Criminal Law II Compendium of Penalties Titles 1-3

Title Title One Crimes Against National Security and the Law of Nations
Art No/ Title 114 Treason 115 Conspiracy 116 Misprision of 117 Espionage
and Proposal to Treason
Commit Treason

Offender Filipino citizen, resident alien Filipino citizen Any person Public officer
Acts Punished 1) By levying war against the Government; Conspiracy: In time 1) Filipino offender 1) Enters w/o authority a warship, fort, or 2) Disclosing to the repesentative of a
2) By adhering to the enemies, giving them aid or comfort. of war, two or more owes allegiance to naval or military establishment or foreign nation information obtained in
persons agree and the Government; reservation to obtain any info, plans, the first act, which he possessed bry
1) Offender is either a Filipino or a resident alien; decide to commit 2) Has knowledge photographs of a confidential nature reason of his public office.
2) There is a war where the Philippines is involved; treason. of any conspiracy relative to the defense of the PH
Elements 3) The offender either: a) levies war against the Government; or b) adheres to the to commit treason; a) Enters any of the places a) public officer; b) possesses any of the
enemy, giving them aid or comfort Proposal: A person 3) Conceals or does aforementioned; b) Unauthorized; c) articles by reason of his public office;
Aggravating: Cruelty, Ignominy has decided to not disclose the Purpose is to obtain confidential c) Discloses contents to a representative
Not aggravating: Evident premeditation, superior strength, and treachery - all commit treason same ASAP to the information relative to Philippine defense of a foreign nation
inherent; Exempting: Duress, lawful obedience to a de facto government, fear of and proposes its governor, mayor, or
Modifying immediate death, not just injury. execution to others. fiscal Qualifying: Public officer
Circumstances Not exempting: Suspended allegiance, change of sovereignty, loss of citizenship
Penalty Filipino - RP to Death and fine <100K Conspiracy: PM, Accessory to PC PM
fine >10K treason: PM
Alien resident - RT to Death and fine <100K Proposal: PC, fine
>5K
Definitions, Treachery is a breach of allegiance to a government, committed by a person who Two-witness rule Does not apply Espionage is the gathering, transmitting, or losing information respecting the
Notes and owes allegiance to it. does not apply. when there already national defense with intent or reason to believe that same be injurious to the
Jurisprudence Allegiance is the obligation of fidelity and obedience an individual owes to the is treason, nor Republic or advantageous to a foreign nation.
government that protects him. It may be permanent or temporary. May be committed when only a
Adherence to the enemy - intent to betray; intellectually and emotionally favoring during peacetime. proposal is known.
the enemy and harboring sympathies and convictions disloyal to his own country's (Regalado)
policy or interest. Offender is a
Aid or comfort - ACT which strengthens or tends to strengthen the enemy principal to
misprision of
treason, thus,
Article 20 does not
How to prove offender is Filipino apply (not absolved Not necessary that information is Espionage and treason distinguished:
- Prison record, or witness testimony even if related to obtained. Both not conditioned on citizenship;
conspirators).
Levying war requires: 1) actual assembling of men; and 2) for the purpose of But treason is committed only in time of
executing a treasonable design by force. Mere enlistment of men is not sufficient. Exception to the war, espionage both in times of war and
rule that mere peace;
No treason through negligence. silence does not
make one Treason may be committed in only two
Can't be complexed and is a continuous crime. criminally liable. ways; Espionage in many ways (see CA
616)
How to prove: 1) At least two witnesses to the same overt act; or 2) Open court May be committed
confession during peacetime.
(Regalado)
Adherence may be proved: 1) by one witness; 2) from the nature of the act; or 3)
from the circumstances surrounding the act.

If the alien is a co-conspirator, he need not be a resident of the Philippines.

General rule: Alien offender must be resident, except if co-conspirator. (Regalado) 1
 Criminal Law II Compendium of Penalties Titles 1-3

Title Title One Crimes Against National Security and the Law of Nations
Art No/ Title CA 616 AN ACT TO PUNISH 118 Inciting to war or giving motives for 119 Violation of 120 121 Flight to 122 Piracy in general and mutiny on the Mutiny
ESPIONAGE AND OTHER OFFENSES reprisals neutrality Correspondence enemy's country high seas or in Philippine waters
AGAINST THE NATIONAL SECURITY with hostile country

Offender Sec 1: Unlawfully obtaining or permitting Any person Any person Any person Filipino, resident 1) Attacking or seizing a vessel on the 1) Unlawful
to be obtained information affecting alien high seas or in PH waters; 2) Seizing in resistance to a
Acts Punished Provocation or giving occasion for a war Violation of a 1) There is war
national defense. the vessel while on the high seas or in superior officer;
involving or liable to involve the RP or regulation for involving PH; 2)
Sec 2: Unlawful disclosing of information 1) There is a war PH waters the whole or part of its cargo, 2) Raising of
expose Filipinos to reprisals neutrality Offender makes
affecting national defense. involving PH; its equipment or personal belongings of commotions on
1) There is a war correspondence
Sec 3: Disloyal acts or words in time of 2) Offender owes its complement or passengers board againt the
wherein PH is not with the enemy; 3)
peace. allegiance to the authority of its
Elements Sec 4: Disloyal acts or words in time of 1) performs unlawful or unathorized acts; involved; Correspondence is
Government; 1) A vessel is on the high seas or PH commander.
war. 2) Such acts provoke or give occasion for 2) Competent either: a) prohibited
3) Offender waters; 2) Offenders are strangers to the
Sec 5: Conspiracy to violate preceding a war involving or liable to involve the RP authority has by Government; or
attempts to flee or vessel; 3) Offenders commit any of the 1) Offenders are
or expose Filipinos to reprisals. issued regulation of b) carried on in acts punishable.
sections. go to the enemy members of the
neutrality; signs or ciphers; or
Modifying Sec 6: Harboring or concealing violators Qualifying: Public officer - RT country; Considered as Terrorism under RA 9372 crew or passengers
3) Offender violates c) might be useful
Circumstances of the law. such regulation. to the enemy.
4) Going to enemy when it results to a condition of
Sec 9: Using or permitting or procuring country prohibited widespread and extraordinary fear and RP
Penalty an aircraft to photograph or sketch vital PM; PC 1) Prohibited: PC by competent
2) In ciphers: PM panic, in order to coerce the government
installations of the AFP authority. to give in to an unlawful demand. Penalty
Sec 10: Reproducing, publishing, selling RT for public officers 3) Might be useful: AMay
RT is 40 years IMP w/o parole.
without permission of commanding
Definitions, officer items in Sec 9 Intention is immaterial. Neutrality is when a Correspondence is There should be High seas are parts of the seas that are Mutiny is the
Notes and Sec 11: Injuring or destroying or nation or a power communication by expressed not included in the EEZ, territorial seas, or unlawful resistance
Jurisprudence attempting to injure or destroy war Only committed in time of peace. takes no part in a means of letters prohibition by the in the internal waters of a state, or in the to a superior
materials when Philippines is at war contest of arms either in friendly or Government. archipelagic waters of an archipelagic officer, or the
Sec 12: Making war materials in a going on between business relations. state. raising of
defective manner. others. Note: If there is Mere attempt Piracy is robbery or forcible depredation commotions and
Sec 13: Injuring or destroying national intent to aid, consummates the on the high seas, without lawful authority disturbances on
defense material, premises, or utilities penalty is same as crime. and done with animo furandi and in the board a ship
Sec 14: Making defective national that of Treason. spirit and intention of universal hostility. against the
defense materials Qualifying: 1) Mala prohibitum, authority of its
Notice or therefore, intent is commander.
information might immaterial. Intent to gain is essential in piracy. Intent to gain not
be useful to the essential in mutiny.
enemy; AND 2) Pirata est hostis humani generis (a pirate Ignoring authority
Offender intended is an enemy of the human race). The sufficient, and may
to aid them. crime of piracy is known to the law of be prompted by a
nations, which is justiciable anywhere. desire to commit
(Regalado) plunder.
- If correspondence has been prohibited, those containing PP v Tulin, Aug 30 2001
innocent matters still punishable. RA 7659 did not supersede the provisions on piracy under PD
- Prohibition not essential in Acts 2 and 3. 532, and that said PD merely widened the coverage of the law.
- Acts 1 and 2 are mala prohibita offenses. Act 3 is similarly Hence, piracy under Art 122 and piracy under PD 532 can co-
punsihed as that of treason, but doesn't require the two- exist as separate offenses.
witness rule (Regalado) Moreover, piracy falls under Title One of Book Two of the
Revised Penal Code. As such, it is an exception to the rule on
territoriality in criminal law.

2
 Criminal Law II Compendium of Penalties
Title Title One Crimes Against National Security and the Law of Nations
Art No/ Title PD 532 Anti-Piracy and Highway
Robbery Law of 1974
Offender Any person
Acts Punished 1) Attack upon or seizure of any vessel,
or the taking away of the whole or part
thereof or its cargo, equipment, or the
personal belongings of the complement
or passengers, irrespective of the value
Elements thereof, by means of violence against or
intimidation of persons or force upon
things
Modifying
Circumstances
Penalty
Definitions, PD 532
Notes and
Jurisprudence Any person who aids or protects pirates,
or abets the commission of piracy, is
liable as an accomplice (not merely an
accessory).
PP v Catantan, Sep 5 1997
The sudden appearance of another
pumpboat with four passengers, all
strangers to them, easily intimidated the
Pilapil brothers that they were impelled to
submit in complete surrender to the
marauders. The moment Catantan
jumped into the other pumpboat he had
full control of his victims. The sight of a
drawn revolver in his hand drove them to
submission.
Titles 1-3
RA 9372 Human Security Act of 2007 123 Qualified Piracy
(1) the offender commits an act punishable under any of the cited provisions of the Revised Penal Code, Violated Art 122
or under any of the enumerated special penal laws;
1) Seizing the vessel by boarding or firing upon the same;
(2) the commission of the predicate crime sows and creates a condition of widespread and extraordinary
2) Pirates have abandoned their victims helpless;
fear and panic among the populace; and
3) Accompanied by murder, homicide, physical injuries, or rape
(3) the offender is actuated by the desire to coerce the government to give in to an unlawful demand.
1) Offender violated Art 122;
2) Any of the qualifying circumstances is present
Considered as Terrorism under RA 9372
when it results to a condition of widespread and extraordinary
fear and panic, in order to coerce the government to give in to
an unlawful demand. Penalty is 40 years IMP w/o parole.
Principal: 40y w/o parole RP to Death
Conspiracy to commit: 40y
Accomplice: 17y 4m 1d to 20y
Accessory: 10y 1d to 12y
a. Article 122 (Piracy in General and Mutiny in the High Seas or in the Philippine Waters); Philippine waters refers to all bodies of water within the PH
b. Article 134 (Rebellion or Insurrection); archipelago, and all others belonging to the PH by historic or
c. Article 134-a (Coup d' Etat), including acts committed by private persons; legal title, including territorial sea, the sea-bed, insular shelves,
d. Article 248 (Murder); and other submarine areas over which the PH has sovereignty
e. Article 267 (Kidnapping and Serious Illegal Detention); or jurisdiction.
f. Article 324 (Crimes Involving Destruction), or under
1. Presidential Decree No. 1613 (The Law on Arson); Vessel shall include all types of watercraft regardless of
2. Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990); purpose.
3. Republic Act No. 5207, (Atomic Energy Regulatory and Liability Act of 1968);
4. Republic Act No. 6235 (Anti-Hijacking Law);
5. Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974); and,
6. Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Considered as a special complex crime
Possession, Manufacture, Dealing in, Acquisition or Disposition of Firearms, Ammunitions or Explosives)
Sourthern Hemisphere Engagement Network, Inc. v. Anti-Terrorism Council, October 5, 2010
What the law seeks to penalize is conduct, not speech. Before a charge for terrorism may be filed under
RA 9372, there must first be a predicate crime actually committed to trigger the operation of the key
qualifying phrases in the other elements of the crime, including the coercion of the government to accede
to an "unlawful demand."
PP v Manalili, Nov 22, 2000
The void-for-vagueness and overbreadth doctrines are inapplicable in penal laws as they are only to be
applied in freedom-of-speech provisions.
3
 Criminal Law II Compendium of Penalties
Title Title Two Crimes Against the Fundamental Laws of the State
Art No/ Title 124 Arbitrary detention
Offender 1) Offender is a public officer or employee; 2) Detains a person; 3) Detention is without legal grounds.
1) <=3 days: AMay max to PC min; 2) >3 days, <= 15 days: PC med-max 3) >15 days, <= 6 months: PM 4) >6 months: RT
Acts Punished
- Can be committed through imprudence provided in Art 365 par 2 in relation to Art 124 par 1.
- Can not be complexed with unlawful arrest (Art 269)
Detention is the actual confinement of a person in an enclosure, or in any manner detaining and depriving him of his liberty
Legal grounds for detention include 1) commission of the crime; or 2) violent insanity or any ailment requiring compulsory
confinement in a hospital.
Elements Valid warrantless arrest when 1) suspect is caught in flagrante delicto; 2) an offense has been committed and is in hot pursuit
of a suspect believed to have committed the offense, based on probable cause, grounded on personal knowledge; and 3)
person escaped detention.
Probable cause, such facts and circumstances which could lead a reasonable descreet and prudent man to believe that an
Modifying offense has been committed and that the relevant object are in the place sought to be searched.
Circumstances Variations:
Arbitrary detention - No ground, intent is just to detain without intent to deliver to JA.
Penalty Unlawful arrest (Art 269) - Detention of no legal ground, purpose to deliver to judicial authorities.
Delay of delivery (Art 125) - there is legal ground, but unduly delays delivery
Coercion (Art 286) - no intention to detain but wictim was restricted of freedom of movement
Abduction (Art 342) - victim is a woman detained with lewd designs
Definitions, - Arts 124, 125 and 126 violates Sec 1 Art III of PH Consti, unlawful deprivation of liberty without due process.
Notes and - Public officers must be vested with authority to detain or order the detention of persons, such as, police, judges, mayors,
Jurisprudence barangay captains, councilors.
- If offender is a private person or a public officer not vested with authority, punishable by Art 267 or 268 for Illegal detention.
- Private persons who conspired with public officers are punished in Art 124.
- A crime must in fact or actually have been committed first, for detention to be legal.
- Actual commission of the crime by the person detained is not necessary to justify his detention, under Sec 5 Rule 113 of the
Revised Rules of Criminal Procedure.
- Justice of peace who arbitrarily and without investigation detains a person is guilty of arbitrary detention through negligence.
- No reasonable ground if officer only wants to know the commission of crime.
- Juridical existence of a crime committed by the victim is not essential. What is determinative is the good faith and the
purpose of the public officer under the circumstances of the case as they appeared to him. If it turns out the person detained
was innocent, the officer acted under a mistake of fact. (Regalado)
US v Hachaw, Feb 20 1912
This testimony of the witness does not present any clear reason why he arrested the Chinaman. He arrested him because, as
he said, "I wanted to see if he had committed a crime." Among free men and under constitutional and statutory guaranties of
personal liberty, this furnishes no reason whatever why a person should be arrested
US v Sanchez, Mar 30, 1914
The defendant, therefore, acted in compliance with orders of his chief, the sergeant of police, in asserting Benigno Aranzanso
and his detention was justified for the purpose of identifying his person, since, according to the sergeant himself, reasonable
grounds existed for believing in the existence of a crime and suspicion pointed to that individual.
Astorga v PP, Aug 20 2004
The determinative factor in Arbitrary Detention, in the absence of actual physical restraint, is fear. The events that transpired
are, to be sure, capable to two interpretations. While it may support the proposition that the private offended parties were taken
to petitioner's house and prevented from leaving until 2 AM the next morning, it is equally plausible, if not more so, that
petitioner extended his hospitality and served dinner and drinks at his house.
Titles 1-3
125 Delay in the delivery of detained persons to the proper judicial authorities
Failure to deliver a detained person to the proper judicial authorities for a specific
period of time.
1) Offender is a public officer or employee
2) Person detained for some legal ground; There is no warrant of arrest.
3) Fails to deliver such person to proper judicial authorities within: a) 12 hours for
light; b) 18 hours for correctional; 36 hours for afflictive or capital.
1) <=3 days: AMay max to PC min;
2) >3 days, <= 15 days: PC med-max
3) >15 days, <= 6 months: PM
4) >6 months: RT
- If the offender is a private person, the crime is illegal detention under Art 267 or
268.
- Does not apply when there is a warrant of arrest.
- Detained person should be released when a judge is not available.
- May ask for a preliminary investigation but waives provisions of Art 125.
Nonetheless, it should be finished within 15 days (Sec 7, Rule 112)
- Illegality of detention is not cured by the filing of information since violation has
already been committed.
- Applies to offenses punished in special laws.
The hours during which the courts are closed are not to be counted.
Sayo v Chief of Police, May 12 1948
Judicial authority mean the courts of justices or judges of said courts vested with
judicial power to order the temporary detention or confinement of a person charged
withe having committed a public offense. They can not be contrued to include
fiscals because they can not issue a warrant of arrest.
If the city fiscal does not file the information within the prescribed time and the
arresting officer continues holding the prisoner, the fiscal will not be liable because
he is not the one who arrested and illegally detained the person, unless he has
ordered or induced the same.
Tuason J., dissenting opinion
The prescribed hours are meant exclusively for the police officer who made the
arrest. It is also a general principle of law that an officer need not necessarily have
personal knowledge of the facts constituting the offense, in the sense of having
seen or witnessed the ofense himself, but he may, if there are no circumstances
known to him which materially impeach his information, acquire his knowledge from
information imparted to him by reliable and credible third persons, or by information
together with other suspicious circumstances.
Lino v Fugoso, Jan 30 1947
The illegality of their detention was not cured by the filing of information against
them, since no warrants of arest or orders of commitment have been issued by the
municipal court xxx.
4
 Criminal Law II Compendium of Penalties Titles 1-3

Title Title Two Crimes Against the Fundamental Laws of the State
Art No/ Title 126 Delaying release 127 Expulsion 128 Violation of domicile 129 Search warrants maliciously obtained and abuse in the service of those legally obtained

Offender Public Officer or employee

Acts Punished Delaying: 1) Performance of a judicial or 1) Expels a person 1) Entering a dwelling against owner's 1) Procuring search warrant without just 2) Excess in executing search warrant;
executive order of release; 2) Service of from PH; 2) will; 2) Searching without owner's cause;
notice; 3) Proceedings upon any petition Compels him to previous consent;
for release. change residence 3) Refusing to leave when so required.

Elements 1) Officer or employee 2) There is a 1) Public officer or 1) Offender is a public officer or 1) Offender is a public officer or 1) Offender is a public officer or employee
judicial or executive order of release, or a employee employee employee; 2) Search warrant legally procured;
proceeding upon a petition of release; 3) 2) Does either acts 2) No judicial order. 2) Procures a search warrant; 3) Exceeds authority, or unnnecessary severity
Offender baselessly delays. punished; 3) No just cause.
Modifying 1) <=3 days: AMay max to PC min; 3) Not authorized Qualified: Nighttime; Any items not Perjury and the crime of search warrant maliciously obtained are distinct and separate crimes.
Circumstances 2) >3 days, <= 15 days: PC med-max by law. constituting evidence are not returned
Penalty 3) >15 days, <= 6 months: PM PC immediately. AMay max - PC min, fine <1K
4) >6 months: RT
PC min;
Qualified: PC med-max

Definitions, Wardens and jailers are most likely to Violates liberty of Search is to inspect any vessels and its Search warrant is an order in writing issued in the name of the People of the PH, signed by a judge and
Notes and violate Art 126. abode under Sec 6 contents. To merely look at, or having directed to a peace officer, commanding him to search for personal property described therein and bring
Jurisprudence Art III of PH Consti. found those that are in full view is not the it before the court. It may be issued for the search and seizure of personal property:
search contemplated. a) subject of the offense; b) stolen or embezzled, proceeds or fruits therefrom; c) used or intended to be
Valid expulsion: used to commit an offense. It is valid for 10 days, and shall be void thereafter.
ejectment,
expropriation, Requisites of a search warrant: 1) probable cause to one specific offense; 2) determined by a judge
destierro, all personally; 3) oath or affirmation of complainant and possible witnesses; indicating the 4) place to be
judicial acts. searched; and 5) things to be seized.
Search must be done in the presence of the lawful occupant, or any family member, or two witnesses of
sufficient age and discretion residing in the same locality.
Arts 128, 129, 130 violates right to Receipt of the properties seized must be given to the witnesses.
privacy, be secure in their persons, True test of lack of just cause is when affidavit in support of the application for a search warrant may be
houses, effects against unreasonable perjurious.
searches under Sec 2 Art III of PH Search and seizure without warrant as an incident to a lawful arrest is legal.
Consti. Vessels and aircrafts may be searched and seized without warrant.
Warrantles searches are not penalized under the RPC or any special penal laws. Remedy of victim may
If committed by a private person, either be civil (Art 32(9) of Civil Code) or administrative (Sec 41 RA 6975).
trespass to dwelling under Art 280. Galvante v Casimiro, Apr 22, 2008
The complaint for warrantless search charges no criminal offense. The remedy of petitioner against the
Silence of the owner shows implied warrantless search conducted on his vehicle is civil, under Art 32 in relation to Article 2219 (6) and (10) of
waiver, unless under duress. the CC, and/or disciplinary and administrative, under Sec 41 of RA 6975.
Goco v PP, Feb 13, 2013
Consequently, as it cannot be said that Ramon was validly arrested (for breach of peace), the warrantless
search that resulted from it was also illegal. Thus, the subject shabu purportedly seized from Ramon is
inadmissible in evidence for being the proverbial fruit of the poisonous tree xxx.

5
 Criminal Law II Compendium of Penalties Titles 1-3

Title Title Two Crimes Against the Fundamental Laws of the State Title Three Crimes Against Public Order
Art No/ Title 130 Searching 131 Prohibition, interruption, and 132 Interruption 133 Offending the 134 Rebellion or insurrection
domicile without dissolution of peaceful meetings of religious worship religious feelings
witnesses

Offender Conduct of 1) prohibiting or interrupting the holding 1) Public officer or Any person Any person
judicially authorized of a peaceful meeting without legal employee
Acts Punished Performs acts Public uprising and taking arms against the government
search without ground, or dissolving same; 2) Religious
notoriously
witnesses present 2) hindering any person from joining ceremonies or
offensive to the
1) Offender is a lawful associations or from attending manifestation of
feelings of the
public officer or their meetings; religion are about to
faithful.
employee 3) prohibiting or hindering any person or take place or are on
Elements 2) Valid search group from petitioning for redress of going. 1) Acts performed 1) There be a (a) public uprising, and (b) taking arms against the Government.
warrant; grievances. 3) Prevents or in a) a place 2) Purpose is either: a) to remove from the allegiance thereto or its laws: (1) PH territory or any part
3) Searches the devoted to religious
disturbs the same. thereof; or (2) any body of land, naval or other armed forces; or b) to deprive the Chief Executive or
domicile; worship; OR b) Congress, wholly or partially, of any of their powers or prerogatives.
Modifying 4) No witness With violence or during religious Promotes, maintains, heads: RP;
Circumstances present. threats ceremony; 2) Acts Participant: RT
are notoriously Considered as Terrorism under RA 9372
Penalty AMay med-max PC min PC min; offensive to the when it results to a condition of widespread and extraordinary fear and panic, in order to coerce the
feelings of the government to give in to an unlawful demand. Penalty is 40 years IMP w/o parole.
Qualified: PC med- faithful.
max AMay max - PC min
Definitions, Does not apply to - Right to peacably assemble not Prevents or Religious Rebellion is to overthrow and supersede the existing Government.
Notes and searches of absolute and may be regulated through disturbs a religious ceremonies are Insurrection merely seeks to effect some change of minor importance, or to prevent the exercise of
Jurisprudence vehicles. Section the police power of the State. ceremony or any those religious acts governmental authority with respect to particular matters or subjects.
2203 of the Tariff - Violates freedom of speech, expression, manifestation of a performed outside Political crimes are those directed against the political order. The decisive factor is the intent or motive.
and Customs Code assembly under Sec 4 Art III. religion. of a church. - Actual clash of arms with Government forces, not necessary to convict accused conspiring with those
allows such search - Private individual commits disturbance actually taking arms.
even with no of public order under Art 153. Arts 132 and 133 Acts must be - Purpose must be shown. It need not be accomplished. (since it will not be punished under the new de
warrant. - No legal ground when danger is not violates freedom of directed against jure government when rebellion succeeds)
imminent or evil sought to be prevented religion under Sec religious practice or - Giving aid and comfort not criminal under rebellion.
If committed by not serious. 5 Art III of PH dogma or ritual for - Mere silence not punishable.
private persons, - Offender must be a stranger to the Consti the purpose of - Absorbs common crimes, in furtherance to rebellion. No complexing of rebellion. If other crimes
either trespass (Art meeting. Otherwise, unjust vexation (Art ridicule, or committed without political motivation, separate and distinct.
280), discovery of 287) applies. attempting to - Membership in a rebel organization does not automatically qualify criminal acts as absorbed in
secrets (Art 290), or damage an object rebellion.
malicious mischief of veneration. - When killings are politically motivated, Rebellion, not murder.
(Art 327)
(Regalado) Offense to feelings PP v Hernandez, et al 99 Phil 515
is judged from
complainant's point Fortun v Macapagal-Arroyo, Mar 20, 2012
of view. In the present case, the discovery of the vast armory and machinery of the Ampatuans does not
necessarily show proof that they are out to overthrow the Government. As expressed by various alter-
egos of the President, what existed was a looming rebellion and was that it was offing. As was stated by
the Court of Appeals, there was no public uprising and taking arms against the government for the
purpose of removing from the allegiance to the government or its laws the territory of the Philippines or
any part thereof, or depriving the Chief Executive or Congress, wholly or partially, of any of their powers
and prerogatives.

6
 Criminal Law II Compendium of Penalties Titles 1-3

Title Title Three Crimes Against Public Order

Art No/ Title 134-A Coup d'etat 136 Conspiracy and 137 Disloyalty of 138 Inciting to 139 Sedition 141 Conspiracy to
proposal to commit public officers or rebellion commit sedition
coup, rebellion or employees
insurrection
Offender 1) Offender belongs to the military or Any person Public Officer Any person Public and tumultuous uprising employing force, intimidation, or other means Any person
police or holding public office or outside of legal methods.
Acts Punished 1) Conspiracy to 1) Failing to resist a Inciting to rebel
employment; 1) Offenders rise a) publicly, and b) tumultuously;
commit rebellion; rebellion; through speeches,
2) Swift attack with violence, 2) Employ force, intimidation, and illegal means;
2) Continuing to proclamations,
intimidation, threat, strategy or stealth; 3) Purpose is either to: a) Prevent the promulgation or execution of any law or the
2) Proposal to discharge official writings, emblems,
3) Attack is directed against duly conduct of elections;
commit rebellion duties under the banners, etc.
constituted authorities of RP, or any b) Prevent the Government, national or local, or any public officer from freely
Elements Conspiracy and control of the 1) Does not take
military camp or installation, exercising its or his functions, or prevent the execution of an administrative order;
communication networks, public proposal to commit rebels; arms or is not in c) Inflict hate or revenge upon the person or property of any public officer or
facilities or others needed for the coup: PM min, fine 3) Accepting open hostility employee; d) Commit any act of hate or revenge against private persons or social
<8K; appointment under against the
exercise and continued possession of classes, for any political or social end; e) Despoil, for any political or social end, the
Conspiracy to them. Government;
Modifying power. 4) Purpose is to seize or diminish Government, national or local of all or any part of its property.
Circumstances state power. commit rebellion: 2) Incites others to
PC max, fine <5K; rebel; 3) Inciting
Penalty Leader: RP; Proposal to commit PC min done by means of Leader: PM min, fine <10K; PC med, fine <2K
Participant who is government service: RT max;
rebellion: PC med, speeches, and Participants: PC max, fine <5K
Private person: PM max fine <2K others tending to (as provided in Art 140)
the same end.
Definitions, May be committed with or without Organizing a group Rebellion actually PM min Sedition is the raising of commotions or disturbances in the State. No proposal to
Notes and civilian participation. of soldiers, exists. commit sedition.
Jurisprudence soliciting Rebellion should Art 153 defines tumultuous as an act if committed by more than three (3) persons
When leaders are incognito, those who membership in, and Offender must not not be committed, who are armed or provided with means of violence.
directed others, spoke for them, signed soliciting funds be in conspiracy otherwise, offender
receipts shall be deemed a leader. from the people for, with the rebels. becomes pricipal
the organization, by inducement to
show conspiracy to the crime of
overthrow the rebellion.
Government.
Assemblage of
persons must not Public uprising and an object of sedition must concur.
have been called
for the purpose of Common crimes not absorbed in sedition.
listening to such
incitements, Arms are not necessary.
otherwise the
crime will be illegal If there is an armed public uprising against the Judiciary, crime is sedition.
assembly (Art 146)
Act 3 must have been motivated only by the fact that the victim is a public officer,
otherwise it would be a case of malicious mischief or any other ordinary crime.
(Regalado)

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 Criminal Law II Compendium of Penalties Titles 1-3

Title Title Three Crimes Against Public Order

Art No/ Title 142 Inciting to sedition 143 Acts tending to 144 Disturbance of 145 Violation of parliamentary 146 Illegal assemblies
prevent the meeting proceedings of immunity
of Congress and congress or similar
similar bodies bodies
Offender 1) Inciting others to sedition through speeches, proclamations, writing, emblems, 1) There be a 1) There be a Any person 1) Public officer or 1) Any meeting attended by armed
etc. projected or actual projected or actual employee; persons for the purpose of committing a
Acts Punished 1) Offender uses
2) Uttering seditious words or sppeches that tend to disturb the public peace; meeting of meeting of 2) He arrests or crime under the RPC
force, intimidation,
3) Writing, publishing, or circulating scurrilous libels against the Government or any Congress, its Congress, its searches a member
threats, or fraud;
of its duly constituted authorities, which tend to disturb the public peace. comm., subcomm., comm., subcomm., of Congress;
2) Purpose is to
4) Knowingly concealing such evil practices. constitutional constitutional 3) Congress is in
prevent a member
comm. or divisions comm. or divisions session;
Elements 1) Offender does not take direct part in the crime of sedition; of Congress from - 1) There is a meeting, either in a fixed
thereof, or any LG thereof, or any LG 4) Member arrested
2) Incites other to accomplish any of the acts constituting sedition; a) attending any of place or moving;
council; council; has not committed
3) Inciting is done through speeches, procalamtions, writings, emblems, cartoons, its meetings; b) 2) Attended by armed persons;
2) Such is 2) Offender either: a crime punsihable
banners, etc expressing his 3) Purpose is to commit a crime under
prevented by force a) disturbs such by a penalty higher
opinions; or c) the RPC;
Modifying or fraud. meeting; or b) than PM under the
casting his vote.
Circumstances behaves in such an Code
interruptive manner,
Penalty PC max, fine <2K PC, or fine of 200- or to impair the PM PC Organizers: PC max - PM med;
2K respect due it.
AMay max - PC min Audience: AMay, when armed: PC

Definitions, Scurrilous means low, vulgar, mean or foul. May be complexed - May be complexed Not necessary that the member is If in a meeting the audience is incited to
Notes and a) The Clear and Present Danger Rule - by the nature of the utterance there is a with physical with physical actually prevented. the commission of rebellion or sedition
Jurisprudence clear and imminent danger of a public uprising. There must be probability of serious injuries (if with injuries (if with the crimes committed are:
injury to the State. force) or force) or Basis is Sec 11 Art VI of PH Consti. 1) illegal assembly as regards the
b) The Dangerous Tendency Rule - easily produces disaffection among the people falsification (if falsification (if done organizers, and persons merely present;
and a state of feeling in them incompatible with a disposition to remain loyal to the done through through fraud). Member may be disciplined by Congress and
Government and obedient to its laws. fraud). - One who disturbs itself. 2) inciting to rebellion or sedition as to
c) Balancing of interest test - requires that a determination must first be made the proceedings of the one who incited
whether the necessary safeguarding of the public interest involved may be achieved Those who Congress may also
by some other measure less restrictive of the protected freedom (dissenting opinion prevents a meeting be punished for If the assembly was called for the
of J. Carpio in Soriano v Laguardia) of the municipal contempt. purpose of committing a crime other
council are liable - The same act than TRISA, there must be armed
Uttering seditious words or speeches or circulating scurrilous libels punishable under Art 143, could be made persons in attendance therein; otherwise,
when they: when the defect of basis for contempt the offense will be public disorder (Art
1) tend to disturb or distract any lawful officer from functioning; such meeting is not proceedings and 153) or unlawful uterances (Art 154[2]).
2) tend to instigate others to cabal and meet for unlawful purposes; manifest and for criminal (Regalado)
3) suggest or incite rebellious conspiracies or riots; or requires an prosecution.
4) lead or tend to stir up the people against the lawful authorities, or to disturb the investigation - Disturbing the
peace of the community, the safety and order of the Government. before its existence proceedings of the
can be determined, public prosecutor,
Primicias v Fugoso 80 Phil 71 i.e. lack of quorum. Special Prosecutor,
or in the courts,
punishable by Sec 1
(e) PD 1829
(Regalado)

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 Criminal Law II Compendium of Penalties Titles 1-3

Title Title Three Crimes Against Public Order

Art No/ Title 146 Illegal 147 Illegal associations 148 Direct assaults
assemblies

Offender 2) Any meeting in Founders, directors, presidents, members Without public uprising: 2) by attacking, employing force, or by seriously intimidating or seriously resisting
which the audience 1) by employing force or intimidation, for the attainment of any any person in authority or any of his agents, while engaged in the performance of
Acts Punished Forming or organizing and membership
is incited to commit of the purpose of rebellion or sedition; official duties, or on the occasion of such performance.
in an association totally or partially
TRISA.
organized for:
1) Offender employs force or intimidation; 1) Offender a) attacks, b) employs force, c) makes a serious intimidation, or d)
1) the purpose of committing a crime; or
2) Aim is the same as rebellion or sedition; serious resistance;
2) some purpose contrary to public
3) No public uprising. 2) Person assaulted is a person in authority or his agent;
Elements 1) There is a morals
3) Offended party a) is performing official duties, or that he is assaulted, b) by
meeting; reason of the past performance of official duties;
2) The audience, 1) An association is formed or organized;
4) Offender knows the offended party as a person in authority or his agent.
whether armed or 2) The purpose of which is to commit a
5) No public uprising.
not, is incited to crime or contrary to public morals
Modifying PC min, and fine <500;
Circumstances commit TRISA Qualified: PC med-max, and fine <1K
Penalty Organizers: PC max Founders, directors, presidents: PC min- Additional penalties for attacking ambassador or ministers: 3 years IMP and fine <200; Justifying: Self-defense; Qualified: Commited with a
- PM med; med, and fine <1K; weapon, or when offender is a public officer or employee, or when offender lays hands upon a person in authority.
Audience: AMay, - Disregard of Rank inherent.
when armed: PC Members: AMay - May be complexed. Slight physical injuries absorbed if against an agent; separate and distinct if against a PIA.
Definitions, Treason, Rebellion May include crimes punishable by - Attack includes any offensive or antagonistic movement or action of any kind.
Notes and or Insurrection, special laws; - If the offended party is a mere agent, force employed must be of a serious character as to indicate determination to defy the law and its
Jurisprudence Sedition, or Assault representative at all hazards. Otherwise, offense is simple resistance or disobedience under Art 151.
upon a person in The law punishes its formation and - Force employed need not be serious when offended party is a person in authority.
authority or his membership therein. - As defined in Art 152: Person in authority is any person directly vested with jurisdiction, whether as an individual or a member of a court or
agents (TRISA). governmental corporation, board, or commission.
RA 8049 Anti-Hazing Act - Teachers, professors, supervisors of schools, lawyers are also persons in authority.
- Agent of a person in authority is one who, by direct provision of law or by election or by appointment of competent authority, is charged with the
maintenance of public order and the protection and security of life and property.
- Considered not in the performance of official duties: 1) exceeds his power or acts without authority; 2) descend to private matters
- Weapon includes stones, clubs and other objects with which some physical injury may be inflicted.
- Direct assault to prevent popular election.
- Offended party may be a private person or person belonging to a social class. The condition sine qua non is the aim or purpose.
- Intimidation or resistance must be serious regardless of offended party. Resistance must be active.
- Intimidation must produce its effects immediately.
- Persons in authority have powers and duties vested in him by law. e.g. barangay captain, postmaster general, president of sanitary division.
- Agents include policemen, municipal treasurer, postmaster, Sheriff, Agents of the BIR, Malacanang confidential agent, Barangay Chief Tanod.
- Functions of the offended party must be shown in the information.
- Even if the offended party agrees to fight, attack upon him still direct assault.
- Knowledge of the accused that offended party is a person in authority or his agent, essential and must be alleged in the information.
- Defendant must have intention to defy authority.
- Evidence of motive essential when offended party is not in the actual performance of official duties.
- If direct assault is committed by intimidation, it must be of serious nature, regardless of whether the victim is a PIA or an agent.
- If both accused and victim are public officers, the former should not be acting in the performance of his duties; otherwise, his offense may be
coercion or physical injuries.

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 Criminal Law II Compendium of Penalties Titles 1-3

Title Title Three Crimes Against Public Order

Art No/ Title 149 Indirect assaults 150 Disobedience to summons issued by Congress 151 Resistance and disobedience to a 153 Tumults and other disturbances of public order
person in authority or the agents of such
person

Offender Any person Refusing: 1) Without legal excuse, to obey summons of Resistance and Simple 1) Causing any serious disturbance in a public place, office,
Congress or any part thereof, or the Constitutional serious disobedience establishment;
Acts Punished Using force or intimidation upon any
Commissions, or any part thereof; disobedience 1) An agent of a 2) Interrupting or disturbing performances, functions,
person aiding a person in authority or his
2) To be sworn or placed under affirmation; 3) To answer any 1) A person in person in authority gatherings, peaceful meetings, if the act is not included in Arts
agent under direct assault.
legal inquiry or to produce any documents in his possession, authority or his is engaged in the 131 and 132;
when so required; or agent is engaged in performance of 3) Making an outcry tending to incite rebellion or sedition in
4) Restraining another from attending as a witness; the performance of official duty or any gathering;
Elements 1) A person in authority or his agent is a 5) Inducing disobedience to a summons or refusal to be official duty or gives a lawful order 4) Displaying placards or emblems which provoke disturbance;
victim of Direct Assault; sworn. gives a lawful order to the offender; 5) Burying with pomp the body of a legally executed person.
2) A person comes to the aid of the to the offender; 2) 2) Offender Qualified: If the disturbance or interruption is tumultuous.
offended party; 1) A person has been duly summoned by Congress or the Resists or seriously disobeys; - May commit a separate crime, i.e. serious physical injuries.
Modifying 3) Offender makes use of force or Constitutional Commissions; disobeys; 3) Act of 3) Disobedience not - May also be complexed, i.e. assault and tumultuous
Circumstances intimidation upon him. 2) Commits any of the acts punishable. the offender not serious; disturbance.
included in Arts
Penalty PC min-med, and fine <500 148, 149, 150. AMen, or fine 10- Act 1&2: AMay med - PC min, and fine <1K
AMay, and fine 100 Act 3&4: AMay
<500 Act 5: AMay, and fine <200
Qualified: Penalty next higher in degree
Definitions, Can only be committed when there is AMay, or fine 200-1K, or both Directive which was disobeyed must be Outcry means to shout subversive or provocative words
Notes and direct assault. a) peremptory (commanding), as tending to stir up the people to obtain by means of force or
Jurisprudence Power of inquiry is an essential and appropriate auxilliary to distinguished from one which is merely violence any of the objects of rebellion or sedition.
Offended party may be a private person. the legislative functions. declaratory of facts or rights, and b)
directed to the accused for compliance Art 153 defines tumultuous as an act if committed by more
Important point from Regalado: or implementation without allowing any than three (3) persons who are armed or provided with means
a) Victim of DA is PIA, attack against exercise of discretion by him. of violence. However, this is only a presumption juris tantum,
person coming to his aid will be Direct hence if the disturbance is in fact tumultuous, it is immaterial
Assault, Resistance or disobedience that there are no such armed persons. (Regalado)
depending on the degree of force or
violence against him.
May not apply when the books, documents, records required - A person cannot Order must be Serious disturbance must be planned or intended, otherwise,
b) Victim of DA is Agent, attack against may be used as evidence against the owner thereof. be guilty of lawful. only guilty of Art 155, Alarm.
person coming to his aid will be Indirect disobedience to an
Assault; resistance or disobedience will Testimony of the person summoned must be upon matters order which is not When attack or If the act of disturbing or interrupting a meeting or religious
only be physical injuries or coercion into which Congress has jurisdiction to inquire, such as addressed to him. employment of ceremony is not committed by public officers, or if committed
depending on the act against him. investigation in aid of legislation. - Accused must force not by public officers they are participants therein, Art 153
know that person deliberate, crime is applies.
Any of the acts punished by Art 150 may also constitute arresting him is a only resistance or
contempt of Congress. person in authority. disobedience. It is merely public disorder when outcry is but an unconscious,
- Resistance is spontaneous outburst, not intentionally calculated to induce
justified when others to commit rebellion or sedition.
offended party is
not authorized or in
excess of his
authority.

