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BOOK TWO

SECTION ONE: TREASON AND ESPIONAGE


ARTICLE 114
TREASON
Treason
It is a breach of allegiance to a government, committed by
a person who owes allegiance to it.
Allegiance
It is the obligation of fidelity and obedience which the
individual owes to the government under which he lives or
to his sovereign, in return for the protection he receives.
Hence, an alien residing in the Philippines may be
prosecuted for acts of treason due to the temporary
allegiance he owes to the Philippine government.
Elements of treason:
1. That the offender owes allegiance to the Government
of the Philippines; (a Filipino citizen or an alien residing
in the Philippines).
Place of commission:
Filipino Citizen: Anywhere (Art.2, RPC) since he owes
permanent allegiance which consists in the obligation
of fidelity and obedience which a citizen or subjects
owes to his government or sovereign.
Alien: Only in the Philippines (EO No. 44) except in
case of conspiracy.
An alien owes permanent allegiance to his own country,
at the same time, a temporary allegiance to the country
where he resides. Temporary allegiance is the
obligation of fidelity & obedience which an alien owes
to the government of the country where he resides.

CRIMINAL LAW

TITLE ONE:
CRIMES AGAINST NATIONAL
SECURITY AND LAW OF NATIONS

a. Levies war against the government; or


b. Adheres to the enemies, giving them aid or comfort.
Ways of being committed:
1. Levying war
Requisites:
a.That there is an actual assembling of men; and
b. For the purpose of executing a treasonable design
by force.
It is not necessary that there be a formal declaration
of the existence of a state of war. Actual hostilities
may determine the date of the commencement of
war (U.S. vs Lagnason, G.R. No. 1582. March 28,
1904).
The levying of war must be with intent to overthrow
the government not merely to resist a particular
statute or to repel a particular officer. It is not
necessary that those attempting to overthrow the
government by force of arms should have the
apparent power to succeed in their design, in whole
or in part.
2.

Adherence to the enemies, giving them aid and


comfort
Requisites:
a. Adherence to the enemies, AND
b. Giving of aid or comfort to them.
Note: Mere adherence without its physical
manifestation through the giving of aid or comfort is not
sufficient to constitute treason. Both adherence and the
giving of aid or comfort to the enemy must concur.
The term enemy applies only to the subjects of a
foreign power in a state of hostility with the traitors
country. It does not embrace rebels in insurrection
against their own country, for in that case the crime
would be rebellion.

2. That there is a war in which the Philippines is involved;


Treason is a war crime. It remains dormant until the
emergency arises.

The act committed need not actually strengthen the


enemy or be successful. However, the act must be such
that it directly and materially tends to improve the
conduct of war of the enemy.

But as soon as war starts, it is put into effect (Laurel vs.


Misa, G.R. No. L-200 March 28, 1946).
3. That the offender either (modes of committing):

Adherence to enemy

EXECUTIVE COMMITTEE
IAN MICHEL GEONANGA overall chairperson, JOSE
ANGELO DAVID chairperson for academics, RUTH ABIGAIL
ACERO chairperson for hotel operations, ALBERTO
RECALDE, JR. vice-chairperson for operations, MARIA
CARMELA HAUTEA vice-chairperson for secretariat, MARK
EMMANUEL ABILO vice-chairperson for finance, RYAN
LIGGAYU vice-chairperson for electronic data processing,
JOMARC PHILIP DIMAPILIS vice-chairperson for logistics

SUBJECT COMMITTEE
JANSEN
BERNARDO
subject chair, DANIEL VON
EVAN PANELO assistant
subject chair, CLAUDINE
PALATTAO edp, HYACINTH
ALDUESO book 1, JEMIMA
FERNANDO
book
2,
MICHELLE MARIE HATOL
special penal laws

MEMBERS
Fatima Maria Amansec, Her
Lynn Balares, Roy Daguio,
Jennyllette Dignadice, Edcar
Latauan,
Michael
Lloren,
Tosca, Leira Mansujeto, Maria
Monica Pamela Mendoza,
Fina Ong, Annie Blaise Arce
Raagas,
Toni
Faye
Tan,
Joseph Christopher Torralba

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Treason

Sedition

Philippines must be at
war
with
another
country.

Internal conflict

Violation of oath of Causing disturbances


allegiance.
ones country.

act (two-witness rule); or


The testimonies must refer to the same act, place and
moment of time.
If the overt act is separable, two witnesses must also
testify to each part of the overt act.
It is sufficient that the witnesses are uniform in their
testimony on the overt act. It is not necessary that there
be corroboration between them.

in

The purpose of levying Such purpose is not


war is to help the
necessary. (e.g. civil
enemy.
uprising)
It means that there is intent to betray. The accused
intellectually or emotionally favors the enemy and
harbors sympathies or convictions disloyal to his
countrys policy or interest.
Rendering aid or comfort
It means an act which strengthens or tends to
strengthen the enemy in the conduct of war against the
traitors country or any act which weakens or tends to
weaken the power of the traitors country to resist or to
attack the enemy.
Extent of aid or comfort it must be a deed or physical
activity and not merely a mental operation such as acts
furnishing the enemy with arms, troops, supplies,
information, or means of transportation.
The extent of aid and comfort given to the enemies
must be to render assistance to them as enemies and
not merely as individuals and, in addition, be directly in
furtherance of the enemies hostile designs.
Giving information to (People vs. Paar, G.R. No. L2318, March 31, 1950), or commandeering foodstuffs
(People vs. Mangahas, 93 Phil 113) for the enemy is
evidence of both adherence and aid or comfort.

2. Confession of guilt by the accused in open court.


Treason absorbs crimes committed in furtherance
thereof. Treason cannot be complexed with other
crimes.
Treason is a CONTINUOUS OFFENSE. Treason is of
such nature that it may be committed by one single act,
by series of acts, or by several series thereof, not only
in a single time, but in different times, it being a
continuous crime (People vs. Victoria, G.R. No. L-369,
March 13, 1947).
Defenses:
a. Allowed:
i. Duress and fear of immediate death.
ii. Obedience to a de facto government (Mere
acceptance of public office and discharge of
official duties under the enemy do not constitute
per se the felony of treason. BUT when the
position is policy-determining, the acceptance of
public office and the discharge of official duties
constitute treason).
b. NOT allowed:
i. Suspended allegiance (since sovereignty is not
suspended in times of war, only the exercise
thereof is suspended).
ii. Change in sovereignty
iii. Loss of citizenship by joining the army of the
enemy.

It is not essential that the effort to aid be successful,


provided overt acts are done which if successful would
advance the interest of the enemy (People vs. Alarcon,
G.R. No. L-407, July 28, 1947)

There is no treason thru negligence. The overt act of


giving aid or comfort to the enemy must be intentional.

Commandeering of women to satisfy the lust of the


enemy is not treason.

Circumstances inherent in treason: treachery, abuse of


superior strength and evident premeditation.
Circumstances aggravating in treason: ignominy, cruelty,
amount or degree of aid, gravity of separate distinct acts
of treason.

Adherence may be proved:


1. By one witness;
2. From the nature of the act itself; or
3. From the circumstances surrounding the act.
Ways of proving Treason (overt act):
1. Testimony of two witnesses, at least, to the same overt

ARTICLE 115
CONSPIRACY & PROPOSAL
TO COMMIT TREASON

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Conspiracy to commit treason
Committed when in time of war, two or more persons
come to an agreement to levy war against the
Government or to adhere to the enemies and to give them
aid or comfort, and decide to commit it (Arts. 8 and 114).
Proposal to commit treason
Committed when in time of war a person who has decided
to levy war against the Government or to adhere to the
enemies and to give them aid or comfort, proposes its
execution to some other person or persons (Arts. 8 and
114).
As a general rule, conspiracy and proposal to commit a
felony are not punishable (Article 8). Art 115 is an
exception as it specifically penalizes conspiracy and
proposal to commit treason.
The reason for the provision is that in treason, the very
existence of the state is endangered.
The two-witness rule does NOT apply because this is a
separate and distinct offense from that of treason.
These felonies are absorbed if treason is actually
committed.
ARTICLE 116
MISPRISION OF TREASON
Elements:
1. That the offender is a citizen of the Philippines, and
not a foreigner;
2. That he has knowledge of any conspiracy against the
Government;
3. That the conspiracy is one to commit treason; and
4. That he conceals or does not disclose and make known
the same as soon as possible to the proper authority.
Art. 116 does NOT apply when treason is already
committed and the accused does not report its
commission.
Art 116 is an EXCEPTION to the rule that mere silence
does not make a person criminally liable.
The phrase shall be punished as an accessory to the
crime of treason, mentioned in the provision, does not
mean that the offender is, legally speaking, an accessory
to the crime of treason because he is already a principal in
the crime of misprision of treason. It simply means that the
penalty imposed is that of an accessory to the crime of
treason.
But the offender in Article 116 is a principal in the crime of

misprision of treason. Misprision of treason is a separate


and distinct offense from the crime of treason.
ARTICLE 117
ESPIONAGE
Espionage
The offense of gathering, transmitting, or losing
information respecting the national defense with intent or
reason to believe that the information is to be used to the
injury of the Republic of the Philippines or to the
advantage of a foreign nation.
Two ways of committing:
1. By entering, without authority, a warship, fort, or military
or naval establishment or reservation to obtain any
information, plans, photographs, or other data of
confidential nature relative to the defense of the
Philippines.
Elements:
a. That the offender enters any of the places mentioned
therein;
b. That he has no authority therefor; and
c. That his purpose is to obtain information, plans,
photographs or other data of a confidential nature
relative to the defense of the Philippines.
Offender must have the intention to obtain information
relative to the defense of the Philippines.
However, it is not necessary that the information is
actually obtained.
Person liable is any person (citizen or foreigner;
private individual or public officer).
2. By disclosing to the representative of a foreign nation
the contents of the articles, data or information referred
to in the preceding paragraph, which he had in his
possession by reason of the public office he holds.
Elements:
a. That the offender is a public officer;
b. That he has in his possession the articles, data or
information referred to in par. 1 of Art. 117, by
reason of the public office he holds; and
c. That he discloses their contents to a representative of
a foreign nation.

COMMONWEALTH ACT NO. 616


An Act to Punish Espionage and
Other Offenses Against
National Security

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Acts Punished:
1. Unlawfully obtaining or permitting to be obtained
information affecting national defense.
Ways of Violating Sec. 1:
a. By going upon, entering, flying over or otherwise
obtaining information concerning any vessel, aircraft,
work of defense or other place connected with the
national defense or any other place where any
vessels, aircrafts, arms, munitions or other materials
for use in time of war are being made, or stored, for
the purpose of obtaining information respecting
national defense, with intent to use it to the injury of
the Philippines or to the advantage of any foreign
nation.
b. By copying, taking, making or attempting or inducing
or aiding another to copy, take, make or obtain any
sketch, photograph, photographic negative, blueprint,
plan, map instrument, appliance, document, writing or
note of anything connected with the national defense,
for the same purpose and with like intent as in par. A.
c. By receiving or obtaining or agreeing or attempting or
inducing or aiding another to receive or obtain from
any sources any of those data mentioned in par. B,
code book or signal book, knowing that it will be
obtained or disposed of by any person contrary to the
provisions of this act.
d. By communicating or transmitting, or attempting
to communicate or transmit to any person not entitled
to receive it, by willfully retaining and failing to deliver
it on demand to any officer or employee entitled to
receive it, the offender being in possession of, having
access to, control over, or being entrusted with any of
the data mentioned in par. B, or code book or signal
book.
e. By permitting, through gross negligence, to be
removed from its proper place or custody or delivered
to anyone in violation of his trust, or to be lost, stolen,
abstracted or destroyed any of the data mentioned in
par B, code book or signal book, the offender being
entrusted with or having lawful possession or control
of the same.
2. Unlawfully disclosing information affecting national
defense.
Ways of violating Sec. 2:
a. By communicating, delivering or transmitting or
attempting or aiding or inducing another to do it, to
any foreign government or any faction or party or
military or naval force within a foreign country,
whether recognized or unrecognized by the
Philippines, or to any representative, officer,
employee, subject or citizen thereof, any of the data
mentioned in par. B of Sec. 1 hereof, code book or

signal book.
b. In time of war, by collecting, recording, publishing or
communicating or attempting to elicit any information
with respect to the movement, number, description,
condition, or disposition of any of the armed forces,
ships, aircraft, or war materials of the Philippines, or
with respect to the plans or conduct of any military,
naval or air operations or with respect to any works or
measures undertaken for the fortification or defense
of any place, or any other information relating to the
public defense, which might be useful to the enemy.
3. Disloyal acts or words in time of peace.
Ways of violating Sec. 3:
a. By advising, counseling, urging or in any other
manner by causing insubordination, disloyalty, mutiny
or refusal of duty of any member of the military, naval
or air forces of the Philippines.
b. By distributing any written or printed matter which
advises, counsels, or urges such insubordination,
disloyalty, mutiny, or refusal of duty.
4. Disloyal acts or words in time of war.
Ways of violating Sec. 4:
a. By willfully making or conveying false reports or false
statements with intent to interfere with the operations
or success of the Armed Forces of the Philippines.
b. To promote the success of its enemies, by willfully
causing or attempting to cause insubordination,
disloyalty, mutiny or refusal of duty in the Armed
Forces of the Philippines.
c. By willfully obstructing the recruiting or enlistment
service.
5. Conspiracy to commit the preceding acts.
Requisites:
a. Two or more persons conspire to violate the
provisions of Sec. 1, 2, 3 or 4 of this Act; and
b. One or more of such persons do any act to effect the
object of the conspiracy.
6. Harboring or concealing violators of the Act.
Requisites:
a.
The offender knows that a person has committed
or is about to commit an offense under this Act; and
b.
The offender harbors or conceals such person.
7. Making any photograph, sketch, picture, drawing, map
or graphical representation of vital military, naval and air
installations or equipment as defined by the Philippine
President as requiring protection against the general
dissemination of information relative thereto UNLESS
he obtains the permission of the commanding officer (or
higher authority).of post, camp or station concerned and
promptly submits the product obtained to the same

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commanding officer (or higher authority) (Sec. 8).
8. Using or permitting or procuring the use of an aircraft for
the same purpose of violating #7 (Sec. 9).
9. Reproducing, publishing, selling, or giving away of
uncensored copies of those mentioned under #7 without
the permission of the commanding officer (or higher
authority (Sec. 10).
10.Destroying or injuring or attempting to injure or destroy
war material (when the country is at war) or national
defense material, premises or utilities (even if the
country is not at war) (Secs. 11 & 13).
11. Making or causing to be made in a defective manner,
or attempting to make or cause to be made in a
defective manner, war material (when the country is at
war) or national defense material (even if the country is
not at war) (Secs. 12 & 14).
Espionage

Treason

Both are crimes not conditioned by the citizenship of


the offender.

Reprisal
It is an act of self-help on the part of the injured state,
responding after an unsatisfied demand to an act contrary
to international law on the part of the offending state.
(Naulilaa Incident Arbitration, Portuguese-German Arbitral
Tribunal, 1928)
ARTICLE 119
VIOLATION OF NEUTRALITY
Elements:
1. That there is a war in which the Philippines is not
involved;
2. That there is a regulation issued by a competent
authority for the purpose of enforcing neutrality; and
3. That the offender violates such regulation.
Neutrality
The condition of a nation that in time of war, it takes no
part in the dispute but continues peaceful dealings with
the belligerents.
There must be a regulation issued by competent authority
(President or the Chief of Staff of the AFP) for the
enforcement of neutrality.

May be committed both Is committed only in


in time of peace and in time of war.
time of war.

ARTICLE 120
CORRESPONDENCE WITH
HOSTILE COUNTRY

May be committed in Is limited to two ways of


many ways.
committing the crime:
levying
war,
and
adhering to the enemy
giving them aid or
comfort.
SECTION TWO: PROVOKING WAR AND DISLOYALTY
IN CASE OF WAR
ARTICLE 118
INCITING TO WAR OR GIVING
MOTIVES FOR REPRISALS
Elements:
1. That the offender performs unlawful or unauthorized
acts; and
2. That such acts:
a. Provoke or give occasion for a war involving or liable
to involve the Philippines, or
b. Expose Filipino citizens to reprisals on their persons
and property.
Note: Intention of the accused is immaterial.
This is committed in time of peace.
Penalty is higher when the offender is a public
officer or employee.

Elements:
1. That it is made in time of war in which the Philippines is
involved;
2. That the offender makes correspondence with the:
a. Enemy country or
b. Territory occupied by the enemy troops;
3. That the correspondence is either:
a. Prohibited by the Government; or
b. Carried on in ciphers or conventional signs; or
c. Contains notice or information which might be useful
to the enemy

Correspondence
Communication by means of letters; or it may refer to the
letters which pass between those who have friendly or
business relations.
Even if the correspondence contains innocent matters, if
the correspondence has been prohibited by the
government, it is punishable because of the possibility that
some information useful to the enemy might be revealed
unwittingly.

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Prohibition by the Government is NOT essential when the
correspondence is carried on in ciphers or useful to the
enemy.
If the offender intended to aid the enemy by giving such
notice or information, the crime amounts to treason; hence
the penalty is the same as that for treason. (Reyes, The
Revised Penal Code Book II, 17th ed., 2008 p. 31).
Circumstances qualifying the offense
The following must concur:
1. That the notice or information might be useful to the
enemy;
2. That the offender intended to aid the enemy.
ARTICLE 121
FLIGHT TO ENEMYS COUNTRY
Elements:
1. That there is a war in which the Philippines is involved;
2. That the offender owes allegiance to the Government;
3. That the offender attempts to flee or go to the enemy
country; and
4. That going to the enemy country is prohibited by the
competent authority.
An alien resident may be guilty of flight to enemy country,
because an alien owes allegiance to the Philippine
government albeit temporary.
Mere attempt to flee or go to enemy country
consummates the crime.
Article 121 must be implemented by the Government. If
fleeing or going to an enemy country is not prohibited by
competent authority, the crime defined in Article 121
cannot be committed.

SECTION THREE: PIRACY AND MUTINY ON THE HIGH


SEAS

Two ways or modes of committing piracy:


1. By attacking or seizing a vessel on the high seas or in
Philippine waters;
2. By seizing in the vessel while on the high seas or in
Philippine waters the whole or part of its cargo, its
equipment or personal belongings of its complement or
passengers.
Elements of piracy:
1. That a vessel is on the high seas or in Philippine
waters;
2. That the offenders are NOT members of its complement
or passengers of the vessel; and
3. That the offenders:
a. Attack or seize the vessel; or
b. Seize the whole or part of the cargo of said vessel, its
equipment or personal belongings of its complement
or passengers.
High seas
Waters which are beyond the boundaries of the low-water
mark, although such waters may be in the jurisdictional
limits of a foreign government; parts of the sea that are
not included in the exclusive economic zone, in the
territorial seas, or in the internal waters of a state, or in the
archipelagic waters of an archipelagic state (United
Nations Convention on the Law of the Sea).
Philippine waters
Shall refer to all bodies of water, such as but not limited to
seas, gulfs, bays around, between and connecting each of
the islands of the Philippine Archipelago, irrespective of its
depth, breadth, length or dimension, and all other waters
belonging to the Philippines by historic or legal title,
including territorial sea, the sea-bed, the insular shelves,
and other submarine areas over which the Philippines has
sovereignty or jurisdiction (Sec. 2, P.D. 532).
Piracy is a crime not against any particular state but
against all mankind. It may be punished in the competent
tribunal of any country where the offender may be found
or into which he may be carried.
Mutiny
The unlawful resistance to a superior, or the raising of
commotions and disturbances on board a ship against the
authority of its commander

ARTICLE 122
PIRACY IN GENERAL AND MUTINY
ON THE HIGH SEAS OR IN PHILIPPINE WATERS
Piracy
It is robbery or forcible depredation on the high seas,
without lawful authority and done with animo furandi
(intention to steal) and in the spirit and intention of
universal hostility (People vs. Lol-lo, G.R. No. 17958
February 27, 1922).

Piracy under RPC

Mutiny

Place of commission: Either in Philippine waters or


on the high seas

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Piracy under RPC

3. Whenever the crime is accompanied by murder,


homicide, physical injuries, or rape.

Mutiny

The persons who attack Mutiny is committed by


a vessel or seize its members of the crew or
cargo are strangers to passengers.
the vessels.
Intent to
essential.

gain

The crimes mentioned in the article which are qualified


are piracy and mutiny on the high seas.
Qualified piracy is a SPECIAL COMPLEX CRIME
punishable by reclusion perpetua to death, regardless of
the number of victims.

is The offenders may only


intend to ignore the
ships officers or they
may be prompted by a
desire
to
commit
plunder.

Offenders are not liable for the separate crimes of murder,


homicide, physical injuries, or rape.

PRESIDENTIAL DECREE NO. 532


Anti-Piracy and Anti-Highway
Robbery Law of 1974
Vessel
Any vessel or watercraft used for (a) transport of
passengers and cargo or (b) for fishing.
Piracy under RPC

Qualified Mutiny
When the second or the third circumstance accompanies
the crime of mutiny mentioned under Art. 122, mutiny is
then qualified. First circumstance may not qualify the
crime of mutiny, because in mutiny, the offenders are
insiders of the vessel (Boado, Notes and Cases on the
Revised Penal Code, 2008 p. 376).
REPUBLIC ACT NO. 6235
ANTI-HIJACKING LAW

Piracy under
PD 532

Aircraft is in flight from the moment all exterior doors


are closed following embarkation until the same doors are
again opened for disembarkation.

Punishes
piracy Punishes
piracy
committed either in committed in Philippine
Philippine waters or on waters only.
the high seas.
Offenders:
Non- Offenders: Any person
passengers or non- (may be a passenger,
members of the crew, in crew or a stranger).
short, strangers to the
vessel.
Aiding or Abetting of Piracy
Any person who shall knowingly aid or abet piracy will be
considered as an accomplice in the commission of piracy
and punished according to the rules under the RPC.
Requisites:
1. Knowingly aids or protects pirates;
2. Acquires or receives property taken by such pirates, or
in any manner derives any benefit therefrom; and
3. Directly or indirectly abets the commission of piracy.
ARTICLE 123
QUALIFIED PIRACY
Qualifying Circumstances:
1. Whenever the offenders have seized the vessel by
boarding or firing upon the same;
2. Whenever the pirates have abandoned their victims
without means of saving themselves; or

Acts Punished:
1. Usurping or seizing control of an aircraft of Philippine
registry while it is in flight; or compelling the pilots
thereof to change its course or destination;
Note: When the aircraft is not in flight, the
usurpation or seizure of the aircraft may amount to
coercion or threat. When death results, the crime is
homicide or murder, as the case may be.

2. Usurping or seizing control of an aircraft of foreign


registry, while within Philippine territory, or compelling
the pilots thereof to land in any part of Philippine
territory;
Under this Act, it is not required that the aircraft be a
public utility. (Boado,2008, p. 379).
Aggravating circumstances to acts punished under 1
and 2:
a. When the offender has fired upon the pilot, member of
the crew, or passenger of the aircraft;
b. When the offender has exploded or attempted to
explode any bomb or explosive to destroy the aircraft;
c. Whenever the crime is accompanied by murder,
homicide, serious physical injuries or rape. (Thus, such
common crimes are considered aggravating
circumstances only; they are not separated from or

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complexed with the crime of hijacking).
3. Carrying or loading on board an aircraft operating as
a public utility passenger aircraft in the Philippines
flammable, corrosive, explosive or poisonous
substances;
Under this act, mere carrying or loading of explosive,
corrosive, etc. brings about criminal liability (Boado,
p.379).
4. Loading, shipping, or transporting on board a cargo
aircraft operating as a public utility in the Philippines,
flammable, corrosive, or poisonous substance if not
done in accordance with the rules and regulations of the
Air Transportation Office.
Note: There is no attempted hijacking since it is
punishable under a special law and attempted stage is not
punishable under the said law.

TITLE TWO:
CRIMES AGAINST THE
FUNDAMENTAL LAW OF THE STATE

mind of the victim sufficient to paralyze the latter, to the


extent that the victim is compelled to limit his own actions
and movements in accordance with the wishes of the
accused, then the victim is, for all intents and purposes,
detained against his will (Astorga vs. People, G. R. No.
154130 Oct. 1, 2003).
Legal grounds for the detention of persons:
1. The commission of a crime.
2. Violent insanity or other ailment requiring compulsory
confinement of the patient in a hospital.
Note: This list is not exclusive so long as the ground is
considered legal (e.g. in contempt of court, under
quarantine, or a foreigner to be deported).
The public officer liable for arbitrary detention must be
vested with authority to detain or order the detention of
persons accused of a crime, but when they detain a
person they have no legal grounds therefor.
If the detention is perpetrated by other public officers NOT
vested with authority or any private individual, the crime
committed is illegal detention (Art. 267 or 268).

All offenses in this Title are required to be committed by


public officers except offending the religious feelings.
CHAPTER ONE: ARBITRARY
DETENTION OR EXPULSION,
VIOLATION OF DWELLING,
PROHIBITION, INTERRUPTION, AND
DISSOLUTION OF PEACEFUL
MEETINGS AND CRIMES AGAINST
RELIGIOUS WORSHIP (ARTS. 124-133)

The penalty for Arbitrary Detention depends upon the


period of detention involved. A greater penalty is imposed
if the period is longer.
Arrest without a warrant is the usual cause of arbitrary
detention. The crime of unlawful arrest is, however,
absorbed in the crime of arbitrary detention.
Arrest without warrant when LAWFUL:
1. When, in his presence, the person to be arrested has
committed, is actually committing, or is attempting to
commit an offense;

SECTION ONE: ARBITRARY DETENTION AND


EXPULSION

In his presence
When the officer sees the offense being committed,
although at a distance, or hears the disturbance created
thereby and proceeds at once to the scene thereof, or
when the offense is continuing or has not
been consummated at the time the arrest is made, the
offense is said to be committed in his presence. (U.S.
vs. Samonte, G.R. No. 5649, September 6, 1910).

ARTICLE 124
ARBITRARY DETENTION
Elements:
1. That the offender is a public officer or employee;
2. That he detains a person; and
3. That the detention is without legal grounds.
Detention
The actual confinement of a person in an enclosure, or in
any manner detaining and depriving him of his liberty
(People v. Gungon, G.R, No. 119574, March 19, 1998,
citing People v. Domasian, G.R. No. 95322, March 1,
1993).
Detention need not involve any physical restraint.
Psychological restraint is sufficient. If the acts and
actuations of the accused can produce such fear in the

2. When an offense has in fact just been committed, and


he has probable cause to believe based on personal
knowledge of facts and circumstances that the person
to be arrested has committed it;
Personal Knowledge of facts in arrests without warrant
must be based upon probable cause, which means an
actual belief or reasonable grounds of suspicion (U.S.
vs. Santos, G.R. No. 12779, September 10, 1917).

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3. When the person to be arrested is a prisoner who has
escaped from a penal establishment, or place where he
is serving final judgment or temporarily confined while
his case is pending, or has escaped while being
transferred from one confinement to another. (Sec. 5,
Rule 113, Revised Rules of Criminal Procedure)
Periods of detention penalized
a. If the detention has not exceeded 3 days.
b. If the detention has continued more than 3 days but
not more than 15 days.
c. If the detention has continued more than 15 days but
not more than 6 months.
d. If the detention has exceeded 6 months.
Arbitrary Detention

Unlawful Arrest

Committed by a public
officer authorized to
arrest and detain a
person but he does so
without lawful cause.

Committed by either
private individual or
public officer
who
feigned to arrest a
person without any legal
cause, for the purpose
of delivering him to the
proper authorities.

It means filing of an Information against the person


arrested with the corresponding court or judge. It does not
mean physical delivery.
Proper judicial authorities
It refers to the courts of justice or judges of said courts
vested with judicial power to order the temporary
detention or confinement of a person charged with having
committed a public offense.
Reason for Article 125
It is intended to prevent any abuse resulting from
confining a person without informing him of his offense
and without permitting him to go on bail.
A private individual who makes a lawful arrest must also
comply with requirements under Art. 125. If he fails to
comply, he is liable for the crime of ILLEGAL DETENTION
under Art. 267 or 268.
The illegality of the detention is not cured by the filing of
information in court.

ARTICLE 125
DELAY IN THE DELIVERY OF DETAINED PERSONS TO
THE PROPER
JUDICIAL AUTHORITIES
Elements:
1. That the offender is a public officer or employee;
2. That he has detained a person for some legal ground
(Sec. 5, Rule 113, Rules of Court); and
3. That he fails to deliver such person to the proper judicial
authorities within:
a. 12 hrs for offenses punishable by light penalties or
their equivalent.
b. 18 hrs for offenses punishable by correctional
penalties or their equivalent.
c. 36 hrs for offenses punishable by afflictive penalties
or their equivalent.
Circumstances considered in determining liability of
officer detaining a person beyond legal period:
1. The means of communication;
2. The hour of arrest; and
3. Other circumstances such as the time of surrender and
the material possibility for the fiscal to make the
investigation and file in time the necessary information.
Delivery to proper authorities

Art. 125 applies only when the arrest is made without a


warrant of arrest but lawful. It does NOT apply when the
arrest is by virtue of a warrant of arrest, in which case he
can be detained indefinitely. He must, however, be
delivered without unnecessary delay to the nearest police
station or jail.
The reason for this is that there is already a complaint or
information filed against him with the court which issued
the order or warrant of arrest and it is not necessary to
deliver the person thus arrested to that court.
Where a judge is not available, the arresting officer is
duty-bound to release a detained, if the maximum hours
for detention provided under Article 125 of the Revised
Penal Code has already expired. Failure to cause the
release may result in an offense under Article 125. (Albior
vs. Auguis, A.M. P-01-1472, June 26, 2003).
Person arrested may request for a preliminary
investigation but must sign a waiver of Art. 125.
Delivery to proper authorities
It means filing of an Information against the person
arrested with the corresponding court or judge. It does not
mean physical delivery.

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Arbitrary Detention

3. That the offender is not authorized to do so by law.

Delay in the Delivery


of Detained Persons
to the Proper Judicial
Author

Exception: There is no expulsion in cases of ejectment,


expropriation or when the penalty of destierro is imposed.

The detention is illegal The detention is legal in


from the beginning.
the beginning but the
illegality of the detention
starts
from
the
expiration of any of the
periods of time specified
in Art. 125, without the
person detained having
been delivered to the
proper judicial authority

Only the President of the Philippines is authorized to


deport aliens under the Revised Administrative Code.

ARTICLE 126
DELAYING RELEASE

Acts Punished
1. By entering any dwelling against the will of the owner
thereof;
2. By searching papers or other effects found therein
without the previous consent of such owner;
3. By refusing to leave the premises, after having
surreptitiously entered said dwelling and after having
been required to leave the same.

Three acts punished:


1. By delaying the performance of a judicial or executive
order for the release of a prisoner;
2. By unduly delaying the service of the notice of such
order to said prisoner;
3. By unduly delaying the proceedings upon any petition
for the liberation of such person.
Elements:
1. That the offender is a public officer or employee;
2. That there is a judicial or executive order for the release
of a prisoner or detention prisoner, or that there is a
proceeding upon a petition for the liberation of such
person; and
3. That the offender without good reason delays either:
a. The service of the notice of such order to the
prisoner;
b. The performance of such judicial or executive order
for the release of the prisoner; or
c. The proceedings upon a petition for the release of
such person.
Note: Most likely to be violated by wardens or jailers.

Only the court by a final judgment can order a person to


change residence.
SECTION TWO: VIOLATION OF DOMICILE
ARTICLE 128
VIOLATION OF DOMICILE

Common elements:
1. That the offender is a public officer or employee; and
2. That he is not authorized by judicial order to enter the
dwelling and/or to make a search for papers or other
effects.
Qualifying circumstances:
1. If committed at nighttime;
2. If any papers or effects, not constituting evidence of a
crime are not returned immediately after a search is
made by the offender.
The offender must be a public officer or employee. If he is
a private individual, or if the public officer is one whose
function does not include the duty to effect search and
seizure (Boado, 2008, p. 395), the crime committed is
TRESPASS TO DWELLING.
In the first mode, lack of consent would not suffice as the
law requires that the offenders entry must be over the
owners objection.

ARTICLE 127
EXPULSION

In the second mode, mere lack of consent is sufficient.

Two acts punished:


1. By expelling a person from the Philippines;
2. By compelling a person to change his residence.
Elements:
1. That the offender is a public officer or employee;
2. That he expels any person from the Philippines, or
compels a person to change his residence; and

10

Silence of the owner of the dwelling before and during the


search, without search warrant, by a public officer, may
show implied waiver.
In the third mode, what is punished is the refusal to leave,
the entry having been made surreptitiously.

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It is believed, however, that if the surreptitious entry had
been made through an opening not intended for that
purpose, the offender would be liable under the first mode
since it is entry over the implied objection of the
inhabitant.
Although the Code speaks of the owner of the premises, it
would be sufficient if the inhabitant is the lawful occupant
using the premises as his dwelling, although he is not the
owner thereof.
The papers or other effects in the second mode must be
found in the dwelling (Reyes, 2008, p. 67).
Not being authorized by judicial order
A public officer or employee is authorized by judicial order
when he is armed with a search warrant duly issued by
the court. Hence, he is not authorized by judicial order
when the public officer has no search warrant. (Reyes, p.
66)
Against the will of owner
It presupposes opposition or prohibition by the owner,
WHETHER EXPRESS OR IMPLIED, and not merely the
absence of consent. (Reyes, 2008, p. 66)
ARTICLE 129
SEARCH WARRANTS MALICIOUSLY OBTAINED
AND ABUSE IN THE SERVICE OF THOSE
LEGALLY OBTAINED

It is an order in writing issued in the name of the People of


the Philippines, signed by the judge and directed to a
peace officer, commanding him to search for personal
property described therein and bring it before the court.
(Sec. 1, Rule 126, Revised Rules of Criminal Procedure)
Requisites for the issuance of search warrant:
A search warrant shall not issue except upon probable
cause in connection with one specific offense to be
determined personally by the judge after examination
under oath or affirmation of the complainant and the
witnesses he may produce, and particularly describing the
place to be searched and the things to be seized which
may be anywhere in the Philippines (Sec. 4, Rule 126,
Revised Rules of Criminal Procedure).
Test of lack of just cause
Whether the affidavit filed in support of the application for
search warrant has been drawn in such a manner that
perjury could be charged thereon and affiant can be held
liable for damages caused.
If the search warrant is secured through a false affidavit,
the crime punished by this article
CANNOT be complexed but will be a separate crime from
perjury since the penalty herein provided shall be IN
ADDITION TO the penalty of perjury.
A search warrant shall be valid for ten (10) days from its
date.

Acts Punished:
1. Procuring a search warrant without just cause.
Elements:
a. That the offender is a public officer or employee;
b. That he procures a search warrant; and
c. That there is no just cause.

When papers or effects are obtained during unreasonable


searches and seizures, or under a search warrant issued
without probable cause and not in accordance with the
procedure prescribed, or in violation of the privacy of
communication and correspondence, the papers of effects
thus obtained are not admissible if presented as evidence.

2. Exceeding his authority or by using unnecessary


severity in executing a search warrant legally procured.

Instances when a warrantless search and seizure is


valid:
1. Consented searches;
2. As an incident to a lawful arrest;
3. Searches of vessels and aircraft for violation of
immigration, customs, and drug laws;
4. Searches of moving vehicles;
5. Searches of automobiles at borders or constructive
borders;
6. Where the prohibited articles are in "plain view";
7. Searches of buildings and premises to enforce fire,
sanitary, and building regulations; and
8. "stop and frisk" operations (People v. Lopez, GR No.
181747, September 29, 2008).

Elements:
a. That the offender is a public officer or employee;
b. That he has legally procured a search warrant; and
c. That he exceeds his authority or uses unnecessary
severity in executing the same.
Note: If in searching a house, the public officer destroys
furniture therein without any justification at all, he is
guilty under Article 129, as having used unnecessary
severity in executing the search warrant.
Search warrant

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Note: The officer, if refused admittance to the place of
directed search after giving notice of his purpose and
authority, may break open any outer or inner door or
window of a house or any part of a house or anything
therein to execute the warrant or liberate himself or any
person lawfully aiding him when unlawfully detained
therein (Sec. 7, Rule 126, Revised Rules of Criminal
Procedure).
ARTICLE 130
SEARCHING DOMICILE WITHOUT WITNESSES
Elements:
1. That the offender is a public officer or employee;
2. That he is armed with a search warrant legally
procured;
3. That he searches the domicile, papers or other
belongings of any person; and
4. That the owner, or any member of his family or two
witnesses residing in the same locality are not
present.
The papers or other belongings must be in the dwelling of
their owner at the time the search is made. It does not
apply to searches of vehicles or other means of
transportation because the searches are not made in
dwelling (Reyes, The Revised Penal Code Book II, 17th
ed., 2008 p. 73).
Art. 130 does NOT apply to searches of vehicles or other
means of transportation.
Search without warrant under the Tariff and Customs
Code does not include a dwelling house.

Violation of
Domicile

There is no
warrant.

Search Warrants
Maliciously
Obtained and
Abuse in the
Service of those
Legally Obtained
The public officer
is armed with a
warrant but such
was maliciously
obtained.

ARTICLE 131
PROHIBITION, INTERRUPTION, & DISSOLUTION OF
PEACEFUL MEETINGS
Acts Punished:
1. Prohibiting, interrupting or dissolving without legal
ground the holding of a peaceful meeting;
To commit the crime under the first act:
a.
The meeting must be peaceful; and
b.
There is no legal ground for prohibiting, or
interrupting or dissolving that meeting (Reyes, p.77).
2. Hindering any person from joining any lawful
association or from attending any of its meetings;
3. Prohibiting or hindering any person from addressing,
either alone or together with others, any petition to the
authorities for the correction of abuses or redress of
grievances.
Common elements:
1. That the offender is a public officer or employee;
2. That he performs any of the acts mentioned above.
The right to freedom of speech and to peacefully
assemble, though guaranteed by our Constitution, is not
absolute, for it may be regulated in order that it may not
be injurious to the right of the community or society, and
this power may be exercised under the police power of
the state, which is the power to prescribe regulations to
promote the good order or safety and general welfare of
the people.
The offender must be a stranger, and not a participant. If
the offender is a participant, the crime committed is unjust
vexation.
Interrupting and dissolving the meeting of municipal
council by a public officer is a crime against a legislative
body, not punished under Art. 131 but under Arts. 143 and
144 of the RPC.

Searching
Domicile
Without
Witnesses

If the offender is a private individual, the crime is


disturbance of public order under Art. 153.

There was abuse


in the
implementation of
a valid warrant.

SECTION FOUR: CRIMES AGAINST RELIGIOUS


WORSHIP
ARTICLE 132
INTERRUPTION OF RELIGIOUS WORSHIP

SECTION THREE: PROHIBITION, INTERRUPTION, AND


DISSOLUTION OF PEACEFUL MEETINGS

12

Elements:
1.That the offender is a public officer or employee;
2. That religious ceremonies or manifestations of any
religion are about to take place or are going on; and

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3. That the offender prevents or disturbs the same.
Note: Qualified by violence or threats.
If the prohibition or disturbance is committed only in a
meeting or rally of a sect, it would be punishable under
Art.131.
ARTICLE 133
OFFENDING THE RELIGIOUS FEELINGS
Elements:
1. That the acts complained of were performed:
a. In a place devoted to religious worship (not
necessary that there is a religious ceremony going
on); or
b. During the celebration of any religious ceremony;
2. That the acts must be notoriously offensive to the
feelings of the faithful.
Religious ceremonies
Religious acts performed outside of a church, such as
processions and special prayers for burying dead
persons.
Acts notoriously offensive to the feelings of the
faithful
The acts must be directed against religious practice or
dogma or ritual for the purpose of ridicule, as mocking or
scoffing at or attempting to damage an object of religious
veneration.
May be committed by a public officer or a private
individual. This is the only crime in Title Two which does
NOT require that the offender be a public officer.
Offense to feelings is judged from complainants point of
view.
There must be deliberate intent to hurt the feelings of the
faithful.
If the act is directed to the religious belief itself and the act
is notoriously offensive, the crime is offending the religious
feelings. Otherwise, it is only unjust vexation. (Boado, pp.
398-399)

TITLE THREE: CRIMES AGAINST


PUBLIC ORDER
ARTICLE 134
REBELLION/ INSURRECTION
Elements:
1. That there be:
a.
Public uprising; and
b.
Taking up of arms against the government.

13

2. For the purpose of either:


a. Removing from the allegiance to said Government
or its laws:
i. The territory of the Philippines, or any part
thereof; or
ii. Any body of land, naval or other armed forces;
or
b. Depriving the Chief Executive or Congress, wholly
or partially, of any of their powers or prerogatives.
If the act is to deprive the Judiciary of its powers or
prerogatives, the crime committed is sedition.
Rebellion
More frequently used where the object of the movement is
to completely overthrow and supersede the existing
government. It is a crime of the masses, of the multitude.
It is a vast movement of men and a complex network of
intrigues and plots. The purpose of the uprising must be
shown. Without evidence to indicate the motive or
purpose of the accused, the crime does not constitute
rebellion. It may constitute other crimes like sedition or
kidnapping.
Insurrection
More commonly employed in reference to a movement
which seeks merely to effect some change of minor
importance, or to prevent the exercise of governmental
authority with respect to particular matters or subjects.
Note: ACTUAL CLASH with the armed forces of the
Government is NOT necessary to convict the accused
who is in conspiracy with others actually taking arms
against the Government.
Rebellion

Treason

As to purpose
1. To remove from the Violation by a subject of
allegiance to said his allegiance to his
Gov't or the laws the sovereign or to the
territory of the Phils. supreme authority of the
or any body of land, State.
naval or other
armed forces;
2. To deprive the Chief
Executive
or
Congress of any of
their powers.
Manner of commission
1. Public uprising; and 1. By levying war
2. By taking arms
against the Gov't;
against the Gov't.
2. By adhering to the

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4. That the purpose of the attack is to seize or diminish
state power.

enemies of the
Phils., giving them
aid or comfort
Time of commission
May be committed both Committed during time of
during times of peace war.
and war.

The crime of coup detat may be committed with or without


civilian participation.
State Power includes power of the President, Legislative
and Judicial Power, including police power.

Proof needed for conviction


Proved by showing the 1. Testimony of 2
purpose of the uprising;
witnesses, at least to
there must be proof
the same overt act;
beyond
reasonable
or
doubt.
2. Confession
of
accused in open
court.

Under Section 3 of the Human Security Act of 2007, a


person who commits an act punishable as coup detat
including acts committed by private persons, thereby
sowing and creating a condition of widespread and
extraordinary fear and panic among the populace, in order
to coerce the government to give in to an unlawful
demand, shall be guilty of Terrorism.

Giving aid and comfort is not criminal in rebellion.


Persons acting as couriers or spies for rebels are guilty of
rebellion.
Mere silence regarding the presence of rebels despite
knowledge of a rebellion is not punishable.
Rebellion cannot be complexed with, but absorbs other
crimes committed in furtherance of rebellious movement.
There is no complex crime of rebellion with murder and
other common crimes, whether such crimes are
punishable under a special law or general law (RPC)
provided that such crimes are committed in furtherance or
in pursuance of the movement to overthrow the
government (Ponce Enrile v. Amin, G. R. No. 93335,
September 13, 1990).
Under Section 3 of the Human Security Act of 2007, a
person who commits an act punishable as rebellion or
insurrection, thereby sowing and creating a condition of
widespread and extraordinary fear and panic among the
populace, in order to coerce the government to give in to
an unlawful demand shall be guilty of Terrorism.
ARTICLE 134-A
COUP DETAT
Elements:
1. That the offender is a person or persons belonging to
the military or police or holding any public office or
employment;
2. That it is committed by means of a swift attack,
accompanied by violence, intimidation, threat, strategy,
or stealth;
3. That the attack is directed against duly constituted
authorities of the Republic of the Philippines, or any
military camp or installation, or communication
networks, public utilities or other facilities needed for the
exercise and continued possession of power; and

14

Rebellion
Coup detat
Number of Offenders
There must be a public May be committed by
uprising. It must involve one person or a
a multitude of people.
multitude.
Offenders
No qualifications
Principal offender/s must
belong to the military or
police, or hold any public
office or employment,
with or without civilian
support.
Purpose
Purpose: To overthrow Purpose: To destabilize
the government.
the government or
diminish state power.
Means of commission
Public uprising and Swift
attack
taking up of arms accompanied
by
against the government. violence, intimidation,
threat,
strategy
or
stealth directed against
the government or any
military
camp
or
installation
or
communication
networks, public utilities
or other facilities needed
for the exercise and
continued possession of
power.
ARTICLE 135
PENALTY FOR REBELLION OR INSURRECTION OR
COUP DETAT

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Persons liable for rebellion, insurrection and/or coup
detat:
A. The leaders
1. Any person who
a. Promotes;
b. Maintains; orlkjhgfx
c. Heads a rebellion or insurrection; or
2. Any person who
a. Leads;
b. Directs; or
c. Commands others to undertake a coup detat;
B. The participants
1. Any person who
a. Participates; or
b. Executes the commands of others in rebellion, or
insurrection;
2. Any person in the government service who
a. Participates; or
b. Executes directions or commands of others in
undertaking a coup detat;
3. Any person not in the government service who
a. Participates;
b. Supports;
c. Finances;
d. Abets; or
e. Aids in undertaking a coup detat.
Who shall be deemed the leader of the rebellion,
insurrection or coup detat in case he is unknown?
Any person who in fact:
1. Directed the others,
2. Spoke for them,
3. Signed receipts and other documents issued in their
name, or
4. Performed similar acts, on behalf of the rebels.
Being a mere assistant to a principal, guilty of rebellion,
the accused is guilty only as a participant in the
commission of Rebellion under par. 2 of Art. 135 (People
v. Lava, G.R. No. L-4974 to 78, May 16, 1969).
Membership in a rebel organization does not automatically
qualify criminal acts as absorbed in rebellion. It must be
conclusively demonstrated that the criminal acts were
committed in furtherance of rebellion (People v.
Lovedioro, G.R. No. 112235, G.R. No. 112235).
Political Crimes
In contrast to common crimes, are those directly aimed
against the political order, as well as such common crimes
as may be committed to achieve a political purpose. The
decisive factor is the intent or motive.
Killing, robbing, etc., for private purposes or profit, without
any political motivation, would be separately punished and

15

would not be absorbed in the rebellion (People vs.


Geronimo, et al., 100 Phil 90 [1956]).
ARTICLE 136
CONSPIRACY & PROPOSAL TO COMMIT REBELLION,
INSURRECTION
OR COUP D ETAT
Two Crimes penalized under this article:
1. Conspiracy to commit rebellion; and
2. Proposal to commit rebellion.
Conspiracy to commit rebellion
When two or more persons come to an agreement to rise
publicly and take arms against the Government for any of
the purposes of rebellion and decide to commit it.
Proposal to commit rebellion
When the person who has decided to rise publicly and
take arms against the Government for any of the purposes
of rebellion proposes its execution to some other person
or persons.
This is an instance where the law punishes preparatory
acts.
ARTICLE 137
DISLOYALTY OF PUBLIC
OFFICERS/EMPLOYEES
Acts Punished:
1. Failing to resist a rebellion by all means in their power;
2. Continuing to discharge the duties of their office under
the control of the rebels;
3. Accepting appointment to office under the rebels.
The offender must be a public officer or employee.
The crime presupposes the existence of rebellion by other
persons; the offender must not be in conspiracy with the
rebels; otherwise, he himself will also be guilty of
rebellion.
ARTICLE 138
INCITING TO REBELLION/ INSURRECTION
Elements:
1. That the offender does not take up arms or is not in
open hostility against the Government;
2. That he incites others to the execution of any of the acts
of rebellion; and
3. That the inciting is done by means of speeches,
proclamations, writings, emblems, banners or other
representations tending to the same end.

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Proposal to Commit
Rebellion

Inciting to Rebellion

In both crimes, the offender induces another to


commit rebellion.
The
person
who It is not required that
proposes has decided to the
offender
has
commit rebellion.
decided to commit
rebellion.

In its more general


sense, it is the violation
by a subject of his
allegiance to his
sovereign.

Sedition

Rebellion

In both, there must be public uprising.

The
person
who The act of inciting is
proposes the execution done publicly.
of the crime uses secret
means.

It is sufficient that the There must be taking


public
uprising
is up of arms against the
tumultuous.
Government.

In both, the crime of rebellion should not be actually


committed by the persons to whom it is proposed or
who are incited. If they commit rebellion because of
the proposal or inciting, the proponent or the one
inciting may become a principal by inducement in
the crime of rebellion.
ARTICLE 139
SEDITION
Elements:
1. That the offenders rise:
a. Publicly; and
b. Tumultuously;
2. That they employ force, intimidation, or other means
outside of legal methods;
3. That the offenders employ any of those means to attain
any of the following objects:
a. To prevent the promulgation or execution of any law
or the holding of any popular election;
b. To prevent the government or any public officer from
freely exercising its or his functions, or prevent the
execution of any Administrative Order;
c. To inflict any act of hate or revenge upon the person
or property of any public officer or employee;
d. To commit, for any political or social end, any act of
hate or revenge against private persons or any social
class;
e. To despoil, for any political or social end, any person
or the government of all its property or any part
thereof.
Sedition cannot be committed by one person. Article 189
states The crime of sedition is committed by persons who
rise publicly and tumultuously. In Article 163, the word
tumultuous is given a definite meaning. It says that the
disturbance shall be deemed to be tumultuous if
caused by more than three persons who are armed or
provided with the means of violence.
Sedition

In its more general


sense, it is the raising of
commotions or
disturbances in the
State.

Treason

16

The purpose of the The purpose is always


offenders
may
be political.
political or social.
Not necessarily against Always against
the government.
government.

the

Public uprising and an object of sedition must concur.


In sedition, it is immaterial if the objective be completely
attained.
Mere public uprising for any of the objectives mentioned in
Art. 139 is punishable.
General Rule: Common Crimes are NOT absorbed in
sedition.
Exception: Sedition absorbs the use of unlicensed
firearms as an element thereof, pursuant to RA 8294.
ARTICLE 140
PENALTY FOR SEDITION
Persons liable:
1. The leader of the sedition; and
2. Other persons participating in the sedition.
ARTICLE 141
CONSPIRACY TO COMMIT SEDITION
Only conspiracy to commit sedition is punishable and not
Proposal to commit sedition.
There must be an agreement both to attain an object of
sedition and to rise publicly and tumultuously.
ARTICLE 142
INCITING TO SEDITION
Acts Punished:
1. Inciting others to commit sedition by means of
speeches, proclamations, writings, emblems, cartoons,
banners, or other representations tending to the same

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end;
2. Uttering seditious words or speeches which tend to
disturb the public peace;
3. Writing, publishing, or circulating scurrilous libels
against the Government or any of its duly constituted
authorities;
4. Knowingly concealing such evil practices.
Knowingly concealing such evil practices is ordinarily
an act of the accessory after the fact, but under this
provision, the act is treated and punished as that of the
principal.
Scurrilous
Means low, vulgar, mean, or foul.

Reason why seditious utterances are prohibited:


If the State were compelled to wait until the apprehended
danger became certain, then its right to protect itself
would come into being simultaneously with the overthrow
of the Government, when there would be neither
prosecuting officers nor courts for the enforcement of the
law.
CHAPTER TWO: CRIMES AGAINST
POPULAR REPRESENTATION
(ARTS. 143-145)

SECTION ONE: CRIMES AGAINST LEGISLATIVE


BODIES AND SIMILAR BODIES

Elements of Act no. 1:


1. That the offender does not take direct part in the crime
of sedition;
2. That he incites others to the accomplishment of any of
the acts which constitute sedition; and
3. That the inciting is done by means of speeches,
proclamations, writings, emblems, cartoons, banners, or
other representations tending to the same end.
Acts nos. 2 & 3 punishable when:
1. They tend to disturb or obstruct any lawful officer in
executing the functions of his office;
2. They tend to instigate others to cabal and meet together
for unlawful purposes;
3. They suggest or incite rebellious conspiracies or riots;
or
4. They lead or tend to stir up the people against the lawful
authorities or disturb the peace of the community, and
the safety and order of the Government.

ARTICLE 143
ACTS TENDING TO PREVENT THE MEETING OF THE
ASSEMBLY AND SIMILAR BODIES
Elements:
1. That there be a projected or actual meeting of the
Congress or any of its committees or subcommittees,
constitutional commissions or committees or divisions
thereof, or of any provincial board or city or municipal
council or board;
2. That the offender, who may be any person, prevents
such meeting by force or fraud.
Force referred to here is one that produces an injury on
the person of another, and fraud involves falsification.
Thus, physical injuries and falsification will be complexed
as a necessary means to commit this crime.
ARTICLE 144
DISTURBANCE OF PROCEEDINGS

Rules relative to seditious words:


Clear and present danger rule
It is required that there must be reasonable ground to
believe that the danger apprehended is imminent and that
the evil to be prevented is a serious one. There must be
the probability of serious injury to the State.
Present refers to the time element. It used to be identified
with imminent and immediate danger. The danger must
not only be probable but very likely inevitable.
Dangerous tendency rule
There is inciting to sedition when the words uttered or
published could easily produce disaffection among the
people and a state of feeling in them incompatible with a
disposition to remain loyal to the Government and
obedient to the laws. The dangerous tendency rule is
generally adopted in the Philippines.

