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TREASON AND REBELLION TREASON AND SEDITION

TREASON (114) REBELLION (134) TREASON (114) SEDITION (139)

Crimes Against National Security Crimes Against Public Order Crimes Against National Security Crimes Against Public Order

AS TO PURPOSE AS TO NATURE

1. To remove from the allegiance to said War Crime Internal Conflict


Government or the laws the territory
The delivery of the Philippines to a of the Philippines or any body of land, AS TO MANNER OF COMMISSION
foreign power naval or other armed forces
1. Levying War
2. To deprive the Chief Executive or Causing public and tumultuous
2. Adhering to the enemy, giving them
Congress of any of its powers disturbances in one’s country
aid or comfort
AS TO MANNER OF COMMISSION
AS TO PURPOSE
1. B y l e v y i n g w a r a g a i n s t t h e 1. Public uprising
Government 2. By taking up arms against the To help the foreign enemy 1. To prevent the promulgation or
2. By adhering to the enemies, giving Government for any of the specified execution of any law or the holding of
them aid or comfort purposes in Art 134 any popular election
2. To prevent the National Government,
AS TO TIME OF COMMISSION or local government, or any public
officer thereof from freely exercising
time of war time of peace its or his functions or prevent the
execution or any administration of
AS TO THE PLACE OF COMMISSION order
3. To inflict any act of hate or revenge
May be committed in the Philippines or
Only in the Philippines upon the person or property of an
elsewhere
public officer or employee
AS TO THE PERSON COMMITTING 4. To commit, for political or social end,
any act of hate or revenge against
Only by a Filipino citizen or a resident private persons or any social class
Any person
alien 5. To despoil, for any political or social
end, any person, local government or
AS TO PROOF NEEDED FOR CONVICTION the National Government or the US
Government of all its property or any
1. Testimony of 2 witnesses at least to
Proved by showing the purpose of the party thereof
the same overt act
uprising, there must be proof beyond
2. Confession of the accused in open
reasonable doubt
court
ESPIONAGE V TREASON PIRACY UNDER RPC AND UNDER PD 532
ESPIONAGE (117) TREASON (114) UNDER RPC UNDER PD 532

May be committed both in times of war


Committed only in times of war AS TO THE MANNER OF COMMISSION
and in times of peace

May be committed by: May be committed by: May be committed by:


1. Entering, without authority, a warship, 1. Attacking or seizing a vessel 1. Attacking or seizing a vessel
fort or naval or military establishment 2. Seizing the whole or part of its 2. By taking away the whole or part of
or reservation to obtain any cargo, equipment or personal its cargo, equipment or personal
information, plans, photographs or belongings of its complement or belongings of the vessel’s
other data of a confidential nature May be committed by: passengers complement or passengers by
relative to the defense of the 1. Levying war against the government means of violence against or
Philippines 2. Adhering to the enemy by giving them intimidation of persons or force upon
2. Disclosing to the representative of a aid or comfort things
foreign nation the contents of the
AS TO THE PERSONS COMMITTING THE CRIME
articles, data or information which he
had in his possession by reason of May be committed only by a stranger to
the public office he holds May be committed by any person
a vessel
3. Other acts mentioned in CA 616 including a passenger or member of the
i.e. one who is neither a passenger not a
complement of the vessel
member of the complement of the vessel
PIRACY V MUTINY
AS TO THE PLACE OF THE COMMISSION OF THE CRIME
PIRACY MUTINY
Philippine waters or on the high seas Only in Philippine Waters
PUNISHABLE UNDER ART 124
AS TO WHEN PIRACY BECOMES QUALIFIED
AS TO PERSON OF THE OFFENDER
1. Seized the vessel by boarding or 1. Physical injuries or other crimes are
Strangers to the vessels Members of the crew or its passengers firing upon it committed as a result or on the
2. Abandoning its victims without occasion thereof
AS TO INTENTION means of saving themselves 2. M u r d e r, h o m i c i d e o r r a p e i s
3. Accompanied by murder, homicide, committed by reason or on the
Offender may only intend to ignore the physical injuries or rape occasion thereof
Intent to gain is essential ship’s officers or they may be prompted
by the desire to commit plunder
ARBITRARY DETENTION, ILLEGAL DETENTION AND UNLAWFUL ARREST VIOLATION OF DOMICILE, SEARCH WARRANTS MALICIOUSLY OBTAINED AND
SEARCHING DOMICILE WITHOUT WITNESSES
ARBITRARY ILLEGAL UNLAWFUL
DETENTION (124) DETENTION (267) ARREST (269) SEARCH WARRANTS
MALICIOUSLY
Crimes Against the SEARCHING DOMICILE
NATURE OF THE VIOLATION OF OBTAINED AND ABUSE
Fundamental Laws Crimes Against Liberty WITHOUT WITNESSES
CRIME DOMICILE (128) IN THE SERVICE OF
of the State (130)
THOSE LEGALLY
OBTAINED (129)
1. Private persons
2. Public officer The public officer is armed There was abuse in
Public officer who who is acting in with a warrant but such implementation of a valid
has authority to a private There is no warrant
OFFENDER Any person was maliciously obtained warrant due to lack of
make arrests and capacity or or abused witnesses
detain persons beyond the
scope of his
official duty PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL MEETINGS,
TUMULTUOUS DISTURBANCE, AND UNJUST VEXATION
Violate the Accuse the
Deprive the PROHIBITION,
offended party’s offended party of a
CRIMINAL INTENT offended party of INTERRUPTION AND
constitutional crime he did not TUMULTUOUS UNJUST VEXATION
his personal liberty DISSOLUTION OF
freedom commit DISTURBANCE (153) (287)
PEACEFUL MEETINGS
(131)
ARBITRARY DETENTION AND DELAY IN DELIVERY OF DETAINED PERSONS
Crimes Against the
DELAY IN DELIVERY OF PERSONS Crimes Against Public
ARBITRARY DETENTION (124) Fundamental Laws of the Crimes Against Security
(125) Order
State
Crimes Against the Fundamental Laws of the State
AS TO OFFENDER
AS TO LEGALITY OF DETENTION Private Individual which is
Public Officer a stranger, not a Participant
Detention is legal in the beginning but the
participant
illegality of the detention starts from the
expiration of any of the periods of time
Detention is illegal from the beginning PROPOSAL TO COMMIT REBELLION AND INCITING TO REBELLION
specified without the detained prisoner
having been delivered to the proper
PROPOSAL TO COMMIT REBELLION
judicial authority INCITING TO REBELLION (138)
(136)
AS TO PRESENCE OF A WARRANT Offender induces another to commit rebellion
No warrant of arrest and without any No warrant of arrest but with legal ground AS TO OFFENDERS DECISION TO COMMIT REBELLION
legal ground
The person who proposes has decided It is not required that the offender has
to commit rebellion decided to commit rebellion

