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Title VIII.

Crimes against Persons ARTICLE 246 - PARRICIDE

CHAPTER I: DESTRUCTION OF LIFE Elements:


(a) Person is killed;
(a) Article246Parricide (b) Deceased is killed by the accused;
(c) Deceased is the accused's
(b) Article 247 - Death or Physical Injuries
Under Exceptional Circumstances 1. legitimate/illegitimate father

(c) Article 248 Murder 2. legitimate/illegitimate mother

(d) Article 249 Homicide 3. legitimate/illegitimate child


(should not be less than 3 days
(e) Article 250 - Penalty for Frustrated old, otherwise crime is infanticide)
Parricide, Murder or Homicide

4. other legitimate ascendant


(f) Article 251 - Death Caused in Tumultuous
Affray
5. other legitimate descendant
(g) Article 252 - Physical Injuries Caused in
Tumultuous Affray 6. legitimate spouse

(h) Article 253 - Giving Assistance to Suicide RELATIONSHIP

(i) Article 254 - Discharge of Firearms . (a) This is the essential element of this crime
relationship of offender with the victim; except for spouses,
j) Article 255 Infanticide only relatives by blood and in direct line. Hence, adopted
children are not included. [Reyes]
(k) Article 256 - Intentional Abortion
(b) It must be alleged in the information. Wife of victim
(l) Article 257 - Unintentional Abortion cannot be convicted of parricide if charged only with
murder. However, relationship must be considered
aggravating even if not alleged. [People v. Jumawan]
(m) Article 258 - Abortion Practiced by the
Woman Herself or by Parents
. (c) Spouse must be legitimate. Muslim husbands with
several wives can be convicted of parricide only in case the
(n) Article 259 - Abortion by a Physician or
first wife is killed. [People v. Subano]
Midwife and Dispensing of Abortives

. (d) A stranger who cooperates and takes part in the


(o) Article 260 - Responsibility of
commission of the crime of parricide is not guilty of
Participants in a Duel
parricide but only homicide or murder, as the case may be.
[People v. Patricio; People v. Echaluce]
(p) Article261- Challenging to a Duel

. (e) The law does not require knowledge of relationship


CHAPTER II: PHYSICAL INJURIES between offender and victim. [Reyes]

1. Article 262 Mutilation Parricide when the penalty shall not be reclusion perpetua to death:

2. Article 263 - Serious Physical Injuries . (1) Reckless or simple imprudence [Art. 365]

3. Article 264 - Administering Injurious . (2) Parricide by mistake [Art. 49]


Substances or Beverages
. (3) Parricide under exceptional circumstances
[Art. 247]
4. Article 265 - Less Serious Physical Injuries

ARTICLE 247 - DEATH OR PHYSICAL


5. Article 266 - Slight Physical Injuries and
Maltreatment
INJURIES UNDER EXCEPTIONAL CIRCUMSTANCES

6. Article 266-A - Rape (amended by RA Elements:


8353)
. (a) A legally married person, or a parent,
About this Title: The essence of crimes involves the taking of human surprises his spouse or his daughter, the latter under 18
life, destruction of the fetus, or inflicting injuries. years of age and living with him in the act of sexual
intercourse with another person;
CHAPTER I DESTRUCTION OF LIFE
. (b) He or she kills any or both of them, or inflicts upon any (a) Person was killed;
or both of them any serious physical injury in the act or (b) Accused killed him;
immediately thereafter; (c) Killing attended by any of the following qualifying
circumstances:
. (c) He has not promoted or facilitated the prostitution of 1. with treachery, taking advantage of
his wife or daughter, or that he or she has not consented to superior strength, with the aid of armed men, or employing means to
the infidelity of the other spouse. weaken the defense, or of means or persons to insure or afford
impunity;
2. in consideration of a price, reward or promise;
NOT A FELONY
3. by means of inundation, fire, poison, explosion,
(a) This article does not define a felony, rather it serves as a defense for
shipwreck, stranding of a vessel, derailment or assault upon a railroad,
a person charged with parricide, homicide or serious physical injuries.
fall of an airship, by means of motor vehicles, or with the use of any
If all the requisites have been met, the defendant will be sentenced to
other means involving great waste and ruin;
destierro instead of the severe penalty for the aforementioned crimes.
4. on occasion of any of the calamities enumerated
If less serious or slight physical injuries are inflicted, there is no
in the preceding paragraph, or of an earthquake, eruption of a volcano,
criminal liability. [Reyes]
destructive cyclone, epidemic, or any other public calamity;
5. with evident premeditation;
SPOUSE 6. with cruelty, by deliberately and
(b) The wife is also entitled to the benefits of inhumanly augmenting the suffering of the victim, or outraging or
this article. The phrase any legally married person and the word scoffing at his person or corpse.
spouse include the wife. 7. The killing is not parricide or infanticide.
(c) Does not apply if the accused is a common- law spouse.

Murder The unlawful killing of any person which is not parricide or


PARENTS infanticide with any of the circumstance mentioned in Art. 248.
(d) Parents need not be legitimate.
(e) Living with parent(s) - understood to be in their own dwelling. If
QUALIFYING CIRCUMSTANCES
done in a motel, article does not apply.
j) One attendant qualifying circumstance is
enough. If there are more than one alleged in the information for
SURPRISE murder, only one will qualify the killing to murder and the other
(f) means to come upon suddenly and circumstances will be taken as generic aggravating circumstance.
unexpectedly. (k) Any of the qualifying circumstances enumerated in Art.
(g) If the accused did not surprise the 248 must be alleged in the information. When the other circumstances
supposed offenders in the very act of committing adultery but are absorbed or included in one qualifying circumstance, they cannot
thereafter, he cannot invoke the privilege of Art. 247. [People v. be considered as generic aggravating.
Gonzales] Justice Laurels Dissent: Must the offended husband look on
in the meantime and wait until the very physical act of coition take
TREACHERY
place? This interpretation is far from being rational and certainly does
(l) Treachery absorbs the aggravating circumstance of abuse of
violence to the reason and purpose of the law.
superior strength and aid of armed men. [People v. Sespee] (m)The
essence of treachery is that the offended party was denied the chance to
IMMEDIATELY THEREAFTER defend himself because of the means, methods, or forms of attack
(h) There is no set time as jurisprudence has held 1 hour or even 4 deliberately adopted by the offender were not merely incidental to the
hours as immediately thereafter. However, the act done must be a killing.
direct result of the outrage of the cuckolded spouse, and a continuous
act from the moment of the surprising.
(n) Killing of a person with treachery is murder even if
there was no intent to kill. [People v. Cagoco (1933)]
ARTICLE DOES NOT APPLY: (o) Killing of a child of tender age is qualified
(1) If the surprising took place before any by treachery. [People v. Valerio (1988)]
actual sexual intercourse could be done.
(2) If the daughter is married. Although the article does not use the
INTENT TO KILL
word unmarried, this article applies only when the daughter is single
(p) When the victim is already dead, intent to kill becomes irrelevant.
because while under 18 and single, she is still under parental authority.
It is important only if the victim did not die to determine if the felony
If she is married, her husband alone can claim
is physical injury or attempted or frustrated homicide.
the benefits of this article.

Evidence of the victims promiscuity is inconsequential to the killing. Employing means or persons to insure or afford impunity means
The offender must prove that he actually surprised his wife and [her are employed by the accused to prevent his being recognized or to
paramour] in flagrante delicto, and that he killed the man during or secure himself against detection and punishment
immediately thereafter. [People v. Puedan]
PRICE, REWARD, OR PROMISE
LIABILITY FOR PHYSICAL INJURIES SUFFERED BY THIRD (q) The person who received the price or
PERSONS reward or who accepted a promise of price or rewards and would not
(i) In one case, two other persons suffered physical injuries as they have killed the victim were it not for that price, reward, or promise is a
were caught in the crossfire when the accused shot the victim. A principal by direct participation.
complex crime of double frustrated murder was not committed as the (r) The person who gave the price or reward or who made the promise
accused did not have the intent to kill the two victims. Here, the is a principal by induction.
accused did not commit murder when he fired at the paramour of his
wife. No aberratio ictus because he was acting lawfully. Inflicting FIRE
death under exceptional circumstances is not murder. [People v. (s) When a person is killed by fire, the
Abarca] primordial criminal intent of the offender is considered. If the
primordial criminal intent of the offender is to kill and fire was only
ARTICLE 248 - MURDER used as a means to do so, the crime is only murder. If the primordial
ELEMENTS: criminal intent of the offender is to destroy property with the use of
pyrotechnics and incidentally, somebody within the premises is killed, are one of the essential elements of
the crime is arson with homicide, a single indivisible crime penalized frustrated homicide.
under Art. 326, which is death as a consequence of arson. (6) In accidental homicide wherein death of a
(t) Intent to kill must be present for the use of fire to be appreciated as person is brought about by a lawful act performed with proper care
a qualifying circumstance. [People v. Pugay and Samson] and skill and without homicidal intent, there is no liability.
(7)Use of unlicensed firearm is an aggravating circumstance in
POISON homicide.
(u) Treachery and evident premeditation are inherent in murder by
poison only if the offender has the intent to kill the victim by use of
poison. ARTICLE 250 - PENALTY FOR FRUSTRATED PARRICIDE,
MURDER OR HOMICIDE
EVIDENT PREMEDITATION
(v) Act of the offender manifestly indicating that he clung to his Courts may impose a penalty:
determination to kill his victim.
(w) It is absorbed in price, reward or promise, if without the (a) 2 degrees lower for frustrated parricide,
premeditation the inductor would not have induced the other to commit murder, or homicide
the act but not as regards the one induced. (b) 3 degrees lower for attempted parricide,
(x) The prosecution must prove (1) the time when the offender murder, or homicide.
determined (conceived) to kill his victim; (2) an act of the offender
manifestly indicating that he clung to his determination to kill his For frustrated parricide, homicide or murder, the courts, in view of the
victim; and (3) a sufficient lapse of time between the determination and facts of the case, may impose a penalty lower by one degree than that
the execution of the killing. imposed under Art. 50.

CRUELTY Art. 50 provides that the penalty next lower in degree than that
(y) Under Article 14, the generic aggravating prescribed by law for the consummated felony shall be imposed upon a
circumstance of cruelty requires that the victim be alive, when the principal in a frustrated felony. Thus, under Art. 50, the court can
cruel wounds were inflicted and, therefore, there must be evidence to impose a penalty of TWO DEGREES LOWER for frustrated parricide,
that effect. murder, or homicide.
(z) Injuries or wounds, not necessary for the killing of the victim, must
be inflicted deliberately by the offender.
For attempted parricide, homicide, or murder, the courts, in view of the
(aa)Yet, in murder, aside from cruelty, any act that would amount to
facts of the case may impose a penalty by one degree than that
scoffing or decrying the corpse of the victim will qualify the killing to
imposed under Art. 51.
murder.

Art. 51 provides that the penalty lower by two degrees than that
Outraging to commit an extremely vicious or deeply insulting act
prescribed by law for the consummated felony shall be imposed upon
Scoffing to jeer; implies a showing of irreverence
the principal in an attempted felony. Thus, under Art. 250, the court
can impose a penalty of THREE DEGREES LOWER for attempted
ARTICLE 249 - HOMICIDE parricide, murder, or homicide.
Elements:
(1) Person was killed;
NOTE: Any attempt on, or conspiracy against, the life of the Chief
(2) Offender killed him without any justifying
Executive of the Philippines or that of any member of his family, or
circumstances;
against the life of any member of his cabinet or that of any member of
(3) Offender had the intention to kill, which is
the latters family, shall suffer the penalty of death.
presumed;
(4) Killing was not attended by any of the
qualifying circumstances of murder, or by that of parricide or ARTICLE 251 - DEATH CAUSED IN TUMULTUOUS AFFRAY
infanticide Elements:
(1) There are several persons;
Corpus delicti means the actual commission of the crime charged (2) They do not compose groups organized for
the common purpose of assaulting and
attacking each other reciprocally;
(1) In all crimes against persons in which the death of the victim is an
(3) These several persons quarreled and assaulted one another in a
element of the offense, there must be satisfactory evidence of (1) the
confused and
fact of death and (2) the identity of the victim
tumultuous manner;
(4) Someone was killed in the course of the
INTENT TO KILL affray;
(2) Intent to kill is conclusively presumed when (5) It cannot be ascertained who actually killed
death resulted. Evidence of intent to kill is important only in attempted the deceased;
or frustrated homicide. (6) The person or persons who inflicted serious
(3) In attempted or frustrated homicide, there is intent to kill. In physical injuries or who used violence can be identified.
physical injuries, there is none. However, if as a result of the physical
injuries inflicted, the victim died, the crime will be homicide because
Tumultuous affray is a commotion in a confused manner to an
the law presumes intent to kill and punishes the result, and not the
extent that it would not be possible to identify who the killer is if death
intent of the act. The accused will, however, be entitled to the
results, or who inflicted the serious physical injury, but the person or
mitigating circumstance of lack of intent to commit so grave a wrong.
persons who used violence are known. It exists when at least four
persons took part [Reyes].
No offense of frustrated homicide through imprudence.
(4) The element of intent to kill in frustrated homicide is incompatible
The groups must not be organized to mutually assault or fight each
with negligence or imprudence. [People v. Castillo (1999)]
other, otherwise the hostilities would not be considered as a tumultuous
affray. [People v. Abiog (1920)]
OTHER NOTES:
(5) Physical injuries sufficient to cause death
Who are liable? Euthanasia commonly known as mercy- killing; the practice of
(a) The person or persons who inflicted the painlessly putting to death a person suffering from some incurable
serious physical injuries disease.
(b) If it is not known who inflicted the
serious physical injuries on the deceased, all persons who used This article does not contemplate euthanasia where the crime is murder
violence upon the person of the victim are liable. (if without consent; with consent, covered by Article 253). Euthanasia
is not lending assistance to suicide. In euthanasia, the victim is not in a
If there is conspiracy, this crime is not committed. The crime would be position to commit suicide.
murder or homicide.
A doctor who resorts to euthanasia of his patient may be liable for
The crimes committed might be disturbance of public order, or if murder. But if the patient himself asks to be killed by his doctor, this
participants are armed, it could be tumultuous disturbance, or if Article applies. [Reyes]
property was destroyed, it could be malicious mischief.
ARTICLE 254 - DISCHARGE OF FIREARMS
ARTICLE 252 - PHYSICAL INJURIES CAUSED IN
TUMULTUOUS AFFRAY Elements:
(a) Offender discharges a firearm against or at another person.
Elements: (b) Offender has no intention to kill that person.
1. There is a tumultuous affray;
2. A participant or some participants thereof No crime if firearm is not discharged. It is essential for prosecution to
suffered serious physical injuries or physical injuries of a less serious prove that the discharge of firearm was directed precisely against the
nature only; offended party.
3. The person responsible thereof cannot be identified;
4. All those who appear to have used violence upon the
The crime is the discharge of firearm, even if the gun was not pointed
person of the offended party are known.
at the offended party when it fired, as long as it was initially aimed by

the accused at or against the offended party


Unlike in Article 251, the injured party in this article must be one or
some of the participants in the affray.
If there is intention to kill, it may be classified as attempted parricide,
All those who appear to have used violence shall suffer the penalty murder, or homicide.
next lower in degree than that provided for the serious physical injuries
inflicted. For less serious physical injuries, the penalty is arresto mayor No presumed intent to kill if the distance is 200 meters.
from five to fifteen days.
There is a special complex crime of illegal discharge of firearm with
Physical injury should be serious or less serious. serious or less serious physical injuries.

