Crim Bar Booster PDF

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BAR BOOSTERS
Based on 2 0 1 9 BAR Syllabus
C R I M I N A L LAW
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REVISED PENAL CODE - BOOK I Those inrractions or law where the penally of
Light arresto menor or a fine not exceeding
Felonies 1'40,000 or both is provided. ART. 9, ART. 25,

GENERAL PRINCIPLES
RPC, AS AMENDED BY R.A. NO. 10951
A. Mala in se vs. Mala Prohibita
(2) Aberratio Ictus, Error in Personae, and Praeter lntentionem

Mala in se Mala Prohibita
Cnminal liability shall be incurred By any person committing a
Acts which are wrong in Acts which would not be wrong but
felony (delito) although the wrongful act done be different from
themselves for the lacl that positive law forbids
that which he intended ART. 4/1), RPC
them.
• Proximate Cause is the cause, which, in the natural and
Criminal intent is an element. Intent to commit the crime i

s not continuous sequence, unbroken by any efficient intervening
necessary. cause, produces the injury, and without which the result would not
have occurred Vda. de Bataclan v. Medina, G.R. No. L·10126, Oct. 22,
Dunlao v. CA. G.R. No. 111343 /1996/
1957
B. Applicability and Effectivity of the RPC
(1) Generality: Penal laws and those of public security and safely Mistake in the blow.
Aberratia Ictus
shall be obligatory upon all who live or sojourn in the Philippine The penally is prescribed in Art. 48.
territory. ART. 14, cc

Mistake in the identity of the victim.
Exceptions: Error in Personae
The penalty is prescribed in Art. 49.
• Treaty stipulations and international agreements; (Ibid.)
• Laws of preferential application; ART. 2, RPG; and The injurious result is greater than
• Principles of Public International Law. /Ibid.) that intended.

Praeter lntentionem
(2) Territoriality: The penal laws have the force and effect only The liability is mitigated under Art.
wrthin its territory. ART. 2, RPC 13 .
Exceptions:
(3) Impossible Crimes (ART. 4, PAR. 2, RPC)

• Those who commit an offense in a Philippine ship or airship;
Elements:
ART. 2, RPC
The act perlormed would be an offense against persons or
• Those who forge or counterfeit any coin or currency note of
property;
the Philippine Islands or obligations and securities issued by
The act was done with evil intent;
the Government of lhe Philippine Island; ART. 2, RPC
• Its accomplishment was inherently impossible, or the means
. Those who should be liable for acts connected with the
employed was either inadequate or ineffectual. People v. Jacinto,
introduction into these islands of the obligations and securities
GR. No. 162540 /2009}; and
mentioned in the preceding number; ART. 2, RPC
The act perlormed should not constitute a violation or another
• Those who, while being public officers or employees, should
provision of the RPG. ART. 4, PAR. 2, RPC
commit _an offense in the exercise of their functions; ART. 2,
Penalty:
RPC
. • Arreslo mayor
Those who should commit any of the crimes against national
security and the law of nations. ART. 2, RPC;

, Fine from P200 to P500 ART. 59, RPC
. Treaties; and (4) Stages of Execution
. Laws of preferential application .

No cnrnnal liability will set in, unless the
(3) Prospectivity: Acts or omissions will only be subject lo penal
Proposal or
law specially provides a penally for
law ir they are committed after a peal had already taken into
proposal or conspiracy. ART. B, RPC
Canspiracv
effect. ART. 21, RPC; SEE ALSO ART. 4, CIVIL CODE
Exception: New law is favorable to the accused. ART. 22, RPC There is an attempt when the offender
Exceptions to the Exception: commences the commission of a felony
• The new law is expressly inapplicable to pending actions or directly by overt acts, and does not
Attempted produce by reason of some cause or

existing causes of actions. Tavera v. Valdez, G.R. No. 922 (1902) i
t
• The offender is a habitual criminal. ART. 22, RPC accident other than his own spontaneous
desistance. ART. 6(3), RPC

C. Pro Reo Principle: Cnminal laws are to be stnctly construed against
the qovernment and liberally in favor of the accused. People v. A felony is frustrated when the offender
Deleverio, G.R. No. 118937 {1998} performs all the acts of execution which
>
)
would produce the felony as a
Frustrated consequence but which, nevertheless, do

FELONIES
not produce i
t by reason of causes
A. Criminal Liabilities and Felonies
independent of the will of the perpetrator.
(1) Grave vs. Less Grave vs. Light Felonies
ART. 6121, RPC
Those which the law attaches capital
Grave A felony is consummated when all the
punishment or penalties which in any of their
Felonies elements necessary for its execution and
periods are afflictive. ART. 9, ART. 25, RPC Consummated
accomplishment are present. ART. 6(2/,
Those which the law punishes with penalties RPC
Less Grave
which in their maximum period are
Felonies
correctional. ART. 9 ART. 25 RPC
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BAR BOOSTERS (Based on 2 0 1 9 BAR Syllabus)
(5) Continuing Crimes In a complex crime, two or more crimes are actually committed,
however, in the eyes of the law and in the conscience of the offender
• Also called as continued or continuous crimes or defito continuado.
(e)
they constitute only one crime. thus, only one penalty is imposed.
• Consist of several crimes but in reality there is only one crime in the
People v. Nelmida, supra
mind of the perpetrator. Navaja v. De Castro, G.R. No. 180969 /1017]
When various victims expire from separate shots, such acts constitute
• Although there is a series of acts, there is only one crime
separate and distinct crimes, not a complex crime. People v. Adriano,
committed; hence, only one penalty shalt be imposed. People v. De
G.R. No. 105228 /2015]
Leon, supra
B. Composite Crimes
Examples of Continuing Crimes:
• Also known as a special complex crime:
• Unfair competition; Sony Computer Entertainment, Inc. v. Supergreen,
Composed of two or more crimes but is treated by law as a single
Inc., G.R. No. 161823 /2007]
indivisible offense arising from one criminal impulse; and
Violation of B.P. Big. 22; lbasco v. CA, G.R. No. 117488 (1996]
A specific crime with a specific penally provided by law. People ,.
Rebellion, subversion, conspiracy or proposal lo commit such
Esugon, G.R. No. 195244, /2015]
crimes, and crimes or offenses committed in furtherance thereof or
Examples:
in connection therewith; Umilv. Ramos, G.R. No. 81567 [1990}
Robbery with homicide; ART. 294, RPC
The acl of denying support to a child under R.A. 9262; Del Socorro
v. Van Wilsem, G.R. No. 193707 /1014] • Robbery ..;th rape; (Ibid.)
The theft of 13 cows belonging to two different owners committed • Robbery with serious physical injuries; (Ibid J
(g)
by the accused at the same time and at the same period of time • Robbery with intentional mutilation; (lb,d.)
People v. Tum/as, 67 Phil. 320 /1939] • Attempted or frustrated robbery with homicide; ART. 297, RPC
• The theft of six roosters belonging to two different owners from the • Rape with homicide; ART. 266-B, RPC
same coop and at the same period of time; Santiago v. Garchitorena,
• Attempted rape with homicide; (Ibid.)
G.R. No 109266 /1993]
Kidnapping and serious illegal detention; ART. 267, RPC
• The theft of 2 roosters in the same place and on the same Not,
Kidnapping with serious physical injuries. (Ibid.)
occasion. People v. De Leon, 49 Phil. 437 /1926]
Circumstances Affecting Criminal Liability
• The illegal charging of lees for services rendered by a lawyer every
time he collects veteran's benefits on behalf of a client, who agreed Justifvino Circumstances (ART. 11, RPCJ
that the attorney's fees shall be paid out of said benefits. People v. The person who committed an act under justifying circumstances is
Sabbun, 10 SCRA 156 /1964] not deemed to have transgressed the law and is free from both
•
The collection of the legal fees were impelled by the same motive, criminal and civil liability. Tamboong v. People. G.R. No 158057 {2004}
that of collecting fees for services rendered, and all acts of When accused admits to killing the victim, but invokes a justifying
collection were made under the same criminal impulse. People v.
circumstance, the constitutional presumption of innocence is
Lawas, 97 Phil. 975 /1955]
effectwely waived and the burden of proving the existence of such
Forcible abduction with rape; People v. Bulaong, G.R. No. L·37836
circumstance shifts to the accused. Aguilar v. DOJ, G.R. No. 197522.
/1981]
/2013]
(6) Complex Crimes and Composite Crimes
(a) Self· Defense:
A. Complex Crimes: An offense necessary for committing the other.

• Unlawful Aggression;
(a)
ART. 48, RPC.
• Reasonable necessity of the means employed to prevent or
(a) Delila compueslo (Compound Crime): A single acl that
repel it; and
constitutes two or more grave or less grave felonies; Singularity
Lack of sufficient provocation on the part of the person defending
of criminal act (Ibid.)
himself. ART. 11/1), RPC
Requisiles:
• Note: The quantum of proof needed is clear and convincing
1. That only a SINGLE ACT is pertormed by the offender
evidence. People v. Agacer. G.R. No. 177751 (2011}
2. That the sing!e acts produces (a) 2 or more grave felonies,
(b) Defense of Relatives:
or (b) one or more grave and one or more less grave
• Unlawful aggression;
felonies, or (c) two or more less grave felonies
Reasonable necessity of the means employed to prevent or (b)
(b) Delila comp/ejo (Complex Crime Proper): An offense as a
repel it; and
necessary means for committing the other; Singularity of
In case the provocation was given by the person attacked, the
criminal impulse. (Ibid.)
one making the defense had no part therein. People v. Eduarte.
Requisites:
G.R. No. 72976 /1990]
1. That al least two offenses are committed
Who are relatives:
2. That one or some of the offenses must be necessary to
• Spouse;
commit the other
• Ascendants and descendants;
3. That both or all the offenses must be punished under the
• Legitimate, natural or adopted brothers and sisters or relatives (c).
same statute.
by affinity in the same degrees; and
Examples:
• Relatives by consanguinity within the fourth (4th) civil degree.
Delito Compuesto: When a single bullet results in the death of two or
ART. 11(2], RPC
more persons. People v. Nelmida, G.R. No. 184500 /2012]
(d).
(c) Defense of Strangers:
The single act of throwing a grenade at President Roxas resulting in
the death of another person and injuring four others produced the • Unlawful aggression;
complex crime of murder and multiple attempted murders. People v. • Reasonable necessity of the means employed to prevent or
(e)'
Guillen, G.R. No. L • 14 77 /1950] repel it; and
The single act of burning the house with the main objective of killing, • The person defending was not induced by revenge, resentment
resulted in the complex crime of double murder. People v. Gaffud, Jr., or other evil motive. People v. Moral. G.R. No. L·31139 f1984j
(� L
G.R. No. 168050 /2008]
(d) Avoidance of Greater Evil or Injury
Notes: • The evil sought to be avoided actually exists;
• The penalty for complex crimes is that imposed for the most serious ____ • The il]_ury feared be greater than that done to avoid i
t and _
___ crime, to be applied in its maximum period. ART. 48, RPC ---------
�
1,
1
l
;
--------------------------------------------------.
• There are no other practical and less harmful means of. Mitigating Circumtances (ART. 13, RPC)
preventing it. ART. 11(4), RPC • Incomplete justifying or exempting circumstances; ART. 13(1), IN
(e) Fulfillment of Duty or Lawful Exercise of Right or Office RELATION TO ARTS 11, 12 ANO 69, RPC
• The accused acted in the pertormance of a duty or lawful • Over 15 and under 18, if there is discernment, or over 70 years old;
ART. 13(2), ART. 80, RPC

exercise of a right; and
• No intention to commit so grave a wrong; ART. 13(3), RPC
• That the injury caused or the offense committed be the
necessary consequence of the due pertormance of duty or the • Sufficient threat or provocation; ART. 13(4), RPC
lawful exercise of such right or office. People v. Oanis, G.R. No. L· • Vindication of a grave offense; ART. 13(5), RPC
47722 (1943) • Passion and obfuscation; ART. 13(6), RPC
m Obedience to an Order Issued for Some Lawful Purpose • Voluntary surrender and confession of guilt; ART. 13(7), RPC
• Issuance ol an order by a superior; • Restrictive physical defect of offender; ART. 13(8), RPC
• Order must be for some lawful purpose; • Illness of offender diminishing the exercise of his will power ART. 13(9),
• Means used by the subcrdinate to carry out said order is lawful. RPC; and
ART. 11(6), RPC • Similar or analogous circumstances. ART.13(10), RPC
• Note: An incomplete justifying circumstance of obedience to a Notes:
superior order may be mitigating. Ambil v. Sandiganbayan, G.R • Mitigating circumstance presupposes the existence of both the crime
No. 175457 {2011} and the criminal People v. Manuel Talavera, G.R. No. 139967. (2001/
(g) Battered Woman Syndrome • The ccncepl of mitigating circumstances is founded on leniency in
• A scientifically defined pattern of psychological and behavioral favor of an accused who has shown less perversity in the commission
symptoms, of an offense. People v. Emilio D. Santos. G.R. No. 99259-60 (1996]
• Found in women living in battering relationships, • A Privileged Mitigating Circumstance cannot be offset by an
• As a result of cumulative abuse. SEC. 3(c), R.A. 9262 aggravating circumstance. The effect is lhal ii imposes upon the
Notes: offensder the penalty lower by 1 or 2 degrees than that provided by
• Victims do not incur any criminal and civil liability in the absence of law for the crime.
any of the elements for justifying circumstances of self-defense; • Examples ol privilege mitigating circumstances: (a) Minority (Alf. 13,
Expert psychiatrisV psychologists shall assist the court in RPC); (b) Voluntary release of person illegally detained within 3 days
determining stale of mind. SEC. 26, R.A. 9262 without the offender attaining his purpose and before the institution ot
• Existence of the syndrome in a relationship does not in itself criminal action (Art. 268, par. 3, RPC); and (c) Abandonment without
establish the legal right; justification of the spouse who commilled adultery (Al1. 333, par. 3,
• Evidence must still be considered in the context of self-defense.

