TITLE ONE

I. CRIMES AGAINST NATIONAL SECURITY

Article 114
 ELEMENTS OF TREASON:
1. That the offender owes allegiance to the Government of the
Philippines
2. That there is a war in which the Philippines is involved
3. That the offender either –
4. Levies war against the government, by
1. breech of allegiance
2. actual assembling of men
3. for the purpose of executing a reasonable design
4. breech of allegiance
5. adherence
6. giving aid or comfort to the enemy
5. Adheres to the enemies, giving them aid and comfort
 Ways of proving treason:
1. 2 witnesses testifying to same overt act
Example: X saw arms landed in La Union and loaded into a motor
vehicle. At this stage, not sufficient to convict yet. Y later saw the
arms unloaded in a warehouse. Will X + Y be sufficient witnesses
to convict? Answer: NO. Because the law requires that 2
witnesses see the SAME OVERT ACT.
2. Confession of the accused in open court. Arraignment, pre-
trial, trial – OK.
 1. If he has pleaded NOT guilty already during arraignment,
he can still confess in open court by stating the particular
acts constituting treason.
2. During trial, simply saying “I’m guilty” is not enough.
3. Withdrawing plea of “not guilty” during arraignment not
necessary
4. If during arraignment he pleads guilty, court will ask if the
accused understands is plea. Submission of affidavit
during trial, even if assisted by counsel is not enough.
 Treason: breach of allegiance to the government, committed
by a person who owes allegiance to it. Allegiance: obligation
of fidelity and obedience. It is permanent or temporary
depending on whether the person is a citizen or an alien.
 Evident premeditation, superior strength and treachery are
circumstances inherent in treason, and are, therefore, not
aggravating.
 Treason cannot be committed in times of peace, only in times
of war – actual hostilities. But no need for declaration of war
 Levying of war: a) that there be an actual assembling of men;
b) for the purpose of executing a treasonable design by force
(deliver the country in whole or in part to the enemy)
· Not Treasonous:
1. Acceptance of public office and discharge of official duties
under the enemy does not constitute per se the felony of
treason (exception: when it is policy determining)
2. Serving in a puppet government (ministerial functions) and in
order to serve the populace is NOT treasonous. But it is
treason if: a) there is discretion involved; b) inflicts harm on
Filipinos; c) it is disadvantageous to them.
3. Purpose of offender: to deliver the Philippines to enemy
country; if merely to change officials – not treason
 4. Filipino citizens can commit treason outside the Philippines.
But that of an alien must be committed in the Philippines.
5. Only Filipino citizens or permanent resident aliens can be
held liable
6. Alien: with permanent resident status from the BID – it is
neither the length of stay in the Philippines nor the marriage
with a Filipino that matters.
· On Citizenship
 Treason cannot be proved by circumstantial evidence or by
extra-judicial confession of the accused
 Actual hostilities may determine the date of the
commencement of war
 No such thing as attempted treason; mere attempt
consummates the crime
 Giving aid or comfort – material element, enhances forces of
the enemy country. Acts which strengthen or tend to
strengthen the enemy in the conduct of war against the
traitor’s country or that which weaken and tend to weaken the
power of the same.
Example: Financing arms procurement of enemy country. But
giving of shelter is not necessarily “giving aid and comfort.”
 Adherence and giving aid or comfort must concur together.
Adherence: when a citizen intellectually or emotionally favors
the enemy and harbors convictions disloyal to his country’s
policy. But membership in the police force during the
occupation is NOT treason.
Example: Giving information to, or commandeering foodstuffs for
the enemy.
 Adherence may be proved by: (1) one witness; (2) from the
nature of the act itself; (3) from the circumstances
surrounding the act.
  Treason is a CONTINUING CRIME. Even after the war,
offender can be prosecuted.
 If you convict a person for treason by reason of irresistible
force or uncontrollable fear, you may use Art.12. No treason
through negligence
 When killings and other common crimes are charged as overt
act of treason, they cannot be regarded as (1) separate
crimes or (2) as complex with treason.

Article 115
CONSPIRACY TO COMMIT TREASON
 ELEMENTS:
1. In time of war
2. 2 or more persons come to an agreement to
1. levy war against the government, or
2. adhere to the enemies and to give them aid or comfort,
1. They decide to commit it
 ELEMENTS OF PROPOSAL TO COMMIT TREASON
1. In time of war
2. A person who has decided to levy war against the
government, or to adhere to the enemies and to give them aid
or comfort, proposes its execution to some other person/s.
 Mere agreement and decisions to commit treason is
punishable
 Mere proposal even without acceptance is punishable too. If
the other accepts, it is already conspiracy.
Article 116
MISPRISION OF TREASON
 ELEMENTS:
1. That the offender must be owing allegiance to the
government, and not a foreigner
2. That he has knowledge of any conspiracy (to commit treason)
against the government
3. That he conceals or does not disclose and make known the
same as soon as possible to the governor or fiscal of the
province or the mayor or fiscal of the city in which he resides
 Offender is punished as an accessory to the crime of treason
 This crime does not apply if the crime of treason is already
committed
 Crime of omission
 “To report within a reasonable time” – depends on time, place
and circumstance – the RPC did not fix time.
 RPC states 4 individuals, what if you report to some other
high-ranking government official? Ex. PNP Director? Judge
Pimentel says any gov’t official of the DILG is OK.

Article 117
Espionage by entering, without authority therefor, warship,
fort, or naval or military establishments or reservation to
obtain any information, plans, photographs or other data of a
confidential nature relative to the defense of the Philippines.
 ELEMENTS:
 1. 1. That the offender enters any of the places mentioned
therein
1. 2. That he has no authority therefore;
2. That his purpose is to obtain information, plans, photographs
or other data of a confidential nature relative to the defense of
the Philippines
Espionage by disclosing to the representative of a foreign nation
the contents of the articles, data, or information referred to in
paragraph 1 of Article 117, which he had in his possession by
reason of the public office holds
1. ELEMENTS: That the offender is a public officer
2. That he has in his possession the articles, data or information
referred to in par 1 of art 117, by reason of the public office
he holds
3. That he discloses their contents to a representative of a
foreign nation
 Purpose: to gather data
 Espionage: the offense of gathering, transmitting, or losing
information respecting the national defense with the intent or
reason to believe that the information is to be used to the
injury of the Philippines or the advantage of any foreign
nation. It is not conditioned on citizenship.
 Not necessary that Philippines is at war with the country to
which the information was revealed. What is important is that
the information related is connected with the defense system
of the Philippines.
 Wiretapping is NOT espionage if the purpose is not
something connected with the defense
 See CA 616
II. CRIMES AGAINST LAWS OF NATIONS
Article 118
INCITING TO WAR OR GIVING MOTIVES FOR REPRISALS
 ELEMENTS:
1. That the offender performs unlawful or unauthorized acts
2. That such acts provoke or give occasion for a war involving or
liable to involve the Philippines or expose Filipino citizens to
reprisals on their persons or property
 Crime is committed in time of peace, intent is immaterial
 Inciting to war – offender is any person
 Reprisals is not limited to military action, it could be economic
reprisals, or denial of entry into their country. Example. X
burns Chinese flag. If China bans the entry of Filipinos into
China, that is already reprisal.

Article 119
VIOLATION OF NEUTRALITY
ELEMENTS:
1. That there is war in which the Philippines is not involved
2. That there is a regulation issued by competent authority for
the purpose of enforcing neutrality
3. That the offender violates such regulation
 Gov’t must have declared the neutrality of the Phil in a war
between 2 other countries
  It is neutrality of the Phil that is violated
 Congress has the right to declare neutrality

Article 120
CORRESPONDENCE WITH HOSTILE COUNTRY
ELEMENTS:
1. That it is in time of war in which the Philippines is involved
2. That the offender makes correspondence with an enemy
country or territory occupied by enemy troops
3. That the correspondence is either –
1. prohibited by the government, or
2. carried on in ciphers or conventional signs, or
3. containing notice or information which might be useful to
the enemy
 Circumstances qualifying the offense:
a. notice or information might be useful to the enemy
b. offender intended to aid the enemy
 Hostile country exist only during hostilities or after the
declaration of war
 Correspondence to enemy country – correspondence to
officials of enemy country – even if related to you.
 It is not correspondence with private individual in enemy
country
 If ciphers were used, no need for prohibition
 If ciphers were not used, there is a need for prohibition
  In any case, it must be correspondence with the enemy
country
 Doesn’t matter if correspondence contains innocent matters –
if prohibited, punishable

Article 121
FLIGHT TO ENEMY’S COUNTRY
ELEMENTS
1. That there is a war in which the Philippines is involved
2. That the offender (Filipino or resident alien) must be owing
allegiance to the government
3. That the offender attempts to flee or go to enemy country
4. That going to enemy country is prohibited by competent
authority
 Mere attempt consummates the crime
 There must be a prohibition. If none, even if went to enemy
country – no violation
 Alien resident may be guilty here.

Article 122
PIRACY
 2 Ways of Committing Piracy
1. By attacking or seizing a vessel on the high seas or in the
Philippine waters (PD 532)
 2. By seizing the whole or part of the cargo of said vehicles, its
equipment or personal belongings of its complement or
passengers
 Elements:
1. That a vessel is on the high seas/Philippine waters
2. That the offenders are not members of its complement or
passengers of the vessel
3. That the offenders –
1. attack or seize that vessel or (hence, if committed by
crew or passengers, the crime is not piracy but robbery in
the high seas)
2. seize the whole or part of the cargo of said vessel, its
equipment or personal belongings of its complement or
passengers
 High seas: any waters on the sea coast which are without the
boundaries of the low water mark although such waters may
be in the jurisdictional limits of a foreign gov’t
 PD 532 has been already repealed
 Piracy in high seas – jurisdiction is with any court where
offenders are found or arrested
 Piracy in internal waters – jurisdiction is only with Philippine
courts
 For purpose of Anti-Fencing Law, piracy is part of robbery
and theft

Piracy Mutiny

Robbery or forcible degradation on Unlawful resistance to a

the high seas, without lawful superior officer, or the
authority and done with animo raising of commotion and
furandi and in the spirit and disturbances on board a
intention of universal hostility. ship against the authority
of its commander

Intent to gain is an element.

Attack from outside. Offenders

are strangers to the vessel. (this is
the standing rule with the repeal of
PD 532 which made it possible for
any person to commit piracy
including a passenger or
complement of the vessel). Attack from the inside.

Article 123
QUALIFIED PIRACY
 CIRCUMSTANCES:
1. Whenever they have seized a vessel by boarding or firing
upon the same
2. Whenever the pirates have abandoned their victims without
means of saving themselves
3. Whenever the crime is accompanied by murder, homicide,
physical injuries, or rape. (the above may result to qualified
mutiny)
 Parricide/infanticide should be included (Judge Pimentel)
 Note the new rape law. Death is imposed in certain types of
rape
 There is a conflict between this provision and the provision on
rape. Ex. If rape is committed on someone below 7 – death
under the new rape law. But if rape committed on someone
below 7 during the time of piracy – RP to death.
Irreconcilable.
 Murder/rape/homicide/physical injuries must have been
committed on the passengers or complement
TITLE TWO
I. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE
STATE
Classes of Arbitrary Detention:
1. By detaining a person without legal ground
2. Delay in the delivery of detained persons to the proper judicial
authorities
3. Delaying release

Article 124
ARBITRARY DETENTION
 ELEMENTS:
1. That the offender is a public officer or employee (whose
official duties include the authority to make an arrest and
detain persons; jurisdiction to maintain peace and order).
2. That he detains a person (actual restraint).
3. That the detention was without legal grounds (cannot be
committed if with warrant).
 Detention: when a person is placed in confinement or there is
a restraint on his person.
 Though the elements specify that the offender be a public
officer or employee, private individuals who conspire with
public officers can also be liable.
 Legal grounds for the detention of any person:
 Without legal grounds:
 Know grounds for warrantless arrest:
 For escaped prisoner – no need for warrant
  Rolito Go v. CA is an example of arbitrary detention (Judge
Pimentel)
 Example: Y was killed by unknown assailant. Officers got a
tip and arrested X. X voluntarily admitted to the officers that
he did it although he was not asked. X was detained
immediately. According to the SC, there was NO arbitrary
detention. Why? Because once X made a confession, the
officers had a right to arrest him.
 Continuing crime is different from a continuous crime
 Ramos v. Enrile: Rebels later on retire. According to the SC,
once you have committed rebellion and have not been
punished or amnestied, then the rebels continue to engage in
rebellion, unless the rebels renounce his affiliation. Arrest can
be made without a warrant because this is a continuing crime.
1. commission of a crime
2. violent insanity or other ailment requiring compulsory
confinement of the patient in a hospital
1. he has not committed any crime or no reasonable ground of
suspicion that he has committed a crime
2. not suffering from violent insanity or any other ailment
requiring compulsory confinement in a hospital
1. Crime is about to be, is being, has been committed
2. Officer must have reasonable knowledge that the person
probably committed the crime

Article 125
DELAY IN THE DELIVERY OF DETAINED PERSONS
 ELEMENTS:
1. That the offender is a public officer or employee
 2. That he has detained a person for some legal grounds
3. That he fails to deliver such person to the proper judicial
authority within:
1. 12 hours, if detained for crimes/offenses punishable by light
penalties, or their equivalent
2. 18 hours, for crimes/offenses punishable by correctional
penalties, or their equivalent or
3. 36 hours, for crimes/offenses punishable by capital
punishment or afflictive penalties, or their equivalent
 Really means delay in filing necessary information or
charging of person detained in court. May be waived if a
preliminary investigation is asked for.
 Does not contemplate actual physical delivery but at least
there must be a complaint filed. Duty complied with upon the
filing of the complaint with the judicial authority (courts,
prosecutors – though technically not a judicial authority, for
purposes of this article, he’s considered as one.)
 The filing of the information in court does not cure illegality of
detention. Neither does it affect the legality of the
confinement under process issued by the court.
 To escape from this, officers usually ask accused to execute
a waiver which should be under oath and with assistance of
counsel. Such waiver is not violative of the accused
constitutional right.
 What is length of waiver? Light offense – 5 days. Serious and
less serious offenses – 7 to 10 days. (Judge Pimentel)
 Article does not apply when arrest is via a warrant of arrest
 If offender is a private person, crime is illegal detention

Delay in Delivery of Detained

Arbitrary Detention (124) (125)

Detention is illegal from the
beginning.
Detention is legal in the
beginning, but illegality starts
from the expiration of the
specified periods without the
persons detained having been
delivered to the proper judicial
authority.

Article 126
DELAYING RELEASE
ELEMENTS:
1. That the offender is a public officer or employee
2. That there is a judicial or executive order for the release of a
prisoner or detention prisoner, or that there is a proceeding
upon a petition for the liberation of such person
3. That the offender without good reason delays:
1. the service of the notice of such order to the prisoner, or
2. the performance of such judicial or executive order for
the release of the prisoner, or
3. the proceedings upon a petition for the release of such
person
 Three acts are punishable:
 Wardens and jailers are the persons most likely to violate this
provision
 Provision does not include legislation
1. delaying the performance of a judicial or executive order for
the release of a prisoner
2. delaying the service of notice of such order to said prisoner
 3. delaying the proceedings upon any petition for the liberation
of such person

Article 127
EXPULSION
ELEMENTS:
1. That the offender is a public officer or employee
2. That he expels any person from the Philippines, or compels a
person to change his residence
3. That the offender is not authorized to do so by law
 2 acts punishable:
1. by expelling a person from the Philippines
2. by compelling a person to change his residence
(The crime of expulsion absorbs that of grave coercion. If done by
a private person, will amount to grave coercion)
i.e.,Villavicencio v. Lukban: prostitutes’ case
 Does not include undesirable aliens; destierro; or when sent
to prison
 If X (Filipino) after he voluntarily left, is refused re-entry – is
considered forcing him to change his address here
 Threat to national security is not a ground to expel or change
his address.

Article 128
VIOLATION OF DOMICILE
ELEMENTS:
1. That the offender is a public officer or employee
2. That he is not authorized by judicial order to enter the
dwelling and/or to make a search therein for papers or other
effects
3. That he commits any of the following acts:
1. entering any dwelling against the will of the owner thereof
2. searching papers or other effects found therein without
the previous consent of such owner
3. refusing to leave the premises, after having
surreptitiously entered said dwelling and after having
been required to leave the same
 Aggravating Circumstance (medium and maximum of penalty
imposed):
 If the offender who enters the dwelling against the will of the
owner thereof is a private individual, the crime committed is
trespass to dwelling (Art 280)
 When a public officer searched a person “outside his
dwelling” without a search warrant and such person is not
legally arrested for an offense, the crime committed by the
public officer is grave coercion, if violence or intimidation is
used (Art 286), or unjust vexation, if there is no violence or
intimidation (Art 287)
 A public officer without a search warrant cannot lawfully enter
the dwelling against the will of the owner, even if he knew that
someone in that dwelling is having unlawful possession of
opium
 3 acts punishable:
 “Being authorized by law” – means with search warrant, save
himself or do some things good for humanity
 There must be expression that entry is denied or that he is
asked to leave
  Papers and effects need not be part of a crime.
1. offense committed at nighttime
2. papers or effects not constituting evidence of a crime be not
returned immediately
1. person enters dwelling w/o consent or against the will
2. person enters and searches for papers and effects
3. person entered secretly and refuses to leave after being
asked to

Article 129
SEARCH WARRANTS MALICIOUSLY OBTAINED
ELEMENTS:
1. That the offender is a public officer or employee
2. That he procures a search warrant
3. That there is no just cause

ABUSE IN THE SERVICE OF WARRANT OR EXCEEDING

AUTHORITY OR USING UNNECESSARY SEVERITY IN
EXECUTING A SEARCH WARRANT LEGALLY PROCURED
ELEMENTS:
1. That the offender is a public officer or employee
2. That he has legally procured a search warrant
3. That he exceeds his authority or uses unnecessary severity in
executing the same
 Search warrant is valid for 10 days from its date
  Search warrant is an order in writing issued in the name of
the People, signed by the judge and directed to a public
officer, commanding him to search for personal property
described therein and bring it before the court
 No just cause – warrant is unjustified
 Search – limited to what is described in the warrant, all details
must be with particularity
 Malicious warrant. Example. X was a respondent of a search
warrant for illegal possession of firearms. A return was made.
The gun did not belong to X and the witness had no personal
knowledge that there is a gun in that place.
 Abuse examples:
1. X owner was handcuffed while search was going-on.
2. Tank was used to ram gate prior to announcement that a
search will be made
3. Persons who were not respondents were searched

Article 130
 ELEMENTS OF SEARCHING DOMICILE WITHOUT
WITNESSES:
1. That the offender is a public officer or employee
2. That he is armed with a search warrant legally procured
3. That he searches the domicile, papers or other belongings of
any person
4. That the owner, or any member of his family, or two
witnesses residing in the same locality are not present
 Order of those who must witness the search:
  Validity of the search warrant can be questioned only in 2
courts: where issued or where the case is pending. Latter is
preferred for objective determination.
1. Homeowner
2. Members of the family of sufficient age and discretion
3. Responsible members of the community (can’t be influenced
by the searching party)

Article 131
PROHIBITION, INTERRUPTION, AND DISSOLUTION OF
PEACEFUL MEETINGS
 ELEMENTS:
1. Offender is a public officer or employee
2. He performs any of the ff. acts:
1. prohibiting or interrupting, without legal ground the holding of
a peaceful meeting, or dissolving the same (e.g. denial of
permit in arbitrary manner).
2. hindering any person from joining any lawful association or
from attending any of its meetings
 prohibiting or hindering any person from addressing, either
alone or together with others, any petition to the authorities
for the correction of abuses or redress of grievances
 If the offender is a private individual, the crime is disturbance
of public order (Art 153)
 Meeting must be peaceful and there is no legal ground for
prohibiting, dissolving or interrupting that meeting
 Meeting is subject to regulation
  Offender must be a stranger, not a participant, in the peaceful
meeting; otherwise, it’s unjust vexation
 Interrupting and dissolving a meeting of the municipal council
by a public officer is a crime against the legislative body, not
punishable under this article
 The person talking on a prohibited subject at a public meeting
contrary to agreement that no speaker should touch on
politics may be stopped
 But stopping the speaker who was attacking certain churches
in public meeting is a violation of this article
 Prohibition must be without lawful cause or without lawful
authority
 Those holding peaceful meetings must comply with local
ordinances. Example: Ordinance requires permits for
meetings in public places. But if police stops a meeting in a
private place because there’s no permit, officer is liable for
stopping the meeting.

Article 132
INTERRUPTION OF RELIGIOUS WORSHIP
 ELEMENTS:
1. That the officer is a public officer or employee
2. That religious ceremonies or manifestations of any religion
are about to take place or are going on
3. That the offender prevents or disturbs the same
 Circumstance qualifying the offense: if committed with
violence or threats
 Reading of Bible and then attacking certain churches in a
public plaza is not a ceremony or manifestation of religion,
 but only a meeting of a religious sect. But if done in a private
home, it’s a religious service
 Religious Worship: people in the act of performing religious
rites for a religious ceremony; a manifestation of religion. Ex.
Mass, baptism, marriage
 X, a private person, boxed a priest while the priest was giving
homily and while the latter was maligning a relative of X. Is X
liable? X may be liable under Art 133 because X is a private
person.
 When priest is solemnizing marriage, he is a person in
authority, although in other cases, he’s not.

Article 133
OFFENDING RELIGIOUS FEELINGS
 ELEMENTS:
1. That the acts complained of were performed –
1. in a place devoted to religious feelings, or (for this element,
no need of religious ceremony, only the place is material)
2. during the celebration of any religious ceremony
2. That the acts must be notoriously offensive to the feelings of
the faithful (deliberate intent to hurt the feelings)
3. The offender is any person
4. There is a deliberate intent to hurt the feelings of the faithful,
directed against religious tenet
 If in a place devoted to religious purpose, there is no need for
an ongoing religious ceremony
 Example of religious ceremony (acts performed outside the
church). Processions and special prayers for burying dead
persons but NOT prayer rallies
  Acts must be directed against religious practice or dogma or
ritual for the purpose of ridicule, as mocking or scoffing or
attempting to damage an object of religious veneration
 There must be deliberate intent to hurt the feelings of the
faithful, mere arrogance or rudeness is not enough.

Who
Nature of are
CRIME Crime Liable If Element Missing
Prohibition,
Interruption
and Crime
Dissolution against the Public
of Peaceful fundament officers,
Meeting al law of Outsider If not by public officer =
(131) the state s tumults
If by insider = unjust
vexation
Crime If not religious = tumult
Interruption against the Public or alarms
of Religious fundament officers, If not notoriously
Worship al law of Outsider offensive = unjust
(132) the state s vexation
Public
Offending officers, If not tumults = alarms
the private and scandal
Religious Crime persons, If meeting illegal at
Feeling against outsider onset = inciting to
(133) public order s sedition or rebellion
TITLE THREE
I. CRIMES AGAINST PUBLIC ORDER
Article 134
REBELLION OR INSURRECTION
 ELEMENTS:
1. That there be –
1. public uprising and
2. taking arms against the government (force/violence)
2. That the purpose of the uprising or movement is either
1. to remove from the allegiance to said government or its laws –
1. i. the territory of the Philippines or any part thereof, or
ii. any body of land, naval or other armed forces, or
2 To deprive the chief executive or congress, wholly or partially,
of any of their powers or prerogatives
 Persons liable for rebellion
1. Any person who:
1. promotes
2. maintains, or
3. heads a rebellion or insurrection; or
2. Any person who, while holding any public office or
employment, takes part therein by:
1. engaging in war against the forces of the government
2. destroying property or committing serious violence
3. exacting contributions or diverting public funds from the
lawful purpose for which they have been appropriated
 (Note: “diverting public funds” is malversation absorbed
in rebellion);
4. Any person merely participating or executing the
command of others in rebellion
 Success is immaterial, purpose is always political
 Rebellion used where the object of the movement is
completely to overthrow and supersede the existing
government
 Insurrection refers to a movement which seeks merely to
effect some change of minor importance to prevent the
exercise of gov’t authority w/ respect to particular matters or
subjects
 Actual clash of arms w/ the forces of the gov’t, not necessary
to convict the accused who is in conspiracy w/ others actually
taking arms against the gov’t
 Purpose of the uprising must be shown but it is not necessary
that it be accomplished
 A change of government w/o external participation
 RISING PUBLICLY and TAKING ARMS AGAINST
GOVERNMENT – actual participation. If there is no public
uprising, the crime is of direct assault.
 Mere giving of aid or comfort is not criminal in the case of
rebellion. Merely sympathizing is not participation, there must
be ACTUAL participation
 Not necessary that there is killing, mere threat of removing
Phil is sufficient
 Rebellion cannot be complexed with any other
crime. However, illegal possession of firearms in furtherance
of rebellion is distinct from the crime of rebellion.
Furthermore, it is a continuing crime such along with the
crime of conspiracy or proposal to commit such
  A private crime may be committed during rebellion.
Examples: killing, possessions of firearms, illegal association
are absorbed. Rape, even if not in furtherance of rebellion
cannot be complexed
 If killing, robbing were done for private purposes or for profit,
without any political motivation, the crime would be separately
be punished and would not be embraced by rebellion (People
v. Fernando)
 Read People v. Hernandez and Enrile v. Salazar
 Person deemed leader of rebellion in case he is unknown:
 Any person who in fact:
1. directed the others
2. spoke for them
3. signed receipts and other documents issued in their name
4. performed similar acts on behalf of the rebels

Article 134-A
COUP D E’TAT
 ELEMENTS:
1. Swift attack
2. Accompanied by violence, intimidation, threat, strategy or
stealth
3. Directed against:
4. duly constituted authorities
5. any military camp or installation
6. communication networks or public utilities
 1. other facilities needed for the exercise and continued
possession of power
7. Singly or simultaneously carried out anywhere in the
Philippines
1. Committed by any person or persons belonging to the
military or police or holding any public office or
employment; with or without civilian support or
participation
8. With or without civilian support or participation
9. Purpose of seizing or diminishing state power
 Crime may be committed by a single person, any government
employee and even by civilian
 Taking up of arms not even necessary, what is important is
violence, threat, intimidation, strategy or stealth

Coup
Treason Rebellion d’etat Sedition
(114) (134) (134-A) (139)
Crime Crime Crime
Nature against against against Crime
of National Public Public against
Crime Security Order Order Public Order
Rising
levying war publicly or
against the tumultuousl
gov’t; Public y (caused
OR uprising by more
adherence AND than 3
and giving Taking up armed men
aid or arms or provided
Overt comfort to against See with means
Acts enemies the gov’t article. of violence)
Purpos Deliver the See Seizing See
e of gov’t to article. or enumeration
objecti enemy during diminishi in article.
ve war ng state
power.

Article 135
Penalties
 Who are liable?
1. Any person who:
1. Promotes
2. Maintains
3. heads a rebellion or insurrection
4. engaging in war against the forces of the gov’t
5. destroying property or committing serious violence
6. exacting contributions or diverting public funds from the lawful
purpose for which they have been appropriated
2. Any person who, while holding any public office or
employment, takes part therein
3. Any person merely participating or executing the command of
other in a rebellion.

