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Crimes Against National Security Crimes Against Public Order Crimes Against National Security Crimes Against Public Order
AS TO PURPOSE AS TO NATURE
AS TO MEANS EMPLOYED
1. To remove from the allegiance to said Arms are not necessary, it is enough It is necessary that there be a public
Government or the laws the territory that there is a public uprising and the uprising and taking arms against the
of the Philippines or any body of land, uprising is tumultuous Government
To seize or diminish State power.
naval or other armed forces
2. To deprive the Chief Executive or AS TO THE NATURE OF THE PURPOSE
Criminal objective is to destabilize,
Congress of any of their powers
immobilize or paralyze the existing The purpose of offenders may be
The purpose is always political
government. political or social
Criminal objective is to overthrow the
Government and the offenders establish AS TO THE PURPOSES
their own.
1. To prevent the promulgation or
AS TO MANNER OF COMMISSION execution of any law or the holding
of any popular election
Committed through force and violence
2. To prevent the National Government,
by:
or local government, or any public
1. Public uprising Swift attack accomplished by violence, 1. To remove from the allegiance to
officer thereof from freely exercising
2. By taking up arms against the intimidation, threat, strategy or stealth. said Government or the laws the
its or his functions or prevent the
Government for any of the specified territory of the Philippines or any
execution or any administration of
purposes in Art 134 body of land, naval or other armed
order
forces
AS TO THE OBJECT AGAINST WHICH THE ATTACK IS COMMITTED 3. To inflict any act of hate or revenge
2. To deprive the Chief Executive or
upon the person or property of an
Directed against the duly constituted Congress of any of their powers
public officer or employee
authorities of the Philippines or any 4. To commit, for political or social end,
military camp or installation, Criminal objective is to overthrow the
any act of hate or revenge against
Directed against the Government Government and the offenders establish
communication networks, public utilities private persons or any social class
or other facilities needed for the exercise their own.
5. To despoil, for any political or social
and continued possession of power end, any person, local government
or the National Government or the
AS TO THE PERSON COMMITTING US Government of all its property or
any party thereof
It is required that the person belongs to
Any person, whether public officer or not the military or police or holding any public
office or employment
Even acts contrary to public morals are Either when the PA or APA is in the
Held in connection with crimes actual performance of official duty or by Only in actual performance of duties
included thus may include crimes
punishable under the RPC reason thereof
punishable by special laws
FORCE EMPLOYED
ALARMS AND SCANDALS AND DISCHARGE OF FIREARMS
Force employed is serious as there is a Use of force is not so serious as there is
ALARMS AND SCANDALS (155 [1] ) DISCHARGE OF FIREARM (254) manifest intent to defy the law and its no manifest intent to defy the law and its
enforcers enforcers
Crimes Against Public Order Crimes Against Persons
DELIBERATE FORCE
AS TO ESSENCE
Attack or employment of force is Attack or employment of force is not
Calculated to cause alarm or danger to Act of shooting another without intent to deliberate deliberate
the public kill
HOW COMMITTED
AS TO GRAVITY
Committed in any of the following ways:
Light felony Less grave felony
1. By attacking
Committed by resisting or seriously
AS TO PLACE OF COMMISSION 2. By employing force
disobeying a PA or APA
3. By seriously intimidating
Town or public place Anywhere 4. By seriously resisting
INCITING TO SEDITION OR REBELLION AND PUBLIC DISORDER VIOLATION OF CONDITIONAL PARDON AND EVASION OF SERVICE OF
SENTENCE
INCITING TO SEDITION OR
PUBLIC DISORDER (153)
REBELLION (138 & 142) VIOLATION OF CONDITIONAL EVASION OF SERVICE OF
PARDON (159) SENTENCE (157,158)
Crimes Against Public Order
Offender must be convicted of final judgment
AS TO MANNER OF COMMISSION
AS TO ESSENCE
The outcry or displaying of emblems or The outcry is more or less unconscious
placards should have been done with outburst which, although rebellious or Infringes the terms of the contract
Defeats the purpose of the law of either
the idea aforethought of inducing his seditious in nature, is not intentionally between the Chief Executive and the
reforming or punishing the criminal
hearers or readers to commit the crime calculated to induce others to commit criminal
of rebellion or sedition rebellion or sedition
DISTURBANCE TO PUBLIC ORDER
AS TO THE TREATMENT OF MEETING
Does not affect public order. Disturbs public order.