10
 Criminal Law II Compendium of Penalties
Title Title Three Crimes Against Public Order
Art No/ Title 154 Unlawful use of means of
publication and unlawful utterances
Offender 1) Publishing or causing to be published
as news any false news which may
Acts Punished
endanger the public order, or cause
damage to the interest or credit of the
State. 2) Encouraging disobedience to
the law or to the constituted authorities
or by praising, justifying or extolling any
Elements act punished by law; 3) Maliciously
publishing ar casuing to be published any
official resolution or document without
proper authority, or before they have
Modifying been officially published. 4) Printing,
Circumstances publishing or distributing (or causing the
same) books, pamphlets, periodicals, or
Penalty leafletswhich do not bear the real
printer's name, or which are classified as
anonymous.
Definitions, AMay, and fine 200-1K
Notes and
Jurisprudence Separate and distinct from other crimes, Act 1 should not be aimed at a person,
i.e. Obscenity (Art 201), Libel (Art 360) otherwise, Art 254 applies, punishing
Actual public disorder or damage to the
credit of the State not necessary.
"Publication" may be verbally made.
(Regalado)
Offender must know that the news is
false.
Act 3 prohibited by RA 248.
Titles 1-3
155 Alarms and scandals 156 Delivering prisoners from jails 157 Evasion of 158 Evasion on occasion of disorders
service of sentence
1) Discharging any firearm, rocket, Not in custody of prisoner Escape of a Failure of the convict to give himself up within 48 hours
firecracker, or other explosive, within any prisoner by final following the issuance of a proclamation by the Chief
1) Removal of a person from jail;
town or public place, claculated to cause judgment from jail. Executive announcing the passing away of such calamity.
2) Assists in the escape of a prisoner.
(which produces) alarm or danger; 1) Offender is a 1) Offender is a convict by final judgment confined in a penal
1) There is a person confined in a jail;
2) Instigating or taking an active par in convict by final institution;
2) Offender removes therefrom such
any charivari or other disorderly meeting judgment; 2) There is disorder, resulting from conflagration, earthquake,
person, or helps him escape.
offensive to another or prejudicial to 2) He is serving explosion, similar catastrophe, or mutiny in which he has not
public tranquility; Qualified: means of violence, sentence participated;
3) Disturbing the public peace while intimidation; consisting of 3) Offender leaves jail on the occasion of the disorder;
wandering about at night or while Mitigating: escape takes place outside deprivation of 4) Offender fails to give himself up within 48 hours following
engaged in any other nocturnal the jail by taking the guards by surprise. liberty; the issuance of a proclamation by the Chief Executive
amusements; 3)
PCHe escapes.
med-max; announcing the passing
Those who give away
themselves upofissuch calamity.
entitled to 1/5 deduction of
4) Causing any disturbance or scandal in Penalty: AMay; Qualified: PC max the unserved time under original sentence.
public places while intoxicated or Qualified: AMay max - PC min
otherwise, provided Art 153 is not Mitigating: either penalty in its Minimum Qualified: 1) means Increase of 1/5 of the unserved time under original sentence,
applicable. period of unlawful entry; 2) which in no case exceed 6 months.
Separate and distinct from Bribery: breaking doors,
a) Briber - Art 156 + Art 212, corruption of windows, gates,
AMen, or fine <200 a public officer; walls, roofs, or There can be no evasion of destierro under this Article.
b) Jailer, if public officer - Art 223, floors; 3) using
infidelity in the custody of prisoners + Art picklocks, false
210, bribery; keys, disguise,
discharge of firearm. if private person - Art 225, next lower that deceit, violence or
Art 223 + Art 210; intimidation; or 4)
It is the result or producing alarm or c) Prisoner, if convict - Not liable in Art connivance with
danger that counts, not the intent. 156, but in Art 157; other convicts or
if detention - no liability, but if convicted, employees of the
May evolve to grave scandal (Art 200). shall not avail of ISLAW penal institution.
- Prisoner may be a mere detention Escape for
Discharge of firecrackers during festive prisoner. purposes of Arts 93
occasions not covered. - Hospital or asylum considered and 157 means
extension of jail or prison. unlawful departure
- Off-duty guard may be liable for Art from the limits of
156, otherwise, Art 223 applies, infidelity his custody.
in the custody of a prisoner. - Not applicable to
- A person delivering a prisoner from jail sentence executed
may be held liable as an accessory, if by deportation, nor
crime committed by the prisoner is to youthful
treason, murder, or parricide. offenders.
- Detention prisoner is not criminally - Applicable to
liable under Art 156. Convict by final sentence of
judgment liable for Evasion of Service, destierro.
Art 157.
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 Criminal Law II Compendium of Penalties
Title Title Three Crimes Against Public Order
Art No/ Title 159 Violation of conditional pardon
Offender Conditionally pardoned convict
Acts Punished Violates any of the conditions set forth in Commits a new felony punishable by the RPC before
the pardon.
Elements 1) Offender was a convict;
2) Granted conditional pardon by Chief
Executive;
3) Violated any of the conditions of the
Modifying pardon.
Circumstances
Penalty Penalty remitted <=6 years: PC min;
Penalty remitted > 6 years: Unexpired
portion of original sentence
Definitions, Penalty remitted = Original Sentence -
Notes and Served Sentence
Jurisprudence
- Violation of conditional pardon is
committed in the place where the
subsequent offense is perpetrated. It is
a distinct crime.
- Condition extends to special laws.
- Offender must be found guilty of
subsequent offense before ne can be
prosecuted under Art 159.
- Under no circumstance may the
penalty for violation of conditional
pardon be destierro.
- Offender can be arrested and
reincarcerated without trial.
- Period when convict was at liberty, not
deducted in case he is recommitted.
Titles 1-3
160 Quasi-recidivism
Convict by final judgment
beginning to serve or while serving a sentence.
1) Offender is a convict by final judgment;
2) Committed a new felony before beginning to serve such
sentence, or while serving the same.
Maximum period of the penalty prescribed by law for the new felony.
Second crime must be a felony (punishable by RPC), but
the first one may be punished by a special law.
Special aggravating circumstance that cannot be offset
by any ordinary mitigating circumstance.
A quasi-recidivist may be pardoned at the age of 70, but
only when he is not a habitual criminal, or considered
worthy for executive clemency.
Regalado:
It is submitted that there can be no quasi-recidivism in Art
157, evasion of service of sentence.
Both Quasi-recidivism and evasion of service have the
element of serving sentence under final judgment. Thus, as
per, Art 62[1], a circumstance which is an element of or is
included by the law in defining a crime shall not be taken
into account for the purpose of increasing the penalty.
When choosing to apply either recidivism or quasi-
recidivism, i.e. accused committed theft while serving
sentence for robbery, the latter should apply because it
can not be offset by an ordinary mitigating
cisrcumstance. The purpose of the law is to impose a
higher penalty on the perversity of the felon.
12
 Criminal Law II Compendium of Penalties Titles 4-7

Title Title Four Crimes Against Public Interest

Art No/ Title 161 Counterfeiting the great seal of the Government of the 162 Using forged signature or counterfeit seal or stamp. 163 Making and importing and uttering false coins. 164 Mutilation of
Philippines, forging the signature or stamp of the Chief coins, importation
Executive. and uttering of
mutilated coins.
Offender Any person Any person Any person Any person
Acts Punished Forging the: 1.) Great Seal of the Republic was counterfeited or the 1.) Making 1.) Mutilating coins
1.) Great Seal of the Government of the PH; signature or stamp of the Chief Executive was forged by 2.) Importing with intent to
2.) signature of the President; another person; 3.) Uttering damage or defraud.
3.) stamp of the President. 2.) Offender knew of the counterfeiting or forgery; of false or counterfeited coins 2.) Importing or
3.) He used the counterfeit seal or forged signature or stamp. uttering such
Elements 1.) There be false or counterfeited coins. mutilated coins
2.) Offender either made, imported, or uttered such coins. with connivance
3.) In case of uttering, he connived with the counterfeiters or with the mutilator
importers. or importer.

Modifying
Circumstances
Penalty RT PM PM min-med and PC min-med and PC min and fine PC min and fine
fine <=10K fine <=2K <=1K <=2K
silver coin or 10c minor coinage or foreign coin
denomination or below 10c
above denomination
Definitions, Great Seal - described in detail under Sec 18 of the Revised - The offender is punishable under Art 161 if he is the forger. Coin - a piece of metal stamped with certain marks and made Mutilation - take off
Notes and Administrative Code, as amended by C.A. Nos 602, 614, and - Act of using is that of an accessory of Art 161, but is current at a certain value. part of the metal
Jurisprudence 731. punished one degree lower, instead of the usual two degrees. Counterfeiting - imitation of a legal or genuine coin. either by filing it or
It shall remain in the custody of the President of the Import - bring into port. substituting it for
Philippines, and shall be affixed to or placed upon all Utter - pass counterfeited coins, delivery or the act of giving another metal of
commissions signed by him. (Sec 19, supra) away. inferior quality.
- purpose of which
is to take
advantage of the
- It is not called falsification, but is specifically provided by Art - When is a coin false or counterfeited? If it is forged or if it is metal abstracted.
161. not authorized by the Government as legal tender. - It is indispensable
- If the Chief Executive left with his secretary a signature in - Damage to another is not necessary. that the mutilated
blank, and a written document is written above, the crime is - Former coins withdrawn from circulation may be coin be of legal
under Arts 171 or 172. counterfeited. tender.
- Coins of foreign
currency not
included.

13
 Criminal Law II Compendium of Penalties Titles 4-7

Title Title Four Crimes Against Public Interest

Art No/ Title 165 Selling of false or mutilated coins, 166 Forging treasury or bank notes or other documents payable to bearer, 167 Counterfeiting, importing and 168 Illegal possession and use of
without connivance importing, and uttering of such false or forged notes and documents. uttering instruments not payable to forged treasury or bank notes and other
bearer. instruments of credit.

Offender Any person Any person Any person Any person

Acts Punished 1.) Possession of 2.) Actually uttering 1.) Forging or falsification of treasury or 2.) Importation 3.) Uttering in 1.) There be an instrument payable to 1.) Any treasury or bank note or
coin, counterfeited bank notes or other documents payable connivance with the order or other document not payable to certificate or other obligation and
or mutilated by to bearer forgers or bearer; security payable to bearer, or any
another importers 2.) Offender either forged, imported or instrument payable to order or other
uttered such instrument; document of credit not payable to bearer
Elements 1.) Possession 1.) Actually uttering 3.) In case of uttering, he connived with is forged or falsified by another person.
2.) with intent to 2.) Knowledge the forger or importer 2.) Knowledge; 3.) Performs any of these
utter acts:
3.) Knowledge a.) Using any such forged or falsified
instruments; or
Modifying Can be complexed, i.e. with estafa b.) Possessing with intent to use
Circumstances
Penalty One degree lower than that in Arts 163 or RT min and fine PM max and fine PM med and fine PM min and fine PC med-max and fine <=6K One degree lower than that in Arts 166 or
164 <=10K <=5K <=5K <=2K 167.
if Obligation or if circulating note if issued by foreign if circulating note or
security of PH government bill issued by a
foreign government
Definitions, - If false coin, not required to be of legal Forging - giving to a treasury or bank note or any instrument payable to bearer or to - Instrument is payable to order where it - Intent to possess is not intent to use.
Notes and tender. order the appearance of a true and genune document. is drawn payable to the order of a - Possession of counterfeit foreign
Jurisprudence - But if mutilated, must be of legal tender, Falsification - erasing, substituting, counterfeiting, or altering by any means, the specified person or to him or his order. It currency bills punishable.
due to Art 164. figures, letters, words, or signs. (Art 169) is negotiated by indorsement and - Rule is that a person possessing a
Constructive possession included - Obligation or security delivery. falsified document, using it, taking
subhection of the thing to one's control. (a) bonds, (b) certificates of indebtedness, (c) national bank notes, (d) coupons, (e) - Includes instruments or other advantage of it and profiting thereby is
- Possession of counterfeiter or importer treasury notes, (f) fractional notes, (g) certificates of deposits, (h) bills, (i) checks, (j)
documents of credit issued by a foreign presumed to be the material author of
not punished as a separate offense. drafts for money, and (k) other representatives of value under any At of Congress. government or bank. the falsification.
- Punished even without connivance. - Forgery of currency punished to insure - Mere handing of a bogus bill
- Knowledge is required. - Uttering forged bill must be with connivance. the credit standing of the government consummates the crime.
- The instrument is payable to bearer when - (a) it is expressed so; (b) it is payable to and prevent the imposition on the public - There must be intent to damage
a person named therein; (c) it is payable to the order of a fictitious person; (d) the and the government of worthless notes another.
name of the payee does not purport to the name of any person; or (e) the only or last or oligations. - Burden is on the accused to
indorsement is in blank. - Connivance is not required in uttering if satisfactorily explain his possession of
the utterer is the forger. forged bills.

- Falsification of US treasury warrants not - Evidence must be presented that the

payable to bearer punished under Art
172, not 167 (PP v Loteyro)
- Prosecution for uttering forged US
treasury warrants was made under Art
166 (PP v Esteban et al)
number which the questioned bank note
bears does not check with the genuine
one issued with the same number (PP v
Barraquia).

14
 Criminal Law II Compendium of Penalties Titles 4-7

Title Title Four Crimes Against Public Interest

Art No/ Title 169 How forgery 170 Falsification 171 Falsification by public officer, employee or notary or ecclesiastical minister.
is committed. of legislative
documents.

Offender 1.) Giving to a Any person Any public officer, employee, or notary, or ecclesiastical minister, who takes advantage of his official position.
treasury or bank
Acts Punished 1.) There be a bill, 1.) Counterfeiting or 2.) Causing it to 3.) Attributing to 4.) Making 5.) Altering true 6.) Making any 7.) Issuing in 8.) Intercalating any
note or any
resolution, or imitating any appear that persons who have untruthfuls dates. alteration or authenticated form instrument or note
instrument payable
ordinance of any nadwriting, persons have participated in an statements in a intercalation in a a document relative to the
to bearer or to order
stage and of any signature or rubric. participated in any act or proceeding narration of facts. genuine document purporting to be a issuance thereof in
mentioned therein
legislative body; act or proceeding. statements other which changes its copy of an a protocol, registry
the apearance of a
Elements 2.) Offender alters; than those in fact meaning. inexistent or official book.
true and genuine
3.) He has no made by them. document.
document.
proper authority;
2.) Erasing, 4.) Alteration has
substituting, changed the
Modifying meaning. In case of ecclesiastical minister, the falsification must be of such character that it may affect the civil status of persons.
Circumstances
counterfeiting, or
altering by any
Penalty means the figures, PC max and fine PM and fine <=5K
letters, words, or <=6K
sign contained
therein.

Definitions, - Forgery under par - RA 248 prohibits Two ways: 1) Requisites: Requisites: Requisites: - Date must be Requisites: 1.) Purporting to be a copy of an
Notes and 1: Writing the word the reprinting, Counterfeiting, 1) Causing it to 1) A person 1) In a document, essential. 1) There be an inexistent document - Making a copy of a
Jurisprudence "Victory" in ink at reproduction or requisites are: a) appear that a participated in an there be a narration - Must affect either alteration or deed of sale which was never executed;
the back of the one- republication of intent or attampt to person participated act; of facts; the veracity or the intercalation; 2.) Including in a copy a statement
peso bill which government imitate, b) genuine in an act; and 2) He made 2) Offender has effects of the 2) Made on a contrary to, or different from that of the
accused gave as publications and and forged bear 2) Such person did statements in that legal obligation to document. genuine document; genuine original - Civil registrar stating
payment. (PP v official documents some resemblance; not in fact act; and disclise the truth; - Altering dates in 3) Meaning of that a person is legitimate contrary to
Galano). without previous and 2) Feigning participate. 3) Statements other 3) Facts are official receipts to document has that stated in the original.
- Forgery under par authority. which is simulating than those made by absolutely false; prevent discovery changed; and
2: A wrote B's name something that such person were 4) Wrongful intent of malversation is 4) Change made - A private person who cooperates with a
on the back of said does not exist. attributed to him. of injuring a third falsification. the document public officer in the falsification of a
treasury warrant as - Making it appear person. speak something public document is liable under Art 171.
if B had indorsed it, that a person who - Person making the false. - Intent to gain or prejudice not
and then presented does not know how narration of facts necessary.
it for payment. (US to write has signed must have
v Solito) the document is knowledge of its
- PD 247 punishes feigning. falsity.
1.) Willfully deface,
mutilate, tear, burn
- If offender was a public officer who did not take advantage of his official position, liable under Art 172.
or destroy currency
- The offender takes advantage when (1) he has the duty to make or to prepare or otherwise to intervene in the preparation of the document; or (2) he has the official
notes and coins
custody of the document which he falsifies.
issued by the
- Document is any written statement by which a right is established or an obligation is extinguished. It is a writing or instrument by which a fact may be proven or
Central Bank with 5
affirmed. It must be of apparent legal efficacy.
yrs IMP and fine
- In pars 1-5, falsification may be committed by simulating or fabricating a document. In pars 6, 7[2], 8, there must be a genuine document.
<=20K.
- Falsification need not be made in an official form. The document falsified may also either be public, official, private or commercial.

15
 Criminal Law II Compendium of Penalties Titles 4-7

Title Title Four Crimes Against Public Interest

Art No/ Title 172 Falsification by private individuals and use of falsified documents. 173 Falsification of wireless, cable,
telegraph and telephone messages and
use of said falsified messages.

Offender Private Individual Any person Any person 1) Offender works 1) Knowledge of
for the Gov't or in a falsity;
Acts Punished 1) Falsification of public, official or 2) Falsification of private document. 3) Use of falsified document.
private corp. 2) Accused used;
commercial document.
engaged in such 3) Resulted to or
Elements: Elements: Elements: in a judicial proceeding -
service; with intent to cause
1) Offender is private individual or public 1) Offender committed act in Art 171 except par 7; 1) Knowledge;
2) Utters fictitious prejudice to third
officer who did not take advantage of his 2) Committed in any private document; 2) False document embraced in Art 171 or 172 pars 1-2;
or falsifies wireless, party.
Elements official position; 3) Caused or with intent to cause damage to a third party. 3) Introduced in evidence in any judicial proceeding.
cable, telegraph, or
2) Committed any acts in Art 171; in any other transaction -
telephone - Any person
3) Falsification committed in public, 3) Used such document;
messages.
official, or commercial document. 4) Caused or with intent to cause damage.

Modifying May be complexed with estafa or theft or No estafa through falsification of private document. Cannot be
Circumstances malversation. committed through reckless imprudence.
Penalty PC med-max and fine <=5K AMay max - PC min PC med-max AMay max - PC min

Definitions, - The possessor of a falsified document - Damage need not be material. Profit not necessary. - If document is intended by law to be part of public record, - To be liable, - In par 1, a private
Notes and is presumed to be the author of the - Jurisdiction to try case in place where falsification occurred, falsification of such is that of a public document, regardless of officer must be person may only be
Jurisprudence falsification (PP v Manansala) regardless of where the actual damage took place. when it was falsified. engaged in the liable as principal
- Damage or intent to cause such is not - If purpose is to conceal the misappropriation of the money or - Generally, no attempted or frustrated stage. service of sending by inducement, not
necessary. other personal property which has been in the possession of - The user of the falsified document is deemed the author of or receiving direct participation,
- Lack of malice is a defense. the offender, the crime is estafa with abuse of confidence. the falsification, if (1) the use was so closely connected in time wireless, cable, if he is not
- May be committed through reckless - If estafa already consummated or the falsification was for with the falsification, and (2) the user had the capacity of telegraph or employed in a
imprudence. concealing the estafa, the falsification is not punishable. falsifying the document. telephone company engaged
message. in the a related
Four kinds of document: - Example is business.
1) Public - created, executed or issued by a public officer in response to the exigencies of the public service, or in the execution of which a public official intervened. reduction of words - In par 2, a private
2) Official - issued by a public official in the exercise of the functions of his office. It is a type of public document. in a telegram. person may be
3) Private - executed by a private person without intervention of a notary public or other legally authorized person. liable.
4) Commercial - defined and regulated by the Code of Commerce, to promote or facilitate trade.
e.g. (a) letters of exchange, letters of credit, drafts, trade acceptance, checks, notes or pagares, quedans, bonds, books of accounts, any negotiable instrument, (b)
quedans or warehouse receipts, (c) customer's order to a stockholder, (d) bank checks, (e) cash files, deposit slips and bank statements, (f) surety account, journal books,
ledgers, (g) air way bills.
- Cash disbursment vouchers are private documents.
Public and private writings under the Rules of Court - Act No 1851 Sec 4 punishes private
Public: (a) written official acts, or records of the official acts of the sovereign authority, official bodies and tribunals, an dpublic officers, whether of PH or foreign country; individuals who forge or alter telegram
(b) acknowledged before a notary public except last wills and testaments, and (c) public records kept in PH, of private documents required by law to be entered therein. with a fine of P100.
Private: all others not mentioned.

16
 Criminal Law II Compendium of Penalties Titles 4-7

Title Title Four Crimes Against Public Interest

Art No/ Title 174 False medical certificates, false certificates
175 Using
of merit
false 176 Manufacturing and possession of
or service. 177 Usurpation of authority or official 178 Using fictitious name and 179 Illegal use of
certificates. instruments or implements for functions. concealing true name. uniform or insignia.
falsification.

Offender (1) Physician, (2) Public Officer, (3) Any person Any person Any person Any person Any person
Private Person;
Acts Punished 1) Art 174 has been 1) Making or 2) Possessing with 1) Usurpation of 2) Usurpation of 1) Fictitious name 2) Concealing true 1) Makes use of
committed; introducing into PH intent to use such authority - official functions - Elements: name insignia, uniform or
Acts: Falsifying
2) Offender knew of any stamps, dies, instruments made knowingly and performing any act 1) Use a name Elements: dress;
1) medical certificate;
the falsity; marks or other in or introduced falsely representing pertaining to any other than the real. 1) Conceals (a) true 2) Such pertains to
2) certificate of merit or service, good
3) He used the instruments or into PH by another oneself to be an person in authority, 2) Uses publicly; name, and (b) all an office he doesn't
conduct, etc;
Elements same. implements for person. officer, agent, rep of under pretense of 3) Purpose is to (a) other personal hold, or to a class
3) 1 or 2.
counterfeiting or the PH or any official position, conceal a crime, (b) circumstances; of which he is not a
falsification. foreign gov't and without being evade execution of 2) Purpose is only member;
lawfully entitled to. judgment, or (c) to conceal identity. 3) Such is used
cause damage to publicly and
Modifying If private person, AMay. Sec 1 RA 75 usurping authority of public interest. improperly.
Circumstances diplomatic or consular officials.
Penalty AMay max - PC min and fine <=1K AMen PC med-max and AMay max - PC min PC min-med AMay and fine AMen and fine AMay
fine <=10K <=500 <=200
Sec 1 RA 75 5 yrs IMP and fine <=5K

Definitions, - The phrase "or similar circumstances" - When any of the - A person who - A person who Usurper is one who introduces himself Fictitious name is CA 142 or the Anti- - An exact imitation
Notes and does not seem to cover property because false certificates manufactured a possessed an iron into an office that is vacant, or who, any other name Alias Law as is unnecessary.
Jurisprudence it is contemplated to be similar to "merit", under Art 174 is seal imitating that brand to be used in without color of title, ousts the which a person amended by RA - Using uniform,
"service", or "good conduct". used in any judicial of Lipa, Batangas. falsifying the incumbent and assumes to act as an publicly applies to 6085 regulates the decoration or
- Certificate of resdience for voting proceedings, Art official brand of a officer by exercising some of the himself without use of aliases. regalia of foreign
purposes is covered. 172 does not apply municipality for functions of the office. authority of law. - 1-5 yr IMP and State punished by
because Art 172 is cattle branding. - If damage is to fine of 5K-10K RA 75 - fine <=200
limited to those - The implements private interest, or IMP <=6 mo, or
documents confiscated need crime is estafa both - with intent to
embraced in Art not form a - Law demands - RA 10 applicable under Art 315(2)(a). deceive or mislead.
171 and 172. complete set. positive, express, to members of - Person takes the - RA 493 punishes
- Constructive and explicit seditious place of another wearing of nsignia,
possession also representation on organizations who has been badge or emblem
punished. the part of offender. engaged in convicted by final of rank of AFP or
- Falsely subversive judgment. Also PC - Fine of 100-
representing to be activities. liable under Art 2K, or IMP of 1 mo
an officer of a Punishable by 2 - 156. - 2 yrs, or both.
corporation that is 10 yrs IMP. - Illegal
not public is not manufacture, sale,
- Thus, Estrada could not be said to have
liable under Art distribution
intended his signing as Jose Velarde to
177. punished by EO
be for public consumption by the fact
- False 297.
alone that Lacquian and Chua were also
representation may inside the room at the time. (PP v
be shown by acts. Estrada)

17
 Criminal Law II Compendium of Penalties Titles 4-7

Title Title Four Crimes Against Public Interest

Art No/ Title 180 False 181 False 182 False 183 False testimony in other cases and perjury. 184 Offering false 185 Machinations in public auction. 186 Monopolies
testimony against a testimony favorable testimony in civil testimony in and combinations
defendant. to the defendant. cases. evidence. in restraint of trade.

Offender Any person Any person Any person Any person Any person Any person REPEALED BY RA
10667
Acts Punished 1) There be a 1) There be a 1) Civil case; Two acts: (1) Falsely testifying under oath; and (2) Making a 1) Offered in 1) Soliciting any gift 2) Attempting
criminal criminal 2) Testimony is false affidavit. evidence a false or promise bidders to stay
- Violations of Art
proceeding; proceeding; relevant, and 3) Elements: witness or Elements: away Elements:
186 committed
2) Offender testifies 2) Offender testifies false; 1) Made statement under oath, or executed an affidavit upon a testimony; b) Solicited gift or b) Attempted to
before effectivity of
falsely under oath falsely under oath 4) Knowledge of material matter; 2) Knows of falsity; promise; cause bidders to
RA 10667, July 21,
Elements against defendant; with intent to favor falsity; 2) Such was made before a competent officer, authorized to 3) Made in a judicial c) To refrain stay away;
2015
3) Knows of falsity; defendant; 5) Malicious with receive and administer oath; or official bidders from taking c) By threats, gifts,
4) Defendant is 3) Knows of falsity; intent to affect the 3) Willful and deliberate assertion of falsehood; proceeding. part promises or other
either acquitted or issues presented. 4) Statement or affidavit required by law. artifice.
convicted by final
Modifying judgment. Common: a) there be public auction; d)
Circumstances intent to cause reduction of price.
Penalty RT - Death; PM - AMay max - PC min PC min, fine <=6K - AMay max - PC min Additional notes: - As long as it is made Respective PC min and fine 10-50% of the value of - Any property
RT-RP; PC - Other and fine <=1K - amount >5K; AMay for a legal purpose, even if no law penalties in Arts the thing auctioned. forfeited to the
Afflictive; AMay - afflictive; max - PC min, fine requires the statement. 180-183 Government.
correctional, fine, or AMay - any other <=1K - <=5K or Subornation of perjury is committed by
acquitted case indeterminate procuring another to swear falsely.
Definitions, False testimony is - False testimony by
- Not applicable in - Oath is any form of attestation by which a person signifies - Offer of - Consummated by - Artifice as other - Mere conspiracy
Notes and committed by a negative statement
special that he is bound in conscience to perform an act faithfully and testimonial mere solicitation tricks such as punished.
Jurisprudence person who, being is in favor of proceedings. truthfully. evidence, begins making bidders - If the offense
under oath and defendant. - Civil actions are - An affidavit is a sworn statement, a declaration in writing, the moment a believe of a affects any food
required to testify - It need not directly
ordinary suits in a made upon oath before an authorized magistrate or officer. witness is called to different auction substance or other
as to the truth of a influence the court of justice, by - Material matter is the main fact which is the subject of the the witness stand schedule. article of prime
certain matter at a decision of which one party inquiry or any circumstance which tends to prove that fact, or and interrogated by necessity, it is
hearing before a acquittal, and need
prosecutes another any fact or circumstance whic tends to corroborate or counsel. sufficient that initial
competent not benefit the for the enforcement strengthen the testimony, or which legitimately affects the - If the false steps are taken.
authority, shall deny defendant. of a right, or the credit of any witness who testifies. witness desists, he - Sec 14[a][2] of RA 10667 or the PH - When committed
the truth or say - Rectification made
prevention or - Test of materiality is whether a false statement can is not liable. The Competition Act prohibits fixing prices at by juridical persons,
something contrary spontaneously after
redress of a wrong. influence the tribunal. offeror however is an auction or in any form of bidding. president and
to it. realizing mistake is
- Falsity of - Being a statutory element, there must be competent proof of liable for attempted Common bid manipulation practices: directors or
not false testimony.
testimony must the materiality of the false testimony. offering false - Bid cover happens when a compeititor managers thereof
- The witness who first be established. - Material when it is directed to prove a fact in issue; Relevant testimony in submits a bid that is either (1) higher that are liable, when the
gave false If civil case not yet when it tends in any reasonable degree to establish the evidence. that of the designated winner, (2) too (1) knowingly
testimony is liable decided and falsity probability or improbability of a fact in issue; Pertinent when it - If there is high to be accepted, or (3) contains permitted, or (2)
even if his is a prejudicial concerns collateral matter which makes more or less probable inducement, either special terms that are known to be failed to prevent the
testimony was not question, then the the proposition at issue. of Arts 180-183 in unacceptable by the purchaser. commission of such
- If the defendant
considered by the criminal proceeding - Competent person authorized to administer oath has a right rel to Art 7 par 2, - Bid suppression happens when a offense.
voluntarily took the
court. must be to inquire into the questions presented to him upon matters will apply. company does not submit a bid for final
witness stand, he is
- If defendant suspended. under his jurisdiction. consideration.
liable. But if he
sentenced to AMen, - No perjury through negligence or imprudence. Good faith or - Bid rotation, takes turns winning bids.
merely denies, he is
witness not liable. lack of malice is a defense. - Market allocation, agree not to compete
not liable. (US v
Soliman) for certain customers or in certain areas.

18
 Criminal Law II Compendium of Penalties Titles 4-7

Title Title Four Crimes Against Public Interest

Art No/ Title RA 10667 Philippine Competition Act (Repealing Art 186 of RPC) Sec 15 Abuse of a dominant position Sec 20 Prohibited Sec 17 Compulsory notification from RA 7581 Price
Mergers and mergers or acquisitions where the value Act
Sec 14 Anti-competitive Agreements Acquisitions exceeds Php1B.

Offender (a) Following agreements are per se prohibited: a) Selling goods or services below cost; - Substantially - Prohibited from consummating Any person
(1) Restricting competition as to price, or components thereof; b) Imposing barriers to entry or prevent, restrict or agreement until 30 days after providing
Acts Punished - Illegal Acts of
(2) Fixing price at an auction or in any form of bidding; preventing growth of competitors; lessen competition notification to the Commission.
Price Manipulation:
(b) Agreements with the object or effect of substantially preventing, restricting or c) Making a transaction subject to in the relevant Provided,
1) Hoarding;
lessening competition shall be prohibited: acceptance of other obligations which market or in the - The the Comm. shall promulgate other
2) Profiteering;
(1) Setting, limiting, controlling production, markets, technical development, or are irrelevant thereof. market for goods or criteria such as increased market share
3) Cartel
investment; d) Setting prices or other terms or services as may be in the relevant market in excess of
Elements (2) Dividing or sharing the market, whether by volume of sales or purchases, conditions that discriminate determined by the minimum thresholds to determine if such
territory, type of goods or services, buyers or sellers or any other means; unreasonably: Provided, that these are Philippine merger requires notification.
(c) Other agreements of same effect shall also be prohibited: Provided, Those which permissible: Competition - An agreement consummated in
contribute to improving production or distribution of goods or services or to 1) Socialized pricing for the less Commission shall violation shall be void and subject to
Modifying promoting technical or economic progress, while allowing consumers a fair share of fortunate; be prohibited. administrative fine of 1%-5% of the value
Circumstances the benefits, may not be deemed a violation of this Act. 2) Reflect differences in cost of of the transaction.
manufacture, sale or delivery; - A request for additional info extends the
Penalty - For each and every violation under Chap III Sec 14(a) and (b), 2-7yrs IMP and Fine 3) In response to competitive price of Exemptions period within which consummation is 5-15yrs IMP and
of 50M-250M. payments, sevrices or changes in the a) Concentration allowed for another 60 days. In no case Fine of 5K-2M
- If juridical persons, IMP imposed on its officers, directors, or employees holding facilities furnished by competitor; has brought about such period exceeds 90 days from initial
managerial positions, who are knowingly and willfully responsible for such violation. 4) In response to changing market or is likely to bring notification.
conditions, marketability of goods or about gains in - When such period expires without a
Definitions, - A plea of Nolo Contendere may be entered in which the accused does not accept services. efficiencies, greater decision reached, the merger shall be Hoarding (a) undue
Notes and nor deny responsibility for the charges but accepts punishment as if he had pleaded e) Imposing restrictions on the lease or than the effects of deemed approved. accumulation
Jurisprudence guilty. It cannot be used to prove liability in a civil suit arising from the criminal contract for sale or trade of goods or any limitation; or Effect of Notification beyond normal
action or in another cause of action. Provided, it may be entered only up to services; b) A party is faced The Commission may: a) prohibit the inventory levels; (b)
arraignment and subsequently only with the permission of the courts. f) Making supply of particular goods with actual or implementation; b) prohibit same unless unreasonable
- Agreement refers to any type of form or contract, arrangement, understanding, dependent upon the purchas eof other imminent financial it is modified by changes specified; c) refusal to dispose
collective recommendations, or concerted action, whether formal or informal, goods having no direct connection with failure, and the prohibit same unless and until parties of, sell; (c)
explicit or tacit, writen or oral, (Sec 4[b]). the main goods to be supplied. agreement enter into legally enforceable unjustified taking
- An entity that controls, is controlled by, or is under common control with another g) Imposing unfairly low purchase prices represents the least agreements. out from the
entity or entities, have common interest, and are not otherwise able to decide or for goods of marginalized producers; anti-competitive Finality of Rulings channels of trade,
independently of each other shall not be considered competitors. h) Imposing unfair purchase or selling arrangement. - Receipt of favorable ruling may not be commerce and
- Entity refers to any person, sole propritorship, partnership, combination or price on their competitors, customers, Burden of proof challenged (Sec 23), except when industry;
association in any form, whether incorporated or not, domestic or foreign, including suppliers or consumers; and - Lies with the obtained on the basis of fraud or false Profiteering sale or
those owned or controlled by the government, engaged directly or indirectly in any i) Limiting production, markets or parties seeking material information. offering of sale at a
economic activity. (Sec 4[h]) technical development to the prejudice of exemption (Sec price grossly in
- Control refers to the ability to substantially influence or direct the actions or consumers. 21). excess of its true
decisions of an entity, whether by contract, agency orotherwise. (Sec 4[f]) - If the agreement worth;
wre not Cartel any
implemented, combination or
Administrative Fines Common proviso: Prices that develop in significant Leniency Program Immunity from suit to
agreement
a) Violate Secs 14,15,17,20 - 1st Offense: Fine up to 100M; 2nd: 100M-250M; the market as a result of or due to efficiency gains entity reporting illegal activity, Provided
designed to
b) Failure to Comply With an Order of the Commission - 50K-2M, accrues 45 days superior product or process, business would not be (a) at the time entity comes forward,
artificially and
from the time said decision, order or ruling is received. acumen or legal rights or laws shall not realized (Sec 22) Commission had no info; (b) it took
unreasonably
c) Supplyof Incorrect or MIsleading Information - up to1M; be considered unfair prices. prompt an effective action to terminate
increase or
d) Others violations: 50K-2M; its participation; (c) reports with candor;
manipulate price.
Provided, schedule of fines increased every 5 years. and (d) not the leader or originator

