Parts 3 and 4

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BOOK TWO
Title Seven: Crimes Committed by Public Officers
Who are public officers

RPC, Art. 203
Article 203. Who are public officers. - For the purpose of applying the provisions of this and the preceding titles of this
book, any person who, by direct provision of the law, popular election or appointment by competent authority, shall
take part in the performance of public functions in the Government of the Philippine Islands, of shall perform in said
Government or in any of its branches public duties as an employee, agent or subordinate official, of any rank or class,
shall be deemed to be a public officer.
RA 3019
Sec 2. Definition of terms.
(b) "Public officer" includes elective and appointive officials and employees, permanent or temporary, whether in the
classified or unclassified or exempt service receiving compensation, even nominal, from the government as defined in
the preceding subparagraph.
RA 1379
Section 1. Definitions. (a) For the purposes of this Act, a "public officer or employee" means any person holding any
public office or employment by virtue of an appointment, election or contract, and any person holding any office or
employment, by appointment or contract, in any State owned or controlled corporation or enterprise.
RA 7080
Sec. 1. Definition of Terms.
a) Public Officer means any person holding any public office in the Government of the Republic of the
Philippines by virtue of an appointment, election or contract.
Note: important in libel cases since if the offended party is a public officer, the burden of proof shifts.
Case: Marifosque v. People, 435 SCRA 332
Chapter 2: Malfeasance and Misfeasance in Office
Knowingly render unjust judgment (Art. 204)

Article 204. Knowingly rendering unjust judgment. - Any judge who shall knowingly render an unjust judgment in any case
submitted to him for decision, shall be punished by prision mayor and perpetual absolute disqualification.
Elements:
1. Offender must be a judge [with jurisdiction]
2. The judgment must be unjust
a. Differentiated from a wrong judgment
3. Judge must render such manifestly unjust judgment knowingly
Note: misappreciation of facts or law does not per se amount to an unjust judgment.
Note: Maceda v. Vasquez  if there is a criminal complaint against a judge or court officer re: administrative duties, the
OMB must defer action on such complaint until the Supreme Court can investigate.
 CONSTI  SC has the exclusive power over court officials and judges on administrative matters.
 If criminal complaint, the OMB can (if with jurisdiction)
Case: Diego v. Castillo, 436 SCRA 67
Judgment rendered through negligence (Art. 205) 

Crim Law Rev | Prof. Te
Article 205. Judgment rendered through negligence. - Any judge who, by reason of inexcusable negligence or ignorance shall
render a manifestly unjust judgment in any case submitted to him for decision shall be punished by arresto mayor and
temporary special disqualification.
 Negligence = inexcusable negligence or ignorance
Unjust interlocutory order (Art. 206) 

Article 206. Unjust interlocutory order. - Any judge who shall knowingly render an unjust interlocutory order or decree
shall suffer the penalty of arresto mayor in its minimum period and suspension; but if he shall have acted by reason of
inexcusable negligence or ignorance and the interlocutory order or decree be manifestly unjust, the penalty shall be
suspension.
Malicious delay in the administrations of justice (Art. 207)

Article 207. Malicious delay in the administration of justice. - The penalty of prision correccional in its minimum period
shall be imposed upon any judge guilty of malicious delay in the administration of justice.
Prosecution of offenses; negligence & tolerance (Art. 208)

Article 208. Prosecution of offenses; negligence and tolerance. - The penalty of prision correccional in its minimum period and
suspension shall be imposed upon any public officer, or officer of the law, who, in dereliction of the duties of his office,
shall maliciously refrain from instituting prosecution for the punishment of violators of the law, or shall tolerate the
commission of offenses.
Betrayal of trust by attorney - revelation of secrets (Art. 209)

Article 209. Betrayal of trust by an attorney or solicitor. - Revelation of secrets. - In addition to the proper administrative
action, the penalty of prision correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both,
shall be imposed upon any attorney-at-law or solicitor ( procurador judicial) who, by any malicious breach of
professional duty or of inexcusable negligence or ignorance, shall prejudice his client, or reveal any of the secrets of the
latter learned by him in his professional capacity.
The same penalty shall be imposed upon an attorney-at-law or solicitor (procurador judicial) who, having undertaken
the defense of a client or having received confidential information from said client in a case, shall undertake the defense
of the opposing party in the same case, without the consent of his first client.
Direct Bribery (Art. 210)

Article 210. Direct bribery. - Any public officer who shall agree to perform an act constituting a crime, in connection
with the performance of this official duties, in consideration of any offer, promise, gift or present received by such
officer, personally or through the mediation of another, shall suffer the penalty of prision mayor in its medium and
maximum periods and a fine of not less than the value of the gift and] not less than three times the value of the gift in
addition to the penalty corresponding to the crime agreed upon, if the same shall have been committed.
If the gift was accepted by the officer in consideration of the execution of an act which does not constitute a crime,
and the officer executed said act, he shall suffer the same penalty provided in the preceding paragraph; and if said act
shall not have been accomplished, the officer shall suffer the penalties of prision correccional, in its medium period and
a fine of not less than twice the value of such gift.
If the object for which the gift was received or promised was to make the public officer refrain from doing something
which it was his official duty to do, he shall suffer the penalties of prision correccional in its maximum period and a
fine of not less than the value of the gift and not less than three times the value of such gift.
In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the penalty of special temporary
disqualification.
The provisions contained in the preceding paragraphs shall be made applicable to assessors, arbitrators, appraisal and
claim commissioners, experts or any other persons performing public duties. (As amended by Batas Pambansa Blg. 871,
approved May 29, 1985).
PD 46
MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS AND EMPLOYEES TO RECEIVE, AND FOR
PRIVATE PERSONS TO GIVE, GIFTS ON ANY OCCASION, INCLUDING CHRISTMAS
WHEREAS, under existing laws and the civil service rules, it is prohibited to receive, directly or indirectly, any gift,
present or any other form of benefit in the course of official duties;
WHEREAS, it is believed necessary to put more teeth to existing laws and regulations to wipe out all conceivable forms
of graft and corruption in the public service, the members of which should not only be honest but above suspicion and
reproach; and
WHEREAS, the stoppage of the practice of gift-giving to government men is a concrete step in the administration's
program of reforms for the development of new moral values in the social structure of the country, one of the main
objectives of the New Society;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in
me by the Constitution as Commander-in-Chief of all the Armed Forces of the Philippines, and pursuant to
Proclamation No. 1081 dated September 21, 1972, and General Order No. 1 dated September 22, 1972, do hereby
make it punishable for any public official or employee, whether of the national or local governments, to receive, directly
or indirectly, and for private persons to give, or offer to give, any gift, present or other valuable thing to any occasion,
including Christmas, when such gift, present or other valuable thing is given by reason of his official position, regardless
of whether or not the same is for past favor or favors or the giver hopes or expects to receive a favor or better treatment
in the future from the public official or employee concerned in the discharge of his official functions. Included within
the prohibition is the throwing of parties or entertainments in honor of the official or employees or his immediate
relatives.
For violation of this Decree, the penalty of imprisonment for not less than one (1) year nor more than five (5) years
and perpetual disqualification from public office shall be imposed. The official or employee concerned shall likewise be
subject to administrative disciplinary action and, if found guilty, shall be meted out the penalty of suspension or removal,
depending on the seriousness of the offense.
Any provision of law, executive order, rule or regulation or circular inconsistent with this Decree is hereby repealed or
modified accordingly.
This Decree shall take effect immediately after its publication.
 Prohibition for public officers to receive, directly or indirectly, and for private persons, to give or to offer to
give:
o Any gift, present or other valuable thing to any occasion, including Christmas
 When such gift, present or other valuable thing is given by reason of his official position,
 Regardless of whether or not the same is for past favor or favors or the giver hopes or expects
to receive a favor or better treatment in the future from the public official or employee
concerned in the discharge of his official functions.
o Included within the prohibition is the throwing of parties or entertainments in honor of the official or
employees or his immediate relatives.
PD 749
Section 1. Any person who voluntarily gives information about any violation of Articles 210, 211, and 212 of the
Revised Penal Code; Republic Act Numbered Three Thousand Nineteen, as amended; Section 345 of the Internal
Revenue Code and Section 3604 of the Tariff and Customs Code and other provisions of the said Codes penalizing
abuse or dishonesty on the part of the public officials concerned; and other laws, rules and regulations punishing acts
of graft, corruption and other forms of official abuse; and who willingly testifies against any public official or employee
for such violation shall be exempt from prosecution or punishment for the offense with reference to which his
information and testimony were given, and may plead or prove the giving of such information and testimony in bar of
such prosecution: Provided; that this immunity may be enjoyed even in cases where the information and testimony are
given against a person who is not a public official but who is a principal, or accomplice, or accessory in the commission
of any of the above-mentioned violations: Provided, further, that this immunity may be enjoyed by such informant or
witness notwithstanding that he offered or gave the bribe or gift to the public official or his accomplice for such gift or
bribe-giving; and Provided, finally, that the following conditions concur:
1. The information must refer to consummated violations of any of the above-mentioned provisions of law,
rules and regulations;
2. The information and testimony are necessary for the conviction of the accused public officer;
3. Such information and testimony are not yet in the possession of the State;
4. Such information and testimony can be corroborated on its material points; and
5. The informant or witness has not been previously convicted of a crime involving moral turpitude.
Section 2. The immunity granted hereunder shall not attach should it turn out subsequently that the information and/or
testimony is false and malicious or made only for the purpose of harassing, molesting or in any way prejudicing the
public officer denounced. In such a case, the public officer so denounced shall be entitled to any action, civil or criminal,
against said informant or witness.
Section 3. All preliminary investigations conducted by a prosecuting fiscal, judge or committee, and all proceedings
undertaken in connection therewith, shall be strictly confidential or private in order to protect the reputation of the
official under investigation in the event that the report proves to be unfounded or no prima facie case is established.
Section 4. All acts, decrees and rules and regulations inconsistent with the provisions of this decree are hereby repealed
or modified accordingly.
Section 5. This Decree shall take effect immediately.
Cases:
Manipon v. Sandiganbayan, 143 SCRA 267
Dacumas v. Sandiganbayan, 195 SCRA 833
Garcia v. Sandiganbayan, 507 SCRA 258
Indirect bribery (Art. 211)