RPC
People vs Genosa G.R. No. 135981 {20041

Annravatina Circumstances (ART. 14, RPCJ
Exemptina Circumstances (ART. 11, RPC)
Kinds:
The accused committed a crime, but he cannot be held criminally
• Generic: Generally applies to all crimes. People v. Lab-eo, G.R. No.
liable therefor because of an exemption granted by law. Sierra v.
133438 [2002}
People, G.R. No. 182941 (2009)
• Specific: Applies only lo a particular crime. (Ibid.)
(a) Imbecility or Insanity
• Qualifying: Changes the nature ot the crime. (Ibid.)
Imbecile: While advanced in age has a menial development
• Inherent: Those that must, out of necessity, accompany the
comparable to that of children between two (2) and seven (7)

commission of the crime. �bid.)
years of age. People v. Sevilla G.R. No. 112429-30 /1997)
• Special: Arises under special conditions to increase the penalty of
Insane: One who is deprived completely of reason or

the offense and cannot be offset by mitigating circumstances.
discernment and freedom of the will al the lime ot committing the
Palaganas v. People. G.R. No. 165483 (2006/
crime. People v. Ambal, G.R. No. L-52688 {1980]
Notes:
• Note: When the accused has acted during a lucid interval,
• Qualifying and aggravating circumstances, which are taken into
insanity will not be appreciated.

consideration for increasing the degree of penalty to be imposed,
(b) Minority
• Must be proved wih equal certainly as the commission of the act
A child fifteen (15) years of age or under al the lime of the
charged and cannot be considered as being integrated with the plea
commission of the offense. SEC. 6, R.A. 9344 and
of guilty. Poso v. Judge Mijares, A.M. RTJ-02-1693 [2002}
A child abcve fifteen (15) years but below eighteen (18) years of
• The circumstances will also aggravate the criminal liability when
age, who has not acted with discernment.
there is proof of conspiracy, regardless of lack of knowledge of the
Note: A child is deemed to be 15 years of age on the day of the
facts constituting the circumstance. ART. 62(4), RPC
15th anniversary of his birthdate (R.A. NO. 10630, AMENDING SEC.
6 OF R.A. NO. 9344)

• Under R.A. No. 10591: If the use of a loose firearm is inherent in the
commission of a crime punishable under the RPG or other special

(c) Accident
laws - the use of loose firearm ls an aggravating circumstance.

• Any person who, while pertorming a lawful act with due care,
Hence, the penalty for the use of a loose firearm is not imposed.
causes an injury by mere accident without fault or intention of
However, if the crime is committed by the person without using the
causing it. ART.12(4), RPC
loose firearm, the violation of this law shall be considered as a
(d) Irresistible Force
distinct and separate offense (SEcnoN 29).
Any person who act under the compulsion of irresistible force.
ART.12(5), RPC • Under R.A. No. 9165: Notwithstanding the provisions of any law lo
(e) Impulse of an uncontrollable fear the contrary, a positive finding for the use of dangerous drugs shall
be a qual ifying a ggravating circumstance in the commission of a

• Any person who acts under the impulse of an uncontrollable fear
of an equal or greater injury. ART. 12(6), RPC crime by an offender, and the a pplication of the pena lly provided for
m Lawful or Insuperable Cause in the RPG shall be applicable (SECnON 25).
• Any person who fails to pertorm an act required by law, when Alternative Circumstances
------ prevented� some lawful insu�rable cause. ART.12(7), RPC _ • Those i

wh ch must be taken into consideration ,
... :- As �icevating_ or mit ig?ting, _
3
• According to the nature and effects of the crime and the other Persons criminally liable for tight felonies
conditions attending its commission. • Principals; and
• These include: Accomplices. (Ibid.)
(a) Relationship; (2) Conspiracy and Proposal
(b) Intoxication; and

• A conspiracy exists when two or more persons come to an
(c) De ree of education and instruction. ART. 15, RPC
agreement concerning the commission of a felony and decide to
Absoluto Causes commit ii. ART. 8, RPC
• The offender is not criminally liable by reason of public policy. • A proposal exists when the person who has decided to commit a
Examples: felony proposes its execution to some other person or persons. (Ibid.)
• Discovering secrets through seizure of correspondence of ward by Punishable Acts under the RPG
their guardian ART. 219, RPC Conspiracy and proposal to commit treason; ART. 115, RPC
• When only slight or less serious physical injuries are inflicted by the Conspiracy and proposal to commit coup d'etat, rebellion or
person who surprised his/her spouse or daughter in the act of insurrection; ART. 136, RPC
sexual intercourse with another person. ART. 247, RPC Conspiracy to commit sedition; ART. 141, RPC
Conspiracy or combination in restraint of trade. ART. 186, RPG

• Crime of theft. swindling or malicious mischief committed against a
relative. ART. 332, RP Notes:
There must be a law specially providing a penalty for conspiracy and

• Marriage of the offender with the victim when the crime committed
is rape, abduction, seduction or acts of lasciviousness. ART. 344, proposal. ART. 8, RPC
RPC • Conspiracy renders all conspirators as co-principals regardless of
• Trespass to dwelling when the purpose is to prevent serious harm the extent and character of their participation because in
to himself, the occupants of the dwelling or a third person, or for the contemplation of law, the act of one conspirator is the act of all.
purposes of rendering some services to humanity or justice, or People v. Sanchez, G.R. No. 1 3 1 1 1 6 {1999/
when entering cafes, taverns, inns and other public houses, while »
the same are open. ART. 280 PAR. 2, RPC

PENALTIES
Adultery and concubinage if the offended party shall have
A. Penalties that may be Imposed and Retroactive Effects of Penal
consented or pandoned the offenders. ART. 344, RPC
Laws
Persons Liable and Degree of Par1icipation
• No felony shall be punishable by any penalty not prescribed by
(1) Principals, Accomplices and Accessories
law prior to its commission. ART. 21, RPC.
. By Direct Participatiof1: Those who Crimes are punished under the laws in force at the time of their
lake a direct part in the execution of commission unless the new law is favorable to the accused. ART.
22, RPG
the act;
. By Inducement: Those who directly Exceptions to the Exception:
force or induce others to commit it; • The new law is expressly inapplicable to pending actions or
Principals
and existing causes of actions. Tavera v. Valdez, G.R. No. 922 /1902/
• By tndispef1sable Cooperation: Those • The offender is a habitual criminal. ART. 22, RPC
who cooperate in the commission of

B. Classification
the offense by another act without
According lo kind:
which it would not have been
(1) Imprisonment; and
accomplished. ART. 17, RPC
(2) Fine
• Nol considered as principal; According to nature:
• He cooperates in the execution of the (1) Principal penalties;

Accomplices
offense by previous or simultaneous (2) Accessory penalties; and
acts. ART. 18, RPC (3) Subsidiary penalties
According to gravity:
• Does not participate in the criminal
design, nor cooperate in the (1) Capital;
commission of the felony; (2) Afflictive;
• Has knowledge of the commission of (3) Correctional; and
the crime; (4) Light

Accessories
• Takes part in three ways by:
C. Duration and Effects
(a) Profiling or assisting the offender
Scale Duration Effects/ Accessory
to profit by the effects of the
Penalties
crime;
Capital
(b) Concealing or destroying lhe
When ii is nol
body of the crime to prevent its
executed due lo
discovery;
commutation or
(c) Harboring, concealing or
pardon:
assisting in the escape of the
. Perpetual absolute
principal of the crime. SEC. 19,
Death N/A disqualification;
RPC
. Civil interdtclion for
Persons criminally liable for grave and less grave felonies: 30 years following
Principals; the date of lhe
sentence.
• Accomplices; and
_ • _ Accessories. ART. 16, RPC -----------------------------
4
---------------------------------------------- -------------------------
Afflictive Fine not
. Perpelual absolute exceeding
NIA NIA
Reclusion 20 years and 1 day disqualification; 1"1,200,000 but
perpetua to 40 years . Civil interdiction for is not less than
lile. P40,000
. Perpetual absolute Light
disqualification;
• Suspension of the
Reclusion 12 years and 1 day
. Civil interdiction
right to hold office
temporal to 20 years
during the period of
Arresto menor 1 day to 30 days and the exercise of
the sentence.
suffrage during the
Perpetual
term of the
absolute Perpetual NIA

sentence.
disqualification
Public censure
6 years and 1 day Indivisible
NIA
to 12 years, except
when Fine less than

Temporary NIA NIA
disqualificalion is
P40,000
absolute or
an accessory NIA
special D. Appllcat,on
penalty, in which
disqualification
case its duration is (1) RPC Provisions
that of the principal • No felony shall be punishable by any penalty not prescribed by law
penally prior to its commission. ART. 21, RPG
6 years and 1 day . Temporary absolute • The remedy of a court whenever there is an act which it may deem
lo 12 years, except disqualification proper to repress and which is not punishable by law is to render
when during the period of
decision and report to the President, lhrough the DOJ, the reasons
disqualification is
the sentence; and
which induce the court to believe that said acl should be made the
Prision mayor an accessory
. Perpetual special
subject of legislation. ART. 5, RPG
penally, in which
disqualification from
case its duration is • Excessive fines shall not be imposed, nor cruel, degrading or
the exercise of
that of the principal inhuman punishment inflicted. SEC. 19 (1), ART. Ill, CONST.
suffrage.
penaltv
• The remedy of the court in case of a clearly excessive penalty is to
Fine exceeding report the same to the President, through the DOJ, withoul
N/A NIA
P1.2M
suspending the execution of the sentence. (fbid.J
Correctional (2) Indeterminate Sentence Law (Act No. 4103)
• Suspension from • Provides for a sentence with a minimum term and a maximum term
6 months and 1 public office, the which the court is mandated to impose for the benefit of a guilly
day to 6 years, right t

o follow a
person who is not disqualified therefor;
except when profession or calling;

• lndetem,inafe penalty under the RPG. maximum is that which,
suspension is an and
considering lhe aggravating and mitigating circumstances, is
Prision accessory • Perpetual special
properly imposable under the RPC; minimum is that which is within
correccional penalty, in which disqualification

the range of the penalty next lower to that prescribe for the offense.
case its duration • from the exercise of

without considering the circumslances.
is that of the suffrage,

, lndetem,inate penalty under special laws: maximum should not
principal penalty • If the duration shall

exceed maximum provided therein , whi e the minimum sho
l ul d not
exceed eighteen
be ess than the minimum pro ided therein, and
l v
(18) months.
• Applies mandalorily to violati ons f

o bolh lhe RPC and special laws
Suspension of the
w h r
e e imp ri sonmen t wou d exceed one year
l , and whe e the r pe nal yt
right to hold office
1 month and 1
is divisible. SEC. 1, ACT NO. 4103
Arresto n1ayor and the exercise of
day lo 6 months Instances When ISL Shall Not Apply:

suffrage, during the
• Conviction of an offe nse punishable by death. roclusion perpetua.

term of the sentence.
or l fe imp sonment
i ri ;
6 months and 1
• Co n vi c on ti of t reason, cons pira cy or pro po sa l to c om mit treason ,
day t
o 6 years,
m isprision of treason, rebe llion, sedition , espionage , or pira cy;
except when
• When the convict is a habitual de i l nquent;
suspension is an
• An e sca pe e fr om con nement or e aded sente
fi v nc e ;
Suspension accessory NIA
, Violation of lhe terms of the conditional pa rdon granted by the

penalty, in which
President ;
case its duration

W hen his m ax imum term of imp sonment
ri does not exceed one
is lhat of the
year ;
principal penaltv
Wh en he is sentenced to the penal ty of destiem> or suspension

6 months and 1
only;
day l
o 6 years,
Pena y m lt i po sed does not in ol e imprisonmen v v t; and

except when
suspension is an A lready se rvi n g final judgment upon the app o al of the r v I S . SEC.
L 2 ,
ACT NO. 4103

Destiem> accessory NIA
(3) Three-Fold Ru e l
penalty, in which
'
case its duration • The max imum duration of the co nvict's sentence be not more than
is that of the
three (3) i
t mes lhe length of the most severe of the penalties
principal penalty
im posed upon him ;
5
--------------------------------------------
, Nol to exceed forty (40) years in total;
The period immediately D,
• The convict must serve at least four (4) sentences successively;
following the minimum·
and
prescribed and of the two
• Subsidiary penalty fomns part of the penalty. ART. 70, RPC Different divisible penalties
next following, which shall
Notes: composed of several
be taken from the penally
• Subsidiary imprisonment is excluded in computing maximum periods
prescribed, if possible;
duration. Prision Correccional in its
otherwise, from the penalty
medium period to Prision
, The rule applies although penalties were imposed for different
immediately following:
Mayor in its minimum period
crimes at different times and under separate information.
Arresto Mayor in its medium
(4) Subsidiary Imprisonment Pn'sion
period to
Application: Correccional in its n1inin1um
• If the principal penalty imposed be prision correccional or arresto period
and line, or only a fine; and