AS TO MEANS EMPLOYED

The person who proposes the execution


The act of inciting is done publicly.
of the crime uses secret means
REBELLION AND COUP D’ ETAT REBELLION AND SEDITION
REBELLION (134) COUP D’ETAT (134-A) SEDITION (139) REBELLION (134)

Crimes Against Public Order There must be public uprising

AS TO PURPOSE AS TO THE MANNER OF COMMISSION

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

AS TO THE NUMBER OF OFFENDERS

Involves a multitude of people May be committed singly or collectively


ILLEGAL ASSEMBLY AND ILLEGAL ASSOCIATION PUBLIC OFFICER, PERSONS IN AUTHORITY AND AGENTS OF PERSONS IN
AUTHORITY
ILLEGAL ASSEMBLY (146) ILLEGAL ASSOCIATION (147)
PERSONS IN AGENTS OF PERSONS
Crimes Against Public Order PUBLIC OFFICERS (203)
AUTHORITY (152) IN AUTHORITY (152)
AS TO NECESSITY OF AN ACTUAL MEETING 1. Any person who, by
direct provision of law
It is necessary that there is an actual
It is not necessary that there is an actual or by election or by
meeting or assembly of armed persons
meeting appointment by
for the purpose specified in Art 146
Any person directly vested competent authority, is
AS TO THE ACT PENALIZED Any person who takes with jurisdiction whether charged with the:
part in the performance of as an individual or as a a. Maintenance of
It is the meeting and attendance at such It is the act of forming or organizing and public functions in the member of some court or public order
meeting that are punished membership in the association that are government government corporation, b. P r o t e c t i o n a n d
punished board or commission security of life and
property
AS TO THE PERSONS LIABLE 2. A n y p e r s o n w h o
comes to the aid of
1. The organizers or leaders of the 1. T h e f o u n d e r s , d i r e c t o r s a n d
persons in authority
meeting president
2. The persons present at the meeting 2. The members
DIRECT ASSAULT AND RESISTANCE
AS TO DURATION
DIRECT ASSAULT (148) RESISTANCE (151)
More or less of some duration and
Organized for temporary purposes Offended party is a person in authority or his agents
existence

AS TO PURPOSE WHEN COMMITTED

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)

