Title One

CRIMES AGAINST NATIONAL SECURITY AND THE LAWS OF THE NATIONS

Crimes
Crime Against National Security (114-117)
114
Treason
115
CONSPIRACY AND PROPOSAL TO
COMMIT TREASON
116
MISPRISION OF TREASON
117
ESPIONAGE

Any person who, owing allegiance to (the United States or) the
Government of the Philippine Islands, not being a foreigner, levies war
against them or adheres to their enemies, giving them aid or comfort
within the Philippine Islands or elsewhere, shall be punished by reclusion
temporal to death and shall pay a fine not to exceed P20,000 pesos.
No person shall be convicted of treason unless on the testimony of two
witnesses at least to the same overt act or on confession of the
accused in open court.
Likewise, an alien, residing in the Philippine Islands, who commits acts of
treason as defined in paragraph 1 of this Article shall be punished by
prision mayor to death and shall pay a fine not to exceed P20,000
pesos. (As amended by E.O. No. 44, May 31, 1945).

The conspiracy or proposal to
commit the crime of treason shall
be punished respectively, by
prision mayor and a fine not
exceeding P10,000 pesos, and
prision correccional and a fine
not exceeding P5,000 pesos.
Every person owing
allegiance to (the United
States) the Government
of the Philippine Islands,
without being a foreigner,
and having knowledge of
any conspiracy against
them, conceals or does
not disclose and make
known the same, as soon
as possible to the
governor or fiscal of the
province, or the mayor or
fiscal of the city in which
he resides, as the case
may be, shall be
punished as an accessory
to the crime of treason.
The penalty of prision correccional shall be inflicted upon
any person who:
1. Without authority therefor, enters a warship, fort,
or naval or military establishment or reservation to
obtain any information, plans, photographs, or
other data of a confidential nature relative to the
defense of the Philippine Archipelago; or
2. Being in possession, by reason of the public office
he holds, of the articles, data, or information
referred to in the preceding paragraph, discloses
their contents to a representative of a foreign
nation.
The penalty next higher in degree shall be imposed if the
offender be a public officer or employee.
Elements 1. Offender is a Filipino citizen or an alien resident;
2. Theres a war in and Philippines is involved; and
3. Offender either
a) Levies war against the government;
1) Actual assembling of men
2) Purpose of executing a treasonable design, by force
b) Adheres to enemies, giving aid or comfort.
1) Actual adherence
2) Give aid or comfort

WAYS TO PROVE:
1. Treason
a. Testimony of at least 2 witnesses to the same overt act
b. Judicial confession of accused
2. Adherence
a. One witness
b. Nature of act itself
c. Circumstances surrounding act

PERSONS LIABLE:
1.Filipino permanent allegiance; can commit treason anywhere
2.Alien Residing temporary allegiance; commit treason only while
residing in Philippines
Conspiracy to Commit Treason
1. In time of war;
2. Two or more persons
come to an agreement
to -
1. levy war against the
government, or
2. adhere to the
enemies and to
give them aid or
comfort
3. They decide to commit
it.

Proposal to Commit Treason
1. In time of war
2. A person who has
decided to levy war
against the government,
or to adhere to the
enemies and to give
them aid or comfort
3. Proposes its execution to
some other person/s.

1. Offender owes
allegiance to the
government
2. Not a foreigner
3. Has knowledge of
any conspiracy (to
commit treason)
against the
government
4. He conceals or does
not disclose the
same to the
authorities in w/c he
resides.

1. By entering, without authority, a warship, fort, or military
or naval establishment or reservation to obtain any
information, plan or other data of confidential nature
relative to the defense of the Philippines.
a) offender enters a warship, fort, naval or military
establishment or reservation;
b) he has no authority therefore; and
c) his purpose is to obtain information, plans,
photographs or other data of a confidential
nature relative to the defense of the Philippines.

2. By disclosing to the representative of a foreign nation
the contents of the articles, data or information referred
to in the preceding paragraph, which he had in his
possession by reason of the public office he holds.
a) offender is a public officer;
b) has in his possession the articles, data or information
referred to in the first mode of committing
espionage, by reason of the public office he holds;
and
c) He discloses their contents to a rep of a foreign
nation.
Penalties 1) Filipino: RP to death and a fine not to exceed P100,000
2) Alien: RT to death and a fine not to exceed P100,000

No complex crime of treason with murder and physical injuries
inseparable
Aggravating circumstance (AC) : ignominy & cruelty
Gravity of seriousness of treason is considered
Art 64- not applicable
Proposal: PM and a fine not
exceeding P10,000
Conspiracy: PC and a fine not
exceeding P5,000
Accessory to the crime of
treason
(2 degrees lower than
that provided for treason)
PC
Penalty next higher in degree shall be imposed if the
offender be a public officer or employee

Being a public officer is a requirement in the second
paragraph. It is aggravating in the first.

Notes 1. Treason breach of allegiance to the government by a person
who owes allegiance to it.
2. Allegiance obligation of fidelity and obedience which individuals
owe to the government under which they live or to their sovereign,
in return for protection they receive
3. Aid or Comfort act w/c strengthens or tends to strengthen the
enemy of the government in the conduct of war against the
government, or an act w/c weakens or tends to weaken the
power of the government or the country to resist or to attack the
enemies of the govt or country
4. Adherence intellectually or emotionally favors the enemy and
harbors sympathies or convictions disloyal to his countrys policy or
interest.
5. Levying war - must be with intent to overthrow the government as
such, not merely to repeal a particular statute or to resist a
particular officer.
6. Treason is a war crime - punished by state as a measure of self-
protection
7. Committed in times of war (not peace) when
- there is actual hostilities
- no need for a declaration of war.
8. Mere acceptance of public office and discharge of official duties
under the enemy do not constitute per se the felony of treason.
But when the position is policy-determining, the acceptance of
public office and the discharge of official duties constitute
treason.
9. Treason committed in a foreign country may be prosecuted in the
Philippines. (Art.2, RPC)
10. Treason by an alien must be Committed in the Philippines. (EO
44).
11. Not necessary that those attempting to overthrow the government
by force of arms should have the apparent power to succeed in
their design, in whole or in part
12. To convict: testimonies must relate to the same overt act not two
similar acts
13. If act is separable each witness can testify to parts of it; but the
act, as a whole, must be identifiable as an overt act
14. Confession must be in open court
15. Inherent circumstances they do not aggravate the crime
- Evident premeditation
- superior strength
- treachery

1. As a general rule, conspiracy
and proposal to commit a
felony is not punishable
(ART.8).
2. Art 115 is an exception as it
specifically penalizes
conspiracy and proposal to
commit treason.
3. Mere agreement and
decision to commit treason is
punishable.
4. Two-witness rule not
applicable since this is a
crime separate from treason
5. Mere proposal even without
acceptance is punishable,
too. If the other accepts, it is
already conspiracy.
6. If actual acts of treason are
committed after the
conspiracy or proposal, the
crime committed will be
treason, and the conspiracy
or proposal is considered as
a means in the commission
thereof.
1. This is an exception
to the rule that mere
silence does not
make the person
criminally liable. It is
a crime of omission.
2. Crime doesnt apply
if crime of treason is
already committed
and it is not reported.
3. RPC mentions 4
individuals (i.e.
governor, provincial
fiscal, mayor or city
fiscal) what about
other high-ranking
government. official?
any govt. Official of
the DILG is OK.
1. Espionage is the offense of gathering, transmitting, or
losing information respecting the national defense with
the intent or reason to believe that the information is to
be used to the injury of the Philippines or the advantage
of any foreign nation. It is not conditioned on citizenship.
2. Wiretapping is not espionage if the purpose is not
connected with the defense.
3. In the first mode of committing the felony, it is not
necessary that the offender succeeds in obtaining the
information.
4. Espionage distinguished from treason
a. In both not conditioned by citizenship of
offender
b. Espionage is committed in many ways in times
of peace or war
Treason is limited in two ways of committing:
levying war, and adhering to the enemy giving
him aid or comfort in times of war

PERSONS LIABLE:
1. Filipino or alien residing.
2. public officer
16. Reason for 2-witness rule special nature of the crime requires that the accused be afforded a special protection not
required in other cases so as to avoid a miscarriage of justice. Extreme seriousness of the crime, for which death is one of
the penalties provided by law, and the fact that the crime is committed in abnormal times, when small differences may in
mortal enmity wipe out all scruples in sacrificing the truth.
17. Treason is a continuing crime. Even after the war, offender can still be prosecuted.
18. No treason through negligence since it must be intentional
19. No complex crime of treason with murder murder is the overt act of aid or comfort and is therefore inseparable from
treason itself.
20. DEFENSE:
- Duress or uncontrollable fear
- Obedience to de facto government
21. NOT DEFENSE:
- Suspended allegiance
Joining the enemy army thus becoming a citizen of the enemy
Crimes
Crime Against the Law of the Nations (118-122)

Provoking war and disloyalty in case of war Piracy and mutiny on the high seas or in Philippine waters
118
INCITING TO WAR OR
GIVING MOTIVES FOR
REPRISALS
119
VIOLATION OF
NEUTRALITY

120
CORRESPONDECE WITH HOSTILE
COUNTRY

121
FLIGHT TO ENEMYS
COUNTRY

122
PIRACY IN GENERAL AND MUTINY ON THE HIGH SEAS

ART. 123.
QUALIFIED PIRACY

The penalty of
reclusion temporal
shall be imposed upon
any public officer or
employee, and that of
prision mayor upon
any private individual,
who, by unlawful or
unauthorized acts
provokes or gives
occasion for a war
involving or liable to
involve the Philippine
Islands or exposes
Filipino citizens to
reprisals on their
persons or property.
The penalty of
prision correccional
shall be inflicted
upon anyone who,
on the occasion of
a war in which the
Government is not
involved, violates
any regulation
issued by
competent
authority for the
purpose of
enforcing neutrality.
Any person who in time of war,
shall have correspondence with an
enemy country or territory
occupied by enemy troops shall be
punished:
1. By prision correccional, if the
correspondence has been
prohibited by the
Government;
2. By prision mayor, if such
correspondence be carried
on in ciphers or conventional
signs; and
3. By reclusion temporal, if notice
or information be given
thereby which might be useful
to the enemy. If the offender
intended to aid the enemy by
giving such notice or
information, he shall suffer the
penalty of reclusion temporal
to death.
Flight to enemy
country. - The penalty
of arresto mayor shall
be inflicted upon any
person who, owing
allegiance to the
Government,
attempts to flee or go
to an enemy country
when prohibited by
competent authority.
The penalty of reclusion temporal shall be inflicted upon
any person who, on the high seas, shall attack or seize a
vessel or, not being a member of its complement nor a
passenger, shall seize the whole or part of the cargo of
said vessel, its equipment, or personal belongings of its
complement or passengers.
The same penalty shall be inflicted in case of mutiny on
the high seas or in Philippine waters.

The penalty of reclusion
temporal to death shall be
imposed upon those who
commit any of the crimes
referred to in the preceding
article, under any of the
following circumstances:
1. Whenever they have
seized a vessel by boarding
or firing upon the same;
2. Whenever the pirates
have abandoned their
victims without means of
saving themselves; or
3. Whenever the crime is
accompanied by murder,
homicide, physical injuries or
rape.

Elements
1. Offender
performs unlawful
or unauthorized
acts;
2. Such acts
provoke or give
occasion for a
war involving or
liable to involve
the Philippines or
expose Filipino
citizens to
reprisals on their
persons or
property;
1. That there is
war in which
the Philippines
is not involved;
2. That there is a
regulation
issued by
competent
authority for
the purpose of
enforcing
neutrality; and
3. That the
offender
violates such
regulation.
1. Theres a war in which
Philippines is involved;
2. That the offender makes
correspondence with an
enemy country or territory
occupied by enemy troops;
3. That the correspondence is
either
a. prohibited by the
government, or
b. carried on in ciphers or
conventional signs, or
c. containing notice or
information which might
be useful to the enemy.
1. Theres a war and
Philippines is
involved;
2. Offender owes
allegiance to the
government;
3. Offender
attempts to flee
or go to enemy
country; and
4. Going to enemy
country is
prohibited by
competent
authority.

1. A vessel is on the high seas or Philippine waters;
2. Offenders not members of its complement nor
passengers of the vessel; and
3. That the offenders
a. attack or seize vessel (if committed by crew or
passengers, the crime is not piracy but robbery
in the high seas), or
b. seize whole or part of vessels cargo,
equipment or personal belongings of its
complement or passengers.

QUALIFYING
CIRCUMSTANCES:
a. Seizure of the vessel by
boarding or firing upon
the same;
b. Abandonment of
victims without means
of saving themselves; or
c. Piracy was
accompanied by
murder, homicide,
physical injuries, or
rape.

Penalties RT if by public officer
or employee
PM if private
individual
PC PC
PM
RT if info. is useful to the enemy
RT to death if intention was to aid
the enemy
Arresto Mayor RP
Same penalty in case of mutiny on the high seas of
Philippine waters
Special complex crime
punishable by RP to death
regardless of number of
victims
Notes 1. Crime is
committed in
time of peace.
2. Intent of the
offender is
immaterial.
3. Reprisals are not
limited to military
action, it could
be economic
reprisals, or denial
of entry into their
country.
4. Example: X burns
Chinese flag. If
China bans the
entry of Filipinos
into China, that is
reprisal.

1. This crime is
committed
only in time of
war.
2. Neutrality: a
nation or
power which
takes no part in
a contest of
arms going on
between others
is referred to as
neutral
3. Neutrality of
the Philippines
that was
violated.
4. There has to be
a regulation
issued by
competent
authority for
enforcement of
neutrality
offender
violated it
5. Being a public
officer or
employee has
higher penalty
1. A hostile country exists only
during hostilities or after the
declaration of war.
2. Correspondence
communicating by means of
letters; it may also refer to the
letters w/c pass between
those who have friendly or
business relations
3. Correspondence to enemy
country is correspondence to
officials of enemy country
even if said official is related to
the offender.
4. It is not correspondence with
private individual in enemy
country.
5. If ciphers were used, no need
for prohibition of the
government.
6. If ciphers were not used, there
is a need for prohibition of the
government.
It is immaterial if
correspondence contains
innocent matters. If prohibited,
correspondence is punishable.
1. Mere attempt
consummates the
crime.
2. An alien may be
guilty of this crime
3. There must be a
prohibition. If
there is none,
even if one went
to enemy
country, there is
no crime.
4. An alien resident
may be held
guilty for this
crime because
an alien owes
allegiance to the
Philippine
government
albeit temporary.
PIRACY it is robbery or forcible depredation on the high
seas, without lawful authority and done with animo
furandi and in the spirit and intention of universal hostility.

MUTINY the unlawful resistance to a superior, or the
raising of commotions and disturbances on board a ship
against the authority of its commander.
1. High seas - any waters on the sea coast which are
without the boundaries of the low water mark
although such waters may be in the jurisdictional
limits of a foreign government; parts of the sea that
are not included in the exclusive economic zone, in
the territorial seas, or in the internal waters of a state,
or in the archipelagic waters of an archipelagic
state (United Nations Convention on the Law of the
Sea).
2. Philippine waters all bodies of water, such as but
not limited to seas, gulfs, bays, around, between and
connecting each of the islands of the Philippine
Archipelago, irrespective of its depth, breath, length
or dimension, and all waters belonging to the
Philippines by historic or legal title, including territorial
sea, the seabed, the insular shelves, and other
submarine areas over which the Philippines has
sovereignty and jurisdiction.
3. Now, Art. 122, as amended by R.A. 7659 Piracy and
Mutiny in Philippine waters is punishable.
4. Piracy in high seas jurisdiction of any court where
offenders are found or arrested.
5. Piracy in internal waters jurisdiction of Philippine
courts.
6. For purposes of the Anti-Fencing Law, piracy is part
of robbery and theft.
7. Piracy distinguished from Robbery in high seas:
a. In piracy the offender is an outsider; in
robbery, offender is member of the crew or
a passenger
b. In both, there is intent to gain and the
manner of committing the crime is the
same.
8. Piracy Distinguished from Mutiny
a. In piracy, offenders are outsiders while in
mutiny, they are members of the crew or
passengers
b. In piracy, intent to gain is essential while in
mutiny, intent is not an element
1. The
murder/rape/homicide
/physical injuries must
have been committed
on the passengers or on
the complement of the
vessel.
2. Piracy is a crime not
against any particular
state but against all
mankind. It may be
punished in the
competent tribunal of
any country where the
offender may be found
or into which he may
be carried.
3. Any person who aid or
protects pirates or
abets the commission
of piracy shall be
considered an
accomplice.
4. R.A. 6235 Anti
hijacking Law: punishes
act inimical to civil
aviation

Title 2
CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATES (124-133)
Section One. - Arbitrary detention and expulsion (124-127)
Crimes 124.
ARBITRARY DETENTION

125
DELAY IN THE DELIVERY OF DETAINED PERSONS TO THE
PROPER JUDICIAL AUTHORTIES

126
DELAYING RELEASE

127
Expulsion
Any public officer or employee who, without legal grounds,
detains a person, shall suffer;
1) The penalty of arresto mayor in its maximum period to
prision correccional in its minimum period, if the
detention has not exceeded three days;
2) The penalty of prision correccional in its medium and
maximum periods, if the detention has continued more
than three but not more than fifteen days;
3) The penalty of prision mayor, if the detention has
continued for more than fifteen days but not more
than six months; and
4) That of reclusion temporal, if the detention shall have
exceeded six months.
The commission of a crime, or violent insanity or any other
ailment requiring the compulsory confinement of the
patient in a hospital, shall be considered legal grounds for
the detention of any person.
The penalties provided in the next preceding article shall
be imposed upon the public officer or employee who shall
detain any person for some legal ground and shall fail to
deliver such person to the proper judicial authorities within
the period of; twelve (12) hours, for crimes or offenses
punishable by light penalties, or their equivalent; eighteen
(18) hours, for crimes or offenses punishable by
correctional penalties, or their equivalent and thirty-six (36)
hours, for crimes, or offenses punishable by afflictive or
capital penalties, or their equivalent. In every case, the
person detained shall be informed of the cause of his
detention and shall be allowed upon his request, to
communicate and confer at any time with his attorney or
counsel. (As amended by E.O. Nos. 59 and 272, Nov. 7,
1986 and July 25, 1987, respectively).
The penalties provided for in Article 124
shall be imposed upon any public
officer or employee who delays for the
period of time specified therein the
performance of any judicial or
executive order for the release of a
prisoner or detention prisoner, or unduly
delays the service of the notice of such
order to said prisoner or the
proceedings upon any petition for the
liberation of such person.
The penalty of prision
correccional shall be
imposed upon any public
officer or employee who, not
being thereunto authorized
by law, shall expel any
person from the Philippine
Islands or shall compel such
person to change his
residence.
Elements
1. That the offender is a public officer or employee
(whose official duties include the authority to make
an arrest and detain persons);
2. That he detains a person; and
3. That it was without legal grounds.

Rights of the Person Detained:
1. He shall be informed of the cause of his detention
2. He shall be allowed upon his request to communicate
and confer at anytime with his attorney or counsel


Circumstances considered whether officer has detained
person beyond period:
1. Communication
2. Hours of arrest
Other circumstances (e.g. time)
1. That the offender is a public officer or employee;
2. That he has detained a person for some legal
ground; and
3. That he fails to deliver such person to the proper
judicial authority within:
b. 12 hours, detained for crimes punishable by
light penalties, or equivalent;
c. 18 hours, for crimes punishable by correctional
penalties, or their equivalent; or
4. 36 hours, for crimes/offenses punishable by capital
punishment or afflictive penalties, or their
equivalent.


Proper Judicial Authorities: courts of justice or judges or
said courts vested with judicial power to order the
temporary detention or confinement of a person charged
with having committed a public offense
1. That the offender is a public officer
or employee;
2. That there is a judicial or executive
order for the release of a prisoner
or detention prisoner, or that there
is a proceeding upon a petition for
the liberation of such person; and
3. That the offender without good
reason delays:
a. the service of the notice
of such order to the
prisoner, or
b. the performance of such
judicial or executive order
for the release of the
prisoner, or
c. the proceedings upon a
petition for the release of
such person.
1. That the offender is a
public officer or
employee;
2. That he expels any
person from the
Philippines, or
compels a person to
change his residence;
and
3. That the offender is
not authorized to do
so by law.

Penalties Arresto Mayor max to PC min: if detention does not exceed
3 days
PC in med and max: more than 3 but less than 15 days
PM: more than 15 dys but less than 6 mos
RT: if more than 6 mos
Same as next preceding article Same as Art 124 PC
Notes 1. Arbitrary detention is the deprivation by a public officer
of the liberty of a person w/o any legal ground.
2. Arrest w/o warrant the usual cause of arbitrary
detention
3. Though the elements specify that the offender be a
public officer or employee, private individuals who
conspire with public officers can be liable as principals.
4. Legal grounds for the detention of any person:
- commission of a crime
- violent insanity or other ailment requiring compulsory
confinement of the patient in a hospital
5. Grounds for warrantless arrest:
- Crime is about to be, is being, or has been committed;
- Arresting officer must have personal knowledge that
the person probably committed the crime; or
- Person to be arrested is an escaped prisoner.
1. If the offender is private person, offense is illegal
detention
2. The felony means delay in filing the necessary
information or charging of person detained in court
which may be waived if a preliminary investigation is
asked for. This does not contemplate actual physical
delivery.
3. The filing of the information in court beyond the
specified periods does not cure illegality of detention.
Neither does it affect the legality of the confinement
under process issued by the court.
4. To prevent committing this felony, officers usually ask
accused to execute a waiver of Art. 125 which should
be under oath and with assistance of counsel. Such
waiver is not violative of the constitutional right of the
accused.
5. Contemplates arrest by virtue of some legal ground or
valid warrantless arrest.
6. If arrested by virtue of arrest warrant, person may be
detained until case is decided.
7. LENGTH OF WAIVER:
- Light offense 5 days.
- Serious and less serious offenses 7 to 10
days. (Judge Pimentel)
If offender is a private person, the crime is illegal
detention.
8. Art 125 Distinguished from Art 124
In Art 124, detention is illegal from the beginning; in art
125, detention is legal in the beginning but the
illegality starts from the expiration of any of the
periods of time specified w/o person detained having
been delivered to proper judicial authority.


1. Wardens and jailers are the persons
most likely to violate this provision.

1. Acts punishable:
- by expelling a
person from
the
Philippines; or
- by compelling a
person to change
his residence
2. The crime of expulsion
absorbs that of grave
coercion. If done by a
private person, act will
amount to grave
coercion.
3. Crime does not include
expulsion of
undesirable aliens,
destierro, or when sent
to prison.
4. If a Filipino who, after
voluntarily leaving the
country, is illegally
refused re-entry is
considered a victim of
being forced to change
his address.
5. Threat to national
security is not a valid
ground to expel or to
compel one to change
his address.
6. The Chief Executive
has the power to
deport undesirable
aliens.
7. Only the court by a
final judgment can
order a person to
change his residence



Crimes
Section Two. - Violation of domicile (128-130)
128
VIOLATION OF DOMICILE

129
search warrants maliciously obtained, and abuse in the service of those legally
obtained

130
SEARCHING DOMICILE WITHOUT WITNESSES

The penalty of prision correccional in its minimum period shall be
imposed upon any public officer or employee who, not being
authorized by judicial order, shall enter any dwelling against the will of
the owner thereof, search papers or other effects found therein without
the previous consent of such owner, or having surreptitiously entered
said dwelling, and being required to leave the premises, shall refuse to
do so.
If the offense be committed in the night-time, or if any papers or effects
not constituting evidence of a crime be not returned immediately after
the search made by the offender, the penalty shall be prision
correccional in its medium and maximum periods.
In addition to the liability attaching to the offender for the commission of any
other offense, the penalty of arresto mayor in its maximum period to prision
correccional in its minimum period and a fine not exceeding P1,000 pesos shall
be imposed upon any public officer or employee who shall procure a search
warrant without just cause, or, having legally procured the same, shall exceed
his authority or use unnecessary severity in executing the same.
The penalty of arresto mayor in its medium
and maximum periods shall be imposed
upon a public officer or employee who, in
cases where a search is proper, shall search
the domicile, papers or other belongings of
any person, in the absence of the latter, any
member of his family, or in their default,
without the presence of two witnesses
residing in the same locality.
Elements 1. That the offender is a public officer or employee;
2. That he is not authorized by judicial order to enter the dwelling
and/or to make a search therein for papers or other effects; and
3. That he commits any of the following acts:
a. entering any dwelling against the will of the owner thereof;
b. searching papers or other effects found therein without the
previous consent of such owner;
c. refusing to leave the premises, after having surreptitiously
entered said dwelling and after having been required to
leave the same.

ACTS PUNISHABLE:
1. procuring a search warrant without just cause
ELEMENTS:
1. That the offender is a public officer or employee;
2. That he procures a search warrant; and
3. That there is no just cause.
2. exceeding his authority by using unnecessary severity in executing a
search warrant legally procured
ELEMENTS:
1. That the offender is a public officer or employee;
2. That he has legally procured a search warrant; and
3. That he exceeds his authority or uses unnecessary severity in
executing the same.

1. That the offender is a public officer or
employee;
2. That he is armed with a search warrant
legally procured;
3. That he searches the domicile, papers
or other belongings of any person; and
4. That the owner, or any member of his
family, or two witnesses residing in the
same locality are not present.
Penalties PC in min
PC in med and max if w/ the ff qualifying circumstances
1. nighttime
2. papers or effects not constituting evidence of a crime are not
returned immediately
Liability attaching to offender for commission of any other offense and
Arresto mayor in max to PC in min and a fine not exceeding P1,000
Arresto Mayor in med and max
Notes 1. The judicial order is the search warrant.
2. If the offender who enters the dwelling against the will of the
owner thereof is a private individual, the crime committed is
trespass to dwelling (Art 280).
3. When a public officer searched a person outside his dwelling
without a search warrant and such person is not legally arrested
for an offense, the crime committed by the public officer is either:
- grave coercion if violence or intimidation is used (Art
286), or
- unjust vexation if there is no violence or intimidation
(Art 287).
Public officer without a search warrant cannot lawfully enter the
dwelling against the will of the owner, even if he knew that
someone in that dwelling is in unlawful possession of opium.
1. Search warrant = an order in writing issued in the name of the People of
the Philippines, signed by a judge, and directed to a peace office r,
commanding him to search for personal property described therein and to
bring it before the court.
2. Probable Cause = reasons, supported by facts and circumstances, as will
warrant a cautious man in the belief that his actions and the means taken
in prosecuting it, are legally just and proper.
3. Search warrant is valid for 10 days from its date of issue.
4. If there is no just cause, the warrant is unjustified.
5. The search is limited to what is described in the warrant, all details must be
with set forth with particularity.
6. Personal property to be seized:
a. Subject of the offense; or
b. Stolen or embezzled and other proceeds or fruits of the
Order of those who must witness the
search:
Homeowner
Members of the family of
sufficient age and discretion
Responsible members of the
community
Search - to go over or look thru for the
purpose of finding to examine
Validity of the search warrant can be
questioned only in 2 courts: where
issued or where the case is pending. The
latter is preferred for objective
determination.
offense; or
c. Used or intended to be used as the means of committing an
offense
7. Search warrant will not issue except upon probable cause
8. The true test of lack of just cause is whether the affidavits filed in support of
the application for search warrant has been drawn in such a manner that
a perjury could be charged and affiant be held liable for damage
caused.
9. Peace officers may enter house of an offender who committed an offense
in their presence
10. Search and seizure of vessels w/o search warrant (in violation of custom
laws) is legal
11. Example of a warrant maliciously obtained: X was a respondent of a
search warrant for illegal possession of firearms. A return was made. The
gun did not belong to X and the witness had no personal knowledge that
there is a gun in that place.
12. Examples of abuse in service of warrant:
13. X owner was handcuffed while search was going-on.
14. Tank was used to ram gate prior to announcement that a search will be
made.
15. Persons who were not respondents were searched.
16. An exception to the necessity of a search warrant is the right of search
and seizure as an incident to a lawful arrest.

Distinguish Art 128 from Art 130 in
violation of domicile (art 128), the public
officer has no search warrant. In Art
130, officer has search warrant.














Crimes Section Three. - Prohibition, interruption and dissolution of peaceful
meetings

Section Four. - Crimes against religious worship

131.
prohibition, interruption, and dissolution of peaceful meetings

132
interruption of religious worship

133
offending religious feelings

The penalty of prision correccional in its minimum period shall be imposed upon
any public officer or employee who, without legal ground, shall prohibit or
interrupt the holding of a peaceful meeting, or shall dissolve the same.
The same penalty shall be imposed upon a public officer or employee who shall
hinder any person from joining any lawful association or from attending any of its
meetings.
The same penalty shall be imposed upon any public officer or employee who
shall prohibit or hinder any person from addressing, either alone or together with
others, any petition to the authorities for the correction of abuses or redress of
grievances.
The penalty of prision correccional in its minimum period shall be
imposed upon any public officer or employee who shall prevent
or disturb the ceremonies or manifestations of any religion.
If the crime shall have been committed with violence or threats,
the penalty shall be prision correccional in its medium and
maximum periods.

The penalty of arresto mayor in its maximum
period to prision correccional in its minimum
period shall be imposed upon anyone who, in
a place devoted to religious worship or
during the celebration of any religious
ceremony shall perform acts notoriously
offensive to the feelings of the faithful.
Elements 1. Offender is a public officer or employee;
2. He performs any of the following acts:
a. prohibiting or interrupting, without legal ground the holding of a
peaceful meeting, or dissolving the same (e.g. denial of permit in
arbitrary manner).
b. hindering any person from joining any lawful association or from
attending any of its meetings
c. prohibiting or hindering any person from addressing, either alone or
together with others, any petition to the authorities for the correction of
abuses or redress of grievances.
1. That the officer is a public officer or employee;
2. That religious ceremonies or manifestations of any religion
are about to take place or are going on; and
3. That the offender prevents or disturbs the same.

1. Acts complained of were performed
a. in a place devoted to religious
feelings, or
b. during the celebration of any
religious ceremony
2. Acts must be notoriously offensive to the
feelings of the faithful;
3. Offender is any person; and
4. Theres a deliberate intent to hurt the feelings
of the faithful, directed against religious tenet.


Penalties PC in min PC in min
PC in med and max if committed w/ violence or threats
A Mayor in max to PC in min
Notes 1. If the offender is a private individual, the crime is disturbance of public order
(Art 153).
2. Meeting must be peaceful and there is no legal ground for prohibiting,
dissolving or interrupting that meeting.
3. Offender must be a stranger, not a participant, in the peaceful meeting;
otherwise, the offense is unjust vexation.
4. Interrupting and dissolving a meeting of the municipal council by a public
officer is a crime against the legislative body and not punishable under this
article.
5. The person talking on a prohibited subject at a public meeting contrary to
agreement that no speaker should touch on politics may be stopped.
6. But stopping the speaker who was attacking certain churches in public
meeting is a violation of this article.
7. Those holding peaceful meetings must comply with local ordinances.
Example: Ordinance requires permits for meetings in public places. But if a
police stops a meeting in a private place because theres no permit, officer
is liable for stopping the meeting.
1. Reading of Bible and then attacking certain churches in a
public plaza is not a ceremony or manifestation of religion,
but only a meeting of a religious sect. But if done in a
private home, its a religious service.
2. Religious Worship includes people in the act of performing
religious rites for a religious ceremony or a manifestation of
religion. Examples: Mass, baptism, marriag
1. If in a place devoted to religious purpose,
there is no need for an ongoing religious
ceremony.
2. Acts must be directed against religious
practice or dogma or ritual for the purpose of
ridicule, as mocking or scoffing or attempting
to damage an object of religious veneration.
3. There must be deliberate intent to hurt the
feelings of the faithful, mere arrogance or
rudeness is not enough.

Religious ceremony ; religious acts performed
outside the church): such as processions and
special prayers for burying dead persons (but NOT
prayer rallies)
Title Three
CRIMES AGAINST PUBLIC ORDER

Crime 134
REBELLION OR INSURRECTION

134 A
COUP D ETAT

136
CONSPIRACY AND PROPOSAL TO
COMMIT COUP D ETAT, REBELLION OR
INSURRECTION
137
DISLOYALTY
138
INCITING TO REBELLION
OR INSURRECTION

The crime of rebellion or insurrection is committed by rising
publicly and taking arms against the Government for the
purpose of removing from the allegiance to said
Government or its laws, the territory of the Philippine Islands
or any part thereof, of any body of land, naval or other
armed forces, depriving the Chief Executive or the
Legislature, wholly or partially, of any of their powers or
prerogatives. (As amended by R.A. 6968).
The crime of coup d'etat is a swift attack
accompanied by violence, intimidation,
threat, strategy or stealth, directed
against duly constituted authorities of the
Republic of the Philippines, or any military
camp or installation, communications
network, public utilities or other facilities
needed for the exercise and continued
possession of power, singly or
simultaneously carried out anywhere in
the Philippines by any person or persons,
belonging to the military or police or
holding any public office of employment
with or without civilian support or
participation for the purpose of seizing or
diminishing state power. (As amended by
R.A. 6968).
The conspiracy and proposal to commit
coup d'etat shall be punished by prision
mayor in minimum period and a fine
which shall not exceed eight thousand
pesos (P8,000.00).
The conspiracy and proposal to commit
rebellion or insurrection shall be punished
respectively, by prision correccional in its
maximum period and a fine which shall
not exceed five thousand pesos
(P5,000.00) and by prision correccional in
its medium period and a fine not
exceeding two thousand pesos
(P2,000.00). (As amended by R.A. 6968,
approved October 24, 1990).

The penalty of prision
correccional in its
minimum period shall
be imposed upon
public officers or
employees who have
failed to resist a
rebellion by all the
means in their power,
or shall continue to
discharge the duties of
their offices under the
control of the rebels or
shall accept
appointment to office
under them.
(Reinstated by E.O. No.
187).
The penalty of prision
mayor in its minimum
period shall be imposed
upon any person who,
without taking arms or
being in open hostility
against the Government,
shall incite others to the
execution of any of the
acts specified in article
134 of this Code, by
means of speeches,
proclamations, writings,
emblems, banners or
other representations
tending to the same end.
(Reinstated by E.O. No.
187).
Elements 1. That there be a public armed uprising; and
2. That the purpose of the uprising or movement is either:
a. to remove from the allegiance to said government
or its laws the territory of the Philippines or any part
thereof or any body of land, naval or other armed
forces, or
b. to deprive the chief executive or congress, wholly
or partially, of any of their powers or prerogatives.


PERSONS LIABLE:
1. Any person who: (a) promotes, (b) maintains, or (c)
heads a rebellion or insurrection (leader);
2. Any person merely participating or executing the
command of others in rebellion (participant); and
3. Any person who in fact directed the others, spoke
for them, signed receipts and other documents
issued in their name, or performed similar acts, on
behalf of the rebels (person deemed leader when
leader is unknown)
1. Offender is a person or persons
belonging to the military, or police or
holding any public office or
employment,
2. Committed by means of swift attack,
accompanied by violence,
intimidation, threat, strategy or
stealth;
3. Directed against:
a. duly constituted
authorities of the
Philippines
b. any military camp or
installation
c. communication
networks, public utilities
or other facilities
needed for the exercise
and continued
possession of power
4. For the purpose of seizing or
diminishing state power.

Conspiracy to commit coup d etat
Conspiracy to commit rebellion or
insurrection
Proposal to commit rebellion or
insurrection

ELEMENTS OF CONSPIRACY:
1. Two or more persons come to
an agreement to rise publicly
and take arms against the
government;
2. For any of the purposes of
rebellion; and
3. They decide to commit it.

ELEMENTS OF PROPOSAL:
1. A person who has decided to
rise publicly and take arms
against the government;
2. For any of the purposes of
rebellion; and
3. Proposes its execution to some
other person/s.
1. The offender is a
public officer
2. Commits any of
the following acts
of disloyalty
a. Failing to resist
rebellion by all
the means in
their power; or
b. Continuing to
discharge the
duties of their
offices under
the control of
rebels; or
c. Accepting
appointment to
office under
rebels.

1. That the offender
does not take arms
or is not in open
hostility against the
government;
2. That he incites
others to the
execution of any of
the acts of rebellion;
and
3. That the inciting is
done by means of
speeches,
proclamations,
writings, emblems,
banners or other
representations
tending to the same
end.
Penalties RP -Leaders
RT-Participants
RP - Deemed leader
RP leaders and deemed leaders
RT in max - participants from govt
PM in max- participants not from govt
PM in min & fine not to exceed P8,000
PC in max & fine not to exceed P5,000
PC in med & fine not to exceed P2,000
PC in min PC in min
Notes Rebellion is the term used where the object of the movement is completely
to overthrow and supersede the existing government.

Insurrection refers to a movement which seeks merely to effect some
change of minor importance to prevent the exercise of governmental
authority w/ respect to particular matters or subjects.

Rebellion Distinguished from Treason
a. Rebellion : levying of war during peace time for any of the
purposes mentioned while treason is performed in aid of enemy
during war time.
b. Rebellion always includes the taking of arms against government
while treason may be committed by mere adherence to the
enemy, giving aid or comfort.

Rebellion Distinguished from Subversion
Rebellion is a crime against public order while subversion, like treason is
against national security

1. Purpose of the uprising must be shown but it is not necessary that it be
accomplished.
2. If there is no public uprising, the crime isdirect assault.
3. Mere giving of aid or comfort is not criminal in the case of rebellion.
There must be ACTUAL participation.
4. people vs. Hernandez ruling: rebellion cannot be complexed with
ordinary crimes done pursuant to it
5. people vs. Geronimo ruling: crimes done for private purposes without
political motivation should be separately punished
6. Enrile vs. Salazar ruling: upheld Hernandez
7. Thus: Rebellion absorbs other crimes committed in furtherance of
rebellion.
8. Illegal possession of firearms in furtherance of rebellion is absorbed by
the crime of rebellion. A private crime may be committed during
rebellion.
9. Rape, even if not in furtherance of rebellion cannot be complexed with
rebellion.
10. Rebellion is a continuing crime along with the crime of conspiracy or
proposal to commit rebellion.
11. If killing or robbing were done for private purposes or for profit, without
any political motivation, the crime would be separately be punished
and would not be embraced by rebellion (People v. Fernando).
12. Diverting public funds is malversation absorbed in rebellion.
13. Public officer must take active part, because mere silence or omission
is not punishable as rebellion.
14. In rebellion, it is not a defense that the accused never took the oath of
allegiance, or that they never recognized the government.
15. If the leader is unknown, a person is deemed a leader of rebellion if he:
a. directed the others,
b. spoke for them,
c. signed receipts and other documents issued in their name, and
d. performed similar acts on behalf of the rebels.
1. May be committed w/
or w/o civilian
participation
2. PERSONS LIABLE:
a) Any person who leads
or in any manner
directs or commands
others to undertake
coup detat (leaders);
b) Any person in the
government service
who participates or
executes directions or
commands of others in
undertaking coup
detat (participants
from government);
c) Any person not in the
government service
who participates, or in
any manner, supports,
finances, abets, or aids
in undertaking a coup
detat (participants not
from government);
and
d) Any person who in fact
directed the others,
spoke for them, signed
receipts and other
documents issued in
their name, or
performed similar acts,
on behalf of the rebels
(deemed leader if
leader is unknown)
1. Organizing a group of soldiers,
soliciting membership in, and
soliciting funds for the
organization show conspiracy to
overthrow the government.
2. The mere fact of giving and
rendering speeches favoring
Communism would not make the
accused guilty of conspiracy if
there is no evidence that the
hearers then and there agreed
to rise up in arms against the
government.
3. No conspiracy when there is no
agreement and no decision to
commit rebellion
4. The advocacy of Communism or
Communistic theory is not a
criminal act of conspiracy unless
converted into advocacy of
action.
5. Only when the Communist
advocates action and actual
uprising, war or otherwise, does
he become guilty of conspiracy
to commit rebellion. (People vs.
Hernandez

Proposal to Commit Rebellion and
Inciting rebellion:
1. In proposal to commit
rebellion, he who proposes
has decided to commit
rebellion while in inciting
rebellion, it is not required
that the offender has
decided to commit rebellion.
2. In proposal, the offender uses
secret means while the act
of inciting is done publicly
3. In both, the offender
induces another to commit
rebellion; the crime of
rebellion is not committed by
the persons to whom it is
proposed or who are incited
otherwise, the proponent or
the one inciting becomes a
principal by inducement in
the crime of rebellion.
1. There must be
actual rebellion
for this crime to
be committed.
2. It must not be
committed in
conspiracy with
rebels or coup
plotters for this
crime to be
committed.
3. If position is
accepted in order
to protect the
people, not
covered by this
article.

1. Inciting must have
been intentionally
calculated to seduce
others to rebellion.
2. In both proposal to
commit rebellion
and in inciting to
rebellion, rebellion
should not actually
be committed by
the persons to
whom it was
proposed, or who
were incited. If they
commit rebellion
because of the
proposal or
incitement, the
proponent, or the
one inciting may
become a principal
by inducement in
the crime of
rebellion.

Crime 139
SEDITION

141
CONSPIRACY TO
COMMIT SEDITION
142
INCITING TO SEDITION

The crime of sedition is committed by persons who rise publicly and tumultuously in order to
attain by force, intimidation, or by other means outside of legal methods, any of the following
objects:
1. To prevent the promulgation or execution of any law or the holding of any popular
election;
2. To prevent the National Government, or any provincial or municipal government or any
public officer thereof from freely exercising its or his functions, or prevent the execution of
any administrative order;
3. To inflict any act of hate or revenge upon the person or property of any public officer or
employee;
4. To commit, for any political or social end, any act of hate or revenge against private
persons or any social class; and
5. To despoil, for any political or social end, any person, municipality or province, or the
National Government (or the Government of the United States), of all its property or any
part thereof.
Persons conspiring
to commit the crime
of sedition shall be
punished by prision
correccional in its
medium period and
a fine not
exceeding 2,000
pesos. (Reinstated
by E.O. No. 187).

The penalty of prision correccional in its maximum period and a fine not exceeding
2,000 pesos shall be imposed upon any person who, without taking any direct part
in the crime of sedition, should incite others to the accomplishment of any of the
acts which constitute sedition, by means of speeches, proclamations, writings,
emblems, cartoons, banners, or other representations tending to the same end, or
upon any person or persons who shall utter seditious words or speeches, write,
publish, or circulate scurrilous libels against the (Government of the United States or
the Government of the Commonwealth of the Philippines) or any of the duly
constituted authorities thereof, or which tend to disturb or obstruct any lawful
officer in executing the functions of his office, or which tend to instigate others to
cabal and meet together for unlawful purposes, or which suggest or incite
rebellious conspiracies or riots, or which lead or tend to stir up the people against
the lawful authorities or to disturb the peace of the community, the safety and
order of the Government, or who shall knowingly conceal such evil practices.
(Reinstated by E.O. No. 187).
Elements 1. That the offenders rise
a. Publicly; and
b. Tumultuously;
2. That they employ force, intimidation, or other means outside of legal methods; and
3. That the offenders employ any of those means to attain any of the following objects:
a) to prevent the promulgation or execution of any law or the holding of any popular
election;
b) to prevent the national government, or any provincial or municipal government, or
any public officer thereof from freely exercising its or his functions, or prevent the
execution of any administrative order;
c) to inflict any act of hate or revenge upon the person or property of any public officer
or employee;
d) to commit for any political or social end, any act of hate or revenge against private
persons or any social class; or
e) to despoil, for any political or social end, any person, municipality or province, or the
national government of all its property or any part thereof.
There is no proposal
to commit sedition
1. Inciting others to the accomplishment of any of the acts which constitute
sedition by means of speeches, proclamations, writings, emblems etc.
a. That the offender does not take a direct part in the crime of sedition;
b. That he incites others to the accomplishment of any of the acts which
constitute sedition; and
c. That the inciting is done by means of speeches, proclamations, writing,
emblems, cartoons, banners, or other representations tending to the same
end.
2. Uttering seditious words or speeches which tend to disturb the public peace;
3. Writing, publishing, or circulating scurrilous [vulgar, mean, libelous] libels
against the government or any of the duly constituted authorities thereof,
which tend to disturb the public peace; or
4. Knowingly concealing such evil practices.
Penalties PM in min & a fine not exceeding P10,000 (leader)

PC in max & a fine not exceeding P5000 (participants)
PC in med and a
fine not to exceed
P2000
PC in max and a fine not to exceed P2,000
Notes 1. Sedition is the raising of commotions or disturbances in the State. Its ultimate object is a
violation of the public peace or at least such a course of measures as evidently engenders
it. (People vs. Perez)
2. Tumultuous uprising means that it is caused by more than 3 persons who are armed or
provided w/ means of violence.
3. In sedition, offender may be a private or public person.
4. Common crimes are not absorbed in sedition. (People v. Umali)
5. Preventing election through legal means is NOT sedition.
6. If the purpose of the offenders is to attain the objects of rebellion or sedition by force or
violence, but there is no public uprising, the crime committed is direct assault.
7. There is conspiracy to commit sedition (Art. 141) but no proposal to commit sedition.
There must be an
agreement and a
decision to rise
publicly and
tumultuously to
attain any of the
objects of sedition
in order to
constitute crime of
conspiracy to
commit sedition.
UTTERING AND WRITING PUNISHABLE:
1. when they tend to disturb or obstruct any public officer in executing the
functions of his office; or
2. when they tend to instigate others to cabal and meet together for unlawful
purposes;
3. when they suggest or incite rebellious conspiracies or riots; or
4. when they lead or tend to stir up the people against the lawful authorities or to
disturb the peace of the community, the safety and order of the government.

2 RULES RELATIVE TO SEDITOUS WORDS:
1. Dangerous Tendency rule: when the words uttered or published could easily
8. Sedition Distinguished from rebellion:
a. In both, there must be pubic uprising
b. In sedition, there must be taking up of arms against the government
c. In sedition, the purpose of the offenders may be political or social; in rebellion, it is
always political


produce dissatisfaction among the people and a state of feeling in them
incompatible with a disposition to remain loyal to the govt and obedient to
the laws.
2. Clear and Present Danger rule: the danger apprehended is imminent and
that the evil to be prevented is a serious one. There is probability of serious
injury to the State.


















Chapter Two
CRIMES AGAINST POPULAR REPRESENTATION

Section One. - Crimes against legislative bodies and similar bodies
Section Two. - Violation of parliamentary immunity
Crime 143
ACTS TNDNG TO PRVNT d MEETING OF d
ASSEMBLY
144
DSTRBANCE OF PRCDNGS

145
VIOLATION OF PRLMNTRY IMMUNITY
Article 143. Act tending to prevent the meeting
of the Assembly and similar bodies. - The
penalty of prision correccional or a fine ranging
from 200 to 2,000 pesos, or both, shall be
imposed upon any person who, by force or
fraud, prevents the meeting of the National
Assembly (Congress of the Philippines) or of any
of its committees or subcommittees,
constitutional commissions or committees or
divisions thereof, or of any provincial board or
city or municipal council or board. (Reinstated
by E.O. No. 187).
Article 144. Disturbance of proceedings. - The penalty
of arresto mayor or a fine from 200 to 1,000 pesos shall be
imposed upon any person who disturbs the meetings of
the National Assembly (Congress of the Philippines) or of
any of its committees or subcommittees, constitutional
commissions or committees or divisions thereof, or of any
provincial board or city or municipal council or board, or
in the presence of any such bodies should behave in
such manner as to interrupt its proceedings or to impair
the respect due it. (Reinstated by E.O. No. 187).
Article 145. Violation of parliamentary immunity. - The penalty of prision mayor shall
be imposed upon any person who shall use force, intimidation, threats, or fraud to
prevent any member of the National Assembly (Congress of the Philippines) from
attending the meetings of the Assembly (Congress) or of any of its committees or
subcommittees, constitutional commissions or committees or divisions thereof, from
expressing his opinions or casting his vote; and the penalty of prision correccional
shall be imposed upon any public officer or employee who shall, while the
Assembly (Congress) is in regular or special session, arrest or search any member
thereof, except in case such member has committed a crime punishable under this
Code by a penalty higher than prision mayor.
Elements 1. A projected or actual meeting of
Congress or any of its committees or
subcommittees, constitutional
commissions or committees or divisions
thereof, or of any provincial board or city
or municipal council or board; and
2. That the offender who may be any
person prevents such meeting by force or
fraud.
1. An actual meeting of Congress or any of its
committees, constitutional commissions or
committees or divisions thereof, or of any
provincial board or city or municipal council or
board; and
2. That the offender does any of the following
acts
a) he disturbs any of such meetings
b) he behaves while in the presence of any
such bodies in such a manner as to
interrupt its proceedings or to impair the
respect due it.
ACTS PUNISHABLE:
1. By using force, intimidation, threats, or fraud to prevent any member of
Congress from attending the meeting of the assembly or any of its
committees, constitutional commissions or committees or divisions thereof,
or from expressing his opinions or casting his vote.
1. Offender uses force, intimidation, threat or fraud
2. Purpose is to prevent any member of Congress from:
a) Attending the said meetings;
b) Expressing his opinions; or
c) Casting his vote.
2. By arresting or searching any member thereof while Congress is in a
regular or special session, except in case such member has committed a
crime punishable under the code by a penalty higher than prision mayor.
1. Offender is a public officer or employee;
2. He arrests or searches any member of Congress
3. Congress, at the time of arrest or search is in regular or special
session
4. member arrested o searched hasnt committed a crime by a
penalty prision mayor or higher.
Penalties PC or a fine ranging from P200 to P2000 or
both
Arresto Mayor or a fine of P200 to P1000 1. PM
2. PC
Notes Chief of Police and mayor who prevented the
meeting of the municipal council are liable
under Art. 143, when the defect of the
meeting is not manifest and requires an
investigation before its existence can be
determined.
Complaint must be filed by member of the Legislative
body. Accused may also be punished for contempt by
the legislative body.

1. Parliamentary immunity does not mean exemption from criminal liability,
except from a crime that may arise from any speech that the member of
Congress may deliver on the floor during regular or special session.
2. To be consistent with the 1987 Constitution, the phrase by a penalty
higher than prision mayor in Art. 145 should be amended to read by the
penalty of prision mayor or higher.


Chapter Three
ILLEGAL ASSEMBLIES AND ASSOCIATIONS
Crime 146
ILLEGAL ASSEMBLIES

147
Illegal Associations

Article 146. Illegal assemblies. - The penalty of prision correccional in its maximum period to prision mayor in
its medium period shall be imposed upon the organizers or leaders of any meeting attended by armed
persons for the purpose of committing any of the crimes punishable under this Code, or of any meeting in
which the audience is incited to the commission of the crime of treason, rebellion or insurrection, sedition or
assault upon a person in authority or his agents. Persons merely present at such meeting shall suffer the
penalty of arresto mayor, unless they are armed, in which case the penalty shall be prision correccional.
If any person present at the meeting carries an unlicensed firearm, it shall be presumed that the purpose of
said meeting, insofar as he is concerned, is to commit acts punishable under this Code, and he shall be
considered a leader or organizer of the meeting within the purview of the preceding paragraph.
As used in this article, the word "meeting" shall be understood to include a gathering or group, whether in a
fixed place or moving. (Reinstated by E.O. No. 187).

Article 147. Illegal associations. - The penalty of prision correccional in its minimum
and medium periods and a fine not exceeding 1,000 pesos shall be imposed upon
the founders, directors, and presidents of associations totally or partially organized
for the purpose of committing any of the crimes punishable under this Code or for
some purpose contrary to public morals. Mere members of said associations shall
suffer the penalty of arresto mayor. (Reinstated by E.O. No. 187).
Elements 1. Meeting attended by armed persons for the purpose of committing any of the crimes punishable
under the Revised Penal Code;
1. Theres a meeting gather or group of persons whether fixed or moving;
2. Meeting is attended by armed persons; and
3. The purpose of meeting is to commit any of the crimes punishable under RPC
2. A meeting in w/c the audience is incited to the commission of the crimes of treason, rebellion or
insurrection, sedition or assault upon a person in authority or his agent.
1. Theres a meeting gather or group of persons whether fixed or moving;
2. Audience whether armed or not is incited to the commission of the crime of treason, rebellion
or insurrection, sedition or direct assault.

2 KINDS OF ILLEGAL ASSOCIATIONS:
1. Organizations totally or partially organized for the purpose of
committing any of the crimes in RPC; or
2. For some purpose contrary to public morals.

PERSONS LIABLE:
1. founders, directors and president of the association; and
2. mere members of the association



Penalties PC in max to PM in med for organizers or leaders of any meeting under this article

Arresto Mayor- unarmed person merely present

PC- armed persons merely present
PC in min & med and fine not exceeding P1000 founders, directors, and
presidents

Aresto mayor mere members
Notes 1. When a person carries unlicensed firearm in the 1st assembly:
Presumed that the purpose of meeting is to commit any crime under RPC
Presumed that the one in possession of unlicensed firearm is the leader or organizer of the meeting
3. Not all the persons present at the meeting of the first form of illegal assembly need to be armed.
4. Persons liable for illegal assembly:
the organizers or leaders of the meeting
persons merely present at the meeting (except when presence is out of curiosity
not liable)
5. Meeting includes gathering or group, whether in affixed place or moving

Illegal Association Distinguished from Illegal Assembly
1. In illegal assembly, there must be an actual meeting of armed persons to
commit any of the crimes punishable under the RPC, or of individuals who,
although not armed, are incited to the commission of treason, rebellion,
sedition or assault upon a person in authority of his agent; In illegal
association, it is not necessary that there be a meeting
2. In illegal assembly, it is the meeting and the attendance at such that are
punished; in illegal assembly, it is the act of forming or organizing and
membership in the association is punished
3. In illegal assembly, the persons liable are the founder and those present;
in illegal association, the founders, directors, president, & members.

Chapter Four
ASSAULT UPON, AND RESISTANCE AND DISOBEDIENCE TO, PERSONS IN AUTHORITY AND THEIR AGENTS
Crime 148
Direct Assault

149
Indirect Assault

150
DISOBEDIENCE TO SUMMONS ISSUED BY THE NATIONAL
ASSEMBLY, etc..

151
resistance and disobedience to a
person in authority or the agents
of such person
- Any person or persons who, without a public uprising, shall
employ force or intimidation for the attainment of any of the
purpose enumerated in defining the crimes of rebellion and
sedition, or shall attack, employ force, or seriously intimidate
or resist any person in authority or any of his agents, while
engaged in the performance of official duties, or on
occasion of such performance, shall suffer the penalty of
prision correccional in its medium and maximum periods and
a fine not exceeding P1,000 pesos, when the assault is
committed with a weapon or when the offender is a public
officer or employee, or when the offender lays hands upon a
person in authority. If none of these circumstances be
present, the penalty of prision correccional in its minimum
period and a fine not exceeding P500 pesos shall be
imposed.
- The penalty of prision
correccional in its minimum
and medium periods and
a fine not exceeding P500
pesos shall be imposed
upon any person who shall
make use of force or
intimidation upon any
person coming to the aid
of the authorities or their
agents on occasion of the
commission of any of the
crimes defined in the next
preceding article.

- The penalty of arresto mayor or a fine ranging from two hundred
to one thousand pesos, or both such fine and imprisonment shall be
imposed upon any person who, having been duly summoned to
attend as a witness before the National Assembly, (Congress), its
special or standing committees and subcommittees, the
Constitutional Commissions and its committees, subcommittees, or
divisions, or before any commission or committee chairman or
member authorized to summon witnesses, refuses, without legal
excuse, to obey such summons, or being present before any such
legislative or constitutional body or official, refuses to be sworn or
placed under affirmation or to answer any legal inquiry or to
produce any books, papers, documents, or records in his
possession, when required by them to do so in the exercise of their
functions. The same penalty shall be imposed upon any person who
shall restrain another from attending as a witness, or who shall
induce disobedience to a summon or refusal to be sworn by any
such body or official.
. - The penalty ofarresto mayor and
a fine not exceeding 500 pesos
shall be imposed upon any person
who not being included in the
provisions of the preceding articles
shall resist or seriously disobey any
person in authority, or the agents of
such person, while engaged in the
performance of official duties.
When the disobedience to an
agent of a person in authority is not
of a serious nature, the penalty
of arresto menoror a fine ranging
from 10 to P100 pesos shall be
imposed upon the offender.
Elements 2 WAYS TO COMMIT DIRECT ASSAULT:
1. Without public uprising, by employing force or intimidation for attainment of any of the
purposes enumerated in defining the crimes of rebellion and sedition (first form)
ELEMENTS:
1. Offender employs force or intimidation;
2. Aim of offender is to attain any of the purposes of the crime of rebellion and sedition;
and
3. That there is no public uprising.

2. Without public uprising, by attacking, by employing force or by seriously intimidating or by
seriously resisting any person in authority or any of his agents, while engaged in the
performance of official duties, or on the occasion of such performance. (second form).

ELEMENTS:
1. Offender (a) makes an attack, (b) employs force, (c) makes a serious intimidation, or
(d) makes a serious resistance;
2. Person assaulted is a person in authority or his agent;
3. At the time of the assault the person in authority or his agent
a. is engaged in the actual performance of official duties (motive is not essential);
or
b. is assaulted by reason of the past performance of official duties (motive is
essential);
4. That the offender knows that the one he is assaulting is a person in authority or his
agent (with intention to offend, injure or assault); and
5. No public uprising.
1. The direct
assault is
committed
against an
agent of a
person in
authority;
2. That the
offended
party comes
to the aid of
such agent of
a person in
authority;
and
3. That the
offender
makes use of
force or
intimidation
upon the said
offended
party.

ACTS PUNISHABLE:
1. Disobedience w/o legal
excuse to summons issued
by the Congress or any of
its committees or
subcommittees;
2. Refusal of any person
present before a legislative
or constitutional body or
official to:
a. to be sworn or placed
under affirmation;
b. to answer any legal
inquiry; or (c) to
produce books,
documents, records
etc. when required to
do so by the said
bodies in the exercise
of their functions;
3. Restraining another from
attending as witness in
such body; or
4. Inducing disobedience to a
summons or refusal to be
sworn.
RESISTANCE & SERIOUS
DISOBEDIENCE (par. 1)
1. That a person in authority or
his agent is engaged in the
performance of official duty
or gives a lawful order to the
offender;
2. That the offender resists or
seriously disobeys such
person in authority or his
agent; and
3. That the act of the offender
is not included in the
provisions of arts. 148, 149
and 150.

SIMPLE DISOBEDIENCE (par. 2)
1. That an agent of a person in
authority is engaged in the
performance of official duty
gives a lawful order to the
offender;
2. That the offender disobeys
such agent of a person in
authority; and
3. That such disobedience is not
of a serious nature.
Penalties PC in med & max & a fine not exceeding P1000 - when the assault is committed with a
weapon or the offender is public officer or employee

PC in min & a fine not exceeding P500- when no qualifying circumstances present

QUALIFYING CIRCUMSTANCES:
1. assault is committed with a weapon;
2. the offender is a public officer or employee; or
3. when the offender lays hand upon a person in authority

PC in min & med
& a fine not
exceeding P500
A.Mayor or a fine ranging from
P200 to P1,000 person
summoned

Same penalty prsn who
induce disobedience to
summon or refusal to be sworn
Arresto Mayor & a fine not exceeding
P500 any person who resist or
seriously
disobey a person in authority

A.menor & fine ranging from P10 to
P100 disobedience to an agent of
PIA not serious in nature
Notes General Rule: Direct assault is always complexed with the material consequence of the act (Ex.
Direct assault with murder).

Exception: If resulting in a light felony, the consequent crime is absorbed.

1. The force employed need not be serious when the offended party is a person in authority
(Ex. Laying of hands).
2. If the offended party is only an agent of the person in authority, the force employed must
be SERIOUS character to be direct assault
3. The intimidation or resistance must be serious whether the offended party is an agent
only or a person in authority (Ex. Pointing a gun).
4. The resistance must be an active resistance and the intimidation must produce its effect
immediately.
5. A person in authority is any person directly vested with jurisdiction (power or authority to
govern and execute the laws) whether as an individual or as a member of some court or
governmental corporation, board, or commission.
6. An agent is one who, by direct provision of law or by election or by appointment by
competent authority, is charged with the maintenance of public order and the protection
and security of life and property. (any person who comes to the aid of the person in
authority, policeman, municipal treasurer, postmaster, sheriff, agents of the BIR,
Malacaang confidential agent.
7. Even when the person in authority or the agent agrees to fight, direct assault is still
committed.
8. When the person in authority or the agent provoked/attacked first, innocent party is
entitled to defend himself and cannot be held liable for assault or resistance nor for
physical injuries, because he acts in legitimate self-defense.
9. There can be no assault upon or disobedience to ones authority by another when they
both contend that they were in the exercise of their respective duties.
10. When assault is made by reason of the performance of his duty there is no need for actual
performance of his official duty when attacked.
11. Direct assault cannot be committed during rebellion.
12. Direct assault may be committed upon a private person who comes to the aid of a person
in authority since he is then considered an agent of a person in authority.

Direct Assault(148) Distinguished from Resistance & Serious Disobedience (151)


1. Indirect
assault can
be committed
only when a
direct assault
is also being
committed.
2. To be indirect
assault, the
person who
should be
aided is the
agent and not
the person in
authority. In
the latter
case, it is
already direct
assault.
3. According to
Art 152: The
person
coming to the
aid of the
person in
authority is
considered an
agent and an
attack on the
latter is
already direct
assault.
1. Art 150 applies only to
disobedience w/o LEGAL
EXCUSE
2. Any of the acts mentioned
in Art 150 also constitute
contempt of Court
3. The court may take any
action not amounting to a
release of a prisoner of
Congress
4. The power of inquiry w/
process to enforce it, is an
essential and an
appropriate auxiliary to the
legislative functions
Par 1
1. Resistance and disobedience
consists in the failure to comply
with the orders directly issued by
the authorities in the exercise of
their official duties.
2. Disobedience consists in the
failure or refusal to obey the
direct order of the PIA or his
agent
Par 2
1. The order must be lawful
2. if the disobedience to the agent
of PIA is serious in nature,
offender is punished under par 1
3. when attack or employment of
force is not deliberate, the crime
is only resistance
While being arrested and theres
serious resistance, person
resisting must know that the one
arresting him is an officer
Picketing (economic coercion)
must be lawful otherwise police
can disperse them
Disobedience in 2nd par. must
not be serious. Otherwise it will
fall under the 1st par.
Resistance mustnt be serious
otherwise its direct assault.



Direct Assault Resistance/Disobediencee )
PIA or his agent must be engaged in the performance of official duties or that he is assaulted by
reason thereof
PIA or his agent must be in the actual performance of his duties.

Direct assault is committed in 4 ways by attacking, employing force, Seriously intimidating,
and seriously resisting a PIA or his agent.
Committed by resisting or seriously disobeying a PIA or his agent.

Use of force against an agent of PIA must be serious and deliberate.

Simple disobedience force against an agent of a PIA is not so serious;
No manifest intention to defy the law & officers enforcing it.

Chapter Five
PUBLIC DISORDERS
Crime 153
tumults and other disturbances of public order tumultuous
disturbance or interruption liable to cause disturbance

154.
UNLAWFUL USE OF MEANS OF PUBLICATION AND UNLAWFUL
UTTERANCES

155
ALARMS AND SCANDALS

156
DELIVERING PRISONERS
- The penalty of arresto mayor in its medium period to prision
correccional in its minimum period and a fine not exceeding
1,000 pesos shall be imposed upon any person who shall
cause any serious disturbance in a public place, office, or
establishment, or shall interrupt or disturb public
performances, functions or gatherings, or peaceful meetings,
if the act is not included in the provisions of Articles 131 and
132.
The penalty next higher in degree shall be imposed upon
persons causing any disturbance or interruption of a
tumultuous character.
The disturbance or interruption shall be deemed to be
tumultuous if caused by more than three persons who are
armed or provided with means of violence.
The penalty of arresto mayor shall be imposed upon any
person who in any meeting, association, or public place, shall
make any outcry tending to incite rebellion or sedition or in
such place shall display placards or emblems which provoke
a disturbance of the public order.
The penalty of arresto menor and a fine not to
exceed P200 pesos shall be imposed upon these persons who
in violation of the provisions contained in the last clause of
Article 85, shall bury with pomp the body of a person who has
been legally executed.
- The penalty of arresto mayor and a fine ranging from P200
to P1,000 pesos shall be imposed upon:
1. Any person who by means of printing, lithography, or
any other means of publication shall publish or cause to
be published as news any false news which may
endanger the public order, or cause damage to the
interest or credit of the State;
2. Any person who by the same means, or by words,
utterances or speeches shall encourage disobedience
to the law or to the constituted authorities or praise,
justify, or extol any act punished by law;
3. Any person who shall maliciously publish or cause to be
published any official resolution or document without
proper authority, or before they have been published
officially; or
4. Any person who shall print, publish, or distribute or
cause to be printed, published, or distributed books,
pamphlets, periodicals, or leaflets which do not bear
the real printer's name, or which are classified as
anonymous.
- The penalty of arresto menor or a fine
not exceeding P200 pesos shall be
imposed upon:
1. Any person who within any town or
public place, shall discharge any
firearm, rocket, firecracker, or other
explosives calculated to cause alarm
or danger;
2. Any person who shall instigate or take
an active part in any charivari or
other disorderly meeting offensive to
another or prejudicial to public
tranquility;
3. Any person who, while wandering
about at night or while engaged in
any other nocturnal amusements,
shall disturb the public peace; or
4. Any person who, while intoxicated or
otherwise, shall cause any
disturbance or scandal in public
places, provided that the
circumstances of the case shall not
make the provisions of Article 153
applicable.
- The penalty of arresto
mayor in its maximum
period of prision
correccional in its minimum
period shall be imposed
upon any person who shall
remove from any jail or
penal establishment any
person confined therein or
shall help the escape of
such person, by means of
violence, intimidation, or
bribery. If other means are
used, the penalty of arresto
mayor shall be imposed.
If the escape of the prisoner
shall take place outside of
said establishments by
taking the guards by
surprise, the same penalties
shall be imposed in their
minimum period.
Elements TUMULTS AND OTHER DISTURBANCES:
1. Causing any serious disturbance in a public place, office
or establishment;
2. Interrupting or disturbing public performances, functions,
gatherings or peaceful meetings, if the act is not
included in Art 131 and 132 (Public Officers interrupting
peaceful meetings or religious worship);
3. Making any outcry tending to incite rebellion or sedition
in any meeting, association or public place;
4. Displaying placards or emblems which provoke a
disturbance of public order in such place;
5. Burying with pomp the body of a person who has been
legally executed.