17

Elements:
1. That there be a meeting of Congress or any of its
committees
or
subcommittees,
constitutional
commissions or committees or divisions thereof, or any
provincial board or city or municipal council or board;
and
2. That the offender does any of the following acts:
a. He disturbs any of such meetings; or
b. He behaves while in the presence of any such bodies
in such a manner as to interrupt its proceedings or to
impair the respect due it.
Complaint for disturbance of proceedings must be filed by
a member of the legislative body.
Disturbance created by a participant in the meeting is not
covered by Art. 144.
The same act may be made the basis for contempt since

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it is coercive in nature while the crime under this Article is
punitive.

from arrest, while the Congress is in session, for all


offenses punishable by a penalty less than prision mayor.

SECTION TWO: VIOLATION OF PARLIAMENTARY


IMMUNITY

It is not necessary that the member is actually prevented


from exercising any of his functions. It is sufficient that
Congress is in session and the offender, in using force,
intimidation, threats, or frauds, has the purpose to prevent
a member of the National Assembly from exercising any of
his such prerogatives.

ARTICLE 145
VIOLATION OF PARLIAMENTARY IMMUNITY
Acts Punished:
1. Using force, intimidation, threats, or frauds to prevent
any member from:
a.
Attending the meetings of Congress or any of its
committees or subcommittees, constitutional
commissions or committees or divisions thereof, or
from
b.
Expressing his opinions or
c.
Casting his vote.
Elements:
a. That the offender uses force, intimidation, threats or
fraud; and
b. That the purpose of the offender is to prevent any
member of Congress from
i. Attending the meetings of the Congress or any of
its committees or constitutional commissions, etc.;
or
ii. Expressing his opinions; or
iii. Casting his vote.
Note: The offender in Par. 1 may be any person.
2. Arresting or searching any member while Congress is in
session, except in cases where such member has
committed a crime punishable under the Code by a
penalty higher than prision mayor.
Elements:
a. That the offender is a public officer or employee;
b. That he arrests or searches any member of
Congress;
c. That the Congress, at the time of arrest or search, is
in regular or special session; and
Session
Refers to the entire period from its initial convening
until its final adjournment.
d. That the member arrested or searched has not
committed a crime punishable under the Code by a
penalty higher than prision mayor.
Parliamentary immunity does not protect members of
Congress from responsibility before the legislative body
itself.
The 1987 Constitution exempts members of Congress

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Note: Sec. 11, Art. VI of the 1987 Constitution states that,


A Senator or Member of the House of Representatives
shall in all offenses punishable by not more than six years
imprisonment, be privileged from arrest while Congress is
in session while Art 145 of the RPC states penalty higher
than prison mayor. To be consistent with the Constitution,
the Constitution should prevail over Art. 145, and the
Constitution says 6 years, not prision mayor.
CHAPTER THREE: ILLEGAL
ASSEMBLIES AND ASSOCIATIONS
(ARTS. 146-147)

ARTICLE 146
ILLEGAL ASSEMBLIES
Forms of Illegal Assemblies:
1. Any meeting attended by armed persons for the
purpose of committing any of the crimes punishable
under the RPC.
Requisites:
a. That there is a meeting, gathering or group of
persons, whether in a fixed place or moving;
b. That the meeting is attended by armed persons; and
c. That the purpose of the meeting is to commit any of
the crimes punishable under the RPC.
Not all the persons present at the meeting of the first
form of illegal assembly must be armed. It is sufficient
that at least 2 persons are armed.
If none of the persons present in the meeting are
armed, there is no crime of Illegal Assembly.
2. Any meeting in which the audience, whether armed or
not, is incited to the commission of the crime of treason,
rebellion or insurrection, sedition, or assault upon a
person in authority or his agent.
Requisites:
a. That there is a meeting, a gathering or group of
persons, whether in a fixed place or moving; and

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b. That the audience, whether armed or not, is incited
to the commission of the crime of treason, rebellion
or insurrection, sedition or direct assault.
It is necessary that the audience is actually incited. If in
the meeting the audience is incited to the commission of
rebellion or sedition, the crimes committed are ILLEGAL
ASSEMBLY as regards the organizers or leaders or
persons merely present and INCITING TO REBELLION
OR SEDITION insofar as the one inciting them is
concerned.
Persons liable in illegal assemblies:
1. The organizers or leaders of the meeting;
2. Persons merely present at the meeting.
Presumptions:
If any person carries an unlicensed firearm, it is presumed
that:
1. The purpose of the meeting insofar as he is concerned
is to commit acts punishable under the RPC; and
2. He is considered a leader or organizer of the meeting.
The law does NOT distinguish whether or not the
firearms are licensed or unlicensed. It only gives a
presumption if the firearm used is unlicensed.

Illegal Assembly

Illegal Association

It is the meeting and It is the act of forming


attendance at such or organizing and
meeting
that
are membership in the
punished.
association that are
punished.
The persons liable are:
1. The organizers or
leaders of the
meetings; and
2. The persons
present at the
meeting.

The persons liable are:


1. The founders,
directors and
president; and
2. The members.

Organized for temporary More or less of some


purposes.
duration and existence.
Held in connection with Even acts contrary to
crimes punishable under public morals are
the RPC.
included, thus may
include
crimes
punishable by special
laws.

A person invited to give a speech in an illegal assembly or


meeting and incites the members of such assembly is
guilty of inciting to sedition only and not punishable under
illegal assembly.
ARTICLE 147
ILLEGAL ASSOCIATIONS
Prohibited associations:
Associations totally or partially organized for:
1. The purpose of committing any of the crimes punishable
under the RPC, or
2. Some purpose contrary to public morals.
Public morals refer to matters which affect the interest
of society and public convenience and is not limited to
good customs.
Persons liable:
1. Founders, directors, and president of the association.
2. Members of the association.
Illegal Assembly

Illegal Association

It is necessary that there It is not necessary that


is an actual meeting or there is an actual
assembly of armed meeting.
persons for the purpose
specified in Art. 146.

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CHAPTER FOUR: ASSAULT UPON, AND


RESISTANCE & DISOBEDIENCE TO,
PERSONS IN AUTHORITY AND THEIR
AGENTS (ARTS. 148-152)

ARTICLE 152
PERSONS IN AUTHORITY & AGENTS OF PERSONS IN
AUTHORITY

Public Officer
Person in
(PO)
Authority (PA)

Agent of a
Person in
Authority
(APA)

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Any person
who takes part
in
the
performance
of
public
functions in
the
government.

Any
person
directly vested
with
jurisdiction,
whether as an
individual or as
a member of
some court or
governmental
corporation,
board
or
commission.

to attain an object of sedition.

Any
person
who, by direct
provision of law
or by election
or
by
appointment by
competent
authority,
is
charged with
the
maintenance of
public
order
and
the
protection and
security of life
and property.

2. Without public uprising, by attacking, by employing


force or seriously intimidating or by seriously resisting
any person in authority (PA) or any of his agents (APA),
while engaged in the performance of official duties, or
on the occasion of such performance.

Any person who comes to the aid of a person in authority


may be considered as an agent of a person in authority.
A barangay chairman shall be deemed a PA.
A barrio councilman, barrio policeman and barangay
leader shall be deemed an APA.
Teachers, professors, and persons in charge with the
supervision of public or duly recognized private schools,
colleges and universities, and lawyers in the actual
performance of their professional duties or on the
occasion of such performance shall be deemed persons in
authority, in applying Arts. 148 and 151.
Directly vested with jurisdiction
Means the power or authority to govern and execute the
laws. (Reyes 2008., p. 137)
ARTICLE 148
DIRECT ASSAULT
Two ways to commit:
1. Without public uprising, by employing force or
intimidation for the attainment of any of the purposes
enumerated in defining the crimes of sedition &
rebellion.
Elements:
a. That the offender employs force or intimidation;
b. That the aim of the offender is to attain any of the
purposes of the crime of rebellion or any of the
objects of the crime of sedition; and
c. That there is no public uprising.
Offended party need NOT BE a person in authority or
his agent, he may be a private individual if the object is

20

Elements:
a. That the offender:
i. Makes an attack includes any offensive or
antagonistic movement or action of any kind
(equivalent to aggression),
ii. Employs force:
If the offended part is only an agent of a person in
authority, the force employed must be of serious as
to indicate determination to defy the law and its
representative at all hazards.
However, it is important to determine whether the
victim is a PA or APA.
Where the force employed on the agent of a person
in authority is of a serious character, including
determination to defy the law and its
representative, the crime committed is direct
assault.
If the victim is a PA, the degree of force employed
against him is immaterial as the mere laying of
hands on him is sufficient (U.S. vs Gumban, G.R.
No. L-13658, November 9, 1918).
If the victim is an APA, the violence, intimidation, or
resistance employed by the offender must be
serious (U.S. vs Tabiana, G.R. No. L-11847
February 1, 1918).
iii. Makes a serious intimidation (unlawful coercion,
duress, putting someone in fear, exertion of an
influence in the mind which must be both
immediate and serious); or
The resistance must be active, not passive (Reyes,
p. 135). .
iv. Makes a serious resistance (if not serious, crime
committed may be that under Article 151 or
resistance and disobedience);
b. That the person assaulted is a person in authority or his
agent;
c. That at the time of the assault the person in authority
or his agent:
i. Is engaged in the actual performance of official
duties, or

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ii. That he is assaulted by reason of the past
performance of his official duties;
d. That the offender knows that the one he is assaulting
is a person in authority or his agent in the exercise of
his duties; and
e. That there is no public uprising.
Considered NOT in the actual performance of official
duties:
1. When the PA or APA exceeds his powers or acts
without authority;
2. Unnecessary use of force or violence;
3. Descended to matters which are private in nature.

If the accused was also acting in the performance of his


official duties, crime committed may be coercion or
physical injuries.
Direct Assault cannot be committed in times of rebellion
or sedition because Art. 148 requires that the assault be
without a public uprising (People v. Abalos, G.R. No.
88189, July 9, 1996).
ARTICLE 149
INDIRECT ASSAULT
Elements:
1. That an APA is the victim of any of the forms of direct
assault defined in Art. 148;
2. That a person comes to the aid of the APA;
3. That the offender makes use of force or intimidation
upon such person coming to the aid of the APA.

Two kinds of direct assault of the second form:


1. Simple assault
2. Qualified assault
Direct assault is qualified when:
1. Committed with a weapon; or
2. Offender is a public officer or employee; or
3. Offender lays hands upon a person in authority.

Indirect assault can be committed only when a direct


assault is also committed.

Knowledge of the accused that the victim is a PA or APA


is essential.

The offended party in indirect assault may be a private


person.

Evidence of motive of the offender is important when


the person in authority or his agent who is attacked or
seriously intimidated is not in the actual performance of
his official duty.

Under Art. 149, it was formerly required that (a) direct


assault is being committed against a PA or an APA; and
(b) a third party comes to the aid of the victim by virtue of
the latters order or request (U.S. v. Fortaleza, 12 Phil.
472). However, because of the amendment of Art. 152 by
R.A. 1978, a private individual coming to the aid of a PA is
himself deemed an APA. Thus, the rules should be:
a. If the victim is a PA who is the subject of a Direct
Assault, and the 3rd person coming to his aid (who
then becomes an APA) is likewise attacked, the crime
committed against the 3rd person will be Direct Assault,
resistance or disobedience depending on the degree
of force or violence used by the offender.
b. If the victim is an APA, it depends: if Direct Assault is
being committed against the APA, the attack against
the 3rd person will constitute Indirect Assault; if only
resistance or disobedience is being committed against
the agent, the attack against the 3 rd person is either
physical injuries or coercion as the case may be
(Regalado p. 416-417).

Even when PA or APA agrees to fight, an attack made


by accused constitutes Direct Assault, except when the
attack is made in lawful defense; the character of a
person in authority or his agent is not laid off at will but
attaches to him until he ceases to be in office.
If Direct Assault is committed and as a result the PA or
APA is killed, the crime shall be the complex crime of
Direct Assault with Homicide or Murder, as the case
may be.
If Direct Assault is committed and the PA or APA suffers
Serious or Less Serious Physical Injuries, the crime
shall be a complex crime or Direct Assault with Serious
or Less Serious Physical Injuries.
The crime of slight physical injuries is absorbed in direct
assault if committed against an APA. If committed
against a PA, it will be considered as a separate
offense.
The crime of direct assault is not committed when the
PA or APA is suspended or under suspension when he
is attacked.

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ARTICLE 150
DISOBEDIENCE TO SUMMONS ISSUED BY THE
NATIONAL ASSEMBLY, ITS COMMITTEES OR
SUBCOMMITTEES, BY THE CONSTITUTIONAL
COMMISSION, ITS COMMITTEES, SUBCOMMITTEE
OR DIVISIONS

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Acts punished:
1. Refusing, without legal excuse, to obey summons of
Congress, or any commission or committee chairman or
member authorized to summon witnesses;
2. Refusing to be sworn or placed under affirmation while
before such legislative or constitutional body or official;
3. Refusing to answer any legal inquiry or to produce any
books, papers, documents, or records in his
possession, when required by them to do so in the
exercise of their functions;
4. Restraining another from attending as a witness in such
legislative or constitutional body;
5. Inducing disobedience to summons or refusal to be
sworn by any such body or official.
The testimony of a person summoned must be upon
matters into which the legislature has jurisdiction to
inquire.
Any of the acts punished herein may also constitute
contempt.
ARTICLE 151
RESISTANCE & DISOBEDIENCE TO A PERSON IN
AUTHORITY OR THE AGENTS OF SUCH PERSON
Elements of resistance & serious disobedience:
1. That a PA or his APA is engaged in the performance of
official duty or gives a lawful order to the offender;
2. That the offender resists or seriously disobeys such
person in authority or his agent; and
3. That the act of the offender is not included in the
provisions of Arts. 148-150.
Elements of simple disobedience:
1. That an APA is engaged in the performance of official
duty or gives a lawful order to the offender;
2. That the offender disobeys such APA; and
3. That such disobedience is not of a serious nature.
The accused must have knowledge that the person giving
the order is a peace officer.
Direct Assault

Resistance

The PA or APA must be Only


in
actual
engaged
in
the performance of duties.
performance of official
duties or that he is
assaulted by reason
thereof.
Force employed
serious.

is Use of force is not so


serious.

Attack or Employment of Attack or Employment


Force is deliberate
of Force is not
deliberate.
Committed in any of the
following ways:
1. By attacking;
2. By employing force;
3. By seriously
intimidating;
4. By seriously resisting
a person in authority
or his agent

Committed by resisting
or seriously disobeying
a PA or APA.

The disobedience contemplated consists in the failure or


refusal to obey a direct order from the PA or APA.
In the crime of resistance and disobedience the offender
must have knowledge that the person arresting is a PA or
APA.
Shall resist or seriously disobey
The word seriously is not used to describe resistance,
because if the offender seriously resisted a person in
authority or his agent, the crime is Direct Assault.
CHAPTER FIVE: PUBLIC DISORDERS
(ARTS. 153-156)

ARTICLE 153
TUMULTS & OTHER DISTURBANCES
OF PUBLIC ORDER
Acts punished:
1. Causing any serious disturbance in a public place,
office or establishment;
Note: If disturbance is not serious in nature, alarms and
scandals under Art. 155 is committed.
2. Interrupting or disturbing public performances,
functions or gatherings, or peaceful meetings, if the act
is not included in Arts. 131-132;
3. Making an outcry tending to incite rebellion or sedition
in any meeting, association or public place;
Note: If outcry was premeditated to incite, the
crime committed is inciting to rebellion or
sedition.
4. Displaying placards or emblems which provoke a
disturbance of public order in such place;
5. Burying with pomp the body of a person who has been
legally executed.
Serious disturbance must be planned or intended.

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Outcry
To shout spontaneously subversive or provocative words
tending to stir up the people so as to obtain by means of
force or violence any of the objects of rebellion or sedition.
The outcry must be spontaneous, otherwise it would be
the same as inciting to rebellion or sedition.

Acts punished:
1. Publishing or causing to be published, by means of
printing, lithography or any other means of publication,
as news any false news which may endanger the public
order, or cause damage to the interest or credit of the
State;

Burying with pomp the body of a person Ostentatious


display of a burial.

The offender must know that the news is false, to be


liable.

Inciting to Sedition or
Rebellion

Public Disorder

The outcry or displaying of


emblems or placards should
have been done with the
idea
aforethought
of
inducing his hearers or
readers to commit the crime
of rebellion or sedition.

The outcry is more or less


unconscious
outburst
which, although rebellious
or seditious in nature, is
not intentionally calculated
to induce others to commit
rebellion or sedition.

At the outset, the meeting is At the outset, the meeting


unlawful.
is lawful but becomes
unlawful after the outburst
described above.
The penalty next higher in degree shall be imposed upon
persons causing any disturbance or interruption of a
tumultuous character.
It is tumultuous if caused by more than three persons who
are armed or provided with the means of violence.
However, this is only a presumption juris tantum, hence if
the disturbance is in fact tumultuous it is immaterial that
there are no such armed persons. Conversely if the
gathering is not in fact tumultuous, it does not matter if
there are such armed persons present on that occasion.
If the act of disturbing or interrupting a meeting or religious
ceremony is not committed by public officers, or if
committed by public officers they are participants therein,
Article 153 should be applied.
If the person who disturbs or interrupts the meeting or
religious worship is a public officer, he shall be liable
under Art. 131 or 132.
Tumults and other disturbances can be complexed with
direct assault if the tumults and disturbances of public
order are directed against a PA or APA.
ARTICLE 154
UNLAWFUL USE OF MEANS OF PUBLICATION AND
UNLAWFUL UTTERANCES

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2. Encouraging disobedience to the law or to the


constituted authorities or by praising, justifying or
extolling any act punished by law, by the same means
or by words, utterances or speeches;
The act of the offender of encouraging disobedience to
the law or the authorities punishable under this
paragraph is different from inciting to sedition which
requires that the people rise publicly.
3. Maliciously publishing or causing to be published any
official resolution or document without authority, or
before they have been published officially;
4. Printing, publishing or distributing (or causing the same)
books, pamphlets, periodicals, or leaflets which do not
bear the real printers name, or which are classified as
anonymous.
Note: Actual public disorder or actual damage to the
credit of the State is not necessary. The mere possibility
of causing such damage is sufficient.
R.A. No. 248 prohibits the reprinting, reproduction or
republication of government publications and official
documents without previous authority.
If the printer/owner of the printing establishment took
part in the preparation and publication of the libelous
writings he shall be liable under Art. 360.
If the publication is both obscene and anonymous, the
offenses cannot be complexed as they involve different
acts separately punished under this Article and Art. 201
on obscene publications.
ARTICLE 155
ALARMS & SCANDALS
Acts punished:
1. Discharging any firearm, rocket, firecracker, or other
explosive within any town or public place, which
produces alarm or danger.

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Note: The discharge of the firearm should not be
directed at a person. Otherwise, the offense committed
would be Discharge of Firearms under Art. 254.
It is the result, not the intent that counts. The act must
produce alarm or danger as a consequence.
The discharge may take place within ones own home
since the law does not distinguish as to where in town.
According to Viada, the discharge of firecrackers and
rockets during fiestas and festivals are not covered by
the law.
2. Instigating or taking an active part in any charivari or
other disorderly meeting offensive to another or
prejudicial to public tranquility.
Charivari
Includes a medley of discordant voices, a mock
serenade of discordant noises made on kettles, tins,
horns, etc. designed to annoy or insult.
The reason for punishing instigating or taking active part
in charivari and other disorderly meeting is to prevent
more serious disorders.
3. Disturbing the public peace while wandering about at
night or while engaged in any other nocturnal
amusements.
4. Causing any disturbance or scandal in public places
while intoxicated or otherwise, provided Art. 153 is not
applicable.
If the disturbance is of a serious nature, the case will fall
under Art. 153.
ARTICLE 156
DELIVERING PRISONERS FROM JAIL
Elements:
1. That there is a person confined in a jail or penal
establishment;
2. That the offender removes therefrom such person, or
helps the escape of such person.
Committed in two ways:
1. By removing a prisoner confined in jail or penal
institution to take away a person from confinement
with or without the active participation of the person
released.
2. By helping said person to escape furnish material
means to facilitate escape.

24

The prisoner may be a detention prisoner or one


sentenced by virtue of a final judgment.
This article applies even if the prisoner is in the hospital
or asylum when he is removed or when the offender
helps his escape, because it is considered as an
extension of the penal institution.
If the offender is a public officer who is actually and
presently in custody or charge of the prisoner, (e.g. a
guard on duty) he is liable for infidelity in the custody of
a prisoner under Art. 223.
But if the crime committed by the prisoner for which he
is confined or serving sentence is treason, murder, or
parricide, the act of taking the place of the prisoner in
prison is that of an accessory under Art. 19, par. 3.
Liability of the prisoner who escapes:
a. If a DETENTION PRISONER, he is NOT criminally
liable.
b. If a CONVICT by FINAL JUDGMENT, he is liable for
evasion of service of his sentence (Art. 157).
If the delivery of the prisoner was committed through
bribery:
a. The BRIBER commits corruption of a public officer
(Art. 212) and delivering prisoners from jail.
b. The JAILER, if a public officer, commits infidelity in
the custody of prisoners (Art. 223) and bribery (Art.
210).
c. The PRISONER commits evasion of service of
sentence (Art. 157) if he is already convicted by final
judgment.

Delivering Prisoners
from Jail

Infidelity in the
Custody of Prisoners

Offender:
usually
committed
by
an
outsider. It may also
apply to an employee of
the penal establishment,
provided he does not
have custody or charge
of such person.

Offender: public officer


who had the prisoner in
his custody or charge
who was in connivance
with the prisoner in the
latters escape

Prisoner: May be a convict or a detainee


CHAPTER SIX: EVASION OF SERVICE
OF SENTENCE
(ARTS. 157-159)

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ARTICLE 157
EVASION OF SERVICE OF SENTENCE
Elements:
1. That the offender is a convict by final judgment;
2. That he is serving his sentence, which consists in
deprivation of liberty;
3. That he evades the service of his sentence by escaping
during the term of his sentence.
Circumstances qualifying the offense:
If such evasion or escape takes place:
1. By means of unlawful entry (this should be by scaling);
2. By breaking doors, windows, gates, walls, roofs or
floors;
3. By using picklocks, false keys, disguise, deceit,
violence, or intimidation;
4. Through connivance with other convicts or employees
of the penal institution.
The following cannot commit evasion of service of
sentence:
a. Accused who escapes during appeal or a detention
prisoner
b. Minor delinquents
c. Deportees
If the accused escaped while the sentence of conviction
was under appeal, he is not liable under Article 157, the
judgment not having become final, and this is true even if
his appeal was later dismissed because he had escaped
(Curiano vs. Court of First Instance, G.R. L-8104, April 15,
1955).
Persons convicted under this Article are disqualified from
the benefits of the Indeterminate Sentence Law.
Escape
Flee from; to avoid; to get out of the way, as to flee to
avoid arrest (Blacks Law Dictionary, 4th ed., p. 640).
ARTICLE 158
EVASION OF SERVICE OF SENTENCE ON THE
OCCASION OF DISORDERS, CONFLAGRATIONS,
EARTHQUAKES, OR OTHER CALAMITIES
Elements:
1. That the offender is a convict by final judgment, and is
confined in a penal institution;
2. That there is disorder, resulting from:
a. Conflagration,
b. Earthquake,
c. Explosion,
d. Similar catastrophe,
e. Mutiny in which he has not participated;

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3. That the offender leaves the penal institution where he


is confined, on the occasion of such disorder or during
the mutiny;
4. That the offender fails to give himself up to the
authorities within 48 hrs. following the issuance of a
proclamation by the Chief Executive announcing the
passing away of such calamity.
What is punished is not the leaving of the penal institution,
but the failure of the convict to give himself up to the
authorities within 48 hours after the proclamation
announcing the passing away of the calamity.
If the offender fails to give himself up, he shall suffer an
increase of 1/5 of the time still remaining to be served
under the original sentence, which shall not exceed 6
months. If the offender gives himself up, he is entitled to a
deduction of 1/5 of his original sentence.
Mutiny in this article implies an organized unlawful
resistance to a superior officer; a sedition; a revolt
(People vs. Padilla, C.A., 46 O.G. 2151).
If one partakes in the mutiny, he will be liable for the
offenses which he committed during the mutiny whether or
not he returns.
ARTICLE 159
OTHER CASES OF EVASION OF SENTENCE
(CONDITIONAL PARDON)
Elements:
1. That the offender was a convict;
2. That he was granted a conditional pardon by the Chief
Executive; and
3. That he violated any of the conditions of such pardon.
Violation of conditional pardon is a distinct crime. (This
is according to Reyes);
According to Regalado, however, there are actually
two views:
a. One is expressed in People v. Jose (75 Phil. 612)
which states that it is not a distinct crime, since the
penalty is only the recommitment of the convict to
serve the portion of the sentence remitted by the
pardon; hence it is only a continuation of the original
case.
b. The other view which is the more logical one is
expressed in People v. Martin (68 Phil. 122) which
states that since the code imposes a specific penalty
of prision correccional in its minimum period if the
unserved portion is less than six years, it is therefore
a distinct crime.

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A conditional pardon is a contract between the Chief
Executive who grants the pardon and the convict who
accepts it.
Offender can be arrested and reincarcerated without
trial in accordance with Sec. 64(I) of the Revised
Administrative Code.
The condition imposed upon the prisoner that he
should not commit another crime, extends to offenses
punishable by special laws.
Offender must be found guilty of the subsequent
offense before he can be prosecuted under Art 159.
The court cannot require the convict to serve the
unexpired portion of the original sentence if it does not
exceed six years, the remedy is left to the President
who has the authority to recommit him to serve the
unexpired portion of his original sentence.
The period when convict was at liberty is not deducted
in case he is recommitted.
Violation of
Conditional Pardon

Evasion of Service of
Sentence

A quasi-recidivist can be pardoned:


1. At the age of 70, if he shall have already served out his
original sentence (and not a habitual criminal); or
2. When he shall have completed it after reaching the
said age, unless by reason of his conduct or other
circumstances, he shall not be worthy of such
clemency.
In reiteracion, the offender against whom it is
considered shall already have served out his sentence
for the prior offenses.
Quasi-recidivism is a SPECIAL AGGRAVATING
CIRCUMSTANCE which cannot be offset by ordinary
mitigating circumstances.
First crime for which the offender is serving sentence
need not be a felony; but the second crime must be a
felony.
The word another in Article 160 does not mean that
the new felony which is committed by a person already
serving sentence is different from the crime for which
he is serving sentence.
Only considered as final judgment when the accused
does not appeal anymore.

Infringes the terms of the Defeats the purpose of


contract.
the law.

Quasi-recidivism does not require that the offense for


which the convict is serving and the new felony
committed be embraced in the same title of the RPC.
While in recidivism, both the first and the second
offenses must be embraced in the same title of the
RPC.

Does not affect public Disturbs public order.


order.

SECTION 1: FORGING THE SEAL OF THE


GOVERNMENT OF THE PHILIPPINE ISLANDS, THE
SIGNATURE OR STAMP OF THE CHIEF EXECUTIVE.

TITLE FOUR: CRIMES AGAINST


PUBLIC INTEREST

CHAPTER SEVEN: COMMISSION OF


ANOTHER CRIME DURING SERVICE OF
PENALTY IMPOSED FOR ANOTHER
PREVIOUS OFFENSE

ARTICLE 161
COUNTERFEITING SEAL OF GOVERNMENT,
SIGNATURE AND STAMP OF PRESIDENT

ARTICLE 160
COMMISSION OF ANOTHER CRIME DURING THE
SERVICE OF PENALTY IMPOSED FOR ANOTHER
PREVIOUS OFFENSE (QUASI-RECIDIVISM)
Elements:
1. That the offender was already convicted by final
judgment of one offense;
2. That he committed a new felony before beginning to
serve such sentence or while serving the same.

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Acts Punished:
1. Forging the Great Seal of the Government of the
Philippines;
2. Forging the signature of the President;
3. Forging the stamp of the President.
If the signature of the President is forged, it is not
falsification of public document, but forging the
signature of the Chief Executive.
ARTICLE 162

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USE OF FORGED SIGNATURE, COUNTERFEIT
SEAL OR STAMP
Elements:
1. That the seal of the Republic was counterfeited, or the
signature or stamp of the Chief Executive was forged by
another person;
2. That the offender knew of the counterfeiting or forgery;
and
3. That he used the counterfeit seal or forged signature or
stamp.
The offender must NOT be the forger otherwise the
crime committed is forgery under Art. 161.
In using the forged signature or stamp of the President
or forged seal, the participation of the offender is in
effect that of an accessory. Although the general rule is
that he should be punished by a penalty two (2)
degrees lower, under Article 162 he is punished by a
penalty only one degree lower.
SECTION TWO:
COUNTERFEITING COINS
ARTICLE 163
MAKING AND IMPORTING AND UTTERING FALSE
COINS
Elements:
1. That there be false or counterfeited coins;
2. That the offender either made, imported or uttered such
coins; and
3. That in case of uttering such false or counterfeited
coins, he connived with the counterfeiters or importers.
A coin is false or counterfeited, if it is forged or if it is not
authorized by the Government as legal tender, regardless
of its intrinsic value.
Counterfeiting
Means the imitation of a legal or genuine coin.
There is counterfeiting when a spurious coin is made.
There must be an imitation of the peculiar design of a
genuine coin.
Uttering
Means to pass counterfeited coins
Uttering includes delivery or the act of giving them away.
It is uttered when it is paid even though the utterer may
not obtain the gain he intended.

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Kinds of coins the counterfeiting of which is


punished:
1. Silver coins of the Philippines or coin of the Central
Bank;
2. Coin of the minor coinage of the Philippines or the
Central Bank;
3. Coin of the currency of a foreign country.
Former coins withdrawn from circulation may be
counterfeited.
Pars. 1 and 2 of Art. 163 mention coin without any
qualifications.
As regards par. 3, the use of the word currency is not
correct because the Spanish text uses the word
moneda which embraces not only those that are legal
tender but also those out of circulation.
ARTICLE 164
MUTILATION OF COINS IMPORTATION AND
UTTERANCE OF MUTILATED COINS
Acts punished:
1. Mutilating coins of the legal currency, with the intent
to damage or to defraud another;
2. Importing or uttering such mutilated coins, with the
further requirement that there must be connivance with
the mutilator or importer in case of uttering.
The coin must be of legal tender or current coins of the
Philippines and not of a foreign country.
Mutilation
Means to take off part of the metal either by filing it or
substituting it for another metal of inferior quality. It is to
diminish by ingenious means the metal in the coin, and
thus diminish its intrinsic value.
ARTICLE 165
SELLING OF FALSE OR MUTILATED COIN, WITHOUT
CONNIVANCE
Acts Punished:
1. Possession of coin, counterfeited or mutilated by
another with intent to utter the same knowing that it is
false or mutilated;
Elements:
a. Possession;
b. With intent to utter; and
c. Knowledge.
2. Actually uttering false or mutilated coin, knowing it to be
false or mutilated.
Elements:
a. Actually uttering; and
b. Knowledge.

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It does NOT require that the false coin is legal tender.
But if the coin being uttered or possessed with intent to
utter is a mutilated coin, it must be a legal tender coin.
The possession prohibited in Art. 165 is possession in
general, that is, not only actual, physical possession but
also constructive possession or the subjection of the
thing to ones control, otherwise offenders could easily
evade the law by the mere expedient of placing other
persons in actual, physical possession of the thing
although retaining constructive possession or actual
control thereof (People vs. Andrada, 11 C.A. Rep. 147).
Actually uttering false or mutilated coin, knowing it to be
false or mutilated, is a crime under Art. 165, even if the
offender was not in connivance with the counterfeiter or
mutilator.
SECTION THREE: FORGING TREASURY OR BANK
NOTES, OBLIGATIONS AND SECURITIES; IMPORTING
AND UTTERING FALSE OR FORGED NOTES,
OBLIGATIONS AND SECURITIES
ARTICLE 166
FORGING TREASURY OR BANK NOTES OR OTHER
DOCUMENTS PAYABLE TO BEARER; IMPORTING
AND UTTERING THE SAME
Acts punished:
1. Forging or falsification of treasury or bank notes or other
documents payable to bearer;
Forging
Committed by giving to a treasury or bank note or any
instrument payable to bearer or to order the appearance
of a true and genuine document.
Falsification
Committed by erasing, substituting, counterfeiting, or
altering by any means, the figures, letters, words, or
signs contained therein (Art. 169).
2. Importation of the same: it means to bring them into the
Philippines, which presupposes that the obligations or
notes are forged or falsified in a foreign country.
3. Uttering the same in connivance with forgers or
importers: it means offering obligations or notes
knowing them to be false or forged, whether such offer
is accepted or not, with a representation, by words or
actions, that they are genuine and with an intent to
defraud.
What may be forged or falsified under Article 166:
1. Treasury or bank notes;

2. Certificates;
3. Other obligations and securities, payable to bearer.
The Code punishes forging or falsification of bank notes
and of documents of credit payable to bearer and
issued by the State more severely than counterfeiting of
coins because the first tends to bring such documents
into discredit and produces a lack of confidence on the
part of the holders of the said documents to the
prejudice of the interests of the society and the State.
Moreover, it is easier to forge or falsify such certificates,
notes, etc. and the profit derived therefrom is greater
and the incentive for its commission is more powerful.
(U.S. vs. Gardner 3 Phil 403)
The falsification of Philippine National Bank (PNB)
checks is not forgery under Art. 166 of RPC but
falsification of commercial documents under Art 172 in
connection with Art. 171 of the Code.
ARTICLE 167
COUNTERFEITING, IMPORTING AND UTTERING
INSTRUMENTS NOT
PAYABLE TO BEARER
Elements:
1. That there be an instrument payable to order or other
document of credit NOT payable to bearer;
2. That the offender either forged, imported or uttered
such instrument; and
3. That in case of uttering, he connived with the importer
or forger.
Counterfeiting under Art. 167 must involve an instrument
payable to order or other document of credit not payable
to bearer.
Forgery of currency is punished so as to maintain the
integrity of the currency and thus insure the credit
standing of the government and prevent the imposition on
the public and the government of worthless notes or
obligations (People vs. Galano, C.A.,54 O.G. 5897, as
cited in Reyes).
The utterer should not be the forger, otherwise,
connivance is obviously not required, for he can be held
liable as a forger of the instrument. (People vs. Orqueza,
14 C.A. Rep. 730, as cited in Reyes)
ARTICLE 168
ILLEGAL POSSESSION AND USE OF
FALSE TREASURY OR BANK NOTES AND OTHER
INSTRUMENTS OF CREDIT
Elements:

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1. That the treasury or bank note or certificate or other
obligation and securities payable to bearer or any
instrument payable to order or other document of credit
not payable to bearer is forged or falsified by another;
2. That the offender knows that any of these instruments is
forged or falsified;
3. That he performs any of these acts:
a. Using any of such forged or falsified instruments; or
b. Possessing with intent to use, any of the forged or
falsified documents.
Possession of false treasury or bank notes alone is not a
criminal offense. For it to constitute an offense,
possession must be with intent to use said false treasury
or bank notes (People vs. Digoro, G.R. No. L-22032,
March 4, 1966).
The accused must have knowledge of the forged
character of the note.
A person in possession of falsified document and who
makes use of the same is presumed to be the material
author of falsification.
ARTICLE 169
HOW FORGERY IS COMMMITTED
How committed:
1. By giving to a treasury or bank note or any instrument
payable to bearer or to order the appearance of a true
and genuine document;
2. By erasing, substituting, counterfeiting, or altering by
any means the figures, letters, words or signatures
contained therein.
PD 247 penalizes defacement, mutilation, tearing, burning
or destroying of Central Bank notes and coins.
It includes falsification and counterfeiting.
Forgery
As used in Art. 169 refers
to the falsification and
counterfeiting of treasury or
bank notes or any
instruments payable to the
bearer or to order.

Falsification
The commission of any of
the
eight
(8)
acts
mentioned in Art. 171 on
legislative (only the act of
making alteration), public or
official, commercial, or
private documents, or
wireless, or telegraph
messages.

ANTI-MONEY LAUNDERING ACT


R.A. No. 9194
Money laundering

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Is a crime whereby the proceeds of an unlawful activity as


herein defined are transacted, thereby making them
appear to have originated from legitimate sources. It is
committed by the following:
a. Any person knowing that any monetary instrument or
property represents, involves, or relates to, the
proceeds of any unlawful activity, transacts or attempts
to transact said monetary instrument or property.
b. Any person knowing that any monetary instrument or
property involves the proceeds of any unlawful activity,
performs or fails to perform any act as a result of which
he falicitates the offense of money laundering referred
to in paragraph (a) above.
c. Any person knowing that any monetary instrument or
property is required under this Act to be disclosed and
filed with the Anti-Money Laundering Council (AMLC),
fails to do so" (Sec 4).
Covered transaction'
It is a transaction in cash or other equivalent monetary
instrument involving a total amount in excess of Five
hundred thousand pesos (PhP 500,000.00) within one (1)
banking day (Sec 1).
Suspicious transaction
Are transactions with covered institutions, regardless of
the amounts involved, where any of the following
circumstances exist:
1. there is no underlying legal or trade obligation, purpose
or economic justification;
2. the client is not properly identified;
3. the amount involved is not commensurate with the
business or financial capacity of the client;
4. taking into account all known circumstances, it may be
perceived that the client's transaction is structured in
order to avoid being the subject of reporting
requirements under the Act;
5. any circumstances relating to the transaction which is
observed to deviate from the profile of the client and/or
the client's past transactions with the covered
institution;
6. the transactions is in a way related to an unlawful
activity or offense under this Act that is about to be, is
being or has been committed; or
7. any transactions that is similar or analogous to any of
the foregoing (Sec 2).
Unlawful activity refers to any act or omission or series
or combination thereof involving or having direct
relation to following:
a. Kidnapping for ransom under Article 267 of Act No.
3815, otherwise known as the Revised Penal Code,
as amended;

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b. Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of
Republic Act No. 9165, otherwise known as the
Comprehensive Dangerous Act of 2002;
c. Section 3 paragraphs B, C, E, G, H and I of republic
Act No. 3019, as amended, otherwise known as the
Anti-Graft and Corrupt Practices Act;
d. Plunder under Republic Act No. 7080, as amended;
e. Robbery and extortion under Articles 294, 295, 296,
299, 300, 301 and 302 of the Revised Penal Code,
as amended;
f. Jueteng and Masiao punished as illegal gambling
under Presidential Decree No. 1602;
g. Piracy on the high seas under the Revised Penal
Code, as amended and Presidential under the
Revised Penal Code, as amended and Presidential
Decree No. 532;
h. Qualified theft under Article 310 of the Revised
Penal Code, as amended;
i. Swindling under Article 315 of the Revised
PenalCode, as amended;
j. Smuggling under Republic Act Nos. 455 and 1937;
k. Violations under Republic Act No. 8792, otherwise
known as the Electronic Commerce Act of 2000;
l. Hijacking and other violations under Republic Act
No. 6235; destructive arson and murder, as defined
under the Revised Penal Code, as amended,
including those perpetrated by terrorists against
non-combatant persons and similar targets;
m. Fraudulent practices and other violations under
Republic Act No. 8799, otherwise known as the
Securities Regulation Code of 2000;
n. Felonies or offenses of a similar nature that are
punishable under the penal laws of other countries
(Sec 3).
SECTION FOUR: FALSIFICATION OF LEGISLATIVE,
PUBLIC, COMMERCIAL AND PRIVATE DOCUMENTS
AND WIRELESS, TELEGRAPH AND TELEPHONE
MESSAGES
ARTICLE 170
FALSIFICATION OF LEGISLATIVE DOCUMENTS

The act of falsification is limited to altering that which


changes its meaning. Hence, other acts of falsification,
even in legislative documents, are punished either in
Art. 171 or under Art. 172.
R.A. 248 prohibits the reprinting, reproduction or
republication of government publications and official
documents without previous authority.
ARTICLE 171
FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR
NOTARY OR ECCLESIASTICAL MINISTER
Elements:
1. That the offender is a public officer, employee or notary
public or ecclesiastical minister;
The ecclesiastical minister is liable under this article if
he shall commit any of the acts of falsification with
respect to any record or document of such character
that its falsification may affect the civil status of persons.
2. That he takes advantage of his official position when:
a. He has the duty to make or prepare or otherwise
intervene in the preparation of the document;
b. He has the official custody of the document which he
falsifies.
If he did not take advantage of his official position, he
would be guilty of falsification of public document by a
private individual under Art. 172.
3. The offender falsifies a document.
Document
It is any written statement by which a right is established
or an obligation extinguished or by which a fact may be
proven or affirmed.
The document must be complete or at least it must have
the appearance of a true and genuine document.
The document must be of apparent legal efficacy.

Elements:
1. That there be a bill, resolution or ordinance enacted or
approved or pending approval by either House of the
Legislature or any provincial board or municipal council;
2. The offender alters the same;
3. That he has no proper authority therefor; and
4. That alteration changed the meaning of the document.

In the 1st, 2nd, 6th, 7th (second part) and 8th mode of
falsification, there must be a GENUINE DOCUMENT.
In the other paragraphs of Art. 171, falsification may be
committed by simulating or fabricating a document.
Different Modes of Falsifying a Document:
A. Counterfeiting or imitating
handwriting, signature or rubric.

The bill, resolution, or ordinance must be genuine.


Offender may be private individual or a public officer.

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Requisites:

(feigning)

any

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1. That there be an intent to imitate or an attempt to
imitate; and
2.The two signatures or handwritings, the genuine and
the forged bear some resemblance to each other.

4. That the perversion of truth in the narration of facts


was made with the wrongful intent of injuring a third
person.
There must be narration of facts, not a conclusion of
law.

Counterfeiting
Imitating any handwriting, signature or rubric
Imitating (feigning)
Simulating a signature, handwriting, or rubric out of one
which does not in fact exist
If there is no attempt whatsoever by the accused to
imitate the signatures of the other person so that they
are entirely unlike the genuine signature, the accused
may be found guilty under the second mode of falsifying
a document.
B.Causing it to appear that persons have participated
in an act or proceeding when they did not in fact so
participate.
Requisites:
1. That the offender caused it to appear in a document
that a person or persons participated in an act or
proceeding; and
2. That such persons did not in fact so participate in the
act or proceeding.
The imitation of the signature of the offended party is
not necessary in this mode of falsification.
C.Attributing to persons who have participated in any
act or proceeding statements other than those in
fact made by them.
Requisites:
1. That a person or persons participated in an act or
proceeding;
2. That such person or persons made statements in that
act or proceeding;
3. That the offender in making a document, attributed to
such person, statements other than those in fact
made by such person or persons.
D. Making untruthful statements in a narration of
facts.
Requisites:
1. That the offender makes in a document statements in
a narration of facts;
2. That he has the legal obligation to disclose the truth
of the facts narrated by him;
3. That the facts narrated by the offender are absolutely
false; and

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Legal obligation means that there is a law requiring the


disclosure of the facts narrated.
The facts must be absolutely false. The crime of
falsification is not violated if there is some colorable
truth in the statements of the accused.
Wrongful intent not essential when the document
falsified is public document.
If the narration of facts is contained in an affidavit or a
statement required by law to be sworn to, the crime
committed is perjury.
The person making the narration of facts must be aware
of the falsity of the facts narrated by him (Reyes, p.
225).
E.Altering true dates.
Date must be essential.
The alteration of the date or dates in a document must
affect either the veracity of the document or the effects
thereof.
Alteration of dates in official receipts to prevent
discovery of malversation is falsification.
F. Making alteration or intercalation in a genuine
document which changes its meaning.
Requisites:
1. That there be an alteration (change) or intercalation
(insertion) on a document;
2. That it was made on a genuine document;
If the document is not genuine, the crime of estafa is
committed.
3. That the alteration or intercalation has changed the
meaning of the document;
4. That the change made the document speak
something false.
Alteration which speaks the truth is not falsification. The
idea of deception is inherent in the word alteration of
making the instrument speak something which the
parties did not intend it to speak.

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G.Issuing in an authenticated form a document
purporting to be a copy of an original document
when no such original exists or including in such a
copy a statement contrary to or different from that
of the genuine original.
CANNOT be committed by a private individual or by a
notary public or public officer who DOES NOT take
advantage of his official position.
Intent to gain or prejudice is not necessary, because it is
the interest of the community which is intended to be
guaranteed by the strict faithfulness of the officials
charged with the preparation and preservation of the
acts in which they intervene.
H.Intercalating any instrument or note relative to the
issuance thereof in a protocol, registry or official
book.
ARTICLE 172
FALSIFICATION BY PRIVATE INDIVIDUALS AND USE
OF FALSIFIED DOCUMENTS
Acts punished:
1. Falsification of public, official or commercial
document by a private individual.
Elements:
a. The offender is a private individual or a public officer
or employee who did not take advantage of his official
position; and
b. That he committed any of the acts of falsification
enumerated in Art.171 (Pars.1-6);
c. That the falsification was committed in a public or
official or commercial document.
Public document
A document created, executed or issued by a public
official in response to the exigencies of the public
service, or in the execution of which a public official
intervened; any instrument authorized by a notary public
or a competent public official, with the solemnities
required by law.
Official document
A document which is issued by a public official in the
exercise of the functions of his office.
Commercial document
Any document defined and regulated by the Code of
Commerce or any other commercial laws.
2. Falsification of private document by any person.
Elements:
a. That the offender committed any of the acts of

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falsification, except those in par. 7, enumerated in


Art.171;
b. That the falsification was committed in a private
document;
c. That the falsification caused damage to a third party
or at least the falsification was committed with the
intent to cause such damage.
Private document
A deed or instrument executed by a private person without
the intervention of a notary public or other person legally
authorized, by which document some disposition or
agreement is proved, evidenced or set forth.
Mere falsification of private document is not enough. Two
things are required:
i. He must have falsified the same; and
ii. He must have performed an independent act which
operates to the prejudice of third persons.
Damage need not be material, damage to ones honor is
included.
There is no crime of estafa through falsification of a
private document because the immediate effect of
falsification of private document is the same as that of
estafa.
Generally, falsification is consummated when the genuine
document is altered or the moment the false document is
executed. It is immaterial that the offender did not achieve
his objective.
3. Use of falsified documents.
Elements:
a. Introducing in a judicial proceeding
i. That the offender knew that the document was
falsified by another person;
ii. That the false document was embraced in Art. 171
or in any of subdivision No.1 or 2 of Art. 172;
iii. That he introduced said document in evidence in
any judicial proceeding.
Note: No damage is required.
b. Use in any other transaction
i. That the offender knew that the document was
falsified by another person;
ii. That the false document was embraced in Art. 171
or in any of subdivision No. 1 or 2 of Art. 172;
iii. That he used such document (not in judicial
proceeding);
iv. That the use of the false document caused damage
to another or at least it was used with intent to
cause damage.

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Note:
If a person knowingly offers in evidence a FALSE
WITNESS OR TESTIMONY, Art. 184 should apply.
If a person makes, presents or uses any record,
document, paper or object with knowledge of its falsity
and with intent to affect the course or outcome of the
investigation of, or official proceedings IN CRIMINAL
CASES, such person is liable under PD 1829.
Falsification of
Public/Official or
Commercial Document
When committed as a
necessary
means
to
commit estafa, complex
crime is committed

Falsification by
Private Individual
The prejudice to a third
party is taken into
account so that if
damage is not apparent,
or at least if with no
intent to cause it, the
falsification
is
not
punishable

Falsification of
Private Document
Even
when
committed as a
necessary means to
commit estafa, the
crime is either estafa
or falsification only,
because in this type
of falsification, an act
independent
of
falsification
is
required to show
intent to defraud

Falsification of
Public Officer
Prejudice to third person
is immaterial; what is
punished is the violation
of public faith and the
perversion of truth

There is no falsification of private document through


reckless imprudence.
Falsification is consummated the moment the genuine
document is altered or the moment the false document is
executed. It is immaterial that the offender did not achieve
his objective.
ARTICLE 173
FALSIFICATION OF WIRELESS, CABLE, TELEGRAPH
AND TELEPHONE MESSAGES AND USE OF SAID
FALSIFIED MESSAGES

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Acts punished:
1. Uttering fictitious wireless, telegraph, or telephone
messages;
2. Falsifying wireless, telegraph or telephone messages.
Elements:
a. That the offender is an officer or employee of the
Government or an officer or an employee of a private
corporation, engaged in the service of sending or
receiving wireless, cable or telephone message; and
b. That he commits any of the above acts.
3. Using such falsified messages.
With respect to No. 3, the offender need not be
connected to the government or to such corporation.
Elements:
a. That the accused knew that the wireless, cable,
telegraph or telephone message was falsified by any
person specified in 1st paragraph of Art.173;
b. That the accused used such falsified dispatch; and
c. That the use of the falsified dispatch resulted in the
prejudice of a third party, or that the use thereof was
with the intent to cause such prejudice.
Act No. 1851, Sec. 4, punishes private individuals who
forge or alter telegram.

SECTION FIVE: FALSIFICATION OF MEDICAL


CERTIFICATES, CERTIFICATES OF MERIT OR
SERVICE AND THE LIKE
ARTICLE 174
FALSE MEDICAL CERTIFICATES, FALSE
CERTIFICATES OF MERIT OR SERVICE
Persons liable:
1. Physician or surgeon who, in connection with the
practice of his profession, issued a false certificate; The
crime is False Medical Certificate by a physician.
Public officer who issued a false certificate of merit or
service, good conduct or similar circumstances;
2. The crime is False Certificate of Merit or Service by a
public officer.
3. Private individual who falsified a certificate falling in the
classes mentioned in Nos. 1 and 2.
The crime is False Medical Certificate by a private
individual or False Certificate of Merit or Service by a
private individual.
Certificate

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Is any writing by which testimony is given that a fact has
or has not taken place.
The phrase or similar circumstances in Art. 174 does not
seem to cover property, because the circumstance
contemplated must be similar to merit, service, or
good conduct.
ARTICLE 175
USING FALSE CERTIFICATES
Elements:
1. That a false certificate mentioned in the preceding
article was issued;
2. That the offender knew that the certificate was false;
and
3. That he used the same.
When the false certificates in the preceding article is used
in a judicial proceeding, Art. 175 will apply. The use of
false document in judicial proceeding under Art 172 is
limited to those false documents mentioned in Arts. 171
and 172.

SECTION SIX: MANUFACTURING, IMPORTING AND


POSSESSION OF INSTRUMENTS OR IMPLEMENTS
INTENDED FOR THE COMMISSION OF
FALSIFICATION
ARTICLE 176
MANUFACTURING AND POSSESSION OF
INSTRUMENTS AND IMPLEMENTS FOR
FALSIFICATION
Acts punished:
1. Making or introducing into the Philippines any stamps,
dies, marks, or other instruments or implements for
counterfeiting or falsification;
2. Possessing with intent to use the instruments or
implements for counterfeiting or falsification made in or
introduced into the Philippines by another person.
It is not necessary that the implements confiscated form a
complete set for counterfeiting, it being enough that they
may be employed by themselves or together with other
implements to commit the crime of counterfeiting or
falsification.
Arts. 165 and 176 punish not only actual, physical
possession, but also constructive possession or the
subjection of the thing to ones control.
CHAPTER TWO: OTHER FALSITIES
(ARTS. 177- 184)

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SECTION ONE: USURPATION OF AUTHORITY, RANK,


TITLE AND IMPROPER USE OF NAMES, UNIFORMS
AND INSIGNIA
ARTICLE 177
USURPATION OF AUTHORITY
OR OFFICIAL FUNCTIONS
Two offenses contemplated in Art. 177:
1. Usurpation of authority
2. Usurpation of official functions
How committed:
1. By knowingly misrepresenting oneself to be an officer,
agent or representative of the Government, whether
local, national or foreign;
Note: In usurpation of authority, the mere act of
knowingly and falsely representing oneself to be an
officer, etc. is sufficient. It is not necessary that he
performs an act pertaining to a public officer.
2. By performing any act pertaining to a person in
authority or public officer of the Government under the
pretense of official position and without authority.
Note: In usurpation of official functions, it is essential
that the offender should have performed an act
pertaining to a person in authority or public officer, in
addition to other requirements.
Usurper is one who introduces himself into an office
that is vacant, or who without color of title, ousts the
incumbent and assumes to act as an officer by
expressing some of the functions of the office (People
vs. Buenaflor, C.A., 72 O.G. 364, as cited in Reyes).
It may be violated by a public officer.
It does not apply to an occupant under color of title.
Republic Act No. 75 provides penalty for usurping
authority of diplomatic, consular or other official of a
foreign government in addition to the penalty imposed
by the RPC.
There must be a positive, express, and explicit
representation on the part of the offender.
The acts performed must pertain to:
1. The Government
2. To any person in authority
3. To any public officer
ARTICLE 178
USING FICTITIOUS NAME AND

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CONCEALING TRUE NAME
Elements: (Using Fictitious Name)
1. That the offender uses a name other than his real
name;
2. That he uses that fictitious name publicly; and
3. That the purpose of the offender is
a. To conceal a crime;
b. To evade the execution of a judgment; or
c. To cause damage to public interest.
Damage must be to public interest. If damage is to
private interest, the crime will be estafa under Art.
315, 2(a).
Signing fictitious name in an application for passport
is publicly using such fictitious name (U.S. vs. To Lee
Piu, G.R. No. 11522, September 26, 1916).
Elements: (Concealing True Name)
1. That the offender conceals:
a. His true name, AND
b. All other personal circumstances;
2. That the purpose is only to conceal his identity.
Fictitious name
Any other name which a person publicly applies to himself
without authority of law.
Using Fictitious Name

Concealing True
Name

Element of publicity must be Element of publicity is


present.
not necessary.
The purpose is either to The purpose is merely
conceal a crime, to evade the to conceal identity.
execution of a judgment, or to
cause damage.
Using
Fictitious
Name (Art.
178)
Purpose of
the offender
is to (a)
conceal a
crime; (b)
evade the
execution of
a judgment;
or (c) to
cause
damage to

Usurpation of
Civil
Status
(Art. 348)
Purpose
is to enjoy
the rights
arising
from the
civil status
of
the
person
impersonated.