No crime of physical injuries resulting from a tumultuous affray if the ARTICLE 255 INFANTICIDE
physical injury is only slight because slight physical injury is
considered as inherent in a tumultuous affray.
Elements:
(1) A child was killed by the accused;
(2) The deceased child was less than 3 days old (72 hours).
ARTICLE 253 - GIVING ASSISTANCE TO SUICIDE
Modes:
Infanticide the killing of any child less than three days of age,
(1) Assisting another to commit suicide,
whether the killer is the parent or grandparent, any other relative of the
whether the suicide is consummated or not;
child, or a stranger.
(2) Lending his assistance to another to commit suicide to the extent of
doing the killing himself.
If the offender is the parent and the victim is less than three days old,
the crime is infanticide and not parricide.
Giving assistance to suicide means giving means (arms, poison, etc.) or
whatever manner of positive and direct cooperation (intellectual aid,
suggestions regarding the mode of committing suicide, etc.). A stranger who cooperates in the perpetration of infanticide committed
by the mother or grandparent on the mothers side, is liable for
infanticide, but he must suffer the penalty prescribed for murder.
If the person does the killing himself, the penalty is similar to that of
homicide, which is reclusion temporal.
It is necessary that the child be born alive and viable (capable of
independent existence). [US v. Vedra (1908)] There is no infanticide
The relation of the offender to the person committing suicide is not
when the child was born dead, or although born alive, it could not
material. The law does not distinguish. Hence, penalty would be the
sustain an independent life when it was killed.
same if the offender is the father, mother or child.

Only the mother and maternal grandparents of the child are entitled to
There can be no qualifying circumstance because the determination to
the mitigating circumstance of concealing the dishonor. Concealment
die must come from the victim.
of dishonor is not an element of infanticide, it merely lowers the
penalty.
The person attempting suicide is not liable.
Reason: He should be pitied, not punished.
If the child is abandoned without any intent to kill and death results as
a consequence, the crime committed is not infanticide but
A pregnant woman who tried to commit suicide by means of poison, abandonment under Article 276.
but instead of dying, the fetus in her womb was expelled, is not liable
for abortion. In order to incur criminal liability for the result not
ARTICLE 256 - INTENTIONAL ABORTION
intended, one must be committing a felony [Art. 4; Reyes]. An attempt
to commit
Elements: pregnant woman bumping her abdomen against the wall of the calesa
(a) There is a pregnant woman; and eventually led to an abortion. [People v. Jose]
(b) Violence is exerted, or drugs or beverages
administered, or that the accused otherwise acts upon such pregnant If the act of violence is not felonious, that is, act of self-defense, and
woman; there is no knowledge of the womans pregnancy, there is no liability.
(c) As a result of the use of violence or drugs or beverages upon her,
or any other act of the accused, the fetus dies, either in the womb or Mere boxing of the stomach taken together with the immediate
after having been expelled therefrom; strangling of the victim in a fight, is not sufficient proof to show an
(d) The abortion is intended. intent to cause abortion. [People v. Salufrania (1988)]

Abortion the willful killing of the foetus in the uterus or the violent For the crime of abortion, even unintentional, to be held committed,
expulsion of the foetus from the maternal womb which results in the the accused must have known of the pregnancy. [People v. Carnaso]
death of the foetus. [Reyes citing Guevarra]

ARTICLE 258 - ABORTION PRACTICED BY THE WOMAN


Ways of committing intentional abortion HERSELF OR BY PARENTS
1. Using any violence upon the person of the pregnant woman;
2. Acting, but without using violence, without the consent of the
Elements:
woman. (By administering drugs or beverages upon such pregnant
1. There is a pregnant woman who has suffered an abortion;
woman without her consent.)
2. Abortion is intended;
3. Acting (by administering drugs or beverages), with the consent of
3. Abortion is caused by
the pregnant woman.
(1) The pregnant woman herself;

(2) Any other person, with her consent; or


ABORTION vs. INFANTICIDE
(3) Any of her parents, with her consent
Abortion
for the purpose of concealing her dishonour.
Fetus could sustain an sustain independent independent life. No legal
viability.
Infanticide If the purpose of abortion is to conceal dishonor, mitigation
Fetus could sustain an sustain independent independent life after applies only to pregnant woman and not to parents of
separation from the mothers womb. pregnant woman, unlike in infanticide.
If the purpose of parents is not to conceal dishonor, the
crime is intentional abortion.
If the mother as a consequence of abortion suffers death or physical
injuries, there is a complex crime of murder or physical injuries and
abortion.
ARTICLE 259 - ABORTION BY A PHYSICIAN OR MIDWIFE
AND DISPENSING OF ABORTIVES
In intentional abortion, the offender must know of the pregnancy
Elements:
because the particular criminal intent is to cause an abortion.
(a) There is a pregnant woman who has
suffered an abortion;
If the woman turns out not to be pregnant and someone performs an (b) The abortion is intended;
abortion upon her, he is liable for an impossible crime if the woman (c) Offender, who must be a physician or
suffers no physical injury. midwife, caused or assisted in causing the
abortion;
If she dies or suffers injuries, the crime will be homicide, serious (d) Said physician or midwife took advantage
physical injuries, etc. of his or her scientific knowledge or skill.

FRUSTRATED ABORTION The penalties provided for intentional abortion shall be
(1) committed if the fetus that is expelled is viable and, therefore, not imposed in the maximum period for physicians and
dead as abortion did not result despite the employment of adequate and midwives violating this article. Reason: heavier guilt in
sufficient means to make the pregnant woman abort. making use of their knowledge for the destruction of human
life, when it should be used only for its preservation. [Reyes
ARTICLE 257 - UNINTENTIONAL ABORTION Elements: citing Albert]
(a) There is a pregnant woman;
(b) Violence is used upon such pregnant If the abortion is produced by a physician to save the life of the mother,
woman without intending an abortion; there is no liability.
(c) The violence is intentionally exerted;
(d) Result of violence fetus dies, either in Elements (for pharmacists):
the womb or expelled therefrom (1) The offender is a pharmacist;
(2) There is no proper prescription from a
Unintentional abortion requires physical violence inflicted deliberately physician;
and voluntarily by a third person upon the pregnant woman, without (3) The offender dispenses any abortive.
intention to cause the abortion.
Article punishes a pharmacist who merely dispenses with an abortive
If the pregnant woman was killed by violence by her husband, the without the proper prescription of a physician.
crime committed is the complex crime of parricide with unintentional It is not necessary that the pharmacist knows that the abortive would be
abortion. used to cause an abortion. What is punished is the dispensing of the
abortive without the proper prescription. It is not necessary that the
Unintentional abortion may be committed through negligence as it is abortive be actually used either.
enough that the use of violence be voluntary. In one case, the accused
was declared guilty of the crime of unintentional abortion through If pharmacist knew that the abortive would be used for abortion, he
reckless imprudence for having bumped a calesa which resulted in a would be liable as an accomplice in the crime of abortion.
ARTICLE 260 - RESPONSIBILITY OF PARTICIPANTS IN A and to deprive him of that part of the body
DUEL
Modes: ARTICLE 263 - SERIOUS PHYSICAL INJURIES
(a) Killing ones adversary in a duel; Modes of Commission:
(b) Inflicting upon such adversary physical (a) By wounding;
injuries; (b) By beating;
(c) Making a combat although no physical (c) By assaulting; or
injuries have been inflicted. (d) By administering injurious substance.
(Art. 264)
Persons liable
(a) The person who killed or inflicted physical injuries upon his What are serious physical injuries? They are when the injured person,
adversary, or both combatants in any other case, as principals. (b) The in consequence of the physical injuries inflicted
seconds, as accomplices.
1. becomes insane, imbecilic, impotent or blind
Duel a formal or regular combat previously consented to by two 2. (a)losestheuseofspeechorthepowerto hear or to smell, or loses an
parties in the presence of two or more seconds of lawful age on each eye, a hand, a foot, an arm, or a leg, or
side, who make the selection of arms and fix all the other conditions of (b) loses the use of any such member; or
the fight to settle some antecedent quarrel. (c) becomes incapacitated for the work in which he was theretofore
habitually engaged, in consequence of the physical injuries inflicted;
3. (a)becomes deformed;or
There is no such crime nowadays because people hit each other even
(b) loses any other member of his body; or
without entering into any pre-conceived agreement. This is an obsolete
(c) loses the use thereof; or
provision.
(d) becomes ill or incapacitated for the performance of the work in
which he was habitually engaged for more than 90 days; becomes ill or
If these are not the conditions of the fight, it is not a duel in the sense incapacitated for labor for more than 30 days (but must not be more
contemplated in the RPC. It will be a quarrel and anyone who killed than 90 days).
the other will be liable for homicide or murder, as the case may be.

In physical injuries, there must no be intent to kill, otherwise the crime


ARTICLE 261 - CHALLENGING TO A DUEL is frustrated/attempted murder or homicide as the case may be.
Modes:
(1) Challenging another to a duel;
PHYSICAL INJURIES vs. ATTEMPTED OR FRUSTRATED
(2) Inciting another to give or accept a
HOMICIDE
challenge to a duel;
Physical Injuries
(3) Scoffing at or decrying another publicly for
No intent to kill offended party
having refused to accept a challenge to fight a duel.
ATTEMPTED OR FRUSTRATED HOMICIDE
May be committed even if no physical injuries are inflicted Offender
Persons Responsible: (a) Challenger (b) Instigators has intent to kill party

If one challenges another to a duel by shouting Come down, Olympia, Under this type
let us measure your prowess. We will see whose intestines will come (2) Impotence means an inability to copulate.
out. You are a coward if you do not come down, the crime of It includes sterility.
challenging to a duel is not committed. What is committed is the crime (3) Penalty is one degree higher when the
of light threats under Article 285, paragraph 1. [People v. Tacomoy] victim is under 12 years of age.
(4) Blindness under this type must be of two
CHAPTER II PHYSICAL INJURIES eyes while blindness under the second type requires the loss
of an eye only. Mere weakness of vision is not
ARTICLE 262 MUTILATION contemplated.

FIRST MODE UNDER THE SECOND TYPE


Intentionally mutilating another by depriving him, either totally or (5) Loss of power to hear must be of both ears.
partially, of some essential organ for reproduction; (Mutilation) If hearing in only one ear is lost, it falls
Elements: under the third type.
1. There be a castration, that is, mutilation of organs (6) Loss of the use of hand or incapacity for
necessary for generation, such as the penis or ovarium; work must be permanent.
2. The mutilation is caused purposely and deliberately (7) All the body parts mentioned are principal
members of the body (eye, hand, foot etc.)
SECOND MODE
Intentionally making other mutilation, that is, by lopping or clipping UNDER THE THIRD TYPE
off any part of the body of the offended party, other than the essential (8) It covers any other part of the body which is
organ for reproduction, to deprive him of that part of his body. not a principal member of the body.
(Mayhem) (9) Fingers of the hand are not principal members and the
loss of such fall under the third type. However, if it is proven that the
The offender must have the intention to deprive the offended party of a loss of the fingers resulted in the loss of the use of the hand itself, it
part of his body. If there is no such intention, the crime will be serious would fall under the second type. [US v. Punsalan (1912)]
physical injuries.
Deformity physical ugliness, permanent and definite abnormality. It
Mutilation the lopping or clipping off of some part of the body must be conspicuous and visible.
Castration intentionally mutilating another by depriving him, either Elements of deformity:
totally or partially, of some essential organ for reproduction (1) physical ugliness,
Mayhem Basically, other intentional mutilation. It is intentionally (2) permanent and definite abnormality, and
making mutilation other than some essential organ for reproduction
(3) it must be conspicuous and visible. ARTICLE 264 - ADMINISTERING INJURIOUS SUBSTANCES
All these elements must concur. OR BEVERAGES

Illustrations: Elements:
(a) Loss of molar tooth This is not deformity (1) Offender inflicted upon another any serious
as it is not visible. physical injury;
(b) Loss of permanent front tooth This is (2) It was done by knowingly administering to
deformity as it is visible and permanent. him any injurious substance or beverages or by taking advantage of his
(c) Loss of milk front tooth This is not deformity as it is visible but weakness of mind or credulity;
will be naturally replaced. (3) He had no intent to kill.

Deformity by loss of teeth refers to injury which cannot be repaired by If the accused did not know of the injurious nature of the substances
the action of nature. Loss of both outer ears is a deformity. Loss of the administered, he is not liable under this article.
lobule of the ear is a deformity. Loss of index and middle fingers only
is either deformity or loss of a member, not a principal one, of his body ARTICLE 265 - LESS SERIOUS PHYSICAL INJURIES
or use of the same. Loss of power to hear of right ear only is loss of use
of other part of body. Elements:
(1) Offended party is incapacitated for labor for 10 days or more (but
UNDER THE FOURTH TYPE not more than 30 days), or needs medical attendance for the same
Illness when the wound inflicted did not heal with a certain period of period of time;
time. (2) The physical injuries must not be those described in the preceding
articles.
(a) Note that under serious physical injuries of the fourth type, illness
or incapacity is required, NOT medical attendance. Qualified as to penalty
(1) A fine not exceeding P 500.00, in addition to arresto mayor, when:
Paragraphs 2 and 3 refers to the work in which he was theretofore 1. There is a manifest intent to insult or offend the injured
habitually engaged person; or
2. There are circumstances adding ignominy to the offense.
Must the injured party have a vocation at the time of the injury? YES, (2) A higher penalty is imposed when the victim is either
insofar as these two paragraphs are concerned. Incapacity therefore 1. The offenders parents, ascendants, guardians, curators or
must relate to a certain kind of work only. teachers; or
2. Persons of rank or person in authority, provided the crime
is not direct assault.
However, in paragraph 4, incapacity for any kind of work is
acceptable, because the phrase incapacity for labor is used.
ARTICLE 266 - SLIGHT PHYSICAL INJURIES AND
MALTREATMENT
Injury requiring hospitalization for more than thirty days is serious
Modes:
physical injuries under paragraph 4.
(1) Physical injuries incapacitated the offended
party for labor from 1-9 days, OR required medical attendance during
When the category of the offense of serious physical injuries depends the same period;
on the period of illness or incapacity for labor, there must be evidence (2) Physical injuries which did not prevent the offended party from
of the length of that period; otherwise, the offense is only slight engaging in his habitual work or which did not require medical
physical injuries. attendance;
(3) Ill-treatment of another by deed without causing any injury.
Lessening of efficiency due to injury is NOT incapacity.
This involves even ill-treatment where there is no sign of injury
Distinguished from mutilation: In mutilation, the body parts should requiring medical treatment.
have been purposely and deliberately lopped or clipped off. This
intention is not present in serious physical injuries. Slapping the offended party is a form of ill- treatment which is a form
of slight physical injuries.
No attempted or frustrated crime of physical injuries
This felony is defined by the gravity of the injury. It is a crime of But if the slapping is done to cast dishonor upon the person slapped, or
result. As long as there is no injury, there can be no attempted or to humiliate or embarrass the offended party out of a quarrel or anger,
frustrated stage thereof. the crime is slander by deed.

