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An alien owes permanent allegiance to his own country, The term enemy applies only to the subjects of a foreign
at the same time, a temporary allegiance to the country power in a state of hostility with the traitors country. It
where he resides. Temporary allegiance is the obligation does not embrace rebels in insurrection against their own
of fidelity & obedience which an alien owes to the country, for in that case the crime would be rebellion.
government of the country where he resides.
Giving information to (People vs. Paar, G.R. No. L- 2318, b. NOT allowed:
March 31, 1950), or commandeering foodstuffs (People i. Suspended allegiance (since sovereignty is not
vs. Mangahas, 93 Phil 113) for the enemy is evidence of suspended in times of war, only the exercise thereof
both adherence and aid or comfort. is suspended).
ii. Change in sovereignty
It is not essential that the effort to aid be successful, iii. Loss of citizenship by joining the army of the
provided overt acts are done which if successful would enemy.
advance the interest of the enemy (People vs. Alarcon,
G.R. No. L-407, July 28, 1947) There is no treason thru negligence. The overt act of giving
aid or comfort to the enemy must be intentional.
Commandeering of women to satisfy the lust of the
enemy is not treason. Circumstances inherent in treason: treachery, abuse of
superior strength and evident premeditation.
Adherence may be proved:
1. By one witness; Circumstances aggravating in treason: ignominy, cruelty,
2. From the nature of the act itself; or amount or degree of aid, gravity of separate distinct acts of
3. From the circumstances surrounding the act. treason.
83
ARTICLE 115 the crime of misprision of treason. It simply means that the
CONSPIRACY & PROPOSAL penalty imposed is that of an accessory to the crime of
TO COMMIT TREASON treason.
Conspiracy to commit treason But the offender in Article 116 is a principal in the crime of
Committed when in time of war, two or more persons misprision of treason. Misprision of treason is a separate
come to an agreement to levy war against the Government and distinct offense from the crime of treason.
or to adhere to the enemies and to give them aid or comfort,
and decide to commit it (Arts. 8 and 114). ARTICLE 117
ESPIONAGE
Proposal to commit treason Espionage
Committed when in time of war a person who has decided The offense of gathering, transmitting, or losing information
to levy war against the Government or to adhere to the respecting the national defense with intent or reason to
enemies and to give them aid or comfort, proposes its believe that the information is to be used to the injury of the
execution to some other person or persons (Arts. 8 and Republic of the Philippines or to the advantage of a foreign
114). nation.
Intent to gain is The offenders may only Qualified piracy is a SPECIAL COMPLEX CRIME
essential. intend to ignore the punishable by reclusion perpetua to death, regardless of the
ships officers or they number of victims.
may be prompted by a
desire to commit Offenders are not liable for the separate crimes of murder,
plunder. homicide, physical injuries, or rape.
Silence of the owner of the dwelling before and during the Note: If in searching a house, the public officer destroys
search, without search warrant, by a public officer, may furniture therein without any justification at all, he is guilty
show implied waiver. under Article 129, as having used unnecessary severity in
executing the search warrant.
In the third mode, what is punished is the refusal to leave,
the entry having been made surreptitiously. Search warrant
It is an order in writing issued in the name of the People of
It is believed, however, that if the surreptitious entry had the Philippines, signed by the judge and directed to a peace
been made through an opening not intended for that officer, commanding him to search for personal property
purpose, the offender would be liable under the first mode described therein and bring it before the court. (Sec. 1, Rule
since it is entry over the implied objection of the inhabitant. 126, Revised Rules of Criminal Procedure)
Against the will of owner If the search warrant is secured through a false affidavit, the
It presupposes opposition or prohibition by the owner, crime punished by this article
WHETHER EXPRESS OR IMPLIED, and not merely the
absence of consent. (Reyes, 2008, p. 66) CANNOT be complexed but will be a separate crime from
perjury since the penalty herein provided shall be IN
ARTICLE 129 ADDITION TO the penalty of perjury.
SEARCH WARRANTS MALICIOUSLY OBTAINED
AND ABUSE IN THE SERVICE OF THOSE A search warrant shall be valid for ten (10) days from its
LEGALLY OBTAINED date.
2. Exceeding his authority or by using unnecessary severity Instances when a warrantless search and seizure is
in executing a search warrant legally procured. valid:
1. Consented searches;
2. As an incident to a lawful arrest; Search Warrants
3. Searches of vessels and aircraft for violation of Maliciously Searching
immigration, customs, and drug laws; Violation of Domicile Without
Obtained and
4. Searches of moving vehicles; Domicile Abuse in the Witnesses
5. Searches of automobiles at borders or constructive Service of those
borders; Legally Obtained
6. Where the prohibited articles are in "plain view";
7. Searches of buildings and premises to enforce fire, There is no The public officer There was abuse
warrant. is armed with a in the
sanitary, and building regulations; and
warrant but such implementation of
8. "stop and frisk" operations (People v. Lopez, GR No.
was maliciously a valid warrant.
181747, September 29, 2008).
obtained.
Note: The officer, if refused admittance to the place of
directed search after giving notice of his purpose and SECTION THREE: PROHIBITION, INTERRUPTION, AND
authority, may break open any outer or inner door or DISSOLUTION OF PEACEFUL MEETINGS
window of a house or any part of a house or anything
therein to execute the warrant or liberate himself or any ARTICLE 131
person lawfully aiding him when unlawfully detained therein PROHIBITION, INTERRUPTION, & DISSOLUTION OF
(Sec. 7, Rule 126, Revised Rules of Criminal Procedure). PEACEFUL MEETINGS
Acts Punished:
ARTICLE 130 1. Prohibiting, interrupting or dissolving without legal ground
SEARCHING DOMICILE WITHOUT WITNESSES the holding of a peaceful meeting;
To commit the crime under the first act:
Elements: a. The meeting must be peaceful; and
1. That the offender is a public officer or employee; b. There is no legal ground for prohibiting, or interrupting
2. That he is armed with a search warrant legally or dissolving that meeting (Reyes, p.77).
procured;
3. That he searches the domicile, papers or other 2. Hindering any person from joining any lawful association
belongings of any person; and or from attending any of its meetings;
4. That the owner, or any member of his family or two 3. Prohibiting or hindering any person from addressing,
witnesses residing in the same locality are not present. either alone or together with others, any petition to the
authorities for the correction of abuses or redress of
grievances.
The papers or other belongings must be in the dwelling of
their owner at the time the search is made. It does not apply Common elements:
to searches of vehicles or other means of transportation 1. That the offender is a public officer or employee;
because the searches are not made in dwelling (Reyes, The 2. That he performs any of the acts mentioned above.
Revised Penal Code Book II, 17th ed., 2008 p. 73).
The right to freedom of speech and to peacefully assemble,
though guaranteed by our Constitution, is not absolute, for it
Art. 130 does NOT apply to searches of vehicles or other may be regulated in order that it may not be injurious to the
means of transportation. right of the community or society, and this power may be
exercised under the police power of the state, which is the
Search without warrant under the Tariff and Customs Code power to prescribe regulations to promote the good order or
does not include a dwelling house. safety and general welfare of the people.
Being a mere assistant to a principal, guilty of rebellion, The offender must be a public officer or employee.
The crime presupposes the existence of rebellion by other d. To commit, for any political or social end, any act of
persons; the offender must not be in conspiracy with the hate or revenge against private persons or any social
rebels; otherwise, he himself will also be guilty of rebellion. class;
e. To despoil, for any political or social end, any person or
the government of all its property or any part thereof.
ARTICLE 138
INCITING TO REBELLION/ INSURRECTION
Sedition cannot be committed by one person. Article 189
Elements: states The crime of sedition is committed by persons who
1. That the offender does not take up arms or is not in open rise publicly and tumultuously. In Article 163, the word
hostility against the Government; tumultuous is given a definite meaning. It says that the
2. That he incites others to the execution of any of the acts disturbance shall be deemed to be tumultuous if caused
of rebellion; and by more than three persons who are armed or provided with
3. That the inciting is done by means of speeches, the means of violence.
proclamations, writings, emblems, banners or other
representations tending to the same end. Sedition Treason
In its more general In its more general
Proposal to Commit
Inciting to Rebellion sense, it is the raising of sense, it is the violation
Rebellion
commotions or by a subject of his
In both crimes, the offender induces another to disturbances in the allegiance to his
commit rebellion. State. sovereign.
The person who It is not required that the
proposes has decided to offender has decided to Sedition Rebellion
commit rebellion. commit rebellion.
In both, there must be public uprising.
The person who The act of inciting is done
It is sufficient that the There must be taking up
proposes the execution publicly.
public uprising is of arms against the
of the crime uses secret
tumultuous. Government.
means.
The purpose of the The purpose is always
In both, the crime of rebellion should not be actually
offenders may be political.
committed by the persons to whom it is proposed or
political or social.
who are incited. If they commit rebellion because of
the proposal or inciting, the proponent or the one Not necessarily against Always against the
inciting may become a principal by inducement in the the government. government.
crime of rebellion.
There must be an agreement both to attain an object of Present refers to the time element. It used to be identified
sedition and to rise publicly and tumultuously. with imminent and immediate danger. The danger must not
only be probable but very likely inevitable.
ARTICLE 142
INCITING TO SEDITION Dangerous tendency rule
There is inciting to sedition when the words uttered or
Acts Punished: published could easily produce disaffection among the
1. Inciting others to commit sedition by means of speeches, people and a state of feeling in them incompatible with a
proclamations, writings, emblems, cartoons, disposition to remain loyal to the Government and obedient
banners, or other representations tending to the same to the laws. The dangerous tendency rule is generally
end; adopted in the Philippines.
2. Uttering seditious words or speeches which tend to
disturb the public peace; Reason why seditious utterances are prohibited:
3. Writing, publishing, or circulating scurrilous libels If the State were compelled to wait until the apprehended
against the Government or any of its duly constituted danger became certain, then its right to protect itself would
authorities; come into being simultaneously with the overthrow of the
4. Knowingly concealing such evil practices. Government, when there would be neither prosecuting
Knowingly concealing such evil practices is ordinarily an officers nor courts for the enforcement of the law.
act of the accessory after the fact, but under this CHAPTER TWO: CRIMES AGAINST
provision, the act is treated and punished as that of the POPULAR REPRESENTATION
principal. (ARTS. 143-145)
Scurrilous
Means low, vulgar, mean, or foul.
SECTION ONE: CRIMES AGAINST LEGISLATIVE
Elements of Act no. 1: BODIES AND SIMILAR BODIES
1. That the offender does not take direct part in the crime of
sedition; ARTICLE 143
2. That he incites others to the accomplishment of any of the ACTS TENDING TO PREVENT THE MEETING OF THE
acts which constitute sedition; and ASSEMBLY AND SIMILAR BODIES
3. That the inciting is done by means of speeches,
proclamations, writings, emblems, cartoons, banners, or Elements:
other representations tending to the same end. 1. That there be a projected or actual meeting of the
Congress or any of its committees or subcommittees,
Acts nos. 2 & 3 punishable when: constitutional commissions or committees or divisions
1. They tend to disturb or obstruct any lawful officer in thereof, or of any provincial board or city or municipal
executing the functions of his office; council or board;
2. They tend to instigate others to cabal and meet together 2. That the offender, who may be any person, prevents
for unlawful purposes; such meeting by force or fraud.
3. They suggest or incite rebellious conspiracies or riots;
or Force referred to here is one that produces an injury on the
4. They lead or tend to stir up the people against the lawful person of another, and fraud involves falsification. Thus,
authorities or disturb the peace of the community, and the physical injuries and falsification will be complexed as a
safety and order of the Government. necessary means to commit this crime.
session, except in cases where such member has
ARTICLE 144 committed a crime punishable under the Code by a
DISTURBANCE OF PROCEEDINGS penalty higher than prision mayor.
Elements:
Elements: a. That the offender is a public officer or employee;
1. That there be a meeting of Congress or any of its b. That he arrests or searches any member of Congress;
committees or subcommittees, constitutional c. That the Congress, at the time of arrest or search, is
commissions or committees or divisions thereof, or any in regular or special session; and
provincial board or city or municipal council or board; and
2. That the offender does any of the following acts:
a. He disturbs any of such meetings; or Session
b. He behaves while in the presence of any such bodies in Refers to the entire period from its initial convening
such a manner as to interrupt its proceedings or to until its final adjournment.
impair the respect due it.
d. That the member arrested or searched has not
committed a crime punishable under the Code by a
Complaint for disturbance of proceedings must be filed by a penalty higher than prision mayor.
member of the legislative body.
Disturbance created by a participant in the meeting is not Parliamentary immunity does not protect members of
covered by Art. 144. Congress from responsibility before the legislative body
itself.
The same act may be made the basis for contempt since it
is coercive in nature while the crime under this Article is The 1987 Constitution exempts members of Congress from
punitive. arrest, while the Congress is in session, for all offenses
punishable by a penalty less than prision mayor.
SECTION TWO: VIOLATION OF PARLIAMENTARY
IMMUNITY It is not necessary that the member is actually prevented
from exercising any of his functions. It is sufficient that
ARTICLE 145 Congress is in session and the offender, in using force,
VIOLATION OF PARLIAMENTARY IMMUNITY intimidation, threats, or frauds, has the purpose to prevent a
member of the National Assembly from exercising any of his
Acts Punished: such prerogatives.
1. Using force, intimidation, threats, or frauds to prevent any
member from: Note: Sec. 11, Art. VI of the 1987 Constitution states that,
a. Attending the meetings of Congress or any of its A Senator or Member of the House of Representatives
committees or subcommittees, constitutional shall in all offenses punishable by not more than six years
commissions or committees or divisions thereof, or imprisonment, be privileged from arrest while Congress is in
from session while Art 145 of the RPC states penalty higher
b. Expressing his opinions or than prison mayor. To be consistent with the Constitution,
c. Casting his vote. the Constitution should prevail over Art. 145, and the
Constitution says 6 years, not prision mayor.
Elements:
a. That the offender uses force, intimidation, threats or
CHAPTER THREE: ILLEGAL
fraud; and
ASSEMBLIES AND ASSOCIATIONS
b. That the purpose of the offender is to prevent any (ARTS. 146-147)
member of Congress from
i. Attending the meetings of the Congress or any of
its committees or constitutional commissions, etc.; ARTICLE 146
or ILLEGAL ASSEMBLIES
ii. Expressing his opinions; or
iii. Casting his vote. Forms of Illegal Assemblies:
Note: The offender in Par. 1 may be any person. 1. Any meeting attended by armed persons for the purpose
of committing any of the crimes punishable under the
2. Arresting or searching any member while Congress is in RPC.
ARTICLE 147
Requisites: ILLEGAL ASSOCIATIONS
a. That there is a meeting, gathering or group of persons,
whether in a fixed place or moving; Prohibited associations:
b. That the meeting is attended by armed persons; and Associations totally or partially organized for:
c. That the purpose of the meeting is to commit any of the 1. The purpose of committing any of the crimes punishable
crimes punishable under the RPC. under the RPC, or
2. Some purpose contrary to public morals.
Not all the persons present at the meeting of the first form
of illegal assembly must be armed. It is sufficient that at Public morals refer to matters which affect the interest
least 2 persons are armed. of society and public convenience and is not limited to
good customs.
If none of the persons present in the meeting are armed,
there is no crime of Illegal Assembly. Persons liable:
1. Founders, directors, and president of the association.
2. Any meeting in which the audience, whether armed or 2. Members of the association.
not, is incited to the commission of the crime of treason,
rebellion or insurrection, sedition, or assault upon a Illegal Assembly Illegal Association
person in authority or his agent.
It is necessary that there It is not necessary that
Requisites: is an actual meeting or there is an actual
a. That there is a meeting, a gathering or group of assembly of armed meeting.
persons, whether in a fixed place or moving; and persons for the purpose
b. That the audience, whether armed or not, is incited specified in Art. 146.
to the commission of the crime of treason, rebellion or
It is the meeting and It is the act of forming or
insurrection, sedition or direct assault.
attendance at such organizing and
meeting that are membership in the
It is necessary that the audience is actually incited. If in the punished. association that are
meeting the audience is incited to the commission of punished.
rebellion or sedition, the crimes committed are ILLEGAL
ASSEMBLY as regards the organizers or leaders or The persons liable are: The persons liable are:
persons merely present and INCITING TO REBELLION OR 1. The organizers or 1. The founders,
SEDITION insofar as the one inciting them is concerned. leaders of the directors and
meetings; and president; and
Persons liable in illegal assemblies: 2. The persons 2. The members.
1. The organizers or leaders of the meeting; present at the
2. Persons merely present at the meeting. meeting.
Organized for temporary More or less of some
Presumptions: purposes. duration and existence.
If any person carries an unlicensed firearm, it is presumed
that: Held in connection with Even acts contrary to
1. The purpose of the meeting insofar as he is concerned is crimes punishable under public morals are
to commit acts punishable under the RPC; and the RPC. included, thus may
2. He is considered a leader or organizer of the meeting. include crimes
The law does NOT distinguish whether or not the punishable by special
firearms are licensed or unlicensed. It only gives a laws.
presumption if the firearm used is unlicensed.
A barangay chairman shall be deemed a PA. However, it is important to determine whether the
victim is a PA or APA.
A barrio councilman, barrio policeman and barangay leader Where the force employed on the agent of a person
shall be deemed an APA. in authority is of a serious character, including
determination to defy the law and its
Teachers, professors, and persons in charge with the representative, the crime committed is direct assault.
supervision of public or duly recognized private schools,
colleges and universities, and lawyers in the actual
performance of their professional duties or on the occasion If the victim is a PA, the degree of force employed
of such performance shall be deemed persons in authority, against him is immaterial as the mere laying of hands
in applying Arts. 148 and 151. on him is sufficient (U.S. vs Gumban, G.R. No. L-
13658, November 9, 1918).
Directly vested with jurisdiction
Means the power or authority to govern and execute the If the victim is an APA, the violence, intimidation, or
laws. (Reyes 2008., p. 137) resistance employed by the offender must be serious
(U.S. vs Tabiana, G.R. No. L-11847 February 1,
ARTICLE 148 1918).
DIRECT ASSAULT
iii. Makes a serious intimidation (unlawful coercion,
Two ways to commit: duress, putting someone in fear, exertion of an
1. Without public uprising, by employing force or influence in the mind which must be both immediate
intimidation for the attainment of any of the purposes and serious); or
The resistance must be active, not passive (Reyes,
p. 135). . If Direct Assault is committed and the PA or APA suffers
Serious or Less Serious Physical Injuries, the crime shall
iv. Makes a serious resistance (if not serious, crime be a complex crime or Direct Assault with Serious or Less
committed may be that under Article 151 or Serious Physical Injuries.
resistance and disobedience);
The crime of slight physical injuries is absorbed in direct
b. That the person assaulted is a person in authority or his assault if committed against an APA. If committed against
agent; a PA, it will be considered as a separate offense.
c. That at the time of the assault the person in authority or
his agent:
i. Is engaged in the actual performance of official duties, The crime of direct assault is not committed when the PA
or or APA is suspended or under suspension when he is
ii. That he is assaulted by reason of the past attacked.
performance of his official duties;
d. That the offender knows that the one he is assaulting If the accused was also acting in the performance of his
is a person in authority or his agent in the exercise of his official duties, crime committed may be coercion or
duties; and physical injuries.
e. That there is no public uprising.
Direct Assault cannot be committed in times of rebellion
Considered NOT in the actual performance of official or sedition because Art. 148 requires that the assault be
duties: without a public uprising (People v. Abalos, G.R. No.
1. When the PA or APA exceeds his powers or acts 88189, July 9, 1996).
without authority;
2. Unnecessary use of force or violence; ARTICLE 149
3. Descended to matters which are private in nature. INDIRECT ASSAULT
The testimony of a person summoned must be upon In the crime of resistance and disobedience the offender
matters into which the legislature has jurisdiction to inquire. must have knowledge that the person arresting is a PA or
APA.
ARTICLE 154
Serious disturbance must be planned or intended. UNLAWFUL USE OF MEANS OF PUBLICATION AND
UNLAWFUL UTTERANCES
Outcry
To shout spontaneously subversive or provocative words Acts punished:
tending to stir up the people so as to obtain by means of 1. Publishing or causing to be published, by means of
force or violence any of the objects of rebellion or sedition. printing, lithography or any other means of publication, as
The outcry must be spontaneous, otherwise it would be news any false news which may endanger the public
the same as inciting to rebellion or sedition. order, or cause damage to the interest or credit of the
State;
Burying with pomp the body of a person Ostentatious
display of a burial. The offender must know that the news is false, to be
liable.
Inciting to Sedition or Public Disorder
Rebellion 2. Encouraging disobedience to the law or to the constituted
authorities or by praising, justifying or extolling any act
The outcry or displaying of The outcry is more or less punished by law, by the same means or by words,
emblems or placards should unconscious outburst utterances or speeches;
have been done with the which, although rebellious
idea aforethought of or seditious in nature, is not The act of the offender of encouraging disobedience to
inducing his hearers or intentionally calculated to the law or the authorities punishable under this paragraph
readers to commit the crime induce others to commit is different from inciting to sedition which requires that the
of rebellion or sedition. rebellion or sedition. people rise publicly.
