ATENEO LAW CENTRAL BAR

OPERATIONS 2014
SEDFREY M. CANDELARIA
Dean

LILY K.GRUBA
Associate Dean for Continuing Legal Education and Bar Review Director

GIOVANNI F. VALLENTE
Associate Dean for Student Affairs

ATTY. JORGE ALFONSO MELO

ATTY. ERDELYNE GO
Bar Review Executive Committee

LEILA S.LIM
Bar Review Secretariat

FOR THE CENTRAL BAR OPERATIONS

ANA QUIJANO-BENEDICTO
PATRICIA ANNE STA. MARIA
Academic Committee Heads

MAUREEN MACARAEG
Criminal Law Subject Head

PAOLO FONDEVILLA
Criminal Law Understudy

MANDY THERESE ANDERSON

NATHANIEL ODUCADO
Review Committee Heads

ADZU College of Law

ATENEO LAW
Table of Contents

1. GENERALITY…………………………….…………………………………………………………………………………………………….…..… 12
EXCEPTIONS: …………………………………….……………………………………………………………………….………..…….…….……… 12
2. TERRITORIALITY...............................................................................................................................….. 13
FOREIGN MERCHANT VESSELS ………….………………………………..…….……………..…….… 13
Note: The Philippines observes the English Rule …………………………………………………......….…13
3. PROSPECTIVITY ……………………………………………….….………….………….………..….…. 14
EXCEPTION: …………………………..……………………………………………….………………….… 14
EXCEPTIONS TO THE EXCEPTION: ………………………….…………………………………...……. 14
EFFECTS OF REPEAL/ AMENDMENT OF PENALLAWS ………………………………………………….………….. 14
1. Equal Protection …………………………………………………………………..…………………..……..15
2. Due Process …………………………………………………...………………………………………..…… 15
3. Non-Imposition of Cruel and Unusual Punishment or Excessive Fines……………...………………..…15
4. Bill of Attainder ………………………………………………………………………………….....………. 15
5. Ex Post Facto Law ………………………………………………………………………………....………. 15
The 1987 Constitution prohibits the Congress from passing an ex post facto law……………..….………15
6. Waiver of the rights of accused …………………………………………………………………...…….… 15
II.FELONIES ……………………………………………………………………………….………...……… 16
REQUISITES: ………………………………………………………………………………………....…..….. 17
MISTAKE OF FACT ……………………………………………………..………………………..…..…….. 17
REQUISITES OF MISTAKES OF FACT: ………………………………..……………………...………….18
REQUISITES: ……………………………………………………………………………...………....………. 18
No felony is committed: …………………………………………………………………….............………… 19
How criminal liability is incurred: …............................................................................................................... 19
Not efficient intervening causes: …………………………………………………...…………..……………. 20
Situations where a person committing a felony is still criminally liable: …………………..…..………… 20
Felonies against persons: …………………………………………………………………….....…………… 20
Felonies against property: …………………………………………………………………..……..…………. 21
3. PURPOSE ………………………………………………………………………………..…...…………….. 21

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DEVELOPMENT OF A CRIME ..……….………………………………………………………………….. 22

a. ELEMENTS: ….……………………………………………………………………………………………. 23
a. ELEMENTS: ….…………………………………….……………………………………………………… 24
b. CRIMES WHICH DO NOT HAVE A FRUSTRATED STAGE: ……………………………...………. 24
INDETERMINATE OFFENSE …………………………………………….……………………………….. 25
DESISTANCE ………………………………………………………………………………………………… 25
CONSPIRACY ………………………………………………………………….…………………………….. 26
REQUISITES: ………………………………………………………………...………………………………. 26
EXAMPLES OF THE EXCEPTION: ………………………………………………………………………. 27
DOCTRINE OF IMPLIED CONSPIRACY ……...………………………………………………………… 27
PROPOSAL TO COMMIT A FELONY ……………...…………….………………………………………. 28
REQUISITES: ………………………………………..….……………………………………………………. 28
NOTES: There is no criminal proposal when: …….….…………………………………………………….. 28
Importance of classification ……………………………...……………….………………………………….. 28
2. GRAVE FELONIES …………………...………………………….……………………………………….. 29
3. LESS GRAVE FELONIES…………...……………………………………………………………………. 29
EXCEPTIONS: ...........................................................................................................................................…... 29
1. RECIDIVISM ……………………………..………………………….…………………………………….. 29
REQUISITES: ……………………………………………………….………………………………………... 29
“At the time of his trial for one crime” ……………….…...………………………………………………… 30
2. HABITUALITY (REITERATION) …………………………………..……………………………………30
REQUISITES: ………………………………………………………………………...………………………. 30
3. MULTI-RECIDIVISM or HABITUAL DELINQUENCY ………………………………………...……. 30
REQUISITES: …………………………………………………………………………………………..…..… 30
4. QUASI-RECIDIVISM ………………………………………………………………………………..….… 31
III. CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY ……...…………………………… 36
IV. PERSONS CRIMINALLY LIABLE/ DEGREE OF PARTICIPATION ……………………………...79
V. PENALTIES …………………………………………………………………………………………...…... 88
VI. MODIFICATION AND EXTINCTION OF CRIMINAL LIABILITY ……………………….………99
CRIMINAL LAW BOOK II ……………………………………………….……………………….........… 108
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I. CRIMESAGAINST NATIONAL SECURITY AND THE LAW OF NATIONS ………..………………….…....108
Chapter 1: Crimes Against National Security …………………………………………………..……………....….....108
SECTION 1. – TREASON AND ESPIONAGE …………………………...……………………………………………………..…...…... 108
SECTION 2. – PROVOKING WAR AND DISLOYALTY IN CASE OF WAR ………………………………………….….......……….112
SECTION 3. - PIRACY AND MUTINY ON HIGH SEAS OR IN PHILIPPINE WATERS ………………………………..…...…...…. 113

II. CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE STATE …………………………....………….. 116
Chapter 1. Arbitrary Detention or Expulsion, Violation of Dwelling, Prohibition,
Interruption and Dissolution of Peaceful Meetings and Crimes Against Religious
Worship ……………………………………………………………………………..………………………….……….. 116
SECTION 1. – ARBITRARY DETENTION AND EXPUSION ……………………………….………………………..…………....….. 116
SECTION 2. – VIOLATION OF DOMICILE …………………………………………………….………………………………..…..…. 118
SECTION 3. – PROHIBITION, INTERRUPTION AND DISSOLUTION OF PEACEFUL
MEETINGS ……………………………………………………………………………….……..………............…… 120
SECTION 4. – CRIMES AGAINST RELIGIOUS WORSHIP …………………………….………………………..…………….……… 120
III. CRIMES AGAINST PUBLIC ORDER …………...……………………………………………………....….….. 121
Chapter 3: Illegal Assemblies and Associations …………………………………………………………....…….… 121
Chapter 4: Assault upon and resistance and disobedience to persons in authority and their agents………….….. 130
Chapter 5: Public Disorder ………………………………………………………………………...…………............. 133
Chapter 6: Evasion of service of sentence ……………………………………...…………………………...……….…135
Chapter 7: Commission of another crime during service of penalty imposed for another previous offense ……...137
Chapter 1: Forgeries ………………………………………………………………………..………………...………... 137
Chapter 2: Other falsities ………………………………………………………………………...………………….… 147
Chapter 3: Frauds …………………………………………………………………………………..………………..… 150

V. Crime Relative to Opium and ………………………………...……………………………………...…………….. 151

Other Prohibited Drugs ………………………………………………………………………………………………... 151
1. Crimes Against Public Morals …………………………………………………………………..….…………….….151
Chapter 2: Offenses Against Decency and Good Customs …………………..……………….………………….. 154
Chapter 1: Preliminary Provisions ……………………………………………………………..………………….. 155
Chapter 2: Malfeasance and Misfeasance in Office ……………………………………………………………..... 156
Chapter 3: Frauds and illegal transactions and exactions ……………………………………..………………….161
Chapter 4: Malversation of Public Funds or Property ……………………………………………...……............. 163
Chapter 5: Infidelity of Public Officers ………………………………………………………………...………….. 167
SECTION 1.- INFIDELITY IN THE CUSTODY OF PRISONERS ………………………………………………………. 167
SECTION 2.- INFIDELITY OF THE CUSTODY OF DOCUMENTS ……………………………………...…………….. 168
SECTION 3. – REVELATION OF SECRETS ………………………………………………………………………………169
Chapter 6: Other offences or irregularities by Public Officers ………………………………………………...…………... 170
SECTION 1. DISOBEDIENCE, REFUSAL OF ASSISTANCE, AND MALTREATMENT OF
PRISONERS ………………….……………………………………………………………………………………………… 170
SECTION 3. USURPATION OF POWERS AND UNLAWFUL APPOINTMENTS …………………………...………...173

VII. Crimes Against Persons ………………………...……………………………………………………...……….… 174

Chapter 1: Destruction of Life …………………………………………………………………………...….............175
SECTION ONE – PARRICIDE, MURDER, HOMICIDE …...……………………………………………...….………..… 175

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SECTION TWO – INFANTICIDE AND ABORTION ……………………………………………………………………………… 181

SECTION THREE – DUEL …………………………………………….………..……………..……………................…... 184
Chapter 2: Physical Injuries …………………………………………………………….………………..………………………… 184

IX. Crimes Against Personal liberty and Security ………………………………………………………………………..………………….……. 192

Chapter 1: Crimes against Liberty …………………………………………………………………………………...……………………........ 192
SECTION 1. – ILLEGAL DETENTION ……………………...……………………………………………..……………………….…… 192
SECTION 2. – KIDNAPPING OF MINORS ………………………………………………………………….………………………….. 194
SECTION 3. – SLAVERY AND SERVITUDE………………………………………………………………..…………………............. 195
Chapter 2: Crimes against security …………………………………………………………………….…………………………... 196
SECTION 1. ABANDONMENT OF HELPLESS PERSONS AND EXPLOITION OF
MINORS ………………………………………………………...……………………………………………………………. 196
SECTION 2. TRESPASS TO DWELLING …...……………………………………………………………………............ 199
SECTION 3. THREATS AND COERCION …………………………………………………………………………….… 200
Chapter 3: Discovery and revelation of secrets …………………………………………………………………………………… 204

X. Crimes Against Property ………………………………………………………………………………………………………… 206

Chapter 1: Robbery in General …………………………………………………………………………………………………. 206
SECTION 1 – ROBBERY WITH VIOLENCE AGAINST OR INTIMIDATION OF
PERSONS………………………………………………………….…..…………………………………………………………….. 207
Chapter 2: Brigandage …………………………………………….………………………………………………………………... 215
Chapter3: Theft ………………………………………………………………………………………………………………….…. 216
Chapter 4: Usurpation …………………………………………………………………………………………………………… 219
Chapter 5: Culpable Insolvency ……………………………………………………………………………………………….... 220
Chapter 6: Swindling and Other Deceits ……………………………………………………………………………………….. 220
Chapter 7: Chattel Mortgage ………………………………………………………………………………………………….… 229
Chapter 9: Malicious Mischief …………………………………………………………………………………………………... 232
Chapter 10: Exemptions from Criminal Liability in Crimes against Property ………………………………………............ 233
XI. Crimes Against Chastity …………………………………………………………………………………………………........... 234
Chapter 2: Rape and Acts of Lasciviousness …………………………………………………………………………………... 236
Chapter 3: Seduction, Corruption of Minors and White Slave Trade ……………………………………………………….. 237
Chapter 4: Abduction ………………………………………………………………………………………………………….… 239
Chapter 5: Provisions relative to the preceding chapter of Title Eleven ……………………………………………………... 241

XII. Crimes Against the Civil Status of Persons ……………………………………………………………………………...…… 243

Chapter 1: Simulation of Birth and Usurpation of Civil Status ……………………………………………………………… 243
Chapter 2: Illegal Marriages ……………………………………………………………………………………………………. 244

XIII. Crimes Against Honor ……………………………………………………………………………………………...………… 247

Chapter 1. Libel ………………………………………………………………………………………………………………….. 247
SECTION 1. – DEFINITION, FORMS, AND PUNISHMENT OF THIS CRIME …………….…………………………………..…….. 247
SECTION 2. – GENERAL PROVISIONS ……………………………………………………………………………………………….. 253
Chapter 2: Incriminatory Machinations …………………….………………………………..……………………… 254
XIV. Quasi Offenses …………………………………………..…………………………………………………………………….. 256
CRIMINAL NEGLIGENCE ……………………………………..…………………………………………………………………….….. 256
I. COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (RA 9165) ………..……………………………………………………………. 287
(A) Punishable Acts ……………………………………………………………………………………………………..…………………….. 287
(B) Attempt or Conspiracy, Effect on Liability ………………………………………………………………………………………….….. 291
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1. Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed
for the same as provided under this Act:
291
(C) Immunity from Prosecution and Punishment ………………………………………………………………………………………………....…………. 291
(D) Disqualification for Probation ……………………………………………………………………………………………………………….…………….…….. 292
(E) Prescription ………………………………………………………………………………………………………………………………………..………………..……. 292
(F) Remedy of Plea Bargaining Not Available ………………………………………………………………………………………………………….….……. 292
(G) Conditions for Exemption From Criminal Liability Under the Voluntary Submission Program………………………292
(H) Other Persons Liable ……………………………………………………………………………………………………..…………………….…..…………….….. 293
(I) Voluntary and Compulsory Rehabilitation ……………………………………………………………………………………………….…………….…… 294
(J) Chain of Custody Rule …………………………………………………………………………………………………………………………..……………………. 295

II. PROBATION LAW (PD 968) ……………………………………………………………………………………………………………………………………….………….. 297

(A) Definition of Terms …………………………………………………………………………………………………………………………..……………………….. 297
(B) Purpose ……………………………………………………………………………………………………………………………………………………………………… 297
(C) Grant of Probation, Manner and Conditions …………………………………………………………………….…………………………..……….….. 297
(D) Criteria of placing an offender on probation ………………………………………………………………………………………………..……………. 298
(E) Available institutional and community resources ……………………………………………………….……………………………..….………….. 298
(F) Disqualified Offenders ……………………………………………………………………………………………….……………………………..…….………… 298
(G) Period of probation ………………………………………………………………………………………………………………………………………..…………. 299
(H) Termination of probation; exception Arrest of probationer …………………………………………………………………………..………….. 299
(I) Termination of Probation; Exception ………………………………………………………………………………………………………………….……… 299
(J) Who are Disqualified for Probation Under Special Laws ……………………………………………………………………………………..……… 299

III. INDETERMINATE SENTENCE LAW (ISL) (ACT NO. 4103) ………………………………………………………………………….……..…………………….. 300
(A) Application on the imposed sentence …………………………………………………………………………………………………………..………….… 300
(B) Coverage ………………………………………………………………………………………………………………………………………..……..………………….. 303
(C) Conditions of Parole ……………………………………………………………………………………………………………………..……………..……………. 303

IV. PRESCRIBING STIFFER PENALTIES ON ILLEGAL GAMBLING REPEALED ART. 195 – 199 RPC, P.D. 483 BETTING LAW, AND P.D. 449
COCKFIGHTING LAW INSOFAR AS THEY ARE INCONSISTENT WITH IT………………………………………………………...…………………………..… 304
(A) Punishable Acts ……………………………………………………………………………………………………………………….………………………………… 304
(B) Definition of Terms …………..………………………………………………………………………………………………………………………….……………. 305

V. PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS (PD 1829) ……………………..…… 308
(A) Purpose ………………………………………………………….……………………………………………………………………………………………….………… 308
(B) Punishable Acts ………………………………………………………………………………………………………………………..………………………..……… 308

VI. AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES,AMENDING FOR THAT PURPOSE THE REVISED
PENAL LAWS, AS AMENDED,OTHER SPECIAL PENAL LAWS, AND FOR OTHER PURPOSES (RA 7659); AN ACT PROHIBITING THE
IMPOSITION OF DEATH PENALTY (RA 9346)
310
(A) Definition of “Heinous Crimes” ………………………………………………….………………………………………………………………………………. 310
(B) Crimes Punishable by Reclusion Perpetua to Death ………………………………………………….……………………………………………….. 310
(C) Availment of Plea-Bargaining Remedy …………………………………………….………………………………………..………………………………. 314

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(D) Imposition of the Death Penalty and Automatic Review ……………….………………………… 314

VII. ANTI- PIRACY AND ANTI-ROBBERY LAW OF 1974 (PD 532) ……………….………...……… 314
(A) Definition of Terms …………………………………………………………………………...….….. 315
(B) Elements – Piracy: …………………………………………………………...…………...…………. 315
1. Vessels is in the Philippine waters; ……………………………………………….……….….. 315
2. Offender – any person (including passenger, or member of the complement); ………….…… 315
3. That by means of violence or intimidation of persons or force upon things; ……...............…. 315
4. The offender - ………………………………………………………………………………… 315
(C) Punishable Acts – Piracy ………....................................................................……..……………...… 315
1. Attack or seizure of any vessel; or ………..…………………………………………………... 315
2. Taking away of cargo, equipment or personal belongings of its complement or passengers…. 315
(D) Punishable Acts – Highway Robbery/Brigandage ……………………...…………………………. 315
1. Seizure of any person for ransom/ extortion/other unlawful purpose; or …………………….. 315
2. Taking away of the property of another by means of violence against/intimidation of
person/force upon things/other unlawful means. ………………...…………………………… 315
(E) Punishable Acts – Aiding or Abetting Piracy …………………………………..…………………. 315
1. Knowingly aids or protects pirates (such as giving them information about the police movement
or other peace officers); …...……………………………………………………….………… 315
2. Acquires or receives property taken by such pirates, or in any manner derives any benefit; or 316
3. Directly or indirectly abets the commission of piracy ………………………………………... 316

VIII. ANTI-HIJACKING LAW (RA 6235) …………………………………………………………..….. 316

(A) Punishable Acts ……………………………………………………………………………………… 316
1. Any person who commits an act punishable under any of the following: ………………….… 316
2. Thereby sowing and creating widespread and extraordinary fear and panic among the populace;
and …………...………………………………………………………………………………... 317
3. To coerce the government to give in to unlawful demand. …………………………………… 317
(B) Who are Liable – Aside from the Principal ………………………………..…………………….... 317
1. Accomplice (Sec. 5) ………………………………………………………..……………….… 317
2. Accessory (Sec. 6) …………………………………………………………………................ 317
(C) Other Punishable Acts ………………………………………………………………………………. 317
(D) Period of Detention – Without Judicial Warrant of Arrest (Sec. 18) ………………...………….. 318
(E) Period of Detention – in the Event of an Actual or Imminent Terrorist Attack (Sec. 19) …….. 318
(F) Penalty for failure to Deliver Suspect to the Proper Judicial Authority within Three (3)
days……………………………………………………..…………………………………….............. 319
(G) Infidelity in the Custody of Detained Persons …………………………………………………...… 319
1. 12 years and 1 day to 20 years of imprisonment, if the detained person has already been
convicted and sentenced in a final judgment of a competent court; and…… ………………... 319
2. 6 years and 1 day to 12 years of imprisonment, if the detained person has not been convicted and
sentenced in a final judgment of a competent court (Sec. 44) ……………………………...… 319
(H) False Prosecution ……………………..………………………………………………………...…… 319
(I) Surveillance of Suspects and Interception and Recording of Communications ………...………. 320
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(J) Restriction on Travel ……………………………………………………………………………………………………… 320
(K) Examination of Bank Deposits, Accounts, and Records ……………………………………………………………...… 320
(L) Penalty for Unauthorized Revelation of Classified Materials ………………………………………………………….. 321

X. ANTI – TORTURE ACT (RA 9745) ………………………………………………………....………………………………… 322

(A) Punishable Acts ……………………………………………………………………………………………………………. 322
(B) Who are Liable – Torture and/or CIDT …………………………………………………………………………………. 324

XI. DECREE CODIFYING THE LAWS ON ILLEGAL/UNLAWFUL POSSESSION, MANUFACTURE, DEALING IN

ACQUISITION, OR DISPOSITION OF FIREARMS, AMMUNITION, OR EXPLOSIVES (PD 1866, AS AMENDED BY RA
8294) AS AN ELEMENT OF REBELLION, INSURRECTION, SEDITION, OR ATTEMPTED COUP D’ ETAT 325

XII. ANTI – MONEY LAUNDERING ACT OF 2001 (RA 9160, AS AMENDED BY RA 9194) 325
(A) Punishable Acts ………………………………………………………………………………………………………..…. 325
(B) Covered Transactions …………..……………………………………………………………………………..…………. 325
(C) Suspicious Transactions …………………………...……………………………………………………………...……… 326

XIII. ANTI – TRAFFICKING IN PERSONS ACT OF 2003 (RA 9208) ………………………………………………..….. 326
(A) Punishable Acts ………………………………………………………………………………………..…………………. 326

XIV. ANTI – GRAFT AND CORRUPT PRACTICES ACT (RA 3019) …………………….…………………………….…..... 327
(A) Definitions ………...……………………………………………………………………………………..…………..……... 327
(B) Persons Liable …………………………………...…………………………………………………………………..…..… 327
(C) Prima Facie Evidence of and Dismissal Due to Unexplained Wealth ………………………………………………….. 330
(D) Prescriptive Period: Fifteen (15) years (Sec. 11). ……………………………………………………………..…..……... 331
(E) Acts Not Covered by the Law …………………………………………………………………………………………….. 331

XV. AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER (RA 7080)
331
(A) Punishable Acts ……………………………………………………………………....……………………………………. 331
(B) Persons Liable ………………………………………………………………….……...…………………………...……… 332
(C) Jurisdiction: Sandiganbayan………………………………………………………..…..…………………………...…… 332
(D) Rule of Evidence ……………………………………………………………………..…….……………………………… 332
(E) Prescription …………………………………………………………………………..………………………..……...…… 333

XVI. ANTI – VIOLENCE AGAINST WOMEN AND CHILDREN ACT OF 2004 (RA 9262)
333
(A) Definition of Terms …………………………………………………………………………..………………….…………. 333
(B) Against Whom Committed ……………………………………………………………………………………..…………. 334
(C) Punishable Acts (Sec. 5) …………………………………………………………………….…………………….……….. 334
(D) Venue ……………………………………………………………………………………………………………..………… 335
(E) Protection Order ……………………………………………………………………………………………………….….. 336

XVII. ANTI – CHILD PORNOGRAPHY ACT OF 2009 (RA 9775) ………………………………………….…………….… 336
(A) Definition of Terms ………………………………………………………………………………………..……………….. 336
(B) Prohibited Acts …………………………………………………………………………………………….………………. 338

XVIII. ANTI – HAZING LAW (RA 8049) ……………………………………………………….……………………………… 338

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(A) Definition of Terms …………………………………………………………………………………………………...……. 338
(B) Procedure for Allowing Hazing ………………………………………………………………………………..…….……. 339
(C) Who are Liable …………………………………………………………………………………….…………………….… 339

XIX. SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE,

EXPLOITATION AND DISCRIMINATION ACT (RA 7610) ………………………………………….…………………….… 340
(A) Punishable Acts …………………………………………………………………………………….…………………….... 340
(B) Penalties for Child Prostitution and Trafficking ………………………………………………………….………….…. 341

XX. JUVENILE JUSTICE AND WELFARE ACT OF 2006 (RA 9344 AS AMENDED BY RA 10630) READ IN RELATION
WITH THE CHILD AND YOUTH WELFARE CODE (PD 603 AS AMENDED) ………………………………………...…... 342
(A) Children ………………………………………………………………………………………………….…………………. 342
(B) Classification of Children Under RA 9344 ……………………………………………………………………………….. 342
(C) Who are Exempted from Criminal Responsibility ………………………………………………………….…………… 342
(D) Offenses not Applicable to Minors …………………………………………………………………………….………….. 342
(E) RA 9344 and RA 10630, Distinguished ………………………………………………………………………………….... 342

XXI. ANTI – WIRETAPPING ACT (RA 4200) …………………………………………………………….…………………. 346

(A) Punishable Acts ………………………………………………………………………………………………………….…. 346
(B) Exceptions to Any of the Above Acts ………………………………………………………………………….………….. 346

XXII. ANTI – FENCING LAW (PD 1612) AND ITS IMPLEMENTING RULES AND REGULATIONS…………………347
(A) Definition of Terms …………………………………………………………………………………………………….…... 347
(B) Elements …………………………………………………………………………………………………………………..... 347
(C) Presumption of Fencing …………………………………………………………………………………………….……... 347
(D) Clearance or Permit to Sell ……………………………………………………………………………………….………. 347

XXIII. BOUNCING CHECKS LAW (BP 22) PLUS ADMINISTRATIVE CIRCULAR NO. 12-2000 RE: PENALTY FOR
VIOLATION OF BP 22 AND ADMINISTRATIVE CIRCULAR NO. 13-2001 RE: CLARIFICATION OF ADMIN. CIR. NO.
12-2000; AND PD 1689 (INCREASING THE PENALTY FOR CERTAIN FORMS OF SWINDING OR ESTAFA)
…………………………………………………..………. 347
(A) Elements …………………………………………………………………………………………...……………………….. 347
(B) Punishable Acts ………………………………………………………………………………...………………….……….. 348
(C) Evidence of Knowledge of Insufficient Funds ………………………………………………………………….…...……. 348

XXIV. ANTI – CARNAPPING ACT OF 1972 (RA 6539) AS AMENDED BY RA 7659

348
(A) Registration ………………………………………………………………………………………………………………… 348
(B) Who are Liable …………………………………………………………………………………………………………...... 349
(C) Duty of Collector of Customs of a Principal Port of Entry …………………………………………………...………… 349
(D) Duty of Importers, Distributors and Sellers …………………………………………………………………………...… 349
(E) Clearance and Permit for Assembly or Rebuilding Motor Vehicles ……………………………………………...……. 349
_Toc388776868
2. Carnapping – taking with intentto gain of a motor vehicle belonging to another without consent, or
by means of violence or intimidation or force upon things ……………………………………………………...……..…… 349
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XXV. ANTI – ARSON LAW (PD 1613) …………………………………………………...…………………………………….. 350
(A) Punishable Acts …………………………………………………………………………………………..………………… 350
(B) Destructive Arson if the Property Burned is Any of the Following: ………………………………………………….... 350
(C) Other Cases of Arson ……………………………………………………………………………………………..……….. 350

XXVI. ANTI – PHOTO AND VIDEO VOYEURISM ACT OF 2009 (RA 9995) ……….…………………………………..…. 350
(A) Punishable Acts …………………………………………………………………………………………………………..… 350
(B) Exception ………………………………………………………………………………………………………………….... 350

XXVII. ADMINISTRATIVE CIRCULAR NO. 08-2000 RE: GUIDELINES IN THE OBSERVANCE OF A RULE OF
PREFERENCE ON THE IMPOSITION OF PENALTIES IN LIBEL CASES ………..………………………………….…… 350
(A) Preference of imposition of fine ………………………………………………………………………………….……….. 350

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CRIMINAL LAW BOOK 1
I. FUNDAMENTAL PRINCIPLES b. The emphasis is on the offense and not
on the offender.
(A) FUNDAMENTAL PRINCIPLES & DEFINITION
OF TERMS c. Positivist of Realist Theory – Man is
inherently good but the offender is
1. CRIMINAL LAW is that branch of municipal socially sick. The basis is the sum of
law which defines crimes, treats of their social and economic phenomena which
nature and provides for their punishment. condition man to do wrong in spite of
2. OTHER TERMS or contrary to his volition. The purpose
a. CRIME – the commission or omission by of the penalty is reformation and the
a person having capacity, of any act, emphasis is on the offender and not the
which is either prohibited or compelled offense
by law and the commission or omission 5.LEGAL MAXIMS
of which is punishable by a proceeding e. Nullumcrimennullepoena sine lege –
brought in the name of the government there is no crime when there is no law that
whose law has been violated. defines and
b. FELONY – a crime punished under the punishes it.
RPC f. Actus no facitreum, nisi mens sit rea–
c. OFFENSE – a crime punished under a the act cannot be criminal unless the mind
special law is criminal
d. MISDEMEANOR – a minor infraction of g. Actus me invite factus non
law estmeusactus– an act done by me against
3. SOURCES OF PHILIPPINE CRIMINAL LAW my will is not my act
a. Revised Penal Code h. Doctrine of Pro Reo – whenever a penal
b. Special Penal Code law is to be construed or applied and the
c. Penal Presidential Decrees issued law admits of two interpretations – one
during Martial Law lenient to the offender and one strict to the
4. THEORIES IN CRIMINAL LAW offender – that interpretation which is
a. Classical or Juristic Theory – the basis lenient or favorable to the offender will be
of criminal liability is human free will. adopted.
The purpose of the penalty is i. Difference between Mala in Se and
retribution in view of the voluntariness Mala Prohibita
of the act or omission of the offender. MALA IN SE MALA PROHIBITA
Wrongful merely
Wrongful from their
because prohibited by
nature
state
So serious in their Violation of mere rules
effects on society of convenience
Intent governs Criminal intent is not
ATENEO LAW
 No interpretation by analogy.

Necessary where the acts

are prohibited for reasons (B) SCOPE AND APPLICATION AND CHARACTERISTICS
of public policy OF PHILIPPINE CRIMINAL LAW
Good faith is a valid Good faith is not a defense
defense, unless the crime 1. Generality
is the result of culpa The law is binding upon all persons who reside or
sojoum in the Philippines, irrespective of age, sex, color,
creed, or personal circumstances.
The degree of The act gives rise to a crime EXCEPTIONS:
accomplishment of the only when consummated a. Treaty Stipulations
crime is taken into Example: RP-US Visiting Forces Accord
account in punishing the b. Laws on Preferential Application – There are
offender some laws that carve exceptions. This must be
Mitigating and aggravating Mitigating and aggravating applied in particular instance
circumstances are taken circumstances are generally Example: R.A. 75
Under R.A. 75, persons who are exempt from
into account not taken into account
arrest and imprisonment and whose properties
are exempt from distraint, seizure and
attachment are the following:
Penalty is determined on Penalty on the offenders i. Ambassadors
the basis of the degree of are the same ii. Public ministers; and
participation of the iii. Domestic servants of
offender ambassadors and public
There are 3 stages of There are no stages of ministers
Unless the person is a citizen or inhabitant of
execution: attempted, execution
the Philippines and the writ or process issued
frustrated, consummated against him is founded upon a debt contracted
before he entered upon such service or the
Penalties may be divided There is no division of domestic servant is not registered with the
into degrees and periods penalties Department of Foreign Affairs.
c. Principles of Public International Law
6. CONSTRUCTION OF PENAL LAWS i. Examples: sovereigns or head
of states, ambassadors,
 Liberally construed in favor of offender
ministers plenipotentiary and
o The offender must clearly fall ministers-resident, charges
within the terms of the law. d’affairs and attaches.
o An act is criminal only when made ii. Consuls, vice-consuls and
so by the statute. other commercial
 In case of conflict with official translation, representatives of a
original Spanish text is controlling. privileges and immunities
accorded to ambassadors
and ministers.

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extension of the territory of the country to which they
belong
2. TERRITORIALITY
The law is applicable to all crimes committed within the b. Should forge or Counterfeit any coin or
limits of the Philippines territory, which includes its currency note of the Philippine Islands or obligations
atmosphere, interior waters and maritime zone. and securities issued by the Government of the
Philippine Islands
EXCEPTION: Article 2, RPC. [SCION] 1 c. Should be liable for acts connected with the
a. Should commit an offense while on a Introduction into these islands of the obligations and
Philippine Ship or airship securities mentioned in the presiding number
REQUISITE:
I. The Philippine ship or airship must be duly The rationale for the exceptions provided in pars. (2)
registered under the Philippine laws. and (3) is to maintain and preserve the financial credit
II. The ship or airship must not be within the stability of the state. It should be noted, however, that
territorial jurisdiction of another country, those who introduced the counterfeit items are
otherwise the laws of that country will apply as criminally liable even if they were not the ones who
a rule. counterfeited the said items. Conversely, those who
FOREIGN MERCHANT VESSELS counterfeit the said items are criminally liable even if
Note: The Philippines observes the English Rule they did not introduce the counterfeit items into the
FRENCH RULE ENGLISH RULE Philippines.
GENERAL RULE
Crimes committed d. While being public Officers or employees,
Crimes committed should commit an offense in the exercise of their
aboard a foreign
aboard a foreign vessel functions.
vessel within the
within the territorial
territorial waters of a
waters of a country The offense committed by a public officer abroad must
country are NOT
are triable in the refer to the discharge of one’s functions. The exception
triable in the courts
courts of such country. does not apply to public officers of the Philippine
of such country.
EXCEPTION government who enjoy diplomatic immunity because in
Crime affects the When the crime such a case the principles of public international law will
peace and security of merely affects things govern.
the territory, or within the vessel or
endangers the safety refers to the internal A crime committed within the grounds of a Philippine
of the state. management thereof. embassy on foreign soil shall be subject to Philippine
penal laws, although it may or may not have been
FOREIGN WARSHIPS – The nationality of such warship committed by a public officer in relation to one’s official
determines the applicable penal laws to crimes duties. Embassy grounds are considered as extension
committed therein, as they are considered to be an

---------------------------------------
1 Enclosed in [ ] are acronyms for memory aid/ retention.

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ATENEO LAW
of the sovereignty of the county occupying them.
Example of crime included:
i. Direct bribery;
ii. Indirect bribery;
iii. Qualified bribery;
iv. Corruption;
v. Fraud against the public treasury;
vi. Possession of prohibited interest;
vii. Malversation of public funds orproperty;
viii. Failure of accountable officer to render
accounts;
ix. Failure to render accounts before leaving the
country;
x. Illegal use of public funds or property;
xi. Failure to make delivery of public funds or
property; and
xii. Falsification by a public officer or employee
committed with abuse of official position.
e. Should commit any of the crimes against
National security and the law of nations, defined in Title
One of Book Two of this Code – (treason, conspiracy
and proposal to commit treason, misprision of treason,
espionage, inciting to war or giving motives for
reprisals, violation of neutrality, correspondence with
hostile country, flight to enemy’s country, piracy in
general and mutiny in the high seas, qualified piracy)
The rationale for the exception is to safeguard the
existence of the state. However, when rebellion, coup
d’état and sedition are committed abroad, the
Philippine court will not have jurisdiction because these
are crimes against public order. Nevertheless, terrorism
CRIMINAL LAW REVIEWER
under R.A. 9372 is now a crime against national security
and the law of nations.
EXCEPTION TO THE EXCEPTION: Penal laws are not
applicable within or without Philippine territory if so
provided in treaties and laws of preferential application.
3. PROSPECTIVITY
The law does not have any retroactive effect, except if it
favors the offender unless he is a habitual delinquent or
the law otherwise provides.
EXCEPTION:
If favorable to the offender, the law will have a
retroactive effect.
EXCEPTIONS TO THE EXCEPTION:
a. The offender is habitual delinquent; and
b. The law otherwise provides.
EFFECT OF REPEL/AMENDMENT OF PENAL LAWS
a. If the repeal makes the penalty lighter
in the new law, the new law shall be
applied
b. If the new law imposes a heavier
penalty, the law in force at the time of
the commission of the offense shall be
applied
c. If the new law totally repeals the
existing law so that the act which was
penalized under the old law is no longer
punishable or fails to penalized the
offense under the old law, the crime is
obliterated and the accused cannot be
convicted under the new law
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 If repeal is by reenactment, even without saving
clause, or a repeal by implication, it would not
destroy criminal liability
d. A person erroneously accused and convicted under a
repealed statute may be punish under the repealing
statute, provided accused had an opportunity to defend
himself against the charge
(C) CONSTITUTIONAL LIMITATIONS ON THE
POWER OF CONGRESS TO ENACT PENAL LAWS IN THE
BILL OF RIGHTS
1. Equal Protection – The law must be general in
application (Art. III Sec. 1, 1987 Constitution)
2. Due Process – No person shall be held to
answer for a criminal offense without due
process of law (Art. III, Sec.14[1], 1987
Constitution)
3. Non-Imposition of Cruel and Unusual
Punishment or Excessive Fines –Excessive fines
shall not be imposed, nor cruel, degrading or
inhuman punishment inflicted (Art. III Sec.
19[1], 1987 Constitution)
4. Bill of Attainder – The 1987 Constitution
prohibited the Congress form passing a bill of
attainder. A bill of attainder is a legislative act
which inflicts punishment without trial. Its
essence is the substitution of a legislative act
for a judicial determination of guilt. People v.
Ferrer,[G.R. Nos. L-32613-14,December 27,
1972]
Example: Congress passes a law which authorizes
the arrest and imprisonment of communist without
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benefit of a judicial trial (p.3, The Revised Penal Code,
Reyes, 2008)
5. Ex Post Facto Law – The 1987 Constitution
prohibits the Congress from passing an ex post
facto law. An ex post facto law is one which:
a. Makes criminal an act done before the
passage of the law and which was
innocent when done, and punishes such
an act;
b. Aggravates a crime, or makes it greater
than it was, when committed;
c. Changes the punishment and inflicts a
greater punishment than the law
annexed to the crime when committed;
d. Alters the legal rules of evidence, and
authorized conviction upon less or
different testimony than the law
required at the time of the commission
of the offense;
e. Assumes to regulate civil rights and
remedies only, in effect imposes
penalty or deprivation of a right for
something which when done was
lawful; and
f. Deprives a person accused of a crime
some lawful protection to which he has
become entitled (e.g. protection of a
former conviction or acquittal,
proclamation of amnesty)
6. Waiver of the rights of the accused
The constitutional rights of the accused cannot be
waived except in writing and in the presence of
counsel (Art. Sec. 12[1], 1987 Constitution)
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ATENEO LAW
NOTE: A right which may be waived is the right of
the accused to confrontation and cross-
examination. A right which may not be waived is the
right of the accused to be informed of the nature
and cause of the accusation. The reason is that
those rights which may not be waived involve public
interest which may be affected.
II. FELONIES
Art. 3. Definitions. – Acts and omissions punishable
by law are felonies (delitos).
Felonies are committed not only be means of deceit
(dolo) but also by means of fault (culpa).
There is deceit when the act is performed with
deliberate intent and there is fault when the
wrongful act results from imprudence, negligence,
lack of foresight, lack of skill.
FELONIES are acts and omissions punishable by the
Revised Penal Code.
Elements of Felonies
1. There must be an act or omission
ACT means any bodily movement tending to
produce some effect in the external world (People
vs. Gonzales, G.R. No. 80762, March 19, 1990), the
Compare Dolo (deceit) v. Culpa (fault)
possibility of its production is sufficient. It must be
at least an overt act of that felony, that is, an
external act which has direct connection with the
felony intended to be committed.
CRIMINAL LAW REVIEWER
OMISSION means inaction, the failure to perform a
positive duty which one is bound to do. There must
be a law requiring the doing or performance of an
act.
2. The act or omission must be punishable by the
RPC
It is based on the maxim, “nullumcrimen,
nullapoena sine lege,” that is, there is no crime
when there is no law punishing it.
3. The act is performed or the omission incurred by
means or doloor culpa
Voluntariness is an element because (a) Art. 3 in
referring to dolostates that the act is performed
with “deliberate intent” which implies that the act is
voluntary or freely committed; and (b) Art. 365 in
referring to reckless imprudence expressly states
that it is consists “in voluntary but without malice”
doing or failing to do an act.
A criminal act is presumed voluntarily. In the
absence of indubitable explanation, the act must be
declared voluntary and punishable.
Voluntaries (to incur criminal liability):
a. Intelligence;
b. Freedom of action; and
c. Intent to act
DOLO CULPA
Results from negligence,
Involves malice or
imprudence, lack of
deliberate intent
foresight or lack of skill
Intentional Intent is replaced by fault
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(A) CLASSIFICATION OF FELONIES Compare General Intent v. Specific Intent

GENERAL INTENT SPECIFIC INTENT
1. INTENTIONAL FELONIES An intention to commit a
In intentional felonies, the act or omission of the offender is An intent to do a wrong
definite act
malicious. The act is performed with deliberate intent. The
offender, in performing the act or incurring the omission, has Presumed to exist from
Existence of the intent is
the intention to cause an injury to another. the mere doing of a
not presumed
wrong act
REQUISITES: The burden of providing
a. Freedom The burden of providing the existence of the intent
i. A person who acts under the compulsion of the absence of intent is Is upon the prosecution, as
an irresistible force is exempt from criminal upon the accused much intent is an element
liability; and of the offense
ii. A person who acts under the impulse of an
uncontrollable fear of an equal or greater
injury is exempt from criminal liability.
Intent and Motive, Distinguished
b. Intelligence INTENT MOTIVE
i. It is the moral capacity to determine what is The purpose to use a The reason which impels
right from wrong and to realize the particular means to effect one to commit an act for
consequences of one’s acts; and such a result a definite result
ii. Factors that negate intelligence: minority, An element of a crime Not an element of a
insanity, imbecility. crime
c. Intent
i. It is presumed from the commission of an
MOTIVE, when relevant:
unlawful act. It is negated by mistake of
1. The identify of person accused of having committed
facts.
a crime is in dispute;
ii. Intent presupposes the exercise of freedom
2. In ascertaining the truth between antagonistic
and the use of intelligence.
theories or versions of the killing;
iii. If there is no intent there is no felony
3. The identification of the accused proceeds from
committed bydolobut a felony may still
unreliable source and testimony is inconclusive and
exist if culpa is present.
not free from doubt;
iv. Intent is a mental state, the existence of
4. There are no eyewitnesses to the crime, and where
which is shown by the overt acts of a
suspicion is likely to fall upon a number of persons;
person.
and
v. When the accused is charged with
5. The evidence is merely circumstantial.
intentional felony, absence of criminal
intent is a defense.
MISTAKE OF FACT
Ignorance or mistake of fact relieves the accused from
criminal liability. Mistake of fact is a misapprehension of
fact on the part of the person who caused injury to
another. He is not

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ATENEO LAW
Criminally liable, because he did not act with criminal
intent.
REQUISITES OF MISTAKES OF FACT:
1. The act done would have been lawful had the
facts been as the accused believed them to be;
2. The intention of the accused in performing the
act should be lawful; and
3. The mistake must be without fault or
carelessness on the part of the accused.
United States v. Ah Chong, [G.R. No. L- 5272, March
19, 1910
There is an innocent mistake of fact without any
fault or carelessness on the part of the accused,
because, having no time or opportunity to make any
further inquiry, and being pressed by circumstances
to act immediately, the accused had no alternative
but to take the facts as they then appeared to him,
and such facts as they then appeared to him, such
facts justified his act of killing the deceased.
People v. Oanis, [G.R. No. L-47722, July 27, 1943]
The accused found no circumstances whatever
which would press them to immediate action. The
person in the room being then asleep, the accused
had ample time and opportunity to ascertain his
identity without hazard to themselves, and could
effect a bloodless arrest if any reasonable effort to
that end had been made, as the victim was
unarmed.
2. CULPABLE FELONIES
In culpable felonies, the act or omission of the offender
is not malicious. The injury caused by the offender to
another person is “unintentional, it being simply the
incident of another act performed without malice”.
CRIMINAL LAW REVIEWER
REQUISITES:
a. Freedom
b. Intelligence; and
c. Imprudence, negligence, or lack of foresight or lack
of skill.
i. Imprudence indicates a deficiency of action. It
usually involves lack of skill.
Example:a person fails to take the necessary
precaution to avoid injury to person or damage
to property.
ii. Negligence indicates a deficiency of
perception.It usually involves lack of foresight.
Example: a person fails to pay proper attention
and to use diligence in foreseeing the injury or
damage impending to be caused.
3. THOSE PUNISHED BY SPECIAL LAWS
The third classes of crimes are those defined and
penalized by special laws which include crimes punished
by municipal or city ordinances. When the crime is
punished by a special law, as a rule, intent to commit
the crime is not necessary. It is sufficient that the
offender has the intent to perpetrate the act prohibited
by the special law, that is, it is enough that the
prohibited act is done freely and consciously.
When the doing of an act is prohibited by a special law,
it is considered that the act is injurious to public welfare
and the doing of the prohibited act is the crime itself.
(B) ELEMENTS OF CRIMINAL LIABILITY
1. An Intentional felony has been committed
An intentional felony has been committed even if the
result is different from the intended
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If a man creates in another person’s mind an immediate
sense of danger, which causes such person to try to
escape, and in so doing, the latter injures himself, the
man who creates such a state of mind is responsible for
the resulting injuries. People v. Page,[G.R. No.L-37507,
June 7, 1977] citing People v. Toling, [G.R.No. L-27097,
Jan. 17, 1975, 62 SCRA 17, 33] – This ruling is
consistent with People v. Valdez, which laid this
doctrine on incurring criminal liability in the following
words: “If a person against whom criminal assault is
directed reasonably believes himself to be in danger of
death or great bodily harm and in order to escape,
jumps into the water, impelled by the instinct of self-
preservation, the assailant is responsible for homicide
in case death results by drowing.
No felony is committed:
a. When the act or omission is not punishable by
the RPC; or
b. When the act is covered by any of the justifying
circumstances enumerated in Art. 11.
2. The wrong done to the aggrieved party be the
direct, natural and logical consequence of the felony
committed by the offender
A person is criminally responsible for acts committed by
him in violating of the law and for all the natural and
logical consequences resulting therefrom. U.S. v.
Somito, [4 Phil. 357, 360]
Art. 4. Criminal liability. – Criminal liability shall be incurred:
1) By any person committing a felony (delito)
although the wrongful act done be different
from that which he intended.
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One who commits an intentional felony is responsible
for all the consequences which may naturally and
logically result therefrom, whether foreseen or
intended or not.
The rationale of the rule is the maxim, “el quecausa de
la escausa del mal causado” (he who is the cause of the
cause is the cause of the evil caused).
How criminal liability is incurred:
1. By committing an intentional felony even if the
wrong produced as a consequence thereof is
not intended by the offender; and
2. By committing an impossible crime.
PROXIMATE CAUSE
PROXIMATE CAUSE is that cause, which, in natural and
continuous sequence, unbroken by any efficient
intervening cause, produces the injury, and without
which the result would not have occurred. Batacalan v.
Medina, [G.R. No. L-10126, October 22, 1957, quoting
38 Am. Jur. 695] It is that acting first and producing the
injury, either immediately, or by setting other events in
motion, all constituting a natural and continuous chain
of events, each having a close causal connection with its
immediate predecessor.
There must be a realtion of “cause and effect”, the
cause being the felonious act of the offended, the effect
being the resulting injuries and/or death of the victim.
NATURAL refers to an occurrence in the ordinary course
of human life or events, while
LOGICAL means that there is a rational connection
between the act of the accused and the resulting injury
or damage.
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ATENEO LAW
The felony committed is not the proximate cause of
the resulting injury when:
1. There is an active forced that intervened
between the felony committed and the
resulting injury, and the active force is a distinct
act or fact absolutely foreign from the felonious
act of the accused; or
2. The resulting injury is due to the international
act of the victim.
When death is presumed to be the natural
consequence of physical injuries inflicted:
1. The victim at the time of the physical injuries
were inflicted was in normal health;
2. Death may be expected from the physical
injuries inflicted; and
3. Death ensued within a reasonable time.
EFFECTIVE INTERVENING CAUSE
An EFFECTIVE INTERVENING CAUSE interrupts
thenatural flow of events leading to one’s death. It may
relieve the offender from liability.
Not efficient intervening causes:
1. Weak or diseased physical condition of the
victim;
2. Nervousness or temperament of the victim;
3. Causes which are inherent in the victim;
4. Neglect of the victim or third person;
And
5. Erroneous or unskillful medical or surgical
treatment.
Situations where a person committing a felony is still
criminally liable:
1. Error in personae: mistake in the identity of the
victim;
2. Aberration ictus: mistake in the blow
CRIMINAL LAW REVIEWER
And
3. Praeterintentionem: the injurious result is
greater than that intended.
(C) IMPOSSIBLE CRIMES
Art. 4. Criminal liability. – Criminal liability shall be
incurred:
2) By any person performing an act which would
be an offense against persons and property,
were it not for the inherent impossibility of its
accomplishment or an account of the
employment of an account of the employment
of inadequate or ineffectual means.
NOTE: The commission of an impossible crime is
indicative of criminal propensity or criminal tendency
on the part of the actor. Such a person is a potential
criminal.
1. REQUISITES OF IMPOSSIBLE CRIME
a. The act performed would be an offense against
persons or property
In committing an impossible crime, the offender
intends to commit a felony against persons or a
felony against property, and the act performed
would have been an offense against persons or
property.
If the act performed would be an offense other than
a felony against persons or against property, there
is no impossible crime.
Felonies against persons:
i. Parricide;
ii. Murder;
iii. Homicide;
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iv. Infanticide; a. The act intended by the offender is by its nature

v. Abortion; one of impossible accomplishment.
vi. Duel;
vii. Physical Injuries; and
viii. Rape
b. There must either be: (i) legal impossibility, or (ii)
Felonies against property: physical impossibility.
i. Robbery; i. LEGAL IMPOSSIBILITY – the intended
ii. Brigandage; acts, even if completed, would not
iii. Theft; amount to a crime.
iv. Usurpation; ii. PHYSICAL IMPOSSIBILITY – extraneous
v. Culpable insolvency; circumstances unknown to the actor or
vi. Swindling and other deceits; beyond his control prevent the
vii. Chattel mortgage; consummation of the intended crime.
viii. Arson and other crimes involving destruction; and
ix. Malicious mischief. Employment of inadequate means
Means is insufficient
b. The act was done with evil intent Employment of insufficient means
Means employed did not produce the result
It must be shown that the actor performed the act with Expected
evil intent, that is, he must have the intent to do an
injury to another. 3. PURPOSE
The purpose of the law in punishing impossible crime is to
c. Its accomplishment is inherently impossible or that the suppress criminal propensity or criminal tendencies.
means employed is either inadequate or ineffectual Objectively, the offender has not committed a felony, but
subjectively, he is a criminal.
In impossible crime, the act performed by the offender
cannot produce an offense against persons or property, (D) DUTY OF THE COURT IN CASES WHERE ACTS NOT
because: (1) the commission of the offense is inherently COVERED BY THE LAW MUST BE PUNISHED
impossible of accomplishment, or (2) the means is either
(a) inadequate or (b) ineffectual. Art. 5. Duty of the court in connection with acts which
should be repressed but which are not covered by the law,
d. The act performed should not constitute a violation of and in case of excessive penalties. – Whenever a court has
another provision of the Revised Penal Code knowledge of any act which it may deem proper to repress
and which is not punishable by law, it shall render the
2. INADEQUATE AND INEFFECTUAL MEANS proper decision and shall report to the Chief Executive,
through the Department of Justice, believe that said act
Inherent impossibility of its accomplishment should be made the subject of penal legislation.

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In the same way the court shall submit to the Chief
Executive, through the Department of Justice, such
statement as may be deemed proper, without
suspending the execution of the sentence, when a
strict enforcement of the provisions of this Code would
result in the imposition of clearly excessive penalty,
taking into consideration the degree of malice and the
injury caused by the offense.
(E) STAGES OF EXECUTION
Art. 6. Consummated, frustrated, and attempted
felonies. – Consummated felonies as well as those
which are frustrated and attempted are punishable.
A felony is consummated when all the elements
necessary for its execution and accomplishment are
present; and it is frustrated when the offender
performs all the acts of execution which would
produce the felony as a consequence but which,
nevertheless, do not produce it by reason of cause
independent of the will of the perpetrator.
There is an attempt when the offender commences
the commission of a felony directly or over acts, and
does not perform all the acts of execution which
should produce the felony by reason of some cause or
accident other than this own spontaneous desistance.
A felony is CONSUMMATED when all the elements
necessary for its execution and accomplishment are
present.
CRIMINAL LAW REVIEWER
It is FRUSTRATED when the offender perform all the
acts of execution which would produce the felony as a
consequence but which, nevertheless, do not produce it
by reason of causes independent of the will of
perpetrator.
There is an ATTEMPT when the offender commences
the commission of a felony directly by overt acts, and
does not perform all the acts of execution which should
produce the felony by reason of some cause or accident
other than his own spontaneous desistance.
DEVELOPMENT OF A CRIME
1. INTERNAL ACTS, such as mere ideas in the mind
of a person, are not punishable even if, had
they been carried out, they would constitute a
crime.
2. EXTERNAL ACTS cover
(a) preparatory acts; and
(b) acts of execution.
a. Preparatory acts – ordinarily they are
not punishable, but preparatoryacts
which are considered in themselves, by
law, as independent crimes are
punishable.
Ex: buying or preparing poison or
weapon with which to kill the intended
victim; carrying inflammable materials
to the place where a house is to be
burned.
b. Acts of execution – punishable under
the Revised Penal Code.
i. Subjective phase –portion of
the acts constituting the
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Crime, starting from the point where the offender
begins the commission of the crime to that point
where he has still control over his acts, including
their natural course.
ii. Objective phase – the result of the acts of
execution, that is, the accomplishment of the
crime.
 If the subjective and objective phases
are present, there is a consummated
felony.
 The spontaneous desistance of
theaccused is exculpatory only (a) if
madeduring the attempted stage, and
(b)provided that the acts already
committed do not constitute any offense.
ATTEMPTED FELONY
There is an attempt when the offender commences the
commission of a felony directly by over acts, and does
not perform all the acts of execution which should
produce the felony by reason of some cause or accident
other than his own spontaneous desistance.
a. ELEMENTS:
i. The offender commences the commission of
the felony directly by over acts;
REQUISITES:
 There be external acts;
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 Suchexternal acts have direct connection
with the crime intended to be committed.
ii. He doesnot perform all the acts of execution
which should produce the felony;
If the offender has performed all the acts of execution –
nothing more is left to be done – the stage of execution
is that of a frustrated felony, if the felony is not
produced; or consummated, if the felony is produced
iii. The offender’s act is not stopped by his own
spontaneous desistance.
Rationale for non- liability in cases where
there is spontaneous desistance: It is a sort of
reward granted by law to those who, having
one foot on the verge of crime, heed the call
of their conscience and return to the path of
righteousness. The law does not punish him
iv. The non-performance of all acts of execution
was due to cause or accident other than his
spontaneous desistance.
b. OVER ACTS
1. An OVER ACT is some physical activity or
deed, indicating the intention to commit a
particular crime, more than a mere
planning or preparation, which if carried
to its complete termination following its
natural course, without being frustrated
by external obstacles nor by the voluntary
desistance of the perpetrator, will
logically and necessarily ripen into a
concrete offense.
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ATENEO LAW
2. There are felonies where, because of their
nature or the manner of committing them,
the overt acts not performed with bodily
movement or by physical activity.
FRUSTRATED FELONY
A felony is frustrated when the offender
performs all the acts of execution which would
produce the felony as a consequence but which,
nevertheless, do not produce it by reason of
causes independent of the will of the
perpetrator.
a. ELEMENTS:
i. The offender performs all the acts of
execution; Nothing more is left to be done by
the last act necessary to produce the crime.
ii. All the acts performed would produce the
felony as a consequence;
1. All the acts of execution performed by
the offender could have the felony as a
consequence.
2. The belief of the accused need not be
considered. What should be considered
is whether all the acts of execution
performed by the offender “would
produce the felony as a consequence”2
However, in some cases,, the Supreme
Court considered the belief of the
perpetrators and considered the stage
of execution as frustrated even if no
mortal wound was inflicted.
----------------------------------
2 However, the Supreme Court has considered the belief
of perpetrators in some cases.
CRIMINAL LAW REVIEWER
iii. But the felony is not produced; The
acts performed by the offender do not
produce the felony, because if the
felony is produce it would be
consummated.
iv. By reason of cause independent of the
will of the perpetrator.
There are crimes which do not admit
of a frustration stage. By the definition
of a frustrated felony, the offender
cannot possibly perform all the acts of
execution to bring the desired result
without consummating the offense.
b. CRIMES WHICH DO NOT HAVE A FRUSTRATED
STAGE:
i. Rape, because the gravamen of the
offense is carnal knowledge, so no
matter how slight the penetration, the
felony is consummated;
ii. Indirect bribery, because the offense is
committed by accepting gifts offered by
reason of his office;
iii. Corruption of public officers, since the
crime requires the concurrence of the
will both parties;
iv. Adultery, because the essence of the
crime is sexual congress;
v. Physical injury since its determination
whether slight, less serious, or serious
can only be made once it is
consummated; and
vi. Theft, since unlawful taking immediately
consummates the offense and the
disposition of the thing is not an
element. [Valenzuela v. People, G.R.
160188, June 21, 2007]
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3. CONSUMMATED FELONY  The desistance which exempts from criminal
A felony is consummated when all the elements liability has reference to the crime intended to
necessary for its execution and accomplishment are be committed, and has no reference to the
present. crime actually committed by the offender
before his desistance.
All the elements of the felony for which the accused is Compare Legal Desistance v. Factual
prosecuted must be present in order to hold him liable Desistance
therefore in its consummated stage.

When a felony has two or more elements and one of FACTORS DETERMINING THE STAGE OF EXECUTION
them is not proved by the prosecution during the trial, 1. Nature of the offense;
either: 2. Elements constituting the felony; and
a. The felony is not shown to have been 3. Manner of committing the same.
consummated; or MANNER OF COMMITTING THE CRIME
b. The felony is not shown to have been 1. F
LEGAL
committed; or oDESISTANCE FACTUAL
c. Another felony is shown to have been r DEFINITION DESISTANCE
committed. m
Desistance referred to
a
in law which would
INDETERMINATE OFFENSE l
obviate criminal
 One where the purpose of the offender in
liability unless the Actual desistance of
performing an act is not certain. Its nature in c
overt or preparatory the actor; the actor is
relation to its objective is ambiguous. r
act already committed still liable for the
 The intention of the accused must be i
in themselves attempt.
ascertained from the facts and, therefore, it is m
constitute a felony
necessary that the mind be able to directly infer e
other than what the
from them intention of the perpetrator to cause s
actor intended
a particular injury. :
TIME OR PERIOD EMPLOYED
 Acts susceptible of double interpretation must
Desistance
c made Desistance made after
not and cannot furnish grounds by themselves
during
o the attempted the attempted stage
for attempted crime. People v. Lamahang, [G.R.
n stage of the crime
No. L-43530, August 3, 1935]
summated is one instant, no attempt
DESISTANCE As a rule, there can be no attempt at a
 It is an absolutory cause which negates criminal formal crime, because between the
liability because the law encourages a person to thought and the deed there is no chain
desist from committing a crime. of acts that can be severed in any link.
 The desistance should be made before all the An example would be slander and false
acts of execution are performed. testimony.

