RPC Book 2

TITLE ONE
I. CRIMES AGAINST NATIONAL SECURITY

Article 114
ELEMENTS OF TREASON:
1. That the offender owes allegiance to the Government of the Philippines
2. That there is a war in which the Philippines is involved
3. That the offender either
4. Levies war against the government,
1. breech of allegiance
2. actal assembling of men
3. for the prpose of e!ecting a reasonable design
4. breech of allegiance
". adherence
#. giving aid or comfort to the enem$
". %dheres to the enemies, giving them aid and comfort
&a$s of proving treason'
1. 2 witnesses testif$ing to same overt act
Example' ( saw arms landed in La )nion and loaded into a motor vehicle. %t this
stage, not sfficient to convict $et. * later saw the arms nloaded in a warehose. &ill
( + * be sfficient witnesses to convict, %nswer' -.. /ecase the law re0ires that
2 witnesses see the 1%23 .435T %6T.
2. 6onfession of the accsed in open cort. %rraignment, pre7trial, trial .8.
1. 9f he has pleaded -.T gilt$ alread$ dring arraignment, he can still confess
in open cort b$ stating the particlar acts constitting treason.
2. :ring trial, simpl$ sa$ing ;9<m gilt$= is not enogh.
3. &ithdrawing plea of ;not gilt$= dring arraignment not necessar$
4. 9f dring arraignment he pleads gilt$, cort will as> if the accsed
nderstands his plea. 1bmission of affidavit dring trial, even if assisted b$
consel is not enogh.
Treason' breach of allegiance to the government, committed b$ a person who
owes allegiance to it. %llegiance' obligation of fidelit$ and obedience. 9t is
permanent or temporar$ depending on whether the person is a citi?en or an
alien.
3vident premeditation, sperior strength and treacher$ are circmstances
inherent in treason, and are, therefore, not aggravating.
Treason cannot be committed in times of peace, onl$ in times of war actal
hostilities. /t no need for declaration of war
Lev$ing of war' a@ that there be an actal assembling of menA b@ for the
prpose of e!ecting a treasonable design b$ force Bdeliver the contr$ in
whole or in part to the enem$@
Not Treasonos:
1. %cceptance of pblic office and discharge of official dties nder the enem$
does not constitte per se the felon$ of treason Be!ception' when it is polic$
determining@
2. 1erving in a pppet government Bministerial fnctions@ and in order to serve
the poplace is -.T treasonos. /t it is treason if' a@ there is discretion
involvedA b@ inflicts harm on CilipinosA c@ it is disadvantageos to them.
3. Prpose of offender' to deliver the Philippines to enem$ contr$A if merel$ to
change officials not treason
4. Cilipino citi?ens can commit treason otside the Philippines. /t that of an
alien mst be committed in the Philippines.
". .nl$ Cilipino citi?ens or permanent resident aliens can be held liable
#. %lien' with permanent resident stats from the /9: it is neither the length of
sta$ in the Philippines nor the marriage with a Cilipino that matters.
On Citi!ens"i#
Treason cannot be proved b$ circmstantial evidence or b$ e!tra7Ddicial
confession of the accsed
%ctal hostilities ma$ determine the date of the commencement of war
-o sch thing as attempted treasonA mere attempt consmmates the crime
Giving aid or comfort material element, enhances forces of the enem$
contr$. %cts which strengthen or tend to strengthen the enem$ in the condct
of war against the traitor<s contr$ or that which wea>en and tend to wea>en
the power of the same.
Example' Cinancing arms procrement of enem$ contr$. /t giving of shelter is not
necessaril$ ;giving aid and comfort.=
%dherence and giving aid or comfort mst concr together. %dherence' when a
citi?en intellectall$ or emotionall$ favors the enem$ and harbors convictions
dislo$al to his contr$<s polic$. /t membership in the police force dring the
occpation is -.T treason.
Example' Giving information to, or commandeering foodstffs for the enem$.
%dherence ma$ be proved b$' B1@ one witnessA B2@ from the natre of the act
itselfA B3@ from the circmstances srronding the act.
Treason is a 6.-T9-)9-G 65923. 3ven after the war, offender can be
prosected.
9f $o convict a person for treason b$ reason of irresistible force or
ncontrollable fear, $o ma$ se %rt.12. -o treason throgh negligence
&hen >illings and other common crimes are charged as overt act of treason,
the$ cannot be regarded as B1@ separate crimes or B2@ as comple! with treason.
Article 11$
CONS%IRACY TO COMMIT TREASON
ELEMENTS:
1. 9n time of war
2. 2 or more persons come to an agreement to
1. lev$ war against the government, or
2. adhere to the enemies and to give them aid or comfort,
1. The$ decide to commit it
3L323-T1 .C P5.P.1%L T. 6.229T T53%1.-
1. 9n time of war
2. % person who has decided to lev$ war against the government, or to adhere to
the enemies and to give them aid or comfort, proposes its e!ection to some
other personEs.
2ere agreement and decisions to commit treason is pnishable
2ere proposal even withot acceptance is pnishable too. 9f the other accepts,
it is alread$ conspirac$.
Article 11&
MIS%RISION OF TREASON
ELEMENTS:
1. That the offender mst be owing allegiance to the government, and not a
foreigner
2. That he has >nowledge of an$ conspirac$ Bto commit treason@ against the
government
3. That he conceals or does not disclose and ma>e >nown the same as soon as
possible to the governor or fiscal of the province or the ma$or or fiscal of the
cit$ in which he resides
.ffender is pnished as an accessor$ to the crime of treason
This crime does not appl$ if the crime of treason is alread$ committed
6rime of omission
;To report within a reasonable time= depends on time, place and
circmstance the 5P6 did not fi! time.
5P6 states 4 individals, what if $o report to some other high7ran>ing
government official, 3!. P-P :irector, Fdge Pimentel sa$s an$ gov<t official
of the :9LG is .8.
Article 11'
Es#iona(e )* enterin(+ ,it"ot at"orit* t"ere-or+ ,ars"i#+ -ort+ or na.al or
/ilitar* esta)lis"/ents or reser.ation to o)tain an* in-or/ation+ #lans+
#"oto(ra#"s or ot"er 0ata o- a con-i0ential natre relati.e to t"e 0e-ense o- t"e
%"ili##ines.
ELEMENTS:
1. 1. That the offender enters an$ of the places mentioned therein
1. 2. That he has no athorit$ thereforeA
2. That his prpose is to obtain information, plans, photographs or other data of a
confidential natre relative to the defense of the Philippines
3spionage b$ disclosing to the representative of a foreign nation the contents of the
articles, data, or information referred to in paragraph 1 of %rticle 11G, which he had
in his possession b$ reason of the pblic office holds
1. ELEMENTS: That the offender is a pblic officer
2. That he has in his possession the articles, data or information referred to in par
1 of art 11G, b$ reason of the pblic office he holds
3. That he discloses their contents to a representative of a foreign nation
Prpose' to gather data
3spionage' the offense of gathering, transmitting, or losing information
respecting the national defense with the intent or reason to believe that the
information is to be sed to the inDr$ of the Philippines or the advantage of
an$ foreign nation. 9t is not conditioned on citi?enship.
-ot necessar$ that Philippines is at war with the contr$ to which the
information was revealed. &hat is important is that the information related is
connected with the defense s$stem of the Philippines.
&iretapping is -.T espionage if the prpose is not something connected with
the defense
1ee 6% #1#
II. CRIMES AGAINST LAWS OF
NATIONS

Article 111
INCITING TO 2AR OR GI3ING MOTI3ES FOR RE%RISALS
ELEMENTS:
1. That the offender performs nlawfl or nathori?ed acts
2. That sch acts provo>e or give occasion for a war involving or liable to
involve the Philippines or e!pose Cilipino citi?ens to reprisals on their persons
or propert$
6rime is committed in time of peace, intent is immaterial
9nciting to war offender is an$ person
5eprisals is not limited to militar$ action, it cold be economic reprisals, or
denial of entr$ into their contr$. Example. ( brns 6hinese flag. 9f 6hina
bans the entr$ of Cilipinos into 6hina, that is alread$ reprisal.
Article 114
3IOLATION OF NEUTRALITY
ELEMENTS:
1. That there is war in which the Philippines is not involved
2. That there is a reglation issed b$ competent athorit$ for the prpose of
enforcing netralit$
3. That the offender violates sch reglation
Gov<t mst have declared the netralit$ of the Phil in a war between 2 other
contries
9t is netralit$ of the Phil that is violated
6ongress has the right to declare netralit$

Article 156
CORRES%ON7ENCE 2IT8 8OSTILE COUNTRY
ELEMENTS:
1. That it is in time of war in which the Philippines is involved
2. That the offender ma>es correspondence with an enem$ contr$ or territor$
occpied b$ enem$ troops
3. That the correspondence is either
1. prohibited b$ the government, or
2. carried on in ciphers or conventional signs, or
3. containing notice or information which might be sefl to the enem$
6ircmstances 0alif$ing the offense'
a. notice or information might be sefl to the enem$
b. offender intended to aid the enem$
Hostile contr$ e!ist onl$ dring hostilities or after the declaration of war
6orrespondence to enem$ contr$ correspondence to officials of enem$
contr$ even if related to $o.
9t is not correspondence with private individal in enem$ contr$
9f ciphers were sed, no need for prohibition
9f ciphers were not sed, there is a need for prohibition
9n an$ case, it mst be correspondence with the enem$ contr$
:oesn<t matter if correspondence contains innocent matters if prohibited,
pnishable
Article 151
FLIG8T TO ENEMY9S COUNTRY

ELEMENTS
1. That there is a war in which the Philippines is involved
2. That the offender BCilipino or resident alien@ mst be owing allegiance to the
government
3. That the offender attempts to flee or go to enem$ contr$
4. That going to enem$ contr$ is prohibited b$ competent athorit$
2ere attempt consmmates the crime
There mst be a prohibition. 9f none, even if went to enem$ contr$ no
violation
%lien resident ma$ be gilt$ here.
Article 155
%IRACY
2 &a$s of 6ommitting Pirac$
1. /$ attac>ing or sei?ing a vessel on the high seas or in the Philippine waters
BP: "32@
2. /$ sei?ing the whole or part of the cargo of said vehicles, its e0ipment or
personal belongings of its complement or passengers
Ele/ents:
1. That a vessel is on the high seasEPhilippine waters
2. That the offenders are not members of its complement or passengers of the
vessel
3. That the offenders
1. attac> or sei?e that vessel or Bhence, if committed b$ crew or
passengers, the crime is not pirac$ bt robber$ in the high seas@
2. sei?e the whole or part of the cargo of said vessel, its e0ipment or
personal belongings of its complement or passengers
High seas' an$ waters on the sea coast which are withot the bondaries of the
low water mar> althogh sch waters ma$ be in the Drisdictional limits of a
foreign gov<t
P: "32 has been alread$ repealed
Pirac$ in high seas Drisdiction is with an$ cort where offenders are fond
or arrested
Pirac$ in internal waters Drisdiction is onl$ with Philippine corts
Cor prpose of %nti7Cencing Law, pirac$ is part of robber$ and theft
%irac* Mtin*
5obber$ or forcible degradation on the
high seas, withot lawfl athorit$ and
done with animo frandi and in the spirit
and intention of niversal hostilit$.
)nlawfl resistance to a sperior officer, or
the raising of commotion and distrbances on
board a ship against the athorit$ of its
commander
9ntent to gain is an element.
%ttac> from otside. .ffenders are
strangers to the vessel. Bthis is the
standing rle with the repeal of P: "32
which made it possible for an$ person to
commit pirac$ inclding a passenger or
complement of the vessel@.
%ttac> from the inside.

Article 15:
;UALIFIE7 %IRACY
CIRCUMSTANCES:
1. &henever the$ have sei?ed a vessel b$ boarding or firing pon the same
2. &henever the pirates have abandoned their victims withot means of saving
themselves
3. &henever the crime is accompanied b$ mrder, homicide, ph$sical inDries, or
rape. Bthe above ma$ reslt to 0alified mtin$@
ParricideEinfanticide shold be inclded BFdge Pimentel@
-ote the new rape law. :eath is imposed in certain t$pes of rape
There is a conflict between this provision and the provision on rape. 3!. 9f
rape is committed on someone below G death nder the new rape law. /t if
rape committed on someone below G dring the time of pirac$ 5P to death.
9rreconcilable.
2rderErapeEhomicideEph$sical inDries mst have been committed on the
passengers or complement
TITLE T2O

I. CRIMES AGAINST T8E FUN7AMENTAL LA2S OF T8E STATE
Classes o- Ar)itrar* 7etention:
1. /$ detaining a person withot legal grond
2. :ela$ in the deliver$ of detained persons to the proper Ddicial athorities
3. :ela$ing release

Article 154
AR<ITRARY 7ETENTION
ELEMENTS:
1. That the offender is a pblic officer or emplo$ee Bwhose official dties inclde
the athorit$ to ma>e an arrest and detain personsA Drisdiction to maintain
peace and order@.
2. That he detains a person Bactal restraint@.
3. That the detention was withot legal gronds Bcannot be committed if with
warrant@.
:etention' when a person is placed in confinement or there is a restraint on his
person.
Thogh the elements specif$ that the offender be a pblic officer or emplo$ee,
private individals who conspire with pblic officers can also be liable.
Legal gronds for the detention of an$ person'
&ithot legal gronds'
8now gronds for warrantless arrest'
Cor escaped prisoner no need for warrant
Rolito Go v. CA is an e!ample of arbitrar$ detention BFdge Pimentel@
Example: * was >illed b$ n>nown assailant. .fficers got a tip and arrested (.
( volntaril$ admitted to the officers that he did it althogh he was not as>ed.
( was detained immediatel$. %ccording to the 16, there was -. arbitrar$
detention. &h$, /ecase once ( made a confession, the officers had a right
to arrest him.
6ontining crime is different from a continos crime
Ramos v. Enrile' 5ebels later on retire. %ccording to the 16, once $o have
committed rebellion and have not been pnished or amnestied, then the rebels
contine to engage in rebellion, nless the rebels renonce his affiliation.
%rrest can be made withot a warrant becase this is a contining crime.
1. commission of a crime
2. violent insanit$ or other ailment re0iring complsor$ confinement of the
patient in a hospital
1. he has not committed an$ crime or no reasonable grond of sspicion that he
has committed a crime
2. not sffering from violent insanit$ or an$ other ailment re0iring complsor$
confinement in a hospital
1. 6rime is abot to be, is being, has been committed
2. .fficer mst have reasonable >nowledge that the person probabl$ committed
the crime

Article 15$
7ELAY IN T8E 7ELI3ERY OF 7ETAINE7 %ERSONS
ELEMENTS:
1. That the offender is a pblic officer or emplo$ee
2. That he has detained a person for some legal gronds
3. That he fails to deliver sch person to the proper Ddicial athorit$ within'
1. 12 hors, if detained for crimesEoffenses pnishable b$ light penalties, or their
e0ivalent
2. 1I hors, for crimesEoffenses pnishable b$ correctional penalties, or their
e0ivalent or
3. 3# hors, for crimesEoffenses pnishable b$ capital pnishment or afflictive
penalties, or their e0ivalent
5eall$ means dela$ in filing necessar$ information or charging of person
detained in cort. 2a$ be waived if a preliminar$ investigation is as>ed for.
:oes not contemplate actal ph$sical deliver$ bt at least there mst be a
complaint filed. :t$ complied with pon the filing of the complaint with the
Ddicial athorit$ Bcorts, prosectors thogh technicall$ not a Ddicial
athorit$, for prposes of this article, he<s considered as one.@
The filing of the information in cort does not cre illegalit$ of detention.
-either does it affect the legalit$ of the confinement nder process issed b$
the cort.
To escape from this, officers sall$ as> accsed to e!ecte a waiver which
shold be nder oath and with assistance of consel. 1ch waiver is not
violative of the accsed constittional right.
&hat is length of waiver, Light offense " da$s. 1erios and less serios
offenses G to 1J da$s. BFdge Pimentel@
%rticle does not appl$ when arrest is via a warrant of arrest
9f offender is a private person, crime is illegal detention
Ar)itrar* 7etention =154> 7ela* in 7eli.er* o- 7etaine0 =15$>
:etention is illegal from the beginning. :etention is legal in the beginning, bt
illegalit$ starts from the e!piration of the
specified periods withot the persons
detained having been delivered to the
proper Ddicial athorit$.

Article 15&
7ELAYING RELEASE
ELEMENTS:
2. That there is a Ddicial or e!ective order for the release of a prisoner or
detention prisoner, or that there is a proceeding pon a petition for the
liberation of sch person
3. That the offender withot good reason dela$s'
1. the service of the notice of sch order to the prisoner, or
2. the performance of sch Ddicial or e!ective order for the release of
the prisoner, or
3. the proceedings pon a petition for the release of sch person
Three acts are pnishable'
&ardens and Dailers are the persons most li>el$ to violate this provision
Provision does not inclde legislation
1. dela$ing the performance of a Ddicial or e!ective order for the release of a
prisoner
2. dela$ing the service of notice of sch order to said prisoner
3. dela$ing the proceedings pon an$ petition for the liberation of sch person

Article 15'
E?%ULSION
ELEMENTS:
2. That he e!pels an$ person from the Philippines, or compels a person to change
his residence
3. That the offender is not athori?ed to do so b$ law
2 acts pnishable'
1. b$ e!pelling a person from the Philippines
2. b$ compelling a person to change his residence
BThe crime of e!plsion absorbs that of grave coercion. 9f done b$ a private person,
will amont to grave coercion@
i.e.,Villavicencio v. Lukban' prostittes< case
:oes not inclde ndesirable aliensA destierroA or when sent to prison
9f ( BCilipino@ after he volntaril$ left, is refsed re7entr$ is considered
forcing him to change his address here
Threat to national secrit$ is not a grond to e!pel or change his address.

Article 151
3IOLATION OF 7OMICILE
ELEMENTS:
2. That he is not athori?ed b$ Ddicial order to enter the dwelling andEor to ma>e
a search therein for papers or other effects
3. That he commits an$ of the following acts'
1. entering an$ dwelling against the will of the owner thereof
2. searching papers or other effects fond therein withot the previos
consent of sch owner
3. refsing to leave the premises, after having srreptitiosl$ entered said
dwelling and after having been re0ired to leave the same
%ggravating 6ircmstance Bmedim and ma!imm of penalt$ imposed@'
9f the offender who enters the dwelling against the will of the owner thereof is
a private individal, the crime committed is trespass to dwelling B%rt 2IJ@
&hen a pblic officer searched a person ;otside his dwelling= withot a
search warrant and sch person is not legall$ arrested for an offense, the crime
committed b$ the pblic officer is grave coercion, if violence or intimidation
is sed B%rt 2I#@, or nDst ve!ation, if there is no violence or intimidation
B%rt 2IG@
% pblic officer withot a search warrant cannot lawfll$ enter the dwelling
against the will of the owner, even if he >new that someone in that dwelling is
having nlawfl possession of opim
3 acts pnishable'
;/eing athori?ed b$ law= means with search warrant, save himself or do
some things good for hmanit$
There mst be e!pression that entr$ is denied or that he is as>ed to leave
Papers and effects need not be part of a crime.
1. offense committed at nighttime
2. papers or effects not constitting evidence of a crime be not retrned
immediatel$
1. person enters dwelling wEo consent or against the will
2. person enters and searches for papers and effects
3. person entered secretl$ and refses to leave after being as>ed to

Article 154
SEARC8 2ARRANTS MALICIOUSLY O<TAINE7
ELEMENTS:
2. That he procres a search warrant
3. That there is no Dst case
A<USE IN T8E SER3ICE OF 2ARRANT OR E?CEE7ING AUT8ORITY
OR USING UNNECESSARY SE3ERITY IN E?ECUTING A SEARC8
2ARRANT LEGALLY %ROCURE7
ELEMENTS:
2. That he has legall$ procred a search warrant
3. That he e!ceeds his athorit$ or ses nnecessar$ severit$ in e!ecting the
same
1earch warrant is valid for 1J da$s from its date
1earch warrant is an order in writing issed in the name of the People, signed
b$ the Ddge and directed to a pblic officer, commanding him to search for
personal propert$ described therein and bring it before the cort
-o Dst case warrant is nDstified
1earch limited to what is described in the warrant, all details mst be with
particlarit$
2alicios warrant. 3!ample. ( was a respondent of a search warrant for
illegal possession of firearms. % retrn was made. The gn did not belong to (
and the witness had no personal >nowledge that there is a gn in that place.
%bse e!amples'
1. ( owner was handcffed while search was going7on.
2. Tan> was sed to ram gate prior to annoncement that a search will be made
3. Persons who were not respondents were searched

Article 1:6
ELEMENTS OF SEARC8ING 7OMICILE 2IT8OUT 2ITNESSES:
2. That he is armed with a search warrant legall$ procred
3. That he searches the domicile, papers or other belongings of an$ person
4. That the owner, or an$ member of his famil$, or two witnesses residing in the
same localit$ are not present
.rder of those who mst witness the search'
4alidit$ of the search warrant can be 0estioned onl$ in 2 corts' where issed
or where the case is pending. Latter is preferred for obDective determination.
1. Homeowner
2. 2embers of the famil$ of sfficient age and discretion
3. 5esponsible members of the commnit$ Bcan<t be inflenced b$ the searching
part$@

Article 1:1
%RO8I<ITION+ INTERRU%TION+ AN7 7ISSOLUTION OF %EACEFUL
MEETINGS
ELEMENTS:
1. .ffender is a pblic officer or emplo$ee
2. He performs an$ of the ff. acts'
1. prohibiting or interrpting, withot legal grond the holding of a peacefl
meeting, or dissolving the same Be.g. denial of permit in arbitrar$ manner@.
2. hindering an$ person from Doining an$ lawfl association or from attending
an$ of its meetings
prohibiting or hindering an$ person from addressing, either alone or together
with others, an$ petition to the athorities for the correction of abses or
redress of grievances
9f the offender is a private individal, the crime is distrbance of pblic order
B%rt 1"3@
2eeting mst be peacefl and there is no legal grond for prohibiting,
dissolving or interrpting that meeting
2eeting is sbDect to reglation
.ffender mst be a stranger, not a participant, in the peacefl meetingA
otherwise, it<s nDst ve!ation
9nterrpting and dissolving a meeting of the mnicipal concil b$ a pblic
officer is a crime against the legislative bod$, not pnishable nder this article
The person tal>ing on a prohibited sbDect at a pblic meeting contrar$ to
agreement that no spea>er shold toch on politics ma$ be stopped
/t stopping the spea>er who was attac>ing certain chrches in pblic
meeting is a violation of this article
Prohibition mst be withot lawfl case or withot lawfl athorit$
Those holding peacefl meetings mst compl$ with local ordinances.
3!ample' .rdinance re0ires permits for meetings in pblic places. /t if
police stops a meeting in a private place becase there<s no permit, officer is
liable for stopping the meeting.

Article 1:5
INTERRU%TION OF RELIGIOUS 2ORS8I%
ELEMENTS:
1. That the officer is a pblic officer or emplo$ee
2. That religios ceremonies or manifestations of an$ religion are abot to ta>e
place or are going on
3. That the offender prevents or distrbs the same
6ircmstance 0alif$ing the offense' if committed with violence or threats
5eading of /ible and then attac>ing certain chrches in a pblic pla?a is not a
ceremon$ or manifestation of religion, bt onl$ a meeting of a religios sect.
/t if done in a private home, it<s a religios service
5eligios &orship' people in the act of performing religios rites for a
religios ceremon$A a manifestation of religion. 3!. 2ass, baptism, marriage
(, a private person, bo!ed a priest while the priest was giving homil$ and
while the latter was maligning a relative of (. 9s ( liable, ( ma$ be liable
nder %rt 133 becase ( is a private person.
&hen priest is solemni?ing marriage, he is a person in athorit$, althogh in
other cases, he<s not.

Article 1::
OFFEN7ING RELIGIOUS FEELINGS
ELEMENTS:
1. That the acts complained of were performed
1. in a place devoted to religios feelings, or Bfor this element, no need of
religios ceremon$, onl$ the place is material@
2. dring the celebration of an$ religios ceremon$
2. That the acts mst be notoriosl$ offensive to the feelings of the faithfl
Bdeliberate intent to hrt the feelings@
3. The offender is an$ person
4. There is a deliberate intent to hrt the feelings of the faithfl, directed against
religios tenet
9f in a place devoted to religios prpose, there is no need for an ongoing
religios ceremon$
3!ample of religios ceremon$ Bacts performed otside the chrch@.
Processions and special pra$ers for br$ing dead persons bt -.T pra$er
rallies
%cts mst be directed against religios practice or dogma or rital for the
prpose of ridicle, as moc>ing or scoffing or attempting to damage an obDect
of religios veneration
There mst be deliberate intent to hrt the feelings of the faithfl, mere
arrogance or rdeness is not enogh.
CRIME Natre o- Cri/e 2"o are Lia)le I- Ele/ent Missin(
Prohibition,
9nterrption and
:issoltion of
Peacefl 2eeting
B131@
6rime against the
fndamental law of
the state
Pblic officers,
.tsiders
9f not b$ pblic officer K
tmlts
9nterrption of
5eligios &orship
B132@
6rime against the
fndamental law of
the state
Pblic officers,
.tsiders
9f b$ insider K nDst
ve!ation
9f not religios K tmlt or
alarms
9f not notoriosl$ offensive
K nDst ve!ation
.ffending the
5eligios Ceeling
B133@
6rime against pblic
order
Pblic officers,
private persons,
otsiders
9f not tmlts K alarms and
scandal
9f meeting illegal at onset K
inciting to sedition or
rebellion
TITLE T8REE
I. CRIMES AGAINST %U<LIC OR7ER
Article 1:4
RE<ELLION OR INSURRECTION
ELEMENTS:
1. That there be
1. pblic prising and
2. ta>ing arms against the government BforceEviolence@
2. That the prpose of the prising or movement is either
1. to remove from the allegiance to said government or its laws
1. i. the territor$ of the Philippines or an$ part thereof, or
ii. an$ bod$ of land, naval or other armed forces, or
2 To deprive the chief e!ective or congress, wholl$ or partiall$, of an$ of their
powers or prerogatives
Persons liable for rebellion
1. %n$ person who'
1. promotes
2. maintains, or
3. heads a rebellion or insrrectionA or
2. %n$ person who, while holding an$ pblic office or emplo$ment, ta>es part
therein b$'
1. engaging in war against the forces of the government
2. destro$ing propert$ or committing serios violence
3. e!acting contribtions or diverting pblic fnds from the lawfl prpose for
which the$ have been appropriated B-ote' ;diverting pblic fnds= is
malversation absorbed in rebellion@A
4. %n$ person merel$ participating or e!ecting the command of others in
rebellion
1ccess is immaterial, prpose is alwa$s political
5ebellion sed where the obDect of the movement is completel$ to overthrow
and spersede the e!isting government
9nsrrection refers to a movement which see>s merel$ to effect some change
of minor importance to prevent the e!ercise of gov<t athorit$ wE respect to
particlar matters or sbDects
%ctal clash of arms wE the forces of the gov<t, not necessar$ to convict the
accsed who is in conspirac$ wE others actall$ ta>ing arms against the gov<t
Prpose of the prising mst be shown bt it is not necessar$ that it be
accomplished
% change of government wEo e!ternal participation
5919-G P)/L96L* and T%89-G %521 %G%9-1T G.435-23-T
actal participation. 9f there is no pblic prising, the crime is of direct
assalt.
2ere giving of aid or comfort is not criminal in the case of rebellion. 2erel$
s$mpathi?ing is not participation, there mst be %6T)%L participation
-ot necessar$ that there is >illing, mere threat of removing Phil is sfficient
5ebellion cannot be comple!ed with an$ other crime. However, illegal
possession of firearms in frtherance of rebellion is distinct from the crime of
rebellion. Crthermore, it is a contining crime sch along with the crime of
conspirac$ or proposal to commit sch
% private crime ma$ be committed dring rebellion. 3!amples' >illing,
possessions of firearms, illegal association are absorbed. 5ape, even if not in
frtherance of rebellion cannot be comple!ed
9f >illing, robbing were done for private prposes or for profit, withot an$
political motivation, the crime wold be separatel$ be pnished and wold not
be embraced b$ rebellion BPeople v. Fernando@
5ead People v. ernande! and Enrile v. "ala!ar
Person deemed leader of rebellion in case he is n>nown'
%n$ person who in fact'
1. directed the others
2. spo>e for them
3. signed receipts and other docments issed in their name
4. performed similar acts on behalf of the rebels

Article 1:4@A
COU% 7 E9TAT
ELEMENTS:
1. 1wift attac>
2. %ccompanied b$ violence, intimidation, threat, strateg$ or stealth
3. :irected against'
4. dl$ constitted athorities
". an$ militar$ camp or installation
#. commnication networ>s or pblic tilities
1. other facilities needed for the e!ercise and contined possession of
power
G. 1ingl$ or simltaneosl$ carried ot an$where in the Philippines
1. 6ommitted b$ an$ person or persons belonging to the militar$ or
police or holding an$ pblic office or emplo$mentA with or withot
civilian spport or participation
I. &ith or withot civilian spport or participation
L. Prpose of sei?ing or diminishing state power
6rime ma$ be committed b$ a single person, an$ government emplo$ee and
even b$ civilian
Ta>ing p of arms not even necessar$, what is important is violence, threat,
intimidation, strateg$ or stealth
Treason =114> Re)ellion =1:4> Co# 09etat
=1:4@A>
Se0ition =1:4>
Natre o-
C
ri
/
e
6rime against
-ational 1ecrit$
6rime against
Pblic .rder
6rime against
Pblic .rder
6rime against Pblic
.rder
O.ert
A
ct
s
lev$ing war
against the gov<tA
.5
adherence and
giving aid or
comfort to enemies
Pblic prising
%-:
Ta>ing p arms
against the gov<t
1ee article. 5ising pblicl$ or
tmltosl$ Bcased
b$ more than 3
armed men or
provided with means
of violence@
Prpose of
obDective
:eliver the gov<t
to enem$ dring
war
1ee article. 1ei?ing or
diminishing
state power.
1ee enmeration in
article.