At the outset, the meeting is At the outset, the meeting
unlawful. is lawful but becomes 3. Maliciously publishing or causing to be published any
unlawful after the outburst official resolution or document without authority, or before
described above. they have been published officially;
It is tumultuous if caused by more than three persons who Note: Actual public disorder or actual damage to the
are armed or provided with the means of violence. credit of the State is not necessary. The mere possibility
However, this is only a presumption juris tantum, hence if of causing such damage is sufficient.
the disturbance is in fact tumultuous it is immaterial that
there are no such armed persons. Conversely if the R.A. No. 248 prohibits the reprinting, reproduction or
gathering is not in fact tumultuous, it does not matter if there republication of government publications and official
are such armed persons present on that occasion. documents without previous authority.
If the act of disturbing or interrupting a meeting or religious If the printer/owner of the printing establishment took part
ceremony is not committed by public officers, or if committed in the preparation and publication of the libelous writings
by public officers they are participants therein, he shall be liable under Art. 360.
ARTICLE 156
If the publication is both obscene and anonymous, the DELIVERING PRISONERS FROM JAIL
offenses cannot be complexed as they involve different
acts separately punished under this Article and Art. 201 Elements:
on obscene publications. 1. That there is a person confined in a jail or penal
establishment;
ARTICLE 155 2. That the offender removes therefrom such person, or
ALARMS & SCANDALS helps the escape of such person.
3. Disturbing the public peace while wandering about at If the delivery of the prisoner was committed through
night or while engaged in any other nocturnal bribery:
amusements. a. The BRIBER commits corruption of a public officer
(Art. 212) and delivering prisoners from jail.
4. Causing any disturbance or scandal in public places while b. The JAILER, if a public officer, commits infidelity in the
intoxicated or otherwise, provided Art. 153 is not custody of prisoners (Art. 223) and bribery (Art. 210).
applicable. c. The PRISONER commits evasion of service of
sentence (Art. 157) if he is already convicted by final
If the disturbance is of a serious nature, the case will fall judgment.
under Art. 153.
Delivering Prisoners Infidelity in the Escape
from Jail Custody of Prisoners Flee from; to avoid; to get out of the way, as to flee to avoid
arrest (Blacks Law Dictionary, 4th ed., p. 640).
Offender: usually Offender: public officer
committed by an who had the prisoner in ARTICLE 158
outsider. It may also his custody or charge EVASION OF SERVICE OF SENTENCE ON THE
apply to an employee of who was in connivance
OCCASION OF DISORDERS, CONFLAGRATIONS,
the penal establishment, with the prisoner in the
EARTHQUAKES, OR OTHER CALAMITIES
provided he does not latters escape
have custody or charge Elements:
of such person. 1. That the offender is a convict by final judgment, and is
Prisoner: May be a convict or a detainee confined in a penal institution;
2. That there is disorder, resulting from:
a. Conflagration,
CHAPTER SIX: EVASION OF SERVICE b. Earthquake,
OF SENTENCE c. Explosion,
(ARTS. 157-159) d. Similar catastrophe,
e. Mutiny in which he has not participated;
ARTICLE 157 3. That the offender leaves the penal institution where he is
confined, on the occasion of such disorder or during the
EVASION OF SERVICE OF SENTENCE
mutiny;
4. That the offender fails to give himself up to the authorities
Elements:
within 48 hrs. following the issuance of a proclamation by
1. That the offender is a convict by final judgment;
the Chief Executive announcing the passing away of such
2. That he is serving his sentence, which consists in
calamity.
deprivation of liberty;
3. That he evades the service of his sentence by escaping What is punished is not the leaving of the penal institution,
during the term of his sentence. but the failure of the convict to give himself up to the
authorities within 48 hours after the proclamation
Circumstances qualifying the offense: announcing the passing away of the calamity.
If such evasion or escape takes place:
1. By means of unlawful entry (this should be by scaling); If the offender fails to give himself up, he shall suffer an
2. By breaking doors, windows, gates, walls, roofs or floors; increase of 1/5 of the time still remaining to be served under
3. By using picklocks, false keys, disguise, deceit, the original sentence, which shall not exceed 6 months. If
violence, or intimidation; the offender gives himself up, he is entitled to a deduction of
4. Through connivance with other convicts or employees of 1/5 of his original sentence.
the penal institution.
The following cannot commit evasion of service of sentence: Mutiny in this article implies an organized unlawful
a. Accused who escapes during appeal or a detention resistance to a superior officer; a sedition; a revolt (People
prisoner vs. Padilla, C.A., 46 O.G. 2151).
b. Minor delinquents
c. Deportees If one partakes in the mutiny, he will be liable for the
offenses which he committed during the mutiny whether or
not he returns.
If the accused escaped while the sentence of conviction was ARTICLE 159
under appeal, he is not liable under Article 157, the OTHER CASES OF EVASION OF SENTENCE
judgment not having become final, and this is true even if his
(CONDITIONAL PARDON)
appeal was later dismissed because he had escaped
(Curiano vs. Court of First Instance, G.R. L-8104, April 15,
Elements:
1955). 1. That the offender was a convict;
2. That he was granted a conditional pardon by the Chief
Persons convicted under this Article are disqualified from
Executive; and
the benefits of the Indeterminate Sentence Law.
3. That he violated any of the conditions of such pardon.
Violation of conditional pardon is a distinct crime. (This is TITLE FOUR: CRIMES AGAINST
according to Reyes);
PUBLIC INTEREST
CHAPTER SEVEN: COMMISSION OF
According to Regalado, however, there are actually two ANOTHER CRIME DURING SERVICE OF
views: PENALTY IMPOSED FOR ANOTHER
a. One is expressed in People v. Jose (75 Phil. 612) PREVIOUS OFFENSE
which states that it is not a distinct crime, since the
penalty is only the recommitment of the convict to
serve the portion of the sentence remitted by the ARTICLE 160
pardon; hence it is only a continuation of the original COMMISSION OF ANOTHER CRIME DURING THE
case. SERVICE OF PENALTY IMPOSED FOR ANOTHER
b. The other view which is the more logical one is PREVIOUS OFFENSE (QUASI-RECIDIVISM)
expressed in People v. Martin (68 Phil. 122) which
states that since the code imposes a specific penalty Elements:
of prision correccional in its minimum period if the 1. That the offender was already convicted by final judgment
unserved portion is less than six years, it is therefore a of one offense;
distinct crime. 2. That he committed a new felony before beginning to
serve such sentence or while serving the same.
A conditional pardon is a contract between the Chief
Executive who grants the pardon and the convict who A quasi-recidivist can be pardoned:
accepts it. 1. At the age of 70, if he shall have already served out his
original sentence (and not a habitual criminal); or
Offender can be arrested and reincarcerated without trial 2. When he shall have completed it after reaching the said
in accordance with Sec. 64(I) of the Revised age, unless by reason of his conduct or other
Administrative Code. circumstances, he shall not be worthy of such clemency.
The period when convict was at liberty is not deducted in The word another in Article 160 does not mean that the
case he is recommitted. new felony which is committed by a person already
serving sentence is different from the crime for which he
Violation of Evasion of Service of is serving sentence.
Conditional Pardon Sentence
Only considered as final judgment when the accused
Infringes the terms of the Defeats the purpose of does not appeal anymore.
contract. the law.
Does not affect public Disturbs public order. Quasi-recidivism does not require that the offense for
order. which the convict is serving and the new felony
committed be embraced in the same title of the RPC.
While in recidivism, both the first and the second
offenses must be embraced in the same title of the RPC.
A coin is false or counterfeited, if it is forged or if it is not
SECTION 1: FORGING THE SEAL OF THE authorized by the Government as legal tender, regardless of
GOVERNMENT OF THE PHILIPPINE ISLANDS, THE its intrinsic value.
SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE.
Counterfeiting
ARTICLE 161 Means the imitation of a legal or genuine coin.
COUNTERFEITING SEAL OF GOVERNMENT,
SIGNATURE AND STAMP OF PRESIDENT There is counterfeiting when a spurious coin is made. There
must be an imitation of the peculiar design of a genuine
Acts Punished: coin.
1. Forging the Great Seal of the Government of the
Philippines; Uttering
2. Forging the signature of the President; Means to pass counterfeited coins
3. Forging the stamp of the President.
If the signature of the President is forged, it is not Uttering includes delivery or the act of giving them away.
falsification of public document, but forging the signature
of the Chief Executive. It is uttered when it is paid even though the utterer may not
obtain the gain he intended.
ARTICLE 162
USE OF FORGED SIGNATURE, COUNTERFEIT Kinds of coins the counterfeiting of which is punished:
SEAL OR STAMP 1. Silver coins of the Philippines or coin of the Central
Bank;
Elements: 2. Coin of the minor coinage of the Philippines or the
1. That the seal of the Republic was counterfeited, or the Central Bank;
signature or stamp of the Chief Executive was forged by 3. Coin of the currency of a foreign country.
another person; Former coins withdrawn from circulation may be
2. That the offender knew of the counterfeiting or forgery; counterfeited.
and
3. That he used the counterfeit seal or forged signature or
stamp. Pars. 1 and 2 of Art. 163 mention coin without any
qualifications.
The offender must NOT be the forger otherwise the crime As regards par. 3, the use of the word currency is not
committed is forgery under Art. 161. correct because the Spanish text uses the word
In using the forged signature or stamp of the President or moneda which embraces not only those that are legal
forged seal, the participation of the offender is in tender but also those out of circulation.
effect that of an accessory. Although the general rule is
that he should be punished by a penalty two (2) ARTICLE 164
degrees lower, under Article 162 he is punished by a MUTILATION OF COINS IMPORTATION AND
penalty only one degree lower. UTTERANCE OF MUTILATED COINS
The possession prohibited in Art. 165 is possession in The Code punishes forging or falsification of bank notes
general, that is, not only actual, physical possession but and of documents of credit payable to bearer and issued
also constructive possession or the subjection of the thing by the State more severely than counterfeiting of coins
to ones control, otherwise offenders could easily evade because the first tends to bring such documents into
the law by the mere expedient of placing other persons in discredit and produces a lack of confidence on the part of
actual, physical possession of the thing although retaining the holders of the said documents to the prejudice of the
constructive possession or actual control thereof (People interests of the society and the State. Moreover, it is
vs. Andrada, 11 C.A. Rep. 147). easier to forge or falsify such certificates, notes, etc. and
the profit derived therefrom is greater and the incentive for
Actually uttering false or mutilated coin, knowing it to be its commission is more powerful. (U.S. vs. Gardner 3 Phil
false or mutilated, is a crime under Art. 165, even if the 403)
offender was not in connivance with the counterfeiter or
mutilator. The falsification of Philippine National Bank (PNB) checks
is not forgery under Art. 166 of RPC but falsification of
SECTION THREE: FORGING TREASURY OR BANK commercial documents under Art 172 in connection with
NOTES, OBLIGATIONS AND SECURITIES; Art. 171 of the Code.
IMPORTING AND UTTERING FALSE OR FORGED
NOTES, OBLIGATIONS AND SECURITIES ARTICLE 167
COUNTERFEITING, IMPORTING AND UTTERING
ARTICLE 166 INSTRUMENTS NOT
FORGING TREASURY OR BANK NOTES OR OTHER PAYABLE TO BEARER
DOCUMENTS PAYABLE TO BEARER; IMPORTING
AND UTTERING THE SAME Elements:
1. That there be an instrument payable to order or other
Acts punished: document of credit NOT payable to bearer;
1. Forging or falsification of treasury or bank notes or other 2. That the offender either forged, imported or uttered such
documents payable to bearer; instrument; and
3. That in case of uttering, he connived with the importer or
forger.
2. By erasing, substituting, counterfeiting, or altering by any
Counterfeiting under Art. 167 must involve an instrument means the figures, letters, words or signatures contained
payable to order or other document of credit not payable to therein.
bearer.
PD 247 penalizes defacement, mutilation, tearing, burning
Forgery of currency is punished so as to maintain the or destroying of Central Bank notes and coins.
integrity of the currency and thus insure the credit standing
of the government and prevent the imposition on the public It includes falsification and counterfeiting.
and the government of worthless notes or obligations
(People vs. Galano, C.A.,54 O.G. 5897, as cited in Reyes). Forgery Falsification
As used in Art. 169 refers The commission of any of
to the falsification and the eight (8) acts
The utterer should not be the forger, otherwise, connivance counterfeiting of treasury or mentioned in Art. 171 on
is obviously not required, for he can be held liable as a bank notes or any legislative (only the act of
forger of the instrument. (People vs. Orqueza, 14 C.A. Rep. instruments payable to the making alteration), public
730, as cited in Reyes) bearer or to order. or official, commercial, or
private documents, or
ARTICLE 168 wireless, or telegraph
ILLEGAL POSSESSION AND USE OF messages.
FALSE TREASURY OR BANK NOTES AND OTHER
INSTRUMENTS OF CREDIT ANTI-MONEY LAUNDERING ACT
R.A. No. 9194
Elements:
1. That the treasury or bank note or certificate or other Money laundering
obligation and securities payable to bearer or any Is a crime whereby the proceeds of an unlawful activity as
instrument payable to order or other document of credit herein defined are transacted, thereby making them appear
not payable to bearer is forged or falsified by another; to have originated from legitimate sources. It is
2. That the offender knows that any of these instruments is committed by the following:
forged or falsified; a. Any person knowing that any monetary instrument or
3. That he performs any of these acts: property represents, involves, or relates to, the proceeds
a. Using any of such forged or falsified instruments; or of any unlawful activity, transacts or attempts to transact
b. Possessing with intent to use, any of the forged or said monetary instrument or property.
falsified documents. b. Any person knowing that any monetary instrument or
property involves the proceeds of any unlawful activity,
Possession of false treasury or bank notes alone is not a performs or fails to perform any act as a result of which
criminal offense. For it to constitute an offense, possession he falicitates the offense of money laundering referred
must be with intent to use said false treasury or bank notes to in paragraph (a) above.
(People vs. Digoro, G.R. No. L-22032, March 4, 1966). c. Any person knowing that any monetary instrument or
property is required under this Act to be disclosed and
filed with the Anti-Money Laundering Council (AMLC),
The accused must have knowledge of the forged character fails to do so" (Sec 4).
of the note.
Covered transaction'
A person in possession of falsified document and who It is a transaction in cash or other equivalent monetary
makes use of the same is presumed to be the material instrument involving a total amount in excess of Five
author of falsification. hundred thousand pesos (PhP 500,000.00) within one (1)
banking day (Sec 1).
ARTICLE 169
HOW FORGERY IS COMMMITTED Suspicious transaction
Are transactions with covered institutions, regardless of the
How committed: amounts involved, where any of the following circumstances
1. By giving to a treasury or bank note or any instrument exist:
payable to bearer or to order the appearance of a true 1. there is no underlying legal or trade obligation, purpose or
and genuine document; economic justification;
2. the client is not properly identified; n. Felonies or offenses of a similar nature that are
3. the amount involved is not commensurate with the punishable under the penal laws of other countries
business or financial capacity of the client; (Sec 3).
4. taking into account all known circumstances, it may be
perceived that the client's transaction is structured in SECTION FOUR: FALSIFICATION OF LEGISLATIVE,
order to avoid being the subject of reporting PUBLIC, COMMERCIAL AND PRIVATE DOCUMENTS
requirements under the Act; AND WIRELESS, TELEGRAPH AND TELEPHONE
5. any circumstances relating to the transaction which is MESSAGES
observed to deviate from the profile of the client and/or
the client's past transactions with the covered institution; ARTICLE 170
6. the transactions is in a way related to an unlawful activity FALSIFICATION OF LEGISLATIVE DOCUMENTS
or offense under this Act that is about to be, is
being or has been committed; or Elements:
7. any transactions that is similar or analogous to any of 1. That there be a bill, resolution or ordinance enacted or
the foregoing (Sec 2). approved or pending approval by either House of the
Legislature or any provincial board or municipal council;
2. The offender alters the same;
Unlawful activity refers to any act or omission or series 3. That he has no proper authority therefor; and
or combination thereof involving or having direct relation 4. That alteration changed the meaning of the document.
to following:
a. Kidnapping for ransom under Article 267 of Act No. The bill, resolution, or ordinance must be genuine.
3815, otherwise known as the Revised Penal Code,
as amended; Offender may be private individual or a public officer.
b. Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of
Republic Act No. 9165, otherwise known as the The act of falsification is limited to altering that which
Comprehensive Dangerous Act of 2002; changes its meaning. Hence, other acts of falsification,
c. Section 3 paragraphs B, C, E, G, H and I of republic even in legislative documents, are punished either in Art.
Act No. 3019, as amended, otherwise known as the 171 or under Art. 172.
Anti-Graft and Corrupt Practices Act;
d. Plunder under Republic Act No. 7080, as amended; R.A. 248 prohibits the reprinting, reproduction or
e. Robbery and extortion under Articles 294, 295, 296, republication of government publications and official
299, 300, 301 and 302 of the Revised Penal Code, as documents without previous authority.
amended;
f. Jueteng and Masiao punished as illegal gambling ARTICLE 171
under Presidential Decree No. 1602; FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR
g. Piracy on the high seas under the Revised Penal NOTARY OR ECCLESIASTICAL MINISTER
Code, as amended and Presidential under the
Revised Penal Code, as amended and Presidential Elements:
Decree No. 532; 1. That the offender is a public officer, employee or notary
h. Qualified theft under Article 310 of the Revised Penal public or ecclesiastical minister;
Code, as amended;
i. Swindling under Article 315 of the Revised PenalCode, The ecclesiastical minister is liable under this article if he
as amended; shall commit any of the acts of falsification with respect to
j. Smuggling under Republic Act Nos. 455 and 1937; any record or document of such character that its
k. Violations under Republic Act No. 8792, otherwise falsification may affect the civil status of persons.
known as the Electronic Commerce Act of 2000;
l. Hijacking and other violations under Republic Act 2. That he takes advantage of his official position when:
No. 6235; destructive arson and murder, as defined a. He has the duty to make or prepare or otherwise
under the Revised Penal Code, as amended, intervene in the preparation of the document;
including those perpetrated by terrorists against non- b. He has the official custody of the document which he
combatant persons and similar targets; falsifies.
m. Fraudulent practices and other violations under If he did not take advantage of his official position, he
Republic Act No. 8799, otherwise known as the would be guilty of falsification of public document by a
Securities Regulation Code of 2000; private individual under Art. 172.
3. The offender falsifies a document.
C.Attributing to persons who have participated in any
Document act or proceeding statements other than those in fact
It is any written statement by which a right is established or made by them.
an obligation extinguished or by which a fact may be
proven or affirmed. Requisites:
1. That a person or persons participated in an act or
The document must be complete or at least it must have the proceeding;
appearance of a true and genuine document. 2. That such person or persons made statements in that
act or proceeding;
The document must be of apparent legal efficacy. 3. That the offender in making a document, attributed to
such person, statements other than those in fact made
In the 1st, 2nd, 6th, 7th (second part) and 8th mode of by such person or persons.
falsification, there must be a GENUINE DOCUMENT.
D.Making untruthful statements in a narration of facts.
In the other paragraphs of Art. 171, falsification may be Requisites:
committed by simulating or fabricating a document. 1. That the offender makes in a document statements in a
narration of facts;
Different Modes of Falsifying a Document: 2. That he has the legal obligation to disclose the truth
of the facts narrated by him;
A. Counterfeiting or imitating (feigning) any 3. That the facts narrated by the offender are absolutely
handwriting, signature or rubric. false; and
4. That the perversion of truth in the narration of facts was
Requisites: made with the wrongful intent of injuring a third
1. That there be an intent to imitate or an attempt to person.
imitate; and
2. The two signatures or handwritings, the genuine and
the forged bear some resemblance to each other. There must be narration of facts, not a conclusion of law.
Counterfeiting
Imitating any handwriting, signature or rubric Legal obligation means that there is a law requiring the
disclosure of the facts narrated.
Imitating (feigning)
Simulating a signature, handwriting, or rubric out of one The facts must be absolutely false. The crime of
which does not in fact exist falsification is not violated if there is some colorable truth
in the statements of the accused.
If there is no attempt whatsoever by the accused to
imitate the signatures of the other person so that they are Wrongful intent not essential when the document falsified
entirely unlike the genuine signature, the accused may be is public document.
found guilty under the second mode of falsifying a
document. If the narration of facts is contained in an affidavit or a
statement required by law to be sworn to, the crime
B.Causing it to appear that persons have participated in committed is perjury.
an act or proceeding when they did not in fact so
participate. The person making the narration of facts must be aware
of the falsity of the facts narrated by him (Reyes, p. 225).
Requisites:
1. That the offender caused it to appear in a document that
a person or persons participated in an act or proceeding; E.Altering true dates.
and Date must be essential.
2. That such persons did not in fact so participate in the act
or proceeding. The alteration of the date or dates in a document must
The imitation of the signature of the offended party is not affect either the veracity of the document or the effects
necessary in this mode of falsification. thereof.
b. That he committed any of the acts of falsification
Alteration of dates in official receipts to prevent discovery enumerated in Art.171 (Pars.1-6);
of malversation is falsification. c. That the falsification was committed in a public or
official or commercial document.
F. Making alteration or intercalation in a genuine
document which changes its meaning. Public document
A document created, executed or issued by a public
Requisites: official in response to the exigencies of the public service,
1. That there be an alteration (change) or intercalation or in the execution of which a public official intervened;
(insertion) on a document; any instrument authorized by a notary public or a
2. That it was made on a genuine document; competent public official, with the solemnities required by
If the document is not genuine, the crime of estafa is law.
committed.
