Académique Documents
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Vena V. Verga
Criminal Law II Reviewer
Summary of Book II
Crime
114
Treason
Elements
1.
2.
3.
Penalty
Filipino Citizen
RP to death and
a fine not to
exceed P100,000
1.
Alien RT to
death and a fine
not to exceed
P100,000
3.
No complex
crime of treason
with murder,
physical
injuries
5.
Aggravating
Circumstances:
cruelty, ignominy
2.
4.
6.
7.
8.
Art. 64 not
strictly applied to
treason
9.
10.
Gravity of
seriousness of
acts of treason
are considered
11.
12.
13.
14.
15.
16.
1.
2.
116
Misprision of
Treason
1.
2.
3.
117
Espionage
1.
2.
118
Inciting to
War or Giving
Motives
1.
2.
119
Violation of
Neutrality
1.
2.
3.
Vena V. Verga
PM and a fine not
exceeding
P10,000
PC and a fine not
exceeding
P5,000
Accessory to the
crime of treason
1.
2.
PC
Penalty next
higher in degree
shall be imposed
if the offender be
a public officer or
employee.
1.
2.
3.
4.
RT if public
officer or
employee
PM if private
individual
PC
1.
2.
1.
2.
Correspondenc
e with Hostile
Country
1.
2.
3.
Vena V. Verga
PC
PM
RT if info may be
useful to enemy
RT to death if
intention was to
aid the enemy
121
Flight to
Enemys
Country
1.
2.
3.
4.
Arresto Mayor
122
Piracy in
General and
Mutiny on the
High Seas or
in Philippine
Waters
1.
2.
RP
Same penalty
shall be inflicted
in case of mutiny
on the high seas
or in Philippine
waters
3.
123
Qualified
Piracy
Qualifying Circumstances:
1. Seized vessel by boarding or firing upon the same; or
2. Pirates have abandoned their victims without means of
Special complex
crime punishable
by RP to Death
1.
Correspondence communicating by
means of letters; or it may refer to the
letters which pass between those who have
friendly or business relations
2. Even if correspondence contains innocent
matters, if such has been prohibited by the
government, it is punishable
3. Prohibition by the government is not
essential in paragraphs 1 and 2
4. Qualifying circumstances that must concur
together:
a. The notice or information might be
useful to the enemy
b. The offender intended to aid the enemy
1. An alien resident may be guilty of flight to
enemy country
2. Mere attempt to flee or go to enemy country
consummates crime
3. Article 121 must be implemented by the
Government
1. High Seas any waters on the sea coast
which are without the boundaries of lowwater mark, although such waters may be in
the jurisdictional limits of a foreign
government
2. Piracy Distinguished From Robbery in
High Seas
a. In piracy offender is an outsider; in
robbery, offender is member of crew or
passenger
b. In both, there is intent to gain and
manner of committing the crime is the
same
3. Piracy Distinguished from Mutiny
a. In piracy, the offenders are strangers; in
mutiny, they are members of the crew or
passengers
b. In piracy, intent to gain is essential; in
mutiny, the intention may be to ignore
ships officers or to commit plunder
1. Any person who aids or protects pirates or
abets the commission of piracy shall be
considered as an accomplice
Page 3 of 75
124
Arbitrary
Detention
3.
saving themselves; or
Crime is accompanied by murder, homicide, physical
injuries or rape
regardless of
number of
victims
2.
1.
2.
3.
Not exceeded 3
days A Mayor
in maximum to
PC in minimum
More than 3 less
than 15 days
PC in medium
and maximum
More than 15 not
more than 6
months PM
Exceeded 6 mos.
RT
1.
Vena V. Verga
1.
2.
3.
Same as next
preceding
article:
Within 12 hours
for light penalties
Within 18 hours
for corrective
penalties
Within 36 hours
for afflictive or
capital penalties
126
Delaying
Release
127
Expulsion
128
Violation of
Domicile
Vena V. Verga
1.
2.
Same as Article
124
PC
PC in minimum
1.
PC in medium
and maximum if
with Qualifying
circumstances of
nighttime, or if
any papers or
effects not
constituting
evidence of a
crime be not
returned
immediately
2.
3.
4.
5.
Page 5 of 75
Acts Punished:
1. By procuring a search warrant without just cause
a. Offender is a public officer or employee
b. Procures a search warrant
c. There is no just cause
2. By exceeding his authority or by using unnecessary
severity in executing a search warrant legally procured
a. The offender is a public officer or employee
b. He has legally procured a search warrant
c. He exceeds his authority or uses unnecessary severity
in executing the same
Search Warrant an order in writing issued in the name of
the People of the Philippines, signed by a judge and directed
to a peace officer, commanding him to search for personal
property described therein and bring it before the court
Probable Cause such reasons, supported by facts and
circumstances, as will warrant a cautious man in the belief
that his action, and the means taken in prosecuting it, are
legally just and proper
Vena V. Verga
Liability
attaching to
Offender for
commission of
any other
offense (perjury)
and
A Mayor in
maximum to PC
in minimum and
fine not
exceeding
P1,000
1.
2.
3.
4.
5.
6.
7.
130
Searching
Domicile
Without
Witnesses
1.
2.
3.
131
Prohibition,
Interruption,
and
Dissolution of
Peaceful
Meetings
1.
2.
132
Interruption
1.
2.
4.
A Mayor in
medium and
maximum
1.
PC in minimum
1.
2.
2.
3.
4.
5.
PC in minimum
PC in medium
1.
134
Rebellion or
Insurrection
Vena V. Verga
and maximum if
committed with
violence or
threats
A Mayor in
maximum to PC
in minimum
2.
1.
2.
3.
RP person who
promotes,
maintains or
heads rebellion
or insurrection
RT person
merely
participating or
executing
commands of
others
1.
1.
2.
3.
4.
136
Conspiracy
and Proposal
to Commit
Coup detat,
Rebellion or
Insurrection
137
Disloyalty of
Public
Officers
1.
2.
138
Inciting to
Rebellion
1.
2.
3.
Vena V. Verga
RT in maximum
person in
government
service who
participates, or
executes
directions or
commands of
others in
undertaking a
coup detat
PM in maximum
person not in
government
service who
participates, or
in any manner
supports,
finances, abets
or aids in
undertaking a
coup detat
PM in minimum
and fine not to
exceed P8,000
PC in maximum
and fine not to
exceed P5,000
PC in medium
and fine not to
exceed P2,000
PC in minimum 1.
2.
PM in minimum
1.
2.
1.
2.
Vena V. Verga
139
Sedition
1.
2.
3.
141
Conspiracy to
Commit
Sedition
142
Inciting to
Sedition
PM in minimum
and a fine not
exceeding
P10,000 for
the leader of
sedition
PC in maximum
and a fine not
exceeding
P5,000 for
other persons
participating
therein
2.
3.
4.
PC in medium
and fine not to
exceed P2,000
2.
1.
PC in maximum
and fine not to
exceed P2,000
5.
1.
2.
1.
2.
Vena V. Verga
143
Acts Tending
to Prevent
the Meeting
of Congress
144
Disturbance
of
Proceedings
of Congress
and Similar
Bodies
145
Violation of
Parliamentar
y Immunity
146
Illegal
1.
d.
PC or a fine
ranging from
P200 to P2,000
or both
A Mayor or a fine
of P200 to
P1,000
PM
1.
2.
PC
PC in maximum
to PM in medium
1.
a.
2.
147
Illegal
Associations
148
Direct
Assaults
Vena V. Verga
for organizers
or leaders of any
meeting under
this article
A Mayor
unarmed persons
merely present
2.
3.
4.
PC armed
persons merely
present
5.
PC in minimum
and medium and
a fine not
exceeding
P1,000
founders,
directors, and
presidents
A Mayor mere
members of said
association
PC in medium
and maximum
periods and a
fine not
exceeding
P1,000 when
the assault is
committed with a
Vena V. Verga
weapon or when
the offender is a
public officer or
employee
PC in minimum
period and a fine
not exceeding
P500 no
circumstances
present
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
17.