Article 1:$
%enalties
2"o are lia)leA
1. %n$ person who'
1. Promotes
2. 2aintains
3. heads a rebellion or insrrection
4. engaging in war against the forces of the gov<t
". destro$ing propert$ or committing serios violence
#. e!acting contribtions or diverting pblic fnds from the lawfl prpose for
which the$ have been appropriated
2. %n$ person who, while holding an$ pblic office or emplo$ment, ta>es part
therein
3. %n$ person merel$ participating or e!ecting the command of other in a
rebellion.
In Go.ern/ent Ser.ice Not in Go.ern/ent Ser.ice
%n$one who leads, directs, commands
others to nderta>e a cop.
%n$one who participates or in an manner,
spports, finances, abets, aids in a cop.
1erios violence is that inflicted pon civilians, which ma$ reslt in homicide.
9t is not limited to hostilities against the armed force.
:iverting pblic fnds is malversation absorbed in rebellion
1. Pblic officer mst ta>e active part becase mere silence or omission not
pnishable in rebellion
2. 9t is not a defense in rebellion that the accsed never too> the oath of
allegiance to, or that the$ never recogni?ed the government
3. 5ebellion cannot be comple!ed with mrder and other common crimes
committed in prsance of the movement to overthrow the government
4. 8illing, robbing etc for private persons or for profit, withot an$ political
motivation, wold be separatel$ pnished and wold not be absorbed in the
rebellion.

Article 1:&
CONS%IRACY TO COMMIT RE<ELLION OR INSURRECTION
ELEMENTS:
1. 2 more persons come to an agreement to rise pblicl$ and ta>e arms against
the government
2. Cor an$ of the prposes of rebellion
3. The$ decide to commit it
%RO%OSAL TO COMMIT RE<ELLION OR INSURRECTION =1:&>
ELEMENTS:
.rgani?ing a grop of soldiers, soliciting membership in, and soliciting fnds
for the organi?ation show conspirac$ to overthrow the gov<t
The mere fact of giving and rendering speeches favoring 6ommnism wold
not ma>e the accsed gilt$ of conspirac$ if there<s no evidence that the
hearers then and there agreed to rise p in arms against the gov<t
6onspirac$ mst be immediatel$ prior to rebellion
9f it is dring the rebellion, then it is alread$ ta>ing part in it.
1. % person who has decided to rise pblicl$ and ta>e arms the government
2. Cor an$ of the prposes of rebellion
3. Proposes its e!ection to some other personEs

Article 1:'
7ISLOYALTY OF %U<LIC OFFICERS AN7 EM%LOYEES
ELEMENTS:
Prespposes e!istence of rebellion
2st not be in conspirac$ with rebels or cop plotters
9f there are means to prevent the rebellion bt did not resist it, then there<s
dislo$alt$. 9f there are no means, no falt
9f position is accepted in order to protect the people, not covered b$ this
The collaborator mst not have tried to impose the wishes of the rebels of the
people.
1. Cailing to resist rebellion b$ all the means in their power
2. 6ontining to discharge the dties of their offices nder the control of rebels
3. %ccepting appointment to office nder rebels

Article 1:1
INCITING TO RE<ELLION OR INSURRECTION
ELEMENTS:
1. That the offender does not ta>e arms or is not in open hostilit$ against the
government
2. That he incites others to the e!ection of an$ of the acts of rebellion
3. That the inciting is done b$ means of speeches, proclamations, writings,
emblems, banners or other representations tending to the same end
9ntentionall$ calclated to sedce others to rebellion
There mst be prising to ta>e p arms and rise pblicl$ for the prposes
indicated in %rt 134
%ro#osal to Co//it Re)ellion =1:&> Incitin( to Re)ellion =1:1>
The person who proposes has decided to
commit rebellion.
-ot re0ired that the offender has decided
to commit rebellion.
The person who proposes the e!ection of
the crime ses secret means.
The inciting is done pblicl$.

Article 1:4
SE7ITION
ELEMENTS:
1. That the offenders rise
1. Pblicl$ Bif no pblic prising K tmlt and other distrbance of pblic order@
2. Tmltosl$ Bvis7M7vis rebellion where there mst be a ta>ing of arms@
3. to prevent the promlgation or e!ection of an$ law or the holding of an$
poplar election
4. to prevent the national government, or an$ provincial or mnicipal
government, or an$ pblic thereof from freel$ e!ercising its or his fnctions,
or prevent the e!ection of an$ administrative order
". to inflict an$ act or hate or revenge pon the person or propert$ of an$ pblic
officer or emplo$ee
#. to commit for an$ political or social end, an$ act of hate or revenge against
private persons or an$ social class Bhence, even private persons ma$ be
offended parties@
G. to despoil, for an$ political or social end, an$ person, mnicipalit$ or
province, or the national government of all its propert$ or an$ part thereof
2. That the$ emplo$ force, intimidation, or other means otside of legal methods
3. That the offenders emplo$ an$ of those means to attain an$ of the following
obDects'
1edition' raising of commotion or distrbances in the 1tate. 9ts ltimate obDect
is a violation of the pblic peace or at least sch measres that evidentl$
engenders it.
:ifference from rebellion obDect or prpose of the srprising. Cor sedition
sfficient that prising is tmltos. 9n rebellion there mst be ta>ing p of
arms against the government.
1edition prpose ma$ be either political or social. 9n rebellion alwa$s
political
Tmltos cased b$ more than 3 persons who are armed or provided with
means of violence
Preventing pblic officers from freel$ e!ercising their fnctions
9n sedition offender ma$ be a private or pblic person B3!. 1oldier@
Pblic prising and the obDect of sedition mst concr
N' %re common crimes absorbed in sedition, 9n P v. #mali, 16 held that -..
6rimes committed in that case were independent of each other.
Preventing election throgh legal means -.T sedition
/t when sgar farmers demonstrated and destro$ed the properties of sgar
barons sedition
Persons liable for sedition'
1. leader of the sedition, and
2. other persons participating in the sedition

Article 145
INCITING TO SE7ITION
ELEMENTS:
1. That the offender does not ta>e a direct part in the crime of sedition
2. That he incites others to the accomplishment of an$ of the acts which
constitte sedition B134@
3. That the inciting is done b$ means of speeches, proclamations, writing,
emblems, cartoons, banners, or other representations tending to the same end
Bprpose' case commotion not e!actl$ against the governmentA actal
distrbance not necessar$@
:ifferent acts of inciting to sedition'
&hen pnishable'
1. 9nciting others to the accomplishment of an$ of the acts which constitte
sedition b$ means of speeches, proclamations, writings, emblems etc.
2. )ttering seditios words or speeches which tend to distrb the pblic peace or
writing, pblishing, or circlating scrrilos Ovlgar, mean, libelosP libels
against the government or an$ of the dl$ constitted athorities thereof,
which tend to distrb the pblic peace
3. 8nowingl$ concealing sch evil practices
1. when the$ tend to distrb or obstrct an$ lawfl officer in e!ecting the
fnctions of his officeA or
2. when the$ tend to instigate others to cabal and meet together for nlawfl
prposes
3. when the$ sggest or incite rebellios conspiracies or riotsA or
4. when the$ lead or tend to stir p the people against the lawfl athorities or to
distrb the peace of the commnit$, the safet$ and order of the government

II. CRIMES AGAINST POPULAR
REPRESENTATION

Article 14:
ACTS TEN7ING TO %RE3ENT T8E MEETING OF CONGRESS AN7
SIMILAR <O7IES
ELEMENTS:
1. That there be a proDected or actal meeting of 6ongress or an$ of its
committees or sbcommittees, constittional commissions or committees or
division thereof, or of an$ provincial board or cit$ or mnicipal concil or
board
2. That the offender who ma$ be an$ persons prevents sch meeting b$ force or
frad
6hief of Police and ma$or who prevented the meeting of the mnicipal
concil are liable nder %rt 143, when the defect of the meeting is not
manifest and re0ires an investigation before its e!istence can be determined.

Article 144
7ISTUR<ANCE OF %ROCEE7INGS
ELEMENTS:
1. That there be a meeting of 6ongress or an$ of its committees, constittional
commissions or committees or divisions thereof, or of an$ provincial board or
cit$ or mnicipal concil or board
2. That the offender does an$ of the following acts
1. he distrbs an$ of sch meetings
2. he behaves while in the presence of an$ sch bodies in sch a manner
as to interrpt its proceedings or to impair the respect de it
6omplaint mst be filed b$ member of the Legislative bod$. %ccsed ma$
also be pnished for contempt.

Article 14$
3IOLATION OF %ARLIAMENTARY IMMUNITY
%cts pnishable'
1. /$ sing force, intimidation, threats, or frads to prevent an$ member of
6ongress from
1. attending the meeting of the assembl$ or an$ of its committees, constittional
commissions or committees or divisions thereof, or from
2. e!pressing his opinions or
3. casting his vote
2. /$ arresting or searching an$ member thereof while 6ongress is in a reglar
or special session, e!cept in case sch member has committed a crime
pnishable nder the code b$ a penalt$ higher than prision ma$or
Ele/ents:
2. That he arrests or searches an$ member of 6ongress
3. That 6ongress, at the time of arrest or search, is in a reglar or special session
4. That the member searched has not committed a crime pnishable nder the
code b$ a penalt$ higher than prision ma$or B1LIG constittion' privilege from
arrest while congress in session in all offenses pnishable b$ not more than #
$ears imprisonment@.
%rticle partl$ inoperative becase of the 1LIG 6onstittion

III. ILLEGAL ASSEMBLIES AND
ASSOCIATIONS

Article 14&
ILLEGAL ASSEM<LIES
Two B2@ T$pes of illegal assemblies'
a. Meetin( o- t"e -irst -or/
1. 2eeting, gathering or grop of persons whether in a fi!ed place or moving
2. prpose ' to commit an$ of crimes pnishable nder the code
3. meeting attended b$ armed persons
). Meetin( o- t"e secon0 -or/
1. 2eeting, gathering or grop of persons whether in a fi!ed place or moving
2. %dience whether armed or not, is incited to the commission of the crime of
treason, rebellion or insrrection, sedition or direct assalt.
-ot all the persons present at the meeting of the first form of illegal assembl$
mst be armed
Persons liable for illegal assembl$
5esponsibilit$ of persons merel$ present at the meeting
Presmptions if person present at the meeting carries an nlicensed firearm'
1. the organi?ers or leaders of the meeting
2. persons merel$ present at the meeting Be!cept when presence is ot of
criosit$ not liable@
1. if the$ are not armed, penalt$ is arresto ma$or
2. if the$ carr$ arms, li>e bolos or >nives, or licensed firearms, penalt$ is prision
correccional
1. prpose of the meeting is to commit acts pnishable nder the 5P6
2. considered as leader or organi?er of the meeting

Article 14'
ILLEGAL ASSOCIATIONS
ELEMENTS:
Persons liable'
1. .rgani?ed totall$ or partiall$ for the prpose of committing an$ of the crimes
in 5P6
2. .r for some prpose contrar$ to pblic morals
1. fonders, directors and president of the association
2. mere members of the association
Ille(al Asse/)l* =14&> Ille(al Association =14'>
2st be an actal meeting of armed persons
to commit an$ of the crimes pnishable
nder the 5P6, or of individals who,
althogh not armed, are incited to the
commission of treason, rebellion, sedition or
assalt pon a person in athorit$ of his
agent.
-o need for sch
9t is the meeting and the attendance at sch
that are pnished
%ct of forming or organi?ing and
membership in the association
Persons liable' leaders and those present Conders, directors, president and
members
IV. ASSAULT, RESISTANCE AND
DISOBEDIENCE

Article 141
7IRECT ASSAULT
ELEMENTS OF T8E 1
ST
FORM OF 7IRECT ASSAULT
1. That the offender emplo$s force or intimidation.
2. That the aim of the offender is to attain an$ of the prposes of the crime of
rebellion or an$ of the obDects of the crimes of sedition. Bvictim need not be
person in athorit$@
3. That there is no pblic prising.
ELEMENTS OF T8E 5
N7
FORM OF 7IRECT ASSAULT:
1. That the offender Ba@ ma>es an attac>, Bb@ emplo$s force, Bc@ ma>es a serios
intimidation, or Bd@ ma>es a serios resistance.
2. That the person assalted is a person in athorit$ or his agent.
3. That at the time of the assalt the person in athorit$ or his agent Ba@ is
engaged in the actal performance of official dties Bmotive is not essential@,
or that he is assalted Bb@ b$ reason of the past performance of official dties
Bmotive is essential@.
4. That the offender >nows that the one he is assalting is a person in athorit$ or
his agent in the e!ercise of his dties Bwith intention to offend, inDre or
assalt@.
". That there is no pblic prising.
%lwa$s comple!ed with the material conse0ence of the act Be.g. direct assalt
with mrder@ e!cept if reslting in a light felon$, in which case, the
conse0ence is absorbed
Hitting the policeman on the chest with fist is not direct assalt becase if
done against an agent of a person in athorit$, the force emplo$ed mst be of
serios character
The force emplo$ed need not be serios when the offended part$ is a person in
athorit$ Be!. La$ing of hands@
The intimidation or resistance mst be serios whether the offended part$ is an
agent onl$ or a person in athorit$ Be!. Pointing a gn@

Force E/#lo*e0 Inti/i0ationBResistance
Person in %thorit$
-eed not be serios 1erios
%gent
2st be of serios character 1erios
Person in athorit$' an$ person directl$ vested with Drisdiction Bpower or
athorit$ to govern and e!ecte the laws@ whether as an individal or as a
member of some cort or governmental corporation, board or commission
% baranga$ captain is a person in athorit$, so is a :ivision 1perintendent of
schools, President of 1anitar$ :ivision and a teacher
%gent' is one who, b$ direct provision of law or b$ election or b$ appointment
b$ competent athorit$, is charged with the maintenance of pblic order and
the protection and secrit$ of life and propert$. B3!ample. /arrio concilman
and an$ person who comes to the aid of the person in athorit$, policeman,
mnicipal treasrer, postmaster, sheriff, agents of the /95, 2alacaQang
confidential agent@
3ven when the person in athorit$ or the agent agrees to fight, still direct
assalt.
&hen the person in athorit$ or the agent provo>edEattac>ed first, innocent
part$ is entitled to defend himself and cannot be held liable for assalt or
resistance nor for ph$sical inDries, becase he acts in legitimate self7defense
There can be no assalt pon or disobedience to one athorit$ b$ another
when the$ both contend that the$ were in the e!ercise of their respective
dties.
&hen assalt is made b$ reason of the performance of his dt$ there is no
need for actal performance of his official dt$ when attac>ed
6ircmstances 0alif$ing the offense BNalified %ssalt@'
6omple! crime of direct assalt with homicide or mrder, or with serios
ph$sical inDries.
:irect assalt cannot be committed dring rebellion.
1. when the assalt is committed with a weapon
2. when the offender is a pblic officer or emplo$ee
3. when the offender la$s hand pon a person in athorit$
Article 144
IN7IRECT ASSAULT
ELEMENTS:
1. That a person in athorit$ or his agent is the victim of an$ of the forms of
direct assalt defined in %5T. 14I.
2. That a person comes to the aid of sch athorit$ or his agent.
3. That the offender ma>es se of force or intimidation pon sch person coming
to the aid of the athorit$ or his agent.
9ndirect assalt can be committed onl$ when a direct assalt is also committed
To be indirect assalt, the person who shold be aided is the agent Bnot the
person in athorit$ becase it is alread$ direct assalt, the person coming to
the aid of the person in athorit$ being considered as an agent and an attac> on
the latter is alread$ direct assalt@. 3!ample. %iding a policeman nder attac>.

Article 1$6
7ISO<E7IENCE TO SUMMONS
Acts #nis"a)le:
1. refsing withot legal e!cse to obe$ smmons
2. refsing to be sworn or placed nder affirmation
3. refsing to answer an$ legal in0ir$ to prodce boo>s, records etc.
4. restraining another from attending as witness in sch bod$
". indcing disobedience to a smmons or refsal to be sworn

Article 1$1
RESISTANCE 7ISO<E7IENCE TO A %ERSON IN AUT8ORITY OR T8E
AGENT OF SUC8 %ERSON =#ar. 1>
ELEMENTS:
1. That a person in athorit$ or his agent is engaged in the performance of
official dt$ or gives a lawfl order to the offender.
2. That the offender resists or seriosl$ disobe$s sch person in athorit$ or his
agent.
3. That the act of the offender is not inclded in the provisions of arts. 14I, 14L
and 1"J.
SIM%LE 7ISO<E7IENCE =#ar. 5>
ELEMENTS:
1. That an agent of a person in athorit$ is engaged in the performance of official
dt$ gives a lawfl order to the offender.
2. That the offender disobe$s sch agent of a person in athorit$.
3. That sch disobedience is not of a serios natre.
7irect Assalt =141> Resistant an0 7iso)e0ience to a %erson in
At"orit* or A(ents o- sc" %erson =1$1>
P9% or his agent mst be engaged in the
performance of official dties or that he
is assalted
P9% or his agent mst be in the actal
performance of his dties.
:irect assalt is committed in 4 wa$s
b$ attac>ing, emplo$ing force, and
seriosl$ resisting a P9% or his agent.
6ommitted b$ resisting or seriosl$
disobe$ing a P9% or his agent.
)se of force against an agent of P9%
mst be serios and deliberate.
)se of force against an agent of a P9% is not
so seriosA no manifest intention to def$ the
law and the officers enforcing it.
Article 1$5
%ERSONS IN AUT8ORITYBAGENTS OF %ERSONS IN AUT8ORITY:
Persons in %thorit$ an$ person directl$ vested with Drisdiction, whether as
an individal or as a member of some cort or governmental corporation,
board or commission.
1. /aranga$ captain
2. /aranga$ chairman
3. Teachers
4. Professors
". Persons charged with the spervision of pblic or dl$ recogni?ed private
schools, colleges and niversities
#. Law$ers in the actal performance of their professional dties or on the
occasion of sch performance
%gent of Person in %thorit$ an$ person who, b$ direct provision of law or
b$ election or b$ appointment b$ competent athorit$, is charged with the
maintenance of pblic order and the protection and secrit$ of life and
propert$.
1. /arrio concilman
2. /arrio policeman
3. /aranga$ leader
4. %n$ person who comes to the aid of persons in athorit$
1ection 3II of the Local Gov<t 6ode provides that ;for prposes of the 5P6,
the pnong baranga$, sanggniang baranga$ members and members of the
lpong tagapama$apa in each baranga$ shall be deemed as persons in
aut$orit% in their Drisdictions, while other baranga$ officials and members
who ma$ be designated b$ law or ordinance and charged with the maintenance
of pblic order, protection and the secrit$ of life, propert$, or the
maintenance of a desirable and balanced environment, and an$ baranga$
member who comes to the aid of persons in athorit$ shall be deemed AGE&'
o( persons in aut$orit%.

V. CRIMES AGAINST PUBLIC
DISORDERS

Article 1$:
TY%ES OF TUMULTS AN7 OT8ER 7ISTUR<ANCES OF %U<LIC
OR7ER:
1. 6asing an$ serios distrbance in a pblic place, office or establishment
2. 9nterrpting or distrbing pblic performances, fnctions, gatherings or
peacefl meetings, if the act is not inclded in %rt 131 and 132 BPblic
.fficers interrpting peacefl meetings or religios worship@.
3. 2a>ing an$ otcr$ tending to incite rebellion or sedition in an$ meeting,
association or pblic place
4. :ispla$ing placards or emblems which provo>e a distrbance of pblic order
in sch place
". /r$ing with pomp the bod$ of a person who has been legall$ e!ected.
9f the act of distrbing or interrpting a meeting or religios ceremon$ is -.T
committed b$ pblic officers, or if committed b$ pblic officers the$ are not
participants therein, this article applies. %rt 131 and 132 pnishes the same
acts if committed b$ pblic officers who are -.T participants in the meeting
The otcr$ is merel$ a pblic disorder if it is an nconscios otbrst which,
althogh rebellios or seditios in natre, is not intentionall$ calclated to
indce others to commit rebellion or sedition, otherwise, its inciting to
rebellion or sedition.
Tmltos if cased b$ more than 3 persons who are armed or provided
with means of violence Bcircmstance 0alif$ing the distrbanceEinterrption@
;tmltos in character=
Article 1$4
TY%ES OF UNLA2FUL USE OF MEANS OF %U<LICATION AN7
UNLA2FUL UTTERANCES:
1. Pblishing or casing to be pblished, b$ means of printing, lithograph$ or
an$ other means of pblication as news an$ false news which ma$ endanger
the pblic order, or case damage to the interest or credit of the 1tate.
2. 3ncoraging disobedience to the law or to the constitted athorities or b$
praising, Dstif$ing or e!tolling an$ act pnished b$ law, b$ the same means or
b$ words, tterances or speeches
3. 2aliciosl$ pblishing or casing to be pblished an$ official resoltion or
docment withot proper athorit$, or before the$ have been pblished
officiall$
4. Printing, pblishing or distribting or Bcasing the same@ boo>s, pamphlets,
periodicals or leaflets which do not bear the real printer<s name or which are
classified as anon$mos.

Article 1$$
TY%ES OF ALARMS AN7 SCAN7ALS:
1. :ischarging an$ firearm, roc>et, firecrac>er, or other e!plosive within an$
town or pblic place, calclated to case alarm or danger
2. 9nstigating or ta>ing active part in an$ charivari or other disorderl$ meeting
offensive to another or preDdicial to pblic tran0ilit$
3. :istrbing the pblic peace while wandering abot at night or while engaged
in an$ other noctrnal amsement
4. 6asing an$ distrbance or scandal in pblic places while into!icated or
otherwise, provided the act is not covered b$ %rt 1"3 Btmlt@.
6harivari moc> serenade or discordant noises made with >ettles, tin horns
etc, designed to deride, inslt or anno$
Cirearm mst not be pointed at a person, otherwise, it is illegal discharge
&hat governs is the reslt, not the intent
CRIME Natre o- Cri/e 2"o are Lia)le
Tmlts and other
:istrbances B1"3@
6rime against Pblic .rder Private persons,
otsider
%larms and 1candals B1""@ 6rime against Pblic .rder Private persons,
otsider

Article 1$&
ELEMENTS OF 7ELI3ERING %RISONERS FROM CAILS:
1. That there is a person confined in a Dail or penal establishment.
2. That the offender removes therefor sch person, or helps the escape of sch
person Bif the escapee is serving final Ddgement, he is gilt$ of evasion of
sentence@.
3. .ffender is a private individal
Prisoner ma$ be detention prisoner or one sentenced b$ virte of a final
Ddgment
% policeman assigned to the cit$ Dail as gard who while off7dt$ released a
prisoner is liable here
9t ma$ be committed throgh negligence
6ircmstances 0alif$ing the offense is committed b$ means of violence,
intimidation or briber$.
2itigating circmstance if it ta>es place otside the penal establishment b$
ta>ing the gards b$ srprise

VI. EVASION OF SENTENCE OR
SERVICE

Article 1$'
ELEMENTS OF E3ASION OF SER3ICE OF SENTENCE:
1. That the offender is a convict b$ final Ddgment.
2. That he is serving his sentence which consists in deprivation of libert$
Bdestierro inclded@
3. That he evades the service of his sentence b$ escaping dring the term if his
sentence. Bfact of retrn immaterial@.
% contining offense.
.ffenders not minor delin0ents nor detention prisoners
9f escaped within the 1" da$ appeal period no evasion
-o applicable to deportation as the sentence
Clims$ e!cse for violating destierro not acceptable
6ircmstances 0alif$ing the offense Bdone thr@'
1. nlawfl entr$ Bb$ ;scaling=@
2. brea>ing doors, windows, gates, walls, roofs or floors
3. sing pic>loc>s, false >e$s, disgise, deceit, violence or intimidation
4. connivance with other convicts or emplo$ees of the penal instittion

Article 1$1
ELEMENTS OF E3ASION OF SER3ICE OF SENTENCE ON T8E
OCCASION OF 7ISOR7ERS+ CONFLAGRATIONS+ EART8;UADES
OR OT8ER CALAMITIES:
1. That the offender is a convict b$ final Ddgement who is confined in a penal
instittion.
2. That there is disorder, reslting from7 1. conflagration,
2. earth0a>e,
3. e!plosion, or
4. similar catastrophe, or
". mtin$ in which he has not participated.
1. That the offender evades the service of his sentence b$ leaving the penal
instittion where he is confined, on the occasion of sch disorder or dring the
mtin$.
2. That the offender fails to give himself p to the athorities within 4I hors
following the insrance of a proclamation b$ the chief e!ective annoncing
the passing awa$ of sch calamit$.
Penalt$' an increase b$ 1E" of the time remaining to be served nder the
original sentence, in no case to e!ceed # months.
.ffender mst escape to be entitled to allowance
2tin$ organi?ed nlawfl resistance to a sperior officer, a sedition, a
revolt
:isarming the gards is not mtin$

Article 1$4
3IOLATION OF CON7ITIONAL %AR7ON
ELEMENTS:
1. That the offender was a convict.
2. That he was granted a conditional pardon b$ the chief e!ective.
3. That he violated an$ of the conditions of sch pardon.
6ondition e!tends to special laws violation of illegal voting
.ffender mst have been fond gilt$ of the sbse0ent offense before he can
be prosected nder this %rticle. /t if nder 5evised %dmin 6ode, no
conviction necessar$. President has power to arrest, reincarnate offender
withot trial.
3IOLATION OF %AR7ON OR7INARY E3ASION
9nfringement of conditionsEterms of
President
To evade the penalt$ given b$ the corts
distrbs the pblic order
T,o #enalties #ro.i0e0:
1. prision correccional in its minimm period if the penalt$ remitted does not
e!ceed # $ears
2. the ne!pired portion of his original sentence if the penalt$ remitted is
higher than # $ears

VII. COMMISSION OF ANOTHER
CRIME
Article 1&6
COMMISSION OF ANOT8ER CRIME 7URING SER3ICE OF %ENALTY
IM%OSE7 FOR ANOT8ER %RE3IOUS OFFENSE@%ENALTY: =quasi-
rei!i"is#>
ELEMENTS
1. That the offender was alread$ convicted b$ final Ddgement of one offense.
2. That he committed a new felon$ before beginning to serve sch sentence or
while serving the same.
Nasi7recidivism ' a person after having been convicted b$ final Ddgement
shall commit a new felon$ before beginning to serve sch sentence, or while
serving the same.
1econd crimes mst belong to the 5P6, not special laws. Cirst crime ma$ be
either from the 5P6 or special laws
5eiteracion' offender shall have served ot his sentence for the prior offense
% 0asi7recidivist ma$ be pardoned at age GJ. 3!cept' )nworth$ or Habital
:elin0ent
9f new felon$ is evasion of sentence offender is not a 0asi7recidivist
Penalt$' ma!imm period of the penalt$ for the new felon$ shold be imposed
Bmitigating circmstance can onl$ be appreciated if the ma!imm is divisible@
Nasi75ecidivism ma$ be offset b$ a special privileged mitigating
circmstance Be!. 2inorit$@
TITLE FOUR
I. CRIMES AGAINST PUBLIC
INTEREST

Article 1&1
TY%ES OF COUNTERFEITING GREAT SEAL OF GO3ERNMENT:
1. Corging the great seal of the Government
2. Corging the signatre of the President
3. Corging the stamp of the President
&hen the signatre of the President is forged, it is not falsification bt forging
of signatre nder this article
1ignatre mst be forged, others signed it not the President.