19
 Criminal Law II Compendium of Penalties
Title Title Four Crimes Against Public Interest
Art No/ Title 187 Importation and disposition of
falsely marked articles or merchandise
made of gold, silver, or othe rprecious
metals or their alloys.
Offender Any person
Acts Punished Articles or merchandise involved
a) Gold; b) Silver; c) Other precious metals, colorable
d) Their alloys
Elements 1) Offender imports, sells or disposes any
of the articles;
2) Stamps, brands, or marks fail to
indicate actual fineness or quality;
3) Offender knows of such failure.
Modifying
Circumstances
Penalty PC, or Fine from 200-1K, or both
Definitions, - Selling misbranded articles is not
Notes and necessary. But there must be evidence
Jurisprudence showing that the articles were imported.
- Manufacturer not liable under Art 187,
but of estafa under Art 315[2][b].
Acts punishable by Art 188
1) Substituting tradename or trademark - Mere geographical names, regarded as common property, not
of a merchandise, and selling same;
2) Selling or offering for sale such
knowing tradename or trade mark
fraudulently used;
3) Using or substituting service mark;
4) Printing, lithographing, reproducing
tradename, trade mark or service mark.
Acts punishable by Art 189
1) Unfair competition;
2) Fraudulent designation of origin; False considered.
description;
3) Fraudulent registration.
RA 8293 Intellectual Property Code of the Philippines
(Repealing Arts 188 and 189 of RPC)
Sec 155 Infringement
Any person who shall, without consent of owner of the mark.
1) Use in commerce any reproduction, counterfeit, copy or
or imitation of a registered mark, likely to cause
confusion, or to cause mistake or deceive; or
2) Reproduce, counterfeit, copy or colorably imitate such.
1) Validity of plaintiff's mark;
2) Plaintiff's ownership of the mark;
3) Use of the mark results in likelihood of confusion. -
essential
2-5 yrs IMP and Fine from 50K - 200K
- Mark means any visible sign capable of distinguishing the
goods (trademark) or services (Service mark) of an enterprise
and shall include a stamped or marked container.
- Tradename is the name or designation identifying or
distinguishing an enterprise.
1st Element
- Trademark must not be merely descriptive or generic.
registerable.
- Trademark which loses its distinctiveness or has become
publici juris also not registerable.
2nd Element
- Must be registered to the IPO of PH.
3rd Element
- Tests in determining confusing similarity:
1) The Dominancy Test focuses on the similarity of prevalent
features. Relied by SC.
2) The Holistic Test requires that the entirety of the marks be
Types of confusion
1) Confusion with goods;
2) Confusion of business.
- Product classification, not decisive factor in determining
related goods;
Sec 168 Unfair Competition
Any person
1) Sells goods giving them the general appearance of another;
2) Induces the belief that he is offering the srvices of another;
3) Make false statements to discredit the goods, business, or
servce of another.
1) Confusing similarity in the general appearance of goods;
and
2) Intent to deceive the public and defraud a competitor.
- Unfair competition consists in employing deception or any
other means contrary to good faith by which he shall pass of
the goods manufactured by him or in which he deals, or his
business, or services for those of the one having established
goodwill, or who shall commit any acts calvulated to produce
said result.
- Evidence of actual fraudulent intent not necessary.
- True test of unfair competitionis wether certain goods have
been clothed with an appearnace which is likely to deceive the
ordinary purchaser exercising ordinary care, and not whether a
certain limited class of purchasers could avoid mistake by the
exercise of this special knowledge.
- Also provided under Art 28 of NCC.
Trademark Infringement and Unfair Competition distinguished
1) UC is broader. Failure to establish validity of trademark may
seek relief on grounds of UC;
2) Property right in TI based on peculiar symbol of mark, while
in UC, that of the goodwill established;
3) In TI, offender uses mark of another in selling his goods,
whil in UC, he gives his goods he general appearance of
another.
4) In TI, unauthorized use of trademark, UC passing off one's
goods as those of another;
5) In TI, intent is unnecessary, while in UC, it is essential;
6) In TI, trademark registration prerequisite; not in UC.
Titles 4-7
Sec 169.1 False designation of origin
and false description or representation of
the Intellectual Property Code of PH
Any person
- Uses in commerce, any word, term,
name, symbol, or device which:
a) Is likely to cause confusion, mistake,
or to deceive as to the affiliation or
connection of such person with another,
or as to origin or approval of his goods
by another; or
b) In advertisements, misrepresents the
nature, characteristics, qualties, origins,
of his or another person's goods.
- Causing to affix on the label that such
good was packed in California, where in
fact it was packed in PH.
- RA 623 as amended by RA 5700
regulates the use of duly stamped or
marked bottles, boxes, casks, kegs,
barrels, etc. Violation - up to 1yr IMP, or
fine up to 1K, or both.
- Sec 3601 of the Tariff and Customs
Code of PH as amended by RA 4712
punishes smuggling or illegal
importation
- P50-200, 5-20d - value <=P25;
- P800-5K, 6m1d-4y - value P25-50K;
- P6K-8K, 5y1d-8y - value P50K-150K;
- P8K-10K, 8y1d-12y - value >P150K;
- PM with serious physicial injuries, RP to
Death if with homicide
- Possession shall de deemed sufficient
evidence
- Provisions of RPC on Degree of
Participation and Persons Criminally
Liable are applicable.
- RTC have jurisdiction over violations of
IP rights.
20
 Criminal Law II Compendium of Penalties Titles 4-7

Title Title Five Crimes Relative to Opium and Other Prohibited Drugs
Art No/ Title RA 9165 Comprehensive Dangerous Drugs Act of 2002 (Repealing Arts 190 - 194 of RPC)

Offender 1) Importation of 2) Sale, trade, administration, 3) Maintenance of 4) Being employees 5) Manufacture of 6) Illegal chemical 7) Manufacture or delivery of equipment, 8) Possession of
dangerous drugs dispensation, delivery, distribution and a dangerous drug or visitors of a dangerous drugs diversion of instrument, apparatus and other dangerous drugs
Acts Punished
and/or controlled transportation (STA3DT) of dangerous den, dive or resort dangerous drug and/or controlled controlled paraphernalia for dangerous drugs
precursors and drugs and/or controlled precursors and den, dive or resort precursors and precursors and and/or controlled precursors and
essential chemicals essential chemicals; essential chemicals essential chemicals essential chemicals;

Elements Any dangerous Any dangerous drugs = Life to Death and Any dangerous 12y1d-20y and Any dangerous 12y1d-20y and Used to plant, propagate, manufacture, Life to Death and
drugs = Life to 500K-10M; drugs is used or 100K-500K drugs = Life to 100K-500K convert, produce, test, analyze, pack, 500K-10M:
Death and 500K- Any controlled precursor and essential sold = Life to Death 1) Any employee Death and 500K- repack = 12y1d-20y and 100K-500K; >=10g of (1) opium,
10M; chemical, or act as broker = 12y1d-20y and 500K-10M; aware of the nature 10M; Used to inject, ingest, inhale = 6m1d-4y (2) morphine, (3)
Modifying Any controlled and 100K-500K; Any controlled of such place; Any controlled Cont of No 5: and 10K-50K; heroin, (4) cocaine
Circumstances precursor and Within 100m from school = MAX; precursor and 2) Any person precursor and - Aggravating if Use minors or mentally incapacitated or cocaine HCl, (6)
essential chemical Use minors or mentally incapacitated essential chemical aware of the nature essential chemical clandestine lab: individuals = MAX; marijuana resin or
Penalty = 12y1d-20y and individuals = MAX; is used or sold = of the place and = 12y1d-20y and resin oil, (8)
(a) In the presence
100K-500K; Victim is minor or mentally incapacitated, 12y1d-20y and shall knowingly visit 100K-500K; of minor/s; ecstasy, PMA, TMA,
Use of a diplomatic or proximate cause of death = MAX; 100K-500K; the same; Organizes, (b) 100m of a LSD, GHB;
passport = MAX; Organizes, manages, finances = MAX; Minor allowed to manages, finances residential, >=50g of (5) shabu;
Organizes, Protector/coddler = 12y1d-20y and use = MAX; = MAX; business, church or >=500g of (7)
Definitions, manages, finances 100K-500K. Proximate cause of Protector/coddler = school; Cont of No 8: marijuana
Notes and = MAX; death = Death and 12y1d-20y and (c) W/ booby traps; 12y1d-20y and 300K-400K Life and 400K-
Jurisprudence Protector/coddler = Requisites: 1M-15M; 100K-500K. (d) Concealed with <5g of 1,2,3,4,5,6,8, or <300g of 7. 500K
12y1d-20y and 1) Identities of the buyer and seller, the Organizes, legit business; 10-50g of (5);
100K-500K. object, and the consideration; and manages, finances - Presence of any (e) Employs a Requisites: 20y1d-Life and
2) the delivery of the thing sold and the = MAX; precursor or practitioner, chem 1) Actual possession; 400K-500K
payment for it. Protector/coddler = equipment is prima eng, public official 2) Unauthorized by law; 5-10g of (1),(2),(3),
12y1d-20y and facie evidence of or foreigner. 3) Free and conscious possession; (4),(6),(8), or 300-
100K-500K. manufacture 500g of (7);
9) Possession of 10) Possession of 11) Possession of equipment, 12) Use of 13) Cultivation or 14) Failure to maintain and keep original 15) Unnecessary 16) Unlawful
equipment, dangerous drugs instrument, apparatus and other dangerous drugs culture of plants records of transactions on dangerous prescription of prescription of
instrument, during parties, paraphernalia for dangerous drugs classified as drugs and/or controlled precursors and dangerous drugs dangerous drugs
apparatus & other social gatherings or during parties, social gatherings or dangerous drugs or essential chemicals
paraphernalia for meetings meetings are sources thereof
dangerous drugs;
Life-Death and
500K-10M

Used to inject, MAX of Sec 11 (No MAX of Sec 12 (No 9) 1st Offense: Land public domain Upon any practitioner, manufacturer, Upon practitioner = Upon any person =
ingest, inhale = 8) Minimum 6m = MAX; Organizes, wholesaler, importer, distributor, dealer or 12y1d-20y and Life to Death and
6m1d-4y and 10K- Rehab; manages, finances retailer = 1y1d-6y and 10K-50K; 100K-500K + 500K-10M
50K; - Prima facie 2nd Offense: 6y1d- = MAX; Protector/ Additional Penalty: revocation of
evidence of 12y and 50K-200K coddler = 12y1d- revocation of license to practice or license
violating Sec 15 20y and 100K- operate business;
(No 12) 500K.

21
 Criminal Law II Compendium of Penalties Titles 4-7

Title Title Five Crimes Relative to Opium and Other Prohibited Drugs
Art No/ Title RA 9165 Comprehensive Dangerous Drugs Act of 2002 (Repealing Arts 190 - 194 of RPC)

Offender DEFINITION OF TERMS
a) Administer - Any act of introducing any
Acts Punished
dangerous drug into the body, or of
indispensable assistance thereof.
b) Chemical Diversion - STA3DT of
legitimate controlled precursors and
essential chemicals in diluted, mixtures,
Elements or in concentrated form to any person
engaged in the manufacture of
dangerous drugs.
c) Clandestine Laboratory - Any facility
Modifying used for manufacture;
Circumstances d) Controlled Precursors and Essential
Chemicals - Tables I and II of the 1998
Penalty UN Convention Against Illicit Traffic in
Narco Drugs and Psychotropic
Substances.
e) Cultivate or Culture - planting, growing,
raising, or permitting same of any plant
source of a dangerous drug.
f) Dangerous Drugs - listed in the 1961
Single Convention on Narco Drugs as
amended by the 1972 Protocol, and in
the 1971 Single Convention on
Psychotropic Substances.
g) Deliver - passing to another, personally
or otherwise, with or without
consideration.
h) Den, Dive, Resort - place for
administering, delivering, storing,
distributing, selling, using.
i) Dispense - giving away, selling,
distributing with or without prescription.
j) Employee of Den, Dive, Resort -
caretaker, helper, watchman, lookout,
with or without compensation.
k) Financier - pays for, raises or supplies
money for, or underwrites any illegal
activity.
l) Illegal Trafficking - cultivation, culture,
delivery, administration, dispensation,
manufacture, sale, trading,
transportation, distribution, importation,
exportation, possession.
m) Manufacture - production,
preparation, compounding or processing,
including packaging, labeling.
n) Cannabis - Marijuana, Indian Hemp
o) MDMA - Ecstasy,
methylenedioxymethampethamine.
p) Shabu - Methampethamine HCl, Ice.
q) Opium - coagulated juice of opium
poppy (Papaver Somniferum L.).
r) Opium poppy - any of Papaver
Somniferum L., Papaver Setigerum DC,
Papaver Orientale, Papaver Bracteatum,
and Papaver Rhoeas.
s) Planting of Evidence - willful act of
maliciously and surreptitiously inserting,
placing, adding or attaching directly or
indirectly, through any overt or covert act,
in the person, house of an innocent
person for the purpose of implicating the
commission of any violation of this Act.
t) Practitioner - licensed physician,
dentist, chemist, med tech, nurse,
midwife, vet, pharma in PH.
u) Protector/coddler - consents, protects,
shields violator of this Act.
v) Pusher - sells, trades, administers,
dispenses, delivers, distributes,
dispatches.
w) Sell - giving away for money or any
other consideration.
x) Trading - Transactions using electronic
devices for money or others.
y) Use - injecting, intravenously or
intramuscularly, consuming, either by
chewing, smoking, sniffing, eating,
swallowing, drinking.

Definitions, NOTES
Notes and - Any person convicted for drug trafficking or pushing cannot
Jurisprudence avail of Probation Law.
- Positive finding for the use of dangerous drugs shall be a
qualifying aggravating circumstance in the commission of any
crime.
- Attempt or conspiracy penalized by same penalty in Nos 1, 2,
3, 5 and 13.
- Criminal liability of public officer or employee for
misappropriation, misapplication or failure to account
confiscated, seized and/or surrenderd articles is Life-Death
and 500K-10M + Absolute Perpetual DQ.
- Any elective official who benefited from proceeds shall be
removed from office and perpetually DQ from holding position
in government.
- Government officials and employees meted with MAX penalty
+ Absolute Perpetual DQ.
- Planting Evidence = Death.
- In case od juridical persons, the partner, president, director,
manager, trustee, estate administrator, or officer who
consents and knowingly tolerates shall be co-principal.
- Unless penalty is death, alien offender is immediately
deported after service of sentence.
- Accessory penalty of DQ from exercising civil and political
rights, or suspension of such rights pending appeal.
- Voluntary submission of a drug dependent to confinement,
treatment and rehabilitation:
a) By himself or through parent, spouse, guardian, relative
within 4th degree, apply to Board;
b) Board submits to Court which orders examination for
dependency;
c) DOH-accredited physician issues certification of
dependency;
d) Court orders treatment and rehab in a Board-designated
Center for at least 6 months;
Provided, may be placed under care of DOH-accredited
physician, if (1) no available Center, or (2) offender is below 18
and a 1st-time offender.
e) Confinement not to exceed 1 year. The Board and Court
shall be apprised by the head of the Center of the status.
f) Determine whether further confinement required.
- Exemption from Criminal Liability under Voluntary
Submission Program
a) Complied with rules and regulations;
b) Has never been charged or convicted of any offense under
this Act, RPC, or any special penal laws;
c) No record of escape, Provided in case of escape, shall
surrender 1 week from said escape.
d) Poses no serious danger to himself, family, and community.
- The period of prescription under the complusory submission program shll not run
dureing the time the drug dependent is under confinement, or under treatment and
rehabilitation approved by the Board.
- Provisions Applicable to First-Time Offenders
1) Suspension of sentence - over 15 yrs old at the time of commission but not more
than 18 at the promulgation of judgment, Provided:
a) not been previously convicted,
b) not been previously committed to a Center or care of a DOH-accredited physician;
and c) Board favorably recommends so.
2) Discharge After Compliance with Conditions of Suspended Sentence - expunge all
records, restore the accused to his status prior to the case.
3) Privilege of Suspended Sentence to be Availed Only Once
4) Promulgation of Sentence - should the offender violate any condition.
5) Probation or Community Service in Lieu of Imprisonment.
- Parent, spouse, guardian who refuses to cooperate, may be cited for contempt.
- Required procedure on the seizure and custody of drugs under Sec 21(1) Art II RA
9165: Shall, immediately after seizure and confiscation, physically inventory and
photograph, the same in the presence of the accused, or his counsel, a
representative from media and the DOJ, and any elected official, who shall sign said
inventory, and be given a copy of.
- Chain of custody establishes the identity of the substance from the moment item
is seized up to the time it is offered in evidence.
- There can be no crime of illegal possession of prohibited drug if nagging doubts
persist on whether the item confiscated is the same specimen examined.

22
 Criminal Law II Compendium of Penalties Titles 4-7

Title Title Five Crimes Relative to Prohibited Drugs Title Six Crimes Against Public Morals
Art No/ Title RA 9165 Comprehensive Dangerous Drugs Act of 2002 PD 1602 Prescribing Stifter Penalties on Ilegal Gambling RA 9287 Increasing Penalties of PD 483 Penalizing Betting, Game-
(Repealing Arts 190 - 194 of RPC) (Repealing provisions of Arts 195 - 199 of RPC, PD Nos 483 Illegal Numbers Game Fixing or Point-Shaving and
and 449 inconsistent thereof) Machinations in Sport Contests

Offender Chain of Custody Procedure Any person who directly or indirectly takes part in Bettor: 30-90d; - Betting, game-fixing, point-shaving,
1) Police officer to place his marking on the plastic container Personnel or staff, or allows property as game machination in connection iwth
Acts Punished 1) cockfighting, jueteng, jai-alai or horse racing to include
containing the suspected substance. venue: 6y1d-8y; basketball, voleyball, softball, baseball,
bookie operations and game fixing, numbers, bingo;
2) Turns over to supervising officer. Collector or agent: 8y1d-10y; chess, boxing, jai-alai, pelota and all other
2) cara y cruz, pompiang;
- At trial, officer can identify the substance and the procedure Coordinator, controller, supervisor: sports, games, races are prohibited
3) 7-11 and any game using dice;
he observed until same reaches lab. 10y1d-12y; unless authorized by law.
4) black jack, lucky nine, poker, monte, baccarat, cuajo,
3) Sends by courier to the police crime lab for testing. Maintainer, manager, operator: 12y1d-
Elements pangguigue and other card games; - Offender is an official, promoter,
4) After testing and verifying nature of substance, technician 14y;
5) paik que, high and low, mahjong, domino, use of plastic tiles; referee, umpire, judge, coach, manager,
puts his own mark on new container and seal. Financier, capitalist: 14y1d-16y;
6) slot machines, roulette, pinball; sponsor, player, syndicate of 5 or more:
- At trial, technician can testify the sealed condition of Financier, coddler: 16y1d-18y.
7) dog, boat, car racing; PC max and Fine 2K + subsidiary IMP.
container when it was handed to him and the procedure he
8) basketball, voleyball, boxing, bowling, pingpong; - Other offender: PC med and Fine 1K +
Modifying took to preserve its integrity. - Money is not a necessary element.
9) banking or percentage game subsidiary IMP.
Circumstances - If the substance was not sealed, prosecution has to present - A mere bystander not criminally liable.
every police officer, messenger, lab technician and storage - Guessing competition is lottery. - Government official, same + DQ.
Penalty personnel who had possession of same, and for them to PC med or Fine 1K-6K - Alien, may be deported.
Recidivism: PM med or Fine 5K-10K - If the player obtains full value for his
testify that it has not been tampered with. money, the prize being incidental, there is - Horse races may be carried on and
Exceptions - Gambling is any game or scheme, whether upon chance or prizes or gifts may be offered to the
- What is imperative is the preservation of the integrity and the skill, wherein wagers consisting of money, articles or value or no lottery. winner, provided there is no betting or the
evidential value of the seized items as the same would be representative of value are a stake or made. use of totalizer.
Definitions, utilized in the determination of the guilt or innocence of the - Any person who permits the use of his property as venue of - Illegal numbers - Lottery is the a. Betting money or any object or article
Notes and accused. illegal gambling shall bear same penalty. game are those distribution of of value or representative of value upon
Jurisprudence - Prosecution must recognize and explain the lapse or lapses Elements: that use numbers prizes to persons the result of any game, races and other
in the prescribed procedure. 1) Gambling game was carried on; or combinations who have paid a sports contest.
Physical Inventory, Photograph, Marking of Seized Evidence 2) Place, building, vessel or other means of transportation thereof as factors valuable b. Game-fixing any arrangement,
- In seizures covered by search warrants, physical inventory owned by offender; in giving out consideration for combination, scheme or agreement by
and photograph must be done where the warrant was served. 3) He permits same knowing it is a gambling game. jackpot the chance to which the result of any game, races or
- In warrantless seizures, such as buy-busts, may be done at - Penalty of PC max or Fine of 6K: (1) knowingly permitting prizes/returns. obtain a prize. sports contests shall be predicted and/or
the nearest ploice station or office of the apprehending gambling to be carried on in a place with a reputation as a known other than on the basis of the
team/officer. gambling place, or that it is frequently carried on therein, or in a Liability of Official - Maintainer sets up honest playing skill or ability of the
public government building or barangay hall; (2) Maintainer or or Employee means with which players or participants.
- A buy-bust operation is non invalidated by mere non- conductor of same. 1) If at least to carry the c. Point-shaving any such arrangement,
coordination with the PDEA. - Penalty of PM med + Temporary Absolute DQ or a fine of 6K: collector, 12y1d- gambling scheme; combination, scheme or agreement by
- Penalty for marijuana >=750g - RP; 500-749g - RT; 250-499g - Government official is the maintainer, conductor, banker, of the 20y and Fine of - Conductor which the skill or ability of any player or
PM; <250g - PC. gambling scheme, or player, promoter, referee, umpire, judge 3M-5M + Perpetual manages or carries participant in a game, races or sports
Possession of dangerous drugs or coach in case of game fixing. Absolute DQ; on such scheme. contests to make points or scores shall
Must be 1) unauthorized, 2) actual or constructive, 3) - Penalty of PC med or Fine of 400-2K: unlawfully possess any 2) LG official who be limited deliberately in order to
irrespective of quantity, and 4) with intent, i.e. with full lottery list or other matter pertaining to no 1. fails to abate, influence the result thereof in favor of
knowledge. - Temporary Absolute DQ to any barangay official who with Perpetual DQ; one or other team, player or participant.
- If jueteng took or
- Must be present possession. knowledge of existence of a gambling house in his jurisdiction, 3) Law enforcer d. Game-machinations any other
is about to take
Presumptions fails to abate same. who fails to fraudulent, deceitful, unfair or dishonest
place, burden is on
a) Illegal possession of paraphernalia - prima facie evidence of - Penalty of PC max or Fine of 500-2K: any security officer, apprehend, the accused. If it
means, method, manner or practice
use of prohibited drug. guard, watchman of villages, buildings, enclosures where Suspension or employed for the purpose of influencing
happened on other
b) Knowledge - finding of illicit drug or paraphernalia. gambling takes place. dismissal. the result of any game, races or sport
dates, burden shifts
contest.
to prosecution.

23
 Criminal Law II Compendium of Penalties Titles 4-7

Title Title Six Crimes Against Public Morals

Art No/ Title PD 449 Cockfighting Law of 1974 200 Grave 201 Immoral doctrines, obscene RA 9995 Anti- RA 10364 Expanded Anti-Trafficking in Persons Act of 2012 (Amending RA
scandal. publications and exhibitions. (as Photo and Video 9208)
amended by PD 969) Voyeurism Act of
2009 RA 10158 Decriminalized vagrancy (Amending Art 202)
Offender - Allowed in licensed cockpits on Any person 1) Publicly proclaim doctrines openly a) Take photo or - Trafficking in Persons refers to the recruitment, obtaining, hiring, providing,
Sundays, legal holidays, local fiestas for contrary to public morals; video of a sexual offering, transportation, transfer, maintaining, or harboring, or receipt of persons
Acts Punished 1) Act is performed;
not more than 3 days, except: Rizal, 2) a. Authors or publishers of, or owners act or capture with or without victim's consent or knowledge, within or across national borders by
2) Such be highly
Independence, National Heroes Day, Holy of establishment selling obscene image of private means of threat or use of force, or other forms of coercion, abduction, fraud,
scandalous as
Thursday, Good Friday, Election or literature; b. Exhibit indecent or immoral area of a person deception, abuse of power of position, taking advantage of vulnerability, or the
offending against
Referendum Day or days for their reg. plays, scenes, acts, or shows which: without consent; giving or receiving of payments or benefits for the purpose of exploitation.
decency or good
(1) glorify criminals or condone crimes; b) Copy or
Elements - Offender is the financier, owner, customs; 3) Not Acts of Trafficking in Persons (Sec 4):
(2) serves no other purpose but to satisfy reproduce, or
manager or operator or gaffer of a under any other a) Under pretext of employment or training or apprenticeship;
market for violence, lust or pornography; c) Sell or distribute,
cockpit, or referee or bet taker of a article; 4) Done in a b) Matching Filipino women to foreign nationals for marriage (RA 6955);
(3) offend any race or religion; (4) tend to or d) Publish or
cockfight, or allows, promotes, public place or c) Offer or contract marriage, real or simulated;
abet us of prohibited drugs; and (5) are broadcast, or cause
participates in any other kind of gambling within public d) Undertake, organize tours and travel plans that utilizes prostitution;
Modifying contrary to law, public order, morls, good same such photo or
knowledge or view.
Circumstances in the premises of the pits during fights: customs, established policies, lawful video, in means of e) Maintain or hire a person to engage in prostitution or pornography;
PC max and Fine of 2K + subsidiary IMP. orders, decrees and edicts; print, broadcast f) Adopt persons;
Penalty - Any other offender: PC, or Fine of 600- AMay + Public 3) Sell, give away, or exhibit offensive media, or through g) Adopt or facilitate the adoption of persons;
2K, or both + subsidiary IMP. Censure displays. VCD/DVD, internet, h) For the purpose of removal or sale of organs;
cellphone, or other i) Adopt a child to engage in armed activities in PH;
PM, or Fine 6K-12K, or Both devices. j) For the purpose of slavery, forced labor with threat of physical harm to victim;
k) Baring and/or selling a child.
Definitions, (a) Cockfighting shall embrace and - Decency is - Publicity is essential. - Pars b,c,d shall Attempted Trafficking (Sec 4-A) Qualified Trafficking in Persons (Sec 6)
Notes and mean "cockfighting derby, pintakasi or propriety of - Moral implies conformity with the apply In case victim is a child: a) Trafficked is a child;
Jurisprudence tupada. conduct; proper generally accepted standards of notwithstanding a) Facilitating solo travel of child; b) Adoption effected through RA 8043;
(b) Zoning Law or Ordinance logically observance of the goodness or rightness in conduct or consent. b) Executing an affidavit of consent; c) Committed by a Syndicate - 3 or more
arranges, prescribes, defines and requirements of character. - 3y-7y IMP, or Fine c) Recruiting a woman to bear child; persons; or in large scale - against 3 or
apportions a given political subdivision modesty, good - Obscene is something offensive to of 100K-500K, or d) Simulating birth; more;
into specific land uses as present and taste. chastity, decency or delicacy. Both. e) Soliciting a child and acquiring d) Offender is spouse, ascendant, parent,
future projection of needs warrant. - Customs are - Test of obscenity is whether it depraves custody thereof. sibling, guardian, with authority over
(c) Bet Taker of Promoter calls and takes established usage, or corrupts those whose minds are open trafficked; or a public officer or
care of bets before he orders social conventions to such immoral influences. - If juridical, Acts that Promote Trafficking (Sec 5) employee.
commencement of the cockfight and carried on by - Indecency is an act against the good licensed is revoked. a) Lease or sublease house, or building; e) To engage in prostitution with
thereafter distributes won bets to the tradition and behavior and a just delicacy. Persons liable are b) Issuing fake certificates as pre- member of miltary or law enforcer;
winners after deducting a certain enforced by social - Mere possession of obscene materials the editor and departure requirements; f) Offender is a member of military or
commission. disapproval of any not punishable. reporter, station c) Propaganda promoting trafficking; law enforcer;
(d) Gaffer (Taga Tari) knowledgeable in violation thereof. - If Government official or employee, manager, d) Assist in conduct of fraud; g) Victim dies, becomes insane, suffers
the art of arming fighting cocks with gaff - Grave scandal MAX penalty. broadcaster. e) Facilitate exit and entry of trafficked; mutilation, afflicted with HIV or AIDS;
or gaffs on either or both legs. consists of acts - Under RA 7610: - If public officer or f) Confiscate, conceal destroy passport; h) Offender commits one or more
(e) Referee (Sentenciador) watches and which are offensive 1) If a child is hired, used, persuaded in employee or a g) Benefit from, or make use of the labor violations of Sec 4 over a period of 60
oversees the proper gaffing of fighting to decency and obscene or indecent shows: PM med; professional, or services of trafficked; days or more, whether continuous or not;
cocks, determines the physical condition, good customs 2) If child is below 12 yrs: PM max; administratively h) Tamper, destroy evidence, influence and
the injuries sustained and capability to which, having been 3) Any ascendant, guardian, parent, or liable. witnesses in an investigation of a case i) Offender directs or through another
continue fighting and decides result. committed publicly, entrusted with care of child who allowed - If alien, may be under this Act; manages the trafficking victim.
(f) Bettor uses money or other things of have given rise to such: PM med. deported upon i) Destroy, conceal remove, confiscate or
value, bets and wins or loses his bet public scandal to service of sentence possess any traveling documents;
depending upon the result. He may be witnesses of same. & payment of fines. j) Use office to impede investigation.
the owner of fighting cock.

24
 Criminal Law II Compendium of Penalties Titles 4-7

Title Title Six Crimes Against Public Morals Title Seven Crimes Committed By Public Officers
Art No/ Title RA 10364 Expanded Anti-Trafficking in Persons Act of 203 Who are 204 Knowingly 205 Rendering 206 Rendering 207 Malicious 208 Dereliction of 209 Betrayal of
2012 (Amending RA 9208) public officers. rendering unjust judgment through unjust interlocutory delay in the duty in prosecution trust by an atty or
judgment. negligence. order. administration of of offenses. solicitor - revelation
justice. of secrets.
Offender Penalties and Sanctions (Sec 10) 1) Taking part in the Judge (Not applicable to members of a collegiate court) Officer of the law Attorney
a) Sec 4: 20y IMP and Fine 1M-2M; performance of
Acts Punished 1) Offender is a 1) Offender is a 1) Judge; 2) (a) 1) Offender is a By maliciously 1) 1) Causing damage
b) Sec 4-A: 15y IMP and Fine 500K-1M; public functions in
judge; judge; 2) Renders knowingly renders judge; 2) There is a Refraining to his client, by (a)
c) Sec 4-B (Accomplice): 15y IMP and Fine 500K-1M; the Government, or
2) Renders judgment; unjust interlocutory proceeding in his prosecution; 2) any malicious
automatic revocation of license; Performing in said
judgment; 3) Such is order; or (b) court; 3) Delays Tolerating breach of
d) Sec 5 and 4-C (Accessory): 15y IMP and Fine 500K-1M; Government public
3) Such is unjust; manifestly unjust; Renders manifestly administration of offenses. professional duty,
e) Sec 6: Life IMP and Fine 2M-5M; duties as an
Elements 4) Knows it is 4) Due to unjust one through justice; 4) It is 1) Public oficer or or (b) inexcusable
f) Sec 7 (Violation of confidentiality): 6y IMP, Fine 500K-1M; employee, agent or
unjust. inexcusable inexcusable malicious, with officer of the law; negligence or
g) If juridical, liable is the owner, president, partner, manager, subordinate official,
negligence or negligence or intent to cause 2) There is ignorance; 2)
and/or responsible officer; of any rank or class;
ignorance. ignorance. damage to either. dereliction of duty; Revealing secrets
h) Registration with SEC and licenses to operate revoked 2) His authority
Modifying permanently; owner, president, partner, manager thereof not be must be by - a) These are misfeasances or the improper performance of some act which might 3) With malice and he has learned from
Circumstances allowed to operate similar establishment; direct provision of lawfully be done. deliberate intent to his client in his
favor violator of professional
i) If foreigner, immediately deported after serving sentence, law; b) popular
Penalty PM + Perpetual AMay + Temporary (a) AM min + PC min law. capacity, to which
and permanently barred from entering PH; election; or, c)
Absolute DQ Special DQ Suspension; damage is not
j) If public officer or employee, administratively liable, appointment by
PC min + necessary; 3)
dismissed from service, permanently barred, benefits forfeited. competent
(b) Suspension. Suspension Undertaking the
k) Immediate rescission of decree of adoption. authority.
defense of the
Definitions, Use of Trafficked Persons(Sec 11) - For purposes of Judgment is the Manifestly contrary Interlocutory order Mere delay without A nonfeasance, opposing party in
Notes and - Probation Law shall not apply RPC, there is no final consideration to law, that even a is issued by the malice is not a omitting some act the same case
Jurisprudence a) PC max to PM or 6y-12y IMP and Fine of 50K-100K distinction between and determination person having court between the felony under this which ought to be without consent
Provided, however if offense involves a public officer and of a court of meager knowledge commencement article. performed. from the first one,
(1) sex or lascivious conduct with a child, RT med to RP or a public employee. competent of the law cannot and the end of a Officer of the law after having
17y-40y IMP and Fine of 500K-1M; - What is jurisdiction upon doubt its injustice. suit or action and by reason of his undertaken the
(2) carnal knowledge of, or sex with victim and also use of determinative is not the matters which decides position, is duty- defense or received
force or intimidation, to a victim deprived of reason or is under the nature of submitted to it, in some point or bound to cause the confidential
12 yrs of age, RP or 40y IMP with no possibility of parole and appointment but of an action or matter, but which, prosecution and information from
Fine of 1M-5M. except that if offender knows the prostitute as the duties he proceeding. said client.
Abuse of discretion however, is not a punishment of
a trafficked person, he shall pe penalized under Sec 10. performs. Unjust judgment is does not final decision of the offenders.
b) Deportation - If a foreigner violates par 1 or 2, or any - Of importance is one which is matter in issue. Public officer PC min, or Fine
necessarily mean
pertinent provision of this Act as an accomplice or accessory not the delineation contrary to law, not ulterior motive, extends to officers 200-1K, or Both
thereto, or by attempting any such offense, he shall be between supported by arbitrary conduct or The test is: "Does it of the prosecution
immediately deported after serving his sentence, and be discretionary and evidence, or both. willful disregard of leave something to department.
permanently barred from entering the country. ministerial Knowingly meanse a litigant's rights. be done in the trial - Crime committed
c) Public official - Dismissed from service, Perpetual Absolute functions, but consciously, Mere error of court with respect by the law-violator
DQ, in addition to IMP or Fine. whether the intelligently, judgment without to the merits of the must be proved
offender is a public willfully, or proof or even case? Yes, first. It is a
- An attorney may
Prescriptive Period (Sec 12) officer, accountable intentionally. allegation of bad interlocutory; No, prejudicial
take on the case of
- 10 years, Provided, however, that cases committed by a public officer, a Source may be faith, ill motive, or final" question.
both opposing
syndicate, in large scale, or against a child shall presecribe in person in authority, either (a) error or improper - Not applicable to
parties in the same
20 years. or an agent of a (b) ill-will or consideration, is E.g. preliminray revenue officers.
case, as long as
- Shall commence from the day trafficked is free from PIA. revenge, or (c) not punishable. injunction, NIRC applies.
they consented.
bondage, or in case of child, when he reaches majority. bribery appointing receiver

25
 Criminal Law II Compendium of Penalties Titles 4-7

Title Title Seven Crimes Committed By Public Officers

Art No/ Title 210 Direct bribery. 211 Indirect 211-A Qualified 212 Corruption of RA 3019 Anti-Graft and Corrupt Practices Act (as amended
bribery. bribery. public officials. by RA 3047, PD 77, and BP Blg 195.)

Offender Public officer contemplated in Art 203 Any person Sec 3 Corrupt practices of public officers
Acts Punished 1) Agree to 2) Accepting a gift in consideration of 3) Agree to refrain,
1) Offender a public 1) Public officer 1) Offers or a) Persuading, b) Directly or c) Directly or
perform, or perform executing an unjust act that is not or refrain from officer; entrusted with law promises or gives inducing or indirectly indirectly
a criminal act criminal. doing an official 2) Accepts gift; enforcement; gifts to public influencing another requesting or requesting or
duty. 3) By reason of his 2) Refrains from officer; public officer to receiving any gift receiving any gift
office. arresting or 2) Will make the violate rules and for himself or for himself or
Elements PM med-max, Fine - Said act actually - Said act not PC max to PM min, - There must be prosecuting public officer liable regulations another in another in
of >=3x the value of executed accomplished Fine of >=3x the clear intention on offender punishable for Direct or Indirect connection with a consideration for
the gift, + Penalty value of the gift the part of public by RP and/or Death; bribery. - Both inducer and contract or securing or having
of crime if actually officer to take the 3) In consideration induced are liable transaction secured any
committed gift and consider it of any promise, gift - Gift not required. between Gov't and Government permit
Modifying same as par 1 PC med, Fine >=2x as his from then on. Same as those of any other party. or license.
Circumstances value of the gift Arts 210, 211, 211-
Penalty Common Elements: PC med-max + Equivalent penalty A d) Accepting or e) Causing any f) Neglecting or
1) Offender a public officer; 2) Accepts an offer or a promise, or receives gift Suspension + of RP and/or Death having any member undue injury to any refusing, after due
personally or through third person; 3) Does the act; 4) Agreed act in connection with Public censure - If offer is not of his family accept party, including demand or request,
the performance of official duties. PD 46: 1-5y IMP + If officer asked or accepted by public employment in a Government, or without sufficient
Common Accessory Penalty: Special Temporary DQ Perpetual DQ demanded: Death officer, only offeror private enterprise giving any private justification, to act
criminally liable for (1) within one year party unwarranted within a reasonable
Definitions, - A promise to give - Mere promise or offer of gift nots - If by refraining - Only - Basically founded attempted
Notes and gift to, and to sufficient. from doing official consummated on Art 208 after termination of advantage in the time on any matter
corruption of public official business discharge of the pernding before
Jurisprudence commit an unlawful - If information does not allege whether act, crime is stage. pervaricacion. officer in rel to Art therewith, or (2)
act by, a public the public officer executed the act or not, committed, Par 1 - No agreement - Acceptance of official functions, him.
6. which he has with manifest
officer sufficient. then case falls under Par 2. applies, e.g. Art 208 whatsoever is bribe not required.
on prevaricacion. necessary in - Alleged law- pending official partiality, evident
PD 794 Granting business. bad faith or gross
indirect bribery. voilator must be Immunity from
- Even if there was convicted first. inexcusable
Prosecution to negligence.
agreement, if the givers of bribes i) Directly or
- Applicable to assessors, arbitrators, appraisal and claim commisioners, experts or act agreed on was who voluntarily g) Entering, on h) Directly or
just, Art 211, indirectly becoming
any other persons performing public duties. gives information, behalf of the indirectly having
instead of Art 210 interested, for
- Gift is either (1) voluntarily offered by private person, or (2) solicited by public Provided, that the Government, into pecuniary interest
(2). personal gain, or
officer, or (3) solicited by public officer , which the private person gives for fear of information: a) refer any contract or in any business in
- PD 46 : Prohibits having material
the consequences should the former perform his duty. to consummated transaction connection with
the receiving by interest in any act
- Gift must be capable of pecuniary value. violations, b) be manifestly and which he
requiring the
- If the act performed is so foreign to the duties of the office as to lack even color of public officer, and necessary for disadvantageous to intervenes, or he is
offer of private approval of a board,
authority, there is no bribery. conviction, c) not the same. prohibited.
panel or group of
- Difference between Art 210(3) and Prevaricacion is that the former has an element persons of gifts of yet in possession of
value on any which he is a
of gift, unlike the latter. the State, d) can be j) Knowingly k) Divulging
occasion, as well as member.
- The gift or present must be given to the public officer to corrupt him. corroborated, and approving permits valuable,
throwing of parties - Liable even if he
- Crime involving moral turpitude as inferred from the third element. e) informant not to unqualified or confidential info to
or entertainments votes against act;
- By promising the people that they would be relieved of the onligation to perform been previously not legally entitled unauthorized
in honor of offical - Those responsible
certain duties, the accused pretended to possess such authority. Thus, it is not convicted of a persons. persons, or
or of his immediate for the approval
direct bribery, but estafa by means of deceit. (US v Jader) crime involving releasing same in
relatives. presumed with
moral turpitude. - Gift not required. advance. material interest.