16.
authority
The intimidation or resistance must be
serious whether the offended party is an
agent only or he is a person in authority
The resist must be grave, therefore it must
be active resistance
Intimidation must produce its effects
immediately
To determine whether a certain public officer
is a person in authority, the powers and
duties vested in him by law should be
determined
The status of person in authority being a
matter of law, ignorance thereof is no excuse
Functions of the person in authority or his
agent must be clearly shown in the
information
When a person in authority or their agents
descended to mattes which are private in
nature, an attack made by one against the
other is not direct assault
Even if the agent of a person in authority
agrees to fight, it still constitutes direct
assault
If a person in authority or his agent goes
beyond the scope of the respective powers
of public officers, if they are fixed, then they
are considered NOT in the performance of
official duties
Knowledge of the accused that the victim is
a person in authority or his agent is essential
Defendant must have the intention to defy
the authorities
If is not necessary that the person in
authority who was assaulted was ACTUALLLY
performing official duties
Evidence of motive is important when the
person attacked or seriously intimidated is
NOT in the actual performance of his official
duty
Where in the commission of direct assault,
serious or less serious physical injuries are
also inflicted, the offender is guilty of the
Page 12 of 75
149
Indirect
Assaults
150
Disobedience
to Summons
Issued by
Congress, its
Committees,
etc.
151
Resistance
and
Disobedience
to a Person in
Authority or
Agents of
Such Person
Vena V. Verga
PC in minimum
and medium
periods and a
fine not
exceeding P500
A Mayor or a fine
ranging from
P200 to P1,000
any person who
having been
summoned
1.
Same penalty
any person who
shall induce
disobedience to a
summons or
refusal to be
sworn by any
such body
4.
A Mayor and a
fine not
exceeding P500
any person
shall resist or
seriously disobey
any person in
authority
Paragraph 1:
1. The juridical conception of the crime of
resistance and disobedience to a person in
authority or his agents consists in a failure to
comply with orders directly issued by the
authorities in the exercise of their official
duties
2. The person in authority must be in the actual
performance of his official duties
3. The disobedience contemplated consists in
the failure or refusal to obey a direct order
from the authority or his agent
4. The accused must have knowledge that the
person arresting him is a peace officer
A Menor or a fine
ranging from P10
to P100
disobedience to
an agent of a
2.
1.
2.
3.
Page 13 of 75
153
Tumults and
Other
Disturbances
of Public
Order
Vena V. Verga
person in
authority is not
of a serious
nature
5.
A Mayor in
medium to PC in
minimum and a
fine not
exceeding
P1,000
Penalty next
higher in Degree
person causing
any disturbance
or interruption of
a tumultuous
character
A Mayor
person who shall
make any outcry
tending to incite
rebellion or
sedition
A Menor and a
fine not to
exceed P200
bury with pomp
the body of a
1.
Paragraph 2:
6. The order must be lawful
7. If the disobedience to an agent of a person
in authority is of a serious nature, the
offender should be punished under par. 1 of
Article 151
8. When the attack or employment of force is
not deliberate, the crime is only resistance
or disobedience
2.
3.
4.
Page 14 of 75
154
Unlawful Use
of Means of
Publication
and Unlawful
Utterances
155
Alarms and
Scandals
Vena V. Verga
person legally
executed
A Mayor and fine
ranging from
P200 to P1,000
1.
2.
3.
A Menor or a fine
not exceeding
P200
1.
2.
3.
4.
5.
6.
156
Delivering
Prisoners
from Jail
1.
2.
A Mayor in
maximum to PC
in minimum
any person who
shall remove
1.
2.
3.
157
Evasion of
Service of
Sentence
158
Evasion on
Occasion of
Disorders
1.
2.
3.
Qualifying Circumstances:
1. by means of unlawful entry (by scaling);
2. by breaking doors, windows, gates, walls, roofs or floors;
3. by using picklocks, false keys, disguise, deceit, violence,
or intimidation; or
4. thru connivance with other convicts or employees of penal
institution
1. The offender is a convict by final judgment, who is
confined in a penal institution
2. There is a disorder, resulting from: conflagration,
earthquake, explosion, similar catastrophe, or mutiny in
which he has not participated
3. The offender evades the service of his sentence by leaving
the penal institution where he is confined, on the occasion
of such disorder or during the mutiny
4. The offender fails to give himself up to the authorities
within 48 hours following the issuance of a proclamation
by the chief executive announcing the passing away of
such calamity
Vena V. Verga
from any jail any
person confined
therein or shall
help escape of
such person by
means of
violence,
intimidation or
bribery
Same Penalties
in Minimum if
escape should
take place
outside of said
establishment by
taking guards by
surprise
PC in medium
and maximum
escape during
term of
imprisonment
PC in maximum
if it shall take
with any of the
qualifying
circumstances
enumerated
4.
Increase of 1/5
of time still
remaining to be
served under the
original
sentence, which
in no case shall
exceed six
months
Deduction
provided in
Article 98 if
convict shall give
1.
5.
6.
7.
8.
1.
2.
3.
4.
5.
2.
3.
4.
5.
159
Violation of
Conditional
Pardon
Vena V. Verga
himself up within
48 hours
PC in minimum
period if
penalty remitted
does not exceed
6 years
Unexpired
Portion of
Original
Sentence if
penalty remitted
is higher than 6
years
1.
2.
3.
4.
5.
6.
7.
160
Commission
of Another
Crime During
Service of
Penalty
Imposed for
Another
Previous
Offense
Quasi-Recidivism
1. The offender was already convicted by final judgment of
one offense
2. He committed a new felony before beginning to serve such
sentence or while serving the same
Besides the
provisions of
Rule 5 Article 62,
Maximum of
penalty
prescribed by
law for the new
felony
1.
161
Forging the
Seal of the
Govt,
Signature or
Stamp of the
Chief
Executive
162
Using Forged
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
RT
1.
1.
P Mayor
2.
3.
2.
3.
2.
3.
1.
2.
3.
by another person
The offender knew of the counterfeiting or forgery
He used the counterfeit seal or forged signature or stamp
There be false or counterfeited coins
The offender either made, imported or uttered such coins
That in case of uttering such false or counterfeited coins,
he connived with the counterfeiters or importers
164
Mutilation of
Coins
165
Selling of
False or
Mutilated
Coins,
Without
Connivance
166
Forging
Treasury or
Vena V. Verga
Acts Punished:
1. Mutilating coins of the legal currency, with further
requirement that there be 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
1. Possession of coin, counterfeited or mutilated by another
person, with intent to utter the same, knowing that it is
false or mutilated
a. Possession
b. With intent to utter
c. Knowledge
2. Actually uttering such false or mutilated coins, knowing
the same to be false and mutilated
a. Actually uttering
b. Knowledge
Acts Punishable:
1. Forging or falsification of treasury or bank notes or other
documents payable to bearer
PM in minimum
and medium and
a fine not to
exceed P10,000
silver coin of
Philippines or
coin of CB
PC in minimum
and medium and
a fine not to
exceed P2,000
minor coinage of
the Philippines or
CB
PC in minimum
and a fine not to
exceed P1,000
currency of
foreign country
PC in minimum
and a fine not to
exceed P2,000
1.
2.
3.
1.
2.
3.
167
Counterfeitin
g
Instruments
Not Payable
to Bearer
168
Illegal
Possession
and use of
False
Treasury or
Bank Notes
and Other
2.
3.
Vena V. Verga
obligation or
security of
Philippines
P Mayor in
maximum period
and a fine not to
exceed P5,000
circulating note
issued by any
banking
association duly
authorized by
law
P Mayor in
medium and a
fine not to
exceed P5,000
issued by foreign
govt
P Mayor in
minimum and a
fine not to
exceed P2,000
circulating note
or bill issued by
foreign bank duly
authorized
therefore
PC in medium
and maximum
and a fine not to
exceed P6,000
3.