Private person to whom


FORGERY AND FALSIFICATION
the custody of the
FORGERY (169) FALSIFICATION (171) Convict whose conviction
Convict sentenced to prisoner was confided,
is not yet final or on
destierro who entered the w h o c o n s e n t e d a n d
It is the commission of any of the 8 appeal under the same
prohibited area. connived or was
R e f e r s t o t h e f a l s i fi c a t i o n a n d acts mentioned in 171 on legislative, condition
negligence, causing the
counterfeiting of treasury or bank notes
public or official, commercial or evasion (225)
or any instrument payable to bearer or
private documents or wireless or
order
telegraph messages
RECIDIVISM, REITERACION, QUASI-RECIDIVISM AND HABITUAL DELINQUENCY
HABITUAL DELINQUENCY
RECIDIVISM (14 [9]) REITERACION (14 [10]) QUASI-RECIDIVISM (160)
(62 [5])

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

The second conviction for an The previous and subsequent


Number of crimes
offense embraced in the same title offenses must NOT be embraced in Offender commits a felony Guilty the third time or oftener
committed
of the RPC the same title of the RPC

Imposes the maximum of the


If not offset by any mitigating
N o t a l w a y s a n a g g r a v a t i n g penalty for the new offense, and An additional penalty shall be
Their effects circumstance, increase the penalty
circumstance cannot be offset by any mitigating imposed
only to the maximum
circumstance

FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER (171)


PAR 1 PAR 2 PAR 3 PAR 4 PAR 5 PAR 6 PAR 7 PAR 8
ISSUING COPY OF
A T T R I B U T I N G A LT E R I N G OR
I N E X I S T E N T
HANDWRITING, S TAT E M E N T S TO UNTRUTHFUL I N T E R C A L AT I N G INTERCALATING IN
PARTICIPATION IN ACT DOCUMENT OR
SIGNATURE OR P E R S O N S STATEMENTS IN ALTERING TRUE DATES GENUINE DOCUMENT PROTOCOL, REGISTRY
OR PROCEEDING INCLUDING IN COPY
RUBRIC PARTICIPATING IN ACT NARRATION OF FACTS WHICH CHANGES OR OFFICIAL BOOK
DIFFERENT FROM
OR PROCEEDING MEANING
ORIGINAL

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)

Falsification as a Necessary Means to Commit Estafa Purpose of


publicity using a
When committed as a necessary means fictitious name is
There is no complex crime of estafa
to commit estafa, complex crime is to:
through falsification of private document. Purpose of the
committed 1. conceal a crime
offender is to:
2. e v a d e
Reason: Crime of falsification has Reason: The fraudulent gain obtained 1. conceal a crime Purpose is to enjoy
prosecution or
already been consummated. through deceit in estafa, in the 2. e v a d e t h e the rights arising P u r p o s e i s t o
the execution
Actually using the falsified document to commission of which a private document execution of a from the civil status d e f r a u d t h i r d
of judgment
defraud another is estafa, which causes was falsified, is the very damage caused judgment o f t h e p e r s o n persons
3. concealing his
the damage not the falsification. by the falsification of such document. 3. cause damage impersonated
true name or
to public
other personal
FALSIFICATION OF PRIVATE DOCUMENTS AND PRIVATE DOCUMENTS interest
circumstances
for the same
FALSIFICATION OF PRIVATE FALSIFICATION OF PUBLIC
purpose or
DOCUMENT DOCUMENT
purposes
The prejudice to a third party is taken
Prejudice to third person is
into account so that if damage is not FALSE TESTIMONY IN FAVOR AND AGAINST THE ACCUSED
immaterial; what is punished is the
apparent, or at least if with no intent to
c a u s e i t t h e f a l s i fi c a t i o n i s n o t violation of public faith and the FALSE TESTIMONY AGAINST A FALSE TESTIMONY FAVORABLE TO
punishable. perversion of truth. DEFENDANT (180) THE DEFENDANT (181)

Testimony must be complete.


USE OF FICTITIOUS NAME AND CONCEALING TRUE NAME
EFFECT ON PRESCRIPTIVE PERIOD
USING FICTITIOUS NAME CONCEALING TRUE NAME
Prescriptive period will not begin to run
ART 178 Prescriptive period commences right
as long as the case has not been
after the witness testified.
AS TO NEED FOR PUBLICITY decided with finality

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

When it tends in any When it concerns


reasonable degree to collateral matters which
When it is directed to
establish the probability or make more or less
prove a fact in issue
improbability of a fact in probable the proposition
issue at issue
MALFEASANCE, MISFEASANCE, AND NONFEASANCE MALVERSATION AND ESTAFA WITH ABUSE OF CONFIDENCE
The performance of an act which ought not to be ESTAFA WITH ABUSE OF
Malfeasance Art 210 - 211 MALVERSATION (217)
done CONFIDENCE (315)

