Вы находитесь на странице: 1из 37

Elements of Crimes- Criminal Law

Title One- Crimes Against National Security 2. By disclosing to the representative of a


and Law of Nations foreign nation the contents of the
articles, data or information which he
Art 114- Treason had in possession by reason of the
1. The offender is a Filipino citizen or alien public office he holds.
residing in the Philippines. a. Offender is a public officer
2. There is a war in which the Philippines b. He has in his possession the
in involved. articles, data or information by
3. The offender either: reason of the public office he
a. Levies war against the holds.
Government c. He disclose their contents to a
b. Adheres to the enemies, giving representative of a foreign
them aid or comfort nation.

Art 115- Conspiracy and proposal to commit


treason Art 118- Inciting to war or giving motives for
reprisals
- Conspiracy- When in time of war, two
or more persons come to an agreement 1. The offender performs unlawful or
to levy war against the government or unauthorized acts.
adhere to the enemies or give them aid 2. Such acts provoke or give occasion for a
or comfort and decide to commit it. war involving or liable to involve the
- Proposal- When in time of war a person Philippines or expose Filipino citizen to
who has decided to levy war against the reprisal on their person or property.
Government or to adhere to the Art 119- Violation of Neutrality
enemies or give them aid or comfort
and decide to commit it. 1. There is a war in which the Philippines
is not involved.
Art 116- Misprison of Treason 2. There is a regulation issued by
1. The offender must be owing allegiance competent authority for the purpose of
to the Government and not a foreigner. enforcing neutrality.
2. That he has knowledge of any 3. The offender violates such regulation.
conspiracy to commit treason against
Art 120- Correspondence with hostile country
the Government.
3. That he conceals or does not disclose 1. In time of war in which the Philippines
and make known the same as soon as is involved.
possible to the governor or fiscal of the 2. The offender makes correspondence
province/city in which he resides. with an enemy country or territory
occupied by enemy troops
Art 117- Espionage 3. The correspondence is either
1. By entering without authority therefor a. Prohibited by the government
a warship, fort or naval/ military b. Carried on in ciphers or
establishment or reservation to obtain conventional signs
any information, plans, photographs or c. Containing notice or
other data of confidential in nature information which might be
relative to the defense of Phil. useful to the enemy
a. The offender enters any of the Art 121- Flight to enemy’s country
place mentioned
b. He has no authority therefor 1. There is a war in which the Philippines
c. His purpose is to obtain is involved.
information, plans, 2. The offender must be owing allegiance
photographs or other data of a to the government.
confidential in nature relative 3. The offender attempts to flee or to go
to the defense of the Phil. to enemy country.

Rolan Jeff A. Lancion


Arellano University School of Law Page 1
Elements of Crimes- Criminal Law

4. Going to enemy country is prohibited b. 18 hrs- crimes punishable by


by competent authority. correctional penalties
c. 36 hrs- crimes punishable by
Art 122- Piracy in general and mutiny on the afflictive or capital penalties
high seas or in Philippine waters
Art 126- Delaying release
1. By attacking or seizing a vessel on the
high seas or Phil Waters. Acts Punishable
2. By seizing in the vessel while on the
high seas or in Philippine waters the 1. By Delaying the performance of a
whole or part of its cargo, its equipment judicial or executive order for the
or personal belongings of its release of a prisoner.
complement or passengers. 2. By unduly delaying the service of the
a. The vessel is on the high seas or notice of such order to said prisoner.
Phil waters 3. By unduly delaying the proceeding upon
b. The offenders are not member any petition for the liberation of such
of its complement or person.
passengers of the vessel Elements
c. The offender attack/seize the
that vessel or seize the whole a. The offender is a public officer
vessel or part of the cargo, its or employee
equipment or personal b. There is a judicial or executive
belongings of its complement order for the release of a
or passengers. prisoner or detention prisoner
or that there is a proceeding
Art 123 Qualified Piracy upon a petition for the
1. The offenders have seized the vessel by liberation of such person.
boarding or firing upon the same c. The offender without good
2. The pirates have abandoned their reason delays: (1) the service of
victims without means of saving the notice of order to the
themselves offender (2) the performance of
3. The crime is accompanied by murder, such judicial or executive order
homicide, physical injuries or rape. for the release of the prisoner
(3) the proceeding upon a
Title Two- Crimes Against The Fundamental petition for the release of such
Laws of the State person.

Section 1- Arbitrary Detention and Explusion Art 127- Expulsion

Art 124- Arbitrary Detention 1. The offender is a public officer or


employee
1. The offender is a public officer or 2. He expels any person from the
employee Philippines or compels a person to
2. He detains a natural person change his residence
3. The detention is without legal grounds. 3. The offender is not authorized to do so
Art 125- Delay in the delivery of detained by law
person to the proper judicial authorities Section 2- Violation of Domicile
1. The offender is a public officer or Art 128 Violation of Domicile
employee.
2. That he detained a person for some Acts Punishable
legal ground
3. He fails to deliver such person to the 1. By entering any dwelling against the will
proper judicial authorities within: of the owner thereof
2. By searching papers or other effects
a. 12 hrs- crimes punishable by
light penalties found therein without the previous
consent of such owner

Rolan Jeff A. Lancion


Arellano University School of Law Page 2
Elements of Crimes- Criminal Law

3. By refusing to leave the premises, after 1. By prohibiting/ interrupting, without


having surreptitiously entered said legal cause the holding of a peaceful
dwelling and after having required to meeting or by dissolving the same.
leave the same. 2. By hindering any person from joining
any lawful association or from
Elements attending any of its meeting
a. The offender is a public officer or 3. By prohibiting or hindering any person
employee from addressing, either alone or
b. He is not authorized by judicial order to together any petition to the authorities
enter to enter the dwelling and/or to for the correction or redress of
make a search therein for paper or grievances
other effects Elements
Acts 129- Search warrants maliciously obtained a. The offender is a public officer or
and abuse in the service of those legally employee
obtained b. That he performs any of the acts
Acts Punishable mentioned

1. By procuring a search warrant without Section 4- Crimes against Religious Worship


just cause. Art 132- Interruption of Religious Worship
a. The offender is a public officer
or employee 1. The offender is a public officer or
b. He procures a search warrant employee
c. No just cause 2. That religious ceremonies or
2. By exceeding his authority or by using manifestation of any religion are about
unnecessary severity in executing a to take place or going on
search warrant legally procured. 3. The offender prevents or disturbs the
a. The offender is a public officer same.
or employee
b. He has legally procured a Art 133- Offending the religious feelings
search warrant 1. The acts complained of were performed
c. He exceeds his authority or (a) in a place devoted to religious
unnecessary severity in worship (b) during the celebration of
executing the same. any religious ceremony.
Art 130 Searching domicile without witness 2. The acts must be notoriously offensive
to the feeling of the faithful.
1. The offender is a public officer or
employee. Title Three- Crimes Against Public Order
2. That he is armed with search warrant Art 134- Rebellion or Insurrection
legally procured.
3. He searches the domicile, papers or 1. There is (a) public uprising and (b)
other belongings of any person. taking arms against the Government
4. The owner, or any member of his 2. The purpose of the uprising or
family, or two witness residing in the movement is either:
same locality are not present. a. To remove from the allegiance
to said Government or its law:
Section 3- Prohibition, interruption and i. The territory of the
dissolution of peaceful meeting Philippines or any part
Art 131- Prohibition, interruption and of it
dissolution of peaceful meeting ii. Any body of land, naval
or other armed forces.
Acts Punishable b. To deprive the Chief Executive
or Congress, wholly or partially

Rolan Jeff A. Lancion


Arellano University School of Law Page 3
Elements of Crimes- Criminal Law

of any of their power or b. To prevent the National


prerogatives. Government or any public
officer thereof from freely
exercising its or his functions, or
Art 134-A Coup d’etat prevent the execution of any
administrative order.
1. The offender is a person/s belonging to c. To inflict any act of hate or
the military or police or holding any revenge upon the person or
public office/employment. property of any public officer or
2. It is committed by means of a swift employee
attack accompanied by violence, d. To commit for any political or
intimidation, threat or stealth. social end any act of hate or
3. The attach is directed against duly revenge against private persons
constituted authorities of the or any social class
Philippines, any military camp or e. To despoil, for any political or
instillation, communication networks, social end, any person,
public utilities or other facilities needed municipality or province, or
for the exercise and continued National Government of all its
possession of power. property or any part thereof.
4. The purpose of the attack is to seize or
diminish state power. Art 142- Inciting to sedition

Art 136. Conspiracy and proposal to commit Acts punishable


coup d’etat and rebellion/insurrection 1. Inciting others to the accomplishment
Conspiracy to commit rebellion- Two or more of any of the acts which constitutes
persons come to an agreement to rise publicly sedition by means of speeches,
and take arms against the government. proclamation, writing, emblems.
2. Uttering seditious words or speeches
Proposal to commit rebellion- Persons who has which disturbs the public peace.
decided to rise publicly and take arms against 3. Writing, publishing or circulating
the Government for any purpose of rebellion. scurrilous libels against the Government

Art 137- Disloyalty of public officer/employees Elements

1. The offender is a public officer or 1. The offender does not take direct part
employee in the crime of sedition
2. Failing to resist a rebellion by all the 2. He incites others to the
means in their power accomplishment of any of the acts
3. By continuing to discharge the duties of which constitute the sedition.
their offices under the control of the 3. Inciting is done by means of speeches,
rebels proclamations, writings, emblems,
4. Accepting appointment to office under cartoons, banners, or other
them. representation tending to the same
end.
Art 138- Sedition
Art 143- Acts Tending to prevent the meeting
1. The offender rise (a) publicly and (b)
of the Assembly and similar bodies
tumultuously
2. They employ force, intimidation or 1. There be a projected or actual meeting
other means outside of legal methods. of the National Assembly or any of its
3. The offender employ any of those committees/subcommitteess,
means to attain any of the following: constitutional committees or divisions
a. Prevent the promulgation or or any provincial/city board.
execution of any law or the 2. The offender may be any person
holding of any popular election. prevents such meeting by force or
fraud.