Article 211. Indirect bribery. - The penalties of prision correccional in its medium and maximum periods, and public
censure shall be imposed upon any public officer who shall accept gifts offered to him by reason of his office. (As
amended by Batas Pambansa Blg. 871, approved May 29, 1985).
Note: includes a “special discount” which is not given to anyone else; presumed to have been given in relation to his
office.
Qualified bribery (Art. 211-A)

Article 211-A. Qualified bribery. - If any public officer is entrusted with law enforcement and he refrains from arresting
or prosecuting an offender who has committed a crime punishable by reclusion perpetua and/or death in consideration
of any offer, promise, gift or present, he shall suffer the penalty for the offense which was not prosecuted.
If it is the public officer who asks or demands such gift or present, he shall suffer the penalty of death. (As added by
Sec. 4, RA No. 7659).
Corruption of public officials (Art. 212)

Article 212. Corruption of public officials. - The same penalties imposed upon the officer corrupted, except those of
disqualification and suspension, shall be imposed upon any person who shall have made the offers or promises or given
the gifts or presents as described in the preceding articles.
i. Graft and Corruption

RA 1379
Sec. 1. Definitions
(b) "Other legitimately acquired property" means any real or personal property, money or securities which the
respondent has at any time acquired by inheritance and the income thereof, or by gift inter vivos before his becoming
a public officer or employee, or any property (or income thereof) already pertaining to him when he qualified for public
office or employment, or the fruits and income of the exclusive property of the respondent's spouse. It shall not include:
1. Property unlawfully acquired by the respondent, but its ownership is concealed by its being recorded in the
name of, or held by, the respondent's spouse, ascendants, descendants, relatives, or any other person.
2. Property unlawfully acquired by the respondent, but transferred by him to another person or persons on or
after the effectivity of this Act.
3. Property donated to the respondent during his incumbency, unless he can prove to the satisfaction of the
court that the donation is lawful.
 Note: #3 does not include those inherited by succession (since by operation of law).
RA 3019
Section 3. Corrupt practices of public officers. In addition to acts or omissions of public officers already penalized by existing
law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful:
(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules
and regulations duly promulgated by competent authority or an offense in connection with the official duties
of the latter, or allowing himself to be persuaded, induced, or influenced to commit such violation or offense.
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for
any other person, in connection with any contract or transaction between the Government and any other part,
wherein the public officer in his official capacity has to intervene under the law.
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself
or for another, from any person for whom the public officer, in any manner or capacity, has secured or
obtained, or will secure or obtain, any Government permit or license, in consideration for the help given or
to be given, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept employment in a private enterprise which has pending
official business with him during the pendency thereof or within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his official administrative or judicial functions through
manifest partiality, evident bad faith or gross inexcusable negligence. This provision shall apply to officers and
employees of offices or government corporations charged with the grant of licenses or permits or other
concessions.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable
time on any matter pending before him for the purpose of obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or material benefit or advantage, or for the purpose of favoring his
own interest or giving undue advantage in favor of or discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public officer profited or will profit thereby.
(h) Directly or indirectly having financing or pecuniary interest in any business, contract or transaction in
connection with which he intervenes or takes part in his official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction
or act requiring the approval of a board, panel or group of which he is a member, and which exercises
discretion in such approval, even if he votes against the same or does not participate in the action of the board,
committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the approval of
manifestly unlawful, inequitable, or irregular transaction or acts by the board, panel or group to which they
belong.
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified
for or not legally entitled to such license, permit, privilege or advantage, or of a mere representative or dummy
of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his
official position to unauthorized persons, or releasing such information in advance of its authorized release
date.
The person giving the gift, present, share, percentage or benefit referred to in subparagraphs (b) and (c); or offering or
giving to the public officer the employment mentioned in subparagraph (d); or urging the divulging or untimely release
of the confidential information referred to in subparagraph (k) of this section shall, together with the offending public
officer, be punished under Section nine of this Act and shall be permanently or temporarily disqualified in the discretion
of the Court, from transacting business in any form with the Government.
(a) Persuading, inducing or influencing another public officer to perform an act constituting a violation of rules and regulations duly promulgated
by competent authority or an offense in connection with the official duties of the latter, or allowing himself to be persuaded, induced, or influenced
to commit such violation or offense.
 (1) Persuading/inducing/influencing another public officer to perform
o An act constituting a violation of rules/regulations
o An offense in connection with official duties of the latter
 (2) Allowing himself to be persuaded/induced/influenced to commit such violation/offense
(b) Directly or indirectly requesting or receiving any gift, present, share, percentage, or benefit, for himself or for any other person, in connection
with any contract or transaction between the Government and any other part, wherein the public officer in his official capacity has to intervene
under the law.
 Directly or indirectly requesting or receiving
 Any gift/present/share/percentage/benefit
 For himself or for any other person
 In connection with any contract or transaction between gov’t and other party
 Wherein public officer in his official capacity has to intervene under the law
(c) Directly or indirectly requesting or receiving any gift, present or other pecuniary or material benefit, for himself or for another, from any person
for whom the public officer, in any manner or capacity, has secured or obtained, or will secure or obtain, any Government permit or license, in
consideration for the help given or to be given, without prejudice to Section thirteen of this Act.
 Directly or indirectly requesting or receiving
 Any gift/present/other pecuniary or material benefit
 For himself or for another
 From any person
 From whom the public officer, in any manner or capacity, has secured or obtained OR will secure or obtain
 Any government permit or license
 In consideration for the help given or to be given
(d) Accepting or having any member of his family accept employment in a private enterprise which has pending official business with him during
the pendency thereof or within one year after its termination.
 Accepting or having any member of his family accept
 Employment in a private enterprise
 Which has pending official business with him
 During the pendency thereof or within one year after its termination.
(e) Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage or
preference in the discharge of his official administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable
negligence. This provision shall apply to officers and employees of offices or government corporations charged with the grant of licenses or permits
or other concessions.
 Either:
o Causing any undue injury to any party, including the Government, or
o Giving any private party any unwarranted benefits, advantage or preference
 In the discharge of his official administrative or judicial functions
 Through manifest partiality, evident bad faith or gross inexcusable negligence.
(f) Neglecting or refusing, after due demand or request, without sufficient justification, to act within a reasonable time on any matter pending
before him for the purpose of obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material benefit or
advantage, or for the purpose of favoring his own interest or giving undue advantage in favor of or discriminating against any other interested
party.
 Neglecting or refusing, after due demand or request, without sufficient justification,
 To act within a reasonable time on any matter pending before him
 For the purpose of:
o Obtaining, directly or indirectly, from any person interested in the matter some pecuniary or material
benefit or advantage, or
o Favoring his own interest or giving undue advantage in favor of or discriminating against any other
interested party.
(g) Entering, on behalf of the Government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not
the public officer profited or will profit thereby.
 Entering into any contract or transaction
 On behalf of the Government
 Manifestly and grossly disadvantageous to the same
 Whether or not the public officer profited or will profit thereby.
(h) Directly or indirectly having financing or pecuniary interest in any business, contract or transaction in connection with which he intervenes or
takes part in his official capacity, or in which he is prohibited by the Constitution or by any law from having any interest.
 Directly or indirectly having financing or pecuniary interest
 In any business, contract or transaction
 In connection with which he intervenes or takes part in his official capacity, or
 In which he is prohibited from having any interest
o By the Constitution or
o By any law
(i) Directly or indirectly becoming interested, for personal gain, or having a material interest in any transaction or act requiring the approval of
a board, panel or group of which he is a member, and which exercises discretion in such approval, even if he votes against the same or does not
participate in the action of the board, committee, panel or group.
Interest for personal gain shall be presumed against those public officers responsible for the approval of manifestly unlawful, inequitable, or
irregular transaction or acts by the board, panel or group to which they belong.
 Directly or indirectly
o Becoming interested, for personal gain, or
o Having a material interest
 In any transaction or act requiring the approval of a board, panel or group
o Of which he is a member, and
o Which exercises discretion in such approval,
 Even if he votes against the same or does not participate in the action of the board, committee, panel or group.
Presumption of interest for personal gain  approval of manifestly unlawful/inequitable/irregular transaction or acts
by the board to which he belongs
(j) Knowingly approving or granting any license, permit, privilege or benefit in favor of any person not qualified for or not legally entitled to such
license, permit, privilege or advantage, or of a mere representative or dummy of one who is not so qualified or entitled.
 Knowingly approving or granting any license, permit, privilege or benefit
 In favor of
o Any person not qualified for or not legally entitled to such license, permit, privilege or advantage,
o Or of a mere representative or dummy of one who is not so qualified or entitled.
(k) Divulging valuable information of a confidential character, acquired by his office or by him on account of his official position to unauthorized
persons, or releasing such information in advance of its authorized release date.
 Either:
o (1) Divulging valuable information of a confidential character
 Acquired by his office or by him on account of his official position
 To unauthorized persons, or
o (2) Releasing such information in advance of its authorized release date.
RA 6713
Section 7. Prohibited Acts and Transactions. - In addition to acts and omissions of public officials and employees now
prescribed in the Constitution and existing laws, the following shall constitute prohibited acts and transactions of any
public official and employee and are hereby declared to be unlawful:
(a) Financial and material interest. - Public officials and employees shall not, directly or indirectly, have any
financial or material interest in any transaction requiring the approval of their office.
(b) Outside employment and other activities related thereto. - Public officials and employees during their
incumbency shall not:
(1) Own, control, manage or accept employment as officer, employee, consultant, counsel, broker,
agent, trustee or nominee in any private enterprise regulated, supervised or licensed by their office
unless expressly allowed by law;
(2) Engage in the private practice of their profession unless authorized by the Constitution or law,
provided, that such practice will not conflict or tend to conflict with their official functions; or
(3) Recommend any person to any position in a private enterprise which has a regular or pending official
transaction with their office.
These prohibitions shall continue to apply for a period of one (1) year after resignation, retirement,
or separation from public office, except in the case of subparagraph (b) (2) above, but the
professional concerned cannot practice his profession in connection with any matter before the
office he used to be with, in which case the one-year prohibition shall likewise apply.
(c) Disclosure and/or misuse of confidential information. - Public officials and employees shall not use or
divulge, confidential or classified information officially known to them by reason of their office and not made
available to the public, either:
(1) To further their private interests, or give undue advantage to anyone; or
(2) To prejudice the public interest.
(d) Solicitation or acceptance of gifts. - Public officials and employees shall not solicit or accept, directly or
indirectly, any gift, gratuity, favor, entertainment, loan or anything of monetary value from any person in the
course of their official duties or in connection with any operation being regulated by, or any transaction which
may be affected by the functions of their office.
As to gifts or grants from foreign governments, the Congress consents to:

(i) The acceptance and retention by a public official or employee of a gift of nominal value tendered
and received as a souvenir or mark of courtesy;
(ii) The acceptance by a public official or employee of a gift in the nature of a scholarship or fellowship
grant or medical treatment; or
(iii) The acceptance by a public official or employee of travel grants or expenses for travel taking place
entirely outside the Philippine (such as allowances, transportation, food, and lodging) of more than
nominal value if such acceptance is appropriate or consistent with the interests of the Philippines,
and permitted by the head of office, branch or agency to which he belongs.
The Ombudsman shall prescribe such regulations as may be necessary to carry out the purpose of this subsection,
including pertinent reporting and disclosure requirements.
Nothing in this Act shall be construed to restrict or prohibit any educational, scientific or cultural exchange programs
subject to national security requirements.
Cases:
Marfe v. Mutuc, 22 SCRA 424 
Jaravata v. Sandiganbayan, 127 SCRA 363

Trieste v. Sandiganbayan, 145 SCRA 508
Mejorada v. Sandiganbayan, 151 SCRA 399
ii. Plunder
RA 7080
Sec. 1. Definition of terms.
(d) Ill-gotten wealth means any asset, property, business enterprise or material possession of any person within the
purview of Section Two (2) hereof, acquired by him directly or indirectly through dummies, nominees, agents,
subordinates and/or business associates by any combination or series of the following means or similar schemes:
1) Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury;
2) By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of
pecuniary benefit from any person and/or entity in connection with any government contract or project or
by reason of the office or position of the public officer concerned;
3) By the illegal or fraudulent conveyance or disposition of assets belonging to the National Government or any
of its subdivisions, agencies or instrumentalities or government-owned or -controlled corporations and their
subsidiaries;
4) By obtaining, receiving or accepting directly or indirectly any shares of stock, equity or any other form of
interest or participation including promise of future employment in any business enterprise or undertaking;
5) By establishing agricultural, industrial or commercial monopolies or other combinations and/or
implementation of decrees and orders intended to benefit particular persons or special interests; or
6) By taking undue advantage of official position, authority, relationship, connection or influence to unjustly
enrich himself or themselves at the expense and to the damage and prejudice of the Filipino people and the
Republic of the Philippines.
Section 2. Definition of the Crime of Plunder; Penalties - Any public officer who, by himself or in connivance with members
of his family, relatives by affinity or consanguinity, business associates, subordinates or other persons, amasses,
accumulates or acquires ill-gotten wealth through a combination or series of overt or criminal acts as described in
Section 1(d) hereof, in the aggregate amount or total value of at least fifty million pesos (P50,000,000.00), shall be guilty
of the crime of plunder and shall be punished by life imprisonment with perpetual absolute disqualification from holding
any public office. Any person who participated with said public officer in the commission of plunder shall likewise be
punished. In the imposition of penalties, the degree of participation and the attendance of mitigating and extenuating
circumstances shall be considered by the court. The court shall declare any and all ill-gotten wealth and their interests
and other incomes and assets including the properties and shares of stock derived from the deposit or investment
thereof forfeited in favor of the State. (as amended by Sec. 12, RA 7659)
 Key phrase: any combination or series of the following means or similar schemes
o Of any of the enumerated under Sec. 1 (d)
 Note that the acts are not all crimes; but if done for the benefit of another person
 Note: Arroyo v. ___
o Doctrine of main plunderer
 There must be a main plunderer in such allegations (?)
Case: Estrada v. Sandiganbayan, 369 SCRA 394

 Claim of violation of equal protection clause and due process because of relaxation of burden of proof
 Court: constitutional; no relaxation of requirements since plunder is mala in se
o So there must be proof of intent in each and every act
o Each act involved is a felony, so there needs to be proof of intent in each and every act constituting the
scheme or pattern.
 Plunder, even though punished by a special law, is mala in se.
 Other Estrada (Jinggoy) case  wheel and chain conspiracy.
o Application in plunder offenses.
o Nuances in appreciating conspiracy, and plunder is a crime requiring conspiracy.
 Kinds:
o Wheel conspiracy – when there is a single person or entity dealing with 2 or more entities or groups
 Hub and spokes

o Chain conspiracy – series or combinations; no one central entity
Arroyo case
 Allegation: no main plunderer as an element of plunder
 Court: all the evidence that tie Arroyo in plunder was that she signed okay. Therefore, she was not identified as
a main plunderer even though conspiracy was alleged to exist. As such, she cannot be convicted of plunder.
 Without main plunderer, the case cannot continue.
 Remedial law aspect: the case went up to SC on a basis of a denial of demurrer to evidence.
o Court did not only set aside the denial of demurrer but ruled on the merits also of the case.
Chapter 3: Frauds and Illegal Exactions and Transactions

Frauds against the public treasury (Art 213)
Article 213. Frauds against the public treasury and similar offenses. - The penalty of prision correccional in its medium period
to prision mayor in its minimum period, or a fine ranging from 200 to 10,000 pesos, or both, shall be imposed upon
any public officer who:
1. In his official capacity, in dealing with any person with regard to furnishing supplies, the making of contracts,
or the adjustment or settlement of accounts relating to public property or funds, shall enter into an agreement
with any interested party or speculator or make use of any other scheme, to defraud the Government;
2. Being entrusted with the collection of taxes, licenses, fees and other imposts, shall be guilty or any of the
following acts or omissions:
a. Demanding, directly, or indirectly, the payment of sums different from or larger than those
authorized by law.
b. Failing voluntarily to issue a receipt, as provided by law, for any sum of money collected by him
officially.
c. Collecting or receiving, directly or indirectly, by way of payment or otherwise things or objects of a
nature different from that provided by law.
When the culprit is an officer or employee of the Bureau of Internal Revenue or the Bureau of Customs, the provisions
of the Administrative Code shall be applied.
Note: officially/official capacity = must be within his functions
Other frauds (Art. 214) 

Article 214. Other frauds. - In addition to the penalties prescribed in the provisions of Chapter Six, Title Ten, Book Two,
of this Code, the penalty of temporary special disqualification in its maximum period to perpetual special disqualification
shall be imposed upon any public officer who, taking advantage of his official position, shall commit any of the frauds
or deceits enumerated in said provisions.
Prohibited transactions (Art. 215) 

Article 215. Prohibited transactions. - The penalty of prision correccional in its maximum period or a fine ranging from
200 to 1,000 pesos, or both, shall be imposed upon any appointive public officer who, during his incumbency, shall
directly or indirectly become interested in any transaction of exchange or speculation within the territory subject to his
jurisdiction.
Possession of prohibited interest by a public officer (Art. 216)

Article 216. Possession of prohibited interest by a public officer. - The penalty of arresto mayor in its medium period to prision
correccional in its minimum period, or a fine ranging from 200 to 1,000 pesos, or both, shall be imposed upon a public
officer who directly or indirectly, shall become interested in any contract or business in which it is his official duty to
intervene.
This provisions is applicable to experts, arbitrators and private accountants who, in like manner, shall take part in any
contract or transaction connected with the estate or property in appraisal, distribution or adjudication of which they
shall have acted, and to the guardians and executors with respect to the property belonging to their wards or estate.
Elements:
 A public officer
 Who directly or indirectly shall become interested in any contract or business
 In which it is his official duty to intervene.
This provision is also applicable to:

 Experts, arbitrators, private accountants
o Who, in like manner, shall take part in any contract or transaction connected with the estate or property
in appraisal, distribution or adjudication of which they shall have acted,
 Guardians and executors
o With respect to the property belonging to their wards or estate.
Chapter 4: Malversation of Public Funds or Property

Malversation of public funds (Art. 217) 
Article 217. Malversation of public funds or property; Presumption of malversation. - Any public officer who, by reason of the
duties of his office, is accountable for public funds or property, shall appropriate the same or shall take or
misappropriate or shall consent, through abandonment or negligence, shall permit any other person to take such public
funds, or property, wholly or partially, or shall otherwise be guilty of the misappropriation or malversation of such
funds or property, shall suffer:
1. The penalty of prision correccional in its medium and maximum periods, if the amount involved in the
misappropriation or malversation does not exceed two hundred pesos.
2. The penalty of prision mayor in its minimum and medium periods, if the amount involved is more than two
hundred pesos but does not exceed six thousand pesos.
3. The penalty of prision mayor in its maximum period to reclusion temporal in its minimum period, if the
amount involved is more than six thousand pesos but is less than twelve thousand pesos.
4. The penalty of reclusion temporal, in its medium and maximum periods, if the amount involved is more than
twelve thousand pesos but is less than twenty-two thousand pesos. If the amount exceeds the latter, the penalty
shall be reclusion temporal in its maximum period to reclusion perpetua.
In all cases, persons guilty of malversation shall also suffer the penalty of perpetual special disqualification and a fine
equal to the amount of the funds malversed or equal to the total value of the property embezzled.
The failure of a public officer to have duly forthcoming any public funds or property with which he is chargeable, upon
demand by any duly authorized officer, shall be prima facie evidence that he has put such missing funds or property to
personal use. (As amended by RA 1060).
Disputable presumption of malversation

 If there is something that should be there BUT is not there, then there is malversation.
 Failure of public officer to have such public funds with which he is chargeable upon demand of any duly
authorized officer shall be PRIMA FACIE EVIDENCE that he personally used such missing funds.
 Note: demand by the duly authorized officer is important in applying the PRESUMPTION, but NOT necessary
in the charge of malversation.
o So no demand:
 Presumption cannot arise
 Malversation can still be proved.
Penalty is based on the amount involved.
Misappropriate  use on purpose other than that to which it was allocated.