In Government Service Not in Government Service

Anyone who leads, directs, Anyone who participates or in
commands others to an manner, supports, finances,
undertake a coup. abets, aids in a coup.

 Serious violence is that inflicted upon civilians, which may

result in homicide. It is not limited to hostilities against the
armed force.
  Diverting public funds is malversation absorbed in rebellion
1. Public officer must take active part because mere silence or
omission not punishable in rebellion
2. It is not a defense in rebellion that the accused never took the
oath of allegiance to, or that they never recognized the
government
3. Rebellion cannot be complexed with murder and other
common crimes committed in pursuance of the movement to
overthrow the government
4. Killing, robbing etc for private persons or for profit, without
any political motivation, would be separately punished and
would not be absorbed in the rebellion.
Article 136
CONSPIRACY TO COMMIT REBELLION OR INSURRECTION
 ELEMENTS:
1. 2 more persons come to an agreement to rise publicly and
take arms against the government
2. For any of the purposes of rebellion
3. They decide to commit it

PROPOSAL TO COMMIT REBELLION OR INSURRECTION

(136)
 ELEMENTS:
 Organizing a group of soldiers, soliciting membership in, and
soliciting funds for the organization show conspiracy to
overthrow the gov’t
 The mere fact of giving and rendering speeches favoring
Communism would not make the accused guilty of conspiracy
 if there’s no evidence that the hearers then and there agreed
to rise up in arms against the gov’t
 Conspiracy must be immediately prior to rebellion
 If it is during the rebellion, then it is already taking part in it.
1. A person who has decided to rise publicly and take arms the
government
2. For any of the purposes of rebellion
3. Proposes its execution to some other person/s

Article 137
DISLOYALTY OF PUBLIC OFFICERS AND EMPLOYEES
 ELEMENTS:
 Presupposes existence of rebellion
 Must not be in conspiracy with rebels or coup plotters
 If there are means to prevent the rebellion but did not resist it,
then there’s disloyalty. If there are no means, no fault
 If position is accepted in order to protect the people, not
covered by this
 The collaborator must not have tried to impose the wishes of
the rebels of the people.
1. Failing to resist rebellion by all the means in their power
2. Continuing to discharge the duties of their offices under the
control of rebels
3. Accepting appointment to office under rebels

Article 138
INCITING TO REBELLION OR INSURRECTION
 ELEMENTS:
1. That the offender does not take arms or is not in open
hostility against the government
2. That he incites others to the execution of any of the acts of
rebellion
3. That the inciting is done by means of speeches,
proclamations, writings, emblems, banners or other
representations tending to the same end
 Intentionally calculated to seduce others to rebellion
 There must be uprising to take up arms and rise publicly for
the purposes indicated in Art 134

Proposal to Commit Rebellion

(136) Inciting to Rebellion (138)
Not required that the
The person who proposes has offender has decided to
decided to commit rebellion. commit rebellion.
The person who proposes the
execution of the crime uses The inciting is done
secret means. publicly.

Article 139
SEDITION
 ELEMENTS:
1. That the offenders rise –
1. Publicly (if no public uprising = tumult and other disturbance
of public order)
2. Tumultuously (vis-à-vis rebellion where there must be a
taking of arms)
3. to prevent the promulgation or execution of any law or the
holding of any popular election
4. to prevent the national government, or any provincial or
municipal government, or any public thereof from freely
exercising its or his functions, or prevent the execution of any
administrative order
5. to inflict any act or hate or revenge upon the person or
property of any public officer or employee
6. to commit for any political or social end, any act of hate or
revenge against private persons or any social class (hence,
even private persons may be offended parties)
7. to despoil, for any political or social end, any person,
municipality or province, or the national government of all its
property or any part thereof
2. That they employ force, intimidation, or other means outside
of legal methods
3. That the offenders employ any of those means to attain any
of the following objects:
 Sedition: raising of commotion or disturbances in the State.
Its ultimate object is a violation of the public peace or at least
such measures that evidently engenders it.
 Difference from rebellion – object or purpose of the
surprising. For sedition – sufficient that uprising is tumultuous.
In rebellion – there must be taking up of arms against the
government.
 Sedition – purpose may be either political or social. In
rebellion – always political
 Tumultuous – caused by more than 3 persons who are armed
or provided with means of violence
  Preventing public officers from freely exercising their
functions
 In sedition – offender may be a private or public person (Ex.
Soldier)
 Public uprising and the object of sedition must concur
 Q: Are common crimes absorbed in sedition? In P v. Umali,
SC held that NO. Crimes committed in that case were
independent of each other.
 Preventing election through legal means – NOT sedition
 But when sugar farmers demonstrated and destroyed the
properties of sugar barons – sedition
 Persons liable for sedition:
1. leader of the sedition, and
2. other persons participating in the sedition

Article 142
INCITING TO SEDITION
 ELEMENTS:
1. That the offender does not take a direct part in the crime of
sedition
2. That he incites others to the accomplishment of any of the
acts which constitute sedition (134)
3. That the inciting is done by means of speeches,
proclamations, writing, emblems, cartoons, banners, or other
representations tending to the same end (purpose: cause
commotion not exactly against the government; actual
disturbance not necessary)
 Different acts of inciting to sedition:
  When punishable:
1. Inciting others to the accomplishment of any of the acts which
constitute sedition by means of speeches, proclamations,
writings, emblems etc.
2. Uttering seditious words or speeches which tend to disturb
the public peace or writing, publishing, or circulating
scurrilous [vulgar, mean, libelous] libels against the
government or any of the duly constituted authorities thereof,
which tend to disturb the public peace
3. Knowingly concealing such evil practices
1. when they tend to disturb or obstruct any lawful officer in
executing the functions of his office; or
2. when they tend to instigate others to cabal and meet together
for unlawful purposes
3. when they suggest or incite rebellious conspiracies or riots; or
4. when they lead or tend to stir up the people against the lawful
authorities or to disturb the peace of the community, the
safety and order of the government

II. CRIMES AGAINST POPULAR REPRESENTATION

Article 143
ACTS TENDING TO PREVENT THE MEETING OF CONGRESS
AND SIMILAR BODIES
 ELEMENTS:
1. That there be a projected or actual meeting of Congress or
any of its committees or subcommittees, constitutional
commissions or committees or division thereof, or of any
provincial board or city or municipal council or board
 2. That the offender who may be any persons prevents such
meeting by force or fraud
 Chief of Police and mayor who prevented the meeting of the
municipal council are liable under Art 143, when the defect of
the meeting is not manifest and requires an investigation
before its existence can be determined.

Article 144
DISTURBANCE OF PROCEEDINGS
 ELEMENTS:
1. That there be a meeting of Congress or any of its
committees, constitutional commissions or committees or
divisions thereof, or of any provincial board or city or
municipal council or board
2. That the offender does any of the following acts
1. he disturbs any of such meetings
2. he behaves while in the presence of any such bodies in
such a manner as to interrupt its proceedings or to impair
the respect due it
 Complaint must be filed by member of the Legislative body.
Accused may also be punished for contempt.

Article 145
VIOLATION OF PARLIAMENTARY IMMUNITY
 Acts punishable:
1. By using force, intimidation, threats, or frauds to prevent any
member of Congress from –
 1. attending the meeting of the assembly or any of its
committees, constitutional commissions or committees or
divisions thereof, or from
2. expressing his opinions or
3. casting his vote
2. By arresting or searching any member thereof while
Congress is in a regular or special session, except in case
such member has committed a crime punishable under the
code by a penalty higher than prision mayor
Elements:
1. That the offender is a public officer or employee
2. That he arrests or searches any member of Congress
3. That Congress, at the time of arrest or search, is in a regular
or special session
4. That the member searched has not committed a crime
punishable under the code by a penalty higher than prision
mayor (1987 constitution: privilege from arrest while congress
in session in all offenses punishable by not more than 6 years
imprisonment).
 Article partly inoperative because of the 1987 Constitution

III. ILLEGAL ASSEMBLIES AND ASSOCIATIONS

Article 146
ILLEGAL ASSEMBLIES
 Two (2) Types of illegal assemblies:
a. Meeting of the first form
1. Meeting, gathering or group of persons whether in a fixed
place or moving
 2. purpose : to commit any of crimes punishable under the code
3. meeting attended by armed persons
b. Meeting of the second form
1. Meeting, gathering or group of persons whether in a fixed
place or moving
2. Audience whether armed or not, is incited to the commission
of the crime of treason, rebellion or insurrection, sedition or
direct assault.
 Not all the persons present at the meeting of the first form of
illegal assembly must be armed
 Persons liable for illegal assembly
 Responsibility of persons merely present at the meeting
 Presumptions if person present at the meeting carries an
unlicensed firearm:
1. the organizers or leaders of the meeting
2. persons merely present at the meeting (except when
presence is out of curiosity – not liable)
1. if they are not armed, penalty is arresto mayor
2. if they carry arms, like bolos or knives, or licensed firearms,
penalty is prision correccional
1. purpose of the meeting is to commit acts punishable under
the RPC
2. considered as leader or organizer of the meeting
Article 147
ILLEGAL ASSOCIATIONS
 ELEMENTS:
 Persons liable:
 1. Organized totally or partially for the purpose of committing
any of the crimes in RPC
2. Or for some purpose contrary to public morals
1. founders, directors and president of the association
2. mere members of the association

Illegal Assembly (146) Illegal Association (147)

Must be an actual meeting of
armed persons to commit any of
the crimes punishable under the
RPC, or of individuals who,
although not armed, are incited to
the commission of treason,
rebellion, sedition or assault upon
a person in authority of his agent. No need for such
Act of forming or
It is the meeting and the organizing and
attendance at such that are membership in the
punished association
Persons liable: leaders and those Founders, directors,
present president and members

IV. ASSAULT, RESISTANCE AND DISOBEDIENCE

Article 148
DIRECT ASSAULT
 ELEMENTS OF THE 1ST FORM OF DIRECT ASSAULT
1. That the offender employs force or intimidation.
2. That the aim of the offender is to attain any of the purposes of
the crime of rebellion or any of the objects of the crimes of
sedition. (victim need not be person in authority)
 3. That there is no public uprising.
 ELEMENTS OF THE 2ND FORM OF DIRECT ASSAULT:
1. That the offender (a) makes an attack, (b) employs force, (c)
makes a serious intimidation, or (d) makes a serious
resistance.
2. That the person assaulted is a person in authority or his
agent.
3. That at the time of the assault the person in authority or his
agent (a) is engaged in the actual performance of official
duties (motive is not essential), or that he is assaulted (b) by
reason of the past performance of official duties (motive is
essential).
4. That the offender knows that the one he is assaulting is a
person in authority or his agent in the exercise of his duties
(with intention to offend, injure or assault).
5. That there is no public uprising.
 Always complexed with the material consequence of the act
(e.g. direct assault with murder) except if resulting in a light
felony, in which case, the consequence is absorbed
 Hitting the policeman on the chest with fist is not direct
assault because if done against an agent of a person in
authority, the force employed must be of serious character
 The force employed need not be serious when the offended
party is a person in authority (ex. Laying of hands)
 The intimidation or resistance must be serious whether the
offended party is an agent only or a person in authority (ex.
Pointing a gun)

Intimidation/Resistanc
Force Employed e
Person in Need not be serious Serious
Authority
Must be of serious
Agent character Serious
 Person in authority: any person directly vested with
jurisdiction (power or authority to govern and execute the
laws) whether as an individual or as a member of some court
or governmental corporation, board or commission
 A barangay captain is a person in authority, so is a Division
Superintendent of schools, President of Sanitary Division and
a teacher
 Agent: is one who, by direct provision of law or by election or
by appointment by competent authority, is charged with the
maintenance of public order and the protection and security
of life and property. (Example. Barrio councilman and any
person who comes to the aid of the person in authority,
policeman, municipal treasurer, postmaster, sheriff, agents of
the BIR, Malacañang confidential agent)
 Even when the person in authority or the agent agrees to
fight, still direct assault.
 When the person in authority or the agent provoked/attacked
first, innocent party is entitled to defend himself and cannot
be held liable for assault or resistance nor for physical
injuries, because he acts in legitimate self-defense
 There can be no assault upon or disobedience to one
authority by another when they both contend that they were in
the exercise of their respective duties.
 When assault is made by reason of the performance of his
duty there is no need for actual performance of his official
duty when attacked
 Circumstances qualifying the offense (Qualified Assault):
 Complex crime of direct assault with homicide or murder, or
with serious physical injuries.
  Direct assault cannot be committed during rebellion.
1. when the assault is committed with a weapon
2. when the offender is a public officer or employee
3. when the offender lays hand upon a person in authority

Article 149
INDIRECT ASSAULT
 ELEMENTS:
1. That a person in authority or his agent is the victim of any of
the forms of direct assault defined in ART. 148.
2. That a person comes to the aid of such authority or his agent.
3. That the offender makes use of force or intimidation upon
such person coming to the aid of the authority or his agent.
 Indirect assault can be committed only when a direct assault
is also committed
 To be indirect assault, the person who should be aided is the
agent (not the person in authority because it is already direct
assault, the person coming to the aid of the person in
authority being considered as an agent and an attack on the
latter is already direct assault). Example. Aiding a policeman
under attack.

Article 150
DISOBEDIENCE TO SUMMONS
 Acts punishable:
1. refusing without legal excuse to obey summons
2. refusing to be sworn or placed under affirmation
 3. refusing to answer any legal inquiry to produce books,
records etc.
4. restraining another from attending as witness in such body
5. inducing disobedience to a summons or refusal to be sworn

Article 151
RESISTANCE DISOBEDIENCE TO A PERSON IN AUTHORITY
OR THE AGENT OF SUCH PERSON (par. 1)
 ELEMENTS:
1. That a person in authority or his agent is engaged in the
performance of official duty or gives a lawful order to the
offender.
2. That the offender resists or seriously disobeys such person in
authority or his agent.
3. That the act of the offender is not included in the provisions of
arts. 148, 149 and 150.
SIMPLE DISOBEDIENCE (par. 2)
 ELEMENTS:
1. That an agent of a person in authority is engaged in the
performance of official duty gives a lawful order to the
offender.
2. That the offender disobeys such agent of a person in
authority.
3. That such disobedience is not of a serious nature.

Resistant and Disobedience

to a Person in Authority or
Direct Assault (148) Agents of such Person (151)
PIA or his agent must be PIA or his agent must be in the
engaged in the performance of
official duties or that he is
assaulted
Direct assault is committed in
4 ways – by attacking,
employing force, and seriously
resisting a PIA or his agent.
Use of force against an agent
of PIA must be serious and
deliberate.
actual performance of his
duties.
Committed by resisting or
seriously disobeying a PIA or
his agent.
Use of force against an agent
of a PIA is not so serious; no
manifest intention to defy the
law and the officers enforcing
it.

Article 152
PERSONS IN AUTHORITY/AGENTS OF PERSONS IN
AUTHORITY:
 Persons in Authority – any person directly vested with
jurisdiction, whether as an individual or as a member of some
court or governmental corporation, board or commission.
1. Barangay captain
2. Barangay chairman
3. Teachers
4. Professors
5. Persons charged with the supervision of public or duly
recognized private schools, colleges and universities
6. Lawyers in the actual performance of their professional duties
or on the occasion of such performance
 Agent of Person in Authority – any person who, by direct
provision of law or by election or by appointment by
competent authority, is charged with the maintenance of
 public order and the protection and security of life and
property.
1. Barrio councilman
2. Barrio policeman
3. Barangay leader
4. Any person who comes to the aid of persons in authority
 Section 388 of the Local Gov’t Code provides that “for
purposes of the RPC, the punong barangay, sangguniang
barangay members and members of the lupong
tagapamayapa in each barangay shall be deemed as persons
in authority in their jurisdictions, while other barangay officials
and members who may be designated by law or ordinance
and charged with the maintenance of public order, protection
and the security of life, property, or the maintenance of a
desirable and balanced environment, and any barangay
member who comes to the aid of persons in authority shall be
deemed AGENT of persons in authority.

V. CRIMES AGAINST PUBLIC DISORDERS

Article 153
 TYPES OF TUMULTS AND OTHER DISTURBANCES OF
PUBLIC ORDER:
1. Causing any serious disturbance in a public place, office or
establishment
2. Interrupting or disturbing public performances, functions,
gatherings or peaceful meetings, if the act is not included in
Art 131 and 132 (Public Officers interrupting peaceful
meetings or religious worship).
3. Making any outcry tending to incite rebellion or sedition in any
meeting, association or public place
 4. Displaying placards or emblems which provoke a disturbance
of public order in such place
5. Burying with pomp the body of a person who has been legally
executed.
 If the act of disturbing or interrupting a meeting or religious
ceremony is NOT committed by public officers, or if
committed by public officers they are not participants therein,
this article applies. Art 131 and 132 punishes the same acts if
committed by public officers who are NOT participants in the
meeting
 The outcry is merely a public disorder if it is an unconscious
outburst which, although rebellious or seditious in nature, is
not intentionally calculated to induce others to commit
rebellion or sedition, otherwise, its inciting to rebellion or
sedition.
 Tumultuous – if caused by more than 3 persons who are
armed or provided with means of violence (circumstance
qualifying the disturbance/interruption) – “tumultuous in
character”

Article 154
 TYPES OF UNLAWFUL USE OF MEANS OF
PUBLICATION AND UNLAWFUL UTTERANCES:
1. Publishing or causing to be published, by means of printing,
lithography or any other means of publication as news any
false news which may endanger the public order, or cause
damage to the interest or credit of the State.
2. Encouraging disobedience to the law or to the constituted
authorities or by praising, justifying or extolling any act
punished by law, by the same means or by words, utterances
or speeches
 3. Maliciously publishing or causing to be published any official
resolution or document without proper authority, or before
they have been published officially
4. Printing, publishing or distributing or (causing the same)
books, pamphlets, periodicals or leaflets which do not bear
the real printer’s name or which are classified as anonymous.

Article 155
 TYPES OF ALARMS AND SCANDALS:
1. Discharging any firearm, rocket, firecracker, or other
explosive within any town or public place, calculated to cause
alarm or danger
2. Instigating or taking active part in any charivari or other
disorderly meeting offensive to another or prejudicial to public
tranquility
3. Disturbing the public peace while wandering about at night or
while engaged in any other nocturnal amusement
4. Causing any disturbance or scandal in public places while
intoxicated or otherwise, provided the act is not covered by
Art 153 (tumult).
 Charivari – mock serenade or discordant noises made with
kettles, tin horns etc, designed to deride, insult or annoy
 Firearm must not be pointed at a person, otherwise, it is
illegal discharge
 What governs is the result, not the intent

CRIME Nature of Crime Who are Liable

Tumults and other
Disturbances Crime against Public Private persons,
(153) Order outsider
Alarms and Crime against Public Private persons,
Scandals (155) Order outsider

Article 156
 ELEMENTS OF DELIVERING PRISONERS FROM JAILS:
1. That there is a person confined in a jail or penal
establishment.
2. That the offender removes therefor such person, or helps the
escape of such person (if the escapee is serving final
judgement, he is guilty of evasion of sentence).
3. Offender is a private individual
 Prisoner may be detention prisoner or one sentenced by
virtue of a final judgment
 A policeman assigned to the city jail as guard who while off-
duty released a prisoner is liable here
 It may be committed through negligence
 Circumstances qualifying the offense – is committed by
means of violence, intimidation or bribery.
 Mitigating circumstance – if it takes place outside the penal
establishment by taking the guards by surprise

VI. EVASION OF SENTENCE OR SERVICE

Article 157
 ELEMENTS OF EVASION OF SERVICE OF SENTENCE:
1. That the offender is a convict by final judgment.
2. That he is serving his sentence which consists in deprivation
of liberty (destierro included)
 3. That he evades the service of his sentence by escaping
during the term if his sentence. (fact of return immaterial).
 A continuing offense.
 Offenders – not minor delinquents nor detention prisoners
 If escaped within the 15 day appeal period – no evasion
 No applicable to deportation as the sentence
 Flimsy excuse for violating destierro – not acceptable
 Circumstances qualifying the offense (done thru):
1. unlawful entry (by “scaling”)
2. breaking doors, windows, gates, walls, roofs or floors
3. using picklocks, false keys, disguise, deceit, violence or
intimidation
4. connivance with other convicts or employees of the penal
institution

Article 158
 ELEMENTS OF EVASION OF SERVICE OF SENTENCE
ON THE OCCASION OF DISORDERS,
CONFLAGRATIONS, EARTHQUAKES OR OTHER
CALAMITIES:
1. That the offender is a convict by final judgement who is
confined in a penal institution.
2. That there is disorder, resulting from-
1. conflagration,
2. earthquake,
3. explosion, or
 4. similar catastrophe, or
5. mutiny in which he has not participated.
1. That the offender evades the service of his sentence by
leaving the penal institution where he is confined, on the
occasion of such disorder or during the mutiny.
2. That the offender fails to give himself up to the authorities
within 48 hours following the insurance of a proclamation by
the chief executive announcing the passing away of such
calamity.
 Penalty: an increase by 1/5 of the time remaining to be
served under the original sentence, in no case to exceed 6
months.
 Offender must escape to be entitled to allowance
 Mutiny – organized unlawful resistance to a superior officer, a
sedition, a revolt
 Disarming the guards is not mutiny

Article 159
VIOLATION OF CONDITIONAL PARDON
 ELEMENTS:
1. That the offender was a convict.
2. That he was granted a conditional pardon by the chief
executive.
3. That he violated any of the conditions of such pardon.
 Condition extends to special laws – violation of illegal voting
 Offender must have been found guilty of the subsequent
offense before he can be prosecuted under this Article. But if
under Revised Admin Code, no conviction necessary.
 President has power to arrest, reincarnate offender without
trial.

VIOLATION OF PARDON ORDINARY EVASION

To evade the penalty given by
Infringement of the courts – disturbs the public
conditions/terms of President order
 Two penalties provided:

1. prision correccional in its minimum period – if the penalty

remitted does not exceed 6 years
2. the unexpired portion of his original sentence – if the penalty
remitted is higher than 6 years

VII. COMMISSION OF ANOTHER CRIME

Article 160
COMMISSION OF ANOTHER CRIME DURING SERVICE OF
PENALTY IMPOSED FOR ANOTHER PREVIOUS OFFENSE-
PENALTY: (quasi-recidivism)
 ELEMENTS
1. That the offender was already convicted by final judgement of
one offense.
2. That he committed a new felony before beginning to serve
such sentence or while serving the same.
 Quasi-recidivism : a person after having been convicted by
final judgement shall commit a new felony before beginning to
serve such sentence, or while serving the same.
 Second crimes must belong to the RPC, not special laws.
First crime may be either from the RPC or special laws
 Reiteracion: offender shall have served out his sentence for
the prior offense
 A quasi-recidivist may be pardoned at age 70. Except:
Unworthy or Habitual Delinquent
 If new felony is evasion of sentence – offender is not a quasi-
recidivist
 Penalty: maximum period of the penalty for the new felony
should be imposed (mitigating circumstance can only be
appreciated if the maximum is divisible)
 Quasi-Recidivism may be offset by a special privileged
mitigating circumstance (ex. Minority)
TITLE FOUR
I. CRIMES AGAINST PUBLIC INTEREST
Article 161
 TYPES OF COUNTERFEITING GREAT SEAL OF
GOVERNMENT:
1. Forging the great seal of the Government
2. Forging the signature of the President
3. Forging the stamp of the President
 When the signature of the President is forged, it is not
falsification but forging of signature under this article
 Signature must be forged, others signed it – not the
President.

Article 162
 USING FORGED SIGNATURE OR COUNTERFEIT SEAL
OR STAMP:
1. That the great seal of the republic was counterfeited or the
signature or stamp of the chief executive was forged by
another person.
2. That the offender knew of the counterfeiting or forgery.
3. That he used the counterfeit seal or forged signature or
stamp.
 Offender is NOT the forger/not the cause of the counterfeiting

Article 163
 ELEMENTS OF MAKING AND IMPORTING AND
UTTERING FALSE COINS:
 1. That there be false or counterfeited coins (need not be legal
tender).
2. That the offender either made, imported or uttered such
coins.
3. That in case of uttering such false or counterfeited coins, he
connives with counterfeiters or importers.
 Coin is counterfeit – if it is forged, or if it is not an article of the
government as legal tender, regardless if it is of no value
 Counterfeiting – imitation of legal or genuine coin (may
contain more silver, different design) such as to deceive an
ordinary person in believing it to be genuine
 Utter – to pass counterfeited coins, deliver or give away
 Import – to bring to port the same
 Both Philippine and foreign state coins
 Applies also to coins withdrawn from circulation
 Essence of article: making of coins without authority

Article 164
 ELEMENTS OF MULTILATION OF COINS –
IMPORTATION AND UTTERANCE:
This has been repealed by PD 247. Under this PD, the acts
punishable are:
1. willful defacement
2. mutilation
3. tearing
4. burning
5. destruction of Central Bank notes and coins
  Mutilation – to take off part of the metal either by filling it or
substituting it for another metal of inferior quality, to diminish
by inferior means (to diminish metal contents).
 Foreign notes and coins not included. Must be legal tender.
 Must be intention to mutilate.

Article 165
SELLING OF FALSE OR MUTILATED COIN, WITHOUT
CONNIVANCE
 2 Types
1. Possession of coin, counterfeited or mutilated by another
person, with intent to utter the same, knowing that it is false
or mutilated.
ELEMENTS:
1. possession
2. with intent to utter, and
3. knowledge
4. Actually uttering such false or mutilated coin, knowing the
same to be false or mutilated.
ELEMENTS:
1. actually uttering, and
2. knowledge.
 Possession does not require legal tender in foreign coins
 Includes constructive possession
 Read RA 427
Article 166
FORGING TREASURY OR BANK NOTES – IMPORTING AND
UTTERING
 Acts punishable:
1. Forging or falsity of treasury/bank notes or documents
payable to bearer
2. Importing of such notes
3. Uttering of such false or forged obligations and notes in
connivance with forgers and importers
 Forging – by giving a treasury or bank note or document
payable to bearer/order an appearance of a true and genuine
document
 Falsification – by erasing, substituting, counterfeiting or
altering by any means the figures and letters, words, signs
contained therein
 E.g. falsifying – lotto or sweepstakes ticket. Attempted estafa
through falsification of an obligation or security of the Phil
 PNB checks not included here – it’s falsification of
commercial document under Article 172
 Obligation or security includes: bonds, certificate of
indebtedness, bills, national bank notes, coupons, treasury
notes, certificate of deposits, checks, drafts for money,
sweepstakes money

Article 167
 ELEMENTS OF COUNTERFEITING, IMPORTING, AND
UTTERING INSTRUMENTS NOT PAYABLE TO BEARER:
1. That there be an instrument payable to order or other
document of credit not payable to bearer.
 2. That the offender either forged, imported or uttered such
instruments.
3. That in case of uttering, he connived with the forger or
importer.