Classification of physical injuries: Between slight physical injuries and less serious physical injuries, not
(a) Between less serious physical injuries and only the healing duration of the injury will be considered but also the
serious physical injuries, do not consider the period of medical medical attendance required to treat the injury.
treatment. Only consider the period when the offended party is
rendered incapacitated for labor. So the healing duration may be one to nine days, but if the medical
(b) When the injury created a deformity upon the offended party, treatment continues beyond nine days, the physical injuries would
disregard the healing duration or the period of medical treatment already qualify as less serious physical injuries.
involved. At once, it is considered serious physical injuries.
Serious physical injuries is punished with higher penalties in the
The medical treatment may have lasted for nine days, but if the
following cases:
offended party is still incapacitated for labor beyond nine days, the
(c) If it is committed against any of the persons referred to in the crime
physical injuries are already considered less serious physical injuries.
of parricide under Article 246;
(d) If any of the circumstances qualifying murder attended its
commission. Where there is no evidence of actual injury, it is only slight physical
injuries.
In the absence of proof as to the period of the offended partys (2) If the offender:
incapacity for labor or of the required medical attendance, the crime (a) is afflicted with a transmissible disease & the virus /
committed is slight physical injuries. disease is transmitted to the victim;
(b) isamemberoftheAFP/PNP/any law enforcement
agency / penal institution, & took advantage of his position;
(c) knew of the pregnancy of the offended party at the time
of the commission of rape;
ARTICLE 266-A - RAPE
(d) knew of the mental disability, emotional disorder, & /
(AS AMENDED BY RA 8353)
or physical handicap of the offended party at the time of the
First Mode:
commission of rape
Rape through sexual intercourse without consent of the woman: (Rape
by Sexual Intercourse)
Elements:
(1) Offender is a man; (3) If Rape is committed in full view of the spouse, parent, any of
(2) Offender had carnal knowledge of a rd
the children, or other relatives w/in the 3 civil degree of
woman; consanguinity
(3) Such act is accomplished under any of the
following circumstances:
Old Anti-Rape Law vs. RA 8353
1. By using force, threat or intimidation;
Old Anti-Rape Law
2. When the woman is deprived of reason
1. Crime against chastity
or is otherwise unconscious;
2. May be committed by a man against a woman only
3. By means of fraudulent machination
3. PRIVATE CRIME
or grave abuse of authority;
Complaint must be filed by the woman or her parents grandparents or
guardian if the woman was a minor or incapacitated
Second Mode: 4. Marriage of the victim w/ one of the offenders benefits not only the
Rape Through Sexual Assault principal but also the accomplices and accessories. 5. Marital rape
Elements: NOT recognized
(a) Offender commits an act of sexual assault;
(b) The act of sexual assault is committed by any of the following
RA 8353
means:
1. Crime against persons
(1) By inserting his penis into another
2. Under the 2nd type, sexual assault may be committed by any person
person's mouth or anal orifice; or
against any person
(2) By inserting any instrument or object into the genital or
3. May be prosecuted even if the woman does not file a complaint
anal orifice of another
4. Marriage extinguishes the penal action only as to the principal (the
person;
person who married the victim), and cannot be extended to co-
(c) The act of sexual assault is accomplished under any of the
principals in case of MULTIPLE RAPE
following circumstances:
5. Marital rape recognized
(1) By using force or intimidation; or
(2) When the woman is deprived of reason
or otherwise unconscious; or Complete penetration is NOT necessary. The slightest penetration
(3) By means of fraudulent machination or contact with the labia will consummate the rape. There is NO crime
grave abuse of authority; or of FRUSTRATED RAPE because in rape, from the moment the
(4) When the woman is under 12 years of offender has carnal knowledge of the victim, he actually attains his
age or demented. purpose, all the essential elements of the offense have been
accomplished. [People v. Orita (1990)]
CLASSIFICATIONS OF RAPE
(1) Rape by sexual intercourse Rape must have specific intent or lewd design. For rape to be
1. Offended party is always a woman consummated, a slight brush or scrape of the penis on the external
2. Offender is always a man. layer of the vagina will not suffice. Mere touching of the external layer
(2) Sexual assault of the vagina without the intent to enter the same cannot be construed
1. Rape can now be committed by a man as slight penetration. Accused is only liable for ATTEMPTED RAPE.
or a woman, that is, if a woman or a man uses an instrument on anal
orifice of male, she or he can be liable for rape. Conviction does not require a medico-legal finding of any penetration
2. Inserting a finger inside the genital of a woman on the part of the woman.
is rape through sexual assault within the context of object.
FORCE, THREAT, OR INTIMIDATION
AGGRAVATING CIRCUMSTANCES: Force employed against the victim of the rape need not be of such
(1) If the victim: character as could be resisted. When the offender has an ascendancy or
(a) Is under 18 yrs. old, & the offender is a parent, influence over the girl, it is not necessary that she put up a determined
ascendant, step-parent, guardian, relative by consanguinity or affinity resistance. A rape victim does not have the burden of proving
rd resistance. [People v. Metin (2003)]
w/in the 3 civil degree, or the common law spouse of the parent of
the victim
It is not necessary that the force employed against the complaining
(b) Is under the custody of the police / military authorities /
woman in rape to be so great or of such a character as could not be
law enforcement agency
resisted. It is sufficient that the force used is sufficient to consummate
(c) Is a religious and such legitimate vocation is known by
the culprits purpose of copulating with the offended woman. [People
the offender before or at the time of rape
v. Savellano (1974)]
(d) is a child below 7 yrs. Old;
(e) suffered permanent or physical
mutilation or disability by reason or on Intimidation must be viewed in light of the victims perception and
the occasion of rape judgment at the time of rape 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
the moment or thereafter, as when she is threatened with death if she In this case, relationship was not adequately substantiated.
reports the incident. [People v. Metin (2003)]
An accused may be convicted of rape on the sole testimony of the
The Supreme Court has ruled that the moral ascendancy or influence offended woman.
exercised by the accused over the victim substitutes for the element of
physical force or intimidation such as those committed by: When several persons conspired to rape a single victim, each shall be
(a) Fathers against their daughters (People v. Bayona, liable for the rape committed personally by him, as well as those
2000) committed by the others.
(b) Stepfathers against their stepdaughters (People v. Vitor,
2002) RAPE THROUGH SEXUAL ASSAULT
(c) A godfather against his goddaughter (People v. Casil, The insertion of fingers consummated rape through sexual assault
1995) under RA 8353. The contact of the males penis with the womans
(d) Uncles against their nieces (People v. Betonio, 1997) vagina is referred to as rape with sexual intercourse, while the sexual
(e) The first cousin of the victims mother (People v. Perez, abuse under par.2 of Art.266-A, RPC is categorized as rape through
1999) sexual assault.

Insertion of penis into the mouth of a 10-year old boy is Rape by


WHEN THE OFFENDED PARTY IS DEPRIVED OF REASON Sexual Assault punished under par.2, Article 266-A, RPC. [Ordinario
OR IS OTHERWISE UNCONSCIOUS v. People]
In one case, this was ruled to cover the rape of a 16-year old mental
retardate with the intellectual capacity of a 9-year-old, notwithstanding
Evidence which may be accepted in the prosecution of rape:
the victims actual age.
Any physical overt act manifesting resistance against the act of rape in
any degree from the offended party; or
Deprived of reason or unconscious means that the victim has no will Where the offended party is so situated as to render him/her incapable
to give consent intelligently and freely. The inquiry should likewise of giving his consent
determine whether the victim was fully informed of all considerations
so as to make a free and informed decision regarding the grant of
Rape shield rule - means that the character of the offended woman is
consent.
immaterial in rape. constitutes

Whether the complaint stated that the victim was fast asleep or half- An accused may be convicted of rape on the sole testimony of the
asleep or drowsy or semi-conscious is not determinative of the crime offended woman.
of rape. For he who lies with a woman while the latter is in a state of
being drowsy is guilty of rape. Drowsiness is defined as the state of
When several persons conspired to rape a single victim, each shall be
being drowsy, i.e., ready to fall asleep or half- asleep. [People v.
liable for the rape committed personally by him, as well as those
Siarza]
committed by the others.

BY MEANS OF FRAUDULENT MACHINATION OR GRAVE


What Determines the Number of Times the Victim was Raped?
ABUSE OF AUTHORITY
In one case, the accused ejaculated twice during the time that he
Rape by means of fraudulent machinations and grave abuse of
consummated the rape. He did not withdraw his penis to insert it again
authority absorbs the crime of qualified and simple seduction.
into the vagina or to touch the labia majora and the labia minora when
he ejaculated the second time. It is not the number of times that
STATUTORY RAPE appellant ejaculated but the penetration or touching that determines
1. Statutory rape is the rape of a woman who the consummation of the sexual act. Thus appellant committed only
is below 12 years of age. Here, the victim is conclusively presumed one count of rape. [People v. Ferrer; People v. Orilla]
incapable of giving consent to sexual intercourse with another. [People
v. Negosa (2003)] Effect of Pardon
2. This is consummated when the victim is below (1) Subsequent valid marriage between the
12 yrs. old. Victims consent is immaterial, and so is the offenders offender and the offended party shall extinguish the criminal action or
knowledge of the victims age. the penalty imposed but only as to the husband
(2) When the legal husband is the offender, the subsequent forgiveness
by the wife as the offended party shall extinguish the criminal action or
3. Carnal knowledge of a child below 12 yrs. old even if she is the penalty, provided that their marriage is NOT VOID ab initio.
engaged in prostitution is still considered statutory rape. |The force, violence or intimidation in rape is a relative term,
depending not only on the age, size, and strength of the parties but also
Special qualifying circumstances have to be alleged in the information on their relationship with each other [People v. Tuazon]
for it to be appreciated. [People v. Gallo] In this case, Gallo was found
guilty of the crime of qualified rape with the penalty of death. The SPECIAL LAWS
information filed against him does not allege his relationship with the RA 9262: ANTI-VIOLENCE AGAINST WOMEN AND THEIR
victim, his daughter, thus, it CANNOT be considered as a qualifying CHILDREN ACT OF 2004
circumstance. The case was reopened and the judgment is modified Violence against women and their children refers to any act or
from death to reclusion perpetua. series of acts committed by any person against a women who is wife,
former wife, or against a woman with whom the person has or had a
Since relationship qualifies the crime of rape, there must be clear proof sexual or dating relationship, or with whom he has a common child, or
of relationship. [People v. Berana] In this case, a 14-year old was against her child whether legitimate or illegitimate, within or without
raped by her brother-in-law. To effectively prosecute the accused for the family abode, which result in or is likely to result in physical,
rd sexual, psychological harm or suffering, or economic abuse including
the crime of rape committed by a relative by affinity w/in the 3 civil threats of such acts, battery, assault, coercion, harrasment or arbitrary
degree, it must be established that: deprivation of liberty.
1. the accused is legally married to the victims sister; and Punishable Acts:
2. the victim and the accuseds wife are full or half-blood Sec. 5. Acts of Violence Against Women and Their Children - The
siblings. crime of violence against women and their children is committed
through any of the following acts: oral to anal, whether between persons of the same or opposite sex;
(1) Causing physical harm to the woman or her child; bestiality;
(2) Threatening to cause the woman or her child physical harm; masturbation;
(3) Attempting to cause the woman or her child physical harm; sadistic or masochistic abuse;
(4) Placing the woman or her child in fear of imminent physical harm; lascivious exhibition of the genitals,
(5) Attempting to compel or compelling the woman or her child to buttocks, breasts, pubic area and/or
engage in conduct which the woman or her child has the right to desist anus; or
from or desist from conduct which the woman or her child has the right use of any object or instrument for
to engage in, or attempting to restrict or restricting the woman's or her lascivious acts
child's freedom of movement or conduct by force or threat of force, (d) Internet address" refers to a website, bulletin board service,
physical or other harm or threat of physical or other harm, or internet chat room or news group, or any other internet or shared
intimidation directed against the woman or child. This shall include, network protocol address.
but not limited to, the following acts committed with the purpose or (e) Internet cafe or kiosk" refers to an establishment that offers or
effect of controlling or restricting the woman's or her child's movement proposes to offer services to the public for the use of its computer/s or
or conduct: computer system for the purpose of accessing the internet, computer
1. Threatening to deprive or actually depriving the games or related services.
woman or her child of custody to her/his family;
2. Depriving or threatening to deprive the woman (f) Internet content host" refers to a person who hosts or who
or her children of financial support legally due her or her family, or proposes to host internet content in the Philippines.
deliberately providing the woman's children insufficient financial (e) Internet service provider (ISP)" refers to a person or entity that
support; supplies or proposes to supply, an internet carriage service to the
3. Depriving or threatening to deprive the woman public.
or her child of a legal right; (g) Grooming refers to the act of preparing a child or someone who
4. Preventing the woman in engaging in the offender believes to be a child for sexual activity or sexual
any legitimate profession, occupation, business or activity or relationship by communicating any form of child pornography. It
controlling the victim's own money or properties, or solely controlling includes online enticement or enticement through any other means.
the conjugal or common money, or properties; (h) Luring refers to the act of communicating, by means of a
(6) Inflicting or threatening to inflict physical harm on oneself for the computer system, with a child or someone who the offender believes to
purpose of controlling her actions or decisions; be a child for the purpose of facilitating the commission of sexual
(7) Causing or attempting to cause the woman or her child to engage in activity or production of any form of child pornography.
any sexual activity which does not constitute rape, by force or threat of (j) "Pandering" refers to the act of offering, advertising, promoting,
force, physical harm, or through intimidation directed against the representing or distributing through any means any material or
woman or her child or her/his immediate family; purported material that is intended to cause another to believe that the
(8) Engaging in purposeful, knowing, or reckless conduct, personally material or purported material contains any form of child pornography,
or through another, that alarms or causes substantial emotional or regardless of the actual content of the material or purported material.
psychological distress to the woman or her child. This shall include, (k) "Person" refers to any natural or juridical entity.
but not be limited to, the following acts:
1. Stalking or following the woman or her child in
Unlawful or Prohibited Acts
public or private places;
It shall be unlawful for any person:
2. Peering in the window or lingering
(1) To hire, employ, use, persuade, induce or coerce a child
outside the residence of the woman or her child;
to perform in the creation or production of any form of child
3. Entering or remaining in the dwelling or on
pornography;
the property of the woman or her (2) To produce, direct, manufacture or create any form of
child against her/his will; child pornography;
4. Destroying the property and personal belongings (3) To publish offer, transmit, sell, distribute, broadcast,
or inflicting harm to animals or pets of the woman or her child; and advertise, promote, export or import any form of child pornography;
5. Engaging in any form of harassment or violence; (4) To possess any form of child pornography with the
(9) Causing mental or emotional anguish, public ridicule or humiliation intent to sell, distribute, publish, or broadcast: Provided, That
to the woman or her child, including, but not limited to, repeated possession of three (3) or more articles of child pornography of the
verbal and emotional abuse, and denial of financial support or custody same form shall be prima facie evidence of the intent to sell, distribute,
of minor children of access to the woman's child/children. publish or broadcast;
(5) To knowingly, willfully and intentionally provide a
RA 9775: ANTI-CHILD PORNOGRAPHY ACT OF 2009 venue for the commission of prohibited acts as, but not limited to,
Sec. 3. Definition of Terms. - dens, private rooms, cubicles, cinemas, houses or in establishments
(a) "Child" refers to a person below eighteen (18) years of age or purporting to be a legitimate business;
over, but is unable to fully take care of himself/herself from abuse, (6) For film distributors, theaters and telecommunication
neglect, cruelty, exploitation or discrimination because of a physical or companies, by themselves or in cooperation with other entities, to
mental disability or condition. distribute any form of child pornography;
For the purpose of this Act, a child shall also refer to: (7) For a parent, legal guardian or person having custody or
a person regardless of age who is presented, depicted or portrayed as control of a child to knowingly permit the child to engage, participate
a child as defined herein; and or assist in any form of child pornography; (8) To engage in the
computer-generated, digitally or manually crafted images or luring or grooming of a child;
graphics of a person who is represented or who is made to appear to be (9) To engage in pandering of any form of child
a child as defined herein. pornography;
(b) "Child pornography" refers to any representation, whether (10) To willfully access any form of child pornography;
visual, audio, or written combination thereof, by electronic, (11) To conspire to commit any of the prohibited acts
mechanical, digital, optical, magnetic or any other means, of child stated in this section. Conspiracy to commit any form of child
engaged or involved in real or simulated explicit sexual activities. pornography shall be committed when two (2) or more persons come
(c) "Explicit Sexual Activity" includes actual or simulated to an agreement concerning the commission of any of the said
As to form: prohibited acts and decide to commit it; and
a. sexual intercourse or lascivious act including, but not limited to, (12) To possess any form of child pornography.
contact involving genital to genital, oral to genital, anal to genital, or
Syndicated Child Pornography - The crime of child pornography is reclusion temporal in its medium period if in
deemed committed by a syndicate if carried out by a group of three (3) consequence of the hazing the victim shall have lost the use of speech
or more persons conspiring or confederating with one another 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
Who May File a Complaint. shall have become incapacitated for the activity or work in which he
(1) Offended party; was habitually engaged.
(2) Parents or guardians; reclusion temporal in its minimum period if in
(3) Ascendant or collateral relative within the consequence of the hazing the victim shall become deformed or shall
third degree of consanguinity; have lost any other part of his body, or shall have lost the use thereof,
(4) Officer, social worker or representative of a or shall have been ill or incapacitated for the performance on the
licensed child-caring institution; activity or work in which he was habitually
(5) Officer or social worker of the Department of Social Welfare and engaged for a period of more than ninety (90) days.
Development prision mayor in its maximum period if in consequence
(DSWD); of the hazing the victim shall have been ill or incapacitated for the
(6) Local social welfare development officer; performance on the activity or work in which he was habitually
(7) Barangay chairman; engaged for a period of more than thirty (30) days.
(8) Any law enforcement officer; prision mayor in its medium period if in consequence of
(9) At least three (3) concerned responsible the hazing the victim shall have been ill or incapacitated for the
citizens residing in the place where the performance on the activity or work in which he was habitually
violation occurred; or engaged for a period of ten (10) days or more, or that the injury
(10) Any person who has personal knowledge of the circumstances of sustained shall require medical assistance for the same period.
the commission of any offense under this Act. prision mayor in its minimum period if in consequence
of the hazing the victim shall have been ill or incapacitated for the
performance on the activity or work in which he was habitually
RA 8049: ANTI-HAZING LAW
engaged from one (1) to nine (9) days, or that the injury sustained shall
Hazing
require medical assistance for the same period.
(1) Definition
prision correccional in its maximum period if in
Section 1. Hazing, as used in this Act, is an initiation rite or practice as
consequence of the hazing the victim sustained physical injuries which
a prerequisite for admission into membership in a fraternity, sorority or
do not prevent him from engaging in his habitual activity or work nor
organization by placing the recruit, neophyte or applicant in some
require medical attendance.
embarrassing or humiliating situations such as forcing him to do

menial, silly, foolish and other similar tasks or activities or otherwise
The responsible officials of the school or of the police, military or
subjecting him to physical or psychological suffering or injury.
citizen's army training organization, may impose the appropriate
The term "organization" shall include any club or the
administrative sanctions on the person or the persons charged under
Armed Forces of the Philippines, Philippine National Police,
this provision even before their conviction. The maximum penalty
Philippine Military Academy, or officer and cadet corp of the Citizen's
herein provided shall be imposed in any of the following instances:
Military Training and Citizen's Army Training. The physical, mental
(1) recruitment is accompanied by force, violence, threat,
and psychological testing and training procedure and practices to
intimidation or deceit on the person of the recruit who refuses to join;
determine and enhance the physical, mental and psychological fitness
(2) recruit, neophyte or applicant initially consents to join
of prospective regular members of the Armed Forces of the Philippines
but upon learning that hazing will be committed on his person, is
and the Philippine National Police as approved by the Secretary of
prevented from quitting;
National Defense and the National Police Commission duly
(3.) recruit, neophyte or applicant having undergone hazing
recommended by the Chief of Staff, Armed Forces of the Philippines
is prevented from reporting the unlawful act to his parents or
and the Director General of the Philippine National Police shall not be
guardians, to the proper school authorities, or to the police authorities,
considered as hazing for the purposes of this Act.
through force, violence, threat or intimidation;