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ATENEO LAW
2. Crimes consummated by mere attempt or Art. 6. Conspiracy and proposal to commit felony. –
proposal or by overt act Conspiracy and proposal tocommit felony are
E.g. flight to enemy’s county (Art.121), Corruption punishable only in the cases in which the law specially
of minors (Art. 340) provides a penalty therefore.
3. Felony by omission
There can be no attempted stage when the felony A conspiracy exists when two or more persons come to
is by omission, because in this kind of felony the an agreement concerning the commission of a felony
offender does not execute acts. He omits to and decide to commit it.
perform an act which the law requires him to do.
4. Crimes requiring the intervention of two persons There is proposal when the person who has decided to
to commit them are consummated by mere commit a felony proposes its execution to some other
agreement person or persons.
In the crime of corruption of public officer, the
same are consummated by mere agreement. The Conspiracy and proposal to commit a crime are only
offer made by one of the parties to the other preparatory acts, and the law regards them as innocent
constitutes attempt felony, if the offer is rejected. or at least permissible except in rare and exceptional
5. Material crimes: there are three stages of cases.
execution
FRUSTRATED V. ATTEMPTED V. IMPOSSIBLE CRIME CONSPIRACY
ATTEMPTED IMPOSSIBLE CRIME 1. Exist when two or more persons come to an
FRUSTRATED agreement concerning the commission of a
Evil intent of the offender is not accomplished felony and decide to commit it.
Evil intent of the Evil intent of the 2. Direct proof is not essential to establish
offender is possible of offender cannot be conspiracy.
accomplishment accomplished REQUISITES:
What prevented its Inherently impossible of 1. Two or more persons came to an agreement
accomplishment is the accomplishment or Agreement presupposes meeting of minds of
intervention of certain means employed by the two or more persons.
cause or accident in offender is inadequate 2. The agreement pertains to the commission of a
which the offender had or ineffectual felony
no part It must be an agreement to act, to effect, to
bring about what has already been conceived
NOTE: There is no attempted or frustrated impossible and determined.
crime. 3. The execution of the felony was decided upon
(F) CONSPIRACY AND PROPOSAL There must be participation with a criminal
resolution because simple

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Knowledge thereof by a person may only make him
liable as an accomplice. Determine the liability of
GENERAL RULE: Conspiracy and proposal to commit the offenders
felony are not punishable. The act of one is the act
of all
EXCEPTION: They are punishable only in the cases in
which the law specially provides a penalty therefore. GENERAL RULE: When conspiracy is established, all who
participated therein, irrespective of the quantity or
EXAMPLES OF THE EXCEPTION: quality of his participation is liable equally, whether
a. Treason; conspiracy is pre-planned or instantaneous.
b. Rebellion;
c. Insurrection; EXECEPTION: Unless one or some of the conspirators
d. Coup d’ etat; committed some other crime which is not part of the
e. Sedition intended crime.
f. Monopolies and combination in restraint of
trade; EXCEPTION TO THE EXCEPTION: When the act
g. Espionage; constitutes a “single indivisible offense.”
h. Brigandage;
i. Illegal association; DOCTIRINE OF IMPLIED CONSPIRACY
j. Selected acts committed under the  When the defendants by their acts aimed at the
Comprehensive Dangerous Drugs Act; Arson; same object, one performing one part and the
k. Arson; other performing another part so as to
l. Terrorism under the Human Security Act. complete it, with a view to the attainment of
the same object and their acts, though
Compare Conspiracy as a Felony and Conspiracy as a apparently independent, were in fact
Means of incurring Criminal Liability concertedand cooperative, indicating
FELONY MANNER OF closenessofpersonal association, concerted
INCURRING action and concurrence of sentiments, the court
CRIMINAL will be justified in concluding that said
LIABILITY defendant were engaged in a conspiracy.
Conspirators should not If the conspirators commit People v. Geronimo, [G.R. No. L-35700 October
actually commit treason, treason, they will be held liable
15, 1973]
rebellion, etc., it being for treason, and the conspiracy
sufficient that two or more which they had before  Spontaneous agreement
persons agree and decide to committing treason is only a  Active cooperation by all offenders;
commit it manner of incurring criminal  Contributing by positive acts to the realization
liability, not treated as a of a common criminal intent;
separate offense And
Felony relates to a crime Conspiracy is not treated as a
actually committed separate offense but used to

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ATENEO LAW
 Presence during the commission of the crime by
a band and lending moral support thereto.
PROPOSAL TO COMMIT A FELONY
 When the person who has decided to commit a
felony proposes its execution to some other
person or persons.
 The law does not require that the proposal de
accepted by the person to whom the proposal is
made.
REQUISITES:
1. A person has decided to commit a felony; and
2. He proposes its execution to some other person
or persons.
NOTES: There is no criminal proposal when:
 The person who proposes is not determined
to commit the felony;
 There is decided, concrete and formal
proposal; and
 It is not the execution of the felony that is
proposed.
(G) CLASSIFICATION OF FELONIES
(ACCORDING TO GRAVITY)
Art. 7. When light felonies are punishable.
 Light felonies are punishable when they have
been consummated, with the exception of those
committed against persons or property.
1. LIGHT FELONIES arethose infractions of law for the
commission of which the penalty of arrestomenorora
fine not exceeding 200 pesos or both, is provided.
CRIMINAL LAW REVIEWER
Light felonies are punishable only when they have been
consummated. They produce such light, such
insignificant moral and material injuries that public
conscience is satisfied with providing a light penalty for
their consummation.
EXCEPTION: Light felonies committed against persons
or property, are punishable even if attempted or
frustrated.
Rationale: The commission of felonies against
persons or property presupposes in the offender moral
depravity.
Art. 9. Gave felonies, less grave felonies and light
felonies. – Grave felonies are those to which the law
attaches the capital punishment or penalties which in
any of their periods afflictive, in accordance with
Article 25 of the Code.
Less grave felonies are those which the law punishes
with penalties which in their maximum period are
correctional, in accordance with the above-mentioned
article.
Light felonies are those infraction of law for the
commission of which the penalty if arrestomenoror a
fine not exceeding 200 pesos, or both, is provided.
Importance of classification
1. To determine whether these felonies can be
complexed or not; and
2. To determine the prescription of the crime and
the prescription of the penalty.
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2. GRAVE FELONIES
These are reclusion perpetua, reclusion temporal,
perpetual or temporary absolute disqualification,
perpetual or temporary special disqualification and
prison mayor.
3. LESS GRAVE FELONIES
These are prison correccional, arresto mayor,
suspension and destierro.
(H) OFFENSES NOT SUBJECT TO THE PROVISIONS OF
THIS CODE
Art. 10. Offenses not subject to the provisions of this
Code. – Offenses which are or in the future may be
punishable under special laws are not subject to the
provisions of this Code. This Code shall be
supplementary to such laws, unless the latter should
specially provide the contrary.
GENERAL RULE: The provisions of the RPC are
supplementary to special laws.
EXCEPTIONS:
1. Where the special law provides otherwise; and
2. When the provisions of the RPC are impossible
to apply, either by express provision or by
necessary implication.
Provisions of RPC applicable to Special Laws:
 Art. 16 Participation of Accomplices;
 Art. 17 Participation of Principals, in relation to
the Corporation Code where “(j)uridical persons
are criminally liable under certain special laws”
so that “ (o)nly the officers of the corporation
whoparticipate either as principal by direct
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participation or principals by induction or by
cooperation or as accomplices in the
commission of an act punishable by law are
liable. (Reyes , 2012); Art. 22 Retroactivity of
Penal laws if favorable to the accused;
 Art. 39 Subsidiary imprisonment in insolvency to
pay the fine; and
 Art. 45 Confiscation of instruments used in the
crime.
When the special law adopts the penalties imposed in
the RPC, the provisions of the RPC on imposition of
penalties based on stages of execution, degree of
participation and attendance of mitigating and
aggravating circumstance may be applied by necessary
implication.
(I) MULTIPLE OFFENCES
Four Forms of Repetition
1. Recidivism (Art. 14, par.9);
2. Reiteracion or habituality (Art. 14, par. 10)
3. Mult-recidivism or habitual delinquency (Art.
62, par. 5); and
4. Quasi-recidism (Art. 160).
1. RECIDIVISM
A RECIDIVIST is one who, at the time of his trial for one
crime, shall have been previously convicted by final
judgment of another crime embraced in the same title
of the RPC. People v. Lagarto, [G.R. No. 65833, May 6,
1991]
REQUISITES:
a. The offender is on trial for an offense;
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ATENEO LAW
b. He was previously convicted by final judgment of
another crime;
c. Both the first and the second offenses are
embraced in the same title of the Code;
Examples:
Robbery and theft – Crimes Against Property
Homicide and physical injuries – Crimes Against
Persons
d. The offender is convicted of the new offense.
“All the time of his trial for one crime”
What is controlling is the time of trial, not the time of
the commission of the crime. It is sufficient that the
succeeding offense be committed after the commission
of the preceding offense, provided that at the time of
his trial for second offense, the accused had already
been convicted of the first offense.
It is not required at the time of commission of the
second offense, the accused should have been
previously convicted by final judgment of another
crime.
Trial is meant include everything that is done in the
course of the trial, from arraignment until after
sentence is announced by the judge in the open court.
Recidivism must be taken into account no matter how
many years have intervened between the first and
second felonies.
Pardon does not prevent a former conviction from
being considered as an aggravating circumstances, but
amnesty extinguishes the penalty and its effects.
CRIMINAL LAW REVIEWER
2. HABITUALITY (REITERACION)
REQUISITES:
a. The accused is on trial for an offense;
b. He previously served sentence for another
offense to which the law attaches an equal or
greater penalty, or for 2 or more crimes to
which it attaches lighter penalty than that for
new offense; and
c. He is convicted of the new offense.
3. MULTI-RECIDIVISM or HABITUAL DELINQUENCY
A person, within the period of 10 years from the date of
his last release or last conviction of the crime of serious
or less serious physical injuries, robbery, theft,
estafaorfalsification, is found guilty of any said crimes a
third time or oftener. In habitual delinquency, the
offender is either a recidivist or one who has been
previously punished for two or more offenses. He shall
suffer an additional penalty for being a habitual
delinquent.
REQUISITES:
a. The offender had benn convicted of any of the
crimes of serious or less serious physical
injuries, robbery, theft, estafa or falsification;
b. After that conviction or after serving his
sentence, and within 10 years form his first
conviction or release, he was again convicted of
any of said crimes for the second time;
c. After his conviction of, or after service sentence
for, the second offense, and within 10 years
from his last conviction
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Or last release for said second offense, he was gain His last release or last Fixed by law
convicted of any said, the third time or oftener. conviction
As to the number of crimes committed
4. QUASI-RECIDIVISM The accused must be A second conviction is
Any person who shall commit a felony after having been found guilty the third sufficient
convicted by final judgment, before beginning to serve time or oftener
such sentence or while serving the same, shall be As to their effects
punished by the maximum period of the penalty If there is habitual If not offset by a
prescribed by law for the new felony. delinquency, an mitigating circumstances,
additional penalty is also serves to increase the
---COMPARATIVE TABLES--- imposed penalty only to the
HABITUAL DELINQUENCY V. RECIDIVISM maximum
HABITUAL RECIDIVISM
DELINQUENCY RECIDIVISM V. REITERACION
As to crimes committed RECIDIVISM HABITUALITY/REITERCION
The crimes are specified The crimes must be A final judgment has It is necessary that the
embraced in the same been rendered in offender shall have served out
title of the Code the first offense his sentence for the first
As the period of time the crimes are committed offense
The offender found No period of time The offense must be The previous and subsequent
guilty of any of the between the former included in the same offenses must not be
crimes specified within conviction and the last title of the Code embraced in the same title of
10 years from conviction is the Code
Always taken as an Not always an aggravating
aggravating circumstance
circumstance

RECIDIVISM v. HABITUALITY v. MULTI-RECIDIVISM v. QUASI-RECDIVISM

RECIDIVISM HABITUALITY/REI HABITUA QUASI-RECIDIVISM
TERCION DELINQUENCY
As to crime committed
Crimes involved must Involves any crime The crimes are specified Involves any crime (pointed
be embraced in the (serious or less serious out that the second offense
same title of the Code physical injuries, robbery, must be a felony, while the
theft, estafa, or falsification) first offense need not be)
As to the period of time the crimes are committed
Offender is on trial for Offender After conviction and serving Offender has been
an offense previously served out his sentence convicted of an
sentence for
another offense
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ATENEO LAW
And is To which the law Offender is convicted again of any of the Offense and commits
subsequently attaches an equal or second crimes and that after conviction another felony
convicted of the greater penalty, or for and serving out his sentence for the before or during
crime two or more crimes to second crime, offender again committed serving sentence
which it attaches and was convicted within 10 years from
lighter penalty than his last sentence or conviction of any of
that for new offense the crimes specified the third time or
oftener
As to their effects
A generic A generic aggravating An extraordinary aggravating A special aggravating
aggravating circumstance circumstance (impose an additional circumstance
circumstance penalty

(J) CONTINIOUS (CONTINUED OR CONTINUING) CRIME
- is a single crime consisting of a serious of acts but all
arising from one criminal resolution. Although there is a
serious of acts, there is only one crime committed.
REQUISITES:
1. Multiplicity of acts;
2. Unity of criminal purpose or intent; and
3. Unity of criminal offense violated.
A continued crime is not a complex crime, because the
offender in continued or
Continuous crime does not perform a single act, but a
serious of acts, and one offense is not necessary means
for committing the other.
(K) COMPLEX CRIMES V. SPECIAL COMPLEX CRIMES
PLURALITY OF CRIMES consists in the successive
execution, by the same individual, of different criminal
acts, upon any of which no conviction has yet been
declared. If there is conviction by final judgment, it is
recidivism.
1. Real or material plurality - different crimes in
law, as well as in the conscience of the
offender; the offender shall be punished for
each and every offense that he committed
2. Formal or ideal plurality – Only one criminal
liability
a. When the offender commits any of the
complex crimes in Article 48.
b. When the law specifically fixes a single
penalty for two or more offenses
committed (Special Complex Crimes).
c. When the offender commits continuous
crimes.

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Art. 48. Penalty for complex crimes. – When a single act
constitutes two or more grave or less grave felonies, or
when an offense is necessary means for committing the
other, the penalty for the most serious crimes shall be
imposed, the same to be applied in its maximum
period.
NOTES:
 Article 48 requires the commission of at least 2
crimes. But the 2 or more grave or less grave
felonies must be the result of a single act, or an
offense must be a necessary means for
committing the other.
 Although 2 or more crimes are actually
committed, they constitute only one crime in the
eyes of the law because the offender has only
one criminal intent, hence, there is only one
penalty imposed.
 Article 48 could have had no other purpose than
to prescribe a penalty lower than the aggregate
of the penalties for each offense, if imposed
separately. When two or more crimes are the
result of a single act, the offender is deemed less
perverse than when he commits said crimes
through separate and distinct acts. People v.
Hernandez, [G.R. Nos. L-6025-26, July 18, 1956]
 Article 48 applies only to cases where the Code
does not provide a definite specific penalty for a
complex crime.
 The penalty for complex crime is the penalty for
the most serious crime, the same to be applied
in its maximum period. If different crimes
resulting from one single act are punished with
the same penalty, the penalty for any one of
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them shall be imposed, the same to be applied in
the maximum period. When two felonies
constituting a complex crime are punishable by
imprisonment and fine respectively, only the
penalty of imprisonment should be imposed.
 When a complex crime is charged and one
offense is not proven, the accused can be convicted
of the other.
KINDS OF COMPLEX CRIMES:
1. COMPOUND CRIME: When a single act constitute 2
or more grave or less grave felonies.
REQUISITES:
a. Only a single act is performed by the offender;
and
b. The single act produces:
i. Two or more grave felonies; or
ii. One or more grave and one or more less
grave felonies; or
iii. Two or more less grave felonies.
Light felonies produced by the same act should be
treated and punished as separate offenses or may be
absorbed by the grave felony.
The “single criminal impulse,” “same motive” or “single
purpose” theory has no legal basis as Art. 48 speaks of
“single act”. However, the theory is acceptable as a
continued crime, as the Court has held in People v.
Lawas (G.R. L-7618, June 30, 1955[Unreported]) and
reiterated in People v. Remollino (G.R. No. L-14008,
September 30, 1960), when it is not certain who among
the several accused killed or injured each of the several
victims.
2. COMPLEX CRIME PROPER: When an offense is a
necessary means for committing the other.
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ATENEO LAW
REQUISITES:
a. At least two offenses are committed;
b. One or some of the offenses must be necessary
to commit the other;
- Necessary means is not equivalent to
indispensable means.
c. Both or all of the offenses must be punished
under the same statute.
When there is no complex crime:
a. In case of continuous crimes;
b. When one offense is committed to conceal the
other;
c. When the other crime is an indispensable part or
an element of the other offenses;
d. Where one of the offense is penalized by a
special law; and
e. When the provision provides for a two- tiered
penalty, e.g. Usurpation of property (Art. 312),
malicious procurement of a search warrant (Art.
129), bribery (Art. 210 par. 1), maltreatment of
prisoners (Art. 235)
Instances where Article 48 is not applicable:
a. When the crimes subject of the case have
common elements;
b. When the crimes involved are subject to the rule
of absorption of one crime by the other;
c. Where the two offenses resulting from a single
act are specifically punished as a single crime,
such as less serious slander of deed, since this is
punished under Art. 264, par. 2, as the single
CRIMINAL LAW REVIEWER
crime of less serious physical injuries with
ignominy; and
d. In special complex crimes or composite crimes.
SPECIAL COMPLEX CRIMES are those which are treated
by law as single indivisible offenses although comprising
more than one specific crime and with specific penalty.
EXAMPLES:
a. Rape with homicide
Homicide must always be consummated,
otherwise, they are separate offense.
The rape may either consummated or
attempted;
b. Kidnapping and homicide;
c. Kidnapping with rape
Different from abduction with rape,
wherein there is lewd design;
d. Robbery with homicide
Additional homicide not aggravating;
e. Robbery with rape
Additional rape not aggravating;
f. Robbery with arson; and
g. Arson with homicide.
Crimes involved cannot be legally complexed:
a. Malicious obtainment or abusive service of
search warrant (Art. 210) with perjury;
b. Bribery (Art. 210) with infidelity in the custody or
prisoners;
c. Maltreatment or prisoners (Art. 235) with
serious physical injuries; and
d. Usurpation of real rights (Art. 312) with serious
physical injuries.
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Example of Complex Crimes by Article 48
1. Direct assault with:
a. Homicide
b. Murder
c. Serious Physical Injuries or Less
Serious Physical Injuries
d. Tumults and other disturbances
2. Estafa thru falsification of a public
document.
3. Malversation thru falsification
4. Discharge of firearm with SPI or LSPI
5. Grave threats with intentional abortion
6. Homicide with unintentional abortion
7. Parricide with abortion
(intentional/unintentional)
8. Forcible abduction with rape –
If there are multiple rapes, only one is
complexed with forcible abduction, and
the rest shall be considered separate
crimes
9. Simple seduction by means of
usurpation of official functions
CRIMINAL LAW REVIEWER
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Example of Special Complex Crimes
1. Qualified Piracy/ Qualified mutiny2. Robbery with:
a. Serious Physical Injuries (SPI): victim of SPI should not
be the robber; otherwise, they are separate crimes.
Note: under the 4th act, violence need not result in SPI;
only that the violence be unnecessary for the
commission of the crime.
b. Homicide: intent to take personal property must
precede the killing. Otherwise, two separate crimes of
homicide/murder/parricide and theft are committed.
The law does not require that the victim of robbery is
also the victim of homicide.
c. Rape: intent to gain must also precede rape. This does
not cover robbery with attempted rape.
d. Intentional Mutilation: Castration or mayhem
e. Arson: robbery should precede arson. And no rape,
homicide, SPI, or intentional mutilation should be
committed or else, arson will only be considered as an
aggravating circumstance.
3. Rape with homicide (also, attempted and frustrated rape
with homicide): homicide must be by reason of or on
occasion of rape.
4. Rape with serious illegal detention or kidnapping with rape
– if there is an attempted rape, it shall be considered as a
separate crime. Regardless of the number of rapes, there is
only one crime.
5. Kidnapping with
a. Murder
b. Homicide (take note of specific intent)
Regardless of the number of victims killed, there is
one crime only of special complex crime of kidnapping
with homicide
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or murder, as the case may be.
c. Serious Physical injuries

=================================================== 2. SELF-DEFENSE (PAR. 1)

III. CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY Rights included in Self-Defense:

===================================================
(A) DEFINITIONS
IMPUTABILITY is the quality by which an act may be ascribed
to a person as its author or owner. It implies that the act
committed has been freely and consciously done and may,
therefore, be put down to the doer as his very own.
Self-defense includes not only the defense of the person or
body of the one assaulted but also that of his rights, those
rights the enjoyment of which is protected by law. "Aside from
the right to life on which rests the legitimate defense of our
person, we have the right to property acquired by us, and the
right to honor which is not the least prized of man's
patrimony." [1 Viada, 172, 173, 5th edition]

RESPONSIBILITY is the obligation of suffering the The right to honor. Hence a slap on the face is
consequences of -crimes. It is the 'obligation of taking the considered as unlawful aggression since the face
penal and civil consequences of the crime. represents a person and his dignity. Rugas v. People,
[GR No. 147789, Jan. 14, 2004]
GUILT is an element of responsibility, for a man cannot be
made to answer for the consequences of a crime unless he is a. Defense of person;
guilty. b. Defense of rights protected by law;
c. Defense of property; and
(B) JUSTIFYING CIRCUMSTANCES d. Defense of chastity.

1. GENERAL CONCEPTS Reasons why penal law makes self-defense lawful

JUSTIFYING CIRCUMSTANCES are those where the act of a a. It is based on that impulse of self-
person is said to be in accordance with law, so that such preservation born to man and part of his
person is deemed not to have transgressed the law and is free nature as a human being.
from both criminal and civil liability. There is no crime and b. Classicist: grounded on the impossibility on
there is no criminal. There is also no civil liability, except in par. the part of the State to avoid a present
4 of Article 11. unjust aggression and protect a person
unlawfully attacked.
Basis: The law recognizes the non-existence of a crime by
c. Positivists: an exercise of a right, an act of
express provision. Lack of criminal intent.
social justice done to repel the
It is incumbent upon the accused to prove the justifying
circumstances claimed by him to the satisfaction of the court.

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attack of an aggression. 1. Kind
s of Aggression
ELEMENTS: a. Lawful: fulfillment of a duty or
a. Unlawful Aggression the exercise of a right
b. Unlawful
i. Indispensable requirement; 2. It is equivalent to assault or at least threatened
ii. Actual physical assault or aggression or an assault of an immediate and imminent.
immediate and imminent threat is required; 3. There must be an actual physical assault upon a
iii. Threatened assault of an immediate kind must person, or at least a threat to inflict real injury.
be offensive and positively strong showing the 4. The threat must be offensive and positively
wrongful intent to cause injury; and strong, showing the wrongful intent to cause an
iv. The defense must have been made during the injury.
existence of aggression, otherwise, it is no longer 5. Peril to one's Life
justifying. a. Actual: the danger must be present, that is,
actually in existence; or
b. Reasonable necessity of the means employed to
b. Imminent: the danger is on the point of
prevent or repel it Test of reasonableness:
happening. It is not required that the attack
i. Nature and quality of the weapon used by already begins, for it may be too late.
aggressor; 6. Peril to one's Limb
ii. Physical condition, character, size and other a. Includes peril to the safety of one's person
circumstances of aggressor; Physical condition, from physical injuries.
character, size and circumstances of person
RETALIATION SELF-DEFENSE
defending himself; and The aggression that was The aggression was the
iii. Place and occasion of assault. begun by the injured party still existing when
already ceased to exist aggressor was injured or
NOTE: Perfect equality between the weapons used when the accused attacked disabled by the person
or material commensurability between the means of him making a defense.
attack and defense by the one defending himself and
that of the aggressor is not required because the
victim does not have sufficient opportunity and
NOTES: UNLAWFUL AGGRESSION
tranquility of mind to think and calculate which
weapon to use. The law merely requires rational • The attack made by
equivalence the deceased and the
killing of the deceased
b. Lack of sufficient provocation on the part of the
by defendant should
person defending himself
succeed each other
FIRST ELEMENT: UNLAWFUL AGGRESSION
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ATENEO LAW
without appreciable interval of time.
• It must come from the person attacked by the
accused.
• There is no unlawful aggression when there
was an agreement to fight.
• Mere belief of an impending attack is not
sufficient.
• In relation to "mistake of fact", the belief of
the accused may be considered in determining
the existence of unlawful aggression. E.g. use
of a replica gun provided the accused believe
to be a real gun.
How to Determine the Unlawful Aggressor:
In the absence of direct evidence to determine who
provoked the conflict, it has been held that it shall be
presumed that, in the nature of the order of things, the
person who was deeply offended by the insult was the
one who believed he had a right to demand explanation
of the perpetrator of that insult, and the one who struck
the first blow when he was not satisfied with the
explanation offered. United States v. Laurel, [G.R. No.
7037, March 15. 1912]
KINDS OF SELF-DEFENSE:
a. Self-defense of chastity — There must be an attempt
to rape the victim.
b. Defense of property — Must be coupled with an
attack on the person of the owner, or on one
entrusted with such property.
However, in one case, the Court held that attack
on property alone was deemed sufficient to
comply with element of unlawful aggression.
(People v. Narvaez, G.R. No. L-33466-67, April 20,
1983)
CRIMINAL LAW REVIEWER
c. Self-defense in libel — Justified when the libel is
aimed at a person's good name.
d. Defense of dignity and of person — Slap on the face
which places a person's dignity in real danger. [People v.
Sabio, G.R. No. L-23734, April 27, 1967]
"Stand ground when in the right" - The law does not
require a person to retreat when his assailant is rapidly
advancing upon him with a deadly weapon.
SECOND ELEMENT: REASONABLE NECESSITY of the
means employed to prevent or repel it
• The reasonableness of either or both such
necessity depends on the existence of unlawful
aggression and upon the nature and extent of
the aggression.
• Two elements of necessity: necessity for the
course of action and necessity of the means
employed
o Necessity of the course of action taken: the
necessity of the course of action taken
depends on the existence of unlawful
aggression.
o Necessity of the means used: the means
employed by the person making a defense
must be rationally necessary to prevent or
repel an unlawful aggression.
• In repelling or preventing an unlawful
aggression, the one defending must aim at his
assailant, and not indiscriminately fire his deadly
weapon.
• The peace officer, in the performance of his
duty, represents the law which he must uphold.
While the law on self-defense allows a private
individual to prevent or
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repel an aggression, the duty of a peace officer requires
him to overcome his opponent. A police officer is not
required to afford a person attacking him, the
opportunity for a fair and equal struggle.
In determining reasonable means, some factors are to be
considered such as:
1. Presence of imminent danger;
2. Emergency to which the person defending
himself has been exposed to;
3. Nature and quality of the weapon used by the
accused compared to the weapon of the
aggression;
4. Impelled by the instinct of self-preservation;
and
5. Size and/or physical character of the aggressor.
Perfect equality between the weapons used by the one
defending and that of the aggressor is not required.
Rational Equivalence is enough.
NOTE: The first two requisites thus far explained are
common to self-defense, defense of a relative, and
defense of a stranger.
LACK OF SUFFICIENT PROVOCATION on the part of the
person defending himself
• The one defending himself must not have given
cause for the aggression by his unjust conduct or
by inciting or provoking the assailant.
• Cases in which third requisite considered
present:
o No provocation at all was given to the
aggressor by the person defending
himself;
o When, even if a provocation was given, it
was not sufficient; and
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o OPERATIONS 2014
When, even if the provocation was
sufficient, it was not given by the person
defending himself.
• The exercise of a right cannot give rise to
sufficient provocation.
• The provocation must be sufficient, which means
that it should be proportionate to the act of
aggression and adequate to stir the aggressor to
its commission. People v. Alconga, [G.R. No. L-
162, April 30, 1947]
PLEASE SEE THE NOTES ON ANT!-VAWC IN THE SPL
SECTION, PARTICULARLY: THE BATTERED WOMAN
SYNDROME IN RELATION TO THE DISCUSSION ON LACK
OF SUFFICIENT PROVOCATION ON THE PERSON
DEFENDING HIMSELF.
3. DEFENSE OF RELATIVES (PAR. 2)
ELEMENTS:
a. Unlawful aggression (indispensable
requirement)
Unlawful aggression need not exist as a
matter or fact. It can be made to depend
upon the honest belief of the one
making a defense, as when two sons
attacked the victim in the belief that the
latter unlawfully attacked their father
who was lying on the floor when they
arrived. United States v. Esmedia, [G.R.
No 5749, October 21, 1910]
b. Reasonable necessity of the means employed to
prevent or repel it
c. In case the provocation was given by the person
attacked, the one making
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ATENEO LAW
the defense had no part in such provocation
i. i.The clause, in case the provocation was given
by the person attacked," used in stating the
third requisite does not mean that the relative
defended should give provocation to the
aggressor. It merely states an event which may
or may not take place.
ii. There is still a legitimate defense of relative
even if the relative being defended has given
provocation, provided that the one defending
such relative has no part in the provocation.
Relative entitled to the Defense:
a. Spouse;
b. Ascendants;
c. Descendants;
d. Legitimate, natural or adopted brothers and
sisters, or relatives by affinity in the same
degrees; and
e. Relatives by consanguinity within the 4th civil
degree.
NOTE: The relative defended may be the original
aggressor. To justify the act of the relative defending, he
must not take part in such provocation.
Basis: Humanitarian sentiment and upon the impulse of
blood which impels men to rush, on the occasion of great
perils, to the rescue of those close to them by ties of
blood.
4. DEFENSE OF STRANGER (PAR. 3)
ELEMENTS:
CRIMINAL LAW REVIEWER
1. Unlawful aggression (indispensable requirement)
2. Reasonable necessity of the means employed to
prevent or repel it
3. Person defending be not induced by revenge,
resentment or other evil motive
• The defense of a stranger must be actuated by
disinterested or generous motive.
A STRANGER is any person not included in the
enumeration of relatives mentioned in paragraph 2.
Basis: What one may do in his defense, another may do
for him.
Reyes, p. 200: "Even if a person has a standing grudge
against the assailant, if he enters upon the defense of a
stranger out of a generous motive to save the stranger
from serious bodily harm, or possible death, the third
requisite of defense of stranger still exists."
5. AVOIDANCE OF GREATER EVIL OR INJURY (STATE OF
NECESSITY) (PAR. 4)
ELEMENTS:
a. Evil sought to be avoided actually exists;
b. Injury feared be greater than that done to
avoid it; and
c. No other practical and less harmful means of
preventing it.
In cases falling within subdivision 4 of Article 11, the
persons for whose benefit the harm has been prevented,
shall be civilly liable in proportion to the benefit which
they may have
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protection of the property, then paragraph 1 of
received (Art. 101) Art. 11 applies, it being a defense of right to
- only instance in this article where there is civil property.
liability on the part of the accused.
• DOCTRINE OF SELF-HELP - The owner or lawful
The necessity must not be due to the negligence or possessor of a thing has the right to exclude any
violation of any law by the actor. person from the enjoyment and disposal thereof.
For this purpose, he may use such force as may
6. FULFILLMENT OF DUTY OR LAWFUL EXERCISE OF
be reasonably necessary to repel or prevent an
RIGHT OR OFFICE (PAR. 5)
actual or threatened unlawful physical invasion
ELEMENTS: or usurpation of his property.

a. Accused acted in the performance of duty or in the 7. OBEDIENCE TO AN ORDER ISSUED FOR SOME
lawful exercise of a right or office; and LAWFUL PURPOSE (PAR. 6)

b. Injury caused or offense committed is the necessary ELEMENTS:

consequence of the due performance of the duty, or
a. An order has been issued;
the lawful exercise of such right or office.
b. The order has a lawful purpose and not patently
NOTES: illegal; and
c. Means used by subordinate to carry out said
• The accused must prove that he was duly order is lawful.
appointed to the position claimed he was
discharging at the time of the commission of the NOTES:
offense.
• The superior officer giving the order cannot
• The deceased was under the obligation to
invoke this justifying circumstance.
surrender, and had no right, after evading
• Good faith is material, as the subordinate is not
service of his sentence, to commit assault and
liable for carrying out an illegal order if he is not
disobedience with a weapon in his hand, which
aware of its illegality and he is not negligent.
compelled the policeman to resort to such
extreme means, which, although it proved to be GENERAL RULE: Subordinate cannot invoke this
fatal, was justified by the circumstances. People circumstance when order is patently illegal.
v. Delima [46 Phil. 738]
• It is not necessary that there be unlawful EXCEPTION: When there is compulsion of an irresistible
aggression against the person charged with the force, or under impulse of uncontrollable fear.
protection of the property. If there is unlawful (C) EXEMPTING CIRCUMSTANCES
aggression against the person charged with the

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ART. 12. Exempting Circumstances [IF-INDIA]3 of negligence
Par. 5 (irresistible force) Complete absence of
1. GENERAL CONCEPTS freedom
Par. 6 (uncontrollable fear) Complete absence of
EXEMPTING CIRCUMSTANCES are those grounds for freedom
exemption from punishment due to absence of any Par. 7 (prevented by Lack of intent
conditions in the agent of the crime which makes the act insuperable cause)
voluntary or negligent.

Technically, one who acts by virtue of any exempting COMPARE JUSTIFYING V. EXEMPTING CIRCUMSTANCES
circumstance commits a crime, although by the complete
JUSTIFYING EXEMPTING
absence of any of the conditions which constitute free WHO/WHAT Act Actor
will or voluntariness of the act, no criminal liability arise. IS AFFECTED
(Guevara) There is, therefore, a crime, but no criminal. NATURE OF Act is Act is wrongful but
ACT considered legalactor is not liable
There is complete absence of voluntariness (i.e., EXISTENCE None Yes, but since
intelligence, freedom of action, or intent), or absence of OF A CRIME voluntariness is
negligence on the part of the accused. absent the actor is
not liable
The burden of proof to prove the existence of an LIABILITY No crime No There is a crime No
exempting circumstance lies within the defense. criminal No criminal No
criminal liability criminal liability
OUTLINING THE BASES OF EXEMPTING No civil liability There is civil
CIRCUMSTANCES EXCEPT civil liability EXCEPT as
liability in Art. to Art. 12(4) [injury
BASES OF CIRCUMSTANCES THE EXEMPTING 11(4) [state of by mere accident]
Par. 1 (imbecility or insanity) Complete absence of necessity] and (7) [lawful
intelligence cause]
Par.2 (minor under nine Complete absence of 2. IMBECILITY OR INSANITY (PAR. 1)
years) intelligence
Par. 3 (minor over nine and Complete absence of IMBECILITY exists when a person, while of advanced age,
under fifteen years) intelligence has a mental development comparable to that of
Par. 4 (accident) Lack of intent and lack children between 2 and 7 years old. An imbecile is one
who is deprived completely of reason or discernment
and freedom of the will at the time of committing the
crime. He is exempt in all cases from criminal liability.
3 An acronym.

INSANITY exists when there is complete deprivation of

intelligence or reason or without the least discernment
or with total deprivation of free will. This does not
include mere

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 CENTRAL BAR
abnormality of the mental faculties. The insane is not so OPERATIONS 2014
exempt if it can be shown that he acted during a lucid
The evidence of insanity must refer to the time
interval.
preceding the act under the prosecution or to the very
It is necessary that there be a complete deprivation of moment of its execution.
intelligence while committing the act, that is, that the
accused be deprived of reason; that he acts without the Tests of Insanity:
least discernment; or that there be a total deprivation of a. Cognition: complete deprivation of intelligence
freedom of the will. People v. Formigones, [G.R. No. L- in committing the crime.
3246, November 29, 1950] b. Volition: total deprivation of freedom of will.
The defense must prove that the accused was insane at Scope of the term "Insanity":
the time of the commission of the crime, because the
presumption is always in favor of sanity. People v. a. Dementia praecox: irresistible homicidal
Bascos, [G.R. No. L-19605, December 19, 1922] impulse;
b. Schizophrenia: chronic mental disorder
Basis: Complete absence of intelligence, an element of characterized by inability to distinguish
voluntariness between fantasy and reality and often
accompanied by hallucinations and delusions;
TIME WHEN ACCUSED EFFECT ON CRIMINAL
SUFFERS INSANITY LIABILITY c. Kleptomania only if it produces an irresistible
At the time of the Exempt from criminal impulse to steal as when the accused has been
commission of the felony liability deprived of his will which would enable him to
During trial Accused is criminally liable, prevent himself from doing this act.4;
but trial will be suspended d. Epilepsy: chronic nervous disease characterized
until the mental capacity of by fits, occurring at intervals, attended by
the accused be restored to
conclusive motions of the muscles and loss of
afford him a fair trial; and
accused is committed to a consciousness;
hospital e. Feeblemindedness: not exempting;
After judgment or while Execution of judgment is f. Pedophilia: not insanity-,
serving sentence suspended, the accused is g. Amnesia: not proof of mental condition of the
committed to a hospital. accused;
The period of confinement h. Other causes of lack of intelligence
in the hospital is
--------------------------------------------------------------------------
4 If it only diminishes the exercise of his will-power, it is not an
exempting circumstance but a mitigating circumstance.

counted for the purpose of the

prescription of the penalty.

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ATENEO LAW

a. Committing a crime while in a dream People v. FULL RESPONSIBILITY (adolescence) to 70

Taneo, [G.R. No. L-37673, March 31, 1933]; (maturity)
b. Somnambulism or sleepwalking People v. AGE OF MITIGATED Over 9 and under 15,
Gimena,[G.R. No. L-40203, February 16, 1934]; and RESPONSIBILITY offender acting with
discernment but now
c. Committing a crime while suffering from malignant
under RA 9344, 15 or over
malaria People v. Lacena, [G.R. No. 109250, but less than 18; over 70
September 5, 1997]. years of age

3. MINORITY (PAR. 2 AND 3)

Compare Intent v. Discernment
Basis: Complete absence of intelligence
INTENT DISCERNMENT
"Under nine (9) years" should be construed as "-nine Products of the mental processes within a person
years or less;" as may be inferred from the subsequent Refers to the desired act Relates to the moral
paragraph which does not totally exempt a person "over of the person significance that a person
nine years of age" if he acted with discernment (Art. 189, ascribes to the act
P.D. 603). Under the Juvenile Justice and Welfare Act,
minors 15 and under are exempted by law from criminal
4. ACCIDENT WITHOUT FAULT OR INTENTION OF
liability
CAUSING IT (PAR. 4)
PLEASE SEE JUVENILE JUSTICE AND WELFARE ACT OF
ACCIDENT is an occurrence that happens outside the
2006 (RA 9344) AND CHILD AND YOUTH WELFARE CODE,
sway of our will, and although it comes about through
SPL REVIEWER for a more detailed discussion on the
some act of our will, it lies beyond the bounds of
effects of minority on criminal liability.
humanity foreseeable consequences.
PERIOD OF CRIMINAL RESPONSIBILITY
ELEMENTS:
PERIODS OF CRIMINAL RESPONSIBILITY
a. A person is performing a lawful act;
AGE OF ABSOLUTE 9 years and below
IRRESPONSIBILITY (infancy)but now 15 and b. With due care;
below under RA 9344 c. He causes an injury to another by mere
AGE OF CONDITIONAL Between 9 and 15 years accident; and
RESPONSIBILITY but now between 15-18 d. Without fault or intention of causing it.
under RA 9344
AGE OF 18 or over Basis: Lack of negligence and intent. Under this
circumstance, a person does not commit either an
intentional felony or a culpable felony.

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COMPARE ACCIDENT V. NEGLIGENCE [G.R. No. 54414, July 9, 1984], citing People v. Villanueva,
[G.R. No. L-9529, August 30, 1958]
ACCIDENT NEGLIGENCE
An event which under the Failure to observe that 6. UNCONTROLLABLE FEAR (PAR. 6)
circumstance is unusual or degree of care, precaution
unexpected by the person and vigilance which the UNCONTROLLABLE FEAR means that the offender
to whom it happens circumstances justly employs intimidation or threat in compelling another to
demand without which commit a crime. The compulsion is by means of
such other person suffers
intimidation or threat, not force or violence.
injury
When claim of accident not appreciated: ELEMENTS:
a. Repeated blows; and a. The threat which causes the fear is of an evil
b. Threatening words preceding it and still aiming greater than, or at least equal to, that which he is
the fun at the prostate body of the victim. required to commit; and
b. It promises an evil of such gravity and imminence
5. IRRESISTIBLE FORCE (PAR.5)
that an ordinary man would have succumbed to
IRRESISTIBLE FORCE means that the offender uses it.
violence or physical force to compel another person to
REQUISITES:
commit a crime.
a. Existence of an uncontrollable fear;
ELEMENTS:
b. The fear must be real and imminent; and
a. The compulsion is by means of physical force; c. The fear of an injury is greater than or at least
b. The physical force must be irresistible; and equal to that committed.
c. The physical force must come from a third
Basis: Complete absence of freedom, an element of
person.
voluntariness. An act done by me against my will is not
Passion and obfuscation cannot amount to irresistible my act.
force.
Duress to be a valid defense should be based on real,
Basis: Complete absence of freedom imminent or reasonable fear for one's life or limb. It
should not be inspired by speculative, fanciful or remote
The force must be so irresistible as to reduce the actor to fear. A threat of future injury is not enough.
a mere instrument who acts not only without will but
against his will. The compulsion must be of such a The accused must not have opportunity for escape or
character as to leave no opportunity to the accused for self-defense.
escape or self-defense in equal combat. People v. Loren,

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COMPARE IRRESISTIBLE FORCE V. MITIGATING CIRCUMSTANCES are those which,
UNCONTROLLABLE FEAR if present in the commission of the crime, reduces
the penalty of the crime but does not erase criminal
IRRESISTIBLE UNCONTROLLABLE liability nor change the nature of the crime.
FORCE FEAR
Violence or physical The offender employs Basis: Diminution of either freedom of action,
force to compel intimidation or threat in intelligence, or intent, or on the lesser perversity of
another personal to compelling another to
the offender.
commit a crime commit a crime
A mitigating circumstance arising from a single fact
7. PREVENTED BY AN INSUPERABLE CAUSE absorbs all the other mitigating circumstances
(PAR. 7) arising from that same fact.

INSUPERABLE CAUSE is some motive, which has COMPARE ORDINARY V. PRIVILEGED

lawfully, morally or physically prevented a person to MITIGATING CIRCUMSTANCES
do what the law commands.
ORDINARY PRIVILEGED
ELEMENTS: Those enumerated in Par. 1 of Article 13
pars. 1-10 of Article 13 Articles 64, 68, 69
a. An act is required by law to be done; Pars. 1 and 2 are Article 64 applies only
privileged mitigating when there are two or
b. A person fails to perform such act; and
under Article 68 as more mitigating
c. His failure to perform such act was due amended by R.A. No. circumstances without
to some lawful or insuperable cause. 9344 and Article 69 any generic aggravating
circumstances
Basis: Accused acts without intent, the third Susceptible of being Cannot be offset by
condition of voluntariness in intentional felony. offset by any aggravating
aggravating circumstances
Examples: circumstance
If not offset by an Produce the effect of
a. A priest cannot be compelled to reveal what aggravating imposing upon the
was confessed to him. circumstance, produces offender the penalty
b. An officer is not liable for arbitrary detention only the effect of lower by one or two
for failure to deliver a prisoner to a judicial applying the penalty degrees than that
authority when there was no available provided by the law for provided by law for the
transportation. the crime in its minimum crime
period, in case of
(D) MITIGATING CIRCUMSTANCES divisible penalty

1. GENERAL CONCEPTS

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2. INCOMPLETE JUSTIFYING OR EXEMPTING
CIRCUMSTANCES (PAR. 1)
Circumstances of Justification or Exemption
which may give Place to Mitigation:
a. Self-defense;
b. Defense of Relatives;
c. Defense of Strangers;
d. State of Necessity;
e. Performance of Duty;
f. Obedience to Order of Superior;
g. Minority over 9 and under 15 years of
Age5;
h. Causing injury by mere Accident; and
i. Uncontrollable Fear.
EXCEPT: Article 12, pars. 1 and 2 cannot give
place to mitigation, because the mental condition of
a person is indivisible; there is no middle ground
between sanity and insanity, between presence
and absence of intelligence. (Decs. Of Sup. Ct. of
Spain of December 11, 1901 and October 3, 1884)
This mitigating circumstance applies when not all
the requisites are present. If 2 requisites are
present, it is a privileged mitigating circumstance.
NOTES:
 Incomplete self-defense, defense of
relatives, and defense of stranger: unlawful
aggression must be present
o When 2 of the requisites mentioned
are present, it should be considered
as a privileged mitigating
circumstances referred to in Art. 69.
When only unlawful aggression is
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present, it may still be considered an
ordinary mitigating circumstance.
Please see Reyes, p 255.
 Incomplete justifying circumstance of
avoidance of greater evil or injury: if any of
the last 2 requisites is absent, there is only
a mitigating circumstance
 Incomplete justifying circumstance of
performance of duty: there is no ordinary
mitigating circumstance under Art.13, par. 1,
when the justifying or exempting
circumstance has 2 requisites only.
 Incomplete exempting circumstances of
accident
o If the requisites of (1) due care, and
(2) without fault are absent, the case
will fall under Article 365.
 Incomplete exempting circumstance of
uncontrollable fear: if only one of the
requisites is present, there is only a
mitigating circumstance
3. OVER 15 AND UNDER 18, IF THERE IS
DISCERNMENT OR OVER 70 YEARS OLD
(PAR.2)
Age of accused is determined by his age at the
date of commission of crime, not date of trial.
That the offender is over 70 years of age is only a
generic mitigating circumstance.
Basis: Diminution of intelligence, a condition of
voluntariness
Legal effects of various ages of the offender
a. 15 and below – exemptin
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ATENEO LAW
b. Above 15 but under 18 – exempting unless
acted with discernment. But even with
discernment, penalty is reduced by one (1)
degree lower than that imposed
c. Minor delinquent under 18 years of age
who acted with discernment – sentence
suspended
d. Child in Conflict with the Law – refers to a
child who is alleged as accused of, or
adjudged as, having committed an offense
under Philippine Laws.
e. 18 years or over – full criminal
responsibility
f. 70 years or over – mitigating, no imposition
of death penalty, if already imposed,
execution of death penalty is suspended
and commuted.
4. NO INTENTION TO COMMIT SO GRAVE A
WRONG (PAR. 3)
 Not applicable when the offender employed
brute force.
 Appreciated in murder qualified by
circumstances based on manner of
commission, not on the state of mind of the
accused.
 Not appreciated in murder qualified by
treachery
 Not applicable to felonies by negligence.
 Not applicable to felonies where intention is
immaterial.
 Applicable only to offenses resulting in
physical injuries or material harm.
 In crimes against person who do not die as a
result of the assault, the absence of the
intent to kill reduces the felony to mere
physical injuries, but it does not constitute a
mitigating circumstance under Art. 13, par. 3
People v. Galacgac, [C.A., 5 O.G. 1207]

Rule for application: This circumstance can be Basis: Intent, an element of voluntariness in
taken into account only when the facts proven show intentional felony, is diminished.
that there is a notable and evident
5.PROVOCATION OR THREAT (PAR. 4)
disproportionbetween the means employed to
execute the criminal act and its consequences. PROVOCATION is any unjust or improper
(United States v. Reyes, 36 Phil. 904, 907) conduct or act of the offended party, capable of
exciting, inciting or irritating anyone.
Factors that can be considered are:
REQUISITES:
a. Weapon used;
b. Injury inflicted; a. Provocation must be sufficient.
c. Part of the body injured; and i. Sufficient means adequate to
d. Mindset of offender at the time of excite a person to commit the
commission of crime. wrong and must accordingly be
proportionate to its gravity.
NOTES:
ii. Depends on:
 The act constituting the
provocation;
 Social standing of the
person provoked; and

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 Place and the time when the provocation is NOTES:

made.
b. It must originate from the offended  “Immediate” allows for a lapse of time, as long
party. as the offender is still suffering from the mental
c. It must be immediate to the commission agony brought about by the offense to him.
of the crime by the person who is  “Grave offense” includes any act that is
provoked. offensive to the offender or his relatives and the
same need not to be unlawful.
Compare Sufficient Provocation as an  The grave offense must be proximate cause or
Incomplete Self-Defense and Sufficient proximate to the act of the offender.
Provocation as a Mitigating Circumstance  Vindication is incompatible with passion or
obfuscation
SUFFICIENT SUFFICIENT
 The provocation should be proportionate to the
PROVOCATION AS A PROVOCATION AS A
REQUISITE OF MITIGATING damage caused by the act and adequate to stir
INCOMPLETE SELF- CIRCUMSTANCES one o its commission.
DEFENSE  Basis to determine the gravity of the offense in
It pertains to its It pertains to its presence vindication:
absence on the part of on the part of the o Social standing of the person;
the person defending offended party.
o Place; and
himself.
o Time when the insult was made

Threat should not be offensive and positively COMPARE PROVOCATION V. VINDICATION

strong. Otherwise, it would be an unlawful PROVOCATION VINDICATION
aggression, which may give rise to self-defense Made directly only to the The grave offense may
and thus no longer a mitigating circumstances. person committing the be committed also
felony against the offender’s
Basis: Diminution of intelligence and intent. relatives mentioned by
the law
6. VINDICATIONOF GRAVE OFFENSE (PAR. 5) The cause that brought The offended party
about the provocation must have done a
REQUISITES: need not be a grave grave offense
offense
a. A grave offense done to the one committing
It is necessary that the The vindication of the
the felony, his spouse, ascendants, provocation or threat grave offense may be
descendants, legitimate, natural or adopted immediately preceded proximate, which
brothers or sisters or relatives by affinity the act; there is no admits of an interval of
within the same degree; and interval of time between time between the grave
b. Felony is committed in immediate the provocation and the offense done by the
vindication of such grave offense. commission of the crime commission of the
crime by the accused

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It is mere spite against Concerns the honor  The act must be sufficient to produce such a
the one giving the of a person condition of mind.
provocation or threat  The defense must prove that the act which
produced the passion or obfuscation took
place at a time not far removed from the
commission of the crime.
Basis: Diminution of the conditions of voluntariness  The crime committed must be the result of a
sudden impulse of natural and uncontrollable
7. PASSION OR OBFUSCATION (PAR.6) fury.
 The cause producing passion or obfuscation
REQUISITES:
must come from the offended party.
a. The accused acted upon an impulse; and  It may lawfully arise from causes existing only
b. The impulse must be so powerful that it in the honest belief of the offender.
naturally produced passion or obfuscation in  It is compatible with lack of intention to commit
him. so grave a wrong.
 Incompatible with:
Rule for the application of this paragraph: o Vindication of grave offense;
Passion or obfuscation may constitute a mitigating o Treachery; and
circumstance only when the same arose from o Evident premeditation.
lawful sentiments. COMPATE PASSION/OBFUSCATION V.
WHEN MITIGATING NOT MITIGATING PROVOCATION
Accused acted upon Act is committed in a
PASSION/ PROVOCATION
impulse spirit of lawlessness
OBFUSCATION
Act is committed in a
Comes from the offender Comes from the injured
spirit of revenge
and produced by an party
impulse which may be
caused by provocation
FURTHER REQUISITES:
The offense which Must immediately
c. There be an act, both unlawful and sufficient engenders perturbation precede the commission
to produce such a condition of mind; and of mind need not be of the crime
d. Said act which produced the obfuscation immediate; it is only
was not far removed from the commission required that the
of the crime by a considerable length of influence thereof lasts
time, during which the perpetrator might until the moment the
crime is committed
recover his normal equanimity.
In both, the effect is loss of reason and self-control
NOTES: on the part of the offender
If obfuscation and provocation arose from one and
 Exercise of a right or fulfillment of duty is not the same act, both shall be treated as only one
mitigating circumstance
proper source of passion or obfuscation.
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COMPARE PASSION/OBFUSCATION V.  PERSON IN AUTHORITY is one directly
IRRESISTIBLE FORCE vested with jurisdiction, i.e., a public officer
who has the power to govern and execute
PASSION/OBFUSCATION IRRESISTIBLE the laws whether as an individual or as a
FORCE
member of some court or governmental
A mitigating circumstance An exempting
circumstance corporation, board or commission.
No physical force, hence, Requires physical  AGENT OF A PERSON IN AUTHORITY is
cannot give rise to an force a person, who, by direct provision of the
irresistible force law, or by election or by appointment by
Passion or obfuscation is in Irresistible force competent authority, is charged with the
the offender himself must come from a maintenance of public order and the
third person
protection and security of life and property
Must arise from lawful Unlawful
sentiments and person who comes to the aid of
persons in authority.
c. The surrender was voluntary.
Basis: The offender who acts with passion or It must be spontaneous in such a
obfuscation suffers a diminution of his manner that it shows the interest of
intelligence and intent. the accused to surrender
unconditionally to the authorities,
8.SURRENDER AND CONFESSION OF GUILT
either because he acknowledges his
(PAR.7)
guilt or because he wishes to save
TWO MITIGATING CIRCUMSTANCES: them the trouble and expenses
necessarily incurred in his search
1) Voluntary surrender to a person in authority and capture.
or his agents; and
2) Voluntary confession of guilt before the NOTES:
court prior to the presentation of evidence
 It is not mitigating when defendant was in
for the prosecution.
fact arrested.
NOTE: When both are present, they should have  When the warrant of arrest had not been
the effect of mitigating as two independent served or not returned unserved because
circumstances. People v. Fontable, [G.R. No. 431, the accused cannot be located, the
July 5, 1935] surrender is mitigating.
 The law does not require that the surrender
REQUISITES OF VOLUNTARY SURRENDER: be prior to the order of arrest.
 Surrender of weapons cannot be equated
a. The offender had not been actually
with voluntary surrender.
arrested;and.
b. The offender surrenders himself to a person
in authority or to the latter’s agent.

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ATENEO LAW
 Voluntary surrender does not simply mean non-
flight. It is not required that accused did not
escape or went into hiding.
 The surrender must be by reason of the
commission of the crime for which defendant is
prosecuted.
 Intention to surrender, without actually
surrendering, is not mitigating.
 There is spontaneity even if the surrender is
induced by fear of retaliation by the victim’s
relatives.
 When the offender imposed a condition or
acted with external stimulus, his surrender is
not voluntary.
REQUISITES OF VOLUNTARY PLEA OF GUILTY:
a. The offender spontaneously confessed his guilt;
b. The confession of guilt was made in open court,
that is, before the competent court that is to try
the case; and
c. The confession of guilt was made prior to the
presentation of evidence for the prosecution.
NOTES:
 Plea must be made before trial begins and at
the first instance or original state, not during a
trial de novo or when on appeal.
 Plea made after arraignment and after trial has
begun does not entitle accused to the
mitigating circumstance.
 If accused pleaded not guilty, even if during
arraignment, he is entitle to mitigating
circumstance as lonh as he withdraws his plea
of not guilty to the charge before the fiscal
could present his evidence.
CRIMINAL LAW REVIEWER
o The change of plea should be made the
first opportunity
o A conditional plea of guilty is not a
mitigating circumstance.
 Plea to a lesser a charge is not a mitigating
circumstance because the plea of guilt was not
to the charged.
 Plea to the offense charged in the amended
information, lesser than that charged in the
original information is a mitigating
circumstance.
 Where the accused pleads to a capital offense,
that court shall conduct a searching inquiry into
the voluntariness and full comprehension of the
consequences of his plea and shall require the
prosecution to prove his guilt and the precise
degree of culpability.
 Plea of guilty is not mitigating in culpable
felonies and in crimes punishable by special
laws.
Basis: Lesser perversity of the offender.
9. PHYSICAL DEFECT OF OFFENDER (PAR. 8)
NOTES:
 This is applicable when the offender is deaf and
dumb, blind, or otherwise suffering from some
physical defect, restricting his means action,
defense or communication with others.
 Physical defect must restrict means of action,
defense, or communication with fellow beings.
 The physical defect must relate to the offense
committed.
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• This paragraph does not distinguish between
educated and uneducated deaf-mute or blind
persons.
Basis: incomplete freedom of action, an element of
voluntariness, due to physical defect, which restricts
one’s means of action, defense, or communication with
one’s fellow beings.
10. ILLNESS OF THE OFFENDER (PAR. 9)
REQUISITES:
a. The illness of the offender must diminish the
exercise of his will-power; and
b. Such illness should not deprive the offender of
consciousness of his acts.
Examples:
i. Mild behavior disorder (illness of nerves or moral
faculty);
ii. Acute neurosis making a person ill-tempered
and easily angered;
iii. Feeblemindedness (may be considered under
par. 8);
iv. One with obsession that witches are to be
eliminated akin to one with morbid infirmity but
still retaining unconsciousness; and
v. Schizo-affective disorder or psychosis.
Basis: Diminution of intelligence and intent.
11. SIMILAR OR ANALOGOUS CIRCUMSTANCES
(PAR. 10)
Examples:
a. Outraged feeling of owner of animal taken for
ransom analogous to vindication of a grave
offense;
b. Impulse of jealous feeling, similar to passion and
obfuscation;
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c. Manifestation of Battered Wife Syndrome,
analogous to an illness that diminishes the
exercise of will power;
d. Espirit de corpe, similar to passion and
obfuscation;
e. Voluntary restitution of stolen property, similar to
voluntary surrender;
f. Extreme poverty and necessity, similar to
incomplete justification based on state of
necessity; and
g. Testifying for the prosecution, analogous to plea
of guilty.
NOTE: Mitigating circumstances which arise (1) from the
moral attributes of the offender, or (2) from his private
relations with the offended party, or (3) from any other
personal cause, shall only serve to mitigate the liability of
the principals, accomplices, and accessories as to whom
such circumstances are attendant. (Art. 62, par. 3)
Circumstances which are Neither Exempting nor
Mitigating:
a. Mistake in the blow or aberration ictus;
b. Mistake in the identity;
c. Entrapment;
d. Accused is over 18 years of age; and
e. Performance of righteous action.
(E) AGGRAVATING CIRCUMSTANCES.
1. GENERAL CONCEPTS
AGGRAVATING CIRCUMSTANCES are those which, if
attendant in the commission of the crime, serve to
increase the penalty imposed in its maximum period
provided by law for the offense or those that change the
nature of the crime.
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ATENEO LAW
Basis: The greater perversity of the offender manifested
in the commission of the felony as shown by:
a. The motivating power itself;
b. The place of the commission;
c. The means and ways employed;
d. The time; or
e. The personal circumstances of the offender, or
the offended party.
KINDS OF AGGRAVATING CIRUMSTANCES:
a. Generic: Applies to all crimes
i. Advantage taken of public position;
ii. Contempt or insult of public authority;
iii. Crimes committed in the dwelling of the
offended party;
iv. Abuse of confidence or obvious
ungratefulness;
v. Where crime is committed in palace of
Chief Executive, in his presence, where
public authorities are engaged, or in a
place for religious worship;
vi. Nighttime, uninhabited place, or band;
vii. Recidivism;
viii. Reiteracion or Habituality;
ix. Craft, fraud or disguise;
x. Unlawful entry;
xi. Breaking of wall, roof, floor, door, or
window; and
xii. Use of persons under 15 years of age.
CRIMINAL LAW REVIEWER
b. Specific: Apply only to particular crimes
i. Disregard of rank, age, or sex due the
offended party in crimes against
persons and honor;
ii. Abuse of superior strength or means be
employed to weaken the defense;
iii. Treachery in crimes against persons;
iv. Ignominy in crimes against chastity;
v. Cruelty in crimes against persons; and
vi. Use of unlicensed firearm in the murder
or homicide committed this is absorbed
in rebellion, insurrection, sedition, and
attempted coup d’état (R.A. No. 8294.)
c. Qualifying: Change the nature of the crime
i. Alevosia(treachery) or evident
premeditation qualifies the killing of a
person to murder.
ii. Art. 248 enumerates the qualifying
aggravating circumstances which
qualify the killing of a person to murder.
d. Inherent: Must of necessity accompany the
commission of the crime
i. Evident premeditation in robbery, theft,
estafa, adultery and concubinage;
ii. Abuse of public office in bribery;
iii. Breaking of a wall or unlawful entry into
a house in robbery with the use of force
upon things;
iv. Fraud in estafa;
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v. Deceit in simple seduction; and
e. Special: Those which arise under special INHERENT Those that must of necessity
conditions to increase the penalty of the accompany the commission of
offense and cannot be offset by mitigating the crime (Article 62,
circumstance paragraph 2)
i. Quasi-recidivism;
ii. Complex crimes; Evident premeditation is
iii. Error in personae; inherent in robbery, theft
iv. Taking advantage of public position and estafa, adultery and
concubinage.
membership in an organized/s
syndicated crime group (Ar. 61, par.
1(a)); and BASES OF THE AGGRAVATING
v. Use of unlicensed firearm in homicide CIRCUMSTANCES
or murder. Par. 1 (advantage Greater perversity of the
taken of public offender (as shown by
DIFFERENTIATING DIFFERENT KINDS OF AGGRAVATING position) the personal
CIRCUMSTANCES circumstances of the
offender and the means
KINDS OF AGGRAVATING CIRCUMSTANCES to secure the
GENERIC Those that can generally apply commission of the crime)
to crimes Par. 2 (contempt or Greater perversity of the
insult to public offender (as shown by
Includes paragraphs 1,2,3 authorities) his lack of respect for the
(dwelling), public authorities)
4,5,6,7,8,9,10,11,14,18,19 and Par. 3 (disregard of Greater perversity of the
20, except by “means of motor rank, age, sex or offender (as shown by
vehicles” dwelling of offended the personal
SPECIFIC Those that apply only to party) circumstances of the
particular crimes (i.e. ignominy offended party and the
in crimes against chastity or place of the commission
cruelty and treachery in crimes of the crime)
against persons) Par. 4 (abuse of Greater perversity of the
confidence and offender (as shown by
Includes paragraph 3 (except obvious the means and ways
dwelling), 15,16,17 and 21 ungratefulness) employed)
QUALIFYING Those that change the nature Par. 5 (place and Greater perversity of the
of the crime (i.e. alevosia or places of commission commission of the crime
evident premeditation qualifies of offense) and means and ways
the killing of a person to employed
murder) Article 248 Par. 6 (nighttime Time of the commission
enumerates the qualifying uninhabited place or of the crime
aggravating circumstances band)
which qualify the killing of a Par. 7 (on occasion of
person to murder

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ATENEO LAW
Calamity or misfortune)
Par. 8 (aid of armed men,
etc.)
Par. 9 (recidivist)
Par. 10 (reiteracion or
habituality)
Par. 11 (price reward or
promise)
Par. 12 (by means of
inundation, fire, etc.,)
Par. 13 (evident
premeditation)
Par. 14 (craft fraud or
disguise)
Par. 15 (superior strength
or means to weaken
defense)
Par. 16 (treachery)
Par. 17 (ignominy)
Par. 18 (unlawful entry)
Par 19 (breaking wall)
Par. 20 (aid of minor or by
means of motor vehicles)
Par. 21 (cruelty)
CRIMINAL LAW REVIEWER
Means and ways of RULES ON AGGRAVATING CIRCUMSTANCES:
committing the crime
Greater perversity of the
offender (as shown by his
inclination to crimes)
Greater perversity of the
offender (as shown by his
inclination to crimes)
Greater perversity of the
offender (as shown by
the motivating power
itself)
Means and ways
employed
Ways of committing the
crime (implies a
deliberate planning of
the act before executing
it)
Means employed in the
commission of the crime
Means employed in the
commission of the crime
Means and ways in the
commission of the crime
Means employed
Means and ways
employed to commit the
crime
Means and ways
employed to commit the
crime
Means and ways
employed to commit the
crime
Ways employed in
committing the crime
a. Aggravating circumstances shall NOT be
appreciated if:
i. They constitute a crime specially
punishable by law, or
ii. It is included by the law in defining a crime
and prescribing the penalty therefore. (Art.
62, par. 1)
Example: “That the crime be committed by
means of … fire, explosion” (Art. 14, par. 12)
is in itself a crime of arson (Art.321) or
crime involving destruction (Art. 324).
b. It shall also NOT be appreciated if any
aggravating circumstance is inherent in the
crime to such a degree that it must of necessity
accompany the commission thereof. (Art. 62,
par. 2)
c. Aggravating circumstances which arise:
i. From the moral attributes of the
offender;
ii. From his private relations with the
offended party; or
iii. From any personal cause
 Shall only serve to aggravate the
liability of the principals, accomplices
and accessories, to whom such
circumstances are attendant. (Art. 62,
par. 3).
 EXCEPTION: When there is proof of
conspiracy in which case the act of
one deemed to be the act of all,
regardless of lack of knowledge of the
facts constituting the circumstance.
(Art. 62, par. 4).
d. Aggravating circumstance, regardless of its kind,
should be specifically alleged in the information
AND proved as fully as the crime itself in order
to increase the
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Penalty. (Sec. 9, Rule 110, 2000 Rules of Criminal
Procedure)
e. When there is no more than one qualifying
aggravating circumstance present, one of them
will be appreciated as qualifying aggravating
while the others will be considered as generic
aggravating.
2. ADVANTAGE BE TAKEN BY THE OFFENDER OF HIS
PUBLIC POSITON (PAR. 1)
Basis: greater perversity of the offender as shown by
the personal circumstances of the offender and also by
the means used to secure the commission of the crime.
Notes:
 Applicable only when the offender is a public
officer who takes advantage of his public
position.
 The public officer must use the influence,
prestige or ascendancy which his office gives
him as the means by which he realizes his
purpose.
 It is not aggravating if accused could have
perpetrated the crime without occupying police
position.
 It is inherent in the case of accessories under
Art. 19, par. 3, and the crimes committed by
public officers.
 R.A. 7659 provides that crimes committed by a
public officer will be given the penalty
prescribed at its maximum, regardless of the
nature and number of mitigating circumstances.
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3. THE CRIME BE COMMITTED IN CONTEMPT OF OR
WITH INSULT TO THE PUBLIC AUTHORITIES (PAR. 2)
Basis: Greater perversity of the offender, as shown by
his lack of respect for the public authorities.
REQUISITES:
a. The public authority is engaged in the exercise
of his functions;
b. Such public authority is not the person against
whom the crime is committed;
c. The offender knows him to be a public
authority; and
d. His presence has not prevented the offender
from committing the criminal act.
A PUBLIC AUTHORITY is a public officer who is directly
vested with jurisdiction and has a power to govern and
execute the laws.
An AGENT OF A PERSON OS AUTHORITY is 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.
NOTE:
 Teachers or professors of a public or recognized
private school and lawyers are not “public
authority” within the contemplation of this
paragraph.
 Art. 14, par. 2 does not apply when the crime is
committed in the presence of an agent only.
 If the crime is committed against a public
authority while he is in the performance of his
official duty, the offender commits
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ATENEO LAW
Direct assault without this aggravating circumstance.
 Knowledge that a public authority is present is
essential. Lack of knowledge on the part of the
offender that a public that a public authority is
present indicates lack of intention to insult the
public authority.
4. THE ACT BE COMMITTED (PAR. 3)
a. With insult or in disregard of the respect due
the offended party on the account of his rank,
age, or sex, or
b. In the dwelling of the offended party, if the
latter has not given provocation.
Basis: Greater perversity of the offender, as shown by
the personal circumstances of the offended party and
the place of the commission of the crime.
RANK is the designation or title of distinction used to fix
the relative position of the offended party in reference
to others.
 There must be a difference in the social
condition of the offender and the offended
party.
 Proof of fact of disregard and deliberate intent
to insult required.
AGE may refer to old age or the tender age of the
victim.
 The circumstance of lack of respect due to age
applies in cases where the victim is of tender
age as of old age.
 Deliberate intent to offend or insult required.
 Disregard of old age not aggravating in robbery
with homicide
CRIMINAL LAW REVIEWER
SEX refers to the female sex, not to the male sex.
 Disregard of sex is not aggravating in the
absence of evidence that the accused
deliberately intended to offend or insult the sex
of the victim or showed manifest disrespect to
her womanhood.
 Absorbed in treachery.
NOTES
 The 4 circumstances can be considered can be
considered single or together. If all the four
circumstances are present, they have the
weight of one aggravating circumstance only.
 Disregard of rank, age, or sex, maybe taken into
an account only in crimes against persons or
honor.
 There must be evidence that in the commission
of the crime, the accused deliberately intended
to offend or insult the sex or age of the
offended party.
When not applicable:
a. Offender acted with passion and obfuscation;
b. There exists a relationship between the
offended party and the offender; and
c. The condition of being a woman is
indispensable in the commission of the crime.
DWELLING must be a building or structure exclusively
used for rest and comfort; a combination of house and
store is not included. It includes dependencies, the foot
of the staircase and the enclosure under the house.
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 Includes dependencies, the foot of the staircase
and enclosure under the house.
 It requires that the crime be wholly or partly be
committed therein or in any integral part
thereof.
 Dwelling does not mean the permanent
residence or domicile of the offended party or
that he must be the owner thereof. He may be
actually living therein even for a temporary
duration or as a quest.
 It is not necessary that the accused should have
actually entered the dwelling of the victims; it is
enough that the victim was attacked inside his
house, although the assailant may have devised
means to perpetrate the assault from without.
 Even if the killing took place outside the
dwelling, it is aggravating provided that the
commission of the crime was begun in the
dwelling.
 Dwelling is not included in the qualifying
circumstance of treachery.
Bases for aggravating circumstance of dwelling:
 The abuse of confidence which the offended
partly reposed in the offender by opening the
door to him; or
 The violation of the sanctity of the home by
trespassing therein with violence or against the
will of the owner.
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NOTES
 Offended party must not give provocation.
 Meaning of provocation in the aggravating
circumstance:
o Given by the owner of the dwelling;
o Sufficient; and
o Immediate to the commission of the
crime.
o Note: If all these conditions of the
present, the fact that the crime is
committed in the dwelling of the
offended party is NOT an aggravating
circumstance.
o Rationale: When it is the offended
party who was provoked the incident,
he loses his right to the respect and
consideration due him in his own
house.
 There must be close relation between
provocation and commission of the crime in the
dwelling.
Dwelling is not aggravating in the following cases:
a. When both the offender and the offended party
are occupants of the same house.
EXCEPTION: In case of adultery in the conjugal
dwelling, the same is aggravating. However, if
the paramour also dwells in the conjugal
dwelling, the applicable aggravating
circumstance is abuse of confidence.
b. When robbery is committed by the use of force
upon things, dwelling is not aggravating
because it is inherent.
EXCEPTION: Dwelling is aggravating in robbery
with violence against or intimidation of persons
because this class of robbery can be committed
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Without the necessity of trespassing of the offended
party’s house.
c. In the crime of trespass to dwelling, it is
inherent or included by law in defining the
crime.
d. When the owner of the dwelling gave sufficient
and immediate provocation.
e. The victim is not a dweller of the house.
5. THE ACT BE COMMITTED WITH ABUSE OF
CONFIDENCE OR OBVIOUS UNGRATEFULNESS (PAR. 4)
Basis: Greater perversity of the offender, as shown by
the means and ways employed.
There are 2 aggravating circumstances present under
par. 4, which must be independently appreciated if
present in the same case.
Abuse of confidence requires a special confidential
relationship between the offender and the victim, while
this is not required for there to be obvious
ungratefulness
REQUISITES OF ABUSE OF CONFIDENCE:
a. That the offended party had trusted the
offender;
b. That the offender abused such trust by
committing a crime against the offended party;
and
c. That the abuse of confidence facilitated the
commission of the crime.
CRIMINAL LAW REVIEWER
NOTES:
 The confidence between the offender and the
offended party must be immediate and
personal.
o Abuse of confidence is inherent in
malversation, qualified theft, estafa, by
conversation or misappropriation, and
qualified seduction.
 It is not a mere betrayal of trust, since the
offended party must be the one who actually
reposed his confidence in the offender.
REQUISITES OF OBVIOUS UNGRATEFULNESS:
a. That the offended party had trusted the
offender;
b. That the offender abused such trust by
committing a crime against the offended party;
and
c. That the act be committed with obvious
ungratefulness.
NOTE:
The ungratefulness contemplated by par. 4
must be such clear and manifested ingratitude on the
part of the accused.
6. THE CRIME BE COMMITTED (PAR. 5)
a. In the palace of the Chief Executive, or
b. In his presence, or
c. Where public authorities are engaged in the
discharge of their duties, or
d. In a place dedicated to religious worship.
Basis: Greater perversity of the offender, as shown by
the place of the commission of the crime, which must
be respected.
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NOTES:  Cemeteries are not considered as place
 Actual performance of duties is not necessary dedicated to worship.
when crime is committed in the palace or in the
presence of the Chief Executive. PAR. 5: WHERE PUBLIC PAR. 2: CONTEMPT OR
 Requisites regarding Public Authorities: AUTHORITIES ARE INSULT TO PUBLIC
o Crime occurred in the public office; and ENGAGED IN THE AUTHORITIES
o Public authorities are actually DISCHARGE OF THEIR
performing their public duties. DUTIES
 Except for third which requires that official Public authorities are in the performance of their
functions are being performed at the time of duties.
the commission of the crime, the other places Place where public duty is performed
are aggravating per se even if no official duties In their office Outside of their office
or acts of religious worship are being conducted Offended Party
there. May or may not be the Public authority should
 Requisites regarding Place Dedicated to public authority not be the offended party;
Religious Worship: the crime is merely
o The crime occurred in a place dedicated committed in his presence
to the worship of God regardless of
religion; 7. THE CRIME BE COMMITTED (PAR. 6)
o The offender must have decided to a. In the nighttime, or
commit the crime when he entered the b. In an uninhabited place, or
place of worship; c. By a band, whenever such circumstance may
 The place must be dedicated to public religious facilitate the commission of the offense
worship; private chapels are not included;
 There must be intention to desecrate the place Basis: Time and place of the commission of the crime
dedicated to public religious worship; and and means and ways employed.
 Requisites regarding Chief Executive
o The Chief Executive need not be in the When these 3 elements are present in the same case
Palace to aggravate the liability of the and their elements can subsist independently, they shall
offender. As long as he was present, be considered separately. It is not applicable when the
and his presence is known to the mitigating circumstance of passion or obfuscation or
accused when he did the crime, there is sufficient provocation is present in the commission of
an aggravating circumstance. the crime.