 No requirement of benefit on such public officer.
Cases:
Labatagos v. Sandiganbayan, 183 SCRA 415
Ilogan v. Sandiganbayan , 218 SCRA 766

Azarcon v. Sandiganbayan, 268 SCRA 747
Pondevida v. Sandiganbayan, 467 SCRA 219
Sarigumba v. Sandiganbayan, 451 SCRA 533
People v. Ting lan Uy, 475 SCRA 248
Barriga v. Sandiganbayan, 457 SCRA 301
Failure of accountable officer to render accounts (Art. 218)

Article 218. Failure of accountable officer to render accounts. - Any public officer, whether in the service or separated therefrom
by resignation or any other cause, who is required by law or regulation to render account to the Insular Auditor, or to
a provincial auditor and who fails to do so for a period of two months after such accounts should be rendered, shall be
punished by prision correccional in its minimum period, or by a fine ranging from 200 to 6,000 pesos, or both.
 Applies both to a public officer:

o Incumbent, or
o Already retired/separated.
 Insular Auditor = Commissioner on Audit
Failure of accountable officer to rendered account before leaving the country (Art. 219)
Article 219. Failure of a responsible public officer to render accounts before leaving the country. - Any public officer who unlawfully
leaves or attempts to leave the Philippine Islands without securing a certificate from the Insular Auditor showing that
his accounts have been finally settled, shall be punished by arresto mayor, or a fine ranging from 200 to 1,000 pesos or
both.
Illegal use of public funds or property (Art. 220)

Article 220. Illegal use of public funds or property. - Any public officer who shall apply any public fund or property under
his administration to any public use other than for which such fund or property were appropriated by law or ordinance
shall suffer the penalty of prision correccional in its minimum period or a fine ranging from one-half to the total of the
sum misapplied, if by reason of such misapplication, any damages or embarrassment shall have resulted to the public
service. In either case, the offender shall also suffer the penalty of temporary special disqualification.
If no damage or embarrassment to the public service has resulted, the penalty shall be a fine from 5 to 50 per cent of
the sum misapplied.
 Also known as technical malversation

 Note: even though no amount of money is lost, technical malversation is still committed.
 What is punished is the use of such funds other than the purpose to which such funds were allocated.
o So benefit on the part of the public officer is NOT a defense.
o Nor is the putting of the funds to a better use.
Cases:
Abdulla v. People, 455 SCRA 78
Tatangco v. Ombudsman, 479 SCRA 249
Failure to make delivery of public funds of property (Art. 221)

Article 221. Failure to make delivery of public funds or property. - Any public officer under obligation to make payment from
Government funds in his possession, who shall fail to make such payment, shall be punished by arresto mayor and a
fine from 5 to 25 per cent of the sum which he failed to pay.
This provision shall apply to any public officer who, being ordered by competent authority to deliver any property in
his custody or under his administration, shall refuse to make such delivery.
The fine shall be graduated in such case by the value of the thing, provided that it shall not less than 50 pesos.
Elements:
1. Any public officer obliged to make payment from Government funds in his possession
2. Failure to make such payment
Question: what if the funds are returned?

 Answer: NOT exempting; at best, mitigating.
Question: what if the amount is short, but public officer pays for the deficit?
 Answer: NO malversation.
Officers included in the preceding provisions (Art. 222)

Article 222. Officers included in the preceding provisions. - The provisions of this chapter shall apply to private individuals
who in any capacity whatever, have charge of any insular, provincial or municipal funds, revenues, or property and to
any administrator or depository of funds or property attached, seized or deposited by public authority, even if such
property belongs to a private individual.
Question: Who can commit malversation?
 Answer:
o Any public officer charged with the duty to account for such public funds
o Private individuals
 Who in any capacity whatever, have charge of any insular, provincial or municipal funds,
revenues, or property
o Any administrator or depository
 Of funds or property attached, seized or deposited by public authority
 Even if such property belongs to a private individual
 Note: includes funds from auction sale
Chapter 5: Infidelity of Public Officers

Section One: Infidelity in the custody of prisoners
Conniving with or consenting to evasion (Art. 223)

Article 223. Conniving with or consenting to evasion. - Any public officer who shall consent to the escape of a prisoner in his
custody or charge, shall be punished:
1. By prision correccional in its medium and maximum periods and temporary special disqualification in its
maximum period to perpetual special disqualification, if the fugitive shall have been sentenced by final
judgment to any penalty.
2. By prision correccional in its minimum period and temporary special disqualification, in case the fugitive shall
not have been finally convicted but only held as a detention prisoner for any crime or violation of law or
municipal ordinance.
Evasion through negligence (Art. 224)

Article 224. Evasion through negligence. - If the evasion of the prisoner shall have taken place through the negligence of
the officer charged with the conveyance or custody of the escaping prisoner, said officer shall suffer the penalties of
arresto mayor in its maximum period to prision correccional in its minimum period and temporary special
disqualification.
Case: Rodillas v. Sandiganbayan, 161 SCRA 347
Escape of prisoner under the custody of a person not a public officer (Art. 225)
Article 225. Escape of prisoner under the custody of a person not a public officer. - Any private person to whom the conveyance
or custody or a prisoner or person under arrest shall have been confided, who shall commit any of the offenses
mentioned in the two preceding articles, shall suffer the penalty next lower in degree than that prescribed for the public
officer.
Who can the private person be?

 Bondsman
 Person who jumps bail
 Any person who escapes a fugitive and thereafter allows him to escape
Section 2: Infidelity in the custody of the document
Removal, concealment, or destruction of documents (Art. 226)

Article 226. Removal, concealment or destruction of documents. - Any public officer who shall remove, destroy or conceal
documents or papers officially entrusted to him, shall suffer:
1. The penalty of prision mayor and a fine not exceeding 1,000 pesos, whenever serious damage shall have been
caused thereby to a third party or to the public interest.
2. The penalty of prision correccional in its minimum and medium period and a fine not exceeding 1,000 pesos,
whenever the damage to a third party or to the public interest shall not have been serious.
In either case, the additional penalty of temporary special disqualification in its maximum period to perpetual
disqualification shall be imposed.
Elements:
 Public officer
 Removes, destroys, or conceals
 Documents or papers officially entrusted to him
Note: element of damage is required (third party relying on the document or the public interest).
Note: if public officer is without obligation/custody to such paper, the felony is NOT infidelity:
 If with fraudulent intent, ESTAFA.
 If not, malicious mischief.
Officer breaking seal (Art. 227)

Article 227. Officer breaking seal. - Any public officer charged with the custody of papers or property sealed by proper
authority, who shall break the seals or permit them to be broken, shall suffer the penalties of prision correccional in its
minimum and medium periods, temporary special disqualification and a fine not exceeding 2,000 pesos.
Opening of closed documents (Art. 228)

Article 228. Opening of closed documents. - Any public officer not included in the provisions of the next preceding article
who, without proper authority, shall open or shall permit to be opened any closed papers, documents or objects
entrusted to his custody, shall suffer the penalties or arresto mayor, temporary special disqualification and a fine of not
exceeding 2,000 pesos.
Note: 227 and 228 revolves around the integrity of the document.
 Gravamen is undermining of the integrity.
Question: what if committed by a private person?

 Answer: ESTAFA (with fraud) or MALICIOUS MISCHIEF (without fraud)
Note: espionage through disclosure of confidential information cannot be committed by private person.
Section 3: Revelation of secrets
Revelation of secrets by an officer (Art. 229)

Article 229. Revelation of secrets by an officer. - Any public officer who shall reveal any secret known to him by reason of
his official capacity, or shall wrongfully deliver papers or copies of papers of which he may have charge and which
should not be published, shall suffer the penalties of prision correccional in its medium and maximum periods, perpetual
special disqualification and a fine not exceeding 2,000 pesos if the revelation of such secrets or the delivery of such
papers shall have caused serious damage to the public interest; otherwise, the penalties of prision correccional in its
minimum period, temporary special disqualification and a fine not exceeding 50 pesos shall be imposed.
Elements:
 Any public officer
 Commits:
o Reveal any secret known to him by reason of his official capacity, or
o Shall wrongfully deliver papers or copies of papers of which he may have charge and which should not
be published
Public officer revealing secrets of private individual (Art. 230)

Article 230. Public officer revealing secrets of private individual. - Any public officer to whom the secrets of any private
individual shall become known by reason of his office who shall reveal such secrets, shall suffer the penalties of arresto
mayor and a fine not exceeding 1,000 pesos.
Elements:
 Any public officer to whom the secrets of any private individual shall become known
 By reason of his office
 Reveal such secrets
Chapter 6: Other Offenses or Irregularities by Public Officers
Open disobedience (Art. 231)