Estafa
(par. 2a,
Art.
315)

Using
Fictitious
Name Under
P.D. 1829

Purpose
is
to
defraud
third
persons

Purpose
of
publicly using a
fictitious name
is to conceal a
crime, evade
prosecution or
the execution of
a judgment or
concealing his
true name and
other personal

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public
interest.

circumstances
for the same
purpose
or
purposes

The crimes under this Article may be complexed with the


crime of delivering prisoners from jail, but may not be
complexed with evasion of service of sentence.
COMMONWEALTH ACT NO. 142,
as amended by REPUBLIC ACT NO. 6085
An Act Regulating the Use of Aliases
General rule: No person shall use any name different
from the one with which he was registered at birth in the
office of the local civil registry, or with which he was
registered in the Bureau of Immigration upon entry, or
such substitute name as may have been authorized by a
competent court.
Exception: As pseudonym solely for literary, cinema,
television, radio or other entertainment purposes and in
athletic events where the use of pseudonym is a normally
accepted practice.
Any person desiring to use an alias shall apply for
authority therefor in proceedings like those legally
provided to obtain judicial authority for a change of name.
No person shall be allowed to secure such judicial
authority for more than one alias.
The petition for an alias shall set forth:
1. The persons baptismal and family name and the name
recorded in the civil registry, if different, his immigrants
name, if an alien, and his pseudonym, if he has such
names other than his original or real name,
2. The reason or reasons for the use of the desired alias.
The judicial authority for the use of alias, the Christian
name and the aliens immigrant name shall be recorded
in the proper local civil registry, and no person shall use
any name or names other than his original or real name
unless the same is or are duly recorded in the proper
local civil registry.
No person having been baptized with a name different
from that with which he was registered at birth in a local
civil registry, or in case of an alien, registered in the
Bureau of Immigration upon entry, or any person who
obtained judicial authority to use an alias, or who uses a
pseudonym, shall represent himself in any public or
private transaction or shall sign or execute any public or
private document without stating or affixing his real or
original name and all names or aliases or pseudonym

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he is or may have been authorized to use.

Good faith is a defense


4. That the defendant against whom the false testimony is
given is either acquitted or convicted in a final judgment.

ARTICLE 179
ILLEGAL USE OF UNIFORMS OR INSIGNIA
Elements:
1. That the offender makes use of insignia, uniform or
dress;
2. That the insignia, uniform or dress pertains to an
office not held by the offender or to a class of persons
of which he is not a member; and
3. That said insignia, uniform or dress is used publicly
and improperly.
Wearing the uniform of an imaginary office is NOT
punishable. The office must actually exist.
An EXACT IMITATION of a uniform or dress is
UNNECESSARY.
Republic Act No. 493 punishes the wearing of insignia,
badge or emblem of rank of the members of the Armed
Forces of the Philippines or Constabulary.
Republic Act No. 75 punishes the unauthorized wearing of
any naval, military, police or other official uniform,
decoration or regalia of a foreign State or one nearly
resembling the same, with intent to deceive or mislead.
Executive Order No. 297 punishes the illegal manufacture,
sale, distribution and use of PNP uniforms, insignias and
other accoutrements.

Penalty depends upon the sentence of the defendant


against whom false testimony was given.
Defendant must be sentenced to at least a correctional
penalty or a fine, or must be acquitted.
The offender is liable even if his testimony was not
considered by court. The law intends to punish the mere
giving of false testimony.
The testimony must be complete.
Art. 180 applies to Special Penal Laws because Special
Penal Laws follow the nomenclature of the RPC.
ARTICLE 181
FALSE TESTIMONY FAVORABLE
TO THE DEFENDANT
The false testimony in favor of the defendant need not
directly influence the decision of the acquittal and it need
not benefit the defendant.
Conviction or acquittal of defendant in principal case is not
necessary.
False testimony is punished not because of the effect it
actually produces but because of its tendency to favor or
to prejudice the defendant.

SECTION TWO: FALSE TESTIMONY


False testimony
It is committed by any person who, being under oath, and
required to testify as to the truth of a certain matter at a
hearing before a competent authority, shall deny the truth
or say something contrary to it.
Three forms of false testimony
1. False Testimony in Criminal Cases (Arts. 180-181)
2. False Testimony in Civil Cases (Art. 182)
3. False Testimony in other cases (Art. 183)

A defendant who falsely testifies in his own behalf in a


criminal case can only be guilty of Art. 181 when he
voluntarily goes upon the witness stand and falsely
imputes to some other person the commission of a grave
offense. If he merely denies the commission of the crime
or his participation therein, he should not be prosecuted
for false testimony (U.S. vs. Soliman, G.R. No. L-11555,
January 6, 1917).
Testimony must be complete. Rectification made
spontaneously after realizing the mistake is not false
testimony.

ARTICLE 180
FALSE TESTIMONY AGAINST A DEFENDANT
Elements:
1. That there be a criminal proceeding;
2. That the offender testifies falsely under oath against the
defendant therein;
3. That the offender who gives false testimony knows that
it is false;

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ARTICLE 182
FALSE TESTIMONY IN
CIVIL CASES
Elements:
1. That the testimony must be given in a civil case;
2. That the testimony must relate to the issues presented
in said case;

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3. That the testimony must be false;
4. That the false testimony must be given by the
defendant knowing it to be false; and
5. That the testimony must be malicious and given with
an intent to affect the issues presented in said case.
Art. 182 is NOT applicable when the false testimony is
given in special proceedings.
Civil case
An ordinary suit in a court of justice, by which one party
prosecutes another for the enforcement or protection of a
right, or the prevention or redress of a wrong and that
every other remedy is a special proceeding (People vs.
Hernandez 67 O.G. 8330).
The criminal action for false testimony must be suspended
when there is a pending determination of the falsity of the
subject testimonies of private respondents in the civil case
(Ark Travel Express vs. Judge Abrogar; G.R. No.
137010. August 29, 2003).
ARTICLE 183
PERJURY
Two ways of committing perjury:
1. By falsely testifying under oath;
2. By making a false affidavit.

testimony relative to the subject of inquiry, or which


legitimately affects the credit of any witness who testifies.

Material

Relevant

When it is When it tends in


directed
to any reasonable
prove a fact in degree
to
issue.
establish
the
probability
or
improbability of
a fact in issue.

Pertinent
When
it
concerns
collateral
matters which
make more or
less probable
the proposition
at issue.

Oath
Any form of attestation by which a person signifies that he
is bound in conscience to perform an act faithfully and
truthfully.
Affidavit
A sworn statement in writing; a declaration in writing,
made upon oath before an authorized magistrate or
officer.

Falsely testifying under oath must NOT be in a judicial


proceeding.

Art 183 governs in false testimony given in cases other


than those punished in Arts 180-182, and in actions for
perjury.

Testimony must be complete.

Good faith or lack of malice is a defense in perjury.

Elements:
1. That the accused made a statement under oath or
executed an affidavit upon a material matter;
2. That the statement or affidavit was made before a
competent officer authorized to receive and administer
oath;
3. That in that statement or affidavit, the accused made
a willful and deliberate assertion of a falsehood; and
4. That the sworn statement or affidavit containing the
falsity is required by law.

There is no perjury if sworn statement is not material to


the principal matter under investigation.

Note: However, in People v. Angangco (G.R. No. L47693, Oct.12, 1943), the SC held that the statement
need not be required but that it was sufficient if it was
AUTHORIZED by law to be made.
Material matter
Is the main fact which is the subject of the inquiry or any
circumstance which tends to prove that fact or any fact or
circumstance which tends to corroborate or strengthen the

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There is no perjury through negligence or imprudence


since the word knowingly under Article 183 suggests that
the assertion of falsehood must be willful and deliberate.
Two contradictory sworn statements are not sufficient to
convict of perjury. The prosecution must prove which of
the two statements is false, and must show that statement
to be false by other evidence than the contradictory
statement.
Competent person authorized to administer oath
A person who has a right to inquire into the questions
presented to him upon matters under his jurisdiction
Subornation of perjury
Is committed by a person who knowingly and willfully
procures another to swear falsely and the witness

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suborned does testify under the circumstances rendering
him guilty of perjury.

2. Attempting to cause bidders to stay away from an


auction by threats, gifts, promises or any other artifice.

Subornation of perjury is NOT expressly penalized in the


RPC, but the direct induction of a person by another to
commit a perjury may be punished under Art. 183 in
relation to Art. 17.

Elements:
a.
That there be a public auction;
b.
That the accused attempted to cause the buyers
to stay away from that public auction;
c.
That it was done by threats, gifts, promises or
any other artifice; and
d.
That the accused had the intent to cause the
reduction of the price of the thing auctioned.

ARTICLE 184
OFFERING FALSE TESTIMONY IN EVIDENCE
Elements:
1. That the offender offered in evidence a false witness or
testimony;
2. That he knew the witness or testimony was false; and
3. That the offer was made in a judicial or official
proceeding.
Art. 184 does not apply when the offender induced a
witness to testify falsely. Art. 184 applies when the
offender knowingly presented a false witness, and the
latter testified falsely.

Consummated by mere attempt.

ARTICLE 186
MONOPOLIES AND COMBINATIONS
IN RESTRAINT OF TRADE
Acts punished:
1. Combination or conspiracy
competition in the market.

Testimony must be complete.


Penalty is that for false testimony if committed in a judicial
proceeding and the penalty is that for perjury if committed
in other official proceeding.
CHAPTER THREE:
FRAUDS (ARTS. 185-189)

to

prevent

free

By entering into any contract or agreement or taking


part in any conspiracy or combination in the form of a
trust or otherwise, in restraint of trade or commerce or
to prevent by artificial means free competition in the
market.
2. Monopoly to restrain free competition in the market.

SECTION ONE: MACHINATIONS, MONOPOLIES, AND


COMBINATIONS
ARTICLE 185
MACHINATIONS IN PUBLIC AUCTIONS
Acts punished:
1. Soliciting any gift or promise as a consideration for
refraining from taking part in any public auction.
Elements:
a.
That there be a public auction;
b.
That the accused solicited any gift or a promise
from any of the bidders;
c.
That such gift or promise was the consideration
for his refraining from taking part in that public
auction; and
d.
That the accused had the intent to cause the
reduction of the price of the thing auctioned.
Consummated by mere solicitation.

By monopolizing any merchandise or object of trade or


commerce, or by combining with any other person or
persons to monopolize said merchandise or object in
order to alter the prices thereof by spreading false
rumors or making use of any other artifice to restrain
free competition in the market.
3. Making transactions prejudicial to lawful commerce or
to increase the market price of merchandise.
The person liable is the:
a. Manufacturer,
b. Producer,
c. Processor, or
d. Importer of any merchandise or object of commerce.
The crime is committed by (1) combining, (2)
conspiring, or (3) agreeing with any person.
The purpose is (1) to make transactions prejudicial to
lawful commerce, or (2) to increase the market price of

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any merchandise or object of commerce manufactured,
produced, processed, assembled or imported into the
Philippines.
Mere conspiracy or combination is punished.
If the offense affects any food substance or other
particles of prime necessity, it is sufficient that initial
steps are taken.
When offense is committed by a corporation or
association, the president and directors or managers
are liable when they (1) knowingly permitted or (2) failed
to prevent the commission of such offenses.
SECTION TWO: FRAUDS IN COMMERCE AND
INDUSTRY
ARTICLE 187
IMPORTATION AND DISPOSITION OF FALSELY
MARKED ARTICLES OR MERCHANDISE MADE OF
GOLD, SILVER OR OTHER PRECIOUS METALS OR
THEIR ALLOYS
Articles or merchandise involved:
Those made of
1. Gold,
2. Silver,
3. Other precious metals, or
4. Their alloys.

2. Trademarks and Service Marks;


3. Geographic Indications;
4. Industrial Designs;
5. Patents;
6. Layout-Designs (Topographies) of Integrated Circuits;
and
7. Protection of Undisclosed Information
Technology transfer arrangements
Contracts or agreements involving the transfer of
systematic knowledge for the manufacture of a product,
the application of a process, or rendering of a service
including management contracts; and the transfer,
assignment or licensing of all forms of intellectual property
rights, including licensing of computer software except
computer software developed for mass market.
Criminal action for repetition of infringement
If infringement is repeated by the infringer or by anyone in
connivance with him after finality of the judgment of the
court against the infringer, the offenders shall, without
prejudice to the institution of a civil action for damages, be
criminally liable therefor.
The making, using, offering for sale, selling, or importing a
patented product or a product obtained directly or
indirectly from a patented process, or the use of a
patented process without the authorization of the patentee
constitutes patent infringement.

Elements:
1. That the offender imports, sells or disposes any of
those articles or merchandise;
2. That the stamps, brands or marks of those articles or
merchandise fail to indicate the actual fineness or
quality of said metal or alloy; and
3. That the offender knows that the stamps, brands, or
marks fail to indicate the actual fineness or quality of
said metal or alloy.
Selling the misbranded articles is NOT necessary.
Art. 187 does not apply to the manufacturer of misbranded
articles. The manufacturer is liable for Estafa under Art.
315 subdivision 2(b) of the RPC.
Note: Arts. 188 and 189 have been REPEALED by the
Intellectual Property Code.
REPUBLIC ACT NO. 8293
Intellectual Property Code
Intellectual Property Rights consists of:
1. Copyright and Related Rights;

39

Remedies for infringement


Any person infringing a right protected under this law shall
be liable:
1. To an injunction restraining such infringement. The court
may also order the defendant to desist from an
infringement, among others, to prevent the entry into
the channels of commerce of imported goods that
involve an infringement, immediately after customs
clearance of such goods.
2. Pay to the copyright proprietor or his assigns or heirs
such actual damages, including legal costs and other
expenses, as he may have incurred due to the
infringement as well as the profits the infringer may
have made due to such infringement, and in proving
profits the plaintiff shall be required to prove sales only
and the defendant shall be required to prove every
element of cost which he claims, or, in lieu of actual
damages and profits, such damages which to the court
shall appear to be just and shall not be regarded as
penalty.
3. Deliver under oath, for impounding during the pendency
of the action, upon such terms and conditions as the
court may prescribe, sales invoices and other
documents evidencing sales, all articles and their
packaging alleged to infringe a copyright and

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implements for making them.
4. Deliver under oath for destruction without any
compensation all infringing copies or devices, as well as
all plates, molds, or other means for making such
infringing copies as the court may order.
5. Such other terms and conditions, including the payment
of moral and exemplary damages, which the court may
deem proper, wise and equitable and the destruction of
infringing copies of the work even in the event of
acquittal in a criminal case.
In an infringement action, the court shall also have the
power to order the seizure and impounding of any
article which may serve as evidence in the court
proceedings (Sec. 28, P.D. No. 49a).
In determining the number of years of imprisonment and
the amount of fine, the court shall consider the value of
the infringing materials that the defendant has produced
or manufactured and the damage that the copyright owner
has suffered by reason of the infringement.
Any person who at the time when copyright subsists in a
work has in his possession an article which he knows, or
ought to know, to be an infringing copy of the work for the
purpose of:
a.
Selling, letting for hire, or by way of trade
offering or exposing for sale, or hire, the article;
b.
Distributing the article for purpose of trade,
or for any other purpose to an extent that will prejudice
the rights of the copyright owner in the work; or
c.
Trade exhibit of the article in public, shall be
guilty of an offense and shall be liable on conviction to
imprisonment and fine as above mentioned (Sec. 29,
P.D. No. 49a).
Unfair competition:
1. Any person, who is selling his goods and gives them the
general appearance of goods of another manufacturer
or dealer, either as to the goods themselves or in the
wrapping of the packages in which they are contained,
or the devices or words thereon, or in any other feature
of their appearance, which would be likely to influence
purchasers to believe that the goods offered are those
of a manufacturer or dealer, other than the actual
manufacturer or dealer, or who otherwise clothes the
goods with such appearance as shall deceive the public
and defraud another of his legitimate trade, or any
subsequent vendor of such goods or any agent of any
vendor engaged in selling such goods with a like
purpose;
2. Any person who by any artifice, or device, or who
employs any other means calculated to induce the false
belief that such person is offering the services of
another who has identified such services in the mind of

40

the public; or
3. Any person who shall make any false statement in the
course of trade or who shall commit any other act
contrary to good faith of a nature calculated to discredit
the goods, business or services of another (Sec. 168.3,
Intellectual Property Code).
False Designations of Origin; False Description or
Representation
Any person who, on or in connection with any goods or
services, or any container for goods, uses in commerce
any word, term, name, symbol, or device, or any
combination thereof, or any false designation of origin,
false or misleading description of fact, or false or
misleading representation of fact, which:
1. Is likely to cause confusion, or to cause mistake, or to
deceive as to the affiliation, connection, or association
of such person with another person, or as to the origin,
sponsorship, or approval of his or her goods, services,
or commercial activities by another person; or
2. In commercial advertising or promotion, misrepresents
the nature, characteristics, qualities, or geographic
origin of his or her or another person's goods, services,
or commercial activities (Sec. 160, Intellectual Property
Code).
Liable to a civil action for damages and injunction by any
person who believes that he or she is or is likely to be
damaged by such act.
Independent of the civil and administrative sanctions
imposed by law the offender may also be criminally liable.
REPUBLIC ACT NO. 455
Law on Smuggling
Acts punished:
1. That the merchandise must have been fraudulently or
knowingly imported contrary to law.
2. That the defendant if he is not the importer himself,
must have received, concealed, bought, sold or in any
manner facilitated the transportation, concealment, or
sale of the merchandise.
3. That he must be shown to have knowledge that the
merchandise had been illegally imported.

TITLE FIVE: CRIMES RELATED TO


OPIUM AND OTHER PROHIBITED
DRUGS
REPUBLIC ACT NO. 9165

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Comprehensive Dangerous Drugs Act of 2002
(Repealing RA No. 6425, otherwise known as the
Dangerous Drugs Act of 1972)
Definition of Terms (Sec. 3)
Controlled precursors and essential chemicals
(CP/EC)
Include those listed in Tables I and II of the 1988 UN
Convention Against Illicit Traffic in Narcotic Drugs and
Psychotropic Substances.
Dangerous Drugs (DD)
Include those listed in the Schedules annexed to the 1961
Single Convention on Narcotic Drugs, as amended by the
1972 Protocol, and in the Schedules annexed to the 1971
Single Convention on Psychotropic Substances.
Financier
Any person who pays for, raises or supplies money for, or
underwrites any of the illegal activities prescribed under
this Act.
Protector/Coddler
Any person who knowingly and willfully consents to the
unlawful acts provided for in this Act and uses his/her
influence, power or position in shielding, harboring,
screening or facilitating the escape of any person he/she
knows, or has reasonable grounds to believe on or
suspects, has violated the provisions of this Act in order to
prevent the arrest, prosecution and conviction of the
violator.
Pusher
Any person who sells, trades, administers, dispenses,
delivers or gives away to another, on any terms
whatsoever, or distributes, dispatches in transit or
transports dangerous drugs or who acts as a broker in any
of such transactions, in violation of this Act.
Prohibition on Plea-Bargaining (Sec. 23)
Any person charged under any provision of this Act
regardless of the imposable penalty shall NOT be allowed
to avail of the provisions of plea-bargaining.
Non-applicability of the Probation Law for Drug
Traffickers and Pushers (Sec. 24)
Any person convicted for drug trafficking or pushing under
this Act, regardless of the penalty imposed by the Court,
CANNOT avail of the privilege granted by the Probation
Law (PD No. 968, as amended).
Qualifying Aggravating Circumstances in the
Commission of a Crime by Offender under influence

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of DD (Sec. 25)
Notwithstanding the provisions of the law to the contrary, a
positive finding for the use of dangerous drugs shall be a
QUALIFYING AGGRAVATING CIRCUMSTANCE in the
commission of a crime by an offender, and the applicable
penalty provided for in the RPC shall be applicable.
Confiscation and Forfeiture of Proceeds and
Instruments (Sec. 20)
All proceeds and properties derived from the unlawful acts
under this Act shall be confiscated and forfeited in favor of
the State.
Dangerous Drugs Test and Record Requirement
(Article III)
The following shall be subjected to undergo drug testing:
1. Applicants for drivers license.
2. Applicants for firearms license and for permit to carry
firearms outside of residence.
All persons who by the nature of their profession carry
firearms shall undergo drug testing.
3. Students of secondary and tertiary schools.
4. Officers and employees of public and private offices
(whether domestic or overseas).
Shall be subjected to undergo a random drug test. Any
officer or employee found positive of use of dangerous
drugs shall be dealt with administratively which shall
be a ground for suspension or termination subject to
the provisions of Art. 282 of the Labor Code and
pertinent provisions of the Civil Service Law.
5. Officers and members of the military, police and other
law enforcement agencies shall undergo an annual
mandatory drug test.
6. All candidates for public office whether appointed or
elected both in the national or local government shall
undergo a mandatory drug test.
Note: The Court has held that the testing requirement as
to national officials whose qualifications have been
expressly set in the Constitution, such as the President,
Vice President, Senators and Congressmen, is
unconstitutional. Where the Constitution has expressly set
out the qualifications, these are exclusive and may not be
broadened nor circumscribed by legislative fia. (SJS v.
DDB and PDEA, G.R. No. 157870, November 3, 2008).
The testing requirement is no longer required for those
charged before the prosecutors office. The Court held
that such testing is unconstitutional as it effectively singles
out its subject and seeks to violate his rights against selfincrimination and privacy. A person accused of an offense
does not consent to such testing and neither does he
waive his right to privacy simply by being a person
accused of a crime (SJS v. DDB and PDEA, G.R. No.
157870, November 3, 2008).

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Those found to be positive for dangerous drugs shall be
subjected to the provisions of Sec. 15 (Use of Dangerous
Drugs), which involves rehabilitation for a minimum period
of 6 months for the first offense, or imprisonment of 6 to
12 years for the second offense.
Acts Punished:
(For table of acts punished see Annex J)
1. Importation of dangerous drugs and/or controlled
precursors and essential chemicals (Section 4).
2. Sale, trading, administration, dispensation, delivery,
distribution and transportation of dangerous drugs
and/or controlled precursors and essential chemicals
(Section 5).
In order to sustain a conviction for selling prohibited
drugs, the element of sale must be unequivocally
established. What the law proscribes is not only the act
of selling but also the act of delivering. What is
important is that the poseur-buyer received the drugs
from the accused (People v. Ponferada, G.R. No.
101004, March 17, 1993).
The following elements must concur:
a. The identity of the buyer and the seller, the object
and the consideration of the sale; and
b. The delivery of the thing sold and the payment
therefor (People v. Villahermosa, G.R. No. 186465,
June 2, 2011).
"Delivery" necessarily involves the knowledge on
the part of the one delivering that what he is
delivering is DD. If there is no evidence to show
this knowledge, accused will be acquitted (Boado,
p. 525). Deliver under RA 9165 is defined as
knowingly passing a dangerous drug to another,
personally or otherwise, and by any means, with or
without consideration (People v. Jumao-as, G.R.
No. 101334, February 14, 1994).
3. Maintenance of a den, dive or resort. (Section 6)
4. Employment in and visiting a den, dive or resort
(Section 7).
The violator must be aware of the nature of the place as
such, and in case of the visitor, he must also knowingly
visit the same.
5. Manufacture of dangerous drugs and/or controlled
precursors and essential chemicals (Section 8).
6. Illegal chemical diversion of controlled precursors and
essential chemicals (Section 9).
7. Manufacture or delivery of equipment, instrument,
apparatus and other paraphernalia for dangerous drugs

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and/or controlled precursors essential chemicals (Sec.


10).
8. Possession of dangerous drugs (Sec. 11).
Elements
a. Unauthorized;
b. Either actual or constructive;
c. Irrespective of its quantity; and
d. With intent to possess or with full knowledge that
what was possessed was any of the prohibited
drugs.
9. Possession of equipment, instrument, apparatus and
other paraphernalia for dangerous drugs (Sec. 12).
The possession of such equipment, instrument,
apparatus and other paraphernalia fit or intended for
any of the purposes enumerated in the preceding
paragraph shall be prima facie evidence that the
possessor has smoked, consumed, administered to
himself/herself, injected, ingested or used a dangerous
drug and shall be presumed to have violated Section
15 of this Act (Sec. 12).
10. Possession of dangerous drugs during parties, social
gatherings or meetings or in the proximate company
of at least 2 persons (Sec. 13).
11. Possession of equipment, instrument, apparatus and
other paraphernalia for dangerous drugs during
parties, social gatherings or meetings or in the
proximate company of at least 2 persons (Sec. 14).
12. Use of dangerous drugs (Sec. 15).
This Section shall not be applicable where the person
tested is also found to have in his/her possession
such quantity of any dangerous drug provided for
under Sec. 11 of this Act, in which case the provisions
stated therein shall apply (Sec. 15).
13. Cultivation or culture of plants classified as dangerous
drugs or are sources thereof (Sec. 16).
14. Failure to maintain and keep records of transactions
on dangerous drugs and/or controlled precursors and
essential chemicals (Sec. 17).
15. Unnecessary prescription of dangerous drugs (Sec.
18).
16. Unlawful prescription of dangerous drugs (Sec. 19).
Rules on Possession, Sale and Use of Prohibited
Drugs and/or Paraphernalia
1.When the seller is apprehended, the quantity he is
possessing must be equal to that being sold by him. If
so, it will be illegal sale only, possession being
absorbed by the sale. But if the quantity possessed by
him is greater than the quantity negotiated, he is still
liable for illegal possession equal to the excess amount.

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2. Possession of instruments for administering drugs is
punished separately. But if possession of pipe is when
he is smoking the same, possession of pipe is
absorbed. If he is found possessing the pipe and opium
and he is not smoking, two crimes are committed: illegal
possession of opium and illegal possession of opium
pipe.
3. An offender who is tested positive for use and is found
to be in possession of any quantity of dangerous drugs
shall be punished for possession only (Section 115 in
relation to Section 15).
Other Acts Punished Under RA 9165
1. Misappropriation, misapplication or failure to account
seized, confiscated or surrendered DD, CP/EC and
plants which are sources of DD, instruments,
paraphernalia or lab equipment, including proceeds/
properties obtained from the unlawful act (Sec. 27).
2. Benefitting from the proceeds of trafficking of
dangerous drugs (Sec. 27).
3. Receiving financial/material contributions from persons
found guilty of trafficking dangerous drugs (Sec. 27).
The person liable under Sec. 27 is a public officer or
employee.
4. Planting of dangerous drugs, controlled precursors or
essential chemicals as evidence (Sec. 29).
5. Consenting or knowingly tolerating any violation of RA
9165 in the case of a partner, president, director,
manager, trustee, estate administrator, or officer of a
partnership, corporation, association or any juridical
entity (Sec. 30).
6. Knowingly consenting to, tolerating, or authorizing the
use of a vehicle, vessel, aircraft, equipment or other
facility, as an instrument in the importation, sale,
trading, administration, dispensation, delivery,
distribution, transportation or manufacture of
dangerous drugs, or chemical diversion if the same are
owned by or under the control or supervision of the
officers of juridical entities (Sec. 30).
7. Violating any rule or regulation issued by the DDB
pursuant to RA 9165 (Sec. 32).
8. Issuance of a false or fraudulent dangerous drug test
result (Sec. 37).
9. Violation of the confidentiality rule on records of drug
dependents under voluntary submission (Sec. 72).
10. Failure or refusal to appear as a witness for any
violation of this act (Sec. 91).
11. Delay or bungling in the handling of the prosecution of
drug related cases (Sec. 92).
Custody and Disposition of Confiscated, Seized,
Surrendered Dangerous Drugs, Paraphernalia etc.
(Sec. 21)
The PDEA shall take charge and have custody of all DD,

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CP/EC and equipment/ paraphernalia confiscated, seized


or surrendered for proper disposition.
1. Physical inventory and photograph the articles seized in
the presence of the accused, his representative or
counsel, a representative from the media and the DOJ,
and any elected public official who shall be required to
sign the copies of the inventory and be given a copy
thereof.
2. Submit the article within 24 hours to the PDEA Forensic
Laboratory for a qualitative and quantitative
examination.
3. Certification of the results of the laboratory examination
within 24 hours from the receipt of the subject items.
When the volume of the subject does not allow the
completion of the examination within 24 hours, a
partial laboratory report shall be issued, with a final
certification to follow within the next 24 hours.
4. Filing of the criminal case in court.
5. Ocular inspection by the Court of the subject seized,
confiscated or surrendered.
6. Within the next 24 hours, the burning or destroying of
the items in the presence of the accused or his
counsel, representative from the media, DOJ, civil
society, and any elected public official.
7. Sworn certification of the burning or disposal is issued
by the DDB.
8. Submission of the sworn certificate of destruction or
burning to the court.
9. After promulgation of judgment by the court, the
representative sample, with leave of court, shall be
turned over to the PDEA which shall destroy the same
within 24 hours from its receipt.
10. The DDB shall be informed of the termination of the
case.
Chain of Custody
The duly recorded authorized movements and custody of
seized drugs or controlled chemicals or plant sources of
dangerous drugs or laboratory equipment of each stage,
from the time of seizure/confiscation to receipt in the
forensic laboratory to safekeeping to presentation in court
for destruction. Such record of movements and custody of
seized item shall include the identity and signature of the
person who held temporary custody of the seized item,
the date and time when such transfer of custody were
made in the course of safekeeping and use in court as
evidence, and the final disposition (Sec. 1(b) of the
Dangerous Drugs Board Resolution No. 1, Series of 2002,
implementing RA 9165).
Note: Non-compliance with the procedure outlined in
Section 21(a), of Republic Act No. 9165, shall not render
void and invalid such seizures of and custody over said
items, for as long as the integrity and evidentiary value of
the seized items are properly preserved by the

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apprehending officers (People v. Lopez, GR No. 181747,
September 29, 2008).
Attempt or Conspiracy to commit the following
unlawful acts shall be penalized by the same penalty
prescribed for the commission of the same as
provided under the Act (Sec. 26):
1. Importation of any DD and/or CP/EC;
2. Sale, trading, administration, dispensation, delivery,
distribution and transportation of any DD and/or CP/EC;
3. Maintenance of a den, dive or resort where any DD is
used in any form;
4. Manufacture of any DD and/or CP/EC; and
5. Cultivation or culture of plants which are sources of
dangerous drugs.
Criminal Liability of Government Officials and
Employees (Sec. 28)
If the violators are government officials and employees,
maximum penalties of the unlawful act plus absolute
perpetual disqualification from any public office shall be
imposed.
Additional Penalty if Offender is an Alien (Sec. 31)
In addition to the penalties prescribed in the unlawful act
committed, any alien who violates such provisions of this
Act shall, after service of sentence, be deported
immediately without further proceedings, unless death is
the penalty.
Immunity from Prosecution and Punishment
Requisites: (Sec. 33)
1. The accused should be prosecuted for violation of Sec.
7, 11, 12, 14, 15, and 19 of the said Act;
2. Voluntarily gives information of any of these acts: Sec.
4, 5, 6, 8, 10, 13, and 16; violation of any other
provisions of the Act if committed by a drug syndicate
including any information leading to the whereabouts,
identities, and arrests of any/ all of the syndicate
members;
Drug Syndicate
Any organized group of two (2) or more persons
forming or joining together with the intention of
committing any offense prescribed under this Act.
3. He willingly testifies against any of the individuals; and
4. His information and testimony has complied with the
following:
a.
It is necessary for the conviction of the above
persons;
b.
It is not yet in the possession of the State;
c.
It can be substantially corroborated in his
material points;
d.
The witness has not been convicted of a crime

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involving moral turpitude except when there is no


other direct evidence available for his prosecution
other than the testimony of the witness;
e.
The witness shall strictly and faithfully comply
without delay with any conditions/ undertaking
lawfully imposed by the State;
f.
The witness does not appear to be the most
guilty; and
g.
There is no direct evidence available for the
State except for the testimony of the witness.
Grounds for termination of immunity (Sec. 34)
1. If the testimony is false, malicious, or made only to
harass, molest or prejudice the accused.
2. Failure or refusal to testify without just cause, when
lawfully obliged to do so.
3. Violating any condition for immunity.
Effect of termination of immunity: (Sec. 34)
The immunity shall cease and the witness shall be
prosecuted or cited for contempt.
Voluntary submission of a drug dependent to
confinement, treatment and rehabilitation (Sec. 54)
The drug dependent may, by himself/herself or through
his/her parent, spouse, guardian or relative within the 4th
degree of consanguinity or affinity, apply to the Board or
its duly recognized representative, for treatment and
rehabilitation of the drug dependency.
Upon such application, the Board shall bring forth the
matter to the Court which shall order that the applicant be
examined for drug dependency.
1. If positive:
a. The court shall issue an order for rehabilitation and
treatment to a center for not less than 6 months; or
b. May be placed in the care of DOH accredited
physician if there is no near or accessible center; OR
when the drug dependent is under 18 years old, and
first time offender, and non-confinement in a center
will not pose a serious danger to his/ her family or
community.
Confinement in a center shall not exceed 1 year, after
which time the Court, as well as the Board, shall be
apprised by the head of the treatment and
rehabilitation center of the status of said drug
dependent and determine whether further
confinement will be for the welfare of the drug
dependent and his/her family or community.
Exemption from the Criminal Liability under the
Voluntary Submission Program (Sec. 55):
Requisites:

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1. He/she has complied with the rules and regulations of
the center, the applicable rules and regulations of the
Board, including the after-care and follow-up program
for at least 18 months following temporary discharge
from confinement in the Center.
2. He/she has never been charged or convicted under this
Act.
3. He/she has no record of escape from a center.
4. He/she poses no serious danger to himself/herself,
his/her family or the community by his/her exemption
from criminal liability.
Compulsory confinement of a drug dependent who
refuses to apply under the voluntary submission
program (Sec. 61):
Notwithstanding any law, rule and regulation to the
contrary, any person determined and found to be
dependent on dangerous drugs shall, upon petition by the
Board or any of its authorized representative, be confined
for treatment and rehabilitation in any Center duly
designated or accredited for the purpose.
Such petition may be filed by any person authorized by
the Board with the RTC of the province or city where such
person is found.
Prescription of the offense charged against a drug
dependent under the Compulsory Submission
Program (Sec. 63)
It will not run during the time that the drug dependent is
under confinement in a Center or otherwise under the
treatment and rehabilitation program approved by the
Board.
Suspension of Sentence of a First-Time Minor
Offender (Sec. 66)
Accused: over 15 years old at the time of violation of Sec.
11 of this Act but not more than 18 years old at the time
when the judgment should have been promulgated after
having been found guilty of said offense. Suspension may
be given subject to the following conditions:
1. Has not been previously convicted of violating any
provision of CDDA of 2002, DDA of 1972, RPC, or any
special penal laws;
2. Has not been previously committed to a Center or to
the care of a DOH-accredited physician; and
3. Board favorably recommends it.
However, Sec. 38 of R.A. No. 9344( Juvenile Justice and
Welfare Act) provides for the AUTOMATIC SUSPENSION
of sentence of a child in conflict with the law, even if
he/she is already 18 years of age or more at the time

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he/she is found guilty of the offense charged. It reads:


Sec. 38. Automatic Suspension of Sentence. Once the
child who is under eighteen (18) years of age at the time
of the commission of the offense is found guilty of the
offense charged, the court shall determine and ascertain
any civil liability which may have resulted from the offense
committed. However, instead of pronouncing the judgment
of conviction, the court shall place the child in conflict with
the law under suspended sentence, without need of
application: Provided, however, That suspension of
sentence shall still be applied even if the juvenile is
already eighteen (18) of age or more at the time of the
pronouncement of his/her guilt.
Upon suspension of sentence and after considering the
various circumstances of the child, the court shall impose
the appropriate disposition measures as provided in the
Supreme Court on Juvenile in Conflict with the Law.
The above-quoted provision makes no distinction as to the
nature of the offense committed by the child in conflict
with the law, unlike P.D. No. 603 and A.M. No. 02-1-18SC. The said P.D. and Supreme Court (SC) Rule provide
that the benefit of suspended sentence would not apply to
a child in conflict with the law if, among others, he/she has
been convicted of an offense punishable by death,
reclusion perpetua or life imprisonment. In construing Sec.
38 of R.A. No. 9344, the Court is guided by the basic
principle of statutory construction that when the law does
not distinguish, we should not distinguish. Since R.A. No.
9344 does not distinguish between a minor who has been
convicted of a capital offense and another who has been
convicted of a lesser offense, the Court should also not
distinguish and should apply the automatic suspension of
sentence to a child in conflict with the law who has been
found guilty of a heinous crime (People of the Philippines
vs Richard O. Sarcia G.R. No. 169641 September 10,
2009).
Discharge After Compliance with Conditions of
Suspended Sentence of a First-Time Minor Offender
(Sec. 67)
If the first time minor offender under suspended sentence
complies with the rules and regulations of the Board, the
court, upon recommendation of the Board, shall discharge
the accused and dismiss all proceedings.
The minor shall not thereafter be held guilty of perjury or
of concealment or misrepresentation by reason of his/her
failure to acknowledge the case or recite any fact related
thereto in response to any inquiry made of him for any
purpose.

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Gambling Laws.
The privilege of suspended sentence shall be availed of
only ONCE by an accused drug dependent who is a firsttime offender over fifteen (15) years of age at the time of
the commission of the violation of Section 15 (Use of
Dangerous Drugs) but not more than eighteen (18) years
of age at the time when judgment should be promulgated
(Sec. 68).
Dangerous Drugs Board and Philippine Drug
Enforcement Agency (Article IX)
Dangerous Drugs Board
Shall be the policy-making and strategy-formulating body
in the planning and formulation of policies and programs
on drug prevention and control.
Philippine Drug Enforcement Agency (PDEA)
Shall serve as the implementing arm of the Board, and
shall be responsible for the efficient and effective law
enforcement of all the provisions on any dangerous drug
and/or controlled precursor and essential chemical as
provided in the Act.
Among the powers and duties of the PDEA is to prepare
for prosecution or cause the filing of appropriate criminal
and civil cases for violation of all laws on dangerous
drugs, controlled precursors and essential chemicals, and
other similar controlled substances, and assist, support
and coordinate with other government agencies for the
proper and effective prosecution of the same. (Sec. 84
[h])
The PDEA shall be the lead agency in the investigation of
any violation of RA No. 9165 (Sec. 86, last par.).
Limited Applicability of RPC to RA 9165
Notwithstanding any law, rule or regulation to the contrary,
the provisions of the RPC shall not apply to the provisions
of this Act, except in the case of minor offenders. Where
the offender is a minor, the penalty for acts punishable by
life imprisonment to death shall be reclusion perpetua to
death (Sec. 98).

TITLE SIX: CRIMES AGAINST


PUBLIC MORALS
CHAPTER ONE: GAMBLING AND
BETTING (ARTS. 195-199)

Arts. 195-199 and provisions of PD 483 and 449 are


repealed insofar as they are inconsistent with PD 1602,
which provides for stiffer penalties for violation of the

46

Gambling
Is any game or scheme, whether upon chance or skill,
wherein wagers consisting of money, articles of value or
representative of value are at stake or made.
1. Any person taking part, directly or indirectly in any
illegal or unauthorized activities or games of
cockfighting, jueteng, jai alai or horse racing to include
bookie operations and game fixing, numbers, bingo and
other forms of lotteries; cara y cruz, pompiang and the
like; 7-11 and any game using dice; black jack, lucky
nine, poker and its derivatives, monte, baccarat, cuajo,
pangguigue and other card games; pak que, high and
low, mahjong, domino and other games using plastic
tiles and the like; slot machines, roulette, pinball and
other mechanical contraptions and devices; dog racing,
boat racing, car racing and other forms of races;
basketball, boxing, volleyball, bowling, pingpong and
other forms of individual or team contests to include
game fixing, point shaving and other machinations;
banking or percentage game, or any other game or
scheme, whether upon chance or skill, wherein wagers
consisting of money, articles of value or representative
of value are at stake or made;
2. Any person knowingly permitting any form of gambling
previously enumerated to be carried on in an inhabited
or uninhabited place or in any building, vessel or other
means of transportation owned or controlled by him.
Elements:
a.That a gambling game was carried on in an
inhabited or uninhabited place or in any building,
vessel or other means of transportation;
b. That the place, building, vessel or other means of
transportation is owned or controlled by the offender;
and
c. That the offender permitted the carrying on of such
game, knowing that it is a gambling game.
3.
Any person knowingly
permitting any form of gambling to be carried on in a
place which has a reputation of a gambling place or
where prohibited gambling is frequently carried on
therein, or in a public or government building or
barangay hall;
4.
The maintainer or
conductor of the above gambling schemes.
Maintainer
It is the person who sets up and furnishes the means
with which to carry on the gambling game or scheme.
Conductor
It is the person who manages or carries on the
gambling game or scheme.

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5.

A government official
who is a maintainer, conductor or banker of the
gambling schemes, or the player, promoter, referee,
umpire, judge or coach in case of game fixing, point
shaving and other machinations.
6.
Any person who
knowingly and without lawful purpose in any hour of any
day, possesses any lottery list, paper or other matter
containing letters, figures, signs or symbols pertaining
to or in any manner used in the games of jueteng, jai
alai or horse racing bookies and similar games of
lotteries and numbers which have taken place or about
to take place.
7.
Any barangay official
who, with knowledge of the existence of the gambling
house or place in his jurisdiction fails to abate the same
or take action in connection therewith.
8.
Any security officer,
security guard, watchman, private or house detective of
hotels, villages, buildings, enclosures and the like which
have the reputation of a gambling place or where
gambling activities are being held.
Proof that the game took place or is about to take place
is not necessary.
A mere bystander or spectator in a gambling game is
not criminally liable, because he does not take part
therein, directly or indirectly. The law does not make the
mere presence in a gambling house an offense (U.S.
vs. Palma, G.R. No. 2188, May 5, 1905).
Lottery
It is a scheme for the distribution of prizes by chance
among persons who have paid, or agreed to pay, a
valuable consideration for the chance to obtain a prize
(U.S. v. Filart, G.R. No. L-10263, May 13, 1915).
Elements of lottery:
1. Consideration;
2. Chance;
3. Prize or some advantage or inequality in amount or
value which is in the nature of a prize.
There is no lottery when there is full value for money and
the prize is merely incidental (Reyes, p. 343).
ARTICLE 196
IMPORTATION SALE AND POSSESSION OF
LOTTERY TICKETS OR ADVERTISEMENTS
Acts punished relative to lottery tickets or
advertisements:
1. By importing into the Philippines from any foreign
place or port any lottery ticket or advertisement.

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2. By selling or distributing the same in connivance with


the importer.
3. By possessing, knowingly and with intent to use,
lottery tickets or advertisements.
4. By selling or distributing the same without connivance
with the importer.
The possession of any lottery ticket or advertisement is
prima facie evidence of an intent to sell, distribute or use
the same.
PRESIDENTIAL DECREE NO. 483
Penalizing Betting, Game-fixing or
Point-Shaving and Machinations in
Sport Contests
Note: This repealed Article 197 (Betting in Sports
Contests) of RPC.
Acts punished: Game-fixing, point-shaving, game
machination, in connection with the games of basketball,
volleyball, softball, baseball; chess, boxing bouts, jaialai, pelota and all other sports contests, games or
races; as well as betting therein except as may be
authorized by law (Sec. 2).
Definitions:
1. Betting betting money or any object or article of
value or representative of value upon the result of any
game, races and other sports contests.
2. Game-fixing any arrangement, combination,
scheme or agreement by which the result of any game,
races or sports contests shall be predicted and/or
known other than on the basis of the honest playing skill
or ability of the players or participants.
3. Point-shaving any such arrangement,
combination, scheme, or agreement by which the skill
or ability of any player or participant in a game, race or
sports contest to make points or scores shall be limited
deliberately in order to influence the result thereof in
favor of one or the other team, player or participant
therein.
4. Game machination any other fraudulent, deceitful,
unfair or dishonest means, method, manner or practice
employed for the purpose of influencing the result of
any game, race or sports contest (Sec 1).
Liability of offenders:
When the offender is an official, such as promoter,
referee, umpire, judge, or coach in the game, race, sports
contests, or the manager or sponsor of any participating
team, individual, or player therein, or participants or
players in such games, races, or other sports contests, he
shall, upon conviction, be punished by prision
correccional in its maximum period and a fine of 2,000

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pesos with subsidiary imprisonment in case of insolvency,
at the discretion of the court. This penalty shall also be
imposed when the offenders compose a syndicate of five
or more persons.
In case of any other offender, he shall, upon conviction, be
punished by prision correccional in its medium period and
a fine of 1,000 pesos with subsidiary imprisonment in case
of insolvency at the discretion of the court.
When the offender is an official or employee of any
government office or agency concerned with the
enforcement or administration of laws and regulations on
sports, the penalty provided for in the preceding
paragraph shall be imposed. In addition, he shall be
disqualified from holding any public office or employment
for life. If he is an alien, he may be deported (Section 3).
ARTICLE 198
ILLEGAL BETTING ON HORSE RACES
Acts punished in illegal betting on horse races:
1. By betting on horse races during the periods not
allowed by law.
2. By maintaining or employing a totalizer or other
device or scheme for betting on races or realizing profit
therefrom, during the periods not allowed by law.
Totalizer
It is a machine for registering and indicating the number
and nature of bets made on horse races.
Horse Races are allowed during:
1. Sundays not reserved
2. 24 Saturdays
3. Legal Holidays EXCEPT:
a. Independence Day
b. Rizal Day
c. Registration or Voting day
d. Holy Thursday
e. Good Friday

cockfights, by betting money or other valuable things at


a place other than a licensed cockpit.
4. Any person who, directly or indirectly, organizes
cockfights at which bets are made at a place other than
a licensed cockpit.
5. Owner, manager or lessee of the cockpit who shall
permit gambling of any kind on the premises of the
cockpit or place of cockfighting during cockfights.
Cockfighting is allowed during:
1. Sundays
2. Legal Holidays EXCEPT:
a. Rizal Day
b. Independence Day
c. National Heroes Day
d. Holy Thursday
e. Good Friday
f.
Election or Referendum Day
g.
During the Registration days for election or
referendum
3. During local fiestas for not more than 3 days
4. During provincial, city or municipal, agricultural,
commercial or industrial fair, carnival or exposition for a
similar period of three days.
CHAPTER TWO: OFFENSES AGAINST
DECENCY AND GOOD CUSTOMS
(ARTS. 200-202)

ARTICLE 200
GRAVE SCANDAL
Elements:
1. That the offender performs an act or acts;
2. That such act or acts be highly scandalous as
offending against decency or good customs;
3. That the highly scandalous conduct is not expressly
falling within any article of the RPC; and
4. That the act or acts complained of be committed in a
public place or within the public knowledge or view.
Decency
Means proprietary of conduct; proper observance of the
requirements of modesty, good taste, etc.

ARTICLE 199
ILLEGAL COCKFIGHTING
Modified by: PD 449
Under PD 449, the following may be held liable:
1. Any person who, directly or indirectly, participates in
cockfights, by betting money or other valuable things in
a day other than those permitted by law.
2. Any person who, directly or indirectly, organizes
cockfights at which bets are made in a day other than
those permitted by law.
3. Any person who, directly or indirectly, participates in

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Customs
Established usage, social conventions carried on by
tradition and enforced by social disapproval of any
violation thereof.
Grave scandal
Consists of acts which are offensive to decency and good
customs which, having been committed publicly, have
given rise to public scandal to persons who have
accidentally witnessed the same.

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The act punishable by Article 200 are those which by their
publicity and character can cause public scandal among
the person witnessing them, besides being contrary to
morals and good customs (People vs. Dumlao, C.A., 380
O.G.3715).
If the act or acts of the offender are punished under
another article of the RPC, Art. 200 is NOT applicable.
The acts must be performed in a public place or within
public knowledge or view.
Hence, distinction should be made as to the place where
the offensive act was committed, whether in the public
place or in a private place:
1. In public place, the criminal liability arises irrespective of
whether the immoral act is open to the public view. In
short public view is not required.
2. When act offensive to decency is done in a private
place, public view or public knowledge is required.
When the acts were performed in a private house and
seen by one person, the crime was not committed. This
circumstance does not constitute the degree of publicity
which is an essential element of the crime.
ARTICLE 201
IMMORAL DOCTRINES, OBSCENE
PUBLICATIONS AND EXHIBITIONS,
AND INDECENT SHOWS

violence, lust or pornography;


c. Offend any race or religion;
d. Tend to abet traffic in and use of prohibited drugs;
and
e. Are contrary to law, public order, morals, good
customs, established policies, lawful orders, decrees
and edicts.
3. Those who shall sell, give away or exhibit films,
prints, engravings, sculptures or literature which are
offensive to morals.
What is punished is the distribution of indecent
literature, etc., to many people and not merely the
isolated, casual or occasional act of giving such kind of
literature to a single recipient (People v. Tempongko, 1
C.A. Rep. 317).
The purpose of the law is to protect the morals of the
public
Publicity is essential.
Morals
Imply conformity with the generally accepted standards of
goodness or rightness in conduct or character,
sometimes, specifically, to sexual conduct.
Obscene
It means something offensive to chastity, decency or
delicacy (People v. Kottinger, G.R. No. L-20569, October
29, 1923).

Persons Liable:
1.
Those who shall publicly expound or proclaim
doctrines openly contrary to public morals.
2. The authors of obscene literature, published with
their knowledge in any form; the editors publishing such
literature; and the owners/operators of the
establishment selling the same.

The Test of Obscenity


The test is whether the tendency of the matter charged as
obscene, is to deprave or corrupt those whose minds are
open to such immoral influences, and into whose hands
such a publication may fall and also whether or not such
publication or act shocks the ordinary and common sense
of men as an indecency.

Mere possession of obscene materials is not


punishable.

Indecency
It is an act against the good behavior and a just delicacy.

The crime of illegal publication is also committed when


the real printers name is not divulged.
The author of obscene literature is liable only when it is
published with his knowledge.

Mere nudity in pictures or paintings is not an obscenity.


The proper test is whether the motive of the picture, as
indicated by it, is pure or impure; or whether it is naturally
calculated to excite impure imaginations (People vs.
Serrano, CA-G.R. No. 5566-R, November 24, 1950).

Those who, in theaters, fairs, cinematographs or any


other place, exhibit indecent or immoral plays, scenes,
acts or shows which are proscribed and shall include
those which:
a. Glorify criminals or condone crimes;
b. Serve no other purpose but to satisfy the market for

Mere possession of obscene materials, without intention


to sell, exhibit, or give them away, is not punishable under
Article 201, considering the purpose of the law is to
prohibit the dissemination of obscene materials to the
public (Fernando vs. Court of Appeals, G.R. No. 169751,
December 6, 2006).