Penalty for a crime in some
, ti the convict has no property with which lo meet the fine. ART. 39,
manner not specially Application of the above
RPC
provided for in the four rules by analogy
Limitations:
preceding rules (3
, When the penalty imposed is prision correccional or arresto and
ART. 61, RPC
fine;
, Subsidiary imprisonment is "one day for each amount equivalent to F. Accessory Penalties
the highest minimum wage rate prevailing in the Philippines at the • Perpetual or temporary absolute disqualification;
time of rendition of the judgment of conviction by the trial court" Perpetual or temporary special disquallfication;
ART. 39, RPG, as amended by RA. No. 10159 , Suspension from public office, the right to v ole and be voted for, the
Subsidiary imprisonment shall not exceed 1/3 of the temn of the profession or calling;
sentence; , C v i il interdiction;
Oi1
, Not more than one year; and , Indemnification;
, No fraction or part of a day shall be counted against the prisoner. , Fon eiture or co nfiscation of instruments and proceeds of the
• When the penalty imposed is only a fine; offense; and
Subsidiary imprisonment shall not exceed six months, if the culprit • Payment of costs
shall have been prosecuted for a grave or less grave felony; or

G. Execution and Service
, Subsidiary imprisonment shall not exceed fifteen days, if for a light

(1) RPC Provisions
felony. ART. 39, RPC
, No penalty shall be executed except by v rti ue of a FINAL
When Not Applied:
JUDGMEN T. ART. 78, RPC
When the penalty imposed is higher than prision correctional,
, A penalty shall not be executed in any other fomn than that
When the penally imposed is a penalty not to be executed by
prescribed by law, nor with any other circumstances or mcidenls
confinement in a penal institution and which has no fixed period;

than these expressly authorized thereby. (Ibid.)
and
• When a convict shall become insane or an imbecile after fmal
, For failure to pay the reparation of the damaged caused,

sentence has been pronounced or while serving his sentence, the
)
)
indemnification of the consequential damages, and costs of the
execution of sentence shall be S U S PE N DED . ART. 79, RPC
proceedings. ART. 39, RPC
• If at any time the convict shall recover his reason, his sentence
EX
E. Graduation of Penalties shall be executed, unless the penalty s hall have prescribed. (Ibid.)
A.
The penalties of reclusi6n perpetua, reclusi6n ten1poral, prisi6n
Penalty Next Lower in
Penalty Prescribed by Law mayor, prisi6n correccional, and arresto n1ayor, shall be executed
Degree
and served in the places and penal establishments. ART. 86, RPC
Penalty following such Any person sentenced to destierro shall not be pemnitted lo enter
Single and indivisible:
indivisible penalty; Reclusion the place or places designated in the sentence, nor within the
Reclusion Perpetua
Temporal radius t herein specified, which shall be 25 km lo 25 0km from t he
place desiqnated. ART. 87

Two indivisible penalties
, The penalty of arresto menor shall be served n the municipal
i jail,
or two full divisible
Penalty following the lesser of or in the house of the defendant himself under the surveillance of
penalties:
the penalties: an officer of the law, when the court so provides, taking into
Reclusion Perpetua to
Reclusion Temporal consideration the health of the offender and other justifiable
Death
Prision Correccional reasons. ART. 88, RPC
Prision Mayor to
Reclusion Temporal (2) Probation Law ( P.O. 968, as amended)
Requisites for Probation:

The medium and minimum
, The conviction and sentence of he
t defendant is for a
periods of !he proper divisible
One or two indivisible probationabte penalty;
penally and the maximum B.
penalties and the
, Application for probation within the period for penecting an appeal;
period of the penally
maximum period of
and
immediately following;
another divisible penalty:
, The defendant has not pertectec an appeal from the j udgment f
o
Prision Mayor in its maximum

Reclusion Temporal in its
convictions,
period to Reclusion Temporal
maximum period to Death
• Except when a judgment of conviction imposing a non
in its medium period
probationable penalty is appealed or reviewed. and such judgment
is modified through the imposition of a probationable penalty. SEC.
4, P.D. 968
6
C. Effect of Offender's Death

Disqualified Offenders:
• General Rule: Accused's death pending appeal of his conviction
• Those sentenced to serve a maximum term of imprisonment of
extinguishes his criminal as well as his civil liability based solely
more lhan six (6) years;
on the offense committed. People v. Alison, G.R. No. L-30612
Those convicted of any crime against the national security;
{1972)
• Those who have previously been convicted by final judgment of an
• Exception: Civil liability arising from sources other than lhe
offense punished by imprisonment of more lhan six (6) months and
crime committed survives and may be pursued in a separate civil
one (1) day and/or a fine of not more lhan one thousand pesos
action. Sources of civil liability other than crime are law,
(P1 ,000.00);
contracts, quasi-contracts and quasi-delicts. People v. Bayotas,
• Those who have been once on probation under the provisions of
G.R. No 102007 1994
lhis Decree;
»
• Those who are already serving sentence al the lime the substantive
provisions of this Decree became applicable; SEC. 9, P.O. 968 CIVIL LIABILITY IN CRIMINAL CASES
• Those who violated the Omnibus Election Code; and

What is Included in Civil Liability
• Those convicted of drug trafficking or drug pushing. SEC. 24, R.A.
NO. 9165, AS AMENDED Restitution of lhe thing itself musl be
made whenever possible even when

(3) Juvenile Justice and Welfare Act (RA 9344, as amended)
found in lhe possession of a third
• Refers to a system dealing with children at risk and children in
Restitution
person except when the laller
conflict with the law,
acquired lhe lhing in lhe manner
• Which provides child-appropriate proceedings, including programs
required by lhe law. ART. 105, RPC
and services for prevention, diversion, rehabilitation, re-integration
and aftercare,
If reslilution is nol possible, the court
To ensure their normal growth and development. SEC. 4(m), R.A.
shall determine the amount of lhe
9344 Reparation of
damage, laking into consideration lhe
Diversion Damages Caused
price of lhe thing and ils sentimental
• Refers to an alternative, child-appropriate process of determining
value lo the injured party. ART. 106,
the responsibility and treatment of a child in conflict wilh the law,
RPC
• On lhe basis of his/her social, cultural, economic, psychological or
Includes nol only those caused by lhe
educational background without resorting to formal court
Indemnification for injured party, but also, those suffered
proceedings. SEC. 4(i), R.A. 9344
Consequential
by his family or by a third person by
Intervention
Damages
reason of the crime. ART. 101, RPC
• Refers to a series of activities which are designed to address
issues that caused the child lo commit an offense.
Individualized treatment program which may include counseling,
skills training, education, and other activities that will enhance
his/her psychological, emotional and psycho-social well-being. SEC.

REVISED PENAL CODE -
4(/ , R.A. 9344 BOOK II
EXTINCTION OF CRIM I NAL LIABILITY CRI M ES AGAINST NATIONAL SEC U RIT Y AND LAWS OF
A. Total Extinguishment NATIONS
• Criminal liability (personal and pecuniary penalties) is extinguished Tille One
only when death of the offender occurs before final judgment;

• The offender (Filipino or a resident alien) owes
(a) Extinguishmenl of criminal liability is a ground for motion lo
allegiance to lhe Government of the Philippines;
quash. Treason ART. • There is war in which lhe Philippines is involved;

(b) The death of lhe offended party does nol extinguish criminal 114, RPC
• The offender either:
liability because ii is a crime against the Slate.
(1) Levies war against lhe government; or
• Service of sentence; (2) Adheres to the enemies, giving lhem aid or
• Amnesty which completely extinguished lhe penally and all ils comfort.
effects; • The offender is a Filipino citizen and not a foreigner;
Absolute pardon; Misprision of • Has knowledge of any conspiracy to commit treason
• Prescription of the crime; Treason against lhe Government;
ART. 116, RPC • Conceals or does not disclose and make known the
Prescription of lhe penally;
same as soon as possible lo lhe proper authority.
• Marriage of the offended woman as in the crimes of rape,
• A vessel is on the high seas or in Philippine waters;

abduction, seduction and acls of lasciviousness. ART. 89, RPC
8. Partial Extinguishment Piracy in • Offenders are not members of its complement or
General and passengers of the vessel;

• Conditional pardon:
Mutiny on the • The offenders:
• Commutation of sentence;
High Seas or ( 1) Allack or seize lhe vessel;
• Good conduct allowances which the culprit may earn while he is
in Philippine (2) Seize the vessel's cargo, equipment, or
serving sentence;
Waters personal belongings of its complement or
• Parole; and ART. 122, RPC passengers.
• There is intent to cam.

___ • Probation. ART. 94, RPC -------------------------------
))
7
• A person in authority or his agent is the victim

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE
of any of the forms of direct assau't defined in
STATE
Article 148;
Title Two Indirect Assault • A person comes to the aid of such authority or
Arbitrary . Offender is a public officer or employee; ART. 149, RPC his agent; and
Detention • He detains a person; and • Offender makes use of force or intimidation
ART. 124, RPC • Detention is wrthoul legal grounds. upon such person coming lo the aid of the
authority or his agent.

• Offender is a public officer or employee;
. S/he either • • Offender is a person/s belonging to the military
a. expels any person from lhe Philippines; or police or holding any public office or
Expulsion
ART. 127, RPC or employment;
b. compels a person to change residence: • Committed by means of a swift attack
. Offender is not authorized lo do so by law. accompanied by violence, intimidation, threat .
strategy or stealth;
• Attack is directed against duly constituted

. Offender is a public officer or employee; and
authorities of the Republic of the Philippines, or
• He committed either of the following acts:
Coup d'etat any military camp or installation, communication
(1) Entering any dwelling against the will of lhe
ART. 134-A, RPC networks, public utilities or other facilities
Violation of owner thereof.
needed for the exercise and continued
Domicile (2) Searching papers or other effects found
possession of power; and
ART. 128, RPC therein without the consent of such owner.
• Purpose is to seize or diminish state power.
(3) Refusing to leave the premises alter having
Notes:
surreptitiously entered said dwelling and
• Considered a predicate crime of terrorism. SEC.
after having been required to leave the
3, R.A. 9372
same.
• Use of unlicensed firearm is absorbed if used in
)
)
connection wilh attempted coup d'etat. SEC. 29,
R.A. 10591
CRIMES AGAINST PUBLIC ORDER
• Offenders rise publicly, and tumultuously;

Title Three
• Employment force, intimidation, or other means
• There is a public uprising and laking arms
outside of legal methods;
against the government; and
• The purpose is to attain any of the following
• The purpose of lhe uprising or movement is •
objects:
a. lo remove from the allegiance to the
( 1) To prevent the promulgation or execution of
government or its laws Philippine
any law or the holding of any popular
tenitory or any part thereof, or any
election;
body of land, naval, or other armed
(2) To prevent the Government, or any public
forces;
officer thereof from freely exercising its or his
OR
Sedition functions, or prevent the execution of any
»
b. to deprive the Chief Executive or
Rebellion or ART. 139, RPC administrative order;
Congress, wholly or partially, of any of
Insurrection (3) To inflict any act of hate or revenge upon the
c
their powers or prerogatives.
ART. 134, RPC
person or property of any public officer or
employee;
Notes:
(4) To commit, for any political or social end,
• The use of unlicensed firearm is absorbed in the
any act of hale or revenge against private
crime of rebellion if used in furtherance of or
persons or any social class; and
incident to, or in connection with the crime of
(5) To despoil, for any political or social end,
rebellion, or insurrection, or sedition. SEC. 29,
any person, municipality or province, or the
R.A. 10591
• If the act is to deprive the Judiciary of �s power

National Government. of all its property or
or prerogatives, the crime committed is sedition. any part thereof.
ART. 139, RPC • Inciting others to the accomplishment of any of
• By employing force or intimidation. without a the acts which constitute sedition by means of
public uprising, with the aim of attaining any of speeches, proclamations, writings, emblems,
the purposes enumerated in defining the elc.;
crimes of rebellion or sedition; Elements:
a. Offender does not take direct part in the

• By allacking, employing force or seriously
Inciting to
crime of sedition;
intimidating or resisting any person in authority
Sedition
b. He incites others to lhe accomplishment of
or any of his agents while engaged in the
ART. 142, RPC
Direct Assault any of the acts which constitute sedition;
performance of official duties or on occasion of
ART. 148, RPC
and
such performance.
c. Inciting is done by means of speeches,

Qualified Direct Assault
proclamations, writings, emblems, cartoons,
• When the assault is commilted with a weapon;
banners, or other representations tending
• When the offender is a public officer or
towards the same end.
employee; or
• When the offender lays hand upon a person in
__ !'�lhori!)' _
0
8
• Uttering seditious words or speeches which • Commission by any public officer, employee,
lend lo disturb the public peace; or Writing, or notary, taking advantage of his official
publishing, or circulating scurrilous libels position, of any of the following acts:
against the government or any of the duly (1) Counterfeiting or imnating any handwriting,
constituted authorities thereof, which tend lo signature or rubric;
disturb the public peace. (2) Causing ii to appear that persons have
(a) They lend to disturb or obstruct any participated in any act or proceeding when
lawful officer in executing the functions they did not in fact so participate;
of his off,ce; or (3) Attributing to persons who have
(b) They tend to instigate others to cabal participated in an act or proceeding
and meet together for unlawful Falsification by statements other than those in fact made
purposes; or Public Officer, by them;
(c) They suggest or incite rebellious Public Employee, (4) Making untruthful statements in a narration
conspiracies or riots; or Notary or of facts;
(d) They lead or tend to stir up the people Ecclesiastical (5) Altering true dates;
against the lawful authorities or disturb Minister (6) Making any alteration or intercalation in a
the peace of the community, the safety ART. 171, RPC genuine document which changes its
and order of the mvernment. meaning;
(7) Issuing in an authenticated form a