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

PROSECUTION OF OFFENSES (OR PREVARICACION) AND BRIBERY CHARACTER OF ACCUSED


PREVARICACION (208) BRIBERY (210) Offender is usually a public officer who Offender is private individual or even a
is accountable for the public funds or public officer who is not accountable for
3rd Form: Agreeing to refrain, or by
property public funds or property
or Prosecution of Offenses, Negligence refraining, from doing something which
and Tolerance is his official duty to do, in consideration CONVERSION OF FUNDS
of gift or promise
Conversion is not required Conversion is required
NEED FOR CONSIDERATION OF A GIFT OR PROMISE
PRIOR DEMAND NEEDED
Offender refrained from doing his official
Consideration of a gift received or
duty in consideration of a gift received or No need for prior demand Prior demand is needed
promised is not an element.
promised.
REQUIREMENT FOR DAMAGE

DIRECT BRIBERY AND INDIRECT BRIBERY No element of damage There is damage


DIRECT BRIBERY (210) INDIRECT BRIBERY (211) WHEN CRIME IS COMMITTED
In both crimes, the public officer receives a gift. Crime is committed by appropriating,
taking or misappropriating or consenting Crime is committed by misappropriating,
AS TO EXISTENCE OF AGREEMENT
through abandonment or negligence, converting or denying having received
There is an agreement between the permitting any other person to take the money, goods or other personal property
public officer and the giver of gift or No such agreement exists public funds or property
present.
MALVERSATION AND TECHNICAL MALVERSATION
AS TO NECESSITY OF THE PERFORMANCE OF THE ACT
MALVERSATION (217) TECHNICAL MALVERSATION (220)
The offender agrees to perform or It is not necessary that the officer should
performs an act or refrains from doing do any particular act or even promise to Offenders are accountable public officers in both crimes
something, because of the gift or do an act, as it is enough that he
promise. accepts gifts offered to him by reason of AS TO PROFIT OBTAINED
his office.
The offender does not derive any The offender in certain cases profits
personal gain or profit from the proceeds of the crime

AS TO SUBJECT MATTER

The public funds or property is applied to


The public funds or property is applied to
the personal use and benefit of the
another public use
offender or of another person
MALVERSATION, ESTAFA AND QUALIFIED THEFT ABORTION AND INFANTICIDE
MALVERSATION (217) ESTAFA (315) QUALIFIED THEFT (310) ABORTION (256 & 2257) INFANTICIDE (255)

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

Offender is a public officer PHYSICAL INJURIES AND ATTEMPTED OR FRUSTRATED HOMICIDE OR


Offender is a private person or a public officer who
accountable over the MURDER
should not be accountable for the fund or property
funds or property
taken ATTEMPTED OR FRUSTRATED
appropriated PHYSICAL INJURIES (263 - 266)
HOMICIDE (249) OR MURDER (248)
CHARACTER OF TAKING
Death was not caused
O ff e n d e r w h o i s n o t Offender who has mere
Taking of public funds or AS TO MANNER OF COMMISSION
accountable has acquired physical or material
property is made by the
juridical possession and possession took the The offender inflicts physical injuries - May be committed even if no physical
p u b l i c o f fi c e r w h o i s
taken it with abuse of property with abuse of which is a formal crime, always in the injuries inflicted, i.e., when A with intent
accountable
confidence or deceit confidence consummated stage. to kill shoots B but missed

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

Marital rape is not recognized Marital rape is recognized


ARBITRARY DETENTION AND UNLAWFUL ARREST KIDNAPPING AND SERIOUS ILLEGAL DETENTION AND KIDNAPPING AND
FAILURE TO RETURN A MINOR
ARBITRARY DETENTION (124) UNLAWFUL ARREST (269)
KIDNAPPING AND SERIOUS ILLEGAL KIDNAPPING AND FAILURE TO
Crimes Against Fundamental Law of the DETENTION OF MINORS (267 [4]) RETURN A MINOR (270)
Crimes Against Liberty
State
Crimes Against Liberty
AS TO OFFENDER
AS TO OFFENDER
Public Officer Any Person
Offender is not entrusted with the Offender is entrusted with the custody of
AS TO PURPOSE OF THE OFFENDER custody of the victim the minor
No intention to bring the offended to AS TO THE ACT PUNISHED
Purpose of arrest is to bring the victim to
proper authorities but merely to detain
proper authority and file a charge
him What is punished is the illegal detaining What is punished is the deliberate failure
or kidnapping of the minor of the offender having the custody of the
AS TO THE MANNER OF COMMISSION minor to restore him to his parents or
guardian
Private Person: Arrests a person without
reasonable ground therefor, and the
purpose is to deliver the person arrested EXPLOITATION OF CHILD LABOR AND SERVICES RENDERED UNDER
Although authorized, detains a person to the proper authorities COMPULSION IN PAYMENT OF DEBT
without legal ground
Public officer: Not authorized to arrest SERVICES RENDERED UNDER
EXPLOITATION OF CHILD LABOR
and detain a person, or he did not act in COMPULSION IN PAYMENT OF DEBT
(273)
his official capacity (274)