(2) Allowed Initiation Rites


(4) hazing is committed outside of the school or institution; or
Sec. 2. No hazing or initiation rites in any form or manner by a
victim is below twelve (12) years of age at the time of the hazing.
fraternity, sorority or organization shall be allowed without prior
written notice to the school authorities or head of organization seven
(7) days before the conduct of such initiation. The written notice shall The owner of the place where hazing conducted shall be liable as an
indicate the period of the initiation activities which shall not exceed accomplice, when he has actual knowledge of the hazing conducted
three (3) days, shall include the names of those to be subjected to such therein but failed to take any action to prevent the same from
activities, and shall further contain an undertaking that no physical occurring. If the hazing is held in the home of one of the officers or
violence be employed by anybody during such initiation rites. Sec. 3. members of the fraternity, group, or organization, the parents shall be
The head of the school or organization or their representatives must held liable as principals when they have actual knowledge of the
assign at least two (2) representatives of the school or organization, as hazing conducted therein but failed to take any action to prevent the
the case may be, to be present during the initiation. It is the duty of same from occurring.
such representative to see to it that no physical harm of any kind shall
be inflicted upon a recruit, neophyte or applicant. The school authorities including faculty members who consent to
the hazing or who have actual knowledge thereof, but failed to take
(3) Who Are Liable / Punishable Acts any action to prevent the same from occurring shall be punished as
Section 4. If the person subjected to hazing or other forms of initiation accomplices for the acts of hazing committed by the perpetrators.
rites suffers any physical injury or dies as a result thereof, the officers
and members of the fraternity, sorority or organization who actually The officers, former officers, or alumni of the organization, group,
participated in the infliction of physical harm shall be liable as fraternity or sorority who actually planned the hazing although not
principals. The person or persons who participated in the hazing shall present when the acts constituting the hazing were committed shall be
suffer the penalty of: liable as principals. A fraternity or sorority's adviser who is present
reclusion perpetua (life imprisonment) if death, rape, when the acts constituting the hazing were committed and failed to
sodomy or mutilation results therefrom. take action to prevent the same from occurring shall be liable as
reclusion temporal in its maximum period if in principal.
consequence of the hazing the victim shall become insane, imbecile,
impotent or blind.
The presence of any person during the hazing is prima facie evidence prescribed for the consummated felony under Section 5 hereof shall be
of participation therein as principal unless he prevented the imposed upon the principals of the attempt to commit the crime of
commission of the acts punishable herein. child prostitution under this Act, or, in the proper case, under the
Revised Penal Code.
Any person charged under this provision shall not be entitled to the
mitigating circumstance that there was no intention to commit so grave Child Trafficking/Punishable Acts
a wrong. Section 7. Child Trafficking. Any person who shall engage in trading
and dealing with children including, but not limited to, the act of
This section shall apply to the president, manager, director or other buying and selling of a child for money, or for any other consideration,
responsible officer of a corporation engaged in hazing as a or barter, shall suffer the penalty of reclusion temporal to reclusion
requirement for employment in the manner perpetua. The penalty shall be imposed in its maximum period when
provided herein. the victim is under twelve (12) years of age.

RA 7610: SPECIAL PROTECTION OF CHILDREN AGAINST Section 8. Attempt to Commit Child Trafficking. There is an attempt
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT to commit child trafficking under Section 7 of this Act: (1) When a
Coverage child travels alone to a foreign country without valid reason therefor
"Children" - person below 18 years of age or those over but are and without clearance issued by the Department of Social Welfare and
unable to fully take care of themselves or protect themselves from Development or written permit or justification from the child's parents
abuse, neglect, cruelty, exploitation or discrimination because of a or legal guardian;
physical or mental disability or condition. (2) When a person, agency, establishment or child-caring
Child Prostitution/Punishable Acts institution recruits women or couples to bear children for the purpose
Section 5. Child Prostitution and Other Sexual Abuse. Children, of child trafficking;
whether male or female, who for money, profit, or any other (3) When a doctor, hospital or clinic official or employee,
consideration or due to the coercion or influence of any adult, nurse, midwife, local civil registrar or any other person simulates birth
syndicate or group, indulge in sexual intercourse or lascivious conduct, for the purpose of child trafficking; or
are deemed to be children exploited in prostitution and other sexual (4) When a person engages in the act of finding children
abuse. among low-income families, hospitals, clinics, nurseries, day- care
The penalty of reclusion temporal in its medium period to centers, or other child-caring institutions who can be offered for the
reclusion perpetua shall be imposed upon the following: purpose of child trafficking.
(1) Those who engage in or promote, facilitate or induce
child prostitution which include, but are not limited to, the following: A penalty lower two (2) degrees than that prescribed for the
a. Acting as a procurer of a child prostitute; consummated felony under Section 7 hereof shall be imposed upon the
b. Inducing a person to be a client of a child prostitute by principals of the attempt to commit child trafficking.
means of written or oral advertisements or other similar means;
c. Taking advantage of influence or relationship to procure a child as RA 9344: JUVENILE JUSTICE AND WELFARE ACT (AS
prostitute; FURTHER AMENDED BY THE RA 10630 / THE ACT
d. Threatening or using violence towards a child to engage him as a STRENGTHENING THE JUVENILE JUSTICE SYSTEM IN
prostitute; or THE PHILIPPINES)
e. Giving monetary consideration goods or other pecuniary benefit to a
child with intent to engage such child in prostitution. "Child in Conflict with the Law" - a child who is alleged as, accused
of, or adjudged as, having committed an offense under Philippine laws.
(2) Those who commit the act of sexual intercourse of lascivious "Juvenile Justice and Welfare System refers to a system dealing
conduct with a child exploited in prostitution or subject to other sexual with children at risk and children in conflict with the law, which
abuse; Provided, That when the victims is under twelve (12) years of provides child-appropriate proceedings, including programs and
age, the perpetrators shall be prosecuted under Article 335, paragraph services for prevention, diversion, rehabilitation, re-integration and
3, for rape and Article 336 of Act No. 3815, as amended, the Revised aftercare to ensure their normal growth and development.
Penal Code, for rape or lascivious conduct, as the case may be:
Provided, That the penalty for lascivious conduct when the victim is Punishable Acts
under twelve (12) years of age shall be reclusion temporal in its SEC. 60. Prohibition Against Labeling and Shaming. - In the conduct
medium period; and of the proceedings beginning from the initial contact with the child, the
competent authorities must refrain from branding or labeling children
(3) Those who derive profit or advantage therefrom, whether as as young criminals, juvenile delinquents, prostitutes or attaching to
manager or owner of the establishment where the prostitution takes them in any manner any other derogatory names. Likewise, no
place, or of the sauna, disco, bar, resort, place of entertainment or discriminatory remarks and practices shall be allowed particularly with
establishment serving as a cover or which engages in prostitution in respect to the child's class or ethnic origin.
addition to the activity for which the license has been issued to said SEC. 61. Other Prohibited Acts. - The following and any other similar
establishment. acts shall be considered prejudicial and detrimental to the
psychological, emotional, social, spiritual, moral and physical health
Section 6. Attempt To Commit Child Prostitution. There is an and well-being of the child in conflict with the law and therefore,
attempt to commit child prostitution under Section 5, paragraph (a) prohibited:
hereof when any person who, not being a relative of a child, is found (1) Employment of threats of whatever kind and nature;
alone with the said child inside the room or cubicle of a house, an inn, (2) Employment of abusive, coercive and punitive
hotel, motel, pension house, apartelle or other similar establishments, measures such as cursing, beating, stripping, and solitary confinement;
vessel, vehicle or any other hidden or secluded area under (3) Employment of degrading, inhuman end cruel forms of
circumstances which would lead a reasonable person to believe that the punishment such as shaving the heads, pouring irritating, corrosive or
child is about to be exploited in prostitution and other sexual abuse. harmful substances over the body of the child in conflict with the law,
or forcing him/her to walk around the community wearing signs which
embarrass, humiliate, and degrade his/her personality and dignity; and
There is also an attempt to commit child prostitution, under paragraph
(4) Compelling the child to perform involuntary servitude
(b) of Section 5 hereof when any person is receiving services from a
in any and all forms under any and all instances.
child in a sauna parlor or bath, massage clinic, health club and other
SEC. 62. Violation of the Provisions of this Act or Rules or Regulations
similar establishments. A penalty lower by two (2) degrees than that
in General. - Any person who violates any provision of this Act or any (6) PD 1866, as amended (Decree Codifying
rule or regulation promulgated in accordance thereof shall, upon the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in,
conviction for each act or omission, be punished by a fine of not less Acquisition or Disposition of Firearms, Ammunitions or Explosives)
than P20,000 but not more than P50,000 or suffer imprisonment of
8-10 years, or both such fine and imprisonment at the discretion of the thereby sowing and creating a condition of widespread and
court, unless a higher penalty is provided for in the RPC or special extraordinary fear and panic among the populace, in order to coerce the
laws. If the offender is a public officer or employee, he/she shall, in government to give in to an unlawful demand, shall be guilty of the
addition to such fine and/or imprisonment, be held administratively crime of terrorism and shall suffer the penalty of forty (40) years of
liable and shall suffer the penalty of perpetual absolute disqualification. imprisonment, without the benefit of parole as provided for under Act
No. 4103, otherwise known as the Indeterminate Sentence Law, as
PD 603: CHILD AND YOUTH WELFARE CODE amended.
Punishable Acts
Article 59. Crimes. - Criminal liability shall attach to any parent who: Sec. 6 Accessory Any person who, having knowledge of the
Conceals or abandons the child with intent to make such commission of the crime of terrorism or conspiracy to commit
child lose his civil status. terrorism, and without having participated therein, either as principal
Abandons the child under such circumstances as to deprive or accomplice under Articles 17 and 18 of the RPC, takes part
him of the love, care and protection he needs. subsequent to its commission in any of the following manner: (a) by
Sells or abandons the child to another person for valuable profiting himself or assisting the offender to profit by the effects of the
consideration. crime; (b) by concealing or destroying the body of the crime, or the
Neglects the child by not giving him the education which effects or instruments thereof, in order to prevent discovery; (c) by
the family's station in life and financial conditions permit. harboring, concealing, or assisting in the escape of the principal or
Fails or refuses, without justifiable grounds, to enroll the conspirator of the crime, shall suffer the penalty of ten (10) years and
child as required by Article 72. one day to twelve years of imprisonment.
Causes, abates, or permits the truancy of the child from the
school where he is enrolled. "Truancy" as here used means absence Notwithstanding the above paragraph, the penalties prescribed for
without cause for more than 20 schooldays, not necessarily accessories shall not be imposed upon those who are such with respect
consecutive. to their spouses, ascendants, descendants, legitimate, natural and
It shall be the duty of the teacher in charge to report to the adopted brothers and sisters, or relatives by affinity within the same
parents the absences of the child the moment these exceed 5 degree, with the single exception of accessories falling within the
schooldays. provisions of subparagraph (a).
Improperly exploits the child by using him, directly or
indirectly, such as for purposes of begging and other acts which are Title IX. Crimes against
inimical to his interest and welfare.
Inflicts cruel and unusual punishment upon the child or
Personal Liberty and Security
deliberately subjects him to indignation and other excessive
chastisement that embarrass or humiliate him.
Causes or encourages the child to lead an immoral or Chapter I: Crimes against Liberty
dissolute life. (1) Article 267 - Kidnapping and Serious
Permits the child to possess, handle or carry a deadly Illegal Detention
weapon, regardless of its ownership. (2) Article 268 - Slight Illegal Detention
Allows or requires the child to drive without a license or (3) Article 269 - Unlawful Arrest
with a license which the parent knows to have been illegally procured. (4) Article 270 - Kidnapping and Failure to
If the vehicle driven by the child belongs to Return a Minor
the parent, it shall be presumed that he permitted or ordered the child (5) Article 271 - Inducing a Minor to Abandon
to drive. His Home
(6) Article 272 Slavery
(7) Article 273 - Exploitation of Child Labor
"Parents" as here used shall include the guardian and the head of the
(8) Article 274 - Services Rendered Under Compulsion in
institution or foster home which has custody of the child.
Payment of Debt