Delivery of • There is a person confined in a jail or penal
document purporting to be a copy of an
Prisoners from establishment; and
original document when no such original
Jail • Offender removes therefrom such person or
exists, or including in such a copy a
ART. 156, RPC helps the escape of such person.
statement contrary lo. or different from, that
• Offender must be a public officer or employee
of the genuine original: or
• There must be rebellion by other persons
(8) Intercalating any instrument or note relative
• Commits any of the following acts:
Disloyally of to the issuance thereof in a protocol,
a. failing to resist a rebellion by all the means
Public Officers reaistrv, or official book.
in their power;
or Employees Elements under paragraph 1
b. continuing to discharge the duties of their
ART. 137, RPC
• Offender is a private individual or public
offices under the control of the rebels; or
officer or employee who did not take
c. accepting appointment to office under
advantage of his official position;
them.
• He committed any act of falsification under
• Offender is a convict by final judgment (not a
Art 171; and
Evasion of mere detainee);
• The falsification was committed in a public,
Service of • He is serving sentence which consists in the
official, or commercial document or letter of
Sentence deprivation of liberty; and
exchange.
ART. 157, RPC
• He evades service of his sentence by escaping
Falsification by Elements under paragraph 2
durinq the term of his imprisonment.
Private Individual • Offender committed any of the acts of
» and Use of Falsified falsification except Article 171(7), that is,
Documents issuing in an authenticated form a

CRIMES AGAINST PUBLIC INTEREST
ART. 172, RPC document purporting to be a copy of an
Title Four original document when no such original
• Forging the seal of the Government of the exists, or including in such a copy a
Philippines, the Signature or Stamp of the statement contrary to, or different from,
Chief Executive; ART. 161, RPC that of the genuine original;
• Falsification was committed in any private

• Use of the forged seal of the Government of
the Philippines, the Signature or Stamp of the document; and
Chief Executive; ART. 162, RPC • Falsification causes damage to a third
party or at least the falsification was

• Making, Importing and Uttering of False
committed with intent to cause such
Coins, in connivance with counterfeiters, or
importers; ART. 163, RPC damage.
• Mutilation of coins: ART. 164, RPC • Offender knew that the document was
Forgeries • Selling of False or Mutilated Coin, without Introducing Falsified
falsified by another person;
ART. 161-168, RPC Connivance; ART. 165, RPC Document in a
• The false document is in Articles 171 or 172;
• Forging treasury or bank notes on other Judicial Proceeding

• He introduced said document in evidence in
ART. 171 & 172, RPC
documents payable to bearer; importing, and any judicial proceeding.
uttering such false or forged notes and
»
documents; ART. 166, RPC
• Counterfeiting, importing and uttering CRIMES AGAINST PUBLIC MORALS
instruments not payable to bearer; and ART.

Title Six
167, RPC
Offender pertorms acts which are hrghly
• Illegal possession and use of false treasury
scandalous as to offend decency or good
or bank notes and other instruments of credit.
Grave Scandal
ART. 168, RPC customs;
ART. 200, RPC
Such highly scandalous conduct is not
_ punishable under any article of the RPG; and __
9
---------------------------------- -
Acts complained of be cornmned in a public , Offender is a public officer;
place or within the public knowledge or view. • He solicits or makes immoral or indecent advances
US v. Samaniego, G.R. No. 5115(1909}
to a woman;
, Persons Liable: • Such woman is -
(1) Those who shall publicly expound or proclaim a. interested in matters pending before the
doctrines openly contrary to public morals; offender for decision, or with respect to which
Immoral Doctrines, Abuses
(2) The authors and editors of obscene literature, he is required to submit a report to or consult
Obscene Against
published with their knowledge, and the with a superior officer; or
Publications and Chastity
operators/owners of the establishment selling
b. under the custody of the offender who is a
ART. 245, RPC
Exhibitions, and
the same; warden or other public officer directly charged
Indecent Shows
(3) Those who exhibit indecent or immoral plays, with the care and custody of prisoners or
ART. 201, RPC
scenes, acls or shows which are proscribed; persons under arrest; or
(4) Those who shall sell, give away or exhibit c. the wife, daughter, sister or relative within the
films, prints, engravings, sculptures or same degree by affinity of the person in the
literature which are offensive to morals. custody of the offender.
))
• Offender is a public officer or employee;

CRIMES COMMITTED BY PUBLIC OFFICERS
• He has under his charge a prisoner or detention
prisoner;
Title Seven
He maltreats such prisoner:

• Offender is a public officer;
a. By overdoing himself in the correction or
• He has the custody or control of funds or property by
handling of a prisoner or detention prisoner
Malversation reason of the duties of his office;
under his charge either:
of Public , Funds or property were public funds or property for
Maltreatment (1) By the imposition of punishment
Funds or which he was accountable; and
of Prisoners not authorized by the regulations;
Property . He appropriated, took, misappropriated or consented
ART. 235, RPC or
ART. 217, RPC
or, through abandonment or negligence, permitted
(2) By innicting such punishments
another person to take them.
(those authorized) in a cruel and
. The offender is a public officer; humiliating manner; or
Illegal Use of There is a public fund or property under his b. By maltreating such prisoners to extort a
•
Public Funds administration; confession or to obtain some information from the
or Property/ Such public fund or property has been appropriated prisoner, in which case, the penalty � higher, in
•
Technical by law or ordinance; and addition to his liability for the physical injuries he
Malversation . suffered.
He applies the same lo a public use other than that
ART. 220, RPC
for which such fund or property has been Dereliction of , Committed by any public officer, or officer of the law,
appropriated by law or ordinance. Duty in the • Who, in dereliction of the duties of his office,
Prosecution
• The offender is a public officer; • Shall maliciously refrain from instituting prosecution
of Offenses/
• He accepts an offer or promise or receives a gift or for the punishment of violators of the law, or
Prevaricacion
present by himself or through another; , Shall tolerate the commission of offenses.
ART. 208, RPC
• With a view to committing some crime, or
Direct »
. In consideration of the execution of an act which
Bribery
does not constitute a crime but the act must be CRIMES AGAINST PERSONS
ART. 210, RPC
unjust, or
Title Eight
. To refrain from doing something which it is his official
duty to do; and Rape by Sexual Intercourse
. The execution of the agreed act rs connected with • Committed by a man,
the pertormance of his official duties. • Who shall have carnal knowledge of a woman
• Offender is a public officer; under any of the following circumstances: s,

. He accepts gifts; and (1) Through force, threat, or intimidation;
Gifts are offered to him by reason of his office. (2) When the offended party is deprived of
•
Indirect
. Under existing laws and the civil service rules, public reason or otherwise unconscious; or
Bribery Rape
officers are prohibited to receive, directly or (3) By means of fraudulent machination or
ART. 211, RPC ART. 266-A, RPC
indirectly, grave abuse of authority;
. Any gift, present or any other form of benefrt in the
, When the offended party is under twelve ( 12)
course of official duties,
years of age or is demented, even though
• On any occasion, including Christmas. P.D. No. 46

none of the circumstances mentioned above
• Offender is a public officer entrusted with law be present.

enforcement;
Rape through Sexual Assault
Qualified • He refrains from arresting or prosecuting an offender
Committed by any person,
Bribery who has committed a crime punishable by reclusion
Who, under any of the circumstances
ART. 211-A, perpefua and/or death;
RPC mentioned in paragraph 1 hereof,

• He refrains from arresting or persecuting the
offender in consideration of any promise, gift or • Shall commit an act of sexual assault:
By inserting his penis into another person's

__ present. ------------------------------
----------- mouth or anal orifice, or
�--------------- -----------------------------------
1 0
,i
----------------------------------. ------------------�--------------------------------
(2) By inserting any instrument or object, into • Committed by any person,
the genital or anal orifice of another person. • Without intent to kill,
Administering Shall inflict upon another any serious

Statutory Rape ,
Injurious Substances
(1) The offended party is under twelve (12) physical injury,
or Beverages
years of age; and , By knowingly administering to him any
ART. 264, RPC
(2) The accused had carnal knowledge of her,
injurious substance or beverages or,
regardless of whether there was force,
• By laking advantage of his weakness of
threat or intimidation, whether the victim
mind or credulity.
was deprived of reason or consciousness,
or whether it was done through fraud or • Committed by any person,
grave abuse of authority. People v. Manson, • Who shall inflict upon another,
G.R. No. 215341 (2016/ , Physical injuries not described in the
preceding articles,
, A person was killed;
, But which shall incapacitate the offended
, The accused killed him/her; Less Serious Physical
Murder party for labor for ten (10) days or more,

Injuries
, The killing was attended by any of the qualifying
ART. 248, RPC ART. 265, RPC but not more than 30; or
circumstances mentioned in Article 248;
• Shall require medical assistance for the
, That the killing is not parricide or infanticide.
same period,
, A person was killed; , If lhe victim is a person in authority, the
, The accused killed him/her without any deed does not constitute assault upon
justifying circumstance; such person.
, The accused had the intention to kill, which is , Committed by any person,
presumed:
• Who shall inflict physical injuries which
Homicide
, The killing was not attended by any of the shall:
ART. 249, RPC
qualifying circumstances of murder or by that of ( 1) Incapacitate the offended party for labor
Slight Physical
parricide or infanticide. Villanueva v. Caparas. from one (1) to nine (9) days, or
Injuries and
G.R. No. 1!10969 {2013/ (2) Require medical attendance during the
Maltreatment
same period,
, Committed by any person: ART. 266, RPC
(3) Not prevent the offended party from
(1) By intentionally mutilating another by
engaging in his habitual work, or
depriving him of some essential organs for
(4) Not require medical assistance,
Mutilation
reproduction either totally or partially; or
, Who shall ill-treat another by deed without
ART. 26Z RPC
(2) By intentionally making other mutilation,
causina anv iniurv
that is lopping or clipping off any other part

»
of the body of the victim, that must be
CRIMES AGAINST PERSONAL LIBERTY AND SECURITY
protruding from the body.
• Committed by any person, Title Nine
• Who shall wound, beat, or assault another, and . Offender is a private individual;
, In consequence of the physical injuries inflicted, . He kidnaps or detains another, or deprives
the injured person: the latter of his liberty without legal or
justifiable grounds; and

(1) Shall become insane, imbecile, impotent, or
• In the commission of the offense, any of the
blind; Kidnapping and
following circumstances is present:
(2) Shall have lost the use of speech or the Serious Illegal
(1) Kidnapping or detention lasts for more
power to hear or to smell, or Detention
than 3 days;
ART. 267, RPC
(3) Shall have lost an eye, a hand, a foot, an
(2) Committed by simulating public authority;
arm, or a leg or shall have lost the use of (3) Any serious physical injuries are inflicted
Serious Physical
any such member, upon the person kidnapped or detained or
Injuries
(4) Shall have become incapacitated for the threats to kill him are made; or
ART. 263, RPC
work in which he was habitually engaged; (4) Person kidnapped or detained is a minor,
(5) Shall have become deformed, or female, or a public officer.
(6) Shall have lost any other part of his body, or . Person prevented another from doing
(7) Shall have lost the use thereof, or something not prohibited by law; or
(8) Shall have been ill or incapacitated for the . He compelled him to do something against
his will, be it right or wrong; and

pertormance of the work in which he has
. Prevention of compulsion be effected by
habitually engaged for a period of more
Grave Coercion
violence, either by material force or such a
than ninety days;
ART. 286, RPC
display of force as would produce
(9) Shall have caused the illness or incapacity
intimidation and control the will of the
for labor of the injured person for more than
offended party; and lastly
thirty (30) days.
• Person who restrained the will and liberty of
---------------------------------- -
another had not the authority of law or the
__ rf!l't to do so. ______________________

�----------------
1 1
----------------- -------------------------------- - ---------------

• Offender is a creditor, • There are least four armed persons;
• He seized anything belonging to his debtor, • They formed a band of robbers;
Light Coercion Seizure was accomplished by means of • The purpose is any of the following:
• Brigandage
ART. 287, RPC
violence or a display of material force a. To commit robbery in the highway;
ART. 306, RPC
producing intimidation; and b. To kidnap persons for the purpose of
. Purpose of offender is to apply the same lo extortion or to obtain ransom; or
the payment of the debt. c. To attain by means of force and violence
any other purpose.