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calling is necessary to convict one for loitering around
saloons, dram shops, and gambling houses (U.S. v.
Hart, 26 Phil. 149).
Disposition of prohibited articles:
The disposition of the literature, films, prints, engravings,
sculptures, paintings or other materials involved in the
violation shall be governed by the following rules:
1. Upon conviction of the offender to be forfeited in
favor of the government to be destroyed.
2. Where the criminal case against the violator results in
an acquittal to be forfeited in favor of the government
to be destroyed, after forfeiture proceedings conducted
by the chief constabulary.
3. The person aggrieved by the forfeiture action of the
Chief of Police may, within 15 days after his receipt of
the copy of the decision, appeal the matter to the
Secretary of the National Defense for review. The
decision of the Secretary of the National Defense shall
be final and unappealable (Sec. 2, P.D. 969).
Obscene publications and indecent shows under RA
7610
Any person who shall hire, employ, use, persuade, induce
or coerce a child to perform in obscene exhibition and
indecent shows, whether live or in video, pose, or model
in obscene publications or pornographic materials or to
sell or distribute the said materials shall suffer the penalty
of prision mayor in its medium period.
If the child used as a performer, subject or
seller/distributor is below twelve (12) years of age, the
penalty shall be imposed in its maximum period.
Any ascendant, guardian or person entrusted in any
capacity with care of a child who shall cause and/ or allow
such child to be employed or to participate in an obscene
play, scene, act, movie or show in any other acts covered
by this section shall suffer the penalty of prision mayor in
its medium period (Sec. 9).
ARTICLE 202
VAGRANTS AND PROSTITUTES
Note: Republic Act No. 10158 (2012) decriminalized
vagrancy.
Persons Liable:
1. Any person having no apparent means of
subsistence, who has the physical ability to work and
who neglects to apply himself to some lawful calling
(Mendicant).
2. Any person found loitering about public or semipublic
buildings or places or tramping or wandering about the
country or the streets without visible means of support.
The absence of visible means of support or a lawful

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3. Any idle or dissolute person who lodges in houses of


ill-fame; ruffians or pimps and those who habitually
associate with prostitutes (Vagrant).
4. Any person who, not being included in the provisions
of other articles of this Code, shall be found loitering in
any inhabited or uninhabited place belonging to another
without any lawful or justifiable purpose.
5. Prostitutes
Art. 202 is NOT applicable to minors
Persons below eighteen (18) years of age shall be exempt
from prosecution for the crimes of vagrancy and
prostitution under Art. 202 of the RPC, of mendicancy
under PD 1563, and sniffing of rugby under PD 1619,
such prosecution being inconsistent with the United
Nations Convention on the Rights of the Child: Provided,
That said persons shall undergo appropriate counseling
and treatment program. (Sec. 58, RA 9344 otherwise
known as the Juvenile Justice and Welfare Act of 2006).
Prostitutes
Women who, for money or profit habitually indulge in
sexual intercourse or lascivious conduct.
Dissolutes
Lax, unrestrained, immoral.
Ruffians
Violent or lawless individuals.
Pimp
One who provides gratification for the lust of others.
Persons Liable under PD 1563 or the Mendicancy
Law:
1. Mendicant himself
2. Any person who abets mendicancy by giving alms
directly to mendicants, exploited infants, and minors on
public roads, sidewalks, parks and bridges.
REPUBLIC ACT NO. 9208
THE ANTI-TRAFFICKING IN PERSONS ACT OF
2003
Trafficking in Persons
It is the recruitment, transportation, transfer or harboring,
or receipt of persons with or without the victims consent
or knowledge, within or across national borders by means
of threat or use of force, or other forms of coercion,
abduction, fraud, deception, abuse of power or of position,

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taking advantage of the vulnerability of the person or, the
giving or receiving of payments or benefits to achieve the
consent of a person having control over another person
for the purpose of exploitation which includes at a
minimum, the exploitation or the prostitution of others or
other forms of sexual exploitation, forced labor or
services, slavery, servitude or the removal or sale of
organs (Sec 3).
Acts of Trafficking in Persons
It shall be unlawful for any person, natural or juridical, to
commit any of the following acts:
1. To recruit, transport, transfer, harbor, provide, or
receive a person by any means, including those done
under the pretext of domestic or overseas employment
or training or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation, forced
labor, slavery;
2. To introduce or match for money, profit, or material,
economic or other consideration, any person or, as
provided for under R.A. No. 6955, any Filipino woman
to a foreign national, for marriage for the purpose of
acquiring, buying, offering, selling, or trading him/her to
engage in prostitution, pornography;
3. To offer or contract marriage, real or simulated, for the
purpose of acquiring, buying, offering, selling, or trading
them to engage in prostitution, pornography, sexual
exploitation, forced labor or slavery, involuntary
servitude or debt bondage;
4. To undertake or organize tours and travel plans
consisting of tourism packages or activities for the
purpose of utilizing and offering persons for prostitution,
pornography or sexual;
5. To maintain or hire a person to engage in prostitution
or pornography;
6. To adopt or facilitate the adoption of persons, for the
purpose of prostitution, pornography, sexual
exploitation, forced-labor, slavery, involuntary servitude
or debt-bondage;
7. To recruit, hire, adopt, transport or abduct a person, by
means of threat or use of force, fraud, deceit, violence,
coercion, or intimidation for the purpose of removal or
sale of organs of said person;
8. To recruit, transport or adopt a child to engage in
armed activities in the Philippines or abroad (Sec. 4).

TITLE SEVEN: CRIMES COMMITTED


BY PUBLIC OFFICERS

1.

Taking part in the performance of public functions in


the government, or performing in said Government or in
any of its branches public duties as an employee, agent
or subordinate official, of any rank or class; and
2. That his authority to take part in the performance of
public functions or to perform public duties must be
a. By direct provision of the law; or
b. By popular election; or
c. By appointment by competent authority.
The term public officers embraces every public servant
from the highest to the lowest. For the purposes of the
RPC, it obliterates the standard distinction in the law of
public officers between officer and employee.
Temporary performance of public functions by a laborer
makes him a public officer.
CHAPTER TWO: MALFEASANCE AND
MISFEASANCE IN OFFICE
(ARTS. 204-212)

SECTION ONE: DERELICTION OF DUTY


Misfeasance
Improper performance of some act which might lawfully be
done.
Malfeasance
The performance of some act which ought not to be done.
Nonfeasance
Omission of some act which ought to be performed.
ARTICLE 204
KNOWINGLY RENDERING
UNJUST JUDGMENT
Elements:
1. That the offender is a judge;
2. That he renders a judgment in a case submitted to
him for decision;
3. That the judgment is unjust; and
4. That the judge knows that his judgment is unjust.
Judgment
It is the final consideration and determination of a court of
competent jurisdiction upon the matters submitted to it, in
an action or proceeding.
Unjust judgment
It is one which is contrary to law, or is not supported by
evidence, or both.

ARTICLE 203
WHO ARE PUBLIC OFFICERS

An unjust judgment is rendered knowingly when it is made


deliberately and maliciously.

Requisites:
To be a public officer one must be

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Knowingly means consciously, intelligently, willfully, or
intentionally (Blacks Law Dictionary, 5th ed., 784).
Sources of unjust judgment:
1.
Error;
2.
Ill-will or revenge; or
3.
Bribery.

Interlocutory order
It is an order which is issued by the court between the
commencement and the end of a suit or action and which
decides some point or matter, but which, however, is not a
final decision of the matter in issue.
Test: Does it leave something to be done in the trial court
with respect to the merits of the case? If it does, it is
interlocutory; if it does not, it is final.

There is no liability at all for a mere error in good faith.


There must be evidence that the judgment is unjust for it
cannot be presumed and the judge knew that the
judgment is unjust. The Supreme Court must have
declared the judgment as unjust in a certiorari, prohibition,
or administrative proceeding.
Art. 204 has no application to members of a collegiate
court who reach their conclusions in consultation and
accordingly render their collective judgment after due
deliberation (In Re: Laureta, G.R. No. 68635, May 14,
1987).
ARTICLE 205
JUDGMENT RENDERED THROUGH NEGLIGENCE
Elements:
1. That the offender is a judge;
2. That he renders a judgment in a case submitted to
him for decision;
3. That the judgment is manifestly unjust; and
4. That it is due to his inexcusable negligence or
ignorance.
Manifestly Unjust Judgment
It is so manifestly contrary to law, that even a person
having a meager knowledge of the law cannot doubt the
injustice. Therefore, there is no need for a declaration by
the Supreme Court that the same is unjust in order to
result in conviction (Albert).
Abuse of discretion or mere error of judgment is NOT
punishable.
ARTICLE 206
UNJUST INTERLOCUTORY ORDER
Elements:
1. That the offender is a judge;
2. That he performs any of the following acts:
a. Knowingly renders unjust interlocutory order or
decree; or
b. Renders a manifestly unjust interlocutory order or
decree through inexcusable negligence or ignorance.

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Example: An order granting preliminary injunction or an


order appointing a receiver is an interlocutory order.
ARTICLE 207
MALICIOUS DELAY IN THE ADMINISTRATION OF
JUSTICE
Elements:
1. That the offender is a judge;
2. That there is a proceeding in his court;
3. That he delays the administration of justice; and
4. That the delay is malicious, that is, the delay is caused
by the judge with deliberate intent to inflict damage on
either party in the case.
Mere delay without malice is NOT a felony under this
article.
If the delay is NOT malicious, but committed through
gross negligence, the crime committed is that under RA
3019, Sec. 3(e).
ARTICLE 208
PROSECUTION OF OFFENSES; NEGLIGENCE AND
TOLERANCE
Acts punished:
1. By maliciously refraining from instituting prosecution
against violators of the law.
2. By maliciously tolerating the commission of a crime.
Elements:
1. That the offender is a public officer or officer of the law
who has a duty to cause the prosecution of, or to
prosecute offenses;
2. That knowing the commission of the crime, he does not
cause the prosecution of the criminal or knowing that a
crime is about to be committed he tolerates its
commission; and
3. That the offender acts with malice and deliberate intent
to favor the violator of the law.
Negligence means neglect of the duties of his office by
maliciously failing to move the prosecution and
punishment of the delinquent.

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Malice is an important element in this Article. Maliciously
signifies deliberate intent.

If the client consents to the attorneys taking the


defense of the other party, there is no crime.

The guilt of the offender is a prejudicial question to the


liability of the officer charged under this provision.

Procurador judicial
A person who had some practical knowledge of law and
procedure, but not a lawyer, and was permitted to
represent a party in a case before an inferior court.

Who Can Be Offenders in Art. 208?


1. Public officer
Officers of the prosecution department, whose duty is to
institute criminal proceedings for felonies upon being
informed of their perpetration.
2. Officer of the law
Includes all those who, by reason of the position held by
them, are duty-bound to cause prosecution and
punishment of offenders.
The fiscal or the city attorney, as prosecuting officer, is
under no compulsion to file the corresponding information
based upon as complaint, where he is not convinced that
the evidence gathered or presented would warrant the
filing of an action in court.
Liability of public officer who, having the duty of
prosecuting the offender, harbored, concealed, or assisted
in the escape of the latter, is that of the principal in the
crime of dereliction of duty in the prosecution of offense.
Note: Any person who solicits, accepts, or agrees to
accept any benefit in consideration of abstaining from,
discounting, or impeding the prosecution of a criminal
offender is liable under PD 1829.
ARTICLE 209
BETRAYAL OF TRUST BY AN
ATTORNEY OR SOLICITOR
REVELATION OF SECRETS

SECTION TWO: BRIBERY


ARTICLE 210
DIRECT BRIBERY
Acts Punished:
1. By agreeing to perform, or by performing in
consideration of any offer, promise, gift or present, an
act constituting a crime, in connection with the
performance of his official duties.
The acceptance of the offer or promise is enough to
consummate the crime. Absent such acceptance, only
the person making the offer or promise is liable for
Attempted Corruption of a Public Officer.
2. By accepting a gift in consideration of the execution of
an act which does not constitute a crime, in connection
with the performance of his official duty.
The gift must be accepted by the public officer. It may
be received by the public officer himself or through a
third person.
If the offer is not accepted by the public officer, only the
person offering the gift or present is criminally liable for
attempted corruption of public officer under Article 212
in relation to Article 6. The public officer is not liable.
The act must be unjust.

Acts punished:
1. Causing damage to his client, either:
a. By any malicious breach of professional duty; or
b. Inexcusable negligence or ignorance.

3. By agreeing to refrain, or by refraining, from doing


something which it is his official duty to do, in
consideration of a gift or promise.

If no damage is caused, attorney may be held


administratively or civilly liable.
2. Revealing any of the secrets of his client learned by him
in his professional capacity.
Damage is NOT necessary.
3. Undertaking the defense of the opposing party in the
same case without the consent of his first client after
having undertaken the defense of said first client or
after having received confidential information from said
client.

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The third form of direct bribery differs from


prevaricacion (Art. 208) in that in bribery, the offender
refrained from doing his official duty in consideration of
a gift received or promised. This element is not
necessary in the crime of prevaricacion.
Elements of direct bribery:
1. That the offender be a public officer;
2. That the offender accepts an offer or a promise or
receives a gift or present by himself or through another;
3. That such offer or promise be accepted, or gift or
present received by the public officer

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a. With a view to committing some crime; or
b. In consideration of the execution of an act which
does not constitute a crime, but the act must be
unjust; or
c. To refrain from doing something which it is his official
duty to do;
4. That the act which the offender agrees to perform or
which he executes be connected with the performance
of his official duties.
The provisions of Art. 210 are made applicable to
assessors,
arbitrators,
appraisal
and
claim
commissioners, experts or any other persons performing
public duties (Art. 210, last par.).
The act which the public officer agrees to perform must be
connected with the performance of official duties.
For the purpose of punishing bribery, the temporary
performance of public functions is sufficient to constitute a
person a public officer.
The thing offered or accepted may be money, property,
services or anything else of value. It must have a value or
be capable of pecuniary estimation (Reyes, p. 387).
ARTICLE 211
INDIRECT BRIBERY
Elements:
1. That the offender is a public officer;
2. That he accepts gifts; and
3. That the said gifts are offered to him by reason of his
office.
Direct Bribery

Indirect Bribery

As to consideration
In both crimes the public officer receives gift.
No such agreement
exists.

It is considered indirect bribery even if there was a sort of


an agreement between public officer and giver of gift.
Receiving of gifts by public officials and employees, and
giving of gifts by private persons, on any occasion,
including Christmas is punishable.
Note: PD 46 punishes:
1. Any public official or employee who receives, directly or
indirectly; and
2. Any private person who gives, or offers to give:
Any gift, present or other valuable thing to any
occasion, when such gift, present or other valuable
thing is given by reason of the formers official position,
whether the same is for past favors or the giver hopes
or expects to receive a favor or better treatment in the
future from the public official or employee concerned in
the discharge of his official functions.
Included within the prohibition is the throwing of parties or
entertainments in honor of the official or employees or his
immediate relatives.
ARTICLE 211-A
QUALIFIED BRIBERY

Note: If the crime committed is punishable by a penalty


less than reclusion perpetua, the public officer is liable
under Article 208 and direct bribery.

As to necessity of the performance of the act


The offender agrees to
perform or performs an
act or refrains from
doing
something,
because of the gift or
promise.

There is no attempted or frustrated indirect bribery


because it is committed by accepting gifts offered to the
public officer by reason of his office. If he does not accept
the gifts, he does not commit the crime. If he accepts the
gifts, it is consummated.

Elements:
1. That the offender is a public officer entrusted with law
enforcement;
2. That the offender refrains from arresting or
prosecuting an offender who has committed a crime
punishable by reclusion perpetua and/or death; and

As to existence of agreement
There is an agreement
between the public
officer and the giver of
gift or present.

reason of his office.

It is not necessary that


the officer should do
any particular act or
even promise to do an
act, as it is enough
that he accepts gifts
offered to him by

3. That the offender refrains from arresting or


prosecuting the offender in consideration of any
promise, gift or present.

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The guilt of the offender is a prejudicial question to the
liability of the officer charged under this provision.
ARTICLE 212
CORRUPTION OF PUBLIC OFFICIALS
Elements:
1. That the offender makes offers or promises or gives
gifts or presents to a public officer; and
2. That the offers or promises are made or the gifts or
presents given to a public officer, under circumstances
that will make the public officer liable for direct bribery
or indirect bribery.
This article is concerned with the liability of the person
who shall have made the offers or promises or given the
gifts to the public officer.
The crime is attempted if the offer, promise, gift or present
was refused and consummated if accepted.
PD 749 grants immunity from prosecution to givers of
bribes and other gifts and to their accomplices if they
willingly testify against public officers or employees in
bribery and other graft cases. For the immunity to be
enjoyed, the following conditions must concur:
a.
The information must refer to
consummated violations of Arts. 210, 211, 212 of the
RPC; R.A. 3019, as amended; Sec. 345 of the Internal
Revenue Code and Sec. 3604 of the Tariff and Customs
Code and other provisions of said Codes penalizing
abuse or dishonesty on the part of the public officials
concerned; and other laws, rules and regulations
punishing acts of graft, corruption and other forms of
official abuse;
b.
The information and testimony are
necessary for the conviction of the accused public
officer;
c.
Such information and testimony are not
yet in the possession of the State;
d.
Such information and testimony can be
corroborated on its material points; and
e.
The informant or witness has not been
previously convicted of a crime involving moral turpitude
(Sec. 1).
The immunity shall not attach if the information turned out
to be false and malicious or made only for the purpose of
harassing, molesting or in any way prejudicing the public
officer denounce (Sec. 2).

GRANTING IMMUNITY FROM PROSECUTION TO


GIVERS OF BRIBES AND OTHER GIFTS AND TO
THEIR ACCOMPLICES IN BRIBERY AND OTHER
GRAFT CASES AGAINST PUBLIC OFFICERS
Persons Granted Immunity
Any person who voluntarily gives information and willingly
testifies against public official or employee for any
violation of :
1. Articles 210, 211 and 212 of RPC;
2. R.A. No. 3019, as amended;
3. Section 345 of the Internal Revenue Code and other
provisions of the said Codes penalizing abuse or
dishonesty on the part of the public officials concerned;
4. Other laws, rules and regulations punishing acts of
grafts, corruption, and other forms of official abuse (Sec
1).
This immunity may be enjoyed by such informant or
witness notwithstanding that he offered or gave the bribe
or gift to the public official or is an accomplice for such gift
or bribe-giving. Provided, the following conditions concur:
1. The information must refer to consummated violations
of any of the above-mentioned provisions of law, rules
and regulations;
2. The information and testimony are necessary for the
conviction of the accused public officer;
3. Such information and testimony are not yet in the
possession of the State;
4. Such information and testimony can be corroborated on
its material points; and
5. The informant or witness has not been previously
convicted of a crime involving moral turpitude (Sec1).
REPUBLIC ACT NO. 3019
As amended by
RA 3047, PD 77, & BP 195
Anti-Graft and Corrupt Practices Act
Section 2. Definition of Terms
Government
The national government, the local government, the
GOCCs and all other instrumentalities or agencies of the
government.
Public officer
Includes elective and appointive officials and employees,
permanent or temporary, whether in the classified or
unclassified or exempt service receiving compensation,
even nominal from the government.

Receiving any gift


PRESIDENTIAL DECREE NO. 749

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Includes the act of accepting directly or indirectly a gift
from a person other than a member of the public officer's
immediate family, in behalf of himself or of any member of
his family or relative within the fourth civil degree, either
by consanguinity or affinity, even on the occasion of a
family celebration or national festivity like Christmas, if the
value of the gift is under the circumstances manifestly
excessive.
In the case of Pecho vs. Sandiganbayan, G.R. No.
111399, November 14, 1994, the SC held that violation of
Section 3(e) thereof is punishable only in its
consummated stage. In said case, the SC said that in
case of special laws such as RA 3019, the application of
Article 6 in relation to Article 10 of the Revised Penal
Code will depend on how such laws define the offenses
therein.
Section 3. Corrupt Practices of Public Officials:
The corrupt practices herein enumerated are in addition to
acts or omissions of public officers already penalized by
existing law.
1. Persuading, inducing or influencing another public
officer to perform an act constituting a violation of rules
and regulations duly promulgated by competent
authority or an offense in connection with the official
duties of the latter, or allowing himself to be persuaded,
induced, or influenced to commit such violation or
offense.
Persons Liable:
a.
Public officer who persuades, induces,
or influences another public officer.
b.
Public officer who is persuaded,
induced or influenced.
Requesting or receiving any gift, present, or benefit is
not required in this provision (Reyes, p.399).
2. Directly or indirectly requesting or receiving any gift,
present, share, percentage, or benefit, for himself or for
any other person, in connection with any contract or
transaction between the government and any other
party, wherein the public officer in his official capacity
has to intervene under the law.
The lack of demand is immaterial. After all, Sec. 3(b)
of RA 3019 uses the word or between requesting and
receiving.
There must be a clear intention on the part of the public
officer to take the gift so offered and consider it as his or
her own property from then on. Mere physical receipt
unaccompanied by any other sign, circumstance or act
to show acceptance is not sufficient to lead the court to

56

conclude that the crime has been committed (Peligrino


v. People, G.R. No. 136266, August 31, 2001).
This section refers to a public officer whose official
intervention is required by law in a contract or
transaction (Jaravata v. Sandiganbayan, G.R. No. L56170, January 31, 1984).
A transaction, like a contract, is one which involves
some consideration as in credit transactions (Soriano v.
Sandiganbayan, G.R. No. L-65952, July 31, 1984).
3. Directly or indirectly requesting or receiving any gift,
present or other pecuniary or material benefit, for
himself or for another, from any person for whom the
public officer, in any manner or capacity has secured or
obtained, or will secure or obtain, any government
permit or license, in consideration for the help given or
to be given, without prejudice to Sec. 13 of this Act.
4. Accepting or having any member of his family accept
employment in a private enterprise which has pending
official business with him during the pendency thereof
or within 1 year after its termination.
5. Causing any undue injury to any party, including the
government, or giving any private party any
unwarranted benefits, advantage or preference in the
discharge of his official, administrative or judicial
functions through manifest partiality, evident bad faith or
gross inexcusable negligence. This provision shall apply
to officers and employees of offices or Government
corporations charged with the grant of licenses or
permits or other concessions.
To be held liable under said section, the act of the
accused which caused undue injury must have been
done with manifest partiality, evident bad faith or gross
inexcusable negligence.
The undue injury must be specified, quantified and
proven to the point of moral certainty (Llorente vs.
Sandiganbayan, G.R. No. 122166, March 11, 1998).
If the act was committed with malice, the crime
committed may be that under Art. 207 (malicious delay
in the administration of justice) of the RPC.
Gross negligence
Negligence characterized by the want of even slight
care, acting or omitting to act in a situation where there
is a duty to act, not inadvertently but willfully and
intentionally with a conscious indifference to
consequences in so far as other persons may be
affected. It is the omission of that care which even
inattentive and thoughtless men never fail to take on
their property (Alejandro v. People, G.R. No. 81031,

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February 20, 1989). In case of public officials, there is
gross negligence when a breach of duty is flagrant and
palpable (Quibal v. Sandiganbayan, G. R. No. 109991,
May 22, 1995).
The last sentence of this paragraph is intended to make
clear the inclusion of officers and employees of offices
or government corporations which, under the ordinary
concept of public officer may not come within the term.
It is a strained construction of the provision to read it as
applying exclusively to public officers charged with the
duty of granting license or permits or other concessions
(Mejorada v. Sandiganbayan, G.R. No. L-51065-72
June 30, 1987).
6. Neglecting or refusing, after due demand or request,
without sufficient justification, to act within reasonable
time on any matter pending before him for the purpose
of obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or material
benefit or advantage, or for the purpose of favoring his
own interest or giving undue advantage in favor of or
discriminating against any other interested party.
7. Entering on behalf of the Government, into any contract
or transaction manifestly and grossly disadvantageous
to the same, whether or not the public officer profited or
will profit thereby.
It is not necessary that the public officer profited or will
profit from the contract or transaction. It is the
commission of the act as defined by law and not the
character thereof that determines whether the
provision has been violated (Marcos v.
Sandiganbayan, G.R. No. 126995, October 6, 1998).
8. Directly Directly or indirectly having financial or
pecuniary interest in any business, contract or
transaction in connection with which he intervenes or
takes part in his official capacity, or in which he is
prohibited by the Constitution or by law from having
any interest.
What is contemplated in this section is the actual
intervention in the transaction in which one has
financial or pecuniary interest in order that liability may
attach (Trieste v. Sandiganbayan, G.R. Nos. L-7033243, November 13, 1986).
9. or indirectly becoming interested, for personal gain, or
having material interest in any transaction or act
requiring the approval of a board, panel or group of
which he is a member; and which exercises discretion
in such approval, even if he votes against the same or
does not participate in the action of the board,
committee, panel or group.

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Interest for personal gain shall be presumed against


those public officers responsible for the approval of
manifestly unlawful, inequitable, or irregular
transactions or acts by the board, panel or group to
which they belong.
10. Knowingly approving or granting any license, permit,
privilege or benefit in favor of any person not qualified
for or not legally entitled to such license, permit,
privilege or advantage, or of a mere representative or
dummy of one who is not qualified or entitled.
Requesting or receiving any gift, present or benefit is
not required in this provision.
11. Divulging valuable information of a confidential
character, acquired by his office or by him on account
of his official position to unauthorized persons, or
releasing such information in advance of its
authorized release date.
If damage was caused, Article 229 (revelation of
secrets by an officer) under the RPC is committed.
Section 4. Prohibition on Private Individuals
1. Taking advantage of family or close personal relation
with public official who has to intervene in some
business, transaction, application, request or contract of
the government with any other person, by directly or
indirectly requesting or receiving any present, gift, or
material or pecuniary advantage from such public
official.
Family relation
Includes the spouse or relatives by consanguinity or
affinity in the third civil degree.
Close personal relation
Includes close personal friendship, social and fraternal
connections, and professional employment all giving
rise to intimacy which assures free access to such
public officer.
2. Knowingly inducing or causing any public official to
commit any of the offenses defined in Section 3.
Section 5. Prohibition on certain relatives
The spouse or any relative, by consanguinity or affinity,
within the 3RD CIVIL DEGREE, of the President, the VicePresident, Senate President, or the Speaker of the House
of Representatives is prohibited to intervene directly or
indirectly, in any business, transaction, contract or
application with the government.

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Exceptions to the provisions:
a.
Any person who, prior to the assumption of office
of any of those officials to whom he is related, has been
already dealing with the government along the same
line of business, nor to any transaction, contract or
application already existing or pending at the time of
such assumption of public office.
b.
Any application filed by him, the approval of
which is not discretionary on the part of the official or
officials concerned but depends upon compliance with
the requisites provided by law, or rules or regulations
issued pursuant to law.
c.
Any act lawfully performed in an official capacity
or in the exercise of a profession.
Section 6. Prohibition on Members of Congress
Members of Congress during their term are prohibited to
acquire or receive any personal pecuniary interest in any
specific business enterprise which will be directly and
particularly favored or benefited by any law or resolution
authored by them.
The prohibition shall also apply to any public officer who
recommended the initiation in Congress of the enactment
or adoption of any law or resolution and acquires or
receives any such interest during his incumbency.
The member of Congress or other public officer, who,
having such interest prior to the approval of a law or
resolution authored or recommended by him, continues
for thirty days after such approval to retain his interest
also violates this section.
Section 8. Prima facie evidence of and dismissal due
to unexplained wealth
A public official who has been found to have acquired
during his incumbency, whether in his name or the name
of other persons, an amount of property and/or money
manifestly out of proportion to his salary and to his other
lawful income.
Ground for forfeiture of unexplained wealth.
Section 11. Prescription of offenses
15 years prescriptive period of all offenses under the
Act.
Section 12. Termination of office
No public officer is allowed to resign or retire:
1. Pending investigation, criminal or administrative or
2. Pending a prosecution against him
3. For any offense under the Act or under the provisions
of the RPC on Bribery.

Any public officer against whom any criminal prosecution


under a valid information under RA 3019 or the provisions
of RPC on bribery is pending in court, shall be suspended
from office. If convicted by final judgment, he shall lose all
retirement or gratuity benefits, but if acquitted, he shall be
entitled to reinstatement and salaries and benefits he
failed to receive.
It is mandatory for the Court to place under preventive
suspension a public officer accused before it. Imposition
of suspension, however, is not automatic or self-operative.
A pre-condition is the existence of a valid information,
determined at a pre-suspension hearing. Once a proper
determination of the validity of the information has been
made, it becomes the ministerial duty of the Court to issue
the order of preventive suspension. (Segovia v.
Sandiganbayan, G.R. No. 124067, March 27, 1998)
Section 14. Exception
Unsolicited gifts or presents of small or insignificant value
offered or given as a mere ordinary token of gratitude of
friendship according to local custom or usage.
REPUBLIC ACT NO. 7080
ANTI-PLUNDER ACT
Means or schemes to acquire ill-gotten wealth: (Sec.1
[d])
1. Through misappropriation, conversion, misuse or
malversation of public funds or raids on the public
treasury;
2. By receiving directly or indirectly, any commission, gift,
share, percentage, kickbacks or any other form of
pecuniary benefit from any person and/or entity in
connection with any government contract/project or by
reason of his office/position;
3. By the illegal or fraudulent conveyance or disposition of
assets belonging to the government;
4. By obtaining, receiving or accepting, directly or
indirectly, any shares of stock, equity or any other form
of interest or participation including the promise of
future employment in any business enterprise or
undertaking;
5. By establishing agricultural, industrial or commercial
monopolies or other combinations and/or implementing
decrees and orders intended to benefit particular
persons or special interests;
6. By taking undue advantage of official position, authority,
relationship, connection or influence to unjustly enrich
himself or themselves at the expense and to the
damage and prejudice of the Filipino people and the
Republic of the Philippines.
These should be committed by a combination or through a
series of acts. There should be at least two acts otherwise

Section 13. Suspension and loss of benefits

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the accused should be charged with the particular crime
committed and not with plunder. A COMBINATION means
at least two acts of a different category while a SERIES
means at least two acts of the same category (Estrada vs.
Sandiganbayan, G.R. No. 148560, November 21, 2001).
Section 2. Definition of the Crime of Plunder;
Penalties
Plunder
A crime committed by any public officer, by himself or in
connivance with his family, relatives by affinity or
consanguinity, business associates, subordinates or other
persons, by amassing, accumulating or acquiring ill-gotten
wealth in the aggregate amount or total value of at least
50 million pesos.
Penalty: Reclusion Perpetua to Death
Mitigating and extenuating circumstances shall be
considered by the courts in the imposition of penalty.
Section 4. Rule of Evidence
It is NOT necessary to prove each and every criminal act
done. A pattern of overt or criminal acts indicative of the
over-all unlawful scheme or conspiracy shall be sufficient.
PATTERN consists of at least a combination or series of
overt or criminal acts enumerated in subsections (1) to (6)
of Sec. 1(d) (Estrada vs. Sandiganbayan, G.R. No.
148560, November 21, 2001).
Section 6. Prescription of Crimes
The crime punishable under this Act shall prescribe in 20
years. However, the right of the State to recover
properties unlawfully acquired by public officers from them
or from their nominees or transferees shall not be barred
by prescription or laches or estoppel.
Plunder is a crime malum in se because the constitutive
crimes are mala in se. The elements of mens rea must be
proven in a prosecution for plunder (Estrada vs.
Sandiganbayan, G.R. No. 148560, November 21, 2001).

CHAPTER THREE: FRAUDS AND


ILLEGAL EXACTIONS AND
TRANSACTIONS
(ARTS. 213-216)

ARTICLE 213
FRAUDS AGAINST THE TREASURY AND SIMILAR OF
OFFENSES

59

Acts Punished:
1. By entering into an agreement with any interested party
or speculator or making use of any other scheme, to
defraud the Government, in dealing with any person
with regard to furnishing supplies, the making of
contracts, or the adjustment or settlement of accounts
relating to public property or funds.
2. By demanding, directly or indirectly, the payment of
sums different from or larger than those authorized by
law, in the collection of taxes, licenses, fees, and other
imposts.
3. By failing voluntarily to issue a receipt, as provided by
law, for any sum of money collected by him officially, in
the collection of taxes, licenses, fees and other imposts.
4. By collecting or receiving, directly or indirectly, by way
of payment or otherwise, things or objects of a nature
different from that provided by law, in the collection of
taxes, licenses, fees and other imposts.
Elements of frauds against public treasury (Par. 1):
1. That the offender be a public officer;
2. That he should have taken advantage of his office,
that is, he intervened in the transaction in his official
capacity;
3. That he entered into an agreement with any
interested party or speculator or made use of any other
scheme with regard to
a. Furnishing supplies
b. The making of contracts, or
c. The adjustment or settlement of accounts relating to
public property or funds
4. That the accused had intent to defraud the
Government.
The offender must have the duty as public officer to
deal with any person with regard to furnishing supplies,
making of contracts, or the adjustment or settlement of
accounts relating to public property or funds.
This crime is consummated by merely entering into an
agreement with any interested party or speculator or by
merely making use of a scheme to defraud the
government. It is not necessary that the government is
actually defrauded by reason of the transaction. It is
sufficient that the public officer who acted in his official
capacity had the intent to defraud the Government.
Elements of illegal exactions (Pars. 2-4):
1. The offender is a public officer entrusted with the
collection of taxes, licenses, fees and other imposts;
and
2. He is guilty of any of the following acts or omissions:
a. Demanding, directly or indirectly, the payment of
sums different from or larger than those authorized by
law; or
b. Failing voluntarily to issue a receipt, as provided by

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law, for any sum of money collected by him officially;
or
c. Collecting or receiving, directly or indirectly, by way of
payment or otherwise, things or objects of a nature
different from that provided by law.
Mere demand for larger or different amount is sufficient to
consummate a crime.
When there is deceit in demanding a greater fee than that
prescribed by law, the crime committed is estafa and not
illegal exaction.
A tax collector who collected a sum larger than that
authorized by law and spent the same is guilty of illegal
exaction and malversation.
Officers or employees of the Bureau of Internal Revenue
or Bureau of Customs are not covered by this article. The
National Internal Revenue Code or the Administrative
Code applies.
ARTICLE 214
OTHER FRAUDS
Elements:
1. That the offender is a public officer;
2. That he takes advantage of his official position; and
3. That he commits any of the frauds or deceits
enumerated in Arts. 315 to 318 (estafa, other forms of
swindling, swindling a minor, and other deceits).
The penalty (special disqualification) under this article is in
addition to the penalties prescribed in the Articles violated.
Not a crime but considered as a special aggravating
circumstance.

etc., hoping to take advantage of an expected rise and fall


in price.
Purchasing of stocks or shares in a company is simply an
investment and is not a violation of the article. But buying
regularly securities for resale is speculation.
ARTICLE 216
POSSESSION OF PROHIBITED INTEREST BY A
PUBLIC OFFICER
Persons liable:
1. Public officer who, directly or indirectly, became
interested in any contract or business in which it was his
official duty to intervene.
2. Experts, arbitrators, and private accountants who, in
like manner, took part in any contract or transaction
connected with the estate or property in the appraisal,
distribution or adjudication of which they had acted.
3. Guardians and executors with respect to the property
belonging to their wards or the estate.
Actual fraud is NOT necessary, the act is punished
because of the possibility that fraud may be committed or
that the officer or private person (such as an expert,
arbitrator, private accountant, guardian and executor) may
place his own interest above that of the government or
party which he represents.
Intervention must be by virtue of public office held. The
official who intervenes in contracts which have no
connection with his office cannot commit the crime defined
under this Article.
CHAPTER FOUR: MALVERSATION OF
PUBLIC FUNDS OR PROPERTY
(ARTS. 217-222)

ARTICLE 217
MALVERSATION OF PUBLIC FUNDS OR PROPERTY
PRESUMPTION OF MALVERSATION

ARTICLE 215
PROHIBITED TRANSACTIONS
Elements:
1. That the offender is an appointive public officer;
Examples: justices, judges or fiscals, employees
engaged in the collection and administration of public
funds
2. That he becomes interested, directly or indirectly, in
any transaction of exchange or speculation;
3. That the transaction takes place within the territory
subject to his jurisdiction; and
4. That he becomes interested in the transaction during
his incumbency.
The transaction must be one of exchange or speculation,
such as buying and selling stocks, commodities, land,

60

Malversation is also called embezzlement (Reyes, The


Revised Penal Code Book II, 17th ed., 2008 p. 425).
Acts punished:
1. By appropriating public funds or property.
To appropriate public funds or property includes every
attempt to dispose of the same without right.
2. By taking or misappropriating the same.
3. By consenting, or through abandonment or negligence,
permitting any other person to take such public funds or
property.
4. By being otherwise guilty of the misappropriation or
malversation of such funds or property.

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Common elements:
1. That the offender be a public officer.
2. That he had custody or control of funds or property by
reason of the duties of his office.
3. That those funds or property were public funds or
property for which he was accountable.
4. That he appropriated, took, misappropriated or
consented, or through abandonment or negligence,
permitted another person to take them.
Custody
Means guarding or keeping safe; care.
Accountable Officer
A public officer who, in the discharge of his office, receives
money or property of the government which he is bound to
later account for. It is the nature of the duties of, not the
nomenclature used for, or the relative significance of the
title to, the position which controls in the determination
(Tanggote v. Sandiganbayan, G.R. No. 103584,
September 2, 1994).
Funds or property must be received in official capacity.
Hence, if the public officer had no authority to receive the
money and he misappropriated the same, the crime is
estafa, not malversation.
The penalty for malversation is the same whether
committed with malice or through negligence or
imprudence.
Nature of the duties of the public officer, not the name of
the office, is controlling.
Malversation may be committed by private individuals
in the following cases:
1. Those in conspiracy with public officers guilty of
malversation.
2. Those who are accessory or accomplice to a public
officer.
The provisions of Article 217 shall apply to (1) private
individuals who, in any capacity whatsoever, have
charge of national, provincial or municipal funds,
revenues or property, and to (2) any administrator or
depositary of funds or property attached or seized or
deposited by public authority.
3. Custodian of public funds or property in whatever
capacity.
4. Depositary or administrator of public funds or property.
Presumption

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When demand is made to the accountable officer to


account for the funds and property and the same is not
forthcoming, this shall be a prima facie evidence that he
has put such missing funds or property to personal use.
The return of the funds malversed is only mitigating, not
exempting circumstance.
Demand is NOT necessary in malversation. Damage to
the government is also not necessary.
Malversation is principally distinguished from estafa
by:
1. The public or private character of the accused.
2. The nature of the funds.
3. The fact that conversion is not required in malversation.
4. The rule that there is no need of prior demand in
malversation.
5. The absence of a requirement of damage in
malversation.
Malversation can be committed through abandonment or
negligence. Negligence is the omission to do something
which a reasonable man, guided by those considerations
which ordinarily regulate the conduct of human affairs,
would do, or the doing of something which a prudent and
reasonable man would do.
The failure of a public officer to have duly forthcoming any
public funds or property with which he is chargeable, upon
demand by any duly authorized officer, shall be prima
facie evidence that he has put such missing funds or
property to personal uses.
Direct Evidence Not Required in Malversation
Direct evidence is not necessary to prove malversation
because the law presumes that malversation was
committed when after there has been complete, thorough
and reliable audit, there is a discrepancy in the funds or
property. As such, when the officer cannot overthrow the
presumption in law, he may be held liable for malversation
although no directevidence has been presented yet
(Cabella v. Sandiganbayan, 197 SCRA 94 [1991]).
ARTICLE 218
FAILURE OF ACCOUNTABLE OFFICER
TO RENDER ACCOUNTS
Elements:
1. That the offender is a public officer, whether in the
service or separated therefrom;
2. That he must be an accountable officer for public funds
or property;
3. That he is required by law or regulation to render
accounts to the Commission on Audit, or to a provincial

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auditor; and
4. That he fails to do so for a period of two months after
such accounts should be rendered.
Demand for accounting is NOT necessary.
It is NOT necessary that there be misappropriation. If
there is misappropriation, he would be liable also for
malversation under Art. 217.
ARTICLE 219
FAILURE OF RESPONSIBLE PUBLIC OFFICER TO
RENDER ACCOUNTS BEFORE LEAVING THE
COUNTRY
Elements:
1. That the offender is a public officer;
2. That he must be an accountable officer for public funds
or property; and
3. That he must have unlawfully left (or be on the point of
leaving) the Philippines without securing from the
Commission on Audit a certificate showing that his
accounts have been finally settled.
The act of leaving the country must be unauthorized or
not permitted by law.
ARTICLE 220
ILLEGAL USE OF PUBLIC FUNDS OR PROPERTY
Elements:
1. That the offender is a public officer;
2. That there is a public fund or property under his
administration;
3. That such public fund or property has been
appropriated by law or ordinance; and
4. That he applies the same to a public use other than that
for which such fund or property has been appropriated
by law or ordinance.
The crime under this Article is also referred to as
TECHNICAL MALVERSATION.
The public funds or property must be appropriated by law
or ordinance for a particular purpose.
Illegal Use of Public
Funds or Property

Malversation

The offenders are accountable public officers in


both crimes.
The offender does not The offender in certain
derive any personal gain cases profits from the
or profit.
proceeds of the crime.

62

Illegal Use of Public


Funds or Property

Malversation

The public fund or The public fund or


property is applied to property is applied to
another public use.
the personal use and
benefit of the offender
or of another person.
ARTICLE 221
FAILURE TO MAKE DELIVERY OF PUBLIC FUNDS OR
PROPERTY
Acts Punished:
1. By failing to make payment by a public officer who is
under obligation to make such payment from
Government funds in his possession.
Elements:
a. Public officer has government funds in his
possession;
b. He is under obligation to make payment from such
funds; and
c. He fails to make the payment, maliciously.
2. By refusing to make delivery by a public officer who has
been ordered by competent authority to deliver any
property in his custody or under his administration.
ARTICLE 222
OFFICERS INCLUDED IN THE PRECEDING
PROVISIONS
Private individuals who may be liable under Art. 217221:
1. Private individuals who, in any capacity whatsoever,
have charge of any national, provincial or municipal
funds, revenue or property
2. Administrator or depository of funds or property
attached, seized, or deposited by public authority even
if such property belongs to a private individual.
(example: sheriffs and receivers)
The word administrator does not include judicial
administrator appointed to administer the estate of a
deceased person because he is not in charge of any
property attached, impounded, or placed in deposit by
public authority. Conversion of effects in his trust makes
him liable for estafa.
Private property is included, provided it is attached,
seized, or deposited by public authority.
CHAPTER FIVE: INFIDELITY OF PUBLIC
OFFICERS
(ARTS. 223-230)

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SECTION ONE: INFIDELITY IN THE CUSTODY OF


PRISONERS
ARTICLE 223
CONNIVING WITH OR CONSENTING TO EVASION
Elements:
1. That the offender is a public officer;
2. That he had in his custody or charge, a prisoner, either
detention prisoner or prisoner by final judgment;
3. That such prisoner escaped from his custody; and
4. That he was in connivance with the prisoner in the
latters escape.
Connivance with the prisoner (agreement between the
prisoner and the public officer) in his escape is an
indispensable element of the offense.
Classes of prisoners involved:
1. If the fugitive has been sentenced by final judgment to
any penalty.
2. If the fugitive is held only as detention prisoner for any
crime or violation of law or municipal ordinance.
A detention prisoner is a person in legal custody,
arrested for, and charged with, some crime or public
offense.
Leniency, laxity and release of detention prisoner who
could not be delivered to the judicial authority within the
time fixed by law, are not considered infidelity in the
custody of prisoners.
There is real and actual evasion of service of sentence
when the custodian permits the prisoner to obtain a
relaxation of his imprisonment and to escape the
punishment of being deprived of his liberty, thus making
the penalty ineffectual, although the convict may not
have fled (U.S. vs. Bandino, G.R. No. L-9964, February
11,1915).

penalized. It is only that positive carelessness that is short


of deliberate non-performance of his duties as guard that
is the gravamen of the crime of infidelity under Art. 224
(People v. Reyes, et al., C.A., 59 O.G. 6664).
The fact that the public officer recaptured the prisoner who
had escaped from his custody does not afford complete
exculpation.
A policeman who, assigned to guard a prisoner, falls
asleep, with the result that the prisoner escapes, is guilty
of negligence in the custody of a prisoner (People vs.
Guiab, G.R. No. 39631, May 6, 1934).
Liability of escaping prisoner:
1. If the fugitive is serving sentence by reason of final
judgment, he is liable for evasion of the service of
sentence under Art. 157.
2. If the fugitive is only a detention prisoner, he does not
incur criminal liability.
Any public officer who has direct custody of a detained
person under the provisions of this Act and who, by
deliberate act, misconduct or inexcusable negligence
causes or allows the escape of such detained person shall
be guilty of an offense (Human Security Act of 2007, R.A.
9372, Section 44).
ARTICLE 225
ESCAPE OF PRISONER UNDER THE CUSTODY OF A
PERSON NOT A PUBLIC OFFICER
Elements:
1. That the offender is a private person;
2. That the conveyance or custody of a prisoner or person
under arrest is confided to him;
3. That the prisoner or person under arrest escapes; and
4. That the offender consents to the escape of the
prisoner or person under arrest, or that the escape
takes place through his negligence.
Art. 225 is NOT applicable if a private person was the one
who made the arrest and he consented to the escape of
the person he arrested.

ARTICLE 224
EVASION THROUGH NEGLIGENCE

SECTION TWO: INFIDELITY IN THE CUSTODY OF


DOCUMENTS

Elements:
1. That the offender is a public officer;
2. That he is charged with the conveyance or custody of a
prisoner, either detention prisoner or prisoner by final
judgment; and
3. That such prisoner escapes through his negligence.

ARTICLE 226
REMOVAL, CONCEALMENT, OR DESTRUCTION OF
DOCUMENTS

Not every negligence or distraction of a guard is

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Elements:
1. That the offender be a public officer;

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Note: Only public officers who have been officially
entrusted with the documents or papers can be held
liable under Article 226. If the offender is a private
individual, estafa is committed if there is damage
caused. If there is no damage, the crime is malicious
mischief.
2. That he removes, conceals or destroys documents or
papers;
The removal must be for illicit purpose when the
intention of the offender is
a. to tamper with it, or
b. to profit by it, or
c. to commit an act constituting a breach of trust in the
official care thereof.
Papers include checks, promissory notes, and paper
money.
3. That the said documents or papers should have been
entrusted to such public officer by reason of his office;
and
4. That damage, whether serious or not, to a third party or
to the public interest should have been caused.
The document must be complete and one by which a right
can be established or an obligation could be extinguished.

ARTICLE 228
OPENING OF CLOSED DOCUMENTS
Elements:
1. That the offender is a public officer;
2. That any closed papers, documents, or objects are
entrusted to his custody;
3. That he opens or permits to be opened said closed
papers, documents, or objects; and
4. That he does not have the proper authority.
The closed document must be entrusted to the custody of
the accused by reason of his office.
If in opening closed papers or objects, the public officer
broke the seal, the offense would be breaking seal under
Art. 227 and not the crime of opening a closed document,
because the offender must be a public officer not
included in the preceding article.
Damage or intent to cause damage is NOT an element of
this offense.
SECTION THREE: REVELATION OF SECRETS
ARTICLE 229
REVELATION OF SECRETS BY AN OFFICER

The removal must be for an illicit purpose.


The crime of removal of public document in breach of
official trust is consummated upon its removal or secreting
away from its usual place in the office and after the
offender had gone out and locked the door, it being
immaterial whether he has or has not actually
accomplished the illicit purpose for which he removed said
document.

Acts punished:
1. By revealing any secret known to the offending public
officer by reason of his official capacity.

Damage in this article may consist in mere alarm to the


public or in the alienation of its confidence in any branch
of the government service.

Elements of No. 1:
1. That the offender is a public officer;
That he knows of a secret by reason of his official
capacity;
2. That he reveals such secret without authority or
justifiable reasons; and
3. That damage, great or small, be caused to public
interest.

ARTICLE 227
OFFICER BREAKING SEAL

Sec 3 (k) of RA 3019 is violated if there is no damage


caused in revealing the secret.

Elements:
1. That the offender is a public officer;
2. That he is charged with the custody of papers or
property;
3. That these papers or property are sealed by proper
authority; and
4. That he breaks the seals or permits them to be broken.
5.
Damage or intent to damage is not necessary.

This article punishes minor official betrayals, infidelities


of little consequence, affecting usually the
administration of justice, executive or official duties, or
the general interest of the public order.

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Secrets must affect public interest, if not, the revelation


would constitute no crime at all.
2. By delivering wrongfully papers or copies of papers of

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which he may have charge and which should not be
published.

Revelation to one person is necessary and sufficient, for


public revelation is not required.

Elements of No. 2:
1. That the offender is a public officer;
2. That he has charge of papers;
3. That those papers should not be published;
4. That he delivers those papers or copies thereof to a
third person;
5. That the delivery is wrongful; and
6. That damage be caused to public interest

It is NOT necessary that damage is suffered by the private


individual. The reason for this provision is to uphold faith
and trust in public service.

Charge
Means control or custody. If the public officer is merely
entrusted with the papers but not with the custody, he is
not liable under this provision.
Damage is an element of the offenses defined in Art. 229.
A higher penalty is provided if serious damage is caused
otherwise a lower penalty is imposed. This indicates that
the lesser penalty refers to causing damage which is not
serious.

Revelation of Secrets
by an Officer
The papers contain
secrets and therefore
should
not
be
published, and the
public officer having
charge thereof removes
and delivers them
wrongfully to a third
person.

Infidelity in the
Custody of
Document/Papers by
Removing the Same
The papers do not
contain secrets but
their removal is for an
illicit purpose.

CHAPTER SIX: OTHER OFFENSES OR


IRREGULARITIES BY PUBLIC OFFICERS
(ARTS. 231-245)

SECTION ONE: DISOBEDIENCE, REFUSAL OF


ASSISTANCE AND MALTREATMENT OF PRISONERS
ARTICLE 231
OPEN DISOBEDIENCE
Elements:
1. That the offender is a judicial or executive officer;
2. That there is a judgment, decision or order of a superior
authority;
3. That such judgment, decision or order was made within
the scope of the jurisdiction of the superior authority and
issued with all legal formalities; and
4. That the offender without any legal justification openly
refuses to execute said judgment, decision or order,
which he is duty bound to obey.
ARTICLE 232
DISOBEDIENCE TO ORDER OF SUPERIOR OFFICER
WHEN SAID ORDER WAS SUSPENDED BY INFERIOR
OFFICER

ARTICLE 230
PUBLIC OFFICER REVEALING SECRETS OF PRIVATE
INDIVIDUAL
Elements:
1. That the offender is a public officer;
2. That he knows of the secrets of a private individual by
reason of his office; and
3. That he reveals such secrets without authority or
justifiable reason.
If the offender is a lawyer, the crime under Art. 209 is
committed.
If the offender is a private individual, the crime under Art.
290 or 291 is committed.

