Pimentel Notes Criminal-Law-Reviewer PDF

Criminal Law Reviewer 2013
Judge Oscar B. Pimentel
BOOK I 2. Territorial- Penal laws of the Philippines are

enforceable only within its territory.
1. FUNDAMENTAL PRINCIPLES
Exception: ART. 2 of RPC
-Definition of Criminal Law
ART.2- Application of its provisions-- Except as
CRIMINAL LAW- A branch of municipal law which provided in the treaties and laws of preferential
defines crimes, treats of their nature and provides application, the provisions of this code shall be
for their punishment. enforced not only within the Philippine
Archipelago, including its atmosphere, its interior
* January 1, 1932- RPC took effect waters and maritime zone, but also outside of its
jurisdiction, against those who:
MALA IN SE a. Should commit an offense while on a
 The moral trait of offender is considered. Philippine ship or airship
 Good faith is a valid defense b. Should forge or counterfeit any coin or
 Generally, violated laws are RPC currency note of the Philippines or
obligations and the securities issued by
MALA PROHIBITA the Government
c. Should be liable for acts connected
 The moral trait of offender is NOT
with the introduction into these islands
considered.
of the above-mentioned obligations
 Good faith is NOT a defense
and securities
 Violated laws are SPL
d. While being public officers and
employees, should commit an offense
in the exercise of their functions or;
- Characteristics of Criminal Law:
e. Should commit any of the crimes
1. General- binding on all persons who reside or
against national security of the law of
sojourn in the Philippines
the nations
Rules:
Exceptions:
1. Philippine vessel or airship- Philippine law
a. Treaty Stipulation
shall apply to offenses committed in vessels
b. Laws of Preferential Application
registered with the Phlippine Bureau of
Example: Law granting immunity privileges
Customs. It is the registration of the vessel
to:
and not the citizenship of the owner which
i. Sovereigns and other chiefs of state
matters.
ii. Ambassadors, ministers
plenipotentiary, minister resident
2. Foreign vessel
and charges d’ affaires
a. French rule
Except: consuls, vice consuls, and other
foreign commercial representatives
General rule- Crimes committed abroad a
CANNOT claim the privileges and
foreign vessel within the territorial waters of a
immunities accorded to ambassadors and
country are NOT triable in the courts of such
ministers.
country.
c. Principles of Public International Law
Adviser: Judge Oscar B. Pimentel Heads: Gezelyn Banihit, Maximillan Jean Perola, Hanna Clariss Quiambao, 1
Catherine Mae Symaco, Vannessa Anne Viray, Marlon Caisip
Exception: Crime affects the peace and security 1. Liberally construed in favor of offender
of the territory or endangers the safety of the a. The offender must clearly fall within the
state. terms of the law.
b. English rule (observed in the Philippines) b. An act is criminal only when made so by
the statute.
General rule- Crimes committed abroad a 2. In cases of conflict with the official
foreign vessel within the territorial waters of a translation, original Spanish text is
country are triable in the courts of such controlling.
country. 3. No interpretation by analogy.
Exception- when the crime merely affects - Constitutional Limitations

things within the vessel or refers to the internal
management thereof. Limitations on power of Congress to enact Penal
Laws:
1. Ex post facto law
Prospective- Penal laws do not have a retroactive 2. Bill of Attainder
effect. 3. Equal Protection Clause
Exception- When the law is favorable to the 4. Prohibition against cruel and unusual
accused. punishment or excessive fines
Ecx.to the exc.- 5. Due Process
a. the new law is expressly made inapplicable
to pending actions or existing causes of 2. FELONIES
action A. Classification
b. offender is a habitual criminal B. Criminal Liability
C. Impossible Crime
Theories of Criminal Law: (CPM) D. Stages of Execution
E. Conspiracies and Proposals
1. Classical theory- Basis of criminal liability is F. Multiple Offenders
human free will. Emphasis is on the result G. Complex v. Special Complex Crimes
of the crime than upon the criminal. The
purpose is retribution. The RPC is generally A. Classification
governed by this theory.
ART.3- Definitions --- Acts and omissions
2. Positivist theory- Basis is the sum of social punishable by law are felonies (delitos).
and economic phenomena, which Felonies are committed not only by means of
conditions man to do wrong in spite of, or deceit (dolo) but also by means of fault (culpa).
contrary to his volition.
There is deceit when the act is performed with
deliberate intent; and there is fault when the
3. Mixed theory- Combination of the classical wrongful act results from imprudence, negligence,
and positivist theories where crimes that lack of foresight or lack of skill.
are economic and social in nature should be
dealt in a positive manner. The law is thus FELONIES- Acts and omissions punishable by the
more compassionate. Revised Penal Code.
Construction of Penal Laws:
ACT- Any bodily movement tending to produce

some effect in the external world. It must be at Requisites of mistake of fact:
least an overt act of that felony, that is, an external 1. The act done would have been lawful had
act, which has direct connection with the felony, the facts been as the accused believed them
intended to be committed. to be.
2. The intention of the accused in performing
OMISSION- Inaction; the failure to perform a the act should be lawful.
positive duty, which one is bound to do. There must 3. The mistake must be fault or carelessness
be a law required the doing or performance of an on the part of the accused.
act.
“There is an innocent mistake of fact without any
Characteristics of a Felony: fault or carelessness on the part of the accused,
1. There must be an act or omission. because, having no time or opportunity to make any
2. This is punishable by the RPC. further inquiry, and being pressed by circumstances
3. Act was done by means of deceit (dolo) to act immediately, the accused had no alternative
or fault (culpa). but to take the facts as they then appeared to him,
and such facts justified his acts of killing the
diseased.” (US v. Ah Chong, 15 Phil. 488)
NULLUM CRIMEN. NULLA POENA SINE LEGE-
There is no crime when there is no law punishing it. Mistake of fact is not applicable in culpable felonies.
In culpable felony, intent is immaterial, as requisite
Classification of Felonies as to the Means of of intent is replaced by negligence, imprudence, lack
Execution: of foresight or lack of skill.
1. Intentional Felonies- by means of Deceit INTENT-

(dolo)  Purpose is to use a particular means to
Requisites: effect a result
i. freedom  It is an element of crime, except in culpable
ii. intelligence felonies and it is essential in intentional
iii. intent felonies
 In felonies by means of deceit, third
2. Culpable Felonies- by means of fault element of voluntariness is a general intent.
(culpa) MOTIVE-
Requisites:  It is the moving power which impels one to
i. freedom act
ii. intelligence  It is NOT an element of crime
iii. negligence (lack of
foresight) b. Criminal Liability
iv. imprudence (lack of skill)
ART.4- Criminal Liability-Criminal liability shall be
ACCIDENT- With freedom and intelligence, but no incurred:
intent nor negligence or imprudence
1. By any person committing a felony
MISTAKE OF FACT- Misapprehension of fact on the although the wrongful act done be
part of the person who caused injury to another. different from that which he intended.
Such person is not criminally liable.
2. By any person performing an act which

would be an offense against persons or Impossible crimes occurs when:
property, were it not for the inherent 1. inherent impossibility to commit a crime
impossibility of its accomplishment or on 2. inadequate means to consummate the
account of the employment of inadequate crime
or ineffectual means. 3. ineffectual means to consummate the crime
Note:
REQUISITES OF Par. 1: The requisites of an impossible crime are: 1) the act
1. Intentional felony has been committed. performed would be an offense against persons or
2. Wrong done to the other party is direct, property; 2) that the act was done with evil intent;
natural and logical consequence of the and 3) that its accomplishment was inherently
felony. impossible, or the means employed was either
Situations where offender is still criminally liable inadequate or ineffectual. (Jacinto v. People, 592
because of his criminal intent: SCRA 426).
1. Error in personae- mistake in identity
2. Aberratio ictus- mistake in blow ART.5- Duty of the court in connection with acts
3. Praetor intentionem- lack of intent to which, should be repressed but which are not
commit so grave a wrong covered by the law, and in cases of excessive
penalties.-Whenever a court has knowledge of any
* Lack of intention to commit so grave an offense; act which it may deem proper to repress and which
The circumstance that the accused did not intend is not punishable by law, it shall render the proper
so grave an evil as the death of the victim does not decision and shall report to the Chief Executive,
exempt him from criminal liability—since he through the Department of Justice, the reasons
deliberately committed an act prohibited by the which induce the court to believe that said act
law, said condition simply mitigates his guilt in should be made the subject of penal legislation.
accordance with Art. 13 (3) of RPC. (Garcia v. In the same way the court shall submit to the Chief
People, 597 SCRA 392) Executive, through the Department of Justice, such
statement as may be deemed proper, without
PROXIMATE CAUSE- the cause, which in the natural suspending the execution of the sentence, when a
and continuous sequence unbroken by any efficient strict enforcement of the provisions of this Code
intervening cause, produces the injury, without would result in the imposition of a clearly excessive
which the result would not have occurred. penalty, taking into consideration the degree of
malice and the injury caused by the offense.
Par. 2 of Art. 4-
 in case of excessive penalties, this article
c. Impossible crimes may NOT be invoked in acts involving mala
prohibita but only to acts mala in se because
Requisites: the degree of malice is considered.
1. Act would have been an offense against
persons or property. d. Stages of Execution
2. There was criminal intent.
3. Accomplishment is inherently impossible; ART.6- Consummated, frustrated and attempted
or inadequate or ineffectual means are felonies- Consummated felonies as well as those
employed. which are frustrated and attempted, are
4. Act is not at actual violation of another punishable.
provision of the Code or of special law.
A felony is consummated when all the elements 4. Crimes consummated by mere attempt
necessary for its execution and accomplishment (attempt to flee to an enemy country,
are present; and it is frustrated when the offender treason, corruption of minors)
performs all the acts of execution which would 5. Felonies by omission
produce the felony as a consequence but which, 6. Crimes committed by mere agreement
nevertheless, do not produce it by reason of (betting in sports, corruption of public
causes independent of the will of the perpetrator. officers)
There is an attempt when the offender Crimes which do not admit of Frustrated Stage
commences the commission of a felony directly or (RBCAPT)
over acts, and does not perform all the acts of 1.Rape
execution which should produce the felony by 2. Bribery
reason of some cause or accident other than this 3. Corruption of Public Officers
own spontaneous desistance. 4. Adultery
5. Physical Injury
1. Consummated- When all the elements 6. Theft
necessary for its execution and
accomplishment are present. Crimes which do not admit of Attempted Stage
2. Frustrated- 1. Slander
Elements: 2. False testimony
a. Offender performs all acts of
execution. 2 Stages in the Development of a Crime:
b. All these acts would produce 1. internal acts
the felony. - mere ideas of the mind
c. But the felony is NOT produced - not punishable
by reason of caused 2. external acts
independent to the will of the - preparatory acts- not punishable,
perpetrator. except when considered by law as an
3. Attempted- independent crime.
Elements: - Acts of execution- punishable under the
a. Offender commences the Revised Penal Code
felony directly by overt acts.
b. Offender does not perform all ART.7- When light felonies are punishable-Light
acts which would produce the felonies are punishable only when they have been
felony. consummated, with the exception of those
c. Offender did not stop by his committed against persons or property.
own spontaneous desistance.
LIGHT FELONIES are those infractions of law for the
Crimes which do not have Frustrated and commission of which the penalty of arresto menor
Attempted Stages: or a fine not exceeding 200 pesos or both is
1. offenses punishable by SPL, unless the law provided.
provides otherwise.
2. Formal crimes- consummated in one It is only punishable when they have been
instance. (Slander, adultery) consummated. They produce such light, insignificant
3. Impossible crimes moral and material injuries that public conscience is
satisfied with providing a light penalty for their 2. Where the acts of the accused collectively
consummation. and individually demonstrate the existence
of the common design towards the
Exception: Light felonies committed against accomplishment of the same unlawful
persons or property, are punishable even if purpose, conspiracy is evident. (People v.
attempted or frustrated. Sarmiento, 576 SCRA 840).
3. As a rule, conspiracy must be established
e. Conspiracies and Proposals with the same quantum of proof as the
crime itself and must be shown as clearly as
ART.8- Conspiracy and proposal to commit a the commission of the crime. (Cajigas v.
felony- Conspiracy and proposal to commit felony People, 580 SCRA 54).
are punishable only in the cases in which the law
specially provides a penalty therefor. General rule: Conspiracy to commit a felony is not
A conspiracy exists when two or more persons punishable since it is merely a preparatory act.
come to an agreement concerning the commission Exception: When the law specifically provides for a
of a felony and decide to commit it. penalty.
There is proposal when the person who has General rule: The act of one is the act of all.
decided to commit a felony proposes its execution Exception: Unless one or some of the conspirators
to some other person or persons. committed some other crime which is not part of
the intended crime.
Par. 1 CONSPIRACY Exception to the exception: When the act
constitutes an indivisible offense.
Requisites:
1. Two or more persons come to an Par. 2 PORPOSAL TO COMMIT A FELONY
agreement.
2. For the commission of a felony Requisites:
3. They decide to commit it 1. A person has decided to commit a felony
2. Such person proposes its execution to some
Concepts of Conspiracy: other person (s).
1. AS A CRIME IN ITSELF
Ex. Conspiracy to commit rebellion, Overt acts in conspiracy must consist of:
insurrection, treason, sedition,coup d’ etat 1. Active participation in the actual
commission of the crime itself; or
2. MERELY AS MEANS TO COMMIT A CRIME 2. Moral assistance to his co-conspirators by
Requisites: being present during the commission of the
a. A prior express agreement crime, or
b. Participants acted in concert or 3. Exerting a moral ascendance over the other
simultaneously indicative of a meeting co-conspirators by moving them to execute
of the minds towards a common or implement the criminal plan. (People v.
criminal objective. Abut 2003)
Note: only Principals and Accomplices are
Note: liable.
1. Conspiracy to commit a felony is different
from conspiracy as a manner of incurring f. Multiple Offenders
criminal liability.
Forms of Repetition: Importance of classification:

1. Recidivism (par. 9, art 14)- where a person, 1. To determine whether felonies can be
on separate occasions, is convicted of two complexed or not.
offenses embraced in the same title in the 2. To determine the prescription of the crime
RPC. This is generic aggravating and of the penalty.
circumstance.
Penalties and Periods of Imprisonment:
2. Reiteracion or Habituality (par. 10, art. 14)- 1. Grave felonies- afflictive penalties: 6 years
Where the offender has been previously and 1 day to reclusion perpetua
punished for an offense to which the law 2. Less grave felonies- correctional penalties: 1
attaches an equal or greater penalty or for month and 1 day to 6 years
two crimes tow which it attaches a lighter 3. Light felonies- arresto menor- 1 day to 30
penalty. This is a generic aggravating days
circumstance.
3. Multi recidivism or habitual delinquency ART. 10-Offenses not subject to the provisions of
(art. 62 par.5)- Where a person within a this Code. —Offenses which are or in the future
period of ten years from the date of his may be punishable under special laws are not
release or last conviction of the crimes of subject to the provisions of this Code. This Code
serious or less serious physical injuries, shall be supplementary to such laws, unless the
robbery, theft, estafa or falsification is latter should specially provide the contrary.
found guilty of the said crimes a third times
or oftener. This is an extraordinary General rule- RPC provisions are supplementary to
aggravating circumstance. special laws.
4. Quasi recidivism (art.160)- Where a person Exceptions:

commits felony before beginning to serve 1. when special law provides otherwise
or while serving sentence on a pervious 2. when application of RPC is impossible of
conviction for a felony. This is a special application, either by express provision or
aggravating circumstance. by necessary implication.
ART.9- Grave felonies, less grave felonies and light Provisions of RPC applicable to Special Laws:
felonies. — Grave felonies are those to which the - Art. 16 Participation of Accomplices
law attaches the capital punishment or penalties - Art. 22 retroactivity of Penal laws if
which in any of their periods are afflictive, in favorable to the accused
accordance with Art. 25 of this Code. - Art. 45 Confiscation of instruments used
in the crime.
Less grave felonies are those which the law Note: when the special law adopts the penalties
punishes with penalties which in their maximum imposed in the RPC, the provisions of the RPC on
period are correctional, in accordance with the imposition of penalties based on stages of
above-mentioned Article. execution, degree of participation and attendance
of mitigating and aggravating circumstance may be
Light felonies are those infractions of law for the applied by necessary implication.
commission of which a penalty of arrest menor or
a fine not exceeding 200 pesos or both; is g. Complex v. Special Complex Crimes
provided.
Complex crime- although there actually are two or 2. Any one who acts in defense of the person or
more crimes, the law treats them as constituting rights of his spouse, ascendants, descendants, or
only as one- as there is only one criminal intent. legitimate, natural or adopted brothers or sisters,
Only one information need be filed. or his relatives by affinity in the same degrees and
those consanguinity within the fourth civil degree,
2 kinds of complex crimes- provided that the first and second requisites
1. compound crime- single act constituting prescribed in the next preceding circumstance are
two or more grave or less grave felonies. present, and the further requisite, in case the
Requisites: revocation was given by the person attacked, that
a. that only one single act is the one making defense had no part therein.
performed by the offender
b. that the single act produces 3. Anyone who acts in defense of the person or
i. 2 or more grave rights of a stranger, provided that the first and
felonies second requisites mentioned in the first
ii. one or more grave and circumstance of this Art. are present and that the
one or more less grave person defending be not induced by revenge,
felonies resentment, or other evil motive.
iii. 2 or more less grave
felonies 4. Any person who, in order to avoid an evil or
2. complex crime proper- when an offense is injury, does not act which causes damage to
a necessary means for committing another. another, provided that the following requisites are
Requisites: present;
1. that at least 2 offenses are committed
2. that one or some of the offenses must First. That the evil sought to be avoided actually
be necessary to commit the other. exists;
3. That both or all the offenses must be Second. That the injury feared be greater than that
punished under the same statute. done to avoid it;
Third. That there be no other practical and less
3. CIRCUMSTANCES WHICH AFFECT CRIMINAL harmful means of preventing it.
LIABLITIY
5. Any person who acts in the fulfillment of a duty
A. JUSTIFYING/EXEMPTING CIRCUMSTANCES or in the lawful exercise of a right or office.
ART. 11-Justifying Circumstances- The following do 6. Any person who acts in obedience to an order
not incur any criminal liability: issued by a superior for some lawful purpose.
1. Anyone who acts in defense of his person or Justifying circumstances- where the act of a person
rights, provided that the following circumstances is in accordance with law, hence said person is
concur; deemed not to have violated the law.
First. Unlawful aggression. General Rule- No criminal and civil liability incurred.
Second. Reasonable necessity of the means Exception- Civil liability in par. 4 the liability is borne
employed to prevent or repel it by persons benefited by the act.
Third. Lack of sufficient provocation on the part of
the person defending himself. Par. 1 Self- Defense
Elements:
1. Unlawful aggression was justified and that he incurred no

- Indispensable requirement criminal liability therefore. (People v.
- Actual physical assault or aggression or Regalario, 582 SCRA 738).
an immediate and imminent threat is 2. The settled rule in jurisprudence is that
required. when unlawful aggression ceases, the
- The defense must have been made defender no longer has the right to kill or
during the existence of aggression, even wound the former aggressor. (People
otherwise, it is no longer justifying. v. Aleta, 585 SCRA 578).
3. Self-defense, like alibi, is an inherently weak
2. Reasonable necessity of the means employed to defense for it is easy to fabricate—it must
prevent or repel it. be proven by sufficient, satisfactory, and
Test of reasonableness: convincing evidence that excludes any
- Weapon used by aggressor vestige of criminal aggression on the part of
- Physical condition, character, size, and the person invoking it. (People v. Bracia, 602
other circumstances of aggressor. SCRA 351).
- Physical condition, character, size and
circumstances of person defending Par.2 Defense of Relatives
himself Elements:
- Place and occasion of assault. 1. Unlawful aggression( indispensible)
2. Reasonable necessity of the means
3. Lack of sufficient provocation on the part of the employed to prevent or repel it.
person defending himself. 3. In case the provocation was given by the
Note: Perfect equality between the weapons used person attacked, the one making the
or material commensurability between the means defense had no part in such provocation.
of attack and defense by the one defending himself
and that of the aggressor is not required. It is Relative entitled to the defense
because the victim does not have sufficient 1. spouse
opportunity to think and calculate. 2. ascendants
Rights included in Self- Defense: 3. descendants
1. Self-defense of chastity- there must be an 4. legitimate, natural or adopted brothers and
attempt to rape the victim. sisters or relatives by affinity in the same
2. Defense of property- must be coupled with degrees.
an attack on the person of the owner, or on 5. Relatives by consanguinity within the 4th
one entrusted with such property. civil degree.
3. Self-defense in libel-Justified when the libel
is aimed at a person’s good name. Note: the relative defended may be the original
aggressor. To justify the act of the relative
“Stand ground when in the right”-the law does not defending, he must not take part in such
require a person to retreat when his assailant is provocation.
rapidly advancing upon him with a deadly weapon.
Par.3 Defense of a Stranger
Note: Elements:
1. When self-defense is invoked by an accused 1. Unlawful aggression (indispensible)
charged with murder or homicide, he 2. Reasonable necessity of the means
necessarily owns up to the killing but may employed to prevent or repel it.
escape criminal liability by proving that it
3. Person defending be not induced by ART.12- Circumstances which exempt from criminal
revenge, resentment or other evil motive. liability. — The following are exempt from criminal
liability:
Par.4 Avoidance of Greater Evil or Injury
Elements: 1. An imbecile or an insane person, unless the
1. Evil sought to be avoided actually exist. latter has acted during a lucid interval.
2. Injury feared be greater than that done to When the imbecile or an insane person has
avoid it. committed an act which the law defines as a felony
3. No other practical and less harmful means (delito), the court shall order his confinement in
of preventing it. one of the hospitals or asylums established for
Note: the necessity must not be due to the persons thus afflicted, which he shall not be
negligence or violation of any law by the actor. permitted to leave without first obtaining the
permission of the same court.
Par.5 Fulfillment of Duty or Lawful Exercise of
Right or Office 2. A person under nine years of age.
Elements:
1. Accused acted in the performance of duty 3. A person over nine years of age and under
or in the lawful exercise of a right or office. fifteen, unless he has acted with discernment, in
2. Injury caused or offense committed is the which case, such minor shall be proceeded against
necessary consequence of the due in accordance with the provisions of Art. 80 of this
performance of the duty, or the lawful Code.
exercise of such right or office.
When such minor is adjudged to be criminally
Par. 6 Obedience to an Order Issued for Some irresponsible, the court, in conformably with the
Lawful Purpose provisions of this and the preceding paragraph,
Elements: shall commit him to the care and custody of his
1. An order has been issued. family who shall be charged with his surveillance
2. The order has a lawful purpose and not and education otherwise, he shall be committed to
patently illegal. the care of some institution or person mentioned
3. Means used by subordinate to carry out in said Art. 80.
said order is lawful.
4. Any person who, while performing a lawful act
Note: the superior officer giving the order cannot with due care, causes an injury by mere accident
invoke this justifying circumstance. Good faith is without fault or intention of causing it.
material, as the subordinate is not liable for
carrying out an illegal order if he is not aware of its 5. Any person who act under the compulsion of
illegality and he is not negligent. irresistible force.
General rule- Subordinate cannot invoke this 6. Any person who acts under the impulse of an
circumstance when order is patently illegal. uncontrollable fear of an equal or greater injury.
Exception- When there is compulsion of an
irresistible force, or under impulse of 7. Any person who fails to perform an act required
uncontrollable fear. by law, when prevented by some lawful
insuperable cause.
Exempting Circumstances-Grounds for exemption Par. 2 Under Nine Years of Age

from punishment due to absence of any conditions *Repealed by R.A. 9344
in the agent of the crime, which makes the act
voluntary or negligent. R.A. 9344 also known as Juvenile Justice and
Welfare Act, a minor, 15 years and below is exempt
Basis: The complete absence of intelligence, from criminal liability.
freedom of action, or intent, or absence of
negligence on the part of the accused. Child in conflict with the law- refers to a child who
is alleged as, accused of, or adjudged as, having
Burden of proof: any of the circumstances is a committed an offense under Philippine laws.
matter of defense and must be proved by the
defendant. Par. 3 Person Over 9 and under 15 Acting Without
Discernment
Par. 1 Imbecility or Insanity *Repealed by R.A.9344
IMBECILE- One who, while advanced in age has a R.A.9344- A minor over 15 but below 18 who acted
mental development comparable to that of children without discernment is exempt from criminal
between 2 and 7 years old. He is exempt in all cases liability. If such minor acted with discernment, he is
from criminal liability. criminally liable.
INSANE- One who acts with complete deprivation DISCERNMENT- Mental capacity to fully appreciate
of intelligence/ reason or without the least the consequences of the unlawful act, which is
discernment or with total deprivation of free will. shown by the:
This does not include mere abnormality of the 1. Manner the crime was committed and
mental faculties. 2. Conduct of the offender after its
commission.
General Rule- Exempt from criminal liability.
Exception- The act was done during a lucid interval. Presumption: The minor committed the crime
without discernment.
Note- Presumption of sanity: Defense must prove
that the accused was insane at the time of the Age:
commission of the crime. 15 and below: Absolute irresponsibility, exempting
circumstance.
A person accused of a crime who pleads the
exempting circumstance of insanity has the burden Over 15 and below 18:
of proving beyond reasonable doubt that he or she With discernment- criminally liable
was insane immediately before or at the moment Without discernment- exempting circumstance; not
the crime was committed; insanity exists when criminally liable
there is a complete deprivation of intelligence while Minor delinquent- Sentence is suspended.
committing the act; i.e., when the accused is
deprived of reason, he acts without the least 18 and above to 70: full responsibility
discernment because there is a complete absence
of power to discern, or there is total deprivation of 70 and above: Mitigated responsibility, no
freedom of the will. (People v. Domingo, 580 SCRA imposition of death penalty, execution of death
436) sentence may be suspended and commuted.
Par. 4 Accident Without Fault or Intention of

Causing it Par.7 Prevented by an Insuperable Cause
Elements: INSUPERABLE CAUSE- Some motive, which has

1. A person is performing a lawful act. lawfully, morally or physically prevented a person to
2. With due care do what the law commands.
3. He causes injury to another by mere
accident. Elements:
4. Without fault or intention of causing it. 1. An act is required by law to be done.
2. A person fails to perform such an act.
Par.5 Irresistible Force 3. His failure to perform such act was due to
some lawful or insuperable cause.
IRRESISTIBLE FORCE- Offender uses violence or
physical force to compel another to commit a Examples:
crime. 1. A priest cannot be compelled to reveal what
was confessed to him.
Elements: 2. An officer is not liable for arbitrary
1. The compulsion is by means of physical detention for failure to deliver a prison to a
force. judicial authority when there was no
2. The physical force must be irresistible. available transportation.
3. The physical force must come from a third
person. ABSOLUTORY CAUSES- Where the act committed is
Note: Force must be irresistible so as to reduce the a crime but for some reason of public policy and
individual to a mere instrument. sentiment, there is no penalty imposed. Exempting
and justifying circumstances are absolutory causes.
Par. 6 Uncontrollable Fear
Examples:
UNCONTROLLABLE FEAR- offender employs 1. Spontaneous desistance
intimidation or threat in compelling another to 2. Accessories exempt from criminal liability.
commit a crime. 3. Death or physical injuries inflicted under
exceptional circumstances.
Elements: 4. Persons exempt from criminal liability from
1. The threat, which causes fear, is of an evil theft, swindling and malicious mischief.
greater than, or at least equal to, that 5. Instigation
which he is required to commit. 6. Marriage
2. It promises an evil of such gravity and 7. Pardon by offended party prior to
imminence that an ordinary man would institution of criminal action.
have succumbed to it.
Note: Duress to be a valid defense should be based Note: Entrapment is not an absolutory cause.
on real, imminent, or reasonable fear for one’s life
or limb. It should not be inspired by speculative, Entrapment
fanciful or remote fear. A threat of future injury is - The ways and means are resorted to for
not enough. the purpose of trapping and capturing
the lawbreaker in the execution of his
Actus me invito factus non est meus actus- any act criminal plan.
done by me against my will is not my act.
- NOT a bar to accused’s prosecution and the court prior to the presentation of the evidence
conviction. for the prosecution;
- -NOT an absolutory cause.
8. That the offender is deaf and dumb, blind or
Instigation otherwise suffering some physical defect which
- Instigator practically induces the would- thus restricts his means of action, defense, or
be accused into the commission of the communications with his fellow beings.
offense and himself becomes a co-
principal. 9. Such illness of the offender as would diminish
- Accused will be acquitted. the exercise of the will-power of the offender
- Absolutory cause. without however depriving him of the
consciousness of his acts.
B. MITIGATING/AGGRAVATING CIRCUMSTANCES
10. And, finally, any other circumstances of a
ART. 13- Mitigating circumstances — The following similar nature and analogous to those above
are mitigating circumstances; mentioned.
1. Those mentioned in the preceding chapter,
when all the requisites necessary to justify or to MITIGATING CIRCUMSTANCES- Those which, if
exempt from criminal liability in the respective present in the commission of the crime, reduces the
cases are not attendant. penalty of the crime but does not erase criminal
liability nor change the nature of the crime.
2. That the offender is under eighteen year of age
or over seventy years. In the case of the minor, he Privileged Mitigating-
shall be proceeded against in accordance with the - Cannot be offset by any aggravating
provisions of Art. 80. circumstance
- The effect of penalty is the imposition of
3. That the offender had no intention to commit so penalty by 1 or 2 degrees lower than
grave a wrong as that committed. that provided by law.
- Kinds
4. That sufficient provocation or threat on the part o Minority
of the offended party immediately preceded the o Incomplete self-defense
act. o Two or more mitigating
circumstances without aggravating
5. That the act was committed in the immediate circumstance
vindication of a grave offense to the one o Art. 64,68 and 69.
committing the felony, his spouse, ascendants, or
relatives by affinity within the same degrees. Ordinary Mitigating-
- Can be offset by generic aggravating
6. That of having acted upon an impulse so circumstance.
powerful as naturally to have produced passion or - Effect of penalty, if not offset,
obfuscation. imposition of the minimum period of
the penalty.
7. That the offender had voluntarily surrendered - Kinds: Par. 1-10 of Art. 13
himself to a person in authority or his agents, or
that he had voluntarily confessed his guilt before Par. 1 Incomplete Justifying or Exempting
Circumstances
It is also not applicable to felonies by negligence

Note: This applies when not all the requisites are because in this case, the offender acts without
present. If 2 requisites are present, it is a privileged intent. The offender has no intent, which may be
mitigating circumstance. considered as diminished.
Except: Par. 4 Provocation or Threat
1. Art. 11 (4) if any of the last two
requisites is absent, there is only an Provocation- Any unjust or improper conduct of act
ordinary mitigating circumstance. of the offended party, capable of exciting, inciting or
2. Indispensable requirement in self- irritating anyone.
defense, defense of relative or
stranger: unlawful aggression must Requisites:
always be present. 1. Provocation must be sufficient
2. It must originate from the offended party.
Note: A mitigating circumstance arising from a 3. It must be immediate to the commission of
single fact absorbs all the other mitigating the crime by the person who is provoked.
circumstances arising from that same fact.
Provocation
Par. 2 Under 18 or over 70 years old - Made directly only to the person
committing the felony.
Note: Age of accused is determined by his age at - Cause that brought about the
the date of commission of crime, not date of trial. provocation need not be a grave
offense.
Par. 3 No Intention to Commit so Grave a Wrong - It is necessary that provocation or
threat immediately preceded the act.
Note: Applicable only when the facts show that No time interval.
there is a notable and evident disproportion
between the means employed to execute the Vindication
criminal act and its consequences. - Grave offense may be also against the
offender’s relatives mentioned by law.
Factors that can be considered are: - Offended party must have done a grave
1. Weapon used offense to the offender or his relatives.
2. Injury inflicted - May be proximate. Time interval
3. Part of the body injured allowed.
4. Mindset of offender at the time of
commission of crime Note: Threat should not be offensive and positively
This provision is based on the intention of the strong. Otherwise, it would be unlawful aggression,
offender at the particular moment when the which may give rise to self-defense and thus no
offender executes or commits the criminal act, not longer a mitigating circumstance.
to his intention during the planning stage.
Par. 5 Vindication of a Grave Offense
Note: In crimes against persons—if victim does not Requisites:
die, the absence of the intent to kill reduces the 1. A grave offense done to the one committing
felony to mere physical injuries. It is not considered the felony, his spouse, ascendants,
as mitigating. It is mitigating only when the victim descendants, legitimate, natural or adopted
dies. brothers or sisters or relatives by affinity
within the same degree.
2. Felony is committed in immediate Passion and obfuscation:

vindication of such grave offense. - Produced by an impulse which may be
3. caused by provocation
Note: “Immediate” allows for a lapse of time, as - It is an offense, which engenders
long as the offender is still suffering from the perturbation of mind, need not be
mental agony brought about by the offense to him. immediate. It is only required that the
influence thereof lasts until the crime is
Par. 6 Passion or Obfuscation committed.
Requisites: - Effect is loss of reason and self-control
1. Offender acted upon an impulse. on the part of the offender.
2. The impulse must be so powerful that it
naturally produced passion or obfuscation Provocation:
in him. - Comes from the injured party
Note: Act must have been committed not in the - Immediately precede the commission of
spirit of lawlessness or revenge; act must come the crime
from lawful sentiments. - Effect is loss of reason and self-control
on the part of the offender.
Acts which give rise to passion and obfuscation:
1. That there be an act, both unlawful and Par. 7 Surrender and Confession of Guilt
unjust.
2. The act be sufficient to produce a condition Voluntary Surrender
of mind. Requisites:
3. That the act was proximate to the criminal 1. Offender is not actually arrested.
act, not admitting of time during which the 2. Offender surrendered to person in
perpetrator might recover his normal authority.
equanimity. 3. Surrender was voluntary.
4. The victim must be the one who caused the
passion or obfuscation. Voluntary Plea of Guilt
Note: Passion and Obfuscation cannot co-exist with Requisites:
treachery because the offender had time to ponder 1. Offender spontaneously confessed his guilt.
his course of action. 2. Confession was made in open court or
before the competent court that is to try
Passion and Obfuscation v. Irresistible Force the case.
Passion and Obfuscation: 3. Confession of guilt was made prior to the
- Mitigating circumstance presentation of evidence for the
- No physical force needed prosecution.
- From the offender himself Note: If both are present, considered as two
- Must come from lawful sentiments independent mitigating circumstances.
Irresistible Force: When surrender is voluntary:

- Exemption circumstance It must be spontaneous, showing the intent of the
- Requires physical force accused to submit himself unconditionally to the
- Must come from a third person authorities, either because:
- Unlawful act 1. he acknowledges his guilt; or
Passion and obfuscation v. Provocation
2. he wishes to save them the trouble and accused. (People v. Montesclaros, 589 SCRA
expense necessarily incurred to his search 320)
and capture.
Note: Par. 10 Similar and Analogous Cases
1. Plea made after arraignment and after trial Examples:
has begun does not entitle accused to the 1. Defendant who is 60 yrs. Old with failing
mitigating circumstance. eyesight is similar to a case of one over 70
2. If accused pleaded guilty, even if during years old.
arraignment, he is entitled to mitigating 2. Outraged feeling of owner of animal taken
circumstance as long as he withdraws his for ransom is analogous to vindication of a
plea of not guilty to the charge before the grave offense.
fiscal could present his evidence. 3. Impulse jealousy feeling, similar to passion
3. Plea to a lesser charge is nota mitigating and obfuscation
circumstance because the plea of guilt was 4. Voluntary restitution of property, similar to
not to the offense charged. voluntary surrender
4. Plea to the offense charged in the amended 5. Extreme poverty, similar to incomplete
information, lesser than that charged in the justification based on state of necessity.
original information is a mitigating
circumstance. ART. 14- Aggravating circumstances. - The
5. The essence of voluntary surrender is following are aggravating circumstances:
spontaneity and the intent of the accused
to give himself up and submit himself to the 1. That advantage be taken by the offender of his
authorities either because he acknowledges public position.
his guilt or he wishes to save the authorities
the trouble and expense that may be 2. That the crime be committed in contempt or
incurred for his search and capture. (De with insult to the public authorities.
Vera v. De Vera, 584 SCRA 506).
3. That the act be committed with insult or in
Par. 8 Physical Defect of the Offender disregard of the respect due the offended party on
Note: account of his rank, age, or sex, or that is be
1. Offender is deaf and dumb, blind or committed in the dwelling of the offended party, if
otherwise suffering from some physical the latter has not given provocation.
defect, restricting his means of action,
defense or communication with others. 4. That the act be committed with abuse of
confidence or obvious ungratefulness.
Par.9 Illness of the offender
Requisites: 5. That the crime be committed in the palace of the
1. The illness of the offender must diminish Chief Executive or in his presence, or where public
the exercise of his will-power. authorities are engaged in the discharge of their
2. Such illness should not deprive the offender duties, or in a place dedicated to religious worship.
of consciousness of his acts.
6. That the crime be committed in the nighttime, or
 Schizophrenia may be considered in an uninhabited place, or by a band, whenever
mitigating under Art. 13 (9) if it diminishes such circumstances may facilitate the commission
the exercise of the willpower of the of the offense.
Whenever more than three armed malefactors which tend directly and specially to insure its
shall have acted together in the commission of an execution, without risk to himself arising from the
offense, it shall be deemed to have been defense which the offended party might make.
committed by a band.
17. That means be employed or circumstances
7. That the crime be committed on the occasion of brought about which add ignominy to the natural
a conflagration, shipwreck, earthquake, epidemic effects of the act.
or other calamity or misfortune.
18. That the crime be committed after an unlawful
8. That the crime be committed with the aid of entry.
armed men or persons who insure or afford
impunity. There is an unlawful entry when an entrance of a
crime a wall, roof, floor, door, or window be
9. That the accused is a recidivist. broken.
A recidivist is one who, at the time of his trial for 20. That the crime be committed with the aid of
one crime, shall have been previously convicted by persons under fifteen years of age or by means of
final judgment of another crime embraced in the motor vehicles, motorized watercraft, airships, or
same title of this Code. other similar means. (As amended by RA 5438).
10. That the offender has been previously 21. That the wrong done in the commission of the
punished by an offense to which the law attaches crime be deliberately augmented by causing other
an equal or greater penalty or for two or more wrong not necessary for its commissions.
crimes to which it attaches a lighter penalty.
AGGRAVATING CIRCUMSTANCES- Those which, if
11. That the crime be committed in consideration attendant tin the commission of the crime, serve to
of a price, reward, or promise. increase the penalty imposed in its maximum period
provided by law for the offense or those that change
12. That the crime be committed by means of the nature of the crime.
inundation, fire, poison, explosion, stranding of a
vessel or international damage thereto, BASIS: The greater perversity of the offender
derailment of a locomotive, or by the use of any manifested in the commission of the felony as
other artifice involving great waste and ruin. shown by:
13. That the act be committed with evidence 1. the motivating power itself,
premeditation. 2. the place of the commission
3. the means and ways employed
14. That the craft, fraud or disguise be employed. 4. the time; or
5. the personal circumstances of the offender,
15. That advantage be taken of superior strength, or the offended party.
or means be employed to weaken the defense.
Kinds of aggravating circumstances:
16. That the act be committed with treachery 1. Generic- applies to all crimes.
(alevosia). 2. Specific- Applies only to specific crimes.
There is treachery when the offender commits any 3. Qualifying- Changes the nature of the
of the crimes against the person, employing crime.
means, methods, or forms in the execution thereof
4. Inherent- accompanies by necessity the 4. The circumstances which consist:

commission of the crime, thus not a) in the material execution of the act, or
considered in increasing the penalty. b) in the means employed to accomplish it,
- shall serve to aggravate the liability of
Generic: only those persons who had knowledge
- When not set off by any mitigating of them at the time of the execution of
circumstance, increases the penalty to the act or their cooperation therein.
the maximum period but without EXCEPT when there is proof of
exceeding the limit prescribed by law. conspiracy.
- Must be alleged in the information. 5. Aggravating circumstances, regardless of
- May be offset by a mitigating kind, should be specifically alleged in the
circumstance. information and proved as fully as the crime
Qualifying: itself in order to increase the penalty.
- Gives the crime its proper and exclusive 6. When there is more than one qualifying
name and places the author of the aggravating circumstance present, one of
crime in such a situation as to deserve them will be appreciated as qualifying
no other penalty than that specifically aggravating while the others will be
prescribed by law for said crimes. considered as generic aggravating.
- Must be alleged in the information.
- Cannot be offset by any mitigating Par.1 That advantage be taken by the offender of
circumstance. his public position
Rules on Aggravating Circumstances Requisites:

1. Aggravating circumstances shall NOT be 1. Offender is a public officer.
appreciated if: 2. Offender must use the influence, prestige,
a) They constitute a crime specially or ascendancy, which his office gives him as
punishable by law, or means to realize criminal purpose.
b) It is included by the law in defining a Note:
crime with a penalty prescribed. 1. it is not an aggravating circumstance where
Ex: Art. 14 par. 12 is in itself a crime of taking advantage of official position is made
arson or a crime involving destruction. by law an integral element of the crime or
2. Same rule shall apply with respect to any inherent to the offense. Ex. Malversation,
aggravating circumstance inherent in the falsification of documents
crime to such a degree that it must of 2. Taking advantage of a public position is also
necessity accompany the commission inherent in the case of accessories under
thereof. Art. 19, par.3 and in crimes committed by
3. Aggravating circumstances which arise: public officers
a) from the moral attributes of the
offender; Par.2 That the crime be committed in contempt of
b) from his private relations with the our with insult to public authorities
offended party;
c) from any personal cause Requisites:
- shall only serve to aggravate the 1. that the public authority is engaged in the
liability of the principals, accomplices exercise of his functions.
and accessories to whom such 2. That such public authority is not the person
circumstances are attendant. against whom the crime is committed.
3. The offender knows him to be a public RANK- the designation or title of distinction used to
authority. fix the relative position of the offended party in
4. His presence has not prevented the reference to others.
offender from committing the criminal act. AGE- may refer to old age or the tender age of the
Person in authority- public authority or person who victim.
is directly vested with jurisdiction and has the SEX-refers to the female sex, not the male sex.
power to govern and execute the laws
Ex. Governor, mayor, barangay captain, chairman, The ACT of disregard of rank, age, or sex is not
councilors, government agents, and chief of police applicable in the following cases:
1. When the offender acted with passion and
Note: obfuscation.
1. A teacher or professor of a public or 2. When there exists a relationship between
recognized private school is not a “Public the offended party and the offender.
authority” within the contemplation of this 3. When the condition of being a woman is
paragraph. While he is a person in authority indispensable in the commission of the
under Art 152, the status is only for crime.
purposes of Art. 148 and 152. Ex. Abduction and Seduction
2. If crime was committed against the public
authority, it constitutes direct assault under Disregard of sex and age is not absorbed in
Art. 148. treachery because treachery refers to the manner of
3. This is NOT applicable when committed in the commission of the crime while disregard of sex
the presence of a mere agent. and age pertains to the relationship of the victim to
the accused. (People v. Lapaz 1989)
Agent—Subordinate public officer charged with the
maintenance of public order and protection and DWELLING—Must be a building or structure
security of life and property. exclusively used for rest and comfort; a combination
Ex. Barrio vice lieutenant, barrio councilman of house and store is not included, it includes
dependencies, the foot of the staircase and the
Par.3 That the act be committed: enclosure under the house.
1.with insult or in disregard of the respect due to
the offended party on account of his rank, age or Note:
sex or 1. Aggravating circumstance of dwelling
2. that it be committed in the dwelling of the requires that the crime be wholly or partly
offended party, if the latter has not given committed therein.
provocation 2. Dwelling does not mean the permanent
Rules regarding par. 3 (1): residence or domicile of the offended party
1. These circumstances shall only be or that he must be the owner thereof. He
considered as one aggravating must be actually living therein even for a
circumstance. temporary duration or purpose such as a
2. Rank, age, sex may be taken into account guest.
only in crimes against persons or honor, not 3. It is not necessary that the accused should
crimes against property. have actually entered the dwelling of the
3. In the commission of the crime, the victim; it is enough that the victim was
offender must have deliberately intended attacked inside his house, although the
to offend or insult the sex, age and rank of assailant may have devised means to
the offended party. perpetrate the assault from without.
5. The victim is not a dweller of the house.

Bases for aggravating circumstance of dwelling:
1. The abuse of confidence which the Par. 4 That the act be committed with:
offended party reposed in the offender by 1) abuse of confidence or
opening the door to him; or 2) obvious ungratefulness
2. The violation of the sanctity of the home by
trespassing therein with violence or against Note:
the will of the owner. 1. There are 2 aggravating circumstances
present under par.4, which must be
The provocation must be: independently appreciated if present in the
1. given by the owner of the dwelling. same case.
2. Sufficient and 2. Abuse of confidence requires a special
3. Immediate to the commission of the crime. confidential relationship between the
Note: If all these conditions are present, the fact offender and the victim while this is not
that the crime is committed in the dwelling of the required for there to be obvious
offended party is NOT an aggravating circumstance. ungratefulness.
Reason: When it is the offended party who has
provoked the incident, he loses his right to the Requisites of Abuse of Confidence:
respect and consideration due him in his own 1. That the offended party had trusted the
house. offender.
2. That the offender abused such trust by
DWELLING IS NOT AGGRAVATING IN THE committing a crime against the offended
FF.CASES: party.
3. That the abuse of confidence facilitated the
1. When both the offender and the offended commission of the crime.
party are occupants of the same house. Note: Abuse of confidence is inherent in
Exception: In case of adultery in the malversation, estafa by conversion or
conjugal dwelling. The same is aggravating. misappropriation.
However, if the paramour also dwells in the
conjugal dwelling, the applicable Requisites of Obvious Ungratefulness:
aggravating circumstance would be abuse 1. that the offended party had trusted the
of confidence. offender;
2. When robbery is committed by the use of 2. that the offender abused such trust by
force upon things, dwelling is not committing a crime against the offended
aggravating because it is inherent. party.
Exception: dwelling is aggravating in 3. That the act be committed with obvious
robbery with violence against or ungratefulness.
intimidation of persons because this class
of robbery can be committed without the Note: The ungratefulness contemplated by par.4
necessity of trespassing of the offended must be such clear and manifest ingratitude on the
party’s house. part of the accused.
3. In the crime of trespass to dwelling, it is
inherent or included by law in defining the Par.5 That the crime be committed in the palace of
crime. the Chief Executive, or in his presence, or where
4. When the owner of the dwelling gave public authorities are engaged in the discharge of
sufficient and immediate provocation.
their duties or in a place dedicated to religious 2. in an uninhabited place, or

worship. 3. by a band,
whenever such circumstance may facilitate
the commission of the offense
Par. 5 v. Par. 2 of Art.14
Par.5- Note: When these three are present in the same
- public authorities are in the case and their elements can subsist independently,
performance of their duties. they shall be considered separately.
- public duty is performed in their office
- offended party may or may not be the When Nighttime, Uninhabited place or Band is
public authority aggravating:
Par. 2- 1. When it facilitated the commission of the
- public authorites are in the crime; or
performance of their duties. 2. When especially sought for by the offender
- Public duty is performed outside of to insure the commission of the crime or for
their office. the purpose of impunity; or
- Offended party should be the public 3. When the offender took advantage thereof
authority. for the purpose of impunity.
Note: actual performance of duties is not necessary
when crime is committed in the palace or in the NIGHTTIME (obscuridad)- That period of darkness
presence of the Chief Executive. beginning at the end of dusk and ending at a dawn.
Note:
Requisites regarding Public Authorities: 1. commission of the crime must begin and be
1. Crime occurred in the public office. accomplished in the nighttime.
2. Public authorities are actually performing 2. When the place of the crime is illuminated
their public duties. by light, nighttime is not aggravating.
3. Nighttime is not especially sought for when
Requisites in place dedicated to religious worship: the notion to commit the crime was
1. the crime occurred in a place dedicated to conceived of shortly before commission or
the worship of god regardless of religion. when crime was committed at night upon a
2. The offender must have decided to commit casual encounter.
the crime when he entered the lace of 4. However, nighttime need not be specifically
worship. sought for when 1. It facilitated the
Note: except for public authorities engaged in the commission of the offense or 2 the offender
discharge of their duties which requires that official took advantage of the same to commit the
functions are being performed at the time of the crime.
commission of the crime, the other places 5. A bare statement that crime was committed
mentioned are aggravating per se even if no official at night is insufficient. The information must
duties or acts of religious worship are being allege that nighttime was sought for or
conducted there. taken advantage of, or that it facilitated the
crime.
Cemeteries re not considered as place dedicated to 6. The trial and appellate courts found the
the worship of God. deliberate employment of high-powered
guns and nocturnity to have obviated any
Par. 6 That the crime be committed opportunity for the victim to defend
1. in the nighttime, or himself, hence their appreciation of the
presence of treachery which absorbed the Par. 7 That the crime be committed on the
circumstance of abuse of superior occasion of a conflagration, shipwreck, earthquake,
strength—the trial and appellate courts epidemic or other calamity or misfortune
thus found appellant guilty beyond
reasonable doubt of Murder qualified by Requisites:
treachery and aggravated by evident 1. The crime was committed when there was a
premeditation. (People v. Rolida, 580 SCRA calamity or misfortune.
594) 2. The offender took advantage of the state of
confusion or chaotic condition from such
General rule- nighttime is absorbed in treachery misfortune.
Exception- Where both the treacherous mode of Note: this will not apply if the offender was
attack and nocturnity were deliberately decided PROVOKED by the offended party during the
upon in the same case. calamity/misfortune.
UNINHABITED PLACE (Despoblado)- one where Par. 8 That the crime be committed with the aid of
there are no houses at all, or a place at a 1. armed men or
considerable distance from town, where the houses 2. persons who insure of afford impunity
are scattered at a great distance from each other.
Requisites:
1. That armed men or persons took part in the
Note: commission of the crime, directly or
1. Solitude must be sought for to better attain indirectly.
the criminal purpose. 2. That the accused availed himself of their aid
2. What should be considered is whether in or relied upon them when the crime was
the place of the commission of the offense, committed.
there was a reasonable possibility of the
victim receiving some help. PAR. 6 v. PAR 8 OF ART. 14
BAND (En Cuadrilla)- whenever there are more Par. 6-
than 3 (4 or more) armed malefactors that shall - Number of armed men- 4 or more
have acted together in the commission of an - As to their action- shall have acted
offense. together in the commission of an
offense.
Note: Par. 8-
1. There must be 4 or more armed men. - Number of armed men- at least 2
2. If one of the four armed malefactors is a - As to their action- circumstance is
principal by inducement, they do not form a present even if one of the offenders
band because he had no direct merely relied on their aid, for actual aid
participation. is not necessary.
3. “by a band” is aggravating in crimes against Note: the aggravating circumstance requires that
property or against persons or in the crime the armed men are accomplices who take part in a
of illegal detention or treason but does not minor capacity directly or indirectly, and not when
apply to crimes against chastity. they were merely present at the crime scene.
4. This is inherent in brigandage. Neither should they constitute a band, for then the
5. This is absorbed in the circumstance of proper aggravating circumstance would be cuadrilla.
abuse or other strength.
When this aggravating circumstance shall not Exception: if the accused does not object and when
apply: he admits in his confession and on the witness
1. When both the offender and the offended stand.
party were equally armed.
2. When the accused and those who Note:
cooperated with him in the commission of 1. What is controlling is the time of the trial
the crime acted under the same plan and not the time of the commission of the
for the same purpose. offense.
3. When the others were only casually present 2. Recidivism must be taken into account no
and the offender did not avail himself of matter how many years have intervened
any of their aid or when he did not between the first and second felonies.
knowingly count upon their assistance in 3. Amnesty extinguishes the penalty and its
the commission of the crime. effects.
Note: If there are four armed men, aid of armed 4. Pardon does not obliterate the fact that the
men is absorbed in employment of a band. If there accused was a recidivist. Thus, even if the
are three armed men or less, aid of armed men may accused was granted a pardon for the first
be the aggravating circumstance. offense, but he commits another felony
embraced in the same title of the code, the
Par.9 That the accused is a Recidivist first conviction is still counted to make him
a recidivist.
RECIDIVST- One who at the time of his trial for one 5. Being an ordinary aggravating circumstance,
crime, shall have been previously convicted by final recidivism affects only the periods of a
judgment of another crime embraced in the same penalty, except in prostitution and gambling
title of the RPC. wherein recidivism increases the penalties
by degrees. No other generic aggravating
Requisites: circumstance produces this effect.
1. That the offender is on trial for an offense. 6. It is sufficient that the succeeding offense
2. That he was previously convicted by final be committed after the commission of the
judgment of another crime. preceding offense provided that at the time
3. That both the first and the second offences of his trial for the second offense, the
are embraced in the same title of the code. accused had already been convicted of the
4. That the offender is convicted of a new first offense.
offense. 7. If both offenses were committed on the
same date, they shall be considered as only
Meaning of “ at the time of his trial for one crime” one; hence, they cannot be separately
It is employed in its general sense, including the counted in order to constitute recidivism.
rendering of the judgment. It is meant to include 8. Judgments of convicted handed down on
everything that is done in the course of the trial, for the same day shall be considered as only
arraignment until after sentence is announced by one conviction.
the judge in open court. Reason: because RPC requires that
to be considered as separate
General rule: to prove recidivism, it is necessary to convictions, at the time of his trial
allege the same in the information and to attach for one crime, the accused shall
thereto certified copy of the sentences rendered have been previously convicted by
against the accused. final judgment of the other.
penalty. This is a generic aggravating

Habituality v. Recidivism circumstance.
Habituality:
As to the first offense- it is necessary that the 3. Multi recidivism or habitual delinquency
offender shall have served out his sentence for the (art. 62 par.5)- Where a person within a
first offense. period of ten years from the date of his
As to the kind of offenses involved- The previous release or last conviction of the crimes of
and subsequent offenses must not be embraced in serious or less serious physical injuries,
the same title of the code. robbery, theft, estafa or falsification is
found guilty of the said crimes a third times
Recidivism: or oftener. This is an extraordinary
As to the first offense- it is enough that a final aggravating circumstance.
judgment has been rendered in the first offense.
As to kind of offenses involved- Requires that the 4. Quasi recidivism (art.160)- Where a person
offenses be included in the same title of the Code. commits felony before beginning to serve or
while serving sentence on a pervious
Par.10 That the offender has been previously conviction for a felony. This is a special
punished for an offense to which the law attaches aggravating circumstance.
an equal or greater penalty or for two or more
crimes to which it attaches a lighter penalty Note:
1. Quasi-recidivism cannot at the same time
Requisites of Reiteracion or Habituality: constitute reiteracion.
1. The accused is on trial for an offense; 2. If the same set of facts constitutes
2. That he previously served sentence for recidivism and reiteracion, the liability of
another offense to which the law the accused should be aggravated by
attaches an recidivism which can easily be proven.
a. equal or Par. 11 That the crime be committed in
b. greater penalty, or Consideration of a Price, Reward, or Promise
c. for two or more crimes to which it
attaches a lighter penalty than that Requisites:
for the new offense; and 1. There are at least 2 principals:
3. That he is convicted of the new offense. a. The principal by inducement (one
who offers)
Forms of Repetition: b. The principal by direct participation
1. Recidivism (par. 9, art 14)- where a person, (accepts)
on separate occasions, is convicted of two 2. The price, reward or promise should be
offenses embraced in the same title in the previous to and in consideration of the
RPC. This is generic aggravating commission of the criminal act.
circumstance. Note:
1. The circumstance is applicable to both
2. Reiteracion or Habituality (par. 10, art. 14)- principals. It affects the person who
Where the offender has been previously received the price/reward as well as the
punished for an offense to which the law person who gave it.
attaches an equal or greater penalty or for 2. If without previous promise, it was given
two crimes tow which it attaches a lighter voluntarily after the crime had been
committed as an expression of his 1. The time when the offender determined to

appreciation and for the sympathy and aid commit the crime;
shown by the other accused, it should not 2. An act manifestly indicating that the culprit
be taken into consideration for the purpose has clung to his determination; and
of increasing the penalty. 3. A sufficient lapse of time between the
3. The price, reward, or promise need not determination and execution, to allow him
consist of material things nor that the same toreflect upon the consequences of his act
were actually delivered, it being sufficient and to allow his conscience to overcome the
that the offer made by the principal by resolution of his will.
inducement be accepted by the principal by
direct participation before the commission Essence of premeditation- The execution of the
of the offense. criminal act must be preceded by cool thought and
4. The inducement must be the primary reflection upon the resolution to carry out the
consideration of the commission of the criminal intent during the space of time sufficient to
crime. arrive at a calm judgment.
Par. 12 That the crime be committed by means of Note:

inundation, fire, poison, explosion, stranding of a 1. Premeditation is absorbed by reward or
vessel or intentional damage thereto, derailment promise.
of a locomotive, or by use of any artifice involving 2. When the victim is different from that
great waste and ruin intended, premeditation is not aggravating.
However, if the offender premeditated on
Note: the killing of any person, it is proper to
1. The circumstances under this paragraph will consider against the offender the
only be considered as aggravating when aggravating circumstance of premeditation,
they are used by the offender as a means to because whoever is killed by him is
accomplish a criminal purpose. contemplated in his premedtitation.
2. When another aggravating circumstance
already qualifies the crime, any of these Par. 14 That craft, fraud or disguise be employed
aggravating circumstances shall be
considered as generic aggravating Requisite:
circumstance only. The offender must have actually used craft, fraud, or
disguise to facilitate the commission of the crime.
Par. 12 v. Par. 7 of Art. 14
CRAFT (astucia)- used of intellectual trickery or
In Par. 12, the crime is committed by means of any cunning on the part of the accused; A chicanery
such acts involving great waste and ruin while in resorted to by the accused to aid in the execution of
Par. 7, The crime is committed on the occasion of a his criminal design. It is employed as a scheme in
calamity or misfortune. the execution of the crime.
Par. 13 That the act be committed with evident The act of the accused done in order not to arouse
premeditation the suspicion of the victim constitutes craft.
Requisites: FRAUD (fraude)- insidious words or machinations

The prosecution must prove--- used to induce the victim to act in a manner which
would enable the offender tocarry out his design.
Note: Par .15 contemplates two aggravating

Fraud is where there is a direct inducement by circumstances, either of which qualifies a killing to
insidious words or machinations. murder.
Note: Craft and fraud may be absorbed by Meaning of “advantage be taken”- to deliberately
treachery if they have been deliberately adopted as use excessive force that is out of proportion to the
the means, methods or forms for the treacherous means for self-defense available to the person
strategy, or they may co-exist independently where attacked. (People v. Lobrigas)
they are adopted for a different purpose in the
commission of the crime. Note:
1. No advantage of superior strength when
- Where the accused pretended to hire one attacks another with passion and
the driver in order to get his vehicle, it obfuscation.
was held that there was craft directed 2. TEST for abuse of superior strength: the
to the theft of the vehicle, separate relative strength of the offender and his
from the means subsequently used to victim and whether or not he took
treacherously kill the defenseless advantage of his greater strength.
driver. (People v. San Pedro) 3. When there are several offenders
- Fraud is a “generic term embracing participating in the crime, they must ALL be
multifarious means which human principals by direct participation and their
ingenuity can devise and which are attack against the victim must be concerted
resorted to by one individual to secure and intended to be so.
an advantage over another by false 4. Abuse of superior strength is inherent in the
suggestions or by suppression of truth crime of parricide where the husband kills
and includes all surprise, trick, cunning, the wife. It is generally a accepted that the
dissembling and any unfair way by husband is physically stronger than the wife.
which another is cheated.” (Lu v. Lu Ym,
Sr., 595 SCRA 79) - The element of band is appreciated
when the offense is committed by more
DISGUISE (disfraz)- Resorting to any device to than three armed malefactors
conceal identity. regardless of the comparative strength
of the victim or victims.
Note: - The element of abuse of superiority is
1. The test of disguise is whether the device or the taking advantage by the culprits of
contrivance resorted to by the offender was their collective strength to overpower
intended to make identification more their relatively weaker victim or victims.
difficult. - Abuse of superior strength absorbs
2. The use of an assumed name in the cuadrilla (band).
publication of a libel constitutes disguise.
Meaning of means employed to weaken the
Par. 15 That advantage be taken of superior defense- the offender employs means that
strength, or means be employed to weaked the materially weaken the resisting power of the
defense offended party.
Ex.
1. Where one, struggling with another, 3. The mode of attack must be consciously
suddenly throws a cloak over the head of adopted.
his opponent then he wounds or kills him.
2. When the offender, who had the intention Note:
to kill the victim, made the decreased 1. Treachery is appreciated even if the crime
intoxicated, thereby materially weakening against the person is complexed with
the latter’s resisting power. another felony involving a different
classification in the Code. This, in the special
Note: This circumstance is applicable only to complex crime of robbery with homicide
crimes against persons, and sometimes against and treachery but can be appreciated
person and property, such as robbery with physical insofar as the killing is concerned.
injuries or homicide. 2. The suddenness of attack in itself does not
constitute treachery, even if the purpose
To take advantage of superior strength is to use was to kill, so long as the decision was made
force out of proportion to the means available to all of a sudden and the victim’s helpless
the person attacked to defend himself—it must be position as accidental.
clearly shown that there was deliberate intent on 3. Treachery applies in the killing of a child
the part of the malefactors to take advantage even if the manner of attack is not shown.
thereof. (People v. Regalario, 582 SCRA 738) 4. Treachery must be proved by clear and
convincing evidence.
Par. 16 That the act be committed with Treachery 5. Frontal attack can be treacherous when it is
(Alevosia) sudden and unexpected and the victim is
unarmed—what is decisive is that the
TREACHERY- When the offender commits any of execution of the attack made it impossible
the crimes against the person, employing means, for the victim to defend himself/herself or
methods or forms in the execution thereof which to retaliate. (Herrera v. Sandiganbayan, 579
tend to directly and specially to insure its execution SCRA 32).
without risk to himself rising from the defense
which the offended party might make. When treachery must be present:
1. When the aggression is continuous,
Requisites: treachery must be present in the beginning
1. That at the time of the attack, the victim of the assault.
was not in a position to defend himself; and Ex. Even if the deceased was shot while he
2. That the offender consciously adopted the was lying wounded on the ground, it
particular means, method or form of attack appearing that the firing of the shot was a
employed by him. mere continuation of the assault in which
TEST: It is not only the relative position of the the deceased was wounded, with no
parties but also whether or not the victim was appreciable time intervening between the
forewarned or afforded the opportunity to make a delivery of the blows and the firing of the
defense or to ward off the attack. shot, it cannot be said that the crime was
attended by treachery.
Rules regarding Treachery:
1. Applicable only to crimes against persons. 2. When the assault was not continuous, in
2. Means, methods or forms need not insure that there was interruption, it is sufficient
accomplishment of crime. hat treachery was present at the moment
the fatal blow was given.
Ex. Hence if there was a break in the Par. 17 That means be employed or circumstance
continuity of the aggression and at the time brought about which add ignominy to the natural
of the fatal would was inflicted on the effects of the act
deceased he was defenseless, the
circumstance of treachery must be taken IGNOMINY- Circumstance pertaining to the moral
into account. order, which adds disgrace and obloquy to the
material injury caused by the crime.
Treachery should not be considered when:
1. The victim was not predetermined but The means employed or the circumstances brought
there was a generic intent to treacherously about must tend to make the effects of the crime
kill any first two persons belonging to a more humiliating to victim or to put the offended
class. (Same rule for evident premeditation) party to shame, or add to his moral suffering. This it
2. There was aberratio ictus and the bullet hit is incorrect to appreciate ignominy where the victim
a person different from that intended. was already dead when his body was dismembered,
(Different rule from evident premeditation) for such act may not be considered to have added
3. There was error in personae, hence the to the victim’s moral suffering or humiliation.
victim was not the one intended by the
accused. (Different rule in for evident
premeditation)
Reason: When there is treachery, it is impossible for
either the intended victim or the actual victim to Par. 18 That the crime be committed after an
defend himself against the aggression. unlawful entry
Treachery absorbs: (ACE CAN) UNLAWFUL ENTRY- When an entrance is effected

1. Craft by a way not intended for the purpose.
2. Abuse of superior strength
3. Employing means to weaken the defense Note: Unlawful entry must be a means to effect
4. Cuadrilla entrance and not to escape.
5. Aid of armed men
6. Nighttime Reason for aggravation:
Offender shows a greater perversity, a greater
TREACHERY- Means, methods or forms are audacity; hence the law punishes him with more
employed by the offender to make it impossible or severity.
hard for the offended party to put any sort of
resistance.
Par. 19 That as a means to the commission of a
ABUSE OF SUPERIOR STRENGTH- Offender takes crime, a wall, roof, floor, door, or window be
advantage of his superior strength and does not broken
employ means, methods or forms of attack.
Note:
MEANS EMPLOYED TO WEAKEN THE DEFENSE- 1. Applicable only if such acts were done by
Means are employed but it only materially weakens the offender to effect ENTRANCE.
the resisting power of the offended party. 2. It is NOT necessary that the offender should
have entered the building. If the offender
broke a window to enable himself to reach a
purse with money on the table near that
window, which he took while his body was the motor vehicle in going to
outside of the building, the crime of theft the place of the crime, in
was attended by this aggravating carrying away the effects
circumstance. thereof, and in facilitating their
escape.
Note: Breaking in is lawful in the following
circumstances: “or other similar means”- refers to motorized
1. An officer, in order to make arrest, may vehicles or other efficient means of transportation
break open a door or a window of any similar to automobile or airplane.
building in which the person to be arrested
is or is reasonably believed to be, (Sec.11 Par. 21 That the wrong done in the commission of
Rule 113 of ROC) the crime be deliberately augmented by causing
2. An officer, if refused admittance, may break other wrong not necessary for its commission
open any door or window to execute the
search warrant or liberate himself, (Sec. 7 CRUELTY- When the culprit enjoys and delights in
Rule 126 of ROC) making his victim suffer slowly and gradually,
3. Replevin (Sec. 4, Rule 60 of ROC) causing unnecessary physical pain in the
consummation of the criminal act.
Par. 20 That the crime be committed:
1. with the aid of persons under 15 years of Requisites:
age, or 1. That the injury caused be deliberately
2. by means of motor vehicles, airships or increased by causing other wrong;
other similar means 2. That the other wrong be unnecessary for
Two different circumstances grouped in this the execution of the purpose of the
paragraph: offender.
1. With the aid of persons under 15 years of Note:

age: 1. Cruelty is not inherent in crimes against
- Intends to repress the frequent persons.
practice resorted to by 2. The wounds found on the body of the victim
professional criminals to avail must be inflicted while he was still alive in
themselves or minors taking order unnecessarily to prolong physical
advantage of their suffering.
responsibility. 3. If the victim was already dead when the acts
of mutilation were being performed, this
2. By means of motor vehicles, airships, or would also qualify the killing to murder due
other similar means: to outraging of his corpse.
- Intended to counteract the 4. The test in appreciating cruelty as an
great facilities found by modern aggravating circumstance is whether the
criminals in said means to accused deliberately and sadistically
commit crime and flee and augmented the wrong by causing another
abscond once the same is wrong not necessary for its commission and
committed. inhumanely increased the victim’s suffering
- Use of a motor vehicles is or outraged or scoffed at his/her person or
aggravating where the accused corpse. (People v. Bernabe, 604 SCRA 216)
purposely and deliberately used
Note: unlike mitigating circumstances, there is NO RELATIONSHIP

provision for aggravating circumstances of a similar The alternative circumstance of relationship shall be
or analogous character. taken into consideration when the offended party is
the-
1. Spouse,
ALTERNATIVE CIRCUMSTANCES 2. Ascendant,
3. Descendant,
Alternative circumstances- those which must be 4. Legitimate, natural, or adopted brother or
taken into consideration as aggravating or sister, or
mitigating according to the nature and effects of 5. Relative by affinity in the same degree of
the crime and other conditions attending its the offender
commission. Other relatives included (by analogy)
1. the relationship of stepfather or stepmother
ART.15-Their concept. - Alternative circumstances and stepson or stepdaughter.
are those which must be taken into consideration 2. The relationship of adopted parent and
as aggravating or mitigating according to the adopted child.
nature and effects of the crime and the other Note: But the relationship of uncle and niece is not
conditions attending its commission. They are the covered by any of the relationship mentioned.
relationship, intoxication and the degree of
instruction and education of the offender.
The alternative circumstance of relationship shall

be taken into consideration when he offended When Relationship Mitigating and When
party in the spouse, ascendant, descendant, Aggravating:
legitimate, natural, or adopted brother or sister, or
relative by affinity in the same degrees of the 1. As a rule, relationship is mitigating in crimes
offender. against property by analogy to the provision
of Art. 332.
The intoxication of the offender shall be taken into 2. In crimes against persons-
consideration as a mitigating circumstances when a. It is aggravating where the offender, or
the offender has committed a felony in a state of the offender and the offended party are
intoxication, if the same is not habitual or relatives of the same level. (e.g. borthers)
subsequent to the plan to commit said felony but b. But when it comes to physical injuries:
when the intoxication is habitual or intentional, it i. It is aggravating when the crime
shall be considered as an aggravating involves serious physical injuries,
circumstance. even if the offended party is a
descendant of the offender.
ii. It is mitigating when the offense
ART. 15 CONCEPT OF ALTERNATIVE committed is less serious physical
CIRCUMSTANCES injuries or slight physical injuries,
if the offended party is a relative
1. Relationship; of a lower degree.
2. Intoxication and iii. It is aggravating if the offended
3. Degree of instruction and education of the party is a relative of a higher
offender degree of the offender.
c. When the crime is homicide or murder, contrary, it is presumed to be non- habitual

relationship is aggravating even if the or unintentional.
victim is a relative of a lower degree.
d. In rape, relationship is aggravating where INSTRUCTION OR EDUCATION
a stepfather raped his stepdaughter or - It does not refer only to literacy but
where a father raped his own daughter. more to the level of intelligence of the
3. In crime against chastity, like acts of accused.
lasciviousness, relationship is always - Refers to the lack of knowledge or
aggravating, regardless of whether the presence of sufficient intelligence and
offender is a relative of a higher or lower knowledge of full significance of one’s
degree of the offended party. acts.
- Low degree of instruction and education
Note: When the qualification given to the crime is or lack of it is generally mitigating. High
derived from the relationship between the offender degree of instruction and education is
and the offended party, it is neither mitigating nor aggravating, when the offender took
aggravating, because it is inseparable and inherent advantage of his learning in committing
in the offense. (e.g. parricide, adultery and the crime.
concubinage)
General rule- Lack of sufficient education is
INTOXICATION mitigating.
Exceptions:
When intoxication is mitigating and when 1. Crimes against property
aggravating: 2. Crimes against chastity
1. mitigating: 3. Treason- because love for country should be
a. if intoxication is not habitual or a natural feeling of every citizen, however
b. if intoxication is not subsequent to unlettered or uncultured he may be.
the plan to commit a felony
P.D.1866 as amended by R.A.8294
2. aggravating: Sec.1 Unlawful manufacture, sole acquisition,
a. if intoxication is habitual or disposition or possession of firearms or ammunition
b. if it is intentional (subsequent to or instruments used or intended to be used in the
the plan to commit a felony) manufacture of firearms or ammunition---If
For intoxication to be considered a mitigating homicide or murder is committed with the use of an
circumstance: unlicensed firearm, such use of an unlicensed
1. At the time of the commission of the crime, firearm shall be considered as an aggravating
the accused has taken such quantity of circumstance.
alcoholic drinks as to blur his reason and
deprive him of a certain degree of control, Sec.3. Unlawful manufacture, sale, acquisition,
2. Such intoxication is not habitual, or disposition or possession of explosives”--- When a
subsequent to the plan to commit the person commits any of the crimes defined in the
felony. RPC or special laws with the use of the
3. To be mitigating, the state of intoxication of aforementioned explosives, detonation agents or
the accused must be proved. Once incendiary devices, which results in the death of any
intoxication is established by satisfactory person or persons, the use of such explosives,
evidence, in the absence of proof to the detonation agents or incendiary devices shall be
considered as an aggravating circumstance.
Maintenance of a den, dive or resort where any

Dangerous Drugs Act (R.A. 9165) dangerous drug and/or controlled precursor and
essential chemical is sold or used
Aggravating/ Qualifying Circumstance
Qualifying circumstances:
Importation of dangerous drugs even for flora, a. Where a prohibited/regulated
decorative and culinary purposes and /or controlled drug is administered, delivered,
precursors and essential chemicals or sold to a minor who is
allowed to use the same in such
Qualifying circumstance: place; or
a. If the importation was through b. On the maintainer, owner or
the use of a diplomatic operator, should a prohibited
passport, diplomatic facilities or drug be the proximate cause of
any other means involving the the death of the person using
offender’s official status the same in such den, dive or
intended to facilitate the resort
unlawful entry of the same c. Organizes, manages, or acts as
b. Organizes, manages or acts as a financier
financier
Manufacture of dangerous drugs and/or controlled
Sale, trading, administration, dispensation, delivery, precursors and essential chemicals
distribution, and transportation of dangerous drugs
and/or controlled precursors and essential Aggravating circumstance: Clandestine lab is
chemicals undertaken under the following circumstances:
1. Any phase conducted in presence or
Qualifying circumstances: with help of minors.
a. If any of the transaction 2. Established/undertaken within 100
transpires within 100 meters meters of residential, business, church ir
from a school; school premises
b. If minors / mentally 3. Lab secured/ protected by booby traps
incapacitated individuals are 4. Concealed with legitimate business
used as runners, couriers and operations
messengers of the drug 5. Employment of practitioner, chemical
pushers. engineer, public official or foreigner
c. If the victim of the offense is a
minor, or mentally Qualifying circumstance: Organizes, manages or acts
incapacitated individual or as financier
should a prohibited/regulated
drug involved in any offense Manufacture or delivery of equipment, instrument,
under this section be the apparatus, and other paraphernalia for dangerous
proximate cause of the death of drugs and/or controlled precursor and essential
a victim thereof. chemicals
d. Organizes, manages or acts as
financier Acts punishable:
1. Deliver
2. Possess with intent to deliver
3. Manufacture with intent to latter provides for the same graduated

deliver the paraphernalia, penalties as those provided under the RPC.
knowing, or under There are two parties in all crimes.
circumstances where one 1. Active subject (the criminal)
reasonably should know 2. Passive subject (the Injured party)
Qualifying circumstance- use of a minor or mentally NOTE:

incapacitated individual to deliver such equipment, 1. Only natural persons can be the active
instrument, apparatus or other paraphernalia subject of crime because of the highly
personal nature of the criminal
PERSONS CRIMINALLY LIABLE responsibility.
2. However, corporation and partnership can
a. General Provisions be a passive subject of a crime
3. GENERAL RULE: corpses and animals cannot
Title Two: be passive subjects because they have no
PERSONS CRIMINALLY LIABLE FOR FELONIES rights that may be injured. EXCEPTION:
under art.253, the crime of defamation may
ART.16. Who are criminally liable be committed if the imputation tends to
blacken the memory of one who is dead
ART.16 . Who are criminally liable. - The following 4. This article applies only when the offenders
are criminally liable for grave are to be judged by their individual, and not
and less grave felonies: collective, liability.
1. Principals. ART.17- .Principals. - The following are considered

principals:
2. Accomplices.
1. Those who take a direct part in the execution of
3. Accessories. the act;
The following are criminally liable for light 2. Those who directly force or induce others to
felonies: commit it;
1. Principals 3. Those who cooperate in the commission of the

offense by another act without which it would not
2. Accomplices. have been accomplished.
NOTE: ART. 17. Principals

1. Accessories are not liable for light felonies Types:
because the social wrong as well as the 1. Principal by DIRECT PARTICIPATION (par.1)
individual prejudice is so small that penal 2. Principal by INDUCTION (par.2)
sanction is unnecessary. 3. Principal by INDESPENSIBLE COOPERATION
2. The classification of the offenders as (par.3)
principal, accomplice or an accessory is
essential under the RPC. The classification Par. 1 Principal by Direct Participation
maybe applied to special laws only if the
Requisites:
1. that they participated in the criminal 3. Contribution by positive acts to the

resolution; and (conspiracy) realization of a common criminal intent
2. that they carried out their plans and 4. Presence during the commission of the
personally took part in its execution by crime by a band and lending moral support
which directly tended to the same end. thereto.
NOTE: if the second element is missing, those who NOTE:

did not participate in the commission of the acts of 1. Conspirator is not liable for the crimes of
execution cannot be held criminally liable because the others which are no the object of the
there is only conspiracy, unless the crime agreed to conspiracy nor are logical or necessary
be commited is treason (Art.115), sedition, coup d’ consequences thereof.
etat or rebellion (Art. 136). 2. In multiple rapes, each rapist is liable for
another’s crime because each cooperated in
the commission of the rapes perpetrated by
Meaning of “personally took part in its execution”: the others.
1. The principal by direct participation must 3. In the crime of murder w/ treachery – all
be at the scene of the commission of the the offenders must at least know that there
crime, personally taking part in its will be treachery in executing the crime or
execution. cooperate therein.
2. Under conspiracy, although he was not 4. No such thing as conspiracy to commit an
present in the scene of the crime, he is offense through negligence. However,
equally liable as a principal by direct special laws may make one a co-principal.
participation, 5. Conspiracy is negated by the acquittal of co-
Ex: one serving as guard pursuant to the defendant.
conspiracy is a principal by direct participation
Par. 2 Principal by Induction
CONSPIRACY- there is unity of purpose and
intention. Requisites:
How Conspiracy is established: 1. That the inducement be made directly with

the intention of procuring the commission
 It is proven by overt act and beyond of the crime; and
reasonable doubt. 2. That such inducement be the determining
 Mere knowledge or approval is insufficient cause of the commission of the crime by the
 A formal agreement is not necessary material executor.
 Conspiracy is implied when the accused had
a common purpose and were united in NOTE:
execution. 1. One cannot be held guilty of having
 Unity of purpose and intention in the instigated the commission of the crime
commission of the crime may be shown in without first being shown that the crime
the following cases: was actually committed (or attempted)
1. Spontaneous agreement at the commission by another.
of the crime 2. There can be no principal by
2. Active cooperation by all the offenders in inducement (or by indispensible
the perpetration of the crime. cooperation) unless there is a principal
by direct participation without a
principal by inducement (or by 5. 5. Executor had no personal

indispensible cooperation). reason to commit the crime.
Note:
Two ways of becoming principal by induction: 1. The words uttered in the heat of anger and
in the nature of the command that had to
1. By directly forcing another to omit a crime by: be obeyed do not make one an inductor.
a) Using irresistible force 2. Mere imprudent advice is not inducement.
b) Causing uncontrollable fear 3. If the person who actually committed the
 In these cases there is no crime had his own reason to commit it, it
conspiracy. Only the one using the cannot be said that the inducement was
force or causing the fear is influential in producing the criminal act.
criminally liable. The material
executor is not criminally iable Effects of acquittal of principal by direct
because of Art. 12, pars. 5 and 6 participation upon liability of principal by
(exempting circumstances) inducement:
2. By directly inducing another to commit a crime 1. Acquittal of a co-defendant means there is
by no conspiracy.
a) giving of price, or offering of reward or 2. One cannot be held guilty of having
promise. instigated the commission of a crime
 The one giving the price or offering without first being shown that the crime has
the reward or promise is a principal been actually committed by another.
by inducement while the one  But if the one charged as principal by direct
committing the crime in participation is acquitted because he acted
consideration thereof is a principal without criminal intent or malice, his
by direct participation. There is acquittal is not ground for the acquittal of
collective criminal responsibility. the principal by inducement.
b) Using words of command  REASON: in exempting circumstances, such
 The person who used words of as when the act is not voluntary because of
command is a principal by lack of intent on the part of the accused,
inducement while the person who there is a crime committed only that the
committed the crime because of accused is not a criminal.
the words of command is a
principal by direct participation. Par. 3 Principal by indispensible cooperation
There is also collective criminal
responsibility. Requisites:
Requisites: 1. Participation in the criminal resolution,
1. Commander has the intention of that is, there is either anterior conspiracy
procuring the commission of the or unity of criminal purpose and intention
crime immediately before the commission of the
2. Commander has ascendancy or crime charged; and
influence. 2. Cooperation in the commission of the
3. Words used are direct and offense by performing another act, without
powerful as to amount to physical which it would not have been
or moral coercion. accomplished.
4. 4.command be uttered prior to
commission.
Meaning of “cooperation in the commission of the By Inducement Requisites:

offense”: To desire or wish a common thing. But 1. Inducement be made directly with the
that common will or purpose does not necessarily intention of procuring the commission of
mean previous understanding for it can be the crime
explained or inferred from the circumstance of each 2. Inducement be the determining cause of
case. the commission of the crime by the material
NOTE: if the cooperation is not indispensable, executor.
the offender is only an accomplice. By Indispensable Cooperation Requisites:
1. Participation in the criminal resolution
either by anterior conspiracy or unity of
criminal purpose and intention immediately
before commission of the crime.
Collective Criminal Responsibility: 2. Performing another act, without which it
would not have been accomplished.
1. This is present when the offenders are
criminally liable in the same manner and to ART. 18-Accomplices.- Accomplices are those
the same extent. The penalty to be imposed persons who, not being included in Article 17,
must be the same for all. cooperate in the execution of the offense by
2. Principals by direct participation have previous or simultaneous acts.
collective criminal responsibility. Principals
by induction, (except those who directly ACCOMPLICES- Persons who do not act as principals
forced another to commit a crime) and but cooperate in the execution of the offense by
principals by direct participation have previous and simultaneous acts, which are not
collective criminal responsibility. Principals indispensable to the commission of the crime. They
by indispensible cooperation have act as mere instruments that perform acts not
collective criminal responsibilities with the essential to the perpetration of the offense.
principals by direct participation.
Requisites:
Individual Criminal Responsibility 1. That there be community of design, that is,
knowing the criminal design of the principal
In the absence of any previous conspiracy, the by direct participation, he concurs with the
criminal responsibility arising from different acts latter his purpose;
directed against one and the same person is 2. That he cooperates in the execution of the
considered as an individual and not collective, and offense by previous or simultaneous acts,
each of the participants is liable only for the act with the intention of supplying material or
committed by him. moral aid in the execution of the crime in an
efficacious way; and
Quasi-collective Criminal Responsibility 3. That there be a relation between the acts
Some of the offenders in the crime are principals done by the principal and those attributed
and the others re accomplices. to the person charged as an accomplice.
Note:
By Direct Participation Requisites: 1. Before there could be an accomplice,
1. Participation in the criminal resolution there must be a principal by direct
2. That they carried out their plan and participation.
personally took part in its execution by acts, 2. The person charged as an accomplice
which directly tended to the same end. should not have inflicted a moral
wound. If he inflicted a moral wound, a. By profiting themselves or assisting

he becomes a principal by direct the offender to profit by the effects
participation. of the crime.
3. In case of doubt, the participation of b. Assisting the offender to profit by
the offender will be considered that of the effects of the crime.
an accomplice rather than that of a c. By concealing or destroying the
principal. body of the crime to prevent its
discovery.
It is settled jurisprudence that previous acts of Note: In profiting by the effects of the crime, the
cooperation by the accomplice should not be accessory must receive the property from the
indispensable to the commission of the crime, principal. He should not take it without the consent
otherwise, she would be liable as a principal by of the principal. If he took it without the consent of
indispensable cooperation. (People v. Montesclaros the principal, he is not an accessory but a principal
589 SCRA 320) in the crime of theft.
ART. 19-Accessories. - Accessories are those who,

having knowledge of the commission of the crime,
and without having participated therein, either as Examples:
principals or accomplices, take part subsequent to PAR.1- Person received and used property from
its commission in any of the following manners: another, knowing it was stolen.
1. By profiting themselves or assisting the PAR.2- Placing a weapon in the hand of the dead
offender to profit by the effects of the who was unlawfully killed to plant evidence, or
crime.37 burying the deceased who was killed by the
2. By concealing or destroying the body of principals.
the crime, or the effects or instruments
thereof, in order to prevent its discovery. PAR.3- a) Public officers who harbor, conceal, or
assist in the escape of the principal of any crime
3. By harboring, concealing, or assisting in (except light felonies) with abuse of his public
the escape of the principals of the crime, functions.
provided the accessory acts with abuse of c) private persons who harbor, conceal, or
his public functions or whenever the assist in the escape of the author of the
author of the crime is guilty of treason, crime—guilty of treason, parricide, murder
parricide, murder, or an attempt to take or an attempt against the life of the
the life of the Chief Executive, or is known President, or who is known to be habitually
to be habitually guilty of some other guilty of some crime.
crime.
General rule- If the principal is acquitted the
ACCESSORIES accessory is also acquitted. The responsibility of the
1. Those who having knowledge of the accessory is subordinate to that of the principal in a
commission of the crime and crime.
2. Without having participated therein either
as principals or accomplices, take part Exception- when the crime was in fact committed
subsequent to its commission in any of the by the principal, but the principal covered by
following acts: exempting circumstances, and as a result, he is not
held to be liable.
as an accessory. As long as the corpus delicti