ACTS PUNISHABLE:
1. Publishing or causing to be published, by means of
printing, lithography or any other means of publication as
news any false news that may endanger the public
order, or cause damage to the interest or credit of the
State.
2. Encouraging disobedience to the law or to the
constituted authorities or by praising, justifying or
extolling any act punished by law, by the same means or
by words, utterances or speeches.
3. Maliciously publishing or causing to be published any
official resolution or document without proper authority,
or before they have been published officially.
4. Printing, publishing or distributing or (causing the same)
books, pamphlets, periodicals or leaflets which do not
bear the real printers name, or which are classified as
anonymous.
ACTS PUNISHABLE:
1. Discharging any firearm, rocket,
firecracker, or other explosive within
any town or public place, calculated
to cause alarm or danger.
2. Instigating or taking active part in any
charivari or other disorderly meeting
offensive to another or prejudicial to
public tranquility.
3. Disturbing the public peace while
wandering about at night or while
engaged in any other nocturnal
amusement.
4. Causing any disturbance or scandal
in public places while intoxicated or
otherwise, provided the act is not
covered by Art 153 (tumult).
1. That there is a person
confined in a jail or
penal establishment;
2. That the offender
removes therefrom
such person, or helps
the escape of such
person
Penalties a.mayor in med to PC in min & a fine not exceeding P1000 (Penalty
next higher in degree if disturbance or interruption is tumultuous in
character)

A.mayor- if outcry tends to incite sedition and rebellion

A.menor & fine not to exceed P200 pomp burial of an executed
person
A.Mayor & a fine ranging from P200 to
P1000
A.Menor and a fine not exceeding
P200
A.Mayor in max to PC in min: if thru the
means of violence, intimidation or bribery

A.mayor: other means are used

A.mayor in min: if escape outside
establishment by taking guards by surprise
Notes 1. The serious disturbance must be intended or planned
2. If the act of disturbing or interrupting a meeting or religious
ceremony is not committed by public officers, or if committed by
public officers who are participants therein, this article applies. Art
131 and 132 punishes the same acts if committed by public
officers who are not participants in the meeting.
3. The outcry is merely a public disorder if it is an unconscious
outburst which, although rebellious or seditious in nature, is not
intentionally calculated to induce others to commit rebellion or
sedition, otherwise, it is inciting to rebellion or sedition.
a. An outcry shout in subversive or provocative words tending
to stir up the people to obtain by means or force or violence
any of the objects of rebellion or sedition.
4. Qualifying circumstance if it is TUMULTUOUS-(it is tumultuous if
caused by more than three persons who are armed or provided
with means of violence)

Inciting to sedition Distinguished from public Disorder
INCITING TO SEDITION OR
REBELLION
PUBLIC DISORDER
Outcry is done with the idea
aforethought of inducing
hearers and readers to commit
the crime of rebellion or
sedition
Outcry is an unconscious
outburst and not intentionally
calculated to induce others to
commit rebellion or sedition

1. Actual public disorder or actual
damage to the credit of the State is
not necessary, the mere possibility of
causing such danger or damage
sufficient.
2. The offender must know that the
news is false
3. Art 154 not applicable when there is
no possibility of danger to the public
order or damage to the interest or
credit of the State

1. Charivari is a mock serenade or
discordant noises made with
kettles, tin horns etc., designed to
deride, insult or annoy.
2. Firearm must not be pointed at a
person, otherwise, it is illegal
discharge of firearm (Art. 254).
3. What governs is the result, not the
intent of the offender. The act
must produce alarm or danger as
a consequence.
4. Disturbance of serious matter falls
under Art 153
5. The article does not make
distinction as to the particular
place in town or public place
where the discharge of firearm,
rocket, etc is effected
6. Discharge of rockets or
firecrackers during festive
occasion is not included in this
article.
1. Prisoner may be detention prisoner or
one sentenced by virtue of a final
judgment.
2. Hospital or asylum considered a jail
extention
3. Escapee, if already serving final
judgment, will in turn be held liable for
evasion of sentence (Art. 157).
4. If merely detention prisoner he is not
criminally liable.
5. The offender is an outsider to the jail. If
the offender is a public officer or a
private person who has custody of the
prisoner and who helps a prisoner under
his custody, Arts. 223 (infidelity in the
custody of a prisoner) and 225 (escape
of prisoner under custody of private
person) will apply, respectively.
6. This felony may also be committed
through imprudence or negligence.
7. Circumstance qualifying: use of
violence, intimidation or bribery.
8. Mitigating circumstance: if it takes
place outside the penal establishment
by taking the guards by surprise.








Chapter Six
EVASION OF SERVICE OF SENTENCE
Crime Article 157.
Evasion of service of sentence. -
Article 158.
Evasion of service of sentence on the occasion of disorder, conflagrations,
earthquakes, or other calamities. -
Article 159.
Other cases of evasion of service of sentence.
The penalty of prision correccional in its medium and
maximum periods shall be imposed upon any convict who
shall evade service of his sentence by escaping during the
term of his imprisonment by reason of final judgment.
However, if such evasion or escape shall have taken place by
means of unlawful entry, by breaking doors, windows, gates,
walls, roofs, or floors, or by using picklocks, false keys, deceit,
violence or intimidation, or through connivance with other
convicts or employees of the penal institution, the penalty
shall be prision correccional in its maximum period.
A convict who shall evade the service of his sentence, by leaving the
penal institution where he shall have been confined, on the occasion of disorder
resulting from a conflagration, earthquake, explosion, or similar catastrophe, or during
a mutiny in which he has not participated, shall suffer an increase of one-fifth of the
time still remaining to be served under the original sentence, which in no case shall
exceed six months, if he shall fail to give himself up to the authorities within forty-eight
hours following the issuance of a proclamation by the Chief Executive announcing the
passing away of such calamity.
Convicts who, under the circumstances mentioned in the preceding
paragraph, shall give themselves up to the authorities within the above mentioned
period of 48 hours, shall be entitled to the deduction provided in Article 98.
- The penalty of prision correccional in its
minimum period shall be imposed upon the
convict who, having been granted conditional
pardon by the Chief Executive, shall violate any
of the conditions of such pardon. However, if the
penalty remitted by the granting of such pardon
be higher than six years, the convict shall then
suffer the unexpired portion of his original
sentence.

Elements 1. That the offender is a convict by final judgment;
2. That he is serving his sentence which consists in
deprivation of liberty (destierro included); and
3. That he evades the service of his sentence by
escaping during the term of his sentence.

Circumstances qualifying the offense:
The evasion of sentence was done through:
o unlawful entry (by scaling or climbing the wall,
from the word escalamiento);
o breaking doors, windows, gates, walls, roofs or
floors;
o using picklocks, false keys, disguise, deceit, violence
or intimidation; or
o connivance with other convicts or employees of
the penal institution.
1. That the offender is a convict by final judgment who is confined in a penal
institution.
2. That there is disorder, resulting from:
a. conflagration,
b. earthquake,
c. explosion,
d. similar catastrophe, or
e. mutiny in which he has not participated;
3. That the offender evades the service of his sentence by leaving the penal
institution where he is confined, on the occasion of such disorder or during the
mutiny; and
4. That the offender fails to give himself up to the authorities within 48 hours
following the issuance of a proclamation by the Chief Executive announcing
the passing away of such calamity.
1. That the offender was a convict;
2. That he was granted a conditional pardon
by the chief executive; and
3. That he violated any of the conditions of
such pardon.

Conditional pardon: a contract b/n the chief
Executive, who grants the pardon, and the
convict, who accepts it.
Penalties PC in med & max: escape during term of imprisonment

PC in max: if w/ qualifying circumstances
Increase of 1/5 of the time still remaining to be served under the original sentence but
shall not exceed six months.
Deduction provided in art 98 if convict gives himself up in 48 hrs.
PC in min if the penalty remitted does not
exceed 6 years.

Unexpired portion of original sentence if the
penalty remitted is higher than 6 years.
Notes 1. This is a continuing offense.
2. This can be committed only by a convict by final
judgment
3. This article does not apply to minor delinquents, detention
prisoners, or deportees.
4. If the offender escaped within the 15-day appeal period,
crime is not evasion because judgment is not yet final.
5. Escape: flee from; to avoid; to get out of the way, as to
flee to avoid arrest.

1. Offender must be convict by final judgment
2. What is penalized in this article is not the leaving but the failure to give himself up
to authorities w/n 48 hrs after the proclamation of the passing away of the
calamity.
3. The special allowance for loyalty (i.e. deduction of sentence) authorized by
Articles 98 and 158(2nd paragraph) refers to those convicts, who having evaded
the service of their sentences by leaving the penal institution, give themselves up
within 48 hours.
4. A mutiny is an organized unlawful resistance to a superior officer, a sedition, or a
revolt. Disarming the guards is not mutiny
1. Offender must have been found guilty of the
subsequent offense (through w/c he
violated his conditional pardon) before he
can be prosecuted under this Article. But
under the Revised Admin. Code, no
conviction is necessary. President has the
power to arrest, and reincarcerate offender
without trial.
2. When the penalty remitted is destierro,
under no circumstance may the penalty for
the violation of conditional pardon be
destierro.
Chapter Seven
COMMISSION OF ANOTHER CRIME DURING SERVICE OF PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE



















160
COMMISSION OF ANOTHER
CRIME DURING SERVICE OF
PENALTY IMPOSED FOR
ANTOHER PREVIOUS OFFENSE
- Besides the provisions of Rule 5 of Article 62,
any person who shall commit a felony after
having been convicted by final judgment,
before beginning to serve such sentence, or
while serving the same, shall be punished by the
maximum period of the penalty prescribed by
law for the new felony.
Any convict of the class referred to in this article,
who is not a habitual criminal, shall be
pardoned at the age of seventy years if he shall
have already served out his original sentence,
or when he shall complete it after reaching the
said age, unless by reason of his conduct or
other circumstances he shall not be worthy of
such clemency.

This article provides for
quasi-recidivism

ELEMENTS:

1. That the offender was
already convicted by
final judgment of one
offense; and
2. That he committed a
new felony before
beginning to serve
such sentence or
while serving the
same.

Quasi-recidivism is a special
aggravating circumstance
where a person, after
having been convicted by
final judgment, shall commit
a new felony before
beginning to serve such
sentence, or while serving
the same.

Besides provisions of Rule 5 of
Article 62, maximum period of
penalty prescribed by law for the
new felony.

1. Second crime must belong to
the RPC, not special laws. First
crime may be either from the
RPC or special laws.
2. The aggravating
circumstance of reiteracion,
on the other hand, requires
that the offender shall have
served out his sentence for
the prior offense.
3. As a general Rule: A quasi-
recidivist may be pardoned at
age 70 Except if unworthy,
or habitual delinquent
4. If new felony is evasion of
sentence, offender is not a
quasi-recidivist.
5. The penalty: maximum period
of the penalty for the new
felony should be imposed.
Mitigating circumstance can
only be appreciated if the
maximum penalty is divisible.
6. Quasi-Recidivism may be
offset by a special privileged
mitigating circumstance. (Ex.
Minority)
Title Four
CRIMES AGAINST PUBLIC INTEREST
Chapter One
FORGERIES
Section One. - Forging the seal of the Government of the Philippine Islands, the signature or stamp of the Chief Executive.
Crime Article 161.
Counterfeiting the great seal of the Government of the Philippine Islands, forging the signature
or stamp of the Chief Executive.
Article 162.
Using forged signature or counterfeit seal or stamp.
- The penalty of reclusion temporal shall be imposed upon any person who shall forge the Great
Seal of the Government of the Philippine Islands or the signature or stamp of the Chief Executive.
- The penalty of prision mayor shall be imposed upon any person who shall knowingly make use of
the counterfeit seal or forged signature or stamp mentioned in the preceding article.

Elements ACTS PUNISHABLE:

1. Forging the great seal of the Government;
2. Forging the signature of the President; or
3. Forging the stamp of the President.

1. That the great seal of the Republic was counterfeited or the signature or stamp of the chief
executive was forged by another person;
2. That the offender knew of the counterfeiting or forgery; and
3. That he used the counterfeit seal or forged signature or stamp.
Penalties RT P Mayor
Notes When the signature of the President is forged, it is not falsification but forging of
signature under this article.
The president has custody and use of the great seal.


: Offender is NOT the forger or the cause of the counterfeiting
















Section Two. - Counterfeiting Coins
Crime Article 163. Making and importing and uttering false coins. Article 164. Mutilation of coins;
Importation and utterance of
mutilated coins
Article 165. Selling of false or mutilated coin, without
connivance
- Any person who makes, imports, or utters, false coins, in connivance with
counterfeiters, or importers, shall suffer:
1. Prision mayor in its minimum and medium periods and a fine not to exceed P10,000
pesos, if the counterfeited coin be silver coin of the Philippines or coin of the
Central Bank of the Philippines of ten centavo denomination or above.
2. Prision correccional in its minimum and medium periods and a fine of not to
exceed P2,000 pesos, if the counterfeited coins be any of the minor coinage of the
Philippines or of the Central Bank of the Philippines below ten-centavo
denomination.
3. Prision correccional in its minimum period and a fine not to exceed P1,000 pesos, if
the counterfeited coin be currency of a foreign country. (As amended by R.A. No.
4202, approved June 19, 1965).
. - The penalty of prision correccional in its
minimum period and a fine not to
exceed P2,000 pesos shall be imposed
upon any person who shall mutilate coins
of the legal currency of the United States or
of the Philippine Islands or import or utter
mutilated current coins, or in connivance
with mutilators or importers.

. - The person who knowingly, although without the connivance
mentioned in the preceding articles, shall possess false or
mutilated coin with intent to utter the same, or shall actually utter
such coin, shall suffer a penalty lower by one degree than that
prescribed in said articles.

Elements 1. That there be false or counterfeited coins (need not be legal tender);
2. That the offender either made, imported or uttered such coins; and
3. That, in case of uttering such false or counterfeited coins, he connives with
counterfeiters or importers.

Counterfeiting: means the imitation of a legal or genuine coin; there must be an
imitation of the peculiar design of a genuine coin

Utter: means to pass counterfeited coins, includes their delivery or act of giving them
away
This has been repealed by PD 247.
ACTS PUNISHABLE (PD 247):
(1) willful defacement
(2) mutilation
(3) tearing
(4) burning
(5) destruction of Central Bank notes
and coins
ACTS PUNISHABLE:
1. Possession of a coin, counterfeited or mutilated by
another person, with intent to utter the same, knowing
that it is false or mutilated.
ELEMENTS:
1. possession
2. with intent to utter, and
3. knowledge
2. Actually uttering such false or mutilated coin, knowing the
same to be false or mutilated.
ELEMENTS:
1. actually uttering, and
2. knowledge
Penalties PM in min & med & fine not to exceed P10,000: if silver coin of Phil or coin of CB,
10 cent or above.

PC in min & med & a fine not to exceed P2,000 pesos: if minor coinage of the Phil
or of the CB below 10 cent

PC in min & and a fine not to exceed P1,000 currency of a foreign country.
Penalty lower by one degree than that prescribed in said
articles.
Notes 1. A coin is counterfeit, if it is forged, or if it is not authorized by the government
as legal tender, regardless if it is of intrinsic value.
2. Counterfeiting is the imitation of legal or genuine coin such as to deceive an
ordinary person in believing it to be genuine.
3. To utter is to pass counterfeited coins, deliver or give away.
4. To import is to bring them into port.
5. Importation is complete even before entry at the Customs House.
6. This article also applies to Philippine coins, foreign state coins, and coins
withdrawn from circulation. This does not require that the coins counterfeited
be legal tender.

1. Mutilation is to take off part of
the metal either by filing it or
substituting it for another metal
of inferior quality, to diminish by
ingenious means the metal in
the coin.
2. Foreign notes and coins not
included under this article.
Mutilation must be of Philippine
legal tender.
3. There must be intention to
mutilate
1. Possession or uttering does not require that coins be
legal tender.
2. Crime under this article includes constructive
possession or the subjection of the thing to ones
control.
3. R.A. 427 punishes possession of silver or nickel coins
in excess of P50.00. It is a measure of national policy
to protect the people from the conspiracy of those
hoarding silver or nickel coins and to preserve and
maintain the economy.

Section Three. - Forging treasury or bank notes, obligations and securities; importing and uttering false or forged notes, obligations and securities.
Crime 166.
FORGING TREASURY OR BANK NOTES or other documents payable to the bearer

167.
counterfeitinginstrum
ents not payable to
bearer
168.
illegal possession and
use of false treasury or
bank notes
and other instruments
of credit
Article 169.
How forgery is
committed.
- The forging or falsification of treasury or bank notes or certificates or other obligations and securities payable to bearer
and the importation and uttering in connivance with forgers or importers of such false or forged obligations or notes, shall
be punished as follows:
1. By reclusion temporal in its minimum period and a fine not to exceed P10,000 pesos, if the document which has been
falsified, counterfeited, or altered, is an obligations or security of the United States or of the Philippines Islands.
The word "obligation or security of the United States or of the Philippine Islands" shall be held to mean all bonds,
certificates of indebtedness, national bank notes, fractional notes, certificates of deposit, bills, checks, or drafts for
money, drawn by or upon authorized officers of the United States or of the Philippine Islands, and other
representatives of value, of whatever denomination, which have been or may be issued under any act of the
Congress of the United States or of the Philippine Legislature.
2. By prision mayor in its maximum period and a fine not to exceed P5,000 pesos, if the falsified or altered document is a
circulating note issued by any banking association duly authorized by law to issue the same.
3. By prision mayor in its medium period and a fine not to exceed P5,000 pesos, if the falsified or counterfeited
document was issued by a foreign government.
4. By prision mayor in its minimum period and a fine not to exceed P2,000 pesos, when the forged or altered document
is a circulating note or bill issued by a foreign bank duly authorized therefor.

Counterfeiting,
importing and uttering
instruments not
payable to bearer. -
Any person who shall
forge, import or utter, in
connivance with the
forgers or importers,
any instrument payable
to order or other
document of credit not
payable to bearer, shall
suffer the penalties of
prision correccional in
its medium and
maximum periods and
a fine not
exceeding P6,000
pesos.
- Unless the act be one
of those coming under
the provisions of any of
the preceding articles,
any person who shall
knowingly use or have
in his possession, with
intent to use any of the
false or falsified
instruments referred to
in this section, shall
suffer the penalty next
lower in degree than
that prescribed in said
articles.
- The forgery referred to in
this section may be
committed by any of the
following means:
1. By giving to a treasury
or bank note or any
instrument, payable to
bearer or order
mentioned therein, the
appearance of a true
genuine document.
2. By erasing, substituting,
counterfeiting or altering
by any means the figures,
letters, words or signs
contained therein.

Elements ACTS PUNISHABLE:
1. Forging or falsification of treasury or bank notes or documents payable to
bearer;
2. Importing of such notes; or
3. Uttering of such false or forged obligations and notes in connivance with
forgers and importers.


1. That there be an instrument payable
to order or other document of credit
not payable to bearer;
2. That the offender either forged,
imported or uttered such instruments;
and
3. That in case of uttering, he connived
with the forger or importer.

1. That any treasury or bank note or certificate or other obligation
and security payable to bearer, or any instrument payable to
order or other document of credit not payable to bearer is
forged or falsified by another person;
2. That the offender knows that any of those instruments is forged
or falsified; and
3. That he performs any of these acts:
a. using any of such forged or falsified instruments, or
b. possessing with intent to use any of such forged or
falsified instruments.


Penalties RT in min & a fine not to exceed P10,000: obligations or security of Phil.

PM in max & a fine not to exceed P5,000: circulating note issued by any banking
assoc. authorized by law

PM in med & a fine not to exceed P5,000: issued by foreign govt.

PM in min & a fine not to exceed P2,000: circulating note or bill issued by a
foreign bank duly authorized therefore.
PC in med & max & a fine not to exceed
P6000
Penalty next lower in degree than that prescribed in said articles.
166.
FORGING TREASURY OR BANK NOTES or other documents payable to the bearer

167.
counterfeitinginstrum
ents not payable to
bearer
168.
illegal possession and
use of false treasury or
bank notes
and other instruments
of credit
Article 169.
How forgery is
committed.
Notes 1. Uttering forged bill must be w/ connivance to constitute violation of Art 166
2. Forging PNB checks is not included under this article. That is falsification of commercial document under Article 172.

Importation- bringing them to the Phil which presupposes that the obligations or notes are forged in another country

Uttering- offering obligations or notes knowing them to be forged, whether offers are accepted or not w/ a
representation by words or actions that they are genuine, with an intent to defraud

Forging is committed by giving a treasury or bank note or document payable to bearer or order an appearance of a true
and genuine document.

Falsification is committed by erasing, substituting, counterfeiting or altering by any means the figures and letters, words,
signs contained therein. Example: falsifying lotto or sweepstakes ticket constitutes the complex crime of attempted estafa
through falsification of a government security.
Obligation or security includes bonds, certificate of indebtedness, bills, national bank notes, coupons, treasury notes,
certificates of deposit, checks, drafts for money, and sweepstakes money.




Falsification and Forgery Distinguished
Forgery Falsification
This is the falsification and
counterfeiting of treasury or bank
notes or any instruments payable
to bearer or to order
This is the commission of any of
the eight acts mentioned in Art
171 on legislative, public or
official, commercial, or private
documents, or wireless, or
telegraph messages.
Both are crimes under FORGERIES
1. The instrument is
payable to order
where it is drawn
payable to the
order of a
specified person or
to him or to his
order. It is
negotiated by
endorsement and
delivery.
2. Forgery of
currency is
punished so as to
maintain the
integrity of the
currency and thus
insure the credit
standing of the
govt. and to
prevent the
imposition on the
public and the
government of
worthless notes or
obligations.
3. Connivance is not
required in uttering
if the utterer is the
forger.
1. Intent to possess is
not intent to use
2. The act sought to
be punished is
knowingly
possessing with
intent to use any of
such forged
treasury or bank
notes.
3. Accused must
have knowledge
of forged
character of the
note.
4. The accused has
the burden to give
a satisfactory
explanation of his
possession of
forged bills. Mere
possession of false
money bill, without
intent to use it to
the damage of
another, is not a
crime.
5. A person in
possession of
falsified document
and who makes
use of the same is
presumed to be
material author of
falsification.
HOW FORGERY IS
COMMITTED (ART 169)
1. by giving to a
treasury or bank
note or any
instrument payable
to bearer or to
order, the
appearance of a
true and genuine
document;
2. by erasing,
substituting,
counterfeiting,
altering by any
means the figures,
letters or words, or
signs contained
therein.
Notes:
Forgery includes
falsification and
counterfeiting.
If all acts are
done but
genuine
appearance is
not given, the
crime is
frustrated.
P.D. No. 247
punishes the
willful
defacement,
mutilation,
tearing, burning,
or destruction in
any manner of
currency notes
or coins issued
by the Central
Bank of the
Philippines.


Section Four.
FALSIFICATION OF LEGISLATIVE, PUBLIC, COMMERCIAL, AND PRIVATE DOCUMENTS, AND WIRELESS, TELEGRAPH, AND TELEPHONE MESSAGE.
Crime 170.
FALSIFICATION OF
LEGISLATIVE
DOCUMENTS
171.
FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTICAL
MINISTER

172.
FALSIFICATION BY PRIVATE INDIVIDUALS AND USE OF
FALSIFIED INSTRUMENTS
173.
FALSIFICATION OF WIRELESS,
CABLE, TELEGRAPH, AND TEL.
MESSAGES, & USE OF SAID
FALSIFIED MESSAGES

- The penalty of
prision
correccional in its
maximum period
and a fine not
exceeding P6,000
pesos shall be
imposed upon
any person who,
without proper
authority therefor
alters any bill,
resolution, or
ordinance
enacted or
approved or
pending
approval by
either House of
the Legislature or
any provincial
board or
municipal
council.
- The penalty of prision mayor and a fine not to exceed P5,000 pesos shall be
imposed upon any public officer, employee, or notary who, taking advantage of his
official position, shall falsify a document by committing any of the following acts:
1. Counterfeiting or imitating any handwriting, signature or rubric;
2. Causing it to appear that persons have participated in any act or proceeding
when they did not in fact so participate;
3. Attributing to persons who have participated in an act or proceeding
statements other than those in fact made by them;
4. Making untruthful statements in a narration of facts;
5. Altering true dates;
6. Making any alteration or intercalation in a genuine document which changes its
meaning;
7. Issuing in an authenticated form a document purporting to be a copy of an
original document when no such original exists, or including in such a copy a
statement contrary to, or different from, that of the genuine original; or
8. Intercalating any instrument or note relative to the issuance thereof in a
protocol, registry, or official book.
The same penalty shall be imposed upon any ecclesiastical minister who shall
commit any of the offenses enumerated in the preceding paragraphs of this article,
with respect to any record or document of such character that its falsification may
affect the civil status of persons.
- The penalty of prision correccional in its medium and
maximum periods and a fine of not more than P5,000 pesos
shall be imposed upon:
1. Any private individual who shall commit any of the
falsifications enumerated in the next preceding article in
any public or official document or letter of exchange or
any other kind of commercial document; and
2. Any person who, to the damage of a third party, or with
the intent to cause such damage, shall in any private
document commit any of the acts of falsification
enumerated in the next preceding article.
Any person who shall knowingly introduce in evidence in any
judicial proceeding or to the damage of another or who,
with the intent to cause such damage, shall use any of the
false documents embraced in the next preceding article, or
in any of the foregoing subdivisions of this article, shall be
punished by the penalty next lower in degree.
- The penalty of prision
correccional in its medium
and maximum periods shall be
imposed upon officer or
employee of the Government
or of any private corporation
or concern engaged in the
service of sending or receiving
wireless, cable or telephone
message who utters a fictitious
wireless, telegraph or
telephone message of any
system or falsifies the same.
Any person who shall use such
falsified dispatch to the
prejudice of a third party or
with the intent of cause such
prejudice, shall suffer the
penalty next lower in degree.

Elements 1. That there
be a bill,
resolution,
or ordinance
enacted or
approved or
pending
approval by
Congress or
any
provincial
board or
municipal
council;
2. That the
offender
(any person)
alters the
same;
1. That the offender is a public officer, employee, or notary public.
2. That he takes advantage of his official position.
1. He has the duty to make or to prepare or otherwise to intervene
in the preparation of the document; or
2. He has the official custody of the document which he falsifies
3. That he falsifies a document by committing any of the following acts:
1. Counterfeiting or imitating any handwriting, signature or rubric.
i. That there be an intent to imitate, or an attempt to imitate;
and
ii. That the two signatures or handwritings, the genuine and the
forged, bear some resemblance, to each other.
2. Causing it to appear that persons have participated in any act or
proceeding when they did not in fact so participate
i. That the offender caused it to appear in a document that a
person or persons participated in an act or a proceeding
ii. That such person did not in fact participate in the act or
proceeding
3. Attributing to persons who have participated in an act or
proceeding statements other than those in fact made by them.
Acts Punishable and their elements:
1. Falsification of public, official, or commercial
document by a private individual (par 1):
a. That the offender is a private individual or a public
officer or employee who did not take advantage of his
official position;
b. That he committed any of the acts of falsification
enumerated in ART. 171;
c. That the falsification was committed in any public or
official or commercial document.
2. Falsification of private documents:
a. That the offender committed any of the acts of
falsification, except those in paragraph 7 and 8,
enumerated in art. 171;
b. That the falsification was committed in any
private document; and
c. That the falsification caused damage to a third
party or at least the falsification was committed
with intent to cause such damage
ACTS PUNISHABLE:
1. Uttering fictitious,
wireless, telegraph or
telephone message
a. That the offender is an
officer or employee of
the government or an
officer or employee of a
private corporation,
engaged in the service
of sending or receiving
wireless, cable or
telephone message; and
b. That the accused
commits any of the
following acts:
uttering fictitious
wireless, cable,
telegraph, or telephone
3. That he has
no proper
authority
therefor;
and
4. That the
alteration
has changed
the meaning
of the
document.
i. That a person or persons participated in an act or a
proceeding
ii. That such person or persons made statements in that act
or proceeding; and
iii. That the offender, in making a document, attributed to
such person or persons statements other than those in fact
made by such person or persons
4. Making untruthful statements in a narration of facts.
a) That the offender makes in a document statements in a
narration of facts
b) That he has a legal obligation to disclose the truth of the
facts narrated by him
c) That the facts narrated by the offender are absolutely false;
d) That the perversion of truth in the narration of facts was
made with the wrongful intent of injuring a third person
5. Altering true dates.
6. Making any alteration or intercalation in a genuine document
which changes its meaning.
i. That there be an alteration (change) or intercalation
(insertion) on a document
ii. That it was made on a genuine document
iii. That the alteration or intercalation has changed the
meaning of a document
iv. That the change made the document speak something false
7. Issuing in authenticated form a document purporting to be a copy
of an original document when no such original exists, or including
in such copy a statement contrary to, or different from, that of the
genuine original.
8. Intercalating any instrument or note relative to the issuance
thereof in a protocol, registry or official book.
4. In case the offender is an ecclesiastical minister, the act of falsification is
committed with respect to any record or document of such character that
its falsification may affect the civil status of persons.
3. Elements of use of falsified document (par. 3):
Introducing in a judicial proceeding
1. That the offender knew that a document was
falsified by another person.
2. That the false document is embraced in art.
171 or in any subdivisions nos. 1 and 2 of
art. 172.
3. That he introduced said document in
evidence in any judicial proceeding.
Use in any other transaction
a. That the offender knew that a
document was falsified by another
person.
b. That the false document is
embraced in art. 171 or in any of
subdivision nos. 1 and 2 of art. 172.
c. That he used such documents (not
in judicial proceedings).
d. That the use of the documents
caused damage to another or at
least was used with intent to cause
such damage.

Falsification of public documents distinguished from public
official documents
FALSIFICATION OF
PRIVATE
DOCUMENTS
FALSIFICATION OF
PUBLIC/ OFFICIAL
DOCUMENTS
Damage to third
party
is an element of the
offense.

Damage to third persons is
immaterial;
what is punished is the
violation of public faith and
perversion of truth which the
document proclaims.
message, or
falsifying wireless, cable,
telegraph, or telephone
message

2. Falsifying wireless,
telegraph or telephone
message
Same as above

3. Using such falsified
message.
a. That the accused
knew that wireless,
cable, telegraph, or
telephone message
was falsified by any
of the person
specified in the first
paragraph of art.
173;
b. That the accused
used such falsified
dispatch; and
c. That the use of the
falsified dispatch
resulted in the
prejudice of a third
party, or that the use
thereof was with
intent to cause such
prejudice.
Penalties PC in max and a
fine not to
exceed P6000
PM & a fine not to exceed P5,000

Same penalty for ecclesiastical minister
PC in med & max & a fine of not more than P5000 PC in med & max
falsification

Penalty next lower in degree
use of such falsified
dispatch
Notes 1. Accused must
not be a
public official
entrusted
with the
custody or
possession of
such
document,
otherwise
Art. 171
applies.
1. Par 1
a) COUNTERFEITING there is an original signature or
handwriting which is imitated.
b) IMITATING (feigning)- there is no original signature,
handwriting or rubric but a forgery of a signature,
handwriting or rubric that does not exist.
Lack of similitude/imitation of a genuine signature will
not be a ground for conviction under par. 1 but such is
not an impediment to conviction under par. 2.
2. Par 2 when committed by a private individual, Art 172
shall apply
3. For par 4
Par 1
1. damage is not essential, it is presumed.
2. Lack of malice or criminal intent may be put up as a defense under
this article.
3. Kinds of documents
a. Official documents: issued by public official in the exercise of his
office
b. Private document: deed or instrument executed by a private
person w/o the intervention of notary public or other person
legally authorized by w/c document some disposition or agreement
is proved, evidenced or set forth.
c. Commercial documents: warehouse receipts, airway bills, bank
1. A private individual may
be a principal by
inducement but not
direct participation
2. The public officer, to be
liable, must be engaged
in the service of sending
or receiving wireless,
cable and telegraph or
telephone message.
3. Act No. 1851, Sec. 4,
punishes private
2. Offender is
any person
3. There can be
no
falsification
through
reckless
imprudence
as that will
be
inconsistent
with the
element of
intent to
cause
damage in
said crime.






There must be a narration of facts, not a conclusion of
law. Narration must be on a material matter.
The person making the narration of facts must be aware
of the falsity of the facts narrated by him. This kind of
falsification may be committed by omission.
Legal obligation means that there is a law requiring the
disclosure of the truth of the facts narrated. Ex.
Residence certificates
4. For par 5
Date must be essential
Alteration must affect veracity of document or effects
5. For par 7
if no knowledge, falsification through negligence
6. For par 8
This involves a genuine document
There is no crime of attempted or frustrated falsification
of public document.
If offender does not take advantage of his public
position, he may still be liable for falsification of
documents by a private person under Art. 172.
It is not necessary that what is falsified is a genuine or
real document. It is enough that it gives an appearance
of a genuine article.

checks, cash files, deposit slips and bank statements, journals,
books, ledgers, drafts, letters of credit and other negotiable
instruments.
d. Public document: created, executed, or issued by a public official
in the exigencies of public service, or in execution of which a public
official intervened.
- written official acts or records of acts of the sovereign authority,
official bodies and tribunals, and of the public officers, legislative,
judicial and executive, whether of the Philippines or of a foreign
country;
- Documents acknowledged before notary public except last wills and
testaments;
- Public records, kept in the Philippines, of private documents required
by law to be entered therein.
4. Cash disbursement vouchers or receipts evidencing payments are not
commercial documents.
5. The possessor of falsified document is presumed to be the author of
the falsification.

Par 2
1. It is not necessary that the offender profited or hoped to profit
2. A document falsified as a necessary means to commit another crime
(complex crime) must be public, official or commercial. Hence, there
is no complex crime of estafa through falsification of a private
document because the immediate effect of the latter is the same as
that of estafa.
3. There is no falsification through reckless imprudence if the document
is private and no actual damage is caused.
4. If the estafa was already consummated at the time the falsification of
a private document was committed for the purpose of concealing the
estafa, the falsification is not punishable.
5. As regards the falsification of the private document, there was no
damage or intent to cause damage.
6. A private document may acquire the character of a public document
when it becomes part of an official record and is certified by a public
officer duly authorized by law.
7. The crime is falsification of public documents even if the falsification
took place before the private document became part of the public
records.
Par 3
1. Damage not necessary in crime of introducing judicial proceedings;
intent to cause damage, at least is required in use of falsified
document in proceeding not judicial
2. The user of the falsified document is deemed the author of the
falsification, if:
a. The use was so closely connected in time with the
falsification, and
b. The user had the capacity of falsifying the document.
individuals who forge or
alter telegram.





Section Five. - Falsification of medical certificates, certificates of merit or services and the like.

Section Six. - Manufacturing, importing and possession of
instruments or implements intended for the commission of
falsification.
Crime 174
false medical certificates, false certificates of merit or
service, etc
175
using false crtfcates

176
mnftg &
possession of
implmnts for flsification
- The penalties of arresto mayorin its maximum period to
prision correccional in its minimum period and a fine not
to exceed P1,000 pesos shall be imposed upon:
1. Any physician or surgeon who, in
connection, with the practice of his profession,
shall issue a false certificate; and
2. Any public officer who shall issue a false
certificate of merit of service, good conduct or
similar circumstances.
The penalty of arresto mayor shall be imposed upon any
private person who shall falsify a certificate falling within
the classes mentioned in the two preceding
subdivisions.

- The penalty of arresto menor shall be imposed upon any one
who shall knowingly use any of the false certificates mentioned
in the next preceding article.
- The penalty of prison correctional in its medium and maximum
periods and a fine not to exceed P10,000 pesos shall be imposed
upon any person who shall make or introduce into the Philippine
Islands any stamps, dies, marks, or other instruments or implements
intended to be used in the commission of the offenses of
counterfeiting or falsification mentioned in the preceding sections
of this Chapter. Any person who, with the intention of using them,
shall have in his possession any of the instruments or implements
mentioned in the preceding paragraphs, shall suffer the penalty
next lower in degree than that provided therein.
Elements PERSONS LIABLE:
1. Physician or surgeon who, in connection with the
practice of his profession, issued a false certificate
which refers to the illness or injury of a person. Crime
is False Medical Certificate by a physician.
2. Public officer who issued a false certificate of merit
of service, good conduct or similar circumstances.
Ex. Certificate of residence. Crime is False Medical
Certificate by a public servant.
3. Private individual who falsified a certificate under
(1) and (2). Crime is False Medical Certificate by a
private individual.
1. That a physician or surgeon has issued a false medical
certificate, or a public officer has issued a false certificate of
merit or service, good conduct, or similar circumstances, or a
private person had falsified any of said certificates;
2. That the offender knew that the certificate was false; and
3. That he used the same.

ACTS PUNISHABLE:

1. Making or introducing into the Philippines any
stamps, dies or marks or other instruments or
implements for counterfeiting or falsification.
2. Possessing with intent to use the instruments or
implements for counterfeiting or falsification made
in or introduced into the Philippines by another
person

Penalties 1-2: A.Mayor in max to PC in min & a fine not to exceed
P1000
3: A.Mayor
A.Menor PC in med & max & a fine not to exceed P10,000
Penalty next lower in degree
Notes Certificate is any writing by which testimony is
given that a fact has or has not taken place.

When any of false certificates mentioned in Article 174 is
used in judicial proceedings, Article 172 does not apply
because it is limited only to those false documents
embraced in Articles 171 and 172.

The implements confiscated need not form a complete set. It is
enough that they may be employed by themselves or together
with other implements to commit the crime of counterfeiting or
falsification.
Constructive possession is also punished.
Article 165 and 176 of the Revised Penal Code, also punish
constructive possession.


Chapter Two
OTHER FALSITIES
Section One. - Usurpation of authority, rank, title, and improper use of names, uniforms and insignia.
Crime 177.
USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS

178
USING FICTITIOUS NAME AND CONCEALING TRUE NAME
179
ILLEGAL USE OF UNIFORMS
OR INSIGNIA

- Any person who shall knowingly and falsely represent
himself to be an officer, agent or representative of any
department or agency of the Philippine Government or of
any foreign government, or who, under pretense of official
position, shall perform any act pertaining to any person in
authority or public officer of the Philippine Government or
any foreign government, or any agency thereof, without
being lawfully entitled to do so, shall suffer the penalty of
prision correccional in its minimum and medium periods.
- The penalty of arresto mayor and a fine not to exceed 500 pesos
shall be imposed upon any person who shall publicly use a fictitious
name for the purpose of concealing a crime, evading the execution
of a judgment or causing damage.
Any person who conceals his true name and other personal
circumstances shall be punished by arresto menor or a fine not to
exceed 200 pesos.
- The penalty of arresto mayor and a fine not to exceed 500 pesos
shall be imposed upon any person who shall publicly use a
fictitious name for the purpose of concealing a crime, evading the
execution of a judgment or causing damage.
Any person who conceals his true name and other personal
circumstances shall be punished by arresto menor or a fine not to
exceed 200 pesos.
Elements ACTS PUNISHABLE:

1) Usurpation of authority: By knowingly and falsely
representing oneself to be an officer, agent or
representative of any department or agency of the
Philippine or any foreign government
The mere act of knowingly and falsely representing
oneself is sufficient. It is not necessary that he
performs an act pertaining to a public officer.
2) Usurpation of official functions: By performing an act
pertaining to any person in authority or public officer of
the Philippines or foreign government under the
pretense of such official position, and without being
lawfully entitled to do so.
it is essential that the offender should have
performed an act pertaining to a person in authority.





Using fictitious name:
1) That the offender uses a name other than his real name;
2) That he uses that fictitious name publicly;
3) That the purpose of the offender is
a. To conceal a crime,
b. To evade the execution of a judgment, or
c. To cause damage to public interest.

Concealing true name:
1) That the offender conceals
a. his true name, and
b. all other personal circumstances; and
2) That the purpose is only to conceal his identity.

Distinction b/n Use of Fictitious Names & Concealing True Name
USE OF FICTITIOUS NAME CONCEALING TRUE NAME
Element of publicity must
be present
Publicity not necessary

Purpose is to conceal a crime, to
evade the execution of a judgment,
or to cause damage to public interest
Purpose is only to conceal identity
1) That the offender makes use of insignia, uniform or dress;
2) That the insignia, uniform or dress pertains to an office not held
by the offender or to a class of persons of which he is not a
member; and
3) That said insignia, uniform or dress is used publicly and
improperly.

Penalties PC in min & med A.Mayor & a fine not to exceed P500 : use of fictitious name

A.Menor & a fine not to exceed P200: conceal of true name
A.Mayor
Notes 1. There must be positive, express and explicit
representation and not merely a failure to deny.
Representation may be shown by acts.
2. A public officer may also be an offender.
3. Note: the usurpation must pertain to a department or
1. Where the person takes the place of another who has been
convicted by final judgment, he is guilty under this article
2. Fictitious name is any name which a person publicly applies to
himself w/o authority of law.
3. C.A. 142 regulates use of aliases
1. An exact imitation of the dress or uniform is unnecessary; a
colorable resemblance calculated to deceive is sufficient
2. The term improperly means that the offender has no right to
use the uniform or insignia.
3. Wearing the uniform of an imaginary office, not punishable
agency of the Philippine Government or any foreign
government.
4. Sec. 1 RA 75 punishes any person who shall falsely
assume and take upon himself to act as a diplomatic,
consular, or any other official of a foreign government
duly accredited as such to the Government of the
Republic of the Philippines with intent to defraud such
foreign government or the Government of the
Philippines; in addition to penalties imposed in RPC, the
offender shall be fined not more than P5,000 or shall be
imprisoned for not more than 5 years or both.
5. If it can be proven that the usurpation of authority or
official functions by accused was done in good faith or
under cloth of authority, then the charge of usurpation
will not apply








C.A. NO. 142 (Anti-Alias Law)

PERSONS LIABLE:
1) Any person who uses any name different from the one w/ w/c he
was registered at birth in the office of the local civil registry, or w/
w/c he was registered in the bureau of immigration upon entry, or
such substitute name as may have been authorized by a
competent court. Exempted from criminal liability are persons
who use another name as a pseudonym solely for literary,
cinema, television, radio, or other entertainment purposes and in
athletic events; and
2) Any person who having been baptized with a name different
from what was registered, or who had obtained judicial authority
for use of an alias, or who uses a pseudonym, represents himself
in any public or private document w/o stating or affixing his real
or original name or aliases or pseudonym he is authorized to use.

NOTES:
A judicial authority must be first secured by a person who
desires to use an alias.
However, a common-law wife does not incur criminal liability
under the Anti-Alias Law if she uses the surname of the man
she has been living w/ for the past 20 years and has been
introducing herself to the public as his wife.

4. Using naval, military, police or other official uniform,
decoration or regalia of foreign State with intent to deceive or
mislead is punished by RA 75 by a fine not exceeding P200 or
imprisonment not exceeding 6 months, or both
5. Wearing insignia, badge or emblem of rank of the members
of the Armed Forces of the Philippine or Constabulary is
punished by RA 493 by a fine of not less than P100 and not
exceeding P2,000 or by imprisonment for not less than one
month or not exceeding two years, or both, except if used in
playhouse or theater or in moving picture films

















Section Two. - FALSE TESTIMONY
Crime 180
FALSE TESTIMONY AGAINST A DEFENDANT

181
False testimony favorable to
the defendants
182
False testimony in civil cases
183
False testimony in other cases and
perjury in solemn affirmation
184
offering false
testimony in evidence.

- Any person who shall give false testimony against the
defendant in any criminal case shall suffer:
1) The penalty of reclusion temporal, if the defendant in
said case shall have been sentenced to death;
2) The penalty of prision mayor, if the defendant shall
have been sentenced to reclusion temporal or
reclusion perpetua;
3) The penalty of prision correccional, if the defendant
shall have been sentenced to any other afflictive
penalty; and
4) The penalty of arresto mayor, if the defendant shall
have been sentenced to a correctional penalty or a
fine, or shall have been acquitted.
In cases provided in subdivisions 3 and 4 of this article the
offender shall further suffer a fine not to exceed 1,000
pesos.
- Any person who shall give false
testimony in favor of the
defendant in a criminal case,
shall suffer the penalties
of arresto mayor in its maximum
period to prision correccional in
its minimum period a fine not to
exceed 1,000 pesos, if the
prosecution is for a felony
punishable by an afflictive
penalty, and the penalty
of arresto mayor in any other
case.
- Any person found guilty of
false testimony in a civil case
shall suffer the penalty of
prision correccional in its
minimum period and a fine
not to exceed 6,000 pesos, if
the amount in controversy
shall exceed 5,000 pesos, and
the penalty of arresto mayor in
its maximum period to prision
correccional in its minimum
period and a fine not to
exceed 1,000 pesos, if the
amount in controversy shall
not exceed said amount or
cannot be estimated.
- The penalty of arresto mayor in its
maximum period to prision correccional in
its minimum period shall be imposed upon
any person, who knowingly makes
untruthful statements and not being
included in the provisions of the next
preceding articles, shall testify under oath,
or make an affidavit, upon any material
matter before a competent person
authorized to administer an oath in cases in
which the law so requires.
Any person who, in case of a solemn
affirmation made in lieu of an oath, shall
commit any of the falsehoods mentioned in
this and the three preceding articles of this
section, shall suffer the respective penalties
provided therein.
- Any person who shall
knowingly offer in
evidence a false witness
or testimony in any
judicial or official
proceeding, shall be
punished as guilty of
false testimony and shall
suffer the respective
penalties provided in this
section.
Elements 1) That there be a Criminal proceeding;
2) Offender testifies falsely under oath against the
defendant therein;
3) Offender knows that it is false; and
4) The defendant against whom the false testimony is
given is either acquitted or convicted in a final
judgment.

FALSE TESTIMONY - committed by a person who, being
under oath and required to testify as to the truth of a
certain matter at a hearing before a competent
authority, shall deny the truth or say something contrary
to it

Nature of Crime of false testimony: particularly odious
when committed in judicial proceedings, as it constitutes
an imposition upon the courts and seriously exposes it to
a miscarriage of justice.

1) That the testimony must
be given in a civil case;
2) That the testimony must
relate to the issues
presented in said case;
3) That the testimony must
be false;
4) That the false testimony
must be given by the
defendant knowing the
same to be false; and
5) That the testimony must
be malicious and given
with an intent to affect
the issues presented in
the said case.




1) That an accused made a statement
under oath or made an affidavit upon
a material matter;
2) That the statement or affidavit was
made before a competent officer,
authorized to receive and administer
oath;
3) That in that statement or affidavit,
the accused made a willful and
deliberate assertion of a falsehood;
and
4) That the sworn statement or affidavit
containing the falsity is required by
law.

Two (2) Ways Of Committing Perjury:
a. by falsely testifying under
oath
b. by making a false statement
(1) That the offender
offered in evidence
a false witness or
false testimony;
(2) That he knew the
witness or the
testimony was
false; and
(3) That the offer was
made in a judicial
or official
proceeding.

Penalties RT if the defendant shall have been sentenced to death

PM defendant is sentenced to RT or RP

A.Mayor: defendant is sentenced to correctional penalty
or fine or acquitted
A.Mayor in max to PC in min &
a fine not to exceed P1000:
prosecution is for a penalty
punishable by an afflictive
penalty

A.Mayor: any other case
PC in min & a fine not to
exceed P6000

A.Mayor in max to PC in min
& a fine not to exceed P1000
A.Mayor in max to PC in min Respective penalties
provided in this section
Notes 1. Violation of this article requires
criminal intent. Hence, it cannot be
committed through negligence.
2. The offender need not impute guilt
upon the accused to be liable.
3. The defendant must at least be
sentenced to a correctional penalty
or a fine, or must have been
acquitted.
4. The witness who gave false
testimony is liable even if the
court did not consider his
testimony.
5. Penalty depends upon sentence
imposed on the defendant except
in the case of a judgement of
acquittal. Since Art. 180 does not
prescribe the penalty where the
defendant in a criminal case is
sentenced to a light penalty, false
testimony in this instance cannot
be punished considering that a
penal must be strictly construed.
1. False testimony by negative
statement is still in favor of
the defendant.
2. False testimony in favor of
defendant need not directly
influence the decision of
acquittal nor benefit the
defendant(intent to favor
defendant sufficient)
3. A statement of mere opinion
is not punishable.
4. Conviction or acquittal is not
necessary (final judgment is
not necessary), but gravity of
crime in principal case should
be shown
5. A defendant who voluntarily
goes up on the witness stand
and falsely imputes to another
person the commission of the
offense is liable under this
article. If he merely denies
the commission of the
offense, he is not liable.
6. Rectification made
spontaneously after realizing
mistake is not false testimony
(Not liable if there is no
evidence that accused acted
with malice or criminal intent
to testify falsely)
7. The penalty in this article is
less than that which is
provided in the preceding
article because there is no
danger to life or liberty of the
defendant.

1. This article is not
applicable when
testimony is given
in a special
proceeding. In
this case, the
crime is perjury.
2. Basis of penalty
depends on the
amount involved
in the civil case.
If it exceeds
P5000 - PC
in min & a
fine not to
exceed
P6000
if the
amount in
controversy
shall not
exceed said
amount or
cannot be
estimated
A.mayor
inmax to PC
in min
1. There must be competent proof of materiality
2. Distinguished:
Material: directed to prove a fact in issue
Relevant: tends in any reasonable degree to establish the
probability or improbability of a fact in issue
Pertinent: concerns collateral matters w/c makes more or
less probable the proposition at issue
3. If the false testimony given by the witness is not important,
essential or material no perjury
4. Subornation of perjury is committed if a person procures
another to swear falsely and the witness suborned does
testify under circumstances rendering him guilty of perjury.
This is now treated as plain perjury, the one inducing
another as principal by inducement and the one induced as
principal by direct participation.
5. Solemn affirmation refers to non-judicial proceedings and
affidavits.
6. A false affidavit to a criminal complaint may give rise to
perjury.
7. There is no perjury through negligence or imprudence since
the assertion of falsehood must be willful and deliberate.
8. Even if there is no law requiring the statement to be made
under oath, as long as it is made for a legal purpose, it is
sufficient.
9. Perjury is an offense which covers false oaths other than
those taken in the course of judicial proceedings.
10. False testimony before the justice of the peace during a
preliminary investigation may give rise to the crime of
perjury, not false testimony in judicial proceedings. The
latter crime contemplates an actual trial where a judgment
of conviction or acquittal is rendered.

Oath: any form of attestation by w/c a person signifies that he
is bound in conscience to perform an act faithfully and truthfully

Affidavit: a sworn statement in writing; declaration in writing,
made upon oath before an authorized or magistrate officer

Material Matter : the main fact w/c is the main subject of the
inquiry or any circumstance w/c tends to prove that fact , or any
facts or circumstances w/c tends to corroborate or strengthen
the testimony relative to the subject of inquiry, or w/c
legitimately affects the credit of any witness who testifies. It is
directed to prove a fact in issue

Competent Person authorized to Administer oath: a person who
has a right to inquire into the questions presented upon him on
matters under his jurisdiction
1. This article
applies when the
offender, without
inducing another
but knowing him
to be a false
witness,
presented him
and the latter
testified falsely
in a judicial or
official
proceeding.
2. The felony is
consummated
the moment a
false witness is
offered in any
judicial or official
proceeding.
Looking for a
false witness is
not punished by
law as that is not
offering a false
witness.
3. Even in
conspiracy: the
witness is
exempted in
criminal liability
if he desisted
before he could
testify in any
material matter.
4. The false witness
need not be
convicted of false
testimony. A
mere offer to
present him is
sufficient.








Chapter Three: FRAUDS
Section One. - Machinations, Monopolies and Combinations
Crime 185
machinations in public
auctions
186
MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE
- Any person who shall solicit
any gift or promise as a
consideration for refraining
from taking part in any public
auction, and any person who
shall attempt to cause
bidders to stay away from an
auction by threats, gifts,
promises, or any other
artifice, with intent to cause
the reduction of the price of
the thing auctioned, shall
suffer the penalty of prision
correccional in its minimum
period and a fine ranging
from 10 to 50 per centum of
the value of the thing
auctioned.
- The penalty of prision correccional in its minimum period or a fine ranging from 200 to 6,000 pesos, or both, shall be imposed upon:
1) Any person who shall enter into any contract or agreement or shall take part in any conspiracy or combination in the form of a trust or otherwise, in restraint of trade or
commerce or to prevent by artificial means free competition in the market;
2) Any person who shall monopolize any merchandise or object of trade or commerce, or shall combine with any other person or persons to monopolize and merchandise
or object in order to alter the price thereof by spreading false rumors or making use of any other article to restrain free competition in the market;
3) Any person who, being a manufacturer, producer, or processor of any merchandise or object of commerce or an importer of any merchandise or object of commerce
from any foreign country, either as principal or agent, wholesaler or retailer, shall combine, conspire or agree in any manner with any person likewise engaged in the
manufacture, production, processing, assembling or importation of such merchandise or object of commerce or with any other persons not so similarly engaged for the
purpose of making transactions prejudicial to lawful commerce, or of increasing the market price in any part of the Philippines, of any such merchandise or object of
commerce manufactured, produced, processed, assembled in or imported into the Philippines, or of any article in the manufacture of which such manufactured,
produced, or imported merchandise or object of commerce is used.
If the offense mentioned in this article affects any food substance, motor fuel or lubricants, or other articles of prime necessity, the penalty shall be that of prision mayor in
its maximum and medium periods it being sufficient for the imposition thereof that the initial steps have been taken toward carrying out the purposes of the combination.
Any property possessed under any contract or by any combination mentioned in the preceding paragraphs, and being the subject thereof, shall be forfeited to the
Government of the Philippines.
Whenever any of the offenses described above is committed by a corporation or association, the president and each one of its agents or representatives in the
Philippines in case of a foreign corporation or association, who shall have knowingly permitted or failed to prevent the commission of such offense, shall be held liable as
principals thereof.
Elements (1) Soliciting gift or promise:
a. That there be a public auction;
b. That the accused solicited any gift or a promise from any of the bidders;
c. That such gifts or promise was the consideration for his refraining from
taking part in that public auction; and
d. That the accused had the intent to cause the reduction of the price of
the thing auctioned.
(2) Attempting to cause bidders to stay away:
a. That there be a public auction;
b. That the accused attempted to cause the bidders to stay away from
that public auction;
c. That it was done by threats, gifts, promises, or any other artifice; and
d. That the accused had the intent to cause the reduction of the price of
the thing auctioned.

ACTS PUNISHED:
(1) Conspiracy or combination to prevent free competition in the market
By entering into a contract or agreement or taking part in any conspiracy or combination in the form of a trust or
otherwise, in restraint of trade or commerce or to prevent by artificial means free competition in the market; It is enough
that initial steps are taken. It is not necessary that there be actual restraint of trade.
(2) Monopoly to restrain free competition in the market
- By monopolizing any merchandise or object of trade or commerce, or by combining with any person or persons to
monopolize said merchandise or object in order to alter the prices thereof by spreading false rumors or making use of any
other artifice to restrain free competition in the market
(3) Manufacturer, producer, or processor or importer combining, conspiring or agreeing with any person to make transactions
prejudicial to lawful commerce or to increase the market price of merchandise
a. Persons liable: Manufacturer, producer, or processor or importer of any merchandise or object of commerce
b. Crime commited by: combining, conspiring or agreeing with any person
c. Purpose: to make transactions prejudicial to lawful commerce or to increase the market price of any
merchandise or object of commerce

Penalties PC in min & a fine ranging from 10% to 50% of the value of the thing
auctioned
PC in min or a fine ranging from P200to P6000
Notes The crime is consummated by the mere act of soliciting a gift or promise
for the purpose of abstaining from taking part in any public auction.
Other artifice : use of trickery
The threat need not be effective nor the offer or gift accepted for the
crime to arise.
Execution sales should be opened to free and full competition in order
to secure the maximum benefit for the debtors.
1. The theory of penalizing monopolies & combinations in restraint of trade is that competition, not combination should be
the law of trade.
2. Any property possessed under any contract or contemplation of this article, shall be forfeited to the govt.
3. The law intends to punish the mere conspiracy or combination at which it is aimed.
4. If offense is committed by a corporation or association : president or directors or managers are liable

Section Two. - FRAUDS IN COMMERCE AND INDUSTRY
Crime 187
importation and disposition of
falsely marked articles

188
subsisting and altering trade-mark, trade-names, or service marks
189
unfair cmpetition, fraudulent regstrtion of trade-mark, trade-
name or service mark, fraudulent designation of origin, and
false description
- The penalty of prision correccional
or a fine ranging from 200 to 1,000
pesos, or both, shall be imposed on
any person who shall knowingly
import or sell or dispose of any
article or merchandise made of
gold, silver, or other precious metals,
or their alloys, with stamps, brands,
or marks which fail to indicate the
actual fineness or quality of said
metals or alloys.
Any stamp, brand, label, or mark
shall be deemed to fail to indicate
the actual fineness of the article on
which it is engraved, printed,
stamped, labeled or attached,
when the rest of the article shows
that the quality or fineness thereof is
less by more than one-half karat, if
made of gold, and less by more
than four one-thousandth, if made
of silver, than what is shown by said
stamp, brand, label or mark. But in
case of watch cases and flatware
made of gold, the actual fineness of
such gold shall not be less by more
than three one-thousandth than the
fineness indicated by said stamp,
brand, label, or mark.
- The penalty of prision correccional in its minimum period or a fine ranging from 50 to 2,000
pesos, or both, shall be imposed upon:
1) Any person who shall substitute the trade name or trade-mark of some other manufacturer
or dealer or a colorable imitation thereof, for the trademark of the real manufacturer or
dealer upon any article of commerce and shall sell the same;
2) Any person who shall sell such articles of commerce or offer the same for sale, knowing that
the trade-name or trade- mark has been fraudulently used in such goods as described in
the preceding subdivision;
3) Any person who, in the sale or advertising of his services, shall use or substitute the service
mark of some other person, or a colorable imitation of such mark; or
4) Any person who, knowing the purpose for which the trade-name, trade-mark, or service
mark of a person is to be used, prints, lithographs, or in any way reproduces such trade-
name, trade-mark, or service mark, or a colorable imitation thereof, for another person, to
enable that other person to fraudulently use such trade-name, trade-mark, or service mark
on his own goods or in connection with the sale or advertising of his services.
A trade-name or trade-mark as herein used is a word or words, name, title, symbol, emblem, sign
or device, or any combination thereof used as an advertisement, sign, label, poster, or otherwise,
for the purpose of enabling the public to distinguish the business of the person who owns and
uses said trade-name or trade-mark.
A service mark as herein used is a mark used in the sale or advertising of services to identify the
services of one person and distinguish them from the services of others and includes without
limitation the marks, names, symbols, titles, designations, slogans, character names, and
distinctive features of radio or other advertising.

- The penalty provided in the next proceeding article shall be
imposed upon:
1. Any person who, in unfair competition and for the
purposes of deceiving or defrauding another of his
legitimate trade or the public in general, shall sell his
goods giving them the general appearance of goods of
another manufacturer or dealer, either as to the goods
themselves, or in the wrapping of the packages in which
they are contained or the device or words thereon or in
any other features of their appearance which would be
likely to induce the public to believe that the goods
offered are those of a manufacturer or dealer other than
the actual manufacturer or dealer or shall give other
persons a chance or opportunity to do the same with a
like purpose.
2. Any person who shall affix, apply, annex or use in
connection with any goods or services or any container or
containers for goods a false designation of origin or any
false description or representation and shall sell such
goods or services.
3. Any person who by means of false or fraudulent
representation or declarations orally or in writing or by
other fraudulent means shall procure from the patent
office or from any other office which may hereafter be
established by law for the purposes the registration of a
trade-name, trade-mark or service mark or of himself as
the owner of such trade-name, trade-mark or service mark
or an entry respecting a trade-name, trade-mark or
service mark.
Elements (1) That the offender imports, sells
or disposes of any article or
merchandise made of gold,
silver or other precious metals;
(2) That the stamps, brands, or
marks of those articles or
merchandise fails to indicate
the actual fineness or quality of
said metals or alloys; and
(3) That the offender knows that
the said stamp, brand, or mark
fails to indicate the actual
fineness or quality of the metals
or alloys.
ACTS PUNISHABLE:
(1) By (a) substituting the trade name (t/n) or trademark (t/m) of some other manufacturer or
dealer or a colorable imitation thereof, for the t/n or t/m of the real manufacturer or dealer
upon any article of commerce; and (b) selling the same.
(2) By selling or by offering for sale such article of commerce, knowing that the t/n or t/m has
been fraudulently used.
(3) By using or substituting the service mark of some other person, or a colorable imitation of
such marks, in the sale or advertising of services.
(4) By printing, lithographing or reproducing t/n, t/m or service mark of one person, or a
colorable imitation thereof, to enable another person to fraudulently use the same, knowing
the fraudulent purpose for which it is to be used.



* Superseded by RA 8293, the Intellectual Property Code, Jan.
1, 1998.

ACTS PUNISHED:
(1) Unfair competition by selling his goods, giving them the
general appearance of the goods of another
manufacturer or dealer.

a) That the offender gives his goods the general
appearance of the goods of another
manufacturer or dealer;
b) That the general appearance is shown in the
i. goods themselves,
ii. wrapping of their packages,
Trade name Distinguished from Trademark
1. Trade name is used in trade to designate a particular business of certain individuals
considered as an entity; trademark is used to indicate the origin or ownership of goods
to w/c it is affixed.
2. Tradename unlike trademarks are not necessarily attached to the goods of the owner
iii. device or words therein, or in
iv. any other feature of their appearance;
c) That the offender offers to sell or sells those goods
or gives other persons a chance or opportunity to
do the same with a like purpose; and
d) That there is actual intent to deceive the public
or defraud a competitor.
(2) Fraudulent designation of origin by
(a) affixing to his goods or using in connection with his
services a false designation of origin; or any false
description or representation, and
(b) selling such goods or services.
(3) Fraudulent registration by procuring fraudulently from the
patent office the registration of t/m, t/m or service mark.
Penalties PC in min or a fine ranging from
P200 to P1000
PC in min or a fine ranging from P500 to P2000 or both Penalty provided for in the next preceding article
Notes 1. Articles or merchandise
involved: gold, silver, other
precious metals, or their
alloys
2. When evidence show the
article to be imported,
selling the misbranded
articles is not necessary.
3. The manufacturer who
alters the quality or
fineness is liable for estafa
under Art. 315, 2(b)
1. The provisions of Articles 188 and 189 of the
2. Revised Penal Code which are inconsistent with R. A. 8293 (Intellectual Property Code of the
Philippines) are repealed.
3. The tradename, trademark or service mark need not be identical; a colorable imitation is
sufficient. There must not be differences which are glaring and striking to the eye.
4. Mark means any visible sign capable of distinguishing the goods or services of an
enterprise and shall include a stamped or marked container.
5. Tradename: identify or distinguish an enterprise; not necessarily attached or affixed to the
goods of the owner.
6. Trademarks: to indicate origin of ownership of goods to which it is affixed
7. SERVICE MARK is a mark used in the sale or advertising of services to identify the services of
one person and distinguish them from the services of others and includes without limitation
the marks, names, symbols, titles, designations, slogans, character names, and distinctive
features of radio or other advertising
8. In trademarks, it is not necessary that the goods of the prior user and the later user of the
trademark are of the same categories. The meat of the matter is the likelihood of confusion,
mistake or deception upon purchasers of the goods of the junior user of the mark and goods
manufactured by the previous user.
9. The tradename or trademark must be registered. Trademark must not be merely descriptive
or generic.
10. The exclusive right to an originally valid trademark or tradename is lost, if for any reason it
loses its distinctiveness or has become publici juris.


UNFAIR COMPETITION: consists in employing deception or any
other means contrary to good faith by which any person shall
pass off the goods manufactured by him or in which he deals,
or his business, or services for those of the one having
established goodwill, or committing any acts calculated to
produce such result

Unfair Competition distinguished from Infringement
1. Unfair competition is Broader, more inclusive;
Infringement of trademark is of Limited range.
2. In unfair competition, the offended party is
Identified in the mind of the public whether or
not a mark or trade name is employed is
Broader, more inclusive; Infringement of
trademark, the offended party has Identified a
peculiar symbol or mark with his goods and
thereby has acquired a property right in such
symbol or mark
3. In unfair competition, the offender gives his
goods the general appearance of the goods of
another; In infringement of trademark, the
offender sells goods on which trademark is
affixed








Title 5
CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS (190-194)
Articles 190-194 were repealed by RA No. 6425 The Dangerous Drugs Act of 1972 (March 30, 1972).
As amended by P.D. No. 1683, and further by R.A. 7659
R.A. 9165 Comprehensive Drugs Act of 2002 ( July 4, 200@) repealed R.A. 6425 and amended R.A. No. 7659
THE DANGEROUS DRUGS ACT OF 2002
(R. A. NO. 9165, repealing R. A. NO. 6425 and
RPC provisions on crimes related to opium and other prohibited drugs)
ACTS PUNISHABLE:

(1) Importation of dangerous drugs (even for floral, decorative and culinary purposes) and/or controlled
precursors and essential chemicals
Qualifying circumstance:
(a) If the importation was through the use of a diplomatic passport, diplomatic facilities or any
other means involving the offenders official status.
(b) Organizes, manages or acts as a financier
The protector or coddler is also liable.