• When a person threatens another,
Grave Threats
With the infliction upon the person, honor or • Committed by any person who,
ART. 282, RPC
•
property of the latter or of his family, • Bums or sets fire to the property of another; or
. Of anv wrona amountina to a crime . • Sets fire to his own property under
circumstances which expose to danger the life

Light Threats • There must be a threat to inflict a wrong not
ART. 283, RPC constituting a crime, Arson or property of another.
SEC. 1 & 4, Special Aggravating Circumstances

• With a demand for money or other condition .
P.D. 1613
, Committed with intent to gain;
)
)
, Committed for the benefit of another;
CRIMES AGAINST PROPERTY , Offender is motivated by spite or hatred towards
the owner or occupant of the property burned;

Title Ten
• Committed by a syndicate or group of three (3)
• There is taking of personal property of another;
or more oersons.
Theft • With intent to gain;
• The offender deliberately caused damage to the
ART. 308, RPC • Without the owner's consent; and
Malicious property of another;
• Without violence or intimidation of persons nor
Mischief , But does not constitute arson or other crimes
force upon lhinos.
ART. 327, RPC involving destruction; and
, Committed by a person who defrauds another;
• The act is committed merely for the sake of
, Causing damage to the latter or to third persons;
damaging it.
Swindling (1) With unfaithfulness or abuse of confidence,
))
(Estala) (2) By means of false pretense or fraudulent acts
ART. 315, RPC executed prior lo or simultaneously with the

C R IMES AGAINST CHASTITY
commission of fraud, or
(3) Through any of the fraudulent means Title Eleven
enumerated under the provision. • Offender is a married woman;
• Pretending to be owner of any real property, shall • Had sexual intercourse with a man not her
convey, sell, encumber or mortgage the same; husband;

Adultery
. Knowing that real property is encumbered, shall
ART. 333, RPC , To be also liable for adultery, the man with whom
dispose of the same, although such encumbrance

she had· sexual intercourse must know her to be
is not recorded;
married.
, The owner of any personal property who shall
wrongfully take ii from its lawful possessor, to the • The offender is a married man who committed any
prejudice of the latter or any third person; of the following acts:
Other forms of • Any person who, to the prejudice of another, shall ( 1) Keeping a mistress in the conjugal dwelling; or
Swindling execute any fictitious contract; (2) Having sexual intercourse, under scandalous
Concubinage
ART. 316, RPC
• Any person who shall accept any compensation ART. 334, RPC circumstances, with a woman who is not his
given him under the belief that it was in payment .,;fe;
of services rendered or labor performed by him,

(3) Cohabiting with her in any other place.
when in fact he did not actually pertorm such »
(4) As regards the woman, to be also liable for
services or labor;
concubinage, she must know him to be married.
• Any person who, while being a surety in a bond
c
given in a criminal or civil action, shall sell, • Offender commits any act of lasciviousness or
mortgage or in any other manner, encumber the lewdness;
real property or properties with which he • Committed against a person of either sex under the
ouaranteed the fulfillment of such obliaation.

following circumstances:
• Committed by any person; Acts of

(1) Use of force or intimidation;
. Lasciviousness
Who shall lake any personal property belonging
(2) Offended party is deprived of reason Of
ART. 336, RPC
to another,
otherwise unconscious;
Robbery
• With intent to gain,
ART. 293, RPG
(3) By means of fraudulent machination or grave
• By means of violence against or intimidation of
abuse of authority; or
any person, or
(4) Offended party is under twelve (12) years of
• By using force upon anything.
age or is demented.
Kinds:
• Offended party must be a woman regardless of her
• Robbery with violence or intimidation; and
Forcible
age and chastity;
• Robbery with force upon things. Avecilla v. People.
Abduction
• Taking away of the offended party must be against
__ G.R. No 46370 {1992} ------------------- . ART. 342, RPC
------------- her will; and
• With lewd designs. _______________________
-------------
1 2
I
I . ' J
i
.
1 �' � .
------------- ------------------------------------ -
• Offended party must be a virgin; Offender committed acts that casts dishonor,
Slander by Deed
discredrt or contempt on another person,
• She must be over 12 and under 18 years of age;
Consented ART. 359, RPC
• Which caused him shame or embarrassment.
Abduction • Taking away of the offended party must be with her
ART. 343, RPC consent, after solicitation or cajolery from the »
offender;
QUASI - OFFENSES
• With lewd designs.
(CRIMINAL NEGLIGENCE)
• The seduction (having carnal knowledge) of a

Punishable Acls
Simple woman,
Committing through reckless imprudence any act which, had it been
Seduction
• Who is single or a widow of good reputation, over
intentional, would constitute a grave or less grave felony or light
ART. 338, RPC
twelve (12) but under eighteen (18) years of age,
felony;
• Committed by means of deceit. Committing through simple imprudence or negligence an act which
By Abuse of Authority or Confidence: would otherwise constitute a grave or a less serious felony;
• The seduction of a virgin, • Causing damage to the property of another through reckless
imprudence or simple imprudence or negligence; and

• Over twelve (12) years and under eighteen (18)
• Causing through simple imprudence or negligence some wrong which,

years of age, committed by:
(1) Any person in public authority, if done maliciously, would have constituted a light felony. ART. 365,
RPC
(2) Priest,
(3) House-servant, Noles:
(4) Domestic, • Reckless imprudence or ne�igence consists of a voluntary act done
(5) Guardian, without malice,

Qualified
Teacher, or • From which an immediate personal harm, injury or material damage

Seduction (6)
ART. 337, RPC

(7) Any person who, in any capacity, shall be results,
entrusted with the education or custody ot the • By reason of an inexcusable lack of precaution or advertence on the
woman seduced. part of the person committing it;
By Abuse Of Relationship: • In this case, the danger is visible and consciously appreciated by the
• Committed by any person who shall seduce his actor;
sister or descendant, • In contrast, simple imprudence or negligence comprises an act done
• Whether or not a virgin, or without grave fault, from which an injury or material damage ensues
by reason of a mere lack of foresight or skill. Villareal v. People. G.R.

• Whether or not she be over eighteen (18) years of
No. r5r258 /2012/
age.
• Committed by any person,
Corruption • Who shall promote or facilitate the prostitution or

SPECIAL LAWS
of Minors corruption of,
ART. 340, RPC • Persons underage
ANTI-ARSON LAW (P.D. 1 6 1 3 , as amended by P.O. 1744)

• To satisfy the lust of another.
• Committed by any person, who: • Arson: Any person who burns or sets fire to the property of another or
(1) Shall engage in the business or shall profit by when a person sets fire to his own property under circumstances
White Slave
prostitution; or which expose to danger the life or property of another. SEC. 1

Trade
ART. 341, RPC (2) Shall enlisl the services of any other person for • Destructive Arson: If the property burned is any of the following:
(1) Any ammunition factory and other establishment where explosives,

the purpose of prostitution.
inflammable or combustible materials are stored.
»
(2) Any archive, museum, whether public or private or any edifice
CRIMES AGAINST HONOR devoted to culture, education or social services.
(3) Any church or place or worship or other building where people

Title Thirteen
usually assemble.
• Public and malicious,
(4) Any train, airplane or any aircraft, vessel or watercraft, or
. I mputation of a crime or of a vice or defect, real
conveyance for transportation of persons or property.
or imaginary, or any act, omission, condition,
Libel (5) Any building where evidence is kept for. use in any legislative.
status or circumstance,
ART. 353, RPC
judicial, administrative or other official proceedings.
• Tending to cause the dishonor, discredit or
(6) Any hospital, hotel, donnitory, lodging house, housing tenement,
contempt of a natural or juridical pe rson or to
shopping center, public or private market, theater or movie house or
blacken the memory of one who is dead.
any similar place or building.
• Public and malicious;
(7) Any building situated in a populated or congested area. SEC. 2
• I mputation of a crime or a vice or defect, real or
• Other Cases of Arson: The burning of:
i maginary, or any act. omission, condition, status
Slander I Oral
or circ umstances; (1) Any building used as office of the government:
D efamation
• D irected againsl a natural or juridical person or (2) Any uninhabited house or dwelling;
ART. 358, RPC
one who is dead; (3) Any industrial establishment, shipyard, oil well or mine shaft, platfonm
• Which tend to defame; and or tunnel;
• The imputation, mus! be verbally made or orally (4) Any plantation, farm, pasture land, growing crop, grain field, orchard,
uttered. bamboo grove forest;

-------------- ------------------------------------- ---------------------------------------------------
1 3
-(5fAny rice mill, cane mill or mill central· and------------------

»
(61 Any railway or bus station, airport, wharf or warehouse. SEC. 3
ANTI-FENCING LAW OF 1979 (P.O. 1612)
• Special Aggravafing Circumslances:
A. Definition of Terms:
(1) If committed with intent to gain;
• Fencing: The act of any person who, with intent to gain, shall buy,
(2) If committed for the benefit al another; receive, possess, keep, acquire, conceal, sell or dispose al, or shall
(3) If the offender is motivated by hatred towards the owner or occupant buy and sell, or deal in any article, item, object or anything of value
of the property burned; which he knows, or should be known to him, to have been derived
(4) If committed by a syndicate. SEC. 4 from the proceeds of robbery or theil. SEC. 2(a)
Fence: Any person, firm, association, corporation or partnership or

Where Death Results By Reason of Arson: The penalty
other organization who/which commits the act of fencing. SEC. 2(b}
ol Reclusion Perpetua to Death shall be imposed. SEC. s
Presumption of Fencing: Mere possession of any good, article, item,
» object, or anything al value which has been the subject of robbery or
thievery shall be prima facie evidence of fencing. SEC. 5

ANTI-CHILD PORNOGRAPHY ACT OF 2009 (R.A. 9775)
A. Definition of Terms: »
Child: A person below eighteen (18) years of age or over, but is

ANTI-GRAFT AND CORRUPT PRACTICES ACT (R.A. 3019, AS
unable to fully take care of himself from abuse, cruelty, exploitation
AMENDED)
or discrimination because of a physical or mental disability or
• Conrupt Practices of Public Officers: In addition to acts or omissions of
condition. SEC. 3(a)
public officers already penalized by existing Jaw, the following are
• For /he purpose of this Act, a child shall also refer to:
hereby declared lo be unlawful:
(1) A person regardless of age who 1s presented, depicted or
(a) Persuading, inducing or influencing another public officer;
portrayed as a child as defined herein; and
Ta perform an act constituting a violation of rules and
(2) Computer-generated images or graphics of a person who is
regulations duly promulgated by competent authority or an
represented or who is made to appear to be a child as defined
offense in connection with the official duties of the laller, or
herein. (Ibid.)
allowing himself to be persuaded, induced, or inlluenced to
Child Pornography: Any representation by electronic, mechanical,
commit such violation or offense.
digital, optical, magnetic or any other means, of child engaged or
(b) Directly or indireclly requesting or receiving any gilt, present,
involved in real or simulated explicit sexual activities. SEC. 3(b)
share, percentage, or benefit, for himself or for any other person,
Explicit Sexual Activity:
In connection with any contract or transaction between the
(1) Sexual intercourse or lascivious act whether between persons of
Government and any other part,
the same or opposite sex;
Wherein the public officer in his official capacity has to
(2) Besl!ality;
intervene under the law.
(3) Masturbation;
(cl Directly or indirectly requesting or receiving any gilt, present or
(4) Sadistic or masochistic abuse;
other pecuniary or material benefit, for himself or for another, from
(5) Lascivious exhibition of the genitals, bullocks, breasts, pubic area
any person for whom the public officer, in any manner or capacity,
and/or anus;
has secured or obtained, or will secure or obtain, any Government
(6) Use of any object or instrument for lascivious acts. SEC. J(c)
permit or license, in consideration for the help given or Jo be given,
»
• Unlawful or Prohibited Acts:
without prejudice lo Section thirteen of this Act.
(al To hire, employ, use, persuade, induce or coerce a child to
(d) Accepting or having any member of his family accept employment
perform in the creation or production of child pornography;
in a private enterprise which has pending official business with him
(b) To produce, direct, manufacture or create any fonrn of child during the pendency thereof or within one year after its
pornography; termination.
(cl To publish, offer, transmit, sell, distribute, broadcast, advertise, (el Causing any undue injury to any party, including the Government,
promote, export or import any form of child pornography; or giving any private party any unwarranted benefits, advantage or
(d) To possess any form of child pornography with the intent lo sell, preference in the discharge of his official administrative or judicial
distribute, publish, or broadcast, Provided that possession of three functions
(31 or more articles of child pornography of the same fonrn shall be • Through manifest partiality, evident bad faith or gross
prima facie evidence of the intent to sell, distribute, publish or
inexcusable negligence.
broadcast;
, This provision shall apply to officers and employees of offices
(el To knowingly, willfully and intentionally provide a venue for the
or government corporations charged with the grant of licenses
commission of prohibited acts;
or permits or other concessions.
(D For film distributors, theaters and telecommunication companies
(f) Neglecting or refusing lo act within a reasonable lime on any
to distribute any form of child pornography;
matter pending before him
(gl For a parent, legal guardian or person having custody or control of
• After due demand or request,
a child to knowingly permit the child to engage, participate or
• Without sufficient justification,
assist in child pornography;
For the purpose of obtaining from any person interested in the ))
(hi To engage in luring or grooming of a child;
matter some pecuniary or material benefit or advantage, or
(ii To engage in pandering of any form of child pornography;
For the purpose of favoring his own interest or giving undue
(ii To willfully access any form of child pornography;
advantage in favor of or discriminating against any other
(kl To conspire to commit any of the prohibited acts staled in this
interested party.
section; and
(II To possess any form of child pornography. SEC. 4 (g) Entering, on behalf of the Government, into any contract or
transaction manifestly and grossly disadvantageous to the same,

Syndicated Child Pornography: If carried out by a group of
three (3) or more persons conspiring or confederating with one _____ whether or not the publi_c: officer P".'��.:'��Jl_'��l:�".r��'.', _
another. SEC. 5
1 4
•
'i
J
1
'
(h) Directly or indirectly having financing or pecuniary interest in any • Note: An aircraft is in flight from the moment all its external
business, contract or transaction; doors are closed following embarkation until any of such doors
• In connection with which he intervenes or lakes part in his is opened for disembarkation. (lb,d.J
official capacity, or (2) To compel an aircraft of foreign registry lo land in Philippine
• In which he is prohibited by the Conslilution or by any law territory or lo seize or usurp the control thereof while ii is within
from having any interest. lhe said territory. (/b;d.)
(i) Directly or indirectly becoming interested or having a material (3) To ship, load or carry in any passenger aircraft operating as a
interest in any transaction or act requiring the approval of a board, public utility within the Philippines, and explosive, flammable,
panel or group of which he is a member, corrosive or poisonous substance or material. SEC. 3
• For personal gain and

»
• Which exercises discretion in such approval, even if he votes
ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009 (R.A.
against the same or does not participate in the action of the
9995)
board, committee, panel or group.
ij) Interest for personal gain shall be presumed against those public A. Definition of Tenns:
officers responsible for the approval of manifestly unlawful, • Broadcast: To make public, by any means, a visual image with the
intent that it be viewed by a person or persons. SEC. J(a)

inequitable, or irregular transaction or acts by the board, panel or
group lo which they belong.