RA 9372: HUMAN SECURITY ACT OF 2007


Chapter II: Crimes against Security
Punishable Acts of Terrorism/Who are Liable Sec. 3 Terrorism
(1) Article 275 - Abandonment of Persons in
Any person who commits an act punishable under any of the following
Danger and Abandonment of Own Victim
provisions of the RPC:
(2) Article 276 - Abandoning a Minor
(1) Art. 122 (Piracy in General and Mutiny in the High
(3) Article 277 - Abandonment of Minor by
Seas or in Philippine Waters);
Person Entrusted With Custody; Indifference of Parents
(2) Art. 134 (Rebellion or Insurrection);
(4) Article 278 - Exploitation of Minors
(3) Art. 143-A (Coup d Etat), including acts
(5) Article 280 - Qualified Trespass to
committed by private persons;
Dwelling
(4) Art.248(Murder);
(6) Article 281 - Other Forms of Trespass
(5) Art. 267 (Kidnapping and Serious Illegal
(7) Article 282 - Grave Threats
Detention);
(8) Article 283 - Light Threats
(6) Art.324(CrimesInvolvingDestruction);

or under these special laws: (9) Article 284 - Bond for Good Behavior
(1) PD 1613 (The Law on Arson); (10) Article 285 - Other Light Threats
(2) RA 6969 (Toxic Substances and Hazardous (11) Article 286 - Grave Coercions
and Nuclear Waste Control Act of 1990); (12) Article 287 - Light Coercions
(3) RA 5207 (Atomic Energy Regulatory and (13) Article 288 - Other Similar Coercions
Liability Act of 1968); (14) Article 289 - Formation, Maintenance, and
(4) RA6235(Anti-HijackingLaw); Prohibition of Combination of Capital or Labor through Violence or
(5) PD 532 (Anti-Piracy and Anti-Highway Threats
Robbery Law of 1974) and,
Chapter III: Discovery and Revelation of Secrets It is essential that there be actual confinement or restriction of the
(1) Article 290 - Discovering Secrets through person of the offended party. It is not necessary that the victim be
Seizure of Correspondence placed in an enclosure, as long as he is deprived, in any manner, of his
(2) Article 291 - Revealing Secrets with Abuse liberty.
of Office
(3) Article 292 - Revelation of Industrial It suffices that there be actual or manifest restraint on the person or
Secrets liberty of the victim. Accused were guilty of kidnapping although the
victim was found, at the time of her rescue, outside of the house where
she was brought, talking to the house owner who was the uncle of the
CHAPTER I CRIMES AGAINST LIBERTY accused. Her failure to attempt to escape was explained by her to be
due to her fear and threats of the accused to kill her should she do so.
ARTICLE 267 - KIDNAPPING AND SERIOUS ILLEGAL In kidnapping, it is not necessary that the offended party be kept within
DETENTION an enclosure to restrict her freedom of locomotion. [People v. Cortez,
et al., 2000]
Elements:
(a) Offender is a private individual; The victims lack of consent is also a fundamental element of
(b) He kidnaps or detains another, or in any kidnapping and serious illegal detention. The involuntariness of the
other manner deprives the latter of his seizure and detention is the very essence of the crime. Although the
liberty; victim may have initially consented to go with the offender to a place,
(c) The act of detention or kidnapping must be
illegal; but the victim is thereafter prevented, with the use of force, from
(d) In the commission of the offense,any of the following leaving the place where he was brought to with his consent and is
circumstances is present: detained against his will, the offender is still guilty of kidnapping and
(1) The kidnapping lasts for more than 3 days; serious illegal detention. [People v. Pickrell, 2003]
(2) It is committed simulating public authority;
(3) Any serious physical injuries are inflicted upon the When detention is illegal
person kidnapped or detained or threats to kill him are made; or It is not ordered by competent authority nor permitted by law.
(4) The person kidnapped or detained is a minor, female, or
a public officer. Special complex crime of Kidnapping with Murder
When the victim dies or is killed as a consequence of the detention,
The essential element of kidnapping is the deprivation of the offended which is covered by the last paragraph of Art. 267 as amended.
partys liberty under any of the four instances enumerated. But when
the kidnapping was committed for the purpose of extorting ransom, it Forcible abduction
is not necessary that one or any of circumstances enumerated be If a woman is transported from one place to another by virtue of
present. restraining her of her liberty, and that act is coupled with lewd designs.

If kidnapping be committed under element d (2), (3), or (4), it is not Serious illegal detention
necessary that the kidnapping last for more than 3 days. If a woman is transported just to restrain her of her liberty. There is no
lewd design or lewd intent.
QUALIFYING CIRCUMSTANCES (penalty death)
(1) Purpose is to extort ransom. Grave coercion
(2) When the victim is killed or dies as a If a woman is carried away just to break her will, to compel her to
consequence of the detention. agree to the demand or request by the offender.
(3) When the victim is raped.
(4) When victim is subjected to torture or
Illegal Detention
dehumanizing acts.
Committed by a private individual who unlawfully deprives a person

of his liberty
The offenders here are private individuals or public officers acting in
Crime against personal liberty
their private capacity. If they are public officers, they are covered by
the crimes under Title 2.
Arbitrary Detention
Committed by public officer or employee who detains a person without
When a public officer conspires with a private person in the
legal ground
commission of any of the crimes under Title IX, the crime is also one
Crime against the fundamental laws of the State
committed under this title and not under Title II.

Where the evident purpose of taking the victim was to kill him, and
The purpose is immaterial when any of the circumstances in the first
from the acts of the accused it cannot be inferred that the latters
paragraph of Art. 267 is present.
purpose was to actually detain or deprive the victim of his liberty, the
subsequent killing of the victim did not constitute the crime of
Ransom kidnapping. The demand for ransom did not convert the crime into
Means money, price or consideration paid or demanded for the kidnapping, since no deprivation of liberty was involved. [People v
redemption of a captured person that would release him from captivity. Padica (1993)]
No specific form of ransom is required to consummate the felony as
long as the ransom was intended as a bargaining chip in exchange for
The essence of kidnapping is the actual deprivation of the victims
the victims freedom. Whether or not ransom is actually paid to or
liberty coupled with the intent of the accused to effect it. [People v
received by the perpetrator is of no moment. [People v. Jatulan, 2007]
Luartes (1999)]

Actual demand for ransom is not necessary, as long as it can be proven


Physical detention is not necessary. It is enough that the victim is under
that the kidnapping was done for the purpose of extorting money.
the complete control of the perpetrators as in this case when the
Japanese victim had to rely on his abductors for survival after he was
tricked into believing that the police was after him. It was also held in
this case that keeping a person as collateral for payment of an Elements:
obligation is kidnapping. [People v. Tomio] (a) Offender is a private individual;
(b) He kidnaps or detains another, or in any
Leaving a child in a place from which he did not know the way home, other manner deprives him of his liberty.
even if he had the freedom to roam around the place of detention, (c) The act of kidnapping or detention is
would still amount to deprivation of liberty, for under such a situation, illegal;
the childs freedom remains at the mercy and control of the abductor. (d) The crime is committed without the
[People v Baluya, 2011] attendance of any of the circumstances enumerated in Article 267.

This felony is committed if any of the five circumstances in the
The elements of kidnapping for ransom under Article 267 of the RPC
commission of kidnapping or detention enumerated in Article 267 is
as amended by RA 7659 warranting the imposition of the death
not present.
penalty are as follows:
(1) intent on the part of the accused to deprive the victim of
his liberty; Privileged mitigating circumstances
(2) actual deprivation of the victim of his liberty; and The penalty is lowered if:
(3) motive of the accused, which is extorting ransom for the (1) The offended party is voluntarily released
release of the victim. within three days from the start of illegal
detention;
(2) Without attaining the intended purpose;
AND
Neither actual demand for nor payment of ransom is necessary for the
(3) Before the institution of the criminal action.
consummation of the felony. It is sufficient that the deprivation of
liberty was for extorting ransom even if none of the four circumstances
mentioned in Article 267 were present in its perpetration. [People v.
Cenahonon (2007)] The prevailing rule now is Asistio v. Judge, which provides that
voluntary release will only mitigate criminal liability if crime was
slight illegal detention. If serious, it has no effect.
Article 267 has been modified by RA 7659 (an act to impose the death
penalty on certain heinous crimes, amending for that purpose the
revised penal laws, as amended, other special penal laws, and for The liability of one who furnishes the place where the offended party is
other purposes) in the following respects: (1) Illegal detention being held captive is that of a principal and not of an accomplice.
becomes serious when it shall have lasted for more than three days,
instead of five days as originally provided; ARTICLE 269 - UNLAWFUL ARREST
(2) In paragraph 4, if the person kidnapped or detained was
a minor and the offender was anyone of the parents, the latter has been Elements
expressly excluded from the provision. The liability of the parent is (a) Offender arrests or detains another person;
provided for in the last paragraph of Article 271; (b) The purpose of the offender is to deliver him to the
(3) A paragraph was added to Article 267, which states: proper authorities;
When the victim is killed or dies as a consequence of the detention or (c) The arrest or detention is not authorized by law or there
is raped, or is subjected to torture, or dehumanizing acts, the maximum is no reasonable ground therefor.
penalty shall be imposed.
(4) The amendment introduced in our criminal statutes the This felony consists in making an arrest or detention without legal or
concept of "special complex crime" of kidnapping with murder or reasonable ground for the purpose of delivering the offended party to
homicide. the proper authorities.
(5) It eliminated the distinction drawn by the courts
between those cases where the killing of the kidnapped victim was Generally, this crime is committed by incriminating innocent persons
purposely sought by the accused, and those where the killing of the by the offenders planting evidence to justify the arrest a complex
victim was not deliberately resorted to but was merely an afterthought. crime results, that is, unlawful arrest through incriminatory
(6) Although the victim was raped 27 times, there is only machinations under Article 363.
one crime of kidnapping with rape, not kidnapping with rape and 26
separate counts of rape. In a way, R.A. 7659 depreciated the
If the arrest is made without a warrant and under circumstances not
seriousness of rape because no matter how many times the victim was
allowing a warrantless arrest, the crime would be unlawful arrest.
raped, like in the present case, there is only one crime committed the
special complex crime of kidnapping with rape. [People v Felipe
Mirandilla, 2011] If the person arrested is not delivered to the authorities, the private
individual making the arrest incurs criminal liability for illegal
detention under Article 267 or 268.
Kidnapping with Rape
Lewd design came after the intent to kidnap the victim
It is a special complex crime If the offender is a public officer, the crime is arbitrary detention under
If there is an attempted rape, it shall be considered as a separate crime Article 124.
If there are multiple rapes, there is only one special complex crime of
Kidnapping with Rape If the detention or arrest is for a legal ground, but the public officer
delays delivery of the person arrested to the proper judicial authorities,
Forcible Abduction with Rape then Article 125 will apply.
At the outset, there is already lewd design
It is a complex crime under Art 48 of RPC since forcible abduction is a Note: This felony may also be committed by public officers.
necessary means of committing the crime of rape
If there is an attempted rape, the crime committed is only forcible Unlawful Arrest vs. Delay in the Delivery of Detained Persons
abduction, the former being an expression of a lewd design
If there are multiple rapes, only one is complexed with forcible Unlawful Arrest
abduction and the rest shall be considered as separate crimes. Detention is for some legal ground.
Crime is committed by failing to deliver such person to the proper
ARTICLE 268 SLGHT ILLEGAL DETENTION judicial authority within a certain period.
The law is intended to discourage and prevent disruption of filial
Delay in the Delivery of Detained Persons relationships and undue interference with the parents right and duty to
Detention is not authorized by law. the custody of their minor children and to rear them.
Committed by making an arrest not authorized by law
ARTICLE 272 - SLAVERY
ARTICLE 270 - KIDNAPPING AND FAILURE TO RETURN A Elements:
MINOR (a) Offender purchases, sells, kidnaps or detains a human being;
Elements: (b) The purpose of the offender is to enslave such human being.
(a) Offender is entrusted with the custody of a minor
person (whether over or under seven years but less than 18 years of This is committed if anyone shall purchase, kidnap, or detain a human
age) being for the purpose of enslaving him.
(b) He deliberately fails to restore the said minor to his
parents or guardians The penalty is increased if the purpose of the offender is to assign the
If any of the foregoing elements is absent, the kidnapping of the minor offended party to some immoral traffic.
will then fall under Article 267.

If the purpose of the kidnapping or detention is to enslave the offended


The essential element which qualifies the crime of kidnapping a minor party, slavery is committed.
under Art. 270 is that the offender is entrusted with the custody of the
minor.
The crime is slavery if the offender is not engaged in the business of
prostitution. If he is, the crime is white slave trade under Article 341.
If the accused is any of the parents, Article 267 does not apply; Articles
270 and 271 will then apply.
The employment or custody of a minor with the consent of the parent
or guardian, although against the childs own will, cannot be
If the taking is with the consent of the parents, the crime in Article 270 considered involuntary servitude.
is committed.

But where it is proven that the defendant was obliged to render service
What is punished is the deliberate failure of the custodian of the minor in plaintiffs house as a servant without remuneration whatever and to
to restore the latter to his parents or guardians. remain there so long as she has not paid her debt, there is slavery.

The deliberate failure to return a minor under ones custody constitutes See Special Law: RA 9208 (Anti-Trafficking of Person Act of 2003)
deprivation of liberty. Kidnapping and failure to return a minor is
necessarily included in kidnapping and serious illegal detention of a
ARTICLE 273 - EXPLOITATION OF CHILD LABOR
minor under Article 267(4). [People v. Generosa]

Elements:
Where a minor child was taken by the accused without the knowledge
(a) Offender retains a minor in his services;
and consent of his parents, the crime is kidnapping and serious illegal
(b) It is against the will of the minor;
detention under Article 267, not kidnapping and failure to return a
(c) It is under the pretext of reimbursing
minor under Article 270. [People v. Mendoza]
himself of a debt incurred by an ascendant, guardian or person

entrusted with the custody of such minor.


Art. 270 distinguished from Art. 267

Art. 270
The existence of indebtedness constitutes no legal justification for
Offender is entrusted with the custody of the minor
holding a person and depriving him of his freedom to live where he
What is punished is the illegal detaining or kidnapping of the minor
wills.

Art. 267
ARTICLE 274 - SERVICES RENDERED UNDER
The offender is not entrusted with the custody of the minor. What is
COMPULSION IN PAYMENT OF DEBT
punished is the deliberate failure of the offender having custody of the
minor to restore him to his parents or guardians
Elements:
(a) Offender compels a debtor to work for him, either as a
ARTICLE 271 - INDUCING A MINOR TO ABANDON HIS
household servant or farm laborer;
HOME
(b) It is against the debtors will;
Elements:
(c) The purpose is to require or enforce the
(a) A minor (whether over or under seven years of age) is
payment of a debt.
living in the home of his parents or guardians or the person entrusted

with his custody;
Service under Compulsion distinguished from Exploitation of
(b) Offender induces said minor to abandon such home.
Child Labor

Service under Compulsion


Inducement must be (a) actual, and (b) committed with criminal
Does not distinguish whether or not the victim is a minor
intent.
The debtor himself is the one compelled to work for the offender
Limited to household work or farm labor
The minor should not leave his home of his own free will. What Exploitation of Child Labor
constitutes the crime is the act of inducing a minor to abandon the Victim must be a minor
home of his guardian, and it is not necessary that the minor actually The minor is compelled to render services for the supposed debt of his
abandons the home. parents or guardian
Service is not limited
Father or mother may commit the crimes in Art. 170 and 171 where
they are living separately and the custody of the minor children is CHAPTER II: CRIME AGAINST SECURITY
given to one of them. ARTICLE 275 - ABANDONMENT OF PERSONS IN DANGER
ABANDONMENT OF OWN VICTIM
Mode 1: W/O detriment to self MODE 1: W/O consent of guardian
Failing to render assistance to any person whom the offender finds in Delivering a minor to a public institution or other persons without the
an uninhabited place, wounded or in danger of dying when he can consent of the one who entrusted such minor to the care of the offender
render such assistance without detriment to himself, unless such or, in the absence of that one, without the consent of the proper
omission shall constitute a more serious offense. authorities;
Elements: Elements:
(1) The place is not inhabited; (a) Offender has charge of the rearing or education of a
(2) Accused found there a person wounded or minor;
in danger of dying; (b) He delivers said minor to a public institution or other
(3) Accused can render assistance without persons;
detriment to himself; (c) The one who entrusted such child to the offender has
(4) Accused fails to render assistance. not consented to such act; or if the one who entrusted such child to the
offender is absent, the proper authorities have not consented to it.
MODE 2: accidentally wound another
Failing to help or render assistance to another whom the offender has MODE 2: neglecting education
accidentally wounded or injured; Neglecting his (offenders) children by not giving them the education
which their station in life requires and financial condition permits.
MODE 3: abandoning a child < 7 Elements:
By failing to deliver a child, under seven years of age, whom the (a) Offender is a parent;
offender has found abandoned, to the authorities or to his family, or by (b) He neglects his children by not giving
failing to deliver him to a safe place. them education;
(c) His station in life requires such education
and his financial condition permits it.
Does not apply: When a person intentionally wounds another and

leaves him in an uninhabited place.
Obligation to educate children terminates if the mother and children
refuse without good reason to live with the accused.
Immaterial: That the offender did not know that the child is under
seven years.
Failure to give education must be due to deliberate desire to evade such
obligation. If the parents cannot give education because they had no
The child under seven years of age must be found by the accused in an means to do so, then they will not be liable under this article.
unsafe place.