(2) Sale, administration, delivery, distribution and transportation of dangerous drugs

Qualifying circumstances:

(a) Within 100 meters from a school;
(b) If minors/mentally incapacitated individuals are used as runners, couriers and messengers of
drug pushers;
(c) If the victim of the offense is a minor, or should a prohibited/regulated drug involved in any
offense under this section be the proximate cause of the death of a victim thereof
(d) Organizes, manages or acts as financier

(3) Maintenance of a den, dive, or resort where any controlled precursor and essential chemical is sold or
used

Qualifying circumstances:

1. where a prohibited/regulated drug is administered, delivered, or sold to a minor who is
allowed to use the same in such place; or
2. should a prohibited drug be the proximate cause of the death of the person using the same
in such den, dive or resort.
3. Organizes, manages or acts as financier
The protector or coddler is also liable.
If place owned by third person, the same shall be confiscated and escheated in
favor of government IF
a) Complaint specifically allege that such place used intentionally for furtherance of crime
b) Prosecution proves intent on part of owner
c) Owner included as accused in criminal complaint

OPIUM DIVE OR RESORT: place where dangerous drug and/or controlled precursor and essential
chemical is administered, delivered, stored for illegal purposes, distributed, sold or used in any form
(To be habitual prior conviction, reputation of place)
Also Punishable

ATTEMPT AND CONSPIRACY TO COMMIT THE FOLLOWING OFFENSES:

(1) Importation of dangerous drugs and/or controlled precursor and essential chemical,
(2) Sale, trading, administration, dispensation, delivery, distribution and transportation
of dangerous drugs and/or controlled precursor and essential chemical,
(3) Maintenance of a den, dive or resort for dangerous drugs,
(4) Manufacture of dangerous drugs and/or controlled precursor and essential
chemical, and
(5) Cultivation or culture of plants which are sources of dangerous drugs.
The penalty for such attempt and conspiracy is the same penalty prescribed for
the commission. Thus, where the offense of sale was not consummated, the
accused should not be prosecuted under mere possession, but under Sec. 26.
(Justice Peralta)

OTHER PERSONS LIABLE:

(1) Public officer or employee who misappropriates, misapplies or fails to account for
confiscated, seized, or surrendered dangerous drugs, plant sources of dangerous
drugs, etc.
(2) Any elective local or national official who have benefited from the proceeds of
trafficking of dangerous drugs or have received any financial/material contributions
or donations from natural or juridical persons guilty of drug trafficking.
(3) If the violation of the Act is committed by a partnership, corporation, association or
any judicial person, the partner, president, director, or manager who consents to or
knowingly tolerates such violation shall be held criminally liable as co-principal.
(4) Partner, president, director, manager, officer or stockholder, who knowingly
authorizes, tolerates, or consents to the use of a vehicle, vessel, or aircraft as an
instrument in the importation, sale, delivery, distribution or transportation of
dangerous drugs, or to the use of their equipment, machines or other instruments
in the manufacture of any dangerous drugs, if such vehicle, vessel, aircraft,
equipment, or other instrument, is owned or under the control and supervision of
the partnership, corporation, association or judicial entity to which they are
affiliated.
(5) Any person who is found guilty of planting any dangerous drugs and/or controlled
precursor and essential chemicals, regardless of quantity or purity (penalty of
death).
(6) Any person violating a regulation issued by the Dangerous Drug Board
(7) Any person authorized to conduct drug test who issues false or fraudulent drug test
results knowingly, willfully or through gross negligence.

(4) Being employees or visitors of drug den who are aware of the nature of such place
For the employee who is aware of nature of place and any person who knowingly visits such
place
A person who visited another who was smoking opium shall not be liable if the place is not an opium
dive or resort

(5) Manufacture of dangerous drugs and/or controlled precursors and essential chemicals

Aggravating circumstance: Clandestine lab is undertaken under the following circumstances:
(1) Any phase conducted in presence or with help of minors
(2) Established/undertaken within 100m of residential, business, church or school premises
(3) Lab secured/protected by booby traps
(4) Concealed with legitimate business operations
(5) Employment of practitioner, chemical engineer, public official or foreigner
Qualifying circumstance: Organizes, manages or acts as financier
Prima facie proof of manufacture: presence of controlled precursor and essential chemical or lab
equipment in the clandestine lab

CLANDESTINE LABORATORY: Any facility used for illegal manufacture of any dangerous drug and or
controlled precursor and essential chemicals

(6) Illegal chemical diversion of controlled precursor and essential chemicals

CHEMICAL DIVERSION: sale, distribution, transport of legitimately imported, in-transit, manufactured
or procured controlled precursors or essential chemicals to any person or entity engaged in
manufacture of dangerous drug and concealment of such transaction through fraud, destruction of
documents, fraudulent use of permits, misdeclaration, use of front companies or mail fraud

(7) Manufacture or delivery of equipment, instrument, apparatus, and other paraphernalia for dangerous
drugs and/or controlled precursor and essential chemicals

Acts Punishable:
1. deliver
2. possess with intent to deliver
3. manufacture with intent to deliver the paraphernalia, knowing, or under circumstances where
one reasonably should know

Qualifying circumstance - use of a minor or a mentally incapacitated individual to deliver such
equipment, instrument, apparatus or other paraphernalia

(8) Possession of dangerous drugs, regardless of the degree of purity

Penalties are graduated to the amount of drugs (the only violation where quantity matters)
The kinds of drugs have different respective amounts for the graduation of penalties
Qualifying circumstance: Party, social gathering, or in the proximate company of at least 2
persons, regardless of quantity
o Possession: unauthorized, either actual or constructive, irrespective of quantity, with
intent to possess(full knowledge that what was possessed was any of prohibited or
regulated drug)


(8) Any government officer tasked with the prosecution of drug-related cases under
this Act who delays or bungles the prosecution.
For the purpose of enforcing the provisions of this Act, all school heads,
supervisors and teachers shall be deemed to be persons in authority and, as
such, are vested with the power to apprehend, arrest, or cause the
apprehension or arrest of any person who shall violate any of the said
provision. They shall be considered as persons in authority if they are in the
school or within its immediate vicinity, or beyond such immediate vicinity if
they are in attendance in any school or class function in their official capacity
as school heads, supervisors or teachers.
Any teacher or school employee who discovers or finds that any person in the
school or within its immediate vicinity is violating this Act shall have the duty to
report the violation to the school head or supervisor who shall, in turn, report
the matter to the proper authorities. Failure to report in either case shall, after
hearing, constitute sufficient cause for disciplinary action by the school
authorities. (Sec. 44)

RULES FOR EXEMPTION FROM CRIMINAL LIABILITY OF DRUG DEPENDENTS THROUGH
VOLUNTARY SUBMISSION:

A. Drug dependent who is finally discharged from confinement shall be exempt subject
to the ff. conditions:
1) Complied with the rules of the Center
2) Never been charged or convicted of any offense under this Act, the Dangerous
Drugs Act of 1972, the RPC, or any special penal laws.
3) No record of escape from the Center; provided if he escaped, he surrendered
by himself or through his parent, spouse, guardian or relative w/in the 4th w/in
1 week.
4) Poses no serious danger to himself, family or community.

B. Voluntary submission of a drug dependent to confinement, treatment and
rehabilitation by the drug dependent himself or through his parent, guardian or
relative within the 4th in a center and compliance with such conditions therefor as
the Dangerous Drugs Board may prescribe shall exempt him from criminal liability
for possession or use of the dangerous drug.

C. Should the drug dependent escape from the center, he may submit himself for
confinement within 1 week from the date of his escape, of his parent guardian or
relative may, within the same period surrender him for confinement.

D. Upon application of the Board, the Court shall issue an order for recommitment if
the drug dependent does not resubmit himself for confinement or if he is not
surrendered for recommitment.

E. If, subsequent to such recommitment, he should escape again, he shall no longer
be exempt from criminal liability for the use or possession of any dangerous drug.

F. If a person charged with an offense with an imposable penalty of less than 6 years
and 1 day, and the Court or prosecutor, at any stage of the proceedings, finds that
the person charged with an offense is a drug dependent, the fiscal or court as the
case may be, shall suspend all further proceedings and transmit records of the case
to the Board. If the Board determines that public interest requires that such person




Elements of possession of opium: (RA 6425)
1. occupancy or taking
2. intent to possess

What is punished is present possession, not past possession
It is not necessary to allege in information that accused is not authorized to possess opium

(9) Possession of equipment, instrument, apparatus and other paraphernalia fit for introducing dangerous
drugs into the body
Possession of such equipment = Prima facie evidence that possessor has used a dangerous drug
and shall be presumed to have violated Sec. 15, use of dangerous drug.
The possession of PARAPHERNALIA is absorbed by USE of dangerous drug.

Qualifying circumstance: Party, social gathering, or in the proximate company of at least 2 persons.

(10) Use of dangerous drugs
Must be found positive after a confirmatory test
1st conviction minimum of 6 mos. Of rehabilitation
2nd conviction imprisonment and fine
Where the accused is also found to be in possession of dangerous drugs, this Section shall not
apply. Sec. 11, possession of dangerous drugs, shall apply. Hence, USE is subsumed by
POSSESSION.
Ex. If the offender is caught with possession of paraphernalia, possession of dangerous drugs and use
of dangerous drugs, the offense is POSSESSION OF DANGEROUS DRUGS.

(11) Cultivation or culture of plants which are dangerous drugs or are sources thereof
The land/portions thereof and/or greenhouses in which any of the said plants is cultivated or
cultured shall be confiscated and escheated to the State, unless the owner thereof prove that he
did not know of such cultivation or culture despite the exercise of due diligence on his part.

Qualifying circumstance:
a) The land is part of the public domain
b) Organizes, manages or acts as financier

(12) Failure to keep of original records of transactions of dangerous drugs
Persons liable: practitioner, manufacturer, wholesaler, importer, distributor, dealer, or retailer
The additional penalty of revocation of his license to practice his profession in case of a practitioner, or of
his or its business license in case of manufacturer, seller, importer, distributor or dealer, shall be imposed.

(13) Unnecessary prescription of dangerous drugs
Person Liable: Practitioner who shall prescribe any dangerous drug for any person whose
physical/physiological condition does not require the use of thereof or in the dosage therein.

(14) Unlawful prescription of dangerous drugs
be committed, it shall file a petition for commitment. After commitment and
discharge, the prosecution shall continue. In case of conviction, the judgment shall,
if certified by the center for good behavior, indicate that he shall be given full credit
for the period of confinement; provided when the offense is use of dangerous
drugs, and the accused is not a recidivist, the penalty shall have deemed to have
been served in th center upon release.

G. The period of prescription of the offense charged shall not run during the time that
the respondent/accused is under detention or confinement in a center.

H. A drug dependent who is discharged as rehabilitated, but does not qualify for
exemption, may be charged under this Act, but shall be placed on probation and
undergo community service in lieu of imprisonment and/or fine in the courts
discretion.

I. A drug dependent who is not rehabilitated after the second commitment to the
Center under the voluntary submission program shall, upon recommendation of the
Board, be charged for violation of Sec. 15, (use of dangerous drug) and be
prosecuted like any other offender. If convicted, he shall be credited for the period
of confinement in the Center.

RULES ON SUSPENSION OF SENTENCE FOR FIRST OFFENSE OF A MINOR:

A. Supervision and rehabilitative surveillance of the Board and under such conditions
that the court may impose for a period of 6-18 mos.
Requisites for suspension:
1. Accused is a minor over 15 years at the time of the commission of the
offense but not more than 18 years of age when the judgment should have
been promulgated.
2. He has not been previously convicted of violating this Act, Dangerous
Drugs Act of 1972, RPC or any special penal laws.
3. He has not been previously committed to a Center or to the care of a
DOH-accedited physician.
4. The Dangerous Drugs Board favorably recommends that his/her sentence
be suspended.
Where the minor is under 15 years at the time of the commission, Art. 192 of
Child and Youth Welfare Code shall apply (suspension of sentence and
commitment)

B. The privilege of suspended sentence may be availed of only once.
C. If the minor violates any of the conditions of his suspended sentence, rules of the
Board, or rules of the center, the court shall pronounce judgment of conviction and
he shall serve sentence as any other convicted person.
D. Upon promulgation of sentence, the court may, in its discretion, place the accused
under probation, or impose community service in lieu of imprisonment.

Title Six
CRIMES AGAINST PUBLIC MORALS
Chapter One
GAMBLING AND BETTING
CRIME ELEMENTS PENALTY NOTES
195-199
Repealed
by PD 483
betting law,
and PD 449
cockfightin
g law
P.D. 1602. PRESCRIBING STIFFER
PENALTIES IN ILLEGAL GAMBLING
Persons Liable
A.
1. Any person who shall directly or indirectly take part in any illegal or
unauthorized activities or games of:
a) Cockfighting, jueteng, jai-alai or horse racing to include bookie operations
and game fixing, numbers, bingo and other forms of lotteries
b) Cara y cruz, pompiang and the like
c) 7-11 and any game using dice
d) Black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajo,
pangguigue and other card games
e) Pak que, high and low, mahjong, domino and other games using plastic tiles
and the like
f) Slot machines, roulette, pinball and other mechanical contraptions and
devices
g) Dog racing, boat racing, car racing and other forms of races
h) Basketball, boxing, volleyball, bowling, pingpong and other forms of
individual or team contests to include game fixing, point shaving and other
machinations
i) Banking or percentage game, or any other game or scheme, whether upon
chance or skill, wherein
j) wagers consisting of money, articles of value or representative of value are at
stake or made
2. Any person who KNOWINGLY permits any form of gambling in an inhabited or
uninhabited place or in any building, vessel or other means of transportation
owned or controlled by him
PC med or fine
ranging from
P1,000 to P6,000

PM, med or fine
ranging from
P5,000 to P10,000:
In case of
recidivism:

GAMBLING: Any game or scheme, whether upon chance or skill wherein wagers
consisting of money, articles or value or representative of value are at stake or made.

Playing for money is not a necessary element. The laws purpose is to prohibit
absolutely those games.
Any other games if with wager of money, articles, or value are at stake or made
Individual/team contests: game-fixing, pointshaving, other machinations
Spectators are not liable: must directly or indirectly take part; The law does not
make it an offense to be present in a gambling house.
A game or scheme is punishable even if winning depends upon skill as long as
wagers (consisting of money, articles of value or representative of value) are at
stake or made.

Lottery: a scheme for the distribution of prizes among persons who have paid, or
agreed to pay, a valuable consideration for the chance to obtain a prize.
Requisites:
1. Consideration
2. Chance
3. Prize/advantage/inequality in amount or value which is in the nature of
prize
Distribution of prizes by chance
No lottery where there is full value of money(criminal case-Olsen), but if
inducement to win prize is reason for purchase/subscription/others then even if full
value for money is receivedstill lottery(Administrative Code, postal law-El
Debate)
Proof that game took place or is about to take place is not necessary; burden of
evidence is shifted to accused to show that his possession is lawful or is not
connected with jueteng game; but proof to the contrary is necessary when
jueteng lists pertain to games played on other dates

KNOWINGLY permits any form of gambling in a place owned or controlled by him
1. That a gambling game was carried on in an inhabited or uninhabited place or in
any building, vessel or other means of transportation
2. That the place, building, vessel or other means of transportation is owned or
controlled by him
that the offender permitted the carrying of such game, knowing that
it is a gambling game.

MAINTAINER person who sets up and furnishes means to carry on gambling or
scheme
CONDUCTOR person who manages or carries on gambling game or scheme
B. Maintainer or conductor of and gambling in place with reputation of gambling,
frequent gambling place, government building or barangay hall.
PC max & a fine of
P6,000
C. Government official --maintainer, conductor, banker of gambling schemes; player,
promoter, referee, umpire, judge or coach in case of game fixing, point shaving
and machination
PM med w/ Temp.
abslute disq or fine
of P6,000
D. Any person who knowingly and without lawful purpose possess lottery list, paper or
other matter containing letters, figures, signs or symbols pertaining to or in any
manner used in the games of jueteng, jai-alai or horse racing bookies, and similar
games of lotteries and numbers which have taken place or about to take place
PC med or fine
P400 to P2,000

E. Barangay official who with knowledge of gambling house/place in his jurisdiction
fails to abate or take action
Temp. abslte Disq.
F. Security officer, watchman, private or house detective of hotels, villages, buildings,
enclosures and the like which have reputation of gambling place or where
gambling activities are being held
PC max or fine
P500 to P2000

196
Importation,
sale and
possession
of lottery
tickets or
Ads
Acts Punished
1. Importing to the Phil from any foreign place or port any lottery ticket
or advertisement
2. By selling or distributing the same in connivance with the importer.
3. By possessing, knowingly and with intent to use lottery tickets or
advertisements.
4. By selling or distributing the same without connivance with the
importer.
A. mayor in max to PC in min
or a fine ranging from P200 to
P2,000 or both: importation or
selling and distribution
A. menor, or a fine not
exceeding P200 pesos, or both:
possessing
1. The possession of any lottery ticket or advertisement shall be prima facie
evidence of an intent to sell, distribute or use the same.
2. If the defendant can establish that he did not know the existence of the lottery
ticket, the presumption is destroyed.
3. It is not necessary that the lottery ticket s are genuine, it is enough that they be
given the appearance of such;
4. It the lottery tickets are counterfeit, they cannot give rise to the evil sought to be
eradicated
197 Repealed by P.D. No. 483: BETTING, GAME-FIXING OR POINT-SHAVING AND MACHINATIONS IN SPORT CONTESTS

BETTING - betting money or any object or article of value or representative of value upon the result of any game, races and other sports contests

GAME-FIXING any arrangement, combination, scheme or agreement by which the result of any game, races or sports contests shall be predicted and/or knows other than on the basis of the honest
playing skill or ability of the players or participants

POINT-SHAVING any such arrangement, combination, scheme or agreement by which the skill of ability of any player or participant in a game, races or sports contests to make points or scores shall
be limited deliberately in order to influence the result thereof in favor of one or the other team, player or participant therein

GAME MACHINATION any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice employed for the purpose of influencing the result of any game, races or sports contests
Clearance for arrest, detention or prosecution No person who voluntarily discloses or denounces to the President of the Philippine Amateur Athletic Federation or to the National Sports
Association concerned and/or to any law enforcement/police authority any of the acts penalized by this Decree shall be arrested, detained and or prosecuted except upon prior written
clearance from the President of the Philippines and/or the Secretary of National Defense
198
Illegal
betting on
horse race.
Acts Punishable:
1. By betting on horse races during the periods not allowed by law.

A. menor or a fine not
exceeding P200 or both.
1. Totalizer: machine for registering and indicating the number and nature of bets made on
horse races
2. Horse race prohibited on;
(a) July 4
(b) Dec 30
(c) Any registration or voting days
(d) Holy Thursday & Good Friday
3. The race held in the same day at the same place shall be held punishable as a separate
offense.
4. There is no liability if there is no betting or use of totalizer
2. By maintaining or employing a totalizer or other device or scheme
for betting on races or realizing any profit therefrom during periods
not allowed by law.

A. mayor or a fine
ranging from P200 to
P2,000 or both,
199
Illegal
Cockfightin
g
Amended by PD 449 COCKFIGHTING LAW OF 1974

Holding of Cockfights Cockfighting shall be allowed only in licensed cockpits:
1. Sundays
2. Legal Holidays, except: December 30, June 12, November 30, Holy Thursday, Good Friday, Election or Referendum Day and during Registration Days for such election or referendum
3. During local fiestas for not more than 3 days
4. Provincial, city or municipal agriculture, commercial or industrial fair, carnival or exposition for a similar period of three days upon resolution, subject to approval of Chief of Constabulary or his
authorized representativenot allowed within month of local fiesta of for more than two occasions a year in same city or municipality

Cockfighting for Entertainment of Tourists or for Charitable Purposes: Chief of Constabulary or his authorized representative may also allow the holding of cockfighting for:
1. Entertainment of foreign dignitaries
2. Tourists
3. Balikbayan
4. For support of national fund-raising campaigns for charitable purposes as may be authorized by the Office of the President, upon resolution of a provincial board, city or municipal
council
- In licensed cockpits or in playgrounds or parks
- Extended for only one time, for a period not exceeding 3 days, within a year to a province, city or municipality
Permitting gambling of any kind in cockpit is punished under the same Decree (Owner, manager or lessee of cockpit that permits gambling shall be criminally liable)
Spectators in cockfight are not liable unless he participates as bettor
Chapter Two
OFFENSES AGAINST DECENCY AND GOOD CUSTOMS
Crime 200
GRAVE SCANDAL.

201
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND EXHIBITIONS AND INDECENT
SHOWS
202
vagrants and prostitutes
- The penalties of arresto
mayor and public censure
shall be imposed upon any
person who shall offend
against decency or good
customs by any highly
scandalous conduct not
expressly falling within any
other article of this Code.
- The penalty of prision mayor or a fine ranging from six thousand to twelve
thousand pesos, or both such imprisonment and fine, shall be imposed upon:
1. Those who shall publicly expound or proclaim doctrines openly contrary to
public morals;
2. (a) the authors of obscene literature, published with their knowledge in any
form; the editors publishing such literature; and the owners/operators of the
establishment selling the same;
(b) Those who, in theaters, fairs, cinematographs or any other place, exhibit,
indecent or immoral plays, scenes, acts or shows, whether live or in film, which
are prescribed by virtue hereof, shall include those which (1) glorify criminals or
condone crimes; (2) serve no other purpose but to satisfy the market for
violence, lust or pornography; (3) offend any race or religion; (4) tend to abet
traffic in and use of prohibited drugs; and (5) are contrary to law, public order,
morals, and good customs, established policies, lawful orders, decrees and
edicts;
3. Those who shall sell, give away or exhibit films, prints, engravings, sculpture or
literature which are offensive to morals. (As amended by PD Nos. 960 and
969).
- The following are vagrants:
1. Any person having no apparent means of subsistence, who has the physical
ability to work and who neglects to apply himself or herself to some lawful calling;
2. Any person found loitering about public or semi-public buildings or places or
trampling or wandering about the country or the streets without visible means of
support;
3. Any idle or dissolute person who ledges in houses of ill fame; ruffians or pimps and
those who habitually associate with prostitutes;
4. Any person who, not being included in the provisions of other articles of this Code,
shall be found loitering in any inhabited or uninhabited place belonging to
another without any lawful or justifiable purpose;
5. Prostitutes.
For the purposes of this article, women who, for money or profit, habitually indulge in
sexual intercourse or lascivious conduct, are deemed to be prostitutes.
Any person found guilty of any of the offenses covered by this articles shall be
punished by arresto menor or a fine not exceeding 200 pesos, and in case of
recidivism, by arresto mayor in its medium period to prision correccional in its minimum
period or a fine ranging from 200 to 2,000 pesos, or both, in the discretion of the court.
Elements 1. That the offender
performs an act;
2. That such act/s be
highly scandalous as
offending against
decency or good
customs;
3. That the highly
scandalous conduct
does not expressly fall
within any other article
of the RPC; and
4. That the act/s
complained of be
committed in a public
place or within the
public knowledge or
view.
Publicity is an essential element.

Persons liable:
1. Those who publicly expound or proclaim doctrines that are contrary to public
morals.
2. Authors of obscene literature, published with their knowledge in any form.
3. Editors publishing such obscene literature.
4. Owners or operators of establishments selling obscene literature.
5. Those who exhibit indecent or immoral plays, scenes, acts or shows in theaters,
fairs, cinemas or any other place.
6. Those who sell, distribute, or exhibit prints, engraving, sculptures or literature
which are offensive to morals.

Considered as obscene literature or immoral or indecent plays, scenes or acts:
1. those w/c glorify criminals or condone crimes;
2. those w/c serve no other purpose but to satisfy the market for violence, lust or
pornography;
3. those w/c offend against any race or religion;
4. those w/c tend to abet the traffic and the use of prohibited drugs; and
5. those that are contrary to law, public order, morals, good customs,
established policies, lawful orders, decrees and edicts.
VAGRANTS:
1. Those who have no apparent means of subsistence and who have the physical
ability to work yet neglect to apply themselves to some useful calling;
2. Persons found loitering around public and semi-public places without visible
means of support;
3. Persons tramping or wandering around the country or the streets with no visible
means of support;
4. Idle or dissolute persons lodging in houses of ill-fame;
5. Ruffians or pimps and those who habitually associate with prostitutes (may include
even the rich); and
6. Persons found loitering in inhabited or uninhabited places belonging to others,
without any lawful or justifiable reason, provided the act does not fall within any
other article of the RPC.

PROSTITUTES - women who habitually (not just 1 man) indulge in sexual intercourse or
lascivious conduct for money or profit (If a man indulges in the same conduct, the
crime committed is vagrancy) sexual intercourse is not necessary as lascivious
conduct is sufficient
Penalties A.Mayor & Public Censure PM or fine ranging from P6,000 to P12,000 or both A.Menor or a fine not exceeding P200

A.Mayor in med & PC in min or a fine ranging from P200 to P2000 or both: in case of
recidivism
Notes 1. Grave scandal
consists of acts which
are offensive to
decency and good
customs. They are
committed publicly
and thus, give rise to
public scandal to
persons who have
accidentally
witnessed the acts.
2. Decency means
properly observing the
requirements of
modesty, good taste
3. Customs refer to
established usage,
social conventions
carried on by tradition
and enforced by
social disapproval in
case of violation.
4. The essence of grave
scandal is publicity
and that the acts
committed are not
only contrary to
morals and good
customs but must
likewise be of such
character as to cause
public scandal to
those witnessing it
5. The public view is not
required. It is sufficient
if committed in public
place.
6. it may occur even in a
private place; the
number of people
who sees it is not
material.



Morals imply conformity to generally accepted standards of goodness or rightness
in conduct or character.
Obscene: something offensive to decency, chastity,

1. The test of obscenity is whether the matter has a tendency to deprave or
corrupt the minds of those who are open to immoral influences. A matter can
also be considered obscene if it shocks the ordinary and common sense of
men as indecency.
2. Mere nudity in paintings and pictures is not obscene.
3. Pictures w/ a slight degree of obscenity having no artistic value and being
intended for commercial purposes fall within this article.
4. The author of obscene literature is liable only when it is published w/ his
knowledge
5. In every case the editor publishing is liable
6. give away should be read as distribute
7. The object of the law is to protect the morals of the public

1. Only par 1 & 2 requires absence of means of visible support
2. Mendicancy and abetting mendicancy are punished( P.D. 1653 MENDICANCY)
3. Giving alms through organized agencies operating under the rules and
regulations of the Ministry of Public Information is not a violation of the
Mendicancy Law.
4. Mendicant Those with no visible and legal means of support, or lawful
employment and physically able to work but neglects to apply himself to lawful
calling and instead uses begging as means of living (higher penalty if convicted 2
or more times)
5. DISSOLUTE lax, unrestrained, immoral (includes maintainer of house of
prostitution)
6. RUFFIANS brutal, violent, lawless
7. PIMP: one who provides gratification for the lust of others



Title Seven
CRIMES COMMITTED BY PUBLIC OFFICERS
Chapter One
PRELIMINARY PROVISIONS












Crime Elements Points to Remember
203
WHO ARE PUBLIC OFFICERS
- For the purpose of applying the provisions of
this and the preceding titles of this book, any
person who, by direct provision of the law,
popular election or appointment by competent
authority, shall take part in the performance of
public functions in the Government of the
Philippine Islands, of shall perform in said
Government or in any of its branches public
duties as an employee, agent or subordinate
official, of any rank or class, shall be deemed to
be a public officer.
To be a public officer, one must be -
1. Taking part in the performance of public functions in
the Government, or performing public duties as an
employee, agent or subordinate official, of any rank
or class, in the government or any of its branches; and
2. That his authority to take part in the performance of
public functions or to perform public duties must be -
a. by direct provision of the law, or
b. by popular election, or
c. by appointment by competent
authority.
1. Public officers include every public servant from the
lowest to the highest rank provided that they exercise
public functions.
2. A government laborer is not a public officer. However,
temporary performance by a laborer of public
functions makes him a public officer.


Chapter Two
MALFEASANCE AND MISFEASANCE IN OFFICE
Section One. - Dereliction of duty
Crime 204
KNOWINGLY
RENDERING UNJUST
JUDGMENT
205
JUDGMENT
RENDERED THRU
NEGLIGENCE
206
UNJUST
INTERLOCUTORY
ORDER
207
MALICIOUS
DELAY IN D
ADMIN OF JUSTCE

208
PROSECUTION OF OFFENSES; NEGLIGENCE AND
TOLERANCE
209
BETRAYAL OF TRUST BY AN ATTORNEY OR SOLICITOR
- Any judge who shall
knowingly render an
unjust judgment in any
case submitted to him
for decision, shall be
punished by prision
mayor and perpetual
absolute
disqualification.
- Any judge who, by
reason of
inexcusable
negligence or
ignorance shall
render a manifestly
unjust judgment in
any case submitted
to him for decision
shall be punished by
arresto mayor and
temporary special
disqualification.
- Any judge who shall
knowingly render an
unjust interlocutory
order or decree shall
suffer the penalty
of arresto mayor in its
minimum period and
suspension; but if he
shall have acted by
reason of inexcusable
negligence or
ignorance and the
interlocutory order or
decree be manifestly
unjust, the penalty
shall be suspension.
- The penalty of
prision
correccional in its
minimum period
shall be imposed
upon any judge
guilty of malicious
delay in the
administration of
justice.
- The penalty of prision correccional in its
minimum period and suspension shall be
imposed upon any public officer, or officer of
the law, who, in dereliction of the duties of his
office, shall maliciously refrain from instituting
prosecution for the punishment of violators of
the law, or shall tolerate the commission of
offenses.
- Revelation of secrets. - In addition to the proper
administrative action, the penalty of prision
correccional in its minimum period, or a fine ranging
from 200 to 1,000 pesos, or both, shall be imposed
upon any attorney-at-law or solicitor ( procurador
judicial) who, by any malicious breach of professional
duty or of inexcusable negligence or ignorance, shall
prejudice his client, or reveal any of the secrets of the
latter learned by him in his professional capacity.
The same penalty shall be imposed upon an attorney-
at-law or solicitor (procurador judicial) who, having
undertaken the defense of a client or having received
confidential information from said client in a case, shall
undertake the defense of the opposing party in the
same case, without the consent of his first client.
Elements 1. That the offender
is a judge;
2. That he renders a
judgment in the
case submitted to
him for decision;
3. That the
judgment is
unjust; and
4. That the judge
knows that the
decision is unjust.

Unjust judgment is
one which is contrary
to law, or not
supported by the
evidence, or both. It
may result from:
1. error (w/ bad
faith)
2. ill-will or
revenge
3. bribery

1. That the
offender is a
judge;
2. That he renders
judgment in a
case submitted
to him for
decision;
3. That the
judgment is
manifestly
unjust; and
4. That it is due to
inexcusable
negligence or
ignorance.

1. That the offender
is a judge; and
2. That he performs
any of the
following acts:
(a) knowingly
renders an
unjust
interlocutory
order or
decree, or
(b) renders a
manifestly
unjust
interlocutory
order or decree
through
inexcusable
negligence or
ignorance.

1. That the
offender is a
judge;
2. That there is
a proceeding
in his court;
3. That he
delays the
administrati
on of
justice; and
4. That the
delay is
malicious.
Acts punishable:
1. By maliciously refraining from instituting
prosecution against violators of the law
2. By maliciously tolerating the commission
of Offenses

Elements:
1. That the offender is a public officer or
officer of the law who has a duty to
cause the prosecution of, or to
prosecute offenses;
2. That there is dereliction of the duties of
his office, that is, knowing the
commission of the crime, he does not
cause
(a) the prosecution of the criminal
(b) knowing that a crime is about to be
committed he tolerates its
commission; (If gift/promise is a
consideration for his conduct, crime
is direct bribery.) and
3. That the offender acts with malice and
deliberate intent to favor the violator of
the law.

Acts punishable:
1. Causing damage to client either
(a) by any malicious breach of professional
duty, or
(b) by inexcusable negligence or
ignorance.
2. Revealing any of the secrets of his client learned
by him in his professional capacity.
3. Undertaking the defense of the opposing party
in the same case, without the consent of his 1st
client, after having undertaken the defense of a
client or having received confidential
information from said client.

Penalties PM & Perpetual
Absolute
Disqualification (PAD)
A.Mayor &
Temorary Absolute
Disqualification
(TAD)
A.Mayor &
suspension

Suspension

PC in min PC in min prd & suspension In addition to administrative action, PC in min or a
fine ranging from P200 to P1000
Notes 1. A judgment is a
final consideration
and determination
by a court of
competent
jurisdiction of the
issues submitted
to it in an action
or proceeding.
2. There must be
evidence that the
decision rendered
is unjust. It is not
presumed.
3. Knowingly
deliberately or
maliciously,
conscious and
deliberate intent
to do an injustice;
(no liability if
error in good
faith)
4. Abuse of
discretion or mere
error of judgment
cannot likewise
serve as basis for
rendering an
unjust judgment
in the absence of
proof or an
allegation of bad
faith (motive or
improper
consideration).
1. MANIFESTLY
UNJUST
JUDGMENT
manifestly
contrary to law
that even a
person having
meager
knowledge of
law cannot
doubt the
injustice; not
abuse of
discretion or
mere error of
judgment
2. Abuse of
discretion or
mere error of
judgment,
where there is
no proof or
even allegation
of bad faith, or
ill motive, is not
punishable
1. INTERLOCUTORY
ORDER - one
issued by the
court deciding a
collateral or
incidental
matter; it is not
a final
determination of
the issues of the
action or
proceeding
2. Test in
Determining:
Does it leave
something to be
done in the trial
court with
respect to the
merits of the
case?
a) If it does:
interlocutory
b) It does not:
final
1. Mere delay
without
malice is not
punishable
2. Delay is
malicious if
there is
deliberate
intent to
inflict
damage on
either party
in the case.

1. Prevaricacion means the negligence and
tolerance in the prosecution of an
offense.
2. There must be a duty on the part of the
public officer to prosecute or move for
the prosecution of the offender.
However, a fiscal is under no
compulsion to file an information based
upon a complaint if he is convinced that
the evidence before him is insufficient to
warrant filing an action in court.
3. The crime must be proved first before
an officer can be convicted of dereliction
of duty.
4. Maliciously signifies deliberate evil
intent; a dereliction of duty caused by
poor judgment or honest mistake is not
punishable.
5. A public officer who harbors, conceals,
or assists in the escape of an offender,
when it is his duty to prosecute him, is
liable as principal in the crime of
dereliction of duty in the prosecution of
offenses. He is not an accessory.
6. This article not applicable to revenue
officers.
1. In par. 1, there must be damage to
the client
2. Par 2, damage is not necessary
3. In par 3, if the client consent to the
attorneys taking of the defense of the
other party, there is no crime
4. Procurador Judicial : a person who had
some practical knowledge of law, and
is permitted to represent a party in a
case before an inferior court




Section Two. - Bribery
Crime 210
DIRECT BRIBERY
211
INDIRECT BRIBERY
211-A
QUALIFIED BRIBERY
212
CORRUPTION OF PUBLIC OFFICIALS
- Any public officer who shall agree to perform an act constituting a crime, in connection with the
performance of this official duties, in consideration of any offer, promise, gift or present received
by such officer, personally or through the mediation of another, shall suffer the penalty of prision
mayor in its medium and maximum periods and a fine of not less than the value of the gift and]
not less than three times the value of the gift in addition to the penalty corresponding to the crime
agreed upon, if the same shall have been committed.
If the gift was accepted by the officer in consideration of the execution of an act which
does not constitute a crime, and the officer executed said act, he shall suffer the same penalty
provided in the preceding paragraph; and if said act shall not have been accomplished, the
officer shall suffer the penalties of prision correccional, in its medium period and a fine of not less
than twice the value of such gift.
If the object for which the gift was received or promised was to make the public officer
refrain from doing something which it was his official duty to do, he shall suffer the penalties of
prision correccional in its maximum period and a fine of not less than the value of the gift and not
less than three times the value of such gift.
In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the
penalty of special temporary disqualification.
The provisions contained in the preceding paragraphs shall be made applicable to assessors,
arbitrators, appraisal and claim commissioners, experts or any other persons performing public
duties. (As amended by Batas Pambansa Blg. 871, approved May 29, 1985).

- The penalties of prision
correccional in its medium
and maximum periods,
and public censure shall
be imposed upon any
public officer who shall
accept gifts offered to him
by reason of his office. (As
amended by Batas
Pambansa Blg. 871,
approved May 29, 1985).
- If any public officer is
entrusted with law
enforcement and he
refrains from arresting or
prosecuting an offender
who has committed a crime
punishable by reclusion
perpetua and/or death in
consideration of any offer,
promise, gift or present, he
shall suffer the penalty for
the offense which was not
prosecuted.
If it is the public officer who
asks or demands such gift or
present, he shall suffer the
penalty of death. (As
added by Sec. 4, RA No.
7659).
- The same penalties imposed upon
the officer corrupted, except those of
disqualification and suspension, shall
be imposed upon any person who
shall have made the offers or promises
or given the gifts or presents as
described in the preceding articles.
Elements Acts Punishable
1. By agreeing to perform or by performing, in consideration of any offer, promise, gift or
present- an act constituting a crime, in connection with the performance of this official
duties;
2. By accepting a gift in consideration of the execution of an act which does not constitute a
crime, in connection with the performance of this official duties;
3. By agreeing to refrain, or by refraining from doing something which it was his official duty to
do,in consideration of a gift or a promise.

Elements
(1) That the offender be a public officer; (w/n scope of Art 203)
(2) That the offender accepts an offer or promise or receives a gift or present by himself or
through another;
(3) That such offer or promise be accepted or gift/present received by the public officer
(Mere agreement consummates the crime and delivery of consideration is not necessary) -
(a) with a view to committing some crime;
(b) in consideration of an execution of an act which does not constitute a crime, but
the act must be unjust; (contemplates an accepted gift, and an overt act)
(c) to refrain from doing something which is his official duty to do; (should not be a
crime)
(4) That the act which the offender agrees to perform or which he executes be connected with
the performance of his official duties. (need not be a statutory duty)


1. That the offender is a
public officer;
2. That he accepts gifts;
and
3. That the said gifts are
offered to him by
reason of his office.


1. That the offender is a
public officer entrusted
with law enforcement;
2. That he refrains from
arresting/prosecuting
offender for crime
punishable by reclusion
perpetua and/or death
(if lower penalty than
stated above, direct
bribery is the crime);
and
3. In consideration of any
offer, promise or gift.
1. That the offender makes offers or
promises or gives gifts or presents
to a public officer; and
2. That the offers or promises are
made or the gifts or presents
given to a public officer, under
circumstances that will make the
public officer liable for direct
bribery or indirect bribery.

210
DIRECT BRIBERY
211
INDIRECT BRIBERY
211-A
QUALIFIED BRIBERY
212
CORRUPTION OF PUBLIC OFFICIALS
Penalties PM in med & max prds & a fine [of not less than the value of the gift and] not less than 3x the
value of the gift in addition to the penalty corresponding to the crime agreed upon nd Special
Temporary Disqualification: if same crime shall have been committed; if the act does not
constitute a crime and officer executed the act

PC in med pd & a fine of not less than 2x the value of such gift.
of the gift and & STD if act shall not have been accomplished.

A.Mayor suspension in min
& med & public censure

No attempted or frustrated
indirect bribery
penalty for offense w/c was
not prosecuted (par 1, Elmt
1&2)

Death: it is the public officer
who asks or demands for gift
or present
same penalties imposed upon the
officer corrupted, except
disqualification and suspension
Notes 1. For purposes of this article, temporary performance of public functions is sufficient to
constitute a person a public officer. A private person may commit this crime only in the case
in which custody of prisoners is entrusted to him.
2. Applicable also to assessors, arbitrators, appraisal and claim commissioners, experts or any
other person performing public duties.
3. This felony cannot be frustrated. It may only be attempted or consummated.
4. Actual receipt of the gift is not necessary. An accepted offer or promise of a gift is sufficient.
5. However, if the offer is not accepted, only the person offering the gift is liable for attempted
corruption of a public officer.
6. The gift must have a value or be capable of pecuniary estimation. It could be in the form of
money, property or services.
7. If the act required of the public officer amounts to a crime and he commits it, he shall be
liable for the penalty corresponding to the crime.
8. The crime of bribery cannot be complexed with or absorbed by other crimes as the penalty
for bribery is in addition to the penalties for those other crimes.
9. The third type of bribery and prevaricacion (art 208) are similar offenses, both consisting of
omissions to do an act required to be performed.
10. In direct bribery however, a gift or promise is given in consideration of the omission. This
element is not necessary in prevaricacion.

Bribery exists when the gift is:
(1) voluntarily offered by a private person
(2) solicited by the public officer and voluntarily delivered by the private person
(3) solicited by the public officer but the private person delivers it out of fear of the
consequences should the public officer perform his functions (Here, the crime by the giver is
not corruption of public officials due to his involuntariness.)

Direct bribery Distinguished from Indirect Bribery
1. In both, the public officer receives a gift
2. In direct bribery, there is an agreement b/n the public officer and the giver; in
indirect bribery, usually, no such agreement exists.
3. In direct bribery, Officer agrees to perform or refrain from doing an act; in
indirect bribery, it is not necessary that the officers do an act, as it is enough
that he accepts the gifts by virtue of his office

Prevarication(208) distinguished from Bribery
1. Both are committed by refraining doing something w/c pertains to the official duty
of the officer
2. In bribery, the omission is for consideration of a gift or promise, while in prevarication,
this is not necessary.
(1) The gift is given in
anticipation of future
favor from the public
officer.
(2) There must be clear
intention on the part
of the public officer to
take the gift offered
and consider the
property as his own for
that moment. Mere
physical receipt
unaccompanied by
any other sign,
circumstance or act
to show such
acceptance is not
sufficient to convict
the officer.
(3) Public officers
receiving gifts and
private persons giving
gifts on any occasion,
including Christmas,
are liable under PD 46.
(4) The criminal penalty or
imprisonment is
distinct from the
administrative penalty
of suspension from the
service.
1. The offender is the giver of the gift
or the offer or of the promise. The
act may or may not be
accomplished.
2. Officer is not liable unless, he
accepts the gift or consents
3. Bribery is usually proved by
evidence acquired in entrapment
4. Under PD 749, givers of bribes and
other gifts as well as accomplices
in bribery and other graft cases
are immune from prosecution if
they voluntarily give any
information about any
commission of direct, indirect,
and qualified bribery, and any
corruption of public officials,
provided that:
1. The information must refer to
consummated violations of any
of the above-mentioned
provisions of law, rules and
regulations
2. Information and testimony are
necessary for the conviction of
the accused public officer, not
in possession of the State, and
can be corroborated on its
material points
3. Informant or witness has not
been previously convicted of a
crime involving moral turpitude
4. Immunity shall not attach should
the information and/or
testimony is false and malicious
or made only for the purpose of
harassing, molesting or in any
way prejudicing the public
officer denounced
Chapter Three
FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS
Crime 213
FRAUDS AGAINST THE PUBLIC TREASURY AND SIMILAR OFFENSES
214
OTHER FRAUDS
215
prohibited transactions
216
POSSESSION OF PROHIBITED INTEREST
BY A PUBLIC OFFICER
- The penalty of prision correccional in its medium period to prision mayor in its minimum period, or
a fine ranging from 200 to 10,000 pesos, or both, shall be imposed upon any public officer who:
1. In his official capacity, in dealing with any person with regard to furnishing supplies, the
making of contracts, or the adjustment or settlement of accounts relating to public property
or funds, shall enter into an agreement with any interested party or speculator or make use of
any other scheme, to defraud the Government;
2. Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be guilty or
any of the following acts or omissions:
a) Demanding, directly, or indirectly, the payment of sums different from or larger than
those authorized by law.
b) Failing voluntarily to issue a receipt, as provided by law, for any sum of money
collected by him officially.
c) Collecting or receiving, directly or indirectly, by way of payment or otherwise things
or objects of a nature different from that provided by law.
When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of
Customs, the provisions of the Administrative Code shall be applied.

- In addition to the
penalties prescribed in
the provisions of Chapter
Six, Title Ten, Book Two,
of this Code, the penalty
of temporary special
disqualification in its
maximum period to
perpetual special
disqualification shall be
imposed upon any
public officer who,
taking advantage of his
official position, shall
commit any of the
frauds or deceits
enumerated in said
provisions.
- The penalty of prision
correccional in its maximum
period or a fine ranging from
200 to 1,000 pesos, or both,
shall be imposed upon any
appointive public officer who,
during his incumbency, shall
directly or indirectly become
interested in any transaction
of exchange or speculation
within the territory subject to
his jurisdiction.
- The penalty of arresto mayor in its
medium period to prision correccional
in its minimum period, or a fine ranging
from 200 to 1,000 pesos, or both, shall
be imposed upon a public officer who
directly or indirectly, shall become
interested in any contract or business
in which it is his official duty to
intervene.
This provisions is applicable to experts,
arbitrators and private accountants
who, in like manner, shall take part in
any contract or transaction
connected with the estate or property
in appraisal, distribution or
adjudication of which they shall have
acted, and to the guardians and
executors with respect to the property
belonging to their wards or estate.
Elements A. FRAUDS AGAINST PUBLIC TREASURY (par 1)
1. That the offender be a public officer;
2. That he should have taken advantage of his office, that is, he intervened in the
transaction in his official capacity;
3. That he entered into an agreement with any interested party or speculator or made use
of any other scheme with regard to
(a) furnishing supplies
(b) the making of contracts, or
(c) the adjustment or settlement of account relating to a public property or funds; and
4. That the accused had intent to defraud the government.


B. ILLEGAL EXACTIONS (par 2)

1. The offender is a public officer entrusted with the collection of taxes, licenses, fees and
other imposts; and
2. That he is guilty of any of the following acts or omissions;
(a) demanding, directly or indirectly the payment of sums different from or larger than
those authorized by law, or
(b) failing voluntarily to issue a receipt, as provided by law, for any sum of money
collected by him officially, or
(c) collecting or receiving, directly or indirectly, by way of payment or otherwise, things or
objects of a nature different from that provided by law.
1. That the offender is
a public officer;
2. That he takes
advantage of his
official position; and
3. That he commits
any of the frauds or
deceits enumerated
in art. 315 and 316.
1. That the offender is an
appointive public officer;
2. That he becomes
interested, directly or
indirectly, in any
transaction of exchange
or speculation;
3. That the transaction takes
place within the territory
subject to his jurisdiction;
and
4. That he becomes
interested in the
transaction during his
incumbency.

Examples of Appointive Public
Officer:
-justices, judges or fiscals,
employees engaged in
collection & administration of
public funds
WHO ARE LIABLE:
1. Public officer who became
interested in any contract or
business in which it is his official
duty to intervene.
2. Experts, arbitrators and private
accountants who took part in any
contract or transaction
connected with the estate or
property in the approval,
distribution or adjudication of
which they had acted.
3. Guardians and executors with
respect to property belonging to
their wards or the estate.
-
213
FRAUDS AGAINST THE PUBLIC TREASURY AND SIMILAR OFFENSES
214
OTHER FRAUDS
215
prohibited transactions
216
POSSESSION OF PROHIBITED INTEREST
BY A PUBLIC OFFICER
Penalties PC in med to PM in min or a fine ranging from P200 to P10,000

Provisions of the Administrative Code- when
culprit is an officer or employee of the BIR or BOC
In addition to the
penalties prescribed in
the provisions of Ch 6,
Title 10, Book Two, of this
Code, the penalty of TSD
in max to PSD

PC in min or a fine ranging
from P200 to P1000 or both
A.Mayor in med to PC min pd or a fine
ranging from P200 to P1000 or both
Notes 1. The public office must act in his official capacity (it is his duty)
2. The crime of fraud against public treasury is consummated by merely entering into an
agreement with any interested party or speculator or by merely making use of any scheme
to defraud the Government.
3. Mere demand of a larger or different amount is sufficient to consummate the crime. The
essence is the improper collection and damage to the government is not required.
4. Collecting officer must issue official receipt
5. If sums are received without demanding the same, a felony under this article is not
committed. However, if the sum is given as a sort of gift or gratification, the crime is indirect
bribery.
6. When there is deceit in demanding larger fees, the crime committed is estafa.
7. This felony may be complexed with malversation. Ex. A tax collector who collected a sum
larger than that authorized by law and spent all of them is guilty of two crimes, namely:
(1)illegal exaction, for demanding a greater amount; and (2) malversation for
misappropriating the amount collected.
8. A public officer who has the duty to collect taxes is directly accountable to the Government
for money he collected since such money acquires the character of a public fund.
9. Officers and employees of the BIR or Customs are not covered by this article but by the NIRC
or the Administrative

1. Public Officer must
take advantage of
his position
2. Frauds & Deceits
enumerated in Ch
6, Title 10, Book Two,
of this Code;
a. Estafa
b. Other forms of
swindling
c. Swindling a minor
d. Other deceits
3. RTC has jurisdiction
over the offense
because the
principal penalty is
disqualification.
1. The transaction must be
one of exchange or
speculation
2. Examples of transactions
of exchange or
speculation are buying
and selling stocks,
commodities, land, etc.
wherein one hopes to
take advantage of an
expected rise or fall in
price - for gain or profit
and not merely as
investment
3. Purchasing of stocks or
shares in a company is
simple investment and
not a violation of the
article. However, regularly
buying securities for resale
is speculation.
4. Appointive public officials
should not devote himself
to commerce

1. Actual fraud is not necessary
2. Intervention must be by virtue of
public office held, otherwise, the
official cannot commit crime
defined in this article
3. Act is punished because of the
possibility that fraud may be
committed or that the officer may
place his own interest above that
of the Government or of the party
which he represents.
4. Constitutional prohibitions exist
- Congress: cannot personally
appear as counsel, cannot be
interested financially in any
franchise or special privilege
granted by government,
cannot intervene in any
matter before office of
Government
- Executive cannot hold any
other office
- Constitutional Commission
cannot hold any other office,
engage in practice of
profession





Chapter Four
MALVERSATION OF PUBLIC FUNDS OR PROPERTY
217
malversation
of public
funds or
property;
presumption
of
malversation
- Any public officer who, by reason of the duties
of his office, is accountable for public funds or
property, shall appropriate the same or shall
take or misappropriate or shall consent, through
abandonment or negligence, shall permit any
other person to take such public funds, or
property, wholly or partially, or shall otherwise be
guilty of the misappropriation or malversation of
such funds or property, shall suffer:
1. The penalty of prision correccional in its
medium and maximum periods, if the
amount involved in the misappropriation or
malversation does not exceed two
hundred pesos.
2. The penalty of prision mayor in its minimum
and medium periods, if the amount
involved is more than two hundred pesos
but does not exceed six thousand pesos.
3. The penalty of prision mayor in its maximum
period to reclusion temporal in its minimum
period, if the amount involved is more than
six thousand pesos but is less than twelve
thousand pesos.
4. The penalty of reclusion temporal, in its
medium and maximum periods, if the
amount involved is more than twelve
thousand pesos but is less than twenty-two
thousand pesos. If the amount exceeds the
latter, the penalty shall be reclusion
temporal in its maximum period to reclusion
perpetua.
In all cases, persons guilty of malversation shall
also suffer the penalty of perpetual special
disqualification and a fine equal to the amount
of the funds malversed or equal to the total
value of the property embezzled.
The failure of a public officer to have duly
forthcoming any public funds or property with
which he is chargeable, upon demand by any
duly authorized officer, shall be prima facie
evidence that he has put such missing funds or
property to personal use. (As amended by RA
1060).

Acts Punishable:
1. By appropriating public funds or
property
2. By taking or misappropriating
the same;
3. By consenting or thru
abandonment or negligence,
permitting any other person to
take such public funds or
property
4. By being otherwise guilty of the
misappropriation or malversation
of such funds of property

Elements
1. That the offender be a public officer
(or private person if entrusted with
public funds or if in connivance with
public officers);
2. That he had the custody or control
of funds or property (if not
accountable for the funds, crime
committed is theft or qualified theft);
3. That those funds or property were
public funds or property (even if
private funds, they become public if
attached, seized, deposited or
commingled with public funds); and
4. That he
(a) Appropriated the funds or
property
(b) Took or misappropriated
them
(c) Consented or, through
abandonment or
negligence, permitted any
other person to take such
public funds or property.

Embezzlement: also called malversation
PC in med &
max pds- if
amount does
not exceed
P200.

PM in min &
med pds- if
amount is
more than
P200 but
does not
exceed
P6000.

PM in max
pd to RT in
min pd- if
amount is
more than
P6000 but
less than
P12,000

RT in med &
max pds- if
the amount
is more than
P12,000 but
less than
P22,000.

RT in max to
RP if amount
exceed
P22,000

1. The offender must be a public offier
2. In determining whether the offender is a public officer, what is controlling is the
nature of his office and not the designation contemplates public officer who
receives money or property from government for which he is bound to
account, must have authority to collect or receive
3. It is not necessary that the offender profited by his malversation. His being remiss
in the duty of safekeeping public funds violates the trust reposed.
4. Public funds taken need not be misappropriated.
5. It can be committed either with malice or through negligence or imprudence
(penalty is the same).
6. The funds or property must be received in an official capacity. Otherwise, the
crime committed is estafa.
7. Government funds include revenue funds and trust funds. If funds or property
placed in custody of public officer, and they are accountable, such funds or
property partake nature of a public fund.
8. A public officer who has qualified charge of govt property without authority to
part with its physical possession upon order of an immediate superior cannot be
held liable under this article.
9. A qualified charge of properties does not qualify to possession contemplated in
the crime of malversation where the possessor is only accountable to his
immediate superior and not the government; his superior is the one
accountable to the government
10. Private individuals can also be held liable for malversation under 2
circumstances:
1. when they are in conspiracy with public officers; and
2. when they have charge of national, provincial or municipal funds,
revenues or property in any capacity.
11. In malversation through negligence, the negligence of the accountable public
officer must be positively and clearly shown to be inexcusable, approximating
fraud or malice. The measure of negligence to be observed is the standard of
care commensurate with the occasion.
12. When malversation is not committed through negligence, lack of criminal intent
or good faith is a defense.
13. The failure of a public officer to have any duly forthcoming public funds or
property upon demand, by any authorized officer, shall be prima facie
evidence that he has put such missing funds or property to personal use.
However, if at the very moment when the shortage is discovered, the
accountable officer is notified, and he immediately pays the amount from his
pocket, the presumption does not arise.
14. Returning the embezzled funds is not an exempting circumstance but only
mitigating.
15. There is also no malversation when the accountable officer is obliged to go out
of his office and borrow the amount corresponding to the shortage and later,
the missing amount is found in an unaccustomed place.
16. A person whose negligence made possible the commission of malversation by
another can be held liable as a principal by indispensable cooperation.
17. Demand by or damage to the government are not necessary elements of the
crime of malversation.
218
FAILURE OF
ACCOUNTAB
LE OFFICER
TO RENDER
ACCOUNTS
- Any public officer, whether in the service or
separated therefrom by resignation or any other
cause, who is required by law or regulation to
render account to the Insular Auditor, or to a
provincial auditor and who fails to do so for a
period of two months after such accounts
should be rendered, shall be punished by prision
correccional in its minimum period, or by a fine
ranging from 200 to 6,000 pesos, or both.
1. That the offender is a public officer,
whether in the service or separated
therefrom;
2. That he must be an accountable
officer for public funds or property;
3. That he is required by law or
regulation to render accounts to the
Commission on Audit, or to a
provincial auditor; and
4. That he fails to do so for a period of
two months after such accounts
should be rendered.
PC in min or
a finre
ranging from
P200 to
P6,000 or
both
1. Demand and misappropriation are not necessary.
2. Failure to render account is punished: performance of his duties
219
FAILURE TO
RENDER
ACCOUNTS
BEFORE
LEAVING THE
COUNTRY
- Any public officer who unlawfully leaves or
attempts to leave the Philippine Islands without
securing a certificate from the Insular Auditor
showing that his accounts have been finally
settled, shall be punished by arresto mayor, or a
fine ranging from 200 to 1,000 pesos or both.
1. That the offender is a public officer;
2. That he must be an accountable
officer for public funds or property;
and
3. That he must have unlawfully left (or
be on the point of leaving) the
Philippines without securing from the
Commission on Audit a certificate
showing that his accounts have
been finally settled.

A.Mayor or
fine ranging
from P200 to
P1000 or
both
The act of leaving the Philippines must be unauthorized or not permitted by
law.

220
ILLEGAL USE
OF PUBLIC
FUNDS OR
PROPERTY
- Any public officer who shall apply any public
fund or property under his administration to any
public use other than for which such fund or
property were appropriated by law or
ordinance shall suffer the penalty of prision
correccional in its minimum period or a fine
ranging from one-half to the total of the sum
misapplied, if by reason of such misapplication,
any damages or embarrassment shall have
resulted to the public service. In either case, the
offender shall also suffer the penalty of
temporary special disqualification.
If no damage or embarrassment to the public
service has resulted, the penalty shall be a fine
from 5 to 50 per cent of the sum misapplied.

ELEMENTS OF TECHNICAL MALVERSATION:

1. That the offender is a public officer;
2. That there is public fund or property
under his administration;
3. That such public fund or property
has been appropriated by law or
ordinance (without this, it is simple
malversation) ; and
4. That he applies the same to a public
use other than for which such fund
or property has been appropriated
by law or ordinance.
.

PC in min or
a fine
ranging from
of total of
the sum
misapplied
w/ TSD- if
damages or
embarrassm
ent resulted

fine from 5 to
50% of total
value: if no
damage or
embarrassm
ent resulted


1. Public funds or property must be appropriated bylaw or ordinance for a
particular purpose
2. Absence of damage is only a mitigating circumstance
3. Technical malversation distinguished from Malversation (Art 217)
a. In both crimes, the offenders are accountable public officers
b. in illegal use of public funds or property, the offender does not derive any
personal gain, the funds are merely devoted to some other public use; in
malversation, the offender in certain cases profits from the proceeds of the
crime
c. In illegal use, the funds or property is applied to another public use; in
malversation, the public fund or property is applied to the personal use &
benefit of the offender or of another person.
221
FAILURE TO
MAKE
DELIVERY OF
PUBLIC
FUNDS OR
PROPERTY
- Any public officer under obligation to make
payment from Government funds in his
possession, who shall fail to make such
payment, shall be punished by arresto
mayor and a fine from 5 to 25 per cent of the
sum which he failed to pay.
This provision shall apply to any public officer
who, being ordered by competent authority to
ACTS PUNISHED:
1. By failing to make payment by a
public officer who is under
obligation to make such payment
from Government funds in his
possession
2. By refusing to make delivery by a
public officer who has been
ordered by competent authority to
.A.Mayor &
a fine from 5-
25% per
cent of the
sum he failed
to pay.

Under 2
nd

par., fine
1. Refusal to make delivery of property must be MALICIOUS
2. Penalty is based on value of funds/property to be delivered









deliver any property in his custody or under his
administration, shall refuse to make such
delivery.
The fine shall be graduated in such case by the
value of the thing, provided that it shall not less
than 50 pesos.

deliver any property in his custody or
under his administration (must be
malicious)

ELEMENTS
1. That the public officer has govt.
funds or property in his possession.
2. That he is under obligation to either:
(a) make payment from such
funds, or
(b) to deliver property in his
custody or administration
when ordered by
competent authority; and
3. That he maliciously fails or refuses to
do so.
shall be
graduated
by value of
thing,
provided
that it shall
not less than
P50

222
OFFICERS
INCLUDED IN
THE
PRECEDING
PROVISIONS
- The provisions of this chapter shall apply to
private individuals who in any capacity
whatever, have charge of any insular, provincial
or municipal funds, revenues, or property and to
any administrator or depository of funds or
property attached, seized or deposited by
public authority, even if such property belongs
to a private individual.
Private Individuals who may be LIABLE
UNDER ART. 217 TO 221:
1. Private individual who, in any
capacity, have charge of any
national, provincial or municipal
funds, revenue, or property.
Example: a withholding tax agent
2. Administrator or depositary of funds
or property that has been attached,
seized or deposited by public
authority, even if owned by a
private individual.
Provisions of
this chapter
shall apply
1. Purpose: to extend provisions of this Code on malversation to private
individuals
2. Sheriffs and receivers fall under the term administrator
3. Judicial administrator not covered by this article.(Appointed to administer
estate of deceased and not in charge of property attached, impounded or
placed in deposit by public authority)
4. Private property is included if it is attached, seized or deposited by public
authority.
Chapter Five
INFIDELITY OF PUBLIC OFFICERS
Section One. - Infidelity in the custody of prisoners
Crime 223
CONNIVING WITH OR CONSENTING TO EVASION
224
EVASION THROUGH NEGLIGENCE
225
ESCAPE OF PRISONER UNDER THE CUSTODY OF A
PERSON NOT A PUBLIC OFFICER
- Any public officer who shall consent to the escape of a prisoner in his custody or charge,
shall be punished:
1. By prision correccional in its medium and maximum periods and temporary special
disqualification in its maximum period to perpetual special disqualification, if the
fugitive shall have been sentenced by final judgment to any penalty.
2. By prision correccional in its minimum period and temporary special disqualification,
in case the fugitive shall not have been finally convicted but only held as a
detention prisoner for any crime or violation of law or municipal ordinance.
- If the evasion of the prisoner shall have taken
place through the negligence of the officer
charged with the conveyance or custody of the
escaping prisoner, said officer shall suffer the
penalties of arresto mayor in its maximum period to
prision correccional in its minimum period and
temporary special disqualification.
- Any private person to whom the conveyance or
custody or a prisoner or person under arrest shall
have been confided, who shall commit any of the
offenses mentioned in the two preceding articles,
shall suffer the penalty next lower in degree than
that prescribed for the public officer.
Elements 1. That the offender is a public officer (on duty);
2. That he is charged with the conveyance or custody of a prisoner, either detention
prisoner or prisoner by final judgment;
3. That such prisoner escaped from his custody; and
4. That he was in connivance with the prisoner in the latters escape.

Classes of prisoners involved:
1. Fugitive sentenced by final judgment to any penalty.
2. Fugitive held only as detention prisoner for any crime or violation of law or
municipal ordinace
1. That the offender is a public officer;
2. That he is charged with the conveyance or
custody of a prisoner, either detention prisoner
or prisoner by final judgment; and
3. That such prisoner escapes through his
negligence.




1. That the offender is a private person;
2. That the conveyance or custody of a
prisoner or person under arrest is confided
to him;
3. That the prisoner or person under arrest
escapes; and
4. That the offender consents to the escape
of the prisoner or person under arrest, or
that the escape takes place through his
negligence.

Penalties PC in med & max & TSD in max to PSD: sentenced by final judgment to any penalty.
PC in min & TSD- fugitive not finally convicted but only held as a detention prisoner

A.Mayor max to PC min & TSD penalty next lower in degree than that prescribed
for the public officer
Notes 1. Connivance w/ the prisoner in his escape is an indispensable element
2. DETENTION PRISONER - A person becomes a detention prisoner from the moment he is
booked. This refers to the accomplishment of the booking sheet and made to fill a
form (sic) where he is finger printed. From that time on, he is already a detention
prisoner even if he is not yet incarcerated. (ApostThe ol)
3. The release of a detention prisoner who could not be delivered to judicial authorities
within the time fixed by law is not infidelity in the custody of a prisoner.
4. Leniency or laxity in the performance of duty does not constitute of infidelity.
5. There is real and actual evasion of service of sentence when the custodian permits the
prisoner to obtain a relaxation of his imprisonment.
1. The article punishes a definite laxity which
amounts to deliberate non-performance of a
duty.
2. The fact that the public officer recaptured the
prisoner who had escaped from his custody
does not afford him complete exculpation.
3. The liability of an escaping prisoner:
(a) if he is a prisoner by final
judgment, he is liable for evasion
of service (art 157)
(b) if he is a detention prisoner, he
does not incur criminal liability
(unless cooperating with the
offender).
4. The negligent public officer suffers the same
penalty regardless of whether the prisoner is a
convict or merely a detention prisoner.
This article is not applicable if a private person
made the arrest and he consented to the
escape of the person he arrested.
Section Two. - Infidelity in the custody of document
Crime 226
REMOVAL, CONCEALMENT OR DESTRUCTION OF DOCUMENTS
227
OFFICER BREAKING SEAL
228
OPENING OF CLOSED
DOCUMENTS
- Any public officer who shall remove, destroy or conceal documents or papers officially entrusted to him, shall suffer:
1. The penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever serious damage shall have been caused
thereby to a third party or to the public interest.
2. The penalty of prision correccional in its minimum and medium period and a fine not exceeding 1,000 pesos, whenever
the damage to a third party or to the public interest shall not have been serious.
In either case, the additional penalty of temporary special disqualification in its maximum period to perpetual disqualification
shall be imposed.

- Any public officer charged with
the custody of papers or
property sealed by proper
authority, who shall break the
seals or permit them to be
broken, shall suffer the penalties
of prision correccional in its
minimum and medium periods,
temporary special
disqualification and a fine not
exceeding 2,000 pesos.
- Any public officer not included
in the provisions of the next
preceding article who, without
proper authority, shall open or
shall permit to be opened any
closed papers, documents or
objects entrusted to his custody,
shall suffer the penalties or arresto
mayor, temporary special
disqualification and a fine of not
exceeding 2,000 pesos.
Elements ELEMENTS OF INFIDELITY IN CUSTODY OF DOCUMENTS:
1. That the offender be a public officer;
2. That he abstracts, destroys or conceals a document or papers;
3. That the said document or paper should have been entrusted to such public officer by reason of his office; and
4. That damage, whether serious or not, to a third party or to the public interest should have been caused.