Note: Trial of accessory may proceed without is proved and the accessory’s participation
awaiting the result of the separate charge against as such is shown, he can be held criminally
the principal because the criminal responsibilities responsible and meted out the
are distinct from the other. corresponding penalty.
2. The prescribed acts of the accessory under
Two classes of accessories contemplated in par.3 of par.2 must have been intended to prevent
art. 19: the discovery of the crime, hence, mere
silence does not make an accessory. If
1. Public officers who harbor, conceal, or assist in however, the crime involved is a conspiracy
the escape of the principal of any crime (not a light to commit treason, his silence may hold him
felony) with abuse of his public functions: liable for misprision of treason but as a
principal thereof.
REQUISITES: 3. Where the accused misleads the authorities
1. The accessory is a public officer by giving them fake information, such act is
2. He harbors, conceals, or assists in the escape of equivalent to concealment and he should be
the principal held as an accessory.
3. The public officer acts with abuse of his public
functions Principal v. Accessory
4. The crime committed by the principal is any
crime, provided it is not a light felony. Principal:
a. Takes direct part or cooperates in, or
includes the commission of the crime
2. Private persons who harbor, conceal, or assist in b. Cooperates in the commission of the
the escape of the author of the crime who is guilty offense by acts either prior thereto or
of treason, parricide, murder, or attempts against simultaneous therewith.
the life of the President, or who is known to be a c. Participates during commission of the crime.
habitually guilty of some other crime. Accessory:
a. does NOT take part or cooperates in, or
REQUISITES: induces the commission of the crime.
1. The accessory is a private person. b. Does not take part in the commission of the
2. He harbors, conceals, or assists in the escape offense.
of the author of the crime. c. Participation of the accessory in all case
3. The crime committed by the principal is always subsequent to the commission of the
either: crime.
a. Treason
b. Parricide
c. Murder ANTI- FENCING LAW OF 1979 (P.D.1612)
d. Attempt against the life of the
President or FENCING- An act, with intent to gain, of buying,
e. That the principal is known to be selling, receiving, possessing, keeping or in any
habitually guilty of some other crime. other manner dealing in anything of value which a
person known or should have known to be derived
Note: from the proceeds of the crime of robbery or theft.
1. There is no requirement that the principal
be convicted before one may be punished
FENCE- A person who commits the act of fencing. A Accessory is not exempt from criminal liability even
fence who receives stolen property as above- if the principal is related to him, if such accessory:
mentioned is not an accessory but a principal in the 1. profited by the effects of the crime, or
crime defined in and punished by the Anti-Fencing 2. assisted the offender to profit by the effects
Law. of the crime.
Mere possession of anything of value which has
been the subject of a robbery or theft shall be REASON: Because such acts are prompted not by
prima facie evidence of fencing. affection but by greed.
A person cannot be held as an accessory for helping Note:

the escape of the other accused where he reported 1. Nephew and niece are not included.
the shooting incident to the police and the said 2. Public officer contemplated in par.3. of art.
accused voluntarily surrendered to the authorities, 19 is exempt by reason of relationship to
circumstances ruling out any inference that the the principal, even if such public officer
accused intended to escape when they boarded the acted with abuse of his official function.
jeep driven by former after the shooting (People v. Reason: ties of blood or relationship
Alpapara, 604 SCRA 800) constitutes a more powerful incentive than
that call of duty.
ART. 20-. Accessories who are exempt from P.D.1829 (OBSTRUCTION OF JUSTICE)
criminal liability. - The penalties prescribed for Penalizes the act of any person who knowingly or
accessories shall not be imposed upon those who willfully obstructs, impedes, frustrates or delays the
are such with respect to their spouses, ascendants, apprehension of suspects and the investigation and
descendants, legitimate, natural, and adopted prosecution of criminal cases.
brothers and sisters, or relatives by affinity within
the same degrees, with the single exception of The benefits of the exception in ART. 20 do not
accessories falling within the provisions of apply to P.D.1829
paragraph 1 of the next preceding article.
Basis:
The exemption provided for in this article is based PENALTIES
on the ties of blood and the preservation of the
cleanliness of one’s name, which compels one to A. PENALTIES IN GENERAL
conceal crimes committed by relatives so near as
those mentioned in this article. PENALTY- Suffering inflicted by the State for the
transgression of a law.
An accessory is exempt from criminal liability
when the principal is his: *R.A. 9346 states that the effect is that all crimes
1.spouse, or with penalty imposable by death penalty or those
2. ascendant, or already imposed, are automatically commuted to
3. descendant, or Reclusion Perpetua without parole.
4. legitimate, natural or adopted brother, sister, or
relative by affinity within the same degree. Different Juridical Conditions of Penalty:
1. Productive of suffering- without however,
affecting the integrity of the human
personality.
2. Commensurate with the offense- different GENERAL RULE- A felony shall be punishable only
crimes must be punished with different by the penalty prescribed by law at the time of its
penalties. commission.
3. Personal- no one should be punished for Reason: because a law cannot be rationally obeyed
the crime of another. unless it is first shown, and a man cannot be
4. Legal- it is the consequence of a judgment expected to obey an order that has not been given.
according to law.
5. Certain- no one may escape its effects. Ex. Subsidiary penalty for a crime cannot be
6. Equal for all imposed if it was “not prescribed by law prior to its
7. Correctional commission.”
Theories Justifying Penalty Art. 22. Retroactive Effect of penal laws – Penal
1. Prevention- to prevent or suppress the laws shall have a retroactive effect insofar as they
danger to the state arising from the favor the person guilty of a felony, who is not a
criminal act of the offender. habitual criminal, as this term is defined in Rule 5
2. Self- defense – to protect society from the of Article 62 of this Code, although at the time of
threat and wrong inflicted by the criminal. publication of such laws a final sentence has been
3. Reformation- to correct and reform the pronounced and the convict is serving the same.
offender.
4. Exemplarity- the criminal is punished to NOTE: According to L.B. Reyes, Art. 22 is NOT
serve as an example to deter others from applicable to the provisions of the RPC. Its
committing crimes. application to the RPC can only be invoked where
5. Justice- that crime must be punished by the some former or subsequent law is under
state as an act of retributive justice, a consideration.
vindication of absolute right and moral law
violated by the criminal. GENERAL RULE: Penal laws are applied
prospectively.
B. PURPOSES
Three-fold purpose of Penalty under the code: EXCEPTION: When retrospective application will be
1. Retribution or expiation- the penalty is favourable to the person guilty of the felony;
commensurate with the gravity of the provided that:
offense. 1. The offender is NOT a habitual criminal
2. Correction or reformation- shown by the (delinquent) under Art. 62(5);
rules which regulate the execution of the 2. The new or amendatory law does NOT
penalties consisting in deprivation of provide against it retroactive application.
liberty.
3. Social defense- shown by its inflexible HABITUAL DELINQUENT – A person who, within a
severity to recidivists and habitual period of ten years from the date of his release or
delinquents. last conviction of the crimes of serious or less
serious physical injuries, robbery, theft, estafa, or
ART.21-Penalties that may be imposed. - No felony falsification, is found guilty of an said crimes a third
shall be punishable by any penalty not prescribed time or more.
by law prior to its commission.
EX POST FACTO LAW – An act which when
committed was not a crime, cannot be made so by
statute without violating the constitutional
inhibition as to ex post facto laws. An ex post facto

law is one which: Criminal liability under the repealed law subsists:
1. Makes criminal, an act done before the 1. When the provisions of the former law are
passage of the law which was innocent re-enacted; or the right to punish offenses
when at the time it was done; committed under an old penal law is not
2. Aggravates a crime, or makes it greater extinguished if the offenses are still
than it was when committed; punishable in the repealing penal law.
3. Changes the punishment and inflicts a 2. When the repeal is by implication; or when
greater punishment than the law annexed a penal law which impliedly repealed an old
to the crime when committed; law revives the prior penal law, unless the
4. Alters the legal rules of evidence, and language of the repealing statute provides
authorizes conviction upon a less or otherwise. If the repeal is absolute, criminal
different testimony than the law required liability is obliterated.
at the time of the commission of the 3. When there is a saving clause.
offense;
5. Assumes to regulate civil rights and BILL OF ATTAINDER – A legislative act which inflicts
remedies only, in effect imposing a penalty punishment without trial.
or deprivation of a right for something
which when done was lawful; and
6. Deprives a person accused of a crime some Art. 23. Effect of pardon by the offended party - A
lawful protection to which he has become pardon by the offended party does not extinguish
entitled, such as the protection of a former criminal action except as provided in Article 344 of
conviction or acquittal, or a proclamation of this Code but civil liabilities with regard to the
amnesty. interest of the injured party is extinguished by his
express waiver.
NOTE:
1. If the retroactive effect of a new law is GENERAL RULE: Pardon by the offended party does
justified, it shall apply to the defendant not extinguish the criminal liability of the offender.
even if he is:
a. Presently on trial for the REASON: A crime committed is an offense against
offense the State. Only the Chief Executive can pardon the
b. Has already been sentenced offenders.
but service of which has not
begun EXCEPTION: Pardon by the offended party will bar
c. Already serving sentence criminal prosecution in the following crimes:
2. The retroactivity of criminal statutes 1. Adultery and Concubinage (Art. 344)
does NOT apply to the offender’s civil - EXPRESS or IMPLIED pardon must be
liability. given by the offended party to BOTH
offenders
REASON: The rights of the offended persons or - Pardon must be given PRIOR to
innocent third parties are not within the gift or institution of criminal action
arbitrary disposal of the State
3. The provisions of Art. 22 are applicable 2. Seduction, Abduction, Acts of
even to special laws which provide Lasciviousness (Art. 344)
more favourable conditions to the
accused.
- EXPRESS pardon given by offended - Produced by the disturbance and alarm

party or her parents or grandparents or which are the outcome of the offense
guardian - Repaired through the imposition of penalty
- Pardon must be given PRIOR to the - The offended party cannot pardon the
institution of the criminal action. offender so as to relieve him of the penalty
However marriage between the b. Personal Injury
offender and the offended party EVEN - Caused to the victim of the crime who
AFTER the institution of the criminal suffered damage either to his person, to his
action or conviction of the offender will property, to his honor or to her chastity
extinguish the criminal action or remit - Repaired through indemnity
the penalty already imposed against - The offended party may waive the
the offender, his co-principals indemnity
accomplices and accessories after the
fact. C. Classifications
3. Rape (as amended by R.A. 8353)

- The subsequent valid marriage Art. 24. Measures of prevention or safety, which
between the offender and the offended are not considered penalties – The following shall
party shall extinguish criminal liability not be considered as penalties:
or the penalty imposed. In case the
legal husband is the offender, 1. The arrest and temporary detention of
subsequent forgiveness by the wife as accused persons, as well as their detention
offended party shall also produce the by reason of insanity or imbecility, or
same effect. illness requiring their confinement in a
hospital.
2. The commitment of a minor to any of the
NOTE: institutions mentioned in Article 80 (now
1. Pardon by the offended party under Art. Art. 192, P.D. No. 603) and for the purposes
344 is ONLY A BAR to criminal prosecution; specified therein.
it is NOT a ground for extinguishment of
criminal liability. It DOES NOT extinguish 3. Suspension from employment or public
criminal liability. It is not one of the causes office during the trial or in order to
that totally extinguish criminal liability in constitute proceedings.
Art. 89.
2. Nevertheless, civil liability may be 4. Fines and other corrective measures, which
extinguished by the EXPRESS WAIVER of the in the exercise of their administrative or
offended party. Civil liability with regard to disciplinary powers, superior officials may
the interest of the injured party is impose upon their subordinates.
extinguished by the latter’s express waiver
because personal injury may be repaired 5. Deprivation of rights and the reparations
through indemnity. The waiver must be which the civil law may establish in penal
expressed. The State has no reason to insist form.
on its payment.
Reasons why they are not penalties:
Two classes of Injuries: 1. Because they are not imposed as a result of
a. Social Injury a judicial proceedings. Those mentioned in
paragraphs 1, 3, and 4 are merely Chapter Two

preventive measures before conviction of CLASSIFICATION OF PENALTIES
the offenders.
2. The offender is not subjected to or made to Art. 25. Penalties which may be imposed. — The
suffer these measures in expiation of or as penalties which may be imposed according to this
a punishment for a crime. Code, and their different classes, are those
included in the following:
NOTE:
ACCUSED PERSONS UNDER ARTICLE 24 Scale
Par. 1 refers to “accused persons” who are detained Principal Penalties
“by reason of insanity or imbecility”. It does not Capital punishment:
refer to the confinement of an insane or imbecile Death.
who has not been arrested for a crime.
Afflictive penalties:
SUSPENSION AND FINES UNDER ARTICLE 24 Reclusion perpetua,
Pars. 3 and 4 refer to administrative suspension and Reclusion temporal,
administrative fines and not to the suspension or Perpetual or temporary absolute disqualification,
fine as penalties for violations of the RPC. Fines in Perpetual or temporary special disqualification,
par. 4 do not constitute as penalties because they Prision mayor.
are not imposed by the court.
Correctional penalties:
PENAL FORMS IN CIVIL LAW Prision correccional,
Example of deprivation of rights established in Arresto mayor,
penal form by the civil law: Parents who are Suspension,
deprived of their parental authority if found guilty Destierro.
of the crime of corruption of their minor children, in
accordance with Article 332 of the Civil Code. Light penalties:
Arresto menor,
WHEN A MINOR OFFENDER COMMITS AN Public censure.
OFFENSE WHILE DETAINED HE IS NOT A QUASI-
RECIDIVIST Penalties common to the three preceding classes:
When a minor offender was committed to a Fine, and
reformatory pursuant to Art. 80 (now P.D. 603), and Bond to keep the peace.
while thus detained he commits a crime therein, he Accessory Penalties
cannot be considered as a quasi-recidivist since his Perpetual or temporary absolute disqualification,
detention was only a preventive measure, whereas Perpetual or temporary special disqualification,
quasi-recidivism presupposes the commission of a Suspension from public office, the right to vote and
crime during the service of the penalty for a be voted for, the profession or calling.
previous crime. Civil interdiction,
Indemnification,
COMMITMENT BY A MINOR IS NOT A PENALTY Forfeiture or confiscation of instruments and
Commitment by a minor is not a penalty because it proceeds of the offense,
is not imposed by the court in a judgement. The Payment of costs.
imposition of the sentence in such a case is
suspended.
Art. 26. Fine – When afflictive, correctional, or

light penalty. – A fine whether imposed as a single Section One. – Duration of Penalties
or as an alternative penalty, shall be considered as
an afflictive penalty, if it exceeds 6,000 pesos; a Art. 27. Reclusion Perpetua – The penalty of
correctional penalty, if it does not exceed 6,000 reclusion perpetua shall be from 20 years and 1
pesos but is not less than 200 pesos; and a light day to 40 years.
penalty, if less than 200 pesos.
Fines: Reclusion Temporal – The penalty of reclusion
1. Afflictive – over P6,000 temporal shall be from 12 years and one day to 20
2. Correctional – P200 – P6,000 years.
3. Light – less than P200
Prision Mayor and temporary disqualification – The
NOTE: The classification applies if the fine is duration of the penalties of prision mayor and
imposed as a single or alternative penalty. Hence, it temporary disqualification shall be from 6 years
does not apply if the fine is imposed together with and 1 day to 12 years, except when the penalty or
another penalty. disqualification is imposed as an accessory penalty,
in which case, its duration shall be that of the
Distinction between Classification of Penalties in principal penalty.
Art. 9 and Art. 26
Prision Correccional, suspension, and destierro –
Article 9 - Applicable in determining the The duration of the penalties of prision
prescriptive period of felonies correccional, suspension, and destierro shall be
Article 26 - Applicable in determining the from 6n mos. and 1 day to 6 years, except when
prescriptive period of penalties suspension is imposed as an accessory penalty, in
which case, its duration shall be that of the
NOTE: principal penalty.
1. Fines are imposed either as alternative (Ex.
Art. 144 punishing disturbance of Arrest Mayor – The duration of the penalty of
proceedings with arresto mayor or fine arresto mayor shall be from 1 month and 1 day to 6
from 200 pesos to 1,000 pesos) or single months.
(Ex. Fine of 200 pesos to 6,000 pesos)
2. Penalty cannot be imposed in the Arresto Menor – The duration of the penalty of
alternative since it is the duty of the court arresto menor shall be from 1 day to 30 days.
to indicate the penalty imposed definitely
and positively. Bond to keep the Peace – The bond to keep the
3. Art. 26 merely classifies fine and has peace shall be required to cover such period oftime
nothing to do with the definition of light as the court may determine. (As amended by R.A.
felony. Thus, if the fine is imposed by the No. 7659.)
law for the felony is exactly 200 pesos, it is
a light felony. NOTE:
4. Bond to keep the peace is by analogy; 1. Destierro is a principal, divisible and
Afflictive – over 6,000 pesos; Correctional – correctional penalty.
200 – 6,000 pesos; Light – less than 200 2. Cases when destierro imposed:
pesos a. Serious physical injuries or death under
exceptional circumstances (Art. 247)
D. DURATION AND EFFECTS OF PENALTIES
b. In case of failure to give bond for good 2. If he is not under detention (released on
behaviour (Art. 284) bail), rule (3) applies.
c. As a penalty for the concubine and 3. If offender is under preventive
concubinage (Art. 334) imprisonment, rule (3) applies, not rule (1).
d. In cases where after reducing the
penalty by one or more degrees, Examples of Temporary Penalties:
destierro is the proper penalty. 1. Temporary absolute disqualification
2. Temporary special disqualification
3. Suspension
Art. 28. Computation of penalties – If the offender
shall be in prison, the term of the duration of the NOTE:
temporary penalties shall be computed from the
day on which the judgment of conviction shall ARREST AND TEMPORARY DETENTION IS NOT A
have become final. PENALTY
If the offender shall not be in prison, the term of Under Art. 24, the arrest and temporary detention
the duration of the penalty consisting of of the accused is not considered a penalty.
deprivation of liberty shall be computed from the
day that the offender is placed at the disposal of SERVICE BEGINS WHEN JUDGMENT BECOMES
the judicial authorities for the enforcement of the FINAL
penalty. The duration of the other penalties shall Service in prison begins only on the day the
be computed only from the day on which the judgment of the conviction becomes final
defendant commences to serve his sentence.
SERVICE OF THE SENTENCE TO BEGIN FROM DATE
OF RESOLUTION OD APPELLATE COURT IF ACCUSED
APPEALS
Rules on computation of Penalties: If in custody and the accused appealed, the service
1. When the offender is in prison – duration of the sentence should commence from the date of
of temporary penalties is from the day on the promulgation of the decision of the appellate
which the judgment of conviction becomes court, not of the trial court.
final.
2. When the offender is not in prison –
duration of penalty consisting the ART. 29. Period of preventive imprisonment
deprivation of liberty is from the day that deducted from term of imprisonment - Offenders
the offender is placed at the disposal of or accused who have undergone preventive
judicial authorities for the enforcement of imprisonment shall be credited in the service of
the penalty their sentence consisting of deprivation of liberty,
3. The duration of the other penalties – from with the full time during which they have
the day on which the offender commences undergone preventive imprisonment if the
to serve his sentence detention prisoner agrees voluntarily in writing to
abide by the same disciplinary rules imposed upon
Application of Rules: convicted prisoners, except in the following cases:
1. In cases of temporary penalties, and if the
offender is under detention (as when 1. When they are recidivists, or have been
undergoing preventive imprisonment), convicted previously twice or more times of any
rule (1) applies. crime; and
2. When upon being summoned for the execution NOTE:

of their sentence they have failed to surrender OFFENDERS NOT ENTITLED TO CREDITING
voluntarily. Offenders not entitled to be credited with the full
time or 4/5 of the time of their preventive
If the detention prisoner does not agree to abide imprisonment:
by the same disciplinary rules imposed upon a. Recidivists or those convicted previously
convicted prisoners, he shall be credited in the twice or more times of any crime
service of his sentence with four-fifths of the time b. Those who, upon being summoned for the
during which he has undergone preventive execution of their sentence, failed to
imprisonment. surrender voluntarily (convicts who failed to
voluntarily surrender under a final
Whenever an accused has undergone preventive judgment; not those who failed of refused
imprisonment for a period equal to or more than to voluntarily surrender after the
the possible maximum imprisonment of the commission of the crime)
offense charged to which he may be sentenced
and his case is not yet terminated, he shall be HABITUAL DELINQUENTS ARE NOT ENTITLED TO
released immediately without prejudice to the CREDITING
continuation of the trial thereof or the proceeding Habitual delinquents are not entitled to credit of
on appeal, if the same is under review. In case the time under preventive imprisonment since he is
maximum penalty to which the accused may be necessarily a recidivist or has been convicted
sentenced is destierro, he shall be released after previously twice or more times of any crime.
thirty (30) days of preventive imprisonment. (As
amended by Republic Act No. 6127, and further CREDITING APPLIES ONLY TO SENTENCE
amended by E.O. No. 214, prom. July 10, 1987.) CONSISTING OF DEPRIVATION OF LIBERTY
Credit is given in the service of sentences consisting
Instances when accused undergoes preventive of deprivation of liberty (imprisonment and
suspension: destierro), whether perpetual or temporal. Thus,
1. Offense is non-bailable persons who had undergone preventive
2. Offender cannot furnish bail for a bailable imprisonment but the offense is punishable by a
offense fine only would not be given credit.
Rules in Deducting Period of Preventive DESTIERRO INVOLVES DEPRIVATION OF LIBERTY

Imprisonment: Destierro is considered a “deprivation of liberty”.
The full time or 4/5 of the time during which the IF PENALTY IMPOSED IS ARRESTO MENOR TO
offenders have undergone preventive suspension DESTIERRO
shall be deducted from the penalty imposed: If the penalty imposed is arresto menor to destierro,
a. Full time: if the detention prisoner the accused who has been in prison for 30 days
agrees voluntarily in writing to abide by (arresto menor to 30 days) should be released
the same disciplinary rules imposed because although the minimum penalty is destierro
upon convicted prisoners (6 months and 1 day to 6 years), the accused
b. Four-fifths of the time (4/5): if the sentenced to such penalty does not serve it in
detention prisoner does not agree to prison.
abide by the same disciplinary rules
imposed upon convicted prisoners
Section Two. – Effects of the Penalties according to
their respective nature may vote in that exercise, subject to the

provisions of pertinent election laws at the
time.
Art. 30. Effects of the penalties of perpetual or
temporary absolute disqualification - The penalties Effects of Perpetual and Temporary Absolute
of perpetual or temporary absolute Disqualification
disqualification for public office shall produce the 1. Deprivation of any public office or
following effects: employment of offender
2. Deprivation in any election, of the right to
1. The deprivation of the public offices and vote OR be voted upon.
employments which the offender may have held 3. Loss of rights to retirement or pension
even if conferred by popular election.
NOTE: All these effects last during the lifetime of the
2. The deprivation of the right to vote in any convict and even after the service of the sentence
election for any popular office or to be elected to except as regards paragraphs 2 and 3 of the above
such office. in connection with Temporary Absolute
Disqualification.
3. The disqualification for the offices or
employments and for the exercise of any of the
rights mentioned. Article 31. Effects of the penalties of perpetual or
In case of temporary disqualification, such temporary special disqualification.- The penalties
disqualification as is comprised in paragraphs 2 of perpetual or temporal special disqualification
and 3 of this article shall last during the term of for public office, profession or calling shall produce
the sentence. the following effects:
1. The deprivation of the office, employment,
4. The loss of all rights to retirement pay or other profession or calling affected;
pension for any office formerly held. 2. The disqualification for holding similar offices or
employments either perpetually or during the term
NOTE: of the sentence according to the extent of such
1. The exclusion is a mere disqualification disqualification.
from protection, and not for punishment –
the withholding of a privilege, not a denial
of a right. Article 32. Effect of the penalties of perpetual or
2. Perpetual absolute disqualification is temporary special disqualification for the exercise
effective during the lifetime of the convict of the right of suffrage.- The perpetual or
and even after the service of the sentence. temporary special disqualification for the exercise
3. Temporary absolute disqualification is of the right of suffrage shall deprive the offender
effective during the term of sentence and is perpetually or during the term of the sentence,
removed after the service of the same. according to the nature of said penalty, of the right
Exceptions: (1) deprivation of public office to vote in any popular election for any public office
or employment; (2) loss of all rights to or to be elected to such office. Moreover, the
retirement pay or other pension for any offender shall not be permitted to hold any public
office formerly held. office during the period of his disqualification.
4. A plebiscite is not mentioned or
contemplated in Art. 30, par. 2 (deprivation
of the right to vote), hence, the offender
NOTE: Temporary disqualification if imposed is an Effects; Deprivation of the following rights:

accessory penalty. Its duration is that of the 1. Parental rights
principal penalty. 2. Guardianship over the ward
3. Marital authority
Effects of Perpetual and Temporary Special 4. Right to manage property and to dispose of
Disqualification the same by acts inter vivos
1. For public office, profession , or calling
a. Deprivation of the office, employment, Civil interdiction is an accessory penalty to the
profession or calling affected following principal penalties:
b. Disqualification for holding similar 1. If death penalty is commutted to life
offices or employment during the imprisonment
period of disqualification 2. Reclusion perpetua
2. For the exercise of the right of suffrage 3. Reclusion Temporal
a. Deprivation of the right to vote or to be
elected in an office *He can dispose of such property by will or donation
b. Cannot hold any public office during the mortis causa
period of disqualification
Article 35. Effects of bond to keep the peace. - It
Article 33. Effects of the penalties of suspension shall be the duty of any person sentenced to give
from any public office, profession or calling, or the bond to keep the peace, to present two sufficient
right of suffrage. - The suspension from public sureties who shall undertake that such person will
office, profession or calling, and the exercise of the not commit the offense sought to be prevented,
right of suffrage shall disqualify the offender from and that in case such offense be committed they
holding such office or exercising such profession or will pay the amount determined by the court in the
calling or right of suffrage during the term of the judgment, or otherwise to deposit such amount in
sentence. the office of the clerk of the court to guarantee
The person suspended from holding public office said undertaking.
shall not hold another having similar functions The court shall determine, according to its
during the period of his suspension. discretion, the period of duration of the bond.
Should the person sentenced fail to give the bond
Effects: as required he shall be detained for a period which
1. Disqualification from holding such office or shall in no case exceed six months, is he shall have
the exercise of such profession or rights of been prosecuted for a grave or less grave felony,
suffrage during the term of the sentence and shall not exceed thirty days, if for a light
2. Cannot hold another office having similar felony.
functions during the period of suspension
**Bond to keep the peace is different from bail
Article 34. Civil interdiction.- Civil interdiction shall bond which is posted for the provisional release of a
deprive the offender during the time of his person arrested for or accused of a crime. Bond to
sentence of the rights of parental authority, or keep the peace or for good behaviour is imposed as
guardianship, either as to the person or property a penalty in threats.
of any ward, of marital authority, of the right to
manage his property and of the right to dispose of
such property by any act or any conveyance inter Article 36. Pardon; its effect.- A pardon shall not
vivos. work the restoration of the right to hold public
office, or the right of suffrage, unless such rights - May be absolute or conditional
be expressly restored by the terms of the pardon.
A pardon shall in no case exempt the culprit from Pardon by the Offended Party (Art. 23)
the payment of the civil indemnity imposed upon - Crimes against chastity under the RPC
him by the sentence. - Does not extinguish criminal liability
NOTE: although it may constitute a bar to the
1. Pardon by the President does not restore persecution of the offender
the right to public office or suffrage except - Offended party can waive the civil
when both are expressly restored in the liability
pardon. Nor does it exempt one from civil - Only before the institution of the
liability or from payment of civil indemnity. criminal action
2. Limitations to President’s power to pardon: - In adultery, and concubinage must
i. Can be exercised only after final include both offenders
judgment - Cannot validly be made subject to a
ii. Does not tend to cases of condition
impeachment
iii. Does not extinguish civil liability Article 37. Cost; What are included.- Costs shall
include fees and indemnities in the course of the
GENERAL RULE: Pardon granted in general terms judicial proceedings, whether they be fixed or
does not include accessory penalties. unalterable amounts previously determined by law
or regulations in force, or amounts not subject to
EXCEPTIONS: schedule.
1. If the absolute pardon is granted after the
term of imprisonment has expired, it Costs include:
removes all that is left of the consequences 1. Fees
of conviction. However, if the penalty is life 2. Indemnities, in the course of judicial
imprisonment and after the service of 30 proceedings
years, a pardon is granted, the pardon does
not remove the accessory penalty of Article 38. Pecuniary liabilities; Order of payment.-
absolute perpetual disqualification because In case the property of the offender should not be
Art. 30 is silent as to maximum duration of sufficient for the payment of all his pecuniary
perpetual disqualification. liabilities, the same shall be met in the following
order:
2. If the facts and circumstances of the case 1. The reparation of the damage caused.
show that the purpose of the President is to 2. Indemnification of consequential damages.
precisely restore the rights. 3. The fine.
4. The cost of the proceedings.
Pardon by the Chief Executive (Art. 36)

- Any crime, unless otherwise provided Pecuniary liabilities of persons criminally liable, in
by the constitution or the laws the following order:
- Extinguished criminal liability 1. The reparation of the damage caused
- Cannot affect the civil liability ex 2. Indemnification of the consequential
ddelicto of the offender damages
- Only after conviction by final judgment 3. Fines
- Any or all of the accused 4. Cost of proceedings
grave felony, and shall not exceed fifteen

NOTE: days, if for a light felony.
1. This is applicable in case the properties of 3. When the principal imposed is higher than
the offender are not sufficient for the prision correccional, no subsidiary
payment of all his pecuniary liabilities. imprisonment shall be imposed upon the
Hence, if the offender has sufficient or no culprit.
property, there is no use for Article 38. 4. If the principal penalty imposed is not to be
2. Order of payment is mandatory. executed by confinement in a penal
institution, but such penalty is of fixed
Ex. Juan inflicted serious physical injuries against duration, the convict, during the period of
Pedro and took the latter’s watch and ring. He time established in the preceding rules,
incurred P500 worth of hospital bills and failed to shall continue to suffer the same
earn P300 worth of salary. The court also fixed P100 deprivations as those of which the principal
as cost of proceedings against Juan. Given that Juan penalty consists.
only has P1,000 worth of property does not 5. The subsidiary personal liability which the
exempt from execution, it shall first be applied to convict may have suffered by reason of his
the payment of the watch and ring which cannot be insolvency shall not relieve him, from the
returned, at such is covered by “reparation of the fine in case his financial circumstances
damage caused,” thus, no. 1 in the order of should improve. (As amended by RA 5465,
payment. The 500 pesos and 300 pesos are covered April 21, 1969).
by “indemnification of the consequential damage,”
thus, no. 2 in the order of payment. The cost of NOTE:
proceedings worth 100 pesos (no. 4) cannot be 1. When the penalty prescribed is
recovered. imprisonment, it is the penalty actually
imposed by the court, that the penalty
provided by the Code, which should be
Article 39. Subsidiary penalty. - If the convict has considered in determining whether or not
no property with which to meet the fine subsidiary penalty should be imposed.
mentioned in the paragraph 3 of the nest 2. There is no subsidiary penalty for non-
preceding article, he shall be subject to a payment of reparation, indemnification and
subsidiary personal liability at the rate of one day cost in par. 1, 2 and 4 of Art. 38. It is only for
for each eight pesos, subject to the following rules: fines.
1. If the principal penalty imposed be prision 3. Art. 39 applies only when the convict has no
correccional or arresto and fine, he shall property which to meet the fine in par. 3 of
remain under confinement until his fine Art. 38. Thus, a convict who has non exempt
referred to in the preceding paragraph is property enough to meet the fine cannot
satisfied, but his subsidiary imprisonment choose to serve the subsidiary penalty
shall not exceed one-third of the term of instead of payment of the fine.
the sentence, and in no case shall it 4. Subsidiary imprisonment is not an accessory
continue for more than one year, and no penalty. It is covered by Arts. 40-45 of this
fraction or part of a day shall be counted Code. Accessory penalties are deemed
against the prisoner. imposed even when not mentioned, while
2. When the principal penalty imposed be only subsidiary imprisonment must be expressly
a fine, the subsidiary imprisonment shall imposed.
not exceed six months, if the culprit shall
have been prosecuted for a grave or less
Rules as to Subsidiary Penalty date sentence, unless such accessory penalties

1. If the penalty imposed is prision have been expressly remitted in the pardon.
correccional or arresto and fine – subsidiary (Amended by R.A. 9346)
imprisonment is not to exclude 1/3 of the
term of the sentence, and in no case to R.A. 7659 – ACT TO IMPOSE DEATH PENALTY ON
continue for more than 1 year. Fraction or CERTAIN HEINOUS CRIMES
part of a day is not counted.
2. When the penalty imposed is only a fine – Two types of crimes under R.A. 7659
subsidiary imprisonment is: 1. Crimes penalized by relusion perpetua to
 Not to exceed 6 months – if the death; and
culprit is prosecuted for grave or 2. Crimes penalized by mandatory capital
less grave felony, and punishment upon attendance of certain
 Not to exceed 15 days – if specified qualifying circumstances.
prosecuted for light felony
3. When the penalty imposed is higher than HEINOUS – the crimes punishable by death under
prision correccional – no subsidiary R.A. 7659 are heinous for being grievous, odius and
imprisonment hateful offenses and which, by reason of their
4. If the penalty imposed is not to be executed inherent or manifest wickedness, viciousness,
by confinement, but of fixed duration – atrocity and perversity are repugnant and
subsidiary penalties shall consist in the outrageous to the common standards and norms of
same deprivations as those of the principal decency and morality in a just civilized and ordered
penalty, under the same rules as nos. 1, 2 society.
and 3 above.
5. In case the financial circumstances of the CRIMES PENALIZED BY MANDATORY PENALTY OF
convict should improve he shall pay the DEATH
fine, even if the convict suffered subsidiary 1. Qualified Bribery
personal liability therefore. 2. Kidnapping
3. Destructive Arson
Where no subsidiary penalty shall be imposed: 4. Rape with the victim becoming insane, rape
1. The penalty imposed is higher than prision with homicide, and qualified
correccional or 6 years,
2. For non-payment of reparation or R.A. 9346 – ACT PROHIBITING THE IMPOSITION OF
indemnification, DEATH PENALTY IN THE PHILIPPINES
3. For non-payment of cost, and
4. Where the penalty imposed is a fine and Section 2 of the said law provides that in lieu of
another penalty without fixed duration, like death penalty, the following shall be imposed:
censure. 1. The penalty of reclusion perpetua, when
the law violated make use of the
Section Three. - Penalties in which other accessory nomenclature of the penalties of the RPC; or
penalties are inherent 2. The penalty of life imprisonment, when the
law violated does not make use of the
Article 40. Death; Its accessory penalties.- The nomenclature of the penalties of the RPC.
death penalty, when it is not executed by reason
of commutation or pardon shall carry with it that The effect is that all crimes with penalty imposable
of perpetual absolute disqualification and that of by death penalty or those already imposed, are
civil interdiction during thirty years following the automatically commuted to Reclusion Perpetua.
However, such convicts whose penalties are Article 43. Prision correccional; Its accessory
automatically commuted shall not be eligible for penalties.- The penalty of prision correccional shall
parole under Act No. 4103, otherwise known as the carry with it that of suspension from public office,
Indeterminate Sentence Law, as amended. from the right to follow a profession or calling, and
that of perpetual special disqualification from the
DEATH PENALTY WAS NOT ABOLISHED BUT right of suffrage, if the duration of said
MERELY SUSPENDED imprisonment shall exceed eighteen months. The
offender shall suffer the disqualification provided
A reading of Sec 19 (1) of Art. III will readily show in the article although pardoned as to the principal
that there is really nothing therein which expressly penalty, unless the same shall have been expressly
declares the abolition of death penalty. The remitted in the pardon.
provision merely says that the death penalty shall
not be imposed for compelling reasons involving
heinous crimes the Congress hereafter provides for Article 44. Arresto; Its accessory penalties.- The
it and, if already imposed, shall be reduced to penalty of arresto shall carry with it that of
reclusion perpetua. The language, while rather suspension of the right to hold office and the right
awkward, is still plain enough. Nothing more is of suffrage during the term of the sentence.
defining of the true content of Art. III Sec 19 (1) of NOTE:
the 1987 Constitution than the form in which the 1. The accessory penalties in Arts. 40-44 must
legislature took the initiative in re-imposing the be suffered by the offender, although
death penalty. (People vs Echegaray, G.R. No pardoned as to the principal penalties. To
117472, 1997) be relieved of these penalties, they must be
expressly remitted in the pardon.
2. No accessory penalty for destierro.
Article 41. Reclusion perpetua and reclusion 3. The accessory penalties are understood to
temporal; Their accessory penalties.- The penalties be always imposed upon the offender by
of reclusion perpetua and reclusion temporal shall the mere fact that the law fixes a certain
carry with them that of civil interdiction for life or penalty for the crime.
during the period of the sentence as the case may 4. The accessory penalties do not affect the
be, and that of perpetual absolute disqualification jurisdiction of the court in which the
which the offender shall suffer even though information is filed because they do not
pardoned as to the principal penalty, unless the modify or alter the nature of the penalty
same shall have been expressly remitted in the provided by law. What determines
pardon. jurisdiction in criminal cases is the principal
penalty.
Article 42. Prision mayor; Its accessory penalties. - Article 45. Confiscation and forfeiture of the
The penalty of prision mayor, shall carry with it proceeds or instruments of the crime. - Every
that of temporary absolute disqualification and penalty imposed for the commission of a felony
that of perpetual special disqualification from the shall carry with it the forfeiture of the proceeds of
right of suffrage which the offender shall suffer the crime and the instruments or tools with which
although pardoned as to the principal penalty, it was committed.
unless the same shall have been expressly Such proceeds and instruments or tools shall be
remitted in the pardon. confiscated and forfeited in favor of the
Government, unless they be property of a third
person not liable for the offense, but those articles
which are not subject of lawful commerce shall be 1. The instruments belong to innocent third
destroyed. parties
2. Such properties have not been placed under
NOTE: the jurisdiction of the court
CONVICTION BEFORE FORFEITURE; EXCEPTION 3. When it is legally or physically impossible
There can be no confiscation or forfeiture unless
there’s a criminal case filed, tried and accused is
convicted. However, even if the accused is E. APPLICATION OF PENALTIES
acquitted on reasonable doubt, but the instruments
or proceeds are contraband, the judgment of Section One. – Rules for the application of
acquittal shall order their forfeiture for appropriate penalties to the persons criminally liable and for
disposition. the graduation of the same
INDICTMENT REQUIRED TO EFFECT FORFEITURE

Third persons must be indicted to effect Article 46.Penalty to be imposed upon principals in
confiscation of his property. general. - The penalty prescribed by law for the
commission of a felony shall be imposed upon the
PROPERTY OF THIRD PERSONS principals in the commission of such felony.
Instruments of the crime belonging to an innocent Whenever the law prescribes a penalty for a felony
3rd person may be recovered, unless it is is general terms, it shall be understood as
contraband applicable to the consummated felony.
MUST BE SUBMITTED IN EVIDENCE GENERAL RULE – The penalty prescribed by law in

Confiscation can be ordered only if the property is general terms shall be imposed:
submitted in evidence or placed at the disposal of
the court 1. Upon the principals
2. For consummated felony
FINAL ORDER OF FORFEITURE; EFFECT
When the order of forfeiture has become final, the EXCEPTION: When the law fixes a penalty for the
articles which were forfeited cannot be returned, frustrated or attempted felony in cases where law
even in case of an acquittal. considers that the penalty lower by one or two
degrees corresponding to said acts of execution is
NATURE OF CONFISCATION AND FORFEITURE not proportionate to the wrong done.
Confiscation and forfeiture are additional penalties.
When the penalty imposed did not include the The Graduation of Penalties refers to:
confiscation of the goods involved, the subsequent 1. By degree
confiscation and forfeiture of said goods would be a. Stages of execution (consummated,
an additional penalty, amounting to an increase of frustrated, attempted)
the penalty already imposed, thereby placing the b. Degree of the criminal participation of
accused in double jeopardy. In case the accused the offender (principal, accomplice,
appeals, confiscation and forfeiture not ordered by accessory)
the trial court may be imposed by the appellate 2. By period
court. a. (minimum, medium, maximum) – refers
to the proper period of the penalty
When Art. 45 cannot apply: which should be imposed when
aggravating or mitigating circumstances the unanimous vote and signature of only

attend the commission of the crime the remaining justices shall be required.
No death penalty shall be imposed upon

Article 47. In what cases the death penalty shall children in conflict with law under Sec. 59,
not be imposed; Automatic Review of Death RA 9344.
Penalty Cases- The death penalty shall be imposed
in all cases in which it must be imposed under Death penalty not imposed in the following cases:
existing laws, except when the guilty person is 1. Under age - When the offender is under 18
below 18 years of age at the time of the years of age at the time of the commission
commission of the crime or is more than seventy
years of age or when upon appeal or automatic REASON: Minority is always a mitigating
review of the case by the Supreme Court, the circumstance
required majority vote is not obtained for the
imposition of the death penalty, in which case the 2. Over age - when the person is more than
penalty shall be reclusion perpetua. 70 years old at the time RTC sentenced him
3. No court majority – When upon appeal or
In all cases where the death penalty is imposed by automatic review of the case by the SC, the
the trial court, the records shall be forwarded to vote of 8 members is not obtained for the
the Supreme Court for automatic review and imposition of death.
judgment by the court en banc, within 20 days but
not earlier then 15 days after the promulgation of Justification for the death penalty:
the judgment or notice of denial of any motion for Social defense and exemplarity. Not considered
new material or reconsideration. The transcript cruel and unusual because it does not involve
shall also be forwarded within 10 days after the torture or lingering death.
filing thereof by the stenographic reporter.
(Amended by RA 9346) Crimes punishable by death under the Death
Penalty Law (R.A. 7659):
NOTE: 1. Treason
In the following cases: 2. Qualified Piracy
1. When the guilty person be more than 3. Qualified Bribery
seventy years of age. 4. Parricide
2. When upon appeal or revision of the case by 5. Murder
the Supreme court, all the members 6. Infanticide
thereof are not unanimous in their voting 7. Kidnapping and serious illegal detention
as to the propriety of the imposition of the 8. Robbery with homicide, rape, intentional
death penalty. For the imposition of said mutilation or arson
penalty or for the confirmation of a 9. Rape – with the use of a deadly weapon or
judgment of the inferior court imposing the by 2 or more persons; where the victim
death sentence, the Supreme Court shall become insane; with homicide
render its decision per curiam, which shall 10. Qualified Rape
be signed by all justices of said court, unless 11. Destructive Arson
some member or members thereof shall 12. Plunder
have been disqualified from taking part in 13. Violation of certain provision of the
the consideration of the case, in which even Dangerous Drug Act
14. Carnapping
1. When 2 persons are killed one after the

 Imposition of death penalty is suspended another, by different acts, although these 2
by R.A. 9346. The effect is that all crimes killings where the result of a single criminal
with penalty imposable by death penalty impulse. The different acts must be
or those already imposed, are considered as distinct crimes.
automatically commuted to reclusion 2. When that acts are wholly different, not
perpetua. However, such convicts whose only in themselves, but also because they
penalties are automatically commuted are directed against 2 different persons, as
shall not be eligible for parole. when one fires his gun twice in succession,
killing one and injuring the other.
Article 48. Penalty for complex crimes. - When a

single act constitutes two or more grave or less
grave felonies, or when an offense is a necessary
means for committing the other, the penalty for
the most serious crime shall be imposed, the same NOTE:
to be applied in its maximum period. Singlepurpose resulting in several acts
For the attainment of a single purpose which
COMPLEX CRIME – Although there actually are 2 or constitutes an offense, various acts are executed,
more crimes, the law treats them as constituting such acts must be considered only as one offense.
only one – as there is only one criminal intent. Only
one information need be filed. WHEN IN OBEDIENCE to an order, several accused
simultaneously shot many persons, without
2 Kinds of Complex Crimes: evidence how many each killed, there is only a
1. Compound Crimes – Single act constitutes single offense, there being a single criminal impulse.
2 or more grave or less grave felonies This ruling will only apply when there is no evidence
Requisites: to show the number of persons killed by each of
a. That only one single act is performed by several defendants.
the offender
b. That the single act produces ONE OFFENSE NOT PROVEN
i. 2 or more grave felonies When a complex crime is charged and one offense is
ii. 1 or more grave and 1 or more not proves, the accused can be convicted of the
less grave felonies other offense.
iii. 2 or more less grave felonies
NO COMPLEX CRIME OF ARSON WITH HOMICIDE.
2. Complex Crime Proper – When an offense There is also no complex crime of rebellion with
is a necessary means for committing murder or other common crimes.
another
Requisites: DETERMINATION OF OFFENSE COMMITTED;
a. That at least 2 offenses are committed PURPOSE TEST
b. That one or some of the offenses must Kidnapping the victim to murder him in a secluded
be necessary to commit the other place because of non payment of ransom –
c. That both or all the offenses be kidnapping was a necessary means to commit
punished under the same statute murder but where the victim was taken from his
home but it was solely for the purpose of killing him
NO SINGLE ACT IN THE FOLLOWING CASES:
and not for detaining him illegally or for the PENALTY INCLUDE IMPRISONMENT OR FINE
purpose of ransom, the crime is simple murder. When two felonies constituting a complex crime are
punishable by imprisonment and fine, respectively,
“NECESSARY MEANS” only the penalty of imprisonment shall be imposed.
“Necessary means” does not mean “indispensible Reason: Fine is not included in the list of penalties in
means”. Indispensible would mean it is an element the order of severity and it is the last in the
of the crime. graduated scales in Art. 71.
SINGLE ACT CONSTITUTING ONE GRAVE FELONY PENALTY IS IMPRISONMENT OR FINE

AND ONE LESS GRAVE FELONY When a single act constitutes 2 grave or less grave
It is not a complex crime when trespass to dwelling or 1 grave and another less grave, and the penalty
it is a direct means to commit a grave offense. Like for one is imprisonment while that for the other is
rape, there is no complex crime of trespass to fine, the severity of the penalty for the most serious
dwelling with rape. Trespassing be considered as crime should not be judged by the classification of
aggravating (unlawful entry or breaking part of a each of the penalties involved, but by the nature of
dwelling). the penalties. In the order of severity of the
penalties, arresto mayor and arresto menor are
WHEN TO CONSIDER ONE ACT RESULTING TO TWO considered more severe than destierro and arresto
OR MORE FELONIES AS SEPARATE CRIMES menor is higher in dgree than destierro.
When the offender has in his possession the funds
which he misappropriated, the falsification of a There is NO COMPLEX CRIME in the following:
public official document involving said funds is a 1. In case of continuing crimes because only
separate offense. But when the offender has to ONE offense is committed.
falsify a public or official document to obtain 2. When one offense is committed to conceal
possession of the funds which he misappropriated, the other.
the falsification is necessary means to commit 3. When the other crime is an indispensible
malversation. part or an element of the other offenses as
defined.
JURISDICTION; THE COURT HAVING JURISDICTION 4. Where one of the offenses is penalized by a
OVER THE OFFENSE WITH A HIGHER PENALTY special law.
When 2 crimes produce by a single act are 5. When the law provides on single penalty for
respectively within the exclusive jurisdiction of two special complex crime:
courts of different jurisdiction, the court which has a. Robbery with Homicide
jurisdiction over the offense with higher penalty b. Robbery with Rape
shall have jurisdiction of the complex crime. c. Rape with Homicide
d. Kidnapping with Serious Physical
PENALTY FOR COMPLEX CRIME: Injuries
PENALTY FOR THE MOST SERIOUS OFFENSE e. Kidnapping with Homicide
The penalty for complex crime is the penalty for the
most serious crime in its maximum period. If the PLURALITY OF CRIMES – consists in the successive
different crimes resulting from one single act are execution by the same individual of different
punished with the same penalty, the penalty for criminal acts upon any of which no conviction has
any one of them shall be imposed in the maximum yet been declared.
period. The same rule shall be observed when an
offense is a necessary means to commit the other.
Kinds of plurality of crimes:
1. Formal or Ideal – only one criminal liability 2. If the penalty prescribed for the felony
Formal of Ideal crimes are further divided into three committed be lower than that
groups, where a person committing multiple crimes corresponding to the one which the
is punished with only one penalty: accused intended to commit, the penalty
a. Complex crimes defined in Art. 48 for the former shall be imposed in its
b. When the law specifically fixes a single maximum period.
penalty for 2 or more offenses 3. The rule established by the next preceding
committed paragraph shall not be applicable if the acts
c. Continued crimes committed by the guilty person shall also
2. Real or Material – there are different constitute an attempt or frustration of
crimes in law and in the conscience of the another crime, if the law prescribes a
offender. In such cases, the offender shall higher penalty for either of the latter
be punished for each and every offense offenses, in which case the penalty
committed. provided for the attempted or the
frustrated crime shall be imposed in its
CONTINUED CRIME – A single crime consisting of a maximum period.
series of acts but all arising from one criminal
resolution. Although there is a series of acts, there NOTE: ARTICLE 49 AND ARTICLE 4
is only one crime committed, so only on epenalty Article 49 has reference to the provision of Article 4
shall be imposed. on criminal liability of “any person committing a
felony although the wrongful act done be different
NOTE: A continued crime is not a complex crime, as from that which he intended.”
the offender does not perform a single act but a
series of acts. Therefore: Art. 49 is a applicable only in cases when there is a
a. penalty not be imposed in the maximum mistake in identity of the victim of the crime (error
b. no actual provision punishing continued in personae) and the penalty for the crime
crime – it is a principal applied in committed is different from that for the crime
connection with 2 or more crimes intended to be committed. It has no application
committed in a single intention. where a more serious consequence not intended by
the offender befalls the same person.
NOTE: A continued (continuous or continuing)
crime is different from a transitory crime. Transitory LOWER PENALTY IS IMPOSED
crime is “moving crime”. In Art. 49, pars. 1 and 2, the lower penalty in its
maximum period is always imposed.
Article 49. Penalty to be imposed upon the
principals when the crime committed is different Article 50. Penalty to be imposed upon principals
from that intended. - In cases in which the felony of a frustrated crime.- The penalty next lower in
committed is different from that which the degree than that prescribed by law for the
offender intended to commit, the following rules consummated felony shall be imposed upon the
shall be observed: principal in a frustrated felony.
1. If the penalty prescribed for the felony
committed be higher than that
corresponding to the offense which the Article 51. Penalty to be imposed upon principals
accused intended to commit, the penalty of attempted crimes.- A penalty lower by two
corresponding to the latter shall be degrees than that prescribed by law for the
imposed in its maximum period.
consummated felony shall be imposed upon the attempted felony shall be imposed upon the
principals in an attempt to commit a felony. accessories to the attempt to commit a felony.
Article 52. Penalty to be imposed upon APPLICATION OF ARTICLE 50 TO 57

accomplices in consummated crime.- The penalty General Rule: The penalty prescribed by law in
next lower in degree than that prescribed by law general terms shall be imposed:
for the consummated shall be imposed upon the 1. Upon the principals
accomplices in the commission of a consummated 2. For consummated felony
felony.
Exception: When the law fixes a penalty for the
frustrated or attempted felony in cases where law
Article 53. Penalty to be imposed upon accessories considers that the penalty lower by one or two
to the commission of a consummated felony.- The degrees corresponding to said acts of execution is
penalty lower by two degrees than that prescribed not proportionate to the wrong done.
by law for the consummated felony shall be
imposed upon the accessories to the commission
of a consummated felony. Degree
- one whole penalty, one entire penalty
or one unit of the penalties enumerated
Article 54. Penalty to imposed upon accomplices in in the graduated scales provided for in
a frustrated crime.- The penalty next lower in Art. 71.
degree than prescribed by law for the frustrated - Refers to the penalty imposable for a
felony shall be imposed upon the accomplices in felony committed considering the
the commission of a frustrated felony. stages of execution and the degree of
participation of the offender
-
Article 55. Penalty to be imposed upon accessories Period
of a frustrated crime.- The penalty lower by two - Refers to the duration of the penalty
degrees than that prescribed by law for the consisting of maximum, medium, and
frustrated felony shall be imposed upon the minimum after considering the
accessories to the commission of a frustrated presence or absence of aggravating
felony. circumstances
Article 56. Penalty to be imposed upon Article 58. Additional penalty to be imposed upon
accomplices in an attempted crime. - The penalty certain accessories.- Those accessories falling
next lower in degree than that prescribed by law within the terms of paragraphs 3 of Article 19 of
for an attempt to commit a felony shall be this Code who should act with abuse of their public
imposed upon the accomplices in an attempt to functions, shall suffer the additional penalty of
commit the felony. absolute perpetual disqualification if the principal
offender shall be guilty of a grave felony, and that
of absolute temporary disqualification if he shall be
Article 57. Penalty to be imposed upon accessories guilty of a less grave felony.
of an attempted crime. - The penalty lower by two
degrees than that prescribed by law for the Limitations of Art. 58
1. Limited only to grave and less grave Article 60. Exception to the rules established in
felonies since there are no accessories for Articles 50 to 57.- The provisions contained in
light felonies Articles 50 to 57, inclusive, of this Code shall not be
2. Limited to those whose participation in the applicable to cases in which the law expressly
crime is characterized by the misuse of prescribes the penalty provided for a frustrated or
public office or authority attempted felony, or to be imposed upon
accomplices or accessories.
Additional penalties for public officers who are
accessories: Two cases where the accomplice is punished with
1. Absolute Perpetual Disqualification, if the the same penalty imposed upon the principal:
principal offender is guilty of a grave felony 1. Ascendants, guardians, curators, teachers,
2. Absolute Temporary Disqualification, if the and any person who, by abuse of authority
principal offender is guilty of less grave or confidential relationship, shall cooperate
felony as accomplices in the crimes of rape, acts of
lasciviousness, seduction, corruption of
minors, white slave trade or abduction.
2. One who furnished the place for the
Article 59. Penalty to be imposed in case of failure perpetration of the crime of slight illegal
to commit the crime because the means employed detention.
or the aims sought are impossible.- When the
person intending to commit an offense has already NOTE: Accessory punished as principal: Art. 142 –
performed the acts for the execution of the same punishes an accessory for knowingly concealing
but nevertheless the crime was not produced by certain evil practices
reason of the fact that the act intended was by its
nature one of impossible accomplishment or Cases where penalty imposed on accessories are
because the means employed by such person are one degree lower instead of two degrees:
essentially inadequate to produce the result 1. Knowingly using counterfeited seal or
desired by him, the court, having in mind the forged signature or stamp of the President
social danger and the degree of criminality shown of the Republic
by the offender, shall impose upon him the 2. Illegal possession and use of false treasury
penalty of arresto mayor or a fine from 200 to 500 or bank note
pesos. 3. Use of falsified document
4. Use of falsified dispatch
NOTE:
 The penalty for impossible crime is
arresto mayor (imprisonment of 1 Article 61. Rules for graduating penalties. - For the
month and 1 day to 6 months) or purpose of graduating the penalties which,
fine ranging from 200-500 pesos according to the provisions of Articles 50 to 57,
 Art. 59 is limited to grave and less inclusive, of this Code, are to be imposed upon
grave felonies persons guilty as principals of any frustrated or
 In relation to Art. 4, this article is attempted felony, or as accomplices or accessories,
limited to offenses against persons the following rules shall be observed:
and property
1. When the penalty prescribed for the felony is
single and indivisible, the penalty next lower in
degrees shall be that immediately following
that indivisible penalty in the respective penalty by one or two degrees by reason of the
graduated scale prescribed in Article 71 of this presence of the privileged mitigating circumstance,
Code. or when the penalty is divisible and there are two or
more mitigating circumstances and there are no
2. When the penalty prescribed for the crime is aggravating circumstances.
composed of two indivisible penalties, or of
one or more divisible penalties to be impose Graduated Scale in Art. 61:
to their full extent, the penalty next lower in I. Indivisible Penalties
degree shall be that immediately following the 1. Death
lesser of the penalties prescribed in the 2. Reclusion Perpetua
respective graduated scale.
II. Divisible Penalties: (maximum,
3. When the penalty prescribed for the crime is medium, minimum)
composed of one or two indivisible penalties 1. Reclusion Temporal
and the maximum period of another divisible 2. Prision Correccional
penalty, the penalty next lower in degree shall 3. Arresto Mayor
be composed of the medium and minimum 4. Destierro
periods of the proper divisible penalty and the 5. Arresto Menor
maximum periods of the proper divisible 6. Public Censure
penalty and the maximum period of that 7. Fine
immediately following in said respective
graduated scale.
Rules to be observed in lowering the penalty by
4. When the penalty prescribed for the crime is one or two degrees:
composed of several periods, corresponding to
different divisible penalties, the penalty next Rule No.1: When the penalty is single and indivisible
lower in degree shall be composed of the (ex. Reclusion Perpetua) the penalty next lower shall
period immediately following the minimum be Reclusion Temporal.
prescribed and of the two next following,
which shall be taken from the penalty Rule No. 2:
prescribed, if possible; otherwise from the 1. When the penalty is composed of 2
penalty immediately following in the above indivisible penalties; or
mentioned respective graduated scale. 2. When the penalty is composed of one or
more divisible penalties to be imposed to
5. When the law prescribes a penalty for a crime in their full extent
some manner not especially provided for in - The penalty next lower in degree shall
the four preceding rules, the courts, be that immediately following the lesser
proceeding by analogy, shall impose of the penalties prescribed
corresponding penalties upon those guilty as
principals of the frustrated felony, or of Rule No. 3: When the penalty is composed of 1 or 2
attempt to commit the same, and upon indivisible penalties and the maximum period of a
accomplices and accessories. divisible penalty.
Ex. Penalty for murder is reclusion temporal to
The rules provided in this Article should also apply death. The point of reference will be on the proper
in determining the minimum of the Indeterminate divisible penalty which is Reclusion Temporal. Under
Sentence Law (ISL). It also applies in lowering the the 3rd rule, the penalty next lower to reclusion
temporal is composed of the medium and minimum 1(a). When in the commission of the crime,
periods of Reclusion Temporal and the maximum advantage was taken by the offender of his public
period of prision mayor. position, the penalty to be imposed shall be in its
maximum regardless of mitigating circumstances.
Rule No. 4
1. If the penalty prescribed in the Code The maximum penalty shall be imposed if the
consists of three periods corresponding to offense was committed by any person who belongs
different divisible penalties, the penalty to an organized/syndicate crime group.
next lower is that consisting in the three
periods down the scale. An organized/syndicate crime group means a
2. If the penalty prescribed in the Code group of two or more persons collaborating,
consists of two periods, the penalty next confederating or mutually helping one another for
lower is that consisting two periods down purposes of gain in the commission of any crime.
the scale (As amended by RA No. 7659).
3. If the penalty prescribed in the Code
consists in only one period, the penalty 2. The same rule shall apply with respect to
next lower is the next period down in the any aggravating circumstance inherent in
scale. the crime to such a degree that it must of
necessity accompany the commission
NOTE: Mitigating and aggravating circumstances thereof.
are first disregarded in the application of the rules
for graduating penalties. It is only after the penalty 3. Aggravating or mitigating circumstances
next lower in degree is already determined that the which arise from the moral attributes of
mitigating and aggravating circumstances should be the offender, or from his private relations
considered. with the offended party, or from any other
personal cause, shall only serve to
Section 2 – Rules for the application of penalties aggravate or mitigate the liability of the
with regard to the mitigating and aggravating principals, accomplices and accessories as
circumstances, and habitual delinquency to whom such circumstances are
attendant.
Article 62. Effect of the attendance of mitigating or
aggravating circumstances and of habitual 4. The circumstances which consist in the
delinquency.- Mitigating or aggravating material execution of the act, or in the
circumstances and habitual delinquency shall be means employed to accomplish it, shall
taken into account for the purpose of diminishing serve to aggravate or mitigate the liability
or increasing the penalty in conformity with the of those persons only who had knowledge
following rules: of them at the time of the execution of the
act or their cooperation therein.
1. Aggravating circumstances which in
themselves constitute a crime specially 5. Habitual delinquency shall have the
punishable by law or which are included following effects:
by the law in defining a crime and
prescribing the penalty therefor shall not (a) Upon a third conviction the culprit shall be
be taken into account for the purpose of sentenced to the penalty provided by law
increasing the penalty. for the last crime of which he be found
guilty and to the additional penalty of
prision correccional in its medium and

maximum periods; Par. 4: The circumstances which consist of the
following shall serve to aggravate and mitigate the
(b) Upon a fourth conviction, the culprit shall liability only of those who had knowledge of them at
be sentenced to the penalty provided for the the time of the commission of the offense.
last crime of which he be found guilty and to 1. Material execution of the act
the additional penalty of prision mayor in its 2. Means employed to accomplish the crime
minimum and medium periods; and
Par. 5:Habitual Delinquent is a person who within
(c) Upon a fifth or additional conviction, the the period of 10 years from the date of his (last)
culprit shall be sentenced to the penalty release or last conviction of the crimes of:
provided for the last crime of which he be 1. Falsification
found guilty and to the additional penalty of 2. Robbery
prision mayor in its maximum period to 3. Estafa
reclusion temporal in its minimum period. 4. Theft
5. Serious or less serious physical injuries is
Notwithstanding the provisions of this article, the found guilty of any of the said crimes a third
total of the two penalties to be imposed upon the time or oftener
offender, in conformity herewith, shall in no case
exceed 30 years. NOTE:
1. Effects of the circumstances:
For the purpose of this article, a person shall be  Aggravating circumstances (generic
deemed to be habitual delinquent, is within a and specific) increase the penalty,
period of ten years from the date of his release or without however exceeding the
last conviction of the crimes of serious or less maximum period provided by law
serious physical injuries, robo, hurto, estafa or  Mitigating circumstances diminish
falsification, he is found guilty of any of said the penalty
crimes a third time or oftener.  Habitual delinquency increases the
penalty because of recidivism which
Par. 1: Aggravating circumstances are not to be is generally implies in habitual
taken into account when: delinquency, and also imposes an
1. They themselves constitutes a crime. additional penalty
Ex. By “means of fire” – arson 2. Ten year period to be computed from the
2. They are included by law in the definition of time of last release or conviction.
a crime 3. Subsequent crime must be committed after
conviction of the former crime. Cases till
Par. 2: Same rules apply when the aggravating pending are not to be taken into
circumstance is inherent in the crime. consideration.
Par. 3: Aggravating or mitigating circumstances Requisites of Habitual Delinquency:

arising from any of the following affect only those 1. The offender was convicted of serious or
to whom such circumstances are attendant: less serious physical injuries, robbery, theft,
1. From the moral attributes of the offender estafa or falsification.
2. From his private relations with the 2. After conviction or after serving his
offended party sentence, he again committed, and, within
3. Form any other personal cause 10 years from his release or first conviction,
he again convicted of any of the said crimes present gives rise to the imposition of
for the second time. additional penalty.
3. After his conviction or after serving 12. Penalty for habitual delinquency is a real
sentence for the second offense, he again penalty that determines jurisdiction.
committed, and, within 10 years from his 13. A habitual delinquent is necessarily a
last release or last conviction, he was again recidivist.
convicted of any of said offenses, the third 14. In imposing the additional penalty,
time or oftener. recidivism is not aggravating. The additional
penalty must be imposed in its minimum.
Rulings on Habitual Delinquency: 15. An offender can be habitual delinquent
1. The law does not contemplate the without being a recidivist, when no two of
exclusion from the computation of prior the crimes committed are embraced in the
conviction those falling outside the 10-year same Title of this Code.
period immediately preceding the crime for
which the defendant is being tried. NOTE:
2. Ten-year period is counted not from the 1. The total of the penalty for the last crime
date of commission of the subsequent and the additional penalty for being a
offense but from the date of conviction habitual delinquent shall not exceed 30
thereof in relation to the date of his last years.
release or last conviction. 2. Imposition of such additional penalties is
3. When an offender has committed several mandatory.
crimes mentioned in the definition of
habitual delinquent, without being first
convicted of any of them before
committing the others, he is not a habitual Article 63. Rules for the application of indivisible
delinquent. penalties.- In all cases in which the law prescribes a
4. Convictions on the same day or at about single indivisible penalty, it shall be applied by the
the same time are considered as one only. courts regardless of any mitigating or aggravating
5. Crimes committed on the same date, circumstances that may have attended the
although convictions were on different commission of the deed.
dates are considered as one.
6. Precious convictions are considered every In all cases in which the law prescribes a penalty
time a new offense is committed. composed of two indivisible penalties, the
7. Commissions of those crimes need not be following rules shall be observed in the application
consummated. thereof:
8. Habitual delinquency applies to accomplice
and accessories. 1. When in the commission of the deed there is
9. A crime committed during the minority of present only one aggravating circumstance, the
the offender is not counted because greater penalty shall be applied.
proceedings as regards that crime are
suspended. 2. When there are neither mitigating nor
10. Modifying circumstances are applicable to aggravating circumstances and there is no
additional penalty. aggravating circumstance, the lesser penalty shall
11. Habitual delinquency is not a crime. It is be applied.
simply a fact or circumstance which if
3. When the commission of the act is attended by b. One mitigating circumstance present –
some mitigating circumstances and there is no lower penalty
aggravating circumstance, the lesser penalty shall c. Some mitigating circumstance present
be applied. and no aggravating circumstance –
lower penalty
4. When both mitigating and aggravating d. Mitigating and Aggravating
circumstances attended the commission of the act, circumstance are present – basis in
the court shall reasonably allow them to offset number and importance
one another in consideration of their number and
importance, for the purpose of applying the NOTE:
penalty in accordance with the preceding rules, 1. Art. 63 applies only when the penalty
according to the result of such compensation. prescribed by the Code is either one
indivisible penalty or 2 indivisible penalties.
In all cases in which the law prescribes a penalty 2. Par. D: the moral value rather than the
composed of two indivisible penalties, the following numerical weight shall be taken into
rules shall be observed in the application thereof: account.
1. When in the commission of the deed there is GENERAL RULE: When the penalty is composed of 2
present only one aggravating circumstance, indivisible penalties (Ex. Reclusion Perpetual to
the greater penalty shall be applied. Death), the penalty cannot be lowered by on
2. When there are neither mitigating nor degree, no matter how many mitigating
aggravating circumstances and there is no circumstances are present.
aggravating circumstance, the lesser EXCEPTION: In cases of privileged mitigating
penalty shall be applied. circumstances.
3. When the commission of the act is attended
by some mitigating circumstances and
there is no aggravating circumstance, the Article 64. Rules for the application of penalties
lesser penalty shall be applied. which contain three periods. - In cases in which the
4. When both mitigating and aggravating penalties prescribed by law contain three periods,
circumstances attended the commission of whether it be a single divisible penalty or
the act, the court shall reasonably allow composed of three different penalties, each one of
them to offset one another in consideration which forms a period in accordance with the
of their number and importance, for the provisions of Articles 76 and 77, the court shall
purpose of applying the penalty in observe for the application of the penalty the
accordance with the preceding rules, following rules, according to whether there are or
according to the result of such are not mitigating or aggravating circumstances:
compensation.
1. When there are neither aggravating nor
Rules of application of indivisible penalties: mitigating circumstances, they shall impose
1. Penalty is single and indivisible – applied the penalty prescribed by law in its
regardless of the presence of aggravating medium period.
and mitigating circumstances
2. Penalty composed of two indivisible 2. When only a mitigating circumstances is
penalties present in the commission of the act, they
a. One aggravating circumstance present shall impose the penalty in its minimum
– higher penalty period.
3. When an aggravating circumstance is NOTE:

present in the commission of the act, they 1. Art. 64 applies when the penalty has 3
shall impose the penalty in its maximum periods because they are divisible. If the
period. penalty is composed of 3 different penalties,
each forms a period (Art. 77)
4. When both mitigating and aggravating 2. Par. 4: the mitigating circumstances must be
circumstances are present, the court shall ordinary, not privileged. The aggravating
reasonably offset those of one class circumstances must be generic or specific,
against the other according to their not qualifying or inherent.
relative weight. 3. Court has discretion to impose the penalty
within the limits fixed by law.
5. When there are two or more mitigating 4. Art. 64 not applicable when the penalty is
circumstances and no aggravating indivisible or prescribed by special law or a
circumstances are present, the court shall fine.
impose the penalty next lower to that 5. Cases where the attending aggravating or
prescribed by law, in the period that it mitigating circumstances are not considered
may deem applicable, according to the in the imposition of penalties:
number and nature of such circumstances. a. Penalty that is single and indivisible
b. Felonies through negligence
6. Whatever may be the number and nature of c. Where the penalty is only a fine
the aggravating circumstances, the courts imposed by an ordinance (Art. 66)
shall not impose a greater penalty than d. Penalty is prescribed by a special law
that prescribed by law, in its maximum
period.
Article 65. Rule in cases in which the penalty is not
7. Within the limits of each period, the court composed of three periods. - In cases in which the
shall determine the extent of the penalty penalty prescribed by law is not composed of three
according to the number and nature of the periods, the courts shall apply the rules contained
aggravating and mitigating circumstances in the foregoing articles, dividing into three equal
and the greater and lesser extent of the portions of time included in the penalty prescribed,
evil produced by the crime. and forming one period of each of the three
portions.
Rules for the application of Divisible Penalties:
1. No aggravating and mitigating circumstance COMPUTATION
– medium period
2. One mitigating circumstance – minimum Example: Prision Mayor (6 years, 1 day to 12 years)
period 1. Subtract the minimum (disregard 1 day)
3. One aggravating circumstance – maximum from the maximum
period 12 years – 6 years = 6 years
4. Mitigating and aggravating circumstance 2. Divide the difference by 3.
offset each other according to relative 6 years/3 = 2 years
weight 3. Use the minimum (6 years and 1 day) as
5. 2 or more mitigating without any the minimum of the minimum period.
aggravating circumstance – one degree Then add 2 years (disregarding the 1
lower
day) to the minimum to get the Example: Prision Mayor minimum (6 years 1 day to 8
maximum of the medium period. years)
6 years (minimum of the minimum) 1. Subtract minimum from the maximum
+ 2 years (difference) 8 years – 6 years = 2 years
2. Divide the difference by 3.
= 8 years (maximum of the minimum) 2 years/3 = 8 months
3. Use the minimum of the given example as
Therefore, minimum period of the minimum period. Then to get the
prision mayor = 6 years 1 day to 8 maximum of the minimum, add 8 months.
years 6 years + 8 months
4. Use the maximum of the minimum Therefore, the minimum of prision mayor =
period as the minimum of the medium 6 years 1 day to 6 years 8 months
period and add 1 day to distinguish
from the minimum period. Then add 2 4. Use the maximum of the minimum as the
years to the minimum of the medium minimum of the medium period. Add 1 day
(disregarding 1 day) to get the to distinguish it from the maximum of the
maximum of the medium period. minimum. Add 8 months and this becomes
8 years (minimum of the medium) the maximum of the medium period.
+ 2 years (difference) 6 years 8 months + 8 months =
7 years 4 months
= 10 years (maximum of the medium)
Therefore, the medium period of prision mayor = 6
Therefore, medium period of years 8 months 1 day to 7 years 4 months
prision mayor = 8 years 1 day to 10
years 5. Use the maximum of the medium period as
the minimum of the maximum period and
5. Use the maximum of the medium add 1 day to distinguish it from the
period as the minimum of the maximum of the medium period. Add 8
maximum period, and add 1 day to months to get the maximum of the
distinguish it from the maximum of the maximum period
medium period. Then add 2 years to 7 years 4 months + 8 months =
the minimum of the maximum period 8 years
(disregarding the 1 day) to get the
maximum of the maximum perid. Therefore, maximum of prision mayor = 7 years
10 years (maximum of the medium) 4 months 1 day to 8 years
+ 2 years (difference)
= 12 years (maximum of the maximum) Article 66. Imposition of fines. - In imposing fines
the courts may fix any amount within the limits
Therefore, maximum period of prision established by law; in fixing the amount in each
mayor = 10 years 1 day to 12 years case attention shall be given, not only to the
*Computation is applicable to all others except mitigating and aggravating circumstances, but
arresto mayor more particularly to the wealth or means of the
culprit.
Article 68. Penalty to be imposed upon a person

RULES: under eighteen years of age.- When the offender is
1. The Court can ix any amount of the fine a minor under eighteen years and his case is one
within the limits established by law. coming under the provisions of the paragraphs
2. Factors that must be considered: next to the last of Article 80 of this Code, the
a. Mitigating and aggravating circumstances following rules shall be observed:
b. More particularly, the wealth and means
of the culprit 1. Upon a person under fifteen but over nine
3. Factors that MAY be considered: years of age, who is not exempted from
a. Gravity of the crime committed liability by reason of the court having
b. Heinousness of its perpetration declared that he acted with discernment, a
c. Magnitude of its effects on the offender’s discretionary penalty shall be imposed, but
victims (People vs. Manuel, 1957 CA case) always lower by two degrees at least than
that prescribed by law for the crime which
NOTE: When the minimum of the fine is not fixed, he committed.
the court shall have the discretion, provide it does
not exceed the amount authorized by law. 2. Upon a person over fifteen and under
eighteen years of age the penalty next
lower than that prescribed by law shall be
Article 67. Penalty to be imposed when not all the imposed, but always in the proper period.
requisites of exemption of the fourth circumstance
of Article 12 are present.- When all the conditions NOTE: Art. 68 applies to such if while in the
required in circumstances Number 4 of Article 12 reformatory institution he becomes incorrigible, in
of this Code to exempt from criminal liability are which case he shall be returned to the court for the
not present, the penalty of arresto mayor in its imposition of the proper penalty. (Under R.A. 9344,
maximum period to prision correccional in its there is automatic suspension of sentence;
minimum period shall be imposed upon the culprit application for suspension of sentence is not
if he shall have been guilty of a grave felony, and necessary)
arresto mayor in its minimum and medium
periods, if of a less grave felony. Art. 68 provides for 2 privileged mitigating
circumstances:
Requisitesof Article 12, par. 4 (exempting 1. If the act is attended by two or more
circumstance of accident) mitigating circumstances and no aggravating
1. Act causing the injury must be lawful circumstance, the penalty being divisible, a
2. Act performed with due care minor over 15 but under 18 may still get a
3. Injury was caused by mere accident penalty two degrees lower.
4. No fault or intention to cause injury 2. Under 15 but over 9 and has acted with
discretion: discretionary penalty but always
NOTE: If these conditions are not all present, then 2 degrees lower than that prescribed by law
the following penalties shall be imposed: 3. Under 18 but over 15: 1 degree lower
1. Grave felony – arresto mayor max to prision
correccional min
2. Less grave felony – arresto mayor min to Article 69. Penalty to be imposed when the crime
arresto mayor med committed is not wholly excusable.- A penalty
lower by one or two degrees than that prescribed
by law shall be imposed if the deed is not wholly
excusable by reason of the lack of some of the 12. Public censure.

conditions required to justify the same or to
exempt from criminal liability in the several cases Notwithstanding the provisions of the rule next
mentioned in Article 11 and 12, provided that the preceding, the maximum duration of the convict's
majority of such conditions be present. The courts sentence shall not be more than three-fold the
shall impose the penalty in the period which may length of time corresponding to the most severe of
be deemed proper, in view of the number and the penalties imposed upon him. No other penalty
nature of the conditions of exemption present or to which he may be liable shall be inflicted after
lacking. the sum total of those imposed equals the same
maximum period.
PENALTY UNDER ART. 69: 1 or 2 degrees lower if
the majority of the conditions for justification or Such maximum period shall in no case exceed forty
exemption in the cases provided in Arts. 11 and 12 years.
are present.
In applying the provisions of this rule the duration
of perpetual penalties (pena perpetua) shall be
Article 70. Successive service of sentence.- When computed at thirty years. (As amended by Com.
the culprit has to serve two or more penalties, he Act No. 217).
shall serve them simultaneously if the nature of
the penalties will so permit otherwise, the THREE FOLD RULE
following rules shall be observed: If an accused has to serve more than 3 sentences,
he cannot be sentenced to more than 3 times the
In the imposition of the penalties, the order of most severe penalty that may be imposed on him
their respective severity shall be followed so that for the various crimes he might have committed.
they may be executed successively or as nearly as
may be possible, should a pardon have been Purpose: (as well as of the 40 – year limit) To avoid
granted as to the penalty or penalties first the absurdity of a man being sentenced to
imposed, or should they have been served out. imprisonment for a longer period than his natural
life.
For the purpose of applying the provisions of the
next preceding paragraph the respective severity NOTE:
of the penalties shall be determined in accordance  Applies although the penalties were
with the following scale: imposed for different crimes, at different
1. Death, times, and under separate informations.
2. Reclusion perpetua,  If the sentence is indeterminate, the basis of
3. Reclusion temporal, the three fold rule is the maximum
4. Prision mayor, sentence.
5. Prision correccional,
6. Arresto mayor, THREE FOLD RULE:
7. Arresto menor, 1. The maximum duration of the convict’s
8. Destierro, sentence shall not exceed 3 times the length
9. Perpetual absolute disqualification, of time corresponding to the most severe of
10 Temporal absolute disqualification. the penalties imposed upon him.
11. Suspension from public office, the right to 2. But in no case to exceed 40 years
vote and be voted for, the right to follow a 3. This rule shall apply only when the convict is
profession or calling, and to serve 4 or more sentences successively.
4. Subsidiary imprisonment shall be excluded 2. Reclusion perpetua,

in computing for the maximum duration. 3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
SUBSIDIARY IMPRISONMENT 6. Arresto mayor,
Failure to pay the pecuniary penalty subject the 7. Destierro,
accused to subsidiary imprisonment. 8. Arresto menor,
9. Public censure,
Different Systems of Penalty (relative to the 10. Fine.
execution of 2 or more penalties imposed on the
same accused): SCALE NO. 2
1. Material accumulation system 1. Perpetual absolute disqualification,
- No limitation whatsoever, and all the 2. Temporal absolute disqualification
penalties for all the violations were 3. Suspension from public office, the right to vote
imposed even if they reached beyond and be voted for, the right to follow a profession or
the natural span of human life. calling,
2. Juridical accumulation system 4. Public censure,
- Limited to not more than three-fold of 5. Fine.
the length of time corresponding to the
most severe and in no case to exceed
40 years. This is followed in our Article 72. Preference in the payment of the civil
jurisdiction. liabilities.- The civil liabilities of a person found
3. Absorption system guilty of two or more offenses shall be satisfied by
- The lesser penalties are absorbed by following the chronological order of the dates of
the graver penalties. the judgments rendered against him, beginning
with the first in order of time.
NOTE: Penalties are satisfied according to the
chronological order of the dates of the final
judgement. Section Three – Provisions common in the last two
preceding sections
Article 71. Graduated scales.- In the case in which

the law prescribed a penalty lower or higher by Article 73. Presumption in regard to the imposition
one or more degrees than another given penalty, of accessory penalties.- Whenever the courts shall
the rules prescribed in Article 61 shall be observed impose a penalty which, by provision of law,
in graduating such penalty. carries with it other penalties, according to the
The lower or higher penalty shall be taken from provisions of Articles 40, 41, 42, 43 and 44 of this
the graduated scale in which is comprised the Code, it must be understood that the accessory
given penalty. penalties are also imposed upon the convict.
The courts, in applying such lower or higher NOTE: Accessory penalties are deemed imposed
penalty, shall observe the following graduated with the principal penalty. However, the subsidiary
scales: imprisonment must be expressly stated in the
decision, as it is not considered an accessory
SCALE NO. 1 penalty.
1. Death,
Article 74. Penalty higher than reclusion perpetua

in certain cases.- In cases in which the law
prescribes a penalty higher than another given
penalty, without specially designating the name of
the former, if such higher penalty should be that
of death, the same penalty and the accessory
penalties of Article 40, shall be considered as the
next higher penalty.
NOTE: If the decision or law says higher than TABLE SHOWING THE DURATION OF DIVISIBLE
reclusion perpetua or 2 degrees higher than PENALTIES AND THE TIME INCLUDED IN EACH OF
reclusion reclusion temporal, then the penalty THEIR PERIODS
imposed is reclusion perpetua or reclusion
temporal as the case may be, and not death. Death
must be designated by name. However, for the
other penalties, this does not apply. Penalties Time Time Time Time
included included included included
in the in its in its in its
Article 75. Increasing or reducing the penalty of penalty minimum medium maximum
fine by one or more degrees.- Whenever it may be in its period period
necessary to increase or reduce the penalty of fine entirety
by one or more degrees, it shall be increased or Reclusion From 12 From 12 From 14 From
reduced, respectively, for each degree, by one- temporal years years and years, 8 17
fourth of the maximum amount prescribed by law, and 1 1 day to months years, 4
without however, changing the minimum. day to 14 years and 1 months
20 and 8 day to and 1
The same rules shall be observed with regard of years. months. 17 years day to
fines that do not consist of a fixed amount, but are and 4 20
made proportional. months. years.
Prision mayor, From 6 From 6 From 8 From
To get the lower degree:
absolute years years and years 10
1. Max: reduce by one – fourth
disqualification and 1 1 day to and 1 years
2. Min: the same
and special day to 8 years. day to and 1
temporary 12 10 day to
NOTE: If there are three distinct penalties; there
disqualification years. years. 12
shall be a minimum, a medium and a maximum.
years.
Ex. Reclusion temporal to death
Prision From 6 From 6 From 2 From 4
correccional, months months years, 4 years, 2
Art. 76. Legal period of duration of divisible suspension and 1 and 1 day months months
penalties. — The legal period of duration of and destierro day to 6 to 2 years and 1 and 1
divisible penalties shall be considered as divided years. and 4 day to 4 day to 6
into three parts, forming three periods, the months. years years.
minimum, the medium, and the maximum in the and 2
manner shown in the following table: months.
Arresto mayor From 1 From 1 to From 2 From 4 at least into different departments and also for the
month 2 months months correction and reform of the convicts.
and 1 months. and 1 and 1
day to day to 4 day to 6
months. months. months. Art. 79. Suspension of the execution and service of
the penalties in case of insanity. — When a convict
Arresto menor From 1 From 1 to From 11 From
shall become insane or an imbecile after final
to 30 10 days. to 20 21 to 30
sentence has been pronounced, the execution of
days. days. days.
said sentence shall be suspended only with regard
to the personal penalty, the provisions of the
second paragraph of circumstance number 1 of
Article 12 being observed in the corresponding
Art. 77. When the penalty is a complex one cases.
composed of three distinct penalties. — In cases in
which the law prescribes a penalty composed of If at any time the convict shall recover his reason,
three distinct penalties, each one shall form a his sentence shall be executed, unless the penalty
period; the lightest of them shall be the minimum shall have prescribed in accordance with the
the next the medium, and the most severe the provisions of this Code.
maximum period.
The respective provisions of this section shall also
Chapter 5: EXECUTION AND SERVICE OF PENALTIES be observed if the insanity or imbecility occurs
while the convict is serving his sentence.
Section One. – General Provisions
NOTE:
Art. 78. When and how a penalty is to be executed. Rules on execution and service of penalties in case
— No penalty shall be executed except by virtue of of insanity:
a final judgment. 1. After final sentence, suspend the sentence
regarding the personal penalties.
A penalty shall not be executed in any other form 2. If he recovers, the sentence is executed
than that prescribed by law, nor with any other unless it has prescribed.
circumstances or incidents than those expressly 3. The payment of civil pecuniary liabilities
authorized thereby. shall not be suspended.
In addition to the provisions of the law, the special INDETERMINATE SENTENCE LAW
regulations prescribed for the government of the Act No. 4103 as amended by Act No. 4225
institutions in which the penalties are to be It applies to both violations of Revised Penal Code
suffered shall be observed with regard to the and special laws, and is based on the penalty
character of the work to be performed, the time of actually imposed.
its performance, and other incidents connected
therewith, the relations of the convicts among Indeterminate sentence is mandatory where
themselves and other persons, the relief which imprisonment would exceed one year.
they may receive, and their diet.
Penalty imposed by the RPC:
The regulations shall make provision for the 1. The Maximum Term – that which could be
separation of the sexes in different institutions, or properly imposed under the RPC,
considering the aggravating and mitigating 7. Granted with conditional pardon by the
circumstances President, but violated the terms thereof
2. The Minimum Term – within the range of 8. Maximum term of imprisonment, does not
the penalty one degree lower than that exceed 1 year
prescribed by the RPC, without considering 9. Sentenced to the penalty of destierro or
the circumstances. suspension only
 BUT when there is a privileged Release of the prisoner on parole:

mitigating circumstance, so that the The Board of Pardons and Parole may authorize the
penalty has to be lowered by one release of a prisoner on parole, after he shall have
degree, the STARTING POINT for served the minimum penalty imposed on him,
determining the minimum term of provided that:
the indeterminate penalty is the 1. Such prisoner is fitted by his training for
penalty next lower than that release
prescribed by the Cod for the offense. 2. There is a reasonable probability that he will
live and remain at liberty without violating
Penalty imposed by Special Penal Law the law
1. The Maximum Term – must not exceed the 3. Such release will not be incompatible with
maximum term fixed by said law. the welfare of society
2. The Minimum Term- must not be less than
the minimum term prescribed by the same. Entitlement to final release and discharge:
If during the period of surveillance such paroled
 For SPECIAL LAWS, it is anything prisoner shall:
within the inclusive range of the a. Show himself to be a law abiding citizen
prescribed penalty. Courts are b. Shall not violate any law,
given discretion in the imposition of the Board may issue a final certification in his favor,
the indeterminate penalty. The for his final release and discharge.
aggravating and mitigating
circumstances are not considered Sanction for violation of conditions of the parole:
unless the special law adopts the When the paroled prisoner shall violate ay of the
same terminology for penalties as conditions of his parole:
those used in the RPC. a. The Board may issue an order for his arrest,
and thereafter,
The Indeterminate Sentence Law shall not apply to b. The prisoner shall serve the remaining
the following persons: unexpired portion of the maximum
1. Sentenced to death penalty or life sentence for which he was originally
imprisonment committed to prison.
2. Treason, or conspiracy or proposal to
commit treason Reasons for fixing the maximum and minimum
3. Misprision of treason, rebellion, sedition or terms in the indeterminate sentence (IS):
espionage The minimum and maximum terms in the IS must be
4. Piracy fixed, because they are the basis for the following:
5. Habitual delinquent 1. Whenever a prisoner has:
6. Escaped from confinement, or evaded a. Served the MINIMUM penalty imposed
sentence on him, and
b. Is fit for release of the prisoner on The court, in committing said minor as provided
parole, upon terms and conditions above, shall take into consideration the religion of
prescribed by the Board such minor, his parents or next of kin, in order to
2. But when the paroled prisoner violates any avoid his commitment to any private institution
of the conditions of his parole during the not under the control and supervision of the
period of surveillance, he may be religious sect or denomination to which they
rearrested to serve the remaining belong.
unexpired portion of the MAXIMUM
sentence. The Director of Public Welfare or his duly
3. Even if a prisoner has already served the authorized representatives or agents, the
MINIMUM, but he is not fitted for release superintendent of public schools or his
on the parole, he shall continue to serve representatives, or the person to whose custody or
until the end of the MAXIMUM term. care the minor has been committed, shall submit
to the court every four months and as often as
The Indeterninate Sentence Law leaves it entirely required in special cases, a written report on the
within the sound discretion of the court to good or bad conduct of said minor and the moral
determine the minimum penalty, as long as it is and intellectual progress made by him.
within the range of the penalty next lower without
any reference to the periods into which it might be The suspension of the proceedings against a minor
subdivided. (Jarillo v. People, 601 SCRA 236) may be extended or shortened by the court on the
recommendation of the Director of Public Welfare
or his authorized representative or agents, or the
Article 80. Suspension of sentence of minor superintendent of public schools or his
delinquents. *(See Sec. 38 of R.A. No. 9344)- representatives, according as to whether the
Whenever a minor of either sex, under sixteen conduct of such minor has been good or not and
years of age at the date of the commission of a whether he has complied with the conditions
grave or less grave felony, is accused thereof, the imposed upon him, or not. The provisions of the
court, after hearing the evidence in the proper first paragraph of this article shall not, however, be
proceedings, instead of pronouncing judgment of affected by those contained herein.
conviction, shall suspend all further proceedings
and shall commit such minor to the custody or If the minor has been committed to the custody or
care of a public or private, benevolent or care of any of the institutions mentioned in the
charitable institution, established under the law of first paragraph of this article, with the approval of
the care, correction or education of orphaned, the Director of Public Welfare and subject to such
homeless, defective, and delinquent children, or to conditions as this official in accordance with law
the custody or care of any other responsible may deem proper to impose, such minor may be
person in any other place subject to visitation and allowed to stay elsewhere under the care of a
supervision by the Director of Public Welfare or responsible person.
any of his agents or representatives, if there be
any, or otherwise by the superintendent of public If the minor has behaved properly and has
schools or his representatives, subject to such complied with the conditions imposed upon him
conditions as are prescribed hereinbelow until during his confinement, in accordance with the
such minor shall have reached his majority age or provisions of this article, he shall be returned to
for such less period as the court may deem proper. the court in order that the same may order his final
(As amended by R.A. No. 47) release.
In case the minor fails to behave properly or to The intent of R.A. 9344 is to promote and protect
comply with the regulations of the institution to the rights of a child in conflict with the law or a child
which he has been committed or with the at risk by providing a system that would ensure that
conditions imposed upon him when he was children are dealt with a manner appropriate to
committed to the care of a responsible person, or their well-being through a variety of disposition
in case he should be found incorrigible or his measures such as care, guidance and supervision
continued stay in such institution should be orders, counselling, probation, foster care,
inadvisable, he shall be returned to the court in education and vocational training programs and
order that the same may render the judgment other alternatives to institutional care; it considers
corresponding to the crime committed by him. the ages 9-15 years as formative years and gives
minors of these ages a chance to right their wrong
The expenses for the maintenance of a minor through diversion and intervention measures.
delinquent confined in the institution to which he (Sierra v. People, 591 SCRA 666)
has been committed, shall be borne totally or
partially by his parents or relatives or those Under R.A. 9344, a minor, 15 years (at the time of
persons liable to support him, if they are able to the commission of the crime) and below is
do so, in the discretion of the court; Provided, That exempted from criminal liability.
in case his parents or relatives or those persons
liable to support him have not been ordered to (a) Definition of child in conflict with the law
pay said expenses or are found indigent and
cannot pay said expenses, the municipality in CHILD IN CONFLICT WITH THE LAW refers to a child
which the offense was committed shall pay one- who is alleged as, accused of, or adjudges as, having
third of said expenses; the province to which the committed an offense under Philippine laws.
municipality belongs shall pay one-third; and the
remaining one-third shall be borne by the National NOTE: If such minor acted with discernment, he is
Government: Provided, however, That whenever criminally liable.
the Secretary of Finance certifies that a
municipality is not able to pay its share in the DISCERNMENT is the mental capacity to fully
expenses above mentioned, such share which is appreciate the consequences of the unlawful act,
not paid by said municipality shall be borne by the which is shown by the:
National Government. Chartered cities shall pay 1. Manner the crime was committed and
two-thirds of said expenses; and in case a 2. Conduct of the offender after the
chartered city cannot pay said expenses, the commission of the crime
internal revenue allotments which may be due to
said city shall be withheld and applied in Presumption: The minor committed the crime
settlement of said indebtedness in accordance without discernment.
with section five hundred and eighty-eight of the
Administrative Code. (b) Exemption from criminal liability
Under R.A. 9344, a minor over 15 but below 18 who