Crimes Against Liberty


DELAY IN THE DELIVERY OF DETAINED PERSONS AND UNLAWFUL ARRESTS
AS TO THE AGE OF THE OFFENDED PARTY
DELAY IN THE DELIVERY OF
UNLAWFUL ARRESTS (269)
DETAINED PERSONS (125) Victim is a minor Does not distinguish whether the victim
is a minor or not
Crimes Against Fundamental Law of the
Crimes Against Liberty
State AS TO WHO IS COMPELLED TO WORK

AS TO LEGALITY OF DETENTION Minor is compelled to render services for


Debtor himself is the one compelled to
the supposed debt of his parent or
Detention is for some legal ground Detention is not authorized by law work for the offender
guardian
AS TO COMMISSION AS TO THE NATURE OF THE WORK COMPELLED
By failing to deliver such person to the Limited to household and farm work
By making an arrest not authorized by Service of minor is not limited to
proper judicial authority within a certain If in other capacities, crime committed
law household and farm work
period may be coercion
ABANDONMENT OF MINOR BY PERSONS ENTRUSTED WITH CUSTODY AND QUALIFIED TRESPASS TO DWELLING AND OTHER FORMS OF TRESPASS
ABANDONMENT OF MINOR
QUALIFIED TRESPASS TO
OTHER FORMS OF TRESPASS (281)
ABANDONMENT OF MINOR BY DWELLING (280)
ABANDONMENT OF MINOR
PERSONS ENTRUSTED WITH
(276) Crimes Against Security
CUSTODY (277)

Crimes Against Security AS TO THE OFFENDER

CUSTODY OF THE OFFENDER Offender is a private person Offender is any person

The custody of the offender is specific, AS TO THE ENCLOSURE ENTERED


The custody of the offender is stated in
that is, the custody for the rearing of
general Offender enters closed premises or
education of the minor Offender enters a dwelling house
fenced estate
AS TO AGE OF MINOR
AS TO THE NATURE OF PLACE

Minor is under 18 years of age Minor is under 7 years of age The place entered is inhabited The place entered is uninhabited

AS TO THE ACT PUNISHED


AS TO COMMISSION
It is the entering the closed premises or
Minor is delivered to a public institution Minor is abandoned in such a way as to
The act constituting the crime is entering the fenced estate without securing the
or other person deprive him of the care and protection
the dwelling against the will of the owner permission of the owner or caretaker
that his tender years need
thereof

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.

Crimes Against Security Crimes Against Liberty


GRAVE THREATS AND LIGHT THREATS
AS TO PURPOSE
GRAVE THREATS (282) LIGHT THREATS (283)
The purpose of inducing the minor to
Crimes Against Security
abandon the home is to follow any
No such purpose
person engaged in any of the callings AS TO ACT THREATENED TO BE COMMITTED
mentioned
Act threatened amounts to a crime Act threatened does not amount to a
AS TO AGE OF VICTIM crime
Victim is under 16 years of age Victim is a minor under 18 years of age AS TO DEMAND FOR MONEY

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

It is an additional penalty It is a distinct penalty GRAVE COERCION AND MALTREATMENT OF PRISONERS


EFFECT OF FAILURE TO GIVE MALTREATMENT OF PRISONERS
GRAVE COERCION (286)
(235)
If the offender fails to give the bond, he
shall be detained for a period not Crimes Against Security Crimes Committed by Public Officers
If he fails to give bail, he shall be exceeding 6 months (if prosecuted for
sentenced to destierro grave or less grave felony) or not AS TO OFFENDED PARTY
exceeding 30 days (if prosecuted for
The offended party is not a prisoner, The offended party is a prisoner,
light felony)
extracting information using force or extracting information using force or
intimidation is coercion intimidation is maltreatment
ESTAFA, DAMAGE TO PROPERTY AND UNJUST VEXATION ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF PERSONS AND
ROBBERY BY THE USE OF FORCE UPON THINGS
DAMAGE TO UNJUST
ESTAFA (315)
PROPERTY (327) VEXATION (287) VIOLENCE AGAINST OR BY THE USE OF FORCE UPON
INTIMIDATION (294 - 298) THINGS (299 - 305)
WITH INTENT TO
X
GAIN The taking is robbery only if force is
used to:
PURPOSE WAS 1. Enter the building
NOT TO 2. Break doors, wardrobes, chests or
DEFRAUD BUT X The taking is always robbery any other kind of locked or sealed
ONLY TO CAUSE furniture or receptacle inside the
DAMAGE building
3. Force them open outside after taking
INTENTION WAS
the same from the building
M E R E LY TO
X
C A U S E Value of the thing taken is immaterial.
VEXATION If committed in an inhabited house,
The penalty depends upon:
public building, or edifice devoted to
1. The result of the violence used
religious worship, the penalty is based
PUBLIC OFFICER REVELING SECRETS OF PRIVATE INDIVIDUAL AND (homicide, rape, intentional
on:
DISCOVERING SECRETS THROUGH SEIZURE OF CORRESPONDENCE mutilation, serious physical injuries,
1. The value of the thing taken
less serious or slight physical injuries
DISCOVERING SECRETS THROUGH 2. Whether or not the offender carry
REVELATION OF SECRETS OF resulted)
SEIZURE OF CORRESPONDENCE arms
PRIVATE INDIVIDUAL (230) 2. The existence of intimidation only
(290)