Article 1&5
USING FORGE7 SIGNATURE OR COUNTERFEIT SEAL OR
STAM%:
1. That the great seal of the repblic was conterfeited or the signatre or stamp
of the chief e!ective was forged b$ another person.
2. That the offender >new of the conterfeiting or forger$.
3. That he sed the conterfeit seal or forged signatre or stamp.
.ffender is -.T the forgerEnot the case of the conterfeiting

Article 1&:
ELEMENTS OF MADING AN7 IM%ORTING AN7 UTTERING
FALSE COINS:
1. That there be false or conterfeited coins Bneed not be legal tender@.
2. That the offender either made, imported or ttered sch coins.
3. That in case of ttering sch false or conterfeited coins, he connives with
conterfeiters or importers.
6oin is conterfeit if it is forged, or if it is not an article of the government
as legal tender, regardless if it is of no vale
6onterfeiting imitation of legal or genine coin Bma$ contain more silver,
different design@ sch as to deceive an ordinar$ person in believing it to be
genine
)tter to pass conterfeited coins, deliver or give awa$
9mport to bring to port the same
/oth Philippine and foreign state coins
%pplies also to coins withdrawn from circlation
3ssence of article' ma>ing of coins withot athorit$

Article 1&4
ELEMENTS OF MULTILATION OF COINS E IM%ORTATION AN7
UTTERANCE:
This has been repealed b$ P: 24G. )nder this P:, the acts pnishable are'
1. willfl defacement
2. mtilation
3. tearing
4. brning
". destrction of 6entral /an> notes and coins
2tilation to ta>e off part of the metal either b$ filling it or sbstitting it
for another metal of inferior 0alit$, to diminish b$ inferior means Bto
diminish metal contents@.
Coreign notes and coins not inclded. 2st be legal tender.
2st be intention to mtilate.

Article 1&$
SELLING OF FALSE OR MUTILATE7 COIN+ 2IT8OUT CONNI3ANCE
2 T$pes
1. Possession of coin, conterfeited or mtilated b$ another person, with intent to
tter the same, >nowing that it is false or mtilated.
ELEMENTS:
1. possession
2. with intent to tter, and
3. >nowledge
4. %ctall$ ttering sch false or mtilated coin, >nowing the same to be false or
mtilated.
ELEMENTS:
1. actall$ ttering, and
2. >nowledge.
Possession does not re0ire legal tender in foreign coins
9ncldes constrctive possession
5ead 5% 42G

Article 1&&
FORGING TREASURY OR <AND NOTES E IM%ORTING AN7 UTTERING
%cts pnishable'
1. Corging or falsit$ of treasr$Eban> notes or docments pa$able to bearer
2. 9mporting of sch notes
3. )ttering of sch false or forged obligations and notes in connivance with
forgers and importers
Corging b$ giving a treasr$ or ban> note or docment pa$able to
bearerEorder an appearance of a tre and genine docment
Calsification b$ erasing, sbstitting, conterfeiting or altering b$ an$ means
the figres and letters, words, signs contained therein
3.g. falsif$ing lotto or sweepsta>es tic>et. %ttempted estafa throgh
falsification of an obligation or secrit$ of the Phil
P-/ chec>s not inclded here it<s falsification of commercial docment
nder %rticle 1G2
.bligation or secrit$ incldes' bonds, certificate of indebtedness, bills,
national ban> notes, copons, treasr$ notes, certificate of deposits, chec>s,
drafts for mone$, sweepsta>es mone$

Article 1&'
ELEMENTS OF COUNTERFEITING+ IM%ORTING+ AN7 UTTERING
INSTRUMENTS NOT %AYA<LE TO <EARER:
1. That there be an instrment pa$able to order or other docment of credit not
pa$able to bearer.
2. That the offender either forged, imported or ttered sch instrments.
3. That in case of ttering, he connived with the forger or importer.

Article 1&1
ELEMENTS OF ILLEGAL %OSSESSION AN7 USE OF FALSE
TREASURY OR <AND NOTES AN7 OT8ER INSTRUMENT OF
CRE7IT:
1. That an$ treasr$ or ban> note or certificate or other obligation and secrit$
pa$able to bearer, or an$ instrment pa$able to order or other docment of
credit not pa$able to bearer is forged or falsified b$ another person.
2. That the offender >nows that an$ of those instrments is forged or falsified.
3. That he performs an$ of these acts
1. sing an$ of sch forged or falsified instrment, or
2. possessing with intent to se an$ of sch forged or falsified instrment.
%ct soght to be pnished' 8nowingl$ possessing with intent to se an$ of
sch forged treasr$ or ban> notes

Article 1&4
FORGERY
How forger$ is committed'
if all acts done bt genine appearance is not given, the crime is frstrated
1. b$ giving to a treasr$ or ban> note or an$ instrment pa$able to bearer or to
order, the appearance of a tre and genine docment
2. b$ erasing, sbstitting, conterfeiting, altering b$ an$ means the figres,
letters or words, or signs contained therein.

Article 1'6
ELEMENTS OF FALSIFICATION OF LEGISLATI3E 7OCUMENTS:
1. That these be a bill, resoltion or ordinance enacted or approved or pending
approval b$ the national assembl$ or an$ provincial board or mnicipal
concil.
2. That the offender Ban$ person@ alters the same.
3. That he has no proper athorit$ therefor.
4. That the alteration has changed the meaning of the docment.
%ccsed mst not be a pblic official entrsted with the cstod$ or possession
of sch docment otherwise %rt 1G1 applies.

Article 1'1
FALSIFICATION OF 7OCUMENTS <Y %U<LIC OFFICER+ EM%LOYEE+
OR NOTARY OR ECCLESTASTICAL MINISTER
ELEMENTS:
1. That the offender is a pblic officer, emplo$ee, or notar$ pblic.
2. That he ta>es advantage of his official position.
3. That he falsifies a docment b$ committing an$ of the following acts'
1. 6onterfeiting or imitating an$ handwriting, signatre or rbric.
ReFisites:
1. That there be an intent to imitate, or an attempt to imitate
2. That the two signatres or handwritings, the genine and the forged, bear
some resemblance, to each other
Blac> of similitdeEimitation of a genine signatre will not be a grond for
conviction nder par. 1 bt sch is not an impediment to conviction nder par.
2@
1. 6asing it to appear that persons have participated in an$ act or proceeding
when the$ did not in fact so participate.
2. %ttribting to persons who have participated in an act or proceeding
statements other than those in fact made b$ them.
ReFisites:
1. That the offender cased it to appear in a docment that a personEs participated
in an act or a proceedingA and
2. That sch personEs did not in fact so participate in the act or proceeding
3. 2a>ing ntrthfl statements in a narration of factsA
ReFisites:
1. That the offender ma>es in a docment statements in a narration of facts
2. That he has a legal obligation to disclose the trth of the facts narrated b$ himA
Bre0ired b$ law to be done@ and
3. That the facts narrated b$ the offender are absoltel$ falseA and
4. That the perversion or trth in the narration of facts was made with the
wrongfl intent of inDring a third person
There mst be a narration of facts, not a conclsion of law. 2st be on a
material matter
Legal obligation means that there is a law re0iring the disclosre of the trth
of the facts narrated. 3!. 5esidence certificates
The person ma>ing the narration of facts mst be aware of the falsit$ of the
facts narrated b$ him. This >ind of falsification ma$ be committed b$
omission
1. %ltering tre dates. date mst be essential
2. 2a>ing an$ alteration or intercalation in a genine docment which changes
its meaning.
ReFisites:
1. That there be an alteration Bchange@ or intercalation Binsertion@ on a docment
2. That it was made on a genine docment
3. That the alterationEintercalation has changed the meaning of the docment
4. That the change made the docment spea> something false.
". 9ssing in an athenticated form a docment prporting to be a cop$ of an
original docment when no sch original e!ists, or inclding in sch cop$ a
statement contrar$ to, or different from, that of the genine originalA Bif no
>nowledge, falsification throgh negligence@ or
#. 9ntercalating an$ instrment or note relative to the issance thereof in a
protocol, registr$, or official boo>. Bgenine docment@
G. 9n case the offender is an ecclesiastical minister, the act of falsification is
committed with respect to an$ record or docment of sch character that its
falsification ma$ affect the civil stats of persons.
There is no crime of attempted or frstrated falsification of pblic docment
Persons liable pblic officer, emplo$ee or notar$ pblic or ecclesiastical
minister
9f offender does not ta>e advantage of his pblic position, he ma$ still be
liable for falsification of docments b$ a private person
:ocment' an$ written statement b$ which a right is established or an
obligation is e!tingished
-ot necessar$ that what is falsified is a genine or real docment, enogh that
it gives an appearance of a genine article
6onterfeiting imitating an$ handwriting, signatre or rbric
Ceigning simlating a signatre, handwriting, or rbric ot of one of which
does not in fact e!ist

Article 1'5
FALSIFICATION OF %U<LIC+ OFFICIAL+ OR COMMERCIAL 7OCUMENT
<Y A %RI3ATE IN7I3I7UAL =#ar 1>
ELEMENTS
1. That the offender is a private individal or a pblic officer or emplo$ee who
did not ta>e advantage of his official position.
2. That he committed an$ of the acts of falsification enmerated in %5T. 1G1.
1. 6onterfeiting or imitating an$ handwriting, signatre or rbric.
2. 6asing it to appear that persons have participated in an$ act or
proceeding when the$ did not in fact so participated.
3. %ttribting to persons who have participated in an act or proceeding
statements other than those in fact made b$ them.
4. 2a>ing ntrthfl statements in a narration of factsA
". %ltering tre dates.
#. 2a>ing an$ alteration or intercalation in a genine docment which
changes its meaning.
G. That the falsification was committed in an$ pblic or official or
commercial docment.
)nder this paragraph, damage is not essential, it is presmed
:efense' lac> of malice or criminal intent
The following writings are pblic'
3!amples of commercial docments warehose receipts, airwa$ bills, ban>
chec>s, cash files, deposit slips and ban> statements, Dornals, boo>s, ledgers,
drafts, letters of credit and other negotiable instrments
6ash disbrsement vochers or receipts evidencing pa$ments are not
commercial docments
% mere blan> form of an official docment is not in itself a docment
The possessor of falsified docment is presmed to be the athor of the
falsification
1. the written acts or records of cats of the sovereign athorit$ of official bodies
and tribnals, and of the pblic officers, legislative, Ddicial and e!ective,
whether of the Philippines or of a foreign contr$.
2. Pblic records >ept in the Philippines.

FALSIFICATION UN7ER %ARAGRA%8 5 OF ART. 1'5. OF %RI3ATE
7OCUMENT
ELEMENTS :
1. That the offender committed an$ of the acts of falsification, e!cept those in
paragraph G and I, enmerated in art. 1G1.
2. That the falsification was committed in an$ private docment Bmst affect the
trth or integrit$ of the docment@
3. That the falsification cased damage Bessential elementA hence, no crime of
estafa ths falsification of private docment@ to a third part$ or at least the
falsification was committed with intent to case sch damage.
-ot necessar$ that the offender profited or hoped to profit from the
falsification
% docment falsified as a necessar$ means to commit another crime mst be
pblic, official or commercial
There is no comple! crime of estafa throgh falsification of a private
docment becase the immediate effect of the latter is the same as that of
estafa
9f the estafa was alread$ consmmated at the time of the falsification of a
private docment was committed for the prpose of concealing the estafa, the
falsification is not pnishable, becase as regards the falsification of the
private docment there was no damage or intent to case damage.
% private docment ma$ ac0ire the character of a pblic docment when it
becomes part of an official record and is certified b$ a pblic officer dl$
athori?ed b$ law
The crime is falsification of pblic docments even if falsification too> place
before the private docment becomes part of the pblic records.

USE OF FALSIFIE7 7OCUMENT =#ar. :+ art. 1'5>
ELEMENTS:
1. 9ntrodcing in a Ddicial proceeding'
1. That the offender >new that a docment was falsified b$ another person.
2. That the false docment is embraced in art. 1G1 or in an$ sbdivisions nos. 1
and 2 of art. 1G2.
3. That he introdced said docment in evidence in an$ Ddicial proceeding.
Bintent to case damage not necessar$@
4. that the offender >new that a docment was falsified b$ another person.
". That the false docment is embraced in art. 1G1 or in an$ of sbdivisions nos.
1 and 2 of art. 1G2.
#. That he sed sch docments Bnot in Ddicial proceedings@.
G. That the se of the docments cased damage to another or at least was sed
with intent to case sch damage.
2. )se in an$ other transaction
The ser of the falsified docment is deemed the athor of falsification, if'
1. the se is so closel$ connected in time with the falsification
2. the ser had the capacit$ of falsif$ing the docment

Falsi-ication o- %ri.ate 7oc/ents Falsi-ication o- %)licBO--icial 7oc/ents
PreDdice to third part$ is an element
of the offense.
PreDdice to third persons is immaterial, what is
pnished is the violation of pblic faith and
perversion of trth which the docment
proclaims.

Article 1':
FALSIFICATION OF 2IRELESS+ CA<LE+ TELEGRA%8+ AN7
TELE%8ONE MESSAGES+ AN7 USE OF SAI7 FALSIFIE7 MESSAGES
Acts #nis"a)le:
1. )ttering fictitios, wireless, telegraph or telephone message
5e0isites'
1. That the offender is an officer or emplo$ee of the government or an officer or
emplo$ee of a private corporation, engaged in the service of sending or
receiving wireless, cable or telephone message.
2. That the accsed commits an$ of the following acts'
7 ttering fictitios wireless, cable, telegraph, or telephone message, or
7 falsif$ing wireless, cable, telegraph, or telephone message
1. Falsi-*in( ,ireless+ tele(ra#" or tele#"one /essa(e
ReFisites:
1. That the offender is an officer or emplo$ee of the government or an officer or
emplo$ee of a private corporation, engaged in the service of sending or
receiving wireless, cable or telephone message.
2. That the accsed commits an$ of the following acts'
7 ttering fictitios wireless, cable, telegraph, or telephone message, or
7 falsif$ing wireless, cable, telegraph, or telephone message
1. Usin( sc" -alsi-ie0 /essa(e
ReFisites:
1. That the accsed >new that wireless, cable, telegraph, or telephone message
was falsified b$ an$ of the person specified in the first paragraph of art. 1G3.
2. That the accsed sed sch falsified dispatch.
3. That the se of the falsified dispatch reslted in the preDdice of a third part$,
or that the se thereof was with intent to case sch preDdice.
The pblic officer, to be liable mst be engaged in the service of sending or
receiving wireless, cable and telegraph or telephone message

Article 1'4
FALSIFICATION OF ME7ICAL CERTIFICATES+ CERTIFCATES OF
MERIT OR SER3ICE AN7 T8E LIDE:
%ersons lia)le:
1. Ph$sician or srgeon who, in connection with the practice of his profession,
issed a false certificate Bnote' sch certificate mst refer to the illness or
inDr$ of a person@
2. Pblic officer who issed a false certificate of merit of service, good condct
or similar circmstances
3. Private individal who falsified a certificate nder B1@ and B2@

Article 1'$
ELEMENTS OF USING FALSE CERTIFICATES:
1. That a ph$sician or srgeon has issed a false medical certificate, or a pblic
officer has issed a false certificate of merit or service, good condct, or
similar circmstances, or a private person had falsified an$ of said certificates.
2. That the offender >new that the certificate was false.
3. That he sed the same.

Article 1'&
MANUFACTURING AN7 %OSSESSION OF INTRUMENTS OR
IM%LEMENTS FOR FALSIFICATION:
Acts #nis"a)le:
1. 2a>ing or introdcing into the Philippines an$ stamps, dies or mar>s or other
instrments or implements for conterfeiting or falsification
2. Possessing with intent to se the instrments or implements for conterfeiting
or falsification made in or introdced into the Philippines b$ another person
The implement confiscated need not form a complete set
6onstrctive possession is also pnished

II. OTHER FALSITIES
Article 1''
USUR%ATION OF AUT8ORITY OR OFFICIAL FUNCTIONS:
5 ,a*s o- co//ittin( t"e cri/e:
1. /$ >nowingl$ and falsel$ representing oneself to be an officer, agent or
representative of an$ department or agenc$ of the Philippine gov<t or an$
foreign gov<t.
2. /$ performing an act pertaining to an$ person in athorit$ or pblic officer of
the Phil gov<t or foreign gov<t nder the pretense of sch official position, and
withot being lawfll$ entitled to do so.
9n srpation of athorit$' The mere act of >nowingl$ and falsel$ representing
oneself is sfficient. -ot necessar$ that he performs an act pertaining to a
pblic officer.
9n srpation of official fnctions' 9t is essential that the offender shold have
performed an act pertaining to a person in athorit$
% pblic officer ma$ also be an offender
The act performed withot being lawfll$ entitled to do so mst pertain'
1. to the gov<t
2. to an$ person in athorit$
3. to an$ pblic office

Article 1'1
USING FICTITIOUS NAME AN7 CONCEALING TRUE NAME
ELEMENTS =sin( -ictitios na/e> :
1. That the offender ses a name other than his real name.
2. That he ses that fictitios name pblicl$.
3. That the prpose of the offender is
1. To conceal a crime,
2. To evade the e!ection of a Ddgment, or
3. To case damage to pblic interest. Be!. 1igning fictitios name for a
passport@
ELEMENTS =concealin( tre na/e>:
1. that the offender conceals
2. his tre name, and
3. all other personal circmstances.
1. that the prpose is onl$ to conceal his identit$.
Use o- Fictitios Na/e =1'1> Concealin( Tre Na/e =1'1>
3lement of pblicit$ mst be present Pblicit$ not necessar$
Prpose is to conceal a crime, to evade the
e!ection of a Ddgement, or to case damage
Prpose is to conceal identit$
Article 1'4
ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA:
1. That the offender ma>es se of insignia, niform or dress.
2. That the insignia, niform or dress pertains to an office not held b$ the
offender or to a class of persons of which he is not a member.
3. That said insignia, niform or dress is sed pblicl$ and improperl$.
an e!act imitation of the dress or niform is nnecessar$

Article 116
ELEMENTS OF FALSE TESTIMONY AGAINST A 7EFEN7ANT:
1. That there be a criminal proceeding.
2. That the offender testifies falsel$ nder oath against the defendant therein.
3. That the offender who gives false testimon$ >nows that it is false.
4. That the defendant against whom the false testimon$ is given is either
ac0itted or convinced in a final Ddgment Bprescriptive period starts at this
point@
5e0ires criminal intent, can<t be committed throgh negligence. -eed not
impte gilt pon the accsed
The defendant mst at least be sentenced to a correctional penalt$ or a fine or
mst have been ac0itted
The witness who gave false testimon$ is liable even if the cort did not
consider his testimon$
Penalt$ is dependent pon sentence imposed on the defendant

Article 111
FALSE TESTIMONY IN FA3OR OF 7EFEN7ANT in a cri/inal case:
Calse testimon$ b$ negative statement is in favor of the defendant
Calse testimon$ need not in fact benefit the defendant
% statement of a mere opinion is not pnishable
6onviction or ac0ittal is not necessar$ Bfinal Ddgement is not necessar$@.
The false testimon$ need not inflence the ac0ittal
% defendant who volntaril$ goes p on the witness stand and falsel$ imptes
the offense to another person the commission of the offense is liable nder this
article. 9f he merel$ denies the commission of the offense, he is not liable.
/asis of penalt$' gravit$ of the felon$ charged against the defendant

Article 115
ELEMENTS OF FALSE TESTIMONY IN CI3IL CASES:
1. That the testimon$ mst be given in a civil case.
2. That the testimon$ mst relate to the isses presented in said case.
3. That the testimon$ mst be false.
4. That the false testimon$ mst be given b$ the defendant >nowing the same to
be false.
". That the testimon$ mst be malicios and given with an intent to affect the
isses presented in the said case
-ot applicable when testimon$ given in a special proceeding Bin this case, the
crime is perDr$@
/asis of penalt$' amont involved in the civil case

Article11:
ELEMENTS OF FALSE TESTIMONY IN OT8ER CASES AN7 %ERCURY IN
SOLEMN AFFIRMATION:
1. That an accsed made a statement nder oath or made an affidavit pon a
material matter.
2. That the statement or affidavit was made before a competent officer,
athori?ed to receive and administer oath.
3. That in that statement or affidavit, the accsed made a willfl and deliberate
assertion of a falsehood, and
4. That the sworn statement or affidavit containing the falsit$ is re0ired b$ law.

5 ,a*s o- co//ittin( #erGr*:
1bornation of perDr$' procres another to swear falsel$. 1olemn affirmation'
refers to non7Ddicial proceedings and affidavits
% false affidavit to a criminal complaint ma$ give rise to perDr$
% matter is material when it is directed to prove a fact in isse
% ;competent person athori?ed to administer an oath= means a person who
has a right to in0ire into the 0estions presented to him pon matters nder
his Drisdiction
There is no perDr$ throgh negligence or imprdence since the assertion of
falsehood mst be willfl and deliberate
3ven if there is no law re0iring the statement to be made nder oath, as long
as it is made for a legal prpose, it is sfficient
PerDr$ is an offense which covers false oaths other than those ta>en in the
corse of Ddicial proceedings
Calse testimon$ before the Dstice of the peace dring the P.9. ma$ give rise to
the crime of perDr$ becase false testimon$ in Ddicial proceedings
contemplates an actal trial where a Ddgment of conviction or ac0ittal is
rendered
% person who >nowingl$ and willfll$ procres another to swear falsel$
commits sbornation of perDr$ and the witness sborned does testif$ nder
circmstances rendering him gilt$ of perDr$.
The false testimon$ is not in a Ddicial proceeding
1. b$ falsel$ testif$ing nder oath
2. b$ ma>ing a false statement

Article 114
ELEMENTS OF OFFERING FALSE TESTIMONY IN E3I7ENCE:
a That the offender offered in evidence a false witness or false testimon$.
b That he >new the witness or the testimon$ was false.
c That the offer was made in a Ddicial or official proceeding.
%rticle applies when the offender withot indcing another, bt >nowing him
to be a false witness, presented him and the latter testified falsel$ in a Ddicial
or official proceeding
The false witness need not be convicted of false testimon$. The mere offer is
sfficient.
III. FRAUDS
Article 11$
ELEMENTS OF MAC8INATIONS IN %U<LIC AUCTION:
a That there be a pblic action.
b That the accsed solicited an$ gift or a promise from an$ of the bidders.
c That sch gifts or promise was the consideration for his refraining from ta>ing
part in that pblic action.
d That the accsed had the intent to case the redction of the price of the thing
actioned.
ELEMENTS OF ATTEM%TING TO CAUSE <I77ERS TO STAY
A2AY:
a That there be a pblic action.
b That the accsed attempted to case the bidders to sta$ awa$ from that pblic
action
c That it was done b$ threats, gifts, promises, or an$ other artifice.
d That the accsed had the intent to case the redction of the price of the thing
actioned.

Article 11&
MONO%OLIES AN7 COM<INATIONS IN RESTRAINT OF TRA7E:
Acts #nis"e0:
1. 6ombination to prevent free competition in the mar>et
2. /$ entering into a contract or agreement or ta>ing part in an$ conspirac$ or
combination in the form of a trst or otherwise, in restraint of trade or
commerce or prevent b$ artificial means free competition in the mar>et B9t is
enogh that initial steps are ta>en. 9t is not necessar$ that there be actal
restraint of trade@
3. 2onopol$ to restrain free competition in the mar>et
7 /$ monopoli?ing an$ merchandise or obDect of trade or commerce, b$ combining
with an$ person or persons to monopoli?e said merchandise or obDect in order to alter
the prices thereof b$ spreading false rmors or ma>ing se of an$ other artifice to
restrain free competition in the mar>et
4. 2anfactrer, prodcer or processor or importer combining, conspiring or
agreeing with an$ person to ma>e transactions preDdicial to lawfl commerce
or to increase the mar>et price of the merchandise.
PersonEs liable'
6rime is committed b$'
The prpose is'
%lso liable as principals'
%ggravated if items are'
1. manfactrer
2. prodcer
3. processor
4. importer
1. combining
2. conspiring
3. agreeing with another person
1. to ma>e transactions preDdicial to lawfl commerce
2. to increase the mar>et price of an$ merchandise or obDect of commerce
manfactred, prodced, processed, assembled or imported into the Phil
1. corporationEassociation
2. agentErepresentative
3. directorEmanager who willingl$ permitted or failed to prevent commission of
above offense
1. food sbstance
2. motor fel or lbricants
3. goods of prime necessit$

Article 11'
ELEMENTS OF IM%ORTATION AN7 7IS%OSITION OF FALSELY
MARDE7 ARTICLES OR MERC8AN7ISE MA7E OF GOL7+
SIL3ER+ OR OT8ER %RECIOUS METALS OR T8EIR ALLOYS:
a That the offender imports, sells or disposes of an$ of those articles or
merchandise.
b That the stamps, brands, or mar>s or those articles or merchandise fails to
indicate the actal fineness or 0alit$ of said metals or allo$s.
c That the offender >nows that the said stamp, brand, or mar> fails to indicate the
actal fineness or 0alit$ of the metals or allo$s.

Article 111
SU<STITUTING E ALTERING TRA7E@MARD+ TRA7ENAME+ OR
SER3ICE MARD
%cts pnishable'
a /$ Ba@ sbstitting the trade name BtEn@ or trademar> BtEm@ of some other
manfactrer or dealer or a colorable imitation thereof, for the tEn or tEm of the real
manfactrer or dealer pon an$ article of commerce and Bb@ selling the same.
b /$ selling or b$ offering for sale sch article of commerce, >nowing that the tEn
or tEm has been fradlentl$ sed
c /$ sing or sbstitting the service mar> of some other person, or a colorable
imitation of sch mar>s, in the sale or advertising of services
d /$ printing, lithographing or reprodcing tEn, tEm or service mar> of one person,
or a colorable limitation thereof, to enable another person to fradlentl$ se the
same, >nowing the fradlent prpose for which it is to be sed.