R.A. NO. 9344 JUVENILE JUSTICE AND WELFARE acted without discernment is exempt from criminal
ACT OF 2006; ALSO REFER TO CHILD AND YOUTH liability
WELFARE CODE (P.D. 603, AS AMENDED)
(c) Juvenile justice and welfare system
Purpose:
<15 years – Absolute irresponsibility, exempting PROBATION LAW OF 1975 (P.D. 968, AS AMENDED)
circumstance
PROBATION is a disposition under which a
≤15 years - Absolute irresponsibility, exempting defendant, after conviction and sentence, is
circumstance released subject to conditions imposed by the court
and to the supervision of a probation officer.
15 years < 18 years – Conditional responsibility
Without discernment – not criminally liable PETITIONER is a convicted defendant who files a
formal application for probation
When the youthful offender has reached the age of
18 years while in commitment , the court shall PROBATIONER is a person placed on probation.
determine whether:
1. To Dismiss the case, if the youthful offender PROBATION OFFICER is a person who investigates
has behaved properly and has shown his for the court a referral for probation or supervises a
capability to be a useful member of the probationer or both, and performs other related
community, or duties as directed.
2. To pronounce the judgement of conviction,
if the conditions mentioned are not met. NOTES:
 In the latter case, the convicted  Probation is not an absolute right. It is a
offender may apply for Probation. In mere privilege whose grant rests upon the
any case, the youthful offender shall discretion of the trial court. Its grant is
be credited in the service of his subject to certain terms and conditions that
sentence with the full time spent in may be imposed by the trial court. Having
actual commitment and detention. the power to grant the probation, it follows
that the trail court also has the power to
NOTE: The final release of a youthful offender, order its revocation in a proper case and
based on good conduct as provided in Art. 196 of under proper circumstances.
P.D. 603 shall not obliterate his civil liability for
damages. The civil liability of the youthful offender Purpose of Probation Law:
may be voluntarily assumed by a relative or a 1. To promote the correction and
friend. The parent or guardian of the child is liable rehabilitation of an offender by providing
when he aids, abets or connives for the commission him with individualized treatment;
of the crime or does an act producing, promoting or 2. To provide an opportunity for the
contributing to the child’s being a juvenile reformation of a penitent offender which
delinquent. might be less probable if he were to serve a
prison sentence;
3. To prevent commission of offenses
NOT ENTITLED TO SUSPENSION OF SENTENCE: AT
THE TIME OF CONVICTION HAS ACHIEVED AGE OF Probation essentially rejects appeals and
MAJORITY encourages an otherwise eligible convict to
A minor who is ALREADY AN ADULT at the time of immediately admit his liability and save the State
his conviction is not entitled to a suspension of the time, effort, and expenses to jettison an appeal,
sentence. (People v. Sable, 584 SCRA 619)
RULES ON GRANT OF PROBATION:
1. After having convicted and sentenced a There are two kinds of conditions imposed upon
defendant, the trial court may suspend the the offender under probation:
execution of the sentenced, and place the 1. Mandatory or general: once violated, the
defendant in probation, upon application probation.
by the defendant within the period for a. The offender under probation must
perfecting an appeal. present himself to the probation officer
2. Probation may be granted whether the designated to undertake his supervision,
sentence imposed a term of imprisonment at such place as may be specified in the
or fine only. order, within 72 hours from receipt of
3. If the defendant has perfected an appeal, order.
no application will be granted. b. He should report to the probation
4. Filing of application for probation operates officer at least once a month.
as a waiver of the right to appeal. 2. Discretionary or special: additional
5. The order granting or denying probation conditions which the court may impose for
shall not be appealable. the probationer’s correction and
6. Accessory penalties are deemed suspended rehabilitation outside prison. The
once probation is granted. enumeration is not exclusive.
7. The convict is not immediately placed on
probation there shall be a prior Criteria of placing an offender on probation
investigation by the probation officer and a a. All information relative to the character,
determination by the court. antecedents, environment, mental, and
8. At any time during probation, the court physical condition of the offender.
may issue a warrant for the arrest of a b. Available institutional and community
probationer for any serious violation of the resources.
conditions of probation. If violation is
established, the court may:
a. Revoke his probation, and thus make
him serve the sentence originally Probation is to be denied upon finding of the court
imposed, or that:
b. Continue his probation and modify its 1. The offender is in need of correctional
conditions . The court order shall not be treatment that can be provided effectively
subject to appeal. by his commitment to an institution.
9. Probation is not coterminous with its 2. There is undue risk of committing another
period. There must be an order issued by crime.
the court discharging the probationer. 3. Probation will depreciate the seriousness of
Upon finding that he has fulfilled the terms the offense committed.
and conditions of his probation, the court
may order the final discharge of the Disqualified Offenders
probationer. This shall have the following The benefits of the Decree shall not be extended to
effects: those:
a. Case is deemed terminated 1. Sentenced to serve a maximum term of
b. All civil rights lost or suspended are imprisonment of more than 6 years.
restored 2. Convicted of subversion or any crime
c. Offender’s liability for any fine imposed against the national security or public order.
is discharged 3. Previously convicted by final judgment of an
offense punished by imprisonment of not
less than one month and one day and/ or a

fine not less than 200 pesos. The authorized physician of the Bureau or
4. Once placed on probation. Corrections, after thorough examination, shall
5. Who appealed officially make a pronouncement of the convict’s
6. Convicted of drug trafficking or drug death and shall certify thereto in the records of the
pushing. Bureau of Corrections.
7. Convicted of election offenses under the
Omnibus Election Code. The death sentence shall be carried out not earlier
than one year nor later than eighteen months after
Duration of Probation Period: the judgment has become final and executory
1. If the term of imprisonment is not more without prejudice to the exercise by the President
than one year, probation shall not exceed 2 of his executive clemency powers at all times.
years.
2. If the term of imprisonment is more than
one year, period shall not exceed 6 years. Article 82. Notification and execution of the
3. When the penalty is a fine only and the sentence and assistance to the culprit.- The court
offender is made to serve subsidiary shall designate a working day for the execution but
imprisonment, probation shall be twice the not the hour thereof; and such designation shall
total number of days of subsidiary not be communicated to the offender before
imprisonment. sunrise of said day, and the execution shall not
take place until after the expiration of at least
eight hours following the notification, but before
Section Two. – Execution of Principal Penalties sunset. During the interval between the
notification and the execution, the culprit shall, in
Article 81. When and how the death penalty is to so far as possible, be furnished such assistance as
be executed.- The death sentence shall be he may request in order to be attended in his last
executed with reference to any other and shall moments by priests or ministers of the religion he
consist in putting the person under sentence to professes and to consult lawyers, as well as in
death by electrocution. The death sentence shall order to make a will and confer with members of
be executed under the authority of the Director of his family or persons in charge of the management
Prisons, endeavoring so far as possible to mitigate of his business, of the administration of his
the sufferings of the person under sentence during property, or of the care of his descendants.
electrocution as well as during the proceedings
prior to the execution.
Article 83. Suspension of the execution of the
If the person under sentence so desires, he shall death sentence.- The death sentence shall not be
be anaesthetized at the moment of the inflicted upon a woman within the three years next
electrocution. following the date of the sentence or while she is
The Director of the Bureau of Corrections shall pregnant, nor upon any person over seventy years
take steps to ensure that the lethal injection to be of age. In this last case, the death sentence shall be
administered is sufficient to cause the commuted to the penalty of reclusion perpetua
instantaneous death of the convict. with the accessory penalties provided in Article 40.
Pursuant to this, all personnel involved in the In all cases where the death sentence has become
administration of lethal injection shall be trained final, the records of the case shall be forwarded
prior to the performance of such task. immediately by the Supreme Court to the Office of
the President for possible exercise of pardoning provided by the Administrative Code in force or
power. which may be provided by law in the future.
Death sentence suspended when accused is a : Article 87. Destierro.- Any person sentenced to
1. Woman, while pregnant destierro shall not be permitted to enter the place
2. Woman, within 1 year, after delivery or places designated in the sentence, nor within
3. Person over 70 years of age the radius therein specified, which shall be not
4. Convict who becomes insane after final more than 250 and not less than 25 kilometers
sentence of death has been pronounced from the place designated.
Destierro shall be imposed in the following cases:

Article 84. Place of execution and persons who 1. Death or serious physical injuries are caused
may witness the same.- The execution shall take or are inflicted under exceptional
place in the penitentiary of Bilibid in a space circumstances
closed to the public view and shall be witnessed 2. Person fails to give bond for good behaviour
only by the priests assisting the offender and by 3. Concubine’s penalty for the crime of
his lawyers, and by his relatives, not exceeding six, concubinage
if he so request, by the physician and the 4. Lowering the penalty by degrees
necessary personnel of the penal establishment,
and by such persons as the Director of Prisons may Execution of Destierro:
authorize. 1. Convict shall not be permitted to enter the
place designated in the sentence nor within
Article 85. Provisions relative to the corpse of the the radius specified, which shall not be
person executed and its burial.- Unless claimed by more than 250 and not less than 25 km from
his family, the corpse of the culprit shall, upon the the place designated.
completion of the legal proceedings subsequent to 2. If the convict enters the prohibited area, he
the execution, be turned over to the institute of commits evasion of sentence.
learning or scientific research first applying for it,
for the purpose of study and investigation,
provided that such institute shall take charge of Article 88. Arresto menor.- The penalty of arresto
the decent burial of the remains. Otherwise, the menor shall be served in the municipal jail, or in
Director of Prisons shall order the burial of the the house of the defendant himself under the
body of the culprit at government expense, surveillance of an officer of the law, when the
granting permission to be present thereat to the court so provides in its decision, taking into
members of the family of the culprit and the consideration the health of the offender and other
friends of the latter. In no case shall the burial of reasons which may seem satisfactory to it.
the body of a person sentenced to death be held
with pomp. Place of service:
1. In the municipal jail
Article 86. Reclusion perpetua, reclusion temporal, 2. In the house of the offender, but under the
prision mayor, prision correccional and arresto surveillance of an officer whenever the
mayor.- The penalties of reclusion perpetua, court so provides in the decision due to the
reclusion temporal, prision mayor, prision health of the offender. But the reason is not
correccional and arresto mayor, shall be executed satisfactory just because the offender is a
and served in the places and penal establishments respectable member of the community.
EXTINCTION OF CRIMINAL LIABILITY
and vestiges of the crime but does not extinguish

Chapter One: TOTAL EXTINCTION OF CRIMINAL civil liability.
LIABILITY
Par. 4 By absolute pardon
Article 89.How criminal liability is totally
extinguished.- Criminal liability is totally PARDON – an act of grace proceeding from the
extinguished: power entrusted with the execution of laws, which
exempts the individual from the punishment the law
1. By the death of the convict, as to the personal inflicts for the crime.
penalties and as to pecuniary penalties, liability
therefor is extinguished only when the death of Amnesty
the offender occurs before final judgment. - Extended to classes of persons who may
be guilty of political offenses
2. By service of the sentence; - Exercise even before trial or
investigation
3. By amnesty, which completely extinguishes the - Looks backward and abolishes the
penalty and all its effects; offense itself
- Does not extinguish civil liability
4. By absolute pardon; - A public act that needs the declaration
of the President with the concurrence of
5. By prescription of the crime; Congress
- Courts should take judicial notice
6. By prescription of the penalty;
7. By the marriage of the offended woman, as Pardon
provided in Article 344 of this Code. - Exercise individually by the President
- Exercise when one is convicted
- Looks forward and relieves the offender
Par. 1 By Death of the consequences.
NOTE: - Does not extinguish civil liability
1. Extinguishment of criminal is a ground for a - A private act of the President
motion to quash. - Must be pleaded and proved
2. The criminal whether before or final
judgment is extinguish upon death because Par. 5 By prescription of crime
it is a personal penalty.
3. Pecuniary penalty is extinguish only when PRESCRIPTION OF A CRIME – Loss/forfeiture of the
death occurs before final judgement right of the State to prosecute the offender after the
4. The death of the offended party however lapse of a certain time
does not extinguish criminal liability of the Prescriptive period of crimes:
accused because it is a crime against the 1. Crimes punishable by:
State. a. Death, reclusion perpetua or reclusion
temporal – 20 years
Par. 2 By service of Sentence b. Afflictive penalties – 15 years
Par. 3 By amnesty c. Correctional penalties – 10 years
d. Except those punishable by arresto
AMNESTY – act of the sovereign power granting mayor which shall prescribe in 5 years
general pardon for a past offense. It wipes all traces 2. Libel – 1 year
3. Offenses of oral defamation and slander by

deed – 6 months
4. Light offenses – 2 months Article 90. Prescription of crime.- Crimes
punishable by death, reclusion perpetua or
When the penalty is a compound one, the highest reclusion temporal shall prescribe in twenty years.
penalty shall be made the basis of the application of Crimes punishable by other afflictive penalties shall
above rules prescribe in fifteen years.
Par. 6 By prescription of penalty Those punishable by a correctional penalty shall

prescribe in ten years; with the exception of those
NOTE: this is the loss/forfeiture of the right of punishable by arresto mayor, which shall prescribe
government to execute the final sentence after the in five years.
lapse of a certain time.
The crime of libel or other similar offenses shall
Conditions: prescribe in one year.
1. There must be final judgement
2. The period must have elapsed The crime of oral defamation and slander by deed
shall prescribe in six months.
Prescriptive periods of penalties:
1. Death and reclusion perpetua – 20 years Light offenses prescribe in two months.
2. Other afflictive penalties – 15 years
3. Correctional penalties – 10 years, except for When the penalty fixed by law is a compound one,
the penalty of arresto mayor which the highest penalty shall be made the basis of the
prescribes in 5 years application of the rules contained in the first,
4. Light penalties – 1 year second and third paragraphs of this article. (As
amended by RA 4661, approved June 19, 1966).
Par. 6 By marriage of the offended woman (Art.
344)
COMPUTATION OF PERIOD
Crimes covered: In computing for the period, the first day is excluded
1. Rape and the last day included. Period is subject to leap
2. Seduction years.
3. Abduction
4. Acts of lasciviousness LAST DAY OF PRESCRIPTIVE PERIOD LIES ON A
HOLIDAY
The marriage must be contracted in good faith. When the last day of the prescriptive period falls on
a Sunday or a legal holiday, the information can no
 Be that as it may, AAA could actually have longer be filed the following day. (Yapdiangco v.
been assisted by anybody. R.A. No. 8353 re- Buencamino, [122 SCRA 713])
classified the crime of rape as a crime
against persons from its former Defense of prescription may be raised during the
classification as a crime against chastity. In trial or during appeal, and is a ground for the
effect, rape may now be prosecuted de acquittal of the accused.
oficio. The Complaint filed by the offended
party is no longer necessary for its The accused cannot be convicted of an offense
prosecution. (People v. Castel (2008)). lesser than that charged if the lesser offense had
already prescribed at the time the information was 2. Offenses punished by imprisonment for
filed. more than one month, but less than 2 years:
4 years
PRESCRIPTIVE PERIOD 3. Offenses punished by imprisonment for 2
a. Simple slander prescribes in 2 months and years or more but less than 6 years: 8 years
grave slander in 6 months 4. Offenses punished by imprisonment for 6
b. Since destierro is a correctional penalty, it years or more: 12 years
prescribes in 10 years 5. Offenses under Internal Revenue Law: 5
c. For afflictive penalties, period is 15 years years
d. If it is a compound penalty, basis will be the 6. Violations of municipal ordinances: 2
highest penalty. months
7. Violations of regulations or conditions of
PRESCRIPTION BEGINS TO RUN: DISCOVERY OF certificate of convenience by the Public
THE OFFENSE Service Commission: 2 months
Prescription begins to run from the discovery
thereof. It is interrupted when proceedings are But the Act is not applicable where the special law
instituted and shall begin to run again when the provides for its own prescriptive period.
proceedings are dismissed.
Prescription of violations penalized by special law
GENERAL RULE: FAILURE TO MOVE FOR A and ordinances shall begin to run from the day of
QUASHAL IS ALL OBJECTIONS; EXCEPTIONS the commission of the violation of the law, and if
If an accused fails to move to quash before the same be not known at the time, from the
pleading, he is deemed to have waived all discovery thereof and the institution of judicial
objections, except if the grounds are: proceeding for its investigation and punishment.
a. Facts charges do not constitute an offense
b. Court has no jurisdiction The prescription shall be interrupted when
c. Criminal action or liability has been proceedings are instituted against the guilty person,
extinguished and shall begin to run again if the proceedings are
d. The averments, if true, would constitute a dismissed for reasons not constituting jeopardy.
legal excuse or justification (See Rule 117,
Sec. 9, RoC) Article 91. Computation of prescription of
offenses.- The period of prescription shall
PRESCRIPTION DOES NOT DIVEST THE COURT OF commence to run from the day on which the crime
ITS JURISDICTION is discovered by the offended party, the
Prescription does not take away the court’s authorities, or their agents, and shall be
jurisdiction but only absolves the defendant and interrupted by the filing of the complaint or
acquits him. information, and shall commence to run again
when such proceedings terminate without the
VIOLATIONS PENALIZED BY SPECIAL LAWS accused being convicted or acquitted, or are
unjustifiably stopped for any reason not imputable
Act No. 3763, provides: to him.
1. Offenses punished only by a fine, or by
imprisonment for not more than one The term of prescription shall not run when the
month or both; 1 year offender is absent from the Philippine Archipelago.
OUTLINE:
1. Prescription begins to run from the day on information or complaint corresponding to the
which the crime is discovered by the offense. If the complaint is amended and charges a
offended party, the authorities, or their different crime, the date of the amended complaint
agents. or information should be considered. If it is merely a
2. It is interrupted by the filing of the correction of a defect, the date of the original
complaint or information. complaint or information should be considered.
3. It commences to run again when such
proceedings terminate without the accused
being convicted or acquitted or are Article 92. When and how penalties prescribe. -
unjustifiably stopped for an reason not The penalties imposed by final sentence prescribe
imputable to him. as follows:
4. The term prescription shall not run when
the offender is absent from the Philippines. 1. Death and reclusion perpetua, in twenty
years;
The fact that the culprit is unknown will not prevent
the period of prescription from commencing to run 2. Other afflictive penalties, in fifteen years;
because it is the discovery of the crime, and not the
discovery of the offender, it is not also necessary 3. Correctional penalties, in ten years; with the
that the accused is arrested. exception of the penalty of arresto mayor,
which prescribes in five years;
EXCEPTIONS TO ART. 91:
1. Continuing crimes 4. Light penalties, in one year.
2. In crimes against false testimony
 Testimony against the defendant: from PRESCRIPTION OF THE PENALTY is the loss or
the date final judgment was rendered forfeiture of the right of the Government to execute
 Testimony in favor of the defendant: the final sentence after the lapse of a certain time.
from the date when the testimony was
given NOTE:
3. Election offenses 1. Final sentence must be imposed. If the
 If discovery of the offense is incidental convict appealed and thereafter fled to the
to judicial proceedings: begins when mountains, the penalty imposed upon him
such proceeding terminates; otherwise, would never prescribe, because pending
from the fate of commission of the appeal, the sentence is not final.
offense 2. If a convict can avail of a mitigating
4. Bigamy: begins from the date of discovery circumstance and the penalty is lowered, it
5. Interruption of Period of Prescription is still the original penalty that is used as the
a. Preliminary examination or basis for prescription. However, if the
investigation which is similar to judicial convict already serves a portion of his
proceeding sentence and escapes after, the penalty that
b. Filing the proper complaint with the was imposed (not the original) shall be the
prosecutor’s office. Police not included. basis of prescription. Fines less than 200
c. Filing complaint with the court that has pesos fall under light penalties.
proper jurisdiction. 3. If the accused was never arrested to serve
his sentence, the prescriptive period cannot
The complaint or information that will interrupt the commence.
period of prescription must be the proper
PRESCRIPTION OF CRIMES VS, PRESCRIPTION OF

PENALTIES Evading the service of sentence is not committing a
In prescription of crimes, it is the penalty prescribed crime before the expiration of the period of
by law that should be considered; in prescription of prescription of penalties.
penalties, it is the penalty imposed that should be
considered. Acceptance of conditional pardon interrupts the
prescriptive period.
Article 93. Computation of the prescription of
penalties. - The period of prescription of penalties Chapter Two PARTIAL EXTINCTION OF CRIMINAL
shall commence to run from the date when the LIABILITY
culprit should evade the service of his sentence,
and it shall be interrupted if the defendant should Article 94. Partial Extinction of criminal liability.-
give himself up, be captured, should go to some Criminal liability is extinguished partially:
foreign country with which this
1. By conditional pardon;
Government has no extradition treaty, or should
commit another crime before the expiration of the 2. By commutation of the sentence; and
period of prescription.
3. For good conduct allowances which the culprit
OUTLINE: may earn while he is serving his sentence.
1. Prescription of penalties commences to run
from the date when the culprit evaded the CONDITIONAL PARDON delivered and accepted is
service of his sentence. considered a contract between the sovereign power
2. It is interrupted if the convict of the executive and the convict that the former will
- Gives himself up release the latter upon compliance with the
- Captured condition
- Goes to a foreign country with which
we have no extradition treaty, or Convict shall not violate any of the penal laws of the
- Commits another crime before the Philippines. In case of violation of conditions,
expiration of the period of prescription offender is re-arrested and re-incarcerated and
prosecuted under Art. 159.
ELEMENTS:
1. That the penalty is imposed by final COMMUTATION is the change in the decision of the
sentence court by the chief regarding the:
2. That the convict evaded the service of the 1. Degree of the penalty
sentence by escaping during the term of his 2. By decreasing the length of the
sentence imprisonment or fine
3. That the convict who escaped from prison Commutation allowed when:
has not given himself up, or has been 1. Person is over 70 years old
captured, or gone to a foreign country with 2. 8 justices fail to reach a decision affirming
which we have no extradition treaty, or the death penalty
committed another crime
4. That the penalty has prescribed, because of NOTE: Consent is not necessary in commutation.
the lapse of time from the date of the
evasion of the service of the sentence by FOR GOOD CONDUCT ALLOWANCES
the convict.
- Deduction from the term of the

sentence for good behaviour Outline:
1. He must comply strictly with the condition
imposed in the pardon.
ALLOWANCES FOR GOOD CONDUCT PER YEAR 2. Failure to comply with the conditions shall
result in the revocation of the pardon.
First 2 years – 5 days per month for good behaviour Under Sec. 64 (i), R.A.C., the Chied Executive
may order his arrest and reincarceration.
3rd to 5th years – 8 days per month of good 3. He becomes liable under Art. 159. This is the
behaviour judicial remedy.
Following years up to the 10th year – 10 days per

month of good behaviour Article 96. Effect of commutation of sentence.- The
commutation of the original sentence for another
11th year and successive years – 15 days per month of a different length and nature shall have the legal
of good behaviour effect of substituting the latter in the place of the
former.
PAROLE (not provided in Art. 94) – May be granted
to a prisoner after serving the minimum penalty
under the Indeterminate Sentence Law; suspension Article 97. Allowance for good conduct.- The good
of sentence of a convict after serving the minimum conduct of any prisoner in any penal institution
term of the Indeterminate penalty, without shall entitle him to the following deductions from
granting a pardon, prescribing the terms upon the period of his sentence:
which the sentence shall be suspended.
1. During the first two years of his imprisonment,
Conditional Pardon he shall be allowed a deduction of five days for
- Given after final judgement each month of good behavior;
- Granted by Chief Executive
- For violation, convict may be 2. During the third to the fifth year, inclusive, of his
prosecuted under Art. 159 imprisonment, he shall be allowed a deduction of
eight days for each month of good behavior;
Parole
- Given after service of the minimum 3. During the following years until the tenth year,
penalty inclusive, of his imprisonment, he shall be allowed
- Given by a Board of Pardon and Parole a deduction of ten days for each month of good
- For violations, may be re-arrested, behavior; and
convict serves remaining sentence
4. During the eleventh and successive years of his
Article 95. Obligation incurred by person granted imprisonment, he shall be allowed a deduction of
conditional pardon.- Any person who has been fifteen days for each month of good behaviour.
granted conditional pardon shall incur the
obligation of complying strictly with the conditions There is no allowance for good conduct while the
imposed therein otherwise, his non-compliance prisoner is released under conditional pardon. The
with any of the conditions specified shall result in reason is that the good conduct time allowance is
the revocation of the pardon and the provisions of given in consideration of the good conduct observed
Article 159 shall be applied to him. by the prisoner while serving his sentence.
Classes of Civil Liability:

Article 98. Special time allowance for loyalty. - A 1. Social Injury – produced by disturbance and
deduction of one-fifth of the period of his alarm which are the outcome of the offense
sentence shall be granted to any prisoner who, 2. Personal Injury – caused to the victim who
having evaded the service of his sentence under may have suffered damage, either to his
the circumstances mentioned in Article 58 of this person, property, honor or chastity
Code, gives himself up to the authorities within 48
hours following the issuance of a proclamation
announcing the passing away of the calamity or Article 100. Civil liability of a person guilty of
catastrophe to in said article. felony.- Every person criminally liable for a felony
is also civilly liable.
NOTE:
1. The article apples only to prisoners who Dual character of the crime as against:
escaped. 1. the State, because of the disturbance of
2. There is a deduction of 1/5 of the period of peace and order
sentence of prisoner who, having evaded 2. the private person injure, unless it involves
the service of his sentence during calamity the crime of treason, rebellion, espionage,
or catastrophe mentioned in Art. 158, gives contempt and others where no civil liability
himself up to the authorities within 48 arises on the part of the offender either
hours following the issuance of the because there are no damages or there is no
proclamation by the President announcing private person injured by the crime
the passing away of the calamity or
catastrophe. NOTE: Exemption from criminal liability in favor of
3. The deduction is based on the original an imbecile or insane person, and a person under 15
sentence and not on the unexpired portion. years, or over 15 but under 18 who acted without
discernment and those acting under the impulse of
irresistible force or under the impulse of an
Article 99. Who grants time allowances. - uncontrollable fear of an equal or greater injury
Whenever lawfully justified, the Director of does not include exemption from civil liability
Prisons shall grant allowances for good conduct.
Such allowances once granted shall not be
revoked. Article 101. Rules regarding civil liability in certain
cases.- The exemption from criminal liability
NOTE: established in subdivisions 1, 2, 3, 5 and 6 of Article
1. The authority to grant time allowance for 12 and in subdivision 4 of Article 11 of this Code
good conduct is exclusively vested in the does not include exemption from civil liability,
Director of Prisons. (e.g. Provincial warden which shall be enforced subject to the following
cannot usurp Director’s authority) rules:
2. It is not an automatic right, and once
granted cannot be revoked by him. First. In cases of subdivisions 1, 2, and 3 of Article
12, the civil liability for acts committed by an
TITLE FIVE: CIVIL LIABILTY imbecile or insane person, and by a person under
nine years of age, or by one over nine but under
Chapter One: PERSON CIVILLY LIABLE FOR fifteen years of age, who has acted without
FELONIES discernment, shall devolve upon those having such
person under their legal authority or control, NOTE: Pars. 1,2,3,5, and 6 are NOT exempt from
unless it appears that there was no fault or civil liability although exempt from criminal liability.
negligence on their part.
Who are civilly liable for:
Should there be no person having such insane, 1. Acts of insane or minor exempt from
imbecile or minor under his authority, legal criminal liability
guardianship or control, or if such person be a. Primarily persons having legal authority
insolvent, said insane, imbecile, or minor shall or control over him, if a t fault or
respond with their own property, excepting negligent (except if proven that they
property exempt from execution, in accordance acted without fault or with due
with the civil law. diligence)
b. If there is no fault or negligence, or even
Second. In cases falling within subdivision 4 of with fault but are insolvent and there
Article 11, the persons for whose benefit the harm are no persons having legal authority
has been prevented shall be civilly liable in over them, the property of the insane,
proportion to the benefit which they may have minor or imbecile not exempt from
received. execution shall be held liable.
2. Over 15 but under 18, with discernment
The courts shall determine, in sound discretion, a. The father, and in case of his death or
the proportionate amount for which each one incapacity, the mother, are responsible
shall be liable. for the damages caused by the minor
children who live in their company
When the respective shares cannot be equitably b. Guardians over minors who are under
determined, even approximately, or when the their authority and live in their company
liability also attaches to the Government, or to the c. If there are no parents or guardian, the
majority of the inhabitants of the town, and, in all minor or insane person shall be
events, whenever the damages have been caused answerable with his own property in an
with the consent of the authorities or their agents, action against him where a guardian
indemnification shall be made in the manner and ad litem shall be appointed.
prescribed by special laws or regulations.
NOTE: Final release of a child based on good
Third. In cases falling within subdivisions 5 and 6 conduct does not remove his civil liability for
of Article 12, the persons using violence or causing damages
the fears shall be primarily liable and secondarily,
or, if there be no such persons, those doing the act 3. Persons acting under an irresistible force or
shall be liable, saving always to the latter that part uncontrollable fear – persons using violence
of their property exempt from execution. or causing the fear are primarily liable. If
there are none, those doing the act are
GENERAL RULE: Exemption from criminal liability responsible.
does not include exemption from civil liability
GENERAL RULE: No civil liability in justifying
EXCEPTION: No civil liability in Art. 12, par. 4 (injury circumstances
caused by mere accident) and par. 7 (failure to
perform an act required by law when prevented by Exception: Par. 4 of Art. 11, where a person does an
some lawful or insuperable cause). act, causing damage to another, in order to avoid
evil injury, the person benefited by the prevention
of the evil or injury shall be civilly liable in 1. The guest notified in advance the innkeeper
proportion to the benefit he received. of the deposit of such goods within the inn
or house.
2. The guests followed the directions of the
Article 102. Subsidiary civil liability of innkeepers, innkeeper or his representative with respect
tavernkeepers and proprietors of establishments.- to the care and vigilance over such goods.
In default of the persons criminally liable, 3. Such goods of the guest lodging therein
innkeepers, tavernkeepers, and any other persons where taken by robbery with force upon
or corporations shall be civilly liable for crimes things or theft committed within the inn or
committed in their establishments, in all cases house.
where a violation of municipal ordinances or some
general or special police regulation shall have been NOTE: It is not necessary that the effects of guest be
committed by them or their employees. actually delivered to the innkeeper.
Innkeepers are also subsidiarily liable for the

restitution of goods taken by robbery or theft Article 103. Subsidiary civil liability of other
within their houses from guests lodging therein, or persons. - The subsidiary liability established in the
for the payment of the value thereof, provided next preceding article shall also apply to
that such guests shall have notified in advance the employers, teachers, persons, and corporations
innkeeper himself, or the person representing him, engaged in any kind of industry for felonies
of the deposit of such goods within the inn; and committed by their servants, pupils, workmen,
shall furthermore have followed the directions apprentices, or employees in the discharge of their
which such innkeeper or his representative may duties.
have given them with respect to the care and
vigilance over such goods. No liability shall attach Requisites:
in case of robbery with violence against or 1. The employer, teacher, person or
intimidation of persons unless committed by the corporation is engaged in any kind of
innkeeper's employees. industry.
2. Any of their servants, pupils, workmen,
PAR. 1 apprentices or employees commits a felony
Requisites: while in the discharge of his duties.
1. The innkeeper, tavernkeeper or proprietor 3. The said employee is insolvent and has not
of the establishment or his employee satisfied his civil liability.
committed a violation of municipal
ordinance, or some general or special police INDUSTRY – any department or branch of art,
regulation. occupation or business; especially one which
2. A crime is committed in such establishment employees so much labor and capital is a distinct
3. The person criminally liable is insovent. branch of trade.
NOTE: NOTE: A separate trial is not necessary to enforce

When all this present, the innkeeper, tavernkeeper, the subsidiary liability of the employer. The
or any other person or corporation is subsidiarilly judgment of oblige only need to file a motion for
liable for the crime committed in his establishment. subsidiary execution. During the hearing of the said
motion, it is incumbent upon the movant to prove
PAR.2 that; (1) an employer-employee relationship exist;
Requisites: (2) the employer is engage in an industry; (3) the
convict committee the crime while in the discharge - Includes fines and costs of proceedings
of his duties; and (4) the writ of execution was
returned unsatisfied.
Article 105. Restitution; How made. - The
restitution of the thing itself must be made
Chapter Two whenever possible, with allowance for any
WHAT CIVIL LIABILITY INCLUDES deterioration, or diminution of value as
determined by the court.
Article 104. What is included in civil liability.- The
civil liability established in Articles 100, 101, 102, The thing itself shall be restored, even though it be
and 103 of this Code includes: found in the possession of a third person who has
acquired it by lawful means, saving to the latter his
1. Restitution; action against the proper person, who may be
2. Reparation of the damage caused; liable to him.
3. Indemnification for consequential damages.
This provision is not applicable in cases in which
NOTE: the first remedy granted by law is restitution the thing has been acquired by the third person in
of the thing taken by the offender; if restitution the manner and under the requirements which, by
cannot be made by the offender or by his heir, the law, bar an action for its recovery.
law allows the offended party reparation. In either
case, indemnity for consequential damages may be RESTITUTION MEANS RETURN OF THE SAME THING
required. The convict cannot give to the offended party a
similar thing of the same amount, kind or species or
RESTITUTION – in theft, the culprit is duty bound to quality. The same thing should be returned.
return the property stolen
REPARATION – in case of inability to return the OWNER IS ENTITLED ADDITIONAL AMOUNT ON

property stolen, the culprit must pay the value of ACCOUNT OF DETERIORATION OF PROPERTY
the property stolen. In case of physical injuries, the STOLEN
reparation of the damage caused would consist in If the property stolen while in the possession of the
the payment of hospital bills and doctor’s fees to third party suffers deterioration due his fault, the
the offended party. court will assess the amount of the deterioration
and culprit and also the order to pay such amount.
INDEMNIFICATION – the loss of salary or earnings
INNOCENT PURCHASER OF STOLEN PROPERTY;
Civil liability PERSON KNOWINGLY SOLD
- Includes reparation and indemnification The owner of the property illegally taken by the
- Includes restitution (return of property offender can recover it from whomsoever is in
taken), nothing to pay in terms of possession thereof, even if the stolen property
money acquired by a third person by purchase in good
- No fines and costs of proceedings faith. The third party who acquired the stolen
property may be reimbursed with the price paid
Pecuniary liability therefore, if it be acquired at (a) a public sale and (b)
- Includes reparation and indemnification in good faith.
- No restitution as the liabilities are to be
paid out of the property of the offender
LIABLE AS ACCESSORY IF SOLD WITH KNOWLEDGE but also those suffered by his family or by a third
OF STOLEN PROPERTY person by reason of the crime.
If the thing is acquired by a person knowing that it
was stolen, then he is an accessory and therefore NOTE:
criminally liable. 1. Indemnity refers to crimes against persons
while reparation refers to crimes against
CIRCUMSTANCES BARRING RECOVERY property.
Circumstances which bar an action for recovery: 2. The amount of damages for death shall be
a. Torrents title at least P50,000.00, eventhough there may
b. When sale is authorized have been mitigating circumstances.
LIABILITY ARISES FROM A CONTRACT

When liability to return a thing arises from a Article 108. Obligation to make restoration,
contract, the court cannot order its return in a reparation for damages, or indemnification for
criminal case. consequential damages and actions to demand the
same; Upon whom it devolves. - The obligation to
EFFECT OF ACQUITTAL OF THE ACCUSED make restoration or reparation for damages and
Restitution may be ordered, even if accused is indemnification for consequential damages
acquitted, provided the offense is proved and it is devolves upon the heirs of the person liable.
shown that the thing belongs to someone else. The action to demand restoration, reparation, and
indemnification likewise descends to the heirs of
the person injured.
Article 106. Reparation; How made.- The court
shall determine the amount of damage, taking into NOTE:
consideration the price of the thing, whenever 1. The heirs of the person liable have no
possible, and its special sentimental value to the obligation if restoration is not possible and
injured party, and reparation shall be made the deceased left no property.
accordingly. 2. Civil liability is not possible when the
offender dies before final judgement.
NOTE:
1. The court orders reparation if restitution is
not possible. Reparation shall be the price Article 109. Share of each person civilly liable. - If
of the thing, plus its sentimental value. there are two or more persons civilly liable for a
2. If there is no evidence as to the value of felony, the courts shall determine the amount for
the thing unrecovered, reparation cannot which each must respond.
be made.
3. Payment by the insurance company does NOTE: In case of insolvency of the accomplices, the
not relive the offender of his obligation. principal shall be subsidiarily for their share of the
4. Damages shall be limited to those caused indemnity. In case of the insolvency of the principal,
by the crime. the accomplices shall be subsidiarilly liable jointly
and severally from the indemnity due from said
principal.
Article 107. Indemnification; What is included.-
Indemnification for consequential damages shall
include not only those caused the injured party,
Article 110. Several and subsidiary liability of would be liable as an accessory and the
principals, accomplices and accessories of a felony; article will not apply.
Preference in payment. - Notwithstanding the
provisions of the next preceding article, the Chapter Three EXTINCTION AND SURVIVAL OF
principals, accomplices, and accessories, each CIVIL LIABILITY
within their respective class, shall be liable
severally (in solidum) among themselves for their Article 112. Extinction of civil liability.- Civil liability
quotas, and subsidiaries for those of the other established in Articles 100, 101, 102, and 103 of
persons liable. this Code shall be extinguished in the same manner
as obligations, in accordance with the provisions of
The subsidiary liability shall be enforced, first the Civil Law.
against the property of the principals; next,
against that of the accomplices, and, lastly, against Civil liability is extinguished by:
that of the accessories. 1. Payment or performance
2. Loss of the thing due
Whenever the liability in solidum or the subsidiary 3. Condonation or remission of the debt
liability has been enforced, the person by whom 4. Confusion or merger of the rights of creditor
payment has been made shall have a right of and debtor
action against the others for the amount of their 5. Compensation
respective shares. 6. Novation
Each class of principals, accomplices and

accessories is liable solidary for their share and Article 113. Obligation to satisfy civil liability. -
subsidiarily liable for the share of other classes. Except in case of extinction of his civil liability as
provided in the next preceding article the offender
Preference in enforcement of subsidiary liability: shall continue to be obliged to satisfy the civil
a. Against the property of the principal liability resulting from the crime committed by
b. Against that of the accomplice him, notwithstanding the fact that he has served
c. Against that of the accessories his sentence consisting of deprivation of liberty or
other rights, or has not been required to serve the
same by reason of amnesty, pardon, commutation
Article 111. Obligation to make restitution in of sentence or any other reason.
certain cases.- Any person who has participated
gratuitously in the proceeds of a felony shall be NOTE:
bound to make restitution in an amount 1. Unless extinguished, civil liability subsist
equivalent to the extent of such participation. even if the offender has served sentence or
has not served the same, due to amnesty,
NOTE: pardon, commutation of the sentence or
1. This refers to a person who has participated any other reason.
gratuitously in the proceeds of a felony and 2. Probation affects only the criminal aspect of
he is bound to make restitution of an the crime.
amount equivalent to the extent of such
participation.
2. The third person must be innocent of the
commission of the crime, otherwise he
BOOK II Treason is a war crime – punished by State as a

measure of self-protection
1. CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS Committed in times of war (not peace) when
- There are actual hostilities
Chapter One: Crimes Against National Security - No need for a declaration of war
Mere acceptance of public office and discharge of
Section 1 – Treason and Espionage official duties under the enemy do not constitute
per se the felony of treason. But when the position
Article 114. Treason.—Any Filipino citizen who is policy-determining, the acceptance of public
levies war against the Philippines or adheres to office and the discharge of official duties constitute
her enemies, giving them aid and comfort within treason.
the Philippines or elsewhere, shall be punished by
reclusion perpetua to death and shall pay a fine Persons liable:
not to exceed 100, 000 pesos. 1. Filipino – permanent allegiance; can commit
treason anywhere
No person shall be convicted of treason unless on 2. Alien Residing – temporary allegiance; can
the testimony of two witnesses at least to the commit treason only while residing in
same overt act or on confession of the accused in Philippines
open court.
NOTE: Treason committed in a foreign country may
Likewise, an alien, residing in the Philippines, who be prosecuted in the Philippines (Art.2, RPC)
commits acts of treason as defined in paragraph 1
of this Article shall be punished by reclusion Treason by an alien must be committed in the
temporal to death and shall pay a fine not to Philippines. (EO 44)
exceed 100, 000. (As amended by Sec. 2, RA No.
7659) Ways to commit treason:
1. Levying war against government requires:
Elements: a. Actual assembling of men
1. Offender is a Filipino citizen or an alien b. Purpose of executing a treasonable
resident; design, by force
2. A war in and Philippines is involved; and 2. Adheres to enemies – the following must
concur together:
3. Offender either – a. Actual adherence
a. Levies war against the government; or b. Give aid or comfort
b. Adheres to enemies, giving aid or
comfort LEVYING WAR – must be with intent to overthrow
as such, not merely to repeal a particular statute or
TREASON – breach of allegiance to the government to resist a particular officer.
by a person who owes allegiance to it
It is not necessary that those attempting to
ALLEGIANCE – obligation of fidelity and obedience overthrow the government by force of arms should
which individuals owe to the government under have the apparent power to succeed in their design,
which they live or to their sovereign, in return for in whole or in part.
protection they receive.
ADHERENCE – intellectually or emotionally favors the over at in issue. (People v. Abad, G.R. No. L-430,
the enemy and harbours sympathies or convictions 1947)
disloyal to his country’s policy or interest
Reason for two witness rule:
AID/COMFORT – act which strengthens or tends to The special nature of the crime requires that the
strengthen the enemy of the government in the accused be afforded special protection not required
conduct of war against the government, or an act in other cases so as to avoid a miscarriage of justice.
which weakens or tends to weaken the power of Extreme seriousness of the crime, for which death is
the government or the country to resist or to attack one of the penalties provided by the law, and the
the enemies of the government or country fact that the crime is committed in abnormal times,
when small differences may in mortal enmity wipe
Ways to prove: out all scruples in sacrificing the truth.
1. Treason (overt act of giving aid or comfort)
a. Testimony of at least 2 witnesses to the CIRCUMSTANCES INHERENT TO TREASON:
same overt act 1. Evident premeditation
b. Judicial confession of accused 2. Superior strength
2. Adherence 3. Treachery
a. One witness
b. Nature of act itself AGGRAVATING CIRCUMSTANCES IN TREASON:
c. Circumstances surrounding act 1. Cruelty
2. Ignominy
NOTE: 3. Gravity or seriousness of the acts of treason
To convict: Testimonies must relate to the same
overt act – not two similar acts. NOTE:
If act is separable – each witness can testify to  There is no treason through negligence.
parts of it; but the act, as a whole, must be It requires intent.
identifiable as an overt act.  Treason is a continuous offense. Prove
of one count is sufficient of conviction
Confession must be in open court.  There is no complex crime of treason
with murder or physical injuries.
TWO-WITNESS RULE:
Testimonies need not be identical, but must relate
to the same overt act. It is sufficient that the Article 115. Conspiracy and proposal to commit
witnesses are uniform in their testimony on the treason; Penalty. - The conspiracy or proposal to
overt act: not necessarily that there be a commit the crime of treason shall be punished
corroboration between them on the point they respectively, by prision mayor and a fine not
testified. exceeding P10,000 pesos, and prision correccional
and a fine not exceeding P5,000 pesos.
The two-witness rule is severly restrictive,hence,
each of the witnesses must testify to the whole ELEMENTS – CONSPIRACY
overt act: or if it is separable, there must be 2 1. In time of war,
witnesses to each part of the overt act. 2. Two or more persons come to an agreement
to:
The two-witness rule must be adhered to as to eac a. Levy war against the government or
and every one of all the external manifestation of b. Adhere to the enemies and to give them
aid or comfort
3. They decide to commit it. 4. He conceals or does not disclose the same
to the authorities in which he resides.
ELEMENTS – PROPOSAL
1. In time of war NOTE:
2. A person who has decided to levy war 1. Offender is punished as an accessory to the
against the government or to adhere to the crime of treason. But such offender is
enemies aid or comfort actually a principal to this crime.
3. Proposes its execution to some other 2. This will not apply if crime or treason is
person/s. already committed and it is not reported.
3. It is a crime of omission.
NOTE: 4. RPC mentions four individual to whom the
1. As a general rule, conspiracy and proposal conspiracy must be reported to (i.e.
to commit a felony is not punishable (Art. governor, provincial fiscal, mayor or city
8). Article 115 is an exception as it fiscal), but what if you report to some high-
specifically penalizes conspiracy and ranking government official?
proposal to commit treason. Ex. PNP Director? Judge Pimentel says any
2. Two witness rule – not applicable since this government official of the DILG is okay.
is a crime separate from treason.
3. Mere proposal even without acceptance is
punishable. If the other accepts, it is Article 117. Espionage.- The penalty of prision
already conspiracy. correccional shall be inflicted upon any person
4. If actual acts of treason are committed who:
after the conspiracy or proposal, the crime 1. Without authority therefor, enters a
committed will be treason, and the warship, fort, or naval or military
conspiracy or proposal is considered as a establishment or reservation to obtain any
means in the commission thereof. information, plans, photographs, or other
data of a confidential nature relative to the
defense of the Philippine Archipelago; or
Article 116. Misprision of treason.- Every person
owing allegiance to (the United States) the 2. Being in possession, by reason of the public
Government of the Philippine Islands, without office he holds, of the articles, data, or
being a foreigner, and having knowledge of any information referred to in the preceding
conspiracy against them, conceals or does not paragraph, discloses their contents to a
disclose and make known the same, as soon as representative of a foreign nation.
possible to the governor or fiscal of the province,
or the mayor or fiscal of the city in which he The penalty next higher in degree shall be imposed
resides, as the case may be, shall be punished as if the offender be a public officer or employee.
an accessory to the crime of treason.
ESPIONAGE – Offense of:
ELEMENTS: a. Gathering, transmitting, or using
1. Offender owes allegiance to the information
government b. Respecting the national defense
2. FILIPINO c. With intent or reason to believe that the
3. Has knowledge of any conspiracy (to information is to be used to
commit treason) against the government d. The injury of the Philippines or the
advantage of a foreign nation
3. Wiretapping is not espionage if the purpose

is not connected with defense.
Modes of committing espionage: 4. In the first mode in committing the felony, it
1st MODE: By entering, without authority, a is not necessary that the offender succeeds
warship, fort, or military or naval establishment or in obtaining the information.
reservation to obtain any information, plans,
photographs, or other data of confidential nature C.A. No. 616
relative to the defense of the Philippines. An Act to Punish Espionage and Other Offenses
Against National Security
Elements:
1. That the offender (Filipino or Resident Acts punishable:
Alien) enters a warship, fort, naval or 1. Unlawfully obtaining or permitting to be
military establishment or reservation; obtained information affecting national
2. That he has no authority therefore; and defense;
3. That his purpose is to obtain information, 2. Unlawful disclosing of information affecting
plans, photographs or other data of a national defense;
confidential nature relative to the defense 3. Disloyal acts or words in time of peace (i.e.
of the Philippines. causing in any manner insubordination,
disloyalty, mutiny or refusal of duty of any
2nd MODE: By disclosing to the representative of a member of the military, naval, or airforce of
foreign nation of the contents of the articles, data, the Philipines);
or information referred to in the preceding 4. Disloyal acts in times of war;
paragraph, which he had in his possession by 5. Conspiracy to commit the foregoing acts;
reason of the public office he holds. 6. Harboring or concealing violators of the law
(i.e. the offender harbours a person whome
ELEMENTS: he knows as someone who committed or is
1. That the offender is a public officer; about to commit a violation of this act); and
2. That he has in his possession the articles, 7. Photographing from aircraft of vital military
data or information referred to in the first information.
mode of committing espionage, by reason
of the public offices he holds; and Section Two. - Provoking war and disloyalty in case
3. That he discloses their contents to a of war
representative of a foreign nation.
Persons liable: Article 118. Inciting to war or giving motives for
1. First Mode: reprisals. - The penalty of reclusion temporal shall
a. Filipino be imposed upon any public officer or employee,
b. Resident Alien and that of prision mayor upon any private
2. Second Mode: individual, who, by unlawful or unauthorized acts
a. Offender is a public officer. provokes or gives occasion for a war involving or
liable to involve the Philippine Islands or exposes
NOTE: Filipino citizens to reprisals on their persons or
1. Being a public officer is a requirement in property.
the second paragraph, while it is only
aggravating in the first. ELEMENTS:
2. Espionage is not conditioned on citizenship. 1. Offender performs unlawful and
unauthorized acts;
2. Such acts provoke or give occasion for a 1. By prision correccional, if the

war involving or liable to involve the correspondence has been prohibited by the
Philippines or expose Filipino citizens on Government;
reprisals on their persons or property. 2. By prision mayor, if such correspondence be
carried on in ciphers or conventional signs;
NOTE: and
1. Crime is committed in time of peace. 3. By reclusion temporal, if notice or
2. Intent of the offender is immaterial. information be given thereby which might
3. Inciting to war, the offender is any person. be useful to the enemy.
If the offender is a public officer, the
penalty is higher. If the offender intended to aid the enemy
4. Reprisals are not limited to military action; by giving such notice or information, he
it could be economic reprisals, or denial of shall suffer the penalty of reclusion
entry into their country. temporal to death.
ELEMENTS:
Article 119. Violation of neutrality. - The penalty of 1. A war in which the Philippines is involved;
prision correccional shall be inflicted upon anyone 2. That the offender makes correspondence
who, on the occasion of a war in which the with an enemy country or territory occupied
Government is not involved, violates any by enemy troops;
regulation issued by competent authority for the 3. That the correspondence is either –
purpose of enforcing neutrality. a. Prohibited by the government, or
b. Carried on in ciphers or conventional
ELEMENTS: signs, or
1. War in which the Philippines is not c. Containing notice or information which
involved; might be useful to the enemy.
2. For the purpose of enforcing neutrality, a
regulation is issued; and CORRESPONDENCE – communication by means of
3. That the offender violates such regulation. letters or it may refer to the letters which pass
between those who have friendly or business
NOTE: relations
1. This crime is committed only in times of
war. CIPHER – secret writing system; a code
2. It is the neutrality of the Philippines that
was violated. QUALIFYING CIRCUMSTANCES:
3. There has to be a regulation issued by a The following must concur together:
competent authority for enforcement of 1. That the notice or information might be
neutrality and offender violated it. useful to the enemy and
2. That the offender intended to aid the
enemy.
Article 120. Correspondence with hostile country. -
Any person who in time of war, shall have NOTE:
correspondence with an enemy country or  If the offender intended to aid the enemy by
territory occupied by enemy troops shall be giving such notice or information, the crime
punished: amounts to TREASON; hence the penalty is
same as that for treason.
 It is immaterial of correspondence contains seize the whole or part of the cargo of said vessel,
innocent matters when it is prohibited by its equipment, or personal belongings of its
the government. complement or passengers.
 Prohibition by the government is not
essential when the correspondence is The same penalty shall be inflicted in case of
carried on in ciphers or conventional signs mutiny on the high seas or in Philippine waters.
or when it contains notice or information,
which might be useful to the enemy. Piracy – Modes to commit:
1. By attacking or seizing a vessel on the high
seas or in the Philippine waters (P.D. 532)
Article 121. Flight to enemy country. - The penalty 2. By seizing in the vessel while on the high
of arresto mayor shall be inflicted upon any seas or in Philippine waters the whole or
person who, owing allegiance to the Government, part of its cargo, its equipment or personal,
attempts to flee or go to an enemy country when belongings of its complement or passengers.
prohibited by competent authority.
PIRACY – it is robbery or forcible depredation on the
ELEMENTS: high seas without lawful authority and done with
1. A war in which the Philippines is involved; animo furandi and in the spirit and intention of
2. Offender owes allegiance to the universal hostility.
government
3. Offender attempts to flee or got to enemy MUTINY – the unlawful resistance to a superior, or
country; and the raising of commotions and disturbances on
4. Going to enemy country prohibited by board a ship against the authority of its commander.
competent authority.
ELEMENTS:
Persons liable: 1. A vessel is on the high seas or Philippine
1. Filipino citizen waters;
2. Alien residing in the Philippines 2. Offenders – not members of its complement
nor passengers of the vessel; and
NOTE: 3. That the offenders-
1. Mere attempt consummates the crime. a. Attack or seize the vessel, or
2. There must be a prohibition. If there is b. Seize whole or part of vessel’s cargo,
none, even if one went to enemy country, equipment or personal belongings of its
there is no crime. complement or passengers.
3. An alien resident may be held guilty for this
crime because an alien owes temporary NOTE:
allegiance to the Philippine government. 1. High Seas – any waters on the sea coast
which are without the boundaries of the low
Section Three. - Piracy and mutiny on the high seas water mark although such waters may be in
or in Philippine waters the jurisdictional limits of a foreign
government; parts of the sea that are not
Article 122. Piracy in general and mutiny on the included in the exclusive economic zone, in
high seas. - The penalty of reclusion temporal shall the territorial seas, or in the internal waters
be inflicted upon any person who, on the high of a State, or in the archipelagic waters of
seas, shall attack or seize a vessel or, not being a an archipelagic state (United Nations
member of its complement nor a passenger, shall Conventions on the Law of the Sea).
2. Philippine waters – all bodies of water and 5. QUALIFIED PIRACY- a special complex crime
all waters belonging to the Philippnes by punishable by reclusion perpetua to death,
historic or legal title including territorial regardless of the number of victims.
sea, seabed, insular shelves, and other
submarines areas over which the
Philippines has sovereignty and jurisdiction,
(Sec. 2, P.D. No 532)
3. Piracy in high seas – jurisdiction of any
court where offender are found or arrested. B. R.A. NO. 6235 ANTI-HIJACKING LAW
Acts punishable:
TERRITORIAL LIMITS OF PIRACY 1. By compelling a change in the course or destination
Pirates are in law hostes humani generis. Piracy is a of an aircraft of Philippine registry, or seizing or
crime not against any particular state but against all usurping the control thereof while it is in flight;
mankind. It may be punished in the competent 2. By compelling an aircraft of foreign registry to land
tribunal of any country where the offender may be in Philippine territory or seizing or usurping the
found or into which he may be carried. The control thereof while it is the said territory; and
jurisdiction of piracy unlike all other crimes has no 3. By shipping, loading, or carrying in any passenger
territorial limits. As it is against all so may be it aircraft operating as a public utility within the
punished by all. (People v. Lol-lo and Saraw, G.R. Philippines, any explosive, flammable, corrosive or
No. 17958, 1922) poisonous substance or material.
IN FLIGHT – From the moment all the exterior doors
Article 123. QUALIFIED PIRACY are closed following embarkation until the same
doors are again opened for disembarkation.
Qualifying Circumstances:
1. Seizure of the vessel by boarding or firing upon the NOTE: (Atty. Palacios)
same; 1. Where the aircraft is of Philippine registry, the
2. Abandonment by pirates of victims without means offense must be committed while in flight. Hence,
of saving themselves; or the act must take place after all the exterior doors
3. Crime was accompanied by murder, homicide, are closed following embarkation.
physical injuries, or rape. 2. Where the aircraft is of foreign registry, offense
need not take the place while in flight.
NOTE:
1. The word “crimes” in the opening sentence of Art. Qualifying Circumstances (Par 1& 2):
123 refers to piracy and mutiny. 1. Firing upon the pilot, member of the crew or
2. However, the second qualifying circumstance passenger of the aircraft;
specifically mentions “pirates” thereby excluding 2. Exploding or attempting to explode any bomb or
mutineers. explosive to destroy the aircraft; or
3. The murder/rape/homicide/physical injuries must 3. The crime is accompanied by murder, homicide,
have been committed on the passengers or on serious physical injuries, or rape.
complement of the vessels. Parricide/infanticide
should be included (according to Judge Pimentel). C. R. A. NO. 9372 (HUMAN SECURITY ACT OF 2007)
4. Piracy must be punished in the competent tribunal
of any country where the offender may be found or Acts Punishable:
into which he may be carried. Any person who commits an act punishable under
any of the following provisions of the RPC:
a. Art. 122 (Piracy in general and Mutiny in the High 7. Unauthorized Revelation of Classified Materials
Seas or in the Philippine Waters) (Sec. 46)
b. Art.134 (Rebellion or Insurrection) 8. Furnishing False Evidence, Forged Document, or
c. Art. 134-A (Coup d’etat), including acts committed Spurious Evidence (Sec. 47)
by private persons
d. Art. 248 (Murder) Who are Liable:
e. Art. 267 (Kidnapping and Serious Illegal Detention) 1. Accomplice (Sec. 5)
f. Art. 324 (Crimes Involving Destruction) or under  Not being a principal under Article 17 of the RPC or
Presidential Decree No. 1613 (The Law on Arson) a conspirator as defined in Section 4 hereof
g. Republic Cat No. 6969 (Toxic Substances and  Cooperates in the execution of either the crime of
Hazardous and Nuclear Waste Control Act of 1990); terrorism by previous or simultaneous acts
h. Republic Act No. 5207 (Atomic Energy Regulatory
and Liability Act of 1968); 2. Accessory (Sec. 6)
i. Republic Cat No. 6235 (Anti-Hijacking Law);  Having knowledge of the commission of the crime of
j. Presidential Decree No. 532 (Anti-piracy and Anti- terrorism or conspiracy to commit terrorism , and
highway Robbery Law of 1974); and, without having participated therein, either as
k. Presidential Decree No. 1866, as amended (Decree principal or accomplice under Articles 17 and 18 of
Codifying the Laws on Illegal and Unlawful RPC
Possession, Manufacture, Dealing, Acquisition or  Takes part subsequently to its commission in any of
Disposition of Firearms, Ammunitions or Explosives) the following manner:
thereby sowing and creating a condition of a) by profiting himself or assisting the offender to
widespread and extraordinary fear and panic profit by the effects of the crime;
among the populace, in order to coerce the b) by concealing or destroying the body of the crime, in
government to give in to an unlawful demand shall order to prevent its discovery;
be guilty of the crime of terrorism and shall suffer c) by harboring, concealing, or assisting in the escape
the penalty of forty (40) years of imprisonment, of the principal or conspirator of the crime
without the benefit of parole as provided for under Prosecution Under This Act Shall Be a Bar to
Act No. 4103, otherwise known as the Another Prosecution Under the Revised Penal Code
Indeterminate Sentence Law, as amended. or Any Special Penal Laws (Sec. 49)
When a person has been prosecuted under a
Other Punishable Acts: provision of this Act, upon valid complaint or
1. Unauthorized or Malicious Examination of a Bank or information or other formal charge sufficient in
a Financial Institution (Sec. 36) form and substance to sustain a conviction and after
2. Bank Officials and Employees Defying a Court the accused had pleaded to the charge, the
Authorization (Sec. 37) acquittal of the accused or the dismissal of the case
3. False or Untruthful Statement or Misrepresentation shall be a bar to another prosecution for any
of Material Fact in Joint Affidavits (Sec. 38) offense or felony which is necessarily included in
4. Unjustified Refusal to Restore or Delay in Restoring the offense charged under this Act.
Seized, Sequestered and Frozen Bank deposits,
Placements, Trust Accounts, Assets and Records 2. CRIMES AGINST THE FUNDAMENTAL LAWS OF
(Sec. 42) THE STATE
5. Loss, Misuse, Diversion or Dissipation of Seized,
Sequestered and Frozen Bank deposits, Placements, Classes of Arbitrary Detention:
Trust Accounts, Assets and Records (Sec. 43) 1. By detaining a person without legal ground
6. Infidelity in the Custody of Detained Persons (Sec. 2. Delay in the delivery of detained persons to the
44) proper judicial authorities
3. Delaying release c. 36 hours, for crimes/offenses punishable by capital

punishment or afflictive penalties, or their
Section 1. – Arbitrary detention and expulsion equivalent.
Art. 124 Arbitrary Detention NOTE:

1. If offender is a private person, the crime is illegal
Elements: detention.
1. That the offender is a public officer or employee 2. The felony means delay in filing the necessary
(whose official duties include the authority to make information or charging of person detained in court
an arrest and detain persons); which may be waived if a preliminary investigation is
2. That he detains a person; and asked for. This does not contemplate actual physical
3. That it was without legal grounds. delivery.
3. The filing of the information in court beyond the
NOTE: specified period does not cure illegality of detention.
1. Arbitrary detention is the deprivation by a public Hence, the detaining officer is still liable under Art.
officer of the liberty of a person without any legal 125. Neither does it affect the legality of the
ground. confinement under process issued by the court.
2. Private individuals who conspire with public 4. To prevent committing this felony, officers usually
officers can be liable as principals. ask accused to execute a waiver of Art. 125 which
3. Public officers who are not vested with authority should be under oath and with the assistance of a
to detain or order the detention of persons accused counsel. Such waiver is not in violation of the
of a crime or exceed their authority may be liable constitutional right of the accused.
for illegal detention because they are acting in their Length of Waiver:
private capacity. - Light offense – 5 days.
4. The law does not fix any minimum period of - Serious and less serious offenses- 7 to 10 days.
detention. (Judge Pimentel)
5. Legal grounds for the detention of any person: 5. Art. 125 contemplates arrest by virtue of some legal
commission of a crime, violent insanity or other ground or valid warrantless arrest.
ailment requiring compulsory confinement of the 6. If arrested by virtue of arrest warrant, person may
patient in a hospital. be detained until case is decided.
7. Circumstances considered in determining liability of
officer detaining a person beyond the legal period:
- Means of communication
Art. 125 delay in the Delivery of Detained Persons - Hour of arrest and
to the Proper Judicial Authorities - Other circumstances such as the time of surrender
and the material possibility for the fiscal to make
Elements: the investigation and file in time the necessary
1. That the offender is a public officer or employee; information.
2. That he has detained a person for some legal
ground; and NOTE:
3. That he fails to deliver such person to the proper 1. In Arbitrary Detention (Art. 124), detention is illegal
judicial authority within: from the beginning.
a. 12 hours, detained for crimes punishable by light 2. In Delay in Delivery of Detained Persons to the
penalties, or their equivalent; Proper Judicial Authorities (Art. 125), detention is
b. 18 hours, for crimes punishable by correctional legal in the beginning, but illegality starts from the
penalties, or their equivalent; or expiration of the specified periods without the
persons detained having been delivered to the Provided, That the accused or any person on behalf
proper judicial authority. of the accused files the application for such:
(a) Before or after conviction by the Metropolitan

Trial Court, Municipal Trial Court, Municipal Trial
Art. 126. Delaying Release Court in Cities and Municipal Circuit Trial Court; and
Elements:
1. That the offender is a public officer or employee; (b) Before conviction by the Regional Trial Court:
2. That there is a judicial or executive order for the Provided, further, That a person in custody for a
release of a prisoner or detention prisoner, or that period equal to or more than the minimum of the
there is a proceeding upon a petition for the principal penalty prescribed for the offense charged,
liberation of such person; without application of the Indeterminate Sentence
3. That the offender without good reason delays: Law, or any modifying circumstance, shall be
a. the service of the notice of such order to the released on the person’s recognizance.
prisoner, or
b. the performance of such judicial or executive order SEC. 7. Disqualifications for Release on
for the release of the prisoner, or Recognizance. – Any of the following circumstances
c. the proceeding upon a petition for the release of shall be a valid ground for the court to disqualify an
such person. accused from availing of the benefits provided
herein:
NOTE: Wardens and jailers are the persons most
likely to violate this provision. (a) The accused bad made untruthful statements in
his/her sworn affidavit prescribed under Section
AN ACT INSTITUTIONALIZING RECOGNIZANCE AS A 5(a);
MODE OF GRANTING THE RELEASE OF AN
INDIGENT PERSON IN CUSTODY AS AN ACCUSED IN (b) The accused is a recidivist, quasi-recidivist,
A CRIMINAL CASE AND FOR OTHERPURPOSES habitual delinquent, or has committed a crime
aggravated by the circumstance of reiteration;
REPUBLIC ACT NO. 10389
(c) The accused had been found to have previously
SEC. 3. Recognizance Defined. – Recognizance is a escaped from legal confinement, evaded sentence
mode of securing the release of any person in or has violated the conditions of bail or release on
custody or detention for the commission of an recognizance without valid justification;
offense who is unable to post bail due to abject
poverty. The court where the case of such person (d) The accused had previously committed a crime
has been filed shall allow the release of the accused while on probation, parole or under conditional
on recognizance as provided herein, to the custody pardon;
of a qualified member of the barangay, city or
municipality where the accused resides. (e) The personal circumstances of the accused or
nature of the facts surrounding his/her case indicate
SEC. 5. Release on Recognizance as a Matter of the probability of flight if released on recognizance;
Right Guaranteed by the Constitution. – The release
on recognizance of any person in custody or (f) There is a great risk that the accused may commit
detention for the commission of an offense is a another crime during the pendency of the case; and
matter of right when the offense is not punishable
by death, reclusion perpetua, or life imprisonment:
(g) The accused has a pending criminal case which arrested, detained, and taken into custody by the
has the same or higher penalty to the new crime said police, or law enforcement personnel:
he/she is being accused of. - Provided, That the arrest of those suspected of the
crime of terrorism or conspiracy to commit
Art. 127. Expulsion terrorism must result from the surveillance under
Elements: section 7 and examination of bank deposits under
1. The offender is a public officer or employee; section 27 of this Act.
2. That he expels any person from the Philippines, or Period of Detention in the event of an Actual or
compels a person to change his residence; and Imminent Terrorist Attack (Sec. 19)
3. The offender is not authorized by law. - In the event of an actual or imminent terrorist
attack, suspects may not be detained for more than
Acts Punishable: three (3) days without the written approval of a
1. by expelling a person from the Philippines; or municipal, city or regional official of a Human
2. by compelling a person to change his residence. Rights Commission or judge of the municipal,
regional trial court, the Sandiganbayan or a justice
NOTE: of the Court of Appeals nearest the place of the
1. Crime of expulsion absorbs that of grave coercion. If arrest.
done by a private person, act will amount to grave - If the arrest is made during Saturdays, Sundays,
coercion. holidays or after office hours, the arresting police or
2. Only the court by a final judgment can order a law enforcement personnel shall bring the person
person to change his residence but the Chief thus arrested to the residence of any of the officials
Executive has the power to deport undesirable mentioned above that is nearest the place where
aliens. the accused was arrested.
3. If a Filipino who, after voluntarily leaving the - The approval in writing of any of the said official
country, is illegally refused to re-entry, he is shall be secured by the police or law enforcement
considered a victim of being forced to change his personnel concerned within five (5) after the date of
address. the detention of the persons concerned: Provided,
however, That within three (3) days after the date of
A. HUMAN SECURITY ACT 2007 the detention of the suspects, whose connection
with the terror attack or threat is not established,
Period of Detention: shall be released immediately.
Period of Detention Without Judicial Warrant of
Arrest (Sec. 18) B. RA 9745 (ANTI-TORTURE ACT)
Any police or law enforcement personnel –
- Having been duly authorized in writing by the Anti- “Torture” refers to an act by which
Terrorism Council has taken custody of a person 1. Severe pain or suffering, whether physical, mental,
charged with or suspected of the crime of terrorism is intentionally inflicted on a person for such
or the crime of conspiracy to commit terrorism purposes as
- Without incurring any criminal liability for delay in 1. Obtaining from him/her or a third person
the delivery of detained persons to the proper information or a confession;
judicial authorities 2. Punishing him/her for an act he/she or a third
- Shall deliver charged or suspected person to the person has committed or is suspected of having
proper judicial authority within a period of three (3) committed; or
days counted from the moment the said charged 3. Intimidating or coercing him/her or a third person;
or suspected person has been apprehended or or
4. For any reason based on discrimination of any kind, 2. The use of drugs to induce extreme pain or certain
when such pain or suffering is inflicted by or at the symptoms of a disease; and
5. instigation of or with the consent or acquiescence
of a person in authority or agent of a person in xiv. Other analogous acts of physical torture; and
authority.
(b)” Mental/Psychological Torture” refers to acts
Acts of Torture (Sec. 4) committed by a person in authority or agent of a
(a) Physical torture is a form of treatment or person in authority which are calculated to affect or
punishment inflicted by a person in authority or confuse the mind and/or undermine a person’s dignity
agent of a person in authority upon another in and morale, such as:
his/her custody that causes severe pain, 1. Blindfolding;
exhaustion, disability or dysfunction of one or more 2. Threatening a person(s) or his/her relatives(s) with
parts of the body, such as: bodily harm, execution or other wrongful acts;
i. Systematic beating, headbanging, punching, 3. Confinement in solitary cells or secret detention
kicking, striking with truncheon or rifle butt or other places;
similar objects, and jumping on the stomach; 4. Prolonged interrogation;
ii. Food deprivation or forcible feeding with spoiled 5. Preparing a prisoner for a “show trial”, public
food, animal or human excreta and other stuff or display or public humiliation of a detainee or
substances not normally eaten; prisoner;
iii. Electric shock; 6. Causing an unscheduled transfer of a person
iv. Cigarette burning; burning by electrically heated deprived of liberty from one place to another,
rods, hot oil, acid; by the rubbing of pepper or other creating the belief that she/he shall be summarily
chemical substances on mucous membranes, or executed;
acids or spices directly on the wound(s); 7. Maltreating a member/s of a person’s family;
v. The submersion of the head in water or water 8. Causing the torture sessions to be witnessed by the
polluted with excrement, urine, vomit and/or blood person’s family, relatives or any third party;
until the brink of suffocation; 9. Denial of sleep/rest;
vi. Being tied or forced to assumed fixed and 10. Shame infliction such as stripping the person naked,
stressful bodily position; parading him/her in public places, shaving the
vii. Rape and sexual abuse, including the insertion victim’s head or putting marks on his/her body
of foreign objects into the sex organ or rectum, or against his/her will;
electrical torture of the genitals; 11. Deliberately prohibiting the victim to communicate
viii. Mutilation or amputation of the essential parts with any member of his/her family; and
of the body such as the genitalia, ear, tongue, etc.; 12. Other analogous acts of mental/psychological
ix. Dental torture or the forced extraction of the torture.
teeth;
x. Pulling out of fingernails; Other cruel, Inhuman and Degrading treatment or
xi. Harmful exposure to the elements such as Punishment (Sec. 5)
sunlight and extreme cold;  Refers to a deliberate and aggravated treatment or
xii. The use of plastic bag and other materials punishment not enumerated under Section 4 of this
placed over the head to the point of asphyxiation; Act, inflicted by a person in authority or agent of a
xiii. The use of psychoactive drugs to change the person in authority against another person in
perception, memory, alertness or will of a person, custody, which attains a level of severity sufficient
such as: to cause suffering, gross humiliation or debasement
1. The administration of drugs to induce confession to the latter. The assessment of the level of severity
and/or reduce mental competency; or shall depend on all circumstances of the case,
including the duration of the treatment or accomplice, takes part subsequent to its
punishment, its physical and mental effects and, in commission in any of the following manner:
some cases, the sex, religion, age and state of o a) By themselves profiting from or assisting the
health of the victim. offender to profit from the effects of the act of
torture or other cruel, inhuman and degrading
Who are liable: (Sec. 13) treatment or punishment;
 Any person who actually participated or induced o b) By concealing the act of torture or other cruel,
another in the commission of torture or other cruel, inhuman and degrading treatment or punishment
inhuman and degrading treatment or punishment and/or destroying the effects or instruments thereof
by previous or simultaneous acts shall be liable as in order to prevent its discovery; or
principal o c) By harboring, concealing or assisting in the escape
 Any superior military, police or law enforcement of the principals in the act of torture or other cruel,
officer or senior government official who issued an inhuman and degrading treatment or punishment:
order to any lower ranking personnel to commit Provided, That the accessory acts are done with the
torture for whatever purpose shall be equally liable abuse of the official’s public functions.
as principals.
The immediate commanding officer of the unit Section 2. – Violation of Domicile
concerned of the AFP or the immediate senior
public official of the PNP and other law Art. 128. Violation of Domicile
enforcement agencies shall be held liable as
principal to the crime of torture or other cruel or Elements:
inhuman and degrading treatment or punishment 1. That the offender is a public officer or employee;
for any act or omission, or negligence committed by 2. That he is not authorized by judicial order to enter
him/her that shall have led, assisted, abetted or the dwelling and/or to make a search therein for
allowed, whether directly or indirectly, the papers or other effects; and
commission thereof by his/her subordinates. If she 3. That he commits any of the following acts:
he/she has knowledge of or, owing to the a. entering any dwelling against the will of the owner
circumstances at the time, should have known that thereof;
acts of torture or other cruel, inhuman and b. searching papers or other effects found therein
degrading treatment or punishment shall be without the previous consent of such owner;
committed, is being committed, or has been c. refusing to leave the premises, after having
committed by his/her subordinates or by others surreptitiously entered dwelling and after having
within his/her area of responsibility and, despite been required to leave the same.
such knowledge, did not take preventive or
corrective action either before, during or Special Aggravating Circumstances:
immediately after its commission, when he/she has 1. Nighttime
the authority to prevent or investigate allegations 2. Papers or effects not constituting evidence of a
of: crime are not returned immediately.
 such act, whether deliberately or due to negligence
shall also be liable as principals. NOTE:
 Any public officer or employee shall be liable as an  The judicial order is the search warrant.
accessory if he/she has knowledge that torture or  If the offender who enters the dwelling
other cruel, inhuman and degrading treatment or against the will of the owner is a private individual,
punishment is being committed and without having the crime is trespass to dwelling.
participated therein, either as principal or  When a public officer searched a person “
outside his dwelling” without a search warrant and
such person is not legally arrested for an offense, 4. That the owner or any member of his family, or two
the crime committed by the public officer is either: witnesses residing in the same locality is not
- grave coercion if violence or intimidation is used(Art present.
286), or
- unjust vexation if there is no violence or Order of those who must witness the search:
intimidation (Art 287) 1. Homeowner
2. Members of the family of sufficient age and
In the first mode, the entrance must be discretion
against the will of the owner of the dwelling. Lack 3. Responsible members of the community
of consent will not suffice.
 Under the third mode, even if the entrance Section 3. – Prohibition, Interruption, and
is only without the consent of its owner, the crime dissolution of peaceful meetings
is committed when there is a refusal to leave the
premises when required to do so. Art. 131. Prohibition, Interruption, and Dissolution
of Peaceful Meetings
Art. 129 Search Warrants Maliciously Obtained, Elements:
and Abuse in the Service of Those Legally Obtained 1. Offender is a public officer or employee;
2. He performs any of the following acts:
Acts Punishable: a. prohibiting or interrupting, without legal ground the
1. Procuring a search warrant without just holding of a peaceful meeting, or dissolving the
cause same (e.g. denial of permit in arbitrary manner).
b. hindering any person from joining any lawful
Elements: association or from attending any of its meetings.
1. That the offender is a public officer or employee; c. Prohibiting or hindering any person from
2. That he procures a search warrant; and addressing, either alone or together with others,
3. That there is no just cause. any petition to the authorities for the correction of
abuses or redress of grievances.
2. Exceeding his authority by using unnecessary
severity in executing a search warrant legally NOTE:
procured 1. If the offender is a private individual, the crime is
disturbance of public or (Art 153).
Elements: 2. Meeting must be peaceful and there must be no
1. That the offender is a public officer or employee; legal ground for prohibiting, dissolving or
2. That he has legally procured a search warrant; and interrupting that meeting.
3. That he exceeds his authority or uses unnecessary 3. Offender must be a stranger, not a participant, in
severity in executing the same. the peaceful meeting; otherwise, the offense is
unjust vexation.
Art. 130. Searching Domicile Without Witnesses 4. Interrupting and dissolving a meeting of the
Elements: municipal council by a public officer is a crime
1. That the offender is a public officer or employee; against legislative body and is not punishable under
2. That he is armed with a search warrant legally this article.
procured; 5. Those holding peaceful meetings must comply with
3. That he searched the domicile, papers or other local ordinances.
belongings of any person; and
Test for determining whether there is violation of
art 131.
1. Dangerous tendency rule prayers for burying dead persons but NOT prayer
2. Clear and present danger rule rallies.
5. Acts notoriously offensive to the feelings of the
Section 4. – Crimes against religious worship faithful must be directed against religious practice
ART. 132. Interruption of Religious Worship

4. or dogma or ritual for the purpose of ridicule, as
Elements: mocking or scoffing or attempting to damage an
1. That the officer is a public officer or employee; object of religious veneration.
2. That religious ceremonies or manifestations of any 5. There must be deliberate intent to hurt the feelings
religion are about to take place or are going on; and of the faithful, mere arrogance or rudeness is not
3. That the offender prevents or disturbs the same. enough.
NOTE:
1. Qualifying circumstances: with violence or threat. Offense to feelings is judged from the
2. Reading of Bible and then attacking certain complainant’s point of view.
churches in a public plaza is not a ceremony or
manifestation of religion, but only a meeting of a In the Art 131 (Prohibition, Interruption and
religious sect hence only Art 131 was violated. Dissolution of Peaceful Meeting, the person(s) liable
3. Religious worship includes people in the act of is/are public officers or employees who is/are
performing religious rites for a religious ceremony stranger/s in the meeting. If done by insider/s,
or a manifestation of religion. Examples: Mass, crime is unjust vexation.
baptism, marriage. In art 132 (Interruption of Religious
4. X, a private person, punched a priest while the Worship, the person(s) liable is/are public officer(s)
priest was giving homily and maligning a relative of or employee(s).
X. Is X liable? X may be liable under Art 133 In Art 133 (Offending the Religious Feeling,
(Offending religious feelings) because X is a private the person liable is any person.
person.
3. CRIMES AGAINST PUBLIC ORDER (SEE ALSO R.A.
ART. 133. Offending Religious Feelings 8294 & R.A. 9372)
Elements: POLITICAL CRIMES – are those directly aimed

1. Acts complained of were performed- against the political order, as well as such common
a. in a place devoted to religious worship, or crimes as may be committed to achieve a political
b. during the celebration of any religious purpose. The decisive factor is the intent or motive.
ceremony
2. Acts must be notoriously offensive to the Chapter one: Rebellion, Coup d’etat, Sedition, and
feelings of the faithful Disloyalty
NOTE: ART. 134. Rebellion or Insurrection

1. The offender can be any person.
2. If committed in a place devoted to religious Elements:
purpose, there is no need for an ongoing religious 1. That there be a public uprising and taking arms
ceremony. against the government; and
3. Examples of religious ceremony (acts performed 2. That the purpose of the uprising or movement is
outside the church): processions and special either:
a. to remove from the allegiance to said government Enrile vs. Salazar ruling: Hernandez remains binding
or its laws the territory of the Philippines or any doctrine operating on operating to prohibit the
part thereof or any body of land, naval or other complexing of rebellion with other office committed
armed forces, or on the occasion thereof, either as a means to its
b. to deprive the Chief Executive or Congress, wholly commission or as an unintended effect of any
or partially, of any of their powers or prerogatives. activity constitutes rebellion.
Persons Liable: CRMES ABSORBED IN REBELLION

1. LEADER- promotes, maintains, and heads a 4. Thus: Rebellion absorbs other crimes
rebellion or insurrection. committed in furtherance of rebellion. A
2. DEEMED LEADER (If leader is unknown)- private crime may be committed during
directed others, spoke for them, or signed rebellion. Rape, even if not in
receipt in name. 5. DEEMED LEADER (If leader is unknown)-
3. PARTICIPANT- merely participating or directed others, spoke for them, or signed
executing the command of leaders. receipt in name.
6. PARTICIPANT- merely participating or
REBELLION V. INSURRECTION; OBJECT executing the command of leaders.
The object of rebellion is to completely to
overthrow and supersede the existing government.
Insurrection on the other hand seeks merely to REBELLION IS A CONTINUING CRIME
effect some change of minor importance to prevent Rebellion is a continuing crime along with crime of
the exercise of governmental authority with respect conspiracy or proposal to commit rebellion.
to particular matter or subjects.
PRIVATE PURPOSE
PURPOSE OF UPRISING MUST BE SHOWN If killing or robbing was done for private purposes or
Purpose of the Uprising must be shown but it is not for profit, without any political motivation, the
necessary that it be accomplished. crime would be separately punished and would not
be embraced by rebellion (People vs. Fernando).
IF THERE IS NO PUBLIC UPRISING, THE CRIME IS
DIRECT ASSAULT PUBLIC OFFICER MUST PARTICIPATE ACTIVELY
IF there is no public uprising, the crime is direct Public officer must take part because a mere silence
assault. or omission is not punishable as rebellion.
THE GIVING OF AID OR COMFORT IS NOT ABSENCE OF OATH OR RECOGNITION OF

CRIMINAL GOVERNMENT IS NOT A DEFENSE
Mere giving of aid or comfort is not criminal in the In rebellion, it is not a defense that the accused
case of rebellion. There must be ACTUAL never took the oath of allegiance, or that they never
participation. recognized the government.
People vs. Hernandez ruling: rebellion cannot be Art. 134- A. Coup d’etat
complexed with ordinary crimes done pursuant to it
Elements:
People vs. Geronimo ruling: crime done for private 1. Offender is a person or persons belonging to the
purposes without political motivation should be military, or police or holding any public office or
separately punished employment,
2. Committed by means of swift attack, accompanied 1. Leaders- reclusion perpetua

by violence, intimidation, strategy, threat, or stealth 2. Participants (gov’t)- reclusion temporal max period
(VISTS); 3. Participants (not gov’t)- prison mayor max period
3. Directed against: 4. Deemed leader- reclusion perpetua
a. duly constituted authorities of the Philippines
b. any military camp or instillation, communication NOTE: Political crimes, compared to common
networks, public utilities or other facilities needed crimes, are those directly aimed against the political
for the exercise and continued possession of order as well as such common crimes as may be
power committed to achieve a political purpose. Intent is
4. For the purpose of seizing or diminishing state the decisive factor.
power.
In TREASON (114), the nature of crime is against
Persons Liable: national security while in REBELLION (134), COUP
1. Any person who leads or in any manner directs or D’ETAT (134-A) and SEDITION (139), the nature of
commands to undertake coup d’etat (leaders); crime is against public order.
2. Any person in the government service who
participates or executed directions or commands of OVERT ACTS
others in undertaking coup d’etat (participants from In TREASON:
government); 1. Levying war against the government; or
3. Any person not in the government service who 2. Adherence and giving aid or comfort to enemies
participates, or in any manner, supports, finances,
abets, or aids in undertaking a coup d’etat In REBELLION:
(participants not from government); and 1. Public uprising; and
4. Any person who in fact directed the others, spoke 2. Taking up arms against the government.
for them, signed receipts and other documents
issued in their name, or performed similar acts, on In COUP D’ETAT:
behalf of the rebels (deemed leader if leader is 1. Swift attack against authorities, military camp,
unknown) networks or public utilities, or other facilities for
power
NOTE: Coup d’etat may be committed with or
without civilian participation. In SEDITION:
1. Rising publicly and tumultuously (more than 3
men who are armed or provided with means of
violence)
Art. 135. Penalty for Rebellion, Insurrection or PURPOSE

Coup d’etat In TREASON, to deliver the government to the
enemy during war.
Who are liable and penalties:
In REBELLION, to remove territory, or body of armed
Rebellion: forces, or deprive the Chief Executive or Legislature.
1. Leaders- reclusion perpetua
2. Participants- reclusion temporal In COUP D’ETAT, to seize or diminish state power.
3. Deemed leader- reclusion perpetua
In SEDITION (See enumeration in article).
Coup d’etat:
NOTE:
1. Organizing a group of soldiers, soliciting
Art. 136. Conspiracy and Proposal to Commit Coup membership in, and soliciting funds for the
d’ Etat, Rebellion or insurrection organization show conspiracy to overthrow
government.
Elements of Conspiracy:
1. Two or more persons come to an agreement 2. The mere fact of giving and rendering speeches
to rise publicly and take against the favoring Communism would not make the
government; accused guilty of conspiracy if there is no
2. For any of the purposes of rebellion; and evidence that the audience then and there
3. They decide to commit it. agreed to rise up in arms against the
government.
3. The advocacy is not a criminal act of conspiracy
Elements of Proposal:
unless converted into advocacy of action.
1. A person who has decided to rise
Art. 137. Disloyalty of Public Officers or Employers
publicly and take arms against the Acts punishable:
government; 1. Failing to resist rebellion by all the means in
2. For any of the purposes of rebellion; their power; or
and 2. Continuing to discharge the duties of their
3. Proposes its execution to some other offices under the control of rebels; or
person/s. 3. Accepting appointment to office under the
rebels.
PROPOSAL TO COMMIT REBELLION vs. INCITING
TO REBELLION NOTE:
1. Offender must be a public officer or employee.
In PROPOSAL TO COMMIT REBELLION: 2. There must be actual rebellion.
1. The person who proposes has decided to 3. It must not be committed in conspiracy with
commit rebellion.
rebels or coup plotters
2. The person who proposes the execution of
the crime uses secret means. 4. If position is accepted in order to protect the
people, not covered by this article.
In INCITING TO REBELLION:
1. It is not required that the offender has Art. 138. Inciting to Rebellion or Insurrection
decided to commit rebellion.
2. The act of inciting is done publicly. Elements:
1. That the offender does not take arms or is
 In both, the crime of rebellion should not be not in open hostility against the
committed by the person to whom it was government;
proposed or to person incited. 2. That he incites others to the execution of
 If they commit rebellion because of the any of the acts of rebellion; and
proposal or inciting, the proponent or the one 3. That the inciting is done by means of
inciting may become principal by inducement
speeches, proclamation, writings,
in the crime of rebellion.
emblems, banners or other b. To prevent the national government, or

representations tending to the same end. any provincial or municipal government,
or any public officer thereof from freely
NOTE: exercising its or his functions, or prevent
1. Inciting must have been intentionally calculated
the execution of any administrative
to induce others to commit rebellion.
order;
2. In both proposal to commit rebellion and in
c. To inflict any act of hate or revenge upon
inciting to rebellion, rebellion should not
the person or property of any public
actually be committed by the persons to whom
officer or employee;
it was proposed, or who were incited.
d. To commit for any political or social end,
Otherwise, the proponent, or the one inciting
any act of hate or revenge against private
may become a principal by inducement in the
persons or any social class; or
crime of rebellion.
e. To despoil, for any political or social end,
any person, municipality or province, or
Proposal to Commit Rebellion (136) vs. Inciting to
the national government of all its
Rebellion (138)
property or any part thereof.
Proposal to Commit Rebellion (136) NOTE:

1. The person who proposes has decided to
commit rebellion. 1. Tumultuous uprising that caused by more than 3
2. The person who proposes the execution of persons who are armed or provided w/ means
the crime users secret means. of violence.
2. In sedition, offender may be a private or public
Inciting to Rebellion (138) person.
1. Not required that the offender has decided 3. Common crimes are not absorbed in sedition.
to commit rebellion. 4. If the purpose of the offenders is to attain the
2. The inciting is done publicly. objects of rebellion or sedition by force or
violence, but there is no public uprising, the
crime committed is direct assault.
Art. 139. Sedition 5. There is conspiracy to commit sedition (Art. 141)
but no proposal to commit sedition.
Elements:
1. That the offender rise –
a. Publicly, and Sedition (139) vs. Rebellion (134)
b. Tumultuously;
2. That they employ force, intimidation, or Sedition:
other means outside of legal methods; and 1. Sufficient that the public uprising is
3. That the offender employ any of those tumultuous.
means to attain any of the following objects: 2. Purpose of the offenders may be political or
a. To prevent the promulgation or social.
execution of any law or the holding of
any popular election; Rebellion:
1. Taking up of arms against the government. 1. That the offender does not take a direct
2. The purpose is always political. part in the crime of sedition;
2. That he incites others to the
* In both, there must be a public uprising. accomplishment of any of the acts which
constitute sedition; and
3. That the inciting is done by means of
Art. 140. Penalty for Sedition
speeches, proclamations, writing, emblems,
Persons liable: cartoons, banners, or other representations
tending to the same end.
1. Leader of the sedition, and
Uttering and writing punishable:
2. Other persons participating in the sedition.
Art. 141. Conspiracy to Commit Sedition 1. When they tend to disturb or obstruct any
public officer in executing the functions of
 There must be an agreement and a decision his office; or
to rise publicly and tumultuous to attain 2. When they tend to instigate others to cabal
any of the objects of sedition in order to and meet together for unlawful purposes;
constitute the crime of conspiracy to or
commit sedition. 3. When they suggest or incite rebellious
 There is no proposal to commit sedition. conspiracies or riots; or
4. When they lead or tend to stir up the
Art. 142. Inciting to Sedition people against the lawful authorities or to
disturb the peace of the community, the
Acts punishable:
safety and order of the government.
1. Inciting others to the accomplishment of
2 Rules relative to seditious words:
any of the acts which constitute sedition by
means of speeches, proclamation, 1. Dangerous Tendency rule
emblems, writing, (SPEW) etc. 2. Clear and Present Danger rule
2. Uttering seditious words or speeches which
tend to disturb the public peace;
3. Writing, publishing, or circulating scurrilous Chapter Two: CRIMES AGAINST POPULAR
(vulgar, mean, libelous) libels against the REPRESENTATION
government or any of the duly constituted
Section 1. – Crimes against legislative bodies and
authorities thereof, which tend to disturb
similar bodies
the public peace; or
4. Knowingly concealing such evil practices. Art. 143. Acts Tending to Prevent the Meeting of
the Assembly and Similar Bodies
Elements:
Elements of Act 1: 1. A projected or actual meeting of Congress
or any of its committees or subcommittees,
constitutional commissions or committees
or divisions thereof, or of any provincial constitutional commissions or committees or

board or city municipal council or board; divisions thereof, or from expressing his
and opinions or casting his vote.
2. That the offender who may be any person
prevents such meeting by force or fraud. Elements:
NOTE: The Chief of Police and mayor who 1. Offender uses force, intimidation, threat or
prevented the meeting of the municipal council are fraud
liable under Art. 143, when the defect of the 2. Purpose is to prevent any member of
meeting is not manifest and requires an Congress from:
investigation before its existence can be a. Attending the said meetings;
determined.
b. Expressing his opinions; or
Art. 144. Disturbance of Proceedings c. Casting his vote.
Elements:
2. By arresting or searching any member thereof
1. An actual meeting of Congress or any of its while Congress is in a regular or special session,
committees, constitutional commissions or except in case such member has committed a
committees or divisions thereof, or of any crime punishable under the code by a penalty
provincial board or city or municipal higher than prision mayor
council or board; and
Elements:
2. That the offender does any of the following 1. Offender is a public officer or employee;
acts 2. He arrests or searches any member of
a. He disturbs nay of such meetings Congress
b. He behaves while in the presence of 3. Congress, at the time of arrest or search is
any such bodies in such a manner as to in regular or special session
interrupt its proceedings or to impair 4. Member arrested or searched has not
the respect due it. committed a crime punishable by a penalty
NOTE: Accused may also be punished for contempt of prision mayor or higher.
by the legislative body.
Section 2. – Violation of Parliamentary Immunity