Article 168
 ELEMENTS OF ILLEGAL POSSESSION AND USE OF
FALSE TREASURY OR BANK NOTES AND OTHER
INSTRUMENT OF CREDIT:
1. That any treasury or bank note or certificate or other
obligation and security payable to bearer, or any instrument
payable to order or other document of credit not payable to
bearer is forged or falsified by another person.
2. That the offender knows that any of those instruments is
forged or falsified.
3. That he performs any of these acts –
1. using any of such forged or falsified instrument, or
2. possessing with intent to use any of such forged or
falsified instrument.
 Act sought to be punished: Knowingly possessing with intent
to use any of such forged treasury or bank notes

Article 169
FORGERY
 How forgery is committed:
 if all acts done but genuine appearance is not given, the
crime is frustrated
 1. by giving to a treasury or bank note or any instrument
payable to bearer or to order, the appearance of a true and
genuine document
2. by erasing, substituting, counterfeiting, altering by any means
the figures, letters or words, or signs contained therein.

Article 170
 ELEMENTS OF FALSIFICATION OF LEGISLATIVE
DOCUMENTS:
1. That these be a bill, resolution or ordinance enacted or
approved or pending approval by the national assembly or
any provincial board or municipal council.
2. That the offender (any person) alters the same.
3. That he has no proper authority therefor.
4. That the alteration has changed the meaning of the
document.
 Accused must not be a public official entrusted with the
custody or possession of such document otherwise Art 171
applies.

Article 171
FALSIFICATION OF DOCUMENTS BY PUBLIC OFFICER,
EMPLOYEE, OR NOTARY OR ECCLESTASTICAL MINISTER
 ELEMENTS:
1. That the offender is a public officer, employee, or notary
public.
2. That he takes advantage of his official position.
 3. That he falsifies a document by committing any of the
following acts:
1. Counterfeiting or imitating any handwriting, signature or
rubric.
Requisites:
1. That there be an intent to imitate, or an attempt to imitate
2. That the two signatures or handwritings, the genuine and the
forged, bear some resemblance, to each other
 (lack of similitude/imitation of a genuine signature will not be
a ground for conviction under par. 1 but such is not an
impediment to conviction under par. 2)
1. Causing it to appear that persons have participated in any act
or proceeding when they did not in fact so participate.
2. Attributing to persons who have participated in an act or
proceeding statements other than those in fact made by
them.
Requisites:
1. That the offender caused it to appear in a document that a
person/s participated in an act or a proceeding; and
2. That such person/s did not in fact so participate in the act or
proceeding
3. Making untruthful statements in a narration of facts;
Requisites:
1. That the offender makes in a document statements in a
narration of facts
2. That he has a legal obligation to disclose the truth of the facts
narrated by him; (required by law to be done) and
3. That the facts narrated by the offender are absolutely false;
and
 4. That the perversion or truth in the narration of facts was made
with the wrongful intent of injuring a third person
 There must be a narration of facts, not a conclusion of law.
Must be on a material matter
 Legal obligation means that there is a law requiring the
disclosure of the truth of the facts narrated. Ex. Residence
certificates
 The person making the narration of facts must be aware of
the falsity of the facts narrated by him. This kind of
falsification may be committed by omission
1. Altering true dates. – date must be essential
2. Making any alteration or intercalation in a genuine document
which changes its meaning.
Requisites:
1. That there be an alteration (change) or intercalation
(insertion) on a document
2. That it was made on a genuine document
3. That the alteration/intercalation has changed the meaning of
the document
4. That the change made the document speak something false.
5. Issuing in an authenticated form a document purporting to be
a copy of an original document when no such original exists,
or including in such copy a statement contrary to, or different
from, that of the genuine original; (if no knowledge,
falsification through negligence) or
6. Intercalating any instrument or note relative to the issuance
thereof in a protocol, registry, or official book. (genuine
document)
7. In case the offender is an ecclesiastical minister, the act of
falsification is committed with respect to any record or
 document of such character that its falsification may affect the
civil status of persons.
 There is no crime of attempted or frustrated falsification of
public document
 Persons liable – public officer, employee or notary public or
ecclesiastical minister
 If offender does not take advantage of his public position, he
may still be liable for falsification of documents by a private
person
 Document: any written statement by which a right is
established or an obligation is extinguished
 Not necessary that what is falsified is a genuine or real
document, enough that it gives an appearance of a genuine
article
 Counterfeiting – imitating any handwriting, signature or rubric
 Feigning – simulating a signature, handwriting, or rubric out of
one of which does not in fact exist

Article 172
FALSIFICATION OF PUBLIC, OFFICIAL, OR COMMERCIAL
DOCUMENT BY A PRIVATE INDIVIDUAL (par 1)
 ELEMENTS
1. That the offender is a private individual or a public officer or
employee who did not take advantage of his official position.
2. That he committed any of the acts of falsification enumerated
in ART. 171.
1. Counterfeiting or imitating any handwriting, signature or
rubric.
 2. Causing it to appear that persons have participated in
any act or proceeding when they did not in fact so
participated.
3. Attributing to persons who have participated in an act or
proceeding statements other than those in fact made by
them.
4. Making untruthful statements in a narration of facts;
5. Altering true dates.
6. Making any alteration or intercalation in a genuine
document which changes its meaning.
7. That the falsification was committed in any public or
official or commercial document.
 Under this paragraph, damage is not essential, it is presumed
 Defense: lack of malice or criminal intent
 The following writings are public:
 Examples of commercial documents – warehouse receipts,
airway bills, bank checks, cash files, deposit slips and bank
statements, journals, books, ledgers, drafts, letters of credit
and other negotiable instruments
 Cash disbursement vouchers or receipts evidencing
payments are not commercial documents
 A mere blank form of an official document is not in itself a
document
 The possessor of falsified document is presumed to be the
author of the falsification
1. the written acts or records of cats of the sovereign authority of
official bodies and tribunals, and of the public officers,
legislative, judicial and executive, whether of the Philippines
or of a foreign country.
2. Public records kept in the Philippines.
FALSIFICATION UNDER PARAGRAPH 2 OF ART. 172. OF
PRIVATE DOCUMENT
 ELEMENTS :
1. That the offender committed any of the acts of falsification,
except those in paragraph 7 and 8, enumerated in art. 171.
2. That the falsification was committed in any private document
(must affect the truth or integrity of the document)
3. That the falsification caused damage (essential element;
hence, no crime of estafa thus falsification of private
document) to a third party or at least the falsification was
committed with intent to cause such damage.
 Not necessary that the offender profited or hoped to profit
from the falsification
 A document falsified as a necessary means to commit
another crime must be public, official or commercial
 There is no complex crime of estafa through falsification of a
private document because the immediate effect of the latter is
the same as that of estafa
 If the estafa was already consummated at the time of the
falsification of a private document was committed for the
purpose of concealing the estafa, the falsification is not
punishable, because as regards the falsification of the private
document there was no damage or intent to cause damage.
 A private document may acquire the character of a public
document when it becomes part of an official record and is
certified by a public officer duly authorized by law
 The crime is falsification of public documents even if
falsification took place before the private document becomes
part of the public records.
USE OF FALSIFIED DOCUMENT (par. 3, art. 172)
 ELEMENTS:
1. Introducing in a judicial proceeding:
1. That the offender knew that a document was falsified by
another person.
2. That the false document is embraced in art. 171 or in any
subdivisions nos. 1 and 2 of art. 172.
3. That he introduced said document in evidence in any judicial
proceeding. (intent to cause damage not necessary)
4. that the offender knew that a document was falsified by
another person.
5. That the false document is embraced in art. 171 or in any of
subdivisions nos. 1 and 2 of art. 172.
6. That he used such documents (not in judicial proceedings).
7. That the use of the documents caused damage to another or
at least was used with intent to cause such damage.
2. Use in any other transaction
 The user of the falsified document is deemed the author of
falsification, if:
1. the use is so closely connected in time with the falsification
2. the user had the capacity of falsifying the document

Falsification of Falsification of Public/Official

Private Documents Documents
Prejudice to third persons is immaterial,
Prejudice to third what is punished is the violation of
party is an element public faith and perversion of truth which
of the offense. the document proclaims.
Article 173
FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH, AND
TELEPHONE MESSAGES, AND USE OF SAID FALSIFIED
MESSAGES
 Acts punishable:
1. Uttering fictitious, wireless, telegraph or telephone message
Requisites:
1. That the offender is an officer or employee of the government
or an officer or employee of a private corporation, engaged in
the service of sending or receiving wireless, cable or
telephone message.
2. That the accused commits any of the following acts:
– uttering fictitious wireless, cable, telegraph, or telephone
message, or
– falsifying wireless, cable, telegraph, or telephone message
1. Falsifying wireless, telegraph or telephone message
Requisites:
1. That the offender is an officer or employee of the government
or an officer or employee of a private corporation, engaged in
the service of sending or receiving wireless, cable or
telephone message.
2. That the accused commits any of the following acts:
– uttering fictitious wireless, cable, telegraph, or telephone
message, or
– falsifying wireless, cable, telegraph, or telephone message
1. Using such falsified message
Requisites:
 1. That the accused knew that wireless, cable, telegraph, or
telephone message was falsified by any of the person
specified in the first paragraph of art. 173.
2. That the accused used such falsified dispatch.
3. That the use of the falsified dispatch resulted in the prejudice
of a third party, or that the use thereof was with intent to
cause such prejudice.
 The public officer, to be liable must be engaged in the service
of sending or receiving wireless, cable and telegraph or
telephone message

Article 174
FALSIFICATION OF MEDICAL CERTIFICATES, CERTIFCATES
OF MERIT OR SERVICE AND THE LIKE:
 Persons liable:
1. Physician or surgeon who, in connection with the practice of
his profession, issued a false certificate (note: such certificate
must refer to the illness or injury of a person)
2. Public officer who issued a false certificate of merit of service,
good conduct or similar circumstances
3. Private individual who falsified a certificate under (1) and (2)

Article 175
 ELEMENTS OF USING FALSE CERTIFICATES:
1. That a physician or surgeon has issued a false medical
certificate, or a public officer has issued a false certificate of
merit or service, good conduct, or similar circumstances, or a
private person had falsified any of said certificates.
2. That the offender knew that the certificate was false.
 3. That he used the same.

Article 176
MANUFACTURING AND POSSESSION OF INTRUMENTS OR
IMPLEMENTS FOR FALSIFICATION:
 Acts punishable:
1. Making or introducing into the Philippines any stamps, dies or
marks or other instruments or implements for counterfeiting or
falsification
2. Possessing with intent to use the instruments or implements
for counterfeiting or falsification made in or introduced into the
Philippines by another person
 The implement confiscated need not form a complete set
 Constructive possession is also punished

II. OTHER FALSITIES

Article 177
USURPATION OF AUTHORITY OR OFFICIAL FUNCTIONS:
 2 ways of committing the crime:
1. By knowingly and falsely representing oneself to be an
officer, agent or representative of any department or agency
of the Philippine gov’t or any foreign gov’t.
2. By performing an act pertaining to any person in authority or
public officer of the Phil gov’t or foreign gov’t under the
pretense of such official position, and without being lawfully
entitled to do so.
  In usurpation of authority: The mere act of knowingly and
falsely representing oneself is sufficient. Not necessary that
he performs an act pertaining to a public officer.
 In usurpation of official functions: It is essential that the
offender should have performed an act pertaining to a person
in authority
 A public officer may also be an offender
 The act performed without being lawfully entitled to do so
must pertain:
1. to the gov’t
2. to any person in authority
3. to any public office

Article 178
USING FICTITIOUS NAME AND CONCEALING TRUE NAME
 ELEMENTS (using fictitious name) :
1. That the offender uses a name other than his real name.
2. That he uses that fictitious name publicly.
3. That the purpose of the offender is –
1. To conceal a crime,
2. To evade the execution of a judgment, or
3. To cause damage to public interest. (ex. Signing fictitious
name for a passport)
 ELEMENTS (concealing true name):
1. that the offender conceals –
2. his true name, and
 3. all other personal circumstances.
1. that the purpose is only to conceal his identity.

Concealing True Name

Use of Fictitious Name (178) (178)
Element of publicity must be
present Publicity not necessary
Purpose is to conceal a crime, to
evade the execution of a Purpose is to conceal
judgement, or to cause damage identity

Article 179
 ELEMENTS OF ILLEGAL USE OF UNIFORM OR
INSIGNIA:
1. That the offender makes use of insignia, uniform or dress.
2. That the insignia, uniform or dress pertains to an office not
held by the offender or to a class of persons of which he is
not a member.
3. That said insignia, uniform or dress is used publicly and
improperly.
 an exact imitation of the dress or uniform is unnecessary

Article 180
 ELEMENTS OF FALSE TESTIMONY AGAINST A
DEFENDANT:
1. That there be a criminal proceeding.
2. That the offender testifies falsely under oath against the
defendant therein.
 3. That the offender who gives false testimony knows that it is
false.
4. That the defendant against whom the false testimony is given
is either acquitted or convinced in a final judgment
(prescriptive period starts at this point)
 Requires criminal intent, can’t be committed through
negligence. Need not impute guilt upon the accused
 The defendant must at least be sentenced to a correctional
penalty or a fine or must have been acquitted
 The witness who gave false testimony is liable even if the
court did not consider his testimony
 Penalty is dependent upon sentence imposed on the
defendant

Article 181
FALSE TESTIMONY IN FAVOR OF DEFENDANT in a criminal
case:
 False testimony by negative statement is in favor of the
defendant
 False testimony need not in fact benefit the defendant
 A statement of a mere opinion is not punishable
 Conviction or acquittal is not necessary (final judgement is
not necessary). The false testimony need not influence the
acquittal
 A defendant who voluntarily goes up on the witness stand
and falsely imputes the offense to another person the
commission of the offense is liable under this article. If he
merely denies the commission of the offense, he is not liable.
 Basis of penalty: gravity of the felony charged against the
defendant
Article 182
 ELEMENTS OF FALSE TESTIMONY IN CIVIL CASES:
1. That the testimony must be given in a civil case.
2. That the testimony must relate to the issues presented in said
case.
3. That the testimony must be false.
4. That the false testimony must be given by the defendant
knowing the same to be false.
5. That the testimony must be malicious and given with an intent
to affect the issues presented in the said case
 Not applicable when testimony given in a special proceeding
(in this case, the crime is perjury)
 Basis of penalty: amount involved in the civil case

Article183
ELEMENTS OF FALSE TESTIMONY IN OTHER CASES AND
PERJURY IN SOLEMN AFFIRMATION:
1. That an accused made a statement under oath or made an
affidavit upon a material matter.
2. That the statement or affidavit was made before a competent
officer, authorized to receive and administer oath.
3. That in that statement or affidavit, the accused made a willful
and deliberate assertion of a falsehood, and
4. That the sworn statement or affidavit containing the falsity is
required by law.
  2 ways of committing perjury:
 Subornation of perjury: procures another to swear falsely.
Solemn affirmation: refers to non-judicial proceedings and
affidavits
 A false affidavit to a criminal complaint may give rise to
perjury
 A matter is material when it is directed to prove a fact in issue
 A “competent person authorized to administer an oath”
means a person who has a right to inquire into the questions
presented to him upon matters under his jurisdiction
 There is no perjury through negligence or imprudence since
the assertion of falsehood must be willful and deliberate
 Even if there is no law requiring the statement to be made
under oath, as long as it is made for a legal purpose, it is
sufficient
 Perjury is an offense which covers false oaths other than
those taken in the course of judicial proceedings
 False testimony before the justice of the peace during the P.I.
may give rise to the crime of perjury because false testimony
in judicial proceedings contemplates an actual trial where a
judgment of conviction or acquittal is rendered
 A person who knowingly and willfully procures another to
swear falsely commits subornation of perjury and the witness
suborned does testify under circumstances rendering him
guilty of perjury.
 The false testimony is not in a judicial proceeding
1. by falsely testifying under oath
2. by making a false statement

Article 184
  ELEMENTS OF OFFERING FALSE TESTIMONY IN
EVIDENCE:
a That the offender offered in evidence a false witness or false
testimony.
b That he knew the witness or the testimony was false.
c That the offer was made in a judicial or official proceeding.
 Article applies when the offender without inducing another,
but knowing him to be a false witness, presented him and the
latter testified falsely in a judicial or official proceeding
 The false witness need not be convicted of false
testimony. The mere offer is sufficient.
III. FRAUDS
Article 185
 ELEMENTS OF MACHINATIONS IN PUBLIC AUCTION:
a That there be a public auction.
b That the accused solicited any gift or a promise from any of
the bidders.
c That such gifts or promise was the consideration for his
refraining from taking part in that public auction.
d That the accused had the intent to cause the reduction of the
price of the thing auctioned.
 ELEMENTS OF ATTEMPTING TO CAUSE BIDDERS TO
STAY AWAY:
a That there be a public auction.
b That the accused attempted to cause the bidders to stay
away from that public auction
c That it was done by threats, gifts, promises, or any other
artifice.
d That the accused had the intent to cause the reduction of the
price of the thing auctioned.

Article 186
MONOPOLIES AND COMBINATIONS IN RESTRAINT OF
TRADE:
 Acts punished:
1. Combination to prevent free competition in the market
2. By entering into a contract or agreement or taking part in any
conspiracy or combination in the form of a trust or otherwise,
in restraint of trade or commerce or prevent by artificial
means free competition in the market (It is enough that initial
steps are taken. It is not necessary that there be actual
restraint of trade)
3. Monopoly to restrain free competition in the market
– By monopolizing any merchandise or object of trade or
commerce, by combining with any person or persons to
monopolize said merchandise or object in order to alter the prices
thereof by spreading false rumors or making use of any other
artifice to restrain free competition in the market
4. Manufacturer, producer or processor or importer combining,
conspiring or agreeing with any person to make transactions
prejudicial to lawful commerce or to increase the market price
of the merchandise.
 Person/s liable:
 Crime is committed by:
 The purpose is:
 Also liable as principals:
 Aggravated if items are:
 1. manufacturer
2. producer
3. processor
4. importer
1. combining
2. conspiring
3. agreeing with another person
1. to make transactions prejudicial to lawful commerce
2. to increase the market price of any merchandise or object of
commerce manufactured, produced, processed, assembled
or imported into the Phil
1. corporation/association
2. agent/representative
3. director/manager – who willingly permitted or failed to prevent
commission of above offense
1. food substance
2. motor fuel or lubricants
3. goods of prime necessity

Article 187
 ELEMENTS OF IMPORTATION AND DISPOSITION OF
FALSELY MARKED ARTICLES OR MERCHANDISE MADE
OF GOLD, SILVER, OR OTHER PRECIOUS METALS OR
THEIR ALLOYS:
a That the offender imports, sells or disposes of any of those
articles or merchandise.
b That the stamps, brands, or marks or those articles or
merchandise fails to indicate the actual fineness or quality of said
metals or alloys.
c That the offender knows that the said stamp, brand, or mark
fails to indicate the actual fineness or quality of the metals or
alloys.

Article 188
SUBSTITUTING – ALTERING TRADE-MARK, TRADENAME,
OR SERVICE MARK
 Acts punishable:
a By (a) substituting the trade name (t/n) or trademark (t/m) of
some other manufacturer or dealer or a colorable imitation
thereof, for the t/n or t/m of the real manufacturer or dealer upon
any article of commerce and (b) selling the same.
b By selling or by offering for sale such article of commerce,
knowing that the t/n or t/m has been fraudulently used
c By using or substituting the service mark of some other
person, or a colorable imitation of such marks, in the sale or
advertising of services
d By printing, lithographing or reproducing t/n, t/m or service
mark of one person, or a colorable limitation thereof, to enable
another person to fraudulently use the same, knowing the
fraudulent purpose for which it is to be used.

Article 189
UNFAIR COMPETITION, FRAUDULENT REGISTRATION OF
TRADENAME, TRADEMARK SERVICE MARK, FRAUDULENT
DESIGNATION OF ORIGIN, AND FALSE DESCRIPTION
 Acts punished:
a Unfair competition by selling his goods, giving them the
general appearance of the goods of another manufacturer or
dealer
b Fraudulent designation of origin; false description by (a)
affixing to his goods or using in connection with his services a
false designation of origin; or any false description or
representation, and (b) selling such goods or services
c Fraudulent registration by procuring fraudulently from the
patent office the registration of t/m, t/m or service mark.
 ELEMENTS:
a That the offender gives his goods the general appearance of
the goods of another manufacturer or dealer
b That the general appearance is shown in the (a) goods
themselves, or in the (b) wrapping of their packages, or in the (c)
device or words therein, or in (d) any other feature of their
appearance
c That the offender offers to sell or sells those goods or gives
other persons a chance or opportunity to do the same with a like
purpose.
d That there is actual intent to deceive the public or defraud a
competitor.
TITLE FIVE
CRIMES RELATED TO OPIUM AND OTHER PROHIBITED
DRUGS (190-194)
THE DANGEROUS DRUGS ACT OF 1972
(RA No. 6425, as amended)

I. Acts Punishable:
1. importation of prohibited drugs
2. sale, administration, delivery, distribution and transportation
of prohibited drugs
3. maintenance of a den, dive or resort for prohibited drug users
4. being employees or visitors of drug den
5. manufacture of prohibited drugs
6. possession or use
7. cultivation of plants
8. failure to comply with provisions relative to keeping of records
of prescription
9. unnecessary prescription
10. possession of opium pipe and other paraphernalia
11. Importation, sale, etc. of regulated drugs
 Importation of prohibited/regulated drugs.
 Sale, administration, delivery, distribution and transaction of
prohibited/regulated drugs.
Qualifying Circumstances – if the victim of the offense is a minor
or should a prohibited/regulated drug involve in any offense under
this section be the proximate cause of the death of a victim
thereof, the maximum penalty herein shall be imposed.
 Maintenance of a den, dive, or resort for prohibited/regulated
drug users.
Qualifying Circumstance – where a prohibited/regulated drug is
administered, delivered, or sold to a minor who is allowed to use
the same in such place, or should a prohibited drug be the
proximate cause of the death of the person using the same in
such den, dive or resort, the maximum of the penalty shall be
imposed.
 Manufacture of prohibited/regulated drugs.
 Possession of prohibited/regulated drugs.
· Cultivation of plants which are sources of prohibited drugs.
a Note: The land/portions thereof and/or greenhouses in which
any of the said plants is cultivated or cultured shall be confiscated
and escheated to the State, unless the owner thereof can prove
that he did not know of such cultivation or culture despite the
exercise of due diligence on his part.
b Qualifying Circumstance – if the land involved is part of the
public domain, the maximum of the penalty herein provided shall
be imposed.
· Failure to keep records of prescription, sales, purchases,
acquisitions and/or deliveries of prohibited/regulated drugs
Persons liable:
Pharmacist, Physician, Dentist, Veterinarian, Manufacturer,
Wholesaler, Importer, Distributor, Dealer, Retailer
· Unlawful prescription of prohibited/regulated drugs
· Unnecessary prescription of prohibited/regulated drugs
Persons Liable: Physician or dentist who shall prescribe any
prohibited/regulated drug for any person whose
physical/physiological condition does not require the use of
thereof.
· Possession of opium pipe, equipment, apparatus or any
paraphernalia fit or intended for smoking, consuming,
administering, injecting, ingesting, or otherwise using opium or
any other prohibited drug, shall be prima facie evidence that the
possessor has smoked, consumed, administered to himself,
injected or used a prohibited drug.
· Attempt and conspiracy to commit the following offenses:
a Importation of dangerous drugs
b Sale, administration, delivery, distribution and transportation
of dangerous drugs
c Maintenance of a den, dive or resort for prohibited drugs
d Manufacture of dangerous drugs
e Cultivation or culture of plants which are sources of prohibited
drugs
 Other persons liable:
a If the violation of the Act is committed by a partnership,
corporation, association or any judicial person, the partner,
president, director, or manager who consents to or knowingly
tolerates such violation shall be held criminally liable as co-
principal.
b Partner, president, director, manager, officer or stockholder,
who knowingly authorizes, tolerates, or consents to the use of a
vehicle, vessel, or aircraft as an instrument in the importation,
sale, delivery, distribution or transportation of dangerous drugs, or
to the use of their equipment, machines or other instruments in
the manufacture of any dangerous drugs, if such vehicle, vessel,
aircraft, equipment, or other instrument, is owned or under the
control and supervision of the partnership, corporation,
association or judicial entity to which they are affiliated.
c Government official, employee or officer who is found guilty
of “planting” any dangerous drugs in the person or in the
immediate vicinity of another as evidence to implicate the latter.
II. For the purpose of enforcing the provisions of this
Act, all school heads, supervisors and teachers shall be
deemed to be persons in authority and, as such, are vested
with the power to apprehend, arrest, or cause the
apprehension or arrest of any person who shall violate any of
the said provision.
1. NOTE: They shall be considered as persons in authority id
they are in the school or within its immediate vicinity, or
beyond such immediate vicinity of they are in attendance in
any school or class function in their official capacity as school
heads, supervisors or teachers.
2. Any teacher or school employee who discovers or finds that
any person in the school or within its immediate vicinity is
violating this Act shall have the duty to report the violation to
the school head or supervisor who shall, in turn, report the
matter to the proper authorities. Failure to report in either
case shall, after hearing, constitute sufficient cause for
disciplinary action. (Sec. 28)
1. III. Rules:
1. Voluntary submission of a drug dependent to confinement,
treatment and rehabilitation by the drug dependent himself or
through his parent, guardian or relative within the 4th civil
degree of consanguinity or affinity, in a center and
compliance with such conditions therefor as the Dangerous
Drugs Board may prescribe shall exempt from criminal liability
for possession or use of the prohibited/regulated drug.
2. Should the drug dependent escape from the center, he may
submit himself for confinement within 1 week from the date of
his escape, of his parent guardian or relative may, within the
same period surrender him for confinement.
 3. Upon application of the Board, the Court shall issue an order
for recommitment if the drug dependent does not resubmit
himself for confinement or if he is not surrendered for
recommitment.
4. If, subsequent to such recommitment, he should escape
again, he shall no longer be exempt from criminal liability for
the use or possession of any dangerous drug.
5. If a person charged with an offense is found by the fiscal or
by the Court at any stage of the proceedings, to be a drug
dependent, the fiscal or court as the case may be, shall
suspend all further proceedings and transmit records of the
case to the Board.
6. After his rehabilitation, he shall be prosecuted for such
violation. In case of conviction, the judgement shall, if the
accused is certified by the treatment and rehabilitation center
to have maintained good behavior, indicate that he shall be
given full credit for the period he was confined in the center.
NOTE: When the offense is possession or use of dangerous
drugs and the accused is not a recidivist, the penalty thereof shall
be deemed to have been served in the center upon his release
therefrom.
7. The period of prescription of the offense charged shall not run
during the time that the respondent/accused is under
detention or confinement in a center.
8. Requisites of suspension of sentence for first offense in a
minor:
1. If accused is a minor (under 18 years of age at the time of the
commission of the offense but not more than 21 years of age
when the judgement should have been promulgated.
2. He has not been previously convicted of violating any
provision of this Act or of the RPC or placed on probation.
 Sentence shall be deferred and the accused shall be placed
on probation under the supervision of the Board.
  In case of violation of conditions of pardon, court shall
pronounce judgement of conviction and he shall serve
sentence.
 If accused did not violate conditions of probation, case shall
be dismissed upon expiration of the designated period.
 Notes:
a Cultivation of plants – Sec 9 – land, portions of land,
greenhouse on which any of the plants is cultivated – confiscated
and escheated to the State. UNLESS: owner can prove that he
had no knowledge of the cultivation despite due diligence
b If land is part of the public domain – maximum penalty
imposed
c Possession of opium pipe and other paraphernalia – prima
facie evidence that the possessor has smoked, consumed,
administered himself, used prohibited drugs
d Drug penalties of Reclusion Perpetua to Death or a fine of
Php 500,000 to 10M apply when:
Opium 40 grams up
Morphine 40 grams up
Shabu 200 grams up
Heroin 40 grams up
Indian hemp 750 grams up
MJ resin 50 grams up
Cocaine 40 grams up
Other drugs Quantity far beyond therapeutic
requirement
(if quantity is less than prescribed – penalty is PC to RP
depending upon the quantity)
e RA 7659 – PD 1619 – Possession and Use of Volatile
Substances
1. mere attempt to sell, import – already a crime under Article 6
2. conspiracy to sell, deliver, import – already a crime under
Article 8
f Buy Bust Operation – no law or rule to require policemen to
adopt a uniform way of identifying BUY MONEY (P v. Abedes)
g Absence of ultraviolet power is not fatal in the prosecution
h Transportation/importation of MJ – immaterial whether there
may or may not be a distinction for the MJ
i Distinguish Entrapment and Instigation:
1. If prosecution can prove the crime without presenting the
informer or asset – not necessary because their testimonies
are merely corroborative. Poseur buyer – it depends on
whether the prosecution can prove the crime without their
testimonies (P v. Rosalinda Ramos)
2. Under the RA, special aggravating circumstance if a crime
has been committed while the accused was high on drugs (P
v. Anthony Belgar)
3. Delivery or Sale of Prohibited Drugs – the accused must be
aware that what he is selling or delivering was prohibited
drug. But the moment the fact of sale or delivery is proved by
prosecution, the burden to prove that the accused is not
aware that drugs are prohibited falls on the defense (P v.
Aranda)
4. P v. Angelito Manalo – burden of proving the authority to
possess shabu is a matter of defense
5. P v. Hilario Moscaling – court may take judicial notice of the
word “shabu”
 6. Criminal liabilities of a policeman who sold the drugs
confiscated from a pusher: violation of RA 6425 and
malversation under RPC.
j Planting evidence – to implicate another
k Buy Bust Operation – form of entrapment (P v. Alberto) – not
necessary to have prior police surveillance (P v. Carlos Franca)
l Possession – constructive or actual – not necessary to
adduce the marked money as evidence (P v. Romeo Macara)
m Separate crimes – sale/possession of MT found in his
possession after he was frisked but he can’t be convicted for
possession of MJ that he sold
n If victim is minor or drug is proximate cause of death – max
penalty is imposed under Sec 4, 5, 15, 15-a
1. If imposable penalty: RP to death – no plea bargaining
2. If offender: government official, employees, officers or found
guilty of planting evidences – same penalty
3. First offense of a minor – suspension of sentence
 under 18 at time of commission but not more than 21 at time
when judgment was promulgated
 found guilty of possession or use of prohibited or regulated
drugs
 not been previously convicted of violating any provision of this
Act or the RPC
 not been placed on probation
 defer sentence, place on probation for 6 months to 1 year
 violation of probation – pronounce sentence – convict and
serve sentence
 no violation – discharge him and dismiss the proceeding
 if minor is drug dependent – commit to a center for treatment
and rehabilitation
TITLE SIX
I. CRIMES AGAINST PUBLIC MORALS