Rolan Jeff A. Lancion


Arellano University School of Law Page 4
Elements of Crimes- Criminal Law

Art 144- Disturbance of proceedings a. The offender (any person) use force,
intimidation, threats or fraud
1. There be a projected or actual meeting b. The purpose of the offender is to
of the National Assembly or any of its prevent any member of the National
committees/subcommitteess, Assembly from
constitutional committees or divisions a. Attending the meetings of the
or any provincial/city board. assembly
2. The offender does any of the following b. Expressing his opinions
acts: c. Casting his votes
a. Disturbs any of such meeting 2. By arresting or searching any members
b. Behaves while in the presence thereof while the Assembly is in regular
of any such bodies in such
or special session except in case such
manner as to interrupt its member has committed a crime
proceedings or to impair the punishable under RPC by a penalty
respect due it. higher than prision mayor.
Art 143- Acts tending to prevent the meeting Elements
of the Assembly and similar bodies
a. The offender is a public officer or
1. There be a projected or actual meeting employee
of the National Assembly or any of its b. He arrests or searches any member of
committees or subcommittees, the National Assembly
constitutional committees or divisions c. The Assembly, at the time of the arrest
thereof. or search is in regular or special
2. The offender who may be any person sessions
prevents such meeting by force or d. The member arrested or searched has
fraud. not committed a crime punishable
Art 144- Disturbance of proceeding under the RPC by a penalty higher than
prision mayor.
1. There be a meeting of the National
Assembly or any of its committees or Art 146- Illegal Assemblies
subcommittees, constitutional Acts Punished
committees or divisions thereof.
2. The offender does any of the following 1. Any meeting attended by armed
acts: persons for the purpose of committing
a. Disturbs any of such meetings. any of the crimes punishable under the
b. Behaves while in the presence Code.
of any such bodies in such
manner as to interrupt its Requisites
proceedings or to impair the 1. There is a meeting,
respect due it. gathering or group of
persons whether in a
fixed place or moving.
Art 145- Violation of Parliamentary Immunity 2. The meeting is
attended by armed
Acts Punishable persons.
1. By using force, intimidation, threats or 3. The purpose of the
frauds to prevent any member of the meeting is to commit
National Assembly from (1) attending any of the crimes
the meeting of the Assembly or any of punishable under the
its committees or subcommittees (2) RPC.
expressing his opinions or (3) Casting 2. Any meeting in which the audience
his votes. whether armed or not, is incited to the
commission of the crime of treason,
Elements rebellion or insurrection, sedition or

Rolan Jeff A. Lancion


Arellano University School of Law Page 5
Elements of Crimes- Criminal Law

assault upon a person in authority or actual performance of official duties or


agents. that he is assaulted, (2) by reason of the
past performance of official duty.
Requisites d. The offender knows that the one he is
1. There is a meeting, gathering or group assaulting is a person in authority or his
of persons, whether in a fixed place or agent in the exercise of his duties.
moving. e. There is no public uprising
2. The audience, whether or not, is incited Art 149- Indirect Assault
to the commission of the crime of
treason, rebellion or insurrection, 1. A person in authority or his agent is the
sedition, or direct assault. victim of any of the forms of direct
assault defined in Art 148.
Art 147- Illegal Association 2. A person comes to the aid of such
1. Associations totally or partially authority or his agent.
organized for the purpose of 3. The offender makes use of force or
committing any crimes punishable intimidation upon such person coming
under the RPC. to the aid of the authority or his agent.
2. Associations totally or partially Art 150- Disobedience to summons issued by
organized for the purpose contrary to the National Assemblies, its committees or
public morals. subcommittees, by the Constitutional
Art 148- Direct Assaults Commission, its committees, subcommittees
or divisions
Acts Punishable
Acts Punishable
1. Without public uprising, by employing
force or intimidation for the attainment 1. Refusing without legal excuse, to obey
of any of the purpose enumerated in summons of the National Assembly.
defining the crimes of rebellion and 2. By refusing to be sworn or placed under
sedition. affirmation while being before such
legislative or constitutional body.
Elements 3. By refusing to answer any legal inquiry
or to produce any books, papers,
a. The offender employs force or
documents when required the to do so
intimidation
in the exercise of their functions.
b. The aim of the offender is to attain
4. By restraining another from attending
any of the purposes of the crime of
as a witness in such legislative or
rebellion or any of the objects in
constitutional body.
the crime of sedition.
5. By inducing disobedience to a summons
c. No public uprising.
or refusal to be sworn by any such body
2. By attacking, employing force, or by
or official.
seriously intimidating or seriously
resisting any person in authority or any Art 151- Resistance and disobedience to a
of his agents, while engaged in the person in authority or the agents of such
performance of official duties or on the person
occasion of such performance.
Par 1. Resistance and serious disobedience
Elements
1. A person in authority or his agent is
a. The offender (1) makes an attack, (2) engaged in the performance of official
employs force, (3) makes a serious duty or gives a lawful order to the
intimidation or (4) makes a serious offender.
resistance. 2. The offender resists or seriously
b. The person assaulted is a person in disobeys
authority or his agent. 3. The act of the offender is not included
c. At the time of the assault the person in in Art 148-150
authority or his agent (1) engaged in the

Rolan Jeff A. Lancion


Arellano University School of Law Page 6
Elements of Crimes- Criminal Law

Par 2. Simple Disobedience 4. Causing any disturbance or scandal in


public place while intoxicated or
1. An agent of a person in authority is otherwise provided in Art 153.
engaged in the performance of official
duty or gives a lawful order to the Art 155- Delivering prisoners from jail
offender.
2. The offender disobeys such agent of a 1. There is person confined in a jail or
person in authority. penal establishment.
3. That such disobedience is not of a 2. The offender removes therefrom such
person or helps the escape of such
serious nature.
person.
Art 152- Persons in authority and agents of
persons in authority Art 156- Evasion of service of sentence

1. Municipal mayor 1. The offender is a convict by final


2. Division superintendent of schools judgment.
3. Public and private school teachers 2. He is serving his sentence which
consists of deprivation of liberty.
4. Teacher-nurse
5. President of sanitary divisions 3. He evades the service of his sentence
6. Provincial fiscal by escaping during the term of his
7. Judges sentence.
8. Municipal Councilor Art 158- Evasion of service of sentence on the
9. Barrio Captain/ Chairman occasion of disorders, conflagrations,
Art 153- Tumults and other disturbance of earthquakes or other calamities.
public order 1. The offender is a convict by final
Acts punished judgment, who is confined in a penal
institution.
1. Causing any serious disturbance in a 2. There is disorder, resulting from-
public place, office or establishment. a. Conflagration
2. Interrupting or disturbing b. Earthquake
performances, functions or gathering or c. Explosion
peaceful meeting. d. Similar catastrophe
3. Making any outcry to incite rebellion or e. Mutiny in which he has not
sedition in any meeting, association or participated
public places. 3. The offender evades the service of his
4. Displaying placards or emblems which sentence by leaving the penal
provoke a disturbance of public order in institution where he is confined on the
such place. occasion of such disorder or mutiny.
5. Burying with pomp the body of a 4. The offender fails to give himself up to
person who has been legally executed. the authorities within 48hrs following
the issuance of a proclamation by the
Art 154- Alarms and scandals Chief Executive announcing the passing
Acts punished away of such calamity.

1. Discharging any firearm, rocket, Art 159- Other cases of evasion of service of
firecracker or other explosive within sentence
any town or public place.
1. The offender was a convict
2. Instigating or taking an active part in 2. He was granted a conditional pardon by
any charivari or other disorderly the Chief Executive.
meeting offensive to another or 3. He violated any of the condition of such
prejudicial to public tranquility. pardon.
3. Disturbing the public peace while
wandering about a night or while Art 160- Commission of another crime during
engaged in any other nocturnal service of penalty imposed for another
amusement. previous offense

Rolan Jeff A. Lancion


Arellano University School of Law Page 7
Elements of Crimes- Criminal Law

1. The offender was already convicted by 1. Possession of coin, counterfeited or


final judgment of one offense. mutilated by another person with
2. He committed a new felony before intent to utter the same, knowing that
beginning to serve such sentence or it is false or mutilated.
while serving the same. a. Possession
b. Intent to utter
c. Knowledge
Title Four- Crimes Against Public Interest 2. Actually uttering such false or mutilated
coin, knowing the same to be false or
Art 161- Counterfeiting the great seal of the mutilated.
Government a. Actually uttering
b. Knowledge
Acts Punished
Art 166- Forging Treasury or bank notes or
1. Forging the Great Seal of the
other documents payable to bearer; importing
Government of the Philippines.
and uttering such false or forged notes and
2. Forging the signature of the President
documents
3. Forging the stamp of the President
Acts Punished
Art 162- Using forged signature or counterfeit
seal or stamp 1. Forging or falsification of treasury or
bank notes or other documents payable
1. The great seal of the Republic was
to bearer.
counterfeited or the signature/ stamp
2. Importation of such false or forged
of the Chief Executive was forged by
obligation or notes.
another person.
3. Uttering of such false or forged
2. The offender knew of the counterfeiting
obligation or notes in connivance with
or forgery
the forgers or importers
3. He used the counterfeit seal, forged
signature or stamp. Art 167- Counterfeiting, importing and uttering
instruments not payable to bearer
Art 163- Making and importing and uttering
false coins 1. There be an instrument payable to
order or other document of credit not
1. There be false or counterfeited coins.
payable to bearer
2. The offender either made, imported or
2. The offender forged, imported or
uttered such coins
uttered such instrument.
3. In case of uttering such false or
3. In case of uttering, he connived with
counterfeited coins, he connived with
the forger or importer.
the counterfeiters or importers.
Art 168- Illegal possession and use of false
Art 164- Mutilation of Coins
treasury or bank notes and other instruments
Acts punished of credit

1. Mutilating coins of the legal currency 1. Any treasury or bank note or certificate
with the further requirements that or other obligation and security payable
there be intent to damage or to defraud to bearer or any instrument payable to
another. order or other documents of credit not
2. Importing or uttering such mutilated payable to bearer is forged or falsified
coins, with the further requirement that by another person.
there must be connivance with the 2. The offender knows that any of those
mutilator or importer. instruments is forged or falsified.
3. The offender performs any of the
Art 165- Selling of false or mutilated coins, following acts:
without connivance a. Using any of such forged or
falsified instruments
Acts Punished

Rolan Jeff A. Lancion


Arellano University School of Law Page 8
Elements of Crimes- Criminal Law

b. Possessing with intent to use of g. Issuing in authenticated


any of such forged or falsified form a document
instruments purporting to be a copy of
an original document when
Art 169- How forgery is committed no such original document
1. By giving to a treasury or bank note or exist.
any instrument payable to bearer or to h. Intercalating any
order mentioned, the appearance of instrument or note relative
true and genuine document. to the issuance thereof in a
2. By erasing, substituting, counterfeiting protocol, registry or official
or altering by any means the figures, book.
letters, words or signed contained 4. In case the offender is an ecclesiastical
therein. minister, the act of falsification is
committed with respect to any record
Art 170- Falsification of legislative documents or document of such character that its
falsification may affect the civil status of
1. There be a bill, resolution or ordinance
the person.
enacted or approved or pending
approval by either House of the Art 172- Falsification by private individuals and
Legislature or any provincial board or use of falsified documents
council.
2. The offender alters the same Acts Punished
3. The offender has no proper authority 1. Falsification of public, official or
4. The alteration has changed the meaning commercial document by a private
of the document. individual. (Par 1.)
Art 171- Falsification by public officer, a. The offender is a private
employee or notary or ecclesiastical matter individual or a public officer or
employee who did not take
1. The offender is a public officer, advantage of his official
employee or notary public. position.
2. He takes advantage of his official b. He committed any of the acts of
position. falsification enumerated Art
3. He falsifies a document by committing 171.
any of the following acts: c. The falsification was committed
a. Counterfeiting or imitating in a public or official
any handwriting, signature commercial document.
or rubric. 2. Falsification of private documents by
b. Causing it to appear that any person. (Par 2.)
person have participated in a. The offender committed any
any act or proceeding when acts of falsification except
they did not in fact so issuing in an authenticated
participate. form a document purporting to
c. Attributing to person who be a copy of an original
have participated in an act document when no such
or proceeding statements original exist.
other than those in face b. The falsification was committed
made by them. by any private individual.
d. Making untruthful c. The falsification caused damage
statements in a narration to a third party or at least the
e. Altering true dates. falsification was committed
f. Making any alteration or with intent to cause such
intercalation in a genuine damage.
document which changes 3. Use of falsified document (Par 3.)
its meaning
Judicial Proceeding