Article 231. Open disobedience. - Any judicial or executive officer who shall openly refuse to execute the judgment, decision
or order of any superior authority made within the scope of the jurisdiction of the latter and issued with all the legal
formalities, shall suffer the penalties of arresto mayor in its medium period to prision correccional in its minimum
period, temporary special disqualification in its maximum period and a fine not exceeding 1,000 pesos.
Elements:
 Offender must be any judicial or executive officer
 Openly refuses to execute the judgment, decision or order of any superior authority
 Made within the scope of the jurisdiction of the latter and
 Issued with all the legal formalities
o Judiciary: in writing and signed by the judge
o Executive: EO can actually be verbal. But the order must be given with the authority of the person.
Note: disobedience in open court = direct contempt; or if not in open court, indirect.
 Also, the judgment, decision, or order need not be judicial or executive. ANY.
Note: so if NOT written down, can you be charged with this felony?
 Answer: EO can be verbal, so yes.
Question: what if the president orders something outside his jurisdiction? Can the judge refuse to follow?
Answer: YES. Separation of powers + it is not within the president’s authority
Note: so part of the burden here is that the order did not follow the elgal formalities prescribed.
Disobedience to order of superior officer, when said order was suspended inferior officer (Art. 232)
Article 232. Disobedience to order of superior officers, when said order was suspended by inferior officer. - Any public officer who,
having for any reason suspended the execution of the orders of his superiors, shall disobey such superiors after the
latter have disapproved the suspension, shall suffer the penalties of prision correccional in its minimum and medium
periods and perpetual special disqualification.
Elements:
 Any public officer who, having for any reason suspended the execution of the orders of his superiors,
 Disobey such superiors
 After the latter have disapproved the suspension
Refusal of assistance (Art. 233) 

Article 233. Refusal of assistance. - The penalties of arresto mayor in its medium period to prision correccional in its
minimum period, perpetual special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon a public
officer who, upon demand from competent authority, shall fail to lend his cooperation towards the administration of
justice or other public service, if such failure shall result in serious damage to the public interest, or to a third party;
otherwise, arresto mayor in its medium and maximum periods and a fine not exceeding 500 pesos shall be imposed.
Elements:
 A public officer
 Upon demand from competent authority,
 Fails to lend his cooperation towards the administration of justice or other public service,
 If such failure shall result in serious damage to the public interest, or to a third party;
o If there is NO damage shown, penalty is lower. So felony pa rin without damage.
Note: includes issuance of warrant.

 Question: Can a demand be made to a public officer to lend his cooperation when cooperation is discretionary?
o Answer: NO. Since cannot compel.
 Question: can a PNP officer be demanded to make an arrest a drug lord?
o Answer: YES,
Refusal to discharge elective officer (Art. 234) 

Article 234. Refusal to discharge elective office. - The penalty of arresto mayor or a fine not exceeding 1,000 pesos, or both,
shall be imposed upon any person who, having been elected by popular election to a public office, shall refuse without
legal motive to be sworn in or to discharge the duties of said office.
In rel. 236 – anticipation of duties of public office
Maltreatment of prisoners (Art. 235) 

Article 235. Maltreatment of prisoners. - The penalty of arresto mayor in its medium period to prision correccional in its
minimum period, in addition to his liability for the physical injuries or damage caused, shall be imposed upon any public
officer or employee who shall overdo himself in the correction or handling of a prisoner or detention prisoner under
his charge, by the imposition of punishment not authorized by the regulations, or by inflicting such punishment in a
cruel and humiliating manner.
If the purpose of the maltreatment is to extort a confession, or to obtain some information from the prisoner, the
offender shall be punished by prision correccional in its minimum period, temporary special disqualification and a fine
not exceeding 500 pesos, in addition to his liability for the physical injuries or damage caused.
Section 2: Anticipation, prolongation, and abandonment of the duties and powers of public office
Anticipation of duties of a public office (Art. 236) 
Article 236. Anticipation of duties of a public office. - Any person who shall assume the performance of the duties and powers
of any public officer or employment without first being sworn in or having given the bond required by law, shall be
suspended from such office or employment until he shall have complied with the respective formalities and shall be
fined from 200 to 500 pesos.
Prolonging performance of duties and powers (Art. 237) 

Article 237. Prolonging performance of duties and powers. - Any public officer shall continue to exercise the duties and powers
of his office, employment or commission, beyond the period provided by law, regulation or special provisions applicable
to the case, shall suffer the penalties of prision correccional in its minimum period, special temporary disqualification
in its minimum period and a fine not exceeding 500 pesos.
Elements:

Abandonment of office or position (Art. 238) 

Article 238. Abandonment of office or position. - Any public officer who, before the acceptance of his resignation, shall
abandon his office to the detriment of the public service shall suffer the penalty of arresto mayor.
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 Book Two of this Code, the
offender shall be punished by prision correccional in its minimum and medium periods, and by arresto mayor if the
purpose of such abandonment is to evade the duty of preventing, prosecuting or punishing any other crime.
Elements:
 Before the acceptance of his resignation
 Abandons his office
 To the detriment of the public service
Note: this does not contemplate leaving the office by expiration of term.
 So cannot be defense for holdover to be done.
Section 3: Usurpation of powers and unlawful appointments

Usurpation of legislative powers (Art. 239) 
Article 239. Usurpation of legislative powers. - The penalties of prision correccional in its minimum period, temporary
special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon any public officer who shall
encroach upon the powers of the legislative branch of the Government, either by making general rules or regulations
beyond the scope of his authority, or by attempting to repeal a law or suspending the execution thereof.
Usurpation of executive functions (Art. 240) 

Article 240. Usurpation of executive functions. - Any judge who shall assume any power pertaining to the executive
authorities, or shall obstruct the latter in the lawful exercise of their powers, shall suffer the penalty of arresto mayor in
its medium period to prision correccional in its minimum period.
Usurpation of judicial functions (Art. 241) 

Article 241. Usurpation of judicial functions. - The penalty of arresto mayor in its medium period to prision correccional in
its minimum period and shall be imposed upon any officer of the executive branch of the Government who shall
assume judicial powers or shall obstruct the execution of any order or decision rendered by any judge within its
jurisdiction.
Disobeying request for disqualification (Art. 242) 

Article 242. Disobeying request for disqualification. - Any public officer who, before the question of jurisdiction is decided,
shall continue any proceeding after having been lawfully required to refrain from so doing, shall be punished by arresto
mayor and a fine not exceeding 500 pesos.
In rel. 238
Orders or requests by executive officers to any judicial authority (Art. 243)

Article 243. Orders or requests by executive officers to any judicial authority. - Any executive officer who shall address any order
or suggestion to any judicial authority with respect to any case or business coming within the exclusive jurisdiction of
the courts of justice shall suffer the penalty of arresto mayor and a fine not exceeding 500 pesos.
Elements:
 Any executive officer
 Shall address any order or suggestion
 To any judicial authority with respect to any case or business coming within the exclusive jurisdiction of the
courts of justice.
Unlawful appointments (Art. 244)

Article 244. Unlawful appointments. - Any public officer who shall knowingly nominate or appoint to any public office
any person lacking the legal qualifications therefor, shall suffer the penalty of arresto mayor and a fine not exceeding
1,000 pesos.
Elements:
 Shall knowingly nominate or appoint to any public office
 Any person lacking the legal qualifications therefor.
Note: includes nomination.

 Presupposes that the legal qualifications are spelled out.
Section 4: Abuses against chastity

Abuses against chastity (Art. 245)
Article 245. Abuses against chastity; Penalties. - The penalties of prision correccional in its medium and maximum periods
and temporary special disqualification shall be imposed:
1. Upon any public officer who shall solicit or make immoral or indecent advances to a woman interested in
matters pending before such officer for decision, or with respect to which he is required to submit a report to
or consult with a superior officer;
2. Any warden or other public officer directly charged with the care and custody of prisoners or persons under
arrest who shall solicit or make immoral or indecent advances to a woman under his custody.
If the person solicited be the wife, daughter, sister of relative within the same degree by affinity of any person in the
custody of such warden or officer, the penalties shall be prision correccional in its minimum and medium periods and
temporary special disqualification.
How committed:
1.
 Who shall:
o Solicit or
o Make immoral or indecent advances
 To a woman interested in matters pending before such officer for decision,
o Or with respect to which he is required to submit a report to or consult with a superior officer
2.
 Any warden or other public officer
 Directly charged with the care and custody of prisoners or persons under arrest
 Who shall
o Solicit or
o Make immoral or indecent advances to a woman under his custody.
Question: what if the offended party is a man?

Answer: not penalized daw??? If act done is solicitation/through words
 But if with assault, rape 2nd par.
Garcia v. Drilon  VAWC not applicable to men.

 Dissent by Leonen  maybe there should be a law protecting battered husbands
Title Eight: Crimes Against Persons

Chapter 1: Destruction of Life
Section 1: Parricide, murder, homicide
Parricide (Art. 246) 
Art. 246. Parricide. — Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of
his ascendants, or descendants, or his spouse, shall be guilty of parricide and shall be punished by the penalty of
reclusion perpetua to death.
Note: relationships are the ff.:

 Father (L/IL)
 Mother (L/IL)
 Child (L/IL)
 Spouse
 Ascendants (L)
 Descendants (L)
Note: no need to prove QC to make it murder; but treachery can be proven just so to offset any mitigating circumstance
that may be interposed.
Question: can you interpose that the marriage is void?

Answer: NO. So long as when the person is killed, they were still married.
 Same purpose as to when there is a prejudicial question to bigamy.
 So not a prejudicial question in parricide.
Note: relationship must be alleged in the information.
Marriage certificate as the primary evidence.
Cases:
People v. Jumawan, 116 SCRA 739
People v. Tomotorgo, 136 SCRA 238
People v. Malabago, 265 SCRA 198

 Oral evidence of the marriage may be considered by the trial court if it is not objected to.
People v. Ignacio, 270 SCRA 445
People v. Genosa, 341 SCRA 493
Death or Physical injuries inflicted under exceptional circumstances (Art. 247)

Art. 247. Death or physical injuries inflicted under exceptional circumstances. — Any legally married person who having surprised
his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in
the act or immediately thereafter, or shall inflict upon them any serious physical injury, shall suffer the penalty of
destierro.
If he shall inflict upon them physical injuries of any other kind, he shall be exempt from punishment.
These rules shall be applicable, under the same circumstances, to parents with respect to their daughters under eighteen
years of age, and their seducer, while the daughters are living with their parents.
Any person who shall promote or facilitate the prostitution of his wife or daughter, or shall otherwise have consented
to the infidelity of the other spouse shall not be entitled to the benefits of this article.
Note: 247 does NOT provide a penalty, so it is NOT a crime.