At the outset, the meeting is lawful but
At the outset, the meeting is unlawful. becomes unlawful after the outburst
DELIVERY OF PRISONERS FROM JAIL, EVASION OF SERVICE OF SENTENCE
described above.
AND INFIDELITY IN THE CUSTODY OF PRISONERS
DELIVERY OF EVASION OF SERVICE INFIDELITY IN THE
DELIVERING PRISONERS FROM JAIL AND INFIDELITY IN CUSTODY OF
PRISONERS FROM JAIL OF SENTENCE (157, CUSTODY OF
PRISONERS
(156) 158) PRISONERS (223)
DELIVERING PRISONERS FROM JAIL INFIDELITY IN THE CUSTODY OF
(156) PRISONERS (223) Crimes Committed by
Crimes Against Public Order
Public Officers
Prisoner in custody may be a convict by final judgment or detention prisoner
PERSONS WHO ARE LIABLE
AS TO PERSON OF OFFENDER
P u b l i c o f fi c e r w h o
Any person who is not the custodian of Public officer who had the prisoner in his consented or connived in
the prisoner custody or charge who was in Any person who is not the A prisoner in confinement the escape of convict of
connivance with prisoner in the latter’s custodian of the prisoner by final judgment detention prisoner and is
escape the custodian of the
prisoner
AS TO MANNER OF COMMISSION
Detention prisoner if he A public officer, custodian
By removing from jail a prisoner participated in hte plan to A pardonee violating the of the prisoner whose
By conniving or consenting to the
confined therein or helping in the escape make him escape or at conditions of his pardon negligence caused
escape of a prisoner
of such prisoner least acquiesced thereto evasion (224)
Embraced in Title Aggravating Circumstnace Crimes Against Public Order Application of Penalties
Specified:
Sufficient that the offender has been 1. Less serious or serious physical
previously convicted by final Necessary that the offender shall Before serving or while serving injuries
Crimes Committed j u d g m e n t f o r a n o t h e r c r i m e have served out his sentence for sentence, the offender commits a 2. Robbery
embraced in the same title of the the first offense felony (NOT a crime) 3. Theft
Code on the date of his trial 4. Estafa
5. Falsification
Period of time the Before serving or while serving Within 10 years from his last
No period of time
crimes are committed sentence release or conviction
May be a genuine May be a genuine May be a genuine May be a genuine May be a genuine
(later falsified) or an (later falsified) or an (later falsified) or an (later falsified) or an (later falsified) or an There must be a There must be a There must be a
entirely fabricated entirely fabricated entirely fabricated entirely fabricated entirely fabricated genuine document genuine document genuine document
document document document document document
FALSIFICATION OF PUBLIC OR OFFICIAL OR COMMERCIAL DOCUMENT AND USING FICTITIOUS NAME, USURPATION OF CIVIL STATUS, AND ESTAFA
FALSIFICATION OF PRIVATE DOCUMENT
USING FICTITIOUS NAME USURPATION OF
ESTAFA
FALSIFICATION OF PUBLIC/OFFICIAL FALSIFICATION OF PRIVATE CIVIL STATUS
ART 178 PD 1829 (315 PAR 2 [a])
OR COMMERCIAL DOCUMENT DOCUMENT (348)
BASIS OF PENALTY
Element of publicity must be present Element of publicity is not necessary
Basis of the penalty on the false witness Basis of the penalty on the false witness
AS TO PURPOSE
is the sentence on the accused. is the felony charged to the accused.