GAMBLING (195-99 repealed by PDs 449, 483 and 1602 as

amended)
1. Illegal cockfighting (PD 449)
2. Betting, game-fixing or point shaving and machinations in
sports contests (PD 438)
3. Illegal gambling

PENALIZING BETTING, GAME-FIXING OR POINT-SHAVING

AND
MACHINATIONS IN SPORTS CONTESTS
PD 483
 Acts Punishable:
1. Betting: Betting money or any object or article of value of
representative value upon the result of any game, races and
other sports contests.
2. Game-fixing: any arrangement, combination, scheme or
agreement by which the result of any game, races, or sports
contests shall be predicated and/or known other than on the
basis of the honest playing skill or ability of the players or
participants.
3. Point-shaving: any such arrangement combination, scheme
or agreement by which the skill or ability of any player or
participant in a fame, races, or sports contests to make points
of scores shall be limited deliberately in order to influence the
result thereof in favor of one or other team, player or
participant.
 4. Game Machination: any other fraudulent, deceitful, unfair or
dishonest means, method, manner or practice employed for
the purpose of influencing the result of any game, races or
sports contest.

COCKFIGHTING LAW OF 1974

PD 449
1. Scope – This law shall govern the establishment, operation,
maintenance and ownership of cockpits.
2. Rules:
1. Only Filipino citizens not otherwise inhibited by existing
laws shall be allowed to own, manage and operated
cockpits.
2. Only one cockpit shall be allowed in each city or
municipality with a population of 100,000 or less.
3. Cockpits shall be constructed and operated within the
appropriate areas as prescribed in the Zoning Law or
ordinance.
4. When allowed:
1. Cockfighting shall be allowed only in licensed
cockpits during Sundays and legal holidays and
during local fiestas for not more than 3 days; or
2. During provincial, city or municipal, agricultural,
commercial or industrial fair, carnival or exposition for
a similar period of 3 days upon resolution of the
province, city or municipality where such fair, carnival
or exposition is to be held, subject to the approval of
the Chief of Constabulary or his authorized
representative.
Limitations:
a) No cockfighting on the occasion of such fair, carnival or
exposition shall be allowed within the month of the local fiesta or
for more than 2 occasions a year in the same city of municipality.
b) No cockfighting shall be held on December 30, June
12,November 30, Holy Thursday, Good Friday, Election Day and
during registration days for such election/referendum.
1. If the purpose is for the entertainment of foreign dignitaries or
for tourists, or for returning balikbayans, or for the support of
national fund-raising campaigns for charitable purposes as
may be authorized by the Office of the President upon
resolution of a provincial board, city or municipal council, in
licensed cockpits or in playgrounds or parks.
Limitations: This privilege shall be extended for only one time, for
a period not exceeding 3 days, within a year to a province, city or
municipality.
1. No gambling of any kind shall be permitted on the premises
of the cockpit or place of cockfighting during cockfights.
2. City or municipal mayors are authorized to issue licenses for
the operation and maintenance of cockpits.
II. OFFENSES AGAINST DECENCY AND GOOD CUSTOMS
Article 200
 ELEMENTS OF GRAVE SCANDAL:
1. Offender performs an act
2. Act is highly scandalous as offending against decency or
good customs
3. Highly scandalous conduct does not expressly fall within any
other article of the RPC
4. Committed in a public place or within the public knowledge or
view. (The public view is not required, it is sufficient if in
public place. For public knowledge, it may occur even in a
 private place; the number of people who sees it is not
material).
 Grave scandal: consists of acts which are offensive to
decency and good customs. They are committed publicly and
thus, give rise to public scandal to persons who have
accidentally witnessed the acts
 Decency: means properly observing the requirements of
modesty, good taste etc
 Customs: refers to established usage, social conventions
carried on by tradition and enforced by social disapproval in
case of violation
 If the acts complained of are punishable under another
provision of the RPC, Art 200 is not applicable
 The essence of grave scandal is publicity and that the acts
committed are not only contrary to morals and good customs
but must likewise be of such character as to cause public
scandal to those witnessing it.

Article 201
IMMORAL DOCTRINES, OBSCENE PUBLICATIONS AND
EXHIBITIONS:
 Persons liable:
1. Those who publicly expound or proclaim doctrines that are
contrary to public morals
2. Authors of obscene literature, published with their knowledge
in any form
3. Editors publishing such obscene literature
4. Owners or operators of establishments selling obscene
literature
 5. Those who exhibit indecent or immoral plays, scenes, acts or
shows ion theaters, fairs, cinemas or any other place
6. Those who sell, distribute, or exhibit prints, engraving,
sculptures or literature which are offensive to morals
 Morals: implies conformity to generally accepted standards of
goodness or rightness in conduct or character
 Test of obscenity: whether the matter has a tendency to
deprave or corrupt the minds of those who are open to
immoral influences. A matter can also be considered obscene
if it shocks the ordinary and common sense of men as
indecency.
 However, Art 201 enumerates what are considered as
obscene literature or immoral or indecent plays, scenes or
acts:
 Mere nudity in paintings and pictures is not obscene
 Pictures w/ a slight degree of obscenity having no artistic
value and intended for commercial purposes fall within this
article
 Publicity is an essential element
1. those w/c glorify criminals or condone crimes
2. those w/c serve no other purpose but to satisfy the market for
violence, lust or pornography
3. those w/c offend against any race or religion
4. those w/c tend to abet the traffic in and the use of prohibited
drugs
5. those that are contrary to law, public order, morals, good
customs, established policies, lawful orders, decrees and
edicts

Article 202
VAGRANTS AND PROSTITUTES:
 Who are considered vagrants:
1. Those who have no apparent means of subsistence and who
have the physical ability to work yet neglect to apply
themselves to some useful calling
2. Persons found loitering around public and semi-public places
without visible means of support
3. Persons tramping or wandering around the country or the
streets with no visible means of support
4. Idle or dissolute persons lodging in houses of ill-fame
5. Ruffians or pimps and those who habitually associate with
prostitutes (may include even the rich)
6. Persons found loitering in inhabited or uninhabited places
belonging to others, without any lawful or justifiable reason
provided the act does not fall within any other article of the
RPC

If fenced and with prohibition

of entry Trespass to dwelling

If fenced and entered to

hunt/fish Attempted theft

If not fenced and with no

prohibition of entry Vagrancy

 Who are considered prostitutes – refer to women who

habitually indulge in sexual intercourse or lascivious conduct
for money or profit (if a man indulges in the same conduct:
vagrancy)
TITLE SEVEN
CRIMES COMMITTED BY PUBLIC OFFICERS
Article 203
 WHO ARE PUBLIC OFFICERS:
1. Takes part in the performance of public functions in the
Government, or
2. Performs public duties as an employee, agent or subordinate
official in the gov’t or any of its branches
 Notes:
1. Public officer must derive his authority from:
2. direct provision of law
3. popular election
4. appointment by competent authority
5. Public officers: embraces every public servant from the
lowest to the highest rank
6. A government laborer is not a public officer. However,
temporary performance by a laborer of public functions
makes him a public officer
7. Misfeasance: means improper performance of an act which
might be properly be performed
8. Malfeasance: means performance of an act which ought not
to be done
9. Nonfeasance: means omission of an act which ought to be
done

MALFEASANCE AND MISFEASANCE IN OFFICE

 Doing of an act which a public officer should not
Malfeasance have done

Improper doing of an act which a person might

Misfeasance lawfully do

Failure of an agent to perform his undertaking for

Nonfeasance the principal

 ELEMENTS OF KNOWINGLY RENDERING AN UNJUST

JUDGMENT:
1. Offender is a judge
2. Renders a judgment in the case submitted to him for
judgment
3. Judgment is unjust
4. Knowledge that the decision is unjust
 Notes:
1. Judgment: is a final consideration and determination by a
court of competent jurisdiction of the issues submitted to it in
an action or proceeding
2. Unjust judgment: one which is contrary to law, or not
supported by the evidence, or both
3. An unjust judgment may result from:
4. error (with bad faith)
5. ill-will or revenge
6. bribery
1. There must be evidence that the decision rendered is
unjust. It is not presumed
2. Abuse of discretion or mere error of judgment cannot
likewise serve as basis for rendering an unjust judgment
 in the absence of proof or even an allegation of bad faith
(motive or improper consideration).

Article 205
 ELEMENTS OF JUDGMENT RENDERED THROUGH
NEGLIGENCE:
1. Offender is a judge
2. Renders a judgment in a case submitted to him for decision
3. Judgment is manifestly unjust
4. Due to inexcusable negligence or ignorance
 Manifestly unjust judgment: one that is so contrary to law that
even a person having meager knowledge of the law cannot
doubt the injustice

Article 206
 ELEMENTS OF UNJUST INTERLOCUTORY ORDER:
1. That the offender is a judge.
2. That he performs any of the following acts:
1. knowingly renders unjust interlocutory order or decree, or
2. renders a manifestly unjust interlocutory order or decree
through inexcusable negligence or ignorance.
 Interlocutory order: one issued by the court deciding a
collateral or incidental matter. It is not a final determination of
the issues of the action or proceeding

Article 207
  ELEMENTS OF MALICIOUS DELAY IN
THE ADMINISTRATION OR JUSTICE:
1. That the offender is a judge.
2. That there is a proceeding in his court.
3. That he delays the administration of justice.
4. That the delay is malicious, that is, the delay is caused by the
judge with deliberate intent to inflict damage on either party in
the case.
 Mere delay without malice is not punishable

Article 208
 ELEMENTS OF DERELICTION OF DUTY IN THE
PROSECUTION OF OFFENSES:
1. That the offender is a public officer or officer of the law who
has a duty to cause the prosecution of, or to prosecute
offenses.
2. That there is dereliction of the duties of his office, that is,
knowing the commission of the crime, he does not cause (a)
the prosecution of the criminal (People vs. Rosales, G.R. no.
42648) or (b) knowing that a crime is about to be committed
he tolerates its commission (if gift/promise is a consideration
for his conduct: direct bribery)
3. That the offender acts with malice and deliberate intent to
favor the violator of the law.
 PREVARICACION: negligence and tolerance in the
prosecution of an offense
 There must be a duty on the part of the public officer to
prosecute or move for the prosecution of the offender. Note
however, that a fiscal is under no compulsion to file an
information based upon a complaint if he is not convinced
 that the evidence before him does not warrant filing an action
in court
 The crime must be proved first before an officer can be
convicted of dereliction of duty
 A public officer who harbors, conceals, or assists in the
escape of an offender, when it is his duty to prosecute him is
liable as principal in the crime of dereliction of duty in the
prosecution of offenses. He is not an accessory
 Article not applicable to revenue officers

Article 209
 ELEMENTS OF BETRAYAL OF TRUST BY AN ATTORNEY
OR SOLICITOR (NOT NECESSARILY A PUBLIC OFFICER
ALTHOUGH ALL LAWYERS ARE OFFICERS OF THE
COURT):
1. Causing damage to client (prejudice is essential) either
1. by any malicious breach of professional duty, or
2. by inexcusable negligence or ignorance.
3. Revealing any of the secrets of his client learned by him
in his professional capacity (damage not necessary)
4. Undertaking the defense of the opposing party of the
1st client and/or having received confidential information
from the latter and without the latter’s consent (damage
not necessary)

Article 210
 ELEMENTS OF DIRECT BRIBERY:
1. That the offender be a public officer within the scope of Art
203
2. That the offender accepts an offer or promise or receives a
gift or present by himself or through another
3. That such offer or promise be accepted or gift/present
received by the public officer (mere agreement consummates
the crime)
1. with a view to committing some crime (delivery of
consideration is not necessary) or
2. in consideration of an execution if an act which does not
constitute a crime, but the act must be unjust (delivery of
consideration is necessary), or
3. to refrain from doing something which is his official duty
to do
4. That the act which the offender agrees to perform or
which he executes be connected with the performance of
his official duties
 For purposes of this article, temporary performance of public
functions is sufficient to constitute a person a public officer. A
private person may commit this crime only in the case in
which custody of prisoners is entrusted to him
 Applicable also to assessors, arbitrators, appraisal and claim
commissioners, experts or any other person performing
public duties
 Cannot be frustrated, only attempted or consummated.
 Bribery exists when the gift is:
 Actual receipt of the gift is not necessary. An accepted offer
or promise of a gift is sufficient. However, if the offer is not
accepted, only the person offering the gift is liable for
attempted corruption of a public officer
 The gift must have a value or capable of pecuniary
estimation. It could be in the form of money, property or
services
  If the act required of the public officer amounts to a crime and
he commits it, he shall be liable for the penalty corresponding
to the crime
 The third type of bribery and prevaricacion (art 208) are
similar offenses, both consisting of omissions to do an act
required to be performed. In direct bribery however, a gift or
promise is given in consideration of the omission. This is not
necessary in prevaricacion
1. voluntarily offered by a private person
2. solicited by the public officer and voluntarily delivered by the
private person
3. solicited by the public officer but the private person delivers it
out of fear of the consequences should the public officer
perform his functions (here the crime by giver is not
corruption of public officials due to involuntariness).

Bribery (210) Robbery (294)

When the victim did not commit

When the victim has a crime and he is intimidated
committed a crime and with arrest and/or prosecution
gives money/gift to avoid to deprive him of his personal
arrest or prosecution. property.

Victim parts with his Victim is deprived of his money

money or property or property by force or
voluntarily. intimidation.

ANTI-GRAFT AND CORRUPT PRACTICES ACT

RA 3019
 Persons Liable:
1. Any public officer who shall perform any of the following acts:
2. Any person having family or close personal relation with any
public official who shall capitalize or exploit or take advantage
of such family or close personal relation by directly or
indirectly requesting or receiving any present, gift, or material,
or pecuniary advantage from any person having some
business, transaction, application, request, or contact with the
government in which such public official has to intervene
(Sec. 4)
3. Any person who shall knowingly induce or cause any public
official to commit any of the offenses under (A). (Sec. 4)
4. Spouse or any relative, by consanguinity or affinity, within the
3rd civil degree, of the president of the Philippines, the vice-
president, the president of the Senate, or speaker of the
house of Representatives, who shall intervene, directly or
indirectly, in any business transaction, contract or application
with the gov’t (Sec. 5).
1. Persuading, inducing or influencing another public officer to
perform an act constituting a violation of rules and regulations
duly promulgated by competent authority or an offense in
connection with the official duties of the latter, or allowing
himself to be persuaded, induced, or influenced to commit
such violation or offense.
2. Directly or indirectly requesting or receiving any gift, present,
share, percentage, or benefit for himself or for any other
person in connection with any contract or transaction
between the government and any other party wherein the
public officer in his official capacity has to intervene under the
law.
3. Directly, or indirectly requesting or receiving any gift, present,
or other pecuniary or material benefit, for himself or for
another, from any person for whom the public officer, in any
manner of capacity, has secured or obtained, or will secure or
obtain, any Government permit or license, in consideration for
the held given or to be given.
4. Accepting or having any member of his family accept
employment in a private enterprise which has pending official
business with him during the pendency thereof or within one
year after its termination.
5. Causing any undue injury to any party, including the
Government, or giving any private party any unwarranted
benefits, advantage, or preference in the discharge of his
official, administrative or judicial function through manifest
partiality, evident bad faith or gross inexcusable
negligence. This provision shall apply to officers and
employees of offices or government corporations charged
with the grant of licenses or permits or other concessions.
6. Neglecting or refusing, after due demand or request, without
sufficient justification, to act within a reasonable time on any
matter pending before him for the purpose of obtaining
directly or indirectly, from any person interested in the matter
some pecuniary or material benefit or advantage, or for the
purpose of favoring his own interest of giving undue
advantage in favor of or discriminating against any other
interested party.
7. Entering, on behalf of the Government, into any contract or
transaction manifestly and grossly disadvantageous to the
same, whether or not the public officer profited or will profit
thereby.
8. Directly or indirectly having financial or pecuniary interest in
any business, contract or transaction in connection with which
he intervenes or take part in his official capacity, or in which
he is prohibited by the constitution or by any law from having
any interest.
9. Directly or indirectly becoming interested, for personal gain,
or having a material interest in any transaction or act
requiring the approval of a board, panel, or group of which he
is a member, and which exercises discretion in such
approval, even if he votes against the same or does not
 participate in the action of the board, committee, panel or
group.
10. Knowingly approving or granting any license, permit,
privilege, or benefit in favor of any person not qualified for or
not legally entitled to such license, permit, privilege, or
advantage, or of a mere representative or dummy of one who
is not so qualified or entitled.
11. Divulging valuable information of a confidential character,
acquired by his office or by him on account of his official
position to unauthorized persons, or releasing such
information in advance of its authorized release date.
This prohibition shall not apply to:
1. Any person who, prior to the assumption of office of any of
the above officials to whom he is related, has been already
dealing with the gov’t along the same line of business;
2. Any transaction, contract or application already existing or
pending at the time of such assumption of public office;
3. Any application filed by him, the approval of which is not
discretionary on the part of the official(s) concerned but
depends upon compliance with requisites provided by law, or
rules or regulations issued pursuant to law;
4. Any act lawfully performed an official capacity or in the
exercise of a profession.
5. Any member of congress, during the term for which he has
been elected, who shall acquire or receive any personal
pecuniary interest in any specific business enterprise which
shall be directly and particularly favored or benefited by any
law or resolution authored by him previously approved or
adopted by Congress during his term.
6. Any public officer who shall fail to file a true, detailed and
sworn statement of assets and liabilities within 30 days after
assuming office and thereafter on or before the 15th day of
April following the close of every calendar year, as well as
 upon the expiration of his term of office, or upon his
resignation or separation from office (Sec. 7).
II. Prima Facie Evidence of and Dismissal due to unexplained
Wealth (Sec. 8)
 If a public official has been found to have acquired during his
incumbency, whether in his name or in the name of other
persons, an amount of property and/or money manifestly out
of proportion to his salary and to his other lawful income.
 Properties in the name of the spouse and dependents of such
public official may be taken into consideration, when their
acquisition through legitimate means cannot be satisfactorily
shown.
 Bank deposits in the name of or manifestly excessive
expenditures incurred by the public official, his spouse or any
of their dependents including but not limited to activities in
any club or association or any ostentatious display of wealth
including frequent travel abroad of a non-official character by
any public official when such activities entail expenses
evidently out of proportion to legitimate income.
III. Competent court: All prosecutions under this Act shall be
within the original jurisdiction of the
Sandiganbayan (Sec. 10).
IV. Prescription of offenses: all offenses punishable under this Act
shall prescribe in 15 years (Sec. 11).
V. Exceptions: Unsolicited gifts or presents of small or
insignificant value offered or given as a mere ordinary token of
gratitude of friendship according to local customs or usage, shall
be excepted from the provisions of this act (Sec. 14).
Article 211
 ELEMENTS OF INDIRECT BRIBERY:
1. That the offender is a public officer.
 2. That he accepts gifts.
3. That the said gifts are offered to him by reason of his office.
 The gift is given in anticipation of future favor from the public
officer
 There must be clear intention on the part of the public officer
to take the gift offered and consider the property as his own
for that moment. Mere physical receipt unaccompanied by
any other sign, circumstance or act to show such acceptance
is not sufficient to convict the officer
 There is no attempted or frustrated indirect bribery
 The principal distinction between direct and indirect bribery is
that in the former, the officer agrees to perform or refrain from
doing an act in consideration of the gift or promise. In the
latter case, it is not necessary that the officer do any act. It is
sufficient that he accepts the gift offered by reason of his
office
 Public officers receiving gifts and private persons giving gifts
on any occasion, including Christmas are liable under PD 46.
 The criminal penalty or imprisonment is distinct from the
administrative penalty of suspension from the service

Article 211-A
 ELEMENTS OF QUALIFIED BRIBERY
1. Public officer entrusted with law enforcement
2. Refrains from arresting/prosecuting offender for crime
punishable by reclusion perpetua and/or death
3. (if lower penalty than stated above, the crime is direct bribery)
4. In consideration of any offer, promise or gift
Article 212
 ELEMENTS OF CORRUPTION OF PUBLIC OFFICIALS:
1. That the offender makes offers or promises or gives gifts or
present to a public officer.
2. That the offers or promises are made or the gifts or presents
given to a public officer, under circumstances that will make
the public officer liable for direct bribery or indirect bribery
 The offender is the giver of the gift or the offeror of the
promise. The act may or may not be accomplished
 Under PD 749, givers of bribes and other gifts as well as
accomplices in bribery and other graft cases are immune
from prosecution under the following circumstances:
1. information refers to consummated violations
2. necessity of the information or testimony
3. the information and testimony are not yet in the possession of
the State
4. information and testimony can be corroborated on its material
points
5. informant has been previously convicted of a crime involving
moral turpitude
 See the Anti-graft and Corrupt Practices Act
II. FRAUDS AND ILLEGAL EXACTIONS AND TRANSACTIONS

Article 213
 ELEMENTS OF FRAUDS AGAINST PUBLIC TREASURY:
(par. 1)
1. That the offender be a public officer.
2. That he should have taken advantage of his office, that is, he
intervened in the transaction in his official capacity.
3. That he entered into an agreement with any interested party
or speculator or made use of any other scheme with regard to
(a) furnishing supplies (b) the making of contracts, or (c) the
adjustment or settlement of account relating to a public
property or funds.
4. That the accused had intent to defraud the government.
 Notes:
1. The public officer must act in his official capacity
2. The felony is consummated by merely entering into an
agreement with any interested party or speculator or by
merely making use of any scheme to defraud the
Government
 ELEMENTS OF ILLEGAL EXACTIONS:
1. The offender is a public officer entrusted with the collection of
taxes, licenses, fees and other imposts.
2. He is guilty of any of the following acts or omissions:
1. demanding, directly or indirectly the payment of sums
different from or larger than those authorized by law, or
2. failing voluntarily to issue a receipt, as provided by law,
for any sum of money collected by him officially, or
3. Collecting or receiving, directly or indirectly, by way of
payment or otherwise, things or objects of a nature
different from that provided by law.
 Notes:
1. Mere demand of a larger or different amount is sufficient to
consummate the crime. The essence is the improper
collection (damage to gov’t is not required)
 2. If sums are received without demanding the same, a felony
under this article is not committed. However, if the sum is
given as a sort of gift or gratification, the crime is indirect
bribery
3. When there is deceit in demanding larger fees, the crime
committed is estafa
4. May be complexed with malversation
5. Officers and employees of the BIR or Customs are not
covered by the article
6. The NIRC of Administrative Code is the applicable law

Article 214
 ELEMENTS OF OTHER FRAUDS:
1. That the offender is a public officer.
2. That he takes advantage of his official position.
3. That he commits any of the frauds or deceits enumerated in
art. 315 and 316. (estafa; swindling)
 Note: RTC has jurisdiction over the offense because the
principal penalty is disqualification

Article 215
 ELEMENTS OF PROHIBITED TRANSACTIONS:
1. That the offender is an appointive public officer.
2. That he becomes interested, directly or indirectly, in any
transaction of exchange or speculation.
3. That the transaction takes place within the territory subject to
his jurisdiction.
 4. That he becomes interested in the transaction during his
incumbency.
 Notes:
1. Examples of transactions of exchange or speculation are:
buying and selling stocks, commodities, land etc wherein one
hopes to take advantage of an expected rise or fall in price
2. Purchasing of stocks or shares in a company is simple
investment and not a violation of the article. However,
regularly buying securities for resale is speculation

Article 216
POSSESSION OF PROHIBITED INTERESTS BY A PUBLIC
OFFICER :
 Who are liable:
1. Public officer – in any contract or business in which it is his
official duty to intervene.
2. Experts, arbitrators and private accountants – in any contract
or transaction connected with the estate or property in the
approval, distribution or adjudication of which they had acted.
3. Guardians and executors – with respect to property belonging
to their wards or the estate.
 Notes:
1. Actual fraud is not necessary.
2. Act is punished because of the possibility that fraud may be
committed or that the officer may place his own interest
above that of the Government or party which he represents

AN ACT DEFINING AND PENALIZING THE CRIME OF

PLUNDER
RA 7080
1. Definition of Ill-gotten wealth:
Any asset, property, business enterprise or material possession of
any person acquired by him directly or indirectly through
dummies, nominees, agents, subordinates, and/or business
associates by any combination or series of the following means or
similar schemes:
1. Through misappropriation, conversion, misuse or
malversation of public funds or raids on the public treasury.
2. By receiving, directly or indirectly, any commission, gift,
share, percentage, kickbacks or any other form of pecuniary
benefit from any person and/or entity in connection with any
government contract or project or by reason of the office or
position of the public officer concerned;
3. By the illegal or fraudulent conveyance or disposition of
assets belonging to the National Government or any of its
subdivisions, agencies or instrumentalities or government-
owned or controlled corporations and their subsidiaries;
4. By obtaining, receiving or accepting, directly or indirectly, any
shares of stock, equity or any other form of interest or
participation, including the promise of future employment in
any business enterprise or undertaking.
5. By establishing agricultural, industrial or commercial
monopolies or other combinations, and/or implementation of
decrees and orders intended to benefit particular persons or
special interests;
6. By taking undue advantage of official position, authority,
relationship, connection or influence to unjustly enrich himself
or themselves at the expense and to the damage or prejudice
of the Filipino people and the Republic of the Philippines.