Crimes Committed by Public Officers Crimes Against Security THREATS AND ROBBERY THROUGH INTIMIDATION

AS TO NATURE GRAVE (282) AND LIGHT (283) ROBBERY THROUGH INTIMIDATION


THREATS (294)
Public officer comes to know the secret
Private individual seizes the papers or Crimes Against Security Crimes Against Property
of any private individual by reason of his
letters of another
office
AS TO THE NATURE OF INTIMIDATION
AS TO DISCOVERY OF SECRET
Intimidation is conditional or future Intimidation is actual and immediate
It is necessary that the offender seizes
The secret is not necessarily contained AS TO HOW INTIMIDATION IS DONE
the papers or letters of another to
in papers or letters
discover the secrets of the latter Intimidation may be through an
Intimidation is personal
intermediary
AS TO REVELATION OF SECRET
AS TO THE NATURE OF INTIMIDATION
It is not necessary that there be a secret,
Reveals the secret without justifiable
and if there is a secret discovered, it is Intimidation may refer to person, honor
reason Intimidation is directed only to the
not necessary that it be revealed or property of the offended party or of
person of the victim
his family
AS TO ACT PUNISHED
AS TO THE CULPRIT’S GAIN
Act punished is the seizure of
Act punished is the revelation of secrets
correspondence so as to discover the The gain of the culprit is not immediate The gain of the culprit is immediate
by the officer by reason of his office
secrets of the offended party
ROBBERY WITH VIOLENCE AND GRAVE COERCION HIGHWAY ROBBERY UNDER PD 532 AND BRIGANDAGE UNDER THE RPC
ROBBERY WITH VIOLENCE (294) GRAVE COERCION (286) UNDER PD 532 ART 306 RPC

Crimes Against Property Crimes Against Security


AS TO CONSPIRACY AMONG MEMBERS
AS TO THE USE OF VIOLENCE
Mere conspiracy to constitute the
In both crimes, there is violence used by the offender Mere formation of a band for any
offense of brigandage is not punishable
purpose indicated in the law is
(presupposes that acts defined are
INTENT TO GAIN punishable
actually committed)
With intent to gain No intent to gain AS TO FORMATION OF A BAND

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

FRAUDULENT INSOLVENCY AND INSOLVENCY LAW AS TO AGREEMENT


FRAUDULENT INSOLVENCY (314) INSOLVENCY LAW Agreement is to commit several Agreement is to commit a particular
robberies robbery
No need for insolvency proceedings and Crime should be committed after the
to be adjudged bankrupt or insolvent institution of insolvency proceedings AS TO ACT PUNISHED

Actual commission of robbery is


Mere formation for any of the above
necessary, as mere conspiracy to
purposes is punished
commit robbery is not punishable
THEFT AND ROBBERY THEFT AND ESTAFA WITH ABUSE OF CONFIDENCE
THEFT (308) ROBBERY (293) ESTAFA WITH ABUSE OF
THEFT (308)
CONFIDENCE (315 [1])
In both crimes, there is unlawful taking of property belonging to another with intent
to gain
AS TO ACQUISITION OF PROPERTY
AS TO THE PRESENCE OF VIOLENCE
The offender takes the thing without the The offender receives the thing from the
The offender does not use violence or owner’s consent offended party
intimidation or does not enter a house or
building through any of the means There is violence or intimidation or force AS TO POSSESSION
specified in Art 299 or 302 in taking upon things
personal property of another with intent The offender acquires only the material The offender acquires also the juridical
to gain. or physical possession of the thing possession and misappropriates it