Rolan Jeff A. Lancion


Arellano University School of Law Page 9
Elements of Crimes- Criminal Law

a. Offender knew that a document thereof was with intent to


was falsified by another person. cause such prejudice
b. The false document is 3. Using of falsified message
embraced in Art 171 or par 1,2
of Art 172 Art 174- False medical certificates, false
c. He introduced said document certificates of merit or service
as evidence in any judicial Persons liable
proceeding
1. Any physician or surgeon
Any other transaction 2. Any public officer who shall issue a false
a. Offender knew that a document certificate of merit or service.
was falsified by another person. 3. Private individual who falsified a
b. The false document is certificate under par (1) and (2)
embraced in Art 171 or par 1,2 Art 175- Using false certificates
of Art 172.
c. He used such document 1. Physician or surgeon had issued a false
d. The use of the false document medical certificate or public officer had
caused damage to another or at issued a false certificate of merit or
least it was used with intent to service, good conduct, or similar
cause such damage circumstances, or a private person had
falsified any of the said certificates.
Art 173- Falsification of wireless, cable, 2. The offender knew that the certificate
telegraph and telephone messages and use of was false.
said falsified messages 3. The offender used the same.
1. Uttering fictitious wireless, telegraph or Art 176- Manufacturing and possession of
telephone message instruments or implements for falsification
a. The offender is an officer or
employee of the government, Acts Punishable
private corporation engaged in
1. Making or introducing into the
the service of sending or
Philippines any stamps, dies, marks or
receiving wireless, cable or
other instruments or implement for
telephone message.
counterfeiting or falsification.
b. The offender commits any of
2. Possessing with intent to use the
the following acts:
instruments or implements for
i. Uttering fictitious
counterfeiting or falsification made in
wireless cable,
or introduced into the Philippines by
telegraph or telephone
another person.
message.
ii. Falsifying wireless, Art 177- Usurpation of authority or
cable, telegraph or official functions
telephone message
2. Falsifying wireless, telegraph or Acts Punishable
telephone message.
1. By knowingly and falsely representing
a. The accused knew that
oneself to be an officer, agent or
wireless, cable, telegraph or
representative of any department or
telephone message was
agency of the Philippine or foreign
falsified by any of the person
government.
specified in par (1) of Art 173.
2. By performing any act pertaining to any
b. The accused used such falsified
person in authority or public officer of
dispatch.
the Philippine Government or of a
c. The use of the falsified dispatch
foreign government or any agency
resulted in the prejudice of
under pretense of official position and
third party, or that the use
without being lawfully entitled to do so.

Rolan Jeff A. Lancion


Arellano University School of Law Page 10
Elements of Crimes- Criminal Law

Art 178- Using fictitious name and concealing 2. The statement or affidavit was made
true name before a competent officer authorized
to receive and administer oath.
1. The offender uses a name other than 3. In that statement or affidavit, the
his real name accused made a willful and deliberate
2. That he uses fictitious name publicly assertion of a falsehood.
3. The purpose of the offender is 4. The sworn statement or affidavit
a. To conceal a crime containing the falsity is required by law.
b. To evade the execution of a
judgment
c. To cause damage to public
interest Art 184- Offering false testimony in evidence

Art 179- Illegal use of uniforms or insignia 1. The offender offered in evidence a false
witness or testimony
1. The offender makes use of insignia, 2. He knew the witness or the testimony
uniform or dress. was false.
2. The insignia, uniform or dress pertains 3. The offer was made in a judicial or
to an office not held by the offender or official proceeding
to a class of person of which he is not a
member. Art 185- Machinations in public auctions
3. Said insignia, uniform or dress is used 1. Soliciting any gift or promise
publicly and improperly. a. There be a public auction
Art 180- False testimony against a defendant b. The accused solicited any gift or
promise from any of the
1. There be a criminal proceeding bidders
2. The offender testifies falsely under oath c. That such gift or promise was
against the defendant therein the consideration for his
3. The offender who gives false testimony refraining from taking part in
knows that it is false. that public auction
4. The defendant against whom the false d. The accused had the intent to
testimony is given is either acquitted or cause the reduction of the
convicted in a final judgment. priced of the thing auctioned.
2. Attempting to cause bidders to stay
Art 181- False testimony against favorable to away
the defendant a. There be a public auction
Art 182- False testimony in Civil Case b. The accused attempted to
cause the bidders to stay away
1. The testimony must be given in a civil from that public auction.
case. c. It was done by threats, gifts,
2. The testimony must relate to the issues promises or any other artifice.
presented in said case. d. The accused had the intent to
3. The testimony must be false cause the reduction of the price
4. The false testimony must be given by of the thing auctioned.
the defendant knowing the same to be
false. Art 186- Monopolies and combinations in
5. The testimony must be malicious and restraint of trade
given with an intent to affect the issues Acts Punishable
presented in said case.
1. Combination to prevent free
Art 183- Perjury competition in the market
1. The accused made a statement under 2. Monopoly to restrain free competition
oath or executed an affidavit upon a in the market.
material matter. 3. Manufacturer, producer, or processor
or importer combining, conspiring or
agreeing with any person to make
Rolan Jeff A. Lancion
Arellano University School of Law Page 11
Elements of Crimes- Criminal Law

transactions prejudicial to lawful selling of such goods. (Fraudulent


commerce or to increase the market designation of origin)
price of merchandise. 3. By procuring fraudulently from the
patent office the registration of trade
Art 187- Importation and disposition of falsely name, mark or service mark.
marked articles or merchandise made of gold,
silver or other precious metals or alloys. RA 9165- Comprehensive Dangerous Drug Act
of 2002
1. The offender imports, sells or disposes
of any of those articles or merchandise. Acts Punishable
2. The stamps, brands or marks of those
articles of merchandise fail to indicate 1. Importation of dangerous drugs and/or
the actual fineness or quality of said controlled precurosors and essential
metals or alloys chemicals.
3. The offender knows that the stamps, 2. Sale, trading, administration,
brands or marks fail to indicate the dispensation, delivery, distribution and
actual fineness or quality of the metals transportation of dangerous drugs
or alloys. and/or controlled precursors and
essential chemicals.
Art 188- Substituting and altering trademarks, 3. Maintenance of a dangerous drugs den,
names or service marks dive or resort.
4. Being employee or visitors of a
Acts Punishable dangerous drug den, dive or resort.
1. By (a) substituting the tradename or 5. Manufacture of dangerous drugs
mark of some other manufacturer or and/or controlled precursors and
dealer or a colorable imitation for the essential chemicals
trade name or mark of the real 6. Illegal chemicals diversion of controlled
manufacturer or dealer upon any article precursors and essential chemicals.
of commerce and (b) selling the same. 7. Manufacture or delivery of equipment,
2. Selling or by offering for sale such instrument apparatus and other
articles of commerce, knowing that the paraphernalia for dangerous drugs
tradename or mark has been and/or controlled precursors and
fraudulently used. essential chemicals.
3. Using or substituting the service mark 8. Possession of dangerous drugs
of some other person or colorable 9. Possession of equipment, instrument,
imitation of such mark, in the sale or apparatus and other paraphernalia of
advertising of such services. dangerous drugs
4. Printing, lithographing or reproducing 10. Possession of dangerous drugs during
the tradename, mark or service mark of parties, social gatherings or meetings
one person. 11. Possession of equipment, instrument,
apparatus and other paraphernalia for
Art 189- Unfair Competition, fraudulent dangerous drugs during parties, social
registration of trade name, mark or service gatherings or meetings.
mark, fraudulent designation of origin and 12. Use of dangerous drugs
description 13. Cultivation or culture of plants classified
as dangerous drugs or are sources
Acts Punishable
thereof
1. Selling his goods, giving them the 14. Failure to maintain and keep original
general appearance of the goods of records of transactions on dangerous
another manufacturer or dealer. (Unfair drugs
Competition) 15. Unnecessary prescription of dangerous
2. By (a) affixing to his goods or using in drugs
connection with his service a false 16. Unlawful prescription of dangerous
designation of origin, or false drugs
description or representation and (b)
Title Six- Crimes Against Public Morals

Rolan Jeff A. Lancion


Arellano University School of Law Page 12
Elements of Crimes- Criminal Law

Art 195- Gambling 2. Any person found loitering about public


or semi-public buildings or place or
Art 196- Importation, sale and possession of wandering without visible means of
lottery tickets or advertisements support.
Art 197- Betting in sports contest 3. Any idle or dissolute person who lodges
in houses of ill-fame, ruffians or pimps
Art 198- Illegal betting on horse races and those who habitually associate with
prostitutes.
Art 199- Illegal cockfighting
4. Any person not being included in any
Art 200- Grave Scandal provision of this code, shall be found
loitering in any inhabited or
1. The offender performs an act or acts uninhabited place belonging to another
2. Such act/s be highly scandalous as without any lawful or justifiable
offending against decency or good purpose
customs 5. Prostitutes
3. The highly scandalous conduct is not
expressly falling within any other article Title Seven- Crimes Committed by Public
of this code. Officers
4. The act/s complained of be committed
Art 203- Who are public officers
in a public place or within the public
knowledge or view 1. Taking part in the performance of
public functions in the government
Art 201- Immoral doctrines, obscene
2. His authority to take part in the
publications and exhibitions and indecent
performance of public functions or to
shows
perform public duties must be
1. Who publicly expound or proclaim a. Direct provision of the law
doctrines openly contrary to public b. Popular election
morals c. Appointment by competent
2. A. The authors of obscene literature, authority
published with their knowledge in any
Art 204- Knowingly rendering unjust judgment
form, the editors publishing such
literature and owners/operator of the 1. The offender is a judge
establishment selling the same. 2. He renders a judgment in a case
submitted to him for decision
B. In theaters, fairs, cinematographs or
3. The judgment is unjust
other place who shall proscribed by
4. The judge knows that his judgment is
virtue of (1) glorify criminals or condone
unjust
crimes, (2) serve no other purpose but
to satisfy the market for violence, lust Art 205- Judgment rendered through
or pornography (3) offend any race or negligence
religion (4) tend to abet traffic in and
use of prohibited drugs (5) acts contrary 1. The offender is a judge
to law, public order, moral, good 2. He renders a judgment in a case
customs, established policies, lawful submitted to him for decision
orders, decrees and edicts. 3. The judgment is manifestly unjust
4. It is due to his inexcusable negligence or
3. Sell, give away or exhibit films, prints, ignorance
engravings, sculptures or literatures which are
offensive to morals. Art 206- Unjust interlocutory order

Art 202. Vagrants and Prostitutes 1. The offender is a judge


2. He performs any of the following acts:
1. Any person having no apparent means a. Knowingly renders unjust
of subsistence, who has the physical interlocutory order or decree
ability to work and who neglects to b. Renders a manifestly unjust
apply himself to some lawful calling interlocutory order or decree

Rolan Jeff A. Lancion


Arellano University School of Law Page 13
Elements of Crimes- Criminal Law

through inexcusable negligence 1. By agreeing to perform or by


or ignorance performing, in consideration of any
offer, promise, gift or present- an act
Art 207- Malicious delay in the administration constituting a crime, in connection with
of justice the performance of his official duties
1. The offender is a judge 2. By accepting a gift in consideration of
2. There is a proceeding in his court the execution of an act which does not
3. He delays in the administration of constitute a crime, in connection with
justice the performance of his official duty
4. The delay is malicious, that is, the delay 3. By agreeing to refrain or by refraining,
is caused by the judge with deliberate from doing something which it is his
intent to inflict damage on either party official duty to do, in consideration of
in the case gift or promise