Article 114
UNFAIR COM%ETITION+ FRAU7ULENT REGISTRATION OF
TRA7ENAME+ TRA7EMARD SER3ICE MARD+ FRAU7ULENT
7ESIGNATION OF ORIGIN+ AN7 FALSE 7ESCRI%TION
Acts #nis"e0:
a )nfair competition b$ selling his goods, giving them the general appearance of
the goods of another manfactrer or dealer
b Cradlent designation of originA false description b$ Ba@ affi!ing to his goods or
sing in connection with his services a false designation of originA or an$ false
description or representation, and Bb@ selling sch goods or services
c Cradlent registration b$ procring fradlentl$ from the patent office the
registration of tEm, tEm or service mar>.
ELEMENTS:
a That the offender gives his goods the general appearance of the goods of another
manfactrer or dealer
b That the general appearance is shown in the Ba@ goods themselves, or in the Bb@
wrapping of their pac>ages, or in the Bc@ device or words therein, or in Bd@ an$ other
featre of their appearance
c That the offender offers to sell or sells those goods or gives other persons a
chance or opportnit$ to do the same with a li>e prpose.
d That there is actal intent to deceive the pblic or defrad a competitor.
TITLE FI3E
CRIMES RELATE7 TO O%IUM AN7 OT8ER %RO8I<ITE7 7RUGS =146@
144>
T8E 7ANGEROUS 7RUGS ACT OF 14'5
=RA No. &45$+ as a/en0e0>

I. A$s Pu%is&a'(e)
1. importation of prohibited drgs
2. sale, administration, deliver$, distribtion and transportation of prohibited
drgs
3. maintenance of a den, dive or resort for prohibited drg sers
4. being emplo$ees or visitors of drg den
". manfactre of prohibited drgs
#. possession or se
G. cltivation of plants
I. failre to compl$ with provisions relative to >eeping of records of prescription
L. nnecessar$ prescription
1J. possession of opim pipe and other paraphernalia
11. 9mportation, sale, etc. of reglated drgs
9mportation of prohibitedEreglated drgs.
1ale, administration, deliver$, distribtion and transaction of
prohibitedEreglated drgs.
)uali(%in* Circumstances if the victim of the offense is a minor or shold a
prohibitedEreglated drg involve in an$ offense nder this section be the pro!imate
case of the death of a victim thereof, the ma!imm penalt$ herein shall be imposed.
2aintenance of a den, dive, or resort for prohibitedEreglated drg sers.
)uali(%in* Circumstance where a prohibitedEreglated drg is administered,
delivered, or sold to a minor who is allowed to se the same in sch place, or shold a
prohibited drg be the pro!imate case of the death of the person sing the same in
sch den, dive or resort, the ma!imm of the penalt$ shall be imposed.
2anfactre of prohibitedEreglated drgs.
Possession of prohibitedEreglated drgs.
Cultivation of plants which are sources of prohibited
drugs.
a -ote: The landEportions thereof andEor greenhoses in which an$ of the said
plants is cltivated or cltred shall be confiscated and escheated to the 1tate, nless
the owner thereof can prove that he did not >now of sch cltivation or cltre despite
the e!ercise of de diligence on his part.
b )uali(%in* Circumstance if the land involved is part of the pblic domain, the
ma!imm of the penalt$ herein provided shall be imposed.
Failure to keep records of prescription, sales,
purchases, acquisitions and/or deliveries of
prohibited/regulated drugs
Persons liable:
Pharmacist, Physician, entist, !eterinarian, "anufacturer,
#holesaler, $mporter, istributor, ealer, %etailer
&nlawful prescription of prohibited/regulated drugs
&nnecessary prescription of prohibited/regulated drugs
Persons Liable' Ph$sician or dentist who shall prescribe an$ prohibitedEreglated drg
for an$ person whose ph$sicalEph$siological condition does not re0ire the se of
thereof.
Possession of opium pipe, equipment, apparatus or any
paraphernalia fit or intended for smoking, consuming,
administering, in'ecting, ingesting, or otherwise using
opium or any other prohibited drug, shall be prima facie
evidence that the possessor has smoked, consumed,
administered to himself, in'ected or used a prohibited
drug.
(ttempt and conspiracy to commit the following
offenses)
a 9mportation of dangeros drgs
b 1ale, administration, deliver$, distribtion and transportation of dangeros drgs
c 2aintenance of a den, dive or resort for prohibited drgs
d 2anfactre of dangeros drgs
e 6ltivation or cltre of plants which are sorces of prohibited drgs
.ther persons liable'
a 9f the violation of the %ct is committed b$ a partnership, corporation, association
or an$ Ddicial person, the partner, president, director, or manager who consents to or
>nowingl$ tolerates sch violation shall be held criminall$ liable as co7principal.
b Partner, president, director, manager, officer or stoc>holder, who >nowingl$
athori?es, tolerates, or consents to the se of a vehicle, vessel, or aircraft as an
instrment in the importation, sale, deliver$, distribtion or transportation of
dangeros drgs, or to the se of their e0ipment, machines or other instrments in
the manfactre of an$ dangeros drgs, if sch vehicle, vessel, aircraft, e0ipment,
or other instrment, is owned or nder the control and spervision of the partnership,
corporation, association or Ddicial entit$ to which the$ are affiliated.
c Government official, emplo$ee or officer who is fond gilt$ of ;planting= an$
dangeros drgs in the person or in the immediate vicinit$ of another as evidence to
implicate the latter.
II. For t"e #r#ose o- en-orcin( t"e #ro.isions o- t"is Act+ all sc"ool "ea0s+
s#er.isors an0 teac"ers s"all )e 0ee/e0 to )e #ersons in at"orit* an0+ as sc"+
are .este0 ,it" t"e #o,er to a##re"en0+ arrest+ or case t"e a##re"ension or
arrest o- an* #erson ,"o s"all .iolate an* o- t"e sai0 #ro.ision.
1. -.T3' The$ shall be considered as persons in athorit$ id the$ are in the
school or within its immediate vicinit$, or be$ond sch immediate vicinit$ of
the$ are in attendance in an$ school or class fnction in their official capacit$
as school heads, spervisors or teachers.
2. %n$ teacher or school emplo$ee who discovers or finds that an$ person in the
school or within its immediate vicinit$ is violating this %ct shall have the dt$
to report the violation to the school head or spervisor who shall, in trn,
report the matter to the proper athorities. Cailre to report in either case shall,
after hearing, constitte sfficient case for disciplinar$ action. B1ec. 2I@
1. III. Rles:
1. 4olntar$ sbmission of a drg dependent to confinement, treatment and
rehabilitation b$ the drg dependent himself or throgh his parent, gardian or
relative within the 4
th
civil degree of consanginit$ or affinit$, in a center and
compliance with sch conditions therefor as the :angeros :rgs /oard ma$
prescribe shall e!empt from criminal liabilit$ for possession or se of the
prohibitedEreglated drg.
2. 1hold the drg dependent escape from the center, he ma$ sbmit himself for
confinement within 1 wee> from the date of his escape, of his parent gardian
or relative ma$, within the same period srrender him for confinement.
3. )pon application of the /oard, the 6ort shall isse an order for
recommitment if the drg dependent does not resbmit himself for
confinement or if he is not srrendered for recommitment.
4. 9f, sbse0ent to sch recommitment, he shold escape again, he shall no
longer be e!empt from criminal liabilit$ for the se or possession of an$
dangeros drg.
". 9f a person charged with an offense is fond b$ the fiscal or b$ the 6ort at
an$ stage of the proceedings, to be a drg dependent, the fiscal or cort as the
case ma$ be, shall sspend all frther proceedings and transmit records of the
case to the /oard.
#. %fter his rehabilitation, he shall be prosected for sch violation. 9n case of
conviction, the Ddgement shall, if the accsed is certified b$ the treatment and
rehabilitation center to have maintained good behavior, indicate that he shall
be given fll credit for the period he was confined in the center.
&+'E' &hen the offense is possession or se of dangeros drgs and the accsed is
not a recidivist, the penalt$ thereof shall be deemed to have been served in the center
pon his release therefrom.
G. The period of prescription of the offense charged shall not rn dring the time
that the respondentEaccsed is nder detention or confinement in a center.
I. 5e0isites of sspension of sentence for first offense in a minor'
1. 9f accsed is a minor Bnder 1I $ears of age at the time of the commission of
the offense bt not more than 21 $ears of age when the Ddgement shold have
been promlgated.
2. He has not been previosl$ convicted of violating an$ provision of this %ct or
of the 5P6 or placed on probation.
1entence shall be deferred and the accsed shall be placed on probation nder
the spervision of the /oard.
9n case of violation of conditions of pardon, cort shall prononce Ddgement
of conviction and he shall serve sentence.
9f accsed did not violate conditions of probation, case shall be dismissed
pon e!piration of the designated period.
-otes'
a 6ltivation of plants 1ec L land, portions of land, greenhose on which an$ of
the plants is cltivated confiscated and escheated to the 1tate. )-L311' owner can
prove that he had no >nowledge of the cltivation despite de diligence
b 9f land is part of the pblic domain ma!imm penalt$ imposed
c Possession of opim pipe and other paraphernalia prima facie evidence that the
possessor has smo>ed, consmed, administered himself, sed prohibited drgs
d :rg penalties of 5eclsion Perpeta to :eath or a fine of Php "JJ,JJJ to 1J2
appl$ when'
.pim 4J grams p
2orphine 4J grams p
1hab 2JJ grams p
Heroin 4J grams p
9ndian hemp G"J grams p
2F resin "J grams p
6ocaine 4J grams p
.ther drgs Nantit$ far be$ond therapetic re0irement
Bif 0antit$ is less than prescribed penalt$ is P6 to 5P depending pon the 0antit$@
e 5% G#"L P: 1#1L Possession and )se of 4olatile 1bstances
1. mere attempt to sell, import alread$ a crime nder %rticle #
2. conspirac$ to sell, deliver, import alread$ a crime nder %rticle I
f /$ /st .peration no law or rle to re0ire policemen to adopt a niform
wa$ of identif$ing /)* 2.-3* BP v. Abedes@
g %bsence of ltraviolet power is not fatal in the prosection
h TransportationEimportation of 2F immaterial whether there ma$ or ma$ not be
a distinction for the 2F
i 7istin(is" Entra#/ent an0 Insti(ation:
1. 9f prosection can prove the crime withot presenting the informer or asset
not necessar$ becase their testimonies are merel$ corroborative. Poser b$er
it depends on whether the prosection can prove the crime withot their
testimonies BP v. Rosalinda Ramos@
2. )nder the 5%, special aggravating circmstance if a crime has been
committed while the accsed was high on drgs BP v. Ant$on% ,el*ar@
3. :eliver$ or 1ale of Prohibited :rgs the accsed mst be aware that what he
is selling or delivering was prohibited drg. /t the moment the fact of sale or
deliver$ is proved b$ prosection, the brden to prove that the accsed is not
aware that drgs are prohibited falls on the defense BP v. Aranda@
4. P v. An*elito -analo brden of proving the athorit$ to possess shab is a
matter of defense
". P v. ilario -oscalin* cort ma$ ta>e Ddicial notice of the word ;shab=
#. 6riminal liabilities of a policeman who sold the drgs confiscated from a
psher' violation of 5% #42" and malversation nder 5P6.
D Planting evidence to implicate another
> /$ /st .peration form of entrapment BP v. Alberto@ not necessar$ to have
prior police srveillance BP v. Carlos Franca@
l Possession constrctive or actal not necessar$ to addce the mar>ed mone$
as evidence BP v. Romeo -acara@
m 1eparate crimes saleEpossession of 2T fond in his possession after he was
fris>ed bt he can<t be convicted for possession of 2F that he sold
n 9f victim is minor or drg is pro!imate case of death ma! penalt$ is imposed
nder 1ec 4, ", 1", 1"7a
1. 9f imposable penalt$' 5P to death no plea bargaining
2. 9f offender' government official, emplo$ees, officers or fond gilt$ of
planting evidences same penalt$
3. Cirst offense of a minor sspension of sentence
nder 1I at time of commission bt not more than 21 at time when Ddgment
was promlgated
fond gilt$ of possession or se of prohibited or reglated drgs
not been previosl$ convicted of violating an$ provision of this %ct or the
5P6
not been placed on probation
defer sentence, place on probation for # months to 1 $ear
violation of probation prononce sentence convict and serve sentence
no violation discharge him and dismiss the proceeding
if minor is drg dependent commit to a center for treatment and
rehabilitation
TITLE SI?
I. CRIMES AGAINST %U<LIC MORALS

GAM<LING B1L"7LL repealed b$ P:s 44L, 4I3 and 1#J2 as amended@
1. 9llegal coc>fighting BP: 44L@
2. /etting, game7fi!ing or point shaving and machinations in sports contests BP:
43I@
3. 9llegal gambling

%ENALIHING <ETTING+ GAME@FI?ING OR %OINT@S8A3ING AN7
MAC8INATIONS IN S%ORTS CONTESTS
%7 41:
Acts %nis"a)le:
1. /etting' /etting mone$ or an$ obDect or article of vale of representative vale
pon the reslt of an$ game, races and other sports contests.
2. Game7fi!ing' an$ arrangement, combination, scheme or agreement b$ which
the reslt of an$ game, races, or sports contests shall be predicated andEor
>nown other than on the basis of the honest pla$ing s>ill or abilit$ of the
pla$ers or participants.
3. Point7shaving' an$ sch arrangement combination, scheme or agreement b$
which the s>ill or abilit$ of an$ pla$er or participant in a fame, races, or sports
contests to ma>e points of scores shall be limited deliberatel$ in order to
inflence the reslt thereof in favor of one or other team, pla$er or participant.
4. Game 2achination' an$ other fradlent, deceitfl, nfair or dishonest means,
method, manner or practice emplo$ed for the prpose of inflencing the reslt
of an$ game, races or sports contest.

COCDFIG8TING LA2 OF 14'4
%7 444
1. 1cope This law shall govern the establishment, operation, maintenance and
ownership of coc>pits.
2. 5les'
1. .nl$ Cilipino citi?ens not otherwise inhibited b$ e!isting laws shall be
allowed to own, manage and operated coc>pits.
2. .nl$ one coc>pit shall be allowed in each cit$ or mnicipalit$ with a
poplation of 1JJ,JJJ or less.
3. 6oc>pits shall be constrcted and operated within the appropriate areas
as prescribed in the Roning Law or ordinance.
4. &hen allowed'
1. 6oc>fighting shall be allowed onl$ in licensed coc>pits dring
1nda$s and legal holida$s and dring local fiestas for not
more than 3 da$sA or
2. :ring provincial, cit$ or mnicipal, agricltral, commercial
or indstrial fair, carnival or e!position for a similar period of 3
da$s pon resoltion of the province, cit$ or mnicipalit$
where sch fair, carnival or e!position is to be held, sbDect to
the approval of the 6hief of 6onstablar$ or his athori?ed
representative.
Li/itations:
a@ -o coc>fighting on the occasion of sch fair, carnival or e!position shall be
allowed within the month of the local fiesta or for more than 2 occasions a $ear in the
same cit$ of mnicipalit$.
b@ -o coc>fighting shall be held on :ecember 3J, Fne 12,-ovember 3J, Hol$
Thrsda$, Good Crida$, 3lection :a$ and dring registration da$s for sch
electionEreferendm.
1. 9f the prpose is for the entertainment of foreign dignitaries or for torists, or
for retrning bali>ba$ans, or for the spport of national fnd7raising
campaigns for charitable prposes as ma$ be athori?ed b$ the .ffice of the
President pon resoltion of a provincial board, cit$ or mnicipal concil, in
licensed coc>pits or in pla$gronds or par>s.
Limitations' This privilege shall be e!tended for onl$ one time, for a period not
e!ceeding 3 da$s, within a $ear to a province, cit$ or mnicipalit$.
1. -o gambling of an$ >ind shall be permitted on the premises of the coc>pit or
place of coc>fighting dring coc>fights.
2. 6it$ or mnicipal ma$ors are athori?ed to isse licenses for the operation and
maintenance of coc>pits.
II. OFFENSES AGAINST DECENC*
AND GOOD CUSTOMS
Article 566
ELEMENTS OF GRA3E SCAN7AL:
1. .ffender performs an act
2. %ct is highl$ scandalos as offending against decenc$ or good cstoms
3. Highl$ scandalos condct does not e!pressl$ fall within an$ other article of
the 5P6
4. 6ommitted in a pblic place or within the pblic >nowledge or view. BThe
pblic view is not re0ired, it is sfficient if in pblic place. Cor pblic
>nowledge, it ma$ occr even in a private placeA the nmber of people who
sees it is not material@.
Grave scandal' consists of acts which are offensive to decenc$ and good
cstoms. The$ are committed pblicl$ and ths, give rise to pblic scandal to
persons who have accidentall$ witnessed the acts
:ecenc$' means properl$ observing the re0irements of modest$, good taste
etc
6stoms' refers to established sage, social conventions carried on b$
tradition and enforced b$ social disapproval in case of violation
9f the acts complained of are pnishable nder another provision of the 5P6,
%rt 2JJ is not applicable
The essence of grave scandal is pblicit$ and that the acts committed are not
onl$ contrar$ to morals and good cstoms bt mst li>ewise be of sch
character as to case pblic scandal to those witnessing it.

Article 561
IMMORAL 7OCTRINES+ O<SCENE %U<LICATIONS AN7 E?8I<ITIONS:
%ersons lia)le:
1. Those who pblicl$ e!pond or proclaim doctrines that are contrar$ to pblic
morals
2. %thors of obscene literatre, pblished with their >nowledge in an$ form
3. 3ditors pblishing sch obscene literatre
4. .wners or operators of establishments selling obscene literatre
". Those who e!hibit indecent or immoral pla$s, scenes, acts or shows ion
theaters, fairs, cinemas or an$ other place
#. Those who sell, distribte, or e!hibit prints, engraving, sclptres or literatre
which are offensive to morals
2orals' implies conformit$ to generall$ accepted standards of goodness or
rightness in condct or character
Test of obscenit$' whether the matter has a tendenc$ to deprave or corrpt the
minds of those who are open to immoral inflences. % matter can also be
considered obscene if it shoc>s the ordinar$ and common sense of men as
indecenc$.
However, %rt 2J1 enmerates what are considered as obscene literatre or
immoral or indecent pla$s, scenes or acts'
2ere ndit$ in paintings and pictres is not obscene
Pictres wE a slight degree of obscenit$ having no artistic vale and intended
for commercial prposes fall within this article
Pblicit$ is an essential element
1. those wEc glorif$ criminals or condone crimes
2. those wEc serve no other prpose bt to satisf$ the mar>et for violence, lst or
pornograph$
3. those wEc offend against an$ race or religion
4. those wEc tend to abet the traffic in and the se of prohibited drgs
". those that are contrar$ to law, pblic order, morals, good cstoms, established
policies, lawfl orders, decrees and edicts

Article 565
3AGRANTS AN7 %ROSTITUTES:
2"o are consi0ere0 .a(rants:
1. Those who have no apparent means of sbsistence and who have the ph$sical
abilit$ to wor> $et neglect to appl$ themselves to some sefl calling
2. Persons fond loitering arond pblic and semi7pblic places withot visible
means of spport
3. Persons tramping or wandering arond the contr$ or the streets with no
visible means of spport
4. 9dle or dissolte persons lodging in hoses of ill7fame
". 5ffians or pimps and those who habitall$ associate with prostittes Bma$
inclde even the rich@
#. Persons fond loitering in inhabited or ninhabited places belonging to others,
withot an$ lawfl or Dstifiable reason provided the act does not fall within
an$ other article of the 5P6
9f fenced and with prohibition of entr$ Trespass to dwelling
9f fenced and entered to hntEfish %ttempted theft
9f not fenced and with no prohibition of
entr$
4agranc$
&ho are considered prostittes refer to women who habitall$ indlge in
se!al intercorse or lascivios condct for mone$ or profit Bif a man indlges
in the same condct' vagranc$@
TITLE SE3EN
C%$"*+ C,""$--* ./ P&.0$C ,FF$C*%+
Article 56:
28O ARE %U<LIC OFFICERS:
1. Ta>es part in the performance of pblic fnctions in the Government, or
2. Performs pblic dties as an emplo$ee, agent or sbordinate official in the
gov<t or an$ of its branches
Notes:
1. Pblic officer mst derive his athorit$ from'
2. direct provision of law
3. poplar election
4. appointment b$ competent athorit$
". Pblic officers' embraces ever$ pblic servant from the lowest to the highest
ran>
#. % government laborer is not a pblic officer. However, temporar$ performance
b$ a laborer of pblic fnctions ma>es him a pblic officer
G. 2isfeasance' means improper performance of an act which might be properl$
be performed
I. 2alfeasance' means performance of an act which oght not to be done
L. -onfeasance' means omission of an act which oght to be done

MALFEASANCE AN7 MISFEASANCE IN OFFICE
2alfeasance :oing of an act which a pblic officer shold not have done
2isfeasance 9mproper doing of an act which a person might lawfll$ do
-onfeasance Cailre of an agent to perform his nderta>ing for the principal
ELEMENTS OF DNO2INGLY REN7ERING AN UNCUST
CU7GMENT:
1. .ffender is a Ddge
2. 5enders a Ddgment in the case sbmitted to him for Ddgment
3. Fdgment is nDst
4. 8nowledge that the decision is nDst
Notes:
1. Fdgment' is a final consideration and determination b$ a cort of competent
Drisdiction of the isses sbmitted to it in an action or proceeding
2. )nDst Ddgment' one which is contrar$ to law, or not spported b$ the
evidence, or both
3. %n nDst Ddgment ma$ reslt from'
4. error Bwith bad faith@
". ill7will or revenge
#. briber$
1. There mst be evidence that the decision rendered is nDst. 9t is not
presmed
2. %bse of discretion or mere error of Ddgment cannot li>ewise serve as
basis for rendering an nDst Ddgment in the absence of proof or even
an allegation of bad faith Bmotive or improper consideration@.

Article 56$
ELEMENTS OF CU7GMENT REN7ERE7 T8ROUG8
NEGLIGENCE:
1. .ffender is a Ddge
2. 5enders a Ddgment in a case sbmitted to him for decision
3. Fdgment is manifestl$ nDst
4. :e to ine!csable negligence or ignorance
2anifestl$ nDst Ddgment' one that is so contrar$ to law that even a person
having meager >nowledge of the law cannot dobt the inDstice

Article 56&
ELEMENTS OF UNCUST INTERLOCUTORY OR7ER:
1. That the offender is a Ddge.
2. That he performs an$ of the following acts'
1. >nowingl$ renders nDst interloctor$ order or decree, or
2. renders a manifestl$ nDst interloctor$ order or decree throgh
ine!csable negligence or ignorance.
9nterloctor$ order' one issed b$ the cort deciding a collateral or incidental
matter. 9t is not a final determination of the isses of the action or proceeding

Article 56'
ELEMENTS OF MALICIOUS 7ELAY IN T8E A7MINISTRATION
OR CUSTICE:
2. That there is a proceeding in his cort.
3. That he dela$s the administration of Dstice.
4. That the dela$ is malicios, that is, the dela$ is cased b$ the Ddge with
deliberate intent to inflict damage on either part$ in the case.
2ere dela$ withot malice is not pnishable

Article 561
ELEMENTS OF 7ERELICTION OF 7UTY IN T8E %ROSECUTION
OF OFFENSES:
1. That the offender is a pblic officer or officer of the law who has a dt$ to
case the prosection of, or to prosecte offenses.
2. That there is dereliction of the dties of his office, that is, >nowing the
commission of the crime, he does not case Ba@ the prosection of the criminal
BPeople vs. Rosales, G.5. no. 42#4I@ or Bb@ >nowing that a crime is abot to be
committed he tolerates its commission Bif giftEpromise is a consideration for
his condct' direct briber$@
3. That the offender acts with malice and deliberate intent to favor the violator of
the law.
P534%596%69.-' negligence and tolerance in the prosection of an offense
There mst be a dt$ on the part of the pblic officer to prosecte or move for
the prosection of the offender. -ote however, that a fiscal is nder no
complsion to file an information based pon a complaint if he is not
convinced that the evidence before him does not warrant filing an action in
cort
The crime mst be proved first before an officer can be convicted of
dereliction of dt$
% pblic officer who harbors, conceals, or assists in the escape of an offender,
when it is his dt$ to prosecte him is liable as principal in the crime of
dereliction of dt$ in the prosection of offenses. He is not an accessor$
%rticle not applicable to revene officers

Article 564
ELEMENTS OF <ETRAYAL OF TRUST <Y AN ATTORNEY OR
SOLICITOR B-.T -36311%59L* % P)/L96 .CC9635 %LTH.)GH
%LL L%&*351 %53 .CC96351 .C TH3 6.)5T@'
1. 6asing damage to client BpreDdice is essential@ either
1. b$ an$ malicios breach of professional dt$, or
2. b$ ine!csable negligence or ignorance.
3. 5evealing an$ of the secrets of his client learned b$ him in his
professional capacit$ Bdamage not necessar$@
4. )nderta>ing the defense of the opposing part$ of the 1
st
client andEor
having received confidential information from the latter and withot
the latter<s consent Bdamage not necessar$@