26
 Criminal Law II Compendium of Penalties Titles 4-7

Title Title Seven Crimes Committed By Public Officers

Art No/ Title RA 3019 Anti-Graft and Corrupt Practices Act (as amended RA 1379 Anti-Graft Law - Forfeiture 213 Frauds against the public treasury 214 Other frauds. 215 Prohibited 216 Possession of
by RA 3047, PD 77, and BP Blg 195.) Procedure in favor of State of any and similar offenses. transactions. prohibited interest
Unlawfully Acquired Property by Public by a public officer.
Officers
Offender Sec 4 Private ind. Sec 5 Relatives Sec 6 Congressmen Sec 2 Filing of Petition Frauds against Illegal exactions Public officer 1) Offender is an 1) Public officer
1) Officer acquires property manifestly public treasury a) Public officer appointive PO. who became
Acts Punished - Capitalizing or - Prohibit relatives - Receiving any 1) Offender is a
out of proportion to legitimate income. a) Offender is a entrusted with the 2) Becomes interested in any
exploiting such within 3rd degree pecuniary interest public officer;
2) Said acquisition is prima facie public officer; collection of taxes, interested, directly contract or
relation by directly of the four highest from business that 2) Takes advantage
unlawful. b) Intervened in hislicenses, fees and or indirectly, in any business in which it
or indirectly officials from benefited from an of official position;
3) Any taxpayer files complaint to the official capacity; other imposts; transaction of was his official duty
requesting or intervening in any act he had 3) Commits any of
fiscal who shall conduct preliminary c) Entered into an b) Acts or exchange or to intervene;
Elements receiving any gift business with the previously authored the frauds or
investigation. agreement with an omissions: speculation; 2) Experts,
from the person Government. or adopted by deceits in Arts 315-
4) Fiscal shall certify to the SolGen if interested party or (1) Demanding the 3) Transaction arbitrators, and
having transaction Congress in that 318.
there is reasonable ground. speculator with payment of sums takes place within private
with Government. Exceptions: term.
5) SolGen files, in and on behalf of RP, in regards to (1) different from or the territory subject accountants, who
Modifying - Relation with 1) Already - Shall also apply to the RTC where officer resides or holds furnishing supplies,larger than those Temporary Special to his jurisdiction; took part in any
Circumstances public officer transacting prior to public officers who office, a petition for a writ of show cause (2) making of authorized by law; DQ max to 4) Becomes transaction
Penalty includes familial assumption of recommended the explaining why the property should not contracts, or (3) the
or (2) Failing Perpetual Special interested during connected with the
within 3rd degree, office; 2) Not within initiation of such be forfeited. Provided, no petition is filed adjustment or voluntarily to issue DQ. incumbency. estate or the
or a close personal, discretion of enactments to within one year before a general election settlement of a receipt, as property in the
i.e. social, fraternal, official; 3) Official Congress. or within three months before a special accounts relating toprovided by law, for PC min, or Fine of appraisal,
employment act or profession. election. public property or any sum of money 200-1K, or Both distribution, or
- Separation of officer from Government funds; d) Intent to collected by him adjudication of
Definitions, Sec 7 SAL The Sec 8 Prima facie Sec 9 Penalties employment is not a bar to the filing of defraud the officially; or (3) - Arts 315-318 - Sufficient that which they had
Notes and accuracy of the evidence of and a) Secs 3,4,5,6 = petition: Provided, however, that it Government. Collecting or covers: appontive official acted;
Jurisprudence entries in SAL dismissal due to 6y1m - 15y IMP + prescribes after 4 years from date of receiving by way of 1) estafa, 2) other
has interest in any 3) Guardians and
becomes material unexplained wealth Perpetual DQ + separation, except as to those who have Penalty: payment or forms of swindling,
transaction of executors with
in criminal and Ground for admin Confiscation ceased to hold office within 10 years PC med - PM min, otherwise, things or 3) swindling a exchange or respect to the
adminsitrative suspension b) Sec 7 = <=1y6m prior to the approval of this Act (June 18, or Fine of 200-10K, objects of a nature minor, and 4) other
speculation, i.e. property belonging
proceedings for pending IMP, or Fine of 1K- 1955), after 4 years from approval or Both. different from that deceits. buying and selling to their wards or
violating Sec 7. investigation. 5K, or Both hereof. provided by law. stocks, hoping to the estate.
take advantage of
Sec 10 Competent Sec 12 Termination Sec 14 Exception Sec 6 Judgment If respondent unable to - Not necessary that - In Art 213(2)(a), - RTC has an expected rise or AMay med to PC
court - within of Office Not Gifts of satisfactorily prove lawful acquisition, the Gov't is actually mere demand jurisdiction when fall in price. min, or Fine of 200-
original jurisdiction allowed to resign, inisgnificant value property is forfeited in favor of the State. defrauded. consummates the this article is - Purchasing of 1K, or Both.
of Sandiganbayan retire pending or as ordinary token Provided, no judgment is rendered within - Consummated by crime. involved because stocks or shares in
(SB) investigation or of gratitude or 6 months before a general election or merely entering into - When there is MTCs have no a company is an - Actual fraud is not
prosecution for any friendship within 3 months before any special an agreement. deceit in jurisdiction to investment and is necessary.
Sec 11 Prescription offense under this according to local election. - Officers of BIR demanding greater impose the penalty not a violation.
15 years Act or for bribery customs or usage. Sec 11 Laws on acquisitive prescription and Customs, fees, estafa. of DQ. - What is prohibited
and limitation of actions cannot be excluded. is to regularly buy
invoked. securities for the
Sec 13 Suspension and loss of benefits Officer with pending - Aside from Art 213(2)(b), a collecting
Sec 12 Penalties - Any public officer who purpose of profiting
prosecution shall be suspended by RTC (now SB). If convicted, officer also violates Sec 113 Art III Chap
shall convey any unlawfully acquired by a resale thereof.
shall lose all retirement or gratuity benefits. If acquitted, shall V of the Nat'l Acct'g and Auditing Manual.
property: <=5y, or Fine <=10K, or Both. - Thus, appointive
be reinstated with salaries and benefits which he failed to - A tax collector who collects a sum
Same to be imposed upon any person officials should not
receive while being suspended. If convicted officer already larger than that authorized and spents it
who shall knowingly accept such devote himself to
received such benefits he shall restitute same. is guilty if two crimes: Malversation, and
conveyance. commerce.
- Maximum of 90 days. Dismissal of case != to acquittal. Illegal Exaction.

27
 Criminal Law II Compendium of Penalties Titles 4-7

Title Title Seven Crimes Committed By Public Officers

Art No/ Title 217 Malversation of public funds or property - Presumption of malversation. 218 Failure of 219 Failure of a 220 Illegal use of 221 Failure to 222 Officers
accountable officer responsible public public funds or make delivery of included in
to render accounts. officer to render property. public funds or preceding
accounts before property. provisions.
Offender 1) Appropriating 2) Taking or 3) Consenting, or by abandonment or 4) Being otherwise 1) Public officer, in leaving the country. 1) Public officer; 1) Failing to make 1) Private
public funds or misappropriating negligence, permitting any other person guilty of the the service or 2) There is public payment; individuals who, in
Acts Punished 1) Public officer;
property. the same. to take same. misappropriation or separated; fund or property 2) Refusing to any capacity, have
2) Accountable for
malversation of 2) Accountable for under his make delivery aftercharge of any
public funds or
same. public funds or administration. being ordered by national, provincial,
property;
property; 3) Such has been competent or municipal funds,
3) Unlawfully left
3) Required by law appropriated by law authority; revenue or property;
Elements a) Offender is a public officer; b) Had the custody or control of funds or property by reason of his office; (or be on the point
or regulations to or ordinance; 2) Administrator or
c) Those were public funds or property for which he was accountable; d) He appropriated, took, of leaving) PH
render accounts to 4) Applies the same 1) PO has depository of funds
misappropriated or consented or, through abandonment or negligence, permitted another to take them. without securing
COA, or to a to a public use Government funds or property
from COA a
provincial auditor; other than that for in his possession; attached, seized or
certificate showing
Modifying 1) PC med-max - amount <=200; in RA 10951: <=40K; Please note that All cases: + 4) Fails to do so which it has been 2) Obliged to make deposited by public
that his accounts
Circumstances 2) PM min-med - amount 200-6K; 40K-1.2M; the amounts in blue Perpetual Special two months after appropriated. payment from such; authority, even if
have been fully
3) PM max - RT min - amount 6K-12K; 1.2M-2.4M; are the new DQ, and Fine = to such accounts 3) Fails to pay privately owned.
Penalty settled.
4) RT med-max - amount 12K-22K; 2.4M-4.4M; corresponding amount malversed should be rendered. Resulted to maliciously.
5) RT max - RP - amount >22K; RT max: 4.4M-8.8M; malversed amounts or value of property damage: PC min, or AMay, and Fine of
AMay, or Fine of
--- RP: >8.8M as per RA 10951 embezzled. PC min, or Fine of Fine of 1/2 to the 5-25% of sum he
200-1K, or Both.
- Penalty same whether with malice or through negligence. 200-6K, or Both. total value of the failed to pay.
sum misapplied.
Definitions, - It is the nature of the duties of the PO, not name of office, that is controlling. - Demand for - Refusal must be - Purpose is to
Notes and - When a PO had no authority to receive money, and misappropriates same, the crim is estafa not accounting not If no damage: 5- malicious. extend the
Jurisprudence malversation. necessary, as long 50% of the sum provisions of the
- But when PO has (1) official custody, or the duty to collect and receive public funds or property due to as there is a law misapplied. Code on
the government, and (2) the obligation to account for them to the government, his misappropriation requiring same. malversation to
constitutes malversation. - Misappropriation Both cases + private individuals.
- If a subordinate PO, whose only responsibility is towards his superior, who is in turn accountable to the also not necessary. Temporary Special - Sheriffs and
government, takes or misappropriates public fund or property, the crime is theft, not malversation DQ receivers fall under
(Webster and Wickersham cases). the term
- But where the PO had the authority to receive money due to the Government, notwithstanding he had no Technical Malversation and - No technical administrator..
authority to disburse same, is liable for malversation when he misapproriates it. Malversation distinguished: malversation if - Judicial
- Private persons liable if in conspiracy with public officers. May also be liable under Art 222. 1) In both, offenders are public oficers; there is no law or administrators
- Government funds include revenue funds and trust funds (e.g. Red Cross, Boy Scouts funds). 2) In first, no personal gain or profit; in ordinance appointed to
- Private property may be involved as long as it is placed in the custody of accountable public officers. second, there is profit in certain cases; appropriating public administer estate
- In malversation not committed through negligence, lack of criminal intent, good faith is a defense. 3) In first, the fund is applied to another funds or property of a deceased not
- Conviction may be had even if there is no direct evidence of misappropriation because the shortage in public use; in second, it is for the for a particualr included. Could be
account that has not been able to be satisfactorily explained is prima facie evidence. personal use and benefit of offender or purpose. liable for estafa
- The return of the funds malversed is only mitigating circumstance similar and analogous to voluntary another. instead.
surrender (Art 13 par 7 in rel to par 10), not exempting. Because, (1) damage is not an element in - Private property
- Criminal intent is
malversation, and (2) payment does not extinguish criminal liability. included, provided it
not an element. The
- Once after discovery of shortage, the PO personally pays for it, he is not liable. is (1) attached, (2)
offense is a mala
- Previous demand not necessary. seized, or (3)
prohibita.
- May be complexed with falsification of a public document. deposited by public
- The penalty corresponds to the amount which the offender failed to account, even if some were authority.
recovered.

28
 Criminal Law II Compendium of Penalties Titles 4-7

Title Title Seven Crimes Committed By Public Officers

Art No/ Title 223 Conniving 224 Evasion 225 Escape of 226 Removal, concealment or 227 Officer 228 Opening of 229 Revelation of secrets by an officer. 230 Public officer
with or consenting through negligence. prisoner under the destruction of documents. breaking seal. closed documents. revealing secrets of
to evasion. custody of a person private individual.
not a public officer.
Offender 1) Offender is PO; 1) Offender is PO; Private person 1) Offender is a public officer; 1) Offender is PO; 1) Offender is PO; 1) Reveals any 2) Wrongfully 1) Offender is PO;
2) Had custody of 2) Charged with the 2) Abstracts, destroys, or conceals 2) Charged with the 2) Entrusted with secrets known to delivers papers or 2) Knows of secrets
Acts Punished 1) Offender is a
prisoner; conveyance or documents or papers; custody of papers any closed papers, offender by reason copies, of which he of a private person
private person;
3) Such prisoner custody of a 3) Same should have been entrusted to or property; documents, or of his official may have charge by reason of his
2) Conveyance or
escaped; prisoner; offender by reason of his office. 3) Such are sealed objects to his capacity. and which should office;
custody of a
4) There was 3) Such prisoner 4) There was damage to a third party or by proper authority; custody; not be published. 3) Reveals same
prisoner or a
connivance. escapes through public interest. 4) Breaks the seal 3) Opens or without authority or
Elements person under arrest 1) PO; 1) PO;
If escapee be (1) negligence. or permits it to be permits to be unjustifiable
is confided to him; 2) Knows a secret 2) Has charge of
convicted prisoner: Serious damage: PM, and Fine <=1K; broken. opened same; reasons.
3) Prisoner or through official papers;
PC med-max + Otherwise: PC min-med, and Fine <=1K; 4) Unauthorized.
person under arrest capacity; 3) Should not be
Temporary Special
escapes; 3) Reveals without published;
Modifying DQ max to AMay max - PC min 4) There was either Both cases: + Temporary Special DQ max PC min-med, Fine AMay, Fine <=2K + AMay, Fine <=1K
Circumstances Perpetual Special + Temporary to Perpetual Special DQ. <=2K + Temporary Temporary Special authority or 4) Delivers to third
consent or justifiable reasons; persons;
DQ, (2) detention: Special DQ Special DQ. DQ
Penalty negligence. - The document must be complete and 4) Damage be 5) Wrongful
PC min +
Temporary Special one by which a right could be established caused to public delivery;
DQ. or an obligation could be extinguished. interest. 6) Damage be
- Papers includes checks, promissory caused to public
notes, and paper money. interest.
Definitions, - Connivance is an - What is punished - Penalty is next - Post office official who retained mail - The public officer - Custody means Damage be serious: PC med-max, Fine - Revelation to one
Notes and indispensable is such a definite lower in degree without forwarding same to its liable is the one guarding or keeping <=2K + Perpetual Special DQ; person is sufficient.
Jurisprudence element. laxity as all but than that destination is liable. who breaks the seal safe; care. Otherwise: PC min, Fine <=500 + - When offender is
- Release of amounts to prescribed in Arts - If culprit is not an officer or employee of without authority to - If in opening Temporary Special DQ. an attorney-at-law,
detention prisoner deliberate non- 223-224. the Bureau of Posts, punished under Sec do so. closed papers or Art 209 applies.
who could not be performance of Thus, if private 2756 of the Revised Admin Code with - Damage or intent object, a seal is -Secrets must affect public interest. - Damage to private
delivered to judicial duty on the part of person violates: <=1y IMP, Fine <=1K, or Both. to cause damage is broken, Art 227 Those of private persons, not included. person not
authority in due the guard. (1) Art 223, and - May be committed through (1) not necessary. applies. necessary.
time not liable. prisoner is convict: removing, (2) destroying, or (3) - Contents need not - Damage or intent
- Leniency or laxity AMay max - PC concealing documents or papers. be tampered to be to cause damage is - Espionage not
- The fact that - Offender must
not infidelity. officer recaptured min, or is detention: - Removal must be for illicit purpose with liable under Art not an element. contemplated in have charge,
- Relaxation of AMay max; the intent to (1) tamper with it, (2) profit 227.
prisoner does not this article. control or custody.
imprisonment is (2) Art 224: AMay by it, or (3) commit an act constituting a
free him from - Punishes minor - Mere entrustment
infidelity. min-med breach of trust.
liability. official betrayals, not liable.
- Under RA 9372 - Destruction or concealment does not
infidelities of little
(Human Security require proof of illicit purpose.
consequence,
Act of 2007): - Delivering document to the wrong party
affecting usually
(1) if prisoner be is infidelity in the custody thereof.
the administration
convict: 12y1d-20y of justice, executive
- Rodillas v SB: - Not applicable if
IMP; (2) detention: or official duties, or
Accused allowed private person
6y1d-12y IMP. the general interest
prisoner to go to CR made the arrest
without securing and he consented of public order.
first for possibility to the escape.
of escape.

29
 Criminal Law II Compendium of Penalties Titles 4-7

Title Title Seven Crimes Committed By Public Officers

Art No/ Title 231 Open 232 Disobedience 233 Refusal of 234 Refusal to 235 Maltreatment 236 Anticipation 237 Prolonging 238 Abandonment 239 Usurpation of 240 Usurpation of
disobedience. to order of superior assistance. discharge elective of prisoners. of duties of a public performance of of office or legislative powers. executive
when suspension office. officer. duties and powers. position. functions.
thereof disapproved.

Offender 1) Offender is a 1) Offender is a PO; 1) Offender is a PO; 1) Offender is 1) Offender is a PO; 1) Offender entitled 1) Offender is 1) Public officer; 1) Offender is a 1) Offender is a
judicial or 2) Order issued by 2) Demanded by elected to office; 2) In charge of a to hold office; holding public 2) Formally resigns; judicial or judge;
Acts Punished
executive officer; his superior for competent 2) Refuses to be prisoner; 2) Law requires he office; 3) Resignation not executive officer; 2) He (a) assumes
2) There is a execution; authority to lend his sworn in or 3) Maltreats such first be sworn in 2) Term already yet been accepted; 2) He (a) makes a power pertaining
judgment, decision 3) He suspends cooperation discharge duties; either: and/or should give expired; 4) Abandons office general rules or to executive
or order of a execution for any towards the 3) No legal motive. a) Overdoing a bond; 3) Continues to to the detriment of regulations beyond authorities, or (b)
superior; reason; administration of correction or 3) Assumes office; exercise duties and
public service. the scope of his obstructs the
Elements 3) Such was made 4) Superior justice or othe AMay, or Fine handling either by 4) Has not yet powers of such Penalty: AMay authority, or (b) executive in the
within scope of disapproves such rpublic service; <=1K, or Both. (1) imposing complied with No. office. - If reason is to attempts to repeal lawful exercise of
jurisdiction and suspension; 3) Fails to do so punishments not 2. evade discharge of a law, or (c) their powers.
legally issued; 5) He disobeys maliciously. authorized by PC min, Fine <=500 duties of suspends the
Modifying 4) Offender openly despite disapproval Serious damage: regulations, or (2) Suspension, Fine of + Temporary preventing, execution thereof. AMay med - PC
Circumstances refuses to execute of the suspension. AMay med - PC inflicting 200-500. Special DQ prosecuting, or min.
without any legal min, Fine <=1K, punishments in a - Includes PO punishing crimes
Penalty justification. PC min-med + Perpetual Special cruel and suspended, (1) in Title 1, and PC min, Fine <=1K
To be reinstated + Temporary
Perpetual Special DQ; Otherwise: humiliating manner; after complying No separated, Chap 1 Title 3 = PC
AMay med - PC DQ AMay med-max, or b) to extort a overaged, min-med, or (2) any Special DQ.
2.
min, Fine <=1K + Fine <-500. confession or to dismissed. other crime: AMay
Temporary Special obtain some
Definitions, DQ max - Refusal to abide - There must be information. - There must be a
Notes and by disapproval of direct demand from written or formal
Jurisprudence suprior undertakes competent Base Penalty: PC resignation.
to dictate to his authority. med - PM min +
superior. - There must be Liability for the
- Does not apply if damage to the physical injuries or
order is illegal. public interest or damage caused.
- Subordinate who third party.
obeys such illegal
order may be held If purpose to
criminally liable (Art extort: PM min,
11 par 6). Fine <=6K +
Temporary Special
DQ + Liability for
the physical injuries
or damage caused.

- If due to personal
grudge of jailer, not
liable. Only
physical injuries.
- Separate and
distinct from
physical injuries.

30
 Criminal Law II Compendium of Penalties Titles 4-7

Title Title Seven Crimes Committed By Public Officers

Art No/ Title 241 Usurpation of 242 Disobeying 243 Orders or 244 Unlawful 245 Abuses RA 7080 Plunder Law (as amended by RA 7659) RA 6713 Code of Conduct and Ethical
judicial functions. request for requests by appointments. against chastity - Standards For Public Officials and
disqualification. executive to Penalties. Employees
judiciary.
Offender 1) Offender is an 1) Offender is PO; 1) Offender is an 1) Offender is a PO;1) Offender is a PO; 1) Offender is a Court of Proper Jurisdiction Sec 4. Norms of Conduct:
executive officer; 2) Proceeding executive officer; 2) Nominates or 2) Solicits or makes public officer; Organo v Sandiganbayan declared that (a) Commitment to public interest;c
Acts Punished
2) He (a) assumes pending before him; 2) Addresses any appoints a person immoral or indecent 2) Committed a the Sandiganbayan has no jurisdiction (b) Professionalism;
judicial powers, or 3) Question brought order or suggestion to public office; advances to a series of overt acts; over the crime of plunder unless (c) Justness and sincerity;
(b) obstructs the before proper to any judicial 3) Such lacks the woman; 3) By himself or in committed by public officials and (d) Political neutrality;
execution of any authority regarding authority; legal qualifications3) Such woman connivance with employees with SG 27 or higher under RA (e) Responsiveness to the public;
order or decision his jurisdiction, 3) Such relates to thereof; must be: relatives and/or 6758 in relation to their office. (f) Nationalism and patriotism;
Elements rendered by any ehich has not yet any case or 4) Offender knows a) interested in cronies; Rodrigo v Sandiganbayan explained that (g) Commitment to democracy;
judge within his decided. business within the such deficiency. matters pendng 4) Of which he has intent of Congress in RA 8249 was to (h) Simple living. - living within one's
jurisdiction. 4)Then lawfully exclusive before the offender; amassed a wealth make SG27 the demarcation line means.
required to halt jurisdiction of the b) under the of at least P50M; determining the jurisdiction of SB and
Modifying proceedings; judiciary. custody of the 5) Which are other courts. Sec 5. Duties
Circumstances 5) Continues offender who is a deemed ill-gotten. Penalty: RP to Death (a) Act promptly on letters and requests -
anyway. gahi ulo warden or of similar Respond within 15 working days, with the
Penalty AMay med - PC AMay, Fine <=500. AMay, Fine <=1K. position and duty; Rule of Evidence
min. There is no need to prove beyond reasonable doubt each of action taken.
AMay, Fine <=500. c) the wife, (b) Submit annual performance reports -
daughter, sister, or the alleged act. What is important is to prove a series of
pattern that led to the accumulation of at least P50M in ill- Heads to submit within 45 working days
relative within the fom year end.
same degree of gotten wealth.
(c) Process documents and papers
Definitions, - Disobedient PO is - Nominate is affinity of the Sec 1. Definition of Terms expeditiously - reasonable time, not more
Notes and liable, even if the different from person in the Public officer - any person holding any public office in the than 3 signatories.
Jurisprudence jurisdictional recommending, the custody of Government of RP by virtue of an appointment, election or (d) Act immediately on the public's
question is resolved latter not included offender. contract. personal transactions
in his favor. herein. Government - includes the National Gov, and any of its (e) Make documents accessible to the
- There must be a PC med-max + subdivisions, agencies or instrumentalities, including GOCCs public.
law providing the Temporary Special and their subsidiaries. Sec 7. Prohibited Acts and Transactions
qualifications of a DQ Ill-gotten wealth - any asset, property, business enterprise or (a) Financial and material interest;
person to be material possession acquired directly or indirectly through (b) Outside employment - continue to
nominated or - If case false in 3 dummies, nominees, agents, subordinates and/or business apply 1 year after separation from
appointed to public (c) = PC min-med + associates by any combination or series of the following: service.
office. Temporary Special 1) Misappropriation, conversion, misuse, or malversation or (c) Disclosure and/or misuse of
DQ. raids on the public treasury; confidential information.
2) By receiving any commission, gift, share, percentage, (d) Solicitation or acceptance of gifts.
- Solicit is to kickbacks, or equity in connection with any government Sec 8. Statements and Disclosures
propose earnestly contract or project or by reason of the office. (a) SALN
and persistently. 3) Illegal or fraudulent conveyance or disposition of (b) Identification and disclosure of
government assets. relatives
4) Obtaining, receiving or accepting any shares of stock, equity Sec 9. Divestment
- Consummated by
or any other form of interest or participation including the When conflict of interest arises, resign
mere proposal.
promise of future employment; from private work within 30 days from
- Proof of
5) Establishing monopolies or combinations and/or assumption of office and/or divest
solicitation not
implementation of decrees and orders intended to benefit himself within 60 days.
necessary when
particular persons or special interests.
there is sexual
intercourse.

31
 Criminal Law II Compendium of Penalties
Title Title Eight Crimes Against Persons
Art No/ Title 246 Parricide
Offender Any person
Acts Punished 1) A person is killed;
2) Deceased is killed by the accused;
3) Deceased is:
a) the father mother, or child, regardless
Elements of legitimacy; or
b) a legitimate other ascendant,
descendant or spouse of accused.
Modifying Relationship of the offender with the
Circumstances victim is the essential element.
Penalty - RP to Death
- Illegitimate embraces all children born cannot enter into a conditional plea of guilty and be sentenced
out of wedlock: (a) adulterine, (b)
incestuous, and (c) sacrilegious.
Definitions, - Only relatives by blood may be
Notes and legitimate or illegitimate. Thus, an
Jurisprudence adoptive father or adopted son is not
included in this provision.
- In case of parricide of spouse, marriage - Does not require the parent to be legitimate.
certificate is the best proof of
relationship. However, oral evidence as
proof of marriage not objected to is
acceptable.
- Testimony of the accused that he was
married to the deceased was an
admission against his penal interest. It
was a confirmation of the semper
praesumitur matrimonio.
- Relationship must be alleged in the
information. Otherwise, it may only
aggravate the crime.
- Parricide through reckless imprudence awith another man, he did not kill her on that account. Thus, he
punished by AM max - PC med. If
committed through negligence, the
penalty is AM med-max.
- There is parricide by mistake wherein
Article 49 applies as regards the penalty Abarca)
to be imposed.
- The law does not require knowledge of killer from the vicinity and to protect him or her from acts of
relationship.
247 Death or physical injuries under exceptional
circumstances
1) A legally married person or a parent surprises his spouse orAny of the following circumstances are present (Aggravating)
his daughter, the latter under 18 years of age and living with 1) Treachery (16), taking advantage of superior strength (15),
him, in the act of committing sexual intercourse with another. with the aid of armed men (8), or employing means to weaken
2) He or she kills, or inflicts any serious physical injuries upon
any or both, in the act or immediately thereafter.
3) He has not promoted or facilitated the prostitution of his 2) In consideration of a price, reward, or promise (11);
wife or daughter, nor has consented to the infidelity of the
spouse.
Penalty: Destierro
Any other physical injuries: Exempt
- Article 247 does not charge a distinct crime. The accused
immediately to destierro. Circumstances surrounding the
killing must be presented and be received by the court as
evidence.
- The law contemplates of legal marriage only.
- PP v Corzaon Cortez entitles wives to the benefits of this
article.
- If daughter is married, only the husband can claim the
benefits of this article.
- Surprise means to come upon suddenly and unexpectedly.
- A husband who, upon arriving home and seeing a man jump
out of the window, killed his wife who was begging him to
pardon her, is guilty of parricide. (Pp v. Marquez)
- It is enough that the husband suprises them under such
circumstances as to show reasonably that the carnal act is
being committed or has just been committed. (Pp v Gonzales)
- The killing must be the direct by-product of the accused's
rage. (Pp v. Abarca)
- It appearing that although appellant found his wife on bed
is guilty of parricide. (Pp v. Rabandaban)
- Inflicting death under exceptional circumstances is not
murder. Therefore, the accused cannot be held liable for
injuries sustained by third persons as a result thereof. (Pp v.
- Penalty of destierro not intended as penalty but to remove the
reprisal principally by relatives of the deceased. (Pp v. Lauron)
248 Murder
the defense (15), or of means or persons to insure or afford
immunity (8);
3) By means of inundation, fire, poison, explosion, shipwreck,
stranding of a vessel, derailment or assault upon a railroad, fall
of an airship (12), by means of motor vehicles, or with the use
of great waste and ruin (20);
4) On occassion of any of the preceding, or of an earthquake,
eruption of a volcano, destructive cyclone, epidemic or other
public calamity (7);
5) Evident premeditation (13);
6) With cruelty (21), by deliberately and inhumanly augmenting
the suffering of the victim, or outraging or scoffing at his
person or corpse (not in Art 14).
- Penalty of RP to Death.
- Should not be parricide nor infanticide.
- Murder, only when there is actual design to kill.
- Defendant is guilty of murder if attended with treachery
although there was no intent to kill, based on Art 4 par 1. (Pp v.
Cagoco)
Rules for the application of circumstances to qualify murder
(a) Only one of the circumstances required; others considered
as generic aggravating;
(b) When the other circumstances are absorbed or included in
the one that qualifies, they cannot be considered as generic
aggravating;
(c) Any of the qualifying circumstances must be alleged.
Otherwise, the crime is only homicide with the qualifying only
considered as generic aggravating.
- When an adult attacks a child of tender years and causes his
death, treachery exists. (Pp v. Valerio)
- Accused covered his face with handkershief before
committing the killing, liable for murder.
- Setting fire to an automobile, without intent to kill the
passenger, is only homicide. (US v Burns)
- Treachery and evident premeditation inherent in murder by
poison.
- Outraging is to commit an extremely vicious or deeply
insulting act; Scoffing means to jeer, shows irreverence.
Titles 8-9
249 Homicide
1) A person was killed;
2) Without any justifying circumstance;
3) With intention to kill, which is
presumed;
4) Not murder, parricide, nor infanticide.
- Penalty: RT;
- When victim is under 12 years of age:
RP (Sec 10 RA 7610);
- Intent to kill is conclusively presumed
when death resulted. (US v Gloria)
- Evidence of intent to kill important only
when homicide not consummated.
- Intent is shown by (1) the kind of
weapon used, and (2) the parts of the
body aimed at.
- Exception: inflicting physical injuries,
caused indiscriminately, liable only for
physical injuries (Pp v. Penesa)
- The refusal of the deceased to be
operated on does not relieve the
offender of criminal liability for his
death. (Pp v. Sto. Domingo)
- There is no frustrated homicide through
imprudence, only physical injuries
through reckless imprudence. Intent is
incompatible with imprudence. (Pp v.
Castillo, et al)
- Where the wounds that caused death
were inflicted by two different persons,
even if they were not in conspiracy, each
one is guilty of homicide. (Pp v. Bool, et
al)
- A shot B with a revolver. Feeling
hopeless, he cut his throat and died five
minutes thereafter. A is guilty of
homicide for contributing to the event.
(Pp v. Lewis)
- Use of unlicensed firearm aggravating
in homicide as per RA 8294 amending PD
1866.
- Corpus delicti requires (1) the fact of
death, and (2) identity of the victim.
32
 Criminal Law II Compendium of Penalties Titles 8-9

Title Title Eight Crimes Against Persons

Art No/ Title 250 Penalty for 251 Death caused in a tumultuous 252 Physical 253 Giving 254 Discharge of 255 Infanticide. 256 Intentional 257 Unintentional 258 Abortion by
frustrated parricide, affray injuries inflicted in assistance to firearms. abortion. abortion. woman or her
murder, or a tumultuous suicide. parents.
homicide affray.
Offender - Courts may 1) There be several persons; 1) There is a 1) By assisting Any person Any person 1) Using violence 1) There is a 1) There was an
impose a penalty 2) Did not compose groups organized for tumultuous affray; another to commit against a pregnant pregnant woman; abortion;
Acts Punished 1) Discharges a 1) Child was killed;
two degrees lower the common purpose of assaulting and 2) There are those suicide, whether it woman (RT). 2) Violence is used 2) It was intended;
firearm against or 2) Less than 72
for frustrated attacking each other reciprocally; who suffered is consummated 2) Without violence without intending 3) Caused by -
at another; hours of age;
parricide, murder, or 3) Quarreled and assaulted one another serious or less (PM) or not (AMay and without an abortion; a) the woman
2) No intention to 3) Accused killed
homicide. in a confused and tumultuous manner; serious physical med-max); consent of the 3) Violence herself (PC med-
Elements kill. child;
- This is permissive, 4) Someone was killed; injuries only; 2) By lending his woman (PM). intentionally max); for
not mandatory. 5) It cannot be ascertained who actually 3) Those assistance to 3) With consent (PC exerted; concealing her
Penalty: PC min- - Penalty is that for
- Courts may killed the deceased; responsible can not another to commit med-max). 4) Fetus dies. dishonor (PC min-
med parricide or murder.
impose a penalty 6) Those who inflicted serious physical be identified; suicide to the med)
- Concealing
Modifying three degrees injuries or who used violence : 4) Those that have extent of doing the - If the firearm is a) There is a - PC min-med. b) other person
dishonor mitigates
Circumstances lower for attempted a) can be identified. - PM; used violence upon killing himself (RT). not discharged at a liability for the pregnant woman; - Violence employs with her consent
parricide, murder, or b) cannot be determined - PC med-max. the offended party person, there is no mother (PM med- b) Violence exerted, actual physical (PC med-max); or
Penalty - For act no 2, the
homicide. are known. illegal discharge. or drugs or force. c) any of her
penalty is one or max) and maternal
Illustrations - Discharge towards grandparents (RT). beverages - Can be committed parents, with her
two degrees lower
- Where the Penalties: the house of victim administered, or through reckless consent, for
depending on the
defendant had Serious - one is not illegal acts upon the imprudence. (Pp v. concealing her
Definitions, - Tumultuous affray exists when at least stage of suicide. - Delinquent mother
good reason to be degree lower; discharge. (Pp. v. woman; Jose) dishonor (PC med-
Notes and four persons took part; - Does not who claims
jealous of his wife Less serious - Cupin) c) As a result, fetus - In Pp v. Carnoso, it max).
Jurisprudence and attempted to - The accused and their companion were distinguish and concealing
AMay of 5-15 days. - Indiscriminate dies; was held that
united in their common purpose to make reference to dishonor must be
kill her under the firing against the d) Abortion is knowledge of Three cases,
attack, thus, the crime committed is the relation of the of good reputation.
influence of - Injured party must house of the intended. pregnancy is namely:
homicide not death caused in a offender with the - Stranger who
resulting passion be one or some of offended party is necessary. This 1) Committed by
tumultuous affray. (US v Tandoc) one committing cooperates is also
(Pp v. Villanueva) the participants in only alarm under - Abortion is the was overruled in US the woman or by
- There is no crime of death in a suicide. Thus, guilty of infanticide,
- In view of the the affray, unlike in Art 155. (Pp v. willful killing of the v Jeffrey. anoy other person
tumultuous affray if the quarrel is penalty would be but the penalty is
nature of the Art 251. Hinulan) fetus in the uterus, - In fact, Art 257 can with her consent (p
between two well-known groups. (Pp v. the same. that for murder. (US
wounds inflicted - If the one who - Purpose is to or the violent be committed 1).
Corpus) - A person who v. Aquino)
upon the injured caused the injury is intimidate, there expulsion of the through reckless 2) Abortion by the
- The person killed in the course of the attempts to commit - The child must be
party which were known, Arts 263, must be no intent fetus from the imprudence without woman to conceal
affray need not be one of the participants suicide is not born alive and can
cured in less than a 265 and 266 apply. to kill. maternal womb knowing the victim her dishonor (p 2).
in said affray. criminally liable.
month (Pp v. - In providing the
- A pregnant - No intent to kill by sustain an which result in its was pregnant. 3) Abortion by any
Poblete) - If the one who inflicted the fatal wound penalty of arresto the distance of 200 independent life. death. - There is a of the parents with
is known, the crime is homicide under Art woman who Otherwise, no
- An attempt on, or mayor from 5 to 15 meters. (Pp v. - Term of fetus complex crime of the woman's
249, not under Art 251. attempts to commit infanticide. (US v.
conspiracy against days for physical Agbuya) immaterial. homicide with consent to conceal
Who are liable? suicide by taking
the life of the injuries of a less
poison, but instead - There is intent by Vedra) unintentional her dishonor (p 3).
President, his 1) Those who inflicted serious physical serious nature in a the firing of - A foetus about six - Woman is liable abortion. (Pp v. - There is no
injuries; of dying, expels the months old cannot
family, member of tumultuous affray, successive shots. under Art 258 if she Genoves), and mitigation for the
2) If (1) not determined, all those who foetus, is not liable
cabinet or that of the legislature
for abortion. She is (Pp v. Kalalo, et al) subsist by itself. consented. parricide with IA parents of the
his family is used violence upon the victim. intended to exclude - May be complexed (Pp v. Detablan) - It is abortion when (Pp v. Villanueva). pregnant woman
- After a free-for-all fight, one of the also not liable for
punishable by slight physical with serious or less the fetus was - No intention to even if the purpose
participants died the next day. (Pp v. unintentional
death (PD 1110-A) injuries. serious physical expelled and could cause abortion + was to conceal
Dacanay) abortion since it
injuries. (Pp v. not sustain No violence = No dishonor.
was not caused by
Arquiza) independent life abortion
violence.
outside the womb.