Acts punishable:
1. Removing, or
2. Destroying, or
3. Concealing, documents or papers officially entrusted to the offending public officer

1. That the offender is a public
officer;
2. That he is charged with the
custody of papers or
property;
3. That these papers or
property are sealed by
proper authority; and
4. That he breaks the seals or
permits them to be broken.
1. That the offender is a public
officer;
2. That any closed papers,
documents, or objects are
entrusted to his custody;
3. That he opens or permits to
be opened said closed
papers, documents or
objects; and
4. That he does not have proper
authority.
Penalties PM & a fine not exceeding P1,000- serious damage
PC in min & med & a fine not exceeding P1,000- damage not serious.
PC in min & med, TSD, & a fine
not exceeding P2000
A.Mayor, TSD & a fine not
exceeding P2000
Notes 1. The document must be complete and one by which a right could be established or an obligation could be extinguished.
2. Books, periodicals, pamphlets, etc. are not documents.
3. (documents) include Papers such as checks, promissory notes and paper money.
4. A post office official who retained the mail without forwarding the letters to their destination is guilty of infidelity in the
custody of papers.
5. Removal of a document or paper must be for an illicit purpose. There is illicit purpose when the intention of the offender is
to:
(a) tamper with it,
(b) to profit by it, or
(c) to commit any act constituting a breach of trust in the official care thereof.
6. Removal is consummated upon removal or secreting away of the document from its usual place. It is immaterial whether
or not the illicit purpose of the offender has been accomplished.
7. Infidelity in the custody of documents through destruction or concealment does not require proof of an illicit purpose.
8. Delivering the document to the wrong party is infidelity in the custody thereof.
9. The damage may either be great or small.
10. The offender must be in custody of such documents because of his official capacity.
11. Documents : written instrument by w/c something is proved or made or record

Infidelity in Custody of Document Distinguished from Malversation & Falsification
In malversation & falsification, the postmaster received money orders, signed as payee, collected and appropriated
the respective amounts; in infidelity in custody of documents, the postmaster receives letters/envelopes containing
money orders and MO not sent to the addressee, he cashes the same for his own benefit
1. It is the breaking of the seals
and not the opening of a
closed envelope which is
punished.
2. Damage or intent to cause
damage is not necessary;
damage is presumed.

1. Custody: guarding or
keeping safe
2. Closed documents must be
entrusted to the custody of
the accused by reason of his
office
3. Act should not fall under Art
227
4. Damage is not necessary.

Section Three. - Revelation of secrets
Crime Article 229. Revelation of secrets by an officer Article 230. Public officer revealing secrets of private
individual.
. - Any public officer who shall reveal any secret known to him by reason of his official capacity, or shall wrongfully deliver papers or
copies of papers of which he may have charge and which should not be published, shall suffer the penalties of prision correccional in
its medium and maximum periods, perpetual special disqualification and a fine not exceeding 2,000 pesos if the revelation of such
secrets or the delivery of such papers shall have caused serious damage to the public interest; otherwise, the penalties of prision
correccional in its minimum period, temporary special disqualification and a fine not exceeding 50 pesos shall be imposed.
- Any public officer to whom the secrets of any private
individual shall become known by reason of his office who
shall reveal such secrets, shall suffer the penalties of arresto
mayor and a fine not exceeding 1,000 pesos.

Elements Acts punishable:
1. Revealing any secrets known to the offending public officer by reason of his official capacity
2. Delivering wrongfully papers or copies of papers of w/h he may have charge and which should not be published

ELEMENTS OF 1 (secrets known by reason of his official capacity):
1. That the offender is a public officer;
2. That he knows of a secret by reason of his official capacity;
3. That he reveals such secret without authority or justifiable reasons; and
4. That damage, great or small, be caused to the public interest.

ELEMENTS OF 2 (wrongfully delivering papers or copies of papers of which he may have charge and which should not be published):
1. That the offender is a public officer;
2. That he has charge of papers;
3. That those papers should not be published;
4. That he delivers those papers or copies thereof to a 3
rd
person;
5. That the delivery is wrongful; and
6. That damage be caused to public interest.
1. That the offender is a public officer;
2. That he knows of the secret of a private individual by
reason of his office; and
3. That he reveals such secrets without authority or
justifiable reason.
Penalties
PC in med & max, PSD & a fine not exceeding P2,000- serious damage
PC in min, TSD & a fine not exceeding P500- not so serious

A.Mayor & fine not exceeding P1000
Notes
1. Secret must affect public interest.
2. Secrets of a private individual are not included.
3. Espionage for the benefit of another State is not contemplated by the article. If regarding military secrets or secrets affecting
state security, the crime may be espionage.
4. CHARGE means custody or control. If he is merely entrusted with the papers and not with the custody thereof, he is not liable
under this article.
5. Damage is essential to the act committed.

Revelation Distinguished from Infidelity
If the papers contain secrets which should not be published, and the public officer having charge thereof removes and delivers
them wrongfully to a third person, the crime is revelation of secrets. On the other hand, if the papers do not contain secrets, their
removal for an illicit purpose is infidelity in the custody of documents.

1. Revelation to one person is sufficient.
2. If the offender is an attorney, he is properly liable
under Art. 209 (betrayal of trust by an attorney).
3. Damage to private individual is not necessary.





Chapter Six
OTHER OFFENSES OR IRREGULARITIES BY PUBLIC OFFICERS

Crime 231
Open Disobedience
232
Disobedience to Order of Spr
Offcrs, when said Order Was
Suspended By Inferior Officer

233
Refusal of assistance
234
Refusal to discharge
elective office
235
Maltreatment of prisoners
- Any judicial or executive officer
who shall openly refuse to execute
the judgment, decision or order of
any superior authority made within
the scope of the jurisdiction of the
latter and issued with all the legal
formalities, shall suffer the penalties
of arresto mayor in its medium
period to prision correccional in its
minimum period, temporary
special disqualification in its
maximum period and a fine not
exceeding 1,000 pesos.
- Any public officer who,
having for any reason
suspended the execution of
the orders of his superiors,
shall disobey such superiors
after the latter have
disapproved the suspension,
shall suffer the penalties of
prision correccional in its
minimum and medium
periods and perpetual
special disqualification.
- The penalties of arresto mayor in
its medium period to prision
correccional in its minimum period,
perpetual special disqualification
and a fine not exceeding 1,000
pesos, shall be imposed upon a
public officer who, upon demand
from competent authority, shall fail
to lend his cooperation towards
the administration of justice or
other public service, if such failure
shall result in serious damage to the
public interest, or to a third party;
otherwise, arresto mayor in its
medium and maximum periods
and a fine not exceeding 500
pesos shall be imposed.

- The penalty
of arresto mayor or a
fine not exceeding
1,000 pesos, or both,
shall be imposed upon
any person who,
having been elected
by popular election to
a public office, shall
refuse without legal
motive to be sworn in
or to discharge the
duties of said office.
- The penalty of arresto mayor in its medium period to prision
correccional in its minimum period, in addition to his liability for the
physical injuries or damage caused, shall be imposed upon any
public officer or employee who shall overdo himself in the
correction or handling of a prisoner or detention prisoner under his
charge, by the imposition of punishment not authorized by the
regulations, or by inflicting such punishment in a cruel and
humiliating manner.
If the purpose of the maltreatment is to extort a confession, or to
obtain some information from the prisoner, the offender shall be
punished by prision correccional in its minimum period, temporary
special disqualification and a fine not exceeding 500 pesos, in
addition to his liability for the physical injuries or damage caused.

Elements 1. That the offender is a judicial
or executive officer;
2. That there is a judgment,
decision or order of superior
authority;
3. That such judgment, decision
or order was made within the
scope of the jurisdiction of the
superior authority and issued
with all the legal formalities;
and
4. That the offender without any
legal justification openly
refuses to execute the said
judgment, decision or under
which he is duty bound to
obey.
1. That the offender is a
public officer;
2. That an order is issued by
his superior for
execution;
3. That he has for any
reason suspended the
execution of such order;
4. That his superior
disapproves the
suspension of the
execution of the order;
and
5. That the offender
disobeys his superior
despite the disapproval
of the suspension.
1. That the offender is a public
officer;
2. That a competent authority
demands from the offender
that he lend his cooperation
towards the administration of
justice or other public service;
and
3. That the offender fails to do so
maliciously.


1. That the offender
is elected by
popular election
to a public office;
2. That he refuses to
be sworn in or
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
office.
1. That the offender is a public officer or employee;
2. That he has charge of a prisoner or detention prisoner
(otherwise the crime is physical injuries); and
3. That he maltreats such prisoner in either of the following
manners:
(a) by overdoing himself in the correction or handling of a
prisoner or detention prisoner under his charge either
I. by the imposition of punishments not authorized by
the regulations, or
II. by inflicting such punishments (those authorized) in
a cruel and humiliating manner, or
III. by maltreating such prisoner to extort a confession or
to obtain some information from the prisoner.

Penalties
A.Mayor in med to PC in min, TSD
in max & a fine not exceeding
P1,000


PC in min & med & PSD

A.Mayor in med to PC in min, PSD
& a fine not exceeding P1,000:
serious damage

A. Mayor in med & max & a fine
not exceeding P500: not so serious
damage

A.Mayor or fine not
exceeding P1000

PC in med to PM in min, in addition to his liability for the physical
injuries or damage caused, under Par 1


PM in min, TSD & a fine not exceeding P600 in addition to his
liability for the physical injuries or damage caused.
Notes Judgment should have been
rendered in a hearing and issued
within proper jurisdiction and with
all required legal solemnities.
1. Reason for the Provision:
superior officer may
sometimes err, & that
orders may proceed
from a mistaken
judgment
2. A public officer is not
liable if the order of the
superior is illegal.

1. This felony involves a request
from one public officer to
another.
2. Damage to the public interest
or third party is essential.
3. Demand is necessary.
4. Demand must be from
competent authority
1. Reason why it is
punished: it is a
matter of duty,
not only a right
2. If the elected
person is
disqualified, his
refusal to be
sworn in or to
discharge the
duties of the
office is justified.
3. Refusal to
discharge the
duties of an
appointive office
is not covered by
this article.
1. The public officer must have actual charge of the prisoner in
order to be held liable (not merely by legal fiction)
2. Offended party: Convict by final judgment or detention
prisoner
3. To be considered a detention prisoner, the person arrested
must be placed in jail even for just a short time.
4. Maltreatment must not due to personal grudge.
5. Offender may also be held liable for physical injuries or
damage caused.
6. No complex crime of maltreatment with serious or less serious
physical injuries.
(Penalty provided in Article 235 is imposed in addition to penalty
for injury or damage caused)




























Section Two. - Anticipation, prolongation and abandonment of the duties and powers of public office.

Crime 236
Anticipation of duties of a public office
237
Prolonging performance of duties and powers
238
Abandonment of office or position
- Any person who shall assume the
performance of the duties and powers of any
public officer or employment without first
being sworn in or having given the bond
required by law, shall be suspended from
such office or employment until he shall have
complied with the respective formalities and
shall be fined from 200 to 500 pesos.
- Any public officer shall continue to exercise the
duties and powers of his office, employment or
commission, beyond the period provided by law,
regulation or special provisions applicable to the
case, shall suffer the penalties of prision
correccional in its minimum period, special
temporary disqualification in its minimum period
and a fine not exceeding 500 pesos.
- Any public officer who, before the acceptance of his resignation, shall abandon his office to the
detriment of the public service shall suffer the penalty of arresto mayor.
If such office shall have been abandoned in order to evade the discharge of the duties of
preventing, prosecuting or punishing any of the crime falling within Title One, and Chapter One of
Title Three of Book Two of this Code, the offender shall be punished by prision correccional in its
minimum and medium periods, and by arresto mayor if the purpose of such abandonment is to
evade the duty of preventing, prosecuting or punishing any other crime.

Elements 1. That the offender is entitled to hold a
public office or employment, either by
election or appointment;
2. That the law requires that he should first
be sworn in and/or should first give a
bond;
3. That he assumes the performance of the
duties and powers of such office; and
4. That he has not taken his oath of office
and/or given the bond required by law.
1. That the offender is a public officer
2. That he formally resigns from his position
3. That his resignation has not yet been
accepted
4. That he abandons his office to the detriment
of the public office

Qualifying Circumstances
Preventing, prosecuting, or punishing any of
the crimes falling w/n Title 1, & Ch. 1of Title 3
of Book 2 of this Code
1. That the offender is holding a public office;
2. That the period provided by law, regulations or special provisions for holding such office has
already expired; and
3. That he continues to exercise the duties and powers of such office.
Penalties suspended until complied w/ formalities &
fine P200 to P500
PC min & TSD min & fine not exceeding P500 A.Mayor: to detriment of public service

PC in min & med & A.mayor: if to evade duty of preventing, prosecuting or punishing.

Notes The article contemplates officers who have been
suspended, separated, declared over-aged or
dismissed
1. There must be a written or formal resignation
2. Abandonment Distinguished from Negligence & Tolerance in prosecution of offenses(art 208)
(a) Abandonment of office or position is committed by any public officer; in negligence &
tolerance in the prosecution of offenses is committed only by public officers, who have
the duty to institute prosecution for the punishment of violations of the law.
(b) In abandonment, public officer abandons office to evade the discharge of duties; in
Art 208, public officer does not abandon his office but fails to prosecute an offense by
dereliction of duty or by malicious tolerance of the commission of offense












Section Three. - Usurpation of powers and unlawful appointments

Crime 239
Usurpation of legislative
powers
240
Usurpation of executive
functions
241
Usurpation of judicial functions
242
Disobeying request for
disqualification
243
Orders or requests by
executive officers to any
judicial authority
244
Unlawful appointments
The penalties of prision
correccional in its minimum
period, temporary special
disqualification and a fine not
exceeding 1,000 pesos, shall
be imposed upon any public
officer who shall encroach
upon the powers of the
legislative branch of the
Government, either by making
general rules or regulations
beyond the scope of his
authority, or by attempting to
repeal a law or suspending the
execution thereof.
Any judge who shall assume
any power pertaining to the
executive authorities, or shall
obstruct the latter in the lawful
exercise of their powers, shall
suffer the penalty of arresto
mayorin its medium period to
prision correccional in its
minimum period.
The penalty of arresto mayor in
its medium period to prision
correccional in its minimum
period and shall be imposed
upon any officer of the
executive branch of the
Government who shall assume
judicial powers or shall obstruct
the execution of any order or
decision rendered by any
judge within its jurisdiction.
Any public officer who, before
the question of jurisdiction is
decided, shall continue any
proceeding after having been
lawfully required to refrain from
so doing, shall be punished
by arresto mayor and a fine not
exceeding 500 pesos.
Any executive officer who
shall address any order or
suggestion to any judicial
authority with respect to any
case or business coming
within the exclusive
jurisdiction of the courts of
justice shall suffer the penalty
of arresto mayor and a fine
not exceeding 500 pesos.
Any public officer who shall
knowingly nominate or
appoint to any public office
any person lacking the legal
qualifications therefor, shall
suffer the penalty of arresto
mayor and a fine not
exceeding 1,000 pesos.
Elements 1. That the offender is an
executive or judicial
officer
2. That he; (a)Makes general
rules or regulations
beyond the scope of his
authority, or (b) Attempts
to repeal a law; or (c)
Suspends the execution
thereof
1. That the offender is a
judge
2. That (a) he assumes a
power pertaining to the
executive authorities, or
(b)obstruct the executive
authorities in the lawful
exercise of his power
1. That an offender is an
officer of the executive
branch of the govt
2. That he (a)assumes
judicial powers, or (b)
obstruct the execution of
any order or decision
rendered by any judge
w/n his jurisdiction
1. That the offender is a
public officer
2. That a proceeding is
pending before such public
officer
3. That there is a question
brought before the proper
authority regarding his
jurisdiction, w/c is not yet
decided,
4. That he has been lawfully
required to refrain from
continuing the proceeding
5. That he continues the
proceedings
1. That the offender is a
public officer
2. That he addresses an
order or suggestion to
any judicial authority
3. That the order or
suggestion relates to any
case or business coming
w/n the exclusive
jurisdiction of the courts
of justice
1. That the offender is a
public officer
2. That he nominates or
appoints a person to a
public office
3. That such person lacks the
legal qualifications
therefor
4. That the offender knows
that his nominees or
appointee lacks the
qualifications at the time
he made the nomination
or appointment
Penalties PC min, TSD & a fine not
exceeding P1000
A.mayor in med to PC in min A.Mayor med to PC in min A.Mayor & a fine not exceeding
P500
A.Mayor & a fine not
exceeding P500
A.Mayor & a fine not
exceeding P1000
Notes Legislative officers are not
liable
1. Mayor is guilty of this
article if he investigates a
case while justice of
peace is in the
municipality
2. Art 239-241 punish
interference of one of
the3 departments of govt
w/ functions of offices of
another dept
1. The purpose of the
provision is to maintain
the independence of
the judiciary, to be free
& secure from executive
dictations.
2. Legislative or judicial
officers are not liable
under Art 243
1. The offense is committed
by nominating or by
appointing
2. Recommending is not a
crime
3. There must be a law
providing for the
qualification of a person
to be nominated or
appointed to a public
office
Section Four. - Abuses against chastity

Crime

Elements Penalty Points to Remember
245
ABUSES
AGAINST
CHASTITY

The penalties of prision correccional in its medium and
maximum periods and temporary special disqualification shall
be imposed:
1. Upon any public officer who shall solicit or make immoral
or indecent advances to a woman interested in matters
pending before such officer for decision, or with respect to
which he is required to submit a report to or consult with a
superior officer;
2. Any warden or other public officer directly charged with
the care and custody of prisoners or persons under arrest
who shall solicit or make immoral or indecent advances to
a woman under his custody.
If the person solicited be the wife, daughter, sister of relative
within the same degree by affinity of any person in the custody
of such warden or officer, the penalties shall be prision
correccional in its minimum and medium periods and
temporary special disqualification.

1. That the offender is a public officer
2. That he solicits or makes immoral or
indecent advances to a woman
3. That such woman must be;
a. Interested in matters pending
before the offender for
decision, or w/ respect to
w/c he is required to submit a
report to or consult w/ a
superior officer; or
b. Under the custody of the
offender who is a warden or
other public officer directly
charged w/ the care and
custody or prisoners or
persons under arrest; or
The wife, daughter, sister, or relative w/n
the same degree by affinity of the person
in the custody of the offender
PC med &
max & TSD
1. Solicit- to propose earnestly and persistently something
unchaste and immoral to a woman
2. The advances must be immoral or indecent
3. The crime is consummated by mere proposal
4. Proof of solicitation is not necessary when there is sexual
intercourse
Ways of Committing abuses against chastity:
1. By soliciting or making immoral or indecent advances to a
woman interested in matters pending before such officer for
decision, or with respect to which he is required to submit a
report to or consult with a superior officer;
2. By soliciting or making immoral or indecent advances to a
woman under the offenders custody.
By soliciting or making immoral or indecent advances to the wife,
daughter, sister of relative within the same degree by affinity of any
person in the custody of such warden or officer.
























CRIMES AGAINST PERSON
1. Parricide (246)
2. Murder (248)
3. Homicide (249)
4. Death caused in a
tumultuous affray (251)
5. Physical injuries inflicted in
a tumultuous affray (252)
6. Giving assistance to
suicide(253)
7. Discharge of firearms(254)
8. Infanticide(255)
9. Intentional abortion(256)
10. Unintentional abortion(257)
11. Abortion practiced by the
woman herself or by her
parents(258)
12. Abortion practiced by a
physician or midwife and
dispensing of abortive(259)
13. Duel(260)
14. Challenging to a duel(261)
15. Mutilation(262)
16. Serious physical injuries
(263)
17. Administering injurious
substances or beverages
(264)
18. Less serious physical
injuries (265)
19. Slight physical injuries &
maltreatment (266)
20. Rape(266-A)
Boado(2008)
1. These crimes involve killing and inflicting physical injuries
2. Between killing and inflicting injuries, the difference lies in the intent to
kill
3. Intent to kill is considered only when the person does not die because the
crime may yet constitute physical injuries only
4. Intent is immediately presumed when the victim dies.
5. Intent to kill is determined by;
a. Weapons used by the offenders
b. Nature, location and number of wounds sustained by the victim
c. The words uttered by the malefactors before, at the time or
immediately after the killing of the victim***
d. The fact of death (unless the accused proves by convincing
evidence any of the justifying and exempting circumstances in art
11 and 12)
***Overt act to kill must be established not only by oral threats
6. To prove corpus delicti (actual offense committed) the evidence presented
must be sufficient . the prosecution must;
a. Establish that the life of a human being was taken
b. The death was occasioned by the accuseds criminal act
7. For a person to be liable for the death of another , the evidence must
establish beyond reasonable doubt that the accuseds criminal act was
the proximate cause of such death.











Section One. - Parricide, murder, homicide

246. PARRICIDE
Any person who shall kill his father, mother, or child,
whether legitimate or illegitimate, or any of his
ascendants, or descendants, or his spouse, shall be guilty
of parricide and shall be punished by the penalty of
reclusion perpetua to death.

Sandoval 2010
1. If the spouse is the one killed, the accused must be
married to him or her otherwise the crime is
Homicide or Murder
P v Malabago: The best proof of relationship is the
marriage certificate but in its absence, oral
evidence of the fact of marriage may be
considered
2. In case of other ascendants (grandparents and
great grandparents, or grandchildren of
ggchildren), the relationship with the killer must be
legitimate
3. Relationship with the victim is the paramount
element
4. Only relatives by blood in the direct line are
involved in this crime

Nolledo 2010:
1. The father , mother, and child may be legitimate
or illegitimate

Boado 2008:
1. Parricide is based on the relationship of the
offender and the offended. It must be
characterized by the following;(memory aid: LDB)
a. Legitimate except b/n parent & child
(legitimate or illegitimate). For other
ascendants: must be LEGITIMATE
b. Direct Line: either ascending or
descending . collateral relationship not
included (e.e. brother, uncle, sister, etc)
c. By Blood: except for spouses
2. Rule of conspiracy that the act of one is the act
of all is not applicable in parricide BECAUSE
relationship is an element.
3. Both parricide and infanticide can be committed
by the parents BUT parricide should yield to
infanticide as far as the designation of the crime is
involved.
4. If the information failed to mention that the
offender and the offended are married, the former
cannot be convicted of parricide because that
will violate his right to information of the nature of
the charge against him.
Estrada (2008)
1. Killing of a father, mother, or child whether legitimate or
illegitimate = PARRICIDE
2. Killing(K) of lawful spouse = PARRICIDE
3. K of common law spouse = not PARRICIDE
4. K of legitimate grandparent or grandchild - PARRICIDE
5. K of illegitimate grandparent or grandchild= not PARRICIDE
6. K of adoptive parent or adopted child: not PARRICIDE
7. K of a brother= not PARRICIDE
8. When marriage is void ab ignition= not PARRICIDE
9. Muslim spouse, only 1
st
spouse : PARRICIDE
Aquino (2009)
1. Frustrated parricide distinguished from lesions ( physical
injuries)
If the wounding of a relative there was no intent to kill,
offense would be lesions and not frustrated homicide
If circumstances indicate intent to kill and defendant
performed all the acts of execution but relative did
not die due to causes independent of his will, crime is
frustrated parricide
P v. Villanueva (51 Phil 488): Similar considerations make it
improper to convict the accused of attempted parricide,
because the intention to kill is equally necessary in case of an
attempted homicide as in case of the frustrated crime; and we
consider untenable the suggestion that in this case the desistance
of the accused from the purpose to kill his wife was due to the
intervention of a sister-in-law who caught the accused by the
shoulders after he had struck at his victim the third time; for the
woman who thus intervened ceased at once from this mild form
of intervention at the command of her own husband, a brother of
the accused, who was standing near and who, to judge by his
words, sympathized with the aggression. The fair and natural
interpretation of the acts of the accused is that he desisted from
the assault of his own volition.
Held: crime is lesions menos graves, not frustrated parricide ( 3
justices dissents- must be attempted parricide)
Elements 1. That a person is killed
2. That the deceased is killed by the
accused
3. That the deceased is the father, mother, or
child, whether legitimate or illegitimate, or
legitimate other ascendant or other
descendant; or legitimate spouse of the
accused.

Cases where a person who committed
parricide not to be punished w/ RP to Death:
a) Parricide is committed thru negligence
b) When it is committed by mistake
c) When it is committed under exceptional
circumstances
Penalty RP to Death
Notes

Reyes (2008)
1. Essential element of parricide: relationship of the
offender w/ the victim
2. Parents and children are not included in the term
ascendants or descendants
3. Other ascendants or descendants must be
legitimate
4. Father, mother, or child may be legitimate or
illegitimate
5. Illegitimate embraces all children borne out of
wedlock
6. Child should not be less than 3 years old,
otherwise, crime would be infanticide
7. Spouse should be legitimate
8. Relationship must be alleged- accused cannot be
convicted or parricide if charged only w/ murder.
However, relationship must be considered
AGGRAVATING even if NOT alleged in the infrmt
247
DEATH OR PHYSICAL INJURIES
INFLICTED UNDER EXCEPTIONAL
CIRCUMSTANCES Any legally married
person who having surprised his spouse in the
act of committing sexual intercourse with
another person, shall kill any of them or both
of them in the act or immediately thereafter,
or shall inflict upon them any serious physical
injury, shall suffer the penalty of destierro.
If he shall inflict upon them physical injuries of
any other kind, he shall be exempt from
punishment.
These rules shall be applicable, under the
same circumstances, to parents with respect
to their daughters under eighteen years of
age, and their seducer, while the daughters
are living with their parents.
Any person who shall promote or facilitate the
prostitution of his wife or daughter, or shall
otherwise have consented to the infidelity of
the other spouse shall not be entitled to the
benefits of this article.

Notes
Reyes (2008)
1. surprise to come upon suddenly or unexpectedly: This is an indispensable
requisite
2. Accused must be a legally married person
3. Wife is entitled to the benefits of this article
4. The article does not require that the parent must be legitimate, requires only
that she is under 18 years and living w/ her parents
5. Article does NOT apply if daughter is married
6. NOT applicable when the accused did not see his spouse in the act of sexual
intercourse w/ another person
7. BUT it is enough that the circumstances show reasonably that the carnal act is
being committed or has just been committed
8. Immediately thereafter the discovery, the escape, the pursuit, and the killing
must all form part of one continuous act.
9. Article apples, in the case of a husband, only when he surprises his wife in
flagrant adultery
10. Liability for physical injuries suffered by 3
rd
persons
11. Not applicable to person who consented to the infidelity of spouse, or who
facilitated the prostitution of his wife or daughter.

Sandoval 2010
1. If only less serious or slight physical injuries were inflicted, there is no penalty to
be imposed
2. Article does not apply to a person who promotes the prostitution of his wife or
daughter
3. It is enough that she/he surprised them under such circumstance that no other
reasonable conclusion can be inferred that there was or there is carnal
knowledge
4. It is not required that the killing be done instantly thereafter.
5. If the accused fails to establish the circumstances called for in this article, be
guilty of Parricide and Murder of Homicide if the victims were killed
P v Oyanib: This article is applicable even if the husband and wife are living
separately

Nolledo 2010:
1. The term legally married person or spouse may be the husband of the wife.
P v Gonzales: the privilege granted is conditioned on the requirement that the
spouse surprise the husband/wife in the very act of the carnal intercourse
Justice Laurel dissents: this is impossible in majority of cases. The words in the
act of committing adultery should not invariably be given literal interpretation-
but rather subjected to judicial scrutiny.
2. Immediately thereafter
US v Tiano: althought the deceased did not fall dead in the place where she
was caught, but in another place nearby, the assault must be understood to be
a continuation of the act of the wronged husbands pursuit of her paramour.
3. The penalty of destierro may be wiped out by preventive imprisonment
P v Magonawal: if having satisfied the conditions laid down in article 29 of RPC,
he need not need to serve the penalty of destierro
4. This article does not define a specific crime
P v Abarca: Punishment is not inflicted upon the accused. HE is banished but
that is intended for his protection
Boado (2008)
1. Time elements
a. The time of surprising the paramours which must be in the act itself or
sexual intercourse; and
b. The time of the killing or infliction of physical injuries which must also be in
the act or immediately thereafter
2. Qualifying circumstances cannot be appreciated in inflicting death under
exceptional circumstances, not being a punishable act. Destierro is
intended for his protection
3. The offended spouse is not entirely w/o fault when 3
rd
persons are injured in
the course of firing at the paramours.
P v Abarca: there was negligence on the part of the offended party, but
he cannot be liable for frustrated murder for the injuries of the 3
rd
parties in
as much that inflicting death under exceptional circumstances is NOT
murder= only liable for less serious physical injuries through simple
imprudence or negligence

Estrada (2008)
1. Art 247 is a matter of self-defense
2. It is not a felony
3. The unfaithful spouse and paramour are surprised while having sexual
intercourse(SI)
4. Killing or infliction of serious physical injury while in the act of SI or
immediately thereafter
5. immediately thereafter refer to the act of surprising the victims in the
act of SI
1. It presupposes no break or interval of time from the time or revelation of
the spouses infedility up to the time of the killing.

Aquino (2009):
1. There must be direct evidence of carnal act.
2. Cases where the killing was not in the act or immediately thereafter:
Gonzales Case (controversial borderline case): We do not believe that the
accused can avail himself of the aforesaid article, because the privilege
there granted is conditioned on the requirement that the spouse surprise the
husband or the wife in the act of committing sexual intercourse with another
person; the accused did not surprise his wife in the very act or carnal
intercourse, but after the act, if any such there was, because from the fact
that she was rising up and the man was buttoning his drawers, it does not
necessarily follow that a man and a woman had committed the carnal act.
P v Marquez:"and when he came back at midnight the house was closed; he
knocked at the door but his wife did not awake, so he knocked again, but
still she slept on; then he went to the part of the house where his wife usually
slept, and knocked on the wall; she awoke then opened the door; and when
he went up, there was a man who jumped out of the window, and when he
asked his wife why there was a man inside the house, she answered that
there was no man, but as he insisted that there had been one, and that he
had jumped out of the window, and as his wife would not tell the truth, for
that reason alone he killed her."
Held: killing was not justifiedunder 247 but tow mitigating circumstances,
immediate provocation and passionate obfuscation were present.
Elements
1. That a legally married person or a parent
surprises his spouse or his daughter, the
latter under 18 years of age and living w/
him, in the act of committing sexual
intercourse w/ another person
2. That he or she kills any or both, of them or
inflicts upon any or both of them any
serious physical injury in the act or
immediately thereafter
3. That he has not promoted or facilitated
the prostitution of his wife or daughter, or
that he or she has not consented to the
infidelity of the other spouse
Penalty
This article does not define a penalty

Destierro - if accused killed or inflicted serious
physical injuries on spouse or other person

Exempt from punishment if inflicted physical
injuries of any kind

Destierro is intended to protect accused from
reprisals of deceased spouse
Art. 248. Murder
Any person who, not falling within the provisions of Article 246 shall kill
another, shall be guilty of murder and shall be punished by reclusion
temporal in its maximum period to death, if committed with any of the
following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the
aid of armed men, or employing means to weaken the defense
or of means or persons to insure or afford impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault upon a street car or
locomotive, fall of an airship, by means of motor vehicles, or with
the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the
suffering of the victim, or outraging or scoffing at his person or
corpse.

Notes

Reyes (2008)
1. the offender must have intent to kill to be liable for murder committed by means of fire or other means enumerated.
2. But killing person w/ treachery is murder even if there is no intent to kill.
3. Rules for Application of the Circumstances w/c qualify the killing to murder;
(a) Murder will exist w/ only one of the circumstances describe in Art 248
(b) When the other circumstances are absorbed or included in one qualifying circumstance, they cannot be
considered as generic aggravating.
(c) Any of the qualifying circumstances in Art 248 must be ALLEGED in the information.
4. The qualifying circumstances or murder EXCEPT outraging or scoffing at his person or corpse are among those defined in Art 14
(Aggravating Circumstances)
5. When present & alleged in the information, TREACHERY qualifies the killing to MURDER
6. To constitute TREACHERY: means & methods must be consciously adopted by the offender
7. Treachery and premeditation are inherent in murder by poison
8. With EVIDENT PREMEDITATION: is present when the prosecution proves
(a) The time when the offender conceived to kill his victim
(b) Offender clung to his determination to kill the victim
(c) Sufficient lapse of time ( at least 3 hrs) b/n determination & killing
9. With CRUELTY- there are other injuries or wounds inflicted deliberately while the victim was ALIVE, w/c are not necessary for the killing.
10. OUTRAGING- extremely vicious or deeply insulting act(decapitation, anal intercourse w/ corpse, dismemberment, weighing victim
bodies w/ cement boulder)
11. SCOFFING- to jeer, irreverence

Sandoval 2010
P v Tuson: Murder is one of the instances when man descends to a level lower than that of a beast, for it is non-instinctive killing, a
deliberate destruction of a member of the same species for reasons other than survival
1. If the killer constituted a band, the crime is still murder because the circumstances of with the aid of armed men is included in
the qualifying circumstances.
2. There is a need to specify qualifying and aggravating circumstance
Sec 9 Rule 110 (Rules of Court)
Section 9.Cause of the accusation. The acts or omissions complained of as constituting the offense and the qualifying
and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language
used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being
charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment. (9a)
P v Pugay: when killing was accomplished by means of fire alleged in the information, it does not qualify killing to murder unless
the use of fire was employed to kill the victim,.
P v. Caritativo: When victims are children of tender age, 5, 6 , or 7, killing is always murder qualified by treachery or abuse of
superior strength

Nolledo 2010:
1. If there are 2 or more circumstances present and falling under the article, only 1 circumstances will qualify then killing = the other
circumstance shall be appreciated as generic aggravating (except if they are absorbed in the qualifying circumstance as in the case
of armed men w/c may be absorbed in treachery)
2. when the charge is homicide, the accused cannot be convicted of murder.
P v Padilla: the words conspiring together, confederating with and mutually helping one another contained in the
information simply convey the allegation of conspiracy and does not necessarily result in a charge of murder.

Boado 2008:
1. Only one qualifying circumstances under this article will give rise to murder
2. Any one of the qualifying circumstances in this article is an element of murder
Elements
1. That a person was killed
2. That the accused killed him
3. That the killing was attended by any of the following
circumstances mentioned in Art 248
4. The killing is not parricide or infanticide

Murder: is the unlawful killing of any person w/c is not parricide or
infanticide, provided that any of the following circumstances are
present;

1. With treachery, taking advantage of superior strength, with the
aid of armed men, or employing means to weaken the
defense, or of means or persons to insure or to afford impunity;
2. In consideration of a price, reward or promise;
3. By means of inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault upon a railroad, fall
of an airship, by means of motor vehicles, or w/c the use of any
other means involving great waste and ruin
4. On occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic, or any other public
calamity;
5. With evident premeditation;
6. w/ cruelty, by deliberately and inhumanly augmenting the
suffering of the victim, or outraging or scoffing at s person or
corpse
Penalty
RP to Death
3. Homicide can be upgraded to murder by a subsequent act of the offender (e.g. decapitation or chopping off the corpse)
4. When the qualifying circumstances were not those proved in the trial, the accused cannot be convicted of murder= they must be
both alleged and proved (otherwise, the right of the accused to be informed of the charged will be violated)
5. Instances where there was no treachery:
P v Amaguin: while even a frontal attack can be treacherous, as when it is sudden and unexpected and the victim is
unarmed, here, it appears that the aggressors did not employ means tending directly and specially to ensure the
execution of the crime without risk to themselves arising from the defense which the offended parties might take.
It must be noted that the assailants attacked a group of six (6) individuals who could have been armed.
It is highly probable that at least one of those attacked could offer resistance and could put the lives of the aggressors in
danger
P v. Lug-aw: where the lone eyewitness was not able to observe the commencement of the assault, he could not, therefore,
testify on how it all began and developed. Absent any particulars as to the manner in which the aggression commenced or
how the act resulted in the death of the victim unfolded, treachery cannot be appreciated to qualify the killing to murder.
6. Treachery may be appreciated in aberration ictus
P v. Flora: when the offender fired at his adversary but missed, the victims were helpless to defend themselves. Their
deaths were murders not simply homicide since the acts were qualified by treachery
7. Dwelling and nocturnity are not qualifying circumstances in murder
8. Variant crimes may result when the qualifying circumstances is the use of fire:
a. To conceal the killing by burning the house where the victims were: homicide or murder and arson
b. As a means to kill: murder and even if the property were burned as a consequence of the use of fire to kill- arson is still not
committed. If in the course thereof, other houses are burned, it is a generic aggravating circumstance
c. To burn a house but somebody inside was killed, the composite or special complex crime of arson or homicide is committed.
d. In one case, fire was resorted to merely as a joke, but death resulted: the crime was homicide because the fire must be
specially chosen as the means to kill to qualify the killing into murder
P v. Basay: The facts indisputably establish that Zosimo Toting. Sr., Beatrice Toting and Bombie Toting were stabbed and
hacked before their house was burned. Zosimo and Beatrice died immediately while Bombie lived for a few days. As a
matter of fact, the thesis of the prosecution is that the house was burned to conceal the stabbing and hacking. As a
result of this fire, Manolita Toting and Manolo Toting suffered burns which caused the death of the former; the latter,
however, survived due to timely medical attention. Four (4) crimes were therefore committed, viz.: three (3) separate
murders under Article 248 of the Revised Penal Codefor the deaths of Zosimo, Beatrice and Bombie, and arsonas
punished under Section 5 of P.D. No. 1613for the death of Manolita and the injuries sustained by Manolo as a
consequence of the burning of the house.
9. Arson with homicide is NOT a complex crime
Arson with homicide refers to any kind of killing and is an element of the composite crime w/c would merit the imposition
of death penalty.

Estrada (2008)
1. There is treachery when the offender consciously and deliberately employs means, methods or forms of attact that will ensure the
execution of a crime w/o risk of the offender arising from the defense to be put up with the victim
Requisites:
a. That at the time of the attack, the victim was not in a position to defend himself
b. That the offender consciously and deliberately adopted the particular means, methods, or forms of attack employed by him.
2. Treachery must be present in the beginning of the assault when the aggression is continuing
3. Essence of treachery: Applicable only to crime against person (was the victim forwarned or afforded the opportunity to make
defense?)
P v Rubiso: There is the sudden and unexpected attack by an aggressor on an unsuspecting victim depriving the latter of
any real chance to defend himself
P v. Gregorio: w/o the slightest provocation on the part of the victim
P v Mazo: the attack is w/o warning, and is swift, deliberate, and unexpected
4. Treachery cannot be presumed- if the manner of attack was not proven there can be no treachery
Mere wounds at the back of the victim could not support a finding of treachery
Attack from behind or shooting at a fleeing victim is not necessarily treacherous if it was DELIBERATELY adopted by the
accused.
If the killing was preceded by a quarrel there is no treachery because each of the protagonists are on guard of an
impending attack
If the attack was preceded by altercation b/n protagonists- each has been forwarned.
5. Treachery must be alleged in the information and proven during trial before they can be appreciated.
6. Treachery is considered even if;
a. The victim was not predetermined but there was a generic intent to kill any of the first two person belonging to the same class
(same rule for evident premeditation)
b. There was aberratio ictus and the bullet hit a person different from the intended( different rule in evident premeditation)
c. There was error in personae , hence the victim was the one intended by the accused. (different rule for evident
premeditation)

Reason: in treachery, it is impossible for the either intended victim or the actual victim to defend himself against the
aggression
7. Treachery absorbs;
a. Craft
b. Abuse of superior strength
c. Employing means to weaken the defense
d. Band
e. Aid of armed men
f. Nighttime
8. Treachery can be considered against all offenders when there is conspiracy because the act of one is the act of all
9. advantage be taken of superior strength means to deliberately use excessive force that is cut out of proportion to the means for self-
defense available to the person attacked.
P v Casitas: there is inequality of forces between the aggressor and the victim
P v Cabangcala: What should be considered is not that there were 3, 4, or more assailants as against one victim, but
whether the aggressors took advantage of their combined strength to consummate the crime
10. No advantage of superior strength in the following
a. One who attacks another w/ passion and obfuscation does not take advantage of his superior strength
b. When a quarrel arose unexpectedly and the fatal blow was struck at a time when the aggressor and his victim were engaged
against each other as man to man
11. Means employed to weaken the defense which materially weakens the defense of the offended party
Clubbing the head of the ooponent then wounds or kills him
Casting sand upon the opponents eyes
Intoxicating the opponent
***Applicable only to crimes against persons and property (e.g. robbery w/ physical injuries or homicide)
12. Killing with the aid of persons 15 years of age or below
13. Killing be committed with the aid of armed men
Requisites:
1. That the armed men or person took part in the commission of the crime by directly or indirectly giving aid to the accused
2. That the accused availed himself of their aid or relied upon them when the crime was committed
14. Evident Premeditation:
Requisites:
a. The time when the offender determined to commit the crime;
b. Act manifestly indicating the offender had clung to his determination
c. Sufficient lapse of time b/n determination and execution




249 HOMICIDE
Any person who, not falling within the provisions of Article 246, shall
kill another without the attendance of any of the circumstances
enumerated in the next preceding article, shall be deemed guilty
of homicide and be punished by reclusion temporal.

Notes

Reyes (2008)
1. Penalty of one degree higher: victim is under 12 years of age
2. Intent to kill is conclusively is presumed when death resulted.
3. Evidence of intent to kill in important ONLY in attempted or frustrated homicide, w/c must be proved beyond reasonable doubt.
4. That the death of the deceased was due to his refusal to be operated on- NOT A DEFENSE
5. Killing must not be justified
6. No offense of frustrated homicide thru imprudence= the element of INTENT TO KILL is incompatible with NEGLIGENCE.
7. When the death was caused by the wounds inflicted by 2 different persons, even w/ no conspiracy, each one is guilty of
homicide.
8. Use of unlicensed firearm is an aggravating circumstance in homicide

Sandoval 2010
1. The killing must not be justified under any of the justifying circumstances provided in Art 11 (RPC)
2. When there is an agreement to fight between the accused and the deceased, the killing will always be homicide.
P v Porras: the shooting of a police officer who was fully aware of the risks in oursuing the malefactors when done is a spur of the
moment is only HOMICIDE

Nolledo 2010:
1. Intent to kill is presumed if death results from the acts.
2. If death did not result from the act, intent to kill is essential to prove attempted or frustrated homicide otherwise crime would be
physical injuries only

Boado 2008:
1. If victim does not die, intent to kill must be proved beyond reasonable doubt- otherwise crime would fall under physical injuries.
2. Attempted and frustrated homicide cannot be committed thru imprudence or negligence because intent is INHERENT in frustrated or
attempted homicide.
3. Under R.A. 8294;The use of unlicensed firearm to commit homicide or murder is now an aggravating circumstance hence only one
crime is committed, i.e., homicide or murder
Exception: when the murder/homicide was filed and tried separately from the illegal possession case, conviction for both cases is
proper.
Elements 1. That a person was killed;
2. That the accused killed him w/o any
justifying circumstance;
3. That the accused had the intention to
kill, w/c is presumed;
4. That the killing was not attended by any
of the qualifying circumstance of
murder, parricide, or infanticide

HOMICIDE: unlawful killing of any person w/c is neither
parricide, murder nor infanticide

ACCIDENTAL HOMICIDE: the death of the person
brought about by lawful act performed with proper
care and skill, and w/o homicidal intent

CORPUS DELICTI: that a crime was actually
perpetrated and does not refer to the body of the
murdered person

In crimes against person where death of the victim
is an element; there must be satisfactory evidence of;
1. Fact of death
2. Identity of the victim
Penalty RT

250
Penalty for
frustrated
parricide,
murder or
homicide
The courts, in view of the facts of the case, may impose upon the person
guilty of the frustrated crime of parricide, murder or homicide, defined and
penalized in the preceding articles, a penalty lower by one degree than
that which should be imposed under the provision of Article 50.
The courts, considering the facts of the case, may likewise reduce by one
degree the penalty which under Article 51 should be imposed for an
attempt to commit any of such crimes.

Notes

Reyes (2008)
1. This article is PERMISSIVE, not mandatory
2. Court may impose penalty 2 degrees lower for frustrated parricide, murder or homicide
3. Court may impose penalty 3 degrees lower for attempted parricide, murder or homicide
4. An attempt or, or conspiracy against the life of the president, etc, is punishable by death

Nolledo 2010:
1. penalty lower by one degree than that imposable upon a frustrated or attempted parricide, murder, or
homicide is authorized in view of certain circumstances that in the discretion of the court should justify in
lowering the penalty
2. Circumstances may be related to justifying or exempting circumstances or mitigating circumstances
where the requisites are lacking
3. It is an approximation of the desire to adopt the modern theory of penology
Penalty Frustrated parricide, murder or homicide: penalty lower by one degree
than that which should be imposed under the provision of Article 50.

Attempted parricide, murder or homicide: penalty lower than one degree
under Article 51


251. Death Caused in a Tumultuous Affray
When, while several persons, not composing groups organized for the common
purpose of assaulting and attacking each other reciprocally, quarrel and assault
each other in a confused and tumultuous manner, and in the course of the affray
someone is killed, and it cannot be ascertained who actually killed the deceased,
but the person or persons who inflicted serious physical injuries can be identified,
such person or persons shall be punished by prision mayor.
If it cannot be determined who inflicted the serious physical injuries on the
deceased, the penalty of prision correccional in its medium and maximum periods
shall be imposed upon all those who shall have used violence upon the person of
the victim.
Notes

Reyes (2008)
1. When there are 2 identified groups of men who assaulted each other: NO TUMULTUOUS AFFRAY
2. The person killed in the affray need not be a one of the participants
3. If the one who inflicted fatal wound is known: crime is HOMICIDE UNDER ART 249
4. The serious physical injuries caused by one of the participants to the victim should not be the cause of his death.
5. Persons liable:
1. Persons who inflicted serious physical injuries
2. All persons who used violence if it is not known who inflicted serious physical injuries

Sandoval 2010
1. This is known in the local dialect as labo-labo .
2. There is no particular group against another group
3. Riots in city jails do not fall under this article the participants are members of different gangs.
4. Participants must be more than 3 considering the definition of tumultuous under Art 153 par 3 that disturbance or
interruption shall be deemed to be tumultuous if caused by more than three (3) persons who are armed or provided
with means of violence.
5. The person killed could be a participant or anybody caught in the melee.

Nolledo 2010:
1. A free fro all situation where several persons (understood logically as 3 or more) participated in the affray

Boado 2008:
1. What controls the crime is that the particular killer is not known. If the killer is known even in tumultuous affray the
crime is homicide or murder.

Estrada (2008)
1. Tumultuous affray means confused and confusing fight between several persons not composing groups in the
course of which a person is killed or wounded and the person responsible cannot be ascertained

Aquino and Aquino(2008)
1. Art 251 does not apply if there was no confused quarrel
Elements 1. That there be several persons
2. That they did not compose groups organized for the common
purpose of assaulting and attacking each other reciprocally
3. That these several persons quarreled and assaulted one
another in a confused and tumultuous manner
4. That it cannot be ascertained who actually killed the
deceased
5. That the person or persons who inflicted serious physical injuries
or who used violence can be identified.

Tumultuous affray: the disturbance is caused by more than 3 persons
who are armed or are provided with means of violence

Penalty PM death of a person, his killer cannot be ascertained, but the
person who inflicted serious physical injuries is identified

PC in med & max; all who used violence

252. Physical Injuries Inflicted in a Tumultuous affray
When in a tumultuous affray as referred to in the preceding article, only serious physical injuries are inflicted upon the participants thereof and the
person responsible thereof cannot be identified, all those who appear to have used violence upon the person of the offended party shall suffer the
penalty next lower in degree than that provided for the physical injuries so inflicted.
When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot be identified, all those who appear to have
used any violence upon the person of the offended party shall be punished by arresto mayor from five to fifteen days.

Notes

1. Victims must be one or some participants of the affray
2. Only the one who used violence is liable
3. All those who appear to have used violence may be
revealed by testimonies of witnesses, admissions or
doctors findings.
4. Physical injuries must be serious or less serious. If slight ,
he will be prosecuted NOT under this article
5. The law presumes that if a person participates in an
affray, he is liable to be hurt
6. The victim must be a participant


Elements 1. That there is a tumultuous affray as described in the preceding article;
2. That a participant or some participant thereof suffer serious physical injuries or physical injuries of a less serious nature only
3. That the person responsible therefore cannot be identified
4. That all those who appear to have used violence upon the person of the offended party are known.
Penalty penalty next lower in degree than that provided for the physical injuries so inflicted: serious physical injuries
A.Mayor for 5 to 15 days: less serious physical injuries
253
Giving Assistance to Suicide
Any person who shall assist another to commit suicide shall
suffer the penalty of prision mayor; if such person leads his
assistance to another to the extent of doing the killing himself,
he shall suffer the penalty of reclusion temporal. However, if the
suicide is not consummated, the penalty of arresto mayor in its
medium and maximum periods, shall be imposed.
Notes

Reyes (2008)
1. the person who attempts to commit suicide is NOT criminally liable
2. A pregnant woman committing suicide thru poison did not die but fetus was expelled : NOT liable for abortion
3. Assistance to suicide is DIFFERENT from mercy killing
4. EUTHANASIA- practice of painlessly putting to death a person suffering from some incurable disease.
5. Euthanasia is not lending assistance to suicide. In euthanasia, the person does not want to die
6. A doctor who resorts to mercy-killing of his patient may be liable for MURDER.

Sandoval 2010
1. Even if suicide did not materialize, still liable but penalty is 1 or 2 degrees depending on whether it is frustrated or attempted suicide

Nolledo 2010:
1. Committing suicide is not a crime but giving assistance is under this article
2. Euthanasia is not punishable under this article but is considered MURDER and punishable as such
3. If the deceased told the doctor to do the act of mercy killing = this article applies

Boado 2008:
1. The initiative must come from the person desiring to die- otherwise the crime would be homicide or murder

Estrada (2008)
Suppose a person committingsuicide does not die is he liable as co-principal in the crime of giving assistance to suicide?
No. a person committing suicide is no longer in his proper sense.

Mark and Leslie are sweethearts. To prove their love, they decided to commit suicide. Leslie die, Mark survived. What crime did mark commit
(2009 Bar question)
Giving assistance to suicide

Elements Acts punishable:
1. Assisting another to commit suicide, whether
the suicide is consummated or not
2. Lending his assistance to another to commit
suicide to the extent of doing the killing
himself
Penalty PM- any person who assist another commit suicide

RT-lending assistance to the extent of doing the
killing himself

A.Mayor in med & max: is suicide is not
consummated

254. Discharge of Firearms
Any person who shall shoot at another with any
firearm shall suffer the penalty of prision correccional
in its minimum and medium periods, unless the facts
of the case are such that the act can be held to
constitute frustrated or attempted parricide, murder,
homicide or any other crime for which a higher
penalty is prescribed by any of the articles of this
Code.
Notes
Reyes (2008)
1. There must be no intention to kill
2. The purpose of the offender is only to intimidate or frighten the offended
party
3. The purpose of the offender is to intimidate or frighten the person
4. Complex crime of illegal discharge of firearm w/ serious or less serous
physical injuries

Nolledo 2010:
1. There is no intent to kill as the purpose is merely to frighten the offended
party.
2. If death results, crime is HOMICIDE
3. If offended party suffer serious or less serious physical injuries= complex
crime of illegal discharge of firearm with less serious or serious physical
injuries.
4. If the shooting is directed to ones house= ALARMS AND SCANDALS
under Art 155
5. If the firearm is unlicensed, accused is also subject to another penalty for
possessing an unlicensed firearm.


Boado 2008:
1. If there was no intent to kill and the person shot at was hit,
offender shall be laible physical injuries serious, less serious or
slight.

Estrada (2008)
1. The likely purpose is to intimidate the victim
2. Firing of a gun is illegal discharge of firearm if a person fires his
gun at another w/o intent to kill.
3. It is attempted Homicide if a person fires his gun at another w/
intent to kill but does not inflict a mortal or serious wound
4. It is alarm and scandal if a person fires his gun in a public place
causing alarm and scandal
Elements 1. That the offender discharges
firearm against or at another
person
2. That the offender has no intention
to kill that person.
Penalty PC in min & med: any person who shoot
another unless frustrated or attempted
parricide, murder, homicide or any other
crime for which a higher penalty is
prescribed by
255. Infanticide
Article The penalty provided for parricide in Article 246 and for
murder in Article 248 shall be imposed upon any
person who shall kill any child less than three days of
age.
If the crime penalized in this article be committed by
the mother of the child for the purpose of concealing
her dishonor, she shall suffer the penalty of prision
correccional in its medium and maximum periods, and
if said crime be committed for the same purpose by
the maternal grandparents or either of them, the
penalty shall be prision mayor.

Notes

Reyes (2008)
1. Father or mother or legitimate other ascendant who kills a child less than three days old, to suffer penalty for parricide.
2. Other person who kills a child less than three days old, to suffer the penalty of murder.
3. Infanticide to conceal dishonor.
4. Concealing dishonor is NOT an element of infanticide; it merely mitigates the liability of the mother or maternal grandparent who
committed the crime.
5. Only the mother or maternal grandparents of the child are entitled to the mitigating circumstance of concealing the dishonor.
6. Delinquent mother who claims concealing dishonor must be of good reputation.
7. Stranger cooperating with the mother in killing a child less than three days old is guilty of infanticide also but the penalty is that for
murder.
8. NO crime of infanticide is committed where the child was born dead, or although born alive, it could not sustain an independent life
when it was killed.

Sandoval 2010
P v Macoy: where parricide is committed w/ the use of unlicensed firearm, the crime of illegal possession of firearm is deemed
absorbed
1. Even if the killer is the mother or the father or the legitimate grandparesnt, the crime is still infanticide and not parricide. Penalty is that
for parricide
2. If the killer is not related w/n the purview of Art 246, crime is also infanticide, penalty is that for MURDER

Nolledo 2010:
1. If the purpose of killing is to conceal her or family dishonor , penalty is lowered.
2. Take not of maternal grandparents
3. If the brother of the mother killed the child, penalty is that of parricide or murder.

Boado 2008:
1. The fetus must already be viable otherwise crime would be abortion.
2. It the fetus had an intra-uterine life of less than 7 months and it was destroyed w/n 24 hours after its complete separation from the
womb, following the new Civil Code, it is still ABORTION.

Elements Def. _ the killing of any child less than three days of
age, whether the killer is the parent or grandparent,
any other relative of the child, or a stranger.

Elements of infanticide.
1. That a child was killed.
2. That the deceased child was less than
three days (72 hours) of age.
3. That the accused killed the said child.


Penalty Penalty provided for parricide (246) & murder (248)

PM in med & max if committed by mother for
concealing dishonor

RT crime committed by maternal grndprnts or either
of them for the same purpose











256
Intentional Abortion
257.
Unintentional Abortion
Any person who shall intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal, if he shall use any violence upon the
person of the pregnant woman.
2. The penalty of prision mayor if, without using violence, he shall act without
the consent of the woman.
3. The penalty of prision correccional in its medium and maximum periods, if the
woman shall have consented.

The penalty of prision correccional in its minimum and medium period shall be imposed upon any person who
shall cause an abortion by violence, but unintentionally.

Elements Ways of committing internal abortion:
1. By using any violence upon the person of the pregnant woman.
2. By acting, but without using violence, without the consent of the
woman. (By administering drugs or beverages upon such pregnant
woman without her consent.)
3. By acting (by administering drugs or beverages), with the consent of the
pregnant woman.

Elements of intentional abortion:
1. That there is a pregnant woman;
2. That violence is exerted, or drugs or beverages administered, or that of the
accused otherwise acts upon the pregnant woman;
3. That as a result of the use of violence or drugs, or beverages upon her, or any
other act of the accused, the foetus dies, either in the womb or after having been
expelled therefrom;
4. That the abortion is intended.
If the foetus (1) could sustain an independent life, after its separation
from the maternal womb, and it is killed (2), the crime is infanticide.


1. That there is a pregnant woman.
2. That violence is used upon such pregnant woman without intending an abortion.
3. That the violence is intentionally exerted.
4. That as a result of the violence the foetus dies, either in the womb or after having been expelled there from.

no intention to cause abortion + no violence = no abortion of any kind. Cant be

Penalty RT if violence is used against pregnant woman

PM- w/o violence, w/o consent of women

PC med & max woman consented
PC min & med
Notes

Reyes (2008)
1. Abortion the willful killing of the foetus in the uterus, or the violent expulsion of
the foetus from the maternal womb which results in th death of the foetus.
2. Foetus must die in consummated abortion.
3. In abortion, the foetus may be over or less than six months.

Sandoval 2010
P v Pastrana: As long as the fetus dies as a result of the violence used or
the drugs administered, it is abortion as long as the fetus is full term
1. The intention to abort is paramount

Nolledo 2010:
1. It is essential that fetus must die
2. If death did not result, the act may be frustrated homicide.
Notes

Reyes (2008)
1. Unintentional abortion is committed only by violence.
2. Violence actual physical force.
3. The violence must be intentionally exerted.
4. There is unintentional abortion even thru imprudence
5. The accused is liable for abortion even if he did not know that the woman was pregnant.
6. No intention to cause abortion, no violence art. 256 or Art. 257 does not apply no abortion of any kind.
7. There is a complex crime of homicide with unintentional abortion
8. There is a complex crime of parricide with abortion
9. Violence is used without intending abortion
10. May be committed by strangers

Sandoval 2010
1. It is unintentional if the offender caused an abortion unintentionally but with violence while it is

Boado 2008:
1. Abortion and infanticide distinguished:
a. In abortion
i. The fetus is still drawing life from its mother;
ii. The fetus is not yet breathing on its own;
iii. The baby had an intrauterine life of less than 7 months and
is killed w/n 24 hours (Art 41, New Civil Code)
b. In infanticide:
i. The victim is already a person
ii. The umbilical cord is already cut and the infant is
breathing on its own (Art 40, 41, NCC)
iii. The baby had an intra-uterine life of less than 7 months
and it is killed after 24 hours.
Estrada (2008)
1. The offender should know that the woman is pregnant because the very
intention is to cause the abortion

intentional when the offender intentionally cause the abortion
2. Unintentional abortion is committed only by MEANS OF VIOLENCE WILLFULLY EXERTED

Nolledo 2010:
1. The knowledge by the accused that the woman is pregnant is immaterial as long as the violence was
intentionally done.
2. If violence is unintentionally done, the accused may be guilty of unintentional abortion thru imprudence.

Boado 2008:
1. The intentional and unintentional abortion in abortion refer to the kind of abortion and not to the
ways of committing it whether by dolo or culpa
2. A person who subjects a woman to violence is liable for all its consequences unintentional abortion is
committed if abortion results because of that violence whether it is intentional or culpable.
3. If the crime is the product of imprudence (i.e. negligence), violence is committed it is reckless
impruedence or simple imprudence resulting to unintentional abortion

o If the woman having abortion is not pregnant, what crimes are committed?
o It is an impossible crime of abortion. If the woman suffered physical injuries- then the liability is
for physical injuries and not for impossible crime, which is a crime of last resort

o Can the woman commit unintentional abortion upon herself?
No. It is always committed by violence inflicted upon a pregnant woman. If the
woman inflict violence upon herself, the crime is intentional abortion. It is required
that the violence be voluntary which resulted in the intended abortion. Hence, it is
always intentional abortion that the commits upon herself
4. There is no unintentional abortion by means of intimidation- as it is always a result of physical violence.
5. Unintentional abortion is
a. By violence (physical) not intimidation
b. By another person, NOT by the pregnant woman
6. Intentional Abortion(IA) compared with Unintentional Abortion (UA)
a. How: IA: w/ or w/o violence
UA- w/ violence (physical)
b. Who : IA- by another person or by the woman herself
UA- by other than the pregnant woman
c. Knowledge: IA- offender knows of the pregnancy of the woman
UA- he may or may not know the pregnance
d. Modality: IA- always dolo as intnetn to commit abortion inherent
UA- by dolo or culpa because the word unintentional refers to the
abortion, not to the violence inflicted by another person which may be
intentional or culpable violence.
(Even if the offender does not know that the woman is pregnant, and
abortion results from his felonious violent act, unintentional abortion is
committed)

Estrada (2008)
1. Unintentional abortion requies that physical violence must be inflicted deliberately upon the pregnant
woman .
2. It is not material that the offender knows that eh woman is pregnant or not


Crimes 258.
Abortion Practiced by the Woman Herself of by her Parents
259
Abortion practiced by a physician or midwife and dispensing of abortives

The penalty of prision correccional in its medium and maximum periods shall
be imposed upon a woman who shall practice abortion upon herself or shall
consent that any other person should do so.
Any woman who shall commit this offense to conceal her dishonor, shall suffer
the penalty of prision correccional in its minimum and medium periods.
If this crime be committed by the parents of the pregnant woman or either of
them, and they act with the consent of said woman for the purpose of
concealing her dishonor, the offenders shall suffer the penalty of prision
correccional in its medium and maximum periods.


The penalties provided in Article 256 shall be imposed in its maximum period, respectively, upon any physician or
midwife who, taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the
same.
Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto
mayor and a fine not exceeding 1,000 pesos.

Elements 1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the abortion is caused by
a. The pregnant woman herself;
b. Any other person, with her consent; or
c. Any of her parents, with her consent for the purpose of concealing
her dishonor.

Cases covered by art 258
1. Abortion committed by the woman upon herself or by any other
person with her consent (par. 1)
2. Abortion by the woman upon herself to conceal her dishonor. (par.
2)
3. Abortion by any of the parents of pregnant woman with the latters
consent to conceal her dishonor. (par. 3)

Elements for physician or midwife:
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the offender, who must be a physician or midwife, causes, or assists in causing, the abortion.
4. That said physician or midwife take advantage of his or her scientific knowledge or skill.

Elements for pharmacists are:
1. That the offender is a pharmacist.
2. That there is no proper prescription from a physician.
3. That the offender dispenses any abortive.

Reason for maximum penalty: used knowledge for destruction of human life rather than preservation
Penalty PC med & max woman on herself; parents or either to them to hide dishonor

PC in min & med woman to hide her dishonor
Penalty for Art 256 imposed in max. - on physician or midwife.

A.Mayor & fine not exceeding P1,000 - pharmacist
Notes


Reyes (2008)
1. The woman is liable if she shall consent that any other person should do
so.
2. Only the woman or any of her parents is liable under Art. 258, if the
purpose of the latter is to conceal her dishonor.
3. Liability of pregnant women is mitigate if purpose is to conceal dishonor.
4. No mitigation for parents of pregnant woman even if the purpose is to
conceal dishonor.

Nolledo 2010:
1. The purpose of concealing a womans dishonor is only a mitigating
circumstance
2. If abortion is brought by the woman herself, she is principal by direct
participation.
3. If abortion is brought by either of her parents w/ her consent
principal by cooperation


Reyes (2008)
1. It is NOT necessary that the pharmacist knows that the abortive would be used to cause an abortion. What is
punished is the dispensing of abortive without the proper prescription from a physician.
2. If he knew that he abortive would be used to cause an abortion and abortion resulted in the use thereof, the
pharmacist would be an ACCOMPLICE in the crime of abortion.
3. The act constituting the offense is dispersing abortive without the proper prescription from a physician. It is not
necessary that the abortive be actually used.
4. A 4729, regulates the sale, dispensation AND/OR distribution of contraceptive drugs and devices.
5. No mitigation for pregnant womans
6. Parents unlike in infanticide

Nolledo 2010:
1. The reason for the higher penalty= the abuse of ones profession by destroying instead of preserving human life
2. Mere dispensing of abortive w/o proper prescription is punishable under the 2
nd
paragraph.
3. If no pharmacist is involved, anyone else may be liable as a principal by direct participation

Estrada (2008)
1. Therapeutic abortion is an abortion caused by a physician to save the life of a mother. The doctor is not
criminally laible. This is a justifying circumstance.
Section Three. Duel
Crimes
260.
Responsibility of Participants in a Duel

261
Challenging to a Duel

Article The penalty of reclusion temporal shall be imposed upon any person who shall kill his
adversary in a duel.
If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided
therefor, according to their nature.
In any other case, the combatants shall suffer the penalty of arresto mayor, although no
physical injuries have been inflicted.
The seconds shall in all events be punished as accomplices.

The penalty of prision correccional in its minimum period shall be imposed upon any person who shall
challenge another, or incite another to give or accept a challenge to a duel, or shall scoff at or decry
another publicly for having refused to accept a challenge to fight a duel.
Elements Acts punished in duel.
1. By killing ones adversary in a duel.
2. By inflicting upon such adversary physical injuries.
3. By making a combat although no physical injuries have been inflicted.
Who are liable in a duel?
1. The person who killed or inflicted physical injuries upon his adversary, or both
combatants in any other case, as principals.
2. The seconds, as accomplices.
Acts punished:
1. By challenging another to a duel.
2. By inciting another to give or accept a challenge to a duel.
3. By scoffing at or decrying another publicly for having refused to accept a challenge to fight a
duel.

Persons liable:
(1) Challenger, and
(2) Instigators.
Penalty RT adversary is killed

Penalty provided according to their nature- physical injuries only

A.Mayor- combatants, no physical injuries

PC min
Notes
Reyes (2008)
(1) General principle: if with intent to kill, inflicting physical injuries is either frustrated or
attempted homicide
(2) Code disregards the intent to kill in considering the penalty for duel when only physical
injuries are inflicted upon adversary
(3) Duel it is the formal or regular combat previously concerted between two parties in the
presence of two or more seconds of lawful age on each side, who make the selection of
arms and fix all the other conditions of the fight.

Sandoval 2010
1. Duel involves an agreement to fight under determined conditions and with the
participation and intention of seconds who fix such conditions

Nolledo 2010:
1. No self-defense can be invoked

Boado 2008:
1. Not any pre-agreed fight is a duel because the elements must be complied with.
2. The offender here is a person who challenges another, or incites another to
challenge an adversary to a duel.

Reyes (2008)
(1) A challenge to fight w/o contemplating duel challenging to duel
(2) Immediate vindication of ones honor
(3) Prohibited its an extralegal means of resolving
(4) disputes; contravention of the justice system

Nolledo 2010:
1. merely a challenging one to fight because of anger may not amount to violation of this article
Such challenge may eb punishable as a light threat under Art 285



Chapter Two
PHYSICAL INJURIES

As to stage of execution, physical injuries are a formal crime because it is
penalized on the basis of the gravity of the injury.
What is punished is the result or consequence and not the stage of execution
Hence, it cannot be committed in the attempted or frustrated stage because there
will be no basis for the offense.
The gravity of the injury, whether serious, less serious, or slight will not be known
unless and until the felony is consummated.
The result can only be speculated and in criminal law, what is required is proof
beyond reasonable doubt.
Physical injuries distinguished from attempted or frustrated homicide or
murder.
a. The difference lies on the intent to kill.
b. Intent to kill is determined by the kind of weapon used, the nature and the
location of the wound, and the words uttered by the offender.
c. In physical injuries, the means employed is not capable of resulting to death
iv. When a firearm or any deadly weapon is used, even if the victim is
grazed only, the crime is at least attempted homicide. If the wound
is fatal, it is at least frustrated.