4.
5.
1.
2.
3.
Penalty next
lower in degree
than that
prescribed in
said articles
1.
2.
3.
4.
a.
b.
1.
2.
3.
4.
1.
2.
3.
Vena V. Verga
5.
PC in maximum
and a fine not to
exceed P6,000
1.
2.
3.
P Mayor and a
fine not to
exceed P5,000
first paragraph
1.
Same penalty
ecclesiastical
minister
2.
3.
4.
5.
6.
imitating
any
handwriting, signature or rubric
b. Feigning simulating a signature,
handwriting or rubric out of one which
does not in fact exist
Paragraph 2 when committed by a private
individual, Article 172 should apply
Paragraph 4
a. There must be a narration of facts, not
of conclusion of law
b. Legal Obligation there is a law
requiring the disclosure of the truth of
the facts narrated
c. Person making the narration of facts
must be aware of the falsity of the facts
narrated by him
d. Perversion of truth must be made with
the wrongful intent of injuring 3rd person
e. Wrongful intent not essential when the
document falsified is a public document
f. Good faith is a defense
g. Falsification by omission is punishable
Paragraph 5 Date must be essential
Paragraph 7
a. liability of private individual when there
is conspiracy same as public officer
b. Intent to gain or prejudice not necessary
Page 20 of 75
172
Falsification
by Private
Individuals
and use of
Falsified
Documents
Vena V. Verga
1.
2.
PC in medium
and maximum
and a fine of not
more than
P5,000
Paragraph 1
1. Four Kinds of Documents
a. Public Document created, executed or
issued by a public official in response to
exigencies of public service, or in
execution of which a
public official
intervened
b. Official Document issued by a public
official in exercise of the functions of his
office
c. Private Documents deed or instrument
executed by a private person without the
intervention of notary public or other
person legally authorized, by which
document
some
disposition
or
agreement is proved, evidenced or set
Page 21 of 75
3.
Vena V. Verga
forth
Commercial Documents defined and
regulated by the Code of Commerce or
any other commercial law
2. Mere blank form of official document is not
in itself a document
3. Possessor of a certificate of tile is presumed
to be the author of the falsification that
made possible the transfer of title
4. Possessor of falsified document is presumed
to be author of falsification
5. Good faith is a defense
Paragraph 2
1. Mere falsification is not enough; requires:
a. he must have counterfeited the false
document
b. he must have performed an independent
act which operates to prejudice 3 rd
person
2. Damage need not be material
3. not necessary that offender profited or hope
to profit by falsification
4. Falsification may be a necessary means to
commit other crimes
a. no complex crime of estafa thru
falsification of private document
b. no falsification thru reckless imprudence
if document is private and no actual
damage is caused
c. crime is falsification of public document,
even if falsification took place before the
private document becomes part of public
records
Generally, falsification has no attempted or
frustrated stage
Paragraph 3
1. Damage not necessary in crime of
introducing in judicial proceedings; Intent to
cause damage, at least, is required in use of
falsified document in proceeding not judicial
2. User deemed author of falsification if
a. the use was so closely connected in time
with falsification
d.
Page 22 of 75
Vena V. Verga
b.
173
Falsification
of Wireless,
Cable,
Telegraph
and
Telephone
Messages
174
Falsification
of Medical
Certificates,
Certificates
of Merit or
Service
175
Using False
Certificates
176
Mnftg and
Possession of
Implements
Acts Punishable
1. Uttering fictitious wireless, telegraph or telephone
message
a. That the offender is an officer or employee of the
government or of a private corporation, engaged in
the service of sending or receiving wireless, cable or
telephone message
b. That the offender commits any of the following acts:
i. uttering fictitious wireless, cable, telegraph or
telephone message
ii. falsifying wireless, cable, telegraph or telephone
message
2. Falsifying wireless, telegraph or telephone message
* same as above
3. Using such falsified message
a. that the accused knew that wireless, cable, telegraph,
or telephone message was falsified by any of the
person specified in the 1st paragraph of Article 173
b. that the accused used such falsified dispatch
c. that the use of the falsified dispatch resulted in the
prejudice of a 3rd party, or that the use thereof was
with intent to cause such prejudice
Persons Liable:
1. Physician or Surgeon must refer to illness or injury of a
person; called False Medical Certificate by a Physician
2. Public Officer includes merit,, service, good conduct or
similar circumstances; called False Certificate of Merit or
Service by a Public Officer
3. Private Individual False Medical Certificate by a Private
Individual or False Certificate of Merit by a Private
Individual
1. That the physician or surgeon had issued a false medical
certificate, or a public officer had issued a false certificate
of merit or service, good conduce or similar circumstance,
or a private person had falsified any of said certificates
2. that the offender knew that the certificate was false
3. that he used the same
Acts Punished:
1. Making or introducing in to the Philippines any stamps,
dies, marks or other instruments or implements for
counterfeiting or falsification
PC in medium
and maximum
falsification
Penalty next
lower in degree
use of such
falsified dispatch
1.
A Mayor in
Maximum to PC
in minimum and
a fine not to
exceed P1,000
1.
2.
2.
A Mayor
A Menor
PC in medium
and maximum
and a fine not to
exceed P10,000
1.
2.
178
Using
Fictitious
Name and
Concealing
True Name
179
2.
Vena V. Verga
Penalty next
lower in degree
PC in minimum
and medium
periods
A Mayor and a
fine not to
exceed P500
use of fictitious
name
1.
5.
1.
2.
3.
4.
5.
6.
7.
A Menor and a
fine not to
exceed P200
conceal true
name
A Mayor
1.
2.
3.
4.
Page 24 of 75
2.
180
False
Testimony
Against a
Defendant
1.
2.
3.
3.
4.
182
False
Testimony in
Civil Cases
1.
2.
3.
4.
5.
Vena V. Verga
2.
RT if the
defendant shall
have been
sentenced to
death
PM if defendant
shall have been
sentenced to RT
or Perpetua
A Mayor if
defendant shall
have been
sentenced to
correctional
penalty or a fine,
or shall have
been acquitted
1.
A Mayor in max
to PC in
minimum and a
fine not to
exceed P1,000
if prosecution is
for a felony
punishable by an
afflictive penalty
A Mayor in any
other case
PC in minimum
and a fine not to
exceed P6,000
1.
A Mayor in max
to PC in
minimum and
fine not to
exceed P1,000
3.
2.
3.
4.
2.
3.
1.
2.
not punishable
An exact imitation of a uniform or dress is
unnecessary
Penalty for false testimony against the
defendant in a criminal case depends upon
the sentence imposed on the person against
whom the false testimony was given
Defendant must be sentenced at least to a
correctional penalty, or a fine, or must be
acquitted
Witness who gave false testimony is liable
even if his testimony was not considered by
the court
The law intends to punish the mere giving of
false testimony
Vena V. Verga
b.
183
False
Testimony in
Other Cases
and Perjury
in Solemn
Affirmation
1.
2.
A Mayor in
maximum to PC
in minimum
1.
2.
3.
4.
5.
6.
7.
8.
9.
184
Offering
False
Testimony in
1.
2.
3.
Respective
penalties
provided in this
section
1.
Vena V. Verga
185
Machinations,
Monopolies,
and
Combinations
186
Monopolies
and
Combinations
in Restraint
of Trade
1.
PC in minimum
period and a fine
ranging from
10% to 50% of
the value of the
thing auctioned
1.
2.
3.
4.
5.
PC in minimum
or a fine ranging
from P200 to
P6,000, or both
1.
2.
3.
4.
5.
Vena V. Verga
thereof; But the president and directors or
managers are only liable if they:
a. knowingly permitted, or
b. failed to prevent the commission of such
offense
b.
187
Importation
and
Disposition of
Falsely
Marked
Articles
188
Substituting
and Altering
Trademarks,
Trade
names, or
Service
marks
PC or a fine
ranging from
P200 to P1,000
1.