33
 Criminal Law II Compendium of Penalties Titles 8-9

Title Title Eight Crimes Against Persons

Art No/ Title 259 Abortion by 260 Duel. 261 Challenging 262 Mutilation. 263 Serious physical injuries. 264 Administering 265 Less serious
physician or midwife to a duel. injurious physical injuries.
and dispensing of substances or
abortives. beverages.
Offender Physician/midwife 1) Killing one's 1) Challenging 1) Castration - If in consequence of the physical injuries inflicted, injured person shall: 1) Offender inflicted1) Incapacitated for
1) There was an adversary in a duel; another to a duel; depriving another, upon another any labor for 10-30
Acts Punished 1) become insane, imbecile, impotent or 3) have become deformed, or have lost
abortion'; (RT) 2) Inciting another either totally or serious physical days; or needs
blind any other body part, or the use thereof,
2) It was intended; 2) Inflicting to give or accept a partially, of some injury; medical attendance
2) have lost the use of speech or the or have been ill or incapacitated to
3) The physician or physical injuries challenge to a duel; essential organ for 2) By knowingly for same period.
power to hear or to smell, an eye, a hand, perform the work he was habitually
midwife caused the upon such 3) Scoffing at or reproduction. (RT administering any 2) Injuries not those
Elements a foot, an arm, or a leg, or lost the use of engaged in for more than 90 days.
abortion; adversary; (Penalty decrying another to RP) injurious described in Art
any such principal member, or have 4) have become ill or incapacitated for
4) Takes advantage according to the publicly for having 2) Mayhem - substances or 263-264.
become incapacitated for the work he labor for more than 30 days.
of her scientific skill nature) refused to accept lopping or clipping beverages or by Penalty: AMay
was habitually engaged.
or knowledge. 3) Making combat the challenge. off any other part of taking advantage of Qualified:
Modifying Penalty: Maximum although no the body. (PM med-Par 1: PM Par 2: PC med-max Par 3: PC min-med Par 4: AMay max - his weakness of (1) Plus Fine
Circumstances of Art 256 physical injuries max) PC min mind or credulity. <=500: (a) manifest
have been inflicted. 3) No intent to kill.intent to insult or
Penalty PC min Elements of Qualified: Qualified: Qualified: Qualified:
Pharmacists (AMay) - Penalties offend; (b)
castration Par 1: RT med-max Par 2: PC max - PM Par 3: PC med-max Par 4: PC min-med
1) Offender is a established in Art ignominy;
1) There is min
pharmacist; 263 applies. (2) PC min-med:
mutilation of penis
2) No proper victim is either (a)
Definitions, - Duel is a formal or - A challenge to or ovarium. - Qualifying Circumstance: (1) Against any of the persons mentioned in Art 246 - If the offender had parent, ascendant,
prescription from
Notes and regular combat fight, without 2) It was (parricide); or (2) with any of the attending circumstance for murder (Art 248). any intention to kill, guardian, curator,
physician;
Jurisprudence 3) Dispenses any previously contemplating a purposeful and - Qualifying circumstance not applicable to a parent who shall inflict physical frustrated murder, teacher; or (b)
concerted between duel, is not deliberate, to injuries upon his child by excessive chastisement. as the injurious
abortive. persons of rank or
Penalty: AMay + two parties in the challeging to a duel. deprive the - Committed through (1) wounding, (2) beating, (3) assaulting, or (4) administering substance is in authority,
presence of two or Persons offended party of injurious substance (Art 264). considered as
Fine <=1K. provided it is not
more seconds of responsible reproducing. - May be committed by reckless imprudence or by simple imprudence or negligence poison. direct assault.
lawful age on each 1) challengers; and under Art 365 in relation to Art 263. There must be no intent to kill. - Knowledge that
side, who make the 2) instigators the substance
- It is not necessary selection of arms - Moved by hatred, - Mutilation means Par 1 - Impotence Par 2 - Loss of Par 3 - If loss of 3 fingers resulted to the administered is - Medical
that the pharmacist and fix all other the accused the lopping or the means inability to power must be of loss of use of the hand, par 2 applies. injurious, essential. attendance or
knows that the conditions of the challenged the clipping off of copulate. Properly both ears. Otherwise - Deformity means (a) physical ugliness, - Throwing mordant incapacity is
abortive would be fight. offended party to a some part of the used of the male, under par 3. (b) permanent and definite abnormality . chemicals or required.
used to cause an - Seconds are duel, inciting the body. synonymous to - Loss of use of Must be (c) conspicuous and visible. poison on the face - If injuries cured in
abortion. accomplices. latter by uttering: - Putting out of an sterility. hand or incapacity - Loss of one tooth which impaired or upon the body, 20 days, w/o
- What is punished - The Code "Come down, let us eye, not mutilation. - If victim under 12 for usual work must appearance is deformity. (Pp v. Lagrosas) not contemplated medical attendance,
is the dispensing of disregards the measure your (US v. Bogel) years of age, RP. be permanent. - Loss of the lobule of the ear is in this article. (US v. slight physical injury.
abortive without intent to kill in prowess..." The - Mayhem deformity. (US v. Manaul) Chiong Songco). - If it took 2 months
prescription. considering the latter refused to punishable by RP - When the category depends on the - Medical attendance not important. (Pp - Does not apply to cure, serious
- If there was penalty when only come down and when victim is period of illness or incapacity, evidence v. Obia) when the physical physical injury
knowledge, he physical injuries are accept the under 12 years of such as medical certficate must be - The term work includes studies or injuries are less under Art 263 par 4.
would be an inflicted. challenge. This is age. (Sec 10 RA supplied. Otherwise, offense is only preparation for a profession. serious or slight. - There must be
accomplice in the - If slight physical not challenging to a 7610) slight physical injuries. Par 4 - Does not refer to usual labor, or - Weakness of mind proof as to the
crime of abortion. injuries inflicted, duel, but only light - If it is not - Serious physical injuries by excessive that which the victim is habitually or credulity may period of the
- Not necessary the Par 2 applies, threats under Art purposeful or chastisement by parents are not engaged. take place in the required medical
abortive was AMen. 285, par 2 (Pp v. deliberate, it may qualified. - Lessening of efficiency due to injury is case of witchcraft, attendance. (Pp v.
actually used. Tacomoy) fall under Art 263. not incapacity. (US v. Bugarin) magnetism, etc. Penesa)

34
 Criminal Law II Compendium of Penalties Titles 8-9

Title Title Eight Crimes Against Persons

Art No/ Title 266 Slight RA 9262 Anti-Violence Against Women and Their Children 266-A Rape. When and how committed.
physical injuries Act of 2004 266-B Penalties.
and maltreatment.

Offender 1) Incapacitated - Violence against women and their children refers to any act 1. Ordinary Rape Qualifying 2. Object Rape Qualifying
offended party for or a series of acts committed by any person against:
Acts Punished Penalty is RP when: RP to Death when: a) with the use of a deadly weapon or by at Penalty is PM: a) with the use of a
labor from 1-9 days, (1) a woman who is his wife, former wife, or with whom he has
1) Offender is a least 2 persons; b) the victim has become insane; 1) Offender deadly weapon or
or required medical or had a sexual or dating relationship, or with whom he has a
man; c) special complex crime of attempted rape with homicide; commits sexual by at least 2
attendance during common child; or
2) Had carnal Death when: a) special complex crime of rape with homicide. assault; persons; PM to RT
same period; (2) the woman's child regardless of legitimacy, within or
Elements knowledge with a b) with any of the following: 2) Committed by b) the victim has
(AMen) without the family abode.
woman; 1) victim is minor and the offender is a parent, ascendant, inserting (a) his become insane; RT
2) Did not prevent which result in, or is likely to result in:
3) Accomplished: step-parent, guardian, relative within the 3rd civil degree, or the penis into another's c) special complex
offended party from A. Physical violence - bodily harm;
(a) using force or common law spouse of the parent. mouth or anus; or crime of attempted
his habitual work or B. Sexual violence - includes (a) rape, acts of lasciviousness,
intimidation; (b) 2) under the custody of the police, military or any law (b) any instrument rape with homicide;
Modifying did not require treating as sex objects, making demeaning sexual remarks,
when the woman is enforcement agency or penal institution. or object into the RT to RP
Circumstances medical forcing to watch obscene publications or shows, forcing to do
deprived of reason, 3) in full view of the spouse, parent, child, or other relatives genital or anal d) special complex
attendance. (AMen indecent acts and/or make films, forcing the wife and mistress
Penalty or unconscious; (c) within the 3rd degree of consanguinity. orifice. crime of rape with
or Fine <=200 and to sleep in the conjugal home with the abuser; (b) causing or
through fraudulent 4) offender knows victim as religious; 3) Accomplished: homicide. RP
Censure); attempting to cause the victim to engage in any sexual activity
machination or 5) victim is below 7 years old; (a) using force or e) any of the 10
3) Ill-treatment of coercively; (c) prostitution.
grave abuse of 6) offender knows he has HIV/AIDS or other STD and intimidation; (b) qualifying of par 1.
another by deed C. Psychological violence - acts or omissions causing or likely
Definitions, authority; or (d) transmits to victim; when the woman is RT
without causing any to cause mental or emotional suffering.
Notes and when woman is 7) offender belongs to AFP, PNP, para-military, other law deprived of reason,
injury. (AMen min D. Economic abuse - acts that make or attempt to make a
Jurisprudence or Fine <=50) under 12 years of enforcement agency or penal institution and takes advantage or unconscious; (c) - There is no
woman financially dependent, including (a) withdrawing
age (statutory rape)of position. through fraudulent frustrated rape. (Pp
finacial support or preventing from engaging in any legitimate
or demented. 8) permanent mutilation/disability; machination or v. Orita)
Under par 2: profession, (b) depriving or threat of depriving of financial
9) offender knows victim is pregnant; grave abuse of - Character of
Contusion on the resources and the right to use and enjoy the common property,
- aka Rape by 10) offender knows victim has mental disability, emotional authority; or when offended woman is
face or black eye (c) destroying household property, (d) controlling the victim's
sexual intercourse. disorder and/or physical handicap. woman is under 12 immaterial. (Pp v.
produced by fistic own money or properties.
years of age or Blanco)
blow.
Acts and Penalties - Slightest - It is sufficient that the date of commission alleged is as near demented. - Rape with
- In the absence of
a) Causing physical harm - prescribed by RPC; penetration as possible to the actual date. homicide may be
proof as to the
b) Threatening to cause harm - 2 degrees lower, not < AMay; enough. Proof of - Verbal refusal alone not enough. There must be physical - aka Rape through committed even if
period of incapacity
c) Attempting to cause harm - AMay; emission not struggle, taxing her powers to the utmost. (Pp v. Lago) sexual assault. the deceased was
or medical
d) Placing in fear of imminent physical harm - AMay; necessary. - The force need not be irresistible. (Pp v. Momo) - Digital rape, or by not the rape victim.
attendance, crime
e) Controlling or restricting conduct - PC; - Penis indeed - Force or violence is relative, depending on the age, size, inserting one's - When victim dies
is slight physical
f) Inflicting or threatening to inflict harm on self to control touched the labia. strength of the parties and their relation to each other. (Pp v. finger is sexual of STD, rape with
injuries.
actions or decisions of victim - AMay; - Otherwise, only Savellano) assault. homicide.
- Ill-treatment:
slapping the face g) Causing or attempting to cause for the victim to engage in attempted rape, or - Test is whether the threat or intimidation produces a
without causing a any sexual activity that is not rape, by force or intimidation that acts of reasonable fear in the mind of the victim. (Pp v. Las Pinas, Jr.) Three principles:
dishonor. may be directed to his/her immediate family - PM; lasciviousness. - The law does not impose upon the victim the burden of 1) accusation difficult to prove but more
- Supervening event h) Purposefully causing psychological distress through (1) - Broken hymen not proving resistance. (Pp v. Sending) difficult for the accused to disprove.
may elevate charge stalking, (2) peering in the window, (3) entering or remaining in essential element. - Enough that intimidation produces fear. (Pp v. Tabugoca) 2) testimony to be scrutinized with
from slight to the dwelling against the victim's will, (4) destroying property or - Material facts is - Moral acsendancy or influence, held to substitute for the extreme caution;
serious physical harming the pets, (5) any form of harrasment or violence. - PM; the occurrence of element of physical force or intimidation. In cases herein, 3) evidence for prosecution must stand
injury without i) Causing mental or emotional anguish through repeated rape, not the time determined resistance not necessary. on its own merits, and not rely on
double jeopardy. verbal abuse and denial of finacial support or custody of minor of commission. - Uncorroborated testimony of woman enough. Must be weakness of defense's.
child or access to the woman's child - PM conclusive, logical and probable.

35
 Criminal Law II Compendium of Penalties Titles 8-9

Title Title Eight Crimes Against Persons Title Nine Crimes Against Personal Liberty and Security
Art No/ Title Rape (continued) 266-C Effect of 267 Kidnapping and serious illegal detention. 268 Slight illegal 269 Unlawful 270 Kidnapping
Pardon. 266-D detention. arrest. and failure to return
Presumptions. a minor.

Offender Indemnity and - Marriage 1) Offender is a private individual; - Maximum penalty of Death: 1) Offender is a 1) Offender arrests 1) Offender is
Damages extinguishes penal 2) Kidnaps or detains another, depriving the latter of his liberty; 1) if the purpose is to extort money; private individual; or detains another; entrusted with the
Acts Punished
- Civil indemnity is action and penalty 3) Act is illegal; 2) victim is killed or dies as a 2) Kidnaps or 2) Purpose is to custody of a minor;
mandatory. (Pp v. as to the principal, 4) Any of the following circumstance is present: consequence; special complex crime detains another, deliver him to the 2) Deliberately fails
Lascano) but not to (a) lasts for more than 3 days; 3) victim is raped; special complex crime depriving the latter proper authorities; to restore said
- If qualified, accessories and (b) simulating public authority; 4) victim is subjected to torture or of his liberty; 3) Not authorized minor to his parents
Elements increased to not accomplices, or (c) any serious physical injuries are inflcted or threats to kill dehumanizing acts. 3) Act is illegal; by law or there is no or guardians.
less than P75K, (Pp other co-principals. detainee are made; or 4) Without any of reasonable ground
v. Victor) - Husband may (d) detainee is a minor, female, or a public officer. the circumstances therefor.
- In rape with commit rape of - Penalty is RP to Death. in Art 267.
Modifying homicide: P100K as wife. - A public officer must have duty under the law to detain persons, otherwise he may be liable for - Penalty is RT. AMay + Fine <=500 RP
Circumstances civil indemnity + - Subsequent kidnapping and not arbitrary detention. - Same penalty for
P75K as moral + forgiveness by the - The carrying away of victim may be done forcibly or fraudulently. (Pp v. Deduyo) accomplice who
Penalty - A private person - When committed
P25K as temperate wife extinguishes - Actual demand for ransom not necessary. furnished the place.
may arrest another by either parent, the
+ P100K as criminal action or - It is essential that there be actual confinement or restriction of the person of the victim. (US v. Cabanag) - Penalty lowered to
without warrant crime is under Art
exemplary penalty. Provided, - Illegal detention may consist not only in placing a person in an inclosure but also in detaining him or PM min-med when:
under the 271 par 2.
damages. (Pp v. that the marriage is depriving him in any manner of his liberty. (Pp v. Crisostomo et al)
Definitions, offender (a) circumstances - Art 270
Cumimba) not void ab initio. - Freedom of locomotion but not freedom to leave at will constitutes illegal detention. (Pp v. Acosta, et al)
Notes and - Award of moral - If the child 2 years old was held and tied to a wooden pillar until his brother should appear and return to voluntarily releases when public distinguished from
Jurisprudence damages, captive within 3 officers can make Art 267: Under the
Evidence which their service, there is illegal detention. (US v. Peralta)
automatic. may be accepted in - The act of a private person arresting and detaining another who commits a crime in his presence is days, when he was arrest (Sec 6 Rule former, the offender
in the position to 113 Revised Rules is entrusted with
Exemplary the prosecution of legal.The detention must be illegal. (Pp v. Tamorro)
damages justified rape - Detention is illegal when (1) not ordered by competent authority or (2) not permitted by law. prolong detention; of Criminal the custody of the
under Art 2230 of - Deprivation of liberty is an essential element. (b) without having Procedure) minor.
Civil Code if there is - When purpose is to extort ransom, it is not necessary that one of the circumstance be present. attained the
an aggravating - Kidnapping a barrio captain is under par 4. (Pp v.Del Mundo) purpose intended;
circumstance. (Pp a) any physical - The purpose of the robbers was to delay or prevent assistance being rendered by the authorities. No and (c) before the - May be committed - Art 270 is
v. Lucena) overt act illegal detention. (US v Sol) institution of by a public officer necessarily
Relevant laws manifesting - Purpose becomes immaterial when any of the circumstances is present. criminal who has no included in Art 267
- If victim below 12, resistance against - Where the victim was taken from his home, solely for the purpose of killing him and not to illegally proceedings. authority to arrest par 4 due to
statutory rape the act of rape in detain, the crime is simple murder. (Pp v. Camo, et al) or detain, or if he similarity in
under Art 266-A(1) any degree from - Incidental deprivation of victim's liberty is merely a preparatory act to the killing, and hence is absorbed did not act in his elements.
(d) (Sec 5(b) Art III the offended party; in the crime of murder or homicide. (Pp v. Delim) official capacity. - Essential element
RA 7610 in relation or - Specific intent is a state of mind which exists where circumstances indicate that an offender actively - No unlawful arrest is that the offender
to RA 8353) b) where the desired certain criminal consequences or objectively desired a specific result to follow his act or failure to when authorized by is entrusted with
- If above 12, sexual offended party is so act. (Pp v. Garland) Kidnapping and murder are specific intent crimes. It is not synonymous with motive. - When the victim is a warrant. (Pp v. the custody of the
abuse under Sec 5 situated as to - Motive means reason that prompts an offender to a particular criminal activity. It is not essential. female, detention is Lim Chun) minor. It is no
(b) RA 7610 or rape render him/her - Ransom is money, price or consideration paid or demanded for redemption of a captive, a payment that under Art 267. - Motive of the longer necessary
Art 266-A of RPC. incapable of giving releases from captivity. Voluntary release is offender is that the purpose be
- Cannot use both consent. Illegal detention distinguished from arbitrary detention not mitigating in controlling; if his to separate the
SPL and RPC. a) ID - offender is a private person, crime against personal liberty and security; that article. purpose is to minor from his
b) AD - offender is a public officer, crime against the fundamental law of the State. deliver to the proper parents.
authorities. - US v. Peralta no
longer controlling.

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 Criminal Law II Compendium of Penalties Titles 8-9

Title Title Nine Crimes Against Personal Liberty and Security

Art No/ Title 271 Inducing a 272 Slavery. 273 Exploitation 274 Services 275 Abandonment 276 Abandoning a 277 Abandoning of minor by person 278 Exploitation of minors.
minor to abandon of child labor. rendered under of persons in minor. entrusted with his custody; indifference
his home. compulsion in danger and of one's of parents.
payment of debt. own victim.
Offender 1) The minor is 1) Offender 1) Offender retains 1) Offender 1) Failing to render 1) Offender has Any person Parents 1) Any person causing a minor under 16
living in the home purchases, sells, a minor in his compels a debtor toassistance to any custody of a child; to perform any dangerous feat of
Acts Punished Abandonment by Indifference of
of his parents or kidnaps, or detains service; work for him, either
person offender 2) Who is under 7 balancing, physical strength, or
custodian - parents -
guardian or the another; 2) Against the will as household finds: years of age; contortion.
Delivering a minor Neglecting one's
person entrusted 2) Purpose is to of the minor; servant or farm (a) In an 3) Abandons such 2) An acrobat, circus manager employing
to a public child by not giving
with is custody; enslave. 3) Under the pretext laborer. uninhabited place, child; minors under 16 who are not his children
Elements institution or other him the education
2) Induces said of reimbursing 2) Against the (b)wounded or in 4) Has no intent to or descendants in exhibitions of acrobat,
persons without commensurate to
minor to abandon himself of a debt debtor's will; danger of dying, (c) kill when child is gymnast, rope-walker, diver, or wild-
proper consent. one's standing and
such home. incurred by an 3) Purpose is to whilst he can abandoned. animal tamer.
(a) Has charge of financial condition.
ascendant, require or enforce render assistance 3) One engaged in (2) who employs
the rearing or (a) Offender is a
Modifying PC + Fine <=700 PM + Fine <=10K; guardian or person the payment of a without detriment - AMay + Fine children under 12 in similar dangerous
education of a parent;
Circumstances Qualifying: MAX entrusted with the debt. to himself, (d) he <=500; exhibitions.
minor; (b) Neglects child
custody of the fails to render such, - Death results: PC (b) Delivers said 4) An ascendant, guardian, teacher or
Penalty - The inducement - If purpose is for by not giving him
minor. - AMay max - PC and (e) such med-max; person entrusted in any capacity with the
must be actual, immoral traffic minor to a public education;
- PC min-med + min omission shall not - Life in danger only: institution or other care of a child under 16 who delivers
committed with (Prostitution), (c) Station in life
Fine <=500 constitute a more PC min-med such gratuitously to any person in (2), or
criminal intent, and penalty is higher. persons; requires such
serious offense. to any habitual vagrant or beggar.
Definitions, determined by a will - To distinguish - Must be against - Article specifically 2) Failing to help or - When there is (c) One who education and his
5) Any person who induces a child under
Notes and to cause damage. slavery from the will of the provides that the intent to kill, article entrusted minor to finances permits it.
assist another 16 to abandon his home to follow the
Jurisprudence (Pp v. Paalam) kidnapping or illegal minor. Otherwise, debtor is compelled whom offender does not apply. (Art offender, or the callings in (2) or to accompany a habitual
- It is not necessary detention, purpose there is no violation to work as 276 par 3) proper authorities - For both acts,
accidentally vagrant or beggar.
that the minor must be under Art 273. household servant wounded or injured. - Intent to kill is have not penalty is AMay +
- Penalty is PC min-med + Fine <=500.
actually abandons determined. If the - The existence of or farm laborer. presumed from the consented. Fine <=500.
3) Failing to deliver - Penalty is MAX in par 4 if in
the home. purpose is to an indebtedness death of the victim
a child under 7 consideration of any price, compensation
Inducement to do enslave, then it is constitutes no legal of the crime is
years whom or promise.
so is enough. (Pp v. slavery. Otherwise, justification for applicable only to
offender found
Apolinar) it is kidnapping or holding a person crimes against
Art 273 and 274 abandoned, to the - One who found a - If mother and Art 278 par 5 and Art 271 distinguished
- There is no illegal detention. and depriving him persons, and not to Negrito child and
distinguished authorities or to his children refuse 1) The first one has specific purpose, i.e.
question that the - Employment or of his freedom to crimes against
In Art 273, the family, or by failing brought her to without good follow any person engaged in circus work
minor did not custody of a minor live where he wills. victim is a minor, security,
to take him to a Manila where he reason to live with or vagrancy; while there is no such
abandon her home with the consent of (Caunca v. Salazar) particularly Art
who is compelled safe place. gave her to another accused, obligation purpose in Art 271.
of her own free will, the parent or 276.
to work for the is not guilty under terminates. (Pp v. 2) Minor must be under 16 in
but was induced to guardian although - A permanent,
supposed debt of - Penalty is AMay. Art 277 as he was Miraflores) Exploitation; while under 18 in Art 271.
do so because of against the child's conscious and
his parent or - Knowledge of age not charged with - The life and safety of minor must be
the aforesaid own will cannot be deliberate
guardian. The under par 3 is the reasring or endangered.
promise. (Pp v. considered abandonment is
service is not immaterial. education of the - Failure to give Art 277 par 1 and Art 276 distinguished
Ricarte) involuntary required. (Pp v.
limited to - The child under 7 minor. (US v. education must be 1) Custody is specific, for the rearing or
- If the offender is servitude. (US v. Bandian)
household help and years of age must Payog) due to deliberate education; general.
either parent: AMay Cabanag) - If offender is the
farm work. be found by - Rear means to desire to evade 2) Minor is below 18; below 7;
or Fine <=300, or - Where there is parent, he shall be bring to maturity by
In Art 274, the accused in an such obligation. (Pp 3) MInor delivered to a public institution
Both service without deprived of
debtor himself is unsafe place. educating, v. Francisco) or other persons; abandoned, depriving
remuneration, there compelled to work. parental authority. nourishing. him of the care and protection his tender
is slavery. (Reyes v. (Art 332 Civil Code) years need.
Alojado)

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 Criminal Law II Compendium of Penalties Titles 8-9

Title Title Nine Crimes Against Personal Liberty and Security

Art No/ Title 280 Trespass to dwelling. 281 Other forms 282 Grave threats. 283 Light threats.
of trespass.

Offender 1) Offender is a private person; - Qualified: By means of violence or intimidation: PC med-max 1) Offender enters 1) Where offender attained his purpose 3) Not subject to a 1) Makes a threat
2) Enters the dwelling of another; + Fine <=1K. the closed (a) Threatening another with the infliction condition to commit a wrong;
Acts Punished
3) Against the latter's will. - If the offender is a public officer, violation of domicile. premises or the upon his person, honor or property or (a) Threatening 2) Does not amount
- Dwelling place means any building or structure exclusively fenced estate of that of his family of any wrong another of infliction to a crime;
- Penalty is AMay + Fine <=1K; devoted for rest and comfort. another; (b) amounting to a crime and upon his person, 3) There is demand
2) It is uninhabited; (c) demanding money or imposing any honor or property or for money or
Elements - A store of cheap goods which is also the dwelling place of the owner was considered a dwelling. (Pp v. 3) Prohibition to other condition, even though not that of his family of imposing any other
Lamahang) enter be manifest; unlawful, and any wrong (b) condition, even
- The accused was living as a boarder, in the same house of which the room of the offended occupant he 4) Has not secured (d) the offender attained his purpose. amounting to a though not
entered was a part. (US v. Silvano) the permission of crime and (c) not unlawful; and
Modifying - Entrance should be against the presumed or express prohibition of the occupant, and the lack of the owner or 2) Where offender did not attain his subject to a 4) Offender has or
Circumstances permission should not be confused with prohibition. (Pp v. De Peralta) caretaker. purpose; condition. has not attained his
- Where the owner of the house took the accused by the hand and requested him to be seated, there is no purpose.
Penalty AMen, or Fine 1) Penalty is next 2) 2 degrees lower. 3) AMay + Fine <=
trespass to dwelling, because there was no opposition. (US v. Flemister)
<=200, or Both. lower in degree for - Made in writing or 500
- There was presumed prohibition given the time, early morning, the door was closed, the daughter was - Penalty is AMay.
the crime through
sleeping, the offended party was in the market. (Pp v. Clemente).
threatened. middleman: MAX
- Whoever enters a dwelling at the late hour of the night after the inmate have retired and closed their
Definitions, doors does so against their will. (US v. Mesina) - Premises signifies- Pointing a gun to her forehead, saying "Saan ka pupunta? - Light threats may
Notes and - The door was only fastened by a string. There was prohibition. (US v. Silvano) distinct and definite
Gusto mo ito?", Art 282 par 2 applies. (Caluag v. Pp) amount to
Jurisprudence - Owner told defendants to wait in the open porch and then closed the doorbehind him as he entered the locality. It may - Having spoken the threats at different points in time to these blackmailing: A
drawing room. (Gabriel v. Pp) mean a room, shop, three individuals, albeit in rapid succession, 3 counts of grave threatens B with
- There is implied prohibition when entrance is made through means not intended for ingress, such as a building, threats. (Parea v. Pp) accusation or
window. (Pp v. Marcial) warehouse, or - The threats of the 3rd form are those made with the exposure, if B does
- The method employed by appellant's men, using a ladder, in effecting entry suggests prior refusal. Thus definite area. deliberate purpose of creating in the mind of the person not give P1K.
there was trespassing. (Pp v. Almeda et al) threatened the belief that the threats will be carried into effect.
Trespass by means of violence (1-3) and intimidation (4-5) (US v. Paguirigan)
1) Pushing the door violently and maltreating the occupants after (US v. Paray) Art 281 and 280 - Should not be made in the heat of anger. Otherwise, Art 285 - As the threat of
2) Cutting the fastenings of the door latch of a closed room. (US v. Lindio) distinguished par 2 applies. reporting to
3) Wounding by means of bolo the owner immediately after entrance. (US v. Arceo) 1) Offender is any - If condition is not proved, par 2 (3rd form) applies. (Pp v. authorities was
4) Firing a revolver in the air by those attempting to enter the house. (US v. Ostrea) person; private Lustre, et al) conditioned on
5) Flourishing a bolo against inmates upon gaining entrance. (US v. Lindio) person. - Threatening to file a criminal action is not grave threat, since extorting money,
- There is qualified trespass as long as there is violence or intimidation, notwithstanding the door was 2) Closed premises it is not a wrong act. there was light
already open and there was no express prohibition to the entry. (US v. Abanto) or fenced estate; - Threatening another with some future harm, even though the threats. (Pp v. Hao
- An owner of the house may commit trespass if it is against the will of the actual occupant. (Almeda) dwelling. offended party was not present when the threats were made Y. Chao, et al)
- If the defendants, in entering a house, desired to have carnal relation with an inmate, but then desisted, 3) Uninhabited; amounts to grave threats. It is sufficient that such threats
there was only trespass to dwelling with violence. (US v. Barnedo, et al) inhabited; came to the knowledge of the offended party. (Pp v. Sayon) Art 284 Bond for
- The culprit who entered the window to steal but was caught, is guilty only of trespass. 4) No permit; - It is consummated the moment the threat comes to the good behavior. -
- Trespass to dwelling separate and distinct from frustrated homicide when the latter was an afterthought against the will. knowledge of the person threatened. (Pp v. Villanueva, et al) may be required to
only (Pp v. Medina) 5) Prohibition must - If the threat is only a means to commit or a mere incident in give bail not to
Not applicable if: be manifest; may the commission of another crime, it is thereby absorbed. molest the person
1) Entrance made for the purpose of preventing some serious harm to himself, occupants or others. be implied. - When the act consists in materially taking possession or threatened in Arts
2) Purpose is to render some service to humanity or justice. securing, on the spot, the delivery of the money or personal 282 and 283.
3) Place is a cafe, tavern, inn, and other public houses, while the same are open. property, the crime is robbery with intimidation, not grave Should he fail to
threats. (US v. Osorio) give bail, destierro.

38
 Criminal Law II Compendium of Penalties Titles 8-9

Title Title Nine Crimes Against Personal Liberty and Security

Art No/ Title 285 Other light threats. 286 Grave coercions. 287 Light coercions.

Offender Acts Punished: 1) Preventing another, by means of 2) Compelling another, by means of Qualified if the coercion is committed 1) Offender is a creditor;
1) (a) Threatening another with a violence, threats or intimidation from violence, threats or intimidation, to do a) in violation of the right of suffrage; 2) Seizes anything belonging to his
Acts Punished
weapon, or (b) by drawing such weapon doing something legal. something against his will, may it be right b) compel another to perform or debtor;
in a quarrel, unless it be in lawful self- or wrong. c) prevent another from performing any 3) By means of violence, or display of
defense; - Ordinary Penalty is PC + Fine <=6K - If Qualified, PM. religious act. material force producing intimidation;
2) Orally threatening another, in the heat 4) Purpose is to apply same to the
Elements of anger, with some harm constituting a a) A person is prevented from doing something legal, or compelled to do something against his will; payment of debt.
crime, without persisting in the idea b) Effected through violence, threats or intimidation; and Par 1 - AMay min + Fine = value, >=75
involved in his threat; c) the restraint shall not be authorized or not in the exercise of a lawful right. Par 2, unjust vexation - AMen or Fine 5-
3) Orally threatening another to do any 200, or Both
Modifying harm not constituting a felony. - If the act sought to be prevented was already done when violence is exerted, the crime is unjust vexation. In grave coercion, - Accused, with a revolver, forcibly took
Circumstances - Penalty is AMen min or a Fine <=200. the act of preventing by force must be made at the time the offended party was doing or about to do the act to be prevented. all the goods from the store of the
Penalty - There is no demand for money or that (Pp v. Madrid) Chinaman after the latter failed to pay his
there is no condition imposed when the - Coercion is done by the unauthorized compelling of another person against his will to do something, whether just or unjust; its debt. (US v. Tupular)
offender threatens another with a essence being an attack on the individual liberty. (Pp v. Fernando, et al) - If offender merely seized property to
weapon. - A dispute as to the right of possession, and the carabaos being actually in the possession of B, it was the duty of A, as owner, hold it as security, Par 1 not applicable.
- In a quarrel between the wife of the to seek the aid of proper judicial authority and not resort to violence that constitutes grave coercion. (US v Mena)
Definitions, - If the carabaos were in possession of A, and B wanted to get them. But A by means of violence prevented B from doing so, - If there was no violence employed, but
Notes and accused and the offended party, the through deceit and misrepresentation in
there is no grave coercion. As owner and actual possessor, A had a right to use such force as may reasonably be necessary to
Jurisprudence accused took part, threatening to kill the prevent B from dispossessing him of his property. (Art 429, CC) seizing the jeepney, unjust vexation
offended party. Later, accused called to under par 2. (Pp v. Reyes).
implore pardon alleging that the threat - Act of preventing another offense: Arts 132, 143, 145; Act of compelling another offense: Arts 127, 267.
- The taxi driver who threatened to bump his car to kill himself and the female pasenger, if she would not go out with him to a - Actual physical violence need not be
was not premeditated. The offense was employed. Sufficient that the attitude be
light threats since the subsequent acts of club, is guilty of grave coercion. (Pp v. Rimando) notoriously menacing as to amount
the accused showed that he did not - If a creditor, by means of violence, seized property of his debtor, light coercion under Art 287.
grave intimidation. (Pp v. Lacdan)
persist in the idea involved in his threat. - Appearing with eight armed men without display of material force, no coercion. (Pp v. Madamba)
(US v Estrada) - But when defendants, armed, surrounded the complainant in a notoriously threatening attitude, grave coercion. (Pp v. Irlanda)
Arts 285, 282 and 283 distinguished - The delivery of the money was the effect of a threat made the day before. There being no actual, immediate or imminent force - Unjust vexation (par 2) includes any
human conduct which, although not
- Threats in Art 285(2) similar to 3rd form exerted upon the complainant when he delivered the amount, no grave coercion. (Pp v. Romero, et al) Note: There seems to be
grave threat. productive of some physical or material
of Art 282, in that the harm constituted a
- The owner of a thing has no right to prevent interference with it when interference is necessary to avert greater damage. (Art harm would, however, unjustly annoy or
crime.
432, NCC) vex and innocent person.
- Threats in Art 285(3) similar to Art 283,
the harm not amounting to a crime. - A tenant, who used force to prevent himself from being deprived of the possession of a parcel of land which he had cultivated, - Whether the offender's act caused
annoyance, irritation, vexation, torment,
- Difference lies in that in Art 285, there is not guilty. This is justified under Art 429 of NCC. (Pp v. Reyes)
- There is a right to compel for a doctor in threatening to shoot an insane man for him to leave the house of a cholera victim. distress, or disturbance to the offended
no demand for money, no condition
(US v Calvo) party. (Pp v. Gozun)
imposed or that the threat is not
- A mayor implementing the recommendation of the municipal health officer, not guilty. (Timoner v. Pp) - A man who kissed a girl and held her
deliberate.
- Purpose is to enforce the principle that no person may take the law into his hands, and that our government is of laws and not tightly to his breast is guilty of unjust
vexation. (Pp v. Climaco)
- In a heated argument, accused said he of men. (Pp v. Mangosing)
- Grave coercion, in forcibly ejecting (Pp v. Nebreja) and forcibly invading. (Pp v. Mojico, et al) - Light coercion in par 1 becomes unjust
would cut her to pieces, making
- Consummated even if offended party did not accede to the purpose of coercion. (US v. Cusi) vexation if there is no violence or
aggressive gestures and trying to attack
- Coercion is distinguished from illegal detention, when there is no clear deprivation of liberty, by the purpose of the offender. intimidation (3rd element absent).
with a bolo. Having been caught by
(Pp v. Dauatan, et al) - When the act has no connection with
another, nothing more happened. Art 285
previous acts of violence, unjust
(2) applies. (Pp v. Padayhag)
vexation. (Pp v. Picunada)

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 Criminal Law II Compendium of Penalties Titles 8-9

Title Title Nine Crimes Against Personal Liberty and Security

Art No/ Title 288 Other similar coercions - 289 Formation, maintenance and 290 Discovering secrets through 291 Revealing 292 Revealing of industrial secrets. RA 9745 Anti-
(Compulsory purchase of merchandise prohibition of combination of capital or seizure of correspondence. secrets with abuse Torture Act of 2009
and payment of wages by means of labor through violence or threats. of office.
tokens)
Offender 1) Forcing or 2) Paying the 1) Offender employs violence or threats, 1) Offender is a private individual, or a 1) Offender is a 1) Offender is a person in charge, Sec 22. Penalty to
compelling, directly wages due his in such a degree as to compel or force public officer not in the exercise of his manager, employee employee or workman of a be imposed in its
Acts Punished
or indirectly, or laborer or employee the laborers or employers in the free and official function; or servant; manufacturing or industrial MAXIMUM period
knowingly by means of tokens legal exercise of their industry or work. 2) Seizes the papers or letters of another; 2) Learns the establishment; when torture
permitting such be or objects other 2) Purpose is to organize, maintain or 3) Purpose is to discover the secrets of secrets of his 2) The establishment has a secret of the attends the
done to the laborer than the legal prevent coalitions of capital or labor, another; principal or master industry which the offender has learned; commission of any
Elements or employee of the tender, unless strike of laborers or lockout of 4) Offender is informed of the contents in such capacity; 3) Reveals such secrets; crime punishable
offender to expressly employers. thereof. 3) Reveals such 4) Prejudice is caused to the owner. under title eight
purchase requested by the secrets. (Crimes against
merchandise of any employee. persons) and title
Modifying kind from him. AMay + Fine <=300 Reveals the secret: PC min-med + Fine nine (Crimes agains
Circumstances <=500 personal liberty and
security)
Penalty AMay, or Fine 200-500, or Both - If death or some serious physical Does not reveal the secret: AMay + Fine AMay + Fine <=500 PC min-med + Fine <=500
injuries are caused, the act should be <=500.
punished in accordance with the other
provisions of the RPC.
Definitions, a) Offender is any a) Offender pays - Peaceful picketing is part of freedom of - Seize means to place in the control of - The secrets must - The secrets must be those relating to
Notes and person, agent or the wages due a speech and therefore, cannot be someone a thing or to give him the have come to their the manufacturing processes invented by
Jurisprudence officer of any laborer by means of prohibited. (Mortera, et al v CIR, et al) possession thereof. knowledge by or for a manufacturer and used only in
association or tokens or objects; - Stopping a truck not belonging to the - If the accused accepted from a reason of their his factory or in a limited number of
corporation; b) Not legal tender; company, emerging from the company's messenger of the RCA a radiogram office or position. them; otherwise, as when such
b) Employed c) Not expressly premises, with voiced threat that he addressed to another, he did not seize - The secrets must processes are generally used, they will
laborers or requested by the would be hurt should he proceed, is such, because it was voluntarily delivered be revealed by the not be secret.
employees; and employee. coercion under Art 289. (Pp v. Carballo, et to him. (Pp v. Singh) offender.
c) Forces or al) - Damage is not
compels, directly or - GR: Wages be paid - Picketers' act of remaining in the - Since the accused opened the necessary. - If the person used the secret of the
indirectly, or in legal tender. Use passageway when the trucks of the cablegram by mistake, he could not have industry for his own benefit, without
knowingly permits of tokens and company were going inside is not part of possibly seized it for the purpose of revealing it to others, he is not liable
such be done to the others is absolutely the picketing protected by the law. (Pp v. discovering a secret. Not liable. (Pp v. under this article.
employee of the prohibited, even Calip, et al) Otto, Jr) - The employee who revealed the secrets
offender to purchase when expressly - The right to picket should be confined - The offender must be informed of the of the industry after he had been
merchandise of any requested by strictly in good faith to gaining contents of the papers or letters. dismissed or separated from the
kind from him. employee. (Sec 1 information and to peaceful persuasion - Prejudice is not an element. establishment, may be held liable under
Rule VIII Book III, and argument. this article.
- Inducing an Omnibus Rules - Employers preventing employees from - Not applicable to parents, guardians or - What is controlling is that he was an
employee to give up Implementing the joining any registered labor organizations persons entrusted with the custody of employee when he learned such secret.
any part of his Labor Code) punished under the Labor Code (Art 259), minors with respect to papers or letters - Prejudice is an essential element.
wages by force, not the RPC. of the minor, or to spouses. (Art 290 par
stealth, intimidation - Unfair labor practice punished by a fine 3)
or threat, under Art 1K - 10K, or imprisonment of 3 months - - Sec 2756 of the Administrative Code
116 of Labor Code. 3 years, or both. (Art 303, Labor Code) punishes the unlawful opening of mail
matter by imprisonment of not more than
1 year, or fine not exceeding 1K, or both.