262
Mutilation
the penalty of reclusion temporal to reclusion perpetua shall be imposed upon any person
who shall intentionally mutilate another by depriving him, either totally or partially, or some
essential organ of reproduction.
Any other intentional mutilation shall be punished by prision mayor in its medium and
maximum periods.

Notes

Reyes (2008)
(1) The putting out of an eye does NOT fall under this definition.
(2) Mutilation of the first kind is castration which must be made purposely.
(3) The offender must have the intention to deprive the offended party of a part of his body.
(4) When victim is under 12 years of age- penalty is one degree higher
Mutilation the lopping or the clipping of some part of the body.

Nolledo 2010:
1. The first mutilation must be done with the purpose and deliberate intent to cause one to lose his organ for
reproduction, otherwise only serious physical injury
2. The 2
nd
kind of mutilation must be done with the intent to deprive a person of a paert of his body; otherwise
would be physical injury

Boado 2008:
1. Mutilation is the intentional chopping off of a part of the body w/c will not grow again.
2. It cannot be the result of reckless imprudence but is always committed by dolo because it requires a
specific intent to chop-off a part of the body
If two people fight w/ bolo and a body part was cut-off- physical injuries ( due to lack of specific
intent)


Elements Two kinds of mutilation and their elements:
1. By intentionally mutilating another by depriving him, either totally or
partially, of some essential organ for reproduction.
a) That there be a castration, which is mutilation of organs necessary
or generation, such as the penis or ovarium.
b) That the mutilation is cased purposely and deliberately, that is, to
deprive the offended party of some essential organ for
reproduction.
2. By intentionally making other mutilation, that is, by lopping or clipping
off any part of the body of the offended party, other than the essential
organ for reproduction, to deprive him of that part of his body.
Penalty RT to RP essential organ for reproduction
PM mmed & max other mutilation





263.
Serious Physical Injuries
- Any person who shall wound, beat, or assault another, shall be guilty of the
crime of serious physical injuries and shall suffer:
1. The penalty of prision mayor, if in consequence of the physical
injuries inflicted, the injured person shall become insane, imbecile,
impotent, or blind;
2. The penalty of prision correccional in its medium and maximum
periods, if in consequence of the physical injuries inflicted, the person
injured shall have lost the use of speech or the power to hear or to
smell, or shall have lost an eye, a hand, a foot, an arm, or a leg or
shall have lost the use of any such member, or shall have become
incapacitated for the work in which he was therefor habitually
engaged;
3. The penalty of prision correccional in its minimum and medium
periods, if in consequence of the physical injuries inflicted, the person
injured shall have become deformed, or shall have lost any other
part of his body, or shall have lost the use thereof, or shall have been
ill or incapacitated for the performance of the work in which he as
habitually engaged for a period of more than ninety days;
5. The penalty of arresto mayor in its maximum period to prision
correccional in its minimum period, if the physical injuries inflicted
shall have caused the illness or incapacity for labor of the injured
person for more than thirty days.
If the offense shall have been committed against any of the persons
enumerated in Article 246, or with attendance of any of the circumstances
mentioned in Article 248, the case covered by subdivision number 1 of this
Article shall be punished by reclusion temporal in its medium and maximum
periods; the case covered by subdivision number 2 by prision correccional in
its maximum period to prision mayor in its minimum period; the case covered
by subdivision number 3 by prision correccional in its medium and maximum
periods; and the case covered by subdivision number 4 by prision
correccional in its minimum and medium periods.
The provisions of the preceding paragraph shall not be applicable to a
parent who shall inflict physical injuries upon his child by excessive
chastisement.

Reyes (2008)
1. Impotent inability to copulate.
2. Blindness and loss of an eye.
3. Under par. 1, the blindness must be of two eyes.
4. Under par. 2, note the loss of an eye only.
5. *Blindness must be complete. Mere weakness of vision is not contemplated.
6. Loss of power to hear under par. 2 of Art. 263.
7. It must be loss of power to hear both ears. If there is loss of power to hear of one ear only, it is serious physical injuries under
par. 3, Art. 263.
8. Loss of use of hand or incapacity of usual work in par. 2 of Art. 263 must be permanent.
9. All those mentioned in pr. 2 of Art. 23 are principal members of the body.
10. Par. 3 covers any other members which is not principal member of the body.
11. It is a serious physical injury when the offended party becomes deformed.
12. Loss of teeth as deformity.
13. The loss of three incisors is a visible deformity, while the loss of one incisor does not constitute deformity.
14. Deformity by loss of teeth refers to injury which cannot be repaired by the action of nature.
15. Loss of one tooth which impaired appearance is deformity.
16. A front tooth is a member of the body.
17. Loss of both outer ears constitutes deformity and also loss of the power to hear.
18. Loss of the lobule of the ear is deformity.
19. Loss of index and middle fingers is either deformity or loss of a member, not principal one, of his body or use of the same.
20. Loss of the power to hear of right ear only is loss of use of other part of body.
21. Illness as a consequence of physical injuries inflicted.
22. Medical attendance is NOT important in serious physical injuries.
23. When the injured man did not recover so as to be able to attend to his ordinary avocation for a period of a little more than
30 days, the case falls under Art. 263, par. 4.
24. Par.4 of Art. 263 speaks of incapacity for any kind of labor.
25. Injury requiring hospitalization for more than thirty days is serious physical injuries under par. 4 of Art. 263.
26. When the category of the offense o serious physical injuries depends on the period of illness or incapacity for labor, there
must be evidence of the length of that period; otherwise, the offense is only slight physical injuries.
27. Lessening of efficiency due to injury is NOT incapacity.
28. Serious physical injuries be excessive chastisement by parents are NOT qualified
29. Qualified serious physical injuries.
If the offense is committed against any of the persons enumerated in Art. 246 (parricide) or with the attendance of any
of the circumstances mentioned in the article defining the crime of murder (Art. 248), the law provides higher penalties.

Nolledo 2010:
1. IF there is no intent to kill, the crime may be attempted of frustrated homicide
2. The penalty of physical injuries is dependent on the extent of the injuries inflicted
P v Renojo: when force is applied to the stomach, no marks may be detected. Injuries may have been caused inside
the internal organs but does not show external signs:

Estrada (2008)
1. In serious physical injuries, you do not consider the period of medical treatment. Only the period during which the victim is
incapacitated for labor is considered.
2. If the victim is incapacitated for more than 3o days = injury is considered serious
3. If incapacitated for less than 30 but medical treatment continued for more than 30 days= only less serious physical injuries

Boado 2008:
1. Classification of injuries inflicted to the victim
Elements How is the crime of serious physical injuries committed?
(1) By wounding;
(2) By beating; or
(3) By assaulting (Art. 263); or
(4) By administering injurious substance.

What are serious physical injuries?
1. When the injured person becomes insane, imbecile,
impotent or blind in consequence of the physical injuries
inflicted.
2. When the injured person (a) loses the use of speech or
the power to hear or to smell, or loses an eye, a hand, a
foot, an arm, a leg, or (b) loses the use of any such
member, or (c) becomes incapacitated or the work in
which he was habitually engaged, in consequence of
the physical injuries inflicted.
3. When the person injured (a) becomes deformed, or (b)
loses any member of his body, or (c) loses the use
thereof, or (d) becomes ill or incapacitated fro the
performance of the work in which he was habitually
engaged for more than 90 days, in consequence of the
physical injuries inflicted.
4. when injured person becomes ill or incapacitated for
labor for more than 30 days (but not more than 90 days)

Specifications:
1. consequences of the injuries afflicted
2. nature and character of the wound
3. proper penalty

Deformity- The physical ugliness, permanent, and definite
abnormality. It must be conspicuous and visible.

Deformity requires that it be
(a) Physical ugliness,
(b) Permanent and definite abnormality, and
(c) Conspicuous and visible.

NB: If the scar is usually covered by the dress or clothes, it would
not be conspicuous and visible.

Physical Injuries c. attempted/frustrated homicide
1. In both crimes, the offender inflicts physical injuries.
Attempted homicide may be committed, even if no
physical injuries were inflicted.
2. While in the crime of physical injuries, the offender has
no intent to kill the offended party, in attempted or
frustrated homicide, the offender has an intent to kill the
offended party.

Ordinary physical injuries v. mutilation
The mutilation must have been caused purposely and
deliberately to lop or clip off some part of the body so
as to deprive the offended party of such part of the
body;
In physical injuries, this special intention is NOT present.
Par Result or kind of injury inflicted
1 Mental
physical
a. Insane, imbecile
b. Impotent, blind (loss of sight of both eyes or loss of both eyes)
2 Lost the power
Lost the use
Lost the part
Incapacity
c. Speech, hearing, smelling
d. Eye, hand, foot, arm or leg
e. Eye, hand, foot, arm or leg
f. Work therefore habitually engaged (permanent)
**only one eye or sight must be lost , if both- would fall under par 1
3 g. Deformity
h. Loss of any other part that in no 2 or its use
i. Ill or incapacity for work he has habitually in for more than 90
days
4 j. Illness or incapacity for labor more than 3 days
2. Deformity requires the concurrence of the following
a. The injury resulted to an ugliness upon the offended; and
b. Such ugliness would not disappear thru natural healing process (even w/o thru plastic injury)
3. Qualifying Circumstance affecting this crime crime becomes qualified serious physical injuries where penalty is increased;
a. The victim is any of those of parricide except in case of parents where the injuries are inflicted due to excessive
chastisement
b. Presence of any of the qualifying circumstance for murder


Aquino (2008)
1. Par 1 refers to any mental ailment or disturbance cause by the injuries
The impotence contemplated is the loss of power to procreate (impotencia generandi) not the loss of power to copulate
(impotencia coeundi)
Impotence need not be caused by castration (art 262)
Blindness must be complete
2. In Par 2, the prosecution must prove that the offended party, by reason of the blow inflicted by the accused, lost a principal
member of the body or its use
The best evidence as to the gravity of the wound might be the testimony of the attending physician
The bare testimony of the complainant may not be sufficient
Principal member of the body : hand is a principal member ; a finger is not.
o where defendant cut both the ears of the victim = deaf
o where the accused discharged his gun at the offended party who was injured in the arm and he lost its use
o where the victim lost an eye
o where the victim lost his arm and suffered paralysis in the lower him
Ruello case: victim lost his right thumb in consequence of the injuries inflicted. This is covered under par 2 not 3. The
SC relied on a Spanish case where a clerk suffered injuries in his right hand which impaired the flexibility for his fingers
and prevented him from performing clerical duties.
3. Par 3: Disfigurement or loss of other member of the body
Pertains to any member other than an eye, a hand, a foot, an arm, or a leg.
The injury contemplated in this Code is an injury that cannot be repaired by the action of nature
Bugarin Case: the lost of index and middle fingers of the right hand could still assist in the field but cannot guid the
plow or use the bolo: covered by par 3 and not par 2
Punzalan Case:injuries on 3 fingers of the left hand. He lost the power of flection. No prrof that he lost the use of his left
hand. He was convicted under par 3. (however, if the victim lost his 3 fingers and lost the use of the hand, the
accused would be guilty of par 3)
4. Par 4: Injuries incapacitating the offended party for labor for more than 30 days but less than 90 days\
The law bears in mind that there are injuries that may be internal and which may not heal simultaneously with the
external lesions
Penalty No 1- PM
No. 2 PC med & max
No. 3 PC min & med
No. 4 A.Mayor to PC min

265.
Less Serious Physical Injuries
The penalties established by the next preceding article shall be applicable in the respective case
to any person who, without intent to kill, shall inflict upon another any serious, physical injury, by
knowingly administering to him any injurious substance or beverages or by taking advantage of his
weakness of mind or credulity.
Notes

Reyes (2008)
1. Matters to be noted in the crime of less serious physical injuries.
a. That the offended party is incapacitated for labor for ten days or more (but not more than 30 days), or
needs medical attendance for the same period of time.
b. That the physical injuries must not be those described in the preceding articles.Thus, if the incapacity is
more than 30 days or the illness lasts for more than 30 days, it is a serious physical injury under par. 4 art.
263.
2. Medical attendance or incapacity is required in less serious physical injuries.
3. The crime is lss serious physical injuries even if there was no incapacity, but the medical treatment was for
13 days.
4. It is only slight physical injury when there is no medical attendance or incapacity for labor.


Elements Qualified less serious physical injuries when:
1. Par 2:
a. theres manifest intent to insult or offend Injured person, or,
b. there are circumstances adding ignominy to the offense
2. par 2., victim is either
(a) offenders parents, ascendants, guardians, curators, or teachers
(b) persons of rank or in authority, provided the crime isnt direct assault
Penalty Par 2: A.Mayor & fine not exceeding P500
Par 3. PC min & med


266.
Slight Physical Injuries and Maltreatment

The crime of slight physical injuries shall be punished:
1. By arresto menor when the offender has inflicted physical injuries which shall
incapacitate the offended party for labor from one to nine days, or shall require
medical attendance during the same period.
2. By arresto menor or a fine not exceeding 20 pesos and censure when the offender
has caused physical injuries which do not prevent the offended party from
engaging in his habitual work nor require medical assistance.
3. By arresto menor in its minimum period or a fine not exceeding 50 pesos when the
offender shall ill-treat another by deed without causing any injury.
Notes

Reyes (2008)
1. Some hours after nine days, not amounting to ten days.
2. When there is no evidence of actual injury, it is only slight physical injuries.
3. Medical attendance or incapacity is required in less serious physical injuries
4. Supervening event converting the crime into serious physical injuries after the filing of the information for
slight physical injuries can still be the subject of a new charge.
5. RTC has no jurisdiction to sentence on appeal for a crime over which municipal court had no jurisdiction.

Boado 2008:
1. Crime of physical injury can be committed w/o inflicting injury by ill-treatment where there may be pain w/o a
wound
2. Serious, less serious, and slight physical imjuries distinguished
Serious a. Incapacity from habitual work
b. Ill/incapacity from habitual work
c. Ill/incapacity for labor
d. Permanent
e. Over 90 dys
f. 31-90 dys
Less serious - Incapacity from labor/med attendance - 10-30 dys
slight - Incapacity from labor/med. attendance - 1-9 dys
Elements Three kinds of slight physical injuries:
1. Physical injuries which incapacitated the offended party labor from
one (1) to nine (9) days,or required medical attendance during the
same period.
2. Physical injuries which did not prevent the offended party from
engaging in his habitual work or which did not require medical
attendance.
3. Ill-treatment of another by deed without causing any injury.

Penalty Par 1.- A.Menor
Par 2- A.menor or fine not exceeding P200
Par 3- a.menor or fine nor exceeding p200



Article 266-A.
Rape: When And How Committed.

- Rape is committed:

1. By a man who shall have carnal knowledge of a woman under any
of the following circumstances:
a. Through force, threat, or intimidation;
b. When the offended party is deprived of reason or
otherwise unconscious;
c. By means of fraudulent machination or grave abuse of
authority; and
d. When the offended party is under twelve (12) years of
age or is demented, even though none of the
circumstances mentioned above be present.
2. By any person who, under any of the circumstances mentioned in
paragraph 1 hereof, shall commit an act of sexual assault by
inserting his penis into another person's mouth or anal orifice, or any
instrument or object, into the genital or anal orifice of another
person.

Article 266-B.
Penalty.

- Rape under paragraph 1 of the next preceding article shall be punished
by reclusion perpetua.
Whenever the rape is committed with the use of a deadly weapon or
by two or more persons, the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim has
become insane, the penalty shall become reclusion perpetua to death.
When the rape is attempted and a homicide is committed by reason or
on the occasion thereof, the penalty shall be reclusion perpetua to
death.
When by reason or on the occasion ofthe rape, homicide is committed,
the penalty shall be death.
The death penalty shall also be imposed if the crime of rape is committed
with any of the following aggravating/qualifying circumstances:

1. When the victim is under eighteen (18) years of age and the
offender is a parent, ascendant, step-parent, guardian, relative
by consanguinity or affinity within the third civil degree, or the
common-law spouse of the parent of the victim;
2. When the victim is under the custody of the police or military
authorities or any law enforcement or penal institution;
3. When the rape is committed in full view of the spouse, parent,
any of the children or other relatives within the third civil degree
of consanguinity;
Notes

Reyes (2008)
1. rape can now be committed by a male or female
2. under par 1, there must be sexual intercourse
3. penetration, even partial is necessary
4. Proof of emission is not necessary. The absence of spermatozoa in the vagina does not negative rape.
5. only 1 of the 4 circumstances by which the act of rape is committed is necessary
6. Force need not be irresistible, but it should bring about the desired result.
7. Force employed need not be of such character as could be resisted.
8. Intimidation includes the moral kind such as the fear caused by threatening
9. When the offender has ascendancy or influence over the victim, it is not necessary that she put up a determined resistance.
10. rape may be proved by the uncorroborated testimony of the offended woman:
Guiding Principles
a) the accusation for rape is difficult for the person accused to disprove
b) testimony of the complainant must be scrutinized with extreme caution, since only two person are usually involved
c) evidence for prosecution must stand or fall on its own merits, and cannot be allowed to draw strength from the weaknesses
of the evidence of the defense
11. when the testimony of the offended party is firm, categorical, straightforward, the accused should be convicted on the basis of her
testimony
12. Deprivation of reason as contemplated by law need not be complete.
13. Stages of rape:
a) Consummated rape: not essential that there be a complete penetration, slight penetration of the labia consummates the
crime of rape.
b) frustrated stage: NONE
c) Attempted Rape: intent on the part of the accused to have carnal knowledge of woman.
14. Resignation to consummated act is not consent
15. Character of the woman is immaterial with rape
16. sexual intercourse with an insane woman is rape
17. when offended party is below 12 years old, it is rape even with her consent
Moral ascendancy or influence, held to be substitute for the element of physical force or intimidation. This rule applies:
1. Fathers against their daughters.
2. Stepfathers against their stepdaughters.
3. A godfather against his goddaughter.
4. Uncles against their nieces.
5. The first cousin of his victims mother.
18. rape with homicide is a special complex crime
19. When homicide is committed NOT by reason or on the occasion of the rape, such as while the victim was dying, the accused had
carnal intercourse w/ her murder w/ rape (there is ignominy too)
20. Indemnity in Rape: P50,000
21. Indemnity in qualified rape: P75,000
22. Indemnity in Rape w/ Homicide: P50,000 and P50,000 respectively
23. Damages in rape:
a) Moral damages: P50,000 w/o need of proof
b) Exemplary damages: if one or more aggravating circumstances is present

Sandoval 2010

RAPE
(266-A, 266-B, 266-C, 266-D)
4. When the victim is a religious engaged in legitimate religious
vocation or calling and is personally known to be such by the
offender before or at the time of the commission of the crime;
5. When the victim is a child below seven (7) years old;
6. When the offender knows that he is afflicted with the Human
Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency
Syndrome (AIDS) or any other sexually transmissible disease and
the virus or disease is transmitted to the victim;
7. When committed by any member of the Armed Forces of the
Philippines or para-military units thereof or the Philippine National
Police or any law enforcement agency or penal institution, when
the offender took advantage of his position to facilitate the
commission of the crime;
8. When by reason or on the occasion of the rape, the victim has
suffered permanent physical mutilation or disability;
9. When the offender knew of the pregnancy of the offended
party at the time of the commission of the crime; and
10. When the offender knew of the mental disability, emotional
disorder and/or physical handicap of the offended party at the
time of the commission of the crime.
Rape under paragraph 2 of the next preceding article shall be punished
by prision mayor.
Whenever the rape is committed with the use of a deadly weapon or by
two or more persons, the penalty shall be prision mayor to reclusion
temporal.
When by reason or on the occasion of the rape, the victim has become
insane, the penalty shall be reclusion temporal.
When the rape is attempted and a homicide is committed by reason or
on the occasion thereof, the penalty shall be reclusion temporal to
reclusion perpetua.
When by reason or on the occasion ofthe rape, homicide is committed,
the penalty shall be reclusion perpetua.
Reclusion temporal shall be imposed if the rape is committed with any of
the ten aggravating/ qualifying circumstances mentioned in this article.

Article 266-C.
Effect of Pardon.
- The subsequent valid marriage between the offended party shall
extinguish the criminal action or the penalty imposed.
In case it is the legal husband who is the offender, the subsequent
forgiveness by the wife as the offended party shall extinguish the criminal
action or the penalty: Provided, That the crime shall not be extinguished
or the penalty shall not be abated if the marriage is void ab initio.

Article 266-D.
Presumptions.
Any physical overt act manifesting resistance against the act of rape in
any degree from the offended party, or where the offended party is so
situated as to render her/him incapable of giving valid consent, may be
accepted as evidence in the prosecution of the acts punished under
Article 266-A."

1. R.A. 8355 of 1997 otherwise known as the Anti-Rape Law of 1997 reclassified rape as crime against person
2. It may be prosecuted w/o the complaint filed by the offended party

Nolledo 2010:
P v. Pruna (GR No 138471, October 10, 2002): Guidelines in appreciating age, either as an element of the crime or as a
qualifying circumstance.
1. The best evidence to prove the age of the offended party is an original or certified true copy of the certificate of live birth of such
party.
2. In the absence of a certificate of live birth, similar authentic documents such as baptismal certificate and school records which
show the date of birth of the victim would suffice to prove age.
3. If the certificate of live birth or authentic document is shown to have been lost or destroyed or otherwise unavailable, the testimony,
if clear and credible, of the victims mother or a member of the family either by affinity or consanguinity who is qualified to testify on
matters respecting pedigree such as the exact age or date of birth of the offended party pursuant to Section 40, Rule 130 of the
Rules on Evidence shall be sufficient under the following circumstances:
a) If the victim is alleged to be below 3 years of age and what is sought to be proved is that she is less than 7 years old;
b) If the victim is alleged to be below 7 years of age and what is sought to be proved is that she is less than 12 years old;
c) If the victim is alleged to be below 12 years of age and what is sought to be proved is that she is less than 18 years old.
4. In the absence of a certificate of live birth, authentic document, or the testimony of the victims mother or relatives concerning the
victims age, the complainants testimony will suffice provided that it is expressly and clearly admitted by the accused.
78

5. It is the prosecution that has the burden of proving the age of the offended party. The failure of the accused to object to the
testimonial evidence regarding age shall not be taken against him.
***The trial court should always make a categorical finding as to the age of the victim.

Boado 2008:
1. Effect of re-classification of rape into a crime against person:
a. Consent of the offended party to file the case is no longer needed as it is now a public crime. The State can file motu
proprio
b. There is now an impossible crime of rape because impossible crime can only be committed against persons ( and property)
c. Rape can now be committed against males because it has been removed against crimes against chastity where the
victims are females except for acts of lasciviousness
d. The aggravating circumstances against person under Art 14 shall be appreciated
2. The circumstances in Art 266-B are in the nature of qualifying circumstances. These are not ordinary aggravating circumstances but
are special qualifying circumstances w/c must be specifically pleaded or alleged with certainty in the information; otherwise just
simple rape
a.
3. If the offender is a relative (not a parent, ascendant or descendant, step parent, guardian or common law spouse of the mother of
the victim) it must be alleged in the information that he is a relative by consanguinity or affinity w/n the 3
rd
civil degree
4. A stepbrother or stepsister relationship will not elevate the crime to qualified rape
5. The word step when used a s a prefix in conjunction w/ a degree of kinship, is repugnant to blood relationship and is indicative of
relationship by affinity.
- A stepdaughter is the daughter of ones wife or husband by a former marriage
6. The circumstance of age or relationship can be proved by birth or marriage certificates
7. The force and violence required is RELATIVE, it need not be overpowering or irresistible
8. It is essential that the force used must be sufficient to consummate the purpose by which the offender had in mind or to bring about
the result.
9. Forcibly does not mean violently. It may be constructive as when a woman was made insensible by the use of drugs or intoxicating
drinks.
10. There is intimidation when the victim is cowed into submission rendering resistance futile.
11. Resistance is not an element of rape committed by use of force or intimidation. It is enough that the malefactor intimidated the
complainant into submission.
12. Force and Intimidation distinguished
P v De Guzman: Another established rule in rape cases is that the force need not be irresistible; all that is necessary is
Elements 1st paragraph:
1. offender is a man
2. offender had carnal knowledge of a woman
3. such act is accomplished by;
a. Through force, threat or intimidation;
a) When the offended party is deprived of
reason or otherwise unconscious;
b) By means of fraudulent machination or
grave abuse of authority;
c) When the offended arty s under twelve
years old of age or is demented, even
though none of the circumstances above
be present;

2
nd
paragraph
1. offender commits an act of sexual assault
2. act was committed:
a. by inserting his penis into another persons
mouth or anal orifice
b. by inserting any instrument or object into
the genital or anal orifice of another
person
3. that the act of sexual assault is accomplished:
a. by force or intimidation
b. woman is deprived or reason or otherwise
unconscious
c. means of fraudulent machination or grave
abuse or authority
d. woman is under 12 years of age or
demented

Qualifying Circumstances: Rape is punishable by death;
(1) on occasion of rape, homicide was committed
(2) offended party under 18 years of age and offender
is a parent, ascendant, stepparent, guardian,
relative by consanguinity or affinity within the 3rd
civil degree, or common law spouse or parent of the
victim
(3) victim under custody of police or military authorities
(4) rape committed in full view of the husband, parent,
any of the children, or other relatives within the 3rd
civil degree of consanguinity
(5) victim is a religious engaged in legitimate religious
vocation or calling and is personally known to be
such by the offender before or at the time of the
commission of the crime
(6) victim is below 7 years old
(7) offender knows that he is afflicted with HIV or AIDS,
or any sexually transmissible disease and the virus is
transmitted to the victim
(8) committed by any member of the AFP, paramilitary
units of PNP, or any law enforcement agency, who
that the force used by the accused is sufficient to consummate his evil purpose, or that it was successfully used. It need
not be so great or of such character that it could not be repelled.
38
Intimidation, on the other hand, must be viewed in
light of the victim's perception and judgment at the time of the commission of the crime and not by any hard and fast
rule; it is enough that it produces fear fear that if the victim does not yield to the bestial demands of the accused,
something would happen to her at that moment, or even thereafter as when she is threatened with death if she would
report the incident.In this case, the accused embraced Gilda from behind, held her neck tightly, and covered her
mouth. As she struggled to free herself, she sustained her injuries. Dr. Bernales confirmed the use of force, and
according to him, the abrasions and contusions on Gilda's body were due to force applied on her. Moreover, the
accused also threatened Gilda with death if she would not yield to his bestial desires. The threat certainly constituted
intimidation.
13. In incestuous rape, force and intimidation are not significant
14. The following does not constitute elements of rape
a. Resistance when the accused is the father or is closely related to the victim
b. Virginity
c. Absence of fresh lacerations
d. The absence of medical findings by a medico-legal officer does not disprove the commission of rape medical
examination is not an indispensable element in a prosecution of rape
e. Accused being younger than the victim
15. Some doctrinal principles in rape:
a. Full or complete penetration of the complainants private parts is not necessary as the only essential point to prove is the
entrance or at least the introduction of the male organ into the labia of the pudendum
b. When a rape victim says she was defiled, she says all that is necessary to show that rape has been inflicted on her and as
long as her testimony meets the test of credibility, the accused may be convicted on the basis thereof. (this becomes more
compelling when the culprit is the father or a close relative of the victim)
c. In incestuous rape of a minor, proof of force or violence is not essential. Moral ascendancy or parental authority takes the
place of violence
d. Absence of signs of external physical injuries does not signify a lack of resistance
16. Rape absorbs forcible abduction where the accused intended at the very outset to rape the victim when he abducted her
17. In attempted rape, the offender commences the commission of the felony directly by overt acts, but does not perform all the acts of
execution by reason of some cause or accident other than his own spontaneous desistance

Estrada (2008)
1. The act or acts must be motivated by lewd or unchaste design
2. In cases of marital rape, pardon granted before the filing or pendency of the case extinguishes the criminal action
3. Intimidation is the act of deterring a person by threats. It creates fear. It brings mental distress
4. Resistance must be manifest or tenacious. Mere initial resistance is not enough
5. Resistance by acts and not mere words is required
6. Merely trying to resist the alleged sexual assault is not a basis for conviction
P v. Velasquez: We are not convinced that her resistance was sufficient to make the appellant resort to force and
intimidation in accomplishing his desire. There appears to be no sincere struggle as the complainant had claimed, or a
determined effort on her part to preserve her virtue. Neither the complainant nor the appellant sustained injuries of any kind
whatsoever. Not a single piece of complainant's apparel was torn or damaged, except a snapped garter of her panty
which could easily be attributed to the eagerness of the appellant as readily as to a refusal of the complainant to take her
panty off. Not a single outcry came from her mouth, even as of the moment she was suddenly awakened with the
appellant lying beside her. There was no claim that the appellant pressed his hands against her mouth or covered the same
elsewhere so as to prevent her from shouting for help. No commotion was created as could have aroused the other
occupants in the house into coming to her aid.
7. Complete deprivation of reason is not necessary. Mental abnormality or deficiency is enough.
8. Lack of knowledge of the victims mental condition is not a defense
9. Treachery can be appreciated in the crime of rape as it is now a crime against person
10. Ignominy is an aggravating circumstance on rape

took advantage of his position to facilitate the
commission of the crime
(9) when by reason of the rape, the victim has suffered
permanent physical mutilation or disability
(10) offender knew of the pregnancy at the commission
of the crime
(11) offender knew of the mental disability emotional
disorder and or physical handicap of the offended
party at the time of the commission of the crime

Statutory rape: when the girl is under 12 years of age.
(a) Where the offended party is less than twelve
years of age, rape is committed although she
consented to the sexual act.
(b) Rape is committed even if the girl under 12
years is a prostitute.
The law does not consider that kind of consent voluntary,
as the offended party under 12 years old cannot have a
will of her own.

EVIDENCE which may be ACCEPTED IN PROSECUTION of
rape:
1. any physical overt act manifesting resistance
against the act of rape in any degree from the
offended party
2. where offended party is so situated as to render
him/her incapable of giving consent
Effects of Pardon
1. Effect of marriage: extinguishes penal action and penalty that may be imposed
2. Applicable only to PRINCIPAL, and not to the accomplices and accessories
3. Crime is not extinguished when marriage is void ab initio
Penalty Par 1 death
Par 2 -RT









Title Nine
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
Chapter One
CRIMES AGAINST LIBERTY

Section One. - Illegal Detention

267
KIDNAPPING AND SERIOUS ILLEGAL DETENTION.
268
Slight Illegal Detention
269
Unlawful Arrest
Article Any private individual who shall kidnap or detain another, or in any other manner deprive
him of his liberty, shall suffer the penalty of reclusion perpetua to death:
1. If the kidnapping or detention shall have lasted more than five days.
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted upon the person
kidnapped or detained; or if threats to kill him shall have been made.
4. If the person kidnapped or detained shall be a minor, female or a public officer.
The penalty shall be death where the kidnapping or detention was committed for
the purpose of extorting ransom from the victim or any other person, even if none of the
circumstances above-mentioned were present in the commission of the offense.
When the victim is killed or dies as a consequence of the detention, or is raped or
subjected to torture or dehumanizing acts, the maximum penalty shall be imposed. (as
amended by R.A. No. 7659)

The penalty of reclusion temporal shall be imposed upon any
private individual who shall commit the crimes described in the
next preceding article without the attendance of any of
circumstances enumerated therein.
The same penalty shall be incurred by anyone who shall furnish the
place for the perpetration of the crime.
If the offender shall voluntarily release the person so kidnapped or
detained within three days from the commencement of the
detention, without having attained the purpose intended, and
before the institution of criminal proceedings against him, the
penalty shall be prision mayor in its minimum and medium periods
and a fine not exceeding seven hundred pesos.
The penalty of arresto mayor and a
fine not exceeding 500 pesos shall be
imposed upon any person who, in
any case other than those authorized
by law, or without reasonable ground
therefor, shall arrest or detain another
for the purpose of delivering him to
the proper authorities.
Elements
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 ff. circumstances must be
present:
a. That the kidnapping or detention lasts for more than 3 days;
b. That its committed simulating public authority;
c. That any serious physical injuries are inflicted upon the person
kidnapped or detained or threats to kill him are made; or
d. That the person kidnapped or detained is a minor, female, or a public
officer.(Pp v. Mercado 131 SCRA 501)
*** essential element is DEPRIVATION of Liberty

Illegal detention v. Arbitrary detention
1. illegal detention is committed by a private individual who unlawfully kidnaps,
detains, or otherwise, deprives a person of liberty; arbitrary detention is committed
by a public officer or employee who detains a person without legal ground.
2. Illegal detention is a crime against personal liberty and security; arbitrary
detention is a crime against the fundamental law of the State.


1. That the offender is a private individual.
2. That he kidnaps or detains another, or in any other
manner deprives him of his liberty.
3. That the act of kidnapping or detention is illegal.
4. That the crime is committed without the attendance of
any of the circumstances enumerated in art. 267.


1) That the offender arrests or
detains another person.
2) That the purpose of he
offender is to deliver him to
the proper authorities,
3) That the arrest or detention is
not authorized by law or
there is no reasonable
ground therefor.

Unlawful arrest v. illegal detention
If the purpose of locking up or
detaining the victim is to deliver him
to the proper authorities, and it
develops that the detention is
unlawful, then the offense committed
is unlawful arrest. It is illegal detention,
the detention will render the culprit
liable for other.
Penalty RP to Death- any of the 4 circumstances

Death- purpose of extorting ransom

Maximum penalty victim dies, or raped, or subjected to torture or dehumanizing acts
RT - for offender and person who offered place for perpetration of
crime

P.M. in min & med & a fine not exceeding P700 voluntary release
A.Mayor & a fine not exceeding P500
Notes


Reyes (2008)
1. If the offender is a public officer, the crime is the arbitrary detention.
2. If public officer but not in line of his duty to detain persons, liable under this article
3. When the victim is minor and accused is ne of the parents penalty is A.Mayor or fine not
exceeding P300 or both
4. Intention to deprive victim of his liberty for purpose of extorting ransom, actual demand for
ransom is not necessary.
- P. v. Remalante; P. v. Sacayanan: The interval was between the taking and shooting was
so short as to negative the idea implied in kidnapping. Her short detention forms part of
the perpetration of the crime of murder.
5. If committed for extorting ransom = death penalty
6. As long as the kidnapping or detention was committed for the purpose of extorting ransom
Actual demand for ransom not necessary
7. Accused is not liable when there is lack of motive to resort to kidnapping(P. v. Soriano et al)
8. Restraint need not be permanent
9. Illegal if not permitted by law
10. Detention or locking up of victim is essential.
- P. v. Ching Suy Siong: if the element of detention or locking up is lacking: there is no
illegal detention
- U.S. v. Cabanag: there must be actual confinement or restriction of the person of the
offended party
- U.S. v. Herrera: if victim had freedom to leave premises where she was confined: no
illegal detention
11. It is not necessary that the victim be placed in an inclosure.
- P. v. Crisostomo: there has to be deprivation of any manner of libert
- P. v. Acosta: Leaving a child in the house of another where he had freedom of
locomotion but not freedom of to leave it at will, deprives him of liberty.
12. Restraint need not be permanent.
13. The detention must be illegal.
- P. v. Tamorro: the detention of a boy who had stolen sugarcane from 9 am to 5 pm w/o
giving him anything to eat is not illegal detention (note:the SC found the accused guilty of
light coercion)
Reasons:
a. No injury or disturbance of a right was intended
b. Act of the accused was to a certain extent justified (note: even a private
person can arrest one who commits a crime in his presence)
14. Detention is illegal when not ordered by competent authority or not permitted by law .
15. Detention for more than three days is not necessary when any of the other circumstances is
present.
- Offender simulate public authority
- Serious physical injuries were inflicted
- Threats to kill was made
- Person detained is minor, female, or public officer
***Purpose is immaterial when any of the above circumstance is present
P. v. del Mundo: kidnapping of a public officer.
U.S. v. Sol: Restraint by robbers not illegal detention when the purpose was to delay or prevent
assistance being rendered by the authorities
P. v. Ablaza: the acts of rape were INCIDENTAL and used as a means to break the girls spirit
and to induce her to dismiss the criminal charge.
16. Special Complex Crime of Kidnapping w/ Murder or Kidnapping w/ Homicide
- P. v. Ramos:
Reyes (2008)

1. Liability of accomplice in slight illegal
detention.
2. His participation is raised to that of a real
co-principal.
3. Privileged mitigating circumstance in
slight illegal detention, If the offender:
(a) Voluntarily releases the person so
kidnapped or detained within three
days from the commencement of
the detention,
(b) Without having attained the
purpose intended.
(c) Before the institution of criminal
proceedings against him ,his liability
is mitigated.
*All must concur.
4. When the victim is female, the detention
is punished under Art. 267. Voluntary
release is NOT mitigating under that
article.

Boado 2008:
1. Slight illegal detention and serious
illegal detention
a. In slight illegal detention, none of
the circumstances in kidnapping
and serious illegal detention are
present
b. In the former, voluntary release can
mitigate the liability but not in the
latter
c. The same penalty shall be incurred
by anyone who shall furnish the
place (accomplice) in slight illegal
detention; this is not true in
kidnapping where the general rule
on the penalty for accomplice is
observed w/c is one degree lower
2. Requisites for the specific mitigating
circumstance of voluntary release in
slight illegal detention?
a. The release should have been
made w/n three days from the
commencement of the detention;
b. The release must be made before
the offender has accomplished his
purpose
c. It must be made before criminal
prosecution has been
commenced.
Reyes (2008)
(1) The offender is any person, whether is
any person, whether a public officer o a
private individual.
(2) There is no unlawful arrest, when the
arrest is authorized by a warrant issued by
the court.
(3) Distinguished from Art. 125.
a) In the crime of delay in the
delivery of detained persons to
proper judicial authority (Art.
126), the detention is for some
legal ground; in unlawful arrest,
it the detention is not authorized
by law.
b) Under the Art. 125, the crime is
committed b failing to deliver
such person to the proper
judicial authority within a
certain period of time; in
unlawful arrest, it is committed
by making an arrest not
authorized by law.
4. No period of detention is fixed by law.
5. motive of the offender is controlling.

Sandoval 2010
1. Speaks of any person even if the
offender is a public officer (as long as
art 124. Arbitrary detention does not
apply) such officer is liable under this
article.
2. If a private person and where the
ground for arrest is illegal and not
authorized by law but whose purpose is
to bring arrested person to the proper
authorities UNLAWFUL ARREST
3. If there is no purpose= KIDNAPPING
AND SERIOUS ILLEGAL DETENTION OR
SLIGHT ILLEGAL DETENTION

Boado 2008:
(1) The purpose of the arrest must be made
for delivering the person arrested to the
proper authorities but it was made w/o
any reasonable ground thereof
(2) The arrest must be made w/o a warrant
but not a valid warrantless arrest (Rule
113 (5) Rules of Court)
(3) Can be committed not only by private
persons but also by public officers
1.
Rule now: where the person kidnapped is killed in the course of the detention,
regardless of whether the killing was purposely sought or was merely an
afterthought, the kidnapping and murder or homicide can longer be
complexed under Art 48, nor be treated as a separate crimes but shall be
punished as a special crime under the last par of Art 267.
The crime would NOT be Complex Crime of Kidnapping with murder nor
separate crime of Kidnapping and Murder ---- it should be Special Complex
Crime of Kidnapping with Murder (or homicide as the case may be)
17. In the following case , the crime is MURDER;
- P. v. Camo: .. the victim was taken from his house, solely for the purpose of killing him
and not for detaining him illegally for any length of time and for the purpose of obtaining
ransom for his release.
- U.S. v. Ancheta: if the main purpose was to kill the victim and the forcible taking of the
victim was only incidental to the killing; kidnapping is absorbed in murder.
- P.v. Ong: the victim was taken from one place to another for the purpose of killing him
and not for detaining him or for the purpose of obtaining ransom for his release.
18. Extorting ransom is a qualifying circumstance
19. Conspiracy to extort ransom makes all conspirators liable
20. Conspiracy to extort ransom makes all the conspirators liable under the second par. of Art. 267,
including those who did not take part o the money.

Sandoval (2010)
1. The essence of the offense is the actual deprivation of the victims liberty coupled with the
intent of the accused to effect it.
2. The culprit takes away the victim depriving him of his liberty
3. Ransom may refer to money, price, or consideration paid or demanded for redemption of a
captured person- payment that releases from captivity
P v Garcia: even if no demand for ransom but it is clear that the purpose of the offender
is to demand for ransom = KIDNAPPING W/ A DEMAND FOR RANSOM
4. If kidnapping for ransom was committed by means of an unlicensed firearm- accused cannot
be committed of the latter offense
P v Ladjaalam : If another crime was committed w/ the use of an illegally possessed
firearm, the offender could not be held liable tor Illegal Possession of Firearm under R.A. No
8294 amending P.D. 1866
5. Culprit who kidnapped 2 individuals on the same occasion can be found guilty of two crimes-
there are as many crimes of kidnapping as there are persons whose liberties are deprived

Nolledo 2010:
1. If the offender is a public officer, the crime is arbitrary detention
2. There must be actual deprivation of liberty or locking up and with a motive to resort to
kidnapping or detention
3. The detention must be illegal not authorized by competent authority or by law

P v Parulan: if a person is kidnapped to be killed, the crime is the complex crime of
kidnapping with murder, kidnapping being the necessary means of committing murder

P v Ong: The following circumstances negates the allegations of kidnapping for ransom
a. Vehement denial of the accused
b. Non-production in court of the alleged ransom note
c. Unreliability of extrajudicial statements adverting to the ransom because of maltreatment of
the witness
d. Inconsistency in the testimonies respecting the drawing up of the ransom note
Rule 113. Section 5.Arrest without warrant;
when lawful. A peace officer or a private
person may, without a warrant, arrest a
person:
(a) When, in his presence, the person to be
arrested has committed, is actually
committing, or is attempting to commit
an offense;
(b) When an offense has just been
committed, and he has probable cause
to believe based on personal knowledge
of facts or circumstances that the person
to be arrested has committed it; and
(c) When the person to be arrested is a
prisoner who has escaped from a penal
establishment or place where he is
serving final judgment or is temporarily
confined while his case is pending, or has
escaped while being transferred from
one confinement to another.
In cases falling under paragraph (a) and (b)
above, the person arrested without a warrant
shall be forthwith delivered to the nearest
police station or jail and shall be proceeded
against in accordance with section 7 of Rule
112. (5a)
e. The fact that the body of the victim was buried along with may previous articles in hisperson.

Boado 2008:
1. The essence of kidnapping is that the victim must have been restrained or deprived of his liberty
2. What is important is to determine and prove the fact of seizure and the disappearance of the
victim
P v Bernal: For the charge of kidnapping to prosper, the deprivation of the victims liberty, which is
essential element of the offense must be duly proved
P v Fajardo reiterating US v Cabanag:There must be uncontroverted proof of both intent to deprive
the victim of his liberty, as well as the actual confinement or restriction. An uncorroborated
circumstantial evidence is certainly not sufficient for conviction when the evidence itself is in serious
doubt.
3. Kidnapping may be committed whether or not the victim is transported from one place to
another or just detained or deprived of liberty w/o transportation.
4. The fact that ransom money is demanded will not per se qualify the act of preventing the liberty
of movement of the victim into the crime of kidnapping, unless the victim is actually restrained or
deprived of his liberty for some appreciable period of time.
5. Kidnapping distinguished from Grave Coercion: When a person was prevented from leaving or
going to another place, the crime could either be kidnapping or grave coercion. The difference
depend on whether or not there is an actual confinement or lockup of the victim.
6. The offender is a private individual
7. Special Complex crimes arising from kidnapping includes;
a. Kidnapping w/ homicide
b. Kidnapping w/ rape
c. Kidnapping w/ physical injuries
- The killing, rape or physical injuries are not separate crimes in themselves but
circumstances w/c convert the kidnapping into special complex crime for the imposition
of the maximum penalty.
- These are not special complex crime under Art 48
8. If the taking of the victim was incidental to the basic purpose to kill, the crime is only murder even
if before the killing but for purposes thereof, the victim was taken from one place to another.
9. What distinguishes kidnapping from forcible abduction is the presence of absence of lewd
designs. IF the taking is with lewd designs at the outset, the crime is forcible abduction.
10. Summarizing the Distinctions B/n Kidnapping with Rape and Forcible Abduction w/ Rape
a. In Kidnapping with Rape
i. This is a composite crime or special complex crime or a single indivisible felony
ii. There is no lewd designs
iii. Rape is not a separate crime but a qualifying circumstance
iv. Even if there are multiple rapes, there is only one kidnapping w/ rape. The excess rapes
are absorbed.
v. If rape was merely attempted, 2 separate crimes- kidnapping and serious illegal
detention, and attempted rape
b. In Forcible Abduction w/ rape
i. The crime is complex under Art 48 since forcible abduction is a necessary means to
commit the rape.
ii. There is lewd design
iii. Rape is also a crime, not merely qualifying circumstances or element;
iv. If there are multiple rapes, only the first rape shall be complexed with forcible
abduction because the abduction is necessary to commit only the first rape, and the
other rape will be treated as separate crimes
v. If rape is merely attempted, there is only forcible abduction, the attempt to rape is
deemed merely a manifestation of lewd design.

Estrada (2008)
1. Ransom is the money, price, or consideration paid or demanded for the redemption of a
detained person
2. Essence of the Crime of Kidnapping: the taking and transporting of a person against his will
from one place to another. The crime of kidnapping is committed if the purpose is to extort
ransom
3. Essence of illegal Detention: restraining the person of his freedom of liberty. There need not be
an actual lock out. IT is enough that a persons freedom of movement or locomotion is
restrained . One can be illegally detained w/o necessarily transporting him from one place to
another.
4. Motive of the accused is important to determine what crime was committed although it is not
an essential element of a crime

FORCIBLE ABDUCTION: if a woman was taken against her will with lewd designs and is
transported from one place to another

GRAVE COERCION: if a woman is dragged to a distance of 5 meters against her will

ILLEGAL DETENTION: if a woman is taken against her will w/o lewd designs and is transported
from one place to another

SPECIAL COMPLEX CRIME: although 2 or more crimes are committed, in the eyes of the law,
there is only one criminal liability. It is also known as component crime or single indivisible
offense.

5. The crime of Kidnapping w/ Homicide is committed when the victim was killed by his abductor

R.A. 7659 (dec. 31, 1993) when the victim is killed or dies as a consequence of the
detention, or is raped or is subjected to torture or dehumanizing acts, the maximum
penalty shall be imposed.
P v Rimorin: the rule now is: Where the person kidnapped is killed in the course of the
detention, regardless of whether the killing was purposely sought or was merely an
afterthought, the kidnapping and murder or homicide can no longer be complexed
under Art. 48, nor be treated as separate crimes, but shall be punished as a special
complex crime under the last paragraph of Art. 267, as amended by RA No. 7659.
6. In Kidnapping with Homicide: The term Homicide is used in its generic sensebecause killing is
not a crime but a qualifying circumstance. This is a single indivisible offense, not a complex
crime
- Regardless of the number of persons killed ( who must be the kidnap victims) there is one
crime only of kidnapping w/ homicide
- The killing or death here is with reference only to the victim: if another person is killed,
killing is a separate crime.
7. Kidnapping with rape:
- A composite crime or single indivisible offense is committed
- If victim is raped several times, there is only one crime of kidnapping with rape
- The taking of the kidnap victim should NOT be with lewd designs because if it is, the
crime committed is FORCIBLE ABDUCTION WITH RAPE
8. Kidnapping Distinguished from Forcible Abduction
- The presence or absence with lewd designs ,if lewd design is present- forcible
abduction, otherwise, the crime is kidnapping
9. It is grave coercion if there is no intent to deprive a person of his liberty, if there was no
confinement, detention or lock up

Aquino & Aquino (2009)
1. For the crime of Kidnapping, the prosecution must prove that;
a. A person has been deprived of his liberty
b. The offender is a private individual
c. The detention is unlawful
2. If the victim of kidnapping and serious illegal detention is a minor, the duration of the detention
is immaterial.
3. Illegal Detention may be absorbed in robbery
4. Where a band committed robbery and took three of the inmates to a place, one kilometer
away from the house, robbed and killed them, the crime is still robbery with homicide, and not
separate offenses of robbery with violence and kidnapping w/ triple murder


Section Two. - Kidnapping of minors

270.
Kidnapping and Failure to Return a minor
271.
Inducing a Minor to Abandon his Home.
Article The penalty of reclusion perpetua shall be imposed upon any person who, being entrusted with the
custody of a minor person, shall deliberately fail to restore the latter to his parents or guardians.
The penalty of prision correccional and a fine not exceeding seven hundred pesos shall be
imposed upon anyone who shall induce a minor to abandon the home of his parent or
guardians or the persons entrusted with his custody.
If the person committing any of the crimes covered by the two preceding articles shall be the
father or the mother of the minor, the penalty shall be arresto mayor or a fine not exceeding
three hundred pesos, or both.
Elements 1. That the offender is entrusted with the custody of a minor person(whether over or under 7
years of age but less than 21 years of age).
2. That he deliberately fails to restore the minor to his parents or guardians.

Distinguishing Art 267 & 270
In 267 offender is entrusted with the custody of the victim
In 270- offender is entrusted w/ the custody of the minor
1. That minor (whether over or under seven years of age) is living in the home of his parents or
guardian of the person entrusted with his custody.
2. That the offender induces said minor to abandon such home.
Penalty A.Mayor or fine not exceeding P300, or both-crime is committed by the father or mother PC & a fine not exceeding P700- offender is any person

A.Mayor or a fine not exceeding P300 or both- offender is parents
Notes


Reyes (2008)
1. Age of minor is under 21 years.
2. What is punished is the deliberate failure of the custodian of the minor to restore the latter to his
parents or guardians.
3. Kidnapping and failure to return a minor is necessarily included in kidnapping and serious illegal
detention

Boado (2008)
1. The essential element is that the offender is entrusted with the custody of the minor
2. What is punished is the deliberate failure or refusal of the custodian to restore the minor to his
parents or guardians.
3. Deliberate as used in this article implies something more than negligence, it must be
premeditated, obstinate, headstrong, foolishly daring or intentionally and maliciously wrong

Reyes (2008)
a) Age of the minor is under 21 years.
b) The inducement must be actual, committed with criminal intent, and determined by a
will to cause damage.
c) The minor should not leave his home on his own free will.
d) Father or mother may commit crimes under Art. 270 and 271.

Boado (2008)
1. Kidnapping and serious illegal detention cannot be committed by the parents of the
minor
2. In this article, a parent can commit the crime against his own child.

Section Three. - Slavery and Servitude


272.
Slavery
273.
Exploitation of child labor.
274.
SERVICES RENDERED UNDER COMPULSION IN
PAYMENT OF DEBT.
Article The penalty of prision mayor and a fine of not exceeding
10,000 pesos shall be imposed upon anyone who shall
purchase, sell, kidnap or detain a human being for the purpose
of enslaving him.
If the crime be committed for the purpose of assigning the
offended party to some immoral traffic, the penalty shall be
imposed in its maximum period.
The penalty of prision correccional in its minimum and
medium periods and a fine not exceeding 500 pesos shall
be imposed upon anyone who, under the pretext of
reimbursing himself of a debt incurred by an ascendant,
guardian or person entrusted with the custody of a minor,
shall, against the latter's will, retain him in his service.
The penalty of arresto mayor in its maximum period to
prision correccional in its minimum period shall be imposed
upon any person who, in order to require or enforce the
payment of a debt, shall compel the debtor to work for
him, against his will, as household servant or farm laborer.
Elements 1. That the offender purchases, sells, kidnaps or detains a
human being.
2. That the purpose of the offender is t enslave such human
being.

Slavery Distinguished from Kidnapping or Illegal Detention
Slavery- If the purpose of kidnapping or detaining is to
enslave victim
Kidnapping or illegal Detention any other purpose
1. That the offender retains a minor in his service.
2. That it is against the will of the minr.
3. That it is under the pretext of reimbursing himself of
a debt incurred by an ascendant, guardian or
person entrusted with the custody of the minor.
1. That the offender compels a debtor to work for
him, either as a household servant or a farm
laborer.
2. That it is against the debtors will.
3. That the purpose is to require or enforce the
payment of a debt.
Penalty PM & fine not exceeding P10,000
Max period- if purpose is to assign to immoral traffic
PC min & med & a fine not exceeding P500 A.Mayor max to PC min
Notes

Notes

Reyes (2008)
1) Circumstance qualifying the offense, purpose of the
offender is to assign the offended party of some immoral
traffic (prostitution).
2) If the purpose is to enslave the victim, it is slavery;
otherwise, it is kidnapping or illegal detention.
3) The employment or custody of a minor w/ the consent of
parent or guardian even if against the will of the child is
not considered involuntary servitude

Sandoval 2010
1. Purpose is paramount. In the absence of purpose, the
crime could be arbitrary or illegal detention

Estrada (2008)
1. The purpose is to enslave the victim or to assign
him to immoral traffic
2. This is distinguished from illegal detention by the
purpose
Notes

Reyes (2008)
1) The service of the minor must be against his will.
2) Indebtedness; not a ground for detention.


Notes

Reyes (2008)
1) This article specifically provides that the debtor is
COMPELLED to work as household servant or farm
laborer
2) This article does not distinguish whether the victim is a
minor or not UNLIKE art 273




Chapter Two
CRIMES AGAINST SECURITY
Section One. - Abandonment of helpless persons and exploitation of minors.
275.
ABANDONMENT OF PERSON IN DANGER AND
ABANDONMENT OF ONE'S OWN VICTIM.
276.
ABANDONING A MINOR
277.
ABANDONMENT OF MINOR BY PERSON
ENTRUSTED WITH HIS CUSTODY;
INDIFFERENCE OF PARENTS.
278.
EXPLOITATION OF MINORS.
Article The penalty of arresto mayor shall be imposed upon:
1. Any one who shall fail to render assistance to
any person whom he shall find in an
uninhabited place wounded or in danger of
dying, when he can render such assistance
without detriment to himself, unless such
omission shall constitute a more serious offense.
2. Anyone who shall fail to help or render
assistance to another whom he has
accidentally wounded or injured.
3. Anyone who, having found an abandoned
child under seven years of age, shall fail to
deliver said child to the authorities or to his
family, or shall fail to take him to a safe place.

Acts punishable:
1. By failing to render assistance to any person
whom the offender finds in an uninhabited
place wounded or in danger of dying when
he can render assistance without detriment
to himself, unless such omission shall
constitute a more serious offense.

Elements:
a. The place is not inhabited.
b. The accused can render assistance
without detriment to himself;
c. The accused fails to render assistance.
2. By failing to help or render assistance to
another whom the offender has
accidentally wounded or injured.
3. By failing to deliver a child, under seven
years of age whom the offender has found
abandoned, to the authorities or to his
family, or by failing to take him to a safe
place.
The penalty of arresto mayor and a fine
not exceeding 500 pesos shall be imposed
upon any one who shall abandon a child
under seven years of age, the custody of
which is incumbent upon him.
When the death of the minor shall result
from such abandonment, the culprit shall
be punished by prision correccional in its
medium and maximum periods; but if the
life of the minor shall have been in danger
only, the penalty shall be prision
correccional in its minimum and medium
periods.
The provisions contained in the two
preceding paragraphs shall not prevent
the imposition of the penalty provided for
the act committed, when the same shall
constitute a more serious offense.
The penalty of arresto mayor and a fine not
exceeding 500 pesos shall be imposed upon
anyone who, having charge of the rearing or
education of a minor, shall deliver said minor to
a public institution or other persons, without the
consent of the one who entrusted such child to
his care or in the absence of the latter, without
the consent of the proper authorities.
The same penalty shall be imposed upon the
parents who shall neglect their children by not
giving them the education which their station in
life require and financial conditions permit.
Acts punished:
1. By delivering a minor to a public
institution or other persons without the
consent of the one who entrusted
such minor to the care of the offender
or, in the absence of that one, without
the consent of the proper authorities.
a. That of the offender has charge of the
rearing or education of a minor.
b. That he delivers said minor to a public
institution or other persons.
c. That the one who entrusted such child
to the offender has not consented such
act; or if the one who entrusted such
child to the offender is absent, the
proper authorities have not contented
to it.
2. By neglecting his (offenders) children by
not giving them the education which their
station in life requires and financial
condition permits.
a. That the offender is a parent.
b. That he neglects his children by not
giving them education.
c. That his situation in life requires
such education and his financial
condition permits it.
Acts punished:
1. By causing any boy or girl under 16
years of age to perform any
dangerous feat of balancing,
physical strength or contortion, the
offender being any person.
2. By employing children under 16
years of age who are not children
of descendants of the offender in
exhibitions of acrobat, gymnast,
rope walker, diver, o wild animal
tamer, the offender being an
acrobat, etc., or circus manager or
person engaged in any similar
callings.
3. By employing any descendant
under 12 years of age in dangerous
exhibitors enumerated in the next
preceding paragraph, the offender
being engaged in any of the said
callings.
4. By delivering the child under 16
years of age gratuitously to any
person following any of the callings
enumerated in par. , or to any
habitual vagrant or beggar, the
offender being an ascendant,
guardian teacher, or person
entrusted in any capacity with the
care of such child.
5. By inducing any child under 16
years of age to abandon the home
of its ascendants, guardians,
curators, or teachers to follow any
person engaged in any of the
callings mentioned in par. or to
accompany any habitual vagrant
or beggar, the offender being any
person.
Elements 1. That the offender has the custody
of a child.
2. That the child is under seven years
of age.
3. That he abandons the child.
4. That he has no intent to kill the
child when the latter is
abandoned.

Circumstances qualifying the offense.
1. When the death of the minor
resulted from such abandonment;
or
2. If the life of the minor was in
danger because of the
abandonment.
Penalty A.Mayor A.Mayor & a fine nor exceeding P500

PC in med & max- death of minor

PC min 7 med minors life is endangered
A. Mayor & fine not exceeding P500 PC in min & med and a fine not
exceeding P500

Penalty in max if delivery is in
consideration of a price, compensation
or promise
Notes


Reyes (2008)
1) Omission constituting a more serious offense.
2) Par. 2 of Art. 275 applies only when someone is
accidentally injured by the accused.
3) Must the offender know that the child is under
seven (7) years?
4) IMMATERIAL.
5) par. 3 apply to one who found a lost child.
6) the child under seven years of age must be
found by the accused in an unsafe place.

Note: Art 12 par 4 : exempting circumstance of
ACCIDENT no criminal or civil liability BUT when a
person injure another by accident- he has the duty of
rendering assistance

Boado (2008)
1. Uninhabited should mean a place where no
one is roaming around unlike in uninhabited
place in Art 14 which refers to a place where no
one resides w/n the radius of 200 meters.
(2) Abandonment in Art 275 and abandonment if Art
365 (Par 4)
1. Where the person caused injury to
another thru accident under Art 12(4),
he is not criminally liable, but if he fails
to render assistance to the victim, he
will be liable under Art 275
2. The cause of the injury in this article is
accident; in art 365, the cause of the
injury is imprudence or negligence
3. Abandonment in Art 365 is a qualifying
circumstance where the penalty is 2
degrees higher. Abandoment in this
article is a crime with its own penalty
(3) The child in this article (and that of the next)
should be under 7 yrs old. If 7 or over, the liability
will be under RA 7610 The Child Abuse Law

Reyes (2008)
1) When there is intent to kill, this article
does not apply.
2) Intent to kill cannot be presumed from
the death of the child.
a. Crimes against person-
intent to kill is presumed
b. Crimes against security
intent to kill NOT
presumed
3) When there is intent to kill = either
murder, parricide, infanticide as the
case may be
4) A permanent, conscious and
deliberate abandonment is required in
this article.
5) Parents guilty of abandoning their
children shall be deprived of parental
authority.



Notes

Reyes (2008)
1) Only the person charged with the rearing
or education of the minor is liable.
2) Abandonment of minor by person
entrusted with custody v. abandonment of
a minor (rt. 276)
a) In abandoning a minor under Art.
276, the custody of the offender is
specific, that is, the custody for
the rearing or education of the
minor.
b) In Art. 276, the minor is under 7
years of age; in Art. 277 the minor
is under 21 years of age.
c) While in art. 276, the minor is
abandoned in such a way to
deprive him of the care and
protection that his tender years
need; in Art. 277, the minor is
delivered to a public institution or
other person.
3. Obligation to educate children
terminates, if mother and children
refuse without good reason to live with
accused.
4. Failure to give education must be due
to deliberate desire to evade such
obligation.



Notes

Reyes (2008)
(1) Circumstance qualifying the offense:
if crime is made in consideration of
ay price, compensation or promise,
the penalty is higher.
(2) Offender shall be deprived of
parental authority or guardianship.
(3) Exploitation of minor must refer to
act endangering the life or safety of
the minor.
(4) Exploitation of minors 9art. 278, par. 5)
distinguished from inducing a minor
to abandon his home (art. 271)
a) if the purpose of inducing the
minor to abandon the ome is to
follow any person engaged in
any of the callings of being an
acrobat, ymnast, rope-walker,
diver, wild aimal tamer or circus
manager or to accompany any
habitual vagrant or beggar (Art.
278, par. 5), it is exploitation of
minors; if there is no such
purpose, it is inducing the minor
to abandon his home under art.
271.
b) In inducing the minor to
abandon his home under Art.
271, the vim is a minor under 21
years of age; in exploitation of
minors, he must be under 16
years of age.

Boado (2008)
1. This crime treats the calling of
persons engaged in the circus
business and in no. 5 of mendicancy
of begging.
2. Under R.A. 7610, a higher penalty is
imposed for exploitation of minor
where the welfare and development
of the minor was prejudiced by the
establishment where he is employed
279. Additional penalties for other offenses.
The imposition of the penalties prescribed in the preceding articles, shall not prevent the imposition upon the same person of the penalty
provided for any other felonies defined and punished by this Code.
Section Two. - Trespass to dwelling
280. QUALIFIED TRESPASS TO DWELLING. 281. OTHER FORMS OF TRESPASS.
Article Any private person who shall enter the dwelling of another against the latter's will shall be punished by arresto mayor and
a fine not exceeding 1,000 pesos.
If the offense be committed by means of violence or intimidation, the penalty shall be prision correccional in its medium
and maximum periods and a fine not exceeding 1,000 pesos.
The provisions of this article shall not be applicable to any person who shall enter another's dwelling for the purpose of
preventing some serious harm to himself, the occupants of the dwelling or a third person, nor shall it be applicable to any
person who shall enter a dwelling for the purpose of rendering some service to humanity or justice, nor to anyone who shall
enter cafes, taverns, inn and other public houses, while the same are open.
The penalty of arresto menor or a fine not exceeding 200 pesos, or
both, shall be imposed upon any person who shall enter the closed
premises or the fenced estate of another, while either or them are
uninhabited, if the prohibition to enter be manifest and the trespasser has
not secured the permission of the owner or the caretaker thereof.
Elements 1. That the offender is a private person.
2. That he enters the dwelling of another.
3. That such entrance is against the latters will.

1. That the offender enters the closed premises or the fenced estate
of another.
2. That the entrance is made while either of them is inhabited.
3. That the prohibition to enter be manifest.
4. That the trespasser has not secured the permission of the owner or
the caretaker thereof.

Notes

Dwelling place
- Any building or structure exclusively devoted for rest and comfort, as distinguished from places devoted to
business, offices, etc.
- Whether a building is a dwelling house or not depends upon the use to which it is put. A barn may be
converted into a dwelling house or a dwelling house into a barn, by a change of use
- Dwelling includes a room when occupied by another person.

Trespass by means of violence:
1. Pushing the door violently and maltreating the occupants after entering.
2. Cutting of a ribbon or string with which the door latch of a closed room was fastened. The cutting of the fastenings
of the door was an act of violence.
3. Wounding by means of a bolo, the owner of the house immediately after the entrance.
Trespass by means of intimidation:
1. Firing a revolver in the air by persons attempting to force their way into a house.
2. The flourishing of a bolo against inmates of the house upon gaining entrance.
Cases to which the provisions of this article is not applicable:
1. If the entrance to anothers dwelling is made for the purpose of preventing some serious harm to himself, the
occupants of the dwelling, or a third person.
2. If the purpose is to render some service to humanity or justice.
3. If the place where entrance is made a caf. Tavern, inn and other public houses, while the same are open. (Art.
280, last par.)

Reyes (2008)
1. Circumstance qualifying the offense: by means of violence or intimidation.
2. Offender is private person.
3. If the offender is a public officer/employee, the entrance into the welling against the will of the occupant is violation
of domicile. (Art. 128)
4. Entrance into dwelling must be against the will of owner or occupant.
5. Lack permission does NOT amount to prohibition.
6. In general, all members of a household must be presumed to have authority to extend an invitation to enter the
Reyes (2008)
1. Premises distinct and definite locality. It may mean a room,
shop, building or definite area, but in either case, locality is fixed.
2. Entering a warehouse may be trespass under this article.
3. Closed premise. If uninhabited, prohibition is manifest.
4. Distinguished from trespass of dwelling.
4. In trespass to dwelling, the offender is a private person; in other
forms of trespass, the offender is any person.
5. In the first, the offender enters a dwelling house; in the second,
the offender enters closed premises or the fenced estate .
6. In the fist, the place entered is inhabited; in the second, the place
either is uninhabited.
7. In the first, the act constituting the crime is entering the dwelling
against the will of the owner; in the second, it is entering the
closed premises or the fenced estate without securing the
permission of the owner or caretaker, thereof.
8. In the first, the prohibition to enter is express or implied; in the
second, the prohibition to enter must be manifest.