ARTICLE 278 - EXPLOITATION OF MINORS


ARTICLE 276 - ABANDONING A MINOR

Mode 1: Physical strength/contortion


Elements: Causing any boy or girl under 16 years of age to perform any
(a) Offender has the custody of a child; dangerous feat of balancing, physical strength or contortion, the
(b) The child is under seven years of age; offender being any person;
(c) He abandons such child;
(d) He has no intent to kill the child when the
Mode 2: exhibition/acrobat/circus
latter is abandoned.
Employing children under 16 years of age who are not the children or
descendants of the offender in exhibitions of acrobat, gymnast, rope-
Circumstances qualifying the offense: walker, diver, or wild-animal tamer, the offender being an acrobat, etc.,
(1) When the death of the minor resulted from such or circus manager or engaged in a similar calling;
abandonment; or
(2) If the life of the minor was in danger because of the
Mode 3: descendant employed like 2
abandonment.
Employing any descendant under 12 years of age in dangerous
exhibitions enumerated in the next preceding paragraph, the offender
The purpose in abandoning the minor under his custody is to avoid the being engaged in any of the said callings;
obligation of taking care of said minor.

Mode 4: delivering child under 16 to be employed like 2


A permanent, conscious and deliberate abandonment is required in this Delivering a child under 16 years of age gratuitously to any person
article. There must be an interruption of the care and protection the following any of the callings enumerated in mode 2, or to any habitual
minor needs by reason of his age. vagrant or beggar, the offender being an ascendant, guardian, teacher
or person entrusted in any capacity with the care of such child;
Intent to kill cannot be presumed from the death of the child. When
there is intent to kill, this article does not apply. Mode 5: inducing child under 16 to abandon home to be employed
like 2
The ruling that the intent to kill is presumed from the death of the Inducing any child under 16 years of age to abandon the home of its
victim of the crime is applicable only to crimes against persons, and ascendants, guardians, curators or teachers to follow any person
not to crimes against security, particularly the crime of abandoning a engaged in any of the callings mentioned in paragraph 2 or to
minor under Art. 276. accompany any habitual vagrant or beggar, the offender being any
person.
If the offender is the parent of the minor who is abandoned, he shall be
deprived of parental authority. (Civil Code, Art. 332) Circumstance qualifying the offense:
(1) If the delivery of the child to any person following any
ARTICLE 277 - ABANDONMENT OF MINOR BY PERSON of the calling of acrobat, gymnast, rope-walker, diver, wild-animal
ENTRUSTED WITH CUSTODY; INDIFFERENCE OF tamer or circus manager or to any habitual vagrant or beggar is made
PARENTS in consideration of any price, compensation or promise.
(2) The offender is engaged in a kind of business that
would place the life or limb of the minor in danger, even though
working for him is not against the will of the minor.
Fraudulent entrance may constitute trespass. The prohibition to enter
Nature of the Business: this involves circuses which generally attract may be made at any
children so they themselves may enjoy working there unaware of the
danger to their own lives and limbs. time and not necessarily at the time of the entrance.

Age: Must be below 16 years. Article 278 has no application if minor To prove that an entry is against the will of the occupant, it is not
is 16 years old and above, but the exploitation will be dealt with by RA necessary that the entry should be preceded by an express prohibition,
7610. provided that the opposition of the occupant is clearly established by
the circumstances under which the entry is made, such as the existence
If the employer is an ascendant, the crime is not committed, unless the of enmity or strained relations between the accused and the occupant.
minor is less than 12 years old.
If the offender is public officer, the crime is violation of domicile.
If the minor so employed would suffer some injuries as a result of a
violation of Article 278, Article 279 provides that there would be Examples of trespass by means of violence:
additional criminal liability for the resulting felony. (1) Pushing the door violently and maltreating the
occupants after entering.
EXPLOITATION OF MINORS (RPC 278, PAR. 5) (2) Cuttingofaribbonorstringwithwhichthe door latch of a
Purpose of inducing the minor to abandon his home is to follow any closed room was fastened. The cutting of the fastenings of the door
person engaged in any of the callings mentioned was an act of violence.
Victim is under 16 years of age (3) Wounding by means of a bolo, the owner of the house
immediately after entrance
INDUCING A MINOR TO ABANDON HIS HOME (RPC 271)
No such purpose Examples of trespass by means of intimidation:
Victim is a minor (below 18 years of age) (1) Firing a revolver in the air by persons attempting to
force their way into a house.
ARTICLE 280 - QUALIFIED TRESPASS TO DWELLING (2) The flourishing of a bolo against inmates of the house
upon gaining an entrance

Elements
In the prosecution for trespass, the material fact or circumstance to be
(a) Offender is a private person;
considered is the occurrence of the trespass. The gravamen of the
(b) He enters the dwelling of another;
crime is violation of possession or the fact of having caused injury to
(c) Such entrance is against the latters will.
the right of the possession. [Marzalado v. People]

Qualifying circumstance: The offense is committed by means of


violence or intimidation. If a person was killed after trespass by the offender, the following
crimes are committed:
o If there was no intent to kill when he entered separate
DWELLING This is the place that a person inhabits. It includes the
crimes of homicide or murder qualified by trespass to dwelling
dependencies which have interior communication with the house.
o If there was intent to kill when he entered the crime of
homicide/murder with dwelling as an aggravating circumstance
It is not necessary that it be the permanent dwelling of the person;
hence, a persons room in a hotel may be considered a dwelling. It also
Trespass may be committed by the owner of a dwelling (i.e. lessor
includes a room where one resides as a boarder.
enters the house leased to another against the latters will).

If the purpose in entering the dwelling is not shown, trespass is


Cases to which the provision of this article is NOT applicable: (1)
committed. If the purpose is shown, it may be absorbed in the crime as
If the entrance to anothers dwelling is made for the purpose of
in robbery with force upon things, the trespass yielding to the more
preventing some serious harm to himself, the occupants of the
serious crime.
dwelling, or a third person.
(2) If the purpose is to render some service to humanity or
If the purpose is not shown and while inside the dwelling he was found justice.
by the occupants, one whom he subsequently injured if there was a (3) If the place where entrance is made is a caf, tavern,
struggle, the crime committed will be trespass to dwelling and inn, and other public house, while the same are open.
frustrated homicide or physical injuries, or if there was no injury,
unjust vexation. Note: A person who believes that a crime has been committed against
him has every right to go after the culprit and arrest him without any
If the entry is made by a way not intended for entry, it is presumed to warrant even if in the process he enters the house of another against the
be against the will of the occupant (example, entry through a window). latters will. [Sec. 6, Rule 113, Rules of Court]

It is not necessary that there be a breaking. ARTICLE 281 - OTHER FORMS OF TRESPASS
Elements:
Against the will This means that the entrance is, either expressly (a) Offender enters the closed premises or the fenced estate
or impliedly, prohibited or the prohibition is presumed. of another;
(b) The entrance is made while either of them is
It is a well-settled rule that whoever enters the dwelling of another at uninhabited;
late hour of the night after the inmates have retired and closed their (c) The prohibition to enter is manifest;
doors does so against their will. Prohibition is presumed. [US v (d) The trespasser has not secured the permission of the
Mesina; US v Panes] owner or the caretaker thereof.

Prohibition must be in existence prior to or at the time of entrance, but Premises signifies distinct and definite locality. It may mean a room,
prohibition is not necessary when violence or intimidation is employed shop, building or definite area, but in either case, locality is fixed.
by the offender (qualified trespass).
Qualified Trespass vs. Other Forms of Trespass The penalties for the first two types of grave threats depend upon the
penalties for the crimes threatened to be committed. One degree lower
QUALIFIED TRESPASS TO DWELLING if the purpose is attained, and two degrees lower if the purpose is not
(ART. 280) attained.
Offender is a private person
Offender enters a dwelling If the threat is not subject to a condition, the penalty is fixed at arresto
Place entered is inhabited mayor and a fine not exceeding 500 pesos.
Act constituting the crime is entering the dwelling against the will of
the owner In the first two types, if the threat is made in writing or through a
Prohibition to enter is express or implied middleman, the penalty is to be imposed in its maximum period.

The third type of grave threats must be serious and deliberate; the
offender must persist in the idea involved in his threats. The threat
OTHER FORMS OF TRESPASS should not be made in the heat of anger, because such is punished
(ART. 281) under Article 285. If the condition is not proved, it is grave threats of
The offender is any person the third type.
Offender enters closed premises or fenced estate
Place entered is uninhabited ARTICLE 283 - LIGHT THREATS
It is the entering the closed premises or the fenced estate without Elements:
securing the permission of the owner or caretaker thereof (a) Offender makes a threat to commit a wrong;
Prohibition to enter must be manifest (b) The wrong does not constitute a crime;
(c) There is a demand for money or that other condition is
ARTICLE 282 - GRAVE THREATS imposed, even though not
Mode 1: threatening, even not unlawful unlawful;
Threatening another with the infliction upon his person, honor or (d) Offender has attained his purpose or, that
property or that of this family of any wrong amounting to a crime and he has not attained his purpose.
demanding money or imposing any other condition, even though not
unlawful, and the offender attained his purpose; The harm threatened must not be in the nature of crime and there is a
Elements: demand for money or any other condition is imposed, even though
(a) Offender threatens another person with the infliction lawful.
upon the latters person, honor or property, or upon that of the latters
family, of any wrong. Blackmailing may be punished under this article.
(b) Such wrong amounts to a crime.
(c) There is a demand for money or that any other
GRAVE THREATS
condition is imposed, even though
Act threatened amounts to a crime
not unlawful.
LIGHT THREATS
(d) Offender attains his purpose.
Act threatened does not amount to a crime
Mode 2: threat w/o attaining purpose
Making such threat without the offender attaining his purpose; Mode
3: threat = crime ARTICLE 284 - BOND FOR GOOD BEHAVIOR
Threatening another with the infliction upon his person, honor or When a person is required to give bail bond:
property or that of his family of any wrong amounting to a crime, the (1) When he threatens another under the circumstances
threat not being subject to a condition. mentioned in Art. 282 (Grave Threats).
Elements: (2) When he threatens another under the circumstances
(a) Offender threatens another person with the mentioned in Art. 283 (Light Threats).
infliction upon the latters person, honor or property, or upon that
of the latters family, of any wrong. Bond for Good Behavior distinguished from Bond to Keep the
(b) Such wrong amounts to a crime. Peace
(c) Threat is not subject to a condition. Bond for Good Behavior
Applicable only to grave threats and light threats
Qualifying Circumstance: If threat was made If offender fails to give bail, he shall be sentenced to destierro
(1) in writing OR NOT a distinct penalty
(2) through a middleman. Bond to Keep the Peace
Not made applicable to any particular case
If the offender fails to give bond, he shall be detained for a period not
It is essential that there be intimidation.
exceeding 6 months (if prosecuted for grave/less grave felony) or not
exceeding 30 days (light felony) A distinct penalty
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 ARTICLE 285 OTHER LIGHT THREATS
threats were made. It is sufficient that the threats came to the Mode 1: threat w/weapon in a quarrel
knowledge of the offended party. Threatening another with a weapon, or by drawing such weapon in a
quarrel, unless it be in lawful self-defense;
When consummated: As soon as the threats came to the knowledge of Mode 2: oral threat = crime, in anger
the offended party. Orally threatening another, in the heat of anger, with some harm
constituting a crime, without persisting in the idea involved in his
Threats made in connection with the commission of other crimes are threat;
absorbed by the latter. Mode 3: oral threat = not felony
Orally threatening to do another any harm not constituting a felony.
The offender in grave threats does not demand the delivery on the spot Under the first type, the subsequent acts of the offender must show that
of the money or other personal property demanded by him. When he did not persist in the idea involved in the threat. Threats which are
threats are made and money is taken on the spot, the crime may be ordinarily grave threats, if made in the heat of anger, may be other light
robbery with intimidation. threats.
If the threats are directed to a person who is absent and uttered in a Coercion is consummated even if the offended party did not accede to
temporary fit of anger, the offense is only other light threats. the purpose of coercion.

OTHER LIGHT THREATS The owner of a thing has no right to prohibit the interference of
No demand for money another with the same, if the interference is necessary to avert an
No condition imposed imminent danger and the threatened damage, compared to the damage
Threat is not deliberate arising to the owner from the interference, is much greater. (Art. 432,
GRAVE THREATS AND LIGHT THREATS Civil Code)
In certain cases, demand for money is material
In certain cases, imposed condition is material Neither the crime of threats nor coercion is committed although the
Threat is deliberate accused, a branch manager of a bank made the complainant sign a
withdrawal slip for the amount needed to pay the spurious dollar check
ARTICLE 286 - GRAVE COERCIONS she had encashed, and also made her execute an affidavit regarding the
Mode 1: preventing w/violence, something not prohibited by law return of the amount against her better sense and judgment. The
Preventing another, by means of violence, threats or intimidation, from complainant may have acted reluctantly and with hesitation, but still, it
doing something not prohibited by law; Mode 2: compelling another was voluntary. [Lee v. CA]
to do something vs. will
Compelling another, by means of violence, threats or intimidation, to ARTICLE 287 - LIGHT COERCIONS
do something against his will, whether it be right or wrong. Elements:
Elements: (a) Offender must be a creditor;
(a) A person prevented another from doing something not (b) He seizes anything belonging to his
prohibited by law, or that he compelled him to do something against debtor:
his will; be it right or wrong; (c) The seizure of the thing be accomplished
(b) The prevention or compulsion be effected by violence, by means of violence or a display of
threats or intimidation; and material force producing intimidation;
(c) The person that restrained the will and (d) The purpose of the offender is to apply the
liberty of another had not the authority of law or the right to do so, or same to the payment of the debt.
in other words, that the restraint shall not be made under authority of
law or in the exercise of any lawful right. Deals with light coercions wherein violence is employed by the
offender who is a creditor in seizing anything belonging to his debtor
Two ways of committing Grave Coercion: for the purpose of applying the same to the payment of the debt.
(1) Preventive Preventing another, by means of violence, threats, or
intimidation, from doing something not prohibited by law
Unjust Vexation
(2) Compulsive Compelling another, by means of violence, threats,
Any act committed without violence, but which unjustifiably annoys or
or intimidation, to do something against his will, whether it be right or
vexes an innocent person amounts to light coercion. It should include
wrong
any human conduct which, although not productive of some physical
or material harm would, however, unjustifiably annoy or vex an
Purpose of the Law: innocent person.
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.
Unjust Vexation is distinguished from grave coercion by the absence of
violence.
Arises only if the act which the offender prevented another to do is not
prohibited by law or ordinance. THREATS
Intimidation is essential
If a person prohibits another to do an act because the act is a crime, Intimidation is future and conditional
even though some sort of violence or intimidation is employed, it Intimidation is directed against the victim or his family
would not give rise to grave coercion. It may only give rise to threat or COERCION
physical injuries, if some injuries are inflicted. Intimidation or violence is the essence of the crime
Force or violence must be imminent, actual, and immediate
In case of grave coercion where the offended party is being compelled Intimidation is directed against the victim only
to do something against his will, whether it be wrong or not, the crime
of grave coercion is committed if violence or intimidation is employed
in order to compel him to do the act.