3. That the alteration or intercalation has changed the Official document
meaning of the document; A document which is issued by a public official in the
4. That the change made the document speak something exercise of the functions of his office.
false.
Commercial document
Alteration which speaks the truth is not falsification. The Any document defined and regulated by the Code of
idea of deception is inherent in the word alteration of Commerce or any other commercial laws.
making the instrument speak something which the parties
did not intend it to speak. 2. Falsification of private document by any person.
Elements:
G.Issuing in an authenticated form a document a. That the offender committed any of the acts of
purporting to be a copy of an original document falsification, except those in par. 7, enumerated in
when no such original exists or including in such a Art.171;
copy a statement contrary to or different from that of b. That the falsification was committed in a private
the genuine original. document;
c. That the falsification caused damage to a third party or
CANNOT be committed by a private individual or by a at least the falsification was committed with the
notary public or public officer who DOES NOT take intent to cause such damage.
advantage of his official position.
Private document
Intent to gain or prejudice is not necessary, because it is A deed or instrument executed by a private person without
the interest of the community which is intended to be the intervention of a notary public or other person legally
guaranteed by the strict faithfulness of the officials authorized, by which document some disposition or
charged with the preparation and preservation of the acts agreement is proved, evidenced or set forth.
in which they intervene.
Mere falsification of private document is not enough. Two
H.Intercalating any instrument or note relative to the things are required:
issuance thereof in a protocol, registry or official i. He must have falsified the same; and
book. ii. He must have performed an independent act which
operates to the prejudice of third persons.
ARTICLE 172
FALSIFICATION BY PRIVATE INDIVIDUALS AND USE Damage need not be material, damage to ones honor is
OF FALSIFIED DOCUMENTS included.
The phrase or similar circumstances in Art. 174 does not SECTION ONE: USURPATION OF AUTHORITY, RANK,
seem to cover property, because the circumstance TITLE AND IMPROPER USE OF NAMES, UNIFORMS
contemplated must be similar to merit, service, or good AND INSIGNIA
conduct.
ARTICLE 177
ARTICLE 175 USURPATION OF AUTHORITY
USING FALSE CERTIFICATES OR OFFICIAL FUNCTIONS
Elements:
1. That the offender makes use of insignia, uniform or dress; Penalty depends upon the sentence of the defendant
2. That the insignia, uniform or dress pertains to an office against whom false testimony was given.
not held by the offender or to a class of persons of which
he is not a member; and Defendant must be sentenced to at least a correctional
3. That said insignia, uniform or dress is used publicly and penalty or a fine, or must be acquitted.
improperly.
The offender is liable even if his testimony was not
considered by court. The law intends to punish the mere
Wearing the uniform of an imaginary office is NOT giving of false testimony.
punishable. The office must actually exist.
The testimony must be complete.
An EXACT IMITATION of a uniform or dress is
UNNECESSARY. Art. 180 applies to Special Penal Laws because Special
Penal Laws follow the nomenclature of the RPC.
Republic Act No. 493 punishes the wearing of insignia,
badge or emblem of rank of the members of the Armed ARTICLE 181
Forces of the Philippines or Constabulary. FALSE TESTIMONY FAVORABLE
TO THE DEFENDANT
Republic Act No. 75 punishes the unauthorized wearing of
The false testimony in favor of the defendant need not ARTICLE 183
directly influence the decision of the acquittal and it need not PERJURY
benefit the defendant.
Two ways of committing perjury:
Conviction or acquittal of defendant in principal case is not 1. By falsely testifying under oath;
necessary. 2. By making a false affidavit.
False testimony is punished not because of the effect it Falsely testifying under oath must NOT be in a judicial
actually produces but because of its tendency to favor or to proceeding.
prejudice the defendant.
Testimony must be complete.
A defendant who falsely testifies in his own behalf in a
criminal case can only be guilty of Art. 181 when he Elements:
voluntarily goes upon the witness stand and falsely imputes 1. That the accused made a statement under oath or
to some other person the commission of a grave offense. If executed an affidavit upon a material matter;
he merely denies the commission of the crime or his 2. That the statement or affidavit was made before a
participation therein, he should not be prosecuted for false competent officer authorized to receive and administer
testimony (U.S. vs. Soliman, G.R. No. L-11555, January 6, oath;
1917). 3. That in that statement or affidavit, the accused made a
willful and deliberate assertion of a falsehood; and
Testimony must be complete. Rectification made 4. That the sworn statement or affidavit containing the falsity
spontaneously after realizing the mistake is not false is required by law.
testimony.
Note: However, in People v. Angangco (G.R. No. L- 47693,
ARTICLE 182 Oct.12, 1943), the SC held that the statement need not be
FALSE TESTIMONY IN required but that it was sufficient if it was AUTHORIZED by
CIVIL CASES law to be made.
The person liable is the: Art. 187 does not apply to the manufacturer of misbranded
a. Manufacturer, articles. The manufacturer is liable for Estafa under Art. 315
b. Producer, subdivision 2(b) of the RPC.
c. Processor, or
d. Importer of any merchandise or object of commerce. Note: Arts. 188 and 189 have been REPEALED by the
Intellectual Property Code.
The crime is committed by (1) combining, (2) conspiring,
or (3) agreeing with any person. REPUBLIC ACT NO. 8293
Intellectual Property Code
The purpose is (1) to make transactions prejudicial to
lawful commerce, or (2) to increase the market price of Intellectual Property Rights consists of:
any merchandise or object of commerce manufactured, 1. Copyright and Related Rights;
produced, processed, assembled or imported into the 2. Trademarks and Service Marks;
Philippines. 3. Geographic Indications;
4. Industrial Designs;
Mere conspiracy or combination is punished. 5. Patents;
6. Layout-Designs (Topographies) of Integrated Circuits;
If the offense affects any food substance or other particles and
of prime necessity, it is sufficient that initial steps are 7. Protection of Undisclosed Information
taken.
Technology transfer arrangements
When offense is committed by a corporation or Contracts or agreements involving the transfer of systematic
association, the president and directors or managers are knowledge for the manufacture of a product, the application
liable when they (1) knowingly permitted or (2) failed to of a process, or rendering of a service including
prevent the commission of such offenses. management contracts; and the transfer, assignment or
licensing of all forms of intellectual property rights, including
licensing of computer software except computer software
SECTION TWO: FRAUDS IN COMMERCE AND developed for mass market.
INDUSTRY
ARTICLE 187 Criminal action for repetition of infringement
IMPORTATION AND DISPOSITION OF FALSELY If infringement is repeated by the infringer or by anyone in
MARKED ARTICLES OR MERCHANDISE MADE OF connivance with him after finality of the judgment of the
court against the infringer, the offenders shall, without or manufactured and the damage that the copyright owner
prejudice to the institution of a civil action for damages, be has suffered by reason of the infringement.
criminally liable therefor.
Any person who at the time when copyright subsists in a
The making, using, offering for sale, selling, or importing a work has in his possession an article which he knows, or
patented product or a product obtained directly or indirectly ought to know, to be an infringing copy of the work for the
from a patented process, or the use of a patented process purpose of:
without the authorization of the patentee constitutes patent a. Selling, letting for hire, or by way of trade offering or
infringement. exposing for sale, or hire, the article;
b. Distributing the article for purpose of trade, or for any
Remedies for infringement other purpose to an extent that will prejudice the rights
Any person infringing a right protected under this law shall of the copyright owner in the work; or
be liable: c. Trade exhibit of the article in public, shall be guilty of an
1. To an injunction restraining such infringement. The court offense and shall be liable on conviction to
may also order the defendant to desist from an imprisonment and fine as above mentioned (Sec. 29,
infringement, among others, to prevent the entry into P.D. No. 49a).
the channels of commerce of imported goods that involve
an infringement, immediately after customs clearance of Unfair competition:
such goods. 1. Any person, who is selling his goods and gives them the
2. Pay to the copyright proprietor or his assigns or heirs general appearance of goods of another manufacturer or
such actual damages, including legal costs and other dealer, either as to the goods themselves or in the
expenses, as he may have incurred due to the wrapping of the packages in which they are contained, or
infringement as well as the profits the infringer may the devices or words thereon, or in any other feature of
have made due to such infringement, and in proving their appearance, which would be likely to influence
profits the plaintiff shall be required to prove sales only purchasers to believe that the goods offered are those of
and the defendant shall be required to prove every a manufacturer or dealer, other than the actual
element of cost which he claims, or, in lieu of actual manufacturer or dealer, or who otherwise clothes the
damages and profits, such damages which to the court goods with such appearance as shall deceive the public
shall appear to be just and shall not be regarded as and defraud another of his legitimate trade, or any
penalty. subsequent vendor of such goods or any agent of any
3. Deliver under oath, for impounding during the pendency vendor engaged in selling such goods with a like purpose;
of the action, upon such terms and conditions as the 2. Any person who by any artifice, or device, or who
court may prescribe, sales invoices and other employs any other means calculated to induce the false
documents evidencing sales, all articles and their a belief that such person is offering the services of another
packaging alleged to infringe copyright and who has identified such services in the mind of the public;
implements for making them. or
4. Deliver under oath for destruction without any 3. Any person who shall make any false statement in the
compensation all infringing copies or devices, as well as course of trade or who shall commit any other act
all plates, molds, or other means for making such contrary to good faith of a nature calculated to discredit
infringing copies as the court may order. the goods, business or services of another (Sec. 168.3,
5. Such other terms and conditions, including the payment Intellectual Property Code).
of moral and exemplary damages, which the court may
deem proper, wise and equitable and the destruction of
infringing copies of the work even in the event of acquittal False Designations of Origin; False Description or
in a criminal case. Representation
Any person who, on or in connection with any goods or
In an infringement action, the court shall also have the services, or any container for goods, uses in commerce
power to order the seizure and impounding of any article any word, term, name, symbol, or device, or any
which may serve as evidence in the court proceedings combination thereof, or any false designation of origin, false
(Sec. 28, P.D. No. 49a). or misleading description of fact, or false or misleading
representation of fact, which:
In determining the number of years of imprisonment and the 1. Is likely to cause confusion, or to cause mistake, or to
amount of fine, the court shall consider the value of the deceive as to the affiliation, connection, or association of
infringing materials that the defendant has produced such person with another person, or as to the origin,
sponsorship, or approval of his or her goods, services, or Financier
commercial activities by another person; or Any person who pays for, raises or supplies money for, or
2. In commercial advertising or promotion, misrepresents underwrites any of the illegal activities prescribed under this
the nature, characteristics, qualities, or geographic Act.
origin of his or her or another person's goods, services, or
commercial activities (Sec. 160, Intellectual Property Protector/Coddler
Code). Any person who knowingly and willfully consents to the
unlawful acts provided for in this Act and uses his/her
Liable to a civil action for damages and injunction by any influence, power or position in shielding, harboring,
person who believes that he or she is or is likely to be screening or facilitating the escape of any person he/she
damaged by such act. knows, or has reasonable grounds to believe on or
suspects, has violated the provisions of this Act in order to
Independent of the civil and administrative sanctions prevent the arrest, prosecution and conviction of the violator.
imposed by law the offender may also be criminally liable.
The testing requirement is no longer required for those The violator must be aware of the nature of the place as
charged before the prosecutors office. The Court held that such, and in case of the visitor, he must also knowingly
such testing is unconstitutional as it effectively singles out its visit the same.
subject and seeks to violate his rights against self-
incrimination and privacy. A person accused of an offense 5. Manufacture of dangerous drugs and/or controlled
does not consent to such testing and neither does he waive precursors and essential chemicals (Section 8).
his right to privacy simply by being a person accused of a 6. Illegal chemical diversion of controlled precursors and
crime (SJS v. DDB and PDEA, G.R. No. 157870, November essential chemicals (Section 9).
3, 2008). 7. Manufacture or delivery of equipment, instrument,
apparatus and other paraphernalia for dangerous drugs
Those found to be positive for dangerous drugs shall be and/or controlled precursors essential chemicals (Sec.
subjected to the provisions of Sec. 15 (Use of Dangerous 10).
Drugs), which involves rehabilitation for a minimum period of 8. Possession of dangerous drugs (Sec. 11).
6 months for the first offense, or imprisonment of 6 to 12 Elements
years for the second offense. a. Unauthorized;
b. Either actual or constructive;
Acts Punished: c. Irrespective of its quantity; and
(For table of acts punished see Annex J) d. With intent to possess or with full knowledge that
1. Importation of dangerous drugs and/or controlled what was possessed was any of the prohibited drugs.
precursors and essential chemicals (Section 4).
2. Sale, trading, administration, dispensation, delivery,
distribution and transportation of dangerous drugs and/or 9. Possession of equipment, instrument, apparatus and
controlled precursors and essential chemicals (Section 5). other paraphernalia for dangerous drugs (Sec. 12).
Effect of termination of immunity: (Sec. 34) Notwithstanding any law, rule and regulation to the contrary,
The immunity shall cease and the witness shall be any person determined and found to be dependent on
prosecuted or cited for contempt. dangerous drugs shall, upon petition by the Board or any of
its authorized representative, be confined for treatment and
Voluntary submission of a drug dependent to rehabilitation in any Center duly designated or accredited for
confinement, treatment and rehabilitation (Sec. 54) the purpose.
The drug dependent may, by himself/herself or through Such petition may be filed by any person authorized by the
his/her parent, spouse, guardian or relative within the 4th Board with the RTC of the province or city where such
degree of consanguinity or affinity, apply to the Board or its person is found.
duly recognized representative, for treatment and
rehabilitation of the drug dependency. Prescription of the offense charged against a drug
dependent under the Compulsory Submission Program
Upon such application, the Board shall bring forth the matter (Sec. 63)
to the Court which shall order that the applicant be
examined for drug dependency. It will not run during the time that the drug dependent is
1. If positive: under confinement in a Center or otherwise under the
a. The court shall issue an order for rehabilitation and treatment and rehabilitation program approved by the Board.
treatment to a center for not less than 6 months; or
b. May be placed in the care of DOH accredited physician
if there is no near or accessible center; OR Suspension of Sentence of a First-Time Minor Offender
when the drug dependent is under 18 years old, and (Sec. 66)
first time offender, and non-confinement in a center will
not pose a serious danger to his/ her family or Accused: over 15 years old at the time of violation of Sec.
community. 11 of this Act but not more than 18 years old at the time
when the judgment should have been promulgated after
Confinement in a center shall not exceed 1 year, after having been found guilty of said offense. Suspension may
which time the Court, as well as the Board, shall be be given subject to the following conditions:
apprised by the head of the treatment and rehabilitation 1. Has not been previously convicted of violating any
center of the status of said drug provision of CDDA of 2002, DDA of 1972, RPC, or any
dependent and determine whether further special penal laws;
confinement will be for the welfare of the drug 2. Has not been previously committed to a Center or to the
dependent and his/her family or community. care of a DOH-accredited physician; and
3. Board favorably recommends it.
Exemption from the Criminal Liability under the
Voluntary Submission Program (Sec. 55): However, Sec. 38 of R.A. No. 9344( Juvenile Justice and
Requisites: Welfare Act) provides for the AUTOMATIC SUSPENSION
1. He/she has complied with the rules and regulations of the of sentence of a child in conflict with the law, even if he/she
center, the applicable rules and regulations of the Board, is already 18 years of age or more at the time he/she is
including the after-care and follow-up program for at least found guilty of the offense charged. It reads:
18 months following temporary discharge from
confinement in the Center. Sec. 38. Automatic Suspension of Sentence. Once the
2. He/she has never been charged or convicted under this child who is under eighteen (18) years of age at the time of
Act. the commission of the offense is found guilty of the offense
3. He/she has no record of escape from a center. charged, the court shall determine and ascertain any civil
4. He/she poses no serious danger to himself/herself, liability which may have resulted from the offense
his/her family or the community by his/her exemption committed. However, instead of pronouncing the judgment
from criminal liability. of conviction, the court shall place the child in conflict with
the law under suspended sentence, without need of
application: Provided, however, That suspension of
sentence shall still be applied even if the juvenile is already
eighteen (18) of age or more at the time of the Dangerous Drugs Board
pronouncement of his/her guilt. Shall be the policy-making and strategy-formulating body in
the planning and formulation of policies and programs on
Upon suspension of sentence and after considering the drug prevention and control.
various circumstances of the child, the court shall impose
the appropriate disposition measures as provided in the Philippine Drug Enforcement Agency (PDEA)
Supreme Court on Juvenile in Conflict with the Law. Shall serve as the implementing arm of the Board, and
shall be responsible for the efficient and effective law
The above-quoted provision makes no distinction as to the enforcement of all the provisions on any dangerous drug
nature of the offense committed by the child in conflict with and/or controlled precursor and essential chemical as
the law, unlike P.D. No. 603 and A.M. No. 02-1-18- SC. The provided in the Act.
said P.D. and Supreme Court (SC) Rule provide that the
benefit of suspended sentence would not apply to a child in Among the powers and duties of the PDEA is to prepare for
conflict with the law if, among others, he/she has been prosecution or cause the filing of appropriate criminal and
convicted of an offense punishable by death, reclusion civil cases for violation of all laws on dangerous drugs,
perpetua or life imprisonment. In construing Sec. 38 of R.A. controlled precursors and essential chemicals, and other
No. 9344, the Court is guided by the basic principle of similar controlled substances, and assist, support and
statutory construction that when the law does not coordinate with other government agencies for the proper
distinguish, we should not distinguish. Since R.A. No. 9344 and effective prosecution of the same. (Sec. 84 [h])
does not distinguish between a minor who has been
convicted of a capital offense and another who has been The PDEA shall be the lead agency in the investigation of
convicted of a lesser offense, the Court should also not any violation of RA No. 9165 (Sec. 86, last par.).
distinguish and should apply the automatic suspension of
sentence to a child in conflict with the law who has been Limited Applicability of RPC to RA 9165 Notwithstanding
found guilty of a heinous crime (People of the Philippines vs any law, rule or regulation to the contrary, the provisions of
Richard O. Sarcia G.R. No. 169641 September 10, 2009). the RPC shall not apply to the provisions of this Act, except
in the case of minor offenders. Where the offender is a
minor, the penalty for acts punishable by life imprisonment
Discharge After Compliance with Conditions of to death shall be reclusion perpetua to death (Sec. 98).
Suspended Sentence of a First-Time Minor Offender
(Sec. 67)
If the first time minor offender under suspended sentence TITLE SIX: CRIMES AGAINST PUBLIC
complies with the rules and regulations of the Board, the MORALS
court, upon recommendation of the Board, shall discharge
the accused and dismiss all proceedings. CHAPTER ONE: GAMBLING AND
BETTING (ARTS. 195-199)
The minor shall not thereafter be held guilty of perjury or of
concealment or misrepresentation by reason of his/her
failure to acknowledge the case or recite any fact related Arts. 195-199 and provisions of PD 483 and 449 are
thereto in response to any inquiry made of him for any repealed insofar as they are inconsistent with PD 1602,
purpose. which provides for stiffer penalties for violation of the
Gambling Laws.
The privilege of suspended sentence shall be availed of only
ONCE by an accused drug dependent who is a first- time Gambling
offender over fifteen (15) years of age at the time of the Is any game or scheme, whether upon chance or skill,
commission of the violation of Section 15 (Use of wherein wagers consisting of money, articles of value or
Dangerous Drugs) but not more than eighteen (18) years of representative of value are at stake or made.
age at the time when judgment should be promulgated 1. Any person taking part, directly or indirectly in any
(Sec. 68). illegal or unauthorized activities or games of cockfighting,
jueteng, jai alai or horse racing to include bookie
Dangerous Drugs Board and Philippine Drug operations and game fixing, numbers, bingo and other
Enforcement Agency (Article IX) forms of lotteries; cara y cruz, pompiang and the
like; 7-11 and any game using dice; black jack, lucky nine, 7. Any barangay official who, with knowledge of the
poker and its derivatives, monte, baccarat, cuajo, existence of the gambling house or place in his
pangguigue and other card games; pak que, high and jurisdiction fails to abate the same or take action in
low, mahjong, domino and other games using plastic tiles connection therewith.
and the like; slot machines, roulette, pinball and other 8. Any security officer, security guard, watchman, private or
mechanical contraptions and devices; dog racing, boat house detective of hotels, villages, buildings, enclosures
racing, car racing and other forms of races; basketball, and the like which have the reputation of a gambling place
boxing, volleyball, bowling, pingpong and other forms of or where gambling activities are being held.
individual or team contests to include game fixing, point
shaving and other machinations; banking or percentage
game, or any other game or scheme, whether upon Proof that the game took place or is about to take place is
chance or skill, wherein wagers consisting of money, not necessary.
articles of value or representative of value are at stake or
made; A mere bystander or spectator in a gambling game is not
2. Any person knowingly permitting any form of gambling criminally liable, because he does not take part therein,
previously enumerated to be carried on in an inhabited directly or indirectly. The law does not make the mere
or uninhabited place or in any building, vessel or other presence in a gambling house an offense (U.S. vs.
means of transportation owned or controlled by him. Palma, G.R. No. 2188, May 5, 1905).