• Capture: To videotape, photograph, film, record by any means, or
broadcast. SEC. J(b)

(k) Knowingly approving or granting any license, permit, privilege or
• Photo or Video Voyeurism:

benefit in favor of any person not qualified for or not legally entitled
{a) The act of taking photo or video coverage of a person or group of
to such license, permit, privilege or advantage, or of a mere
persons perfonning sexual act or any similar activity or of capturing
representative or dummy of one who is not so qualified or entitled.
an image of the private area of a person or persons;
(I) Divulging valuable information of a confidential character, acquired
(b) Without the latter's consent;
by his office or by him on account of his official position lo
(c) Under circumstances in which such person has a reasonable
unauthorized persons, or releasing such information in advance of
expectation of privacy; or
its authorized release dale.
(d) The acl of selling, copying, reproducing, broadcasting, sharing,
(m) The person giving lhe gift, present. share. percentage or benefit
showing or exhibiting the photo or video coverage or recordings of
referred lo in subparagraphs (b) and (c); or such sexual act or similar activity;
• Offering or giving to the public officer the employment (e) Through VCDIDVD, inlemel, cellular phones and similar means or
mentioned in subparagraph (d); or device;
Urging lhe divulging or untimely release of the confidential (f) Without the written consent of the person involved, nolwilhslanding
that consent to record or take photo or video coverage of same was

information referred lo in subparagraph (k) of this section
given by such persons. SEC. 3(d)

• Shall, together with the offending public officer, be punished
• Under circumstances in which a person has a reasonable
under Section nine of this Acl and shall be permanently or
expectation of privacy:
temporarily disqualified in lhe discretion of the Court, from
(a) A belief lhal he/she could disrobe in privacy, without being
transacting business in any form with the Government. SEC. J
concerned that an image or his private area was being captured; or
»
(b) Circumstances in which a reasonable person would believe lhal his
ANTI-HAZING ACT OF 2018 (R.A. 8049, AS AMENDED BY R.A. private area would not be visible lo the public, whether that person
10053) is in a public or private place. SEC. Jm

8. Prohibited Acts:
• No hazing or initiation rites in any form or manner by a fraternity,
(a) To lake photo or video coverage of a person/s pertorming sexual act
sorority or organization shall be allowed without prior written notice to
or any similar aclivity or to capture an image of his private area;
the school authorities or head of organization seven (7) days before

• Without the consent of lhe personls involved
the conduct of such initiation. SEC. 2

• Under circumstances in which the person/s has/have a reasonable
• The wrillen notice shall indicate: expectation of privacy;
(1) The period of lhe initiation activities which shall not exceed three (b) To copy or reproduce, or lo cause to be copied or reproduced. such
photo or video or recording of sexual acl or any similar activity with

(3) days;
or without consideration;
(2) The names of those lo be subjected lo such activities, and
(c) To sell or distribute, or cause lo be sold or distributed, such photo or

(3) An undertaking lhal no physical violence be employed during such
video or recording of sexual act, whether· it be the original copy or
initiation rites. �bid.)
reproduction thereof; or
• The head of lhe school or organization or their representatives must

(d) To publish or broadcast, or cause lo be published or broadcast,
assign al least two (2) representatives of the school or organization, lo whether in print or broadcast media, or show or exhibit the photo or
be present during the initiation lo see lo ii lhal no physical harm of any video cov erage or recordings of such sexual ac t or any similar
kind shall be inOicled upon a recruit, neophyte or applicant. SEC. 3 activity through VCD/DVD, internet, cellular phones and other similar
means or device.
)
)
(e) The prohibition under paragraphs (b), (c) and (d) shall apply
nolwilhslanding lhal consent lo record or lake photo or video

ANTI-HIJACKING LAW (R.A. 6235)
coverage of the same was given by such person/s. SEC. 4
• Unlawful Acts:
NOTE: Any person who violates this provision shall be liable for photo or
(1) To compel a change in the course or destination of an aircraft of
video v oyeurism as defined herein. (Ibid.)
Philippine registry, or lo seize or usurp the control thereof, while I
»
----- is in flight. SEC. 1 ---------------------------------
1 5
;-;n-an education or training environment, sexual harasS�;�ti;

ANTI-PLUNDER ACT (R.A. 7080, as amended by R.A. 7659)
committed:
Ill-gotten wealth: Any asset, property, business enterprise or material
(a) Against one who is under the care, custody or supervision of the
possession of any person acquired by him directly or indirectly through
offender;
dummies, nominees, agents, subordinates and/or business associates
(b) Against one whose education. training, apprenticeship or tutorship
by any combination or series of lhe following means or similar
is entrusted to the offender;
schemes:
(c) When the sexual favor is made a condition to the giving of a
(a) Through misappropriation, conversion, misuse or malversation of
passing grade, or the granting of honors and scholarships, or the
public funds or raids in the public treasury;
payment of a stipend, allowance or other benefits, privileges, or
(b) By receiving any form of pecuniary benefit from any person or
consideration; or
entity in connection with any government contract or project by
(d) When the sexual advances result in an intimidating, hostile or
reason of the office or position of the public officer concerned.
offensive environment for the student, trainee or apprentice.
(c) By the illegal or fraudulent disposition or conveyance of assets
• Any person who directs or induces another to commit any act of
belonging to the government;
sexual harassment, or who cooperates in the commission thereof by
(d) By obtaining, receiving or accepting any shares ol stock or any
another without which it would not have been committed, shall also be
form of interest or participation including the promise of
held liable under this Act. SEC. 3(b)
employment in any business enterprise or undertaking;
))
(e) By establishing agricultural, industrial or commercial monopolies
intended to benefit particular persons or special interests; or ANTI-TORTURE ACT OF 2009 (R.A. 9745)
(D By taking undue advantage of official position, relationship,

A. Definitions:
connection or influence to unjust� enrich himself or themselves at
• Torture:
the expense and to the damage and prejudice of the Filipino
(1) An act by which severe pain or suffering, whether physical or
people and the Republic of the Philippines. SEC. 1
mental, is intentionally inflicted on a person;
• Definition of Plunder: (2) For purposes of obtaining from him/her or a third person
(a) Any public olficer who, by himse� or in connivance with members of information or a confession;
his family or other persons; (3) Punishing him/her for an act helshe or a third person has
(b) Amasses, accumulates or acquires ill-gotten wealth through a committed or is suspected of having committed; or
combination or series of overt or criminal acts defined in Section 1; (4) Intimidating or coercing him/her or a third person; or
(c) In the aggregate amount of or total value of at least P50,000,000. (5) For any reason based on discrimination of any kind, when such
SEC. 2 pain or suffering is inflicted by or at the instigation of or with the
, Any person who participated with the said public officer in the consent or acquiescence of a person in authority or agent of a
commission of an offense contributing to the crime of plunder shall person in authority.
likewise be punished lor such offense. (Ibid.) (6) It does not include pain or buffering arising only from. inherent in
, In the mpositon of penalties, the degree of participation and the or incidental lo lawful sanctions. SEC. 3(a)
attendance of mitigating and extenuating circumstances as provided in • Other cruel, inhuman and degrading treatment or punishment:
the RPC, shall be considered by the court. (Ibid.) (1) A deliberate and aggravated treatment or punishment not
The court shall deciare any and all ill-gollen wealth thereof be forfeited enumerated under Section 4 of this Act;
in favor of the government. (Ibid.) (2) Inflicted by a person in authority or agent of a person in authority
against a person under his/her custody;

»
(3) Which allains a level of severity causing suffering, gross
ANTI-SEXUAL HARRASSMENT ACT OF 1995 (R.A. 7877)
humiliation or debasement to the latter. SEC. 3(b)
• Work, Education or Training -Related, Sexual Harassment
• Acts of Torture:
(a) Committed by an employer, employee, manager, supervisor, agent
(a) Physical torture: A form of treatment or punishment inflicted by a
of the employer, teacher, instructor, professor, coach, trainor, or
person in authority or agent of a person in authority upon another
any other person who, having authority, influence or moral
in his custody that causes severe pain, exhaustion, disability or
ascendancy over another in a work or training or education
dysfunction of one or more parts of the body; SEC. 4
environment,
(b) Mental/Psychological Torture: Acts committed by a person in
(b) Demands. requests or otherwise requires any sexual favor from
authority or agent of a person in authorrty which are calculated lo
the other;
affect or confuse the mind or undermine a person's dignity and
(c) Regardless of whether the demand, request or requirement for
morale. (Ibid.)
submission is accepted by the object of said Act. SEC. 3
The assessment of the level of severity shall depend on all the

• In a work-related or employment environment,
circumstances of the case, including the duration of the treatment or
sexual harassment is committed when:
punishment, its physical and mental effects and, in some cases, the
(a) The sexual favor is made as a condition in the hiring or in the
sex, religion, age and state of health of the victim. SEC. 5
employment, re-employment or continued employment of said
individual, or in granting said individual favorable compensation, »
terms of conditions, promotions, or privileges; or
(b) The refusal to grant the sexual favor results in limiting, segregating
or classifying the employee which in any way would discriminate,
deprive or diminish employment opportunities or otherwise
adversely affect said employee;
(c) The above acts would impair the employee's rights or privileges
under existing labor laws;
(d) The above acts would result in an intimidating, hostile, or offensive
_____environment for the employee. SEC. 3(a) -------------------
1 6
l
l
(g) When by reason or on occasion of lhe act of trafficking in persons,

ANTI-TRAFFICKING IN PERSONS ACT OF 2003 (R.A. 9208, as
the offended party dies, becomes insane, suffers mutilation or is
amended)
afflicted with Human Immunodeficiency Virus (HIV) or the Acquired
• Trafficking in Persons: Immune Deficiency Syndrome (AIDS). SEC. 6
(a) The recruitment, transportation, transfer or harboring, or receipt of

»
persons;
(b) With or without the victim's consent or knowledge; ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN
(c) Within or across national borders: ACT OF 2004 (R.A. 9262)
(d) By means of threat or use of force, or other forms of coercion, A. Definition of Tenns:
abduction, fraud, deception, abuse of power or of posilion, taking
• Violence against women and their children:
advantage of the vulnerability of the person, or, the giving or
(1) Any act or a series of acts committed by any person;
receiving of payments or benefits to achieve the consent of a
(2) Against a woman who is his wife, former wife, or against a woman
person having control over another person
with whom the person has or had a sexual or dating relationship,
(e) For the purpose of exploitation which includes at a minimum, the
or with whom he has a common child, or against her child whether
exploitation or the prostitution of others or other forms of sexual
legitimate or illegitimale, within or without the family abode;
exploitation, forced labor or services, slavery, servitude or the
(3) Which result in or is likely lo result in physical. sexual,
removal or sale of organs. SEC. 3
psychological harm or suffering, or economic abuse including
The recruitment, transportation, transfer, harboring or receipt of a child
threats of such acts, battery, assault, coercion, harassment or
for the purpose of exploitation shall also be considered as "trafficking
arbitrary deprivation of liberty. SEC. 3{a)
in persons" even if it does not involve any of the means set forth in the
• Physical Violence: Acts that include bodily or physical harm. {Ibid.)
preceding paragraph. {Ibid.)
• Sexual Violence: An act which is sexual in nature, committed
Acts of Trafficking in Persons:
against a woman or her child. {Ibid.)
(a) To recruit, transport, transfer, harbor, or receive a person by any • Psychological Violence: Acts or omissions causing or likely to
means, for the purpose of prostitution, pornography, sexual cause mental or emotional suffering of the victim. It includes causing
exploitation, forced labor, slavery, involuntary servitude or debt or allowing the victim lo witness the physical, sexual or psychological
bcndage; abuse of a member of the family to which the victim belongs, or to
(b) To introduce or match for money, profit, or material, economic or witness pornography in any form or to witness abusive injury to pets
other consideration. any person or any Filipino woman to a foreign or to unlawful or unwanted deprivation of the right to custody and/or
national, for marriage for the purpose of acquiring, buying, offering, visitaUon of common children. rbid.)
selling or trading him/her to engage in prostitution, pornography, • Economic Abuse: refers to acts thal make or attempt to make a
sexual exploitation, forced labor, slavery, involuntary servitude or woman financially dependent:
debt bondage; (1) Withdrawal of financial support or preventing the victim from
engaging in any legitimate profession, occupation, business or

(c) To offer or contract marriage, for the purpose of acquiring, buying,
activity, except in cases wherein the other spouse/partner objects
offering, selling, or trading them to engage in prostitution,
on valid, serious and moral grounds as defined in Article 73 of the
pornography, sexual exploitation, forced labcr or slavery, involuntary
Family Code;
servitude or debt bcndage;
(2) Deprivation or threat of deprivation of financial resources and the
(d) To undertake or organize tours and lravel plans consisting of tourism
right to the use and enjoyment of the conjugal, community or
packages or activities for the purpose of utilizing and offering
property owned in common;
persons for prostilution, pornography or sexual explotation:
(3) Destroying household property;
(e) To maintain or hire a person to engage in prostitution or
(4) Controlling the victims' own money or properties or solely
pornography;
conlrolling the conjugal money or properties. (Ibid.)
(f) To adopt or facilitate the adoption of persons for the purpose of • Battery: An act of inflicting physical harm upon the woman or her
proslilution, pornography, sexual exploitation, forced labcr, slavery, child resulting to the physical or psychological or emotional distress.
involuntary servitude or debt bcndage; SEC. 3(b)
(g) To recruit, hire, adopt, transport or abduct a person, by means of • Battered Woman Syndrome: A scientifically defined pattern of
threat or use of force, fraud, deceit, violence, coercion, or psychological and behavioral symptoms found in women living in
intimidation for the purpose of removal or sale of organs of said battering relationships as a result of cumulative abuse. SEC. 3{c)
person; and Dating relationship: A situation wherein the parties live as husband
(h) To recruit, transport or adopt a child to engage in armed activities in and wife without the benefit of marriage or are romantically involved
the Philippines or abroad. SEC. 4 over time and on a continuing basis during the course of the
• Qualified Trafficking in Persons: relationship. SEC. 3(e)
(a) When the trafficked person is a child; • Note: A casual acquaintance or ordinary socialization between two
individuals in a business or social context is not a dating relationship.