AS TO THE CONSENT OF THE OWNER THEFT, ESTAFA AND NO CRIME COMMITTED


It suffices that consent on the part of the It is necessary that the taking is against MP + M = THEFT
owner is lacking the will of the owner
If the offender has been given material possession of the personal property and he
misappropriates the same, he is liable for the THEFT.
THEFT OR ROBBERY AND OCCUPATION OF REAL PROPERTY OR USURPATION
OF REAL RIGHTS IN PROPERTY
JP + MP + M = ESTAFA
OCCUPATION OF REAL PROPERTY
THEFT (308) OR ROBBERY (293) OR USURPATION OF REAL RIGHTS If the offender has been given juridical possession and material possession of the
IN PROPERTY (312) personal property and he misappropriates the same, he is liable for ESTAFA

In both crimes, there is intent to gain O + JP + MP + M = NO CRIME

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])

Same manner of committing the crime

AS TO OFFENDER

Offender is a public officer who is The offender is a private individual who


officially entrusted with the document is not officially entrusted with the
documents

AS TO INTENT

Intent to defraud is not necessary There is intent to defraud


ESTAFA WITH ABUSE OF CONFIDENCE AND MALVERSATION DISPOSING OF ENCUMBERED PROPERTY AND ESTAFA
ESTAFA WITH ABUSE OF DISPOSING OF ENCUMBERED
MALVERSATION (217) ESTAFA (316)
CONFIDENCE (315 [1]) PROPERTY (319)

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])

AS TO OFFENDER AS TO ACT PUNISHED

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)

In both crimes, the offender postdated a check or issued a bouncing check

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

Malum prohibitum Malum in se

AS TO PURPOSE OF ISSUANCE OF CHECK

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

Must be accompanied by acts of Moral compulsion amounting to


FORCIBLE ABDUCTION AND GRAVE COERCION OR KIDNAPPING
lasciviousness or lewdness intimidation is sufficient
GRAVE COERCION (286) OR
FORCIBLE ABDUCTION (342)
KIDNAPPING (267)
OFFENSES AGAINST CHASTITY AND ABUSES AGAINST CHASTITY
OFFENSES AGAINST CHASTITY ABUSES AGAINST CHASTITY Crimes Against Chastity Crimes Against Liberty and Security
(334 - 346) (245)
AS TO LEWD DESIGN
Committed by private individual, in most
Committed by a public officer only With lewd design No lewd design
cases
AS TO DEPRIVATION OF LIBERTY
Mere immoral or indecent proposal
Some lasciviousness should have been
made earnestly and persistently is There is no deprivation of liberty There is deprivation of liberty
executed by the offender
sufficient
ACTS OF LASCIVIOUSNESS AND ACTS OF LASCIVIOUSNESS WITH THE CORRUPTION OF MINORS AND WHITE SLAVE TRADE
CONSENT OF THE OFFENDED PARTY
CORRUPTION OF MINORS (340) WHITE SLAVE TRADE (341)
ACTS OF LASCIVIOUSNESS WITH
ACTS OF LASCIVIOUSNESS (336) CONSENT OF THE OFFENDED Crimes Against Chastity
PARTY (339)
AS TO THE MINORITY OF THE VICTIM
In both crimes, acts of lasciviousness is involved.
It is essential that victims are minors Minority need not be involved
AS TO OFFENDED PARTY
AS TO THE SEX OF THE VICTIMS
The offended party should only be
The offended party is a male or female May have victims of either sex Limited only to females
female
AS TO PROFIT
AS TO ACTS COMMITTED
May not necessarily be for profit Generally for profit
The acts of lasciviousness are
T h e a c t s a r e c o m m i t t e d u n d e r committed under the circumstances AS TO HABITUALITY
circumstances which had there been when, had there been carnal knowledge,
carnal knowledge, would amount to rape would amount to either qualified Committed by a single act Generally committed habitually
seduction or simple seduction
ABANDONING A MINOR AND SIMULATION OF BIRTHS, SUBSTITUTION OF ONE
WHO MUST PROSECUTE CRIMINAL ACTIONS IN RA 7610 AND ACTS OF CHILD FOR ANOTHER AND CONCEALMENT OR ABANDONMENT OF A
LASCIVIOUSNESS LEGITIMATE CHILD
THE CHILD ABUSE LAW (RA 7610) ACTS OF LASCIVIOUSNESS (336) S I M U L AT I O N O F B I R T H S ,
SUBSTITUTION OF ONE CHILD FOR
Complains on cases of unlawful acts ABANDONING A MINOR (276) ANOTHER AND CONCEALMENT OR
committed against the children as The offenses of seduction, abduction ABANDONMENT OF A LEGITIMATE
enumerated herein may be filed by the and acts of lasciviousness shall not be CHILD (347)
following: prosecuted except upon complaint filed
a. Offended party by the: Crimes Against Security Crimes Against Civil Status of Persons
b. Parents or guardians 1. Offended party; or
c. Ascendants or collateral relative 2. Her parents, grandparents, or AS TO OFFENDER
within the third degree of guardian;
The offender must be the one who has
consanguinity Nor in the case if the offender has been The offender is any person
the custody of the child
d. O f fi c e r , s o c i a l w o r k e r , o r expressly pardoned by any of them.
representative of licensed child- AS TO THE PURPOSE OF THE OFFENDER
rearing institution If the offended party dies or becomes
e. Officer or social worker of the incapacitated before she can file the The purpose of the offender is to avoid
The purpose is to cause the child to lose
Department of Social Welfare and complaint and she has no known the obligation of rearing and caring for
its civil status
Development parents, grandparents or guardian, the the child
f. Barangay chairman State shall initiate the criminal action in
g. At least 3 concerned responsible her behalf
citizens where the violation occurred
ABSOLUTE PRIVILEGED COMMUNICATION AND QUALIFIED PRIVILEGE INCRIMINATING INNOCENT PERSONS AND DEFAMATION
COMMUNICATIONS
INCRIMINATING INNOCENT
DEFAMATION (353)
ABSOLUTE PRIVILEGED QUALIFIED PRIVILEGED PERSONS (363)
COMMUNICATIONS COMMUNICATIONS
Offender does not avail himself of Imputation is public and malicious
Not actionable written or spoken word in besmirching calculated to cause dishonor, discredit,
Narrow and few: Actionable if malice or bad faith is the victim’s reputation or contempt upon the offended party
1. Privileged speeches in Congress proven
2. S t a t e m e n t s m a d e i n j u d i c i a l
INTRIGUING AGAINST HONOR AND DEFAMATION
proceedings as long as they are Based on par 1 and par 2 of Art 354,
relevant to the issue although the list is not exclusive INTRIGUING AGAINST HONOR (364) DEFAMATION (354)
3. Military affairs
Incriminatory Machinations Libel