Art 208- Prosecution of offenses; negligence Elements


and tolerance a. The offender be a public officer
Acts Punishable within the scope of Art 203.
b. The offender accepts an offer
1. Maliciously refraining from instituting or a promise or receives a gift
prosecution against violators of the law. or present by himself or
2. Maliciously tolerating the commission through another.
of the offense. c. Such offer or promise be
a. The offender is a public officer accepted, or gift or present
or officer of the law who has received by the public officer
the duty to cause the i. With a view to
prosecution of or to prosecute committing some crime
offense ii. In consideration of the
b. There is a dereliction of the execution of an act
duties of his office which does not
c. The offender acts with malice constitute a crime bu
and deliberate intent to favor the act must be unjust
the violators of the law iii. To refrain from doing
something which it is
Art 209- Betrayal of trust by an attorney or
his official duty to do
Solicitor
d. The act which the offender
Acts Punishable agrees to perform or which he
executes be connected with the
1. Causing damage to his client either (1) performance of his official
any malicious breach of professional duties.
duty, (2) by inexcusable negligence or
ignorance Art 211- Indirect Bribery
2. Revealing any of the secrets of his
1. The offender is a public officer
clients learned by him in his
2. He accepts gifts
professional capacity
3. The said gifts are offered to him by
3. Undertaking the defense of the
reason of his office
opposing party in the same case
without the consent of his first client Art 211-A Qualified Bribery
after having undertaken the defense of
said client or after having received 1. The offender is a public officer
confidential information from said entrusted with law enforcement
client 2. The offender refrains from arresting or
prosecuting an offender who has
Art 210- Direct Bribery committed a crime punishable by
reclusion perpetua and/or death
Acts Punishable

Rolan Jeff A. Lancion


Arellano University School of Law Page 14
Elements of Crimes- Criminal Law

3. The offender refrains from arresting or use of any other scheme with regard to
prosecuting the offender in (1) furnishing supplies, (2) making of
consideration of any promise, gift or contracts (3) The adjustment or
present. settlement of accounts relating to
public property or funds.
Art 212- Corruption of public officials d. The accused had intent to defraud the
1. The offender makes offers or promises government
or gives gifts or presents to a public Illegal Exactions
officer.
2. The offers or promises are made or the a. The offender is a public officer
gifts or presents given to a public entrusted with the collection of taxes,
officer, under circumstances that will licenses, fees and other imposts.
make the public officer liable for direct b. He is guilty of any of the following acts
or indirect bribery or omissions
a. Demanding, directly or
indirectly, the payment of sums
different from or larger than
those authorized by law.
Art 213- Frauds and Illegal Exactions and b. Failing voluntarily to issue a
Transaction receipt, as provided by law for
any sum of money collected by
Acts Punishable
him officially
1. By entering into an agreement with any c. Collecting or receiving, directly
interested part or speculator or making or indirectly, by way of
use of any other scheme, to defraud the payment or otherwise, things or
Government, in dealing with any person objects of a nature different
with regard to furnishing supplies, the from that provided by law.
making of contracts, or adjustment or
Art 214- Other frauds
settlement of accounts relating to
public property/funds. 1. The offender is a public officer
2. By demanding, directly or indirectly, the 2. He takes advantage of his official
payment of sums different from or position
larger than those authorized by law, in 3. He commits any of the frauds: Estafa,
the collection of taxes, licenses, fees Other forms of Swindling, Swindling a
and other imposts. minor and other deceits.
3. By failing voluntarily to issue a receipt
as provided by law for any sum of Art 215- Prohibited Transactions
money collected by him officially, in the 1. The offender is an appointive public
collection of taxes, licenses, fees and officer
other imposts.
2. He becomes interested, directly or
4. By collecting or receiving, directly or indirectly, in any transaction of
indirectly, by way of payment or exchange or speculation.
otherwise, things or objects of a nature 3. The transaction takes place within the
different from that provided by law in territory subject to his jurisdiction.
the collection of taxes, licenses, fees 4. He becomes interested in the
and other imposts. transaction during his incumbency.
Frauds against public treasury (par. 1)
Art 216- Possession of prohibited interest by a
a. The offender is a public officer public officer
b. He should have taken advantage of his Officers Liable
office, that is, he intervened in the
transaction in his official capacity. 1. Public Officers
c. He entered into an agreement with any 2. Experts, arbitrator and private
interested party or speculator or made accountants

Rolan Jeff A. Lancion


Arellano University School of Law Page 15
Elements of Crimes- Criminal Law

3. Guardians and executors a. The offender is a public officer


b. There is a public fund or property under
his administration
Art 217- Malversation of Public funds or c. Such public fund or property has been
property appropriated by law or ordinance
d. He applies the same to a public use
Acts Punishable other than that for which such fund or
property has been appropriated by law
1. By appropriating public funds or
or ordinance.
property
2. By taking or misappropriating the same Art 221- Failure to make delivery of public
3. By consenting through abandonment or funds or property
negligence, permitting any other person
to take such public funds or property Acts Punishable
4. Being otherwise guilty of the 1. By failing to make payment by a public officer
misappropriation or malversation of who is under obligation to make such payment
such funds or property.
from Government funds in his possession.
Elements 2. By refusing to make delivery by a public
a. The offender be a public officer officer who has been ordered by competent
b. He had the custody or control of funds authority to deliver any property in his custody
or property by reason of the duties of or under his administration
his office.
Elements
c. Those funds or property were public
funds or property for which he was a. The public officer has Government
accountable funds in his possession.
d. He appropriated, took, misappropriated b. He is under obligation to make payment
or consented or through abandonment from such funds.
or negligence, permitted another c. He fails to make the payment
person to take them. maliciously.

Art 218- Failure of accountable officer to Art 222- Officers included


render accounts
Persons Liable
1. The offender is a public officer, whether
in the service or separated therefrom 1. Private individual, who in any capacity have
2. He must be an accountable officer for charge of any national or provincial funds,
public funds or property. revenue or property.
3. He is required by law or regulation to 2. Administrator or depository of funds or
render accounts to the Commission on property attached, seized or deposited by
Audit or Provincial auditor public authority, even if such property belongs
4. He fails to do so for a period of two to a private individual.
months after such accounts should be
rendered

Art 219- Failure of a responsible public officer Art 223- Conniving with or consenting to
to render accounts evasion

a. The offender is a public officer 1. The offender is a public officer


b. He must be an accountable officer for
2. He had in his custody or charge, a prisoner,
public funds or property
either detention prisoner or prisoner by final
c. He must have unlawfully left the
judgment
Philippines without securing from the
COA a certificate showing that his 3. Such prisoner escaped from his custody
accounts have been finally settled.

Art 220- Illegal use of public funds or property

Rolan Jeff A. Lancion


Arellano University School of Law Page 16
Elements of Crimes- Criminal Law

4. He was in connivance with the prisoner in the c. He opens or permits to be opened said
latter’s escape closed papers, documents or objects
d. He does not have proper authority
Art 224- Evasion through negligence
Art 229- Revelation of secrets by an officer
1. The offender is a public officer
1. Revealing any secrets known to the offending
2. He is charged with the conveyance or custody public officers by reason of his official capacity
of a prisoner, either detention prisoner or
prisoner by final judgment. a. The offender is a public officer

3. Such prisoner escapes through his negligence b. He knows of a secret by reason of his
official capacity
Art 225- Escape of prisoner under the custody
of a person not a public officer c. He reveals such secret without
authority or justifiable reason
1. The offender is a private person
d. Damages, great or small, be caused
2. The conveyance or custody of a prisoner or to the public interest
person under arrest is confined to him.
2. By delivering wrongfully papers or copies of
3. The prisoner or person under arrest escapes. papers of which he may have charge and which
4. The offender consents to the escape of the should not be punished
prisoner or person under arrest, or that the a. The offender is a public officer
escape takes place through his negligence.
b. He has charge of papers
Art 226- Removal, concealment or destruction
of documents c. Those papers should not be published

1. The offender be a public officer d. He delivers those papers or copies


thereof to a third person
2. He obstructs, destroys or conceals
documents or papers e. The delivery is wrongful

3. The said documents or papers should have f. Damage caused to public interest
been entrusted to such public officer by reason
of his office. Art 230- Public officer revealing secrets of
private individual
4. Damage, whether serious or not, to a third
party or to the public interest should have been a. The offender is a public officer
caused. b. He knows of the secrets of a private
individual by reason of his office
Art 227- Officer breaking seal c. He reveals such secrets without
authority or justifiable reason
1. The offender is a public officer
Art 231- Open disobedience
2. He is charged with the custody of papers or
property. a. The offender is a judicial or executive
officer
3. These papers or property are sealed by b. There is a judgment, decision or order
proper authority. of a superior authority
4. The offender breaks the seals or permits c. Such judgment, decision or order was
them to be broken. made within the scope of the
jurisdiction of the superior authority
Art 228- Opening of closed document and issued with all the legal formalities
d. The offender without any legal
a. The offender is a public officer
justification openly refuses to execute
b. Any closed papers, documents, or
the said judgment, decision or order,
objects are entrusted to his custody
which he is duty bound to obey.

Rolan Jeff A. Lancion


Arellano University School of Law Page 17
Elements of Crimes- Criminal Law

Art 232- Disobedience to order of superior 1. The offender is entitled to hold a public
officer, when said order was suspended by officer or employment, either by election or
inferior officer appointment.

a. The offender is a public officer 2. The law requires that he should first be
b. An order is issued by his superior for sworn in and/or should first give a bond.
execution
c. He has for any reason suspended the 3. He assumes the performance of the duties
execution of such order and powers of such office.
d. His superior disapproves the suspension 4. He has not taken his oath of office and/or
of the execution of the order given the bond required by law.
e. The offender disobeys his superior
despite the despite the disapproval of Art 237- Prolonging performance of duties and
the suspension powers

Art 233- Refusal of assistance 1. The offender is holding a public office

a. The offender is a public officer 2. The period provided by law, regulations or


b. A competent authority demands for the special provision for holding such office, already
offender that he lend his cooperation expired.
towards the administration of justice or
3. He continues to exercise the duties and
other public service
powers of such office
c. The offender fails to do so maliciously
Art 238- Abandonment of office or position
Art 234- Refusal to discharge elective office
1. The offender is a public officer
a. The offender is elected by popular
election to a public office 2. He formally resigns from his position
b. He refuses to be sworn in or to
discharge the duties of said office 3. His resignation has not yet been accepted
c. There is no legal motive for such refusal
4. He abandons his office to the detriment of
to be sworn in or to discharge the
the public office
duties of said office
Art 239- Usurpation of legislative powers
Art 235- Maltreatment of prisoners
1. The offender is an executive or judicial
1. The offender is a public officer or employee
officer.
2. He has under his charge a prisoner or
2. That (a) He makes general rules or regulation
detention prisoner
beyond the scope of his authority or (b)
3. He maltreats such prisoner in either of the attempts to repeal or (c) suspends the
following circumstances: execution thereof.

a. By overdoing himself in the correction or Art 240- Usurpation of executive functions


handling of a prisoner or detention prisoner
1. The offender is a judge
under his charger either
2. That he (a) assumes a power pertaining to
I. The imposition of punishments not
the executive authorities or (b) obstructs the
authorized by the regulations
executive authorities in the lawful exercise of
II. Inflicting such punishment in a cruel their powers.
and humiliating manner
Art 241- Usurpation of judicial functions
B. By maltreating such prisoner to extort a
1. The offender is an officer of the executive
confession or to obtain some information from
branch of the Government
the prisoner.