(bl In case the inter-country adoption is for the purpose of prostitution,
(Ibid.)
pornography, sexual exploitation, forced labor, slavery, involuntary
• Children: Those below eighteen (18) years of age or older but are
servitude or debt bcndage;
incapable of taking care of themselves, including the biological
(c) When committed by a syndicate, or in large scale;
children of the victim and other children under her care. SEC. 3(h)
(d) When the offender is an ascendant. parent, sibling, guardian or a
• Acts of Violence Against Women and Their Children:
person who exercises authority over the trafficked person or when
(a) Causing physical harm to the woman or her child;
the offense is committed by a public officer or employee;
(b) Threatening to cause the woman or her child physical harm;
(e) When lhe Iraffkked person is recruited to engage in prostitution with
(c) Attempting to cause the woman or her child physical harm;
any member of the military or law enforcement agencies;
(d) Placing the woman or her child in fear of imminent physical harm;
(ij When the offender is a member of the military or law enforcement
___ agencies; and -------------------------------------
1 7
(e) Attempting to compel or compelling the woman or her child to • 10 grams or more of opium;
engage in conduct which the woman or her child has the right to 10 grams or more of morphine;
desist from or desist from conduct which the woman or her child 10 grams or more of heroin;
has the right to engage in, or attempting to restrict or restricting the

• 10 grams or more of cocaine or cocaine hydrochloride;
woman's or her child's freedom of movemenl or conducl by force or
50 grams or more of methamphelamine hydrochloride or
threat of force, physical or other harm or threat of physical or other
"shabu";
harm, or intimidation directed against the woman or child. SEC. 5
• 10 grams or more of marijuana resin or marijuana resin oil;
• Battered Woman Syndrome as a Defense: Victim-survivors who are
• 500 grams or more of marijuana: and
found by the courts to be suffering from battered woman syndrome do
10 grams or more of other dangerous drugs. SEC. 11
not incur any criminal and civil liability notwithstanding the absence of
C. Use of Dangerous Drugs: A person apprehended or arrested, and
any of the elements for justifying circumstances of self-defense under
found to be positive for use of any dangerous drug, after a
the RPG. SEC. 26
confirmatory test, shall be imposed a penalty of a minimum of 6
In the determination of the stale of mind of the woman who was
months rehabilitation in a government center for lhe first offense.
suffering from battered woman syndrome at the time of the
SEC. 15
commission of the crime, the courts shall be assisted by expert
• If apprehended using any dangerous drug for the second lime,
psychialrists/ psychologists. (Ibid.)
he/she shall suffer the penally of imprisonment ranging from six
» (6) years and one (1 ) day to twelve (12) years and a fine
ranging from P50,000 to P200,000; (Ibid.)

BOUNCING CHECKS LAW (B.P. 22)
Provided, That this Section shall not be applicable where the
• Checks without Sufficient Funds: person tested is also found to have in his/her possession such
(1) Any person who makes or draws and issues any check; quantity of any dangerous drug provided for under Section 11
(2) To apply on account or for value; of this Act, in which case the provisions stated therein shall
(3) Knowing at the time of issue that he does not have sufficient funds apply. (Ibid.)
in or credit with the drawee bank for the payment of such check in 0. Custody and Disposition of Confiscated, Seized, and/or
full upon its presentment; Surrendered Dangerous Drugs: The PDEA shall take charge and
(4) Check is subsequently dishonored by the drawee bank for have custody of all dangerous drugs, plant sources, controlled
insufficiency of funds or would have been dishonored for the same precursors and essential chemicals, as well as paraphernalia or
reason had not the drawer, without any valid reason, ordered the
laboratory equipment so confiscaled or seized for proper disposition
bank to stop payment; in the following manner:
(5) Shall be punished by imprisonment of not less than thirty days but a. The apprehending team having initial custody and control of the
not more than one ( 1) year or by a fine of not less than but not drugs shall immediately conduct a physical inventory and
more than double the amount of the check which fine shall in no
photograph of the same in the presence of the accused, or his/her
case exceed Two Hundred Thousand Pesos, or both such fine and
representative or counsel, a representative from the media and
imprisonment at the discretion of the court.
the Departmenl of Justice (DOJ), and any elected public official
• The same penalty shall be imposed upon any person who, having who shall be required to sign the copies of the inventory and be
sufficient funds in or credil with the drawee bank when he makes or given a copy thereof;
draws and issues a check, b. Within twenty-four (24) hours upon confiscatiorssezure of
Shall fail to keep sufficient funds or to maintain a credit to cover the dangerous drugs as well as instruments/paraphernalia and/or
full amount of the check laboratory equipment, the same shall be submitted lo the PDEA
• If presented within a period of ninety (90) days from the date Forensic Laboratory for a qualitative and quantitative examination;
appearing thereon, for which reason it is dishonored by the drawee c. A certification of the forensic laboratory examination results, shall
bank. be issued within twenty-four (24) hours after the receipt of the
• Where the check is drawn by a corporation. company or entity, the subject ilemls: Provided, That when the quantity of the dangerous
person or persons who actually signed the check in behalf of such is voluminous, a partial laboratory examination report shall be
drawer shall be liable under this Act. SEC. 1 provisionally issued: Provided, however, Thal a final certification
shall be issued on the completed forensic laboratory examination

»
on the same within the next twenty-four (24) hours;
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (R.A.

d. Within seventy-two (72) hours after the filing of the criminal case,
9165, as amended by R.A. 10640) the Court shall conduct an ocular inspection of the confiscated or
A. Sale, Trading, Ad,ninistration, Dispensation, Delivery, seized dangerous drugs, including the paraphernalia and
laboratory equipment, and shall within twenty-four (24) hours

Distribution and Transportation of Dangerous Drugs and/or
Controlled Precursors and Essential Chemicals: The penally of thereafter proceed with the destruction or burning of the same, in
life imprisonment to death and a fine ranging from P500,000 to the presence of the accused or the person/s from whom such
P10,000,000 shall be imposed upon any person, who, unless items were confiscated and/or seized, or his/her representative or
authorized by law, shall sell, trade, administer, dispense, deliver, counsel, a representative from the media and the DOJ, civil
society groups and any elected public official.: Provided, That

give away to another, distribute dispatch in transit or transport any
those item/s of lawful commerce shall be donated, used or

dangerous drug, regardless of the quantity and purity involved, or
recycled for legilimale purposes: Provided, furlher, Thal a

shall act as a broker in any of such transactions. SEC. 5
representative sample, duty weighed and recorded is retained;
B. Possession of Dangerous Drugs: The penally of life imprisonment
e. The Board shall then issue a sworn certification as to the fact of
lo death and a fine ranging from P500,000 to P10,000,000 shall be
destruction or burning of the subject itemls;
imposed upon any person, who, unless authorized by law, shall
f. After promulgation and judgment, the prosecutor shall request the
possess any dangerous drug in the following quantities, regardless
court for leave to turn over the said representative sample/s to the
of the degree of purity thereof:
PDEA for proper disposition and destruclion within 24 hours from
recei I of the same. SEC. 21
))
1 8
1
(6) The penalty of prision mayor in its minimum period shall be imposed
COMPREHENSIVE FIREARMS AND AMMUNITION
in addition to the penalty for the crime punishable under the RPC or
REGULATION ACT (R.A. 10591)
other special laws of which he/she is found guilty. SEC. 29
• Unlawful Acquisition, or Possession of Firearms and Ammunition • If the violation of this Act is in furtherance of, or incident to, or in
(a) Prision Mayor in rls medium period: Upon any person who shall connection with the crime of rebellion of insurrection, or attempted
unlawfully acquire or possess a small arm; coup d' etal, such violation shall be absorbed as an element of the
(b) Prision Mayor in its maximum period: Upon any person who shall crime of rebellion or insurrection. or attempted coup d'etat. (Ibid.}
unlawfully acquire or possess a Class-A light weapon; , If the crime is committed by the person without using the loose
(c) Reclusion Temporal to Reclusion Perpetua: If three (3) or more firearm, the violation of this Act shall be considered as a distinct and
small arms or Class-A light weapons are unlawfully acquired or separate offense. {Ibid.)
possessed by any person;

»
(d) Reclusion Pe,pe/ua: Upon any person who shall, unlawfully
acquire or possess a Class-B light weapon; CYBERCRIME PREVENTION ACT OF 2012
(e) One (1) degree higher than thal provided in pars (a) to (c): Upon (R.A. 10175)
any person who shall unlawfully possess any firearm under any or
Cybercrime Offenses
combination of the following conditions:
Offenses Against the Confidentiality, Integrity and availability of
(1) Loaded wilh ammunition or inserted with a loaded magazine;
Computer Data and Svstems
(2) Fitted or mounted with laser or any gadget used to guide the
(1) //legal Access
shooter to hit the target such as thermal weapon sight (TWS)
(2) /1/egal fnlerception: The interception made by technical means without
and the like;
right of any non-public transmission of computer data to, from, or
(3) Fitted or mounted with sniper scopes, firearm muffler or firearm
within a computer system including electromagnetic emissions from a
silencer,
computer system carrying such computer data.
(4) Accompanied with an extra barrel; and
(3) Dala Interference: The intentional or reckless alteration. damaging,
(5) Converted to be capable of firing full automatic bursts. SEC. 28
deletion or deterioration of computer data, electronic document, or
Prision Mayor in its Minimum Period
electronic data message, without right, including the introduction or
• Any person who shall unlawfully acquire or possess a major transmission of viruses.
part of a small arm; (4) System Interference.
. Any person who shall unlawfully acquire or possess (5) Misuse of Devices.
ammunition for a small arm or Class-A light weapon. (6) Cyber-squafling: The acquisition of a domain name over the internet
• If the violation of this paragraph is committed by the same

in bad faith to profit, mislead, destroy reputation, and deprive others
person charged with the unlawful acquisition or possession from registering the same. SEC 4(a)
of a small arm, the former violation shall be absorbed by Computer-related Offenses
the latter. (Ibid.) (1) Computer-related Forgery
Prision Mayor in its Medium Period (2) Computer-related Fraud
(3) Computer-related Identity Theff: The intentional acqusilion, use,

• Any person who unlawfully acquire or possess major part of
misuse, transfer, possession, alteration or deletion of identifying
Class-A light weapon;
information belonging to another, whether natural or juridical. without
• Any person who shall unlawfully acquire or possess
right: Provided, That if no damage has yet been caused, the penalty
ammunition for Class-A light weapon.
imposable shall be one (1) dearee lower. SEC 4(b)
• If the violation of this paragraph is committed by the same
Content-Related Offenses:
person, the former violation shall be absorbed by the latter.
(1) Cybersex
(Ibid.)
(2) Child Pornography
Prision Mayor in its Maximum Period
(3) Unso(icrled Commercial Communications: The transmission of
Upon any person who shall unlawfully acquire or possess commercial electronic cornmunication with the use of computer
•
a major part of a Class-B light weapon; and system which seek to advertise. sell, or offer for sale products and
. Upon any person who shall unlawfully acquire or possess services are prohibited unless:
ammunition for a Class-8 light weapon. {i) There is prior affirmative consent from the recipient; or
(ii) The primary intent of the communication is for service and/or

• II the violation of this paragraph is committed by the same
administrative announcements rom
f the sender to its existing
person, the former violation shall be absorbed by the
users, subscriber or customers: or
latter. (Ibid.)
(iii) The following conditions are present:
• Use of Loose Firearm in the Commission of a Crime
(a) The commercial electronic communication contains a
(1) The use of a loose firearm shall be considered as an
simple, valid, and reliable way for the recipient to reject.
AGGRAVATING circumstance;
receipt of further commercial electronic messages (opt-out)
(2) When inherent in the commission of a crime punishable under the
from the same source;
RPC or other special laws;
(b) The commercial electronic communication does not
(3) Provided, that if the crime commilled with lhe use of a loose firearm
purposely d isguise the source of the electronic message;
is penalized by the law with a maximum penalty which is lower than
and
that prescribed in the preceding section for illegal possession of
(c) The commercial electronic communication does not
firearm:
purposely include misleading information in any part of the
(4) The penalty for illegal possession of firearm shall be imposed in lieu
message in order to induce the recipients to read t he
of the penalty for the crime charged;
L__________ mess��----------------------------------
(5) Provided, further, that if the crime committed with the use of a loose
firearm is penalized by the law with a maximum penalty which is
equal to that imposed under the preceding section for illegal
possession of firearms:
1 9
(4) libel SEC. 4(c)

NEW ANTI-CARNAPPING ACT OF 2 0 1 6 (R.A. 1 0 88 3)
Other Offenses:
A. Carnapping:
(a) Aiding or Abetting in the Commission of Cybercrime: Any person
(a) The taking of a motor vehicle belonging to another;
who willfully abets or aids in the commission ol any of the
(b) With intent to gain,
offenses enumerated in this Act shall be held liable. SEC. S(a)
(c) Without the latter's consent, or by means ol violence against or
(b) Attempt in the Commission of Cybercrime: Any person who
intimidation of persons, or by using force upon things. SEC. 3
willfully attempts to commit any of the offenses enumerated in this
B. Qualified Carnapping: When the owner, driver, or occupant of the
Act shall be held liable. SEC. S(bJ
camapped motor vehicle is killed or raped in the commission of the
All crimes defined and penalized by the RPG, and special laws. if
camapping.(/bid.)
committed by, through and with the use of infonmation and
• Any person charged with camapping or when the crime of carnapping
communications technologies shall be covered by the relevant
is committed by criminal groups, gangs or syndicates or by means of
provisions ol this Act;
violence or intimidation of any person or persons or force upon things;
Provided, that the penalty to be imposed shall be one (1) degree
or when the owner, driver, passenger or occupant of the carnapped
higher than thal provided for by the RPG, and special laws. SEC. 6)
vehicle is killed or raped in the course of the camapping shall be
)) denied bail when the evidence of guilt is strong.(lb,d)
C. Concealment of Carnapping:
HUMAN SECURITY ACT OF 2007
, Any person who conceals camapping shall be punished with
(R.A. 9372)
imprisonment of six (6) years up to twelve (12) years and a fine equal
Terrorism: Any person who commits an act punishable under any of the to the amount of the acquisfion cost of the motor vehicle, motor
following provisions of the RPG, thereby sowing and creating a condition vehicle engine, or any other part involved in the violation; SEC. 4
of widespread and extraordinary fear and panic among the populace, in , If the offender is a juridical person, the penalty herein provided shall
order to coerce the government to give in lo an unlawful demand shall be be imposed on its president, secretary, and/or members of the board
guilty of the crime of terrorism and shall suffer the penalty ol forty (40) of directors or officers and employees who may have directly
years o( imprisonment. without the benefit of parole as provided lor under participated in the violation.(/bid.)
the Indeterminate Sentence Law.