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Elements:
1. That the offender is a public officer;
2. That an order is issued by his superior for execution;
3. That he has for any reason suspended the execution of
such order;
4. That his superior disapproves the suspension of the
execution of the order; and
5. That the offender disobeys his superior despite the
disapproval of the suspension.
This article does NOT apply if the order of the superior is
illegal.
ARTICLE 233
REFUSAL OF ASSISTANCE
Elements:
1. That the offender is a public officer;
2. That a competent authority demands from the offender
that he lend his cooperation towards the administration
of justice or other public service; and

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3. That the offender fails to do so maliciously.
There must be damage to the public interest or to a third
party.
If the offender is a private individual, he may be held liable
for contempt.
ARTICLE 234
REFUSAL TO DISCHARGE ELECTIVE OFFICE
Elements:
1. That the offender is elected by popular election to a
public office;
2. That he refuses to be sworn in or to discharge the
duties of said office; and
3. That there is no legal motive for such refusal to be
sworn in or to discharge the duties of said office.
ARTICLE 235
MALTREATMENT OF PRISONERS
Elements:
1. That the offender is a public officer or employee;
2. That he has under his charge a prisoner convicted by
final judgment or a detention prisoner;
3. That he maltreats such prisoner in either of the
following manners:
a. By overdoing himself in the correction or handling
of a prisoner or detention prisoner under his charge
either:
i. by the imposition of punishments not authorized
by the regulations; or
ii. by inflicting such punishments (those authorized)
in a cruel and humiliating manner; or
b. By maltreating such prisoner to extort a confession
or to obtain some information from the prisoner.
The public officer or employee must have actual charge of
the prisoner.
To be a detention prisoner, the person arrested must be
placed in jail even for a short while.
Offender may also be held liable for physical injuries or
damage caused. There is no complex crime of
maltreatment of prisoners with serious or less serious
physical injuries, as defined in Art. 48.
REPUBLIC ACT N0. 9745
Anti-Torture Act of 2009
Torture"
Refers to an act by which severe pain or suffering,
whether physical or mental, is intentionally inflicted on a

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person for such purposes as


1. obtaining from him/her or a third person information or
a confession;
2. punishing him/her for an act he/she or a third person
has committed or is suspected of having committed; or
3. intimidating or coercing him/her or a third person; or for
any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation
of or with the consent or acquiescence of a person in
authority or agent of a person in authority.
Punishable Acts
1. Physical torture is a form of treatment or punishment
inflicted by a person in authority or agent of a person in
authority upon another in his/her custody that causes
severe pain, exhaustion, disability or dysfunction of
one or more parts of the body, such as:
a. Systematic beating, headbanging, punching,
kicking, striking with truncheon or rifle butt or other
similar objects, and jumping on the stomach;
b. Food deprivation or forcible feeding with spoiled
food, animal or human excreta and other stuff or
substances not normally eaten;
c. Electric shock;
d. Cigarette burning; burning by electrically heated
rods, hot oil, acid; by the rubbing of pepper or other
chemical substances on mucous membranes, or
acids or spices directly on the wound(s);
e. The submersion of the head in water or water
polluted with excrement, urine, vomit and/or blood
until the brink of suffocation;
f. Being tied or forced to assume fixed and stressful
bodily position;
g. Rape and sexual abuse, including the insertion of
foreign objects into the sex organ or rectum, or
electrical torture of the genitals;
h. Mutilation or amputation of the essential parts of the
body such as the genitalia, ear, tongue, etc.;
i. Dental torture or the forced extraction of the teeth;
j. Pulling out of fingernails;
k. Harmful exposure to the elements such as sunlight
and extreme cold;
l. The use of plastic bag and other materials placed
over the head to the point of asphyxiation;
m. The use of psychoactive drugs to change the
perception, memory. alertness or will of a person,
such as:
i. The administration or drugs to induce confession
and/or reduce mental competency; or
ii. The use of drugs to induce extreme pain or
certain symptoms of a disease; and
n. Other analogous acts of physical torture; and
2. "Mental/Psychological Torture" refers to acts committed
by a person in authority or agent of a person in
authority which are calculated to affect or confuse the

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mind and/or undermine a person's dignity and morale,
such as:
a. Blindfolding;
b. Threatening a person(s) or his/fher relative(s) with
bodily harm, execution or other wrongful acts;
c. Confinement in solitary cells or secret detention
places;
d. Prolonged interrogation;
e. Preparing a prisoner for a "show trial", public
display or public humiliation of a detainee or
prisoner;
f. Causing unscheduled transfer of a person deprived
of liberty from one place to another, creating the
belief that he/she shall be summarily executed;
g. Maltreating a member/s of a person's family;
h. Causing the torture sessions to be witnessed by the
person's family, relatives or any third party;
i. Denial of sleep/rest;
j. Shame infliction such as stripping the person
naked, parading him/her in public places, shaving
the victim's head or putting marks on his/her body
against his/her will;
k. Deliberately prohibiting the victim to communicate
with any member of his/her family; and
l. Other analogous acts of mental/psychological
torture.
Who are Criminally Liable
1. Any person who actually participated Or induced
another in the commission of torture or other cruel,
inhuman and degrading treatment or punishment or
2. Those who cooperated in the execution of the act of
torture or other cruel, inhuman and degrading
treatment or punishment by previous or simultaneous
acts shall be liable as principal
Any superior military, police or law enforcement officer or
senior government official who issued an order to any
lower ranking personnel to commit torture for whatever
purpose shall be held equally liable as principals.
SECTION TWO: ANTICIPATION, PROLONGATION
AND ABANDONMENT OF THE DUTIES AND
POWERS OF PUBLIC OFFICE

powers of such office; and


4. That he has not taken his oath of office and/or given
the bond required by law.
ARTICLE 237
PROLONGING PERFORMANCE
OF DUTIES AND POWERS
Elements:
1. That the offender is holding a public office;
2. That the period provided by law, regulations or
special provisions for holding such office, has already
expired; and
3. That he continues to exercise the duties and powers
of such office.
Officers contemplated:
A public officer who has been suspended, separated,
declared overage, or dismissed cannot continue to
perform the duties of his office.
ARTICLE 238
ABANDONMENT OF OFFICE
Elements:
1. That the offender is a public officer;
2. That he formally resigns from his position;
There must be written or formal resignation
3. That his resignation has not yet been accepted; and
4. That he abandons his office to the detriment of the
public service.
Qualifying circumstance when the abandonment of
the office has for its purpose to evade the discharge of the
duties of preventing, prosecuting or punishing any of the
crimes falling within Title 1 and Chapter 1 Title 3 of Book 2
of the RPC.

Abandonment of
Office
(Art. 238)
Committed by any
public officer.

ARTICLE 236
ANTICIPATION OF DUTIES OF
A PUBLIC OFFICE
Elements:
1. That the offender is entitled to hold a public office or
employment, either by election or appointment;
2. That the law requires that he should first be sworn in
and/or should first give a bond;
3. That he assumes the performance of the duties and

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Negligence and
Tolerance in
Prosecution of
Offenses
(Art. 208)
Committed only by
public officers who have
the duty to institute
prosecution for the
punishment of violations
of the law.

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The public officer
abandons his office to
evade the discharge
of his duty.

authority regarding his jurisdiction, which is not yet


decided;
4. That he has been lawfully required to refrain from
continuing the proceeding; and
5. That he continues the proceeding.

The public officer does


not abandon his office
but he fails to prosecute
an offense by dereliction
of duty or by malicious
tolerance
of
the
commission of offenses.

SECTION THREE: USURPATION OF POWERS


AND UNLAWFUL APPOINTMENTS
ARTICLE 239
USURPATION OF LEGISLATIVE POWERS
Elements:
1. That the offender is an executive or judicial officer;
2. That he:
a. Makes general rules or regulations beyond the
scope of his authority; or
b. Attempts to repeal a law; or
c. Suspends the execution thereof.
ARTICLE 240
USURPATION OF EXECUTIVE FUNCTIONS
Elements:
1. That the offender is a judge;
2. That he:
a. Assumes a power pertaining to the executive
authorities; or
b. Obstructs the executive authorities in the lawful
exercise of their powers.
Legislative officers are not liable for usurpation of powers.
ARTICLE 241
USURPATION OF JUDICIAL FUNCTIONS

ARTICLE 243
ORDERS OR REQUESTS BY EXECUTIVE
OFFICERS TO ANY JUDICIAL AUTHORITY
Elements:
1. That the offender is an executive officer;
2. That he addresses any order or suggestion to any
judicial authority; and
3. That the order or suggestion relates to any case or
business coming within the exclusive jurisdiction of the
courts of justice.
ARTICLE 244
UNLAWFUL APPOINTMENTS
Elements:
1. That the offender is a public officer;
2. That he nominates or appoints a person to a public
office;
3. That such person lacks the legal qualifications
therefor; and
4. That the offender knows that his nominee or
appointee lacks the qualification at the time he made
the nomination or appointment.
The offense is committed by nominating or by
appointing. Nominate is different from recommend.
Recommending, knowing that the recommendee has no
qualification, is not a crime.
There must be a law providing for the qualifications of a
person to be nominated or appointed to a public office.

Elements:
1. That the offender is an officer of the executive
branch of the Government;
2. That he:
a.
Assumes judicial powers; or
b.
Obstructs the execution of any order or decision
rendered by any judge within his jurisdiction.
ARTICLE 242
DISOBEYING REQUEST FOR DISQUALIFICATION
Elements:
1. That the offender is a public officer;
2. That a proceeding is pending before such public
officer;
3. That there is a question brought before the proper

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SECTION FOUR: ABUSES AGAINST CHASTITY


ARTICLE 245
ABUSES AGAINST CHASTITY PENALTIES
Ways of committing abuses against chastity:
1.
By soliciting or making immoral or indecent
advances to a woman interested in the matters
pending before the offending officer for decision, or
with respect to which he is required to submit a report
to or consult with a superior officer.
2.
By soliciting or making immoral or indecent
advances to a woman under the offenders custody.
3.
By soliciting or making immoral or indecent
advances to the wife, daughter, sister or relative within
the same degree by affinity of any person in the custody

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of the offending warden or officer.

ascendant or other descendant, or the legitimate


spouse, of the accused.

Elements:
1. That the offender is a public officer;
2. That he solicits or makes immoral or indecent
advances to a woman; and
3. That such woman must be
a. Interested in matters pending before the offender
for decision, or with respect to which he is required
to submit a report to or consult with a superior
officer; or
b. Under the custody of the offender who is a
warden or other public officer directly charged with
the care and custody of prisoners or persons under
arrest; or
c. The wife, daughter, sister or relative within the
same degree by affinity of the person in the custody
of the offender.
The mother of the person in the custody of the offender is
NOT included.
Solicit
Means to propose earnestly and persistently something
unchaste and immoral to a woman.
This crime is consummated by mere proposal. If the
offender succeeds in committing a crime against chastity,
the solicitation and advances are considered merely as
preparatory acts.
Proof of solicitation is NOT necessary when there is
sexual intercourse.
Note: See also RA 7877, the Anti-Sexual Harassment
Act of 1995 which applies where the accused demands,
requests or otherwise requires any sexual favors from the
victim in a work, education or training-related
environment.

Cases of parricide when the penalty shall NOT be


reclusion perpetua to death:
1. Parricide through negligence (Art. 365).
2. Parricide by mistake (Art. 249).
3. Parricide under exceptional circumstances (Art. 247).
The child should not be less than 3 days old; otherwise
the crime is infanticide. (Art. 255)
Relationship of the offender with the victim is the
essential element of the crime. Hence:
a. If a person wanted to kill a stranger but by mistake
killed his own father, he will be held liable for
parricide BUT Art. 49 will apply as regards the
proper penalty to be imposed, that is, the penalty for
the lesser offense in its maximum period.
b. A stranger who cooperates and takes part in the
commission of the crime of parricide is not guilty of
parricide but only of homicide or murder, as the case
may be. The key element in parricide is the
relationship of the offender with the victim (People
vs. Dalag, G.R. No. 129895, April 30, 2003).
c. The relationship between the offender and the victim
must be alleged.
The law does NOT require knowledge of relationship,
thus, a person who killed another not knowing that the
latter was his son will still be held guilty of parricide.
The fact that the husband only intended to maltreat his
wife does not exempt him from liability for resulting and
more serious crime committed (People vs. Tomotorgo,
G.R. No. L-47941, April 30, 1985).
Legitimacy need NOT be alleged when the accused killed
his (1)father, (2) mother or (3) child.
However with respect to the other ascendant, descendant
or spouse, the relationship MUST be legitimate.

TITLE EIGHT: CRIMES AGAINST


PERSONS
SECTION ONE: PARRICIDE, MURDER, HOMICIDE
ARTICLE 246
PARRICIDE
Elements:
1. That a person is killed;
2. That the deceased is killed by the accused; and
3. That the deceased is the father, mother, or child,
whether legitimate or illegitimate, or a legitimate other

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An adopted child is considered as a legitimate child BUT


since the relationship is exclusive between the adopter
and the adopted child, killing the parents of the adopter is
not considered parricide of other (legitimate)
ascendants.
ARTICLE 247
DEATH OR PHYSICAL INJURIES INFLICTED UNDER
EXCEPTIONAL CIRCUMSTANCES
Elements:
1. That a legally married person or a parent surprises his

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spouse or his daughter, the latter under 18 years of age
and living with him, in the act of committing sexual
intercourse with another person;
2. That he or she kills any or both of them, or inflicts upon
any or both of them any serious physical injury, in the
act or immediately thereafter; and
3. That he has not promoted or facilitated the prostitution
of his wife or daughter, or that he or she has not
consented to the infidelity of the other spouse.
The requisites of Art. 247 must be established by the
evidence of the defense and accused cannot enter into a
conditional plea of guilty and be sentenced with destierro
since the prosecution will have to charge the defendant
with parricide and/or homicide, in case death results, or of
serious physical injuries in other cases.
For Art. 247 to apply, the offender must prove that he
actually surprised his wife and (her paramour) in flagrante
delicto, and that he killed the man during or immediately
thereafter. Evidence of the victims promiscuity, is
inconsequential to the killing (People vs. Puedan, G.R.
No. 139576, September 2, 2002).
Surprise
To come upon suddenly and unexpectedly.
Sexual intercourse does NOT include preparatory acts.
Immediately thereafter
The discovery, the escape, the pursuit and the killing must
all form part of one continuous act (U.S. vs. Vargas, et al.,
G.R. 1053, May 7, 1903).
The accused must be a legally married person and the
word spouse shall include wife.

1. With treachery, taking advantage of superior strength,


with the aid of armed men, or employing means to
weaken the defense, or of means or persons to insure
or afford impunity;
2. In consideration of a price, reward or promise;
3. By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or assault
upon a railroad, fall of an airship, by means of motor
vehicles, or with the use of any other means involving
great waste and ruin;
4. On occasion of any calamities enumerated in the
preceding paragraph, or of an earthquake, eruption of a
volcano, destructive cyclone, epidemic, or any other
public calamity;
5. With evident premeditation; or
6. With cruelty, by deliberately and inhumanly augmenting
the suffering of the victim, or outraging or scoffing at his
person or corpse (As amended by RA No. 7659).
Elements:
1. That a person was killed;
2. That the accused killed him;
3. That the killing was attended by any of the qualifying
circumstances mentioned in Art. 248; and
4. That the killing is not parricide or infanticide.
Rules for the application of the circumstances which
qualify the killing to murder:
1. That murder will exist with only one of the
circumstances described in Art. 248.
2. Where there are more than one qualifying circumstance
present, only one will qualify the killing, with the rest to
be considered as generic aggravating circumstances.
3. That when the other circumstances are absorbed or
included in one qualifying circumstance, they cannot be
considered as generic aggravating.
4. That any of the qualifying circumstances enumerated in
Art. 248 must be alleged in the information.

The parent need NOT be legitimate.


No liability for less serious or slight physical injuries
suffered by third persons during the commission of the act
under this article
Justification for Art. 247
The law considers the spouse or parent as acting in a
justified burst of passion.

Outraging (physical act)


Means to commit an extremely vicious or deeply insulting
act.
Scoffing (verbal act)
Means to jeer, and implies a showing of irreverence.

ARTICLE 248
MURDER

Dismemberment of a dead body is one manner of


outraging or scoffing at the corpse of the victim and
qualifies the killing to murder (People vs. Guillermo, G.R.
No. 147786, January 20, 2004).

Murder
Unlawful killing of any person which is not parricide or
infanticide, provided that any of the following
circumstances is present:

If homicide or murder is committed with the use of an


unlicensed firearm, such use of an unlicensed firearm
shall be considered as an aggravating circumstance.
(R.A. No. 8294, Sec. 1)

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Treachery and Evident Premeditation are inherent in
murder by means of Poison BUT the Use of Poison is not
inherent in murder. It only becomes inherent if there is
intent to kill and the poison is used as a means to kill.
ARTICLE 249
HOMICIDE

accused is guilty of homicide only (People vs. Dela Cruz,


G.R. No. 152176, October 1, 2003).
There is no such crime as frustrated homicide through
imprudence.
ARTICLE 250
PENALTY FOR FRUSTRATED PARRICIDE, MURDER,
OR HOMICIDE

Homicide
The unlawful killing of any person, which is NOT parricide,
murder or infanticide.
Intent to kill is conclusively presumed when death results;
evidence of intent to kill is important only in attempted or
frustrated homicide.

Courts may impose a penalty two degrees lower for


frustrated parricide, murder or homicide.
Courts may impose a penalty three degrees lower for
attempted parricide, murder or homicide.
This provision is permissive, NOT MANDATORY.

Intent to kill is usually shown by the kind of weapon used


and part of the body wounded.
Elements:
1. That a person was killed;
2. That the accused killed him without any justifying
circumstance;
3. That the accused had the intention to kill, which is
presumed; and
4. That the killing was not attended by any of the
qualifying circumstances of murder, or by that of
parricide or infanticide.
The use of an unlicensed firearm is an aggravating
circumstance in homicide and is NOT to be considered as
a separate offense (RA No. 8294, Sec. 1).
Corpus Delicti
Actual commission of the crime charged and not the body
of the person killed.
Accidental Homicide
Is the death of a person brought about by a lawful act
performed with proper care and skill and without homicidal
intent. e.g. death in boxing bout. There is NO FELONY
committed in this case.
In an attempted or frustrated homicide, the offender must
have the intent to kill the victim. If there is no intent to kill
on the part of the offender, he is liable for physical injuries.
In all crimes against persons in which the death of the
victim is an element of an offense, there must be
satisfactory evidence of (1) the fact of death and (2) the
identity of the victim.
When there is no way of determining how the attack was
committed, treachery cannot be considered and the

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An attempt on or conspiracy against the life of the Chief


Executive, member of his family, any member of his
cabinet or members of latters family is punishable by
death (PD 1110-A).
ARTICLE 251
DEATH CAUSED IN A TUMULTUOUS AFFRAY
Elements:
1. That there be several persons;
2. That they did not compose groups organized for the
common purpose of assaulting and attacking each other
reciprocally, otherwise, they may be held liable as coconspirators;
3. That these several persons quarreled and assaulted
one another in a confused and tumultuous manner;
4. That someone was killed in the course of the affray;
5. That it cannot be ascertained who actually killed the
deceased; and
6. That the person or persons who inflicted serious
physical injuries or who used violence can be identified.
Persons liable:
1. The person or persons who inflicted the serious
physical injuries are liable.
2. If it is not known who inflicted the serious physical
injuries on the deceased ALL the persons who used
violence upon the person of the victim are liable, but
with lesser liability.
Tumultuous affray
A melee or free-for-all, where several persons not
comprising definite or identifiable groups attack one
another in a confused and disorganized manner resulting
in the death or injury of one or some of them.
Tumultuous affray exists when at least four persons took

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part.
When the quarrel is between a distinct group of
individuals, one of whom was sufficiently identified as the
principal author of the killing, as against a common,
particular victim, it is not a "tumultuous affray" within the
meaning of Art. 251 of the RPC (People vs. Unlagada,
G.R. No. 141080, September 17, 2002). In such a case,
the crime committed is homicide under Art. 249.
The victim may be a participant or non-participant thereof.
ARTICLE 252
PHYSICAL INJURIES INFLICTED IN A TUMULTUOUS
AFFRAY
Elements:
1. That there is a tumultuous affray as referred to in Art.
251;
2. That a participant or some participants thereof suffer
serious physical injuries or physical injuries of a less
serious nature only;
3. That the person responsible therefor cannot be
identified; and
4. That all those who appear to have used violence upon
the person of the offended party are known.

A doctor who resorted to euthanasia may be held liable for


murder under Art. 248 since euthanasia is not giving
assistance to suicide BUT doing the killing himself.
In euthanasia, the person killed does not want to die.
ARTICLE 254
DISCHARGE OF FIREARMS
Elements:
1. That the offender discharges a firearm against or at
another person; and
2. That the offender has no intention to kill that person.
It is not applicable to police officers in the performance of
their duties.
The PURPOSE of the offender is only to intimidate or
frighten the offended party.
If in the discharge of firearm, the offended party is hit and
wounded, there is a complex crime of discharge of firearm
with serious or less serious physical injuries; BUT if only
slight physical injuries were inflicted, there is no complex
crime (BUT two separate crimes) since such physical
injuries constitutes a light felony.

Injured/victim must be a participant in the affray.


Only those who used violence are punished, because if
the one who caused the physical injuries is known, he will
be liable for the physical injuries actually committed, and
not under this article.

The crime is discharge of firearm even if the gun was not


pointed at the offended party when it was fired, as long as
it was initially aimed by the accused at or against the
offended party.
If the firearm was not aimed against or at another person,
the crime committed is alarms and scandals.

ARTICLE 253
GIVING ASSISTANCE TO SUICIDE
Acts punished:
1. By assisting another to commit suicide, whether the
suicide is consummated or not.
2. By lending his assistance to another to commit suicide
to the extent of doing the killing himself.
A person who attempts to commit suicide is not criminally
liable even if an innocent third person or property is hurt or
damaged.
The penalty for giving assistance to suicide if the offender
is the father, mother, child or spouse of the one
committing suicide is the same since the law does not
distinguish.
Euthanasia or Mercy-Killing
Is a practice of painlessly putting to death a person
suffering from some incurable disease.

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No offense for Illegal discharge of firearms through


imprudence.
SECTION TWO: INFANTICIDE AND ABORTION
ARTICLE 255
INFANTICIDE
Infanticide
It is the killing of any child less than three days of age,
whether the killer is the parent or grandparent, any other
relative of the child, or a stranger.
Elements:
1. That a child was killed;
2. That the deceased child was less than three days (72
hours) of age; and
3. That the accused killed the said child.

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No crime of infanticide is committed if the child has been
dead or if, although born alive, it could not sustain an
independent life when it was killed.
Father or mother or other legitimate ascendant who kills a
child less than three days old shall suffer the penalty for
parricide.
Other person who kills or who cooperates with the mother
or maternal grandparent in killing a child less than three
days old will suffer the penalty for murder.
Only the mother and the maternal grandparents of the
child are entitled to the mitigating circumstance of
concealing the dishonor.
The delinquent mother who claims concealing dishonor
must be of good reputation and good morals.

under Art. 256.


2. The pregnant woman if she consented under Art. 258.
As long as the fetus dies as a result of the violence used
or the drugs administered, the crime of abortion exists,
even if the fetus is over or less than 6 months, or is full
term.
If the fetus could sustain an independent life (the fetus
must have had an intrauterine life of not less than 7
months) after its separation from the maternal womb, and
it is killed, the crime is infanticide, not abortion.
Fetus must die in consummated abortion. If it is intentional
abortion and the fetus does not die, it is frustrated
intentional abortion when all the acts of execution have
been performed by the offender.
If the abortion is not intended and the fetus does not die,
in spite of the violence intentionally exerted, the crime
may only be physical injuries. There is no crime of
frustrated unintentional abortion, in view of the lack of
intention to cause an abortion.

Treachery is inherent in infanticide.

ARTICLE 256
INTENTIONAL ABORTION

If there is no intention to cause abortion and no violence,


there is no abortion of any kind.

Intentional abortion
Willful killing of the fetus in the uterus or the violent
expulsion of the fetus from the maternal womb which
results in the death of the fetus.

ARTICLE 257
UNINTENTIONAL ABORTION

Ways of Committing Intentional Abortion:


1. By using any violence upon the person of the pregnant
woman;
2. By acting, without using violence and without the
consent of the woman (by administering drugs or
beverages upon such pregnant woman without her
consent; and
3. By acting, with the consent of the pregnant woman, by
administering drugs or beverages.
Elements:
1. That there is a pregnant woman;
2. That violence is exerted, or drugs or beverages
administered, or that the accused otherwise acts upon
such pregnant woman;
3. That as a result of the use of violence or drugs or
beverages upon her, or any other act of the accused,
the fetus dies, either in the womb or after having been
expelled therefrom; and
4. That the abortion is intended.
Person liable in Intentional Abortion:
1. The person who intentionally caused the abortion

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Elements:
1. That there is a pregnant woman;
2. That violence is used upon such pregnant woman
without intending an abortion;
3. That the violence is intentionally exerted; and
4. That as a result of the violence, the fetus dies, either in
the womb or after having been expelled therefrom.
Violence refers to actual physical force.
CONFLICTING VIEWS: The offender must have known of
the womans pregnancy (People v. Carnaso, C.A., 61 OG
3623) However, in US v. Jeffrey (GR No. 5597, March 5,
1910), it was ruled that knowledge of such pregnancy was
not necessary.
In the case of People vs. Salufrania (G.R. No. L-50884
March 30, 1988), the Supreme Court ruled that despite
knowledge of the accused of his wifes pregnancy, the
intent to cause the abortion has not been sufficiently
established, thus, the accused is only liable for the
complex crime of parricide (for the death of wife) with
unintentional abortion (for the death of the fetus in the
mothers womb).

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If grave threats were made to cause abortion, a complex
crime of grave threats and intentional abortion is
committed. If light threats were made, two separate
crimes of light threats and intentional abortion are
committed.
There is a complex crime of homicide with unintentional
abortion (People v. Genoves, 33 O.G. 2201).
There is complex crime of parricide with abortion (People
v. Villanueva, G.R. No. 95851 March 1, 1995).
ARTICLE 258
ABORTION PRACTICED BY THE WOMAN HERSELF
OR HER PARENTS
Elements:
1. That there is a pregnant woman who has suffered an
abortion;
2. That the abortion is intended; and
3. That the abortion is caused by
a. The pregnant woman herself;
b. Any other person, with her consent; or
c. Any of her parents, with her consent, for the
purpose of concealing her dishonor.
Under a and c above, the woman is liable under Art.
258; while the third person under b is liable under Art.
256.

The penalties provided for intentional abortion shall be


imposed in the maximum period upon the physician or
midwife. They are severely punished because they incur a
heavier guilt in making use of their knowledge for the
destruction of human life, where it should be used only for
its preservation.
If abortion was not intended or was a result of a mistake,
no crime is committed.
If the woman is not really pregnant, an impossible crime is
committed.
As to PHARMACISTS, the Elements are:
1. That the offender is a pharmacist;
2. That there is no proper prescription from a physician;
and
3. That the offender dispenses any abortive.
This crime is consummated by dispensing an abortive
without proper prescription from a physician. It is not
necessary that the abortive was actually used.
It is immaterial that the pharmacist knows that the abortive
would be used for abortion. Otherwise, he shall be liable
as an accomplice in the crime of abortion should abortion
result from the use thereof.
SECTION THREE: DUEL

If the purpose is other than to conceal the womans


dishonor, abortion by any of her parents falls under
Art. 256.

ARTICLE 260
RESPONSIBILITY OF PARTICIPANTS
IN A DUEL

Liability of the pregnant woman is mitigated if her (not


including the maternal grandparents) purpose is to
conceal her dishonor.

Acts punished:
1. By killing ones adversary in a duel;
2. By inflicting upon such adversary physical injuries; and
3. By making a combat although no physical injuries have
been inflicted.

There is no mitigation for parents of the pregnant


woman even if the purpose is to conceal dishonor in
abortion, unlike in infanticide.
ARTICLE 259
ABORTION PRACTICED BY A PHYSICIAN OR
MIDWIFE IN DISPENSING OF ABORTIVES
Elements:
1. That there is a pregnant woman who has suffered an
abortion;
2. That the abortion is intended;
3. That the offender, who must be a physician or midwife,
causes, or assists in causing the abortion; and
4. That said physician or midwife takes advantage of his
or her scientific knowledge or skill.

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Persons liable:
1. The person who killed or inflicted physical injuries upon
his adversary or both combatants in any other case, as
principals.
2. The seconds, as accomplices.
Duel
A formal or regular combat previously concerted between
two parties in the presence of two or more seconds of
lawful age on each side, who make the selection of arms
and fix all other conditions of the fight.
Seconds
The persons who make the selection of the arms and fix
the other conditions of the fight.

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Self defense cannot be invoked if there was a preconcerted agreement to fight, but if the attack was made
by the accused against his opponent before the appointed
place and time, there is an unlawful aggression, hence
self-defense can be claimed.
If death results, penalty is the same as that for homicide.
ARTICLE 261
CHALLENGING TO A DUEL
Acts Punished:
1. By challenging another to a duel;
2. By inciting another to give or accept a challenge to a
duel; and
3. By scoffing or decrying another publicly for having
refused to accept a challenge to fight a duel.
Persons liable:
1. Challenger
2. Instigators

2. By intentionally making other mutilation, that is, by


lopping or clipping off any part of the body of the
offended party, other than the essential organ for
reproduction, to deprive him of that part of the body
(mayhem).
The law looks NOT only to the result but also to the
intention or purpose of the act. Mutilation is always
intentional.
The intention of the offender to deprive the victim of
the body part whether by castration or mayhem is
essential and must thus exist in either case.
Cruelty, as understood in Art 14 (21), is inherent in
mutilation and, in fact, that is the only felony where the
said circumstance is an integral part and is absorbed
therein. If the victim dies, the crime is murder qualified
by cruelty, but the offender may still claim and prove
that he had no intention to commit so grave a wrong.
ARTICLE 263
SERIOUS PHYSICAL INJURIES

A challenge to fight, without contemplating a duel, is not


challenging to a duel. The person making the challenge
must have in mind a formal combat to be concerted
between him and the one challenged in the presence of
two or more seconds.

How committed:
1. By wounding;
2. By beating;
3. By assaulting; or
4. By administering injurious substance.
Serious physical injuries
1. When the injured person becomes insane, imbecile,
impotent or blind in consequence of the physical
injuries inflicted;

CHAPTER TWO: PHYSICAL INJURIES


(ARTS. 262-266)

ARTICLE 262
MUTILATION

Impotence
Means inability to copulate.

Two kinds:
1. By intentionally mutilating another by depriving him,
either totally or partially, of some essential organ for
reproduction (castration).
Elements:
a. That there be castration, that is, mutilation of
organs necessary for generation, such as penis or
ovarium; and
b. That the mutilation is caused purposely and
deliberately, that is, to deprive the offended party of
some essential organ for reproduction.
Note: Intentionally depriving the victim of the
reproductive organ does not necessarily involve the
cutting off of the organ or any part thereof. It suffices
that it is rendered useless.

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Blindness must be complete; it must be of both eyes.


2. When the injured person
a. Loses the use of speech or the power to hear or to
smell, or loses an eye, a hand, a foot, an arm, or a
leg;
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in which he was
theretofore habitually engaged, in consequence of
the physical injuries inflicted.
Loss of power to hear must be of both ears; if one ear
only, such injury falls under paragraph
Loss of use of hand or incapacity for usual work must
be permanent.

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3. When the person injured
a. Becomes deformed, or
b. Loses any other member of his body, or
c. Loses the use thereof, or
d. Becomes ill or incapacitated for the performance of
the work in which he was habitually engaged for
more than 90 days, in consequence of the physical
injuries inflicted.
In paragraphs 2 and 3, the offended party must have a
vocation or work at the time of the injury.
4. When the injured person becomes ill or incapacitated
for labor for more than 30 days (but must not be more
than 90 days), as a result of the physical injuries
inflicted.
30 days < X 90 days

from wrong; failure to perceive things as they are.


Lessening of efficiency due to injury is not incapacity.
Work
Includes studies or preparation for a profession.
Requisites of deformity:
1. Physical ugliness;
2. Permanent and definite abnormality; and
3. Must be conspicuous and visible.
The injury to cause deformity is one that cannot be
replaced by nature.
A scar produced by an injury constitutes deformity
within the meaning of paragraph 3 of this article.

Paragraph 4 speaks of incapacity for any kind of labor.


Note: Hospitalization for more than 30 days may mean
either illness or incapacity for labor for more than 30
days.
This crime is considered a formal crime since it is
punished based on the gravity of the injuries inflicted.
What is penalized in the crime of injuries is the result.
Thus, it is always consummated and cannot be
committed in the attempted or frustrated stage.
If a robbery is committed and the injured person
suffers that enumerated under numbers 3 and 4, the
crime/s committed is/are:
a. Special complex crime of robbery with serious
physical injuries if the injured person is not
responsible for the robbery.
b. Separate crimes of robbery and serious physical
injuries if the injured person is a robber.
There must be NO INTENT TO KILL; otherwise, the
crime would be attempted or frustrated homicide,
parricide or murder, as the case maybe.
Where the category of the offense of serious physical
injuries depends on the period of illness or incapacity
for labor, there must be evidence of that length of that
period; otherwise, the offense shall only be slight
physical injuries.
Serious physical injuries may be committed by
reckless imprudence or by simple imprudence or
negligence under Art. 365 in relation to Art. 263.
Insanity
Means loss of reason or will; failure to determine right

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Physical Injuries

Attempted or
Frustrated Homicide

The offender inflicts Attempted


homicide
physical injuries.
may be committed,
even if no physical
injuries are inflicted.
Offender has no intent to The offender has an
kill the offended party.
intent to kill the
offended party.
Qualifying Circumstances:
1. Offense committed against persons enumerated in
the crime of parricide.
2. With the attendance of circumstance which qualifies
the crime to murder.
HOWEVER, the qualified penalties are NOT applicable
to parents who inflict serious physical injuries upon their
children by excessive chastisement.
ARTICLE 264
ADMINISTERING INJURIOUS
SUBSTANCE OR BEVERAGES
Elements:
1. That the offender inflicted upon another any serious
physical injury;
2. That it was done by knowingly administering to him any
injurious substances or beverages or by taking
advantage of his weakness of mind or credulity; and
3. That he had no intent to kill.
It is frustrated murder if there was intent to kill.

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Administering injurious substance
Means introducing into the body the substance.
If the accused did not know of the injurious nature of the
substances he administered, he shall not be liable under
this Aricle.
Art. 264 does not apply when the physical injuries that
result are less serious or light, they will be treated under
Art. 265 or 266, as the case may be.
ARTICLE 265
LESS SERIOUS PHYSICAL INJURIES
Elements:
1. The offended party is incapacitated for labor for 10
days or more but not more than 30 days, or needs
medical attendance for the same period; and
10 days X 30 days
2. The physical injuries must not be those described in
the preceding articles.
Qualified Less Serious Physical Injuries:
1. A fine not exceeding P500, in addition to arresto
mayor, shall be imposed for less serious physical
injuries when:
a. There is manifest intent to insult or offend the injured
person; or
b. There are circumstances adding ignominy to the
offense.
2. A higher penalty is imposed when the victim is either:
a. The offenders parent, ascendant, guardian, curator
or teacher; or
b. Persons of rank or persons in authority, provided
the crime is not direct assault.

ARTICLE 266
SLIGHT PHYSICAL INJURIES
AND MALTREATMENT
Kinds:
1. Physical injuries which incapacitated the offended
party for labor from one to nine days, or required
medical attendance during the same period;
2. Physical injuries which did not prevent the offended
party from engaging in his habitual work or which did
not require medical attendance; and
3. Ill-treatment of another by deed without causing any
injury.
Example: Any physical violence which does not produce
injury, such as slapping the face of the offended party,
without causing a dishonor.
When there is no evidence of actual injury, it is only slight
physical injuries.
Supervening event converting the crime into serious
physical injuries after the filing of the information for slight
physical injuries can still be the subject of a new charge.
If physical injuries were inflicted with an intent to insult or
humiliate the injured person, the intent to insult or
humiliate shall be:
Considered as an aggravating circumstance of ignominy
in case of serious physical injuries.
Considered in increasing the penalty and qualifying the
crime in case of less serious physical injuries.
Separate crime of slander by deed in case of slight
physical injuries.

The law includes 2 subdivisions, to wit:


1. The inability for work; and
2. The necessity for medical attendance
Therefore, although the wound required medical
attendance for only 2 days, yet, if the injured party was
prevented from attending to his ordinary labor for a period
of 29 days, the physical injuries sustained are
denominated as less serious.
In the absence of proof as to the period of the offended
partys incapacity for labor or of required medical
attendance, offense committed is only slight physical
injuries.
There must be proof as to the period of the required
medical attendance (People v. Penesa, 81 Phil. 398, Aug.
19, 1948).

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Physical Injuries

Mutilation

No
SPECIAL
INTENTION to clip
off some part of the
body so as to deprive
he offended party of
such part.

There is a SPECIAL
INTENTION to clip off
some part of the body
so as to deprive him of
such part.

ANTI-HAZING LAW
(R.A. No. 8049)
Hazing
It is an initiation rite or practice as a prerequisite for
admission into membership in a fraternity, sorority or
organization by placing the recruit, neophyte or applicant
in some embarrassing or humiliating situations such as

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forcing him to do menial, silly, foolish, and similar activities
or otherwise subjecting him to physical or psychological
suffering or injury.
Allowed Initiation Rites (Section 2)
Those that have prior written notice to the school
authorities or head of organization 7 days before the
conduct of such initiation. The written notice shall contain
the following:
1. Period of the initiation activities which shall not exceed
3 days.
2. Names of those to be subjected to such activities.
3. Undertaking that no physical violence be employed by
anybody.
What acts are punishable: All acts so long as it caused
physical injuries at the very least.
Persons liable:
1. Officers and members of the fraternity, sorority or
organization who actually participated in the infliction of
physical harm shall be liable as principals if the
person subjected to hazing suffers any physical injury or
dies as a result thereof.
2. Owner of the place where the hazing is conducted
shall be liable as an accomplice when he has actual
knowledge of the hazing conducted therein but failed to
take any action to prevent the same from occurring.
3. Parents shall be liable as principals when they
have actual knowledge of the hazing conducted in the
home of one of the officers or members of the fraternity,
sorority or organization, but failed to prevent the same.
4. School authorities and faculty members shall be
liable as accomplices when they consent to the
hazing or have actual knowledge thereof, but failed to
take any action to prevent the same from occurring.
5. Officers, former officers or alumni of the organization,
group, fraternity or sorority shall be liable as principals
if they actually planned the hazing, although not present
when the acts constituting the hazing were committed.
6. Officers or members of the organization, group,
fraternity or sorority shall be liable as principals if they
knowingly cooperated in carrying out the hazing by
inducing the victim to be present thereat.
7. The fraternity or sororitys adviser shall be liable as
principal - if he was present when the acts constituting
the hazing were committed and failed to take any action
to prevent the same.
The presence of any person (i.e. whether or not member
of the fraternity/sorority) during the hazing is prima facie
evidence of participation therein as a principal UNLESS
he prevented the commission of the prohibited acts.
The mitigating circumstance that there was no intention to

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commit so grave a wrong shall NOT APPLY (Sec. 4, par.


e, R.A. No. 8049).
REPUBLIC ACT NO. 9262
ANTI-VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN ACT OF 2004
Violence against women and their children refers to
any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against a
woman with whom the person has or had a sexual or
dating relationship, or with whom he has a common child,
or against her child whether legitimate or illegitimate,
within or without the family abode, which result in or is
likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such
acts, battery, assault, coercion, harassment or arbitrary
deprivation of liberty. It includes, but is not limited to, the
following acts:
1. "Physical Violence" refers to acts that include bodily or
physical harm;
2. "Sexual violence" refers to an act which is sexual in
nature, committed against a woman or her child. It
includes, but is not limited to:
a. rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object,
making demeaning and sexually suggestive
remarks, physically attacking the sexual parts of
the victim's body, forcing her/him to watch obscene
publications and indecent shows or forcing the
woman or her child to do indecent acts and/or
make films thereof, forcing the wife and
mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser;
b. acts causing or attempting to cause the victim to
engage in any sexual activity by force, threat of
force, physical or other harm or threat of physical or
other harm or coercion;
c. Prostituting the woman or child.
3. "Psychological violence" refers to acts or omissions
causing or likely to cause mental or emotional suffering
of the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public
ridicule or humiliation, repeated verbal abuse and
mental infidelity. It includes causing or allowing the
victim to witness the physical, sexual or psychological
abuse of a member of the family to which the victim
belongs, or to witness pornography in any form or to
witness abusive injury to pets or to unlawful or
unwanted deprivation of the right to custody and/or
visitation of common children.
4. "Economic abuse" refers to acts that make or attempt to
make a woman financially dependent which includes,
but is not limited to the following:

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a. withdrawal of financial support or preventing the
victim from engaging in any legitimate profession,
occupation, business or activity, except in cases
wherein the other spouse/partner objects on valid,
serious and moral grounds as defined in Article 73
of the Family Code;
b. deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment of
the conjugal, community or property owned in
common;
c. destroying household property;
d. controlling the victims' own money or properties or
solely controlling the conjugal money or properties
(Sec 3).

Punishable Acts
The crime of violence against women and their children is
committed through any of the following acts:
1. Causing physical harm to the woman or her child;
2. Threatening to cause the woman or her child physical
harm;
3. Attempting to cause the woman or her child physical
harm;
4. Placing the woman or her child in fear of imminent
physical harm;
5. Attempting to compel or compelling the woman or her
child to engage in conduct which the woman or her
child has the right to desist from or desist from conduct
which the woman or her child has the right to engage
in, or attempting to restrict or restricting the woman's
or her child's freedom of movement or conduct by
force or threat of force, physical or other harm or threat
of physical or other harm, or intimidation directed
against the woman or child. This shall include, but not
limited to, the following acts committed with the
purpose or effect of controlling or restricting the
woman's or her child's movement or conduct:
a. Threatening to deprive or actually depriving the
woman or her child of custody to her/his family;
b. Depriving or threatening to deprive the woman or
her children of financial support legally due her or
her family, or deliberately providing the woman's
children insufficient financial support;
c. Depriving or threatening to deprive the woman or
her child of a legal right;
d. Preventing the woman in engaging in any legitimate
profession, occupation, business or activity or
controlling the victim's own mon4ey or properties,
or solely controlling the conjugal or common
money, or properties;
6. Inflicting or threatening to inflict physical harm on
oneself for the purpose of controlling her actions or
decisions;

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7. Causing or attempting to cause the woman or her child


to engage in any sexual activity which does not
constitute rape, by force or threat of force, physical
harm, or through intimidation directed against the
woman or her child or her/his immediate family;
8. Engaging in purposeful, knowing, or reckless conduct,
personally or through another, that alarms or causes
substantial emotional or psychological distress to the
woman or her child. This shall include, but not be
limited to, the following acts:
a. Stalking or following the woman or her child in
public or private places;
b. Peering in the window or lingering outside the
residence of the woman or her child;
c. Entering or remaining in the dwelling or on the
property of the woman or her child against her/his
will;
d. Destroying the property and personal belongings or
inflicting harm to animals or pets of the woman or
her child; and
e. Engaging in any form of harassment or violence;
9. Causing mental or emotional anguish, public ridicule or
humiliation to the woman or her child, including, but
not limited to, repeated verbal and emotional abuse,
and denial of financial support or custody of minor
children of access to the woman's child/children
(Sec.5).
CHAPTER THREE: RAPE
(ARTS. 266-A 266-D)

ARTICLE 266-A
THE ANTI-RAPE LAW (RA 8353)
Classification of Rape
1. Traditional Rape under Art. 335 carnal knowledge
of a woman against her will; in this case, the offender is
always a man and the offended party is always a
woman.
2.
Sexual Assault under R.A. 8353 this is
committed when the offender inserts his penis to
another persons mouth or anal orifice or by inserting an
instrument or object into the genital or anal orifice of
another person. The offender and the offended party
can either be a man or a woman in the case of the
insertion of any instrument or object.
How rape is committed:
1. By a man who shall have carnal knowledge of a
woman under any of the following circumstances:
a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or
otherwise unconscious;
c. By means of fraudulent machinations or grave abuse
of authority;

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d. When the offended party is under twelve (12) years
of age or is demented, even though none of the
circumstances mentioned above be present.
Elements:
a. That the offender is a man;
b. That the offender had carnal knowledge of a woman;
and
c. That such act is accomplished under any of the
following circumstances:
i. By using force, threat or intimidation; or
ii. When the woman is deprived of reason or
otherwise unconscious; or
iii. By means of fraudulent machination or grave
abuse of authority; or
iv. When the woman is under 12 years of age or
demented.
Notes: The offender must not have known that the
victim is demented, otherwise qualified rape is
committed.
Circumstance (iv) does not only pertain to
chronological age but also to mental age (People vs.
Atento, G.R. No. 84728 April 26, 1991).
2. By any person who, under any of the circumstances
mentioned in paragraph 1, shall commit an act of
sexual assault by inserting his penis into another
persons mouth or anal orifice, or any instrument or
object, into the genital or anal orifice of another
person.
Elements:
a. That the offender commits an act of sexual assault;
b. That the act of sexual assault is committed by any
of the following means:
i. By inserting his penis into another persons
mouth or anal orifice; or
ii. By inserting any instrument or object into the
genital or anal orifice of another person.
c. That the act of sexual assault is accomplished
under any of the circumstances enumerated under
the first act of committing rape.
Under R.A. 8353, the crime of rape can now be committed
by a male or a female.
To be CONSUMMATED, it is not essential that there be a
complete penetration of the female organ, neither is it
essential that there be a rupture of the hymen.
However, there must be sufficient and convincing proof
that the penis indeed touched the labias or slid into the
female organ, and not merely stroked the external surface
thereof, for the accused to be convicted of consummated

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rape. Absent of any showing of the slightest penetration of


the female organ, it can only be attempted rape, if not acts
of lasciviousness (People vs. Campuhan, G.R. No.
129433, March 30, 2000).
For a charge for rape by sexual assault with the use of
ones fingers or any other object to be consummated,
there should be evidence of at least the slightest
penetration of the sexual organ and not merely a brush or
graze of its surface (People v. Dela Cruz, GR No. 180501,
December 24, 2008).
There is NO crime of FRUSTRATED RAPE. The slightest
penetration or mere touching of the genitals consummates
the crime of rape.
There is ATTEMPTED RAPE when there is no penetration
of the female organ because not all the acts of execution
were performed. However, there must be an intention to
have carnal knowledge of the woman against her will.
Acknowledgment of the consummated act is not
considered giving of consent.
In Statutory Rape (when the girl is under 12 years of age),
the offenders knowledge of the victims age is
IMMATERIAL.
When the girl is under 12 years of age, rape is committed
although she consented to the sexual act or even if the girl
is a prostitute. The law does not consider that kind of
consent as voluntary, as the offended party under 12
years of age cannot have a will of her own.
If the offended woman is below 12 years of age, it is
always rape. Her mental, and not only the chronological
age is considered. Thus, it is still rape if the woman is 13
years old with a mental capacity of a 5 year old.
Furthermore, the amendatory law has added the more
glaring and unfortunate situation of a demented girl.
Example: 31 year old mental retardate with the mental
capacity of a 5-year-old (People vs. Manlapaz, G.R. No.
L-41819, Feb. 28, 1978).
Force employed against the victim of rape need not be of
such character as could not be resisted. It is enough that
the force used is sufficient to consummate the culprits
purpose of copulating with the victim.
The test is whether the threat or intimidation produces a
reasonable fear in the mind of victim that if she resists or
does not yield to the desires of thee accused, the threat
would be carried out.
If the woman contributed in some way to the

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consummation of the act, this may constitute an offense
other than rape.

The relationship of stepdaughter and stepfather


presupposes a legitimate relationship between the
victims mother and the offender, i.e., they were married
after the marriage of the victims mother to her father
was dissolved (People vs. Melendres, G.R. 1339994001, Aug. 31, 2000).

Intimidation
Includes the moral kind; Intimidation must be viewed in
light of the victims perception and judgment at the time of
rape and not by any hard and fast rule.
Having sex with a deaf-mute is not rape in the absence of
proof that she is imbecile.
There is NO crime of rape if liquor or drug is used to
induce the victims consent so as to incite her passion and
it did not deprive her of her will power.
Moral ascendancy or influence exercised by the accused
over the victim substitutes for the element of physical
force or intimidation in cases of rape.
Rape Shield Rule Character of the woman is immaterial
in rape. It is no defense that the woman is of unchaste
character, provided the illicit relations were committed with
force and violence, etc.
Rape may be committed using the fingers under the
second act, but the instrument or object other than the
penis must be inserted into the genital or anal orifice of
another person (Obaa v. Hon. Soriano, G.R. No. 60353.
Aug. 21, 2001).
ARTICLE 266-B
QUALIFIED RAPE
Rape under both acts of committing it is qualified by
the following:
1. When rape is committed with the use of a deadly
weapon or by two or more persons;
2. When by reason or occasion of rape, the victim has
become insane;
3. When the rape is attempted and a homicide is
committed by reason of or on the occasion of rape
(special complex crime);
4. When by reason of or on occasion of rape, homicide
is committed (special complex crime);
5. When the victim is under 18 years of age and the
offender is a parent, ascendant, step-parent, guardian,
relative by consanguinity or affinity within the third civil
degree, or the common law spouse of the parent of the
victim;
The statement that the victim is the minor daughter of
the offender is not enough. It is essential that the
information must state the exact age of the victim at the
time of the commission of the crime (People v.
Baniguid, G.R. No. 137714, Sept. 8, 2000).

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When the victim is under the custody of the police or


military authorities or any law enforcement or penal
institution;
6.

When the rape is committed in full view of the


spouse, parent, or any of the children or other relatives
within the third civil degree of consanguinity;
7. When the victim is a religious engaged in legitimate
religious vocation or calling and is personally known to
be such by the offender before or at the time of the
commission of the crime;
8. When the victim is a child below 7 years old;
9. When the offender knows that he is afflicted with
HIV/AIDS or any other sexually transmissible disease
and the virus or disease is transmitted to the victim;
10. When committed by any member of the AFP or paramilitary units thereof of the PNP or any law
enforcement agency or penal institution, when the
offender took advantage of his position to facilitate the
commission of the crime;
11. When by reason or on the occasion of the rape, the
victim has suffered permanent physical mutilation or
disability;
12. When the offender knew of the pregnancy of the
offended party at the time of the commission of the
crime;
13. When the offender knew of the mental disability,
emotional disorder and/or physical disability of the
offended party at the time of the commission of the
crime.
Rape with homicide is a special complex crime, but when
homicide is committed NOT by reason or on the occasion
of rape, there is no special complex crime of rape with
homicide.
ARTICLE 266-C
EFFECT OF PARDON
Effects of pardon:
1. The subsequent valid marriage between the offender
and the offended party shall extinguish:
a. The criminal action or
b. The penalty already imposed.

2. The subsequent forgiveness of the wife to the legal


husband shall extinguish the criminal action or the

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penalty, PROVIDED that the crime shall not be
extinguished or the penalty shall not be abated if the
marriage is void ab initio. This is an exception to the
rule that forgiveness by the offended party shall not
extinguish the penal action in crimes against persons.
Since rape is now a crime against persons, marriage
extinguishes the penal action only as to the principal, i.e.
the husband, but not as to the accomplices and
accessories.
The principle does not apply where MULTIPLE RAPE was
committed because while marriage with one defendant
extinguishes the criminal liability, its benefits cannot be
extended to the acts committed by the others of which he
is a co-principal.
Prior to RA No. 8353, a husband cannot be guilty of rape
committed upon his wife because of the matrimonial
consent which she gave when she assumed the marriage
relation. However, under Art 266-C of RA No. 8353, a
husband may be guilty of rape of his wife if it is the legal
husband who is the offender.
ARTICLE 266-D
PRESUMPTIONS
Evidence which may be accepted in the prosecution
of rape:
1. Any physical overt act manifesting resistance against
the act of rape in any degree from the offended party;
or
2. Where the offended party is so situated as to render
him/her incapable of giving his/her consent.

TITLE NINE: CRIMES AGAINST


PERSONAL LIBERTY AND SECURITY
SECTION ONE: ILLEGAL DETENTION

The detention is illegal when not ordered by competent


authority or not permitted by law.
4. That in the commission of the offense, any of the
following circumstances is present:
a. That the kidnapping or detention lasts for more than
3 days; or
b. That it is committed simulating public authority; or
c. That any serious physical injuries are inflicted upon
the person kidnapped or detained or threats to kill
him are made; or
d. That the person kidnapped or detained is a minor,
female, or a public officer (People vs. Mercado, G.R.
No. L-65152, August 30, 1984).
It is NOT necessary that the victim be placed in an
enclosure. It may consist not only in placing a person in
an enclosure but also in detaining him or depriving him in
any manner of his liberty, as long as the victim is detained
or deprived in any manner of his liberty.
The original Spanish version of Art. 267 of the RPC used
the term "lock up" (encarcerar) rather than "kidnap"
(sequestrator or raptor) which "includes not only the
imprisonment of a person but also the deprivation of his
liberty in whatever form and for whatever length of time"
(People v. Baldogo, G.R. Nos. 128106-07, January 24,
2003).
The crime is committed when the offender left the child in
the house of another, where the child had freedom of
locomotion but not the freedom to leave it at will because
of his tender age (People v. Acosta, 60 O.G. 6999).
When Death Penalty is imposed
1. If the purpose is to extort ransom;
Ransom
It is the money, price, or consideration paid or
demanded for redemption of a captured person or
persons, a payment that releases from captivity.
2. When the victim is killed or dies as a consequence of
the detention;
3. When the victim is raped; or
4. When the victim is subjected to torture or dehumanizing
acts.

ARTICLE 267
KIDNAPPING AND SERIOUS
ILLEGAL DETENTION
Elements:
1. That the offender is a private individual who is not any
of the parents of the victim nor a female; (People vs.
Ponce, G.R. No. 171653, April 24, 2007);
2. That he kidnaps or detains another, or in any other
manner deprives the latter of his liberty;
3. That the act of detention or kidnapping must be illegal;
and

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The essence of the crime of kidnapping is the actual


deprivation of the victims liberty coupled with the intent of
the accused to effect it (People v. Pavillare G.R. No.
129970, April 5, 2000).
If the person killed, tortured or raped is not the same
victim of kidnapping or detention, the crimes may be
complexed or considered as separate offenses.

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The essential element or act which makes the offense
kidnapping is the deprivation of an offended partys liberty
under any of the four circumstances enumerated.
But when the kidnapping or detention was committed for
the purpose of extorting ransom, it is not necessary that
one or any of such circumstances enumerated in the first
par. of Art. 267 be present. Actual demand for ransom is
NOT necessary.
Where the person kidnapped is killed in the course of the
detention, regardless of whether the killing was purposely
sought or was merely an afterthought, the kidnapping and
murder or homicide can no longer be complexed under
Art. 48 nor be treated as separate crimes but shall be
punished as a special complex crime under the last
paragraph of Art. 267, as amended by RA 7659.
Regardless of the number of the victims killed, there is
only one crime of special complex crime of kidnapping
with homicide or murder, as the case may be. However, if
the person killed is not the kidnap victim, it shall be treated
as a separate crime of homicide or murder, as the case
may be.
When the victim is a minor and the accused is any of the
parents, the penalty is that provided for in Art. 271 par.2,
RPC.
Where there is no showing that the accused intended to
deprive their victims of their liberty for some time and for
some purpose, and there being no appreciable interval
between their being taken and their being shot from which
kidnapping may be inferred, the crimes committed were
murder and frustrated murder and not the complex crimes
of kidnapping with murder and kidnapping with frustrated
murder.
If the primary and ultimate purpose of the accused is to kill
the victim, the incidental deprivation of the victims liberty
does not constitute the felony of kidnapping but is merely
a preparatory act to the killing, and hence, is merged into,
or absorbed by, the killing of the victim (People v. Delim,
G.R. No. 142773, Jan. 28, 2003).
There is no kidnapping with murder, but only murder
where a 3-year old child was gagged, hidden in a box
where he died and ransom asked. The demand for
ransom did not convert the offense into kidnapping with
murder. The defendant was well aware that the child
would be suffocated to death in a few moments after she
left. The demand for ransom is only a part of the diabolic
scheme of the defendant to murder the child, to conceal
his body and then demand money before the discovery of

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the cadaver (People vs. Lora, G.R. No.49430, March 30,


1982).
Illegal Detention
Committed by a private
individual
who
unlawfully
kidnaps,
detains or otherwise
deprives a person of
liberty.
Crime
is
against
personal liberty and
security.