 Destierro here, even though penalty imposed, is NOT a penalty imposed on the offender. Rather, it is for the
protection of the offender.
Situation 1:
Elements:
 Any legally married person
o Valid marriage
 Who having surprised his spouse in the act of committing sexual intercourse with another person,
o Caught in flagrante delicto
 Shall
o kill any of them or both of them in the act or immediately thereafter, or
o inflict upon them any serious physical injury,
Situation 2:
 Parents, WRT daughters who are minors and their seducers
 While minors live with their parents
CANNOT APPLY TO:

 Any person
 Who shall
o Promote or facilitate the prostitution of his wife or daughter, or
o Otherwise have consented to the infidelity of the other spouse.
 Must have known and did not object; or
 Openly agreed
Cases:
People v. Abarca, 153 SCRA 735
 “immediate”  not right after; can refer to a lapse of time for so long that the person is still under the effects of
seeing his/her spouse in flagrante delicto.
 Burden to prove that the offender is still under such effect.
 Negated by the opportunity to desist from such pursuit.
o Evident premeditation already; inconsistent with passion or obfuscation.
 Also, destierro NOT a penalty.
 Can this be complexed?
o NO, because 247 is not a felony.
o Since the first act is NOT a felony, then the subsequent acts (double frustrated murder) cannot be a
felony.
o Court ultimately made him liable for negligence resulting to physical injuries.
 From an act of dolo to an act of culpa.
People v. Puedan, 388 SCRA 266
Murder (Art. 248)

Art. 248. Murder. — Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty
of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the
following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to
weaken the defense or of means or persons to insure or afford impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon
a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means
involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of
a volcano, destructive cyclone, epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing
at his person or corpse.
Attendant (qualifying) circumstances:

 Treachery, taking advantage of superior strength, with aid of armed men, means employed to weaken defense,
or to insure or afford impunity
 In consideration of price, reward, or promise
 By means involving great waste or ruin
 On occasion of calamities
 Evident premeditation
 Cruelty, augmenting suffering (physical), or scoffing at his person or corpse
Note: these must be alleged as qualifying circumstances. (A, with evident premeditation, killed B)
 If wrongly denominated as aggravating, the killing remains as homicide, and the circumstances will be appreciated
as ordinary aggravating circumstances.
Homicide (Art. 249) 

Art. 249. Homicide. — Any person who, not falling within the provisions of Article 246, shall kill another without the
attendance of any of the circumstances enumerated in the next preceding article, shall be deemed guilty of homicide
and be punished by reclusion temporal.
Cases:
People v. Buensuceso, 132 SCRA 143
People v. Pugay, 167 SCRA 439
People vs. Basay, 219 SCRA 404
Penalty for frustrated parricide, murder, or homicide (Art. 250)

Art. 250. Penalty for frustrated parricide, murder or homicide. — The courts, in view of the facts of the case, may impose upon
the person guilty of the frustrated crime of parricide, murder or homicide, defined and penalized in the preceding
articles, a penalty lower by one degree than that which should be imposed under the provision of Article 50.chanrobles
virtual law library
The courts, considering the facts of the case, may likewise reduce by one degree the penalty which under Article 51
should be imposed for an attempt to commit any of such crimes.
Death caused in a tumultuous affray (Art. 252)

Art. 251. Death caused in a tumultuous affray. — When, while several persons, not composing groups organized for the
common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and
tumultuous manner, and in the course of the affray someone is killed, and it cannot be ascertained who actually killed
the deceased, but the person or persons who inflicted serious physical injuries can be identified, such person or persons
shall be punished by prision mayor.
If it cannot be determined who inflicted the serious physical injuries on the deceased, the penalty of prision correccional
in its medium and maximum periods shall be imposed upon all those who shall have used violence upon the person of
the victim.
Art. 252. Physical injuries inflicted in a tumultuous affray. — When in a tumultuous affray as referred to in the preceding
article, only serious physical injuries are inflicted upon the participants thereof and the person responsible thereof
cannot be identified, all those who appear to have used violence upon the person of the offended party shall suffer the
penalty next lower in degree than that provided for the physical injuries so inflicted.
When the physical injuries inflicted are of a less serious nature and the person responsible therefor cannot be identified,
all those who appear to have used any violence upon the person of the offended party shall be punished by arresto
mayor from five to fifteen days.
Elements of 251:
 While several persons, not composing groups organized for the common purpose of assaulting and attacking
each other reciprocally,
 Quarrel and assault each other in a confused and tumultuous manner,
 And in the course of the affray someone is killed,
 And it cannot be ascertained who actually killed the deceased,
 But the person or persons who inflicted serious physical injuries can be identified
252 variation:
 Cannot be determined who inflicted serious physical injuries
 But can identify persons who used violence
Note: effect is everyone who is present shall be liable.

 Defense of non-participation / mere presence should be interposed.
Case: People v. Unlagada, 389 SCRA 224
Giving assistance to suicide (Art. 253)

Art. 253. Giving assistance to suicide. — Any person who shall assist another to commit suicide shall suffer the penalty of
prision mayor; if such person leads his assistance to another to the extent of doing the killing himself, he shall suffer
the penalty of reclusion temporal. However, if the suicide is not consummated, the penalty of arresto mayor in its
medium and maximum periods, shall be imposed.
Elements:
 Any person
 Who shall:
o Assist another to commit suicide
o Leads his assistance to another to the extent of doing the killing himself
Note: lower penalty if suicide is not consummated. But punishable nonetheless.
Note: Act of assistance done should be directly contributory to the suicide.
Discharge of Firearms (Art. 254)

Art. 254. Discharge of firearms. — Any person who shall shoot at another with any firearm shall suffer the penalty of
prision correccional in its minimum and medium periods, unless the facts of the case are such that the act can be held
to constitute frustrated or attempted parricide, murder, homicide or any other crime for which a higher penalty is
prescribed by any of the articles of this Code.
Elements:
 Any person
 Who shall shoot at another
o This contemplates a pointing to another person.
 With any firearm
Note: N/A if the act is punished as frustrated/attempted parricide, murder, homicide, or any other crime with higher
penalty.
Note: there should not be intent to kill. Otherwise, attempted/frustrated.

 Note: attempt v. frustrated  area of the body hit.
Question: if someone points his firearm in the air and discharges, but the bullet lands on a person. What is a penalty?
 Answer: reckless imprudence resulting to… ___
Case: Dado v. People, 392 SCRA 46
Section Two. – Infanticide and abortion

Infanticide (Art. 255) 
Art. 255. Infanticide. — The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed
upon any person who shall kill any child less than three days of age.
If the crime penalized in this article be committed by the mother of the child for the purpose of concealing her dishonor,
she shall suffer the penalty of prision correccional in its medium and maximum periods, and if said crime be committed
for the same purpose by the maternal grandparents or either of them, the penalty shall be prision mayor.
Diff. between infanticide and abortion:

 If the victim was born and is less than 3 days old, then infanticide.
Note: age must be alleged in the information. Otherwise, murder/homicide.
Intentional Abortion (Art. 256)

Art. 256. Intentional abortion. — Any person who shall intentionally cause an abortion shall suffer:
1. The penalty of reclusion temporal, if he shall use any violence upon the person of the pregnant woman.
2. The penalty of prision mayor if, without using violence, he shall act without the consent of the woman.
3. The penalty of prision correccional in its medium and maximum periods, if the woman shall have consented.
Unintentional Abortion (Art. 257)

Art. 257. Unintentional abortion. — The penalty of prision correccional in its minimum and medium period shall be
imposed upon any person who shall cause an abortion by violence, but unintentionally.
Note: violence is intentional, but no intent to abort.
Case: People v. Salufrancia, 159 SCRA 401 
Abortion practiced by the woman herself or by her parents (Art. 258) 

Art. 258. Abortion practiced by the woman herself of by her parents. — The penalty of prision correccional in its medium and
maximum periods shall be imposed upon a woman who shall practice abortion upon herself or shall consent that any
other person should do so.
Any woman who shall commit this offense to conceal her dishonor, shall suffer the penalty of prision correccional in
its minimum and medium periods.
If this crime be committed by the parents of the pregnant woman or either of them, and they act with the consent of
said woman for the purpose of concealing her dishonor, the offenders shall suffer the penalty of prision correccional
in its medium and maximum periods.
Abortion practiced by a physician or midwife and dispensing or abortives (Art. 259)

Art. 259. Abortion practiced by a physician or midwife and dispensing of abortives. — The penalties provided in Article 256 shall
be imposed in its maximum period, respectively, upon any physician or midwife who, taking advantage of their scientific
knowledge or skill, shall cause an abortion or assist in causing the same.chanrobles virtual law library
Any pharmacist who, without the proper prescription from a physician, shall dispense any abortive shall suffer arresto
mayor and a fine not exceeding 1,000 pesos.
Section 3: Duel
Responsibility of participants in a duel (Art. 260)
Art. 260. Responsibility of participants in a duel. — The penalty of reclusion temporal shall be imposed upon any person
who shall kill his adversary in a duel.
If he shall inflict upon the latter physical injuries only, he shall suffer the penalty provided therefor, according to their
nature.
In any other case, the combatants shall suffer the penalty of arresto mayor, although no physical injuries have been
inflicted.
The seconds shall in all events be punished as accomplices.
Question: is engaging in a duel a felony?

Answer: YES. Because there is a penalty.
Question: what is a second?