NOTE:
Art. 145. Violation of Parliamentary Immunity
1. In the 1st mode of this offense, the offender is
Acts punishable: any person.
2. Parliamentary immunity does not mean
1. By using force, intimidation, fraud, threat exemption from criminal liability, except from a
(FIFT) to prevent any member of Congress from crime that may arise from any speech that the
attending the meeting of the assembly or any member of Congress may deliver on the floor
of its committees, subcommittees, during regular or special session.
3. To be consistent with the 1987 Constitution, 1. Presumed that the purpose of meeting is to
the phrase “by a penalty higher than prision commit any crime under RPC insofar as he is
mayor” in Art. 145 should be amended to read concerned.
‘by the penalty of prision mayor or higher.” 2. Presumed that the one in possession of
unlicensed firearm is the leader or organizer of
Chapter Three: ILLEGAL ASSEMBLIES AND the meeting.
ASSOCIATIONS
NOTE:
Art. 146. Illegal Assemblies
1. Not all the persons present at the meeting of
2 types of illegal assemblies: the first form of illegal assembly need to be
armed.
1. Meeting attended by armed persons for the
2. If the audience is incited to commit rebellion or
purpose of committing any of the crimes
sedition, the crimes committed are illegal
punishable under the Revised Penal Code;
assembly as regards the organizers or leaders
and persons merely present and inciting to
Requisites:
rebellion or sedition insofar as the one inciting
1. There’s a meeting – gathering or group of them is concerned.
persons whether fixed or moving; 3. Persons liable for illegal assembly:
2. Meeting is attended by armed persons; and a. organizers or leaders of the meeting
3. The purpose of meeting is to commit any b. persons merely present at the meeting
of the crimes punishable under RPC. (except when presence is out of curiosity –
not liable since they do not have intent to
2. A meeting in which the audience, whether commit the felony of illegal assembly)
armed or not, is incited to the commission of
Art. 147. Illegal associations
the crimes of treason, rebellion or insurrection,
sedition or assault upon a person in authority or 2 kinds of illegal associations:
his agent.
1. Organizations totally or partially organized for
Requisites:
the purpose of committing any of the crimes in
1. There’s a meeting – gathering or group of RPC; or
persons whether fixed or moving; 2. For some purpose contrary to public morals.
2. Audience whether armed or not is incited
to the commission of the crime of treason, Persons liable:
rebellion or insurrection, sedition or direct 1. Founders, directors and president of the
assault. association; and
2. Mere members of the association
When a person carries unlicensed firearm in the Chapter Four: ASSAULT, RESISTANCE AND
assembly: DISOBEDIENCE
Art. 148. Direct Assault 4. That the offender knows that the one he is
assaulting is a person in authority or his agent
2 Ways to commit direct assault: (with intention to offend, injure or assault); and
5. No public uprising.
1. Without public uprising, by employing force or
intimidation for attainment of any of the
NOTE:
purpose enumerated in defining the crimes of
1. The force employed in assaulting a Person in
rebellion and sedition (first form)
Authority need not be serious, while that of
Elements: the Agent must be of serious character.
2. In both cases, the intimidation/resistance
1. Offender employs force or intimidation; employed against them must be serious.
2. Aim of offender is to attain any of the purposes
of the crime of rebellion or sedition; and GENERAL RULE: Direct assault is always complexed
3. That there is no public uprising. with the material consequence of the act (Ex. Direct
assault with murder).
NOTE: EXCEPTION: If resulting in a light felony, the
consequent crime is absorbed.
1. If the aim of the offender is to attain an object
OFFENDER IS A PERSON IN AUTHORITY: FORCE
of sedition, the offended party may be a private
NEED NOT BE SERIOUS
individual or person belonging to a social class
The force employed need not be serious when the
(Par 4 of Art. 139). offended party is a person in authority (Ex. Laying of
2. Without public uprising, by attacking, by hands).
employing force or by seriously intimidating or
by seriously resisting any person in authority or INTIMIDATION MUST BE SERIOUS IN ALL CASES
any of his agents, while engaged in the The intimidation or resistance must be serious
whether the offended party is an agent only or a
performance of official duties, or on the
person in authority (Ex. Pointing a gun).
occasion of such performance (second form).
RESISTANCE MUST BE ACTIVE
Elements:
Resistance must be active. It is only passive when
for example the one to be arrested throws himself
1. Offender (a) makes an attack, (b) employs
on the ground making it necessary to drag him along
force, (c) makes a serious intimidation, or (d) to jail.
makes a serious resistance;
2. Person assaulted is a person in authority or his PERSON IN AUTHORITY, DEFINED
agent; A person in authority is any person directly vested
3. At the time of the assault the person in with jurisdiction (power or authority to govern and
execute the laws) whether as an individual or as a
authority or his agent
member of some court or government corporation,
a. Is engaged in the actual performance of board or commission. Examples: A barangay
official duties (motive is not essential); or captain, a Division Superintendent of Schools,
b. Is assaulted by reason of the past President of Sanitary Division and a teacher for
performance of official duties (motive is purposes only for Art 148 and 151.
essential);
DIRECT ASSAULT MAY BE COMMITTED UPON A

AGENT OF A PERSON IN AUTHORITY, DEFINED PRIVATE PERSON
Direct assault may be committed upon a private
An agent is one who, by direct provision of law or person who comes to the aid a person in authority
by election or by appointment by competent since he is then considered an agent of a person in
authority, is charged with the maintenance public authority.
order and the protection and security of life and
property. Examples: Barrio councilman and any DIRECT ASSAULT CANNOT BE COMMITTED DURING
person who comes to the aid of the person in REBELLION
authority, policeman, municipal treasurer, Direct assault cannot be committed during
postmaster, sheriff, agents of the BIR, Malacañang rebellion. Crime of slight physical injuries is
confidential agent. absorbed in direct assault.
PERSON IN AUTHORITY AGREES TO FIGHT Qualifying Circumstances:

Even when the person in authority or the agent
agrees to fight, direct assault is still committed. 1. When the assault is committed with a weapon;
2. When the offender is a public officer or
WHEN BOTH CONTEND THAT THEY ARE employee; or
EXERCISING A DUTY, THERE CAN BE NO ASSAULT
3. When the offender lays hand upon a person in
OR DISOBEDIENCE
There can be no assault upon or disobedience to authority
one’s authority by another person in authority or
Art. 149. Indirect assault
his agent when they both contend that they were in
the exercise of their respective duties.
Elements:
WHEN A PERSON IN AUTHORITY OR HIS AGENT IS
1. The direct assault is committed against an agent
NOT PERFORMING OFFICIAL DUTIES
A person in authority or his agent is not in the of a person in authority;
actual performance of official duties when he (1) 2. That the offended party comes to the aid of
exceeds his powers, (2) uses unnecessary force or such person in authority or his agent; and
violence or (3) descends into matters which are 3. That the offender makes use of force or
private in nature. intimidation upon the said offender party.
KNOWLEDGE THAT VICTIM IS A PERSON IN NOTE:

AUTHORITY IS ESSENTIAL
Knowledge of the accused that the victim is a 1. Indirect assault can be committed only when a
person in authority or his agent is essential and direct assault is also being committed.
such knowledge must be alleged in the information.
2. The offended party in the indirect assaults may
EVIDENCE OF MOTIVE WHEN NOT IN THE be a private person.
PERFORMANCE OF OFFICIAL DUTY IS REQUIRED
Art. 150. Disobedience to summons issued by the
Evidence of motive of the offender is important
National Assembly, its committees or
when the person in authority or his agent who is
subcommittees, by the Constitutional Committees,
attacked or seriously intimidated is not in the actual
subcommittees or divisions
performance of his official duty.
Acts Punishable:
1. By refusing, w/o legal excuse, to obey NOTE:

summons issued by the Congress or any of its
committees or subcommittees, Constitutional 1. Person in authority or his agent must be in the
committees or by any commission or actual performance of his official duties.
committee chairman or member authorized to 2. The disobedience contemplate consists in the
summon witnesses; failure or refusal to obey a direct order from the
2. Refusal of any person present before a authority or his agent.
legislative or constitutional body or official to: 3. The accused must have knowledge that the
to be sworn or placed under affirmation. person giving the order is a person in authority
3. By refusing to answer any legal injury; or to of his agent.
produce books, documents, records etc. when 4. The order must be lawful otherwise resistance is
required to do so by the said bodies in the justified.
exercise of their functions; 5. Disobedience in 2nd par. must not be serious.
4. Restraining another from attending as witness Otherwise it will fall under 1st par.
in such body; or 6. Resistance must not be serious otherwise it will
5. Inducing disobedience to a summons or refusal fall under direct assault.
to be sworn.
Direct Assault (1480) vs. Resistance & Disobedience
Art. 151. Resistance and disobedience to a person to a Person in Authority (PIA) or His Agent (151)
in authority or the agents of such person
Elements – Resistance and Serious Disobedience Direct Assault:
(par. 1)
1. PIA or his agent must be engaged in the
1. That a person is authority or his agent is performance of official duties or that he is
engaged in the performance of official duty or assaulted by reason thereof.
gives a lawful order to the offender; 2. Direct assault is committed in 4 ways: by
2. That the offender resists or seriously disobeys attacking. employing force, seriously
such person in authority or his agent; and intimidating, and seriously resisting a PIA or
3. That the act of the offender is not included in his agent.
the provisions of Art. 148, 149 and 150. 3. Use of force against an agent of PIA must be
serious and deliberate.
Elements – Simple Disobedience (par. 2)
Resistance & Disobedience to a Person in Authority
1. That an agent of a person in authority is
(PIA) or His Agent:
engaged in the performance of official duty
1. PIA or his agent must be in the actual
gives a lawful order to the offender;
performance of his duties.
2. That the offender disobeyed such agent of a 2. Committed by resistance or seriously
person in authority; and disobeying a PIA or his agent.
3. That such disobedience is not of a serious 3. Simple disobedience – force against an
nature agent of a PIA is not so serious; No manifest
intention to defy the law and officers
enforcing it.
2. Other barangay officials and members who

may be designated by law or ordinance and
charged with the maintenance of public
Art. 152. Persons in authority and agents of
order, protection and the security of life,
persons in authority – who shall be deemed as
such property, or the maintenance of a desirable
and balanced environment, and any
PERSON IN AUTHORITY – any person directly barangay member who comes to the aid of
vested with jurisdiction, whether as an individual persons in authority shall be deemed agent
or as a member of some court of governmental of persons in authority.
corporation, board of commission. They include.
3. Teachers, professors, lawyers etc could be
Barangay Captain, Barangay Chairman
For purposes of Art. 148 and 151: Teachers, considered as persons in authority not only
professors, persons charged with the supervision of for Arts. 148 and 151 but also for Art. 149
public or duly recognized private schools, colleges (L.B. Reyes)
and universities, lawyers in the actual performance
of their professional duties or on the occasion of Chapter Five: PUBLIC DISORDERS
such performance are persons in authority.
Art. 153. Tumults and other disturbances of public
AGENT OF PERSON IN AUTHORITY- any person order – Tumultuous disturbance or interruption
who, by direct provision of law or by election or by liable to cause disturbance
appointment by competent authority, is charged
with the maintenance of public order and the Tumults and other disturbances:
protection and security of life and property. They
include: 1. Causing any serious disturbance in a public
a. Barrio councilman place, office or establishment;
b. Barrio policeman 2. Interrupting or disturbing public performances,
c. Barangay leader functions, gatherings or peaceful meetings, if
d. Any person who comes to the aid of the act is not included in Arts. 131 and 132
persons in authority (Public Officers interrupting peaceful meetings
or religious worship);
3. Making any outcry tending to incite rebellion or
sedition in any meeting association or public
place;
NOTE: 4. Displaying placards or emblems which provoke
a disturbance of public order in such place;
1. Section 388 of the Local Gov’t Code 5. Burying with pomp the body of a person who
provides that for purposes of the RPC, the has been legally executed.
punong barangay, sangguniang barangay
members and members of the lupong TUMULTUOUS – caused by more than 3 persons
who are armed or provided with means of violence.
tagapamayapa in each barangay shall be
deemed as persons in authority in their NOTE:
jurisdictions. 1. If the act of disturbing or interrupting a meeting
or religious ceremony is not committed by
public officers, or if committed by public 1. Discharging any firearm, rocket, firecracker, or

officers who are participants therein, this article other explosive within any town or public place,
applies. Art. 131 and 132 punishes the same calculated to cause (which produces) alarm or
acts if committed by public officers who are not danger.
participants in the meeting. 2. Instigating or taking active part in any charivari
2. The outcry is merely a public disorder if it is an or other disorderly meeting offensive to another
unconscious outburst which, although or prejudicial to public tranquility.
rebellious or seditious in nature, is not 3. Disturbing the public peace while wandering
intentionally calculated to induce others to about at night or while engaged in any other
commit rebellion or sedition, otherwise, it is nocturnal amusement.
inciting to rebellion or sedition. 4. Causing any disturbance or scandal in public
3. Qualifying circumstances – if it is TUMULTUOUS places while intoxicated or otherwise, provided
the act is not covered by Art. 153 (tumults).
Art. 154. Unlawful use of means of publication
and unlawful utterances NOTE:
1. Charivari – mock serenade or discordant
Acts punishable: noises made with kettles, tin horns, etc.,
designed to deride, insult or annoy.
1. Publishing or causing to be published, by means
2. Firearm must not be pointed at a person,
of printing, lithography or any other means of
otherwise, it is illegal discharge of firearm
publication as news any false news which may
(Art. 254)
endanger the public order, or cause damage to
3. For discharging any firearm, etc, the act
the interest or credit of the State.
must produce alarm or danger as a
2. Encouraging disobedience to the law or to the
consequence.
constituted authorities or by praising, justifying
or extolling any act punished by law, by the Art. 1565. Delivering prisoners from jail
same means or by words, utterances or
speeches. Elements:
3. Maliciously publishing or causing to be
published any official resolution or document 1. That there is a person confined in a jail or
without proper authority, or before they have penal establishment;
been published officialy. 2. That the offender removes there from such
4. Printing, publishing or distributing or (causing person, or helps the escape of such person.
the same) books, pamphlets, periodicals or DOES NOT APPLY TO DETENTION PRISONERS
leaflets which do not bear the real printer’s Escapee, if already serving final judgment, will in
name, or which are classified as anonymous. turn be held liable for evasion of sentence (Art.
157). If he is merely detention prisoner he is not
Art. 155. Alarms and scandals criminally liable.
Acts punishable: OFFENDER IS AN OUTSIDER

The offender is generally an outsider to the jail. If
the offender is a public officer or a private person
who has custody of the prisoner and who helps a NOTE:

prisoner under his custody, Arts. 223 (infidelity in 1. This is a continuing offense.
the custody of a prisoner) and 225 (escape of 2. This article does not apply to minor
prisoner under custody of private person) will delinquents, detention prisoners, or
apply, respective.
deportees.
MAY APPLY TO A PRISONER
Art. 156 may apply to a prisoner who helps the 3. If the offender escaped within the 15-day
escape of another prisoner. appeal period, crime is not evasion because
judgment is not yet final.
MAY BE COMMITTED THROUGH NEGLIGENCE OR 4. Circumstances qualifying the offense:
IMPRUDENCE Evasion of sentence was done through:
This felony may also be committed through a. Unlawful entry (by “scaling”);
imprudence or negligence.
b. Breaking doors, windows, gates, walls,
PERSON CHARGED WITH DELIVERY MAY BE LIABLE roofs or floors;
AS AN ACCOMPLICE c. Using picklocks, false keys, disguise,
A person delivering a prisoner from jail may be held deceit, violence or intimidation; or
liable as accessory if the crime committed by the d. Connivance with other convicts or
prisoner for which he is confined or serving employees of the penal institution.
sentence is treason, murder or parricide
Art. 158. Evasion of service of sentence on the
QUALIFYING CIRCUMSTNACE ART. 156 occasion of disorders, conflagrations, earthquakes,
Circumstance qualifying: use of violence, or their calamities
intimidation or bribery.
Elements:
MITIGATING CIRCUMSTACE
Mitigating circumstance: if it takes place outside 1. That the offender is a convict by final
the penal establishment by taking the guards by judgment who is confined in a penal
surprise.
institution.
Chapter Six: EVASION OF SENTENCE OR SERVICE 2. That there is disorder, resulting from:
(MCScEE)
Art. 157. Evasion of Service of Sentence a. Conflagration,
b. Earthquake,
Elements: c. Explosion,
d. Similar catastrophe, or
1. That the offender is a convict by final
e. Mutiny in which he has not
judgment.
participated;
2. That he is serving his sentence which
3. That the offender evades the service of his
consists in deprivation of liberty (destierro
sentence by leaving the penal institution
included); and
where he is confined, on the occasion of
3. That the offender evades the service of his
such disorder or during the mutiny; and
sentence by escaping during the term of his
4. That the offender fails to give himself up to
sentence.
the authorities within 48 hours following the
issuance of a proclamation by the Chief
Executive announcing the passing away of Two penalties:

such calamity. 1. Prision correctional in its minimum period –
if the penalty remitted does not exceed 6
years.
EFFECT EVASION OF SENTENCE; INCREASE IN 2. The unexpired portion of his original
PENALTY
sentence – if the penalty remitted is higher
Penalty of commission of this felony is an increase
by 1/5 of the time remaining to be served under the than 6 years.
original sentence, in no case to exceed 6 months.
SPECIAL ALLOWANCE FOR LOYALTY: DEDUCTION OF NOTE: Offender must have been found guilty of the
PENALTY subsequent offense (through w/c he violated his
conditional pardon) before he can be prosecuted
The special allowance for loyalty (i.e. deduction of under this Article. But under the Revised Admin.
sentence) authorized by Art. 98 and 158 (2nd Code, no conviction is necessary. President has the
paragraph) refers to those convicts, who having power to arrest, and reincarcerate offender without
evaded the service of their sentence by leaving the trial.
penal institution, give themselves up within 48
hours. They will be entitled to a deduction of 1/5 of Chapter Seven: COMMISSION OF ANOTHER CRIME
his sentence. DURING SERVICE OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFFENSE
WHAT IS PUNISHED IS THE FAILURE TO GIVE
HIMSELF U WITHIN 48 HOURS OF THE CESSATION Art. 160. Commission of Another Crime During
OF CALAMITY. Service of Penalty Imposed for Another Previous
What is punished is not the leaving of the penal Offense
institution, but the failure of the convict to give
himself up to the authorities within 48 hours after NOTE: This article provides for quasi-recidivism
the proclamation announcing the passing away of
the calamity. Element:
1. That the offender was already convicted by
MUTINY, DEFINED final judgment of one offense; and
Mutiny is an organized unlawful resistance to a 2. That the committed a new felony before
superior officer. beginning to serve such sentence or while
Disarming the guards is not mutiny. serving the same.
Art. 159. Other cases of evasion of service of NOTE:

sentence a. Quasi-recidivism is a special aggravating
circumstance where a person, after having
Elements: been convicted by final judgment shall
1. That the offender was a convict;
commit a new felony before beginning to
2. That he was granted a conditional pardon
serve such sentence, or while serving the
by the Chief Executive; and
same.
3. That the violated any of the conditions of
b. Second crime must belong to the RPC, not
such pardon.
special laws. First crime may be either from
the RPC or special laws.
c. The aggravating circumstances of the chief executive was forged by another

reiteracion, on the other hand, requires person;
that the offender shall have served out his 2. That the offender knew of the
sentence for the prior offense. counterfeiting or forgery; and
d. GENERAL RULE: A quasi-recidivist may be 3. That he used the counterfeit seal or forged
pardoned at age 70 if he shall have already signature or stamp.
served out his original sentence or when he
shall complete it after reaching said age NOTE: Offender is NOT the forge or the cause of
the counterfeiting
Exception: Unworthy, or habitual
delinquent. Section 2 – Counterfeiting coins
e. The penalty: maximum period of the
penalty for the new felony should be Art. 163. Making and important and uttering false
imposed. coins
f. Quasi-Recidivism may be offset by a special
Elements:
privileged mitigating circumstance and not
1. That there be false or counterfeited coins
by ordinary mitigating circumstances.
(need not be legal tender);
4. CRIMES AGAINST PUBLIC INTEREST 2. That the offender either made, imported or
uttered such coins; and
Chapter One: FORGERIES 3. That, in case of uttering such false or
counterfeited coins, he connives with
Section 1.- Forging the seal of the Government of counterfeiters or importers.
the Philippine Island, the signature or stamp of the
Chief Executive NOTE:
1. A coin is counterfeit if it is forged, or if it is
Art. 161. Counterfeiting the great seal of the
not authorized by the government as legal
Government of the Philippine Islands, forging the
signature or stamp of the Chief Executive. tender, regardless if it is of intrinsic value.
2. Counterfeiting is the imitation of legal or
Acts Punishable: genuine coin such as to deceive an ordinary
1. Forging the Great Seal of the Government; person in believing it to be genuine.
2. Forging the signature of the President; or 3. To utter is to pass counterfeited coins,
3. Forging the stamp of the President deliver or give away.
4. To import is to bring them into port.
NOTE: When the signature of the President is
Importation is complete even before entry
forged, it is not falsification but forging of signature
of the Chief Executive under this article. them into port. Importation is complete
even before entry at the Customs House.
Art. 162. Using forged signature or counterfeit seal 5. This article also applies to Philippine coins,
or stamp foreign state coins, and coins withdrawn
from circulation. This does not require that
Elements: the coins counterfeited be legal tender.
1. That the Great Seal of the Republic was
counterfeited or the signature or stamp of
Art. 164. Mutilation of coins – Importation and utter the same, knowing that it is false or
utterance of mutilated coins mutilated.
Acts Punishable: Elements:

1. Mutilating coins of legal currency with the 1. possession
further requirement that there be intent to 2. with intent to utter, and
damage or to defraud another. 3. knowledge
2. Importing or uttering such mutilated coin
with the further requirement that there 2. Actually uttering such or mutilated coin,
must be connivance with the mutilator or knowing the same to be false or mutilated.
importer in case of uttering.
Elements:
NOTE: 1. actually uttering, and
1. Mutilation is to take off part of the metal 2. knowledge
either by filling it or substituting it for
another metal of inferior quality, to
NOTE:
diminish by ingenious means the metal in
1. Possession or uttering does not require that
the coin.
coins be legal tender.
2. Foreign notes and coins not included under
2. Crime under this article includes
this article. Mutilation must be Philippine
constructive possession or the subjection of
legal tender.
the thing to one’s control.
3. There must be intention to mutilate.
3. If the false or mutilated coins are found in
(X) (PD 247) possession of the counterfeit or mutilators
PROHIBITING AND PENALIZING, MUTILATION, or importers, such possession does not
TEARING, BURNING OR DESTRUCTION OF CENTRAL constitute a separate offense but is
BANK NOTES AND COINS: punished either under Art. 163 or 164.
Acts punishable: Section 3. Forging treasury or bank notes,

1. Willful defacement obligations and securities; importing and uttering
2. Mutilation false or forged notes, obligations and securities
3. Tearing
4. Burning Art. 166. Forging treasury or bank notes,
obligations and securities; importing and uttering
5. Destruction of Central Bank notes and coins
false or forged notes, obligations and securities.
Art. 165. Selling of false or mutilated coin, without
connivance Acts punishable:
1. Forging or falsification of treasury or bank
Art. Punishable: notes or documents payable to bearer;
1. Possession of a coin counterfeited or 2. Importing of such false or forged obligations
mutilated by another person, with intent to or notes; or
3. Uttering of such false or forged obligations 1. That any treasury or bank note or certificate
and notes in connivance with forgers and or other obligation and security payable to
importers. bearer, or any instrument payable to order
or other document of credit not payable to
bearer is forged falsified by another person;
2. That the offender knows that any of those
NOTE:
1. Forging is committed by giving a treasury or instruments is forged or falsified; and
bank note or any instrument payable to 3. That he performs any of these acts:
bearer or order an appearance of a true a. using any of such forged or falsified
and genuine document. instruments, or
2. Falsification is committed by erasing, b. possessing with intent to use any of
substituting, counterfeiting or altering by such forged or falsified instruments.
any means the figures and letters, words,
NOTE:
signs contained therein. 1. The act sought to be punished is knowingly
3. Forging PNB checks is not included under possessing with intent to use any of such
this article. That is falsification of forged treasury or bank notes.
commercial document under Article 172. 2. The accused has the burden to give a
4. Obligation or security includes bonds, satisfaction explanation of his possession of
certificate of indebtedness, bills, national forged bills. Mere possession of false
bank notes, coupons, treasury notes, money bill, without intent to use it to the
certificates of deposit, checks, drafts for damage of another is not a crime.
money and sweeptakes money. 3. A person in possession of falsified document
and who makes use of the same is
Art. 167. Counterfeiting, Importing, and uttering
instrument not payable to bearer presumed to be material author of
falsification.
Elements:
1. That there be an instrument payable to Art. 169. How forgery is committed
order or other document of credit or
How forgery is committed:
payable to bearer’;
2. That the offender either: a. By giving to a treasury or bank note or nay
a. forged, instrument payable to bearer or to order;
b. imported or the appearance of a true and genuine
c. uttered such instruments; in document;
connivance with the forger or importer. b. By erasing, substituting, counterfeiting,
altering by any means the figures, letters or
Art. 168. Illegal possession and use of false
treasury or bank notes and other instruments of words, or signs contained therein.
credit
NOTE: If all acts are done but genuine appearance
Elements: is not achieve, the crime is frustrated.
Section 4. – Falsification of legislative, public, 3. That he falsifies a document by committing

commercial, and private documents and wireless, any of the following acts:
telegraph and telephone messages a. Counterfeiting or imitating any
handwriting, signature or rubric.
b. Causing it to a appear that persons have
Art. 170. Falsification of legislative document participated in any act or proceeding
when they did not in fact so participate
Elements: c. Attributing to persons who have
1. That there be a bill, resolution, or participated in an act or proceeding
ordinance enacted or approved or pending statements other than those in fact
approval by Congress or any provincial made by them.
board of municipal council; d. Making untruthful statements in a
2. That the offender (any person) alters the narration of facts.
same; e. Altering true dates
3. That he is no proper authority therefore; f. Making any alteration or intercalation in
4. That the alteration has changed the a genuine document which changes its
meaning of the document meaning.
g. Issuing in authenticated form a
document purporting to be a copy of an
original document when no such
original exists, or including in such copy
NOTE: of statement contrary to, or different
 Accused must not be a public official from, that of the genuine original.
entrusted with the custody or possession of h. Intercalating any instrument or note
such document, otherwise Art. 171 applies. relative to the issuance thereof in a
 The bill, resolution or ordinance must be protocol, registry or official book.
genuine. 4. In case of offender is an ecclesiastical
minister, the act of falsification is
Art. 171 Falsification by public officer, employee or
committed with respect to any record or
notary or ecclesiastical minister
document of such character that its
Elements: falsification may affect the civil status of
1. That the offender is a public officer, persons.
employees, or notary public.
Persons who may be held liable:
2. That he takes advantage of his official
position.
1. Public officer, employee, or notary public
a. He has a duty to make or to prepare or who takes advantage of his official position.
otherwise to intervene in the
2. Ecclesiastical minister if the act of
preparation of the document; or
falsification may affect the civil status of
b. He has the official custody of the persons
document which he falsifies
3. Private individual, if in conspiracy with 1. That the offender caused it to appear in

public officer a document that a person or persons
participated in an act or a proceeding.
2. That such person did not in fact
NOTE:
participate in the act or proceeding
1. There is no crime of attempted or
c. Attributing to persons who have
frustrated falsification of public document.
participated in any act or proceeding
2. If offender does not take advantage of his
statements other than those in fact made
public position, he may still be liable for
by them
falsification of documents by a private
1. That a person or person participated in
person under Art. 172.
an act or a proceeding
3. It is not necessary that what is falsified is a
2. That such person or persons made
genuine or real document (except in par. 6
statements in that act or proceeding;
2nd part of par. 7 and par. 8) it is enough
and
that it gives an appearance of a genuine
3. That the offender, in making a
article.
document, attributed to such person or
COUNTERFEITING – intent or attempt to imitate persons statements other than those in
FEIGNING – to represent by false appearance when fact made by such person or persons.
no original exists d. Making untruthful statements in a
narration of facts
Acts of Falsification:
a. Counterfeiting or imitating (feigning) any
Elements:
handwriting signature or rubric 1. That the offender makes in a document
statements in a narration of facts
COUNTERFEITING
2. That he has a legal obligation to
Elements: disclose the truth of the facts narrated
1. That there be an intent to imitate, or an by him
attempt to imitate; and 3. That the facts narrated by the offender
2. That the two signatures or are absolutely false;
handwritings, the genuine and the 4. That the perversion of truth in the
forged, bear some resemblance to each narration of facts was made with the
other. wrongful intent of injuring a third
 Lack of similitude/imitation of a genuine person.
signature will not be a ground for
NOTE:
conviction under par. 1 but such is not an 1. There must be a narration of facts, not a
impediment to conviction under par. 2
conclusion of law. Narration must be on a
b. Causing it to appear that persons have material matter.
participated in an act or a proceeding 2. The person making the narration of facts
must be aware of the falsity of the facts
narrated by him. This kind of falsification h. Intercalating any instrument or note

may be committed by omission. relative to the issuance thereof in a
3. Legal obligation means that there is a law protocol, registry or official book.
requiring the disclosure of the truth of the
facts narrated. Ex. Residence certificates Art. 172. Falsification by private individuals
and use of falsified instruments
4. The narration of facts must be absolutely
false and without an colorable truth as to Acts punishable:
any part. 1. Falsification of public official or commercial
5. Wrongful intent to injure is not necessary in document by a private individual (par. 1)
the case of public documents. 2. Falsification of private document by any
e. Altering true dates person (par. 2)
 Date must be essential 3. Use of falsified document (par. 3)
 Alteration must affect veracity of document
or its effects. Elements of falsification of public, official, or
commercial document by a private individual (par.
f. Making any alteration or intercalation in a
1)
genuine document which changes its 1. That the offender is a private individual or a
meaning public officer or employee who did not take
advantage of his official position;
Elements:
2. That he committed any of the acts of
1. That there be an alteration (change) or
falsification enumerated in Art. 171;
intercalation (insertion) on a document;
3. That the falsification was committed in any
2. That it was made on a genuine
public or official or commercial document.
document;
3. That the alteration or intercalation has DAMAGE IS PRESUMED
change the meaning of a document; Under this paragraph, damage is not essential, it is
4. That the change made the document presumed.
speak something false.
g. Issuing in an authenticated form a LACK OF INTENT OR MALICE IS A DEFENSE
Lack of malice or criminal intent may be put as
document purporting to be a copy of an
defense under this article, as when it is with the
original document when no such original authority of the heirs of a deceased in a deed of
exists, or including in such copy a statement sale.
contrary to, or different from, that of the
genuine original KINDS OF COMMERCIAL DOCUMENTS
 This act cannot be committed by a private Commercial documents: warehouse receipts,
airways bills, bank checks, cash files, deposit slips
individual or a notary public or public
and bank statements, journals, books, ledgers,
official who does not take advantage of his drafts, letters of credit and other negotiable
official position. instruments.
 If no knowledge, falsification through
negligence. A BLANK FORM IS NOT AN OFFICIAL DOCUMENT
A mere blank form of an official document is not in
itself a document.
POSSESSION IS PRESUMED TO BE THE AUTHOR Elements of use of falsified document (par. 3, art.
The possessor of falsified document is presumed to 172):
be the author of the falsification.
Introducing in a judicial proceeding
Elements of falsification of private document (par. 1. That the offender knew that a document
3, art. 172): was falsified by another person.
1. That the offender committed any of the 2. That the false document is embraced in art.
acts of falsification, except those in 171 or in any subdivision nos. 1 and 2 of
paragraph 7 and 8, enumerated in art. 171; art. 172.
2. That the falsification was committed in any 3. That he introduced said document in
private document; and evidence in any judicial proceeding.
3. That the falsification caused damage to a
third party or at least the falsification was Use in any other transaction:
committed with intent to cause such 1. That the offender knew that a document
damage was falsified by another person.
2. That the false document is embraced in art.
INTENT TO PROFIT IS IMMATERIAL 171 or in any of subdivision nos. 1 and 2 of
It is not necessary that the offender profited or art. 172.
hoped to profit.
3. That he used such documents (not in judicial
DOCUMENT TO E FALSIFIED TO COMMITA proceedings).
ANOTHER CRIME MUST BE A PUBLIC DOCUMENT 4. That the use of the documents caused
A document falsified as a necessary means to damage to another or at least was used
commit another crime (complete crime) must be with intent to cause such damage.
public, official or commercial. Hence, there is no
complex crime of estafa through falsification of a The user of falsified document is deemed the
private document because the immediate effect of author of the falsification, if:
the letter is the same as that of estafa. 1. The use was so closely connected in time
NO FALSIFICATION THROUGH RECKLESS with the falsification, and
IMPRUDENCE 2. The user had the capacity of falsifying the
If the estafa was already consummated at the time document.
the falsification of a private document. There was
no damages or intent to case damage.
Falsification of Private Documents vs. Falsification
A PRIVATE DOCUMENT BECOMES A PUBLIC of Public/Official Documents
DOCUMENT IF IT BECOMES PART OF OFFICIAL In Falsification of Private Document, damage to
RECRODS third party is an element of the offense.
A private document may acquire the character of a
public document when it becomes part of an official
In Falsification of Public /Official Documents
record and is certified by a public officer duly
authorized by law. The crime is falsification of Damage to third persons is immaterial; what is
public documents even if the falsification took place punished is the violation of public faith and
before the private document became part of the perversion of truth which the document proclaims.
public records.
The public officer, to be liable, must be engaged in

Art. 173. Falsification of wireless, cable, telegraph, the service of sending or receiving wireless, cable
and telephone messages, and use of said falsified and telegraph or telephone message.
messages
For uttering or falsifying a private individual may be
Acts punishable: a principal by inducement but not direct
1. Uttering fictitious, wireless, telegraph or participation. For use of a falsified message, the
telephone message or falsifying message offender may be any person.
a. That the offender is an officer or
Section 5 – Falsification of medical certificates,
employee of the government or an
certificates of merit or service and the like
officer or employee of a private
corporation, engaged in the service of Art. 174. False and medical certificates, false
sending or receiving wireless, cable or certificates of merit or service, etc.
telephone message; and
b. That the offender commits any of the Persons liable:
following acts: 1. Physician or surgeon who, in connection
- Uttering fictitious wireless, cable, with the practice of his profession, issued a
telegraph, or telephone message, false certificate which refers to the illness or
or injury of a person.
- Falsifying wireless, cable, 2. Public officer who issued a false certificate
telegraph, or telephone message of merit of service, good conduct or similar
circumstances. Ex. Certificate of residence.
NOTE: A private individual may be a principal by 3. Private individual who falsified a certificate
inducement but not direct participation. under (1) and (2)
2. Using said falsified message Certificate – any writing by which testimony is

given that a fact has or has not taken place.
Elements:
a. That the accused knew that wireless,
cable, telegraph, or telephone message Art. 175. Using false certificates
was falsified by any of the person
Elements:
specified in the first paragraph of art.
1. That a physician or surgeon has issued a
173.
false medical certificate, or a public officer
b. That the accused such falsified
has issued a false certificate of merit or
dispatch; and
service, good conduct, or similar
c. That the use of the falsified dispatch
circumstances, or a private person had
resulted in the prejudice of a third
falsified any of said certificates;
party, or that the use thereof was with
2. That the offender knew that the certificate
intent to cause such prejudice.
was false; and
NOTE: 3. That he used the same.
NOTE: When any of false certificates mentioned in (6) years and one (1) day, but not more than fifteen
Article 174 is used in judicial proceedings, Article (15) years:
172 does not apply because it is limited only to 1. Open any sealed Bid including but not
those false documents embraced in Articles 171 limited to Bids that may have been
and 172. submitted through the electronic system
and any and all documents required to be
Section 6. – Manufacturing, importing and
possession of instruments or implements intended sealed or divulging their contents, prior to
for the commission of falsification the appointed time for the public opening of
Bids or other documents.
2. Delaying, without justifiable cause, the
screening for eligibility, opening of bids,
Acts punishable: evaluation and post evaluation of bids, and
1. Making or introducing into the Philippines
awarding of contracts beyond the
any stamps, dies or marks or other
prescribed periods of Bids or other
instruments or implements for counterfeit
documents.
or falsification.
3. Unduly influencing or exerting undue
2. Possessing with intent to use the
pressure on any member of the BAC or any
instrument or implements for
officer or employee of the procuring entity
counterfeiting or falsification made in or
to take a particular bidder.
introduced into the Philippines by another
4. Splitting of contracts which exceed
person.
procedural purchase limits and competitive
NOTE: bidding.
1. The implements confiscated need not form 5. When the head of the agency abuses the
a complete set. It is enough that they may exercise of his power to reject any and all
be employed by themselves or together bids as mentioned under Section 41 of this
with other implements to commit the crime Act with manifest preference to any bidder
of counterfeiting or falsification. who is closely related to him in accordance
2. Constructive possession is also punished, with Section 47 of this Act.
as in Art. 165.
When any of the foregoing acts is done in collusion
A. RA. 9184 (AN ACT PROVIDING FOR THE
with private individuals, the private individual shall
MODERNIZATION, STANDARIZATION AND likewise be liable for the offense.
REGULATION OF THE PROCUREMENT
ACTIVITIES OF THE GOVERNMENT AND In addition, the public officer involved shall also
FOR OTHER PURPOSES) suffer the penalty of temporary disqualification
from public office, while the private individual shall
Section 65. Offenses and Penalties. – (a) Without be permanently disqualified from transaction
prejudice to the provisions of Republic Act No. business with the government.
3019, otherwise known as the “Anti-Graft and
Corrupt Practice Act” and other penal laws, public (b) Private individuals who commit any of the
officers who commit any of the following acts shall following acts, including any public officer, who
suffer the penalty of imprisonment not less than six conspires with them, shall suffer the penalty of
imprisonment of not less than six (6) years and one or falsified documents calculated to influence
(1) day but not more than fifteen (15) years: the outcome of the eligibility screening process
or conceal such information in the eligibility
1. When two or more bidders agree and submit requirements when the information will lead to
different Bids as if they were bona fide, when a declaration of ineligibility from participating in
they knew that one or more of them was so public bidding.
much higher than the other that it could not be
honestly accepted and that the contract will 2. Submit Bidding Documents of whatever kind
surely be awarded to the pre-arranged lowest and nature than contain false information or
Bid. falsified documents or conceal such information
in the Bidding Documents, in order to influence
2. When a bidder maliciously submits different the outcome of the public bidding.
Bids through two or more persons,
corporations, partnerships or any other 3. Participate in a public bidding using the name of
business entity I which he has interest of create another or allow another to use one’s name for
the appearance of competition that does not in the purpose of participating in a public bidding.
fact exist so as to be adjudged as the winning
bidder. 4. Withdraw a Bid, after it shall have qualified as
the Lowest Calculated Bid/Highest Rated Bid, or
3. When two or more bidders enter into an to accept and award, without just cause or for
agreement which call upon one to refrain from the purpose of forcing the Procuring Entity to
bidding for Procurement contracts, or which award the contract to another bidder. This shall
call for withdrawal of bids already submitted, or include the non-submission of requirements
which are otherwise intended to secure as such as, but not limited to, performance
undue advantage to any one of them. security, preparatory to the final award of the
contract.
When a bidder, by himself or in connivance with
others, employ schemes which tend to restrain the (d) When the bidder is a judicial entity, criminal
natural rivalry of the parties or operates to stifle or liability and the accessory penalties shall be
suppress competition and thus produce a result imposed on its directors, officers or employees who
disadvantageous to the public. actually commit any of the foregoing acts.
In addition, the persons involved shall also suffer Section 66. Jurisdiction- Jurisdiction over the
the penalty of temporary or perpetual offenses defined under this Article shall belong to
disqualification from public office and be the appropriate courts, according to laws existing at
permanently disqualified from transacting business the time of the commission of the offenses.
with the government.
Chapter Two: OTHER FALSIFIES
(c) Private individuals who commit any of the
following acts, and any public officer conspiring Section 1. – Usurpation of authority, rank, title, and
with them, shall suffer the penalty of imprisonment improper use of names, uniforms and insignia
of not less than six (6) years and one (1) day but
more than fifteen (15) years: Art. 177. Usurpation of authority or official
functions
1. Submit eligibility requirements of whatever
kind and nature that contain false information Acts punishable:
1. Usurpation of authority: By knowingly and a. That he uses that fictitious name publicly
falsely representing oneself to be an officer, (Ex. Signing fictitious name for a passport);
agent or representative of any department 2. That the purpose of the offender is –
or agency of the Philippine or any foreign a. To conceal a crime,
government. b. To evade the execution of a judgment,
2. Usurpation of official functions: By or
performing any act pertaining to any person c. To cause damage to public interest
in authority or public officer of the
Philippines or foreign government under Fictitious name – Any other name which a person
publicly applies to himself without authority of law.
the pretense of such official position, and
without being lawfully entitled to do so. NOTE: If it is damage to private interest, the crime
will be estafa under Art. 315, subdivision 2 Par. (a).;
NOTE: Elements of concealing true name:
1. In usurpation of authority, the mere act of 1. That the offender conceals –
knowingly and falsely representing oneself a. His true name, and
is sufficient. It is not necessary that he b. All other personal circumstances; and
performs an act pertaining to a public 2. That the purpose is only to conceal his
officer. identity.
2. There must be positive, express and explicit
representation and not merely a failure to USE OF FICTITIOUS NAME (178) vs. CONCEALING
deny. TRUE NAME (178)
3. In usurpation of official functions, it is
essential that the offender should have In Use of Fictitious Name:
performed an act pertaining to a person in 1. element of publicity must be present.
authority. 2. purpose is to conceal a crime, to evade the
4. A public officer may also be an offender. execution of a judgment, or to cause
5. Art. 177 does not apply to occupant under damage for public interest.
color of title.
6. If it can be proven that the usurpation of In Concealing True Name:
authority or official functions by accused 1. publicity is not necessary.
was done in good faith or under cloth of 2. purpose is only to conceal identity
authority, then the charge of usurpation
will not apply.
B. Anti-Alias Law (C.A. No. 142, as amended
Art. 178. Using fictitious name and concealing true by R.A. 6085)
name
Persons liable:
Elements of using fictitious name: 1. Any person who uses any name different
1. That the offender uses a name other than from
his real name:
a. The one with which he was registered 3. That said insignia, uniform or dress is used
at birth in the office of the local civil publicly and improperly.
registry, or
b. With which he was registered in the NOTE:
1. Wearing the uniform of an imaginary office
bureau of immigration upon entry, or
is not punishable.
c. Such substitute name as may have been
2. An exact imitation of the dress or uniform is
authorized by a competent court.
unnecessary; a colorable resemblance
 Exempted from criminal liability are
calculated to deceive is sufficient.
persons who use another name as a
3. The term “improperly” means that the
pseudonym solely for literary, cinema,
offender has no right to use the uniform or
television, radio, or other entertainment
insignia.
purposes and in athletic events; and
4. Using naval, military, police or other official
2. Any person who having been baptized with
uniform, decoration or regalia of foreign
a name different from what was registered,
state with intent to deceive or mislead is
or who had obtained judicial authority for
punished by RA 75.
use of an alias, or who uses a pseudonym,
5. Wearing insignia, badge or emblem of rank
represents himself in any public or private
of the members of the Armed Forces of the
document without stating or affixing his
Philippine or Constabulary is punished by RA
real or original name or aliases or
493 except if used in playhouse or theater
pseudonym he is authorized to use.
or in moving picture films.
NOTE:
Section 2. – False Testimony
1. Judicial authority must be first secured by a
person who desires to use an alias. Art. 180. – False testimony against a defendant
2. However, a common law wife does into
incur criminal liability under the Anti-Alias Elements:
Law. If she uses the surname of the man 1. That there be a criminal proceeding;
she has been living with for the past 20 2. Offender testifies falsely under oath
years and has been introducing herself if to against the defendant therein;
the public as his wife. 3. Offender knows that it is false; and
4. The defendant against whom the false
Art. 179. Illegal use of uniforms or insignia testimony is given is either acquitted or
convicted in a final judgment.
Elements:
1. That the offender makes use of insignia, False Testimony – committed by a person who,
uniform or dress; being under oath and required to testify as to the
2. That the insignia, uniform or dress pertains truth of a certain matter at a hearing before a
to an office not held by the offender or to a competent authority, shall deny the truth or say
class of persons of which he is not a something contrary to it.
member; and NOTE:
1. Violation of this article requires criminal acquittal nor benefit the defendant. The
intent. Hence, it cannot be committed intent to favor mere opinion is sufficient.
through negligence. 3. A statement of mere opinion is not
2. The offender need not impute guilt upon punishable.
the accused to be liable. 4. Conviction or acquittal is not necessary
3. The defendant must at least be sentenced (final judgment is not necessary), but
to a correctional penalty or a fine, or must gravity of crime in principal case should be
have been acquired. shown.
4. The witness who gave false testimony is 5. Defendant who falsely testified in his own
liable even if the court did not consider his behalf in criminal case is guilty of false
testimony. testimony favorable to the defendant/
5. Penalty depends upon sentence imposed 6. Rectification made spontaneously after
on the defendant except in the case of a realizing mistake is not false testimony.
judgment of acquittal. Since Art. 180 dies 7. The penalty in this article less than that
not prescribe the penalty where the which is provided in the preceding article
defendant in a criminal case is sentenced to because there is no danger to life or liberty
a light penalty, false testimony in case of a of the defendant.
light penalty cannot be punished,
considering that a penal law must always be Art. 182. False testimony in civil cases
strictly construed.
NOTE:
1. This article applies only to ordinary civil
Art. 181. False testimony favorable to the
defendant cases, and not to special proceedings, which
may fail under Art. 183 (perjury).
Elements: 2. Basis of penalty; amount involved in the civil
1. That the testimony must be given in a civil case.
case;
2. That the testimony must relate to the Art. 183. False testimony in other case and perjury
issues presented in said case; in solemn affirmation
3. That the testimony must be false;
Two (2) Ways of Committing Perjury:
4. That the false testimony must be given by a. By falsely testifying under oath
the defendant knowing the same to be b. By making a false affidavit
false; and
5. That the testimony must be malicious and Elements of perjury:
given with an intent to affect the issues 1. That an accused made a statement under
presented in the said case. oath or made an affidavit upon a material
matter;
NOTE: 2. That the statement or affidavit was made
1. False testimony be negative statement is before a competent officer, authorized to
still in favor of the defendant. receive and administer oath;
2. False testimony in favor of defendant need
not directly influence the decision of
3. That in that statement or affidavit 3. That the offer was made in a judicial or
containing the falsify required by law. official proceeding.
NOTE:
A FALSE AFFIDAVIT MAY GIVE RISE TO PERJURY 1. This article applies when the offender,
A false affidavit to a criminal complaint may give without inducing another but knowing him
rise to perjury. to be a false witness, presented him and the
latter testified falsely in a judicial or official
MATERIAL MATTER, DEFINED
Is the main fact which is the subject of the inquiry proceeding.
or any circumstance which tends to prove that fact 2. The felony is consummated the moment a
or any fact or circumstance which tends to false witness is offered in any judicial or
corroborate or strengthen the testimony relative to official proceeding. Looking for a false
the subject of inquiry or which legitimately affects witness is not punished by law as that is not
the credit of any witness who testifies. There is no offering a false witness.
perjury if sworn statement is not material to the
3. The false witness need not be convicted of
principal matter under investigation.
false testimony. A mere offer to present
WHO IS A COMPETENT PERSON? him is sufficient.
A “competent person authorized to administer and
oath” means a person who has right to inquire into
the questions presented to him upon matters under Chapter Three: FRAUDS
his jurisdiction.
Section 1. – Machination, monopolies and
NO PERJURY THROUGH NEGLIGENCE combinations
There is no perjury through negligence or
imprudence since the assertion of falsehood must Art. 185. Machination in public auctions
be willful and deliberate.
Acts punishable:
WHEN DOES SUBORNATION COMMITTED 1. By soliciting any gift or promise as a
Subornation of perjury is committed if a person consideration for refraining from taking part
procures another to swear falsely and the witness in any public auction;
suborned does testify under circumstances 2. By attempting to cause bidders to stay
rendering him guilty of perjury. As the crime away from an auction by threats, gifts,
“subornation of perjury” has been omitted, this is
promises or any other artifice
now treated as plain perjury, the one inducing
another as principal by inducement and the one Elements of soliciting gift or promise:
induced as principal by direct participation. 1. That there be a public auction;
2. That the accused solicited any gift or a
Art. 184. Offering false testimony in evidence
promise from any of the bidders;
Elements: 3. That such gifts or promise was the
1. That the offender offered in evidence a consideration for his refraining from taking
false witness or false testimony; part in that public auction; and
2. That he knew the witness or the testimony
was false; and
4. That the accused had the intent to cause 2. Monopoly to restrain free competition in
the reduction of the price of the thing the market.
auctioned.
By monopolizing any merchandise or object of trade
or commence or by combining with any other
Elements of attempting to cause bidders to stay person or persons to monopolize said merchandise
away: or object in order to alter the prices thereof by
1. That there be a public auction; spreading false rumors or making use of any other
2. That the accused attempted to cause the artifice to restrain free competition in the market.
bidders to stay away from that public
auction; 3. Manufacturer, producer, or processor or
3. That it was done by threats, gifts, promises, importer combining, conspiring or agreeing
or any other artifice; and with any person to make transactions
4. That the accused that the intent to cause prejudicial to lawful commerce or to
the reduction of the price of the thing increase the market price of merchandise.
auctioned.
By manufacturer, producer, processor or importer
NOTE: of any merchandise or object of commerce who
 The crime is consummated by the mere act combines, conspires or agrees with any person for
the purpose of making transactions prejudicial to
of soliciting a gift or promise, and it is not
lawful commerce or increasing the market price of
required that the person making the
any merchandise or object of commerce
proposal actually refrains from taking part manufactured, produced, processed, assembled or
in any public auction. imported into the Philippines.
Mere attempt to cause prospective PROPERTIES FORFEITED IN FAVOR OF THE

bidders to stay away from the auction is GOVERNMENT
sufficient to constitute an offense. The Any property possessed under any contract or
threat need not be effective nor the offer combination contemplated in this article shall be
or gift accepted. forfeited to the Government.
Art. 185. Monopolies and combination is restraint MERE CONSPIRACY IS PUNISHABLE

of trade Mere conspiracy or combination is punished.
Acts Punished: OFFENSE IS COMMITTED BY CORPORATION

1. Conspiracy or combination to prevent free When the offense is committed by a corporation or
competition in the market association, the president and directors or managers
who knowingly permitted or failed to prevent the
By entering into any contract agreement or taking commission of such offenses are liable.
part in a conspiracy or combination in the form of a
trust or otherwise, in restraint of trade or WHEN PENALTIES IS HIGHER
commence or to prevent by ratification mean free The penalty is higher if the items involved are food
competition in the market. substance, motor fuel or lubricants and goods of
prime necessity.
MONOPOLY DEFINED supplies; light bulbs; steel wire; and all drugs not
A MONOPOLY is a privilege or peculiar advantage classified as essential drugs by the Department of
vested in one or more persons or companies, Health.
consisting in the exclusive right or power to carry
on a particular business or trade, manufacture a ILLEGAL PRICE MANIPULATION is committed by any
particular article, or control the sale or the whole person habitually engaged in the production,
supply of a particular commodity. manufacture, importation, storage, transport,
COMBINATION IN RESTRAINTS OF TRADE, DEFINED distribution, sale or other methods of disposition of
A COMBINATION IN RESTAATIN OF TRADE is an goods to, who engages in the following acts of price
agreement or understanding between two or more manipulation of the price of any basic necessity or
persons, in the form of a contract, trust, pool, prime commodity.
holding company, or other form of association, for
the purpose of unduly restricting competition, HOARDING, which is the undue accumulation by
monopolizing trade and commerce in a certain a person or combination or combination of
commodity, controlling its production, distribution persons of any basic or prime commodity
and price, or otherwise interfering with freedom of beyond his or their normal inventory levels or
trade without statutory authority. the unreasonable limitation or refusal to
dispose of, sell or distribute the stocks of any
MONOPOLY V. COMBINATION basic necessity or prime commodity to the
Combination in restraint of trade refers to the general public or the unjustified taking out of
means while monopoly refers to the end. any basic necessity or prime commodity from
the channels of production, trade, commerce
NOTE: Republic Act No. 7581, otherwise known as and industry.
the PRICE ACT, defines crimes of illegal price
manipulation relative to basic necessities and prime  PRIMA FACIE EVIDENCE: when a
commodities (e.g. boarding, profiteering, cartel). person has a stocks of any basic
necessity or prime commodity fifty
“BASIC NECESSITIES” includes: rice; corn; bread; percent (50%) higher than his usual
fresh, dried and canned fish and other name marine inventory and unreasonable limits,
products; fresh pork, beef and poultry meat; fresh refuses or fails to sell the same to the
eggs; fresh and processed milk; fresh vegetable; general public at the time of discovery
root crops; coffee; sugar; cooking oil; salt; laundry of the stocks.
soap; detergents; firewood; charcoal; candles; and
drugs classified as essential by the Department of 3) PROFITEERING is the sale or offering for sale of
Health. any basic necessity or prime commodity at a
price grossly in excess of its true worth.
“PRIME COMMODITIES” include fresh fruits; flour;
dried, processed and canned pork; beef and poultry  PRIMA FACIE EVIDENCE: profiteering
meat; dairy products not falling under basic whenever a basic necessity or prime
necessities; noodles; onions; garlic; vinegar; patis; commodity being sold: a) has no price
soy sauce; toilet soap; fertilizer; pesticides; tag; b) is misrepresented as to its weight
herbicides; poultry; swine and cattle feeds; or measurement; c) is adulterated or
veterinary products for poultry, swine and cattle; diluted; d) whenever a person raises the
paper; school supplies; nipa shingles; sawali; price of any basic necessity or prime
cement, clinker; GI sheets; hollow blocks; plywood; commodity he sells or offers for sale to
plyboard; construction nails; batteries, electrical the general public by more than ten
percent (10%) of its price in the than one-half karat, if made of gold, and less by
immediately preceding month: more than four one-thousandth, if made of silver,
than what is shown by said stamp, brand, label or
3) CARTEL, which is any combination of or mark. But in case of watch cases and flatware
agreement between two 92) or more persons made of gold, the actual fineness of such gold shall
engaged in the production; manufacture, not be less by more than three one-thousandth
manufacture, processing storage, supply, than the fineness indicated by said stamp, brand,
distribution, marketing, sale or disposition of any label, or mark.
basic necessity or prime commodity designed to
artificially and unreasonably increase or manipulate Elements:
the price. 1. That the offender imports, sells or disposes
of any article or merchandise made of gold,
 PRIMA FACIE EVIDENCE: whenever two (2) silver or other precious metals or their
or more persons or business enterprises alloys;
competing for the same market and dealing 2. That the stamps, brands, or marks of those
in the same basic necessity or prime articles or merchandise fail to indicate the
commodity, perform uniform or actual fineness or quality of said metals or
complementary acts among themselves alloys; and
which tend to bring about artificial and 3. That the offender knows that the said
unreasonable increase in the price of any stamp, brand, or mark fails to indicate the
basic necessity or prime commodity or actual fitness or quality of the metals or
when they simultaneously and alloys.
unreasonably increase prices on their NOTE:
competing products thereby lessening 1. When evidence shows the article to be
competition among themselves. imported, selling the misbranded articles is
not necessary.
2. Art. 187 does not apply to manufacturer; if
Section 2. – Frauds in commerce and industry he is the one who alters the quality or
fineness of his own article, he is instead
Art. 187. Importation and disposition of falsely liable for estafa under Art. 315, 2(b)
marked articles or merchandise made of gold,
silver, or other precious metals or their alloys - Art. 188. Substituting and altering trademarks,
The penalty of prision correccional or a fine trade names, or service marks - The penalty of
ranging from 200 to 1,000 pesos, or both, shall be prision correccional in its minimum period or a fine
imposed upon any person who shall knowingly ranging from 500 to 2,000 pesos, or both, shall be
import or sell or dispose of any article or imposed upon:
merchandise made of gold, silver, or other
precious metals, or their alloys, with stamps, 1. Any person who shall substitute the trade name
brands, or marks which fail to indicate the actual or trade-mark of some other manufacturer or
fineness or quality of said metals or alloys. dealer or a colorable imitation thereof, for the
trade name or trademark of the real manufacturer
Any stamp, brand, label, or mark shall be deemed or dealer upon any article of commerce and shall
to fail to indicate the actual fineness of the article sell the same;
on which it is engraved, printed, stamped, labeled
or attached, when the rest of the article shows 2. Any person who shall sell such articles of
that the quality or fineness thereof is less by more commerce or offer the same for sale, knowing that
the trade-name or trademark has been 3. By using or substituting the service mark of
fraudulently used in such goods as described in the some other person, or a colourable
preceding subdivision; imitation of such marks, in the sale or
advertising of services.
3. Any person who, in the sale or advertising of his 4. By printing, lithographing or reproducing
services, shall use or substitute the service mark of TN, TM or service mark of one person, or a
some other person, or a colorable imitation of colourable imitation thereof, to enable
such mark; or another person to fraudulently use the
same, knowing the fraudulent purpose for
4. Any person who, knowing the purpose for which which it is to be used.
the tradename, trademark, or service mark of a
person is to be used, prints, lithographs, or in any
way reproduces such tradename, trademark, or
service mark, or a colorable imitation thereof, for NOTE:
another person, to enable that other person to 1. The provisions of Articles 188 and 189 of the
fraudulently use such tradename, trademark, or Revised Penal Code which are inconsistent
service mark on his own goods or in connection with R.A. 8293 (Intellectual Property Code
with the sale or advertising of his services. of the Philippines) are repealed.
2. The trade name, trademark or service mark
A tradename or trademark as herein used is a need not be identical; a colourable imitation
word or words, name, title, symbol, emblem, sign is sufficient. There must not be differences
or device, or any combination thereof used as an which are glaring and striking to the eye.
advertisement, sign, label, poster, or otherwise, 3. “MARK” means any visible sign capable of
for the purpose of enabling the public to distinguishing the goods and services of an
distinguish the business of the person who owns enterprise and shall include a stamped or
and uses said tradename or trademark. marked container.
4. SERVICE MARK: a mark used in the sale or
A service mark as herein used is a mark used in the advertising of services to identify the
sale or advertising of services to identify the services of one person and distinguish them
services of one person and distinguished them from the services of others and includes
from the services of others and includes without without limitation the marks, names,
limitation the marks, names, symbols, titles, symbols, titles, designations, slogans,
designations, slogans, character names, and character names, and distinctive features of
distinctive features of radio or other advertising. radio or other advertising.
Acts punishable: 5. TRADE NAME: identify or distinguish an
enterprise; unlike trademarks, not
1. By (a) substituting the trade name (TN) or necessarily attached or affixed to the goods.
trademark (TM) of some other 6. TRADEMARKS: to indicate origin of
manufacturer or dealer or colourable ownership of goods to which it is affixed.
imitation thereof, for the TN or TM of the 7. In trademarks, it is not necessary that the
real manufacturer or dealer upon any goods of the prior user and the later user of
article of commerce and (b) selling the the trademark are of the same categories.
same. The meat of the matter is the likelihood of
2. By selling or by offering for sale such confusion, mistake or deception upon
articles of commerce, knowing that the TN purchasers of the goods of the junior user of
or TM has been fraudulently used.
the mark and goods manufactured by the

previous user. 1. Any person who, in unfair competition and for
 The trade name or trademark must be the purposes of deceiving or defrauding another of
registered. Trademark must not be his legitimate trade or the public in general, shall
merely descriptive or generic. sell his goods giving them the general appearance
 The exclusive right to an originally valid of goods of another manufacturer or dealer, either
trademark or trade name is lost if for as to the goods themselves, or in the wrapping of
any reason it loses its distinctiveness or the packages in which they are contained or the
has become “publici juris.” device or words thereon or in any other features of
their appearance which would be likely to induce
TRADEMARKS the public to believe that the goods offered are
What the law punishes is the act of giving one’s those of a manufacturer or dealer other than the
goods the general appearance of the goods of actual manufacturer or dealer or shall give other
another which would likely mislead the buyer into persons a chance or opportunity to do the same
believing that such goods belong to the latter. with a like purpose.
(Espiritu, Jr. v. Petron corporation, 605 SCRA 245)
A trademark is any distinctive word, name, symbol, 2. Any person who shall affix, apply, annex or use
emblem, sign or device, or any combination in connection with any goods or services or any
thereof, adopted and used by a manufacturer or container or containers for goods a false
merchant on his goods to identify and distinguish designation of origin or any false description or
them from those manufactured, sold, or dealt by representation and shall sell such goods or
others. Inagurably, a trademark deserves services.
protection. (Prosource International, Inc. v. Horphag
Research Management SA, 605 SCRA 523) 3. Any person who by means of false or fraudulent
representation or declarations orally or in writing
TRADEMARK INFRINGEMENT or by other fraudulent means shall procure from
It is the element of “likelihood of confusion” that is the patent office or from any other office which
the gravamen of trademark infringement; In may hereafter be established by law for the
trademark infringement cases, precedents must be purposes the registration of a tradename,
evaluated in the light of each particular case. trademark or service mark or of himself as the
(Prosource International, Inc. v. Horphag Research owner of such trade-name, trademark or service
Management SA, 605 SCRA 523) mark or an entry respecting a tradename, trade-
Two tests in determining similarity and likelihood of mark or service mark.
confusion – The Dominancy Test and the Holistic or
Totality Test. Id. Acts punished:
Issue of trademark infringement is factual. Id. 1. Unfair competition: by selling his goods,
giving them the general appearance of the
Art. 189. Unfair competition, fraudulent goods of another manufacturer or dealer.
registration of trade name, trademark, or service 2. Fraudulent designation of origin/ False
mark, fraudulent designation of origin, and false description: by (a) affixing to his goods or
description. using in connection with his services a false
designation of origin; or any false
*Superseded by R.A. 8293, the Intellectual description or representation, and (b) selling
Property Code, Jan. 1, 1998. - The penalty provided such goods or services.
in the next proceeding article shall be imposed
upon:
3. Fraudulent registration: by procuring  Identified a peculiar symbol or mark with

fraudulently from the patent office the his goods and thereby has acquired a
registration of TN, TM or service mark. property right in such symbol or mark
Elements of unfair competition:  Uses the trademark or trade name of
1. That the offender gives his gods the general another and sells goods on which trademark
appearance of the goods of another is affixed
manufacturer or dealer; Articles 190 – 194 (TITLE FIVE) of the Revised
2. That the general appearance is shown in Penal Code and Republict Act No. 6425 ( “ The
the (a) goods themselves, (b) wrapping of Dangerous Drugs Act of 1972”) are repealed by
their packages, (c) device or words therein, R.A. 9165, or “The Dangerous Drugs Act of
or in (d) any other feature of their 2002”.
appearance;
3. That the offender offers to sell or sells 5. CRIMES RELATIVE TO OPIUM
those goods or gives other persons a
chance or opportunity to do the same with THE DANGEROUS DRUGS ACT OF 2002
a like purpose; and (R.A. NO. 9165, repealing R.A. NO. 6425 and Title
4. That there is actual intent to deceive the Five of the RPC on crimes related to opium and
public or defraud a competitor. other prohibited drugs)
Unfair Competition: employing deception or
any other means contrary to good faith by Acts punishable:
which any person shall pass off the goods 1. Importation of dangerous drugs (even for
manufactured by him or in which he deals, or floral, decorative and culinary purposes)
his business, or services for those of the one and/or controlled precursors and essential
having established goodwill, or committing any chemicals
acts calculated to produce such result.
Qualifying circumstance:
NOTE: c. If the importation was through the
1. Test of unfair competition is whether use of a diplomatic passport, diplomatic
certain goods have been clothed with an facilities or any other means involving the
appearance which is likely to deceive the offender’s official status intended to
ordinary purchaser exercising care. facilitate the nlawful entry of the same.
2. It is not necessary that a registered mark is d. Organizes, manages or acts as a
employed. It is enough that a person has financier
identified in the mind of the public the  The protector or coddler is also
goods he manufactures or deals in from liable.
those of the others.
Unfair Competition: 2. Sale, trading, administration, dispensation,
 Broader, more inclusive delivery, distribution and transportation of
 Identified in the mind of the public, dangerous drugs and/or controlled
whether or not a mark or trade name is precursors and essential chemicals
employed Qualifying circumstances:
 Gives his goods the general appearance of e. If any of the transaction transpires
the goods of another and sells the same within 100 meters from a school;
Infringement of trademark or trade name: f. If minors/mentally incapacitated
 Limited range individuals are used as runners, couriers and
messengers of drug pushers;
g. If the victim o the offense is a minor, buyer and the seller, the object of the sale
or mentally incapacitated individual or and the consideration; (2) the delivery of
should a prohibited/regulated drug the thing sold and its payment. (Cruz v.
involved in any offense under this section People, 578 SCRA 147; People v. Hernandez,
be the proximate cause of the death of a 589 SCRA 625; People v. Cortez, 593 SCRA
victim thereof 743; People v. Naelga, 599 SCRA 625; People
h. Organizes, manages or acts as v. Lim, 599 SCRA 712; People v. Guiara, 600
financier SCRA 310; People v. Benardino, 602 SCRA
 The protector or coddler is also 270; People v. Lazaro, Jr. 604 SCRA 250;
liable. People v. Cruz, 608 SCRA 350; People v. Ara,
609 SCRA 304).
What is material to the prosecution for
illegal sale of dangerous drugs is the proof 3. Maintenance of a den, dive, or resort
that the transaction or sale actually took where any dangerous drug and/or
place, coupled with the presentation in controlled precursor and essential chemical
court of evidence or corpus delicti. (People is sold or used
v. Macatingag, 576 SCRA 354; Cruz v.
People, 578 SCRA 147; People v. Frondoza, Qualifying circumstances:
591 SCRA 407; People v. Capco, 600 SCRA 4. Where a prohibited/regulated drug is
204; People v. Lazaro, Jr., 604 SCRA 250; administered, delivered, or sold to a minor who is
People v. Ventura, 604 SCRA 543.) allowed to use the same in such place; or
5. On the maintainer, owner or operator,
The conduct of a buy – bust operation is a should a prohibited drug be the proximate cause of
common and accepted mode of death of the person using the same in such den,
apprehending those involved in illegal sale dive or resort.
of prohibited or regulated drugs. 6. Organizes, manages or acts as
What is of utmost importance is the financier
preservation of the integrity and the  The protector or coddler is also liable.
evidentiary value of the seized items, as the  If place is owned by the third person, the
same would be utilized in the same shall be confiscated and escheated in
determination of the guilt or innocence of favour of government. IF
the accused. 1. Complaint specifically allege that such
place used intentionally for furtherance
The illegal sale of any dangerous drug, of crime
regardless of its quantity and purity is 2. Prosecution proves intent on part of
punishable by life imprisonment to death owner
and a fine of P500, 000. 00 to P10, 000, 3. Owner included as accused in criminal
000.00. complaint
 The protector or coddler is also liable.
A buy – bust operation is a form of OPIUM DIVE OR RESORT: a place where dangerous
entrapment whereby ways and means are drug and/or controlled precursor and essential
resorted to for the purpose of trapping and chemical is administered, delivered, stored for
capturing the lawbreakers in the execution illegal purposes, distributed, sold or used in any
of the criminal plan. x x x Prosecution of the form
illegal sale, shabu, the following elements 4. Being employees or visitors of drug den
must be established: (1) the identity of the
 Persons liable: 1) Any employee of a den, dive or for dangerous drugs and/or controlled precursor
resort who is aware of the nature of the place as and essential chemicals
such and 2) any person not being included in Acts punishable:
number 1, who is aware of the nature of the 4. Deliver
place as such and shall knowingly visit the same. 5. Possess with intent to deliver
NOTE: A person who visited another who was 6. Manufacture with intent to deliver the
smoking opium shall not be liable if the place is not paraphernalia, knowing, or under
an opium dive or resort circumstances where one reasonable
5. Manufacture of dangerous drugs and/or should know
controlled precursors and essential chemicals Qualifying circumstance – use of a minor or a
Aggravating circumstance: Clandestine lab is mentally incapacitated individual to deliver such
undertaken under the following circumstances: equipment, instrument, apparatus or other
6. Any phase conducted in presence or with paraphernalia
help of minors 8. Possession of dangerous drugs, regardless of the
7. Established/undertaken within 100 degree of purity
meters of residential, business, church or school  Penalties are graduated to the amount of drugs
premises (the only violation where quantity matters)
8. Lab secured/ protected by booby traps  The kinds of drugs have different respective
9. Concealed with legitimate business amounts for the graduation of penalties
operations  Qualifying circumstance: If found in possession
10. Employment of practitioner, chemical in a party, social gathering, or in the proximate
engineer, public official or foreigner company of at least 2 persons, regardless of
Qualifying circumstance: Organizes, manages or quantity
acts as financier  Possession: unauthorized, either actual or
 The protector or coddler is also liable. constructive, irrespective of quantity, with
NOTE: Presence of controlled precursor and intent to possess (full knowledge that what was
essential chemical or lab equipment in the possessed was any of prohibited or regulated
clandestine lab is prima facie proof of manufacture drug)
of any dangerous drug. Elements of possession of opium:
Clandestine Laboratory: Any facility used for illegal (R.A. 6425)
manufacture of any dangerous drug and or 1. Occupancy or taking
controlled precursor and essential chemicals 2. Intent to possess
6. Illegal chemical diversion of controlled precursor
and essential chemicals NOTE:
Chemical Diversion: sale, distribution, transport of  What is punished is present possession, not
legitimately imported, in – transit, manufactured or past possession
procured controlled precursors or essential  It is not necessary to allege in information that
chemicals to any person or entity engaged in accused is not authorized to possess opium
manufacture of dangerous drug and concealment
of such transaction through fraud, destruction of 9. Possession of equipment, instrument,
documents, fraudulent use of permits, apparatus and other paraphernalia fir for
misdeclaration, use of front companies or mail introducing dangerous drugs into the body
fraud
7. Manufacture or delivery of equipment,  Possession of such equipment is prima
instrument, apparatus, and other paraphernalia facie evidence that possessor has used a
dangerous drug and shall be presumed to
have violated Sec. 15, use of dangerous A perusal of Section 9, Art. II of R.A. No. 6425 shows
drug. that a violation exists when a person shall cultivate,
 Qualifying circumstance: Party, social plant or culture on any medium Indian hemp, opium
gathering, or in the proximate company poppy (papaver somniferum) or any other plant
of at least 2 persons. which may hereafter be classified as dangerous
drug. Indeed, ownership of the land where the
10. Use of dangerous drugs marijuana seedlings are planted, cultivated and
cultured is not a requisite of the offense. (People of
 Must be found positive after a the Philippines v. Ricardo Alunday, G.R. No. 181546,
confirmatory test Sept. 3, 2008)
 1st conviction – minimum of 6 mos. Of
rehabilitation 12. Failure in keeping of original records of
 2nd conviction – imprisonment and transactions of dangerous drugs and/or controlled
fine precursors and essential chemicals
 Where the accused is also found to  Persons liable: practitioner, manufacturer,
be in possession of dangerous drugs, wholesaler, importer, distributor, dealer, or
this Section shall not apply. Sec. 11, retailer
possession of dangerous drugs, shall  The additional penalty of revocation of his
apply. Hence, USE is subsumed by license to practice his profession in case of
POSSESSION. manufacturer, seller importer, distributor or
dealer, shall be imposed.
Ex. If the offender is caught with 13. Unnecessary prescription of dangerous drugs
possession of paraphernalia, possession  Person Liable: Practitioner who shall
of dangerous drugs and use of dangerous prescribe any dangerous drug for any
drugs, the offense is POSSESSION of person whose physical/physiological
dangerous drugs. condition does not require the use of
thereof or in the dosage therein.
11. Cultivation or culture of plants which are NOTE: Person liable has authority to issue a
dangerous drugs or are sources thereof prescription for dangerous drugs but exceeds it.
 The land/portions thereof and/or 14. Unlawful prescription of dangerous drugs

greenhouses in which any of the said
plants is cultivated shall be confiscated NOTE: Person liable has no authority to issue a
and escheated to the State, unless the prescription for dangerous drugs. He may not
owner thereof prove that he did not even be a medical practitioner at all.
know of such cultivation or culture
despite the exercise of due diligence on Also Punishable:
his part.
 Qualifying circumstance: Attempt and conspiracy to commit the
1) If the land planted is part of the following offenses:
public domain a. Importation of dangerous drugs and/or
2) Organizes, manages or acts as controlled precursor and essential chemical,
financier b. Sale, trading, administration, dispensation,
 The protector or coddler is also liable. delivery, distribution and transportation of
dangerous drugs and/or controlled
CULTIVATION precursor and essential chemical,
c. Maintenance of a den, dive or resort for under this Act who delays or bungles
dangerous drugs, the prosecution.
d. Manufacture of dangerous drugs and/or
controlled precursor and essential chemical  For the purpose of enforcing the provisions
e. Cultivation or culture of plants which are of this Act, all school heads, supervisors and
sources of dangerous drugs. teachers shall be deemed to be persons in
authority and, as such, are vested with the
 Other persons liable: power to apprehend, arrest, or cause the
1. Public officer or employee who apprehension or arrest of any person who
misappropriates, misapplies or fails to shall violate any of the said provision. They
account for confiscated, seized, or shall be considered as persons in authority if
surrendered dangerous drugs, plant they are in the school or within its
sources of dangerous drugs, controlled immediate vicinity, or beyond such
precursors and essential chemicals, immediate vicinity if they are in attendance
instruments/paraphernalia and/or in any school or class function in their
laboratory equipment including the official capacity as school heads, supervisors
proceeds or properties obtained from or teachers.
the unlawful acts.
2. Any elective local or national official  Any teacher or school employee who
who have benefited from the proceeds discovers or finds that any person in the
of trafficking of dangerous drugs or school or within its immediate vicinity is
have received any financial/material violating this Act shall have the duty to
contributions or donations from natural report the violation to the school head or
or juridical persons guilty of drug supervisor who shall, in turn, report the
trafficking. matter to the proper authorities. Failure to
3. If the violation of the Act is committed report in either case shall, after hearing,
by a partnership, corporation, constitute sufficient cause for disciplinary
association or any judicial person, the action by the school authorities. (Sec.44)
partner, president, director, or
manager who consents to or knowingly
tolerates such violation shall be held
criminally liable as co – principal.
4. Any person who is found guilty of
“planting” any dangerous drugs and/or
controlled precursor and essential
chemicals, regardless of quantity or
purity (penalty of death).
5. Any person violating a regulation issued
by the Dangerous Drugs Board
6. Any person authorized to conduct drug
test who issues false or fraudulent drug
test results knowingly, wilfully or
thought gross negligence.
7. Any government officer tasked with the
prosecution of drug – related cases
PROCEDURE for CUSTODY and DISPOSITION
TIME TASK PRESENT

1. Immediately after seizure 1. Inventory and photograph 1. Accused or the person/s from
whom such items were
2. 24 hours upon confiscation confiscated, or his
2. Submit to PDEA Forensic Lab for representative/counsel, media,
3. 24 hours after receipt examination DOJ and any elected public
official who shall sign the
4. 72 hours after filing of 3. Issue certification of exam copies of the inventory and be
criminal case results under oath; provided, if given copy.
the volume is too large, 2. NONE
5. 24 hours from ocular provisionally issue partial report 3. NONE
inspection stating quantities still to be 4. NONE
examined; provided further,
6. After promulgation and final certification shall be issued
judgment within next 24 hours. 5. Accused or the person/s from
4. Court ocular inspection whom such items were
7. 24 hours from receipt confiscated, or his
representative/counsel, media,
5. Destruction (through PDEA); DO, civil society groups and
provided, they shall retain any elected public official
representative sample.
Alleged offender or his
Board to issue sworn representative shall be allowed
certification of destruction. to personally observe all of the
Submit certification and proceedings, and his presence
representative sample to the shall not constitute an
court. admission of guilt. In case the
offender refuses or fails to
6. Trial prosecutor to inform the appoint a representative after
Board of final termination of due notice in writing within 72
case. Request the court for hours before the actual
leave to turn over destruction, the DOJ shall
representative samples to appoint a member of the
PDEA. public attorney’s office to
7. Destruction represent the former.
9. Mandatory drug testing includes:

Rules for Lab examination of
Apprehended/arrested offenders: a. All persons charged with a criminal
1. If reasonable ground to believe that offender is offense having an imposable penalty of
under the influence of dangerous drugs, conduct not less than 6 years and 1 day.
examination w/in 24 hours. b. All candidate for public office, whether
2. Positive results shall be challenged w/in 15 days appointed or elected.
after receipt of the result through a confirmatory
test. 10. Limited applicability of the RPC: The RPC shall
3. Confirmed test shall be prima facie evidence that not apply to this Act, except in the case of
offender has used dangerous drugs. minor offenders. Where the offender is a minor,
4. Positive test must be confirmed for it to be valid the penalty for acts punishable by life
in a court of law. imprisonment to death shall be reclusion
perpetua to death.
Other Rules:
1. In buy – bust operations, there is no law or rule  Hence, since RPC nomenclature of penalties
requiring policemen to adopt a uniform way of is used, the minor is then entitled to
identifying buy money. mitigating circumstances under the RPC
2. Absence if ultraviolet powder on the buy money (Martin Simon case). Thus, the minor does
is not fatal for the prosecution. not receive the death penalty. (Justice
3. If offender is an alien, an additional penalty of Peralta)
deportation without further proceedings shall be
imposed immediately after service of sentence.  Appellant is guilty of the crime of
4. A person charged under the Dangerous Drugs attempted sale of shabu. As gleaned from
Act shall not be allowed to avail of plea – the testimony of the poseur – buyer, the
bargaining. appellant merely showed the bag
5. A positive finding for the use of dangerous drugs containing the shabu and held on to it
shall be a qualifying aggravating circumstance in before it was confiscated. There is no
the commission of a crime by the offender. evidence that the poseur – buyer talked
6. If public official/employee is the offender, the about and agreed with the appellant on the
maximum penalty shall be imposed. purchase price of the shabu to the poseur
7. Any person convicted of drug trafficking or buyer. (People v. Adam (2003))
pushing cannot avail of the Probation Law.
8. Immunity from prosecution and punishment  The absence of actual or completed
shall be granted to an informant, provided the ff. payment is irrelevant, for the law itself
conditions concur: penalizes the very act of delivery of
a. Necessary for conviction dangerous drug, regardless of any
b. Not yet in the possession of the State consideration. Payment of consideration is
c. Can be corroborated on material points likewise immaterial in the distribution of
d. Has not been previously convicted of a illicit drugs. (People v. Yang, (2004))
crime of moral turpitude, except when
there is no other direct evidence  In a prosecution for illegal possession of a
e. Comply with conditions imposed by the dangerous drug, mere possession of a
State regulated drug without legal authority is
f. Does not appear to be the most guilty punishable under the Dangerous Drugs Act.
g. No other direct evidence available Lack of criminal intent or good faith does
not exempt appellants from criminal certainty, together with the fact that the
liability. (People v. Chua (2003)) same is not authorized by law; the mere
fact of unauthorized possession will not
 A prior surveillance is not a prerequisite for suffice to create in a reasonable mind the
the validity of an entrapment or buy – bust moral certainty required to sustain a finding
operation, the conduct of which has no rigid of guilt. (Carino v. People, 581 SCRA 388)
or textbook method. (People v. Cadley
(2004))  “Chain of Custody” means the duly
recorded authorized movements and
 In a prosecution for illegal possession of custody of seized drugs or controlled
dangerous drugs, the following facts must chemicals from the time of seizure/
be proven with moral certainty: (1) that the confiscation to receipt in the forensic
accused is in possession of the object laboratory to safekeeping to presentation in
identified as a prohibited or regulated drug; court for destruction. (People v. Gutierrez,
(2) that such possession is not authorized 598 SCRA 92)
by law; and
(3) that the accused freely and consciously  As stressed in People v. Paguara, 267 SCRA
possessed the said drug. In this case, proof 17 (1997), peddling prohibited or dangerous
of the accused’s ownership of the house drugs is a “nefarious” business which is
where the prohibited drugs were “carried on with utmost secrecy or whispers
discovered is necessary. (People v. Del to avoid defection.”
Norte (2004)) It is essential that the prohibited drug
confiscated or recovered from the suspect
 The defense of denial, like alibi, are viewed is the very same substance offered in court
by the Court with disfavour, for it can just as exhibit, and that the identity of said drug
as easily be concocted and is a common and be established with the same unwavering
standard defense ploy in most prosecutions exactitude as that requisite to make a
for violation of the Dangerous Drugs Act. finding of guilt.
The material inconsistencies with regard to Testimonies of police officers who conduct
when and where the marking on the shabu buy – bust operations are generally
were made and the lack of inventory on the accorded full faith and credit as they are
seized drugs and created reasonable doubt presumed to have performed their duties in
as to the identity of the corpus delicti. a regular manner. (People v. Sevilla, 589
(People v. Garcia, 580 SCRA 259) SCRA 292)
 The chain of custody requirement is  It is too late in the day for an accused to
essential to ensure that doubts regarding raise, for the first time on appeal, the buy –
the identity of the evidence are removed bust team’s alleged non – compliance with
through the monitoring and tracking of the Section 21, Article II of Republic Act No.
movements of the seized drugs from the 9165. (People v. Lazaro, Jr., 604 SCRA 250)
accused, to the police, to the forensic
chemist, and finally to the court.  Non – compliance with Section 21, Article II
Prosecution for illegal possession of of Republic Act No. 9165 is not fatal and
prohibited drugs necessitates that the will not render an accused’s arrest illegal or
elemental act of possession of a prohibited the items seized/confiscated from him
substance be established with moral inadmissible – what is of utmost
importance is the preservation of the  In U.S. v. Bandoc, 23 Phil. 14 (1912), the

integrity and the evidentiary value of the Court ruled that the finding of a dangerous
seized items, as the same would be utilized drug in the house or within the premises of
in the determination of the guilt or the house of the accused is prima facie
innocence of the accused. (People v. evidence of knowledge or animus
Teodoro, 590 SCRA 494; People v. Rusiana, possidendi and is enough to convict in the
603 SCRA 57; People v. Capco, 600 SCRA absence of a satisfactory explanation.
204; People v. Resurreccion, 603 SCRA 510;
People v. Lazaro, Jr. , 604 SCRA 250; People
v. Cruz, 608 SCRA 350) Title Six:
CRIMES AGAINST PUBLIC MORALS
 The presentation of an informant is not a P.D. 1602. PRESCRIBING STIFFER
requisite for the prosecution of drug cases. PENALTIES IN ILLEGAL GAMBLING
(People v, Teodoro, 590 SCRA 494; Zalmeda (Repealed Art. 195 – 199 RPC, PD 483
v. People, 598 SCRA 537; People v. Capco, betting law, and PD 449 cockfighting law)
600 SCRA 204; People v. Ventura, 604 SCRA
543) Penalty
Prision correccional, medium or fine ranging
 For possession of shabu, the period of from P1, 000 to P6,000
imprisonment imposed on the accused
In case of recidivism: Prision mayor,
should not be a straight penalty, but should
be an indeterminate penalty. medium or fine ranging from P5, 000 to
Jurisprudence has firmly entrenched the P10,000
following as elements in the crime of illegal
sale of prohibited drugs: (1) the accused Acts Punished
sold and delivered a prohibited drug to 1. Any person who shall directly or
another, and (2) he knew that what he had indirectly take part in any illegal or
sold and delivered was a dangerous drug. unauthorized activities or games of:
(People v. Sy, 590 SCRA 511; People v. a. Cockfighting, jueteng, jai – alai or
Cortez, 593 SCRA 743) horse racing to include bookie
operations and game fixing,
numbers, bingo and other forms of
 In prosecutions involving narcotics, the
lotteries
narcotic substance itself constitutes the
b. Cara y cruz, pompiang and the like
corpus delicti of the offense and its
c. 7-11 and any game using dice
existence is vital to sustain a judgment of
d. Black jack, lucky nine, poker and its
conviction beyond reasonable doubt –
derivatives, monte, baccarat, cuajo,
proof beyond reasonable doubt demands
panguigue and other card games
that unwavering exactitude be observed in
e. Pak que, high and low, mah-jong,
establishing the corpus delicti. (People v.
domino and other games using
Gutierrez, 598 SCRA 92)
plastic tiles and the like
f. Slot machines, roulette, pinball and
 It bears stressing that this crime is mala
other mechanical contraptions and
prohibita, ans as such, criminal intent is not
devices
an essential element. (People v. Guirra, 600
g. Dog racing, boat racing, car racing
SCRA 310)
and other forms of races
h. Basketball, boxing, volleyball,

bowling, pingpong and other forms Acts Punished
of individual or team contests to Any person who knowingly and without
include game fixing, point shaving lawful purpose possess lottery list, paper or
and other machinations other matter containing letters, figures,
i. Banking or percentage game, or any signs or symbols pertaining to or in any
other game or scheme, whether manner used in the games of jueteng, jai –
upon chance or skill, wherein alai or horse racing bookies, and similar
wagers consisting of money, articles games of lotteries and numbers hich have
of value or representative of value taken place or about to take place
are at stake or made
Penalty
2. Any person who knowingly permits Temporary absolute disqualification
any form of gambling in an inhabited or
uninhabited place or in any building, Acts Punished
vessel or other means of transportation Barangay official who with knowledge of
owned or controlled by him existence of gambling house/place in his
jurisdiction fails to abate or take action
Penalty
Prision correctional maximum, fine of P6, Penalty
000 Prision correccional maximum or fine P500
to P2, 000
Acts Punished
1. Any person who shall knowingly permit Acts Punished
gambling in a place with reputation of Security officer, watchman, private or
gambling place, or that prohibited house detective of hotels, villages,
gambling is frequently carried on buildings, enclosures and the like which
therein, or in a public or government have reputation of gambling place or where
building or barangay hall gambling activities are being held
2. Maintainer or conductor of above
gambling schemes NOTE:
 Gambling – any game or scheme, whether
Penalty upon chance or skill wherein agers
Prision mayor, medium, with temporary consisting of money, articles or value or
absolute disqualification or fine of P6, 000 representative of value are at stake or
made.
Acts Punished  Playing for money is not a necessary
If maintainer, conductor, banker of element. It seems that when the law names
gambling schemes; player, promoter, the games, punishing any person who takes
referee, umpire, judge or coach in case of part therein, and its purpose is to prohibit
game fixing, point shaving and machination absolutely those games.
is a government official.  A mere bystander or spectator is not
criminally liable because he does not
Penalty directly or indirectly take part.
Prision correccional medium or fine P400 to  A game or scheme is punishable even if
P2, 000 winning depends upon skill as long as
wagers (consisting of money, articles of NOTE: Republic Act No. 9287 expressly
value or representative of value) are at amended or modified the pertinent provisions
stake or made. of Presidential Decree No. 1602 only insofar as
they are inconsistent with it.
Elements of lottery:
1. Consideration Art. 196. Importation, sale and possession of
2. Chance lottery tickets or advertisements - The penalty
3. Prize/advantage/inequality in amount or of arresto mayor in its maximum period to
value which is in the nature of prize prision correccional in its minimum period or a
fine ranging from 200 to 2,000 pesos, or both,
NOTE: In a criminal case (Olsen), there is no in the discretion of the court, shall be imposed
lottery where a person gets the full value for his upon any person who shall import into the
money, and the winning of price is merely Philippine Islands from any foreign place or
incidental. But in a civil case (El Debate), if the port any lottery ticket or advertisement or, in
inducement to win prize is the reason for the connivance with the importer, shall sell or
purchase then even if full value for money is distribute the same.
received, it is still lottery.
Any person who shall knowingly and with
Elements of “Knowingly permitting gambling intent to use them, have in his possession
to be carried on in a place owned or controlled lottery tickets or advertisements, or shall sell
by the offender”: or distribute the same without connivance
1. That a gambling game was carried on in an with the importer of the same, shall be
inhabited or uninhabited place or in any punished by arresto menor, or a fine not
building, vessel or other means of exceeding 200 pesos, or both, in the discretion
transportation. of the court.
2. That the place, building, vessel o other
means of transportation is owned or The possession of any lottery ticket or
controlled by the offender. advertisement shall be prima facie evidence of
3. That the offender permitted the carrying on an intent to sell, distribute or use the same in
such game, knowing that it is a gambling the Philippine Islands.
game. (Already repealed)
NOTE: Proof that game took place or is about to Acts punishable:

take place is not necessary; burden of evidence 1. By importing into the Philippines from any
is shifted to accused to show that his possession foreign place or port any lottery ticket or
is lawful or is not connected with jueteng game; advertisement.
but proof to the contrary by prosecution is 2. By selling or distributing the same in
necessary when jueteng lists pertain to games connivance with the importer.
played on dates other than the date of the raid. 3. By possessing, knowingly and with intent
to use, lottery tickets or advertisements
Maintainer – person who sets up and furnishes 4. By selling or distributing the same without
means to carry on gambling or scheme. connivance with the importer.
Conductor – person who manages or carries on NOTES:

gambling game or scheme.
 The possession of any lottery ticket or

advertisement is prima facie evidence of For the purposes of this article, any race held
intent to sell, distribute or use the same. in the same day at the same place
 The lottery tickets need not be genuine, as shall be held punishable as a separate offense,
long as they have the appearance thereof. and if the same be committed by any
partnership, corporation or association, the
P.D. No. 483: BETTING, GAME – FIXING OR president and the directors or managers
POINT – SHAVING AND MACHINATIONS IN thereof shall be deemed to be principals in the
SPORT CONTEST (REPEALED ART. 197) offense if they have consented to or knowingly
tolerated its commission.
Betting – betting money or any object or article
of value or representative of value upon the Acts punishable: (During Periods NOT
result of any game, race and other sports ALLOWED by Law)
contests 1. By betting on horse races
2. By maintaining or employing a totalizer or
Game – fixing – any arrangement, combination, other device scheme for betting on races or
scheme or agreement by which the result of realizing profit therefrom.
any game, races or sports contests shall be
predicted and/or knows other than on the basis
of the honest playing skill or ability of the NOTE:
players or participants  The penalty is higher for a person who
employs a totalizer or other device.
Point – shaving – any such agreement by which  Totalizer – machine for registering and
the skill of ability of any player or participant in indicating the number and nature of bets
a game, races or sports contests to make points made on horse races.
or scores shall be limited deliberately in order  The race held on the same day and at the
to influence the result thereof in favour of one same place is punishable as a separate
or the other team, player or participant therein offense.
 No liability if there is no betting or use of
Game machination – any other fraudulent, totalizer.
deceitful, unfair or dishonest means, method,  Horse races are not allowed on: (a) June
manner or practice employed for the purpose 12th of each year, (b) Dec 30th of each year,
of influencing the result of any game, races or (c) Any registration or voting days and (d)
sports contests Holy Thursday and Good Friday.
Art. 198. Illegal Betting on Horse Races - The
penalty of arresto menor or a fine not Cockfighting Law of 1974
exceeding 200 pesos, or both, shall be imposed Repealed Art. 199
upon any person who except during the period
allowed by law, shall be on horse races. The Holding of Cockfights – Cockfighting shall be
penalty of arresto mayor or a fine ranging from allowed only in licensed cockpits during:
200 to 2,000 pesos, or both, shall be imposed 1. Sundays
upon any person who, under the same 2. Legal holidays
circumstances, shall maintain or employ a 3. During local fiestas for not more than 3
totalizer or other device or scheme for betting days
on horse races or realizing any profit 4. Provincial, city or municipal agriculture,
therefrom. commercial or industrial fair, carnival or
exposition for a similar period of three days ART. 200. Grave scandal - The penalties of arresto
upon resolution, subject to approval of mayor and public censure shall be imposed upon
Chief of Constabulary or his authorized any person who shall offend against decency or
representative – not allowed within month good customs by any highly scandalous conduct
of local fiesta of for more than two not expressly falling within any other article of this
occasions a year in same city or municipality Code.
5. EXCEPT: December 30, June 12, November
30, Holy Thursday, Good Friday, Election or Elements:
Rferendum Day and during Registration 1. That the offender performs an act or acts;
Days for such election or referendum 2. That such act/s be highly scandalous as
offending against decency or good
Cockfighting for Entertainment of Tourists or customs;
for Charitable Purposes: Chief of Constabulary 3. That the highly scandalous conduct does
or his authorized representative may also allow not expressly fall within any other article of
the holding of cockfighting for: the RPC; and
1. Entertainment of foreign dignitaries 4. That the act/s complained of be committed
2. Tourists in a public place or within the public
3. Balikbayan knowledge or view.
4. For support of national fund – raising
campaigns for charitable purposes as may NOTE:
be authorized by the Office of the  Grave scandal consists of acts which are
President, upon resolution of a provincial offensive to decency and good customs.
board, city or municipal council They are committed publicly and thus, give
rise to public scandal to persons who have
NOTE: accidentally witnessed the acts.
 Permitting gambling of any kind in cockpit is  The public view is not required. It is
punished under the same Decree (Owner, sufficient if committed in public place.
manager or lessee of cockpit that permits  For being committed within the public
gambling shall be criminally liable) knowledge, it may occur even in a private
 Spectators in cockfight are not liable unless place; the number of people who sees it is
he participates as bettor not material, except when seen by only one
 Betting I Horse Races is allowed during other person at night, thus negating the
periods provided by law but betting in degree of publicity required.
cockfights is prohibited at all times.  The essence of grave scandal is publicity
 Cockfighting or sabong in the local parlance, and that the acts committed are not only
has a long and storied tradition in our contrary to morals and good customs but
culture and was prevalent even during the must likewise be of such character as to
Spanish occupation – while it was a form of cause public scandal to those witnessing it.
gambling. The morality thereof or the
wisdom in legalizing it is not a justiciable Art. 201. Immoral doctrines, obscene publications
issue. (Teves v. Commission on Elections, and exhibitions, and indecent shows - The penalty
587 SCRA 1) of prision mayor or a fine ranging from six
thousand to twelve thousand pesos, or both such
6. OFFENSES AGAINST DECENCY AND GOOD imprisonment and fine, shall be imposed upon:
CUSTOMS
(1) Those who shall publicly expound or proclaim 1. Those w/c glorify criminals or condone
doctrines openly contrary to public morals; crimes;
2. Those w/c serve no other purpose but to
(2) (a) the authors of obscene literature, published satisfy the market for violence, lust or
with their knowledge in any form; the editors pornography;
publishing such literature; and the 3. Those w/c offend against any race or
owners/operators of the establishment selling the religion;
same; 4. Those w/c tend to abet the traffic and the
use of prohibited drugs; and
(b) Those who, in theaters, fairs, cinematographs 5. Those that are contrary to law, public order,
or any other place, exhibit, indecent or immoral morals, good customs, established policies,
plays, scenes, acts or shows, whether live or in lawful orders, decrees and edicts.
film, which are prescribed by virtue hereof, shall
include those which (1) glorify criminals or Note:
condone crimes; (2) serve no other purpose but to  Publicity is an essential element.
satisfy the market for violence, lust or  The test of obscenity is whether the matter
pornography; (3) offend any race or religion; (4) has a tendency to deprave or corrupt the
tend to abet traffic in and use of prohibited drugs; minds of those who are open to immoral
and (5) are contrary to law, public order, morals, influences. A matter can also be considered
good customs, established policies, lawful orders, obscene if it shocks the ordinary and
decrees and edicts; common sense of men as indecency.
 Mere nudity in paintings and pictures is not
(3) Those who shall sell, give away or exhibit films, obscene.
prints, engravings, sculpture or literature which  Pictures w/ slight degree of obscenity
are offensive to morals. (As amended by PD Nos. having no artistic value and being intended
960 and for commercial purposes fall within this
969). article.
Persons liable: Art. 202. Vagrants and prostitutes - The following