Elements: Lottery
a. That a gambling game was carried on in an inhabited It is a scheme for the distribution of prizes by chance among
or uninhabited place or in any building, vessel or other persons who have paid, or agreed to pay, a valuable
means of transportation; consideration for the chance to obtain a prize (U.S. v. Filart,
b. That the place, building, vessel or other means of G.R. No. L-10263, May 13, 1915).
transportation is owned or controlled by the offender;
and Elements of lottery:
c. That the offender permitted the carrying on of such 1. Consideration;
game, knowing that it is a gambling game. 2. Chance;
1. Any person knowingly permitting any form of gambling to 3. Prize or some advantage or inequality in amount or
be carried on in a place which has a reputation of a value which is in the nature of a prize.
gambling place or where prohibited gambling is
frequently carried on therein, or in a public or government There is no lottery when there is full value for money and
building or barangay hall; the prize is merely incidental (Reyes, p. 343).
4. The maintainer or conductor of the above gambling
schemes. ARTICLE 196
Maintainer IMPORTATION SALE AND POSSESSION OF
It is the person who sets up and furnishes the means with LOTTERY TICKETS OR ADVERTISEMENTS
which to carry on the gambling game or scheme.
Acts punished relative to lottery tickets or
Conductor advertisements:
It is the person who manages or carries on the gambling 1. By importing into the Philippines from any foreign place or
game or scheme. port any lottery ticket or advertisement.
2. By selling or distributing the same in connivance with the
5. A government official who is a maintainer, conductor or importer.
banker of the gambling schemes, or the player, promoter, 3. By possessing, knowingly and with intent to use, lottery
referee, umpire, judge or coach in case of game fixing, tickets or advertisements.
point shaving and other machinations. 4. By selling or distributing the same without connivance
6. Any person who knowingly and without lawful purpose in with the importer.
any hour of any day, possesses any lottery list, paper or
other matter containing letters, figures, signs or symbols The possession of any lottery ticket or advertisement is
pertaining to or in any manner used in the games of prima facie evidence of an intent to sell, distribute or use the
jueteng, jai alai or horse racing bookies and similar games same.
of lotteries and numbers which have taken place or about
to take place. PRESIDENTIAL DECREE NO. 483
Penalizing Betting, Game-fixing or enforcement or administration of laws and regulations on
Point-Shaving and Machinations in sports, the penalty provided for in the preceding paragraph
Sport Contests shall be imposed. In addition, he shall be disqualified from
holding any public office or employment for life. If he is an
Note: This repealed Article 197 (Betting in Sports alien, he may be deported (Section 3).
Contests) of RPC.
ARTICLE 198
Acts punished: Game-fixing, point-shaving, game ILLEGAL BETTING ON HORSE RACES
machination, in connection with the games of basketball,
volleyball, softball, baseball; chess, boxing bouts, jai- alai, Acts punished in illegal betting on horse races:
pelota and all other sports contests, games or races; as 1. By betting on horse races during the periods not allowed
well as betting therein except as may be authorized by law by law.
(Sec. 2). 2. By maintaining or employing a totalizer or other device
or scheme for betting on races or realizing profit
Definitions: therefrom, during the periods not allowed by law.
1. Betting betting money or any object or article of value
or representative of value upon the result of any game, Totalizer
races and other sports contests. It is a machine for registering and indicating the number and
2. Game-fixing any arrangement, combination, scheme or nature of bets made on horse races.
agreement by which the result of any game, races or
sports contests shall be predicted and/or known other Horse Races are allowed during:
than on the basis of the honest playing skill or ability of 1. Sundays not reserved
the players or participants. 2. 24 Saturdays
3. Point-shaving any such arrangement, combination, 3. Legal Holidays EXCEPT:
scheme, or agreement by which the skill or ability of any a. Independence Day
player or participant in a game, race or sports contest to b. Rizal Day
make points or scores shall be limited deliberately in c. Registration or Voting day
order to influence the result thereof in favor of one or the d. Holy Thursday
other team, player or participant therein. e. Good Friday
4. Game machination any other fraudulent, deceitful,
unfair or dishonest means, method, manner or practice ARTICLE 199
employed for the purpose of influencing the result of any ILLEGAL COCKFIGHTING
game, race or sports contest (Sec 1).
Modified by: PD 449
Liability of offenders:
When the offender is an official, such as promoter, referee, Under PD 449, the following may be held liable:
umpire, judge, or coach in the game, race, sports contests, 1. Any person who, directly or indirectly, participates in
or the manager or sponsor of any participating team, cockfights, by betting money or other valuable things in a
individual, or player therein, or participants or players in day other than those permitted by law.
such games, races, or other sports contests, he shall, upon 2. Any person who, directly or indirectly, organizes
conviction, be punished by prision correccional in its cockfights at which bets are made in a day other than
maximum period and a fine of 2,000 pesos with subsidiary those permitted by law.
imprisonment in case of insolvency, at the discretion of the 3. Any person who, directly or indirectly, participates in
court. This penalty shall also be imposed when the cockfights, by betting money or other valuable things at a
offenders compose a syndicate of five or more persons. place other than a licensed cockpit.
4. Any person who, directly or indirectly, organizes
cockfights at which bets are made at a place other than
In case of any other offender, he shall, upon conviction, be a licensed cockpit.
punished by prision correccional in its medium period and a 5. Owner, manager or lessee of the cockpit who shall permit
fine of 1,000 pesos with subsidiary imprisonment in case of gambling of any kind on the premises of the cockpit or
insolvency at the discretion of the court. place of cockfighting during cockfights.
When the offender is an official or employee of any Cockfighting is allowed during:
government office or agency concerned with the 1. Sundays
2. Legal Holidays EXCEPT: The acts must be performed in a public place or within
a. Rizal Day public knowledge or view.
b. Independence Day
c. National Heroes Day Hence, distinction should be made as to the place where the
d. Holy Thursday offensive act was committed, whether in the public place or
e. Good Friday in a private place:
f. Election or Referendum Day 1. In public place, the criminal liability arises irrespective of
g. During the Registration days for election or whether the immoral act is open to the public view. In
referendum short public view is not required.
3. During local fiestas for not more than 3 days 2. When act offensive to decency is done in a private place,
4. During provincial, city or municipal, agricultural, public view or public knowledge is required.
commercial or industrial fair, carnival or exposition for a
similar period of three days. When the acts were performed in a private house and seen
by one person, the crime was not committed. This
CHAPTER TWO: OFFENSES AGAINST
circumstance does not constitute the degree of publicity
DECENCY AND GOOD CUSTOMS
(ARTS. 200-202)
which is an essential element of the crime.
ARTICLE 201
ARTICLE 200 IMMORAL DOCTRINES, OBSCENE
GRAVE SCANDAL PUBLICATIONS AND EXHIBITIONS,
AND INDECENT SHOWS
Elements:
1. That the offender performs an act or acts; Persons Liable:
2. That such act or acts be highly scandalous as offending 1. Those who shall publicly expound or proclaim doctrines
against decency or good customs; openly contrary to public morals.
3. That the highly scandalous conduct is not expressly falling 2. The authors of obscene literature, published with their
within any article of the RPC; and knowledge in any form; the editors publishing such
4. That the act or acts complained of be committed in a literature; and the owners/operators of the
public place or within the public knowledge or view. establishment selling the same.
The term public officers embraces every public servant There is no liability at all for a mere error in good faith.
from the highest to the lowest. For the purposes of the RPC,
it obliterates the standard distinction in the law of public There must be evidence that the judgment is unjust for it
officers between officer and employee. cannot be presumed and the judge knew that the judgment
is unjust. The Supreme Court must have declared the
Temporary performance of public functions by a laborer judgment as unjust in a certiorari, prohibition, or
makes him a public officer. administrative proceeding.
CHAPTER TWO: MALFEASANCE AND Art. 204 has no application to members of a collegiate court
MISFEASANCE IN OFFICE who reach their conclusions in consultation and accordingly
(ARTS. 204-212) render their collective judgment after due deliberation (In
Re: Laureta, G.R. No. 68635, May 14, 1987).
SECTION ONE: DERELICTION OF DUTY
ARTICLE 204
KNOWINGLY RENDERING Manifestly Unjust Judgment
UNJUST JUDGMENT It is so manifestly contrary to law, that even a person having
Elements: a meager knowledge of the law cannot doubt the injustice.
1. That the offender is a judge; Therefore, there is no need for a declaration by the
2. That he renders a judgment in a case submitted to him for Supreme Court that the same is unjust in order to result in
decision; conviction (Albert).
3. That the judgment is unjust; and
4. That the judge knows that his judgment is unjust. Abuse of discretion or mere error of judgment is NOT
punishable.
Judgment
It is the final consideration and determination of a court of ARTICLE 206
competent jurisdiction upon the matters submitted to it, in an UNJUST INTERLOCUTORY ORDER
action or proceeding.
Elements:
Unjust judgment 1. That the offender is a judge;
It is one which is contrary to law, or is not supported by 2. That he performs any of the following acts:
evidence, or both. a. Knowingly renders unjust interlocutory order or decree;
or
An unjust judgment is rendered knowingly when it is made b. Renders a manifestly unjust interlocutory order or
deliberately and maliciously. decree through inexcusable negligence or ignorance.
Test: Does it leave something to be done in the trial court The guilt of the offender is a prejudicial question to the
with respect to the merits of the case? If it does, it is liability of the officer charged under this provision.
interlocutory; if it does not, it is final.
Who Can Be Offenders in Art. 208?
Example: An order granting preliminary injunction or an 1. Public officer
order appointing a receiver is an interlocutory order. Officers of the prosecution department, whose duty is to
institute criminal proceedings for felonies upon being
ARTICLE 207 informed of their perpetration.
MALICIOUS DELAY IN THE ADMINISTRATION OF
JUSTICE 2. Officer of the law
Includes all those who, by reason of the position held by
Elements: them, are duty-bound to cause prosecution and
1. That the offender is a judge; punishment of offenders.
2. That there is a proceeding in his court;
3. That he delays the administration of justice; and The fiscal or the city attorney, as prosecuting officer, is
4. That the delay is malicious, that is, the delay is caused under no compulsion to file the corresponding information
by the judge with deliberate intent to inflict damage on based upon as complaint, where he is not convinced that
either party in the case. the evidence gathered or presented would warrant the filing
of an action in court.
Mere delay without malice is NOT a felony under this article.
Liability of public officer who, having the duty of prosecuting
the offender, harbored, concealed, or assisted in the escape
If the delay is NOT malicious, but committed through gross of the latter, is that of the principal in the crime of dereliction
negligence, the crime committed is that under RA 3019, of duty in the prosecution of offense.
Sec. 3(e).
ARTICLE 208 Note: Any person who solicits, accepts, or agrees to accept
PROSECUTION OF OFFENSES; NEGLIGENCE AND any benefit in consideration of abstaining from, discounting,
TOLERANCE or impeding the prosecution of a criminal offender is liable
under PD 1829.
Acts punished:
1. By maliciously refraining from instituting prosecution ARTICLE 209
against violators of the law. BETRAYAL OF TRUST BY AN
2. By maliciously tolerating the commission of a crime. ATTORNEY OR SOLICITOR
REVELATION OF SECRETS
Elements:
1. That the offender is a public officer or officer of the law Acts punished:
who has a duty to cause the prosecution of, or to 1. Causing damage to his client, either:
prosecute offenses; a. By any malicious breach of professional duty; or
2. That knowing the commission of the crime, he does not b. Inexcusable negligence or ignorance.
cause the prosecution of the criminal or knowing that a
crime is about to be committed he tolerates its If no damage is caused, attorney may be held
commission; and administratively or civilly liable.
3. That the offender acts with malice and deliberate intent to
favor the violator of the law. 2. Revealing any of the secrets of his client learned by him
in his professional capacity.
Negligence means neglect of the duties of his office by Damage is NOT necessary.
maliciously failing to move the prosecution and punishment 3. Undertaking the defense of the opposing party in the
of the delinquent. same case without the consent of his first client after
having undertaken the defense of said first client or after
having received confidential information from said
client. 3. That such offer or promise be accepted, or gift or present
received by the public officer
If the client consents to the attorneys taking the defense a. With a view to committing some crime; or
of the other party, there is no crime. b. In consideration of the execution of an act which does
not constitute a crime, but the act must be unjust; or
Procurador judicial c. To refrain from doing something which it is his official
A person who had some practical knowledge of law and duty to do;
procedure, but not a lawyer, and was permitted to represent 4. That the act which the offender agrees to perform or
a party in a case before an inferior court. which he executes be connected with the performance
of his official duties.
SECTION TWO: BRIBERY
ARTICLE 210
DIRECT BRIBERY The provisions of Art. 210 are made applicable to
assessors, arbitrators, appraisal and claim
Acts Punished: commissioners, experts or any other persons performing
1. By agreeing to perform, or by performing in consideration public duties (Art. 210, last par.).
of any offer, promise, gift or present, an act constituting a
crime, in connection with the performance of his official The act which the public officer agrees to perform must be
duties. connected with the performance of official duties.
The acceptance of the offer or promise is enough to For the purpose of punishing bribery, the temporary
consummate the crime. Absent such acceptance, only the performance of public functions is sufficient to constitute a
person making the offer or promise is liable for Attempted person a public officer.
Corruption of a Public Officer.
The thing offered or accepted may be money, property,
2. By accepting a gift in consideration of the execution of an services or anything else of value. It must have a value or
act which does not constitute a crime, in connection with be capable of pecuniary estimation (Reyes, p. 387).
the performance of his official duty.
ARTICLE 211
The gift must be accepted by the public officer. It may be INDIRECT BRIBERY
received by the public officer himself or through a third
person. Elements:
1. That the offender is a public officer;
If the offer is not accepted by the public officer, only the 2. That he accepts gifts; and
person offering the gift or present is criminally liable for 3. That the said gifts are offered to him by reason of his
attempted corruption of public officer under Article 212 in office.
relation to Article 6. The public officer is not liable.
Direct Bribery Indirect Bribery
The act must be unjust.
As to consideration
3. By agreeing to refrain, or by refraining, from doing In both crimes the public officer receives gift.
something which it is his official duty to do, in
consideration of a gift or promise. As to existence of agreement
There is an agreement No such agreement
The third form of direct bribery differs from prevaricacion between the public exists.
(Art. 208) in that in bribery, the offender refrained from officer and the giver of
doing his official duty in consideration of a gift received or gift or present.
promised. This element is not necessary in the crime of
prevaricacion.
It is considered indirect bribery even if there was a sort of an This article is concerned with the liability of the person who
agreement between public officer and giver of gift. shall have made the offers or promises or given the gifts to
the public officer.
Receiving of gifts by public officials and employees, and
giving of gifts by private persons, on any occasion, including The crime is attempted if the offer, promise, gift or present
Christmas is punishable. was refused and consummated if accepted.
This immunity may be enjoyed by such informant or witness Section 3. Corrupt Practices of Public Officials:
notwithstanding that he offered or gave the bribe or gift to The corrupt practices herein enumerated are in addition to
the public official or is an accomplice for such gift or bribe- acts or omissions of public officers already penalized by
giving. Provided, the following conditions concur: existing law.
1. The information must refer to consummated violations of 1. Persuading, inducing or influencing another public officer
any of the above-mentioned provisions of law, rules and to perform an act constituting a violation of rules and
regulations; regulations duly promulgated by competent authority or
2. The information and testimony are necessary for the an offense in connection with the official duties of the
conviction of the accused public officer; latter, or allowing himself to be persuaded, induced, or
3. Such information and testimony are not yet in the influenced to commit such violation or offense.
possession of the State;
4. Such information and testimony can be corroborated on
its material points; and Persons Liable:
5. The informant or witness has not been previously a. Public officer who persuades, induces, or influences
convicted of a crime involving moral turpitude (Sec1). another public officer.
b. Public officer who is persuaded, induced or
REPUBLIC ACT NO. 3019 influenced.
As amended by
RA 3047, PD 77, & BP 195 Requesting or receiving any gift, present, or benefit is
Anti-Graft and Corrupt Practices Act not required in this provision (Reyes, p.399).
Interest for personal gain shall be presumed against Exceptions to the provisions:
those public officers responsible for the approval of a. Any person who, prior to the assumption of office of any
manifestly unlawful, inequitable, or irregular of those officials to whom he is related, has been already
transactions or acts by the board, panel or group to dealing with the government along the same line of
which they belong. business, nor to any transaction, contract or application
already existing or pending at the time of such
10. Knowingly approving or granting any license, permit, assumption of public office.
privilege or benefit in favor of any person not qualified for b. Any application filed by him, the approval of which is not
or not legally entitled to such license, permit, privilege or discretionary on the part of the official or officials
advantage, or of a mere representative or dummy of one concerned but depends upon compliance with the
who is not qualified or entitled. requisites provided by law, or rules or regulations issued
pursuant to law.
Requesting or receiving any gift, present or benefit is c. Any act lawfully performed in an official capacity or in the
not required in this provision. exercise of a profession.
2. Knowingly inducing or causing any public official to Section 11. Prescription of offenses
commit any of the offenses defined in Section 3. 15 years prescriptive period of all offenses under the Act.
It is mandatory for the Court to place under preventive Section 2. Definition of the Crime of Plunder; Penalties
suspension a public officer accused before it. Imposition of Plunder
suspension, however, is not automatic or self-operative. A A crime committed by any public officer, by himself or in
pre-condition is the existence of a valid information, connivance with his family, relatives by affinity or
determined at a pre-suspension hearing. Once a proper consanguinity, business associates, subordinates or other
determination of the validity of the information has been persons, by amassing, accumulating or acquiring ill-gotten
made, it becomes the ministerial duty of the Court to issue wealth in the aggregate amount or total value of at least 50
the order of preventive suspension. (Segovia v. million pesos.
Sandiganbayan, G.R. No. 124067, March 27, 1998)
CHAPTER FOUR: MALVERSATION OF Nature of the duties of the public officer, not the name of the
PUBLIC FUNDS OR PROPERTY
office, is controlling.
(ARTS. 217-222)
Malversation may be committed by private individuals
ARTICLE 217 in the following cases:
MALVERSATION OF PUBLIC FUNDS OR PROPERTY 1. Those in conspiracy with public officers guilty of
PRESUMPTION OF MALVERSATION malversation.
2. Those who are accessory or accomplice to a public
Malversation is also called embezzlement (Reyes, The officer.
although no directevidence has been presented yet
The provisions of Article 217 shall apply to (1) private (Cabella v. Sandiganbayan, 197 SCRA 94 [1991]).
individuals who, in any capacity whatsoever, have charge
of national, provincial or municipal funds, revenues or ARTICLE 218
property, and to (2) any administrator or depositary of FAILURE OF ACCOUNTABLE OFFICER
funds or property attached or seized or deposited by TO RENDER ACCOUNTS
public authority.
Elements:
3. Custodian of public funds or property in whatever 1. That the offender is a public officer, whether in the service
capacity. or separated therefrom;
4. Depositary or administrator of public funds or property. 2. That he must be an accountable officer for public funds or
property;
Presumption 3. That he is required by law or regulation to render
When demand is made to the accountable officer to account accounts to the Commission on Audit, or to a provincial
for the funds and property and the same is not forthcoming, auditor; and
this shall be a prima facie evidence that he has put such 4. That he fails to do so for a period of two months after
missing funds or property to personal use. such accounts should be rendered.
The return of the funds malversed is only mitigating, not Demand for accounting is NOT necessary.
exempting circumstance.
It is NOT necessary that there be misappropriation. If there
Demand is NOT necessary in malversation. Damage to the is misappropriation, he would be liable also for malversation
government is also not necessary. under Art. 217.
The failure of a public officer to have duly forthcoming any ARTICLE 220
public funds or property with which he is chargeable, upon ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY
demand by any duly authorized officer, shall be prima facie
evidence that he has put such missing funds or property to Elements:
personal uses. 1. That the offender is a public officer;
2. That there is a public fund or property under his
Direct Evidence Not Required in Malversation administration;
Direct evidence is not necessary to prove malversation 3. That such public fund or property has been appropriated
because the law presumes that malversation was committed by law or ordinance; and
when after there has been complete, thorough and reliable 4. That he applies the same to a public use other than that
audit, there is a discrepancy in the funds or property. As for which such fund or property has been
such, when the officer cannot overthrow the presumption in appropriated by law or ordinance.
law, he may be held liable for malversation
The crime under this Article is also referred to as
TECHNICAL MALVERSATION. The word administrator does not include judicial
administrator appointed to administer the estate of a
The public funds or property must be appropriated by law or deceased person because he is not in charge of any
ordinance for a particular purpose. property attached, impounded, or placed in deposit by
public authority. Conversion of effects in his trust makes
Illegal Use of Public him liable for estafa.
Malversation
Funds or Property
Private property is included, provided it is attached,
The offenders are accountable public officers in both seized, or deposited by public authority.
crimes.
The offender does not The offender in certain CHAPTER FIVE: INFIDELITY OF PUBLIC
derive any personal gain cases profits from the OFFICERS
or profit. proceeds of the crime. (ARTS. 223-230)
It is NOT necessary that damage is suffered by the private There must be damage to the public interest or to a third
individual. The reason for this provision is to uphold faith and party.
trust in public service.
If the offender is a private individual, he may be held liable
CHAPTER SIX: OTHER OFFENSES OR for contempt.
IRREGULARITIES BY PUBLIC
OFFICERS ARTICLE 234
(ARTS. 231-245) REFUSAL TO DISCHARGE ELECTIVE OFFICE
ARTICLE 244
UNLAWFUL APPOINTMENTS The mother of the person in the custody of the offender is
NOT included.