Answer: Assistant; one who handles the gun or sword.
Question: what if it is not denominated as duel, will it still be a felony?

Answer: MAYBE since old concept
Challenging to a duel (Art. 261) 

Art. 261. Challenging to a duel. — The penalty of prision correccional in its minimum period shall be imposed upon any
person who shall challenge another, or incite another to give or accept a challenge to a duel, or shall scoff at or decry
another publicly for having refused to accept a challenge to fight a duel.
What is punished:
 Who shall challenge another
 Incite another to give or accept challenge to duel
 Shall scoff at or decry another publicly for refusing to accept
Chapter 2: Physical Injuries

Mutilation (Art. 262) 
Serious physical injuries (Art. 263) 
Administering injurious substances or beverages (Art. 264)
Less serious physical injuries (Art. 265)
Slight physical injuries and maltreatment (Art. 266)
Hazing RA 8049
Rape (Art. 266-A to 266-D)
Cases:
People v. Orita, 184 SCRA 105
People v. Mangalino, 182 SCRA 329
People v. Villapana, 161 SCRA 72
People v. Balbuena, 129 SCRA 10
People v. Castro, 196 SCRA 679
People v. Atento, 196 SCRA 357
People v. Dela Cuesta. 304 SCRA 83
People vs. Sabredo, 331 SCRA 663
People v. Arillas 333 SCRA 765
People v. Mahinay, 302 SCRA 455 
People v. Quinañola , 306 SCRA 710
People v. Jalosjos, 369 SCRA 179 
People v. Olaybar, 412 SCRA 490 
People v. Oga, 431 SCRA 354 
People v. Buates, 408 SCRA 278 
People v. Dela Torre, 419 SCRA 18 
People v. Bautista, 430 SCRA 469

Title Nine: Crimes Against Personal Liberty And Security
Kidnapping and serious illegal detention (Art. 267)
People v. Tomio, 202 SCRA 77
People v. Mercado, 131 SCRA 501 
People v. del Socorro, 182 SCRA 359 cf RA 7610
People v. Lim, 190 SCRA 706 
People v. Padica, 221 SCRA 362 
People v. Ramos 297 SCRA 618
People v. Luartes, 308 SCRA 424
People v. Pavillare, 392 SCRA 684
People v. Ballenas, 330 SCRA 519
People v. Cortez, 324 SCRA 335
Slight illegal detention (Art. 268)
Unlawful arrest (Art 269) 
Kidnapping and failure to return a minor (Art. 270)
Cases:
People v. Ty, 263 SCRA 745 
a. People v. Gutierrez, 197 SCRA 569
b. People v. Reyes, 261 SCRA 279
c. People v. Borromeo, 323 SCRA 547
d. People v. Pastrana, 387 SCRA 342 
e. People v. Bernado, 378 SCRA 708
2. Inducing a minor to abandon his home (Art. 271)
3. Slavery (Art. 272)
4. Exploitation of child labor (Art. 273) cf. RA 7610
5. Services rendered under compulsion of payment of debt (Art. 274)
6. Abandonment of one’s victim (Art. 275) Lamera v. CA, 198 SCRA 186
7. Abandoning a minor by person entrusted with custody; Indifference of parents (Art. 277)
8. Exploitation of minors (Art. 278) 
9. Additional penalties for other offenses (Art. 279)
10. Qualified trespass to dwelling (Art. 280)
a. Marzalado v. People, 441 SCRA 595
11. Other forms of trespass (Art. 281)
12. Grave threats (Art. 282) 

a. Reyes v. People, 27 SCRA 686
13. Light threats (Art. 283)
14. Bond for good behavior (Art. 284)
15. Other light threats (Art. 285)
16. Grave coercion (Art 288)
a. Timoner v. People, 125 SCRA 830 
b. Lee v. CA, 201 SCRA 405 
c. People v. Alfeche, Jr. 211 SCRA 770
d. People v. Santos, 378 SCRA 157
17. Unjust vexation (Art. 287) 
a. People v. Reyes, 60 Phil 369
b. Maderazo v. People, G.R . No. 165065, 26 September 2006
c. Ong Chiu Kwan v. CA, 345 SCRA 586 
d. Baleros v. People, 483 SCRA 10
18. Other similar coercions (Art. 288)
19. Formation, maintenance and prohibition of combination of capital or labor through violence of threats (Art. 289)
20. Discovering secrets through seizure of correspondence (Art. 290)
21. Revealing secrets with abuse of office (Art. 291) 
22. Revelation of Industrial secrets (Art. 292)
Title Ten: Crimes Against Property
1. Robbery (Art. 293) 

a. Napolis v. CA, 43 SCRA 301
b. People v. Biruar, 130 SCRA 513
c. People v. Salas, 327 SCRA 319
d. People v. del Rosario, 359 SCRA 166
e. People v. Reyes, 399 SCRA 528
2. Robbery with violence against or intimidation or persons- penalties (Art. 294)
a. People v. Suela, 373 SCRA 163
Robbery with Homicide 
i. People v. Mangulabnan, 99 Phil 992

ii. People v. Calixto, 123 SCRA 369
iii. People v. Pecato, 151 SCRA 14
iv. People v. Tapales, 93 SCRA 134
v. People v. Quinones, 183 SCRA 747
vi. People v. Faigano, 254 SCRA 10
vii. People v. Hernandez, 432 SCRA 104
Robbery with Rape 
i. People v. Patola, 141 SCRA 401

ii. People v. Dinola, 183 SCRA 493
iii. People v. Moreno, 220 SCRA 292
3. Robbery with physical injuries, committed in an uninhabited place and a band, or with the use of firearm on a street,
road or alley (Art. 295)
a. People v. Salvilla, 184 SCRA 671
4. Robbery in band (Art. 296) 
a. People v. Apduhan, 24 SCRA 798
5. Attempted and frustrated robbery committed under certain circumstances (Art. 297)
6. Execution of deed by means of violence or intimidation (Art. 298)
7. Robbery in an inhibited house or public building or edifices devoted to worship (Art. 299)
a. People v. Jaranilla, 55 SCRA 563
8. Robbery in an uninhabited place and by a band (Art. 300)
9. Inhabited house, public building, or building dedicated to religious worship and their dependencies (Art. 301)
10. Robbery in an uninhabited place or in a private building (Art. 302)
11. Robbery of cereals, fruits, or firewood in an uninhabited place or private building (Art. 303)
12. Possession of picklocks or similar tools (Art. 304)
13. False keys (Art. 305)
Carnapping
i. RA 6539
ii. People v. Dela Cruz, 183 SCRA 763
iii. Izon v. People, 107 SCRA 118
Highway Robbery
i. PD 532
ii. People v. Puno, 219 SCRA 85
iii. People vs. Pulusan, 290 SCRA 353
Cattle Rustling
i. PD 533
ii. Taer v. CA, 186 SCRA 598
iii. Ordonio v. CA, 199 SCRA 873

14. Who are brigands (Art. 306) 
15. Aiding and abetting a band of brigands (Art. 307)
16. Who are liable for theft (Art. 308)
a. People v. Gulinao, 179 SCRA 774 
b. Santos v. People, 181 SCRA 487 
c. People v. Bago, April 6, 2000, G.R. No. 122290
Theft of electricity, illegal water, electric or telephone connections

i. PD 401
ii. RA 7832
iii. RA 8041
Illegal fishing
1. RA 8550, sec. 86 et seq.
2. Hizon v. CA, 265 SCRA 517
17. Qualified Theft (Art. 310) 
Empelies v. IAC, 132 SCRA398
People v. Cañales, 297 SCRA 667
People v. Sison 322 SCRA 345
Roque v. People, 444 SCRA 98
Illegal logging
i. PD 330 
ii. PD 705 sec. 68
iii. Mustang Lumber, Inc. v. CA, 257 SCRA 430
Fencing
i. PD 1612
18. Theft of the property of the National Library and National Museum (Art. 311)
19. Occupation of real property or usurpation of real rights (Art. 312)
a. Quinao v. People, 335 SCRA 741
20. Altering boundaries or landmarks (Art. 313)
Fraudulent Insolvency (Art. 314)
21. Swindling (Estafa) (Art. 315)
a. Corpuz v. People, G.R. No. 180016, April 29, 2014
Through unfaithfulness or abuse of confidence

i. PD 115 (Trust Receipts Law)
ii. Saddul v. CA, 192 SCRA 277 
iii. Allied Banking Corp. v. Ordonez, 192 SCRA 246
iv. Lee v. Radil, 175 SCRA 100 
v. Serona v. CA, 392 SCRA 35 
vi. Chua-Burce v. CA 331 SCRA 1
Through false pretenses, fraudulent acts or means

i. Celino v. CA, 163 SCRA 97 
ii. Abejuela v. People, 200 SCRA 806 
iii. Koh Tieck Heng v. People, 192 SCRA 806
iv. People v. Ong, 204 SCRA 942 
v. Limado v. CA, 270 SCRA 423 

vi. Lu Hayco v. CA, 138 SCRA 227 
vii. Salcedo v. CA, 139 SCRA 59 
viii. People v. Ong, 322 SCRA 38
Bouncing Checks
i. BP 22
22. Other forms of swindling (Art. 316)

23. Swindling a minor (Art. 317)
24. Other deceits (Art. 318)
a. Villaflor v. CA, 192 SCRA 680 
b. Veloso v. Sandiganbayan, 187 SCRA 504
Swindling by syndicate
PD 1689
25. Chattel Mortgage (Art. 319)