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When Nighttime, Uninhabited place or Band is
aggravating:
a. When it facilitated the commission of the
crime; or
b. When especially sought for by the offender to
insure the commission of the crime or for the
purpose of impunity; or
c. When the offender took advantage thereof for
the purpose of impunity.
NIGHTTIME (obscuridad) is that period of darkness
beginning at the end of dusk and ending at dawn.
 Commission of the crime must begin and be
accomplished in the nighttime.
 When the place of the crime is illuminated by
light, nighttime is not aggravating.
 Nighttime is not especially sought for when the
notion to commit the crime was conceived of
shortly before commission or when crime when
crime is committed at night upon a casual
encounter.
 A bare statement that crime was committed at
night is insufficient. The information must allege
that nighttime was sought for or taken
advantage of, or that it facilitated the crime.
 Circumstance of nocturnity, although not
specially sought for, shall aggravate criminal
liability if it facilitated the commission of the
offense or the offender took advantage of the
same to commit the crime.
CRIMINAL LAW REVIEWER
GENERAL RULE: Nighttime is absorbed in treachery.
EXCEPTION: Where both the treacherous mode of
attack and nocturnity were deliberately decided upon in
the same case, they can be considered separately if
such circumstances have different factual bases.
UNINHABITED PLACE (despoblado) is one where there
are no houses at all, or a place at a considerable
distance from town, where the houses are scattered at
a great distance from each other.
 Solitude must be sought to better attain the
criminal purpose – an easy and uninterrupted
accomplishment or insure concealment.
 What should be considered is whether in the
place of the commission of the offense, there
was a reasonable possibility of the victim
receiving some help.
BAND (encuadrilla) refers to a situation where there are
more than 3 armed malefactors that shall have acted
together in the commission of an offense.
 There must be 4 more armed men.
 The armed persons contemplated must all be
principals by direct participation who acted
together in the execution of the acts
constituting the crime; in this case, conspiracy is
presumed.
 If one of the four-armed male factors is a
principal by inducement, they do not form a
band because he had no direct participation.
 “By a band” is aggravating in crimes against
property or against persons or
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In the crime of illegal detention or treason but
does not apply to crimes against chastity.
 This is inherent in brigandage.
 This is absorbed in the circumstance of abuse of
superior strength and use of firearms EXCEPT
when the firearm has no license or there is a
lack of license or there is lack of license to carry
the firearm.
 When the armed men met up casually with
others, and a crime was thereafter committed
as an aggravating circumstance.
8. THE CRIME BE COMMITTED ON THE OCCASION OF A
CONFLAGRATION, SHIPWRECK, EARTHQUAKE,
EPIDEMIC OR OTHER CALAMITY OR MISFORTUNE
(PAR. 7)
Basis: Time of the commission of the crime.
Reason for the aggravation: Debased form of
criminality met in one who, in the midst of a great
calamity, instead of lending aid to the afflicted, adds to
their suffering by taking advantage of their misfortune
to despoil them.
REQUISITES:
a. The crime was committed when there was a
calamity or misfortune similar to conflagration,
shipwreck, earthquake or epidemic; and
b. The offender took advantage of the state of
conclusion or chaotic condition from such
misfortune.
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NOTES:
 This will not apply if the offender was provoked
by the offended party during the
calamity/misfortune.
 The offender must take advantage of the
calamity or misfortune.
9. THE CRIME BE COMMITTED WITH THE AID OF (PAR.
8) :
1. Armed men, or
2. Persons who insure or afford impunity
Basis: Means and ways of committing the crime.
REQUISITES:
a. That armed men or persons took part in the
commission of the crime, directly or indirectly;
and
b. That the accused availed himself of their aid or
relied upon them when the crime was
committed.
Rule for the application of the circumstance: The
casual presence of armed men near the place where the
crime was committed does not constitute an
aggravating circumstance when it appears that the
accused did not avail of their aid or rely upon them to
commit the crime.
NOTES:
 The aggravating circumstance requires that the
armed men are accomplices who take part in a
minor capacity directly or indirectly, and not
when they were merely present at the crime
scene.
 If there are four armed men, aid of armed men
is absorbed in employment of a
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ATENEO LAW
Band. If there are three armed men or less, aid
of armed men may be the aggravating circumstance.
 It shall not be considered when both the
attacking party and the party attacked were
equally armed.
 It is not present when the accused as well as
those who cooperated with him in the
commission of the crime acted under the same
plan and for the same purpose.
 Mere moral or psychological aid or reliance is
sufficient to constitute this aggravating
circumstance.
COMPARE BY A BAND V. WITH THE AID OF ARMED
MEN
PAR. 6: BY A BAND PAR. 8: WITH THE AID OF
ARMED MEN
As to Number
Requires more than three At least two
armed malefactors
As to Action
More than three armed Present even if one of the
malefactors shall have offenders merely relied
acted together in the on their aid; actual aid is
commission of an offense. not necessary.
As to Liability
Band members are all Armed men are mere
principals accomplices
10. THE ACCUSED IS RECIDIVIST (PAR. 9)
Basis: Greater perversity of the offender, as shown by
his inclination to crimes.
A RECIDIVIST is one who at the time of his trial for one
crime, shall have been previously convicted by final
CRIMINAL LAW REVIEWER
judgment of another crime embraced in the same title
of the RPC.
A recidivist is entitled to the benefits of the
Indeterminate Sentence Law but is disqualified from
availing credit of his preventive imprisonment.
REQUISITES:
a. That the offender is on trial for an offense;
b. That he was previously convicted by final
judgment of another crime;
c. That both the first and the second offenses are
embraced in the same title of the Code; and
d. That the offender is convicted of the new
offense.
“At the time of his trial for one crime”
 It is employed in its general sense including the
rendering of the judgment. It is meant to
include everything that is done in the course of
the trial, from arraignment until after sentence
is announced by the judge in open court.
 It is sufficient that the succeeding offense be
committed after the commission of the
preceding offense provided that at the time of
his trial for the second offense, the accused had
already been convicted of the first offense.
 Amnesty extinguishes the penalty and its
effects.
 Pardon does not obliterate the fact that the
accused is a recidivist. Thus, even if the accused
was granted a pardon for the first offense but
he commit another felony embraced in the
same title of the Code, the first conviction is still
counted to make him a recidivist
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 Being an ordinary aggravating circumstance,
recidivism affects only the periods of a penalty,
EXCEPT in prostitution and gambling (PD 1602)
wherein recidivism increases the penalties by
degrees. No other generic aggravating
circumstance produces produce this effect.
 If both offenses were committed on the same
date, they shall be considered as only one,
hence, they cannot be separately counted in
order to constitute recidivism. Judgment of
conviction handed down on the same day shall
be considered as only one conviction.
o Rationale: Because the RPC requires
that to be considered as separate
convictions, at the time of his trial for
one crime the accused shall have been
previously convicted by final judgment
of the other.
 To prove recidivism, it is necessary to allege the
same in the information and to attach thereto a
certified copy of the sentence thereto a
certified copy of the sentence rendered against
the accused.
 Recidivism must be taken into account no
matter how many years have intervened
between the first and second felonies.
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Requisites of ReiteracionorHabituality:
a. That the accused is on trial for an offense;
b. That he previously served sentence for another
offense to which the law attaches an
i. Equal; or
ii. Greater penalty; or
iii. For two or more crimes to which it
attaches a lighter penalty than that for
the new offense; and
iv. That he is convicted of the new offense.
NOTES:
 Quasi-recidivism cannot at the same time
constitute reiteracion since the former exists
before accused begins to serve sentence or
while serving the same while the latter exists
after accused has duty served sentence, hence
this aggravating circumstance cannot apply to a
quasi-recidivist.
 If the same set of facts constitutes recidivism
and reiteracion, the liability of the accused
should be aggravated by recidivism which can
easily be proven.
 The court must exercise its discretion in
applying this aggravating circumstance in favor
of the accused.

11. THE OFFENDER HAS BEEN PREVIOUSLY PUNISHED:

(PAR. 10) FORMS OF REPETITION
a. For an offense to which the law RECIDIVISM Generic aggravating
attaches an equal or greater penalty or circumstance (Par. 9, Art. 14)
b. For two or more crimes to which it REITERACION OR Generic aggravating
attaches a lighter penalty HABITUALITY circumstance (Par. 10, Art.
14)
MULTI-RECIDIVISM OR Extraordinary aggravating
HABITUAL DELINQUENCY circumstance (Par. 5, Art. 62)
Basis: Greater perversity of the offender as shown by QUASI-RECIDIVISM Special aggravating
his inclination to crimes. circumstance

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ATENEO LAW
(Art. 160)
12. THE CRIME BE COMMITTED IN CONSIDERATION
OF A PRICE, REWARD OR PROMISE (PAR. 11)
Basis: Greater perversity of the offender, as shown by
the motivating power itself.
REQUISITES:
a. There are at least two principals:
i. The principal by inducement (one who
offers); and
ii. The principal by direct participation
(accepts);
b. The price, reward, or promise should be
previous to and in consideration of the
commission of the criminal act.
NOTES:
 The circumstance is applicable to both
principals. It affects the person who received the
price/reward as well as the person who gave it
as a qualifying circumstance, if applicable (e.g.
murder).
 If without previous promise, it was given
voluntarily after the crime had been committed
as an expression of his appreciation for the
sympathy and aid shown by the other accused,
it should not be taken into consideration for the
purpose of increasing penalty.
 The price, reward or promise need not consist of
material things or need not consist of material
things or need not be actually delivered, it being
sufficient that the offer made be accepted before
the commission of the offense.
 The inducement must be the primary
consideration for the commission of the
crime.
CRIMINAL LAW REVIEWER
13. THE CRIME BE COMMITTED BY MEANS OF:
(PAR. 11)
a. Inundation;
b. Fire;
c. Poison;
d. Explosion;
e. Stranding of a vessel or intentional damage
thereto;
f. Derailment of a locomotive; and
g. By the use of any other artifice involving
great waste and ruin.
Basis: Means and ways employed.
NOTES:
 The circumstances under this paragraph will
only be considered as aggravating when they
are used by the offender as a means to
accomplish a criminal purpose.
 When another aggravating circumstance already
qualifies the crime, any of these aggravating
circumstances shall be considered as generic
aggravating circumstance only.
 INUNDATION refers to use of water or causing
the water to flood in the commission of the
offense.
 When there is no actual design to kill a person in
burning a house, it is plain arson even if a
person is killed. Had there been intent to kill, the
crime committed is murder, qualified by the
circumstance that the crime was committed by
means of fire.
 Fire, explosion, and derailment of locomotive
may be part of the definition of a particular crime
such as arson, crime involving destruction, and
damages and obstruction to means of
communication; in this case, they do not serve
to increase the penalty.
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COMPARE BY MEANS OF INUNDATION, FIRE ETC • The premeditation must be based upon
V. ON OCCASION OF CONFLAGRATION, external acts and not presumed from
SHIPWRECK mere lapse of time;
c. A sufficient lapse of time between the
PAR. 12: BY MEANS PAR. 7: ON THE OCCASION determination and execution, to allow him to
OF INUNDATION, OF A CONFLAGRATION, reflect upon the consequences of his act and to
FIRE, ETC. SHIPWRECK, ETC.
allow his conscience to overcome the resolution
The crime is committed The crime is committed on the
by means of any such occasion of a calamity or of his will.
acts involving great misfortune. • The offender must have an opportunity to
waste or ruin. coolly and serenely think and deliberate
RULES AS TO THE USE OF FIRE: on the meaning and the consequences of
what he planned to do, an interval long
ACT OF THE ACCUSED CRIME COMMITTED enough for his conscience and better
Intent was only to burn Simple arson with a specific judgment to overcome his evil desire and
house but somebody penalty (Art. 326)
dies scheme.
If fire was used as a Murder
Essence of Premeditation: The execution of the
means to kill
If fire was used to Separate crimes of arson criminal act must be preceded by cool thought and
conceal the killing and murder/homicide reflection upon the resolution to carry out the criminal
intent during the space of time sufficient to arrive at a
calm judgment. People v. Durante, [G.R. No. L-
14. THE ACT BE COMMITTED WITH EVIDENT 31101,August 23, 1929]
PREMEDITATION (PAR. 13)
NOTES:
Basis: It has reference to the ways of committing the
crime, because evident premeditation implies a  There must be evidence showing that the accused
deliberate planning of the act before executing it. meditated and reflected on his intention between
the time when the crime was conceived by him
REQUISITES: and the time it was actually perpetrated.
 Premeditation is absorbed by reward or promise
The prosecution must prove –
only insofar as the inducer is concerned, but not
a. The time when the offender determined to the person induced since one can be a principal
commit the crime; by direct participation without the benefit of due
• Mere threat not of a direct and specific reflection.
character shows accused was  When the victim is different from that intended,
undetermined; premeditation is not aggravating. However, if the
b. An act manifestly indicating that the culprit has offender
clung to his determination; and

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ATENEO LAW
Premeditated on the killing of any person, it is Basis: Means employed in the commission of the
proper to consider against the offender the crime.
aggravating circumstance of premeditation,
because whoever is killed by him is contemplated Application of Par. 14:
in his premeditation. CRAFT (ASTUCIA): Involves intellectual trickery or
 Evident premeditation, while inherent in cunning on the part of the accused; A chicanery
robbery, may be aggravating in robbery, resorted to by the accused to aid in the execution of
may be aggravating in robbery with his criminal design. It is employed as a scheme in
homicide if the premeditation included the the execution of the crime.
killing of the victim. NOT AGGRAVATING
Effect of Conspiracy on Evident Premeditation: a. Where the unlawful scheme could have
Conspiracy Presupposes Premeditation been carried out just the same even without
GENERAL RULE: Where conspiracy is directly the pretense. People v. Aspili, [G.R. No.
established, with proof of the attendant 89418-19, November 21, 1990]
deliberation and selection of the method, time and b. Craft partakes of an element of the offense.
means of executing the crime, the existence of FRAUD (FRAUDE): insidious words or
evident premeditation can be taken for granted. machinations used to induce the victim to act in a
EXCEPTION: When conspiracy is only implied, manner which would enable the offender to carry
evident premeditation may not be appreciated, in out his design.
the absence of proof as to how and when the plan COMPARE FRAUD V. CRAFT
to kill the victim was hatched or what time had
elapsed before it was carried out. FRAUD CRAFT
There is a direct The act of the accused
Evident Premeditation not Aggravating When: inducement by insidious done in order not to
words or machinations arouse the suspicion of
GENERAL RULE: Evident premeditation may not the victim
be taken into account when the person whom the
defendant proposed to kill was different from the
one who became his victim (error in personae). DIGUISE (DIFRAZ): Resorting to any device to
conceal identity
EXCEPTION: There was a general plan to kill
anyone to commit the crime premeditated.  The fact the mask subsequently fell down
thus paving the way for this one’s
identification does not render the

15. CRAFT, FRAUD, OR DISGUISE BE

EMPLOYED (PAR. 14)

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Aggravating circumstance of disguise inapplicable.
People v. Cabato, [G.R. No. L- 37400, April 15,
1988]
 The purpose of the offender in using nay
device must be to conceal his identity.
 The test of disguise is whether the device or
contrivance resorted to by the offender was
intended to or did make identification more
difficult, such as the use of a mask or false
hair or beard.
NOTE:
 Craft and fraud may be absorbed in
treachery if they have been deliberately
adopted as the means, methods or forms
for the treacherous strategy, or forms co-
exist independently where they are adopted
for different purposes in the commission of
the crime.
 Where the accused pretended to hire the
driver in order to get his vehicle, it was held
that there was craft directed to the theft of
his vehicle, separate from the means
subsequently used to treacherously kill the
defenseless driver. People v. San Pedro,
[G.R. No. L- 44274, January 22, 1980]
16. ABUSE OF SUPERIOR STRENGTH (PAR.
15), THAT:
a. Advantage be taken of superior
strength, or
b. Means be employed to weaken the
defense
Basis: Means employed on the commission of the
crime.
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NOTE: Par. 15 contemplates two aggravating
circumstances, either of which qualifies a killing to
murder. (Art. 248)
To take advantage of superior strength means to
deliberately use excessive force that is out of
proportion to the means for self-defense
available to the person attacked. People v.
Lobrigas [G.R. No. 147649, December 17, 2002]
For abuse of superior strength, the test is the
relative strength of the offender and the victim,
whether or not he took advantage of his greater
strength.
Superior strength not taken advantage of:
 When one attacks another with passion and
obfuscation;
 When a quarrel arose unexpectedly and the
fatal blow was struck at a time when the
aggressor and his victim were engaged
against each other as man to man; and
 When attack on victim was made
alternately.
NOTES:
 There must be evidence that the accused
were physically stronger and that they
abused such superiority.
 The aggravating circumstance depends on
the age, size, and strength of the parties –
that there be notorious inequality of forces.
 Number of aggressors, if armed, may point
to abuse of superior strength.
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ATENEO LAW
 There is abuse of superior strength when
weapon used is out of proportion to the
defense available to the offended party.
 When there are several offenders
participating in the crime, they must all be
principals by direct participation and their
attack against the victim must be concerted
and intended to be so.
 Abuse of superior strength is inherent in the
crime of parricide where the husband kills
the wife. It is generally accepted that the
husband is physically stronger than the wife.
 Superior strength is absorbed and inherent
in treachery.
 Superior strength absorbs cuadrilla(band).
COMPARE AGGRAVATING CIRCUMSTANCES
OF SUPERIOR STRENGTH V. COMMITTED BY A
BAND
BY BAND SUPERIOR
STRENGTH
Committed by more Taking advantage by the
than three armed culprits of their collective
malefactors regardless strength to overpower
of the comparative their relatively weaker
strength of the victim or victim of victims.
victims.
The offender employs means that materially
weaken the resisting power of the offended party.
Examples:
a. Where one, struggling with another,
suddenly throws a cloak over the head of
his opponent then he wounds or kills him.
b. When the offender, who had the intention to
kill the victim, made the deceased
intoxicated, thereby materially weakening
the latter’s resisting power.
CRIMINAL LAW REVIEWER
NOTE:
 This circumstance is applicable only to
crimes against persons, and sometimes
crimes against persons, and property, such
as robbery with physical injuries or
homicide.
17. THE ACT BE COMMITTED WITH
TREACHERY (ALEVOSIA) (PAR. 16)
Basis: Means and ways employer in the
commission of the crime.
There is treachery when the offender commits any
of the crimes against the person, employing means,
methods or forms in the execution thereof which
tend directly and specially to insure its execution
without risk to himself arising from the defense
which the offended party might make. Treachery
means that the offended party was not given
opportunity to make a defense.
REQUISITES:
a. At the time of the attack, the victim was not
in a position to defend himself; and
b. The offender consciously adopted the
particular means, method or form of attack
employed by him.
NOTE: It is not only the relative position of the
parties but also whether or not the victim was
forewarned or afforded the opportunity to make a
defense or to ward off the attack.
Rules regarding Treachery:
 Applicable only to crimes against persons;
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 Means, method or forms need not insure
accomplishment of crime but only its
execution; and
 The mode of attack must be consciously
adopted.
NOTES:
 The characteristics and unmistakable
manifestation of treachery is the deliberate,
sudden and unexpected attack of the victim
without any warning and without giving him an
opportunity to defend himself or repel the
initial assault. All three must concur,
otherwise, there can be no treachery.
 As can be gleaned from jurisprudence, the
suddenness and unexpectedness of the
attack refers to the manner by which it is
executed and not to the formulation (which
must be deliberate or thought of by the
offender) of the manner of execution (People
v. Cadag,G.R. No. L- 13830, May 31, 1961;
People v. Tamani, Nos. L- 22160-61, Jan. 21,
1974; People v. Pajenado, No. L- 26458, Jan.
30, 1976; People v. Palencia, No. L-38957,
April 30, 1976)
However, People v. Ramolete,( No. L- 28108,
March 27, 1974) considered treachery as
aggravating even if the accused shot the
victim on his back without deliberation
because the latter was trying to escape
through the window
 Treachery is appreciated even if the crime
against the person is complexed with another
felony involving a different classification in the
Code. Thus, in the special complex crime of
robbery with homicide, treachery can be
appreciated insofar as the killing is concerned.
The law explicitly provides in Art. 297 that the
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penalty for robbery with homicide is reclusion
temporal in its maximum period to reclusion
perpetua, unless the homicide committed shall
deserve a higher penalty in the Code
 Treachery may exist even if the attack is face to
face, where it appears that the attack was not
preceded by a dispute and the offended party
was unable to prepare himself for his defense.
 Attack from behind is not always treachery –
must appear that such mode of attack was
consciously adopted and the question of risk to
offender he taken into account.
 General rule: Treachery must be proved by
clear and convincing evidence and cannot be
presumed. Exception: Treachery applies in the
killing of a child even if the manner of attack is
not shown.
 The mode of attack must be consciously
adopted.
o The accused must make some
preparation to kill the deceased in such a
manner as to insure the execution of the
crime or to make it impossible or hard for
the person attacked to defend himself or
retaliate.
o The mode of attack must be thought of by
the offender, and must not spring from
unexpected turn of events.
When must Treachery be Present:
 When the aggression is continuous,
treachery must be present in the beginning
of the assault.
o Example. Even if the deceased was
shot while he was lying wounded on
the ground, it appearing that the
firing of the shot was a mere
continuation of
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ATENEO LAW
The assault in which the deceased was wounded, b. Craft;
with no appreciable time intervening between the c. Employing means to weaken the defense;
delivery of the blows and the firing of the shot, it d. Cuadrilla (“band”);
cannot be said that the crime was attended by e. Aid or armed men; and
treachery. f. Nightime.

 When the assault was not continuous, in  Treachery cannot co-exist with passion or
that there was interruption, it is sufficient obfuscation.
that treachery was present at the moment
the fatal blow was given. COMPARE TREACHERY V. ABUSE OF
o Example: Hence, if there was a SUPERIOR STRENGTH V. MEANS EMPLOYED
break in the continuity of the TO WEAKEN THE DEFENSE
aggression and at the time of the
fatal wound was inflicted on the TREACHERY ABUSE OF MEANS
SUPERIOR EMPLOYED
deceased he was defenseless, the
STRENGTH TO WEAKEN
circumstance of treachery must be THE
taken into account. DEFENSE
Means, Offender only Means are
Treachery should be considered even if: methods of takes employed but it
forms are advantage of only materially
 The victim was not predetermined but there employed by the his superior weakens the
was a generic intent to treacherously kill any offender to strength and resisting power
first two persons belonging to a class. (The make it does not of the offended
same rule obtains for evident impossible or employ means party
premeditation). hard for the methods or
offended party forms of
 There was aberration ictus and the bullet hit
to put any sort attack.
a person different from that intended. (The of resistance
rule is different in evident premeditation).
 There was error in personae, hence the
victim was not the one intended by the 18. MEANS BE EMPLOYED OR
accused. (A different rule is applied in CIRCUMSTANCES BROUGHT ABOUT WHICH
evident premeditation). ADD IGNOMINY TO THE NATURAL EFFECTS
 Reason: It is nonetheless impossible for OF THE ACT (PAR. 17)
either the intended victim to defend himself
Basis: Means employed
against the aggression.
IGNOMINY is a circumstance pertaining to the
Treachery absorbs: [ACE CAN]6
moral order, which adds disgrace and obloquy to
a. Abuse of superior strength; the material injury caused by the crime.

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NOTES:
 It is applicable to crimes against chastity,
less serious physical injuries, light or grave
coercion, and murder.
Meaning of “which add Ignominy to the natural
effects of the act”:
 The means employed or the circumstances
brought about must tend to make the effects
of the crime more humiliating or to put the
offended party to shame.
 Injured party must not be dead when the act
causing ignominy was inflicted to him
because the act must add to the injured
party’s moral suffering.
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 Dwelling and unlawful entry taken
separately as aggravating circumstances in
murders committed in a dwelling.
 May be considered as aggravating in
robbery with violence against or intimidation
of persons.
 Not aggravating I trespass to dwelling as
unlawful entry is inherent therein.
20. AS A MEANS TO THE COMMISSION OF A
CRIME, A WALL, ROOF, FLOOR, DOOR, OR
WINDOW BE BROKEN (PAR. 19)
Basis: Means and ways employed to commit the
crime.
NOTES:

COMPARE IGNOMINY V. CRUELTY  Applicable only if such acts were done by

the offender to effect ENTRANCE.
IGNOMINY (par. 17) CRUELTY (par. 21)  It is not necessary that the offender should
Involves moral suffering Refers to physical
have entered the building. What aggravates
suffering
the liability is the breaking of a part of the
building as a means of committing the
19. CRIME BE COMMITTED AFTER AN crime.
UNLAWFUL ENTRY (PAR. 18)
COMPARE BREAKING AS MEANS TO
Basis: Means and ways employed to commit the COMMISSION OF THE CRIME V. AFTER AN
crime. UNLAWFUL ENTRY

There is unlawful entry when an entrance (not BREAKING AS MEANS AFTER AN

escape) is effected by a way not intended for the TO COMMISSION OF UNLAWFUL ENTRY,
purpose. THE CRIME, PAR. 19 PAR. 18
Involves the breaking Presupposes that there
One who acts, not respecting the walls erected by (rompimiento) of the is no such breaking as
men to guard their property and provide for their enumerated parts of the by entry through the
house window.
personal safety, shows a greater perversity, a
greater perversity, a greater audacity, hence, the
law punishes him with more severity.

NOTES:

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ATENEO LAW
Where breaking of Door or Window is Lawful:
a. An officer, in order to make an arrest, may
break open a door or window of any building
in which the person to be arrested is or is
reasonably believed to be (Sec. 11. Rule
113, Rules of Court); and
b. An officer, if refused admittance, may break
open any door or window to execute the
search warrant or liberate himself, (Sec. 7,
Rule 126 of ROC).
21. THE CRIME BE COMMITTED: (PAR. 20)
a. With the aid of persons under 15 years of
age, or
b. By means of motor vehicles, airships, or
other similar means
Basis: Means and ways employed to commit the
crime.
Two different circumstances grouped in this
paragraph:
a. With the aid of persons under fifteen
years of age
 Intends to repress the frequent
practice resorted to by professional
criminals to avail themselves of
minors taking advantage of their
irresponsibility.
b. By means of motor vehicles, airships, or
other similar means
 Intended to counteract the great
facilities found by modern criminals
in said means to commit crime and
flee and abscond once the same is
committed.
 Use of motor vehicle is aggravating
where the accused purposely and
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deliberately used the motor vehicle
in going to the place of the crime, in
carrying away the effects thereof,
and in facilitating their escape.
 Other similar means refers to
motorized vehicles or other efficient
means of transportation similar to
automobile or airplane.
 Not aggravating: used only to
facilitate the escape or use was
merely incidental and not purposely
sought to facilitate the commission
of the offense. However, Reyes,
citing Justice Guevara, says that the
use of motor vehicles to facilitate the
escape is aggravating because the
same furnish a quick means for the
flight or concealment of the offender
(Reyes, p. 462)
22. THE WRONG DONE IN THE COMMISSION
OF THE CRIME BE DELIBERATELY
AUGMENTED BY CAUSING OTHER WRONG
NOT NECESSARY FOR ITS COMMISSION (PAR.
21)
Basis: Ways employed to commit the crime. There
is cruelty when the culprit enjoys and delights in
making his victim suffer slowly and gradually,
causing unnecessary physical pain in the
consummation of the criminal act.
REQUISITES:
a. The injury caused be deliberately increased
by causing other wrong; and
b. The other wrong be unnecessary for the
execution of the purpose of the offender.
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NOTES:
• The wounds found on the body of
the victim must be inflicted while he
was still alive in order unnecessarily
to prolong physical suffering.
• If the victim was already dead when
the acts of mutilation were being
performed, this would also qualify
the killing to murder due to outraging
of his corpse. (Art. 248)
• Number of wounds alone does not
show cruelty, it being necessary to
show that the accused deliberately
and inhumanly increased the
sufferings of the victims.
Compare Ignominy v. Cruelty
PAR. 17: IGNOMINY PAR. 21: CRUELTY
Involves MORAL Refers to PHYSICAL
suffering suffering
NOTE: Unlike mitigating circumstances (par. 10,
Art. 13), there is NO provision for aggravating
circumstances of a similar or analogous character.
23. OTHER AGGRAVATING CIRCUMSTANCES
UNDER SPECIAL PENAL LAWS
Use of Unlicensed Firearms
• If homicide or murder is committed with the use of
an unlicensed firearm, such use of an unlicensed
firearm shall be considered as an aggravating
circumstance. (Sec. 1, par. 3)
• When a person commits any crime under the
Revised Penal Code or Special Laws with the use
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of explosives including but not limited to pillbox,
molotov cocktail bombs, detonation agents or
incendiary devises resulting in the death of a
person, the same is aggravating. (Sec. 3)
COMPREHENSIVE DANGEROUS DRUGS ACT
• When a crime is committed by an offender
who is under the influence of dangerous
drugs, such state shall be considered as a
qualifying aggravating circumstances. (Sec.
25)
• For drug pushers who use minors or mentally
incapacitated individuals as runners, couriers
and messengers, or in any other capacity
directly connected to the dangerous drugs
and/or controlled precursors and essential
chemical trade, the maximum penalty shall be
imposed in every case. (Sec. 5)
• If the victim of the offense is a minor or a
mentally incapacitated individual, or should a
dangerous drug and/or a controlled precursor
and essential chemical involved in any
offense herein provided be the proximate
cause of death of a victim thereof, the
maximum penalty provided for under this
Section shall be imposed. (Sec. 5)
• The provisions of the Revised Penal Code
(Act No. 3814), as amended, shall not apply
to the provisions of this Act, except in the
case of minor offenders. Where the offender
is a minor, the penalty for acts punishable by
life imprisonment to death provided herein
shall be reclusion perpetua to death. (Sec.
98)
SPECIFIC AGGRAVATING CIRCUMSTANCES:
1. Violation of domicile: nighttime, papers or
effects not returned immediately;
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 ATENEO LAW
2. Interruption of religious worship: violence or threats;
3. Direct assault: weapon, offender is a public officer or
employee, offender lays hands upon a person in
authority;
4. Grave threats: in writing, thru a middleman;
5. Robbery with violence against or intimidation of
persons: uninhabited place, band, EXCEPT robbery
with homicide or robbery with rape; and
6. Robbery with force upon things: uninhabited place
and by a band.
(F) ALTERNATIVE CIRCUMSTANCES
ALTERNATIVE CIRCUMSTANCES are those that must be
taken into consideration as aggravating or mitigating
according to the nature and effects of the crime and the
other conditions attending its commission.
Basis: Nature and effects of the crime and the other
conditions attending its commission.
Alternative Circumstances:
1. RELATIONSHIP;
2. INTOXICATION; and
3. Degree of instruction and education of the
offender.
1. RELATIONSHIP
The alternative circumstance of relationship shall be
taken into consideration when the offended party is
the:
a.Spouse;
b.Ascendant;
c.Descendant;
d.Legitimate, natural, or adopted brother or sister;
or
e. Relative by affinity, in the same degree, of the
offender;
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f. Stepfather or stepmother and stepson or
stepdaughter People v. Bersabal, [G.R. No.
24532, December 11, 1925]; and
g. Adoptive parent and adopted child.
When Relationship is Mitigating:
a. Crimes against property, by analogy, to the
provisions of Art. 332:
i. Robbery, usurpation, fraudulent
insolvency, and arson; and
ii. Relationship is exempting in theft,
estafa, and malicious mischief.
b. Crimes against persons
When the offense committed is less serious
physical injuries or slight physical injuries and
the offended party is a relative of a lower
degree.
When Relationship is Aggravating:
a. Crimes against persons
a. It is aggravating where the offended party is a
relative of
• A higher degree than the offender, or
• When the offender and the offended party
are relatives of the same degree.
b. In physical injuries
• The crime against persons is serious physical
injuries, even if the offended party is a
descendant of the offender. But the serious
physical injuries must not be inflicted by a
parent upon his child by excessive
chastisement.
• The offense committed is less serious
physical injuries or slight physical injuries if
the offended
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party is relative of a higher degree of the offender. thoughts and undermines the will
power making himself a potential
c. When the crime is homicide or murder,
relationship is aggravating even if the victim of evildoer against whose activities, society has the right
the crime is a relative of a lower degree. for its own protection to impose a more sever penalty.
d. In rape, relationship is aggravating where a
stepfather raped his stepdaughter, or in a case COMPARE MITIGATING V. AGGRAVATING
where a father rapes his own daughter. MITIGATING AGGRAVATING
If intoxication is not If intoxication is not
b. Crimes against chastity
habitual habitual
- In acts of lasciviousness, relationship is always If intoxication is habitual If it is intentional
intoxication is (subsequent to the plan to
aggravating, regardless of whether the offender
notsubsequent to plan to commit a felony)
is a relative of a higher or lower degree of the commit felony
offended party.

NOTE: When the qualification given to the crime is
derived from the relationship between the offender and
the offended party, it is neither mitigating nor
aggravating, because it is inseparable from and inherent
in the offense.
2. INTOXICATION
Basis
a. As a mitigating circumstance, it finds its reason
in the fact that when a person is under the
influence of liquor, his exercise of will power is
impaired.
b. As an aggravating circumstance, because it is
intentional, the reason is that the offender
resorted to it in order to bolster his courage to
commit a crime.
- The constant use of intoxicating liquor
lessens the individual resistance to evil
A HABITUAL DRUNKARD is one given to intoxication by
excessive use of intoxicating drinks.
Once intoxication is established by satisfactory
evidence, in the absence of proof to the
contrary, it is presumed to be non-habitual or
unintentional.
To be entitled to the Mitigating Circumstance, it must
be shown that:
a. At the time of the commission of the criminal act,
he has taken such quantity of alcoholic drinks as to
blur his reason and deprive him of a certain degree
of control; and
b. Such intoxication is not habitual, or subsequent to
the plan to commit the felony
NOTE: Intoxication must diminish the agent's capacity
to know the injustice of his acts, and his will to act
accordingly.

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3. DEGREE OF INSTRUCTION AND EDUCATION OF THE Absolutory Causes are those where the act committed is
OFFENDER a crime but for reasons of public policy and sentiment
there is no penalty imposed. Exempting and justifying
It does not refer only to literacy but more to the level of
circumstances are absolutory causes.
intelligence of the accused
Basis: A sound public policy requires that the courts shall
NOTES: condemn this practice by directing the acquittal of the
 Refers to the lack of sufficient intelligence and accused.
knowledge of the full significance of one's acts. Examples of such other circumstances are:
 Low degree of instruction and education or lack
of it is generally mitigating. 1. Spontaneous desistance (Art. 6);
 High degree of instruction and education is 2. Accessories exempt from criminal liability (Art.
aggravating when the offender avails himself of 20);
his learning in committing the crime. 3. Death or physical injuries inflicted under
exceptional circumstances (Art. 247);
GENERAL RULE: Lack of sufficient education is mitigating. 4. Persons exempt from criminal liability from theft,
swindling, malicious mischief (Art 332); and
EXCEPTIONS:
5. Instigation.
a. Crimes against property (e.g., arson, estafa, theft,
COMPARE ENTRAPMENT V. INSTIGATION
robbery);
b. Crimes against chastity; ENTRAPMENT INSTIGATION
c. Treason: because love of country should be a The ways and means are Instigator practically
natural feeling of every citizen, however resorted to for the purpose induces the would-be
unlettered or uncultured he may be; of trapping and capturing accused into the
d. Murder; and the lawbreaker in the commission of the offense
e. Rape. execution of his criminal and himself becomes a co-
plan. principal.
(G) ABSOLUTORY CAUSE NOT a bar to accused's Accused will be acquitted.
prosecution and conviction
NOT an absolutory cause Absolutory cause

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=============================================== Criminal actions are restricted or limited to the officials of
the corporation and never directed against the
IV. PERSONS CRIMINALLY LIABLE / DEGREE OF corporation itself, except under:
PARTICIPATION
=============================================== a. Corporation Law;
b. Public Service Law;
(A) PERSONS CRIMINALLY LIABLE FOR GRAVE AND LESS c. Securities Law; and
GRAVE FELONIES. d. Election Code.
Art 16. Who are criminally liable. — The following are There is substitution of deprivation of liberty for
criminally liable for grave and less grave felonies: pecuniary penalties in insolvency cases. As to the
1. Principals. imposition of other penalties like destierro and
2. Accomplices. imprisonment, these are imposed and executed on
3. Accessories. individuals only and not for juridical persons.

(B) PERSONS CRIMINALLY LIABLE FOR LIGHT FELONIES 2. PASSIVE SUBJECT

The following are criminally liable for light felonies: The passive subject of a crime is the person injured. The
holder of the injured right is the man, the juristic person,
1. Principals; and the group, and the State.
2. Accomplices.
Corporations and partnerships can be passive subjects of
(C) PARTIES IN ALL CRIMES a crime.

1. ACTIVE SUBJECT Corpses and animals cannot be passive subjects because

The active subject is the criminal. Only natural persons
can be the active subject of a crime because of the highly
personal nature of the criminal responsibility.
Under the Revised Penal Code, persons act with personal
malice or negligence; artificial persons cannot act with
malice or negligence.
A juridical person like a corporation cannot commit a
crime that requires willful purpose or malicious intent.
they have no rights that may be injured.
EXCEPTION:
Under Article 253, the crime of defamation may be
committed if the imputation tends to blacken the
memory of one who is dead.
It should be noted that Article 16 only applies when the
offenders are to be judged by their individual, and not
collective liability.

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ATENEO LAW
(D) PRINCIPAL
Art. 17. Principals. — The following are considered
principals:
1. Those who take a direct part in the execution of
the act;
2. Those who directly force or induce others to
commit it;
3. Those who cooperate in the commission of the
offense by another act without which it would
not have been accomplished.
1. BY DIRECT PARTICIPATION
REQUISITES:
a. They participated in the criminal resolution; and
b. They carried out their plan and personally took
part in its execution by acts which directly tended
to the same end.
• When this element is lacking, there is only
conspiracy.
In conspiracy by prior agreement, a participant in the
conspiracy who does not appear at the scene of the
crime is not liable, because:
• Non-appearance is deemed desistance
which is favored and encouraged;
• Conspiracy is generally not a crime unless
the law specifically provides a penalty
therefore.
• There is no basis for criminal liability
because there is no criminal participation.
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2. BY INDUCEMENT
REQUISITES:
a. That the inducement be made directly with
the intention of procuring the commission of
the crime;
b. That such inducement be the determining
cause of the commission of the crime by the
material executor; and
b. Without such inducement the crime would
not have been committed.
Ways of Becoming Principal by Induction
a. By directly forcing another to commit a crime
i. Using irresistible force; or
ii. By causing uncontrollable fear;
iii. In these cases, there is no conspiracy, not
even a unity of criminal purpose and
intention. Only the one using force or
causing fear is criminally liable.
b. By directly inducing another to commit a crime
i. By giving price, or offering reward or promise
• Both the one giving the price or offering
reward or promise and the one committing
the crime in consideration thereof are
principals.
ii. By using words of command
• The inciting words must have great dominance
and influence over the person who acts where
it would be the moving cause for the offense.
• There is also collective criminal responsibility.
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REQUISITES: COMPARE PRINCIPAL BY INDUCEMENT AND OFFENDER
WHO MADE PROPOSAL TO COMMIT A FELONY
o The one uttering the words of command must
have the intention of procuring the commission PRINCIPAL BY INDUCEMENT OFFENDER WHO MADE
of the crime; o PROPOSAL TO COMMIT
o The one who made the command must have FELONY
ascendancy or influence over the person who There is an inducement to commit a crime
Liability
acted;
Principal becomes liable Mere proposal to commit
o The words used must be so direct, so efficacious, only when the crime is a felony is punishable in
so powerful as to amount to physical or moral committed by the principal treason or rebellion
coercion; by direct participation
o The words of command must be uttered prior to The person to whom the
the commission of the crime; and proposal is made should
o The material executor of the crime has no not commit the crime,
otherwise, the proponent
personal reason to commit the crime.
becomes a principal by
There must exist on the part of the inducer the most inducement
Crime Involved
positive resolution and the most persistent effort to
Involves any crime Must involve only treason
secure the commission of the crime, together with the or rebellion
presentation to the person induced of the very strongest
king of temptation to commit the crime.
Effects of acquittal of principal by direct participation
The inducement must precede the act induced and must upon the liability of principal by inducement:
be so influential in producing the criminal act that
without it, the act would not have been performed. • Conspiracy is negated by the acquittal of co-
defendant.
A thoughtless expression without intention to produce • One cannot be held guilty of having instigated the
the result is not an inducement to commit a crime. commission of a crime without first being shown that
the crime has been actually committed by another.
If the crime committed is not contemplated in the order
• If the one charged as principal by direct participation
given, the inducement is not material and not the
is acquitted, his acquittal is not a ground for the
determining cause thereof.
acquittal of the principal by inducement.

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3. BY INDISPENSIBLE COOPERATION INDIVIDUAL CRIMINAL RESPONSIBILITY

REQUISITES: In the absence of conspiracy, unity of criminal purpose

and intention immediately before the commission of the
a. Participation in the criminal resolution, that is, there crime, or community of criminal design, the criminal
is either anterior conspiracy or unity of criminal responsibility arising from different acts directed against
purpose and intention immediately before the one and the same person is individual and not collective,
commission of the crime charged. This, in turn, and each of the participants is liable only for acts
requires the following: committed by him. U.S. v. Maocomot, [G.R. No. L-18289,
i. Participation in the criminal resolution; November 17, 1922]
ii. There must be conspiracy;
iii. Concurrence is sufficient; and COLLECTIVE CRIMINAL RESPONSIBILITY
iv. Cooperation is indispensable; have
There is COLLECTIVE CRIMINAL RESPONSIBILITY when
b. Cooperation in the commission offense by
performing another act, which it would not of the the offenders are criminally liable in the same manner
without been accomplished. It should be noted that: and to the same extent. The penalty to be imposed must
i. Cooperation must be indispensable; be the same for all.
ii. If participation is dispensable, accused Compare Different Types of Principals
is only an accomplice, not a principal;
and BY DIRECT BY BY
iii. If cooperation is necessary in the PARTICIPATION INDUCEMENT INDISPENSABLE
execution of the offense, accused is COOPERATION
Participation
considered as a principal by direct
Takes part in the 1. Directly Cooperates in
participation.
execution of the forcing another the commission
act constituting to commit a of the offense by
To cooperate means to desire or wish in common a thing.
the crime crime by: performing
But that common will or purpose does not necessarily - using another act,
mean previous understanding, for it can be explained or irresistible force without which it
inferred from the circumstances of each case. People v. - causing would not have
Aplegido, [G.R. No. L-163, April 27, 1946] uncontrollable been
fear accomplished
There can be NO principal by inducement or principal by 2. Directly
cooperation unless there is a principal by direct inducing
participation. However, there may be a principal by direct another to
participation despite the absence of the former. commit a crime
by:
- giving

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Price, or offering another as a principal
reward or promise by direct participation.
• Using words of
command (E) ACCOMPLICE
Collective Criminal
Resposibility Art. 18. Accomplices. – Accomplices are those persons
If there is no Principal, EXCEPT that who, not being included in Art. 17, cooperate in the
conspiracy, then who directly forced execution of the offense by previous or simultaneous
each offender is another to commit a acts.
only liable for the crime, and principal by
acts performed by direct participation REQUISITES:
him.
1. In case if Inducement a. There be community of design; that is, knowing the
Principals have by forcing another to criminal design of the principal by direct participation, he
collective criminal commit a crime, either concurs with the latter in his purpose. The following
responsibility. through (a) irresistible
should be noted:
force or (b)
uncontrollable fear:
i. Knowledge of the criminal design of the principal
The inducer is liable as
the principal while the can be acquired by the accomplice when:
material executor is not • The principal informs or tells the
liable due to Art. 12 accomplice of the former’s criminal
pars. 5 and 6 design; and
2. In case of inducing • The accomplice saw the criminal acts of
another to commit a the principal;
crime by either
ii. The community of design need not be to commit
(a) giving price or
offering reward or the crime actually committed. It is sufficient if
promise or there was a common purpose to commit a
(b) through use of particular crime and that the crime
words of command:
There is collective
criminal responsibility –
one as a principal by
inducement and

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ATENEO LAW
Actually committed was a natural or probable accomplished, yet been accomplished
consequence of the intended crime; cooperates in the execution
of the act by previous or
b. He cooperates in the execution of the offense by simultaneous means
previous or simultaneous acts, with the intention of
supplying material or moral aid in the execution of the
crime in an efficacious way. The following should be KNOWLEDGE
Has knowledge of the Has knowledge of the
noted:
criminal design of the criminal design and
 The cooperation of the accomplice is only principal and merely concurs carries/ executes it
with the criminal purpose
necessary, not indispensable;
 The cooperation is not due to a conspiracy; and
ACCOMPLICE V. PRINCIPAL BY INDISPENSABLE
 The wounds inflicted by an accomplice in the COOPERATION
crimes against persons should not have caused
ACCOMPLICE PRINCIPAL BY
the death of the victim; INDISPENSABLE
 Being present and giving moral support when a COOPERATION
crime is being committed where it may be Necessity of participation
through advice, encouragement or agreement; Participation is not Participation is
and indispensable (it is indispensable
dispensable)
c. There should be a relation between the acts done by Degree of participation
the principal and those attributed to the person Cooperates in the Participation in the criminal
charged as accomplice. execution of the offense resolution, in such a way
by previous or that there is either anterior
QUASI-COLLECTIVE RESPONSIBILITY simultaneous acts, with conspiracy or unity of
the intention of supplying criminal purpose and
Some of the offenders in the crime are principals and the material or moral aid in intention immediately
others as accomplices. the execution of the crime before the commission of
in an efficacious way the crime charged
COMPARE ACCOMPLICE V. PRINCIPAL IN GENERAL

ACCOMPLICE PRINCIPAL ACCOMPLICE V. PRINCIPAL BY DIRECT PARTICIPATION

Participation
Does not take direct part in
the commission of the act,
does not force or induce
others to commit it, or does
not cooperate in the
commission of the crime by
another act, without which it
would not have been
Either takes direct part in
the commission of the
act, induces or forces
another to commit it, or
cooperates in the
commission of the crime
by another act, without
which it would not have
 There is community of criminal design.
 In case of doubt, it shall be resolved in favor of
lesser responsibility, that is, that of mere
accomplice.
 Between the principals and the accomplice, there
is no conspiracy.

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COMPARE ACCOMPLICE V. PRINCIPAL BY DIRECT (F) ACCESORY
PARTICIPATION
Art. 19. Accessories. – Accessories are those who, having
ACCOMPLICE PRINCIPAL BY DIRECT knowledge of the commission of the crime, and without
PARTICIPATION having participated therein, either as principal or
Community of criminal Community of criminal accomplices, take part subsequent to its commission in
design, however such design any of the following manners:
community need not to
be commit the crime 1. By profiting themselves or assisting the offender
actually committed;
to profit by the effects of the crime;
Sufficient that there was
2. By concealing or destroying the body of the
a common purpose to
commita particular crime crime, or the effect or instruments thereof, in
and that the crime order to prevent its discovery;
actually committed was a 3. By harboring, concealing, or assisting in the
natural or probable escape of the principals of the crime, provided
consequence of the the accessory acts with abuse of his public
intended crime
functions or whenever the author of the crime is
No clear cut distinction between the acts of the
accomplice and those of the principal by direct guilty of treason, parricide, murder, or an
participation attempt to take the life of the Chief Executive,
Between principals liable Between principal and or is known to be habitually guilty of some other
for the same offense, accomplices, there is no crime.
there must be conspiracy conspiracy
An accessory does not participate in the criminal design,
nor cooperate in the commission of the felony, but with
COMPARE ACCOMPLICE V. CONSPIRATOR knowledge of the commission of the crime, he
subsequently takes part in three ways:
ACCOMPLICE CONSPIRATOR
They know and agree with the criminal design 1. Profiting from the effects of the crime;
They come to know about They come to know the
2. Concealing the body, effects or instruments of
it after the principals have criminal intention because
reached the decision, and they themselves have the crime in order to prevent its discovery; and
only then do they agree to decided upon such course 3. Assisting in the escape or concealment of the
cooperate in its execution of action principal of the crime, provided he acts with
They are merely They are the authors of a abuse of his public functions or the principal is
instruments who perform crime guilty of treason, parricide, murder, or an
acts not essential to the attempt to take the life of the Chief Executive, or
perpetration of the
is known to be habitually guilty of some other
offense
crime.

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An accessory must have knowledge of the commission of
the crime, and having that knowledge, he took part
subsequent to its commission.
The crime committed by the principal must be proved
beyond reasonable doubt.
Specific Acts of Accessories:
1. By profiting themselves or assisting the offender to
profit by the effects of the crime
 The crime committed by the principal under
this paragraph may be any crime, provided it
is not a light felony.
 Profiting themselves by the effects of the
crime
o The accessory should not take the
property without the consent of the
principal
o When a person knowingly acquired
or received property taken by the
brigands, the crime is punished as
the principal, not the act of the
accessory.
 Assisting the offender to profit by the
effects of the crime
2. By concealing or destroying the body of the crime, or
the effects or instrument thereof, in order to prevent
its discovery.
3. The crime committed by the principal under this
paragraph may be any crime, provided it is not a light
felony.
 Body of the crime is the corpus delicti, that a
specific offense was in fact committed by
someone.
CRIMINAL LAW REVIEWER
 There must be an attempt to hide the body of
the crime.
 The stolen property is the effect of the crime.
The pistol or knife is the instrument of the
crime.
4. By harboring, concealing, or assisting in the escape of
the principals of the crime, provided the accessory
acts with abuse of his public functions or whenever
the author of the crime is guilty of treason, parricide,
murder, or an attempt to take the life of the Chief
Executive, or is known to be habitually guilty of some
other crime.
CLASSES OF ACCESSORIES
CONTEMPLATED IN PART. 3:
1. Public officers, who harbor, conceal or assist in the
escape of the principal of any crime (not light felony) with
abuse of his public functions.
REQUISITES:
a. The accessory is a public officer;
b. He harbors, conceals, or assists in the escape of
the principal;
c. He acts with abuse of his public function; and
d. The crime committed by the principal is any
crime, except a light felony.
2. Private persons who harbor, conceal or assist in the
escape of the author of the crime – guilty of treason,
parricide , murder or an attempt against the life of the
President, or who is known to be habitually guilty of
some other crime.
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REQUISITES:
a. The accessory is a private person;
b. He harbors, conceals or assists in the escape of
the author of the crime;
c. The crime committed by the principal is either:
o Treason;
o Parricide;
o Murder;
o An attempt against the life of the
President; or
o That the principal is known to be
habitually guilty of some other crime.
Public Officers and Private Persons, Distinguished
Public Officers Private Persons
Harbors, conceals or Harbors, conceals
assists in the escape of the assists the escape of the
principal of any crime author of the crime
Accessory is a public Accessory is a private
officer person
Public officer acts with No abuse required (not a
abuse of his public public officer)
functions
Crime committed by the Crime committed by the
principal involves any principal is either: (a)
crime, except light felonies treason, (b) parricide, (c)
murder, (d) an attempt
against the life of the
President , or (e) that the
principal is known to be
habitually guilty of some
other crime
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Notes:
The accessories’ liability is subordinate and subsequent.
Conviction of an accessory is possible notwithstanding
the acquittal of the principal, if the crime was in fact
committed, but the principal was not held criminally
liable, because of an exempting circumstance.
Even if the principal is still unknown or at large, the
accessory may be held responsible provided the
requisites prescribed by law for the existence of the
crime are present and that someone committed it.
Where the commission of the crime and the
responsibility of the accused as an accessory are
or
established, the accessory can be convicted,
notwithstanding the acquittal of the principal. Vino v.
People [G.R. No. 84163, October 19,1989]
PLEASE SEE SPL REVIEWER, ANTI-FENCING LAW AND THE
DECREE PENALIZING OBSTRUCTION OF JUSTICE, READ IN
RELATION TO THE TOPIC ON ACCESSORIES.
(I) PERSONS EXEMPT FROM CRIMINAL LIABILITY
Art. 20. Accessories who are exempt from criminal
liability. – The penalties prescribed for accessories shall
not be imposed upon those who are such with respect
to their spouses, ascendants, descendants, legitimate,
natural, and adopted brothers and sisters, or relatives
by affinity within the provision of the paragraph 1 of the
next preceding article

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Notes:
The exemption is based on the ties of blood and the
preservation of the cleanliness of one’s name.
An accessory is exempt from criminal liability, when the
principal is his –
 Spouse;
 Ascendants;
 Descendants; or
 Legitimate, natural or adopted brother, sister, or
relative by affinity within the same degree.
The accessory is not exempt from criminal liability even if
the principal is related to him, if such accessory:
 Profited by the effects of the crime;
 Assisted the offender to profit by the effects of
the crime; and
 Such acts are prompted not by affection but by a
detestable greed.
Only accessories under Art. 19(2) and(3) are exempt from
criminal liability if they are related to the principals.
Ties of blood or relationship constitute a more powerful
incentive than the call of duty.
V. PENALTIES
(A) GENERAL PRINCIPLES
PENALTY is the suffering that is inflicted by the State for
the transgression of the law.
1. DIFFERENT JURIDICAL CONDITIONS OF PENALTY
a. Productive of suffering, without however
affecting the integrity of the human
personality;
CRIMINAL LAW REVIEWER
b. Commensurate with the offense:
different crimes must be punished with
different penalties;
c. Personal: no one should be punished for
the crime of another;
d. Legal: it is the consequence of a
judgment according to law;
e. Certain: no one must escape its effect s;
f. Equal for all; and
g. Correctional.
2. THEORIES JUSTIFYING PENALTIES
a. Prevention: to prevent or suppress the
danger to the State of arising from the
criminal act of the offender;
b. Self-defense:to protect society from the
threat and wrong inflicted by a criminal;
c. Reformation:to correct and reform the
offender;
d. Exemplarity:the criminal is punished to
serve as an example to deter others from
committing crimes; and
e. Justice:that crime must be punished by
the State as an act of retributive justice, a
vindication of absolute right and moral
law violated by the law violated by the
criminal.
3. PENALTIES THAT MAY BE IMPOSED
GENERAL RULE: A felony shall be punishable
only by the penalty prescribed by law at the time
of its commission.
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Rationale: A law cannot be rationally obeyed unless it is
first shown, and a man cannot be expected to obey an
order that has not been given.
NOTE: Art. 21 implements the constitutional prohibition
against ex post facto laws. It reflects the maxim that
there is no crime without a penalty and that there is no
penalty without a law (nullumcrimen sine poena;
nullapoena sine lege). But, as provided in Art. 22, ex post
facto laws are allowed if favorable to the accused.
GENERAL RULE: Penal laws are applied prospectively.
EXCEPTION: When retrospective application will be
favorable to the person guilty of a felony, provided that:
a. The offender is NOT a habitual criminal
(delinquent) under Art. 62(5); and
b. The new or amendatory law does NOT provide
against its retrospective application.
RATIONALE FOR THE EXCEPTION IN ART. 22: Such an
exception is based on strict justice and not on political
considerations. The sovereign, in enacting subsequent
penal law more favorable to the accused, has recognized
that the greater severity of the former law is unjust. The
sovereign would be inconsistent if it would still enforce
its right under the conditions of the former law, which
has already been regarded by conscientious public
opinion as juridically burdensome.
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NOTE: No retroactive effect even when favorable to the
accused – if the new law is expressly made inapplicable
to pending actions or existing causes of action. Tavera v.
Valdez [1 Phil 468, 1902]
HABITUAL DELINQUENT
A person who within the period of 10 years from the date
of his release or last conviction of the crime of the serious
or less serious physical injuries, robbery, theft, estafa, or
falsification, is found guilty of any said crimes a third time
or oftener.
NOTES:
 If retroactive effect of a new law is justified, it
shall apply to the defendant even if he is:
 The retroactive effect of criminal statutes does
NOT apply to the culprit’s civil liability.
REASON: The rights of offended persons or innocent
third parties are not within the gift of arbitrary disposal of
the State.
• The provisions of Art. 22 are
applicable even to special laws which
provide more favorable conditions to
the accused.
Criminal liability under the repealed law subsists:
a. When the provisions of the former law are re-
enacted;
b. The right to punish offenses committed under an
old penal law is not extinguished if the offenses
are still punishable in the repealing penal law;
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ATENEO LAW
c. When the repeal is by implication; or when a
penal law, which impliedly repealed an old law, is
itself repealed, the repeal of the repealing law
revives the prior penal law, unless the language
of the repealing statutes provides otherwise. If
the repeal is absolute, criminal liability is
obliterated; and
• When the repeal is absolute, the
offense ceases to be criminal People
v. Tamayo, [G.R. No. L- 41423, March
19, 1935]
d. When there is a saving clause.
NOTES:
 No retroactive effect of penal laws as regards
jurisdiction of court. The jurisdiction of the court
to try a criminal action is to be determined by the
law in force at the time of instituting the action,
not at the time of the commission of the crime.
 Jurisdiction of courts in criminal cases is
determined by the allegations of the compliant or
information, not by the findings the court may
make trial. People v. Romualdo, [G.R. No. L-3686,
January 31, 1952]
 According to L.B. Reyes, Art. 22 is NOT applicable
to the provisions of the RPC. Its application to the
RPC can only be invoked where some former or
subsequent law is under consideration.
CRIMINAL LAW REVIEWER
BILL OF ATTAINDER
A legislative act which inflicts punishment without trial.
4. ACT PROHIBITING THE IMPOSITION OF DEATH
PENALTY IN THE PHILIPPINES (R.A. 9346)
NOTE: Currently, the imposition of death penalty has
been prohibited pursuant to Republic Act. No. 9346.
[PLEASE SEE SPL REVIEWER, ON RA.9346]
(B) PURPOSES
1. Retribution of expiation – the penalty is
commensurate with the gravity of the offense.
2. Correction or reformation –as shown by the
ruleswhich regulate the execution of the
penalties consisting in the deprivation of liberty.
3. Social defense –shown by its inflexible severity to
recidivists and habitual delinquents.
(C) CLASSIFICATION
NOTES:
 The scale in Art. 25 is only a general classification
of penalties based on severity, nature and subject
matter.
 The scale of penalties under Art. 70 is provided of
successive service of sentences imposed in the
same accused in consideration of their severity
and natures.
 The scale in Art. 71 are for the purpose of
graduating the penalties by degrees in
accordance with the rules in Art. 61.
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CLASSIFICATION OF PENALTIES BASED ON THEIR 1. Perpetual absolute disqualification is a principal
NATURE: penalty in prevaricacion (Art. 204). It is an
accessory penalty of reclusion perpetua and
1. Principal: those expressly imposed by the court in the reclusion temporal.
judgment of conviction. It can be further classified as
2. Perpetual special disqualification is a principal
follows: penalty in malversation (Art. 217). Also in Art.
a. Divisible: those which have fixed duration and 214, 223, 229, 233, and 346. It is an accessory
are always divisible into three periods, namely: penalty of prision mayor and prisioncorreccional.
maximum, medium, and minimum, e.g. prision 3. Temporary absolute disqualification is a principal
mayor; penalty when the accessory acts with abuse of
b. Indivisible: those which have no fixed duration. public functions (Art. 19[3] and Art. 58).
These are: 4. Temporary special disqualification is a principal
i. Death; penalty in direct bribery (Art.
ii. Reclusion Perpetua;
5. 210). Also in Articles 205, 214, 220, 223, 224, 226,
iii. Perpetual absolute or special 227, 228, 231, 235, 239, 245,
disqualification; and 6. 346, and 347.
iv. Public censure; 7. Suspension is a principal penalty in rendition of
2. Accessory: those that are deemed included in the unjust interlocutory orders (Art. 206). Also in
imposition of the principal penalties, namely: Articles 200, 211, 266 and 365.
i. Perpetual or temporary absolute disqualification;
ii. Perpetual or temporary special disqualification; CLASSIFICATION ACCORDING TO SUBJECT-MATTER
iii. Suspension from public office, the right to vote
and be voted for, the profession or calling; 1. Corporal (death);
iv. Civil interdiction; 2. Deprivation of freedom (reclusion, prision,
v. Indemnification; and arresto);
vi. Forfeiture or confiscation of instruments and 3. Restriction of freedom (destierro);
4. Deprivation of rights (disqualification and
proceeds of the offense.
suspension); and
NOTE: Perpetual or temporary absolute disqualification, 5. Pecuniary (fine).
perpetual or temporary special disqualification, and
suspension may be principal or accessory penalties. CLASSIFICATION ACCORDING TO THEIR GRAVITY