1. Persons Liable:
 1. Any public officer who, by himself or in connivance with
members of his family, relatives by affinity or
consanguinity, business associates and subordinates or
other persons, amasses, accumulates, or acquires ill-
gotten wealth through a combination or series of overt or
criminal acts as described under (I) in the aggregate
amount or total value of at least 50 million pesos, shall be
guilty of the crime of plunder (as amended by RA 7659).
2. Any person who participated with the said public officer in
the commission of plunder.
1. Jurisdiction: All prosecutions under this At shall be within the
original jurisdiction of the Sandiganbayan.
1. Rule of Evidence:
For purposes of establishing the crime of plunder, it shall not be
necessary to prove each and every criminal act done by the
accused in furtherance of the scheme and conspiracy to amass,
accumulate or acquire ill-gotten wealth, it being sufficient to
establish beyond reasonable doubt a pattern of overt or criminal
acts indicative of the overall unlawful scheme or conspiracy.
1. Prescription of Crime:
The crime of plunder shall prescribe in 20 years. However, the
right of the State to recover properties unlawfully acquired by
public officers from them or from their nominees or transferees
shall not be barred by prescription, laches or estoppel.

III. MALVERSATION OF PUBLIC FUNDS OR PROPERTY

Article 217
 ELEMENTS COMMON TO ALL ACTS MALVERSATION OF
PUBLIC FUNDS OR PROPERTY :
1. That the offender be a public officer (or private person if
entrusted with public funds or connived with public officers)
2. That he had the custody or control of funds or property (if not
accountable for the funds, theft or qualified theft)
3. That those funds or property were public funds or property
(even if private funds if attached, seized, deposited or
commingled with public funds)
4. That he:
1. Appropriated the funds or property
2. Took or misappropriated them
3. Consented or, through abandonment or negligence,
permitted any other person to take such public funds or
property. (it is not necessary that the offender profited
thereby. His being remiss in the duty of safekeeping
public funds violates the trust reposed)
 Malversation is otherwise called embezzlement
 It can be committed either with malice or through negligence
or imprudence
 In determining whether the offender is a public officer, what is
controlling is the nature of his office and not the designation
 The funds or property must be received in an official capacity.
Otherwise, the crime committed is estafa
 When a public officer has official custody or the duty to collect
or receive funds due the government, or the obligation to
account for them, his misappropriation of the same
constitutes malversation
 A public officer who has qualified charge of gov’t property
without authority to part with its physical possession upon
order of an immediate superior, he cannot be held liable
under this article
 Private individuals can also be held liable for malversation
under 2 circumstances:
1. when they are in conspiracy with public officers; and
2. when they have charge of national, provincial or municipal
funds, revenues or property in any capacity
 In malversation through negligence, the negligence of the
accountable public officer must be positively and clearly
shown to be inexcusable, approximating fraud or malice
 The measure of negligence to be observed is the standard of
care commensurate with the occasion
 When malversation is not committed through negligence, lack
of criminal intent or good faith is a defense
 The failure of a public officer to have any duly forthcoming
public funds or property upon demand, by any authorized
officer, shall be prima facie evidence that he has put such
missing funds or property to personal use. However, if at the
very moment when the shortage is discovered, the
accountable officer is notified, and he immediately pays the
amount from his pocket, the presumption does not arise
 Returning the embezzled funds is not exempting, it is only
mitigating
 There is also no malversation when the accountable officer is
obliged to go out of his office and borrow the amount
corresponding to the shortage and later, the missing amount
is found in an unaccustomed place
 A person whose negligence made possible the commission of
malversation by another can be held liable as a principal by
indispensable cooperation
 Demand as well as damage to the government are not
necessary elements
 Estafa with Abuse of
Malversation (217) Confidence (315)

Funds or property usually Funds/property are always

public private

Offender is a private
individual or even a public
Offender is usually a public officer who is not
officer who is accountable accountable for public
for the public funds/property funds/property

Crime is committed by
approaching, taking, or
misappropriating/consenting,
or through abandonment or
negligence, permitting any
other person to take the
public funds/property
Crime is committed by
misappropriating,
converting, or denying
having received money,
goods or other personal
property

Article 218
 ELEMENTS OF FAILURE OF ACCOUNTABLE OFFICER
TO RENDER ACCOUNTS :
1. That the offender is a public officer, whether in the service or
separated therefrom.
2. That he must be an accountable officer for public funds
property.
3. That he is required by law or regulation to render accounts to
the commission on audit, or to a provincial auditor.
4. That he fails to do so for a period of two months after such
accounts should be rendered.
 Note: Demand and misappropriation are not necessary
Article 219
 ELEMENTS OF FAILURE OF A RESPONSIBLE PUBLIC
OFFICER TO RENDER ACCOUNTS BEFORE LEAVING
THE COUNTRY :
1. That the offender is a public officer.
2. That he must be an accountable officer for public funds or
property.
3. That he must have unlawfully left (or be on the point of
leaving) the Philippines without securing from the
Commission on Audit a certificate showing that his accounts
have been finally settled.
 Note: The act of leaving the Philippines must be unauthorized
or not permitted by law

Article 220
 ELEMENTS OF ILLEGAL USE OF PUBLIC FUNDS OR
PROPERTY (technical malversation):
1. That the offender is a public officer.
2. That there is public fund or property under his administration.
3. That such public fund or property has been appropriated by
law or ordinance (without this, it is simple malversation even if
applied to other public purpose).
4. That he applies the same to a public use other than for which
such fund or property has been appropriated by law or
ordinance.
 To distinguish this article with Art 217, just remember that in
illegal use of public funds or property, the offender does not
derive any personal gain, the funds are merely devoted to
some other public use
  Absence of damage is only a mitigating circumstance

Article 221
 ELEMENTS OF FAILURE TO MAKE DELIVERY OF
PUBLIC FUNDS OR PROPERTY
1. Offender has gov’t funds or property in his possession
2. He is under obligation to either:
1. make payment from such funds
2. to deliver property in his custody or administration when
ordered by competent authority
3. He maliciously fails or refuses to do so
 Note: Penalty is based on value of funds/property to be
delivered

Article 222
 PERSONS WHO MAY BE HELD LIABLE UNDER ARTS
217 TO 221
1. Private individual who, in any capacity, have charge of any
national, provincial or municipal funds, revenue, or property
2. Administrator or depositary of funds or property that has been
attached, seized or deposited by public authority, even if
owned by a private individual
 Sheriffs and receivers fall under the term “administrator”
 A judicial administrator in charge of settling the estate of the
deceased is not covered by the article
IV. INFIDELITY OF PUBLIC OFFICERS

Article 223
 ELEMENTS OF CONNIVING WITH OR CONSENTING TO
EVASION
1. That the offender is a public officer (on duty).
2. That he is charged with the conveyance or custody of a
prisoner, either detention prisoner or prisoner by final
judgment.
3. That such prisoner escaped from his custody
4. That he was in connivance with the prisoner in the latter’s
escape
 Detention prisoner: refers to a person in legal custody,
arrested for and charged with some crime or public offense
 The release of a detention prisoner who could not be
delivered to judicial authorities within the time fixed by law is
not infidelity in the custody of a prisoner. Neither is mere
leniency or laxity in the performance of duty constitutive of
infidelity
 There is real and actual evasion of service of sentence when
the custodian permits the prisoner to obtain a relaxation of his
imprisonment

Article 224
 ELEMENTS OF EVASION THROUGH NEGLIGENCE:
1. That the offender is a public officer.
2. That he is charged with the conveyance or custody of a
prisoner, either detention prisoner or prisoner by final
judgment.
 3. That such prisoner escapes through his negligence.
4. Penalty based on nature of imprisonment
 The article punishes a definite laxity which amounts to
deliberate non-performance of a duty
 The fact that the public officer recaptured the prisoner who
had escaped from his custody does not afford complete
exculpation
 The liability of an escaping prisoner:
1. if he is a prisoner by final judgment, he is liable for evasion of
service (art 157)
2. if he is a detention prisoner, he does not incur criminal liability
(unless cooperating with the offender).

Article 225
 ELEMENTS OF ESCAPES OF PRISONERS UNDER THE
CUSTODY OF A PERSON NOT A PUBLIC OFFICER :
1. That the offender is a private person (note: must be on duty)
2. That the conveyance or custody of a prisoner or person under
arrest is confined to him.
3. That the prisoner or person under arrest escapes.
4. That the offender consents to the escape of the prisoner or
person under arrest, or that the escape takes place through
his negligence
 Note: This article is not applicable if a private person made
the arrest and he consented to the escape of the person he
arrested

Article 226
 ELEMENTS OF REMOVAL, CONCEALMENT, OR
DESTRUCTION OF DOCUMENTS Infidelity in custody of
documents:
1. That the offender be a public officer.
2. That he abstracts, destroys or conceals a document or
papers.
3. That the said document or paper should have been entrusted
to such public officer by reason of his office.
4. That damage, whether serious or not, to a third party or to the
public interest should have been caused.
 The document must be complete and one by which a right
could be established or an obligation could be extinguished
 Books, periodicals, pamphlets etc are not documents
 “Papers” would include checks, promissory notes and paper
money
 A post office official who retained the mail without forwarding
the letters to their destination is guilty of infidelity in the
custody of papers
 Removal of a document or paper must be for an illicit
purpose. There is illicit purpose when the intention of the
offender is to:
1. tamper with it
2. to profit by it
3. to commit any act constituting a breech of trust in the official
thereof
 Removal is consummated upon removal or secreting away of
the document from its usual place. It is immaterial whether or
not the illicit purpose of the offender has been accomplished
 Infidelity in the custody of documents through destruction or
concealment does not require proof of an illicit purpose
  Delivering the document to the wrong party is infidelity in the
custody thereof
 The damage may either be great or small
 The offender must be in custody of such documents

Article 227
 ELEMENTS OF OFFICER BREAKING SEAL :
1. That the offender is a public officer.
2. That he is charged with the custody of papers or property.
3. That these papers or property are sealed by proper authority.
4. That he breaks the seals or permits them to be broken.
 It is the breaking of the seals and not the opening of a closed
envelope which is punished
 Damage or intent to cause damage is not necessary; damage
is presumed

Article 228
 ELEMENTS OF OPENING OF CLOSED DOCUMENTS:
1. That the offender is a public officer.
2. That any closed papers, documents, or objects are entrusted
to his custody.
3. That he opens or permits to be opened said closed papers,
documents or objects.
4. That he does not have proper authority.
 Note: Damage also not necessary
Article 229
REVELATION OF SECRET BY AN OFFICER:
 ELEMENTS OF PAR.1: BY REASON OF HIS OFFICIAL
CAPACITY
1. That the offender is a public officer.
2. That he knows of a secret by reason of his official capacity.
3. That he reveals such secret without authority or justifiable
reasons.
4. That damage, great or small, be caused to the public interest.
5. (damage is essential)
 Notes:
1. Secret must affect public interest
2. Secrets of a private individual is not included
3. Espionage for the benefit of another State is not
contemplated by the article. If regarding military secrets or
secrets affecting state security, the crime may be espionage.
 ELEMENTS OF PAR 2 – DELIVERING WRONGFULLY
PAPERS OR COPIES OF PAPERS OF WHICH HE MAY
HAVE CHARGE AND WHICH SHOULD NOT BE
PUBLISHED:
1. That the offender is a public officer.
2. That he has charge of papers.
3. That those papers should not be published.
4. That he delivers those papers or copies thereof to a third
person.
5. That the delivery is wrongful.
6. That damage be caused to public interest.
  Notes:
1. “Charge”: means custody or control. If he is merely entrusted
with the papers and not with the custody thereof, he is not
liable under this article
2. If the papers contain secrets which should not be published,
and the public officer having charge thereof removes and
delivers them wrongfully to a third person, the crime is
revelation of secrets. On the other hand, if the papers do not
contain secrets, their removal for an illicit purpose is infidelity
in the custody of documents
3. Damage is essential to the act committed

Article 230
 ELEMENTS OF PUBLIC OFFICER REVEALING SECRETS
OF PRIVATE INDIVIDUAL:
1. That the offender is a public officer
2. That he knows of the secret of a private individual by reason
of his office.
3. That he reveals such secrets without authority or justification
reason.
 Revelation to one person is sufficient
 If the offender is an attorney, he is properly liable under Art
209 (betrayal of trust by an attorney)
 Damage to private individual is not necessary

V. OTHER OFFENSES OR IRREGULARITIES BY PUBLIC

OFFICERS
Article 231
 ELEMENTS OF OPEN DISOBEDIENCE:
1. That the offender is a judicial or executive officer.
2. That there is a judgment, decision or order of superior
authority.
3. That such judgment, decision or order was made within the
scope of the jurisdiction of the superior authority and issued
with all the legal formalities.
4. that the offender without any legal justification openly refuses
to execute the said judgment, decision or under which he is
duty bound to obey.
 Note: Judgment should have been rendered in a hearing and
issued within proper jurisdiction with all legal solemnities
required

Article 232
 ELEMENTS OF DISOBEDIENCE TO ORDER OF
SUPERIOR OFFICER WHEN SAID ORDER WAS
SUSPENDED BY INFERIOR OFFICER:
1. That the offender is a public officer.
2. That an order is issued by his superior for execution.
3. That he has for any reason suspended the execution of such
order.
4. That his superior disapproves the suspension of the
execution of the order.
5. That the offender disobeys his superior despite the
disapproval of the suspension.
 Note: A public officer is not liable if the order of the superior is
illegal
Article 233
 ELEMENTS OF REFUSAL OF ASSISTANCE:
1. That the offender is a public officer.
2. That a competent authority demands from the offender that
he lend his cooperation towards the administration of justice
or other public service.
3. That the offender fails to do so maliciously.
 Involves a request from one public officer to another
 Damage to the public interest or third party is essential
 Demand is necessary

Article 234
 ELEMENTS OF REFUSAL TO DISCHARGE ELECTIVE
OFFICE:
1. That the offender is elected by popular election to a public
office.
2. That he refuses to be sworn in or discharge the duties of said
office.
3. That there is no legal motive for such refusal to be sworn in or
to discharge the duties of said office.
 Note: Even if the person did not run for the office on his own
will as the Constitution provides that every citizen may be
required to render service

Article 235
 ELEMENTS OF MALTREATMENT OF PRISONERS:
 1. That the offender is a public officer or employee.
2. That he has under charge a prisoner or detention prisoner
(otherwise the crime is physical injuries)
3. That he maltreats such prisoner in either of the following
manners:
1. by overdoing himself in the correction or handling of a
prisoner or detention prisoner under his charge either –
 by the imposition of punishments not authorized by the
regulations, or
 by inflicting such punishments (those authorized) in a cruel
and humiliating manner, or
1. by maltreating such prisoner to extort a confession or to
obtain some information from the prisoner.
 The public officer must have actual charge of the prisoner in
order to be held liable
 To be considered a detention prisoner, the person arrested
must be placed in jail even for just a short while
 Offender may also be held liable for physical injuries or
damage caused

Article 236
 ELEMENTS OF ANTICIPATION OF DUTIES OF A PUBLIC
OFFICE:
1. That the offender is entitled to hold a public office or
employment, either by election or appointment.
2. That the law requires that he should first be sworn in and/or
should first give a bond.
3. That he assumes the performance of the duties and powers
of such office.
 4. That he has not taken his oath of office and./or given the
bond required by law.

Article 237
 ELEMENTS OF PROLONGING PERFORMANCE OF
DUTIES AND POWERS:
1. That the offender is holding a public office.
2. That the period provided by law, regulations or special
provisions for holding such office has already expired.
3. That he continues to exercise the duties and powers of such
office.
 Note: The article contemplates officers who have been
suspended, separated or declared over-aged or dismissed

Article 238
 ELEMENTS OF ABANDONMENT OF OFFICE OR
POSITION :
1. That the offender is a public officer.
2. That he formally resigns from his position.
3. That his resignation has not yet been accepted.
4. That he abandons his office to the detriment of the public
service.
 There must be formal or written resignation
 The offense is qualified if the purpose behind the
abandonment is to evade the discharge of duties consisting
of preventing, prosecuting or punishing any of the crimes
against national security. The penalty is higher. This involves
the following crimes:
 1. treason
2. conspiracy and proposal to commit conspiracy
3. misprision of treason
4. espionage
5. inciting to war or giving motives to reprisals
6. violation of neutrality
7. correspondence with hostile country
8. flight to enemy country
9. piracy and mutiny on the high seas
10. rebellion
11. conspiracy and proposal to commit rebellion
12. disloyalty to public officers
13. inciting to rebellion
14. sedition
15. conspiracy to commit sedition
16. inciting to sedition

Abandonment of Office or
Position (238) Dereliction of Duty (208)

There is actual Public officer does not

abandonment through abandon his office but
resignation to evade the merely fails to prosecute a
discharge of duties. violation of the law.

Article 239
  ELEMENTS OF USURPATION OF LEGISLATIVE
POWERS:
1. That the offender is an executive or judicial officer.
2. That he (a.) makes general rules or regulations beyond the
scope of his authority or (b.) attempts to repeal a law or (c.)
suspends the execution thereof.

Article 240
 ELEMENTS OF USURPATION OF EXECUTIVE
FUNCTIONS:
1. That the offender is a judge.
2. That he (a.) assumes a power pertaining to the executive
authorities, or (b.) obstructs executive authorities in the lawful
exercise of their powers.
 Note: Legislative officers are not liable for usurpation of
executive functions

Article 241
 ELEMENTS OF USURPATION OF JUDICIAL FUNCTIONS:
1. That the offender is an officer of the executive branch of the
government.
2. That he (a.) assumes judicial powers, or (b.) obstruct the
execution of any order decision rendered by any judge within
his jurisdiction.
 Note: A mayor is guilty under this article when he investigates
a case while a justice of the peace is in the municipality

Article 242
  ELEMENTS OF DISOBEYING REQUEST FOR
DISQUALIFICATION:
1. That the offender is a public officer.
2. That a proceeding is pending before such public officer.
3. That there is a question brought before the proper authority
regarding his jurisdiction, which is not yet decided.
4. That he has been lawfully required to refrain from continuing
the proceeding.
5. That he continues the proceeding.

Article 243
 ELEMENTS OF ADDRESSING ORDERS OR REQUESTS
BY EXECUTIVE OFFICER TO ANY JUDICIAL
AUTHORITY:
1. That the offender is an executive officer.
2. That the addresses any order or suggestion to any judicial
authority.
3. That the order or suggestion relates to any case or business
coming within the exclusive jurisdiction of the courts of
justice.
 Note: Legislative or judicial officers are not liable under this
article

Article 244
 ELEMENTS OF UNLAWFUL APPOINTMENTS:
1. That the offender is a public officer.
2. That he nominates or appoints a person to a public office.
 3. That such person lacks the legal qualification therefor.
4. That the offender knows that his nominee or appointee lacks
the qualification at the time he made the nomination or
appointment.
 Recommending, knowing that the person recommended is
not qualified is not a crime
 There must be a law providing for the qualifications of a
person to be nominated or appointed to a public office

Article 245
 ELEMENTS OF ABUSES AGAINST CHASTITY:
1. That the offender is a public officer.
2. That he solicits or makes immoral or indecent advances to a
woman.
3. That such woman must be –
1. interested in matters pending before the offender for
decision, or with respect to which he is required to submit
a report to or consult with a superior officer, or
2. under the custody of the offender who is a warden or
other public officer directly charged with care and custody
of prisoners or person under arrest, or
3. the wife, daughter, sister or relative within the same
degree by affinity of the person in the custody of the
offender
 The mother of the person in the custody of the public officer is
not included
 Solicit: means to propose earnestly and persistently
something unchaste and immoral to a woman
 The advances must be immoral or indecent
 The crime is consummated by mere proposal
 Proof of solicitation is not necessary when there is sexual
intercourse
TITLE EIGHT
I. CRIMES AGAINST PERSONS

