3 CrimRev Book2 - DMNST Upd 2016

CRIMINAL LAW REVIEW
BOOK 2 NOTES
(Prosec. Victoria Garcia)
By: Dizon | Manalo | Navarez | Shyu | Tubio

Faculty of Civil Law University of Santo Tomas
Updated: 2016
CRIMINAL LAW REVIEW Book 2 | 2016 | Prosec. Garcia
TITLE ONE cannot be considered as enemies

CRIMES AGAINST NATIONAL SECURITY AND THE because they are still considered as
LAW OF NATIONS (Articles 114 122) Filipino citizens. So the aliens refer to
the citizens of the enemy state which
ARTICLE 114 TREASON is at war with the Philippines.
- is committed by a Filipino citizen or an alien residing in
the Philippines who levies war against the Philippine 3. That the offender either
Government or adheres to her enemies by giving them a) Levies war against the Philippine
aid and comfort government, or
ELEMENTS: b) Adheres to the enemies by
1. The offender is by birth, a Filipino Citizen or an giving them aid or comfort.
alien residing in the Philippines, even if The third element refers to the
temporary allegiance mode of committing treason.
The offender may either be a Filipino treason may be committed by
citizen, because a Filipino citizen either:
owes permanent allegiance to the a. Levies war against the
Philippine Government; or another Philippine government ,requires
offender is a foreigner, an alien the concurrence of two
temporarily residing in the elements:
Philippines. During his temporary 1) there must be an
stay in the Philippines, he is given actual of assembly of men
protection by the Philippine 2) it is for the purpose of
Government under its laws therefore executing or effecting a
it is but incumbent upon him to have treasonable design by
temporary allegiance to the Philippine force.
Government. That is why even an This means that the said
alien, a foreigner temporarily residing offenders, Filipino citizens who
in the Philippines can also commit are said to be in collaboration
treason in times of war. with the enemy troops in order to
hand over the Philippine
2. That there is a war in which the Philippines is Government to the enemy
involved troops. Absent of that
The second element is that there is a collaboration, it cannot be
war in which the Philippines is considered as treason
involved. In the case of Laura vs.
Misa, treason is a war time offense. It b. Adheres to the enemies by
can be committed only in times of giving them aid or comfort.
war. In times of peace, Treason Adherence to the enemies
remains to be dormant crime, mean that the Filipino citizen or
however, the moment when an the offender intentionally,
emergency arises, the moment a war intellectually and emotionally
arises, it is immediately put into effect favors the enemy.
as an act self-defense and self- Therefore,adherence to the
preservation of the Philippine enemies is an internal state of
Government. Treason cannot be mind, it is mental state, you
committed in times of peace, cannot see adherence to the
because in times of peace, there are enemies
no traitors.
How now would you know
Who are these traitors? that a person is adhering to
These enemies are troops of the the enemy state?
enemy state which is in war with the It is manifested by his
Philippines. Filipino men like the acts of giving aid or
MILF, NPAs, even if they are at war comfort to the enemy.
with the Philippine government, they
Dizon | Manalo | Navarez | Shyu | Tubio Page 1

That is why these two ILLUSTRATION:

must concur: Q: What if there is war which the Philippines is involved? X
1. Adherence to the was among those who committed treason against the
enemies government. now X in committing treason killed a public
2. Giving them aid or officer of the government of the Philippines, in furtherance of
comfort his act of treason. Will such act amounting to murder give
rise to a separate and distinct crime? Will you charge him for
Mere adherence to two crimes based on treason and murder?
the enemies, without A: There is only one crime committed by him
any act of giving aid or and the crime committed is treason. Common
comfort to the enemy crimes such as Murder, physical injuries, homicide,
will not bring along arson, if they are committed in furtherance to, in
treason, it is the act of connection with or incidentally to treason shall be
giving aid or comfort absorbed in the crime of treason because they are
which is the atrocities for war and therefore, they are
manifestation of the considered as absorbed in the crime of treason. It
adherence to the cannot even be complex, they are considered
enemies. absorbed in the crime of treason.
EXAMPLES OF ACTS OF ADHERING TO THE ENEMIES Q: What if A, B and C, conspired and agreed to commit
BY GIVING AID OR COMFORT: treason against the Philippine Government. After their
o By giving the enemies information, transportation, conspiracy and agreement, A went to X. A told his friend X
arms, supplies, all of these will weaken the defense that he was in conspiracy with B and C to commit treason
of the Philippines and strengthen the enemy state. against the Philippine Government. After A told him such
o People vs. Perez:The court said, "the act of conspiracy with X, A left. X, despite knowledge of the
commandeering women or giving women to the conspiracy to commit treason among A, B, and C, did not
enemy troops in times of war, to satisfy the lust of disclose such information to the proper authorities. What
the enemy troops is not considered as a crime/crimes is/are committed by A, B, C, and X?
treasonable act." Because according the Court, A: A, B, and C are liable for the conspiracy to
whatever benefit is given to the enemy is merely commit treason. There is a meeting of two or more
trivial in nature,imperceptible and it was not the persons come to an agreement to commit the crime
intent of the offender (unintentionally). of treason and decide to commit it.There is
proposal to commit treason when a person has
There are two ways of proving treason under Article decided to commit the crime of treason and
114: proposes its execution to some other person or
1. TESTIMONY OF TWO WITNESSES, AT persons. The moment that other person whom the
LEAST, TO THE SAME OVERT ACT, proposal was given, raise to the commission of
OTHERWISE KNOWN AS THE "TWO-WITNESS crime, we no longer have proposal, but we have
RULE" Conspiracy to commit treason. In the problem, A,
There must be two witnesses who will prove B, and C, conspired, agreed to commit the crime of
only on the commission by the offender of an treason against the Philippine government,
overt act showing that he adheres to the therefore they are all liable for conspiracy to commit
enemy. Therefore, treason cannot be proven treason.
by mere substantial evidence. There must be
direct evidence, a witness to this act of giving Q: X, who had knowledge of the conspiracy to commit
aid or comfort to the enemy. treason among A, B, and C, however, despite that
2. CONFESSION OF THE OFFENDER OR THE knowledge, he did not disclose it to the proper authorities.
ACCUSED MADE IN AN OPEN COURT What is the liability of X?
Confession of guilt must be made before a A: X is liable for misprision of treason is
court. Extra-judicial confession will not give committed by any person who owes permanent
rise to conviction in case of the crime of allegiance to the Philippine Government who fails
treason. to disclose of knowledge to commit treason as soon
as possible to the proper authorities.In the problem,
C, despite having knowledge of the conspiracy to
commit treason among A, B, and C did not divulge