1. Capital:
Examples:
a. Death (Now prohibited under RA 9346);
2. Afflictive:

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ATENEO LAW
a. Reclusion perpetua; 1. Afflictive — if it exceeds P6,000;
b. Reclusion temporal; 2. Correctional — P200 to P6,000; and
c. Perpetual or temporary absolute disqualification; 3. Light — less than P20.
d. Perpetual or temporary special disqualification;
and NOTES:
e. Prision mayor;  Article 26 determines the classification of a fine
3. Correctional: whether imposed as a single (e.g. fine of P200 to
a. Prisioncorreccional; P6000) or as an alternative (e.g. penalty is arresto
b. Arresto mayor; mayor OR a fine ranging from P200 to P1000) penalty
c. Suspension; and for a crime.
d. Destierro;
 The rule classifying fines into light, afflictive, and
4. Light:
correctional does not apply where the fine involved is
a. Arrestomenor; and
in a compound penalty, that is, it is imposed in
b. b.Public censure;
conjunction with another penalty. In this case, the
5. Penalties common to the three preceding classes: highest penalty shall be made the basis for
computing the period for the prescription of crimes
a. Fine; and (Art. 90).
c. Bond to keep the peace.  Where the fine in question is exactly P200„ under Art.
9 it is a light felony, hence the felony involved is a
NOTES:
light felony; whereas under Art. 26, it is a correctional
• This classification corresponds to the classification penalty; hence the offense involved is a less grave
of felonies in Art.9 into grave, less grave, and light. felony. It has been held that this discrepancy should
• Public censure is imposed in Articles 200, 211, 266 be resolved liberally in favor of the accused, hence
and 365. Art. 9 prevails over Art. 26 People v. Yu Hai, 1-G.R.
• Bond to keep the peace is imposed only in the No. L-9598, August 15, 19561
crime of threats (Art. 284), either grave (Art. 282)  HOWEVER, according to Justice Regalado there is no
or light (Art. 283). Also see Act No. 296 as to such discrepancy. What is really in issue is the
power of justice of the peace to require bond for prescription of the offense vis-a-vis the prescription
good behavior. of the penalty, the former being the forfeiture of the
right of the State to prosecute the offender and the
FINE IS: latter being the loss of its power to enforce the
judgment against the convict.
1. Afflictive — if it exceeds P6,000;
 In determining the prescription of crimes, apply Art 9
2. Correctional — P200 to P6,000; and
(P200 fine is light felony). In determining the
3. Light — less than P200.
prescription of penalty,
BOND TO KEEP THE PEACE IS BY ANALOGY:

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apply Art. 26 (P200 fine prescribes in 10 years). See page 3. As a penalty for the concubine in concubinage
607 of Reyes 2008. (Art. 334); and
4. In cases where after reducing the penalty by one
(D) DURATION AND EFFECT or more degrees, destierro is the proper penalty.
1. DURATION AFFLICTIVE 2. COMPUTATION OF PENALTIES
Reclusion Perpetua 20 years and 1 day to 40 Rules observed by the Director of Prisons or the warden
years
in computation of penalties imposed upon the convicts:
Reclusion Temporal 12 years and 1 day to 20
years a. Rule No. 1 when the offender is in prison — the
Prision Mayor 6 years and 1 day to 12
duration of temporary penalties is from the day on which
Temporary Disqualification years, except when the
penalty of disqualification the judgment of conviction becomes final, and not from
{f} is imposed as an accessory the day of his detention.
penalty, in which case, its
duration shall be that of i. This rule applies in cases of temporary penalties
the principal penalty. (e.g. temporary absolute disqualification,
CORRECTIONAL temporary special disqualification, and
suspension) and the offender is under detention
Prisioncorreccional 6 months and 1 day to 6 (as when he is undergoing preventive
Suspension years, except when
imprisonment)
Destierro suspension is imposed
as an accessory penalty, ii. Reason: Under Art. 24, the arrest and temporary
in which case, its detention of the accused is not considered a
duration shall be that of penalty.
the principal penalty.
Arresto mayor 1 month and 1 day to 6 b. Rule No. 2 when the offender is not in prison — the
months duration of penalties consisting in deprivation of liberty,
Arrestomenor 1 day to 30 days is from the day that the offender is placed at the disposal
Bond to keep the peace As the court may of judicial authorities for the enforcement of the penalty.
determine
i. This rule applies in cases of penalties consisting
in deprivation of liberty (e.g. imprisonment and
Note:Destierro is a principal, correctional, and divisible
destierro) and the offender is not in prison.
penalty.
c. Rule No. 3 the duration of other penalties — the
In what cases is destierro imposed? duration is from the day on which the offender
1. Serious physical injuries or death under commences to serve his sentence.
exceptional circumstances (Art. 247); i. This rule applies in cases of:
2. In case of failure to give bond for good behavior
(Art. 284);

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• (Penalties consisting in deprivation of liberty) and the
offender is undergoing preventive imprisonment; but the
offender is entitled to a deduction of full time or 4/5 of
the time of his detention.
• (Temporary penalties) and the offender is not under
detention, because the offender has been released on
bail.
NOTES:
• Service in prison begins only on the day the
judgment of conviction becomes final.
• If in custody and the accused appeals, the service
of the sentence should commence from the date
of the promulgation of the decision of the
appellate court, not the trial court's.
3. EFFECT
EFFECTS OF THE PENALTIES OF PERPETUAL OR
TEMPORARY ABSOLUTE DISQUALIFICATION (ART. 30)
a. Deprivation of the public offices and employments
which the offender may have held, even if
conferred by popular election;
b. Deprivation of the right to vote in any election for
any popular elective office or to be elected to such
office;
c. Disqualification for the offices or public
employments and for the exercise of any of the
rights mentioned; and
d. Loss of all rights to retirement pay or other
pension for any office formerly held.
NOTES:
CRIMINAL LAW REVIEWER
 PERPETUAL ABSOLUTE DISQUALIFICATION is
effective during the lifetime of the convict and
even after the service of the sentence.
 TEMPORARY ABSOLUTE DISQUALIFICATION lasts
during the term of the sentence, and is removed
after the service of the same, except:
o Deprivation of the public office or
employment (Effect no.1); and
o Loss of all rights to retirement pay or
other pension for any office formerly held
(Effect no. 4).
 A plebiscite is not mentioned or contemplated in
Art.30, par. 2 (deprivation of the right to vote),
hence, the offender may vote in that exercise,
subject to the provisions of pertinent election
laws at the time. Article 30, par. 2 refers to an
election for a popular elective office.
EFFECTS OF THE PENALTIES OF PERPETUAL OR
TEMPORARY SPECIAL DISQUALIFICATION (ART. 31)
a. Deprivation of the office, employment,
profession or calling affected; and
b. Disqualification for holding similar offices or
employments perpetually or during the term of
the sentence.
EFFECTS OF THE PENALTIES OF PERPETUAL OR
TEMPORARY SPECIAL DISQUALIFICATION FOR THE
EXERCISE OF THE RIGHT OF SUFFRAGE (ART. 32)
a. Deprivation of the right to vote or to be elected
to any public office; and
b. Cannot hold any public office during the period
of disqualification.
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EFFECTS OF THE PENALTIES OF SUSPENSION FROM ANY
PUBLIC OFFICE, PROFESSION, OR CALLING, OR THE
RIGHT OF SUFFRAGE (ART. 33)
a. Disqualification from holding such office or
exercising such profession or calling or right of
suffrage during the term of the sentence; and
b. If suspended from public office, the offender
cannot hold another office having similar
functions during the period of suspension.
NOTES:
• Disqualification is the withholding of a privilege,
a restrictions upon the right of suffrage or to
hold office, and not a denial of a right.
• The right of suffrage includes the right to vote
and to be elected (Reyes, p. 619).
Purpose: To preserve the purity of elections; one
rendered infamous by conviction of felony or other base
offenses indicative of moral turpitude is unfit to exercise
such rights. People v. Corral. [G.R. No. L-42300, January
31, 1936]
EFFECTS OF CIVIL INTERDICTION (ART. 34)
a. Deprivation of the rights of parental authority or
guardianship of any ward;
b. Deprivation of marital authority;
c. Deprivation of the right to manage his property
and of the right to dispose of such property by
any act or any conveyance inter vivos;
• But he can dispose of such property by will or
donation mortis cause; and
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• He can also manage or dispose of his property
by acts inter vivos, if done in his behalf by a
judicial guardian appointed for him as an
"incompetent." (Sec. 2, Rule 92, Rules of Court)
Civil interdiction is an accessory penalty to the following
principal penalties:
i. If death penalty is commuted to life
imprisonment;
ii. Reclusion perpetua; and iii. Reclusion temporal.
EFFECTS OF BOND TO KEEP THE PEACE (ART. 35)
a. The offender must present 2 sufficient sureties
who shall undertake that the offender will not
commit the offense sought to be prevented, and
that in case such offense be committed they will
pay the amount determined by the Court; or
b. The offender must deposit such amount with the
Clerk of Court to guarantee said undertaking; or
c. The offender may be detained, if he cannot give
the bond, for a period not to exceed 6 months if
prosecuted for grave or less grave felony, or for a
period not to exceed 30 days, if for a light felony.
• Bond to keep the peace is different from bail
bond which is posted for the provisional
release of a person arrested for or accused of
a crime. Bond to keep the peace or for good
behavior is imposed as a penalty in threats.
• According to Justice Regaled°, it is believed
that this punitive sanction cannot be applied
since this bond is required only in the crime
of threats
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and if the offender fails to comply therewith, the penalty 1. INDETERMINATE SENTENCE LAW (ISL) Application
imposable is destierro (Art. 284). Neither can this penalty on the imposed sentence:
apply to crimes under special laws as only "felonies" (i.e. The ISL consists of a maximum and minimum, instead of a
crime punished under RPC) are contemplated therein. single fixed penalty. The prisoner must be sentenced to
imprisonment for a period which is not more than the
(E) APPLICATION maximum and not less than the minimum. The prisoner
GENERAL RULE: The penalty prescribed by law in general must serve the minimum before he is eligible for parole.
terms shall be imposed: The period between the minimum and maximum is
indeterminate in the sense that the prisoner may be
a. Upon the principals; and exempted from serving said indeterminate period in
b. For consummated felony. whole or in part.
• The law does not impair the powers of the Chief
EXCEPTION: When the law fixes a penalty for the
Executive under the Administrative Code.
frustrated or attempted felony in cases where law
• Purpose: To uplift and redeem valuable human material
considers that the penalty lower by one or two degrees
and prevent unnecessary and excessive deprivation of
corresponding to said acts of execution is not
liberty and economic usefulness. Ducosin, [G.R. No. L-
proportionate to the wrong done.
38332, December 14, 19337]
THE GRADUATION OF PENALTIES REFERS TO:
PLEASE SEE SPL SECTION FOR A COMPLETE DISCUSSION
1. By degree: OF THE ISL.
a. Stages of execution (consummated, frustrated,
attempted); and
b. degree of the criminal participation of the
offender (principal, accomplice, accessory);
2. By period:
• Minimum, medium, maximum: refers to the
proper period of the penalty, which should be
imposed when aggravating or mitigating
circumstances attend the commission of the
crime.

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Applying the Indeterminate Sentence Law to the RPC and to Special Penal Laws

MAXIMUM TERM MINIMUM TERM

UNDER RPC
A penalty of reclusion
temporal was imposed upon
an accused for committing
homicide.
UNDER SPECIAL LAWS
Accused is convicted of illegal
possession of firearms
punishable by 1 year and 1 day
to 5 years of imprisonment
If no mitigating Reclusion temporal medium Anywhere within the range
or aggravating of prision mayor, the penalty
circumstance next lower from reclusion
temporal
If there is one Reclusion temporal minimum Anywhere within the range
ordinary of prision mayor without
mitigating reference to any of its
circumstance period.
If there is one Reclusion temporal maximum after Anywhere within the range
aggravating considering the aggravating of prision mayor without
circumstance circumstance reference to any of its
period.
Shall not be less than the
Shall not exceed 5 years as fixed by minimum of 1 year and 1
law day prescribed by law.

2. THREE-FOLD RULE (ART. 70) NOTES:

If an accused has to serve more than 3 sentences, he
cannot be sentenced to more than 3 times the most
severe penalty that may be imposed on him for the
various crimes he might have committed.
Purpose: (aside from the 40-year limit) to avoid the
absurdity of a man being sentenced to imprisonment for
a longer period than his natural life.
• Applies although the penalties were imposed for
different crimes, at different times, and under
separate information.
• If the sentence is indeterminate, the basis of the
threefold-rule is the maximum sentence.
THREE-FOLD RULE:
a. The maximum duration of the convict's sentence
shall not exceed 3 times the length of time
corresponding to the most severe of the
penalties imposed upon him.
b. But in no case to exceed 40 years.

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c. This rule shall apply only when the convict is to
serve 4 or more sentences successively.
d. Subsidiary imprisonment shall be excluded in
computing for the maximum duration.
Example: Accused to suffer imprisonment for a maximum
of 40 years only applying the three-fold rule:
3. JUVENILE JUSTICE AND WELFARE ACT OF 2006 (R.A.
9344); ALSO REFER TO CHILD AND YOUTH WELFARE
CODE (P.D. 603, AS AMENDED)
PLEASE SEE SPL SECTION
(G) DISTINGUISHED FROM PREVENTIVE IMPRISONMENT

PERIOD OF PREVENTIVE IMPRISONMENT DEDUCTED

1st CASE 2nd CASE 3rd CASE 4th CASE
14 years, 8 17 years, 4 14 years 12 years FROM TERM OF IMPRISONMENT (ART. 29)
months and months and and 8
PREVENTIVE IMPRISONMENT is the period of detention
1 ay 1 day months
T 59 years, 8 undergone by an accused where the crime with which he
O months and is charged is non-bailable or, even if bailable he is unable
T 2 days to post the requisite bail.
A
L RULES IN DEDUCTING PERIOD OF PREVENTIVE
IMPRISONMENT:

3. SUBSIDIARY IMPRISONMENT 1. If the detention prisoner agrees voluntarily in writing

Failure to pay the fine subjects the accused to
subsidiary imprisonment
(F) EXECUTION AND SERVICE
1. PROBATION LAW (P.D. NO. 968)
PLEASE SEE DISCUSSION ON PD 968 ON THE SPL
SECTION
2. COMPREHENSIVE DANGEROUS DRUGS ACT (R.A.
9165)
PLEASE SEE RELEVANT PROVISION, SEC.24, SPL
SECTION
to abide by the same disciplinary rules imposed upon
convicted prisoners, he shall be credited in the
service of his sentence with the full time during
which he had undergone preventive imprisonment.
2. if the detention prisoner does not agree to abide by
the same disciplinary rules imposed upon convicted
prisoners, he shall be credited only with 4/5 the time
during which he has undergone preventive
imprisonment.
NOTE: Under the Child and Youth Welfare Code (PD 603),
the youthful offender shall be credited in the service of
his sentence with the full time he spent in actual
confinement and

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detention. It is not necessary that he agreed to abide by
the disciplinary rules imposed upon convicted prisoners.
Offenders not entitled to be credited with the full time
or four-fifths of the time of their preventive
imprisonment:
1. Recidivists or those convicted previously twice or
more times of any crime.
- Habitual delinquents are not entitled to credit
of time under preventive imprisonment since he
is necessarily a recidivist or has been convicted
previously twice or more times of any crime.
2. Those who, upon being summoned for the
execution of their sentence, failed to surrender
voluntarily (convicts who failed to voluntarily
surrender under a final judgment; not those who
failed or refused to voluntarily surrender after the
commission of the crime)
NOTES:
• Credit is given in the service of sentences consisting
of deprivation of liberty (imprisonment and
destierro), whether perpetual or temporal. Thus,
persons who had undergone preventive
imprisonment but the offense is punishable by a fine
only would not be given credit
• The accused shall be released immediately
whenever he has undergone preventive
imprisonment for a period equal to or more than the
possible maximum imprisonment for offense
charged.
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• If the penalty imposed is arrestomenor to destierro,
the accused who has been in prison for 30 days
(arrestomenor to 30 days) should be released
because although the maximum penalty is destierro
(6 months and 1 day to 6 years), the accused
sentenced to such penalty does not serve it in
prison.
===============================================
VI. MODIFICATION AND EXTINCTION OF CRIMINAL
LIABILITY
===============================================
(A) EXTINCTION OF CRIMINAL LIABILITY
Art. 89. How criminal liability is totally extinguished. —
Criminal liability is totally extinguished:
1. By the death of the convict, as to the personal
penalties and as to pecuniary penalties, liability
therefore is extinguished only when the death
of the offender occurs before final judgment.
2. By service of the sentence;
3. By amnesty, which completely extinguishes the
penalty and all its effects;
4. By absolute pardon;
5. By prescription of the crime; 6.By prescription of
the penalty; 7.13y the marriage of the offended
woman, as provided in Article 344 of this Code.
Extinction of criminal liability does not necessarily mean
that the civil liability is also extinguished.
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1. DEATH OF THE CONVICT
GENERAL RULE: The death of the accused pending the
appeal of his conviction extinguishes his criminal and civil
liability based solely on the offense committed.
EXCEPTION: Civil liability arising from sources other than
the crime committed survives and may be pursued in a
separate civil action. Sources of civil liability other than
crime are law, contracts, quasi-contracts, and quasi-
delicts.
As to the personal penalties and as to pecuniary
penalties, liability is extinguished only when the death of
the offender occurs before final judgment.
Death of the convict, whether before or after final
judgment, extinguishes criminal liability.
RULES:
• Civil liability is extinguished only when death occurs
before final judgment.
• Criminal and civil liability is extinguished when the
offender dies before final judgment.
• But claim for civil liability survives if it may be
predicated on a source of obligation other than
delict, such as law, contracts, quasi-contracts and
quasi-delicts.
• If the private offended party desires to recover
damages from the same act or omission complained
of, he must file a separate civil action which is not
lost by prescription of death, predicated not on the
felony previously charged but on other sources of
obligation.
CRIMINAL LAW REVIEWER
2. SERVICE OF SENTENCE
Crime is a debt incurred by the offender as a
consequence of his wrongful act and the penalty is but
the amount of his debt.
Service of sentence does not extinguish the civil liability.
Salgado v. Court of Appeals, [G.R. No. 89606, August 30,
1990]
3. MARRIAGE OF THE OFFENDED WOMAN AS PROVIDED
IN ARTICLE 344 OF THE RPC
Marriage of the offender with the offended woman after
the commission of any of the crimes of rape, seduction,
abduction or acts of lasciviousness must be contracted by
the offender in good faith. Marriage contracted only to
avoid criminal liability is devoid of legal effects. People v.
Santiago, [G.R. No. 27972, October 18, 1927]
4. PRESCRIPTION OF CRIMES; PRESCRIPTION OF
VIOLATIONS OF SPECIAL LAWS
Art. 90. Prescription of crime. — Crimes punishable by
death, reclusion perpetua or reclusion temporal shall
prescribe in twenty years.
Crimes punishable by other afflictive penalties shall
prescribe in fifteen years.
Those punishable by a correctional penalty shall
prescribe in ten years; with the exception of those
punishable by arrest mayor, which shall prescribe in five
years.
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The crime of libel or other similar offenses shall Where the last day of the prescriptive period for filing an
prescribe in one year. information falls on a Sunday or legal holiday, the
information can no longer be filed on the next day as the
The crime of oral defamation and slander by deed shall crime has already prescribed. Yapdianqco v. Buencamino,
prescribe in six months. [G.R. No. L-28841. June 24, 1983]
Light offenses prescribe in two months. The defense of prescription may be raised during the trial
When the penalty fixed by law is a compound one, the or during the appeal, and is a ground for the acquittal of
highest penalty shall be made the basis of the the accused.
application of the rules contained in the first, second The accused cannot be convicted of an offense lesser
and third paragraphs of this article. (As amended by RA than that charged if the lesser offense had already
4661, approved June 19, 1966). prescribed at the time the information was filed.
PRESCRIPTION OF THE CRIME is the forfeiture or loss of WHEN PENALTY IS COMPOUND
the right of the State to prosecute the offender after the
lapse of a certain time. When the penalty is a compound one, the highest
penalty is the basis of the application of the rules in
PRESCRIPTIVE PERIODS Article 90.
a. Crimes punishable by VIOLATIONS PENALIZED BY SPECIAL LAWS or Act No.
i. Death, reclusion perpetua reclusion 3763, provides:
temporal: 20 years;
ii. Afflictive penalties: 15 years; 1. Offenses punished only by a fine or by imprisonment
iii. Correctional penalties: 10 years; for not more than one month, or both: 1 year;
• ifarresto mayor 5 years; 2. Offenses punished by imprisonment for more than
b. Libel: 1 year one month, but less than two years: 4 years;
c. Offenses of oral defamation and slander by deed: 6 3. Offenses punished by imprisonment for 2 years or
months; more but less than 6 years: 8 years;
i. Simple slander: 2 months; 4. Offenses punished by imprisonment for 6 years of
ii. Grave slander: 6 months; more: 12 years;
d. Light offenses: 2 months; 5. Offenses under Internal Revenue Law: 5 years;
e. Crimes punishable by fines 6. Violations of municipal ordinances: 2 months; and
i. Afflictive: 15 years;
ii. Correctional: 10 years; and
iii. Light: 2 months.

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7. Violations of the regulations or conditions of certificate
of convenience by the Public Service Commission: 2
months.
But the act is not applicable where the special law
provides for its own prescriptive period. Prescription of
violations penalized by special laws and ordinances shall
begin to run from the day of the commission of the
violation of the law, and if the same be not known at the
time, from the discovery thereof and the institution of
judicial proceedings for its investigation and punishment.
The prescriptive period shall be interrupted when
proceedings are instituted against the guilty person, and
shall.begin to run again if the proceedings are dismissed
for reasons not constituting jeopardy.
However, inRomualdez v. Marcelo, et al., [G. R. No.
165510-33, July 28, 2006], the Court ruled that the
running of the prescriptive period of an offense punished
by a special law is not tolled by the absence of the
offender from Philippine soil.
COMPUTATION OF PRESCRIPTION OF OFFENSES
Art. 91. Computation of prescription of offenses. — The
period of prescription shall commence to run from the
day on which the crime is discovered by the offended
party, the authorities, or their agents, and shall be
interrupted by the filing of the complaint or
information, and shall commence to run again when
such proceedings terminate without the accused being
convicted or acquitted, or are unjustifiably stopped for
any reason not imputable to him.
CRIMINAL LAW REVIEWER
The term of prescription shall not run when the
offender is absent from the Philippine Archipelago.
OUTLINE:
1. Prescription begins to run from the day on
which the crime is discovered by the offended
party, the authorities, or their agents;
2. It is interrupted by the filing of the complaint or
information;
3. It commences to run again when such
proceedings terminate without the accused
being convicted or acquitted or are unjustifiably
stopped for any reason not imputable to him;
and
4. The term of prescription shall not run when the
offender is absent from the Philippines.
The fact that the culprit is unknown will not prevent the
period of prescription from commencing to run because
it is the discovery of the crime, and not the discovery of
the offender, which starts to make the prescriptive
period run. It is also not necessary that the accused is
arrested.
EXCEPTIONS TO ARTICLE 91:
a. Continuing crimes;
b. In crimes against false testimony:
• Testimony against the defendant: from
the date final judgment was rendered;
• Testimony in favor of the defendant:
from the date when the testimony was
given:
c. Election offenses:
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• If discovery of the offense is incidental to
judicial proceedings: begins when such
proceeding terminates; otherwise, from
the date of commission of the offense;
and
d. Bigamy: begins from date of discovery.
The complaint or information that will interrupt the
period of prescription must be the proper information or
complaint corresponding to the offense. If the complaint
is amended and charges a different crime, the date of the
amended complaint or information should be considered.
If it is merely a correction of a defect, the date of the
original complaint or information should be considered.
5. PRESCRIPTION OF PENALTIES.
Art. 92. When and how penalties prescribe. — The
penalties imposed by final sentence prescribe as
follows:
1. Death and reclusion perpetua, in twenty years;
2. Other afflictive penalties, in fifteen years;
3. Correctional penalties, in ten years; with the
exception of the penalty of arresto mayor,
which prescribes in five years.
PRESCRIPTION OF THE PENALTY is the loss or forfeiture
of the right of the Government to execute the final
sentence after the lapse of a certain time.
a. CONDITIONS
The penalties must be imposed by final judgment. If the
convict appealed and thereafter fled to the mountains,
the penalty imposed upon him would never prescribe,
because pending the appeal, the sentence is not final. If
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the accused was never arrested to serve his sentence, the
prescriptive period cannot commence to run.
b. PRESCRIPTIVE PERIODS
i. Death and reclusion perpetua: 20
years;
ii. Other afflictive penalties: 15 years;
iii. Correctional penalties: 10 years;
• Arresto mayor. 5 years; and
iv. Light penalties: 1 year.
c. PRESCRIPTION OF CRIMES V. PRESCRIPTION OF
PENALTIES
In prescription of crimes, it is the penalty
prescribed by law that should be considered; in
prescription of penalties, it is the penalty imposed
that should be considered.
d. COMPUTATION OF PRESCRIPTION OF PENALTIES
Art. 93. Computation of the prescription of penalties. —
The period of prescription of penalties shall commence
to run from the date when the culprit should evade the
service of his sentence, and it shall be interrupted if the
defendant should give himself up, be captured, should
go to some foreign country with which this Government
has no extradition treaty, or should commit another
crime before the expiration of the period of
prescription.
OUTLINE:
1. Prescription of penalties commences to run from the
date when the culprit evaded the service of his sentence.
2. It is interrupted if the convict
a. Gives himself up;
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ATENEO LAW
b. Captured;
c. Goes to a foreign country with which we have no
extradition treaty; or
d. Commits another crime before the expiration of
the period of prescription.
ELEMENTS:
a. That the penalty is imposed by final sentence;
b. That the convict evaded the service of the
sentence by escaping during the term of his
sentence;
c. That the convict who escaped from prison has
not given himself up, or been capture, or gone
to a foreign country with which we have no
extradition treaty, or committed another
crime; and
b. That the penalty has -prescribed, because of
the lapse of time from the date of the evasion
of the service of the sentence by the convict.
Evading service of sentence will not be considered as
committing a crime before the expiration of the period of
prescription of penalties to warrant interruption of the
period of prescription of penalties.
Acceptance of conditional pardon interrupts the
prescriptive period.
6. PARDON BY THE OFFENDED PARTY
If the one giving the pardon is the offended spouse in
adultery, both offenders must be pardoned by the
offended party if said pardon is to be effective. People v.
Infante, [G.R. No. L-36270, August 31, 1932]
CRIMINAL LAW REVIEWER
7. PARDON BY THE CHIEF EXECUTIVE
PARDON is an act of grace proceeding from the power
entrusted with the execution of the laws which exempts
the individual on whom it is bestowed from the
punishment the law inflicts for the crime he has
committed.
It must be given after final judgment, otherwise, there
will be violation of the doctrine of Separation of Powers.
a. KINDS OF PARDON
i. Conditional
• Exemption of an individual within certain limits
or conditions from the punishment which the law
inflicts for the offense he had committed
resulting in the partial extinction of his criminal
liability.
ii. Absolute
• Total extinction of criminal liability of the
individual to whom it is granted without any
condition • Restores to the individual his civil and
political rights and remits the penalty imposed
for the particular offense of which he was
convicted.
A pardon, whether absolute or conditional, is in the
nature of a deed, for the validity of which delivery is an
indispensable requisite. Until accepted, all that may have
been done is a matter of intended favor and may be
cancelled. But once accepted by the grantee, the pardon
already delivered cannot be revoked by the authority
which granted it.
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COMPARE AMNESTY V. PARDON
AMNESTY
A blanket pardon to classes
of persons who may be
guilty of political offenses
May be exercised even
before trial or investigation
is had
Looks backward and
abolishes and puts into
oblivion the offense itself
Person released by
amnesty stands before the
law precisely as though he
had committed no offense
A proclamation of the
President with the
concurrence of Congress, is
a public act of which the
courts should take judicial
notice
Makes an ex-convict no
longer a recidivist, because
it obliterates the last
vestige of the crime
Does not extinguish the civil liability of the offender
8. AMNESTY
AMNESTY is an act of the sovereign power granting
oblivion or a general pardon for a past offense, and is
CRIMINAL LAW REVIEWER
PARDON
Includes any crime and is
exercised individually by
the President
Exercised when the person
is already convicted
Looks forward and relieves
the offender from the
consequences of an offense
of which he was convicted
Does not work the
restoration of the rights to
hold office, suffrage, unless
such rights be expressly
restored by the terms of
the pardon
A private act of the
President which must be
pleaded and proved by the
person pardoned
Does not alter the fact that
the accused is a recidivist
as it produces only the
extinction of the personal
effects of the penalty
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rarely, if ever, exercised in favor of a single individual,
and is usually exerted in behalf of certain classes or
persons, who are subject to trial but have not yet been
convicted. Brown v. Walker, (No. 765, March 23, 18961
It completely extinguishes the penalty and all its effects.
It may also be granted after conviction, but civil liability is
not extinguished by amnesty.
(B) PARTIAL EXTINCTION OF CRIMINAL LIABILITY
Art. 94. Partial Extinction of criminal liability. — Criminal
liability is extinguished partially:
1. By conditional pardon;
2. By commutation of the sentence; and
3. For good conduct allowances which the
culprit may earn while he is serving his
sentence.
1. CONDITIONAL PARDON
CONDITIONAL PARDON delivered and accepted is
considered a contract between the sovereign power of
the executive and the convict, that the former will
release the latter upon compliance with the condition.
Art. 95. Obligation incurred by person granted
conditional pardon. — Any person who has been
granted conditional pardon shall incur the obligation of
complying strictly with the conditions imposed therein
otherwise, his non-compliance with any of the
conditions specified shall result in the revocation of the
pardon and the provisions of Article 159 shall be applied
to him.
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ATENEO LAW
OUTLINE:
1. He must comply strictly with the conditions
imposed in the pardon.
2. Failure to comply with the conditions shall
result in the revocation of the pardon. Under
Sec. 64(i), R.A.C., the Chief Executive may
order his arrest and reincarceration.
3. He becomes liable under Art. 159. This is the
judicial remedy.
2. COMMUTATION OF THE SENTENCE
It is a change of the decision of the court made
by the Chief Executive by reducing the degree of
the penalty inflicted upon the convict, or by
decreasing the length of the imprisonment or the
amount of the fine.
Art. 96. Effect of commutation of sentence. — The
commutation of the original sentence for another of a
different length and nature shall have the legal effect of
substituting the latter in the place of the former.
CASES WHEN COMMUTATION IF PROVIDED FOR BY THE
RPC:
a. When the convict sentenced to death is over
70 years of age. (Art. 83); and
b. When 8 justices of the Supreme Court fail to
reach a decision for the affirmance of the
death penalty.
The consent of the offender is not necessary.
3. FOR GOOD CONDUCT
Art. 97. Allowance for good conduct. —The good
conduct of any prisoner in any penal institution shall
CRIMINAL LAW REVIEWER
entitle him to the following deductions from the period
of his sentence:
1. During the first two years of his
imprisonment, he shall be allowed a
deduction of five days for each month of
good behavior;
2. During the third to the fifth year, inclusive,
of his imprisonment, he shall be allowed a
deduction of eight days for each month of
good behavior;
3. During the following years until the tenth
year, inclusive, of his imprisonment, he shall
be allowed a deduction of ten days for each
month of good behavior; and
4. During the eleventh and successive years of
his imprisonment, he shall be allowed a
deduction of fifteen days for each month of
good behavior.
There is no allowance for good conduct while the
prisoner is released under conditional pardon. There
reason is that the good conduct time allowance is given
in consideration of the good conduct observed by the
prisoner while serving his sentence.
Art. 98. Special time allowance for loyalty.
— A deduction of one-fifth of the period of his sentence
shall be granted to any prisoner who, having evaded the
service of his sentence under the circumstances
mentioned in Article 58 of this Code, gives himself up to
the authorities within 48 hours following the issuance of
a
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proclamation announcing the passing away of the If the convict fails to observe the conditions of the parole,
calamity or catastrophe to in said article. the Board of Pardons and Parole is authorized to direct
his arrest and return to custody and thereafter to carry
Art. 99. Who grants time allowances. —Whenever out his sentence without deduction of the time that has
lawfully justified, the Director of Prisons shall grant
elapsed between the date of the parole and the
allowances for good conduct. Such allowances once subsequent arrest.
granted shalt not be revoked.
The mere commission, not conviction by the court, of any
The SPECIAL TIME ALLOWANCE FOR LOYALTY OF crime is sufficient to warrant a parolee's arrest and
PRISONER is a deduction of 1/5 of the period of the
reincarceration.
sentence of a prisoner who, having evaded the service of
his sentence during the calamity or catastrophy COMPARE CONDITIONAL PARDON V PAROLE
mentioned in Art. 158, gives himself up to the authorities
within 48 hours following the issuance of the CONDITIONAL PARDON PAROLE
May be given at any time May be given after the
proclamation by the President announcing the passing
after final judgment prisoner has served the
away of the calamity or catastrophe. minimum penalty
Granted by the Chief Granted by the Board of
The deduction of 1/5 is based on the original sentence.
Executive under the Pardons and Parole under
The allowance for good conduct is not an automatic right. provisions of the the provision of the
Administrative Code Indeterminate Sentence
It must be granted by the Director of Prisons.
Law
4. PAROLE When conditions are When conditions are
violated, the convict may violated, the convict may
PAROLE consists in the suspension of the sentence of a be ordered rearrested or be ordered rearrested or
reincarcerated by the Chief reincarcerated by the Chief
convict after serving the minimum term of the
executive, or may be executive
indeterminate penalty, without granting a pardon,
prosecuted under Art. 159
prescribing the terms upon which the sentence shall be
suspended.

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ATENEO LAW
CRIMINAL LAW BOOK II
===============================================
I. CRIMES AGAINST NATIONAL SECURITY AND THE LAW
OF NATIONS
==============================================
Chapter 1: Crimes Against National Security
===============================================
SECTION 1. — TREASON AND ESPIONAGE
ART. 114. TREASON ELEMENTS:
1. Offender is a Filipino Citizen or an alien residing in
the Philippines;
2. There is a war in whiCh the Philippines is involved;
and
3. Offender either —
a. Levies war against the Government, or
b. Adheres to the enemies, giving them aid
or comfort.
DEFINITION OF TERMS:
TREASON - breach of allegiance to the government by a
person who owes allegiance to it.
ALLEGIANCE — obligation of fidelity and obedience which
the individuals owe to the government under which they
live or to their sovereign, in return for protection they
receive.
Treason committed in a foreign country may be
prosecuted in the Philippines. (Art. 2, RPC)
PERSONS LIABLE:
CRIMINAL LAW REVIEWER
1. FILIPINO — permanent allegiance; can commit treason
anywhere.
2. ALIEN RESIDENT — temporary allegiance; commits
treason only when residing in the Philippines.
Treason is a war crime (hence, cannot be committed
during a time of peace), punished by the state as a
measure of self-defense and self-preservation.
[Concurring Opinion of Justice Perfecto, Laurel v. Misa,
G.R. No. L-409, January30, 1947]
PUNISHABLE ACTS (MODES OF COMMIT-TING
TREASON):
1. Levying war — requires:
a. Actual assembling of men; and
b. Purpose of executing a design by force.
2. Adherence to enemies requires concurrence of:
a. Actual adherence; and
b. Giving aid or comfort.
LEVY WAR - must be with intent to overthrow the
government, not merely to resist a particular statute or
to repel a particular officer. It matters not how vain and
futile the attempt was and how impossible its
accomplishment.
In treason by levying war, it is not necessary that there be
a formal declaration of the existence of a state of war.
Actual hostilities may determine the date of the
commencement of war. [Justice Johnson dissenting; US v.
Lagnason, G.R. No. 1582, March 28, 1904]
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ADHERENCE TO ENEMIES — intent to betray; when a
citizen intellectually or emotionally favors the enemy and
harbors sympathies or convictions disloyal to his
country's policy or interest.
AID/COMFORT — act which strengthens or tends to
strengthen the enemy in the conduct of war against the
traitor's country and an act which weakens or tends to
weaken the power of the traitor's country to resist or to
attack the enemy.
Mere acceptance of public office and discharge of official
duties under the enemy do not constitute the felony of
treason. But when the position is policy-determining, the
acceptance of public office and the discharge of official
duties constitute treason.
POLICY-DETERMINING — defines the norm of conduct of
all offices and officials under the department he headed
had to adopt and enforce, implemented the policy, and
helped in the propagation of the creed of the invader.
WAYS TO PROVE:
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sufficient that the witnesses are uniform in their
testimony on the overt act; not necessarily that there be
a corroboration between them on the point they
testified. [People v. Concepcion G.R. No. L-1853, October
25, 1949]
The two-witness rule is severely restrictive, hence, each
of the witnesses must testify to the whole overt act; or if
it is separable, there must be two witnesses to each part
of the overt act. [People v. Concepcion G.R. No. L-1853,
October 25, 1949]
REASON FOR TWO-WITNESS RULE:
The special nature of the crime requires that the accused
be afforded a special protection not required in other
cases so as to avoid a miscarriage of justice.
CIRCUMSTANCES INHERENT IN TREASON:
1. Evident premeditation;
2. Superior Strength; and
3. Treachery.

1. Treason (Overt act of giving aid or comfort) AGGRAVATING CIRCUMSTANCES IN TREASON:

• Testimony - at least 2 witnesses to the 1. Cruelty;

same overt act; and 2. Ignominy; and
• Judicial confession of the accused in open 3. Gravity or seriousness of the acts of treason.
court. Comparing Defenses and Non-Defenses in Treason
2. Adherence DEFENSES NOT A DEFENSE
Duress or uncontrollable Suspended allegiance
a. One witness;
fear
b. Nature of act itself; and Obedience to de facto Joining the enemy army
c. Circumstances surrounding the act government thus becoming a citizen
of the enemy
TWO-WITNESS RULE:

Testimonies need not be identical, but must relate to the

same overt act. [Hauft v. United States, 67 S. Ct. 874]. It is

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NOTES:
• There is no treason through negligence. It requires
intent. [People v. Concepcion G.R. No. L-1853,
October 25, 1949]
• Treason is a continuous offense. [People v. Victoria,
G.R. No. L-369 March 13, 1947] Proof of one count
is sufficient of conviction. [People v. San Juan, G.R.
No. L-2997, June 29, 1951]
• There is no complex crime of treason with murder
or physical injuries. [People v. Prieto 80 Phil. 138]
ART. 115. CONSPIRACY AND PROPOSAL TO COMMIT
TREASON
ELEMENTS — CONSPIRACY:
1. In times of war;
2. Two or more persons come to an agreement to
– against the government; and
a. Levy war against the government, or
b. Adhere to the enemies and to give
them aid or comfort; and
3. They decide to commit it.
ELEMENTS — PROPOSAL:
1. 1 In times 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 and
3. Proposes its execution to some other person/s.
NOTES:
• As a general rule, conspiracy and proposal to
commit a felony is not punishable (Art. 8). Art. 115
is an exception as it specifically penalizes
conspiracy and proposal to commit treason.
CRIMINAL LAW REVIEWER
• Mere proposal even without acceptance is
punishable. If the other accepts, it is already
conspiracy.
• If acts of treason are committed after the conspiracy
or proposal, the crime committed will be treason,
and the conspiracy or proposal is considered as a
means in the commission thereof.
• Two-witness rule — not applicable since this is a
crime separate and distinct from treason.
ART. 116. MISPRISION OF TREASON
ELEMENTS:
1. Filipino citizen;
2. Owes allegiance to the government; NOT a foreigner;
3. Has knowledge of any conspiracy (to commit treason)
4. He conceals or does not disclose the same to the
authorities of the place in which he resides.
NOTES:
• Offender is punished as an accessory to the crime of
treason. But such offender is actually a principal to
this crime.
• This will not apply if crime of treason is already
committed and it is not reported.
• It is a crime of omission.
• RPC mentions 4 individuals to whom the conspiracy
must be reported to (i.e. 1) governor, 2) provincial
fiscal, 3) mayor or 4) city fiscal), but what if you
report to some other high-ranking government
official? Ex: PNP Director? Judge Pimentel says any
government official of the DILG is OK.
• Art. 116 is an exception to the rule that mere silence
does not make a person criminally liable.
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ART. 117. ESPIONAGE espionage, by reason of the public office he holds; and c.
That he discloses their contents to a representative of a
ESPIONAGE — Offense of foreign nation.
1. gathering, transmitting, or losing information
PERSONS LIABLE:
2. respecting the national defense
3. with intent or reason to believe that the 1. First mode; ANY person whether:
information is to be used to
4. theinjury of the Republic of the Philippines or a. Filipino citizen OR resident alien (foreigner);
the advantage of a foreign nation. and
b. Private individual or a public officer.
PUNISHABLE ACTS (MODES OF COMMITTING
ESPIONAGE): 2. Second mode:

1. By entering, without authority, a warship, fort, or a. A public officer

military or naval establishment or reservation to obtain NOTES:
any information, plans, photographs or other data of
confidential nature relative to the defense of the 1. Being a public officer is a requirement in the second
Philippines. mode, while it is only aggravating in the first.
2. Wiretapping is not espionage if the purpose is not
ELEMENTS — FIRST MODE: connected with defense.
a. That the offender (Filipino OR Alien Resident) 3. In the first mode of committing the felony, it is not
enters a warship, fort, naval or military necessary that the offender succeeds in obtaining the
establishment or reservation; information.
b. That he has no authority therefore; and Treason and Espionage, Distinguished
c. That his purpose is to obtain information, plans,
photographs or other data of a confidential TREASON ESPIONAGE
nature relative to the defense of the Philippines. In both — not conditioned on citizenship of offender
Committed in war time War and Peace
2. By disclosing to the representative of a foreign nation time
the contents of the articles, data or information referred Limited in two ways: Committed in
to in the preceding paragraph, which he had in his 1) levying war, and many ways
2) adhering to the
possession by reason of the public office he holds.
enemy, giving him aid
ELEMENTS — SECOND MODE: or comfort

a. That the offender is a public officer;

b. That he has in his possession the articles, data or

information referred to in the first mode of committing

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ATENEO LAW
C.A. NO. 616 AN ACT TO PUNISH ESPIONAGE AND
OTHER OFFENSES AGAINST NATIONAL SECURITY ACTS
PUNISHABLE:
1. Unlawfully obtaining or permitting to be obtained
information affecting national defense;
2. Unlawful disclosing of information affecting national
defense;
3. Disloyal acts or words in time of peace (i.e. causing in
any manner insubordination, disloyalty, mutiny or
refusal of duty of any member of the military, naval,
or air forces of the Philippines);
4. Disloyal acts in time of war,
5. Conspiracy to commit the foregoing acts;
6. Harboring or concealing violators of the law (Le. the
offender harbors a person whom he knows as
someone who committed or is about to commit a
violation of this Act); and
7. Photographing from aircraft of vital military
information.
SECTION 2. — PROVOKING WAR AND DISLOYALTY IN
CASE OF WAR
ART. 118. INCITING TO WAR OR GIVING MOTIVES FOR
REPRISALS
ELEMENTS:
1. Offender performs unlawful or unauthorized acts; and
2. 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.
NOTES:
• Crime is committed in time of peace.
• Intent of the offender is immaterial.
• In inciting to war, the offender is any person. If the
offender is a public officer, the penalty is higher.
CRIMINAL LAW REVIEWER
• Reprisals are not limited to military action; it could be
economic reprisals, or denial of entry into their
country.
ART. 119. VIOLATION OF NEUTRALITY
ELEMENTS:
1. War in which the Philippines is not involved;
2. For the purpose of enforcing neutrality, a
regulation is issued by competent authority; and
3. That the offender violates such regulation.
NEUTRAL — A nation or power which takes no part in a
contest of arms going on between others.
NOTES:
• This crime is committed only in times of peace in the
Philippines, but times of war between other States (see
elements).
• It is the neutrality of the Philippines that was violated.
Philippines should not be a party to the war.
ART. 120. CORRESPONDENCE WITH HOSTILE COUNTRY
ELEMENTS:
1. A 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 —
a. prohibited by the government, or
b. carried on in ciphers or conventional signs, or
c. Containing notice or information which might
be useful to the enemy.
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CORRESPONDENCE — communication by means of
letters or it may refer to the letters, which pass between
those who have friendly or business relations.
CIPHER — secret writing system; a code.
QUALIFYING CIRCUMSTANCES:
The following must concur together —
1. That the notice or information might be useful
to the enemy, and
2. That the offender intended to aid the enemy.
NOTES:
• If the offender intended to aid the enemy by giving
such notice or information, the crime amounts to
TREASON; hence penalty same as that for treason.
• It is immaterial if correspondence contains innocent
matters when it is prohibited by the government. _ _
• Prohibition by the government is not essential when
the correspondence is carried on in ciphers or
conventional signs or when it contains notice or
information, which might be useful to the enemy.
ART. 121. FLIGHT TO ENEMY'S COUNTRY
ELEMENTS:
1. A war in which the Philippines is involved;
2. Offender owes allegiance to the government;
3. Offender attempts to flee or go to enemy
country; and
4. Going to enemy country is prohibited by
competent authority.
PERSONS LIABLE:
1. Filipino citizen; and
2. Alien residing in the Philippines.
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NOTES:
• Mere attempt to flee or go to enemy country
consummates the crime.
• There must be a prohibition. If there is none, even
if one went to enemy country, there is no crime.
• This does not include an attempt to flee to a
territory occupied by enemy troops.
SECTION 3. — PIRACY AND MUTINY ON HIGH SEAS OR
IN PHILIPPINE WATERS
ART. 122. PIRACY IN GENERAL AND MUTINY ON THE
HIGH SEAS OR IN PHILIPPINE WATERS
PIRACY — it is robbery or forcible depredation on the
high seas, without lawful authority and done with
animofurandi and in the spirit and intention of universal
hostility.
Animofurandi — Latin term meaning "intention to steal."
ELEMENTS:
1. A vessel is on the high seas or Philippine waters;
2. Offenders — not members of its complement nor
passengers of the vessel; and
3. That the offenders —
a. attack or seize the vessel, or
b. Seize whole or part of vessel's
cargo, equipment or personal
belongings of its complement or
passengers.
NOTES:
Under P.D. 532, piracy may be committed even by a
passenger or member of the complement of the vessel.
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ATENEO LAW
PUNISHABLE ACTS (MODES OF COMMITTING PIRACY): PLEASE SEE THE SPL SECTION ON THE RELATED TOPIC:
P.D. 532
1. By attacking or seizing a vessel on the high
seas or in the Philippine waters (PD. 532);
2. By seizing in the vessel the whole or part of its • VESSEL - any vessel or watercraft used for
cargo, its equipment or personal belongings transport of passengers and cargo from one place
of its complement or passengers while on the to another through Philippine waters.
high seas or in Philippine waters. • PHILIPPINE WATERS - all bodies of water and all
waters belonging to the Philippines by historic or
MUTINY - the unlawful resistance to a superior, or the legal title, including territorial sea, the sea-bed,
raising of commotions and disturbances on board a ship the insular shelves, and other submarine areas
against the authority of its commander. over which the Philippines has sovereignty and
jurisdiction (Sec. 2, P.D. No. 532).
Piracy and Mutiny, Distinguished
• HIGH SEAS - any waters on the sea coast which
PIRACY MUTINY are without the boundaries of the low water mark
Persons who attack a Offenders are members of although such waters may be in the jurisdictional
vessel or seize its cargo the crew or passengers limits of a foreign government; parts of the sea
are strangers to said that are not included in the exclusive economic
vessels zone, in the territorial seas, or in the internal
Intent to gain is an Offenders may only intend
waters of a state, or in the archipelagic waters of
element to ignore the ship's officers
or, they, may be prompted an archipelagic state (United Nations Convention
by a desire to commit on the Law of the Sea).
plunder • PIRACY IN HIGH SEAS - jurisdiction of any court
Attack from outside Attack from the inside where offenders are found or arrested.
• PIRACY IN INTERNAL WATERS -jurisdiction of
Philippine courts.
Piracy distinguished from Robbery on High Seas
• For purposes of the Anti-Fencing Law, piracy is
PIRACY ERY ON HIGH SEAS part of robbery and theft.
The offender is an The offender is a member of • Under Human Security Act of 2007 (RA. 9372) a
outsider the complement or a person who commits an act punishable as piracy
passenger of the vessel and mutiny under Art. 122 thereby sowing and
In both, there is intent to gain and the manner of creating a condition of widespread and
committing the crime is the same
extraordinary fear and panic among the populace,
in order to coerce the government to give in to an
NOTES: unlawful demand shall be guilty of the crime of
terrorism, and shall suffer the penalty of 40

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years of imprisonment, without the benefit of parole.
The purpose of brigandage is indiscriminate highway
robbery. P.D. 532 punishes as highway robbery or
brigandage only acts of robbery perpetuated by outlaws
indiscriminately against any person or persons on
Philippine highways, and not acts of robbery committed
against only a predetermined or particular victim
[RusticoAbay, Jr. v. People of the Philippines GR 165896
September 19, 2008]
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however, that it should be in paragraph 1 where the
word the word "pirates" should be specifically mentioned
and not paragraph 2. If we were to follow Reyes, when
the second or third circumstance accompanies the crime
of mutiny mentioned in Art. 122, mutiny is then qualified.
First circumstance may not qualify the crime of mutiny.
Qualified Piracy is a special complex crime punishable by
reclusion perpetua to death, regardless of the number of
victims.

Distinguishing Between Piracy in the Revised Penal Code NOTES:

and Mutin as Defined b PD 532 PIRACY (RPC) MUTINY
(P.D. 532) • The word "crimes" in the opening sentence of
Art. 123 refers to both piracy and mutiny.
PIRACY (RPC) MUTINY (P.D. 532) • However, the second qualifying circumstance
Punishes piracy committed Punishes piracy committed specifically mentions "pirates" thereby excluding
either in Philippine waters in Philippine waters only mutineers.
or on the high seas • The murder/rape/homicide/physical injuries
Offenders: Strangers to Offenders: Any person
must have been committed on the passengers or
vessel (non-passengers or (may be a passenger, crew
non-members of the crew or stranger) on the complement of the vessel. 0
Parricide/infanticide should be included. The
inclusion of parricide and infanticide in qualified
ART. 123. QUALIFIED PIRACY piracy is justified by the fact that the acts
punishable are actually the same as murder only
QUALIFYING CIRCUMSTANCES:
specifically classified because of "relationship"
1. Seizure of the vessel by boarding or firing upon and "age/special circumstances". Under the
the same; restoration of the death penalty under the Death
2. Abandonment by pirates of victims without Penalty Law (RA 7659), all are classified as
means of saving themselves; or heinous crimes."
3. Crime was accompanied by murder, homicide, • Piracy may be punished in the competent
physical injuries, or rape. tribunal of any country where the offender may
be found or into which he may be carried.
QUALIFIED MUTINY — According to Reyes, paragraph 2 • Any person who aids or protects pirates or abets
of Article 123 specifically mentions "pirates" thereby the commission of piracy shall be considered as
excluding mutineers from said paragraph. It would seem an accomplice.

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II.CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE
STATE
===============================================
Chapter 1: Arbitrary Detention or Expulsion, Violation of
Dwelling, Prohibition, Interruption and Dissolution of
Peaceful Meetings and Crimes Against Religious
Worship
===============================================
SECTION 1. — ARBITRARY DETENTION AND EXPULSION
ART. 124. ARBITRARY DETENTION
DETENTION — actual confinement of a person in an
enclosure or in any manner detaining and depriving him
of his liberty.
ELEMENTS:
1. That the offender is a public officer or employee
(whose official duties include the authority to make
an arrest and detain persons);
2. That he detains a person; and
3. Detention is without legal grounds.
LEGAL GROUNDS FOR DETENTION:
1. Commission of a crime; and
2. Violent insanity or other ailment requiring
compulsory confinement of the patient in a hospital.
• If the offender is a private individual, the act of
detaining another is Illegal Detention. (Art 267 or Art.
268)
• However, private individuals who conspire with public
officers can be liable as principals in the crime of
Arbitrary Detention.
CRIMINAL LAW REVIEWER
• Public officers who are not vested with authority to
detain or order the detention of
• persons accused of a crime or exceed their authority
may be liable for illegal detention because they are
acting in their private capacity.
• Arbitrary detention can be committed through
imprudence. [People v. Misa, G.R. No. 93485, June
27, 1994. Here, a chief of police (convicted) rearrested
a woman who had been released by verbal order of
the justice of peace. The officer should have verified
the order of release before proceeding to make the
re-arrest.]
• The law does not fix any minimum period of
detention. Offenders have been convicted of
arbitrary detention even when the offended party
was detained for an hour [US v. Agravante, G.R. No.
L-3947, January 28, 1908] or even less than half an
hour [US v. Braganza, G.R. No. L-3971, February 3,
1908]
• Arrest without warrant is the usual cause of arbitrary
detention EXCEPT warrantless arrest (under Sec. 5,
Rule 113, Revised Rules of Criminal Procedure) •
Psychological Restraint is another form of detention
[Astorga v. People, GR No 154139]
ART. 125. DELAY IN THE DELIVERY OF DETAINED
PERSONS TO THE PROPER JUDICIAL AUTHORITIES
ELEMENTS:
1. That the offender is a public officer or employee;
2. That he has detained a person for some legal
ground; and
3. That he fails to deliver such person to the proper
judicial authority within:
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a. 12 hours, detained for crimes punishable by light • The filing of the information in court beyond the
penalties, or their equivalent; specified periods does not cure illegality of detention.
b. 18 hours, for crimes punishable by correctional Hence, the detaining officer is still liable under Art. 125.
penalties, or their equivalent; or Neither does it affect the legality of the confinement
c. 36 hours, for crimes/offenses punishable by capital under process issued by the court.
punishment or afflictive penalties, or their equivalent. • To prevent committing this felony, officers usually ask
accused to execute a waiver of Art. 125, which should
Circumstances considered in determining the liability of be under oath and with assistance of counsel. Such
the officer-offender: waiver is not violative of the constitutional right of the
1. Means of communication; accused.
2. Hour of arrest; and LENGTH OF WAIVER
3. Other circumstances such as the time of surrender and
the material possibility for the fiscal to make the Even when a waiver is signed, a detainee cannot be held
investigation and file in time the necessary information. indefinitely. Upon signing of the waiver, a preliminary
[Sayo v. Chief of Police of Manila, G.R. No. L-2128, May investigation must be conducted and terminated within
12, 1948] 15 days. [Leviste v. Alameda, G.R. No.182677, August 3,
2010]
RIGHTS OF DETAINEE:
Arbitrary Detention and Delay in the Delivery of
1. Shall be informed of the cause of his detention; and Detained, Distinguished
2. Allowed, upon request, to communicate and confer
at anytime with his attorney or counsel ARBITRARY DETENTION (ART. DELAY IN DELIVERY OF
124) DETAINED (ART. 125)
NOTES: Detention is illegal from the Detention is legal in the
beginning beginning; illegality starts
• If offender is a private person, the crime is Illegal from the expiration of the
Detention. specified periods without
• Art. 125 contemplates arrest by virtue of some legal the persons detained having
ground or valid warrantless arrest. been delivered to the
• If arrest is made by virtue of an arrest warrant, person proper judicial authority
may be detained indefinitely until:
a. His case is decided, or
PLEASE SEE SPL SECTION ON R.A. 9372 HUMAN
b. He posts bail. SECURITY ACT 2007 particularly on Section 18, 19 —
• The felony means delay in filing the necessary Period of Detention.
information or charging of person detained in court,
which may be waived if a preliminary investigation is
asked for. This does not contemplate actual physical PLEASE SEE SPL SECTION ON R.A. 9745 ANTI-TORTURE
delivery. ACT particularly on the elements of torture, and Sections
4, 5 and 7(prohibited detention) and persons liable.

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ART. 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; and
3. That the offender without good reason delays:
a. the service of the notice of such order to the
prisoner, or
b. the performance of such judicial or executive order
for the release of the prisoner, or
c. The proceedings upon a petition for the release of
such person.
NOTES:
• Wardens and jailers are the persons most likely to
violate this provision.
• "Petition for liberation of such person" includes a
petition for habeas corpus.
ART. 127. EXPULSION
ELEMENTS:
1. 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; and
3. The offender is not authorized by law.
PUNISHABLE ACTS:
1. Expelling a person from the Philippines; or
2. Compelling a person to change his residence.
NOTES:
• Crime of expulsion absorbs grave coercion. If done by a
private person, act will amount to Grave Coercion.
CRIMINAL LAW REVIEWER
• Only the court by a final judgment can order a person
to change his residence but the Chief Executive has the
power to deport undesirable aliens.
• If a Filipino who, after voluntarily leaving the country, is
illegally refused re-entry, he is considered a victim of
being forced to change his address.
SECTION 2. — VIOLATION OF DOMICILE
ART. 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; and
3. That he commits any of the following acts:
a. entering any dwelling against the will of the
owner thereof;
b. searching papers or other effects found therein
without the previous consent of such owner;
c. refusing to leave the premises, after having
surreptitiously entered said dwelling and after
having been required to leave the same.
SURREPTITIOUSLY — done through fraud or secret
means to accomplish an object (stealth).
SPECIAL AGGRAVATING (QUALIFYING) CIRCUMSTANCES:
1. Nighttime; and
2. Papers or effects not constituting evidence of a crime
are not returned immediately.
NOTES:
• The judicial order is the search warrant.
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• If the offender who enters the dwelling against
the will of the owner is a private individual, the
crime committed is Trespass to Dwelling.
• 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 either: 1.
Grave Coercion if violence or intimidation is used
(Art. 286), or 2. Unjust Vexation if there is no
violence or intimidation (Art. 287). In the 15t
mode, the entrance must be against the will of
the owner of the dwelling. Lack of consent will
not suffice.
• Under the 3rcl mode, even if the entrance is only
without the consent of its owner, the crime is
committed when there is a refusal to leave the
premises when required to do so.
ART. 129. SEARCH WARRANTS MALICIOUSLY OBTAINED
AND ABUSE IN THE SERVICE OF THOSE LEGALLY
OBTAINED
SEARCH WARRANT — an order in writing issued in the
name of the People of the Philippines, signed by a judge
and directed to a peace officer, commanding him to
search for personal property described therein and bring
it before the court.
ELEMENTS:
1. That the offender is a public officer or employee;
2. That he has legally procured a search warrant;
and That he exceeds his authority or uses
unnecessary severity in executing the same.
PUNISHABLE ACTS:
1. Procuring a search warrant without just cause
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ELEMENTS:
a. That the offender is a public officer or employee;
b. That he procures a search warrant; and
c. That there is no just cause.
2. Exceeding his authority by using unnecessary severity
in executing a search warrant legally procured
ELEMENTS:
a. That the offender is a public officer or employee;
b. That he procures a legal search warrant; and
c. That he exceeds his authority or uses
unnecessary severity in executing the same.
ART. 130. SEARCHING DOMICILE WITHOUT WITNESSES
ELEMENTS:
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; and
4. That the owner or any member of his family, or two
witnesses residing in the same locality is not
present.
ORDER OF THOSE WHO MUST WITNESS THE SEARCH:
1. Homeowner;
2. Members of the family of sufficient age and
discretion; or
3. Responsible members of the community.
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ATENEO LAW
SECTION 3. — PROHIBITION, INTERRUPTION AND
DISSOLUTION OF PEACEFUL MEETINGS
ART. 131. PROHIBITION, INTERRUPTION AND
DISSOLUTION OF PEACEFUL MEETINGS
ELEMENTS:
1. Offender is a public officer or employee;
2. He performs any of the following acts:
a. prohibiting or interrupting, without legal ground
the holding of a peaceful meeting, or dissolving
the same (e.g. denial of permit in arbitrary
manner);
b. hindering any person from joining any lawful
association or from attending any of its
meetings; and
c. 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.
TESTS for determining if there is a violation of ART. 131:
1. Dangerous tendency rule; and
2. Clear and present danger rule.
NOTES:
• If the offender is a private individual, the crime is
Disturbance of Public Order (Art. 153).
• Offender must be a stranger, not a participant, in the
peaceful meeting; otherwise, the offense is Unjust
Vexation.
• Meeting must be peaceful and there must be no legal
ground for prohibiting, dissolving or interrupting that
meeting.
CRIMINAL LAW REVIEWER
• Interrupting and dissolving a meeting of the
municipal council by a public officer is a crime against
the legislative body and is not punishable under this
article.
• Those holding peaceful meetings must comply with
local ordinances.
SECTION 4. — CRIMES AGAINST RELIGIOUS WORSHIP
ART. 132. INTERRUPTION OF RELIGIOUS WORSHIP
ELEMENTS:
1. That the officer is a public officer or employee;
3. That religious ceremonies or manifestations of any
religion are about to take place or are going on; and
4. That the offender prevents or disturbs the same.
Qualifying Circumstance: With violence or threats
NOTES:
• 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, hence,
only Art 131 was violated.
• Religious worship includes people in the act of
performing religious rites for a religious ceremony or a
manifestation of religion. Examples: Mass, baptism,
marriage.
• X, a private person, punched a priest while the priest
was giving homily and maligning a relative of X. Is X
liable? X may be liable under Art. 133 (Offending religious
feelings) because X is a private person.
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ART. 133. OFFENDING THE RELIGIOUS FEELINGS Comparing Prohibition Interruption of Peaceful Meeting
v. Offending Religious Worship v. Offending Religious
ELEMENTS: Feeling
1. Acts complained of were performed —
FELONY PERSONS LIABLE IF ELEMENT IS
a. in a place devoted to religious worship, or MISSING
b. during the celebration of any religious Prohibition, Public officer or If by insider then
ceremony; and Interruption and employee who is unjust vexation
2. Acts must be notoriously offensive to the feelings Dissolution of a stranger in the
of the faithful. Peaceful Meeting meeting
(Art. 131)
NOTES: Interruption of Public officer or If not religious
Religious Warship employee then Art. 131
• The offender can be any person. (Art. 132)
• Offense to feelings is judged from the complainant's Offending Any person
point of view. Religious Feeling
(Art. 133)
• The phrase 'in a place devoted to religious worship'
does not necessarily imply the requirement of a
religious ceremony going on. The phrase 'during the ===========================================
celebration' is separated by the word 'or' from the
phase 'place devoted to religious worship' which III. CRIMES AGAINST PUBLIC ORDER
indicates that the 'religious ceremony' need not be
============================================
celebrated in a place of worship.
• Examples of religious ceremony (acts performed ART. 134. REBELLION AND INSURRECTION
outside the church): processions and special prayers
for burying dead persons but NOT prayer rallies. ELEMENTS:
• Acts notoriously offensive to the feelings of the
1. Public uprising and taking arms against the
faithful must be directed against religious practice or
government;
dogma or ritual for the purpose of ridicule, as
2. Purpose:
mocking or scoffing or attempting to damage an
a. To remove from the allegiance to Government or
object of religious veneration.
laws:
• There must be deliberate intent to hurt the feelings
i. Territory of Philippines (in whole or in part);
of the faithful, mere arrogance or rudeness is not
and
enough.
ii. Body of land, or army/naval/other forces;
and
b. Deprive Chief Executive or Congress wholly or
partially of powers or prerogatives

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DISTINGUISHING REBELLION FROM OTHER CRIMES o However, taking part in the clash of arms is not
necessary to be convicted of rebellion.
Rebellion and Insurrection, Distinguished o If there is conspiracy, knowingly identifying one's self
REBELLION INSURRECTION with a group who commits rebellion is enough for
Purpose is to overthrow or Purpose is to effect a conviction, even if he himself did not rise publicly and
supersede the existing change of minor take arms.
government. importance, or to prevent • Consummated the very moment rebels rise and take
the exercise of government arms against the government. They do not need to
authority with respect to achieve their purpose for rebellion to be
particular matters.
consummated.
Rebellion and Treason, Distinguished
PURPOSE FOR REBELLION
REBELLION TREASON
Requires taking up of arms Does not require taking up • The purpose of the uprising must be shown.
of arms
• It is not necessary for conviction that the purpose is
Giving of comfort moral aid Giving of comfort and
achieved.
alone is not punishable moral aid is punishable
No foreign enemy Foreign enemy required NOTES:
Committed during time of Committed only during
peace time of war • If there is no public uprising, the crime is direct
Rebellion and Subversion, Distinguished assault.
• There must be ACTUAL participation. Mere giving of
REBELLION SUBVERSION
Crime against Public OrderCrime against National aid or comfort is not criminal in the case of rebellion.
Security • Rebellion absorbs other crimes committed in
Does not absorb Does not absorb Rebellion furtherance of rebellion.
Subversion o Illegal possession of firearms in furtherance of
Currently punishable No law currently punishing rebellion is absorbed by the crime of rebellion.
under the Revised Penal Subversion o A private crime may be committed during
Code
rebellion.
o Rape, even if not in furtherance of rebellion,
REBELLION IN GENERAL cannot be complexed with rebellion.
• Public officer must take active part because mere
• A crime of masses, of the multitude. It cannot be silence or omission is not punished in rebellion
committed by only 1 person. • It is not a defense that the accused never took the
• It is a continuing crime. oath of allegiance, or that they never recognized the
• A public uprising and taking up of arms are necessary government.
for overt acts to constitute rebellion.