2.
3.
PC in minimum
or a fine ranging
from P500 to
P2,000 or both
1.
2.
3.
4.
5.
6.
7.
8.
Vena V. Verga
189
Unfair
Competition,
Fraudulent
Registration
of Trade
Name,
trademark, or
service mark,
Fraudulent
designation
of Origin, and
False
Description
Acts Punished:
1. By selling his goods, giving them the general appearance
of the goods of another manufacturer or dealer (Unfair
Competition)
a. That the offender gives his goods the general
appearance of the goods of another manufacturer or
dealer
b. That the general appearance is shown in the (a) goods
themselves, or in the (b) wrapping of their packages,
or in the (c) device or words therein, or (d) any other
feature of their appearance
c. That the offender offers to sell(s) those goods or gives
other persons a chance or opportunity to do the same
with a like purpose
d. That there is actual intent to deceive public or defraud
a competitor
2. By (a) affixing to his goods or using in connection with his
services a false designation of origin, or any false
description or representation, and (b) by selling such
goods and services
3. By procuring fraudulently from the patent office the
registration of trade name, trademark, or service mark
Smuggling or Illegal Importation:
requisites:
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 the defendant must be shown to have knowledge that
the merchandise had been illegally imported
9.
Penalty provided
for in the next
preceding article
1.
2.
3.
4.
5.
6.
Vena V. Verga
7.
Repealed by Dangerous Drugs Act of 1972
Amended by PD 1602 Prescribing Stiffer Penalties in Illegal
Gambling
196
Acts Punished:
Importation, 1. By importing into the Philippines from any foreign place or
sale and
port any lottery ticket or advertisement
Possession of 2. By selling or distributing the name in connivance with the
Lottery
importer
Tickets or
3. By possessing, knowingly and with intent to use, lottery
Ads
tickets or advertisements
4. By selling or distributing the same without connivance with
the importer
190 194
195 199
197
198
Illegal
Betting on
Horse Races
A Mayor in
maximum to PC
in minimum or a
fine ranging from
P200 to P2,000,
or both
importation or
selling and
distributing
A Menor or fine
not exceeding
P2,000 or both
possessing
1.
A Menor or fine
not exceeding
P200, or both
1.
2.
3.
4.
2.
A Mayor or a fine
from P200 to
P2,000, or both
2.
3.
199
Illegal
Cockfighting
A Menor or a fine
not exceeding
P200 or both
1.
2.
Page 30 of 75
Vena V. Verga
201
Immoral
Doctrines,
Obscene
Publications
and
Exhibitions,
and Indecent
Shows
202
Vagrants and
Prostitutes
1.
2.
A Mayor and
Public Censure
Publicity is essential
PM or a fine
ranging from
P6,000 to
P12,000 or both
2.
3.
4.
Those Liable:
1. Those who shall publicly expound or proclaim doctrines
openly contrary to public morals
2. 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
3. Thos who, in theaters, fairs, cinematographs, etc., exhibit
indecent or immoral plays, scenes, acts, etc. it being
understood that the obscene literature or indecent or
immoral lays, etc. whether in live or in file, which are
proscribed by virtue hereof
4. Those who shall sell, give away, or exhibit films, prints,
engravings, sculptors, etc. which are offensive to morals
Vagrants:
1. Any person having no apparent means of subsistence, who
has physical ability to work and who neglects to apply
himself to some lawful calling
2. Any person found loitering about public or semi-public
buildings or places, or tramping or wandering about the
country or the streets without visible means of support
3. Any idle or dissolute person who lodges in houses of ill/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer
1.
1.
2.
3.
4.
5.
6.
7.
8.
A Menor or a fine
not exceeding
P200
1.
In case of
recidivism, A
Mayor in medium
to PC in
3.
2.
established
usage,
social
conventions carried on by tradition and
enforced by social disapproval of any
violation thereof
If the act(s) of the offender are punished
under another article of this code, Article
200 is not applicable
The acts must be performed in a public place
or within the public knowledge or view
The author of obscene literature is liable only
when it is published with his knowledge
In every case, the editor publishing is liable
The test of obscenity is whether the
tendency of the matter charged as obscene
is to deprave or corrupt those minds are
open to such immoral influences, an d into
who shads 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 nudity in pictures or paintings is not an
obscenity
Give Away should be read as distribute
Pictures with slight degree of obscenity not
used for arts sake but for commercial
purposes, fall under this Article
The object of the law is to protect the morals
of the public
Disposition of articles to be forfeited in
favor of the government
Only par. 1 and 2 requires absence of visible
means of support
Mendicancy and abetting mendicancy are
punished
Giving of alms thru organized agencies
operation under the rules and regulations of
the Ministry of Public Information is not a
violation of the Mendicancy Law
Page 31 of 75
203
Who are
Public
Officers
204
Knowingly
Rendering
Unjust
Judgment
1.
2.
1.
2.
3.
4.
Misfeasance
improper performance of some act which might
lawfully be done
Vena V. Verga
minimum or a
fine from P200 to
P2,000 or both
4.
5.
6.
7.
PM and Perpetual
Absolute
Disqualification
(PAD)
1.
2.
3.
4.
Malfeasance
performance of an act which ought NOT to be done
Nonfeasance
omission of some act which ought to be performed
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer
5.
Judgment
final
consideration
and
determination of a court of competent
jurisdiction upon the matters submitted to it,
in an action or proceeding
Unjust Judgment one which is contrary to
law, or is not supported by the evidence, or
both
An unjust judgment is rendered knowingly,
when it is made deliberately and maliciously
Sources of Unjust Judgment:
a. Error no liability for error in good faith
b. Ill-will or Revenge
c. Bribery
There must be evidence that the judgment is
unjust it cannot be presumed
Page 32 of 75
Vena V. Verga
6.
7.
205
Rendering
Judgment
Thru
Negligence
1.
2.
A Mayor and
Temporary
Special
Disqualification
(TSD)
1.
206
Rendering
Unjust
Interlocutory
Order
1.
2.
A Mayor in
minimum and
Suspension
1.
207
Malicious
Delay in the
Admin of
Justice
208
Dereliction of
Duty in
Prosecution
of Offenses
1.
2.
3.
4.
That
That
That
That
PC in minimum
Acts Punishable:
1. By maliciously refraining from institution prosecution
against violators of the law
2. By maliciously tolerating the commission of offenses
PC in minimum
period and
suspension
3.
4.
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 there is dereliction of the duties of his office; that is,
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
Suspension
2.
2.
1.
2.
1.
2.
3.
4.
5.
6.
Vena V. Verga
209
Betrayal of
Trust by an
Attorney or
Solicitor
Acts Punished:
1. By causing damage to his client, either (a) by any
malicious breach of professional duty, (b) by inexcusable
negligence or ignorance
2. By revealing any of the secrets of his client learned by him
in his professional capacity
3. By 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
In addition to
proper
administrative
action, PC in
minimum or a
fine ranging
P200 P1,000
210
Direct
Bribery
PM in medium
and maximum
and fine of not
less than value
of gift and not
less than 3x
value of gift, in
addition to the
penalty
corresponding to
crime agreed
upon and Special
Temporary
Disqualification
(STD) if the
same crime
should have
been committed
and if the act
does not
constitute a
crime and officer
executed the act
2.
3.
Elements:
1. That the offender be a public officer within scope of Article
203
2. That the offender accepts an offer or a promise or receives
a gift or present by himself or thru another
3. That such offer or promise be accepted, or gift or present
received by the public officer:
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
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
Prevaricacion (Art. 208) Distinguished from Bribery:
1. Both are committed by refraining doing something which
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer
PC in medium
and fine of not
less than 2x
value of gift and
STD if act shall
not have been
accomplished
1.
2.
Vena V. Verga
1.
2.
3.
4.
211
Indirect
Bribery
1.