MALICE IN LAW AND MALICE IN FACT AS TO SOURCE OF DEROGATORY REMARKS


MALICE IN LAW MALICE IN FACT Source of derogatory statements cannot
Source is known
be determined
Presumed for defamatory character of To be proved by the prosecution only if
statement malice in law has been rebutted AS TO NATURE OF ACT
Can be negated by evidence of: Committed in a public and malicious
Statement is presented to court, and the Consists of some tricky and secret plot
1. Good motives AND justifiable ends; manner
latter will decide whether it is defamatory
or
or not
2. Privileged character AS TO NATURE OF REMARKS

P a s s e s s u c h u t t e r a n c e s w i t h o u t The remarks made are claimed to be


INCRIMINATING INNOCENT PERSONS AND PERJURY BY MAKING FALSE subscribing to the truth of the remarks true
ACCUSATIONS
INCRIMINATING INNOCENT PERJURY BY MAKING FALSE INTRIGUING AGAINST HONOR, SLANDER AND INCRIMINATING INNOCENT
PERSONS (363) ACCUSATIONS (183) PERSONS
Crimes Against Honor Crimes Against Public Interest INCRIMINATING
INTRIGUING AGAINST
SLANDER (358) INNOCENT PERSONS
ACT WHICH CONSTITUTES A CRIME HONOR (364)
(363)
Limited to the act of planting evidence Giving of false statement under oath or The source of the Offender made the
and the like in order to incriminate an making a false affidavit, imputing the defamatory utterance is utterance, where the Offender performs an act
innocent person person the commission of the crime unknown and the offender source of the defamatory by which he directly
simply repeats or passes nature of the utterance is incriminates or imputes to
HOW IT IS COMMITTED
the same to blemish the k n o w n , a n d o ff e n d e r an innocent person the
It is committed by performing an act by honor or reputation of makes a republication commission of a crime
which the offender directly incriminates It is committed when the imputation was another thereof
or imputes to an innocent person the falsely made before an officer
commission of the crime
INCRIMINATING INNOCENT PERSONS, PERJURY BY MAKING FALSE
ACCUSATIONS AND DEFAMATION
INCRIMINATING PERJURY BY MAKING
INNOCENT PERSONS FALSE ACCUSATIONS DEFAMATION (353)
(363) (183)

Giving of false statement Public and malicious


Act of planting evidence
under oath or making a imputation calculated to
and the like in order to
false affidavit, imputing to cause dishonor, discredit
incriminate an innocent
the person the or contempt upon the
persons
commission of the crime offended party

IMPRUDENCE AND NEGLGIENCE


IMPRUDENCE NEGLIGENCE

Lack of skill Lack of foresight

Deficiency of action Deficiency of perception

Failure in precaution Failure in advertence

To avoid wrongful acts: To avoid wrongful acts:


One must take the necessary precaution Paying proper attention and using due
once they are foreseen diligence in foreseeing them