A public officer who shall prevent by means of violence or threats the ARTICLE 288 - COERCIONS
ceremonies or manifestations of any religion is guilty of interruption of Mode 1: force/compel to buy commodities from him
religious worship (Art. 132). Forcing or compelling, directly or indirectly, or knowingly permitting
the forcing or compelling of the laborer or employee of the offender to
Any person who, by force, prevents the meeting of a legislative body is purchase merchandise of commodities of any kind from him;
liable under Art. 143. Elements:
(a) Offender is any person, agent or officer of any
Any person who shall use force or intimidation to prevent any member association or corporation;
of Congress from attending the meetings thereof, expressing his (b) He or such firm or corporation has employed laborers
opinions, or casting his vote is liable under Art. 145. or employees;
(c) Heforcesorcompels,directlyorindirectly, or knowingly
permits to be forced or compelled, any of his or its laborers or
The crime is not grave coercion when the violence is employed to seize
employees to purchase merchandise or commodities of any kind from
anything belonging to the debtor of the offender. It is light coercion
him or from said firm or corporation.
under Art. 287.
Mode 2: wages paid by token or obj
Paying the wages due his laborer or employee by means of tokens or
object other than the legal tender currency of the Philippines, unless
expressly requested by such laborer or employee. compel him to execute what he does not want, the act should be
Elements: considered as unjust vexation.
(a) Offender pays the wages due a laborer or employee
employed by him by means of tokens or object; ARTICLE 291 - REVEALING SECRETS WITH ABUSE OF
(b) Those tokens or objects are other than the legal tender OFFICE
currency of the Philippines; Elements:
(c) Such employee or laborer does not (a) Offender is a manager, employee or servant;
expressly request that he be paid by means of tokens or objects. (b) He learns the secrets of his principal or master in such
capacity;
General rule: wages shall be paid in legal tender and the use of (c) He reveals such secrets.
tokens, promissory notes, vouchers, coupons or any other forms
alleged to represent legal tender is absolutely prohibited even when An employee, manager, or servant who came to know of the secret of
expressly requested by the employee. (Section 1, Rule VIII, Book III, his master or principal in such capacity and reveals the same shall also
Omnibus Rules Implementing the Labor Code) be liable regardless of whether or not the principal or master suffered
damages.
No employer shall limit or otherwise interfere with the freedom of any
employee to dispose of his wages. He shall not in any manner force, Essence of this crime is that the offender learned of the secret in the
compel, oblige his employees to purchase merchandise, commodities course of his employment.
or other property from the employer or from any other person. (Art.
112, Labor Code.) He is enjoying a confidential relation with the employer or master so
he should respect the privacy of matters personal to the latter.
ARTICLE 289 - FORMATION, MAINTENANCE, AND
PROHIBITION OF COMBINATION OF CAPITAL OR LABOR Reason: no one has a right to the personal privacy of another.
THROUGH VIOLENCE OR THREATS
Elements: ARTICLE 292 - REVELATION OF INDUSTRIAL SECRETS
(a) Offender employs violence or threats, in such a degree Elements:
as to compel or force the laborers or employers in the free and legal (a) Offender is a person in charge, employee or workman
exercise of their industry or work; of a manufacturing or industrial establishment;
(b) The purpose is to organize, maintain or prevent (b) The manufacturing or industrial establishment has a
coalitions of capital or labor, strike of laborers or lockout of employers. secret of the industry which the offender has learned;

Repealed by the Labor Code.


(c) Offender reveals such secrets;
CHAPTER III: DISCOVERY AND REVELATION OF SECRETS (d) Prejudice is caused to the owner.

ARTICLE 290 - DISCOVERING SECRETS THROUGH Secrets must relate to manufacturing processes.
SEIZURE OF CORRESPONDENCE
Elements: The act constituting the crime is revealing the secret of the industry
(a) Offender is a private individual or even a public officer which the offender has learned.
not in the exercise of his official function; The revelation of the secret might be made after the employee or
(b) He seizes the papers or letters of another; workman had ceased to be connected with the establishment.
(c) The purpose is to discover the secrets of
such another person; Prejudice is an element of the offense.
(d) Offender is informed of the contents of the papers or letters seized.

SPECIAL LAWS
This is a crime against the security of ones papers and effects. The RA 4200 (ANTI WIRE TAPPING ACT)
purpose must be to discover its effects. The act violates the privacy of
communication.
Punishable Acts
It shall be unlawful for:
According to Dean Ortega, it is not necessary that the offender should (1) Any person, not being authorized by all the
actually discover the contents of the letter. Reyes, citing People v. parties to any private communication or spoken word, to tap any wire
Singh, CA, 40 OG, Suppl. 5, 35, believes otherwise. or cable, or by using any other device or arrangement, to secretly
overhear, intercept, or record such communication or spoken word by
The last paragraph of Article 290 expressly makes the provision of the using a device commonly known as a dictaphone or dictagraph or
first and second paragraph thereof inapplicable to parents, guardians, dictaphone or walkie-talkie or tape recorder, or however otherwise
or persons entrusted with the custody of minors placed under their care described:
or custody, and to the spouses with respect to the papers or letters of (2) Any person, be he a participant or not in the act or acts
either of them. penalized in the next preceding sentence, to knowingly possess any
tape record, wire record, disc record, or any other such record, or
The teachers or other persons entrusted with the care and education of copies thereof, of any communication or spoken word secured either
minors are included in the exceptions. before or after the effective date of this Act in the manner prohibited by
this law; or to replay the same for any other person or persons; or to
Distinction from estafa, damage to property, and unjust vexation: communicate the contents thereof, either verbally or in writing, or to
(1) If the act had been executed with intent to gain, it furnish transcriptions thereof, whether complete or partial, to any other
would be estafa; person: Provided, That the use of such record or any copies thereof as
(2) If, on the other hand, the purpose was not to defraud, evidence in any civil, criminal investigation or trial of offenses
but only to cause damage to another, it would merit the qualification of mentioned in section 3 hereof, shall not be covered by this prohibition.
damage to property;
(3) If the intention was merely to cause vexation Section 2. Any person who willfully or knowingly does or who shall
preventing another to do something which the law does not prohibit or aid, permit, or cause to be done any of the acts declared to be unlawful
in the preceding section or who violates the provisions of the following
section or of any order issued thereunder, or aids, permits, or causes suspected person for, or to the solution or prevention of, any such
such violation shall, upon conviction thereof, be punished by crimes, will be obtained; and, (c) that there is no other effective means
imprisonment for not less than six months or more than six years and readily available for acquiring such evidence.
with the accessory penalty of perpetual absolute disqualification from SEC. 9. Classification and Contents of the Order of the Court. - The
public office if the offender be a public official at the time of the written order granted by the authorizing division of the Court of
commission of the offense, and, if the offender is an alien he shall be Appeals as well as its order, if any, to extend or renew the same, the
subject to deportation proceedings. original application of the applicant, including his application to extend
or renew, if any, and the written authorizations of the Anti- Terrorism
Exceptions: Council shall be deemed and are hereby declared as classified
Any peace officer, who is authorized by a written order of the Court, to information: Provided, That the person being surveilled or whose
execute any of the acts declared to be unlawful in the two preceding communications, letters, papers, messages, conversations. Discussions,
sections in cases involving the crimes of treason, espionage, spoken or written words and effects have been monitored, listened to,
provoking war and disloyalty in case of war, piracy, mutiny in the bugged or recorded by law enforcement authorities has the right to be
high seas, rebellion, conspiracy and proposal to commit rebellion, informed of the acts done by the law enforcement authorities in the
inciting to rebellion, sedition, conspiracy to commit sedition, inciting premises or to challenge, if he or she intends to do so, the legality of
to sedition, kidnapping as defined by the RPC, and violations of the interference before the Court of Appeals which issued the written
Commonwealth Act No. 616, punishing espionage and other offenses order. The written order of the authorizing division of the Court of
against national security: Provided, That such written order shall only Appeals shall specify the following: (a) the identity, such as name and
be issued or granted upon written application and the examination address, if known, of the charged or suspected person whose
under oath or affirmation of the applicant and the witnesses he may communications, messages, conversations, discussions, or spoken or
produce and a showing: written words are to be tracked down, tapped, listened to, intercepted,
and recorded and, in the case of radio, electronic, or telephonic
(whether wireless or otherwise) communications, messages,
(1) that there are reasonable grounds to believe that any of the crimes
conversations, discussions, or spoken or written words, the electronic
enumerated hereinabove has been committed or is being committed or
transmission systems or the telephone numbers to be tracked down,
is about to be committed: Provided, however, That in cases involving
tapped, listened to, intercepted, and recorded and their locations or if
the offenses of rebellion, conspiracy and proposal to commit rebellion,
the person suspected of the crime of terrorism or conspiracy to commit
inciting to rebellion, sedition, conspiracy to commit sedition, and
terrorism is not fully known, such person shall be subject to continuous
inciting to sedition, such authority shall be granted only upon prior
surveillance provided there is a reasonable ground to do so; (b) the
proof that a rebellion or acts of sedition, as the case may be, have
identity (name, address, and the police or law enforcement
actually been or are being committed;
organization) of the police or of the law enforcement official, including
(2) that there are reasonable grounds to believe that evidence will be
the individual identity (names, addresses, and the police or law
obtained essential to the conviction of any person for, or to the solution
enforcement organization) of the members of his team, judicially
of, or to the prevention of, any of such crimes; and
authorized to track down, tap, listen to, intercept, and record the
(3) that there are no other means readily available for obtaining such
communications, messages, conversations, discussions, or spoken or
evidence.
written words; (c) the offense or offenses committed, or being
committed, or sought to be prevented; and, (d) the length of time
within which the authorization shall be used or carried out.
RA 9327 (HUMAN SECURITY ACT) SEC. 10. Effective Period of Judicial Authorization. - Only for the
Surveillance of Suspects and Interception and Recording of length of time specified in the written order of the authorizing division
Communications of the Court of Appeals, which shall not exceed a period of thirty (30)
SEC. 7. The provisions of RA 4200 (Anti-wire Tapping Law) to the days from the date of receipt of the written order of the authorizing
contrary notwithstanding, a police or law enforcement official and the division of the CA by the applicant police or law enforcement official.
members of his team may, upon a written order of the Court of The authorizing division of the CA may extend or renew the said
Appeals, listen to, intercept and record, with the use of any mode, authorization for another non- extendible period, which shall not
form, kind or type of electronic or other surveillance equipment or exceed 30 days from the expiration of the original period: Provided,
intercepting and tracking devices, or with the use of any other suitable That the authorizing division of the CA is satisfied that such extension
ways and means for that purpose, any communication, message, or renewal is in the public interest: and Provided, further, That the ex
conversation, discussion, or spoken or written words between members parte application for extension or renewal, which must be filed by the
of a judicially declared and outlawed terrorist organization, original applicant, has been duly authorized in writing by the Anti-
association, or group of persons or of any person charged with or Terrorism Council.
suspected of the crime of terrorism or conspiracy to commit terrorism.
Provided, That surveillance, interception and recording of
In case of death of the original applicant or in case he is physically
communications between lawyers and clients, doctors and patients,
disabled to file the application for extension or renewal, the one next in
journalists and their sources and confidential business correspondence
rank to the original applicant among the members of the team named in
shall not be authorized.
the original written order of the authorizing division of the CA shall
SEC. 8. Formal Application for Judicial Authorization. - The written
file the application for extension or renewal: Provided, That, without
order of the authorizing division of the Court of Appeals to track down,
prejudice to the liability of the police or law enforcement personnel
tap, listen to, intercept, and record communications, messages,
under Section 20 hereof, the applicant police or law enforcement
conversations, discussions, or spoken or written words of any person
official shall have thirty (30) days after the termination of the period
suspected of the crime of terrorism or the crime of conspiracy to
granted by the Court of Appeals as provided in the preceding
commit terrorism shall only be granted by the authorizing division of
paragraphs within which to file the appropriate case before the Public
the Court of Appeals upon an ex parte written application of a police or
Prosecutors Office for any violation of this Act.
of a law enforcement official who has been duly authorized in writing
by the Anti-Terrorism Council created in Section 53 of this Act to file
such ex parte application, and upon examination under oath or If no case is filed within the thirty (30)-day period, the applicant police
affirmation of the applicant and the witnesses he may produce to or law enforcement official shall immediately notify the person subject
establish: (a) that there is probable cause to believe based on personal of the surveillance, interception and recording of the termination of the
knowledge of facts or circumstances that the said crime of terrorism or said surveillance, interception and recording. The penalty of ten (10)
conspiracy to commit terrorism has been committed, or is being years and one day to twelve (12) years of imprisonment shall be
committed, or is about to be committed; (b) that there is probable cause imposed upon the applicant police or law enforcement official who
to believe based on personal knowledge of facts or circumstances that fails to notify the person subject of the surveillance, monitoring,
evidence, which is essential to the conviction of any charged or interception and recording as specified above.
SEC. 11. Custody of Intercepted and Recorded Communications. - application of the Department of Justice filed before the authorizing
All tapes, discs, and recordings made pursuant to the authorization of division of the Court of Appeals and only upon a showing that the
the authorizing division of the CA, including all excerpts and Department of Justice has been duly authorized in writing by the Anti-
summaries thereof as well as all written notes or memoranda made in Terrorism Council to file the application with proper written notice to
connection therewith, shall, within forty-eight (48) hours after the the person whose conversation, communication, message discussion or
expiration of the period fixed in the written order of the authorizing spoken or written words have been the subject of surveillance,
division of the CA or within forty-eight (48) hours after the expiration monitoring, recording and interception to open, reveal, divulge, and
of any extension or renewal granted by the authorizing division of the use the contents of the sealed envelope or sealed package as evidence.
Court of Appeals, be deposited with the authorizing Division of the CA
in a sealed envelope or sealed package, as the case may be, and shall Any person, law enforcement official or judicial authority who violates
be accompanied by a joint affidavit of the applicant police or law his duty to notify in writing the persons subject of the surveillance as
enforcement official and the members of his team. defined above shall suffer the penalty of six (6) years and one day to
eight (8) years of imprisonment.
In case of death of the applicant or in case he is physically disabled to
execute the required affidavit, the one next in rank to the applicant SEC. 14. Application to Open Deposited Sealed Envelop or Sealed
among the members of the team named in the written order of the Package. - The written application with notice to the party concerned
authorizing division of the CA shall execute with the members of the to open the deposited sealed envelope or sealed package shall clearly
team that required affidavit. state the purpose or reason: (a) for opening the sealed envelope or
sealed package; (b) for revealing or disclosing its classified contents;
It shall be unlawful for any person, police officer or any custodian of (c) for replaying, divulging, and or reading any of the listened to,
the tapes, discs and recording, and their excerpts and summaries, intercepted, and recorded communications, messages, conversations,
written notes or memoranda to copy in whatever form, to remove, discussions, or spoken or written words (including any of the excerpts
delete, expunge, incinerate, shred or destroy in any manner the items and summaries thereof and any of the notes or memoranda made in
enumerated above in whole or in part under any pretext whatsoever. connection therewith); and, (d) for using any of said listened to,
intercepted, and recorded communications, messages, conversations,
Any person who removes, deletes, expunges incinerates, shreds or discussions, or spoken or written words (including any of the excerpts
destroys the items enumerated above shall suffer a penalty of not less and summaries thereof and any of the notes or memoranda made in
than six (6) years and one day to twelve (12) years of imprisonment. connection therewith) as evidence.
SEC. 12. Contents of Joint Affidavit. - The joint affidavit of the police
or of the law enforcement official and the individual members of his Any person, law enforcement official or judicial authority who violates
team shall state: (a) the number of tapes, discs, and recordings that his duty to notify as defined above shall suffer the penalty of six (6)
have been made, as well as the number of excerpts and summaries years and one day to eight (8) years of imprisonment.
thereof and the number of written notes and memoranda, if any, made
in connection therewith; (b) the dates and times covered by each of SEC. 15. Evidentiary Value of Deposited Materials. - Any listened to,
such tapes, discs, and recordings; (c) the number of tapes, discs, and intercepted, and recorded communications, messages, conversations,
recordings, as well as the number of excerpts and summaries thereof discussions, or spoken or written words, or any part or parts thereof, or
and the number of written notes and memoranda made in connection any information or fact contained therein, including their existence,
therewith that have been included in the deposit; and (d) the date of the content, substance, purport, effect, or meaning, which have been
original written authorization granted by the Anti- Terrorism Council to secured in violation of the pertinent provisions of this Act, shall
the applicant to file the ex parte application to conduct the tracking absolutely not be admissible and usable as evidence against anybody in
down, tapping, intercepting, and recording, as well as the date of any any judicial, quasi-judicial, legislative, or administrative investigation,
extension or renewal of the original written authority granted by the inquiry, proceeding, or hearing.
authorizing division of the Court of Appeals.
SEC. 16. Penalty for Unauthorized or malicious Interceptions and/or
The joint affidavit shall also certify under oath that no duplicates or Recordings. - Any police or law enforcement personnel who, not being
copies of the whole or any part of any of such tapes, discs, and authorized to do so by the authorizing division of the Court of Appeals,
recordings, and that no duplicates or copies of the whole or any part of tracks down, taps, listens to, intercepts, and records in whatever
any of such excerpts, summaries, written notes, and memoranda, have manner or form any communication, message, conversation,
been made, or, if made, that all such duplicates and copies are included discussion, or spoken or written word of a person charged with or
in the sealed envelope or sealed package, as the case may be, deposited suspected of the crime of terrorism or the crime of conspiracy to
with the authorizing division of the Court of Appeals. commit terrorism shall be guilty of an offense and shall suffer the
penalty of ten (10) years and one day to twelve (12) years of
It shall be unlawful for any person, police or law enforcement official imprisonment.
to omit or exclude from the joint affidavit any item or portion thereof
mentioned in this Section. In addition to the liability attaching to the offender for the commission
of any other offense, the penalty of ten (10) years and one day to
Any person, police or law enforcement officer who violates any of the twelve (12) years of imprisonment and the accessory penalty of
acts proscribed in the preceding paragraph shall suffer the penalty of perpetual absolute disqualification from public office shall be imposed
not less than ten (10) years and one day to twelve (12) years of upon any police or law enforcement personnel who maliciously
imprisonment. obtained an