Arbitrary Detention
Committed by a public
officer or employee
who detains a person
without legal ground.

Kidnapping with Rape

Forcible Abduction
with Rape
At the outset, there is
already lewd design.

Lewd design came after


the intent to kidnap the
victim.
It is a special complex
crime.

If there is an attempted
rape, it shall be
considered a separate
crime.

If there are multiple


rapes, there is only one
special complex crime
of Kidnapping with
Rape.

Crime against the


fundamental laws of
the State.

It is a complex crime
under Article 48 since
forcible abduction is a
necessary means of
committing the crime
of rape.
If there is an
attempted rape, the
crime committed is
only
forcible
abduction, the former
being an expression
of the lewd design.
If there are multiple
rapes, only one is
complexed
with
forcible abduction and
the rest shall be
considered
as
separate crimes.

ARTICLE 268
SLIGHT ILLEGAL DETENTION
Elements:
1. That the offender is a private individual;
2. That he kidnaps or detains another, or in any manner
deprives him of his liberty;
3. That the act of kidnapping or detention is illegal; and
4. That the crime is committed without the attendance of
the circumstances enumerated in Art. 267.
Liability is mitigated
circumstances concur:

when

the

following

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1. Offender voluntarily releases the person so
kidnapped or detained within three days from the
commencement of the detention
2. Without having attained the purpose intended; and
3. Before the institution of criminal proceedings against
him.
When the victim is female, the detention is under Art 267;
voluntary release is not mitigating there.
Liability of accomplice in Slight Illegal Detention
The same penalty of reclusion temporal shall be incurred
by anyone who shall furnish the place for the perpetration
of the crime. His participation is raised to that of a real coprincipal. If the crime is under Article 267, he is a mere
accomplice unless there was conspiracy.
ARTICLE 269
UNLAWFUL ARREST
Elements:
1. That the offender arrests or detains another person;
2. That the purpose of the offender is to deliver him to the
proper authorities; and
3. That the arrest or detention is unauthorized by law or
there is no reasonable ground therefor.
The offender is any person, whether a public officer or a
private individual. However, the public officer must not be
vested with the authority to arrest or detain a person or
must not act in his official capacity. Otherwise, Art. 124 is
applicable and not Art. 269.
Unlawful Arrest

Other Illegal
Detention

Purpose of locking up
or detaining the victim is
to deliver him to the
proper authorities, and
develops to be unlawful.

Any other case.

No period of detention is fixed by law under Art. 269 but


the motive of the offender is controlling.
Delay in the Delivery of
Detained Persons
Detention is for some legal
ground

Committed by failing to
deliver such person to the
proper judicial authority
within a certain period

Committed by
making an arrest
not authorized by
law

SECTION TWO: KIDNAPPING OF MINORS


ARTICLE 270
KIDNAPPING & FAILURE TO RETURN A MINOR
Elements: (EF)
1. That the offender is entrusted with the custody of a
minor person (less than 18 years old); this is the
essential element
2. That he deliberately fails to restore the said minor to
his parents or guardian;
This may also be committed by the mother or father of the
child. When committed by either parent, penalty is only
arresto mayor.
Kidnapping and failure to return a minor (Art. 270) is
necessarily included in Kidnapping and Serious Illegal
Detention of Minor (Par. 4 of Art. 267), but what
differentiates them are the following:
Kidnapping and
Serious Illegal
Detention of Minors

Kidnapping and
Failure to Return a
Minor

Offender
is
not
entrusted with the
custody of the victim.

Offender is entrusted
with the custody of
the minor.

What is punished is
the Illegal detaining or
kidnapping of the
minor.

What is punished is
the deliberate failure
of the offender having
the custody of the
minor to restore him
to his parents or
guardian.

ARTICLE 271
INDUCING A MINOR TO ABANDON
HIS HOME

Unlawful Arrest
Detention is not
authorized
by
law

Elements:
1. That a minor (less than 18 years old) is living in the
home of his parents or guardian or the person entrusted
with his custody; and
2. That the offender induces said minor to abandon such
home.

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Inducement must be (a) actual, (b) committed with
criminal intent and (c) determined by a will to cause
damage.
The crime committed may be exploitation of minors
depending on the purpose of the inducement.
To induce
Means to influence; to prevail on; to move by persuasion;
or to incite by motives.
Father or mother may commit crimes under Arts. 270 &
271 where they are living separately and the custody of
the minor children has been given to one of them.
It is not necessary that the minor actually abandons the
home.
The minor should not leave his home on his own free will
(People v. Ricarte C.A. 49 O.G. 974).
SECTION THREE:
SLAVERY AND SERVITUDE
ARTICLE 272
SLAVERY

if the minor consents to the offenders retaining his


services, there is no violation of this article.
ARTICLE 274
SERVICES RENDERED UNDER
COMPULSION IN PAYMENT OF DEBT
Elements:
1. That the offender compels a debtor to work for him,
either as household servant or farm laborer;
2. That it is against the debtors will; and
3. That the purpose is to require or enforce the payment
of a debt.
Note: Creditor-Debtor relationship between the offender
and the offended party must exist, otherwise, the crime
committed is coercion.
There is no violation of this article if a debtor is compelled
to work as an office janitor because this article specifically
provides that the debtor is compelled to work as a
household servant or farm laborer (Reyes, The Revised
Penal Code Book II, 17th ed., 2008 p. 597).
Exploitation of Child
Labor

Elements:
1. That the offender purchases, sells, kidnaps or detains a
human being; and
2. That the purpose of the offender is to enslave such
human being.
Qualifying circumstance: When the purpose of the
offender is to assign the offended party to some immoral
traffic.
If the victim is female, the crime committed may be that
under Art. 341 or white slave trade.
The purpose must be determined, if the purpose is to
enslave the victim, it is slavery; otherwise, it is kidnapping
or illegal detention.

Services Rendered
under Compulsion in
Payment of Debt

Victim is a minor

Does not distinguish


whether the victim is a
minor or not

Minor is compelled to
render services for the
supposed debt of his
parent or guardian.

Debtor himself is the


one compelled to work
for the offender.

Service of minor is not


limited to household
and farm work.

Limited to household
and farm work.
If in other capacities,
crime committed may
be coercion.

CHAPTER TWO: CRIMES AGAINST


SECURITY
(ARTS. 275-289)

ARTICLE 273
EXPLOITATION OF CHILD LABOR
Elements:
1. That the offender retains a minor in his service;
2. That it is against the will of the minor; and
3. That it is under pretext of reimbursing himself of a debt
incurred by an ascendant, guardian or person entrusted
with the custody of such minor.
Note the phrase against the (minors) latters will; hence,

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SECTION ONE: ABANDONMENT OF HELPLESS


PERSONS AND EXPLOITATION OF MINORS
ARTICLE 275
ABANDONMENT OF PERSONS IN DANGER AND
ABANDONMENT OF ONES OWN VICTIM

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Acts punished:
1. By failing to render assistance to any person whom the
offender finds in an uninhabited place wounded or in
danger of dying when he can render such assistance
without detriment to himself, unless such omission
shall constitute a more serious offense.
Elements:
a. The place is uninhabited;
b. The accused found there a person wounded or in
danger of dying;
c. The accused can render assistance without
detriment to himself; and
d. The accused fails to render assistance.

to crimes against persons, and not to crimes against


security, particularly the crime of abandoning a minor
under Art. 176.
If the intent in abandoning the child is to lose its civil
status, the crime under Art. 347 (concealment or
abandonment of a legitimate child) is committed.
Circumstances Qualifying the Offense:
1. When the death of the minor resulted from such
abandonment; or
2. If the life of the minor was in danger because of the
abandonment.

2. By failing to help or render assistance to another whom


the offender has accidentally wounded or injured.

The act must be conscious and deliberate such that the


abandonment deprives the child of the care and protection
from danger to his person.

3. By failing to deliver a child under seven years of age


whom the offender has found abandoned, to the
authorities or to his family, or by failing to take him to a
safe place.

ARTICLE 277
ABANDONMENT OF MINOR ENTRUSTED WITH HIS
CUSTODY;
INDIFFERENCE OF PARENTS

Uninhabited place
It is determined by possibility
assistance from another. The
considered uninhabited in legal
there are many houses around
receiving assistance is remote.

of person receiving
place may still be
contemplation even if
but the possibility of

The child under seven years of age must be found in an


unsafe place.
It is immaterial that the offender did not know that the child
is under seven years.
ARTICLE 276
ABANDONING A MINOR
Elements:
1. That the offender has the custody of a child;
2. That the child is under seven years of age;
3. That he abandons such child; and
4. That he has no intent to kill the child when the latter is
abandoned.
If there is intent to kill and the child dies, the crime would
be murder, parricide, or infanticide, as the case may be. If
the child does not die, it is attempted or frustrated murder,
parricide or infanticide, as the case may be.
Intent to kill cannot be presumed from the death of the
child. The ruling that intent to kill is conclusively presumed
from the death of the victim of the crime is applicable only

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Acts punished:
1. By delivering a minor to a public institution or other
persons without the consent of the one who entrusted
such minor to the care of the offender or, in the
absence of that one, without the consent of the proper
authorities.
Elements of Abandonment of Minor:
1. That the offender has charge of the rearing or
education of a minor;
2. That he delivers said minor to a public institution
or other persons and;
3. That the one who entrusted such child to the
offender has not consented to such act, or if the
one who entrusted such child to the offender is
absent, the proper authorities have not consented
to it.
2. By neglecting his (offenders) children by not giving
them the education which their station in life requires
and financial condition permits.
Elements of Indifference of Parents:
1. That the offender is a parent;
2. That he neglects his children by not giving them
education;
3. That his station in life requires such education and
his financial condition permits it.
Failure to give education must be due to deliberate desire
to evade such obligation.

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The "neglect of child" punished under Art. 59(4) of PD 603
is also a crime (known as "indifference of parents")
penalized under the second paragraph of Art. 277 of the
RPC (De Guzman v. Perez, et al. G.R. No. 156013, July
25, 2006). The detention is illegal when not ordered by
competent authority or not permitted by law.

habitual vagrant or beggar, the offender being any


person.
Must be of such nature as to endanger the life or safety of
the minor.
Qualifying Circumstance: Delivery of the child is made
in consideration of any price, compensation or promise.

Abandonment of
Minor by Persons
Entrusted with
Custody

Abandonment
of Minor

The custody of the


offender is specific, that
is, the custody for the
rearing or education of
the minor.

The custody of the


offender is stated in
general.

Minor is under 18 years


of age.

Minor is under 7 years


of age.

Minor is delivered to a
public institution or
other person.

Minor is abandoned in
such a way as to
deprive him of the
care and protection
that his tender years
need.

Exploitation of Minors
(Art 278, par. 5)

Inducing A Minor to
Abandon his Home
(Art. 271)

The
purpose
of
inducing the minor to
abandon the home is to
follow any person
engaged in any of the
callings mentioned.

No such purpose.

Victim is under 16 years


of age.

Victim is
a minor
(under 18 years of
age).

R.A. 7610 punishes abuse, exploitation and discrimination


of minors
ARTICLE 279
ADDITIONAL PENALTIES FOR
OTHER OFFENSES

ARTICLE 278
EXPLOITATION OF MINORS
Acts Punished:
1. Causing any boy or girl under 16 years of age to
perform any dangerous feat of balancing, physical
strength, or contortion, the offender being any person.
2. Employing children under 16 years of age who are not
children or descendants of the offender in exhibitions
of acrobat, gymnast, rope-walker, diver, or wild animal
tamer, the offender being an acrobat, etc., or circus
manager or engaged in a similar calling.
3. Employing any descendant under 12 years of age in
dangerous exhibitions enumerated in the next
preceding paragraph, the offender being engaged in
any of said callings.
4. Delivering a child under 16 years of age gratuitously to
any person following any calling enumerated in
paragraph two, or to any habitual vagrant or beggar,
the offender being an ascendant, guardian, teacher, or
person entrusted in any capacity with the care of such
child.
5. Inducing any child under 16 years of age to abandon
the home of its ascendants, guardians, curators or
teachers to follow any person engaged in any calling
mentioned in paragraph two, or to accompany any

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Imposition of the penalties prescribed in the preceding


articles (Art 275-278) shall not prevent the imposition
upon the same person of the penalty provided for any
other felonies defined and punished under the RPC.
SECTION TWO: TRESPASS TO DWELLING
ARTICLE 280
QUALIFIED TRESPASS TO DWELLING
Elements:
1. That the offender is a private person;
2. That he enters the dwelling of another;
3. That such entrance is against the will of the owner or
occupant.
Rationale: To protect and preserve by law the privacy of
ones dwelling.
Qualifying Circumstance: If committed by means of
violence/intimidation.
Simple Trespass to
Dwelling

Qualified Trespass to
Dwelling

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Offender enters the
dwelling of another and
the entrance is against
the latters will.

intended to be done, what is committed is trespass to


dwelling.

Offender enters the


dwelling of another
against the latters will
and the offense is
committed by means
of
violence
or
intimidation.

Trespass may be committed by the owner of a dwelling


(i.e. lessor enters the house leased to another against the
latter's will).

Dwelling place
Means any building or structure exclusively devoted for
rest and comfort. It is not necessary that it be the
permanent dwelling of the person.
Determining factor of whether a building is a dwelling
depends upon the use to which it is put.
In general, all members of a household must be presumed
to have authority to extend an invitation to enter the
house.
To commit trespass, the entrance by the accused should
be against the presumed/implied or express prohibition of
the occupant. Lack of permission does not amount to
prohibition.
There is an implied prohibition when entrance is made
through means not intended for ingress.
Rule: Whoever enters the dwelling of another at late hour
of the night after the inmates have retired and closed their
doors does so against their will. Prohibition in this case is
presumed.
If a person was killed after trespass by the offender, the
following crimes are committed:
a. If there was no intent to kill when he entered separate
crimes of homicide or murder and qualified trespass to
dwelling.
b. If there was intent to kill when he entered the crime of
homicide/murder with dwelling as an aggravating
circumstance.
Prohibition must be in existence prior to or at the time of
entrance.

If the offender is a public officer or employee, the crime


committed is violation of domicile.
Cases to which the provision of this article is NOT
applicable:
1. If the entrance to anothers dwelling is made for the
purpose of preventing some serious harm to himself,
the occupants of the dwelling or a third person.
2. If the purpose is to render some service to humanity or
justice.
3. If the place where entrance is made is a caf, tavern,
inn and other public house, while the same are open.
Note: A person who believes that a crime has been
committed against him has every right to go after the
culprit and arrest him without any warrant even if in the
process he enters the house of another against the latters
will. (Sec. 6, Rule 113, Rules of Court)
ARTICLE 281
OTHER FORMS OF TRESPASS
Elements:
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
uninhabited;
3. That the prohibition to enter be manifest; and
4. That the trespasser has not secured the permission of
the owner or the caretaker thereof.
Qualified
Trespass to
Dwelling

Other Forms of
Trespass

Offender is a private
person.

The offender is any


person.

Prohibition is not necessary when violence or intimidation


is employed by the offender (qualified trespass).

Offender enters
dwelling house.

Violence/Intimidation may be the method by which one


may pass the threshold of the dwelling of another or the
conduct immediately after the entrance of the offender.

Offender
enters
closed premises or
fenced estate.

Place
entered
inhabited.

is

Place entered
uninhabited.

Ordinarily, all trespassers have intention to commit


another crime HOWEVER, if there is no overt act of crime

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Act constituting the
crime is entering the
dwelling against the will
of the owner.

It is the entering the


closed premises or the
fenced estate without
securing
the
permission of the
owner or caretaker
thereof.

Prohibition to enter is
express or implied.

Prohibition to enter
must be manifest.

wrong;
b. That such wrong amounts to a crime; and
c. That the threat is not subject to a condition.
The third form of grave threats must be serious in the
sense that it is deliberate and that the offender persists in
the idea involved in his threats.

Premises
Signifies distinct and definite locality. It may mean a room,
shop, building or definite area, but in either case, locality
is fixed.
SECTION THREE:
THREATS AND COERCION

Grave Threats

Light Threats

Act
threatened
amounts to a crime.

Act threatened does


not amount to a crime.

Threats

Coercion

Intimidation
essential.

ARTICLE 282
GRAVE THREATS
Acts punished:
1. By threatening another with the infliction upon his
person, honor, or property or that of his family of any
wrong amounting to a crime and demanding money or
imposing any other condition even though not
unlawful, and the offender attained his purpose. (with
condition)
Elements of Grave Threats where the offender
attained his purpose:
a. That the offender threatens another person with the
infliction upon the latters person, honor or property,
or upon that of the latters family, of any wrong;
b. That such wrong amounts to a crime;
c. That there is a demand for money or that any other
condition is imposed, even though not unlawful; and
d. That the offender attains his purpose.

is

Intimidation
or
Violence
is
the
essence of the crime.

future

Force or Violence
must be imminent,
actual and immediate.

Intimidation is directed
against the victim or his
family.

Intimidation is directed
against the victim
only.

Intimidation is
and conditional.

Qualifying Circumstance: If threat was made in writing


or through a middleman.
Intimidation (promise of future harm or injury) is the
essence of the crime.
The crime of threats is consummated the moment the
threat comes to the knowledge of the person threatened.
Threats made in connection with the commission of other
crimes are absorbed by the latter.

2. By making such threat without the offender attaining


his purpose (with condition; elements for this act are
the same with the first except that the purpose is not
attained).

If there is another crime actually committed or the


objective of the offender is another crime, and the threat is
only a means to commit it or a mere incident to its
commission, the threat is absorbed by the other crime.

3. By threatening another with the infliction upon his


person, honor or property or that of his family of any
wrong amounting to a crime, the threat not being
subject to a condition (without condition).

If the threat was made with the deliberate purpose of


creating in the mind of the person threatened the belief
that the threat would be carried into effect, the crime
committed is grave threats, and the minor crime which
accompanied it should be disregarded.

Elements of Grave Threats NOT subject to a


condition:
a. That the offender threatens another person with
the infliction upon the latters person, honor, or
property, or upon that of the latters family, of any

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When the offender demands the money or property on the


spot, the crime is not grave threats BUT robbery with
intimidation.

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Note: Under PD 1829, the following acts purpose of which
is to prevent a person from appearing in the investigation
of, or official proceedings in criminal cases is punishable:
a. Threatening directly or indirectly another with the
infliction of any wrong upon his person, honor or
property or that of any immediate member or members
of his family; or
b. Imposing a condition, whether lawful or unlawful.
ARTICLE 283
LIGHT THREATS
Elements:
1. That the offender makes a threat to commit a wrong;
2. That the wrong does not constitute a crime;
3. That there is a demand for money or that other
condition is imposed even though not unlawful; and
4. That the offender has attained his purpose or, that he
has not attained his purpose.
Light threats are committed in the same manner as grave
threats except that the act threatened to be committed
should not be a crime.
Note: Blackmailing may be punished under Art. 283.
ARTICLE 284
BOND FOR GOOD BEHAVIOR
When a person is required to give bail bond:
1. When he threatens another under the circumstances
mentioned in Art. 282.
2. When he threatens another under the circumstances
mentioned in Art. 283.
Bond to Keep the
Peace

Bond for a Good


Behavior

Provides for bond to


keep the peace.

Provides for bond for


good behavior.

Not made applicable to


any particular case.

Applicable only to
cases of grave threats
and light threats.

It is a distinct penalty.

It is an additional
penalty.

Bond to Keep the


Peace

Bond for a Good


Behavior

If the offender fails to


give the bond, he shall
be detained for a
period not exceeding 6
months (if prosecuted
for grave/less grave
felony)
or
not
exceeding 30 days (if
prosecuted for light
felony).

If he shall fail to give


bail, he shall be
sentenced
to
destierro.

ARTICLE 285
OTHER LIGHT THREATS
Acts Punished:
1. Threatening another with a weapon, or drawing such
weapon in a quarrel, unless it be in lawful self-defense.
2. Orally threatening another, in the heat of anger, with
some harm constituting a crime, without persisting in
the idea involved in his threat.
3. Orally threatening to do another any harm not
constituting a felony.
Where the threats are directed to a person who is absent
and uttered in a temporary fit of anger, the offense is only
other light threats.
Other Light Threats

Grave Threats and


Light Threats

No demand for money.

In certain cases,
demand for money is
material.

No condition imposed.

In certain cases,
imposed condition is
material.

Threat is not
deliberate.

Threat is deliberate.

ARTICLE 286
GRAVE COERCION
Two Ways of Committing Grave Coercion:
1. By preventing another by means of violence, threats or
intimidation, from doing something not prohibited by
law (Preventive).
If the thing prevented from execution is prohibited by
law, there will be no coercion.

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2. By compelling another, by means of violence, threats
or intimidation, to do something against his will,
whether it be right or wrong (Compulsive).
Preventive

Compulsive

The act prevented to


be done must not be
prohibited by law.

The act compelled to


be done by another
against his will may or
may not be prohibited
by law.

perform any religious act.


3. If the coercion is committed to prevent another from
performing any religious act.
Grave Coercion

When PREVENTING is not considered Coercion:


Under Art. 132: When a public officer prevents the
ceremonies of a religious group.

Use of violence upon


the offended party in
preventing or
compelling him to do
something against his
will.

Unjust Vexation

There is no violence
or intimidation.

Grave Coercion

Illegal Detention
Intent to deprive is
present.

Under Art. 145: When a person prevents a member of


Congress from attending meetings, expressing his
opinions or casting his vote through the use of force or
intimidation.

Intent to deprive the


offended party of his
liberty is not clear (i.e.
may freely leave the
house but is compelled
to return).

Under Article 287: When the violence is employed to seize


anything belonging to the debtor of the offender.

Grave Coercion

Maltreatment of
Prisoners

In grave coercion, the act of preventing by force must be


made at the time the offended party was doing or about to
do the act to be prevented. If the act was already done
when violence is exerted, the crime is unjust vexation.
(People vs. Madrid, C.A., 53 O.G. 711)

If the offended party is


not
a
prisoner,
extracting information
using
force
or
intimidation is coercion.

If the offended party is


a prisoner, extracting
information
using
force or intimidation is
maltreatment.

Under Art. 143: When a person prevents the meeting of a


legislative assembly.

When COMPELLING is not considered Coercion:


Under Art. 127: When a public officer compels a person to
change his residence.
Under Art. 267: When a person kidnaps his debtor to
compel him to pay.
Elements:
1. That a person prevented another from doing something
not prohibited by law, or by compelling him to do
something against his will, be it right or wrong;
2. That the prevention or compulsion be effected by
violence, threats or intimidation; and
3. That the person that restrained the will and liberty of
another has no right to do so, or in other words, that
the restraint is not made under authority of law or in
the exercise of any lawful right.
When PRISION MAYOR shall be imposed:
1. If the coercion is committed in violation of the exercise
of the right of suffrage.
2. If the coercion is committed to compel another to

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There is no grave coercion where the accused acted in


good faith in the performance of his duty.
Coercion is always consummated even if the offended
party did not accede to the purpose of the coercion.
ARTICLE 287
LIGHT COERCION
Elements:
1. That the offender must be a creditor;
2. That he seizes anything belonging to his debtor;
3. That the seizure of the thing be accomplished by
means of violence or a display of material force
producing intimidation; and
4. That the purpose of the offender is to apply the same
to the payment of the debt.

Unjust Vexation (Art. 287, par. 2)

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Includes any human conduct which although not
productive of some physical or material harm would,
however, unjustly annoy or vex an innocent person.
In determining whether the crime of unjust vexation is
committed, the offender's act must have caused
annoyance, irritation, vexation, torment, distress or
disturbance to the mind of the person to whom it is
directed.
It is distinguished from grave and light coercions by the
absence of violence.
Light coercion will be unjust vexation when the element of
violence is absent.
ARTICLE 288
OTHER SIMILAR COERCIONS (COMPULSORY
PURCHASE OF MERCHANDISE & PAYMENT OF
WAGES BY MEANS OF TOKENS)
Acts Punished:
1. Forcing or compelling, directly or indirectly, or
knowingly permitting the forcing or compelling of the
laborer or employee of the offender to purchase
merchandise or commodities of any kind from him
Elements:
a. That the offender is any person, agent or officer of
any association or corporation;
b. That he or such firm or corporation has employed
laborers or employees; and
c. That he forces or compels, directly or indirectly, or
knowingly permits to be forced or compelled, any of
his or its laborers or employees to purchase
merchandise or commodities of any kind from him
or from said firm or corporation.
2. Paying the wages due his laborer or employee by
means of tokens or objects other than the legal tender
currency of the Philippines, unless expressly
requested by such laborer or employee.
Elements:
a. That the offender pays the wages due a laborer or
employee employed by him by means of tokens or
objects;
b. That those tokens or objects are other than the
legal tender currency of the Philippines; and
c. That such employee or laborer does not expressly
request that he be paid by means of tokens or
objects.

unlawful under Art. 116 of the Labor Code, not under the
RPC. Wages shall be paid in legal tender and the use of
tokens, promissory notes, vouchers, coupons, or any
other form alleged to represent legal tender is absolutely
prohibited even when expressly requested by the
employee.
ARTICLE 289
FORMATION, MAINTENANCE, & PROHIBITION OF
COMBINATION OF CAPITAL OR LABOR THROUGH
VIOLENCE OR THREATS
Elements:
1. That the offender employs violence or threats, in such
a degree as to compel or force the laborers or
employers in the free and legal exercise of their
industry or work; and
2. That the purpose is to organize, maintain or prevent
coalitions of capital or laborers or lockout of
employers.
The act should not be a more serious offense.
Peaceful picketing is allowed. When the picketers employ
violence or if they make threats, they shall be held liable
for coercion.
Preventing employee from joining any registered labor
organization is punished under the Labor Code, not under
the RPC.
CHAPTER THREE: DISCOVERY AND
REVELATION OF SECRETS
(ARTS. 290-292)

ARTICLE 290
DISCOVERING SECRETS THROUGH
SEIZURE OF CORRESPONDENCE
Elements:
1. That the offender is a private individual or even a public
officer not in the exercise of his official function;
2. That he seizes the papers or letters of another;
3. That the purpose is to discover the secrets of such
other person; and
4. That the offender is informed of the contents of the
papers or letters seized.

Seize
Inducing an employee to give up any part of his wages by
force, stealth, intimidation, threat or by any other means is

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To place in the control of someone a thing or to give him
the possession thereof. It is not necessary that in the act,
there should be force or violence.

ARTICLE 291
REVEALING SECRETS WITH
ABUSE OF OFFICE

Qualifying Circumstance: Offender reveals the contents


of such paper or letter of another to a third person.

Elements:
1. That the offender is a manager, employee or servant;
2. That he learns the secrets of his principal or master in
such capacity;
3. That he reveals such secrets.

Prejudice is not an element of this offense.


There must be taking possession of papers or letters of
another even for a short time.
If the purpose of seizure is to cause damage, estafa is
committed.
If the purpose is to harass or annoy, the crime is unjust
vexation.

Public Officer
Revealing Secrets of
Private Individual

Private
individual
seizes the papers or
letters of another.

The secret is not


necessarily contained
in papers or letters.

It is necessary that
the offender seizes
the papers or letters
of another to discover
the secret of the latter.

Reveals
without
reason.

It is not necessary
that there by a secret,
and if there is a secret
discovered, it is not
necessary that it be
revealed.

the secret
justifiable

Act punished is the


revelation of secrets by
the officer by reason of
his office.

ARTICLE 292
REVELATION OF INDUSTRIAL SECRETS
Elements:
1. That the offender is a person in charge, employee or
workman of a manufacturing or industrial
establishment;
2. That the manufacturing/industrial establishment has a
secret of the industry which the offender has learned;
3. That the offender reveals such secrets;
4. That prejudice is caused to the owner.

Seizure of
Correspondence

Public officer comes to


know the secret of any
private individual by
reason of his office.

Secrets must be learned by reason of their employment.


Damage is not necessary.

Secrets must relate to manufacturing process.


Prejudice is an essential element in this offense because
Article 292 says to the prejudice of the owner thereof.

TITLE TEN: CRIMES AGAINST


PROPERTY
ARTICLE 293
WHO ARE GUILTY OF ROBBERY
Robbery
It is the taking of personal property belonging to another,
with intent to gain, by means of violence against, or
intimidation of any person, or using force upon anything.

Act punished is the


seizure
of
correspondence so as
to
discover
the
secrets
of
the
offended party.

Article 290 NOT applicable to:


1. Parents, guardians, or persons entrusted with the
custody of minors with respect to the papers or letters
of the children or minors placed under their care or
custody;
2. Spouses with respect to the papers or letters of either
of them.

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Classification of Robbery:
1. Robbery with violence against, or intimidation of
persons (Arts. 294, 297 and 298).
2. Robbery by use of force upon things (Arts. 299 and
302).
Elements of Robbery in general:
1. That there be personal property (bienes muebles)
belonging to another;
2. That there is unlawful taking (apoderamiento or
asportacion) of that property;
3. That the taking must be with intent to gain (animus
lucrandi); and

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4. That there is violence against or intimidation of any
person or force used upon things.
Personal property
As long as the personal property does not belong to the
accused who has a valid claim thereover, it is immaterial
whether said offender stole it from the owner, a mere
possessor, or even a thief of the property.
The property taken must be personal property, for if real
property is occupied or real right is usurped by means of
violence against or intimidation of persons, the crime is
usurpation (Reyes, p. 653).
Classification of personal property under the Civil Code
does not apply. The test is whether or not the object is
susceptible of appropriation and transportation
(Regalado).
Prohibited articles may be the subject matter of robbery.
Unlawful taking
1. Unlawful taking means appropriating a thing belonging
to another and placing it under one's control or
possession.
2. Unlawful taking is COMPLETE:
a. Robbery with violence against or intimidation of
persons offender has already the possession of
the thing even if he has no opportunity to dispose of
it.
b. Robbery with force upon things the thing must be
brought outside the building for consummated
robbery to be committed.

property, an impossible crime is committed.


If there was no intent to gain, estafa or coercion may be
committed.
Violence or Intimidation
Must be present BEFORE the taking of personal property
is complete. But when the violence results in homicide,
rape, intentional mutilation or any of the serious physical
injuries penalized in Par. 1 and 2 of Art 263, the taking of
the personal property is robbery complexed with any of
those crimes under Art. 294, even if the taking was
already complete when the violence was used by the
offender.
Art. 294 applies only where robbery with violence against
or intimidation of persons takes place without entering an
inhabited house under the circumstances in Art. 299.
When both circumstances are present, the offense shall
be considered as a complex crime under Art. 48, and the
penalty shall be for the graver offense in the maximum
period (Napolis v. CA, No. L- 28865, Feb 28, 1972).
If it is the owner who forcibly takes the personalty from its
lawful possessor, the crime is estafa under Art. 316(3)
since the former cannot commit robbery on his own
property even if he uses violence or intimidation.
Whenever violence against or intimidation of any person is
used, the taking of personal property is always robbery. If
there is no violence or intimidation, but only force upon
things, the taking is robbery only if the force is used either
to enter the building or to break doors, wardrobes, chests,
or any other kind of locked or sealed furniture or
receptacle inside the building or to force them open
outside after taking the same from the building.

Intent to gain
Intent to gain is presumed from the unlawful taking of
personal property.

In the absence of this element, the crime committed is


theft.

The elements of personal property belonging to another


and that of intent to gain must concur.

Intimidation does not need to be physical since it can also


be psychological.

If the accused, with intent to gain, took from another,


personal property which turned out to be his own property,
the property not belonging to another, he cannot be held
liable for robbery; even if in the taking the accused used
violence against or intimidation of person, or force upon
anything.

To determine the number of robberies committed, check if


all the elements of robbery based on the provisions of the
different means of committing the crime are present. If in
each case, the elements of a certain kind of robbery are
present, then it constitutes one count of robbery already.

If he took personal property from another, believing that it


was his own property, but in reality it belonged to the
offended party, there being no intent to gain, he cannot be
held liable for robbery, even if the accused used violence
against or intimidation of person, or force upon things.
Thus, if the property turns out to be the offenders own

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SECTION ONE: ROBBERY WITH VIOLENCE AGAINST


OR INTIMIDATION OF PERSONS

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ARTICLE 294
ROBBERY WITH VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS

1
2
3
4

Acts Punished:
1. (a) When by reason or on occasion of the robbery, the
crime of homicide is committed; (b) or when the robbery
is accompanied by rape or intentional mutilation or
arson.
2. When by reason or on occasion of such robbery any of
the physical injuries resulting in insanity, imbecility,
impotency or blindness is inflicted. (subdivision 1 of Art.
263)
3. When by reason or on occasion of robbery, any of the
physical injuries penalized in subdivision 2 of Art. 263 is
inflicted.
When the person injured
a.
Loses the use of speech or the power to hear or
to smell, or loses an eye, a hand, a foot, an arm, or a
leg;
b.
Loses the use of any such member; or
c.
Becomes incapacitated for the work in which he
was therefore habitually engaged, in consequence of
the physical injuries inflicted;
4. (a) If the violence or intimidation employed in the
commission of the robbery is carried to a degree clearly
unnecessary for the commission of the crime; or (b)
When in the course of its execution, the offender shall
have inflicted upon ANY PERSON NOT RESPONSIBLE
FOR ITS COMMISSION physical injuries covered by
subdivisions 3 and 4 of Art. 263.
When the person injured
a.
Becomes deformed; or
b.
Loses any other member of his body; or
c.
Loses the use thereof; or
d.
Becomes ill or incapacitated for the performance
of the work in which he was habitually engaged for
more than 90 days, in consequence of the physical
injuries inflicted; or
e.
When the injured person becomes ill or
incapacitated for labor for more than 30 days (but
must not be more than 90 days), as a result of the
physical injuries inflicted.
5. If the violence employed by the offender does not
cause any of the serious physical injuries defined in Art.
263, or if the offender employs intimidation only. (simple
robbery)
These offenses are known as SPECIAL COMPLEX
CRIMES. Crimes defined under this article are the
following:
0
1. Robbery with homicide

95

2. Robbery with rape


3. Robbery with intentional mutilation
4. Robbery with arson
5. Robbery with serious physical injuries

Robbery with Homicide


The term homicide is used in its generic sense and
includes any kind of killing, whether parricide or murder or
where several persons are killed and the name of this
special complex crime shall remain as robbery with
homicide. The qualifying circumstance (e.g. treachery in
murder) will only become an aggravating circumstance.
The juridical concept of robbery with homicide does not
limit the taking of life to one single victim. All the
homicides or murder are merged in the composite,
integrated whole that is robbery with homicide so long as
all the killings were perpetrated by reason or on the
occasion of the robbery (People vs. Madrid, G.R. No. L3023, January 3, 1951).
Homicide may precede robbery or may occur after
robbery. What is essential is that the offender must have
intent to take personal property before the killing.
Where the offenders intention to take personal property of
the victim arises as an afterthought, where his original
intent was to kill, he is guilty of two separate crimes of
homicide or murder, as the case may be, and theft.
The phrase by reason covers homicide committed
before or after the taking of personal property of another,
as long as the motive of the offender in killing is to deprive
the victim of his personal property which is sought to be
accomplished by eliminating an obstacle, killing a person
after robbery to do away with a witness or to defend the
possession of the stolen property.
There is robbery with homicide even if the person
killed was a bystander and not the person robbed or even
if it was one of the offenders. The law does not require the
victim of the robbery be also the victim of homicide.
Robbery with homicide exists even if the death of the
victim supervened by mere accident. It is sufficient that a
homicide resulted by reason or on the occasion of the
robbery. (People v. Mangulabnan, G.R. No. L-8919,
September 28, 1956).
When homicide is committed by reason or on the
occasion of the robbery, all those who took part as
principals in the robbery would also be held liable as
principals of the single and indivisible felony of robbery
with homicide although they did not actually take part in

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the killing, unless it clearly appears that they endeavored
to prevent the same. (People vs. Hernandez, G.R. No.
139697, June 15, 2004).
Robbery with Rape
In robbery with rape, the law uses the phrase when the
robbery shall have been accompanied by rape. But like in
robbery with homicide, the offender must have the intent
to take the personal property belonging to another with
intent to gain, and such intent must precede the rape.
Robbery with rape does not cover robbery with attempted
rape since what is provided by the RPC is a special
complex crime of robbery with rape. Robbery with
attempted rape cannot be complexed under Art. 48 since
one crime is not a necessary means of committing the
other nor can both be results of a single act.
If rape was the primary objective of the accused, and his
taking of the jewels of the victim was not with intent to
gain but just to have some tokens of her supposed
consent to the coition, the accused committed two distinct
crimes of rape and unjust vexation. (People vs. Villarino,
CA-G.R. No. 6342-R, November 26, 1951).

robbery, or else, arson will only be considered an


aggravating circumstance of the crime actually committed.
Robbery with Serious Physical Injuries
Par 2 and par. 3 of this article also apply even when the
serious physical injuries referred to therein are inflicted
upon a co-robber.
Under the 4th act punishable, clause A, the violence need
not result in serious physical injuries. The first clause in
Art 294 par 4 requires only that the violence be
unnecessary for the commission of the crime.
To be considered as robbery with physical injuries, the
injuries inflicted must be serious; otherwise, they shall be
absorbed in the robbery. However, if the less serious or
slight physical injuries were committed after the robbery
was consummated, that would constitute a separate
offense.
Under clause B, it is required that the physical injuries be
inflicted in the course of the execution of the robbery and
that any of them was inflicted upon any person not
responsible for the commission of the robbery.

All the robbers may be held liable for robbery with rape
even if not all of them committed the crime of rape based
on the concept of conspiracy. (People vs. Balacanao,
G.R. No. 118133, February 28, 2003)

Simple Robbery
Par. 5 is known as simple robbery because they only
involve slight or less serious physical injuries, which are
absorbed in the crime of robbery as an element thereof.

Par 1 of this article also applies even if the victim of the


rape committed by the accused was herself a member of
the gang of robbers.

Violence or intimidation may enter at any time before the


owner is finally deprived of his property. This is so
because asportation is a complex fact, a whole divisible
into parts, a series of acts, in the course of which personal
violence or intimidation may be injected.

Note: There is no crime of Robbery with Multiple


Homicide or Robbery with Multiple Counts of Rape.
Although there be more than one instance of
homicide/murder or rape, they shall be considered as
embraced under one special complex crime of either
Robbery with Homicide or Robbery with Rape.
Neither shall the additional rape/s or homicide/s be
considered aggravating. Unless and until a law is passed
providing that the additional rape/s (or homicide/s) may be
considered aggravating, the Court must construe the
penal law in favor of the offender as no person may be
brought within its terms if he is not clearly made so by the
statute (People vs. Sultan, G. R. No. 132470, April, 27,
2000).
Robbery with Arson
In the case of robbery with arson, it is essential that the
robbery precedes the arson. There must be an intent to
commit robbery and no killing, rape or intentional
mutilation should be committed in the course of the

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Threats to Extort
Money

Robbery thru
Intimidation

Intimidation is
conditional or future.

Intimidation is actual
and immediate.

Intimidation may be
through an intermediary.

Intimidation
personal.

Intimidation may refer to


person,
honor
or
property of the offended
party or of his family.

Intimidation is directed
only to the person of
the victim.

The gain of the culprit is


not immediate.

The gain of the culprit


is immediate.

Robbery

Bribery

is

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The victim is deprived of
his money, property by
force or intimidation.

He parts with his


money, in a sense,
voluntarily.

Robbery

Grave Coercion

ARTICLE 296
DEFINITION OF A BAND AND PENALTY INCURRED
BY THE MEMBERS THEREOF

In both crimes, there is violence used by the


offender
With intent to gain.

No intent to gain.

ARTICLE 295
ROBBERY WITH PHYSICAL INJURIES,
COMMITTED IN AN UNINHABITED PLACE AND BY
A BAND OR WITH THE USE OF FIREARM ON A
STREET, ROAD OR ALLEY
Qualified Robbery with Violence Against or
Intimidation of Persons:
Nos. 3, 4, and 5 of Article 294 if committed:
1. In an uninhabited place (despoblado); or
2. By a band (en cuadrilla); or
3. By attacking a moving train, street car, motor vehicle,
or airship; or
4. By entering the passengers compartments in a train,
or in any manner taking the passengers by surprise in
their respective conveyances; or
5. On a street, road, highway, or alley, and the
intimidation is made with use of firearms, the offender
shall be punished by the maximum period or the proper
penalties prescribed in Art. 294.
This article provides for five special aggravating
circumstances which, because they impose the penalty in
the maximum period and cannot be offset by a generic
mitigating circumstance, are also considered as qualifying
circumstances.
Robbery with
Violence Against or
Intimidation of
Persons
Despoblado and en
cuadrilla need not
concur.

Robbery in an
Uninhabited Place
and by a Band
Both must concur.

0
If the crime committed is robbery with homicide, rape,
mutilation or arson (Par. 1) or with physical injuries under
subdivision 1 of Art. 263 (Par. 2), despoblado and
cuadrilla will each be considered only as a generic
aggravating circumstance.

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Outline:
1. When at least four armed malefactors take part in the
commission of a robbery, it is deemed committed by a
band.
2. When any of the arms used in the commission of
robbery is not licensed, the penalty upon all malefactors
shall be the maximum of the corresponding penalty
provided by law without prejudice to the criminal liability
for illegal possession of firearms.
3. Any member by a band who was present at the
commission of a robbery by the band, shall be punished
as principal of any assaults committed by the band,
unless it be shown that he attempted to prevent the
same.
Art. 296, just like Art. 295, also applies only to robbery
under pars. 3, 4 and 5 of Art. 294, and not to robbery with
homicide, rape, intentional mutilation, arson or the
physical injuries in par. 1 of Art. 263.
PD 1866 penalizes illegal possession of firearm in addition
to criminal liability for robbery by a band. Under R.A. No.
8294, the use of unlawful firearms in murder and homicide
is now considered not as a separate crime but merely a
special aggravating circumstance.
Use of unlicensed firearm by a band in the commission of
robbery with physical injuries cannot be offset by a
generic mitigating circumstance.
Requisites for liability for the acts of other members
of the band:
1. He was a member of the band;
2. He was present at the commission of a robbery by that
band;
3. The other members of that band committed an assault;
and
4. He did not attempt to prevent the assault.
Robbery by a band - all are liable for any assault
committed by the band, unless the others attempted to
prevent the assault.
Proof of conspiracy is not necessary when four or more
armed persons committed robbery.
The circumstance that the robbery was committed by a
band would only be appreciated as an ordinary
aggravating circumstance in Robbery with Homicide. No
such crime as robbery with homicide in band (People vs.

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Apduhan, Jr., G.R. No. L-19491, August 30, 1968).
ARTICLE 297
ATTEMPTED AND FRUSTRATED ROBBERY
COMMITTED UNDER CERTAIN CIRCUMSTANCES
Special Complex Crime: When by reason or on
occasion of an attempted or frustrated robbery, a homicide
is committed.
0

Homicide under this article is also used in its


generic sense to include any other unlawful killing.
However, if the killing legally constituted murder or
parricide, the offense will continue to be covered by Art.
297 with the technical name stated therein, but the penalty
shall be for murder or parricide because Art. 297 states,
unless the homicide (killing) committed shall deserve a
higher penalty under this Code.

1
The penalty is the same whether the robbery is attempted
or frustrated.
2
3

If homicide is not consummated, the crimes of


robbery and attempted or frustrated homicide:
1. May be complexed (Article 48); or
2. Considered as separate crimes; or
3. Considered as one crime, one absorbing the other.
If physical injuries were inflicted on the victim, but no
intent to kill was proved and the victim did not die, the
liability of the offender may be as follows:
1. If the physical injuries were by reason of the
attempted or frustrated robbery as the means for the
commission of the latter, the injuries are absorbed by
the latter and the crime shall only be attempted or
frustrated robbery.
2. If the physical injuries were inflicted only on the
occasion of the aborted robbery but not employed as a
means of committing the latter, these will be separate
crimes of attempted or frustrated robbery and physical
injuries.
3. If both killing and physical injuries were committed on
that occasion, the crime will be penalized in accordance
with Art. 297 but the physical injuries will be absorbed.
When the offense committed is attempted or frustrated
robbery with serious physical injuries, Art. 48 is applicable,
since the felony would fall neither under Art. 294 which
covers consummated robbery with homicide nor under
Art. 297 which covers attempted or frustrated robbery with
homicide. However, for Art. 48 to apply, serious physical
injuries must be employed as a necessary means of
committing robbery.

ARTICLE 298
EXECUTION OF DEEDS BY MEANS OF VIOLENCE
OR INTIMIDATION
Elements:
1. That the offender has intent to defraud another;
2. That the offender compels him to sign, execute, or
deliver any public instrument or document; and
3. That the compulsion is by means of violence or
intimidation.
Art. 298 is not applicable if the document is void (Reyes,
p. 698).
SECTION TWO: ROBBERY WITH THE USE OF FORCE
UPON THINGS
ARTICLE 299
ROBBERY IN AN INHABITED HOUSE/PUBLIC
BUILDING OR EDIFICE DEVOTED TO WORSHIP
Elements: (Subdivision A)
1. The offender entered
a.
an inhabited house;
b.
a public building; or
c.
an edifice devoted to religious worship;
2. The entrance was effected by any of the following
means:
a.
Through an opening not intended for entrance or
egress; or
b.
By breaking any wall, roof, floor, door, or window;
or
c.
By using false keys, picklocks or similar tools; or
d.
By using any fictitious name or pretending the
exercise of public authority.
3. That once inside the building, the offender took
personal property belonging to another with intent to
gain.
Any of the four means described in subdivision (a) of Art.
299 must be resorted to by the offender TO ENTER a
house, not to get out.
The wall broken must be an outside wall, not a wall
between rooms in a house or building, because the
breaking of a wall must be for the purpose of entering.
But if a room is occupied by a person as his separate
dwelling, the breaking of the rooms wall may give rise to
robbery.
False keys
Genuine keys stolen from the owner or any keys other

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than those intended by the owner for use in the lock
forcibly opened by the offender.
The genuine key must be stolen, not taken by force or
intimidation from the owner.
Picklock or similar tools
Those specially adopted to the commission of robbery.
The false key or picklock must be used for entering the
building.
The whole body of the culprit must be inside the building
to constitute entering.
Not every physical force exerted by the offender is
covered by Art. 299, hence breaking store windows to
steal something but without entry, is only theft.
Elements: (Subdivision B)
1. Offender is inside a dwelling house, public building or
edifice devoted to religious worship, regardless of the
circumstances under which he entered it.
2. The offender takes personal property belonging to
another with intent to gain under any of the following
circumstances:
a. by the breaking of internal doors, wardrobes, chests,
or any other kind of sealed furniture or receptacle; or
b. by taking such furniture or objects away to be broken
open outside the place of the robbery.

ARTICLE 301
WHAT IS AN INHABITED HOUSE, PUBLIC BUILDING
OR BUILDING DEDICATED TO RELIGIOUS WORSHIP
AND THEIR DEPENDENCIES
Inhabited House
Means any shelter, ship, or vessel constituting the
dwelling of one or more persons, even though the
inhabitants thereof shall temporarily be absent therefrom
when the robbery is committed.
Dependencies of an inhabited house, public building
or building dedicated to religious worship
All interior courts, corrals, warehouses, granaries, barns,
coachhouses, stables, or other departments or enclosed
places
1.
Contiguous to the building or edifice,
2.
Having an interior entrance connected therewith,
and
3.
Which form part of the whole.
Orchards and other lands used for cultivation or
production are not included in the terms of the next
preceding paragraph, even if closed, contiguous to the
building and having direct connection therewith.
Public Building
Includes every building owned by the Government or
belonging to a private person, used or rented by the
Government, although temporarily unoccupied by the
same.

Entrance into the building by any means mentioned in


subdivision (a) of Art. 299 is not required in robbery under
subdivision (b) of the same article.

ARTICLE 302
ROBBERY IN AN UNINHABITED PLACE
OR IN A PRIVATE BUILDING

The term door under this subdivision refers only to doors


lids or opening sheets of furniture or other portable
receptacles NOT to outside doors of house or building.

Elements:
1. That the offender entered an uninhabited place or a
building which was not a dwelling house, not a public
building, or not an edifice devoted to religious worship;
2. That any of the following circumstances was present:
a.
The entrance was effected through an opening
not intended for entrance or egress;
b.
A wall, roof, floor, or outside door or window was
broken;
c.
The entrance was effected through the use of
false keys, picklocks or other similar tools;
d.
A door, wardrobe, chest, or any sealed or closed
furniture or receptacle was broken; or
e.
A closed or sealed receptacle was removed,
even if the same be broken open elsewhere;
3. That with intent to gain, the offender took therefrom
personal property belonging to another.

It is estafa or theft, if the locked or sealed receptacle is not


forced open in the building where it is kept or taken
therefrom to be broken outside.
ARTICLE 300
ROBBERY IN AN UNINHABITED
PLACE AND BY A BAND
Under this Article, Robbery with Force Upon Things is
qualified when committed in an uninhabited place AND by
a band, as distinguished from Qualified Robbery with
Violence or Intimidation of Persons (Art. 295) which is
committed in an uninhabited place OR by a band.

The only difference between Arts. 299 and 302 is that the

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use of fictitious name or simulation of public authority can
be used only in Art. 299 which refers to inhabited buildings
and not in Art. 302 which involves uninhabited or other
places.
While Art. 302 provides for robbery in an uninhabited
place, it actually means an uninhabited house.
Building
Any kind of structure used for storage or safekeeping of
personal property (U.S. v. Magsino, G.R. No. 1339.
November 28, 1903).
When the property taken is a mail matter during any of the
robberies defined in Arts. 294, 295, 297, 299, 300 & 302,
the penalties next higher than those provided in said
articles shall be imposed.
The taking of large cattle is now punished under P.D. No.
533.
ARTICLE 303
ROBBERY OF CEREALS, FRUITS, OR FIREWOOD IN
AN UNINHABITED PLACE OR PRIVATE BUILDING
0
1
2

Penalty is one (1) degree lower when cereals,


fruits, or firewood are taken in robbery with force upon
things.
Cereals
Are seedlings which are the immediate product of the soil.
The palay must be kept by the owner as seedling or
taken for that purpose by the robbers.
ARTICLE 304
POSSESSION OF PICKLOCKS
OR SIMILAR TOOLS
Elements:
1. That the offender has in his possession picklocks or
similar tools;
2. That such picklocks or similar tools are specially
adopted to the commission of robbery; and
3. That the offender does not have lawful cause for such
possession.
Actual use of picklocks or similar tools is not necessary in
illegal possession thereof.
If the person who makes such tools is a locksmith, the
penalty is higher.

100

ARTICLE 305
FALSE KEYS
Inclusions:
1. Tools not mentioned in the next preceding article.
2. Genuine keys stolen from the owner.
3. Any keys other than those intended by the owner for
use in the lock forcibly opened by the offender.
A master key is a picklock and its possession is
punishable.
A lost or misplaced key found by another and not returned
to its rightful owner is considered as a genuine key stolen
from the owner.
CHAPTER TWO: BRIGANDAGE
(ARTS. 306-307)

PRESIDENTIAL DECREE 532


Modified Arts. 306 & 307
Definition of Terms (Section 2)
Philippine waters
Refer to all bodies of water, such as but not limited to
seas, gulfs, bays around, between and connecting each of
the Islands of the Philippine Archipelago, irrespective of its
depth, breadth, length or dimension, and all other waters
belonging to the Philippines by historic or legal title,
including territorial sea, the sea-bed, the insular shelves,
and other submarine areas over which the Philippines has
sovereignty or jurisdiction.

Vessel
Any vessel or watercraft used for transport of passengers
and cargo from one place to another through Philippine
waters and includes all kinds and types of vessels or
boats used in fishing.
Philippine highway
Refer to any road, street, passage, highway and bridges
or other parts thereof, or railway or railroad within the
Philippines used by persons, or vehicles, or locomotives
or trains for the movement or circulation of persons or
transportation of goods, articles, or property or both.
Highway robbery/Brigandage
Seizure of any person for ransom, extortion or other
unlawful purposes, or the taking away of the property of
another by means of violence against or intimidation of
persons or force upon things or other unlawful means,
committed by any person on any Philippine highway.