The purpose is either to conceal a crime,
The purpose is merely to conceal
to evade execution of a judgment or to MATERIAL, RELEVANT AND PERTINENT IN FALSE TESTIMONY (ART 180 - 184)
identity
cause damage
MATERIAL RELEVANT PERTINENT
Improper performance of some act which might Crimes Committed by Public Officers Crimes Against Property
Misfeasance Art 204 - 207
lawfully be done
CHARACTER OF FUNDS
Nonfeasance Prosecution Omission of some act which ought to be perfomed
Funds or property are usually public Funds or property are always private
AS TO SUBJECT MATTER
All these crimes involve abuse of confidence or betrayal of trust and can be Fetus could not sustain independent life. Fetus could sustain an independent life
committed by public officers over public funds No legal viability. after separation from the mother’s
womb.
CHARACTER OF OFFENDER
AS TO CRIMINAL INTENT
REVELATION OF SECRETS BY AN OFFICER AND REMOVAL, CONCEALMENT OR
DESTRUCTION OF DOCUMENTS Offender has no intent to kill the The offender intended to kill the
REMOVAL, CONCEALMENT OR offended party offended party
REVELATION OF SECRETS BY AN
DESTRUCTION OF DOCUMENTS
OFFICER (229) AS TO THE EFFECT OF THE VICTIM’S DEATH
(226)
Intent to kill is a general intent which is
The papers contain secrets and Intent to kill is a specific criminal intent
conclusively presumed, hence, the crime
therefore should not be published, and that must be conclusively proved
The papers do not contain secrets but is at least homicide
the public officer having charge thereof
their removal is for an illicit purpose
removes and delivers them wrongfully to
a third person PHYSICAL INJURIES AND MUTILATION
PHYSICAL INJURIES (263 - 266) MUTILATION (262)
ABANDONMENT OF OFFICE OR POSITION AND DERELICTION OF DUTY
No special intention to clip off some part There is a special intention to clip off
ABANDONMENT OF OFFICE OR of the body so as to deprive the some part of the body so as to deprive
DERELICTION OF DUTY (208)
POSITION (238) offended party of such party him of such part
Committed only by public officers who
Committed by any public officer have the duty to institute prosecution for
the punishment of violations of the law
There is actual abandonment through Public officer does not abandon his
resignation to evade the discharge of office but merely fails to prosecute a
duties violation of the law
SERIOUS, LESS SERIOUS AND SLIGHT PHYSICAL INJURIES KIDNAPPING WITH RAPE AND FORCIBLE ABDUCTION WITH RAPE
GRAVITY INJURY DAYS FORCIBLE ABDUCTION WITH RAPE
KIDNAPPING WITH RAPE (267)
(342)
Incapacity from habitual work Permanent
Crimes Against Liberty Crimes Against Chastity
SERIOUS Ill or incapacity from habitual
over 90 days AS TO PRESENCE OF LEWD DESIGNS
(263 - 264) work
Ill or incapacity from labor 31 - 90 days At the outset, there is already lewd
Taking of victim was without lewd design
design
L E S S
Incapacity form labor or medical AS TO NATURE OF COMPLEX CRIME
SERIOUS 10 - 30 days
attendance
(265)
It is a complex crime under Art 48 since
S L I G H T Incapacity from labor or medical It is a special complex crime forcible abduction is a necessary means
1 - 9 days of committing the crime of rape
(266) attendance
AS TO EFFECT OF ATTEMPTED RAPE
OLD ANTI-RAPE LAW AND RA 8353
The crime committed is only forcible
OLD ANTI-RAPE LAW RA 8353 Attempted rape shall be considered as a
abduction, the attempted rape being an
separate crime
expression of the lewd design
Crime Against Chastity Crime Against Persons
AS TO EFFECT OF MULTIPLE RAPES
CHARACTER OF THE OFFENDER
Under the 2nd type, sexual assault may If there are multiple rapes, only one is
May be committed by a man against a There is only one special complex crime
be committed by ANY person against complexed with forcible abduction and
woman only of kidnapping with rape regardless of the