2.
3.
1.
2.
3.
A Mayor,
suspension in
minimum and
medium and
public censure
No attempted or
frustrated
indirect bribery
1.
2.
3.
4.
Penalty for
offense which
was not
prosecuted
first paragraph
Penalty of death
if it is the
public officer
who asks or
demands such
gift or present
Page 35 of 75
1.
Vena V. Verga
Same penalties
imposed upon
officer corrupted
except
disqualification
and suspension
PC medium to
PM minimum, or
a fine ranging
from P200 to
P10,000, or both
Provisions of
Administrative
Code when
culprit is an
officer or
employee of BIR
or BOC
214
Other Frauds
In addition to the
penalties
prescribed in the
1.
2.
215
Prohibited
Transactions
1.
2.
3.
4.
Vena V. Verga
provisions of
Chapter 6, Title
10, Book 2 of
this Code, the
penalty of TSD in
maximum to PSD
PC minimum or a
fine ranging from
P200 to P1,000,
or both
217
Malversation
of Public
Funds or
Property
Presumption
of
Malversation
1.
2.
3.
3.
4.
5.
A Mayor medium
period to PC
minimum period,
or a fine ranging
from P200 to
P1,000, or both
1.
2.
PC in medium
and maximum
if amount does
not exceed P200
1.
PM minimum and
medium if
amount is more
than P200 by not
exceeding
P6,000
3.
3.
2.
4.
4.
property
negligence must be positive and clearly shown to be
inexcusable, approximating malice or fraud
By being otherwise guilty of the misappropriation or
malversation of such funds or property
Vena V. Verga
PM maximum to
RT minimum, if
amount more
than P6,000 but
less than
P12,000
RT medium and
maximum, if
amount more
than P12,000 but
less than
P22,000
RT maximum to
RP if amount
exceeds P22,000
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
218
Failure of
Accountable
Officer to
Render
Accounts
1.
219
Failure to
Render
Accounts
before
Leaving the
Country
1.
2.
220
Illegal Use of
Public Funds
or Property
1.
2.
2.
3.
4.
3.
3.
4.
Vena V. Verga
PC in minimum,
or fine ranging
from P200 to
P6,000, or both
A Mayor or fine
ranging from
P200 to P1,000,
or both
PC minimum or a
fine ranging from
to total value
of sum
misapplied, with
TSD if damage
or
embarrassment
resulted
1.
Acts Punishable:
1. By failing to make payment by public officer who is under
obligation to make such payment from Government funds
in his possession
Page 39 of 75
222
Officers
Included in
the Preceding
Provisions
223
Conniving
with or
Consenting to
Evasion
224
Evasion
Through
Negligence
2.
1.
2.
3.
Vena V. Verga
Under 2nd
paragraph, Fine
shall be
graduated by
value to thing,
provided that it
shall not be less
than P50
Provisions of this
chapter shall
apply
1.
2.
3.
4.
PC medium and
maximum and
TSD maximum to
PSD sentenced
by final
judgment to any
penalty
PC minimum and
TSD fugitive
not finally
convicted but
only held as
detention
prisoner
A Mayor
maximum to PC
minimum and
TSD
1.
2.
3.
4.
5.
1.
2.
3.
1.
2.
3.
4.
1.
2.
3.
4.
Vena V. Verga
Penalty next
lower in degree
than that
prescribed for
the public officer
3.
PC minimum and
medium and fine
not exceeding
P1,000
damage not
serious
5.
228
Opening of
4.
1.
2.
7.
9.
10.
11.
1.
2.
3.
6.
8.
227
Officer
Breaking Seal
4.
12.
PC minimum and
medium, TSD
and fine not
exceeding
P2,000
A Mayor, TSD
and fine not
13.
1.
2.
1.
2.
3.
4.
Vena V. Verga
exceeding
P2,000
3.
4.
229
Revelation of
Secrets by an
Officer
Elements of No. 1:
1. That the offender is a public officer
2. That he knows a secret by reason of his official capacity
3. That he reveals such secret without authority or justifiable
reasons
4. That damage, great or small, be cause to the public
interest
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 3 rd
person
5. That the delivery is wrongful
6. That damage be caused to public interest
230
Public Officer
Revealing
Secrets of
Private
Individual
231
Open Disobedience
PC medium and
maximum, PSD,
and fine not
exceeding
P2,000 serious
damage
1.
PC minimum,
TSD, and fine
not exceeding
P500 not so
serious
2.
3.
4.
5.
6.
1.
2.
3.
A Mayor medium
to PC minimum,
TSD maximum,
and fine not
exceeding
P1,000
Page 42 of 75
1.
2.
3.
4.
5.
1.
2.
3.
234
Refusal to
Discharge
Elective
Office
1.
235
Maltreatment of
Prisoners
1.
2.
2.
3.
3.
Vena V. Verga
PC minimum and
medium and PSD
A Mayor medium
to PC minimum,
PSD and fine not
exceeding
P1,000 serious
damage
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
1.
2.
A Mayor medium
and maximum,
fine not
exceeding P500
not so serious
damage
A Mayor or fine
not exceeding
P1,000 or both
1.
2.
1.
2.
3.
PC medium
period to PM in
minimum, in
addition to
liability for
physical injuries
or damages
caused under
paragraph 1
1.
2.
3.
4.
Page 43 of 75
236
Anticipation
of Duties of
Public Office
237
Prolonging
Performance
of Duties and
Powers
238
Abandonmen
t of Office or
Position
1.
2.
3.
4.
1.
2.
3.
1.
2.
3.
4.
Qualifying Circumstance:
preventing, prosecuting or punishing any of the crimes
falling within Title One, and Chapter One of Title 3 of
Book 2 (Crimes against National Security and Law of
Nations and Crimes against Public Order)
239
Usurpation of
Legislative
Powers
240
Usurpation of
Executive
Functions
1.
2.
1.
2.
Vena V. Verga
PM in minimum,
TSD and fine not
exceeding
P6,000, in
addition to
liability for
physical injuries
or damage
caused
Suspended until
complied with
formalities and
fine from P200P500
5.
PC minimum,
TSD minimum,
and fine not
exceeding P500
A Mayor to
detriment of
public service
1.
PC minimum and
medium, and A
Mayor if to
evade duty of
preventing,
prosecuting or
punishing
PC minimum,
TSD, and fine
not exceeding
P1,000
A Mayor in
medium period
to PC in
minimum period
6.
7.
2.
Page 44 of 75
1.
242
Disobeying
Request for
Disqualificati
on
1.
2.
3.
2.
4.
243
Orders or
Requests by
Executive
Officer to any
Judicial
Authority
244
Unlawful
Appointment
s
1.
2.
245
Abuses
Against
Chastity
1.
2.
246
Parricide
1.
2.
3.
3.
1.
2.
3.
4.
3.
Vena V. Verga
A Mayor medium
to PC minimum
1.
A Mayor and a
fine not
exceeding
P1,000
1.
PC medium and
maximum and
TSD
1.
2.
2.
3.
2.
3.
4.
RP to Death
1.
2.
3.
Vena V. Verga
accused
4.
5.
6.
Note:
1. Other ascendants or descendants must be legitimate
2. Father, mother, or child may be legitimate or illegitimate
247
Death or
Physical
Injuries
Inflicted
Under
Exceptional
Circumstances
1.
2.
7.
8.
* Note:
This article does
not define and
penalize a
penalty
Destierro if
accused killed or
inflicted serious
physical injuries
on spouse or
other person
Exempt from
punishment if
inflicted physical
injuries of any
kind
* Note:
- Justification for this article: burst of passion
Destierro is
intended to
protect spouse
from reprisals by
relatives of
deceased spouse
3.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
Vena V. Verga
sustained by 3rd persons as a result thereof,
since he was NOT committing a felony
248
Murder
1.
2.
3.
4.
249
Homicide
RP to Death
1.
2.
3.
4.
5.
6.