26. Arson
a. PD 1613
b. People v. Acosta, 326 SCRA 49
c. Bautista v. CA, 360 SCRA 618
d. Nierras v. Dacuycuy, 181 SCRA 1
e. People v. Gorospe, 157 SCRA 154
f. Que v. People, 154 SCRA 160
g. People v. Nitafan, 214 SCRA 79
h. Lim Lao v. CA, 274 SCRA 572
i. Idos v. CA, 296 SCRA 194
27. Who are liable for malicious mischief (Art. 327)
a. Caballen v. DAR, 168 SCRA 247
28. Special case of malicious mischief (Art. 328) 
29. Other mishchiefs (Art. 329) 
30. Damage and obstruction to means and communication (Art. 330)
31. Destroying or damaging statues, public monument or paintings (Art. 331)
32. Exemption from Criminal Liability in Crimes Against Property (Art. 332)
Title Eleven: Crimes Against Chastity
1. Adultery (Art. 333)

2. Concubinage Art. 334 
a. Beltran v. People, 334 SCRA 106
3. Acts of Lasciviousness (Art. 336)
a. People v. Perez, 378 SCRA 476
b. Amployo v. People, 457 SCRA 282
4. Qualified Seduction (Art. 337) 
a. People v. Fontanilla, 23 SCRA 1227
b. Babanto v. Zosa, 120 SCRA 834
c. Perez v. CA 168 SCRA 236
5. Simple seduction (Art. 338) 
a. People v. Pascua, 406 SCRA 103
6. Acts of lasciviousness with the consent of the offended party (Art. 339)
7. Corruption of minors (Art. 340)
a. Child prostitution 
i. RA 7610, Secs. 5 and 6
8. White slave trade (Art. 341)
9. Forcible Abduction (Art. 342)
a. Forcible Abduction with rape
i. People v. Sunpongco, 163 SCRA 222
ii. People v. Jose, 37 SCRA 450 
iii. People v. Alburo, 184 SCRA 655
iv. People v. Godines, 196 SCRA 765
v. People v. Ablaneda, 357 SCRA 479
10. Consented Abduction (Art. 343)
11. Prosecution of private offenses (Art. 344) 
a. Pilapil v. Ibay-Somera, 174 SCRA 653
12. Civil liability of persons guilty of crimes against chastity (Art. 345)
13. Liability of ascendants, guardians, teachers, or other persons entrusted with the Custody of the offended party (Art.
346)
Title Twelve: Crimes Against The Civil Status Of Persons
1. Simulation of births, substitution of one child for another and concealment or Abandonment of a legitimate child
(Art. 347)
2. Usurpation of Civil Status (Art. 348)
3. Bigamy (Art. 349) 
a. People v. Aragon, 100 Phil 1033
b. Mercado v. Tan, 337 SCRA 122
c. Manuel v. People, 476 SCRA 461
4. Marriage contracted against provisions of law (Art. 350)
5. Premature marriages (Art. 351) 
6. Performance of illegal marriage ceremony (Art. 352)
Title Thirteen: Crimes Against Honor
1. Libel (Art. 353) 

a. Malit v. People, 144 SCRA 348
b. Mercado v. CFI, 116 SCRA 93
c. Agbayani v. IAC, 89 SCRA 699
d. Newsweek v. IAC, 142 SCRA 171
e. Lacsa vs. IAC, 161 SCRA 427
f. Soriano v. IAC, 167 SCRA 222 
g. Bulletin Publishing Corp. v. Noel, 167 SCRA 255
h. Santos v. CA, 203 SCRA 110 
i. Sazon v. CA, 255 SCRA 692 
j. Vasquez v. CA, 314 SCRA 460 
k. Navarette v. CA, 325 SCRA 540 
l. Jalandoni v. Drilon, 327 SCRA 107 
m. Figueroa v. People, G.R. No. 159813, 09 August 2006
n. Brillante v. CA, 440 SCRA 541 
o. Buatis v. CA, 485 SCRA 275 
p. Fortich v. CA, 268 SCRA 152 
q. Salcedo-Ortanez v. CA , 235 SCRA 111 
r. Vicario v. CA, June 1999, G.R. 124491
2. Requirement for publicity (Art. 354) 
3. Libel by writings or simila means (Art. 355)
4. Threatening to publish and offer to prevent such publication for a compensation (Art. 356)
5. Prohibited publication of acts referred to in the course of official proceedings (Art. 357)
6. Slander (Art. 358) 
a. Reyes v. People, 27 SCRA 686
b. Victor v. CA, 173 SCRA 645 
c. People v. Judge Orcullo, 111 SCRA 609
7. Slander by deed (Art. 359)
8. Persons responsible (Art. 360)
9. Proof of the truth (Art. 361)
10. Libelous Remarks (Art. 362)
11. Incriminating an innocent person (Art. 363)
a. People v. Alagao, 16 SCRA 879
b. Huggland v. Lantin, 326 SCRA 620
12. Intriguing against honor (Art. 364)

a. Ganaan v. IAC, 145 SCRA 112
b. Ramirez v. CA, 248 SCRA 590
Title Fourteen: Quasi-Offenses
1. Criminal Negligence (Art. 365) 

a. People v. Cano, 17 SCRA 237
b. Ibabao v. People, 132 SCRA 216
c. Buerano v. CA, 115 SCRA 82
d. Gan v. CA, 165 SCRA 378
e. Carillo v. People, 229 SCRA 386
f. Reodica v. CA, 292 SCRA 87
g. People v. Belbes, 334 SCRA 161
h. Loney v. People, 482 SCRA 194
III. SELECTED SPECIAL PENAL STATUTES
 RA 4200 (Wire Tapping)

 RA 7080 (Plunder)
o Estrada v. SB, G.R. No. 148560. November 19, 2001
o Estrada v. SB, G.R. No. 148965. February 26, 2002
o Arroyo v. People, G.R. No. 220598. July 19, 2016
 PD 1866, as amended (Possession of Firearms and Ammunition);
o People v. Ringor, G.R. No. 123918. December 9, 1999
 RA 9165 (Dangerous Drugs)
 RA 7610 (Child Abuse)
 RA 7877 (Sexual Harassment)
 RA 8484 (Access Devices Regulation Act)
 RA 9160 (Money Laundering)
 RA 9208 (Trafficking in Persons)
 BP 22 (Bouncing Checks)
 RA 6969 (Toxic Substances and Hazardous and Nuclear Wastes)
 RA 6539 (Carnapping)
 RA 9372 (Terrorism)
 RA 9745 (Torture)

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Crim Law Rev | Prof.

Who are public officers

Case: Marifosque v. People, 435 SCRA 332

Chapter 2: Malfeasance and Misfeasance in Office

Knowingly render unjust judgment (Art. 204)

Case: Diego v. Castillo, 436 SCRA 67

Judgment rendered through negligence (Art. 205)

 Negligence = inexcusable negligence or ignorance

Unjust interlocutory order (Art. 206)

Malicious delay in the administrations of justice (Art. 207)

Prosecution of offenses; negligence & tolerance (Art. 208)

Betrayal of trust by attorney - revelation of secrets (Art. 209)

Direct Bribery (Art. 210)

This Decree shall take effect immediately after its publication.

Section 5. This Decree shall take effect immediately.

Dacumas v. Sandiganbayan, 195 SCRA 833

Garcia v. Sandiganbayan, 507 SCRA 258

Indirect bribery (Art. 211)

Qualified bribery (Art. 211-A)

Corruption of public officials (Art. 212)

i. Graft and Corruption

As to gifts or grants from foreign governments, the Congress consents to:

Jaravata v. Sandiganbayan, 127 SCRA 363

Trieste v. Sandiganbayan, 145 SCRA 508

Mejorada v. Sandiganbayan, 151 SCRA 399

Case: Estrada v. Sandiganbayan, 369 SCRA 394

 Hub and spokes

Chapter 3: Frauds and Illegal Exactions and Transactions

Note: officially/official capacity = must be within his functions

Other frauds (Art. 214)

Prohibited transactions (Art. 215)

Possession of prohibited interest by a public officer (Art. 216)

This provision is also applicable to:

Chapter 4: Malversation of Public Funds or Property

Disputable presumption of malversation

Penalty is based on the amount involved.

Misappropriate  use on purpose other than that to which it was allocated.

Ilogan v. Sandiganbayan , 218 SCRA 766

Azarcon v. Sandiganbayan, 268 SCRA 747

Pondevida v. Sandiganbayan, 467 SCRA 219

Sarigumba v. Sandiganbayan, 451 SCRA 533

People v. Ting lan Uy, 475 SCRA 248

Barriga v. Sandiganbayan, 457 SCRA 301

Failure of accountable officer to render accounts (Art. 218)

 Applies both to a public officer:

Illegal use of public funds or property (Art. 220)

 Also known as technical malversation

Tatangco v. Ombudsman, 479 SCRA 249

Failure to make delivery of public funds of property (Art. 221)

Question: what if the funds are returned?

Officers included in the preceding provisions (Art. 222)

Chapter 5: Infidelity of Public Officers

Conniving with or consenting to evasion (Art. 223)

Evasion through negligence (Art. 224)

Case: Rodillas v. Sandiganbayan, 161 SCRA 347

Who can the private person be?

Section 2: Infidelity in the custody of the document

Removal, concealment, or destruction of documents (Art. 226)

Officer breaking seal (Art. 227)

Opening of closed documents (Art. 228)

Question: what if committed by a private person?

Section 3: Revelation of secrets

Revelation of secrets by an officer (Art. 229)

Judgment rendered through negligence (Art. 205) 

Unjust interlocutory order (Art. 206) 

Other frauds (Art. 214) 

Prohibited transactions (Art. 215) 

Refusal of assistance (Art. 233) 

Refusal to discharge elective officer (Art. 234) 

Maltreatment of prisoners (Art. 235) 

Prolonging performance of duties and powers (Art. 237) 

Abandonment of office or position (Art. 238) 

Usurpation of executive functions (Art. 240) 

Usurpation of judicial functions (Art. 241) 

Disobeying request for disqualification (Art. 242) 

Homicide (Art. 249) 

Case: People v. Salufrancia, 159 SCRA 401 

Abortion practiced by the woman herself or by her parents (Art. 258) 

Challenging to a duel (Art. 261) 

Serious physical injuries (Art. 263) 