it, did not disclose it to the proper authorities, So even if he is in possession of the same, but
therefore, X is liable for misprision of treason. he does not divulge it to any representative of
a foreign nation, the crime will not arise.
TREASON can be committed both by Filipino citizens
and a foreigner temporarily residing in the Philippines, Espionage can be committed in BOTH, in times of
but MISPRISION OF TREASON can only be committed peace and in times of war.
by a Filipino citizen who owes permanent allegiance to
the Philippine government, it cannot be committed by a ARTICLE 118 INCITING TO WAR OR GIVING MOTIVES
foreigner residing in the Philippines. FOR REPRISALS
ELEMENTS:
ARTICLE 117 ESPIONAGE 1. That the offender performs unlawful or
There are two ways of committing espionage under Article unauthorized acts by the Philippine government.
117: 2. That the said act provoke or give occasion for a war
I. By entering, without authority therefor, a involving or liable to involve the Philippines or
warship, fort, or naval or military establishment expose Filipino citizens to reprisals on their
or reservation to obtain any information, plans, persons and property while they are in a foreign
photographs or other data of a confidential country.
nature, relative to the defense of the Philippines 3. He is not legally authorized to do so.
The offender can be any person. He can be a
Filipino citizen, or a foreigner, or he can be a Inciting to war connotes that there is yet no war. It is
public officer or employee, or he can be a committed in times of peace.
private individual.
Case of CAPTAIN MENDOZA
When will the crime of espionage arise? Hostage drama in Luneta. There were Hongkong
Under the first mode, the crime of espionage citizens boarded the bus and here comes captain
will arise moment the offender enters the mendoza who was no longer a member of the
warship, fort or naval or military establishment military, he entered the bus, with different weapons
or reservation, without authority if his intention and grenades and even killed some hongkong
is to obtain any information, plans, citizens. Captain mendoza performed unlawful,
photographs or other data of a confidential unauthorized acts which expose overseas Filipino
nature, relative to the defense of the workers in Hongkong and china to reprisals on their
Philippines. person or property. In fact, there were news at that
time that Hongkong or China would be engaging in
It is not necessary that for the crime to arise war with the Philippines. Head captain Mendoza,
that he is successful in obtaining the data. It is one of the crimes that may be held against him is
not necessary that he indeed obtained the inciting to war or giving motives for reprisals.
data. The mere act of entering without
authority is sufficient if his intention is to obtain ARTICLE119 VIOLATION OF NEUTRALITY
the data of confidential manner relative to the ELEMENTS:
defense of the Philippines. 1. The crime is committed when there is a war but the
Philippines is not involved in the said war and;
II. By disclosing to the representative of a foreign 2. The competent authority issued a regulation for the
nation the contents of the articles, data or purpose of enforcing neutrality among Filipino
information referred to in paragraph No. 1 of art. citizens and ;
117, which he had in his possession by reason 3. The offender violates such regulation imposed.
of the public office he holds.
This mode of committing espionage can only Here, there is war but the Philippines is not involved in
be committed by a public officer who has been the said war.
trusted, by reason of his public position, of
articles, data of confidential nature relative to Q: There is a war between country X and country Y. Here
the defense of the Philippines. comes Pedro, a Filipino citizen, he was siding with country
The crime of espionage will arise the moment X. Is he liable?
the offender divulges or discloses the data and A: No, he is not liable of violation of neutrality
information to a representative of a foreign because in the problem, it did not say that the
nation.

competent authority (the President) issued a

proclamation or regulation imposing neutrality. There must be a declaration or a proclamation issued
by a competent authority, that no Filipino shall flee to
The violation will only arise if there is a proclamation or the enemy's country and the offender violates such
regulation imposing neutrality and a Filipino citizen proclamation.
violates such declaration or regulation issued by a Mere attempt will readily rise to the crime. It is not
competent authority. Therefore, absence of such necessary that the offender has actually gone to the
declaration of neutrality, the crime of violation of country.
neutrality does not arise. There must be declaration or proclamation prohibiting
flight to enemy state.
ARTICLE120 CORRESPONDENCE WITH HOSTILE
COUNTRY ARTICLE 122 PIRACY
ELEMENTS: ELEMENTS:
1. That it is in time of war in which the Philippines is 1. The first element is where the vessel is
involved. located. The vessel can either be on the high
2. That the offender makes correspondence with an seas or on Philippine waters (this was brought
enemy country or any territory occupied by enemy about by the amendment of RA 7659). Before
troops. the amendment of RA 7659, Piracy under
3. That the correspondence is either Article 122 can only be committed when the
a.) Prohibited by the Philippine Government vessel is on the high seas. But because of this
b.) Carried on in ciphers or conventional signs amendment brought about by RA 7659, Piracy
c.) Containing notice or information which might now under Article 122 can be committed when
be useful to the enemy the vessel is on Philippine waters.
Here, there is a war in which the Philippines is involved. 2. The second element provides for the
offenders. The offenders must NOT be
Q: The Philippines is at war with the another country. Here members of the complement or passengers of
comes X, a Filipino citizen, he has a pen pal who is a citizen the vessel. Therefore, the offenders must be
of the country which is at war with the Philippines. The STRANGERS to the vessel. They must be
competent authority or the President issued a declaration of coming from the outside, not from the inside.
proclamation saying that there should be no correspondence
to the enemy state. But X missed his penpal, and so, he 3. The third element refers to the mode of
wrote in a small piece of paper, "i love you, i miss you, committing piracy.
muamua!" Is X liable of the crime of correspondence with the a. The offenders either ATTACK or
enemy? SEIZE the vessel.
A:X is liable because there was a declaration issued by b. The offenders either SEIZE IN
a competent authority that correspondence with the WHOLE or IN PART the cargo, the
hostile country is prohibited and if there is no equipment or the personal
declaration, proclamation coming from the competent belongings of the passengers or
authority prohibiting correspondence, the crime will only members of the complement.
arise if the said crime is carried on in ciphers or
conventional signs or Containing notice or information Based on these elements, you will notice that piracy is
which might be useful to the enemy. akin to robbery. It is in effect robbery. It is just called
piracy because the object of the thing is either the
vessel or the cargo or equipment of the said vessel.
ARTICLE 121 FLIGHT TO ENEMY'S COUNTRY There is also the use of force or intimidation. There is
ELEMENTS: also the use of violence against persons. There is also
1. That there is s war in which the Philippines is intent to gain.So it is akin, similar to robbery.
involved.
2. That the offender must be owing allegiance to the
Philippine Government
3. That the offender attempts to flee or go to enemy's
country
4. That going to the enemy country is prohibited by a
competent authority

ARTICLE122 MUTINY A: They are liable of PIRACY UNDER ARTICLE

COMMITTED WHEN: 122. The vessel is on Philippine waters, the
1. The vessel is either on the high seas or on offenders are not members of the complement or
Philippine waters passengers of the ship. They seize the cargo and
2. The OFFENDERS are MEMBERS OF THE equipment of the vessel. Therefore, it is piracy
COMPLEMENT or PASSENGERS OF THE under Article 122.
VESSEL
3. The offenders raise a commotion or Q: The vessel is on Philippine waters. While the vessel is on
disturbance on the board the ship against the Philippine waters, the members of the complement and
lawful command of the captain or the passengers of the said vessel in conspiracy with one another
commander of the ship. took the cargo and equipment of the said vessel, and then
In mutiny, there is no taking because in mutiny there is no they boarded a second vessel and off they went. What crime
intent to gain. Mutiny is the rising of commotion, a resistance is committed by the members of the complement and
against the lawful command, against the lawful authority of passengers of the said vessel?
the commander or captain of the ship. A: The members of the complement and
Since in mutiny, there is no intent to gain, mutiny is akin to passengers of the vessel committed ACTS OF
sedition. The rising of commotion, an uprising, an act of PIRACY because they seize in whole or in part the
dissent against lawful authority. cargo or equipment of the vessel but NOT PIRACY
UNDER ARTICLE 122 because in Article 122, it is
SO HOW DO YOU DISTINGUISH PIRACY VS. MUTINY? a requisite that the offenders must be strangers to
1. In piracy, the offenders are strangers to the vessel, the vessel. Here, the offenders are members of the
whereas, in mutiny, the offenders are necessarily complement and passengers of the vessel. So the
inside the vessel, they are either members of the crime committed is PIRACY BUT UNDER PD 532.
complement or passengers of the vessel
2. In Piracy, there is intent to gain because it is similar
to robbery, whereas, in mutiny, there is no intent to
gain because the essence of the crime is to go
against the lawful authority of the commander of
the ship.
ILLUSTRATION:
Q: The vessel is on the sea going to Mindoro. So while the
ship is on its way to Mindoro, suddenly there comes a big
storm. The commander or the captain of the ship said that
they should first move towards the shore and let the storm
comes calm in order to ensure the safety of the passengers
of the vessel. The passengers of the vessel and members of
the complement didnt want the decision of the said captain
of the ship and so they seize the captain of the ship and
manned the vessel until they reach Mindoro. What crime, if
any, is committed by these members of the complement and
passengers of the vessel?
A: They are liable of MUTINY. The vessel is on
Philippine waters. The offenders are members of
the complement and they go against the lawful
authority of the captain of the ship. Therefore they
are liable of mutiny.
Q: While a vessel is on Philippine waters, here comes a