DESTRUCTION OF LIFE
A. ELEMENTS OF PARRICIDE: (246)
1. That a person is killed.
2. That the deceased is killed by the accused.
3. That the deceased is the father, mother, or child, whether
legitimate or illegitimate, or a legitimate other ascendant or
other descendant, or the legitimate spouse of the accused.
Notes:
1. The relationship of the offender with the victim is the essential
element of the felony
2. Parents and children are not included in the term
“ascendants” or “descendants”
3. The other ascendant or descendant must be legitimate. On
the other hand, the father, mother or child may be legitimate
or illegitimate
4. The child should not be less than 3 days old. Otherwise, the
offense is infanticide
5. Relationship must be alleged
6. A stranger who cooperates in committing parricide is liable for
murder or homicide
7. Even if the offender did not know that the person he had
killed is his son, he is still liable for parricide because the law
does not require knowledge of the relationship
B. DEATH OR PHYSICAL INJURIES UNDER EXCEPTIONAL
CIRCUMSTANCES
Requisites:
1. A legally married person or parent surprises his spouse or
daughter (the latter must be under 18 and living with them) in
the act of committing sexual intercourse with another person
2. He/she kills any or both of them or inflicts upon any or both of
them any serious physical injury in the act or immediately
thereafter
3. He has not promoted or facilitated the prostitution of his wife
or daughter, or that he has not consented to the infidelity of
the other spouse.
Notes:
1. Article does not define or penalize a felony
2. Not necessary that the parent be legitimate
3. Article applies only when the daughter is single
4. Surprise: means to come upon suddenly or unexpectedly
5. Art 247 is applicable when the accused did not see his
spouse in the act sexual intercourse with another person.
However, it is enough that circumstances reasonably show
that the carnal act is being committed or has been committed
6. Sexual intercourse does not include preparatory acts
7. Immediately thereafter: means that the discovery, escape,
pursuit and the killing must all form parts of one continuous
act
8. The killing must be the direct by-product of the rage of the
accused
9. No criminal liability is incurred when less serious or slight
physical injuries are inflicted. Moreover, in case third persons
caught in the crossfire suffer physical injuries, the accused is
not liable. The principle that one is liable for the
 consequences of his felonious act is not applicable because
he is not committing a felony
C. ELEMENTS OF MURDER: (248)
1. That a person was killed.
2. That the accused killed him.
3. That the killing was attended by any of the following qualifying
circumstances
1. with treachery, taking advantage of superior strength,
with the aid or armed men, or employing means to
weaken the defense or of means or persons to insure or
afford impunity
2. in consideration of price, reward or promise
3. by means of inundation, fire, poison, explosion,
shipwreck, stranding of vessel, derailment or assault
upon a street car or locomotive, fall of airship, by means
of motor vehicles or with the use of any other means
involving great waste or ruin
4. on occasion of any of the calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic or any other
public calamity
5. with evident premeditation
6. with cruelty, by deliberately and inhumanely augmenting
the suffering of the victim or outraging or scoffing at his
person or corpse
4. The killing is not parricide or infanticide.
Notes:
1. The victim must be killed in order to consummate the offense.
Otherwise, it would be attempted or frustrated murder
 2. Murder will exist with only one of the circumstances. The
other circumstances are absorbed or included in one
qualifying circumstance. They cannot be considered as
generic aggravating circumstances
3. Any of the qualifying circumstances must be alleged in the
information. Otherwise, they will only be considered as
generic aggravating circumstances
4. Treachery and premeditation are inherent in murder with the
use of poison.
D. ELEMENTS OF HOMICIDE: (249)
1. That a person was killed.
2. That the accused killed him without any justifying
circumstances.
3. That the accused had the intention to kill, which is presumed.
4. That the killing was not attended by any of the qualifying
circumstances of murder, or by that of parricide or infanticide.
Notes:
1. Intent to kill is conclusively presumed when death resulted.
Hence, evidence of intent to kill is required only in attempted
or frustrated homicide
2. There is no crime of frustrated homicide through negligence
3. When the wounds that caused death were inflicted by 2
different persons, even if they were not in conspiracy, each
one of them is guilty of homicide
4. In all crimes against persons in which the death of the victim
is an element, there must be satisfactory evidence of (1) the
fact of death and (2) the identity of the victim
E. PENALTY FOR FRUSTRATED PARRICIDE, MURDER OR
HOMICIDE (250)
F. ELEMENTS OF DEATH IN A TUMULTOUS AFFRAY: (251)
 1. That there be several persons.
2. That they did not compose groups organized for the common
purpose of assaulting and attacking each other reciprocally.
3. That these several persons quarreled and assaulted one
another in a confused and tumultuous manner.
4. That someone was killed in the course of the affray.
5. That it cannot be ascertained who actually killed the
deceased.
6. That the person or persons who inflicted serious physical
injuries or who used violence can be identified.
Notes:
1. Tumultuous affray exists hen at least 4 persons take part in it
2. When there are 2 identified groups of men who assaulted
each other, there is no tumultuous affray
3. Persons liable are:
1. person/s who inflicted serious physical injuries
2. if it is not known who inflicted serious physical injuries on
the deceased, all persons who used violence upon the
person of the victim.
G. ELEMENTS OF PHYSICAL INJURIES INFLICTED IN A
TUMULTOUS AFFRAY: (252)
1. that there is a tumultuous affray as referred to in the
preceding article.
2. That a participant or some participants thereof suffer serious
physical injuries or physical injuries of a less serious nature
only.
1. that the person responsible therefor cannot be identified.
 2. That all those who appear to have used violence upon the
person of the offended party are known.
H.GIVING ASSISTANCE TO SUICIDE: (253)
 Acts punishable:
1. Assisting another to commit suicide, whether the suicide is
consummated or not
2. Lending his assistance to another to commit suicide to the
extent of doing the killing himself.
 Notes:
1. A person who attempts to commit suicide is not criminally
liable
2. A pregnant woman who tried to commit suicide by means of
poison but instead of dying, the fetus in her womb was
expelled, is not liable for abortion
3. Assistance to suicide is different from mercy-killing.
Euthanasia/mk is the practice of painlessly putting to death a
person suffering from some incurable disease. In this case,
the person does not want to die. A doctor who resorts to
euthanasia may be held liable for murder
4. Penalty is mitigated if suicide is not successful.
I. ELEMENTS OF DISCHARGE OF FIREARMS: (254)
1. that the offender discharges a firearm against or at another
person.
2. That the offender has no intention to kill that person.
 Notes:
1. The offender must shoot at another with any firearm without
intention of killing him. If the firearm is not discharged at a
person, the act is not punished under this article
 2. A discharge towards the house of the victim is not discharge
of firearm. On the other hand, firing a gun against the house
of the offended party at random, not knowing in what part of
the house the people were, it is only alarm under art 155.
3. Usually, the purpose of the offender is only to intimidate or
frighten the offended party
4. Intent to kill is negated by the fact that the distance between
the victim and the offender is 200 yards
5. A person can be held liable for discharge even if the gun was
not pointed at the offended party when it fired for as long as it
was initially aimed at or against the offended party.
J. ELEMENTS OF INFANTICIDE: (255)
1. That a child was killed.
2. That the deceased child was less than three days (72 hours)
of age.
3. That the accused killed the said child.
Notes:
1. When the offender is the father, mother or legitimate
ascendant, he shall suffer the penalty prescribed for parricide.
If the offender is any other person, the penalty is that for
murder. In either case, the proper qualification for the offense
is infanticide
2. When infanticide is committed by the mother or maternal
grandmother in order to conceal the dishonor, such fact is
only mitigating
3. The delinquent mother who claims that she committed the
offense to conceal the dishonor must be of good reputation.
Hence, if she is a prostitute, she is not entitled to a lesser
penalty because she has no honor to conceal
 4. There is no infanticide when the child was born dead, or
although born alive it could not sustain an independent life
when it was killed.
K. ELEMENTS OF INTENTIONAL ABORTION: (256)
1. That there is a pregnant woman.
2. That violence is exerted, or drugs or beverages administered,
or that the accused otherwise acts upon such pregnant
woman.
3. That as a result of the use of violence or drugs or beverages
upon her, or any other act of the accused, the fetus dies,
either in the womb or after having been expelled therefrom.
4. That the abortion is intended.
L. ELEMENTS OF UNINTENTIONAL ABORTION: (257)
1. That there is a pregnant woman.
2. That violence is used upon such pregnant woman without
intending an abortion.
3. That the violence is intentionally exerted.
4. That as a result of the violence that fetus dies, either in the
womb or after having been expelled therefrom.
Notes:
1. Unintentional abortion can also be committed through
negligence
1. The accused can only be held liable if he knew that the
woman was pregnant
2. If there is no intention to cause abortion and neither was
violence exerted, arts 256 and 257 does not apply.
M. ELEMENTS OF ABORTION PRACTICED BY THE WOMAN
HERSELF OR BY HER PARENTS: (258)
 1. That there is a pregnant woman who has suffered an
abortion.
2. That the abortion is intended.
3. That the abortion is caused by –
1. the pregnant woman herself
2. any other person, with her consent, or
3. any of her parents, with her consent for the purpose of
concealing her dishonor.
Notes:
1. Liability of the pregnant woman is mitigated if the purpose is
to conceal her dishonor. However, there is no litigation for the
parents of the pregnant women even if their purpose is to
conceal their daughter’s dishonor
2. In infanticide, parents can avail of the mitigating circumstance
of concealing the dishonor of their daughter. This is not so for
art 258
N. ELEMENTS OF ABORTION PRACTICED BY A PHYSICIAN
OR MIDWIFE AND DISPENSING OF ABORTIVES: (259)
1. That there is a pregnant woman who has suffered an
abortion.
2. That the abortion is intended.
3. That the offender, who must be a physician or midwife,
causes or assists in causing the abortion.
4. That said physician or midwife takes advantage of his or her
scientific knowledge or skill.
Notes:
1. It is not necessary that the pharmacist knew that the abortive
would be used to cause abortion. What is punished is the act
 of dispensing an abortive without the proper prescription. It is
not necessary that the abortive be actually used
2. If the pharmacist knew that the abortive would be used to
cause abortion and abortion results, he is liable as an
accomplice
O. RESPONSIBILITY OF PARTICIPANTS IN A DUEL: (260)
Acts punished:
1. Killing one’s adversary in a duel
2. Inflicting upon the adversary serious physical injuries
3. Making a combat although no physical injuries have been
inflicted
Persons liable:
1. Principals – person who killed or inflicted physical injuries
upon his adversary, or both combatants in any other cases
2. Accomplices – as seconds
Notes:
1. Duel: a formal or regular combat previously concerted
between 2 parties in the presence of 2 or more seconds of
lawful age on each side, who make the selection of arms and
fix all the other conditions of the fight
2. If death results, the penalty is the same as that for homicide
P. CHALLENGING TO A DUEL: (261)
Acts punishable:
1. Challenging another to a duel
2. Inciting another to give or accept a challenge to a duel
3. Scoffing at or decrying another publicly for having refused to
accept a challenge to fight a duel
Persons liable:
1. Challenger
2. Instigators
II. PHYSICAL INJURIES
1. A. MUTILATION: (262)
Kinds of Mutilation
1. Intentionally mutilating another by depriving him, totally or
partially, of some essential organ for reproduction
2. Intentionally making another mutilation, i.e. lopping, clipping
off any part of the body of the offended party, other than the
essential organ for reproduction, to deprive him of that part of
the body
Elements:
1. There be a castration i.e. mutilation of organs necessary for
generation
2. Mutilation is caused purposely and deliberately
Notes:
1. In the first kind of mutilation, the castration must be made
purposely. Otherwise, it will be considered as mutilation of the
second kind
2. Mayhem: refers to any other intentional mutilation
1. B. SERIOUS PHYSICAL INJURIES: (263)
How Committed
1. Wounding
2. Beating
3. Assaulting
 4. Administering injurious substances
What are serious physical injuries:
1. Injured person becomes insane, imbecile, impotent or blind
2. Injured person –
1. loses the use of speech or the power to hear or to smell,
loses an eye, a hand, foot, arm or leg
2. loses the use of any such member
3. becomes incapacitated for the work in which he had been
habitually engaged
3. Injured person –
1. becomes deformed
2. loses any other member of his body
3. loses the use thereof
4. becomes ill or incapacitated for the performance of the
work in which he had been habitually engaged in for
more than 90 days
1. Injured person becomes ill or incapacitated for labor
for more than 30 days (but not more than 90 days)
Notes:
1. Serious physical injuries may be committed through reckless
imprudence or simple imprudence
2. There must be no intent to kill
3. Impotent should include inability to copulate and sterility
4. Blindness requires lost of vision in both eyes. Mere weakness
in vision is not contemplated
5. Loss of power to hear must involve both ears. Otherwise, it
will be considered as serious physical injuries under par 3
 6. Loss of use of hand or incapacity of usual work in par 2 must
be permanent
7. Par 2 refers to principal members of the body. Par 3 on the
other hand, covers any other member which is not a principal
part of the body. In this respect, a front tooth is considered as
a member of the body, other than a principal member
8. Deformity: means physical ugliness, permanent and definite
abnormality. Not curable by natural means or by nature. It
must be conspicuous and visible. Thus, if the scar is usually
covered by a dress, it would not be conspicuous and visible
9. The loss of 3 incisors is a visible deformity. Loss of one
incisor is not. However, loss of one tooth which impaired
appearance is a deformity
10. Deformity by loss of teeth refers to injury which cannot be
impaired by the action of the nature
11. Loss of both outer ears constitutes deformity and also loss of
the power to hear. Meanwhile, loss of the lobule of the ear is only
a deformity
12. Loss of the index and middle fingers is either a deformity or
loss of a member, not a principal one of his body or use of the
same
13. Loss of the power to hear in the right ear is considered as
merely loss of use of some other part of the body
14. If the injury would require medical attendance for more than
30 days, the illness of the offended party may be considered as
lasting more than 30 days. The fact that there was medical
attendance for that period of time shows that the injuries were not
cured for that length of time
15. Under par 4, all that is required is illness or incapacity, not
medical attendance
16. In determining incapacity, the injured party must have an
avocation at the time of the injury. Work: includes studies or
preparation for a profession
17. When the category of the offense of serious physical injuries
depends on the period of the illness or incapacity for labor, there
must be evidence of the length of that period. Otherwise, the
offense will only be considered as slight physical injuries
18. There is no incapacity if the injured party could still engage in
his work although less effectively than before
19. Serious physical injuries is qualified when the crime is
committed against the same persons enumerated in the article on
parricide or when it is attended by any of the circumstances
defining the crime of murder. However, serious physical injuries
resulting from excessive chastisement by parents is not qualified
serious physical injuries

1. C. ELEMENTS OF ADMINISTERING INJURIOUS

SUBSTANCES OR BEVERAGES: (264)
1. That the offender inflicted upon another person any
serious physical injury
2. That it was done knowingly administering to him any
injurious substances or beverages or by taking
advantage of his weakness of mind of credulity
3. He had no intent to kill
Notes:
1. It is frustrated murder when there is intent to kill
2. Administering means introducing into the body the substance,
thus throwing of the acid in the face is not contemplated.
1. D. ELEMENTS OF LESS SERIOUS PHYSICAL INJURIES:
(265)
 1. That the offended party is incapacitated for labor for 10
days or more (but not more than 30 days), or needs
medical attendance for the same period of time
2. That the physical injuries must not be those described in
the preceding articles
Notes:
1. Circumstances qualifying the offense:
1. when there is manifest intent to insult or offend the
injured person
2. when there are circumstances adding ignominy to the
offense
3. when the victim is either the offender’s parents,
ascendants, guardians, curators or teachers
4. when the victim is a person of rank or person in authority,
provided the crime is not direct assault
5. It falls under this article even if there was no incapacity
but the medical treatment was for 13 days
1. E. SLIGHT PHYSICAL INJURIES: (266)
3 Kinds:
1. That which incapacitated the offended party for labor from 1-9
days or required medical attendance during the same period
2. That which did not prevent the offended party from engaging
in his habitual work or which did not require medical
attendance (ex. Black-eye)
3. Ill-treatment of another by deed without causing any injury
(ex. slapping but without causing dishonor)
1. F. RAPE (ART 355)
The Anti-Rape Law of 1997 (RA 8353) now classified the crime of
rape as Crime Against Personsincorporated into Title 8 of the
RPC to be known as Chapter 3
Elements: Rape is committed
1. By a man who have carnal knowledge of a woman under any
of the following circumstances:
1. through force, threat or intimidation
2. when the offended party is deprived of reason or
otherwise unconscious
3. by means of fraudulent machination or grave abuse of
authority
4. when the offended party is under 12 years of age or is
demented, even though none of the circumstances
mentioned above be present
5. By any person who, under any of the circumstances
mentioned in par 1 hereof, shall commit an ac of sexual
assault by inserting
1. his penis into another person’s mouth or anal orifice,
or
2. any instrument or object, into the genital or anal
orifice of another person
Rape committed under par 1 is punishable by:
1. reclusion perpetua
2. reclusion perpetuato DEATH when
1. victim became insane by reason or on the occasion of
rape
2. b. the rape is attempted and a homicide is committed
by reason or on the occasion thereof
3. DEATH when
1. homicide is committed
2. victim under 18 years and offender is:
1. parent
2. ascendant
3. step-parent
4. guardian
5. relative by consanguinity or affinity with the 3rd civil
degree or
6. common law spouse of parent of victim
3. c. under the custody of the police or military authorities
or any law enforcement or penal institution
4. committed in full view of the spouse, parent or any of the
children or other relatives within the 3rddegree of
consanguinity
5. victim is a religious engaged in legitimate religious
vocation or calling and is personally known to be such by
the offender before or at the time of the commission of
the crime
6. a child below 7 years old
7. g. offender knows he is afflicted with HIV or AIDS
or any other sexually transmissible disease and the virus
is transmitted to the victim
8. h. offender; member of the AFP, or para-military units
thereof, or the PNP, or any law enforcement agency or
penal institution, when the offender took advantage of his
position to facilitate the commission of the crime
9. victim suffered permanent physical mutilation or disability
 10. j. the offender knew of the pregnancy of the
offended party at the time of the commission of the crime;
and
11. k. when the offender knew of the mental disability,
emotional disorder and/or physical handicap or the
offended party at the time of the commission of the crime
Rape committed under par 2 is punishable by:
1. 1. prision mayor
2. 2. prision mayor to reclusion temporal
1. use of deadly weapon or
2. by two or more persons
3. reclusion temporal – when the victim has become insane
4. reclusion temporal to reclusion pepetua – rape is attempted
and homicide is committed
5. reclusion perpetua – homicide is committed by reason or on
occasion of rape
6. reclusion temporal – committed with any of the 10
aggravating circumstances mentioned above
Notes:
1. The underscored words are the amendments provided by RA
8353
2. Dividing age in rape:
1. less than 7 yrs old, mandatory death
2. less than 12 yrs old, statutory rape
3. less than 18 yrs old and there is relationship (e.g. parent
etc); mandatory death
TITLE NINE
I. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
A. ELEMENTS OF KIDNAPPING AND SERIOUS ILLEGAL
DETENTION: (267)
1.
1. Offender is a private individual
2. He kidnaps or detains another, or in any other manner
deprives the latter of his liberty
3. The act of detention or kidnapping must be illegal
4. That in the commission of the offense, any of the
following circumstances are present (becomes serious)
1. that the he kidnapping/detention lasts for more than
3 days
2. that it is committed simulating public authority
3. that any serious physical injuries are inflicted upon
the person kidnapped or detained or threats to kill
him are made, or
4. that the person kidnapped or detained is a minor
(except if parent is the offender), female or a public
officer
Note: When death penalty is imposed:
1. if kidnapping is committed for the purpose of extorting ransom
either from the victim or from any other person even if none of
the aforementioned are present in the commission of the
offense (even if none of the circumstances are present)
2. when the victim is killed or dies as a consequence of the
detention or is raped or is subjected to torture or
dehumanizing acts
B. ELEMENTS OF SLIGHT ILLEGAL DETENTION: (268)
 1.
1. Offender is a private person
2. He kidnaps or detains another or in any other maner
deprives him pof his liberty / furnished place for the
perpetuation of the crime
3. That the act of detention or kidnapping must be illegal
4. That the crime is committed without the attendant of any
of the circumstances enumerated in Art 267
Note: Privileged mitigating circumstances:
If the offender:
1. voluntarily releases the person so kidnapped or detained
within 3 days from the commencement of the detention
2. without having attained the purpose intended and
3. before the institution of criminal proceedings against him
C. ELEMENTS OF UNLAWFUL ARREST: (269)
1. That the offender arrests or detains another person
2. That the purpose of the offender is to deliver him to the
proper authorities
1. That the arrest or detention is not authorized by law or
there is no reasonable ground therefor
Notes:
1. Offender is any person, so either a public officer or private
individual
2. Refers to warrantless arrests
3. In art 125, the detention is for some legal ground while here,
the detention is not authorized by law
 4. In art 125, the crime pertains to failure to deliver the person to
the proper judicial authority within the prescribed period while
here, the arrest is not authorized by law
D. ELEMENTS OF KIDNAPPING AND FAILURE TO RETURN
A MINOR: (270)
1.
1. That the offender is entrusted with the custody of a minor
person (whether over or under 7 but less than 18 yrs old)
2. That he deliberately fails to restore the said minor to his
parents
E. ELEMENTS OF INDUCING A MINOR TO ABANDON HIS
HOME: (271)
1.
1. That the minor (whether over or under 7) is living in the
home of his parents or guardians or the person entrusted
with his custody
2. That the offender induces a minor to abandon such home
Notes:
1. Inducement must be actual, committed with criminal intent
and determined by a will to cause damage
2. Minor should not leave his home of his own free will
3. Mitigating if by father or mother
F. ELEMENTS OF SLAVERY: (272)
1. That the offender purchases. Sells, kidnaps or detains a
human being.
2. That the purpose of the offender is to enslave such human
being.
Note: Qualifying circumstance – if the purpose of the offender is
to assign the offended party to some immoral traffic (prostitution),
the penalty is higher
G. ELEMENTS OF EXPLOITION OF CHILD LABOR: (273)
1. That the offender retains a minor in his service.
2. That it is against the will of the minor.
3. That it is under the pretext of reimbursing himself of a debt
incurred by an ascendant, guardian or person entrusted with
the custody of such minor.
H. ELEMENTS OF SERVICES RENDERED UNDER
COMPULSION IN PAYMENT OF DEBT: (274)
1. That the offender compels a debtor to work for him, either as
household servant or farm laborer.
2. That it is against the debtor’s will.
3. That the purpose is to require or enforce the payment of a
debt.
II. CRIMES AGAINST SECURITY
A. ABANDONMENT OF PERSON IN DANGER AND
ABANDONMENT OF ONE’S OWN VICTIM: (275)
Acts punishable:
1. By failing to render assistance to any person whom the
offender finds in an inhabited place wounded or in danger of
dying, when he can render such assistance without detriment
to himself, unless such omission shall constitute a more
serious offense
Elements:
1. That place is not inhabited.
2. The accused found there a person wounded or in danger of
dying.
 3. The accused can render assistance without detriment to
himself.
1. The accused fails to render assistance.

1. By failing to help or render assistance to another whom the

offender has accidentally wounded or injured
2. By failing to deliver a child, under 7 whom the offender has
found abandoned, to the authorities or to his family, or by
failing to take him to a safe place.
B. ELEMENTS OF ABANDONING A MINOR: (276)
1. That the offender has the custody of a child.
2. That the child is under seven years of age.
3. That he abandons such child.
4. That he has no intent to kill the child when the latter is
abandoned.
Notes:
1. Conscious, deliberate, permanent, unless punishable by a
more serious offense
2. Qualifying circumstances:
1. when the death of the minor resulted from such
abandonment
2. if the life of the minor was in danger because of the
abandonment
C. ELEMENTS OF ABANDONMENT OF MINOR BY PERSON
ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF
PARENTS: (277)
Acts punished:
 1. By delivering a minor to a public institution or other persons
w/o consent of the one who entrusted such minor to the care
of the offender or, in the absence of that one, without the
consent of the proper authorities
Elements:
1. That the offender has charged of the rearing or education of a
minor.
2. That he delivers said minor to a public institution or other
persons.
3. That the one who entrusted such child to the offender has not
consented to such act, or if the one who entrusted such child
to the offender is absent; the proper authorities have not
consented to it.
4. By neglecting his (offender’s) children by not giving them
education which their station in life requires and financial
condition permits
Elements:
1. That the offender is a parent.
2. That he neglects his children by not giving them education.
3. That his station in life requires such education and his
financial condition permits it.
D. ELEMENTS OF EXPLOITATION OF MINORS: (278)
Acts punished:
1. By causing any boy or girl under 16 to perform any
dangerous feat of balancing, physical strength or contortion,
the offender being any person
2. By employing children under 16 who are not the children or
descendants of the offender in exhibitions of acrobat,
gymnast, rope-walker, diver, or wild-animal tamer or circus
manager or engaged in a similar calling
 3. By employing any descendant under 12 in dangerous
exhibitions enumerated in the next preceding paragraph, the
offender being engaged in any of said callings
4. By delivering a child under 16 gratuitously to any person
following any of the callings enumerated in par 2 or to any
habitual vagrant or beggar, the offender being an ascendant,
guardian, teacher or person entrusted in any capacity with the
care of such child
5. By inducing any child under 16 to abandon the home of its
ascendants; guardians, curators or teachers to follow any
person engaged in any of the callings mentioned in par 2 or
to accompany any habitual vagrant or beggar, the offender
being any person
Note: Qualifying Circumstance – if the delivery of the child to
any person following any of the callings of acrobat, rope-walker,
diver or wild-animal trainer or circus manager or to any habitual
vagrant of beggar is made in consideration of any price,
compensation or promise, the penalty is higher.
E. ADDITIONAL PENALTIES FOR OTHER OFFENSES: (279)

F. ELEMENTS OF TRESPASS TO DWELLING: (280)

1. That the offender is a private person.
2. That he enters the dwelling of another.
3. That such entrance is against the latter’s will.
Notes:
1. Qualifying circumstance: if the offense is committed by
means of violence or intimidation, the penalty is higher
2. There must be an opposition to the entry of the accused
 3. Implied prohibition is present considering the situation – late
at night and everyone’s asleep or entrance was made
through the window
4. Prohibition is not necessary when violence or intimidation is
employed by the offender
5. When there is no overt act of the crime intended to be
committed, this is the crime
6. May be committed even by the owner (as against the actual
occupant)
7. Not applicable to:
1. entrance is for the purpose of preventing harm to himself, the
occupants or a third person
2. purpose is to render some service to humanity or justice
3. place is a café, tavern etc while open
8. Medina case: when the accused entered the dwelling through
the window, he had no intent to kill any person inside, but the
intention to kill came to his mind when he was being arrested by
the occupants thereof, the crime of trespass to dwelling is a
separate and distinct offense from frustrated homicide
G. ELEMENTS OF OTHER FORMS OF TRESPASS: (281)
1. That the offender enters the closed premises or the fenced
estate of another.
2. That the entrance is made while either of them is uninhabited.
3. That the prohibition to enter be manifest.
4. That the trespasser has not secured the permission of the
owner or the caretaker thereof.
H. GRAVE THREATS WHERE OFFENDER ATTAINED HIS
PURPOSE: (282)
Acts punishable:
 1. By threatening another with the infliction upon his person,
honor or property that of his family of any wrong amounting to
a crime and demanding money or imposing any other
condition, even though not unlawful and the offender (Note:
threat is with condition)
Elements:
1. That the offender threatens another person with the infliction
upon the latter’s person, honor or property, or upon that of the
latter’s family, of any wrong.
2. That such wrong amounts to a crime.
3. That there is a demand for money or that any other condition
is imposed, even though not unlawful.
4. That the offender attains his purpose.
5. By making such threat without the offender attaining his
purpose
6. By threatening another with the infliction upon his person,
honor or property or that of his family of any wrong amounting
to a crime, the threat not being subject to a condition (Note:
threat is without condition)
Elements:
1. That the offender threatens another person with the infliction
upon the latter’s person, honor or property, or upon that of the
latter’s family, of any wrong.
2. That such wrong amounts to a crime.
3. That the threat is not subject to a condition
Notes:
1. Aggravating circumstances: if made in writing or thru a
middleman
2. Frustrated – if not received by the person being threatened
 3. Art 284 bond from good behavior may be imposed (only in
these offenses)
I. ELEMENTS OF LIGHT THREATS: (283)
1. That the offender makes a threat to commit a wrong.
2. That the wrong does not constitute a crime.
3. That there is a demand for money or that other condition is
imposed, even though not unlawful
4. That the offender has attained his purpose or, that he has not
attained his purpose
Art 284 bond from good behavior may be imposed Notes:
1. (only in these offenses)
2. The wrong does not amount to a crime
J. BOND FOR GOOD BEHAVIOR: (284)
K. ELEMENTS OF OTHER LIGHT THREATS: (285)
1. Person shall threaten another with a weapon, or draw
weapon in a quarrel unless in self-defense.
2. In the heat of anger, person orally threatens another with
some harm constituting a crime, without persisting in the idea
involved in the threat. Subsequent acts did not persist.
3. Person orally threatens another with harm not constituting a
felony.
L. ELEMENTS OF GRAVE COERCIONS: (286)
1. That a person prevented another from doing something OR
not to do something against his will, be it right or wrong;
2. That the prevention or compulsion be effected by violence, of
force as would produce intimidation and control the will.
3. That the person that restrained the will and liberty by another
had not the authority of law or the right to do so, or, in other
 words, that the restraint shall not be made under authority of
law or in the exercise of any lawful right.
M. ELEMENTS OF LIGHT COERCIONS: (287)
1. That the offender must be a creditor.
2. That he seizes anything belonging to his debtor.
3. That the seizure of the thing be accomplished by means of
violence or a display of material force producing intimidation;
4. That the purpose of the offender is to apply the same to the
payment of the debt.
N. ELEMENTS OF OTHER SIMILAR COERCIONS: (288)
ELEMENTS OF NO. 1
1. That the offender is any person, agent or officer of any
association or corporation.
2. That he or such firm or corporation has employed laborers or
employees.
3. That he forces or compels, directly or indirectly, or knowingly
permits to be forced or compelled, any of his or its laborers or
employees to purchase merchandise or commodities of any
kind from his or from said firm or corporation.
ELEMENTS OF NO. 2
1. That the offender pays the wages due a laborer or employee
employed by him by means of tokens or objects.
2. That those tokens or objects are other than the legal tender
currency to the Philippines.
3. That such employee or laborer does not expressly request
that he be paid by means of tokens or objects.
O. ELEMENTS OF FORMATION, MAINTENANCE, AND
PROHIBITION OF COMBINATION OF CAPITAL OR LABOR
THROUGH VIOLENCE OR THREATS: (289)
 1. That the offender employs violence or threats, in such a
degree as to compel or force the laborers or employers in the
free and legal exercise of their industry or work
2. That the purpose is to organize, maintain or prevent coalitions
of capital or labor, strike of laborers or lockout of employees.