Art 236- Anticipation of duties of a public


officer

Rolan Jeff A. Lancion


Arellano University School of Law Page 18
Elements of Crimes- Criminal Law

2. That he (a) assumes judicial powers or (b) with the care and custody prisoners or persons
obstructs the execution of any order or decision under arrest.
rendered by any judge within his jurisidiction.
(c) wife, daughter, sister or relative within the
Art 242- Disobeying request for disqualification same degree or affinity of the person in the
custody of the offender.
1. The offender is a public officer
Title Eight- Crimes Against Persons
2. A proceeding is pending before such public
officer Art 246- Parricide

3. There is a question brought before the 1. A person is killed


proper authority regarding his jurisdiction,
which is not yet decided. 2. The deceased is killed by the accused

3. The deceased is the father, mother or child,


4. He has been lawfully required to refrain from
continuing the proceeding. whether legitimate or illegitimate, or a
legitimate other ascendants or descendants or
5. He continues the proceeding legitimate spouse of the accused

Art 243- Orders or request by executive Art 247- Death or physical injuries inflicted
officers to any judicial authority under exceptional circumstances

1. The offender is an executive officer 1. Legally married person or parent surprises his
spouse or his daughter, the latter under 18
2. He addresses any order or suggestion to any years of age and living with him, in the act of
judicial authority. committing sexual intercourse with another
3. The order or suggestion relates to any case or person.
business coming within the exclusive
2. He or she kills any or both, of them or inflicts
jurisdiction of the courts of justice. upon any or both of them any serious physical
Art 244- Unlawful appointments injury in the act or immediately thereafter.

1. The offender is a public officer 3. He has not promoted or facilitated the


prostitution of his wife or daughter, or that he
2. He nominates or appoints a person to a or she has not consented to the infidelity of the
public office other spouse.

3. Such person lacks the legal qualification Art 248- Murder


therefor.
Qualifying Circumstances
4. The offender knows that his nominee or
appointee lacks the qualification at the time he 1. With treachery, taking advantage of superior
made the nomination or appointment. strength, with the aid of armed men, or
employing means to weaken the defense or of
Art 245- Abuses against Chastity means or person to insure or afford impunity.

1. The offender is a public officer 2. In consideration of a price, reward, or


promise
2. He/she solicits or makes immoral or indecent
advances to a woman. 3. By means of intimidation, fire, poison,
explosion, shipwreck, stranding of a vessel,
3. Such woman must be:
derailment or assault upon a railroad, fall of an
(a) Interested in matters pending before airship, by means of motor vehichle or with the
the offender for decision or with respect to use of any another means involving great waste
which he is required to submit a report to or and ruin.
consult with a superior officer
4. Occasion of any calamities
(b) Under the custody of the offender who is a
5. With evident premeditation
warden or other public officer directly charged

Rolan Jeff A. Lancion


Arellano University School of Law Page 19
Elements of Crimes- Criminal Law

6. With cruelty, by deliberately and inhumanly Art 253- Giving assistance to suicide
augmenting the suffering of the victim.
Acts Punishable
Elements
1. By assisting another to commit suicide,
a. A person was killed whether the suicide is consummated or not.
b. The accused killed him
c. The killing was attended by any of the 2. By lending his assistance to commit suicide to
the extent of doing the killing himself.
qualifying circumstances
d. The killing is not parricide or infanticide Art 254- Discharge of firearm
Art 249- Homicide 1. The offender discharges a firearm against or
1. A person was killed at another person.

2. The offender has no intention to kill that


2. The accused killed him without any justifying
circumstances person.

3. The accused had the intention to kill, which is Art 255- Infanticide
presumed. 1. A child was killed
4. The killing was not attended by any of the 2. The deceased child was less than three days
qualifying circumstances of murder, parricide or (72 hrs) of age.
infanticide
3. The accused killed the said child
Art 251- Death caused in a tumultuous affray
Art 256- Intentional abortion
1. There be several persons
1. There is a pregnant woman
2. They did not compose groups organized for
the common purpose of assaulting and 2. Violence is exerted or drugs or beverages
attacking each other reciprocally. administered or that the accused otherwise acts
upon such pregnant woman
3. These several persons quarreled and
assaulted one another in a confused and 3. As a result of the use of violence or drugs or
tumultuous manner. beverages upon her or any other act of the
accused, the fetus dies, dies either in the womb
4. Someone was killed in the course of the or after having been expelled therefrom
affray.
4. The abortion is intended
5. It cannot be ascertained who actually killed
the deceased Art 257- Unintentional abortion

6. Person/s who inflicted serious physical 1. There is a pregnant woman


injuries or who used violence can be identified
2. Violence is used upon such pregnant woman
Art 252- Physical injuries inflicted in a without intending an abortion.
tumultuous affray
3. The violence is intentionally exerted
1. There is a tumultuous affray as referred to in
4. As a result of the violence the fetus dies,
the preceding article
either in the womb or after having been
2. A participant or some participants thereof expelled therefrom
suffer serious physical injuries or physical
Art 258- Abortion practiced by the woman
injuries of a less serious nature only.
herself or by her parents
3. The person responsible therefor cannot be
1. There is a pregnant woman who has suffered
identified.
an abortion
4. All those who appear to have used violence
2. The abortion is intended
upon the person of the offended party are
known.
Rolan Jeff A. Lancion
Arellano University School of Law Page 20
Elements of Crimes- Criminal Law

3. The abortion is caused by: Kinds

a. The pregnant woman herself 1. The injured person becomes insane, imbecile,
impotent or blind in consequence of the
b. any other person, with her consent physical injuries inflicted.
c. Any of her parents, with her consent 2. The injured person (a) loses the use of speech
for the purpose of concealing her or the power to hear or smell, eyesight, hand,
dishonor.
foot, arm or leg (b) loses the use of any such
Art 259- Abortion practiced by a physician or member or (c) becomes incapacitated for the
midwife and dispensing of abortives work in which je was therefore habitually
engaged.
1. There is a pregnant woman who has suffered
an abortion. 3. The injured person (a) becomes deformed,
(b) loses any other member of his body, (c)
2. The abortion is intended loses the use thereof and (d) becomes ill or
incapacitated for the performance of the work
3. The offender, who must be a physician or
in which he was habitually engaged for more
midwife, causes or assists in causing, the
than 90 days in consequence of the physical
abortion
injuries.
4. That said physician or midwife takes
4. The injured person becomes ill or
advantage of his or her scientific knowledge or
incapacitated for labor for more than 30 days in
skill.
consequence of the physical injuries.
Art 260- Responsibility of participants in a duel
Art 264- Administering injurious substance or
Acts Punishable beverages

1. Killing one’s adversary in a duel 1. The offender inflicted upon another any
serious physical injury.
2. Inflicting upon such adversary physical
injuries 2. It was done by knowingly administering to
him any injurious substance or beverages or by
3. Making a combat although no physical taking advantage of his weakness of mind or
injuries have been inflicted credulity

Art 261- Challenging to a duel 3. He had no intent to kill

Acts Punishable Art 265- Less serious physical injuries

1. Challenging another to a duel Kinds

2. Inciting another to give or accept a challenge 1. The offended party is incapacitated for labor
to a duel for 10 (ten) days or more or needs medical
attendance for the same period of time.
3. Scoffing at or decrying another publicly for
having refused to accept a challenge to fight a 2. The physical injuries must not be those
duel. described in the preceding article

Art 262- Mutilation Art 266- Slight physical injury

1. There be a castration, that is, mutilation of Kinds


organs necessary for generation such as the
penis or ovarium. 1. Physical injuries which incapacitated the
offended party for labor from one (1) to nine (9)
2. The mutilation is caused purposely and days or required medical attendance during the
deliberately, that is, to deprive the offended same period.
party of some essential organ for reproduction.
2. Physical Injuries which did not prevent the
Art 263- Serious physical injuries offended party from engaging in his habitual

Rolan Jeff A. Lancion


Arellano University School of Law Page 21
Elements of Crimes- Criminal Law

work or which did not require medical Art 267- Kidnapping and Serious Illegal
attendance. detention

3. Ill- treatment of another by deed without 1. The offender is a private individual


causing any injury.
2. He kidnaps or detains another or in any other
Art 266- A Rape manner deprives the latter of his liberty.

Par 1- Qualified Rape 3. The act of detention or kidnapping must be


illegal
1. The offender is a man
4. In the commission of the offense, any of the
2. The offender had carnal knowledge of a following circumstances is present:
woman
a. The kidnapping or detention last for more
3. Such act is accomplished under any of the
than 3 days.
following circumstances:
b. It is committed simulating public authority
a. Using force or intimidation
c. Any serious physical injuries are inflicted
b. The woman is deprived of reason or upon the person kidnapped or detained or
otherwise is unconscious. threats to kill him are made.
c. Means of fraudulent machination or d. The person kidnapped or detained is a minor,
grave abuse of authority female or a public officer.
d. The woman is under 12 years of age Art 268- Slight illegal detention
or demented
1. The offender is a private individual
Par 2- Rape Through Sexual Assault
2. He kidnaps or detains another or in any other
1. The offender commits an act of sexual assault manner deprives him of his liberty.
2. The act of sexual assault is committed by any 3. The act of kidnapping or detention is illegal
of the following means:
4. The crime is committed without the
a. Inserting his penis into another attendance of any of the circumstance
person’s mouth or anal orifice. enumerated in Art 267.
b. Inserting any instrument or object Art 269- Unlawful arrest
into the genital or anal orifice of
another person 1. The offender arrest or detains another
person.
3. The act of sexual assault is accomplished
under any of the following circumstances: 2. The purpose of the offender is to deliver
them to the proper authorities.
a. Using force or intimidation
3. The arrest or detention is not authorized by
b. The woman is deprived of reason or law or there is no reasonable ground therefor.
otherwise unconscious

c. Means of fraudulent machination or


grave abuse of authority

d. The woman is under 12 years of age Art 270- Kidnapping and failure to return a
or demented. minor

1. The offender is entrusted with the custody of


a minor person.
Title Nine- Crimes Against Personal Liberty and
Security 2. He deliberately fails to restore the said minor
to his parents or guardians.
Personal Liberty

Rolan Jeff A. Lancion


Arellano University School of Law Page 22
Elements of Crimes- Criminal Law

Art 271- Inducing a minor to abandon his home c. The accused can render assistance
without detriment to him
1. The minor is living in the home of his parents
or guardians or the person entrusted with his d. The accused fails to render assistance
custody.
2. Failing to help or render assistance to
2. The offender induces said minor to abandon another whom the offender has accidentally
such home. wounded or injured.

Art 272- Slavery 3. By failing to deliver a child, under 7 years of


age whom the offender has found abandoned,
1. The offender purchases, sells, kidnaps or to the authorities or to his family, or by failing
detains a human being. to take him to a safe place.
2. The purpose of the offender is to enslave Art 276- Abandoning a minor
such human being.
1. The offender has the custody of a child
Art 273- Exploitation of child labor
2. The child is under 7 years of age
1. The offender retains a minor in his service
3. He abandons such child
2. It is against the will of the minor
4. He has no intent to kill the when the latter is
3. It is under the pretext of reimbursing himself abandoned
of a debt incurred by ascendant, guardian or
person entrusted with the custody of such Art 277- Abandonment of minor by person
minor. entrusted with his custody

Art 274- Services rendered under compulsion Acts Punishable


in payment of debt
1. Abandonment of minor by one charged with
1. The offender compels a debtor to work for the rearing or education of said minor.
him, either as household servant or farm
laborer. a. The offender has charge of the
rearing or education of a minor.
2. It is against the debtor’s will
b. He delivers said minor to a public
3. The purpose is to require or enforce the institution or other persons.
payment of a debt.
c. The one entrusted such child to the
offender has not consented to such act or if the
one who entrusted such child to the offender is
Crimes Against Security
absent, the proper authorities have not
consented to it.