, Any public official or employee who directly commits the unlawful acts
Piracy in General and Mutiny in the High Seas or in the defined in this Act or is guilty of gross negligence of duty or connives
Philippine Waters; with or permits the commission of any of the said unlawful acts shall,
Rebellion or Insurrection; in addition to the penalty prescribed in the preceding paragraph, be
Coup d' Eta!, including acts committed by private persons; dismissed from the service, and hislher benefits forfeited and shall be
• Murder; penmanently disqualified from holding public office.(lbid.J
Kidnapping and Serious Illegal Detention;

))
, Crimes Involving Destruction,
, The Law on Arson; OBSTRUCTION OF JUSTICE LAW
Toxic Substances and Hazardous and Nuclear Waste Control (P.O. 1829)
Act of 1990;
, Any person who knowingly or willfully obstructs, impedes, frustrates
, Atomic Energy Regulatory and Liability Act ol 1968;
or delays the apprehension of suspects and the investigation and
• Anti-Hijacking Law: prosecution of criminal cases by committing any of the following acts:
, Anti-Piracy and Anti-Highway Robbery Law of 1974; and, (a) Preventing witnesses from testifying in any criminal
, Decree Codifying the Laws on Illegal and Unlawful Possession, proceeding or from reporting the commission of any offense or
Manufacture, Dealing in, Acquisition or Disposition of Firearms, the identity of any offender/s by means of bribery,
Ammunitions or Explosives. SEC. 3 misrepresentation, deceit, intimidation, force or threats;
A. Conspiracy to Commit Terrorism: There is conspiracy when two or (b) Allering, destroying, suppressing or concealing any paper,
more persons come to an agreement concerning the commission of record, document, or objecl, with intent to impair its verity,
the crime of terrorism. sec. 4 authenticity, legibility, availability, or admissibility as evidence
B. Accomplice: Any person who, not being a principal or a conspirator, in any investigation of or official proceedings in, crim n l i a
cooperates in the execution of either the crime of terrorism or ca ses, or lo be used in the in esti
v gati on of, or o cial
ffi
conspiracy to commit terrorism by previous or simultaneous acts. pr ocee din s n, crimina cases;
g i l
SEC. 5 (c) Harboring or concealing, or facilitating the escape of, any
C. Accessory: Any person who, having knowledge of the commission person he knows, or has reasonable ground to be eve
li or
of the crime of terrorism or conspiracy to commit terrorism, and susp ec t, has commi ed an tt y offense under exis ing penal la t s
w
without having participated therein, either as principal or accomplice n order lo pre ent his a
i v rre st, pr os ecution a nd con ic on
v ti ;
takes part subsequent to its commission in any of the following (d) Publicly using a fictitious name for the purpose of concealing a
manner:
crime, e ading prosecution or the execu on of a udgment
v ti j . o r
(a) By profiting himsell or assisting the offender to profit by the concealing h s true
i name and other personal ci rcumstance s
effects of the crime;

for the same purpose or pu rpo ses ;
(b) By concealing or destroying the body of the crime. or the effects. (e) Delaying the prosecution of criminal cases by obstructing the
or instruments thereof, in order to prevent its discove,y; se ce of process or court o

rvi rd ers or distu ing pr
rb oc eed ngs n i i
(c) By harboring, concealing, or assisting in the escape ol the the fscars offices, or in the courts;
principal or conspirator of the crime. SEC. 6 (f) Making, presenting or using any record, document, paper or
, The penalties prescribed for accessories shall not be imposed with object with knowledge of its falsity and with intent to affect the
respect to their spouses, ascendants, descendants, legitimate, course or outcome of the investigation of, or offi iac l
natural, and adopted brothers and sisters, or relatives by affinity proce ed ings n, crimina
i l ca ses ;
within the same degrees, with !he single exception of accessories (g) Soliciting, accepting, or agreeing to accept any benefit in
lalling within the provisions ol subparagraph (a). (Ibid J cons deration of a

i bs ta ning from, d scounting, or
i i impeding the
))
------- p ros e uti n of
c o a crmn l
i i a o ffender ; _
20
----------------------------------------
(h) Threatening directly or indirectly another with the infliction of This provision shall not apply to any person who is related within
any wrong upon his person, honor or property or that of any the fourth degree of consanguinity or affinity or any bond
immediate member or members of his family in order to recognized by law, local custom and tradition or acts in the
prevent such person from appearing in the investigation of, or pertonmance of a social, moral or legal duty.
official proceedings in, criminal cases, or imposing a condition, (c) Any person who shall induce, deliver or offer a minor to any one
whether lawful or unlawful, in order to prevent a person from prohibited by this Act to keep or have in his company a minor as
appearing in the investigation of or in official proceedings in, provided in the preceding paragraph;
criminal cases; , Should the perpetrator be an ascendant, stepparent or guardian of
(i) Giving of false or fabricated information lo mislead or prevent the minor, the penalty shall be prision mayor in its maximum
the law enforcement agencies from apprehending the offender period, a fine of not less than Fifty thousand pesos (PS0,000). and
or from protecting the life or property of the victim; or the loss of parental authority over the minor.
fabricating information from the data gathered in confidence by (d) Any person, owner, manager or one entrusted with the operation
investigating authorities for purposes of background of any public or private place of accommodation, whether for
information and not for publication and publishing or occupancy, food, drink or otherwise. including residential places,
disseminating the same to mislead the investigator or to the , Who allows any person to take along with him to such place or
court. SEC. 1 places any minor herein described shall be imposed a penally of
U) If any of the acts mentioned herein is penalized by any other prision mayor in its medium period and a fine of not less than Fifty
law with a higher penalty, the higher penalty shall be imposed. thousand pesos (PS0,000), and the loss of the license to operate
((bid)
such a place or establishment.
» (e) Any person who shall use, coerce, force or intimidate a street
child or any other child lo;

SPECIAL PROTECTION OF CHILDREN AGAINST ABUSE,
(1) Beg or use begging as a means of living;
EXPLOITATION, AND DISCRIMINATION ACT (R.A. 7610)
(2) Act as conduit or middlemen in drug trafficking or pushing; or
A. Deffnition of Children: (3) Conduct any illegal activities. SEC. 10
(a) Persons below eighteen (18) years of age or

, For purposes of this Act, the penally for the commission of acts for the
(b) Those over but are unable to fully take care of themselves or
crimes of murder, homicide, other intentional mutilation, and serious
protect themselves from abuse, neglect, cruelty, exploitation or
physical injuries, respectively, shall be reclusion perpetua when the
discrimination because of a physical or mental disability or victim is under twelve (12) years of age. (Ibid.)
condition. SEC. 3(a)
The penalty for the commission of crimes of qualified seduction, acts
B. Chifd Prostitution and Other Sexual Abuse: Children, who for
of lasciviousness with the consent of the offended party, corruption of
money, profit, or any other consideration or due to the coercion or
minors, and while slave trade, respectively, shall be one (1) degree
influence of any adult, syndicate or group, indulge in sexual

higher than that imposed by law when the victim is under twelve (12)
intercourse or lascivious conduct, are deemed to be children exploited
years age. (Ibid.)
in prostitution and other sexual abuse.
, The penally of reclusion lemporaf in its medium period lo reclusion
perpetua shall be imposed upon the following:
(a) Those who engage in or promote, facilitate or induce child
prostitution;
(b) Those who commit the act of sexual intercourse of lascivious
conduct with a child exploited in prostitution or subject to other
sexual abuse;
When the victims is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article 335(3) for rape and
Article 336 of the RPC for rape or lascivious conduct, as the case
may be:
Provided, that the penally for lascivious conduct when the victim is
under twelve (12) years of age shall be reclusion lemporal in its
medium period; and
(c) Those who derive profit or advantage therefrom, whether as
manager or owner of the establishment where the prostitution
takes place, or of the sauna, disco, bar, resort, place ol
entertainment or establishment serving as a cover or which
engages in prostitution in addition to the activity for which the
license has been issued to said establishment. SEC. 5
C. Other Acts of Neglect, Abuse, Cruefty or Exploitation and Other
Conditions Prejudicial to the Child's Development
(a) Any person who shall commit any other acls of child abuse,
cruelty or exploitation or to be responsible for other conditions
prejudicial to the child's development not covered by the Revised
Penal Code,
(b) Any person who shall keep or have in his company a minor,
twelve (12) years or under or who in ten (10) years or more his
junior in any public or private place, hotel, motel, beer joint,
discotheque, cabaret, pension house, sauna or massage parlor,
beach and/or other tourist resort or similar places;
21

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. ...

Based on 2 0 1 9 BAR Syllabus

Light arresto menor or a fine not exceeding

Felonies 1'40,000 or both is provided. ART. 9, ART. 25,

(2) Aberratio Ictus, Error in Personae, and Praeter lntentionem

Criminal intent is an element. Intent to commit the crime i

territory. ART. 14, cc

• Principles of Public International Law. /Ibid.) that intended.

wrthin its territory. ART. 2, RPC 13 .

(3) Impossible Crimes (ART. 4, PAR. 2, RPC)

security and the law of nations. ART. 2, RPC;

. Treaties; and (4) Stages of Execution

. Laws of preferential application .

Exceptions to the Exception: commences the commission of a felony

Attempted produce by reason of some cause or

desistance. ART. 6(3), RPC

Frustrated consequence but which, nevertheless, do

---------- -------- -------------

A. Complex Crimes: An offense necessary for committing the other.

Notes: • The evil sought to be avoided actually exists;

BAR BOOSTERS (Based on 2 0 1 9 BAR Syllabus)

ART. 13(2), ART. 80, RPC

47722 (1943) • Passion and obfuscation; ART. 13(6), RPC

ART. 11(6), RPC • Similar or analogous circumstances. ART.13(10), RPC

• Note: An incomplete justifying circumstance of obedience to a Notes:

symptoms, of an offense. People v. Emilio D. Santos. G.R. No. 99259-60 (1996]

Notes: offensder the penalty lower by 1 or 2 degrees than that provided by

• Evidence must still be considered in the context of self-defense.

People vs Genosa G.R. No. 135981 {20041

comparable to that of children between two (2) and seven (7)

Insane: One who is deprived completely of reason or

• Qualifying and aggravating circumstances, which are taken into

insanity will not be appreciated.

6 OF R.A. NO. 9344)

commission of a crime punishable under the RPG or other special

laws - the use of loose firearm ls an aggravating circumstance.

be a qual ifying a ggravating circumstance in the commission of a

m Lawful or Insuperable Cause in the RPG shall be applicable (SECnON 25).

------ prevented� some lawful insu�rable cause. ART.12(7), RPC _ • Those i

... :- As �icevating_ or mit ig?ting, _

conditions attending its commission. • Principals; and

• These include: Accomplices. (Ibid.)

(a) Relationship; (2) Conspiracy and Proposal

(b) Intoxication; and

Conspiracy or combination in restraint of trade. ART. 186, RPG

relative. ART. 332, RP Notes:

There must be a law specially providing a penalty for conspiracy and

RPC • Conspiracy renders all conspirators as co-principals regardless of

the same are open. ART. 280 PAR. 2, RPC

. By Inducement: Those who directly Exceptions to the Exception:

who cooperate in the commission of

• Nol considered as principal; According to nature:

• He cooperates in the execution of the (1) Principal penalties;

design, nor cooperate in the (1) Capital;

commission of the felony; (2) Afflictive;

• Has knowledge of the commission of (3) Correctional; and

the crime; (4) Light

Principals; the date of lhe

_ • _ Accessories. ART. 16, RPC -----------------------------

. Perpelual absolute exceeding

perpetua to 40 years . Civil interdiction for is not less than

. Perpetual absolute Light

absolute Perpetual NIA