III. DISCOVERY AND REVELATION OF SECRETS

A. ELEMENTS OF DISCOVERING SECRETS THROUGH
SEIZURE OF CORRESPONDENCE: (290)
1. That the offender is a private individual or even a public
officer not in the exercise of his official function,
2. That he seizes the papers or letters of another.
3. That the purpose is to discover the secrets of such another
person.
4. That offender is informed of the contents or the papers or
letters seized.
Notes:
1. Not applicable to parents with respect to minor children
2. Contents need not be secret but purpose prevails
3. Circumstances qualifying the offense: when the offender
reveals contents of such papers or letters of another to a
3rd person, the penalty is higher
B. ELEMENTS OF REVEALING SECRETS WITH ABUSE OF
OFFICE: (291)
1. That the offender is a manager, employee or servant.
2. That he learns the secrets of his principal or master in such
capacity.
3. That he reveals such secrets.
C. ELEMENTS OF REVELATION OF INDUSTRIAL SECRETS:
(292)
1. That the offender is a person in charge, employee or
workman of a manufacturing or industrial establishment.
2. That the manufacturing or industrial establishment has a
secret of the industry which the offender has learned.
3. That the offender reveals such secrets.
4. That the prejudice is caused to the owner.
TITLE TEN
I. CRIMES AGAINST PROPERTY
A. ELEMENTS OF ROBBERY IN GENERAL: (293)
1. That there be personal property belonging to another.
2. That there is unlawful taking of that property.
3. That the taking must be with intent to gain, and
4. That there is violence against or intimidation of any person, or
force upon anything.
Notes:
1. Belonging to another – person from whom property was taken
need not be the owner, legal possession is sufficient
2. Name of the real owner is not essential so long as the
personal property taken does not belong to the accused
except if crime is robbery with homicide
3. Taking of personal property – must be unlawful; if given in
trust – estafa
4. As to robbery with violence or intimidation – from the moment
the offender gains possession of the thing even if offender
has had no opportunity to dispose of the same, the unlawful
taking is complete
5. As to robbery with force upon things – thing must be taken
out of the building
6. Intent to gain – presumed from unlawful taking
7. Taking must not be under the claim of title or ownership
8. When there’s no intent to gain but there is violence in the
taking – grave coercion
9. Violence or intimidation must be against the person of the
offended party, not upon the thing
10. General rule: violence or intimidation must be present before
the “taking” is complete
11. Except: when violence results in – homicide, rape, intentional
mutilation or any of the serious physical injuries in par 1 and 2 of
art 263, the taking of the property is robbery complexed with any
of these crimes under art 294, even if taking is already complete
when violence was used by the offender
12. Use of force upon things – entrance to the building by means
described in arts 299 and 302 (offender must enter)
13. When both violence or intimidation and force upon things
concur – it is robbery with violence

Robbery with
violence Grave threats Grave coercion

Intent to gain No intent to gain None

Intimidation (effect) is
Intimidation; immediate and offended
promises some party is compelled to do
Immediate future harm or something against his will
harm injury (w/n right or wrong)

Robbery Bribery

X didn’t commit crime but is X has committed a crime and

intimidated to deprive him of gives money as way to avoid
his property arrest or prosecution

Deprived of Php thru force or Giving of Php is in one sense

intimidation voluntary

Neither
Transaction is voluntary and
 mutual

Ex. defendant demands

payment of P2.00 with threats
of arrest and prosecution,
therefore, robbery because
(a) intent to gain and (b)
immediate harm

A. ELEMENTS OF ROBBERY WITH VIOLENCE AGAINST OR

INTIMIDATION OF PERSON: (294)
Acts punished as robbery with violence against or intimidation of
persons
By reason or on occasion of the robbery, the following are
committed:
1. homicide
2. robbery accompanied with rape or intentional mutilation, SPI
– insane, imbecile, impotent or blind
3. SPI – lost the use of speech, hear, smell, eye, hand, foot,
arm, leg, use of any such member, incapacitated for work
habitually engaged in
4. Violence/intimidation shall have been carried to a degree
clearly unnecessary for the crime or when in the cause of its
execution – SPI/deformity, or shall have lost any part of the
body or the use thereof or shall have been ill or incapacitated
for the performance of the work for > 90 days; > 30 days
5. Any kind of robbery with less serious physical injuries or slight
physical injuries
Notes:
1. special complex crimes (specific penalties prescribed)
1. robbery with homicide – if original design is robbery and
homicide is committed – robbery with homicide even
though homicide precedes the robbery by an appreciable
time. If original design is not robbery but robbery was
committed after homicide as an afterthought – 2 separate
offenses. Still robbery with homicide – if the person killed
was an innocent bystander and not the person robbed
and if death supervened by mere accident.
2. robbery with rape – intent to commit robbery must
precede rape. Prosecution of the crime need not be by
offended party – fiscal can sign the information. When
rape and homicide co-exist, rape should be considered
as aggravating only and the crime is still robbery with
homicide
3. robbery with intimidation – acts done by the accused
which by their own nature or by reason of the
circumstances inspire fear in the person against whom
they are directed
4. qualifying circumstances in robbery with violence or
intimidation of persons, if any of the offenses defined in
subdivisions 3, 4 and 5 of Art 294 is committed:
1. in an uninhabited place or
2. by a band or
3. by attacking a moving train, street car, motor vehicle
or airship, or
4. by entering the passenger’s compartments in a train,
or in any manner taking the passengers thereof by
surprise in the respective conveyances, or
5. on a street, road, highway or alley and the
intimidation is made with the use of firearms, the
offender shall be punished by the max period of the
proper penalties prescribed in art 294
B. QUALIFIED ROBBERY WITH VIOLENCE OR
INTIMIDATION (295)
Notes:
1. Must be alleged in the information
2. Can’t be offset by generic mitigating
3. Art 295 will not apply to: robbery w/ homicide, rape or SPI
under par 1 of art 263

C. ROBBERY BY A band: (296)

notes:
1. More than 3 armed malefactors
2. Liability for the acts of the other members of the band
3. Conspiracy to commit robbery with homicide – even if less
than 4 armed men
4. Conspiracy to commit robbery only but homicide was
committed also on the occasion thereof – all members of the
band are liable for robbery with homicide
5. Conspiracy is presumed when 4 or more armed persons
committed robbery
6. Unless the others attempted to prevent the assault – guilty of
robbery by band only
1. he was a member of the band
2. he was present at the commission of a robbery by that band
3. other members of the band committed an assault
4. he did not attempt to prevent the assault
D. ATTEMPTED OR FRUSTRATED ROBBERY WITH
HOMICIDE: (297)
Notes:
1. Whether robbery is attempted or frustrated, penalty is the
same
2. Where offense committed is attempted or frustrated robbery
with serious physical injuries – article 48 is applicable

E. ELEMENTS OF EXECUTION OF DEEDS BY MEANS OF

VIOLENCE OR INTIMIDATION: (298)
1. That the offender has intent to defraud another.
2. That the offender compels him to sign, execute, or deliver any
public instrument or document.
3. That the compulsion is by means of violence or intimidation.

F. ELEMENTS OF ROBBERY IN AN INHABITED HOUSE OR

PUBLIC BUILDING OR EDIFICE DEVOTED TO WORSHIP:
(299)
1. That the offender entered (a) an inhabited house, or (b) public
buildings, or (c) edifice devoted to religious worship.
2. That the entrance was effected by any of the following
means:
1. Through an opening not intended for entrance or egress.
2. By breaking any wall, roof, or floor or breaking any door
or window.
3. By using false keys, picklocks or similar tools or.
4. By using any fictitious name or pretending the exercise of
public authority.
 5. That once inside the building, the offender took personal
property belonging to another with intent to gain.

Notes:
1. Includes dependencies (stairways, hallways, etc.)
2. Inhabited house – any shelter, ship or vessel constituting the
dwelling of one or more person even though temporarily
absent – dependencies, courts, corals, barns, etc.
3. NOT INCLUDED – ORCHARD, LANDS FOR CULTIVATION.
4. Important for robbery by use of force upon things, it is
necessary that offender enters the building or where object
may be found. NO ENTRY, NO ROBBERY
5. Entrance is necessary – mere insertion of hand is not enough
(whole body); not to get out but to enter – therefore, evidence
to such effect is necessary
6. P v. Lamahang – intent to rob being present is necessary
7. Place: house or building; not car
8. Public building – every building owned, rented or used by the
government (though owned by private persons) though
temporarily vacant
9. Not robbery – passing through open door but getting out of a
window
10. Outside door must be broken, smashed. Theft – if lock is
merely removed or door was merely pushed
11. False keys – genuine keys stolen from the owner or any keys
other than those intended by the owner for use in the lock
12. Picklocks – specially made, adopted for commission of
robbery
13. Key – stolen not by force, otherwise, it’s robbery by violence
and intimidation against persons
14. False key – used in opening house and not furniture inside,
otherwise, theft (for latter to be robbery., must be broken and not
just opened)
15. Gen. Rule: outside door. Exception: inside door in a separate
dwelling
16. E.g. pretending to be police to be able to enter (not pretending
after entrance)

G. ELEMENTS OF ROBBERY WITH FORCE UPON

SUBDIVISION (B) OR ART. 299
1. That the offender is inside a dwelling house, public building,
or edifice devoted to religious worship, regardless of the
circumstances under which he entered it
2. That the offender takes personal property belonging to
another with intent to gain, under any of the following
circumstances.
1. by the breaking of doors, wardrobes, chests, or any other
kind of locked or sealed furniture or receptacle, or
2. by taking such furniture or objects away to be broken or
forced open outside the place of the robbery.
Notes:
1. Entrance ( no matter how done)
2. Offender may be servants or guests
3. Destruction of keyhole of cabinet is robbery here
4. When sealed box is taken out for the purpose of breaking it,
no need to open – already consummated robbery
5. Estafa – if box is in the custody of acc
 6. Theft – if box found outside and forced open

H. ROBBERY IN AN UNINHABITED PLACE AND BY A BAND:

(300)
I. WHAT IS AN UNINHABITED HOUSE, PUBLIC BUILDING
OR BUILDING DEDICATED TO RELIGIOUS WORSHIP AND
THEIR DEPENDENCIES: (301)
Notes:
1. dependencies – are all interior courts, corrals, warehouses,
granaries or enclosed places:
1. contiguous to the building
2. having an interior entrance connected therewith
3. which form part of the whole
2. Garage – must have 3 requirements. Exception: orchards/lands

J. ELEMENTS OF ROBBERY IN AN UNINHABITED PLACE OR

IN A PRIVATE BUILDING: (302)
1. That the offender entered an uninhabited place or a building
which was not a dwelling house, not a public building, or not
an edifice devoted to religious worship.
2. that any of the following circumstances was present:
3. That with intent to gain the offender took therefrom personal
property belonging to another.
OR
1. That entrance was effected through an opening not intended
for entrance or egress.
2. A wall, roof, floor, or outside door or window was broken.
 3. The entrance was effected through the use of false keys,
picklocks or other similar tools.
4. A door, wardrobe, chest, or any sealed or closed furniture or
receptacle was broken or
5. A closed or sealed receptacle was removed, even if the same
be broken open elsewhere.
Notes:
1. Second kind of robbery with force upon things
2. Uninhabited place – is an uninhabited building (habitable, not
any of the 3 places mentioned)
3. Ex. warehouse, freight car, store. Exception: pigsty
4. Same manner as 299 except that was entered into was an
uninhabited place or a building other than the 3 mentioned in
299. Exception: does not include use of fictitious name or
pretending the exercise of public authority
5. Breaking of padlock (but not door) is only theft
6. False keys – genuine keys stolen from the owner or any other
keys other than those intended by the owner for use in the
lock forcibly opened
K. ROBBERY OF CEREALS, FRUITS OR FIRE WOOD IN AN
UNINHABITED PLACE OR PRIVATE BUILDING: (303)

L. ELEMENTS OF ILLEGAL POSSESSION OF PICKLOCKS

OR SIMILAR TOOLS: (304)
1. That the offender has in his possession picklocks or similar
tools.
2. That such picklocks or similar tools are specially adopted to
the commission of robbery.
 3. That the offender does not have lawful cause for such
possession.
Note: Actual use of the same is not necessary

M. ELEMENTS OF FALSE KEYS: (305)

1. Picklocks, etc.
2. Genuine key stolen from owner.
3. Any key other than those intended by owner for use in the
lock forcibly opened by the offender
Notes:
1. Possession of false keys here not punishable
2. If key was entrusted and used to steal, not robbery (not
stolen)
II. BRIGANDAGE
A. BRIGANDAGE: (306)
Brigands – more than three armed persons forming a band
Purpose:
a. Robbery in highway
1. b. Kidnapping for extortion or ransom.
1. Any other purpose to be obtained by means of force and
violence.
Presumption of Brigandage:
1. if members of lawless band and possession of unlicensed
firearms (any of them)
2. possession of any kind of arms (not just firearm)
3.

BRIGANDAGE ROBBERY IN BAND

Only to commit robbery, not

Purposes are given necessarily in hi-way

Mere formation of a band for If the purpose is to commit a

the above purpose part robbery

Necessary to prove that band

actually committed robbery

B. ELEMENTS OF AIDING AND ABETTING A BAND OF

BRIGANDS: (307)
1. That there is a band of brigands.
2. That the offender knows the band to be of brigands.
 3. That the offender does any of the following acts:
1. he in any manner aids, abets or protects such band if
brigands, or
2. he gives them information of the movements of the police or
other peace officers of the government or
3. He acquires or receives the property taken by such brigands.
Notes:
1. PD 532 – brigandage. Seizure of any person for: (a) ransom;
(b) extortion or other unlawful purpose; (c) taking away of
property by violence or intimidation or force upon things or
other unlawful means
2. Committed by any person
3. On any Phil hi-way
III. THEFT
A. ELEMENTS OF THEFT: (308)
1. That there be taking of personal property.
2. That said property belongs to another.
3. That the taking be done with intent to gain.
4. That the taking be done without the consent of the owner.
5. That the taking be accomplished without the use of violence
against or intimidation of persons or force upon things.

Persons liable:
1. Those who
a) with intent to gain
b) but without violence against or intimidation of persons not
force upon things
c) take
d) personal property
e) of another
f) without the latter’s consent

1. Those who
a) having found lost property
b) fail to deliver the same to local authorities or its owner
Notes:
1. Retention of money/property found is theft. Retention is
failure to return (intent to gain)
 2. Knowledge of owner is not required, knowledge of loss is
enough
3. Finder in law is liable
4. Those who
a) after having maliciously damaged the property of another
b) remove or make use of the fruits or object of the damage
caused by them

Note: Killing of cattle of another which destroyed his property and

getting meat for himself
1. Those who
a) enter an enclosed estate or a field where
b) trespass is forbidden or which belongs to another and,
without the consent of its owner
c) hunts or fish upon the same or gather fruits, cereals or other
forest or farm products

Notes:
1. Theft is consummated when offender is able to place the
thing taken under his control and in such a situation as he
could disclose of it at once (though no opportunity to dispose)
i.e, the control test
2. P v. Dino – applies only in theft of bulky goods (meaning
there has to be capacity to dispose of the things).
Otherwise, P v. Espiritu – full possession is enough
3. Servant using car without permission deemed qualified theft
though use was temporary
 4. Reyes says: there must be some character of permanency in
depriving owner of the use of the object and making himself
the owner, therefore must exclude “joyride”
5. Theft: if after custody (only material possession) of object was
given to the accused, it is actually taken by him (no intent to
return) e.g. felonious conversion. But it is estafa if juridical
possession is transferred e.g., by contract of bailment
6. Includes electricity and gas
1. inspector misreads meter to earn
2. one using a jumper
7. Selling share of co-partner is not theft
8. Salary must be delivered first to employee; prior to this, taking
of Php is theft
9. If offender claims property as his own (in good faith) – not
theft (though later found to be untrue. If in bad faith – theft)
10. Gain is not just Php – satisfaction, use, pleasure desired, any
benefit (e.g. joyride)
11. Actual gain is not necessary (intent to gain necessary)
12. Allege lack of consent in info is important

B. ELEMENTS OF HUNTING, FISHING OR GATHERING

FRUITS, ETC. IN ENCLOSED ESTATE
(PAR. NO.3, ART. 308)
1. That there is an enclosed estate or a field where trespass is
forbidden or which belongs to another;
2. That the offender enters the same.
3. That the offender hunts or fishes upon the same or gathers
fruits, cereals or other forest or farm products, and
 4. That the hunting or fishing or gathering of products is without
the consent of the owner.
Note: Fish not in fishpond, otherwise, qualified
C.PENALTIES FOR QUALIFIED THEFT; (309)
D. ELEMENTS OF QUALIFIED THEFT: (310)
1. Committed by domestic servant, or
2. With grave abuse of confidence, or
3. Property stolen is:
1. motor vehicle
2. mail matter
3. large cattle
4. coconut from plantation
5. fish from fishpond or fishery, or
6. On occasion of calamities and civil disturbance.
Notes:
1. “grave abuse” – high degree of confidence e.g. guests
2. no confidence, not qualified theft
3. theft – material possession’ estafa – juridical possession
4. qualified: if done by one who has access to place where
stolen property is kept e.g., guards, tellers
5. novation theory applies only if there’s a relation
6. industrial partner is not liable for QT (estafa)
7. when accused considered the deed of sale as sham (modus)
and he had intent to gain, his absconding is QT
8. see carnapping law: RA 6539
 9. motor vehicle in kabit system sold to another-theft. Motor
vehicle not used as PU in kabit system but under K of lease-
estafa
10. 10. mail matter – private mail to be QT, Not postmaster –
Art. 226
11. theft of large cattle
E. ELEMENTS OF THEFT OF PROPERTY OF THE NATIONAL
LIBRARY AND NATIONAL MUSEUM: (311)

IV. USURPATION
A. ELEMENTS OF OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN PROPERTY: (312)
1. That the offender takes possession of any real property or
usurps any real rights in property.
2. That the real property or real rights belong to another.
3. That violence against or intimidation of persons is used by the
offender in occupying real property or usurpation real rights in
property.
4. That there is intent to gain.
B. ELEMENTS OF ALTERING BOUNDARIES OR
LANDMARKS: (313)
1. That there be boundary marks or monuments of towns,
provinces, or estates, or any other marks intended to
designate the boundaries of the same.
2. That the offender alters said boundary marks.

V. CULPABLE INSOLVENCY
A. ELEMENTS OF FRAUDULENT INSOLVENCY:
(314) (culpable insolvency)
1. That the offender is a debtor; that is, he was obligations due
and payable.
2. That he absconds with his property.
3. That there be prejudice to his creditors.

VI. SWINDLING AND OTHER DECEITS

A. ELEMENTS OF ESTAFA IN GENERAL: (315)
1. That the accused defrauded another (a.) by abuse of
confidence, or (b) or means of deceit and
2. That damage or prejudice capable of pecuniary estimation is
caused to the offended party or third person
B. ELEMENTS OF ESTAFA WITH UNFAITHFULNESS: (315)
1. That the offender has an onerous obligation to deliver
something of value.
2. That he alters its substance, quantity, or quality.
3. That damage or prejudice is caused to another.
C. ELEMENTS OF ESTAFA WITH ABUSE OF CONFIDENCE
UNDER SUBDIVISION NO.1 PAR. (B), OFART.315
1. That money, goods, or other personal property be received
by the offender in trust, or on commission, or for
administration, or under any other obligation involving the
duty to make delivery of or to return, the same.
2. That there be misappropriation or conversion of such money
or property by the offender, or dental on his part of such
receipt.
 3. that such misappropriation or conversion or dental is to the
prejudice of another and
4. That there is a demand made by the offended party to the
offender.
D. 2ND ELEMENT OF ESTAFA WITH ABUSE OF CONFIDENCE
UNDER PARAGRAPH (B), SUBDIVISION N0.1, ART. 315 = 3
WAYS OF COMMITTING:
1. By misappropriating the thing received.
2. By converting the thing received.
3. By denying that the thing was received.
Notes:
1. Unfaithful or Abuse of Confidence
a. by altering the substance
b. existing obligation to deliver – even if it is not a subject of lawful
commerce
c. thing delivered has not been fully or partially paid for – not
estafa
3. no agreement as to quality – No estafa if delivery is
unsatisfactory

1. By misappropriating and converting

1. thing is received by offender under transactions transferring
juridical possession, not ownership
2. under PD 115 (Trust Receipts Law) – failure to turn over to
the bank the proceeds of the sale of the goods covered by TR
– Estafa
3. same thing received must be returned otherwise estafa; sale
on credit by agency when it was to be sold for cash – estafa
 4. Estafa – not affected by Novation of Contract because it is a
public offense
5. Novation must take place before criminal liability was incurred
or perhaps prior to the filing of the criminal information in
court by state prosecutors
6. Misappropriating – to take something for one’s own benefit
g. Converting – act of using or disposing of another’s property as
if it was one’s own; thing has been devoted for a purpose or use
different from that agreed upon
1. There must be prejudice to another – not necessary that
offender should obtain gain
2. When in the prosecution for malversation the public officer is
acquitted, the private individual allegedly in conspiracy with
him may be held liable for estafa
9. Partners – No estafa of money or property received for the
partnership when the business is commercial and profits
accrued. BUT if property is received for specific purpose and
is misappropriated – estafa!
10. Failure to account after the DEMAND is circumstantial
evidence of misappropriation
11. DEMAND is not a condition precedent to existence of estafa
when misappropriation may be established by other proof
12. In theft, upon delivery of the thing to the offender, the owner
expects an immediate return of the ting to him – otherwise,
Estafa
13. Servant, domestic or employee who misappropriates a thing
he received from his master is NOT guilty of estafa but of
qualified theft

Estafa with Abuse of

Confidence Malversation
Offenders are entrusted with offenders are entrusted
funds or property and are with funds or property and
continuing offenses are continuing offenses

Funds: public funds or

Funds: always private property

Offender: private individual, Offender: public officer

or public officer not accountable for public
accountable funds

Committed by Committed by
misappropriating, converting, appropriating, taking,
denying having received
money misappropriating

E. ELEMENTS OF ESTAFA BY TAKING UNDUE ADVANTAGE

OF THE SIGNATURE IN BLANK: (315)
1. That the paper with the signature of the offended party be in
blank.
2. That the offended party should have delivered it to offender.
3. That above the signature of the offended party a document is
written by the offender without authority to do so.
4. That the document so written creates a liability of, or causes
damage to, the offended party or any third person.
Note: If the paper with signature in blank was stolen –
Falsification if by making it appear that he participated in a
transaction when in fact he did not so participate.
F. ELEMENTS OF ESTAFA BY MEANS OF DECEIT: (315)
1. that there must be a false pretense, fraudulent means must
be made or executed prior to or
 2. That such false pretense, fraudulent act or fraudulent means
must be made or executed prior to or simultaneously with the
commission of the fraud.
3. That the offended party must have relied on the false
pretense, fraudulent act, or fraudulent means, that is, he was
induced to part with his money or property because of the
false pretense, fraudulent act, or fraudulent means.
4. That as a result thereof, the offended party suffered damage.
Notes:
1. False pretenses or fraudulent acts – executed prior to or
simultaneously with delivery of the thing by the complainant
2. There must be evidence that the pretense of the accused that
he possesses power/influence is false.
G. ELEMENTS OF ESTAFA BY POSTDATING A CHECK OR
ISSUING A CHECK IN PAYMENT OF AN OBLIGATION: (315)
1. That the offender postdated a check, or issued a check in
payment of an obligation.
2. That such postdatig or issuing a check was done when the
offender had no funds in the bank or his funds deposited
therein were not sufficient to cover the amount of the check.
Notes:
1. good faith is a defense. (PP. VS. VILLAPANDO, 56 PHIL.31)
2. dishonor from lack of funds to prima facie evidence of deceit
or failure to make good within three days after notice of.
3. No funds in the bank or his funds are not sufficient
4. If check was issued in payment of pre-existing debt – no
estafa
5. Offender must be able to obtain something from the offended
party by means of the check he issues and delivers
 6. If postdating a check issued as mere guarantee/promissory
note – no estafa.
H. ELEMENTS OF OFFENSE DEFINED IN THE FIRST
PARAGRAPH OF SECTION 1: BP 22
1. That a person makes or draws and issues any check.
2. That the check is made or drawn and issued to apply on
account or for value.
3. That the person who makes or draws and issues the
check knows at the time of issue that he does not have
sufficient funds in or credit with the drawee bank for the
payment of such check in full upon its presentment.
1. That the check is subsequently dishonored by the drawee
bank for insufficiency of funds or credit, or would have been
dishonored for the same reason had not the drawee, without any
valid reason, ordered the bank to stop payment.
Note: Failure to make good within 5 banking days prima facie
evidence of knowledge of lack and insufficiency
I. ELEMENTS OF THE OFFENSE DEFINED IN THE SECOND
PARAGRAPH OF SECTION 1: BP 22
1. That a person has sufficient funds in or credit with the drawee
bank when he makes or draws and issues a check.
2. That he fails to keep sufficient funds or to maintain a credit to
cover the full amount of the check if presented within
a period of 90 days from the date appearing thereon.
1. That the check is dishonored by the drawee bank.
Note: Failure to make good within 5 banking days prima facie
evididence of knowledge of lack and insufficiency
J. BY OBTAINING FOOD OR CREDIT AT HOTELS, INNS,
RESTAURANTS ETC.
K. ELEMENTS OF ESTAFA BY INDUCING ANOTHER TO SIGN
ANY DOCUMENTS: (315)
1. That the offender induced the offended party to sign a
document.
2. That deceit be employed to make him sign the document.
3. That the offended party personally signed the document.
4. That prejudice be caused.
Note: If offended party willingly signed the document and there
was deceit as to the character or contents of the document –
falsification; but where the accused made representation to
mislead the complainants as to the character of the documents –
estafa
L. ELEMENTS OF ESTAFA BY REMOVING, CONCEALING OR
DESTROYING DOCUMENTS: (315)
1. That there be court records, office files, documents or any
other papers.
2. That the offender removed, concealed or destroyed any of
them.
3. That the offender had intent to defraud another.
Note: No intent to defraud – destroying or removal = malicious
mischief
M. DAMAGE OR PREJUDICE CAPABLE OF PECUNIARY
ESTIMATION: (315) (second element of any form of estafa)
THE ELEMENTS OF DAMAGE OR PREJUDICE MAY CONSIST
OF THE FF.:
1. The offender party being deprived of his money or property,
as a result of the defraudation.
2. Disturbance in property right or
3. Temporary prejudice.
N. ELEMENTS OF SWINDLING (PAR.1) BY CONVEYING,
SELLING, ENCUMBERING, OR MORTGAGING ANY REAL
PROPERTY, PRETENDING TO BE THE OWNER OF THE
SAME: (316)
1. That the thing be immovable, such as a parcel of land or a
building.
2. That the offender who is not the owner of said property
represented that he is the owner thereof.
3. That the offender should have executed an act of ownership
(selling, leasing, encumbering or mortgaging the real
property).
4. That the act be made to the prejudice of the owner or a third
person.

INFIDELITY IN THE CUSTODY

ESTAFA OF DOCUMENTS

Private individual
was entrusted Public officer entrusted

Intent to defraud No intent to defraud

O. ELEMENTS OF SWINDLING (PAR. 2) BY DISPOSING OF

REAL PROPERTY AS FREE FROM ENCUMBRANCE,
ALTHOUGH SUCH ENCUMBRANCE BE NOT RECORDED:
(316)
1. that the thing disposed of be real property.
2. That the offender knew that the real property was
encumbered, whether the encumbrance is recorded or not.
3. That there must be express representation by the offender
that the real property is free from encumbrance.
4. That the act of disposing of the real property be made to the
damage of another.
P. ELEMENTS OF SWINDLING (PAR.3) BY WRONGFULLY
TAKING BY THE OWNER HIS PERSONAL FROM ITS LAWFUL
POSSESSOR: (316)
1. That the offender is the owner of personal property.
2. That said personal property is in the lawful possession of
another.
3. That the offender wrongfully takes it from its lawful possessor.
4. That prejudice is thereby caused to the possessor or third
person.
Q. ELEMENTS OF SWINDLING (PAR. 6) BY SELLING,
MORTGAGING OR ENCUMBERING REAL PROPERTY OR
PROPERTIES WITH WHICH THE OFFENDER GUARANTEED
THE FULFILLMENT OF HIS OBLIGATION AS SURETY: (316)
1. That the offender is a surety in a bond given in a criminal or
civil action.
2. That he guaranteed the fulfillment of such obligation with his
real property or properties.
3. That he sells, mortgages, or, in any other manner encumbers
said real property.
4. That such sale, mortage or encumbrance is (a) without
express authority from the court, or (b) made before the
cancellation of his bond, or (c) before being relieved from the
obligation contracted by him.
R. ELEMENTS OF SWINDLING A MINOR: (317)
1. That the offender takes advantage of the inexperience or
emotions or feelings of a minor.
2. That he induces such minor (a) ro assume an obligation, or
(b) to give release, or (c) to execute a transfer of any property
right.
 3. That the consideration is (a) some loan of money (b) credit or
(c) other personal property.
4. That the transaction is to the detriment of such minor.
S. ELEMENTS OF OTHER DECEITS: (318)
1. not mentioned above;
2. interpretation of dreams, forecast, future-telling for profit or
gain.