7.
RT
1.
2.
3.
4.
5.
6.
7.
Vena V. Verga
homicidal intent
8.
9.
1.
2.
3.
1.
2.
3.
4.
5.
6.
252
Physical
Injuries
Caused in
Tumultuous
Affray
4.
PM in case of
death of victim,
though it cannot
be ascertained
who killed him, if
person who
inflicted serious
physical injuries
can be identified
PC in medium
and maximum
all those who
used violence
upon victim
1st paragraph
Penalty next
lower in degree
than that
provided for the
physical injuries
so inflicted
2nd Paragraph
1.
2.
3.
4.
1.
2.
3.
4.
imprudence
Where the wounds that caused death were
inflicted by 2 different persons, even if they
were not in conspiracy, each of them is guilty
of homicide
This article is permissive, not mandatory
Court may impose penalty 2 degrees lower
for frustrated parricide, murder or homicide
Court may impose penalty 3 degrees lower
for attempted parricide, murder or homicide
An attempt against the life of the Chief
Executive, etc. is punishable by death
When there are two identified groups of men
who assaulted each other, then there is no
tumultuous affray
The person killed in the course of the affray
need not be one of the participants in the
affray
If the one who inflicted the fatal wound is
know, the crime is NOT homicide in
tumultuous affray but HOMICIDE under
Article 249 against the one who inflicted the
fatal wound
The serious physical injuries, if inflicted by
one of the participants, should not be the
cause of the death of the deceased
Vena V. Verga
A Mayor from 5
to 15 days
253
Giving
Assistance to
Suicide
physical injuries
PM any person
who shall assist
another to
commit suicide
1.
RT lending
assistance to the
extent of doing
the killing
himself
3.
A Mayor medium
and maximum
if suicide is not
consummated
5.
2.
4.
6.
7.
254
Discharge of
Firearms
1.
2.
PC minimum and
medium any
person who shall
shoot at another
firearm unless
frustrated or
attempted
parricide, murder
or homicide, or
any other crime
for which a
higher penalty is
prescribed by
articles of this
code
1.
2.
3.
4.
5.
6.
7.
8.
1.
2.
3.
Vena V. Verga
Penalty provided
for parricide (Art.
246) and Murder
(Art. 248)
PM medium and
maximum if
committed by
the mother of
child for
purposes of
concealing
dishonor
RT if crime
committed for
same purpose by
maternal
grandparents or
either of them
256
Intentional
Abortion
257
Unintentional
RT if he shall
use any violence
upon the person
of the pregnant
woman
PM if, without
using violence,
he shall act
without the
consent of the
woman
1.
2.
3.
4.
5.
6.
1.
2.
PC medium and
maximum if
woman shall
have consented
PC minimum and
medium
1.
2.
3.
4.
Vena V. Verga
intending an abortion
That the violence is intentionally exerted
That as a result of the violence, the fetus dies, either in
the womb or after having been expelled therefrom
3.
4.
* Note:
- Violence is actual physical force
5.
6.
7.
258
Abortion
Practiced by
the Woman
Herself or by
her Parents
259
Abortion
Practiced by
a Physician
or Midwife
and
Dispensing of
Abortives
1.
2.
3.
PC medium and
maximum
woman who
practices
abortion on
herself; parents
of woman or
either of them to
conceal dishonor
1.
2.
3.
PC minimum and
medium any
woman who does
it to conceal
dishonor
Penalties
provided for in
Article 256 in
maximum period
who takes
advantage of
scientific
knowledge or
skill
A Mayor and a
fine not
exceeding
P1,000
pharmacist
1.
2.
3.
4.
Page 51 of 75
261
Challenging
to Duel
262
Mutilation
263
Serious
Physical
Injuries
Vena V. Verga
RT if he should
kill his adversary
Penalty provided
therefore,
according to
their nature in
case of physical
injuries
A Mayor
combatants,
although no
physical injuries
have been
inflicted
PC minimum
RT to RP
essential organ
for reproduction
PM medium and
maximum
other mutilation
1.
2.
3.
PM under no. 1
1.
PC medium and
maximum
under no. 2
2.
PC minimum and
medium under
no. 3
3.
4.
5.
4.
Vena V. Verga
A Mayor
maximum to PC
minimum
under no. 4
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
264
Administering
Injurious
Substances
or Beverages
1.
2.
3.
Penalties
established by
the next
preceding article
1.
2.
3.
4.
266
Slight
Physical
Injuries and
Maltreatment
266-A
Rape
266-B
Penalties
Vena V. Verga
Fine not
exceeding P500
in addition to A
Mayor 2nd
paragraph
A Menor par 1
A Menor or fine
not exceeding
P200 par 2
A Menor
minimum or fine
not exceeding
P50 - par 3
1.
Rape committed
under any of the
4 Circumstances:
a. Par. 1 RP
b. Par. 2 PM
1.
2.
Paragraph 2:
1. Offender commits an act of sexual assault
2. That the act of sexual assault is committed by any of the
following means:
a. by inserting his penis into another persons mouth or
anal orifice; or
b. by inserting any instrument or object into the genital
or anal orifice of another person
3. That the sexual act is accomplished under the
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer
PC in minimum
and medium
paragraph 3
1.
2.
3.
4.
Rape committed
with use of
deadly weapon
or by 2 or more
persons:
a. Par. 1 RP
to death
b. Par. 2 PM
to RT
Rape where
victim becomes
insane:
a. Par. 1 RP
to death
2.
Matters to Note:
a. That the offended party is incapacitated
for labor for 10 days or more (but not
more than 30), or needs medial
attendance for same period of time
b. That the physical injuries must not be
those described in the preceding articles
Medical attendance or incapacity is required
It is only slight physical injury when there is
no medical attendance or incapacity for labor
Actual medical attendance is required
When there is no evidence of actual injury, it
is only slight physical injuries
Example of paragraph 3 is slapping the face
of offended party
266-C
Effect of
Pardon
Qualifying Circumstances:
1. When by reason or on occasion of the rape, a homicide is
committed
2. When victim is under 18 and offender is parent,
ascendant, stepparent, guardian, relative by consanguinity
or affinity within 3rd civil degree, or common-law spouse of
the parent of victim
3. When the victim is under the custody of the police or
military authorities or any law enforcement or penal
institution
4. When the rape is committed in full view of the husband,
parent, any of the children or other relatives within the 3rd
civil degree of consanguinity
5. 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
6. When the victim is a child below 7 years of age.
7. 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.
8. When committed by any member of AFP or paramilitary
units thereof or 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
9. When by reason or on the occasion of the rape, the victim
has suffered permanent physical mutilation or disability
10. When the offender knew of the pregnancy of the offended
party at the time of the commission of the crime
11. When the offender knew of the mental disability,
emotional disorder and/or physical handicap of the
offended party at the time of the commission of the crime
1. Subsequent valid marriage between the offender and the
offended party shall extinguish the criminal action or the
penalty imposed.
2. In case it is the legal husband who is the offender, the
subsequent forgiveness by the wife as the offended party
shall extinguish the criminal action or the penalty
Vena V. Verga
b.
Par. 2 RT
Attempted Rape
and Homicide:
a. Par. 1 RP
to death
b. Par. 2 RT to
RP
12.
13.
Rape with
Homicide:
a. Par. 1
death
b. Par. 2 RP
14.
Rape with
Aggravating
Circumstances:
a. Par. 1
death
b. Par. 2 - RT
17.
15.
16.
18.
19.
20.
21.
1.
2.
3.
1.
2.
267
Kidnapping
and Serious
Illegal
Detention
1.
2.
3.
4.
Vena V. Verga
RP to Death
any of the 4
circumstances
Death purpose
of extorting
ransom
Maximum
penalty if
victim is killed or
dies, or raped or
subject to
torture or
dehumanizing
acts
1.
2.
3.
4.
RT offender
and person who
furnished place
for perpetration
of crime
PM minimum and
1.