second vessel. Four men from the second vessel boarded
the first vessel and at gunpoint, took the cargo and
equipment of the said vessel. Placed them in the second
vessel and off they went. What crime is committed by these
four men?

ANTI-PIRACY AND ANTI-ROBBERY LAW OF 1974 (PD Q: While the vessel is on the high seas,members of the
532) complement or passengers of the vessel in conspiracy with
Under PD 532, piracy is committed by attacking or seizing one anothertook away the cargo and equipment of the
the vessel or seizing in whole or in part the cargo, equipment vessel. What crime is committed?
or personal belongings of the members of the complement NOTE: It is not piracy under Article 122
or passengers of the vessel IRRESPECTIVE of the value because here, the offenders are members
thereof, committed by means of force and violence and of the complement or passengers of the
committed by any person whether he may a member of the vessel. In Article 122, it is required that the
complement or passenger of the vessel or strangers to the offenders must be strangers to the vessel.
vessel BUT the vessel is on Philippine waters. Therefore, for It cannot be piracy under PD 532 because
PIRACY UNDER PD 532 to arise, it necessary that the the vessel must be on Philippine waters.
vessel is on Philippine waters.If the vessel is on the high In our problem, the vessel is on the high
seas, immediately rule out PD 532. seas. So, what crime is committed?
A: Again, piracy is akin to robbery. Since Piracy
HOW COULD YOU KNOW IF IT IS PIRACY UNDER PD under Article 122 and Piracy under PD 532 do not
532 OR PIRACY UNDER ARTICLE 122 OF RPC? apply, the crime committed is ROBBERY IN AN
If the vessel is on Philippine waters, your choice is UNINHABITED PLACE.
either Piracy under PD 532 or Piracy Article 122.
Where lies the difference? ARTICLE 123 QUALIFIED PIRACY
Since Article 122 of RPC is the What are the circumstances which will qualify piracy?
main law, we have to reconcile it Under Article 122, the following
with PD 532. Or PD 532 must be circumstances will qualify piracy:
reconciled with Article 122. 1. Whenever the offender have seized
Piracy under PD 532, the a vessel by boarding or firing
offenders can be any person. upon; or
He can be a stranger. He can 2. Whenever the offenders have
be members of the aband0ned their victims without
complement. means of saving themselves; or
Therefore, where does PD 532 apply? There is intent to kill.
It will apply when the offenders 3. Whenever the crime is accompanied
are members of the by murder, homicide, physical
complement or passengers of injuries or rape
the vessel and the vessel is on Whenever these four crimes
the Philippine waters. accompanied the act of
piracy, it will not bring about
Q: The vessel is on Philippine waters, suddenly men from a separate and distinct
the outside committed acts of piracy. What crime is crime or a separate and
committed? distinct charge of murder,
A: Piracy under Article 122 homicide, physical injuries
Q: The vessel is on Philippine waters. Acts of piracy were or rape. These crimes are
committed by the members of the complement or absorbed because they are
passengers of the vessel. What crime is committed? circumstances which will
A: Piracy under PD 532 qualify the penalty to death.
NOTE: These circumstances are
Q: What if the vessel is on the high seas? While the vessel separate and distinct from each other. It is
is on the high seas, there comes a second vessel. Four men not necessary that all of themmust be
from the second vessel boarded the first vessel and at present. The presence of one will qualify
gunpoint took the cargo and equipment of the first vessel. piracy. Notice the conjunction OR. These
What crime is committed by these four men? are qualifying circumstances which are
A: Piracy under Article 122. The vessel is on the prejudicial to the accused therefore they
high seas. The offenders are not members of the must be strictly construed.
complement or the passengers of the vessel. They
seize in whole or in part the cargo and equipment
of the said vessel.

ILLUSTRATION: 1. whenever the offenders have

Q: What if the vessel is on Philippine waters, and there abandoned their victims without
comes a second vessel. Four men from the second vessel means of saving themselves; or
boarded the first vessel and at gunpoint, they asked the 2. whenever the crime is
passengers to give to them all their valuables. One woman accompanied with murder,
didnt want to give her wedding ring because it was so homicide, physical injuries or
precious to her and so one of the men forcibly took the rape
wedding ring from the finger such that the finger was severed According to Reyes and
from it. What crime is committed? other legal luminaries, only
A: QUALIFIED PIRACY because piracy was these two are considered
accompanied by physical injuries. qualified in mutiny because
in mutiny, the offenders are
Q: What if in the same problem, the woman didnt want to necessarily, ordinarily inside
give the ring, one of the men slapped the woman on the face the vessel because they are
three times and the face of the woman became reddish. She members of the
suffered slight physical injuries. What about the fact that the complement or passengers
injury suffered was only slight? of the vessel.
A: It will not make a difference although the injury
suffered was only slight. In the third circumstance ANTI-HIJACKING LAW (R.A. No. 6235 otherwise known
which will qualify piracy, the word physical injuries as An Act Prohibiting Certain Acts inimical to Civil
is used in its generic sense. Therefore, whatever be Aviation)
of kind of physical injuries, whether serious or slight Under RA 6235, there are four prohibited acts.
for as long as it was accompanied by piracy, it will 1. By compelling the pilot of an aircraft of Philippine
be considered as qualified piracy. registry to change its course or destination OR by
seizing or usurping control thereof while it is in flight
Q: What if in the same problem, the woman didnt want to
give the ring and one of the men touched the private parts of 2. By compelling an aircraft of foreign registry to land
the said woman and after touching the private parts of the in Philippine territory OR by seizing or usurping
said woman with lust, he forcibly took the ring. What crime is control thereof while the same is in Philippine
committed by the said men? territory
A: All of them will be liable for piracy. However, the
man who touched the private part of the woman will These are the first two prohibited acts. How could
be liable for two crimes: piracy and acts of you distinguish the first act from the second act?
lasciviousness. Acts of lasciviousness is not If the aircraft is of Philippine registry, the
mentioned in Article 123. Therefore, its presence seizure or usurpation to amount in
will not qualify piracy. It will bring about a separate violation of RA 6235, requires that the
and distinct charge of acts of lasciviousness. aircraft must be in flight. An aircraft is in
So, only these four crimes (murder, homicide, flight the moment all its external doors
physical injuries and rape) will qualify piracy. If other had been closed, following embarkation
crime is committed and accompanied by piracy and until any of it external doors had been
is not among these four crimes mentioned in Article opened for purposes of disembarkation.
123, it will bring about a separate and distinct On the other hand, if the aircraft is of
charge. foreign registry, the seizure or usurpation
did not need while it is in flight. For as
long as the aircraft of foreign registry is
QUALIFIED MUTINY within the Philippine territory, seizure or
Insofar as mutiny is concerned, what are the usurpation thereof will bring about
circumstances which will qualify mutiny? violation of RA 6235 even if all its doors
In Article 123, there is no specific mention of are opened; even if it is not in flight.
qualified mutiny, however according to Reyes Insofar as these two prohibited acts are
and other legal luminaries, of the three concerned, what are the circumstances which will
circumstances stated in Article 123, qualify the penalty?
paragraphs 2 and 3 are considered as Under RA 6235, the following
circumstances which will qualify mutiny. That circumstances will qualify the first two
is: acts:

a. By firing upon the pilot or the

member of the crew or passenger of HUMAN SECURITY ACT OF 2007 (R.A. No. 9372)
the aircraft; or Q: What if there is a bus and the bus is parked at Lunetapark
b. By exploding or attempting to and it was full of children. And here comes X, X had different
explode by mean of a bomb or kinds of explosive all over his body. And at gunpoint, entered
explosive for purposes of destroying the said bus and told the children to keep quiet. Thereafter,
the aircraft; or there is a cartolina on the glass window of the said bus.
c. Whenever the crime is accompanied Written on the cartolina were his demands to the
by murder, homicide, serious government. His demands were first, that his brother, a
physical injuries or rape member of NPA and who is being incarcerated by the
military be released and his second demand, was that funds
NOTE: In case of piracy, the law be transferred to his account. So these were the demands
uses the word physical injuries in made by X against the government. Because of this, the
its generic sense. Whatever be the parents of the children arrived, the media arrived, all the
kind of physical injury that will cabinet secretaries arrived. Only the president did not arrive.
accompany piracy, the crime So everybody was there. They were afraid that the children
committed is qualified piracy. But might die so there was chaos in the entire Philippines. It took
in case of hijacking under RA the members of the military and police 12 hours to subdue
6235, the law is specific; it must X. So after 12 hours, they were able to arrest X. What crime,
be serious physical injuries. if any, may be filed against X?
Therefore, if the physical injuries A: X will be charged of the crime of terrorism
that would accompany the act of under RA 9372, the Human Security Act of 2007.
usurpation and seizure of the Under Section 3 of Ra 9372, terrorism is committed
aircraft would only be less serious when the offender commits any of the following
physical injuries or slight physical acts punishable under the RPC:
injuries, the penalty is not qualified. a. Piracy
The penalty is qualified because b. Rebellion
from the penalty of 12 to 20 years, c. Coup dEtat
it would become 15 years to death. d. Murder
e. Kidnapping and Serious Illegal
3. By carrying or loading on board a PASSENGER Detention
AIRCRAFT operating as a public utility in the f. Crimes involving Destruction
Philippines materials or substances which are
explosive, flammable, corrosive or poisonous If the offender commits any of these acts
4. By shipping, carrying or loading on board a punishable under the RPC or any of the following
CARGO AIRCRAFT operating as a public utility in acts punishable under special penal laws:
the Philippines materials or substances which are
explosive, flammable, corrosive or poisonous in a 1. Article 122 (Piracy in General and Mutiny in the High
manner not in accordance with the rules and Seas or in the Philippine Waters);
regulations of the Air Transportation Office 2. Article 134 (Rebellion or Insurrection);
3. Article 134-a (Coup dEtat), including acts committed by
HOW WOULD YOU DISTINGUISH THE 3RD FROM THE private persons;
4TH ACT? 4. Article 248 (Murder);
If the aircraft is a PASSENGER AIRCRAFT, 5. Article 267 (Kidnapping and Serious Illegal Detention);
the mere act of carrying or loading explosive, 6. Article 324 (Crimes Involving Destruction,
flammable, corrosive or poisonous substances
will immediately constitute a violation of RA or under
6235.
If however the aircraft is a CARGO 1. Presidential Decree No. 1613 (The Law on Arson);
AIRCRAFT, the loading of these poisonous 2. Republic Act No. 6969 (Toxic Substances and
substances, flammable substances, is allowed Hazardous and Nuclear Waste Control Act of 1990);
because it is a cargo aircraft. The crime will 3. Republic Act No. 5207, (Atomic Energy Regulatory and
only arise if such act of loading is not in Liability Act of 1968);
accordance with the rules and regulations of 4. Republic Act No. 6235 (Anti-Hijacking Law);
the Air Transportation Office. 5. Presidential Decree No. 532 (Anti-piracy and Anti-

highway Robbery Law of 1974); and, of the predicated crimes in terrorism. Or any of
6. Presidential Decree No. 1866, as amended (Decree these predicated crimes, he can no longer be
Codifying the Laws on Illegal and Unlawful Possession, charged because they are necessarily included in
Manufacture, Dealing in, Acquisition or Disposition of terrorism. This is known as the ABSORPTION
Firearms, Ammunitions or Explosives) PRINCIPLE in terrorism.
Q: But what if in the same problem, while X was waiting for

If the offender commits any of these crimes under his demands to be given by the government, he saw a girl
the RPC and any of the crimes under special penal and with lewd design, he touched the private parts of the
laws, thereby sowing and creating a condition seven-year old girl. Therefore he committed a violation of RA
widespread and extraordinary fear and panic 7610 the Anti-Child Abuse Law. He was acquitted of
among the populace in order to coerce the terrorism. Can the state prosecute him for violation of RA
government to give in to an unlawful demand, he is 7610?
liable of terrorism and the penalty is 40 years A: Yes, because it is not among the predicate
imprisonment without the benefit of parole under crimes. It is not a crime necessarily included in the
the Indeterminate Sentence Law. So it is the crime of terrorism.
maximum penalty of 40 years. He has to serve it
totally. Even if he has already served the minimum,
he cannot be given the benefit of parole under the
Indeterminate Sentence Law. So it is necessary
that he must commit any of these predicate crimes
and after committing these predicate crimes, where
lies the difference? Because his act that sowed and
created fear and panic among the populace
coupled with an unlawful demand against the
government.
Q: So let us say that X was charged with terrorism based on

a valid complaint or information a case of terrorism was filed
against him before the RTC. However, after trial on the
merits, the judge acquitted him. According to the judge, the
prosecution failed to prove the guilt of the accused beyond
reasonable doubt therefore acquittal for reasonable doubt.
Since he is acquitted of terrorism under RA 9372, can he still
be prosecuted for his predicate crime of kidnapping and
illegal detention because he detained the children for more
than 12 hours? Can he still be prosecuted for Illegal and
Unlawful Possession of Firearms, Ammunitions or
Explosives because he was full of firearms and ammunitions
and explosives?
A: No more. Because of Section 49 of RA 9372.
Under Section 49 of RA 9372, whenever a person
has been charged of terrorism, or any act
punishable under RA 9372, based on the valid
complaint or information, sufficient information and
substance to bring about and thereafter he is
acquitted or the case is dismissed, he can no longer
be subsequently prosecuted for any other felony or
offense necessarily included in the crime charged.
The crime of kidnapping and serious illegal
detention is necessarily included in terrorism
because it is one of the predicate crimes. Likewise,
violation of PD 1866, as amended Illegal and
Unlawful Possession of Firearms is also
necessarily included in terrorism because it is one