VII. CHATTEL MORTGAGE

A. ELEMENTS OF SELLING OR PLEDGING PERSONAL
PROPERTY ALREADY PLEDGED: (319)
1. That personal property is already pledged under the terms of
the chattel mortgage law.
2. That the offender, who is the mortgagee of such property,
sells or pledges the same or any part thereof.
3. That there is no consent of the mortgagee written on the back
of the mortgage and noted on the record thereof in the office
of the register of deeds.
B. ELEMENTS OF KNOWINGLY REMOVING MORTGAGED
PERSONAL PROPERTY: (319)
1. that personal property is mortgaged under the chattel
mortage law.
2. That the offender knows that such property is so mortaged.
3. That he removes such mortgaged personal to any province or
city other than the one in which it was located at the time of
the execution of the mortgage.
4. that the removal is permanent.
 5. That there is no written consent of the mortgagee or his
executors, administration or assigns to such removal.
VIII. ARSON AND OTHER CRIMES INVOLVING
DESTRUCTIONS
(Note: PD 1613 expressly repealed or amended Arts 320-326, but
PD 1744 revived Art 320)
A. ELEMENTS OF ARSONS OF PROPERTY OF SMALL
VALUES
1. That an uninhabited hut, storehouse, barn, shed or any other
property is burned
2. That the value of the property burned does not exceed 25
pesos
3. That the burning was done at a time or under circumstances
which clearly exclude all danger of the fire spreading
B. ELEMENTS OF CRIME INVOLVING DESTRUCTION
1. That the offender causes destruction of the property
2. That the destruction was done by means of:
1. explosion
2. discharge of electric current
3. inundation
4. sinking or stranding of a vessel
5. damaging the engine of the vessel
6. taking up rails from the railway track
7. destroying telegraph wires and posts or those of any other
system
8. other similar effective means of destruction
C. ELEMENTS OF BURNING ONE’S PROPERTY AS A
MEANS TO COMMIT ARSON
1. That the offender set fire to or destroyed his own property
2. That the purpose of the offender in doing so was to commit
arson or to cause a great destruction
3. That the property belonging to another was burned or
destroyed
D. ELEMENTS OF ARSON
1. That the property burned is the exclusive property of the
offender
2. That (a) the purpose of the offender is burning it is to defraud
or cause damage to another or (b) prejudice is actually
caused, or (c) the thing burned is a building in an inhabited
place

IX. MALICIOUS MISCHIEF

A. ELEMENTS OF MALICIOUS MISCHIEF: (326)
1. That the offender deliberately caused damage to the property
of another.
2. That such act does not constitute arson or other crimes
involving destruction.
3. That the act damaging another’s property be committed
merely for the sake of damaging it.
Notes:
1. Malicious mischief – willful damaging of another’s property for
the sake of causing damage due to hate, revenge or other
evil motive
2. No negligence
 3. Example. Killing the cow as revenge
4. If no malice – only civil liability
5. Damage is also diminution in value
6. But after damaging the thing, he used it = theft
7. Damage is not incident of a crime (breaking windows in
robbery)
B. SPECIAL CASES OF MALICIOUS MISCHIEF: (328)
1. Obstruct performance of public functions.
2. Using poisonous or corrosive substances.
3. Spreading infection or contagious among cattle.
4. Damage to property of national museum or library, archive,
registry, waterworks, road, promenade, or any other thing
ised in common by the public.
Note: Qualified malicious mischief – no uprising or sedition (#1)
C. ELEMENTS OF OTHER MISCHIEF: (329)
1. Not included in 328
1. scattering human excrement
2. killing of cow as an act of revenge
D. ELEMENTS OF DAMAGE AND OBSTIVATION TO MEANS
OF COMMUNICATION: (330)
Notes:
1. done by damaging railways, telegraph, telephone lines,
electric wires, traction cables, signal system of railways
2. removing rails from tracks is destruction (art 324)
3. not applicable when telegraph/phone lines don’t pertain to
railways (example: for transmission of electric power/light)
 4. people killed as a result:
5. circumstance qualifying the offense if the damage shall result
in any derailment of cars, collision or other accident – a
higher penalty shall be imposed
1. murder – if derailment is means of intent to kill
2. none – art 48
E. ELEMENTS OF DESTROYING OR DAMAGING STATUES,
PUBLIC MONUMENTS OR PAINTINGS: (331)
F. ELEMENTS OF EXEMPTION FROM CRIMINAL LIABILITY IN
CRIMES AGAINST PROPERTY: (332)
Persons exempt from criminal liability:
1. Spouse, ascendants and descendants or relatives by affinity
in the same line
2. The widowed spouse with respect to the property w/c
belonged to the deceased spouse before the same passed
into the possession of another
3. Brothers and sisters and brothers-in-law and sisters-in-law, if
living together
Offenses involved in the exemption:
1. Theft
2. Swindling
3. Malicious mischief
Notes:
1. Exemption is based on family relations
2. Parties to the crime not related to the offended party still
remains criminally liable
3. Persons exempt include:
1. stepfather/mother (ascendants by affinity)
2. adopted children (descendants)
3. concubine/paramour (spouse)
4. common law spouse (propert is part of their earnings)
TITLE ELEVEN
CRIMES AGAINST CHASTITY
A. ELEMENTS OF ADULTERY: (333)
1. That the woman is married (even if marriage subsequently
declared void)
2. That she has sexual intercourse with a man not her husband.
3. That as regards the man with whom she has sexual
intercourses, he must know her to be married.
Notes:
1. mitigated if wife was abandoned without justification by the
offended spouse (man is not entitled to this mitigating
circumstance)
2. attempted: caught disrobing a lover
B. ELEMENTS OF CONCUBINAGE: (334)
1. That the man must be married.
2. That he committed any of the following acts:
1. Keeping a mistress in the conjugal dwelling.
2. Having sexual intercourse under scandalous
circumstances with a woman who is not his wife.
3. Cohabiting with her in any other place.
3. That as regards the woman she must know him to be
married.
Note: “Scandal” consists in any reprehensible word/deed that
offends public conscience, redounds to the detriment of the
feelings of honest persons and gives occasions to the neighbor’s
spiritual damage and ruin
C. ELEMENTS OF ACTS OF LASCIVIOUSNESS: (336)
 1. That the offender commits any act of lasciviousness or
lewdness.
2. That it is done under any of the following circumstances:
1. by using force or intimidation, or
2. when the offended party is deprived of reason or
otherwise unconscious, or
3. when the offended party is under 12 years of age.
3. That the offended party is another person of either sex.
D. ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN:
(337)
Two classes of qualified seduction:
1. Seduction of a virgin over 12 and under 18 years of age by
certain persons, such as a person in authority, priest,
teachers etc and
2. Seduction of a sister by her brother or descendant by her
ascendant, regardless of her age or reputation (incestuous
seduction)
Elements:
1. That the offended party is a virgin, which is (presumed if she
unmarried and of good reputation.)
2. That she must be over 12 and under 18 years of age.
3. That the offender has sexual intercourse with her.
4. That there is abuse of authority, confidence or relationship on
the part of the offender ( person entrusted with education or
custody of victim; person in public authority, priest; servant)
Persons liable:
1. Those who abuse their authority:
1. persons in public authority
 2. guardian
3. teacher
4. person who, in any capacity, is entrusted with the
education or custody of the woman seduced
2. Those who abused the confidence reposed in them:
1. priest
2. house servant
3. domestic
3. Those who abused their relationship:
1. brother who seduced his sister
2. ascendant who seduced his descendant
E. ELEMENTS OF SIMPLE SEDUCTION: (338)
1. That the offended party is over 12 and under 18 years of age.
2. That she must be of good reputation, single or widow.
3. That the offender has sexual intercourse with her.
4. That it is committed by means of deceit.
Note: common form is unconditional promise to marry
F. ELEMENTS OF ACTS OF LASCIVIOUSNESS WITH THE
CONSENT OF THE OFFENDED PARTY: (339)
1. that the offender commits acts of lasciviousness or lewdness.
2. That the acts are committed upon a woman who is virgin or
single or widow of good reputation, under 18 years of age but
over 12 years, or a sister or descendant regardless of her
reputation or age.
3. that the offender accomplishes the acts by abuse of authority,
confidence, relationship, or deceit.
G. ELEMENTS OF CORRUPTION OF MINORS: (340)
Act punishable: By promoting or facilitating the prostitution or
corruption of persons underage to satisfy the lust of another
H. ELEMENTS OF WHITE SLAVE TRADE: (341)
Acts penalized
1. Engaging in the business of prostitution
2. Profiting by prostitution
3. Enlisting the servicxe of women for the purpose of prostitution
I. ELEMENTS OF FORCIBLE ABDUCTION: (342)
1. That the person abducted is any woman, regardless of her
age, civil status, or reputation.
2. That the abduction is against her will.
3. That the abduction is with lewd designs.
Note: Sexual intercourse is NOT necessary
Crimes against chastity where age and reputation of victim are
immaterial: rape, acts of lasciviousness, qualified seduction of
sister/descendant, forcible abduction.
J. ELEMENTS OF CONSENTED ABDUCTION: (343)
1. That the offended party must be a virgin.
2. That she must be over 12 and under 18 years of age.
3. That the taking away of the offended party must be with her
consent, after solicitation or cajolery from the offender.
4. That the taking away of the offended party must be with lewd
designs.
K. PROSECUTION OF ADULTERY, CONCUBINAGE,
SEDUCTION, ABDUCTION RAPE AND ACTS OF
LASCIVIOUSNESS (344)
 1. Adultery and concubinage must be prosecuted upon
complaint signed by the offended spouse
2. Seduction, abduction, rape or acts of lasciviousness must be
prosecuted upon complaint signed by:
1. offended party
2. by her parents
3. grandparents
4. guardians in the order in which they are named above
Note: Marriage of the offender with the offended party
extinguishes the criminal action or remit the penalty already
imposed upon him. This applies as well to the accomplices,
accessories-after-the-fact. But marriages must be in good faith.
This rule does not apply in case of multiple rape.
L. Civil liability of persons guilty of rape, seduction or
abduction (345)
1. To idemnify the offended women
2. To acknowledge the offspring, unless the law should prevent
him from doing so
3. In every case to support the offspring
M. LIABILITY OF ASCENDANTS, OTHER PERSONS
ENTRUSTED WITH CUSTODY OF OFFENDED PARTY WHO
BY ABUSE OF AUTHORITY OR CONFIDENCE SHALL
COOPERATE AS ACCOMPLIES: (346)
TITLE TWELVE
CRIMES AGAINST THE CIVIL STATUS OF PERSONS

A. SIMULATION OF BIRTHS, SUBSTITUTION OF ONE CHILD

FOR ANOTHER, AND CONCEALMENT OR ABANDONMENT
OF A LEGITIMATE CHILD: (347)
Acts Punished:
1. Simulation of births
2. Substitution of one child for another
3. Concealing or abandoning any legitimate child with the intent to
cause such child to lose its civil status
Requisites:
1. The child must be legitimate
2. The offender conceals or abandons such child
3. The offender has the intent to cause the child to lose its civil
status
Elements of Simulation of Birth:
1. Child is baptized or registered in the Registry of birth as hers
2. Child loses its real status and acquiires a new one
3. Actor’s purpose was to cause the loss of any trace as to the
child’s true filiation
B. USURPATION OF CIVIL STATUS: (348)
Notes:
1. Committed by a person who represents himself as another
and assumes the filiation or rights pertaining to such person
 2. There must be criminal intent to enjoy the civil rights of
another by the offender knowing he is not entitled thereto
3. Committed by asuming the filiation, or the parental or
conjugal rights of another
4. Circumstances qualifying the offense: penalty is heavier when
the purpose of the impersonation is to defraud the offended
party or hios heirs.
C. ELEMENTS OF BIGAMY: (349)
1. That the offender has been legally married.
2. That the marriage has not been legally dissolved or, in case
his or her spouse is absent, the absent spouse could not yet
be presumed dead according to the civil code.
3. That he contracts a second or subsequent marriage.
4. That the second or subsequent marriage has all the essential
requisites for validity.
Notes:
1. The crime does not fall within the category of private crimes
that can be prosecuted only at the instance of the offended
party
2. A simulated marriage is not marriage at all and can be used
as a defense for bigamy
3. There must be a summary proceeding to declare the absent
spouse presumptively dead for purposes of remarriage
4. Failure to exercise due diligence to ascertain the
whereabouts of the 1st wife is bigamy through reckless
imprudence
5. A judicial declaration of the nullity of a marriage void ab initio
is now required
6. One convicted for bigamy may be prosecuted for
concubinage as both are distinct offenses
 7. One who vouches that there is no legal impediment knowing
that one of the parties is already married is an accomplice.
D. ELEMENTS OF MARRIAGE CONTRACTED AGAINST
PROVISIONS OF LAWS: (350)
1. That the offender contracted marriage.
2. That he knew at the time that
1. the requirement of the law were not complied with, or
2. The marriage was in disregard of a legal impediment.
Note: Circumstance qualifying the offense: if either of the
contracting parties obtains the consent of the other by means of
violence, intimidation or fraud.
E. ELEMENTS OF PREMATURE MARRIAGE: (351)
Acts punished:
1. A widow who within 301 days from death of husband, got
married or before her delivery, if she was pregnant at the time
of his death
2. A woman whose marriage having been dissolved or annulled,
married before her delivery or within 301 days after the legal
separation.
F. ELEMENTS OF PERFORMANCE OF ILLEGAL MARRIAGE
CEREMONY: (352)
Act punished: performance of any illegal marriage ceremony by a
priest or minister of any religious denomination or sect or by civil
authorities
TITLE THIRTEEN
CRIMES AGAINST HONOR
A. ELEMENTS OF LIBEL DEFAMATION: (353)
1. That there must be an imputation of a crime, or of a vice or
defect, real or imaginary, or any act, omission, condition,
status, or circumstances.
2. That the imputation must be made publicly.
3. That it must be malicious.
4. That the imputation must be directed at a natural or juridical
person, or one who is dead.
5. That the imputation must tend to cause the dishonor, discredit
or contempt of the person defamed.
Notes:
1. Libel is a public and malicious imputation of a crime, or a vice
or defect, real or imaginary or any act, commission, condition,
status or circumstances tending to cause the dishonor,
discredit or contempt of a natural or juridical person, or to
blacken the memory of one who is dead
2. Kinds of malice: (a) malice in law; (b) malice in fact
3. Malice is presumed to exist in injurious publications
4. Publication is the communication of the defamatory matter to
some third person/s
5. Person libeled must be identified. But the publication need
not refer by name to the libeled party. If not named it must be
shown that the description of the person referred to in the
defamatory publication was sufficiently clear so that at least a
3rd person would have identified the plaintiff.
6. There are as many crimes as there are persons defamed.
 7. To presume publication there must be a reasonable
probability that the alleged a libelous matter was thereby
exposed to be read or seen by 3rd persons.
Criterion to determine whether statements are defamatory
1) words are calculated to induce the hearers to suppose and
understand that the person against who they are uttered were
guilty of certain offenses, or are sufficient to impeach their
honesty, virtue or reputation, or to hole the person up to public
ridicule(US v O’Connel)
2 )construed not only as to the expression used but also with
respect to the whole scope and apparent object of the writer.(P v
Encarnacion)

Libel Perjury

-false accusation need not be

made under oath

-false accusation is made under oath

Newsweek v IAC
Newsweek portrayed the island province of Negros Occidental as
a place dominated by big landowners. Plaintiffs are associations
of sugarcane planters. HELD: Dismissed. To maintain a libel suit,
the specific victim must be identifiable. Defamatory remarks
directed at a group of persons are not actionable unless the
statements are all-embracing or sufficiently specific for victim to
be identifiable. An action for libel allegedly directed against a
group of sugar planters cannot be done by resort to filing a class
suit as each victim has his specific reputation to protect. In this
case, each of the plaintiffs has a separate and distinct reputation
in the community.
A. REQUIREMENT OF PUBLICITY: (354)
Kinds of privileged communication
1. Absolutely privileged – not actionable even if the actor has
acted in bad faith
2. Qualifiedly privileged – those which although containing
defamatory imputations could not be actionable unless made
with malice or bad faith
General Rule:
Every defamatory imputation is presumed malicious even if it be
true, if no good intention and justifiable motive for making it is
shown
Exception:
1. private communication in performance of legal, moral or
social duty
Requisites:
1. that the person who made the communication had a legal,
moral or social duty to make the communication or at least he
had an interest to be upheld
2. that the communication is addressed to an officer or a board,
or superior, having some interest or duty on the matter
3. that the statements in the communication are made in good
faith without malice in fact
4. fair and true report, made in good faith, without any
comments and remarks
Requisites:
1. that the publication of a report of an official proceeding is a
fair and true report of a judicial, legislative, or other official
proceedings which are not of confidential nature, or of a
statement, report, or speech delivered in said proceedings, or
of any other act performed by a public officer
2. that it is made in good faith
 3. that it is made without any comments or remarks

Santos v CA
HELD: No malice, he simply furnished the readers with the info
that a complaint has been filed against the brokerage firm and
reproduced the pleading verbatim with no embellishments.

B. LIBEL BY MEANS OF WRITING OR SIMILAR MEANS:

(355)
Note: Enumerates the means by which libel may be committed:
writing, printing, lithography, engraving, radio phonograph,
painting, theatrical or cinematographic exhibitions or any similar
means

C. THREATENING TO PUBLISH LIBEL AND OFFER TO

PREVENT SUCH PUBLICATION FOR A COMPENSATION:
(356)
Note: Clearly, just a case of blackmail-any unlawful extortion of
money by threats of accusation and exposure
-possible in light threats Art 283 and in threat to publish Art 356.

D. ELEMENTS OF PROHIBITED PUBLICATION OF ACTS

REFERRED TO IN THE COURSE OF OFFICIAL
PROCEEDINGS: (357)
1. That the offender is a reporter, editor or manager of a
newspaper, daily or magazine.
2. That he publishes facts connected with the private life of
another.
 3. That such facts are offensive to the honor, virtue and
reputation of said person.
Note:
Even though made in connection with or under the pretext that it
is necessary in the narration of any judicial or administrative
proceedings wherein such facts have been mentioned.

Lacsa v IAC
Lacsa found that Marquez was not a proprietary member of PCA
thus not qualified to be president. He wrote to the BOD and to
Marquez. He caused to publish the second letter. HELD: Letter is
not privileged communication. To be classified as such it must be
free from malice. Granting that the letter was privileged
communication, written out of a duty of an officer towards the
members, such character was lost when it was published.

E. ELEMENTS OF ORAL DEFAMATION/SLANDER: (358)

1. action of a serious and insulting nature (Grave slander)
2. light insult or defamation – not serious in nature (simple
slander)
Factors that determine gravity of the offense:
a) expressions used
b) personal relations of the accused and the offended party
c) circumstances surrounding the case
Notes:
Words uttered in the heat of anger constitute light oral defamation
(P v Doronilla)
If the utterances were made publicly and were heard by many
people and the accused at the same time levelled his finger at the
complainant, oral defamation is committed (P v Salleque)

F. ELEMENTS OF SLANDER BY DEED: (359)

1. That the offender performs any act not included in any other
crime against honor.
2. That such act is performed in the presence of other person or
persons.
3. That such act casts dishonor, discredit or contempt upon the
offended party.
Notes:
a. Seriousness depends on the social standing of offended party,
the circumstances surrounding the act, the occasion, etc.
b. The acts of slapping and boxing the woman, a teacher, in the
presence of many people has put her to dishonor, contempt and
ridicule. (P v Costa)

P v Motita
Accused held a mirror between the legs of complainant to reflect
her private parts. The crowd laughed. Guilty of slander by deed.
Distinctions:
a. Unjust Vexation-irritation or annoyance/anything that annoys or
irritates without justification.
b. Slander by Deed-irritation or annoyance + attendant publicity
and dishonor or contempt.
c. Acts of lasciviousness-irritation or annoyance + any of 3
circumstance provided in Art335 of RPC on rape
i. use of force or intimidation
ii.deprivation of reason or rendering the offended unconscious
offended party under 12 yrs of age+lewd designs

PERSONS RESPONSIBLE FOR LIBEL (360)

1) Who are liable
a. person who publishes, exhibits or causes the publication or
exhibition of any defamation in writing or similar means(par.1)
b. author or editor of a book or pamphlet
c. editor or business manager of a daily newspaper magazine or
serial publication(par.2)
d. owner of the printing plant which publishes a libelous article
with his consent and all other persons who in any way participate
in or have connection with its publication (US v Ortiz)
2) Venue of criminal and civil action for damages in cases of
written defamation:
a. where the libelous article is printed and 1st published OR
b. where any of the offended parties actually resides at the time of
the commission of the offense
3) Where one of the offended parties is a public officer:
a. if his office is in the City of Manila
– RTC of Manila OR
– city/province where the article is printed and 1st published
b. Otherwise
– RTC of the city/province where he held office at the time of
offense OR
– where the article is 1st published
4) Where one of the offended parties is a private individual:
– RTC of province/city where he actually resides at the time of the
crime
– where article was printed or 1st published

Note: Offended party must file complaint for defamation imputing

a crime which cannot be prosecuted de oficio (e.g. adultery,
concubinage, rape, seduction, abduction, and acts of
lasciviousness)

Soriano v IAC
The Philippines follows the multiple publication rule which means
that every time the same written matter is communicated, such
communication is considered a distinct and separate publication
of libel.

PROOF OF THE TRUTH (361)

Admissible when:
a. the act or omission imputed constitutes a crime regardless of
whether the offended party is a private individual or a public
officer
b. the offended party is a government employee, even if the act or
omission imputed does not constitute a crime provided it is related
to the discharge of his official duties
Requisites for Acquittal:
a. it appears that the matter charged as libelous is TRUE (for
situations 1 and 2 above)
b. it was published with good motives and for a justifiable end (for
situation 1 only)
Notes: The proof of the truth of the accusation cannot be made to
rest upon mere hearsay, rumors, or suspicion. It must rest upon
positive direct evidence, upon which a definite finding may be
made by the court (US v Sotto)

LIBELOUS REMARKS (362)

Libelous remarks or comments on privileged matters (under Art.
354) if made with malice in fact will not exempt the author and
editor.
*This article is a limitation to the defense of privileged
communication.

ELEMENTS OF INCRIMINATING INNOCENT PERSON: (363)

1. That the offender performs an act.
2. That by such act he directly incriminates or imputes to an
innocent person the commission of a crime.
3. That such act does not constitute perjury.
Two Kinds:
a. making a statement which is
i. defamatory or
ii. perjurious (if made under oath and is false)
b. planting evidence
Note: article is limited to planting evidence and the like

INTRIGUING AGAINST HONOR (364)

How committed:
-by any person who shall make any intrigue which has for its
principal purpose to blemish the honor or reputation of another
person
Notes:
a. Intriguing against honor refers to any scheme or plot designed
to blemish the reputation of another or of such trickery or secret
plot.
b. Committed by saying to others an unattributable thing, if said to
the person himself it is slander.

RA4200 The Anti-WireTapping Act

Acts punished:
1) any person, not authorized by all the parties to any private
communication or spoken word
a) taps any wire of cable OR
b) uses any other device or arrangement, to secretly overhear,
intercept, or record such communication or spoken word by using
a device commonly known as a dictaphone or dictagraph or
walkie talkie or tape recorder
2) any person, whether or not a participant in the above-
mentioned acts:
a) knowingly possesses any tape record, wire record, disc record,
or any other such record or copies thereof of any communication
or spoken word
b) replays the same for any other person
c)communicates the contents thereof, whether complete or
partial, to any other person
Notes:
a. Peace officer is exempt if acts done under lawful order of the
court. You can only use the recording for the case for which it was
validly requested.
b. Information obtained in violation of the Act is inadmissible in
evidence in any hearing or investigation.
c. Gaanan v IAC
An extension phone is not one of those prohibited under RA 4200.
There must be either a physical interruption through the wiretap or
the deliberate installation of a device or arrangement in order to
overhear, intercept or record the spoken words. The extension
phone was not installed for such purpose.

ELEMENTS OF RECKLESS IMPRUDENCE: (365)

1. That the offender does or fails to do an act.
2. That the doing of or the failure to do that act is voluntary.
3. That it be without malice.
4. That material damage results.
5. That there is inexcusable lack of precaution on the part of the
offender, taking into consideration
1. his employment or occupation
2. degree of intelligence, physical condition, and
3. other circumstances regarding persons, time and place.

ELEMENTS OF SIMPLE IMPRUDENCE: (365)

1. That there is lack of precaution on the part of the offender.
2. That the damage impending to be caused in not immediate or
the danger is not clearly manifest.
Notes:
1) Art.64 on mitigating and aggravating circumstances not
applicable.
2) Failure to lend on the spot assistance to victim of his
negligence:penalty next higher in degree.
3) Abandoning usually punishable under Art 275, if charged under
Art365 is only qualifying and if not alleged cannot even be an
aggravating circumstance.
4) Contributory negligence—not a defense, only mitigating

Last clear chance doctrine –

The contributory negligence of the injured party will no t defeat the
action if it be shown that the accused might, by the exercise of
reasonable care and prudence, have avoided the consequences
of the negligence of the injured party
Emergency rule-
An automobile driver, who, by the negligence of another, is
suddenly placed in an emergency and compelled to act instantly
to avoid a collision or injury is not guilty of negligence if he makes
a choice which a person of ordinary prudence placed in such a
position might make even though he did not make the wisest
choice.

P v Cano
Negligence is a quasi-offense. What is punished is not the effect
of the negligence but the recklessness of the accused.

P v Carillo
13 yr old girl dies 3 days after surgery due to an overdose of
Nubain which triggered a heart attack that caused brain damage.
HELD: Guilty of simple negligence resulting to homicide. Carillo
was the anesthesiologist, he and his co-accused failed to monitor
and provide close patient care, to inform the parents of the child’s
true condition, to prove that they exercised necessary and
appropriate degree of care and diligence to prevent the condition.

Buearano v CA
Conviction of the accused in the charge of slight and less serious
physical injuries through reckless imprudence constitutes double
jeopardy to the charge of the crime of damage to property through
reckless imprudence.