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Elements:
1. The robbery should take place along the Philippine
highway;
2. The act of robbery must be indiscriminate. It should
not be an isolated case; and
3. The victim was not predetermined. The robbery must
be directed not only against specific, intended or
perceived victims, but against any and all prospective
victims.
Any person who aids or protects highway robbers or abets
the commission of highway robbery or brigandage shall be
considered as an ACCOMPLICE.
The object of the decree is to deter and punish lawless
elements who commit acts of depredation upon persons
and properties of innocent and defenseless inhabitants
who travel from one place to another thereby disturbing
the peace and tranquility of the nation and stunting the
economic and social progress of the people (People v.
Pulusan, G.R. No. 110037, May 21, 1998).
A conviction for highway robbery under this decree
requires proof that the accused were organized for the
purpose of committing robbery indiscriminately (ibid.).
Punishable Acts:
1.
Piracy (Section 3)
2.
Highway robbery/brigandage (Section 3)
3.
Aiding pirates or highway robbers/ brigands
or abetting piracy or highway robbery/ brigandage
(Section 4)

PD 532

Brigandage
(Art. 306, RPC)

Mere conspiracy to
constitute the offense
of brigandage is not
punishable
(presupposes that acts
defined are actually
committed).

Mere formation of a
band for any purpose
indicated in the law is
punishable.

Offenders need not


constitute a band. One
person can commit the
crime.

Offenders must be a
band of robbers.

ARTICLE 306
BRIGANDAGE
Brigandage
A crime committed by more than three armed persons
who form a band of robbers for the purpose of committing
robbery in the highway or kidnapping persons for the
purpose of extortion or to obtain ransom, or for any other
purpose to be attained by means of force and violence.
Elements:
1. There be at least four armed persons;
2. They formed a band of robbers; and
3. The purpose is any of the following:
a.
To commit robbery in a highway; or
b.
To kidnap persons for the purpose of extortion or
to obtain ransom; or
c.
To attain by means of force and violence any
other purpose.
Presumption of law as to brigandage:
All are presumed to be highway robbers or brigands, if
any of them carries an unlicensed firearm.
Brigandage may be committed without the use of firearms.
The term armed covers arms and weapons in general,
not necessarily firearms.
The only things to prove are:
1. That there is an organization of more than three
armed persons forming a band of robbers;
2. That the purpose of the band is any of those
enumerated in Art. 306;
3. That they went upon the highway or roamed upon the
country for that purpose;
4. That the accused is a member of such band.
The term highway includes streets within, as well as
roads outside the cities.

101

Brigandage

Robbery in Band

Purpose:
commit
robbery in highway; or to
kidnap persons for
ransom; or any other
purpose attained by
force and violence.

Purpose:
commit
robbery, not necessarily
in highways.

Agreement is to commit
several robberies.

Agreement is to commit
a particular robbery.

Mere
formation
punished.

Actual commission of
robbery is necessary.

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ARTICLE 307
AIDING OR ABETTING A
BAND OF BRIGANDS

The finder in law can also be held liable for theft


under this paragraph.

Elements:
1. That there is a band of brigands;
2. That the offender knows the band to be of brigands; and
3. That the offender does any of the following acts:
a. That he aids, abets, or protects such band of
brigands;
b. That he gives them information on the movements of
the police or other peace officers of the government;
or
c. That he acquires or receives property taken by such
brigands.
It shall be presumed that the person performing any of the
acts provided in this article has performed them
knowingly, unless the contrary is proven.
CHAPTER THREE: THEFT
(ARTS. 308-311)

2. Any person who, after having maliciously damaged


the property of another, shall remove or make use of the
fruits or object of the damage caused by him.
3. Any person who shall enter an enclosed estate or a
field where trespass is forbidden or which belongs to
another and without the consent of its owner; shall hunt
or fish upon the same or shall gather fruits, cereals, or
other forest or farm products.
Elements:
a.
That there is an enclosed estate or a field where
trespass is forbidden or which belongs to another;
b.
That the offender enters the same;
c.
That the offender hunts or fishes upon the same
or gathers fruits, cereals, or other forest or farm
products in the estate or field; and
d.
That the hunting or fishing or gathering of
products is without the consent of the owner.
The fishing referred to in this article is not fishing in the
fishpond or fishery; otherwise it is qualified theft under
Art.310.

ARTICLE 308
WHO ARE LIABLE FOR THEFT

Theft is not a continuing offense.


Theft
Is committed by any person who, with intent to gain but
without violence or intimidation of persons nor force upon
things, shall take the personal property of another without
the latters consent.
Elements:
1. That there be taking of personal property;
2. That said property belongs to another;
3. That the taking be done with intent to gain;
4. That the taking be done without the consent of the
owner; and
5. That the taking be accomplished without the use of
violence against or intimidation of persons or force upon
things.
Theft is likewise committed by:
1. Any person who, having found lost property, shall fail to
deliver the same to the local authorities or to its owner.
It is necessary to prove:
a.
The time of the seizure of the thing;
b.
That it was a lost property belonging to another;
and
c.
That the accused having had the opportunity to
return or deliver the lost property to its owner or to
the local authorities, refrained from doing so.
The term lost property embraces loss by stealing.

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In theft, the phrase used is shall take personal property


of another, not shall take away such property.
Theft

Robbery

The offender does not use


violence or intimidation or
does not enter a house or
building through any of the
means specified in Art. 299
or Art. 302 in taking
personal
property
of
another with intent to gain.

There is violence or
intimidation or force
upon things.

It suffices that consent on


the part of the owner is
lacking.

It is necessary that the


taking is against the will
of the owner.

From the moment the offender gained possession of the


thing, even if the culprit had no opportunity to dispose of
the same, the unlawful taking is complete (People vs.
Salvilla, GR. No. 86163, April 26, 1990).
The ability of the offender to freely dispose of the property
stolen is not a constitutive element of the crime of theft. It
finds no support or extension in Article 308, whether as a
descriptive or operative element of theft or as the mens
rea or actus reus of the felony (Valenzuela vs. People of

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the Philippines, G. R. No. 160188, June 21, 2007).

necessary to show that it was committed with grave abuse


of confidence.

Theft is not limited to an actual finder of lost property who


does not return or deposit it with the local authorities but
includes a policeman to whom he entrusted it and who
misappropriated the same, as the latter is also a finder in
law.
Theft of electricity is also punishable under RA 7832, the
Anti-Electricity and Electric Transmission Lines/Materials
Pilferage Act of 1994.

To constitute grave abuse of confidence, in the second


kind of qualified theft, there must be allegation in the
information and proof of a relation, by reason of
dependence, guardianship or vigilance between the
accused and the offended party, that has created a high
degree of confidence between them, which the accused
abused. (People v. Koc Song, G.R. No. L-45043, Aug. 28,
1936)

ARTICLE 309
PENALTIES

ANTI CARNAPPING ACT of 1972


(R.A. 6539)

The basis of penalty in Theft is:


1. The value of the thing stolen, and in some cases,
2. The value and the nature of the property taken, or
3. The circumstances or causes that impelled the culprit
to commit the crime.

Carnapping
Taking, with intent to gain, of motor vehicle belonging to
another without the latters consent, or by means of
violence against or intimidation of persons, or by using
force upon things.

The offender is liable for theft of whole car taken to


another place, even if only the tires are taken away
(People v. Carpio, 54 Phil. 48).

Motor Vehicle
Any vehicle which is motorized using the streets which are
public, not exclusively for private use, comes within the
concept of motor vehicle. It includes all vehicles propelled
by power, other than muscular power.

ARTICLE 310
QUALIFIED THEFT
There is qualified theft in the following instances:
1. If theft is committed by a domestic servant
2. If committed with grave abuse of confidence
3. If the property stolen is (a) motor vehicle, (b) mail matter
or (c) large cattle
4. If the property stolen consists of coconuts taken from
the premises of plantation.
5. If the property stolen is taken from a fishpond or fishery
6. If property is taken on the occasion of fire, earthquake,
typhoon, volcanic eruption, or any other calamity,
vehicular accident or civil disturbance
Elements:
1. Taking of personal property;
2. That the said property belongs to another;
3. That the said taking be done with intent to gain;
4. That it be done without the owners consent;
5. That it be accomplished without the use of violence or
intimidation against persons, nor of force upon things;
and
6. That it be done with grave abuse of confidence
(People v. Puig, G.R. Nos. 173654-765, August 28,
2008).
Penalty for qualified theft is two degrees higher than that
provided in Art. 309.
Theft by domestic servant is always qualified, and it is not

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If the OWNER, DRIVER OR OCCUPANT of a carnapped


vehicle is killed or raped in the course of the commission
of the carnapping or on the occasion thereof, the penalty
of reclusion perpetua to death shall be imposed.
Since Sec. 14 of RA 6539 uses the words IS KILLED, no
distinction must be made between homicide and murder.
If the motor vehicle was not taken by the offender but was
delivered by the owner or the possessor to the offender,
who thereafter misappropriated the same, the crime is
either qualified theft or estafa
Qualified Theft only: If material or physical possession
was given to the offender.
Estafa only: If material plus juridical possession were
given to the offender.
CATTLE RUSTLING LAW of 1974
(P.D. 533)
Cattle Rustling
Is defined as the taking away by any means, method or
scheme, without the consent of the owner/raiser, of any
large cattle whether or not for profit or gain, or whether
committed with or without violence against or intimidation
of persons or force upon things. It includes the killing of

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large cattle or taking it as meat or hide without the consent
of the owner/raiser.
Large Cattle
Shall include the cow, carabao, horse, mule, ass, or other
domesticated member of the bovine family. Goats are not
large cattle.
Presumption of Cattle Rustling
Failure to exhibit the required documents by any person
having in his possession, control, or custody of large
cattle, upon demand by competent authorities shall be
prima facie evidence that the large cattle in his
possession, control and custody are the fruits of the crime
of cattle rustling.
LAW ON ILLEGAL FISHING
(P.D. 534)
Illegal Fishing
The act of any person to catching, taking or gathering or
causing to be caught, taken or gathered fish or
fishery/aquatic products in Philippine waters with the use
of explosives, obnoxious or poisonous substances or by
the use of electricity.
Dealing in illegally caught fish or fishery/aquatic
products
Any person who possesses or deals in, sells or in any
manner disposes of, for profit, any fish, fishery/aquatic
products which have been illegally caught, taken or
gathered shall, upon conviction, be punished by
imprisonment.
HIGHGRADING OR THEFT OF GOLD
(P.D. 581)
Highgrading or Theft of Gold
The act of any person who shall take gold-bearing ores or
rocks from a mining claim or mining camp or shall remove,
collect or gather gold-bearing ores or rocks in place or
shall extract or remove the gold from such ores or rocks,
or shall prepare and treat such ores or rocks to recover or
extract the gold content thereof, without the consent of the
operator of the mining claim.
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1

Presumption: Unauthorized possession by any


person within a mining claim or mining camp of goldbearing ores or rocks or of gold extracted or removed from
such ores or rocks shall be prima facie evidence that they
have been stolen from the operator of a mining claim
(Sec. 2).

Elements:
1. Crime of robbery or theft has been committed;
2. Accused, who is not a principal or accomplice in the
commission of the crime of robbery or theft, buys,
receives, possesses, keeps, acquires, conceals, sells,
or disposes of, or shall buy and sell, or in any other
manner deal any article, item, object or anything of
value which he knows, or should be known to him, to
have been derived from the proceeds of said crime;
3. Accused knows or should have known that said
article, item, object or anything of value has been
derived from the proceeds of theft or robbery; and
4. Accused has intent to gain for himself or another.
Section 2. Definition of Terms.
Fencing
The act of any person who, with intent to gain for himself
or for another, shall buy, receive, possess, keep, acquire,
conceal, sell, or dispose of, or shall buy and sell, or in any
other manner deal any article, item, object or anything of
value which he knows, or should be known to him, to have
been derived from the proceeds of the crime of robbery or
theft.
Section 5. Presumption of Fencing.
Mere possession of any good, article, item, object, or
anything of value which has been the subject of robbery or
thievery shall be prima facie evidence of fencing.
Section 6. Clearance/Permit to Sell Used/ Second Hand
Articles.
All stores, establishments or entities dealing in the buy
and sell of any good, article, item, object or anything of
value shall, before offering the same for sale to the public,
secure the necessary clearance or permit from the station
commander of the Philippine National Police in the town
or city where such store, establishment or entity is
located.
Any person who fails to secure the required
clearance/permit shall also be punished as a fence.
Fencing is not a continuing offense. The court of the place
where fencing was committed has jurisdiction over the
case. The place where robbery or theft took place is
insignificant.
An accessory to the crime of robbery or theft may also be
held liable for fencing.
PRESIDENTIAL DECREE NO. 401

ANTI FENCING LAW


(P.D. 1612)

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Penalizing the Unauthorized Installation of Water,
Electrical or Telephone Connections, the Use of
Tampered Water or Electrical Meters, and other Acts
(March 1, 1974)
Acts punished:
1. The use of tampered water or electrical meters to
steal water or electricity;
2. The stealing or pilfering of water and/or electrical
meters, electric and/or telephone wires;
3. Knowingly possessing stolen or pilfered water and/or
electrical meters and stolen or pilfered electric and/or
telephone wires.
Theft of electricity can also be committed by any of
the following means:
1. Turning back the dials of the electric meter;
2. Fixing the electric meter in such a manner that it will
not register the actual electric consumption;
3. Under-reading of electric consumption; and
4. Tightening screw or rotary blades to slow down the
rotation of the same (People v. Relova, No. L- 45129,
March 6, 1987).
PENALIZING TIMBER SMUGGLING OR ILLEGAL
CUTTING OF LOGS FROM PUBLIC FORESTS AND
FOREST RESERVES AS QUALIFIED THEFT
(P.D. NO. 330)
Any person, whether natural or juridical who directly or
indirectly cuts, gathers, removes, or smuggles timber, or
other forest products, either from any of the public forest,
forest reserves and other kinds of public forest, whether
under license or lease, or from any privately owned forest
land in violation of existing laws, rules and regulations
shall be guilty of the crime of qualified theft.
P.D. NO. 705
REVISING PRESIDENTIAL DECREE NO. 389,
OTHERWISE KNOWN AS THE FORESTRY REFORM
CODE OF THE PHILIPPINES
Acts punished:
1. Cutting, gathering and/or collecting timber or other
products without license from any forest land or timber
from alienable and disposable public lands or from
private lands shall be guilty of qualified theft under Arts.
309 and 310 of the RPC;
2. Entering and occupying or possessing, or making
kaingin for his own private use or for others any forest
land without authority or destroying in any manner such
forest land or part thereof, or causing any damage to
the timber stand and other products and forest growths
found therein;

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3. Grazing or causing to graze without authority


livestock in forest lands, grazing lands and alienable
and disposable lands which have not as yet been
disposed of in accordance with Public Land Act;
4. Occupying for any length of time without permit any
portion of the national parks system or cutting,
destroying, damaging, or removing timber or any
species of vegetation or forest cover and other natural
resources found therein or mutilating, defacing, or
destroying objects of natural beauty or of scenic value
within areas of the natural park system;
5. Selling or offering for sale any log, lumber, plywood or
other manufactured wood products in the international
or domestic market, unless he complies with the
grading rules established or to be established by the
Government.
ARTICLE 311
THEFT OF THE PROPERTY OF THE NATIONAL
LIBRARY AND NATIONAL MUSEUM
Theft of property on National Library and Museum has a
fixed penalty regardless of its value. But if the crime is
committed with grave abuse of confidence, the penalty for
qualified theft shall be imposed, because Art. 311 says
unless a higher penalty should be provided under the
provisions of this Code.
CHAPTER FOUR: USURPATION
(ARTS. 312-313)

ARTICLE 312
OCCUPATION OF REAL PROPERTY OR USURPATION
OF REAL RIGHTS IN PROPERTY
Elements:
1. That the offender takes possession of any real
property or usurps any real rights in property;
2. That the real property or real rights belong to another;
3. That violence against or intimidation of persons is
used by the offender in occupying real property or
usurping real property or usurping real right in
property; and
4. That there is intent to gain.
Acts punished:
1. By taking possession of any real property belonging
to another by means of violence against or intimidation
of persons.
2. By usurping any real rights in property belonging to
another by means of violence against or intimidation of
persons.
There is only civil liability if there is no violence or
intimidation in taking possession.

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the crime.
Art. 312 does not apply when the violence or intimidation
took place subsequent to the entry. Violence or
intimidation must be the means used in occupying real
property or in usurping real rights and not in retaining
possession.

CHAPTER FIVE:
CULPABLE INSOLVENCY (ART. 314)

ARTICLE 314
FRAUDULENT INSOLVENCY

When there is no intent to gain, crime committed is


coercion.

Elements:
1. That the offender is a debtor, that is, he has obligations
due and demandable;
2. That he absconds with his property; and
3. That there be prejudice to his creditors.

When there is no violence or intimidation used and there


is no intent to gain, the crime is only malicious mischief.
Art. 312 only provides a penalty of fine. However, the
offender shall also suffer the penalty for acts of violence
executed by him. Art. 48 on complex crimes does not
apply.
0
Criminal action for usurpation of real property does not bar
a civil action for forcible entry.
Republic Act No. 947 punishes entering or occupying of
public agricultural land including public lands granted to
private individuals.
Squatters As defined under Urban Development and
Housing Act, they are:
1.
Those who have the capacity or means to pay
rent or for legitimate housing but are squatting anyway.
2.
Those who were awarded lots but sold or lease
them out.
3.
Those who are intruders of lands reserved for
socialized housing, pre-empting possession by
occupying the same.

Theft/Robbery

Occupation of Real
Property or
Usurpation of Real
Rights in Property

Personal property is
taken.

Real property or real


right is involved

Actual prejudice is required.


Real property may be the subject matter of fraudulent
insolvency.
Unlike in the Insolvency Law, Art. 314 does not
require for its application that the criminal act should have
been committed after the institution of insolvency
proceedings. It is not necessary that the defendant should
have been adjudged bankrupt or insolvent.
CHAPTER SIX: SWINDLING AND OTHER
DECEITS (ARTS. 315-318)

ARTICLE 315
SWINDLING/ESTAFA
Elements in general:
1. That the accused defrauded another by abuse of
confidence, or by means of deceit; and
2. That damage or prejudice capable of pecuniary
estimation is caused to the offended party or third
persons.
Damage or prejudice may consist of:
1. Offended party being deprived of his money or
property as a result of the defraudation;
2. Disturbance in property rights;
3. Temporary prejudice.
Note: Profit or gain must be obtained by the accused
personally and mere negligence in allowing another to
benefit from the transaction is not estafa.

ARTICLE 313
ALTERING BOUNDARIES OR LANDMARK
Elements:
1. That there be boundary marks or monuments of
towns, provinces, or estates, or any other marks
intended to designate the boundaries of the same; and
2. That the offender alters said boundary marks.
Altering
Is understood in its general and indefinite meaning. Any
alteration is enough to constitute the material element of

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I. Estafa with Unfaithfulness or Abuse of Confidence


A.
Estafa with unfaithfulness (Article 315, No. 1A)
Elements:
1. That the offender has an onerous obligation to
deliver something of value;
2. That he alters its substance, quantity or quality;
3. That damage or prejudice capable of pecuniary
estimation is caused to the offended party or third

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persons.

possessor cannot claim a better right to such


property than that of its owner.
4. Juridical Possession (JP) is present when
the possession of the personal property arises from
a lawful causation, contract or agreement, express
or implied, written or unwritten or by virtue of a
provision of law.
In such a case, the possessor of the property has a
better right to it than the owner and may set up his
possession thereof against the latter due to the
lawful transaction between them.

It is estafa even if the obligation be based on an


immoral or illegal obligation.
When there is no agreement as to the quality of
thing to be delivered, the delivery of the thing not
acceptable to the complainant is not estafa.
B.

Estafa with abuse of confidence (Article 315


No.1-B)
Elements:
1. That money, goods, or other personal property
be received by the offender in trust, or on
commission, or for administration, or under any
other obligation involving the duty to make delivery
of, or to return, the same;
Money, goods or other personal property must be
received by the offender under certain kind of
transaction transferring juridical possession to him.
When the thing is received by the offender from the
offended party (1) in trust, or (2) on commission, or
(3) for administration, the offender acquires both
material and juridical possession of the thing
received.
2. That there be misappropriation or conversion of
such money or property by the offender, or denial
on his part of such receipt;
3. That such misappropriation or conversion or
denial is to the prejudice of another; and
4. That there is demand made by the offended
party to the offender.
The 4th element is not necessary when there is
evidence of misappropriation of the goods by the
defendant.

5. Ownership (O) There is ownership of the


personal property when there is no obligation to
return exactly the same property given or lent to the
possessor.
Take Note:
1.
If the offender has been given Material
Possession of the personal property and he
Misappropriates the same, he is liable for the crime of
THEFT.
MP + M = Theft
2. If the offender has been given Juridical Possession and
Material Possession of the personal property and he
Misappropriates the same, he is liable for the crime of
ESTAFA.
JP + MP + M = Estafa
3.

If the person has been given the Ownership,


Juridical Possession, and Material Possession of the
personal property and he misappropriates the same, he
is NOT criminally liable and incurs only a CIVIL
LIABILITY.
O + JP + MP + M = NO CRIME

Note: The second element shows three ways in


which estafa under this paragraph may be
committed:
a. Misappropriation of the thing received;
b. Conversion of the thing received; or
c. Denial of the receipt of the thing received.
Definition of Terms
1. Misappropriation (M) the act of taking
something for ones own benefit.
2. Conversion the act of using or disposing of
anothers property as if it was ones own; thing has
been devoted to a purpose or use other than that
agreed upon.
3. Material Possession (MP) the actual physical
possession of personal property, where the

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The contracts of deposit, commodatum, lease, quasicontract of solutio indebiti and trust receipt transactions
are examples of obligations involving the duty to return or
make delivery.
The thing to be delivered or returned by the offender must
be the very object which he received.
The person prejudiced need not necessarily be the owner
of the property.
As for the element of demand, the law does NOT require
demand as a condition precedent to the crime of
embezzlement. The consummation of the crime
of estafa does not depend on the fact that a request for a

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return of the money is first made and refused in order that
the author of the crime should comply with the obligation
to return the sum misapplied (Nepomuceno v. People,
G.R. No. 166246, April 30, 2008).
Demand under this kind of estafa need NOT be formal or
written (Asejo v. People, G.R. No. 157433, July 24, 2007).
Exceptions:
1. When the offenders obligation to comply is subject to
a period, and
2. When the accused cannot be located despite due
diligence.
Is Novation a Ground to Extinguish Criminal Liability
under Estafa?
NO. The Novation of the contract or obligation AFTER
criminal liability for Estafa has been INCURRED is NOT a
ground to extinguish the offenders criminal liability.
Novation is not one of the grounds for the extinguishment
of criminal liability under Art. 89 of the RPC.
HOWEVER, where such novation, occurs BEFORE the
criminal liability for Estafa has been incurred, that is when
not all the elements therefore are present, then no
criminal liability attaches. Criminal liability for Estafa
already committed is not affected by compromise or
novation of contract, for it is a public offense which must
be prosecuted and punished by the state at its own
volition (People vs. Florido, 12 C.A. Rep. 551).
Theft
The offender takes
the thing without the
owners consent.
The offender acquires
only the material or
physical possession
of the thing.

Estafa
with abuse of
Malversation
confidence
Considered as continuing offenses.
The funds or property Usually public funds
are private.
or property.
Offender is a private Offender who is
individual or even a usually a public
public officer who is officer
is
not accountable for accountable
for
public
funds
or public funds or
property.
property.
There is no estafa Malversation can be
through negligence.
committed through
abandonment
or
negligence.
Crime is committed by Crime is committed
misappropriating,
by appropriating,
converting or denying taking
or
having
received misappropriating or
money, goods, or consenting,
or
other
personal through
property.
abandonment
or
negligence,
permitting any other
person to take the
public funds or
property.
C. Estafa by taking undue advantage of the
signature in blank (Article 315, No. 1-C)
Elements:
1. That the paper with the signature of the offended
party be in blank;
2. That the offended party should have delivered it to
the offender;
3. That above the signature of the offended party a
document is written by the offender without authority
to do so; and
4.
That the document so written creates a
liability of, or causes damage to the offended party
or any third person.

Estafa
The offender
receives the thing
from the offended
party.
The offender
acquires also the
juridical possession
of the thing and the
offender
misappropriates it.

Note: If an object was received to be sold, but instead it


was pledged, estafa is committed.
If an object was to be pledged, but instead it was sold,
theft is committed.

Note: If the paper with the signature in blank is


stolen the crime is falsification of documents by
making it appear that he participated in a transaction
when in fact he did not.
II. Estafa by Means of Deceit (Article 315, No. 2)
Elements:
1.
That there must be false pretense, fraudulent act
or fraudulent means;
2.
That such false pretense, act or fraudulent

Estafa
with abuse of
Malversation
confidence
Offenders are entrusted with funds or property.

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means must be made or executed prior to or
simultaneously with the commission of the fraud;
3.
That the offended party must have relied on the
false pretense, fraudulent act, or fraudulent means,
that is, he was induced to part with his money or
property because of the false pretense, fraudulent
act, or fraudulent means; and
4.
That as a result thereof, the offended party
suffered damage.
There is no deceit if the complainant was aware of
the fictitious nature of the pretense.
It is indispensable that the element of deceit,
consisting in the false statement or fraudulent
representation of the accused, be made prior to, or at
least simultaneously with, the delivery of the thing by
the complainant, it being essential that such false
statement or fraudulent representation constitutes the
very cause or the only motive which induces the
complainant to part with the thing.
Fraudulent
The acts must be characterized by, or founded on,
deceit, trick or cheat.
Ways of commission:
A. Article 315 No. 2 (A):
1.
By using a fictitious name.
2.
By falsely pretending to possess (a) power,
(b) influence, (c) qualifications, (d) property, (e)
credit, (f) agency, (g) business or imaginary
transactions.
3. By means of other similar deceits.
There is use of fictitious name when a person uses
a name other than his real name. Thus, when a
person found a pawnshop ticket in the name of
another and, using the name of that another
person, redeemed the jewelry mentioned therein,
he committed estafa by using fictitious name
(People vs. Yusay, G.R. No. L-26957, September
2, 1927).
The offender must be able to obtain something
from the offended party because of the false
pretense, that is, without which the offended party
would not have parted with it.

ILLEGAL RECRUITMENT
Under the Migrant Workers Act
(R.A. No. 8042 as amended by R.A. No. 10022)
Illegal Recruitment
Any act of canvassing, enlisting, hiring, or procuring
workers, including referring contract services, promising
or advertising for employment abroad, whether for profit
or not, when undertaken by a non-licensee or nonholder of authority.
Any such non-licensee or non-holder of authority who,
for a fee, offers and promises employment abroad to
two or more persons shall be deemed so engaged in
illegal recruitment.
It shall likewise include the acts enumerated under Sec.
5 of R.A. No. 10022, whether committed by any person,
whether a non-licensee, non-holder, licensee or holder
of authority.
Economic Sabotage:
1.
Illegal recruitment by syndicate committed by a
group of three (3) or more persons conspiring or
confederating with one another.
2.
Large Scale Illegal Recruitment committed
against three (3) or more persons.
Penalty for Illegal Recruitment involving economic
sabotage is punishable by life imprisonment and fine
of P2,000,000 to P5,000,000.
In People v. Calonzo (G.R. Nos. 115150-55, Sept. 27,
1996), The SC reiterated the rule that a person
convicted for illegal recruitment under the Labor
Code, as amended, can be convicted for estafa,
under Art 315 (par. 2), if the elements of the crime are
present.
B.

Article 315 No. 2 (B)


By altering, the quality, fineness or weight of
anything pertaining to his art or business.

C. Article 315 No. 2 (C)


By pretending to have bribed any Government
employee.
The accused, by pretending to have bribed a
government employee, can be held further liable for
such calumny in a criminal action for either slander
or libel depending on how he recounted the
supposed bribery.
However, the crime committed is corruption of
public officer if the money was indeed given.

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D. Article 315 No. 2 (D)
Elements:
1. That the offender postdated a check, OR
issued a check in payment of an obligation; and
2. That such postdating or issuing a check was
done when the offender had no funds in the
bank, or his funds deposited therein were not
sufficient to cover the amount of the check.
The issuance by the offender of the check
(whether postdated or not), prior to or
simultaneous with the transaction, must be for the
purpose of contracting the obligation, otherwise if
the check is issued in payment of a preexisting
obligation, no estafa is committed, only a civil
liability.
If the check was issued by the debtor only for
security of the creditor, as in the nature of
promissory notes but not to be encashed, no
estafa will be involved.
Good faith is a defense in a charge of estafa by
postdating or issuing a check (People v.
Villapando, 56 Phil 31).
Estafa by issuing a bad check is a continuing
offense.
There is prima facie evidence of deceit when the
drawer fails to pay or make arrangement for
payment three (3) days after receiving notice of
dishonor.
The payee or person receiving the check must be
damaged or prejudiced (Reyes, p.825).
BOUNCING CHECKS LAW
(B.P. Blg. 22)
Offenses Punished under BP 22:
A.
Making or Drawing and issuing a check
knowing at the time of issue that he does not have
sufficient funds.
Elements:
1. That a person makes or draws and issues any
check to apply on account or for value;
2. That the person knows that at the time of issue
he does not have sufficient funds or credit with the
drawee bank for the payment of such check upon
its presentment; and
3. That the check is subsequently dishonored by
the drawee bank for insufficiency of funds or credit,
or would have been dishonored for the same

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reason had not the drawer, without any valid


reason, ordered the bank to stop payment.
Requisites for Criminal Liability under BP 22
1. A person makes, draws or issues a check as
payment for account or for value;
2. That the check was dishonored by the bank due
to a lack of funds, insufficiency of funds or account
already closed;
3. The payee or holder of such check gives a
written notice of dishonor and demand for payment;
and
4. That the maker, drawer or issuer, after receiving
such notice and demand, refuses or fails to pay the
value of the check within FIVE BANKING DAYS.
It is not the making, drawing, or issuance, nor the
dishonor of the check which gives rise to a violation of
BP 22, but rather the failure to make good the check
within FIVE BANKING DAYS from receipt of the
Notice of Dishonor and Demand for Payment.
Take Note: While the written notice of dishonor and
demand is not an element in the violation of BP 22,
the failure to give such notice to the maker, drawer or
issuer of the bouncing check is FATAL to an action to
hold the latter criminally liable.
The full payment of the amount appearing in the
check within five banking days from notice of dishonor
is a "complete defense" against BP 22. The absence
of a notice of dishonor necessarily deprives an
accused an opportunity to preclude criminal
prosecution. Accordingly, procedural due process
clearly enjoins that a notice of dishonor be actually
served on the maker, drawer or issuer of the check.
He has a right to demand that the notice of dishonor
be actually sent to and received by him to afford him
the opportunity to avert prosecution under B.P. 22
(Lina Lim Lao v. People, G.R. No. 119178, June 20,
1997).
B. Failing to keep sufficient funds to cover the full
amount of the check.
Elements:
1. That a person has sufficient funds with the drawee
bank when he makes or draws and issues a check;
2. That he fails to keep sufficient funds or to maintain a
credit to cover the full amount if presented within a
period of 90 days from the date of appearing thereon;
and
3. That the check is dishonored by the drawee bank.
Note: The 90-day period stated above is NOT an
element of the violation of BP 22 by failing to keep

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2010 Centralized Bar Operations
sufficient funds. As such, the maker, drawer or issuer of
the check is not discharged from his duty to maintain a
sufficient balance in his account for a reasonable time
even beyond the 90-day period. A reasonable time
according to current banking practice is 6 months or
180 days, after which the check becomes stale.

BP 22
Endorser is
liable.

Thus, where a check is presented beyond the 90-day


period, but within 180 days from the date indicated
therein, and it is dishonored due to a failure to maintain
a sufficient balance, the maker, drawer or issuer shall
still be liable for violation of BP 22 (Wong v. CA, GR
No. 117857, February 2, 2001).

Malum prohibitum
Issuance of check
is for value or on
account.

Gravamen of BP 22 is the issuance of a worthless or


bum check.
Evidence of Knowledge of Insufficient Funds:
Refusal of drawee bank to pay the check due to
insufficiency of funds when presented within 90 days
from the date of the check shall be prima facie
knowledge of insufficiency of funds, unless the drawer
or maker pays the holder the amount due thereon or
makes arrangements for the payment thereof by the
drawee within five (5) banking days after receipt of
notice that the check was dishonored.
Under SC Administrative Circular 12-2000, as
clarified by A.C. 13-2001:
Where the circumstances of both the offense and the
offender clearly indicate good faith or a clear mistake of
fact without taint of intelligence, the imposition of fine
alone should be considered as the more appropriate
penalty.
The Administrative Circular merely lays down a RULE
OF PREFERENCE in the application of the penalties
provided for in B.P. 22. The circular does not delete the
penalty of imprisonment, for should the judge decide
that imprisonment is the more appropriate penalty; the
circular ought not to be a hindrance.
Prosecution under BP 22 shall be without prejudice to
any liability for any violation in the RPC.
The fine under BP 22 is based on the amount of the
check and is without regard to the amount of damage
caused.
The accused will be liable for the dishonor of the check
even if it was issued in payment of a preexisting legal
obligation as he issued that check to apply on
account.

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not

Deceit and damage


are not elements of
the crime; the
gravamen of the
offense is the
issuance of the
unfunded check.

The drawer is given


5
days
after
receiving notice of
dishonor
within
which to pay or
make arrangements
for payment.
That there are no
funds
or
no
sufficient funds at
the time of issuance
or at the time of
presentment
if
made within 90
days.
The maker or
drawer and issuer
knows at the time of
issue that he does
not have sufficient
fund in or credit with
the drawee bank for
the payment of the
check in full.

Estafa (RPC)
Endorser
who
acted with deceit
knowing that the
check
is
worthless will be
criminally liable.
Malum in se
It is the means to
obtain
the
valuable
consideration
from the payee
(debt is not
preexisting).
False pretenses
or deceit and
damage, or at
least intent to
cause damage,
are essential and
the
false
pretenses must
be prior to or
simultaneous
with the damage
caused.
Given 3 days
after
receiving
notice
of
dishonor.

That there are no


funds or there
are insufficient
funds at the time
of issuance.

Not necessary
that the drawer
should know at
the time that he
issued the check
that the funds
deposited in the
bank were not
sufficient to cover
the amount of the
check.

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2010 Centralized Bar Operations
BP 22
Mere issuance of a
check
that
is
dishonored gives
rise
to
the
presumption
of
knowledge
of
insufficiency
of
funds.

Estafa (RPC)
No presumption
of
knowledge
arises.

E.Article 315, No. 2(E)


1. By
obtaining
food,
refreshment
or
accommodation at hotel, inn, restaurant,
boarding house, lodging house or apartment
house without paying therefor, with intent to
defraud the proprietor or manager thereof;
2. By obtaining credit at any of the said
establishments by the use of any false pretense;
3. By abandoning or surreptitiously removing any
part of his baggage from any of the said
establishments after obtaining credit, food,
refreshment or accommodation therein, without
paying therefor.
III. Estafa Through the Following Fraudulent Means
A. Estafa by inducing another to sign any
document (Article 315 No. 3A)
Elements:
1.
That the offender induced the offended party
to sign a document;
2.
That deceit be employed to make him sign
the document;
3.
That the offended party personally signed
the document; and
4.
That prejudice be caused.
Note: If offended party willingly signed the
document and there was deceit as to the
character or contents of the document, the crime
committed is falsification. BUT where the
accused made representation as to mislead the
complainant as to the character of the
documents, it is considered estafa.
B. Estafa by resorting to some fraudulent
practice to insure success in gambling (Article
315 No. 3B)
C. Estafa by removing, concealing or destroying
documents (Article 315 No. 3C)
Elements:
1. That there be court record, office files,
documents or any other papers;
2. That the offender removed, concealed or

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destroyed any of them; and


3. That the offender had intent to defraud another.
Infidelity in
Custody of
Document

Estafa

Same manner of committing the crime.


Offender is a public The offender is a
officer
who
is private individual
officially entrusted or public officer
with the document.
who
is
not
officially entrusted
with
the
documents.
Intent to defraud is There is intent to
not necessary.
defraud.
If there is no intent to defraud, the crime
committed is malicious mischief.
ARTICLE 316
OTHER FORMS OF SWINDLING
Persons liable:
1. Any person who, pretending to be the owner of any
real property, shall convey, sell, encumber or mortgage
the same.
Elements:
a.
That the thing be immovable, such as a parcel of
land or a building; (property must actually exist)
b.
That the offender who is not the owner of said
property should represent that he is the owner
thereof;
c.
That the offender should have executed an act of
ownership (selling, leasing, encumbering or
mortgaging the real property);
d.
That the act be made to the prejudice of the
owner or a third person.
Note: If the thing is not existing, the crime is estafa by
means of false pretenses under Article 315 (2a).
2. Any person who, knowing that real property is
encumbered, shall dispose of the same, although such
encumbrance be not recorded.
Elements:
a. That the thing disposed of be real property.
b. That the offender knew that the real property was
encumbered, whether the encumbrance is
recorded or not. (principle of constructive notice
does not apply)
c. That there must be express representation by the
offender that the real property is free from

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2010 Centralized Bar Operations
encumbrance.
d. That the act of disposing of the real property be
made to the damage of another.
Note: If the thing is a personalty, Article 319 applies.
Encumbrance
Includes every right or interest in the land which
exists in favor of third persons
3. The owner of any personal property who shall
wrongfully take it from its lawful possessor, to the
prejudice of the latter or any third person.
Elements:
a.
That the offender is the owner of personal
property;
b.
That said personal property is in the lawful
possession of another;
c.
That the offender wrongfully takes it from its
lawful possessor; (if from unlawful possessor, Art.
429 of the Civil Code applies)
d.
That prejudice is thereby caused to the
possessor or third person.
Note: The crime will still be estafa even if the owner
takes the personalty from the lawful possessor under
the modes of taking in theft or robbery which latter
crimes cannot be committed by the owner on his
property (Regalado, 2008).
4. Any person who, to the prejudice of another, shall
execute any fictitious contract.
5. Any person who shall accept any compensation for
services not rendered or for labor not performed.
This act requires fraud as an essential element. If there
is no fraud, it only becomes solutio indebiti, with the civil
obligation to return the wrong payment.
6. Any person who shall sell, mortgage or encumber
real property with which the offender guaranteed the
fulfillment of his obligation as surety.
Elements:
a.
That the offender is a surety in a bond given in a
criminal or civil action;
b.
That he guaranteed the fulfillment of such
obligation with his real property or properties;
c.
That he sells, mortgages, or, in any manner
encumbers said real property; and
d.
That such sale, mortgage or encumbrance is (1)
without express authority from the court, or (2) made
before the cancellation of his bond, or (3) before being
relieved from the obligation contracted by him.

113

Since the penalty of fine prescribed in Art. 316 is based on


the value of the damage caused, mere intent to cause
damage is not sufficient. There must be actual damage
caused by the act of the offender. (Reyes, p. 848)
ARTICLE 317
SWINDLING A MINOR
Elements:
1. That the offender takes advantage of the inexperience
or emotions or feelings of a minor;
2. That he induces such minor to assume an obligation, or
to give release, or to execute a transfer of any property
right;
3. That the consideration is some loan of money, credit, or
other personal property; (if real property, Art. 318
applies; minor cannot convey real property without
judicial authority); and
4. That the transaction is to the detriment of such minor.
ARTICLE 318
OTHER DECEITS
Acts Punished:
1. By defrauding or damaging another by any other
deceit not mentioned in the preceding articles.
2. By interpreting dreams, by making forecasts, telling
fortunes, by taking advantage of the credulity of the
public in any other manner, for profit or gain.
REPUBLIC ACT NO. 8484
ACCESS DEVICES REGULATION ACT OF 1998
Definition of terms
1. Access Device any card, plate, code, account
number, electronic serial number, personal identification
number, or other telecommunications service,
equipment, or instrumental identifier, or other means of
account access that can be used to obtain money,
good, services, or any other thing of value or to initiate a
transfer of funds (other than a transfer originated solely
by paper instrument).
2. Counterfeit Access Device any access device that
is counterfeit, fictitious, altered, or forged, or an
identifiable component of an access device or
counterfeit access device.
3. Unauthorized Access Device any access device
that is stolen, lost, expired, revoked, canceled,
suspended, or obtained with intent to defraud.
4. Access Device Fraudulently Applied for any
access device that was applied for or issued on account
of the use of falsified document, false information,
fictitious identities and addresses, or any form of false
pretense or misrepresentation.
5. Consumer a natural person.

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2010 Centralized Bar Operations
6. Credit Card any card, plate, coupon book, or other
credit device existing for the purpose of obtaining
money, goods, property, labor or services or any thing
of value on credit.
7. Device Making or Altering Equipment any
equipment, mechanism or impression designed or
primarily used for making or altering or re-encoding an
access device or a counterfeit access device.
8. Finance Charges represent the amount to be paid
by the debtor incident to the extension of credit such as
interest or discounts, collection fees, credit investigation
fees, and other service charges.
9. Open-end-credit plan a consumer credit extended
on an account pursuant to a plan under which:
a.
The creditor may permit the person to make
purchase or obtain loans, from time to time, directly
from the creditor or indirectly by use of credit card, or
other service;
b.
The person has the privilege of paying the
balance; or
c.
A finance charge may be computed by the
creditor from time to time on an unpaid balance.
10. Penalty Charges such amount, in addition to
interest, imposed on the credit card holder for nonpayment of an account within a prescribed period.
11. Produce includes design, alter, authenticate,
duplicate or assemble.
12. Trafficking transferring, or otherwise disposing of,
to another, or obtaining control of, with intent to
transfer or dispose of.
Acts Prohibited (Section 9)
The following acts shall constitute access device
fraud and are hereby declared to be unlawful:
1. Producing, using, trafficking in one or more
counterfeit access devices;
2. Trafficking in one or more unauthorized access
devices or access devices fraudulently applied for;
3. Using, with intent to defraud, an unauthorized access
device;
4. Using an access device fraudulently applied for;
5. Possessing one or more counterfeit access devices
or access devices fraudulently applied for;
6. Producing, trafficking in, having control or custody of,
or possessing device-making or altering equipment
without being in the business or employment, which
lawfully deals with the manufacture, issuance, or
distribution of such equipment;
7. Inducing, enticing, permitting or in any manner
allowing another, for consideration or otherwise to
produce, use, traffic in counterfeit access devices,
unauthorized access devices or access devices
fraudulently applied for;
8. Multiple imprinting on more than one transaction
record, sales slip or similar document, thereby

114

9.

10.
11.

12.

13.
14.
15.

16.

making it appear that the device holder has entered


into a transaction other than those which said device
holder had lawfully contracted for, or submitting,
without being an affiliated merchant, an order to
collect from the issuer of the access device, such
extra sales slip through an affiliated merchant who
connives therewith, or, under false pretenses of being
an affiliated merchant, present for collection such
sales slips, and similar documents;
Disclosing any information imprinted on the access
device, such as, but not limited to, the account
number or name or address of the device holder,
without the latter's authority or permission;
Obtaining money or anything of value through the use
of an access device, with intent to defraud or with
intent to gain and fleeing thereafter;
Having in one's possession, without authority from
the owner of the access device or the access device
company, an access device, or any material, such as
slips, carbon paper, or any other medium, on which
the access device is written, printed, embossed, or
otherwise indicated;
Writing or causing to be written on sales slips,
approval numbers from the issuer of the access
device of the fact of approval, where in fact no such
approval was given, or where, if given, what is written
is deliberately different from the approval actually
given;
Making any alteration, without the access device
holder's authority, of any amount or other information
written on the sales slip;
Effecting transaction, with one or more access
devices issued to another person or persons, to
receive payment or any other thing of value;
Without the authorization of the issuer of the access
device, soliciting a person for the purpose of:
a. Offering an access device; or
b. Selling information regarding or an application to
obtain an access device; or
Without the authorization of the credit card system
member or its agent, causing or arranging for another
person to present to the member or its agent, for
payment, one or more evidence or records of
transactions made by credit card.
Conspiracy to commit access device fraud. (Section
11) are punishable under this code.
Frustrated and attempted access device fraud
(Section 12) is also punishable.

Accessory to access device fraud (Section 13) Any


person who, with intent to gain for himself or for another,
buys, receives, possesses, keeps, acquires, conceals,
sells, or disposes of, shall buy and sell, or in any manner

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2010 Centralized Bar Operations
deal in any article, item, object or anything of value which
he knows or should be known to him, to have been
acquired through the use of counterfeit access device or
an unauthorized access device or an access device
known to him to have been fraudulently applied for, shall
be considered as an accessory to an access device. Said
person shall be prosecuted under this Act or under the
Anti-Fencing Law of 1979 (Presidential Decree No. 1612)
whichever imposes the longer prison term as penalty for
the consummated offense.
Presumption and prima facie evidence of intent to
defraud (Section 14)
The mere possession, control or custody of:
a. An access device, without permission of the owner or
without any lawful authority;
b. A counterfeit access device;
c. Access device fraudulently applied for;
d. Any device-making or altering equipment by any person
whose business or employment does not lawfully deal
with the manufacture, issuance, or distribution of access
device;
e. An access device or medium on which an access
device is written, not in the ordinary course of the
possessor's trade or business; or
f. A genuine access device, not in the name of the
possessor, or not in the ordinary course of the
possessor's trade or business, shall be prima facie
evidence that such device or equipment is intended to
be used to defraud.
A cardholder who abandons or surreptitiously leaves the
place of employment, business or residence stated in his
application or credit card, without informing the credit card
company of the place where he could actually be found, if
at the time of such abandonment or surreptitious leaving,
the outstanding and unpaid balance is past due for at
least ninety (90) days and is more than Ten thousand
pesos (P10,000.00), shall be prima facie presumed to
have used his credit card with intent to defraud.
CHAPTER SEVEN: CHATTEL
MORTGAGE (ART. 319)

ARTICLE 319
REMOVAL, SALE OR PLEDGE OF MORTGAGED
PROPERTY

Removal of Mortgaged Property


Elements:
1. That personal property is mortgaged under Chattel
Mortgage Law;
2. That the offender knows that such property is so
mortgaged;
3. That he removes such mortgaged personal
property to any province or city other than the one
in which it was located at the time of the execution
of the mortgage;
4. That the removal is permanent; and
5. That there is no written consent of mortgagee,
executors, administrators, or assigns to such
removal.
The removal of the mortgaged personal property
must be coupled with intent to defraud.
A third person, other than the mortgagor, may be held
liable
If the mortgagee elected to file a suit for collection,
not foreclosure, thereby abandoning the mortgage as
basis for relief, the removal of the property is not a
violation of par 1 of Art 319.
Chattel mortgage must be valid and subsisting.
B. By selling or pledging personal property already
pledged, or any part thereof, under the terms of the
Chattel Mortgage Law, without the consent of the
mortgagee written on the back of the mortgage and
noted on the record thereof in the office of the register
of deeds of the province where such property is
located.
Sale or Pledge of Mortgaged Property
Elements:
1. Personal property is already pledged under Chattel
Mortgage Law;
2. Offender, who is the mortgagor, sells or pledges the
same property or any part thereof; and
3. No consent of mortgagee written on the back of the
mortgage and noted on the record thereof in the
Office of the Register of Deeds.
Damage to the mortgagee is not essential.

Acts punished:
A. By knowingly removing any personal property
mortgaged under the Chattel Mortgage Law to any
province or city other than the one in which it is
located at the time of execution of the mortgage,
without the written consent of the mortgagee or his
executors, administrators or assigns.

115

Estafa
The property involved is
personal property.

Disposing of
Encumbered
Property
The property involved
is real property.

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2010 Centralized Bar Operations
Estafa
Selling or pledging of
personal
property
already pledged or
mortgaged is committed
by the mere failure to
obtain the consent of the
mortgagee in writing,
even if the offender
should
inform
the
purchaser that the thing
sold is mortgaged.
The purpose of the law
is to protect the
mortgagee.

or terminals, regardless of whether the offender had


knowledge that there are persons in said building or
edifice at the time it is set on fire and regardless also of
whether the building is actually inhabited or not;
3. Any train or locomotive, ship or vessel, airship or
airplane, devoted to transportation or conveyance, or for
public use, entertainment or leisure;
4. Any building, factory, warehouse installation and any
appurtenances thereto, which are devoted to the
service of public utilities; or
5. Any building the burning of which is for the purpose of
concealing or destroying evidence of another violation
of law, or for the purpose of concealing bankruptcy or
defrauding creditors or to collect from insurance.

Disposing of
Encumbered
Property
To constitute estafa, it
is sufficient that the
real
property
mortgaged be sold as
free, even though the
vendor may have
obtained the consent
of the mortgagee in
writing.
The purpose is to
protect the purchaser,
whether the first or
the second.

There is also Destructive Arson: (Art. 320, RPC)


1. When the arson is committed by 2 or more persons,
regardless of whether their purpose is merely to burn or
destroy the building or the burning merely constitutes an
overt act in the commission of another violation of the
law.
2. When any person shall burn:
a. Any arsenal, shipyard, storehouse or military power
or fireworks factory, ordinance, storehouse, archives
or general museum of the Government; or
b. In an inhabited place, any storehouse or factory of
inflammable or explosive materials.

CHAPTER EIGHT: ARSON AND OTHER


CRIMES INVOLVING DESTRUCTIONS
(ARTS. 320-326B)

ARTICLE 320-326-B
REPEALED BY PD 1613
PD 1613 AMENDING THE LAW ON ARSON
Kinds of Arson:
1. Arson (Sec. 1, PD No. 1613)
2. Destructive arson (Art. 320, as amended by RA No.
7659)
3. Other cases of arson (Sec. 3, PD No. 1613)
Arson
When any person burns or sets fire to the property of
another, or his own property under circumstances which
expose to danger the life or property of another. (Sec. 1,
PD 1613); It is the malicious destruction of property by
fire.
Destructive Arson (Art. 320, RPC)
Burning of:
1. One (1) or more buildings or edifices, consequent to
one single act of burning, or as a result of simultaneous
burnings, or committed on several or different
occasions;
2. Any building of public or private ownership, devoted
to the public in general or where people usually gather
or congregate for a definite purpose such as, but not
limited to, official governmental function or business,
private transaction, commerce, trade workshop,
meetings and conferences, or merely incidental to a
definite purpose such as but not limited to hotels,
motels, transient dwellings, public conveyances or stops

116

Other cases of Arson: (Sec. 3, PD 1613)


Burning of:
1. Any building used as offices of the Government or
any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or
mine shaft, platform or tunnel;
4. Any plantation, farm, pasture land, growing crop,
grain field, orchard, bamboo grove or forest;
5. Any rice mill, sugar mill, cane mill, or mill central; or
6. Any railway or bus station, airport, wharf, or
warehouse.
Special Aggravating Circumstance on Arson (Sec. 4,
PD 1613):
1. If committed with intent to gain.
2. If committed for the benefit of another.
3. If the offender is motivated by spite or hatred towards
the owner or occupant of the property burned.
4. If committed by a syndicate planned or carried out by
three or more persons
Prima facie evidence of Arson (Sec. 6, PD 1613):
1. If the fire started simultaneously in more than one
part of the building or establishment.
2. If substantial amount of flammable substances or
materials are stored within the building not of the

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offender nor for the household.
3. If gasoline, kerosene, petroleum or other flammable
or combustible substances or materials soaked
therewith or containers thereof, or any mechanical,
electrical, chemical, or electronic contrivance designed
to start a fire, or ashes or traces of any of the foregoing
are found in the ruins or premises of the burned building
or property.
4. If the building or property is insured for substantially
more than its actual value at the time of the issuance of
the policy.
5. If during the lifetime of the corresponding fire
insurance more than two fires have occurred in the
same or other premises owned or under the control of
the offender and/or insured.
6. If shortly before the fire, a substantial portion of the
effects insured and stored in a building or property had
been withdrawn from the premises except in the
ordinary course of business.
7. If a demand for money or other valuable
consideration was made before the fire in exchange for
the desistance of the offender or for the safety of the
person or property of the victim.
Conspiracy to commit arson is punished. (Sec. 7, PD
1613)
The building which is the object of arson including the
land on which it is situated shall be confiscated and
escheated to the State. (Sec. 8, PD 1613)
Examples of Attempted, frustrated or consummated
arson:
a. A person, intending to burn a wooden structure, collects
some rags, soaks them in gasoline and places them
beside the wooden wall of the building. When he is
about to light a match to set fire to the rags, he is
discovered by another who chases him away.
The crime committed is attempted arson, because the
offender commences the commission of the crime directly
by overt acts (placing the rags soaked in gasoline beside
the wooden wall of the building and lighting a match) but
he does not perform all the acts of execution (the setting
of fire to the rags) due to the timely intervention of another
who chases away the offender.
If that person is able to light or set fire to the rags but the
fire was put out before any part of the building was
burned, it is frustrated.
But if before the fire was put out, it had burned a part of
the building, it is consummated.
b. The crime is classified only as frustrated arson,

117

inasmuch as the defendant performed all the acts


conceive to the burning of said house, but nevertheless,
owing to causes independent of his will, the criminal act
which he intended was not produced. The offense
committed cannot be classified as consummated arson
by the burning of said inhabited house, for the reason
that no part of the building had yet commenced to burn,
although, as the piece of sack and the rag, soaked in
kerosene oil, had been placed near partition of the
entresol, the partition might have started to burn, had
the fire not been put out on time. (U.S. v. Valdez; G.R.
No. L-14128, Dec. 10, 2918)
c. Any charring of the wood of a building, whereby the
fiber of the wood is destroyed, is sufficient. It is
necessary that the wood should be ablaze.
And the mere fact that a building is scorched or
discolored by heat is not sufficient to constitute
consummated arson.
The offense is committed by a syndicate if it is planned
or carried out by a group of three or more persons.
If a part of the building commences to burn, the crime is
consummated arson, however small is the portion
burned.
When there is fire, the crime committed is either
frustrated (e.g. set fire to the blankets but fire was put
out before any part of the building was burned) or
consummated arson, never attempted.
There is no complex crime of arson with homicide. If by
reason of or on the occasion of arson, death results, the
penalty of reclusion perpetua to death shall be imposed.
The crime of homicide is absorbed.
CHAPTER NINE: MALICIOUS MISCHIEF
(ARTS. 327-331)

Malicious Mischief
Is the willful damaging of anothers property for the sake
of causing damage due to hate, revenge or other evil
motive.