40
Criminal Law II Compendium of Penalties Penalties Distinguished

Destruction of Life

1
Criminal Law II Compendium of Penalties Penalties Distinguished

Physical Injuries

2
Criminal Law II Compendium of Penalties Penalties Distinguished

Deprivation of Liberty

3
Criminal Law II Compendium of Penalties Penalties Distinguished

Abandonment and Exploitation

4
Criminal Law II Compendium of Penalties Penalties Distinguished

Trespass

5
Criminal Law II Compendium of Penalties Penalties Distinguished

Threats and Coercion

6
 Criminal Law II Compendium of Penalties Title 10

Title Title Ten Crimes Against Property

Art No/ Title 293 Who are guilty of robbery. 294 Robbery with violence against or
intimidation of persons.
What are the Crimes Against Property?
Offender Chapter One Robbery in General 1) Elements of robbery in general 1) Acts Punished with (Penalty)
-- Section One. - Robbery with violence against or intimidation (a) there be (1) personal property, (2) belonging to another; (a) Homicide was committed by reason
Acts Punished
of persons. (b) there is (3) unlawful taking of that property; or on the occasion of the robbery; (RP to
1) Robbery with violence against or intimidation of persons (c) such must be (4) with intent to gain; and Death)
(Art 294) (d) there is (5) violence against or intimidation of any person, or force upon anything. (b) when accompanied by rape or
2) Attempted and frustrated robbery committed under certain 2) Classification of robbery intentional mutilation or arson. (RP to
Elements circumstances (Art 297) (a) With violence against, or intimidation of persons (Arts 294, 297, 298); Death)
3) Execution of deeds by means of violence or intimidation (Art (b) By the use of force upon things (Arts 299, 302) (c) Insanity, imbecility, impotency or
298) 3) Robbery is the taking of personal property belonging to another, with intent to gain, by means of blindness resulted by reason or on the
-- Section Two. - Robbery by the use of force upon things. violence against, or intimidation of any person, or using force upon anything. occasion of the robbery; (RT med - RP)
Modifying 4) Robbery in an inhabited house or public building or edifice 4) Prohibitive articles may be the subject matter of robbery; opium for instance. (d) Loss of the speech, power to hear or
Circumstances devoted to worship (Art 299) 5) Person from whom the personal property was taken need not be the owner. Possession, sufficient. smell, loss of an eye, hand, foot, arm, or
5) Robbery in an uninhabited place or a private bldg (Art 302) 6) Naming the owner only essential in robbery with homicide. It is not required for other cases of robbery leg, or use thereof, or incapacity of work
Penalty
6) Possession of picklocks or similar tools (Art 304) so long as the personal property taken does not belong to the accused. habitually engaged resulted by reason or
Chapter Two Brigandage 7) Where the taking was lawful and the unlawful misappropriation was subsequent thereto, the crime is on the occasion of the robbery; (RT)
7) Brigandage (Art 306) estafa or malversation. But if intent from the very beginning was to gain from the prohibited material, (e) Violence or intimidation clearly
8) Aiding and abetting a band of brigands (Art 307) even with lawful taking, then it is robbery. unnecessary for the commission of the
Chapter Three Theft 8) Unlawful taking complete from the moment the offender gains possession of the thing as to robbery robbery; (PM max - RT med)
Definitions,
9) Theft (Art 308) with violence against or intimidation of persons. The thing must be taken out of the building as to robbery (f) Deformity, loss of other body part or
Notes and
10) Qualified Theft (Art 310) with force upon things. use thereof, illness or incapacity of
Jurisprudence
11) Theft of the property of the National Library and National 9) Taking means depriving the offended party of ownership of the thing taken with the charecter of habitually engaged work for >90 days, or
Museum (Art 311) permanency. illness or incapacity for labor for >30
Chapter Four Usurpation 10) Intent to gain is presumed from the unlawful taking of personal property. Absence of intent to gain will days resulted in the course of
12) Occupation of real property or usurpation of real rights in make the taking grave coercion if there is violence used. committing robbery; (PM max - RT med)
property (Art 312) 11) In order for the element of violence or intimidation to be appreciated, it must be present before the (g) Violence does not cause any injury or
13) Altering boundaries or landmarks (Art 313) taking of personal property is complete. Except, when the violence results in (a) homicide, (b) rape, (c) only intimidation was employed. (PC max
Chapter Five Culpable Insolvency intentional mutilation, (d) or serious physical injuries under pars 1 and 2. - PM med)
14) Fraudulent insolvency (Art 314) 12) The taking need not be immediately after the intimidation. 2) The article defines special complex
Chapter Six Swindling and Other Deceits 13) Robbery at a glance crimes.
15) Swindling (Art 315) (a) If there is violence against or intimidation of any person, always robbery. 3) Homicide is committed by reason or
16) Other forms of swindling (Art 316) (b) None of the above, but only force upon things, it is robbery only if force used to enter the building or to on the occasion if it is done
17) Swindling a minor (Art 317) break doors, wardrobes, chests, or any other locked furniture inside the building or to force them open (a) to facilitate the robbery or escape of
18) Other deceits (Art 318) outside (Arts 299, 302) culprits;
Chapter Seven Chattel Mortgage (c) In first type of robbery, value of robbed property immaterial. Penalty depends on (1) the result of the (b) to preserve the possession of the
19) Removal, sale or pledge of mortgaged property (Art 319) violence used, and (2) on the existence of intimidation. loot;
Chapter Eight Arson and Other Crimes Involving Destruction (d) On the second type, penalty is based on (1) value, (2) carrying of arms, if carried out in inhabited (c) to prevent discovery; or
20) Destructive arson (Art 320) buildings. (d) to eliminate witnesses.
Chapter Nine Malicious Mischief (e) Penalty based solely on value if carried out in uninhabited buildings. 4) Essential in robbery with homicide is
21) Malicious mischief (Art 327) 14) If robbery was effected by employing both violence against or intimdation of persons and force upon proof of direct relation, an intimate
22) Special cases of malicious mischief (Art 328) the things, the latter will be absorbed by the former. Thus, the proper crim to be charged is under Art 294, connection between the two.
23) Damage and obstruction to means of comm. (Art 330) not Art 299. 5) Robbery and homicide separate if the
24) Destroying or damaging statues, public monuments or 15) RA 10883, the New Anti-Carnapping Act of 2016, which lapsed into law on July 17, 2016, is the law original intent was to kill, and the robbery
paintings (Art 331) applicable when property taken in robbery is a motor vehicle. was a mere afterthought.

1
 Criminal Law II Compendium of Penalties
Title Title Ten Crimes Against Property (Robbery)
Art No/ Title 294 Robbery with violence against or
intimidation of persons. (par 1. Robbery
with homicide)
Offender 1) Robbery with homicide is taken in its
generic sense and absorbs all other
Acts Punished
crimes, i.e. serious physical injuries,
contemporaneous thereto. If committed
by a band, such becomes only a generic
aggravating circumstance.
Elements 2) One of the following must be proven
that the homicide was committed:
(a) to facilitate the robbery or escape of
culprits;
Modifying (b) to preserve the possession of the
Circumstances loot;
(c) to prevent discovery; or
Penalty
(d) to eliminate witnesses or suppress
evidence.
3) No robbery with murder. The qualifying
circumstances becomes generic
aggravating.
Definitions,
4) It need not be committed inside a
Notes and
building. The robbery need not precede
Jurisprudence
the killing.
5) An intent to gain must precede the
killing and not a mere afterthought.
6) It is committed even if the deceased
(a) be another robber, (b) is an innocent
bystander, or (c) is not the one being
robbed.
7) It is committed even if the death was
supervened by mere accident.
8) The liability of accomplices and
accesories must be limited to that of
simple robbery, only if (a) they merely
knew of the plan to rob, and (b) they
could not have tried to prevent the killing.
9) All who participated as principals in
the robbery are also principals in robbery
with homicide, unless it clearly shows
that they endeavored to prevent the same.
10) Robbery with homicide is distinct
from highway robbery in that the latter
requires proof that several accused were
organized for the purpose of committing
it indiscriminately.
Title 10
294 Robbery with violence against or 294 Robbery with violence against or 295 Robbery with 296 Robbery by a band. 297 Attempted or
intimidation of persons. (par 2. Robbery intimidation of persons. (par 4. Robbery violence or frustrated robbery
with rape) with serious physical injuries pars 3, 4) intimidation when with homicide.
qualified.
1) The intent to gain must precede the 3) The injury must be inflicted before the 1) Robbery under 1) At least four armed malefactors take 1) Penalty is same,
rape. taking had been complete. Otherwise, subdivisions 3, 4, 5 part in committing robbery. RT max - RP,
2) Committed when the robbery is the serious physical injury is separate of Art 294 qualified 2) When any of the arms used is whether robbery is
accompanied by rape. from robbery. if committed in: unlicensed, the penalty upon all robbers attempted or
3) Even if rape committed in another 4) Thus, the requisites are: (a) an uninhabited shall be the maximum corresponding frustrated.
place, still robbery with rape. But if the (a) The injuries were inflicted in the place, or penalty, without prejudice to the criminal 2) Unless the
rape is committed in a house other than course of the robbery; and (b) by a band, or liability of illegal possession of such homicide shall
that where the robbery is committed, the (b) inflicted upon those not responsible (c) by attacking a firearms. deserve a higher
rape is a separate offense. for the crime. miving train, street 3) Any member present shall be punished penalty, i.e.
4) The rape must be consummated. car, motor vehicle, as principal of any of the assaults, unless parricide, murder.
Otherwise, the attempt thereof is par 5. Robbery with the use of violence or airship, or it be shown that he attempted to prevent 3) There must be
separated from robbery. and intimidation (d) by entering the the same. an overt act of
5) Additional rapes will not increase 1) a.k.a. Simple robbery. passengers' 4) A band member is liable for any robbery, e.g.
penalty. Thus, robbery with rape = 2) when the injury inflicted is only less compartments in a assaults committed when the following demanding money.
robbery with multiple rapes. serious or slight, then this paragraph train, or concur: Thus, when an
6) If rape was the primary objective and applies. (e) on a street, road, (a) He was a member; armed band tried to
his taking of the jewels was not with 3) Pushing the victim constitutes highway, or alley, (b) Present at the commission of stop a bus, and the
intent to gain but to have some token of violence. and with the use of robbery; driver did not stop
their supposed coition, the accused 4) Violence or intimidation may enter at firearms. (c) Others committed the assault; but instead drove
committed rape and unjust vexation. any time before the owner is finally 2) Punished by the (d) Did not attempt to prevent assault. faster, one of the
7) Robbery with homicide and rape under deprived of his property. maximum periods 5) When not committed by a band, the members fired at
paragraph 1, with the rape as an 5) Snatching is theft, not robbery. of the proper liability depends on their individual the bus killing a
aggravating circumstance only. 6) Intimidation exists by pointing a gun. penalties. actions. However, when there is passenger, there
7) Wearing a guerilla uniform, armed, 3) If committed by conspiracy, even though the plan was was no robbery.
par 4. Robbery with unnecessary accused kept on pushing victim back and a band, in an just to commit robbery, all robbers are Only homicide.
violence and intimidation forth and looked as if he was going to uninhabited place, principally liable for all consequences by 4) Robbery by a
1) Wounding the victim, then leaving the strike him. the former is reason or on the occasion of the robbery. band is applicable
victim tied to the trunk of a tree after 8) Intimidation exists when the acts qualifying, while the 6) A principal by induction is not liable to this article.
taking his money. executed or words uttered by the latter is generic unless he specifically ordered any of the 5) Article 48 is
2) If the violence or intimidation is offender are capable of producing fear in aggravating only. assaults. applicable in
necessary, this does not apply. Thus, the person threatened. 4) Inapplicable to 7) Proof of conspiracy unnecessary attempted or
when accused beat the victim to compel 9) Distinguished from threats to extort: robbery with when robbery committed by a band. frustrated robbery
him to show where he kept his money (a) intimidation is actual and immediate; homicide, rape, 8) There is no robbery with homicide in with SPI, robbery
after initial refusal, par 4 does not apply. not immediate, (b) it is personal; may be intentional band. The fact it was committed by a with frustrated
par 4. Robbery with serious physical through an intermediary, (c) directed only mutilation, lesiones band becomes a generic aggravating homicide.
injuries under Art 263 pars 3 and 4 to the person of the victim; may refer to graves. circumstance only. 6) The SPIs are
1) If a robber inflicted upon another the person, honor, or property, (d) gain is 5) If the foregoing 9) Use of unlicensed firearm in robbery absorbed in the
robber serious physical injuries resulting immediate; not immediate. was attended by with homicide committed by a band is a charge of homicide,
to deformity, the paragraph does not 10) Distinct from grave coercion in that cuadrilla, then it separate offense. same as in robbery
apply. there is no intent to gain in the latter. would be generic 10) The use of any firearm in making with homicide, Art
2) It applies when such injury is inflicted 11) Distinct from bribery in that in aggravating. intimidation is qualifying when the 294 par 1.
upon any person not responsible for its bribery, the transaction is both mutual robbery defined in Art 294 pars 3, 4, 5 is
commission. and voluntary. committed on a street, road, highway.
2
 Criminal Law II Compendium of Penalties Title 10

Title Title Ten Crimes Against Property (Robbery, Brigandage)

Art No/ Title 298 Robbery by 299 Robbery in an inhabited house, public building, or edifice devoted to public 300 Robbery in an 302 Robbery in an uninhabited place or 303 Robbery of 306 Brigandage.
execution of deeds. worship. uninhabited place in a private building. cereals, fruits,
and by a band. firewood in an UIP
or private building.
Offender 1) Elements are 1) Elements of subdivision A (c) By using false keys, picklocks or 1) Qualifies Art 299. 1) Elements 1) In cases under 1) Exists when
(a) Offender (a) Offender entered (a.1) an inhabited similar tools. The genuine key must be Punished by the (a) Offender enters an uninhabited or a Art 299, 302; (a) there be at least
Acts Punished
intends to defraud place, or (a.2) public building, or (a.3) stolen, not be taken by force or maximum period of private building. 2) Robbed property: four armed men.
another; edifice devoted to religious worship. intimidation from owner. Otherwise, Art the penalty (b) Any was present: cereals, fruits, or (b) forming a band
(b) Compels him to (b) the entrance effected by: 294 par 5, or simple robbery, applies. therefor. (1) entrance was effected through an firewood. of robbers;
sign, execute, or (b.1) an opening not intended for Only theft when the false key is used to 2) That the place be opening not intended for egress; 3) Penalty is next (c) purpose is to (1)
Elements deliver any public entrance or egress; open wardrobe, drawer, inside door, etc. uninhabited, and (2) a wall, roof, floor, or outside door or lower in degree. commit robbery in
instrument or (b.2) breaking any wall, roof, or floor or (d) Use of fictitious name or feigning committed by a window was broken; 4) Cereals are the highway, (2)
document; breaking any door or window; public authority. It must be the efficient band must concur. (3) false keys, picklocks, were used to seedlings which are kidnap for ransom,
(c) By means of (b.3) using false keys, picklocks or cause of the opening of the offended 3) The inhabited effect entrance; the immediate or (3) attain by
Modifying violence or similar tools; party. house, public (4) a door, wardrobe, chest, was broken; product of the soil. means of force and
Circumstances intimidation. (b.4) using any fictitious name or 6) Elements of subdivision B building, edifice for (5) a closed or sealed receptacle was 5) Palay is cereal violence any other
2) This means that pretending the exercise of public (a) Offender is inside regardless of how religions worship removed, and be broken open elsewhere. but must be kept by purpose.
Penalty
the corresponding authority. he entered; must be located in (c) Personal property of another was owner as seedling 2) PM med - RT
penalties under (c) once inside, takes personal property (b) The unlawful taking done by (b.1) an uninhabited taken with intent to gain. to be under Art 303. min; unless acts
Arts 294-297 shall of another with intent to gain. breaking of doors, wardrobes, chests, or place. 2) Included in building is any kind of committed by
be meted if the 2) In entering the building, the offender any other kind of locked or sealed 4) Art 299 is structure used for storage or safekeeping punished by higher
robbery was must have an intention to take personal furniture or receptacle; or (b.2) by taking qualified when both of personal property, i.e. (a) freight car penalties.
Definitions, 304 Possession of 3) If any of the
executed by this property. such away to be broken or forced open circumstances and (b) warehouse.
Notes and picklocks or similar arms carried be
mode. 3) Inhabited house is any shelter, ship or outside. concur. In Robbery 3) Unnailing of cloth over door of freight
Jurisprudence tools
3) Article applies vessel constituting the dwelling of one or 7) A guest or servant may be liable under with violence car is breaking by force; unlicensed, they are
even if document is more persons, though they may be sub. B. against or 4) Breaking of padlock is use of force 1) Elements: (a) presumed brigands
private or temporarily absent when robbery 8) Breaking the keyhole of the door of a intimidation of upon things. has possession; (b) and penalty is
commercial. occurred. locked wardrobe is breaking a locked persons, either may 5) Use of fictitious name not included such are specially imposed in the
4) Not applicable 4) Public building is that owned or rented furniture. qualify (Art 295). here, for obvious reasons ;) adopted to commit maximum period.
when document is by the Government, although temporarily 9) The sealed thingy (furniture, etc) when 6) The mere removal of closed or sealed robbery; and (c)
301 What is an possession was
void. unoccupied. What matters is not the taken outside need not actually be inhabited house receptacle not sufficient. There must be
5) When offended inauguration thereof, but that the title has opened. and their at least an intention to break it open by unlawful. 307 Aiding and
party is obliged to been delivered to the Government. 10) A person who force opens a sealed force. 2) Penalty for abetting brigands
dependecies
sign, there is no 5) Illustrations of the means in entering thingy which has been confided into his 7) Qualified Robbery (last par). Property possessor and 1) Elements
1) Dependencies
robbery. But there inhabited place, etc: custody and appropriates the money taken is mail matter, or large cattle. maker: AMay max - (a) There is a band
must be (a)
is grave coercion. (a) Through an opening not intended for inside is guilty of estafa. Penalties next higher in degree provided PC min. of brigands;
contiguous, (b) have
ingress. The whole body must be inside. 11) Penalty in summary in Arts 294, 295, 297, 299, 300, 302 shall 3) If offender be a (b) Offender knows;
an interior entrance
Not shown if culprit enters open door, (a) ARMED AND VALUE > P250: RT; be imposed. locksmith: PC med- (c) Does any:
connected
was locked inside, then gets out through (b) EITHER ARMED, VALUE > P250: PM; 8) Penalty in summary max (1) aids, abets,
therewith, and (c)
window. (c) NEITHER ARMED, VALUE > P250: PM (a) VALUE > P250: PC med-max; protects
form part of the
(b) By breaking any wall, roof, or floor or min; whole. (b) VALUE <= P250: AMay max - PC min. 305 False keys (2) gives info on
breaking any door or window. The wall (d) In a DEPENDENCY: Next lower in 9) If store used as dwelling, Art 299; if 1) (a) Art 304; (b) police movement;
2) Orchards and
must be an outside one. May also apply if degree than (a), (b) or (c) not, Art 302; If its is a dependency, Art Genuine keys stolen (3) acquires or
lands used for
a room is occupied by a person as his 12) Bolo is not an arm. Arm must not use 299 last par. from owner; (c) Any receives property
cultivation, not
separate building and its wall is broken. to intimdate. Otherwise, Art 294 applies. keys. taken by such
dependencies.
There must be actual breaking of door. If 13) Even those without arms are liable to brigands.
intact, may only be theft. the same penalty. 2) PC med - PM
min

3
 Criminal Law II Compendium of Penalties
Title Title Ten Crimes Against Property (Theft)
Art No/ Title 308 Theft.
Offender 1) Who are liable for theft
(a) With intent to gain, but without
Acts Punished
violence against or intimidation of
persons nor force upon things, take,
personal property, of another, without the
latter's consent.
Elements (b) Having found lost property, fail to
deliver same to the local authorities or its
owner.
(c) After having maliciously damaged the
Modifying property of another, remove or make use
Circumstances of the fruits or object of the damage
caused by them.
Penalty
(d) Enter an enclosed estate or a field
where trespass is forbidden and without
consent, hunt or fish upon the same or
gather fruits, cereals or other forest or
farm products.
Definitions,
2) Elements
Notes and
(a) Taking of personal property;
Jurisprudence
(b) belonging to another;
(c) done with intent to gain;
(d) without consent of owner;
(e) be accomplished without violence
against or, intimidation of persons, or
force upon things.
3) Taking away not necessary.
Consummated when the culprits were
able to take possession of the thing
taken.
4) Taking complete when offender is able
to place the thing taken under his control
and in such situation as he could have an
opportunity to dispose of it at once.
5) There is no frustrated theft.
6) The theft need not have the character
of permanency. What is controlling is
that offender must have the intention of
making himself the owner of the thing
taken.
7) The unlawful taking may happen at or
soon after the transfer of physical
possession.
8) Personal property may include
electricity, gas, and those capable of
appropriation by another. Promissory
note and check, though they may not be
of value to the offender, may be the
object of theft.
9) Taking of separation pay not yet
delivered because same have not been
signed off yet, is theft, , although
accused are entitled to it.
10) There must be proper transfer of
ownership before any person can claim
ownership of same. Else, him taking such
will be theft.
11) Intent to gain is presumed.
12) There is theft even if accused did not
take them for his own benefit.
13) Joy ride is sufficient gain.
14) Actual or real gain not necessary.
15) The offended party was tied for some
hours previously for some reason foreign
from the act of taking the money. Thus,
theft.
16) Unless the force upon things is
employed to enter a building, the
unlawful taking is theft and not robbery.
17) When a person has in his possession,
part of the recently stolen property, he is
presumed to be the thief of all, provided
when all the goods were lost at the same
time, place, and on the same occasion.
18) Lost property includes loss by
stealing. Accused not liable when he
voluntarily surrenders item to owner
upon the latter's demand/request. Not
limited to actual finder.
19) Fishing should not be in fishpond
within the field or estate, else it would be
qualified theft.
20) Theft is not a continuing offense.
Title 10
PD 534 Illegal fishing. 309 Penalties in 310 Qualified theft.
PD 581 Anti-Highgrading; theft.
PD 401 Unauthorized installations.
PD 534. 1) Basis: (a) value, 1) Theft is qualified if the
1) Illegal fishing through the use of (b) nature of (a) theft committed by a domestic servant;
explosives, obnoxious or posonous property, or (c) (b) with grave abuse of confidence;
substances, or by electricity. circumstances or (c) property stolen is a (1) motor vehicle, (2) mail matter, (3)
2) Penalties: causes that large cattle;
(a) Explosives used: IMP 10y-12y, impelled culprit to (d) consists of coconuts taken from plantation;
provided, if (1) resulted to physical injury: commit theft. (e) fish taken from fishpond or fishery;
IMP 12y-20y, (2) death: IMP 20y - Life, 2) Penalties: (f) on the occasion of fire, earthquake, typhoon, volcanic
or Death. (a) 12K-22K: PM eruption, or any other calamity, vehicular accident, civil
(b) Obnoxious or poisonous substance: min-med; disturbance.
IMP 8-10y, provided, if (1) resulted to (b) >22K: +1y for 2) Penalty is two degrees higher.
physical injury: IMP 10-12y, (2) death: every 10K, up to 3) Abuse of confidence must be grave.
IMP 20y - Life, or Death. 20y. 4) Theft by domestic servant always qualified. Not so for
(c) Violation of Sec 1(f): IMP 6m-4y, or (c) 6K-12K: PC housemate. Not for laborer.
FINE 500-5K. med-max; 5) Theft by truck driver or by shepherd or by one who had
(d) Dealing or selling illegally caught fish: (d) 200-6K: PC min- access to the place where the stolen property is kept is
IMP 2-6y. med; qualified theft.
(e) 50-200: AMay 6) PD 133. Any employee or laborer who shall steal any
PD 581. med - PC min; material, spare part, product or article that he is working on,
1) Extracting gold-bearing ores without (f) 5-50: AMay; using or producing: PC-PM.
consent of operator of mine, PC min. (g) <5: AMay min- 7) Use of safe combination learned by confidential clerk is a
2) If employee, PC med + Art 309. med; grave abuse of confidence.
3) Unauthorized possession, prima facie (h) if in enclosed 8) Taking money in his possession by receiving teller of bank
evidence that they have been stolen. estate & <5: AMen is QT.
Knowingly buying stolen gold ores, guilty or FINE <=200; 9) The confidence gravely abused must be between the
of theft as accessory: AMay max. (i) impulse of parties.
hunger, poverty & 10) RA 10883 New Anti-Carnapping Act. (a) without VIF:
PD 401. <5: AMen min or 20y1d-30y; (b) with VIF: 30y1d-40y; (c) owner, driver,
1) Punishes with PC min or FINE 2K-6K, FINE <=50. occupant killed or raped: LIFE IMP.
or Both: 3) Offender loable 11) When motor vehicle is used for public transport, it is
a) Unauthorized installation of (a) water, for theft of whole always QT. One cannot be leased if for public transport.
(b) electrical, (c) telephone connections; car taken to 12) If property stolen is mail matter, committed by postmaster,
b) The use of tampered meters; another place even Art 226 applies, infidelity of papers in custody.
c) Stealing or pilfering meters, wires; if tires only are 13) PD 533 Anti-cattle rustling. Taking away of large cattle if
d) Knowingly pissessing stole or pilfered taken away. without VIF: PM max - RT med; if with VIF: RT max - RP;
meters or wires. 4) The court may Serious PI or death results: RP - Death.
2) Employee of utility company who take judicial notice 14) Large cattle must be alive, includes cow, carabao, horse,
connives: AMay max + Dismissal + of the value of mule, ass.
Perpetually disqualified from goods which are 15) Taking at the same time several cows is only one crime.
employment. matters of public 311 Theft of the property of the National Library and National
knowledge. Museum
1) Punishable by AMay , or FINE 200-500, or Both
4
 Criminal Law II Compendium of Penalties Title 10

Title Title Ten Crimes Against Property (Usurpation, Estafa)

Art No/ Title 312 Occupation of 313 Altering
real property. boundaries or
315 Swindling (estafa).
landmarks.

Offender 1) Acts punished: 1) Elements are: 1) Penalties 3) Elements in general (b) such has been misappropriated or 22) Under commodatum. Accused
(a) taking (a) there be (a) 12K-22K: PC max - PM min; (1) accused defrauded another by (a) converted; borrowed a book but never returned it as
Acts Punished
possession of any boundary marks or (b) >22K: +1y for every 10K, up to 20y. abuse of confidence, or (b) means of (c) to the prejudice of another; he already sold it.
real property of monuments, or (c) 6K-12K: PC min-med; deceit; and (d) there is demand from offended party 23) Loan of money or mutuum is a loan
another by means estates; (d) 200-6K: AMay max - PC min; (2) damage or prejudice capable of (not required when there is evidence of for consumption and the ownership is
of violence against (b) offender alters (e) <=200: AMay med-max; pecuniary estimation caused upon misappropriation) transferred to the borrower. Thus, a
Elements or intimidation of same. 2) Fraud committed by these means: injured party. 14) The offender acquires both material borrower cannot be held liable for estafa
persons. 2) Pubished by (par 1) WITH UNFAITHFULNESS OR 4) Estafa with abuse of confidence and juridical possession. for merely refusing to pay. Contract of
(b) usurping any AMen, or Fine ABUSE OF CONFIDENCE (par 1), Estafa by means of deceit 15) Juridical possession gives the purchase and sale, contract for the sale
real rights in <=100, or Both. (a) altering the substance, quantity, or (par 2, 3) transferee a right over the thing which he of property on trial basis, contract of
Modifying property belonging 3) Intent to gain not quality of anything of value; 5) Deceit is not an essential requisite in may set up even against the owner. sale on credit are also not covered in
Circumstances to another by required. (b) misappropriating or converting any estafa with abuse of confidence. 16) In trust. Misappropriating the estafa, since there is transfer of
means of VAIP. personal property received in trust, or 6) Elements of estafa with landlord's share (50%) of the purchase ownership. There is only civil liability.
Penalty 314 Fraudulent
2) Elements denying to having received same.; unfaithfulness (sub 1[a]) price which they received in trust for him. 24) Criminal liability for estafa already
(a) takes insolvency (c) taking undue advantage of the (a) offender has an onerous obligation to Failure to turn over to the bank the committed is not affected by
possession of any signature in blank, and by writing any deliver something of value; proceeds of the sale of goods covered by compromise or novation of contract.
real property or 1) Elements are: document above such. (b) he alters its subtsance, quality or trust receipts. 25) Novation of a contract of agency to
usurps any real (a) offender is a (par 2) BY FALSE PRETENSES quantity; 17) On commission. Spending the money that of sale, or loan, before the filing of
Definitions, debtor with due and
rights thereof; (a) using fictitious names, or falsely (c) damage or prejudice is caused. received with obligation to pay such as criminal complaint, will relieve the
Notes and demandable
(b) belongs to pretending to possess power, influence, 7) There should have been at least partial slaughter fee to the municipal treasurer. accused of criminal liability.
Jurisprudence obligation;
another; qualifications, property, credit, agenncy, payment for offender to be liable with 18) For administration. Collecting a sum 26) 3 ways of committing Art 315(1)[b]
(c) violence against (b) he absconds business or imaginary transactions, or by estafa. of money as rentals from the tanants of (a) misappropriating or (b) converting the
or intimation of with his property; means of other similar deceits. 8) Altering the substance. Selling 1,000 his employer, failed to account for and thing received; or (c) denying that the
persons is used; (c) to the prejudice (b) altering the quality, fineness or weight tin cans of opium, when in fact only 16 turn over said amount. thing was received.
(d) with intent to of his creditors. of anything pertaining to his art or contained such, while others contained 19) Under a quasi-contract. Accused 27) Estafa by conversion. Pledging a
gain. 2) Penalty is business. molasses. received the box of sinamay under such thing which was received only to be sold
3) Only civil liability (a) if Merchant: PM; (c) pretending to have bribed any 9) Altering the quantity. Having agreed circumstances as to give rise to an on commission. It presupposes that the
if without VAIP. (b) if not: PC max - Government employee. (maximum 100 cavans of palay, and having received obligation to return or make delivery to thing has been devoted to a purpose or
4) Violence or PM med. penalty) payment therefor, only delivered 98 the owner upon demand. use different from that agreed upon.
intimidation must 3) Actual prejudice (d) postdating or issuing a bouncing cavans. 20) Under a contract of bailment - 28) Estafa by misappropriation. Appellant
be the means used required. check. 10) Altering the quality. Selling first class deposit. Offended party deposited with took the sum of P8.3K out of the funds of
in occupying and 4) Not required that (e) obtaining any food or rice, but delivered a poor kind instead. the accused certificate of Stock No. 517 the Manila Railroad Company, replacing it
therefore should accused should accommodation, or credit of such. 11) When there is no agreement as to the as guaranty for the payment of certain with his personal check. He directed the
occur before the have been adjudged (par 3) BY ANY OF THE FOLLOWING quality, no estafa. shares. Accused in turn, indorsed it to cashier to hold the check until end of
occupation. bankrupt or FRAUDULENT MEANS 12) Even though such obligation be HSBC as guaranty of his overdraft. month. He used the amount for his
5) Penalty is FINE = insolvent. (a) inducing another, by means of deceit, based on immoral or illegal cause. 21) Under a contract of lease of personal personal use. It was found out he had
50-100% for the to sign a document; 13 Elements of estafa with abuse of property. Accused hired the truck until insufficient funds to cover the check,
gain obtained, but (b) resorting to some fraudulent practice confidence (sub 1[b]) noon for P10. but never returned as he though later, he was able to replenish
not less than 75; if to insure success in a gambling game; (a) money, goods, or other personal already sold it. Note: If a vehicle is used said account. He is still guilty because
cannot be (c) removing, concealing, or destroying, property be received in trust, or on for public transport, selling it would the law does not distinguish between
acsertained: 200- in whole or in part, any court record, commission, or for administration, or amount to theft as such vehicle could not permanent and temporary
500. office files, document, or any other under any other obligation involving the be leased, and therefore, accused would misappropriations.
papers. duty to make delivery of, or to return. not have juridical possession over it.

5
 Criminal Law II Compendium of Penalties
Title Title Ten Crimes Against Property (Estafa)
Art No/ Title
315 Swindling (estafa).
Offender 29) There must be either conversion or
misappropriation. Delay in fulfillment of
Acts Punished
a trust or in the delivery of sum received
only amounts to civil liability.
30) In estafa, damage to the offended
party, not the gain of the offender, is the
Elements important consideration.
31) The offended party who has been
prejudiced need not be the owner of the
property.
Modifying 32) Partners are not liable for estafa of
Circumstances money or proerty received for the
partnership when the business
Penalty
commenced and profits accrued.
Exception: if a partner misappropriates
the share of another in the profits. Also,
when a partner receives a money for a
specific purpose then misappropriates it,
Definitions,
guilty of estafa.
Notes and
33) Demand is not legally required, but is
Jurisprudence
necessary to show circumstantial
evidence of misappropriation after failing
to account upon demand.
34) There is no estafa through
negligence.
35) Main difference between estafa with
abuse of confidence and theft is the kind
of possession the accused has ove rthe
thing. Juridical, material, respectively.
Also, in theft, the owner expects an
immediate return of the thing to him.
36) Servant, domestic, employee who
misappropriates the thing received from
his master is guilty of theft, not estafa.
37) Estafa through falsification of public
documents (FPD) is necessarily included
in a charge of malversation through FPD.
38) Misappropriation of policeman of
firerms received is: estafa, when its is not
involved in the commission of a crime,
and malversation, if it is involved.
39) Elements of estafa by taking undue
advantage of the signature in blank (sub
1[c])
(a) the paper with the signature of the
offended party be in blank;
(b) offended party should have delivered
it to the offender;
(c) a document is written above the
signature without authority;
(d) liability or damage is caused to
another.
40) Elements of estafa by means of
DECEIT (subs 2, 3)
(a) there must be a false pretense,
fraudulent act, or fraudulent means;
(b) must be made prior to or
simultaneously with the commission of
the fraud;
(c) offended party relied on it, or was
induced by it to part with his property.
(d) there is damage.
41) 3 ways of committing Art 315 No. 2
[a]
(a) using fictitious name;
(b) falsely pretending to possess: power,
influence, qualifications, property, credit,
agency, business or imaginary
transactions; or
(c) through similar deceits.
42) Using fictitious name. A person
found a pawnshop ticket in the name of
another and used that person's name to
redeem the jewelry.
43) Falsely pretending to possess power.
Worthless paper possessing power,
magician endowed with power to
discover treasures.
44) Possessing influence. Representing
that he had influence in Malacanang, BI,
DFA, etc.
45) Possessing qualifications. The he
was qualified in law to represent
offended party in the civil case.
46) Possessing property. He had
sufficient funds to pay in cash.
47) A creditor who deceived his debtor is
liable for estafa.
48) Possessing credit, agency, busines.
49) By other similar deceits. Falsely
representing that the deed was validly
executed and the lots described therein
actually donated to her.
50) Estafa through false pretense made
in writing is only a simple crime of estafa,
not a complex crime of estafa through
falsification.
51) Estafa by altering the quality,
fineness, or weight of anything pertaining
to his art or business. (Art 315 No 2[b[)
52) Fraudulent manipulation of scale is
punished under the Consumer Act of the
PH (Art 64[h], RA No 7394)
53) Estafa by pretending to have given
bribe (Art 315 No 2[c]). Asking money on
the pretense that he will use it to bribe
but uses it for his own benefit. If he does
give the bribe, he is guilty of corruption of
public officials.
54) Elements of estafa by postdating a
check or issuing a check in payment of
an obligation. (No 2[d])
(a) Offender postdated a check, or issued
a check in payment of an obligation;
(b) done when the offender had no funds
in the bank, or his funds deposited
therein were not sufficient to cover the
amount.
55) The check must be genuine,
otherwise, estafa through falsification of
a commercial document.
56) The issuance of the postdated check
must be the means to obtain certain
goods from offended party.
57) When issued by a guarantor, no
estafa.
58) When the checks are issued and
intended by the parties only as
promissory notes, no estafa.
59) There is prima facie evidence of
deceit when the drawer of the check
failed to deposit the amount necessary
within 3 days from receipt of notice from
the bank and/or payee or holder that said
check has been dishonored.
60) Good faith as defense. Foreseeing his
inability to deposit needed funds, he
informed complainant not to present the
check and offered to pay in installments,
which the latter agreed.
61) The person who uses the check
issued by another, may also be liable for
estafa.
62) Estafa by issuing bad check is a
continuing crime.
63) Estafa by obtaining food or
accommodation at a hotel, etc (Art 315
No 2[e])
64) Elements of estafa by inducing
another to sign any document. (No 3[a])
(a) Offender induced offended party to
sign a document;
(b) deceit be employed;
(c) Offended party personally signed;
(d) prejudice be caused.
65) There should be proof that defendant
made statements tending to mislead the
complainant as to the character of the
document executed by him.
66) Estafa by resorting to some
fraudulent practice to insure success in
gambling (Art 315 No 3[b]).
67) Elements of estafa by removing,
concealing, or destroying documents
(No 3[c])
(a) There be court record, office files,
documents or any other papers;
(b) Offender removed, concealed or
destroyed any of them;
Title 10
(c) With intent to defraud another.
68) If there is no intent to defraud,
malicious mischief.
69) The act of destroying a promissory
note given to cover losses in gambling, is
estafa.
70) Elements of deceit and abuse of
confidence may co-exist.
71) If there is no deceit, nor abuse of
confidence, there is no estafa; there is
only civil liability.
72) Element of damage or prejudice may
consist in:
(a) Offended party being deprived of his
money or property, as result of the
defraudation;
(b) disturbance in property right; or
(c) temporary prejudice.
73) Disturbance in property rights.
Though the typewriter was later
recovered after it was sold to another by
accused, complainant suffered
disturbance of his property right over
said typewriter.
74) The basis of penalty is the amount or
value misappropriated and not delivered
or returned before the institution of
criminal action. Payment subsequent to
the commission of estafa does not
distinguish the criminal liability.
75) Temporary prejudice. Complainant
bought a filter from an agent through a
check. The filter was not delivered, and
found agent to be bogus. He called bank
to suspend payment. Thus, he could not
dispose of the amount in the check
possessed by the accused bogus agent.
76) If a person procures a loan through a
falsified public document, but settles
said loan in due time, there is no estafa,
only falsification.
77) There is a complex crime of theft
and estafa.
6
 Criminal Law II Compendium of Penalties
Title Title Ten Crimes Against Property (Estafa)
Art No/ Title BP 22 Bouncing checks law.
Offender 1) May be violated in 2 ways:
(a) Making or drawing and issuing any
Acts Punished
check to apply on account or for value,
knowing at the time of issue that he does
not have sufficient funds in or credit with
the drawee bank for the payment of such
Elements check in full upon its presentment, and
was subsequently dishonored;
(b) Failing to keep sufficient funds or to
maintain a credit to cover the full amount
Modifying of th echeck if presented within a period
Circumstances of 90 days from the date appearing
thereon.
Penalty
2) Elements of Sec 1 par 1
(a) a person makes or draws and issues
any check;
(b) to apply on account or for value;
(c) knows at the time of issue that he
Definitions,
does not have sufficient funds;
Notes and
(d) subsequently dishonored, or woud
Jurisprudence
have been dishonored had not the
drawer, without any valid reason, ordered
the bank to stop payment.
3) Elements of Sec 1 par 2
(a) a person has sufficient funds when he
makes or draws and issues a check;
(b) fails to keep such funds or maintain a
credit to cover the full amount if
presented within 90 days;
(c) subsequently dishonored.
3) Gravamen is the issuance of a check.
4) The elements of estafa and BP 22 are
distinct. One could be held liable for
estafa and violation of BP 22 without
double jeopardy.
5) If the drawer stopped payment due to
a valid reason, i.e. wrong name of payee,
then he is not liable.
6) But if he had no valid reason to do so,
violation of BP 22 has been
consummated.
7) Written notice of dishonor is
essential.
Title 10
316 Other forms of swindling. PD 1689 317 Swindling a
Syndicated estafa. minor.
8) Absence of proof of notice and giving 1) Penalty is AMay min-med + Fine of (a) Offender is the owner of personal Elements 1) Elements
her 5 days to make necessary not less than the value of the damage property; 1) estafa or its (a) offender takes
arrangements to replenish funds caused, but not more than 3 times. (b) it is in the lawful possession of other forms is advantage of the
destroys the presumption that she had 2) Par 1 - By conveying, selling, another; committed; inexperience,
knowledge of the sufficiency of funds. encumbering, or mortgaging any real (c) offender wrongfully takes it from its 2) by a syndicate of emotions, or
9) The burde then shifts to prosecution property, pretending to be the owner of lawful possessor; at least five feelings of a minor;
to prove such knowledge; otherwise, the same. (d) prejudice is caused upon the persons; (b) induces such
drawer cannot be liable. (a) thing be immovable; possessor or a third person. 3) defraudation minor (1) to
10) Notice of dishonor to corporation is (b) offender falsely represents to be the 11) If offender is a third person, who results in the assume an
not notice of dishonor to officer who owner; takes the property in order to return to misappropriation of obligation, (2) to
issued the check. Thus, constructive (c) executed an act of ownership; the owner, it is theft. moneys contributed give release, or (3)
notice to the corporation is not enough to (d) to the prejudice of owner or a third 12) Par 4 - By executing any fictitious by (a) stockholders, to execute a
satisfy due process. person. contract to the prejudice of another or (b) members of transfer of any
11) Penalty is IMP of 30d-1y OR fine of 3) There must be existing real property. 13) A person simulating a conveyance of rural banks, property right;
not less than but not more than double Otherwise, guilty of Art 315(2)[a]. his property to another, for the purpose cooperatives, (c) consideration be
the amount of the check, which in no 4) There should be actual damage. Mere of defrauding his creditors. samahang nayons, (1) some loan of
case shall exceed P200K, OR BOTH. intent insufficient as the penalty is based 14) It would be a case of fraudulent or farmers' money, (2) credit, or
12) Rule of preference in imposing on the value of such damage. insolvency under Art 314 if the associations or of (3) other personal
penalties emphasizes discretion over the 5) Par 2 - By disposing of real property conveyance is real and made for a funds solicited by property;
judge to determine whether a FINE as free from encumbrance, although consideration. corporations/ (d) to the detriment
suffices the penalty, or whether such be not recorded. 15) Par 5 - By accepting any associations from of the minor.
IMPRISONMENT is also in order. (a) thing disposed is real property; compensation for services not rendered the general public. 2) Penalty
13) Exceptions to the presumption of (b) offender knew of the encumbrance, or for labor not performed. Penalty AMay + Fine of 10%
knowledge of insufficient funds recorded or not. 16) If the money in payment of debt was 1) Life IMP - Death; -50% of the value;
(a) Check is presented after 90 days from (c) there is express representation that delivered to a wrong person, Art 316(5) is 2) If not by 3) Minor should be
the date of the check; the property is free from any not applicable. syndicate + amount under 18.
(b) when drawer pays the amount or encumbrance; 17) If he later refuse to return it to the > P100K: RT - RP. 4) Actual proof of
makes arrangement within 5 banking (d) there is damage to another. owner, Art 315(1)[b] applies. deceit or
days after receiving notice of dishonor. 6) Encumbrance includes every right or 18) Par 6 - By selling, mortgaging or Syndicated estafa misrepresentation
(c) no proof that notice was received by interest in the land which exists in favor encumbering real property or properties is committed is not essential, as
drawer. of third persons, i.e. mortgage, lease, with which the offender guaranteed the through a Ponzi it is sufficent that
14) A drawer who was acquitted or attachment, judgment lien, execution fulfillment of his obligation as surety. scheme offender takes
convicted under the RPC for estafa may sale. (a) offender is a surety in a bond; advantage of the
also be prosecuted under BP 22. 7) The misrepresentation must occur (b) he guaranteed with his real inexperience of the
prior to the granting of the loan. property/ies; minor.
8) Attachment, mortgage must be (c) he encumbers said guaranty;
registered. (d) such encumbrance is (1) without
9) Usurious loan with equitable mortgage express authority from court, (2) made
is not an encumbrance as it is VOID. before the cancellation of his bond, or (3)
10) Par 3 - By wrongfully taking by the before being relieved from the bond.
owner his personal property from its 19) There must be damage caused
lawful possessor under Art 316.
7
 Criminal Law II Compendium of Penalties Title 10

Title Title Ten Crimes Against Property (Estafa, Chattel Mortgage, Arson, Malicious Mischief)
Art No/ Title 318 Other deceits. 319 Removal, sale or pledge of mortgaged property. 320 Destructive arson. PD 1613 Arson. 327 Malicious mischief.