Article 516
ELEMENTS OF 7IRECT <RI<ERY:
1. That the offender be a pblic officer within the scope of %rt 2J3
2. That the offender accepts an offer or promise or receives a gift or present b$
himself or throgh another
3. That sch offer or promise be accepted or giftEpresent received b$ the pblic
officer Bmere agreement consmmates the crime@
1. with a view to committing some crime Bdeliver$ of consideration is not
necessar$@ or
2. in consideration of an e!ection if an act which does not constitte a
crime, bt the act mst be nDst Bdeliver$ of consideration is
necessar$@, or
3. to refrain from doing something which is his official dt$ to do
4. That the act which the offender agrees to perform or which he e!ectes
be connected with the performance of his official dties
Cor prposes of this article, temporar$ performance of pblic fnctions is
sfficient to constitte a person a pblic officer. % private person ma$ commit
this crime onl$ in the case in which cstod$ of prisoners is entrsted to him
%pplicable also to assessors, arbitrators, appraisal and claim commissioners,
e!perts or an$ other person performing pblic dties
6annot be frstrated, onl$ attempted or consmmated.
/riber$ e!ists when the gift is'
%ctal receipt of the gift is not necessar$. %n accepted offer or promise of a
gift is sfficient. However, if the offer is not accepted, onl$ the person offering
the gift is liable for attempted corrption of a pblic officer
The gift mst have a vale or capable of pecniar$ estimation. 9t cold be in
the form of mone$, propert$ or services
9f the act re0ired of the pblic officer amonts to a crime and he commits it,
he shall be liable for the penalt$ corresponding to the crime
The third t$pe of briber$ and prevaricacion Bart 2JI@ are similar offenses, both
consisting of omissions to do an act re0ired to be performed. 9n direct briber$
however, a gift or promise is given in consideration of the omission. This is
not necessar$ in prevaricacion
1. volntaril$ offered b$ a private person
2. solicited b$ the pblic officer and volntaril$ delivered b$ the private person
3. solicited b$ the pblic officer bt the private person delivers it ot of fear of
the conse0ences shold the pblic officer perform his fnctions Bhere the
crime b$ giver is not corrption of pblic officials de to involntariness@.
<ri)er* =516> Ro))er* =544>
&hen the victim has committed a
crime and gives mone$Egift to avoid
arrest or prosection.
&hen the victim did not commit a crime and he
is intimidated with arrest andEor prosection to
deprive him of his personal propert$.
4ictim parts with his mone$ or
propert$ volntaril$.
4ictim is deprived of his mone$ or propert$ b$
force or intimidation.
ANTI@GRAFT AN7 CORRU%T %RACTICES ACT
RA :614
%ersons Lia)le:
1. %n$ pblic officer who shall perform an$ of the following acts'
2. %n$ person having famil$ or close personal relation with an$ pblic official
who shall capitali?e or e!ploit or ta>e advantage of sch famil$ or close
personal relation b$ directl$ or indirectl$ re0esting or receiving an$ present,
gift, or material, or pecniar$ advantage from an$ person having some
bsiness, transaction, application, re0est, or contact with the government in
which sch pblic official has to intervene B1ec. 4@
3. %n$ person who shall >nowingl$ indce or case an$ pblic official to
commit an$ of the offenses nder B%@. B1ec. 4@
4. 1pose or an$ relative, b$ consanginit$ or affinit$, within the 3
rd
civil
degree, of the president of the Philippines, the vice7president, the president of
the 1enate, or spea>er of the hose of 5epresentatives, who shall intervene,
directl$ or indirectl$, in an$ bsiness transaction, contract or application with
the gov<t B1ec. "@.
1. Persading, indcing or inflencing another pblic officer to perform an act
constitting a violation of rles and reglations dl$ promlgated b$
competent athorit$ or an offense in connection with the official dties of the
latter, or allowing himself to be persaded, indced, or inflenced to commit
sch violation or offense.
2. :irectl$ or indirectl$ re0esting or receiving an$ gift, present, share,
percentage, or benefit for himself or for an$ other person in connection with
an$ contract or transaction between the government and an$ other part$
wherein the pblic officer in his official capacit$ has to intervene nder the
law.
3. :irectl$, or indirectl$ re0esting or receiving an$ gift, present, or other
pecniar$ or material benefit, for himself or for another, from an$ person for
whom the pblic officer, in an$ manner of capacit$, has secred or obtained,
or will secre or obtain, an$ Government permit or license, in consideration
for the held given or to be given.
4. %ccepting or having an$ member of his famil$ accept emplo$ment in a private
enterprise which has pending official bsiness with him dring the pendenc$
thereof or within one $ear after its termination.
". 6asing an$ nde inDr$ to an$ part$, inclding the Government, or giving
an$ private part$ an$ nwarranted benefits, advantage, or preference in the
discharge of his official, administrative or Ddicial fnction throgh manifest
partialit$, evident bad faith or gross ine!csable negligence. This provision
shall appl$ to officers and emplo$ees of offices or government corporations
charged with the grant of licenses or permits or other concessions.
#. -eglecting or refsing, after de demand or re0est, withot sfficient
Dstification, to act within a reasonable time on an$ matter pending before him
for the prpose of obtaining directl$ or indirectl$, from an$ person interested
in the matter some pecniar$ or material benefit or advantage, or for the
prpose of favoring his own interest of giving nde advantage in favor of or
discriminating against an$ other interested part$.
G. 3ntering, on behalf of the Government, into an$ contract or transaction
manifestl$ and grossl$ disadvantageos to the same, whether or not the pblic
officer profited or will profit thereb$.
I. :irectl$ or indirectl$ having financial or pecniar$ interest in an$ bsiness,
contract or transaction in connection with which he intervenes or ta>e part in
his official capacit$, or in which he is prohibited b$ the constittion or b$ an$
law from having an$ interest.
L. :irectl$ or indirectl$ becoming interested, for personal gain, or having a
material interest in an$ transaction or act re0iring the approval of a board,
panel, or grop of which he is a member, and which e!ercises discretion in
sch approval, even if he votes against the same or does not participate in the
action of the board, committee, panel or grop.
1J. 8nowingl$ approving or granting an$ license, permit, privilege, or benefit in
favor of an$ person not 0alified for or not legall$ entitled to sch license,
permit, privilege, or advantage, or of a mere representative or dmm$ of one
who is not so 0alified or entitled.
11. :ivlging valable information of a confidential character, ac0ired b$ his
office or b$ him on accont of his official position to nathori?ed persons, or
releasing sch information in advance of its athori?ed release date.
T"is #ro"i)ition s"all not a##l* to:
1. %n$ person who, prior to the assmption of office of an$ of the above officials
to whom he is related, has been alread$ dealing with the gov<t along the same
line of bsinessA
2. %n$ transaction, contract or application alread$ e!isting or pending at the time
of sch assmption of pblic officeA
3. %n$ application filed b$ him, the approval of which is not discretionar$ on the
part of the officialBs@ concerned bt depends pon compliance with re0isites
provided b$ law, or rles or reglations issed prsant to lawA
4. %n$ act lawfll$ performed an official capacit$ or in the e!ercise of a
profession.
". %n$ member of congress, dring the term for which he has been elected, who
shall ac0ire or receive an$ personal pecniar$ interest in an$ specific
bsiness enterprise which shall be directl$ and particlarl$ favored or
benefited b$ an$ law or resoltion athored b$ him previosl$ approved or
adopted b$ 6ongress dring his term.
#. %n$ pblic officer who shall fail to file a tre, detailed and sworn statement of
assets and liabilities within 3J da$s after assming office and thereafter on or
before the 1"
th
da$ of %pril following the close of ever$ calendar $ear, as well
as pon the e!piration of his term of office, or pon his resignation or
separation from office B1ec. G@.
99. Prima Cacie 3vidence of and :ismissal de to ne!plained &ealth B1ec. I@
9f a pblic official has been fond to have ac0ired dring his incmbenc$,
whether in his name or in the name of other persons, an amont of propert$
andEor mone$ manifestl$ ot of proportion to his salar$ and to his other lawfl
income.
Properties in the name of the spose and dependents of sch pblic official
ma$ be ta>en into consideration, when their ac0isition throgh legitimate
means cannot be satisfactoril$ shown.
/an> deposits in the name of or manifestl$ e!cessive e!penditres incrred b$
the pblic official, his spose or an$ of their dependents inclding bt not
limited to activities in an$ clb or association or an$ ostentatios displa$ of
wealth inclding fre0ent travel abroad of a non7official character b$ an$
pblic official when sch activities entail e!penses evidentl$ ot of proportion
to legitimate income.
999. 6ompetent cort' %ll prosections nder this %ct shall be within the original
Drisdiction of the
1andiganba$an B1ec. 1J@.
94. Prescription of offenses' all offenses pnishable nder this %ct shall prescribe in
1" $ears B1ec. 11@.
4. Exceptions' )nsolicited gifts or presents of small or insignificant vale offered or
given as a mere ordinar$ to>en of gratitde of friendship according to local cstoms
or sage, shall be e!cepted from the provisions of this act B1ec. 14@.
Article 511
ELEMENTS OF IN7IRECT <RI<ERY:
1. That the offender is a pblic officer.
2. That he accepts gifts.
3. That the said gifts are offered to him b$ reason of his office.
The gift is given in anticipation of ftre favor from the pblic officer
There mst be clear intention on the part of the pblic officer to ta>e the gift
offered and consider the propert$ as his own for that moment. 2ere ph$sical
receipt naccompanied b$ an$ other sign, circmstance or act to show sch
acceptance is not sfficient to convict the officer
There is no attempted or frstrated indirect briber$
The principal distinction between direct and indirect briber$ is that in the
former, the officer agrees to perform or refrain from doing an act in
consideration of the gift or promise. 9n the latter case, it is not necessar$ that
the officer do an$ act. 9t is sfficient that he accepts the gift offered b$ reason
of his office
Pblic officers receiving gifts and private persons giving gifts on an$
occasion, inclding 6hristmas are liable nder P: 4#.
The criminal penalt$ or imprisonment is distinct from the administrative
penalt$ of sspension from the service

Article 511@A
ELEMENTS OF ;UALIFIE7 <RI<ERY
1. Pblic officer entrsted with law enforcement
2. 5efrains from arrestingEprosecting offender for crime pnishable b$
reclusion perpetua andEor death
3. Bif lower penalt$ than stated above, the crime is direct briber$@
4. 9n consideration of an$ offer, promise or gift

Article 515
ELEMENTS OF CORRU%TION OF %U<LIC OFFICIALS:
1. That the offender ma>es offers or promises or gives gifts or present to a pblic
officer.
2. That the offers or promises are made or the gifts or presents given to a pblic
officer, nder circmstances that will ma>e the pblic officer liable for direct
briber$ or indirect briber$
The offender is the giver of the gift or the offeror of the promise. The act ma$
or ma$ not be accomplished
)nder P: G4L, givers of bribes and other gifts as well as accomplices in
briber$ and other graft cases are immne from prosection nder the
following circmstances'
1. information refers to consmmated violations
2. necessit$ of the information or testimon$
3. the information and testimon$ are not $et in the possession of the 1tate
4. information and testimon$ can be corroborated on its material points
". informant has been previosl$ convicted of a crime involving moral trpitde
1ee the %nti7graft and 6orrpt Practices %ct
II. FRAUDS AND ILLEGAL
E+ACTIONS AND TRANSACTIONS

Article 51:
ELEMENTS OF FRAU7S AGAINST %U<LIC TREASURY: =#ar. 1>
1. That the offender be a pblic officer.
2. That he shold have ta>en advantage of his office, that is, he intervened in the
transaction in his official capacit$.
3. That he entered into an agreement with an$ interested part$ or speclator or
made se of an$ other scheme with regard to Ba@ frnishing spplies Bb@ the
ma>ing of contracts, or Bc@ the adDstment or settlement of accont relating to
a pblic propert$ or fnds.
4. That the accsed had intent to defrad the government.
-otes'
1. The pblic officer mst act in his official capacit$
2. The felon$ is consmmated b$ merel$ entering into an agreement with an$
interested part$ or speclator or b$ merel$ ma>ing se of an$ scheme to
defrad the Government
ELEMENTS OF ILLEGAL E?ACTIONS:
1. The offender is a pblic officer entrsted with the collection of ta!es, licenses,
fees and other imposts.
2. He is gilt$ of an$ of the following acts or omissions'
1. demanding, directl$ or indirectl$ the pa$ment of sms different from
or larger than those athori?ed b$ law, or
2. failing volntaril$ to isse a receipt, as provided b$ law, for an$ sm of
mone$ collected b$ him officiall$, or
3. 6ollecting or receiving, directl$ or indirectl$, b$ wa$ of pa$ment or
otherwise, things or obDects of a natre different from that provided b$
law.
-otes'
1. 2ere demand of a larger or different amont is sfficient to consmmate the
crime. The essence is the improper collection Bdamage to gov<t is not re0ired@
2. 9f sms are received withot demanding the same, a felon$ nder this article is
not committed. However, if the sm is given as a sort of gift or gratification,
the crime is indirect briber$
3. &hen there is deceit in demanding larger fees, the crime committed is estafa
4. 2a$ be comple!ed with malversation
". .fficers and emplo$ees of the /95 or 6stoms are not covered b$ the article
#. The -956 of %dministrative 6ode is the applicable law

Article 514
ELEMENTS OF OT8ER FRAU7S:
2. That he ta>es advantage of his official position.
3. That he commits an$ of the frads or deceits enmerated in art. 31" and 31#.
BestafaA swindling@
-ote' 5T6 has Drisdiction over the offense becase the principal penalt$ is
dis0alification

Article 51$
ELEMENTS OF %RO8I<ITE7 TRANSACTIONS:
1. That the offender is an appointive pblic officer.
2. That he becomes interested, directl$ or indirectl$, in an$ transaction of
e!change or speclation.
3. That the transaction ta>es place within the territor$ sbDect to his Drisdiction.
4. That he becomes interested in the transaction dring his incmbenc$.
-otes'
1. 3!amples of transactions of e!change or speclation are' b$ing and selling
stoc>s, commodities, land etc wherein one hopes to ta>e advantage of an
e!pected rise or fall in price
2. Prchasing of stoc>s or shares in a compan$ is simple investment and not a
violation of the article. However, reglarl$ b$ing secrities for resale is
speclation

Article 51&
%OSSESSION OF %RO8I<ITE7 INTERESTS <Y A %U<LIC OFFICER :
&ho are liable'
1. Pblic officer in an$ contract or bsiness in which it is his official dt$ to
intervene.
2. 3!perts, arbitrators and private accontants in an$ contract or transaction
connected with the estate or propert$ in the approval, distribtion or
adDdication of which the$ had acted.
3. Gardians and e!ectors with respect to propert$ belonging to their wards or
the estate.
-otes'
1. %ctal frad is not necessar$.
2. %ct is pnished becase of the possibilit$ that frad ma$ be committed or that
the officer ma$ place his own interest above that of the Government or part$
which he represents
AN ACT 7EFINING AN7 %ENALIHING T8E CRIME OF %LUN7ER
RA '616
1. :efinition of Ill@(otten ,ealt"'
%n$ asset, propert$, bsiness enterprise or material possession of an$ person ac0ired
b$ him directl$ or indirectl$ throgh dmmies, nominees, agents, sbordinates, andEor
bsiness associates b$ an$ combination or series of the following means or similar
schemes'
1. Throgh misappropriation, conversion, misse or malversation of pblic fnds
or raids on the pblic treasr$.
2. /$ receiving, directl$ or indirectl$, an$ commission, gift, share, percentage,
>ic>bac>s or an$ other form of pecniar$ benefit from an$ person andEor
entit$ in connection with an$ government contract or proDect or b$ reason of
the office or position of the pblic officer concernedA
3. /$ the illegal or fradlent conve$ance or disposition of assets belonging to
the -ational Government or an$ of its sbdivisions, agencies or
instrmentalities or government7owned or controlled corporations and their
sbsidiariesA
4. /$ obtaining, receiving or accepting, directl$ or indirectl$, an$ shares of
stoc>, e0it$ or an$ other form of interest or participation, inclding the
promise of ftre emplo$ment in an$ bsiness enterprise or nderta>ing.
". /$ establishing agricltral, indstrial or commercial monopolies or other
combinations, andEor implementation of decrees and orders intended to benefit
particlar persons or special interestsA
#. /$ ta>ing nde advantage of official position, athorit$, relationship,
connection or inflence to nDstl$ enrich himself or themselves at the
e!pense and to the damage or preDdice of the Cilipino people and the
5epblic of the Philippines.

1. Persons Liable'
1. %n$ pblic officer who, b$ himself or in connivance with members of
his famil$, relatives b$ affinit$ or consanginit$, bsiness associates
and sbordinates or other persons, amasses, accmlates, or ac0ires
ill7gotten wealth throgh a combination or series of overt or criminal
acts as described nder B9@ in the aggregate amont or total vale of at
least "J million pesos, shall be gilt$ of the crime of plnder Bas
amended b$ 5% G#"L@.
2. %n$ person who participated with the said pblic officer in the
commission of plnder.
1. Frisdiction' %ll prosections nder this %t shall be within the original
Drisdiction of the 1andiganba$an.
1. 5le of 3vidence'
Cor prposes of establishing the crime of plnder, it shall not be necessar$ to prove
each and ever$ criminal act done b$ the accsed in frtherance of the scheme and
conspirac$ to amass, accmlate or ac0ire ill7gotten wealth, it being sfficient to
establish be$ond reasonable dobt a pattern of overt or criminal acts indicative of the
overall nlawfl scheme or conspirac$.
1. Prescription of 6rime'
The crime of plnder shall prescribe in 2J $ears. However, the right of the 1tate to
recover properties nlawfll$ ac0ired b$ pblic officers from them or from their
nominees or transferees shall not be barred b$ prescription, laches or estoppel.

III. MALVERSATION OF PUBLIC
FUNDS OR PROPERT*

Article 51'
ELEMENTS COMMON TO ALL ACTS MAL3ERSATION OF %U<LIC
FUN7S OR %RO%ERTY :
1. That the offender be a pblic officer Bor private person if entrsted with pblic
fnds or connived with pblic officers@
2. That he had the cstod$ or control of fnds or propert$ Bif not accontable for
the fnds, theft or 0alified theft@
3. That those fnds or propert$ were pblic fnds or propert$ Beven if private
fnds if attached, sei?ed, deposited or commingled with pblic fnds@
4. That he'
1. %ppropriated the fnds or propert$
2. Too> or misappropriated them
3. 6onsented or, throgh abandonment or negligence, permitted an$ other
person to ta>e sch pblic fnds or propert$. Bit is not necessar$ that
the offender profited thereb$. His being remiss in the dt$ of
safe>eeping pblic fnds violates the trst reposed@
2alversation is otherwise called embe??lement
9t can be committed either with malice or throgh negligence or imprdence
9n determining whether the offender is a pblic officer, what is controlling is
the natre of his office and not the designation
The fnds or propert$ mst be received in an official capacit$. .therwise, the
crime committed is estafa
&hen a pblic officer has official cstod$ or the dt$ to collect or receive
fnds de the government, or the obligation to accont for them, his
misappropriation of the same constittes malversation
% pblic officer who has 0alified charge of gov<t propert$ withot athorit$
to part with its ph$sical possession pon order of an immediate sperior, he
cannot be held liable nder this article
Private individals can also be held liable for malversation nder 2
circmstances'
1. when the$ are in conspirac$ with pblic officersA and
2. when the$ have charge of national, provincial or mnicipal fnds, revenes or
propert$ in an$ capacit$
9n malversation throgh negligence, the negligence of the accontable pblic
officer mst be positivel$ and clearl$ shown to be ine!csable, appro!imating
frad or malice
The measre of negligence to be observed is the standard of care
commensrate with the occasion
&hen malversation is not committed throgh negligence, lac> of criminal
intent or good faith is a defense
The failre of a pblic officer to have an$ dl$ forthcoming pblic fnds or
propert$ pon demand, b$ an$ athori?ed officer, shall be prima facie
evidence that he has pt sch missing fnds or propert$ to personal se.
However, if at the ver$ moment when the shortage is discovered, the
accontable officer is notified, and he immediatel$ pa$s the amont from his
poc>et, the presmption does not arise
5etrning the embe??led fnds is not e!empting, it is onl$ mitigating
There is also no malversation when the accontable officer is obliged to go ot
of his office and borrow the amont corresponding to the shortage and later,
the missing amont is fond in an naccstomed place
% person whose negligence made possible the commission of malversation b$
another can be held liable as a principal b$ indispensable cooperation
:emand as well as damage to the government are not necessar$ elements
Mal.ersation =51'> Esta-a ,it" A)se o- Con-i0ence =:1$>
Cnds or propert$ sall$ pblic CndsEpropert$ are alwa$s private
.ffender is sall$ a pblic officer who is
accontable for the pblic fndsEpropert$
.ffender is a private individal or even a
pblic officer who is not accontable for
pblic fndsEpropert$
6rime is committed b$ approaching,
ta>ing, or misappropriatingEconsenting, or
throgh abandonment or negligence,
permitting an$ other person to ta>e the
pblic fndsEpropert$
6rime is committed b$ misappropriating,
converting, or den$ing having received
mone$, goods or other personal propert$

Article 511
ELEMENTS OF FAILURE OF ACCOUNTA<LE OFFICER TO
REN7ER ACCOUNTS :
1. That the offender is a pblic officer, whether in the service or separated
therefrom.
2. That he mst be an accontable officer for pblic fnds propert$.
3. That he is re0ired b$ law or reglation to render acconts to the commission
on adit, or to a provincial aditor.
4. That he fails to do so for a period of two months after sch acconts shold be
rendered.
-ote' :emand and misappropriation are not necessar$

Article 514
ELEMENTS OF FAILURE OF A RES%ONSI<LE %U<LIC OFFICER
TO REN7ER ACCOUNTS <EFORE LEA3ING T8E COUNTRY :
2. That he mst be an accontable officer for pblic fnds or propert$.
3. That he mst have nlawfll$ left Bor be on the point of leaving@ the
Philippines withot secring from the 6ommission on %dit a certificate
showing that his acconts have been finall$ settled.
-ote' The act of leaving the Philippines mst be nathori?ed or not permitted
b$ law

Article 556
ELEMENTS OF ILLEGAL USE OF %U<LIC FUN7S OR %RO%ERTY
Btechnical malversation@'
2. That there is pblic fnd or propert$ nder his administration.
3. That sch pblic fnd or propert$ has been appropriated b$ law or ordinance
Bwithot this, it is simple malversation even if applied to other pblic
prpose@.
4. That he applies the same to a pblic se other than for which sch fnd or
propert$ has been appropriated b$ law or ordinance.
To distingish this article with %rt 21G, Dst remember that in illegal se of
pblic fnds or propert$, the offender does not derive an$ personal gain, the
fnds are merel$ devoted to some other pblic se
%bsence of damage is onl$ a mitigating circmstance

Article 551
ELEMENTS OF FAILURE TO MADE 7ELI3ERY OF %U<LIC FUN7S
OR %RO%ERTY
1. .ffender has gov<t fnds or propert$ in his possession
2. He is nder obligation to either'
1. ma>e pa$ment from sch fnds
2. to deliver propert$ in his cstod$ or administration when ordered b$
competent athorit$
3. He maliciosl$ fails or refses to do so
-ote' Penalt$ is based on vale of fndsEpropert$ to be delivered

Article 555
%ERSONS 28O MAY <E 8EL7 LIA<LE UN7ER ARTS 51' TO 551
1. Private individal who, in an$ capacit$, have charge of an$ national,
provincial or mnicipal fnds, revene, or propert$
2. %dministrator or depositar$ of fnds or propert$ that has been attached, sei?ed
or deposited b$ pblic athorit$, even if owned b$ a private individal
1heriffs and receivers fall nder the term ;administrator=
% Ddicial administrator in charge of settling the estate of the deceased is not
covered b$ the article

IV. INFIDELIT* OF PUBLIC
OFFICERS

Article 55:
ELEMENTS OF CONNI3ING 2IT8 OR CONSENTING TO E3ASION
1. That the offender is a pblic officer Bon dt$@.
2. That he is charged with the conve$ance or cstod$ of a prisoner, either
detention prisoner or prisoner b$ final Ddgment.
3. That sch prisoner escaped from his cstod$
4. That he was in connivance with the prisoner in the latter<s escape
:etention prisoner' refers to a person in legal cstod$, arrested for and charged
with some crime or pblic offense
The release of a detention prisoner who cold not be delivered to Ddicial
athorities within the time fi!ed b$ law is not infidelit$ in the cstod$ of a
prisoner. -either is mere lenienc$ or la!it$ in the performance of dt$
constittive of infidelit$
There is real and actal evasion of service of sentence when the cstodian
permits the prisoner to obtain a rela!ation of his imprisonment

Article 554
ELEMENTS OF E3ASION T8ROUG8 NEGLIGENCE:
2. That he is charged with the conve$ance or cstod$ of a prisoner, either
detention prisoner or prisoner b$ final Ddgment.
3. That sch prisoner escapes throgh his negligence.
4. Penalt$ based on natre of imprisonment
The article pnishes a definite la!it$ which amonts to deliberate non7
performance of a dt$
The fact that the pblic officer recaptred the prisoner who had escaped from
his cstod$ does not afford complete e!clpation
The liabilit$ of an escaping prisoner'
1. if he is a prisoner b$ final Ddgment, he is liable for evasion of service Bart
1"G@
2. if he is a detention prisoner, he does not incr criminal liabilit$ Bnless
cooperating with the offender@.

Article 55$
ELEMENTS OF ESCA%ES OF %RISONERS UN7ER T8E CUSTO7Y
OF A %ERSON NOT A %U<LIC OFFICER :
1. That the offender is a private person Bnote' mst be on dt$@
2. That the conve$ance or cstod$ of a prisoner or person nder arrest is
confined to him.
3. That the prisoner or person nder arrest escapes.
4. That the offender consents to the escape of the prisoner or person nder arrest,
or that the escape ta>es place throgh his negligence
-ote' This article is not applicable if a private person made the arrest and he
consented to the escape of the person he arrested

Article 55&
ELEMENTS OF REMO3AL+ CONCEALMENT+ OR 7ESTRUCTION
OF 7OCUMENTS In-i0elit* in csto0* o- 0oc/ents:
1. That the offender be a pblic officer.
2. That he abstracts, destro$s or conceals a docment or papers.
3. That the said docment or paper shold have been entrsted to sch pblic
officer b$ reason of his office.
4. That damage, whether serios or not, to a third part$ or to the pblic interest
shold have been cased.
The docment mst be complete and one b$ which a right cold be established
or an obligation cold be e!tingished
/oo>s, periodicals, pamphlets etc are not docments
;Papers= wold inclde chec>s, promissor$ notes and paper mone$
% post office official who retained the mail withot forwarding the letters to
their destination is gilt$ of infidelit$ in the cstod$ of papers
5emoval of a docment or paper mst be for an illicit prpose. There is illicit
prpose when the intention of the offender is to'
1. tamper with it
2. to profit b$ it
3. to commit an$ act constitting a breech of trst in the official thereof
5emoval is consmmated pon removal or secreting awa$ of the docment
from its sal place. 9t is immaterial whether or not the illicit prpose of the
offender has been accomplished
9nfidelit$ in the cstod$ of docments throgh destrction or concealment
does not re0ire proof of an illicit prpose
:elivering the docment to the wrong part$ is infidelit$ in the cstod$ thereof
The damage ma$ either be great or small
The offender mst be in cstod$ of sch docments

Article 55'
ELEMENTS OF OFFICER <READING SEAL :
2. That he is charged with the cstod$ of papers or propert$.
3. That these papers or propert$ are sealed b$ proper athorit$.
4. That he brea>s the seals or permits them to be bro>en.
9t is the brea>ing of the seals and not the opening of a closed envelope which
is pnished
:amage or intent to case damage is not necessar$A damage is presmed

Article 551
ELEMENTS OF O%ENING OF CLOSE7 7OCUMENTS:
2. That an$ closed papers, docments, or obDects are entrsted to his cstod$.
3. That he opens or permits to be opened said closed papers, docments or
obDects.
4. That he does not have proper athorit$.
-ote' :amage also not necessar$

Article 554
RE3ELATION OF SECRET <Y AN OFFICER:
ELEMENTS OF %AR.1: <Y REASON OF 8IS OFFICIAL CA%ACITY
2. That he >nows of a secret b$ reason of his official capacit$.
3. That he reveals sch secret withot athorit$ or Dstifiable reasons.
4. That damage, great or small, be cased to the pblic interest.
". Bdamage is essential@
-otes'
1. 1ecret mst affect pblic interest
2. 1ecrets of a private individal is not inclded
3. 3spionage for the benefit of another 1tate is not contemplated b$ the article. 9f
regarding militar$ secrets or secrets affecting state secrit$, the crime ma$ be
espionage.
ELEMENTS OF %AR 5 E 7ELI3ERING 2RONGFULLY %A%ERS OR
CO%IES OF %A%ERS OF 28IC8 8E MAY 8A3E C8ARGE AN7
28IC8 S8OUL7 NOT <E %U<LIS8E7:
2. That he has charge of papers.
3. That those papers shold not be pblished.
4. That he delivers those papers or copies thereof to a third person.
". That the deliver$ is wrongfl.
#. That damage be cased to pblic interest.
-otes'
1. ;6harge=' means cstod$ or control. 9f he is merel$ entrsted with the papers
and not with the cstod$ thereof, he is not liable nder this article
2. 9f the papers contain secrets which shold not be pblished, and the pblic
officer having charge thereof removes and delivers them wrongfll$ to a third
person, the crime is revelation of secrets. .n the other hand, if the papers do
not contain secrets, their removal for an illicit prpose is infidelit$ in the
cstod$ of docments
3. :amage is essential to the act committed

Article 5:6
ELEMENTS OF %U<LIC OFFICER RE3EALING SECRETS OF
%RI3ATE IN7I3I7UAL:
1. That the offender is a pblic officer
2. That he >nows of the secret of a private individal b$ reason of his office.
3. That he reveals sch secrets withot athorit$ or Dstification reason.
5evelation to one person is sfficient
9f the offender is an attorne$, he is properl$ liable nder %rt 2JL Bbetra$al of
trst b$ an attorne$@
:amage to private individal is not necessar$

V. OTHER OFFENSES OR
IRREGULARITIES B* PUBLIC
OFFICERS

Article 5:1
ELEMENTS OF O%EN 7ISO<E7IENCE:
1. That the offender is a Ddicial or e!ective officer.
2. That there is a Ddgment, decision or order of sperior athorit$.
3. That sch Ddgment, decision or order was made within the scope of the
Drisdiction of the sperior athorit$ and issed with all the legal formalities.
4. that the offender withot an$ legal Dstification openl$ refses to e!ecte the
said Ddgment, decision or nder which he is dt$ bond to obe$.
-ote' Fdgment shold have been rendered in a hearing and issed within
proper Drisdiction with all legal solemnities re0ired

Article 5:5
ELEMENTS OF 7ISO<E7IENCE TO OR7ER OF SU%ERIOR
OFFICER 28EN SAI7 OR7ER 2AS SUS%EN7E7 <Y INFERIOR
OFFICER:
2. That an order is issed b$ his sperior for e!ection.
3. That he has for an$ reason sspended the e!ection of sch order.
4. That his sperior disapproves the sspension of the e!ection of the order.
". That the offender disobe$s his sperior despite the disapproval of the
sspension.
-ote' % pblic officer is not liable if the order of the sperior is illegal

Article 5::
ELEMENTS OF REFUSAL OF ASSISTANCE:
2. That a competent athorit$ demands from the offender that he lend his
cooperation towards the administration of Dstice or other pblic service.
3. That the offender fails to do so maliciosl$.
9nvolves a re0est from one pblic officer to another
:amage to the pblic interest or third part$ is essential
:emand is necessar$

Article 5:4
ELEMENTS OF REFUSAL TO 7ISC8ARGE ELECTI3E OFFICE:
1. That the offender is elected b$ poplar election to a pblic office.
2. That he refses to be sworn in or discharge the dties of said office.
3. That there is no legal motive for sch refsal to be sworn in or to discharge the
dties of said office.
-ote' 3ven if the person did not rn for the office on his own will as the
6onstittion provides that ever$ citi?en ma$ be re0ired to render service

Article 5:$
ELEMENTS OF MALTREATMENT OF %RISONERS:
1. That the offender is a pblic officer or emplo$ee.
2. That he has nder charge a prisoner or detention prisoner Botherwise the crime
is ph$sical inDries@
3. That he maltreats sch prisoner in either of the following manners'
1. b$ overdoing himself in the correction or handling of a prisoner or
detention prisoner nder his charge either
b$ the imposition of pnishments not athori?ed b$ the reglations, or
b$ inflicting sch pnishments Bthose athori?ed@ in a crel and hmiliating
manner, or
1. b$ maltreating sch prisoner to e!tort a confession or to obtain some
information from the prisoner.
The pblic officer mst have actal charge of the prisoner in order to be held
liable
To be considered a detention prisoner, the person arrested mst be placed in
Dail even for Dst a short while
.ffender ma$ also be held liable for ph$sical inDries or damage cased

Article 5:&
ELEMENTS OF ANTICI%ATION OF 7UTIES OF A %U<LIC OFFICE:
1. That the offender is entitled to hold a pblic office or emplo$ment, either b$
election or appointment.
2. That the law re0ires that he shold first be sworn in andEor shold first give a
bond.
3. That he assmes the performance of the dties and powers of sch office.
4. That he has not ta>en his oath of office and.Eor given the bond re0ired b$ law.