ANY person the rest shall be considered as separate
number of rapes committed
crimes
WHO MAY FILE COMPLAINT
ILLEGAL DETENTION AND ARBITRARY DETENTION
It is a private crime; complaint must be
filed by the woman or her parents, May be prosecuted even if the woman ILLEGAL DETENTION (267) ARBITRARY DETENTION (124)
grandparents or guardian if the woman does not file a complaint
was a minor or incapacitated Crimes Against Fundamental Law of the
Crimes Against Liberty
State
EFFECT OF MARRIAGE
AS TO THE OFFENDER
Marriage extinguishes the penal action
Marriage of the victim with one of the Private Individual Public Officer
only as to the principal (the person who
offenders benefits not only the principal
married the victim), and cannot be
but also the accomplices and AS TO THE MANNER OF COMMISSION
extended to co-principals in case of
accessories
multiple rape Unlawfully kidnaps, detains or otherwise
Detains a person without legal ground
MARITAL RAPE deprives a person of liberty
Minor is under 18 years of age Minor is under 7 years of age The place entered is inhabited The place entered is uninhabited
EXPLOITATION OF MINORS AND INDUCING A MINOR TO ABANDON HIS HOME AS TO THE PROHIBITION TO ENTER
INDUCING A MINOR TO ABANDON The prohibition to enter is express or The prohibition to enter must be
EXPLOITATION OF MINORS (278 [5])
HIS HOME (271) implied. manifest.
The demand for money or imposition of The demand for money or imposition of
SIMPLE TRESPASS TO DWELLING AND QUALIFIED TRESPASS TO DWELLING
any other condition is not an essential any condition is an essential element,
SIMPLE TRESPASS TO DWELLING QUALIFIED TRESPASS TO element whether the condition is attained or not
(280 [1]) DWELLING (280 [2])
Offender enters the dwelling of another Offender enters the dwelling of another
and the entrance is against the latter’s against the latter’s will and is committed
will. by means of violence or intimidation
THREATS AND COERCION OTHER LIGHT THREATS AND GRAVE AND LIGHT THREATS
THREATS (282 - 285) COERCION (286 - 288) GRAVE THREATS (282) AND
OTHER LIGHT THREATS (283)
LIGHT THREATS (283)
Crimes Against Security
Crimes Against Security
AS TO CHARACTER OF THREATENED HARM
AS TO DEMAND
The threatened harm or wrong is future The threatened harm or wrong is
and conditional immediate and direct In certain cases, demand for money is
No demand for money
material
AS TO USE OF INTERMEDIARY
AS TO CONDITION
It may be done through an intermediary It cannot be done by means of an
or in writing intermediary or in writing In certain cases, imposed condition is
No condition imposed
material
AS TO MANNER OF COMMISSION
AS TO THREAT
Generally, it is committed by violence,
Generally, it is committed by means of
although it may also be by intimidation if Threat is not deliberate Threat is deliberate
intimidation which is future and
it is serious enough, direct, immediate
conditional
and personal
COERCION AND ILLEGAL DETENTION
AS TO WHO MAY BE INTIMIDATED GRAVE COERCION (286) ILLEGAL DETENTION (267)
Intimidation is directed against the victim Crimes Against Security Crimes Against Liberty
Intimidation is directed personally
or his family
AS TO INTENT
BOND FOR GOOD BEHAVIOR AND BOND TO KEEP THE PEACE Intent to deprive the offended party of
BOND FOR GOOD BEHAVIOR (284) BOND TO KEEP THE PEACE (35) his liberty is not clear i.e. may freely
Intent to deprive of his liberty is present
leave the house but is compelled to
Crimes Against Security Duration and Effect of Penalties return
APPLICABILITY
GRAVE COERCION AND UNJUST VEXATION
Applicable only to cases of grave threats Not made applicable to any particular
GRAVE COERCION (286) UNJUST VEXATION (287)
and light threats case
There is violence or intimidation There is no violence or intimidation
TYPE OF PENALTY
Crimes Committed by Public Officers Crimes Against Security THREATS AND ROBBERY THROUGH INTIMIDATION