TITLE TWO In order to amount arbitrary detention

CRIMES AGAINST THE FUNDAMENTAL LAWS OF THE there must be an act of restraint on
STATE (Articles 124 133) the person or liberty of the
offended party. Absent that intent,
The acts under TITLE TWO are made criminal because they absent the actual restraint on the
both appease the Bill of Rights. The rights stated under the person or liberty of the offended party
Constitution and the first of these is under ARTICLE 124, It can be any other crime BUT
125 and 126 Arbitrary Detention. NOT ARBITRARY DETENTION.
Therefore, Supreme Court said that
3 KINDS OF ARBITRARY DETENTION: intent to detain must be manifest, it
1. Arbitrary Detention by detaining a person without must be evident. Absent that, it can
legal ground under Article 124 be any other crime but not arbitrary
2. Arbitrary Detention by failing to deliver the detained detention.
person to the proper judicial authorities within 12,
18 or 36 hours under Article 125 3. That the detention is without legal grounds
3. Arbitrary Detention by delaying the release of The third element requires that the detention
prisoners despite the judicial or executive order to must be without legal ground.
do so under Article 126 So when is detention without legal
grounds under Article 124?
ARTICLE124 ARBITRARY DETENTION BY DETAINING 1. When the said offended party was
A PERSON WITHOUT LEGAL GROUND arrested without a warrant of arrest.
ELEMENTS: 2. When the said offended party was
1. That the offender is a public officer or employee arrested and his arrest and detention
Who is the offender in Article 124? does not fall under any of the
The offender is a public officer or circumstances or a valid warrantless
employee. BUT NOT ALL PUBLIC arrest.
OFFICERS OR EMPLOYEES can 3. When he is not suffering from
commit arbitrary detention. The violent insanity or any other ailment
public officer of employee can commit which requires compulsory
arbitrary detention are only those confinement.
who have been vested with All of these are not
authority to effect arrest and considered valid grounds for
detain a person or at least to cause detention.
the detention of a person. So to reverse, what are the valid
Public officers who have been vested with grounds for detention?
authority to effects arrest and detain a The following are valid grounds for
person are POLICE OFFICERS. On the detention:
other hand, public officers vested with a.) If the person does not receive
authority to cause the detention of a and detained by virtue of a
person are MEMBERS OF CONGRESS. warrant of arrest.
They can order the detention of a person b.) If a person was arrested and
who has been cited of contempt for failing detained under any of the
to accurate their proof, or we have circumstances for a valid
JUDGES they can order the summary warrantless arrest
detention of persons cited in contempt of c.) If a person was suffering violent
court. insanity or any illness which
2. That he detains a person requires compulsory
The second element requires that the offender confinement.
detains a person. These are the valid ground
So when is there detention? for the arrest and detention
There is detention when the offended of a person.
party is placed in incarceration. When
the offended party is placed behind ILLUSTRATION:
bars or when the offended party is Q: So if a person, driving his vehicle entered a one way
restrained of his person or liberty. street and in violation of the LTO rules and regulation, was

stopped by police officer, his license was taken and gave him They committed GRAVE THREATS because
a ticket and was bought to the nearest PNP station and was they threatened to kill X if he would not come
placed behind bars. He was detained. That was 8 oclock in back. It is the grave threats that made X come
the morning then the arresting officer left. And on the back in the police station.
afternoon, the police officer returned to the police station.
Upon his arrival, he immediately released the incarcerated ARTICLE125 ARBITRARY DETENTION BY FAILING TO
person whom he detained for entering a one way street. Is DELIVER THE DETAINED PERSON TO THE PROPER
the said police officer liable for arbitrary detention under JUDICIAL AUTHORITIES WITHIN 12, 18 OR 36 HOURS
Article 124? ELEMENTS:
A: YES, he is liable ofARBITRARY DETENTION. 1. The offender here is a public officer or
He is a public officer vested with authority to effect employee vested with authority to effect arrest
arrest and detain a person. If he detained the and detain a person
person, the detention was without legal ground. It 2. That offender has detained a person for some
is without legal ground because entering a one way legal ground
street and violating the traffic rules and regulation The second element requires that the offender
is not a ground for incarceration. It is not a ground arrests and detains a person for some
for a person to be placed behind bars. If a person legal ground.
committed a violation of traffic rules and regulation What are these legal grounds referred to
like entering a one way street or beating the red under Article 125?
light, he should only be given a ticket. There should The legal ground being referred to in
not even be a confiscation of license. After that, he Article 125 is not the fact that the said
should be allowed to leave but that is not a ground arrest was made by virtue of a
for him to be placed under detention. Since the warrant of arrest because if the
officer detained the person without any legal offended party was arrested by the
ground HE IS LIABLE FOR ARBITRARY public officer by virtue of a valid
DETENTION. warrant of arrest he does not have
the obligation to deliver him to the
Q: What if X is suspected to be a snatcher and many proper judicial authorities.
complaints was filed against him. One time, when the police So what are these valid instances in
officers were conducting a patrol they saw X who was arresting a person?
perhaps waiting for a ride. When the police officers saw X These refer to circumstances of valid
they immediately arrested X and brought him to the nearest warrantless arrests under Section 5
police station. They told X that he is to be investigated for he Rule 112 of the Rules of Court. It
is said to be a cellphone snatcher. So he was brought to the requires that a peace officer or a
investigation room however, the investigation officer was not private individual may even without a
around so the arresting officer told him that he needs to be warrant arrest a person under the
investigated and that he can leave but he must make sure to following circumstances:
come back for purposes of investigation otherwise if he does a.) That in his presence the
not come back the next time they see him they will kill him. person to be arrested has
So because of that, X would get out of the precinct but would committed, is actually
immediately return. Are the police officers liable for arbitrary committing, or is attempting
detention? to commit a crime. This is
A: NO, the police officers are not liable for otherwise known as
arbitrary detention. There is no intent to restrain INFLAGRANTE DELICTO
or detain the person or liberty of X, the offended ARREST
party. In order to amount to arbitrary detention it is b.) When a crime has in fact
necessary that the intent of the public officer to just been committed, and
restrain the person or liberty of the offended party the police officer has
must be manifest and it must be evident. In this probable cause to believe
case however, it is not. based on personal
knowledge of facts and
Even if there is a threat on the part of the police circumstances that the
officer there is however no intent to detain X. What person to be arrested is the
are the crimes if any are the police officer liable for? one who committed the
crime. This is otherwise