Elements:
1. That the offender is a public officer; Solicit
2. That he nominates or appoints a person to a public office; Means to propose earnestly and persistently something
3. That such person lacks the legal qualifications therefor; unchaste and immoral to a woman.
and
4. That the offender knows that his nominee or appointee This crime is consummated by mere proposal. If the
lacks the qualification at the time he made the offender succeeds in committing a crime against chastity,
nomination or appointment. the solicitation and advances are considered merely as
preparatory acts.
The offense is committed by nominating or by appointing. Proof of solicitation is NOT necessary when there is sexual
Nominate is different from recommend. Recommending, intercourse.
knowing that the recommendee has no qualification, is not a
crime. Note: See also RA 7877, the Anti-Sexual Harassment Act
of 1995 which applies where the accused demands,
requests or otherwise requires any sexual favors from the G.R. No. L-47941, April 30, 1985).
victim in a work, education or training-related environment.
Legitimacy need NOT be alleged when the accused killed
his (1)father, (2) mother or (3) child.
TITLE EIGHT: CRIMES AGAINST However with respect to the other ascendant, descendant or
spouse, the relationship MUST be legitimate.
PERSONS
An adopted child is considered as a legitimate child BUT
SECTION ONE: PARRICIDE, MURDER, HOMICIDE since the relationship is exclusive between the adopter and
the adopted child, killing the parents of the adopter is
ARTICLE 246 not considered parricide of other (legitimate)
PARRICIDE ascendants.
No liability for less serious or slight physical injuries suffered Outraging (physical act)
by third persons during the commission of the act under this Means to commit an extremely vicious or deeply insulting
article act.
There is no such crime as frustrated homicide through When the quarrel is between a distinct group of individuals,
imprudence. one of whom was sufficiently identified as the principal
author of the killing, as against a common, particular victim,
ARTICLE 250 it is not a "tumultuous affray" within the meaning of Art. 251
PENALTY FOR FRUSTRATED PARRICIDE, MURDER, of the RPC (People vs. Unlagada,
OR HOMICIDE G.R. No. 141080, September 17, 2002). In such a case, the
crime committed is homicide under Art. 249.
Courts may impose a penalty two degrees lower for
frustrated parricide, murder or homicide. The victim may be a participant or non-participant thereof.
Courts may impose a penalty three degrees lower for ARTICLE 252
attempted parricide, murder or homicide. PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS
AFFRAY
This provision is permissive, NOT MANDATORY.
Elements:
An attempt on or conspiracy against the life of the Chief 1. That there is a tumultuous affray as referred to in Art. 251;
Executive, member of his family, any member of his cabinet 2. That a participant or some participants thereof suffer
or members of latters family is punishable by death (PD serious physical injuries or physical injuries of a less
1110-A). serious nature only;
3. That the person responsible therefor cannot be identified;
ARTICLE 251 and
DEATH CAUSED IN A TUMULTUOUS AFFRAY 4. That all those who appear to have used violence upon the
person of the offended party are known.
Elements:
1. That there be several persons;
2. That they did not compose groups organized for the Injured/victim must be a participant in the affray.
Only those who used violence are punished, because if the The crime is discharge of firearm even if the gun was not
one who caused the physical injuries is known, he will be pointed at the offended party when it was fired, as long as it
liable for the physical injuries actually committed, and not was initially aimed by the accused at or against the offended
under this article. party.
ARTICLE 253 If the firearm was not aimed against or at another person,
GIVING ASSISTANCE TO SUICIDE the crime committed is alarms and scandals.
A doctor who resorted to euthanasia may be held liable for No crime of infanticide is committed if the child has been
murder under Art. 248 since euthanasia is not giving dead or if, although born alive, it could not sustain an
assistance to suicide BUT doing the killing himself. independent life when it was killed.
In euthanasia, the person killed does not want to die. Father or mother or other legitimate ascendant who kills a
child less than three days old shall suffer the penalty for
ARTICLE 254 parricide.
DISCHARGE OF FIREARMS
Other person who kills or who cooperates with the mother or
Elements: maternal grandparent in killing a child less than three days
1. That the offender discharges a firearm against or at old will suffer the penalty for murder.
another person; and
2. That the offender has no intention to kill that person. Only the mother and the maternal grandparents of the child
are entitled to the mitigating circumstance of concealing the
It is not applicable to police officers in the performance of dishonor.
their duties.
The delinquent mother who claims concealing dishonor
The PURPOSE of the offender is only to intimidate or must be of good reputation and good morals.
frighten the offended party.
Treachery is inherent in infanticide.
If in the discharge of firearm, the offended party is hit and
wounded, there is a complex crime of discharge of firearm
with serious or less serious physical injuries; BUT if only
slight physical injuries were inflicted, there is no complex
crime (BUT two separate crimes) since such physical
injuries constitutes a light felony.
ARTICLE 256
INTENTIONAL ABORTION If there is no intention to cause abortion and no violence,
there is no abortion of any kind.
Intentional abortion
Willful killing of the fetus in the uterus or the violent ARTICLE 257
expulsion of the fetus from the maternal womb which results UNINTENTIONAL ABORTION
in the death of the fetus.
Elements:
Ways of Committing Intentional Abortion: 1. That there is a pregnant woman;
1. By using any violence upon the person of the pregnant 2. That violence is used upon such pregnant woman
woman; without intending an abortion;
2. By acting, without using violence and without the 3. That the violence is intentionally exerted; and
consent of the woman (by administering drugs or 4. That as a result of the violence, the fetus dies, either in
beverages upon such pregnant woman without her the womb or after having been expelled therefrom.
consent; and
3. By acting, with the consent of the pregnant woman, by Violence refers to actual physical force.
administering drugs or beverages.
CONFLICTING VIEWS: The offender must have known of
Elements: the womans pregnancy (People v. Carnaso, C.A., 61 OG
1. That there is a pregnant woman; 3623) However, in US v. Jeffrey (GR No. 5597, March 5,
2. That violence is exerted, or drugs or beverages 1910), it was ruled that knowledge of such pregnancy was
administered, or that the accused otherwise acts upon not necessary.
such pregnant woman;
3. That as a result of the use of violence or drugs or In the case of People vs. Salufrania (G.R. No. L-50884
beverages upon her, or any other act of the accused, the March 30, 1988), the Supreme Court ruled that despite
fetus dies, either in the womb or after having been knowledge of the accused of his wifes pregnancy, the intent
expelled therefrom; and to cause the abortion has not been sufficiently established,
4. That the abortion is intended. thus, the accused is only liable for the complex crime of
parricide (for the death of wife) with unintentional abortion
Person liable in Intentional Abortion: (for the death of the fetus in the mothers womb).
1. The person who intentionally caused the abortion under
Art. 256.
2. The pregnant woman if she consented under Art. 258. If grave threats were made to cause abortion, a complex
crime of grave threats and intentional abortion is committed.
As long as the fetus dies as a result of the violence used or If light threats were made, two separate crimes of light
the drugs administered, the crime of abortion exists, even if threats and intentional abortion are committed.
the fetus is over or less than 6 months, or is full term.
Note: Intentionally depriving the victim of the Loss of power to hear must be of both ears; if one ear
reproductive organ does not necessarily involve the only, such injury falls under paragraph
cutting off of the organ or any part thereof. It suffices that
it is rendered useless. Loss of use of hand or incapacity for usual work must be
permanent.
2. By intentionally making other mutilation, that is, by
lopping or clipping off any part of the body of the 3. When the person injured
offended party, other than the essential organ for a. Becomes deformed, or
reproduction, to deprive him of that part of the body b. Loses any other member of his body, or
(mayhem). c. Loses the use thereof, or
d. Becomes ill or incapacitated for the performance of
The law looks NOT only to the result but also to the the work in which he was habitually engaged for more
intention or purpose of the act. Mutilation is always than 90 days, in consequence of the physical injuries
intentional. inflicted.
The intention of the offender to deprive the victim of the In paragraphs 2 and 3, the offended party must have a
body part whether by castration or mayhem is essential vocation or work at the time of the injury.
and must thus exist in either case.
4. When the injured person becomes ill or incapacitated for
Cruelty, as understood in Art 14 (21), is inherent in labor for more than 30 days (but must not be more than
mutilation and, in fact, that is the only felony where the 90 days), as a result of the physical injuries inflicted.
said circumstance is an integral part and is absorbed 30 days < X 90 days
therein. If the victim dies, the crime is murder qualified
by cruelty, but the offender may still claim and prove
Paragraph 4 speaks of incapacity for any kind of labor. A scar produced by an injury constitutes deformity
within the meaning of paragraph 3 of this article.
Work If the accused did not know of the injurious nature of the
Includes studies or preparation for a profession. substances he administered, he shall not be liable under this
Aricle.
Requisites of deformity: Art. 264 does not apply when the physical injuries that result
1. Physical ugliness; are less serious or light, they will be treated under Art. 265
2. Permanent and definite abnormality; and or 266, as the case may be.
3. Must be conspicuous and visible.
ARTICLE 265
The injury to cause deformity is one that cannot be LESS SERIOUS PHYSICAL INJURIES
replaced by nature.
Elements:
1. The offended party is incapacitated for labor for 10
days or more but not more than 30 days, or needs without causing a dishonor.
medical attendance for the same period; and
10 days X 30 days When there is no evidence of actual injury, it is only slight
2. The physical injuries must not be those described in the physical injuries.
preceding articles.
Supervening event converting the crime into serious
Qualified Less Serious Physical Injuries: physical injuries after the filing of the information for slight
1. A fine not exceeding P500, in addition to arresto mayor, physical injuries can still be the subject of a new charge.
shall be imposed for less serious physical injuries when:
a. There is manifest intent to insult or offend the injured If physical injuries were inflicted with an intent to insult or
person; or humiliate the injured person, the intent to insult or humiliate
b. There are circumstances adding ignominy to the shall be:
offense.
1. A higher penalty is imposed when the victim is either: Considered as an aggravating circumstance of ignominy in
a. The offenders parent, ascendant, guardian, curator or case of serious physical injuries.
teacher; or
b. Persons of rank or persons in authority, provided the Considered in increasing the penalty and qualifying the
crime is not direct assault. crime in case of less serious physical injuries.
2. By any person who, under any of the circumstances In Statutory Rape (when the girl is under 12 years of age),
mentioned in paragraph 1, shall commit an act of sexual the offenders knowledge of the victims age is
assault by inserting his penis into another persons IMMATERIAL.
mouth or anal orifice, or any instrument or object, into
the genital or anal orifice of another person. When the girl is under 12 years of age, rape is committed
although she consented to the sexual act or even if the girl
is a prostitute. The law does not consider that kind of
Elements: consent as voluntary, as the offended party under 12 years
a. That the offender commits an act of sexual assault; of age cannot have a will of her own.
b. That the act of sexual assault is committed by any of
the following means: If the offended woman is below 12 years of age, it is always
i. By inserting his penis into another persons rape. Her mental, and not only the chronological age is
mouth or anal orifice; or considered. Thus, it is still rape if the woman is 13 years old
ii. By inserting any instrument or object into the with a mental capacity of a 5 year old. Furthermore, the
genital or anal orifice of another person. amendatory law has added the more glaring and
c. That the act of sexual assault is accomplished under unfortunate situation of a demented girl. Example: 31 year
any of the circumstances enumerated under the first old mental retardate with the mental capacity of a 5-year-old
act of committing rape. (People vs. Manlapaz, G.R. No. L-41819, Feb. 28, 1978).
ARTICLE 270
When the victim is female, the detention is under Art 267; KIDNAPPING & FAILURE TO RETURN A MINOR
voluntary release is not mitigating there.
Elements: (EF)
Liability of accomplice in Slight Illegal Detention 1. That the offender is entrusted with the custody of a minor
The same penalty of reclusion temporal shall be incurred by person (less than 18 years old); this is the essential
anyone who shall furnish the place for the perpetration of element
the crime. His participation is raised to that of a real co- 2. That he deliberately fails to restore the said minor to his
principal. If the crime is under Article 267, he is a mere parents or guardian;
accomplice unless there was conspiracy.
ARTICLE 269 This may also be committed by the mother or father of the
UNLAWFUL ARREST child. When committed by either parent, penalty is only
arresto mayor.
Elements:
1. That the offender arrests or detains another person; Kidnapping and failure to return a minor (Art. 270) is
2. That the purpose of the offender is to deliver him to the necessarily included in Kidnapping and Serious Illegal
proper authorities; and Detention of Minor (Par. 4 of Art. 267), but what
3. That the arrest or detention is unauthorized by law or differentiates them are the following:
there is no reasonable ground therefor.
Kidnapping and Kidnapping and
The offender is any person, whether a public officer or a Serious Illegal Failure to Return a
private individual. However, the public officer must not be Detention of Minors Minor
vested with the authority to arrest or detain a person or
must not act in his official capacity. Otherwise, Art. 124 is Offender is not Offender is entrusted
applicable and not Art. 269. entrusted with the with the custody of the
custody of the victim. minor.
Unlawful Arrest Other Illegal Detention What is punished is the What is punished is the
Illegal detaining or deliberate failure of the
Purpose of locking up or kidnapping of the offender having the
detaining the victim is to minor. custody of the minor to
deliver him to the proper Any other case. restore him to his
authorities, and parents or guardian.
develops to be unlawful.
ARTICLE 271 INDUCING
No period of detention is fixed by law under Art. 269 but the A MINOR TO ABANDON
motive of the offender is controlling. HIS HOME
Elements:
Delay in the Delivery of Unlawful Arrest
1. That a minor (less than 18 years old) is living in the
Detained Persons
home of his parents or guardian or the person entrusted
Detention is for some legal Detention is not with his custody; and
ground authorized by law 2. That the offender induces said minor to abandon such
home.
Committed by
Committed by failing to
making an arrest
deliver such person to the Inducement must be (a) actual, (b) committed with criminal
not authorized by
proper judicial authority within intent and (c) determined by a will to cause damage.
law
a certain period
The crime committed may be exploitation of minors
depending on the purpose of the inducement.
To induce ARTICLE 274
Means to influence; to prevail on; to move by persuasion; or SERVICES RENDERED UNDER
to incite by motives. COMPULSION IN PAYMENT OF DEBT
Father or mother may commit crimes under Arts. 270 & 271 Elements:
where they are living separately and the custody of the 1. That the offender compels a debtor to work for him,
minor children has been given to one of them. either as household servant or farm laborer;
2. That it is against the debtors will; and
It is not necessary that the minor actually abandons the 3. That the purpose is to require or enforce the payment of
home. a debt.
The minor should not leave his home on his own free will Note: Creditor-Debtor relationship between the offender
(People v. Ricarte C.A. 49 O.G. 974). and the offended party must exist, otherwise, the crime
committed is coercion.
SECTION THREE:
SLAVERY AND SERVITUDE There is no violation of this article if a debtor is compelled to
work as an office janitor because this article specifically
ARTICLE 272 provides that the debtor is compelled to work as a
SLAVERY household servant or farm laborer (Reyes, The Revised
Penal Code Book II, 17th ed., 2008 p. 597).
Elements:
1. That the offender purchases, sells, kidnaps or detains a Services Rendered
human being; and Exploitation of Child
under Compulsion in
2. That the purpose of the offender is to enslave such Labor
Payment of Debt
human being.
Victim is a minor Does not distinguish
Qualifying circumstance: When the purpose of the whether the victim is a
offender is to assign the offended party to some immoral minor or not
traffic. Minor is compelled to Debtor himself is the
render services for the one compelled to work
If the victim is female, the crime committed may be that supposed debt of his for the offender.
under Art. 341 or white slave trade. parent or guardian.
Service of minor is not Limited to household
The purpose must be determined, if the purpose is to
limited to household and farm work.
enslave the victim, it is slavery; otherwise, it is kidnapping or
and farm work.
illegal detention.
If in other capacities,
crime committed may
ARTICLE 273
be coercion.
EXPLOITATION OF CHILD LABOR
Elements:
1. That the offender retains a minor in his service; CHAPTER TWO: CRIMES AGAINST
SECURITY
2. That it is against the will of the minor; and
(ARTS. 275-289)
3. That it is under pretext of reimbursing himself of a debt
incurred by an ascendant, guardian or person entrusted
with the custody of such minor. SECTION ONE: ABANDONMENT OF HELPLESS
PERSONS AND EXPLOITATION OF MINORS
Note the phrase against the (minors) latters will; hence, if
the minor consents to the offenders retaining his services, ARTICLE 275
there is no violation of this article. ABANDONMENT OF PERSONS IN DANGER AND
ABANDONMENT OF ONES OWN VICTIM
Acts punished:
1. By failing to render assistance to any person whom the
offender finds in an uninhabited place wounded or in to crimes against persons, and not to crimes against
danger of dying when he can render such assistance security, particularly the crime of abandoning a minor under
without detriment to himself, unless such omission shall Art. 176.
constitute a more serious offense.
If the intent in abandoning the child is to lose its civil status,
Elements: the crime under Art. 347 (concealment or abandonment of a
a. The place is uninhabited; legitimate child) is committed.
b. The accused found there a person wounded or in
danger of dying; Circumstances Qualifying the Offense:
c. The accused can render assistance without 1. When the death of the minor resulted from such
detriment to himself; and abandonment; or
d. The accused fails to render assistance. 2. If the life of the minor was in danger because of the
abandonment.
2. By failing to help or render assistance to another whom
the offender has accidentally wounded or injured. The act must be conscious and deliberate such that the
abandonment deprives the child of the care and protection
from danger to his person.
3. By failing to deliver a child under seven years of age
whom the offender has found abandoned, to the ARTICLE 277
authorities or to his family, or by failing to take him to a ABANDONMENT OF MINOR ENTRUSTED WITH HIS
safe place. CUSTODY;
INDIFFERENCE OF PARENTS
The child under seven years of age must be found in an Elements of Abandonment of Minor:
unsafe place. 1.That the offender has charge of the rearing or
education of a minor;
It is immaterial that the offender did not know that the child 2.That he delivers said minor to a public institution or
is under seven years. other persons and;
3.That the one who entrusted such child to the
ARTICLE 276 offender has not consented to such act, or if the
ABANDONING A MINOR one who entrusted such child to the offender is
absent, the proper authorities have not consented to
Elements: it.
1. That the offender has the custody of a child;
2. That the child is under seven years of age; 2. By neglecting his (offenders) children by not giving them
3. That he abandons such child; and the education which their station in life requires and
4. That he has no intent to kill the child when the latter is financial condition permits.
abandoned.
Elements of Indifference of Parents:
If there is intent to kill and the child dies, the crime would be 1. That the offender is a parent;
murder, parricide, or infanticide, as the case may be. If the 2. That he neglects his children by not giving them
child does not die, it is attempted or frustrated murder, education;
parricide or infanticide, as the case may be. 3. That his station in life requires such education and his
financial condition permits it.
Intent to kill cannot be presumed from the death of the child.
The ruling that intent to kill is conclusively presumed from Failure to give education must be due to deliberate desire to
the death of the victim of the crime is applicable only evade such obligation.
mentioned in paragraph two, or to accompany any
The "neglect of child" punished under Art. 59(4) of PD 603 is habitual vagrant or beggar, the offender being any
also a crime (known as "indifference of parents") penalized person.
under the second paragraph of Art. 277 of the RPC (De
Guzman v. Perez, et al. G.R. No. 156013, July 25, 2006). Must be of such nature as to endanger the life or safety of
The detention is illegal when not ordered by competent the minor.
authority or not permitted by law.
Qualifying Circumstance: Delivery of the child is made in
consideration of any price, compensation or promise.
Abandonment of
Minor by Persons Abandonment of Inducing A Minor to
Exploitation of Minors
Entrusted with Minor Abandon his Home
(Art 278, par. 5)
Custody (Art. 271)
The purpose of inducing No such purpose.
The custody of the The custody of the the minor to abandon
offender is specific, that offender is stated in the home is to follow
is, the custody for the general. any person engaged in
rearing or education of any of the callings
the minor. mentioned.
Minor is under 18 years Minor is under 7 years Victim is under 16 years Victim is a minor (under
of age. of age. of age. 18 years of age).
Minor is delivered to a Minor is abandoned in
public institution or such a way as to
other person. deprive him of the care R.A. 7610 punishes abuse, exploitation and discrimination
and protection that his of minors
tender years need.
ARTICLE 279
ADDITIONAL PENALTIES FOR
ARTICLE 278
OTHER OFFENSES
EXPLOITATION OF MINORS
Imposition of the penalties prescribed in the preceding
Acts Punished:
articles (Art 275-278) shall not prevent the imposition upon
1. Causing any boy or girl under 16 years of age to perform
the same person of the penalty provided for any other
any dangerous feat of balancing, physical strength, or
felonies defined and punished under the RPC.
contortion, the offender being any person.
2. Employing children under 16 years of age who are not
SECTION TWO: TRESPASS TO DWELLING
children or descendants of the offender in exhibitions of
acrobat, gymnast, rope-walker, diver, or wild animal
ARTICLE 280
tamer, the offender being an acrobat, etc., or circus
QUALIFIED TRESPASS TO DWELLING
manager or engaged in a similar calling.
3. Employing any descendant under 12 years of age in
Elements:
dangerous exhibitions enumerated in the next preceding
1. That the offender is a private person;
paragraph, the offender being engaged in any of said
2. That he enters the dwelling of another;
callings.