Article 5:'
ELEMENTS OF %ROLONGING %ERFORMANCE OF 7UTIES AN7
%O2ERS:
1. That the offender is holding a pblic office.
2. That the period provided b$ law, reglations or special provisions for holding
sch office has alread$ e!pired.
3. That he contines to e!ercise the dties and powers of sch office.
-ote' The article contemplates officers who have been sspended, separated or
declared over7aged or dismissed

Article 5:1
ELEMENTS OF A<AN7ONMENT OF OFFICE OR %OSITION :
2. That he formall$ resigns from his position.
3. That his resignation has not $et been accepted.
4. That he abandons his office to the detriment of the pblic service.
There mst be formal or written resignation
The offense is 0alified if the prpose behind the abandonment is to evade the
discharge of dties consisting of preventing, prosecting or pnishing an$ of
the crimes against national secrit$. The penalt$ is higher. This involves the
following crimes'
1. treason
2. conspirac$ and proposal to commit conspirac$
3. misprision of treason
4. espionage
". inciting to war or giving motives to reprisals
#. violation of netralit$
G. correspondence with hostile contr$
I. flight to enem$ contr$
L. pirac$ and mtin$ on the high seas
1J. rebellion
11. conspirac$ and proposal to commit rebellion
12. dislo$alt$ to pblic officers
13. inciting to rebellion
14. sedition
1". conspirac$ to commit sedition
1#. inciting to sedition
A)an0on/ent o- O--ice or %osition
=5:1>
7ereliction o- 7t* =561>
There is actal abandonment throgh
resignation to evade the discharge of
dties.
Pblic officer does not abandon his office
bt merel$ fails to prosecte a violation of
the law.

Article 5:4
ELEMENTS OF USUR%ATION OF LEGISLATI3E %O2ERS:
1. That the offender is an e!ective or Ddicial officer.
2. That he Ba.@ ma>es general rles or reglations be$ond the scope of his
athorit$ or Bb.@ attempts to repeal a law or Bc.@ sspends the e!ection thereof.

Article 546
ELEMENTS OF USUR%ATION OF E?ECUTI3E FUNCTIONS:
2. That he Ba.@ assmes a power pertaining to the e!ective athorities, or Bb.@
obstrcts e!ective athorities in the lawfl e!ercise of their powers.
-ote' Legislative officers are not liable for srpation of e!ective fnctions

Article 541
ELEMENTS OF USUR%ATION OF CU7ICIAL FUNCTIONS:
1. That the offender is an officer of the e!ective branch of the government.
2. That he Ba.@ assmes Ddicial powers, or Bb.@ obstrct the e!ection of an$
order decision rendered b$ an$ Ddge within his Drisdiction.
-ote' % ma$or is gilt$ nder this article when he investigates a case while a
Dstice of the peace is in the mnicipalit$

Article 545
ELEMENTS OF 7ISO<EYING RE;UEST FOR
7IS;UALIFICATION:
2. That a proceeding is pending before sch pblic officer.
3. That there is a 0estion broght before the proper athorit$ regarding his
Drisdiction, which is not $et decided.
4. That he has been lawfll$ re0ired to refrain from contining the proceeding.
". That he contines the proceeding.

Article 54:
ELEMENTS OF A77RESSING OR7ERS OR RE;UESTS <Y
E?ECUTI3E OFFICER TO ANY CU7ICIAL AUT8ORITY:
1. That the offender is an e!ective officer.
2. That the addresses an$ order or sggestion to an$ Ddicial athorit$.
3. That the order or sggestion relates to an$ case or bsiness coming within the
e!clsive Drisdiction of the corts of Dstice.
-ote' Legislative or Ddicial officers are not liable nder this article

Article 544
ELEMENTS OF UNLA2FUL A%%OINTMENTS:
2. That he nominates or appoints a person to a pblic office.
3. That sch person lac>s the legal 0alification therefor.
4. That the offender >nows that his nominee or appointee lac>s the 0alification
at the time he made the nomination or appointment.
5ecommending, >nowing that the person recommended is not 0alified is not
a crime
There mst be a law providing for the 0alifications of a person to be
nominated or appointed to a pblic office

Article 54$
ELEMENTS OF A<USES AGAINST C8ASTITY:
2. That he solicits or ma>es immoral or indecent advances to a woman.
3. That sch woman mst be
1. interested in matters pending before the offender for decision, or with
respect to which he is re0ired to sbmit a report to or conslt with a
sperior officer, or
2. nder the cstod$ of the offender who is a warden or other pblic
officer directl$ charged with care and cstod$ of prisoners or person
nder arrest, or
3. the wife, daghter, sister or relative within the same degree b$ affinit$
of the person in the cstod$ of the offender
The mother of the person in the cstod$ of the pblic officer is not inclded
1olicit' means to propose earnestl$ and persistentl$ something nchaste and
immoral to a woman
The advances mst be immoral or indecent
The crime is consmmated b$ mere proposal
Proof of solicitation is not necessar$ when there is se!al intercorse
TITLE EIGHT
I. CRIMES AGAINST %ERSONS

7ESTRUCTION OF LIFE
A. ELEMENTS OF %ARRICI7E: =54&>
1. That a person is >illed.
2. That the deceased is >illed b$ the accsed.
3. That the deceased is the father, mother, or child, whether legitimate or
illegitimate, or a legitimate other ascendant or other descendant, or the
legitimate spose of the accsed.
Notes:
1. The relationship of the offender with the victim is the essential element of the
felon$
2. Parents and children are not inclded in the term ;ascendants= or
;descendants=
3. The other ascendant or descendant mst be legitimate. .n the other hand, the
father, mother or child ma$ be legitimate or illegitimate
4. The child shold not be less than 3 da$s old. .therwise, the offense is
infanticide
". 5elationship mst be alleged
#. % stranger who cooperates in committing parricide is liable for mrder or
homicide
G. 3ven if the offender did not >now that the person he had >illed is his son, he is
still liable for parricide becase the law does not re0ire >nowledge of the
relationship
<. 7EAT8 OR %8YSICAL INCURIES UN7ER E?CE%TIONAL
CIRCUMSTANCES
ReFisites:
1. % legall$ married person or parent srprises his spose or daghter Bthe latter
mst be nder 1I and living with them@ in the act of committing se!al
intercorse with another person
2. HeEshe >ills an$ or both of them or inflicts pon an$ or both of them an$
serios ph$sical inDr$ in the act or immediatel$ thereafter
3. He has not promoted or facilitated the prostittion of his wife or daghter, or
that he has not consented to the infidelit$ of the other spose.
Notes:
1. %rticle does not define or penali?e a felon$
2. -ot necessar$ that the parent be legitimate
3. %rticle applies onl$ when the daghter is single
4. 1rprise' means to come pon sddenl$ or ne!pectedl$
". %rt 24G is applicable when the accsed did not see his spose in the act se!al
intercorse with another person. However, it is enogh that circmstances
reasonabl$ show that the carnal act is being committed or has been committed
#. 1e!al intercorse does not inclde preparator$ acts
G. 9mmediatel$ thereafter' means that the discover$, escape, prsit and the
>illing mst all form parts of one continos act
I. The >illing mst be the direct b$7prodct of the rage of the accsed
L. -o criminal liabilit$ is incrred when less serios or slight ph$sical inDries
are inflicted. 2oreover, in case third persons caght in the crossfire sffer
ph$sical inDries, the accsed is not liable. The principle that one is liable for
the conse0ences of his felonios act is not applicable becase he is not
committing a felon$
C. ELEMENTS OF MUR7ER: =541>
1. That a person was >illed.
2. That the accsed >illed him.
3. That the >illing was attended b$ an$ of the following 0alif$ing circmstances
1. with treacher$, ta>ing advantage of sperior strength, with the aid or
armed men, or emplo$ing means to wea>en the defense or of means or
persons to insre or afford impnit$
2. in consideration of price, reward or promise
3. b$ means of inndation, fire, poison, e!plosion, shipwrec>, stranding
of vessel, derailment or assalt pon a street car or locomotive, fall of
airship, b$ means of motor vehicles or with the se of an$ other means
involving great waste or rin
4. on occasion of an$ of the calamities enmerated in the preceding
paragraph, or of an earth0a>e, erption of a volcano, destrctive
c$clone, epidemic or an$ other pblic calamit$
". with evident premeditation
#. with crelt$, b$ deliberatel$ and inhmanel$ agmenting the sffering
of the victim or otraging or scoffing at his person or corpse
4. The >illing is not parricide or infanticide.
Notes:
1. The victim mst be >illed in order to consmmate the offense. .therwise, it
wold be attempted or frstrated mrder
2. 2rder will e!ist with onl$ one of the circmstances. The other circmstances
are absorbed or inclded in one 0alif$ing circmstance. The$ cannot be
considered as generic aggravating circmstances
3. %n$ of the 0alif$ing circmstances mst be alleged in the information.
.therwise, the$ will onl$ be considered as generic aggravating circmstances
4. Treacher$ and premeditation are inherent in mrder with the se of poison.
7. ELEMENTS OF 8OMICI7E: =544>
1. That a person was >illed.
2. That the accsed >illed him withot an$ Dstif$ing circmstances.
3. That the accsed had the intention to >ill, which is presmed.
4. That the >illing was not attended b$ an$ of the 0alif$ing circmstances of
mrder, or b$ that of parricide or infanticide.
Notes:
1. 9ntent to >ill is conclsivel$ presmed when death reslted. Hence, evidence
of intent to >ill is re0ired onl$ in attempted or frstrated homicide
2. There is no crime of frstrated homicide throgh negligence
3. &hen the wonds that cased death were inflicted b$ 2 different persons, even
if the$ were not in conspirac$, each one of them is gilt$ of homicide
4. 9n all crimes against persons in which the death of the victim is an element,
there mst be satisfactor$ evidence of B1@ the fact of death and B2@ the identit$
of the victim
E. %ENALTY FOR FRUSTRATE7 %ARRICI7E+ MUR7ER OR 8OMICI7E
=5$6>
F. ELEMENTS OF 7EAT8 IN A TUMULTOUS AFFRAY: =5$1>
1. That there be several persons.
2. That the$ did not compose grops organi?ed for the common prpose of
assalting and attac>ing each other reciprocall$.
3. That these several persons 0arreled and assalted one another in a confsed
and tmltos manner.
4. That someone was >illed in the corse of the affra$.
". That it cannot be ascertained who actall$ >illed the deceased.
#. That the person or persons who inflicted serios ph$sical inDries or who sed
violence can be identified.
Notes:
1. Tmltos affra$ e!ists hen at least 4 persons ta>e part in it
2. &hen there are 2 identified grops of men who assalted each other, there is
no tmltos affra$
3. Persons liable are'
1. personEs who inflicted serios ph$sical inDries
2. if it is not >nown who inflicted serios ph$sical inDries on the
deceased, all persons who sed violence pon the person of the victim.
G. ELEMENTS OF %8YSICAL INCURIES INFLICTE7 IN A TUMULTOUS
AFFRAY: =5$5>
1. that there is a tmltos affra$ as referred to in the preceding article.
2. That a participant or some participants thereof sffer serios ph$sical inDries
or ph$sical inDries of a less serios natre onl$.
1. that the person responsible therefor cannot be identified.
2. That all those who appear to have sed violence pon the person of the
offended part$ are >nown.
8.GI3ING ASSISTANCE TO SUICI7E: =5$:>
Acts #nis"a)le:
1. %ssisting another to commit sicide, whether the sicide is consmmated or
not
2. Lending his assistance to another to commit sicide to the e!tent of doing the
>illing himself.
Notes:
1. % person who attempts to commit sicide is not criminall$ liable
2. % pregnant woman who tried to commit sicide b$ means of poison bt
instead of d$ing, the fets in her womb was e!pelled, is not liable for abortion
3. %ssistance to sicide is different from merc$7>illing. 3thanasiaEm> is the
practice of painlessl$ ptting to death a person sffering from some incrable
disease. 9n this case, the person does not want to die. % doctor who resorts to
ethanasia ma$ be held liable for mrder
4. Penalt$ is mitigated if sicide is not sccessfl.
I. ELEMENTS OF 7ISC8ARGE OF FIREARMS: =5$4>
1. that the offender discharges a firearm against or at another person.
2. That the offender has no intention to >ill that person.
Notes:
1. The offender mst shoot at another with an$ firearm withot intention of
>illing him. 9f the firearm is not discharged at a person, the act is not pnished
nder this article
2. % discharge towards the hose of the victim is not discharge of firearm. .n the
other hand, firing a gn against the hose of the offended part$ at random, not
>nowing in what part of the hose the people were, it is onl$ alarm nder art
1"".
3. )sall$, the prpose of the offender is onl$ to intimidate or frighten the
offended part$
4. 9ntent to >ill is negated b$ the fact that the distance between the victim and the
offender is 2JJ $ards
". % person can be held liable for discharge even if the gn was not pointed at the
offended part$ when it fired for as long as it was initiall$ aimed at or against
the offended part$.
C. ELEMENTS OF INFANTICI7E: =5$$>
1. That a child was >illed.
2. That the deceased child was less than three da$s BG2 hors@ of age.
3. That the accsed >illed the said child.
Notes:
1. &hen the offender is the father, mother or legitimate ascendant, he shall sffer
the penalt$ prescribed for parricide. 9f the offender is an$ other person, the
penalt$ is that for mrder. 9n either case, the proper 0alification for the
offense is infanticide
2. &hen infanticide is committed b$ the mother or maternal grandmother in
order to conceal the dishonor, sch fact is onl$ mitigating
3. The delin0ent mother who claims that she committed the offense to conceal
the dishonor mst be of good reptation. Hence, if she is a prostitte, she is
not entitled to a lesser penalt$ becase she has no honor to conceal
4. There is no infanticide when the child was born dead, or althogh born alive it
cold not sstain an independent life when it was >illed.
D. ELEMENTS OF INTENTIONAL A<ORTION: =5$&>
1. That there is a pregnant woman.
2. That violence is e!erted, or drgs or beverages administered, or that the
accsed otherwise acts pon sch pregnant woman.
3. That as a reslt of the se of violence or drgs or beverages pon her, or an$
other act of the accsed, the fets dies, either in the womb or after having been
e!pelled therefrom.
4. That the abortion is intended.
L. ELEMENTS OF UNINTENTIONAL A<ORTION: =5$'>
1. That there is a pregnant woman.
2. That violence is sed pon sch pregnant woman withot intending an
abortion.
3. That the violence is intentionall$ e!erted.
4. That as a reslt of the violence that fets dies, either in the womb or after
having been e!pelled therefrom.
Notes:
1. )nintentional abortion can also be committed throgh negligence
1. The accsed can onl$ be held liable if he >new that the woman was
pregnant
2. 9f there is no intention to case abortion and neither was violence
e!erted, arts 2"# and 2"G does not appl$.
M. ELEMENTS OF A<ORTION %RACTICE7 <Y T8E 2OMAN 8ERSELF
OR <Y 8ER %ARENTS: =5$1>
1. That there is a pregnant woman who has sffered an abortion.
3. That the abortion is cased b$
1. the pregnant woman herself
2. an$ other person, with her consent, or
3. an$ of her parents, with her consent for the prpose of concealing her
dishonor.
Notes:
1. Liabilit$ of the pregnant woman is mitigated if the prpose is to conceal her
dishonor. However, there is no litigation for the parents of the pregnant
women even if their prpose is to conceal their daghter<s dishonor
2. 9n infanticide, parents can avail of the mitigating circmstance of concealing
the dishonor of their daghter. This is not so for art 2"I
N. ELEMENTS OF A<ORTION %RACTICE7 <Y A %8YSICIAN OR
MI72IFE AN7 7IS%ENSING OF A<ORTI3ES: =5$4>
1. That there is a pregnant woman who has sffered an abortion.
3. That the offender, who mst be a ph$sician or midwife, cases or assists in
casing the abortion.
4. That said ph$sician or midwife ta>es advantage of his or her scientific
>nowledge or s>ill.
Notes:
1. 9t is not necessar$ that the pharmacist >new that the abortive wold be sed to
case abortion. &hat is pnished is the act of dispensing an abortive withot
the proper prescription. 9t is not necessar$ that the abortive be actall$ sed
2. 9f the pharmacist >new that the abortive wold be sed to case abortion and
abortion reslts, he is liable as an accomplice
O. RES%ONSI<ILITY OF %ARTICI%ANTS IN A 7UEL: =5&6>
Acts #nis"e0:
1. 8illing one<s adversar$ in a del
2. 9nflicting pon the adversar$ serios ph$sical inDries
3. 2a>ing a combat althogh no ph$sical inDries have been inflicted
%ersons lia)le:
1. Principals person who >illed or inflicted ph$sical inDries pon his
adversar$, or both combatants in an$ other cases
2. %ccomplices as seconds
Notes:
1. :el' a formal or reglar combat previosl$ concerted between 2 parties in the
presence of 2 or more seconds of lawfl age on each side, who ma>e the
selection of arms and fi! all the other conditions of the fight
2. 9f death reslts, the penalt$ is the same as that for homicide
%. C8ALLENGING TO A 7UEL: =5&1>
Acts #nis"a)le:
1. 6hallenging another to a del
2. 9nciting another to give or accept a challenge to a del
3. 1coffing at or decr$ing another pblicl$ for having refsed to accept a
challenge to fight a del
%ersons lia)le:
1. 6hallenger
2. 9nstigators
II. %8YSICAL INCURIES
1. A. MUTILATION: =5&5>
Din0s o- Mtilation
1. 9ntentionall$ mtilating another b$ depriving him, totall$ or partiall$, of some
essential organ for reprodction
2. 9ntentionall$ ma>ing another mtilation, i.e. lopping, clipping off an$ part of
the bod$ of the offended part$, other than the essential organ for reprodction,
to deprive him of that part of the bod$
Ele/ents:
1. There be a castration i.e. mtilation of organs necessar$ for generation
2. 2tilation is cased prposel$ and deliberatel$
Notes:
1. 9n the first >ind of mtilation, the castration mst be made prposel$.
.therwise, it will be considered as mtilation of the second >ind
2. 2a$hem' refers to an$ other intentional mtilation
1. <. SERIOUS %8YSICAL INCURIES: =5&:>
8o, Co//itte0
1. &onding
2. /eating
3. %ssalting
4. %dministering inDrios sbstances
2"at are serios #"*sical inGries:
1. 9nDred person becomes insane, imbecile, impotent or blind
2. 9nDred person
1. loses the se of speech or the power to hear or to smell, loses an e$e, a
hand, foot, arm or leg
2. loses the se of an$ sch member
3. becomes incapacitated for the wor> in which he had been habitall$
engaged
3. 9nDred person
1. becomes deformed
2. loses an$ other member of his bod$
3. loses the se thereof
4. becomes ill or incapacitated for the performance of the wor> in which
he had been habitall$ engaged in for more than LJ da$s
1. 9nDred person becomes ill or incapacitated for labor for more
than 3J da$s Bbt not more than LJ da$s@
Notes:
1. 1erios ph$sical inDries ma$ be committed throgh rec>less imprdence or
simple imprdence
2. There mst be no intent to >ill
3. 9mpotent shold inclde inabilit$ to coplate and sterilit$
4. /lindness re0ires lost of vision in both e$es. 2ere wea>ness in vision is not
contemplated
". Loss of power to hear mst involve both ears. .therwise, it will be considered
as serios ph$sical inDries nder par 3
#. Loss of se of hand or incapacit$ of sal wor> in par 2 mst be permanent
G. Par 2 refers to principal members of the bod$. Par 3 on the other hand, covers
an$ other member which is not a principal part of the bod$. 9n this respect, a
front tooth is considered as a member of the bod$, other than a principal
member
I. :eformit$' means ph$sical gliness, permanent and definite abnormalit$. -ot
crable b$ natral means or b$ natre. 9t mst be conspicos and visible.
Ths, if the scar is sall$ covered b$ a dress, it wold not be conspicos and
visible
L. The loss of 3 incisors is a visible deformit$. Loss of one incisor is not.
However, loss of one tooth which impaired appearance is a deformit$
1J. :eformit$ b$ loss of teeth refers to inDr$ which cannot be impaired b$ the action
of the natre
11. Loss of both oter ears constittes deformit$ and also loss of the power to hear.
2eanwhile, loss of the loble of the ear is onl$ a deformit$
12. Loss of the inde! and middle fingers is either a deformit$ or loss of a member, not
a principal one of his bod$ or se of the same
13. Loss of the power to hear in the right ear is considered as merel$ loss of se of
some other part of the bod$
14. 9f the inDr$ wold re0ire medical attendance for more than 3J da$s, the illness
of the offended part$ ma$ be considered as lasting more than 3J da$s. The fact that
there was medical attendance for that period of time shows that the inDries were not
cred for that length of time
1". )nder par 4, all that is re0ired is illness or incapacit$, not medical attendance
1#. 9n determining incapacit$, the inDred part$ mst have an avocation at the time of
the inDr$. &or>' incldes stdies or preparation for a profession
1G. &hen the categor$ of the offense of serios ph$sical inDries depends on the
period of the illness or incapacit$ for labor, there mst be evidence of the length of
that period. .therwise, the offense will onl$ be considered as slight ph$sical inDries
1I. There is no incapacit$ if the inDred part$ cold still engage in his wor> althogh
less effectivel$ than before
1L. 1erios ph$sical inDries is 0alified when the crime is committed against the
same persons enmerated in the article on parricide or when it is attended b$ an$ of
the circmstances defining the crime of mrder. However, serios ph$sical inDries
reslting from e!cessive chastisement b$ parents is not 0alified serios ph$sical
inDries