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ABSORPTION OF THE ORDINARY CRIMES PERFORMED PARTICIPANT ACTS PENALTY
DURING A REBELLION REBELLION
Leaders Promotes, Reclusion
People v. Hernandez[G.R. Nos. L-6025-26, 1956]: maintains, or Perpetua
rebellion cannot be complexed with ordinary crimes done heads
pursuant to it. Participants Participates, or Reclusion
e v. Geronimo[G.R. No. L-8936, 1956]: executes the Temporal
crimes done for private purposes without political commands of
motivation should be separately punished. others
Enrile v. Salazar [G.R. No. 92164, 1990]: COUP D'ETAT
Hernandez remains binding doctrine operating to prohibit Leaders Leads, directs, or Reclusion
the complexing of rebellion with any other offense commands others perpetua
committed on the occasion thereof, either as a means to to undertake a
its commission or as an unintended effect of any activity Coup d’ etar
that constitutes rebellion. Participants in Participates or Reclusion
government executes the temporal
service command of
ART. 134-A. COUP D'ETAT others
Participants not in Aids, abets, Prison mayor in
ELEMENTS: government finances or its maximum
service otherwise assists period
1. Offender: member of the military, police force, or any
commission
public officer or employee;
2. Means: swift attack accompanied by violence,
intimidation, threat, strategy, or stealth; PENALTIES AND LIABILITY
3. Possible targets: duly constituted authorities of the
• The indeterminate sentence does not apply to Coup
Philippines, any military camp/installation,
d'etat, Rebellion, or Insurrection.
communication networks, public utilities, or other
• If the actual leader is unknown, the persons who
facilities needed for the exercise and continued
actually directed others, spoke for the unknown
possession of power; and
leaders, signed receipts, and performed other similar
4. Purpose: to seize or diminish state power.
acts will be liable as the leader.
COUP D'ETAT IN GENERAL
ABSORPTION (REBELLION AND INSURRECTION)
• May be perpetrated with or without civilian
• If other common crimes were done in pursuance of
participation; and
the rebellious purpose, these crimes are absorbed
• May be punished as terrorism.
and the person is liable only for rebellion.
ART. 135. PENALTY FOR COUP D'ETAT, REBELLION AND • Absorption is not automatic. One has to show that
INSURRECTION common crimes were done in pursuance

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of rebellious purposes, even if one was a member of
a rebellious group.
• If other common crimes are done for personal
purposes, even while the person is in rebellion, the
person will be held separately liable.
• Once an overt act (even if it is a crime itself) is cited
as an element of Rebellion in the information, it can
no longer be charged as a separate crime.
ART. 136. CONSPIRACY AND PROPOSAL TO COMMIT
COUP D'ETAT, REBELLION, OR INSURRECTION
PENALTIES
1. Conspiracy and proposal to commit Coup d'etat
a. a Prision Mayor minimum; and
b. A fine not exceeding Php 8,000.
2. Conspiracy to commit Rebellion Insurrection
a. Prisioncorreccional maximum; and
b. A fine not exceeding Php 5,000.
3. Proposal to commit Rebellion or Insurrection
a. Prisioncorreccional medium; and
b. A fine not exceeding Php 2,000.
NOTES:
• Merely agreeing and deciding to commit the above
mentioned crimes, without actually performing the
overt acts is already punishable.
• There is no conspiracy when the people have not
agreed, or decided to commit the crimes.
• Even if some acts may be construed as helpful to
rebels, if there is no intent to aid them in achieving
their rebellious purposes, those who gave aid are not
liable as conspirators.
CRIMINAL LAW REVIEWER
• Even if someone gives speeches in favor of the
crimes, if there is no evidence that those who heard
it took it as a proposal, the person giving the speech
is not liable under this article.
ART. 137. DISLOYALTY OF PUBLIC OFFICERS OR
EMPLOYEES
PUNISHABLE ACTS:
1. Failing to resist rebellion by all means;
2. Continuing to discharge duties under rule of
rebels; and
3. Accepting appointment under rule of rebels.
NOTES: Penalty for all acts is PrisionCorreccional in its
minimum period
OFFENDERS
• SHOULD be a public officer or employee. A private
individual cannot violate this article, even if he
accepts appointments under the rebel government.
• Should not be in conspiracy with the rebels. If there is
conspiracy, he/she will be liable for rebellion.
REBELLION AS PRE-REQUISITE
• There must be a rebellion to be resisted in the
first place.
• This article is inapplicable in the absence of the
crime of rebellion.
ART. 138. INCITING TO REBELLION OR INSURRECTION
ELEMENTS:
1. Offender does not take arms or is not in open hostility
against the Government;
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2. He incites others to the execution of any of the acts of 2. Means: force, intimidation, outside legal method; and
rebellion; 3. Objectives:
a. Prevent promulgation/execution of law or holding
a. He incites others to rise publicly and take arms of popular election;
against the government; and b. Prevent government or officer thereof from freely
3. Means: speeches, proclamations, banners, writings, exercising functions;
emblems, or other representations. c. Inflict act of hate or revenge upon public officer or
employee or his property;
APPLICABILITY d. Commit for political or social end, any act of hate
or revenge on any person or social class; and
1. People incited must not actually commit rebellion for
e. Despoil for any political or social end, any person,
this article to apply.
the Government, or any division thereof of all or
2. If people incited commit rebellion, this article is not
some of their property.
applicable.
a. People incited would be guilty of rebellion as SEDITION IN GENERAL
principals by direct participation.
b. Person inciting would be guilty of rebellion as 1. Sedition is the raising of commotions or disturbances
principal by inducement. in the State.
2. Can be committed by both private and public persons.
DISTINGUISHING FROM PROPOSAL TO COMMIT 3. Object is generally a violation of public peace.
REBELLION 4. It cannot be committed by one person alone.
a. Something is considered tumultuous if it involves
PROPOSAL TO COMMIT INCITING TO REBELLION
at least four (4) men with weapons or other
REBELLION (ART. 136) (ART. 138)
means of violence.
The person who proposes Not required that the b. Multiple people with no arms or means of
has decided to commit offender has decided to violence at all cannot commit sedition.
rebellion commit rebellion
The person who proposes 5. Common crimes are not absorbed in sedition. In People
the execution of the crime v. Umali, 96 Phil 18, those accused were found guilty for
uses secret means the separate crimes of sedition, multiple murder, arson,
frustrated murder, and physical injuries. There was
sedition because the purpose of the raid was to inflict an
NOTES: In both proposal and inciting, the offender
act of hate or revenge upon the person or property of a
induces another to commit rebellion
public official, a mayor.
ART. 139. SEDITION
6. In People v. Cabrera 43 Phil 64, 82, those accused were
ELEMENTS found guilty of the separate crimes of sedition in once
case, and multiply murder with grave injuries in another
1. Offenders rise publicly and tumultuously; case. There was sedition as the object of the

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uprising was to inflict an act of hate or revenge upon the ART. 142. INCITING TO SEDITION
persons of the policemen who were public officers or
employees. PUNISHABLE ACTS

NOTE: 1. Inciting others to sedition by means of speeches,

proclamations, writings, emblems, etc.
Concurrence of public uprising and purpose of sedition is 2. Uttering seditious words which disturb the public
required. When one is absent, it is not sedition. speech.
3. Writing, publishing, or circulating scurrilous libels
DISTINGUISHED FROM OTHER CRIMES against Government which tend to disturb public
SEDITION (ART. 139) REBELLION (ART. 134) peace.

In both, there must be a public uprising ELEMENTS OF ACT 1 — INCITING OTHERS TO SEDITION
Sufficient that the public Taking up of arms against
1. That the offender does not take a direct part in the
uprising is tumulultuous the government
crime of sedition;
Purpose of the offenders The purpose is always
may be political or social. political
2. That he incites others to the accomplishment of any of
the acts which constitute sedition; and
SEDITION (ART. 139) TREASON (ART. 114)
3. That the inciting is done by means of emblems,
Commotions or Violation by a subject of
disturbances of the State his allegiance to his representations speeches, proclamations, writing,
sovereign cartoons, banners, or other representation tending to the
ART. 140. PENALTY FOR SEDITION same end.

PERSONS LIABLE: UTTERING AND WRITING: PUNISHABLE (ACTS 2 & 3)

1. Leader of the sedition; and 1. When they tend to disturb or obstruct any public
2. Other persons participating in the sedition. officer in executing the functions of his office; or

ART. 141. CONSPIRACY TO COMMIT SEDITION
• There must be an agreement and a decision to rise
publicly and tumultuously to attain any of the objects
of sedition in order to constitute the crime of
conspiracy to commit sedition.
• There is no proposal to commit sedition.
2. When they tend to instigate others to cabal and meet
together for unlawful purposes; or
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.

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TWO RULES RELATIVE TO SEDITIOUS WORDS ART. 143. ACTS TENDING TO PREVENT THE MEETING OF
THE ASSEMBLY AND SIMILAR BODIES
1. Clear and present danger rule
a. Danger should be both clear and imminent; ELEMENTS:
b. Reasonable ground to believe that the
danger apprehended is imminent and that 1. A projected or actual meeting of Congress or any of its
the evil to be prevented is a serious one to committees or subcommittees, constitutional
the State; and commissions or committees or divisions thereof, or of
c. Present time element. Not only probable but any provincial board or city or municipal council or
very likely inevitable. board;and
2. Dangerous tendency rule 2. That the offender who may be any person prevents
a. Tend to create a danger of public uprising; such meeting by force or fraud.
b. Easily produces disaffection; and
c. Produces state of feelings incompatible with NOTES:
a disposition to remain loyal to the
The Chief of Police and mayor who prevented the
government.
meeting of the municipal council are liable under Art.
PLEASE SEE SPL REVIEWER ON P.D. 1866 as amended by 143, when the defect of the meeting is not manifest and
R.A. 8294 particularly Sec. 1 and 3. Note that if such act requires an investigation before its existence can be
of possessing illegal firearms was made in furtherance of determined.
rebellion, subversion, or insurrection, said act will be
absorbed in the latter and shall not be punished as a JUST CAUSE
separate offense.
PLEASE SEE SPL REVIEWER ON RA 9372, HUMAN • If there is just cause for preventing a meeting,
SECURITY ACT,Secs. 3, 4, 5, 6, other punishable acts and the person doing so is not liable under this
Sec. 49. This is meant to elucidate to distinguish terrorism article.
from the aforementioned felonies in the previous Chapter. • Just cause must appear immediately and must
not be one assumed and proven later by an
investigation.
=============================================== ART. 144. DISTURBANCE OF PROCEEDINGS
Chapter 2: Crimes against Popular Representation ELEMENTS
=============================================== 1. An actual meeting of Congress or any of its
SECTION 1. — CRIMES AGAINST LEGISLATIVE BODIES committees, constitutional commissions or committees
AND SIMILAR BODIES or divisions thereof, or of any

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provincial board or city or municipal council or board; c. Casting vote.
and
ELEMENTS OF ACT 2
2. That the offender does any of the following acts:
1. Offender: Public officer or employee;
a. he disturbs any of such meetings; or 2. Arrests or searches any member of Congress;
b. he behaves while in the presence of any such bodies 3. During regular or special session; and
in such a manner as to interrupt its proceedings or to 4. Member searched/arrested has not committed a
impair the respect due it. crime punishable by arresto mayor or higher.

NOTES: NOTES: Actual prevention not necessary.

Accused may also be punished for contempt by the • It is not necessary that a member of Congress is
legislative body actually prevented from attending, expressing his
opinion, or voting.
SECTION 2. — VIOLATION OF PARLIAMENTARY • It is sufficient that offender had the purpose and
IMMUNITY performed overt acts to achieve such purpose.
ART. 145. VIOLATION OF PARLIAMENTARY IMMUNITY PARLIAMENTARY IMMUNITY
PUNISHABLE ACTS: • Protects from civil and criminal liability.
1. Using force, intimidation, threats, or fraud to prevent • Does not protect a member of Congress from
attendance, expression of opinion, or casting of vote, responsibility before the legislative body itself
of any member of Congress. whenever that member's conduct is considered
2. Arresting or searching member while Congress is in inappropriate or unbecoming.
regular or special session. • Other members may, by votation, opt to suspend,
a. Unless the member is charged with a crime with a imprison, or expel unruly or otherwise erring
penalty higher than prision mayor. members of Congress.
b. b. However, to harmonize with the 1987
Chapter 3: Illegal Assemblies and Associations
Constitution, the RPC provision should be read as
"a penalty of prision mayor or higher"
ART. 146. ILLEGAL ASSEMBLIES
ELEMENTS OF ACT 1
TWO TYPES OF ILLEGAL ASSEMBLIES:
1. Means: force, intimidation, threats, or fraud; and
1. A Meeting attended by armed persons for the purpose
2. Purpose: To prevent any member of the National
of committing any of the crimes punishable under the
Assembly from:
RPC.
a. Attending a meeting;
b. Expressing opinion; or REQUISITES:

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a. There is a meeting — gathering or group of
persons whether fixed or moving;
b. Meeting is attended by armed persons; and
c. The purpose of meeting is to commit any of the
crimes punishable under RPC.
2. A meeting in which the audience, whether armed or
not, is incited to the commission of the crimes of
treason, rebellion or insurrection, sedition or assault
upon a person in authority or his agent.
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• Not all the persons present at the meeting of the
first form of illegal assembly need to be armed.
• if the audience is incited to commit rebellion or
sedition, the crimes committed are illegal
assembly as regards the organizers or leaders and
persons merely present and inciting to rebellion
or sedition insofar as the one inciting them is
concerned.
ART. 147. ILLEGAL ASSOCIATIONS

REQUISITES: KINDS OF ILLEGAL ASSOCIATIONS:

a. There is a meeting — gathering or group of persons
whether fixed or moving; and
b. Audience whether armed or not is incited to the
commission of the crime of treason, rebellion or
insurrection, sedition or direct assault.
PRESUMPTIONS WHEN A PERSON CARRIES UNLICENSED
FIREARM TO THE ASSEMBLY
1. Purpose of the meeting is to commit a crime under
the RPC insofar as he is concerned.
2. Possessor is a leader or organizer of the meeting.
1. Those totally or partially organized for the
purpose of committing a felony; and
2. Those totally or partially organized for purposes
contrary to public morals.
PERSONS LIABLE:
1. Founders and Presidents; and
2. Members.
DISTINGUISHING ILLEGAL ASSEMBLY FROM ILLEGAL
ASSOCIATIONS

PERSONS LIABLE FOR ILLEGAL ASSEMBLY ILLEGAL ASSOCIATION ILLEGAL ASSEMBLY

1. Organizers or leaders of the meeting; and Not necessary that there be Actual meeting or
an actual meeting assembly necessary
2. Persons merely present at the meeting (except
It is the act of forming or It is the meeting and
when presence is out of curiosity — not liable organizing and membership attendance at such
since they do not have intent to commit the in the association that are meeting that are punished
felony of illegal assembly). punished
Persons founders, directors, Persons liable: organizers,
NOTES: president, and members or leaders, and persons
present at the meeting

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================================================= a. engaged in the actual performance of
official duties (motive is not essential); Or
Chapter 4: Assault upon and resistance and
b. assaulted by reason of the past performance
disobedience to persons in authority and their agents
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
ART. 148. DIRECT ASSAULT (with intention to offend, injure or assault); and
5. No public uprising.
TWO FORMS OF DIRECT ASSAULT
NOTES: Offended part here is either a person in authority
1. Without public uprising, by employing force or
of an agent of a person in authority.
intimidation for attainment of any of the purposes
enumerated in defining the crimes of rebellion and REQUIRED DEGREE OF FORCE, INTIMIDATION, OR
sedition (1st form). RESISTANCE FOR LIABILITY TO ATTACH UNDER THIS
ARTICLE
ELEMENTS:
FORCE INTIMIDATION/RESISTANCE
a. Offender employs force or intimidation;
EMPLOYED
b. Aim of offender is to attain any of the purposes of Person in Need not be Serious
the crime of rebellion or sedition; and Authority serious
c. That there is no public uprising. Agent Must be Serious
serious
NOTES: Offended party here may be a private person character

2.Without public uprising, by attacking, by employing

force or by seriously intimidating or by seriously
resisting any person in authority or any of his agents,
while engaged in the performance of official duties, or on
the occasion of such performance (2nd form).
ELEMENTS:
GENERAL RULE: Direct assault is always complexed with
the material consequence of the act (Ex. direct assault
with murder).
EXCEPTION: If resulting in a light felony, the consequent
crime is absorbed.

1. Offender (a) makes an attack, (b) employs force, NOTES:

(c) makes a serious intimidation, or (d) makes a
serious resistance;
2. Person assaulted is a person in authority or his
agent;
3. At the time of the assault the person in authority
or his agent is:
• Resistance to the person in authority or his agent must
be active to constitute a crime under this article. It
cannot be passive, as when one throws himself on the
ground and refuses to follow orders given by a person in
authority to move.

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• Even when the person in authority or the agent
agrees to fight, direct assault is still committed.
• Even another person in authority can be guilty of
assault upon a person in authority or his agent.
However, there can be no assault upon or
disobedience to one's authority by another person
in authority or his agent when they both contend
that they were in the exercise of their respective
duties.
• A person in authority or his agent is not in the actual
performance of official duties when he:
o Exceeds his powers,
o Uses unnecessary force or violence, or
o Descends into matters which are private in
nature.
• Knowledge of the accused that the victim is a person
in authority or his agent is essential and such
knowledge must be alleged in the information.
• Evidence of motive of the offender is important
when the person in authority or his agent who is
attacked or seriously intimidated is not in the actual
performance of his official duty.
• Direct assault may be committed upon a private
person who comes to the aid of a person in
authority since he is then considered an agent of a
person in authority.
• Direct assault cannot be committed during rebellion.
Crime of slight physical injuries is absorbed in direct
assault.
QUALIFYING CIRCUMSTANCES:
1. When the assault is committed with a weapon;
2. When the offender is a public officer or employee; or
3. When the offender lays hand upon a person in
authority
ART. 149. INDIRECT ASSAULT ELEMENTS:
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1. A person in authority or agent is the victim of any of
the forms of direct assault in the previous article;
2. A person comes to the aid of such victim; and
3. Offender makes use of force or intimidation upon
such person.
OFFENDED PARTY
• May be a private person.
• A private person who comes to the rescue of an
authority or his agent enjoys the privileges of the
latter.
NOTES:
• Direct assault must have been committed first before
this article can be applicable.
• If, while a person in authority or his agent is
performing his duty and someone helps him, and
then the helper is attacked by a person, without
however attacking the person in authority or agent, it
is not indirect assault.
ART. 150. DISOBEDIENCE TO SUMMONS ISSUED BY THE
CONGRESS, ITS COMMITTEES OR SUBCOMMITTEES, BY
THE CONSTITUTIONAL COMMISSION, ITS COMMITTEES,
SUBCOMMITTEES, OR DIVISIONS.
PUNISHABLE ACTS:
1. By refusing, w/o legal excuse, to obey summons
issued by the Congress or any of its committees or
subcommittees, Constitutional committees or by any
commission or committee chairman or member
authorized to summon witnesses;
2. Refusal of any person present before a legislative or
constitutional body or official to: to be sworn or
placed under affirmation;
3. By refusing to answer any legal inquiry; or to
produce books, documents, records etc.
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 ATENEO LAW
when required to do so by the said bodies in the exercise DISOBEDIENCE
of their functions;
• The disobedience must be a failure to comply with
4. Restraining another from attending as witness in such orders directly issued by authorities to the person in
body; or the exercise of official functions.
5. Inducing disobedience to a summons or refusal to be • The disobedience contemplated under this article is not
sworn. disobedience to a law or a failure to comply with some
legal provision
ART. 151. RESISTANCE AND DISOBEDIENCE TO A • The word "serious" in this article refers only to
PERSON IN AUTHORITY OR THE AGENTS OF SUCH disobedience, and not to resistance. Serious resistance
PERSONS is punished under Art. 148.
PUNISHABLE ACTS: NON-DELIBERATE ATTACK OR EMPLOYMENT OF FORCE
1. Resistance or serious disobedience; and • If it is not deliberate, it is only resistance or serious
2. Simple disobedience. disobedience.
ELEMENTS OF RESISTANCE OR SERIOUS DISOBEDIENCE: • A non-deliberate attack shows a lack of intent to
ignore, disregard, or defy authority.
1. Person in authority or his agent is engaged in
performance of official duties; NOTES: No crime:
2. The offender resists or seriously disobeys; and 1. When accused did not have knowledge that the person
3. Acts of the offender are not included in Arts. 148-150. arresting him was a peace officer and he resisted; and
NOTES: There can be no resistance and serious 2. When person in authority or agent exceeds his rights
disobedience on occasion of the performance of official and duties.
duties. There always has to be an actual performance of DISTINGUISHING DIRECT ASSAULT FROM
duties when the resistance or serious disobedience is RESISTANCE AND SERIOUS DISOBEDIENCE
made. DIRECT ASSAULT RESISTANCE OR SERIOUS
DISOBEDIENCE
ELEMENTS OF SIMPLE DISOBEDIENCE: Authority/agent must be in The persons in authority or
performance of official duties or his agent must be in actual
1. Agent is engaged in the performance of official duty or was assaulted by reason thereof performance of his duties
gives a lawful order; Committed in 4 ways: Committed only by
2. Offender disobeys such duty; and 1) Attacking, resisting or seriously
3. Disobedience is not of a serious nature. 2) Employing force, disobeying a person in
3) Seriously intimidating, authority or his agent.
NOTES: Only agents can be the victims of simple 4) Seriously resisting
disobedience Attack or employment of force No force is employed, or if
must be person resisted is only
agent, only slight force

CRIMINAL LAW REVIEWER Page 132 OF 351


serious and deliberate is used
ART. 152. PERSONS IN AUTHORITY AND AGENTS OF
PERSONS IN AUTHORITY—WHO SHALL BE DEEMED AS
SUCH
PERSONS IN AUTHORITY
• Directly vested with jurisdiction, whether as an
individual, or as a member of some court or
governmental corporation board or commission;
• One who has the power or authority to govern
and execute laws; and
• Not every public officer is a person in authority.
AGENTS
• Those who, by direct provision of law, or by
election, or appointment by competent
authority, are charged with the maintenance of
public order and the protection and security of
life; and
• Any person who comes to the aid of persons in
authority.
TEACHERS, PROFESSORS, AND PERSONS CHARGED WITH
THE SUPERVISION OF PUBLIC OR DULY RECOGNIZED
PRIVATE SCHOOLS
• Deemed persons in authority for purposes of
Arts. 148 —151;
• Not deemed persons in authority for other
purposes under the law; and
• Reason: to give teachers protection, dignity and
respect while performing their duties.
===========================================
Chapter 5: Public Disorders
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ART. 153. TUMULTS AND OTHER DISTURBANCES OF
PUBLIC ORDER
PUNISHABLE ACTS:
1. Causing any serious disturbance in a public place,
office, or establishment;
2. Interrupting or disturbing performances,
functions, or gatherings, or peaceful meetings, if
the act is not included in Arts. 131 and 132;
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; and
5. Burying with pomp the body of a person who has
been legally executed.
QUALIFYING CIRCUMSTANCE
• If the lst or 2nd act is tumultuous in character, the
penalty next higher in degree shall be imposed.
• TUMULTUOUS — caused by more than 3 persons who
are armed or provided with means of violence.
NOTES:
• Serious disturbance must be planned or
intended.
• if the act of disturbing or interrupting a meeting
or religious worship is committed by a private
individual, or even by a public officer who is a
participant in the meeting or religious worship
which he disturbs or interrupts, this article is
applicable.
• This crime may be complexed with physical
injuries if, in the course of causing a
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ATENEO LAW
disturbance, offenders injure other people. [People v.
Bacolod, 89 Phil. 621 as cited in Reyes]
DISTINGUISHING INCITING TO SEDITION OR REBELLION
FROM PUBLIC DISORDER
INCITING TO SEDITION OR 3rd ACT PUNISHABLE UNDER
REBELLION TUMULTS AND OTHER
DISTURBANCES OF PUBLIC
DISORDER
May be done through Done only through
speech or writing speech(outcry)
Done with intent to More of an unconscious
induce the hearers or outburst which is not
readers to commit the intentionally calculated to
crime of rebellion or induce others to commit
sedition such crimes.
The nature of the speeches in both acts are either
rebellious or seditious
ART. 154. UNLAWFUL USE OF MEANS OF PUBLICATION
AND UNLAWFUL UTTERANCES
PUNISHABLE ACTS:
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.
CRIMINAL LAW REVIEWER
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.
ART. 155. ALARMS AND SCANDALS
PUNISHABLE ACTS:
1. Discharging any firearm, rocket, firecracker, or other
explosive within any town or public place, calculated
to cause (which produces) 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 (tumults).
NOTES:
 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 of firearm (Art. 254).
 For discharging any firearm, etc, the act must
produce alarm or danger as a consequence.
 Using firecrackers during fiestas are not punishable
under this article.
ART. 156. DELIVERING A PERSON FROM JAIL
ELEMENTS:
1. Person is confined in jail or penal establishment; and
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2. Offender removes such person therefrom or helps the
escape of such person.
APPLICABILITY OF ARTICLE
• Applicable even if escapee is merely a detention
prisoner.
• Applicable if escapee came from a hospital or
asylum as these are considered extensions of the
penal institution.
POSSIBLE OFFENDERS
• This crime is usually committed by an outsider.
• May be committed by an employee, provided
that he does not have custody or charge of such a
person, or is otherwise off duty.
VIOLATION, INTIMIDATION, OR BRIBERY
• Not necessary elements of the offense. The offense
can be committed by employing "other means."
• The offender is penalized with a higher penalty if he
commits the crime using violence, intimidation, or
bribery.
• Bribery as contemplated in this article — the act of
bribing someone as a means to remove prisoner from
jail, not the act of accepting a bribe.
LIABILITY
• Person delivering detainee from jail may be held
liable as an accessory if the person helped has
committed treason, murder, or parricide, because
the person delivering assists in the escape of the
principal.
• A prisoner who leaves cannot be held liable under
this article.
o If he is a prisoner by final judgement, he
may be liable under Art. 157.
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o If he is merely a detention prisoner, he is
not liable since he has no sentence to be
evaded.
===============================================
Chapter 6: Evasion of service of sentence
===============================================
ART. 157. EVASION OF SERVICE OF SENTENCE
ELEMENTS:
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); and
3. That he evades the service of his sentence by
escaping during the term of his sentence.
NOTES:
• This is a continuing offense.
• This article does not apply to minor delinquents,
detention prisoners, or deportees.
• If the offender escaped within the 15-day appeal
period, crime is not evasion because judgment is
not yet final.
CIRCUMSTANCES QUALIFYING THE OFFENSE: EVASION
OF SENTENCE WAS DONE THROUGH:
1. Unlawful entry (by "scaling");
2. Breaking doors, windows, gates, walls, roofs or floors;
3. Using picklocks, false keys, disguise, deceit, violence
or intimidation; or
4. Connivance with other convicts or employees of the
penal institution.
ART. 158. EVASION OF SERVICE OF SENTENCE ON THE
OCCASION OF
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ATENEO LAW
DISORDERS, CONFLAGRATIONS, EARTHQUAKES, OR
OTHER CALAMITIES
ELEMENTS:
1. Offender is convict by final judgment confined in
a penal institution;
2. There is a disorder resulting from conflagration,
earthquake, explosion, similar catastrophes, or a
mutiny in which the offender did not participate;
3. The offender subsequently evades the service of
his sentence by leaving the penal institution; and
4. Offender fails to give himself up to the
authorities within 48 hours following the issuance
of a proclamation by the Chief Executive
announcing the passing away of such calamity.
NOTES:
• Applicable only to convicts by final judgment.
• Convict must leave the penal institution. The
deductions or additions to the penalty effected
by this or other articles is not applicable to one
who did not leave a penal institution where he is
confined despite the existence of such calamities.
• What is punished is not the leaving of the penal
institution, but the failure of the convict to give
himself up.
• MUTINY — an organized and unlawful resistance
to a superior officer.
o There is no mutiny if the prisoners
disarmed the guards and escaped,
because the guards are not their superior
officers.
CRIMINAL LAW REVIEWER
DEDUCTIONS AND ADDITIONS
1. If an escapee surrenders himself within 48 hours
after the proclamation, he is entitled to a
deduction of 1/5 of his original term, as provided
in Art. 98
2. If an escapee fails to surrender himself within 48
hours after the proclamation, he will be
sentenced to an additional 1/5 of his remaining
sentence, which in no case shall exceed 6
months.
ART. 159. OTHER CASES OF EVASION OF SERVICE OF
SENTENCE
ELEMENTS:
1. That the offender was a convict;
2. That he was granted a conditional pardon by the Chief
Executive; and
3. That he violated any of the conditions of such pardon.
PENALTIES:
1. Prisioncorreccional 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.
NOTES: Offender must have been found guilty of the
subsequent offense (through w/c he violated his
conditional pardon) before he can be prosecuted under
this Article. But under the Revised Admin. Code, no
conviction is necessary. President has the power to arrest,
and reincarcerate offender without trial.
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===============================================
Chapter 7: Commission of another crime during service
of penalty imposed for another previous offense
===============================================
Art. 160. COMMISSION OF ANOTHER CRIME DURING
SERVICE OF PENALTY IMPOSED FOR ANOTHER
PREVIOUS OFFENSE
ELEMENTS:
1. That the offender was already convicted by final
judgment of one offense; and
2. That he committed a new felony before beginning to
serve such sentence or while serving the same.
QUASI-RECIDIVISM
• Special aggravating circumstance. The effect is to
impose the maximum period applicable for the
subsequent felony.
• Cannot be offset by ordinary mitigating
circumstances, but only privileged ones, such as
minority.
• Quasi recidivism involves two crimes.
o The l one may be any crime, whether punished
under the RPC or special laws.
o The 2nd one, which is committed before serving
sentence for the first one, or while serving the
same, should be a felony.
 This is because Art. 160 speaks of "the
maximum period" of the penalty prescribed
by law for the new felony.
 Penalties prescribed by special laws have no
periods, unlike felonies in the RPC. Does not
require that both crimes are embraced in
the same title of the Code.
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o Different from reiteracion, which requires that
the offender first finishes serving out his
sentence before committing another crime.
• Different from recidivism, where the first and second
offense must be embraced in the same title of the
Code.
• Habitual criminals, which includes quasi-recidivists,
cannot be pardoned.
IV. Crimes Against Public Interest
Chapter 1: Forgeries
========================================
SECTION 1 — FORGING THE SEAL OF THE GOVERNMENT
OF THE PHILIPPINE ISLANDS, THE SIGNATURE OR THE
STAMP OF THE CHIEF EXECUTIVE
ART. 161. COUNTERFEITING THE GREAT SEAL OF THE
GOVERNMENT OF THE PHILIPPINE ISLANDS, FORGING
THE SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE
PUNISHABLE ACTS:
1. Forging the Great Seal of the Government;
2. Forging the signature of the President; and
3. Forging the stamp of the President.
NOTES: When the signature of the President is forged, it
is not falsification but forging of signature of the Chief
Executive under this article.
ART. 162. USING FORGED SIGNATURE OR COUNTERFEIT
SEAL OR STAMP
ELEMENTS:
1. Great seal was counterfeited or signature/stamp
forged;
2. Offender knew of such counterfeiting or forgery; and
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 ATENEO LAW
3. Offender uses such fake seal, stamp, or signature
NOTES:
• The offender in this article should not be the one who
did the counterfeiting or forgery, otherwise, he will be
liable under the previous paragraph.
Offender is punished under this article with a penalty
one degree lower than that provided in the next
preceding article, even if his act is that of an accessory
to the crime of counterfeiting the great seal or forging
the stamp or signature.
SECTION 2 — COUNTERFEITING COINS
ART. 163. MAKING, UTTERING, AND IMPORTING FALSE
COINS
ELEMENTS:
1. There are false or counterfeited coins;
2. Offender made, imported, or uttered said coins; and
3. In case of uttering, offender should be in connivance
with either counterfeiter or importer.
NOTES:
• A coin is counterfeit if it is forged, or if it is not authorized by
the government as legal tender, regardless if it is of intrinsic
value.
• Counterfeiting is the imitation of legal or genuine coin such
as to deceive an ordinary person in believing it to be
genuine.
• To utter is to pass counterfeited coins, sell, deliver or give
away.
• To import is to bring them into port. Importation is complete
even before entry at the Customs House.
• This article also applies to Philippine coins, foreign state
coins, and coins withdrawnfrom circulation. This does not
require that the coins counterfeited be legal tender.
CRIMINAL LAW REVIEWER
• When a real coin is made to appear like a coin with
higher value by painting, etc. the crime is estafa
because the coin is genuine.
ART. 164 — MUTILATION OF COINS; IMPORTATION AND
UTTERANCE OF COINS
PUNISHABLE ACTS:
1. Mutilating coins of legal currency with the further
requirement that there be intent to damage or to
defraud another.
2. Importing or uttering such mutilated coin with the
further requirement that there must be connivance
with the mutilator or importer in case of uttering.
NOTES:
• Mutilation is to take off part of the metal either by
filing it or substituting it for another metal of inferior
quality, to diminish by ingenious means the metal in
the coin.
• Foreign NOTES and coins not included under this
article. Mutilation must be of Philippine legal tender.
• There must be intention to mutilate.
• Coins must always be real and legal tender.
• Coins of foreign country not included.
• Mutilating alone is punishable, but importing or
uttering must be concurrent with connivance.
ART. 165. SELLING OF FALSE OR MUTILATED COINS
WITHOUT CONNIVANCE
PUNISHABLE ACTS:
1. Possession with intent to utter counterfeited or
mutilated by another.
2. Actually uttering, while knowing coins to be false or
mutilated.
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ELEMENTS OF ACT NO. 1
1. Possession; a. Covers possession in general, from
actual possession to constructive possession;
2. Intent to utter, and 3. Knowledge that the coins are
forged/mutilated.
ELEMENTS OF ACT NO. 2
1. Actually uttering such coins; and
2. Knowledge that the coins are forged/mutilated.
LEGAL TENDER
1. This article does not require that the coin being
uttered is legal tender.
2. But if the coin being uttered or possessed is a
mutilated coin, it must be legal tender, because of
Art. 164.
PUNISHING POSSESSION AND UTTERANCE
1. The possession or utterance punished under this
article is that which is done without connivance with
the original forgers, mutilators, or importers.
2. If, along with possession or utterance, one is also the
author or the mutilation or forgery, he will be liable
under either Arts. 165 or 164.
3. Possession and utterance must always be with the
knowledge that these are forged or mutilated coins.
Knowledge need not be expressed, but may be
inferred from acts of the offender.
SECTION 3 — FORGING TREASURY OR BANK NOTESS,
OBLIGATIONS AND SECURITIES; IMPORTING AND UTTERING
FALSE OR FORGED NOTES, OBLIGATIONS AND SECURITIES
ART. 166. FORGING TREASURY OR BANK NOTES, OR OTHER
DOCUMENTS PAYABLE TO BEARER; IMPORTING AND
UTTERING
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SUCH FALSE OR FORGED NOTES OR DOCUMENTS
PUNISHABLE ACTS:
1. Forging or falsification of treasury or banking NOTES or
other documents;
2. Importation of such false or forged obligations or
NOTES; and
3. Uttering such in connivance with the forgers or
importers.
NOTES:
• Forging is committed by giving a treasury or bank
NOTES or any instrument payable to bearer or order an
appearance of a true and genuine document.
• Falsification is committed by erasing, substituting,
counterfeiting or altering by any means the figures and
letters, words, signs contained therein.
• Forging PNB checks is not included under this article.
That is falsification of commercial document under
Article 172.
• Obligation or security includes bonds, certificate of
indebtedness, bills, national bank notes, coupons,
treasury notes, certificates of deposit, checks, drafts for
money, and sweepstakes ticket.
ART. 167. COUNTERFEITING, IMPORTING, OR UTTERING
INSTRUMENTS NOT PAYABLE TO BEARER
ELEMENTS:
1. There is an instrument payable to order or other
document not payable to bearer,
2. The offender forges such document or imports or
utters such forged instrument; and
3. In case of uttering, the offender is in connivance with
the forgers or importers.
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ATENEO LAW
NOTES:
• Applies to cheques payable to order of a specific
person named
• Instruments payable to bearer: Document is payable
to bearer when the instrument can be negotiated by
mere delivery.
• Instruments payable to order: An instrument payable
to order where it is payable to the order of a
specified person or to him or to his order. It is
negotiated by indorsement and delivery.
ART. 168. ILLEGAL POSSESSION AND USE OF FALSE
TREASURY OR BANK NOTES AND OTHER INSTRUMENTS
OF CREDIT
ELEMENTS:
1. Documents in the preceding articles are forged or
falsified by another person;
2. Offender knows them to be forged or falsified; and
3. He uses them or possesses them with intent to use.
NOTES:
• The act sought to be punished is knowingly
possessing with intent to use any of such forged
treasury or bank notes.
• The accused has the burden to give a satisfactory
explanation of his possession of forged bills. Mere
possession of false money bill, without intent to use
it to the damage of another, is not a crime.
• A person in possession of falsified document and
who makes use of the same is presumed to be
material author of falsification.
ART. 169. HOW FORGERY IS COMMITTED
CRIMINAL LAW REVIEWER
WAYS FORGERY IS COMMITTED:
1. Giving any document mentioned in preceding
articles the appearance of a true/genuine
document; and
2. Erasing, substituting, counterfeiting, or altering
what is in the document.
SECTION 4 — FALSIFICATION OF LEGISLATIVE, PUBLIC,
COMMERCIAL, AND PRIVATE DOCUMENTS, AND
WIRELESS TELEGRAPH AND TELEPHONE MESSAGES
ART. 170. FALSIFICATION OF LEGISLATIVE DOCUMENTS
ELEMENTS:
1. There is a bill, resolution, or ordinance enacted,
approved, or pending approval by Congress or
any provincial or municipal council/board;
2. The offender alters it;
3. He has no proper authority to do so; and
4. Alteration has changed the meaning of the
document.
NOTES:
• The bill, resolution, or ordinance must be genuine.
This article does not cover a fabricated or simulated
legislative document.
• Offender can be any person, for as long as he has no
authority.
• This article only punishes alteration which changes its
meaning. Any other tampering with legislative
documents is covered under Art. 171 or 172.
ART. 171. FALSIFICATION BY PUBLIC OFFICER OR
EMPLOYEE, OR NOTARY OR ECCLESIASTICAL MINISTER
ELEMENTS:
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1. Offender: Public officer, employee, ecclesiastical
minister, or notary public;
2. Takes advantage of his official position;
3. Falsifies a document by committing any of the acts
mentioned in the article; and
4. In case the offender is an ecclesiastical minister, that
the falsification be committed with respect to civil
status of persons.
TAKES ADVANTAGE/ABUSE OF OFFICIAL POSITION
1. He has duty to make or prepare, or otherwise
intervene in a preparation of a document.
2. He has the official custody of the documents which
he falsifies.
NOTE: Even if the offender is a public officer or
employee, if the offense was not committed with abuse
of office, he will be punished as a private citizen.
DOCUMENT
1. Any written statement by which a right is
established or an obligation extinguished.
2. Must be complete or have the appearance of a true
and genuine document.
3. Must be of apparent legal efficacy.
4. Pars. 6, 8, and the second part of par. 7 require a
genuine document, while the others do not.
st
1 ACT: COUNTERFEITING OR IMITATING ANY
SIGNATURE, HANDWRITING OR RUBRIC
TWO WAYS UNDER THIS PARAGRAPH:
1. COUNTERFEITING — imitating any handwriting,
signature or rubric.
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2. FEIGNING — simulating a signature, handwriting, or
rubric out of one which does not exist.
REQUISITES OF COUNTERFEITING:
1. Intent or attempt to imitate; and
2. Some resemblance between the genuine and forged
handwriting, signature, or rubric.
INTENT
1. If there is sufficient resemblance between the
genuine and the forged signatures, it can be
concluded that the accused had intention to imitate
signature.
2. There can be no "intent" to counterfeit or imitate if
the person had authority to sign.
RESEMBLANCE
1. Imitation need not be perfect.
2. Resemblance must be such that is likely to deceive
an ordinary person dealing with the document
2ndACT: CAUSING IT TO APPEAR THAT PERSONS HAVE
PARTICIPATED IN ANY ACT OR PROCEEDING WHEN THEY
IN FACT DID NOT SO PARTICIPATE.
ELEMENTS:
1. Offender caused it to appear in a document that a
person has participated in an act or proceeding; and
2. Persons did not in fact participate.
NOTES:
• Imitation of a signature is not required in this article.
• If performed by a private person, as with all acts
under Art. 171, Art. 172 should be applied.
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 ATENEO LAW
3rd ACT: ATTRIBUTING TO PERSONS WHO HAVE PARTICIPATED IN AN WRONGFUL INTENT
ACT OR PROCEEDING STATEMENTS OTHER THAN THOSE IN FACT
MADE BY THEM 1. A person is not guilty if he was not animated by desire to
do wrong or to injure a third person.
ELEMENTS: 2. Good faith is a defense. If offender believed what he put
was true, he is not liable.
1. Persons participated in an act or proceeding;
2. Persons made statements in that proceeding; and OTHER NOTES
3. Offender attributed to such person or persons statements
other than those in fact made. • Even if consent for contract was obtained by violence, it does
not make facts narrated in it false.
4th ACT: MAKING UNTRUTHFUL STATEMENTS IN A NARRATION OF • There can be falsification by omission.
FACTS
5th ACT: ALTERING TRUE DATES
ELEMENTS:
NOTES:
1. Offender makes narration of facts;
2. There was a legal obligation to disclose the truth; • There is falsification only when the date mentioned in the
3. Facts narrated are absolutely false; and document is essential.
4. Wrongful intent of injuring a third person. • Change of date must affect the veracity of the document or
the effects/meaning thereof.
NARRATION OF FACTS
6th ACT: MAKING ANY ALTERATION OR INTERCALATION IN A
1. Must be narration of facts, not conclusions of law; and GENUINE DOCUMENT WHICH CHANGES ITS MEANING
2. Does not include mistakes in judgment.
ELEMENTS:
LEGAL OBLIGATION
1. Alteration (change) or intercalation (insertion) on a
1. There is a law requiring the disclosure of the truth of the document;
facts narrated. 2. Made on a genuine document;
2. If the law does not require a piece of information, even if 3. Alteration or intercalation has changed its meaning; and
accused lied about that info, he is not liable. 4. Meaning of the document is now false.
3. Legal obligation is inherent in residency certificate.
CHANGES ITS MEANING
ABSOLUTELY FALSE
1. Change the effects which it would otherwise produce
1. Offender must be aware of falsity. and
2. If the statements are not altogether false, there being some 2. Unless that happens, there could not exist an essential
colorable truth in such statements, the crime of falsification element or intention to commit a crime.
is not deemed to have been committed.
MEANING IS NOW FALSE

1. Alteration which speaks the truth is not falsification

CRIMINAL LAW REVIEWER Page 142 OF 351


2. Must be alteration/intercalation which causes the
instrument to speak a language different in legal effect
from what it originally spoke.
th
7 ACT: 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 A COPY A STATEMENT
CONTRARY TO, OR DIFFERENT FROM, THAT OF THE
GENUINE ORIGINAL
OFFENDER
1. Committed only by a public officer or notary public
who takes advantage of his official position.
2. If private individual is in conspiracy with offender, he
is guilty of this crime and incurs the same liability and
penalty as public officer.
INTENT TO GAIN OR PREJUDICE
1. The idea of gain or intent to cause damage to a third
person is not necessary.
2. It is the official character of the offender which is
mainly taken into consideration.
3. Interest of the community which is intended to be
guaranteed.
8thACT: INTERCALATING ANY INSTRUMENT OR NOTES
RELATIVE TO THE ISSUANCE THEREOF IN A PROTOCOL,
REGISTRY, OR OFFICIAL BOOK.
NOTES:
• Contemplates the changing of entries in records such
as the local civil registry.
• Malicious intent not necessary
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ART. 172. FALSIFICATION BY PRIVATE INDIVIDUAL AND
USE OF FALSIFIED DOCUMENTS
PUNISHABLE ACTS:
1. Falsification of public, official or commercial
document by private individual.
2. Falsification of private document by any person.
3. Use of falsified document in a judicial proceeding, or
to the prejudice of another in any other proceeding.
ELEMENTS OF ACT NO.1:
1. Offender: private individual or public officer not
taking advantage of position;
2. Committed any act of falsification under Art. 171; a.
Exception: Par.7 which by definition cannot be
committed by private individual/public officer not
taking advantage of position. —) authentication; and
3. On a public/official/commercial document.
ELEMENTS OF ACT NO.2:
1. Offender committed any of the acts of falsification;
2. On a private document; and
3. Damage to a third party or at least intent to cause
such damage.
a. Need not be material;
b. Damage to one's honor is included; and
c. Effect need not be to profit offender for as long
as it damaged another.
ELEMENTS OF ACT NO.3 (JUDICIAL PROCEEDING):
1. Offender knew document was falsified by another;
2. Document is embraced in Art. 171, or nos. 1 or 2 of
Art. 172; and
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ATENEO LAW
3. Introduced in evidence in judicial proceeding.
ELEMENTS OF ACT NO.3 (ANY OTHER PROCEEDING):
1. Offender knew document was falsified by another,
2. Embraced in Art. 171, or nos. 1 or 2 of Art. 172;
3. Used such document (not in judicial proceeding); and
4. Use caused damage to another or it was used with
intent to cause such damage.
DAMAGE OR INTENT TO DAMAGE A THIRD PARTY
1. Only necessary when falsifying private documents, or
using any falsified document in proceedings other
than judicial proceedings.
2. Not necessary when falsifying a public, official, or
commercial document.
3. Also not necessary when documents are used in
judicial proceedings.
FOUR KINDS OF DOCUMENTS
1. Public document
a. Issued by public official in response to the
exigencies of public service;
b. Public official intervened in execution; and
c. Authorized by a notary public or a competent
public official with required solemnities.
2. Official document
a. Issued by a public official in the exercise of the
functions of his office; and
b. All pleadings filed with the court are public or
official documents.
3. Commercial document
a. Defined and regulated by Code of Commerce;
b. Promote or facilitate trade; and
b. Cash disbursement vouchers included.
4. All other writings are private.
CRIMINAL LAW REVIEWER
PRIVATE DOCUMENTS CONSIDERED PUBLIC
1. Deed which was privately falsified, but then
presented to the notary public by the falsifier for
acknowledgment.
2. If private document becomes part of an official
record and is certified by a public officer duly
authorized by law.
PRESUMPTIONS
1. Possessor and utterer of a falsified document is
presumed to be the author of the falsification.
2. Especially if accused has sufficient and strong motive.
a. "The fact that petitioner benefitted and even
profited from the falsified notarized Release of Real
Estate Mortgage are strong indications that she
participated in the falsification of the same
document." 7
COMPLEXED WITH ESTAFA
1. There is a complex crime of falsification of a public,
official, or commercial document, with estafa.
2. There is no such complex crime if what is involved is a
private document.
a. Reason: To be punishable, falsified private
documents need to be accompanied by damage,
or intent to damage a third person. What would
be damage from an act constituting estafa actually
merely consummates the crime of falsification of a
private document.
b. Distinguish from a public document which needs
no damage to a third party to be
_________________________________________
7 Nierva v. People, G.R. No. 153133 (2006)
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punishable. Any damage resulting from such use of tile ART. 173. FALSIFICATION OF WIRELESS, CABLE,
document could be attributed to a separate crime such as TELEGRAPH, AND TELEPHONE MESSAGES, AND USE OF
estafa, because damage is not an element of falsification FALSIFIED MESSAGES
of a public document.
PUNISHABLE ACTS
DISTINGUISHING PRIVATE FROM PUBLIC DOCUMENT
1. Uttering fictitious messages
PRIVATE PUBLIC/OFFICIAL 2. Falsifying messages
Prejudice to a third party Principal thing punished is 3. Using falsified messages
is primarily taken Into the violation of public faith
account and the preservation of truth ELEMENTS OF ACTS NO.1 AND NO.2
which the document
solemnly proclaims 1. Offender is an officer or employee of Government, or
If such damage is not Immaterial whether or not of private corporation engaged in service of sending
apparent, or there is at some prejudice has been or receiving wireless, cable, or telephone messages
least no intention to caused to third persons. 2. The offender either
cause it, the falsification
a. Utters a fictitious message
is not punishable
ii. Falsifies a message

ELEMENTS OF ACT NO.3

NOTES:
• Falsification is consummated the moment the
genuine document is altered or the moment the false
document is executed.
• There may be a frustrated stage if falsification is
imperfect.
• Usage, which is not an element of falsification, is
punished separately from actual falsification.
o It cannot be deemed necessarily included in the
crime of falsification of a public document by a
public officer or employee or by a private person.
o May be a lesser offense.
1. Accused knew messages were falsified
2. Accused used such falsified dispatch
3. Resulted in prejudice of third party, or there was
intent to prejudice.
PRIVATE INDIVIDUAL
1. Cannot commit the first two acts by direct
participation unless he is an employee of a
corporation engaged in telecommunications services.
2. Can be held guilty as a principal by inducement, if he
induced such public or government employee to
perform punishable acts.
3. Connection with telecommunications network is not
necessary to commit third act. Any person can be
held liable for the use of falsified dispatch.

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NOTES: Current Telecommunication companies like
Globe, Sun, Smart are not contemplated by this article as
corporation engaged in sending or receiving messages
since no operator actually intervenes. They merely
provide the conduit to facilitate message exchange.
SECTION 5 — FALSIFICATION OF MEDICAL CERTIFICATES,
CERTIFICATES OF MERIT, SERVICE, AND THE LIKE
ART. 174 — FALSE MEDICAL CERTIFICATE, FALSE
CERTIFICATES OF MERIT OR SERVICE, ETC.
PERSONS LIABLE
1. Physician or surgeon, for falsifying a medical
certificate.
2. Public officer, for falsifying a certificate of merit,
service, good conduct, or other similar
circumstances.
3. Private individual, for falsifying any of the
documents mentioned in the first two acts.
"SIMILAR CIRCUMSTANCES"
1. Similar to merit, service, or good conduct.
2. Thus, certificates pertaining to ownership of
property are not included.
ART. 175 — USING OF FALSE CERTIFICATES
ELEMENTS
1. Crime in Art. 174 has been committed by another
person;
2. Offender knew of the falsified nature of the
certificate; and
3. Offender used such false certificate
CRIMINAL LAW REVIEWER
SCOPE
1. This article only applies to use of those falsified
documents covered by Art. 174.
2. This article applies, even if the falsified documents
were used in a judicial proceeding.
SECTION 6 — MANUFACTURING, IMPORTING, AND
POSSESSION OF INSTRUMENTS OR IMPLEMENTS
ART. 176 — MANUFACTURING AND POSSESSION OF
INSTRUMENTS OR IMPLEMENTS FOR FALSIFICATION
PUNISHABLE ACTS
1. Making or introducing into the country,
implements and instruments for
counterfeiting/falsification.
2. Possessing items made or imported by another
person, with intent to use the same.
a. Includes constructive possession; and
b. Either actual ownership or mere control.
IMPLEMENTS CONFISCATED
1. Not necessary that they form a complete set for
counterfeiting.
2. Enough that they may be employed by themselves
or together with other implements to commit the
crime of counterfeiting or falsification
PLEASE SEE SPL SECTION ON R.A. 9194: AN ACT
AMENDING REPUBLIC ACT NO. 9160, OTHERWISE
KNOWN AS THE “ANTI-MONEY LAUNDERING ACT OF
2001" especially on punishable acts, covered transactions,
suspicious transactions.
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Chapter 2: Other falsities ART. 178. USING FICTITIOUS NAME AND CONCEALING
TRUE NAME
SECTION 1 — USURPATION OF AUTHORITY, RANK, TITLE,
AND IMPROPER USE OF NAMES, UNIFORMS, AND PUNISHABLE ACTS
INSIGNIA
1. Using fictitious name; and
ART. 177. USURPATION OF AUTHORITY AND OFFICIAL 2. Concealing true name and other personal
FUNCTIONS circumstances.

PUNISHABLE ACTS ELEMENTS OF ACT NO.1

1. Usurpation of authority — knowingly and falsely 1. Offender uses a fictitious name;

representing oneself to be an officer, etc. 2. Such name is used publicly; and
a. Mere act of knowingly and falsely 3. Purpose is
representing oneself to be an officer, etc., is a. Conceal a crime;
sufficient. b. Evade execution of judgment; and
b. It is not necessary that he performs an act c. Causes damage to public interest.
pertaining to a public officer
ELEMENTS OF ACT NO.2
2. Usurpation of official functions — doing any act
pertaining to any public officer, etc. without being 1. Offender conceals true name and other personal
authorized to do so. circumstances; and
a. Essential that offender should have 2. Purpose is to conceal identity.
performed act pertaining to public officer.
Compare Fictitious Name and Concealing True Name
REPRESENTATION
FICTITIOUS NAME CONCEALING TRUE NAME
1. Must be positive, express, and explicit; Element of publicity must Publicity element not
2. Must represent officers named in article, and not just be present necessary
any authority figure; and 3 possible purposes: Only 1 purpose: conceal
3. Representation may be shown in acts, and not just conceal crime evade true identity
execution of a judgment,
words.
and cause damage to
public interest.
OFFENDERS

1. This article may be violated by both private and public

officers.

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ART. 179. ILLEGAL USE OF UNIFORMS OR INSIGNIA
ELEMENTS
1. Offender uses an insignia, uniform, or dress;
2. Such pertains to an office not held by offender or a
class of persons of which he is not a member; and
3. Used publicly and improperly.
INSIGNIA, UNIFORM, OR DRESS
1. Genuine insignia, uniform, or dress is not necessary.
Offender can wear an imitation and still be liable.
2. An exact imitation is not necessary, for as long as
there is a colorable resemblance calculated to
deceive the general public.
3. Must pertain to an actual officer or class of persons.
The person - is not liable if the insignia, uniform, or
dress pertains to an imaginary office or class.
SECTION 2 — FALSE TESTIMONY
ART. 180. FALSE TESTIMONY AGAINST A DEFENDANT
ELEMENTS
1. That there be a criminal proceeding;
2. Offender testifies falsely under oath against the
defendant therein;
3. Offender knows that it is false; and
4. The defendant against whom the false testimony is
given is either acquitted or convicted in a final
judgment.
FALSE TESTIMONY - committed by a person who, being
under oath and required to testify as to the truth of a
certain matter at a hearing before a competent authority,
shall deny the truth or say something contrary to it.
CRIMINAL LAW REVIEWER
NOTES:
• Violation of this article requires criminal intent.
Hence, it cannot be committed through negligence.
• The offender need not impute guilt upon the accused
to be liable.
• 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 depends upon sentence imposed on the
defendant except in the case of a judgment of
acquittal.
• Since Art. 180 does not prescribe the penalty where
the defendant in a criminal case is sentenced to a
light penalty, false testimony in case of a light penalty
cannot be punished, considering that a penal law
must always be strictly construed.
ART. 181. FALSE TESTIMONY FAVORABLE TO THE
DEFENDANT
NOTES:
• Testimony by negative statement is still in favor of
the defendant.
• False testimony in favor of defendant need not
directly influence the decision of acquittal nor benefit
the defendant. The intent to favor defendant is
sufficient.
• A statement of mere opinion is not punishable,
• Conviction or acquittal is not necessary (final
judgment is not necessary), but gravity of crime in
principal case should be shown.
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• Defendant who falsely testified in his own behalf in
criminal case is guilty of false testimony favorable to
the defendant
• Rectification made spontaneously after realizing
mistake is not false testimony.
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b. It must appear that the accused knows his
statement to be false or is consciously ignorant of
its truth [Monfort III., et. al., v. Salvatierra, G.R.
No. 168301(2007)]; and
4. That the information given is required by law.

ART. 182. FALSE TESTIMONY IN CIVIL CASES COMPETENT OFFICER

PUNISHABLE ACT 1. Person who has a right to inquire into the questions
presented to him under his jurisdiction; and
Giving false testimony in a civil case either for or against 2. No perjury if not competent authority.
the plaintiff or the defendant
REQUIRED BY LAW
ELEMENTS
1. There is a law requiring it OR
1. Testimony is given in a civil case; 2. The statement or document is made for legal
2. It is related to the issue presented; purposes.
3. The testimony is false; and 3. It is sufficient that the oath had been administered
4. It is given by any person who knows it to be false;
with a view of carrying into effect a legal purpose.
5. The testimony is malicious and with intent to affect
the issue. DEFINITION OF TERMS

ART. 183. FALSE TESTIMONY IN OTHER CASES AND 1. OATH — any form of attestation manifesting a
PERJURY IN SOLEMN AFFIRMATION commitment to perform an act faithfully and truthfully.
2. AFFIDAVIT — a sworn statement in writing made
PUNISHABLE ACTS before an authorized officer.
1. False testimony under oath in a proceeding other 3. MATERIAL MATTER — the main fact; the subject of
than judicial; and inquiry or circumstances which tends to prove the fact.
2. False affidavit. a. Legitimately affects the credit of any witness who
testifies; and
ELEMENTS b. Strengthens or corroborates testimonies.

1. Statement under oath or affidavit upon material MATERIALITY

matter;
2. Made before a competent officer authorized
administer such oath;
3. Willful and deliberate assertion of a falsehood;
a. Perjury cannot be willful where the oath is
according to belief or conviction as to its
truth[Judge Pimentel Notes, page 76];
1. There must be competent proof of the materiality of
the false testimony.
2. Matter must not simply be pertinent, that is, relating
to collateral matters which make more or less
probable the proposition at issue.

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3. It must be material, that is, directly proving or
disproving a fact at issue.
4. No perjury if false imputations in testimony or
affidavit were not on material matter.
SUBORNATION OF PERJURY
1. Knowingly and willfully procuring another to swear
falsely.
2. Not expressly punished in the revised penal code,
but offender may be liable as a principal by
inducement.
NOTE:
In U.S. v. Estrana, the Court found that perjury only
covers proceedings other than those taken in the course
of judicial proceedings. Thus, if there is a testimony in a
special proceeding, there is no false testimony under Art.
183.
However, the law says "not being included in the
provisions of the next preceding articles." The preceding
articles, Articles 180-182, cover judicial proceedings in
civil and criminal cases. Hence, it can be argued that
testimonies in special proceedings, like guardianship and
probate, not being civil or criminal in nature, are covered
even if done in court and under oath.
ART. 184. OFFERING FALSE TESTIMONY IN EVIDENCE
ELEMENTS
1. Offered in evidence false witness or testimony;
2. Offender knew of falsity; and
3. During judicial or official proceedings.
NOTES:
CRIMINAL LAW REVIEWER
• This 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 felony is consummated the moment a false witness
is offered in any judicial or official proceeding. Looking
for a false witness is not punished by law as that is not
offering a false witness.
• The false witness need not be convicted of false
testimony. A mere offer to present him is sufficient.
Chapter 3: Frauds
SECTION 1. — MACHINATIONS, MONOPOLIES, AND
COMBINATIONS
ART. 185. MACHINATIONS IN PUBLIC AUCTIONS
PUNISHABLE ACTS
1. Soliciting gift to refrain from taking part in
publication; and
2. Attempting to cause bidders to stay away from an
auction
ELEMENTS OF ACT NO.1
1. Public auction;
2. Accused solicited gifts/promise of gifts;
3. In consideration of refraining from taking part in the
auction; and
4. Intent is to cause reduction of the price of the thing
auctioned.
ELEMENTS OF ACT NO.2
1. Public auction;
2. Offender: attempted to cause the bidders to stay
away;
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3. Means: threats, gifts, promises or any other artifice;
and
4. Intent: reduction of price of thing auctioned.
ACTS ARE FORMAL CRIMES
1. It is not required that the person making proposal
actually refrains from taking part in any publication.
The crime is committed by mere solicitation.
2. It is not required that the person accept the offer or
gift. The crime is consummated by mere offering of the
gift or promise in consideration of refraining to take
part.
SECTION 2. — FRAUDS
ART. 187. IMPORTATION AND DISPOSITION OF FALSELY
MARKED ARTICLES OR MERCHANDISE MADE OF GOLD,
SILVER, OR OTHER PRECIOUS METALS OR ALLOYS
ARTICLES OF MERCHANDISE INVOLVED
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2. If one is charged with importation, there must be proof
that item was in fact imported.
OFFENDER
1. Those who import, sell, or dispose items.
2. This article is not applicable to the manufacturer of
articles of gold, silver, etc. He is liable for estafa.
ARTICLES 188-189 HAVE BEEN REPEALED BY THE
INTELLECTUAL PROPERTY CODE,PLEASE SEE SPL
REVIEWER ON THE INTELLECTUAL PROPERTY CODE.
V. Crime Relative to Opium and
Other Prohibited Drugs
PLEASE SEE THE SPL SECTION ON R.A. 9165, ITS IRR
1. Crimes Against Public Morals

1. Gold; PLEASE SEE SPL SECTION ON P.D. 1602. PRESCRIBING

2. Silver; STIFFER PENALTIES IN ILLEGAL GAMBLING (Repealed Art.
3. Precious metals; and 195-199 RPC, P.D. 483 Betting Law, and P.D. 449
4. Alloys. Cockfighting Law insofar as they are inconsistent with it).

ELEMENTS Chapter 1: Gambling and Betting

1. Offender imports, sells, or disposes item; DEFINITION OF TERMS

2. Stamps, brands, or marks fail to indicate the actual
fineness or quality; and
3. Offender knows of such failure to indicate.
SELLING, DISPOSING, AND IMPORTING
1. It is not necessary that such items are actually sold and
public actually deceived, before one can be liable under
this article.
GAMBLING — any game or scheme, whether upon
chance or skill wherein wagers consisting of money,
articles or value or representative of value are at stake or
made.
MAINTAINER — person who sets up and furnishes the
means with which to carry on the gambling game or
scheme.