3. That such entrance is against the will of the owner or
4. Delivering a child under 16 years of age gratuitously to
occupant.
any person following any calling enumerated in
paragraph two, or to any habitual vagrant or beggar, the
Rationale: To protect and preserve by law the privacy of
offender being an ascendant, guardian, teacher, or
ones dwelling.
person entrusted in any capacity with the care of such
child.
Qualifying Circumstance: If committed by means of
5. Inducing any child under 16 years of age to abandon the
violence/intimidation.
home of its ascendants, guardians, curators or teachers
to follow any person engaged in any calling
Simple Trespass to Qualified Trespass to another crime HOWEVER, if there is no overt act of crime
Dwelling Dwelling intended to be done, what is committed is trespass to
Offender enters the Offender enters the dwelling.
dwelling of another and dwelling of another
the entrance is against against the latters will Trespass may be committed by the owner of a dwelling (i.e.
the latters will. and the offense is lessor enters the house leased to another against the latter's
committed by means of will).
violence or intimidation.
If the offender is a public officer or employee, the crime
committed is violation of domicile.
Dwelling place
Means any building or structure exclusively devoted for rest
Cases to which the provision of this article is NOT
and comfort. It is not necessary that it be the permanent
dwelling of the person. applicable:
1. If the entrance to anothers dwelling is made for the
Determining factor of whether a building is a dwelling purpose of preventing some serious harm to himself,
depends upon the use to which it is put. the occupants of the dwelling or a third person.
2. If the purpose is to render some service to humanity or
In general, all members of a household must be presumed justice.
to have authority to extend an invitation to enter the house. 3. If the place where entrance is made is a caf, tavern, inn
and other public house, while the same are open.
Prohibition must be in existence prior to or at the time of Offender is a private The offender is any
entrance. person. person.
Prohibition is not necessary when violence or intimidation is Offender enters a Offender enters closed
employed by the offender (qualified trespass). dwelling house. premises or fenced
estate.
Violence/Intimidation may be the method by which one may Place entered is Place entered is
pass the threshold of the dwelling of another or the conduct inhabited. uninhabited.
immediately after the entrance of the offender.
Note: Blackmailing may be punished under Art. 283. Where the threats are directed to a person who is absent
and uttered in a temporary fit of anger, the offense is only
ARTICLE 284 other light threats.
BOND FOR GOOD BEHAVIOR
Grave Threats and
When a person is required to give bail bond: Other Light Threats
Light Threats
1. When he threatens another under the circumstances
mentioned in Art. 282. No demand for money. In certain cases,
2. When he threatens another under the circumstances demand for money is
mentioned in Art. 283. material.
No condition imposed. In certain cases,
Bond to Keep the Bond for a Good imposed condition is
Peace Behavior material.
Provides for bond to Provides for bond for Threat is not Threat is deliberate.
keep the peace. good behavior. deliberate.
Not made applicable to Applicable only to
any particular case. cases of grave threats ARTICLE 286
and light threats. GRAVE COERCION
It is a distinct penalty. It is an additional
Two Ways of Committing Grave Coercion:
penalty.
1. By preventing another by means of violence, threats or
intimidation, from doing something not prohibited by law
(Preventive).
Under Art. 143: When a person prevents the meeting of a Grave Coercion Illegal Detention
legislative assembly.
Intent to deprive the Intent to deprive is
Under Art. 145: When a person prevents a member of offended party of his present.
Congress from attending meetings, expressing his opinions liberty is not clear (i.e.
or casting his vote through the use of force or intimidation. may freely leave the
house but is compelled
Under Article 287: When the violence is employed to seize to return).
anything belonging to the debtor of the offender.
Maltreatment of
In grave coercion, the act of preventing by force must be Grave Coercion
Prisoners
made at the time the offended party was doing or about to
do the act to be prevented. If the act was already done If the offended party is If the offended party is
when violence is exerted, the crime is unjust vexation. not a prisoner, a prisoner, extracting
(People vs. Madrid, C.A., 53 O.G. 711) extracting information information using force
using force or or intimidation is
intimidation is coercion. maltreatment.
When COMPELLING is not considered Coercion: Under
Art. 127: When a public officer compels a person to change There is no grave coercion where the accused acted in
his residence. good faith in the performance of his duty.
Under Art. 267: When a person kidnaps his debtor to Coercion is always consummated even if the offended party
compel him to pay. did not accede to the purpose of the coercion.
Acts Punished:
1. Forcing or compelling, directly or indirectly, or knowingly The act should not be a more serious offense.
permitting the forcing or compelling of the laborer or
employee of the offender to purchase merchandise or Peaceful picketing is allowed. When the picketers employ
commodities of any kind from him violence or if they make threats, they shall be held liable for
coercion.
Elements:
a. That the offender is any person, agent or officer of Preventing employee from joining any registered labor
any association or corporation; organization is punished under the Labor Code, not under
b. That he or such firm or corporation has employed the RPC.
laborers or employees; and
c. That he forces or compels, directly or indirectly, or CHAPTER THREE: DISCOVERY AND
knowingly permits to be forced or compelled, any of REVELATION OF SECRETS
his or its laborers or employees to purchase (ARTS. 290-292)
merchandise or commodities of any kind from him
or from said firm or corporation.
ARTICLE 290
2. Paying the wages due his laborer or employee by means DISCOVERING SECRETS THROUGH
of tokens or objects other than the legal tender currency SEIZURE OF CORRESPONDENCE
of the Philippines, unless expressly requested by such
laborer or employee. Elements:
1. That the offender is a private individual or even a public
Elements: officer not in the exercise of his official function;
a. That the offender pays the wages due a laborer or 2. That he seizes the papers or letters of another;
employee employed by him by means of tokens or 3. That the purpose is to discover the secrets of such other
objects; person; and
b. That those tokens or objects are other than the legal 4. That the offender is informed of the contents of the
tender currency of the Philippines; and papers or letters seized.
c. That such employee or laborer does not expressly
request that he be paid by means of tokens or
objects.
Seize ARTICLE 291
To place in the control of someone a thing or to give him the REVEALING SECRETS WITH
possession thereof. It is not necessary that in the act, there ABUSE OF OFFICE
should be force or violence.
Elements:
Qualifying Circumstance: Offender reveals the contents of 1. That the offender is a manager, employee or servant;
such paper or letter of another to a third person. 2. That he learns the secrets of his principal or master in
such capacity;
Prejudice is not an element of this offense. 3. That he reveals such secrets.
There must be taking possession of papers or letters of
another even for a short time. Secrets must be learned by reason of their employment.
Damage is not necessary.
If the purpose of seizure is to cause damage, estafa is
committed. ARTICLE 292 REVELATION
If the purpose is to harass or annoy, the crime is unjust OF INDUSTRIAL SECRETS
vexation.
Elements:
1. That the offender is a person in charge, employee or
Public Officer workman of a manufacturing or industrial
Seizure of establishment;
Revealing Secrets of
Private Individual Correspondence 2. That the manufacturing/industrial establishment has a
secret of the industry which the offender has learned;
Public officer comes to Private individual
3. That the offender reveals such secrets;
know the secret of any seizes the papers or
4. That prejudice is caused to the owner.
private individual by letters of another.
reason of his office.
Secrets must relate to manufacturing process.
The secret is not It is necessary that the
necessarily contained offender seizes the Prejudice is an essential element in this offense because
in papers or letters. papers or letters of Article 292 says to the prejudice of the owner thereof.
another to discover the
secret of the latter. TITLE TEN: CRIMES AGAINST
Reveals the secret It is not necessary that PROPERTY
without justifiable there by a secret, and
reason. if there is a secret ARTICLE 293
discovered, it is not WHO ARE GUILTY OF ROBBERY
necessary that it be
revealed. Robbery
Act punished is the Act punished is the It is the taking of personal property belonging to another,
revelation of secrets by seizure of with intent to gain, by means of violence against, or
the officer by reason of correspondence so as intimidation of any person, or using force upon anything.
his office. to discover the secrets
of the offended party. Classification of Robbery:
1. Robbery with violence against, or intimidation of persons
(Arts. 294, 297 and 298).
Article 290 NOT applicable to:
2. Robbery by use of force upon things (Arts. 299 and 302).
1. Parents, guardians, or persons entrusted with the
custody of minors with respect to the papers or letters of
the children or minors placed under their care or Elements of Robbery in general:
custody; 1. That there be personal property (bienes muebles)
2. Spouses with respect to the papers or letters of either of belonging to another;
them. 2. That there is unlawful taking (apoderamiento or
asportacion) of that property;
3. That the taking must be with intent to gain (animus
lucrandi); and
4. That there is violence against or intimidation of any Thus, if the property turns out to be the offenders own
person or force used upon things. property, an impossible crime is committed.
If there was no intent to gain, estafa or coercion may be
Personal property committed.
As long as the personal property does not belong to the Violence or Intimidation
accused who has a valid claim thereover, it is immaterial Must be present BEFORE the taking of personal property is
whether said offender stole it from the owner, a mere complete. But when the violence results in homicide, rape,
possessor, or even a thief of the property. intentional mutilation or any of the serious physical injuries
penalized in Par. 1 and 2 of Art 263, the taking of the
The property taken must be personal property, for if real personal property is robbery complexed with any of those
property is occupied or real right is usurped by means of crimes under Art. 294, even if the taking was already
violence against or intimidation of persons, the crime is complete when the violence was used by the offender.
usurpation (Reyes, p. 653).
Classification of personal property under the Civil Code Art. 294 applies only where robbery with violence against or
does not apply. The test is whether or not the object is intimidation of persons takes place without entering an
susceptible of appropriation and transportation (Regalado). inhabited house under the circumstances in Art. 299. When
both circumstances are present, the offense shall be
considered as a complex crime under Art. 48, and the
Prohibited articles may be the subject matter of robbery. penalty shall be for the graver offense in the maximum
period (Napolis v. CA, No. L- 28865, Feb 28, 1972).
Unlawful taking
1. Unlawful taking means appropriating a thing belonging to If it is the owner who forcibly takes the personalty from its
another and placing it under one's control or possession. lawful possessor, the crime is estafa under Art. 316(3) since
2. Unlawful taking is COMPLETE: the former cannot commit robbery on his own property even
a. Robbery with violence against or intimidation of if he uses violence or intimidation.
persons offender has already the possession of the
thing even if he has no opportunity to dispose of it. Whenever violence against or intimidation of any person is
b. Robbery with force upon things the thing must be used, the taking of personal property is always robbery. If
brought outside the building for consummated robbery there is no violence or intimidation, but only force upon
to be committed. things, the taking is robbery only if the force is used either to
enter the building or to break doors, wardrobes, chests, or
any other kind of locked or sealed furniture or receptacle
inside the building or to force them open outside after taking
Intent to gain the same from the building.
Intent to gain is presumed from the unlawful taking of
personal property. In the absence of this element, the crime committed is theft.
All the robbers may be held liable for robbery with rape Simple Robbery
even if not all of them committed the crime of rape based on Par. 5 is known as simple robbery because they only
the concept of conspiracy. (People vs. Balacanao, involve slight or less serious physical injuries, which are
G.R. No. 118133, February 28, 2003) absorbed in the crime of robbery as an element thereof.
Par 1 of this article also applies even if the victim of the Violence or intimidation may enter at any time before the
rape committed by the accused was herself a member of owner is finally deprived of his property. This is so because
the gang of robbers. asportation is a complex fact, a whole divisible into parts, a
series of acts, in the course of which personal violence or
Note: There is no crime of Robbery with Multiple Homicide intimidation may be injected.
or Robbery with Multiple Counts of Rape. Although there be
more than one instance of homicide/murder or rape, they
shall be considered as embraced under one special Threats to Extort Robbery thru
complex crime of either Robbery with Homicide or Robbery Money Intimidation
with Rape.
Intimidation is Intimidation is actual
Neither shall the additional rape/s or homicide/s be conditional or future. and immediate.
considered aggravating. Unless and until a law is passed Intimidation may be Intimidation is personal.
providing that the additional rape/s (or homicide/s) may be through an intermediary.
considered aggravating, the Court must construe the penal
law in favor of the offender as no person may be brought Intimidation may refer to Intimidation is directed
within its terms if he is not clearly made so by the statute person, honor or only to the person of the
(People vs. Sultan, G. R. No. 132470, April, 27, 2000). property of the offended victim.
party or of his family.
The gain of the culprit is The gain of the culprit is subdivision 1 of Art. 263 (Par. 2), despoblado and cuadrilla
not immediate. immediate. will each be considered only as a generic aggravating
circumstance.
Homicide under this article is also used in its generic Art. 298 is not applicable if the document is void (Reyes, p.
sense to include any other unlawful killing. However, if the 698).
killing legally constituted murder or parricide, the offense will
continue to be covered by Art. 297 with the technical name SECTION TWO: ROBBERY WITH THE USE OF FORCE
stated therein, but the penalty shall be for murder or UPON THINGS
parricide because Art. 297 states, unless the homicide
(killing) committed shall deserve a higher penalty under this ARTICLE 299
Code. ROBBERY IN AN INHABITED HOUSE/PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP
The penalty is the same whether the robbery is attempted or
frustrated. Elements: (Subdivision A)
1. The offender entered
If homicide is not consummated, the crimes of robbery and a. an inhabited house;
attempted or frustrated homicide: b. a public building; or
1. May be complexed (Article 48); or c. an edifice devoted to religious worship;
2. Considered as separate crimes; or 2. The entrance was effected by any of the following means:
3. Considered as one crime, one absorbing the other. a. Through an opening not intended for entrance or
egress; or
If physical injuries were inflicted on the victim, but no b. By breaking any wall, roof, floor, door, or window; or
intent to kill was proved and the victim did not die, the c. By using false keys, picklocks or similar tools; or
liability of the offender may be as follows: d. By using any fictitious name or pretending the exercise
1. If the physical injuries were by reason of the attempted or of public authority.
frustrated robbery as the means for the commission of the 3. That once inside the building, the offender took
latter, the injuries are absorbed by the latter and the crime personal property belonging to another with intent to gain.
shall only be attempted or frustrated robbery.
2. If the physical injuries were inflicted only on the
occasion of the aborted robbery but not employed as a
means of committing the latter, these will be separate Any of the four means described in subdivision (a) of Art.
crimes of attempted or frustrated robbery and physical 299 must be resorted to by the offender TO ENTER a
injuries. house, not to get out.
3. If both killing and physical injuries were committed on
that occasion, the crime will be penalized in accordance The wall broken must be an outside wall, not a wall between
with Art. 297 but the physical injuries will be absorbed. rooms in a house or building, because the breaking of a wall
must be for the purpose of entering.
When the offense committed is attempted or frustrated
robbery with serious physical injuries, Art. 48 is applicable, But if a room is occupied by a person as his separate
since the felony would fall neither under Art. 294 which dwelling, the breaking of the rooms wall may give rise to
covers consummated robbery with homicide nor under Art. robbery.
297 which covers attempted or frustrated robbery with
homicide. However, for Art. 48 to apply, serious physical
False keys Violence or Intimidation of Persons (Art. 295) which is
Genuine keys stolen from the owner or any keys other than committed in an uninhabited place OR by a band.
those intended by the owner for use in the lock forcibly
opened by the offender. ARTICLE 301
WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING
The genuine key must be stolen, not taken by force or OR BUILDING DEDICATED TO RELIGIOUS WORSHIP
intimidation from the owner. AND THEIR DEPENDENCIES
The whole body of the culprit must be inside the building to Dependencies of an inhabited house, public building or
constitute entering. building dedicated to religious worship
All interior courts, corrals, warehouses, granaries, barns,
Not every physical force exerted by the offender is covered coachhouses, stables, or other departments or enclosed
by Art. 299, hence breaking store windows to steal places
something but without entry, is only theft. 1. Contiguous to the building or edifice,
2. Having an interior entrance connected therewith, and
Elements: (Subdivision B) 3. Which form part of the whole.
1. Offender is inside a dwelling house, public building or
edifice devoted to religious worship, regardless of the Orchards and other lands used for cultivation or production
circumstances under which he entered it. are not included in the terms of the next preceding
paragraph, even if closed, contiguous to the building and
2. The offender takes personal property belonging to having direct connection therewith.
another with intent to gain under any of the following
circumstances: Public Building
a. by the breaking of internal doors, wardrobes, chests, or Includes every building owned by the Government or
any other kind of sealed furniture or receptacle; or belonging to a private person, used or rented by the
b. by taking such furniture or objects away to be broken Government, although temporarily unoccupied by the same.
open outside the place of the robbery.
The term door under this subdivision refers only to doors Elements:
lids or opening sheets of furniture or other portable 1. That the offender entered an uninhabited place or a
receptacles NOT to outside doors of house or building. building which was not a dwelling house, not a public
building, or not an edifice devoted to religious worship;
It is estafa or theft, if the locked or sealed receptacle is not 2. That any of the following circumstances was present:
forced open in the building where it is kept or taken a. The entrance was effected through an opening not
therefrom to be broken outside. intended for entrance or egress;
b. A wall, roof, floor, or outside door or window was
ARTICLE 300 broken;
ROBBERY IN AN UNINHABITED c. The entrance was effected through the use of false
PLACE AND BY A BAND keys, picklocks or other similar tools;
d. A door, wardrobe, chest, or any sealed or closed
Under this Article, Robbery with Force Upon Things is furniture or receptacle was broken; or
qualified when committed in an uninhabited place AND by a e. A closed or sealed receptacle was removed, even if the
band, as distinguished from Qualified Robbery with same be broken open elsewhere;
2. That with intent to gain, the offender took therefrom
personal property belonging to another.
ARTICLE 305
The only difference between Arts. 299 and 302 is that the FALSE KEYS
use of fictitious name or simulation of public authority can be
used only in Art. 299 which refers to inhabited buildings and Inclusions:
not in Art. 302 which involves uninhabited or other places. 1. Tools not mentioned in the next preceding article.
2. Genuine keys stolen from the owner.
3. Any keys other than those intended by the owner for use
While Art. 302 provides for robbery in an uninhabited in the lock forcibly opened by the offender.
place, it actually means an uninhabited house.
A master key is a picklock and its possession is punishable.
Building
Any kind of structure used for storage or safekeeping of A lost or misplaced key found by another and not returned
personal property (U.S. v. Magsino, G.R. No. 1339. to its rightful owner is considered as a genuine key stolen
November 28, 1903). from the owner.
When the property taken is a mail matter during any of the CHAPTER TWO: BRIGANDAGE
robberies defined in Arts. 294, 295, 297, 299, 300 & 302, (ARTS. 306-307)
the penalties next higher than those provided in said articles
shall be imposed. PRESIDENTIAL DECREE 532
Modified Arts. 306 & 307
The taking of large cattle is now punished under P.D. No.
533. Definition of Terms (Section 2)
Philippine waters
ARTICLE 303 Refer to all bodies of water, such as but not limited to seas,
ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN gulfs, bays around, between and connecting each of the
AN UNINHABITED PLACE OR PRIVATE BUILDING Islands of the Philippine Archipelago, irrespective of its
depth, breadth, length or dimension, and all other waters
Penalty is one (1) degree lower when cereals, fruits, or belonging to the Philippines by historic or legal title,
firewood are taken in robbery with force upon things. including territorial sea, the sea-bed, the insular shelves,
and other submarine areas over which the Philippines has
Cereals sovereignty or jurisdiction.
Are seedlings which are the immediate product of the soil.
The palay must be kept by the owner as seedling or taken
for that purpose by the robbers.
Vessel
ARTICLE 304 Any vessel or watercraft used for transport of passengers
POSSESSION OF PICKLOCKS and cargo from one place to another through Philippine
OR SIMILAR TOOLS waters and includes all kinds and types of vessels or boats
used in fishing.
Elements:
1. That the offender has in his possession picklocks or Philippine highway
similar tools; Refer to any road, street, passage, highway and bridges or
2. That such picklocks or similar tools are specially adopted other parts thereof, or railway or railroad within the
to the commission of robbery; and Philippines used by persons, or vehicles, or locomotives or
3. That the offender does not have lawful cause for such trains for the movement or circulation of persons or
possession. transportation of goods, articles, or property or both.
Elements: Brigandage
1. The robbery should take place along the Philippine A crime committed by more than three armed persons who
highway; form a band of robbers for the purpose of committing
2. The act of robbery must be indiscriminate. It should not robbery in the highway or kidnapping persons for the
be an isolated case; and purpose of extortion or to obtain ransom, or for any other
3. The victim was not predetermined. The robbery must be purpose to be attained by means of force and violence.
directed not only against specific, intended or perceived
victims, but against any and all prospective victims. Elements:
1. There be at least four armed persons;
Any person who aids or protects highway robbers or abets 2. They formed a band of robbers; and
the commission of highway robbery or brigandage shall be 3. The purpose is any of the following:
considered as an ACCOMPLICE. a. To commit robbery in a highway; or
b. To kidnap persons for the purpose of extortion or to
The object of the decree is to deter and punish lawless obtain ransom; or
elements who commit acts of depredation upon persons c. To attain by means of force and violence any other
and properties of innocent and defenseless inhabitants who purpose.
travel from one place to another thereby disturbing the
peace and tranquility of the nation and stunting the Presumption of law as to brigandage:
economic and social progress of the people (People v. All are presumed to be highway robbers or brigands, if any
Pulusan, G.R. No. 110037, May 21, 1998). of them carries an unlicensed firearm.