1. C. ELEMENTS OF A7MINISTERING INCURIOUS SU<STANCES
OR <E3ERAGES: =5&4>
1. That the offender inflicted pon another person an$ serios ph$sical
inDr$
2. That it was done >nowingl$ administering to him an$ inDrios
sbstances or beverages or b$ ta>ing advantage of his wea>ness of
mind of credlit$
3. He had no intent to >ill
Notes:
1. 9t is frstrated mrder when there is intent to >ill
2. %dministering means introdcing into the bod$ the sbstance, ths throwing
of the acid in the face is not contemplated.
1. 7. ELEMENTS OF LESS SERIOUS %8YSICAL INCURIES: =5&$>
1. That the offended part$ is incapacitated for labor for 1J da$s or more
Bbt not more than 3J da$s@, or needs medical attendance for the same
period of time
2. That the ph$sical inDries mst not be those described in the preceding
articles
Notes:
1. Circ/stances Fali-*in( t"e o--ense:
1. when there is manifest intent to inslt or offend the inDred person
2. when there are circmstances adding ignomin$ to the offense
3. when the victim is either the offender<s parents, ascendants, gardians,
crators or teachers
4. when the victim is a person of ran> or person in athorit$, provided the
crime is not direct assalt
". 9t falls nder this article even if there was no incapacit$ bt the
medical treatment was for 13 da$s
1. E. SLIG8T %8YSICAL INCURIES: =5&&>
: Din0s:
1. That which incapacitated the offended part$ for labor from 17L da$s or
re0ired medical attendance dring the same period
2. That which did not prevent the offended part$ from engaging in his habital
wor> or which did not re0ire medical attendance Be!. /lac>7e$e@
3. 9ll7treatment of another b$ deed withot casing an$ inDr$ Be!. slapping bt
withot casing dishonor@
1. F. RA%E =ART :$$>
The %nti75ape Law of 1LLG B5% I3"3@ now classified the crime of rape as Cri/e
A(ainst %ersons incorporated into Title I of the 5P6 to be >nown as 6hapter 3
Ele/ents: Ra#e is co//itte0
1. /$ a man who have carnal >nowledge of a woman nder an$ of the following
circmstances'
1. throgh force, threat or intimidation
2. when the offended part$ is deprived of reason or otherwise
nconscios
3. b$ means of fradlent machination or grave abse of athorit$
4. when the offended part$ is nder 12 $ears of age or is demented, even
thogh none of the circmstances mentioned above be present
". /$ an$ person who, nder an$ of the circmstances mentioned in par 1
hereof, shall commit an ac of se!al assalt b$ inserting
1. his penis into another person<s moth or anal orifice, or
2. an$ instrment or obDect, into the genital or anal orifice of
another person
Ra#e co//itte0 n0er #ar 1 is #nis"a)le )*:
1. reclsion perpeta
2. reclusion perpetuato :3%TH when
1. victim became insane b$ reason or on the occasion of rape
2. b. t$e rape is attempted and a $omicide is committed b% reason or on
t$e occasion t$ereo(
3. :3%TH when
1. homicide is committed
2. victim nder 1I $ears and offender is'
1. parent
2. ascendant
3. step7parent
4. gardian
". relative b$ consanginit$ or affinit$ with the 3
rd
civil degree or
#. common law spose of parent of victim
3. c. nder the cstod$ of the police or militar% aut$orities or an% la.
en(orcement or penal institution
4. committed in fll view of the spouse, parent or an$ of the children or
other relatives within the 3
rd
degree of consanginit$
". victim is a religios en*a*ed in le*itimate reli*ious vocation or callin*
and is personall% kno.n to be suc$ b% t$e o((ender be(ore or at t$e
time o( t$e commission o( t$e crime
#. a child below G $ears old
G. *. offender >nows he is afflicted with /V or %9:1 or an% ot$er
sexuall% transmissible disease and t$e virus is transmitted to t$e victim
I. $. offenderA member of the %CP, or para0militar% units t$ereo(, or the
P-P, or an$ law enforcement agenc$ or penal institution, .$en t$e
o((ender took advanta*e o( $is position to (acilitate t$e commission o(
t$e crime
L. victim sffered permanent ph$sical mtilation or disabilit%
1J. 1. t$e o((ender kne. o( t$e pre*nanc% o( t$e o((ended part% at t$e
time o( t$e commission o( t$e crime2 and
11. k. .$en t$e o((ender kne. o( t$e mental disabilit%, emotional
disorder and3or p$%sical $andicap or t$e o((ended part% at t$e time o(
t$e commission o( t$e crime
Ra#e co//itte0 n0er #ar 5 is #nis"a)le )*:
1. 4. prision ma%or
2. 5. prision ma%or to reclusion temporal
1. se of deadl$ weapon or
2. b$ two or more persons
3. reclusion temporal when the victim has become insane
4. reclusion temporal to reclusion pepetua rape is attempted and homicide is
committed
". reclusion perpetua homicide is committed b$ reason or on occasion of rape
#. reclusion temporal committed with an$ of the 1J aggravating circmstances
mentioned above
Notes:
1. The nderscored words are the amendments provided b$ 5% I3"3
2. :ividing age in rape'
1. less than G $rs old, mandator$ death
2. less than 12 $rs old, stattor$ rape
3. less than 1I $rs old and there is relationship Be.g. parent etc@A
mandator$ death
TITLE NINE
I. CRIMES AGAINST %ERSONAL LI<ERTY AN7 SECURITY
A. ELEMENTS OF DI7NA%%ING AN7 SERIOUS ILLEGAL 7ETENTION:
=5&'>
1.
1. .ffender is a private individal
2. He >idnaps or detains another, or in an$ other manner deprives the
latter of his libert$
3. The act of detention or >idnapping mst be illegal
4. That in the commission of the offense, an$ of the following
circmstances are present Bbecomes serios@
1. that the he >idnappingEdetention lasts for more than 3 da$s
2. that it is committed simlating pblic athorit$
3. that an$ serios ph$sical inDries are inflicted pon the person
>idnapped or detained or threats to >ill him are made, or
4. that the person >idnapped or detained is a minor Be!cept if
parent is the offender@, female or a pblic officer
Note: 2"en 0eat" #enalt* is i/#ose0:
1. if >idnapping is committed for the prpose of e!torting ransom either from the
victim or from an$ other person even if none of the aforementioned are
present in the commission of the offense Beven if none of the circmstances
are present@
2. when the victim is >illed or dies as a conse0ence of the detention or is raped
or is sbDected to tortre or dehmani?ing acts
<. ELEMENTS OF SLIG8T ILLEGAL 7ETENTION: =5&1>
1.
1. .ffender is a private person
2. He >idnaps or detains another or in an$ other maner deprives him pof
his libert$ E frnished place for the perpetation of the crime
3. That the act of detention or >idnapping mst be illegal
4. That the crime is committed withot the attendant of an$ of the
circmstances enmerated in %rt 2#G
Note: %ri.ile(e0 /iti(atin( circ/stances:
I- t"e o--en0er:
1. volntaril$ releases the person so >idnapped or detained within 3 da$s from
the commencement of the detention
2. withot having attained the prpose intended and
3. before the instittion of criminal proceedings against him
C. ELEMENTS OF UNLA2FUL ARREST: =5&4>
1. That the offender arrests or detains another person
2. That the prpose of the offender is to deliver him to the proper athorities
1. That the arrest or detention is not athori?ed b$ law or there is no
reasonable grond therefor
Notes:
1. .ffender is an$ person, so either a pblic officer or private individal
2. 5efers to warrantless arrests
3. 9n art 12", the detention is for some legal grond while here, the detention is
not athori?ed b$ law
4. 9n art 12", the crime pertains to failre to deliver the person to the proper
Ddicial athorit$ within the prescribed period while here, the arrest is not
athori?ed b$ law
7. ELEMENTS OF DI7NA%%ING AN7 FAILURE TO RETURN A MINOR:
=5'6>
1.
1. That the offender is entrsted with the cstod$ of a minor person
Bwhether over or nder G bt less than 1I $rs old@
2. That he deliberatel$ fails to restore the said minor to his parents
E. ELEMENTS OF IN7UCING A MINOR TO A<AN7ON 8IS 8OME: =5'1>
1.
1. That the minor Bwhether over or nder G@ is living in the home of his
parents or gardians or the person entrsted with his cstod$
2. That the offender indces a minor to abandon sch home
Notes:
1. 9ndcement mst be actal, committed with criminal intent and determined b$
a will to case damage
2. 2inor shold not leave his home of his own free will
3. 2itigating if b$ father or mother
F. ELEMENTS OF SLA3ERY: =5'5>
1. That the offender prchases. 1ells, >idnaps or detains a hman being.
2. That the prpose of the offender is to enslave sch hman being.
-ote' Nalif$ing circmstance if the prpose of the offender is to assign the
offended part$ to some immoral traffic Bprostittion@, the penalt$ is higher
G. ELEMENTS OF E?%LOITION OF C8IL7 LA<OR: =5':>
1. That the offender retains a minor in his service.
2. That it is against the will of the minor.
3. That it is nder the prete!t of reimbrsing himself of a debt incrred b$ an
ascendant, gardian or person entrsted with the cstod$ of sch minor.
8. ELEMENTS OF SER3ICES REN7ERE7 UN7ER COM%ULSION IN
%AYMENT OF 7E<T: =5'4>
1. That the offender compels a debtor to wor> for him, either as hosehold
servant or farm laborer.
2. That it is against the debtor<s will.
3. That the prpose is to re0ire or enforce the pa$ment of a debt.
II. CRIMES AGAINST SECURITY
A. A<AN7ONMENT OF %ERSON IN 7ANGER AN7 A<AN7ONMENT OF
ONE9S O2N 3ICTIM: =5'$>
Acts #nis"a)le:
1. /$ failing to render assistance to an$ person whom the offender finds in an
inhabited place wonded or in danger of d$ing, when he can render sch
assistance withot detriment to himself, nless sch omission shall constitte a
more serios offense
Ele/ents:
1. That place is not inhabited.
2. The accsed fond there a person wonded or in danger of d$ing.
3. The accsed can render assistance withot detriment to himself.
1. The accsed fails to render assistance.

1. /$ failing to help or render assistance to another whom the offender has
accidentall$ wonded or inDred
2. /$ failing to deliver a child, nder G whom the offender has fond abandoned,
to the athorities or to his famil$, or b$ failing to ta>e him to a safe place.
<. ELEMENTS OF A<AN7ONING A MINOR: =5'&>
1. That the offender has the cstod$ of a child.
2. That the child is nder seven $ears of age.
3. That he abandons sch child.
4. That he has no intent to >ill the child when the latter is abandoned.
N,$es)
1. 6onscios, deliberate, permanent, nless pnishable b$ a more serios offense
2. Nalif$ing circmstances'
1. when the death of the minor reslted from sch abandonment
2. if the life of the minor was in danger becase of the abandonment
C. ELEMENTS OF A<AN7ONMENT OF MINOR <Y %ERSON
ENTRUSTE7 2IT8 8IS CUSTO7YI IN7IFFERENCE OF %ARENTS: =5''>
Acts #nis"e0:
1. /$ delivering a minor to a pblic instittion or other persons wEo consent of
the one who entrsted sch minor to the care of the offender or, in the absence
of that one, withot the consent of the proper athorities
Ele/ents:
1. That the offender has charged of the rearing or edcation of a minor.
2. That he delivers said minor to a pblic instittion or other persons.
3. That the one who entrsted sch child to the offender has not consented to
sch act, or if the one who entrsted sch child to the offender is absentA the
proper athorities have not consented to it.
4. /$ neglecting his Boffender<s@ children b$ not giving them edcation which
their station in life re0ires and financial condition permits
Ele/ents:
1. That the offender is a parent.
2. That he neglects his children b$ not giving them edcation.
3. That his station in life re0ires sch edcation and his financial condition
permits it.
7. ELEMENTS OF E?%LOITATION OF MINORS: =5'1>
Acts #nis"e0:
1. /$ casing an$ bo$ or girl nder 1# to perform an$ dangeros feat of
balancing, ph$sical strength or contortion, the offender being an$ person
2. /$ emplo$ing children nder 1# who are not the children or descendants of
the offender in e!hibitions of acrobat, g$mnast, rope7wal>er, diver, or wild7
animal tamer or circs manager or engaged in a similar calling
3. /$ emplo$ing an$ descendant nder 12 in dangeros e!hibitions enmerated
in the ne!t preceding paragraph, the offender being engaged in an$ of said
callings
4. /$ delivering a child nder 1# gratitosl$ to an$ person following an$ of the
callings enmerated in par 2 or to an$ habital vagrant or beggar, the offender
being an ascendant, gardian, teacher or person entrsted in an$ capacit$ with
the care of sch child
". /$ indcing an$ child nder 1# to abandon the home of its ascendantsA
gardians, crators or teachers to follow an$ person engaged in an$ of the
callings mentioned in par 2 or to accompan$ an$ habital vagrant or beggar,
the offender being an$ person
Note: ;ali-*in( Circ/stance if the deliver$ of the child to an$ person following
an$ of the callings of acrobat, rope7wal>er, diver or wild7animal trainer or circs
manager or to an$ habital vagrant of beggar is made in consideration of an$ price,
compensation or promise, the penalt$ is higher.
E. A77ITIONAL %ENALTIES FOR OT8ER OFFENSES: =5'4>

F. ELEMENTS OF TRES%ASS TO 72ELLING: =516>
1. That the offender is a private person.
2. That he enters the dwelling of another.
3. That sch entrance is against the latter<s will.
N,$es:
1. Nalif$ing circmstance' if the offense is committed b$ means of violence or
intimidation, the penalt$ is higher
2. There mst be an opposition to the entr$ of the accsed
3. 9mplied prohibition is present considering the sitation late at night and
ever$one<s asleep or entrance was made throgh the window
4. Prohibition is not necessar$ when violence or intimidation is emplo$ed b$ the
offender
". &hen there is no overt act of the crime intended to be committed, this is the
crime
#. 2a$ be committed even b$ the owner Bas against the actal occpant@
G. -ot applicable to'
1. entrance is for the prpose of preventing harm to himself, the occpants or a
third person
2. prpose is to render some service to hmanit$ or Dstice
3. place is a cafS, tavern etc while open
I. -edina case' when the accsed entered the dwelling throgh the window, he had
no intent to >ill an$ person inside, bt the intention to >ill came to his mind when he
was being arrested b$ the occpants thereof, the crime of trespass to dwelling is a
separate and distinct offense from frstrated homicide
G. ELEMENTS OF OT8ER FORMS OF TRES%ASS: =511>
1. That the offender enters the closed premises or the fenced estate of another.
2. That the entrance is made while either of them is ninhabited.
3. That the prohibition to enter be manifest.
4. That the trespasser has not secred the permission of the owner or the
careta>er thereof.
8. GRA3E T8REATS 28ERE OFFEN7ER ATTAINE7 8IS %UR%OSE:
=515>
Acts #nis"a)le:
1. /$ threatening another with the infliction pon his person, honor or propert$
that of his famil$ of an$ wrong amonting to a crime and demanding mone$
or imposing an$ other condition, even thogh not nlawfl and the offender
B-ote' threat is with condition@
Ele/ents:
1. That the offender threatens another person with the infliction pon the latter<s
person, honor or propert$, or pon that of the latter<s famil$, of an$ wrong.
2. That sch wrong amonts to a crime.
3. That there is a demand for mone$ or that an$ other condition is imposed, even
thogh not nlawfl.
4. That the offender attains his prpose.
". /$ ma>ing sch threat withot the offender attaining his prpose
#. /$ threatening another with the infliction pon his person, honor or propert$
or that of his famil$ of an$ wrong amonting to a crime, the threat not being
sbDect to a condition B-ote' threat is withot condition@
Ele/ents:
1. That the offender threatens another person with the infliction pon the latter<s
person, honor or propert$, or pon that of the latter<s famil$, of an$ wrong.
2. That sch wrong amonts to a crime.
3. That the threat is not sbDect to a condition
N,$es)
1. %ggravating circmstances' if made in writing or thr a middleman
2. Crstrated if not received b$ the person being threatened
3. %rt 2I4 bond from good behavior ma$ be imposed Bonl$ in these offenses@
I. ELEMENTS OF LIG8T T8REATS: =51:>
1. That the offender ma>es a threat to commit a wrong.
2. That the wrong does not constitte a crime.
3. That there is a demand for mone$ or that other condition is imposed, even
thogh not nlawfl
4. That the offender has attained his prpose or, that he has not attained his
prpose
Art 514 )on0 -ro/ (oo0 )e"a.ior /a* )e i/#ose0 N,$es)
1. Bonl$ in these offenses@
2. The wrong does not amont to a crime
C. <ON7 FOR GOO7 <E8A3IOR: =514>
D. ELEMENTS OF OT8ER LIG8T T8REATS: =51$>
1. Person shall threaten another with a weapon, or draw weapon in a 0arrel
nless in self7defense.
2. 9n the heat of anger, person orall$ threatens another with some harm
constitting a crime, withot persisting in the idea involved in the threat.
1bse0ent acts did not persist.
3. Person orall$ threatens another with harm not constitting a felon$.
L. ELEMENTS OF GRA3E COERCIONS: =51&>
1. That a person prevented another from doing something .5 not to do
something against his will, be it right or wrongA
2. That the prevention or complsion be effected b$ violence, of force as wold
prodce intimidation and control the will.
3. That the person that restrained the will and libert$ b$ another had not the
athorit$ of law or the right to do so, or, in other words, that the restraint shall
not be made nder athorit$ of law or in the e!ercise of an$ lawfl right.
M. ELEMENTS OF LIG8T COERCIONS: =51'>
1. That the offender mst be a creditor.
2. That he sei?es an$thing belonging to his debtor.
3. That the sei?re of the thing be accomplished b$ means of violence or a
displa$ of material force prodcing intimidationA
4. That the prpose of the offender is to appl$ the same to the pa$ment of the
debt.
N. ELEMENTS OF OT8ER SIMILAR COERCIONS: =511>
ELEMENTS OF NO. 1
1. That the offender is an$ person, agent or officer of an$ association or
corporation.
2. That he or sch firm or corporation has emplo$ed laborers or emplo$ees.
3. That he forces or compels, directl$ or indirectl$, or >nowingl$ permits to be
forced or compelled, an$ of his or its laborers or emplo$ees to prchase
merchandise or commodities of an$ >ind from his or from said firm or
corporation.
ELEMENTS OF NO. 5
1. That the offender pa$s the wages de a laborer or emplo$ee emplo$ed b$ him
b$ means of to>ens or obDects.
2. That those to>ens or obDects are other than the legal tender crrenc$ to the
Philippines.
3. That sch emplo$ee or laborer does not e!pressl$ re0est that he be paid b$
means of to>ens or obDects.
O. ELEMENTS OF FORMATION+ MAINTENANCE+ AN7 %RO8I<ITION OF
COM<INATION OF CA%ITAL OR LA<OR T8ROUG8 3IOLENCE OR
T8REATS: =514>
1. That the offender emplo$s violence or threats, in sch a degree as to compel or
force the laborers or emplo$ers in the free and legal e!ercise of their indstr$
or wor>
2. That the prpose is to organi?e, maintain or prevent coalitions of capital or
labor, stri>e of laborers or loc>ot of emplo$ees.

III. 7ISCO3ERY AN7 RE3ELATION OF SECRETS
A. ELEMENTS OF 7ISCO3ERING SECRETS T8ROUG8 SEIHURE OF
CORRES%ON7ENCE: =546>
1. That the offender is a private individal or even a pblic officer not in the
e!ercise of his official fnction,
2. That he sei?es the papers or letters of another.
3. That the prpose is to discover the secrets of sch another person.
4. That offender is informed of the contents or the papers or letters sei?ed.
N,$es)
1. -ot applicable to parents with respect to minor children
2. 6ontents need not be secret bt prpose prevails
3. 6ircmstances 0alif$ing the offense' when the offender reveals contents of
sch papers or letters of another to a 3
rd
person, the penalt$ is higher
<. ELEMENTS OF RE3EALING SECRETS 2IT8 A<USE OF OFFICE: =541>
1. That the offender is a manager, emplo$ee or servant.
2. That he learns the secrets of his principal or master in sch capacit$.
3. That he reveals sch secrets.
C. ELEMENTS OF RE3ELATION OF IN7USTRIAL SECRETS: =545>
1. That the offender is a person in charge, emplo$ee or wor>man of a
manfactring or indstrial establishment.
2. That the manfactring or indstrial establishment has a secret of the indstr$
which the offender has learned.
3. That the offender reveals sch secrets.
4. That the preDdice is cased to the owner.
TITLE TEN
I. CRIMES AGAINST %RO%ERTY
A. ELEMENTS OF RO<<ERY IN GENERAL: =54:>
1. That there be personal propert$ belonging to another.
2. That there is nlawfl ta>ing of that propert$.
3. That the ta>ing mst be with intent to gain, and
4. That there is violence against or intimidation of an$ person, or force pon
an$thing.
N,$es)
1. /elonging to another person from whom propert$ was ta>en need not be the
owner, legal possession is sfficient
2. -ame of the real owner is not essential so long as the personal propert$ ta>en
does not belong to the accsed e!cept if crime is robber$ with homicide
3. Ta>ing of personal propert$ mst be nlawflA if given in trst estafa
4. %s to robber$ with violence or intimidation from the moment the offender
gains possession of the thing even if offender has had no opportnit$ to
dispose of the same, the nlawfl ta>ing is complete
". %s to robber$ with force pon things thing mst be ta>en ot of the bilding
#. 9ntent to gain presmed from nlawfl ta>ing
G. Ta>ing mst not be nder the claim of title or ownership
I. &hen there<s no intent to gain bt there is violence in the ta>ing grave
coercion
L. 4iolence or intimidation mst be against the person of the offended part$, not
pon the thing
16. General rle: violence or intimidation mst be present before the ;ta>ing= is
complete
11. EJce#t: when violence reslts in homicide, rape, intentional mtilation or an$ of
the serios ph$sical inDries in par 1 and 2 of art 2#3, the ta>ing of the propert$ is
robber$ comple!ed with an$ of these crimes nder art 2L4, even if ta>ing is alread$
complete when violence was sed b$ the offender
12. )se of force pon things entrance to the bilding b$ means described in arts 2LL
and 3J2 Boffender mst enter@
13. &hen both violence or intimidation and force pon things concr it is robber$
with violence
Ro))er* ,it" .iolence Gra.e t"reats Gra.e coercion
9ntent to gain -o intent to gain -one
9mmediate harm 9ntimidationA promises
some ftre harm or
inDr$
9ntimidation Beffect@ is immediate and
offended part$ is compelled to do
something against his will BwEn right or
wrong@

Ro))er* <ri)er*
( didn<t commit crime bt is intimidated to
deprive him of his propert$
( has committed a crime and gives
mone$ as wa$ to avoid arrest or
prosection
:eprived of Php thr force or intimidation Giving of Php is in one sense volntar$
-either Transaction is volntar$ and mtal
3!. defendant demands pa$ment of P2.JJ with
threats of arrest and prosection, therefore,
robber$ becase Ba@ intent to gain and Bb@
immediate harm

A. ELEMENTS OF RO<<ERY 2IT8 3IOLENCE AGAINST OR
INTIMI7ATION OF %ERSON: =544>
%cts pnished as robber$ with violence against or intimidation of persons
/$ reason or on occasion of the robber$, the following are committed'
1. homicide
2. robber$ accompanied with rape or intentional mtilation, 1P9 insane,
imbecile, impotent or blind
3. 1P9 lost the se of speech, hear, smell, e$e, hand, foot, arm, leg, se of an$
sch member, incapacitated for wor> habitall$ engaged in
4. 4iolenceEintimidation shall have been carried to a degree clearl$ nnecessar$
for the crime or when in the case of its e!ection 1P9Edeformit$, or shall
have lost an$ part of the bod$ or the se thereof or shall have been ill or
incapacitated for the performance of the wor> for T LJ da$sA T 3J da$s
". %n$ >ind of robber$ with less serios ph$sical inDries or slight ph$sical
inDries
N,$es)
1. special comple! crimes Bspecific penalties prescribed@
1. robber$ with homicide if original design is robber$ and homicide is
committed robber$ with homicide even thogh homicide precedes
the robber$ b$ an appreciable time. 9f original design is not robber$
bt robber$ was committed after homicide as an afterthoght 2
separate offenses. 1till robber$ with homicide if the person >illed
was an innocent b$stander and not the person robbed and if death
spervened b$ mere accident.
2. robber$ with rape intent to commit robber$ mst precede rape.
Prosection of the crime need not be b$ offended part$ fiscal can
sign the information. &hen rape and homicide co7e!ist, rape shold be
considered as aggravating onl$ and the crime is still robber$ with
homicide
3. robber$ with intimidation acts done b$ the accsed which b$ their
own natre or b$ reason of the circmstances inspire fear in the person
against whom the$ are directed
4. 0alif$ing circmstances in robber$ with violence or intimidation of
persons, if an$ of the offenses defined in sbdivisions 3, 4 and " of %rt
2L4 is committed'
1. in an ninhabited place or
2. b$ a band or
3. b$ attac>ing a moving train, street car, motor vehicle or airship,
or
4. b$ entering the passenger<s compartments in a train, or in an$
manner ta>ing the passengers thereof b$ srprise in the
respective conve$ances, or
". on a street, road, highwa$ or alle$ and the intimidation is made
with the se of firearms, the offender shall be pnished b$ the
ma! period of the proper penalties prescribed in art 2L4
<. ;UALIFIE7 RO<<ERY 2IT8 3IOLENCE OR INTIMI7ATION =54$>
&otes:
1. 2st be alleged in the information
2. 6an<t be offset b$ generic mitigating
3. %rt 2L" will not appl$ to' robber$ wE homicide, rape or 1P9 nder par 1 of art
2#3
C. RO<<ERY <Y A )an0: =54&>
%,$es)
1. 2ore than 3 armed malefactors
2. Liabilit$ for the acts of the other members of the band
3. 6onspirac$ to commit robber$ with homicide even if less than 4 armed men
4. 6onspirac$ to commit robber$ onl$ bt homicide was committed also on the
occasion thereof all members of the band are liable for robber$ with
homicide
". 6onspirac$ is presmed when 4 or more armed persons committed robber$
#. )nless the others attempted to prevent the assalt gilt$ of robber$ b$ band
onl$
1. he was a member of the band
2. he was present at the commission of a robber$ b$ that band
3. other members of the band committed an assalt
4. he did not attempt to prevent the assalt
7. ATTEM%TE7 OR FRUSTRATE7 RO<<ERY 2IT8 8OMICI7E: =54'>
N,$es)
1. &hether robber$ is attempted or frstrated, penalt$ is the same
2. &here offense committed is attempted or frstrated robber$ with serios
ph$sical inDries article 4I is applicable

E. ELEMENTS OF E?ECUTION OF 7EE7S <Y MEANS OF 3IOLENCE OR
INTIMI7ATION: =541>
1. That the offender has intent to defrad another.
2. That the offender compels him to sign, e!ecte, or deliver an$ pblic
instrment or docment.
3. That the complsion is b$ means of violence or intimidation.