Estrada (2008)
1) Dwelling refers to the place where a person resides. It includes
dependencies of the house. IT is not necessary that it be the
permanent place of a person. Dwelling includes the room where
a boarder transient or bed spacer.
2) Against the will of the owner means the entrance is prohibited
expressly or impliedly
house.
7. There must be opposition on the part of the owner of the house to the entry of the accused.
8. Implied prohibition.
- P. v. Clemente: the door was closed and the fact that the daughter was sleeping and the offended party
was in the market.
- Whoever enters the dwelling of another at late hour of the night after the inmates have retired and closed
their doors does so against their will. Under these circumstances, an express prohibition is not necessary, as it is
presumed.
- U.S. v Silvano: even if the door was only fastened by a string too weak and inadequate to hold it fast.
- Gabriel v. P: owner told the defendants to wait in the open porch then closed the door behind him
- P. v. Marcial: Prohibition is implied in entrance through the window.
9. Prohibition must be in existence prior to or at the time of entrance.
- Dionisio v. Arceo case
- U.S. v, Dionisio: the accused entered the house by the principal door, which they found half-open. There was
no opposition of any kind from the occupant at the time of entrance by accused.
- U.S. v. Arceo: there was violence used by the accused immediately after entrance w/o the consent of the
owner of the house
10. What is intended to be protected and preserved by the law in punishing trespass is the privacy of ones dwelling.
- P. v. Almeda: except in those cases enumerated in the 3
rd
paragraph of Art 280 of the RPC, criminal intent
inheres in the unwelcome visit of a trespasser.
11. Trespass under 2
nd
par., Art. 280: committed by means of violence or intimidation, it is qualified in the sense that higher
penalty is imposed.
12. Must violence refer to person only?
- There is no question that intimidation refers to person.
- Tayag ruling v. Coronel; Abling rulings
- P. v Tayag: the act of the accused in loosening one of the bars of the door by means of bolo and screw driver
as trespass committed by violence.
- P. v. Coronel and P. v. Abling: violence does not refer to force upon things.
13. The violence or intimidation may take place immediately after the entrance.
- U.S. v. Arceo: The accused(Acsd) entered the house w/o first obtaining the permission of any person. Once
inside, Acsd wounded the husband: qualified trespass
14. Prohibition, not necessary when violence or intimidation is employed by the offender.
- U.S. v. Abanto: As long as there is violence or intimidation employed- there is qualified tresspass
15. Trespass may be committed by the owner of a dwelling.
16. All trespassers ordinarily have intention to commit another crime but if no overt ac of the crime intended to be
committed, the crime is only trespass to dwelling.

Boado 2008:
1. The condition of the place determines the crime committed whether trespass to dwelling or
trespass to property
2. As long as the place is inhabited, the crime is trespass to dwelling
3. Even if it is a residential place, if at the time of the commission of the offense it is not inhabited
(e.g. vacant apartment or house for rent) the crime is trespass to property
4. A garage used as a dwelling is covered by this law
5. In trespass to property there is clear or manifest prohibition for entering. The offender enters
w/o the consent of the overseer or owner
6. Against the will of the owner denotes that there is prohibition against entering
7. The prohibition is what maintains the privacy of dwelling
8. If the purpose of the entry is to commit a more serious crime and the trespasser has
commenced overt acts directly related to the more serious offense, the offense is the more
serious one. Dwelling becomes an aggravating circumstance
9. The occupant need NOT be the owner of the dwelling
10. The following is not a crime of trespass to dwelling
i. Purpose of the entry is to prevent some serious harm to the person entering,
the occupants, or third persons;
ii. Purpose of entry is to render some aid to humanity or justice
iii. Places entered are caf, taverns, inns and similar places while they are
open ( but if the place is close there is trespass to property)
11. Permission to enter maybe given by a person of sufficient discretion
Estrada (2008)
1) Qualified Trespass to Dwelling this may be committed by any private person who shall enter the
dwelling of another against the latters will by means of violence or intimidation.
Trespass to property: offender enters the closed premises or fenced state of another that is
uninhabited where there is manifest prohibition against entering such closed premises and the
trespassed has not secured the permission of the owner or caretaker.
Section Three. Threats and coercion

ART. 282.
GRAVE THREATS.

Any person who shall threaten another with the infliction upon the person, honor or
property of the latter or of his family of any wrong amounting to a crime, shall suffer:
1. The penalty next lower in degree than that prescribed by law for the crime be
threatened to commit, if the offender shall have made the threat demanding
money or imposing any other condition, even though not unlawful, and said
offender shall have attained his purpose. If the offender shall not have attained
his purpose, the penalty lower by two degrees shall be imposed.
If the threat be made in writing or through a middleman, the penalty shall be
imposed in its maximum period.
2. The penalty of arresto mayor and a fine not exceeding 500 pesos, if the threat
shall not have been made subject to a condition.
Notes

Reyes (2008)
For the 1
st
form
1. The threat must be to inflict a wrong amounting to a crime upon the person, honor, or property of the offended
party or that of his family.
For example:
- Upon the person: threat to kill unless pay a required amount
- Upon the property: Burn Bs house unless pay the required amount
- Upon honor: to place opium on Bs house and report to authority unless pay the amount
2. Demand for money or imposing any other condition, even though unlawful-
- U.S. v. de la Cruz: there is a demand for money otherwise be killed or burned: grave threats
- A condition that B should give his daughter in marriage otherwise be killed: grave threats
3. Qualifying circumstance:
- Threat is made in writing or thru a middleman.

3
rd
form:
1. Grave threats must be serious and deliberate.
- U.S. v. Paguirigan: there is a deliberate purpose of creating in the mind of the person threatened the belief
that the threats will be carried into effect
- Should not be made in heat of anger OTHER LIGHT THREATS
2. there MUST BE no condition imposed or there is no demand for money.
- P. V. Lustre: If the condition is not proved, it is gave threats under sub-par. 2 of Art. 282.
------
1. Essence of the crime of threats is intimidation.
2. The act threatened to be committed must be wrong.
-
CIRCUMSTANCES WHERE THE SUPREME COURT RULED THAT THE CRIME OF GRAVE THREAT WAS COMMITTED
1. Grave threats may be committed where it was held that the indirect challenge to a gun fight amounted
to intimidation, especially when backed by two warning shots, notwithstanding the fact that the
complainant was not present at the time the challenge was made.
As the crime consists in threatening another with some future harm, it is not necessary that the
offended party was present at the time the threats were made. It is sufficient that the threats, after
they had been made in his absence, came to the knowledge of the offended party.
2. The crime of grave threats is consummated as soon as the threats come to the knowledge of the person
threatened.
Threat, employed by the offender to commit acts of lasciviousness or robbery, is not a separate
crime, because it is the constitutive element of intimidation in those crimes.
If there is another crime actually committed or the objective of the offender is another crime, and
the threat is only a means to commit it or a mere incident in its commission, the threat is absorbed
by the other crime.
But if the threat was made with the deliberate purpose of creating in the mind of the person
threatened, the belief that the threat would be carried into effect, the crime committed is grave
threats, and the minor crime which accompanied it should be disregarded.
3. When the act consists in materially taking possession or securing, on the spot, the delivery of the money or
other personal property, through the effect of fear or fright which the imminence of the injury produces in
the mind of the person intimidated, the nature of the penal act is altered and constitutes, not threats, but
the crime of robbery with intimidation.
Note: if there is another crime actually committed or the objective of the offender is another
Elements Forms of Grave Threats:
1. By threatening another with the infliction upon his person, honor, or
property or that his family of any wrong amounting to a crime and
demanding money or imposing any other condition, even though
not unlawful, and the offender attained his purpose.
2. By making such threat without the offender attaining his purpose.
3. By threatening another with the infliction upon his person, honor or
property or that of his family of any wrong amounting to crime, the
threat not being subject to condition.

Elements of grave threats where offender attained his purpose:
a. That the offender threatens another person with the infliction upon
the latters family, of any wrong.
b. That such wrong mounts to crime.
c. That there is a demand for money or that any other condition is
imposed, even though not unlawful.
d. That the offender attains his purpose.

Elements of grave threats not subject to a condition:
a. That the offender threatens another person with the infliction upon
the latters person, honor, or property, or upon that of the latters
family, of any wrong.
b. That such wrong amounts to a crime.
c. That the threat is not subject to a condition.

Penalty penalty next lower in degree for the crime he threatened to commit if
offender attained his purpose

2 degrees lower: if offender did not attain his purpose

A.Mayor & fine not exceeding P500 threat not subject to a condition

crime, and the threat is only a means to commit it or a mere incident in its commission, the threat
is absorbed in another crime
The offender in grave threats does not demand the delivery n the spot of the money, or other personal property asked
by him.

Nolledo (2010)
1. If the threat is made through another, it is consummated the moment the threat is communicated to the
offended party
2. The threat is to commit a wrong constituting a crime.

Boado 2008:
1. The distinctions between the three kinds of threats
i. Between grave and light threats: In grave threats, the wrong threatened amounts to a crime which may
or may not be accompanied by any condition (C+/-C). In light threats, the wrong threatened does Not
amount to crime but is always accompanied with condition (NC +C)
ii. Between light threats and other light threats: In light threats , the threat does not amount to a crime and
there is a demand for conditions ((NC+C); in other light threats, the wrong does not amount to a crime
and there is no demand for money or other conditions (NC C)
iii. In grave threats: the harm or wrong threatened is in the nature of a crime like a threat to kill, burn the
house, etc and there are indications that he persists in that purpose. However, although in the nature of
the crime, if made in the heat of anger and subsequent event shows that he does not intend to pursue
the threat and commtio the crime threatened, it is other light threats

Aquino & Aquino(2008)
1. To constitute coercion, intimidation is sufficient w/o the necessity of actually laying hands on the person
coerced.
2. Coercion is committed although objective was not attained
3. Illegal arrest by a policeman was held to be coercion
4. Distinguished from Robbery
The distinction is a matter of intention
If the purpose in taking the property is gain, it is robbery
If the purpose is to compel another to do something against his will and forcibly seized the
property- grave coercion

283.
LIGHT THREATS.
Any threat to commit a wrong not constituting a crime, made in the manner
expressed in subdivision 1 of the next preceding article, shall be punished by arresto
mayor.

Notes

Reyes (2008)
1. Light threats are committed in the same manner as grave threats, except that the act threatened to be committed
should not be a crime.
2. Light threats do not include a threat to commit a wrong not constituting a crime, which is not subject to a condition.
- For example:
A threatens B for exposure w/o a demand for money or other conditionsNOT Light threats. When orally
made Art 285., par 3 (Other Light Threats) applies, because this provision requires no imposition of condition
or demand of money.
3. Blackmailing maybe punished under Art. 283.
- For example:
A threatens B w/ accusation of exposure, if B does not give P1,000to be deposited at an indicated place.
- P. v. Hao Y. Chao: the threat upon the complainant telling her she would be reported to the BIR for tax
evasion otherwise should pay PP1,000.00 LIGHT THREATS
4. The threat of reporting the offended parties to the authorities did not constitute a crime- but not the threat
demanding money
Elements
Elements:
1. That the offender makes a threat to commit a wrong.
2. That the wrong does not constitute a crime.
3. That there is a demand for money or that other condition is
imposed, even though not unlawful.
4. That the offender has attained his purpose or, that he has not
attained his purpose.

Penalty A. Mayor
284.
BOND FOR GOOD BEHAVIOR
In all cases falling within the two next preceding articles, the
person making the threats may also be required to give bail not to molest
the person threatened, or if he shall fail to give such bail, he shall be
sentenced to destierro.
Notes

Reyes (2008)
1. Art. 284 is applicable only to cases of grave threats and light threats.
2. Bond for good behavior (Art 284) Distinguished with Bon d to keep peace (Art 35)
- In bond to keep peace- if the offender fails to give bond, he shall be detained for a period not exceeding six months (if
prosecuted for grave or less grave felony) or not exceeding six months (if prosecuted for a light felony).
- In bond for good behavior if he shall fail to give bail, he shall be sentenced to destierro.
6. The giving of bail is an additional penalty.

Estrada (2008)
2. During the proceedings in the criminal case, the complainant thru his lawyer may file a motion in court praying that the accused
be required to post a bond to ensure that the accused will not commit the threatened act.
3. If despite the court order, the accused fails to post the bond, he shall be sentenced to destierro (be banished of not more than
250 km but not less than 25 km radius)
Elements In what cases required?
1. When he threatens another under the
circumstances mentioned in Art. 282.
2. When he threatens another under the
circumstances mentioned in Art. 283.
Penalty Destierro
285.
OTHER LIGHT THREATS.
The penalty of arresto menor in its minimum period or a fine not
exceeding 200 pesos shall be imposed upon:
1. Any person who, without being included in the provisions of the
next preceding article, shall threaten another with a weapon or
draw such weapon in a quarrel, unless it be in lawful self-
defense.
2. Any person who, in the heat of anger, shall orally threaten
another with some harm not constituting a crime, and who by
subsequent acts show that he did not persist in the idea involved
in his threat, provided that the circumstances of the offense shall
not bring it within the provisions of Article 282 of this Code.
3. Any person who shall orally threaten to do another any harm not
constituting a felony.

Notes

Reyes (2008)
1. Without being included in the provision of the next preceding article: there is no demand for money or that there is no condition
imposed when the offender threatens another with a weapon and that the case does not fall in subdivision No. 2 of Art 282.
2. Orally threatening another, in the heat of anger with some harm constituting a crime punished in par. 2.
3. Offense was light threat: who by subsequent acts show that he did not persist in the idea involved in his threat
4. Art. 285(other light threats) compared w/. Art. 282(grave threats) and Art. 283(light threats)
a. Threats under par. 2 of art. 285 is similar to the third form of grave threats (Art. 282), because the harm threatened to be
committed is crime.
Art 282 3
rd
form: By threatening another with the infliction upon his person, honor or property or that of his family of
any wrong amounting to crime, the threat not being subject to condition.
Art 285.par 2: By orally threatening another, in a heat of anger, with some harm (not) constituting a crime, without
persisting in the idea involved in his threat.
b. Threats under par. 3 of Art. 285 is similar to light threats (Art. 283), because the harm threatened to be committed is not a
crime.
Art 285, par.3 :By orally threatening to do another any harm not constituting a felony.
Art 283: light threats
c. The difference lies in the fact that in other light threats (Art. 285), there is no demand for money or that there is no condition
imposed or that the threat is not deliberate.
- U.S. v. Paguirigan: A person in an excited manner ordered the men planting to stop their work and leave, threatening to
kill them unless they obeyed- guilty of par 2 Art 285 (other light threats)
- P. v. Padayhag: in a heated argument: the accused said he would cut her off to pieces, making aggressive gestures
and trying to attack her with a bolo. A person caught his wrist and held it tightly. Nothing more happned: guilty of other
light threats:
5. Threats which ordinarily are grave threats, if made in the heat of anger, may be other light theat.
6. Other light threats is committed where the threats are directed to a person who is absent and uttered in a temporary fit of anger.

Boado 2008:
1. Light Threat is similar to blackmailing. The wrong threatened does not amount to a crime coupled with a demand for
money or other conditions. It cannot be committed w/o condition
Two Possible Crimes involving Blackmailing
(a) Light threat: if the material is not defamatory ( threatening a young movie star to pay or offender will publish
that she is married and with kids)
(b) Art 356 (threatening to publish a libel)
Elements Acts punished:
1. By threatening another with a weapon, or by
drawing such weapon in a quarrel, unless it be in
lawful self-defense.
2. By orally threatening another, in a heat of anger,
with some harm (not) constituting a crime, without
persisting in the idea involved in his threat.
3. By orally threatening to do another any harm not
constituting a felony.

Two act punished in par. 1
1. Threatening another with a weapon, even if there is
no quarrel; and
2. Drawing a weapon in quarrel, which is not lawful
self-defense.

Penalty


286.
Grave Coercions

The penalty of arresto mayor and a fine not exceeding 500 pesos
shall be imposed upon any person who, without authority of law, shall, by
means of violence, prevent another from doing something not prohibited by
law, or compel him to do something against his will, whether it be right or
wrong.
If the coercion be committed in violation of the exercise of the right of
suffrage, or for the purpose of compelling another to perform any religious act
or to prevent him from exercising such right or from so doing such act, the
penalty next higher in degree shall be imposed ( As amended by R.A. No.
7890 w/c took effect Feb 20, 1995)




Notes

Reyes (2008)
1. Coercion by preventing.
- What is prevented must not be prohibited by law, otherwise there will be no coercion
- In grave coercion, the act of preventing by force must be made at the time the offended party was doing or about
to do the act to be prevented. If the act was already done when violence is exerted, the crime is unjust vexation.
P.v. Madrid: In grave coercion, the person coercing must have restrained his victim from doing something,
not prohibited by law, at the time he wanted to do it. The coercing person must have exerted violence on
his victim at the very moment the latter is doing or is about to do something.
- When act of preventing is another crime;
Public officer preventing by means of violence or threats the manifestations of any religion: INTERRUPTION
OF RELIGIOUS WORSHIP
Any person by force prevents the meeting of legislative body: ART. 143
Any person by force or intimidation prevent any member of the Con gress from attending the meeting: ART.
145
2. Coercion by compelling
- Unauthorized compelling of another person against his will to do something whether just or unjust; its essence being
an attack on the individual liberty.
- Compelling another to do something includes the offenders act of doing it himself while subjecting another to his will.
- When the complainant is in the actual possession of a thing, even if he has no right to that possession, compelling
him by means of violence to give up the possession, even by the owner himself, is grave coercion.
U.S. v. Mena: with violence, he compelled to do that which the latter did not desire to do, to turn over the
possession of the carabaos to him, and it matters not whether it was right or wrong: GRAVE COERCION
- When the act of compelling is another offense:
A public officer not authorized compels a person to change his residence: EXPULSION( Art 127)
Kidnapping the debtor to compel him to pay hid debt: GRAVE COERCION KIDNAPPING FOR RANSOM ( Art
267)
3. Violence, threats or intimidation may be used to prevent or compel the offended party
- U.S. v. Tupular: Before Art. 286 was amended by R.A. 7659, violence was the only means to prevent or to compel an
offended party although it held that to constitute coercion, intimidation is sufficient, without necessity of actually
laying hands on the person coerced.
- P.v. Rimando: The taxi driver who threatened to bump his car to kill himself and his female passenger, if she would
not go with him to a night club, is guilty of grave coercion.
The crime of grave coercion is consummated even if the offender failed to accomplish his purpose.
The intimidation takes the place of the element of violence
The intimidation was intended to control the will of the offended party.
4. The crime is not grave coercion when the violence is employed to seize anything belonging to the debtor of the offender:
LIGHT COERCION
5. Not intimidation by display of force, if arms are not used.
6. Surrounding complainant in a notoriously threatening attitude is sufficient.
7. The force or violence must be immediate, actual or imminent.
- P v. Romero: the delivery of the money was the effect of a threat made the day before: NO COERCION; there
being no actual or imminent force or violence exerted upon the complainant when he delivered the amount (note:
the court held there is GRAVE THREAT because (1) there was a condition imposed and (2) an act constituting a crime
was threatened to be committed.
8. Without authority of law to prevent or to compel
- The person who restrains the will and the liberty of another has not the right to do so as a private person or does not
act in the exercise of a duty in the case of a person with a duty to perform or w/ authority as a public functionary
- The owner of a thing has no right to prevent interference with it when interference is necessary to avert greater
damage.
Elements Two ways of committing grave coercions:
1. By preventing another, by means of violence, threats or
intimidation, from doing something not prohibited by the
law.
2. By compelling another, by means of violence, threats or
intimidation, to do something against his will, be it right or
wrong.

Elements of grave coercions:
1. That a person prevented another from doing something
not prohibited by law, or that he compelled him to do
something against his will, be it right or wrong;
2. That the prevention or compulsion be effected by
violence, threats or intimidation; and
3. That the person that restrained the will and liberty of
another had not the authority of law or the right to do so,
or, in other words, that he restraint shall not be made
under authority of law or in the exercise of any lawful right.


Purpose of the law in penalizing coercion: to enforce the
principle that no person may take the law into his hands ,
and that our government is one of law, not of men.
Penalty
- There is right to prevent of the father who by use of violence prevents his unemancipated son from leaving the home
just to loiter around
- There is right to compel in the case of a doctor who compels an insane to leave the hose of one sick w/ cholera
9. There is no grave coercion when the accused acts in good faith in the performance of his duty.
10. A person who takes the law into his hands with violence, is guilty of grave coercion.
11. Coercion is consummated even if the offended party did no accede to the purpose of coercion

Boado
1. Threat and Grave Coercion
In threat
a. The threatened harm or wrong is future and conditional
b. It may be done through an intermediary or in writing
c. It is committed by means of intimidation which is future and conditional
e.g. If you are still here when I come back, I will kill you
In Coercion
a. The threatened harm or wrong is immediate, personal, and direct
b. It cannot be done by means of intermediary or writing
c. It is committed by violence ( although it may be brought about by intimidation if it is serious enough, direct,
immediate and personal, as for example intimidation with firearm threat is not future and conditional
e.g. If you do not get out, I will kill you

2. Kinds of Grave Coercion
1. Preventive: the offender uses violence or intimidation to prevent the victim from doing what he
wants
2. Compulsive: the offender uses violence or intimidation to compel the offended to do what he
does not want to do
In preventive, the act prevented is not prohibited by law (P-NOT); In compulsive, the act compelled may or may
not be prohibited by law
In preventive
3. The distinction between preventive and compulsive coercion is significant in the sense that the violence or intimidation will
bring about grave coercion if the act prevented is not prohibited by law; if prohibited by law, the liability is for some other
crime. In compulsive whether prohibited or not, it is grave coercion
4. Coercion must not be in writing since it must be direct, immediate, or personal. Only threat can be in writing
5. Crimes that may arise from intimidation
(a) Robbery if the intimidation is immediate but conditional coupled w/ demand for money or any
consideration (intent to gain)
(b) Threat, if it is future or conditional
(c) Coercion, if it is direct, immediate, and personal or serious enough like threatening a weapon.
6. What is required of intimidation to make the act grave coercion is that it must be carried out to a point that deprived the
offended of his freedom of will.
7. Force must be threatening great bodily harm that remains constant and controlling the will of the unwilling participant
while the act is being performed and from which he cannot then withdraw from safety.

Estrada (2008)
1. Ways of Committing
a. Violence
b. Threats
c. Intimidations


287.
Light Coercions
Any person who, by means of violence, shall seize
anything belonging to his debtor for the purpose
of applying the same to the payment of the debt,
shall suffer the penalty of arresto mayor in its
minimum period and a fine equivalent to the
value of the thing, but in no case less than 75
pesos.
Any other coercions or unjust vexations shall
be punished by arresto menor or a fine ranging
from 5 pesos to 200 pesos, or both.

Notes

Reyes (2008)
1. Par. 1 of art. 287 is limited to a case where the offender seized anything belonging to his debtor by means of violence to apply the same to the
payment of the debt.
2. The offender must be a creditor of the offended party.
3. Taking possession of he thing belonging to the debtor, through deceit and misrepresentations, for th purpose of applying the same to the payment of
the debt, I unjust vexation under the second par. of Art. 287.
4. Actual physical violence need not be employed.
5. Unjust vexation other light coercion (Art. 287, par. 2)
6. Unjust vexation includes ay human conduct which, although to productive of same physical or material harm would, however unjustly annoy or vex an
innocent person.
7. Test: whether the offenders acts causes annoyance, vexation, torment, distress or disturbance to the mind of the person to whom it is directed.
8. Kissing a girl, without performing acts of lasciviousness, is unjust vexation.
9. There is no violence or intimidation in unjust vexation.
10. When the act of the accused has no connection with his previous acts of violence, it is only unjust vexation.

Boado 2008:
1. Unjust vexation is any form of annoyance of another person. It is a crime against personal security and NOT against property. Malicious
Mischief is a crime against property. Destruction of property to annoy another is malicious mischief, not unjust vexation.
2. Slapping a person or kissing a girl in public can amount to;
i. Unjust vexation if the purpose to annoy the offender
ii. Maltreatment (slapping) if the purpose is to injure
iii. Acts of lasciviousness (kissing) if with lewd intent
iv. Slander by deed if the purpose is to humiliate the victim.
Estrada (2008)

1. 1
st
paragraph
- only the creditor may commit the crime
- uses violence in seizing a property belonging to a debtor for the purpose of applying to the payment of his loan
- if w/ other purpose, crime can be robbery w/ violence
2. 2
nd
paragraph
Provides for other coercions or unjust vexations .
Anything that annoys or vexes a person w/o violence is unjust vexatio
Elements Elements:
1. That the offender must be a
creditor.
2. That he seizes anything
belonging to his debtor.
3. That the seizure o the ting be
accomplished by means of
violence or display of
material force producing
intimidation.
4. That the purpose of the
offender is to apply the same
to the payment o the debt.
Penalty arresto menor or a fine ranging from 5
pesos to 200 pesos, or both.

288
Other similar coercions compulsory purchase of merchandise or payment of wages by means of tokens.
Acts punished:
1. By forcing or compelling, directly or indirectly, or knowingly permit the forcing or compelling of the
laborer or employee of the offender to purchase merchandise or commodities of any kind from him.
2. By paying the wages due his laborer or employee by means of tokens or objects rather than the legal
tender currency of the Philippines, unless expressly requested by such laborers or employees.

Elements of No. 1:
a. Hat the offender is any person, agent or officer of any association or corporation.
b. Hat he or such firm or corporation has employed laborers or employees.
c. That he forces or compels , directly or indirectly, or knowingly permits to be forced or compelled,
any of his or her laborers to purchase merchandise or commodities of any kind from him or from
said firm or corporation

Elements of no. 2:
a. That the offender pays the wages due a laborer or employee employed by
him by means of tokens or objects.
b. That those tokens or objects are other than the legal tender currency of the
Philippines.
c. That such employee or laborer does not expressly wish that he be paid by
means of tokens or objects.

Right of laborers or employees to recieve just wages in legal tender.

No coercion or threat under the RPC.
Chapter Three
DISCOVERY AND REVELATION OF SECRETS
(290-292)
Article
Art. 290. Discovering secrets through seizure of correspondence. The penalty of
prision correccional in its minimum and medium periods and a fine not exceeding
500 pesos shall be imposed upon any private individual who in order to discover
the secrets of another, shall seize his papers or letters and reveal the contents
thereof.
If the offender shall not reveal such secrets, the penalty shall be arresto mayor and
a fine not exceeding 500 pesos.
The provision shall not be applicable to parents, guardians, or persons entrusted
with the custody of minors with respect to the papers or letters of the children or
minors placed under their care or study, nor to spouses with respect to the papers
or letters of either of them.

Art. 291. Revealing secrets with abuse of office. The penalty of arresto mayor and
a fine not exceeding 500 pesos shall be imposed upon any manager, employee, or
servant who, in such capacity, shall learn the secrets of his principal or master and
shall reveal such secrets.

Art. 292. Revelation of industrial secrets. The penalty of prision correccional in its
minimum and medium periods and a fine not exceeding 500 pesos shall be
imposed upon the person in charge, employee or workman of any manufacturing
or industrial establishment who, to the prejudice of the owner thereof, shall reveal
the secrets of the industry of the latter.
Notes

Reyes
290
1) Seized to place in the control of someone a thing or to give him the possession therefor.
2) The purpose of the offender must be to discover the secrets ofanother.
3) The offender must be informed ofthe contents of papers or letters.
4) Prejudice is not an element of the offense.
5) Circumstance qualifying the offense: hen the offender reveals he contents f such paperor letters of
another to a third person,the penalty is higher.
6) Hence, revealing the secrets is not an element of the offense.
7) Ar. 290 Is not applicable to letters of minors or spouses.
8) Sec. 2756 of the Administrative Code punishes theunlawful opening of mail matter.

291
1) Secrets must be learned by reason of their employment.
2) The secret must be revealed by the offender.
3) Damage is not necessary.

292
1. Secrets must relate to manufacturing processes.
2. The act constituting he crime is revealing the secret of the industry of the employer.
3. The revelation of the secret might be made after the employee or workman had ceased to
be connected with the establishment.
4. Prejudice is an element of the offense.

Boado(2009)
1. Whether the offender reveal the secret or not, crime is committed
2. Contents must be secret which implies that the letter is confidential character
3. Other crimes that may be committed in relation to seizure of correspondence;
a. Malicious Mischief: purpose is not to know the contents but simply to prevent the addressee from
receiving the correspondence by destroying the same (malicious mischief is destruction of property)
b. Estafa: (Art 315 par 3 c) if the offender knew that the addressee must receive it, otherwise the latter will
be prejudiced (e.g. pawnshop notices, notice of disconnection)
c. Qualified Theft: if the purpose is to take valuables inside the mail.
d. Infidelity in the custody of documents: mail matter is officially entrusted to the public officer for
transmittal
e. Arson: if mail matter is burned- the value of the mail is nominal as the law on arson does not require a
minimum value for the property.
4. Exempted from the provisions of Art 290
a. Parents, guardians, and persons exercising legal authority over minors
b. Between husband and wife to maintain fidelity w/ each other (provided, they are not legally
separated and living apart)
5. R.A. 4200 prohibits and penalizes wire tapping and other related violations of the privacy of
communications
- Only private communication is expressly prohibited to be recorded secretly
- IT applies if the taping was done by a party to the conversation
- There must be consent of all the parties to any private communication to avoid its violation
Elements
Elements: (290)
a. That the offender is a private individual or even a public officer not n the
exercise of his official function.
b. That he seizes papers or letters of another.
c. That the purpose is to discover the secrets of such another person.
d. That the offender is informed of the contents f the papers or letters seized.

Elements: (291)
1. That the offender is a manager, employee or servant.
2. That he learns the secrets of his principal or master in such capacity.
3. That he reveals such secrets.

Elements: (292)
1. That the offender is a person in charge, employee or workman of a
manufacturing or industrial establishment.
2. That the manufacturing or industrial establishment has a secret of the
industry which the offender has learned.
3. That the offender reveals such secrets.
4. That prejudice is caused to the owner.

Title Ten
CRIMES AGAINST PROPERTY



293.
WHO ARE GUILTY OF ROBBERY.
Any person who, with intent to gain, shall take any personal
property belonging to another, by means of violence or
intimidation of any person, or using force upon anything shall be
guilty of robbery.
Notes

Reyes (2008)
1. Those guilty of robbery any person who, with intent to gain, shall take any personal property belonging to another, by means of violence
against or intimidation of any person, or using force upon anything, shall be guilty of robbery.
2. Distinctions between effects of employment of VAIAP and those of use FUT:
1. Whenever violence against or intimidation of any person is used, the taking is always robbery; if the is no violence or intimidation, but
only FUT, taking is robbery if force is used to either enter building or to break doors, etc.
2. In RVAIP, value ofpersonalproperty is immaterial; penalty depends on:
a. Result of violence used
b. Existence of intimidation only
3.In RFUT in an uninhabited building, the penalty is based on the value of the property taken.

Boado 2008:
1. Asportation is the taking of personal property out of the possession of the owner, w/o his privity and consent and w/o animus
revertendi
2. Asportation is present once the property is taken from the owner, even for an instant.
3. The subsequent disposition of the property, or failure to dispose of the same, is of no moment in so far as the characterization
of the offense as robbery is concerned.
4. In theft and robbery, the crime is consummated when the offender takes control of the property.
5. There is complete control when the offender has acquired and substituted his will over the property.
6. Animus Lucrandi or intent to gain is an internal act which can be established thru the overt acts of the offender.
7. Intent to gain is presumed when one is found in possession of stolen goods.

Estrada (2008)
1. The object of robbery is a movable property- a personal property. Real property or immovable property cannot be the
object of robbery.
2. Unlawful taking is the essential element in robbery
3. The taking must be against the will of the owner or lawful possessor of a personal property.
4. Taking must have the character of permanency- if there is no intention on the part of the owner to deprive the owner of a
thing permanently, robbery is not committed.
5. Intent to gain is presumed from the taking of a personal property belonging to another. Mere intent to gain is enough.
6. Robbery and Theft Compared
Similarities
a. Both involve taking or asportation
b. Both involve taking of personal property
c. The taking is with intent to gain
Distinctions
a. In robbery, the taking of personal property is done w/ the use of violence or intimidation or with force upon things
b. In theft, the taking is w/o the knowledge or consent of the offender. The taking is w/o violence or consent of the owner. It
is w/o violence, intimidation or with force upon things

Elements Classification;
1. Robbery with violence against, or
intimidation of persons (RVAIP)
2. Robbery with the use of force upon things
(RFUT)
b. Robbery in Inhabited House or Public
Building or Edifice devoted to Public
Worship
c. Robbery in uninhabited house or in a
private building.

Elements in robbery in general:
1. That there be personal property
belonging to another
2. That here is unlawfultaking of that
property
3. That the taking must be w/ intent to gain
4. That there is violence against or
intimidation of any person, or fore upon
anything


Penalty

294.
ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF
PERSONS; PENALTIES.

Any person guilty of robbery with the use of violence against or intimidation
of any person shall suffer:
1. The penalty of reclusion perpetua to death, when by reason or on occasion
of the robbery, the crime of homicide shall have been committed.
2. The penalty of reclusion temporal in its medium period to reclusion perpetua
when the robbery shall have been accompanied by rape or intentional
mutilation, or if by reason or on occasion of such robbery, any of the physical
injuries penalized in subdivision 1 of Article 263 shall have been inflicted;
Provided, however, that when the robbery accompanied with rape is
committed with a use of a deadly weapon or by two or more persons, the
penalty shall be reclusion perpetua to death(As amended by PD No. 767).
3. The penalty of reclusion temporal, when by reason or on occasion of the
robbery, any of the physical injuries penalized in subdivision 2 of the article
mentioned in the next preceding paragraph, shall have been inflicted.
4. The penalty of prision mayor in its maximum period to reclusion temporal in its
medium period, if the violence or intimidation employed in the commission of
the robbery shall have been carried to a degree clearly unnecessary for the
commission of the crime, or when the course of its execution, the offender shall
have inflicted upon any person not responsible for its commission any of the
physical injuries covered by sub-divisions 3 and 4 of said Article 23.
5. The penalty of prision correccional in its maximum period to prision mayor in
its medium period in other cases. (As amended by R. A. 18).
Notes

Reyes (2008)
1. RVAIP under Paragaph 5 Art. 294
2. Known as simple robbery, because the violence aganst any person does not result in homicide, rape, intentional
mutilation, or any serious physical injuries that give rise to a special complex crime.
3. Threats to extort money distinguished from robbery thru intimidation:
1. Both, there is intimidation by offender
2. Both, purpose is identical: to obtain gain
3. In robbery, intimidation is actual and immediate; in threats, intimidation is conditional or future
4. In robbery, intimidation is personal; in threats, it may be done thru n intermediary
5. In robbery, intimidation is directed only to person of victim; in threats, intimidation may refer to person, honor or
property of offended party or that of his family
6. In robbery, gain of culprit is immediate; in threats, gain is not immediate
4. Robbery ith violence distinguished from grave coercion:
1. Both, there is violence used by the offender
2. In robber, there is intent to gain; in grave coercion, here s no such element
5. Robbery and bribery distinguished:
1. Robbery if victim did not commit a crime and is intimidated with arrest and/or prosecution to deprive him of his
personal property; bribery when the victim has committed a crime and give money or gift to avoid arrest or
prosecution
2. In robbery. The victim is deprived of money/property bby force or intimidation; in bribery, he parts with money/
property in a sense voluntarily.

Sandoval (2010)
Robbery w/ Homicide
1. The original criminal design of the culprit must be robbery and the Homicide is perpetrated w/ a view to the commission of the
robbery.
- Is A, hired assassin, shot B and when about to leave the scene saw the watch of B and took the same= not Robbery
w/ Homicide but MURDER & theft
P v Pecato: as long as the criminal objective or plan is to rob, whther the killing is accidental or intentional = ROBBERY
W/ HOMICIDE
P v Lara:it is ROBBERY W/ HOMICIDE where the killing was done to defend the possession of the stolen property even if
the killing was perpetrated after the robbers were on their way to escape.
2. The word homicide in Robbery w/ Homicide is used in its generic sense as it includes Murder and absorbs Serious PI
committed during the robbery
P v Salvatierra: the special complex crime of Robbery w/ Homicide should not be multiplied and be made
dependent on the number of person killed-
P v Gano:additional killings cannot be considered as aggravating circumstances as there is no law providing that
additional killings should be considered as aggravating circumstance

Robbery w/ Rape
1. The law uses the phrase shall have been accompanied by
P v Villagracia: after ransacking the house of money and jewelry, the offended party was brought out of the house,
and while she was able to run away, was chased and caught and raped by all six accused- ROBBERY W/ RAPE
2. If the 2 crimes were separated by time and space, there is no complex crime of Robbery w/
Rape
P v Angeles: the taking of the goods from the house was completed and the three (3) robbers (including appellant
Angeles) walked towards Dela Fuente Street where they boarded a taxi which brought them to Recto Avenue. At
Recto Avenue, the three (3) men and the victim Analie Baltazar got off the taxi and the two (2) co-felons of Angeles
left and went their own way while appellant Angeles proceeded to a motel located in Dakota Street not far away
Elements Acts punished:
1. when by reason or n occasion of robbery, crime of
homicide is committed.
2. When robbery is accompanied by rape or intentional
mutilation or arson
3. When by reason or on occasion of such robbery, any of
the physical injuring resulting in insanity, imbecility,
impotency or blindness is inflicted
4. When by reason or on occasion of such robbery, any of
the physical injuries resulting in loss of use of speech or the
power to hear or smell, or the loss of any eye, a hand, a
foot, n arm, or a leg or the loss of the use of any such
member or incapacity for the work in which the injured
person is therefore habitually engaged is inflicted.
5. If the violence or intimidation employed in the commission
of the robbery is carried to a degree clearly unnecessary
for the h commission of the crime
6. When n the course of its execution, the offender shall
have inflicted upon any person not responsible for th
commission o the robbery any f the physical injuries in
consequence in which the person injured becomes
deformed of loses ay other member of his body or loses
the use thereof or becomes ill or incapacitated forth
performance f the work in which he is habitually engaged
for more than 90 days or the person injured becomes ill or
incapacitated fro labor for more than 30 days
7. If the violence employed by he offender does to cause
any of the serious physical injuries defined in Art. 263, or if
the offender employs intimidation only.

Requisites of robbery under second case ofparagraph 4:
1. That yof he physical injuries defined in praraphs 3 and 4 of
Art. 263 wa s inflicted in the coure of the robbery.
2. Tht ay of them as inflicted upon any person not
responsible for the commission of the robbery.

3.
from recto Avenue in the direction of Quiapo District.The acts constitutive of the robbery at the house of the Baltazars
and the acts comprising the rape inflicted upon Analie Baltazar were separated both by time and space. The
conspiracy between the three (3) malefactors clearly covering the robbery had come to an end with the departure
of two (2) of the conspirators. The rape was carried out after the completion of the robbery and after the break up of
the malefactors. The situs of the rape was far away from the situs of the robbery. We believe and so hold that under
the circumstances of this case, appellant Angeles was properly charged with two (2) distinct offenses of robbery and
of rape, rather than with the special complex crime of robbery with rape under Article 294, paragraph 2 of the
Revised Penal Code. Conceptually, the robbery had not been "accompanied by rape," neither was the rape
committed "by reason or on [the] occasion of such robbery;" rather, the robbery and the rape were committed
successively or in sequence

Boado 2008:
1. The homicide, rape, mutilation, arson or physical injuries are not separate crimes but circumstances w/c are
component elements of the special complex crime of robbery with ______.
2. Injuries treated in par 2 to 4 composing the special complex crimes of robbery w/ physical injuries are SERIOUS
PHYSICAL INJURIES.
3. In simple robbery injuries are thos of less serious and slight physical injuries
4. If the complex crime of robbery with homicide is not proved, the defendant can be convicted of the offenses
proved.
where a complex crime is charged and the evidence fails to support the charge as to one of the component
offenses, the defendant can be convicted of the offense proved.
5. The special complex crime of robbery with homicide is primarily a crime against property and not against person,
homicide being a mere incident of the robbery.
6. In robbery w/ homicide, there must be a direct relation b/n the two crimes.
7. Homicide is used in the generic sense. Any kind of death, even accidental will bring about robbery with homicide.
Both robbery and homicide must be consummated.
8. If robbery is merely attempted or frustrated, the crime will be attempted or frustrated robbery with homicide.
9. If there is no intent to kill and was not consummated, there will be 2 separate crimes = attempted or frustrated
homicide or murder and attempted or frustrated robbery
10. If accidental, hence no intent to kill and injury resulted: attempted or frustrated robbery w/ serious physical injuries
11. There is NO crime of robbery with double homicide. The special complex crime of robbery with homicide does not
limit the homicide to one victim. All the homicide are merged in the composite integrated whole as long as the
killings were perpetrated by reason or on the occasion of the robbery.
12. There is no crime of robbery w/ homicide and frustrated homicide; or robbery w/ homicide and physical injuries.= only
robbery with homicide
13. If there is homicide, All those who took part in the robbery are liable as principals although they did not take part in
the killing.
14. The other homicides or rapes in a robbery which was accompanied by number of killings or rapes will not be
considered aggravating circumstances.
15. Homicide may either be before or after the robbery, provided the taking is not merely an afterthought.
16. The phrase by reason covers homicide committed before or after the taking of personal property as long as the
motive of the offender in killing a person before the robbery is to deprive the victim of his personal property.
17. The value of the property is immaterial
18. Dwelling is an aggravating circumstance in robbery with homicide because the author could have accomplished
the deed of snuffing out the victims life w/o having to violate his domicile.
19. In robbery with rape, the intent to take personal property must precede the rape, and if the original plan was to rape
, but the accused also committed robbery, the offenses should be viewed as separate and distinct.
20. What crimes are committed if the sequences of the act is; rape, homicide, then robbery;
a. If victim is raped, then killed, then robbed the place =
1. Rape with homicide, and
2. Robbery
c. If raped, then killed, and took jewelry and valuables from her person;
Penalty
1. Rape with homicide
2. Theft (because the dead can no longer be intimidated, taking is merely an afterthought)
d. If robbed, raped, then killed- robbery with homicide( rape is absorbed)
e. If raped, robbed, then killed: robbery with homicide ( because she was still alive when they committed the
robbery and homicide takes precedence over rape in order of priority unless force or violence was no longer
applied to perform the taking as the victim is no longer capable of resisting the raking (separate crimes of RAPE
and THEFT)
21. Robbery and intentional mutilation must both be consummated. There must be intent to mutilate for if merely resulted as
a consequence of the injury inflicted, the crime would be robbery with serious physical injuries.
22. In order to have robbery with arson, there must be violence and intimidation upon person first and thereafter, the premises
are burned and there is no killing, rape, or mutilation (take note of the sequence of priority of violence)
23. In robbery with homicide, the physical injuries must be serious
a. In par 4., the serious physical injuries covered by Art 263 par 3 and 4 must be inflicted when robbery was not yet
consummated
b. If inflicted after the robbery was consummated, two separate crimes :simple robbery and serious physical injuries.
c. If what is inflicted is less serious or slight physical injuries- injuries are absorbed under simple robbery.
24. Even if the person killed or injured is one of the robbers, the crime is still robbery with homicide or robbery w/ serious
physical injury the law does not distinguished
25. In par 4. If the persons injured are the robbers, there is no robbery with physical injuries (injuries should be inflicted while
robbery is not yet consummated and on the persons not responsible for the crime)

Estrada (2008)
1. Treachery can be appreciated only in crimes against persons; not applicable in robbery w/ homicide because it is
classified as crimes against property
2. There are no crimes of
a. Robbery w/ attempted/ frustrated Homicide
b. Robbery with Homicide and Frustrated Homicide ( will be separate crimes of R and Attempted or Frustrated H or
Murder)
c. Robbery with Homicide and Serious Physical Injuries
3. If the main purpose is to kill and robbery is committed after the killing there will be 2 separate crimes
4. When robbery is consummated but homicide is attempted, there are two separate crimes
5. Robbery with intimidation
- The taking of the personal property belonging to another is due to threats or the infliction of harm or injury to the
victim
6. Robbery with Rape
- When the main purpose is to commit robbery and rape is also committed before or after the robbery
- Intent to take the personal property belonging to another with intent to gain must precede the rape
7. There are only two stages of Execution in Robbery and Theft: Attempted and Consummated










295- 296 . ROBBERY IN BAND
Art. 295. Robbery with physical injuries, committed in an uninhabited place and by a band, or with the use of firearm on a street, road or alley.
If the offenses mentioned in subdivisions three, four, and five of the next preceding article shall have been committed in an uninhabited place or
by a band, or by attacking a moving train, street car, motor vehicle or airship, or by entering the passenger's compartments in a train or, in any
manner, taking the passengers thereof by surprise in the respective conveyances, or on a street, road, highway, or alley, and the intimidation is
made with the use of a firearm, the offender shall be punished by the maximum period of the proper penalties.
In the same cases, the penalty next higher in degree shall be imposed upon the leader of the band.

Art. 296. Definition of a band and penalty incurred by the members thereof.
When more than three armed malefactors take part in the commission of a robbery, it shall be deemed to have been committed by a band.
When any of the arms used in the commission of the offense be an unlicensed firearm, the penalty to be imposed upon all the malefactors shall be
the maximum of the corresponding penalty provided by law, without prejudice of the criminal liability for illegal possession of such unlicensed
firearms.
Any member of a band who is present at the commission of a robbery by the band, shall be punished as principal of any of the assaults committed
by the band, unless it be shown that he attempted to prevent the same.

Notes


Boado 2008:
1. Art 295 provides that when the offenses in par 3., 4,
and 5 of Art 294 are committed by a band, the proper
penalties must be imposed in the maximum periods,
2. Art 295 is inapplicable to robbery with homicide rape,
intentional mutilation, and lesions graves resulting in
insanity, imbecility, impotency or blindness
3. It is a generic aggravating circumstance the
indictable offense would still be robbery with
homicide- there is no crime as robbery with homicide
in band

Elements Qualifying circumstance s in Art 295- RVAIP:
1. In an uninhabited place, or
2. By a band, or
3. By attacking a moving train, street car, motor vehicle or airship or
4. By entering passengers compartments in a train, or in any manner taking the passengers thereof by surprise in the respective
conveyances
On a street, road, highway, or alley, and the intimidation is made with the use of firearms

Outline:
1. When at least 4 armed malefactors take part in commission of a robbery, it is deemed to be committed by a band.
2. When ay of the arms used in the commission of the robbery is not licensed, the penalty upon ALL the malefactors shall be the
maximum period of corresponding penalty provided by law, without prejudice to criminal liability for illegal possession of such
licensed firearms.
3. Any member of a band who was present at the commission of a robbery by the band, shall be punished as principal of any
of the assaults committed by the band, unless it eb shown that he attempted to prevent the same.
Penalty


297.
ATTEMPTED AND FRUSTRATED ROBBERY COMMITTED UNDER
CERTAIN CIRCUMSTANCES.
When by reason or on occasion of an attempted or frustrated robbery a
homicide is committed, the person guilty of such offenses shall be punished by
reclusion temporal in its maximum period to reclusion perpetua, unless the
homicide committed shall deserve a higher penalty under the provisions of this
Code.
Notes

Reyes (2008)
1. as long as homicide is committed, penalty is the same whether attempted or frustrated robbery
2. GEN RULE: all who took part as principals in the robbery shall be held guilty of robbery w/ homicide although they didnt
actually take part in the homicide. Same principle applies even if the crime committed is attempted robbery w/ homicide
3. 297 requires ATTEMPTED ROBBERY & KILLING be perpetrated by the same person

Boado 2008:
1. There should be no frustrated robbery despite this article
2. If robbery is attempted (or frustrated?), killing was committed- there will be two separate crimes

Elements 1) theres an attempted or frustrated robbery
2) homicide is committed on the same
occasion
Penalty


298.
EXECUTION OF DEEDS BY MEANS OF VIOLENCE OR
INTIMIDATION.
Any person who, with intent to defraud another, by means of
violence or intimidation, shall compel him to sign, execute or deliver
any public instrument or documents, shall be held guilty of robbery and
punished by the penalties respectively prescribed in this Chapter.
Notes

Reyes (2008)
1. if it resulted to death, robbery with homicide
2. document may be private or public document
3. not applicable if the instrument is void

Boado
1. the law did not specify whether the public instrument involves real or personal property.
2. The public instrument must be a deed of conveyance of a thing of value to which the offender is not entitled because
his intention must be to defraud the victim.
Elements
1. offender has intent to defraud another
2. offender compels him to sign, execute or deliver
any public instrument, or document
3. compulsion is by means of violence or
intimidation
Penalty













Sec 2. Robbery by the Use of Force Upon Things
299.
ROBBERY IN AN INHABITED HOUSE OR PUBLIC BUILDING OR
EDIFICE DEVOTED TO WORSHIP.
Any armed person who shall commit robbery in an inhabited house or
public building or edifice devoted to religious worship, shall be punished by
reclusion temporal, if the value of the property taken shall exceed 250 pesos,
and if:
(a) The malefactors shall enter the house or building in which the
robbery was committed, by any of the following means:

1. Through a opening not intended for entrance or egress.
2. By breaking any wall, roof, or floor or breaking any door
or window.
3. By using false keys, picklocks or similar tools.
4. By using any fictitious name or pretending the exercise
of public authority.
Or if
(b) The robbery be committed under any of the following
circumstances:

1. By the breaking of doors, wardrobes, chests, or any
other kind of locked or sealed furniture or receptacle;
2. By taking such furniture or objects to be broken or
forced open outside the place of the robbery.
When the offenders do not carry arms, and the value of the property taken
exceeds 250 pesos, the penalty next lower in degree shall be imposed.
The same rule shall be applied when the offenders are armed, but the value
of the property taken does not exceed 250 pesos.
When said offenders do not carry arms and the value of the property taken
does not exceed 250 pesos, they shall suffer the penalty prescribed in the two
next preceding paragraphs, in its minimum period.chan robles virtual law
library
If the robbery be committed in one of the dependencies of an inhabited
house, public building, or building dedicated to religious worship, the
penalties next lower in degree than those prescribed in this article shall be
imposed.

Notes

Reyes (2008)
1. BASIS: MEANS OF ENTERING. If he didnt enter, its only theft even if theres force upon things. Whole body must be inside, as
defined by entering.
2. ENTERED W/O USE OF CONSTRUCTIVE FORCE BUT WHILE INSIDE USED ACTUAL FORCE to break doors, walls, etc. Use of picklock,
etc. inside the premises is only aggravating.
3. BROUGHT OUT of the premises LOCKED OR SEALED RECEPTACLES FOR BREAKING them OUTSIDE
4. NOT NECESSARY THAT OFFENDER BREAK WINDOWS to enter
5. Offender is a member of the household and taking was with force upon things = robbery
6. offender must enter the house or building in which the robbery is committed
7. there must be evidence or the facts show that the accused entered the dwelling house or building by any means enumerated
8. in entering, must have intention to take personal property
9. if building is private, robbery only
10. if govt building, liable under this article
11. opening the money drawer by using the stolen key is not robbery

Sandoval 2010
1. no violence or intimidation against person is used
2. Robbery in an inhabited place or public building or edifice devoted to Religious worship
- Penalty depends on whether the robbers are armed or not, and the value of the property
- Inhabited house means any shelter, ship, or vessel constituting the dwelling of one or more persons even though the
inhabitants be temporarily absent when the robbery was committed.
- Art 301 defines dependencies as all interior courts, corrals, warehouses, granaries or enclosed places contiguous to the
building or edifice, having an interior entrance connected therewith and w/c form part of a whole
US v Ventura: A small store located on the ground floor of a house, there being no partition b/n the store and the
house, and in going to the main stairway, one has to enter the store which has a door.


Nolledo 2010:
1. False key may refer to a genuine key stolen from the owner.
US v Macomay: is key is taken forcibly from the owner, the crime is ROBBERY w/ INTIMIDATION
2. The opening of wardrobes or drawers by false key is not robbery but theft but if wardrobe or chests are broken, there is robbery
3. Art 299 and 302 clearly contemplate that the malefactor should enter the building
P v Disney: Alfredo Fernandez is liable under Article 299 (a) (1) and (2) of the Revised Penal Code for Robbery
committed by an armed person in an inhabited house, having entered the house through the dining room window,
which was broken open, an opening not intended for entrance or egress, and the value of the property taken having
exceeded P250.00.
We overrule the defense contention that since the evidence shows that the weapon carried by the offender was used
to intimidate the occupants in the house, this circumstance is sufficient to remove the offense from the aforecited
Article 299 (Robbery in an inhabited house by the use of force upon things) and to place it within the purview of Article
294 (5) (Robbery committed by means of violence against or intimidation of persons), which has a lower penalty.
It is true that violence and intimidation against persons were present in the commission of the robbery. Sy Kim testified
that a man holding a gun pointed it at her and ordered her to hand over her wristwatch, earrings, and ring, while he
took off her bracelet and pocketed all said items, while still another person beat her husband. However, as this Court
had ruled in Napolis vs. Court of Appeals, which is almost on all fours with the case at bar, Article 294 applies only
Elements punished acts & respective elements:
1) robbery with force upon things under 299(a)
a. offender entered inhabited house, public building
or edifice devoted to religious worship (IPE)
b. entrance was effected by any of the ff. means:
1. through an opening not intended for
entrance or egress
2. by breaking any wall, roof, floor, door, or
window
3. by using false keys, picklocks, or similar
tools
4. by using fictitious name or pretending the
exercise of public authority
c. once inside the building, offender took personal
prop belonging to another with intent to gain
2) robbery with force upon things under 299(b)
a. offender is inside a dwelling house, public building,
or edifice devoted to religious worship, regardless
of circumstances under which he entered it
b. offender takes personal prop belonging to another,
w/ intent to gain, under any of the ff.
circumstances:
1. by the breaking of doors, wardrobes,
chests, or any other kind of locked or
sealed furniture or receptacle
2. by taking such furniture or objectsaway to
be broken or forced open outsidethe
place of the robbery
where robbery with violence against or intimidation of persons takes place without entering an inhabited house, under
the conditions set forth in Article 299 of the Revised Penal Code. When the elements of both provisions are present, the
crime is a complex one, calling for the imposition as provided in Article 48 of the Revised Penal Code, of the penalty for
the most serious offense, in its maximum period, which is reclusion temporal in its maximum period. This penalty should,
in turn, be imposed in its maximum period, from nineteen (19) years, one (1) month and eleven (11) days to twenty (20)
years of reclusiontemporary owing to the presence of the aggravating circumstance of nighttime.

Boado 2008:
1. To characterize the taking as robbery, it must be under any of the following situations
a. The offender entered the premises where personal property were taken and in entering the same, they used constructive
force e.g. thru an opening not intended for ingress or egress, picklocks and similar tools, and simulated public authority
(Basis: the means of entering, if he did not enter, it is theft only even if there are such destructions. The whole body must
be inside)
b. He entered w/o force but while inside he broke walls, doors and receptacle to extract personal property (inside, actual
force is required, not merely constructive force- there must be actual breaking of doors, walls, etcif picklocks and similar
tools were used in this situation-theft only)
c. He brought out of the premises locked or sealed receptacles for the purpose of breaking them outside. Mere bringing out
of the furniture consummates robbery as force will necessarily be employed to open it.
2. Outside above circumstance, theft only
3. Above circumstance is applicable only when the robbed lace is IPE under Art 299
4. Buildings other than IPE, Art 302 governs
5. In Art 302, circumstances are the same except that there is no simulation of authority or use of fictitious name
6. Is entry thru the window, it is not necessary that the offender broke the windows. Constructive forces only is required in this
case.
7. Entering through an opening not for ingress or egress will be robbery if he take anything.
8. Robbery is still committed although the door is not damaged , but the lock or accessory of the door was broken lock is a
main part of the door
9. The use of fictitious name or simulation of authority must be done when the offender had not yet entered and such use was
the necessary means that made the occupant let him inside.
10. When the offender is a family member who broke a receptacle inside to take property of his housemate, the crime is robbery
by force upon things
- If the taker is a DOMESTIC servant, the crime is qualified theft under Art 310, unless the taking is characterized by
violence under Art 299(b) in w/c case, it shall be robbery w/ force upon things

Estrada (2008)
1. A key becomes false if it is used by the one who is not authorized to sue the same. It can be an imitation or genuine
2. The false key or picklock must be used to open the main door
3. In art 299(b) the offender does not employ force in gaining entry but it is used to break open a door inside the house
wardrobes, chests, or any locked or closed furniture or receptacle.

Aquino(2009)
2. Entrance into the building is necessary in robbery w/ force upon things
3. In the absence of evidence in the manner of entrance where the accused took away the personal property of
another, the crime cannot be regarded as robberyat most would be theft
4. If door was not broken, crime would be theft
- If the defendant entered by forcing open the door and it was not broken, would be guilty of robbery but of theft
5. Use of false keys
Fernandez Case: the defendant entered the house w/o violence or force and tehn opened the drawer
containing the money by making use of the owners key, which the defendant has stolen after he had
entered the house= there is NO ROBBERY, only THEFT.
6. The door in Art 299 (b) refers to interior doors, Into outside doors

Penalty

Art. 300.
Robbery in an uninhabited place and by a band.
The robbery mentioned in the next preceding article, if committed in an uninhabited place and
by a band, shall be punished by the maximum period of the penalty provided therefor.

Art. 301.
What is an inhabited house, public building or building dedicated to religious worship and their
dependencies.
Inhabited house means any shelter, ship or vessel constituting the dwelling of one or more
persons, even though the inhabitants thereof shall temporarily be absent therefrom when the
robbery is committed.
All interior courts, corrals, waterhouses, granaries, barns, coach-houses, stables or other
departments or inclosed places contiguous to the building or edifice, having an interior entrance
connected therewith, and which form part of the whole, shall be deemed dependencies of an
inhabited house, public building or building dedicated to religious worship.
Orchards and other lands used for cultivation or production are not included in the terms of
the next preceding paragraph, even if closed, contiguous to the building and having direct
connection therewith.
The term "public building" includes every building owned by the Government or
belonging to a private person not included used or rented by the Government, although
temporarily unoccupied by the same.

Notes
- Robbery mentioned in next preceding article, if committed in an uninhabited place and by a
band, shall be punished by the maximum period of the penalty provided therefore
- The use of the conjunctive word and shows that the circumstances of uninhabited place
and by a band should concur.
- INHABITED HOUSE: any shelter, ship or vesselconstituting the dwelling of one or more persons,
eventhough the inhabitants thereof shall temporarily be absenttherefrom when the robbery is
committed
- PUBLIC BUILDING: every building owned by the Govt orbelonging to private persons but
used or rented by theGovt, although temporarily occupied by the same
- DEPENDENCIES OF AN INHABITED HOUSE, PUBLICBUILDING OR BUILDING DEDICATED TO
RELIGIOUSWORSHIP: all interior courts, corrals, warehouses,granaries or enclosed places
CONTIGUOUS to the buildingor edifice, having an INTERIOR ENTRANCE
CONNECTEDTHEREWITH and which form PART OF THE WHOLE
- Orchard & other lands used for cultivation or productionarent included in the term
dependencies





















302.
ROBBERY IS AN UNINHABITED PLACE OR IN A PRIVATEBUILDING.
Any robbery committed in an uninhabited place or in a building other than those mentioned in
the first paragraph of Article 299, if the value of the property taken exceeds 250 pesos, shall be
punished by prision correccional if any of the following circumstances is present:
1. If the entrance has been effected through any opening not intended for entrance or
egress.
2. If any wall, roof, flour or outside door or window has been broken.
3. If the entrance has been effected through the use of false keys, picklocks or other
similar tools.
4. If any dorm, wardrobe, chest or by sealed or closed furniture or receptacle has been
broken.
5. If any closed or sealed receptacle, as mentioned in the preceding paragraph, has
been removed even if the same to broken open elsewhere.
When the value of the property takes does not exceed 250 pesos, the penalty next lower in
degree shall be imposed.
In the cases specified in Articles 294, 295, 297, 299, 300, and 302 of this Code, when the property
taken is mail matter or large cattle, the offender shall suffer the penalties next higher in degree
than those provided in said articles.

Notes

Reyes (2008)
1. building includes warehouse and freight car
2. breaking padlock is use of force upon things

Sandoval 2010
1. Robbery in an Uninhabited Place or in Private Building
- The phrase Uninhabited Place would mean or should mean Uninhabited House or
Building
P v Tubog: A store may or may not be uninhabited depending on the
circumstances of whether or not it is usually occupied by any person lodging
therein at night. Although it may be used as a dwelling to sustain conviction
under 299, the information must alleged that the same was used or occupied
as a dwelling.

Nolledo 2010:
1. A pig sty is not a building w/n the meaning of Art 302
2. The stealing of hogs from a pig sty is theft and not robbery, although the culprit breaks into it


Aquino (2009)
1. Building in art 302 embraces any structure not mention in Art 299.
2. A freight car is not a building
3. A sunken ship due to bagyo ..the cargo was not abandon= defendants are guilty of
robbery
4. Property cannot be considered abandoned and the possession left vacant for the finder
until the spes recuperandi is gone and the animus revertendi is finally given up
5. Frustrated robbery:
Del Rosario case: if the culprit had already broken the floor, entered the
bodega, where various articles were stored, and had in fact removed one
sack of sugar from the pile and made an opening on the floor thru w/c the
said sack was to be taken out, but they were caught in the act, crime is
frustrated robbery- all the acts has been performed, but was not
consummated due to the wathchmans interference, an act independent of
the perpetrators will.
Elements
elements:
1) offender entered uninhabited place or building w/c wasnt a
dwelling house, not a public building, or not an edifice
devoted to religious worship
2) any of the ff. circumstances was present
1) entrance was effected through an opening not
intended for entrance or egress
2) wall, roof, floor, or outside door or window was broken
3) entrance was effected through use of false keys,
picklocks, or other similar tools
4) door, wardrobe, chest, or any sealed or closed furniture
or receptacle was broken
5) closed or sealed receptacle was removed, even if the
same be broken open elsewhere
3) offender took therefrom personal prop
belonging to another with intent to gain
Penalty




303, 304, 305





Art. 303.
Robbery of cereals, fruits, or firewood in an uninhabited place or private building.
In the cases enumerated in Articles 299 and 302, when the robbery consists in the taking
of cereals, fruits, or firewood, the culprit shall suffer the penalty next lower in degree than
that prescribed in said articles.

Art. 304.
Possession of picklocks or similar tools.
Any person who shall without lawful cause have in his possession picklocks or similar
tools especially adopted to the commission of the crime of robbery, shall be punished by
arresto mayor in its maximum period to prision correccional in its minimum period.
The same penalty shall be imposed upon any person who shall make such tools. If
the offender be a locksmith, he shall suffer the penalty of prision correccional in its
medium and maximum periods.

Art. 305.
False keys.
The term "false keys" shall be deemed to include:
1. The tools mentioned in the next preceding articles.
2. Genuine keys stolen from the owner.
3. Any keys other than those intended by the owner for use in the lock forcibly
opened by the offender.

Notes

1) In cases in 299 and 302 (robbery in an inhabited place or public building or edifice devoted to worship
AND robbery in an uninhabited place or in a private building), when robbery consists in the taking of
cereals, fruits, or firewood, the culprit shall suffer the penalty next lower in degree than that prescribed in
said articles.
2) Cereals are seedlings which are the immediate product of the soil
3) Palay must be kept by the owner as seedling or taken for that purpose by the robbers
4) POSSESSION of picklocks IS A CRIME BY ITSELF.
5) When used in robbery, possession is absorbed because its an element of robbery
6) actual use of picklocks, not necessary
7) if person who makes such tools is a locksmith, penalty is higher
8) same penalty if not locksmith, to that of apossessor
9) FALSE KEYS INCLUDES:
a. tools in art 304
b. Genuine keys stolen from the owner
c. Any key other than those intended by the owner for use in the lock forcibly opened by the
offender
10) RA 6539 ANTI-CARNAPPING
- CARNAPPING: taking, w/ intent to gain, of a motor vehicle belonging to another without the latters
consent, or by means of violence against or intimidation of persons, or by using force upon things
- MALUM PROHIBITUM
- MOTOR VEHICLE covers any vehicle which is motorized (means other than muscular power) using the
streets which are public, not exclusively for private use
- HIGHWAYS are always public, free for the use of everyperson.
Elements (304)
1) Offender HAS in his possession PICKLOCKS OR SIMILAR TOOLS
2) SUCH picklock or similar TOOLS ARE SPECIALLY ADOPTED TO THE
COMMISSION OF ROBBERY
3) Offender DOESNT HAVE LAWFUL CAUSE FOR SUCHPOSSESSION

306-307.
BRIGANDAGE
When more than three armed persons form a band of robbers
for the purpose of committing robbery in the highway, or
kidnapping persons for the purpose of extortion or to obtain
ransom or for any other purpose to be attained by means of
force and violence, they shall be deemed highway robbers or
brigands.
Persons found guilty of this offense shall be punished by prision
mayor in its medium period to reclusion temporal in its
minimum period if the act or acts committed by them are not
punishable by higher penalties, in which case, they shall suffer
such high penalties.
If any of the arms carried by any of said persons be an
unlicensed firearms, it shall be presumed that said persons are
highway robbers or brigands, and in case of convictions the
penalty shall be imposed in the maximum period.