1. Those who publicly expound or proclaim are vagrants:
doctrines openly contrary to public morals.
2. Authors of obscene literature, published 1. Any person having no apparent means of
with their knowledge in any form. subsistence, who has the physical ability to work
3. Editors publishing such obscene literature. and who neglects to apply himself or herself to
4. Owners or operators of establishments some lawful calling;
selling obscene literature.
5. Those who exhibit indecent or immoral 2. Any person found loitering about public or semi-
plays, scenes, acts or shows in theatres, public buildings or places or tramping or
fairs, cinemas or any other place. wandering about the country or the streets
6. Those who sell, distribute, or exhibit prints, without visible means of support;
engraving, sculptures or literatures which
are offensive to morals. 3. Any idle or dissolute person who lodges in
houses of ill fame; ruffians or pimps and those
Considered as obscene literature or immoral or who habitually associate with prostitutes;
indecent plays, scenes or acts:
4. Any person who, not being included in the

provisions of other articles of this Code, shall be Trespass to Dwelling – if fenced and with
found loitering in any inhabited or uninhabited prohibition of entry
place belonging to another without any lawful or Attempted theft – if fenced and entered to
justifiable purpose; hunt/fish
Vagrancy – if not fenced and with no
5. Prostitutes. prohibition of entry
For the purposes of this article, women who, for Vagrancy must not be so lightly treated as to be
money or profit, habitually indulge in sexual considered as constitutionally offensive. (People
intercourse or lascivious conduct, are deemed to v. Siton, 600 SCRA 476)
be prostitutes.
(X) Mendicancy LAW OF 1978
Any person found guilty of any of the offenses P.D. 1563
covered by this article shall be punished by arresto PERSONS LIABLE:
menor or a fine not exceeding 200 pesos, and in 1. MENDICANT – Those with no visible and
case of recidivism, by arresto mayor in its medium legal means of support, or lawful
period to prision correccional in its minimum employment and physically able to work
period or a fine ranging from 200 to 2,000 pesos, but neglects to apply himself to lawful
or both, in the discretion of the court. calling and instead uses begging as means
of living (higher penalty if convicted 2 or
Persons considered as VAGRANTS: more times)
1. Any person who has no apparent means of 2. Any person who abets mendicancy by giving
subsistence and who have the physical alms on public roads, sidewalks, parks and
ability to work yet neglect to apply bridges except of given through organized
themselves to some useful calling; agencies operating under regulations of
2. Persons found loitering around public and Ministry of Public Information
semi – public places or tramping or
wandering around the country or the NOTE:
streets without visible means of support;  Giving alms through organized agencies
3. Idle or dissolute persons lodging in houses operating under the rules and
of ill – fame; Ruffians or pimps and those regulation of the Ministry of Public
who habitually associate with prostitutes; Information is not a violation of the
and Mendicancy Law.
4. Persons found loitering in inhabited or  A vagrant without visible means of
uninhabited places belonging to others, support may become a mendicant if he
without any lawful or justifiable reason, uses begging as a means of living.
provided the act does not fall within any  Under R.A. 9344 persons below
other article of the RPC. eighteen (18) years of age shall be
5. Prostitutes exempt from prosecution for the crime
of vagrancy and prostitution under
Section 202 of the Revised Penal Code,
NOTE: of mendicancy under Presidential
Prostitutes – Women who habitually indulge in Decree No. 1563, and sniffing of rugby
(1) sexual intercourse or (2) lascivious conduct, under Presidential Decree No. 1619,
for money or profit. such prosecution being inconsistent
with the United Nations Convention on

the Rights of the Child. Malfeasance – performance of some act which
ought not to be done
7. CRIMES COMMITTED BY PUBLIC OFFICERS Misfeasance – improper performance of some act
which might lawfully be done
Chapter One: PRELIMINARY PROVISIONS Nonfeasance – omission of an act which ought to
be performed
Art. 203. Who are public officers - For the purpose
of applying the provisions of this and the Misfeasance:
preceding titles of this book, any person who, by 1. Knowingly rendering unjust judgment
direct provision of the law, popular election or 2. Rendering judgment through negligence
appointment by competent authority, shall take 3. Rendering unjust interlocutory order
part in the performance of public functions in the 4. Malicious delay in the administration of
Government of the Philippine Islands, of shall justice
perform in said Government or in any of its
branches public duties as an employee, agent or Nonfeasance:
subordinate official, of any rank or class, shall be 1. Dereliction of duty in the prosecution of
deemed to be a public officer. offenses
Requisites: Malfeasance:
To be a public officer, one must be: 1. Direct bribery
1. Taking part in the performance of public 2. Indirect bribery
functions in the Government, or performing
public duties as an employee, agent or
subordinate official, of any rank or class, in Section 1. – Dereliction of duty
the government or any of its branches; and
2. That his authority to take part in the Art. 204. Knowingly rendering an unjust judgment
performance of public functions or to - Any judge who shall knowingly render an unjust
perform public duties must be – judgment in any case submitted to him for
a. By direct provision of the law, decision, shall be punished by prision mayor and
or perpetual absolute disqualification.
b. By popular election, or
c. By appointment by competent Elements:
authority. 1. That the offender is a judge;
NOTE: 2. That he renders a judgement in the case
 Public officers include every public servant submitted to him for decision;
from the lowest to the highest rank 3. That the judgement is unjust; and
provided that they exercise public 4. That the judge knows that the decision is
functions. unjust.
 A government labourer is not a public
officer. However, temporary performance NOTE:
by a laborer of public functions make him a  A judgement is a final consideration and
public officer. determination by a court of competent
jurisdiction of the issues submitted to it in
Chapter Two: MALFEASANCE AND an action or proceeding.
MISFEASANCE IN OFFICE
 An unjust judgement is one which is 2. That he performs any of the following acts::
contrary to law, or not supported by the a. Knowingly renders an unjust
evidence, or both. interlocutory order or decree,
 No liability if error in good faith or
 An unjust judgement may result from: b. Renders a manifestly unjust
a. Error (w/ bad faith) interlocutory order or decree
b. Ill-will or revenge through inexcusable negligence
c. Bribery or ignorance.
 There must be evidence that the decision
rendered is unjust. It is not presumed. Interlocutory order - one issued by the court
 Abuse of discretion or mere error of deciding a collateral or incidental matter; it is not a
judgement cannot likewise serve as basis final determination of the issues of the action or
for rendering an unjust judgment in the proceeding.
absence of proof or an allegation of bad
faith.
Atr. 207. Malicious delay in the administration of
Art. 205. Judgment rendered through negligence - justice - The penalty of prision correccional in its
Any judge who, by reason of inexcusable minimum period shall be imposed upon any judge
negligence or ignorance shall render a manifestly guilty of malicious delay in the administration of
unjust judgment in any case submitted to him for justice.
decision shall be punished by arresto mayor and
temporary special disqualification. Elements:
1. That the offender is a judge;
Elements: 2. That there is a proceeding in his court;
1. That the offender is a judge; 3. That he delays the administration of
2. That he renders judgment in a case justice; and
submitted to him for decision; 4. That the delay is malicious, that is, the
3. That the judgment is manifestly unjust; and delay is caused by the judge with deliberate
4. That it is due to inexcusable negligence or intent to inflict damage on either party in
ignorance. the case.
Manifestly unjust judgement – manifestly contrary NOTE: Mere delay without malice is not punishable.
to law that even a person having meagre knowledge
of law cannot doubt the injustice. Art. 208. Prosecution of offenses; negligence and
tolerance - The penalty of prision correccional in its
Art. 206. Unjust interlocutory order - Any judge minimum period and suspension shall be imposed
who shall knowingly render an unjust interlocutory upon any public officer, or officer of the law, who,
order or decree shall suffer the penalty of arresto in dereliction of the duties of his office,
mayor in its minimum period and suspension; but shall maliciously refrain from instituting
if he shall have acted by reason of inexcusable prosecution for the punishment of violators of the
negligence or ignorance and the interlocutory law, or shall tolerate the commission of offenses.
order or decree be manifestly unjust, the penalty
shall be suspension. Acts punishable:
1. By maliciously refraining from instituting
Elements: prosecution against violators of the law
1. That the offender is a judge; and
2. By maliciously tolerating the commission of PROSECUTE HIM IS NOT LIABLE AS AN ACCESSORY,

offenses BUT RAHTER DERELICTION OF DUTY
A public officer who harbours, conceals, or assists in
Elements of dereliction of duty in the prosecution the escape of an offender, when it is his duty to
of offenses: prosecute him, is liable as principal in the crime of
1. That the offender is a public officer or dereliction of duty in the prosecution of offenses.
officer of the law who has a duty to cause He is not an accessory.
the prosecution of, or to prosecute
offenses; IF THERE IS CONSIDERATION FOR NON –
2. That there is dereliction of the duties of his PROSECUTION THE CRIME IS DIRECT BRIBERY
office, that is knowing the commission of If gift/promise is a consideration for his conduct,
the crime, he does not cause the crime is direct bribery.
prosecution of the criminal or knowing that
a crime is about to be committed he Art. 209. Betrayal of trust by an attorney or
tolerates its commission; solicitor – Revelation of secrets - In addition to the
3. That the offender acts with malice and proper administrative action, the penalty of prision
deliberate intent to favour the violator of correccional in its minimum period, or a fine
the law. ranging from 200 to 1,000 pesos, or both, shall be
imposed upon any attorney-at-law or solicitor (
PREVARICACION, DEFINED procurador judicial) who, by any malicious breach
Prevaricacion is the negligence and tolerance in the of professional duty or of inexcusable negligence
prosecution of an offense. or ignorance, shall prejudice his client, or reveal
any of the secrets of the latter learned by him in
IT MUST BE THE DUTY OF THE PUBLIC OFFICER TO his professional capacity.
PROSECUTE
There must be a duty on the part of the public The same penalty shall be imposed upon an
officer to prosecute or move for the prosecution of attorney-at-law or solicitor (procurador judicial)
the offender. However, a fiscal is under no who, having undertaken the defense of a client or
compulsion to file an information based upon a having received confidential information from said
complaint if he is convinced that the evidence client in a case, shall undertake the defense of the
before him is insufficient to warrant filing an action opposing party in the same case, without the
in court. consent of his first client.
CRIME MUST BE PROVED FIRST Acts punishable:

The crime must be proved first before an officer can 1. Causing damage to client either
be convicted of dereliction of duty. If the guilt of the a. By any malicious breach of professional
law-violator is not proved, the person charged with duty, or
the dereliction of duty is not liable. b. By inexcusable negligence or
ignorance.
SIGNIFIES DELIBERATE EVIL INTENT - Damage is necessary.
“Maliciously” signifies deliberate evil intent; a 2. Revealing any of the secrets of his client
dereliction of duty caused by poor judgement or learned by him in his professional capacity.
honest mistake is not punishable. - Damage is not necessary.
3. Undertaking the defense of the opposing
A PUBLIC OFFICER WHO CONCEALS OR HARBOURS party in the same case, without the consent
AN OFFENDER WHEN IT IS HIS DUTY TO of his 1st client, after having undertaken the
defense of a client or having received duties. (As amended by Batas Pambansa Blg. 871,
confidential information from said client. approved May 29, 1985).
Acts punishable:
Section 2. – Bribery 1. By agreeing to perform, or by performing,
in consideration of any offer, promise, gift
Art. 210. Direct bribery - Any public officer who or present – an act constituting a crime, in
shall agree to perform an act constituting a crime, connection with the performance of his
in connection with the performance of this official official duties
duties, in consideration of any offer, promise, gift 2. By accepting a gift in consideration of the
or present received by such officer, personally or execution of an act which does not
through the mediation of another, shall suffer the constitute a crime in connection with the
penalty of prision mayor in its medium and performance of his official duty
maximum periods and a fine of not less than the 3. By agreeing to refrain, or by refraining,
value of the gift and] not less than three times the from doing something which it is his
value of the gift in addition to the penalty official duty to do, in consideration of a gift
corresponding to the crime agreed upon, if the or promise
same shall have been committed.
Elements:
If the gift was accepted by the officer in 1. That the offender be a public officer;
consideration of the execution of an act which 2. That the offender accepts an offer or
does not constitute a crime, and the officer promise or receives a gift or present by
executed said act, he shall suffer the same penalty himself or through another
provided in the preceding paragraph; and if said 3. That such offer or promise be accepted or
act shall not have been accomplished, the officer gift/present received by the public officer –
shall suffer the penalties of prision correccional, in a. With a view to committing some crime;
its medium period and a fine of not less than twice OR
the value of such gift. b. In consideration of an execution of an
act which does not constitute a crime,
If the object for which the gift was received or but the act must be unjust; OR
promised was to make the public c. To refrain from doing something which
officer refrain from doing something which it was is his official duty to do;
his official duty to do, he shall suffer the penalties 4. That the act which the offender agrees to
of prision correccional in its maximum period and a perform or which he executes be
fine of not less than the value of the gift and not connected with the performance of his
less than three times the value of such gift. official duties.
In addition to the penalties provided in the TEMPORARY PERFORMANCE OF PUBLIC

preceding paragraphs, the culprit shall suffer the FUNCTIONS MAKE THE PERSON A PUBLIC OFFICER
penalty of special temporary disqualification.
For purposes of this article, temporary performance
The provisions contained in the preceding of public functions is sufficient to constitute a
paragraphs shall be made applicable to assessors, person a public officer. A private person may
arbitrators, appraisal and claim commissioners, commit this crime only in the case in which custody
experts or any other persons performing public of prisoners is entrusted to him
Bribery exists when the gift is:  Victim parts with his money or property
1. Voluntary offered by a private person voluntarily.
2. Solicited by the public officer and Robbery (294)
voluntarily delivered by the private person  When the victim did not commit a crime
3. Solicited by the public officer but the and he is intimidated with arrest and/or
private person delivers it out of fear of the prosecution to deprive him of his personal
consequences should the public officer property.
perform his functions. The crime by the  Victim is deprived of his money or property
giver is not corruption of public officials due by force or intimidation.
to his involuntariness.
Art. 211. Indirect bribery - The penalties of prision
ACTUAL RECEIPT OF GIFT IS NOT NECESSARY correccional in its medium and maximum periods,
Actual receipt of the gift is not necessary. An and public censure shall be imposed upon any
accepted offer or promise of a gift is sufficient. public officer who shall accept gifts offered to him
Mere agreement consummates the crime and by reason of his office. (As amended by Batas
delivery of consideration is not necessary. However, Pambansa Blg. 871, approved May 29, 1985).
if the offer is not accepted, only the person offering
the gift is liable for attempted corruption of a public Elements:
officer. 1. That the offender is a public officer;
2. That he accepts gifts; and
GIFT MUST BE CAPABLE OF PECUNIARY 3. That the said gifts are offered to him by
ESTIMATION reason of his office.
The gift must have a value or be capable of
pecuniary estimation. It could be in the form of NOTE:
money, property or services.  The article uses the words “gift” and not
“promise”, and “accept”, not just “receive”.
DIRECT BRIBERY, 3RD Par. V. PREVARICACION  The gift is given in anticipation of future
The third type of bribery and prevaricacion (art 208) favour from the public officer.
are similar offenses, both consisting of omissions to  There must be clear intention on the part of
do an act required to be performed. In direct the public officer to take the gift offered
bribery however, a gift or promise is given in and consider the property as his own for
consideration of the omission. This element is not that moment. Mere physical receipt
necessary in prevaricacion. unaccompanied by any other sign,
circumstance or act to show such
ADDITIONAL ELEMENT acceptance is not sufficient to convict the
FOURTH ELEMENT: The act which the public officer officer.
agrees to perform must be connected with the  There is no attempted or frustrated
performance of official duties. It is enough that the indirect bribery.
act is part of the established procedure of a
governmental agency. Direct bribery
 Public officer receives a gift.
Bribery (210)  There is an agreement between the
 When the victim has committed a crime public officer and the giver.
and gives money/gift to avoid arrest or  Officer agrees to perform or refrain
prosecution. from doing an act.
Indirect bribery
 Public officer receives a gift. NOTE:

 Usually no such agreement.  The offender is the giver of the gift or the
 Not necessary that the officer do an offeror of the promise. The act may or may
act, as long as he accepts gifts by not be accomplished.
reason of his office.  Under PD 749, givers of bribes and other
gifts as well as accomplices in bribery and
Art. 211. – A. Qualified bribery - - If any public other graft cases are immune from
officer is entrusted with law enforcement and he prosecution if they voluntarily give any
refrains from arresting or prosecuting an offender information about any commission of
who has committed a crime punishable by direct, indirect, and qualified bribery, and
reclusion perpetua and/or death* in consideration any corruption of public officials, provided
of any offer, promise, gift or present, he shall that:
suffer the penalty for the offense which was not 1. The information must refer to
prosecuted. consummated violations of any of the
*Only reclusion perpetua may be imposed under above – mentioned provisions of law,
R.A. 9346 rules and regulations
If it is the public officer who asks or demands such 2. Information and testimony are
gift or present, he shall suffer the penalty of death. necessary for the conviction of the
(As added by Sec. 4, RA No. 7659). accused public officer,
3. Such information and testimony are not
Elements: in possession of the State.
1. That the offender is a public officer 4. Such information and testimony can be
entrusted with law enforcement; corroborated on its material points
2. That he refrains from arresting/prosecuting 5. Informant or witness has not been
an offender for crime punishable by previously convicted of a crime
reclusion perpetua and/or death and involving moral turpitude
3. In consideration of any offer, promise or
gift. A. ANTI – GRAFT AND CORRUPT PRACTICES
ACT (R.A. NO. 3019)
Art. 212. Corruption of public officials - The same
penalties imposed upon the officer corrupted, Persons liable:
except those of disqualification and suspension, 1. Any public officer who shall perform any of
shall be imposed upon any person who shall have the following acts:
made the offers or promises or given the gifts or a. Persuading, inducing or influencing
presents as described in the preceding articles. another public officer to perform an act
constituting a violation of rules and
Elements: regulations duly promulgated by
1. That the offender makes offers or promises competent authority or an offense in
or gives gifts or presents to a public officer; connection with the official duties of
and the latter, or allowing himself to the
2. That the offers or promises are made or the persuaded, induced, or influenced to
or presents given to a public officer, under commit such violation or offense.
the circumstances that will make the public
officer liable for direct bribery or indirect NOTE: Persuasion need not be successful. The
bribery. gravamen of the offense is the persuasion.
b. Directly or indirectly requesting or  The best defense is that the

receiving any gift, present, share, partiality was not manifest. That
percentage, or benefit for himself or for the partiality is manifest is a heavy
any other person in connection with burden on the prosecution. (Justice
any contract or transaction between Peralta)
the government and any other party  Another defense is the Arias
wherein the public officer in his official doctrine. The defense applies in a
capacity has to intervene under the law. case where the accused is an
c. Directly, or indirectly requesting or approving officer and is on trial for
receiving any gift, present, ot other signing an unjust contract.
pecuniary or material benefit, for  The defense is that the approving
himself or for another, from any person officer relied on the prior signatures
for whom the public officer, in any of his subordinates and had no
manner or capacity, has secured or reason to suspect wrong – doing
obtained, or will secure or obtain, any and was swamped with a lot of
Government permit or license, in documents on that day that he
consideration for the help given or to signed.
be given.  There is no attempted or frustrated
stage of the crime defined in Sec.
NOTE: If the act does not fall under b and c, then 3(e) of R.A. No. 3019.
Art. 210, direct bribery, may apply. (Justice Peralta)
f. Neglecting or refusing, after due
d. Accepting or having any member of his demand or request without sufficient
family accept employment in a private justification to act within a reasonable
enterprise which has pending official time on any matter pending before him
business with him during the pendency for the purpose of obtaining directly or
thereof or within one year after its indirectly, from any person interested
termination. in the matter some pecuniary or
material benefit or advantage, or for
NOTE: The act is mala prohibita. Hence, the public the purpose of favouring his own
official need not have even recommended the interest or giving undue advantage in
employment. (Justice Peralta) favour of or discriminating against any
other interested party.
e. Causing any undue injury to any party,
including the Government, or giving any g. Entering, on behalf of the Government,
private party any unwarranted benefits, into any contract or transaction
advantage, or preference in the manifestly and grossly disadvantageous
discharge of his official administrative to the same, whether or not the public
or judicial function through manifest officer profited or will profit thereby.
partiality, evident bad faith or gross
inexcusable negligence. This provision NOTE: In determining whether the contract was
shall apply to officers and employees of manifestly and grossly disadvantageous, it is not
offices or government corporations merely consideration of the pecuniary amount
charged with the grant of licenses or involved. (Justice Peralta)
permits or other concessions.
h. Directly or indirectly having financial or in advance of its authorized released

pecuniary interest in any business, date.
contract or transaction in connection
with which he intervenes or take part in 2. Any person having family or close personal
his official capacity, or in which he is relation with any public official who shall
prohibited by the constitution or by any capitalize or exploit or take advantage of
law from having any interest. such family or close personal relation by
directly or indirectly requesting or receiving
NOTE: any present, gift, or material, or pecuniary
 Actual intervention is required. advantage from any person having some
 Under the Code of Professional business, transaction, application, request,
Conduct, the public officer MUST divest or contract with the government in which
his interest. such public official has to intervene. (Sec.4)
i. Directly or indirectly becoming 3. Any person who shall knowingly induce or

interested, for personal gain, or having cause any public official to commit any of
a material interest in any transaction or the offenses under (A). (Sec.4)
act requiring the approval of a board,
panel, or group of which he is a 4. Spouse or any relative, by consanguinity or
member, and which exercises discretion affinity, within the 3rd civil degree, of the
in such approval, even if he votes President of the Philippines, the Vice –
against the same or does not President, the President of the Senate, or
participate in the action of the board, Speaker of the House of Representatives,
committee, panel or group. who shall intervene, directly or indirectly, in
Interest for personal gain shall be any business transaction, contract or
presumed against those public officers application with the government.
responsible for the approval of
manifestly unlawful, inequitable or This prohibition shall not apply to:
irregular transactions or acts by the 1. Any person who, prior to the assumption of
board, panel, or group to which they office of any of the above officials to whom
belong. he is related, has been already dealing with
the same line of business or any
j. Knowingly approving or granting any transaction, contract or application already
license, permit, privilege, or benefit in existing or pending at the time of such
favour of any person not qualified for or assumption of public office;
not legally entitled to such license, 2. Any application filed by him, the approval of
permit, privilege, or advantage, or which is not discretionary on the part of the
dummy of one who is not so qualified official(s) concerned but depends upon
or entitled. compliance with requisites provided by law,
rules or regulations issued pursuant to law;
3. Any act lawfully performed in an official
k. Divulging valuable information of a capacity or in the exercise of a profession.
confidential character, acquired by his (Sec. 5)
office or by him on account of his
official position to unauthorized 5. Any member of Congress, during the term for
persons, or releasing such information which he has been elected, who shall acquire or
receive any personal pecuniary interest in any frequent travel abroad of a non – official
specific business enterprise which shall be directly character by any public official when such
and particularly favoured or benefited by any law or activities entail expenses evidently out of
resolution authored by him previously approved or proportion to legitimate income.
adopted by Congress during his term.
NOTE: Competent court is the Sandiganbayan
6. Any public officer who recommended the (Sec. 10)
initiation in Congress of the enactment or adoption
of any law or resolution and acquires or receives GENERAL RULE: Prescriptive period is 15years
such interest during his incumbency. (Sec 11).
EXCEPTIONS: Unsolicited gifts or presents of
 Unlawful for such member of Congress or small insignificant value offered or given as a
other public officer, who, having such mere ordinary token of gratitude of friendship
interest prior to the approval of such law or according to local customs or usage, shall be
resolution authored or recommended by excepted from the provisions of this act (Sec.
him, continues for 30 days after such 14).
approval to retain such interest.
7. Any public officer who shall fail to file a true, NOTE:

detailed and sworn statement of assets and  No public officer shall be allowed to resign
liabilities within 30 days after assuming office and or retire pending an investigation.
thereafter on or before the 15th day of April  Suspension while pending in court after
following the close of every calendar year, as well as valid information (cannot be automatic),
upon the expiration of his term of office, or upon and loss of benefits if convicted by final
the expiration of his term of office, or upon his judgement; maximum duration of
resignation or separation from office (Sec. 7). preventive suspension is 90 days; acquittal
= reinstatement and salaries and benefits
Prima facie evidence of dismissal due to which he failed to receive.
unexplained wealth (Sec.8)  The courts are not bound by the statement
1. If a public official has been found to have of assets and liabilities filed.
acquired during his incumbency, whether in  Penalty of forfeiture cannot be applied
his name or in the name of other persons, retroactively.
as an amount of property and/or money  Section 3(e) of R.A. 3019 has the following
manifestly out of proportion to his salary elements: 1) The accused must be public
and to his other lawful income. officer discharging administrative, judicial
2. Properties in the name of the spouse and or official functions; 2) He must have acted
dependents of such public official may be with manifest partiality, evident bad faith or
taken into consideration, when their gross inexcusable negligence; and 3) His
acquisition through legitimate means action caused any undue injury to any
cannot be satisfactorily shown. party, including the government, or gave
3. Bank deposits in the name of or manifestly any private party unwarranted benefits,
excessive expenditures incurred by the advantage or preference in the discharge of
public official, his spouse or any of their his functions. (Albert v. Sandiganbayan, 580
dependents including but not limited to SCRA 279; Lazarte, Jr. v. Sandiganbayan
activities in any club or association or any (First Division), 581 SCRA 431; Giduquio v.
ostentatious display of wealth including
People, 586 SCRA 499; Soriano v. Marcelo, benefit for oneself or for any other person,
592 SCRA 394; Ong v. People, 601 SCRA 47) in connection with any other party, wherein
 The fundamental test in determining the a public officer in an official capacity has to
sufficiency of the material averments of an intervene under the law. Each of these
information is whether the facts alleged modes of committing the offense is distinct
therein, which are hypothetically admitted, and different from one another. Proof of
would establish the essential elements of existence of any of them suffices to warrant
the crime defined by law – evidence conviction. (Linda cadiao – Palacios v.
aliunde, or matters extrinsic of the People, G.R. No. 168544, March 31, 2009)
Information, are not be considered. (People  The initial filing of the complaint in 1989 or
v. Dumalao, 580 SCRA 409) the preliminary investigation by the PCGG
 The administrative liability for graft and that preceded it could not have interrupted
corruption is classified as a grave offense, the fifteen (15) – year prescription period
for which the Court imposes the penalty of under Rep. Act No. 3019. As held in Cruz, Jr.
dismissal upon the respondent v. Sandiganbayan, the investigatory power
stenographer. (Verginesa – Suarez v. Dilag, of the PCGG extended only to alleged ill –
580 SCRA 491) gotten wealth cases, absent previous
 There are two ways of violating Section authority from the Prseident for the PCGG
3(e), Republic Act No. 3019, to wit: (a) by to investigate such graft and corruption
causing any undue injury to any party, cases involving the Marcos cronies.
including the Government; b) by giving any Accordingly, the preliminary investigation
private party unwarranted benefit, conducted by the PCGG leading to the filing
advantage or preference. (Giduquio v. of the first information is void ab initio, and
People, 586 SCRA 499) thus could not be considered as having
 In order to be held guilty of violating tolled the fifteen (15) – year prescriptive
Section 3(e), R.A. No. 3019, the prohibited period, notwithstanding the general rule
acts of the accused must have been done that the commencement of preliminary
with evident bad faith or with manifest investigation tolls the prescriptive period.
partiality. After all, a void ab initio, proceeding could
In addition to acts or omissions of public not be accorded any legal effect by this
officers already penalized by existing law, Court.
the following shall constitute corrupt The rule is that for criminal violations of
practices of any public officer and are Rep. Act No. 3019, the prescriptive period is
hereby declared to be unlawful: x x x x (h) tolled only when the Office of the
Directly or indirectly having financial or Ombudsman receives a complaint or
pecuniary interest in any business, contract otherwise initiates it investigation. As such
or transaction in connection with which he preliminary investigation was commenced
intervenes or takes part in his official more than fifteen (15) years after the
capacity, or in which he is prohibited by the imputed acts were committed, the offense
Constitution or by any law from having any had already prescribed as of such time.
interest. (Teves v. Commission on Elections, (People v. Romualdez, G.R. No. 166510,
587 SCRA 1) April 29, 2009)
 Section 3(b) penalizes three distinct acts –
1) demanding or requesting; 2) receiving; or Chapter Three: FRAUDS AND ILLEGAL EXACTIONS
3) demanding,requesting and receiving – AND TRANSACTIONS
any gift, present, share, percentage, or
ART. 213. Frauds against the public treasury and furnishing supplies (b) the making of
similar offenses - The penalty of prision contracts, or (c) the adjustment or
correccional in its medium period to prision mayor settlement of account relating to a public
in its minimum period, or a fine ranging from 200 property or funds; and
to 10,000 pesos, or both, shall be imposed upon 4. That the accused had the intent to defraud
any public officer who: the government.
1. In his official capacity, in dealing with any NOTE:

person with regard to furnishing supplies, the  The public officer must act in his official
making of contracts, or the adjustment or capacity.
settlement of accounts relating to public property  The felony is consummated by merely
or funds, shall enter into an agreement with any entering into an agreement with any
interested party or speculator or make use of any interested party or speculator or by merely
other scheme, to defraud the Government; making use of any scheme to defraud the
Government.
2. Being entrusted with the collection of taxes, B. Illegal exactions
licenses, fees and other imposts, shall be guilty or
any of the following acts or omissions: Elements:
1. The offender is a public officer entrusted
(a) Demanding, directly, or indirectly, the payment with the collection of taxes, licenses, fees
of sums different from or larger than those and other imposts; and
authorized by law. 2. That he is guilty of any of the following acts
or omissions:
(b) Failing voluntarily to issue a receipt, as a. Demanding, directly or
provided by law, for any sum of money collected indirectly the payment of sums
by him officially. different from or larger than
those authorized by law, or
(c) Collecting or receiving, directly or indirectly, by b. Failing voluntarily to issue a
way of payment or otherwise things or objects of a receipt, as provided by law, for
nature different from that provided by law. any sum of money collected by
him officially, or
When the culprit is an officer or employee of the c. Collecting or receiving, directly
Bureau of Internal Revenue or the or indirectly, by way of
Bureau of Customs, the provisions of the payment or otherwise, thing or
Administrative Code shall be applied. objects of nature different from
that provided by law.
A. Frauds against public treasury
NOTE:
Elements:  Mere demand of a larger or different
1. That the offender be a public officer; amount is sufficient to consummate the
2. That he should have taken advantage of his crime. The essence is the improper
office, that is, he intervened in the collection and damage to the government is
transaction in his official capacity; not required.
3. That he entered into an agreement with  If sums are received without demanding the
any interested party or speculator or made same, a felony under this article is not
use of any other scheme with regard to (a) committed. However, if the sum is given as
a sort of gift or gratification, the crime is Only actual and extrinsic fraud had been accepted
indirect bribery. and is contemplated by the law as a ground to
 When there is deceit in demanding larger review or reopen a decree of registration. (Rabaja
fees, the crime committed is estafa. Ranch Development Corporation v. AFP Retirement
 This felony may be complexed with and Separation Benefits System, 592 SCRA 201)
malversation. Ex. A tax collector who In our jurisdiction, fraud is never presumed. Mere
collected a sum larger than that authorized allegations of fraud are not enough. Id.
by law and spent all of them is guilty of two
crimes, namely: (1) illegal exaction for Fraud may be defined as the voluntary execution of
demanding a greater amount; and (2) a wrongful act, or a wilful omission, knowing and
malversation for misappropriating the intending the effects which naturally and
amount collected. necessarily arise from such act or omission.
 Officers and employees of the BIR or (Republic v Estate of Alfonso Lim, Sr., 593 SCRA 404)
Customs are not covered by this article,
since they are covered by the NIRC or the Art. 215. Prohibited transactions - The penalty of
Administrative Code. prision correccional in its maximum period or a
fine ranging from 200 to 1,000 pesos, or both, shall
Art. 214. Other frauds - In addition to the penalties be imposed upon any appointive public officer
prescribed in the provisions of Chapter Six, Title who, during his incumbency, shall directly or
Ten, Book Two, of this Code, the penalty of indirectly become interested in any transaction of
temporary special disqualification in its maximum exchange or speculation within the territory
period to perpetual special disqualification shall be subject to his jurisdiction.
imposed upon any public officer who, taking
advantage of his official position, shall commit any Elements:
of the frauds or deceits enumerated in said 1. That the offender is an appointive public
provisions. officer;
2. That he becomes interested, directly or
Elements: indirectly, in any transaction of exchange or
1. That the offender is a public officer; speculation;
2. That he takes advantage of his official 3. That the transaction takes place within the
position; and territory subject to his jurisdiction; and
3. That he commits any of the frauds or 4. That he becomes interested in the
deceits enumerated in art. 315 and 316. transaction during his incumbency.
(estafa, swindling)
NOTE:
NOTE: The RTC has jurisdiction over the offense,  The transaction must be of exchange or
regardless of the amount or penalty involved, speculation.
because the principal penalty is disqualification.  Examples of transactions of exchange or
speculations are buying and selling stocks,
FRAUD commodities, land, etc. wherein one hopes
Fraud is a question of fact which must be alleged to take advantage of an expected rise or fall
and proved. Fraud cannot be presumed and must in price: for gain or profit and not merely as
be proven by clear and convincing evidence. investment
(Rementizo v. Heirs of Pelagia Vda. De Madarieta,  Purchasing of stocks or shares in a company
576 SCRA 109) is simple investment and not a violation of
the article. However, regularly buying financially in any franchise or

securities for resale is speculation. special privilege granted by
government; cannot intervene in
Art.216. Possession of prohibited interests by a any matter before the Government
public officer - The penalty of arresto mayor in its - Executive – cannot hold any other
medium period to prision correccional in its office
minimum period, or a fine ranging from 200 to - Constitutional Commissions –
1,000 pesos, or both, shall be imposed upon a cannot hold any other office, or
public officer who directly or indirectly, shall engage in practice of profession or
become interested in any contract or business in management of business, or be
which it is his official duty to intervene. financially interested in a contract
with or franchise/privilege by the
This provisions is applicable to experts, arbitrators government
and private accountants who, in like manner, shall
take part in any contract or transaction connected B. AN ACT DEFINING AND PENALIZING THE CRIME
with the estate or property in appraisal, OF PLUNDER (RA 7080)
distribution or adjudication of which they shall
have acted, and to the guardians and executors Ill-gotten wealth: Any asset, property, business
with respect to the property belonging to their enterprise or material possession of any person
wards or estate. acquired by him directly or indirectly through
dummies, nominees, agents, subordinates, and/or
Persons liable: business associates by any combination or series of
1. Public officer who became interested in any the following means or similar schemes:
contract or business in which it is his official A. Through misappropriation, conversion,
duty to intervene. misuse or malversation of public funds or
2. Experts, arbitrators and private accountants raids on the public treasury
who took part in any contract or transaction B. By receiving, directly or indirectly, any
connected with the estate or property in commission, gift, share, percentage,
the approval, distribution or adjudication of kickbacks or any other form of pecuniary
which they had acted. benefit from any person and/or entity in
3. Guardians and executors with respect to connection with any government contract
property belonging to their wards or the or project or by reason of the office or
estate. position of the public officer concerned;
C. By the illegal or fraudulent conveyance or
NOTE: disposition of assets belonging to the
 Actual fraud is not necessary. National Government or any of its
 Intervention must be by virtue of public subdivisions, agencies or instrumentalities
office held. or government – owned or controlled
 Act is punished because of the possibility corporations and their subsidiaries;
that fraud may be committed or that the D. By obtaining, receiving or accepting ,
officer may place his own interest above directly or indirectly, any shares of stock,
that of the Government or of the party equity or any other form of interest or
which he represents. participation, including the promise of
 Constitutional prohibitions exist future employment in any business
- Congress: cannot personally appear enterprise or undertaking.
as counsel;, cannot be interested
E. By establishing agricultural, industrial or commission of a criminal offense. (Garcia v.

commercial monopolies or other Sandiganbayan, 603 SCRA 348)
combinations, and/or implementation of
decrees and orders intended to benefit Rule of Evidence: For purposes of establishing the
particular persons or special interests; crime of plunder, it shall not be necessary to prove
F. By taking undue advantage of official each and every criminal act done by the accused in
position, authority, relationship, connection furtherance of the scheme and conspiracy to amass,
or influence to unjustly enrich himself or accumulate or acquire ill-gotten wealth, it being
themselves at the expense and to the sufficient to establish beyond reasonable doubt a
damage or prejudice of the Filipino people pattern of overt or criminal acts indicative of the
and the Republic of the Philippines. overall unlawful scheme or conspiracy.
NOTE: Prescription: 20 years. However, the right of the

 A forfeiture case under Republic Act No. State to recover properties unlawfully acquired by
1379 arises out of a cause of action public officers from them or from their nominees or
separate and different from a plunder transferees shall not be barred by prescription,
case, thus negating the notion that the laches or estoppels.
crime of plunder absorbs the forfeiture
case. “Combination”, refers to at least two (2) acts falling
 Republic Act No. 7080 did not repeal under different categories of enumeration provided
Republic Act No. 1379 – nowhere in in sec.1, par. (d).
Republic Act No. 7080 is there a
provision that would indicate a repeal, Example: raids on the public treasury in sec. 1, par.
expressly or impliedly, of Republic Act (d), subpar. (1), and fraudulent conveyance of
No. 1379 assets belonging to the national government under
sec. 1 par. (d), subpar. (3).
Persons liable:
A. Any public officer who, by himself or in “Series” refer to two (2) r more overt or criminal
connivance with members of his family, acts falling under the same category of
relatives by affinity or consanguinity, enumeration found in sec.1, par. (d), say,
business associates and subordinates or misappropriation, malversation and raids on the
other persons, amasses, accumulates, or public treasury, all of which falls under sec. 1, par.
acquires ill-gotten wealth through a (d), subpar. (1). “Verily, had the legislature intended
combination or series of overt or criminal a technical or distinctive meaning for “combination”
acts as described under above in the and “series”, it would have taken greater pains in
aggregate amount or total value of at least specially providing for it in the law.” (Estrada v.
50 MILLION PESOS, shall be guilty of the Sandiganbayan (2001))
crime of plunder (as amended by RA 7659).
B. Any person who participated with the said PLUNDER IS A CRIME OF MALUM IN SE
public officer in the commission of plunder. Plunder is a crime of malum in se because the
constitutive crimes are mala in se. The elements of
Jurisdiction: Sandiganbayan mens rea must be proven in a prosecution for
The Sandiganbayan has jurisdiction over actions for plunder. The legislative declaration in R.A. 7659 that
forfeiture under Republic Act No. 1379, albeit the plunder is a heinous offense implies that it is malum
proceeding thereunder is civil in nature – the civil in se. for when the acts punished are inherently
liability for forfeiture cases does not arise from the immoral or inherently wrong, they are mala in se
and it does not matter that such acts are punished

in a special law, especially since in the case of Penalty for Furnishing False Evidence, Forged
plunder the predicate crimes are mainly mala in se. Document, or Spurious Evidence. – The penalty
(Joseph Ejercito Estrada v. Sandiganbaan, of twelve (12) years and one day to twenty (20)
(November 21, 2001)) years of imprisonment shall be imposed upon
any person who knowingly furnishes false
C. Human Security Act testimony, forged document or spurious
evidence in any investigation or hearing under
Penalty for Failure to Deliver Suspect to the Proper this Act.
Judicial Authority within Three Days. – The penalty
of ten (10) years and one day to twelve (12) years of
imprisonment shall be imposed upon any police or
law enforcement personnel who has apprehended
or arrested, detained and taken custody of a person
charged with or suspected of the crime of terrorism
or conspiracy to commit terrorism and fails to Chapter Four:
deliver such charged or suspected person to the MALVERSATION OF PUBLIC FUNDS OR
proper judicial authority within the period of three PROPERTY
days.
Art. 217. Malversation of public funds or
Infidelity in the Custody of Detained Persons. –Any property - Any public officer who, by reason of
public officer who has direct custody of a detained the duties of his office, is accountable for
person or under the provisions of this Act and who public funds or property, shall appropriate the
by his deliberate act, misconduct, or inexcusable same or shall take or misappropriate or shall
negligence causes or allows th escape of such consent, through abandonment or negligence,
detained person shall be guilty of an offense and shall permit any other person to take such
shall suffer the penalty of: public funds, or property, wholly or partially,
(a) Twelve (12) years and one day to twenty or shall otherwise be guilty of the
(20) years of imprisonment, if the detained misappropriation or malversation of such
person has already been convicted and funds or property, shall suffer:
sentenced in a final judgment of a
competent court; and 1. The penalty of prision correccional in its
(b) Six years and one day to twelve (12) years medium and maximum periods, if the amount
of imprisonment, if the detained person has involved in the misappropriation or
not been convicted and sentenced in a final malversation does not exceed two hundred
judgment of a competent court. pesos.
Penalty for False or Untruthful Statement or 2. The penalty of prision mayor in its minimum
Misrepresentation of Material Fact in Joint and medium periods, if the amount involved is
Affidavits. – Any false or untruthful statement more than two hundred pesos but does not
or misrepresentation of material fact in the exceed six thousand pesos.
joint affidavits required respectively in Section
12 and Section 32 of this Act shall constitute a 3. The penalty of prision mayor in its maximum
criminal offense and the affiants shall suffer period to reclusion temporal in its minimum
individually the penalty of ten (10) years and period, if the amount involved is more than six
one day to twelve (12) years of imprisonment.
thousand pesos but is less than twelve The failure of a public officer to have duly
thousand pesos. forthcoming any public funds or property with
which he is chargeable, upon demand by any duly
4. The penalty of reclusion temporal, in its authorized officer, shall be prima facie evidence
medium and maximum periods, if the amount that he has put such missing funds or property to
involved is more than twelve thousand pesos personal uses. (People of the Philippines v. Angel A.
but is less than twenty-two thousand pesos. If Enfermo, G.R. No. 148682 – 85, November 30, 2005)
the amount exceeds the latter, the penalty
period to reclusion perpetua. TECHNICAL MALVERSATION
The elements of the offense, also known as
In all cases, persons guilty of malversation technical malversation are: (1) the offender is an
shall also suffer the penalty of perpetual accountable public officer; (2) he applies public
special disqualification and a fine equal to the funds or property under his administration to some
amount of the funds malversed or equal to the public use; and (3) the public use for which the
total value of the property embezzled. public funds or property were applied is different
from the purpose for which they were originally
The failure of a public officer to have duly appropriated by law or ordinance. It is clear that for
forthcoming any public funds or property with technical malversation to exist, it is necessary that
which he is chargeable, upon demand by any public funds or properties had been delivered to
duly authorized officer, shall be prima facie any public use other than that provided for by law
evidence that he has put such missing funds or or ordinance. To constitute the crime, there must
property to personal use. (As amended by RA be a diversion of the funds from the purpose for
1060). which they had been originally appropriated by law
or ordinance. (Tetangco v. Ombudsman, G.R. No.
Elements: 156427, Jan. 20, 2006)
1. That the offender be a public officer (or
private person if entrusted with public NOT NECESSARY FOR OFFENDER TO PROFIT
funds or if in connivance with public It is not necessary that the offender profited by his
officers); malversation. His being remiss in the duty of
2. That he had the custody or control of funds safekeeping public funds violates the rust reposed.
or property (if not accountable for the
funds, crime committed is theft or qualified It is settled that a public officer is liable for
theft); malversation even if he does not use public
3. That those funds or property were public property or funds under his custody for his personal
funds or property (even if private funds, benefit, if he allows another to take the funds, or
they become public if attached, seized, through abandonment or negligence, allow such
deposited or commingled with public taking. (People v. Pantaleon, Jr., 581 SCRA 140)
funds); and
4. That he: MALVERSATION MAY BE COMMITED EITHER
a. Appropriated the funds or property THROUGH A POSTIVE ACT OF MISAPPROPIRATION
b. Took or misappropriated them OF PUBLIC FUNDS OR PROPERTY OR PASSIVELY
c. Consented or, through abandonment or THROUGH NEGLIGENCE BY ALLOWING ANOTHER
negligence, permitted any other person TO COMMIT SUCH MISAPPROPRIATION;
to take such public funds or property. Malversation may be committed either through a
positive act of misappropriation of public funds or
PRESUMPTION OF MALVERSATION property or passively through negligence by
allowing another to commit such misappropriation. Any public officer who, by reason of the duties of
To sustain a charge of malversation, there must his office is accountable for public funds or
either be criminal intent or criminal negligence and property, shall appropriate the same, or shall tae or
while the prevailing facts of a case may not show misappropriate or shall consent, or through
that deceit attended the commission of the offense, abandonment or negligence, shall permit any other
it will not preclude the reception of evidence to person to take such public funds or property wholly
prove the existence of negligence because both are or partially, or shall otherwise be guilty of the
equally punishable in Article 217 of the Revised misappropriation or malversation of such funds or
Penal Code. property. (People of the Philippines v. Angel A.
More pointedly, the felony involves breach of public Enfermo, G.R. No. 148682 – 85, November 30, 2005)
trust, and whether it is committed through deceit or
negligence, the law makes it punishable and CIRCUMSTANCES MAKING A PRIVATE INDIVIDUAL
prescribes a uniform penalty therefor. Even when LIABLE
the information charges wilful malversation, Private Individuals can also be held liable for
conviction for malversation through negligence may malversation under 2 circumstances:
still be adjudged if the evidence ultimately proves 1. When they are in conspiracy with public
that mode of commission of the offense. (People of officers; and
the Philippines v. Jose Ting Lan Uy., etc. et. Al. G.R. 2. When they have charge of national,
No. 157399, November 17, 2005) provincial or municipal funds, revenues or
property in any capacity.
TO BE HELD LIABLE FOR MALVERSATION FUNDS
NEED NOT BE MISAPPROPRIATED GOOD FAITH IS A DEFENSE WHEN COMMITTED
Public funds taken need not be misappropriated. WITH NEGLIGENCE
When malversation is not committed through
MAY BE COMMITTED THROUGH NEGLIGENCE negligence, lack of criminal intent or good faith is a
It can be committed either with malice or through defense.
negligence or imprudence although the penalty is
the same. Negligence of the accountable public RETURN OF EMBEZZLED FUNDS DOES NOT EXEMPT
officer must be positively and clearly shown to be FROM LIABILITY
inexcusable. Returning the embezzled funds is not an exempting
circumstance but only mitigating.
NATURE OF OFFICE IS THE DETERMINING FACTOR
OF WHETHER A PERSON IS A PUBLIC OFFICER, NOT NEGLIGENCE BY ANOTHER WHICH GAVE WAY TO
THE DESIGNATION THE COMMSSION OF MALVERSATION MAY BE
In determining whether the offender is a public LIABLE AS AN ACCOMPLICE
officer, what is controlling is the nature of his office A person whose negligence made possible the
and not the designation – contemplates public commission of malversation by another can be held
officer who receives money or property from liable as a principal by indispensable cooperation.
government for which he is bound to account, must
have authority to collect or receive. Malversation (217)
 Funds or property usually public
PROPERTY RECEIVED IN OFFICIAL CAPACITY  Offender is usually a public officer who is
The funds or property must be received in an accountable for the public funds/property
official capacity. Otherwise, the crime committed is  Crime is committed by appropriating,
estafa. taking, or misappropriating/consenting, or
through abandonment or negligence,
permitting any other person to take the 2. That he must be an accountable officer
public funds/property for public funds or property;
3. That he is required by law or regulation
Estafa with Abuse of Confidence (315) to render accounts to the Commission
 Funds/property are always private on Audit, or to a provincial auditor; and
 Offender is a private individual or even 4. That he fails to do so for a period of two
a public officer who is not accountable months after such accounts should be
for public funds/property rendered.
 Crime is committed by
misappropriating, converting, or NOTE: Demand and misappropriation are not
denying having received money, goods necessary.
or other personal property
 The fact that the obligation to deposit Art. 219. Failure of a responsible public officer to
the collections of the City Treasurer’s render accounts before leaving the country - Any
Office is not covered by appellant’s public officer who unlawfully leaves or attempts to
official job description is of no legal leave the Philippine Islands without securing a
consequence in a prosecution for certificate from the Insular Auditor* showing that
Malversation. What is essential is that his accounts have been finally settled, shall be
appellant had custody or control of punished by arresto mayor, or a fine ranging from
public funds by reason of the duties of 200 to 1,000 pesos or both.
his office. (People v. Hipol (2003)) *Now Commissioner on Audit
NOTE: Elements:
Upon the conviction by the trial court of a public 1. That the offender is a public officer;
officer for malversation of public funds, his remedy 2. That he must be an accountable officer for
should be an appeal to the Sandiganbayan, not the public funds or property; and
Court of Appeals. (Balaba v. People, 593 SCRA 210) 3. That he must have unlawfully left (or be on
the point of leaving) the Philippines without
Art. 218. Failure of accountable officer to render securing from the Commission on Audit a
account failure of accountable officer to render certificate showing that his accounts have
account - Any public officer, whether in the service been finally settled.
or separated therefrom by resignation or any
other cause, who is required by law or regulation NOTE: The act of leaving the Philippines must be
to render account to the Insular Auditor,* or to a unauthorized or not permitted by law.
provincial auditor and who fails to do so for a
period of two months after such accounts should Art. 220. Illegal use of public funds or property -
be rendered, shall be punished by prision Any public officer who shall apply any public fund
correccional in its minimum period, or by a fine or property under his administration to any public
ranging from 200 to 6,000 pesos, or both. use other than for which such fund or property
*Now Commissioner on Audit were appropriated by law or ordinance shall suffer
the penalty of prision correccional in its minimum
Elements: period or a fine ranging from one-half to the total
1. That the offender is a public officer, of the sum misapplied, if by reason of such
whether in the service or separated misapplication, any damages or embarrassment
therefrom; shall have resulted to the public service. In either
case, the offender shall also suffer the penalty of such payment, shall be punished by arresto
temporary special disqualification. mayor and a fine from 5 to 25 per cent of the
sum which he failed to pay.
If no damage or embarrassment to the public
service has resulted, the penalty shall be a fine This provision shall apply to any public officer
from 5 to 50 percent of the sum misapplied. who, being ordered by competent authority to
deliver any property in his custody or under his
Elements: administration, shall refuse to make such
1. That the offender is a public officer; delivery.
2. That there is public fund or property under
his administration; The fine shall be graduated in such case by the
3. That such public fund or property has been value of the thing, provided that it shall not
appropriated by law or ordinance (without less than 50 pesos.
this, it is simple malversation); and
4. That he applies the same to a public use Acts punishable:
other than for which such fund or property 1. By failing to make payment by a public
has been appropriated by law or ordinance. officer who is under obligation to make
such payment from Government funds in
 To distinguish this article with Art. 217 his possession
(malversation), in illegal use of public funds 2. By refusing to make delivery by a public
or property, the offender does not derive officer who has been ordered by competent
any personal gain, the funds are merely authority to deliver any property in his
devoted to some other public use. custody or under his administration (must
 Absence of damage is only a mitigating be malicious)
circumstance.
Elements of failure to make payment:
1. That the public officer has government
funds or property in his possession.
2. That he is under obligation to either:
Illegal Use of Funds or Property (Art. 220) a. Make payment from such funds, or
 Offender does not derive any personal b. To deliver property in his custody or
gain or profit. administration when ordered by
 The public fund or property is applied competent authority; and
to another public use. 3. That he maliciously fails or refuses to do so.
Malversation (Art. 217) NOTE: Penalty is based on value of funds/property

 Offender in certain cases profits from the to be delivered.
proceeds of the crime.
 The public fund or property is applied to Art. 222. Officers included in the preceding
personal use. provisions - The provisions of this chapter shall
apply to private individuals who in any capacity
whatever, have charge of any insular,* provincial
Art. 221. Failure to make delivery of public or municipal funds, revenues, or property and to
funds or property - Any public officer under any administrator or depository of funds or
obligation to make payment from Government property attached, seized or deposited by public
funds in his possession, who shall fail to make
authority, even if such property belongs to a

private individual. Elements:
*Now National 1. That the offender is a public officer (on
duty);
Persons liable under Art. 217 to 221: 2. That he is charged with the conveyance or
1. Private individual who, in any capacity, have custody of a prisoner, either detention
charge of any national, provincial or prisoner or prisoner by final judgment;
municipal funds, revenue, or property. 3. That such prisoner escaped from his
Example: a withholding tax agent custody; and
2. Administrator or depositary of funds or 4. That he was in connivance with the prisoner
property that has been attached, seized or in the latter’s escape.
deposited by public authority, even if
owned by a private individual.  DETENTION PRISONER – A person becomes
a detention prisoner from the moment he is
NOTE: booked. This refers to the accomplishment
 Sheriffs and receivers fall under the term of the booking sheet and filling out of a
“administrator” form where he is finger printed. From that
 Judicial administrator not covered by this time on, he is already a detention prisoner
article. (Appointed to administer estate of even if he is not yet incarcerated.
deceased and not in charge of property  The release of a detention prisoner who
attached, impounded or placed in deposit could not be delivered to judicial authorities
by public authority) within the time fixed by law is not infidelity
 Private property is included if it is attached, in the custody of a prisoner. Neither is mere
seized or deposited by public authority. leniency or laxity in the performance of
duty constitutes of infidelity.
Chapter Five: INFIDELITY OF PUBLIC OFFICERS  There is real and actual evasion of service
of sentence when the custodian permits the
Section 1. – Infidelity in the custody of prisoners prisoner to obtain a relaxation of his
imprisonment.
Art. 223. Conniving with or consenting to evasion -
Any public officer who shall consent to the escape Art. 224. Evasion through negligence - If the
of a prisoner in his custody or charge, shall be evasion of the prisoner shall have taken place
punished: through the negligence of the officer charged
with the conveyance or custody of the
1. By prision correccional in its medium and escaping prisoner, said officer shall suffer the
maximum periods and temporary special penalties of arresto mayor in its maximum
disqualification in its maximum period to period to prision correccional in its minimum
perpetual special disqualification, if the fugitive period and temporary special disqualification.
shall have been sentenced by final judgment to
any penalty. Elements:
1. That the offender is a public officer;
2. By prision correccional in its minimum period 2. That he is charged with the conveyance or
and temporary special disqualification, in case the custody of a prisoner, either detention
fugitive shall not have been finally convicted but prisoner or prisoner by final judgment; and
only held as a detention prisoner for any crime or 3. That such prisoner escapes through his
violation of law or municipal ordinance. negligence.
Section 2. – Infidelity of the custody of

NOTE: documents
 The article punishes a definite laxity which
amounts to deliberate non – performance Art. 226. Removal, concealment, or destruction of
of a duty. documents - Any public officer who shall remove,
 The fact that the public officer recaptured destroy or conceal documents or papers officially
the prisoner who had escaped from his entrusted to him, shall suffer:
custody does not afford him complete
exculpation. 1. The penalty of prision mayor and a fine not
 The liability of an escaping prisoner: exceeding 1,000 pesos, whenever serious damage
a. if he is a prisoner by final judgment, he shall have been caused thereby to a third party or
is liable for evasion of service (art. 157) to the public interest.
b. if he is a detention prisoner, he does
not incur criminal liability (unless he 2. The penalty of prision correccional in its
cooperated with the offender). minimum and medium period and a fine not
 The negligent public officer suffers the exceeding 1,000 pesos, whenever the damage to a
same penalty regardless of whether the third party or to the public interest shall not have
prisoner is a convict or merely a detention been serious.
prisoner.
In either case, the additional penalty of temporary
Art. 225. Escape of prisoner under the custody of a special disqualification in its maximum period to
person not a public officer - Any private person to perpetual disqualification shall be imposed.
whom the conveyance or custody or a prisoner or
person under arrest shall have been confided, who Elements of infidelity in custody of documents:
shall commit any of the offenses mentioned in the 1. That the offender be a public officer;
two preceding articles, shall suffer the penalty 2. That he abstracts, destroys or conceals a
next lower in degree than that prescribed for the document or papers;
public officer. 3. That the said document or paper should
have been entrusted to such public officer
Elements: by reason of his office; and
1. That the offender is a private person; 4. That damage, whether serious or not, to a
2. That the conveyance or custody of a third party or to the public interest should
prisoner or person under arrest is confided have been caused.
to him; (He has custody)
3. That the prisoner or person under arrest NOTE:
escapes; and  The document must be complete and one
4. That the offender consents to the escape of by which a right could be established or an
the prisoner or person under arrest, or that obligation could be extinguished.
the escape takes place through his  “Papers” would include checks, promissory
negligence. notes and paper money.
 A post office official who retained the mail
NOTE: This article is not applicable if a private without forwarding the letters to their
person made the arrest and he consented to the destination is guilty of infidelity in the
escape of the person he arrested. custody or paper must be for an illicit
purpose. There is illicit purpose when the
intention of the offender is to:
a. Tamper with it, mayor, temporary special disqualification and a

b. To profit by it , or fine of not exceeding 2,000 pesos.
c. To commit any act constituting a breach
of trust in the official care thereof. Elements:
 Removal is consummated upon removal or 1. That the offender is a public officer;
secreting away of the document from its 2. That any closed papers, documents, or
usual place. It is immaterial whether or not objects are entrusted to his custody;
the illicit purpose of the offender has been 3. That he opens or permits to be opened said
accomplished. closed papers, documents or objects; and
 Infidelity in the custody of documents 4. That he does not have proper authority.
through destruction or concealment does
not require proof of an illicit purpose. NOTE: Damage is not necessary.
 Delivering the document to the wrong party
is infidelity in the custody thereof. Section 3. – Revelation of secrets
Art. 227. Officer breaking seal - Any public officer Art. 229. Revelation of secrets by an officer - Any
charged with the custody of papers or property public officer who shall reveal any secret known to
sealed by proper authority, who shall break the him by reason of his official capacity, or shall
seals or permit them to be broken, shall suffer the wrongfully deliver papers or copies of papers of
penalties of prision correccional in its minimum which he may have charge and which should not
and medium periods, temporary special be published, shall suffer the penalties of prision
disqualification and a fine not exceeding correccional in its medium and maximum periods,
2,000 pesos. perpetual special disqualification and a fine not
exceeding 2,000 pesos if the revelation of such
Elements: secrets or the delivery of such papers shall have
1. That the offender is a public officer; caused serious damage to the public interest;
2. That he is charged with the custody of otherwise, the penalties of prision correccional in
papers or property; its minimum period, temporary special
3. That these papers or property are sealed by disqualification and a fine not exceeding 500 pesos
proper authority; and shall be imposed.
4. That he breaks the seals or permits them to
be broken. Elements of par. 1 (secrets known by reason of his
official capacity):
 It is the breaking of the seals and not the 1. That the offender is a public officer;
opening of a closed envelope which is 2. That he knows of a secret by reason of his
punished. official capacity;
 Damage or intent to cause damage is not 3. That he reveals such secret without
necessary; damage is presumed. authority or justifiable reasons; and
4. That damage, great or small, be caused to
Art. 228. Opening of closed documents - Any public the public interest.
officer not included in the provisions of the next  Secret must affect public interest not
preceding article who, without proper authority, secrets of a private individual.
shall open or shall permit to be opened any closed  Espionage for the benefit of another
papers, documents or objects entrusted to his State is not contemplated by the article.
custody, shall suffer the penalties or arresto If regarding military secrets or secrets
affecting state security, the crime may  If the offender is an attorney, he is properly
be espionage. liable under Art. 209 (betrayal of trust by an
attorney).
Elements of par. 2 (wrongfully delivering papers or  Damage to private individual is not
copies of papers of which he may have charge and necessary.
which should not be published):
1. That the offender is a public officer; Chapter Six: OTHER OFFENSES OR IRREGULARITIES
2. That he has charge of papers; BY PUBLIC OFFICERS
3. That those papers should not be published;
4. That he delivers those papers or copies Section 1. – Disobedience, refusal of assistance,
thereof to a third person; and maltreatment of prisoners
5. That the delivery is wrongful; and
6. That damage be caused to public interest Art.231. Open disobedience - Any judicial or
executive officer who shall openly refuse to
NOTE: execute the judgment, decision or order of any
 Charge means custody or control. If he is superior authority made within the scope of the
merely entrusted with the papers and not jurisdiction of the latter and issued with all the
with the custody thereof, he is not liable legal formalities, shall suffer the penalties of
under this article. arresto mayor in its medium period to prision
 if the papers contain secrets which should correccional in its minimum period, temporary
not be published, and the public officer special disqualification in its maximum period and
having charge thereof removes and delivers a fine not exceeding 1,000 pesos.
them wrongfully to a third person, the
crime is revelation of secrets. On the other Elements:
hand, if the papers do not contain secrets, 1. That the offender is a judicial or executive
their removal for an illicit purpose is officer;
infidelity in the custody of documents. 2. That there is a judgement, decision or
 Damage is essential to the act committed. order of superior authority;
3. That such judgment, decision or order was
Art. 230. Public officer revealing secrets of private made within the scope of the jurisdiction
individual - Any public officer to whom the secrets of the superior authority and issued with all
of any private individual shall become known by the legal formalities; and
reason of his 4. That the offender without any legal
office who shall reveal such secrets, shall suffer justification openly refuses to execute the
the penalties of arresto mayor and a fine not said judgment, decision or under which he
exceeding 1,000 pesos. is duty bound to obey.
Elements: Art. 232. Disobedience to order of superior officer;

1. That the offender is a public officer; when said order was suspended by inferior officer -
2. That he knows of the secret of a private Any public officer who, having for any reason
individual by reason of his office; and suspended the execution of the orders of his
3. That he reveals such secrets without superiors, shall disobey such superiors after the
authority or justifiable reason. latter have disapproved the suspension, shall
suffer the penalties of prision correccional in its
NOTE: minimum and medium periods and perpetual
 Revelation to one person is sufficient. special disqualification.
Art. 234. Refusal to discharge elective office - The

Elements: penalty of arresto mayor or a fine not exceeding
1. That the offender is a public officer; 1,000 pesos, or both, shall be imposed upon any
2. That an order is issued by his superior for person who, having been elected by popular
execution of such order; election to a public office, shall refuse without
3. That he has for any reson suspended the legal motive to be sworn in or to discharge the
execution of such order; duties of said office.
4. That his superior disapproves the
suspension of execution of the order; and Elements:
5. That the offender disobeys his superior 1. That the offender is elected by popular
despite the disapproval of the suspension. election to a public office;
2. That he refuses to be sworn in or discharge
NOTE: A public officer is not liable if the order of the duties of said office;
the superior is illegal 3. That there is no legal motive for such
refusal to be sworn in or to discharge the
Art. 233. Refusal of assistance - The penalties of duties of the office.
arresto mayor in its medium period to prision  If the elected person is disqualified, his
correccional in its minimum period, perpetual refusal to be sworn in or to discharge
special disqualification and a fine not exceeding the duties of the office is justified.
1,000 pesos, shall be imposed upon a public officer  Refusal to discharge the duties of an
who, upon demand from competent authority, appointive office is not covered by this
shall fail to lend his cooperation towards the article.
administration of justice or other public service, if
such failure shall result in serious damage to the Art. 235. Maltreatment of prisoners - The penalty
public interest, or to a third party; otherwise, of prision correccional in its medium period to
arresto mayor in its medium and maximum prision mayor in its minimum period, in addition to
periods and a fine not exceeding 500 pesos shall his liability for the physical injuries or damage
be caused, shall be imposed upon any public officer or
imposed. employee who shall overdo himself in the
correction or handling of a prisoner or detention
Elements: prisoner under his charge, by the imposition of
1. That the offender is a public officer; punishment not authorized by the regulations, or
2. That a competent authority demands from by inflicting such punishment in a cruel and
the offender that he lend his cooperation humiliating manner.
towards the administration of justice or
other public service; and If the purpose of the maltreatment is to extort a
3. That the offender fails to do so maliciously. confession, or to obtain some information from
the prisoner, the offender shall be punished by
 This felony involves a request from one prision mayor in its minimum period, temporary
public officer to another. special disqualification and a fine not exceeding six
 Damage to the public interest or third thousand pesos (P6,000), in addition to his liability
party is essential. for the physical injuries or damage caused. (As
 Demand is necessary. amended by E.O. No. 62, Nov. 7, 1986)
 Demand must be from competent
authority. Elements:
1. That the offender is a public officer or from such office or employment until he shall have
employee; complied with the respective formalities and shall
2. That he has charge of a prisoner or be fined from 200 to 500 pesos.
detention prisoner (otherwise the crime is
physical injuries); and Elements:
3. That he maltreats such prisoner in either of 1. That the offender is entitled to hold a
the following manners: public office or employment, either by
a. By overdoing himself in the correction election or appointment;
or handling of a prisoner or detention 2. That the law requires that he should first be
prisoner under his charge either – sworn in and/or should first give a bond;
i. by the imposition of punishments not 3. That he assumes the performance of the
authorized by the regulations, or duties and powers of such office; and
ii. by inflicting such punishments (those 4. That he has not taken his oath of office
authorized) in a cruel and humiliating and/or given the bond required by law.
manner, or
b. By maltreating such prisoner to extort a Art. 237. Prolonging performance of duties and
confession or to obtain some powers - Any public officer shall continue to
information from the prisoner. exercise the duties and powers of his office,
employment or commission, beyond the period
NOTE: provided by law, regulation or special provisions
 The public officer must have actual charge applicable to the case, shall suffer the penalties of
of the prisoner in order to be held liable prision correccional in its minimum period, special
(not merely by legal fiction). temporary disqualification in its minimum period
 Offended party must be a: a) convict by and a fine not exceeding 500 pesos.
final judgment, or b) detention prisoner.
 Maltreatment should not be due to Elements:
personal grudge, otherwise, liable for 1. That the offender is holding a public office;
physical injuries only. 2. That the period provided by law,
 Offender may also be held liable for regulations or special provisions for holding
physical injuries or damage caused. (Penalty such office has already expired; and
provided in Article 235 is imposed in 3. That he continues to exercise the duties
addition to penalty for injury or damage and power of such office.
caused)
NOTE: Officers contemplated: those who have been
Section 2. – Anticipation, prolongation and suspended, separated, declared over – aged or
abandonment of the duties and powers of public dismissed.
office
Art. 238. Abandonment of office or position - Any
Art. 236. Anticipation of duties of a public office - public officer who, before the acceptance of his
Any person who shall assume the performance of resignation, shall abandon his office to the
the duties and powers of any public officer or detriment of the public service shall suffer the
employment without first being sworn in or having penalty of arresto mayor.
given the bond required by law, shall be
suspended If such office shall have been abandoned in order
to evade the discharge of the duties of preventing,
prosecuting or punishing any of the crime falling
within Title One, and Chapter One of Title Three of upon any public officer who shall encroach upon
Book Two of this Code, the offender shall be the powers of the legislative branch of the
punished by prision correccional in its minimum Government, either by making general rules or
and medium periods, and by arresto mayor if the regulations beyond the scope of his authority, or
purpose of such abandonment is to evade the duty by attempting to repeal a law or suspending the
of preventing, prosecuting or punishing any other execution thereof.
crime.
Elements:
Elements: 1. That the offender is an executive or judicial
1. That the offender is a public officer; officer; and
2. That he formally resigns from his position; 2. That he (a) makes general rules or
3. That his resignation has not yet been regulations beyond the scope of his
accepted; and authority or (b) attempts to repeal a law or
4. That he abandons his office to the (c) suspends the execution thereof.
detriment of the public service.
Art. 240. Usurpation of executive functions - Any
 There must be formal or written judge who shall assume any power pertaining to
resignation. the executive authorities, or shall obstruct the
 The offense is qualified if the purpose latter in the lawful exercise of their powers, shall
behind the abandonment is to evade the suffer the penalty of arresto mayor in its medium
discharge of duties consisting of preventing, period to prision correccional in its minimum
prosecuting or punishing any of the crimes period.
against national security (e.g. treason, Elements:
espionage), in which case, the penalty is 1. That the offender is a judge; and
higher. 2. That he (a) assumes a power pertaining to
the executive authorities, or (b) obstructs
Abandonment of Office or Position (Art. 238) executive authorities in the lawful exercise
 Committed by any public officer. of their powers.
 There is actual abandonment through
resignation to evade the discharge of NOTE: Legislative officers are not liable for
duties. usurpation of executive functions
Dereliction of Duty (Art. 208) Art. 241. Usurpation of judicial functions - The
 Committed by public officers who have the penalty of arresto mayor in its medium period to
duty to institute prosecution. prision correccional in its minimum period and
 Public officer does not abandon his office shall be imposed upon any officer of the executive
but merely fails to prosecute a violation of branch of the Government who shall assume
the law. judicial powers or shall obstruct the execution of
any order or decision rendered by any judge within
Section 3. – Usurpation of powers and unlawful its jurisdiction.
appointments
Elements:
Art. 239. Usurpation of legislative powers - The 1. That the offender is an officer of the
penalties of prision correccional in its minimum executive branch of the government; and
period, temporary special disqualification and a 2. That he (a) assumes judicial powers, or (b)
fine not exceeding 1,000 pesos, shall be imposed obstructs the execution of any order or
decision rendered by any judge within his arresto mayor and a fine not exceeding 1,000
jurisdiction. pesos.
Art. 242. Disobeying request for disqualification - Elements:

Any public officer who, before the question of 1. That the offender is a public officer;
jurisdiction is decided, shall continue any 2. That he nominates or appoints a person to
proceeding after having been lawfully required to a public office;
refrain from so doing, shall be punished by arresto 3. That such person lacks the legal
mayor and a fine not exceeding 500 pesos. qualification therefor; and
4. That the offender knows that his nominee
Elements: or appointee lacks the qualification at the
1. That the offender is a public officer; time he made the nomination or
2. That a proceeding is pending before such appointment.
public officer;
3. That there is a question brought before the NOTE:
proper authority regarding his jurisdiction,  Mere recommending even if with
which is not yet decided; knowledge that the person recommended
4. That he has been lawfully required to is not qualified is not a crime. He must
refrain from continuing the proceeding; and nominate.
5. That he continues the proceeding.  There must be a law providing for the
qualifications of a person to be nominated
Art. 243. Addressing orders or requests by or appointed to a public office.
executive officer to any judicial authority - Any
executive officer who shall address any order or Section 4. Abuses against chastity
suggestion to any judicial authority with respect to
any case or business coming within the exclusive Art. 245. Abuses against chastity - The penalties of
jurisdiction of the courts of justice shall suffer the prision correccional in its medium and maximum
penalty of arresto mayor and a fine not exceeding periods and temporary special disqualification
500 pesos. shall be imposed:
Elements: 1. Upon any public officer who shall solicit or make

1. That the offender is an executive officer; immoral or indecent advances to a woman
2. That he addresses any order or suggestion interested in matters pending before such officer
to any judicial authority; and for decision, or with respect to which he is
3. That the order or suggestion relates to any required to submit a report to or consult with a
case or business coming within the superior officer;
exclusive jurisdiction of the courts of
justice. 2. Any warden or other public officer directly
charged with the care and custody of prisoners or
NOTE: Legislative or judicial officers are not liable persons under arrest who shall solicit or make
under this article. immoral or indecent advances to a woman under
his custody.
Art. 244. Unlawful appointments - Any public
officer who shall knowingly nominate or appoint If the person solicited be the wife, daughter, sister
to any public office any person lacking the legal of relative within the same degree by affinity of
qualifications therefor, shall suffer the penalty of any person in the custody of such warden or
officer, the penalties shall be prision correccional  The crime is consummated by mere
in its minimum and medium periods and proposal.
temporary special disqualification.  Proof of solicitation is not necessary when
there is sexual intercourse.
Ways of committing abuses against chastity:
1. By soliciting or making immoral or indecent 8. CRIMES AGAINST PERSONS
advances to a woman interested in matters
pending before the offending officer for Chapter One: DESTRUCTION OF LIFE
decision, or with respect to which he is
required to submit a report to or consult Section 1. – Parricide, murder, homicide
with a superior officer;
2. By soliciting or making immoral or indecent Art. 246. Parricide - Any person who shall kill his
advances to a woman under the offender’s father, mother, or child, whether legitimate or
custody; illegitimate, or any of his ascendants, or
3. By soliciting or making immoral or indecent descendants, or his spouse, shall be guilty of
advances to the wife, daughter, sister, or parricide and shall be punished by the penalty of
relative within the same degree by affinity reclusion perpetua to death.*
of any person in custody of the offending (As amended by R.A. No. 7659)
warden or officer. *Only reclusion perpetua may be impose under
R.A. 9346
Elements:
1. That the offender is a public officer; Elements:
2. That he solicits or makes immoral or 1. That a person is killed;
indecent advances to a woman; and 2. That the deceased is killed by the accused;
3. That such a woman must be – 3. That the deceased is the
a. Interested in matters pending before a. Father, mother, or
the offender for decision, or with b. Child, whether legitimate or
respect to which he is required to illegitimate, or
submit a report to or consult with a c. Legitimate other ascendant or other
superior officer, or descendant. Or
b. Under the custody of the offender who d. Legitimate spouse of the accused.
is a warden or other public officer
directly charged with care and custody The elements of the crime of parricide are: (1) a
of prisoners or person under arrest, or person is killed; (2) the deceased is killed by the
c. The wife, daughter, sister or relative accused; and (3) the deceased is the father, mother,
within the same degree by affinity of child, whether legitimate or illegitimate, of the
the person in the custody of the accused or any of his ascendants or descendants, or
offender. his spouse. (People v. Garchitorena, 587 SCRA 847)
NOTE: NOTE:
 The mother of the person in the custody of  The relationship of the offender with the
the public officer is not included. victim is the essential element of parricide.
 To solicit means to propose earnestly and  Parents and children are not included in the
persistently something unchaste and term “ascendants” or “descendants”.
immoral to a woman.  The other ascendant or descendant must be
legitimate. On the other hand, the father,
mother or child may be legitimate or physical injury in the act or immediately

illegitimate. thereafter; and
 The child should not be less than 3 days old. 3. He has not promoted or facilitated the
Otherwise, the offense is infanticide. prostitution of his wife or daughter, or that
 Relationship must be alleged and proved. he has not consented to the infidelity of the
 A stranger who cooperates in committing other spouse.
parricide is liable for murder or homicide.
 Even if the offender did not know that the
person he had killed is his son, he is still
liable for parricide because the law does THE PARENT NEED NOT BE LEGITIMATE FOR
not require knowledge of the relationship. THE APPLICATION OF THE ARTICLE
It is not necessary that the parent be legitimate
Art. 247. Death or physical injuries under for the application of this article.
exceptional circumstances - Any legally
married person who having surprised his APPLIES ONLY WHEN THE DAUGHTER IS
spouse in the act of committing sexual SINGLE
intercourse with another person, shall kill any This article applies only when the daughter is
of them or both of them in the act or single.
immediately thereafter, or shall inflict upon
them any serious physical injury, shall suffer
the penalty of destierro. SURPRISE, DEFINED
Surprise means to come upon suddenly or
If he shall inflict upon them physical injuries of unexpectedly.
any other kind, he shall be exempt from
punishment. IT IS SUFFICIENT THAT CIRCUMSTANCES SHOW
THAT CARNAL ACT IS BEING COMMITTED OR
These rules shall be applicable, under the same HAS BEEN COMMITTED.
circumstances, to parents with respect to their Art. 247 is applicable even when the accused
daughters under eighteen years of age, and did not see his spouse in the act of sexual
their seducer, while the daughters are living intercourse with another person. It is enough
with their parents. that circumstances reasonably show that the
carnal act is being committed or has been
Any person who shall promote or facilitate the committed.
prostitution of his wife or daughter, or shall
otherwise have consented to the infidelity of DOES NOT INCLUDE PREPARATORY ACTS
the other spouse shall not be entitled to the Sexual intercourse does not include preparatory
benefits of this article. acts.
Elements: “IMMEDIATELY THEREAFTER”, DEFINED

1. A legally married person or parent surprises “Immediately thereafter” means that the
his spouse or daughter (the latter must be discovery, escape, pursuit and the killing must
under 18 and living with them) in the act of all form parts of one continuous act.
committing sexual intercourse with another Immediately thereafter – may be an hour after:
person; proximate result of outrage overwhelming
2. He/she kills any or both of them or inflicts accused after chancing upon spouse in basest
upon any or both of them any serious act of infidelity.
of means or persons to insure or afford