Offender 1) Other deceits 1) Penalty of AMay or Fine = twice the value of property. 1) Penalty of RP - Death to any person 1) Arson is the malicious destruction of 1) Elements
are: 2) Acts punished: who burns the following: property by fire. (a) offender deliberately caused damage
Acts Punished
(a) defrauding or (a) knowingly removing any personal property mortgaged (a) One or more buildings, consequent to 2) Kinds of arson: to the property of another;
damaging another under the CML to any locality different from that when it was 1 single act of burning, or as a result of (a) Simple arson; (b) such act does not constitute arson;
by any other deceit executed, without the written consent of the mortgagee; simultaneous burnings or committed on (b) Destructive arson; (c) be done merely for the sake of
not mentioned in (b) selling or pledging personal property already pledged, or several or different occasions. (c) Other cases of arson. damaging it.
Elements the preceding any part thereof, uner the terms of CML, without the consent of (b) Any building of public or private 3) Simple arson. Burning or setting fire to 2) Bumping the car of another due to
articles. (AMay + the mortgagee written on the back of the mortgage and noted ownership where people usually the property of another, or his own under anger and hate.
Fine of not less on the record thereof in the office of the register of deeds of congregate, regardless of whether circumstances which expose to danger 3) Killing the cow of another as an act of
than value, but not the province where such property is located. offender knows that there are persons in the life or property of another. PM. revenge.
Modifying more than twice) 3) The chattel mortgage must be valid and subsisting: said building at the time it is set on fire, 4) Other cases of arson. Punished by RT- 4) Damage includes diminution.
Circumstances (b) interpreting contains an affidavit of good faith and is registered. and whether it is inhiabited or not. RP 328 Special cases of malicious
dreams, by making 3) Elements of knowingly removing mortgaged personal (c) train, ship, vessel, airship, plane; (a) any government building; mischief
Penalty
forecasts, telling property (d) building, factory, warehouses, (b) inhabited house or dwelling; 1) Penalties: value > 1K: PC min-med;
fortunes, or by (a) personal property is mortgaged under the CML; devoted to the service of public utilities; (c) industrial establishment, shipyard, oil 200-1K: AMay; <=200: AMen.
taking advantage of (b) offender knows of the mortgage; (e) any building burnt to conceal well, mine shaft, platform or tunnel; 2) Special cases:
the credulity of the (c) removes such to any province or city other than the one in evidence of another violation of law, to (d) plantation, farm, pasture land, (a) to obstruct performance of public
public in any other which it was located at the time of the execution of the conceal bankruptcy or defrauding growing crop, grain field, orchard, bambo function.
Definitions,
similar manner, for mortgage; creditors or to collect from insurance. grove or forest; (b) using any poisonous or corrosive
Notes and
profit or gain. (d) removal is permanent; (f) arsenal, shipyard, storehouse, military (e) rice, sugar, cane mills, or mill central; substance;
Jurisprudence
(AMen or Fine (e) no written consent of the mortgagee or his executors, power or fireworks factory, ordinance, (f) railway or bus station, airport, wharf or (c) spreading any infection or contagion
>=200) administrators or assigns to such removal. storehouse, archives, general museum of warehouse. among cattle.
2) Examples are: 4) Offender is any person. So a third person may be liable. the Government; 5) Special aggravating circumstances. (d) causing damage to property of
(a) Shortchanging; 5) No felonious intent when transfer is due to change of (g) in an inhabited place, any storehouse MAX National Museum, Library, or to any
(b) Fraudulently residence. or factory of inflammable or explosive (a) intent to gain; archive or registry, waterworks, road,
obtaining loan on 6) The removal must be coupled with intent to defraud. materials. (b) for the benefit of another; promenade, or any other thing used in
the promise that 7) Filing a civil action for collection, not for foreclosure, 2) Shall likewise be imposed when (c) motivated by spite or hate towards common by the public.
realty would be relieves the accused of criminal responsibility. perpetrated by two or more persons. owner or occupant; 3) Called qualified malicious mischief.
mortgaged as 8) Elements of selling or pledging personal property already 3) When death results, penalty is Death (d) by a syndicate (at least 3 persons).
security, which was pledged (RP with no eligibility for parole) 6) Attempted arson. Placing the rags 329 Other mischiefs.
not fulfilled (a) personal property is already pledged under CML; 4) Different from simple arson based on soaked in gasoline beside the wooden 1) Penalties: value >1K: AMay med-max;
because borrower (b) offender-mortgagor sells or pledges same, or any part; the kind, character and location of the wall of the building ang lighting a match. 200-1K: AMay min-med; <=200 or cannot
already sold it. (c) no consent of the mortgagee written on the back of the property burned. Also distinguishing is 7) Frustrated arson. The rags were set on be estimated: AMen or Fine not less than
(c) tenant selling mortgage and noted on the record thereof in the office of the the degree of perversity or viciousness. fire, but were put out before any part of the value but not more than 200.
the landlord's share register of deeds. Destructive arson is a heinous crime. the building was burned. 330 Damage and obstruction to means
of the harvest and 9) House may be subject of chattel mortgage by agreement of Simple arson on the other hand are of 8) If main objective is burning, but death of communication
failed to deliver the the parties. lesser degree of perversity. results, arson. 1) Penalty of PC med-max.
proceeds of the 10) A second mortgage is also included. 5) No complex crime of arson with 9) if purpose is to kill a person in the 2) Damage to railway, telegraph or
sale to the landlord. 11) Damage is not necessary. homicide. building, and settin it on fire was the telephone lines.
(d) presents to 12) Chattel mortgage may give rise to estafa by means of 6) Arson can be means to commit means resorted, murder. 3) PM if results in derailment of cars,
serve as domestic, deceit. Terrorism under RA 9372. 10) if killing has been committed, then collision, or other accident.
obtains money in 13) Art 319(2) serves to protect the mortgagee; while Art 316 the building is burnt to cover it up,
advance, leaves. (2)protects the purchaser. murder/homicide AND arson.

8
 Criminal Law II Compendium of Penalties Title 10

Title Title Ten Crimes Against Property (Malicious Mischief)

Art No/ Title 331 Destroying or damaging statues, RA 10364 Expanded Anti-Trafficking in Persons Act of 2012 (Amending RA 9208) RA 10364 Expanded Anti-Trafficking in Persons Act of
public monuments, or paintings 2012 (Amending RA 9208)
RA 10158 Decriminalized vagrancy (Amending Art 202)

Offender 1) Statues, monuments: AMay med - PC - Trafficking in Persons refers to the recruitment, obtaining, hiring, providing, offering, transportation, Penalties and Sanctions (Sec 10)
min. transfer, maintaining, or harboring, or receipt of persons with or without victim's consent or knowledge, a) Sec 4: 20y IMP and Fine 1M-2M;
Acts Punished
2) Painting: AMen or Fine <=200, or within or across national borders by means of threat or use of force, or other forms of coercion, b) Sec 4-A: 15y IMP and Fine 500K-1M;
Both. abduction, fraud, deception, abuse of power of position, taking advantage of vulnerability, or the giving or c) Sec 4-B (Accomplice): 15y IMP and Fine 500K-1M;
receiving of payments or benefits for the purpose of exploitation. automatic revocation of license;
332 Persons exempt from criminal d) Sec 5 and 4-C (Accessory): 15y IMP and Fine 500K-1M;
Elements liability. Acts of Trafficking in Persons (Sec 4): e) Sec 6: Life IMP and Fine 2M-5M;
1) Crimes involved: a) Under pretext of employment or training or apprenticeship; f) Sec 7 (Violation of confidentiality): 6y IMP, Fine 500K-1M;
(a) Theft; b) Matching Filipino women to foreign nationals for marriage (RA 6955); g) If juridical, liable is the owner, president, partner, manager,
(b) Estafa; c) Offer or contract marriage, real or simulated; and/or responsible officer;
Modifying (c) Malicious mischief. d) Undertake, organize tours and travel plans that utilizes prostitution; h) Registration with SEC and licenses to operate revoked
Circumstances 2) Persons exempted: e) Maintain or hire a person to engage in prostitution or pornography; permanently; owner, president, partner, manager thereof not be
(a) Spouses, ascendants, descendants, f) Adopt persons; allowed to operate similar establishment;
Penalty
or relatives by affinity in the same line g) Adopt or facilitate the adoption of persons; i) If foreigner, immediately deported after serving sentence,
(b) widowed spouse with respect to the h) For the purpose of removal or sale of organs; and permanently barred from entering PH;
property which belonged to the deceased i) Adopt a child to engage in armed activities in PH; j) If public officer or employee, administratively liable,
spouse before the same passed into the j) For the purpose of slavery, forced labor with threat of physical harm to victim; dismissed from service, permanently barred, benefits forfeited.
possession of another. k) Baring and/or selling a child. k) Immediate rescission of decree of adoption.
Definitions, Attempted Trafficking (Sec 4-A) Qualified Trafficking in Persons (Sec 6) Use of Trafficked Persons(Sec 11)
Notes and (c) brothers and sisters and brothers-in- In case victim is a child: a) Trafficked is a child; - Probation Law shall not apply
Jurisprudence law and sisters-in-law, if living together. a) Facilitating solo travel of child; b) Adoption effected through RA 8043; a) PC max to PM or 6y-12y IMP and Fine of 50K-100K
3) There is only civil liability. b) Executing an affidavit of consent; c) Committed by a Syndicate - 3 or more Provided, however if offense involves
4) A stranger is not exempt if he c) Recruiting a woman to bear child; persons; or in large scale - against 3 or (1) sex or lascivious conduct with a child, RT med to RP or
cooperates with a person who is exempt. d) Simulating birth; more; 17y-40y IMP and Fine of 500K-1M;
5) Stepfather, adopted father, natural e) Soliciting a child and acquiring custody thereof. d) Offender is spouse, ascendant, parent, (2) carnal knowledge of, or sex with victim and also use of
children, concubine, paramour, all sibling, guardian, with authority over force or intimidation, to a victim deprived of reason or is under
included. trafficked; or a public officer or 12 yrs of age, RP or 40y IMP with no possibility of parole and
6) Relationship by affinity survives the Acts that Promote Trafficking (Sec 5) employee. Fine of 1M-5M. except that if offender knows the prostitute as
death of either party to the marriage that a) Lease or sublease house, or building; e) To engage in prostitution with a trafficked person, he shall pe penalized under Sec 10.
created the affinity. b) Issuing fake certificates as pre-departure requirements; member of miltary or law enforcer; b) Deportation - If a foreigner violates par 1 or 2, or any
7) This article does not apply if the c) Propaganda promoting trafficking; f) Offender is a member of military or pertinent provision of this Act as an accomplice or accessory
crimes involved are complexed with d) Assist in conduct of fraud; law enforcer; thereto, or by attempting any such offense, he shall be
another. e) Facilitate exit and entry of trafficked; g) Victim dies, becomes insane, suffers immediately deported after serving his sentence, and be
f) Confiscate, conceal destroy passport; mutilation, afflicted with HIV or AIDS; permanently barred from entering the country.
g) Benefit from, or make use of the labor or services of h) Offender commits one or more c) Public official - Dismissed from service, Perpetual Absolute
trafficked; violations of Sec 4 over a period of 60 DQ, in addition to IMP or Fine.
h) Tamper, destroy evidence, influence witnesses in an days or more, whether continuous or not;
investigation of a case under this Act; and Prescriptive Period (Sec 12)
i) Destroy, conceal remove, confiscate or possess any traveling i) Offender directs or through another - 10 years, Provided, however, that cases committed by a
documents; manages the trafficking victim. syndicate, in large scale, or against a child shall presecribe in
j) Use office to impede investigation. 20 years.
- Shall commence from the day trafficked is free from
bondage, or in case of child, when he reaches majority.

9
 Criminal Law II Compendium of Penalties
Title Title Eleven Crimes Against Chastity
Art No/ Title 333 Who are guilty of adultery.
Offender Married woman, and her paramour.
Acts Punished 1) There is a married woman;
2) She has sexual intercourse with a man
not her husband;
3) As to the paramour, that he knows the
Elements woman is married.
Penalty for both adulterer and her
paramour: PC med - max;
Mitigating - If offender is abandoned
without justification by the offended
Modifying
spouse: AMay max - PC min
Circumstances
Penalty 1) The woman must be married.
Cohabitation is a presumption of
marriage and must be admitted as a fact,
unless denied and contradicted.
2) Declaration of husband is competent
Definitions, evidence to show fact of marriage.
Notes and 3) A witness present at the time of the
Jurisprudence marriage ceremony is likewise
competent proof.
4) Where the offended party in an
adultery case obtained a divorce in his
country before the adultery proceedings
are commenced, he no longer has the
right to institute proceedings against the
offender. (Pilapil v Ibay-Somera)
5) It is not necessary that there be a valid
marriage.
6) Direct proof of carnal knowledge not
necessary.
7) Each sexual intercourse constitutes a
crime of adultery. It is not a continuing
offense.
8) Sheer necessity, mitigating by two-
fold.
9) Both adulterer and paramour entitled
to the mitigating circumstance.
10) Acquittal of one does not operate as
a cause for the acquittal of the other.
11) Effect of death of (a) paramour:
CONTINUE; (b) offended spouse:
CONTINUE, if filed before death.
Titles 11-14
334 Concubinage. 336 Acts of lasciviousness. 337 Qualified seduction. 338 Simple
seduction.
Married man and his concubine. 1) Offender commits any act of lasciviousness or lewdness; (a) Of a virgin, over 12, under 18, by a 1) Offended party is
2) Such act is committed against any person of either sex; person in authority, priest, teacher, etc; over 12, under 18;
Acts Punished
3) It is done: (PC min-max) and (b) Of a sister by her 2) Of good
1) Keeping a mistress in the conjugal
(a) by using force or intimidation; brother, or descendant by ascendant (PC reputation, single or
dwelling;
(b) when the offended party is deprived of reason or otherwise max-PM min) widow;
2) Having sexual intercourse, under
unconscious; 3) Offender has sex
scandalous circumstances, with a 1) Offended party is a virgin;
(c) by means of fraudulent machination or grave abuse of with her;
woman who is not his wife; 2) Over 12, under 18;
authority; 4) By means of
3) Cohabiting with her in any other place. 3) He has sexual intercourse with her;
(d) when the offended party is below 12 (penalty is RT med as deceit.
Elements 4) There is abuse of authority, confidence
per RA 7610) or is demented.
1) There is a married man; or relationship on the part of the
Penalty: AMay
2) He committed any of the acts offender.
Penalty is: PC.
punished;
3) As to the concubine, that she knows 1) Lewd is obscene, lustful, indecent, lecherous. 1) Virginity is presumed when the 1) Usual form of
the man to be married. 2) It is lewd to compel a girl to dance naked before a group of woman is (a) unmarried, and (b) of good deceit is an
Married Man: PC min-med; men, although the motive was to take revenge. Here, the reputation. unfulfilled promise
Concubine: Destierro compulsion is included in the constructive element of force in 2) If the woman is married and the of marriage.
the crime under Art 336. offender knows it, having carnal 2) The promise of
1) The wife left the conjugal dwelling 3) But where a woman, 60 years old, her drawers taken off and knowledge with her is adultery. marriage must be
because of marital troubles. Thereafter, was compelled to admit to theft, the crime was grave 3) If the victim is below 12, the crime is the inducement for
the husband brought his mistress in the coercion. The compulsion is the very act constituting the rape. the woman to yield.
house. He is guilty of the first act of offense. 4) A public woman can't be considered a 3) A man willing
concubinage. 4) Motive of the lascivious act immaterial as the essence of virgin. and ready to marry
2) It is necessary that the woman is lewdness is in the very act itself. 5) Offenders are those who abused (a) may still be liable
taken by the accused into the conjugal 5) Touching the breast of a woman inside a church may only their authority, (b) confidence reposed in for simple
dwelling as a concubine. be unjust vexation. them, (c) their relationship. seduction as when
3) Conjugal dwelling means the home of 6) The presence or oabsence of lewd designs is inferred from 6) What qualifies the seduction is the he knows the girl is
the spouses even if the wife happens to the manner, place, and time under which the complained acts character of the offender. not capacitated.
be temporarily absent. It may be from the were done. 7) Deceit is not an element, so as lack of 4) Deceit consisting
proceeds of the sale of properties, 7) Placing a man's private parts over a girl's genital organ is an consent of the offended party. in unfulfilled
though the wife never lived therein. act of lasciviousness. 8) A teacher of the same school as that promise of material
4) Scandal is produced when: (a) the 8) Moral compulsion amounting to intmidatio is enough. of the girl is liable. things is not
man and his mistress live in the same 9) Distinguished from attempted rape: (a) purpose or intent 9) First class of qualified seduction can contemplated in
room of a house, (b) they appear was to lie with the offended party, and (b) the lewd acts are be committed by a master, head of the simple seduction.
together in public, and (3) perform acts in preparatory only. family, brother-in-law, priest, house The woman is of
sight of the community which gives rise 10) If while committing an act amounting to attempted rape, servant. loose morals.
to criticism and general protest among the offender desisted, he is liable for acts of lasciviousness. 10) Domestic is a person usually living 5) The deceit must
the neighbors. This is best proven by The crime has already been consummated. There is no under the same roof, pertaining to the be before sexual
people in the vicinity. attempted or frustrated stage. It is a formal crime. same house. intercourse.
5) When spies are employed, no 11) Distinguished from unjust vexation: (a) kissing, embracing 11) The second class is incestuous. 6) There is no
evidence of scandalous circumstances. out of passion, (b) no force intimidation employed. Virginity, age, reputation are all continuing offense
6) To cohabit means to (a) dwell 12) It is punished under Sec 5(b) of RA 7610, when performed immaterial. Relationship must be of of seduction.
together, (b) in the manner of husband on a child below 18 exploited in prostitution or subjected to consanguinity and need not be
and wife, (c) for some period of time. other sexual abuse. legitimate.
1
 Criminal Law II Compendium of Penalties Titles 11-14

Title Title Eleven Crimes Against Chastity

Art No/ Title 339 Acts of 340 Corruption of minors. 341 White slave 342 Forcible abduction. 343 Consented 344 Prosecution of the crimes of
lasciviousness with trade. abduction. adultery, concubinage, seduction,
consent. abduction, and acts of lasciviousness.

Offender 1) Offender 1) Offender promotes or facilitate the Acts penalized 1) Person abducted is any woman, regardless of age, civil 1) Offended party 1) Adultery and concubinage must be
commits acts of prostitution or corruption of persons 1) Engaging in the status or reputation; must be a virgin; prosecuted upon complaint signed by the
Acts Punished
lasciviousness; under age; business of 2) It is against her will; 2) Over 12, under offended spouse.
2) Upon a woman 2) Such is to satisfy the lust of another. prostitution; 3) With lewd designs. 18; 2) Seduction, abduction, rape or acts of
who is a virgin or 2) Profiting from it; Penalty: RT. 3) Taking away lasciviousness must be prosecuted upon
single or widow of Penalty: PM. 3) Enlisting the must be with complaint signed by -
Elements good reputation, services of womenCrimes against chastity where age and reputation are consent after a) offended party,
over 12 but under Offender is a public officer or employee: for such purpose.immaterial: solicitation or b) her parents,
18, or a sister or + Temporary absolute DQ. 1) Rape; cajolery from c) grandparents, or
descendant 2) Acts of lasciviousness against the will (Art 336); offender; d) legal guardians in the order in which
Modifying regardless of 1) One who casts for his own ends does PC med-max. 3) Qualified seduction of sister or descendant; 4) With lewd they are named above.
Circumstances reputation or age. not incur liability under Art 340. 4) Forcible abduction. designs. 3) Pursunat to RA 8353, Rape may be
Penalty 3) Through abuse 2) The act of pimping consummates the 1) Even if there is 1) The taking away may be accomplished by means of deceit Penalty is PC min- prosecuted de oficio.
of authority, crime. Mere proposal consummates the no proof that he first and then by means of violence and intimidation. med. 4) In adultery and concubinage, criminal
confidence, offense. Performance of unchaste acts enlisted the 2) If the victim is under 12, the crime is forcible abduction, 1) If virgin is under proceeding can not be instituted without
relationship, or upon the minor not required. services of women even if she voluntarily went with the offender. 12, it is always including both the guilty parties, if they
deceit. 3) Persons under age means below 21. for the purpose of 3) Sexual intercourse is not necessary. forcible abduction. are both alive, nor, in any case, if he shall
Definitions, Penalty: AMay. 4) Victim must be of good reputation. prostitution, he 4) There is a complex crime of forcible abduction with rape. 2) The taking away have consented or pardoned the
Notes and 1) A male can not 5) When victim is under 12, penalty is one would still be liable 5) Intention to marry does not constitute unchaste designs need not be with offenders. (Sec 5 Rule 110, Art 344)
Jurisprudence be the offended degree higher = RT. criminally if he when both parties have the required age for consenting to some character or 5) Imputation of a crime of prostitution
party here. Child Prostitution under RA 7610 shared in the marriage. permanence. can be prosecuted de oficio.
2) There may be Sec 5. The following are to be punished income of the 6) When there are several defendants, it is enogh that one of 3) No matter how 6) Only the offended spouse can file the
consent, but it is with RT med - RP: prostitutes. them had lewd designs. short the taking complaint.
obtained by abuse a) Acting as procurer; 2) Habituality is not 7) Husband not liable, as lewd design is wanting. away is, the crime 7) Refusal of the parent to file complaint
of authority, b) Inducing a person to be a client an element. 8) Distinguished from grave coercion. There is violence or still exists. will bar the others from filing such.
confidence or through advertisements, oral or written; 3) Offender need intimidation in both. However, there is no lewd design in 4) It is sufficient 8) As to the guardian, there is a
relationship or by c) Taking advantage of influence or not be the owner of coercion, provided that there is no deprivation of liberty for an that offender was presumption of guardianship. If this is
means of deceit. relationship to procure a child; the house. appreciable amount of time. instrumental in the denied, then he must prove by means of
3) If the victim is d) Threatening a child to engage in 4) Maintainer or 9) Where a 13 year old girl was abducted by the accused escape of the judicial order.
under 12, the prostitution; manager of house without lewd designs on his part, but for the purpose of woman. 9) Complaint must be filed in court.
penalty is next e) Giving monetary consideration to a of ill-repute need exploiting her for the benefit of another, the crime is corruption 5) Consent of minor 10) When complexed with another crime,
higher in degree, PC child as inducement. not be present of minors. may be obtained can be prosecuted de oficio.
(Sec 10 RA 7610) f) Those who commit sexual intercourse therein at the time 10) When there is deprivation of liberty and no lewd designs, it through honeyed Rules on Pardon
or acts of lasciviousness with the child of raid or arrest. is kidnapping and serious illegal detention under Art 267. promises of 1) It is a bar to prosecution for adultery
exploited. 5) One who enlisted 11) It is forcible abduction with rape whin the purpose of marriage. and concubinage. It may be expressed or
g) Those who derive profit or advantage a woman to be a abduction from the start is with lewd designs. 6) When there is no implied. Must come before the institution
therefrom. maid, but was later 12) There can only be one complex crime of forcible abduction solicitation, cajolery of the criminal action and both offenders
Sec 6. There is an attempt to commit turned to with rape. Thus, the succeeding rapes should each be counted and no deceit and must be pardoned.
when: prostitution is separately against the accused. the girl voluntarily 2) Express pardon is a bar to prosecution
a) A person stranger to a child is found guilty. 13) There is no complex crime of forcible abduction with went with the man, for seduction, abduction, rape or acts of
alone with said child inside a motel, etc. 6) Victim under 12: attempted rape, as the latter is deemed absorbed by the there is no crime lasciviousness. (par 3)
b) A person receives service from a child PM min-med. former. There is only forcible abduction. even if they had 3) Pardon in seduction must also come
in a sauna, etc. 14) There is attempted forcible abduction. sexual intercourse. before the criminal action.

2
 Criminal Law II Compendium of Penalties
Title Title Eleven Crimes Against Chastity
Art No/ Title 344 Rules on pardon (cont).
Offender 4) The parent of offended spouse cannot
validly pardon the offenders in adultery or
Acts Punished
concubinage.
5) An agreement that stipulates an
unbridled license for the commission of
adultery or concubinage constitutes
Elements consent.
6) However, the document stating that
the parties "will cease our relationship for
the good of all of us" does not prove
Modifying condonation.
Circumstances 7) Prior consent is as effective as
subsequent consent to bar the
Penalty
prosecution.
8) Where during the pendency of appeal
from a jugment convicting the husband
of concubinage, the wife stated that she
constented to the concubinage, the case
Definitions,
was remanded to the trial court for a
Notes and
Jurisprudence new trial.
9) Any subsequent acts of offender of
adultery or concubinage will not bar
prosecution thereof. Each constitutes to
a new offense.
10) Delay in the filing of complaint, if
justified, does not indicate pardon, such
as where the offended wife waited for
the birth of the child reared by the
concubine, to serve as evidence.
11) Pardon must first be granted by the
offended party. Only when she is
incapacitated, or dead, can the parents,
grandparents, guardians take her place in
pardoning the offender. Pardon by the
parent, must be accompanied with that
of the girl and vice-versa.
12) Marriage between the parties
benefits all accused. This does not apply
when there are multiple principals by
direct participation.
13) For rape, marriage only benefits the
principal.
Titles 11-14
Title Twelve Crimes Against The Civil Status Of Persons
345 Civil liability of persons guilty of 346 Liability of 347 Simulation of births, substitution of 348 Usurpation of 349 Bigamy.
crimes against chastity. custodians. one child for another, and concealment or civil status.
abandonment of a legitimate child.
1) To indemnify the offended woman. Persons who 1) Simulation of births. 1) If the purpose is 1) Offender has been legally married.
2) To acknowledge the offspring, unless cooperate as 2) Substitution of one child for another. to defraud the 2) Marriage has not been legally
the law should prevent him from doing accomplices but 3) Concealing or abandoning any offended party or dissolved or, in case his or her spouse is
so. are punished as legitimate child with intent to cause such his heir: PM; absent, the absent spouse could not yet
3) In every case to support the offspring. principals child to lose its civil status. 2) Otherwise, PC be presumed dead.
1) Ascendants; med-max. 3) Contracts a second or subsequent
1) The adulterer and concubine can be 2) Guardians; Penalty is PM + Fine <=1K. 3) The crime is marriage.
sentenced only to indemnify for damages 3) Curators; Physician, surgeon, public officer committed when a 4) Such second marriage is deemed
caused to the offended spouse. 4) Teachers; and cooperating:+ Temporary Special DQ. person represents valid.
2) There is no civil liability for acts of 5) Any other person himslef to be
lasciviousness. who cooperates as 1) The object of the crime is the creation another and 1) Penalty is PM.
3) Only indemnity is possible in adultery accomplice with of false, or the causing of the loss of, civil assumes the 2) Subsequent judicial declaration of
or concubinage. Children born from such abuse of authority status. filiation or the nullity of the first marriage is immaterial
offenses may not be recognized and are or confidential 2) Simulation of birth takes place when parental or conjugal because prior to the declaration, the
born from the offenders themselves. relationship the woman pretends to be pregnant rights of such crime has been consummated.
Thus, they may not be granted support. when in fact she is not, and on the day of another person. 3) The civil case for annulment of the
4) Art 2219 of the Civil Code provides Crimes referred to the supposed delivery, takes the child of 4) Civil status first marriage does not pose a prejudicial
that moral damages may be recovered in are another as her own. includes one's question as to warrant the suspension of
seduction, abduction, rape, or other 1) Rape. 3) The woman who simulates birth and public station, or the trial in the bigamy case.
lascivious acts, as well as adultery and
2) Acts of the one who furnishes the child are both the rights, duties, 4) Under Art 41 of the Family Code, a
concubinage. The parents of the female lasciviousness. principals. capacities and summary proceeding for the declaration
seduced, abducted, raped or abused may 3) Qualified 4) A woman pretending to be pregnant incapacities which of presumptive death of the absent
also recover moral damages. sedcution. and simulates a birth, with the sole determine a person spouse is required before the surviving
5) Moral damages may be awarded to 4) Simple purpose of belying that she is sterile, is to a given class. spouse can remarry. Otherwise, those
both the offended party and her parents. seduction. not liable. 5) Thus, usurpation who will contract a subsequent marriage
6) If there are multiple offenders in rape, 5) Acts of 5) It is not a defense that the child will be of profession may will be liable for bigamy.
all must support the offspring. lasciviousness with benefited by the simulation. be punished under 5) If the second marriage is void, there is
7) For the accused to recognize consent. 6) The substitution may be effected by Art 348. no bigamy.
offspring, it must be proven that the 6) Corruption of placing a live child of a woman in place 6) There must be 6) If the second marriage is void solely
offended woman became pregnant minors. of a dead one of another. intent to enjoy the because of the existence of the first
within 120 days from the date of rape. 7) White slave 7) Concealing or abandoning any rights arising from marriage, there is bigamy.
8) The offender in a rape case who is trade. legitimate child, requisites: the civil status of 7) Validity of second marriage is a
married can only be sentenced to 8) Forcible a) There is a legitimate child; another. Otherwise, prejudicial question.
indemnify the woman, and provide abduction. b) Offender conceals or abandons him; the case will be 8) Judgment of annulment of second
support to the offspring, if any. 9) Consented c) Has the intent to cause the lose of civil under Art 178, or marriage precludes the verdict of guilt.
9) Recognition of offspring in multiple abduction. status of such child. estafa under Art 9) The second spouse is not necessarily
rape may not be required it being 8) The unlawful sale of a child by its 315. liable for bigamy.
impossible to determine the paternity father, is not a crime under Art 347. 7) The purpose of 10) But, if such spouse knew of the first
thereof. 9) To abandon is the practice of placing defrauding qualifies marriage, he/she is an accomplice. One
10) Only indemnity is allowed in rape of a newly born infants and very young the crime. who vouched for the capacity of either is
married woman. children at the door of hospitals, also an accomplice.
churches and other religious institutions. 11) There is no double jepoardy if
concubinage is filed after bigamy.
3
 Criminal Law II Compendium of Penalties Titles 11-14

Title Title Twelve Crimes Against The Civil Status Of Persons Title Thirteen Crimes Against Honor
Art No/ Title 350 Marriage 351 Premature 352 Performance 353 Definition of libel. 354 Presumption of malice.
contracted against marriages. of illegal marriage
provisions of laws. ceremony.

Offender 1) Offender Repealed by RA 1) Offender is a Elements of defamation 1ST ELEMENT: Imputation 1) Malice in law presumed from every
contracted 10655. priest or minister, or
1) There must be an imputation of a a) Criminal Act - May be implied from the acts and statementsdefamatory imputation even if it is true.
Acts Punished
marriage. civil authority. crime, or of a vice or defect, real or of the accused. Imputation of criminal intention, not libelous.
2) Can be rebutted if accused can show
2) He knew at the 2) He is authorized imaginary, or any act, omission, status or An expression of opinion by one affected by the act of another
(a) good intention, (b) justifiable motive,
time that - to solemnize circumstance. and based on actual fact is not libelous. Such must be made and (c) it is true in case the law allows
a) the requirements marriages. 2) The imputation is made publicly. however, in the performance of a legal, moral or social duty.proof of the truth.
Elements of the law were not Persons liable: 3) He performs an 3) Malicious. b) Vice or defect - such as lascivious or immoral habits. 3) Not presumed in privileged
complied with; or 1) A widow who illegal marriage 4) Directed to a natural or juridical c) Act or omission - e.g. offended party used to borrow moneycommunications:
b) the marriage was married within 301 ceremony. person, or one who is dead. without intention to pay. (a) private communication made by any
in disregard of a days from the date 5) Must tend to cause the dishonor, d) Condition, status or circumstance - calling a person a person to another in the performance of
Modifying legal impediment. of the death of her 1) He shall be discredit or contempt of the person bastard or leper; mangkukulam. any legal, moral, or social duty.
Circumstances husband, or before punished under the defamed. (b) fair and true report, made in good
having delivered if Marriage Law: IMP Defamation, defined faith, without any comments or remarks
Penalty 1) Penalty is PC 2ND ELEMENT: Publicity
she is pregnant at
med-max. of 1m to 2y, or FINE a) Which includes libel and slander, a) Publication is the communication of the defamatory matter of any judicial, legislative, or other official
the time of his of 200-2K proceedings which are not of confidential
If either obtains means the offense of injuring a person's to some third person or persons. Delivering the article to the
death. nature or of any statement, report or
consent of the character, fame or reputation through typesetter is sufficient publication. Sending a sealed letter is
2) A woman who, speech delivered in said proceedings, or
other by means of false and malicious statements. not publication. If it is unsealed or not shown to be sealed,
her marriage having of any other act performed by public
Definitions, violence, What constitutes a b) It tends to diminish the esteem, there is publication. There is no crime if the defamatory
been annulled or officers in the exercise of their functions.
Notes and intimidation or marriage respect, good will or confidence in the imputation is not published.
dissolved, married 4) Prosecution must prove malice in fact
Jurisprudence fraud, MAX of PC ceremony: plaintiff or to excite derogatory feelings 3RD ELEMENT: Malice
before her delivery in privileged communication.
med-max. 1) personal or opinions about him. a) Malice in fact - express malice, actuated by a desire to
or before the
2) If accused appearance of the c) It is the generic term to libel and impeach the reputation, integrity and honesty of the offended. 5) May be (a) absolute; and (b)
expiration of the
contracted a contracting parties slander, the former being in written, while b) Malice in law - presumed from a defamatory imputation (Art conditional or qualified.
period of 301 days
second marriage before a the latter in the oral form. 354 par 1). Proof of malice not required. Presumption does not (a) said to be absolute if it is not
after the date of the actionable even if the author acted in bad
that is void for lack solemnizing officer. arise in privileged communication.
legal separation. faith.
of marriage license, 2) their declaration 1) Seditious libel is punished in Art 142.
but he knows of 1) This is intended in the presence of 2) In determining a defamatory 4TH ELEMENT: Directed at a person, dead or alive. - members of Congress in the discharge
this missing to prevent two witnesses that statement, the words used are construed a) Identification of the offended party is required, and a third of their functions.
requisite, then he is confusion in they take each in their entirety and taken in their plain, person could identify him as subject of the libelous - official communication made by public
liable under Art connection with other as husband natural and ordinary meaning as they publication. It is essential that the victim be identifiable, officer in the performance of his duties.
350, and not Art filiation and and wife. would naturally be understood by although not necessarily named. If the article is impersonal, - allegations and statements in judicial
349. paternity. persons reading them, unless it appears does not single out individuals, this element is wanting. proceedings.
3) Conviction of that they were used and understood in b) Innuendo is a clause in the indictment or othe rpleading (b) it is conditionally privileged if it is not
violation of this another sense. containing an averment which is explanatory of some actionable unless made in bad faith.
article involves preceding word or statement.
moral turpitude and 1) A clergyman who 1) The meaning that the words in fact If the matter charged as libelous is only an incident in an Paragraph 1: Performance of duty
can disqualify a performed a conveyed on the minds of persons of attack which has another objective, the crime is not libel. 6) Statements must be in private
barrister from being marriage ceremony, reasonable understanding, taking into 5TH ELEMENT: Cause dishonor, discredit, contempt communication to be privileged. If made
admitted to the bar. not knowing that consideration the surrounding a) Dishonor- disgrace, shame, ignominy; in a public meeting, not privileged.
one of the circumstances which were known. b) Discredit - loss of credit or reputation, disesteem; 7) Need not be in a private document. It
contracting parties 2) Where the comments are insincere c) Contempt - state of being despised. may also be in a public document, i.e.
is a minor, is not and intended to ridicule rather than d) There are as many offenses as there were persons affidavit.
liable. praise, it is libelous. defamed.