Art 275- Abandonment of persons in danger 2. Indifference of parents


and abandonment of one’s own victim a. The offender is a parent.
Acts Punishable
b. He neglects his children by not giving
1. By failing to render assistance to any person them education.
whom the offender finds in an uninhabited c. His station in life requires such
place wounded or in danger of dying when he education and financial condition
can render such assistance without detriment permits it.
to himself, unless such omission shall constitute
a more serious offense. Art 278- Exploitation of minors

a. Place is not inhabited Acts Punishable

b. The accused found there a person 1. Causing any boy or girl under 16years of age
wounded or in danger of dying to perform any dangerous feat of balancing

Rolan Jeff A. Lancion


Arellano University School of Law Page 23
Elements of Crimes- Criminal Law

strength or contortion, the offender being any d. The offender attains his purpose.
person.
2. Not subject to a condition
2. Employing children under 16 years of age
who are not the children or descendants of the a. The offender threatens another
offender in exhibitions of acrobat, gymnast, person with the infliction upon the
rope-walker or wild- animal tamer. latter’s person, honor or property or
upon that of the latter’s family of any
3. Employing any descendant under 12 years of wrong.
age in dangerous exhibitions enumerated.
b. Such wrong amounts to a crime

4. Delivering a child under 16 years of age c. The threat is not subject to a


gratuitously to any person following any of the condition
callings enumerated in par 2 or any habitual Art 283- Light threats
vagrant or beggar.
1. The offender makes a threat to commit a
5. Inducing any child under 16 years of age to wrong
abandon the home of its ascendants, guardians,
curators or teachers to any person engaged in 2. The wrong does not constitute a crime
any callings enumerated in par 2 or any habitual
3. There is a demand for money or that other
vagrant or beggar.
condition is imposed, even though not unlawful
Art 280- Qualified trespass to dwelling
4. The offender has attained his purpose or that
1. The offender is a private person he has not attained his purpose.

2. He enters the dwelling of another person. Art 285- Other light threats

3. Such entrance is against the latter’s will. Acts Punishable

Art 281- Other forms of trespass 1. Threatening another with a weapon, or by


drawing such weapon in a quarrel, unless it be
1. The offender enters the closed premises or in lawful self-defense.
the fenced estate of another
2. Orally threatening another, in the heat of
2. The entrance is made while either of them is anger, with some harm constituting a crime,
uninhabited. without persisting in the idea involved in his
3. The prohibition to enter should be manifest threat.

4. The trespasser has not secured the 3. Orally threatening to do another any harm
permission of the owner or the caretaker not constituting a felony
thereof Art 286- Grave Coercions
Art 282- Grave threats Acts Punishable
Acts Punishable 1. Preventing another, by means of violence,
1. The offender attained his purpose threats or intimidation from doing something
not prohibited by law.
a. The offender threatens another
person with the infliction upon the 2. Compelling another, by means of violence,
latter’s person, honor, or property or threats or intimidation from doing something
upon that of the latter’s family of any against his will, whether it be right or wrong.
wrong. Elements
b. Such wrong amounts to a crime 1. A person prevented another from doing
c. There is a demand for money or that something not prohibited by law or that he
any other condition is imposed, even compelled him to do something against his will,
though not unlawful. be it right or wrong.

Rolan Jeff A. Lancion


Arellano University School of Law Page 24
Elements of Crimes- Criminal Law

2. Prevention or compulsion be effected by 2. The purpose is to organize, maintain or


violence, threat, or intimidation. prevent coalitions of capital or labor, strike of
laborers or lockout of employers.
3. The person that restrained the will and
liberty of another had not the authority of law Art 290- Discovering secrets through seizures
or the right to do so. of correspondence

Art 287- Light coercions 1. The offender is a private individual or even a


public officer not in the exercise of his official
1. The offender must be a creditor function.
2. He seizes anything belonging to his debtor 2. He seizes the papers or letters of another
3. The seizure of the thing be accomplished by 3. The purpose is to discover the secrets of such
means of violence or a display of material force persons.
producing intimidation.
4. The offender is informed of the consents of
4. The purpose of the offender is to apply the the papers or letters seized
same to the payment of debt
Art 291- Revealing secrets with abuse of office
Art 288- Other similar coercions
1. The offender is a manager, employee or
Par 1- Elements
servant
1. The offender is any person, agent or officer of 2. He learns the secrets of his principal or
any association or corporation. master in such capacity.
2. He or such firm or corporation has employed 3. He reveals such secrets
has employed laborers or employees
Art 292- Revelation of industrial secrets
3. He forces or compels directly or indirectly or
knowingly permits to be forced or compelled, 1. The offender is a person in charge, employee
any of his or its laborers or employees to or workman of a manufacturing or industrial
purchase merchandise or commodities of any establishment.
kind from or from said firm or corporation.
2. The manufacturing or industrial
Par 2- Elements establishment has secret of the industry which
the offender has learned
1. The offender pays the wages due a laborer or
employee employed by him by means of tokens 3. The offender reveals such secrets
or objects.
4. Prejudice is caused to the owner
2. Those tokens or objects are other than the
Title TEN- Crimes Against Property
legal tender currency of the Phil.

3. Such employee or laborer does not expressly Art 293- Guilty of robbery
request that he be paid by means of tokens or 1. There be (a) personal property (b) belonging
objects. to another

2. There is (c) unlawful taking of that property


Art 289- Formation, maintenance and 3. The taking must be (d) with intent to gain
prohibition of combination of capital or labor
through violence or threats 4. There is (5) violence against or intimidation of
any person or force upon anything
1. The offender employs violence or threats, in
such a degree as to compel or force the laborers Art 294- Robbery with violence against or
or employers in the free and legal exercise of intimidation of persons
their industry or work.
Acts Punished

Rolan Jeff A. Lancion


Arellano University School of Law Page 25
Elements of Crimes- Criminal Law

1. By reason or on occasion of the robbery, the 3. Any member of a band who was present at
crime of homicide is committed. the commission of a robbery by the band, shall
be punished as principal of any of the assaults
2. The robbery is accompanied by rape or committed by the band.
intentional mutilation or arson.
Art 298- Execution of deeds by means of
3. By reason or on occasion of such robbery, violence or intimidation
any of the physical injuries resulting in insanity,
impotency or blindness 1. The offender has intent to defraud another

4. By reason or on occasion of robbery, any of 2. The offender compels him to sign, execute or
the physical injuries resulting in the loss of the deliver any public instrument or document
use of speech, or the power to hear or to smell,
eyesight, foot, arm, or leg or the loss of the use 3. The compulsion is by means of violence or
of any member or incapacity for the work in intimidation.
which the injured person habitually engaged. Art 299- Robbery in an inhabited house or
5. The violence or intimidation employed in the public building or edifice devoted to worship
commission of the robbery is carried to a Par 1- Robbery with force upon things
degree clearly unnecessary for the commission
of the crime. 1. The offender entered (a) inhabited place, or
(b) public building or (c) edifice devoted to
6.If the violence employed by the offender does religious worship.
not cause any of the serious physical injuries
defined in Art 263 or if the offender employs 2. The entrance was effected by any of the
intimidation only. following means:

Art 295- Robbery with physical injuries, a. Through an opening not intended for
committed in an uninhabited place and by a entrance or egress.
band or with the use of firearms
b. By breaking any wall, roof, or floor or
Qualifications: breaking any wall, roof or floor or
breaking any door or window
1. In uninhabited place
c. By using false keys, picklocks or
2. By a band similar tools
3. Attacking a moving train, street car, motor d. By using any fictitious or pretending
vehicle or airship. the exercise of public authority
4. Entering the passengers’ compartments in a 3. That once inside the building, the offender
train or in any manner taking the passengers took personal property belonging to another
thereof by surprise in the respective with intent to gain.
conveyances
Par 2- Robbery with force upon things
5. On a street, road, highway, or alley and the
intimidation is made with the use of firearms, 1. The offender is inside a dwelling house,
the offender shall be punished by the maximum public building or edifice devoted to religious
period allowed by Art 294. worship, regardless of the circumstances under
which he entered it.
Art 296- Definition of a band and penalty
incurred by the members thereof 2. The offender takes personal property
belonging to another with intent to gain, any of
1. At least four armed malefactors take part in the following circumstances:
the commission of a robbery, it is deemed
committed by a band a. By the breaking of doors, wardrobes,
chests or any other kind of locked or
2. Any of the arms used in the commission of sealed furniture or receptacle.
robbery is not licensed.

Rolan Jeff A. Lancion


Arellano University School of Law Page 26
Elements of Crimes- Criminal Law

b. Taking such furniture or objects away 2. Genuine keys stolen from the owner.
to be broken or forced open outside the
place of the robbery. 3. Any keys other than those intended by the
owner.
Art 300- Robbery in an uninhabited place and
by a band Art 306- Who are brigands

Art 301- What is an inhabited house, public 1. There be at least four armed persons
building or building dedicated to religious 2. They formed a band of robbers
worship
3. The purpose is any of the following:
Art 302- Robbery in an uninhabited place or in
a private building -To commit robbery in the highway.

1. The offender entered an uninhabited place or -To kidnap person for the purpose of extortion
a building which was not a dwelling house, not or to obtain ransom.
a public building or not an edifice devoted to
-To attain by means of force and violence any
religious worship.
other purpose.
2. Any of the following circumstance was
Art 307- Aiding and abetting a band of
present:
brigands
a. The entrance was effected through an
1. That there is a band of brigands
opening not intended for entrance or egress
2. That the offender knows the band to be of
b. A wall, roof, floor, or outside door/window
brigands.
was broken
3. That the offender does any of the following
c. The entrance was effected through the use of
acts:
false keys, picklocks, or other similar tools
-He is any manner aids, abeits or protects such
d. A door, wardrobe, chest or any sealed or
band of brigands
closed furniture receptacle was broken
-He gives them information of the movements
e. A closed or sealed receptacle was removed,
of the police or other peace officers of the
even if the same be broken open elsewhere.
Government
3. With intent to gain, the offender took
-He acquires or receives the property taken by
therefrom personal property belonging to
such brigands.
another.

Art 303- Robbery of cereals, fruits or firewood


in an uninhabited place or private building Chapter Three- THEFT

Art 308- Who are liable for theft


Art 304- Possession of picklocks or similar 1. That there be taking of personal property.
tools.
2. That said property belongs to another.
1. That the offender has in his possession
picklocks or similar tools. 3. That the taking be done with intent to gain.

2. That such picklocks or similar tools are 4. That the taking be done without the consent
specially adopted in the commission of robbery. of the owner.

3. That the offender does not have lawful cause 5. That the taking be accomplished without the
for such possession. use of violence against or intimidation of
persons or force upon things.
Art 305- False keys
Par 3- Hunting, fishing or gathering fruits, etc
1. The tools mentioned in the next preceding in enclosed estate
articles.
Rolan Jeff A. Lancion
Arellano University School of Law Page 27
Elements of Crimes- Criminal Law

1. That there is an enclosed estate or a field Art 311- Theft of the property of the National
where trespass is forbidden or which belongs to Library and National Museum
another

2. That the offender enters the same


CHAPTER FOUR- USURPATION
3. That the offender hunts or fishes upon the
same or gathers fruits, cereals or other Art 312- Occupation of real property or
usurpation of real rights in property
forest/farms products in the estate or field.