MUST BE A BYPRODUCT OF RAGE impunity.
The killing must be the direct by-product of the
rage of the accused. 2. In consideration of a price, reward, or
promise.
NO CRIMINAL LIABILITY IS INCURRED UNDER
ART. 247 BECAUSE THERE IS NO FELONY 3. By means of inundation, fire, poison,
No criminal liability is incurred when less explosion, shipwreck, stranding of a vessel,
serious or slight physical injuries are inflicted. derailment or assault upon a street car or
Moreover, in case third persons caught in the locomotive, fall of an airship, by means of
crossfire suffer physical injuries, the accused is motor vehicles, or with the use of any other
not liable for physical injuries. The principle that means involving great waste and ruin.
one is liable for the consequences of his
felonious act is not applicable, because his act 4. On occasion of any of the calamities
under Art. 247 does not amount to a felony. enumerated in the preceding paragraph, or of
an earthquake, eruption of a volcano,
APPELLANT WAIVES HIS RIGHT TO BE destructive cyclone, epidemic or other public
PRESUMED INNOCENT calamity.
By invoking this defense, appellant waives his
right to the constitutional presumption of 5. With evident premeditation.
innocence and bears the burden of proving the
following: 6. With cruelty, by deliberately and inhumanly
“1. That a legally married person (or a parent) augmenting the suffering of the victim, or
surprises his spouse (or his daughter, under 18 outraging or scoffing at his person or corpse.
years of age and living with him), in the act of *Only reclusion perpetua may be impose under
committing sexual intercourse with another R.A. 9346
person.
“2. That he or she skills any or both of them or
inflicts upon any or both of them any serious Elements:
physical injury in the act or immediately 1. That a person was killed;
thereafter. 2. That the accused killed him;
“3. That he has not promoted or facilitated the 3. That the killing was attended by any of the
prostitution of his wife (or daughter) or that he following qualifying circumstances:
or she has not consented to the infidelity of the a. With treachery, taking advantage of
other spouse.” (People v. Puedan (2002)) superior strength, with the aid of armed
men, or employing means to weaken
Art. 248. Murder - Any person who, not falling the defense or of means or persons to
within the provisions of Article 246 shall kill insure or afford impunity,
another, shall be guilty of murder and shall be b. In consideration of price, reward or
punished by reclusion perpetua to death** if promise,
committed with any of the following attendant c. By means of inundation, fire, poison,
circumstances: explosion, shipwreck, stranding of a
1. With treachery, taking advantage of vessel, derailment or assault upon a
superior strength, with the aid of armed men, street car or locomotive, fall of airship,
or employing means to weaken the defense or by means of motor vehicles or with the
use of any other means involving great  The victim must be killed in order to
waste or ruin, consummate the offense. Otherwise, it
d. On occasion of any of the calamities would be attempted or frustrated murder.
enumerated in the preceding  That murder will exist with only one of the
paragraph, or of an earthquake, circumstances described in Article 248.
eruption of a volcano, destructive When more than one of said circumstances
cyclone, epidemic or any other public are present, the others must be considered
calamity, as generic aggravating.
e. With evident premeditation, or  That when the other circumstances are
f. With cruelty, by deliberately and absorbed or included in one qualifying
inhumanely augmenting the suffering of circumstance, they cannot be considered as
the victim or outraging or scoffing at his generic aggravating.
person or corpse; and  Any of the qualifying circumstances must be
4. The killing is not parricide or infanticide. alleged in the information. Otherwise, they
will only be considered as generic
MURDER; CIVIL LIABILITIES OF OFFENDER aggravating circumstances.
The Court of Appeals also correctly awarded the  Treachery and premeditation are inherent
amounts of P50, 000.00 as civil indemnity and other in murder with the use of poison.
P50, 000.00 as moral damages in line with recent  A sudden and unexpected attack under
jurisprudence. Civil indemnity is mandatory and is circumstances which render the victim
granted to the heirs of the victim without need of unable to defend himself by reason of the
proof other than the commission of the crime. suddenness and severity of the attack
Moral damages on the other hand are awarded in a constitutes alevosia. (People v. Santos
criminal offense resulting in physical injuries, (2004)).
including death.  Dismemberment of a dead body is one
Under Art. 2206 of the Civil Code, the heirs of the manner of outraging or scoffing at the
victim are also entitled to indemnity for loss of corpse of the victim. (People v. Guillermo
earning capacity. To be entitled exception, (2004)).
testimonial evidence would suffice: (1) if the victim  The barefaced fact that Daniel Sumaylo
was self – employed, earning less than the pleaded guilty to the felony of homicide is
minimum wage under current labor laws and not a bar to the appellant being found guilty
judicial notice may be taken of the fact that in the of murder as a principal. It bears stressing
victim’s line of work, no documentary evidence is that Sumaylo plea – bargained on his re –
available; or (2) if the victim was employed as a arraignment. Even if the public prosecutor
daily wage worker earning less than the minimum and the father of the victim agreed to
age under current labor laws. Sumaylo’s plea, the State is not barred from
In this case, the victim’s widow testified that her prosecuting the appellant for murder on the
husband manages the small business of his parents basis of its evidence, independently of
of supplying Baguio’s native products, for which he Sumaylo’s plea of guilt. (People v. Montanez
earns a monthly income of P10, 000.00. Thus, the (2004)).
award of P2, 040, 000.00 representing lost earnings  It should be emphasized that the testimony
is proper. (People v. Barlaan, G.R. No. 177746, of a single eyewitness, if positive and
August 31, 2007) credible, is sufficient to support a convction
even in a charge of murder. (People v. Dela
NOTE: Pena, Jr., 576 SCRA 371; People v.
Sameniano, 576 SCA 840; People v. name of the assailant. (People v. Amodia,
Satonero, 602 SCRA 769) 584 SCRA 518)
 The accused who invokes self – defense  Failure to present the murder weapon does
admits having killed the victim and the not exculpate the accused from any
burden of evidence is shifted on him to criminal liability.
prove, with clear and convincing evidence, The legal aphorism is that the findings of
the confluence of the essential elements of facts of the trial court, its calibration of the
self – defense. (Herrera v. Sandiganbayan, testimonial evidence, its assessment of the
579 SCRA 32; People v. Mara, 587 SCRA probative weight thereof as well as its
839) conclusions anchored on the said findings
 In order to consider the defense of are accorded high respect if not conclusive
fulfilment of a duty, it must be shown that: effect by the appellate courts; The rule finds
(1) the accused acted in the performance of an even more stringent application where
a duty or in the lawful exercise of a right or the said findings are sustained by the Court
office; and (2) the injury caused or the of Appeals. (People v. Perez, 594 SCRA 701)
offense committed is the necessary  Even if the appropriate penalty, in view,
consequence of the due performance of however, of the passage of Republic Act No.
duty or the lawful exercise of a right or 9346 which prohibits the imposition of the
office. Id. death penalty, reclusion perpetua without
 Frontal act can be treacherous when it is eligibility for parole should instead be
sudden and unexpected and the victim is imposed. (People v. Garchitorena, 597 SCRA
unarmed – what is decisive is that the 420)
execution of the attack made it impossible  Civil indemnity is mandatory in murder
for the victim to defend himself/herself or without need of proof. (People v. Lusabio,
to retaliate. Id; People v. Lacaden, 605 SCRA Jr., 604 SCRA 800)
784)  The setteled rule is that where the wound
 When death occurs due to a crime, the inflicted on the victim is not sufficient to
following damages may be awarded: (1) cause his death, the crime is only
civil indemnity ex delicto for the death of attempted murder, since the accused did
the victim; (2) actual or compensatory not perform all the acts of execution that
damages; (3) moral damages; (4) exemplary would have brought about death. (People v.
damages; and (5) temperate damages; In Lacaden, 605 SCRA 784)
cases of murder and homicide, moral
damages may be awarded without need of Art. 249. Homicide - Any person who, not falling
allegation and proof of the emotional within the provisions of Article 246, shall kill
suffering of the heirs, other than the death another without the attendance of any of the
of the victim, since the emotional wounds circumstances enumerated in the next preceding
from the vicious killing of thee victims article, shall be deemed guilty of homicide and be
cannot be denied. (Id.; People v. Gidoc, 596 punished by reclusion temporal.
SCRA 825)
 The killing by an adult of a minor child is Elements:
treacherous. (People v. domingo, 580 SCRA 1. That a person was killed;
436) 2. That the accused killed him without any
 Positive identification pertains essentially to justifying circumstances;
proof of identity and not necessarily to the 3. That the accused had the intention to kill,
which is presumed; and
4. That the killing was not attended by any of kill is required only in attempted or
the qualifying circumstances of murder, or frustrated homicide.
by that of parricide or infanticide.  There is no crime of frustrated homicide
through negligence/imprudence.
 When the wounds that caused death were
ELEMENTS OF HOMICIDE inflicted by 2 different persons, even if they
Elements of homicide are as follows: 1) a person were not in conspiracy, each one of them is
was killed; and 2) the accused killed him without guilty of homicide.
any justifying circumstance; 3) the accused had the  In all crimes against persons in which the
intention to kill, which is presumed; and 4) the death of the victim is an element, there
killing was not attended by any of the qualifying must be satisfactory evidence of (1) the fact
circumstances of murder, or by that of parricide or of death and (2) the identity of the victim.
infanticide. (Yadao v. People, G.R. No. 150 917,  Penalty shall be one degree higher than
Sept. 27, 2006) that imposed by law when the victim is
under 12 years of age.
INTENT TO KILL; HOW PROVED  Corpus delicti – actual commission of crime
Intent to kill may be proved by evidence of: (a) charged.
motive; (b) the nature or number of weapons used  The qualifying circumstance of treachery
in the commission of the crime; (c) the nature and was not sufficiently established by the
number of wounds inflicted on the victim; (d) the prosecution. The prosecution witness did
manner the crime was committed; and (e) words not see the actual stabbing of the victim.
uttered by the offender at the time the injuries Therefore, there is no way of determining
were inflicted by him on the victim. (Epifanio v. on how the attack was initiated. In the
People, G.R.. No. 157057, June 26, 2009) same way that no testimony would prove
that the appellant contemplated upon the
HOMICIDE; POSITIVE IDENTIFICATION OF THE mode to insure the killing. The crime
ACCUSED committed by appellant is homicide.
There is nothing in law or jurisprudence which (People v. Dela Cruz (2003))
requires, as a condition sine qua non, that, for a  No error was committed by trial court in
positive identification of a felon by a prosecution characterizing the felonious assault as
witness to be good, the witness must first know the frustrated homicide and convicting
former personally. The witness need not have to appellant therefore. The appellant acted
know the name of the accused for so long as he with intent to kill in firing the gun at Miguel.
recognizes his face. We ruled that “knowing the Usually, the intent to kill is shown by the
identity of an accused is different from knowing his kind of weapon used by the offender and
name. Hence, the positive identification of the the parts of the victim’s body at which the
malefactor should not be disregarded just because weapon was aimed, as shown by the
his name was supplied to the eyewitness. The wounds inflicted. (Gorospe v. People (2004))
weight of the eyewitness account is premised on  An accused may be convicted of slight, less
the fact that the said witness saw the accused serious or serious physical injuries in a
commit the crime and not because he knew his prosecution for homicide or murder,
name. inasmuch as the infliction of physical
injuries could lead to any of the latter
NOTE: offenses when carried to its utmost degree
 Intent to kill is conclusively presumed when despite the fact that an essential requisite
death resulted. Hence, evidence of intent to of the crime of homicide or murder – intent
to kill – I not required in a prosecution for such person or persons shall be punished by
physical injuries. (Aradillos v. CA (2004)). prision mayor.
 While intent to kill may be presumed from
the fact of the death of the victim, this If it cannot be determined who inflicted the
mitigating factor may still be considered serious physical injuries on the deceased, the
when the attendant facts and penalty of prision correccional in its medium and
circumstances so warrant. maximum periods shall be imposed upon all those
In the absence of any circumstance which who shall have used violence upon the person of
would qualify the victim’s killing to murder, the victim.
we hold that the appellant should be held
liable only for the crime of homicide. Elements:
(People v. Algarme, 578 SCRA 601) 1. That there be several persons;
2. That they did not compose groups
Art. 250. Penalty for frustrated parricide, murder organized for the common purpose of
or homicide - The courts, in view of the facts of the assaulting and attacking each other
case, may impose upon the person guilty of the reciprocally;
frustrated crime of parricide, murder or homicide, 3. That these several persons quarrelled and
defined and penalized in the preceding articles, a assaulted one another in a confused and
penalty lower by one degree than that which tumultuous manner;
should be imposed under the provision 4. That someone was killed in the course of
of Article 50. the affray;
5. That it cannot be ascertained who actually
The courts, considering the facts of the case, may killed the deceased; and
likewise reduce by one degree the penalty which 6. That the person or persons who inflicted
under Article 51 should be imposed for an attempt serious physical injuries or who used
to commit any of such crimes. violence can be identified.
 Courts may impose a penalty two degrees  TUMULTOUS AFFRAY exists when at
lower for frustrated parricide, murder or least 4 persons take part in it.
homicide.  When there are 2 identified groups of
 Courts may impose a penalty three degrees men who assaulted each other, there is
lower for attempted parricide, murder or no tumultuous affray.
homicide.  The person killed need not be a
 An attempt on, or a conspiracy against, the participant in the affray.
life of the Chief Executive, etc., is  Those who used violence are liable for
punishable by death. death caused in a tumultuous affray
only if it cannot be determined who
Art. 251. Death in a tumultuous affray - When, inflicted the serious physical injuries on
while several persons, not composing groups the deceased.
organized for the common purpose of assaulting  “Tumultous” in Article 153 – more than
and attacking each other reciprocally, quarrel and three persons who are armed or
assault each other in a confused and tumultuous provided with means of violence.
manner, and in the course of the affray someone is
killed, and it cannot be ascertained who actually Persons liable:
killed the deceased, but the person or persons who 1. Person/s who inflicted serious physical
inflicted serious physical injuries can be identified, injuries
2. If it is not known who inflicted serious suffer the penalty of prision mayor; if such person
physical injuries on the deceased, all leads his assistance to another to the extent of
persons who used violence upon the victim. doing the killing himself, he shall suffer the penalty
of reclusion temporal.
Art. 252. Physical injuries inflicted in a tumultuous
affray - When in a tumultuous affray as referred to However, if the suicide is not consummated, the
in the preceding article, only serious physical penalty of arresto mayor in its medium and
injuries are inflicted upon the participants thereof maximum periods, shall be imposed.
and the person responsible thereof cannot be
identified, all those who appear to have used
violence upon the person of the offended party Acts punishable:
shall suffer the penalty next lower in degree than 1. Assisting another to commit suicide,
that provided for the physical injuries so inflicted. whether the suicide is consummated or not.
When the physical injuries inflicted are of a less 2. Lending his assistance to another to commit
serious nature and the person responsible therefor suicide to the extent of doing the killing
cannot be identified, all those who appear to have himself.
used any violence upon the person of the offended
party shall be punished by arresto mayor from five NOTE:
to fifteen days.  A person who attempts to commit suicide is
not criminally liable.
Elements:  A pregnant woman who tried to commit
1. That there is a tumultuous affray as suicide by means of poison but instead of
referred to in the preceding article; dying, the fetus in her womb was expelled,
2. That a participant or some participants is not liable for abortion.
thereof suffer serious physical injuries or  Assistance to suicide is different from mercy
physical injuries of a less serious nature – killing. Euthanasia or mercy – killing is the
only; practice of painlessly putting to death a
3. That the person responsible therefor person suffering from some incurable
cannot be identified; and decease. In this case, the person does not
4. That all those who appear to have used want to die. A doctor who resorts to
violence upon the person of the offended euthanasia may be held liable for murder.
party are known.  Penalty is mitigated if suicide is not
successful.
NOTE:
1. Persons liable: All those who have used Art, 254. Discharge of firearms - Any person who
violence on the person of the offended shall shoot at another with any firearm shall suffer
party. the penalty of prision correccional in its minimum
2. Injured party must be a participant of the and medium periods, unless the facts of the case
tumultuous affray. are such that the act can be held to constitute
3. If the one who caused physical injuries are frustrated or attempted parricide, murder,
known, he will be liable for physical injuries homicide or any other crime for which a higher
actually committed. penalty is prescribed by any of the articles of this
4. Slight physical injuries are not included. Code.
Art. 253. Giving assistance to suicide - Any person Elements:

who shall assist another to commit suicide shall
1. That the offender discharges a firearm entitled to a lesser penalty because she has
against or at another person; and no honor to protect.
2. That the offender has no intention to kill 5. There is no infanticide when the child was
that person. born dead, or although born alive it could
not sustain an independent life when it was
Section 2- Infanticide and Abortion killed.
Article 255.Infanticide. - The penalty provided for Article 256. Intentional abortion. - Any person who
parricide in Article 246 and for murder in Article shall intentionally cause an abortion shall suffer:
248 shall be imposed upon any person who shall 1. The penalty of reclusion temporal, if he shall use
kill any child less than three days of age. any violence upon the person of the pregnant
woman.
If the crime penalized in this article be committed 2. The penalty of prision mayor if, without using
by the mother of the child for the purpose of violence, he shall act without the consent of the
concealing her dishonor, she shall suffer the woman.
penalty of prision correccional in its medium and 3. The penalty of prision correccional in its medium
maximum periods, and if said crime be committed and maximum periods, if the woman shall have
for the same purpose by the maternal consented.
grandparents or either of them, the penalty shall
be reclusion temporal. Elements:
1. that there is a pregnant woman;
2. that violence is exerted, or drugs or
Elements: beverages administered, or that the
1. that the child was killed; accused otherwise acts upon such pregnant
2. that the deceased was less than three days woman;
(72 hours) of age; and 3. that as a result of the use of violence or
3. that the accused killed the said child. drugs or beverages upon her, or any other
act of the accused, the fetus dies, either in
NOTE: the womb or after having been expelled
1. the penalty is that for parricide or murder, therefrom.
but the name of the crime is always 4. That abortion is intended.
infanticide.
2. When the offender is the father, mother or
legitimate ascendant, he shall suffer the NOTE:
penalty prescribed for parricide. If the 1. a fetus about six months old cannot subsist
offender is any other person, the penalty is by itself, outside the maternal womb.
that for murder. In either case, the proper Abortion usually means expulsion before 6th
qualification for the offense is infanticide. month or before term of its viability.
3. When infanticide is committed by the 2. Viada: abortion, as long as fetus dies as a
mother or maternal grandmother of the result of violence used or drugs
victim in order to conceal the mother’s administered
dishonor, such fact is only mitigating. 3. Infanticide, if: (1) fetus could sustain
4. The delinquent mother who claims that she independent life after its separation from
committed the offense to conceal the maternal womb, and (2) it is killed.
dishonor must be of good reputation. 4. Fetus survives in spite of attempt to kill it or
Hence, if she is a prostitute, she is not use of violence:
5. Abortion intended, all acts of execution Any woman who shall commit this offense to
performed- frustrated intentional abortion conceal her dishonor, shall suffer the penalty of
6. Abortion not intended, fetus does not die- prision correccional in its minimum and medium
physical injuries periods.
7. No frustrates unintentional abortion
If this crime be committed by the parents of the
Article 257.Unintentional abortion. - The penalty pregnant woman or either of them, and they act
of prision correccional in its minimum and medium with the consent of said woman for the purpose of
period shall be imposed upon any person who concealing her dishonor, the offenders shall suffer
shall cause an abortion by violence, but the penalty of prision correccional in its medium
unintentionally. and maximum periods.
Elements:
1. that there is a pregnant woman; Elements:
2. that violence is used upon such pregnant 1. that there is a pregnant woman who has
woman without intending an abortion; suffered an abortion;
3. that the violence is intentionally exerted; 2. that the abortion is intended; and
and 3. that the abortion is caused by-
4. that as a result of the violence the fetus a. the pregnant woman herself
dies, either in the womb or after having b. any other person, with her consent, or
been expelled there from. c. any of her parents, with her consent for
the purpose of concealing her dishonor.
NOTE: the liability of the pregnant woman is

NOTE: mitigated if the purpose is to conceal her dishonor.
 committed only by violence (giving of better However, there is no mitigation for the parents of
substance with no intention to cause the pregnant women even if their purpose is to
abortion is not unintentional abortion) conceal their daughter’s dishonor, unlike in
 violence must be intentionally exerted. infanticide.
 Unintentional abortion may be complex
with other crimes such as parricide or Article 259.Abortion practiced by a physician or
homicide. midwife and dispensing of abortives. - The
 Unintentional abortion maybe committed penalties provided in Article 256 shall be imposed
through negligence. (People vs. Jose) in its maximum period, respectively, upon any
 The accused can only be held liable if he physician or midwife who, taking advantage of
knew that the woman was pregnant. their scientific knowledge or skill, shall cause an
 If there is no intention to cause abortion abortion or assist in causing the same.
and neither was violence exerted, Arts. 256
or art. 257 do not apply. Any pharmacist who, without the proper
prescription from a physician, shall dispense any
Article 258.Abortion practiced by the woman abortive shall suffer arresto mayor and a fine not
herself of by her parents. - The penalty of prision exceeding 1,000 pesos.
correccional in its medium and maximum periods
shall be imposed upon a woman who shall practice Elements:
abortion upon herself or shall consent that any 1. that there is a pregnant woman who has
other person should do so. suffered an abortion;
2. that the abortion is intended;
3. that the offender, who must be a physician

or midwife, causes or assists in causing the In any other case, the combatants shall suffer the
abortion; and penalty of arresto mayor, although no physical
4. that said physician or midwife takes injuries have been inflicted.
advantage of his or her scientific knowledge The seconds shall in all events be punished as
or skill. accomplices.
Elements as to pharmacist: Acts punishable:

1. that the offender is a pharmacist. 1. killing one’s adversary in a duel
2. That there is no proper prescription from a 2. inflicting upon the adversary serious
physician. physical injuries
3. That the offender dispenses of any abortive. 3. making combat although no physical
injuries have been inflicted
NOTE:
 It is not necessary that the pharmacist knew Persons liable:
that the abortive would be used to cause 1. Principals- person who killed or inflicted
abortion. What is punished is the act of physical injuries upon the adversary serious
dispensing an abortive without the proper physical injuries upon his adversary, or both
prescription. If he knew, then he would be combatants in any other cases.
liable as accomplish in infanticide. 2. Accomplices- seconds.
 It is not necessary that the abortive be
actually used. NOTE:
 If the pharmacist knew that the abortive  A duel is a formal or regular combat
would be used to cause abortion and previously concerted between 2 parties in
abortion results, he is liable as an the presence of 2 or more seconds of lawful
accomplice. age on each side, who make the selection of
 RA 4729: regulates the sale, dispensation, arms and fix all the other conditions of the
and/or distribution of contraceptive drugs fight.
and devices  It death results, the penalty is the same as
 It is not unlawful if sale, dispensation or that fro homicide, the law disregards intent
distribution of contraceptive drug or to kill in a duel
contraceptive device is by a duly licensed  In case of slight physical injuries inflicted on
drug store or pharmaceutical company and another, penalty is arresto menor, 3rd
with prescription of qualified medical paragraph applies only when no physical
practitioner. injuries are inflicted.
Section 3. Duel Article 261.Challenging to a duel. - The penalty of

prision correccional in its minimum period shall be
Article 260. Responsibility of participants in a duel. imposed upon any person who shall challenge
- The penalty of reclusion temporal shall be another, or incite another to give or accept a
imposed upon any person who shall kill his challenge to a duel, or shall scoff at or decry
adversary in a duel. another publicly for having refused to accept a
challenge to fight a duel.
If he shall inflict upon the latter physical injuries
only, he shall suffer the penalty provided therefor, Acts punishable:
according to their nature. 1. challenging another to a duel.
2. Inciting another to give or accept a higher when the victim is below 12 years
challenge to a duel. old.
3. Scoffing at or decrying another publicly for
having refused to accept a challenge to a Article 263.Serious physical injuries. - Any person
fight a duel. who shall wound, beat, or assault another, shall be
guilty of the crime of serious physical injuries and
Persons liable: shall suffer:
1. Challenger 1. The penalty of prision mayor, if in consequence
2. Instigators of the physical injuries inflicted, the injured person
shall become insane, imbecile, impotent, or blind;
Chapter Two: PHYSICAL INJURIES 2. The penalty of prision correccional in its medium
and maximum periods, if in consequence of the
Article 262.Mutilation. - The penalty of reclusion physical injuries inflicted, the person injured shall
temporal to reclusion perpetua shall be imposed have lost the use of speech or the power to hear or
upon any person who shall intentionally mutilate to smell, or shall have lost an eye, a hand, a foot, an
another by depriving him, either totally or partially, arm, or a leg or shall have lost the use of any such
or some essential organ of reproduction. member, or shall have become incapacitated for
Any other intentional mutilation shall be punished the work in which he was therefor habitually
by prision mayor in its medium and maximum engaged;
periods. 3. The penalty of prision correccional in its
minimum and medium periods, if in consequence of
Two kinds of mutilation: the physical injuries inflicted, the person injured
1. Intentionally mutilating another by shall have become deformed, or shall have lost any
depriving him, totally or partially, of some other part of his body, or shall have lost the use
essential organ for reproduction. thereof, or shall have been ill or incapacitated for
2. Intentionally making other mutilation, i.e. the performance of the work in which he as
lopping, clipping off any part of the body of habitually engaged for a period of more than ninety
the offended party, other than the essential days;
organ for reproduction, to deprive him of 4. The penalty of arresto mayor in its maximum
that part of his body. period to prision correccional in its minimum
period, if the physical injuries inflicted shall have
Elements of the first kind of mutilation: caused the illness or incapacity for labor of the
1. castration, i.e. mutilation of organs injured person for more than thirty days.
necessary for generation such as the penis If the offense shall have been committed against
or ovaries; and any of the persons enumerated in Article 246, or
2. purposely and deliberately. with attendance of any of the circumstances
mentioned in Article 248, the case covered by
NOTE: subdivision number 1 of this Article shall be
 in the first kind of mutilation, the castration punished by reclusion temporal in its medium and
must be made purposely. Otherwise, it will maximum periods; the case covered by subdivision
be considered as mutilation of the second number 2 by prision correccional in its maximum
kind. period to prision mayor in its minimum period; the
 Mayhem refers to any other intentional case covered by subdivision number 3 by prision
mutilation. correccional in its medium and maximum periods;
 Under R.A. 7610, the penalty for the second and the case covered by subdivision number 4 by
type of mutilation shall be one degree prision correccional in its minimum and medium
periods.
The provisions of the preceding paragraph shall not BLINDNESS MEANS LOSS OF VISION IN BOTH EYES
be applicable to a parent who shall inflict physical Blindness requires loss of vision in both eyes. Mere
injuries upon his child by excessive chastisement. weakness in vision is not contemplated.
How committed: LOSS OF HEARING INVOLVES BOTH EARS

1. wounding; Loss of power to hear must involve both ears,
2. beating; Otherwise, it will be considered as serious physical
3. assaulting; or injuries under par 3. Loss of the power to hear in
4. administering injurious substances. the right ear is considered as merely loss of use of
some other part of the body.
Serious Physical Injuries:
1. When the injured person becomes insane, LOSS OF USE OF HAND MUST BE PERMANENT
imbecile, impotent or blind in consequence Loss of use of hand or incapacity of usual work in
of the physical injuries inflicted. paragraph 2 B. Paragraph 2 refers to principal
2. When the injured person- members of the body. Paragraph 3, on the other
a. loses the use of speech or the power hand, covers any other member that is not a
to hear or to smell, loses an eye, a principal part of the body. In this respect, a front
hand, foot, arm or leg, tooth is considered as a member of the body and
b. loses the use of any such member, or not a principal member.
c. becomes incapacitated for the work
in which he had been habitually DEFORMITY DEFINED
engages Deformity means physical ugliness, permanent and
3. when the injured person- definite abnormality that is not curable by natural
a. becomes deformed, means or by nature, it must be conspicuous and
b. loses any other member of his body, visible. Thus, if the scar is usually covered by a
c. loses the use thereof, or dress, it would not be conspicuous and visible. Loss
d. becomes ill or incapacitated for the of teeth as a deformity will not apply to child or old
performance of the work in which he man.
had be habitually engaged in for more
than 90 days DEFORMITY BY LOSS OF TEETH
4. when the injured person becomes ill or The loss of 3 incisors is a visible deformity. Loss of
incapacitated for labor for more than 30 one incisor is not. However, loss of one tooth,
days (but not more than 90 days). which impaired appearance, is a deformity.
Deformity by loss of teeth refers to injury which
MAYBE COMMITTED THROUGH RECKLESS cannot be repaired by the action of nature.
IMPRUDENCE
Serious physical injuries may be committed through DEFORMITY BY LOSS OF BOTH EARS
reckless imprudence or simple imprudence. Loss of both outer ears, loss of the power to hear,
and loss of the lobule of the ear constitute
NO INTENT TO KILL deformity.
There must be no intent to kill.
DEFORMITY BY LOSS OF INDEX AND MIDDLE
IMPOTENCE FINGERS
Impotence includes inability to copulate and Loss of the index and middle fingers is either a
sterility. deformity or loss of a member, not a principal one,
of his body or use of the same. If the injury would

require medical attendance for more than 30 days, Elements:
the illness if the offended party may be considered 1. that the offender inflicted upon another
as lasting more than 30 days. The fact that there person any serious physical injury;
was medical attendance for that period of time 2. that it was done by knowingly administering
shows that the injuries were not cured for that to him any injurious substances or
length of time. beverages or by taking advantage of his
weakness of mind or credulity; and
3. he had no intent to kill.
WORK OR VOCATION DEFINED
In determining incapacity, the injured party must NOTE:
have a vacation or work at the time of the injury.  it is frustrated murder when there is intent
Work includes studies or preparation for a to kill.
profession.  Administering means introducing into the
body the substance, thus throwing of the
EVIDENCE OF PERIOD OF ILLNESS acid in the face is not contemplated.
When the category of the offense of serious  Weakness of mind or credulity- witchcraft,
physical injuries depends on the period of the philters, magnetism
illness or incapacity for labor, there must be
evidence of the length of that period. Otherwise,
the offense will only be considered as slight physical Article 265. Less serious physical injuries. - Any
injuries. person who shall inflict upon another physical
injuries not described in the preceding articles, but
NO INCAPACITY IF WORK IS DONE LESS which shall incapacitate the offended party for
EFFECTIVELY THAN BEFORE labor for ten days or more, or shall require medical
There is no incapacity if the injured party could still assistance for the same period, shall be guilty of
engage in his work although less effectively than less serious physical injuries and shall suffer the
before. penalty of arresto mayor.
SERIOUS PHYSICAL INJURIES WHEN QUALIFIED Whenever less serious physical injuries shall have
Serious physical injuries is qualified when the crime been inflicted with the manifest intent to kill or
is committed against the same persons enumerated offend the injured person, or under circumstances
in the article on parricide or when it is attended by adding ignominy to the offense in addition to the
any if the circumstances defining the crime of penalty of arresto mayor, a fine not exceeding 500
murder. However, serious physical injuries resulting pesos shall be imposed.
from excessive chastisement by parents is not
qualified serious physical injuries. Any less serious physical injuries inflicted upon the
offender's parents, ascendants, guardians,
Art. 264. Administering injurious substances or curators, teachers, or persons of rank, or persons
beverages- The penalties established by the next in authority, shall be punished by prision
preceding article shall be applicable in the correccional in its minimum and medium periods,
respective case to any person who, without intent provided that, in the case of persons in authority,
to kill, shall inflict upon another any serious, the deed does not constitute the crime of assault
physical injury, by knowingly administering to him upon such person.
any injurious substance or beverages or by taking
advantage of his weakness of mind or credulity. Elements:
1. That the offended party is incapacitated for 1. That which incapacitated the offended
labor 10 days or more (but nit more than 30 party for labor from 1-9 days or required
days), or needs medical attendance for the medical attendance during the same period.
same period of time; and 2. That which did not prevent offended party
2. That the physical injuries must not be those from engaging in his habitual work or which
described in the preceding articles did not require medical attendance (Ex.
Black eye).
3. Ill-treatment of another by deed w/o
causing any injury (Ex. Slapping but w/o
Circumstances qualifying the offense: causing dishonor)
1. When there is manifest intent to insult Note:
or offend the injured person  When there is no evidence of actual injury,
2. When there are circumstances adding it is only slight physical injuries.
ignominy to the offense  Supervening event converting crime into
3. When the victim is either the offender’s serious physical injuries after filing of
parents, ascendants, guardians, information can still be the subject of a new
curators or teachers charge
4. When the victim is a person of rank or
person in authority, provided the crime A.AVAWSI
is not direct assault
Note: this article applies even if there was Section 5.Acts of violence against women and their
no incapacity but the medical treatment children.-The crime of violence against women and
was for more than 10 days. their children is committed through any of the
following acts:
Article 266. Slight physical injuries and
maltreatment. - The crime of slight physical (a) Causing physical harm to the woman or her
injuries shall be punished: child;
(b) Threatening to cause the woman or her
1. By arresto menor when the offender has child physical harm;
inflicted physical injuries which shall incapacitate (c) Attempting to cause the woman or her child
the offended party for labor from one to nine days, physical harm;
or shall require medical attendance during the (d) Placing the woman or her child in fear of
same period. imminent physical harm;
(e) Attempting to compel or compelling the
2. By arresto menor or a fine not exceeding 20 woman or her child to engage in conduct
pesos and censure when the offender has caused which the woman or her child has the right
physical injuries which do not prevent the to desist from or desist from which the
offended party from engaging in his habitual work woman or her child has the right to engage
nor require medical assistance. in, or attempting to restrict or restricting
the woman’s or her child’s freedom of
3. By arresto menor in its minimum period or a fine movement or conduct by force or threat of
not exceeding 50 pesos when the offender shall ill- force, physical or other harm or threat of
treat another by deed without causing any injury. physical or other harm, or intimidation
directed against the woman or child. This
Three kinds: shall include, but not limited to the
following acts committed with the purpose
or effect of controlling or restricting the (i) Causing mental or emotional anguish,

woman’s pr her child’ movement or public ridicule or humiliation to the woman
conduct: or her child, including, but not limited to,
(1) Threatening to deprive or actually depriving repeated verbal and emotional abuse, and
the woman her child of custody to her/his denial of financial support or custody of
family; minor children or access to the woman’s
(2) Depriving or threatening to deprive the child/children.
woman or her children of financial support
due her or her family, or deliberately Battered woman syndrome refers to a scientifically
providing the woman’s children insufficient defined pattern of psychological and behavioral
financial support; symptoms found in women living in battering
(3) Depriving or threatening to deprive the relationship as a result of cumulative abuse. Battery
woman or her child of a legal right; refers to any act of inflicting physical and
(4) Preventing the woman in engaging in any psychological or emotional distress
legitimate profession, occupation, business
or activity or controlling the victim’s own Effect on the criminal liability of the accused
money or properties or solely controlling Victim-survivors who are found by courts to be
the conjugal or common money, or suffering from battered woman syndrome do not
properties; incur any criminal or civil liability notwithstanding
(f) Inflicting or threatening to inflict physical the absence of any of elements for justifying
harm on herself for the purpose of circumstances of self-defense under the RPC.
controlling her action or decisions;
(g) Causing or attempting to cause the woman Spouses must go through the battering cycle at
or her child to engage in any sexual activity least twice to be classified as a battered woman
which does not constitute rape, by force or in order to be classified as a battered woman, the
threat of force, physical harm, or through accused and her spouse must go through the
intimidation directed against the woman or battering cycle at least cycle. Any woman may find
child or her/his immediate family; herself in an abusive relationship with a man once.
(h) Engaging in purposeful, knowing, or If it occurs a second time, an she remains in the
reckless conduct, personally or through situation, she defined as a battered woman.
another that alarms or causes substantial (PEOPLE VS. GENOSA(2004))
emotion or psychological distress to the
woman or her child. This shall include, but B. Anti-child pornography
not be limited to the following acts: Section 4.Unlawful or prohibited acts.- it shall be
(1) Stalking or following the woman or her child unlawful for any person:
in public or private places; (A) To hire, employ, use, persuade, induce, or
(2) Peering in the window or lingering outside coerce a child to perform in the creation or
the residence of the woman or her child in production of any form of child
public or private places; pornography;
(3) Entering or remaining in the dwelling or on (B) To produce, direct, manufacture or create
the property of woman or her child; any form of child pornography;
(4) Destroying the property and personal (C) To publish offer, transmit sell, distribute,
belongings or inflicting harm to animals or broadcast, advertise, promote, export or
pets of the woman or her child; and import any form of child pornography;
(5) Engaging in any form to harassment or (D) To posses any form of child pornography
violence; with the intent to sell, distribute, publish, or
broadcast. Provided. That possession of Persons liable:

three (3) or more articles of the child 1. The officers and members of the fraternity,
pornography of the same form shall be sorority or for organization who actually
prima facie evidence of the intent to sell, participated in the infliction of physical
distributed, publish or broadcast; harm shall be liable as principals if the
(E) To knowingly, willfully and intentionally person subjected to hazing or other forms
provide a venue for the commission of of initiation rites suffers any physical injury
prohibited acts as, but not limited to dens, or dies as result thereof;
private rooms cubicles, cinemas, houses or
in establishments purporting to be Qualifying circumstances:
legitimate business; a. When the recruitment is accompanied by
(F) For films distributors, theaters and force, violence, threat, intimidation or
telecommunication companies, by deceit on the person of the recruit who
themselves or in cooperation with other refuses to join;
entities, to distribute any form of child b. When the recruit, neophyte, or applicant
pornography; initially consents to join but upon learning
(G) For a parent, legal guardian or person that hazing will be committed on his
having custody or control of a child to person, is prevented from quitting;
knowingly permit the child to engage, c. When the recruit, neophyte or applicant
participate or assist in any form of child having undergone hazing is prevented from
pornography; reporting the unlawful act to his parent or
(H) To engage in the luring or grooming of a guardians, to the proper school authorities,
child; or to the police authorities, through force,
(I) To engage in pandering of any form of child violence, threat or intimidation;
pornography; d. When the hazing is committed outside of
(J) To willfully access any form of child the school or institution; or
pornography; e. When the victim is below twelve (12) years
(K) To conspire to commit any of the prohibited of age at the time of the hazing.
acts stated in this section. Conspiracy to 2. The school authorities including faculty
commit any form of child pornography shall members who consent to the hazing or who
be committed when two (2) or more have actual knowledge thereof, but failed
persons come to an agreement concerning to take any action to prevent the same from
the commission of any of the said occurring shall be punished as accomplices
prohibited acts and decide to commit it; for the acts of hazing committed by the
and perpetrators;
(L) To possess any form of child pornography. 3. The officers, former office officers, or
alumni of the organization, group, fraternity
C. Anti-hazing law R.A. NO. 8049 or sorority who actually planned the hazing
Hazing is an initiation rite or practice as a although not present when the acts
prerequisite for admission into membership in a constituting the hazing were committed
fraternity, sorority or organization by placing the shall be liable as principals.
recruit, neophyte or applicant in some 4. A fraternity or sorority’s adviser who is
embarrassing or humiliating situations such as present when the acts constituting the
forcing him to do menial, silly, foolish, and other hazing were committed and failed to take
similar tasks or activities or otherwise subjecting action to prevent the same from occurring
him to physical or psychological suffering or injury. shall be liable as principle.
including those covered by article 59 of

Note: presidential decree no. 603, as amended,
 The presence of any person during the but not covered by the revised penal code,
hazing is prima facie evidence of as amended, but not covered by the revised
participation therein as principal unless he penal code, as amended, shall suffer the
prevented the commission of the illegal penalty of prision mayor in its minimum
acts. period.
 Any person charged under this provision (b) Any person who shall keep or have in his
shall not be entitled to the mitigating company a minor, twelve (12) years or
circumstance that there was no intention to under or when in ten (10) years or more his
commit so grave a wrong. junior in any public or private place, hotel,
motel, beer joint, discotheque, cabaret,
D. SPECIAL PROTECTION OF CHILDREN AGAINST pension house, sauna or message parlor,
CHILD ABUSE (R.A.7610) beach and/or other tourist resort or similar
Section5. Child prostitution and other sexual places shall suffer the penalty of prision
abuse.- mayor in its maximum period and a fine of
Children, whether male or female, who for money, not less than fifty thousand pesos
profit, or any other consideration or due to the (P50,000): provided, that this provision shall
coercion or influence of any adult, syndicate or not apply to any person who is related
group, indulge in sexual intercourse or lascivious within the fourth degree of consanguinity
conduct, are deemed to be children exploited in or affinity or any bond recognized by law,
prostitution and other sexual abuse. local custom and tradition or act in the
The penalty of reclusion temporal in its medium performance of a social, moral or legal duty.
period to whether live or in video, or model in (c) Any person who shall induce, deliver or
obscene publications or pornographic materials or offer a minor to any one prohibited by this
sell or distribute the said materials shall suffer the act to keep or have in his company a minor
penalty of prision mayor in its medium period. as provided in the preceding paragraph
If the child used as a performer, subject or shall suffer the penalty of prision mayor in
seller/distributor is below twelve (12) years of age, its medium period and fine of not less than
the penalty shall be imposed in its maximum period. forty thousand pesos (P40,000); provided,
Any ascendant, guardian, or person entrusted in however, that should the perpetrator be an
any capacity with the care of a child who shall cause ascendant, stepparent or guardian of the
and/or allow such child to be employed or to minor, the penalty to be imposed shall be
participate in an obscene play, scene, act, movie or prision mayor in its maximum period, a fine
show or in any other act covered by this section of not less than fifty thousand pesos
shall suffer the penalty of prision mayor in its (P50,000), and the loss of parental authority
medium period. over minor.
(d) Any person, owner, manager or one
Article VI Other Acts of Abuse entrusted with the operation of any public
Section 10.Other acts of neglect, abuse, cruelty or or private place of accommodation,
exploitation and other conditions residential places, who allow any person to
prejudicial to the child’s development.- take along with him to such place or places
(a) Any person who shall commit any other any minor herein described shall be
acts of child abuse, cruelty or exploitation imposed a penalty of prision mayor in its
or to be responsible for other conditions medium period and a fine of not less than
prejudicial to the child’s development fifty thousand pesos (P50,000), and the loss
of the license to operate such place or on the rights of the child: provided, that said person
establishment. shall undergo appropriate counseling and treatment
(e) Any person who shall use, coerce, force or program.
intimidate a street child or any other child
to; SEC.59.Exemption from the application of death
(1) Beg or use begging as means of living; penalty. – The provisions of the revised penal code,
(2) Act as conduit or middlemen in drug as amended, republic act no. 9165, otherwise
trafficking or pushing; or known as comprehensive dangerous drugs act of
(3) Conduct any illegal activities, shall 2002, and other special laws notwithstanding no
suffer the penalty of prision death penalty shall be imposed upon children in
correctional in its medium period to conflict with law.
reclusion perpetua.
For purposes of this act, the penalty for commission Chapter 2 prohibited acts
of acts punishable under articles 248, 249, 262, SEC.60. Prohibition against labeling and shaming.- in
paragraph 2, and 263, paragraph 1 of act no. 3815, the conduct of the proceedings beginning from the
as amended, the revised penal code, for the crimes initial contact with the child, the competent
of murder, homicide, other intentional mutilation, authorities must refrain from branding or labeling
and serious physical injuries, respectively, shall be children as young criminals, juvenile delinquents,
reclusion perpetua when the victim is under twelve prostitutes or attaching to them in any manner any
(12) years of age. The penalty for the commission of other practices shall be allowed particularly with
acts punishable under article 337, 339, 340, and 341 respect to the child’s class or ethnic origin.
of act no. 3815, as amended, the revised penalty SEC.61.Other prohibited acts.- The following and
code, for crimes of qualified seduction, acts of any other similar acts shall be considered prejudicial
corruption of minors and white slave trade, and detrimental to the psychological, emotional,
respectively, shall be one (1) degree higher than social, spiritual, moral and physical health and well-
that imposed by law when the victim is under being of the child in conflict with the law and
twelve (12) years age. therefore, prohibited:
The victim of the acts committed under this section
shall be entrusted to the care of the department of (a) Employment of threat of whatever kind and
social welfare and development. nature;
(b) Employment of abusive, coercive and
E. JUVENILE JUSTICE AND WELFARE ACT (R.A.9344) punitive measures such as cursing, beating,
SEC.57.Statusoffenses. – Any conduct not stripping, and solitary confinement;
considered an offense or not penalized if (c) Employment of degrading, inhuman end
committed by an adult shall not be considered an cruel forms of punishment such as shaving
offense and shall not be punished if committed by a the heads, pouring irritating, corrosive or
child. harmful substances over the body of the
child in conflict with the law, or forcing
SEC.58. Offenses not applicable to the children. – him/her to walk around the community
Person below eighteen (18) years of age shall be wearing signs which embarrass, humiliate,
exempt from prosecution for the crime of vagrancy and degrade his/her personality and
and prostitution under section 202 of the revised dignity; and
penal code, of mendicancy under presidential (d) Compelling the child to perform involuntary
decree no. 1563, and sniffing of rugby under servitude in any and all forms under any
presidential decree no. 1619, such prosecution and all instances.
being consistent with the united nation convention
G. Human Security act 2007 12. False or untruthful statement or

misrepresentation of material fact in join affidavits
Acts punishable: (sec.38)
Any person who commits an act punishable under 13. Unjustified refusal to restore bank deposits,
any of the following provisions of the RPC: placement, trust account, asset and record (sec.42)
a. Art. 122 (Piracy in general and munity in the 14. Loss, misuse, diversion or dissipation of seized,
high seas or in the Philippine Waters) sequestered and frozen bank deposits, placements,
b. Art. 134 (Rebellion or Insurrection) trust accounts, assets and records. (sec.43)
c. Art. 134-A (coup d’etat), including acts 15. Infidelity in the custody of detained persons
committed by private persons (sec.44)
d. Art. 248 (Murder) 16. Unauthorized revelation of classified materials
e. Art. 267 (Kidnapping and serious illegal (sec. 45)
detention) 17. Furnishing False evidence, Forged document, or
f. Art.324 (crimes involving destruction) or spurious evidence (sec.47)
under Presidential Decree No. 1613 ( the
law on arson) Who are liable:
g. Republic act no. 6969 (toxic substances and 1. Accomplice (sec.5)
hazardous and nuclear waste control act of  Not being a principal under article
1990); 17 of the revised penal code or a
h. Republic act no. 5207, (atomic energy conspirator as defined in section 4
regulatory and liability act of 1968); here of
i. Republic act no. 6235 (Anti- hijacking law);  Cooperates in the execution of
j. Presidential degree no. 532 (Anti-piracy and either the crime of terrorism or
Anti-highway robbery law of 1974); and conspiracy to commit terrorism by
k. Presidential decree no. 1866, as amended previous or simultaneous act
(decree codifying the laws on illegal and 2. Accessory (sec.6)
unlawful possession, manufacture, dealing  Having knowledge of the
in, acquisition or disposition of firearms, commission of the crime of
ammunitions or explosives) terrorism or conspiracy to commit
terrorism, and without having
Thereby sowing and creating a condition of participated therein, either as
widespread and extraordinary fear and panic principal or accomplice under
among the populace, in order to coerce the articles 17 and 18 of RPC
government to give in to an unlawful demand shall  Takes part subsequent to its
be guilty of the crime of terrorism and shall suffer commission in any of the following
the penalty of forty (40) years of imprisonment, manner:
without the benefit of parole as provided for under  (a) by profiting himself or assisting
act no. 4103, otherwise known as the indeterminate the offender to profit but the effect
sentence law as amended. of the crime;
Other punishable act:  (b) by concealing or destroying the
10. Unauthorized or malicious examination of a body of the crime, or the effects, or
bank of a financial institution (sec.36) instrument thereof, in order to
11. Bank officials and employee defying a court prevent its discovery;
authorization (sec.37)  (c) by harboring, concealing, or
assisting in the escape of the
principal or conspirator of the committed by reason or on the occasion thereof,

crime. the penalty shall be reclusion perpetua to death.
Chapter three: RAPE "When by reason or on the occasion of the rape,

Article 266A-266B homicide is committed, the penalty shall be death.
Article 266-A. Rape: When And How Committed. -
Rape is committed: "The death penalty shall also be imposed if the
crime of rape is committed with any of the
1) By a man who shall have carnal knowledge following aggravating/qualifying circumstances:
of a woman under any of the following
circumstances: "l) When the victim is under eighteen (18) years of
age and the offender is a parent, ascendant, step-
"a) Through force, threat, or parent, guardian, relative by consanguinity or
intimidation; affinity within the third civil degree, or the
common-law spouse of the parent of the victim;
"b) When the offended party is deprived
of reason or otherwise unconscious; "2) When the victim is under the custody of the
police or military authorities or any law
"c) By means of fraudulent machination enforcement or penal institution;
or grave abuse of authority; and
"3) When the rape is committed in full view of the
"d) When the offended party is under spouse, parent, any of the children or other
twelve (12) years of age or is demented, relatives within the third civil degree of
even though none of the circumstances consanguinity;
mentioned above be present.
"4) When the victim is a religious engaged in
2) By any person who, under any of the legitimate religious vocation or calling and is
circumstances mentioned in paragraph 1 hereof, personally known to be such by the offender
shall commit an act of sexual assault by inserting before or at the time of the commission of the
his penis into another person's mouth or anal crime;
orifice, or any instrument or object, into the
genital or anal orifice of another person. "5) When the victim is a child below seven (7)
years old;
Article 266-B. Penalty. - Rape under paragraph 1 of
the next preceding article shall be punished by "6) When the offender knows that he is afflicted
reclusion perpetua. with the Human Immuno-Deficiency Virus
(HIV)/Acquired Immune Deficiency Syndrome
"Whenever the rape is committed with the use of (AIDS) or any other sexually transmissible disease
a deadly weapon or by two or more persons, the and the virus or disease is transmitted to the
penalty shall be reclusion perpetua to death. victim;
"When by reason or on the occasion of the rape, "7) When committed by any member of the Armed
the victim has become insane, the penalty shall Forces of the Philippines or para-military units
become reclusion perpetua to death. thereof or the Philippine National Police or any
law enforcement agency or penal institution, when
"When the rape is attempted and a homicide is the offender took advantage of his position to
facilitate the commission of the crime; 1. By a man who shall have carnal knowledge
of a woman under any of the following
"8) When by reason or on the occasion of the rape, circumstances:
the victim has suffered permanent physical a- Through force, threat or intimidation;
mutilation or disability; b- When the offended party is deprived of
reason or otherwise unconscious;
"9) When the offender knew of the pregnancy of c- By means of fraudulent machination or
the offended party at the time of the commission gave abuse of authority; or
of the crime; and d- When the offended party is under 12
years of age or is demented, even
"10) When the offender knew of the mental though none of the circumstances
disability, emotional disorder and/or physical mentioned above be present.
handicap of the offended party at the time of the 2. By any person who, under any of
commission of the crime. circumstances mentioned in the paragraph
1 hereof, shall commit an act of sexual
"Rape under paragraph 2 of the next preceding assault by inserting:
article shall be punished by prision mayor. a. His penis into another person’s mouth
or anal orifice; or
"Whenever the rape is committed with the use of b. Any instrument or object, into the
a deadly weapon or by two or more persons, the genital or anal orifice of another
penalty shall be prision mayor to reclusion person.
temporal. Rape committed under paragraph 1 is punishable
by:
"When by reason or on the occasion of the rape, 1. Reclusion perpetua
the victim has become insane, the penalty shall be 2. Reclusion perpetua to death when:
reclusion temporal. a. Victim became insane by reason or on
the occasion of rape; or
"When the rape is attempted and a homicide is b. The rape is attempted and homicide is
committed by reason or on the occasion thereof, committed by reason or on the
the penalty shall be reclusion temporal to occasion thereof.
reclusion perpetua. 3. Death when[Death penalty suspended]:
a. Homicide is committed;
"When by reason or on the occasion ofthe rape, b. Victim is under 18 years old and
homicide is committed, the penalty shall be offender is:
reclusion perpetua. i. Parent,
ii. Ascendant,
"Reclusion temporal shall be imposed if the rape is iii. Step-parent,
committed with any of the ten aggravating iv. Guardian,
qualifying circumstances mentioned in this article. v. Relative by consanguinity or
affinity within the 3rd civil
The anti-rape law of 1997 (RA.8353) now classified degree,
the crime of rape as a crime against person. It vi. Common law spouse of victim’s
incorporated rape into title 8 of the RPC. parent;
c. Under the custody of the police or
Elements: military authorities or any law
Rape is committed- enforcement or penal institution;
d. Committed in full view of the spouse, 6. Reclusion temporal – committed with any
parent or any of the children or other of the 10 aggravating circumstances
relatives within the 3rd degree of mentioned above.
consanguinity; Dividing age in rape:
e. Victim is a religious engaged in 1. Less than 7 years old - mandatory death
legitimate religious vocation or calling 2. Less than 12 years old – statutory rape
and is personally known to be such by 3. Less than 18 years old and there is
the offender before or at the time of relationship (e.g. parent, etc.) – mandatory
the commission of the crime; death.
f. A child below 7 years old;
g. Offender knows he is afflicted with HIV Degree of force necessary:
or AIDS or any other sexually 1. Force sufficient to consummate culprit’s
transmissible disease and the virus is purpose
transmitted to the victim; 2. Consider age, size and strength of parties
h. Offender is a member of the AFP, or and their relation to each other
para-military units thereof, or the PNP,
pr any law enforcement agency or Note:
penal institution , when the offender  Rape may be committed by employing
took advantage of his position to intimidation ( intimidation moral kind)
facilitate the commission of the crime;  When the offender in rape has an ascendancy
i. The victim suffered permanent physical or influence over the girl, it is not necessary to
mutilation or disability; put up determined resistance
j. The offended knew of the pregnancy of  Rape may be proved by the uncorroborated
the offended party at time of the testimony of woman alone
commission of the crime; and  Three well-known principles to guide the court:
k. When the offender knew of the mental 1. An accusation for rape can be made with
disability, emotional disorder and/or facility, is difficult to prove, but more
physical handicap of the offended party difficult for person accused, though
at the time of the commission of the innocent, to disprove
crime. 2. Nature only two person are involved,
Rape committed under paragraph 2 is punishable testimony of complainant must be
by: scrutinized with extreme caution
1. Prision mayor 3. The evidence for prosecution must stand or
2. Prision mayor to reclusion temporal when: fall on its own merits, and cannot be
a. There was use of deadly weapon, or allowed to draw strength from weakness of
b. When committed by two or more evidence for defense
persons.  Deprivation of reason contemplated by law
3. Reclusion temporal – when the victim has need not be complete, mental abnormality or
become insane deficiency is sufficient
4. Reclusion temporal to reclusion perpetua –  CONSUMMATED RAPE: penetration of labia
rape is attempted and homicide is consummates the crime of rape
committed  ATTEMPTED RAPE: intent to have carnal
5. Reclusion perpetua - homicide is committed knowledge must be clearly shown
by reason or on occasion of rape  Multiple rape by two or more offenders
each one is responsible not only for rape
personally committed, but also for rape  An unchaste woman who habitually goes out
committed by other with different men may be a victim of rape. The
 Rape with homicide is now a special complex victim’s moral character is among the elements
crime of the crime of rape. It does not neglect the
 Rape infecting victim with gonorrhea that existence of the rape. (People vs. Agsaoay(
caused death is an illustration of rape with 2004))
homicide  Rape may be committed anywhere – even in
 Indemnity in Rape: P50,000 mandatory; if places where people congregate such as parks,
circumstances which penalty is authorized along the road side, within school premises, and
P75,000; Rape with homicide P100,000 inside a house where there are other
 Moral damages P50,000, without need of occupants. The beast in him bears no respect
proof for time and place. (People vs. Lalingjama
 Exemplary damages if crime committed (2002)
with one or more aggravating circumstances
 In rape, sc previously ruled it is not necessary  The trial court has decreed the penalty of death
that lewd design or unchaste motive be proud on account of circumstance under article 266-A,
(People vs. Obsania (1968)); in case of act of i.e., that when “the offender knows that he is
lasciviousness, without proof of lewd design, or afflicted with Human Immuno Deficiency Virus
unchaste motive, crime committed is only (HIV), Acquired Immune Deficiency Syndrome
unjust vexation (Luansing vs. People (1969)) (AIDS) or any other sexually transmissible
 In rape by sexual assault, the word “instrument disease and the virus or disease is transmitted
or object” should be construed to include a to the victim,” the imposition of the extreme
human finger. (People vs. Nequia (2003)) penalty of death would be warranted. (People
 The definition of the crime of rape has been vs. Olayber(2003))
expanded with the enactment of republic act  An accused may be considered a principal by
no. 8353, otherwise known as the anti-rape law direct participation, by inducement, or by
of 1997, to include not only “rape by indispensable cooperation. This is true in a
assault.”An act of sexual assault under the charge of rape against a woman, provided of
second paragraph of the article can be course a man is charged together with her.
committed by any person who, under the thus, in two cases the court convicted the
circumstances mentioned in the first paragraph woman as a principal by direct participation
of the law, inserts his pens in the mouth or anal since it was proven that she held down the
orifice, or any instrument or object into genital complainant in order to help her co-accused
or anal orifice, of another person. The law, spouse consummate the offense. ( People vs.
unlike rape under the first paragraph of article Dela Torre (2004))
266-A of the code, has not made any distinction  Absence of resistance does not mean consent.
on the sex of either the offender or the victim. The complainant was only 14 years old when
Neither must the courts make such distinction. the rape took place. At her age, it could easily
(Ordinario v. People (2004)) be conceived that she feared the appellant and
 Even the slightest contact of the penis with the believed his threats, that he would kill her and
labia under circumstances enumerated under her family if she reported the incident to
art. 266-A of the revised penal code constitutes anyone. The test is whether the threat or
rape. A flaccid penis can do as much damage as intimidation produces a reasonable fear in the
an erect one – at least insofar as the crime of mind of the victim that if she resist or does not
rape is concerned. (People vs. Navarro(2003)) yield to the desire of the accused, the threat
would be carried out. (People vs. Espinosa would just cower in fear and resign to the
(2004)) father’s wicked deeds. (People vs.
 The negative finding of spermatozoa on the Lambid(2003))
medico-legal report does not prove that no  The mere assertion of a love relationship does
rape was committed. (People vs. Malones not necessarily rule out the use of force to
(2004)) consummate the crime of rape. A sweetheart
 Where the girl is below 12 years old, the only cannot be forced to have sex against her will..
subject of inquiry is whether “carnal (People vs. Ayuda (2003))
knowledge” took place. Proof of force,  A “sweetheart defense,” to be credible, should
intimidation or consent is unnecessary since be substantiated by some documentary or
none of these is an element of statutory rape. other evidence of the relationship – like
There is a conclusive presumption of absence of mementos, love letters, notes, picture and the
free consent of the rape victim is below the age like. (People vs. Ayuda (2003))
of 12. (People vs. Rote (2003))  A defense based on “sweetheart theory” in rape
 When the original and primordial intention of cases is not defense at all inrape where victim is
the appellant in keeping the victim in hs mental retardate. (People vs. Acero (2004))
apartment was to rape her and not to deprive  Sweetheart theory prevails as a defense in rape
her of her liberty. The appellant is guilty only of when it casts reasonable doubt as to guilt of the
rape under article 335, paragraph 1 of the accused. (People v. Oga (2004))
revised penal code, and not of the complex
crime of serious illegal detention with rape Art. 266-C. Effect of pardon. The subsequent valid
under article 267, in relation to articles 335 and marriage between the offended party shall
48 of the code. (People vs. Sabardan (2004)) extinguish the criminal action or the penalty
 The qualifying circumstance of minority and imposed.
relationship does not include god-father
relationship. (People vs. Fucio (2004)) "In case it is the legal husband who is the offender,
 To justify the imposition of the death penalty in the subsequent forgiveness by the wife as the
cases of incestuous rape, the concurrence of offended party shall extinguish the criminal action
the victim and her relationship to the offender or the penalty: Provided, That the crime shall not
constitutes one special qualifying circumstance be extinguished or the penalty shall not be abated
which must be both alleged and proved with if the marriage is void ab initio.
moral certainty. (People vs. Anch (2004))
 In qualified rape, the term “guardian” refers to  Subsequent valid marriage between the
a legal guardian as in the case of parents or offender and offended party extinguishes
guardian ad litem or judicial guardian appointed the criminal action or the penalty imposed.
by the court, and not merely to an  A husband may be guilty of raping his wife.
uncommitted caretaker over a limited period of  When the legal husband is offender,
time. (People vs. watiwa (2003)) subsequent forgiveness of the wife
 The force or violence necessary in rape is a extinguishes the criminal action or penalty.
relative term that depends not only on the age, This does not follow if the marriage is void
size, and strength of the person involved but ab initio.
also on their relationship to each other. In a
rape committed by a father against his own Art.266-D. Presumptions- Any physical overt act
daughter, the former’s parental authority and manifesting resistance against the act of rape in
moral ascendancy substitutes for violence or any degree from the offended party, or where the
intimidation over the latter who, expectedly, offended party is so situated as to render her/him
incapable of giving valid consent, may be accepted inflicted upon the person kidnapped or detained;
as evidence in the prosecution of the acts or if threats to kill him shall have been made.
punished under Article 266-A. 4. If the person kidnapped or detained shall be a
minor, female or a public officer.
Sec. 3. Separability Clause. - If any part, Sec., or
provision of this Act is declared invalid or The penalty shall be death where the kidnapping
unconstitutional, the other parts thereof not or detention was committed for the purpose of
affected thereby shall remain valid. extorting ransom from the victim or any other
person, even if none of the circumstances above-
Sec. 4. Repealing Clause. - Article 336 of Act No. mentioned were present in the commission of the
3815, as amended, and all laws, acts, presidential offense.
decrees, executive orders, administrative orders,
rules and regulations inconsistent with or contrary Elements:
to the provisions of this Act are deemed amended, 1. That the offender is a private individual;
modified or repealed accordingly. 2. That he kidnaps or detains another
manner deprives the liberty;
Sec. 5. Effectivity. - This Act shall take effect fifteen 3. That the act of detention or kidnapping
(15) days after completion of its publication in two must be illegal; and
(2) newspapers of general circulation. 4. That in the commission of the offense,
any of the following circumstances are
Evidence which may be accepted for the present (detention become serious):
prosecution of rape: a. That the kidnapping/ detention
1. Any physical overt act manifesting lasts for more than 3 days,
resistance against the act of rape in any b. That it is committed b y simulating
degree from the offended party; or public authority,
2. Where the offended party is so situated as c. That any serious physical injuries
to render him/her incapable of giving are inflicted upon the person
consent. kidnapped or detained or threats to
kill him are made, or
9. Crimes against personal liberty and security d. That the person kidnapping or
Chapter one: Crimes against liberty detained is a minor (except if
Section one. Illegal detention parent is the offender), female or a
public officer.
Article 267. Kidnapping and serious illegal
detention. Any private individual who shall kidnap Death is imposed in the following instances: [death
or detain another, or in any other manner deprive penalty suspended]
him of his liberty, shall suffer the penalty of 1. If kidnapping is committed for the purpose
reclusion perpetua to death: of extorting ransom either from the victim
or from any other person, even if none of
1. If the kidnapping or detention shall have lasted the aforementioned circumstances are
more than five days. present in the commission of the offense;
and
2. If it shall have been committed simulating public 2. When victim is killed or dies as a
authority. consequence of the detention or is raped or
is subject torture or humanizing acts.
3. If any serious physical injuries shall have been
 It is true that for kidnapping to takes place, described in the next preceding article without the
it is not necessary that the victim be placed attendance of any of circumstances enumerated
in an enclosure; neither is it necessary that therein.
the detention be prolonged. However, the
essence of kidnapping is the actual The same penalty shall be incurred by anyone who
deprivation of the victim’s liberty coupled shall furnish the place for the perpetration of the
with indubitable proof of the intent of the crime.
accused to effect such deprivation. (People
v. Obeso (2003)) If the offender shall voluntarily release the person
 The victim’ lack of consent is also a so kidnapped or detained within three days from
fundamental element of kidnapping and the commencement of the detention, without
serious illegal detention. The having attained the purpose intended, and before
involuntariness of the seizure and detention the institution of criminal proceedings against him,
is the very essence of the crime. Although the penalty shall be prision mayor in its minimum
the victim may have inceptually consented and medium periods and a fine not exceeding
to go with the offender to a place but the seven hundred pesos.
victim is thereafter prevented, with the use
of force, from leaving the place where he Elements:
brought to with his consent an is detained 1. That the offender is a private person;
against his will, the offender is guilty of 2. That he kidnaps or detain another or any
kidnapping and serious illegal detention. other manner deprives the liberty or he
(people vs. pickrell (2003)) furnishes the place for the perpetuation of
 The penalty shall be death where the the detention;
kidnapping or detention was committed for 3. That the act of detention or kidnapping
the purpose of extorting ransom from the must be illegal;
victim or any other person, even if none of 4. That the crime is committed without the
the circumstances mentioned in article 267 attendance of any of the circumstances
were present in the commission of the enumerated in Art.267.
offense. (people v. Pua (2003))
Note: if the participation is to furnish the place for
Difference of Illegal Detention and Arbitrary the crime, he is raised to a real co-principal. But if
Detention the cooperation is by any other act than furnishing
 Illegal detention is committed by a private the place, penalty is one degree lower.
individual who unlawfully kidnaps, detains Privileged mitigating circumstance:
or otherwise deprives a person or liberty If the offender:
while Arbitrary Detention is committed by a 1. Voluntarily release the person so kidnapped
public officer or employee who detains a or detained within 3 days from
person without legal ground. commencement of the detention;
 In illegal detention crime is against personal 2. Without having attained the purpose
liberty and security while in Arbitrary intended; and
detention crime against the fundamental 3. Before the institution of criminal
law of the state proceedings against him.
Art.268.Slight illegal detention- The penalty of Art.269. Unlawful Arrest. The penalty of arresto
reclusion temporal shall be imposed upon any mayor and a fine not exceeding 500 pesos shall be
private individual who shall commit the crimes imposed upon any person who, in any case other
than those authorized by law, or without by the two preceding articles shall be the father or
reasonable ground therefor, shall arrest or detain the mother of the minor, the penalty shall be
another for the purpose of delivering him to the arresto mayor or a fine not exceeding three
proper authorities. hundred pesos, or both.
Elements:
1. That the offender arrests or detains another
person; Elements:
2. That the purpose of the offender is to 1. That the minors is living in the home of his
deliver him to the proper authorities; and parents or guardians or the person
3. That the arrest or detention is not entrusted with his custody; and
authorized by law or there is no reasonable 2. That the offender induces a minor to
ground thereof. abandon such home.
Note: Note:
 Offender is any person. Either a public  Inducement must be actual, committed
officer or private individual may be liable. with criminal intent and determined by a
 Arrest/ detention refer to warrantless will to cause damage.
arrests.  The minor should not leave his home of his
 In Art. 125 (Delays in the delivery of own free will.
detained persons to the proper judicial  Mitigated if committed by the father or
authorities), the detention is for some legal mother of the victim.
ground. While in an unlawful arrest, the  The minor need not actually abandon his
detention is not authorized by law. home or home of guardian. Mere
commission of any act which tends to
Section2. Kidnapping of minors influence, persuade or prevail on a minor to
abandon his home is what constitutes a
Art.270. Kidnapping and failure to return a minor- crime.
The penalty of reclusion perpetua shall be imposed Section3. – Slavery and servitude
upon any person who, being entrusted with the
custody of a minor person, shall deliberately fail to Art.272. Slavery- The penalty of prision mayor and
restore the latter to his parents or guardians. a fine of not exceeding 10,000 pesos shall be
imposed upon anyone who shall purchase, sell,
Elements: kidnap or detain a human being for the purpose of
1. That the offender is entrusted with the enslaving him.
custody of a minor person; and
2. That he deliberately fails to restore the said If the crime be committed for the purpose of
minor to his parents. assigning the offended party to some immoral
traffic, the penalty shall be imposed in its
Art.271.Inducing a minor to abandon his home.- maximum period.
The penalty of prision correccional and a fine not
exceeding seven hundred pesos shall be imposed Elements:
upon anyone who shall induce a minor to abandon 1. That the offender purchases, sells, kidnaps
the home of his parent or guardians or the persons or detains a human being; and
entrusted with his custody. 2. That the purpose of the offender is to
enslave such human being.
If the person committing any of the crimes covered
Qualifying Circumstance - if the purpose is some any person whom he shall find in an uninhabited
immoral traffic (ex. Prostitution) place wounded or in danger of dying, when he can
render such assistance without detriment to
Art.273.Exploitation of child labor- The penalty of himself, unless such omission shall constitute a
prision correccional in its minimum and medium more serious offense.
periods and a fine not exceeding 500 pesos shall be 2. Anyone who shall fail to help or render
imposed upon anyone who, under the pretext of assistance to another whom he has accidentally
reimbursing himself of a debt incurred by an wounded or injured.
ascendant, guardian or person entrusted with the 3. Anyone who, having found an abandoned child
custody of a minor, shall, against the latter's will, under seven years of age, shall fail to deliver said
retain him in his service. child to the authorities or to his family, or shall fail
Elements: to take him to a safe place.
1. That the offender retains a minor in his
service; Acts punishable:
2. That it is against the will of the minor: and 1. By failing to render assistance to any person
3. That it is under the pretext reimbursing whom the offender finds in an uninhabited
himself of a debt incurred by an ascendant, place wounded or in danger of dying, when
guardian or person entrusted with the he can reader such assistance without
custody of such minor. detriment to himself, unless such omission
Note: Indebtedness is not a ground for detention. shall constitute a more serious offense;
Elements:
Art.274. Services rendered under compulsion in a. That place is not inhabited.
payment of debt- The penalty of arresto mayor in b. The accused found there a person
its maximum period to prision correccional in its wounded or in danger to dying.
minimum period shall be imposed upon any c. The accused can render assistance
person who, in order to require or enforce the without detriment to himself.
payment of a debt, shall compel the debtor to d. The accused fails to render assistance.
work for him, against his will, as household 2. By failing to help or render assistance to
servant or farm laborer. another whom the offender has
accidentally wounded or injured;
Elements: 3. By failing to deliver a child under 7 whom
1. That the offender compels a debtor to work the offender has found abandoned, to the
for him, either as household servant or farm authorities or to his family, or by failing to
laborer; take him to a safe place. (may be applied to
2. That it is against the debtor’s will; and a lost child)
3. That the purpose is to require or enforce
the payment of a debt. Art.276. Abandoning a minor- The penalty of
arresto mayor and a fine not exceeding 500 pesos
Chapter two: crimes against security shall be imposed upon any one who shall abandon
Section1. – Abandonment of helpless persons and a child under seven years of age, the custody of
exploitation of minors which is incumbent upon him.
Art275. Abandonment of person in danger and When the death of the minor shall result from
abandonment of one’s own victim- The penalty of such abandonment, the culprit shall be punished
arresto mayor shall be imposed upon: by prision correccional in its medium and
1. Anyone who shall fail to render assistance to maximum periods; but if the life of the minor shall
have been in danger only, the penalty shall be the offender or, in the absence of that one,
prision correccional in its minimum and medium without the consent of the consent of the
periods. proper authorities;
The provisions contained in the two preceding Element:

paragraphs shall not prevent the imposition of the a. Offender has charge of the rearing or
penalty provided for the act committed, when the education of a minor;
same shall constitute a more serious offense. b. He delivers said minor to a public institution
or other person.; and
Elements: c. That the one who entrusted such child to
1. That the offender has the custody of a child; the offender has not consented such act; or
2. That the child is under 7 years of age; if the one who entrusted to such child to
3. The he abandons such child; and the offender is absent, the proper
4. That he has no intent to kill the child when authorities have not consented to it.
the latter is abandoned. 2. By neglecting his children by not giving
Note: them education which their station in life
 Abandonment must be conscious, requires and financial condition permits;
deliberate, and permanent. Elements:
 Qualifying circumstances; A. That the offender is a parent;
a. Death of minor; or life was in danger B. That he neglects his children by not giving
because of the abandonment. them education; and
b. Life was in danger because of the C. That his station in life requires such
abandonment. education and his financial condition
 Parent guilty of abandoning their children permits it.
shall be deprived of parental authority. Note:
 Obligation to educate children terminates if
Art.277.Abandonment of minor by person mother and children refuse without good
entrusted with his custody; indifference of parents reason to live with accused.
The penalty of arresto mayor and a fine not  Failure to give education must be due to
exceeding 500 pesos shall be imposed upon deliberate desire to evade such obligation.
anyone who, having charge of the rearing or
education of a minor, shall deliver said minor to a Article 278. Exploitation of minors- The penalty of
public institution or other persons, without the prision correccional in its minimum and medium
consent of the one who entrusted such child to his periods and a fine not exceeding 500 pesos shall
care or in the absence of the latter, without the be imposed upon:
consent of the proper authorities.
1. Any person who shall cause any boy or girl
The same penalty shall be imposed upon the under sixteen years of age to perform any
parents who shall neglect their children by not dangerous feat of balancing, physical strength, or
giving them the education which their station in contortion.
life require and financial conditions permit.
2. Any person who, being an acrobat, gymnast,
Acts punishable: rope-walker, diver, wild-animal tamer or circus
1. By delivering a minor to a public institution manager or engaged in a similar calling, shall
or other person w/o consent of the one employ in exhibitions of these kinds children under
who entrusted such minor to the care of sixteen years of age who are not his children or
descendants. next preceding paragraph, the offender

being engaged in any of said callings.
3. Any person engaged in any of the callings 4. By delivering a child under 16 gratuitously
enumerated in the next paragraph preceding who to any person following any of the callings
shall employ any descendant of his under twelve enumerated in the paragraph 2 or to any
years of age in such dangerous exhibitions. habitual vagrant or beggar, the offender
being an ascendant, guardian, teacher or
4. Any ascendant, guardian, teacher or person person entrusted in any capacity with the
entrusted in any capacity with the care of a child care of such child.
under sixteen years of age, who shall deliver such 5. By including any child under 16 to abandon
child gratuitously to any person following any of the home of it ascendants, guardian,
the callings enumerated in paragraph 2 hereof, or curators or teachers to follow any person
to any habitual vagrant or beggar. engaged in any of the callings mentioned in
paragraph 2 or to accompany any habitual
If the delivery shall have been made in vagrant or beggar, the offender being any
consideration of any price, compensation, or person.
promise, the penalty shall in every case be
imposed in its maximum period. Qualifying circumstance: if the delivery of the child
to any person following any of the callings of
In either case, the guardian or curator convicted acrobat, rope-walker, diver or wild-animal trainer or
shall also be removed from office as guardian or circus manager or to any habitual vagrant of beggar
curator; and in the case of the parents of the child, is made in consideration of any price, compensation
they may be deprived, temporarily or perpetually, or promise.
in the discretion of the court, of their parental
authority. Art.279. Additional penalties for other offenses-
The imposition of the penalties prescribed in the
5. Any person who shall induce any child under preceding articles, shall not prevent the imposition
sixteen years of age to abandon the home of its upon the same person of the penalty provided for
ascendants, guardians, curators, or teachers to any other felonies defined and punished by this
follow any person engaged in any of the callings Code.
mentioned in paragraph 2 hereof, or to accompany
any habitual vagrant or beggar.  The offender is liable not only for the
abandonment or exploitation but also for all
Acts punishable: its consequences. If as a result, physical
1. By causing any boy or girl under 16 to injuries or death resulted, another crime is
perform any dangerous feat of balancing, committed by authority of Article 279.
physical strength or contortion, the
offender being any person. Section2.- Trespass to dwelling
2. By employing children under 16 who are
not the children or descendants of the Art.280. Qualified trespass to dwelling- Any private
offender in exhibition of acrobat, gymnast, person who shall enter the dwelling of another
rope-walker, diver, or wild- animal tamer or against the latter's will shall be punished by
circus manager or engaged in similar calling. arresto mayor and a fine not exceeding 1,000
3. By employing any descendant under 12 in pesos.
dangerous exhibitions enumerated in the
If the offense be committed by means of violence
or intimidation, the penalty shall be prision  Where the entrance is for purpose of
correccional in its medium and maximum periods preventing harm to himself, the occupants
and a fine not exceeding 1,000 pesos. or a third person.
 Where the purpose is to render some
The provisions of this article shall not be applicable service to humanity or justice.
to any person who shall enter another's dwelling  When the accused entered the dwelling
for the purpose of preventing some serious harm through the window, he had no intent to kill
to himself, the occupants of the dwelling or a third any person inside. His intention to kill came
person, nor shall it be applicable to any person to his mind when he was being arrested by
who shall enter a dwelling for the purpose of the occupant thereof. Hence, the crime of
rendering some service to humanity or justice, nor trespass to dwelling is separate and distinct
to anyone who shall enter cafes, taverns, inn and offense from frustrated homicide. ( Medina
other public houses, while the same are open. case)
Elements: Art.281. Other forms of trespass The penalty of

1. That the offender is a private person; arresto menor or a fine not exceeding 200 pesos,
2. That he enters the dwelling of another; and or both, shall be imposed upon any person who
3. That such entrance is against the latter’s shall enter the closed premises or the fenced
will estate of another, while either or them are
uninhabited, if the prohibition to enter be
Qualifying circumstance: if the offense is committed manifest and the trespasser has not secured the
by means of violence or intimidation. permission of the owner or the caretaker thereof.
 There must be an opposition on the part of
the owner of the house to entry to the Elements:
accused. 1. That the offender enters the closed
 Dwelling: any building or structure premises or the fenced estate of another;
exclusively devoted for rest and comfort, 2. That the entrance is made while either of
depends upon use; maybe a room; implied them is uninhabited;
prohibition depending on circumstances 3. That the prohibition to enter be manifest;
 Implied prohibition is present considering and
the following situation. Ex. Felony was 4. That the trespasser has not secured the
committed late at night everyone’s asleep permission of the owner or the caretaker
or entrance was made through the window. thereof.
 Prohibition is not necessary when violence
or intimidation is employed by the Section 3. - Threats and coercion
offender.
 When there is no overt act of the crimes is Art.282. Grave threats- Any person who shall
trespass to be committed (Ex. Theft), the threaten another with the infliction upon the
crime is trespass to dwelling. person, honor or property of the latter or of his
 Trespass may be committed even by the family of any wrong amounting to a crime, shall
owner of the dwelling against the actual suffer:
occupant thereof.
1. The penalty next lower in degree than that
Not applicable to: prescribed by law for the crime be threatened to
commit, if the offender shall have made the threat
demanding money or imposing any other
condition, even though not unlawful, and said

offender shall have attained his purpose. If the Art.283. Light threats Any threat to commit a
offender shall not have attained his purpose, the wrong not constituting a crime, made in the
penalty lower by two degrees shall be imposed. manner expressed in subdivision 1 of the next
If the threat be made in writing or through a preceding article, shall be punished by arresto
middleman, the penalty shall be imposed in its mayor.
maximum period.
3. The penalty of arresto mayor and a fine not

exceeding 500 pesos, if the threat shall not Elements:
have been made subject to a condition. 1. That the offender makes a threats to
commit a wrong;
Acts punishable: 2. That the wrong does not constitute a crime;
1. By threatening another with the infliction 3. That there is a demand for money or other
upon his person, honor or property or that condition is imposed, even though is
of his family of any wrong amounting to a unlawful.
crime and demanding money or imposing Note:
other condition, even though not unlawful  In light threat, the wrong threatened does
and the attained his purpose. not amount the crime.
2. By making such threat without the offender  Requires that there is a demand of money
attaining his purpose. or other condition is imposed.
3. By threatening another with the infliction  Blackmailing may be punished under this
upon his person, honor or property or that provision.
of his family of any wrong amounting to a
crime, the threat no being subject to a Art.284.Bond for good behavior- In all cases falling
condition.. within the two next preceding articles, the person
Note: making the threats may also be required to give
 Aggravating circumstances: (1) if made in bail not to molest the person threatened, or if he
writing or (2) made through a middleman. shall fail to give such bail, he shall be sentenced to
 The crime is frustrated if the threat was not destierro.
received by the person being threatened.
 Threat not made in heat of anger, because  The person making the threats under the 2
such threat would be punished as “Other preceding articles (grave and light threats)
Light Threats” may also be required by the court to give
 Grave threats may be committed by indirect bail conditioned upon the promise not to
challenge to a gun fight, even if molest the person threatened.
complainant was absent when challenge
was made; it is sufficient that threats came Art.285.Other light threats- The penalty of arresto
to knowledge of offended party menor in its minimum period or a fine not
 Threats made in connection with the exceeding 200 pesos shall be imposed upon:
commission of other crimes are absorbed
by the latter 1. Any person who, without being included in the
 The offender in grave threats does not provisions of the next preceding article, shall
demand the delivery on the spot of the threaten another with a weapon or draw such
money or other personal property asked by weapon in a quarrel, unless it be in lawful self-
him. defense.
2. Violence, threats, or intimidation, either

2. Any person who, in the heat of anger, shall material force or such display of force as
orally threaten another with some harm not would produce intimidation and control of
constituting a crime, and who by subsequent acts the will.
show that he did not persist in the idea involved in 3. Without authority of law.
his threat, provided that the circumstances of the
offense shall not bring it within the provisions of Aggravating circumstances:
Article 282 of this Code. 1. Violence of the exercise of the right of
suffrage
3. Any person who shall orally threaten to do 2. Compelling another to perform a religious
another any harm not constituting a felony. act or
3. Preventing another form exercising such
Act punishable: right or form doing such act (as amended by
1. By threatening another person with a R.A. 7890)
weapon, or by drawing a weapon in a
quarrel, unless it be in lawful self-defense. Note: The thing prevented from execution must not
2. By orally threatening another, in the heat of be prohibited by law. Otherwise, there will be no
anger, with some harm constituting a crime, coercion.
without persisting the idea involved in the
threat. Art.287.Light Coercions Any person who, by means
3. By orally threatening another with harm out of violence, shall seize anything belonging to his
constituting a felony. debtor for the purpose of applying the same to the
Note: payment of the debt, shall suffer the penalty of
 No demand for money or condition arresto mayor in its minimum period and a fine
involved equivalent to the value of the thing, but in no case
 Threat is not deliberate less than 75 pesos.
Art.286.Grave coercions- The penalty of arresto Any other coercions or unjust vexations shall be
mayor and a fine not exceeding 500 pesos shall be punished by arresto menor or a fine ranging from 5
imposed upon any person who, without authority pesos to 200 pesos, or both.
of law, shall, by means of violence, prevent
another from doing something not prohibited by Elements of par.1:
law, or compel him to do something against his 1. That the offender must be a creditor;
will, whether it be right or wrong. 2. That he seizes anything belonging to his
debtor;
If the coercion be committed for the purpose of 3. That the seizure of the thing be
compelling another to perform any religious act or accomplished by means of violence pr a
to prevent him from so doing, the penalty next display of material force producing
higher in degree shall be imposed. intimidation; and
4. That the purpose of the offender is to apply
Elements: the same to the payment of the debt.
1. That a person.. Par.2
a. Prevented other for doing something  Any other coercion or unjust vexation
not prohibited by law or  Paragraph 2 of Art.287 covers unjust
b. Compel him from something against his vexation. It includes any human conduct
will, be it right or wrong which, although not productive of some
physical or material harm would, however, commodities of any kind from him or from
unjustly annoy or vex an innocent person. said firm or corporation.
 Light only be unjust vexation if the 3rd
element (employing violence or Element of no.2:
intimidation) is absent. 1. That the offender pays the wages due a
laborer or employee employed by him by
Art.288.Other similar coercions- (compulsory means of tokens or objects.
purchase of merchandise and payment of wages 2. That those tokens or objects are other than
by means of tokens) The penalty of arresto mayor the legal tender currency of the Philippines.
or a fine ranging from 200 to 500 pesos, or both, 3. That such employee or laborer does not
shall be imposed upon any person, agent or expressly request that he be paid by means
officer, of any association or corporation who shall of tokens or objects.
force or compel, directly or indirectly, or shall
knowingly permit any laborer or employee Art.289. Formation, maintenance, and prohibition
employed by him or by such firm or corporation to of combination of capital or labor through violence
be forced or compelled, to purchase merchandise or threats The penalty of arresto mayor and a fine
or commodities of any kind. not exceeding 300 pesos shall be imposed upon
any person who, for the purpose of organizing,
The same penalties shall be imposed upon any maintaining or preventing coalitions or capital or
person who shall pay the wages due a laborer or labor, strike of laborers or lock-out of employees,
employee employed by him, by means of tokens or shall employ violence or threats in such a degree
objects other than the legal tender currency of the as to compel or force the laborers or employers in
laborer or employee. the free and legal exercise of their industry or
work, if the act shall not constitute a more serious
Acts punishable: offense in accordance with the provisions of this
1. By forcing or compelling, directly or Code.
indirectly, or knowingly permitting the
forcing or compelling of the laborer or Elements:
employee of the offender to purchase 1. That the offender employs violence or
merchandise or commodities of any kind threats, in such a degree as to compel or
from him. force the laborers or employers in the free
2. By paying the wages due his laborer or and legal exercise of their industry or work;
employee by means of token or objects and
other than the legal tender currency of the 2. That the purpose is to organize, maintain or
Philippines, unless expressly requested by prevent coalitions of capital or labor, strike
such laborer or employee. of laborers or lockout of employees.
3. If the acts shall not constitute a more
Elements of no.1: serious offense.
1. That the offender is any person, agent or
officer of any association or corporation. Chapter Three: DISCOVERY AND REVELATION OF
2. That he or such firms or corporation has SECRETS
employed laborers or employees.
3. That he force to compels, directly or Art.290. Discovering secret through seizure of
indirectly, or knowingly permits to be force correspondence The penalty of prision correccional
or compelled to purchase merchandise or in its minimum and medium periods and a fine not
exceeding 500 pesos shall be imposed upon any
private individual who in order to discover the Elements:

secrets of another, shall seize his papers or letters 1. That the offender is a manager, employee,
and reveal the contents thereof. or servant;
2. That he learns the secret of his principal or
If the offender shall not reveal such secrets, the master in such capacity; and
penalty shall be arresto mayor and a fine not 3. That he reveals such secrets.
exceeding 500 pesos.
Note: Damage is not required by this article.
The provision shall not be applicable to parents,
guardians, or persons entrusted with the custody Art.292. Revelation of industrial secrets The
of minors with respect to the papers or letters of penalty of prision correccional in its minimum and
the children or minors placed under their care or medium periods and a fine not exceeding 500
study, nor to spouses with respect to the papers or pesos shall be imposed upon the person in charge,
letters of either of them. employee or workman of any manufacturing or
industrial establishment who, to the prejudice of
Elements: the owner thereof, shall reveal the secrets of the
1. That the offender is a private individual or industry of the latter.
even a public officer not in the exercise of
his official function; Elements:
2. That he seizes the paper or letters of 1. That the offender is a person in charge,
another; employee or workman of a manufacturing
3. That the purpose is to discover the secrets or industrial establishment;
of such another person; and 2. That the manufacturing or industrial
4. That offender is informed of the contents or establishment has a secret of the industry
the papers or letters seized. which the offender has learned;
Note: 3. That the offender reveals such secrets; and
 This article is not application to parents 4. That prejudice is caused to the owner.
with respect to their minor children or to
spouses with respect to the papers or Note:
letters of either of them.  Prejudice is an essential element of this
 Contents of the correspondence need not offense.
be secret. The purpose of the offender  The revelation of the secret might be made
prevails. after the employee or workman had
 Qualifying circumstance: when the offender ceased to be connect connected with the
reveals the contents of such papers or establishment.
letters to a 3rd person.
 This article does not require that the A. R.A.4200(anti-wire tapping act)
offended party be prejudiced.
Person liable:
Art.291. Revealing secrets with abuse of office The 1. Any person, not being authorized by all the
penalty of arresto mayor and a fine not exceeding parties to any private communication or
500 pesos shall be imposed upon any manager, spoken word:
employee, or servant who, in such capacity, shall a. Taps any wire or cable; or
learn the secrets of his principal or master and b. Uses any other device or arrangement,
shall reveal such secrets. to secretly overhear, intercept, or
record such communication or spoken
word by using a device commonly purpose, any communication, message,

known as a Dictaphone or Dictograph conversation, discussion, or spoken or
or walkie-talkie or tape recorder, or written words between members of a
however otherwise described. judicially declared and outlawed terrorist
2. Any person, whether or not a participant in organization, association, or group of
the above-mentioned acts: person or any person charged with or
a. Knowingly possesses any tape record, suspected of the crime of terrorism or
wire record, disc record, or any other conspiracy to commit terrorism.
such record or copies thereof of any  Provided, That surveillance, interception
communication or spoken word; or and recording of communication between
b. Replays the same for any other lawyer and clients, doctors and patients,
person/s; or journalists and their sources and
c. Communicates the contents thereof, confidential business correspondence shall
either verbally or in writing, to any not be authorized.
other person; or
d. Furnishes transcription thereof, Restriction of travel (sec.26)
whether complete or partial, to any  In case where evidence of guilt is not
other person. strong, and the person charged with the
 A peace officer is exempt from liability if his crime of terrorism or conspiracy to commit
acts were done under lawful order of the terrorism is entitle to bail and is granted
count. However he can only use the the same, the court, upon application by
recording for the case for which it was the prosecutor, shall limit the right of travel
validly requested. of the accused to within the municipality or
 Information obtained in violation of the act city where he reside or where the case is
is inadmissible in evidence in any hearing or pending, in the interest of national security
investigation. and public safety, consistent with article III,
 An extension phone is not one of those section 6 of the constitution.
prohibited under R.A.4200. There must be  Travel outside of municipality or city,
either a physical interruption through the without the authorization of the court,
wiretap or the deliberate installation of a shall be deemed a violation of the terms
device or arrangement in order to overhear, and conditions of his bail, which shall then
intercept or record the spoken words. be forfeited as provided under rules of
court.
B. R.A.9372 (HUMAN SECURITY ACT 2007)  He or she may also be placed under house
Surveillance of Suspect (sec.7) arrest by order of the court at his or her
The provision of republic act no. 4200 ( usual place of residence.
Anti-wire tapping law) to the contrary  While under house arrest, he or she may
notwithstanding, a police or law not use telephones, cell phones, emails,
enforcement official and the members of computers, the internet or other means of
his team may, upon a written order of the communications with people outside
court of appeals, listen to intercept and ordered by the court.
record, with the use of any mode, form,  The restriction abovementioned shall be
kind or type of electronics or other terminated upon the acquittal of the
surveillance equipment or intercepting and accused or of the dismissal of the case filed
tracking device, or with the use of any against him or earlier upon the discretion of
other suitable ways and means for that
the court on motion of the prosecutor or of deposits, placement, trust accounts, assets,
the accused. and records:
o (1) of a person charged with
Examination of bank deposits and documents: suspected of the crime of terrorism
1. Judicial authorization(Sec.27) or conspiracy to commit terrorism,
 The provision of republic act no. 1405 as o (2) of any judicially declared and
amended, to the contrary notwithstanding, outlawed terrorist organization,
the justices of court of appeals designated association, or group of persons, or
as a special court to handle anti- terrorism o (3) of any member of such
cases after satisfying themselves of the organization, association, or group
existence of probable cause in a hearing of persons in a bank or financial
called for that purpose that institution, and the gathering of any
o (1) a person charged with or relevant information about the
suspected of the crime of terrorism same from said bank or financial
or conspiracy to commit terrorism institution,
o (2) of a judicially declared and  Shall not only be granted by the authorizing
outlawed terrorist organization, division of the court of appeals upon an ex
association, or group of persons, parte application to that effort of a police or
and a of law enforcement official who has been
o (3) of a member of such judicially duly anti-terrorism council created in
declared and outlawed section 53 of this act to file such ex parte
organization, association, or group applicant and the witnesses he may
of persons produce to establish the facts that will
 May authorize in writing any police or law justify the need and urgency of examining
enforcement officer and the members of and freezing the bank deposits, placements,
his/her team duly authorized in writing by trust accounts, assets, and records:
the anti-terrorism council to: o (1) of the person charged with or
o (a) Examine, or cause the suspected of the crime of terrorism
examination of, the deposits, or conspiracy to commit terrorism,
placement trust account, assets and o (2) of a judicially declared and
record in a bank or financial outlawed terrorist organization,
institution. association or group of persons, or
o (b) gather or cause the gathering of o (3) of any member of organization,
any relevant information about association, or group member of
such deposits, placements, trust persons.
accounts, assets, and records from Unauthorized revelation of classified materials
a bank or financial institution (sec.46)
concerned shall not refuse to allow  Any person, police or law enforcement
such examination or to provide the agent, judicial officer or civil servant who,
desired information, when so not being authorized by the court of
ordered by served with the written appeals to do so, reveals in any member or
order of the court of appeals form any classified information under this
2. Application (sec.28) act.
 The written order of the court of appeals C. Republic act no.9208
authorizing the examination of bank (Anti-trafficking in persons act of 2003)
Section4.Acts of trafficking in persons.- It shall be (h) To recruit, transport or adopt, a child

unlawful for any person, natural or judicial, to engage in armed activities in the Philippines
commit any of the following acts: or abroad.
(a) To recruit, transport, transfer; harbor, Section5. Act that promote trafficking in persons.-
provide, or receive a person by any means, the following acts which promote of facilitate
including those done under the pretext of trafficking in persons, shall be unlawful:
domestic or overseas employment or (a) To knowing lease or sublease, use or allow
training or apprenticeship, for the purpose to be used any house, building or
of prostitution, pornography, sexual establishment for the purpose of promoting
exploitation, labor, slavery, involuntary trafficking in persons;
servitude, or debt bondage; (b) To produce, print and issue or distribute
(b) To introduce or match for money, profit, or unissued, tampered or fake counseling
material, economic or other consideration, certificates, registration stickers and
any person or, as provided for under certificates any government agency which
republic act no. 6955, any Filipino woman issues these certificates and stickers as
to a foreign national, for marriage for the proof of compliance with government
purpose of acquiring, buying, offering, regulatory and pre-departure requirements
selling, or trading him/ her to engage in for the purpose of promoting trafficking in
prostitution, pornography, sexual persons;
exploitation, forced labor, slavery, (c) To advertise, publish, print, broadcast or
involuntary servitude or debt bondage; distribute, or cause the advertisement,
(c) To offer or contract marriage, real or publication, printing, broadcasting or
stimulated, for the purpose of acquiring, distribution by any means, including the use
buying, offering, selling, or trading, them to of information technology and the internet,
engage in prostitution, pornography, sexual of any brochure, flyer, or any propaganda
exploitation, forced labor or slavery, material that promotes trafficking in
involuntary servitude or debt bondage; persons:
(d) To undertake or organize tours and travel (d) To assist in the conduct of
plans consisting of tourism package or misrepresentation or fraud for purpose of
activities for the purpose of utilizing and facilitating the acquisition of clearances and
offering persons for prostitution, necessary exit documents from government
pornography or sexual exploitation; agencies that are mandated to provide pre-
(e) To maintain or hire a person to engage in departure registration and services for
prostitution or pornography; departing persons for the purpose of
(f) To adopt or facilitate the adoption of promoting trafficking in persons;
persons for the purpose of prostitution, (e) To facilitate, assist or help in the exit and
pornography, sexual exploitation, forced entry of persons from/ to the country at
labor, slavery involuntary servitude or debt international and local airports, territorial
bondage; boundaries and seaports who are in
(g) To recruit, hire, adopt, transport, or abduct possession of unissued, tampered or
a person, by means of threat or use of fraudulent travel documents for the
force, fraud, deceit, violence, coercion, or purpose of promoting trafficking in person;
intimidation for the purpose of removal or (f) To confiscate, conceal, or destroy the
sale of organs of said person; and passport, travel documents, or personal
documents or belongings of trafficked
persons in furtherance of trafficking or to
prevent them from leaving the country or Chapter one: robbery in general
seeking redress from the government or
appropriate agencies; and Art.293. Who are guilty of robbery-Any person
(g) To knowingly benefit from, financial or who, with intent to gain, shall take any personal
otherwise, or make use of, the labor or property belonging to another, by means of
services of a person held to condition of violence or intimidation of any person, or using
involuntary servitude, forced labor, or force upon anything shall be guilty of robbery.
slavery.
Section6. Qualified trafficking in persons.- the Elements of Robbery in general:

following are considered as qualified trafficking: 1. That there be personal property belonging
(a) When the trafficked person is a child; to another (bienes muebles)
(b) When the adoption is effected through 2. That there is unlawful taking of that
Republic act no.8043, otherwise known as property (apoderamiento or asportacion)
the “Inter-Country Adoption act of 1995” 3. That the taking must be with intent to gain;
and said adoption is for the purpose of (animus lucradi)
prostitution, pornography, sexual 4. That there is violence against or
exploitation, forced labor, slavery, intimidation of any person, or force upon
involuntary servitude or debt bondage; anything.
(c) When the crime is committed by a
syndicate, or in large scale. Trafficking is Legal possession is sufficient
deemed committed by a syndicate if carried Person from whom property was taken need not be
out by group of three (3) or more person owner. Legal possession is sufficient.
conspiring or confederating with one
another. It is deemed committed in large General rule: The identity of the real owner is not
scale if committed against three (3) or more essential so long as the personal property taken
persons, individually or as a group; does not belong to the accused.
(d) When the offender is an ascendant, parent,
sibling, guardian or a person who exercises Exemption: If the crime is robbery with homicide
authority over the trafficked person or
when the offense is committed by a public Taking must be unlawful
officer or employee; The taking of personal property must be unlawful to
(e) When the trafficked person is recruited to constitute robbery. If the property is in possession
engage in prostitution with any member of of the offender given to him in trust by owner, the
the military or law enforcement agencies; crime is estafa.
(f) When the offender is a member of military
or law enforcement agencies; and In robbery with violence unlawful taking is
(g) When by reason or on occasion of the act of complete even if offender had no opportunity to
trafficking in persons, the offended party dispose of the property
dies, becomes insane, suffers mutilation or As to robbery w/ force upon things, thing must be
is afflicted with human Immunodenficiency taken out of the building in order to consummate
Virus (HIV) or the Acquired Immune robbery.
Deficiency Syndrome (AIDS). Intent to gain is presumed from unlawful taking of
personal property.
11. Crimes against property
Taking must not be under a claim of title
The unlawful taking must not be under the claim of “Carnapping” is the taking with intent to gain, of a
title or ownership. motor vehicle belonging to another without the
latter’s consent, or by means of violence against or
If there is no intent to gain but there is violence in intimidation persons, or by using force upon things.
the taking, robbery is not committed when there is “motor vehicle” is any vehicle propelled by any
no intent to gain but there is violence in the taking power other than muscular power using the public
the crime is grave coercion. highways, but excepting roads rollers, trolley cars,
street sweepers, sprinklers, lawn mowers,
bulldozers, graders, fork-lifts, amphibian trucks, and
Violence must be committed against the person cranes if not used on public highways, vehicles,
The violence of intimidation must be committed which run only on rails or tracks, and tractors,
against the person of the offended party, not upon trailers and traction engines of all kinds used
the thing taken. exclusively for agricultural purposes. Trailers having
any number of wheels, when propelled or intended
General rule: violence or intimidation must be to be propelled by attachment to a motor vehicle,
present before the “taking” is complete. shall be classified as separate motor vehicle with no
Exception: when violence result in homicide, rape, power rating.
intentional mutilation or any of the serious physical
injuries in paragraph 1 and 2 of art. 263 (serious “defacing or tampering with” a serial number is
Physical Injuries), the taking of the property is erasing , scratching, altering or changing of the
robbery complexed with any of these crimes under original factory-inscribed serial number on the
art.294, even if the taking is already complete when number on the number on the motor vehicle
violence was used by the offender. engine, engine block or chassis of any vehicle.
Whenever any motor vehicle is found to have a
If committed with violence and force upon things, serial number on its motor engine, engine block or
the crime committed is robbery with violence chassis which different from that which is listed in
against persons the records of the bureau of customs for motor
When both violence or intimidation and force upon vehicles imported into the Philippines, that motor
things concur in committing the crime, it is robbery vehicle shall be considered to have defaced or
w/ violence against persons. tampered with serial number.
If thing taken is a real property, the crime may be “Repainting” is changing the color of a motor
usurpation vehicle by means of painting. There is repainting
If not personal property but real property or rights whenever the new color of a motor vehicle is
crime may be usurpation different from its color as registered in the land
transportation commission.
Carnapping is applicable when property taken is a
motor vehicle “body-building” is a job undertaken on a motor
vehicle in order to replace its entire body.
A. R.A. 6539 (anti-carnapping act)
Section2. Definition of terms. The terms “Remodeling” is the introduction of some changes
“carnapping”, “motor vehicle”, “defacing or in the shape or form of the body of the motor
tampering with”, “repainting”, “bodybuilding”, vehicle.
“remodeling”, “dismantling”, and “overhauling”, as
used in this act, shall be understood, respectively, “Dismantling” is the tearing apart, piece by piece or
to mean part by part, of a motor vehicle.
conveyance, substitution or replacement of a motor