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CONDUCTOR — person who manages or carries on the
gambling game or scheme.
PLEASE SEE SPL REVIEWER ON P.D. 1602, R.A. 9287
ELEMENTS — KNOWINGLY PERMITTING GAMBLING TO
BE CARRIED ON IN A PLACE OWNED OR CONTROLLED BY
THE OFFENDER:
1. That a gambling game was carried on in an
inhabited or uninhabited place or in any building,
vessel or other means of transportation;
2. That the place, building, vessel or other means of
transportation is owned or controlled by the
offender; and
3. That the offender permitted the carrying on of
such game, knowing that it is a gambling game.
LOTTERY — Scheme for the distribution of prizes by
chance among persons who have paid, or agreed to pay a
valuable consideration for the chance to obtain a prize.
ELEMENTS — LOTTERY:
1. Consideration;
2. Chance; and
3. Prize/advantage/inequality in amount or value which
is in the nature of prize.
ILLEGAL NUMBER GAMES — any form of illegal gambling
activity which uses numbers or combinations thereof as
factors in giving out jackpots/prizes/returns. It includes
games such as jueteng and masiao.
NOTE: R.A. 9287 increased penalties for illegal number
games, amending certain provisions of P.D. 1602.
ART. 196. IMPORTATION, SALE AND POSSESSION OF
LOTTERY TICKETS OR ADVERTISEMENTS
CRIMINAL LAW REVIEWER
PUNISHABLE ACTS:
1. By importing into the Philippines from any foreign
place or port any lottery ticket or advertisement.
2. By selling or distributing the same in connivance
with the importer.
3. By possessing, knowingly and with intent to use,
lottery tickets or advertisements.
4. By selling or distributing the same without
connivance with the importer.
NOTES:
• The possession of any lottery ticket or advertisement
is prima facie evidence of intent to sell, distribute or
use the same.
• The lottery tickets need not be genuine, as long as
they have the appearance thereof.
PLEASE SEE SPL REVIEWER ON P.D. No. 483 BETTING,
GAME-FIXING OR POINT-SHAVING AND MACHINATIONS
IN SPORT CONTESTS (Repealed Art. 197)
ART. 198. ILLEGAL BETTING ON HORSE RACES
PUNISHABLE ACTS: (DURING PERIODS NOT ALLOWED BY
LAW)
1. By betting on horse races; and
2. By maintaining or employing a totalizer or other
device or scheme for betting on races or realizing
profit therefrom.
TOTALIZER — machine for registering and indicating the
number and nature of bets made on horse races.
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NOTES:

• The penalty is higher for a person who employs a

totalizer or other device.
• Horse races are not allowed on: (a) June 12th of
each year, (b) Dec 30th of each year, (c) Any
registration or voting days and (d) Holy Thursday
and Good Friday.
• The race held on the same day and at the same
place is punishable as a separate offense.
• No liability if there is no betting or use of
totalizer.

PLEASE SEE SPL REVIEWER ON P.D. 449 COCKFIGHTING

LAW of 1974 (Repealed Art. 199)

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Chapter 2: Offenses Against Decency and Good Customs
ART. 200. GRAVE SCANDAL
ELEMENTS:
1. That the offender performs an act/s;
2. That such acts be highly scandalous as offending
against decency or good customs;
3. That the highly scandalous conduct does not
expressly fall within any other article of the RPC; and
4. That the acts complained of be committed in a public
place or within the public knowledge or view.
GRAVE SCANDAL — consists of acts which are offensive
to decency and good customs which, having been
committed publicly and thus, give rise to public scandal
to persons who have accidentally witnessed the acts.
DECENCY — propriety of conduct; proper observance of
the requirement of modesty, good taste, etc.
CUSTOMS — established usage, social conventions
carried on by tradition and enforced by social disapproval
of any violation thereof.
NOTES:
• The public view is not required. It is sufficient if
committed in public place.
• For being committed within the public knowledge, it
may occur even in a private place; the number of
people who sees it is not material, except when
seen by only one other person at night, thus
negating the degree of publicity required.
CRIMINAL LAW REVIEWER
• 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.
ART. 201. IMMORAL DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS AND INDECENT
SHOWS
PERSONS LIABLE:
1. Those who publicly expound or proclaim doctrines
openly 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 in theaters, fairs, cinemas or any other
place.
6. Those who sell, distribute, or exhibit prints,
engraving, sculptures or literature, which are
offensive to morals.
"OBSCENE LITERATURE OR IMMORAL OR INDECENT
PLAYS, SCENES OR ACTS":
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;
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3. Those w/c offend against any race or religion;
4. Those w/c tend to abet the traffic and the use of
prohibited drugs; and
5. Those that are contrary to law, public order, morals,
good customs, established policies, lawful orders,
decrees and edicts.
TEST OF OBSCENITY:
Whether the matter has a tendency to deprave or
corrupt those whose minds are open to such immoral
influences. A matter can also be considered obscene if it
shocks the ordinary and common sense of men as
indecency. (US V. Kottinger, 45 Phil. 3521
OBSCENE — something offensive to chastity, decency or
delicacy
NOTES:
• Publicity is an essential element.
• Mere nudity in paintings and pictures is not obscene.
• Pictures w/ slight degree of obscenity having no
artistic value and being intended for commercial
purposes fall within this article.
• The author of obscene literature is liable only when it
is published with his knowledge. And in every case,
the editor publishing it, is liable.
• Dissemination of obscene material is necessary, but
the number of times it is passed on is immaterial.
Once is enough.
• The purpose of the law in punishing obscene
publications and exhibitions is to protect the morals
of the public.
CRIMINAL LAW REVIEWER
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ART. 202. VAGRANTS AND PROSTITUTES
NOTE: R.A. 10158 has decriminalized vagrancy by
amending Art. 202 to punish prostitutes only. Upon
effectivity, all pending cases shall be dismissed, and all
those serving time for vagrancy shall be released.
PROSTITUTES - Women who habitually indulge in (1)
sexual intercourse or (2) lascivious conduct, for money or
profit.
PLEASE SEE SPL REVIEWER ON R.A. 9208. ANTI-
TRAFFICKING IN PERSONS ACT OF 2003; PUNISHABLE
ACTS
VII. Crimes Committed by Public Officers
Chapter 1: Preliminary Provisions
ART. 203. WHO ARE PUBLIC OFFICERS
REQUISITES:
To be a public officer, one must be –
1. Taking part in the performance of public functions in
the Government, or performing public duties as an
employee, agent or subordinate official, of any rank
or class, in the government or any of its branches;
and
2. That his authority to take part in the performance of
public functions or to perform public duties must be
–
a. By direct provision of the law, or
b. By popular election, or
c. By appointment by competent authority.
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NOTES: 2. Indirect bribery.

• Public officers include every public servant from the SECTION 1. — DERELICTION OF DUTY
lowest to the highest rank provided that they
exercise public functions. ART. 204. KNOWINGLY RENDERING AN UNJUST
• A government laborer is not a public officer. JUDGMENT
However, temporary performance by a laborer of ELEMENTS:
public functions makes him a public officer.
1. That the offender is a judge;
Chapter 2: Malfeasance and Misfeasance in Office 2. That he renders a judgment in the case
submitted to him for decision;
Compare Malfeasance v. Misfeasance v. Non-Feasance 3. That the judgment is unjust; and
4. That the judge knows that the decision is unjust.
MALFEASANCE Performance of some act
which ought not to be NOTES:
done
MISFEASANCE Improper performance of • A judgment is a final consideration and
some act which might determination by a court of competent jurisdiction
lawfully be done
of the issues submitted to it in an action or
NONFEASANCE Omission of an act which
ought to be performed proceeding.
• An unjust judgment is one which is contrary to law,
or not supported by the evidence, or both.
FELONIES COVERED: • No liability if error in good faith
• An unjust judgment may result from:
MISFEASANCE:
1. Error (with bad faith);
1. Knowingly rendering unjust judgment; 2. or revenge; and
2. Rendering judgment through negligence; 3. Bribery,
3. Rendering unjust interlocutory order; and
NOTES:
4. Malicious delay in the administration of justice.
• There must be evidence that the decision rendered
NONFEASANCE:
is unjust. It cannot be presumed.
1. Dereliction of duty in prosecution of offenses. • Abuse of discretion or mere error of judgment
cannot likewise serve as basis for rendering an
MALFEASANCE: unjust judgment in the absence of proof or an
allegation of bad faith.
1. Direct bribery; and

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ART. 205. JUDGMENT RENDERED THROUGH ELEMENTS:
NEGLIGENCE
1. That the offender is a judge;
ELEMENTS: 2. That there is a proceeding in his court;
3. That he delays the administration of justice; and
1. That the offender is a judge; 4. That the delay is malicious, that is, the delay is
2. That he renders judgment in a case submitted to caused by the judge with deliberate intent to inflict
him for decision; damage on either party in the case.
3. That the judgment is manifestly unjust; and
4. That it is due to inexcusable negligence or NOTES: Mere delay without malice is not punishable.
ignorance.
ART. 208. PROSECUTION OF OFFENSES; NEGLIGENCE
MANIFESTLY UNJUST JUDGMENT —manifestly contrary AND TOLERANCE
to law that even a person having meager knowledge of
law cannot doubt the injustice. PUNISHABLE ACTS:

ART. 206. UNJUST INTERLOCUTORY ORDER
ELEMENTS:
1. That the offender is a judge; and
2. That he performs any of the following acts:
a. Knowingly renders an unjust interlocutory
order or decree, or
b. 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.
ART. 207. MALICIOUS DELAY IN THE ADMINISTRATION
OF JUSTICE
• By maliciously refraining from instituting prosecution
against violators of the law; and
• By maliciously tolerating the commission of offenses
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 the prosecution of the criminal or knowing that a
crime is about to be committed he tolerates its
commission; and

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3. That the offender acts with malice and deliberate
intent to favor the violator of the law.
NOTES:
1. PREVARICACION is the negligence in the prosecution
and tolerance in commission of an offense.
2. There must be a duty on the part of the public officer
to prosecute or move for the prosecution of the
offender. However, a fiscal is under no compulsion to
tile an information based upon a complaint if he is
convinced that the evidence before him is insufficient
to warrant filing an action in court.
3. The crime must be proved first before an officer can
be convicted of dereliction of duty. If the guilt of the
law-violator is not proved, the person charged with
the dereliction of duty is not liable.
4. "Maliciously" signifies deliberate evil intent; a
dereliction of duty caused by poor judgment or
honest mistake is not punishable.
5. 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.
6. If gift/promise is a consideration for his conduct, the
crime is direct bribery under Art. 210.
ART. 209. BETRAYAL OF TRUST BY AN ATTORNEY OR
SOLICITOR — REVELATION OF SECRETS
CRIMINAL LAW REVIEWER
PUNISHABLE ACTS:
1. Causing damage to client either:
a. By any malicious breach of professional duty,
or
b. By inexcusable negligence or ignorance. -
Damage is necessary.
2. Revealing any of the secrets of his client learned by
him in his professional capacity. - Damage is NOT
necessary.
3. Undertaking the defense of the opposing party in the
same case, without the consent of his 1st client, after
having 'undertaken the defense of a client or having
received confidential information from said client.
SECTION 2. — BRIBERY
ART. 210. DIRECT BRIBERY
PUNISHABLE ACTS:
1. By agreeing to perform, or by performing, in
consideration of any offer, promise, gift or present-
an act constituting a crime, in connection with the
performance of his official duties.
- Acceptance of the offer or promise is enough
to consummate the crime. 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 be capable of
pecuniary estimation. It
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could be in the form of money, property or services. BRIBERY EXISTS WHEN THE GIFT IS:

2. By accepting a gift in consideration of the execution of 1. Voluntarily offered by a private person;

an act which does not constitute a crime in connection
with the performance of his official duty.
3. By agreeing to refrain, or by refraining, from doing
something which it is his official duty to do, in
consideration of a gift or promise.
ELEMENTS:
2. Solicited by the public officer and voluntarily
delivered by the private person; and
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. The crime by the
giver is not corruption of public officials due to his
involuntariness.

1. That the offender be a public officer; Compare Direct Bribery v. Prevaricacion

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 –
a. a.With a view to committing some crime;
OR
b. b.ln consideration of an execution of an act
which does not constitute a crime, but the
act must be unjust;
OR
c. To refrain from doing something which is his
official duty to do; and 4 That the act which
the offender agrees to perform or which he
executes be connected with the performance
of his official duties.
DIRECT BRIBERY, 3rd Par. PREVARICACION ART. 208
Both consist of omissions to do an act required to be
performed
A gift or promise is given No Necessary
in consideration of the
omission
ADDITIONAL ELEMENT
FOURTH ELEMENT: The act which the public officer
agrees to perform must be connected with the
performance of official duties. It is enough that the act is
part of the established procedure of a governmental
agency.
Bribery and Robbery, Distinguished

TEMPORARY PERFORMANCE OF PUBLIC FUNCTIONS BRIBERY (ART. 210) ROBBERY (ART. 294)
When the victim has When the victim did not
MAKE THE PERSON A PUBLIC OFFICER
committed a crime and commit a crime and he is
For purposes of this article, temporary performance of gives money/gift to avoid intimidated with arrest
arrest or prosecution. and/or prosecution to
public functions is sufficient to constitute a person a
deprive him of his personal
public officer. A private person may commit this crime property.
only in the case in which custody of prisoners is entrusted
to him

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Victim parts with his Victim is deprived of his act he accepts gifts by reason
money or property money or property by force of his office.
voluntarily. or intimidation.

ART. 211-A. QUALIFIED BRIBERY

ART. 211. INDIRECT BRIBERY
ELEMENTS:
ELEMENTS:
1. That the offender is a public officer entrusted with law
1. That the offender is a public officer; enforcement;
2. That he accepts gifts; and
3. That the said gifts are offered to him by reason of his 2. That he refrains from arresting/ prosecuting an
office. offender for crime punishable byreclusion perpetua
and/or death and
NOTES:
3. In consideration of any offer, promise or gift.
• The article uses the words "gift" and not "promise,"
and "accept", not just "receive". COMPARE DERELECTION OF DUTY IN THE PROSECUTION
• The gift is given in anticipation of future favor from OF OFFENSES V. QUALIFIED BRIBERY
the public officer.
ART. 208 DERELICTION OF ART. 211 A. QUALIFIED
• There must be clear intention on the part of the DUTY IN THE PROSECUTION BRIBERY
public officer to take the gift offered and consider OF OFFENSES
the property as his own for that moment. Mere Person liable under this Person liable under this
physical receipt unaccompanied by any other sign, article is a public officer or article entrusted with law
circumstance or act to show such acceptance is not officer of the law who has a enforcement
sufficient to convict the officer. duty to cause the
prosecution of, or to
• There is no attempted or frustrated indirect
prosecute offenses
bribery. • By maliciously By refraining from
refraining from arresting/ prosecuting an
Compare Direct Bribery v. Indirect Bribery
instituting prosecution offender for crime
against violators of the punishable by reclusion
DIRECT BRIBERY INDIRECT BRIBERY
law; and perpetua and/or death
In both, public officer receives a gift
• By maliciously
There is an agreement Usually no such agreement.
tolerating the
between the officer and
commission of offense
the giver.
Officer agrees to perform Not necessary that the
or refrain from doing an officer do an act, as long as

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ART. 212. CORRUPTION OF PUBLIC OFFICIALS
ELEMENTS:
1. That the offender makes offers or promises or gives
gifts or presents to a public officer; and
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.
NOTES:
• The offender is the giver of the gift or the offeror of
the promise. The act may or may not be
accomplished.
• Under P.D. 749, givers of bribes and other gifts as
well as accomplices in bribery and other graft cases
are immune from prosecution if they voluntarily give
any information about any commission of direct,
indirect, and qualified bribery, and any corruption of
public officials, provided that:
1. The information must refer to consummated
violations of any of the above-mentioned
provisions of law, rules and regulations;
2. Information and testimony are necessary for
the conviction of the accused public officer;
3. Such information and testimony are not in
possession of the State;
4. Such information and testimony can be
corroborated on its material points; and
5. Informant or witness has not been previously
convicted of a crime involving moral
turpitude.
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PLEASE SEE SPL REVIEWER ON R.A. NO. 3019 ANTI-GRAFT
AND CORRUPT PRACTICES ACT
Chapter 3: Frauds and illegal transactions and exactions
ART. 213. FRAUDS AGAINST THE PUBLIC TREASURY AND
SIMILAR OFFENSES
A. FRAUDS AGAINST PUBLIC TREASURY
ELEMENTS:
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; and
4. That the accused had intent to defraud the
government.
NOTES:
• The public officer must act in his official capacity.
• The felony is consummated by merely entering
into an agreement with any interested party or
speculator or by
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merely making use of any scheme to defraud the
Government.
B. ILLEGAL EXACTIONS ELEMENTS:
1. The offender is a public officer entrusted with the
collection of taxes, licenses, fees and other imposts;
and
2. That he is guilty of any of the following acts or
omissions:
a. Demanding, directly or indirectly the payment of
sums different from or larger than those
authorized by law,
Or
b. Failing voluntarily to issue a receipt, as provided
by law, for any sum of money collected by him
officially, or
c. 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:
• Mere demand of a larger or different amount is
sufficient to consummate the crime. The essence is
the improper collection and damage to the
government is not required.
• 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.
• When there is deceit in demanding larger fees, the
crime committed is estafa.
CRIMINAL LAW REVIEWER
• This felony may be complexed with malversation. Ex.
A tax collector who collected a sum larger than that
authorized by law and spent all of them is guilty of
two crimes, namely: (1) illegal exaction, for
demanding a greater amount; and (2) malversation
for misappropriating the amount collected.
• Officers and employees of the BIR or Bureau of
Customs are not covered by this article, since they
are covered by the NIRC or the Administrative Code.
ART. 214. OTHER FRAUDS
ELEMENTS:
1. That the offender is a public officer;
2. That he takes advantage of his official position; and
3. That he commits any of the frauds or deceits
enumerated in Arts. 315 and 316. (estafa, swindling)
NOTES: The penalty under this Article is in addition to the
penalties prescribed in the articles violated.
ART 215. PROHIBITED TRANSACTIONS
ELEMENTS:
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; and
4. That he becomes interested in the transaction
during his incumbency.
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NOTES:
• The transaction must be of exchange or speculation.
• 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 -) for gain or profit and
not merely as investment
• 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.
ART. 216. POSSESSION OF PROHIBITED INTERESTS BY A
PUBLIC OFFICER
PERSONS LIABLE:
1. Public officer who became interested in any contract
or business in which it is his official duty to intervene.
2. Experts, arbitrators and private accountants who
took part 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:
• Actual fraud is not necessary.
• Intervention must be by virtue of public office held.
• 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 of
the party which he represents.
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• Constitutional prohibitions exist
- Member of the Congress: cannot personally
appear as counsel; cannot be interested
financially in any franchise or special
privilege granted by government; cannot
intervene in any matter before office of
Government;
- Executive — cannot hold any other office;
and
- Constitutional Commissions — cannot hold
any other office, or engage in practice of
profession or management of business, or
be financially interested in a contract with
or franchise/privilege by the government
Chapter 4: Malversation of Public Funds or Property
ART. 217. MALVERSATION OF PUBLIC FUNDS OR
PROPERTY
ELEMENTS:
1. That the offender be a public officer (or private
person if entrusted with public funds or if in
connivance with public officers);
2. That he had the custody or control of funds or
property (if not accountable for the funds, crime
committed is theft or qualified theft);
3. That those funds or property were public funds or
property (even if private funds, they become public
if attached, seized, deposited or commingled with
public funds); and
4. That he:
a. Appropriated the funds or property;
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b. Took or misappropriated them; or • Depository or administrator of public funds or
c. Consented or, through abandonment or negligence, property.
permitted any other person to take such public
NOTES:
funds or property.
• When malversation is not committed through
NOTES:
negligence, lack of criminal intent or good faith is a
• It is not necessary that the offender profited by his defense.
malversation. His being remiss in the duty of • The failure of a public officer to have any duly
safekeeping public funds violates the trust reposed. forthcoming public funds or property upon demand,
• Public funds taken need not be misappropriated. by any authorized officer, shall be prima fade
• It can be committed either with malice or through evidence that he has put such missing funds or
negligence or imprudence although the penalty is property to personal use. However, if at the very
the same. Negligence of the accountable public moment when the shortage is discovered, the
officer must be positively and clearly shown to be accountable officer is notified, and he immediately
inexcusable. pays the amount from his pocket, the presumption
• In determining whether the offender is a public does not arise.
officer, what is controlling is the nature of his of and • Returning the embezzled funds is not an exempting
not the designation - contemplates public officer circumstance but only mitigating.
who receives money or property from government • A person whose negligence made possible the
for which he is bound to account, must have commission of malversation by another can be held
authority to collect or receive. liable as a principal by indispensable cooperation.
• The funds or property must be received in an official
capacity. Otherwise, the crime committed is estafa. COMPARE MALVERSATION V. ESTAFA WITH ABUSE OF
CONFIDENCE
CIRCUMSTANCES MAKING A PRIVATE INDIVIDUAL
LIABLE MALVERSATION (ART. 217) ESTAFA WITH ABUSE OF
CONFIDENCE (ART. 315)
• when they are in conspiracy with public officers; Funds or property usually Funds/property are always
• when they have charge of national, provincial or public private
Offender is usually a public Offender is a private
municipal funds, revenues or property in any
officer who is accountable individual or even a public
capacity; for the public officer who is not
• Those who are accessory or accomplice to a public funds/property accountable for
officer; and

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public funds/property ART. 219. FAILURE OF A RESPONSIBLE PUBLIC OFFICER
Crime is committed by Crime is committed by TO RENDER ACCOUNTS BEFORE LEAVING THE COUNTRY
appropriating, taking, or misappropriating,
misappropriating/ converting, or denying ELEMENTS:
consenting, or through having received money,
abandonment or goods or other personal 1. That the offender is a public officer,
negligence, permitting any property 2. That he must be an accountable officer for public
other person to take the funds or property; and
personal property public 3. That he must have unlawfully left (or be on the point
funds/property
of leaving) the Philippines without securing from the
Commission on Audit a certificate showing that his
• The fact that the obligation to deposit the collections of accounts have been finally settled.
the City Treasurer's Office is not covered by appellant's
NOTES: The act of leaving the Philippines must be
official job description is of no legal consequence in a
unauthorized or not permitted by law.
prosecution for Malversation. What is essential is that
appellant had custody or control of public funds by ART. 220. ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY
reason of the duties of his office [People v. Hipol, 454 (TECHNICAL MALVERSATION)
Phil. 679 (2003)]
ELEMENTS OF TECHNICAL MALVERSATION:
ART. 218. FAILURE OF ACCOUNTABLE OFFICER TO
RENDER ACCOUNT 1. That the offender is a public officer;
2. That there is public fund or property under his
ELEMENTS: administration;
3. That such public fund or property has been
1. That the offender is a public officer, whether in the
appropriated by law or ordinance (without this, it is
service or separated therefrom;
simple malversation); and
2. That he must be an accountable officer for public
4. That he applies the same to a public use other than
funds or property;
for which such fund or property has been
3. That he is required by law or regulation to render
appropriated by law or ordinance.
accounts to the Commission on Audit, or to a
provincial auditor; and NOTES:
4. That he fails to do so for a period of two months
after such accounts should be rendered. • To distinguish this article with Art. 217 (malversation),
in illegal use of public funds or property, the offender
NOTES: Demand and misappropriation are not necessary. does not

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derive any personal gain, the funds are merely devoted to
some other public use.
• Absence of damage is only a mitigating circumstance.
• Criminal intent is not an element of technical
malversation. The law punishes the act of diverting
public property earmarked by law or ordinance for a
particular public purpose to another public purpose.
The offense is mala prohibita, meaning that the
prohibited act is not inherently immoral but becomes
a criminal offense because positive law forbids its
commission based on considerations of public policy,
order, and convenience. It is the commission of an
act as defined by the law, and not the character or
effect thereof that determines whether or not the
provision has been violated. Hence, malice or
criminal intent is completely irrelevant. [Arnold
James M. Ysidoro v. People of the Philippines, G.R.
No. 192330, November 14, 2012]
Illegal use of Funds or Property and Malversation,
Distinguished
ILLEGAL USE OF FUNDS OR MALVERSA TION (ART. 217)
PROPERTY (ART. 220)
Offender is an accountable public officers.
Offender does not derive Offender in certain cases
any personal gain or profit. profits from the proceeds
of the crime.
The public fund or property The public fund or property
is applied to another public is applied to personal use.
use.
CRIMINAL LAW REVIEWER
ART. 221. FAILURE TO MAKE DELIVERY OF PUBLIC
FUNDS OR PROPERTY
PUNISHABLE ACTS:
1. By failing to make payment by a public officer who is
under obligation to make such payment from
Government funds in his possession; and
2. By refusing to make delivery by a public officer who
has been ordered by competent authority to deliver
any property in his custody or under his
administration (must be malicious).
ELEMENTS OF FAILURE TO MAKE PAYMENT:
1. That the public officer has government funds or
property in his possession;
2. That he is under obligation to either:
a. make payment from such funds, or
b. to deliver property in his custody or
administration when ordered by competent
authority; and
3. That he maliciously fails or refuses to do so.
NOTES: Penalty is based on value of funds/property to be
delivered.
ART. 222. OFFICERS INCLUDED IN THE PRECEDING
PROVISIONS
PERSONS LIABLE UNDER ART. 217 TO 221:
1. Private individual who, in any capacity, have charge
of any national, provincial or municipal funds,
revenue, or property. Example: a withholding tax
agent
2. Administrator or depositary of funds or property
that has been attached, seized or
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deposited by public authority, even if owned by a private
individual.
NOTES:
• Sheriffs and receivers fall under the term
"administrator."
• Judicial administrator not covered by this article.
(Appointed to administer estate of deceased and
not in charge of property attached, impounded or
placed in deposit by public authority).
• Private property is included if it is attached, seized
or deposited by public authority.
Chapter 5: Infidelity of Public Officers
SECTION 1. — INFIDELITY IN THE CUSTODY OF
PRISONERS
ART. 223. CONNIVING WITH OR CONSENTING TO
EVASION
ELEMENTS:
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; and
4. That he was in connivance with the prisoner in the
latter's escape.
DETENTION PRISONER - A person becomes a detention
prisoner from the moment he is booked. This refers to the
accomplishment of the booking sheet and filling out of a
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form where he is finger printed. From that time on, he is
already a detention prisoner even if he is not yet
incarcerated.
• 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 constitutes 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.
ART. 224. EVASION THROUGH NEGLIGENCE
ELEMENTS:
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; and
3. That such prisoner escapes through his negligence.
NOTES:
• 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 him complete exculpation.
• The liability of an escaping prisoner:
a. if he is a prisoner by final judgment, he is
liable for evasion of service (Art. 157); and
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b. if he is a detention prisoner, he does not incur
criminal liability (unless he cooperated with the
offender).
• The negligent public officer suffers the same penalty
regardless of whether the prisoner is a convict or
merely a detention prisoner.
ART. 225. ESCAPE OF PRISONER UNDER THE CUSTODY
OF A PERSON NOT A PUBLIC OFFICER
1. That the offender is a private person;
2. That the conveyance or custody of a prisoner or
person under arrest is confided to him (He has
custody);
3. That the prisoner or person under arrest escapes;
and
4. That the offender consents to the escape of the
prisoner or person under arrest, or that the
escape takes place through his negligence.
NOTES: This article is not applicable if a private person
made the arrest and he consented to the escape of the
person he arrested.
SECTION 2. — INFIDELITY OF THE CUSTODY OF
DOCUMENTS
ART. 226. REMOVAL, CONCEALMENT, OR DESTRUCTION
OF DOCUMENTS
ELEMENTS OF INFIDELITY IN CUSTODY OF DOCUMENTS:
1. That the offender be a public officer;
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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; and
4. That damage, whether serious or not, to a third
party or to the public interest should have been
caused.
NOTES:
• The document must be complete and one by
which a right could be established or an
obligation could be extinguished. • "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:
a. tamper with it,
b. to profit by it, or
c. to commit any act constituting a breach
of trust in the official care thereof.
• Removal is consummated upon removal or
secreting away of the document from its usual
place. It is immaterial whether or not
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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.
ART. 227. OFFICER BREAKING SEAL
ELEMENTS:
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; and
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.
ART. 228. OPENING OF CLOSED DOCUMENTS
ELEMENTS:
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; and
4. That he does not have proper authority.
NOTES:
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• "Custody" means guarding or keeping safe care.
• Damage or intent to cause damage is not
necessary.
SECTION 3. — REVELATION OF SECRETS
ART. 229. REVELATION OF SECRETS BY AN OFFICER
ELEMENTS OF PAR. 1 (SECRETS KNOWN 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; and
4. That damage, great or small, be caused to the
public interest.
NOTES:
• Secret must affect public interest not secrets of a
private individual.
• 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 (WRONGFULLY DELIVERING
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. 5. That the delivery is wrongful; and
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6. That damage be caused to public interest.
NOTES:
• 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.
• If the papers contain secrets which should not be
published, and the public officer having charge thereof
removes and delivers them wrongfuily 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.
• Damage is essential to the act committed.
ART. 230. PUBLIC OFFICER REVEALING SECRETS OF
PRIVATE INDIVIDUAL
ELEMENTS:
1. That the offender is a public officer;
2. That he knows of the secret of a private individual
by reason of his office; and
3. That he reveals such secrets without authority or
justifiable reason.
NOTES:
• 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.
CRIMINAL LAW REVIEWER
Chapter 6: Other offenses or irregularities by Public
Officers
SECTION 1. — DISOBEDIENCE, REFUSAL OF ASSISTANCE,
AND MALTREATMENT OF PRISONERS
ART. 231. OPEN DISOBEDIENCE
ELEMENTS:
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;
and
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.
ART. 232. DISOBEDIENCE TO ORDER OF SUPERIOR
OFFICER; WHEN SAID ORDER WAS SUSPENDED BY
INFERIOR OFFICER
ELEMENTS:
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; and 5. That the offender
disobeys his superior despite the disapproval of the
suspension.
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NOTES: A public officer is not liable if the order of the
superior is illegal.
ART. 233. REFUSAL OF ASSISTANCE
ELEMENTS:
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;
and
3. That the offender fails to do so maliciously.
NOTES:
• This felony involves a request from one public
officer to another.
• Damage to the public interest or third party is
essential.
• Demand is necessary.
• Demand must be from competent authority.
ART. 234. REFUSAL TO DISCHARGE ELECTIVE OFFICE
ELEMENTS:
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.
NOTES:
• If the elected person is disqualified, his refusal to be
sworn in or to discharge the duties of the office is
justified.
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• Refusal to discharge the duties of an appointive
office is not covered by this article.
ART. 235. MALTREATMENT OF PRISONERS
ELEMENTS:
1. That the offender is a public officer or employee;
2. That he has charge of a prisoner or detention
prisoner (otherwise the crime is physical injuries);
and
3. That he maltreats such prisoner in either of the
following manners:
a. by overdoing himself in the correction or
handling of a prisoner or detention prisoner
under his charge either —
i. by the imposition of punishments not
authorized by the regulations, or
ii. by inflicting such punishments (those
authorized) in a cruel and humiliating
manner, or
b. by maltreating such prisoner to extort a
confession or to obtain some information from
the prisoner.
NOTES:
• The public officer must have actual charge of the
prisoner in order to be held liable (not merely by
legal fiction).
• Offended party must be a: (1) convict by final
judgment, or (2) detention prisoner.
• Maltreatment should not be due to personal
grudge, otherwise, liable for physical injuries
only.
• Offender may also be held liable for physical
injuries or damage caused. (Penalty provided in
Article 235 is
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imposed in addition to penalty for injury or damage
caused)
SECTION 2. — ANTICIPATION, PROLONGATION AND
ABANDONMENT OF THE DUTIES AND POWERS OF
PUBLIC OFFICE
ART. 236. ANTICIPATION OF DUTIES OF A PUBLIC OFFICE
ELEMENTS:
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; and
4. That he has not taken his oath of office and/or
given the bond required by law.
ART. 238. ABANDONMENT OF OFFICE OR POSITION
ELEMENTS:
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; and
4. That he abandons his office to the detriment of the
public service.
NOTES:
• 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 (e.g. treason, espionage), in which case,
the penalty is higher.

ART. 237. PROLONGING PERFORMANCE OF DUTIES AND ABANDONMENT OF OFFICE OR POSITION AND
POWERS DERELICTION OF DUTY, DISTINGUISHED
ELEMENTS: ABANDONMENT OFFICE OR DERELICTION OD DUTY
1. That the offender is holding a public office; POSITION (ART. 208) (ART. 208)
2. That the period provided by law, regulations or Committed by any public Committed only by public
special provisions for holding such office has officer officers who have the
already expired; and duty to institute
3. That he continues to exercise the duties and prosecution
powers of such office. There is actual Public officer does not
abandonment through abandon his office but
NOTES: Officers contemplated are those who have been resignation to evade the merely fails to prosecute a
suspended, separated, declared over-aged or dismissed. discharge of duties. violation of the law.

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4. That the offender knows that his nominee or appointee
lacks the qualification at the time he made the nomination
or appointment.
NOTES:
• Mere recommending, even if with the knowledge
that the person recommended is not qualified, is
not a crime. He must nominate.
• There must be a law providing for the qualifications
of a person to be nominated or appointed to a
public office.
SECTION 4. — ABUSES AGAINST CHASTITY
ART. 245. ABUSES AGAINST CHASTITY
PUNISHABLE ACTS:
1. By soliciting or making immoral or indecent
advances to a woman interested in matters pending
before the offending officer for decision, or with
respect to which he is required to submit a report
to or consult with a superior officer;
2. By soliciting or making immoral or indecent
advances to a woman under the offender's custody;
and
3. By soliciting or making immoral or indecent
advances to the wife, daughter, sister, or relative
within the same degree by affinity of any person in
custody of the offending warden or officer.
ELEMENTS:
1. That the offender is a public officer;
2. That he solicits or makes immoral or indecent
advances to a woman; and
3. That such woman must be —
a. interested in matters pending before the
offender for decision, or with respect to
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which he is required to submit a report to or
consult with a superior officer, or
b. 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
c. the wife, daughter, sister or relative within
the same degree by affinity of the person in
the custody of the offender.
NOTES:
• The mother of the person in the custody of the
public officer is not included.
• To solicit means to propose earnestly and
persistently something unchaste and immoral to a
woman.
• The crime is consummated by mere proposal.
• Proof of solicitation is not necessary when there is
sexual intercourse.
VIII. Crimes Against Persons
PLEASE SEE SPL SECTION ON THE FF. RELATED SPECIAL
PENAL LAWS: R.A. 9262 (ANTI-VIOLENCE AGAINST WOMEN
AND CHILDREN), R.A. 9775 (ANTI- CHILD PORNOGRAPHY
ACT), R.A. 8049 (ANTI-HAZING LAW), R.A. 7610 (SPECIAL
PROTECTION OF CHILDREN AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION), as Amended, R.A.
9344 (JUVENILE JUSTICE AND WELFARE ACT), R.A. 9372
(HUMAN SECURITY ACT)
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Chapter 1: Destruction of Life
SECTION ONE - PARRICIDE, MURDER, HOMICIDE
ART. 246. PARRICIDE
ELEMENTS:
1. That a person is killed;
2. That the deceased is killed by the accused;
3. That the deceased is the
a. father, mother, or child, whether legitimate
or illegitimate, or
b. legitimate other ascendant or other
descendant, or
c. Legitimate spouse of the accused.
RELATIONSHIP OF THE OFFENDER WITH THE VICTIM IS
THE ESSENTIAL ELEMENT
1. It is required to determine legitimacy of
relationship.
2. The following are excluded (i.e., the accused will
not be guilty of parricide) ALAIC:
a. Adoptive relationship (adopting parent-
adopted child);
b. Child less than 3 days old (infanticide);
c. Relationship by affinity (in-laws);
d. Illegitimate other ascendant/descendant;
and
e. Common-law spouse.
NOTES:
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• Relationship must be alleged and proved. If not
alleged, it cannot be considered as an ordinary
aggravating circumstance. Under the Rules on
Criminal Procedure, aggravating circumstances
not alleged will not be considered even if proven.
• Punished by reclusion perpetua to death.
• Only relatives by blood and in direct line (except
spouse) are considered.
• Marriages among Muslims or among members of
ethnic cultural communities recognized (Art. 33,
Family Code).
• Parricide through reckless imprudence:
o Reckless imprudence —punished by arresto
mayor in its max. period to
prisioncorreccional in its med. Period; and
o Simple imprudence or negligence —
punished by arresto mayor in its med.-max.
periods.
• Parricide by mistake: exists because knowledge
of relationship is not required in parricide.
• Stranger cooperating in parricide is only guilty of
homicide or murder, as the case may be.
PARRICIDE IS NOT PUNISHABLE BY RECLUSION
PERPETUA TO DEATH WHEN:
1. It is committed through negligence (Art. 365);
2. Committed by mistake (Art. 249); or
3. Committed under exceptional circumstances (Art.
247).
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ART. 247. DEATH OR PHYSICAL INJURIES INFLICTED
UNDER EXCEPTIONAL CIRCUMSTANCES
ELEMENTS:
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; and
3. He has not promoted or facilitated the
prostitution of his wife or daughter, or that he/she
has not consented to the infidelity of the other
spouse.
NOTES: The article does not define a crime but grants a
singular mitigating circumstance and provides for the
penalty of destierro (as a form of protection for the
accused) instead of the severe penalty prescribed for
parricide, homicide, or physical injuries
DEFINITIONS OF TERMS
1. Legally married excludes common-law
relationship.
2. Legitimacy of parent not required, as long as
a. Daughter is minor, unmarried and living
with her parents.
3. Surprise means "to come up suddenly and
unexpectedly."
4. In the act of committing sexual intercourse with
another person is satisfied if circumstances show
reasonably that the carnal act is being committed
or has just been committed.
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5. Immediately thereafter means the discovery,
escape, pursuit and the killing must all form parts
of one continuous act.
JUSTIFICATION FOR ART. 247: BURST OF PASSION
The killing must be the proximate result of the outrage
overwhelming the accused; and not influenced by
external factors.
PHYSICAL INJURIES MUST BE SERIOUS
If the physical injuries are less serious or slight, it is an
absolutory cause, thus no criminal liability.
NOTES:
• Both wives and husbands are entitled to the
benefits of this article.
• Sexual intercourse does not include preparatory
acts.
• No criminal liability if physical injuries are
inflicted upon third persons (i.e., those other
than the wife/daughter and the paramour).
• This article applies only to a daughter who is
single. If she is married, only her husband can
claim the benefits of Art.247.
ART. 248. MURDER
ELEMENTS:
1. That a person is killed;
2. That the deceased is killed by the accused;
3. That the killing was attended by any of the following
qualifying circumstances:
a. with treachery, taking advantage of superior
strength, with the aid of armed men, or
employing means to
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weaken the defense or of means or persons to
insure or afford impunity;
b. in consideration of price, reward or promise;
c. 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;
d. 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;
e. with evident premeditation; or
f. with cruelty, by deliberately and inhumanely
augmenting the suffering of the victim or
outraging or scoffing at his person or corpse; and
4. The killing is not parricide or infanticide.
Murder is the unlawful killing of any person, which is not
parricide or infanticide, provided that any of the
enumerated circumstances are present.
NOTES:
• Intent to kill — is essential in all circumstances
EXCEPT treachery.
• Punished by reclusion perpetuato death.
• Victim must be killed in order to consummate the
crime; if victim IS NOT killed—either attempted
or frustrated murder.
• Treachery — present when the act constituting
the felony is sudden and unexpected to the point
of incapacitating the victim to repel or escape it.
o The means, methods, or form of attack
must be consciously adopted by the
offender.
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o Present when an adult person attacks a
child of tender years.
o The essence of treachery is that the attack
comes without a warning and in a swift,
deliberate, and unexpected manner,
affording the hapless, unarmed, and
unsuspecting victim no chance to resist or
escape. Here, there is no doubt that
treachery was present. Benny and Adrian()
were in the crime scene prior to the
incident. They hid in a dark portion of the
road and assaulted Jesus with their bolos
while he was urinating with his back to
them. They even held him by his shoulders
to render him defenseless and unable to
resist the attack on him by his assailants.
Jesus was unaware of the imminent peril
to his life and was rendered incapable of
defending himself. [People of the
Philippines v. Benny Cabtalen, G.R. No.
175980, February 15, 2012.]
• Not enough that superior strength is present; it
must be taken advantage of.
• Also applies when act is committed on occasion
of a public calamity.
• Armed men must take part in the commission of
the crime directly or indirectly.
• Accused must avail himself of their aid or rely
upon them.
• Person who received the price, reward, or
promise is a principal by direct
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ATENEO LAW
participation; person who gave such price, reward, or 2. Consummated when victim is killed; otherwise,
promise is a principal by induction. BOTH are guilty of attempted or frustrated.
murder. 3. Intent to kill is presumed.
• Treachery and premeditation are inherent in a. With respect to crimes of personal
murder by poison, and thus, cannot be violence, the penal law looks particularly
considered as aggravating. to the material results following the
RULES FOR APPLICATION QUALIFYING OF unlawful act and holds the aggressor
CIRCUMSTANCES responsible for all the consequences
1. Murder will exist with only one of the circumstances; thereof.
others must be considered as generic aggravating. b. Evidence of intent to kill is important only
2. When other circumstances are absorbed or included in in attempted or frustrated homicide.
one qualifying circumstance, they cannot be considered i. Intent to kill is conclusively
as generic aggravating. presumed when the victim
3. Any of the circumstances must be alleged in order to dies.
qualify the crime to murder. ii. Intent to kill is generally shown
OUTRAGING OR SCOFFING AT HIS PERSON OR CORPSE: by the kind of weapon used,
QUALIFYING CIRCUMSTANCE NOT MENTIONED IN ART. the parts of the victim's body
14 at which it was aimed, and by
1. Outraging: to commit an extremely vicious or the wounds inflicted,
deeply insulting act. • But purpose of the
2. Scoffing: to jeer, implies a showing of accused may also be
irreverence. considered.
ART. 249. HOMICIDE iii. The element of intent to kill is
ELEMENTS: incompatible with imprudence
1. That a person was killed; or negligence.
2. That the accused killed him without any • Intent to kill must be
justifying circumstances; proved beyond
3. That the accused had the intention to kill, which reasonable doubt.
is presumed; and iv. No attempted or frustrated
4. That the killing was not attended by any of the homicide through imprudence
qualifying circumstances of murder, or by that of or negligence; crime would be
parricide or infanticide. physical injuries through
NOTES: reckless imprudence.
1. Homicide is the unlawful killing of any person,
which is neither parricide, murder, nor
infanticide.

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• As an exception, see Accidental Homicide
(item 6)
4. When two different persons inflicted the wounds
which caused the death, both are guilty of
homicide.
a. The burden to prove otherwise is on each of
the defendants.
b. Proof of conspiracy is not necessary.
c. The rule also applies when it was not shown
which wounds were inflicted by each
person.
5. When defense is not allowed to exculpate:
a. Refusal of victim to be operated on; and
b. When the act of mortally wounding and the
fact of suicide by the victim concur.
6. Use of unlicensed firearm is considered as an
aggravating circumstance and not as a separate
crime.
7. Punished by reclusion temporal.
ACCIDENTAL HOMICIDE is the death of a person brought
about by a lawful act performed with proper care and
skill, and without homicidal intent. E.g. If in a game, the
rules have been violated and death resulted, determine
intent to kill:
i. If with intent to kill, it is intentional
homicide; and
ii. If without intent to kill, it is homicide
through negligence.
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CORPUS DELICTI
In all crimes against persons in which the death of the
victim is an elements of the offense, there must be
satisfactory evidence of:
1. The fact of death, and
2. The identity of the victim.
It does not refer to the body of the victim but to the
actual commission of the crime charged.
ART. 250. PENALTY FOR FRUSTRATED PARRICIDE,
MURDER, OR HOMICIDE
• Courts may impose a penalty two degrees lower
for frustrated parricide, murder or homicide.
• Courts may impose a penalty three degrees lower
for attempted parricide, murder or homicide.
• This rule is permissive—not mandatory.
• An attempt on, or a conspiracy against, the life of
the Chief Executive, etc., is punishable by death.
ART. 251. DEATH CAUSED IN A TUMULTUOUS AFFRAY
ELEMENTS
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 quarrelled 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; and
6. That the person or persons who inflicted serious
physical injuries or who used violence can be identified.
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ATENEO LAW
DEFINITION OF TERMS
TUMULTUOUS — Tumultuous (as used in Art. 153)
means that the disturbance is caused by at least four
persons who are armed or are provided with means of
violence.
• There must be no unity of purpose and
intention among the persons who used
violence.
PERSONS LIABLE:
a. Person or persons who inflicted serious
physical injuries; or
b. If it is not known who inflicted serious physical
injuries on the deceased, all persons who used
violence upon the person of the victim
NOTES:
1. When there are 2 identified groups of men
who assaulted each other, there is no
tumultuous affray.
2. The person killed need not be a participant in
the affray.
3. Does not apply when the person who inflicted
the fatal wound is known; in that case, the
crime will be homicide under Art. 249.
ART. 252. PHYSICAL INJURIES INFLICTED IN A
TUMULTUOUS AFFRAY
ELEMENTS
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;
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3. That the person responsible therefore cannot
be identified; and
4. That all those who appear to have used
violence upon the person of the offended party
are known.
NOTES:
1. Persons liable: Only those who have used
violence on the person of the offended party.
• Penalty will be one degree lower than
that provided for the physical injury
inflicted.
2. Injured party must be a participant of the
tumultuous affray (as opposed to the
preceding article).
3. If the one who caused physical injuries is
known, he will be liable for physical injuries
actually committed.
4. Slight physical injuries is not included.
ART. 253. GIVING ASSISTANCE TO SUICIDE
PUNISHABLE ACTS:
1. Assisting another to commit suicide, whether
the suicide is consummated or not; and
2. Lending his assistance to another to commit
suicide to the extent of doing the killing
himself.
NOTES:
1. If the suicide is not consummated:
a. For the first punishable act the penalty is
arresto mayor in its medium and maximum
periods; and
b. For the second punishable act the penalty is
one or two degrees lower
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than that provided for consummated suicide.
1. An attempt to commit suicide is an act, but it is
not punishable by law.
a. A person who attempts to commit suicide is
not criminally liable.
b. 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.
i. In order to incur criminal liability for
the result not intended, one must be
committing a felony.
ii. Unintentional abortion is punishable
only when it is caused by violence,
not by poison (Art. 257).
2. Assistance to suicide is different from mercy-
killing.
a. Euthanasia or mercy-killing 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.
ART. 254. DISCHARGE OF FIREARMS
ELEMENTS:
1. That the offender discharges a firearm against or
at another person; and
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.
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a. The purpose of the offender may be to
intimidate or frighten the offended party.
b. If the firearm is not discharged at a person,
the act is not punished under this article.
c. A discharge towards the house of the
offended party, not knowing in what part
of the house the people inside were, is only
alarm under Art. 155.
d. It is sufficient that the gun was initially
aimed at or against the offended party,
even if it was not pointed at the offended
party when it fired .
e. If there's intent to kill, it may be frustrated
or attempted parricide, murder, or
homicide.
2. Essential to prove that the discharge of firearm
was directed precisely against the offended
party.
3. If the illegal discharge inflicts serious or less
serious physical injuries to the offended party,
there will be a complex crime of illegal discharge
of firearm w/ serious or less serious physical
injuries.
SECTION TWO - INFANTICIDE AND ABORTION
ART. 255. INFANTICIDE
ELEMENTS:
1. That a child was killed;
2. That the deceased child was less than three days
(72 hours) of age; and
3. That the accused killed the said child.
Infanticide is the killing of any child less than three days
of age, whether the killer is parent
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or grandparent, any other relative of the child, or a
stranger
NOTES:
1. The child must be born alive and can sustain an
independent life when it is killed.
a. Burden of proof is upon the prosecution.
2. Penalty is that of either parricide or murder,
depending on the relationship of the accused with
the victim.
3. Mitigating circumstance of concealing dishonor:
a. Applicable only to the mother and maternal
grandparents; and
b. Delinquent mother must be of good
reputation.
ART. 256. INTENTIONAL ABORTION
ELEMENTS:
1. That there is a pregnant woman;
2. That any of the following ways committed: a.
violence is exerted, or b. drugs or beverages
administered, without violence upon and without
consent of the pregnant woman, or c. drugs or
beverages administered, with the consent of the
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; and
4. That the abortion is intended.
ABORTION is the willful killing of the fetus in the uterus,
or the violent expulsion of the fetus from the maternal
womb which results in the death of the fetus
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NOTES:
1. Fetus must die in consummated abortion;
otherwise, determine if there is intent to abort.
a. If with intention, frustrated intentional
abortion; and
b. If without intention, physical injuries.
2. When infanticide (as opposed to abortion):
a. If the fetus could sustain an independent
life, after separation from maternal womb;
and
b. If the fetus Is killed.
3. The person who intentionally caused the
abortion is liable.
a. If the woman/mother permitted, she will be
liable under Art. 258; otherwise, she is not
liable.
ART. 257. UNINTENTIONAL ABORTION
ELEMENTS:
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; and
4. That as a result of the violence the fetus dies,
either in the womb or after having been expelled
therefrom.
NOTES:
1. Can only be committed by violence.
a. Violence or actual physical force (as opposed
to threats or mere administering of
substance with no intention to commit
abortion) must be used.
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2. Intention may be inferred from the condition of the
pregnant woman (i.e. whether pregnancy is
noticeable).
3. May be committed through imprudence.
4. May be complexed with homicide and parricide.
5. If there's no intent to cause abortion and there's no
violence committed, then there's no abortion of
any kind.
ART. 258. ABORTION PRACTICED BY THE WOMAN
HERSELF OR BY HER PARENTS
ELEMENTS:
1. That there is a pregnant woman who has
suffered an abortion;
2. That the abortion is intended; and
3. That the abortion is caused by —
a. the pregnant woman herself;
b. any other person, with her consent; or
c. any of her parents, with her consent for the
purpose of concealing her dishonor.
NOTES:
1. Mitigating circumstance (as distinguished from
infanticide) for the purpose of concealing
dishonor:
a. Only applicable to the pregnant woman
and not to the parents of the pregnant
woman.
2. If the purpose of the woman's parents was NOT
to conceal dishonor, then they will be liable for
intentional abortion under Art. 256.
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ART. 259. ABORTION PRACTICED BY A PHYSICIAN OR
MIDWIFE AND DISPENSING OF ABORTIVE
ELEMENTS:
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;
and
4. That said physician or midwife takes advantage of
his or her scientific knowledge or skill.
NOTES:
• The taking advantage of scientific knowledge or
skill for the destruction of human life justifies the
imposition of the maximum penalty.
ELEMENTS AS TO PHARMACISTS:
1. That the offender is a pharmacist;
2. That there is no proper prescription from a
physician; and
3. That the offender dispenses any abortive.
NOTES:
1. The effect of knowledge that the abortive would
be used to cause abortion:
a. Without knowledge, punishable under this
article; and
b. With knowledge, punishable as an
accomplice in the crime of abortion.
2. Not necessary for the abortive to be actually
used; the act constituting the offense is
dispensing the abortive w/o proper prescription.
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SECTION THREE - DUEL PERSONS LIABLE
1. Challengers; and
ART. 260. RESPONSIBILITY OF PARTICIPANTS IN A DUEL 2. Instigators.
PUNISHABLE ACTS There must be intention to have a formal duel (as
1. Killing one's adversary in a duel; opposed to light threats under Art_ 285, par. 2).
2. Inflicting upon the adversary serious physical Chapter 2: Physical Injuries
injuries; and
CRIMES PUNISHABLE:
3. Making combat although no physical injuries have
A. Mutilation;
been inflicted.
B. Serious physical injuries;
PERSONS LIABLE
C. Administering injurious substance or beverages;
1. PRINCIPALS – person who killed or inflicted
D. Less serious physical injuries; and
physical injuries upon his adversary, or both
E. Slight physical injuries and maltreatment.
combatants in any other cases;
2. ACCOMPLICES – seconds.
ART. 262. MUTILATION
NOTES:
TWO (2) KINDS:
• A duel is a formal or regular combat previously
1. CASTRATION: Intentionally mutilating another by
concerted between two parties in the presence
depriving him, totally or partially, of some
of two or more seconds of lawful age on each
essential organ for reproduction.
side, who make the selection of arms and fix all
2. MAYHEM OR OTHER INTENTIONAL
the other conditions of the fight.
MUTILATION: Intentionally making other
• Intent to kill is disregarded—so penalty will be
mutilation, i.e. lopping, clipping off any part of
that for physical injuries only as opposed to those
the body of the offended party, other than the
inflicted for frustrated/attempted homicide.
essential organ for reproduction, to deprive him
ART. 261. CHALLENGING TO A DUEL
of that part of his body.
PUNISHABLE ACTS
1. Challenging another to a duel;
There must be intentional mutilation –offender must
2. Inciting another to give or accept a challenge to a
have the intent to deprive the offended party of a part of
duel; and
his body if there's no intention, then crime will be
3. Scoffing at or decrying another publicly for having
considered as serious physical injuries
refused to accept a challenge to fight a duel.

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PHYSICAL INJURIES DISTINGUISHED FROM OTHER
CRIMES
1. ATTEMPTED OR FRUSTRATED HOMICIDE
a. Attempted homicide may be committed,
even if no physical injuries are inflicted.
b. Intent to kill is not present in the crime of
physical injuries.
2. MUTILATION
a. Intention to lop or clip off some part of the body
is present in mutilation.
ART. 263. SERIOUS PHYSICAL INJURIES
HOW COMMITTED:
1. Wounding;
2. Beating;
3. Assaulting; or
4. Administering injurious substances.
SERIOUS PHYSICAL INJURIES ARE:
1. When the injured person becomes insane,
imbecile, impotent or blind in consequence of
the physical injuries inflicted;
2. When the injured person —
a. loses the use of speech or the power to
hear or to smell;
b. loses an eye, a hand, foot, arm or leg, or
loses the use of any such member, or
loses the use of any such member; and
c. becomes incapacitated for the work in
which he had been habitually engaged;
3. When the injured person —
a. becomes deformed;
b. loses any other member of his body;
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c. loses the use thereof; or d. becomes ill or
incapacitated for the performance of the
work in which he had been habitually
engaged in for more than 90 days; and
4. When the injured person becomes ill or
incapacitated for labor for more than 30 days
(but not more than 90 days).
PARAGRAPH 1
1. Impotency includes inability to copulate and
sterility; no intent to deprive (as opposed to
castration); and
2. Complete blindness (as opposed to paragraph 2
— loss of an eye only).
PARAGRAPH 2 (mentions principal members of the body)
1. Loss of power to hear of both ears (as opposed
to paragraph 3 — loss of one ear only);
2. Loss of use of hand or incapacity for usual work
must be permanent;
a. This must be proven by clear and
conclusive evidence;
3. NOTES that the offended party must have an
avocation or work at the time of the injury [also
in paragraph (3)];
a. Work includes studies or preparation for a
profession; and
b. Means incapacity for a certain kind of work
only, but not for ail.
PARAGRAPH 3
1. 1 Deformity means physical ugliness, or
permanent and defining abnormality. It must be
conspicuous and visible (i.e., depending on what
part of the body);
a. If scar is usually covered, then it's not
considered conspicuous or visible;
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b. Loss of teeth may be considered as deformity:
i. Injury must be that which cannot be repaired
by the action of nature;
ii. EXCEPTIONS: old men/women and children;
2. Loss of fingers may fall under paragraph 2 if it results
in the loss of the use of the hand itself; and
3. Covers any member which is not a principal member
of the body.
PARAGRAPH 4
1. Any kind of labor is included;
2. Hospitalization for more than 30 days may mean
either illness or incapacity for labor for more than
30 days;
3. There must be evidence of the length of period of
illness or capacity when the category of the
offense of serious physical injuries;
• The absence thereof makes the offense
only slight physical injuries; and
4. Lessening of efficiency in work is not incapacity.
QUALIFIED SERIOUS PHYSICAL INJURIES
1. Higher penalties will be inflicted if the persons
mentioned in parricide are involved or the
circumstances mentioned in murder are present.
2. DOES NOT include injuries caused by excessive
chastisement of a parent upon his child.
CRIMINAL LAW REVIEWER
NOTES:
• It can be committed by reckless imprudence, or
by simple imprudence or negligence.
• There must be no intent to kill; otherwise, crime
would be frustrated/attempted murder,
parricide, or homicide.
• Medical attendance is not important in serious
physical injuries.
• In case of physical injuries under the Revised
Penal Code, there must be a specific animus
iniuriandi or malicious intention to do wrong
against the physical integrity or well-being of a
person so as to incapacitate and deprive the
victim of certain bodily functions. Without proof
beyond reasonable doubt of the required animus
iniuriandi, the overt act of inflicting physical
injuries per se merely satisfies the elements of
freedom and intelligence in an intentional felony.
The commission of the act does not in itself make
a man guilty unless his intentions are. [Villareal v.
People of the Philippines, G.R. No. 151258,
February 1, 2012]
ART. 264. ADMINISTERING INJURIOUS SUBSTANCE OR
BEVERAGES
ELEMENTS:
1. That the offender inflicted upon another person
any serious physical injury;
2. That it was done by knowingly administering to
him any injurious substances or beverages or by
taking advantage of his weakness of mind or
credulity; and
3. He had no intent to kill.
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NOTES:
• Administering means introducing into the body.
• If there is intent to kill, it is frustrated murder and
the injurious substance will be considered as
poison.
• Knowledge applies to the injurious nature of the
substance or beverage.
• "(B)y taking advantage of his weakness of mind
or credulity" may take place in the case of
witchcraft, magnetism and the like.
ART. 265. LESS SERIOUS PHYSICAL INJURIES
ELEMENTS:
1. That the offended party is incapacitated for labor
or needs medical attendance for 10 days or more
(but not more than 30 days); and
2. That the physical injuries must not be those
described in the preceding articles.
QUALIFIED LESS SERIOUS PHYSICAL INJURIES
1. Fine not exceeding P5,200, in addition to arrest()
mayor, when:
a. There is a manifest intent to insult or
offend the injured person, or
b. There are circumstances adding
ignominy to the offense.
(a) and (b) are considered as:
i. Ordinary aggravating circumstance in
serious physical injuries; and
ii. Slander by deed in slight physical
injuries.
2. A higher penalty, when the victim is either:
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a. The offender's parents, ascendants,
guardians, curators or teachers; and
b. Persons of rank or persons in authority,
provided the crime is not direct assault
NOTES:
1. Medical attendance or incapacity for labor is
required. a. When there's no incapacity for labor
or medical attendance needed, it will be
considered only as slight physical injuries:
i. if injuries were healed within 30 days
— slight physical injuries; and
ii. if injuries were healed only after 30
days — serious physical injuries (as
illness for more than 30 days).
2. This article applies even if there was no
incapacity but the medical treatment was for
more than 10 days.
3. There must be proof as to the period of required
medical attendance.
ART. 266. SLIGHT PHYSICAL INJURIES AND
MALTREATMENT
THREE (3) KINDS:
1. Physical injuries which incapacitated the
offended party for labor from one (1) to nine (9)
days or required medical attendance during the
same period.
2. Physical injuries which did not prevent the
offended party from engaging in his habitual
work or which did not require medical
attendance (Ex. black eye).
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3. III-treatment of another by deed without causing
any injury (e.g. slapping the face without causing
dishonor).
NOTES:
1. PRESUMPTION
a. In the absence of proof as to the period of
the offended party's incapacity for labor or
of the required medical attendance, the
crime committed is presumed as slight
physical injuries.
b. When there is no evidence to establish the
gravity or duration of actual injury or to
show the causal relationship to death, the
offense is slight physical injuries.
2. SUPERVENING EVENT
a. When the charge contained in the
information filed was for slight physical
injuries because it was believed that the
wound suffered would require medical
attendance for eight (8) days only, but
during preliminary investigation it was
found that the healing would require
more than thirty (30) days, this
supervening event can still be the subject
of amendment or of a new charge without
placing the accused in double jeopardy.
[People v. Manolong, 85 Phil. 829]
CRIMINAL LAW REVIEWER
ART. 266-A. RAPE; 266-B. PENALTIES
SIMPLE RAPE (UNDER PARAGRAPH 1):
A. ELEMENTS:
1. The offender is a man;
2. The offender had carnal knowledge of a
woman;
3. Such act is accomplished (any one of the
following):
a. through force, threat or intimidation;
b. when the offended party is deprived of
reason or otherwise unconscious;
b. by means of fraudulent machination or
grave abuse of authority; or
c. When the offended party is under 12
years of age (statutory rape) or is
demented, even though none of the
circumstances mentioned above be
present.
PENALTIES IMPOSED(Pursuant to R.A. 9346 (Act
Prohibiting the Imposition of Death Penalty in the
Philippines) the penalty of reclusion perpetua without
eligibility for parole shall be imposed, in lieu of death
penalty
1. reclusion perpetua;
2. reclusion perpetua to death when:
a. victim became insane by reason or on the
occasion of rape; or
b. the rape is attempted and a homicide is
committed by reason or on the occasion
thereof;
3. Death when:
a. homicide is committed;
b. victim is under 18 years old and offender
is:
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i. parent,
ii. ascendant,
iii. step-parent,
iv. guardian,
v. relative by consanguinity or affinity
within the 3rd civil degree,
vi. common law spouse of victim's parent;
c. under the custody of the police or military authorities
or any law enforcement or penal institution;
d. committed in full view of the spouse, parent or any of
the children or other relatives within the 3rd degree
of consanguinity;
e. 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;
f. a child below 7 years old;
g. offender knows he is afflicted with HIV or AIDS or
any other sexually transmissible disease and the
virus is transmitted to the victim;
h. offender is a 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;
i. by reason or on occasion of the rape, the victim
suffered permanent physical mutilation or disability;
j. the offender knew of the pregnancy of the offended
party at the time of the commission of the crime; and
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k. the offender knew of the mental disability, emotional
disorder and/or physical handicap of the offended
party at the time of the commission of the crime.
RAPE THROUGH SEXUAL ASSAULT (UNDER
PARAGRAPH 2)
A. ELEMENTS:
1. the offender (man or woman) commits an act of
sexual assault;
2. the act is committed by inserting: a. his penis
into another person's mouth or anal orifice; or b.
any instrument or object into the genital or anal
orifice of another person; and
3. the act is committed under any of the
circumstances mentioned under paragraph 1.
B. PENALTIES IMPOSED:
1. Prision mayor— in general;
2. Prision mayor to reclusion temporal when:
a. there was use of deadly weapon, Or
b. committed by two or more persons;
3. Reclusion temporal — when the victim has
become insane;
4. Reclusion temporal to reclusion perpetua —
rape is attempted and homicide is committed;
5. Reclusion perpetua — homicide is committed
by reason or on occasion of rape; and
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ATENEO LAW
6. Reclusion temporal — committed with any of the 10
aggravating circumstances mentioned in this article.
NOTES:
1. The FOUR circumstances:
a. Using force or intimidation –
The degree of force sufficient to overcome resistance:
i. According to People v. Las Pifias, Jr.,
[G.R. No. 133444, February 20, 2002] the
test is whether reasonable fear is
produced in the mind of the victim;
ii. Verbal refusal alone won't do; there must
be a physical struggle that's manifest and
tenacious;
iii. The force need not be irresistible; force or
violence necessary is relative, depending
on the age, size, and strength of the
parties and their relation to each other,
iv. Where resistance would be futile, offering
none at all does not amount to consent;
v. Intimidation — enough that it produces
fear in the victim; must be viewed in light of
the victim's perception and judgment at the
time of rape; and
vi. Moral ascendancy • or influence has been
held to be a substitute, in a long line of
cases. [People v. Dichoson, G.R. No.
118986-89, February 19, 2001; People v.
Bazona, G.R. No. 133343-44, March 2,
2000; People v. Panique, 316 SCRA 757
(1999); People v. Perez, 307 SCRA 276
(1999)]
CRIMINAL LAW REVIEWER
In this case, it is not necessary that victim put up a
determined resistance.
b. Offended party is deprived of reason or otherwise
unconscious:
i. Deprivation need not be complete;
ii. intercourse with a deaf-mute woman will
only be considered rape if she's also be
prove to be an imbecile; and
iii. Not considered rape where consent is
induced by the administration of
drugs/liquor, which incites her passions
and doesn't deprive her of will power.
c. By means of fraudulent machination or grave
abuse of authority; and
d. When the offended party is under 12 years of
age or is demented, even though none of the
circumstances mentioned above be present
(Statutory rape).
i. Consent and character (e.g. prostitute) of
the offended party is immaterial.
2. TWO STAGES: (Rape does not admit of a
frustrated stage)
a. CONSUMMATED
i. Penetration is necessary;
ii. It is enough that the labia majora be
penetrated, even the slightest; and
iii. Penis need not be erect — still
considered rape if accused repeatedly
tiled to insert the
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penis in the vagina, even if in vain.
b. ATTEMPTED
i. The offender has already performed overt acts
with the intention to have carnal knowledge of
the offended party, but which was not
consummated because of some cause or
accident other than his own spontaneous
desistance
ii. There must be intent to have carnal knowledge
of the woman against her will
• There can be no frustrated rape because any
penetration of the female organ is sufficient.
"Clearly, in the crime of rape, from the moment
the offender has carnal knowledge of his victim
he actually attains his purpose and, from that
moment also all the essential elements of the
offense have been accomplished. Nothing more
is left to be done by the offender, because he
has performed the last act necessary to
produce the crime. Thus, the felony is
consummated." [People v. Orita [G.R. No.
88724, April 3, 1990]
3. Homicide committed "by reason of (i.e., "in the
course or or "because of') rape is a special complex
crime.
a. Rape must come before intent to kill or act of
killing.
b. Does not apply when the intent to kill or
killing act preceded the rape act (i.e., when
victim was in the point of death when she
was ravaged).
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c. Includes death of victim through STD given
by the accused who raped her.
4. The character of the woman is immaterial.
a. Testimony of victim alone is enough for
conviction.
5. Fingers — counts as "objects" under rape through
sexual assault.
6. Indemnity and Damages
a. Awarding of Php50,000 as indemnity is
mandatory upon finding of the fact of rape.
b. Moral damages may be automatically
awarded in rape cases w/o need of proof.
7. Multiple Rape
a. Each offender is responsible not only for
the rape he personally committed, but also
for those committed by the others.
ART. 266-C. EFFECT OF PARDON.
EFFECT OF MARRIAGE
Marriage extinguishes not only the penal action but
likewise the penalty imposed and only as to the
principal.
ART. 266-D. PRESUMPTIONS
EVIDENCE WHICH MAY BE ACCEPTED
1. Any physical overt act manifesting resistance against
the act of rape in any degree from the offended party. •
Where the offended party is so situated as to render
him/her incapable of giving consent.
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ATENEO LAW
PLEASE SEE SPL SECTION ON RA 9372, HUMAN SECURITY
ACT OF 2007,particularly SEC. 24
IX. Crimes Against Personal liberty and Security
Chapter 1: Crimes against Liberty
SECTION 1. - ILLEGAL DETENTION
ARTICLE 267. KIDNAPPING AND SERIOUS ILLEGAL
DETENTION
ELEMENTS:
1. That the offender is a private individual;
2. That he kidnaps or detains another, or in any other
manner deprives the latter of liberty;
3. That the act of detention or kidnapping must be
illegal; and
4. That in the commission of the offense, any of the
following circumstances are present (detention
becomes serious):
a. that the kidnapping/detention lasts for
more than 3 days,
b. committed by simulating public authority,
c. that any serious physical injuries are
inflicted upon the person kidnapped or
detained or threats to kill him are made, or
d. that the person kidnapped or detained is a
minor (except if parent is the offender),
female or a public officer.
CRIMINAL LAW REVIEWER
NOTES: If any of these are present, purpose of detention
is immaterial
DEATH is imposed in the following instances [death
penalty suspended]:
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 circumstances are present in the
commission of the offense; and
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.
NOTES:
• It is true that for kidnapping to take place, it is
not necessary that the victim be placed in an
enclosure; neither is it necessary that the
detention be prolonged or permanent. However,
the essence of kidnapping is the actual
deprivation of the victim's liberty coupled with
indubitable proof of the intent of the accused to
effect such deprivation. [People v. Obeso, G.R.
No. 152285, October 24, 2003]
• The victim's lack of consent is also a fundamental
element of kidnapping and serious illegal
detention. The involuntariness of the seizure and
detention is the very essence of the crime.
Although the victim may have inceptually
consented to go with the offender to a place but
the victim is thereafter prevented, with the use
of force, from
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leaving the place where he was brought to with
his consent and is detained against his will, the
offender is guilty of kidnapping and serious illegal
detention [People v. Pickrell G.R. No. 120409,
October 23, 2003].
• Actual demand for ransom is not necessary.
• When detention is for purpose of extorting
ransom, it's not necessary that one or any of the
four circumstances enumerated in (4) are
present. [People v. Fallore, G.R. No. 194582, Nov.
27, 2013]
• Essential that there be actual confinement or
restriction of the person of the offended party.
• Detention is illegal when not ordered by
competent authority or not permitted by law.
• Detention for more than 3 days not necessary
when any of the other circumstances are present.
• Special complex crime of kidnapping-with murder
or homicide — where the person kidnapped is
killed in the course of the detention regardless of
whether the killing was purposely sought or was
merely an afterthought.
• When murder and not kidnapping - when the
victim is taken from one place to another solely
for the purpose of killing him, the crime
committed is murder. If Primary and ultimate
purpose is to kill, and detention was only
incidental.
• Specific intent is determinative of whether the
crime committed is murder or kidnapping.
• Must be alleged in information and proven by
prosecution.
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ILLEGAL DETENTION AND ARBITRARY DETENTION,
DISTINGUISHED
ILLEGAL DETENTION RARY DETENTION
Committed by a private Committed by a public
individual who unlawfully officer employee who has
kidnaps, detains or to duty under law to detain a
otherwise deprives person person without legal
of liberty ground
Crime against the personal Crime is against
liberty and security fundamental law of the
State
HOWEVER, if such public officer has no duty to detain a
person (e.g. sanitary inspector or clerk), and he detains a
person, he is liable for illegal detention.
ART. 268. SLIGHT ILLEGAL DETENTION
ELEMENTS:
1. That the offender is a private person;
2. That he kidnaps or detains another or in any other
manner deprives the liberty or he furnishes the
place for the perpetuation of the detention;
3. That the act of detention or kidnapping must be
illegal; and
4. That the crime is committed without the
attendance of any of the circumstances
enumerated in Art. 267.
NOTES: If the participation is to furnish the place for the
crime, he is raised to a real co-principal. But if the
cooperation is by any other act than furnishing the place,
penalty is one degree lower.
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ATENEO LAW
PRIVILEGED MITIGATING CIRCUMSTANCE (VOLUNTARY • Arrest/ detention refers to warrantless arrests.
RELEASE):
If the offender: Compare Delay in the Delivery of Detained Persons v.
1. voluntarily releases the person so kidnapped or Unlawful Arrest
detained within 3 days from the commencement DELAY IN TH DELIVERY OF UNLAWFUL ARREST
of the detention; DETAINED PERSONS TO
2. without having attained the purpose intended; THE PROPER JUDICIAL
and AUTHORITIES (ART. 125)
3. before the institution of criminal proceedings the detention is for some the detention is not
against him. legal Ground authorized b law

NOTES: Compare Arbitrary Detention v. Unlawful Arrest

• Three requisites must concur. ARBITRARY DETENTION UNLAWFUL ARREST
• Must be shown by the offender that he was in a the detention is for some the detention is not
position to prolong the detention for more than 3 legal ground authorized by law
days and yet he released the person detained w/in
that time. SECTION 2. — KIDNAPPING OF MINORS
• Voluntary release is not considered privileged
mitigating if the victim is a woman (considered ART. 270. KIDNAPPING AND FAILURE TO RETURN A
serious illegal detention). MINOR

ART. 269. UNLAWFUL ARREST ELEMENTS:

ELEMENTS:
1. That the offender arrests or detains another
person;
2. That the purpose of the offender is to deliver him
to the proper authorities; and
3. That the arrest or detention is not authorized by
law or there is no reasonable ground therefore.
NOTES:
• Offender is any person. Either a public officer or
private individual may be liable.
- Public officer either has no authority to
arrest or detain a person or has not acted in
his official capacity.
1. That the offender is entrusted with the custody of a
minor person; and
2. That he deliberately fails to restore the said minor
to his parents.
NOTES:
• This may also be committed by the mother or
father of the child. When committed by a parent,
penalty is arresto mayor.
• Essential element which qualifies the crime:
offender is entrusted with the custody of the
minor.