269
Unlawful
Arrest
1.
2.
3.
Vena V. Verga
medium and a
fine not
exceeding P700
voluntary
release
A Mayor and a
fine note
exceeding P500
270
Kidnapping
and Failure to
Return a
Minor
271
Inducing a
Minor to
Abandon His
Home
272
Slavery
1.
2.
1.
2.
1.
2.
3.
RP
A Mayor or a fine
not exceeding
P300 or both
when the crime
is committed by
father or mother
PC and a fine not
exceeding P700
offender is any
person
A Mayor or a fine
not exceeding
P300, or both
offender is
parent
PM and a fine not
exceeding
P10,000
Maximum Period
if purpose is to
commencement of detention
Without having attained purpose
intended
c. Before the institution of criminal
proceedings against him
The offender is any person, whether a public
officer or a private individual
There is no unlawful arrest when the arrest
is authorized by a warrant issued by the
court
Distinguished from Article 125:
a. Article 126 detention is for legal
grounds; in unlawful arrest detention
is illegal
b. Article 125 crime is failing to deliver
person; in unlawful arrest crime is
making unauthorized arrest
Motive of offender is controlling
No period of detention is fixed
This covers all minors, whether under or
over 7 years of age
What is punished is the deliberate failure of
the custodian of the minor to restore the
latter to his parents or guardians
Kidnapping and failure to return a minor is
necessarily included in Kidnapping and
Serious Illegal Detention
b.
4.
5.
1.
2.
3.
1.
2.
1.
2.
Vena V. Verga
assign to
immoral traffic
273
Exploitation
of Child Labor
1.
2.
3.
PC minimum and
medium and a
fine not
exceeding P500
1.
274
Services
Rendered
Under
Compulsion
in Payment
1.
A Mayor
maximum to PC
minimum
1.
2.
3.
2.
2.
3.
275
Abandonmen
t of Persons
in Danger
and
Abandonmen
t of Ones
Own Victim
276
Abando-ning
a Minor
Acts Punishable:
1. Failing to render assistance to any person whom 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
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
d. The accused fails to render assistance
2. Failing to help or render assistance to another whom the
offender has accidentally wounded or injured
3. Failing to deliver a child, under 7 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
1. That the offender has the custody of a child
2. That the child is under 7 years of age
3. That he abandons such child
4. That he has not intent to kill the child when the latter is
abandoned
Qualifying Circumstances:
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer
A Mayor
1.
2.
3.
4.
A Mayor and a
fine not
exceeding P500
PC medium and
maximum
results in death
1.
2.
278
Exploitation
of Minors
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
a. The offender has charge of the rearing/education of a
minor
b. He delivers minor to a public institution or other
persons
c. 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
a. That the offender is a parent
b. That he neglects his children by not giving them
education
c. That his station in life requires such education and his
financial condition permits it
Acts Punished:
1. By causing any boy or girl under 16 to perform any
dangerous feat of balancing, physical strength or
contortion, the offender being any person
2. By employing children under 16 who are not the 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
person engaged in a similar calling
3. By employing any descendant under 12 in dangerous
exhibitions enumerated in the next preceding paragraph,
the offender being engaged in any of the said callings
4. By delivering a child under 16 gratuitously to any person
following any of the calling enumerated in paragraph 2, 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
Vena V. Verga
of minor
PC minimum and
medium
endanger life of
minor
A Mayor and a
fine not
exceeding P500
3.
4.
1.
2.
3.
4.
PC in minimum
and medium and
a fine not
exceeding P500
Maximum period
if delivery shall
have been made
in consideration
of any price,
compensation, or
promise
1.
2.
3.
4.
not presumed
A permanent, conscious and deliberate
abandonment is required by this article
Parents guilty of abandoning their children
shall be deprived of parental authority
Rear bring to maturity by educating,
nourishing,
Only the person charged with the rearing or
education of the minor is liable
Article 276 Distinguished from Article 277
a. Article 276 the custody of the offender
is general; Article 277 the custody of
the offender is specific (custody for the
rearing or education of minor)
b. Article 276 minor is under 7; Article
277 minor is under 21 [18]
c. Article 276 minor is abandoned in such
a way as to deprive him of the care and
protection that his tender years need;
Article 277 minor is delivered to a
public institution or other person
Failure to give education must be due to
deliberate desire to evade such obligation
Page 59 of 75
Vena V. Verga
5.
279
Additional
Penalties
280
Qualified
Trespass to
Dwelling
281
Other Forms
of Trespass
Exceptions:
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 3rd 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 houses, while the same are still open
PC medium and
maximum and
fine not
exceeding
P1,000
committed by
means of
violence
5.
6.
7.
8.
9.
10.
11.
12.
1.
2.
3.
4.
13.
A Menor or a fine
not exceeding
P200, or both
1.
2.
Vena V. Verga
express/implied; Other Trespass
prohibition to enter is manifest
282
Grave
Threats
283
Light 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 thought not unlawful, and 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
d. That the offender attains his purpose
2. By making such threat without the offender attaining his
purpose
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
a. That the offender threatens another person with
the infliction upon the latters person, honor, or
property, or upon the latters family, of any wrong
b. That such wrong amounts to a crime
c. That the threat is not subject to a condition
Penalty next
lower in degree
than that
prescribed by
law for the crime
he threatened to
commit
Penalty lower by
2 degrees if
offender did not
attain his
purpose
1.
2.
3.
A Mayor
4.
284
Required to Give Bail not to Molest Another:
Bond for
1. When he threatens another under the circumstances
Good
mention in Article 282
Behavior
2. When he threatens another under the circumstances
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer
Maximum Period
if threat in
writing or thru a
middleman
A Mayor and a
fine not
exceeding P500
if no condition
Destierro
1.
Vena V. Verga
2.
3.
285
Other Light
Threats
1.
2.
3.
A Menor
minimum or a
fine not
exceeding P200
1.
2.
3.
286
Grave
Coercions
Ways to Commit:
1. By preventing another, by means of violence, threats or
intimidation, from doing something not prohibited by law
2. By compelling another, by means of violence, threats or
intimidation, to do something against his will, whether it
be right or wrong
Elements:
1. That a person prevented another from doing something
not prohibited by law, or that he compelled 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
3. That the person that restrained the will and liberty of
another had not the authority of law or the right to do so,
or, in other words, that the restraint shall not be made
under authority of law or in the exercise of lawful right
Coercion Distinguished from Illegal Detention:
illegal detention requires actual confinement or
restraint of the person
1.
2.
3.
4.
5.
6.
7.
8.
9.
287
Light
Coercions
1.
2.
3.
4.
288
Other Similar
Coercions
1.
2.
Vena V. Verga
A Mayor in
minimum and
fine equivalent to
value of thing,
but in no case
less than P75
A Menor or a fine
P5-P200, or both
any other
coercion or
unjust vexation
A Mayor or a fine
ranging from
P200 - P500, or
both
Page 63 of 75
1.
290
1.
Discovery of
Secrets Thru
Seizure of
Correspondenc
e
2.
Vena V. Verga
A Mayor and a
fine not
exceeding P300
1.
2.
3.
4.
2.
3.
4.
291
Revealing
Secrets with
Abuse of
Office
1.
2.
292
Revelation of
Industrial
Secrets
1.
3.
PC in minimum
and medium and
a fine note
exceeding P500
if offender
reveals secrets
1.
A Mayor and a
fine not
exceeding P500
if offender shall
not reveal such
secrets
4.
1.
2.
3.
5.
6.
7.
2.
3.
2.
3.
4.
PC minimum and
medium and a
fine not
exceeding P500
4.
1.
2.
3.
Vena V. Verga
4.