“Overhauling” is the cleaning or repairing of the vehicle engine, engine block or chassis of a motor
whole engine of a motor vehicle by separating the vehicle shall be registered with the Land
motor engine and its parts from the body of the Transportation Commission. Motor vehicles
motor vehicle. assembled and rebuilt or repaired by replacement
with motor vehicles engines, engine blocks and
Section3. Registration of motor vehicle engine, chassis not registered with the Land Transportation
engine block and chassis. Within one year after Commission shall not be issued certificates of
approval of this act, every owner or possessor of registration and shall be considered as untaxed
unregistered motor vehicle or part thereof in knock imported motor vehicles or motor vehicles
down condition shall register with the land carnapped or proceeding from illegal sources.
transportation commission the motor vehicle
engine, engine block and chassis in his name or in Section 6. Original registration of motor vehicles.
the name of the real owner who shall be readily Any person seeking the original registration of
available to answer any claim over the registered motor vehicle, whether that motor vehicle is newly
motor vehicle engine, engine block or chassis. assembled or rebuilt or acquired from a registered
Thereafter, all motor vehicle engines, engine blocks owner, shall within one week after the completion
and chassis not registered with the Land of the assembly or rebuilding job or the acquisition
Transportation Commission shall be considered as thereof from the registered owner, apply to the
untaxed importation or coming from an illegal Philippine constabulary for clearance of the motor
source or carnapped, shall be confiscated in favor of vehicle for registration with the Land
the Government. Transportation commission. The Philippine
All owners of motor vehicle in all cities and constabulary shall upon receipt of the application,
municipalities are required to register their cars verify if the motor vehicles or or its numbered parts
with local police without paying any charges. are in the list of carnapped motor vehicles or stolen
motor vehicle parts. If the motor vehicle or any of
Section4. Permanent registry of motor vehicle its numbered parts is not in that list , the Philippine
engines, engine blocks and chassis. The Land Constabulary shall forthwith issue a certificate of
Transportation Commission shall keep a permanent clearance. Upon presentation of the certificate of
registry of motor vehicle engines, engine blocks and clearance from the Philippine Constabulary and
chassis of all motor vehicles, specifying therein their after verification of the registration of the motor
type, make and serial numbers and stating therein vehicle engine, engine block and chassis, the Land
the names and addresses of their present and Transportation Commission shall register the motor
previous owners. Copies of the registry and of all vehicle in accordance with existing laws, rules and
entries made thereon shall be furnished the regulation.
Philippine constabulary and all land transportation
commission regional, provincial and city branch Section 7. Duty of Collector of Custom to report
offices: Provided, that all land transportation arrival of imported motor vehicle, etc.. The
commission regional, provincial and city branch Collector of Customs of a principal port of entry
offices are likewise obliged to furnish copies of all where an imported vehicle, motor vehicle engine,
registration of motor vehicles to the main office and engine block chassis or body is unloaded, shall,
to the Philippine constabulary. within seven days after the arrival of the imported
motor vehicle or any of its parts enumerated
Section5. Registration of sale, transfer, conveyance, herein, make a report of the shipment to the Land
substitution or replacement of a motor vehicle Transportation Commission, specifying make, type
engine, engine block or chassis. Every sale, transfer, and serial numbers, if any, of the motor vehicle
engine, engine block and chassis or body, and or rebuilt together with the names and addresses of
stating the names and addresses of the owner or the sources thereof.
consignee thereof. If the motor vehicle engine,
engine block, chassis or body does not bear any In case of motor vehicle engines to be mounted on
serial number, the Collector of Customs concerned motor boats motor bancas and other light water
shall hold the motor vehicle engine, engine block, vessels, the applicant shall secure a permit from the
chassis or body until it is numbered by the Land Philippine Coast Guard, which office shall in turn
Transportation Commission. furnish the Land Transportation Commission the
pertinent data concerning the motor vehicles
Section 8. Duty of Importers, distributors and sellers engines including their type, make and serial
of motor vehicles to keep record of stocks. Any numbers.
person engaged in the importation, distribution,
and buying and selling of motor vehicles, motor Section 11. Clearance required for shipment of
vehicle engines, engines blocks, chassis or body, motor vehicles, motor vehicles engines, engines
shall keep a permanent record of is stocks, stating block, chassis or body. Any person who owns or
therein their type, make and serial numbers, and operates inter-island shipping or any water
the names and addresses of the persons from transportation with launches, boats, vessels or ships
whom they were acquired and the names and shall within seven days submit a report to the
addresses of the persons to whom they were sold, Philippine Constabulary on all motor vehicle, motor
and shall render an accurate monthly report of his vehicle engines, engine blocks, chasis or bodies
transactions in motor vehicles to the Land transported by it for the motor vehicle, motor
Transportation Commission. vehicle engine, engine block, chassis or body to be
loaded on board the launch, boat vessel or ship.
Section 9.Duty of the manufacturers of engine
blocks, chasis or body manufactured. Any person Section12. Defacing or tampering with serial
engaged in the manufacture of engine blocks, numbers of motor vehicle engines, engine blocks
chassis or body shall cause the numbering of every and chassis. It shall be unlawful for any person to
engine block, chassis or body manufactured in a deface or otherwise tamper with the original or
convenient and conspicuous part thereof which registered serial number of motor vehicle engines,
Land Transportation Commission may direct for the engine blocks and chassis
purpose of uniformity and identification of the
factory and shall submit to the Land Transportation Section 13. Penal Provisions. Any person who
Commission a monthly report of the manufacture violates any provisions of this Act shall be punished
and sale of engine blocks, chassis or body. with imprisonment for not less than two years nor
more than six years and a fine equal in amount to
Section 10. Clearance and permit required for the acquisition cost of the motor vehicle, motor
assembly or rebuilding of motor vehicles. Any vehicle engine or any other part involved in the
person who shall undertake to assemble or rebuild violation: Provided, That if the person violating any
or cause the assembly or rebuilding of a motor provision of this Act is a juridical person, the penalty
vehicle shall first secure a certificate of clearance herein provided shall be imposed on its president or
from the Philippine Constabulary, provided, That no secretary and/or members of the board of directors
such permit shall be issued unless the applicant or any of its president or secretary and/or members
shall present a statement under oath containing the of the board of directors or any of its officers and
type, make and serial numbers of the engine, employees who may have directly participated in
chassis and body, if any, and the complete list of the the violation.
spare parts of the motor vehicles to be assembled
Any government official or employee who directly Grave coercion intimidation is immediate
commits the unlawful acts defined in this Act or is and offended party is compelled to do
guilty gross negligence of duty or connives with or something against his will (w/n right or
permits the commission of any of the said unlawful wrong)
act shall, in addition to the penalty prescribed in the
preceding paragraph, be dismissed from the service Difference of Robbery and Bribery
with prejudice to his reinstatement and with  In robbery X didn’t commit crime but is
disqualification from voting or being voted for in intimidated to deprive him of his
any election and from appointment to any public property while in bribery X has
office. committed a crime and gives money as
way to avoid arrest or prosecution
Section 14. Penalty for Carnapping. Any person who  In Robbery the money is deprived
is found guilty of carnapping, as this term is defined through force or intimidation while in
in Section Two of this Act, Shall, irrespective of the Bribery giving is voluntary
value of motor vehicle taken, be punished by  In bribery transaction is voluntary and
imprisonment for not less than fourteen years and mutual while in robbery it is neither.
eight months and not more than seventeen years Ex. Accused demands payment of P
and four months and not more than thirty years, 2.00 with threats of arrest and
when the carnapping is committed by means of prosecution, therefore, robbery is
violence against or intimidation of any person, or because of intent to gain and
force upon things; and the penalty of life immediate harm
imprisonment to death shall be imposed when the
owner, driver or occupant of the carnapped motor For the appellant to be guilty of consummated
vehicle is killed in the commission of the robbery, there must be incontrovertible proof that
carnapping. property was taken from the victim. The appellant is
guilty of attempted robbery only when he
RA 6539 is applicable when property taken in commences the commission of robbery directly be
robbery is a motor vehicle (Carnapping: taking with overt acts and does not perform all the acts of
intent to gain of motor vehicle belonging to another execution which would produce robbery by reason
without the latter’s consent, or by means of of some causes or accident other than his own
violence against or intimidation of persons or by spontaneous desistance. (People v. Bocalan 2003)
using force upon things; unqualified- 14 years and 8
months to 17 years and 4 months; violence/force Section 1- Robbery with violence or against
upon things- 17 years and 4 months to 30 years; intimidation of persons
occupant killed or raped- reclusion perpetua to
death) Art 294. Robbery with violence against or
intimidation of persons; Penalties. - Any person
Difference of Robbery with violence, Grave guilty of robbery with the use of violence against
threats, Grave coercion or intimidation of any person shall suffer:
1. The penalty of reclusion perpetua to death,
 In Robbery with violence there is intent to when by reason or on occasion of the robbery, the
gain; while in Grave threats and Grave crime of homicide shall have been committed.
coercion there is no intent to gain. 2. The penalty of reclusion temporal in its
 In Robbery with violence there is immediate mtedium period to reclusion perpetua when the
harm; in Grave threats there is intimidation robbery shall have been accompanied by rape or
and promises some future harm. And in intentional mutilation, or if by reason or on
occasion of such robbery, any of the physical the commission of the robbery is carried to
injuries penalized in subdivision 1 of Article 263 a degree clearly unnecessary for the
shall have been inflicted; Provided, however, that commission of the crime.
when the robbery accompanied with rape is 6. When in the course of its execution, the
committed with a use of a deadly weapon or by offender shall have inflicted upon any
two or more persons, the penalty shall be person not responsible for the commission
reclusion perpetua to death (As amended by PD of the robbery any of the physical injuries in
No. 767). consequence of which the person injured:
3. The penalty of reclusion temporal, when by Becomes deformed, Loses any other
reason or on occasion of the robbery, any of the member of his body, Loses the use thereof,
physical injuries penalized in subdivision 2 of the Becomes ill or incapacitated for the
article mentioned in the next preceding paragraph,  performance of the work in which he is
shall have been inflicted. habitually engaged for more than 90 days,
4. The penalty of prision mayor in its maximum Becomes ill or incapacitated for labor for
period to reclusion temporal in its medium period, more than 30 days
if the violence or intimidation employed in the
commission of the robbery shall have been carried 7. If the violence employed by the offender
to a degree clearly unnecessary for the does not cause any of the serious physical
commission of the crime, or when the course of its injuries defined in Art.263, or if the
execution, the offender shall have inflicted upon offender employs intimidation only.
any person not responsible for its commission any
of the physical injuries covered by sub-divisions 3 Special complex crimes with specific penalties
and 4 of said Article 23. prescribed:
5. The penalty of prision correccional in its 1. Robbery with homicide is committed if
maximum period to prision mayor in its medium original design is robbery and homicide was
period in other cases. (As amended by R. A. 18). committed although homicide precedes the
robbery by an appreciable time. If original
Acts punishable as robbery with violence against or design is not robbery but robbery was
intimidation of persons: committed after homicide as an
1. When by reason or on occasion of the afterthought, offender committed 2
robbery the crime of homicide is committed separate offenses of robbery and homicide.
2. When the robbery is accompanied by: Rape, The crime is still robbery with homicide if
Intentional mutilation, Arson the person killed was an innocent bystander
3. When by reason or on occasion of such and not the person robbed and even if the
robbery, any of the physical injuries death supervened by mere accident.
resulting in: Insanity, Imbecility, Impotency, 2. In robbery with rape, the intent to commit
Blindness is inflicted robbery must precede rape. Prosecution of
4. When by reason or on occasion of robbery, the crime need not by by the offended
any of the physical injuries resulting in the: party and the fiscal can sign the
Loss of the use of speech, Loss of the power information. When rape and homicide co-
to hear or to smell, Loss of an eye, a hand, a exist in a robbery, rape should be
foot, an arm  or a leg, Loss of the use of any considered as aggravating only and the
of such  member, Incapacity for the work in crime is still robbery with homicide.
which the  injured person is theretofore 3. Robbery with intimidation is committed
habitually engaged is inflicted when the acts done by the accused, by their
5. If the violence or intimidation employed in own nature or by reason of the
circumstances, inspire fear in the person in the respective conveyances, or on a street, road,
against whom the acts are directed. highway, or alley, and the intimidation is made
with the use of a firearm, the offender shall be
 As correctly stressed by the solicitor punished by the maximum period of the proper
general, robbery with homicide is a “special penalties.
complex crime”. It is enough that in order In the same cases, the penalty next higher in
to sustain a conviction for this crime, the degree shall be imposed upon the leader of the
killing, which is designated as “homicide, band.
has a direct relation to the robbery, Qualifying circumstances in robbery with violence
regardless of whether the latter takes place or intimidation of persons:
before or after the killing. For as long as the
killing is merely accidental, robbery with If any of the offenses defined in subdivisions 3,4
homicide is committed. (people vs. comiling and 5 of Art. 294 is committed—
2004) 1. in an uninhabited place, or
2. by a band, or
 Well entrenched in this jurisprudence is the 3. by attacking a moving train, street car,
doctrine that when homicide takes place as motor vehicle or airship, or
a consequence or on occasion a robbery, all 4. by entering the passenger’s compartments
those who took part in the robbery are in a train, or in any manner taking the
guilty as principals in the special complex passengers thereof by surprise in the
crime of robbery with homicide, even if respective conveyances, or
they did not actually took part in the 5. on a street, road, highway, or alley and the
homicide. The only exception is when it is intimidation is made with the use of
clearly shown that the accused endeavored firearms.
to prevent the unlawful killing. (PEOPLE vs.
BOLINGET 2003) NOTE:
 the qualifying circumstances of robbery
 There is no crime of robbery with multiple with violence or intimidation must be
homicide under the revised penal code. The alleged in the information and proved
crime is robbery with homicide during the trial.
notwithstanding the number of homicides  Being qualifying circumstances, they cannot
committed on the occasion of the robbery be offset by generic mitigating
and even if murder, physical injuries and circumstances.
rape were also committed on the same  This article will not apply to the special
occasion. (PEOPLE VS HIJADA 2004) complex crimes of robbery with homicide,
with rape, or with serious physical injuries
Art. 295. Robbery with physical injuries, under paragraph 1 of article 263.
committed in an uninhabited place or by a band,
or with the use of firearm on the street, road or Art. 296. Definition of a band and penalty incurred
alley- If the offenses mentioned in subdivisions by members thereof -- When more than three
three, four, and five of the next preceding article armed malefactors take part in the commission of
shall have been committed in an uninhabited place a robbery, it shall be deemed to have been
or by a band, or by attacking a moving train, street committed by a band. When any of the arms used
car, motor vehicle or airship, or by entering the in the commission of the offense be an unlicensed
passenger's compartments in a train or, in any firearm, the penalty to be imposed upon all the
manner, taking the passengers thereof by surprise malefactors shall be the maximum of the
corresponding penalty provided by law, without reclusion perpetua, unless the homicide
prejudice of the criminal liability for illegal committed shall deserve a higher penalty under
possession of such unlicensed firearms. the provisions of this Code.
Any member of a band who is present at the  same penalty, whether robbery is
commission of a robbery by the band, shall be attempted or frustrated, as long is homicide
punished as principal of any of the assaults is committed by reason or on occasion
committed by the band, unless it be shown that he thereof.
attempted to prevent the same.  Where the offense is attempted or
frustrated robbery with serious physical
When at least four armed malefactors take part in injuries, art 48 (complex crimes) is
the commission of a robbery, it is deemed applicable
committed by a band.
Art. 298. Execution of deeds by means of violence
Requisites for liability for the acts of the other or intimidation Any person who, with intent to
members of the band: defraud another, by means of violence or
1. that the accused was a member of the intimidation, shall compel him to sign, execute or
band; deliver any public instrument or documents, shall
2. that he was present at the commission of a be held guilty of robbery and punished by the
robbery by that band; penalties respectively prescribed in this Chapter.
3. that the other members of the band
committed an assault; and Element:
4. that he did not attempt to prevent the 1. that the offender has intent to defraud
assault another;
2. that the offender compels him to sign,
Conspiracy is presumed when 4 or more armed execute, or deliver any public instrument or
persons committed robbery. document; and
3. that the compulsion is by means of violence
In robbery committed by a band, all are liable for or intimidation.
any assault committed by a band, all are liable for
any assault committed by the band, unless the NOTE:
others attempted to prevent the assault.  this article is not applicable if the document
is void.
NOTE: the special aggravating circumstance of “use  Applies even if the document signed or
of unlicensed firearm” mentioned in Article 296 is executed or delivered is a private
applicable only to cases of robbery committed by a commercial document.
band therein defined, which fall within scope of
and are punishable under article 295 (as amended) Section 2.— Robbery by the use of force upon
in relation to subdivisions (3), (4) and (5) of article things
294.
Art. 299. Robbery in an inhabited house or public
Art. 297. Attempted or frustrated robbery with building or edifice devoted to worship- Any armed
homicide committed under certain circumstances person who shall commit robbery in an inhabited
When by reason or on occasion of an attempted or house or public building or edifice devoted to
frustrated robbery a homicide is committed, the religious worship, shall be punished by reclusion
person guilty of such offenses shall be punished by temporal, if the value of the property taken shall
reclusion temporal in its maximum period to exceed 250 pesos, and if:
(a) The malefactors shall enter the house or c. by using false keys, picklocks or
building in which the robbery was similar tools, or
committed, by any of the following means: d. by using any fictitious name or
1. Through a opening not intended for entrance or pretending the exercise of public
egress. authority; and
2. By breaking any wall, roof, or floor or breaking 3. that once inside the building, the offender
any door or window. took personal property belonging to
3. By using false keys, picklocks or similar tools. another with intent to gain.
4. By using any fictitious name or pretending the
exercise of public authority. INHABITED HOUSE, DEFINED
Or if - Inhabited house is any shelter, ship or vessel
(b) The robbery be committed under any of the constituting the dwelling of one or more person
following circumstances: even though temporarily absent therefrom when
1. By the breaking of doors, wardrobes, chests, or robbery is committed. It includes dependencies,
any other kind of locked or sealed furniture or courts, corals, barns, etc. it does not include
receptacle; orchards and lands for cultivation.
2. By taking such furniture or objects to be broken
or forced open outside the place of the robbery. IF THERE IS NO ENTRY THERE IS NO ROBBERY
When the offenders do not carry arms, and the In robbery by use of force upon things, it is
value of the property taken exceeds 250 pesos, the necessary that offender enters the building or
penalty next lower in degree shall be imposed. where object may be found. When there was no
The same rule shall be applied when the offenders entry, no robbery was committed.
are armed, but the value of the property taken
does not exceed 250 pesos. THE ENTIRE BODY MUST BE INSIDE THE PLACE TO
When said offenders do not carry arms and the CONSTITUTE ENTERING
value of the property taken does not exceed 250 Whole body must be inside the house, public
pesos, they shall suffer the penalty prescribed in building or place devoted to worship to constitute
the two next preceding paragraphs, in its minimum entering.
period.
If the robbery be committed in one of the THERE MUST BE INTENTION TO TAKE PERSONAL
dependencies of an inhabited house, public PROPERTY
building, or building dedicated to religious In entering the building, the offender must have an
worship, the penalties next lower in degree than intention to take personal property. (People vs
those prescribed in this article shall be imposed. Tayag)
Elements of robbery with force upon things under PUBLIC BUILDING

subdivision (a): Public Building includes every building owned,
1. that the offender entered (a) an inhabited rented or used by the government although owned
house, or (b) public building, or (c) edifice by private persons or temporarily vacant.
devoted to religious worship;
2. that the entrance was effected by any of WHEN OFFENDER GOES OUT OF WINDOW IT IS
the following means: THEFT
a. through an opening not intended for Passing through an open door but getting out of a
entrance or egress, window is not robbery but theft.
b. by breaking any wall, roof or floor or
breaking any door or window,
OUTSIDE DOOR MUST BE BROKEN OR SMASHED circumstances under which he entered it;
TO CONSTITUTE ROBBERY and
To constitute robbery, the outside door must be 2. that the offender takes personal property
broken or smashed. If lick was merely removed or belonging to another with intent to gain
door was merely pushed, crime is only theft. under any of the following circumstances:
a. by breaking of doors, wardrobes,
FALSE KEYS ARE GENUINE KEYS STOLEN FROM chests, or any other kind of locked or
OWNER sealed furniture or receptacle, or
False keys are genuine keys stolen from the owner b. by taking such furniture or objects away
or any keys other that those intended by the owner to be broken or forced open outside the
for use in the lock w/c was forcibly opened by the place of the robbery.
offender.
NOTE:
PICKLOCKS  it is not necessary that the entrance was
Picklocks are those specially adopted for made through any of the means mentioned
commission of the robbery. in subdivision (a).
 Offender may be servants or guests.
THE KEY MUST NOT BE STOLEN BY FORCE,  Destruction of keyhole of cabinet is robbery
OTHERWISE IT IS ROBBERY under this subsection.
The key must have been stolen not by force.  When sealed box is taken out for the
Otherwise, it’s robbery by violence and intimidation purpose of breaking it, crime is already
against persons. consummated robbery. There is no need to
actually open it inside the building from
THE FALSE KEY MUST BE USED IN OPENING HOUSE where it was taken.
False key must have been used in opening house  But if the box was confided into the custody
and not any furniture inside. Otherwise, the crime is of accused and he takes the money
only theft. contained therein, the crime is estafa.
 The crime is theft if the box was found
GENERAL RULE: if false key/picklock was used to outside of the building and the accused
open an inside door (Ex. Door of a room) and forced it open.
offender took personal property, the crime is only
theft. Mitigating circumstance:
EXCEPTION: If the room is a separate dwelling 1. offenders do not carry arms and the value
place, crime is robbery. of the property taken exceeds 250 pesos.
2. Offenders are armed but the value does not
FICTITITUOS NAME MUST BE COMMITTED FOR THE exceed 250 pesos.
PURPOSE OF ENTERING BUILDING 3. Offenders do not carry arms and the value
The use of fictitious name or the act of pretending does not exceed 250 pesos penalty of a)
to exercise authority must be committed for the or b) in minimum period
purpose of entering the building. 4. Committed in dependencies
Elements of robbery with force upon things under Art. 300. Robbery in an uninhabited place and by a
subdivision (b): band- The robbery mentioned in the next
1. that the offender is inside a dwelling house preceding article, if committed in an uninhabited
public building, or edifice devoted to place and by a band, shall be punished by the
religious worship, regardless of the maximum period of the penalty provided therefor.
 A garage, in order to be considered as a

 Robbery in an inhabited hose, public dependency of a house must have the 3
building or edifice devoted to religious foregoing requirements.
worship is qualified when committed by a
band and in an uninhabited place.
Art. 302. Robbery in an uninhabited place or in a
Art. 301. What is an inhabited house, public private building- Any robbery committed in an
building or building dedicated to religious worship uninhabited place or in a building other than those
and their dependencies- Inhabited house means mentioned in the first paragraph of Article 299, if
any shelter, ship or vessel constituting the dwelling the value of the property taken exceeds 250 pesos,
of one or more persons, even though the shall be punished by prision correccional if any of
inhabitants thereof shall temporarily be absent the following circumstances is present:
therefrom when the robbery is committed.
1. If the entrance has been effected through any
All interior courts, corrals, water houses, granaries, opening not intended for entrance or egress.
barns, coach-houses, stables or other departments
or in closed places contiguous to the building or 2. If any wall, roof, flour or outside door or
edifice, having an interior entrance connected window has been broken.
therewith, and which form part of the whole, shall
be deemed dependencies of an inhabited house, 3. If the entrance has been effected through the
public building or building dedicated to religious use of false keys, picklocks or other similar tools.
worship.
4. If any dorm, wardrobe, chest or by sealed or
Orchards and other lands used for cultivation or closed furniture or receptacle has been broken.
production are not included in the terms of the
next preceding paragraph, even if closed, 5. If any closed or sealed receptacle, as mentioned
contiguous to the building and having direct in the preceding paragraph, has been removed
connection therewith. even if the same to broken open elsewhere.
When the value of the property takes does not
The term "public building" includes every building exceed 250 pesos, the penalty next lower in
owned by the Government or belonging to a degree shall be imposed.
private person not included used or rented by the
Government, although temporarily unoccupied by In the cases specified in Articles 294, 295, 297, 299,
the same. 300, and 302 of this Code, when the property
taken is mail matter or large cattle, the offender
 Dependencies of an inhabited house, public shall suffer the penalties next higher in degree
building or building dedicated to religious than those provided in said articles.
worship are all interior courts, corrals,
warehouses granaries or enclosed places: Elements:
1. contiguous to the building, having an 1. that the offender entered an uninhabited
interior entrance connected therewith, place or a building which was not a dwelling
and house, not a public building, or not an
2. Forming part of the whole. edifice devoted to religious worship;
2. that any of the following circumstances was
present:
a. that the entrance was effected through  When the robbery described in arts. 299
an opening not intended for entrance and 302 consists in the taking or cereals,
or egress, fruits, or firewood, the penalty is one
b. a wall, roof, floor, or outside door or degree lower.
window was broken,  The palay must be kept by the owner as
c. the entrance was effected through the “seedling” or taken for that purpose by the
use of false keys, picklocks or other robbers.
similar tools,
d. a door, wardrobe, chest or any sealed Art. 304. Possession of Picklocks or similar tools-
or enclosed furniture or receptacle was Any person who shall without lawful cause have in
broken; or his possession picklocks or similar tools especially
e. a closed or sealed receptacle was adopted to the commission of the crime of
removed, even if the same be broken robbery, shall be punished by arresto mayor in its
open elsewhere; and maximum period to prision correccional in its
3. that with intent to gain, the offender took minimum period.
therefrom personal property belonging to
another. The same penalty shall be imposed upon any
person who shall make such tools. If the offender
NOTE: be a locksmith, he shall suffer the penalty of
 this article covers the second king if robbery prision correccional in its medium and maximum
with force upon things. periods.
 uninhabited place under this article is an
uninhabited building w/c is not a dwelling Elements:
house, public building, or edifice for 1. that the offender has in his possession
worship. Ex. Warehouse, freight car, store. picklocks or similar tools;
 Robbery under this article is committed in 2. that such picklocks or similar tools are
the same manner as in art. 299. (robbery in specially adopted to the commission of
inhabited house, public building, and edifice robbery; and
devoted to religious worship) except that 3. that the offender does not have lawful
what was entered into was an uninhabited cause for such possession.
place or a bldg. other than the 3 mentioned
in Art. 299. The use of fictitious name or NOTE: actual use of the picklocks or similar tools is
pretending the exercise of public authority not necessary.
is not also included in this article.
 The breaking of padlock but not of the door Art. 305. False Keys- The term "false keys" shall be
is only theft. deemed to include:
Art. 303. Robbery of cereals, fruits, or firewood in 1. The tools mentioned in the next preceding
an uninhabited place or private building- In the articles.
cases enumerated in Articles 299 and 302, when
the robbery consists in the taking of cereals, fruits, 2. Genuine keys stolen from the owner.
or firewood, the culprit shall suffer the penalty
next lower in degree than that prescribed in said 3. Any keys other than those intended by the
articles. owner for use in the lock forcibly opened by the
offender.
False keys include: NOTE: all the members if the band are presumed
1. picklock or similar tools, brigands of any of them carries an unlicensed
2. genuine keys stolen from owner; and firearm.
3. any key other than those intended by
owner for use in the lock forcibly opened Difference of BRIGANDAGE and ROBBERY IN BAND
by the offender. 1. Brigandage is committed for purposes
enumerated in Art. 306 while Robber in
NOTE: band is committed only for the purpose of
 Possession of false keys in paragraphs (b) robbery and not necessarily in hi-way
and (c) above is not punishable. 2. In Brigandage mere formation of a band for
 If the key was entrusted to the offender and the above purpose is necessary with in
he used it to steal, crime is not robbery but Robbery in Band if the purpose is to commit
theft. a particular robbery, it is necessary to prove
that band actually committed robbery.
Chapter Two: BRIGANDAGE
Art. 307. Aiding and abetting a band of brigands-
Art. 306. Who are Brigands; Penalty- When more Any person knowingly and in any manner aiding,
than three armed persons form a band of robbers abetting or protecting a band of brigands as
for the purpose of committing robbery in the described in the next preceding article, or giving
highway, or kidnapping persons for the purpose of them information of the movements of the police
extortion or to obtain ransom or for any other or other peace officers of the Government (or of
purpose to be attained by means of force and the forces of the United States Army), when the
violence, they shall be deemed highway robbers or latter are acting in aid of the Government, or
brigands. acquiring or receiving the property taken by such
brigands shall be punished by prision correccional
Persons found guilty of this offense shall be in its medium period to prision mayor in its
punished by prision mayor in its medium period to minimum period.
reclusion temporal in its minimum period if the act
or acts committed by them are not punishable by It shall be presumed that the person performing
higher penalties, in which case, they shall suffer any of the acts provided in this article has
such high penalties. performed them knowingly, unless the contrary is
proven.
If any of the arms carried by any of said persons be
an unlicensed firearms, it shall be presumed that Elements:
said persons are highway robbers or brigands, and 1. that there is a band of brigands;
in case of convictions the penalty shall be imposed 2. that the offender knows the band to be of
in the maximum period. brigands; and
There is brigandage when— 3. that the offender does any of the following
1. at least four armed persons, acts:
2. band of robbers, and a. he in any manner aids, abets or protects
3. their purpose is any of the ff: such band of brigands, or
a. robbery in the highway b. he gives them information of the
b. kidnapping for extortion or ransom movements of the police or other peace
c. any other purpose to be obtained by officers of the government, or
means of force and violence. c. he acquires or receives the property
taken by such brigands
“Taking”: if bulky, must be taken away (when place

NOTE: surrounded by fence or wall), otherwise, the
 P.D. No. 532 defines Brigandage as the moment he had full possession of thing,
seizure of any person for: (a) ransom; (b) transportation is complete; does not need character
extortion of other unlawful purpose; or (c) of permanency
the taking away of property by violence or
intimidation or force upon things or other INTENT TO GAIN IS ESSENTIAL
unlawful means, committed by any person Intent to gain – taking must be accompanied by
on any Philippine highway. intention, at the time of taking, of withholding the
thing with character of permanency; presumed
Chapter Three: THEFT from unlawful taking of personal property of
Art. 308. Who are liable for theft. — Theft is another.
committed by any person who, with intent to gain  Intent to gain or Animus Lucrandi – it is an
but without violence against or intimidation of internal act, presumed from the unlawful taking
persons nor force upon things, shall take personal of a personal property or motor vehicle. Actual
property of another without the latter's consent. gain is irrelevant as the important consideration
is the intent to gain. The term “gain” is not
Theft is likewise committed by: merely limited to pecuniary benefit but also
1. Any person who, having found lost property, includes the benefit which in any other sense
shall fail to deliver the same to the local authorities may be derived or expected from the act which
or to its owner; is performed. Thus, the mere use of the thing
which was taken without the consent of the
2. Any person who, after having maliciously owner constitutes gain.
damaged the property of another, shall remove or
make use of the fruits or object of the damage ACTUAL GAIN IS NOT REQUIRED
caused by him; and It is not required that the offender realized actual
gain in committing theft. It is sufficient that he took
3. Any person who shall enter an enclosed estate or personal property of another with intent to gain.
a field where trespass is forbidden or which belongs
to another and without the consent of its owner, UNLAWFUL TAKING CONSUMMATES THEFT
shall hunt or fish upon the same or shall gather Indeed, we have after all held that the “UNLAWFUL
fruits, cereals, or other forest or farm products. TAKING” itself or APODERAMIENTO is deemed
complete from the moment the offender gain
Elements: possession of the thing, even if he had no
1. That there be taking of personal property; opportunity to dispose of the same.
2. That said property belongs to another;
3. That the taking be done with intent to gain;
4. That the taking be done without the In the case of People vs. Avila, it was held that the
consent of the owner; and most fundamental notion in the crime of theft is the
5. That the taking be accomplished without taking of the thing to be appropriated into the
the use of violence against or intimidation physical power the thief, which idea is qualified by
of persons or force upon things. (Baltazar other conditions such as the taking must be
vs. People, GR No. 164545, Nov. 20, 2006) affected animo lucrandi and without the consent of
the owner; and it will be here noted that the
TAKING definition does not require that the taking must be
affected against the will of the owner but merely
that it should be without his consent – a distinction misreads the meter to profit thereby, or one using
of no slight importance. (G.R. No. L-19786, March “jumper”.
31, 1923)
FOR AS LONG THE OFFENDER PLACES THING IN HIS
Insofar, we consider the present question; CONTROL, THEFT IS COMMITTED
“unlawful taking” is the most material in the Theft is consummated when the offender is able to
respect. It is the deprivation of one’s property, the place the thing taken under his control and in such a
element which produces the felony in its situation as he could dispose of it at once (although
consummated stage. At the same time, without the there is actually no opportunity to dispose).
unlawful taking, the crime shall only be in its
attempted stage. (People vs. Villanueva, GR No. QUALIFIED THEFT
160188, June 21, 2007) Servant using his employer’s car without permission
is guilty of qualified theft although his use thereof
MATERIAL POSSESSION VS. JURIDICAL POSSESSION was only temporary. However, Reyes says that
If only custody of object (i.e. only material there must be some character of permanency in
possession) was given to the accused and it is depriving the owner of the use of the object and
actually taken by him with no intent to return, the making himself the owner. Therefore, “joyride”
crime is theft. But if the juridical possession is must be deemed as qualified theft.
transferred, (ex. By a contract of bailment), given to
the accused and he takes the property with intent Persons liable for theft:
to gain, the crime is estafa. 1. Those who:
a. With intent to gain,
THEFT MAY EITHER BE ATTEMPTED OR b. But without violence against or
CONSUMMATED intimidation of persons nor force upon
With these considerations, we can only conclude things
that under Art. 308 of the RPC, theft cannot have c. Take personal property
frustrated stage. d. Of another
e. Without the latter’s consent.
Neither Diño nor Flores can convince us otherwise.
Both failed to consider that once the offenders 2. Those who:
therein obtained possession over the stolen items, a. Having found lost property
the effect of the felony has been produced as there b. Fail to deliver the same to the local
has been deprivation of property. The presumed authorities or its owner.
inability of the offenders to freely dispose the  Retention of money/property found is
property does not negate the fact that the owners theft. What is punished is the act of
have already been deprived of their right to retention or failure to return with intent to
possession upon the completion of the taking. gain.
 The offender’s knowledge of the identity of
We thus conclude that under the RPC, there is no the owner of the property is not required.
crime of frustrated theft. (People vs. Villanueva, GR His knowledge that the property is lost is
No. 160188, June 21, 2007) enough.
 The finder of the lost property is liable for
PERSONAL PROPERTY his deliberate failure to return the lost
Personal property: includes electricity and gas, property, knowing that the property does
promissory note and check. Ex. The inspector not belong to him.
3. Those who: 2. Extracting or removing the gold from such ores

a. After having maliciously damaged the or rocks and treat such ores and rocks to recover
property of another, and extract the gold therefrom without the consent
b. Remove or make use of the fruits or of the operator of the mining claim.
object of the damaged caused by them.
 Killing the cattle of another which *highgrading – selling
destroyed his (offender’s) property and
getting meat for himself is theft.
Art. 309. Penalties. — Any person guilty of theft
4. Those who hunting, fishing, or gathering shall be punished by:
fruits, etc. in an enclosed estate.
1. The penalty of prision mayor in its minimum
Elements of Par. 3, Art. 308: and medium periods, if the value of the thing
1. That there is an enclosed estate or a field stolen is more than 12,000 pesos but does not
where trespass is forbidden or which exceed 22,000 pesos, but if the value of the
belongs to another; thing stolen exceeds the latter amount the
2. That the offender enters the same; penalty shall be the maximum period of the
3. That the offender hunts or fishes upon the one prescribed in this paragraph, and one
same or gather fruits, cereals or other year for each additional ten thousand pesos,
forest or farm products in the estate or but the total of the penalty which may be
field; and imposed shall not exceed twenty years. In
4. That the hunting or fishing or gathering of such cases, and in connection with the
products is without the consent of the accessory penalties which may be imposed
owner. and for the purpose of the other provisions of
this Code, the penalty shall be termed prision
NOTE: The fishing in this article is not in the mayor or reclusion temporal, as the case may
fishpond or fishery. If the fish is taken from a be.
fishpond or fishery, the crime is qualified theft.
2. The penalty of prision correccional in its
P.D. NO. 534 punishes illegal fishing committed by medium and maximum periods, if the value of the
– 1. Any person to catch, take or gather or cause to thing stolen is more than 6,000 pesos but does not
be caught, taken or gathered fish in the Philippine exceed 12,000 pesos.
waters with the use of explosives, obnoxious or
poisonous substances or by the use of electricity; 3. The penalty of prision correccional in its
and minimum and medium periods, if the value of the
2. Any person who knowingly possesses, deals in, property stolen is more than 200 pesos but does
sells or in any manner disposes of, for profit, any not exceed 6,000 pesos.
fish, fishery/aquatic products which have been
illegally caught. 4. Arresto mayor in its medium period to prision
correccional in its minimum period, if the value of
P.D. NO. 581 punishes “highgrading” or theft of the property stolen is over 50 pesos but does not
gold committed by – exceed 200 pesos.
1. Taking gold-bearing ores from a mining claim or
mining camp, or removing, collecting or gathering 5. Arresto mayor to its full extent, if such value is
gold bearing ores or rocks in place; over 5 pesos but does not exceed 50 pesos.
6. Arresto mayor in its minimum and medium 3. The property stolen is a:

periods, if such value does not exceed 5 pesos. a. Motor vehicle,
b. Mail matter,
7. Arresto menor or a fine not exceeding 200 c. Large cattle,
pesos, if the theft is committed under the d. Coconut from the premises of a
circumstances enumerated in paragraph 3 of the plantation,
next preceding article and the value of the thing e. Fish from a fishpond or fishery, or
stolen does not exceed 5 pesos. If such value 4. Committed on the occasion of calamities,
exceeds said amount, the provision of any of the vehicular accident and civil disturbance.
five preceding subdivisions shall be made
applicable. GRAVE ABUSE OF CONFIDENCE
“Grave abuse of confidence” necessitates a high
8. Arresto menor in its minimum period or a fine degree of confidence by or with the offender and
not exceeding 50 pesos, when the value of the the offended party, (Ex. guests). Hence, when there
thing stolen is not over 5 pesos, and the offender is no confidence b/w the party, the crime is not
shall have acted under the impulse of hunger, qualified theft.
poverty, or the difficulty of earning a livelihood for
the support of himself or his family. Theft is qualified if it committed by one who has
access to the place where stolen property is kept.
The bases of the penalty in theft are: (Ex. Security guards, tellers)
1. The value of the thing stolen, and in some A bank acquires ownership of the money deposited
cases, by clients; and the employees of the bank, who are
2. The value and also the nature of the property entrusted with the possession of the money in the
taken, or bank due to the confidence reposed upon them,
3. The circumstances or causes that impelled the occupy positions of confidence. The information,
culprit to commit the crime. therefore, sufficiently allege all the essential
elements constituting the crime of Qualified Theft.
Art. 310. Qualified theft. The crime of theft shall be (People vs. Puig, GR No. 173654-765)
punished by the penalties next higher by two NOVATION THEORY APPLIES WHEN THERE IS A
degrees than those respectively specified in the CONTRACTUAL RELATIONSHIP
next preceding article, if committed by a domestic Novation theory (i.e. the victim’s acceptance of
servant, or with grave abuse of confidence, or if payment converted the offender’s liability to a civil
the property stolen is motor vehicle, mail matter obligation) applies only if there is a contractual
or large cattle or consists of coconuts taken from relationship by or with the accused and the
the premises of the plantation or fish taken from a complainant.
fishpond or fishery, or if property is taken on the
occasion of fire, earthquake, typhoon, volcanic RECLUSION PERPETUA MAY BE IMPOSED IN
eruption, or any other calamity, vehicular accident QUALIFIED THEFT
or civil disturbance. (As amended by R.A. 120 and The value of the property taken by the appellant
B.P. Blg. 71. May 1, 1980). was P194, 448. Under Art. 309, the basic penalty is
prision mayor in its minimum and medium periods
Theft is QUALIFIED if – to be imposed in the maximum period since the
value of the stolen goods exceeded P22, 000. To
1. It is committed by a domestic servant; or determine the additional years of imprisonment
2. Committed with grave abuse of confidence, prescribed in Art. 309 (1), we have to deduct P22,
or 000, thus leaving the amount of P172, 448. Next,
the net amount should be divided by P10, 000,  Possession of stolen goods is prime facie
disregarding the amount below P10, 000. Thus, 17 evidence of guilt.
years must be added to the basic penalty of the  For those engaged in sale of used second
maximum period of prision mayor minimum and hand articles – requires permit and
medium periods. clearance to sell.
This reiterated our ruling in People vs. Reyes,

where we held: RULES AND REGULATIONS OF THE ANTI-FENCING
LAW
In the crime of theft, if the value of the thing stolen
exceeds P22, 000, the penalty shall be prision Pursuant to Sec. 6 of P.D. NO. 1612
mayor in its maximum period and one year for each
additional P10, 000, but the total penalty shall not I. Definition of Terms
exceed twenty years or reclusion temporal.
However, if the crime of theft is attended by any of 1. “Used secondhand article” – any goods, article,
the qualifying circumstances which convert the item, object or anything of value obtained from
taking into qualified theft, the penalty next higher an unlicensed dealer or supplier, regardless of
by two degrees shall be imposed, that is at least, whether the same has actually or in fact been
reclusion perpetua. used.
2. “Unlicensed dealer or supplier” – any persons,

partnership, firm, corporation, association or
QUALIFIED THEFT VS. ESTAFA any other entity or establishment not licensed
When a PUV in “boundary” system entrusted to the by the government to engage in the business of
offender is sold to another, the crime is theft. On dealing in or of supplying the articles defined in
the other hand, if the motor vehicle is not used for the preceding paragraph.
public utility in “boundary” system but under
contract of lease, the crime is estafa. 3. “Store”, “establishment” or “entity” –
construed to include any individual dealing in
A. ANTI-FENCING LAW the buying and selling used secondhand articles,
as defined in paragraph hereof.
Elements of fencing:
1. The crime of robbery or theft has been 4. “Buy and Sell” – the transaction whereby one
committed; purchases used secondhand articles for the
2. The accused, who is not a principal or an purpose of resale to third persons.
accomplice in the crime of robbery or theft,
in any manner deals in any property which 5. “Station Commander” – Station Commander of
has been derived from the proceeds of the the Integrated National Police within the
said crime; territorial limits of the town or city district
3. The accused knows or should have known where the store, establishment or entity dealing
that the said property has been derived in the buying and selling of used and
from robbery or theft; and secondhand articles is located.
4. The accused has intent to gain.
II. Duty to Procure Clearance or Permit
NOTE:
1. No person shall sell or offer to sell to the public receipt of notice for the purpose thereof and
any used secondhand article as defined herein subsequent affidavits once every 15 days within
without first securing a clearance or permit for 5 days after the period covered, which shall
the purpose from the proper Station contain:
Commander if the Integrated National Police.
a. A complete inventory of such articles acquired
2. If the person seeking the clearance or permit is daily from whatever source and the names and
a partnership, firm, corporation, or association addresses of the persons from which articles
or group of individuals, the clearance or permit were acquired.
shall be obtained by or in the name of the
president, manager or other responsible officer- b. A full list of articles to be sold or offered for sale
in-charge thereof. as well as the place where the date when the
sale or offer for sale shall commence.
3. If a store, firm, corporation, partnership,
association or other establishment or entity has c. The place where the articles are presently
a branch or subsidiary and the used deposited or kept in stock.
secondhand article is acquired by such branch
or subsidiary for sale to the public, the said The Station Commander may, at his discretion
branch or subsidiary for sale to the public, the when the circumstances of each case warrant,
said branch or subsidiary shall secure the require that the affidavit submitted be
required clearance or permit. accompanied by other documents showing
proof of legitimacy of the acquisition of the
4. Any goods, article, item, or object or anything articles.
of value acquired from any source for which no
receipt or equivalent document evidencing the 2. A party required to secure a clearance or
legality of its acquisition could be presented by permitting under these rules and regulations
the present possessor or holder thereof, or the shall file an application there for with the
covering receipt or equivalent document, of Station Commander concerned. The application
which is fake, falsified or irregularly obtained, shall state:
shall be presumed as having been acquired a. The name, address and other pertinent
from an unlicensed dealer or supplier and the circumstances of the persons, in case of an
possessor or holder thereof must secure the individual or, in case of a firm, corporation,
required clearance or permit before the same association, partnership or other entity, the
can be sold or offered for sale to the public. name, address and other pertinent
circumstances of the president, manager or
III. Procedure for Procurement of Clearance or OIC.
Permits
b. The article to be sold or offered for sale to the
1. The Station Commanders concerned shall public and the name and address of the
require the owner of a store or the president, unlicensed dealer or supplier from whom such
manager or responsible officer-in-charge of a article was acquired.
firm, establishment or other entity located
within their respective jurisdictions and in In support of the application, there shall be
possession of or having in stock used attached to it the corresponding receipt or
secondhand articles as defined herein, to other equivalent document to show proof of
submit an initial affidavit within 30 days from the legitimacy of acquisition of the article.
account all considerations of right and justice in

3. The Station Commander shall examine the the case. In any case where any article is held in
documents attached to the application and may restraint, it shall be the duty of the Station
require the presentation of other additional Commander concerned to advise/notify the
documents, if necessary, to show satisfactory COA of the case and comply with such
proof of legitimacy of acquisition of the article, procedure as may be proper under applicable
subject to the following conditions: existing laws, rules and regulations.
a. If the legitimacy of the acquisition of any article 4. The Station Commander concerned shall, within
from an unlicensed source cannot be 72 hours from receipt of the application, act
satisfactorily established by the documents thereon by either issuing the clearance/permit
presented, the Station Commander shall, upon requested or denying the same. Denial of an
approval of the INP Superintendent in the application shall be in writing and shall state in
district and at the expense of the party seeking brief the reason/s therefor.
the clearance or permit, cause the publication
of a notice in a newspaper of general circulation 5. The application, clearance/permit or the denial
for two successive days enumeration therein therof, including such other documents as may
the articles acquired and shall state that such be pertinent in the implementation of Sec. 6 of
articles are to be sold or offered for sale to the PD NO. 1612 shall be in the forms prescribed in
public at the address of the store, Annexes “A”, “B”, “C”, “D”, and “E” hereof,
establishment or other entity seeking the which are made integral parts of these rules
clearance or permit. In places where no and regulations.
newspapers are in general circulation, the party
seeking the clearance or permit shall, instead, 6. For the issuance of clearances/permit required
post a notice daily for one week on the bulletin under Sec. 6 of PD NO. 1612, no fee shall be
board of the municipal building of the town charged.
where the store, firm, establishment or entity
concerned is located or, in the case of an IV. Appeals
individual, where the articles in his possession
are to be sold or offered for sale. Any party aggrieved by the action taken by Station
Commander may elevate the decision taken in the
b. If after 15 days, upon expiration of the period of case to the proper INP District Superintendent and,
publication, or of the notice referred to in the if he is still dissatisfied therewith may take the same
preceding paragraph, no claim is made with on appeal to the INP Director. The decision of the
respect to any of the articles enumerated in the INP Director may also be appealed to the INP
notice, the Station Commander shall issue the Director-General whose decision may likewise be
clearance or permit sought. appealed to the Minister of National Defense. The
decision of the Minister of National Defense on the
c. If, before expiration of the same period for case shall be final. The appeal against the decision
publication of the notice or its posting, it shall taken by a Commander lower than the INP Director-
appear that any of the articles in question is General should be filed to the next higher
stolen property, the Station Commander shall Commander within 10 days from receipt of notice
hold the article in restraint as evidence in any of the decision. The decision of the INP Director-
appropriate case to be filed. Articles held in General should be appealed within 15 days from
restraint shall be kept and disposed of as the receipt of notice of the decision.
circumstances of each case permit, taking into
V. Penalties
It shall be the duty of the owner of the store or of
1. Any person who fails to secure the clearance or the president, manager or responsible OIC of any
permit required by Sec. 6 of PD NO. 1612 or firm, establishment or other entity or of an
who violates any of the provisions of these rules individual having in his premises articles to be sold
and regulations shall upon conviction be or offered for sale to the public to allow the Station
punished as a fence. Commander or his authorized representative to
exercise visitorial powers. For this purpose,
2. The INP Director-General shall recommend to however, the power to conduct visitiations shall be
the proper authority the cancellation of the exercised only during office or business hours and
business license of the erring individual, store, upon authority in writing from and by the INP
establishment or the entity concerned. Superintendent in the district and for the sole
purpose of determining whether articles are kept in
3. Articles obtained from unlicensed sources for possession or stock contrary to the intents of Sec. 6
sale without prior compliance with the of PD No. 1612 and of these rules and regulations.
provisions of Sec. 6 of PD NO. 1612 and with
these rules and regulations shall be held in VII. Other Duties Imposed Upon Station
restraint until satisfactory evidence or Commanders and INP District Superintendent
legitimacy of acquisition has been established. and Directors Following Action on
Applications for Clearances or Permits
4. Articles for which no satisfactory evidence of
legitimacy of acquisition is established and 1. At the end of each month, it shall be the duty of
which are found to be stolen property shall the Station Commander concerned to:
likewise be held under restraint and shall,
furthermore, are subject to confiscation as a. Make and maintain a file in his office of all
evidence in the appropriate case to be filed. If, clearances/permit issued by him.
upon termination of the case, the same is not
claimed by their legitimate owners, the article/s b. Submit a full report to the INP District
shall be forfeited in favor of the government Superintendent on the number of applications
and made subject to disposition as the for clearances or permits processed by his
circumstances warrant in accordance with office, indicating therein the number of
applicable existing laws, rules and regulations. applications for clearances or permits issued
The COA, shall, in all cases, be notified. and the number of applications denied. The
report shall state the reasons for denial of an
5. Any personnel of the INP found violating the application and the corresponding follow-up
provisions of Sec. 6 of PD NO. 1612 or any of its actions taken and shall be accompanied by an
implementing rules and regulations or who, in inventory of the articles to be sold or offered
any manner whatsoever, connives with or for sale in his jurisdiction.
through his negligence or inaction makes
possible the commission of such violations by 2. The INP District Superintendent shall, on the
any party required to comply with the law and basis of the reports submitted by the Station
its IRR, shall be prosecuted criminally without Commander, in turn submit quarterly reports to
prejudice to the imposition of administrative the appropriate INP Director containing a
penalties. consolidation of the information stated in the
reports of Station Commanders in his
VI. Visitorial Power jurisdiction.
1. That the offender takes possession of any

3. Reports from INP District Superintendent shall real property or usurps any real rights in
serve as basis for the consolidated report to be property;
submitted semi-annually by INP Directors to the 2. That the real property or real rights belong
Director-General, Integrated National Police. to another;
3. That violence against or intimidation of
4. In all cases, reports emanating from the persons is used by the offender in
different levels of the INP shall be accompanied occupying real property or usurpation real
with full and accurate inventories of the articles rights in property; and
acquired from unlicensed dealers or suppliers 4. That there is intent to gain.
and proposed to be sold or offered for sale in
the jurisdictions covered by the report.
Art. 313. Altering boundaries and landmarks. Any
Art. 311. Theft of property of the National Library person who shall alter the boundary marks or
and National Museum. If the property stolen be monuments of towns, provinces, or estates, or any
any property of the National Library or the other marks intended to designate the boundaries
National Museum, the penalty shall be arresto of the same, shall be punished by arresto menor or
mayor or a fine ranging from 200 to 500 pesos, or a fine not exceeding 100 pesos, or both.
both, unless a higher penalty should be provided
under other provisions of this Code, in which case, Elements:
the offender shall be punished by such higher 1. That there be boundary marks or monuments
penalty. of towns, provinces, or estates, or any other
marks intended to designate the boundaries of
 Theft of property on national library and the same; and
museum has a fixed penalty regardless of value 2. That the offender alters the said boundary
of property taken. marks.
Chapter Four: USURPATION Chapter Five: CULPABLE INSOLVENCY
Art. 312. Occupation of real property or usurpation Art. 314. Fraudulent insolvency. Any person who
of real rights in property. Any person who, by shall abscond with his property to the prejudice of
means of violence against or intimidation of his creditors, shall suffer the penalty of prision
persons, shall take possession of any real property mayor, if he be a merchant and the penalty of
or shall usurp any real rights in property belonging prision correccional in its maximum period to
to another, in addition to the penalty incurred for prision mayor in its medium period, if he be not a
the acts of violence executed by him, shall be merchant.
punished by a fine from 50 to 100 per centum of
the gain which he shall have obtained, but not less Elements:
than 75 pesos. 1. That the offender is a debtor; that he has
If the value of the gain cannot be ascertained, a obligations due and payable;
fine of from 200 to 500 pesos shall be imposed. 2. Absconds with his property; and
3. Prejudice his creditors.
Elements:
Note: Actual prejudice to the creditors is required.
Chapter Six: SWINDLING AND OTHER DECEITS (b) By misappropriating or converting, to the
prejudice of another, money, goods, or any other
Art. 315. Estafa (Swindling). Any person who shall personal property received by the offender in trust
defraud another by any of the means mentioned or on commission, or for administration, or under
herein below shall be punished by: any other obligation involving the duty to make
delivery of or to return the same, even though
1st. The penalty of prision correccional in its such obligation be totally or partially guaranteed
maximum period to prision mayor in its minimum by a bond; or by denying having received such
period, if the amount of the fraud is over 12,000 money, goods, or other property.
pesos but does not exceed 22,000 pesos, and if
such amount exceeds the latter sum, the penalty (c) By taking undue advantage of the signature of
provided in this paragraph shall be imposed in its the offended party in blank, and by writing any
maximum period, adding one year for each document above such signature in blank, to the
additional 10,000 pesos; but the total penalty prejudice of the offended party or of any third
which may be imposed shall not exceed twenty person.
years. In such cases, and in connection with the
accessory penalties which may be imposed under 2. By means of any of the following false
the provisions of this Code, the penalty shall be pretenses or fraudulent acts executed prior to or
termed prision mayor or reclusion temporal, as the simultaneously with the commission of the fraud:
case may be.
(a) By using fictitious name, or falsely pretending
2nd. The penalty of prision correccional in its to possess power, influence, qualifications,
minimum and medium periods, if the amount of property, credit, agency, business or imaginary
the fraud is over 6,000 pesos but does not exceed transactions, or by means of other similar deceits.
12,000 pesos;
(b) By altering the quality, fineness or weight of
3rd. The penalty of arresto mayor in its maximum anything pertaining to his art or business.
period to prision correccional in its minimum
period if such amount is over 200 pesos but does (c) By pretending to have bribed any Government
not exceed 6,000 pesos; and employee, without prejudice to the action for
calumny which the offended party may deem
4th. By arresto mayor in its maximum period, if proper to bring against the offender. In this case,
such amount does not exceed 200 pesos, provided the offender shall be punished by the maximum
that in the four cases mentioned, the fraud be period of the penalty.
committed by any of the following means:
(d) By post-dating a check, or issuing a check in
1. With unfaithfulness or abuse of confidence, payment of an obligation when the offender had
namely: no funds in the bank, or his funds deposited
therein were not sufficient to cover the amount of
(a) By altering the substance, quantity, or quality the check. The failure of the drawer of the check to
or anything of value which the offender shall deposit the amount necessary to cover his check
deliver by virtue of an obligation to do so, even within three (3) days from receipt of notice from
though such obligation be based on an immoral or the bank and/or the payee or holder that said
illegal consideration. check has been dishonored for lack of insufficiency
of funds shall be prima facie evidence of deceit
constituting false pretense or fraudulent act. (As constitutes the very cause or the only motive
amended by R.A. 4885, approved June 17, 1967.) which induces the offended party to part with
his money. In the absence of such requisite, any
(e) By obtaining any food, refreshment or subsequent act of the accused, however
accommodation at a hotel, inn, restaurant, fraudulent and suspicious it might appear,
boarding house, lodging house, or apartment cannot serve as basis for the prosecution of
house and the like without paying therefor, with estafa under the said provision. The person who
intent to defraud the proprietor or manager represents must have knowledge of the falsity
thereof, or by obtaining credit at hotel, inn, of his representation or his ignorance of the
restaurant, boarding house, lodging house, or truth. He must have the intention that his false
apartment house by the use of any false pretense, representation be acted upon by the
or by abandoning or surreptitiously removing any representee in that manner that it has been
part of his baggage from a hotel, inn, restaurant, contemplated beforehand. The offended party
boarding house, lodging house or apartment house must be ignorant of the falsity of the
after obtaining credit, food, refreshment or representations, must have relied on the truth
accommodation therein without paying for his thereof, and as a consequence, must have
food, refreshment or accommodation. sustained injury. Material injury, however, is
not essential in the crime of estafa. It is enough
3. Through any of the following fraudulent means: that there is disturbance of personal rights.
(PREFERRED HOME SPECIALTIES INC., AND
(a) By inducing another, by means of deceit, to sign EDWIN YU VS. CA AND HARLEY SY, GR No.
any document. 163593)
(b) By resorting to some fraudulent practice to

insure success in a gambling game.
Elements of Estafa with unfaithfulness:
(c) By removing, concealing or destroying, in whole 1. Offender has an onerous obligation to
or in part, any court record, office files, document deliver something of value;
or any other papers. 2. That he alters its substance, quantity or
quality; and
Elements of Estafa in general: 3. That damage or prejudice is caused to
1. Defrauded another: another.
a. By abuse of confidence , or
b. By means of deceit; and NOTE:
 Committed by altering the substance,
2. That damage or prejudice capable of quantity or quality of the things to be
pecuniary estimation is caused to the delivered.
offended party or third person.  There must be an existing obligation of the
offender to deliver even if the property to
NOTE: be delivered is not a subject of lawful
 In order for estafa to exist under Art. 315 (2)(a) commerce.
of the RPC, it is essential that false pretense or  When thing delivered has not been fully or
fraudulent representation be made prior to or partially paid for, there is no estafa.
at least simultaneously with the delivery of the  When there is no agreement as to quality
thing or property, it being essential that such and the delivery was unsatisfactory, there is
false statement or representation that no estafa.
Estafa, being a public offense, is not affected by

Elements of Estafa with abuse of confidence: novation of contract. But novation, if it takes place
1. That money, goods, or other personal property before criminal liability was incurred or perhaps
be received by the offender in trust, or on prior to the filing of the criminal information in
commission, or for administration, or under court by state prosecutors, relieves offender from
any obligation involving the duty to make criminal liability.
delivery of, or return, the same;
2. That there be misappropriation or MISAPPROPRIATING AS DEFINED
conversion of such money or property by Misappropriating means taking something for one’s
the offender, or denial on his part of such own benefit.
receipt;
3. That such misappropriation or conversion CONVERTING AS DEFINED
or denial is to the prejudice of another; and Converting is the act of using or disposing of
4. That there is demand made by the another’s property as if it was one’s own. It may
offended party to the offender. also mean the devotion of a thing for a purpose or
use different from that agreed upon.
THERE MUST BE JURIDICAL POSSESSION
The thing must have been received by the offender PREJUDICE TO ANOTHER IS NECESSARY
under transactions transferring juridical possession Prejudice to another is necessary. However, it is not
only and not ownership. necessary that offender should obtain gain.
ESTAFA WITH ABUSE OF CONFIDENCE DOES NOT AS A GENERAL RULE, THERE IS NO ESTAFA OF
NEED DEMAND AS CONDITION PRECEDENT PROPERTY RECEIVED FOR THE PARTNERSHIP BUT
Demand is not an element of the felony or a WITH EXCEPTION
condition precedent to the filling of a criminal GR: Between partners, there is no estafa of money
complaint for estafa. Indeed, the accused may be or property received for the partnership when the
convicted of the felony under Art. 315, paragraph 1 business is commercial and profits accrued.
(b) of the RPC if the prosecution proved
misappropriation EXC: If property is received by a partner for a
specific purpose and is misappropriated, estafa is
THE FAILURE TO TURN OVER BANK PROCEEDS OF committed.
SALE COVERED BY TRUE RECEIPTS CONSTITUTE
ESTAFA FAILURE TO ACCOUNT IS EVIDENCE OF
Under PD No. 115 otherwise known as True MISAPPROPRIATION
Receipts Law, the failure to turn over to the bank Failure to account after demand is a circumstantial
the sale of the goods covered by the trust receipt evidence of misappropriation.
constitutes estafa.
DEMAND IS NOT A CONDITION PRECEDENT TO THE
SALE ON CREDIT WHEN IT SHOULD BE FOR CASH IS EXISTENCE OF ESTAFA
ESTAFA Demand is not a condition precedent to the
The sale on credit by the agent when it should be existence of estafa when the misappropriation may
sold for cash is estafa. be established by other proof. In theft, upon
delivery of the thing to the offender, the owner
GENERALLY, ESTAFA IS NOT AFFECTED BY THE expects an immediate return of the thing to him. if
NOVATION OF CONTRACT owner does not expect immediate return, crime is
estafa.
4. That the document so written creates a liability

QUALIFIED THEFT VS. ESTAFA of, or causes damage to, the offended party or
A servant, domestic ore employee who any third person.
misappropriates a thing he received from his master
is guilty of qualified theft, not estafa. NOTE:
If the paper with signature in blank is stolen, the
THE PRIVATE INDIVIDUAL WHO CONSPIRED WITH crime is falsification if the offender made it appear
A PUBLIC OFFICER IN COMMITTING IN that the victim participated in the transaction when
MALVERSATION MAY BE LIABLE FOR ESTAFA. in fact, he did not so participate.
When in the prosecution for malversation of public
officer is acquitted, the private individual allegedly Elements in estafa by means of deceit:
in conspiracy with him may be held liable for estafa. 1. That there be a false pretense, fraudulent
act or fraudulent means;
DIFFERENCE BETWEEN ESTAFA WITH ABUSE OF 2. That such false pretense, fraudulent act or
CONFIDENCE AND MALVERSATION fraudulent means must be made or
executed prior to or simultaneously with
1. Both crimes involve offenders that are the commission of the fraud;
entrusted with funds or property and are 3. That the offended party must have relied
continuing offense. on the false pretense, fraudulent act, or
fraudulent means, that is, he was induced
2. In estafa, funds should be private while to part with his money or property because
malevrsation, funds should be public funds or of the false pretense, fraudulent act, or
property. fraudulent means; and
4. That as result thereof, the offended party
3. In estafa, the offender should be private suffered damage.
individual or public officer not accountable for
public funds. On the other hand, in NOTE:
malversation, the offender is a public officer There must be evidence that the pretense of the
accountable for public funds. accused that he possesses power/influence is false.
4. In estafa, this is committed by Elements of estafa by postdating a check or issuing

misappropriating, converting, denying having a check in payment of an obligation:
received money while in malversation, it is 1. That that offender postdated a check, or issued
committed by appropriating, taking, a check in payment of an obligation; and
misappropriating. 2. That such postdating or issuing a check was
done when the offender had no funds in the
bank or his funds deposited therein were not
Elements of estafa by taking undue advantage of sufficient to cover the amount of the check.
the signature in blank:
1. That the paper with the signature of the NOTE:
offended party be in blank;  Good faith is a defense in a charge of estafa by
2. That the offended party should have delivered postdating or issuing a check.
to offender;  The drawer’s failure to deposit the amount
3. That the above signature of the offended party necessary to cover the issued check within 3
a document is written by the offender without days from notice of dishonor is prima facie
authority to do so; and evidence of deceit.
 If the check was issued in payment of pre- 2. Prima facie evidence of knowledge of
existing debt, there is no estafa. insufficiency of funds
 Offender must be able to obtain something Requisites:
from the offended party by means of the check a. Check presented within 90 days;
he issues and delivers. b. Dishonored; and
 If postdating a check issued as mere c. Failure to make good the check within 5
guarantee/promissory note, there is estafa. banking days after receiving written
notice of dishonor.
B. BP 22 OTHERWISE KNOWN AS BOUNCING
CHECKS LAW  The presumption of knowledge can exist only
after it is proved that the issuer had received the
Elements of the offense defined in the first notice of dishonor. The prosecution must prove
paragraph of SEC. 1 of BP 22: receipt, i.e. registered mail or authenticated
1. That the person makes or draws and issues signature on registry return receipt. The registry
any check; receipt alone is insufficient. Testimony affidavit or
2. That the check is made or drawn and issued person mailing the letter is required. (Ting vs. CA,
to apply on account or for value; 2000)
3. That the person who makes or draws and  Verbal notice of dishonor is insufficient. It must
issues the check knows at the time of issue be written. (Damagsang vs. CA, 2000)
that he does not have sufficient funds in or  What the law prohibits is the issuance. The
credit with the drawee bank for the purpose or conditions of issuance is immaterial.
payment of such check in full upon its Issuance is malum prohibitum. That the check is
presentment; issued as a guarantee is immaterial, unless the
4. That the check is subsequently is check was not issued for account or value. (Wong
dishonored by the drawee bank for vs. CA, 2001)
insufficiency of funds or credit, or would  BP 22 does not state that the issuer must
have been dishonored for the same reason maintain funds for only 90 days. That the check
had not the drawee, without any valid must be deposited within 90 days is merely one if
reason, ordered the bank to stop payment. the conditions for the presumption of knowledge of
insufficiency. It is not an element of the offense.
Elements of offense defined in the second Where presentment was after 90 days, only the
paragraph of SEC. 1 of BP 22: presumption was lost. Knowledge could still be
1. That a person has sufficient funds in or proven by evidence. By current banking practice,
credit with the drawee bank when he the check must be presented within 180 days.
makes or draws and issues a check; Afterwards, it becomes stale. Presentment after
2. That he fails to keep sufficient funds or to 180 days is then a defense. (Wong vs. CA, 2001)
maintain a credit to cover the full amount  Payee’s knowledge of insufficiency of funds is
of the check if presented within a period of immaterial, because deceit is not an element of BP
90 days from the date appearing thereon; 22. The exception is when there was no intention to
and apply said checks for account for value. (Young vs.
3. That the check is dishonored by the drawee CA, 2005)
bank.  Responsibility under BP 22 is personal to the
accused. Hence, the notice must also be personal.
Evidence of knowledge of insufficiency of funds: Thus, if the issuer is a corporation officer, notice to
1. Making, drawing and issuing of check which the corporation is not the notice to the officer.
is refused; (Marigomen vs. People, 2005)
1. The circular provides that in BP 22 conviction,

VIOLATION OF BP 22, ELEMENTS AND WAYS OF the judge, in his discretion, may impose fine
VIOLATING THE LAW alone, without imprisonment.
It is fundamental that every element of the offense 2. The fine should be not less than but nor more
must be alleged in the complaint or information and than double the amount of the dishonored
proven beyond reasonable doubt by the checks.
prosecution. Whatever facts and circumstances 3. The circular is not a penal law; hence there is
must be stated should be determined by reference not retroactivity in favor of the accused. The
to the definitions and the essentials of the specific circular applies only to cases pending at its
crimes. effectivity. (Joya vs. Galvez, 2003)
4. The circular merely lays down a rule of
Petitioner was charged with violation of BP 22 preference. It does not amend BP 22. It merely
under the following provision: urges the courts to take into account not only
the purpose of the law but also the
Sec. 1. Checks without sufficient funds. – Any circumstances of the accused – whether he
person who makes or draws and issues any check to acted in good faith or on clear mistake of faith
apply on account or for value, knowing at the time without taint of negligence. Thus imprisonment
of issue that he does not have sufficient funds in or may still be imposed. (Joya vs. Galvez, 2003)
credit with the drawee bank for the payment of
such check in full upon its presentment, which  Absence of the notice merely prevents the
check is subsequently dishonored by the drawee presumption of knowledge of insufficiency. The
bank for insufficiency of funds or credit would have prosecution must then prove knowledge with
been dishonored for the same reason had not the evidence. Thus, the notice is NOT a prerequisite for
drawer, without any valid reason, ordered the bank BP 22 prosecution. (Young vs. CA, 2005)
to stop payment, shall be punished by
imprisonment of not less than thirty days but not TO CONSTITUTE ESTAFA UNDER PAR. 2(D) OR
more than 1 year; or by fine of not less than double POSTDATING, THE OFFENDED PARTY MUST HAVE
the amount of the check which fine shall in no case PARTED WITH HIS PROPERTY DUE TO THE CHECK
exceed P200, 000, or both at the discretion of the To constitute estafa under this provision, the act of
court. postdating or issuing a check in payment of an
obligation must be the efficient cause of
Under the provision, there are two ways of violating defraudation, and as such, it should be either prior
BP 22: to the or simultaneous with the act of fraud. The
1. By making or drawing and issuing a check to offender must be able to obtain money or property
apply “on account or for value,” knowing at the from the offended party because of the issuance of
time of issue that the check was not sufficiently a check whether postdated or not. That is, the latter
funded; would not have parted with his money or other
2. By having sufficient funds in or credit with the property were it not for the issuance of the check.
drawee bank at the time of issue, but failing to
keep sufficient funds or credit with the said AN ACQUITTAL OR CONVICTION UNDER THE RPC IS
bank to cover the full amount of the check NOT A BAR TO A PROSECUTION UNDER BP 22
when presented to the drawee bank within the An acquittal or conviction of the drawer under the
period of 90 days. RPC is not a bar to his prosecution or conviction
under BP 22, because the latter law requires the
additional fact of the drawer’s knowledge of lack of
Notes on SC Admin. Circular 12-2000: insufficiency of funds.
2. That deceit be employed to make him sign the

A PERSON CONVICTED OF ILLEGAL RECRUITMENT document;
IN LARGE SCALE MAY ALSO BE CONVICTED OF 3. That the offended party personally signed the
ESTAFA. document; and
In this jurisdiction, it is settled that a person who 4. That prejudiced is caused.
commits illegal recruitment may be charged and
convicted separately of illegal recruitment under NOTE: If the offended party willingly signed the
Labor Code and estafa under par. 2 (a) of Art. 315, document but there was deceit as to the character
RPC. The offense of illegal recruitment is malum or contents of the document, the crime is
prohibitum where the criminal intent of the accused falsification. But where the accused made
is not necessary for conviction, while estafa is representations to mislead the complainant as to
malum in se where the criminal intent of the the character of the document, the crime is estafa.
accused is crucial for conviction. Conviction for
offenses under the Labor Code does not bar Elements of estafa by removing, concealing or
conviction for offenses punishable by other laws. destroying documents:
Conversely, conviction for estafa under the RPC 1. That there be court records, office files,
does not bar a conviction for illegal recruitment documents, or any other papers;
under the Labor Code. It follows that one’s acquittal 2. That the offender removed concealed or
of the crime of estafa will not necessarily result in destroyed any of them; and
the acquittal of the crime of illegal recruitment in 3. That the offender had intent to defraud
large scale and vice versa. (People vs. Irene Yabut, another.
et. al., GR No. 115719-26, Oct. 5, 1999)
 If there is no intent to defraud, destroying and
Estafa by obtaining food or credit at hotels, inns, removing such papers is malicious mischief.
restaurants, etc.  Damage or prejudice as the second element of
any form of estafa may consist in:
3 ways of committing estafa under this provision: a. The party being deprived of his money or
1. By obtaining food, refreshment, property, as a result of defraudation;
accommodation at a hotel, inn, restaurant, b. Disturbance in property rights; or
boarding house, lodging or apartment house c. Temporary prejudice.
without paying thereof, with intent to defraud
the proprietor or manager thereof; Art. 316. Other forms of swindling. — The penalty
2. By obtaining credit at any of the said of arresto mayor in its minimum and medium
establishments by the use of false pretense; period and a fine of not less than the value of the
and damage caused and not more than three times
3. By abandoning or surreptitiously removing any such value, shall be imposed upon:
part his baggage from any of the said
establishments after obtaining the credit, food, 1. Any person who, pretending to be owner of any
refreshment or accommodation therein, real property, shall convey, sell, encumber or
without paying therefore. mortgage the same.
Elements of estafa by inducing another to sign any 2. Any person, who, knowing that real property is
document: encumbered, shall dispose of the same, although
1. That the offender induced the offended party to such encumbrance is not recorded.
sign a document;
3. The owner of any personal property who shall Elements of swindling by disposing or of real
wrongfully take it from its lawful possessor, to the property as free from encumbrance, although such
prejudice of the latter or any third person. encumbrance is not recorded:
1. That the thing disposed of be real property;
4. Any person who, to the prejudice of another, 2. That the offender knew that the real
shall execute any fictitious contract. property was encumbered, whether the
encumbrance is recorded or not.
5. Any person who shall accept any compensation 3. That there be express representation by
given him under the belief that it was in payment the offender that the real property is free
of services rendered or labor performed by him, from encumbrance; and
when in fact he did not actually perform such 4. That the act of disposing of the real
services or labor. property be made to the damage of
another.
6. Any person who, while being a surety in a bond
given in a criminal or civil action, without express Elements of swindling by wrongfully taking by
authority from the court or before the cancellation the owner from its lawful possessor:
of his bond or before being relieved from the 1. That the offender is the owner of the personal
obligation contracted by him, shall sell, mortgage, property;
or, in any other manner, encumber the real 2. That said personal property is in the lawful
property or properties with which he guaranteed possession of another;
the fulfillment of such obligation. 3. That the offender wrongfully takes it from its
lawful possessor;
Elements of swindling by conveying, selling, 4. That prejudice is thereby caused to the
encumbering or mortgaging any real property, possessor or third person.
pretending to be the owner of the same:
1. That the thing be immovable, such as a parcel Elements of swindling by selling, mortgaging, or
of land or a building; encumbering real property or properties with
2. That the offender , who is not the owner of said which the offender guaranteed the fulfillment of
property, represented that he is the owner his obligation as surety:
thereof; 1. That the offender is a surety in a bond given in a
3. That the offender should have executed an act criminal or civil action;
of ownership, i.e. selling, leasing, encumbering, 2. That he guaranteed the fulfillment of such
or mortgaging the real property. obligation with his real property or properties;
4. That the act be made to the prejudice of the 3. That he sells, mortgages, or, in any manner
owner or a third person. encumbers said real property;
4. That such sale, mortgage or encumbrance is:
DIFFERENCE BETWEEN ESTAFA AND INFIDELITY IN a. Without express authority; or
THE CUSTODY OF DOCUMENTS b. Made before the cancellation of his bond;
or
1. As to person entrusted with the documents, in c. Before being relieved from the obligation
estafa, he should be private; while in infidelity, contracted by him.
the person should be a public officer or
employee.
2. In estafa, there should be intent to defraud; Art. 317. Swindling a minor. — Any person who,
while in infidelity, there is no intent to defraud. taking advantage of the inexperience or emotions
or feelings of a minor, to his detriment, shall
induce him to assume any obligation or to give any credulity of the public in any other similar
release or execute a transfer of any property right manner for profit or gain.
in consideration of some loan of money, credit or
other personal property, whether the loan clearly Chapter Seven: CHATTEL MORTGAGE
appears in the document or is shown in any other
form, shall suffer the penalty of arresto mayor and Art. 319. Removal, sale or pledge of mortgaged
a fine of a sum ranging from 10 to 50 per cent of property. — The penalty or arresto mayor or a fine
the value of the obligation contracted by the amounting to twice the value of the property shall
minor. be imposed upon:
1. Any person who shall knowingly remove any

Elements: personal property mortgaged under the Chattel
1. That the offender takes advantage of the Mortgage Law to any province or city other than
inexperience or emotions or feelings of a minor; the one in which it was located at the time of the
2. That he induces such minor to: execution of the mortgage, without the written
a. Assume an obligation, or consent of the mortgagee, or his executors,
b. Give release, or administrators or assigns.
c. Execute a transfer of any property right
3. That the consideration is: 2. Any mortgagor who shall sell or pledge
a. Some loan of money, or personal property already pledged, or any part
b. Credit, or thereof, under the terms of the Chattel Mortgage
c. Other personal property; and Law, without the consent of the mortgagee
4. That the transaction to the detriment of such written on the back of the mortgage and noted on
minor. the record hereof in the office of the Register of
Deeds of the province where such property is
Art. 318. Other deceits. — The penalty of arresto located.
mayor and a fine of not less than the amount of
the damage caused and not more than twice such Elements of Selling or Pledging Personal Property
amount shall be imposed upon any person who already pledged:
shall defraud or damage another by any other 1. That personal property is already pledged
deceit not mentioned in the preceding articles of under the terms of the Chattel Mortgage Law;
this chapter. 2. That the offender, who is a mortgagor of such
property, sells or pledges the same or any part
Any person who, for profit or gain, shall interpret thereof;
dreams, make forecasts, tell fortunes, or take 3. That there is no consent of the mortgagee
advantage of the credulity of the public in any written on the back of the mortgage and noted
other similar manner, shall suffer the penalty of on the record thereof on the office of the
arresto menor or a fine not exceeding 200 pesos. register of deeds.
NOTE: Elements of Knowingly Removing Mortgaged

Other deceits are: Personal Property:
1. By defrauding or damaging another by any 1. That personal property is mortgaged under the
other deceit not mentioned in preceding Chattel Mortgage Law;
articles; and 2. That the offender knows that such property is
2. By interpreting dreams, making forecasts, mortgaged;
fortunetelling, or by taking advantage of the
3. That he removes such mortgaged personal 3. Other cases of arson

property to any province or city other than the
one in which it was located at the time of the A. Elements of CRIME INVOLVING DESTRUCTION:
execution of the mortgage; 1. That the offender causes destruction of the
4. That the removal is permanent; and property; and
5. That there is no written consent of the 2. That the destruction was done by means of:
mortgagee or his executors, administrators or a. Explosion,
assignees to such removal. b. Discharge of electric current,
c. Inundation,
Chapter Eight: ARSON AND OTHER CRIMES d. Sinking or stranding of a vessel,
INVOLVING DESTRUCTIONS e. Damaging the engine of the vessel,
f. Taking up rails from the railway track,
PD 1613 otherwise known as the ANTI-ARSON g. Destroying the telegraph wire and posts
LAW or those of any other system, or
PD 1613 expressly repealed or amended Arts. 320- h. Other similar effective means of
326, but PD 1744 revived Art. 320 (destructive destruction.
arson). RA No. 7659 amended the provisions of Art.
320 on destructive arson.
B. Elements of BURNING ONE’S PROPERTY AS A
 Arson is the malicious destruction of property MEANS TO COMMIT ARSON:
by fire. 1. That the offender set fire to or destroyed
 Arson is committed by any person who burns or his own property;
sets fire to the property of another or to his 2. That the purpose of the offender in doing
own property under circumstances which so was to commit arson or to cause a great
expose to danger the life or property of destruction; and
another. 3. That the property belonging to another
was burned or destroyed.
WHY ARSON IS CONSIDERED AS HEINOUS CRIME
It would not be amiss here to point out that “in the C. Elements of ARSON:
crime of arson, the enormity of the offense is not 1. That the property burned id the exclusive
measured by the value of the property that may be property of the offender; and
destroyed but rather but the human lives exposed 2. That (a) the purpose of the offender is
to destruction. It is indeed a heinous crime that the burning it is to defraud or cause damage to
law wisely seeks to suppress with the most serious another, or (b) prejudice is actually caused,
penalty because of its grave anti-social character. or (c) the thing burned is a building in an
inhabited place.
Stages of arson:
a. Attempted – rags in gasoline Special aggravating circumstances in arson:
b. Frustrated – there is fire but no part of the 1. If committed with intent to gain;
house is burned 2. If committed for the benefit of another;
c. Consummated – if any part of the edifice or 3. If the offender is motivated by spite or
building is burned hatred towards the owner or occupant of
the property burned; or
Three kinds of arson: 4. If committed by a syndicate.
1. Simple Arson
2. Destructive arson Destructive Arson:
NOTE: Under RA 7659, amending Art. 320 of the foregoing are found in the ruins or
the RPC, destructive arson is defined and premises of the building or property
penalized as follows: 4. If the building or property is insured for
substantially more than its actual value at
The penalty of reclusion perpetua to death the time of the issuance of this policy
shall be imposed upon any person who shall 5. If during the lifetime of the corresponding
burn: fire insurance policy more than two fires
1. Building or edifice have occurred in the same or other
2. Building open to public premises owned or under control of the
3. Train, locomotive, ship, or vessel for offender and/or insured
transportation, public use, leisure, 6. If shortly before the fire, a substantial
entertainment portion of the effects insured/stored in a
4. Building, factory, warehouse for service of building or property had been withdrawn
public utilities from the premises except in the ordinary
5. Building to conceal evidence, conceal course of business
bankruptcy, defraud creditors 7. If a demand for money or other valuable
consideration was made before the fire in
Irrespective of the application of the above exchange for the desistance of the offender
enumerating qualifying circumstances, the penalty or for the safety of the person or property
of reclusion perpetua to death shall be likewise of the victim
imposed when the arson is perpetrated or
committed by 2 or more persons or by a group of
persons, regardless of whether their purpose is
merely to burn or destroy the building; or the Chapter Nine: MALICIOUS MISCHIEF
burning merely constitutes an overt act in the
commission or another violation of law. Art. 327. Who are liable for malicious mischief. —
Any person who shall deliberately cause the
The penalty of reclusion perpetua to death shall property of another any damage not falling within
also be imposed upon any person who shall burn: the terms of the next preceding chapter shall be
6. Arsenal, military or general museum; guilty of malicious mischief.
7. Inhabited place
Elements:
Sec. 6 of PD 1613: prima facie evidence of guilt 1. That the offender deliberately caused
1. If the fire started simultaneously in more damage to the property of another;
than one part of the building or 2. That such act does not constitute arson or
establishment other crimes involving destruction; and
2. If substantial amount of flammable 3. That the act damaging another’s property
substances or materials are stored within be committed merely for the sake of
the building not of the offender nor for damaging it.
household use
3. If gasoline, kerosene, petroleum or other  Malicious Mischief: the willful damaging of
flammable or combustible substances or another’s property for the sake of causing
materials soaked therewith or containers damage due to hate, revenge or other evil
thereof, or any mechanical, electrical, motive
chemical or electronic contrivance designed  Malicious mischief cannot be committed
to start a fire, or ashes or traces of any of through negligence because the offender
acts with a specific desire to inflict injury to 1. By prision correccional in its minimum and
another medium periods, if the value of the damage
 If there is no malice in causing injury, the caused exceeds 1,000 pesos;
offender only incurs civil liability
 Damaged caused may also be a diminution 2. By arresto mayor, if such value does not exceed
in value of the property the abovementioned amount but it is over 200
 But if the offender used the property after pesos; and
causing damage to it, the crime is theft.
 Damage in malicious mischief must not 3. By arresto menor, in such value does not exceed
result from a crime. Ex. breaking windows 200 pesos.
during robbery is not malicious mischief.
 A person charged with malicious mischief Cases of qualified malicious mischief:
may be found guilty of damage to property 1. Causing damage to obstruct performance
through reckless imprudence of public functions.
 The elements of the crime of malicious 2. Using poisonous or corrosive substances.
mischief under Art. 327 of the RPC are: 3. Spreading infection or contagion among
a. That the offender deliberately caused cattle.
damage to the property of another; 4. Damage to property of National Museum or
b. That such act does not constitute arson National Library, archive, registry,
or other crime involving destruction; waterworks, road, promenade or any other
c. That the act of damaging another’s thing used in common by the public.
property be committed merely for the
sake of damaging it.  Qualified malicious mischief is different from
sedition because the element of tumultuous
Note: As to the third element, petitioner was not uprising is not present in the former crime.
justified in summarily and extra-judicially
demolishing private complainant’s structure. As it Art. 329. Other mischiefs. — The mischiefs not
is, the petitioner proceeded not so much to included in the next preceding article shall be
safeguard the lot as it is the vent to his anger and punished:
disgust over the “no trespassing” sign he placed
thereon. Indeed, his act summarily demolishing the 1. By arresto mayor in its medium and maximum
house smacks of his pleasure in causing damage to periods, if the value of the damage caused
it. (Valeroso vs. People, GR No. 149718, Oct. 29, exceeds 1,000 pesos;
2003)
2. By arresto mayor in its minimum and medium
Art. 328. Special cases of malicious mischief. — periods, if such value is over 200 pesos but
Any person who shall cause damage to obstruct does not exceed 1,000 pesos; and
the performance of public functions, or using any
poisonous or corrosive substance; or spreading any 3. By arresto menor or fine of not less than the
infection or contagion among cattle; or who cause value of the damage caused and not more than
damage to the property of the National Museum 200 pesos, if the amount involved does not
or National Library, or to any archive or registry, exceed 200 pesos or cannot be estimated.
waterworks, road, promenade, or any other thing
used in common by the public, shall be punished:  Mischiefs not included in the Art. 328 are
punished according to the value of the
damaged caused. Ex. Scattering human
excrement in public building, killing of cow as an  If the damage shall result in any derailment of
act of revenge; or a servant who released a bird cars, collision or other accident, a higher
from its cage as an act of hate against its owner. penalty shall be imposed.
 Derailment of cars should not have been
Art. 330. Damage and obstruction to means of purposely sought for.
communication. — The penalty of prision
correccional in its medium and maximum periods Art. 331. Destroying or damaging statues, public
shall be imposed upon any person who shall monuments or paintings. — Any person who shall
damage any railway, telegraph or telephone lines. destroy or damage statues or any other useful or
ornamental public monument shall suffer the
If the damage shall result in any derailment of penalty of arresto mayor in its medium period to
cars, collision or other accident, the penalty of prision correccional in its minimum period.
prision mayor shall be imposed, without prejudice
to the criminal liability of the offender for the Any person who shall destroy or damage any
other consequences of his criminal act. useful or ornamental painting of a public nature
shall suffer the penalty of arresto menor or a fine
For the purpose of the provisions of the article, the not exceeding 200 pesos, or both such fine and
electric wires, traction cables, signal system and imprisonment, in the discretion of the court.
other things pertaining to railways, shall be
deemed to constitute an integral part of a railway Chapter Ten: EXEMPTION FROM CRIMINAL
system. LIABILITY IN CRIMES AGAINST PROPERTY
NOTE: Art. 332. Persons exempt from criminal liability. —