SEC. 13. Disposition of Deposited Materials. - The sealed envelope or authority from the Court of Appeals to track down, tap, listen to,
sealed package and the contents thereof, which are deposited with the intercept, and record in whatever manner or form any communication,
authorizing division of the Court of Appeals, shall be deemed and are message, conversation, discussion, or spoken or written words of a
hereby declared classified information, and the sealed envelope or person charged with or suspected of the crime of terrorism or
sealed package shall not be opened and its contents (including the conspiracy to commit terrorism: Provided, That notwithstanding
tapes, discs, and recordings and all the excerpts and summaries thereof Section 13 of this Act, the party aggrieved by such authorization shall
and the notes and memoranda made in connection therewith) shall not be allowed access to the sealed envelope or sealed package and the
be divulged, revealed, read, replayed, or used as evidence unless contents thereof as evidence for the prosecution of any police or law
authorized by written order of the authorizing division of the Court of enforcement personnel who maliciously procured said authorization.
Appeals, which written order shall be granted only upon a written
Restriction on Travel organization, association or group of persons, or (3) of any member of
SEC. 26. Restriction on Travel. In cases where evidence of guilt is such organization, association, or group of persons.
not strong, and the person charged with the crime of terrorism or
conspiracy to commit terrorism is entitled to bail and is granted the SEC. 29. Classification and Contents of the Court Order Authorizing
same, the court, upon application by the prosecutor, shall limit the right the Examination of Bank Deposits, Accounts, and Records. - The
of travel of the accused to within the municipality or city where he written order granted by the authorizing division of the Court of
resides or where the case is pending, in the interest of national security Appeals as well as its order, if any, to extend or renew the same, the
and public safety, consistent with Article III, Section 6 of the original ex parte application of the applicant, including his ex parte
Constitution. Travel outside of said municipality or city, without the application to extend or renew, if any, and the written authorizations of
authorization of the court, shall be deemed a violation of the terms and the Anti Terrorism Council, shall be deemed and are hereby declared as
conditions of his bail, which shall then be forfeited as provided under classified information: Provided, That the person whose bank deposits,
the Rules of Court. placements, trust accounts, assets, and records have been examined,
frozen, sequestered and seized by law enforcement authorities has the
He or she may also be placed under house arrest by order of the court right to be informed of the acts done by the law enforcement
at his or her usual place of residence. authorities in the premises or to challenge, if he or she intends to do so,
the legality of the interference. The written order of the authorizing
While under house arrest, he or she may not use telephones, division of the Court of Appeals designated to handle cases involving
cellphones, e-mails, computers, the internet or other means of terrorism shall specify: (a) the identity of the said: (1) person charged
communications with people outside the residence until otherwise with or suspected of the crime of terrorism or conspiracy to commit
ordered by the court. terrorism, (2) judicially declared and outlawed terrorist organization,
association, or group of persons, and (3) member of such judicially
declared and outlawed organization, association, or group of persons,
The restrictions abovementioned shall be terminated upon the acquittal
as the case may be, whose deposits, placements, trust accounts, assets,
of the accused or of the dismissal of the case filed against him or
and records are to be examined or the information to be gathered; (b)
earlier upon the discretion of the court on motion of the prosecutor or
the identity of the bank or financial institution where such deposits,
of the accused.
placements, trust accounts, assets, and records are held and maintained;
(c) the identity of the persons who will conduct the said examination
Examination of Bank Deposits and Documents and the gathering of the desired information; and, (d) the length of time
the authorization shall be carried out.
JUDICIAL AUTHORIZATION
SEC. 27. Judicial Authorization Required to Examine Bank Deposits, SEC. 30. Effective Period of Court Authorization to Examine and
Accounts, and Records. - The provisions of Republic Act No. 1405 as Obtain Information on Bank Deposits, Accounts, and Records. - The
amended, to the contrary notwithstanding, the justices of the Court of authorization issued or granted by the authorizing division of the Court
Appeals designated as a special court to handle anti-terrorism cases of Appeals to examine or cause the examination of and to freeze bank
after satisfying themselves of the existence of probable cause in a deposits, placements, trust accounts, assets, and records, or to gather
hearing called for that purpose that (1) a person charged with or information about the same, shall be effective for the length of time
suspected of the crime of terrorism or conspiracy to commit terrorism, specified in the written order of the authorizing division of the Court of
(2) of a judicially declared and outlawed terrorist organization, Appeals, which shall not exceed a period of thirty (30) days from the
association, or group of persons, and (3) of a member of such judicially date of receipt of the written order of the authorizing division of the
declared and outlawed organization, association, or group of persons, Court of Appeals by the applicant police or law enforcement official.
may authorize in writing any police or law enforcement officer and the
members of his/her team duly authorized in writing by the anti-
The authorizing division of the Court of Appeals may extend or renew
terrorism council to: (a) examine, or cause the examination of, the
the said authorization for another period, which shall not exceed thirty
deposits, placements, trust accounts, assets and records in a bank or
financial institution; and (b) gather or cause the gathering of any
relevant information about such deposits, placements, trust accounts, (30) days renewable to another thirty (30) days from the expiration of
assets, and records from a bank or financial institution. The bank or the original period, provided that the authorizing division of the Court
financial institution concerned shall not refuse to allow such of Appeals is satisfied that such extension or renewal is in the public
examination or to provide the desired information, when so ordered by interest, and provided further that the application for extension or
and served with the written order of the Court of Appeals. renewal, which must be filed by the original applicant, has been duly
authorized in writing by the Anti-Terrorism Council.
Application
SEC. 28. Application to Examine Bank Deposits, Accounts, and In case of death of the original applicant or in case he is physically
Records. - The written order of the Court of Appeals authorizing the disabled to file the application for extension or renewal, the one next in
examination of bank deposits, placements, trust accounts, assets, and rank to the original applicant among the members of the team named in
records: (1) of a person charged with or suspected of the crime of the original written order of the authorizing division of the Court of
terrorism or conspiracy to commit terrorism, (2) of any judicially Appeals shall file the application for extension or renewal: Provided,
declared and outlawed terrorist organization, association, or group of That, without prejudice to the liability of the police or law enforcement
persons, or (3) of any member of such organization, association, or personnel under Section 19 hereof, the applicant police or law
group of persons in a bank or financial institution, and the gathering of enforcement official shall have thirty (30) days after the termination of
any relevant information about the same from said bank or financial the period granted by the Court of Appeals as provided in the
institution, shall only be granted by the authorizing division of the preceding paragraphs within which to file the appropriate case before
Court of Appeals upon an ex parte application to that effect of a police the Public Prosecutors Office for any violation of this Act.
or of a law enforcement official who has been duly authorized in
writing to file such ex parte application by the Anti-Terrorism Council If no case is filed within the thirty (30)-day period, the applicant police
created in Section 53 of this Act to file such ex parte application, and or law enforcement official shall immediately notify in writing the
upon examination under oath or affirmation of the applicant and the person subject of the bank examination and freezing of bank deposits,
witnesses he may produce to establish the facts that will justify the placements, trust accounts, assets and records. The penalty of ten (10)
need and urgency of examining and freezing the bank deposits, years and one day to twelve (12) years of imprisonment shall be
placements, trust accounts, assets, and records: (1) of the person imposed upon the applicant police or law enforcement official who
charged with or suspected of the crime of terrorism or conspiracy to fails to notify in writing the person subject of the bank examination
commit terrorism, (2) of a judicially declared and outlawed terrorist
and freezing of bank deposits, placements, trust accounts, assets and officer or civil servant who, not being authorized by the Court of
records. Appeals to do so, reveals in any manner or form any classified
information under this Act.
Any person, law enforcement official or judicial authority who violates
his duty to notify in writing as defined above shall suffer the penalty of RA 9208: ANTI-TRAFFICKING IN PERSONS ACT OF 2003
six (6) years and one day to eight (8) years of imprisonment. Trafficking in Persons - refers to the recruitment, transportation,
transfer or harboring, or receipt of persons with or without the victim's
SEC. 31. Custody of Bank Data and Information Obtained after consent or knowledge, within or across national borders by means of
Examination of Deposits, Placements, Trust Accounts, Assets and threat or use of force, or other forms of coercion, abduction, fraud,
Records. - All information, data, excerpts, summaries, notes, deception, abuse of power or of position, taking advantage of the
memoranda, working sheets, reports, and other documents obtained vulnerability of the person, or, the giving or receiving of payments or
from the examination of the bank deposits, placements, trust accounts, benefits to achieve the consent of a person having control over another
assets and records of: (1) a person charged with or suspected of the person for the purpose of exploitation which includes at a minimum,
crime of terrorism or the crime of conspiracy to commit terrorism, (2) the exploitation or the prostitution of others or other forms of sexual
a judicially declared and outlawed terrorist organization, association, exploitation, forced labor or services, slavery, servitude or the removal
or group of persons, or (3) a member of any such organization, or sale of organs.
association, or group of persons shall, within forty-eight (48) hours
after the expiration of the period fixed in the written order of the The recruitment, transportation, transfer, harboring or receipt of a child
authorizing division of the Court of Appeals or within forty-eight (48) for the purpose of exploitation shall also be considered as "trafficking
hours after the expiration of the extension or renewal granted by the in persons" even if it does not involve any of the means set forth in the
authorizing division of the Court of Appeals, be deposited with the preceding paragraph.
authorizing division of the Court of Appeals in a sealed envelope or
sealed package, as the case may be, and shall be accompanied by a Punishable Acts
joint affidavit of the applicant police or law enforcement official and Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any
the persons who actually conducted the examination of said bank person, natural or juridical, to commit any of the following acts:
deposits, placements, trust accounts, assets and records. (1) To recruit, transport, transfer; harbor, provide, or receive
a person by any means, including those done under the pretext of
SEC. 32. Contents of Joint Affidavit. - The joint affidavit shall state: domestic or overseas employment or training or apprenticeship, for the
(a) the identifying marks, numbers, or symbols of the deposits, purpose of prostitution, pornography, sexual exploitation, forced labor,
placements, trust accounts, assets, and records examined; (b) the slavery, involuntary servitude or debt bondage;
identity and address of the bank or financial institution where such (2) To introduce or match for money, profit, or material,
deposits, placements, trust accounts, assets, and records are held and economic or other consideration, any person or, as provided for under
maintained; (c) the number of bank deposits, placements, trust Republic Act No. 6955, any Filipino woman to a foreign national, for
accounts, assets, and records discovered, examined, and frozen; (d) the marriage for the purpose of acquiring, buying, offering, selling or
outstanding balances of each of such deposits, placements, trust trading him/her to engage in prostitution, pornography, sexual
accounts, assets; (e) all information, data, excerpts, summaries, notes, exploitation, forced labor, slavery, involuntary servitude or debt
memoranda, working sheets, reports, documents, records examined bondage;
and placed in the sealed envelope or sealed package deposited with the (3) To offer or contract marriage, real or simulated, for the
authorizing division of the Court of Appeals; (f) the date of the original purpose of acquiring, buying, offering, selling, or trading them to
written authorization granted by the Anti-Terrorism Council to the engage in prostitution, pornography, sexual exploitation, forced labor
applicant to file the ex parte application to conduct the examination of or slavery, involuntary servitude or debt bondage;
the said bank deposits, placements, trust accounts, assets and records, (4) To undertake or organize tours and travel plans
as well as the date of any extension or renewal of the original written consisting of tourism packages or activities for the purpose of utilizing
authorization granted by the authorizing division of the Court of and offering persons for prostitution, pornography or sexual
Appeals; and (g) that the items enumerated were all that were found in exploitation;
the bank or financial institution examined at the time of the completion (5) To maintain or hire a person to engage in prostitution or
of the examination. pornography;
(6) To adopt or facilitate the adoption of persons for the
The joint affidavit shall also certify under oath that no duplicates or purpose of prostitution, pornography, sexual exploitation, forced labor,
copies of the information, data, excerpts, summaries, notes, slavery, involuntary servitude or debt bondage;
memoranda, working sheets, reports, and documents acquired from the (7) To recruit, hire, adopt, transport or abduct a person, by
examination of the bank deposits, placements, trust accounts, assets means of threat or use of force, fraud, deceit, violence, coercion, or
and records have been made, or, if made, that all such duplicates and intimidation for the purpose of removal or sale of organs of said
copies are placed in the sealed envelope or sealed package deposited person; and
with the authorizing division of the Court of Appeals. (8) To recruit, transport or adopt a child to engage in armed
activities in the Philippines or abroad.

It shall be unlawful for any person, police officer or custodian of the
Section 5. Acts that Promote Trafficking in Persons. - The following
bank data and information obtained after examination of deposits,
acts which promote or facilitate trafficking in persons, shall be
placements, trust accounts, assets and records to copy, to remove,
unlawful to:
delete, expunge, incinerate, shred or destroy in any manner the items
(1) knowingly lease or sublease, use or allow to be used
enumerated above in whole or in part under any pretext whatsoever.
any house, building or establishment for the purpose of promoting
trafficking in persons;
Any person who copies, removes, deletes, expunges incinerates, shreds (2) produce, print and issue or distribute unissued,
or destroys the items enumerated above shall suffer a penalty of not tampered or fake counseling certificates, registration stickers and
less than six (6) years and one day to twelve (12) years of certificates of any government agency which issues these certificates
imprisonment. and stickers as proof of compliance with government regulatory and
pre-departure requirements for the purpose of promoting trafficking in
Unauthorized Revelation of Classified Materials SEC. 46. Penalty persons;
for Unauthorized Revelation of Classified Materials. - The penalty of (3) advertise, publish, print, broadcast or distribute, or
ten (10) years and one day to twelve (12) years of imprisonment shall cause the advertisement, publication, printing, broadcasting or
be imposed upon any person, police or law enforcement agent, judicial distribution by any means, including the use of information technology
and the internet, of any brochure, flyer, or any propaganda material that
promotes trafficking in persons;
(4) assist in the conduct of misrepresentation or fraud for
purposes of facilitating the acquisition of clearances and necessary exit
documents from government agencies that are mandated to provide
pre- departure registration and services for departing persons for the
purpose of promoting trafficking in persons;
(5) facilitate, assist or help in the exit and entry of persons
from/to the country at international and local airports, territorial
boundaries and seaports who are in possession of unissued, tampered
or fraudulent travel documents for the purpose of promoting trafficking
in persons;
(6) confiscate, conceal, or destroy the passport, travel
documents, or personal documents or belongings of trafficked persons
in furtherance of trafficking or to prevent them from leaving the
country or seeking redress from the government or appropriate
agencies; and
(7) knowingly benefit from, financial or otherwise, or make
use of, the labor or services of a person held to a condition of
involuntary servitude, forced labor, or slavery.

Section 6. Qualified Trafficking in Persons. - The following are


considered as qualified trafficking:
(1) When the trafficked person is a child;
(2) When the adoption is effected through Republic Act
No. 8043, otherwise known as the "Inter-Country Adoption Act of
1995" and said adoption is for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(3) When the crime is committed by a syndicate, or in large
scale. Trafficking is deemed committed by a syndicate if carried out by
a group of three (3) or more persons conspiring or confederating with
one another. It is deemed committed in large scale if committed against
three (3) or more persons, individually or as a
group;

(4) When the offender is an ascendant, parent,


sibling, guardian or a person who exercises authority over
the trafficked person or when the offense is committed by a
public officer or employee;
(5) When the trafficked person is recruited to engage in
prostitution with any member of the military or law
enforcement agencies;
(6) When the offender is a member of the military or law
enforcement agencies; and
(7) When by reason or on occasion of the act of trafficking
in persons, the offended party dies, becomes insane, suffers
mutilation or is afflicted with Human Immunodeficiency
Virus (HIV) or the Acquired Immune Deficiency Syndrome
(AIDS).