ROBBERY AND BRIBERY Offender need not constitute a band. Offenders must be a band of robbers
One person can commit the crime (there are more than 3 malefactors)
ROBBERY (293 - 307) BRIBERY (210 - 211A)
AS TO THE VICTIM
Crimes Against Property Crimes Committed by Public Officers
Anybody could be the victim There is a preconceived victim
AS TO HOW COMMITTED
AS TO THE COMMISSION OF ROBBERY
It is robbery when the victim did not
It is bribery when the victim has That the robbery was committed for the
commit a crime and he is intimidated
committed a crime and gives money or Must not be an isolated case of robbery
with arrest and/or prosecution to deprive first time is immaterial
gift to avoid arrest or prosecution
him of his personal property
AS TO ACCOMPLICES
AS TO THE LOSS OF PROPERTY
Those who abet brigandage are Those who profit from the loot liable
The victim is deprived of his money or He parts with his money, in a sense, accomplices under Sec 4 under Art 307 or for fencing
property by force or intimidation voluntarily
BRIGANDAGE AND ROBBERY IN A BAND
TO QUALIFY ROBBERY WITH FORCE UPON THINGS AND TO QUALIFY BRIGANDAGE (306) ROBBERY IN A BAND (295)
ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS
TO QUALIFY ROBBERY WITH AS TO PURPOSE
TO QUALIFY ROBBERY WITH FORCE
VIOLENCE AGAINST OR The purpose is to:
UPON THINGS (299)
INTIMIDATION OF PERSONS (294) 1. Commit robbery in highway
The purpose is to commit robbery, not
2. To kidnap persons for ransom
Must be committed in uninhabited place Must be committed in an uninhabited necessarily in highways
3. Any other purpose attained by force
and by a band (300) place or by a band (295)
and violence
AS TO PROPERTY INVOLVED If the person has been given the ownership, juridical possession and the material
possession of the personal property and he misappropriates the same, he is NOT
Personal property is taken Real property or real rights is involved
criminally liable and incurs only a CIVIL LIABILITY
AS TO THE ACT INVOLVED
INFIDELITY IN CUSTODY OF DOCUMENTS AND ESTAFA BY REMOVING,
There is taking or asportation There is occupation or usurpation CONCEALING OR DESTROYING DOCUMENTS
ESTAFA BY REMOVING,
INFIDELITY IN CUSTODY OF
CONCEALING OR DESTROYING
DOCUMENTS (226 - 228)
DOCUMENT (315 [3C])
AS TO OFFENDER
AS TO INTENT
Offenders are entrusted with funds or property In both crimes, there is selling of mortgaged property
Considered as continuing offenses
AS TO PROPERTY INVOLVED
AS TO THE FUNDS INVOLVED
The property involved is personal The property involved is real property
The funds or property are private Usually public funds or property property (316 [2])
Offender is a private individual or even a Offender who is usually a public officer Selling or pledging of personal property
public officer who is not accountable for is accountable for public funds or already pledged or mortgaged is To constitute estafa, it is sufficient that
public funds or property property committed by the mere failure to obtain the real property mortgaged be sold as
consent of the mortgagee in writing, free, even though the vendor may have
AS TO COMMISSION BY NEGLIGENCE even if the offender should inform the been obtained the consent of the
purchaser that the thing sold is mortgagee in writing
Malversation can be committed through
There is no estafa through negligence mortgaged
abandonment or negligence
AS TO THE PURPOSE OF THE LAW
AS TO HOW COMMITTED
The purpose of the law is to protect the The purpose is to protect the purchaser,
Crime is committed by appropriating,
mortgagee whether the first or the second
Crime is committed by misappropriating, taking or misappropriating or consenting,
converting or denying having received or through abandonment or negligence
money, goods or other personal property permitting any other person to take the