4. That the hunting or fishing or gathering of Acts Punishable


products is without the consent of the owner 1. By taking possession of any real property
belonging to another by means of violence
against or intimidation of persons.
Art 310- Qualified Theft
2. By usurping any real rights in property
1. If the theft is committed by a domestic belonging to another by means of violence
servant. against or intimidation of persons.

2. If the theft is committed with grave abuse of Elements:


confidence.
A. That the offender takes possession of any
3. If the property stolen is a (a) motor vehicle, real property or usurps any real rights in
(b) mail matter, or (c) large cattle. property.

4. If the property stolen consists of coconut B. That the real property or real rights belong to
taken from the premises of a plantation. another.

5. If the property stolen consists of coconuts C. That violence against or intimidation of


taken from the premises of a plantation. persons is used by the offender in occupying
real property or usurping real rights in property.
6. If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any D. That there is intent to gain.
other calamity, vehicular accident or civil
disturbance.
Art 313- Altering boundaries or landmarks

Anti-Fencing Crime 1. That there be boundary marks or monuments


of towns, provinces, or estates, or any other
1. The crime of robbery or theft has been marks intended to designate the boundaries of
committed. the same.

2. The accused, who is not a principal or 2. That the offender alters said boundary marks.
accomplice in the commission of the crime of
robbery or theft, buys, receives, possesses,
keeps, acquires, conceals, sells or disposes, or CHAPTER FIVE- CULPABLE INSOLVENCY
buys and sells, or in any manner deals in any
article, item, object or anything of value, which Art 314- Fraudulent insolvency
has been derived from the proceeds of the said
1. That the offender is a debtor; that is, he has
crime.
obligation due and payable.
3. The accused knows or should have known
2. That he absconds with his property.
that the said article, item, object or anything of
value has been derived from the proceeds of 3. That there be prejudice to his creditors.
the crime of robbery or theft.
Art 315- Swindling (Estafa)
4. There is on the part of the accused, intent to
gain for himself or another. Elements of Estafa in General

Rolan Jeff A. Lancion


Arellano University School of Law Page 28
Elements of Crimes- Criminal Law

1. That the accused defrauded another (a) by 2. That such false pretense, fraudulent act or
abuse of confidence, or (b) by means of deceit. means must be made or executed prior to or
simultaneously with the commission of fraud.
2. That damage or prejudice capable of
pecuniary estimation is caused to the offended 3. That the offended party must have relied on
party or third person. the false pretense, fraudulent act or means,
that is, he was induced to part with his money
Elements of Estafa with unfaithfulness or property because of his false pretense,
1. That the offender has an onerous obligation fraudulent act or means.
to deliver something of value. 4. That as a result thereof, the offended party
2. That he alters its substance, quantity or suffered damages.
quality. Estafa by false pretenses or fraudulent acts
3. That damage or prejudice is caused to executed prior to or simultaneously with the
another. commission of fraud

Elements of Estafa with abuse of confidence 1. By using fictitious name


No.1 paragraph (b) 2. By falsely pretending to possess: (a) power,
1. That money, goods or other personal (b) influence, (c) qualifications, (d) property, (e)
property be received by the offender in trust or credit, (f) agency, (g) business or imaginary
on commission, or for the administration, or transactions
under any other obligation involving the duty to 3. By means of other similar deceits
make delivery or to return, the same.

2. That there by misappropriation or conversion


of such money or property by the offender, or Estafa by postdating a check or issuing a check
denial on his part of such receipt. in payment of an obligation

3. That such misappropriation or conversion or 1. That the offender postdated a check, or


denial is to the prejudice of another. issued a check in payment of an obligation.

4. That there is a demand made by the offended 2. That such postdating or issuing a check was
party to the offender. done when the offender had no funds in the
bank or his funds deposited therein were not
Estafa by taking undue advantage of the
sufficient to cover the amount of the check.
signature of the signature in blank

1. That the paper with the signature of the


offended party be in blank. BP 22- ANTI- BOUNCING CHECK LAW

2. That the offended party should have Two Ways to Commit Such Crime
delivered it to the offender.
1. By making, or drawing and issuing any check
3. That above the signature of the offended to apply on account or for value, knowing at the
party a document is written by the offender time of issue that he does not have sufficient
without authority to do so. funds in or credit with the drawee bank for the
payment of such check in full upon its
4. That the document so written creates a presentment, which check is subsequently
liability of, or causes damage to, the offended dishonored by the drawee bank for insufficiency
party or any third person.
of funds or credit or would have been
dishonored for the same reason had not the
drawer, without any valid reason, ordered the
Estafa by means of deceit bank to stop payment.

1. That there must be a false pretense, Elements:


fraudulent act or means

Rolan Jeff A. Lancion


Arellano University School of Law Page 29
Elements of Crimes- Criminal Law

A. That a person makes or draws and issues any 1. That there be court record, office files, or any
check. other papers.

B. That the check is made or drawn and issued 2. That the offender removed, concealed, or
to apply on account or for value. destroyed any of them

C. That the person who makes or draws and 3. That the offender had intent to defraud
issues the check knows at the time of issue that another
he does not have sufficient funds in or credit
with the drawee bank for the payment of such Art 316- Other forms of swindling
check in full upon its presentment. Par 1- By conveying, selling, encumbering, or
D. That the check is subsequently dishonored by mortgaging any real property, pretending to be
the drawee bank for insufficiency of funds or the owner of the same
credit, or would have been dishonored for the Elements:
same reason had not the drawer, without any
valid reason, ordered the bank to stop payment. 1. That the thing be immovable, such as a parcel
of land or building
2. Having sufficient funds in or credit with the
drawee bank when he makes or draws and 2. That the offender who is not the owner of
issues a check, by failing to keep sufficient funds said property should represent that he is the
or to maintain a credit to cover the full amount owner thereof.
of the check if presented within a period of
3. That the offender should have executed an
ninety (90) days from the date appearing
act of ownership.
thereon, for which reason it is dishonored by
the drawee bank. 4. That the act be made to the prejudice of the
owner or third person thereof.
Elements:
Par 2- By disposing of real property as free
A. That a person has sufficient funds in or credit
from encumbrance, although such
with the drawee bank when he makes or draws
encumbrances be not recorded
and issues a check
Elements
B. That he fails to keep sufficient funds or to
maintain a credit to cover the full amount of the 1. That the thing disposed of be real property
check if presented within a period of 90 days
from the date appearing thereon. 2. That the offender knew that the real property
was encumbered whether the encumbrance is
C. That the check is dishonored by the drawee recorded or not.
bank.
3. That there must be express representation by
the offender that the real property is free from
encumbrance
Estafa by inducing another to sign any
document 4. That the act of disposing of the real property
made to the damage of another.
1. That the offender induced the offended party
to sign a document. Par 3- By wrongfully taking by the owner his
personal property from its lawful possessor.
2. That deceit be employed to make him sign
the document. 1. That the offender is the owner of personal
property.
3. That the offended party personally signed the
document. 2. That said personal property is in the lawful
possession of another.
4. That prejudice be caused.
3. That the offender wrongfully takes it from its
Estafa by removing, concealing or destroying
lawful possessor.
documents

Rolan Jeff A. Lancion


Arellano University School of Law Page 30
Elements of Crimes- Criminal Law

4. That prejudice is thereby caused to the Art 319- Removal, sale or pledge of mortgaged
possessor or third person. property

Par 4- By executing any fictitious contract to Acts Punishable:


the prejudice of another
1. By knowingly removing any personal property
Par 5- By accepting any compensation for mortgaged under the Chattel Mortgage Law to
services not rendered or for labor not any province or city other than the one in which
performed it was located at the time of execution of the
mortgage, without the written consent of the
Par 6- By selling, mortgaging or encumbering mortgagee or his executors, administrators or
real property or properties with which the assigns.
offender guaranteed the fulfillment of his
obligation as surety 2. By selling or pledging personal property
already pledged, or any part thereof, under the
1. That the offender is a surety in a bond given terms of the Chattel Mortgage Law, without the
in a criminal or civil action. consent of the mortgagee written on the back
2. That be guaranteed the fulfillment of such of the mortgage and noted on the record
obligation with his real property or properties. thereof in the office of the register of deeds of
the province where such property is located.
3. That he sells, mortgage, or in any other
manner encumbers said real property. Elements of knowingly removing mortgaged
personal property
4. That such sale, mortgage or encumbrance is
(a) without express authority from the court or a. That personal property is mortgaged under
(b) made before the cancellation of his bond or the Chattel Mortgage Law.
(c) before being relieved from the obligation b. That the offender knows that such property
contracted by him. is so mortgaged.
Art 317- Swindling a minor c. That he removes such mortgaged personal
Elements: property to any province or city than the one in
which it was located at the time of the
1. That the offender takes advantage of the execution of the mortgage.
inexperience or emotions or feeling of a minor.
d. That the removal is permanent.
2. That he induces such minor (1) to assume an
obligation, or (2) to give release or (3) to e. That there is no written consent of the
execute a transfer of any property right. mortgagee or his executors, administrators or
assigns to such removal.
3. That the consideration is (1) some loan of
money, (2) credit or (3) other personal property Elements of selling or pledging personal
property already pledged
4. That the transaction is to the detriment of
such minor. a. That personal property is already pledged
under the terms of the Chattel Mortgage Law.
Art 318- Other deceits
b. That the offender, who is the mortgagor of
1. By defrauding or damaging another by any such property, sells or pledges the same or any
other deceit not mentioned in the proceeding part thereof.
articles.
c. That there is no consent of the mortgagee
2. By interposing dreams, by making forecasts, written on the back of the mortgage and noted
by telling fortunes, or by taking advantage of on the records thereof in the office of the
the credulity of the public in any other seminal register of deeds.
manner, for profit or gain.
Chapter Eight- Arson and Other Crimes
Chapter Seven- Chattel Mortgage Involving Destruction

Art 320- Destructive arson

Rolan Jeff A. Lancion


Arellano University School of Law Page 31
Elements of Crimes- Criminal Law

1. One (1) or more buildings or edifices, a. explosion


consequent to one single act of burning or as a
result of simultaneous burnings, or committed b. discharge of electric current
on several or different occasions;
c. inundation, sinking or stranding of a vessel, or
2. Any building of public or private ownership, intentional damaging of the engine of said
devoted to the public in general or where vessel
people usually gather or congregate for a
definite purpose such as but not limited to d. taking up the rails from a railway track
official governmental function or business,
private transaction, commerce, trade workshop, e. maliciously changing railway signals for the
meetings and conferences, or merely incidental safety of moving trains
to a definite purpose such as but not limited to
hotels, motels, transient dwellings, public f. destroying telegraph wires and telegraph
conveyance or stops or terminals, regardless of posts, or those of any other system
whether the offender had knowledge that there
are persons in said building or edifice at the g. using any other agency or means of
time it is set on fire and regardless also of destruction as effective as those above
whether the building is actually inhabited or enumerated.
not.
Kinds of arson:
3. Any train or locomotive, ship or vessel,
airship or airplane, devoted to transportation or 1. Simple Arson (Sec 1, PD No. 1613)
conveyance, or for public use, entertainment or
leisure. 2. Destructive Arson (Art 320 as amended by RA
7659)
4. Any building, factory, warehouse installation
and any appurtenances thereto, which are
3. Other cases of Arson (Sec 3 PD No. 1613)
devoted to the service of public utilities.
Chapter Nine- Malicious Mischief
5. Any building the burning of which is for the
purpose of concealing or destroying evidence of Art 327- Who are liable for malicious mischief
another violation of law, or for the purpose of
concealing bankruptcy or defrauding creditors Elements:
or to collect from insurance.
1. That the offender deliberately caused
The penalty of reclusion temporal in its
damage to the property of another.
maximum period to death shall also be imposed
upon any person who shall burn: 2. That such act does not constitute arson or
1. Any arsenal, shipyard, storehouse or military other crimes involving destruction.
powder or fireworks factory, ordinance,
storehouse, archives or general museum of the 3. That the act of damaging another’s property
government. be committed merely for the sake of damaging
it.
2. In an inhabited place, any storehouse or
factory of inflammable or explosive materials. Art 328 Special Cases of malicious mischief

If as a consequence of his commission of any of 1. Causing damage to obstruct the performance


the acts penalized under this Article, death or of public functions.
injury results, or any valuable documents,
equipment, machineries, apparatus, or other 2. Using any poisonous or corrosive substance.
valuable properties were burned or destroyed,
the mandatory penalty of death shall be 3. Spreading any infection or contagion among
imposed.” cattle.