known as HOT PURSUIT Justice and not under the Supreme

ARREST. Court. The head of the Fiscal is
c.) When the person to be Secretary De Lima and the President
arrested is a prisoner who and not Chief Justice Sereno. Thats
has escaped from a penal why a Fiscal is not within the meaning
establishment or a place of a judicial authority. Second, fiscal
where he is serving final may recommend the bail but he does
sentence or temporarily not have the power to fix the bail and
detained while his case is allow the accused to go on temporary
pending, or has escaped liberty. Only the judges are allowed
while being transferred from to fix the bail and order the temporary
one penal institution to liberty of the accused until upon the
another. posting of the said bail.
These are the
circumstances for a The law says that a public officer must deliver the person
valid warrantless arrested to proper judicial authority within:
arrest. These are the a) 12 hours, for crimes punishable by light penalties,
circumstances referred or their equivalent
to in the second b) 18 hours, for crimes punishable by correctional
element of Article 125. penalties, or their equivalent
c) 36 hours, for crimes punishable by afflictive or
3. That the offender fails to deliver the person capital penalties, or their equivalent
arrested to the proper judicial authorities within
12, 18 or 36 hours. ILLUSTRATION:
The third element requires that that the Q: What if a person has been arrested Inflagrante Delicto in
offender fails to deliver the person arrested to possession of an unlicensed firearm. Possession of
the proper judicial authorities within 12, 18 or unlicensed firearm is punished by a special penal law (P.D.
36 hours. 1866 as amended). Is the arresting officer required to deliver
What do you mean by delivery? the accused to the proper judicial authorities? Does Article
Delivery does not mean that you 125 apply even to violation of special penal laws?
really have to deliver the physical A: Yes, because the law says or their
body of the person arrested to the equivalent. 12 hours, for crimes punishable by
court. It means constructive delivery light penalties, or their equivalent. That means all
or legal delivery, meaning, the filing of their equivalent refers to their equivalent even in
the appropriate case before the cases of violation of special penal laws. Therefore,
proper court. That is delivery to even if the crime committed or the crime for which
proper judicial authorities - filing of the offender is being arrested is based on violation
the case before the proper court. of special penal laws, the arresting police officer
The law says that a public officer must has the obligation to deliver the person arrested to
deliver to the proper judicial authorities. the proper judicial authorities in consonance with
So judicial authority, what does it mean? Article 125 of the Revised Penal Code.
The proper judicial authorities refers
to COURTS OF JUSTICES OR Q: What if the police officers caught X in the actual act of
JUDGES OF THE COURTS THAT killing Y. So they saw X and Y fighting and they saw X
HAS THE POWER TO ORDER THE stabbed Y to death. Therefore, X is liable of homicide. They
INCARCERATION OR DETENTION arrested X and that was Saturday, 3 oclock in the afternoon.
OF A PERSON OR HIS Sunday, there is no office. The following day, Monday,
TEMPORARY RESTRAIN UPON happens to be declared a special non-working holiday.
POSTING OF APPROPRIATE Therefore, the police officers were able to deliver X to the
COMPLAIN. proper judicial officer only on Tuesday, 8 oclock in the
morning. They were able to file the case in the Fiscals office
The FISCAL does not belong to the for purposes of proceedings Tuesday, 8 oclock in the
proper judicial authority because he morning, beyond 36 hours which was required by law. Are
belongs to the executive branch. The the police officers liable for arbitrary detention?
Fiscal is under the Department of

A: NO, the police officers are not liable for the judge immediately declared the dismissal of the case and
arbitrary detention. The Secretary of the he ordered that X should already be released from jail.
Department of Justice has made a legal opinion However, the case for illegal sale of dangerous drugs under
that the said 12, 18 and 36 hours refers to RTC Branch 87 is still ongoing. The jail warden receives the
WORKING HOURS. These refer to the time when order coming from the judge RTC Branch 6 that X should be
the courts are open in order to receive the cases to released. The jail warden did not comply. Is the jail warden
be filed against them. This does not include the liable for arbitrary detention under Article 126 - Arbitrary
crime wherein the courts are closed and they did Detention by delaying the release of prisoners despite the
not receive the complaint or information to be filed judicial or executive order to do so?
against the accused. A: NO, the jail warden is not liable for arbitrary
detention under Article 126 because there is still
ARTICLE126 ARBITRARY DETENTION BY DELAYING another pending case against the said prisoner
THE RELEASE OF PRISONERS DESPITE THE JUDICIAL before another court. Therefore, it is incumbent
OR EXECUTIVE ORDER TO DO SO upon him not to compel with the judge of Branch 6
ELEMENTS: since there is another case in Branch 87 which is
1. The offender is a public officer or employee still ongoing. What the law punishes is delay
2. That there is a judicial or executive order for without valid reason for the release of the prisoner.
the release of the prisoner or detention
prisoner, or that there is a proceeding upon a ARTICLE127 EXPULSION
petition for the liberation of such person. Expulsion is committed by public officers or employees who
3. That the offender without good/valid reason shall expel any person from the Philippines or who compels
delays: (1) the service of the notice of such him to change his residence without any lawful authority to
order to the prisoner; or (2) the performance of do so.Again, the offender is a public officer or employee who
such judicial or executive order for the release acts either:
of the prisoner; or (3) the proceeding upon a a.) By expelling a person from the Philippines
petition for the release of such person. b.) By compelling a person to change his
NOTE: What is punishable is the delay without valid reason, residence
the delay of the release of the prisoner despite the judicial or
executive order to do so. What the law prohibits is that if this public officer or
Example of judicial order for the release of a employee expels him from the Philippines or
prisoner lets say that a person has been charged compels him to change his residence without lawful
in court and the public prosecutor failed to present authority to do so because there are persons who
any evidence for consecutive times and no have been authorized by law to deport a person
witnesses has ever been presented since the from the Philippines or to compel a person to
beginning. The judge will dismiss the case and change his residence.
order the release of the accused from jail. This is
an example of a judicial order for the release of a For example, the President has the power to deport
prisoner. Or lets say the judge acquitted the or expel a person from the Philippines. Another
accused then he will order the release of the said example is a foreigner who is known to be a
accused from jail. persona non grata; the President may order his
How about an example of an executive order for a deportation to his home.
release of a prisoner? A person was arrested and
placed behind bars and proceeding was filed The courts on the other hand, have the power to
before the fiscals office. The fiscal ordered the compel a person to change his place of residence.
release of the prisoner. This is an example of Lets say the offender is a concubine and the
executive order for the release the prisoner. penalty to be imposed to a concubine is destierro.
Therefore, the concubine is prohibited from
Q: What if X has been charged of two crimes - Illegal sale of entering a particular place based on the judgment
dangerous drugs and illegal possession of dangerous of the court. Now, theprohibited place from which
drugs? So, two crimes were filed against him. The illegal she is prohibited from entering is the place where
possession of dangerous drugs was filed before the RTC she lives. She cannot enter the said place
Branch 6 on the other hand; the illegal sale was filed before therefore; the court is empowered to compel her to
RTC Branch 87. Two different courts were filed with. In the change her place of residence because she cannot
illegal possession of dangerous drugs which was filed in enter the place wherein her house is situated.
RTC Branch 6, no witnesses were ever presented and so

VIOLATION OF DOMICILE (ARTICLE 128, 129, 130) entering.