Art. 307. Aiding and abetting a band of brigands. Any
person knowingly and in any manner aiding, abetting or
protecting a band of brigands as described in the next
preceding article, or giving them information of the
movements of the police or other peace officers of the
Government (or of the forces of the United States Army), when
the latter are acting in aid of the Government, or acquiring or
receiving the property taken by such brigands shall be
punished by prision correccional in its medium period to
prision mayor in its minimum period.
It shall be presumed that the person performing any of the
acts provided in this article has performed them knowingly,
unless the contrary is proven.
Notes

Reyes (2008)
1. all are presumed highway robbers or brigands if any of them carries unlicensed firearm
2. arms carried may be any deadly weapon
3. main object of law is to prevent formation of band of robbers
4. Things to prove:
a. that there is an organization of more than three armed persons forming a band of robbers
b. purpose of the band is any of those enumerated
c. they went upon the highway or roamed upon the country for that purpose
d. the accused is a member of such band
5. previous activities are considered in determining existence of brigandage
6. term highway includes streets
7. brigands are habitually robbers in the highway; robbers forming a band only was formed for a particular robbery

Sandoval 2010
1. arms carried need not be firearms any deadly weapon is sufficient.
2. In case firearms are carried or possessed by the offenders and any of them is unlicensed, it shall be presumed that said persons are
highway robbers or brigands
3. P.D. 523 is a modification of Articles 307 and 307
- Highway Robbery/Brigandage is the seizure of any person for ransom, extortion or other unlawful purposes or the taking away of
property of another by means of violence against or intimidation of persons or force upon things or other unlawful means committed
by any person on any Phil Highway
- Brigandage is sometimes confounded w/ the robo en quadrille in Art 295
- The indication is that the number of offenders as well as the frequency w/ w/c they perpetrate robbery may determine whether a
crime is single robbery or Highway robbery
P v Puno: P.D. 532 punishes as brigandage only acts of robbery perpetrated by outlaws indiscriminately against any person
or persons on Phil Highways as defined
P v Sandoval: if there is a particular victim specified by the robbers who are more than three and armed, the crime is
robbery in band- unless there is clear proof that this band has been engaging in committing robberies in Philippine Highways
- One or two persons can be held liable under this law if they perpetrated their acts of depredation in Phil Highways against persons
who are not pre-determined victims

Estrada (2008)
1. A single person can commit brigandage under P.D. 532
2. Mere fact that robbery was committed on a Phil Highway does not give rise to Highway Robbery or Brigandage


Boado 2008:
1. Distinguish Brigandage under the Code 9art 306) from Brigandane under P.D. No 532
Robbery in Highway (Art 306) Highway Robbery (P.D No 532)
1. Mere information of band punishable
2. There must me more than 3 (four or more
malefactors
3. There is preconceived victim

4. The robbery was committed for the first time is
immaterial
2. Prohibited act must be committed

3. Only one suffices

4. No preconceived victim. Anyone could be the
victim
5. Must not be an isolated case of robbery
Elements 1) at least 4 armed persons
2) formed a band of robbers
3) purpose is any of the ff.
1. commit robbery in the highway
2. kidnap persons for the purpose of
extortion or to obtain ransom
3. attain by means of force and violence
any other purpose
Penalty PM in med to RT in min
5. Those who profit from the loot are liable under
Art 307 of aiding and abetting a band of
brigands or for fencing
6. Those who abet brigandage are accomplice
under Sec 4 of the law

308.
THEFT.
Theft is committed by any person who, with intent to gain but without
violence against or intimidation of persons nor force upon things, shall take
personal property of another without the latter's consent.
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to deliver the same to
the local authorities or to its owner;
2. Any person who, after having maliciously damaged the property of another,
shall remove or make use of the fruits or object of the damage caused by him;
and
3. Any person who shall enter an enclosed estate or a field where trespass is
forbidden or which belongs to another and without the consent of its owner,
shall hunt or fish upon the same or shall gather cereals, or other forest or farm
products.

Notes

Reyes (2008)
1. if fish is taken from fishpond or fishery = qualified theft
2. high grading is theft of gold
3. tampering electricity meters
4. theft is not a continuing offense
5. taking away or carrying away of personal property is not required as in larceny
6. taking is considered complete when the offender is able to place the thing taken
7. under the victims control and in such a situation as he could dispose of it at once
8. offender must have the intention to be the owner of the thing taken
9. if the accused received the thing from another person in trust or on commission, or for administration, or under a quasi-
contract or contract of bailment, and later misappropriated the thing to the prejudice of another, crime is ESTAFA
10. jumpers of electric meters and those who knowingly misread those meters are guilty of theft
11. intent to gain is presumed from the unlawful taking of personal property belonging to another
12. intent to gain includes joyride, revenge, actual or real gain
13. consent refers to that freely given and not inferred merely from lack of opposition
14. consent of owner cannot be dispensed of
15. *** In Robbery, thing is taken against the will of the owner. In theft, consent of owner is lacking
16. when a person has possession of a part of recently stolen property, he is presumed to be the thief of all the stolen
property
17. lost property embraces loss by stealing
18. considered are: time of seizure of the thing, lost property belonging to another, and that he had the opportunity to
return the thing but retained the thing instead
19. delay in returning to authorities is immaterial if finder surrendered it voluntarily to the owner
20. finders in law also liable; policemen who did not return things to owner which were
21. surrendered by the finders
22. intent to gain is presumed from deliberate failure to deliver lost property to the proper person
23. theft if share in treasure found not given

Sandoval 2010
1. Like in robbery, there must be intent to gain which is necessary which is presumed in the malicious taking of property of
another, and the property taken is the personal property of another.
2. The taking is w/o the consent of the owner
3. It is not required that the thief be able to carry away the thing taken from the owner
P v Jaranilla; P v Naval: the consummation of the crime takes place upon the voluntary and malicious
taking of the property which is realized upon the material occupation of the taking, that is, when he had
full possession thereof even if he did not have the opportunity to dispose of the same
P v Alhambra: proof of the accused is in possession of recently stolen property gives rise to a valid
presumption that he stole the property
4. Personal property does not only mean corporeal things but also includes corporeal property like electricity which can be
stolen by using a jumper
5. The test of what is proper subject of larceny seems not to be whether the subject is corporeal but whether it is capable of
appropriation by another
6. Checks and other papers are subject to larceny
7. Lost property includes stolen property
P v Rodrigo: The word "lost" is generic in nature, and embraces loss by stealing or by any act of a person other
than the owner, as well as by the act of the owner himself or through some casual occurrence. If anything, the
Elements Persons liable:
1) those w/ intent to gain, but w/o violence against or
intimidation of persons nor force upon things, take personal
prop of another w/o latters consent
2) those who having found lost prop, fails to deliver the same to
local authorities or to its owner
3) those who, after having maliciously damaged the property of
another, remove or make use of fruits or objects of damage
caused by them
4) those who enter an enclosed estate or a field where trespass
is forbidden or w/c belongs to another and, w/o its owners
consent, hunt or fish upon the same or gather fruits, cereals,
or other forest or farm products

Elements of theft:
1. there be taking of personal property
2. said property belongs to another
3. taking be done with intent to gain
4. taking be done without consent of owner
5. taking be accomplished without use of violence,
intimidation, or force of persons or force upon things


Hunting, fishing, or gathering fruits in enclosed estate,
elements:
1. there is an enclosed estate or field where trespass is
forbidden or which belongs to another
2. offender enters the same
3. offender hunts or fishes upon the same or gathers fruits
4. without consent of owner

Penalty
finder who fails deliberately to return the thing lost may be considered more blameworthy if the loss was by stealing
than through some other means.
P v Avila: appropriation by the finder of anything that has been lost, with intention of gain and knowledge of the
ownership, constitutes theft.

Nolledo 2010:
1. Theft is consummated as soon as the culprit has taken away the property, now subject to his control
2. AS long as the offender has possession of the thing stolen, he is guilty of consummated theft.
3. The principal distinction between theft and estafa is that
a. in theft the thing is taken, while in estafa, the accused receives the property and converts it to his own use or
benefit
b. There may be theft even if accused has possession of the property- if he was entrusted only with the material or
physical (natural) or de facto possession of the thing and he misappropriates the same.
c. IF he has juridical possession of the thing, his conversion of the same is embezzlement or estafa.

Boado 2008:
1. Actual gain is irrelevant as the important consideration is the intent to gain
2. Gain is not merely limited to pecuniary benefit but also includes the benefit which in any other sense may be derived
or expected from the act which is performed.
3. Intent to gain or animus lucrandi is an internal act, presumed from the unlawful taking of the thing
4. Intent to gain is evident since he derives therefrom utility, pleasure, satisfaction, and enjoyment.
5. Theft or robbery cannot be committed by a co-owner over the property co-owned

Estrada (2008)
1. Taking is complete the moment the offender takes possession of the property even if it were more or less momentarily
2. Offender does not have to derive gain or benefit from the property. IT is NOT an element of theft or even robbery
3. Finders of Lost Property
a. Finder in Fact: a person who finds a lost item. He has an obligation to deliver the property to the owner if
known, otherwise to the proper authorities. If he does notliable for theft
b. Finder in Law: an officer of the law to whom a lost item is surrendered or turned over

Aquino (2009)
1. Animus Furandi: intent to steal, the intent is lacking if he takes personally which he claims to be his own (in good faith)
2. Animo Lucrandi: intent to gainthis can be presumed, includes utility, satisfaction, enjoyment and pleasure
3. Each taking in theft on a single occasion constitutes a separate offense, but the taking of several objects on a single
occasion may constitute only one crime of theft.






310.
QUALIFIED THEFT.
The crime of theft shall be punished
by the penalties next higher by two
degrees than those respectively
specified in the next preceding article, if
committed by a domestic servant, or
with grave abuse of confidence, or if
the property stolen is motor vehicle, mail
matter or large cattle or consists of
coconuts taken from the premises of the
plantation or fish taken from a fishpond
or fishery, or if property is taken on the
occasion of fire, earthquake, typhoon,
volcanic erruption, or any other
calamity, vehicular accident or civil
disturbance. (As amended by R.A. 120
and B.P. Blg. 71. May 1, 1980).

Notes

Reyes (2008)
1. What makes it qualified theft: circumstances
- Personal to offender
- Pertaining to object taken
- At the time of taking
2. penalty is two degrees higher
3. theft if domestic servant is always qualified
4. abuse of confidence must be grave
5. theft by housemate/labourer is not always qualified
6. theft by truck driver or by shepherd or by one whohas
access to the place where stolen property iskept is
qualified theft
7. theft of any material, spare part, product or articleby
employees and labourers is heavily punished
8. use of safe combination learned by confidentialclerk is
grave abuse of confidence
9. taking money in his possession by receiving tellerof bank is
qualified theft
10. industrial partner not liable of qualified theft
11. novation only applies to contracts
12. theft of motor vehicle; punished by RA 6539,carnapping
13. mail matter stolen, qualified theft
14. theft of large cattle: horses, sheep, goats, swine,asses,
mules
15. ANTI CATTLE RUSTLING LAW, PD 533
taking away by any means without the consent
ofowner/raiser of any of the large cattle whether or
notfor profit or gain, committed with or
withoutintimidation of any person or force upon
things,including killing of large cattle, or taking its
meat orhide without consent
large cattle: cow, carabao, horse, mule, ass, orother
domesticated member of the bovine family
16. coconuts stolen must be taken from thepremises of a
plantation
17. taken from fishpond or fishery
18. timber smuggling and illegal cutting of logs inpublic and
forest reserves, qualified theftunder PD 330
19. RA 6235 ANTI HIJACKING LAW
20. ANTI FENCING LAW
Fencing- act of persons who, with intent to gain for himselfor for
another, shall buy, receive, possess, keep, acquire,conceal,
sell or dispose of, or shall buy and sell, or in anyother manner
deal in any article, item, object, or anythingof value which he
knows, or should be known to him, tohave been derived from
the proceeds of Robbery or theft
mere possession of any good, article, item, object,
oranything of value which has been the subject of
robberyor thievery shall be prima facie evidence of
fencing
Sandoval (2010)
1. If the offense is to be qualified by abuse of confidence, the abuse must be grave.
Cortez v CA: where the accused, employers of the offended party having
free access to the different parts of the said establishment, steal and carry
away several liters of gasoline which they received from complainants
supplier= liable for QUALIFIED THEFT
P v Jacalan: theft is qualified by the relation of trust b/n the accused and
the PNB creating a high degree of confidence w/c the former gravely
abused. He willfully took advantage of his position, his knowledge of the
safe combinations and his physical possession of the money to carry out
and consummate the theft
2. Theft becomes qualified when the subject is motor vehicle. (R.A. 6593: Anti-
Carnapping Act of 1972)
Motor vehicles any vehicle which uses the streets w/ or w/o the required
license
P v Chao: motor vehicles includes all vehicles propelled by power
other than muscular power including a motorcycle. The phrase used
in Art 310 is so general and generic that it can embrace any and all
kinds of vehicles w/c operate by the use of motor.
Carnapping is the taking w/ intent to gain, of a motor vehicle belonging to
another w/o the latters consent, or by means of violence against or
intimidation of persons, or using force upon things.
Izon v P: If what was illegally taken was a motor vehicle it
is not qualified theft anymoreCulprit shall be prosecuted
under R.A. 6539
o The following can be punished as CARNAPPING
if committed w/o owners or possessors consent (would be
qualified theft)
if w/ violence against or intimidation of persons or w/ force
upon things (robbery)
3. P.D. 533 Anti-Cattle Rustling Law of 1974
Cattle rustling is the taking away by any means, methods, or scheme w/o the
consent of the owner/raiser of (cow, horse, carabao, mule, ass or members of
bovine family) whether for profit or gain or not, w/ or w/o violence against or
intimidation of person or force upon things.
It includes the killing of the large cattle or taking the meat or hide thereof.

Estrada 2008:
1. Finders of Lost Property
a. Finder in Fact
- A person who finds the lost item.
- He has an obligation to deliver the property to the owner if known, otherwise,
surrender the property to the authorities. IF he does not, he is liable for theft
b. Finder in Law
- An officer of the law to whom a lost item is surrendered or turned over
2. P.D. 1612: Anti-Fencing Law
Fencing is committed by any person who buys and sells or otherwise deals in
any article, object or any item of value which he knows to be the proceeds
of robbery of theft. A juridical or natural person is liable
Intent to gain is not an element
It is a continuing offense
Elements Theft is qualified if:
1) committed by a
domestic servant
2) committed w/ grave
abuse of confidence
3) prop stolen is a motor
vehicle, mail matter,
or large cattle
4) prop stolen consists of
coconuts taken from
the premises of a
plantation
5) prop stolen is fish
taken from a fishpond
or fishery
6) prop taken on
occasion of fire,
earthquake, typhoon,
volcanic eruption, or
any other calamity,
vehicular accident,
or civil disturbance
312-313 USURPATION
Art. 312. Occupation of real property or usurpation of real rights in property. Any person
who, by means of violence against or intimidation of persons, shall take possession of any real
property or shall usurp any real rights in property belonging to another, in addition to the
penalty incurred for the acts of violence executed by him, shall be punished by a fine from 50
to 100 per centum of the gain which he shall have obtained, but not less than 75 pesos.
If the value of the gain cannot be ascertained, a fine of from 200 to 500 pesos shall be
imposed.
Art. 313. Altering boundaries or landmarks. Any person who shall alter the boundary marks
or monuments of towns, provinces, or estates, or any other marks intended to designate the
boundaries of the same, shall be punished by arresto menor or a fine not exceeding 100
pesos, or both.
Notes

Reyes (2008)
312
1. Real property or real rights must belong to another
2. Only civil liability if no violence or intimidation in taking possession of real property
3. Not applicable to open defiance of the writ of execution = > contempt of court
4. Criminal action for usurpation of real property, not a bar to civil action of real propert
5. Always with intent to gain like robbery or theft, except that in usurpation, real property is involved, includes
occupation of such property
6. RA 947 punishes entering or occupying public agricultural land including public lands granted to individuals
7. PD 772 punishes squatting in urban areas but not applicable to pasture lands

313:
8. Intent to gain not necessary
9. Intent to usurp realty, established y the moral element
10. Destruction of stone monument, taking it to another place, removing e fence is altering

Sandoval 2010
1. there must be intent to gain
2. In the absence of coercion, the act may constitute Coercion

Boado 2008:
1. Intimidation and violence is a way of accomplishing the crime and should not be considered as a
separate crime
2. Art 312 involves real property or real rights in property
3. Art 312 would have been denominated as robbery if the object taken were personal property.
4. Possible Crimes accompanying the act of usurpation if by reason or on occasion of such occupation or
usurpation,
a. The crime of homicide or any of the physical injuries penalized is either subdivisions 1 or 2 of Art 263 is
committed
b. When the same shall have been accompanied by rape or intentional mutilation; or
c. When, in the course of its execution , the offender shall have inflicted upon any person not responsible
for its commission any of the physical injuries covered by subdivisions 3 and 4 of Art 363, or
d. When it is committed thru intimidation or through infliction of physical injuries not covered by
subdivisions 1 to 4 of art 263 of the Code
..he may be convicted for the violation of Art 312
5. The real victim is not necessarily the owner but the person against whom the intimidation/ violence was
employed.
Elements 312. Occupation of real property or usurpation of real rights in property

Acts Punishable:
1. By taking possession of any real propertybelonging to another by means
of violenceagainst or intimidation of persons
Elements:
a. That the offender takes possession of any real property or usurps
any real rights in property
b. That the real property or real rights belong to another
c. Violence against or intimidation or persons is used by the offender in
occupying real property or usurping real rights in property
d. There is intent to gain

2. By usurping any real rights in property belongingto another by means of
violence against orintimidation of persons


313. ALTERING BOUNDARIES OR LANDMARKS
Elements:
1. That there be a boundary mark or monument oftowns, province, estate,
or any other marks intendedto designate the boundaries of the same
2. Offender alters said boundary marks
Penalty


314.
FRAUDULENT INSOLVENCY.
Any person who shall abscond with his property to the prejudice of his creditors, shall suffer
the penalty of prision mayor, if he be a merchant and the penalty of prision correccional in its
maximum period to prision mayor in its medium period, if he be not a merchant.

Notes
Actual prejudice, not intention alone, is required
Being a merchant not an element
Real property may be involved
Person prejudiced must be the creditor of the offender
INSOLVENCY LAW requires that the criminal actshould have been committed after the institution
ofinsolvency proceedings
Elements 1. Offender is a debtor, with obligations due and payable
2. Absconds with his property
3. There be prejudice to his creditors
Penalty

315.
SWINDLING (ESTAFA).
Any person who shall defraud another by any of the means mentioned hereinbelow shall be
punished by:
1st. The penalty of prision correccional in its maximum period to prision mayor in its minimum
period, if the amount of the fraud is over 12,000 pesos but does not exceed 22,000 pesos, and if
such amount exceeds the latter sum, the penalty provided in this paragraph shall be imposed in
its maximum period, adding one year for each additional 10,000 pesos; but the total penalty
which may be imposed shall not exceed twenty years. In such cases, and in connection with the
accessory penalties which may be imposed under the provisions of this Code, the penalty shall
be termed prision mayor or reclusion temporal, as the case may be.
2nd. The penalty of prision correccional in its minimum and medium periods, if the amount of the
fraud is over 6,000 pesos but does not exceed 12,000 pesos;
3rd. The penalty of arresto mayor in its maximum period to prision correccional in its minimum
period if such amount is over 200 pesos but does not exceed 6,000 pesos; and
4th. By arresto mayor in its maximum period, if such amount does not exceed 200 pesos,
provided that in the four cases mentioned, the fraud be committed by any of the following
means:
1. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality or anything of value which the offender shall
deliver by virtue of an obligation to do so, even though such obligation be based on an immoral
or illegal consideration.
(b) By misappropriating or converting, to the prejudice of another, money, goods, or any other
personal property received by the offender in trust or on commission, or for administration, or
under any other obligation involving the duty to make delivery of or to return the same, even
though such obligation be totally or partially guaranteed by a bond; or by denying having
received such money, goods, or other property.chan robles virtual law library
(c) By taking undue advantage of the signature of the offended party in blank, and by writing
any document above such signature in blank, to the prejudice of the offended party or of any
third person.
2. By means of any of the following false pretenses or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:

(a) By using fictitious name, or falsely pretending to possess power, influence, qualifications,
property, credit, agency, business or imaginary transactions, or by means of other similar deceits.
(b) By altering the quality, fineness or weight of anything pertaining to his art or business.
(c) By pretending to have bribed any Government employee, without prejudice to the action
for calumny which the offended party may deem proper to bring against the offender. In this
case, the offender shall be punished by the maximum period of the penalty.
(d) [By post-dating a check, or issuing a check in payment of an obligation when the offender
therein were not sufficient to cover the amount of the check. The failure of the drawer of the
check to deposit the amount necessary to cover his check within three (3) days from receipt of
notice from the bank and/or the payee or holder that said check has been dishonored for lack
of insufficiency of funds shall be prima facie evidence of deceit constituting false pretense or
fraudulent act. (As amended by R.A. 4885, approved June 17, 1967.)]
(e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant, boarding
house, lodging house, or apartment house and the like without paying therefor, with intent to
defraud the proprietor or manager thereof, or by obtaining credit at hotel, inn, restaurant,
boarding house, lodging house, or apartment house by the use of any false pretense, or by
Notes

Reyes (2008)
1. PD 115 TRUST RECEIPTS LAW
2. TRUST RECEIPT TRANSACTION: any transaction byand between entruster and entrustee,
whereby theentruster who owns or holds absolute title or securityinterest over certain
specified goods, releases same topossession of entrustee upon latters execution
anddelivery to entruster of a trust receipt
3. Goods owned by the bank and only released to theimporter in trust subsequent to the grant
of the loan. Bankacquires security interest in the goods as holder ofsecurity title for
advances it made to entrustee. Ownershipcontinues to be vested in person who advanced
paymentuntil he has been paid in full
4. Trust receipt law PUNISHES DISHONESTY AND ABUSEOF CONFIDENCE IN THE HANDLING OF
MONEY ORGOODS TO THE PREJUDICE OF ANOTHER regardlessof whether the latter is the
owner.
5. MALUM PROHIBITUM
6. Possible situations in a trust receipt transaction:
i. Money received under the obligation involving duty todeliver it to the owner of
the merchandise sold
ii. Merchandise received under obligation to return it to theowner
7. Its in the context of upholding public interest that the lawnow designates breach of trust
receipt agreement to be anact that shall make one liable for estafa
8. As far as trust receipts are concerned, failure to returnthe thing creates the presumption
that there was intent todefraud

B.P. 22
9. Made MERE ACT OF ISSUING A BUM CHECK MALUM PROHIBITUM
10. GRAVAMEN of offense: ISSUANCE OF WORTHLESS CHECK
11. PRESUMPTION that issuer knew at the time of issue that he didnt have sufficient funds for
payment of the check in full upon its presentment under the ff conditions:
i. Presentment w/in 90 days from date of check
ii. Dishonor of the check and failure of the maker to make arrangements for
payment in full w/in 5 banking days after notice thereof
12. ABSENCE OF NOTICE OF DISHONOR necessarily deprives an accused the opportunity to
preclude a criminal prosecution
13. 2 ways of violating BP 22
i. Making or drawing and issuing a check to apply onaccount or for value knowing
at the time of issue that thecheck isnt sufficiently funded
ii. Having sufficient funds in or credit with drawee bank butfailing to keep sufficient
funds or to maintain credit to coverfull amount of the check when presented to
drawee bankw/in 90 days
14. 180 DAYS (6 MOS) PAYEES FAILURE TO DEPOSITOR ENCASH CHECK within this period
WILL MAKECHECK STALE OR VALUELESS, hence NO CRIMINALACTION CAN ARISE
THEREFROM
15. Violation of BP 22 in the nature of a CONTINUINGCRIME VENUE IS DETERMINED BY THE
abandoning or surreptitiously removing any part of his baggage from a hotel, inn, restaurant,
boarding house, lodging house or apartment house after obtaining credit, food, refreshment or
accommodation therein without paying for his food, refreshment or accommodation.
3. Through any of the following fraudulent means:

(a) By inducing another, by means of deceit, to sign any document.
(b) By resorting to some fraudulent practice to insure success in a gambling game.
(c) By removing, concealing or destroying, in whole or in part, any court record, office files,
document or any other papers.

PLACEWHERE THE ELEMENTS of making, issuing, or drawing ofthe check and delivery
thereof ARE COMMITTED
16. DELIVERY OF INSTRUMENT is the final act essential toits consummation as an obligation
17. ALL KINDS OF CHECKS ARE COVERED BY THE LAW
i. Memorandum checks included
ii. Even checks of foreign currency as long as theyreissued in the Philippines
18. RPC SUPPLEMENTARY TO BP 22
19. KNOWLEDGE BY COMPLAINANT THAT DRAWERDOESNT HAVE SUFFICIENT FUNDS AT TIME
CHECKWAS ISSUED DOESNT GIVE RISE TO ESTAFATHROUGH BOUNCING CHECKS
20. Even if theres no deceit, mere dishonor of the checkalready creates public disturbance
and prejudice to thebanking system. Under BP 22, the act is a crime againstpublic
interest
21. Where CHECK is DRAWN BY A CORPORATION,PERSON/S WHO ACTUALLY SIGNED check
in behalf ofsuch drawer shall be LIABLE


Nolledo 2010:
1. If there is abuse of confidence, deceit is not an essential element. But deceit and abuse
of confidence may co-exist
Amorsolo v. People: It is well-settled that the essence of estafa thru
misappropriation is the appropriation or conversion of money or property
received to the prejudice of the owner. The words "convert" and
"misappropriated" connote an act of using or disposing of another's property as if
it were one's own, or of devoting it to a purpose or use different from that
agreed upon. To misappropriate for one's own use includes, not only conversion
to one's personal advantage, but also every attempt to dispose of the property
of another without.
In the instant case, complainant delivered his paintings to the accused due
to his trust in him since he is the brother of a fellow artist-painter and also
because of a previous business transaction he had had with him. When
accused-petitioner consigned the same paintings to a third entity (Heritage
Gallery) which is not known to complainant, accused did not commit an abuse
of the confidence reposed upon him by the complainant. Petitioner assumed
(and the assumption was correct) that he could do this in view of the
authorization given him to sell the property and certainly this could include a
sale by consignation.
While it is true that accused had an opportunity to return the second
painting, still it was his desire to continue with the sale because he believed that
in Mr. Lomotan he had a ready buyer who could make possible the
accomplishment in full of the agency to sell what had been entrusted to him.
There was no desire to appropriate anything for himself, no intent to defraud or
prejudice in any way the complainant. Truth to ten, he gave Lomotan's check to
Isidro. The fact that it bounced is not the fault of the accused. Moreover,
accused paid Isidro with the former's own check, even if partially, and he
recognized his obligation to pay the balance. Under the premises, it is obvious
Elements Elements in general:
1. accused defrauded another by abuse of confidence or by means
of deceit
2. damage or prejudice capable of pecuniary estimation is caused
to the offended party or 3rd person

2 ways of committing estafa
1) With abuse of confidence or unfaithfulness
2) Through deceit or false pretense here, its essential that the deceit be
prior to or simultaneous to the prejudice & the same be the very cause
of the damage
3) Through fraudulent means

Elements of ESTAFA W/ UNFAITHFULNESS:

1) Offender has ONEROUS OBLIGATION TO DELIVER SOMETHING OF VALUE
2) He ALTERS ITS SUBSTANCE, QUANTITY, ORQUALITY
3) DAMAGE or prejudice is CAUSED TO ANOTHER

Elements of ESTAFA W/ ABUSE OF CONFIDENCE

1) Money, goods, or other PERSONAL PROP RECEIVEDBY OFFENDER IN
TRUST, or on commission, or for administration, OR UNDER ANY OTHER
OBLIGATIONINVOLVING THE DUTY TO MAKE DELIVERY OF, OR
TORETURN, THE SAME
2) MISAPPROPRIATION OR CONVERSION OF such MONEY OR PROPERTY BY
OFFENDER, OR DENIAL ONHIS PART OF SUCH RECEIPT
3) Such misappropriation/conversion/denial is to the PREJUDICE OF
ANOTHER
4) Theres a DEMAND MADE BY OFFENDED PARTY TOOFFENDER

Elements of ESTAFA BY TAKING UNDUE ADVANTAGE
OF THE SIGNATURE IN BLANK
1) PAPER W/ SIG OF OFFENDED PARTY IS IN BLANK
2) OFFENDED PARTY DELIVERED IT TO OFFENDER
3) ABOVE SIG OF OFFENDED PARTY a DOC ISWRITTEN BY THE OFFENDER
W/O AUTHORITY TO DOSO
4) DOC so written CREATES LIABILITY OF, OR CAUSESDAMAGE TO,
OFFENDED PARTY OR ANY 3RD PERSON

Elements of ESTAFA BY MEANS OF FALSE
PRETENSES OR FRAUDULENT ACTS:
1) OFFENDER EMPLOYS ANY OF THE FF. false pretenses, fraudulent
acts, or fraudulent means:
a. USING FICTITIOUS NAME; FALSELYPRETENDING TO POSSESS
POWER, influence, qualifications, property, credit, agency,
business or imaginary transactions; OR BY means of OTHER
SIMILARDECEITS
b. ALTERING QUALITY, FINENESS, OR WEIGHT OFANYTHING
PERTAINING TO HIS ART OR BUSINESS
c. PRETENDING TO HAVE BRIBED ANY GOVTEMPLOYEE, w/o
prejudice to the action for calumny w/c the offended
party may deem proper to bring against offender
d. POSTDATING A CHECK, OR ISSUING A CHECK INPAYMENT
OF AN OBLIGATION WHEN OFFENDER HADNO FUNDS OR
INSUFFICIENT FUNDS in the bank
e. OBTAINING ANY FOOD, REFRESHMENT
ORACCOMMODATION AT A HOTEL, inn, restaurant,
boarding house, lodging house, or apartment house
ANDTHE LIKE W/O PAYING THEREFORE, W/ INTENT
TODEFRAUD THE PROPRIETOR OR MANAGER thereof; OR
BYOBTAINING CREDIT at aforesaid establishments BY USE
OF ANY FALSE PRETENSE; OR BYABANDONING or
surreptitiously removing ANY PART OFHIS BAGGAGE from
said establishments AFTEROBTAINING FOOD, etc. W/OUT
PAYING FOR SUCH
2) Such FALSE PRETENSE must be MADE or executed PRIOR OR
SIMULTANEOUSLY WITH THE COMMISSIONOF THE FRAUD
3) OFFENDED PARTY mustve RELIED ON THE FALSEPRETENSE he was
induced to part with his money or property because of the false
pretense, fraudulent act, or fraudulent means
4) AS A RESULT thereof, OFFENDED PARTY SUFFEREDDAMAGE

Elements of ESTAFA BY INDUCING ANOTHER TO SIGN
ANY DOCUMENTS
1) Offender INDUCED OFFENDED PARTY TO SIGN ADOC
2) DECEIT employed to make him sign the document
3) OFFENDED PARTY PERSONALLY SIGNED THE DOC
4) PREJUDICE CAUSED




that no criminal intent or liability exists. Thus, his liability is plainly merely a civil
one, as manifested in the letter of demand dated May 18, 1983, sent to the
accused by Isidro's counsel.

Boado 2008:
1. Distinctions Between Estafa and B.P 22
In B.P.22
a. Event thought the check was issued in payment of pre-existing obligation, liability is
incurred
b. Damage or deceit is immaterial to criminal liability
c. It is a crime against public interest since the act is penalized because of the
disastrous effect to the stability of the banking system and prejudice to the economy
of the country
d. Only the drawer is liable and if the drawer was a juridical entity, the officer thereof
who signed the check shall be liable. The endorser is not liable.
e. Drawer is given 5 banking days from notice of dishonor to make good the case
value thereof in order to avoid criminal liability
f. This is a malum prohibitum

In Estafa
a. The check is issued concurrently and reciprocally in payment of the exchange
consideration. The check should not be for a pre-existing obligation
b. Damage to the offended and deceit of offender are essential elements
c. It is a crime against property
d. Not only the drawer but even the endorsee may incur liability if he were aware at
the time of the endorsement of the insufficiency of the funds
e. Drawer is only given 3 days after notice of dishonor to make good the cash value to
avoid liability
f. Malum in se
2. Prosecution of estafa does not preclude that of B.P. 22.
b. In the 2
nd
form of estafa(deceit/False pretense) the common problem is bouncing check.
c. B.P. 22 provides that its prosecution shall be w/o prejudice to the punishment under the
Code
d. There is no double jeopardy because in B.P. 22, the act is crime against public interest
e. In B.P. 22, one need not prove that the check was issued in payment of an obligation or that
there was damage. The damage done is to the banking system.

On B.P. 22
1. The gravamen of B.P 22 is the act of making and issuing a worthless check or one that is
dishonored upon its presentment for payment and the issuer failed to satisfy the amount of
the check or make arrangement for its payment w/n 5 baking days.
2. The makers knowledge is presumed from the dishonor of the check for insufficiency of funds
3. Why presumed? Bec this element involves a state of mind w/c is difficult to establish
4. The prima facie presumption arises when a check is issued

Requisites for the Presumption of knowledge of Insufficiency of funds
Elements of ESTAFA BY RESORTING TO SOME
FRAUDULENT PRACTICE TO INSURE SUCCESS IN
GAMBLING
1) Offender PARTICIPATES IN A GAMBLING GAME
2) RESORTS TO SOME FRAUDULENT PRACTICE TOINSURE SUCCESS at
the gambling game

Elements of ESTAFA BY REMOVING, CONCEALING, OR
DESTROYING DOCUMENTS
1) COURT RECORD, OFFICE FILES, DOCS, OR ANYOTHER PAPERS
2) Offender REMOVED, CONCEALED OR DESTROYEDANY OF THEM
3) OFFENDED HAD INTENT TO DEFRAUD ANOTHER

BP 22 BOUNCING CHECKS LAW

Elements:
1) MAKING, DRAWING, AND ISSUING ANY CHECK TOAPPLY TO
ACCOUNT OR FOR VALUE
2) KNOWLEDGE OF MAKER/DRAWER/ISSUER THAT ATTIME OF ISSUE he
DOESNT HAVE SUFFICIENT FUNDSIN OR CREDIT W/ DRAWEE BANK
FOR PAYMENT OFTHE CHECK IN FULL UPON ITS PRESENTMENT
3) SUBSEQUENT DISHONOR of check by drawee bank for insufficiency
of funds, OR DISHONOR OF CHECK for same reason had not the
drawer, without any valid cause, ordered the bank to stop
payment

a. The check is presented to the bank w/n 90 days from the date of the check
b. The drawer or maker of the check receives notice that such check has not been
paid by the drawee; and
c. The drawer or maker of the check fails to pay the holder of the check the amount
due thereon, or make arrangements for payment in full w/n 5 banking days after
receiving notice that such check has not been paid by the drawee.
Yu Oh v. CA: the presumption is brought into existence only after it is proved
that the issuer had received a notice of dishonor and that w/n 5 days from
receipt thereof, he failed to pay the amount of the check or to make
arrangements for its payment.

5. The knowledge of insufficiency of funds exist at the time of the checks issuance that he did
not have enough funds or credit in the bank for payment thereof upon its presentment
6. The presumption or prima facie evidence cannot arise if such notice of non payment by the
drawee bank is not sent to the maker or drawer or if there is no proof as to when such notice
received by the drawer, since there would be no way of reckoning of the 5 day period.
7. If there is absence of presumption, the burden of evidence shifts to the prosecution to prove
such knowledge (w/c is difficult because knowledge is a state of mind)
f. Procedural due process clearly enjoins that a notice of dishonor be actually served on
petitioner
g. Petitioner has a right to demand- and the basic postulates of fairness requires that the
notice of dishonor be actually sent to and received by her to afford her the opportunity to
avert prosecution
8. An oral notice of dishonor is not sufficient as it must be in writing. Lack of written notice is
fatal to the prosecution
9. The notice of dishonor must be sent to the maker or drawer of the check after its dishonor
the check must be due and demandable because only a check that has become due can
be presented for payment before its due date.
10. A notice of dishonor to the corporation is not a notice of dishonor to the employee or officer
who drew the check for and its behalf
11. Corporation incurs no criminal liability under B.P 22
12. Responsibility is personal to the accused, hence, personal knowledge of the notice of
dishonor is necessary.
13. Post-dating means that on the date indicated, the check would properly be funded.
14. Circumstances that will Negate Conviction for Violation of B.P 22
a. The check was not issued to apply to an account or for value but as a guarantee
deposit
b. The required notice of dishonor had not been given to give the drawer the
opportunity to make good the value of the check w/n 5 banking days
c. The drawer had made credit arrangements w/ the bank but the bank overlooked
the arrangement and dishonored the check.
d. The issuer of the check is allowed by another statue to suspend payment and for this
purpose to give an order to the bank to stop payment of the check
e. Issuer has told the creditor that he has no longer funds in the bank but the checks
are issued only as evidence of the debt.
15. It is not the non-payment of an obligation which the law punishes, but the act of making and
NOTES
Estrada (2011)
1. Each act of drawing and issuing a bouncing check constitutes a separate
offense
2. A person who is neither a payee nor a holder of a bad check has no
personality to sue
3. It is not necessary to present the banks representative as a witness to testify
on the dishonor of the check

Sandoval 2010
P v Bautista: it is crystal clear that complainants were deceived into believing
that there were, indeed, jobs waiting for them in Taiwan. The assurances given
made complainants part with whatever resources they have, in exchange for
what they thought was a promising job abroad. Thus, they sold their carabaos,
mortgaged or sold their parcels of land and even contracted loans to raise
the much needed money, the P40,000.00 placement fee, required of them by
accused = there is ESTAFA (also with illegal recruitment)
1. There is estafa when the quantity or quality of anything of value by virtue of an
obligation to do so is altered.
Manahan v. CA: From the time of the failure to return the dump truck despite
demand for the return of the vehicle could already be considered to have
committed the crime of estafa.
2. Under P.D. 115 Trust Receipts Law - the failure of the entrustee to turn over the
proceeds of the sale of goods, documents, or instruments covered by a trust
receipt, to the extent to the amount owing to the entrust or, or as appears in the
trust receipts, or his failure to return the same if they were not sold or disposed of
in accordance w/ the terms of the trust receipt, shall constitute estafa.
3. Falsely pretending to possess power, influence, property, credit, business or
imaginary transaction, acquiring money or anything of value as a result to the
damage of another is also ESTAFA
4. ESTAFA by Means of Issuance of Checks:
It is necessary that the offender knew that his check had no sufficient
funds in the bank and at the same time was issued not in payment of a
pre-existing obligation
His failure to cover the amount of the check w/n three days from notice
creates a prima facie evidence of deceit
BP 22: Any person who makes or draws and issues any check to apply on
account or for value, knowing at the time of issue that he does not have
sufficient funds in or credit with the drawee bank for the payment of such
check in full upon its presentment, which check is subsequently
dishonored by the drawee bank for insufficiency of funds or credit or
would have been dishonored for the same reason had not the drawer,
without any valid reason, ordered the bank to stop payment, shall be
punished by imprisonment of not less than thirty days but not more than
one (1) year or by a fine of not less than but not more than double the
amount of the check which fine shall in no case exceed Two Hundred
Thousand Pesos, or both such fine and imprisonment at the discretion of
the court.
The mere issuing of worthless check is malum prohibitum
The mischief created by unfunded checks in circulation is injurious not
only to the payee or holder but to the public as well-
This harmful practice can very well pollute the channels of trade and
commerce, injure the banking system and eventually hurt the welfare of
society and public interest
Even if the maker or the drawer had sufficient funds at the time he made
or drew and issued his check, if he fails to maintain credit for ninety (90)
days- he is liable under BP 22

5. Estafa Thru Fraudulent Means

6. Distinctions Between and Among Robbery, Theft and Estafa
a. While only personal property is involved in robbery and theft, in
Estafa, the subject matter may be real property
b. In robbery, the taking of personal property is effected by means of
force upon things or violence against or intimidation or persons; not
so in theft and Estafa
issuing a check that is dishonored upon its presentment.
16. B.P 22 is a continuing crime


Aquino and Aquino (2008)
1. In ordinary estafa, deceit and damage are the elements in estafa
2. If there is no fraud, there is no estafa
3. Fraud or deceit and damage or injury must be established by sufficient and competent
evidence.
4. Damage in estafa may consist of mere disturbance of property rights
5. The law makes no distinction between temporary or permanent misappropriation
6. An extrajudicial compromise of estafa is VOID
h. Estafa is a public crime; an agreement between the author of the estafa dn the injured party
do not affect the existence of the liability of the guilty person..
7. Novation is not recognized by the Penal Code as a means for the extinction of criminal
liability.
8. Provisional dismissal of estafa does not preclude filing of a new estafa case.

Par 1(b): Embezzlement or estafa thru misappropriation
9. Gravity of estafa is determined by the amount of misappropriated
10. Accused charged w/ estafa thru misappropriation cannot be convicted of estafa thru false
al pretenses w/o violating his right to be informed of the nature and cause of the accusation
against him.
11. Fraud and deceit is not a necessary element of embezzlement. It is the breach of
confidence or infidelity.
12. Estafa thru misappropriation distinguished from estafa through false pretenses:
a. In estafa thru misapp- the elements are abuse of confidence and damage, while in
estafa thru false pretense, it is deceit and damage
b. In estafa thru misapp- the demand for the return of the amount or thing
misappropriated is necessary, while in estafa thru false pretense, it is not so
13. Misappropriate is an act of using or disposing of anothers property as if it were ones own
or of devoting it to a purpose or use different from that agreed upon.
14. Failure to account upon demand as in evidence of conversion

Gregorio (2008)
Concept of Damage
1. Actual or real damage is nbance of the propot necessary. May consists in mere
distur erty riht of the offended party as long as it is capable of pecuniary estimation
or even in temporary prejudice (penalty depends upon the value of the
defraudation)
2. Even if the object of the e chattel constituting the object of the deception is
recovered, there is dam age..
3. In all cases of estafa, mere intent to cause damage is sufficient w/c even includes
the estafa by other deceits (art 316)
4. The damage may be suffered by the offended party or by another. Although the
deceit may be employed upon one party, the damage may be suffered by
c. In theft and Estafa, the penalty depends on the amount involved
which is not necessarily so in Robbery, particularly in Robbery w/
violence against or intimidation of persons
d. In estafa, the offender receives the property, while in theft or
robbery, he takes the same w/o the consent of the owner by using
threats, intimidation or violence

US v De Vera: The crime is theft even if the property was delivered to
the offender by the owner or possessor, if the latter expects an
immediate return of the property delivered, that is, he delivered only
the physical or material possession of the property.
US v Figueroa: if what was delivered was juridical possession of the
property, that is, a situation where the person to whom it was
delivered can set off his right to possess even as against the owner,
the latter should not be expecting the immediate return of the
property, the misappropriation or taking of that property is ESTAFA

another.
5. Where there is no damage, the estafa may either be frustrated or attempted

Concept of Abuse of Confidence
1. imprudence, barefacedness, covetousness and disloyalty, employed in the taking
advantage of the opportunity
2. Abuse of confidence takes place of deceit, the latter not necessary as an element
of this kind of estafa
3. Even if deceit may be present, the abuse of confidence will characterized estafa as
the deceit is merely incidental or is absorbed by the abuse of confidence.
4. As long as there is a relation of trust and confidence b/n the complainant and the
accused and even though such relationship has been induced by the accused thru
false pretenses the estafa committed is by abuse of confidence.

Concept of Deceit

1. Deceit assumes so many different hues and forms that it is not possible to lay down
a rule to determine its presence
2. May consist in misrepresentation, trick, artifice, machination, or device
3. General Rule: in order to constitute deceit, there must be false representation as a
matter of fact, a positive assertion of falsehood.
4. May also consist in a fraudulent misrepresentation or contrivance by w/c
one man deceives another
5. Non-compliance of a promise to perform a thing does not constitute
deceit
6. To constitute an element of estafa, deceit must be prior to or
simultaneous w/ the damage and must be the cause thereof.
7. There is no deceit if the offended party is aware of the deceit or the
false representation of the offended party.

Effects of Novation
1. Novation or compromise does not affect the criminal liability of the
accused
2. If the compromise is executed before the criminal action is instituted
criminal liability is extinguished- but the novation must be expressed and
must refer only to the incipient criminal liability

In Altering the Substance, Quantity, or Quality: Offender delivers a thing under an onerous
obligation w/c is not in accordance w/ the substance, quantity, or quality agreed upon.



316.
OTHER FORMS OF SWINDLING.
The penalty of arresto mayor in its minimum and medium period and a fine of not less than the value of the
damage caused and not more than three times such value, shall be imposed upon:
1. Any person who, pretending to be owner of any real property, shall convey, sell, encumber or mortgage
the same.
2. Any person, who, knowing that real property is encumbered, shall dispose of the same, although such
encumbrance be not recorded.
3. The owner of any personal property who shall wrongfully take it from its lawful possessor, to the prejudice
of the latter or any third person.
4. Any person who, to the prejudice of another, shall execute any fictitious contract.
5. Any person who shall accept any compensation given him under the belief that it was in payment of
services rendered or labor performed by him, when in fact he did not actually perform such services or
labor.
6. Any person who, while being a surety in a bond given in a criminal or civil action, without express authority
from the court or before the cancellation of his bond or before being relieved from the obligation
contracted by him, shall sell, mortgage, or, in any other manner, encumber the real property or properties
with which he guaranteed the fulfillment of such obligation.

Notes

1. thing disposed of must be real property
2. building is a real property
3. existing real property
4. deceit consisting in false pretenses as to ownership of real property
must be employed by the offender
5. even if deceit is practiced against the second purchaser and the
damage is incurred by the first purchaser, there is violation of
paragraph 1
6. actual damage necessary, not mere intent of damage

by disposing real property as free from encumbrance, although
such encumbrance be not recorded
1. offended party must have been deceived; would not
have granted the loan had he known that the property
was already encumbered
2. not applicable when the loan had already been granted
when defendant offered the property as security for the
payment of the loan
3. promise to mortgage is not encumbrance
4. attachment is not encumbrance until it is registered; void
5. usurious loan with equitable mortgage is not an
encumbrance
6. thing disposed of must be real property
7. offender must know that the real property is encumbered
8. real property may be registered under any system of
registration
9. the third element required misrepresentation, fraud,
deceit
10. if third element not established, no crime
11. there must be damage caused

by wrongfully taking by the owner his property from its lawful
possessor

1. offender must be the owner of personal property
2. in no case can the owner be guilty of theft of his own property
3. ut taking it from the lawful possessor without consent, then
charging the possessor with the value of the property = theft


Elements 1. by conveying, selling, encumbering, or mortgaging any real property, pretending to be the owner
of the same

Elements:
1. the thing be immovable, such as a parcel of land or a building
2. that the offender who is not the owner of said property should represent that he is the owner thereof
3. the offender should have executed an act of ownership (selling, leasing, encumbering or mortgaging the
real property)
4. the act be made to the prejudice of the owner or a third person

2. by disposing real property as free from encumbrance, although such encumbrance be not
recorded

elements:
1. that the thing disposed of be real property
2. that the offender know that the real property was encumbered, whether encumbrance is recorded or not
3. there must be express representation by the offender that the real property is fee from encumbrance
4. the act of disposing the real property be made to the damage of another encumbrance all rights or
interest un the land which exists in favor of third persons

3. by wrongfully taking by the owner his property from its lawful possessor

Elements:
1. offender is the owner of personal property
2. said personal property is in the lawful possession of another
3. offender wrongfully takes it from lawful possessor.
4. prejudice is thereby caused to the possessor or third person

4. By executing any fictitious contract to the prejudice of another

5. By accepting any compensation of services not rendered or for labor not performed

6. By selling, mortgaging or encumbering real property or properties with which the offender
guaranteed the fulfilment of his obligation as surety
Elements:
12. the offender is a surety in a bond given in a criminal or civil action
13. he guaranteed the fulfilment of such obligation with his real property or properties
14. that he sells, mortgages, or in any other manner encumbers said real property
15. that such sale, mortgage, encumbrance is
a. without express authority from the court
b. made before cancellation of his bond
c. before being relieved from the obligation contracted by him
Penalty


Crime 317.
SWINDLING A MINOR
Art. 318.
Other deceits.


Any person who taking advantage of the inexperience or emotions or feelings of
a minor, to his detriment, shall induce him to assume any obligation or to give any
release or execute a transfer of any property right in consideration of some loan of
money, credit or other personal property, whether the loan clearly appears in the
document or is shown in any other form, shall suffer the penalty of arresto mayor and
a fine of a sum ranging from 10 to 50 per cent of the value of the obligation
contracted by the minor.


The penalty of arresto mayor and a fine of not less than the amount of the damage caused and not more
than twice such amount shall be imposed upon any person who shall defraud or damage another by any other
deceit not mentioned in the preceding articles of this chapter.

Any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes, or take advantage of the
credulity of the public in any other similar manner, shall suffer the penalty of arresto mayor or a fine not
exceeding 200 pesos.

Element
the offender takes advantage of the inexperience or emotions or feelings of a minor
1. that he induces such minor to
a. assume an obligation
b. give release
c. execute a transfer of any property right
2. that the consideration is
a. some loan or money
b. credit
c. other personal property
4. that the transaction is to the detriment of such minor
Punished acts:
1. DEFRAUDING OR DAMAGING ANOTHER BY ANY OTHER DECEIT NOT MENTIONED in the preceding
articles
2. INTERPRETING DREAMS, BY MAKING FORECASTS, TELLING FORTUNES, OR BY TAKING ADVANTAGE OFTHE
CREDULITY OF THE PUBLIC IN ANY OTHERSIMILAR MANNER, FOR PROFIT OR GAIN

- real property not included 1. CATCH-ALL PROVISION
2. estafa by hiring and using public vehicle without money to pay the fare
3. include false pretenses and fraudulent acts




Chapter Seven
CHATTEL MORTGAGE






Art. 319.
Removal, sale or pledge of mortgaged property.

The penalty or arresto mayor or a fine amounting to twice the value of the property shall be imposed upon:
1. Any person who shall knowingly remove any personal property mortgaged under the Chattel Mortgage
Law to any province or city other than the one in which it was located at the time of the execution of the
mortgage, without the written consent of the mortgagee, or his executors, administrators or assigns.
2. Any mortgagor who shall sell or pledge personal property already pledged, or any part thereof, under
the terms of the Chattel Mortgage Law, without the consent of the mortgagee written on the back of the
mortgage and noted on the record hereof in the office of the Register of Deeds of the province where such
property is located.


1. Chattel mortgage mortgage of personal property; cantbe mortgaged
again, unless the contract says you can
2. Real property mortgage can be mortgaged several timesat once
3. third persons included in any person
4. no felonious intent when transfer of personal propertyis due to change of
residence
5. if chattel mortgage is not registered, no violation of art319
6. removal of mortgaged personal property must becoupled with intent to
defraud
7. filing a civil action for collection, not forforeclosure of chattel mortgage,
relieves theaccused of criminal responsibility
8. house may be subject of chattel mortgage byagreement of the parties
9. second chattel mortgage is included
10. damage is not necessary
11. may give rise to estafa by means of deceit
Punished acts & respective elements:
1. Knowingly removing any personal property mortgaged under the Chattel Mortgage Law to
any province or city other than the one in which it was located at the time of execution of the
mortgage, w/o the written consent of the mortgagee or his executors, administrators or assigns
a. PERSONAL PROP IS MORTGAGED under the Chattel Mortgage Law
b. OFFENDER KNOWS such property is mortgaged
c. Offender REMOVES SUCH mortgaged personal
d. property TO ANY PROVINCE OR CITY OTHER THAN THE ONE IN W/C IT WAS LOCATED AT
THE TIME OF the EXECUTION OF the MORTGAGE
e. REMOVAL is PERMANENT
f. NO WRITTEN CONSENT of mortgagee or his executors, administrators or assigns to such
removal
2. Selling or pledging personal property already pledged, or any part thereof, under the terms of
the Chattel Mortgage Law, without the consent of the mortgagee written on the back of the
mortgage and noted on the record thereof in the office of the register of deeds of the property
where such property is located
a. PERSONAL PROP IS ALREADY PLEDGED under the terms of the Chattel Mortgage Law
b. Offender, whos the MORTGAGOR of such property, SELLS OR PLEDGES THE SAME OR
ANY PART thereof
c. NO CONSENT OF MORTGAGEE written on the back of the mortgage and noted on the
record thereof in the office of the register of deeds
Chapter Eight
ARSON AND OTHER CRIMES INVOLVING DESTRUCTIONS
320-326

320.
Destructive arson.
The penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed upon any
person who shall burn:
1. Any arsenal, shipyard, storehouse or military powder or fireworks factory, ordinance, storehouse,
archives or general museum of the Government.
2. Any passenger train or motor vehicle in motion or vessel out of port.
3. In an inhabited place, any storehouse or factory of inflammable or explosive materials.

PRESIDENTIAL DECREE No. 1613
AMENDING THE LAW ON ARSON

Section 1.Arson. Any person who burns or sets fire to the property of another shall be punished by Prision Mayor.
The same penalty shall be imposed when a person sets fire to his own property under circumstances which
expose to danger the life or property of another.

Section 2.Destructive Arson. The penalty of Reclusion Temporal in its maximum period to Reclusion Perpetua shall
be imposed if the property burned is any of the following:
1. Any ammunition factory and other establishment where explosives, inflammable or combustible
materials are stored.
2. Any archive, museum, whether public or private, or any edifice devoted to culture, education or
social services.
3. Any church or place of worship or other building where people usually assemble.
4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of persons or
property
4. Any building where evidence is kept for use in any legislative, judicial, administrative or other official
proceedings.
5. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or private
market, theater or movie house or any similar place or building.
6. Any building, whether used as a dwelling or not, situated in a populated or congested area.

Section 3.Other Cases of Arson. The penalty of Reclusion Temporal to Reclusion Perpetua shall be imposed if the
property burned is any of the following:
1. Any building used as offices of the government or any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest;
4. Any rice mill, sugar mill, cane mill or mill central; and
5. Any railway or bus station, airport, wharf or warehouse.

Section 4.Special Aggravating Circumstances in Arson. The penalty in any case of arson shall be imposed in its
maximum period;
1. If committed with intent to gain;
2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner or occupant of the property burned;
Notes

Reyes (2008)
1. PURPOSE of the law: to effectively discourage and deter the commission of
the crime, to prevent the destruction of properties and protect the lives of
innocent people
2. Nature of destructive arson is distinguished from simple arson by the degree of
perversity or viciousness of the criminal offender
3. Simple arson under PD 1613 contemplates crimes with less significant social,
economic, political and national security implications than destructive arson

Sandoval 2010
1. Arson is a malicious destruction of real property by means of fire
2. If as a consequence of any of the acts enumerated, death results, the
mandatory penalty shall be death

Nolledo 2010:
1. Arson is the criminal burning of property
2. the penalty in arson depends on the nature of the property burned, value of
the property or on certain circumstances
o Attempted arson: While in the act of striking his match in order
to burn the rag soaked in gasoline which he puts in the
combustible portion of Bs house, he was arrested by a
policeman who happns to pass by (A begins all the commission
of the felony directly by overt acts but does not fulfill all to the
acts of execution necessary to fulfill the felony by reason of the
timely arrival of the policeman and there is no voluntary
desistance of A)
o Frustrated Arson: Y, the owner of the house discovers the fire
and puts it out (x has already performed all the acts of
execution necessary to produce the felony but the felony is not
produced by reason of a cause ( timely intervention of the
owner, independent of the will of the culprit)

Boado 2008:
1. In arson, the corpus delicti rule is generally satisfied by proof of the bare
occurrence of the fire and of its having been intentionally caused.
2. Even if the whole house has not been completely gutted by the fir, the crime
is still consummated arson. It is enough that a portion thereof is burned
3. If the evidence establishes..
4. If committed by a syndicate.
The offense is committed by a syndicate if its is planned or carried out by a group of three (3) or more persons.

Section 5.Where Death Results from Arson. If by reason of or on the occasion of the arson death results, the
penalty of Reclusion Perpetua to death shall be imposed.

Section 6.Prima Facie evidence of Arson. Any of the following circumstances shall constitute prima facie
evidence of arson:
1. If the fire started simultaneously in more than one part of the building or establishment.
2. If substantial amount of flammable substances or materials are stored within the building note
necessary in the business of the offender nor for household us.
3. If gasoline, kerosene, petroleum or other flammable or combustible substances or materials soaked
therewith or containers thereof, or any mechanical, electrical, chemical, or electronic contrivance
designed to start a fire, or ashes or traces of any of the foregoing are found in the ruins or premises of
the burned building or property.
4. If the building or property is insured for substantially more than its actual value at the time of the
issuance of the policy.
4. If during the lifetime of the corresponding fire insurance policy more than two fires have occurred in
the same or other premises owned or under the control of the offender and/or insured.
5. If shortly before the fire, a substantial portion of the effects insured and stored in a building or property
had been withdrawn from the premises except in the ordinary course of business.
6. If a demand for money or other valuable consideration was made before the fire in exchange for the
desistance of the offender or for the safety of the person or property of the victim.
Section 7.Conspiracy to commit Arson. Conspiracy to commit arson shall be punished by Prision Mayor in its
minimum period.

a. The occurrence of fire because of criminal urgency; and
b. The identity of the defendants as the one responsible for the crime
.the proof of the crime charge is complete
4. Even the uncorroborated testimony of a single witness, if credible, may be
enough to prove corpus delicti and to warrant conviction.
5. Arson can be committed thru negligence
6. In arson, the enormity of the offense is not measured by the value of the
property burned but by the human lives exposed to destruction.
7. There is no frustrated arson
8. To justify arson upon circumstantial evidence, the combination or
circumstance must be such as to leave no reasonable doubt in the mind of
the criminal as to the criminal responsibility of the accused
9. Arson is committed even if offender burned his own property if burning was
made under circumstances w/c exposed the property or life of another to
danger
10. It is a composite crime or special complex crime of DESTRUCTIVE ARSON with
HOMICIDE if a person dies. The phrase arson w/ homicide is only to
emphasize that somebody died.
11. When is the crime MURDER, ARSON, OR COMPOSITE CRIME OF ARSON W/
HOMICIDE
a. MURDER: use of fire was specifically chosen primarily to kill the victim
b. Arson and murder/homicide: when the murder/homicide has
already been consummated and the house was burned to conceal
the crime
c. Arson:

Aquino (2008)
1. it seems that there is no frustrated arson. It is either consummated or
attempted.
2. Murder or homicide would exist if the killing were the objective of the
malefactor and the burning of a building was resorted only as the means
of accomplishing his purpose.
3. It is arson when the death is a mere consequence arson would absorb
homicide
4. Arson through reckless imprudence may produce a complex offense
Elements Punished acts: burning
1. 1 or more buildings or edifices, consequent to a single act of burning, or as a
result of simultaneous burnings, or committed on several or different occasions
2. Any building devoted to the public in general, regardless of whether offender had
knowledge that there are persons in said building or edifice at the time its set on
fire & regardless also of whether the building is actually inhabited or not
3. Any train or locomotive, ship or vessel, airship or airplane, devoted to
transportation or conveyance, or for public use, entertainment or leisure
4. Any building, factory, warehouse installation, & any appurtenances thereto,
which are devoted to the service of public utilities
5. any building the burning of w/c is for the Purpose of concealing or destroying
evidence of another violation of the law, or for the purpose of concealing
bankruptcy or defrauding creditors or to collect from Insurance
6. any arsenal, shipyard, storehouse, or Military power or fireworks factory,
Ordinance, storehouse, archives, or gen. Museum of the govt
7. inhabited place, any storehouse or Factory of inflammable or explosive Materials



Other forms of burning
321.
Other forms of burning
Notes

Nolledo 2010:
1. the mental act of knowledge on the part of the
accused that the building may be inferred from the
proven facts and circumstances of the case
2. If the building is burned , the offender having
knowledge that it was occupied and one or more
persons were killed, the crime is the complex crime of
arson and homicide.
3. The complex crime exists if the killing was the objective
and arson was the means of committing (although,
Groizard is of the opinion that when fire is used to kill a
determined person in shelter, the crime is plain murder)

Aquino (2009)
1. in par 1. Knowledge on the part of the accused that the
building set on fire is occupied is an essential element of
the offense.
2. The knowledge must be alleged, otherwise, offender
would be convicted under par 2
3. Par 2 (b) refers to a case where the accused did not
know that the building is occupied which deserves
higher penalty
i. He who sets fire in an uninhabited house does so
consciously at the risk that his act may cause damage
not only to the property but also to the persons who
may be found inside


Elements
Reclusion temporal to reclusion perpetua:
a. if the offender shall set fire to any building, farmhouse, warehouse, hut,shelter, or vessel in port,
knowing it to be occupied at the time by one or more persons
b. f the building burned is a public building and the value of the damage caused exceeds 6,000 pesos
c. if the building burned is a public building and the purpose is to destroy evidence kept therein to be
used in any legislative, judicial, or administrative proceedings, irrespective of the amount of the
damage, provided however, that if the evidence destroyed is to be used against the defendant for
the prosecution of any crime punishable under existing laws, the penalty shall be reclusion perpetua
d. if the arson shall have been committed with the intention of collecting under an insurance policy
against loss or damage by fire

By reclusion temporal
a. if an inhabited house or any other building in which people are accustomed to meet is set on fire,
and the culprit did not know that such house or building was occupied at the time, or if he shall set
fire to a moving freight train or motor vehicle, and the value of the damage caused exceeds 6,000
pesos
b. if the value of the damage caused does not exceed 6,000
c. if a farm, sugar mill, cane mill, mill central, bamboo grooves, or any similar plantation is set on fire,
and the damage caused exceeds 6,000 pesos
d. if grain fields, pasture lands, or forests or plantings are set on fire, and the damage caused exceeds
6, 000 pesos

by prision mayor:
a. if the value of the damage caused in the cases mentioned does not exceed 6,000 pesos
b. if a building not used as a dwelling or place of assembly, located in a populated place, is set on fire,
and the damage caused exceeds 6,000

By prision correccional in its maximum period to prision mayor in its medium period
a. if a building used as a dwelling located in an uninhabited place is set on fire and the damage
caused exceeds 1,000 pesos








MALICIOUS MISCHIEF
Art. 327.
Who are liable for malicious mischief.
Any person who shall deliberately cause the property of another any damage not falling within the terms of the
next preceding chapter shall be guilty of malicious mischief.
Art. 328.
Special cases of malicious mischief.
Any person who shall cause damage to obstruct the performance of public functions, or using any poisonous or
corrosive substance; or spreading any infection or contagion among cattle; or who cause damage to the property of
the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other
thing used in common by the public, shall be punished:
1. By prision correccional in its minimum and medium periods, if the value of the damage caused exceeds
1,000 pesos;
2. By arresto mayor, if such value does not exceed the abovementioned amount but it is over 200 pesos; and
3. By arresto menor, in such value does not exceed 200 pesos.
Art. 329.
Other mischiefs.
The mischiefs not included in the next preceding article shall be punished:
1. By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds 1,000
pesos;
2. By arresto mayor in its minimum and medium periods, if such value is over 200 pesos but does not exceed
1,000 pesos; and
3. By arresto menor or fine of not less than the value of the damage caused and not more than 200 pesos, if
the amount involved does not exceed 200 pesos or cannot be estimated.
Art. 330.
Damage and obstruction to means of communication.
The penalty of prision correccional in its medium and maximum periods shall be imposed upon any person who
shall damage any railway, telegraph or telephone lines.
If the damage shall result in any derailment of cars, collision or other accident, the penalty of prision mayor shall be
imposed, without prejudice to the criminal liability of the offender for the other consequences of his criminal act.
For the purpose of the provisions of the article, the electric wires, traction cables, signal system and other things
pertaining to railways, shall be deemed to constitute an integral part of a railway system.
Art. 331.
Destroying or damaging statues, public monuments or paintings.
Any person who shall destroy or damage statues or any other useful or ornamental public monument shall suffer the
penalty of arresto mayor in its medium period to prision correccional in its minimum period.
Any person who shall destroy or damage any useful or ornamental painting of a public nature shall suffer the penalty
of arresto menor or a fine not exceeding 200 pesos, or both such fine and imprisonment, in the discretion of the court.

Notes

1. 3rd element presupposes that the offender acted due to hate, revenge, or other
evil motive
2. If no malice, only civil liability
3. If after damaging the property, the offender removes or makes use of the fruits or
objects of the damage, there is theft
4. Damage of property must not result from the crime
5. Person charged with malicious mischief can be guilty of damage to property
through reckless imprudence
6. MALICIOUS MISCHIEF: any means of causing damage to the property of another
without the use of fire or pyrotechnic (arson). There must be specific INTENT TO
DESTROY THE PROP OF ANOTHER
7. If the intent is to irritate a person, the crime is unjust vexation. Malicious mischief is
against property while unjust vexation is against personal security.
8. Malicious mischief is COMMITTED ONLY BY DOLO because malice is an inherent
element. The offender shouldnt appropriate the property or portion thereof;
otherwise, the crime is theft.

Other Mischiefs
9. killing cows of another as an act of revenge
10. scattering human excrement in public building is other Mischief
11. Penalties for mischief not included in next preceding article, based on value of
damage caused

DAMAGE AND OBSTRUCTION TO MEANS OFCOMMUNICATION
12. Penalties imposed upon any person
13. damage any railway, telegraph or telephone lines
14. damage results in any derailment of cars, collision or other accident, w/o prejudice
to the criminal liability of the offender for the other consequences of his criminal
act
15. if damage results in any derailment of cars, collusion or other accident, a higher
penalty shall be imposed
16. not applicable when the telegraph or telephone lines do not pertain to railways

Boado (2008)
1. Malicious Mischief is the act of intentionally causing damage to property of
another w/o the use of fire or pyrotechnic
2. there must be intent to destroy property
3. committed only by dolo and never by culpa because malice is an inherent
element
4. Malicious Mischief Distinguished from Arson
a. In MM, the cause of destruction should not be by fire; in A, fire is used to
destroy property
b. MM is only by dolo; A can be by dolo or culpa
c. MM by causing damage and obstruction to means of communication is w/o is
w/o prejudice to the criminal liability for the consequences of offenders
criminal act such as homicide, murder, mutilation and physical injuries;
separate crimes are committed. When death supervenes in arson, the crime is
composite crime or special complex crime of arson with homicide
Elements of malicious mischief:
1. The offender deliberately caused damage to the property of another
2. Such act does not constitute arson or other crimes involving destruction
3. The act of damaging anothers property be committed merely for the sake of damaging it

Punished acts for Special Cases of Malicious Mischief:
1) Causing damage to obstruct performance of public functions
2) Using any poisonous or corrosive substance
3) Spreading any infection or contagion among cattle
4) Causing damage to the prop of the natl museum or natl library, or to any archive or registry,
waterworks, road, promenade, or any other thing used in common by the public


Chapter Ten
EXEMPTION FROM CRIMINAL LIABILITY
IN CRIMES AGAINST PROPERTY











Art. 332.
Persons exempt from criminal liability.
No criminal, but only civil liability, shall result from the commission of the crime of theft, swindling or
malicious mischief committed or caused mutually by the following persons:
1. Spouses, ascendants and descendants, or relatives by affinity in the same line.
2. The widowed spouse with respect to the property which belonged to the deceased
spouse before the same shall have passed into the possession of another; and
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
The exemption established by this article shall not be applicable to strangers participating in the
commission of the crime.