A conviction for highway robbery under this decree requires Brigandage may be committed without the use of firearms.
proof that the accused were organized for the purpose of The term armed covers arms and weapons in general, not
committing robbery indiscriminately (ibid.). necessarily firearms.
The offender is liable for theft of whole car taken to another Motor Vehicle
place, even if only the tires are taken away (People v. Any vehicle which is motorized using the streets which are
Carpio, 54 Phil. 48). public, not exclusively for private use, comes within the
concept of motor vehicle. It includes all vehicles propelled by
ARTICLE 310 power, other than muscular power.
QUALIFIED THEFT
If the OWNER, DRIVER OR OCCUPANT of a carnapped
There is qualified theft in the following instances: vehicle is killed or raped in the course of the commission of
1. If theft is committed by a domestic servant the carnapping or on the occasion thereof, the penalty of
2. If committed with grave abuse of confidence reclusion perpetua to death shall be imposed.
3. If the property stolen is (a) motor vehicle, (b) mail matter
or (c) large cattle Since Sec. 14 of RA 6539 uses the words IS KILLED, no
4. If the property stolen consists of coconuts taken from the distinction must be made between homicide and murder.
premises of plantation.
5. If the property stolen is taken from a fishpond or fishery If the motor vehicle was not taken by the offender but was
6. If property is taken on the occasion of fire, earthquake, delivered by the owner or the possessor to the offender,
typhoon, volcanic eruption, or any other calamity, who thereafter misappropriated the same, the crime is either
vehicular accident or civil disturbance qualified theft or estafa
ARTICLE 314
When there is no intent to gain, crime committed is FRAUDULENT INSOLVENCY
coercion.
Elements:
When there is no violence or intimidation used and there is 1. That the offender is a debtor, that is, he has obligations
no intent to gain, the crime is only malicious mischief. due and demandable;
2. That he absconds with his property; and
Art. 312 only provides a penalty of fine. However, the 3. That there be prejudice to his creditors.
offender shall also suffer the penalty for acts of violence
executed by him. Art. 48 on complex crimes does not apply. Actual prejudice is required.
Real property may be the subject matter of fraudulent
insolvency.
Criminal action for usurpation of real property does not bar a Unlike in the Insolvency Law, Art. 314 does not require for
civil action for forcible entry. its application that the criminal act should have been
committed after the institution of insolvency proceedings. It
Republic Act No. 947 punishes entering or occupying of is not necessary that the defendant should have been
public agricultural land including public lands granted to adjudged bankrupt or insolvent.
private individuals.
Squatters As defined under Urban Development and CHAPTER SIX: SWINDLING AND OTHER
Housing Act, they are: DECEITS (ARTS. 315-318)
1. Those who have the capacity or means to pay rent or for
legitimate housing but are squatting anyway. ARTICLE 315
2. Those who were awarded lots but sold or lease them out. SWINDLING/ESTAFA
3. Those who are intruders of lands reserved for socialized
housing, pre-empting possession by occupying the Elements in general:
same. 1. That the accused defrauded another by abuse of
confidence, or by means of deceit; and
2. That damage or prejudice capable of pecuniary
Occupation of Real estimation is caused to the offended party or third
Property or persons.
Theft/Robbery
Usurpation of Real
Rights in Property Damage or prejudice may consist of:
1. Offended party being deprived of his money or property
Personal property is Real property or real as a result of the defraudation;
taken. right is involved 2. Disturbance in property rights;
3. Temporary prejudice.
ARTICLE 313 Note: Profit or gain must be obtained by the accused
ALTERING BOUNDARIES OR LANDMARK personally and mere negligence in allowing another to
benefit from the transaction is not estafa.
Elements:
1. That there be boundary marks or monuments of towns, I. Estafa with Unfaithfulness or Abuse of Confidence
provinces, or estates, or any other marks intended to E. stafa with unfaithfulness (Article 315, No. 1-A)
designate the boundaries of the same; and Elements:
2. That the offender alters said boundary marks. 1. That the offender has an onerous obligation to
deliver something of value;
2. That he alters its substance, quantity or quality; been devoted to a purpose or use other than that
3. That damage or prejudice capable of pecuniary agreed upon.
estimation is caused to the offended party or third 3. Material Possession (MP) the actual physical
persons. possession of personal property, where the
possessor cannot claim a better right to such
It is estafa even if the obligation be based on an property than that of its owner.
immoral or illegal obligation. 4. Juridical Possession (JP) is present when the
possession of the personal property arises from a
When there is no agreement as to the quality of thing lawful causation, contract or agreement, express or
to be delivered, the delivery of the thing not implied, written or unwritten or by virtue of a
acceptable to the complainant is not estafa. provision of law.
In such a case, the possessor of the property has a
E. stafa with abuse of confidence (Article 315 No.1- B) better right to it than the owner and may set up his
Elements: possession thereof against the latter due to the lawful
1. That money, goods, or other personal property be transaction between them.
received by the offender in trust, or on commission,
or for administration, or under any other obligation 5. Ownership (O) There is ownership of the personal
involving the duty to make delivery of, or to return, property when there is no obligation to return exactly
the same; the same property given or lent to the possessor.
Note: The second element shows three ways in The contracts of deposit, commodatum, lease, quasi-
which estafa under this paragraph may be contract of solutio indebiti and trust receipt transactions are
committed: examples of obligations involving the duty to return or make
a. Misappropriation of the thing received; delivery.
b. Conversion of the thing received; or
c. Denial of the receipt of the thing received. The thing to be delivered or returned by the offender must
be the very object which he received.
Definition of Terms
1. Misappropriation (M) the act of taking something The person prejudiced need not necessarily be the owner of
for ones own benefit. the property.
2. Conversion the act of using or disposing of
anothers property as if it was ones own; thing has As for the element of demand, the law does NOT require
demand as a condition precedent to the crime of Estafa
embezzlement. The consummation of the crime of estafa with abuse of Malversation
does not depend on the fact that a request for a return of the confidence
money is first made and refused in order that the author of Offenders are entrusted with funds or property.
the crime should comply with the obligation to return the
Considered as continuing offenses.
sum misapplied (Nepomuceno v. People, G.R. No. 166246,
April 30, 2008). The funds or property Usually public funds or
are private. property.
Demand under this kind of estafa need NOT be formal or Offender is a private Offender who is
written (Asejo v. People, G.R. No. 157433, July 24, 2007). individual or even a usually a public officer
public officer who is is accountable for
Exceptions: not accountable for public funds or
1. When the offenders obligation to comply is subject to a public funds or property.
period, and property.
2. When the accused cannot be located despite due There is no estafa Malversation can be
diligence. through negligence. committed through
abandonment or
Is Novation a Ground to Extinguish Criminal Liability negligence.
under Estafa? Crime is committed by Crime is committed by
NO. The Novation of the contract or obligation AFTER misappropriating, appropriating, taking
criminal liability for Estafa has been INCURRED is NOT a converting or denying or misappropriating or
ground to extinguish the offenders criminal liability. having received consenting, or
Novation is not one of the grounds for the extinguishment money, goods, or through abandonment
of criminal liability under Art. 89 of the RPC. other personal or negligence,
property. permitting any other
HOWEVER, where such novation, occurs BEFORE the person to take the
criminal liability for Estafa has been incurred, that is when public funds or
not all the elements therefore are present, then no criminal property.
liability attaches. Criminal liability for Estafa already
committed is not affected by compromise or novation of
C. Estafa by taking undue advantage of the
contract, for it is a public offense which must be prosecuted
signature in blank (Article 315, No. 1-C)
and punished by the state at its own volition (People vs.
Elements:
Florido, 12 C.A. Rep. 551).
1. That the paper with the signature of the offended party
be in blank;
Theft Estafa 2. That the offended party should have delivered it to the
The offender takes The offender receives offender;
the thing without the the thing from the 3. That above the signature of the offended party a
owners consent. offended party. document is written by the offender without authority
The offender acquires The offender acquires to do so; and
only the material or also the juridical 4. That the document so written creates a liability of, or
physical possession possession of the causes damage to the offended party or any third
of the thing. thing and the offender person.
misappropriates it.
Note: If the paper with the signature in blank is stolen
Note: If an object was received to be sold, but instead it the crime is falsification of documents by making it
was pledged, estafa is committed. appear that he participated in a transaction when in
fact he did not.
If an object was to be pledged, but instead it was sold,
theft is committed. II. Estafa by Means of Deceit (Article 315, No. 2)
Elements:
1. That there must be false pretense, fraudulent act or
fraudulent means;
2. That such false pretense, act or fraudulent means
must be made or executed prior to or simultaneously
with the commission of the fraud; ILLEGAL RECRUITMENT
3. That the offended party must have relied on the false Under the Migrant Workers Act
pretense, fraudulent act, or fraudulent means, that is, (R.A. No. 8042 as amended by R.A. No. 10022)
he was induced to part with his money or property
because of the false pretense, fraudulent act, or Illegal Recruitment
fraudulent means; and Any act of canvassing, enlisting, hiring, or procuring
4. That as a result thereof, the offended party suffered workers, including referring contract services, promising
damage. or advertising for employment abroad, whether for profit or
not, when undertaken by a non-licensee or non- holder of
There is no deceit if the complainant was aware of the authority.
fictitious nature of the pretense.
Any such non-licensee or non-holder of authority who, for
It is indispensable that the element of deceit, consisting a fee, offers and promises employment abroad to two or
in the false statement or fraudulent representation of more persons shall be deemed so engaged in illegal
the accused, be made prior to, or at least recruitment.
simultaneously with, the delivery of the thing by the
complainant, it being essential that such false It shall likewise include the acts enumerated under Sec. 5
statement or fraudulent representation constitutes the of R.A. No. 10022, whether committed by any person,
very cause or the only motive which induces the whether a non-licensee, non-holder, licensee or holder of
complainant to part with the thing. authority.
The offender must be able to obtain something from C. Article 315 No. 2 (C)
the offended party because of the false pretense, By pretending to have bribed any Government
that is, without which the offended party would not employee.
have parted with it.
The accused, by pretending to have bribed a
government employee, can be held further liable for
such calumny in a criminal action for either slander or
libel depending on how he recounted the supposed
bribery.
Note: The crime will still be estafa even if the owner takes Acts Punished:
the personalty from the lawful possessor under the 1. By defrauding or damaging another by any other deceit
modes of taking in theft or robbery which latter crimes not mentioned in the preceding articles.
cannot be committed by the owner on his property 2. By interpreting dreams, by making forecasts, telling
(Regalado, 2008). fortunes, by taking advantage of the credulity of the public
in any other manner, for profit or gain.
4. Any person who, to the prejudice of another, shall
execute any fictitious contract. REPUBLIC ACT NO. 8484
5. Any person who shall accept any compensation for ACCESS DEVICES REGULATION ACT OF 1998
services not rendered or for labor not performed.
Definition of terms
This act requires fraud as an essential element. If there is 1. Access Device any card, plate, code, account number,
no fraud, it only becomes solutio indebiti, with the civil electronic serial number, personal identification
obligation to return the wrong payment. number, or other telecommunications service,
equipment, or instrumental identifier, or other means of
6. Any person who shall sell, mortgage or encumber real account access that can be used to obtain money, good,
property with which the offender guaranteed the fulfillment services, or any other thing of value or to initiate a
of his obligation as surety. transfer of funds (other than a transfer originated solely by
paper instrument).
Elements: 2. Counterfeit Access Device any access device that is
a. That the offender is a surety in a bond given in a criminal counterfeit, fictitious, altered, or forged, or an identifiable
or civil action; component of an access device or counterfeit access
b. That he guaranteed the fulfillment of such obligation device.
with his real property or properties; 3. Unauthorized Access Device any access device that
c. That he sells, mortgages, or, in any manner encumbers is stolen, lost, expired, revoked, canceled, suspended, or
said real property; and obtained with intent to defraud.
d. That such sale, mortgage or encumbrance is (1) without 4. Access Device Fraudulently Applied for any access
express authority from the court, or (2) made before the device that was applied for or issued on account of the
cancellation of his bond, or (3) before being relieved from use of falsified document, false information, fictitious
the obligation contracted by him. identities and addresses, or any form of false
pretense or misrepresentation. 8. Multiple imprinting on more than one transaction
5. Consumer a natural person. record, sales slip or similar document, thereby making it
6. Credit Card any card, plate, coupon book, or other appear that the device holder has entered into a
credit device existing for the purpose of obtaining transaction other than those which said device holder
money, goods, property, labor or services or any thing of had lawfully contracted for, or submitting, without being
value on credit. an affiliated merchant, an order to collect from the
7. Device Making or Altering Equipment any issuer of the access device, such extra sales slip
equipment, mechanism or impression designed or through an affiliated merchant who connives therewith,
primarily used for making or altering or re-encoding an or, under false pretenses of being an affiliated
access device or a counterfeit access device. merchant, present for collection such sales slips, and
8. Finance Charges represent the amount to be paid by similar documents;
the debtor incident to the extension of credit such as 9. Disclosing any information imprinted on the access
interest or discounts, collection fees, credit investigation device, such as, but not limited to, the account number
fees, and other service charges. or name or address of the device holder, without the
9. Open-end-credit plan a consumer credit extended on latter's authority or permission;
an account pursuant to a plan under which: 10. Obtaining money or anything of value through the use
a. The creditor may permit the person to make purchase of an access device, with intent to defraud or with intent
or obtain loans, from time to time, directly from the to gain and fleeing thereafter;
creditor or indirectly by use of credit card, or other 11. Having in one's possession, without authority from the
service; owner of the access device or the access device
b. The person has the privilege of paying the balance; or company, an access device, or any material, such as
c. A finance charge may be computed by the creditor slips, carbon paper, or any other medium, on which the
from time to time on an unpaid balance. access device is written, printed, embossed, or
9. Penalty Charges such amount, in addition to interest, otherwise indicated;
imposed on the credit card holder for non- 12. Writing or causing to be written on sales slips, approval
payment of an account within a prescribed period. numbers from the issuer of the access
11. Produce includes design, alter, authenticate, device of the fact of approval, where in fact no such
duplicate or assemble. approval was given, or where, if given, what is written
12. Trafficking transferring, or otherwise disposing of, to is deliberately different from the approval actually given;
another, or obtaining control of, with intent to 13. Making any alteration, without the access device
transfer or dispose of. holder's authority, of any amount or other information
written on the sales slip;
Acts Prohibited (Section 9) 14. Effecting transaction, with one or more access devices
The following acts shall constitute access device fraud issued to another person or persons, to
and are hereby declared to be unlawful: receive payment or any other thing of value;
1. Producing, using, trafficking in one or more counterfeit 15. Without the authorization of the issuer of the access
access devices; device, soliciting a person for the purpose of:
2. Trafficking in one or more unauthorized access devices a. Offering an access device; or
or access devices fraudulently applied for; b. Selling information regarding or an application to
3. Using, with intent to defraud, an unauthorized access obtain an access device; or
device; 16. Without the authorization of the credit card system
4. Using an access device fraudulently applied for; member or its agent, causing or arranging for another
5. Possessing one or more counterfeit access devices or person to present to the member or its agent, for
access devices fraudulently applied for; payment, one or more evidence or records of
6. Producing, trafficking in, having control or custody of, transactions made by credit card.
or possessing device-making or altering equipment
without being in the business or employment, which
lawfully deals with the manufacture, issuance, or Conspiracy to commit access device fraud. (Section
distribution of such equipment; 11) are punishable under this code.
7. Inducing, enticing, permitting or in any manner
allowing another, for consideration or otherwise to Frustrated and attempted access device fraud
produce, use, traffic in counterfeit access devices, (Section 12) is also punishable.
unauthorized access devices or access devices
fraudulently applied for;
Accessory to access device fraud (Section 13) Any province or city other than the one in which it is located
person who, with intent to gain for himself or for another, at the time of execution of the mortgage, without the
buys, receives, possesses, keeps, acquires, conceals, sells, written consent of the mortgagee or his executors,
or disposes of, shall buy and sell, or in any manner deal in administrators or assigns.
any article, item, object or anything of value which he knows
or should be known to him, to have been acquired through Removal of Mortgaged Property
the use of counterfeit access device or an unauthorized Elements:
access device or an access device known to him to have 1. That personal property is mortgaged under Chattel
been fraudulently applied for, shall be considered as an Mortgage Law;
accessory to an access device. Said person shall be 2. That the offender knows that such property is so
prosecuted under this Act or under the Anti-Fencing Law of mortgaged;
1979 (Presidential Decree No. 1612) whichever imposes the 3. That he removes such mortgaged personal property
longer prison term as penalty for the consummated offense. to any province or city other than the one
in which it was located at the time of the execution of
the mortgage;
Presumption and prima facie evidence of intent to 4. That the removal is permanent; and
defraud (Section 14) 5. That there is no written consent of mortgagee,
The mere possession, control or custody of: executors, administrators, or assigns to such
a. An access device, without permission of the owner or removal.
without any lawful authority;
b. A counterfeit access device; The removal of the mortgaged personal property must
c. Access device fraudulently applied for; be coupled with intent to defraud.
d. Any device-making or altering equipment by any person
whose business or employment does not lawfully deal A third person, other than the mortgagor, may be held
with the manufacture, issuance, or distribution of access liable
device;
e. An access device or medium on which an access device If the mortgagee elected to file a suit for collection, not
is written, not in the ordinary course of the possessor's foreclosure, thereby abandoning the mortgage as basis
trade or business; or for relief, the removal of the property is not a violation
f. A genuine access device, not in the name of the of par 1 of Art 319.
possessor, or not in the ordinary course of the
possessor's trade or business, shall be prima facie Chattel mortgage must be valid and subsisting.
evidence that such device or equipment is intended to
be used to defraud. B. By selling or pledging personal property already pledged,
A cardholder who abandons or surreptitiously leaves the or any part thereof, under the terms of the Chattel
place of employment, business or residence stated in his Mortgage Law, without the consent of the mortgagee
application or credit card, without informing the credit card written on the back of the mortgage and noted on the
company of the place where he could actually be found, if at record thereof in the office of the register of deeds of
the time of such abandonment or surreptitious leaving, the the province where such property is located.
outstanding and unpaid balance is past due for at least
ninety (90) days and is more than Ten thousand pesos
(P10,000.00), shall be prima facie presumed to have used Sale or Pledge of Mortgaged Property
his credit card with intent to defraud. Elements:
1. Personal property is already pledged under Chattel
CHAPTER SEVEN: CHATTEL Mortgage Law;
MORTGAGE (ART. 319)
2. Offender, who is the mortgagor, sells or pledges the
same property or any part thereof; and
ARTICLE 319 3. No consent of mortgagee written on the back of the
REMOVAL, SALE OR PLEDGE OF MORTGAGED mortgage and noted on the record thereof in the
PROPERTY Office of the Register of Deeds.
Kinds of Arson:
1. Arson (Sec. 1, PD No. 1613) Other cases of Arson: (Sec. 3, PD 1613)
2. Destructive arson (Art. 320, as amended by RA No. Burning of:
7659) 1. Any building used as offices of the Government or any of
3. Other cases of arson (Sec. 3, PD No. 1613) its agencies;
2. Any inhabited house or dwelling;
Arson 3. Any industrial establishment, shipyard, oil well or mine
When any person burns or sets fire to the property of shaft, platform or tunnel;
another, or his own property under circumstances which 4. Any plantation, farm, pasture land, growing crop, grain
expose to danger the life or property of another. (Sec. 1, PD field, orchard, bamboo grove or forest;
1613); It is the malicious destruction of property by fire. 5. Any rice mill, sugar mill, cane mill, or mill central; or
6. Any railway or bus station, airport, wharf, or warehouse.
Destructive Arson (Art. 320, RPC) Special Aggravating Circumstance on Arson (Sec. 4, PD
Burning of: 1613):
1. One (1) or more buildings or edifices, consequent to one 1. If committed with intent to gain.
single act of burning, or as a result of simultaneous 2. If committed for the benefit of another.
burnings, or committed on several or different occasions; 3. If the offender is motivated by spite or hatred towards the
2. Any building of public or private ownership, devoted to the owner or occupant of the property burned.
public in general or where people usually gather or 4. If committed by a syndicate planned or carried out by
congregate for a definite purpose such as, but not limited three or more persons
to, official governmental function or business, private
transaction, commerce, trade workshop, meetings and Prima facie evidence of Arson (Sec. 6, PD 1613):
conferences, or merely incidental to a 1. If the fire started simultaneously in more than one part of
the building or establishment.
2. If substantial amount of flammable substances or the building, it is consummated.
materials are stored within the building not of the offender
nor for the household. b. The crime is classified only as frustrated arson, inasmuch
3. If gasoline, kerosene, petroleum or other flammable or as the defendant performed all the acts conceive to the
combustible substances or materials soaked therewith or burning of said house, but nevertheless, owing to causes
containers thereof, or any mechanical, electrical, independent of his will, the criminal act which he intended
chemical, or electronic contrivance designed to start a was not produced. The offense committed cannot be
fire, or ashes or traces of any of the foregoing are found classified as consummated arson by the burning of said
in the ruins or premises of the burned building or property. inhabited house, for the reason that no part of the building
4. If the building or property is insured for substantially had yet commenced to burn, although, as the piece of
more than its actual value at the time of the issuance of sack and the rag, soaked in kerosene oil, had been
the policy. placed near partition of the entresol, the partition might
5. If during the lifetime of the corresponding fire insurance have started to burn, had the fire not been put out on
more than two fires have occurred in the same or other time. (U.S. v. Valdez; G.R. No. L-14128, Dec. 10, 2918)
premises owned or under the control of the offender
and/or insured.