293
Who are
Guilty of
Robbery
Classification:
1. Robbery with violence against, or intimidation of persons
(RVAIP)
2. Robbery with the use of force upon things (RFUT)
a. Robbery in Inhabited House or Public Building or
Edifice devoted to Public Worship
b. Robbery in Uninhabited House or in a Private Building
Elements of Robbery in General:
1. That there be personal property belonging to another
2. That there is unlawful taking of that property
3. That the taking must be with intent to gain
4. That there is violence against or intimidation of any
person, or force upon anything
Those Guilty of Robbery Any person who, with intent to
gain, shall take any personal property belonging to another, by
means of violence against or intimidation of any person, or
using force upon anything, shall be guilty of robbery
Distinctions Between Effects of Employment of VAIAP
and those of use FUT:
1. Whenever violence against or intimidation of any person is
used, the taking is always robbery; If there is no violence
or intimidation, but only FUT, taking is robbery if force is
used to either enter building or to break doors, etc.
2.
3.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
establishment
Prejudice is an essential element of the
offense
The property taken must be personal
property and not real property.
Prohibitive articles may be subject matter of
robbery
The property must belong to another
Ownership is not necessary; the possession
of property is sufficient
Naming of the owner is a matter of essential
description of the crime of robbery with
homicide and not in RVAIP or RFUT
The personal property is taken against will of
owner
Taking must be unlawful
Unlawful Taking is complete:
a. RVAIP from moment offender gains
possession of the thing
b. RFUT thing must be taken out of
building
Taking means depriving offended party of
ownership of thing taken with character of
permanency
Intent to gain is presumed from unlawful
taking of personal property
Intent to gain and personal property
belonging to another must concur
Violence must be against person of offended
party and not upon thing taken
Intimidation need not be threat of bodily
harm
General Rule: Violence or intimidation
must be present before taking personal
property is complete
Exception: When violence results in (1)
homicide, (2) rape, (3) intentional
mutilation, or (4) any of the serious physical
injuries penalized in par. 1 and 2 of Art. 263,
taking of personal property is complexed
with any of those crimes under Art. 294,
even if taking was already complete when
violence was used by the offender
Page 65 of 75
294
Robbery with
Violence
Against or
Intimidation
of Persons
Acts Punished:
1. When by reason or on occasion of robbery, crime of
homicide is committed
2. When robbery is accompanied by rape or intentional
mutilation or arson
3. When by reason or on occasion of such robbery, any of the
physical injuring resulting in insanity, imbecility, impotency
or blindness is inflicted
4. When by reason or on occasion of such robber, any of the
physical injuries resulting in loss of use of speech or the
power to hear or to smell, or the loss of an eye, a hand, a
foot, an arm, or a leg or the loss of the use of any such
member or incapacity for the work in which the injured
person is theretofore habitually engaged is inflicted
5. 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
6. When in the course of its execution, the offender shall
have inflicted upon any person not responsible for the
commission of the robbery any of the physical injuries in
consequence of which the person injured becomes
deformed or loses any other member of his body or loses
the use thereof or becomes ill or incapacitated for the
performance of the work in which he is habitually engaged
for more than 90 days or the person injured becomes ill or
incapacitated fro labor for more than 30 days
7. 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
Requisites of Robbery under Second Case of Paragraph
4:
1. That any of the physical injuries defined in paragraphs 3
and 4 of Art. 263 was inflicted in the course of the robbery
2. That any of them was inflicted upon any person not
responsible for the commission of the robbery
Vena V. Verga
RP to death
paragraph 1 (no.
1 and 2)
RT medium to RP
paragraph 2
(no. 3)
RT paragraph 3
(no. 4)
PM maximum to
RT medium
paragraph 4 (no.
5 and 6)
PC maximum to
PM medium
paragraph 5 (no.
7)
Vena V. Verga
1.
2.
3.
4.
5.
295
Robbery with
Physical
Injuries,
committed
Uninhabited
Place and by
a band, or
use of
Firearm
Maximum period
of proper
penalties
1.
2.
3.
4.
Page 67 of 75
Outline:
1. When at least 4 armed malefactors take part in
commission of a robbery, it is deemed to be committed by
a band
2. When any of the arms used in the commission of robber is
not licensed, the penalty upon ALL the malefactors shall
be the maximum period of corresponding penalty provided
by law, without prejudice to criminal liability for illegal
possession of such unlicensed firearms
3. Any member of a band who was present at the
commission of a robbery by the band, shall be punished as
principal of any of the assaults committed by the band,
unless it be shown that he attempted to prevent the same
Vena V. Verga
Maximum period
of corresponding
penalty provided
by law, without
prejudice to
criminal liability
for illegal
possession of
such unlicensed
firearms
1.
2.
3.
4.
5.
6.
7.
8.
297
Attempted
and
Frustrated
Robbery
Committed
Under Certain
Circumstance
s
RT maximum to
RP, unless
homicide
committed shall
deserve a higher
penalty under
the RPC
1.
2.
3.
4.
5.
Page 68 of 75
1.
2.
3.
4.
Vena V. Verga
1.
2.
338
Simple
Seduction
1.
2.
3.
4.
That
age
That
That
That
A Mayor
1.
339
Acts of
Lasciviousnes
s with
Consent of
Offended
Party
1.
2.
3.
A Mayor
6.
7.
8.
1.
2.
3.
Vena V. Verga
would amount to either qualified
seduction or simple seduction
340
Corruption of
Minors
1.
2.
3.
341
White Slave
Trade
342
Forcible
Abduction
PM to satisfy
lust of another
In addition, TAD
public officer or
employee
Acts Penalized:
1. Engaging in business of prostitution
2. Profiting by prostitution
3. Enlisting services of women for the purpose of prostitution
PC medium and
maximum
1.
RT
2.
3.
1.
Vena V. Verga
intimidation by offender
Grave Coercion no element of lewd
design
Distinguished from
If offender is under 12, it is forcible
abduction.
The taking away of the girl need not be with
some character of permanency
Abductor need not actually and personally
have taken the abducted female from her
parents home, or induced her to abandon it;
it is sufficient that he was instrumental in
her escape
When there was no solicitation of cajolery
and no deceit and the girl voluntarily went
with man, there is no crime committed even
if they had sexual intercourse
Actual sexual intercourse is not necessary,
since the important element is merely lewd
designs
The court motu proprio can dismiss the case
for failure of the aggrieved party to file the
proper complaint
Rape may be prosecuted de oficio
Imputation of crime of prostitution against a
woman can be prosecuted de oficio.
Adultery or Concubinage
a. Only offended spouse can file the
complaint
b. Both parties, if both alive, must be
included in complaint
c. Both parties must be included even if
one of them is not guilty
Seduction, Abduction or Acts of
Lasciviousness
a. The right to file action granted to
parents, grandparents or guardian shall
be exclusive of all other persons and
shall be exercise successively
b. It is exclusive, because if the parent, for
example, refuse to file, the grandparents
cannot file the complaint
c. When offended party is a minor, her
b.
343
Consented
Abduction
1.
2.
3.
4.
344
Prosecution
of Crimes of
Adultery,
Concubinage,
Abduction,
Rape, and
Acts of
Lasciviousnes
s
1.
2.
PC minimum and
medium
11.
1.
2.
3.
4.
5.
2.
3.
4.
5.
6.
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1.
2.
Vena V. Verga
345
Civil Liability
of Persons
Guilty of
Crimes
Against
Chastity
Seduction or Abduction:
1. To indemnify the offended woman
2. To acknowledge offspring, unless the law should prevent
him form doing so
3. In every case, to support the offspring
346
Liability of
Ascendants,
Guardians,
Teachers or
Other
Persons
Persons Liable
cooperate as accomplices but are punished as
principals:
1. Ascendants
2. Guardian
3. Curators
4. Teachers, and
Adultery or Concubinage
Indemnify damages caused to offended spouse
Penalties
prescribed in
Chapters 2, 3, 4
Teachers TSD
maximum to PSD
Other Person
Special
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5.
365
Imprudence
and
Neligence
Vena V. Verga
disqualification
from filling office
of guardian
6.
7.
8.
Page 73 of 75