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Kidnapping & Failure to Return a Minor and Kidnapping
& Serious Illegal Detention
KIDNAPPING & FAILURE TO KIDNAPPING AND
RETURN A MINOR(ART. 270) SERIOUS ILLEGAL
DETENTION (ART. 267)
Punishes the deliberate Offender is not entrusted
failure by the person having with the custody of the
the custody of the minor to victim
restore the minor to
parents/guardian
ART. 271. INDUCING A MINOR TO ABANDON HIS HOME
ELEMENTS:
1. That the minor is living in the home of his parents or
guardians or the person entrusted with his custody;
and
2. That the offender induces a minor to abandon such
home.
NOTES:
• Inducement must be actual, committed with criminal
intent and determined by a will to cause damage.
• The minor should not leave his home of his own free
will.
• The penalty is lower if committed by the father or
mother of the victim."(T)o induce" is to influence, to
prevail on, to move by persuasion, to incite by motives.
• The minor need not actually abandon his home or
home of guardian. Mere commission of any act which
tends to influence, persuade or prevail on a minor to
abandon his home is what constitutes a crime.
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• Mitigated if committed by the father or mother of the
victim. — applies to Arts. 270 and 271.
SECTION 3. — SLAVERY AND SERVITUDE
ART. 272. SLAVERY
ELEMENTS:
1. That the offender purchases, sells, kidnaps or
detains a human being; and
2. That the purpose of the offender is to enslave
such human being.
QUALIFYING CIRCUMSTANCE — if the purpose is some
immoral traffic (Ex. Prostitution).
NOTES: purpose must be to enslave the victim;
otherwise, it is kidnapping or illegal detention
SLAVERY — providing services w/o remuneration
whatsoever [Reyes v. Alojado, G.R. No. L-5671, August 24,
1910].
ART. 273. EXPLOITATION OF CHILD LABOR
ELEMENTS:
1. That the offender retains a minor in his service;
2. That it is against the will of the minor; and
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.
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NOTES: Indebtedness is not a ground for detention. Chapter 2: Crimes against security

ART. 274. SERVICES RENDERED UNDER COMPULSION IN

SECTION 1. — ABANDONMENT OF HELPLESS PERSONS
PAYMENT OF DEBT
AND EXPLOITATION OF MINORS

ELEMENTS:
ART. 275. ABANDONMENT OF PERSON IN DANGER AND
1. That the offender compels a debtor to work for
ABANDONMENT OF ONE'S OWN VICTIM
him, either as household servant or farm laborer;
2. That it is against the debtor's will; and
PUNISHABLE ACTS:
3. That the purpose is to require or enforce the
1. 1 By failing to render assistance to any person whom
payment of a debt.
the offender finds in an uninhabited place wounded
or in danger of dying, when he can render such
NOTES: Debtor-Creditor relationship must exist
assistance without detriment to himself, unless such
otherwise, crime committed is coercion
omission shall constitute a more serious offense;

Services Rendered under Compulsion in Payment of

ELEMENTS:
Debt and Exploitation of Child Labor, Distinguished
a. That place is not inhabited;
b. The accused found there a person wounded or
SERVICES RENDERED EXPLOITATION OF CHILD
in danger of dying;
UNDER COMPULSION IN LABOR (ART. 273)
c. The accused can render assistance without
PAYMENT OF DEBT (ART.
detriment to himself; and
274)
d. The accused fails to render assistance.
Does not distinguish Victim is a minor
whether the victim is a 2. By failing to help or render assistance to another
minor or not whom the offender has accidentally wounded or
Debtor is compelled to Minor is compelled to injured;
work for offender render services for debt of 3. By failing to deliver a child under 7 whom the
parent/guardian offender has found abandoned, to the authorities or
Limited to household and Service not limited to to his family, or by failing to take him to a safe place.
farm work household and farm work (May be applied to a lost child).

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ART. 276. ABANDONING A MINOR
ELEMENTS:
1. That the offender has the custody of a child;
2. That the child is under 7 years of age;
3. That he abandons such child; and
4. That he has no intent to kill the child when the latter
is abandoned.
NOTES:
• Abandonment must be conscious, deliberate, and
permanent.
• Qualifying circumstances: a. death of the minor;
or b. life was in danger because of the
abandonment.
• Parent guilty of abandoning their children shall
be deprived of parental authority.
• Intent to kill cannot be presumed from the death
of the child.
- Such presumption applies only to crimes
against persons NOT to crimes against
security.
ART. 277. ABANDONMENT OF MINOR BY PERSON
ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF
PARENTS
PUNISHABLE ACTS:
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
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of that one, without the consent of the proper
authorities;
ELEMENTS:
a. Offender has charge of the rearing or education of a
minor;
- To rear means to bring to maturity by
educating, nourishing, etc.
b. He delivers said minor to a public institution or
other persons.; and
c. 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.
2. By neglecting his children by not giving them
education which their station in life requires and
financial condition permits;
ELEMENTS:
a. That the offender is a parent;
b. That he neglects his children by not giving them
education; and
c. That his station in life requires such education and
his financial condition permits it.
NOTES:
• Obligation to educate children terminates if
mother and children refuse without good reason
to live with accused.
• Failure to give education must be due to
deliberate desire to evade such obligation.
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Comparing Abandonment of Minor by Person Entrusted paragraph 2 or to any habitual vagrant or beggar,
with his Custody v. Abandonment of Minor the offender being an ascendant, guardian, teacher
ABANDONMENT OF ABANDONMENT OF or person entrusted in any capacity with the care of
ABANDONMENT OF MINOR (ART. 276) such child.
MINOR BY PERSON 5. By inducing any abandon the home of its
ENTRUSTED WITH HIS ascendants, guardians, curators or teachers to
CUSTODY; INDIFFERENCE follow any person engaged in any of the callings
OF PARENTS (ART. 277) mentioned in paragraph 2 or to accompany any
Custody of offender is Custody stated in general habitual vagrant or beggar, the offender being any
specific — for rearing or terms person.
education of minor
Minor – under 18 years of Minor – under 7 years of Exploitation of Minors and Inducing a Minor to Abandon
age age His Home, Distiniuished
Minor is delivered to a Minor is abandoned in such
public institution or other a way to deprive him of EXPLOITATION OF MINORS INDUCING A MINOR TO
person care and protection (ART. 278, PAR. 5) ABANDON HIS HOME (AT.
271)
ARTICLE 278. EXPLOITATION OF MINORS Purpose of inducing a minor No such purpose
PUNISHABLE ACTS: to abandon his home is to
1. By causing any boy or girl under 16 to perform any follow any person engaged
dangerous feat of balancing, physical strength or in the callings mentioned
contortion, the offender being any person. Victim is under 16 years of Victim is under 18
2. By employing children under 16 who are not the age
children or descendants of the offender in
exhibitions of acrobat, gymnast, rope-walker, diver, QUALIFYING CIRCUMSTANCE: If the delivery of the child
or wild-animal tamer or circus manager or engaged to any person following any of the callings of acrobat,
in a similar calling. rope-walker, diver or wild-animal trainer or circus
3. By employing any descendant under 12 in manager or to any habitual vagrant of beggar is made in
dangerous exhibitions enumerated in the next consideration of any price, compensation or promise.
preceding paragraph, the offender being engaged • Offender shall be deprived of parental authority
in any of said callings. or guardianship.
4. By delivering a child under 16 gratuitously to any • Exploitation of minor must be of such a nature as
person following any of the callings enumerated in to endanger his life or safety.

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ART. 279. ADDITIONAL PENALTIES FOR OTHER OFFENSES
The offender is liable not only for the abandonment or
exploitation but also for all its consequences. If as a
result, physical injuries or death resulted, another crime
is committed by authority of Article 279.
SECTION 2. — TRESPASS TO DWELLING
ART. 280. QUALIFIED TRESPASS TO DWELLING
ELEMENTS:
1. That the offender is a private person;
2. That he enters the dwelling of another; and
3. That such entrance is against the latter's will.
QUALIFYING CIRCUMSTANCE: If the offense is committed
by means of violence or intimidation.
NOTES:
• There must be an opposition on the part of the
owner of the house to the entry of the accused.
- Mere absence of his consent or
permission is not enough.
• Prohibition may be express or implied.
• Dwelling: any building or structure exclusively
devoted for rest and comfort, depends upon use;
maybe a room; implied prohibition depending on
circumstances.
• Implied prohibition is present considering the
following situation. Ex. Felony was committed
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late at night and everyone's asleep or entrance
was made through the window.
• Prohibition must exist prior to or at the time of
entrance.
• Prohibition is not necessary when violence or
intimidation is employed by the offender.
- Violence or intimidation may take place
immediately after the entrance.
• When there is no overt act of the crime intended
to be committed (Ex. theft), the crime is trespass
to dwelling.
• Trespass may be committed even by the owner of
the dwelling against the actual occupant thereof.
• If the offender is a public officer, the crime
committed is violation of domicile under Art. 128
NOT APPLICABLE:
1. Where the entrance is for the purpose of
preventing harm to himself, the occupants or a
third person;
2. Where the purpose is to render some service to
humanity or justice; and
3. When the accused entered the dwelling through
the window, he had no intent to kill any person
inside. His intention to kill came to his mind when
he was being arrested by the occupants thereof.
Hence, the crime of trespass to dwelling is a
separate and distinct offense from frustrated
homicide.
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ART. 281. OTHER FORMS OF TRESPASS PUNISHABLE ACTS:
1. By threatening another with the infliction upon his
ELEMENTS: person, honor or property or that of his family of
1. That the offender enters the closed premises or any wrong amounting to a crime and demanding
the fenced estate of another; - PREMISES — money or imposing any other condition, even
signifies a distinct and definite locality which is though not unlawful and the offender attained his
fixed; purpose.
2. That the entrance is made while either of them is 2. By making such threat without the offender
uninhabited; attaining his purpose.
3. That the prohibition to enter be manifest; and 3. By threatening another with the infliction upon his
4. That the trespasser has not secured the person, honor or property or that of his family of
permission of the owner or the caretaker thereof. any wrong amounting to a crime, the threat not
being subject to a condition.
Qualified Trespass to Dwelling and Other
Forms of Trespass, Distinguished ELEMENTS OF ACT NO. 1:
QUALIFIED OTHER FORMS OF 1. That the offender threatens another person with
TRESPASS TO TRESPASS(ART. 281) the infliction upon the latter's person, honor or
DWELLING (ART. 280) property, or upon the latter's family, of any wrong;
Offender is a private Offender is any person 2. The wrong amounts to a crime;
person 3. There is demand for money of that any other
The offender enters a Offender enters closed condition is imposed even if not unlawful; and
dwelling house premises or fenced estate 4. That the offender attains his purpose.
Inhabited Uninhabited
Act constituting the Entering of closed premises ELEMENTS OF ACT NO. 3:
crime is entering the without permission 1. That the offender threatens another person with
dwelling against will of the infliction upon the latter's person, honor or
owner property, or upon the latter's family, of any wrong;
Prohibition from Prohibition must be manifest 2. The wrong amounts to a crime; and
entering may be 3. The threat is not subject to a condition.
express or implied
NOTES:
SECTION 3. — THREATS AND COERCION • Aggravating circumstances: (1) if made in writing,
or (2) made through a middleman,
ART. 282. GRAVE THREATS • The penalty under the first act is lower if the
offender did not attain his purpose.
• The crime is frustrated if the threat was not
received by the person being threatened.

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• Consummated as soon as the threats come to the • Requires that there be a demand of money or
knowledge of the person threatened that other condition be imposed.
• Threat must not made in heat of anger, because • Blackmailing may be punished under this
such threat would be punished as "Other Light provision.
Threats."
• Grave threats may be committed by indirect ART. 284. BOND FOR GOOD BEHAVIOR
challenge to a gun fight, even if complainant was • The person making the threats under the 2
absent when challenge was made; it is sufficient preceding articles (grave and light threats) may also
that threats came to knowledge of offended party. be required by the court to give bail conditioned
• Threats made in connection with the commission of upon the promise not to molest the person
other crimes are absorbed by the latter. threatened.
• The offender in grave threats does not demand the
delivery on the spot of the money or other personal Bond for Good Behavior and Bond to Keep the Peace,
property asked by him. Otherwise, that is robbery by Distinguished
intimidation.
ART 284 ART 35
• Essential that there be intimidation: that there's a
Bond for good behavior Bond to keep the peace
promise of some future harm or injury.
Only for grave threats and Application not to threats
• Act threatened to be done must be wrong. light threats particular cases only
It is an additional penalty Distinct penalty
ART. 283. LIGHT THREATS
If he shall fall to give bail, If he fails to give the bond,
ELEMENTS: he shall be sentenced to he shall be detained for a
detierro period not exceeding 6
1. That the offender makes a threat to commit a months if prosecuted for
grave felony or 30 days if
wrong;
prosecuted for light felony
2. That the wrong does notconstitute a crime;
3. That there is a demand for money or that other
condition is imposed, even though not unlawful; ART. 285. OTHER LIGHT THREATS
4. That the offender has either attained or not
attained his purpose PUNISHABLE ACTS:

NOTES: 1. By threatening another with a weapon (even if

there's no quarrel), or by drawing a weapon in a
• In light threats, the wrong threatened does not quarrel, unless it be in lawful self-defense.
amount to a crime. 2. By orally threatening another, in the heat of
anger, with some harm constituting a

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crime, without persisting in the idea involved in
the threat.
3. By orally threatening another with harm not
constituting a felony.
NOTES:
• No demand for money or condition involved.
• Threat is not deliberate.
• That which ordinarily are grave threats may be
considered under this article if made in the heat of
anger.
• Where threats are directed to a person who is
absent and uttered in a temporary fit of anger, the
offense is only light threats.
ART. 286. GRAVE COERCIONS
TWO WAYS OF COMMITTING GRAVE COERCION
1. By preventing another by means of violence,
threats or intimidation, from doing something not
prohibited by law.
2. By compelling another by means of violence,
threats or intimidation to do something against his
will whether it be right or wrong.
ELEMENTS:
1. That a person:
a. prevented another from doing something
not prohibited by law; or
b. compelled another to do something against
his will, be it right or wrong;
2. That the prevention or compulsion is effected by
violence, threats, or intimidation; and 3. Without
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authority of law or not in the exercise of any
lawful right.
WHEN PREVENTING NOT CONSIDERED COERCION:
1. When a public officer prevents the ceremonies of
a religious group under Art. 132;
2. When a person prevents the meeting of a
legislative assembly under Art. 143; and
3. When a person prevents a member of Congress
from attending meetings, expressing his opinions
or casting his vote through the use of force or
intimidation.
WHEN COMPELLING NOT COERCION:
1. When a public officer compels a person to
change his residence under Art. 127; and
2. When a person kidnaps his debtor to compel him
to pay under Art. 267.
AGGRAVATING CIRCUMSTANCES:
1. Violation of the exercise of the right of suffrage;
2. Compelling another to perform a religious act ;or
3. Preventing another from exercising such right or
from doing such act (as amended by RA. 7890).
NOTES: The thing prevented from execution must not be
prohibited by law. Otherwise, there will be no coercion.
• Owner of a thing has no right to prevent
interference when such interference is
necessary to avert greater damage.
Coercion is consummated even if the
offended party did not accede to the
purpose of the coercion.
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Grave Coercion and Illegal Detention, Distinguished prevent him, and after the complainant had finished
doing it, the defendant exerted violence on him, the
GRAVE COERCION ILLEGAL DETENTION crime committed was unjust vexation, not grave
Intent to deprive the Intent to deprive liberty
coercion."
offended party of his present
liberty is not clear ART. 287. LIGHT COERCIONS

ELEMENTS OF PAR. 1:
Grave Coercion and Maltreatment of Prisoners,
Distinguished 1. That the offender must be a creditor of the offended
party;
GRAVE COERCION MALTREATMENT OF
2. That he seizes anything belonging to his debtor,
PRISONERS
3. That the seizure of the thing be accomplished by
If the offended party is If the offended party is a
NOT a prisoner, prisoner, extracting means of violence or a display of material force
extracting information, information, using force or producing intimidation; and
using force or intimidation is maltreatment 4. That the purpose of the offender is to apply the same
intimidation is coercion to the payment of the debt.

ELEMENTS OF PAR. 2 (UNJUST VEXATION)

Grave Coercion and Unjust Vexation, Distinguished
GRAVE COERCION UNJUST VEXATION
Act of preventing by force Act of preventing by force
was made at the time the was already done when the
offended party was doing violence was exerted
or about to do the act
prevented
NOTE:In People v. Madrid, C.A., 53 O.G. 711,the Court
said that "in the crime of grave coercion, the person
coercing must have restrained his victim from doing
something, not prohibited by law, at the time he wanted
to do it. The coercing person must have exerted violence
on his victim at the very moment that the latter is doing
or is about to something he wants to do. If the
defendant, however, had told the complainant not to do
something he desired to do, but complainant went ahead
and did it, without the defendant doing anything to
• Any other coercion or unjust vexation.
• Paragraph 2 of Art. 287 covers unjust vexation. It
includes any human conduct which, although not
productive of some physical or material harm
would, however, unjustly annoy or vex an
innocent person.
• Light coercion under the 1st paragraph of this
article will only be unjust vexation if the 3rd
element (employing violence or intimidation) is
absent.
ART. 288. OTHER SIMILAR COERCIONS — (COMPULSORY
PURCHASE OF MERCHANDISE AND PAYMENT OF WAGES
BY MEANS OF TOKENS)
PUNISHABLE ACTS:
1. By forcing or compelling, directly or indirectly, or
knowingly permitting the

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forcing or compelling of the laborer or employee
of the offender to purchase merchandise or
commodities of any kind from him.
2. By paying the wages due his laborer or
employee by means of tokens or objects other
than the legal tender currency of the Philippines,
unless expressly requested by such laborer or
employee.
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; and
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 him 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 of the Philippines; and
3. That such employee or laborer does not expressly
request that he be paid by means of tokens or
objects.
ART. 289. FORMATION, MAINTENANCE, AND
PROHIBITION OF COMBINATION OF CAPITAL OR LABOR
THROUGH VIOLENCE OR THREATS
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ELEMENTS:
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; and
2. That the purpose is to organize, maintain or
prevent coalitions of capital or labor, strike of
laborers or lockout of employees; and
3. The act shall not constitute a more serious
offense.
NOTE: Peaceful picketing is not prohibited; must be
confined strictly and in good faith to gaining information
and to peaceful persuasion and argument
- Employing violence or making threats by
picketers may make them liable for
coercion.
Chapter 3: Discovery and revelation of secrets
ART. 290. DISCOVERING SECRETS THROUGH SEIZURE OF
CORRESPONDENCE
ELEMENTS:
1. That the offender is a private individual
or even a public officer not in the
exercise of his official function;
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2. That he seizes the papers or letters of another;
3. That the purpose is to discover the secrets of
such other person; and
4. That offender is informed of the contents or
the papers or letters seized.
NOTES:
• SEIZE - to place in the control of someone a thing
or to give him the possession thereof; it is NOT
necessary that in the act, there be force or
violence.
• This article is not applicable to parents with
respect to their minor children or to spouses with
respect to the papers or letters of either of them.
• Contents of the correspondence need not be
secret. The purpose of the offender prevails.
• Qualifying circumstance: When the offender
reveals the contents of such papers or letters to a
3rd person.
• This article does not require that the offended
party be prejudiced.
Compare Discovering Secrets v. Revealing Public Secrets
DISCOVERING SECRETS PUBLIC OFFICER
THROUGH SEIZURE OF REVEALING SECRETS OF
CORRESPONDENCE (ART. 290) PRIVATE INDIVIDUAL
(ART. 230)
Private individual who seizes Public officer comes to
the papers or letters of know of secret of any
another to discover the private individual by
latter's secrets reason of his office
Not necessary that there be a Public officer comes to
secret know. of secret of any
private individual by
reason of his office
If there was, necessary to Reveals secret without
revealed not be revealed justifiable means
ART. 291. REVEALING SECRETS WITH ABUSE OF OFFICE
ELEMENTS:
1. That the offender is a manager, employee or
servant;
2. That he learns the secrets of his principal or master
in such capacity; and
3. That he reveals such secrets.
NOTES: Damage is not required by this article. Secret
must be learned by reason of their employment
ART. 292. REVELATION OF INDUSTRIAL SECRETS
ELEMENTS:
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; and
4. That prejudice is caused to the owner.
NOTES:
• Prejudice is an essential element of this offense.
• The revelation of the secret, which must relate to
manufacturing processes, might be made after the
employee or workman

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had ceased to be connected with the establishment 3. Taking was with Intent to gain (animus establishment.
• Not applicable when secret is used for his own lucrandi); and
benefit
4. That there is (a) violence against or intimidation of
PLEASE SEE SPL REVIEWER ON RA 4200 ANTI- person or (b) force upon anything.
WIRETAPPING ACT AND R.A. 9372 HUMAN SECURITY ACT
2007, SEC 7, 26, 28, 46 DISTINCTIONS BETWEEN EFFECTS OF EMPLOYMENT OF
VIOLENCE OR INTIMIDATION AND USE OF FORCE UPON
THINGS
X. Crimes Against Property
VIOLENCE AGAINST OR FORCE UPON ANYTHING
INTIMIDATION OF
PERSONS
Chapter 1: Robbery in General WHEN ROBBERY
Always, whenever Only when force is used to
violence against or either:
ROBBERY is the taking of personal property belonging to
intimidation of any a. enter the building, or
another, with intent to gain, by means of violence person is present b. to break doors,
against, or intimidation of any person, or using force wardrobes, chests, or
upon anything. any other kind of
locked or sealed
Taking, as an element of robbery, means depriving the furniture or
offended party of ownership of the thing taken with the receptacle inside the
character of permanency. The taking should not be under building or to force
a claim of ownership. Thus, one who takes the property them open outside
after taking the same
openly and avowedly under claim of title offered in good
from building
faith is not guilty of robbery even though the claim of
ownership is untenable. [Sy v. Gutierrez, G.R. No. 171579, BASIS OF PENALTY
November 14, 2012] a. result of the - When committed in an
violence used, inhabited house, public
ARTICLE 293. WHO ARE GUILTY OF ROBBERY and building, or edifice
b. existence of devoted to religious
ELEMENTS intimidation worship:
c. Value of personal a. value of the
1. There must be Personal property belonging to
property is property taken,
another;

2. Unlawful taking of that property;

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immaterial and
b. whether or not offenders
carry arms
- When committed in
an uninhabited
building:
- Value of the property
taken
NOTES:
1. Unlawful taking is complete when:
a. With violence/intimidation: property
must at least be in the possession of the
offender; and
b. With force: property must be taken out of
the building.
2. Intent to gain is presumed from unlawful taking
and must concur with "personal property
belonging to another."
3. When violence/intimidation must take place:
a. General Rule: before taking is complete;
b. Exception: when violence results in
homicide, rape, intentional mutilation, or
any of the serious physical injuries under
Art. 263, par. 1 and 2 — robbery will be
complexed with any of those crimes, even
if the taking was already complete when
the violence was used by the offender;
4. "Entrance" as an element:
1. General rule: necessary;
2. Exceptions:
A. When the robbery is committed by breaking
wardrobes, chests, or any other kind of
locked or sealed furniture or receptacle
inside an inhabited house, a public building
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or an edifice devoted to religious worship,
or by taking such furniture or objects away
to be broken or forced open outside [Art.
299, subdivision (b)]; and
B. when the robbery in an uninhabited
building, other than a public building or
edifice devoted to religious worship, is
committed by breaking any wardrobe, chest,
or any sealed or closed furniture or
receptacle, or by removing a closed or
sealed receptacle even if the same be
broken open elsewhere [Art. 302, par. 4 and
5];
5. Prohibitive articles may be the subject matter of
robbery; and
6. Taking need not be immediately after the
intimidation.
SECTION 1 — ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
ART 294. ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS
PUNISHABLE ACTS
1. By reason or on occasion of the robbery,
homicide is committed;
2. Accompanied w/ rape or intentional mutilation or
arson;
3. By reason or on occasion of robbery, any of the
physical injuries resulting in insanity, imbecility,
impotency, or blindness is inflicted (Art. 263, par.
1); or serious physical injuries resulting in the loss
of the use of speech, or the power to hear or to
smell, or the loss of an eye,
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 ATENEO LAW
hand, foot, arm, leg, or the loss of the use of any
such member or incapacity for work in w/c victim is
habitually engaged is inflicted (Art. 263, par. 2);
4. If the violence or intimidation is carried to a degree
clearly unnecessary for the crime;
5. In the course of its execution, inflicts upon any
person not responsible for the commission of
robbery any of the physical injuries resulting to
deformity, loss of any part of the body or the use
thereof, or illness or incapacity for the performance
of the work for > 90 days or > 30 days (Art. 263,
pars. 3 and 4); or
6. Does not cause any serious physical injuries defined
in Art. 263, or if the offender employs intimidation
ONLY.
NOTES:
• The crime defined in this article is a special complex
crime.
• "On the occasion" and "by reason" of the robbery
means "in the course" or "because of" robbery.
• Robbery and homicide are separate offenses, when
the homicide was not committed "on the occasion"
or "by reason" of the robbery.
PARAGRAPH 1: ROBBERY WITH HOMICIDE
a. Homicide is understood in its generic sense (i.e.,
including parricide and murder).
b. Homicide may precede or may occur after robbery;
and need not be committed in the place of robbery.
iii. HOWEVER, intent to take personal property
belonging to another with intent to gain must
precede the killing.
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iv. "Any person" may be killed; the killing of a co-robber
is still covered.
v. Participation and liability
i. Principals
All who participated as principals in the
robbery are principals in robbery with
homicide although they did not actually
take part in the killing, unless it clearly
appears they endeavored to prevent the
same. [People v. Canozo, 342 SCRA 600
(2000); People v. Hernandez, G.R. No.
139697, June 15, 2004]
ii. Accessory: Necessity of knowledge
There is an issue regarding the penalty
imposable against an accessory. Without
knowledge of the killing committed
during robbery. People v. Doble, [114
SCRA 131] and People v. Adriano [95
SCRA 107] provides that such an
accessory could not have prevented the
same, hence, should be an accessory only
to the crime of simple robbery; Art. 53 of
the RPC provides that the penalty for an
accessory is the penalty lower by two
degrees than that prescribed by law for
the consummated felony. Since robbery
cannot be disintegrated from the special
complex crime of robbery with homicide,
there is an issue on the basis of such an
accessory's penalty
vi. Distinguished from Highway Robbery
- Conviction for highway robbery requires
proof that several accused
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were organized for the purpose of committing it b. Violence or intimidation in the first case need not
indiscriminately. be present before or at the exact moment when
vii. When homicide is not proved, the crime is only the object is taken.
robbery, and vice versa. i. May be committed at any time before
the owner is finally deprived of his
PARAGRAPH 2: ROBBERY WITH RAPE property.
a. It is important to determine the primary objective PARAGRAPH 6: ROBBERY WITH VIOLENCE OR
or intent of accused.
INTIMIDATION IN OTHER CASES
b. Intent to gain from personal property of another
must precede the rape. a. Acts done, either by their own nature or by
c. Rape is committed on the occasion of robbery, reason of the circumstances under which they
even if committed in another place within the are executed, must inspire fear in the person
house. against whom they are directed.
d. When rape and homicide is committed during the i. Objective fright (due to some act on the
commission of robbery, rape is considered as an part of the accused) and NOT subjective
aggravating circumstance only to Robbery with fright (fear arising from the mere
Homicide. temperamental timidity of the offended
e. There is no Robbery with attempted rape. party).
f. Additional rapes committed on the same occasion
THREATS TO EXTORT MONEY DISTINGUISHED FROM
of robbery will not increase the penalty.
ROBBERY THRU INTIMIDATION
PARAGRAPH 4: ROBBERY WITH UNNECESSARY
VIOLENCE AND INTIMIDATION THREATS TO EXTORT ROBBERY THRU
MONEY INTIMIDATION
a. There are two cases provided: Conditional or future Actual and immediate
i. When the violence or intimidation was intimidation intimidation
Intimidation may be Intimidation is personal
carried to a degree clearly unnecessary, or
through an intermediary
ii. When physical injuries covered by sub. 3 Intimidation may refer to Intimidation is directed only
and 4 of Art. 263 were inflicted upon any person, honor or property to the offended party
person not responsible for the of the offended party
commission of robbery. Gain is not immediate Gain is immediate

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ROBBERY WITH VIOLENCE DISTINGUISHED FROM GRAVE ART. 295. ROBBERY WITH PHYSICAL INJURIES,
COERCION COMMITTED IN AN UNINHABITED PLACE AND BY A
BAND, OR WITH THE USE OF FIREARM ON A STREET,
ROBBERY WITH GRAVE COERCION VIOLENCE ROAD OR ALLEY (QUALIFIED ROBBERY)
Violence is used
Intent to gain No intent to gain INSTANCES QUALIFYING ROBBERY WITH VIOLENCE
AGAINST OR INTIMIDATION OF PERSONS
ROBBERY DISTINGUISHED FROM BRIBERY 1. in an uninhabited place, or
2. by a band, or
ROBBERY BRIBERY
The owner of the property The owner of the property 3. by attacking a moving train, street car, motor vehicle
didn't commit a crime but is has committed a crime and or airship, or
intimidated to deprive him gives money as way to 4. by entering the passenger's compartments in a train,
of his property avoid arrest or prosecution or in any manner taking the passengers thereof by
Deprived of money thru Giving of money is in a surprise in the respective conveyances, or
force or intimidation; sense voluntary. 5. on a street, road, highway or alley and the
neither voluntary nor
intimidation is made with the use of firearms,
mutual
Example: Accused, a sanitary inspector, demands whether licensed or unlicensed.
payment of an amount with threats of arrest and
NOTES:
prosecution after inspection in the offended party's
store. The crime committed is robbery because the • This article will not apply to the special complex
principal distinction from bribery is the voluntariness of
crimes of robbery w/ homicide, w/ rape, or w/
the transaction on the part of the owner of the property
[People v. Francisco, G.R. No. 21390, March 26, 1924] serious physical injuries under paragraph 1 of Art.
263
• Circumstances must be alleged in the information
and proved during trial.
• These cannot be offset by generic mitigating
circumstances.

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ART. 296. DEFINITION OF A BAND AND PENALTY
INCURRED BY MEMBERS THEREOF
ROBBERY IS DEEMED COMMITTED BY A BAND:
When at least 4 armed malefactors take part.
REQUISITES FOR LIABILITY FOR THE ACTS OF THE OTHER
MEMBERS OF THE BAND:
1. That the accused was a member of the band;
2. That he was present at the commission of a robbery
by that band;
3. That the other members of the band committed an
assault; and
4. That he did not attempt to prevent the assault.
NOTES:
1. If the robbery and assault were committed by a
band and or in conspiracy (even if it was for robbery
only), all participants are liable; unless:
a. The accused prevented the assault or
attempted to prevent; or
b. The accused is a principal by inducement as to
the commission of robbery UNLESS he ordered
such killing or the commission of other crimes.
2. Proof of conspiracy is not necessary when four or
more armed persons committed robbery.
3. If rape was committed by one member of the band
w/o the knowledge of the others, he alone is guilty
of robbery with rape.
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ART 297. ATTEMPTED AND FRUSTRATED ROBBERY
COMMITTED UNDER CERTAIN CIRCUMSTANCES
ATTEMPTED OR FRUSTRATED ROBBERY WITH HOMICIDE
1. The term "homicide" is used in its generic sense.
2. The crime is a special complex crime.
3. Attempted or frustrated robbery with serious
physical injuries is not covered; it is under Art. 48.
4. There must be overt acts pointing to robbery.
ART 298. EXECUTION OF DEEDS BY MEANS OF VIOLENCE
OR INTIMIDATION
ELEMENTS:
1. 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; and
3. That the compulsion is by means of violence or
intimidation
NOTES:
• This article is not applicable if the document is void.
• Distinguished from grave coercion:
o When the offended party is under obligation to
sign, execute or deliver the document under
the law or when there is no intent to defraud, it
is grave coercion.
o "Public" describes instrument only; hence,
article applies to private or commercial
documents.
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Instrument v. Document, Distinguished
DOCUMENT
A mere Any written statement by which a right is
written established or an obligation extinguished; a
statement writing or instrument by which a fact may be
proven and affirmed
SECTION 2 — ROBBERY BY THE USE OF FORCE UPON
THINGS
TWO (2) INSTANCES:
1. Robbery occurred in:
a. An inhabited house or public building or edifice
devoted to religious worship (Art. 299), or
b. An uninhabited place or in a private building (Art.
302); and
2. If the offender did not enter the premises, but the
offender broke a wardrobe, chest, or any other kind
of locked or closed or sealed furniture or receptacle
in the house or building, or he took it away to be
broken or forced open outside.
ART 29g. ROBBERY IN AN INHABITED HOUSE OR PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP
SUBDIVISION (A)
A. ELEMENTS
1. That the offender entered
a. an inhabited house, or
b. public building, or
c. edifice devoted to religious worship;
2. That the entrance was effected by any of the
following means:
a. Through an opening not intended for entrance
or egress,
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b. By breaking any wall, roof, or floor or breaking
any door or window,
c. By using false keys, picklocks or similar tools, or
d. By using any fictitious name or pretending the
exercise of public authority; and
3. That once inside the building, the offender took
personal property belonging to another with intent
to gain.
B. There must be intention to take personal property in
entering the building.
C. The offender must enter the building in which the
robbery was committed (i.e., whole body of the
culprit must be inside the building).
D. Inhabited house is any shelter, ship or vessel
constituting the dwelling of one or more persons
even though the inhabitants thereof are temporarily
absent therefrom when the robbery is committed.
E. Public building is every building owned by the
Government or belonging to a private person but
used or rented by the Government, although
temporarily unoccupied by the same.
F. False keys are genuine keys stolen from the owner or
any keys other than those intended by the owner for
use in the lock forcibly opened by the offender (Art.
305).
G. Picklock or similar tools are those specially adopted
to the commission of robbery (Art. 304).
H. When the false key is used to open wardrobe or
locked receptacle or drawer or inside door, it is only
theft.
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I. Using of fictitious name or pretending the exercise of
public authority must be the efficient cause of the
opening by the offended party of the door of his
house to the accused.
J. The four means described must be resorted to by
offender to enter, not to get out.
SUBDIVISION (B)
A. ELEMENTS
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; and
2. That the offender takes personal property belonging
to another with intent to gain, under any of the
following circumstances:
a. by the breaking of doors, wardrobes, chests,
or any other kind of locked or sealed furniture
or receptacle, or
b. by taking such furniture or objects away to be
broken or forced open outside the place of the
robbery.
B. Entrance need not be effected by any of the means
mentioned in subdivision (a).
C. "Doors" refer only to 'doors, lids, or opening sheets"
of furniture or other portable receptacles — not to
inside doors of house or building.
D. When sealed box is taken out for the purpose of
breaking it, crime is already consummated robbery.
There is no need to actually open it inside the
building from where it was taken.
E. Distinguished from estafa or theft
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1. If the box was confided into the custody of accused
and he takes the money contained therein, the crime
is estafa.
2. If the box was found outside of the building and the
accused forced it open, the crime is theft.
ART 300. ROBBERY IN AN UNINHABITED PLACE AND BY
A BAND
Penalty in previous article will be the maximum period if:
1. Robbery with force upon things — must be
committed in an uninhabited place and by a
band.
• The inhabited house, public building, or
edifice devoted to religious worship
MUST be located in an uninhabited place.
AS OPPOSED TO: Robbery with violence against
or intimidation of persons — must be committed
in an uninhabited place or by a band.
ART 301. WHAT IS AN INHABITED HOUSE, PUBLIC
BUILDING, OR BUILDING DECLARED TO RELIGIOUS
WORSHIP AND THEIR DEPENDENCIES
REQUISITES FOR DEPENDENCIES
All interior courts, corrals, warehouses, granaries or
enclosed places must be:
1. Contiguous to the building;
2. Having an interior entrance connected therewith, and
3. Forming part of the whole.
• Place is still considered inhabited even if
the occupant is absent when robbery
occurred.
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ART. 302. ROBBERY IN AN UNINHABITED PLACE OR IN A
PRIVATE BUILDING
ELEMENTS:
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
a. That entrance was effected through an opening
not intended for entrance or egress,
b. A wall, roof, floor, or outside door or window
was broken,
c. The entrance was effected through the use of
false keys, picklocks or other similar tools,
d. A door, wardrobe, chest, or any sealed or
closed furniture or receptacle was broken; or
e. A closed or sealed receptacle was removed,
even if the same be broken open elsewhere;
and
3. That with intent to gain, the offender took
therefrom personal property belonging to another
NOTES:
1. Uninhabited place means an uninhabited building.
2. Building includes any kind of structure for storage
or safekeeping of personal property.
3. Robbery in a store a. Art. 299 — if the store is used
as a dwelling; or if the store is a dependency of an
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inhabited house with an interior entrance
connected therewith; and b. Art. 302 — if the store
is not used as a dwelling.
4. Taking of mail matter or large cattle in any kind of
robbery makes the penalty higher by one degree.
5. Penalty is based on value of property taken.
ART. 303. ROBBERY OF CEREALS, FRUITS, OR FIREWOOD
IN AN UNINHABITED PLACE OR PRIVATE BUILDING
NOTES:
1. When the robbery described in Arts. 299 and 302
consists in the taking of cereals, fruits, or firewood,
the penalty is one degree lower.
a. Only when robbery is committed by the
use of force upon things.
2. The palay must be kept by the owner as "seedling"
or taken for that purpose by the robbers.
a. Does not include taking sacks of hulled
rice (bigas) — falls under Art. 302.
ART. 304. POSSESSION OF PICKLOCKS OR SIMILAR
TOOLS
ELEMENTS
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; and
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3. That the offender does not have lawful cause for such c. to attain by means of force and violence
possession. any other purpose.

NOTES: NOTES:

• Actual use of the picklocks or similar tools is not • The existence of any of the purpose mentioned is
necessary. sufficient (i.e., mere formation) to convict.
• Liability of a locksmith is higher than that of a mere • If any of the members carries unlicensed firearm, all
possessor are presumed highway robbers or brigands.
• Arms carried need not necessarily be firearms—as
ART. 305. FALSE KEYS long as they are deadly weapons.
WHAT CONSTITUTES FALSE KEYS BRIGANDAGE DISTINGUISHED FROM ROBBERY BY A
1. Picklocks or similar tools; BAND
2. Genuine keys stolen from the owner; and
BRIGANDAGE ROBBERY BY A BAND
3. Any key other than those intended by owner for Purposes are those Purpose is only to commit
use in the lock forcibly opened by the offender. enumerated above robbery, not necessarily in
highway
NOTES: Agreement to commit Agreement is to commit
robbery not limited to one only a particular robbery
• If the key was entrusted to the offender and he
occasion
used it to steal, crime is not robbery but theft. Mere formation of a band is It is necessary to prove
• Possession of false keys in (2) and (3) are not sufficient to convict actual commission of
punishable. robbery
Both require that the offenders form a band of robbers
Chapter 2: Brigandage

ART. 306. WHO ARE BRIGANDS –PENALTY THINGS TO PROVE:

ELEMENTS: 1. That there is an organization of more than 3 armed

1. There are at least 4 armed persons;
2. They formed a band of robbers;
3. The purpose is any of the following:
a. to commit robbery in the highway; or
b. to kidnap persons for the purpose of
extortion or to obtain ransom; or
persons forming a band of robbers; 2
2. That the purpose of the band is any of those
enumerated;
3. That they went upon the highway or roamed upon
the country for that purpose; and 4. That the
accused is a member of the band.

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ART. 307. AIDING AND ABETTING A BAND OF BRIGANDS
ELEMENTS:
1. That there is a band of brigands;
2. That the offender knows the band to be of brigands;
and
3. That the offender does any of the following acts:
a. he in any manner aids, abets or protects such
band of brigands, or
b. he gives them information of the movements
of the police or other peace officers of the
Government, or
c. he acquires or receives the property taken by
such brigands.
PRESUMPTION OF LAW AS TO KNOWLEDGE
Any person performing any of the acts provided in this
article has performed them knowingly, unless the
contrary is proven.
Chapter 3: Theft
ART. 308. WHO ARE LIABLE FOR THEFT
ELEMENTS:
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; and
5. That the taking be accomplished without the use of
violence against or intimidation of persons or force
upon things.
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PERSONS LIABLE
1. Those who:
a. with intent to gain;
b. but without violence against or intimidation
of persons nor force upon things;
c. take personal property of another; and d.
without the latter's consent.
2. Those who:
a. having found lost property; and
b. fail to deliver the same to the local
authorities or its owner.
• Retention of money/property found is
theft. What is punished is retention or
failure to return with intent to gain.
• The offender's knowledge of the identity
of the owner of the property is not
required. His knowledge that the
property is lost is enough.
3. Those who:
a. after having maliciously damaged the property of
another,
b. Shall remove or make use of the fruits or object
of the damage caused by them.
• Killing the cattle of another which
destroyed his (offender's) property and
getting meat for himself is theft.
4. Those who
a. enter an enclosed estate or a field;
b. where trespass is forbidden or which belongs to
another; and
c. without the consent of its owner, hunt, fish or
gather fruits, cereals or other farm products.
• Fishing should not be in the fishpond or
fishery within the field
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or estate; otherwise, it is qualified theft under • Consent (of owner) contemplated in the element of
Art. 310. theft refers to consent freely given and not merely
implied from silence of the owner.
NOTES: a. Allegation of lack of consent is
• Unlawful taking consummates theft even in the indispensable.
absence of the opportunity to dispose of the
DISTINGUISHED FROM ESTAFA
personal property taken. The presumed inability of
the offenders to freely dispose of the stolen THEFT ESTAFA
property does not negate the fact that the owners If only material possession If juridical possession is
have already been deprived of their right to (i.e. custody of object) was transferred (Ex., by a
possession upon the completion of the taking. given to the accused and it contract of bailment) to the
is actually taken by him accused and he takes the
People v. Valenzuela [G.R. No. 160188, June 21,
with no intent to return property with intent to gain
2007], overturning the ruling in People v. Dino, 45
O.G. 3446, 18 February 1948, and People v. Flores,
C.A 62 O.G. 2644, 1964 holding that the DISTINGIUSHED FROM ROBBERY
determinative fact of consummation of theft is the
THEFT ROBBERY
ability of the offender to dispose freely of the
If violence or intimidationIf violence or intimidation
articles stolen)
is committed after taking is
committed after taking is
• Taking is consummated the moment the offender complete complete results in
has full possession of the thing even if he did not homicide, rape, intentional
have an opportunity to dispose of the same; it does mutilation, or serious
not require the "taking away or carrying away." physical injuries — it's a
• The "taking" must be accompanied by the special complex crime
intention, at the time of the taking, of withholding Force is absorbed Force is employed to enter
Sufficient that consent on Necessary that there
the thing with character of permanency. [People v.
the part of the owner is should be a taking against
Rico, et al. C.A., 50 O.G. 3103; People v. Galang, et lacking the will of the owner
al. C.A., 43 O.G. 577]
• Intent to gain is presumed from the unlawful
taking. a. Except if the person takes the thing from • In theft of lost property, it is necessary to prove:
another believing in good faith to be his own. a. Time of the seizure of the things;
b. That it was lost property belonging to
another; and

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c. That the accused having had the opportunity to
return or deliver the lost property to its owner or
to the local authorities, refrained from doing so.
• There is no frustrated theft.
• Actual or real gain is not necessary; enough that on
taking the property, the accused was actuated by the
desire or intent to gain.
• Unless force upon things is used to enter a building, it
is theft and not robbery. However, it is robbery when
a furniture, chest, or other locked/sealed receptacle
is broken in the house or building or taken therefrom
and broken outside.
• When a person possesses part of recently stolen
property, he is presumed to be the thief of all unless
he has a satisfactory explanation of his possession.
• Theft is NOT a continuing offense.
ART 309. PENALTIES
BASIS
2. The value and/or the nature of the thing taken, or
3. The circumstances or causes that impelled the
culprit to commit the crime.
• If there is no evidence of the value of the
property stolen, the court should:
a. impose the minimum penalty involving
the value of P5.00; or
b. take judicial notice of its value.
ART 310. QUALIFIED THEFT CIRCUMSTANCES
1. It is committed by a domestic servant, or
2. Committed with grave abuse of confidence, or
3. The property stolen is a:
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a. motor vehicle;
b. mail matter;
c. large cattle;
d. coconut from the premises of a plantation
(whether still in the tree or deposited on
the ground); and e. fish from a fishpond or
fishery; or
4. Committed on the occasion of calamities,
vehicular accident and civil disturbance.
NOTES:
• "Grave abuse of confidence" necessitates a high
degree of confidence between the offender and the
offended party. (Ex. guests); there must be an
allegation in the information of proof of a relation
by reason of dependence, guardianship or vigilance,
between the accused and the offended party, that
has created a high degree of confidence between
them.
• Theft is qualified if it is committed by one who has
access to the place where stolen property is kept.
(Ex. security guards, tellers)
• A bank's employees are entrusted with the
possession of money of the bank due to the
confidence reposed in them and as such they occupy
positions of confidence. Thus, when a bank manager
issues manager's checks in order to take money
from certain accounts to benefit himself and
another, such manager is guilty of qualified theft.
[PNB v. Tria, G.R. No. 193250, April 25, 2012]
• Theft by a laborer is only simple theft; not all theft
by a housemate is qualified theft.
• Novation theory applies only when there's
contractual relationship between the accused and
complainant.
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• Large cattle — animal must be taken alive.
• Theft by domestic servant is ALWAYS qualified.
OTHER CIRCUMSTANCES
1. Theft of motor vehicle is covered by:
a. Anti-Camapping Act of 1972 (R.A. 6539);
2. Theft of large cattle is covered by:
a. Anti-Cattle Rustling Law of 1974.
ART 311. THEFT OF THE PROPERTY OF THE NATIONAL
LIBRARY AND NATIONAL MUSEUM
It has a fixed penalty regardless of its value.
PLEASE SEE SPL REVIEWER ON P.D. 1612 & ITS
IMPLEMENTING RULES AND REGULATIONS ANTI-
FENCING LAW
Chapter 4: Usurpation
ART. 312. OCCUPATION OF REAL PROPERTY OR
USURPATION OF REAL RIGHTS IN PROPERTY
ELEMENTS
1. That the offender:
a. takes possession of any real property, or
b. usurps any real rights in property;
2. That the real property or real rights belong to
another;
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3. That violence against or intimidation of persons is
used by the offender in occupying real property or
usurpation of real rights in property; and
4. That there is intent to gain
DISTINGUISHED FROM THEFT OR ROBBERY
USURPATION THEFT OR ROBBERY
Occupation or usurpation Taking or asportation
Involves real property or Involves personal property
real right
Intent to gain
NOTES:
• Violence/intimidation must be the means used in
occupying real property or usurping real right
belonging to another.
• Criminal action is not a bar to civil action for
forcible entry.
ART. 313. ALTERING BOUNDARIES OR LANDMARKS
ELEMENTS
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;
and
2. That the offender alters said boundary marks.
• Intent to gain or fraudulent intent is not
necessary; mere alteration is sufficient.
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ATENEO LAW
• Alter has a general and indefinite meaning; to Chapter 6: Swindling and Other Deceits
make different without changing into something
else. ART. 315. SWINDLING (ESTAFA)

Chapter 5: Culpable Insolvency ELEMENTS, IN GENERAL

ART. 314. FRAUDULENT INSOLVENCY 1. Accused defrauded another

a. by abuse of confidence, or
ELEMENTS: b. by means of deceit; and
2. That damage or prejudice capable of pecuniary
1. Offender is a debtor; that is, he has obligations due estimation is caused to the offended party or third
and payable; person. The element of damage or prejudice may
2. Offender absconds with his property; and consist in:
3. That there be prejudice to his creditors. a. The offended party being deprived of his
• Actual prejudice is required; mere intention money or property, as a result of the
to prejudice is not sufficient. defraudation,
o may involve real property b. Disturbance in property rights, or
Insolvency under the Insolvency Law and Fraudulent c. Temporary prejudice
Insolvency under the RPC, Distinguished WAYS OF COMMITTING ESTAFA
INSOLVENCY LAW FRAUDULENT INSOLVENCY A. Estafa with unfaithfulness or abuse of
That the criminal act No requirements; necessary
confidence
should have been that defendant should have
committed after the been adjudged bankrupt or 1. Altering the substance Elements:
institution of insolvency insolvent a. Offender has an onerous obligation
proceedings, before the to deliver something of value;
Law applies b. That he alters its substance, quantity,
or quality; and
c. That damage or prejudice is caused
to another.
• When there's no agreement as
to the quality of the thing to be
delivered, the delivery of the
thing not acceptable to the
complainant is not estafa.

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• The crime may arise even though the
obligation is based on an immoral or illegal
consideration.
2. By misappropriation or conversion
2.1. Elements
a. 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;
b. That there be misappropriation or
conversion of such money or property by
the offender, or denial on his part of such
receipt;
c. That such misappropriation or conversion
or denial is to the prejudice of another; and
d. That there is a demand made by the
offended party to the offender.
2.2. NOTES:
a. Juridical possession (right of possession
which may be set up against its owner) is
transferred.
i. As opposed to (a) transfer of
material possession which results
in theft, or (b) transfer of
ownership which results in civil
liability only.
ii. It is presumed that the
possession of, and title to, the
thing delivered remains in the
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owner, when the delivery of a
chattel does not have the effect
of transferring the juridical
possession thereof, or title
thereto.
iii. Includes quasi-contracts and
certain contracts of bailment
(deposit, lease, commodatum,
but not mutuum [loan of mon
ey1).
iv. Criminal liability for estafa is not
affected by subsequent novation
of contract after estafa has
already consummated been or
incurred, or after criminal
information/complaint has
already been filed.
b. Second element: 3 ways of committing
estafa w/ abuse of confidence:
Misappropriation, conversion, denial:
i. Misappropriation is to take
something for one's own benefit;
and
ii. Conversion is to use or dispose of
another's property as if it were
one's own.
c. Third element: Prejudice refers to
"another" or any third person and not
merely to the owner.
i. A partner may be liable for estafa
if he misappropriates the share
of another partner
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in profits or if he receives money/property for a ESTAFA WITH ABUSE OF THEFT
specific purpose and later misappropriates it. CONFIDENCE
Offender receives the Offender takes the thing
d. Fourth element: Demand is not required by law; but thing from the offended
it is necessary to provide circumstantial evidence, if party
there is failure to account upon demand. If in receiving the thing, If in receiving the thing, the
the offender acquired offender acquired only
Demand is not dispensed with even if: not only material but material or
also juridical possession transitorypossession, while
i. the offender cannot be located; BUT in People v. of possession the thing the juridical possession
Villeoas [56 O.G. 11, 1938], if the offender is in remains with the offended
hiding, it is a clear indication of a premeditated party
intention to abscond with the thing received and
the offender could not have complied with the TEST TO DISTINGUISH ESTAFA FROM THEFT: Whether or
demand even if made, hence, demand is not not the owner expects the immediate return of the thing
necessary; Or he delivered to the accused:
ii. there was an agreement upon specific time for
delivery or return of the things received; a. if yes, it is theft;
BUT in People v. Librea [48 O.G. 5305], if the b. otherwise, it is estafa;
receipt signed by the accused stipulated a unless the offender is a servant, domestic, or
specified date for the return of the thing, such employee where custody is only precarious and for
specified date is in itself a demand dispensing a temporary purpose or for a short period, hence,
with the need for a subsequent demand to be juridical or constructive possession remains with
made. the owner (Constructive possession is when the
e. There is no estafa through owner still has under his control and management
negligence. and subject to his disposition the thing even if
actual physical possession is already transferred).