public funds or property
ANTI - BOUNCING CHECK LAW AND ESTAFA
BP 22 ESTAFA (315)
AS TO LIABILITY OF ENDORSER
Endorser who acted with deceit knowing that the check is worthless will be criminally
Endorser is not liable
liable
AS TO NATURE OF OFFENSE
It is the means to obtain the valuable consideration from the payee (debt is not pre-
Issuance of check is for value or on account
existing)
AS TO NECESSITY OF DAMAGES
Deceit and damage are not elements of the crime; the gravamen of the offense is the False pretenses or deceit and damage, or at least intent to cause damage are essential
issuance of the unfunded check and the false pretenses must be prior to or simultaneous with the damage caused
AS TO GRACE PERIOD
The drawer is given 5 days after receiving notice of dishonor within which to pay or
Given 3 days after receiving notice of dishonor
make arrangements for payment
AS TO INSUFFICIENCY OF FUNDS
That there are no funds or no sufficient funds at the time of issuance or at the time of
That there are no funds or that there are insufficient funds at the time of issuance
presentment if made within 90 days
AS TO KNOWLEDGE OF INSUFFICIENCY
The maker or drawer and issuer knows at the time of issue that he does not have Not necessary that the drawee should know at the time that he issued the check that the
sufficient funds in or credit with the drawee bank for the payment of the check in full funds deposited in the bank were not sufficient to cover the amount of the check
AS TO PRESUMPTION OF KNOWLEDGE
Mere issuance of a check that is dishonored gives rise to the presumption of knowledge
No presumption of knowledge arises
of insufficiency of funds
ATTEMPTED RAPE AND ACTS OF LASCIVIOUSNESS QUALIFIED SEDUCTION AND SIMPLE SEDUCTION
ATTEMPTED RAPE (226-A) ACTS OF LASCIVIOUSNESS (336) QUALIFIED SEDUCTION (337) SIMPLE SEDUCTION (338)
In both crimes, manner of commission is the same and the performance of Crimes Against Chastity
lascivious character is common to both
AS TO VIRGINITY
Offended party is a person of either sex
Virginity is not an essential element of
Same means of committing the crime: Virginity is an essential element of the the crime, but it is enough that the
1. Force, threat, or intimidation is employed crime woman is single or a widow of good
2. By means of fraudulent machinations or grave abuse of authority reputation and has a chaste life
3. The offended party is deprived of reason or otherwise unconscious
4. Victim is under 12 years of age or is demented AS TO DECEIT
AS TO INTENT Deceit is not an essential element of the Deceit is an essential element of the
crime crime
When the acts performed by offender
There is no intent to have sexual AS TO COMMISSION OF THE CRIME
indicate that his purpose was to lie with
intercourse
the offended woman
Qualified seduction can be committed Simple seduction can be committed
AS TO NATURE OF LASCIVIOUS ACTS only with abuse of authority, abuse of even without abuse of authority, abuse
confidence or abuse of relationship of confidence or abuse of relationship
The lascivious acts are but the
The lascivious acts are the final AS TO OFFENDER
preparatory acts to the commission of
objective sought by the offender
rape
Qualified seduction can be committed by
specific offenders such as a person in
ACTS OF LASCIVIOUSNESS AND GRAVE COERCION public authority, priest, house servant,
domestic, guardian teacher, or any This may be committed by any person
ACTS OF LASCIVIOUSNESS (336) GRAVE COERCION (286)
person entrusted with the education or so long as there is deceit
Compulsion or force is the very act keeping of the offended woman
Compulsion or force is included in the seduced, a brother seducing his sister,
constituting the offense of grave
constructive element of force or ascendant seducing a descendant
coercion