1. exemption by reason of presumed co-ownership
2. stepfather, adopted father, natural children, concubine,
paramour=included
3. common law spouses
4. To be exempt from criminal liability required that:
a. property belongs to the deceased spouse
5. not passed into the possession of a third person
Crimes involved in exemption:
1) THEFT
2) ESTAFA
3) MALICIOUS MISCHIEF


persons exempted from criminal liability
1. spouse, ascendants and descendants, or relatives by affinity in the same
line
2. widowed spouse with respect to the property w/c belonged to the
deceased spouse before the same passed into the possession of another
3. brothers & sisters and brothers-in-law & sisters-in-law, if living together
Title Eleven
CRIMES AGAINST CHASTITY
Chapter One
ADULTERY AND CONCUBINAGE
Art. 333.
Who are guilty of adultery.
Art. 334.
Concubinage.

Article
Adultery is committed by any married woman who shall have sexual intercourse with a man
not her husband and by the man who has carnal knowledge of her knowing her to be married,
even if the marriage be subsequently declared void.
Adultery shall be punished by prision correccional in its medium and maximum
periods.
If the person guilty of adultery committed this offense while being abandoned without
justification by the offended spouse, the penalty next lower in degree than that provided in the
next preceding paragraph shall be imposed.

Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse,
under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any
other place, shall be punished by prision correccional in its minimum and medium periods.
The concubine shall suffer the penalty of destierro.
Elements 1. woman is married
2. had sexual intercourse with a man not her husband
3. as regards the man with whom she has sexual intercourse, he must know her to be married

Adultery is committed by any married woman who shall have sexual intercourse with a
man not her husband and by the man who has carnal knowledge of her, knowing her
to be married, even if the marriage se subsequently declared void.

Adultery Distinguished from Prostitution:
1. Adultery is a crime against chastity; prostitution against public morals
2. May be committed by single or married woman: adultery always by a married woman
3. Sexual intercourse is the punishable act; in prostitution the act may be sexual
intercourse or lascivious conduct habitually made
4. Woman involved does it for consideration (money or profit); in adultery, for enjoyment

1) married man
2) committed any of the following
a) keeping a mistress in the conjugal dwelling
b) having sexual intercourse under scandalous circumstances w/ a woman not his wife
c) cohabiting with a woman not his wife in any other place
3) woman must know the man is married


Penalty

PC in med & max PC in min & med periods

Destierro for the concubine
Notes


Reyes (2008)
1. The woman must be married
2. offended party must be legally married to the offender at the time of criminal case
3. Even if the marriage is subsequently declared void, adultery can still be committed-
can only be done by a competent authority in a final judgment- otherwise, attack on
the family exists
4. carnal knowledge may be proved by circumstantial evidence
5. each sexual intercourse is crime of adultery
6. essence of adultery is violation of marital vow
7. The gist of the crime is introducing spurious heirs into the family, where the rights of the
real heirs may be impaired.
8. abandonment without justification is not exempting, but only mitigating

Reyes (2008)
Mistress: concubine

Conjugal Dwelling: the home of the husband and the wife even of the wife happens to be
temporarily absent on any account

Scandalous Circumstances: becomes an element only when the mistress is kept elsewhere
(outside the conjugal dwelling). May occur not only when;
c. he and his mistress live in the same room of a house
d. They appear together in public; and
e. Perform acts in sight of the community w/c give rise to criticism and general protest among the
neighbors
9. sheer necessity mitigates liability of the married woman
10. Abandonment is mitigating circumstance to both defendants
11. The man to be guilty of adultery, must have knowledge of the married status of the
woman
12. married man not liable for adultery who did not knowthat the woman was married,
may be liable forconcubinage
13. effect of acquittal of one of defendants, does notoperate as a cause for acquittal of
the other
Reasons:
a) there may not be a criminal intent, although there is joint physical act
b) One of the parties may be insane, only the sane could be held criminally liable
c) The man may not know that the woman is married
d) death of the woman cannot defeat the trial and conviction of the man.
e) If the man had left the c
f) ountry, the woman can be tried and convicted.
14. Effect of death of offended party: proceedings must continue
15. Effect of pardon
(a) The pardon must come before the institution of the criminal prosecution; and
(b) Both the offenders must be pardoned by the offended party
16. Act of intercourse subsequent to adulterous conduct is an implied pardon the act
must be expressed not implied
17. consent dismisses adultery
18. Agreement to separate is consent to the wifes infidelity
19. no accomplice inn adultery

Sandoval 2010
1.
Nolledo 2010:
1. It takes two to commit adultery, if the man does not know that the woman is married,
he is not criminally liable
2. if the marriage is voidable there can still be adultery even if the marriage is
subsequently annulled
3. every sexual act is a crime in itself
4. the acquittal of the accused does not necessarily mean the acquittal of the other
accused
5. the mitigating circumstance in the last paragraph may be appreciated for both
offenders

Boado 2008:
1. there cannot be a frustrated stage because the essence is SI.
2. Each instance is one count of adultery
3. Pardon and Consent: consent is granted prior to adulterous act while pardon is given
after the illicit affair. For either to benefit the accused, it must be given prior to the
filing of a criminal intent.

Estrada (2008)
1. Adultery is an instantaneous crime which is consummated by SI
2. It is not a continuing crime unlike concubinage
3. Lack of knowledge of the womans marriage is a valid defense.

Cohabit: to dwell together, in the manner of husband and wife, for some period of time, as
distinguished from occasional, transient interviwd for unlawful intercourse
1. concubinage is a violation of the marital vow
2. offenders are the married man and the woman who knows him to be married
3. married man is not liable for concubinage for mere sexual relations with a woman not his wife
4. Concubinage by keeping a mistress in the conjugal dwelling
5. people in the vicinity are the best witnesses to prove scandalous circumstances
6. when spies are employed, and none of the people living in the vicinity has observed any
suspicious conduct, there is no evidence of scandalous circumstances
7. adultery is more severely punished than concubinage
o sexual intercourse not an indispensable element of concubinage
o concubine is penalized only by destierro
8. for either consent or pardon to benefit the accused in adultery or concubinage, it must be
given prior to the filing of a criminal complaint

Sandoval 2010
1. if the charges consist in keeping a mistress in the conjugal dwelling, there is no need for proof
of SI
2. the woman must be brought into the conjugal house by the accused as a concubine to fall
under this article
3. the cohabitation must be for some period of time w/c may be a week, a year or longer as
distinguished from occasional or transient meetings for unlawful SI

Nolledo 2010
1. if a husband brings his paramour to the conjugal dwelling, living w/ her there and the legal
wife left the dwelling guilty under No, 1
2. if husband and his paramour have carnal acts imprudently (guilty under no. 2)
3. husband lives the conjugal dwelling and lives with his paramour, he is guilty under No. 3
4. if the husband merely has carnal knowledge with the paramour in hotels even in different
occasions, he is not guilty of concubinage for this is not one of the 3 ways by which it is
committed

Boado 2008:
1. A man can be liable for adultery and concubinage at the same time

Estrada (2008)
a. Conjugal dwelling refers to the house of the husband and wife or even a place
where they temporarily reside
b. To cohabit means to live together in the concept of a husband and wife for some
period of time.



ART. 336.
ACTS OF LASCIVIOUSNESS.
Any person who shall commit any act of lasciviousness upon
other persons of either sex, under any of the circumstances
mentioned in the preceding article, shall be punished by prision
correccional.

Notes

Reyes (2008)
1. Balioses case: compelling a girl to dance naked before men is an act of lasciviousness, even if the dominant motive is
revenge, for her failure to pay a debt.
2. Fernando case: 60 year old woman, taken out of her house, slapped and maltreated, her drawers taken off, hands and
feet bound to compel her to admit the theft is grave coercion.
3. In Balioses case, the compulsion by beating the girl is included in the constructive element of force in acts of lasciviousness;
in Fernando case- the compulsion is the very act of constituting the offense of grave coercion.
4. Motive of lascivious acts is not important because the essence of lewdness is in the very act itself.
5. Embracing, kissing and holding girls breast is act of lasciviousness (P. v. Collado)
6. In some cases, touching the breast of a woman is considered unjust vexation only
P. v. Anonuevo: considering the religious atmosphere , and presence of many persons
P v. Apron: The accused was jilted by the girl, kissed her in public view and touched her breasts: unjust vexation only
P. Balbar: there was no lewd design when the accused kissed and embraced the complainant in a schoolroom in
the presence of her students and w/n the hearing distance of her co-teachers
7. There is lewd design when committed in a theater.
8. Being a mental process discernable only by overt acts, no inflexible rule can be laid down as an accurate measure.
9. Kissing and embracing a woman against her will are acts of lasciviousness when prompted by lust or lewd designs.
1) committed against a male or female and under circumstances of rape.
2) in 339 the acts of lasciviousness are committed under circumstances of seduction and the victim must be a female
o compared to attempted rape: for both, theres no penetration. more importantly, in acts of lasciviousness, there
is lack of intent to penetrate
3) presence or absence of lewd signs is inferred from the nature of the acts themselves and the environmental
circumstances
4) not attempted rape when there is no intent to have sexual intercourse
5) lewd design is when it is to derive vicarious pleasure therefrom

Sandoval 2010
1) the feeling of lasciviousness is an emotional process that differs in intensity among different persons in different situations,
discernible only by overt acts so that no inflexible rule can be laid down as an accurate measure
2) Must be committed under any of the circumstances that had there been SI, the crime would have been rape
3) Can be committed by either sex.

Nolledo 2010
1) There are note attempted or frustrated for the acts themselves shall consummate the offense
2) The difference between acts of lasciviousness and unjust vexation is the presence of lewd design
3) Acts of lasciviousness are not absorbed in rape
Elements 1) offender commits any act of
lasciviousness or lewdness
2) act of lasciviousness is committed against
a person of either sex
3) done under any of the ff. circumstances:
a) by using force or intimidation
b) when offended party is deprived of
reason or otherwise unconscious
c) by means of fraudulent machination
or grave abuse of authority
d) offended party is less than 12 yrs of
age or is demented
Penalty


337, 338, 339
Art. 337.
Qualified seduction.
The seduction of a virgin over twelve years and under eighteen years of age,
committed by any person in public authority, priest, home-servant, domestic,
guardian, teacher, or any person who, in any capacity, shall be entrusted with the
education or custody of the woman seduced, shall be punished by prision
correccional in its minimum and medium periods.
The penalty next higher in degree shall be imposed upon any person who shall
seduce his sister or descendant, whether or not she be a virgin or over eighteen years
of age.
Under the provisions of this Chapter, seduction is committed when the offender has
carnal knowledge of any of the persons and under the circumstances described
herein.

Art. 338.
Simple seduction.
The seduction of a woman who is single or a widow of good reputation, over
twelve but under eighteen years of age, committed by means of deceit, shall be
punished by arresto mayor.

Art. 339.
Acts of lasciviousness with the consent of the offended party.
The penalty of arresto mayor shall be imposed to punish any other acts of
lasciviousness committed by the same persons and the same circumstances as those
provided in Articles 337 and 338.chan robles virtual law library

Notes

Reyes (2008)
337
1. The offended party must be a virgin, over 12 years and under 18 years of age
2. Virginity is presumed if woman is unmarried and of good reputation
- P v Ramos: The accused must prove that the woman is not a virgin and the proof must
be convincing, not just insinuations or conjectures
3. Woman is married and offender knows it = adultery
4. Victim is less that 12 years of age= rape
5. Offended Party need not be physically virgin
Virginity as the RPC refers is not to be understood in so material a sense as to
exclude the idea of abduction of a virtuous woman of good reputation
U.S v Casten: even with prior intercourse with the girl, the court considered her a
virgin
US v Suan: the gild had carnal knowledge w/ other men; she is no longer a virgin,
but a public woman
6. There must be sexual intercourse OTHERWISE, the crime is ACT of LASCIVIOUSNESS (Art 339)
7. Deceit is not an element of qualified seduction
P v Fontanilla: the law takes for granted the existence of the deceit as an integral
element of the said crime and punishes it with greater severity than it does the simple
seduction taking into account the abuse of confidence on the part of the agent(culprit)
an abuse of confidence implies deceit.
8. Lack of consent on the part of the girl to the sexual intercourse is not an element of the
offense.
9. It is sufficient that the offender is a teacher in the same school
Santos v P: faculty member has moral influence over the student
P v Cariano: A teacher in a public school in charge of the education and instruction
of a girl convicted of qualified seduction
10. Qualified seduction by the master
- A master having sexual intercourse with a female servant, virgin over 12 under 18
11. Qualified seduction by head of the family
P v. Lauchengco: There is qualified seduction when he took advantage of his
authority and abused the confidence and trust reposed in him as head of family and
master of the house by having sexual intercourse with the cousin of his wife, a virgin
over 12 under 18.
12. Qualified seduction by a brother-in law.
P v Alvarez: the moral ascendance of a brother in law were used for immoral
purpose
13. Qualified seduction by a priest
Elements 337
Punished acts & respective elements:
1. Seduction of a virgin 12<x<18 yrs of age by certain persons,
such as a person in authority, priest, or teacher
a. Offended party is a virgin, which is presumed if shes
unmarried and of good reputation
b. Shes over 12 and under 18 years of age
c. Offender has sexual intercourse with her
d. Theres abuse of authority, confidence or relationship
on the part of the offender
2. Seduction of a sister by her brother, or descendant by her
ascendant, regardless of her age or reputation
a. Offended party need not be a virgin or she may be
over 18 years of age
b. Offender has sexual intercourse with her
c. Offender is her brother or ascendant by consanguinity,
whether legitimate or illegitimate

The offenders in qualified seduction
a. Those who abused their authority
i. Person in public authority
ii. Guardian
iii. Teacher
iv. Person who is entrusted with the education or
custody of the woman seduced
b. Those who abused confidence reposed in them;
i. Priest
ii. house servant
iii. domestic
c. those who abuse their relationship
i. brother who seduced her sister
ii. ascendant who seduced his descendant
US v Arlante: the character of the person committing the
offense on accounts of the excess of power or abuse of
confidence of which the offender availed himself


US v Santos: A priest is guilty of qualified seduction when he had sexual intercourse
with a girl went to church to confess
14. Qualified seduction by house servant
- If with the daughter of the master
15. The accused charged with rape cannot be convicted of qualifies seduction under the same
information
16. Domestic: is a person usually living under the same roof, pertaining to the same house
US v Santiago: domestic includes all those persons residing with the family and who
are members of the same household regardless if their residence may only be temporary
or paying for their board and lodging
Dec.Supv.Spain, cited in the Santiago case: a man merely stopping at an inn and
seduced the landlords daughter is NOT domestic
Such man is not tendered or expected to receive those sentimental and confidential
manifestations of intimacy exchanged b/n members of the same household
338
1. Virginity of accused not required
2. There must be sexual intercourse
3. Deceit consisting of PROMISE OF MARRIAGE to a minor
P v Iman: deceit takes the form of unfulfilled promise of marriage and this promise
need not immediately precede the carnal act
US v Sarmiento: promise of marriage must be the inducement and the woman must
yield because of the promise
US v Hernandez:when failing to seduce a girl, the accused procured the
performance of a fictitious marriage ceremony and thereafter had sexual intercourse
w/ her: DECEIT
4. A man willing and ready to marry the girl seduced by him be held liable for simple seduction
5. There is no seduction if the deceit consists of unfulfilled promise of material things. The
woman has loose moral, a high class prostitute
Promise of marriage after sexual intercourse does not constitute deceit
339
1. male cannot be the offended party
2. Committed by the same persons and under the same circumstances as those provided in Art
337 & 338
3. Offended woman may have consented the acts of lasciviousness but it was obtained by
abuse authority or relationship by means of deceit
4. As distinguished from acts of lasciviousness (Art 336)
a) Both treats acts of lasciviousness
b) In Art 336, the acts committed had there been carnal knowledge would amount to
rape
c) In Art 339, if there had been carnal knowledge would either be qualified or simple
seduction(there may be consent but there is either abuse of authority, confidence, or
Notes
Sandoval 2010
1) in art 337, the SI was done with the consent of the woman,
otherwise the crime is RAPE
2) the virginity referred to here, is not to be understood in so material
a sense as to exclude the idea of abduction of a virtuous woman
of good reputation
3) In 339: acts of the offender were limited to acts of lewdness or
lasciviousness and no carnal knowledge.
4) Acts of Lasciviousness (336) v. Acts of Lasciviousness (339)
In 339, the act is committed w/ the consent of the offended
party, and the offended party is over 12 and below 18.
Only a woman can be offended in 339 unlike in 336 where
even a male person can be a victim

Nolledo 2010:
1. virginity may be presumed if the woman is
unmarried and of good reputation
2. there is no need for deceit in qualified seduction
unlike in simple seduction
3. A domestic is one who lives in the same household
w/ the offended woman. If the offended party
merely slept for a day or two in the house, he is not
a domestic but a mere transient.
4. In Art 338, virginity is not required
Deceit takes the form of a promise to marry
No deceit if the promise is made after SI; if
made by a married man & the woman
knowing him to be married; promise if
material thing even if unfulfilled- makes the
woman a prostitute
5. In Art 339; the erring parties of 337 and 338,
instead of having carnal knowledge w/ the
offended parties should indulge in lascivious acts.
Boado 2008:
1) Rape and Qualified Seduction
a. In rape, the age can be less than 12 yrs which is statutory,
hence always raep; if 12 but less than 18, there should be
force or intimidation. Virginity is not material.
b. In qualified seduction, the girl must be more than 12 y2 but
less than 18 and the crime is by means of cajolery. Virginity
is an element.
***there must be age limitation in seduction for consent is
an element and intimacy between consenting adults in
not a punishable crime unless it constitutes adultery or
concubinage.
2) Distinctions Between Simple and qualified Seduction
a. SS= the woman is single or a widow of good reputation
QS= she is a virgin (morally)
b. SS=offender may be any person
QS= offender is public authority, priest, house servant,
domestic, guardian, teacher or any person entrusted w/ the
education or custody of the woman seduced
c. SS= the victim cannot be over 18
QS= when the offender is the brother or an ascendant, the
victim may be over 18

relationships, or deceit.


Estrada (2008)
337. Qualified Seduction
1. QS can be committed even if there was no deceit or even if the Si was voluntary on
the part of the virgin
2. Lack of consent is not an element of the offense
3. Virginity does not refer to physical virginity. Virgin refers to a woman of chaste
character
4. A domestic is different from a house servant. It includes any person living in the same
house as member of the same household. It includes boarders but does not include
transients or visitors
5. Seduction of a s sister or descendant is incest. Virginity of the sister or descendant is
not required and she may over 18 yrs of age

338. Simple Seduction
6. Unlike in qualified seduction, virginity is not required in this crime
7. This crime is usually committed w/ deceit w/c takes the form of breach of promise to
marry.

339. Acts of lasciviousness with the Consent of the Offended Party.
1) For this crime to be committed, it is necessary that the acts lf lasciviousness is committed under
the circumstances that would make it qualified or simple seduction had there been sexual
intercourse and not lascivious acts only..
2) There must be abuse of authority or deceit
3) What if the girl is exactly 12 years old= the law is silent on this. The law provides that the victim is
over 12 but under 18 yrs of age


















340
CORRUPTION OF MINORS
Any person who shall promote or facilitate the prostitution or corruption of persons underage to
satisfy the lust of another, shall be punished by prision mayor, and if the culprit is a pubic officer
or employee, including those in government-owned or controlled corporations, he shall also
suffer the penalty of temporary absolute disqualification. (As amended by Batas PambansaBlg.
92).

Notes

1. this article was amended to provide more severe penalties in view of widespread prostitution
of minors in some parts of the country (Nolledo, 2008)
2. habituality or abuse of authority or confidence, not necessary
3. A single act of promoting or facilitating the corruption or prostitution of minors is sufficient to
constitute a violation of this article (Sandoval, 2010)
4. Single act w/o abuse of authority or confidence is now a crime
5. This is usually an act of a pimp who offers to pleasure seekers, women for the satisfaction of
their lustful desires (Sandoval, 2010)
6. promote or facilitate prostitution or corruption of persons under age to satisfy the lust of
another, not his.
7. Victim must be below 18 years old
8. Committed only if a minor is used to satisfy the lust of another and not the corruptors own
lust (Boado, 2008)

Elements
1) offender promotes or facilitates the prostitution or corruption of
persons under age
2) purpose is to satisfy the lust of another
Penalty
Generally= PM
Public officer = PM and TAD
Victim is under 12= I degree higher

341.
White Slave Trade
The penalty of prision mayor in its medium and maximum period shall be imposed
upon any person who, in any manner, or under any pretext, shall engage in the
business or shall profit by prostitution or shall enlist the services of any other for the
purpose of prostitution (As amended by Batas PambansaBlg. 186.)

Notes

Reyes(2008)
1. Any of the punishes acts is sufficient to constitute the offense
2. Habituality is not necessary
3. Offender need not be the owner of the house
4. Maintainer or manager of house of ill-refute need not be present at the time of the raid or
arrest
5. Even if under any pretext, still guilty of the offense

Sandoval (2010)
1. Committed by any person in any manner under any pretext, engages in the business or
profit from prostitution or enlists the services of women for the purpose of prostitution

Nolledo (2008)
1. This article is a companion provision of art 340 with the difference that the prostitution in art
341 is in general w/o particularizing the minors
2. Prostitution indignifies human personality, promote immoralities, and weaken the moral fiber
of the nations which allows the crime to proliferate
Elements Punished acts:
1) Engaging in the business of prostitution
2) Profiting by prostitution
3) Enlisting the services of women for thepurpose of prostitution
Penalty PM in med & max
Victim is under 12: 1 degree higher



Chapter Four
ABDUCTION

342.
Forcible Abduction

343.
Consented Abduction

Article The abduction of any woman against her will and with lewd designs shall be punished by reclusion
temporal.
The same penalty shall be imposed in every case, if the female abducted be under twelve years of age
The abduction of a virgin over twelve years and under eighteen years of age,
carried out with her consent and with lewd designs, shall be punished by the
penalty of prision correccional in its minimum and medium periods.
Elements
1. person is any woman, regardless of her age, civil status or reputation
2. abduction is against her will
3. abduction is with lewd designs

1) offended party must be a virgin
2) must be under 18 but over 12 years old
3) taking away of the offended party of the offended party must
be with her consent, after solicitation or cajolery from the
offender
4) taking away of the offended party must be with lewd designs
Penalty
Notes


Crimes against chastity where age and reputation of victim are immaterial:
a. rape
b. acts of lasciviousness against the will or without theconsent of the offended
party
c. qualified seduction of sister or descendant
d. forcible abduction

Reyes (2008)
1. The woman abducted maybe married
2. The taking away of the woman must be against her will
3. taking away of the woman must be accomplished by means of deceit first and then
by means of violence and intimidation
4. if female is under 12 years old, forcible abduction even if she voluntarily goes with her
abductor
5. sexual intercourse is not necessary in forcible abduction
6. lewd designs may be shown by the conduct of the accused
7. when there are several defendants, it is enough that one of them had lewd designs
8. when there is deprivation of liberty and no lewd designs, it is kidnapping and serious
illegal detention
9. confinement of other crimes during confinement of victim is immaterial to charge of
kidnapping with serious illegal detention
10. conviction of acts of lasciviousness, not a bar to conviction of forcible abduction
- Acts of lasciviousness are overt acts manifesting lewd designs
- No lewd design = serious illegal detention
- For FORCIBLE ABDUCTION WITH RAPE, 4
TH
ELEMENT = abducted woman is raped
under any of the circumstances in 335 (offender had carnal knowledge of a
woman & such is accomplished by using force or intimidation)
- Use of deadly weapon, being a qualifying circumstance, must be alleged in the

Reyes (2008)
1. Virginity must not be understood in so material a sense to exclude the
idea of abduction of a virtous woman of good reputation
2. If virgin is under 12 years of age, it is forcible abduction even if the girl
agrees to elope
3. the taking of the girl need not be with some character of permanence
4. offended party need not be taken from her house
5. consent of the minor to being taken away be due to honeyed promises
of marriage by offender
6. when there was no solicitation or cajolery and no deceit and the girl
voluntarily went w/ the man, there is no crime committed even if they
had sexual intercourse
7. P v Palisoc: the accused must be an active physical agency
instrumental in causing the female to leave or abandon the house
8. The taking away must be with lewd designs
9. Actual sexual intercourse is not necessary
10. purpose of the law in punishing the crime of consented abduction
11. US v Reyes: to prescribe punishment for the disgrace to her family and
the alarm caused therein by the disappearance of the one who is by
her age and sex is susceptible to cajolery and deceit

Sandoval 2010
1. it is not necessary that the young victim be taken personally from her
parents home
2. It is sufficient that the accused was instrumental in her leaving the house
through;
a. Solicitation
b. Cajolery or deceit
information
- Only when the rape is consummated can the complex crime of forcible
abduction with rape be committed.
- ONLY ONE of several rapes is complexed with forcible abduction. OTHER RAPES
ARE CHARGEDSEPARATELY as one count each

Sandoval 2010
1. If the accused carried or took away the victim by mens of force or lewd designs and
raped her = FORCIBLE ABDUCTION W/ RAPE
P v Bacalso: If there are subsequent sexual intercourse against the will of the
complainant would be treated as separate crimes of rape
P v Mejorada: if the abduction is for the purpose of sexually assaulting her, rape
may absorb forcible abduction and the CRIME is simple RAPE only.

Nolledo 2010:
1. Force is not necessary in the taking of a female under 12 yrs of age
2. Lewd design may be shown by the way accused conducted himself in the abduction
to make this article operate
P v Crisostomo: A man who abducts a woman to marry her, there is no lewd
design, crime is only ILLEGAL DETENTION
P V Almanzor:if the real objective is to have carnal knowledge with the
complainant, forcible abduction may be absorbed, hence, crime committed is
simple RAPE

Boado 2008:
1. When is the crime of forcible abduction complexed with rape?
P v Magat: when there is carnal knowledge with the abducted woman under the
following circumstances;
a. By using force or intimidation
b. When the woman is deprived of reason or unconscious
c. Woman is under 12 or demented
P v Espiritu: when the accused raped the complainant
Forcible abduction with rape is complex crime if the taking of the woman
amounts to forcible abduction and then raped
P v Garcia reiterating P v Jose: In multiple rape, only one rape shall be
complexed with forcible abduction. Other rapes are to be charged separately as
one count each


Estrada (2008)
1. Sexual intercourse is not necessary
2. A woman is carried against her will of brought from one place to another is with lewd
design
3. If the woman was only brought to a certain place in order to break her will, and
make her agree to marry the offender, the crime is GRAVE COERCION. The criminal
intent was not to restrain the woman of her liberty
c. Honeyed promises of marriage



Nolledo 2010:
3. Virginity can be gleaned from the mere allegation that the offended
party is a minor under patria potesta, hence single
4. Consented abduction (Art 342) and qualified seduction (Art 337)
a. Similar elements
i. Offended party is a virgin
ii. She must be over 12 but under 18
b. Differences
i. In consented abduction, it is required that taking away
of the offended party must be with her consent, after
solicitation or cajolery from the offender and must be
with lewd designs
ii. In qualified abduction, the crime must be committed
by abuse of authority, confidence or relationship on
the part of the offender and there must be sexual
intercourse with her

Boado 2008:
1. Consented abduction compared with seduction
- In consented abduction, the gravamen is the alarm and
disturbance to the parents and family of the victim and the
infringement of their rights; In seduction, the gravemen is the wrong
done to the woman
- Seduction may be committed w/o the talking of the woman unlike
in consented abduction


Estrada (2008)
Bar Question: Kim who is barely 16 yrs ole went home late evening. Her
mother scolded her. Kim went out of their house and went to the house of her
boyfriend Tristan. The mother of Tristan tried her best to send her home but the
latter refused to do so. That night, Kim slept in the rooms of Tristan and they had
sexual intercourse. Her mother filed a case of consented abduction against
Tristan. Will the charge prosper?
Answer: The charge will not prosper. Kim was not taken away after
solicitation or cajolery. Kim was the one who went to the house of Tristan.


Chapter Five
PROVISIONS RELATIVE TO THE PRECEDING CHAPTERS OF TITLE ELEVEN
Art. 344.
Prosecution of the crimes of adultery,
concubinage,
seduction, abduction, rape and acts of
lasciviousness.
The crimes of adultery and concubinage shall not be prosecuted
except upon a complaint filed by the offended spouse.
The offended party cannot institute criminal prosecution without
including both the guilty parties, if they are both alive, nor, in any
case, if he shall have consented or pardoned the offenders.
The offenses of seduction, abduction, rape or acts of lasciviousness,
shall not be prosecuted except upon a complaint filed by the
offended party or her parents, grandparents, or guardian, nor, in any
case, if the offender has been expressly pardoned by the above
named persons, as the case may be.
In cases of seduction, abduction, acts of lasciviousness and rape, the
marriage of the offender with the offended party shall extinguish the
criminal action or remit the penalty already imposed upon him. The
provisions of this paragraph shall also be applicable to the co-
principals, accomplices and accessories after the fact of the above-
mentioned crimes.
Notes

Reyes (2008)
1. Crimes against chastity cannot be prosecuted de oficio
Samilin v. CFI: out of consideration for the woman and her family who might prefer to suffer the outrage in
silence rather than go through the scandal of a public trial
2. Rape may be prosecuted de oficio
3. Prosecution of adultery and concubinage
Sec 5 Rule 110 Rules of Court; Art 344 RPC
o Adultery and concubinage shall not be prosecuted but upon the complaint filed by the offended spouse
o The offended party cannot institute criminal prosecution w/o including both the guilty spouses (if they are
both alive) nor in any case, if he shall have consented and pardoned the offenders
4. The imputation of a crime of Prostitution may be prosecuted de oficio
P v Judge Orcullo: to call a woman a prostitution is to charge her of having committed an offense against
public morals, or moral degeneracy far exceeding thzt involved in the maintenance of adulterous
relationship
5. In concubinage, only the offended spouse can file the complaint
Quilatan and Santiago v. Caruncho: the dismissal of the complaimnt after preliminary investigation is the
termination of the case. It can be reopened only upon a new complaint of the offended party.
6. Both the guilty parties (if alive) must be included in the complaint for adultery and concubinage
7. Both parties must be included in the complaint even if one of them is not guilty
8. Prosecution of seduction, abduction, rape, or acts of lasciviousness shall not be prosecuted if the offender has been
expressly pardoned
Sec 5 Rule 110, Rules of Court; Art 344 RPC:
o Offended party even if minor has the right to institute the offense independently unless she is incompetent or
incapable of doing so upon the grounds other than her minority
o If the minor fails to file the complaint, her parents, grandparents, or guardian may do so
US v Bautista: if insane or physically disable, then the father can sign the complaint, mother, or grandparents
9. Prosecution of rape may be made upon the complaint by any person
10. When the offended party is of age and is in complete possession of her physical and mental faculties, she alone can
file the complaint
11. Father is not preferred to the mother in the filing of the complaint for SEDUCTION
12. The guardian is one legally appointed by the Court
13. The complaint which must be signed by the offended party must be filed in court , not with the fiscal
14. Rape complexed with public crime need not be signed by the offended woman
P v Yu: public crime prevails because public interest is always paramount to private interest.
15. When the evidence fails to prove a complex crime of rape with other crime, and there is no complaint signed by the
offended woman, the accused cannot be convicted of rape
16. Silence or acquiescence of the accused does not cure fatal defect in an information not signed by the offended
party
Elements 1. adultery and concubinage must be prosecuted
upon a complaint filed by the offended spouse
2. offended party cannot institute criminal
prosecution without including both the guilty
parties if they are both alive, or incase, offended
party consented or pardoned the offenders
3. seduction, rape, abduction, acts of lasciviousness
shall not be prosecuted except upon a
complaint filed by the offended party or her
parents, grandparents, or guardian, or if offender
has been pardoned expressly by enumerated
persons
4. marriage will extinguish criminal action
Penalty

17. Pardon in crimes against Chastity
- Pardon may be expressed or implied.

Nolledo 2010:
1. Only the offended spouse even if a minor may file the complaint for adultery or concubinage
2. Even if one not guilty , both should still be included in the complaint.
3. An inexcusable delay in the filing of the complaint may amount to pardon
4. If offended is MINOR in the crimes SEDUCTION, ABDUCTION, RAPE, OR ACTS OF LASCIVIOUSNESS- pardon must be with
the consent of the parents or guardian
5. Sec 5 Rule 110 Rules of Court
Section 5.Who must prosecute criminal actions. All criminal actions commenced by a complaint or
information shall be prosecuted under the direction and control of the prosecutor. However, in Municipal Trial
Courts or Municipal Circuit Trial Courts when the prosecutor assigned thereto or to the case is not available,
the offended party, any peace officer, or public officer charged with the enforcement of the law violated
may prosecute the case. This authority cease upon actual intervention of the prosecutor or upon elevation of
the case to the Regional Trial Court.
(This Section was repealed by A.M. No. 02-2-07-SC effective May 1, 2002)

The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the
offended spouse. The offended party cannot institute criminal prosecution without including the guilty
parties, if both alive, nor, in any case, if the offended party has consented to the offense or pardoned the
offenders.
The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted except upon a
complaint filed by the offended party or her parents, grandparents or guardian, nor, in any case, if the
offender has been expressly pardoned by any of them. If the offended party dies or becomes incapacitated
before she can file the complaint, and she has no known parents, grandparents or guardian, the State shall
initiate the criminal action in her behalf.
The offended party, even if a minor, has the right to initiate the prosecution of the offenses of seduction,
abduction and acts of lasciviousness independently of her parents, grandparents, or guardian, unless she is
incompetent or incapable of doing so. Where the offended party, who is a minor, fails to file the complaint,
her parents, grandparents, or guardian may file the same. The right to file the action granted to parents,
grandparents or guardian shall be exclusive of all other persons and shall be exercised successively in the
order herein provided, except as stated in the preceding paragraph.
No criminal action for defamation which consists in the imputation of the offenses mentioned above shall be
brought except at the instance of and upon complaint filed by the offended party. (5a)


Estrada (2008)
1. To be effective pardon must be given before the prosecution of the crime
2. In private crimes (including seduction, abduction, acts of lasciviousness, criminal action is barred;
a. If pardon is made before the institution of the criminal action
b. In adultery and concubinage when pardon is given to both offenders which may be expressed or implied
c. Pardon by the offended party who is a minor must have the concurrence of parents except when the
offended party has no parents
d. Marriage between the offender and offended party extinguishes criminal liability
e. Marriage of the offender and the offended party in seduction, abduction, and acts of lasciviousness
extinguishes criminal action or remits the penalty already imposed and shall benefit the co-principals,
accomplishes and accessories
Art. 345
Civil liability of persons guilty of crimes against chastity.
Person guilty of rape, seduction or abduction, shall also be sentenced:
1. To indemnify the offended woman.
2. To acknowledge the offspring, unless the law should prevent him from so doing.
3. In every case to support the offspring.
The adulterer and the concubine in the case provided for in Articles 333 and 334 may also be sentenced, in the same
proceeding or in a separate civil proceeding, to indemnify for damages caused to the offended spouse.

Notes
Reyes (2008)
1. no civil liability for acts of lasciviousness
2. indemnity is only possible in adultery and concubinage
3. moral damages may be recovered both by the offended party and by
her parents
4. Civil liability of the offenders in multiple rape
P v Velo: All the accused must support the offspring
5. Prohibition against acknowledgment of offspring when offender is
married is nit applicable under the family code
6. Recognition of offspring in multiple rape
P v. de leom, et al: not required to recognize the offspring
of the offended woman, ikt being impossible to determine
the paternity
7. Civil Liability in rape of married women
P v Sanico: indemnity
US v Yambao: defendant cannot be sentenced to
support the offspring


Elements Civil Liability of persons guilty of rape, seduction or abduction
1) indemnify the woman
2) acknowledge the offspring, unless the law should prevent him from so doing
3) in every case to support the offspring

1. Persons guilty of RAPE, SEDUCTION, OR ABDUCTION sentenced to
a. INDEMNIFY offended woman
b. ACKNOWLEDGE OFFSPRING, unless the law should prevent him from doing so
c. SUPPORT THE OFFSPRING, in any case
2. ADULTERER & CONCUBINE may also be sentenced, IN THE SAME PROCEEDING OR A SEPARATE
CIVILPROCEEDING, to INDEMNIFY FOR DAMAGES CAUSED
to the offended spouse
Penalty N/A

Art. 346
Liability of ascendants, guardians, teachers, or other persons
entrusted with the custody of the offended party.
The ascendants, guardians, curators, teachers and any person who, by abuse of authority or
confidential relationships, shall cooperate as accomplices in the perpetration of the crimes
embraced in chapters, second, third and fourth, of this title, shall be punished as principals.
Teachers or other persons in any other capacity entrusted with the education and
guidance of youth, shall also suffer the penalty of temporary special disqualification in its
maximum period to perpetual special disqualification.
Any person falling within the terms of this article, and any other person guilty of corruption
of minors for the benefit of another, shall be punished by special disqualification from filling the
office of guardian.
Notes

Reyes (2008)
1. Persons who cooperate as accomplices but are punished as principals in rape, seduction, abduction:
a. ascendants
b. descendants
c. curators
d. teachers
e. any other persons who cooperates as accomplice with abuse of authority or confidential relationship
2. Crimes embraced:
a) rape
b) acts of lasciviousness
c) qualified seduction
d) simple seduction
e) acts of lasciviousness with consent of offended party
f) corruption of minors
g) white slave trade
h) forcible abduction
i) consented abduction

Nolledo 2010:
1. this article punishes certain persons charged with the responsibility of truly caring for persons in their
custody.
2. They are guilty merely as accomplices but are punished as principals


Elements
a. The ascendants, guardians, curators, teachers & any person who, by abuse
of authority or confidential relationships, shall cooperate as accomplices in
the perpetration of the crimes embraced in chapters two, three and four of
this title (from acts of lasciviousness to consented abduction), shall be
punished as principals
b. Teachers or other persons in any other capacity entrusted with the
education and guidance of youth, shall also suffer penalty of temporary
special disqualification in its max period to perpetual special disqualification
c. Any person falling within the terms of this article, and any other person guilty
of corruption of minors for the benefit of another, shall be punished by
special disqualification from filling the office of guardian


Title Twelve
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
Chapter one
SIMULATION OF BIRTHS AND USURPATION OF CIVIL STATUS
Art. 347
Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child.
Art. 348
Usurpation of civil status.
Article
The simulation of births and the substitution of one child for another shall be punished by prision mayor and a fine of not exceeding 1,000 pesos.
The same penalties shall be imposed upon any person who shall conceal or abandon any legitimate child with intent to cause such child to lose its civil
status.
Any physician or surgeon or public officer who, in violation of the duties of his profession or office, shall cooperate in the execution of any of the crimes
mentioned in the two next preceding paragraphs, shall suffer the penalties therein prescribed and also the penalty of temporary special disqualification.

The penalty of prision mayor shall be imposed
upon any person who shall usurp the civil
status of another, should he do so for the
purpose of defrauding the offended part or
his heirs; otherwise, the penalty of prision
correccional in its medium and maximum
periods shall be imposed.
Acts
Punished
Acts punished:
1) simulation of births
2) substitution of one child for another
3) concealing or abandoning any legitimate child with intent to cause such child to lose its civil status
a. Child must be legitimate
b. Offender conceals or abandon such child
c. Offender has the intent to cause such child to lose its civil status

Penalty PC in med & mac
PM purpose is defrauding the offended
party or his heir
Notes

Reyes (2008)
1. object is creation of false, or causing of the loss of civil status
2. fact that the child will be benefited by the simulation of its birth is not a defense
3. Simulation of birth MUST BE MADE IN THE RECORD OF BIRTH; simulation in any other document is falsification
4. WOMAN WHO SIMULATES birth & the ONE WHO FURNISHES THE CHILD are both liable as principals
5. Substituting one child for another
6. Us v Capillo: child must be legitimate and a fully developed, and living being , as the child born not capable of living has no status, nor can he
transmit any rights whatsoever
7. The unlawful sale of a child by its father, is NOT a crime under this article there is no abandonment
8. Concealing a legitimate child must be for the purpose of causing it to lose its civil status
9. Object of the crime under 347 is the creation of false, orthe causing of the loss of, civil status
Nolledo 2010:
1. The purpose of the above article is to prevent the alteration of ones civil status and to protect the legitimate heir
2. The 2
nd
paragraph should be distinguished from abandonment of minor
3. Take note of the word to cause such child to lose its civil status
Boado 2008:
1. Simulation must be made in the record of birth; if in another document, the crime is FALSICATION.
2. If The record of birth reflects the true parents but simulation is in other documents, this article is not violated
3. Per RA 7610;
a. Child trafficking is the crime committed if the parents should AGREE TO THE ADOPTION of the child FOR A CONSIDERATION; or the PHYSICIAN
who MAKES IT APPEAR IN THE RECORD OF BIRTH that the supposed parents are the natural parents
Estrada (2008)
1. The woman who simulates birth and the one who furnishes the child are both liable as principals for the crime
2. The woman who simulates birth by executing an affidavit of late registration is ALSO liable for perjury

Reyes (2008)
1. committed by assuming the filiation, or
the parental or conjugal rights of another
2. usurpation of profession
3. there must be intent to enjoy the rights
arising from the civil status of another
4. purpose of defrauding the offended
party or his heirs qualifies the crime

Estrada (2008)
1. the crime can be committed when
the civil status of another or the
parental or conjugal rights of
another are assumed by another to
enjoy the rights arising therefrom
Chapter Two
ILLEGAL MARRIAGES

Art. 349
Bigamy.

Art. 350.
Marriage contracted
against provisions of laws.
351.
PREMATURE MARRIAGE
352. performance of illegal
marriage
ceremony
Article The penalty of prision mayor shall be imposed upon any person who shall
contract a second or subsequent marriage before the former marriage
has been legally dissolved, or before the absent spouse has been
declared presumptively dead by means of a judgment rendered in the
proper proceedings.

The penalty of prision
correccional in its medium and
maximum periods shall be imposed
upon any person who, without
being included in the provisions of
the next proceeding article, shall
have not been complied with or
that the marriage is in disregard of
a legal impediment.
If either of the contracting parties
shall obtain the consent of the
other by means of violence,
intimidation or fraud, he shall be
punished by the maximum period
of the penalty provided in the next
preceding paragraph.
- Any widow who shall marry within
three hundred and one day from the
date of the death of her husband, or
before having delivered if she shall
have been pregnant at the time of his
death, shall be punished by arresto
mayor and a fine not exceeding 500
pesos.
The same penalties shall be imposed
upon any woman whose marriage shall
have been annulled or dissolved, if she
shall marry before her delivery or before
the expiration of the period of three
hundred and one day after the legal
separation.

- Priests or ministers of any religious
denomination or sect, or civil authorities
who shall perform or authorize any illegal
marriage ceremony shall be punished in
accordance with the provisions of the
Marriage Law.
Elements 1) offender has legally been married
2) marriage has not been legally dissolved, or in case his or her spouse
is absent, absent spouse could not yet be presumed dead
according to the civil code
3) contracts a second or subsequent marriage
4) second or subsequent marriage has all the essential requirements for
validity
a. offender contracted
marriage
b. knew at the time that:
i. legal reqts werent
complied with
ii. marriage was in disregard
of a legal Impediment
Reyes (2008)
1. REASON FOR 351: prevent
confusion as to childs paternity. If
the woman isnt pregnant when
she married or if her pregnancy is
then manifest, theres no confusion
as to the childs paternity.
2. Absent the reason for the law, the
law doesnt apply. If the woman is
barren, the same principle holds
true

Boado (2008)
1. If the woman is barren, the same
principle holds true
Reyes (2008)
1. offender must be authorized to
solemnize
2. punished under marriage law
3. clergyman who performed a
marriage ceremony, not
knowing that one of the
contracting parties is a minor, is
not liable

Boado (2008)
1. if a present or minister has
lapsed authority or is merely
pretending to be one, officiated
of a marriage, he may be
prosecuted for illegal marriage
2. Persons who pretend to be priest
will be liable not for illegal
marriage but for usurpation of
official function.
3. If there is connivance, the person
officiating the marriage is a co-
principal by indispensable
cooperation.
Notes

Notes

Reyes (2008)
1) first marriage must be valid
2) nullity of marriage, not a defense in bigamy; there must be
judicial declaration
3) void marriages
4) one who contracted a subsequent marriage before expiration
of seven years is guilty of bigamy
5) validity of second marriage is a prejudicial question to liability for
bigamy
6) judgment of annulment precludes verdict of guilt in charge of
bigamy
7) second spouse not necessarily guilty of bigamy
8) bigamy is not a private crime

Nolledo 2010:
Requisites of a valid marriage:
1. Legal capacity
2. Consent freely given
3. Authority of solemnizing officer
4. Valid marriage license except
in marriages of Exceptional
character

1. Good faith is a defense in bigamy
2. A person convicted of bigamy may still be prosecuted for
bigamy if he cohabits with the woman he married for which he
was accused and tried for bigamy..
v. No double jeopardy-
1. Bigamy is an offense against civil status which may
be prosecuted at the instance of the state
2. Concubinage is a crime against Chastity and may
be prosecuted only at the instance of the offended
party

Boado 2008:
1. The lack of judicial declaration of nullity of a void marriage a
cause of conviction of bigamy
2. Bigamy distinguished from Illegal Marriage
In Bigamy
a. Subsequent marriage must be perfectly valid except
that it is bigamous
b. It refers only to the contracting of a second marriage
before the former marriage has been legally dissolved
or before the absent spouse has been declared
presumptively death
In Illegal Marriage
a. Subsequent marriage is annullable or void even if there is no
first marriage
b. It covers all marriages which are otherwise voidable or void
for causes other than bigamous marriage

Estrada (2008)
1. the crime of bigamy does not fall w/n the category of private
crimes
2. Offense is not only committed against the 1
st
or 2
nd
wife but also
against the state
3. It is a public crime
4. Bigamy can be committed through negligence
a. Th failure to ascertain the whereabouts of the 1
st
wife
b. 2
nd
marriage must have all the essential requisites for validity if it
note for the existence of the 1
st
marriage
5. One convicted of bigamy may also be prosecuted for
concubinage both are distinct offenses





Title Thirteen
CRIMES AGAINST HONOR
Chapter One
LIBEL
Section One. - Definitions, forms, and punishment of this crime.


353 LIBEL
A libel is public and malicious imputation of a 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:
a. There must be an IMPUTATION of a crime, or of a vice or defect, real or imaginary,
or any act, omission, condition, status, or circumstance
b. Imputation must be MADE PUBLICLY
c. Must be MALICIOUS
d. Imputation must TEND TO CAUSE the DISHONOR,DISCREDIT OR CONTEMPT OF the
PERSON DEFAMED

imputation may cover:
1. crime allegedly committed by the offended party
2. vice or defect, real or imaginary of the offended party
3. any act, omission, condition, status of, or circumstance relating to the offended party
Reyes (2008)
1. A charge is sufficient if the words are calculated to induce the hearers to suppose and understand that the
person against whom they were uttered was guilty of certain offenses, or are sufficient to impeach his
honesty, virtue or reputation, or to hold him up to public ridicule
2. The alleged defamatory statement should be construed not only as to the expression used but also with
respect to the whole scope and apparent object of the writer or speaker
3. Alleged article must be construed as a whole
4. Praise undeserved is slander in disguise
5. Imputation of a crime may be implied from the acts and statements of the accused
6. An expression of opinion by one affected by the act of another and based on actual fact is not libelous
7. Publication is the communication of the defamatory matter to some third person or persons
8. No crime if defamatory imputation is not published
9. There must be malice:
Malice in fact may be shown by proof of ill-will, hatred or purpose to injure
Malice in law presumed from a defamatory imputation
10. identification of the offended party is required in the 4th element
11. a third person must identify him as the object of the libellous publication
12. defamatory remarks directed at a group of persons is not Innuendo a clause in the indictment or other
pleading containing an averment which is explanatory of some preceding word or statement. It is the office
of an innuendo to define the defamatory meaning which the plaintiff set on the words, to show how they
came to have that meaning, and also to show how they relate to the plaintiff
13. Purpose must be to injure the reputation of the offended party
14. Imputation is sufficient if it tends to cause:
a. dishonor
b. discredit
c. contempt of a natural person
d. to blacken the memory of one who is dead

Nolledo (2010)
In defamatory imputation: malice is presumed and the test is the character of
the words used.
The meaning of the writer or author is immaterial
Boado (2008)
1. Publication means the making of the defamatory matter , after it has been written, known to someone other
than the person to whom it has been written.
2. If the statement is sent straight to the person for whom it is written, there is no publication
Reason: communication of the defamatory matter to the person defamed cannot injure his reputation
though it may wound his self-esteem.
3. A mans reputation is not the good opinion he has of himself but the estimation in which others hold him
Vasquez v CA: an allegation is considered defamatory if it ascribes to a person the commission of a
crime, the possession of a vice or defect, real or imaginary, or any act, omission, condition, status or
circumstance w/c tends to dishonor or discredit or put him in contempt, or w/c tends to blacken the
memory of one who is dead.



Art. 354.
Requirement for publicity.
Every defamatory imputation is presumed to be malicious, even if it be
true, if no good intention and justifiable motive for making it is shown,
except in the following cases:
1. A private communication made by any person to another in the
performance of any legal, moral or social duty; and
2. A fair and true report, made in good faith, without any comments
or remarks, of any judicial, legislative or other official proceedings
which are not of confidential nature, or of any statement, report or
speech delivered in said proceedings, or of any other act
performed by public officers in the exercise of their functions.
every defamatory imputation is presumed to be malicious, even if it
be true, if no good intention and justifiable motive for making it is
shown,
except in the following cases:
a. A private communication made by any person to
another in the performance of any legal, moral, or
social duty
b. A fair and true report, made in good faith, without
any comments or remarks, of any judicial,
legislative, or other official proceedings which are
not of confidential nature, or of any statement,
report, or speech delivered in said proceedings, or
of any other part performed by public officers in
the exercise of their functions

Requisites of privileged communication:
1. that the person who made the communication had a
legal, moral, or social duty to make the communication, or
at least, he had an interest to be upheld
2. the communication is addressed to an officer or aboard, or
superior, having some interest or duty in the matter
3. the statements in the communication are made in good
faith without malice
Reyes (2008)
1. reason for doctrine of privileged communication is the right of the individual to enjoy immunity from the
publication of untruthful charges derogatory to his character is not absolute and must at times yield to the
superior necessity of subjecting to investigation the conduct of persons charged with wrongdoing
2. defense of privileged communication will be rejected, if it is shown by the prosecution or the plaintiff the
defendant:
a. acted with malice in fact,
b. there is no reasonable ground for believing the charge to be true

Malice in fact: express malice
Malice in law
3. malice in fact may be proved by extrinsic evidence
4. probable cause for belief in the truth of the matter charge is sufficient
5. Criticism deal only with such things as shall invite public attention or call for public comment; does not follow a
public man into his private life nor pry into his domestic concerns
6. If pry into his private life, defamation
7. Person libelled is justified to hit back with another libel

Anti wire-tapping act RA 4200
a. unlawful to tap any wire or cable
b. overhear, intercept, record using technology
c. knowingly possess such devices
d. replay the same for other persons
e. not admissible as evidence - the use of such record
Boado (2008)
1. there is publication if the material is communicated to a 3
rd
person
2. It is not required that the person defamed has read or heard about the libelous remark.
3. What is material is that a 3
rd
person has read or heard the libelous statement
Vasquez v Court of Appeals: to satisfy the element of identifiability, it must be shown that at least a 3
rd

person or a stranger was able to identify him as the object
Magno v P Writing to a person other than the person defamed is suifficient to constitute publication, for
the person to whom the letter is addressed is a 3
rd
person in relation to this writer and the person
defamed.
4. An issuance of an inter-office memorandum does not satisfy the element of publicity in libel- because inter-
office memorandum implies confidentiality and it is not publicized, much less read by other than those involved
in the investigation.

355
LIBEL BY MEANS OF WRITINGS OR SIMILAR MEANS
A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting,
theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional
in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil
action which may be brought by the offended party.

Libel may be committed by means of:
1) Writing 2) Printing
3) Lithography 4) Engraving
5) Radio 6) Photograph
7) Painting 8) Theatrical exhibition
9) Cinematographic exhibition 10) Any similar means
Reyes:
1. defamation made in television program is libel
2. in addition to the civil action which may be brought by the offended party

Boado(2008)
1. utterances made in broadcast media are libel NOT oral defamation
before such case can be filed in court, offended must secure a written
transcript of broadcast for presentation of the defamatory statement.
2. Court can impose fine instead of imprisonment
Torralba v CA: The court is not only a court of law but of justice and
compassion.
356
threatening to publish and offer to prevent such publication for compensation
The penalty of arresto mayor or a fine from 200 to 2,000 pesos, or both, shall be imposed upon any
person who threatens another to publish a libel concerning him or the parents, spouse, child, or other
members of the family of the latter or upon anyone who shall offer to prevent the publication of such
libel for a compensation or money consideration.
Punished acts:
a. THREATENING ANOTHER TO PUBLISH A LIBEL concerning him, or his parents,
spouse, child, or other family members
b. OFFERING TO PREVENT the PUBLICATION OF SUCH libel for compensation
or money consideration
Reyes (2008)
1. Blackmail any unlawful extortion of money by threats of accusation or
exposure; hush money

357.
prohibited publication of acts referred to in the course of official proceedings
The penalty of arresto mayor or a fine of from 20 to 2,000 pesos, or both, shall be imposed upon any
reporter, editor or manager or a newspaper, daily or magazine, who shall publish facts connected with
the private life of another and offensive to the honor, virtue and reputation of said person, even
though said publication be made in connection with or under the pretext that it is necessary in the
narration of any judicial or administrative proceedings wherein such facts have been mentioned.

a. offender is a reported, editor, or manager of a newspaper, daily or
magazine
b. publishes facts connected with the private life of another
c. such facts are offensive to the honor, virtue and reputation said person
Reyes (2008)
GAG Law newspaper reports on cases pertaining to adultery, divorce, issues about
legitimacy of children, will necessarily be barred from publication; violations:
1. facts connected with the private life of an individual
2. facts are offensive to the honor, virtue, and reputation of said person
source of news report may not be revealed
358
SLANDER
Reyes(2008)
1. Source of the statement is known. If the intrigue is in writing:
o FALSIFICATION, if not under oath (false narration of facts)
Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in
its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be arresto menor
or a fine not exceeding 200 pesos.
SLANDER oral defamation
Kinds of oral defamation:
a. SIMPLE slander
b. GRAVE slander, when it is of a serious and insulting nature

Factors that determine gravity of oral defamation:
1. upon expressions used
2. personal relations of the accused and the offended party
3. circumstances surrounding the case
o PERJURY, if under oath
2. CONSIDER GRAVITY on basis of EXPRESSIONSUSED & ATTENDANT CIRCUMSTANCES
3. As your status goes up, the more respect youre entitled to and the bigger the amount of
damages you can claim

Boado (2008)
1. A defamatory remark is serious and slight depends on
a. the sense and grammatical meaning of the utterances
b. special circumstances of the case.
2. The expression pu i mo!.... is not defamatory being an expression or displeasure.
It is an expletive punctuation of ones expression of profanity
3. There is no frustrated or attempted defamation. It is a formal crime.
359
SLANDER BY DEED
The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a
fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not
included and punished in this title, which shall cast dishonor, discredit or contempt upon another
person. If said act is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding
200 pesos.

a. offender performs any act not included in any other crime against honor
b. such act is performed in the presence of other person
c. such act casts dishonour, discredit, or contempt upon the offended party

SLANDER BY DEED crime against honor which is committed by performing any act which casts
dishonour, discredit, or contempt upon another person

Reyes (2008)
1. refers to performance of an act, not use of words
2. slapping the face of another is slander by deed, if the intention of the accused is to cause
shame and humiliation
3. fighting the offended party with intention to insult him is slander by deed
4. common denominator of unjust vexation, slander by deed, and acts of lasciviousness =
irritation or annoyance
5. irritation or annoyance alone = unjust vexation
6. irritation with publicity and contempt = slander by deed
7. irritation with publicity and contempt, with lewd designs, acts of lasciviousness
8. if offended party suffered from shame or humiliation caused by maltreatment, slander by
deed

360
PERSONS RESPONSIBLE:
a. Person who publishes, exhibits, causes the publication or exhibition of any defamation in writing or
similar means
b. Author or editor of a book or pamphlet
c. Editor or business manager of a daily newspaper magazine or serial publication
d. The owner of the printing plant which publishes a libelous article with his consent and all other
persons who in any way participate in or have connection with its publication
Reyes (2008)
1. person who publishes libelous letter written by the offended party is liable
2. liability of editor is the same as that of the author
3. preliminary investigation of criminal actions for written defamation shall be conducted by the
provincial or city fiscal or capital of the province where the actions may be instituted
4. civil and criminal actions must be filed in the same court
5. exclusive jurisdiction of the court
6. offended party must file the complaint for defamation imputing a crime which cannot be
prosecuted de oficio
7. libel imputing a vice or defect, not being an imputation of a crime, is always prosecuted upon
information signed and filed by the fiscal
8. no remedy for damages for slander or libel incase of absolutely privileged communication

Boado (2008)
1. RTC have the original jurisdiction over libel cases, hence the expanded jurisdiction
conferred by R.A. 7691 to inferior courts cannot be applied to libel cases.
2. The venue of libel cases
Agbayani v Sayo
ii. The RTC of the province where the libelous article is printed and 1
st

published
iii. The RTC of the province where he actually resided at the time of the
commission of the offense
iv. If offended part is public officer in Manila at the time of the commission
of the offense; may be filed in the RTC of Manila
v. If offended party is a public officer holding office outside of Manila, may
be filed in the RTC of the province where he held office at the time of the
commission of the offense.
361
PROOF OF THE TRUTH
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 true, and, moreover, that it was published
with good motives and for justifiable ends, the defendants shall be acquitted.
Proof of the truth of an imputation of an act or 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.
In such cases if the defendant proves the truth of the imputation made by him, he shall be acquitted.
Proof of the truth is admissible in any of the ff.:
c. When the ACT OR OMISSION IMPUTEDCONSTITUTES A CRIME regardless of whether the offended
party is a private individual or a public officer
d. When the offended party is a govt employee, even if the act or omission doesnt constitute a
crime, provided, its related to the discharge of his official duties

ONLY THE OFFENDED PARTY CAN FILE
Rules on VENUE
4) PRIVATE individual
i. WHERE HE RESIDES at the time the offense was Committed
ii. PLACE OF FIRST PUBLICATION
5) PUBLIC OFFICIAL
iii. Where he HOLDS OFFICE
- PLACE OF FIRST PUBLICATION
GEN. RULE: Evidence proving the imputation is objectionable because such is inadmissible.
361 provides the exceptions
The question is whether from the fact that the statements were defamatory, malice can be
presumed so that it was incumbent upon petitioner to overcome such presumption
RULE OF ACTUAL MALICE: Even if the defamatory statement is false, no liability can attach if it
relates to official conduct, unless the public official concerned proves that the statement
was made with actual malice that is, with knowledge that it was false or with reckless
disregard of whether it was false or not
When person is a PUBLIC FIGURE, anything that is in connection with why hes in the spotlight
is fair game.
Imputation regarding something purely private is actionable
For PUBLIC OFFICIALS, its not actionable if its in connection with what they do in office
performance of duty or fitness to hold public office












362
libelous remarks
Libelous remarks or comments connected with the matter privileged under the provisions of Article
354, if made with malice, shall not exempt the author thereof nor the editor or managing editor of a
newspaper from criminal liability.
-> If made on remarks or comments, with malice in fact, does not exempt author and editor
-> Distorting facts connected with official proceedings

363
incriminating innocent persons
- Any person who, by any act not constituting perjury, shall directly incriminate or impute to an
innocent person the commission of a crime, shall be punished by arresto menor.
Elements:
a. offender performs an act
b. by such act her directly incriminates or imputes to an innocent person the
commission of a crime
c. such act does not constitute perjury
Limited to PLANTING EVIDENCE
false accusation is defamation or perjury under the Revised Penal Code
compared to perjury; perjury is the imputation itself, falsely made
This act is resorted to by officers to enable them to arrest the subject, in which case the arrest
is unlawful. The crime is unlawful arrest through incriminating innocent persons
Example: Taking ones wallet and putting it into anothers pocket imputing that the latter
committed theft
364.
INTRIGUING AGAINST HONOR
- The penalty of arresto menor or fine not exceeding 200 pesos shall be imposed for any intrigue which
has for its principal purpose to blemish the honor or reputation of a person.
Elements:
a. Offender disseminates any intrigue
b. its principal purpose is to blemish the honor or reputation of a person
committed by any person who shall make any intrigue which has for its principal purpose to
blemish the honor or reputation of another person
consist of trickery
where the source or the author of the derogatory information cannot be determined and the
defendant borrows the same, and without subscribing to the truth and passes it to others
Any intrigue which has for its principal purpose to blemish the honor or reputation of a person.
The author is unknown and the offender utters only what he heard others say
Must prove existence of a scheme
Title Fourteen
QUASI-OFFENSES
Sole Chapter
CRIMINAL NEGLIGENCE
365
IMPRUDENCE AND NEGLIGENCE

Any person who, by reckless imprudence, shall commit any act which, had it been
intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its
maximum period to prision correccional in its medium period; if it would have constituted a
less grave felony, the penalty of arresto mayor in its minimum and medium periods shall be
imposed; if it would have constituted a light felony, the penalty of arresto menor in its
maximum period shall be imposed.
Any person who, by simple imprudence or negligence, shall commit an act which would
otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and
maximum periods; if it would have constituted a less serious felony, the penalty of arresto
mayor in its minimum period shall be imposed.
When the execution of the act covered by this article shall have only resulted in damage to
the property of another, the offender shall be punished by a fine ranging from an amount
equal to the value of said damages to three times such value, but which shall in no case be
less than twenty-five pesos.
A fine not exceeding two hundred pesos and censure shall be imposed upon any person
who, by simple imprudence or negligence, shall cause some wrong which, if done
maliciously, would have constituted a light felony.
In the imposition of these penalties, the court shall exercise their sound discretion, without
regard to the rules prescribed in Article sixty-four.
The provisions contained in this article shall not be applicable:
1. When the penalty provided for the offense is equal to or lower than those
provided in the first two paragraphs of this article, in which case the court shall
impose the penalty next lower in degree than that which should be imposed in the
period which they may deem proper to apply.
2. When, by imprudence or negligence and with violation of the Automobile Law, to
death of a person shall be caused, in which case the defendant shall be punished
by prision correccional in its medium and maximum periods.
reckless imprudence 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 persons
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 the immediate not the danger clearly manifest.

Imprudence deficiency of action
Negligence deficiency of perception
there must be injury to persons or damage to property as a consequence of reckless or
simple imprudence
inexcusable lack of precaution on the part of the offender

Basis for determining inexcusable lack of precaution:
1. occupation
2. degree of intelligence and physical condition of the offender
3. other circumstances regarding persons, time, and place

doctrine of last clear chance
driving within speed limit is not a guaranty of due care
permitting unlicensed person to drive motor vehicle is negligence
measure of damage should be the difference in value of the property immediately before
the incident and immediately after
mitigating and aggravating circumstances not applicable to crimes committed through
negligence
when death or serious bodily injury to any person has resulted, motor vehicle driven at fault
shall be punished under the penal code







Reckless imprudence consists in voluntary, but without malice, doing or falling to do an act
from which material damage results by reason of inexcusable lack of precaution on the part
of the person performing of 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.
The penalty next higher in degree to those provided for in this article shall be
imposed upon the offender who fails to lend on the spot to the injured parties such
help as may be in this hand to give. (As amended by R.A. 1790, approved June 21,
1957).

a. by committing through reckless imprudence any act which, had it
been intentional, would constitute a grave or less grave felony or
light felony
b. by committing through simple imprudence or negligence an act
which would otherwise constitute a grave or less serious felony
c. by causing damage to the property of another through reckless
imprudence or simple imprudence or negligence
d. by causing through simple imprudence or negligence some wrong
which, if done maliciously, would have constituted a light felony



contributory negligence, not a defense, only mitigates criminal liability
emergency rule
penalty next higher in degree is to be imposed if the offender fails to lend on the spot to
the injured parties
failing to lend help is a qualifying circumstance
defendant is not criminally liable for the death or injuries caused by his recklessly negligent
acts to trespassers whose presence in the
premises he was not aware of
quack doctor who treated a sick man, resulting in the latters death is guilty of homicide
through reckless imprudence
action for damages against a surgeon whose patient died after operation

negligence: lack of foresight you shouldve known
imprudence: lack of skill you shouldve been more careful
accident is exempting: no intent and no negligence or imprudence
Elements of RECKLESS IMPRUDENCE
1) Offender DOES OR FAILS TO DO AN ACT
2) DOING OR FAILURE TO DO THAT ACT is VOLUNTARY
3) WITHOUT MALICE
4) RESULTING IN MATERIAL DAMAGE
5) Theres INEXCUSABLE LACK OF PRECAUTION ON

Offenders Part Considering:
a) his employment or occupation
B) degree of intelligence & physical condition
C) other circumstances regarding persons, time and place