a public officer or employee entered into a dwelling Example:
of another which is not armed with a search warrant implied opposition the door is closed. It can be
different prohibited acts constituting violation of said that the owner is saying that No one can
domicile: enter my house
I. By entering any dwelling against the will of
expressed prohibition when the owner is
the owner thereof; or
II. By searching papers or other effects inside the house and the officer knocks upon the
found therein without the previous door and upon seeing the officer, the owner
consent of such owner; or closes the door.
III. By refusing to leave the premises, after if there are sayings Do not enter, No entry
having surreptitiously entered - It does not mean entering without the consent. An entry
without the consent is not an entry against the will.
ARTICLE128 VIOLATION OF DOMICILE - When you say entry against the will, there must be an
ELEMENTS: opposition or a prohibition from entering the dwelling.
1. The offender is a public officer or employee
2. By searching papers or other effects found therein
Who is the offender in the violation of domicile? without the previous consent of the owner; or
He must be a public officer or employee acting - The consent of the owner matters. Even if the public
under color of authority officer or employee is allowed inside, the fact that he is
A public officer or employee is said to be acting allowed inside does not mean that he is allowed to
under color of authority if he has been vested conduct the search.
with the authority to implement a search - He must ask first for the previous consent of the owner
warrant, but when he entered in the said before proceeding with the search. Without the previous
dwelling, he is not armed with a search consent of the owner to conduct the search, any search
warrant. Therefore, he was acting under color would be a violation of domicile.
of authority.
Even if he is a public officer or employee, but 3. By refusing to leave the premises, after having
he did not act under color of authority, is liable surreptitiously entered the dwelling
only, not for violation of domicile, but is either - it is his refusal to leave the premises that will bring about
liable for qualified trespass to dwelling or the violation of domicile, NOT the surreptitiously
trespass to property because the public officer entering. But it is required that entering must be done
or employee is acting under his private surreptitiously.
capacity. - Surreptitious entering means entering the dwelling
secretly, candidly.
2. He was not authorized by a judicial order to enter - Therefore, it is important that he mus-t refuse to leave
the dwelling and/or make a search therein for after being discovered and asked to leave in order to
papers or other effects amount to violation of domicile.
The second element requires that - Mere surreptitious entering will not bring about violation
entering upon the dwelling of another of domicile.
which is not authorized by a judicial order.
The judicial order refers to a search
warrant ILLUSTRATION:
Q:What if the door of the house was opened, a police officer
3. He either enters the dwelling of another against the
will of the latter or searching for papers or other without being armed with a search warrant, entered the door
effects found therein without the consent of the of the house and went up to the sala. The owner of the house
owner, or after having surreptitiously entered the saw him and asked him to leave, and he left. Is he liable for
dwelling, being discovered and asked to leave, he violation of domicile?
refuses to leave. A: He is not liable for violation of domicile.
When the door of the house is open, there is no
The third elements provides for the different modes of prohibition; there is no opposition from entering.
violation of domicile Anybody may enter even without a search warrant;
(These three modes are separate and distinct from each therefore, since there is no prohibition or opposition
other do not look for all the three modes in a problem, from entering, violation of domicile cannot be
violation of one of them will bring about violation of domicile) committed under the first act. Under the second act,
it cannot be committed because he did not conduct
1. By entering any dwelling against the will of the the search. The third act also not done because the
owner thereof; or
entering of the house is not done surreptitiously.
- There must a prohibition, an opposition from entering. It
can either be an implied or expressed opposition from

Q: What if in the same problem, the door of the house was Q: In the same problem, when they told the owner that they
opened, a public officer with the intent to conduct a search were conducting a search for the stolen car stereo, the
warrant entered the house, when he was in the sala, the owner of the house said, No, you cannot conduct a search.
owner of the house saw him and told him to leave. He did There is nothing stolen inside my house but the police
not leave; he just stayed there and sat on the sofa. Is he officers proceeded with the search.
liable for violation of domicile? A: This time, they are liable for violation of
A: He is not liable for violation of domicile. Under domicile because they made a search without the
the first act, is entry against the will? NO, the door previous consent of the owner under the second
was opened. Therefore, there was no opposition or act of Art. 128
prohibition from entering. Under the second act, he
did not conduct a search. Under the third act, is the Q: What if in the same problem, the owner of the house told
entering done surreptitiously? NO, because the the police officers, No you cannot conduct a search, there
door of the house was opened; therefore, he did not is nothing stolen inside my house The police officers
violate any of the following acts amounting to obliged, they were going to leave the house, obeying the
violation of domicile. order of the owner. However, on their way out, before they
But he did not leave the house, although the owner could go out, they saw near the door, a table and on top of
of the house asked him to leave. Is he liable? it, there were drug paraphernalia, contraband. And so, they
Yes. He is liable for unjust vexation. seized and confiscated the contraband and then thereafter
(Nangiinislangsiya)
they leave the house. Are they liable for violation of
Although he did not the house, he
cannot be liable for violation of domicile domicile? Are the evidences confiscated admissible against
because his act does not constitute the the owner?
acts prohibited by Article 128. A: They are not liable of violation of domicile.
When they were told not to conduct the search,
Q: The door of the house was closed, but it was not locked. they did not conduct the search and they were
A police officer without a search warrant opened the door, about to leave, therefore, not liable for violation of
realizing it was not locked, entered the house and went up domicile. But they confiscated the drug
to the sala intending to conduct the search. Before he could paraphernalia that they saw. Yes, the confiscated
conduct the search, the owner of the house saw him, and drug paraphernalia were admissible against the
told him to leave and he left. Is he liable for violation of owner because they were contraband. They are
domicile? illegal per se. And the police officers saw them
A: Yes. He is laible for violation of domicile. without conducting the search, they saw them
Even if he left the said place upon being told to do inadvertently. Even without conducting the search,
it, he is already liable because his entry was against the police officers would see contraband, narcotics,
the will of the owner. The door was closed although in their presence, in their plain view, they are
it was not locked. Therefore, there was an implied mandated by law to seize and confiscate the same
opposition, an implied prohibition from under the plain view doctrine. So in this case, these
entering.When he entered without a search warrant drug paraphernalia where under the plain view and
intending to conduct a search is already a violation therefore under the obligation to seize and
of domicile confiscate them and these are admissible as
evidence against the owner of the house.
Q: What if the police officer knocked on the door of the house
of X. X opened the door, upon seeing the public officers, X Q: What if a police officer was conducting a surveillance of
allowed them to enter. The police officer told X that they were X, a well-known drug pusher, so he was always within the
looking for a stolen car stereo in the neighborhood; we are vicinity of the house of X. One time, it was the birthday of X,
going to conduct a search in your house. X said, "No, you the gate of the house was open, and the door of the house
cannot conduct a search inside my house. The police was opened. The police officer disguised himself as one of
officers agreed and left the house. Are they liable for the guests and he entered the house together with the flow
violation of domicile? of the guests. His intention was to conduct a search. He was
A: They are not liable. It is not entry against the already about to conduct the search when the owner of the
will. They did not conduct a search. The entry was house recognized him. The owner of the house came up to
not done surreptitiously. It does not fall any of the him. I know you, you are a police officer. Get out of my
acts, therefore, they are not liable for violation of house right now and he left. Is he liable for violation of
domicile. domicile?
A: No, he is not liable for violation of domicile.
The entry was done surreptitiously, secretly,