 This crime is done by damaging railways, No criminal, but only civil liability shall result from
telegraph or telephone lines. the commission of the crime of theft, swindling or
 Railway systems – includes electric wires, malicious mischief committed or caused mutually
traction cables, signal system and other things by the following persons:
pertaining to railways
 Removing rails from railway track to cause 1. Spouses, ascendants and descendants, or
destruction constitutes crime involving relatives by affinity in the same line;
destruction under Art. 324.
 Art. 330 is not applicable when the damaged 2. The widowed spouse with respect to the
telegraph/phone lines do not pertain to a property which belonged to the deceased
railway system. Hence, cutting telephone lines spouse before the same shall have passed into
or those for transmission of electric power/light the possession of another; and
not pertaining to railways is not covered by this
article. 3. Brothers and sisters and brothers-in-law and
 If people are killed as a result of the damage sisters-in-law, if living together.
caused and the offender had no intent to kill,
the crime is damages to means of The exemption established by this article shall not
communication with homicide. If there is intent be applicable to strangers participating in the
to kill and damaging the railways was the commission of the crime.
means to accomplish the criminal purpose, the
crime is murder. Offenses involved in the exemption:
1. Theft;
2. Swindling or estafa; and
3. Malicious mischief
Elements:
Persons exempted from criminal liability: 1. That the woman is married even if the
1. Spouses, ascendants and descendants, or marriage shall be declared void
relatives by affinity in the same line; subsequently;
2. The widowed spouse with respect to the 2. That she has sexual intercourse with a man
property which belonged to the deceased not her husband during the effectivity of
spouse before the same shall have passed marriage; and
into the possession of another; 3. That as regards the man with whom she
3. Brothers and sisters and brothers-in-law has sexual intercourse, he must know that
and sisters-in-law, if living together. she is married.
 Including: NOTE:
a. Stepfather/mother (ascendant by affinity)  Adultery is mitigated if the adulterous wife was
b. Adopted children (descendant) abandoned without justification by the
c. Concubine or paramour (spouse) offended spouse. Both the wife and her
d. Common-law spouse paramour are entitled to the mitigating
circumstance. (People vs. Avelino)
NOTE:  Adultery may be attempted.
 Only civil liability is incurred by the offenders  Sheer necessity, though the wife is not
who are exempt by law from criminal liability. abandoned by her husband, may mitigate her
 Parties to the crime who are not related to the criminal liability.
offended party still remain criminally liable.  The offended party must be legally married to
 REASON FOR THE EXEMPTION: the law the offender at the time of the filing of the
recognizes presumed co-ownership of property criminal case and commission of the crime.
between offender and offended party  Carnal knowledge may be proved by
circumstantial evidence.
Title Eleven: CRIMES AGAINST CHASTITY  Each sexual intercourse constitutes the crime of
adultery.
Chapter One: ADULTERY AND CONCUBINAGE
Pardon:
Art. 333. Who are guilty of adultery. — Adultery is  The pardon must come before the institution of
committed by any married woman who shall have the criminal prosecution.
sexual intercourse with a man not her husband  Both of the offenders – the wife and her
and by the man who has carnal knowledge of her paramour – should be pardoned by the
knowing her to be married, even if the marriage be offended party.
subsequently declared void.  If the offended party pardons only the wife, the
dismissal of the case shall not prosper. The
Adultery shall be punished by prision correccional offended spouse must pardon both the
in its medium and maximum periods. offending spouse and the co-defendant man.
(People vs. Infante, 57 Phil. 138)
If the person guilty of adultery committed this  Pardon may be given at any stage of the
offense while being abandoned without institution of the crime, since it is not a crime de
justification by the offended spouse, the penalty officio. It is a private crime in which the only
next lower in degree than that provided in the person who may institute the crime is the
next preceding paragraph shall be imposed. lawful and current offended spouse.
 An act of intercourse subsequent to the  Adultery is more severely punished than

adulterous conduct implies a pardon concubinage.
 Consent is a cause for dismissal of complaint
NOTE: Art. 335 entitled as “When and how rape is
committed” has been repealed by RA 8353 or Anti-
Art. 334. Concubinage. — Any husband who shall Rape Law of 1997.
keep a mistress in the conjugal dwelling, or shall
have sexual intercourse, under scandalous Chapter Two: RAPE AND ACTS OF LASCIVIOUSNESS
circumstances, with a woman who is not his wife,
or shall cohabit with her in any other place, shall Art. 336. Acts of lasciviousness. — Any person who
be punished by prision correccional in its minimum shall commit any act of lasciviousness upon other
and medium periods. persons of either sex, under any of the
circumstances mentioned in the preceding article,
The concubine shall suffer the penalty of destierro. shall be punished by prision correccional.
Elements:
1. The man must be married;
2. That he committed any of the following acts: Elements:
a. Keeping a mistress in the conjugal 1. That the offender commits any act of
dwelling; lasciviousness or lewdness;
b. Having sexual intercourse under 2. That the act of lasciviousness is committed
scandalous circumstances with a woman against a person of either sex; and
who is not his wife; 3. That it be done under any of the following
c. Cohabiting with her in any other place. circumstances:
3. That as regards the woman, she must know a. By using force or intimidation, or
him to be married. b. When the offended party is deprived of
reason otherwise unconscious, or
 A married man is not liable for concubinage for c. By means of fraudulent machination or
mere sexual relations with a woman not his grave abuse of authority, or
wife. d. When the offended party is under 12 years
 Conjugal dwelling means the home of the of age or is demented.
husband and the wife even if the latter is
temporarily absent on any account. ACTS OF LASCIVIOUSNESS VS. RAPE
 Scandal consists in any reprehensible word or The following are the distinctions:
deed that offends public conscience, redounds 1. If the acts performed by the offender
to the detriment of the feelings of honest clearly indicate that his purpose was to lie
persons, and gives occasion to the neighbors’ with the offended woman – attempted
spiritual damage and ruin. rape.
 Cohabit means to dwell together, in the
manner of husband and wife, for some period 2. In the case of attempted rape, the
of time, as distinguished from occasional, lascivious acts are but the preparatory acts
transient interviews for unlawful intercourse. to the commission of rape; whereas in acts
 That the woman must be taken into the of lasciviousness, the lascivious acts are
conjugal dwelling as a concubine. themselves the final objective sought by the
 People in the vicinity are the best witnesses to offender.
prove scandalous circumstances.
Acts of Lasciviousness should be differentiated  It is settled that in cases of acts of

from Grave Coercion and Unjust Vexation: lasciviousness, the lone testimony of the
1. In grave coercion, the compulsion is the offended party, if credible, is sufficient to
crime itself but it is merely means to establish the guilt of the accused.
commit acts of lasciviousness.  In Sec. 5 (b), Art. 3 of RA 7610. It defines and
penalizes acts of lasciviousness committed
2. The difference between acts of against a child, thus: Children, whether male or
lasciviousness and unjust vexation is that in female, who for money, profit or any other
the former, there is lewd design that can be consideration or due to the coercion or
inferred from circumstances surrounding influence of any adult, syndicate or group,
the commission of the crime: place, time, indulge in sexual intercourse or lascivious
presence of other people, what was done; conduct with a child exploited in prostitution or
But if it is clear that the intention is to have subject to other sexual abuse. (People vs.
intercourse, crime could be attempted Abello, 582 SCRA 378)
rape; if accused desisted in the commission
of attempted rape, it may be a When the victim is under 12 years of age, the
consummated acts of lasciviousness. perpetrators shall be prosecuted under Art.
355, par. 3 of the RPC, for rape or lascivious
NOTE: conduct, as the case may be – the penalty for
 Lewd design – act with particular design to lascivious conduct when the victim is under 12
independently derive vicarious pleasure there years of age shall be reclusion temporal in its
from; not merely a silly whim medium period.
 No attempted or frustrated Acts of  The mere act of lying on top of the alleged
Lasciviousness victim, even if naked, does not constitute rape;
 From the standpoint of law, there can be no the felony of acts of lasciviousness is a crime
frustration of acts of lasciviousness. No matter included in rape. (People vs. Mejia, 595 SCRA
how far the offender may have gone towards 356)
the realization of his purpose, if his  What constitutes lewd or lascivious acts shall be
participation amounts to performing all acts of determined from the circumstances if each
execution, the felony is necessarily produced as case.
a consequence thereof.
 In the absence of proof that the penis had slid Upon finding of guilt of the accused for the acts
into the female organ, rape was not committed. of lasciviousness, the amount of P30, 000 as
Where the victim merely stated that she was moral damages may be further awarded to the
carried around the sala with appellant’s penis victims of rape even without need of proof
touching her vagina, it would not be right to because it is assumed that they suffered moral
conclude that the aforesaid act was an entry or injury.
penetration, even slightly, of the labia majora or
the labia minora of the pudendum. The  “Lascivious conduct” means the intentional
appellant is only guilty of acts of lasciviousness touching, either directly or indirectly or through
and not rape. (People vs. Palma, G.R. No. L- clothing, of the genitalia, anus, groin, breast,
69152 September 23, 1986) inner thigh or buttocks, of the introduction of
 The appellant’s act of directing Analyn to any object into the genitalia, anus or mouth of
remove her lower apparel constitutes an act of any person, whether of the same or opposite
lasciviousness under Art. 336 of the RPC, and sex, with an intent to abuse, humiliate, harass,
not rape. (People vs. Aquino, 2003) degrade or arouse or gratify the sexual desire of
any person, bestiality, masturbation, lascivious in privacy, without being concerned that an
exhibition of the genitals or private area of a image or a private area of the person was being
person. (People vs. Sumingwa, 603 SCRA 638) captured; or circumstances in which a
 In crimes against chastity, such acts of reasonable person would believe that a private
lasciviousness shall always be an aggravating area of the person would not be visible to the
circumstance. public, regardless of whether that person is in a
private or public place.
A. Anti-Photo and Video Voyeurism Act of 2009
or RA 9995 Sec. 4. Prohibited Acts
a. To take photo or video coverage of a person or
a. Broadcast means to make public, by any means, group of persons performing sexual act or any
a visual image with the intent that it be viewed similar activity or to capture an image of the
by a person or persons. private area of a person/s such as the naked
undergarment clad genitals pubic area, buttocks
b. Capture with respect to an image, means to or female breast without the consent of the
videotape, photograph, film, record by any person/s involved and circumstances in which
means or broadcast. the person/s has/have a reasonable
expectation of privacy;
c. Female breast means any portion of female
breast. b. To copy or reproduce, or to cause to be copied
or reproduced, such photo or video or
d. Photo or video voyeurism means the act of recording of sexual act or any similar activity
taking photo or video coverage of person or with or without consideration;
group of persons performing sexual act or any
similar activity or of capturing an image of the c. To sell or distribute, or cause to be sold or
private person or persons without the latter’s distributed, such photo or video or recording of
consent, under circumstances in which person/s sexual act, whether it be the original copy or
has/have a reasonable expectation of privacy, reproduction thereof; or
or the act of selling, copying, reproducing
broadcasting, sharing, showing or exhibiting the d. To publish or broadcast, or caused to be
photo or video coverage or recordings of such published or broadcast, whether in print or
sexual ct or similar activity through VCD/DVD, broadcast media, or show or exhibit the photo
internet, cellular phones and similar means or or video coverage pr recordings of such sexual
device without the written consent of the ct or any similar activity through VCD/DVD,
person/s involved, notwithstanding that internet, cellular phones and other similar
consent to record or take photo or video means or device.
coverage of the same was given by such
persons. The prohibition under paragraphs (b), (c) and (d)
shall apply notwithstanding that consent to record
e. Private area of a person means the naked or or take photo or video coverage of the same was
undergarment clad genitals, pubic area, given by such person/s. Any person who violates
buttocks or female breast of an individual. this provision shall be liable for photo or video
voyeurism as defined therein.
f. Under circumstances in which a person has a
reasonable expectation of privacy means that Section 6. Exemption
the person believe that he or she could disrobe
Nothing contained in this Act, however, shall render descendant, whether or not she be a virgin or over
it unlawful or punishable for any peace officer, who eighteen years of age.
is authorized by a written order of the court, to use
the record or any copy thereof as evidence in any Under the provisions of this Chapter, seduction is
civil, criminal investigation or trial of the crime of committed when the offender has carnal
photo or video voyeurism: Provided, that such knowledge of any of the persons and under the
written order shall only be issued or granted upon circumstances described herein.
written application and the examination under oath
or affirmation of the applicant and the witnesses 2 classes of Qualified Seduction:
he/she may produce, and upon showing that there 1. Seduction of a virgin over 12 years of age and
are reasonable grounds to believe that photo or under 18 years of age by certain persons, such
video voyeurism has been committed or about to as person in authority, priest, teacher, etc.; and
be committed, and that the evidence to be 2. Seduction of a sister by her brother or
obtained is essential to the conviction of any person descendant by her ascendant, regardless of her
for, or to the solution or prevention of such crime. age or reputation also known as Incestuous
Seduction.
Section 7. Inadmissibility of Evidence
Any record, photo or video, or copy thereof, Elements of qualified seduction of a virgin:
obtained or secured by any person in violation of 1. That the offended party is a virgin, which is
the preceding sections shall not be admissible in presumed if she is unmarried and of good
evidence in any judicial, quasi-judicial, legislative or reputation;
administrative hearing or investigation. 2. That she must be over 12 and under 18
years of age;
Chapter Three: SEDUCTION, CORRUPTION OF 3. That the offender had sexual intercourse
MINORS, AND WHITE SLAVERY with her; and
4. That there is abuse of authority,
Seduction means the enticing a woman to unlawful confidence or relationship on the part of
sexual intercourse by promise of marriage or other the offender (person entrusted with the
means of persuasion without the use of force. education or custody of the offended party;
person in authority, priest or servant).
2 Kinds of Seduction:
1. Qualified seduction Person liable:
2. Simple seduction 1. Those who abuse their authority:
a. Person in public authority
Art. 337. Qualified seduction. — The seduction of a b. Guardian
virgin over twelve years and under eighteen years c. Teacher
of age, committed by any person in public d. Person who, in any capacity, is
authority, priest, home-servant, domestic, entrusted with the education or
guardian, teacher, or any person who, in any custody of the woman seduced
capacity, shall be entrusted with the education or
custody of the woman seduced, shall be punished 2. Those who abused their confidence
by prision correccional in its minimum and reposed in them:
medium periods. a. Priest;
b. Servant;
The penalty next higher in degree shall be imposed c. Domestic
upon any person who shall seduce his sister or
3. Those who abused their relationship:  The man may be willing and ready to marry the
a. Brother who abused his sister offended party but simple seduction is still
b. Ascendant who seduced his descendant committed when the man knows that she
cannot legally consent to the marriage.
NOTE:
 The penalty for qualified seduction of a sister or Art. 339. Acts of lasciviousness with the consent of
descendant is higher than qualified seduction of the offended party. — The penalty of arresto
a virgin. mayor shall be imposed to punish any other acts of
 Deceit is not an element of qualified a qualified lasciviousness committed by the same persons and
seduction; it is an element of simple seduction. the same circumstances as those provided in
 Abuse of confidence, acts punished because of Articles 337 and 338.
the character of person committing the same,
and excess of power or abuse of confidence. Elements:
 The offended party need not be a virgin 1. That the offender commits acts of
physically – virgin is a virtuous woman of good lasciviousness or lewdness;
reputation. 2. That the acts are committed upon a woman
 Accused charged with rape cannot be convicted who is a virgin or single or a widow of good
of qualified seduction under the same reputation, under 18 years of age but over
information. 12 years, or a sister or descendant
regardless of her reputation or age.
Art. 338. Simple seduction. — The seduction of a 3. That the offender accomplishes the acts of
woman who is single or a widow of good abuse of authority, confidence,
reputation, over twelve but under eighteen years relationship, or deceit.
of age, committed by means of deceit, shall be
punished by arresto mayor. Art. 340. Corruption of minors. — Any person who
shall promote or facilitate the prostitution or
Elements: corruption of persons underage to satisfy the lust
1. That the offended party is over 12 and of another, shall be punished by prision mayor,
under 18 years of age; and if the culprit is a pubic officer or employee,
2. That she must be of good reputation, including those in government-owned or
single, or widow; controlled corporations, he shall also suffer the
3. That the offender has sexual intercourse penalty of temporary absolute disqualification. (As
with her; and amended by Batas Pambansa Blg. 92)
4. That it is committed by means of deceit.
NOTE:
NOTE:  The act punishable is the promotion or
 Virginity of the victim is not required in simple facilitating the prostitution or corruption of
seduction. persons under age to satisfy the lust of another.
 Deceit generally takes in the form of unfulfilled  It is not necessary that the unchaste acts shall
promise to marry. have been done to the minor. Hence, a mere
 Promise of marriage by a married man, whom proposal will consummate the offense.
the victim knew to be married, is not deceit.
 Promise of marriage after sexual intercourse is RA 7610 otherwise known as SPECIAL PROTECTION
not deceit. OF CHILDREN AGAINST CHILD ABUSE,
 There is no continuing offense of simple EXPLOITATION, AND DISCRIMANTION punishes
seduction. CHILD PROSTITUTION committed by:
1. Those who engage in or promote, facilitate  Offender need not be the owner of the house
or induce child prostitution; and need not be present at the time of raid; it
2. Those who commit the act of sexual suffices that he maintains or engages in such
intercourse or lascivious conduct with a business
child exploited in prostitution or subjected  “Under any pretext” – if the real purpose is
to other sexual abuse; prostitution, it does not matter if one engages
3. Those who derive profit or advantage services of woman ostensibly as maid, for
therefrom. Ex. Manager or owner of an example.
establishment where child prostitution
takes place.
4. Any person, not being a relative of a child, is
found alone with the said child in a hidden
or secluded area under circumstances
which lead a reasonable person to believe Chapter Four: ABDUCTION
that the child is about to be exploited in
prostitution and other sexual abuse; and Art. 342. Forcible abduction. — The abduction of
5. Any person who receives services from a any woman against her will and with lewd designs
child in a sauna parlor or bath, massage shall be punished by reclusion temporal.
clinic, health club and other similar
establishments. The same penalty shall be imposed in every case, if
the female abducted be under twelve years of age.
CHILD TRAFFICKING, DEFINED
It is the act of buying and selling child for money, or Elements:
for any other consideration, or barter. 1. That the person abducted is any woman,
regardless of her age, civil status, or
Art. 341. White slave trade. — The penalty of reputation;
prision mayor in its medium and maximum period 2. That the abduction is against her will;
shall be imposed upon any person who, in any 3. That the abduction is with lewd designs.
manner, or under any pretext, shall engage in the
business or shall profit by prostitution or shall IF THERE IS NO LEWD DESIGN, THE CRIME IS
enlist the services of any other for the purpose of KIDNAPPING WITH SERIOUS ILLEGAL DETENTION
prostitution. (As amended by Batas Pambansa Blg. When there is deprivation of liberty and no lewd
186) designs, the crime is kidnapping and serious illegal
detention.
Acts penalized:
1. Engaging in the business of prostitution; IF THE CHILD IS UNDER 12 YEARS OF AGE, THE
2. Profiting by prostitution; and CRIME IS FORCIBLE ABDUCTION DESPITE CONSENT
3. Enlisting the service of women for the If the child is under 12 years of age, the crime is
purpose of prostitution. forcible abduction even if she voluntarily goes with
her abductor.
NOTE:
 One of the abovementioned acts is sufficient to TAKING AWAY MUST BE AGAINST THE WILL OF
constitute the offense THE WOMAN
 Habituality is not a necessary element of white The taking away must be against the will of the
slave trade. woman, may be accomplished by means of deceit
first and then by means of violence and CONVICTION IN ACTS OF LASCIVIOUSNESS IS NOT
intimidation. A BAR TO BE PROSECUTED IN FORCIBLE
ABDUCTION
INTERCOURSE IS NOT NECESSARY The conviction of Acts of Lasciviousness shall not be
Actual sexual intercourse is not necessary; lewd a bar to be prosecuted or convicted to forcible
designs may be shown by conduct of the accused; abduction.
intent to seduce a girl is sufficient; lewd designs
present in hurried ceremony of marriage by force The Court has previously ruled that if the victim’s
where marriage is merely am artifice by which consent was obtained thru deceit, and there was
accused sought to escape criminal consequence of therefore no valid consent, the crime is forcible
his acts. abduction, as the deceit may be considered as
constructive force. The second element of lewd
NO LEWD DESIGN, NOT ABDUCTION EVEN IH THE design was already established by the actual rape.
OFFENDER IF THE HUSBAND (People vs. Caraang, 2003)
Husband is not liable for abduction if he is legally
married to the offended party because the element AGE AND REPUTATION ARE NOT NECESSARY
of lewd design is wanting. 1. Rape;
2. Acts of Lasciviousness against the will or
NATURE OF THE CRIME without the consent of the offended party;
The nature of the crime: against liberty, honor and 3. Qualified seduction of sister or descendant;
reputation and public order. 4. Forcible abduction
FORCIBLE ABDUCTION VS. KIDNAPPING Art. 343. Consented abduction. — The abduction of
In forcible abduction, there should be the presence a virgin over twelve years and under eighteen
of lewd designs; in kidnapping and serious illegal years of age, carried out with her consent and with
detention, there should be deprivation of liberty lewd designs, shall be punished by the penalty of
with no lewd design. On the other hand, if the prision correccional in its minimum and medium
violent taking of woman, motivated by lewd design periods.
and the victim was raped – the crime is forcible
abduction with rape instead of kidnapping with Elements:
rape. Attempt to rape is absorbed in abduction. 1. That the offended party must be a virgin;
2. That she must be over 12 and under 18
FORCIBLE ABDUCTION VS. CORRUPTION OF years of age;
MINORS 3. That the taking away of the offended party
The crime depends on the purpose. If the purpose must be with her consent, after solicitation
of the offender is to lend her to illicit intercourse or cajolery from the offender; and
with others, the crime shall be corruption of minors. 4. That the taking away of the offended party
must be with lewd designs.
FORCIBLE ABDUCTION VS. RAPE
There is forcible abduction if the resistance of the NOTE:
woman who alleges rape is not tenacious. Rape may  Even if the virgin is under 12 years of age, the
also absorb forcible abduction if the main objective crime committed is forcible abduction despite
is to rape the victim. Attempt to rape is absorbed in her consent to the elopement.
the element of lewd design.  The abduction of the victim need not be with
some character of permanence.
 Virginity is not in a literal or physical sense as to d. When the sexual advances result in
exclude the idea of abduction of a virtuous intimidating, hostile or offensive
woman of good reputation. environment for the student, trainee or
 It is sufficient that the abductor is instrumental apprentice.
in the escape of the victim, where she need not
be taken from her house Chapter Five: PROVISIONS RELATIVE TO THE
 It requires solicitation or cajolery. PRECEDING CHAPTERS OF TITLE ELEVEN
RA 7877 otherwise known as ANTI-SEXUAL Art. 344. Prosecution of the crimes of adultery,
HARASSMENT ACT OF 1995 concubinage, seduction, abduction, rape and acts
of lasciviousness. — The crimes of adultery and
How committed: concubinage shall not be prosecuted except upon
1. In a work-related or employment a complaint filed by the offended spouse.
environment:
a. The sexual favor is made as a condition in The offended party cannot institute criminal
the hiring in the employment, re- prosecution without including both the guilty
employment or continued employment of parties, if they are both alive, nor, in any case, if he
an individual or in granting an individual shall have consented or pardoned the offenders.
favorable compensation, terms of
conditions, promotions, or privileges; or the The offenses of seduction, abduction, rape or acts
refusal to grant the sexual favor shall result of lasciviousness, shall not be prosecuted except
in to the limiting, segregating or classifying upon a complaint filed by the offended party or
the employee in any way would her parents, grandparents, or guardian, nor, in any
discriminate, deprive or diminish case, if the offender has been expressly pardoned
employment opportunities or otherwise by the above named persons, as the case may be.
adversely affect said employee;
b. That the above acts would impair the In cases of seduction, abduction, acts of
employee’s rights or privileges under lasciviousness and rape, the marriage of the
existing labor laws; or offender with the offended party shall extinguish
c. The above acts would result in an the criminal action or remit the penalty already
intimidating, hostile or offensive imposed upon him. The provisions of this
environment for the employee. paragraph shall also be applicable to the co-
principals, accomplices and accessories after the
2. In an education or training environment, sexual fact of the above-mentioned crimes.
harassment is committed:
a. Against one who is under the care of, NOTE:
custody or supervision of the offender;  Adultery and concubinage must be prosecuted
b. Against one whose education, training, upon complaint signed by the offended spouse.
apprenticeship or tutorship is entrusted to  Seduction, abduction or acts of lasciviousness
the offender; must be prosecuted upon complaint signed by:
c. When the sexual favor is made a condition a. Offended party;
to the giving of passing grade, of the b. By her parents;
granting of honors and scholarships, or the c. Grandparents; or
payment of a stipend, allowance or other d. Guardians
benefits, privileges, or consideration; or  In the order in which they are named
above.
shall cooperate as accomplices in the perpetration

GENERAL RULE: The marriage in good faith of the crimes embraced in chapters, second, third,
between the offender and the offended party and fourth of this title, shall be punished as
extinguishes the criminal action or remit the penalty principals.
already imposed upon him. This applies as well to Teachers or other persons in any other capacity
the accomplices, accessories after the fact. entrusted with the education and guidance of
EXCEPTION: In case of multiple rapes. youth, shall also suffer the penalty of temporary
special disqualification in its maximum period to
Art. 345. Civil liability of persons guilty of crimes perpetual special disqualification.
against chastity. — Person guilty of rape,
seduction or abduction, shall also be sentenced: Any person falling within the terms of this article,
and any other person guilty of corruption of
1. To indemnify the offended woman; minors for the benefit of another, shall be
punished by special disqualification from filling the
2. To acknowledge the offspring, unless the law office of guardian.
should prevent him from so doing;
NOTE:
3. In every case to support the offspring. Persons who cooperates as accomplices but are
punished as principals in rape, seduction,
The adulterer and the concubine in the case abduction, etc:
provided for in Articles 333 and 334 may also be a. Ascendants;
sentenced, in the same proceeding or in a separate b. Guardians;
civil proceeding, to indemnify for damages caused c. Curators;
to the offended spouse. d. Teachers; and
e. Any other person, who cooperates as
NOTE: accomplice with abuse of authority or
 There is no civil liability for acts of confidential relationship.
lasciviousness.
 Moral damages may be awarded to the Title Twelve: CRIMES AGAINST THE CIVIL STATUS
offended party, and the parents for seduction, OF PERSONS
abduction, rape and other lascivious acts.
 Multiple Rapes by multiple offenders – all of Chapter One: SIMULATION OF BIRTHS AND
them must support the offspring and none of USURPATION OF CIVIL STATUS
them shall acknowledge or may claim paternity
of the offspring. Art. 347. Simulation of births, substitution of one
 Amount and terms of the support shall be child for another and concealment or
determined by the trial court as based on Art. abandonment of a legitimate child. — The
201 of the Family Code. simulation of births and the substitution of one
 Only indemnity shall be given in case of rape of child for another shall be punished by prision
a married woman. mayor and a fine of not exceeding 1,000 pesos.
Art. 346. Liability of ascendants, guardians, The same penalties shall be imposed upon any
teachers, or other persons entrusted with the person who shall conceal or abandon any
custody of the offended party. — The ascendants, legitimate child with intent to cause such child to
guardians, curators, teachers and any person who, lose its civil status.
by abuse of authority or confidential relationships,
Any physician or surgeon or public officer who, in  This felony is committed by a person who
violation of the duties of his profession or office, assumes the filiation, or parental or the
shall cooperate in the execution of any of the conjugal rights of another.
crimes mentioned in the two next preceding  Criminal intent to enjoy the civil rights of
paragraphs, shall suffer the penalties therein another by the offender knowing that he is not
prescribed and also the penalty of temporary entitled thereto is necessary to constitute this
special disqualification. crime.
 Circumstance qualifying the felony: When the
Act punishable: purpose of the impersonation is to defraud the
1. Simulation of births; offended party or his heirs.
Elements:
a. The child is baptized or registered in the Chapter Two: ILLEGAL MARRIAGES
Registry of birth as the offender’s
b. The child loses its real status and acquires Art. 349. Bigamy. — The penalty of prision mayor
a new one shall be imposed upon any person who shall
c. The offender’s purpose was to cause the contract a second or subsequent marriage before
loss of any trace as to the child’s real the former marriage has been legally dissolved, or
filiation. before the absent spouse has been declared
presumptively dead by means of a judgment
2. Substitution of one’s child for another; and rendered in the proper proceedings.
3. Concealing or abandoning any legitimate child
with the intent to cause such child to lose its Elements:
civil status. 1. That the offender has been legally married;
Elements: 2. That the first marriage has not been legally
a. The child must be legitimate; dissolved or, in case the spouse is absent. The
b. The offender conceals or abandons such absent spouse could not yet be presumed dead
child; and according to the Civil Code;
c. The offender has the intent to cause the 3. That the offender spouse contracted a
child lose his civil status. subsequent marriage; and
 The fact that the child will be benefited by the 4. That the second or subsequent marriage has all
simulation of birth is NOT a defense since it the requisites of a valid marriage;
creates a false status to the detriment of
members of the family to which the child is NOTE:
introduced.  The crime of bigamy does not fall within the
 A father who sells a child is not liable under this category of private crimes. Hence, it can be
article since there is no abandonment. prosecuted even without the initiative of the
offended spouse. In other words, bigamy is one
Art. 348. Usurpation of civil status. — The penalty crime de officio.
of prision mayor shall be imposed upon any person  The fact that the first marriage is void from the
who shall usurp the civil status of another, should beginning is NOT a defense in a bigamy charge.
he do so for the purpose of defrauding the There is a need for judicial declaration of the
offended part or his heirs; otherwise, the penalty nullity of the first marriage. Similarly, there
of prision correccional in its medium and must also be a summary proceeding to declare
maximum periods shall be imposed. the absent spouse presumptively dead for
purpose of remarriage.
NOTE:
 The mere private act of signing a marriage the nullity of the second marriage on the ground of
contract bears no semblance of valid marriage psychological incapacity.
and thus, needs no judicial declaration of
nullity. Such act alone, without more, cannot be Petitioner argues that this subsequent judicial
deemed to constitute an ostensibly valid declaration retroacts to the date of celebration of
marriage for which the petitioner might be held the marriage to Ancajas. As such, he argues that,
liable for bigamy unless he first secure a judicial since his marriage was subsequently declared void
declaration of nullity before he contracts a ab initio, the crime of bigamy was not committed.
subsequent marriage. (Morigo vs. People,
2004) The argument was not impressed with merit.
BIGAMY THRU RECKLESS IMPRUDENCE What the petitioner failed to realize is that a
The failure to exercise due diligence by the offender declaration of nullity of the second marriage on the
spouse to ascertain the whereabouts of the first ground of psychological incapacity is of absolutely
wife and his remarriage constitutes bigamy through no moment insofar as the State’s penal laws are
reckless imprudence. concerned.
WHEN THERE IS NO ACTUAL MARRIAGE As a subsequent marriage contracted during the

CEREMONY BY A SOLEMNIZING OFFICER, THERE IS subsistence of prior valid marriage to Villareyes,
NO MARRIAGE TO SPEAK OF, HENCE, THE petitioner’s marriage to Ancajas would be null
ACCUSED MUST BE ACQUITTED completely regardless of petitioner’s psychological
The trial court found that there is no actual incapacity. Thus, the nullity of the second marriage
marriage ceremony performed between Lucio and is not per se an argument for the avoidance of the
Lucia by an authorized solemnizing officer. The trial criminal liability of bigamy.
court held that the marriage is void ab initio, in
accordance with Articles 3 and 4 of the Family Code. Thus, as soon as the second marriage to Ancajas
was celebrated on April 10, 1990; during the
The first element of bigamy as a crime requires that subsistence of a prior valid marriage, the crime of
the accused must have been legally married. But in bigamy has already been consummated. There is no
this case, legally speaking, the petitioner was never cogent reason in distinguishing between a
married to Lucia Barrete. Thus, there is not first subsequent marriage that is null and void purely
marriage to speak of. Under the principle of because it is a second or subsequent marriage, and
retroactivity of marriage being declared as void ab a subsequent marriage which is void due to
initio, the two were not legally married from the psychological incapacity insofar as bigamy is
beginning. The contract of marriage is null; thus concerned.
bears no legal effect. In effect, the petitioner must
be acquitted of the instant charge. The act being punished in bigamy is the act of a
person of deliberately disregarding the permanent
EFFECT OF DECLARATION OF NULLITY OF THE character of special bond between spouses.
SECOND MARRIAGE ON THE GROUND OF
PSYCHOLOGICAL INCAPACITY; NULLITY OF SECOND CONVICTION FOR BIGAMY DOES NOT BAR
MARRIAGE IS NOT PER SE AN ARGUMENT FOR THE PROSECUTION FOR CONCUBINAGE
AVOIDANCE OF CRIMINAL LIABILITY FOR BIGAMY. One who is convicted for bigamy may be
The second tier of petitioner’s defense hinges on prosecuted for concubinage as both are distinct
the effects of the subsequent judicial declaration of offenses.
NOTE: the other by means of violence, intimidation or

The subsequent spouse is not necessarily liable for fraud.
bigamy.
Art. 351. Premature marriages. — Any widow who
ANY PERSON WHO VOUCHES FOR THE CAPACITY shall marry within three hundred and one day
OF A CONTRACTRING PARTY MAY BE CONSIDERED from the date of the death of her husband, or
AS AN ACCOMPLICE before having delivered if she shall have been
One who falsely vouches for the capacity of a pregnant at the time of his death, shall be
contracting party, known to him as previously punished by arresto mayor and a fine not
married, is considered as an accomplice. exceeding 500 pesos.
PARDON DOES NOT EXTINGUISH CRIMINAL The same penalties shall be imposed upon any
ACTION woman whose marriage shall have been annulled
A pardon by the offended spouse does not or dissolved, if she shall marry before her delivery
extinguish criminal action considering that a crime or before the expiration of the period of three
is committed against the State and the crime of hundred and one day after the legal separation.
Bigamy is a public offense which can be denounced
not only by the person affected thereby but by a Persons liable:
civic-spirited citizen who may come to know of the 1. A widow who married within 301 days from the
same. date of death of her legal husband, or before
having delivered if she is pregnant at the time
Art. 350. Marriage contracted against provisions of of his death;
laws. — The penalty of prision correccional in its 2. A woman whose marriage having been
medium and maximum periods shall be imposed dissolved or annulled, married before her
upon any person who, without being included in delivery or within 301 days after the date of
the provisions of the next proceeding article, shall dissolution of a valid marriage.
have not been complied with or that the marriage
is in disregard of a legal impediment. NOTE:
The purpose of the law in punishing the foregoing
If either of the contracting parties shall obtain the act is to prevent doubtful paternity.
consent of the other by means of violence,
intimidation or fraud, he shall be punished by the Art. 352. Performance of illegal marriage
maximum period of the penalty provided in the ceremony. — Priests or ministers of any religious
next preceding paragraph. denomination or sect, or civil authorities who shall
perform or authorize any illegal marriage
Elements: ceremony shall be punished in accordance with
1. That the offender contracted marriage; and the provisions of the Marriage Law.
2. That he knew at the time that:
a. The requirements of the law were not Acts punished:
complied with, or 1. Performance is authorization by a priest or
b. The marriage was in disregard of a legal minister of any religious denomination or sect;
impediment. or by civil authorities of any illegal marriage
ceremony.
NOTE: 2. A clergyman who performed a marriage
 Circumstance qualifying the offense – if either ceremony without knowledge of minority of
of the contracting parties obtains the consent of one of the contracting parties is not liable.
Chapter Thirteen: CRIMES AGAINST HONOR There is no distinction between calumny, insult and
libel. All kinds of attack against honor and
Chapter One: LIBEL reputation is punished.
Section One. — Definitions, forms, and WHEN MALICE IS PRESUMED

punishment of this crime It is presumed in injurious publications.
Art. 353. Definition of libel. — A libel is public and DEFINITION OF PUBLICATION

malicious imputation of a crime, or of a vice or Publication is the communication of defamatory
defect, real or imaginary, or any act, omission, matter to some third person/s.
condition, status, or circumstance tending to cause
the dishonor, discredit, or contempt of a natural or GENERALLY, PERSON WHOM LIBEL WAS
juridical person, or to blacken the memory of one COMMITTED AGAINST SHPULD BE IDENTIFIED
who is dead. The person whom libel was committed against must
be identified but the publication need not refer by
name to the party libeled. If the party is not named,
Elements: the libelous statement must show that the
1. That there must be an imputation of a crime, or description of the person referred to in the
of a vice or defect, real or imaginary, or any act, defamatory publication was sufficiently clear;
omission, condition, status or circumstance; enough that a third party could identify the
2. That the imputation must be made publicly; offended party.
3. That it must be malicious;
4. That imputation must be directed at a natural Contrary meaning of the writer is immaterial.
or juridical person, or one who is dead;
5. That the imputation must tend to cause the DEFAMATORY REMARKS AGAINST A GROUP IS
dishonor, discredit or contempt of the person NOT ACTIONABLE
defamed. Defamatory remarks directed at a group of persons
are not actionable UNLESS the statements are all
DEFINITION OF LIBEL embracing or sufficiently specific for each victim to
Libel is a public and malicious imputation of a be identifiable.
crime, or a vice or defect, real or imaginary, or any
act, omission, condition, status or circumstance THE NUMBER OF COUNTS FOR LIBEL MAY BE AS
tending to cause dishonor, discredit or contempt of MUCH AS THE NUMBER OF PERSONS DEFAMED
natural or juridical person, or to blacken the There are as many counts of libel as there are
memory of one who is dead. persons defamed.
KINDS OF MALICE: PRESUMPTION OF PUBLICATION: REASONABLE

1. Malice in law – that which should be proved PROBABILITY THAT IT IS READ BY THIRS PERSONS
2. Malice in fact – that which that may be taken Publication is presumed when there is reasonable
for granted due to the grossness of the probability that the alleged libelous matter was
imputation. thereby exposed to be read or seen by third
persons.
DEFAMATION
It may be libel or slander. It is the proper term for FALSE ACCUSATIONS NEED NOT BE MADE UNDER
libel in Art. 353. OATH
In libel, the false accusation need not be made Worth stressing, jurisprudence instructs us that a
under oath. On the other hand, oath is needed to privileged communication should not be subjected
constitute perjury. to microscopic examination to discover grounds for
malice or falsity.
SEDITIOUS LIBEL IS PUNISHABLE UNDER SEDITION
Seditious libel is punishable under Art. 142 Proof and motive that the publication was
prompted by a sinister design to vex and humiliate
Criteria to determine whether statements are petitioner has not been clearly and preponderantly
defamatory: established to entitle the petitioner to damages. Id.
1. Words are calculated to induce the hearers to
suppose and understand that the person Damages on the other hand could not simply arise
against whom they are uttered were guilty of from an inaccurate or false statement without
certain offenses, or are sufficient to impeach irrefutable proof of actual malice as element of the
their honesty, virtue or reputation, or to hold assailed publication.
the person up to public ridicule.
2. Words are construed not only as to the Categorical denials of the truth of allegations in a
expression used but also with respect to the publication place the burden upon the party
whole scope and apparent object of the writer. publishing it, either of proving the truth of the
(People vs. Encarnacion) imputations or of showing that the same was an
honest mistake or error committed despite good
To fully appreciate the importance of the complaint efforts to arrive at the truth. There is actual malice
alleging malice and damages, we recall the essence when there is either:
of libel. (Villanueva vs. Philippine Daily Inquirer, 1. Knowledge of the publication’s falsity; or
Inc., 588 SCRA 1) 2. Reckless disregard of whether the contents
of the publication were false or not.
As early as 1918, in United States vs. Cañete, 38
Phil. 253, this Court ruled that publication which is The doctrine of fair commentaries means “that
privileged for reasons of public policy is protected while in general every discreditable imputation
by the constitutional guaranty of freedom of publicly made is deemed false, because every man
speech. is presumed innocent until his guilt is judicially
proved and every false imputation is deemed
The public’s primary interest is in the event; the malicious, nevertheless, when the discreditable
public focus is on the conduct of the participant and imputation is directed against a public person in his
the content, effect and significance of the conduct, public capacity, it is not necessarily actionable. In
not the participant’s prior anonymity or notoriety. order that such discreditable imputation to a public
may be actionable, it must either be a false
A newspaper, especially one national in reach and allegation of fact or a comment based on a false
coverage, should be free to report on events and supposition”.
developments in which the public has a legitimate
interest with minimum fear of being hauled to court Art. 354. Requirement for publicity. — Every
by one group or another in criminal or civil charges defamatory imputation is presumed to be
for malice or damages, i.e. libel, so long as the malicious, even if it be true, if no good intention
newspaper respects and keeps within the standards and justifiable motive for making it is shown,
of morality and civility prevailing within the general except in the following cases:
community. Id.
1. A private communication made by any person REQUISITES:

to another in the performance of any legal, a. That the publication of a report of an
moral or social duty; and official proceeding is a fair and true report
of a judicial, legislative, or other official
2. A fair and true report, made in good faith, proceedings which are not confidential in
without any comments or remarks, of any nature, or of statement, report, or speech
judicial, legislative or other official proceedings delivered in said proceedings, or of any
which are not of confidential nature, or of any other act performed by a public officer in
statement, report or speech delivered in said the exercise of his function;
proceedings, or of any other act performed by b. That it is made in good faith; and
public officers in the exercise of their c. That it is made without any comments or
functions. remarks
Kinds of privileged communication: MALICE MUST BE PROVED TO CONVIC THE

1. Absolute privilege – not actionable even if the ACCUSED
actor has acted in bad faith. Prosecution must prove malice in fact to convict the
2. Qualified privilege – those which, although accused in case of qualified privileged
containing defamatory imputations, are not communication.
actionable unless made with malice or bad
faith. PRIVILEGE DOES AWAY WITH PRESUMPTION OF
MALICE
GENERAL RULE: Every defamatory imputation is The privilege simply does away with the
presumed to be malicious even if it be true and if presumption of malice.
there is no good intention and justifiable motive
for making its own. ABSOLUTE PRIVILEGED COMMUNICATIONS IS NOT
ACTIONABLE
EXCEPTIONS: Absolute privilege communication is not actionable
1. Private communication in performance of legal, even if done in bad faith – these are the statements
moral or social duty made by members of the Congress in the discharge
of their functions; Judicial Proceedings when
REQUISITES: pertinent and relevant to subject of inquiry.
a. That the person who made the
communication had a legal, moral or social QUALIFIED PRIVILEGE IS LOST BY PROOF OF
duty to make the communication or at least MALICE
he had an interest to be upheld;
b. That the communication is addressed to an EFFECT OF UNNECESSARY PUBLICITY
officer or a board, or a superior, having Unnecessary publicity destroys good faith.
some interest or duty on the matter; and
c. That the statements in the communication Defense of privileged communication in paragraph
are made in good faith without malice in one: it shall be rejected if it shown that the accused
fact. acted with malice in fact and there is no reasonable
ground for believing the charge to be true. E.g. no
2. Fair and true report of official proceedings, personal investigation made, probable cause in
made in good faith, without any comments and belief is sufficient.
remarks
DEFINITION OF MALICE IN FACT
Malice in fact – rivalry or ill-feeling existing at date  The use of amplifier – slander
of publication; the intention is to injure the  The use of television program – libel
reputation of the offended party and is motivated  The penalty is in addition to civil liability
by hate and revenge.  Libel may be absorbed on crime of threats if
intent to threaten is the principal aim and
COMMENTS ON THE CONDUCT OF PUBLIC object.
OFFICERS DO NOT CONSTITUTE LIBEL
Defamatory remarks and comments on the conduct Art. 356. Threatening to publish and offer to
or acts of public officers which are related to the present such publication for compensation. — The
discharge of their official duties will constitute libel penalty of arresto mayor or a fine from 200 to
if the defendant proves the truth of his imputation. 2,000 pesos, or both, shall be imposed upon any
Any attack upon private character on matters not person who threatens another to publish a libel
related to the discharge of official duties may be concerning him or the parents, spouse, child, or
libelous. Conduct related to discharge of duties other members of the family of the latter or upon
public officers are matters of public interest. anyone who shall offer to prevent the publication
of such libel for a compensation or money
MENTAL, MORAL AND PHYSICAL FITNESS OF consideration.
CANDIDATE ARE SUBJECT TO CRITICISM
Such criticisms though do not follow a public man to ACTS PUNISHABLE:
his private life and domestic concerns. 1. By threatening another to publish a libel
concerning him or his parents, spouse, child or
STATEMENTS MADE IN SELF DEFENSE other members of his family; or
Statements made in self defense or in mutual 2. By offering to prevent the publication of such
controversy are often privileged; the person libeled libel for compensation, or money consideration.
is justified to hit back with another libel. However,
retaliation and vindictiveness cannot be basis of  Blackmail as any unlawful extortion of money
self-defense in defamation; self-defense must be on by threats of accusation and exposure is
matters related to imputations made one person possible in the crimes of light threats (Art. 283)
invoking the defense. and in threat to publish libel (Art. 356).
Art. 355. Libel means by writings or similar means. Art. 357. Prohibited publication of acts referred to
— A libel committed by means of writing, printing, in the course of official proceedings. — The penalty
lithography, engraving, radio, phonograph, of arresto mayor or a fine of from 200 to 2,000
painting, theatrical exhibition, cinematographic pesos, or both, shall be imposed upon any
exhibition, or any similar means, shall be punished reporter, editor or manager or a newspaper, daily
by prision correccional in its minimum and or magazine, who shall publish facts connected
medium periods or a fine ranging from 200 to with the private life of another and offensive to
6,000 pesos, or both, in addition to the civil action the honor, virtue and reputation of said person,
which may be brought by the offended party. even though said publication be made in
connection with or under the pretext that it is
NOTE: necessary in the narration of any judicial or
 The means by which libel may be committed administrative proceedings wherein such facts
are writing, printing, lithography, engraving, have been mentioned.
radio, phonograph, painting, theatrical or
cinematographic exhibitions, or any similar Elements:
means.
1. That the offender is a reporter, editor or  If the utterances were made publicly and were
manager of a newspaper, magazine or daily; heard by many people and the accused at the
2. That he publishes facts connected with the same time pointed his finger at the
private life of another; and complainant, oral defamation is committed.
3. That such facts are offensive to the honor,  In Reyes vs. People, the Court ruled that the
virtue and reputation of said persons. expression “putang ina mo” is a common
enough utterance in the dialect that is often
NOTE: employed, not really to slander but rather to
 The prohibition to publish applies even such express anger or displeasure. In fact, more
publication be made in connection with or often , it is just an expletive that punctuates
under the pretext that it is necessary in the one’s expression of profanity. (Rogelio Pader
narration of any judicial or administrative vs. People, GR No. 139157, Feb. 8, 2000)
proceedings wherein such facts have been
mentioned. Art. 359. Slander by deed. — The penalty of arresto
 Art. 357 constitutes the “Gag Law” which bars mayor in its maximum period to prision correccional
from publication news reports on cases in its minimum period or a fine ranging from 200 to
pertaining to adultery, divorce, issues about 1,000 pesos shall be imposed upon any person who
the legitimacy of children, etc. shall perform any act not included and punished in
 Source of news report may not be revealed this title, which shall cast dishonor, discredit or
unless the court or Congress finds such contempt upon another person. If said act is not of
revelation is demanded by the security of the a serious nature, the penalty shall be arresto menor
state. or a fine not exceeding 200 pesos.
Art. 358. Slander. — Oral defamation shall be Elements:

punished by arresto mayor in its maximum period 1. That the offender performs any act not
to prision correccional in its minimum period if it is included in any other crime against honor;
of a serious and insulting nature; otherwise the 2. That such act is performed in the presence of
penalty shall be arresto menor or a fine not other person/s; and
exceeding 200 pesos. 3. That such act casts dishonor, discredit or
contempt upon the offended party.
KINDS OF ORAL DEFAMATION:
1. GRAVE SLANDER – defamation is of serious and Seriousness of slander by deed depends on the
insulting nature social standing of the offended party, the
2. SIMPLE SLANDER – light insult or defamation circumstances present or surrounding the
commission of the act and the occasion.
Factors that determine the gravity of the offense:
1. Expressions used; Distinctions among:
2. Personal relations of the accused and the 1. Unjust vexation – irritation or annoyance;
offended party; anything that annoys or irritates without
3. Circumstances surrounding the case; and justification.
4. Social standing and position of the offended 2. Slander by deed – irritation and annoyance and
party. the attendant publicity and dishonor or
contempt.
NOTE: 3. Acts of lasciviousness – irritation or annoyance
 Words uttered in the heat of anger constitute and any of the three circumstances provided in
oral defamation. Art. 335 on rape, i.e. use of force or
intimidation; deprivation of reason or rendering where the criminal action or civil action for
the offended unconscious; or of offended party damages is first filed, shall acquire jurisdiction to
was under 12 years of age together with lewd the exclusion of other courts: And provided,
designs. finally, That this amendment shall not apply to
cases of written defamations, the civil and/or
Section Two. – General Provisions criminal actions which have been filed in court at
the time of the effectivity of this law.
Art. 360. Persons responsible. — Any person who
shall publish, exhibit, or cause the publication or Preliminary investigation of criminal action for
exhibition of any defamation in writing or by written defamations as provided for in the chapter
similar means, shall be responsible for the same. shall be conducted by the provincial or city fiscal of
the province or city, or by the municipal court of
The author or editor of a book or pamphlet, or the the city or capital of the province where such
editor or business manager of a daily newspaper, action may be instituted in accordance with the
magazine or serial publication, shall be responsible provisions of this article.
for the defamations contained therein to the same
extent as if he were the author thereof. No criminal action for defamation which consists
in the imputation of a crime which cannot be
The criminal and civil action for damages in cases prosecuted de officio shall be brought except at
of written defamations as provided for in this the instance of and upon complaint expressly filed
chapter, shall be filed simultaneously or separately by the offended party. (As amended by R.A. 1289,
with the court of first instance of the province or approved June 15, 1955, R.A. 4363, approved June
city where the libelous article is printed and first 19,1965).
published or where any of the offended parties
actually resides at the time of the commission of Persons liable:
the offense: Provided, however, That where one of 1. The person who publishes, exhibits or causes
the offended parties is a public officer whose the publication or exhibition of any
office is in the City of Manila at the time of the defamation in writing or similar means;
commission of the offense, the action shall be filed 2. The author or editor of a book or pamphlet;
in the Court of First Instance of the City of Manila, 3. The editor or business manager of a daily
or of the city or province where the libelous article newspaper, magazine or serial publication; and
is printed and first published, and in case such 4. The owner of the printing plant which
public officer does not hold office in the City of publishes a libelous article with his consent and
Manila, the action shall be filed in the Court of all other persons, who in any way participate in
First Instance of the province or city where he held or have connection with its publication.
office at the time of the commission of the offense
or where the libelous article is printed and first Venue of the criminal and civil action for damages
published and in case one of the offended parties in cases of written defamation:
is a private individual, the action shall be filed in 1. Where the libelous article is printed and first
the Court of First Instance of the province or city published;
where he actually resides at the time of the 2. Where any of the offended parties actually
commission of the offense or where the libelous resides at the time of the commission of the
matter is printed and first published: Provided, offense, or
further, That the civil action shall be filed in the 3. Where one of the offended parties is a public
same court where the criminal action is filed and officer:
vice versa: Provided, furthermore, That the court
a. If his office is in the City of Manila, with the In such cases if the defendant proves the truth of
RTC of Manila, or the city/province where the imputation made by him, he shall be acquitted.
the article is printed and first published.
b. Otherwise, with the RTC or the PROOF OF TRUTH IS ADMISSIBLE WHEN:
city/province where he held office at the 1. The act or omission imputed constitutes a
time of the offense; or where the article is crime regardless of whether the offended party
first published, or is a private individual or a public officer, or
4. Where one of the offended parties is a private 2. The offended party is a government employee,
individual, with the RTC of province/city where even if the act or omission imputed does not
he actually resides at the time of the crime or constitute a crime, provided it is related to the
where the article was printed or first published. discharge of his official duties.
NOTE: Requisites for acquittal from a libel charge:

 Complaint for defamation imputing a private 1. It appears that the matter charged as libelous is
crime, i.e. adultery, concubinage, seduction, TRUE for both situations enlisted above.
abduction and acts of lasciviousness; must be 2. It was published with good motives and for a
filed by the offended party. justifiable end applicable to the first situation
 Person who publishes libelous letter written by given above.
the offended party is liable. Publishing and not
composing is the prime requisite of the crime. NOTE:
 Liability of editor is the same as of the author.  The proof of the truth of the accusation cannot
 Limitations of venue: This is in order to be made to rest upon mere hearsay, rumors, or
minimize interference with public function if a suspicion but upon positive, direct evidence
public officer, and also to avoid unnecessary upon which a definite finding may be made by
harassment of the accused to limit out-of-town the court.
libel suits.  An imputation that a person has contagious
 Action for exemplary damages may be awarded disease might under ordinary circumstances be
if action is based on quasi-delict. defamatory but loses such character when
 No remedy for damages for slander or libel in made with good intention and justifiable
case of absolutely privileged communication. motive.
 There is no libel when there is no malice.
Art. 361. Proof of the truth. — In every criminal  Retraction may mitigate the damages; if article
prosecution for libel, the truth may be given in is libelous per se, publication due to honest
evidence to the court and if it appears that the mistake is only mitigating.
matter charged as libelous is true, and, moreover,
that it was published with good motives and for Art. 362. Libelous remarks. — Libelous remarks or
justifiable ends, the defendants shall be acquitted. comments connected with the matter privileged
under the provisions of Article 354, if made with
Proof of the truth of an imputation of an act or malice, shall not exempt the author thereof nor
omission not constituting a crime shall not be the editor or managing editor of a newspaper from
admitted, unless the imputation shall have been criminal liability.
made against Government employees with respect
to facts related to the discharge of their official NOTE:
duties.  Libelous remarks or comments on privileged
matters under Art. 354, if made with malice in
fact, will not exempt the author and editor.
 This article is a limitation to the defense or 1. In false incrimination, the offender performs an
privileged communication. Even if the matter is act to directly incriminate or impute
privileged and malice in fact is proved, both commission of crime; while in perjury, the
author and editor shall be liable. imputation is falsely made before an officer
 Author/editor of the publication who distorts, qualified to take an oath.
mutilates or discolors official proceedings 2. The act punishable in incrimination is the act of
reported by him, or add comments thereon to planting evidence; while in perjury, the act
cast aspersion on character of parties punished is the false statement or affidavit
concerned is guilty of libel. made under oath.
3. On account of penalty, arresto mayor as to the
Chapter Two: INCRIMINATORY MACHINATIONS incrimination while arresto mayor in its
maximum period to prision correccional in its
Art. 363. Incriminating innocent person. — Any minimum period.
person who, by any act not constituting perjury,
shall directly incriminate or impute to an innocent Art. 364. Intriguing against honor. — The penalty
person the commission of a crime, shall be of arresto menor or fine not exceeding 200 pesos
punished by arresto menor. shall be imposed for any intrigue which has for its
principal purpose to blemish the honor or
Elements: reputation of a person.
1. That the offender performs an act;
2. That by such act he directly incriminates or NOTE:
imputes to an innocent person the commission  This felony is committed by any person who
of a crime; and shall make any intrigue which has its principal
3. That such act does not constitute perjury. purpose to blemish the honor or reputation of
another person. It is committed by saying to
2 ways of incrimination an innocent person: others an unattributable thing, that if it said to
1. Making a statement which constitutes: the person himself, slander shall be committed.
a. Defamation, or  Intriguing against honor refers to any scheme or
b. Perjury, if made under oath and is false plot designed to blemish the reputation of
another by means of trickery.
2. Planting evidence  The intrigue is resorted to blemish honor or
reputation of another person.
NOTE:  Must be committed by means of some tricky
 Art. 363 is limited to the planting of evidence and secret plot, and not gossiping which on the
and the like, which tend to directly cause false other hand false under defamation.
prosecution.  Where the source or author of derogatory
 Incriminatory machinations distinguished from information cannot be determined and
defamation – does not avail himself of written defendant passes it to others, defendant’s act is
or spoken words one of intriguing against honor; if it came from
 There is complex crime of incriminating an a definite source, the crime therefore is slander.
innocent person through unlawful arrest
A.M. 06-2008 OTHERWISE KNOWN AS RULE OF
DISTINCTION BETWEEN THE CRIMES OF PREFERENCE IN IMPOSITION OF PENALTIES IN
INCRIMINATING AN INNOCENT PERSON AND LIBEL CASE
PERJURY BY MAKING FALSE ACCUSATION Art. 355 of the RPC penalizes libel, committed by
means of writing, printing, lithography, engraving,
radio, phonograph, painting, theatrical exhibition, figures in relation to matters of public interest
cinematographic exhibition or any similar means, involving them.
with prision correccional in its minimum and
medium periods or fine ranging from 200 to 6,000 In Jose Alemania Buatis vs. People and Atty. Jose
pesos or both, in addition to the civil action which Pieraz, the Court opted to impose upon petitioner,
may be brought by the offended party. a lawyer, the penalty of fine only for the crime of
libel considering that it was his first offense and he
In the following cases, the Court opted to impose was motivated purely by his belief that he was
only a fine on the person convicted by the crime of merely exercising a civic or moral duty to his client
libel: when wrote the defamatory letter to the private
complainant.
In Fernando Sazon vs. CA and People, the Court
modified the penalty imposed upon the petitioner, The foregoing cases indicate an emergent rule of
an officer of a homeowners’ association, for the preference to for the imposition of fine only rather
crime of libel from imprisonment and fine in the than imprisonment in libel cases under the
amount of 200 pesos, to fine of 3,000 pesos only, circumstances therein specified.
with subsidiary imprisonment in case of insolvency,
for the reason that he wrote the libelous article All courts and judges concerned should be
merely to defend his honor against the malicious henceforth take note of the foregoing rule of
messages that earlier circulated around the preference set by the Supreme Court on the matter
subdivision, which he thought was the handiwork of of the imposition of penalties for the crime of libel
the private complainant. bearing in mind the following principles:
In Quirico Mari vs. CA and People, where the crime a. The Administrative Circular does not remove
involved is slander by deed, the Court modified the imprisonment as an alternative penalty for the
penalty imposed on the petitioner, an ordinary crime of libel under Art. 355 of the RPC.
government employee from imprisonment to a fine b. The Judges concerned may, in the exercise of
1,000 pesos only, with subsidiary imprisonment in sound discretion, and taking into consideration
case of insolvency, on the ground that the latter the peculiar circumstances of each case,
committed the offense in the heat of anger and in determine whether the imposition of a fine
reaction to a perceived provocation. alone would best serve the interests of justice
or whether the forbearing to impose
In Roberto Brillante vs. CA, the Court deleted the imprisonment would depreciate the seriousness
penalty of imprisonment imposed upon petitioner, of the offense, work violence on the social
a local politician, but maintained the penalty of fine order, or otherwise be contrary to the
of 4,000 pesos, with subsidiary imprisonment in imperative justice;
case of insolvency, in each of the (5) cases of libel, c. Should only a fine be imposed, and the accused
on the ground that intensely feverish passions be unable to pay the fine, there is no legal
evoked during the election period in 1988 must obstacle to the application of the RPC provision
have agitated petitioner into writing his open letter; on subsidiary imprisonment.
and that incomplete privileged communication
should be appreciated in favor of petitioner, Chapter Fourteen: QUASI-OFFENSE
especially considering the wide latitude traditionally
given to defamatory utterances against public Art. 365. Imprudence and negligence. — Any
officials in connection with or relevant to their person who, by reckless imprudence, shall commit
performance of official duties or against public any act which, had it been intentional, would
constitute a grave felony, shall suffer the penalty 2. When, by imprudence or negligence and with
of arresto mayor in its maximum period to prision violation of the Automobile Law, to death of a
correccional in its medium period; if it would have person shall be caused, in which case the
constituted a less grave felony, the penalty of defendant shall be punished by prision
arresto mayor in its minimum and medium periods correccional in its medium and maximum
shall be imposed; if it would have constituted a periods.
light felony, the penalty of arresto menor in its
maximum period shall be imposed. Reckless imprudence consists in voluntary, but
without malice, doing or falling to do an act from
Any person, who, by simple imprudence or which material damage results by reason of
negligence, shall commit an act which would inexcusable lack of precaution on the part of the
otherwise constitute a grave felony, shall suffer person performing of failing to perform such act,
the penalty of arresto mayor in its medium and taking into consideration his employment or
maximum periods; if it would have constituted a occupation, degree of intelligence, physical
less serious felony, the penalty of arresto mayor in condition and other circumstances regarding
its minimum period shall be imposed. persons, time and place.
When the execution of the act covered by this Simple imprudence consists in the lack of
article shall have only resulted in damage to the precaution displayed in those cases in which the
property of another, the offender shall be damage impending to be caused is not immediate
punished by a fine ranging from an amount equal nor the danger clearly manifest.
to the value of said damages to three times such
value, but which shall in no case be less than The penalty next higher in degree to those
twenty-five pesos. provided for in this article shall be imposed upon
the offender who fails to lend on the spot to the
A fine not exceeding two hundred pesos and injured parties such help as may be in this hand to
censure shall be imposed upon any person who, by give. (As amended by R.A. 1790, approved June 21,
simple imprudence or negligence, shall cause some 1957).
wrong which, if done maliciously, would have
constituted a light felony. QUASI-OFFENSES ARE COMMITTED IN FOUR
WAYS:
In the imposition of these penalties, the court shall 1. By committing through reckless imprudence
exercise their sound discretion, without regard to any act which, had it been intentional, would
the rules prescribed in Article 64. constitute a grave or less grave felony or light
felony;
The provisions contained in this article shall not be 2. By committing through simple imprudence or
applicable: negligence an act which would otherwise
constitute a grave or less serious felony;
1. When the penalty provided for the offense is 3. By causing damage to the property of another
equal to or lower than those provided in the through reckless imprudence or simple
first two paragraphs of this article, in which imprudence or negligence; or
case the court shall impose the penalty next 4. By causing through simple imprudence or
lower in degree than that which should be negligence some wrong which, if done
imposed in the period which they may deem maliciously, would have constitute a light
proper to apply. felony.
Elements or reckless imprudence: Technical term “Reckless Imprudence resulting in

1. That the offender does or fails to do an act; Homicide”; what is punished is not the act itself but
2. That the doing of or the failure to do that act is the mental attitude or condition behind the act.
voluntary;
3. That it be without malice; NEGLIGENCE IS A QUASI-OFFENSE
4. The material damage results; and Negligence is a quasi-offense. What is punished is
5. That there is inexcusable lack of precaution on not the effect of the negligence but the recklessness
the part of the offender, taking into of the accused.
consideration
a. His employment or occupation TEST OF NEGLIGENCE
b. Degree of intelligence, physical condition, Test of Negligence: Would a prudent man foresee
and harm as a reasonable consequence of the course
c. Other circumstances regarding persons, about to be pursued?
time and place. Reasonable foresight of harm, followed by ignoring
of admonition bon of this provision.
Elements of simple imprudence:
1. That there is lack of precaution on the part of RECKLESS IMPRUDENCE VS. FORCE MAJEURE
the offender; and Force Majeure is an event that cannot be foreseen,
2. That the damage impending to be caused is not or which being foreseen is inevitable; implies an
immediate or the danger is not clearly extraordinary circumstance independent of will of
manifest. actor; in reckless imprudence damage or injury may
be preventable by exercise of reasonable care and
threatened upon conduct about to be pursued by
the actor.
ARTICLE 64 IS NOT APPLICABLE IN QUASI-
OFFENSES CONTRIBUTORY NEGLIGENCE ONLY MITIGATES
Art. 64 on mitigating and aggravating circumstances LIABILITY
is not applicable in quasi-offenses. Contributory negligence of offended party is not a
defense but only mitigates criminal liability.
QUALIFYING CIRCUMSTANCE IN QUASI-OFFENSES
Qualifying circumstance in quasi offense: The LAST CLEAR CHANCE RULE
offender’s failure to lend on-the-spot assistance to The contributory negligence of the injured party will
the victim of his negligence, abandoning one’s not defeat the action if it be shown that the accused
victim is usually punishable under Art. 275. But if it might, by the exercise of reasonable care and
is charged under Art. 365, it is only a qualifying prudence, have avoided the consequences of the
circumstance, and if not alleged, it cannot even be negligence of the injured party.
an aggravating circumstance.
EMERGENCY RULE
IMPRUDENCE OR NEGLIGENCE IS A WAY OF A person confronted with emergency may be left
COMMITTING A CRIME with no time for thought, must make speedy
Imprudence or negligence is not a crime in itself, decision based on impulse or instinct, and cannot
but simply a way of committing a crime. be held liable for the same conduct as one who had
opportunity to reflect; applicable only when
MENTAL ATTITUDE IS PUNISHABLE situation that arises is sudden and unexpected, and
is such as to deprive him of all opportunity for
deliberation. Ex. An automobile driver, who, by the
negligence of another, is suddenly placed in an

emergency and compelled to act instantly to avoid a Chapter Fifteen: OTHER SPECIAL PENAL LAWS
collision or injury is not guilty of negligence if he
makes a choice which a person of ordinary I. RA 7659 otherwise known as HEINOUS
prudence placed in such a position might make CRIMES ACT OF 1993
even though he did not make the wisest choice.
Crimes punishable by death:
VIOLATION OF A RULE IS PROOF OF NEGLIGENCE a. Treason (Art. 114)
Violation of a rule or regulation or law is proof of b. Qualified Piracy (Art. 123)
negligence. c. Qualified Bribery (Art. 211-A)
d. Parricide (Art. 246)
Title Fifteen: FINAL PROVISIONS e. Murder (Art. 248)
f. Infanticide (Art. 255)
Article 366. Application of laws enacted prior to However, if any crime penalized in this article
this Code. - Without prejudice to the provisions be committed by the mother of the child for the
contained in Article 22 of this Code, felonies and purpose of concealing her dishonor, she shall
misdemeanors, committed prior to the date of suffer the penalty of prision mayor in its
effectiveness of this Code shall be punished in medium and maximum periods, and if said
accordance with the Code or Acts in force at the crime be committed for the same purpose by
time of their commission. the maternal grandparents or either of them,
the penalty shall be reclusion temporal.
Art. 367. Repealing Clause. — Except as is provided
in the next preceding article, the present Penal g. Kidnapping and Serious Illegal Detention (Art.
Code, the Provisional Law for the application of its 267)
provisions, and Acts Nos. 277, 282 ,480, 518, 519, h. Robbery (Art. 294)
899, 1121, 1438, 1523, 1559, 1692, 1754, 1955, When by reason or on occasion of the robbery,
1773, 2020, 2036, 2071, 2142, 2212, 2293, 2298, the crime of homicide shall have been
2300, 2364, 2549, 2557, 2595, 2609, 2718, 3103, committed, or when the robbery shall have
3195, 3244, 3298, 3309, 3313, 3397, 3559, and been committed with rape or intentional
3586, are hereby repealed. mutilation or arson.
The provisions of the Acts which are mentioned
hereunder are also repealed, namely: i. Destructive Arson (Art. 320)
Act 666, Sections 6 and 18. j. Rape (Art. 266-A)
Act 1508, Sections 9, 10, 11, and 12. 1. Committed with the use of deadly weapon
Act 1524, Sections 1, 2, and 6. or by two or more persons
Act 1697, Sections 3 and 4. 2. When by reason or on the occasion of rape,
Act 1757, Sections 1, 2, 3, 4, 5, 6, 7, (first clause), the victim has become insane
11, and 12. 3. When the rape is attempted or frustrated
Act 2381, Sections 2, 3, 4, 6, 8, and 9. and homicide is committed by reason or on
Act 2711, Sections 102, 2670, 2671, and 2672. the occasion thereof
Act 3247, Sections 1, 2, 3, and 5; and General Order, 4. Committed with the attendant
No. 58, series of 1900, Section 106. circumstances
And all laws and parts of laws which are contrary to
the provisions of this Code are hereby repealed. k. Plunder (RA 7080)
l. Violation of Dangerous Drugs Act (RA 9165)
Approved: December 8, 1930 m. Anti-Carnapping Act (RA 6395)
1. Any person who shall unlawfully manufacture,

GENERAL RULE: The death penalty shall be imposed deal in, acquire, dispose, or possess any low-
in all cases upon which it must be imposed under powered firearm, part of firearm, ammunition
existing laws. or machinery, tool or instrument used or
intended to be used in the manufacture of any
EXCEPTIONS: In all cases where death penalty shall firearm or ammunition. The owner, president,
be the proper punishment, reclusion perpetua shall manager, director or other responsible officer
be imposed instead: of any public or private firm, company
corporation or entity, who shall willfully or
1. When the guilty person is below 18 years of age knowingly allow any of the firearms owned by
at the time of the commission of the crime. such firm, company, corporation or entity to be
used by any person/s found guilty of violating
2. When the guilty person is more than 70 years of the provisions of the preceding paragraphs or
age; willfully or knowingly allow any of them to use
unlicensed firearm/s without any legal authority
3. When upon appeal or automatic review of the to be carried outside of their residence in the
case by the Supreme Court, the required course of their employment;
majority vote is not obtained for the imposition 2. Any person who shall carry any licensed firearm
of death penalty. outside his residence without legal authority to
do so;
RA 9346 DID NOT ABOLISH DEATH PENALTY 3. Any person who shall unlawfully manufacture,
RA 9346 merely prohibited the imposition of death assemble, deal in, acquire, dispose, or possess
penalty. Accordingly, it repealed or amended RA hand grenade/s, rifle grenade/s, and other
8177, otherwise known as the Act Designating explosives or other incendiary devices capable
Death by Lethal Injection, RA 7659 or Death Penalty of producing destructive effect on contiguous
Law and all other laws, executive orders and objects or causing injury or death to any person.
decrees, insofar as they impose the death penalty. Any person who shall unlawfully tamper,
change deface or erase the serial number of any
RECLUSION PERPETUA AND LIFE IMPRISONMENT firearm; and
INSTEAD OF DEATH PENALTY 4. Any person who shall unlawfully repack, alter or
It depends on what law the offender has violated. In modify the composition of any lawfully
lieu of death penalty, the following shall be manufactured explosives.
imposed:
a. The penalty of reclusion perpetua, when Unlicensed firearms may include:
the law violated makes use of the 1. Firearms with expired license; or
nomenclature of the penalties of the RPC; 2. Unauthorized use of licensed firearm in the
or commission of the crime.
b. The penalty of life imprisonment, when the
law violated does not make use of the NOTE:
nomenclature of the penalties of the RPC.  The language of RA 8294 effectively exonerates
the accused of illegal possession, an offense
II. RA 8294 otherwise known as the LAW which may carry a heavier penalty than the
PENALIZING ILLEGAL POSSESSION OF “other crime” committed. Indeed, the accused
FIREARMS may evade conviction for illegal possession by
committing a lighter offense, like alarm and
Persons liable: scandal. However, the wisdom of the law is not
subject to the Court’s review. (People vs. of People vs. Solayao, the Court has expounded on
Ladjaalam, 2000) this doctrine, thus:
 PD 1866, which codified the laws on illegal
possession of firearms, was amended on June 6, “xxx…by its nature, an admission is the
1997 by RA 8264. Aside from lowering the mere acknowledgment of a fact or
penalty for the said crime, the said RA also circumstance from which guilt may be
provided that if homicide or murder was inferred, tending to incriminate the
committed with the use of unlicensed firearm, speaker, but not sufficient of itself to
such use shall be considered a special establish guilt.” In other words, it is a
aggravating circumstance. This amendment has statement by defendant of fact/s
two implications: first, the use of unlicensed pertinent to issues pending, in
firearm in the commission of homicide or connection with proof of other facts to
murder shall not be treated as a separate prove guilt, but which of itself,
offense but merely as a special aggravating insufficient to authorize conviction.
circumstance; second, as only a single crime, From the principles stated above, the
(homicide or murder with an aggravating Court can infer that an admission in
circumstance of illegal possession of firearm) is criminal cases is insufficient to prove
committed under the law, only one penalty beyond reasonable doubt the
shall be imposed upon the accused. commission of the crime charged.”
 Deducing therefrom, and considering that the
provisions of the amendatory law are favorable III. RA 9160 otherwise known as ANTI-MONEY
to the herein appellant, the new law should be LAUNDERING ACT OF 2001
retroactively applied in the case at bar. It was
thus error for the trial court to convict the Money laundering – a crime where the proceeds of
appellant for two separate offenses; i.e. unlawful activity are transacted, thereby making
homicide with illegal possession of firearms and them appear to have originated from legitimate
punish him separately for each crime. Based on sources.
the facts of the case, the crime for which the
appellant should be charged is homicide Persons liable:
aggravated by illegal possession of firearms, the 1. Any person knowing that monetary instrument
correct denomination for the crime and NOT or property represents, involves or relates to,
illegal possession of firearm aggravated by the proceeds of any unlawful activity, transacts
homicide as ruled by the trial court, as it is the or attempts to transact said monetary
former offense which aggravated the crime of instrument or property.
homicide under the amendatory law. 2. Any person knowing that any monetary
instrument or property involves the proceeds of
EVEN IF THE ACCUSED ADMIITED THAT HE HAS NO any unlawful activity performs or fails to
LICENSE, SUCH ADMISSION IS NOT SUFFICIENT perform any act as a result of which he
PROOF OF ILLEGAL POSSESSIONOF FIREARM facilitates the offense of money laundering
Hence, in the case at bar, although the appellant referred to in the paragraph above.
himself admitted that he had no license for the gun 3. Any person knowing that any monetary
recovered from his possession, his admission will instrument or property is required under this
not relieve the prosecution of its duty to establish Act to be disclosed and filed with the Anti-
proof beyond reasonable doubt the appellant’s lack Money Laundering Council, fails to do so.
of license or permit to possess the gun. In the case
Covered transaction: IV. RA 9165 OTHERWISE KNOWN AS DANGROUS

Transaction in excess of P500, 000 within one DRUGS ACT
banking day.
What is material to the prosecution for illegal sale
Suspicious transaction, requisites: of dangerous drugs is the proof that the transaction
1. Covered institution or sale actually took place, coupled with the
2. Regardless of amount, and presentation in court of evidence or corpus delicti.
3. Any of the following circumstances: (People vs. Macatingag, 576 SCRA 354; Cruz vs.
a. No economic justification People, 578 SCRA 147; People vs. Frondoza, 597
b. Client is not properly identified SCRA 407; People vs. Capco, 6000 SCRA 204;
c. Amount is not commensurate with the People vs. Lazaro, Jr., 604 SCRA Ventura, 604 SCRA
financial capacity 543)
d. Structure to avoid reporting
e. Deviation from client’s profile or past Prosecutions involving illegal drugs depend largely
transactions on the credibility of the police officers who
f. Unlawful activity under this Act conducted on the buy-bust operation. (People vs.
g. Similar or analogous circumstances Encila, 578 SCRA 341; People vs. Naelga, 599 SCRA
477)
Unlawful activities:
a. Kidnapping for ransom The conduct of buy-bust operation is a common and
b. Comprehensive Dangerous Drugs Act of accepted mode of apprehending those involved in
2002 (Sec. 4,5,6,8,9,10,12,14,15,16) the illegal sale of prohibited or regulated drugs.
c. Anti-Graft and Corrupt Practices Act (Sec. 3,
par. B,C,E,G,H and I) What is of utmost importance is the preservation of
d. Plunder the integrity and the evidentiary value of the seized
e. Robbery and extortion items, as the same would be utilized in the
f. Jueteng and Masiao punished as illegal determination of the guilt or innocence of the
gambling accused.
g. Piracy on the high seas
h. Qualified theft The illegal sale of any dangerous drug, regardless of
i. Swindling its quantity and purity is punishable by life
j. Smuggling imprisonment to death and a fine of P500, 000 to
k. Electronic Commerce Act of 2000 P10, 000, 000.
l. Hijacking and other violation of RA 6235;
destructive arson and murder, including A buy-bust operation is a form of entrapment
those perpetrated by terrorists against non- whereby ways and means are resorted to the
combatants purpose of trapping and capturing the lawbreakers
m. Securities Regulations Code f 2000 in the execution of their criminal plan. Xxx
n. Offenses of similar nature punishable by Prosecution of the illegal sale, shabu, the following
foreign penal laws elements must be established:
1. The identity of the buyer and the seller; the
Prosecution of Money Laundering: object of the sale and the consideration.
Offender may be charged with and convicted of 2. The delivery of the thing sold and its
BOTH money laundering and the unlawful activity. payment. (Cruz vs. People, 578 SCRA 147;
People vs. Hernandez, 589 SCRA 625;
People vs. Cortez, 593 SCRA 743; People vs.
Naelga, 599 SCRA 625; People vs. Lim, 599

SCRA 712) The chain of custody requirement is essential to
ensure that doubts regarding the identity of the
The failure of the poseur-buyer to testify on the evidence are removed through the monitoring and
actual purchase is not fatal to the prosecution’s tracking of the movements of the seized drugs from
cause. the accused, to the police, to the forensic chemist,
and finally to the court.
Prior surveillance is not prerequisite for the validity
of an entrapment operation especially so if the buy- Prosecutions for illegal possession of prohibited
bust team is accompanied by an informant, as in the drugs necessitates that the elemental act of
case. The police officers may decide that time is of possession of a prohibited substance be established
the essence and dispense with the need of prior with moral certainty, together with the fact of the
surveillance. same is not authorized by law. The mere fact of
unauthorized possession will not suffice to create in
Factual findings of the trial courts are accorded a reasonable mind the moral certainty required to
respect, absent any shoeing and certain facts of sustain a finding of guilt. (Cariño vs. People, 581
weight and substance bearing on the elements of SCRA 388)
the crime has been overlooked, misapprehended or
misapplied. (People vs. Encila, 578 SCRA 341; As a method of authenticating evidence, it requires
People vs. Naelga, 599 SCRA 477) that the admission of an exhibit be preceded by
evidence sufficient to support a finding that the
The delivery of the contraband to the poseur-buyer matter in question is what the proponent claims it
and the receipt of the marked money consummate to be. It is from the testimony of every witness who
the buy-bust transaction between the entrapment handled the evidence from which a reliable
officers and the accused. assurance can be derived that the evidence
presented in court is one and the same as the
For an accused to be convicted of illegal possession seized from the accused. (People vs. Robles, 586
of prohibited or regulated drugs, the following SCRA 647)
elements must concur:
1. The accused is in the possession of an item The exhibits level of susceptibility to fungibility,
or object which is identified to be a alteration or tampering – without regard to
prohibited drug whether the same advent or otherwise not –
2. Such possession is not authorized by law dictates the level of strictness in the application of
3. The accused freely and consciously the chain of custody rule.
possesses the said drug. (People vs.
Partoza, 587 SCRA 809; Quinicot vs. Reasonable safeguards for the protection of the
People, 590 SCRA 458; People vs. Nuñez, identity and integrity of narcotic substances and
591 SCRA 809; Zalameda vs. People, 598 dangerous drugs seized or recovered from drug
SCRA 537; Lopez vs. People, 601 SCRA 316; offenders.
People vs. Gutierrez, 607 SCRA 377)
The presumption of regularity in the performance
The defense of denial, like alibi, are viewed by the of official duty must be seen in the context of an
Court with disfavor, for it can just easily be existing rule of law or statute authorizing the
concocted and is common and standard defense performance of an act or duty or prescribing a
ploy in most prosecutions for violation of the procedure in the performance thereof.
Dangerous Drugs Act.
It is the duty of the prosecution to present a

complete picture detailing the buy-bust operation
from initial contact between the buyer and the
pusher, to offer to purchase, the promise or
payment of the consideration, until the
consummation of the sale by the delivery of the
illegal subject of sale. (People vs. LLamado, 581
SCRA 544)
In the absence of proof of motive to falsely impute

such a serious crime against the appellant, the
presumption of regularity in the performance of
official duty, as well as the findings of the trial court
on the credibility of witnesses, shall prevail over
appellant’s self-serving and uncorroborated denial.
There can be crime of illegal sale of dangerous

drugs when nagging doubts persist on whether the
specimen submitted for examination and presented
in court was what was recovered from or sold by,
the accused – on top of the key elements of
possession or sale, the fact that the substance
offered in court as exhibit must likewise be
established with the same degree of servitude as
needed to sustain a guilty verdict. (People vs.
Cervantes, 581 SCRA 762)
“Chain of Custody” means the duly recorded

authorized movements and custody of the seized or
controlled chemicals from the time of
seizure/confiscation to receipt in the forensic
laboratory to safekeeping to presentation in court
for destruction. (People vs. Gutierrez, 598 SCRA 92)
Unless the state can show by records or testimony

that the integrity of the evidence has not been
compromised by accounting for the continuous
whereabouts of the object evidence at least
between the time it came into the possession of the
police officers until it was tested in the laboratory,
then the prosecution cannot maintain that it was
tested in the laboratory, then the prosecution
cannot maintain that it was able to prove the guilt
of the accused beyond reasonable doubt.

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Criminal Law Reviewer 2013

Judge Oscar B. Pimentel

BOOK I 2. Territorial- Penal laws of the Philippines are

Exception- when the crime merely affects - Constitutional Limitations

Construction of Penal Laws:

ACT- Any bodily movement tending to produce

1. Intentional Felonies- by means of Deceit INTENT-

2. By any person performing an act which

Forms of Repetition: Importance of classification:

4. Quasi recidivism (art.160)- Where a person Exceptions:

1. Unlawful aggression was justified and that he incurred no

Exempting Circumstances-Grounds for exemption Par. 2 Under Nine Years of Age

Par. 4 Accident Without Fault or Intention of

Elements: INSUPERABLE CAUSE- Some motive, which has

It is also not applicable to felonies by negligence

2. Felony is committed in immediate Passion and obfuscation:

Irresistible Force: When surrender is voluntary:

Passion and obfuscation v. Provocation

4. Inherent- accompanies by necessity the 4. The circumstances which consist:

Rules on Aggravating Circumstances Requisites:

5. The victim is not a dweller of the house.

their duties or in a place dedicated to religious 2. in an uninhabited place, or

penalty. This is a generic aggravating

committed as an expression of his 1. The time when the offender determined to

Par. 12 That the crime be committed by means of Note:

Requisites: FRAUD (fraude)- insidious words or machinations

Note: Par .15 contemplates two aggravating

Treachery absorbs: (ACE CAN) UNLAWFUL ENTRY- When an entrance is effected

1. With the aid of persons under 15 years of Note:

Note: unlike mitigating circumstances, there is NO RELATIONSHIP

The alternative circumstance of relationship shall

c. When the crime is homicide or murder, contrary, it is presumed to be non- habitual

Maintenance of a den, dive or resort where any

3. Manufacture with intent to latter provides for the same graduated

Qualifying circumstance- use of a minor or mentally NOTE:

1. Principals. ART.17- .Principals. - The following are considered

1. Principals 3. Those who cooperate in the commission of the

NOTE: ART. 17. Principals

1. that they participated in the criminal 3. Contribution by positive acts to the

NOTE: if the second element is missing, those who NOTE:

How Conspiracy is established: 1. That the inducement be made directly with

principal by inducement (or by 5. 5. Executor had no personal

Meaning of “cooperation in the commission of the By Inducement Requisites:

wound. If he inflicted a moral wound, a. By profiting themselves or assisting

ART. 19-Accessories. - Accessories are those who,

as an accessory. As long as the corpus delicti

A person cannot be held as an accessory for helping Note:

inhibition as to ex post facto laws. An ex post facto

- EXPRESS pardon given by offended - Produced by the disturbance and alarm

3. Rape (as amended by R.A. 8353)

paragraphs 1, 3, and 4 are merely Chapter Two

Art. 26. Fine – When afflictive, correctional, or

2. When upon being summoned for the execution NOTE:

Rules in Deducting Period of Preventive DESTIERRO INVOLVES DEPRIVATION OF LIBERTY

their respective nature may vote in that exercise, subject to the

NOTE: Temporary disqualification if imposed is an Effects; Deprivation of the following rights:

Pardon by the Chief Executive (Art. 36)

grave felony, and shall not exceed fifteen

Rules as to Subsidiary Penalty date sentence, unless such accessory penalties

INDICTMENT REQUIRED TO EFFECT FORFEITURE

MUST BE SUBMITTED IN EVIDENCE GENERAL RULE – The penalty prescribed by law in

aggravating or mitigating circumstances the unanimous vote and signature of only