F. ELEMENTS OF RO<<ERY IN AN IN8A<ITE7 8OUSE OR %U<LIC
<UIL7ING OR E7IFICE 7E3OTE7 TO 2ORS8I%: =544>
1. That the offender entered Ba@ an inhabited hose, or Bb@ pblic bildings, or Bc@
edifice devoted to religios worship.
2. That the entrance was effected b$ an$ of the following means'
1. Throgh an opening not intended for entrance or egress.
2. /$ brea>ing an$ wall, roof, or floor or brea>ing an$ door or window.
3. /$ sing false >e$s, pic>loc>s or similar tools or.
4. /$ sing an$ fictitios name or pretending the e!ercise of pblic
athorit$.
". That once inside the bilding, the offender too> personal propert$
belonging to another with intent to gain.
N,$es)
1. 9ncldes dependencies Bstairwa$s, hallwa$s, etc.@
2. 9nhabited hose an$ shelter, ship or vessel constitting the dwelling of one
or more person even thogh temporaril$ absent dependencies, corts, corals,
barns, etc.
3. -.T 9-6L):3: .56H%5:, L%-:1 C.5 6)LT94%T9.-.
4. 9mportant for robber$ b$ se of force pon things, it is necessar$ that offender
enters the bilding or where obDect ma$ be fond. -. 3-T5*, -.
5.//35*
". 3ntrance is necessar$ mere insertion of hand is not enogh Bwhole bod$@A
not to get ot bt to enter therefore, evidence to sch effect is necessar$
#. P v. Lama$an* intent to rob being present is necessar$
G. Place' hose or bildingA not car
I. Pblic bilding ever$ bilding owned, rented or sed b$ the government
Bthogh owned b$ private persons@ thogh temporaril$ vacant
L. -ot robber$ passing throgh open door bt getting ot of a window
1J. .tside door mst be bro>en, smashed. Theft if loc> is merel$ removed or door
was merel$ pshed
11. Calse >e$s genine >e$s stolen from the owner or an$ >e$s other than those
intended b$ the owner for se in the loc>
12. Pic>loc>s speciall$ made, adopted for commission of robber$
13. 8e$ stolen not b$ force, otherwise, it<s robber$ b$ violence and intimidation
against persons
14. Calse >e$ sed in opening hose and not frnitre inside, otherwise, theft Bfor
latter to be robber$., mst be bro>en and not Dst opened@
1". Gen. 5le' otside door. 3!ception' inside door in a separate dwelling
1#. 3.g. pretending to be police to be able to enter Bnot pretending after entrance@
G. ELEMENTS OF RO<<ERY 2IT8 FORCE U%ON SU<7I3ISION =<> OR
ART. 544
1. That the offender is inside a dwelling hose, pblic bilding, or edifice
devoted to religios worship, regardless of the circmstances nder which he
entered it
2. That the offender ta>es personal propert$ belonging to another with intent to
gain, nder an$ of the following circmstances.
1. b$ the brea>ing of doors, wardrobes, chests, or an$ other >ind of
loc>ed or sealed frnitre or receptacle, or
2. b$ ta>ing sch frnitre or obDects awa$ to be bro>en or forced open
otside the place of the robber$.
N,$es)
1. 3ntrance B no matter how done@
2. .ffender ma$ be servants or gests
3. :estrction of >e$hole of cabinet is robber$ here
4. &hen sealed bo! is ta>en ot for the prpose of brea>ing it, no need to open
alread$ consmmated robber$
". 3stafa if bo! is in the cstod$ of acc
#. Theft if bo! fond otside and forced open
8. RO<<ERY IN AN UNIN8A<ITE7 %LACE AN7 <Y A <AN7: =:66>
I. 28AT IS AN UNIN8A<ITE7 8OUSE+ %U<LIC <UIL7ING OR
<UIL7ING 7E7ICATE7 TO RELIGIOUS 2ORS8I% AN7 T8EIR
7E%EN7ENCIES: =:61>
&otes:
1. dependencies are all interior corts, corrals, warehoses, granaries or
enclosed places'
1. contigos to the bilding
2. having an interior entrance connected therewith
3. which form part of the whole
2. Garage mst have 3 re0irements. 3!ception' orchardsElands
C. ELEMENTS OF RO<<ERY IN AN UNIN8A<ITE7 %LACE OR IN A
%RI3ATE <UIL7ING: =:65>
1. That the offender entered an ninhabited place or a bilding which was not a
dwelling hose, not a pblic bilding, or not an edifice devoted to religios
worship.
2. that an$ of the following circmstances was present'
3. That with intent to gain the offender too> therefrom personal propert$
belonging to another.
1. That entrance was effected throgh an opening not intended for entrance or
egress.
2. % wall, roof, floor, or otside door or window was bro>en.
3. The entrance was effected throgh the se of false >e$s, pic>loc>s or other
similar tools.
4. % door, wardrobe, chest, or an$ sealed or closed frnitre or receptacle was
bro>en or
". % closed or sealed receptacle was removed, even if the same be bro>en open
elsewhere.
Notes:
1. 1econd >ind of robber$ with force pon things
2. )ninhabited place is an ninhabited bilding Bhabitable, not an$ of the 3
places mentioned@
3. 3!. warehose, freight car, store. 3!ception' pigst$
4. 1ame manner as 2LL e!cept that was entered into was an ninhabited place or
a bilding other than the 3 mentioned in 2LL. 3!ception' does not inclde se
of fictitios name or pretending the e!ercise of pblic athorit$
". /rea>ing of padloc> Bbt not door@ is onl$ theft
#. Calse >e$s genine >e$s stolen from the owner or an$ other >e$s other than
those intended b$ the owner for se in the loc> forcibl$ opened
D. RO<<ERY OF CEREALS+ FRUITS OR FIRE 2OO7 IN AN
UNIN8A<ITE7 %LACE OR %RI3ATE <UIL7ING: =:6:>
L. ELEMENTS OF ILLEGAL %OSSESSION OF %ICDLOCDS OR SIMILAR
TOOLS: =:64>
1. That the offender has in his possession pic>loc>s or similar tools.
2. That sch pic>loc>s or similar tools are speciall$ adopted to the commission
of robber$.
3. That the offender does not have lawfl case for sch possession.
N,$e) %ctal se of the same is not necessar$
M. ELEMENTS OF FALSE DEYS: =:6$>
1. Pic>loc>s, etc.
2. Genine >e$ stolen from owner.
3. %n$ >e$ other than those intended b$ owner for se in the loc> forcibl$
opened b$ the offender
N,$es)
1. Possession of false >e$s here not pnishable
2. 9f >e$ was entrsted and sed to steal, not robber$ Bnot stolen@

II. <RIGAN7AGE
A. <RIGAN7AGE: =:6&>
/rigands more than three armed persons forming a band
%r#ose:
a. Ro))er* in "i(",a*
1. b. 8idnapping for e!tortion or ransom.
1. %n$ other prpose to be obtained b$ means of force and violence.
%res/#tion o- <ri(an0a(e:
1. if members of lawless band and possession of nlicensed firearms Ban$ of
them@
2. possession of an$ >ind of arms Bnot Dst firearm@
<RIGAN7AGE RO<<ERY IN <AN7
Prposes are given .nl$ to commit robber$, not necessaril$ in hi7wa$
2ere formation of a band for
the above prpose
9f the prpose is to commit a part robber$
-ecessar$ to prove that band actall$ committed
robber$

<. ELEMENTS OF AI7ING AN7 A<ETTING A <AN7 OF <RIGAN7S: =:6'>
1. That there is a band of brigands.
2. That the offender >nows the band to be of brigands.
3. That the offender does an$ of the following acts'
1. he in an$ manner aids, abets or protects sch band if brigands, or
2. he gives them information of the movements of the police or other peace
officers of the government or
3. He ac0ires or receives the propert$ ta>en b$ sch brigands.
N,$es)
1. P: "32 brigandage. 1ei?re of an$ person for' Ba@ ransomA Bb@ e!tortion or
other nlawfl prposeA Bc@ ta>ing awa$ of propert$ b$ violence or
intimidation or force pon things or other nlawfl means
2. 6ommitted b$ an$ person
3. .n an$ Phil hi7wa$

III. T8EFT
A. ELEMENTS OF T8EFT: =:61>
1. That there be ta>ing of personal propert$.
2. That said propert$ belongs to another.
3. That the ta>ing be done with intent to gain.
4. That the ta>ing be done withot the consent of the owner.
". That the ta>ing be accomplished withot the se of violence against or
intimidation of persons or force pon things.
%ersons lia)le:
1. Those who
a@ with intent to gain
b@ bt withot violence against or intimidation of persons not force pon things
c@ ta>e
d@ personal propert$
e@ of another
f@ withot the latter<s consent
1. Those who
a@ having fond lost propert$
b@ fail to deliver the same to local athorities or its owner
Notes:
1. 5etention of mone$Epropert$ fond is theft. 5etention is failre to retrn
Bintent to gain@
2. 8nowledge of owner is not re0ired, >nowledge of loss is enogh
3. Cinder in law is liable
4. Those who
a@ after having maliciosl$ damaged the propert$ of another
b@ remove or ma>e se of the frits or obDect of the damage cased b$ them
Note: 8illing of cattle of another which destro$ed his propert$ and getting meat for
himself
1. Those who
a@ enter an enclosed estate or a field where
b@ trespass is forbidden or which belongs to another and, withot the consent of its
owner
c@ hnts or fish pon the same or gather frits, cereals or other forest or farm
prodcts
Notes:
1. Theft is consmmated when offender is able to place the thing ta>en nder his
control and in sch a sitation as he cold disclose of it at once Bthogh no
opportnit$ to dispose@ i.e, the control test
2. P v. 6ino applies onl$ in theft of bl>$ goods Bmeaning there has to be
capacit$ to dispose of the things@. .therwise, P v. Espiritu fll possession is
enogh
3. 1ervant sing car withot permission deemed 0alified theft thogh se was
temporar$
4. 5e$es sa$s' there mst be some character of permanenc$ in depriving owner
of the se of the obDect and ma>ing himself the owner, therefore mst e!clde
;Do$ride=
". Theft' if after cstod$ Bonl$ material possession@ of obDect was given to the
accsed, it is actall$ ta>en b$ him Bno intent to retrn@ e.g. felonios
conversion. /t it is estafa if Dridical possession is transferred e.g., b$
contract of bailment
#. 9ncldes electricit$ and gas
1. inspector misreads meter to earn
2. one sing a Dmper
G. 1elling share of co7partner is not theft
I. 1alar$ mst be delivered first to emplo$eeA prior to this, ta>ing of Php is theft
L. 9f offender claims propert$ as his own Bin good faith@ not theft Bthogh later
fond to be ntre. 9f in bad faith theft@
1J. Gain is not Dst Php satisfaction, se, pleasre desired, an$ benefit Be.g. Do$ride@
11. %ctal gain is not necessar$ Bintent to gain necessar$@
12. %llege lac> of consent in info is important

<. ELEMENTS OF 8UNTING+ FIS8ING OR GAT8ERING FRUITS+ ETC. IN
ENCLOSE7 ESTATE
=%AR. NO.:+ ART. :61>
1. That there is an enclosed estate or a field where trespass is forbidden or which
belongs to anotherA
2. That the offender enters the same.
3. That the offender hnts or fishes pon the same or gathers frits, cereals or
other forest or farm prodcts, and
4. That the hnting or fishing or gathering of prodcts is withot the consent of
the owner.
&ote' Cish not in fishpond, otherwise, 0alified
C.%ENALTIES FOR ;UALIFIE7 T8EFTI =:64>
7. ELEMENTS OF ;UALIFIE7 T8EFT: =:16>
1. 6ommitted b$ domestic servant, or
2. &ith grave abse of confidence, or
3. Propert$ stolen is'
1. motor vehicle
2. mail matter
3. large cattle
4. cocont from plantation
". fish from fishpond or fisher$, or
#. .n occasion of calamities and civil distrbance.
N,$es)
1. ;grave abse= high degree of confidence e.g. gests
2. no confidence, not 0alified theft
3. theft material possession< estafa Dridical possession
4. 0alified' if done b$ one who has access to place where stolen propert$ is >ept
e.g., gards, tellers
". novation theor$ applies onl$ if there<s a relation
#. indstrial partner is not liable for NT Bestafa@
G. when accsed considered the deed of sale as sham Bmods@ and he had intent
to gain, his absconding is NT
I. see carnapping law' 5% #"3L
L. motor vehicle in >abit s$stem sold to another7theft. 2otor vehicle not sed as
P) in >abit s$stem bt nder 8 of lease7estafa
1J. 1J. mail matter private mail to be NT, -ot postmaster %rt. 22#
11. theft of large cattle
E. ELEMENTS OF T8EFT OF %RO%ERTY OF T8E NATIONAL LI<RARY
AN7 NATIONAL MUSEUM: =:11>

I3. USUR%ATION
A. ELEMENTS OF OCCU%ATION OF REAL %RO%ERTY OR USUR%ATION
OF REAL RIG8TS IN %RO%ERTY: =:15>
1. That the offender ta>es possession of an$ real propert$ or srps an$ real
rights in propert$.
2. That the real propert$ or real rights belong to another.
3. That violence against or intimidation of persons is sed b$ the offender in
occp$ing real propert$ or srpation real rights in propert$.
4. That there is intent to gain.
<. ELEMENTS OF ALTERING <OUN7ARIES OR LAN7MARDS: =:1:>
1. That there be bondar$ mar>s or monments of towns, provinces, or estates,
or an$ other mar>s intended to designate the bondaries of the same.
2. That the offender alters said bondar$ mar>s.

3. CUL%A<LE INSOL3ENCY
A. ELEMENTS OF FRAU7ULENT INSOL3ENCY: =:14> Bclpable insolvenc$@
1. That the offender is a debtorA that is, he was obligations de and pa$able.
2. That he absconds with his propert$.
3. That there be preDdice to his creditors.

3I. S2IN7LING AN7 OT8ER 7ECEITS
%. 3L323-T1 .C 31T%C% 9- G3-35%L' B31"@
1. That the accsed defraded another Ba.@ b$ abse of confidence, or Bb@ or
means of deceit and
2. That damage or preDdice capable of pecniar$ estimation is cased to the
offended part$ or third person
<. ELEMENTS OF ESTAFA 2IT8 UNFAIT8FULNESS: =:1$>
1. That the offender has an oneros obligation to deliver something of vale.
2. That he alters its sbstance, 0antit$, or 0alit$.
3. That damage or preDdice is cased to another.
C. ELEMENTS OF ESTAFA 2IT8 A<USE OF CONFI7ENCE UN7ER
SU<7I3ISION NO.1 %AR. =<>+ OF ART.:1$
1. That mone$, goods, or other personal propert$ be received b$ the offender in
trst, or on commission, or for administration, or nder an$ other obligation
involving the dt$ to ma>e deliver$ of or to retrn, the same.
2. That there be misappropriation or conversion of sch mone$ or propert$ b$
the offender, or dental on his part of sch receipt.
3. that sch misappropriation or conversion or dental is to the preDdice of
another and
4. That there is a demand made b$ the offended part$ to the offender.
7. 5
N7
ELEMENT OF ESTAFA 2IT8 A<USE OF CONFI7ENCE UN7ER
%ARAGRA%8 =<>+ SU<7I3ISION N6.1+ ART. :1$ K : 2AYS OF
COMMITTING:
1. /$ misappropriating the thing received.
2. /$ converting the thing received.
3. /$ den$ing that the thing was received.
N,$es)
1. )nfaithfl or %bse of 6onfidence
a. b$ altering the sbstance
b. e!isting obligation to deliver even if it is not a sbDect of lawfl commerce
c. thing delivered has not been fll$ or partiall$ paid for not estafa
3. no agreement as to 0alit$ -o estafa if deliver$ is nsatisfactor$

1. /$ misappropriating and converting
1. thing is received b$ offender nder transactions transferring Dridical
possession, not ownership
2. nder P: 11" BTrst 5eceipts Law@ failre to trn over to the ban> the
proceeds of the sale of the goods covered b$ T5 3stafa
3. same thing received mst be retrned otherwise estafaA sale on credit b$
agenc$ when it was to be sold for cash estafa
4. 3stafa not affected b$ -ovation of 6ontract becase it is a pblic offense
". -ovation mst ta>e place before criminal liabilit$ was incrred or perhaps
prior to the filing of the criminal information in cort b$ state prosectors
#. -isappropriatin* to ta>e something for one<s own benefit
g. Convertin* act of sing or disposing of another<s propert$ as if it was one<s ownA
thing has been devoted for a prpose or se different from that agreed pon
1. There mst be preDdice to another not necessar$ that offender shold obtain
gain
2. &hen in the prosection for malversation the pblic officer is ac0itted, the
private individal allegedl$ in conspirac$ with him ma$ be held liable for
estafa
L. Partners -o estafa of mone$ or propert$ received for the partnership when
the bsiness is commercial and profits accred. /)T if propert$ is received
for specific prpose and is misappropriated estafaU
1J. Cailre to accont after the :32%-: is circmstantial evidence of
misappropriation
11. :32%-: is not a condition precedent to e!istence of estafa when
misappropriation ma$ be established b$ other proof
12. 9n theft, pon deliver$ of the thing to the offender, the owner e!pects an
immediate retrn of the ting to him otherwise, 3stafa
13. 1ervant, domestic or emplo$ee who misappropriates a thing he received from
his master is -.T gilt$ of estafa bt of 0alified theft
Esta-a ,it" A)se o- Con-i0ence Mal.ersation
.ffenders are entrsted with fnds or
propert$ and are contining offenses
offenders are entrsted with fnds or
propert$ and are contining offenses
Cnds' alwa$s private Cnds' pblic fnds or propert$
.ffender' private individal, or pblic officer
not accontable
.ffender' pblic officer accontable for
pblic fnds
6ommitted b$ misappropriating, converting,
den$ing having received mone$
6ommitted b$ appropriating, ta>ing,
misappropriating
E. ELEMENTS OF ESTAFA <Y TADING UN7UE A73ANTAGE OF T8E
SIGNATURE IN <LAND: =:1$>
1. That the paper with the signatre of the offended part$ be in blan>.
2. That the offended part$ shold have delivered it to offender.
3. That above the signatre of the offended part$ a docment is written b$ the
offender withot athorit$ to do so.
4. That the docment so written creates a liabilit$ of, or cases damage to, the
offended part$ or an$ third person.
&ote: 9f the paper with signatre in blan> was stolen Calsification if b$ ma>ing it
appear that he participated in a transaction when in fact he did not so participate.
F. ELEMENTS OF ESTAFA <Y MEANS OF 7ECEIT: =:1$>
1. that there mst be a false pretense, fradlent means mst be made or
e!ected prior to or
2. That sch false pretense, fradlent act or fradlent means mst be made or
e!ected prior to or simltaneosl$ with the commission of the frad.
3. That the offended part$ mst have relied on the false pretense, fradlent act,
or fradlent means, that is, he was indced to part with his mone$ or propert$
becase of the false pretense, fradlent act, or fradlent means.
4. That as a reslt thereof, the offended part$ sffered damage.
N,$es)
1. Calse pretenses or fradlent acts e!ected prior to or simltaneosl$ with
deliver$ of the thing b$ the complainant
2. There mst be evidence that the pretense of the accsed that he possesses
powerEinflence is false.
G. ELEMENTS OF ESTAFA <Y %OST7ATING A C8ECD OR ISSUING A
C8ECD IN %AYMENT OF AN O<LIGATION: =:1$>
1. That the offender postdated a chec>, or issed a chec> in pa$ment of an
obligation.
2. That sch postdatig or issing a chec> was done when the offender had no
fnds in the ban> or his fnds deposited therein were not sfficient to cover
the amont of the chec>.
N,$es)
1. good faith is a defense. BPP. V". V/LLAPA&6+, "# PH9L.31@
2. dishonor from lac> of fnds to prima facie evidence of deceit or failre to
ma>e good within three da$s after notice of.
3. -o fnds in the ban> or his fnds are not sfficient
4. 9f chec> was issed in pa$ment of pre7e!isting debt no estafa
". .ffender mst be able to obtain something from the offended part$ b$ means
of the chec> he isses and delivers
#. 9f postdating a chec> issed as mere garanteeEpromissor$ note no estafa.
8. ELEMENTS OF OFFENSE 7EFINE7 IN T8E FIRST %ARAGRA%8 OF
SECTION 1: <% 55
1. That a person ma>es or draws and isses an$ chec>.
2. That the chec> is made or drawn and issed to appl$ on accont or for vale.
3. That the person who ma>es or draws and isses the chec> >nows at the time
of isse that he does not have sfficient fnds in or credit with the drawee
ban> for the pa$ment of sch chec> in fll pon its presentment.
1. That the chec> is sbse0entl$ dishonored b$ the drawee ban> for
insfficienc$ of fnds or credit, or wold have been
dishonored for the same reason had not the drawee, withot an$ valid reason, ordered
the ban> to stop pa$ment.
&ote' Cailre to ma>e good within " ban>ing da$s prima facie evidence of >nowledge
of lac> and insfficienc$
I. ELEMENTS OF T8E OFFENSE 7EFINE7 IN T8E SECON7
%ARAGRA%8 OF SECTION 1: <% 55
1. That a person has sfficient fnds in or credit with the drawee ban> when he
ma>es or draws and isses a chec>.
2. That he fails to >eep sfficient fnds or to maintain a credit to cover the fll
amont of the chec> if presented within
a period of LJ da$s from the date appearing thereon.
1. That the chec> is dishonored b$ the drawee ban>.
&ote: Cailre to ma>e good within " ban>ing da$s prima facie evididence of
>nowledge of lac> and insfficienc$
C. <Y O<TAINING FOO7 OR CRE7IT AT 8OTELS+ INNS+ RESTAURANTS
ETC.
D. ELEMENTS OF ESTAFA <Y IN7UCING ANOT8ER TO SIGN ANY
7OCUMENTS: =:1$>
1. That the offender indced the offended part$ to sign a docment.
2. That deceit be emplo$ed to ma>e him sign the docment.
3. That the offended part$ personall$ signed the docment.
4. That preDdice be cased.
&ote: 9f offended part$ willingl$ signed the docment and there was deceit as to the
character or contents of the docment falsificationA bt where the accsed made
representation to mislead the complainants as to the character of the docments
estafa
L. ELEMENTS OF ESTAFA <Y REMO3ING+ CONCEALING OR
7ESTROYING 7OCUMENTS: =:1$>
1. That there be cort records, office files, docments or an$ other papers.
2. That the offender removed, concealed or destro$ed an$ of them.
3. That the offender had intent to defrad another.
&ote' -o intent to defrad destro$ing or removal K malicios mischief
M. 7AMAGE OR %RECU7ICE CA%A<LE OF %ECUNIARY ESTIMATION:
=:1$> Bsecond element of an$ form of estafa@
T8E ELEMENTS OF 7AMAGE OR %RECU7ICE MAY CONSIST OF T8E
FF.:
1. The offender part$ being deprived of his mone$ or propert$, as a reslt of the
defradation.
2. :istrbance in propert$ right or
3. Temporar$ preDdice.
N. ELEMENTS OF S2IN7LING =%AR.1> <Y CON3EYING+ SELLING+
ENCUM<ERING+ OR MORTGAGING ANY REAL %RO%ERTY+
%RETEN7ING TO <E T8E O2NER OF T8E SAME: =:1&>
1. That the thing be immovable, sch as a parcel of land or a bilding.
2. That the offender who is not the owner of said propert$ represented that he is
the owner thereof.
3. That the offender shold have e!ected an act of ownership Bselling, leasing,
encmbering or mortgaging the real propert$@.
4. That the act be made to the preDdice of the owner or a third person.
ESTAFA INFI7ELITY IN T8E CUSTO7Y OF
7OCUMENTS
Private individal was entrsted Pblic officer entrsted
9ntent to defrad -o intent to defrad
O. ELEMENTS OF S2IN7LING =%AR. 5> <Y 7IS%OSING OF REAL
%RO%ERTY AS FREE FROM ENCUM<RANCE+ ALT8OUG8 SUC8
ENCUM<RANCE <E NOT RECOR7E7: =:1&>
1. that the thing disposed of be real propert$.
2. That the offender >new that the real propert$ was encmbered, whether the
encmbrance is recorded or not.
3. That there mst be e!press representation b$ the offender that the real propert$
is free from encmbrance.
4. That the act of disposing of the real propert$ be made to the damage of
another.
%. ELEMENTS OF S2IN7LING =%AR.:> <Y 2RONGFULLY TADING <Y
T8E O2NER 8IS %ERSONAL FROM ITS LA2FUL %OSSESSOR: =:1&>
1. That the offender is the owner of personal propert$.
2. That said personal propert$ is in the lawfl possession of another.
3. That the offender wrongfll$ ta>es it from its lawfl possessor.
4. That preDdice is thereb$ cased to the possessor or third person.
;. ELEMENTS OF S2IN7LING =%AR. &> <Y SELLING+ MORTGAGING OR
ENCUM<ERING REAL %RO%ERTY OR %RO%ERTIES 2IT8 28IC8 T8E
OFFEN7ER GUARANTEE7 T8E FULFILLMENT OF 8IS O<LIGATION AS
SURETY: =:1&>
1. That the offender is a sret$ in a bond given in a criminal or civil action.
2. That he garanteed the flfillment of sch obligation with his real propert$ or
properties.
3. That he sells, mortgages, or, in an$ other manner encmbers said real propert$.
4. That sch sale, mortage or encmbrance is Ba@ withot e!press athorit$ from
the cort, or Bb@ made before the cancellation of his bond, or Bc@ before being
relieved from the obligation contracted b$ him.
R. ELEMENTS OF S2IN7LING A MINOR: =:1'>
1. That the offender ta>es advantage of the ine!perience or emotions or feelings
of a minor.
2. That he indces sch minor Ba@ ro assme an obligation, or Bb@ to give release,
or Bc@ to e!ecte a transfer of an$ propert$ right.
3. That the consideration is Ba@ some loan of mone$ Bb@ credit or Bc@ other
personal propert$.
4. That the transaction is to the detriment of sch minor.
S. ELEMENTS OF OT8ER 7ECEITS: =:11>
1. not mentioned aboveA
2. interpretation of dreams, forecast, ftre7telling for profit or gain.

3II. C8ATTEL MORTGAGE
A. ELEMENTS OF SELLING OR %LE7GING %ERSONAL %RO%ERTY
ALREA7Y %LE7GE7: =:14>
1. That personal propert$ is alread$ pledged nder the terms of the chattel
mortgage law.
2. That the offender, who is the mortgagee of sch propert$, sells or pledges the
same or an$ part thereof.
3. That there is no consent of the mortgagee written on the bac> of the mortgage
and noted on the record thereof in the office of the register of deeds.
<. ELEMENTS OF DNO2INGLY REMO3ING MORTGAGE7 %ERSONAL
%RO%ERTY: =:14>
1. that personal propert$ is mortgaged nder the chattel mortage law.
2. That the offender >nows that sch propert$ is so mortaged.
3. That he removes sch mortgaged personal to an$ province or cit$ other than
the one in which it was located at the time of the e!ection of the mortgage.
4. that the removal is permanent.
". That there is no written consent of the mortgagee or his e!ectors,
administration or assigns to sch removal.
3III. ARSON AN7 OT8ER CRIMES IN3OL3ING 7ESTRUCTIONS
B&ote' P: 1#13 e!pressl$ repealed or amended %rts 32J732#, bt P: 1G44 revived
%rt 32J@
A. ELEMENTS OF ARSONS OF %RO%ERTY OF SMALL 3ALUES
1. That an ninhabited ht, storehose, barn, shed or an$ other propert$ is brned
2. That the vale of the propert$ brned does not e!ceed 2" pesos
3. That the brning was done at a time or nder circmstances which clearl$
e!clde all danger of the fire spreading
<. ELEMENTS OF CRIME IN3OL3ING 7ESTRUCTION
1. That the offender cases destrction of the propert$
2. That the destrction was done b$ means of'
1. e!plosion
2. discharge of electric crrent
3. inndation
4. sin>ing or stranding of a vessel
". damaging the engine of the vessel
#. ta>ing p rails from the railwa$ trac>
G. destro$ing telegraph wires and posts or those of an$ other s$stem
I. other similar effective means of destrction
C. ELEMENTS OF <URNING ONE9S %RO%ERTY AS A MEANS TO
COMMIT ARSON
1. That the offender set fire to or destro$ed his own propert$
2. That the prpose of the offender in doing so was to commit arson or to case a
great destrction
3. That the propert$ belonging to another was brned or destro$ed
7. ELEMENTS OF ARSON
1. That the propert$ brned is the e!clsive propert$ of the offender
2. That Ba@ the prpose of the offender is brning it is to defrad or case damage
to another or Bb@ preDdice is actall$ cased, or Bc@ the thing brned is a
bilding in an inhabited place

I?. MALICIOUS MISC8IEF
A. ELEMENTS OF MALICIOUS MISC8IEF: =:5&>
1. That the offender deliberatel$ cased damage to the propert$ of another.
2. That sch act does not constitte arson or other crimes involving destrction.
3. That the act damaging another<s propert$ be committed merel$ for the sa>e of
damaging it.
N,$es)
1. 2alicios mischief willfl damaging of another<s propert$ for the sa>e of
casing damage de to hate, revenge or other evil motive
2. -o negligence
3. 3!ample. 8illing the cow as revenge
4. 9f no malice onl$ civil liabilit$
". :amage is also dimintion in vale
#. /t after damaging the thing, he sed it K theft
G. :amage is not incident of a crime Bbrea>ing windows in robber$@
<. S%ECIAL CASES OF MALICIOUS MISC8IEF: =:51>
1. .bstrct performance of pblic fnctions.
2. )sing poisonos or corrosive sbstances.
3. 1preading infection or contagios among cattle.
4. :amage to propert$ of national msem or librar$, archive, registr$,
waterwor>s, road, promenade, or an$ other thing ised in common b$ the
pblic.
&ote' Nalified malicios mischief no prising or sedition BV1@
C. ELEMENTS OF OT8ER MISC8IEF: =:54>
1. -ot inclded in 32I
1. scattering hman e!crement
2. >illing of cow as an act of revenge
7. ELEMENTS OF 7AMAGE AN7 O<STI3ATION TO MEANS OF
COMMUNICATION: =::6>
N,$es)
1. done b$ damaging railwa$s, telegraph, telephone lines, electric wires, traction
cables, signal s$stem of railwa$s
2. removing rails from trac>s is destrction Bart 324@
3. not applicable when telegraphEphone lines don<t pertain to railwa$s Be!ample'
for transmission of electric powerElight@
4. people >illed as a reslt'
". circmstance 0alif$ing the offense if the damage shall reslt in an$
derailment of cars, collision or other accident a higher penalt$ shall be
imposed
1. mrder if derailment is means of intent to >ill
2. none art 4I
E. ELEMENTS OF 7ESTROYING OR 7AMAGING STATUES+ %U<LIC
MONUMENTS OR %AINTINGS: =::1>
F. ELEMENTS OF E?EM%TION FROM CRIMINAL LIA<ILITY IN CRIMES
AGAINST %RO%ERTY: =::5>
%ersons eJe/#t -ro/ cri/inal lia)ilit*:
1. 1pose, ascendants and descendants or relatives b$ affinit$ in the same line
2. The widowed spose with respect to the propert$ wEc belonged to the
deceased spose before the same passed into the possession of another
3. /rothers and sisters and brothers7in7law and sisters7in7law, if living together
O--enses in.ol.e0 in t"e eJe/#tion:
1. Theft
2. 1windling
3. 2alicios mischief
Notes:
1. 3!emption is based on famil$ relations
2. Parties to the crime not related to the offended part$ still remains criminall$
liable
3. Persons e!empt inclde'
1. stepfatherEmother Bascendants b$ affinit$@
2. adopted children Bdescendants@
3. concbineEparamor Bspose@
4. common law spose Bpropert is part of their earnings@

RPC Book 2

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RPC Book 2

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TITLE ONE

I. CRIMES AGAINST NATIONAL SECURITY

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