ARTICLE 327
MALICIOUS MISCHIEF
Elements:
1. That the offender deliberately caused damage to the
property of another;

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2. That such act does not constitute arson or other crimes
involving destruction; and
3. That the act of damaging anothers property be
committed merely for the sake of damaging it.
This third element presupposes that the offender acted
due to hate, revenge or other evil motive. This crime
cannot be committed thru reckless imprudence or thru
violence in the course of a fight.
If there is no malice in causing the damage, the obligation
is only civil.
Damage
In malicious mischief means not only loss but also a
diminution of what is a mans own. Thus, damage to
anothers house includes defacing it.

ARTICLE 330
DAMAGE AND OBSTRUCTION TO MEANS OF
COMMUNICATION
Person liable: Any person who shall damage any railway,
telegraph or telephone lines.
Qualifying circumstance: Damage shall result in the
derailment of cars, collision or other accident.
For the purpose of the provisions of Art. 330, the electric
wires, traction cables, signal system, and other things
pertaining to railways, shall be deemed to constitute an
integral part of a railway system. Art. 330 does not apply
when the telegraph or telephone do not pertain to
railways.

Damage of property must not result from a crime.


Malicious mischief does not necessarily involve moral
turpitude.
It is theft when there is intent to gain as when the offender
removes or makes use of the fruits or objects of the
damage (Art 308, par 2) .
ARTICLE 328
SPECIAL CASES OF MALICIOUS MISCHIEF
1. Causing damage to obstruct the performance of
public functions;
2. Using poisonous or corrosive substances;
3. Spreading any infection or contagion among cattle;
4. Causing damage to the property of the National
Museum or National Library, or to any archive or
registry, waterworks, road, promenade, or any other
thing used in common by the public.
These are called qualified malicious mischief.
The mischief mentioned in the first case (no. 1) is to be
distinguished from sedition (Art. 139), in that the element
of public and tumultuous uprising is not present in this
crime.
ARTICLE 329
OTHER MISCHIEFS
Mischiefs not included in the next preceding article and
are punished according to the value of damage caused.

ARTICLE 331
DESTROYING OR DAMAGING STATUES, PUBLIC
MONUMENTS OR PAINTINGS
Persons liable:
1. Any person who shall destroy or damage statues or any
other useful or ornamental public monuments.
2. Any person who shall destroy or damage any useful or
ornamental painting of a public nature.
CHAPTER TEN: EXEMPTION FROM
CRIMINAL LIABILITY IN CRIMES
AGAINST PROPERTY
(ART. 332) (ARTS. 327-331)

ARTICLE 332
PERSONS EXEMPT FROM CRIMINAL LIABILITY
Crimes involved in the exemption:
1. Theft
2. Swindling (estafa)
3. Malicious mischief
Persons exempted:
1. Spouses, ascendants and descendants, or relatives
by affinity in the same line.
2. The widowed spouse with respect to the property
which belonged to the deceased spouse before the
same shall have passed to the possession of another.
3. Brothers and sisters and brothers in law and sisters in
law, if living together.
4. Stepfather, adopted father, natural children,
concubine, paramour included as ascendants by affinity.
Also applies to common-law spouses.

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No criminal liability but only civil liability shall result from
the commission of any of the said crimes.
The exemption does not apply to strangers participating in
the commission of the crime.
The exemption does not apply if the crimes of theft,
swindling and malicious mischief are complexed with
another crime.
Crimes against chastity are also referred to as private
crimes, or crimes which cannot be prosecuted de officio,
because of the requirement that the prosecution thereof
be upon a sworn written complaint of the offended party or
certain persons authorized by law.

The crimes against chastity which cannot be


prosecuted de officio are:
a. Adultery (Art. 333)
b. Concubinage (Art. 334)
c. Acts of lasciviousness with or without consent (Arts.
336, 339)
d. Seduction whether qualified or simple (Arts. 337, 338),
and
e. Abduction which may be forcible or consented (Arts.
342, 343)
But corruption of minors (Art. 340) and white
slave trade (Art. 341) can be prosecuted de officio.

TITLE ELEVEN: CRIMES


AGAINST CHASTITY
CHAPTER ONE: ADULTERY AND
CONCUBINAGE (ARTS. 333-334)

The death of the paramour will not bar prosecution


against the unfaithful wife, because the requirement that
both offenders be included in the complaint is absolute
only when the offenders are alive.
The death of the offended party will not terminate the
proceedings.
Each occasion of sexual intercourse constitutes a crime
of adultery.
The criminal liability is mitigated when adultery is
committed while abandoned by spouse without
justification.
Abandonment without justification is not an exempting
circumstance but is merely mitigating.
There is no crime of frustrated adultery.
Acquittal of one of the defendants will not automatically
acquit the other:
a. There may not be a joint criminal intent, although
there is a joint physical act.
b. One of the parties may be insane and the other is
sane.
c. The man may not know that the woman is married.
d. The death of the woman during the pendency of the
action cannot defeat the trial and conviction of the
man.
e. A married man who does not know of the married
status of the woman may be liable for concubinage, if
he appears to be guilty of any of the acts defined in
Art. 334.
Requirements for pardon:
1. Must come before the institution of the criminal
prosecution; and
2. Both offenders must be pardoned.

ARTICLE 333
ADULTERY
Who are liable?
1. The married woman who engages in sexual
intercourse with a man not her husband.
2. The man who, knowing of the marriage of the woman,
has sexual intercourse with her.
Elements:
1. That the woman is married;
2. That she has sexual intercourse with a man not her
husband; and
3. That as regards the man with whom she has sexual
intercourse, he must know her to be married.
Adultery is committed even if the marriage is
subsequently declared void.

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There is an implied pardon:


Act of intercourse with offending spouse subsequent to
the adulterous conduct.
When there is consent, whether implied or expressed, of
the husband, he cannot institute a criminal complaint for
adultery.
Under the law there can be no accomplice in the crime of
adultery, although in fact there can be such an
accomplice.
Recrimination
Husbands illicit relationship does not absolve but may
mitigate wifes liability for adultery.

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ARTICLE 334
CONCUBINAGE
Who are liable?
1. The married man.
2. The woman who knew that the man was married.
Elements:
1. That the man must be married;
2. That he committed any of the following acts:
a. Keeping a mistress in the conjugal dwelling (mistress
must live therein as such);
b. Having sexual intercourse under scandalous
circumstances with a woman who is not his wife
(proof of actual sexual relations not required as long
as it can be inferred);
c. Cohabiting with her in any other place (as husband
and wife);
3. As regards the woman, she must know him to be
married.
Conjugal dwelling
Means the home of the husband and wife even if the wife
happens to be temporarily absent on any account.
Scandalous circumstances are not necessary to make a
husband guilty of concubinage by keeping a mistress in
the conjugal dwelling.
Scandal consists in any reprehensible word or deed
that offends public conscience, redounds to the detriment
of the feelings of honest persons, and gives occasion to
the neighbors spiritual damage or ruin.
Cohabit means to dwell together, in the manner of
husband and wife, for some period of time, as
distinguished from occasional transient interviews for
unlawful intercourse.
Adultery is more severely punished than concubinage.
Reason: Because adultery makes possible the
introduction of another mans blood into the family so that
the offended husband may have another mans son
bearing his (husbands) name and receiving support from
him.
Art. 335 has been repealed by RA No. 8353 (Anti-Rape
Law of 1997) effective Oct. 22, 1997. Provisions on Rape
are found in Arts. 266-A to 266-D under Crimes Against
Persons.
REPUBLIC ACT NO. 9995
ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009

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Photo or video voyeurism means the act of taking photo


or video coverage of a person or group of persons
performing sexual act or any similar activity or of capturing
an image of the private area of a person or persons
without the latter's consent, under circumstances in which
such person/s has/have a reasonable expectation of
privacy, or the act of selling, copying, reproducing,
broadcasting, sharing, showing or exhibiting the photo or
video coverage or recordings of such sexual act or similar
activity through VCD/DVD, internet, cellular phones and
similar means or device without the written consent of the
person/s involved, notwithstanding that consent to record
or take photo or video coverage of same was given by
such person's
Prohibited Acts
1. To take photo or video coverage of a person or group of
persons performing sexual act or any similar activity or
to capture an image of the private area of a person/s
such as the naked or undergarment clad genitals, public
area, buttocks or female breast without the consent of
the person/s involved and under circumstances in which
the person/s has/have a reasonable expectation of
privacy;
2. To copy or reproduce, or to cause to be copied or
reproduced, such photo or video or recording of sexual
act or any similar activity with or without consideration;
3. To sell or distribute, or cause to be sold or distributed,
such photo or video or recording of sexual act, whether
it be the original copy or reproduction thereof; or
4. To publish or broadcast, or cause to be published or
broadcast, whether in print or broadcast media, or show
or exhibit the photo or video coverage or recordings of
such sexual act or any similar activity through
VCD/DVD, internet, cellular phones and other similar
means or device.
CHAPTER TWO: ACTS OF
LASCIVIOUSNESS (ART. 336)

ARTICLE 336

ACTS OF LASCIVIOUSNESS
Elements:
1. That the offender commits any act of lasciviousness
or lewdness;
2. That the act of lasciviousness is committed against a
person of either sex;
3. That it is done under any of the following
circumstances:
a. By using force or intimidation; or
b. When the offended party is deprived of reason or
otherwise unconscious; or
c. By means of fraudulent machination or grave abuse
of authority; or

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d. When the offended party is under 12 years of age or
is demented.
The crime is unjust vexation in the absence of any of the
above-mentioned circumstances (circumstances of rape).
Attempted Rape

Acts of
Lasciviousness

The acts performed by There is no intent to


offender clearly indicate have
sexual
that his purpose was to intercourse.
lie with the offended
woman, it is attempted.
The lascivious acts are The lascivious acts are
but the preparatory acts the final objective
to the commission of sought by the offender.
rape.
Manner of commission is the same.
The performance of lascivious character is common
to both.
Lewd obscene, lustful, indecent, lecherous.
What constitutes lewd or lascivious conduct must be
determined from the circumstances of each case. The
presence or absence of the lewd designs is inferred from
the nature of the acts themselves and the environmental
circumstances.
There can be no attempted and frustrated acts of
lasciviousness.
In People v. Jalosjos (GR No. 132876-279, Nov. 16,
2001), the SC adopted the definition of lascivious
conduct in Sec. 32, Art. XIII of the Implementing Rules
and Regulations of RA 7610, which reads as follows:
The intentional touching, either directly or through
clothing, of the genitalia, anus, groin, breast, inner thigh or
buttocks; or the introduction of any object into the
genitalia, anus or mouth of any person, whether of the
same or opposite sex, with an intent to abuse, humiliate,
harass, degrade, or arouse or gratify the sexual desire of
any person; bestiality, masturbation, lascivious exhibition
of the genitals or pubic area of a person.

enumerated herein may


be filed by the following: The offenses of
seduction, abduction
a.Offended party;
and
acts
of
b.Parents or guardians; lasciviousness shall
not be prosecuted
upon
a
c.Ascendant
or except
collateral
relative complaint filed by the
within the third degree offended party or her
parents,
of consanguinity;
grandparents
or
guardian,
nor,
in
any
d.Officer, social worker
or representative of a case, if the offender
licensed child-caring has been expressly
pardoned by any of
institution;
them. If the offended
dies
or
e.Officer or social party
becomes
worker
of
the
Department of Social incapacitated before
Welfare
and she can file the
complaint, and she
Development;
has
no
known
parents,
f. Barangay chairman;
grandparents
or
or
guardian, the State
shall initiate the
g.At least three (3)
criminal action in her
concerned
behalf (Section 5,
responsible citizens
Rule 110, Revised
where the violation
Rules on Criminal
occurred(Sec. 27)
Procedure).

CHAPTER THREE: SEDUCTION,


CORRUPTION OF MINORS, AND WHITE
SLAVE TRADE
(ARTS. 337-341)

ARTICLE 337
QUALIFIED SEDUCTION
Seduction
Means enticing a woman to unlawful sexual intercourse by
promise of marriage or other means of persuasion without
use of force.

Who must prosecute criminal actions


R.A. 7610

Two classes:
1.
Seduction of a virgin over 12 years and under 18
years of age by persons who abuse their authority or
the confidence reposed in them.
2.
Seduction of a sister by her brother or

Acts of
Lasciviousness

Complaints on cases of
unlawful acts committed
against the children as

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descendant by her ascendant, regardless of her age
and reputation.
Elements:
1. That the offended party is a virgin;
2. She must be over 12 and under 18 years of age;
3. That the offender had sexual intercourse with her; and
4. That there is abuse of authority, confidence or
relationship on the part of the offender.
Virgin
Refers to a woman of chaste character or a woman of
good reputation. Virginity in this sense does NOT mean
physical virginity.

Elements:
1. That the offended party is over 12 and under 18 years
of age;
2. That she must be of good reputation, single or widow;
3. That the offender has sexual intercourse with her; and
4. That it is committed by means of deceit.
Deceit generally takes the form of unfulfilled promise of
marriage.
It is not required in simple seduction that the victim be a
virgin.

Virginity is presumed if the woman is unmarried and of


good reputation.

The gist of qualified seduction is the abuse of authority,


confidence, or relationship as the means of committing the
crime. In simple seduction, it is the use of deceit. But in
both kinds of seduction, there must be sexual intercourse.

If there is no sexual intercourse and only acts of lewdness


are performed, the crime is acts of lasciviousness under
Art. 339.

ARTICLE 339
ACTS OF LASCIVIOUSNESS WITH THE CONSENT OF
THE OFFENDED PARTY

The following are the OFFENDERS:


1. Those who abused their authority:
a.
Persons in public authority
b.
Guardian
c.
Teacher
d.
Person who, in any capacity, is entrusted with the
education or custody of the woman seduced
2. Those who abused confidence reposed in them:
a.
Priest
b.
House servant
c.
Domestic
3. Those who abused their relationship:
a.
Brother who seduced his sister
b.
Ascendant who seduced his descendant

Elements:
1. That the offender commits acts of lasciviousness or
lewdness;
2. That the acts are committed upon a woman who is a
virgin or single or a widow of good reputation, under 18
years of age but over 12 years, or a sister or
descendant regardless of her reputation or age; and
3. That the offender accomplishes the acts by abuse of
authority, confidence, relationship or deceit.

A domestic is different from a house servant, it means


any person living under the same roof as a member of
the same household, and includes boarders or houseguests but not transients or visitors.
The fact that the girl gave her consent to the sexual
intercourse is no defense. In the same way, lack of
consent of the girl is not an element of the offense.
The seduction of a sister or descendant is known as
incest. Virginity of the sister or descendant is not
required and she may be over 18 years of age.
Relationship must be by consanguinity. The relationship
need not be legitimate.

Acts of
Lasciviousness

Acts of
Lasciviousness with
Consent of the
Offended Party

Both treat of acts of lasciviousness.


The offended party is a
female or a male.

The offended party


should only be female.

The acts are committed


under circumstances
which, had there been
carnal
knowledge,
would amount to rape.

The
acts
of
lasciviousness
are
committed under the
circumstances which,
had there been carnal
knowledge,
would
amount to either
qualified seduction or
simple seduction.

There is an oversight in the law where the victim is exactly


12 years of age. If the victim is below 12, the crime will be
rape, or unconsented acts of lasciviousness or forcible

ARTICLE 338
SIMPLE SEDUCTION

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abduction. Hence Art. 339 stating over 12 years of age
should be construed as twelve years of age and over, thus
construing the doubt in favor of the accused.
ANTI-SEXUAL HARRASMENT ACT
(R.A. No. 7877)
Persons liable:
Employer, employee, manager, supervisor, teacher,
professor, instructor, coach, trainor, or any other person
having authority, influence, or moral ascendancy over
another in a work, education or training-related
environment.
Acts Punished:
Demanding, requesting, or otherwise requiring any sexual
favor from the other, regardless of whether the demand,
request, or requirement is accepted by the object of the
act.
ARTICLE 340
CORRUPTION OF MINORS
(AS AMENDED BY BP 92)
Acts Punished
To promote or facilitate the prostitution or corruption of
persons under age to satisfy the lust of another.
Under age means under 18 years of age.
The victim must be of good reputation and not a prostitute
or corrupted person.
It is not necessary that the unchaste acts shall have been
done since what is being punished is mere act of
promotion or facilitation.
Special Protection of Children Against Child Abuse
Act (R.A. 7610) Child prostitution and attempt to commit
child prostitution are punished under this Act.
Sec. 5. Child Prostitution and other Sexual Abuse
Children whether male or female, who for
money, profit or other consideration or due to the coercion
or influence of any adult syndicate or group, indulge in
sexual intercourse or lascivious conduct are deemed to
be children exploited in prostitution and other sexual
abuse.
Persons liable:
1. Those who engage in or promote, facilitate or induce
child prostitution which include, but are not limited to
the following:

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a.
b.

Acting as a procurer of a child prostitute.


Inducing a person to be a client of a child
prostitute by means of written or oral advertisements
or other similar means.
c.
Taking advantage of influence or relationship to
procure a child as a prostitute.
d.
Threatening or using violence towards a child to
engage him/her as a prostitute.
e.
Giving monetary consideration, goods or other
pecuniary benefit to a child with the intent to engage
such child in prostitution.
2. Those who commit the act of sexual intercourse or
lascivious conduct with a child exploited in prostitution
or subjected to other sexual abuse.
3. Those who derive profit or advantage therefrom,
whether as manager or owner of the establishment
where the prostitution takes place, or of the sauna,
disco, bar, resort, place of entertainment or
establishment serving as a cover or which engages in
prostitution in addition to the activity for which the
license has been issued to said establishment. (Sec 5,
RA 7610)
Note: There is also a crime of attempted child prostitution
under Sec 5 pars. 1 and 2 of RA 7610 (Sec 6, RA 7610).
There is an attempt to commit child prostitution under
Section 5, paragraph (a) hereof when any person who, not
being a relative of a child, is found alone with the said
child inside the room or cubicle of a house, an inn, hotel,
motel, pension house, apartelle or other similar
establishments, vessel, vehicle or any other hidden or
secluded area under circumstances which would lead a
reasonable person to believe that the child is about to be
exploited in prostitution and other sexual abuse.
There is also an attempt to commit child prostitution,
under paragraph (b) of Section 5 hereof when any person
is receiving services from a child in a sauna parlor or bath,
massage clinic, health club and other similar
establishments.
ARTICLE 341
WHITE SLAVE TRADE
Prohibited acts:
1. Engaging in the business of prostitution.
2. Profiting by prostitution.
3. Enlisting the services of women for the purpose of
prostitution.
Corruption of Minors

White Slave Trade

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It is essential that
victims are minors.

Minority need not be


involved.

May have victims of


either sex.

Limited
females.

May not necessarily be


for profit.

Generally for profit.

Committed by a single
act.

Generally committed
habitually.

only

If girl is under 12 crime is ALWAYS FORCIBLE


ABDUCTION even if she voluntarily goes with her
abductor.

to

Sexual intercourse is not necessary in forcible abduction.


The intent to seduce the girl is sufficient.
ARTICLE 343
CONSENTED ABDUCTION

The first two modes require the element of profit and


habituality. In the third mode, the profit motive is not
required. (Regalado)
White slave trade may be with or without the consent of
the woman, while slavery for the purpose of assigning the
woman to immoral traffic (Art. 272) is committed against
her will.
CHAPTER FOUR: ABDUCTION
(ARTS. 342-343)

Abduction
The taking away of a woman from her house or the place
where she may be for the purpose of carrying her to
another place with intent to marry or corrupt her.
Two Kinds of Abduction:
1. Forcible abduction (Art. 342)
2. Consented abduction (Art. 343)

Elements:
1. That the person abducted is a woman; regardless of her
age, civil status, or reputation;
2. That the abduction is against her will; and
3. That the abduction is with lewd design.
Grave Coercion/
Kidnapping

With lewd design

No lewd design

There is no deprivation
of liberty.

There is deprivation of
liberty.

Crimes against Chastity where age and reputation of


the victim are immaterial:
1. Acts of lasciviousness against the will of the offended
party or against a sister or descendant.
2. Qualified Seduction of sister or descendant.
3. Forcible Abduction
CHAPTER FIVE: PROVISIONS
RELATING TO THE PRECEDING
CHAPTERS OF TITLE ELEVEN
(ARTS. 344-346)

ARTICLE 344
PROSECUTION OF THE CRIMES OF ADULTERY,
CONCUBINAGE, SEDUCTION, ABDUCTION, RAPE
AND ACTS OF LASCIVIOUSNESS

ARTICLE 342
FORCIBLE ABDUCTION

Forcible Abduction

Elements:
1. That the offended party must be a virgin;
2. That she must be over 12 and under 18 years if age;
3. That the taking away of the offended party must be with
her consent, after solicitation or cajolery from the
offender; and
4. That the taking away of the offended party must be with
lewd designs.

Conviction of acts of lasciviousness is not a bar to


conviction of forcible abduction.
Attempted Rape is absorbed by Forcible Abduction as the
former constitutes the element of lewd design.

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1. Adultery and concubinage must be prosecuted upon


the complaint signed by the offended spouse (and in the
absence of an express or implied pardon).
2. Seduction, abduction and acts of lasciviousness must
be prosecuted upon the complaint signed by (and in the
absence of an express pardon) offended party
a. Even if a minor;
b. If of legal age and not incapacitated, only she can file
complaint.
If a minor or incapacitated and refuses to file either of
the next succeeding persons may file:
a. Either of the parents;
b. Either of the grandparents whether paternal or
maternal side;
c. Legal or judicial guardians;
d. The State, as parens patriae when the offended
party dies or becomes incapacitated before she
could file the complaint and she has no known

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parents, grandparents or guardians.
Pursuant to R.A. No. 8353, rape is now a crime
against persons, which may be prosecuted de officio.
In adultery and concubinage, the offended party must
institute the criminal prosecution against both the
guilty parties, if they are alive.
The right to file the action granted to the parent,
grandparent or guardian shall be exclusive of all other
persons and shall be exercised successively in the
order provided by law.
Effects of Pardon
Pardon in adultery and concubinage must come
before the institution of the criminal action and both
offenders must be pardoned by the offended party if
said pardon is to be effective.
Pardon in seduction must also come before the
institution of the criminal action.
Condonation is not pardon in concubinage or adultery
any subsequent act of the offender showing that
there was no repentance will not bar the prosecution
of the offense.
Pardon by the offended party who is a minor must
have the concurrence of parents except when the
offended party has no parents.
Marriage of the offender with the offended party in
seduction, abduction and acts of lasciviousness
extinguishes criminal action or remits the penalty
already imposed, and it benefits the co-principals,
accomplices and accessories. In rape, it extends only
as to the principal.
ARTICLE 345
CIVIL LIABILITY OF PERSONS GUILTY OF CRIMES
AGAINST CHASTITY
Persons who are guilty of rape, seduction or
abduction shall also be sentenced:
1. To indemnify the offended woman;
2. To acknowledge the offspring, EXCEPT:
a. In adultery and concubinage since only a natural child
may be acknowledged;
b. Where either the offended party or the accused is
married;
c. When paternity cannot be determined as in multiple
rape; and
d. Other instances where the law should prevent
the offender from doing so;
3. In every case to support the offspring.

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Note: Under the Family Code, children are classified as


only either legitimate or illegitimate, with no further
positive act required from the parent, as the law itself
provides the childs status. Natural children under the Civil
Code fall within the classification of illegitimate children
under the Family Code.
Art. 176 of the Family Code confers parental authority
over illegitimate children on the mother and provides their
entitlement to support in conformity with the Family Code.
ARTICLE 346
LIABILITY OF ASCENDANTS, GUARDIANS,
TEACHERS, OR OTHER PERSONS ENTRUSTED WITH
THE CUSTODY OF THE OFFENDED PARTY
Persons who cooperate as accomplices but are punished
as principals in seduction, abduction, acts of
lasciviousness, acts of lasciviousness with the consent of
the offended party, corruption of minors, white slave trade:
1. Ascendants,
2. Guardians,
3. Curators,
4. Teachers, and
5. Any person, who cooperates as accomplice with
abuse of authority or confidential relationship.
Persons who act as accomplices in crimes against
chastity (EXCEPT adultery and concubinage where there
can be no accomplices or accessories), shall be punished
as principals.
In addition, teachers or persons entrusted with education
and guidance of the youth are penalized with
disqualification.
Furthermore, all those falling within the terms of this article
shall be punished with special disqualification from the
office of guardian.

TITLE TWELVE: CRIMES AGAINST


THE CIVIL STATUS OF PERSONS
CHAPTER ONE: SIMULATION OF
BIRTHS AND USURPATION OF CIVIL
STATUS (ARTS. 347-348)

ARTICLE 347
SIMULATION OF BIRTHS, SUBSTITUTION OF ONE
CHILD FOR ANOTHER, AND CONCEALMENT OR
ABANDONMENT OF A LEGITIMATE CHILD

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Acts punished:
1. Simulation of births;
2. Substitution of one child for another;
3. Concealing or abandoning any legitimate child with
intent to cause such child to lose its civil status.
Object of the crime under Art. 347 is the creation of false,
or the causing of the loss of, civil status.
Simulation of births
Takes place when the woman pretends to be pregnant
when in fact she is not, and on the day of the supposed
delivery, takes the child of another as her own.
The operative act in the simulation is the registration of
the child in the registry of births as the pretending parents
own.
The simulation which is a crime is that which alters the
civil status of person.
The woman who simulates birth and the one who
furnishes the child are both liable as principals.
The unlawful sale of the child by its father was held to be
not punishable under the RPC (US vs. Capillo et. al., 30
Phil 349). Now, it is punishable under PD 603, with its Art.
59(3) which imposes 2-6 months imprisonment and/or
P500.00 fine. Furthermore, if the accused shall engage in
trading and dealing with children, including the act of
buying and selling of child, that crime of child trafficking is
punished with reclusion temporal to reclusion perpetua
under Sec 7, R.A. No. 7610.
In concealing or abandoning any legitimate child,
three requisites must be present, namely:
1. The child must be legitimate;
2. The offender conceals or abandons such child; and
3. The offender has the intent to cause such child to lose
its civil status.
The child must be legitimate and a fully developed and
living being (U.S. v. Capillo, et al., 30 Phil. 355).
Abandon
Means to leave a child in a public place where other
people may find the child.
Art. 276 (Abandoning a Minor) distinguished from Art.
347
Abandoning a Minor Simulation of Births,
Substitution of One
Child for Another,
and Concealment or
Abandonment of a
Legitimate Child

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Crime against security.

Crime against the civil


status of a person.
The offender must be The offender is any
the one who has the person.
custody of the child.
The purpose of the The purpose is to
offender is to avoid the cause the child to lose
obligation of rearing its civil status.
and caring for the
child.
ARTICLE 348
USURPATION OF CIVIL STATUS
Usurping the civil status of another is committed by
assuming the filiation, or the parental or conjugal rights of
another with intent to enjoy the rights arising from the civil
status of the latter.
Note: Crime is qualified if the purpose is to defraud
offended parties and heirs.
It is absolutely necessary in order to constitute this crime
that the intent of the offender is to enjoy the rights arising
from the civil status of the person impersonated.
Otherwise, the case will only be a violation of Art. 178 for
using a fictitious name, or as estafa under Art. 315.
Example, where the intent of such usurpation is merely to
enjoy or use the usurped civil rights, as by using anothers
license or getting a cedula in anothers name, to avoid
military service or to get a passport, it would not be
punishable under this article (II Cuello Calon, Codigo
Penal, 10th edition, p. 670). The offender could be liable
for using fictitious name (Art. 178) or estafa if he intended
to defraud third persons (Art. 315), or possibly perjury or
falsification depending on the acts he performed in
connection with his intended offense.
CHAPTER TWO: ILLEGAL MARRIAGES
(ARTS. 349-352)

ARTICLE 349
BIGAMY
Elements:
1. That the offender is legally married;
2. That the marriage has not been dissolved or, in case
the spouse is absent the absent spouse could not yet
be presumed dead according to the Civil Code;
3. That he contracts a second or subsequent marriage;
and
4. That the second or subsequent marriage has all the
essential requisites for validity.

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First marriage must be valid. If it is void or voidable,
bigamy may still be committed if there is no judicial
declaration of nullity or annulment of the first marriage.

QUALIFYING CIRCUMSTANCE: If either of the


contracting parties obtains the consent of the other by
means of violence, intimidation or fraud.

Bigamy is a public crime, thus, its prosecution may be


initiated by anyone.

Conviction of a violation of Art. 350 involves moral


turpitude.

A person convicted of bigamy may still be prosecuted for


concubinage.

ARTICLE 351
PREMATURE MARRIAGES

The death of the first spouse during the pendency of the


bigamy case does not extinguish the crime, because
when the accused married the second spouse the first
marriage was still subsisting.

Persons liable:
1. A widow who married within 301 days from the date
of the death of her husband, or before having delivered
if she is pregnant at the time of his death.
2. A woman whose marriage having been annulled or
dissolved, married before delivery or before expiration
of the period of 301 days after the date of legal
separation.

The second spouse who knew of the first marriage is an


accomplice, as well as the person who vouched for the
capacity of either of the contracting parties.
The prescriptive period for the crime of bigamy does not
commence from the commission thereof but from the time
of its discovery by the complainant spouse. While, it may
be conceded that the bigamous marriage was celebrated
publicly in church and recorded in the Office of the Civil
Registrar, the rule on constructive notice cannot apply
(Regalado, Criminal Law Conspectus).
In Tenebro v. CA (G.R. No. 150758, Feb. 18, 2004), the
SC held that a declaration of the nullity of the second
marriage on the ground of psychological incapacity is of
absolutely no moment insofar as the
States penal laws are concerned. Since a marriage
contracted during the subsistence of a valid marriage is
automatically void, the nullity of this second marriage is
not per se an argument for the avoidance of criminal
liability for bigamy.
ARTICLE 350
MARRIAGE CONTRACTED AGAINST PROVISIONS OF
LAWS
(Illegal Marriage)
Elements:
1. That the offender contracted marriage; and
2. That he knew at the time that
a.
The requirements of the law were
not complied with; or
b.
The marriage was in disregard of a
legal impediment.

Period may be disregarded if the first husband was


impotent or sterile or if the woman was pregnant before
the death of the first husband and gave birth within the
said period.
The period of 301 days is important only in cases where
the woman is not pregnant, or does not know that she is
pregnant at the time she becomes a widow. If she is
pregnant at the time she becomes a widow, the prohibition
is good only up to delivery.
Since the purpose of this article is to avoid cases of
doubtful paternity, the woman will not be liable thereunder
if: (a) she has already delivered; and (b) she has
conclusive proof that she was not pregnant by her first
spouse since he was permanently sterile (People vs.
Masinsin, CA, 49 OG 3908).
ARTICLE 352
PERFORMANCE OF ILLEGAL MARRIAGES
Priests or ministers of any religious denomination or sect,
or civil authorities who shall perform or authorize any
illegal marriage ceremony shall be punished under the
Marriage Law.
Art. 352 presuppose that the priest or minister or civil
authority is authorized to solemnize marriages. If the
accused is not authorized to solemnize marriage and he
performs an illegal marriage ceremony, he is liable under
Art. 177 (usurpation of authority or public function).
The solemnizing officer of any of the foregoing illegal
marriages who performs or authorizes the same, despite
his knowledge of the illegality, shall be punished under
Sec. 39 of Act No. 3613.

The offender must not be guilty of bigamy.

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TITLE THIRTEEN: CRIMES AGAINST


HONOR
CHAPTER ONE: LIBEL
(ARTS. 353-362)

Publication
Is the communication of the defamatory matter to some
third person or persons. Thus, sending a letter containing
defamatory words against another to a third person is
sufficient publication.
2 types of malice:
1. Malice in fact shown by proof of ill-will, hatred, or
purpose to injure; also known as EXPRESS MALICE.
2. Malice in law presumed to be malicious from the
defamatory imputation even if it is true; proof is not
required because it is presumed to exist from the
defamatory imputation.

SECTION ONE: DEFINITIONS, FORMS, AND


PUNISHMENT OF THE CRIME
ARTICLE 353
LIBEL
Elements:
1. That there must be an imputation of a crime, or a vice or
defect, real or imaginary, or any act, omission,
condition, status or circumstance;
2. That the imputation must be made publicly;
3. That it must be malicious;
4. That the imputation must be directed at a natural person
or a juridical person, or one who is dead; and
5. That the imputation must tend to cause the dishonor,
discredit, or contempt of the person defamed.
Test of defamatory imputation:
A charge is sufficient if the words are calculated to induce
the hearers to suppose and understand that the person
against whom they were uttered was guilty of certain
offenses, or are sufficient to impeach the honesty, virtue or
reputation, or to hold him up to public ridicule.
The meaning of the writer is immaterial. However, if
criminal intention is imputed against another, it is not
considered libelous.
An expression of opinion by one affected by the act of
another and based on actual fact is not libelous.
Imputation may cover:
1. Crime allegedly committed by the offended party;
2. Vice or defect, real or imaginary, of the offended
party;
3. Any act, omission, condition, status of, or
circumstances relating to the offended party.
Dishonor
Means disgrace, shame, ignominy.
Discredit
Means loss of credit or reputation; disesteem.

When the communication is PRIVILEGED, malice is not


presumed from the defamatory words. Malice (in fact)
must be proved.
Guidelines when several persons are defamed:
1. If the defamation is made on different occasions or by
independent acts, there are as many crimes of libel as
there are persons directly addressed with such
statements or directly referred to.
2. If the defamation is made on a single occasion:
a.
Where the same was directed at a class or group
of numerous persons in general terms only without
any particular person being directly addressed, there
is no victim identified or identifiable, hence no
actionable libel.
b.
If the statement is so sweeping or all embracing
as to apply to every individual in that group or class
so that each individual therein can prove that the
defamatory statement specifically pointed to him, he
can bring his action separately.
c.
If several identifiable victims are libeled in a
single article, there are as many crimes of libel as
there are persons defamed.
ARTICLE 354
REQUIREMENT FOR PUBLICITY
Every Defamatory Imputation is presumed to be
Malicious, Even if it be True.
The PRESUMPTION is rebutted if it is shown by the
accused that
1. The defamatory imputation is true, in case the law
allows proof of the truth of the imputation (see Art. 361);
2. It is published with good intention;
3. There is justifiable motive for making it.
MALICE is not presumed in the following cases
involving qualifiedly privileged communication:
1. Private communication made by any person to another

Contempt
Means state of being despised.

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in the performance of any legal, moral or social duty.
Requisites of the first kind of privileged
communication:
1. That the person who made the communication had a
legal, moral or social duty to make the communication,
or, at least, he had an interest to be upheld;
2. That the communication is addressed to an officer or
a board, or superior, having some interest or duty in the
matter; and
3. That the statements in the communication are made
in good faith without malice (in fact).
The defense of privileged communication will be
overcome if it is shown that (1) the defendant acted with
malice in fact, or (2) there is no reasonable ground for
believing the charge to be true.
4. A fair and true report, made in good faith, without any
comments or remarks, of any judicial, legislative, or
other official proceedings which are not of confidential
nature or of any statement, report, or speech delivered
in said proceedings, or of any other act performed by
public officers in the exercise of their functions.
Requisites of the second kind of privileged
communication:
1. That it is fair and true report of a judicial, legislative,
or other official proceedings which are not of a
confidential nature, or of a statement, report or speech
delivered in said proceedings, or of any other act
performed by a public officer in the exercise of his
functions;
2. That it is made in good faith; and
3. That it is without any comments or remarks.
Therefore, qualified privileged communications must be
made with malice and bad faith in order to be actionable.
An absolutely privileged communication is not actionable
even if made in bad faith. Specifically recognized in the
Constitution as absolutely privileged are statements made
in official proceedings of Congress by members thereof,
as an implementation of their parliamentary immunity.
Statements made in judicial proceedings are privileged
but only if pertinent or relevant to the case involved.
Enumeration under Art. 354 is not an exclusive list of
qualifiedly privileged communication.
Defamatory remarks and comments on the conduct or
acts of public officers which are related to the discharge of
their official duties will not constitute libel if the defendant
proves the truth of the imputation.
Doctrine of Fair Comment

129

Means that while in general every discreditable imputation


publicly made is deemed false, because every man is
presumed innocent until his guilt is judicially proved, and
every false imputation is directed against a public person
in his public capacity, it is not necessarily actionable.
Criticism
Deals only with such things as shall invite public attention
or call for public comment. It does not follow a public man
into his private life nor pry into his domestic concerns.
If ones good name is assailed in the newspaper, he may
reply by defending himself, and if his reply is made in
good faith, without malice and is not unnecessarily
defamatory of his assailant, it is privileged. (People v.
Baja, C.A., 40 O.G. Supp. 5, 206)
Retaliation or vindictiveness cannot be a basis of selfdefense.
THE ANTI-WIRE TAPPING ACT
(R.A. No. 4200)
Unlawful acts by any person or participant, not
authorized by all the parties to any private
communication or spoken word:
1. To tap any wire or cable.
2. To use any other device or arrangement to secretly
overhear, intercept or record such communication or
spoken word by using a device known as dictaphone,
dictagraph, detectaphone,
walkie-talkie or taperecorder.
3. To knowingly possess any tape/wire or disc record of
any communication or spoken word or copies thereof.
4. To replay the same for any person or persons.
5. To communicate the contents thereof, verbally or in
writing.
6. To furnish transcriptions thereof, whether complete or
partial.
Exception: When a peace officer is authorized by written
order from the court.
0
Any recording, communication or spoken word obtained in
violation of the provisions of this Act shall be
INADMISSIBLE IN EVIDENCE in any judicial, quasijudicial or administrative hearing or investigation.
The phrase any other device or arrangement does not
cover an extension line (Gaanan v. IAC, G.R. No. L69809, October 16, 1986).
ARTICLE 355
LIBEL BY MEANS OF WRITINGS
OR SIMILAR MEANS

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Committed by means of:
1. Writing
2. Printing
3. Lithography
4. Engraving
5. Radio
6. Phonograph
7. Painting
8. Theatrical exhibition
9. Cinematographic exhibition
10.Or any similar means
0
Defamation through amplifier system is slander not libel.
If defamatory remarks are made in the heat of passion
which culminated in a threat, the derogatory statements
will not constitute an independent crime of libel but a part
of the more serious crime of threats.
Administrative Circular No. 08-2008, issued on January
25, 2008, laid down a rule of preference for the imposition
of a fine only rather than imprisonment in libel cases. The
Administrative Circular provides that:
1. It does not remove imprisonment as an alternative
penalty for the crime of libel under Art. 355 of the RPC.
2. The Judges may, in the exercise of sound discretion,
and taking into consideration the peculiar circumstances
of each case, determine whether the imposition of a fine
alone would best serve the interests of justice or
whether forbearing to impose imprisonment would
depreciate the seriousness of the offense, work
violence on the social order, or otherwise be contrary to
the imperatives of justice.
3. Should only a fine be imposed and the accused be
unable to pay the fine, there is no legal obstacle to the
application of the RPC provisions on subsidiary
imprisonment.
ARTICLE 356
THREATENING TO PUBLISH AND OFFER TO
PREVENT SUCH PUBLICATION FOR A
COMPENSATION

exposure.
It is essential that the threat to publish, or to offer to
prevent the publication of libel must be for a
compensation or money consideration, in order it may be
penalized under this article.
Blackmail is possible in the following crimes:
a.
Light threats (Art 283)
b.
Threatening to publish, or offering to prevent the
publication of, a libel for compensation (Art 356)
ARTICLE 357
PROHIBITED PUBLICATION OF ACTS REFERRED TO
IN THE COURSE
OF OFFICIAL PROCEEDINGS
Elements:
1. That the offender is a reporter, editor or manager of a
newspaper, daily or magazine;
2. He publishes facts connected with the private life of
another; and
3. Such facts are offensive to the honor, virtue and
reputation of said person.
This article is referred to as the Gag Law because while a
report of an official proceeding is allowed, it gags those
who would publish therein facts which this article prohibits,
and punishes any violation thereof.
The Gag Law prohibits the publication of cases relating to
adultery, divorce, legitimacy of children, etc.
Under Republic Act No. 1477:
A newspaper reporter cannot be compelled to reveal the
source of the news report he made, unless the court or a
House or committee of Congress finds that such
revelation is demanded by the security of the state.
ARTICLE 358
SLANDER (Oral Defamation)

Acts punished:
1. Threatening another to publish a libel concerning him,
or his parents, spouse, child or other members of the
family.
2. Offering to prevent the publication of such libel for
compensation or money consideration.
This is also known as blackmail. Art. 283 regarding light
threats is another form of blackmail.
Blackmail
Any lawful extortion of money by threats of accusation or

130

Kinds:
1. Simple slander; and
2. Grave slander, when it is of a serious and insulting
nature.
Factors that determine the gravity of the oral
defamation:
1. Expressions used;
2. Personal relations of the accused and the offended
party;
3. Circumstances surrounding the case;
4. Social standing and position of the offended party.

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The slander need not be heard by the offended party.
Gossiping is considered as oral defamation if a
defamatory fact is imputed or intriguing against honor if
there is no imputation.
Self-defense in slander may only be invoked if his reply is
made in good faith, without malice, is not necessarily
defamatory to his assailant and is necessary for his
explanation or defense.
ARTICLE 359
SLANDER BY DEED
Slander by Deed
Is a crime committed by performing any act which casts
dishonor, discredit or contempt upon another person.
Elements:
1. That the offender performs any act not included in
any other crime against honor;
2. That such act is performed in the presence of other
persons; and
3. That such act casts dishonor, discredit, or contempt
upon the offended party.

An independent civil action may be filed simultaneously or


separately in the same RTC where the criminal action was
filed and vice versa.
ARTICLE 361
PROOF OF TRUTH
When proof of the truth is admissible in a charge for
Libel:
1. When the act or omission imputed constitutes a crime
regardless of whether the offended party is a private
individual or a public officer.
2. When the offended party is a Government employee,
even if the imputation does not constitute a crime,
provided it is related to the discharge of his official
duties.
The proof of truth of the accusation cannot be based
upon mere hearsay, rumors or suspicion. It must be
positive, direct evidence upon which a definite finding
may be made by the court.
Defense in Defamation:
1. It appears that the matters charged as libelous is true;
2. It was published with good motives; AND
3. For a justifiable ends.

If there is no intent to dishonor the offended party, the


crime is maltreatment by deed under Art. 266.
Slander by deed is of two kinds:
1. Simple slander by deed; and
2. Grave slander by deed, that is, which is of a serious
nature.
Common Element of Slander by deed and Unjust
Vexation: Irritation or Annoyance; without any other
concurring factor, it is only Unjust Vexation; if the purpose
is to shame or humiliate, Slander by deed.

Incriminating
Innocent
Persons

Defamation

Offender does not avail


himself of written or
spoken
word
in
besmirching
the
victims reputation.

Imputation is public
and
malicious
calculated to cause
dishonor, discredit, or
contempt upon the
offended party.

ARTICLE 362
LIBELOUS REMARKS

SECTION TWO: GENERAL PROVISIONS


ARTICLE 360
PERSONS RESPONSIBLE FOR LIBEL
1. The person who publishes, exhibits or causes the
publication or exhibition of any defamation in writing or
similar means.
2. The author or editor of a book or pamphlet.
3. The editor or business manager of a daily newspaper
magazine or serial publication.
4. The owner of the printing plant which publishes a
libelous article with his consent and all other persons
who in any way participate in or have connection with its
publication.

131

Libelous remarks or comments connected with the matter


privileged under the provisions of Art. 354, if made with
malice, shall not exempt the author thereof nor the editor
or managing editor of a newspaper from criminal liability.
ADMINISTRATIVE CIRCULAR No. 08-2008
GUIDELINES IN THE OBSERVANCE OF A RULE OF
PREFERENCE IN THE IMPOSITION OF PENALTIES IN
LIBEL CASES.

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Article 355 of the Revised Penal Code penalizes libel,
committed by means of writing, printing, lithography,
engraving, radio, phonograph, painting, theatrical
exhibition, cinematographic exhibition, or any similar
means, with prision correctional in its minimum and
medium periods or fine ranging from 200 to 6,000
pesos, or both, in addition to the civil action which may be
brought by the offended party.
In the following cases, the Court opted to impose only a
fine on the person convicted of the crime of libel:
In Fernando Sazon v. Court of Appeals and People of the
Philippines (G.R. No. 120715, March 29, 1996) the Court
modified the penalty imposed upon petitioner, an officer of
a homeowners association, for the crime of libel from
imprisonment and fine in the amount of P200.00, to fine
only of P3,000.00, with subsidiary imprisonment in case of
insolvency, for the reason that he wrote the libelous article
merely to defend his honor against the malicious
messages that earlier circulated around the subdivision,
which he thought was the handiwork of the private
complainant.
In Quirico Mari v. Court of Appeals and People of the
Philippines( 388 Phil. 269, 279, 2000) ,where the crime
involved is slander by deed, the Court modified the
penalty imposed on the petitioner, an ordinary government
employee, from imprisonment to fine of P1,000.00, with
subsidiary imprisonment in case of insolvency, on the
ground that the latter committed the offense in the heat of
anger and in reaction to a perceived provocation.
In Jose Alemania Buatis, Jr. v. People of the Philippines
and Atty. Jose Pieraz (G.R. No. 142509, March 24,
2006), the Court opted to impose upon petitioner, a
lawyer, the penalty of fine only for the crime of libel
considering that it was his first offense and he was
motivated purely by his belief that he was merely
exercising a civic or moral duty to his client when wrote
the defamatory letter to private complainant.
CHAPTER TWO: INCRIMINATORY
MACHINATIONS (ART. 363-364)

ARTICLE 363
INCRIMINATING INNOCENT PERSONS
Elements:
1. That the offender performs an act;
2. That by such act he directly incriminates or imputes to
an innocent person the commission of a crime; and
3. That such act does not constitute perjury.

132

Incriminating
Innocent
Persons

Perjury by Making
False Accusation

Limited to the act of


planting evidence and
the like in order to
incriminate an innocent
person.

Giving
of
false
statement under oath
or making a false
affidavit, imputing to
the
person
the
commission of a
crime.

It is committed by
performing an act by
which the offender
directly incriminates or
imputes to an innocent
person the commission
of a crime.

It is committed when
the imputation was
falsely made before
an officer.

ARTICLE 364
INTRIGUING AGAINST HONOR
Committed by any person who shall make any intrigue
which has for its principal purpose to blemish the honor or
reputation of another.
This refers to such intrigues against a persons honor or
reputation which are not otherwise punished under other
articles of the RPC. It differs from defamation in that it
consists of tricky or secret plots and may be committed
without using written or spoken words which are
defamatory.
Intriguing Against
Honor

Defamation

Source of derogatory
statements cannot be
determined.

Source is known.

Consists of some tricky


and secret plot.

Committed in a public
and
malicious
manner.

Passes
such
utterances
without
subscribing to the truth
of the remarks.

The remarks made


are claimed to be
true.

TITLE XIV: QUASI-OFFENSES


SOLE CHAPTER: CRIMINAL
NEGLIGENCE (ART. 365)

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Test of negligence: Would a prudent man, in the position
of the person to whom negligence is attributed, foresee
harm to the person injured as a reasonable consequence
of the course about to be pursued? If so, the law imposes
a duty on the actor to refrain from that course or to take
precaution against its mischievous results, and the failure
to do so constitutes negligence.

ARTICLE 365
IMPRUDENCE AND NEGLIGENCE
Four ways of committing quasi-offenses under Art
365:
1. By committing through reckless imprudence any act
which, had it been intentional, would constitute a grave
or less grave felony or light felony;
2. By committing through simple imprudence or
negligence an act which would otherwise constitute a
grave or less serious felony;
3. By causing damage to the property of another
through reckless imprudence or simple imprudence or
negligence;
4. By causing through simple imprudence or negligence
some wrong which, if done maliciously, would have
constituted a light felony.
Imprudence

Deficiency
perception.

Failure in precaution.

Failure in advertence.

To avoid wrongful acts:


one must take the
necessary precaution
once they are foreseen.

To avoid wrongful acts:


paying proper attention
and
using
due
diligence in foreseeing
them.

Elements:
1. That there is lack of precaution on the part of the
offender; and
2. That the damage impending to be caused is not
immediate nor the danger clearly manifest.
0
1

Negligence

Deficiency of action.

Simple Imprudence
Consists in the lack of precaution displayed in those cases
in which the damage impending to be caused is not
immediate nor the danger clearly manifest.

of

2
3

Reckless Imprudence
Consists in voluntarily but without malice, doing or failing
to do an act from which material damage results by
reason of inexcusable lack of precaution on the part of the
person performing or failing to perform such act, taking
into consideration his employment or occupation, degree
of intelligence, physical condition and other circumstances
regarding persons, time and place.
Elements:
1. That the offender does or fails to do an act;
2. That the doing of or the failure to do that act is
voluntary;
3. That it be without malice;
4. That material damage results; and
5. That there is inexcusable lack of precaution on the part
of the person performing or failing to perform such act
taking into consideration
a. Employment or occupation.
b. Degree of intelligence, physical condition. and
c. Other circumstances regarding persons, time and
place.

133

Art. 64 relative to mitigating and aggravating


circumstances is not applicable to crimes committed
through negligence.
The defense of contributory negligence does not
apply in criminal cases through reckless imprudence since
one cannot allege negligence of another to evade the
effects of ones own negligence. It only mitigates criminal
liability. (Reyes, p. 1059)
The penalties provided for in Article 365 are NOT
applicable when:
1. The penalty provided for the offense is equal to or
lower than those provided in the first two paragraphs of
Art 365;
2. By imprudence or negligence, and with violation of the
Automobile Law, the death of a person shall be caused.
Qualifying Circumstance: Failing to lend on-the-spot
help to the victims of his act of negligence. It raises the
penalty one degree higher.
Exception: Sec. 55 of RA 4136, the driver can leave his
vehicle without aiding the victims if:
1. He is in imminent danger of being harmed,
2. He wants to report to the nearest officer of the law, or
3. He desires to summon a physician or a nurse for
medical assistance to the injured.
There must be injury to person or damage to property as a
consequence of reckless or simple imprudence.
Doctrine of Last Clear Chance
The contributory negligence of the party injured will not
defeat the action if it be shown that the accused might, by

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2010 Centralized Bar Operations
the exercise of reasonable care and prudence, have
avoided the consequences of the negligence of the injured
party.
Emergency Rule
An automobile driver who, by the negligence of another
and not by his own negligence, is suddenly placed in an
emergency and compelled to act instantly to avoid a
collision or injury is not guilty of negligence if he makes
such a choice which a person of ordinary prudence placed
in such a position might make even though he did not
make the wisest choice.
The SC held in the case of Ivler v. San Pedro (G.R. No.
172716, Nov. 17, 2010) that reckless imprudence or
negligence is a crime in itself. Hence, once convicted or
acquitted of a specific act of reckless imprudence, the
accused may not be prosecuted again for that same act.
For the essence of the quasi offense of criminal
negligence under Art. 365 of the RPC lies in the execution
of an imprudent or negligent act that, if intentionally done,
would be punishable as a felony. The law penalizes thus
the negligent or careless act, not the result thereof. The
gravity of the consequence is only taken into account to
determine the penalty, it does not qualify the substance of
the offense. And, as the careless act is single, whether the
injurious result should affect one person or several
persons, the offense (criminal negligence) remains one
and the same, and cannot be split into different crimes
and prosecutions.

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