6. If shortly before the fire, a substantial portion of the c. Any charring of the wood of a building, whereby the fiber
effects insured and stored in a building or property had of the wood is destroyed, is sufficient. It is necessary that
been withdrawn from the premises except in the ordinary the wood should be ablaze.
course of business.
7. If a demand for money or other valuable consideration And the mere fact that a building is scorched or
was made before the fire in exchange for the desistance discolored by heat is not sufficient to constitute
of the offender or for the safety of the person or property consummated arson.
of the victim.
The offense is committed by a syndicate if it is planned or
carried out by a group of three or more persons.
Conspiracy to commit arson is punished. (Sec. 7, PD
1613) If a part of the building commences to burn, the crime is
consummated arson, however small is the portion burned.
The building which is the object of arson including the
land on which it is situated shall be confiscated and
escheated to the State. (Sec. 8, PD 1613) When there is fire, the crime committed is either frustrated
(e.g. set fire to the blankets but fire was put out before
Examples of Attempted, frustrated or consummated any part of the building was burned) or consummated
arson: arson, never attempted.
a. A person, intending to burn a wooden structure, collects
some rags, soaks them in gasoline and places them There is no complex crime of arson with homicide. If by
beside the wooden wall of the building. When he is reason of or on the occasion of arson, death results, the
about to light a match to set fire to the rags, he is penalty of reclusion perpetua to death shall be imposed.
discovered by another who chases him away. The crime of homicide is absorbed.
The crime committed is attempted arson, because the CHAPTER NINE: MALICIOUS MISCHIEF
offender commences the commission of the crime directly (ARTS. 327-331)
by overt acts (placing the rags soaked in gasoline beside
the wooden wall of the building and lighting a match) but he
does not perform all the acts of execution (the setting of fire Malicious Mischief
to the rags) due to the timely intervention of another who Is the willful damaging of anothers property for the sake of
chases away the offender. causing damage due to hate, revenge or other evil motive.
If that person is able to light or set fire to the rags but the fire
was put out before any part of the building was burned, it is
frustrated.
But if before the fire was put out, it had burned a part of
ARTICLE 327 ARTICLE 329
MALICIOUS MISCHIEF OTHER MISCHIEFS
Elements: Mischiefs not included in the next preceding article and are
1. That the offender deliberately caused damage to the punished according to the value of damage caused.
property of another;
2. That such act does not constitute arson or other crimes ARTICLE 330
involving destruction; and DAMAGE AND OBSTRUCTION TO MEANS OF
3. That the act of damaging anothers property be committed COMMUNICATION
merely for the sake of damaging it.
This third element presupposes that the offender acted Person liable: Any person who shall damage any railway,
due to hate, revenge or other evil motive. This crime telegraph or telephone lines.
cannot be committed thru reckless imprudence or thru
violence in the course of a fight. Qualifying circumstance: Damage shall result in the
derailment of cars, collision or other accident.
If there is no malice in causing the damage, the obligation is
only civil. For the purpose of the provisions of Art. 330, the electric
wires, traction cables, signal system, and other things
Damage pertaining to railways, shall be deemed to constitute an
In malicious mischief means not only loss but also a integral part of a railway system. Art. 330 does not apply
diminution of what is a mans own. Thus, damage to when the telegraph or telephone do not pertain to railways.
anothers house includes defacing it.
Crimes against chastity are also referred to as private Each occasion of sexual intercourse constitutes a crime
crimes, or crimes which cannot be prosecuted de officio, of adultery.
because of the requirement that the prosecution thereof be
upon a sworn written complaint of the offended party or The criminal liability is mitigated when adultery is
certain persons authorized by law. committed while abandoned by spouse without
justification.
The crimes against chastity which cannot be
prosecuted de officio are: Abandonment without justification is not an exempting
a. Adultery (Art. 333) circumstance but is merely mitigating.
b. Concubinage (Art. 334)
c. Acts of lasciviousness with or without consent (Arts. 336, There is no crime of frustrated adultery.
339)
d. Seduction whether qualified or simple (Arts. 337, 338), Acquittal of one of the defendants will not automatically
and acquit the other:
e. Abduction which may be forcible or consented (Arts. 342, a. There may not be a joint criminal intent, although there
343) is a joint physical act.
But corruption of minors (Art. 340) and white slave trade b. One of the parties may be insane and the other is
(Art. 341) can be prosecuted de officio. sane.
c. The man may not know that the woman is married.
d. The death of the woman during the pendency of the
TITLE ELEVEN: CRIMES action cannot defeat the trial and conviction of the man.
e. A married man who does not know of the married
AGAINST CHASTITY
status of the woman may be liable for concubinage, if
he appears to be guilty of any of the acts defined in Art.
CHAPTER ONE: ADULTERY AND 334.
CONCUBINAGE (ARTS. 333-334)
ARTICLE 334 Photo or video voyeurism means the act of taking photo
CONCUBINAGE or video coverage of a person or group of persons
performing sexual act or any similar activity or of capturing
Who are liable? an image of the private area of a person or persons without
1. The married man. the latter's consent, under circumstances in which such
2. The woman who knew that the man was married. person/s has/have a reasonable expectation of privacy, or
the act of selling, copying, reproducing, broadcasting,
Elements: sharing, showing or exhibiting the photo or video coverage
1. That the man must be married; or recordings of such sexual act or similar activity through
2. That he committed any of the following acts: VCD/DVD, internet, cellular phones and similar means or
a. Keeping a mistress in the conjugal dwelling (mistress device without the written consent of the person/s involved,
must live therein as such); notwithstanding that consent to record or take photo or
b. Having sexual intercourse under scandalous video coverage of same was given by
circumstances with a woman who is not his wife such person's
(proof of actual sexual relations not required as long as
it can be inferred); Prohibited Acts
c. Cohabiting with her in any other place (as husband and 1. To take photo or video coverage of a person or group of
wife); persons performing sexual act or any similar activity or to
3. As regards the woman, she must know him to be capture an image of the private area of a person/s such
married. as the naked or undergarment clad genitals, public area,
buttocks or female breast without the consent of the
Conjugal dwelling person/s involved and under circumstances in which the
Means the home of the husband and wife even if the wife person/s has/have a reasonable expectation of privacy;
happens to be temporarily absent on any account. 2. To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of sexual
Scandalous circumstances are not necessary to make a act or any similar activity with or without consideration;
husband guilty of concubinage by keeping a mistress in the 3. To sell or distribute, or cause to be sold or distributed,
conjugal dwelling. such photo or video or recording of sexual act, whether it
be the original copy or reproduction thereof; or
Scandal consists in any reprehensible word or deed that 4. To publish or broadcast, or cause to be published or
offends public conscience, redounds to the detriment of the broadcast, whether in print or broadcast media, or show
feelings of honest persons, and gives occasion to the or exhibit the photo or video coverage or recordings of
neighbors spiritual damage or ruin. such sexual act or any similar activity through VCD/DVD,
internet, cellular phones and other similar means or
Cohabit means to dwell together, in the manner of device.
husband and wife, for some period of time, as distinguished
from occasional transient interviews for unlawful intercourse.
Adultery is more severely punished than concubinage. CHAPTER TWO: ACTS OF
LASCIVIOUSNESS (ART. 336)
ARTICLE 336
Reason: Because adultery makes possible the introduction
of another mans blood into the family so that the offended ACTS OF LASCIVIOUSNESS
husband may have another mans son bearing his
(husbands) name and receiving support from him. Elements:
1. That the offender commits any act of lasciviousness or
lewdness; any person; bestiality, masturbation, lascivious exhibition of
2. That the act of lasciviousness is committed against a the genitals or pubic area of a person.
person of either sex;
3. That it is done under any of the following Who must prosecute criminal actions
circumstances:
a. By using force or intimidation; or R.A. 7610 Acts of
b. When the offended party is deprived of reason or Lasciviousness
otherwise unconscious; or Complaints on cases of
c. By means of fraudulent machination or grave abuse of unlawful acts committed
authority; or against the children as The offenses
d. When the offended party is under 12 years of age or enumerated herein may of seduction,
is demented. be filed by the following: abduction and
acts of
The crime is unjust vexation in the absence of any of the a. Offended party; lasciviousness shall
above-mentioned circumstances (circumstances of rape). b. Parents or guardians; not be prosecuted
c. Ascendant or except upon a
Attempted Rape Acts of Lasciviousness collateral relative complaint filed by the
within the third degree offended party or her
The acts performed by There is no intent to have
of consanguinity; parents,
offender clearly indicate sexual intercourse.
d. Officer, social worker grandparents or
that his purpose was to
or representative of a guardian, nor, in any
lie with the offended
licensed child-caring case, if the offender
woman, it is attempted.
institution; has been expressly
The lascivious acts are The lascivious acts are e. Officer or social pardoned by any of
but the preparatory acts the final objective sought worker of the them. If the offended
to the commission of by the offender. Department of Social party dies or
rape. Welfare and becomes
Manner of commission is the same. Development; incapacitated before
f. Barangay chairman; she can file
The performance of lascivious character is common the complaint, and
to both. or
g. At least three (3) she has no
concerned known
Lewd obscene, lustful, indecent, lecherous. parents,
responsible citizens
where the violation grandparents or
What constitutes lewd or lascivious conduct must be guardian, the State
occurred(Sec. 27)
determined from the circumstances of each case. The shall initiate the
presence or absence of the lewd designs is inferred from criminal action in her
the nature of the acts themselves and the environmental behalf (Section
circumstances. 5,
Rule 110, Revised
There can be no attempted and frustrated acts of Rules on Criminal
lasciviousness. Procedure).
In People v. Jalosjos (GR No. 132876-279, Nov. 16, 2001), CHAPTER THREE: SEDUCTION,
the SC adopted the definition of lascivious conduct in CORRUPTION OF MINORS, AND WHITE
SLAVE TRADE
Sec. 32, Art. XIII of the Implementing Rules and Regulations
(ARTS. 337-341)
of RA 7610, which reads as follows:
The fact that the girl gave her consent to the sexual
intercourse is no defense. In the same way, lack of
consent of the girl is not an element of the offense.
The acts are committed The acts of
under circumstances lasciviousness are Sec. 5. Child Prostitution and other Sexual Abuse
which, had there been committed under the Children whether male or female, who for
carnal knowledge, circumstances which,
would amount to rape. had there been carnal money, profit or other consideration or due to the coercion
knowledge, would or influence of any adult syndicate or group, indulge in
amount to either sexual intercourse or lascivious conduct are deemed to be
qualified seduction or children exploited in prostitution and other sexual abuse.
simple seduction.
Persons liable:
There is an oversight in the law where the victim is exactly
12 years of age. If the victim is below 12, the crime will be 1. Those who engage in or promote, facilitate or induce
rape, or unconsented acts of lasciviousness or forcible child prostitution which include, but are not limited to the
abduction. Hence Art. 339 stating over 12 years of age following:
should be construed as twelve years of age and over, thus a. Acting as a procurer of a child prostitute.
construing the doubt in favor of the accused. b. Inducing a person to be a client of a child prostitute by
means of written or oral advertisements or other similar
ANTI-SEXUAL HARRASMENT ACT means.
(R.A. No. 7877) c. Taking advantage of influence or relationship to
procure a child as a prostitute.
Persons liable: d. Threatening or using violence towards a child to
Employer, employee, manager, supervisor, teacher, engage him/her as a prostitute.
professor, instructor, coach, trainor, or any other person e. Giving monetary consideration, goods or other
having authority, influence, or moral ascendancy over pecuniary benefit to a child with the intent to engage
another in a work, education or training-related environment. such child in prostitution.
Acts Punished
Note: There is also a crime of attempted child prostitution
To promote or facilitate the prostitution or corruption of
under Sec 5 pars. 1 and 2 of RA 7610 (Sec 6, RA 7610).
persons under age to satisfy the lust of another.
Under age means under 18 years of age. There is an attempt to commit child prostitution under
Section 5, paragraph (a) hereof when any person who, not
The victim must be of good reputation and not a prostitute being a relative of a child, is found alone with the said child
or corrupted person. inside the room or cubicle of a house, an inn, hotel, motel,
pension house, apartelle or other similar establishments,
It is not necessary that the unchaste acts shall have been vessel, vehicle or any other hidden or secluded area under
done since what is being punished is mere act of promotion circumstances which would lead a reasonable person to
or facilitation. believe that the child is about to be exploited in prostitution
and other sexual abuse.
Special Protection of Children Against Child Abuse Act
There is also an attempt to commit child prostitution, under
(R.A. 7610) Child prostitution and attempt to commit child
paragraph (b) of Section 5 hereof when any person
prostitution are punished under this Act.
is receiving services from a child in a sauna parlor or bath, 3. That the abduction is with lewd design.
massage clinic, health club and other similar
establishments. Grave Coercion/
Forcible Abduction
Kidnapping
ARTICLE 341
With lewd design No lewd design
WHITE SLAVE TRADE
There is no deprivation There is deprivation of
Prohibited acts: of liberty. liberty.
1. Engaging in the business of prostitution.
2. Profiting by prostitution. Conviction of acts of lasciviousness is not a bar to
3. Enlisting the services of women for the purpose of conviction of forcible abduction.
prostitution.
Attempted Rape is absorbed by Forcible Abduction as the
Corruption of Minors White Slave Trade former constitutes the element of lewd design.
It is essential that Minority need not be
If girl is under 12 crime is ALWAYS FORCIBLE
victims are minors. involved.
ABDUCTION even if she voluntarily goes with her abductor.
May have victims of Limited only to
either sex. females. Sexual intercourse is not necessary in forcible abduction.
May not necessarily be Generally for profit. The intent to seduce the girl is sufficient.
for profit.
ARTICLE 343
Committed by a single Generally committed CONSENTED ABDUCTION
act. habitually.
The first two modes require the element of profit and Elements:
habituality. In the third mode, the profit motive is not 1. That the offended party must be a virgin;
required. (Regalado) 2. That she must be over 12 and under 18 years if age;
3. That the taking away of the offended party must be with
White slave trade may be with or without the consent of the her consent, after solicitation or cajolery from the
woman, while slavery for the purpose of assigning the offender; and
woman to immoral traffic (Art. 272) is committed against her 4. That the taking away of the offended party must be with
will. lewd designs.
CHAPTER FOUR: ABDUCTION Crimes against Chastity where age and reputation of
(ARTS. 342-343) the victim are immaterial:
1. Acts of lasciviousness against the will of the offended
party or against a sister or descendant.
Abduction 2. Qualified Seduction of sister or descendant.
The taking away of a woman from her house or the place 3. Forcible Abduction
where she may be for the purpose of carrying her to another
CHAPTER FIVE: PROVISIONS
place with intent to marry or corrupt her.
RELATING TO THE PRECEDING
CHAPTERS OF TITLE ELEVEN
Two Kinds of Abduction: (ARTS. 344-346)
1. Forcible abduction (Art. 342)
2. Consented abduction (Art. 343)
ARTICLE 344
ARTICLE 342 PROSECUTION OF THE CRIMES OF ADULTERY,
FORCIBLE ABDUCTION CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE
AND ACTS OF LASCIVIOUSNESS
Elements:
1. That the person abducted is a woman; regardless of her 1. Adultery and concubinage must be prosecuted upon the
age, civil status, or reputation; complaint signed by the offended spouse (and in the
2. That the abduction is against her will; and absence of an express or implied pardon).
2. Seduction, abduction and acts of lasciviousness must be ARTICLE 345
prosecuted upon the complaint signed by (and in the CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES
absence of an express pardon) offended party AGAINST CHASTITY
a. Even if a minor;
b. If of legal age and not incapacitated, only she can file Persons who are guilty of rape, seduction or
complaint. abduction shall also be sentenced:
1. To indemnify the offended woman;
If a minor or incapacitated and refuses to file either of 2. To acknowledge the offspring, EXCEPT:
the next succeeding persons may file: a. In adultery and concubinage since only a natural child
a. Either of the parents; may be acknowledged;
b. Either of the grandparents whether paternal or b. Where either the offended party or the accused is
maternal side; married;
c. Legal or judicial guardians; c. When paternity cannot be determined as in multiple
d. The State, as parens patriae when the offended rape; and
party dies or becomes incapacitated before she d. Other instances where the law should prevent the
could file the complaint and she has no known offender from doing so;
parents, grandparents or guardians. 1. In every case to support the offspring.
Pursuant to R.A. No. 8353, rape is now a crime against Note: Under the Family Code, children are classified as
persons, which may be prosecuted de officio. only either legitimate or illegitimate, with no further positive
act required from the parent, as the law itself provides the
In adultery and concubinage, the offended party must childs status. Natural children under the Civil Code fall
institute the criminal prosecution against both the guilty within the classification of illegitimate children under the
parties, if they are alive. Family Code.
The right to file the action granted to the parent, Art. 176 of the Family Code confers parental authority over
grandparent or guardian shall be exclusive of all other illegitimate children on the mother and provides their
persons and shall be exercised successively in the entitlement to support in conformity with the Family Code.
order provided by law.
ARTICLE 346
Effects of Pardon LIABILITY OF ASCENDANTS, GUARDIANS,
Pardon in adultery and concubinage must come before TEACHERS, OR OTHER PERSONS ENTRUSTED WITH
the institution of the criminal action and both offenders THE CUSTODY OF THE OFFENDED PARTY
must be pardoned by the offended party if said pardon
is to be effective. Persons who cooperate as accomplices but are punished
as principals in seduction, abduction, acts of
Pardon in seduction must also come before the lasciviousness, acts of lasciviousness with the consent of
institution of the criminal action. the offended party, corruption of minors, white slave trade:
1. Ascendants,
Condonation is not pardon in concubinage or adultery 2. Guardians,
any subsequent act of the offender showing that 3. Curators,
there was no repentance will not bar the prosecution of 4. Teachers, and
the offense. 5. Any person, who cooperates as accomplice with abuse of
authority or confidential relationship.
Pardon by the offended party who is a minor must have
the concurrence of parents except when the offended Persons who act as accomplices in crimes against chastity
party has no parents. (EXCEPT adultery and concubinage where there can be no
accomplices or accessories), shall be punished as
Marriage of the offender with the offended party in principals.
seduction, abduction and acts of lasciviousness
extinguishes criminal action or remits the penalty In addition, teachers or persons entrusted with education
already imposed, and it benefits the co-principals, and guidance of the youth are penalized with
accomplices and accessories. In rape, it extends only disqualification.
as to the principal.
Furthermore, all those falling within the terms of this article 2. The offender conceals or abandons such child; and
shall be punished with special disqualification from the office 3. The offender has the intent to cause such child to lose its
of guardian. civil status.
ARTICLE 355 This is also known as blackmail. Art. 283 regarding light
LIBEL BY MEANS OF WRITINGS threats is another form of blackmail.
OR SIMILAR MEANS
Blackmail
Committed by means of: Any lawful extortion of money by threats of accusation or
1. Writing exposure.
2. Printing
3. Lithography It is essential that the threat to publish, or to offer to prevent
4. Engraving the publication of libel must be for a compensation or money
5. Radio consideration, in order it may be penalized under this article.
6. Phonograph
7. Painting
8. Theatrical exhibition Blackmail is possible in the following crimes:
9. Cinematographic exhibition a. Light threats (Art 283)
10. Or any similar means b. Threatening to publish, or offering to prevent the
publication of, a libel for compensation (Art 356)
Defamation through amplifier system is slander not libel.
ARTICLE 357
If defamatory remarks are made in the heat of passion PROHIBITED PUBLICATION OF ACTS REFERRED TO
which culminated in a threat, the derogatory statements will IN THE COURSE
not constitute an independent crime of libel but a part of the OF OFFICIAL PROCEEDINGS
more serious crime of threats.
Elements:
Administrative Circular No. 08-2008, issued on January 1. That the offender is a reporter, editor or manager of a
25, 2008, laid down a rule of preference for the imposition of newspaper, daily or magazine;
a fine only rather than imprisonment in libel cases. The 2. He publishes facts connected with the private life of
Administrative Circular provides that: another; and
1. It does not remove imprisonment as an alternative penalty 3. Such facts are offensive to the honor, virtue and
for the crime of libel under Art. 355 of the RPC. reputation of said person.
2. The Judges may, in the exercise of sound discretion,
and taking into consideration the peculiar circumstances This article is referred to as the Gag Law because while a
of each case, determine whether the imposition of a fine report of an official proceeding is allowed, it gags those who
alone would best serve the interests of justice or whether would publish therein facts which this article prohibits, and
forbearing to impose imprisonment would depreciate the punishes any violation thereof.
seriousness of the offense, work violence on the social
order, or otherwise be contrary to the imperatives of The Gag Law prohibits the publication of cases relating to
justice. adultery, divorce, legitimacy of children, etc.
CRIMINAL LAW BOOK TWO
Emergency Rule
An automobile driver who, by the negligence of another and
not by his own negligence, is suddenly placed in an
emergency and compelled to act instantly to avoid a
collision or injury is not guilty of negligence if he makes such
a choice which a person of ordinary prudence placed in
such a position might make even though he did not make
the wisest choice.