4
 Criminal Law II Compendium of Penalties Titles 11-14

Title Title Thirteen Crimes Against Honor

Art No/ Title 354 Presumption of malice. (cont) RA 4200 Anti-wire tapping Act. 355 Libel by means of writings or
similar means.

Offender 8) Requisites: 1) Unlawful for any person not being authorized by all parties May be committed by means of:
(a) Person who made the communication has a legal, moral and social duty to make such, or, at least, had to any private communication or spoken word:
Acts Punished 1) Writing 6) Phonograph
an interest to be upheld. (a) to tap any wire or cable, or
2) Printing 7) Painting
(b) Such is addressed to an officer or a board, or superior having some interest or duty in the matter. (b) by using any othe rdevice or arrangement to secretly
3) Lithography 8) Theatrical
(c) Done in good faith without malice in fact. overhear, intercept or record.
4) Engraving exhibition
9) Legal duty presupposes a provision of law conferring upon the accused the duty to communicate. 2) Also unlawful, be he a participant or not:
Elements 5) Radio 9) Cinematographic
10) Moral duty depends upon the relationship between the giver and receiver of the communication and (a) to knowingly possess any recording, or copies thereof,
Penalty is PC min- exhibition
whether same is voluntarily given or not. e.g. members of religious organizations, church authorities, (b) to replay same for any other person/s,
med, or FINE 200- 10) Or any similar
spiritual leaders or their fellow members. (c) to communicate the contents thereof, verbally or written, or
6K, or Both means
11) Social duty also depends on relationship between sender and recipient. (d) to furnish transcription, complete or partial, to any other
Modifying 12) It miust be addressed to an officer or superior having interest or duty in the matter. person. 1) Common attribute of the means is
Circumstances 13) Unintentional error will not take the case out of the privilege. 3) Provided, the use thereof as evidence in any investigation or their permanency.
Penalty 14) When a copy of a privilged communication is sent to a newspaper publication, the privilege is trial mentioned in Section 3, shall not be prohibited. 2) Television program is 'any similar
destroyed. 4) Penalty is 6m-6y IMP, + Perpetual Absolute DQ if public means'.
15) It is a matter of defense and must be established by the accused. Except, if contained in an officer, or + Deportation if alien. 3) Penalty of fine is preferred, under the
appropriate pleading in a court proceeding, the privilege becomes at once apparent. 5) Written court order to gather evidence in relation to cases of circumstances in each case.
16) Defense overcome if it is shown that (a) defendant acted with malice in fact, or (b) there is no treason, espionage, inciting war and disloyalty, piracy, mutiny 4) A civil action for damages may be
Definitions, reasonable ground for believing the charge to be true. in the high seas, rebellion, aconspiracy and proposal to filed simultaneously or separately withh
Notes and 17) If there is probable cause for belief in their truthfulness and the charge is made in good faith, privilege commit rebellion, inciting rebellion, sedition, conspiracy to the criminal action (Art 360 par 3).
Jurisprudence applies. Must be made under an honest sense of duty; a self-seeking motive is destructive. commit sedition, inciting to sedition, kidnapping, CA 616. 5) Libelous statements mere preparatory
Paragraph 2: Fair and true report 6) Provided, the following are met: (a) upon probable cause, act to the more serious offense of grave
18) Official proceedings of the 3 branches. provided however that for rebellion, sedition and their threats and may thus be absorbed.
19) When a publisher publishes a fair and true report of a proceeding, even if it contains libelous derivatives, that they have been committed, (b) reasonable
statements, privilege exists. grounds that the evidence sought will sustain conviction, or to 356 Threatening to publish libel.
20) Malice must be proved as it is the very gist of the offense involving the publication of a true report of a the solution of, or prevention of such crimes, and (c) there are 1) Acts punished:
judicial proceeding. no other means readily available to obtain such evidence.
21) Allegations and averments in pleadings are absolutely privileged only insofar as they are relevant or 7) Order granted shall specify: (a) identity of persons, (a) By threatening another to publish a
pertinent to the issues. telephone number and location, (b) peace officer authorized, libel concerning him, or his parents,
22) An action for libel accrues from the date of publication. (c) offense/s committed or sought to be prevented, (d) period spouse, shild, or other family members.
23) There could be defamation through a communication sent to the lawyer, concerning his client. of authorization. (b) By offering to prevent the publication
24) Publication of confidential nature containing libelous matter is not privileged. 8) Period shall not exceed 60 days, unless extended or of such libel for compensation, or money
25) Any attack upon the private life of the public officer not related to his function may be libelous. renewed by the court. consideration.
26) Doctrine of Fair Comment, when the discreditable imputation is directed against a public person in his 9) Any communication or spoken word obtained through the 2) This is a form of blackmail.
public capacity, it is not necessarily actionable. prohibited acts in this act is inadmissible in evidence. 3) Blackmail may be defined as any
27) Criticism deals only with such things as shall invite public attention or call for public comment. It does 10) An extension telephone is not contemplated as a "tap". unlawful extortion of money by threats of
not follow a public man winto his private life nor pry into his domestic concerns. 11) The act of recording a telephone conversation is that accusation or exposure. Two words are
28) The policy of a public official may be attacked rightly or wrongly. which is penalized, not much on the listening thereto. expressive of the crime - hush money.
29) Publication of a libel by the plaintiff is no legal justification of another libel by the defendant. 4) Blackmail is possible in (a) light
30) The answering of libel may be justified, if it is adequate; and it is inadequate when the answer is threats under Art 283, or (b) this article.
unnecessarily scurrilous. 5) Penalty is AMay, or Fine 200-2K, or
31) Being of public matter, publishing that a restaurant had attempted to sell a putrid fowl to its patrons is Both.
not an actionable wrong.

5
 Criminal Law II Compendium of Penalties Titles 11-14

Title Title Thirteen Crimes Against Honor

Art No/ Title 357 Prohibited 358 Slander. 359 Slander by deed. 360 Persons responsible for libel. 361 Proof of truth. 363 Incriminating 364 Intriguing
publication. innocent persons. against honor.

Offender a) Offender is a 1) Oral defamation. a) Performs any act not included in any a) Who publishes, exhibits or causes the 1) Admissible in any of the following: a) Offender 1) Penalty is AMen
reporter, editor, or 2) Two kinds: other crime against honor; publication or exhibition of any a) When imputation constitutes a crime performs an act; or Fine <=200.
Acts Punished
manager of a (a) Simple slander b) In the presence of other person/s; defamation in writing or similar means. whether offended party is a private b) By such he 2) Committed by
newspaper daily or (AMen or Fine c) Casts dishonor, discredit or contempt b) Author or editor of a book or pamphlet. person or a public officer. directly any person who
magazine; <=200); and upon the offended party. c) Editor or business manager of a daily b) Even if imputation not constutive of a incriminates or shall make an
b) He publishes (b) Grave slander 1) May be simple (AMen or Fine <=200); newspaper magazine or serial crime, but against a Government imputes to an intrigue which has
Elements facts connected (AMay max - PC or grave (AMay max - PC min or Fine publication. employee related to the discharge of his innocent person the
for its principal
with the private life min). 200-1K) d) Owner of the printing plant which official duties. commission of a purpose to blemish
of another; 3) Gravity is 2) Gravity may depend on the social publishes a libelous article, with his crime; the honor or
c) Such facts are determined standing of offended party, consent and all other persons who in any c) Such act is notreputation of
Modifying offensive to the through: circumstances, the occasion, etc. way participate in or have connection 2) If defendant proves the truth of his perjurious. another.
Circumstances honor, virtue and (a) expressions 3) Slapping is slander by deed if intention with its publication. imputation, he shall be acquitted. Proof 3) It may consist of
Penalty reputation of said used; (b) personal is to cause shame and humiliation. of his good motive and justifiable ends 1) Penalty is AMay. some trickery,
person. relations between 4) A street fight may be slander by deed 1) The prime requisite of libel is not the no longer necessary. 2) Limited to ingenious, crafty
parties; (c) if intent is to humiliate and to bring composing of the article but its 3) Proof of truth must rest upon positive, planting evidence. and secret plot.
1) Penalty is AMay, circumstances, offended party into contempt in the publication. direct evidence upon which a definite 3) False accusation 4) Distinguished
or Fine 200-2K, or such as social public eye. 2) Editor has same liability as that of the finding may be made by the Court. is defamation or from incriminating:
Definitions, Both. standing and 5) Pointing a dirty finger is simple slander author. 4) Probable cause for belief in the truth perjury. its purpose is to
Notes and 2) Prohibition position of by deed. 3) Lack of participation in the preparation of the statement is sufficient. 4) Distinguished blemish the
Jurisprudence applies even if the offended party. 6) If intemperate language uttered as of the libelous articles not valid defense. 5) Three requisites of defense: from perjury: (a) reputation of
facts involved are in 4) If purpose is to rebuttal to the scathing words of 4) Venue is determined where (a) the (a) if it appears that the matter charged gravamen is the another; the other is
official correct an improper petitioner, only slight oral defamation. libelous article is printed and first as libelous is true; imputation itself, to impute a crime.
proceedings. conduct, may be 7) Kissing a girl in public and touching published; or (b) any of the offended (b) it was published with good motives; and (b) giving of 5) Distinguished
3) Constitutes the simple slander only. her breasts without lewd design but only parties actually resides at the time of the (c) and for justifiable ends. false statement from defamation:
so-called Gag Law. 5) Calling a person to cast dishonor upon the girl, is slander commission of the offense. 6) An imputation that a person has a under oath or its done through
4) Publishing the a gangster, simple by deed and not acts of lasciviousness. 5) Where one of the offended parties is a contagious disease might , under through an trickery; done
defamatory slander. 8) The nature and effects of the public officer, venue may be had at his ordinary circumstances, be defamatory, affidavit. through publicity
remarks hurled 6) In heat of anger, maltreatment determine the crime place of designation. but loses such character when made 5) Distinguished and orally.
against a priest is provoked by committed. If offended party suffered 6) Civil and criminal actions must be filed with good intention and justifiable from defamation: 6) Gossiping is
libelous per se and offended party, from shame and humiliation caused by in the same court, and such court has motive. not public and defamation.
affects the private simple slander. the maltreatment, it is slander by deed. exclusive jurisdiction over the cases. 7) Retraction may mitigate damages. spoken. 7) Distinguished
life of the offended 7) The word "puta", 9) Common denominator in unjust 7) Offended party must file complaint for 8) The retraction should contain an 6) There is a from slander: if
party. beong a common vexation, slander by deed, and acts of defamation imputing a crime which admission of the falsity of the libelous complex crime of source cannot be
5) Source of news expression in the lasciviousness is irritation or annoyance. cannot be prosecuted de oficio. (Art 344) publication and evince a desire to repair incriminating an pinpointed,
may not be dialect, may not be 8) Libel imputing vice or defect can be a wrong occasioned thereby. innocent person otherwise it is
revealed unless slander. 10) Without any other factor: unjust prosecuted de oficio 9) Honest mistake is not a complete through unlawful slander.
demanded by the 8) The slander need vexation. 9) Actual damage need not be proved. defense but serves only to mitigate. arrest. The former
security of the not be heard by 11) + Publicity and dishonor: Slander by 10) An action for exemplary damages 362 Libelous remarks. was a necessary
State. offended party, but deed. may be awarded if the action is based on 1) On privileged matters, if made with means to commit
by other people, as 12) + circumstances of rape and lewd quasi-delict. malice in fact, do not exempt the author the latter.
the reputation of designs: Acts of lasciviousness. and editor.
the former has 13) Moral damages awarded do not 2) There is liability when facts are
been besmirched. determine the jurisdiction of the court. distorted, or remarks are added thereon.

6
 Criminal Law II Compendium of Penalties Titles 11-14

Title Title Fourteen Quasi-Offenses

Art No/ Title 365 Imprudence and negligence.

Offender Quasi-offenses committed in 4 ways 7) Negligence indicates deficiency of 14) Force majeure is an event which 22) It is the duty of the accused who first 31) Elements of simple imprudence
with (corresponding penalties) perception, failure in advertence, and can cannot be foreseen, or which being noticed an approaching vehicle running (a) There is lack of precaution on the part
Acts Punished
(a) Par 1 - Reckless imprudence resulting be avoided by paying proper attention foreseen is inevitable. It is an on the wrong side of the road, or his side, of offender;
in grave (AMay max - PC med), less and due diligence in foreseeing them. extraordinary circumstance independent to slow down, stop, or further turning to (b) The damage impending to be caused
grave (AMay min-med) or light (AMen 8) Elements of reckless imprudence of the will of the actor. the right, in order to avoid collision. is not immediate or the danger is not
max) felony; (a) Offender does or fails to do an act; 15) Failure to detect mechanical defect is 23) Right of way ids the roght of one clearly manifest.
Elements (b) Par 2 - Simple imprudence or (b) Voluntary; negligence, if accused assumed the duty vehicle to proceed in a lawful manner in 32) When only damage to prperty is
negligence resulting in grave (AMay (c) Without malice; of inspecting the vehicle. preference to another approaching caused, only Fine of the same value of
med-max) or less serious (AMay min) (d) Material damage results; 16) the driver of a motor vehicle is not vehicle under such circumstances of the damages up to three times such
felony ; (e) There is inexcusable lack of guilty of negligence and therefore not direction, speed and proximity as to give value.
Modifying (c) Par 3 - Reckless imprudence or simple precaution taking into consideration the criminally liable in case of an accident rise to a danger of collision unless one of 33) The measure of the damage should
Circumstances imprudence or negligence causing (1) employment or occupation, (2) due to failure of the brakes of his vehicle, the vehicles grants precedence to the be the difference in value of the property
Penalty damage to property (Fine) ; degree of intelligence, physical condition, if he did not know or could not have other. immediately before the incident and
(d) Par 4 - Simple imprudence or and (3) other circumstances regarding known that the brakes were defective. 24) The vehicle first entering the immediately after the repair.
negligence resulting in light (Fine <=200 persons, time and place. 17) The act must be voluntary. Legally, intersection is entitled to the right of way. 34) Rules on mitigating and aggravating
and Censure) felony. 9) Doing an act: While hunting at night, there can be no negligence on the part of 25) It is governed by Sec 42 of RA 4136. circumstances are not applicable in
defendant shot at one of his companions a seven-year old who is incapable of 26) The statutory right of way rule quasi-offenses.
Definitions, 1) There are crimes that cannot be believing that he was a deer. acting with discernment. applies only where the vehicles are 35) Rules on application of penalties
Notes and committed through imprudence, i.e. 10) Failing to do an act: Because of 18) If there is intent to cause damage approaching the intersection at (a) When penalty for the offense <=
Jurisprudence murder, treason, robbery, malicious accused's failure to put the hand brake or due to hate, revenge, or other evil motive, approximately the same time and not penalty for quasi-offense: penalty next
mischief, among others. put an obstacle on the rear wheels of the malicious mischief. where one of the vehicles enter the lower in degree for the offense.
2) In culpa crimes, what is punished is car, it suddenly moved backward, running 19) There must be resulting injury to junction substantially in advance of the - e.g. Less serious physical injuries =
the mental attitude or condition behind over one of the children who was killed. person or damage to property. other. AMay, while AMay min-med for reckless
the act, the dangerous recklessness, lack 11) Doing or failing to do an act: Letting 20) Illustrations of inexcusable lack of 27) The imminence of collision when the imprudence. Thus, the penalty for
of care or foresight, the imprudencia loose their animals that resulted in precaution relative distances and speeds of the two Reckless imprudence resulting to less
punible. damahe to property as well as failing to (a) Overtaking notwithstanding there was vehicles are considered. serious physical injuries should be 1
3) The technically correct way to allege keep the animals in the corral. no room to pass, resulting to collision 28) Rules on overtaking: degree lower of AMay = AMen.
quasi-crimes is to state that their 12) Reckless negligence: Leaving a with a car approaching from the opposite (a) Always drive on the right side of the (b) Death results by imprudence and
commission results in damage, either to loaded firearm within reach of a child direction. road; negligence and in violation of the
person or property. then playing, who picked it, played with it, (b) Overspeeding, overloading. Two of (b) Overtake only if the highway is clearly Automobile Law = PC med-max.
4) Reckless imprudence resulting in and causing his death. the passengers standing on the right visible and free from oncoming vehicle. 36) Contributory negligence is not a
homicide, simple imprudence causing 13) Test of negligence: running board of the car died when his (c) Overtaking while approaching a curve defense - only mitigates criminal liability.
damage to property, as the case may be. - Would a prudent man, in the position of car collided with another. in the highway, where the driver's view is 37) But where the proximate cause of
5) Negligence under civil law may arise the person to whom negligence is (c) Disregarding traffic sign to slow down obstructed is not allowed. death is the negligence of the deceased
from contract (Art 1170) or from tort (Art attributed, foresee harm to the person as he was about to traverse a school (d) One who overtakes is charged with a himself, accused not liable for homicide.
2176). In criminal law, it may be be injured as a reasonable consequence of zone. high degree of care and diligence to 38) Where the concurrent or successive
delictual and quasi-delictual at the same the course about to be pursued? (d) It was incumbent ipon accuse to avoid collision. negligent acts or omissions of at least
time. - If so, the law imposes a duty on the actor reduce his speed to allow the car ahead 29) The degree of care required of two persons, although acting
6) Imprudence indicates deficiency of to refrain from the course or to take of him to safely negotiate a left turn at motorist is not governed by speed limits independently are, in combination, the
action, failure in precaution, and can be precaution against its mischievous the intersection. but by circumstances and conditions direct and procimate cause of a single
avoided by taking the necessary results, and the failure to do so 21) Pharmacists must exercise care of a obtaining at a particular time. injury to a third person, and the
precaution once they are foreseen. constitutes negligence. specially high degree. 30) Permitting unlicensed person to drive proportion of contribution is
is negligence. indeterminable, either is responsible.

7
 Criminal Law II Compendium of Penalties
Title Title Fourteen Quasi-Offenses
Art No/ Title 365 Imprudence and negligence. (cont)
Offender 39) Doctrine of last chance is to the
effect that:
Acts Punished
(a) both parties are negligent;
(b) the negligent act of one is appreciably
later in time than that of the other; or
(c) when it is impossible to determine
Elements who's at fault;
(d) the one who had the last clear
opportunity to avoid the impending harm
and failed to do so is chargeable.
Modifying 40) Thus, the contributory negligence of
Circumstances the injured party will not defeat the action
Penalty if it be shown that the accused might
have avoided the consequences of the
negligence of the injured party.
41) Emergency doctrine applies only
(a) where the situation which arises to
Definitions, confront the actor is sudden and
Notes and unexpected, and
Jurisprudence (b) such as to deprive him of all
opportunity for deliberation.
42) The emeregency doctrine may not be
applied simultaneously with the doctrine
of last chance. Thus, if the case be that
of the former, then the latter is
inapplicable.
43) Violation of a statute which imposes
a specific requirement to omit or to do a
definite act is negligence per se.
44) Negligence cannot be predicated
upon the mere fact of minority or lack of
an operator's license.
45) The failure to render assistance on
the spot constitutes a qualifying
circumstance. Penalty will be one degree
higher.
46) No liability for the death or injuries
caused by the negligent acts of accused
to trespassers whose presence in the
premises he was not aware of. (Pp v
Cuadra)
Titles 11-14
Tapos
47) The operator does not owe to the
trespasser the duty of ordinary or
reasonable care but merely the duty to
refrain from wantonly or willfully causing
injury to him.
48) A quack doctor treating an injured
man resulting in the latter's death is
guilty of reckless imprudence resulting
in homicide.
49) Inexcusable lack of precaution in
medical practice is determined
according to the standard of care
observed by other members of the
profession in good standing under
similar circumstances bearing in mind
the advanced state of the profession at
the time of treatment or the present state
of medical science.
50) Burden of proof in litigation involving
medical negligence is with the plaintiff.
51) For a reasonable conclusion of
medical negligence:
(a) there must be proof of breach of duty
on the part of the surgeon;
(b) causal connection of such breach and
the resulting death or injury of patient.
(proximate cause)
52) Proximate cause is that cause, which,
in natural and continuous sequence,
unbroken by any efficient intervening
cause, produces the injury, and without
which the result would not have
occured.)
8
 Criminal Law II Compendium of Penalties Acts and Elements

Unlawful Taking and/or Misappropriating

293 Robbery, in general;
elements
1) Personal property
belonging to another
2) Unlawfully taken
3) With intent to gain
4) With violence against or
intimidation of persons or
force upon things
299 Robbery in an inhabited house, etc
(a) Offender entered an inhabited (a) Offender is inside
place, or public building, or
edifice devoted to religious
worship.
(b) by an opening not intended
for entrance or egress; breaking other kind of locked or sealed
any wall, roof, or floor or breaking
any door or window; using false
keys, picklocks or similar tools; or
using any fictitious name or
pretending the exercise of public
authority.
Robbery, with violence against or intimidation of persons
294 Robbery, complexed 295 Robbery, qualified
- applies only to pars 3-5 of
par 1. with Homicide
294.
par 2. with Rape, or Intentional - if more than one, the others
become generic aggravating
mutilation, or Arson
par 3. with Serious physical (a) an uninhabited place, or
injuries (1, 2) (b) by a band, or
(c) by attacking a moving
par 4. with Serious physical
train, street car, motor vehicle,
injuries (3, 4), unnecessary VI
or airship, or
(d) by entering the
par 5. SIMPLE robbery
passengers' compartments in
a train, or
(e) on a street, road, highway,
or alley, and with the use of
firearms.
Robbery, with force upon things
300 Robbery, qualified
- Qualifies 299
regardless of how he entered;
(a) in an uninhabited place;
AND
(b) The unlawful taking done
by breaking of doors,
(b) by a band
wardrobes, chests, or any
furniture or receptacle; or by
taking such away to be broken
or forced open outside.
296 Robbery by a band
A band (at least 4 armed
malefactors) member is liable 298 Robbery, by execution
for any assaults if:
of deeds
(a) He was a member;
(b) Present at the commission (a) Offender intends to
of robbery defraud another;
(c) Others committed the
assault;
(d) Did not attempt to prevent
assault.
302 Robbery in an uninhabited
or private building
(a) Enters an uninhabited or a
private building.
(1) entrance was effected
through an opening not intended
for egress; (2) a wall, roof, floor,
or outside door or window was
broken; (3) false keys, picklocks,
were used to effect entrance; (4)
a door, wardrobe, chest, was
broken; (5) a closed or sealed
receptacle was removed, and be
broken open elsewhere.
297 Robbery, attempted or
306 Brigandage
frustrated with Homicide
- Elements in 293, plus:
(b) Compels him to sign,
execute, or deliver any public
instrument or document;
303 Robbery, mitigated
- applies to 209, 302
(a) cereals; (b) fruits;
(c) firewood
304 Possession of
picklocks or similar tools
(a) has possession;
(b) specially adopted to
commit robbery
(c) unlawful
Brigandage
1) At least 4 armed men
2) forming a band of
robbers
3) purpose is to: (a) commit
robbery in the highway; (b)
kidnap for ransom; or (c)
attain by means of force or
violence any other purpose
307 Brigandage, aiding or
abetting
1) There is a band of
brigands
2) Offender knows
3) He:
(a) aids, abets, protects;
(b) gives info on police
movement;
(c) acquires or receives
property taken by brigands

1
 Criminal Law II Compendium of Penalties Acts and Elements

Unlawful Taking and/or Misappropriating

Theft
308 Theft
1) Personal property
belonging to another
2) Unlawfully taken
3) With intent to gain
4) Without violence against or 4) coconuts taken from
intimidation of persons or
force upon things
311 Theft of the property of
6) on the occasion of fire,
the National Library or
natural calamities, vehicular
National Museum
Estafa with abuse of confidence
315(1)[a] Estafa with
unfaithfulness
1) offender has onerous
obligation to deliver
something of value
2) he alters its substance,
quality or quantity
3) damage or prejudice to
another
310 Theft, qualified
1) Committed by a domestic
servant; or
2) with grave abuse of
confidence; or
3) poperty stolen is mail
matter; or
plantation;
5) fish taken from fishpond
accident, civil disturbance
315(1)[b] Estafa with abuse 315(1)[c] Estafa by taking undue 315(2, 3) Estafa by means
advantage of a signature in
of confidence blank
1) money, goods, personal
property received in trust
2) such has been
misappropriated or converted, delivered it to offender
or denied having received it
3) damage or prejudice to
another
4) there was prior demand (not
required if no 2 present)
Usurpation
312 Occupation of real
property
1) takes possession of any
real property, or usurps the
rights thereof
2) Belonging to another
3) With intent to gain
4) With violence against or
intimidation of persons.
of deceit, in general
1) paper with the signature be 1) there must be false
blank;
2) offended party should have
3) a document is written
above the signature
4) without authority
5) liability or damage be
caused to another
313 Altering boundaries or
315 Estafa, in general
landmarks
1) there be boundary marks or
monuments, or estates
2) offender alters such
boundary
314 Fraudulent insolvency
1) offender is a debtor
2) with due and demandable
obligation
3) absconds with his property
4) to the prejudice of creditor
Estafa by means of deceit
pretense, fraudulent act or
means
2) be made prior to or
simultaneous with the
commission of the fraud
3) offended party relied on it,
or was induced by it to part
with his property
4) damage or prejudice to
another
Estafa
315(2)[d] Estafa, by
postdating or issuing check
1) offender had no funds, or
1) accused defrauds another insufficient
by (a) abuse of confidence, or
(b) means of deceit. BP 22 Bouncing checks
law, 2 acts punished
2) damage or prejudice be
caused to offended party
Sec 1 par 1
3) capable of pecuniary 1.a) a person makes or
estimation draws and issues a check
1.b) to apply on account or
value
1.c) knows at the time of
issue of fund insufficiency
1.d) subsequently, or would
have been dishonored
315(2) Estafa by false
Sec 1 par 2
pretenses
(a) using fictitious name, falsely 2.a) a person makes or
pretending to possess power, draws and issues a check
influence, qualifications, power,
agency, business, or imaginary 2.b) has sufficient funds at
transactions time of issue
(b) altering the quality, fineness, 2.c) fails to keep fund, or
weight pertaining to his business maintain credit within 90
days from date of check
(c) by pretendingto have given
bribe
2.d) subsequently
(d) postdating a check or issuing dishonored
a check as payment
e) obtaining food,
accommodation at a hotel, etc

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 Criminal Law II Compendium of Penalties Acts and Elements

Unlawful Taking and/or Misappropriating

Estafa by means of deceit (cont) Estafa, other forms
315(3)[a] Estafa by inducing 315(3)[c] Estafa by removing, 316(1) By disposing of real property 316(2) By disposing of real property 316(3) By wrongfully taking by the 316(6) By selling, mortgaging,
another to sign document concealing, or destroying document pretending to be its owner as free from encumbrance owner of his property encumbring real property

1) offender induced another to 1) there be court record, office
sign document
2) deceit be employed
3) offended party peronally
signs
4) damage or prejudice to
another
315(3)[b] Estafa to insure
success at gambling
PD 1689 Estafa, syndicated 317 Swindling a minor
1) thing be immovable
files, other documents
2) offender removes,
conceals, or destroys same
3) with intent to defraud
Damage or prejudice may
consist in:
1) offended party deprived of
his money or property
2) disturbance in property
right
3) temporary prejudice
Estafa, other forms
2) offender pretends to be its
owner
3) executes an act of
ownership: conveying, selling,
mortgaging, encumbering
4) damage or prejudice to
another
317 Other deceits
1) thing disposed is real
property
2) offender knew of its
encumbrance
3) there is express
representation that the
property is free from
encumbrance
4) damage or prejudice to
another
Chattel Mortgage
319(a) Knowingly removing
mortgaged personal property
1) offender is the owner of
personal property
2) in the lawful possession of
another
3) unlawfully takes it
4) damage or prejudice to
another
316(4) By executing a fictitious
contract to the prejudice of another
316(5) By accepting compensation
for unperformed service
319(b) Selling, pledging personal
property already pledged
1) offender is a surety in a
bond
2) he guaranteed with his
real property/ies
3) he encumbers said
guaranty
4) such is (a) without
express court authority, (b)
made before the
cancellation of his bond, or
(c) before being relieved
from the bond.
5) damage or prejudice to
another

1) Art 315 or 316 was
committed
2) By at least 5 people
3) Resulting in the
misappropriation of moneys
contributed by stockholders or
members of
a) rural banks
b) cooperatives
c) samahang nayons
d) farmers' associations
e) funds solicited by corporations/
associations from the general public
1) Offender takes advantage of (a) Defrauding or damaging 1) personal property is 1) personal property is already
inexperience, emotions, feelings another by other means mortgaged under the CML pledged under the CML
of a minor
(b) interpreting dreams by 2) offender knows of the 2) offender-mortgagor sells or
2) induces minor to (a) assume making forecasts, telling mortgage pledges same, or any part
an obligation, (b) give release, or fortunes, or by taking
(c) execute a transfer or property advantage of the credulity of 3) removes to another 3) no written consent from
right the public in any similar province or city mortgagee, or his executor,
manner administrator, assignee, on the
3) consideration be (1) some 4) removal is permanent back of the mortgage and
loan, (2) credit, or (3) other
noted on the record thereof in
personal property (c) for profit or gain
5) no written consent from the office of the register of
4) damage or prejudice to the mortgagee, or his executor, deeds
minor administrator, assignee

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 Criminal Law II Compendium of Penalties Acts and Elements

Destruction, damage to property

320 Arson, destructive PD 1613 Arson, simple 328 Malicious mischief,
327 Malicious mischief 331 Persons exempt
1) Burning or setting fire to the qualified
(a) One or more buildings, consequent to 1 single act of
burning, or as a result of simultaneous burnings or committed property of another, or
1) offender deliberately 1) Crimes involved:
on several or different occasions. (a) to obstruct performance of
2) his own under circumstances caused damage to the public function.
(a) Theft;
(b) Any building of public or private ownership where people which expose to danger the life or property of another; (b) Estafa;
usually congregate, regardless of whether offender knows that (b) using any poisonous or
property of another. (c) Malicious mischief.
there are persons in said building at the time it is set on fire, 2) such act does not corrosive substance;
and whether it is inhiabited or not. PD 1613 Arson, other cases constitute arson; (c) spreading any infection or
2) Persons exempted:
(c) train, ship, vessel, airship, plane; contagion among cattle.
(a) any government building; 3) be done merely for the sake (d) causing damage to (a) Spouses, ascendants,
(d) building, factory, warehouses, devoted to the service of (b) inhabited house or dwelling; of damaging it. descendants, or relatives by
public utilities; property of National Museum, affinity in the same line
(c) industrial establishment,
(e) any building burnt to conceal evidence of another violation Library, or to any archive or (b) widowed spouse with
shipyard, oil well, mine shaft,
330 Damage and obstruction registry, waterworks, road, respect to the property which
of law, to conceal bankruptcy or defrauding creditors or to platform or tunnel;
to means of communication promenade, or any other thing belonged to the deceased
collect from insurance. (d) plantation, farm, pasture land,
growing crop, grain field, orchard, used in common by the public. spouse before the same
(f) arsenal, shipyard, storehouse, military power or fireworks
bambo grove or forest; passed into the possession of
factory, ordinance, storehouse, archives, general museum of another.
(e) rice, sugar, cane mills, or mill
the Government;
central; 331 Destroying or damaging 329 Malicious mischief, (c) brothers and sisters and
(g) in an inhabited place, any storehouse or factory of statues, public monuments, or other brothers-in-law and sisters-in-
(f) railway or bus station, airport,
inflammable or explosive materials. wharf or warehouse. paintings law, if living together.

Against chastity
333 Adultery
1) There is a married woman;
2) She has sexual intercourse
with a man not her husband;
3) As to the paramour, that he (a) Keeping a mistress in the
knows the woman is married. conjugal dwelling;
339 Acts of Lasciviousness,
334 Concubinage 336 Acts of Lasciviousness 337 Seduction, qualified 338 Seduction, simple with consent
1) Offender commits any act (a) Of a virgin, over 12, under 18, by a 1) Offended party is over 12, 1) Offender commits acts of
1) There is a married man;
of lasciviousness or lewdness; person in authority, priest, teacher, under 18; lasciviousness;
2) He committed any of the 2) Such is committed against 2) Of good reputation, single
1) Offended party is a virgin; 2) Upon a woman who is a
acts punished: any person of either sex; or widow;
virgin or single or widow of
3) It is done:
2) Over 12, under 18; good reputation, over 12 but
3) Offender has sex with her;
(a) by using force or intimidation; 3) He has sexual intercourse under 18, or a sister or
(b) Having sexual intercourse, (b) when the offended party is with her; descendant regardless of
under scandalous circumstances, deprived of reason or otherwise 4) By means of deceit. reputation or age.
with a woman who is not his wife; unconscious; 4) There is abuse of authority,
(c) Cohabiting with her in any (c) by means of fraudulent confidence or relationship on
machination or grave abuse of 3) Through abuse of
other place. the part of the offender.
authority; authority, confidence,
(d) when the offended party is relationship, or deceit.
3) As to the concubine, she (b) Of a sister by her brother,
knows the man to be married. below 12 or is demented. or descendant by ascendant

4
 Criminal Law II Compendium of Penalties
Against chastity
340 Corruption of minors
1) Offender promotes or
facilitate the prostitution or
corruption of persons under
age;
2) Such is to satisfy the lust of
another.
341 White slave trade
1) Engaging in the business of
prostitution;
2) Profiting from it;
3) Enlisting the services of
women for such purpose.
Against Civil Status of Persons
350 Marriage contracted 352 Performance of illegal
against provisions of laws. marriage ceremony.
1) Offender contracted
marriage.
2) He knew at the time that -
a) the requirements of the law 3) He performs an illegal
were not complied with; or
b) the marriage was in
disregard of a legal
impediment.
351 Premature marriages.
342 Abduction, forcible
1) Person abducted is any
woman, regardless of age,
civil status or reputation;
2) It is against her will;
3) With lewd designs.
343 Abduction, consented
1) Offended party is a virgin;
2) Over 12, under 18;
3) Must be with consent after
solicitation or cajolery;
4) With lewd design
353 Defamation
1) Offender is a priest or
minister, or civil authority.
2) He is authorized to
solemnize marriages.
marriage ceremony.
344 Who may file
complaint?
1) Adultery, concubinage:
Offended spouse
2) Seduction, abduction, or
acts of lasciviousness:
a) offended party,
b) her parents,
c) grandparents, or
d) legal guardians in the orderwoman
in which they are named
above.
3) Corruption of minors, white woman
slave trade:
public prosecutor
Against Honor
1) There must be an imputation
of a crime, or of a vice or defect,
real or imaginary, or any act,
omission, status or
circumstance.
2) The imputation is made
publicly.
3) Malicious.
4) Directed to natural or juridical
person, or one who is dead.
5) Must tend to cause the
dishonor, discredit or
contempt of the person
345 Civil liability, in general 347 Simulation of births
1) To indemnify the offended
woman. (always)
2) To acknowledge the
offspring, unless the law
should prevent him from doing
so. except, adultery,
concubinage, rape of married
3) In every case to support the
offspring. except, adultery,
concubinage, rape of married
354 Presumption of malice,
355 Libel
how to counter?
(a) private communication
made by any person to
another in the performance of
any legal, moral, or social duty.
(b) fair and true report, made in 6) Phonograph
good faith, without any
comments or remarks of any
judicial, legislative, or other
official proceedings which are
not of confidential nature or of
any statement, report or speech
delivered in said proceedings, or
of any other act performed by
public officers in the exercise of
their functions.
Against Civil Status of Persons
1) Simulation of births.
2) Substitution of one child for
another.
3) Concealing or abandoning
any legitimate child with intent
to cause such child to lose its
civil status.
348 Usurpation of civil
status
1) Writing
2) Printing
3) Lithography
4) Engraving
5) Radio
7) Painting
8) Theatrical exhibition
9) Cinematographic exhibition
10) Or any similar means
Acts and Elements
349 Bigamy
1) Offender has been legally
married.
2) Marriage has not been
legally dissolved or, in case
his or her spouse is absent,
the absent spouse could not
yet be presumed dead.
3) Contracts a second or
subsequent marriage.
4) Such second marriage is
deemed valid.
356 Libel, threatening to
publish
(a) By threatening another to
publish a libel concerning
him, or his parents, spouse,
shild, or other family
members.
(b) By offering to prevent the
publication of such libel for
compensation, or money
consideration.
5
 Criminal Law II Compendium of Penalties Acts and Elements

Against Honor Criminal Negligence

363 Incriminating innocent 365 Imprudence and
357 Prohibited publication. 359 Slander by deed Reckless Imprudence Simple imprudence
persons negligence
1) Offender is a reporter, 1) Performs any act not Par 1 - Reckless imprudence 1) Offender does or fails to do 1) There is lack of
1) Offender performs an act;
editor, or manager of a included in any other crime resulting in grave, less grave or an act; precaution on the part of
newspaper daily or magazine; against honor; 2) By such he directly light felony; 2) Voluntary; offender;
incriminates or imputes to an 2) The damage impending to
2) He publishes facts 2) In the presence of other innocent person the Par 2 - Simple imprudence or 3) Without malice;
be caused is not immediate
connected with the private life person/s; commission of a crime; negligence resulting in grave 4) Material damage results;
or the danger is not clearly
of another; or less serious felony ;
3) Casts dishonor, discredit or 3) Such act is not perjurious. manifest.
contempt upon the offended 5) There is inexcusable lack of
3) Such facts are offensive to Par 3 - Reckless imprudence
party. precaution taking into
the honor, virtue and 364 Intriguing against or simple imprudence or consideration the (1)
reputation of said person. honor negligence causing damage to employment or occupation, (2)
Committed by any person who property (Fine) ; degree of intelligence, physical
358 Slander shall make an intrigue which condition, and (3) other
has for its principal purpose to Par 4 - Simple imprudence or circumstances regarding
(a) Grave; blemish the honor or negligence resulting in light persons, time and place.
(b) Simple reputation of another. felony.

Criminal Negligence

Doctrine of last chance Emergency Doctrine Medical Negligence

1) both parties are negligent;
2) the negligent act of one is
appreciably later in time than
that of the other; or
3) when it is impossible to
determine who's at fault;
4) the one who had the last
clear opportunity to avoid the
impending harm and failed to
do so is chargeable.
1) where the situation which 1) there must be proof of
arises to confront the actor is breach of duty on the part of
sudden and unexpected, and the surgeon;
2) causal connection of such
2) such as to deprive him of all breach and the resulting death
opportunity for deliberation. or injury of patient. (proximate
cause)
Inexcusable lack of precaution in medical practice is
determined according to the standard of care observed by
other members of the profession in good standing under
similar circumstances bearing in mind the advanced state of
the profession at the time of treatment or the present state of
medical science.