DISTINGUISHED ESTAFA WITH ABUSE OF CONFIDENCE

FROM THEFT

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DISTINGUISHED FROM MALVERSATION d. That the document so written creates a liability
of, or causes damage to, the offended party or
ESTAFA WITH ABUSE OF MALVERSATION any third person.
CONFIDENCE
Offenders are entrusted with funds or property 3.2. If the paper with signature in blank was stolen, the
Continuing offense crime is falsification if the offender made it appear that
Always involves private Involves public funds or
the victim participated in a transaction when in fact he
funds property
did not so participate.
Offender is a private Offender is a public officer
individual, or a public accountable for public
B. By means of deceit
officer not accountable for funds
public funds 1. Elements
Committed by Committed by
a. That there must be a false pretense,
misappropriating, appropriating, taking or
converting, denying having misappropriating or fraudulent act or fraudulent means;
received money consenting, or, through b. That such false pretense, fraudulent act or
abandonment or fraudulent means must be made or executed
negligence, permitting prior to or simultaneously with the
another to take commission of the fraud;
c. That the offended party must have relied on
the false pretense, fraudulent act, or
3. By taking undue signature of the blank
fraudulent means, that is, he was induced to
3.1. Elements part with his money or property because of
the false pretense, fraudulent act, or
a. That thepaper with signature party be in blank; fraudulent means; and
b. That the offended party should have delivered it d. That as a result thereof, the offended party
to offender; suffered damage.
c. That above the signature of the offended party a
document is written by the offenderwithout
authority to do so; and

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ESTAFA BY MEANS OF DECEIT AND THEFT, 2. By altering the quality, fineness, or weight of
DISTINGUISHED anything pertaining to his art or business;
3. By pretending to have bribed any Government
ESTAFA BY MEANS OF THEFT employee, without prejudice to the action for
DECEIT
calumny (meaning an untrue statement that is
Involves both material or Involves only material or
physical possession and physical possession made to damage someone's reputation) which
juridical possession the offended party may deem proper to bring
Always involves deceit May or may not involve against the offender;
deceit 4. By postdating a check, or issuing a check in
payment of an obligation when the offender had
no funds in the bank, or his funds deposited
2. Two ways of committing:
therein were not sufficient to cover the amount
a. By means of false pretence or fraudulent
of the check;
act, or
a. Prima facie evidence of deceit: failure
b. Through fraudulent means.
to deposit the amount necessary to
B.1. By means of false pretense or fraudulent act cover check within three (3) days from
receipt of notice from bank of dishonor
1. By using fictitious name, or falsely pretending to for insufficiency of funds;
possess power, influence, qualifications, b. The check issued must be genuine, and
property, credit, agency, business or imaginary not falsified; otherwise, it is estafa by
transactions, or by means of other similar means of false pretense or through
deceits; falsification;
a. It is indispensable that the element of c. The obligation covered by the check
deceit (i.e., the false statement or must be contracted at the time of the
fraudulent representation) be made prior issuance and delivery of the check;
to, or at least simultaneously with, the otherwise (i.e., if for a pre-existing
delivery of the thing such that the deceit obligation), there is no estafa;
used constitutes the very cause or the d. The accused must be able to obtain
only motive which induces the something from the offended party by
complainant to part with the thing; means of

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the check — damage done against the offended
part;
e. There is no estafa if the post-dated checks are
issued and intended merely as a security;
PLEASE SEE SPL SECTION ON BOUNCING CHECKS LAW
(B.P. 22) PLUS ADMINISTRATIVE CIRCULAR NO. 12-2000
RE: PENALTY FOR VIOLATION OF B.P. 22 AND
ADMINISTRATIVE CIRCULAR NO. 13-3001 RE:
CLARIFICATION OF AC 12-2000: AND P.D. NO. 1689
(INCREASING THE PENALTY FOR CERTAIN FORMS OF
SWINDLING OR ESTAFA).
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therefore, with intent to defraud the
proprietor or manager thereof;
b. b. By obtaining credit therein by the use
of any false pretense; and
c. By abandoning or surreptitiously
removing any part of his baggage from
therein after obtaining credit, food,
refreshment, or accommodation therein,
without paying therefore.
8.2. Through fraudulent means
1. By inducing another to sign any document;

DISTINGUISHED ESTAFA BY POSDATING A CHECK FROM ELEMENTS:

BOUNCING CHECKS LAW
a. That the offender induced the offended party to
ESTAFA BY POSTDATING BOUNCING CHECKS LAW sign a document;
A CHECK [ART. 315, PAR. (B.P. 22) b. That deceit be employed to make him sign the
2(D)] document;
Offender employed No deceit employed; c. That the offended party personally signed the
deceit malumprohibitum document;
Payee or person using No damage necessary
d. That prejudice be caused;
receiving the check must
be defrauded or 2. By resorting to some fraudulent practice to insure
damaged (damage being success in a gambling game;
the basis of penalty) 3. By removing, concealing or destroying documents;
Does not cover checks May be issued to cover for
issued for a pre-existing pre-existing obligation ELEMENTS:
obligation
a. That there be court record, office files, documents
or any other papers;
5. By any of the following acts committed at a hotel, b. That the offender removed, concealed, or
inn, restaurant, boarding house, lodging house, or destroyed any of them; and
apartment house: c. That the offender had intent to defraud another.
a. By obtaining food, refreshment or
accommodation therein without paying

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DISTINGUISHED FROM FALSIFICATION PAR. 3(C)]
Similar in the manner of committing the offense
ESTAFA BY INDUCING FALSIFICATION Offender is a private Offender is a public officer
ANOTHER TO SIGN ANY individual or even a public who is officially entrusted
DOCUMENT officer who is not officially with the document
Misrepresentations as to the Offended party was entrusted with the
character of the documents willing and ready from documents
executed the beginning to sign the Intent to defraud Intent to defraud is not
document, in the belief it required
contained statements
made by him; but the
offender, in preparing the COMPLEX CRIME OF ESTAFA AND THEFT
document, attributed
statements different It is committed when theft is employed as a necessary
from those made by the means to commit estafa. [People vs. Yusay, 60 Phil. 598]
offended party Illustration: A owns pawnshop tickets which he entrusted
to B for safekeeping. A forgot about the incident and a
DISTINGUISHED FROM MALICIOUS MISCHIEF week later, C took the ticket from B and refused to return
it despite insistent demands made by B. Then C
ESTAFA BY DESTROYING MALICIOUS MISCHIEF redeemed jewels using the ticket without knowledge and
DOCUMENTS [ART. 315, (ART. 327) consent of A and B. C committed theft, as a necessary
PAR. 3(C)] means to commit estafa — C took the ticket with intent
Intent to defraud is Intent to defraud is not
to gain and without the consent of either A or B; C then
required required
used a fictitious name to redeem the jewels, thereby
committing estafa.
DISTINGUISHED FROM INFIDELITY IN CUSTODY OF
NOTES: Damage caused without deceit or without abuse
DOCUMENTS
of confidence gives rise only to civil liability.
ESTAFA BY REMOVING, INFIDELITY IN CUSTODY
CONCEALING, DESTROYING (ART. OR 226)
DOCUMENTS [ART. 315,

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ART 316. OTHER FORMS OF SWINDLING ESTAFA BY SELLING, ESTAFA BY FALSELY
ENCUMBERING, OR PRETENDING TO POSSESS
NOTES: There must be actual damage, not merely intent MORTGAGING ANY REAL PROPERTY [ART. 315, PAR.
to cause damage, in view of the basis of the penalty PROPERTY, PRETENDING TO 2(A)]
which is the "value of the damage caused", as provided in BE OWNER (ART. 316,
the provision. PAR.1)
Involves only real property Involves either personal or
1. BY CONVEYING, SELLING, ENCUMBERING, OR real property
MORTGAGING ANY REAL PROPERTY, PRETENDING TO The offender exercises or Such exercise or execution
executes, as part of the false need not be present
BE THE OWNER OF THE SAME
representation, some act of
ELEMENTS: dominion or ownership over
the property
a. That the thing be immovable, such as a parcel of
land or a building;
2. BY DISPOSING OF REAL PROPERTY AS FREE FROM
b. That the offender, who is not the owner of said
ENCUMBRANCE, ALTHOUGH SUCH ENCUMBRANCE BE
property, represented that he is the owner
NOT RECORDED
thereof;
c. That the offender should have executed an act of ELEMENTS:
ownership (selling, leasing, encumbering or
mortgaging the real property); and a. That the thing disposed of be real property;
d. That the act be made to the prejudice of the b. That the offender knew that the real property
owner or a third person. was encumbered, whether the encumbrance is
recorded or not;
NOTES: c. That there must be express representation by
the offender that the real property is free from
• Claim of ownership is different from pretense of
encumbrance; and
ownership: the former cannot be said to have
d. That the act of disposing of the real property be
pretended to be the owner even if his claim is
made to the damage of another.
defective, hence, not liable under this article.
• Distinguished from estafa by falsely pretending to
possess property.

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NOTES: 4. BY EXECUTING A FICTITIOUS CONTRACT TO THE
PREJUDICE OF ANOTHER
• The encumbrance must be legally constituted,
notwithstanding provision "although encumbrance DISTINGUISHED FROM FRAUDULENT INSOLVENCY
be not recorded."
• The offended party must have deceived, i.e., he ESTAFA BY EXECUTING FRAUDULENT INSOLVENCY
ANY FICTITIOUS (ART. 316)
would not the such been have granted the loan had
CONTRACT (ART. 316, PAR.
he known that the property was already 4)
encumbered. Offender simulates a The conveyance is real and
• If personal property is involved, apply Art. 319 conveyance of his made for a consideration
property
3. BY WRONGFULLY TAKING BY THE OWNER OF HIS
PERSONAL PROPERTY FROM ITS LAWFUL POSSESSOR
5. BY ACCEPTING ANY COMPENSATION FOR
ELEMENTS: SERVICES

a. That the offender is the owner of personal property;
b. That said personal property is in the lawful
possession of another;
c. That the offender wrongfully takes it from its lawful
possessor; and
d. That prejudice is thereby caused to the possessor or
third person.
This crime requires fraud; otherwise, solutioindebiti
results for which a civil obligation arises.
If the money in payment of a debt and delivered to a
wrong person and that person refused or failed to return
the money to the owner thereafter, it is estafa by denial
of receipt of money, under Art. 315, 1(b).

NOTES: 6. BY SELLING OR MORTGAGING OR ENCUMBERING

REAL PROPERTY OR PROPERTIES WITH WHICH
• The act is punishable as theft when the owner of a THE OFFENDER GUARANTEED THE FULFILMENT
property took it without the consent of the lawful OF HIS OBLIGATION AS SURETY
possessor, then charged the possessor with the value
of the property because there is intent to gain. ELEMENTS:
• "Wrongful taking" does not include violence.
a. That the offender is a surety in a bond given in a
Otherwise, if there is violence and there is intent to
criminal or civil action;
gain, the crime is robbery. If there is violence but
without intent to gain, the crime is grave coercion.

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b. That he guaranteed the fulfillment of such obligation
with his real property or properties;
c. That he sells, mortgages, or, in any other manner
encumbers said real property;
d. That such sale, mortgage or encumbrance is:
i. without express authority from the court,
or
ii. made before the cancellation of his bond,
or
iii. before being relieved from the obligation
contracted by him.
ART. 317. SWINDLING A MINOR
ELEMENTS:
1. That the offender takes advantage of the
inexperience or emotions or feelings of a minor;
2. That he induces such minor
a. to 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; and
4. That the transaction is to the detriment of such
minor.
NOTES:
• It is sufficient that the offender takes advantage of
the inexperience or emotions of the minor.
• Actual proof of deceit or misrepresentation is not
necessary.
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• Real property is not included.
ART. 318. OTHER DECEITS
PUNISHABLE ACTS
1. By defrauding or damaging another by any other
deceit not mentioned in preceding articles; and
2. By interpreting dreams, making forecasts, fortune-
telling, or by taking advantage of the credulity of the
public in any other similar manner for profit or gain.
NOTES: Damage to the offended party is required.
SCOPE — any other kind of conceivable deceit may fall
under this article.
Chapter 7: Chattel Mortgage
ART. 319. REMOVAL, SALE OR PLEDGE OF MORTGAGED
PROPERTY
PUNISHABLE ACTS
1. KNOWINGLY REMOVING MORTGAGED PERSONAL
PROPERTY
1.1. ELEMENTS:
a. That personal mortgaged under Mortgage Law;
b. That the offender property is the Chattel knows
that such property is so mortgaged;
c. 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;
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ATENEO LAW
d. That the removal is permanent; and
e. That there is no written consent of the
mortgagee or his executors, administrator or
assignees to such removal.
NOTES:
a. The offender need not be the mortgagor; it may be
"any person."
b. Purpose is to protect mortgagee who should be
able to have a ready access to, and easy reach of
the property subject of mortgage.
c. Chattel mortgage must be registered.
d. Removal must be coupled with intent to defraud.
e. Filing a civil action for collection instead for
foreclosure of chattel mortgage relieves the
accused of criminal responsibility.
2. SELLING OR PLEDGING PERSONAL PROPERTY
ALREADY PLEDGED
2.1 ELEMENTS:
a. That personal property is already pledged
under the terms of the Chattel Mortgage Law;
b. That the offender, who is the mortgagor of
such property, sells or pledges the same or
any part thereof; and
c. That there is no consent of the mortgagee
written on the back of the mortgage and notes
on the record thereof in the office of the
register of deeds.
CRIMINAL LAW REVIEWER
NOTES: Damage to mortgagee is not essential. If damage
accrues, it may give rise to estafa by means of deceit.
DISTINGUISHED FROM ESTAFA BY DISPOSING OF
ENCUMBERED PROPERTY (ART. 316)
SELLING OR PLEDGING ESTAFA BY DISPOSING OF
PERSONAL PROPERTY ENCUMBERED PROPERTY
ALREADY PLEDGED (ART. (ART. 316, PAR. 2)
319, PAR.2)
Both involve the selling of mortgaged property
Personal property is Real property is involved
involved (except if house is
subject to chattel
mortgage)
Committed by the mere It is sufficient that the real
failure to obtain the property mortgaged be
consent of the mortgagee sold as free, even though
in writing, even if the the vendor may have
offender should inform the obtained the consent of the
purchaser that the thing mortgagee in writing
sold is mortgaged
Consent of mortgagee is Consent of mortgagee is
material; knowledge as to immaterial
encumbrance is no
Purpose is to protect the Purpose is to protect the
mortgagee purchaser
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Chapter 8: Arson and Other Crimes Involving Destruction
ARSON is the malicious destruction of property by fire.
THREE CATEGORIES OF THE CRIME OF ARSON
A. Destructive Arson (Art. 320, as amended by R.A.
7659);
B. Simple Arson (Sec. 1, P.D. 1613); and
C. Other cases of arson (Sec. 3, P.D. 1613).
ART. 320. DESTRUCTIVE ARSON (AS AMENDED BY R.A
7659)
PUNISHABLE ACTS/PERSONS LIABLE:
The penalty of reclusion perpetua to death shall be
imposed upon:
1. Any person who shall burn:
a. One or more buildings or edifices, consequent
to one single act or simultaneous acts of
burning;
b. Building of public or private ownership
generally open to public or where people
usually gather or congregate for a purpose,
regardless of whether the offender had
knowledge that there are persons present or
whether building is inhabited or not;
c. Train or locomotive, ship or vessel, airship or
airplane, for transportation or conveyance,
public use, leisure or entertainment;
d. Building, factory, warehouse and any
appurtenance thereto for service of public
utilities; e. Any building to conceal/destroy
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incriminatory evidence, conceal bankruptcy,
defraud creditors, or collect from insurance;
e. Arsenal, military storehouse or powder factory
and the like, archives or general museum of
the Government;
f. Any factory/storehouse of inflammable or
explosive materials, in an uninhabited place;
2. Two (2) or more persons or a group of persons
a. Irrespective of the abovementioned
qualifying circumstances, and
b. Regardless of whether the purpose is merely
to burn or destroy or as an overt act to
commit another violation of law.
THREE (3) STAGES
1. Attempted: offender commences the
commission of the crime directly by overt acts
but he does not perform all acts of execution
(i.e., was not able to light fire) due to timely
intervention of another. It is not necessary that
there be a fire (e.g., placing rags soaked in
gasoline beside the wooden wall of building).
2. Frustrated: offender was able to light or set fire
to the item or building, but the fire was put out
before any part of it was burned.
3. Consummated: offender was able to light fire
and to burn at least a part of building (e.g.,
charring of the wood whereby the fiber of the
wood is destroyed).
EXCEPT when the contents of a building was set on fire,
no part of the building need be burned.
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PLEASE SEE SPL SECTION ON P.D. 1613, ANTI-ARSON LAW
P.D. 1613 expressly repealed or amended Arts. 320-
326(B); P.D. 1744 then revived Art. 320; R.A. 7659
amended the provisions of Art. 320; the provisions of P.D.
1613 inconsistent with R.A. 7659 is repealed.
Chapter 9: Malicious Mischief
MALICIOUS MISCHIEF is the willful damaging of
another's property for the sake of causing damage due to
hate, revenge, or other evil motive
ART. 327. WHO ARE LIABLE FOR MALICIOUS MISCHIEF
ELEMENTS OF MALICIOUS MISCHIEF
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; and
3. That the act of damaging another's property be
committed merely for the sake of damaging it
NOTES:
• Presupposes hate, revenge, or other evil motive of
the offender or the mere pleasure of destroying.
• Damage includes not only loss but also diminution
(e.g. defacing another's house).
• If there's no malice, as when damage resulted from
a crime or only incidental to the commission of
another crime, there's only civil liability.
CRIMINAL LAW REVIEWER
• Intent to gain by removing or making use of
the fruits or objects after damaging the
property makes it theft.
ART. 328. SPECIAL CASES OF MALICIOUS MISCHIEF
QUALIFIED MALICIOUS MISCHIEF:
1. Causing damage to obstruct performance of public
functions;
2. Using poisonous or corrosive substance;
3. Spreading infection or contagion among cattle; and
4. Damage to property of National Museum or National
Library, or to any archive or registry, waterworks, road,
promenade, or any other thing used in common by the
public.
1st CASE OF QUALIFIED MALICIOUS MISCHIEF
DISTINGUISHED FROM SEDITION
Although both involve the intent to obstruct the
performance of public functions, the element of public
and tumultuous uprising is not present in this article.
ART. 329. OTHER MISCHIEFS
BASIS OF PENALTY
Mischiefs not included in Art. 328 are punished according
to the value of the damage caused. Even if the amount
cannot be estimated, the penalty of arrestomenor or fine
not exceeding P200 is fixed by law.
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Example: Scattering human excrement in public building, ART. 331. DESTROYING OR DAMAGING STATUES,
killing of cow as an act of revenge (value of damage PUBLIC MONUMENTS, OR PAINTINGS
cannot be estimated); a servant who released bird from
cage as act of hate against owner (value of the bird as PUNISHABLE ACTS
basis). A. Destroy or Damage statues or any other useful or
ART. 330. DAMAGE AND OBSTRUCTION TO MEANS OF ornamental public monument; and
COMMUNICATION B. Destroy or damage any useful or ornamental
painting of a public nature.
NOTES:

1. It is committed by damaging any railway, telegraph,

or telephone lines. a. The telegraph or telephone
lines must pertain to a railway system.
2. Any derailment of cars, collision, or other accident
which was a result of the damage done shall cause
for a higher imposable penalty.
3. The object is to merely cause damage; as opposed
to Crimes involving Destruction (Art. 324), where the
object is to cause destruction
4. When person or persons are killed:
a. If there is no intent to kill, it is the complexed
crime of damage to means of communication
with homicide (in relation to Art. 48); and
b. If there is intent to kill, and damaging the
railways was used to accomplish the criminal
purpose, it is murder. (See Reyes, p. 893.)
Chapter 10: Exemptions from Criminal Liability in Crimes
against Property
ART. 332. PERSONS EXEMPT FROM CRIMINAL LIABILITY
NOTES:
A. CRIMES INVOLVED IN THE EXEMPTION (TEM)
1. Theft;
2. Swindling (estafa); and
3. Malicious mischief.
B. PERSONS EXEMPTED
1. Spouses, ascendants and descendants, or
relatives by affinity in the same line.
2. The widowed spouse with respect to the
property which 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 at the time of
the commission of the crime
4. Stepfather/mother, adopted father/mother,
natural children, common-

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law spouse, concubine, paramour included.
NOTES:
• Does not apply to strangers participating in the
commission of the crime.
• Does not apply to robbery or estafa through
falsification.
• There is only civil liability.
• Applicable on the relationship between the offended
party and the offender only. o Reason: presumed co-
ownership of the property between the parties.
XI. Crimes Against Chastity
Chapter 1: Adultery and Concubinage
ART. 333. WHO ARE GUILTY OF ADULTERY
ELEMENTS:
1. That the woman is married (even if marriage is
subsequently declared void);
2. That she has sexual intercourse with a man not her
husband; and
3. That as regards the man with whom she has sexual
intercourse, he must know her to be married.
NOTES:
• Carnal knowledge may be proved by circumstantial
evidence.
CRIMINAL LAW REVIEWER
• Each sexual intercourse constitutes a separate
count of adultery.
• It is not a continuing offense. Any act of infidelity
subsequent to condonation constitutes a new
offense that is subject to criminal prosecution.
• The offended party must be legally married to the
offender at the time of filing the complaint.
- But even if subsequently declared void,
there's still adultery as the adulterous act
was committed before the marriage is
judicially declared null and void in a final
judgment.
• Acquittal of one defendant does not operate as
acquittal of the other.
• Death of the offended party will not terminate the
proceedings. However, if they die before a
complaint is filed, then the case cannot go on.
MITIGATING CIRCUMSTANCES IN ADULTERY
• Adultery is mitigated if the adulterous wife was
abandoned without justification by his spouse. Both the
wife and her paramour are entitled to this mitigating
circumstance. [People v. Avelino, CA., 40 O.G., Supp. 11,
194]
• Sheer necessity, as when a woman was left helpless by
her husband (although justified for it was in response to a
duty) and in such a great need that she found herself in
the predicament of committing adultery for the sake of
her children, mitigates her liability. [People v. Alberto, et
al., C.A., 47 O.G. 2438]
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PARDON BY THE OFFENDED PARTY
• Express/ implied pardon bars prosecution for
adultery.
Sexual intercourse with the offending spouse subsequent
to the adulterous conduct constitutes an implied pardon.
REQUIREMENTS FOR PARDON TO BE EFFECTIVE (ART.
344):
1. The pardon must come before the institution of
the criminal prosecution; and
2. Both offenders must be pardoned by offended
party.
CONSENT IS A CAUSE FOR DISMISSAL OF COMPLAINT
- Prior consent is as effective as subsequent consent
to bar the offended party from prosecuting the
offense.
- When consent is given, whether expressed or
implied, husband can no longer institute the criminal
complaint.
WHEN IS THERE CONSENT?
1. When the husband does not interfere with his
wife's adulterous relationship or has failed to
assert his rights.
2. When the spouses sign an agreement that they
may get any mate and live as husband and wife
without any interference.
ART. 334. CONCUBINAGE
ELEMENTS:
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1. The man must be married (even if the marriage
may be subsequently declared void);
2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling,
b. Having sexual intercourse under scandalous
circumstances with a woman who is not his
wife,
c. Cohabiting with her in any other place; and
3. That as regards the woman, she must know him to
be married.
DEFINITION OF TERMS
1. CONJUGAL DWELLING means the home of the
husband and wife even if the wife happens to be
temporarily absent on any account.
2. SCANDAL consists in any reprehensible word or
deed that offends public conscience, redounds to
the detriment of the feelings of honest persons,
and gives occasion to the neighbors' spiritual
damage and ruin.
3. COHABIT means to dwell together, in the manner
of husband and wife, for some period of time, as
distinguished from occasional, transient
interviews for unlawful intercourse.
4. MISTRESS — It is necessary that the woman is
taken by the accused into the conjugal dwelling
as a concubine.
NOTES:
• People in witnesses the vicinity are the best to
prove scandalous circumstances.
• Adultery is more severely punished than
concubinage. Unlike adultery, concubinage is a
continuing crime.
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ART. 335. WHEN AND HOW RAPE IS COMMITTED
NOTES: Art. 335 has been repealed by R.A. No. 8353
(Anti-Rape Law of 1997).
execution, the felony is necessarily produced as a
consequence.
Acts of Lasciviousness compared to Unjust Vexation

Chapter 2: Rape and Acts of Lasciviousness ACTS OF LASCIVIOUSNESS 3T VEXATION

There is lewd design which The element of lewd
ARTICLE 336. ACTS OF LASCIVIOUSNESS may be inferred from design is not present e.g.
circumstances surrounding the alleged lascivious act
ELEMENTS: the commission of the crime was a mere incident of
such as the place, time, other the embrace or the act
1. That the offender commits any act of lasciviousness or people's presence and the was just committed
lewdness; acts complained of. merely to satisfy a silly
2. That the act of lasciviousness is committed against a whim.
person of either sex; and
ACTS OF LASCIVIOUSNESS ATTEMTED RAPE
3. That it is done under any of the following Offender's lascivious acts do Acts performed by
circumstances: not indicate intent to have offender clearly indicate
a. by using force or intimidation, or sexual intercourse. that his purpose was to
b. when the offended party is deprived of reason or lie with the offended
otherwise unconscious, or party.
c. by means of fraudulent machination or grave The lascivious acts are the The lascivious acts are
final objective sought by the but preparatory acts to
abuse of authority, or
offender. the commission of rape.
d. when the offended party is under 12 years of age Manner of commission is the same
or is demented. The performance of lascivious character is common to
both
LEWD - is defined as obscene, lustful indecent or
Offended party is a person of either sex
lecherous. It signifies the form of immorality which has
relation to moral impurity; or that which is carried on a
wanton manner. Acts of Lasciviousness compared to Grave Coercion

NO ATTEMPTED OR FRUSTRATED ACTS OF ACTS OF LASCIVIOUSNESS COERCION

LASCIVIOUSNESS The compulsion is included in
The compulsion is the
the constructive element ofvery act constituting the
From the standpoint of law, there can be no frustration force. offense of grave
of acts of lasciviousness. No matter how far the offender coercion.
may have gone towards the realization of his purpose, if Acts of Lasciviousness compared to Abuses Against
his participation amounts to performing all acts of Chastity

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ACTS OF LASCIVIOUSNESS ABUSES AGAINST 1. Seduction of a virgin over 12 and under 18 years of
CHASTITY (ART. 246) age by certain persons, such as a person in
The offender is, in a majority The offender is a public authority, priest, teacher, etc.; and
of cases, a private individual. officer 2. Seduction of a sister by her brother, or seduction of
It is necessary that some A mere immoral or
a descendant by her ascendant, regardless of her
actual act of lasciviousness indecent proposal made
should have been executed. earnestly & persistently is age or reputation (Incestuous Seduction).
sufficient.
ELEMENTS OF QUALIFIED SEDUCTION OF A VIRGIN:

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

CASES ON ACTS OF LASCIVIOUSNESS
presumed if she is unmarried and of good
1. In the absence of convincing proof that the penis had reputation;
slid into the female organ, rape was not committed. 2. That she must be over 12 and under 18 years of
Where the victim merely stated that she was carried age;
around the sala with appellant's penis "touching" her 3. That the offender has sexual intercourse with her;
vagina, it would not be right to conclude that the act and
of the penis "touching" the vagina was an entry or 4. That there is abuse of authority, confidence or
penetration, even slightly, of the labia majora or the relationship on the part of the offender (person
labia menora of the pudendum. The appellant is entrusted with education or custody of victim;
guilty of acts of lasciviousness and not rape. [People person in public authority, priest; servant).
v. Palma, G.R. No. 148869-74, December 11, 2003.]
PERSONS LIABLE:
2. The appellant's act of directing Analyn to remove her
lower apparel constitutes an act of lasciviousness ABUSED ABUSED ABUSED RELATIONSHIP
under Article 336 of the Revised Penal Code, and not AUTHORITY CONFIDENC
rape. [People v. Aquino, G.R. No. 139181, October 27, E
2003] 1. Public 1. Priest 1. Brother who
authority 2. House seduced his
Chapter 3: Seduction, Corruption of Minors and White 2. Guardian servant sister.
3. Teacher 3. Domest 2. Ascendant
Slave Trade
4. Person ic who seduced
who in (Person his
SEDUCTION - Enticing a woman to unlawful sexual
any living in descendant.
intercourse by promise of marriage or by other means of capacity the • Their
persuasion without the use of force. relationship

ART. 337. QUALIFIED SEDUCTION

TWO CLASSES OF QUALIFIED SEDUCTION:

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entrusted with same roof, may Must by 3. That the offender has sexual intercourse with
the education be must be consanguinity but her; and
or custody of temporary or need not be 4. That it is committed by means of deceit.
the human permanent, as legitimate.
seduced. long as in the NOTES:
same house.)
• Virginity of the victim is not required.
• Deceit generally takes the form of an unfulfilled
NOTES: promise to marry.
• Penalty for qualified seduction of a sister or • There is no continuing offense of seduction.
descendant is higher than qualified seduction of a • If there is no sexual intercourse, the crime
virgin. committed is only acts of lasciviousness.
• Deceit is not an element of qualified seduction but it • The man may be willing and ready to marry the girl
is an element of simple seduction. but simple seduction is still committed when the
• In Abuse of Confidence, acts are punished because man knows that the offended party cannot legally
of the character of the person committing the same, consent to marriage because of her minority.
and excess of power or abuse of confidence.
THE FOLLOWING DO NOT CONSTITUTE DECEIT:
• A virgin is a virtuous woman of good reputation. -
The offended party need not be virgin in the case of • Promise of material things;
incestuous seduction. • Promise of marriage by a married man, whom the
• Accused charged with rape cannot be convicted of victim knew to be married; and
qualified seduction under the same information. - If • Promise of marriage after sexual intercourse.
any of the circumstances in the crime of rape is
present, then crime is not to be punished under this ART. 339. ACTS OF LASCIVIOUSNESS WITH THE CONSENT
article. OF THE OFFENDED PARTY
• If no sexual intercourse, the crime would only be ELEMENTS:
acts of lasciviousness.
1. That the offender commits acts of lasciviousness or
ART. 338. SIMPLE SEDUCTION lewdness;
ELEMENTS: 2. That the acts are committed upon a woman who is
a virgin or single or a widow of good reputation,
1. That the offended party is over 12 & under 18 under 18 years of age but over 12 years, or a sister
y/o, or descendant regardless of her reputation or age;
2. That she must be of good reputation, single or and
widow;

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3. That the offender accomplishes the acts by • Victim must be of good reputation, not a prostitute
abuse of authority, confidence, relationship, or or a corrupted person.
deceit.
PLEASE SEE SPL REVIEWER ON RA 7610, PARTICULARLY
NOTES: ON CHILD TRAFFICKING, CHILD PROSTITUTION AND
PERSONS LIABLE FOR COMMITTING CHILD PROSTITUTION
• A male cannot be the offended party.
• It is necessary that the crime be committed under
circumstances which would make it qualified or ART. 341. WHITE SLAVE TRADE
simple seduction had there been sexual intercourse.
• Consent is obtained by abuse of authority, ACTS PENALIZED:
confidence, or relationship, or by means of deceit. 1. Engaging in the business of prostitution;
ACTS OF LASCIVIOUSNESS ACTS OF LASCIVIOUSNESS 2. Profiting by prostitution; and
WITH CONSENT OF (ART. 336)
3. Enlisting the service of women for the purpose of
OFFENDED PARTY (ART.
339) prostitution.
Acts are committed under Acts are committed under
NOTES:
circumstances which, had circumstances which, had
there been carnal there been carnal • One of those above-mentioned acts is sufficient to
knowledge, would amount knowledge, would amount
constitute the offense.
to either qualified or to rape.
simple seduction. • Habituality is not a necessary element of this crime.
• Offender need not be owner of house and need not
*There may be consent, be present at time of raid; it suffices that he
but there is abuse of maintains or engages in business
authority, relationship, • "Under any pretext" — if the real purpose is
confidence, or deceit.
prostitution, it does not matter if one engages the
services of a woman ostensibly as maid, for
ART. 340. CORRUPTION OF MINORS example.

NOTES: Chapter 4: Abduction

• The act punishable is the promotion or facilitating the ABDUCTION - The taking away of a woman from her
prostitution or corruption of persons under age house or the place where she may be for the purpose of
(under 18) to satisfy the lust of another. carrying her to another
• A mere proposal will consummate the offense. It is
not necessary that the unchaste acts shall have been
done to the minor.

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place, with the intent to marry or to corrupt her.
ART. 342. FORCIBLE ABDUCTION
ELEMENTS:
1. That the person abducted is any woman, regardless
of her age, civil status, or reputation;
2. That the abduction is against her will; and
3. That the abduction is with lewd designs.
NOTES:
• If child is under 12 years, the crime is forcible
abduction even if she voluntarily goes with her
abductor.
• Taking away must be against the will of the woman.
This may be accomplished by means of deceit first
and then by means of violence and intimidation.
• Actual intercourse is not necessary. Lewd designs
may be shown by conduct of the accused. Intent to
seduce the girl is sufficient. Lewd design is present in
a hurried marriage ceremony by force where the
marriage is merely an artifice by which the accused
sought to escape the criminal consequences of his
acts.
• The husband may not be held liable for the abduction
of his wife as lewd design is wanting.
• If there are several defendants, it is enough that one
of them had lewd designs and the others knew about
it.
• Nature of crime: against liberty, honor and
reputation, and public order.
• There must be only one complex crime of forcible
abduction with rape. Subsequent rapes committed
should be considered independent of the abduction.
CRIMINAL LAW REVIEWER
• Conviction for Acts of Lasciviousness is not a bar to
conviction for forcible abduction.
FORCIBLE ABDUCTION V. GRAVE COERCION V.
KIDNAPPING
1. Presence of lewd design makes it forcible abduction.
2. When there is no lewd design, it is coercion, provided
that there is no deprivation of liberty.
3. The crime is kidnapping and serious illegal detention
if there was deprivation of liberty with no lewd
design.
4. If there was violent taking of the woman motivated
by lewd design and the victim was raped, the crime
committed is forcible abduction with rape instead of
kidnapping with rape. Attempt to rape is absorbed in
the crime of forcible abduction.
DISTINGUISH FORCIBLE ABDUCTION FROM
CORRUPTION OF MINORS
1. If the minor was abducted by the accused with lewd
design on his part, he is liable for forcible abduction.
2. If the purpose of abduction is to lend her to illicit
intercourse with others, the crime is corruption of
minors.
DISTINGUISHED FORCIBLE ABDUCTION FROM RAPE
1. If there was abduction but the resistance of the
woman to the alleged rape was not tenacious,
the accused would be guilty only of abduction.
2. Rape may absorb forcible abduction if the main
objective was to rape the victim.
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CASE ON FORCIBLE ABDUCTION
1. 1 The Court has previously ruled that if the victim's
consent was obtained through deceit and there was
therefore no valid consent, the crime is forcible
abduction, as the deceit may be considered as
constructive force. The second element, lewd design,
was established by the actual rapes. [People v.
Caraang, G.R. No. 148424-27, December 11, 2003]
AGE AND REPUTATION OF THE VICTIM IS NOT
NECESSARY IN:
1. Rape;
2. Acts of lasciviousness against the will or without the
consent of the offended party;
3. Qualified seduction of sister or descendant; and
4. Forcible Abduction
ART. 343. CONSENTED ABDUCTION
ELEMENTS:
1. That the offended party must be a virgin (not
necessarily in a material sense since the term
includes virtuous women of good reputation);
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; and
4. That the taking away of the offended party must be
with lewd designs.
NOTES:
• If the virgin is under 12 years of age, the crime
committed is forcible abduction, even if the girl
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consented to the elopement. The law expressly
provides that the same penalty is imposed if the
female abducted be twelve years of age.
• The abduction of the victim need not be with some
character of permanence.
• Victim need not be taken from her house. It is
sufficient that the abductor was instrumental to her
escape.
• Requires solicitation or cajolery.
• There can be consented abduction with rape
Chapter 5: Provisions relative to the preceding chapter
of Title Eleven
ART. 344. PROSECUTION OF ADULTERY, CONCUBINAGE,
SEDUCTION, ABDUCTION, AND ACTS OF
LASCIVIOUSNESS
1. Adultery and concubinage must be prosecuted upon
complaint signed by the offended spouse.
2. Seduction, abduction, or acts of lasciviousness must
be prosecuted upon complaint signed by:
a. offended party,
b. by her parents,
c. grandparents, or
d. legal guardians
* in the order in which they are named above.
EFFECT OF MARRIAGE
• GENERAL RULE: Marriage in good faith of the
offender with the offended party extinguishes the
criminal action or remits the penalty already imposed
upon him. This applies as well to accomplices and
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ATENEO LAW
accessories-after-the-fact. This applies to seduction,
abduction and acts of lasciviousness.
EXCEPTION: In case of rape, the rule is marriage
extinguishes the criminal action only against the
principal but not to the accomplices and accessories.
This rule also does not apply to parties guilty of
concubinage and adultery.
NOTES:
• Rape is now a crime against persons, and thus, may
be prosecuted de oficio or upon complaint of any
person.
• In adultery and concubinage, both offenders must be
included in the complaint, even if only one is guilty.
• When the offended party is of age and is in complete
possession of her mental and physical faculties, she
alone can file the complaint (applies to crimes against
chastity). Complaint must be filed in court and not in
the fiscal.
PARDON IN CRIMES AGAINST CHASTITY
• Express or implied pardon by the offended party is a
bar to prosecution for adultery or concubinage.
However, pardon must extend to both offenders and
must come before the institution of the criminal
action.
• Express pardon by the offended party or other
persons named in the law, as the case may be, is a
bar to prosecution for seduction, abduction, rape or
acts of lasciviousness. Pardon in seduction must also
come before the institution of criminal action.
CRIMINAL LAW REVIEWER
PARDON BY PARENTS, GRANDPARENTS OR GUARDIAN
MUST BE ACCOMPANIED BY THE EXPRESS PARDON OF
THE GIRL HERSELF
- Pardon must be granted directly by the offended
party and it is only when she is dead or otherwise
incapacitated to grant it, that her parents,
grandparents or guardian may do so for her. [U.S.
v. Luna, 9 Phil. 360 ]
ART. 345. CIVIL LIABILITY OF PERSONS GUILTY OF
CRIMES AGAINST CHASTITY.
PERSON GUILTY OF RAPE, SEDUCTION OR ABDUCTION,
SHALL ALSO BE SENTENCED:
1. 1 To indemnify the offended woman.;
2. To acknowledge the offspring, unless the law should
prevent him from so doing; and
3. In every case to support the offspring.
NOTES:
• The adulterer and concubine in the case provided for in
Articles 333 and 334 may also be sentenced, in the same
proceeding or in a separate civil proceeding, to indemnify
for damages caused to the offended spouse.
• According to Reyes, there is no civil liability for Acts of
Lasciviousness because it is not mentioned in Article 345.
(See Reyes, p. 955.)
• Moral damages may be awarded to the offended party,
and her parents, for seduction, abduction, rape, other
lascivious acts (Art. 2219 Civil Code).
• In multiple rapes by multiple offenders, all of them
must support offspring. No one
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may be made to acknowledge the offspring.
• The offender in a rape case who is married is no
longer prohibited from acknowledging his
offspring because since the child is illegitimate,
the Family Code automatically confers parental
authority to the mother. He can only be sentenced
to indemnify the victim and support his offspring.
Amount and terms of support should be
determined only after due notice & hearing.
• Only indemnity is allowed in rape of a married
woman. The defendant cannot be sentenced to
acknowledge and support the offspring.
ART. 346. LIABILITY OF ASCENDANTS, GUARDIANS,
TEACHERS, OR OTHER PERSONS ENTRUSTED WITH
CUSTODY OF OFFENDED PARTY
PERSONS WHO COOPERATE AS ACCOMPLICES BUT ARE
PUNISHED AS PRINCIPALS IN RAPE, SEDUCTION,
ABDUCTION, ETC:
1. Ascendants;
2. Guardians;
3. Curators;
4. Teachers; and
5. Any other person, who cooperates as accomplice
with abuse of authority or confidential relationship.
OTHER INSTANCE WHEN ACCOMPLICE IS PUNISHED AS
PRINCIPAL:
• Slight illegal detention
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XII. Crimes Against the Civil Status of Persons
Chapter 1: Simulation of Births and Usurpation of Civil
Status
ART. 347. SIMULATION OF BIRTHS, SUBSTITUTION OF
ONE CHILD FOR ANOTHER; AND CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE CHILD
PUNISHABLE ACTS
1. Simulation of births;
ELEMENTS
a. The child is baptized or registered in the
Registry of birth as the offender's;
b. Thus, the child loses its real status and acquires
a new one; and
c. The offender's purpose was to cause the loss of
any trace as to the child's true filiation.
2. Substitution of one child for another; or
3. Concealing or abandoning any legitimate child with
the intent to cause such child to lose its civil status.
ELEMENTS:
a. The child must be legitimate, fully developed and a
living being;
b. The offender conceals or abandons such child; and
d. The offender has the intent to cause the child to lose
its civil status.
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ATENEO LAW
NOTES:
• SIMULATION — crime must alter the person's civil
status.
• Simulation takes place when the woman pretends to
be pregnant when in fact she was not; woman who
simulates birth and the woman who furnishes the
child are both responsible as principals
• The fact that child will be benefited by simulation of
birth is not a defense since it creates a false status to
the detriment of members of family to which the
child is introduced.
• A father who sells his child is not liable under this
article since there is no abandonment. [US v. Padilla
and Paduga, G.R. No. L-9279, Mar. 25, 1915]
ABANDONING A CHILD ABANDONING A MINOR
UNDER ART. 347 UNDER ART. 276
The offender is any person. The offender must be one
who has custody of the
child.
The purpose is to cause the The purpose is to avoid the
child to lose its civil status. obligation of rearing and
caring the child:
ART. 348. USURPATION OF CIVIL STATUS
HOW COMMITTED:
- This felony is committed by a person who assumes
the filiation, or the parental or conjugal rights of
another.
NOTES:
• Criminal intent to enjoy the civil rights of another by
the offender knowing he is not entitled thereto is
necessary to constitute this crime.
CRIMINAL LAW REVIEWER
• QUALIFYING CIRCUMSTANCE: Purpose of the
impersonation is to defraud the offended party or his
heirs.
• This includes usurpation of profession.
• It is absolutely necessary that there is intent to enjoy
the rights arising from the civil status of the person
impersonated.
Chapter 2: Illegal Marriages
ART. 349. BIGAMY
ELEMENTS:
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;
and
4. That the second or subsequent marriage has all the
essential requisites for validity.
NOTES:
• The crime of bigamy does not fall within the category
of private crimes. Hence, it can be prosecuted even
without the initiative of the offended party.
• The fact that the 1st marriage is void from the
beginning is not a defense in a bigamy charge. There
is a need for judicial declaration of the nullity of the
1st marriage. Similarly, there must also be a summary
proceeding to declare the
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absent spouse presumptively dead for purposes of
remarriage.
• The validity of the second marriage is a prejudicial
question to the liability for bigamy.
• One convicted for bigamy may be prosecuted for
concubinage as both are distinct offenses. However,
the second spouse is not necessarily liable for
bigamy. One who falsely vouches for the capacity of
the either of the contracting parties knowing that
one of the parties is already married is an accomplice.
• Failure to exercise due diligence to ascertain the
whereabouts of the 1st wife and the husband's
remarriage is bigamy through reckless imprudence.
• A pardon by the offended party does not extinguish
criminal action considering that a crime is committed
against the State and the crime of Bigamy is a public
offense which can be denounced not only by the
person affected thereby but even by a civic-spirited
citizen who may come to know the same.
EFFECT OF DIVORCE
• Divorce granted by a foreign court has no effect.
Residence in a foreign country is not sufficient to
confer jurisdiction on the court of that state. This
applies to those domiciled in the Philippines although
they contracted marriage elsewhere.
• Divorce obtained abroad by alien spouse shall
likewise restore the Filipino spouse's capacity to
remarry under Philippine Law.
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BURDEN OF PROOF IN BIGAMY
• Once the prosecution has established that the
defendant was already married at the time he
contracted the 2nd marriage, the burden of proof to
show the dissolution of the first marriage is upon the
defense.
JURISPRUDENCE
1. The mere private act of signing a marriage contract
bears no semblance to a valid marriage and thus,
needs no judicial declaration of nullity. Such act
alone, without more, cannot be deemed to constitute
an ostensibly valid marriage for which petitioner
might be held liable for bigamy unless he first secures
a judicial declaration of nullity before he contracts a
subsequent marriage [Morigo v. People, G.R. No.
145226, February 06, 2004]
2. For the accused to be held guilty of bigamy, the
prosecution is burdened to prove the felony: (a)
he/she has been legally married; and (b) he/she
contracts a subsequent marriage without the former
marriage having been lawfully dissolved. The felony is
consummated on the celebration of the second
marriage or subsequent marriage. It is essential in the
prosecution for bigamy that the alleged second
marriage, having all the essential requirements,
would be valid were it not for the subsistence of the
first marriage. [Manuel v. People, G.R. No. 165842.
November 29, 2005]
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ATENEO LAW
ART. 350. MARRIAGE CONTRACTED AGAINST
PROVISIONS OF LAWS
ELEMENTS:
1. That the offender contracted marriage; and
2. That he knew at the time that:
a. Requirements of law were not complied with, or
b. The marriage was in disregard of a legal
impediment.
QUALIFYING CIRCUMSTANCE: If either of the contracting
parties obtains the consent of the other by means of
violence, intimidation or fraud.
REQUIREMENTS OF THE LAW FOR VALID MARRIAGE:
(ARTS. 2 AND 3 OF THE FAMILY CODE)
1. 1 Legal capacity of the contracting parties who must
be male and female;
2. Consent freely given in the presence of the
solemnizing officer;
3. Authority of the solemnizing officer;
4. A valid marriage license, except in marriages of
exceptional character; and
5. A marriage ceremony which takes place with the
appearance of the contracting parties before the
solemnizing officer and their personal declaration
that they take each other as husband and wife in the
presence of not less than 2 witnesses of legal age.
NOTES:
• Conviction for violation of Art. 350 involves moral
turpitude. The respondent is disqualified from being
CRIMINAL LAW REVIEWER
admitted into the Bar. [In Re Villasanta v. Peralta,
G.R. AC-UNAV, April 30, 1957]
• The offender must not be guilty of bigamy.
ART. 351. PREMATURE MARRIAGES
PERSONS LIABLE:
1. A widow who marries within 301 days from the date
of the death of her husband, or before having
delivered if she is pregnant at the time of his death.
2. A woman whose marriage having been dissolved or
annulled, marries before her delivery or within 301
days after the date of the legal separation.
NOTES:
• Period may be disregarded if the first husband was
impotent or sterile or if the woman was pregnant
before the death of the first husband and gave birth
within the said period.
• The period of 301 days is important only in cases
where the woman is not pregnant, or does not know
that she is pregnant at the time she becomes a
widow. If she is pregnant at such time, the
prohibition is good only up to delivery.
PURPOSE OF THE LAW
Since the purpose of punishing the foregoing acts is to
prevent cases of doubtful paternity, the woman will not
be liable thereunder if: (a) she has already delivered; and
(b) she has conclusive proof that she was not pregnant by
her first spouse since he was permanently sterile. [People
v. Masinsin, CA, 49 O.G. 3908]
Page 246 OF 351

ART. 352. PERFORMANCE OF ILLEGAL MARRIAGE
CEREMONY
PUNISHABLE ACT
- Performance or authorization by a priest or minister
of any religious denomination or sect or by civil
authorities of any illegal marriage ceremony.
EXCEPTION
- A clergyman who performed a marriage ceremony
without knowledge of the minority of one of the
parties is not liable.
NOTES: Offender must be authorized to solemnize
marriages.
XIII. Crimes Against Honor
Chapter 1: Libel
SECTION 1. — DEFINITION, FORMS, AND PUNISHMENT
OF THIS CRIME
ART. 353. DEFINITION OF LIBEl/DEFAMATION
ELEMENTS:
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 circumstance (defamatory
imputation);
2. That the imputation must be made publicly;
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3. That it must be malicious;
4. That the imputation must be directed at a natural or
juridical person, or one who is dead; and
5. That the imputation must tend to cause the dishonor,
discredit or contempt of the person defamed.
DEFINITION OF TERMS
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. It must be committed through any of the acts
enumerated in Art. 355.
2. DEFAMATION may be libel or slander. Defamation is
the proper term for libel as used in Art. 353.
3. PUBLICATION is the communication of the defamatory
matter to some third person/s.
KINDS OF MALICE
1. MALICE IN LAW is presumed from a defamatory
imputation. Proof of malice is not required; may be taken
for granted in view of the grossness of the imputation.
2. MALICE IN FACT is malice or ill will which must be
proved.
WHEN DO MALICE IN FACT APPLY?
Malice in fact must be proved whenever the defamatory
imputation appears in a privileged communication.
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WHEN DOES PRESUMPTION OF MALICE OF LAW
DISAPPEAR?
Upon proof of good intention and justifiable motive.
NOTES:
• There is no distinction between calumny, insult and
libel. All kinds of attack against honor and
reputation is punished.
• Malice is presumed to exist in injurious publications.
• Defamatory remarks directed at a group of persons
are not actionable unless the statements are all
embracing or sufficiently specific for each victim to
be identfiable.
• The meaning of the writer is immaterial.
• ▪ In libel, the false accusation need not be made
under oath. It is perjury which requires that the false
accusation is made under oath.
• Seditious libel is punished under Article 142
• Imputation of criminal intention is not libelous.
• There are as many counts of libel as there are
persons defamed.
GENERALLY, THE 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 offended party.
CRIMINAL LAW REVIEWER
PRESUMPTION OF PUBLICATION
To presume publication, there must be a reasonable
probability that the alleged libelous matter was thereby
exposed to be read or seen by 3rd persons.
CRITERIA TO DETERMINE WHETHER STATEMENTS ARE
DEFAMATORY:
1. In determining whether a statement is defamatory,
the words used are construed in their entirety and
taken in their plain, natural and ordinary meaning as
they would naturally be understood by persons
reading them, unless it appears that they were used
and understood in another sense;[Novicio v.
Aggabao, G.R. No. 141332, December 11, 2003]
2. Words are calculated to induce the hearers to
suppose and understand that the person against
whom they are uttered were guilty of certain
offenses, or are sufficient to impeach their honesty,
virtue or reputation, or to hold the person up to
public ridicule[U.S. v. O'Connell, 37 Phil. 767] ; and
3. Words are construed not only as to the expression
used but also with respect to the whole scope and
apparent object of the writer. [Peope v. Encamacion,
C.A., 48 O.G. 1817]
ART. 354. REQUIREMENT FOR PUBLICITY
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
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imputations, are not 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.
- However, the presumption of malice is rebutted, if
it is shown by the accused that:
a. The defamatory imputation is true, in case the
law allows proof of the truth of the
imputation;
b. It is published with good intention; and
c. There is justifiable motive for making it.
EXCEPTION TO THE RULE (when malice is NOT
presumed):
1. Private communication in performance of legal,
moral or social duty
REQUISITES:
a. 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; Legal duty presupposes a provision of law
conferring upon the accused the duty to
communicate;
b. That the communication is addressed to an officer
or a board, or superior, having some interest or
duty on the matter, and
c. That the statements in the communication are
made in good faith without malice in fact.
CRIMINAL LAW REVIEWER
CENTRAL BAR
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- The defense of privileged communication will be
rejected if it shown by the prosecution or the
plaintiff:
a. That the defendant acted with malice in fact, or
b. That there is no reasonable ground for believing
the charge to be true.
2. Fair and true report of official proceedings, made in
good faith, without any comments and remarks
REQUISITES:
a. 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 in the
exercise of his functions;
b. That it is made in good faith; and
c. That it is made without any comments or remarks
DOCTRINE OF FAIR COMMENT
- Fair commentaries on matters of public interest are
privileged and constitute a valid defense in an action
for libel or slander.
MALICE IN FACT - is the rivalry or ill-feeling existing at the
date of publication. It is the intention to injure the
reputation of the offended party, motivated by hate and
revenge.
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MALICE IN FACT MAY BE PROVED OR SHOWN BY:
1. Extrinsic evidence that the defendant bore a
grudge against the offended party; or
2. That there was rivalry or ill-feeling between them
which existed at the date of the publication of the
defamatory imputation; or
3. That the defendant had an intention to injure the
reputation of the offended party as shown by the
words used and the circumstances attending the
publication of the defamatory imputation.
NOTES:
• Prosecution must prove malice in fact to convict the
accused in case of qualified privileged
communication.
• Absolute Privileged Communicationare not
actionable even if done in bad faith. This covers
statements made by members of Congress in
discharge of functions, and judicial proceedings
when pertinent and relevant to subject of inquiry.
• Unnecessary publicity destroys good faith. Defense
of privileged communication in paragraph 1 will be
rejected if it is shown that accused acted with malice
and there is no reasonable ground for believing the
charge to be true.
• The mental, moral and physical fitness of a
candidate for public office may be subject to
criticism. It does not follow a public man into his
private life and domestic concerns.
• Privileged Communication may be found in public
document.
• That the statement is a privileged communication is
a matter of defense.
CRIMINAL LAW REVIEWER
STATEMENTS MADE IN SELF-DEFENSE ARE OFTEN
PRIVILEGED
Statements made in self-defense or in mutual
controversy are often privileged. The person libeled is
justified to hit back with another libel. However,
retaliation and vindictiveness cannot be the basis of self-
defense in defamation. Self-defense must be on matters
related to imputations made on the person invoking the
defense.
COMMENTS ON THE CONDUCT OF PUBLIC OFFICERS DO
NOT CONSTITUTE LIBEL
Defamatory remarks and comments on the conduct or
acts of public officers which are related to the discharge
of their official duties will not constitute libel if defendant
proves the truth of imputation. However, any attack
upon private character on matters not related to the
discharge of official duties may be libelous.
JURISPRUDENCE
A public figure has been defined as a person who, by his
accomplishments, fame, or mode of living, or by adopting
a profession or calling which gives the public a legitimate
interest in his doings, his affairs, and his character, has
become a 'public personage.' He is, in other words, a
celebrity. Obviously to be included in this category are
those who have achieved some degree of reputation by
appearing before the public, as in the case of an actor, a
professional baseball player, a pugilist, or any other
entertainer. The list is, however, broader than this. It
includes public officers, famous inventors and explorers,
war heroes and even ordinary soldiers, an infant prodigy,
and no less a personage than the Grand Exalted Ruler of a
lodge. It includes, in short,
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anyone who has arrived at a position where public ART. 356. THREATENING TO PUBLISH LIBEL AND OFFER
attention is focused upon him as a person. [Guingguing v. TO PREVENT SUCH PUBLICATION FOR A
CA, G.R. No. 128959, September 30, 2005] COMPENSATION

PUNISHABLE ACTS:
ART. 355. LIBEL BY MEANS OF WRITINGS OR SIMILAR
MEANS 1. By threatening another to publish a libel concerning
him, or his parents, spouse, child, or other members
THE MEANS BY WHICH LIBEL MAY BE COMMITTED ARE
of his family; or
BY:
2. By offering to prevent the publication of such libel
1. writing; for compensation, or money consideration.
2. printing,;
BLACKMAIL - Any unlawful extortion of money by threats
3. lithography;
of accusation or exposure. It is possible in the crimes of
4. engraving;
light threats (Art. 283) and in threatening to publish libel
5. radio;
(Art. 356).
6. phonograph;
7. painting; ART. 357. PROHIBITED PUBLICATION OF ACTS REFERRED
8. theatrical exhibitions; TO IN THE COURSE OF OFFICIAL PROCEEDINGS
9. cinematographic exhibitions; or
10. any similar means. ELEMENTS:

NOTES 1. That the offender is a reporter, editor or manager of

• The law provides, "or any similar means" which
easily qualifies television is such species or category.
Defamation made in a television program is libel.
Also includes pictures.
• Defamation through an amplifier is not libel, but oral
defamation (slander).
• The penalty prescribed is in addition to civil liability.
• Libel may be absorbed in crime of threats if intent to
threaten is the principal aim and object.
a newspaper, daily or magazine;
2. That he publishes facts connected with the private
life of another; and
3. That such facts are offensive to the honor, virtue and
reputation of said person.
NOTES:
• The prohibition to publish applies even if such
publication be 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.

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• Art. 357 constitutes the "Gag Law" which bars from
publication news reports on cases pertaining to
adultery, divorce, issues about the legitimacy of
children, etc.
• Source of news report may not be revealed unless
court or Congress finds such revelation is demanded
by the security of the State.
ART. 358. SLANDER/ ORAL DEFAMATION
KINDS OF ORAL DEFAMATION:
1. GRAVE SLANDER - defamation is of a serious and
insulting nature; and
2. SIMPLE SLANDER - light insult or defamation.
FACTORS THAT DETERMINE GRAVITY OF THE OFFENSE:
1. expressions used;
2. personal relations of the accused & the offended
party;
3. circumstances surrounding the case; and
4. social standing and position of the victim.
NOTES:
• Words uttered in the heat of anger constitute light
oral defamation.
• If the utterances were made publicly and were heard
by many people and the accused at the same time
pointed his finger at the complainant, oral
defamation is committed.
• Uttering defamatory words in the heat of anger, with
some provocation on the part of the offended party
constitutes only a light felony. [Villanueva v. People,
G.R. No. 160351, April 10, 2006]
ART. 359. SLANDER BY DEED
CRIMINAL LAW REVIEWER
ELEMENTS:
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; and
3. That such act casts dishonor, discredit or contempt
upon the offended party.
NOTES:
• Slander may either be simple or grave, depending upon
the nature of the deed.
• Pointing a dirty finger constitutes simple slander by
deed, it appearing from the factual milieu of the case that
the act complained of was employed "to express anger or
displeasure" at complainant. While it may have cast
dishonor, discredit or contempt upon complainant, said
act is not of a serious nature. [Villanueva v. People, G.R.
No. 160351, April 10, 2006]
SERIOUSNESS OF SLANDER BY DEED DEPENDS ON:
1. The social standing of offended party;
2. The circumstances surrounding the act; and
3. The occasion.
DISTINCTIONS:
1. UNJUST VEXATION - irritation or annoyance;
anything that annoys or irritates without
justification.
2. SLANDER BY DEED - irritation or annoyance
together with attendant publicity and dishonor or
contempt.
3. ACTS OF LASCIVIOUSNESS - irritation or
annoyance plus any of the 3
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circumstance provided in Art. 335 on rape (i.e. use of
force or intimidation; deprivation of reason or rendering
the offended unconscious; or if offended party
was under 12 years old, together with lewd designs)
SECTION 2. — GENERAL PROVISIONS
ART. 360. PERSONS RESPONSIBLE FOR LIBEL
1. The person who publishes, exhibits or causes the
publication or exhibition of any defamation in writing
or similar means;
2. The author or editor of a book or pamphlet;
3. The editor or business manager of a daily newspaper
magazine or serial publication; and
4. The 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.
VENUE OF CRIMINAL AND CIVIL ACTION FOR DAMAGES
IN CASES OF WRITTEN DEFAMATION (PROVIDES FOR
EXCLUSIVE JURISDICTION):
1. Where the libelous article is printed and first
published, or
2. Where any of the offended parties actually resides at
the time of the commission of the offense, or
3. Where one of the offended parties is a public officer:
a. if his office is in the City of Manila, with the RTC
of Manila otherwise, with the RTC of the
city/province where he held office at the time of
offense;
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b. or the city/province where the article was 1st
published; and
4. Where one of the offended parties is a private
individual, with the RTC of province/city where he
actually resides at the time of the crime or where the
article was printed or 1st published.
NOTES:
• Complaint for defamation imputing a private crime
(i.e. adultery, concubinage, seduction, abduction,
and acts of lasciviousness) must be filed by the
offended party.
• If the libel imputes a vice or defect and not a crime,
it is always prosecuted upon information signed and
filed by the fiscal.
• The person who publishes a libelous letter written
by the offended party is liable (publishing and not
composing is the prime requisite of the crime).
• Liability of the editor is same as the author.
• Limitations of venue: In order to minimize
interference with public function when the case
involves a public officer and also to avoid
unnecessary harassment of the accused by limiting
out-of-town libel suits.
• Action for exemplary damages may be awarded if
action is based on quasi-delict.
• Civil and criminal actions must be filed in same
court.
• No remedy for damages for slander or libel in case
of absolutely privileged communication.
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ATENEO LAW
ART. 361. PROOF OF THE TRUTH
PROOF OF TRUTH IS ADMISSIBLE WHEN:
1. The act or omission imputed constitutes a crime
regardless of whether the offended party is a private
individual or a public officer, or
2. 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 FROM A LIBEL CHARGE:
1. It appears that the matter charged as libelous is
TRUE (for situations (1) and (2) above); and
2. 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 but upon positive, direct evidence upon
which a definite finding may be made by the court.
• An imputation that a person has contagious disease
might under ordinary circumstances be defamatory
but loses such character when made with good
intention and justifiable motive.
• There is no libel when there is no malice.
• Retraction may mitigate the damages; if the article
is libelous per se, publication due to honest mistake
is only mitigating.
CRIMINAL LAW REVIEWER
ART. 362. LIBELOUS REMARKS
NOTES:
• 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. Even if matter is
privileged and malice in fact is proved, author and
editor is liable.
• Author/editor of publication who distorts, mutilates
or discolors official proceedings reported by him, or
add comments thereon to cast aspersion on
character of parties concerned is guilty of libel.
Chapter 2: Incriminatory Machinations
ART. 363. INCRIMINATING INNOCENT PERSON
ELEMENTS:
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;
and
3. That such act does not constitute perjury.
TWO KINDS OF INCRIMINATING AN INNOCENT PERSON:
1. Making a statement which constitutes:
a. defamation, or
b. perjury (if made under oath and is false);
and
2. Planting evidence.
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NOTES: • Where the source or author of derogatory
information cannot be determined and defendant
• Art. 363 is limited to planting evidence and the like, passes it to others, defendant's act is one of
which tend directly to cause false prosecution. intriguing against honor, if it came from a definite
• Incriminatory machinations distinguished from
source, slander is committed.
defamation — does not avail himself of written or
spoken words. Intriguing Against Honor and Incriminating an Innocent
• There is a complex crime of incriminating an Person, Distinguished
innocent person through unlawful arrest.
INTRIGUING AGAINST INCRIMINATING AN
Incriminating an Innocent Person v. Perjury by Making HONOR INNOCENT PERSON
False Accusation The offender resorts to an The offender performs an
intrigue for the purpose act by which he directly
INCRIMINATING AN PERJURY BY MAKING FALSE of blemishing the honor incriminates or imputes to
INNOCENT PERSON ACCUSATION or reputation of another an innocent person the
Performs act to directly Imputation falsely made person. commission of a crime.
incriminate or impute before an officer
commission of crime
Act of planting evidence False statement or affidavit Intriguing Against Honor and Slander, Distinguished
made under oath
Arresto Mayor Arresto Mayor max to
PrisionCorreccional min
INTRIGUING AGAINST SLANDER
HONOR
The source or author of The source of information
ART. 364. INTRIGUING AGAINST HONOR
the derogatory can be pinpointed and
HOW COMMITTED: information cannot be definitely determined and
determined and the defendant, adopting as his
This felony is committed by any person who shall make defendant borrows the own the information he has
any intrigue which has for its principal purpose to same &, without obtained, passes the same
subscribing to the truth to another for the purpose
blemish the honor or reputation of another person. It is
thereof, passes it to of causing dishonor to
committed by saying to others an unattributable thing, others. complainant's reputation.
that if it said to the person himself, slander is
committed.

NOTES: PLEASE SEE SPL REVIEWER ON A.M. 08-2008 (RULE OF

PREFERENCE IN IMPOSITION OF PENALTIES IN LIBEL
• Must be committed by means of some tricky and CASES)
secret plot, and not gossiping which falls under
defamation.

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XIV. Quasi Offenses ELEMENTS OF SIMPLE IMPRUDENCE:

CRIMINAL NEGLIGENCE 1. That there is lack of precaution on the part of the

offender; and
ART. 365. IMPRUDENCE AND NEGLIGENCE 2. That the damage impending to be caused is not
immediate or the danger is not clearly manifest.
QUASI-OFFENSES ARE COMMITTED IN 4 WAYS:
Negligence and Imprudence, Distinguished
1. By committing through reckless imprudence any act
which, had it been intentional, would constitute a NEGLIGENCE IMPRUDENCE
grave or less grave felony or light felony; Deficiency of Perception Deficiency of Action
2. By committing through simple imprudence or Failure in Advertence Failure in Precaution
negligence an act which would otherwise constitute Avoided by paying proper Avoided by taking the
attention and using due necessary precaution once
a grave or a less serious felony;
diligence in foreseeing foreseen
3. By causing damage to the property of another them
through reckless imprudence or simple imprudence
or negligence; or
4. By causing through simple imprudence or negligence NOTES:
some wrong which, if done maliciously, would have
• Imprudence or Negligence is not a crime in itself,
constitute a light felony.
but simply a way of committing a crime.
ELEMENTS OF RECKLESS IMPRUDENCE: • Art. 64 on mitigating and aggravating
circumstances is not applicable in quasi-offenses.
1. That the offender does or fails to do an act; • In the technical term "Reckless Imprudence
2. That the doing of or the failure to do that act is resulting in Homicide," what is punished is not the
voluntary; act itself but the mental attitude or condition
3. That it be without malice; behind the act.
4. That material damage results; and • Negligence is a quasi-offense. What is punished is
5. That there is inexcusable lack of precaution on not the effect of the negligence but the
the part of the offender, taking into recklessness of the accused.
consideration • Contributory negligence of offended party is not a
a. his employment or occupation, defense but only mitigates criminal liability.
b. degree of intelligence, physical condition, • Violation of a rule or regulation or law is proof of
and negligence.
c. other circumstances regarding persons,
time and place.

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• No criminal liability for death or injuries caused
by recklessly negligent acts to trespassers where
the defendant was not aware of their presence.
QUALIFYING CIRCUMSTANCE IN QUASI-OFFENSES
The offender's failure to lend on-the-spot assistance to
the victim of his negligence or abandoning one's victim is
usually punishable under Art. 275.
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OPERATIONS 2014
LAST CLEAR CHANCE RULE
The contributory negligence of the injured party will not
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.
DOCTRINE OF PRE-EMPTION IN VEHICLE COLLISIONS

However, if it is charged under Art. 365, it is only a Although the driver of a motor vehicle crossing a thru-
qualifying circumstance. If not alleged at all, it cannot street is supposed to wait along the intersection for the
even be considered as an aggravating circumstance. driver of another vehicle running along said thru-street, if
the driver crossing the street had already reached the
TEST OF NEGLIGENCE middle thereof, the other driver travelling along the thru-
Q: Did the defendant, in doing the alleged negligent act, street, although with a right of pre-emption, has the duty
use the reasonable care and caution which an ordinary to stop his motor vehicle in order to avoid a collision.
prudent person would have used in the same situation? If
EMERGENCY RULE
not, then he is guilty of negligence.
A person confronted with an emergency may be left with
Compare Reckless Imprudence and Force Majeure no time for thought and must make speedy decision
RECKLESS IMPRUDENCE FORCE MAJEURE based on impulse or instinct, and cannot be held liable
The immediate personal Events which could not be for same conduct as one who had the opportunity to
harm or damage to foreseen, or which, though reflect This is applicable only when the situation that
property is perceivable and foreseen, were inevitable. arises is sudden, unexpected, and is such as to deprive
can be prevented by the It implies an extraordinary him of all opportunity for deliberation.
exercise of reasonable circumstance which is
care. The want of independent of the will of E.g. An automobile driver, who, by the negligence of
reasonable care to prevent the actor. another, is suddenly placed in an emergency and is
harm or damage compelled to act instantly to avoid a collision or injury, is
constitutes reckless
not guilty of negligence if he makes a choice which a
imprudence.
person of ordinary prudence placed in such a position
might make even though he did not make the wisest
choice.

NOTES: Must be based on negligence of another with no

proof of his own negligence.

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