Art 324- Crimes involving destruction 4. Causing damage to the property of the
National Museum or National Library, or to any
Elements
archive or registry, waterworks, road,
1. The offender causes destruction. promenade, or any other thing used in common
by public.
2. Destruction is caused by any of the following
means: Art 329- Other mischiefs

Rolan Jeff A. Lancion


Arellano University School of Law Page 32
Elements of Crimes- Criminal Law

Art 330- Damage and obstruction to means of Art 336- Acts of lasciviousness
communication
1. That the offender commits any act of
Chapter Ten- Exemption from Criminal Liability lasciviousness of lewdness.
in Crimes Against Property
2. That the act of lasciviousness is committed
Art 332-Persons exempted from criminal against a person of either sex.
liability
3. That it is done under any of the following
1. Spouses, ascendants and descendants or circumstances:
relative by affinity in the same line.
a. By using force or intimidation
2. The widowed spouse with respect to the
property which belonged to the deceased b. When the offended party is deprived of
spouse before the same passed into the reason or otherwise unconscious
possession of another. c. By means of fraudulent machination or grave
3. Brothers and sisters and brothers-in-law and abuse of authority
sisters-in-law, if living together. d. When the offended party is under 12 years of
Title Eleven- Crimes Against Chastity age or demented

Art 337- Qualified Seduction


Art 333- Who are guilty of adultery

1. That the woman is married Two Classes of Qualified Seduction

2. That she has sexual intercourse with a man (a) Seduction of a virgin over 12 years and
and not her husband under 18 years of age

3. That as regards the man with whom she has (b) Seduction of a sister by her brother or
sexual intercourse, he must know her to be descendant by her ascendant regardless of her
married. age or reputation

Art 334- Concubinage Elements of qualified seduction of a virgin

1. That the offended party is a virgin, which is


Three way of committing the crime
presumed if she is unmarried and of good
a. By keeping a mistress in the conjugal dwelling reputation.

b. By having sexual intercourse, under 2. That she must be over 12 and under 18 years
scandalous circumstances, with a woman who is of age.
not his wife
3. That the offender has sexual intercourse with
c. By cohabiting with her in any other place her.

Elements: 4. That there is abuse of authority, confidence


or relationship on the person of the offender.
1. That the man must be married.
Art 338- Simple Seduction
2. That he committed any of the following acts:
1. That the offended party is over 12 and under
a. Keeping a mistress in the conjugal 18 years of age.
dwelling
2. That she must be of good reputation, single
b. Having sexual intercourse under or widow.
scandalous circumstances with a woman who is
not his wife 3. That the offender has sexual intercourse with
her.
c. Cohabiting with her in any other
place. 4. That it is committed by means of deceit.

3. That as regards the woman, she must know Art 340- Corruption of Minors
him to be married.
Rolan Jeff A. Lancion
Arellano University School of Law Page 33
Elements of Crimes- Criminal Law

Art 341- White Slave Trade Art 345- Civil liability of persons guilty of
crimes against chastity
Acts Penalized
1. To indemnify the offended woman
1. Engaging in the business of prostitution
2. To acknowledge the offspring unless the law
2. Profiting by prostitution. should prevent him from doing so.
3. Enlisting the services of women for the 3. In every case to support the offspring
purposes of prostitution

Title Twelve- Crimes Against the Civil Status of


Chapter Four- Abduction Persons
Art 342- Forcible Abduction Art 347- Simulation of births, substitution of
1. That the person abducted is an woman, one child for another, and concealment or
regardless of her age, civil status or reputation. abandonment of legitimate child

2. That the abduction is against her will Acts Punished

3. That the abduction is with lewd design 1. Simulation of births

Art 343- Consented Abduction 2. Substitution of one child for another.

1. The offended party must be a virgin 3. Concealing or abandoning any legitimate


child with intent to cause such child to lose its
2. That she must be over 12 and under 18 years civil status
of age.
Art 348- Usurpation of civil status
3. That the taking away of the offended party
must be with her consent after or cajolery from Art 349- Bigamy
the offender. 1. That the offender has been legally married
4. That the taking away of the offended party 2. That the marriage has not been legally
must be with lewd design. dissolved or in case his or her spouse is absent,
Chapter Five- Provisions Relative to the the absent spouse could not yet be presumed
Preceding Chapters of Title Eleven dead according to the civil code.

Art 344- Prosecution of the crimes of adultery, 3. That he contracts a second or subsequent
concubinage, seduction, abduction, rape and marriage.
acts of lasciviousness 4. That the second or subsequent marriage has
1. Adultery and concubinage must be all the essential requisites for validity.
prosecuted upon complaint signed by the Art 350- Marriage contracted against
offended spouse. provisions of laws
2. Seduction, abduction, rape or acts of 1. That the offender contracted marriage
lasciviousness must be prosecuted upon
complaint signed by: 2. That he knew at the time that:

A. offended party a. The requirement of law were not complied


with
B. Her parents
b. the marriage was in disregard of a legal
C. Grandparents impediment
D. Guardians in the order in which they are Art 351- Premature marriages
named of.
Persons liable

Rolan Jeff A. Lancion


Arellano University School of Law Page 34
Elements of Crimes- Criminal Law

1. A widow who married within 301 days from 1. Writing 9. Cinematographic exhibition
the date of the death of her husband, or before
having delivered is she is pregnant at the time 2. Printing 10. Any other similar means
of his death. 3. Lithography
2. A woman who, her marriage having been 4. Engraving
annulled or dissolved married before her
delivery or before the expiration of the period 5. Radio
of 301 days after the date of the legal
6. Phonograph
separation.
7. Painting

8. Theatrical exhibition
Title Thirteen- Crimes Against Honor
Art 356- Threatening to publish and offer to
Art 353 Definition of Libel
prevent such publication for a compensation
Libel- it is a public and malicious imputation of a
Acts Punished
crime, or of a vice or defect, real or imaginary,
or any act, omission, condition, status or 1. By threatening another to publish, a libel
circumstance tending to cause the dishonor, concerning him or his parents, spouse, child or
discredit, or contempt of a natural or juridical other members of his family.
person, or to blacken the memory of one who is
dead. 2. By offering to prevent the publication of such
libel for compensation or money consideration
Elements of Defamation
Art 357- Prohibited publication of acts referred
1. That there must be an imputation of a crime, to in the course of official proceeding
or of a vice or defect, real or imaginary, or any
act, omission, status or circumstance. 1. That the offender is a reporter, editor or
manager of a newspaper daily or magazine.
2. That the imputation must be made publicly
2. That he/she publishes facts connected with
3. That it must be malicious the private life of another
4. That the imputation must be directed to a 3. That such facts are offensive to the honor,
natural or juridical person, or one who is dead virtue and reputation of said person
5. That the imputation must tend to cause the Art 358- Slander
dishonor, discredit or contempt of the person
defamed. Kinds of Oral defamation

Art 354- Requirements for Publicity 1. Simple slander

1. A private communication made by any Example:


person to another in the performance of any
a. An accusation that the offended party
legal, moral or social duty
has been living successively and with
2. A fair and true report, made in good faith, several men uttered before several
without any comments or remarks, of any person, when intended to correct an
judicial, legislative, or other official proceeding improper conduct of the offended
which are not of confidential nature, or any party.
statement, report, or speech delivered in said b. Calling a person a gangster is simple
proceeding, or any other act performed by slander.
public officer in the exercise of their functions. c. Uttering defamatory words in the heat
of anger, with some provocation on the
Art 355- Libel means of writings or similar part of the offended party constitutes
means only a light felony.
Libel may be committed by means of: 2. Grave slander

Rolan Jeff A. Lancion


Arellano University School of Law Page 35
Elements of Crimes- Criminal Law

to blemish the honor or reputation of another


person.
Art 359- Slander by deed

Elements
Title Fourteen- Quasi- Offenses
1. That the offender any act not included in any
other crime against honor. Art 365- Imprudence and negligence

2. That such act is performed in the presence of Acts Punishable


other person/s
1. By committing through reckless imprudence
3. That such act casts dishonor, discredit or any act which, had it been intentional, would
contempt upon the offended party. constitute a grave or less grave felony or light
felony. (Par 1)
Art 360- Persons responsible for libel
Elements:
a. The person who publishes, exhibits or causes
the publication of any defamation in writing or a. That the offender does or fails to an act.
similar means.
b. That the doing of or the failure to do that act
b. The author or editor of a book or pamphlet is voluntary.

c. The editor or business manager of a daiy c. That it be without malice.


newspaper magazine or serial publication.
d. That material damage results
d. The owner of the printing plant which
publishes a libelous article with his consent and e. That there is inexcusable lack of precaution
on the part of the offender taking into
all other persons who in any way participate in
or have connection with its publication. consideration:

Art 361- Proof of truth - His employment or occupation

1. When the act or omission imputed -Degree of intelligence, physical conditions


constitutes a crime regardless of whether the -other circumstance regarding persons, time
offended party is a private individual or public and place
officer.
2. By committing through simple imprudence or
2. When the offended party is a government negligence would otherwise constitute a grave
employee, even if the act or omission imputed or a less serious felony. (Par 2)
does not constitute a crime provided, it is
related to the discharge of his official duties. Elements:

Art 362- Libelous Remarks 1. That there is a lack of precaution on the part
of the offender.

2. That the damage impending to be caused is


Chapter Two- Incriminatory Machinations not immediate or the danger is not clearly
manifested.
Art 363- Incrimination innocent person

1. That the offender performs an act 3. By causing damage to the property of


another through reckless imprudence or simple
2. That by such act he directly incriminates or imprudence or negligence. (Par 3)
imputes to an innocent person the commission
of a crime. 4. By causing through simple imprudence or
negligence some wrong, if done maliciously,
3. That such act does not constitute perjury. would have constituted a light felony. (Par 4)

Art 364- Intriguing against honor

-It is committed by any person who shall make


any intrigue which has for its principal purpose
Rolan Jeff A. Lancion
Arellano University School of Law Page 36
Elements of Crimes- Criminal Law

Rolan Jeff A. Lancion


Arellano University School of Law Page 37

Похожие интересы