candidly, he was in disguise. It was not against the Q: What if the police officer was armed with a search
will of the owner because the gates and the door warrant, he procured the search warrant illegally without just
were open. He did not conduct the search because cause. The police had an enemy, B, then proceeded to a
the owner saw him before he could do so. The entry judge to issue a search warrant testifying under oath, the he
was done surreptitiously. He was discovered and is positive under his surveillance that B was in possession of
ordered to leave, and he left. Therefore, he is not an unlicensed firearm inside his house. The judge believed
liable for violation of domicile the police and issued a search warrant against B. The police
However, upon being discovered and ordered to officer is now armed with a search warrant, and went to the
leave and stayed in the house. house of B and showed it to B. B, upon reading the search
Here, he is liable for violation of warrant, knew it was maliciously procured, it was procured
domicile.
without just cause. Should B allow the police officer to
conduct the search?
Under Articles 129 and 130, there is still violation of
domicile despite the public officer or employee is armed A: Yes. Even if the said search warrant was
with a search warrant. procured without just cause, the police officer must
be allowed to enter and conduct the search,
because of the so-called, REGULARITY OF
ARTICLE129 SEARCH WARRANTS MALICIOUSLY PERFORMANCE OF DUTY on the part of the
OBTAINED AND ABUSE IN THE SERVICE OF THOSE judge in issuing the said search warrant. He is
LEGALLY OBTAINED armed with a search warrant issued by the judge
Prohibited acts violation of domicile (search and therefore, he must allow him to enter his house
warrants maliciously obtained and abuse in the and to conduct his search.
service of those legally obtained) is committed What now would be the remedy of the owner of
through: the house?
I. By procuring a search warrant without just The owner of the house has the
cause following remedies:
When a public officer or employee 1.) He can file a motion to quash the said
conducts a search and the search warrant
warrant was an illegally procured 2.) He can file a motion to suppress the
search warrant. It was procured evidence that have been confiscated
without just cause. inside the house.
In addition to these motions, he can file
SEARCH WARRANT is an order in writing, issued in the a case of violation of domicile against
name of the People of the Philippines, signed by a judge and the said public officer who conducted
directed to a peace officer, commanding him to search for the search. Violation of domicile under
personal property described therein and to bring to court the Art. 129 because he procured the said
search warrant without just cause.
particular things to be seized.
So in other words, the said police
officers must be allowed to enter and
Before a search warrant may be issue, the following are allowed to conduct the search and the
the requisites to a valid search warrant: owner of the house shall have the
1.) It is required that it is for one specific offense. abovementioned remedies thereafter.
2.) There must be probable cause
3.) The said probable cause was determined by the issuing II. By exceeding his authority or by using
judge personally through searching questions and unnecessary severity in executing a search
answers in writing, under oath or affirmation as the warrant legally procured
testimony given by applicant of the said search warrant
or any witnesses he may produce. A search warrant is valid only for a period of 10
4.) The applicant of the search warrant and his witnesses days from the date of its issuance appearing on
must testify only as to facts personally known to them the search warrant.
5.) The said search warrant must specifically state the
place to be searched and the place to be seized.
ILLUSTRATION:
- If any of these requisites is wanting, then the said A search warrant was dated Dec. 1, a police officer received
search warrant is illegally procured. It is procured it on Dec 3. The search was conducted Dec. 13. The said
without just cause search warrant is already invalid.
- A search conducted by virtue of a search warrant When they conducted the said search on Dec.
illegally procured without just cause is a kin to a search 13, they already exceeded the authority in the
without a search warrant. said search warrant. Therefore, they are liable
of violation of domicile under Article 129.

Q: What if the said search warrant says that they could each and every furniture and appliance inside the house of
conduct the search, anytime of the day. They conducted the X. When the wife of X saw this, she told the police officers to
search at night time. stop, but she was slapped twice. she then suffered less
A: They are liable of violation of domicile under serious physical injuries. In deliberately destroying the
Article 129 because they exceeded the authority in furniture and appliances of X, the public officers committed
the said search warrant. malicious mischief. In slapping the wife, they committed less
serious physical injuries. What crime/crimes would you file
A search warrant may only be conducted at day time. It may against the police officers?
only be implemented at day time, EXCEPTIONS: A: You have to file 3 cases:
When there is a specific order in the 1. Violation of domicile because they
search warrant stating that if can be exercised excessive severity in the
conducted at anytime of the day or night. implementation of the said search warrant.
Absence of such order in the said search They need not destroy the property. They
warrant, a search warrant can only be need not slap the wife. All of these are
implemented at day time. excess of the search warrant.
Therefore they should be filed in
Q: What if a search warrant was issued against X, the place violation of Art. 129, violation of
to be search is located at 123 valentiono St. They police domicile, for exercising excessive
severity.
went there. The house was owned not by X, but by Y. So
2. Malicious mischief for destroying the
they look for the house of X, the house of X was 321 furniture and appliances
valentino St. They presented a search warrant to X. X said, 3. less serious physical injuries for slapping
you cannot conduct a search inside my house. The address the wife
in the search warrant is 123 valentinost. and my address is
321 valentinost. Nevertheless, the officers conducted the Are you going to file all 3 cases or is it absorbed and
search and they found the illegal items inside the house. Are must be file within the court?
the police officers liable of violation of domicile? Are the Violation of domicile cannot absorb malicious
mischief nor less serious physical injuries.
confiscated admissible evidence against the owner?
Although in reality, these two are merely the
A: The officers are liable for the violation of manifestations of the excess in the
domicile. When they conducted the said search, on implementation of the said search warrant, they
a house that has a different address from that said cannot be absorbed, they cannot be complex.
search warrant, they exceeded their authority in the Under Art. 129, he expressly prohibits such
said search warrant. The search warrant is so absorption and such complexity of crimes
worded, expressly, as to the thing or place to be Under Article 129, the liability for violation of
domicile shall be in addition to the liability
searched. The police officer cannot exercise
attaching to the offender for commission of any
discretion. They have to follow what is stated in the other crime. Therefore, if aside from violation of
search warrant. The moment they did not follow domicile, Another crime is committed by the
what is stated in the search warrant, then they police officers, they had to be charged with all
exceeded the authority. these cases. Art. 129 prohibits the complexing
of a crime. It also prohibits the absorption of this
crime, therefore all 3 cases must be filed against
In that case, when there is variance between what
the said police officers.
is stated in the search warrant and the actual facts
of the case to be searched, the have to go back to
the judge that issued the said search warrant and
they have to ask or move for the amendment of the
said search warrant.
Q: What if the third punishable act under Art. 129 amounting

to the violation of domicile, when the public officer or
employee exercised excessive severity in the
implementation of the said search warrant.
What if a search warrant is issued against X, the police

officers went to the house of X, upon reaching the house of
X, they showed the warrant to X and he allowed them to
enter. The search warrant said that they could search for
dangerous drugs, particularly, shabu. In searching for
shabu, they turned upside down and deliberately destroyed

ARTICLE130 SEARCHING DOMICILE WITHOUT ARTICLE131 PROHIBITION, INTERRUPTION AND

WITNESSES DISSOLUTION OF PEACEFUL MEETINGS
Prohibited act: This is committed by a public officer or employee
I. By conducting a search in the absence of the who commits any of the following acts:
owner of the house, or any member of his I. By prohibiting or by interrupting,
family, or two witnesses residing in the same dissolving, without legal ground, the
locality holding of a peaceful meeting, or by
dissolving the same. (any peaceful
ILLUSTRATION: meeting)
Q: What if under Article 130, violation of domicile is II. By hindering any person from joining any
lawful association or from attending any of
committed when the search was conducted in the absence
its meetings.
of the owner of the house, or any member of his family or III. By prohibiting or hindering any person
two witnesses residing from the same locality. from addressing, either alone or together
A search warrant was issued against X and the police with others, any petition to the authorities
officers went to the house of X. They showed the search for the correction of abuses or redress of
warrant to X and they were allowed inside to conduct the grievances.
search. In conducting the search, the search was witnessed
by 2 barangay tanods who came with them, who arrived with For the crime to arise, it is necessary that the meeting
that was prevented, interrupted or dissolved must be a
them in the house of X. in the conduct of the search, they
peaceful meeting and it must be for any lawful purpose.
told the owner of the house, X, that his wife and his two If the meeting is not a peaceful meeting or if the meeting
children to remain in the sala while they conduct the search is not for lawful purpose, a public officer or employee
inside the bedroom of X. In conducting the search in the has all the rights to prevent, interrupt or dissolve the said
bedroom of X, the search was witnessed by 2 barangay meeting.
tanods and they found 2 plastic sachets of shabu underneath
the pillow inside the bedroom of X. Are the police officers This is in the exercise of the freedom of speech,
liable of violation of domicile under Article 130? Are the freedom of expression and freedom of assembly. However,
evidence seized admissible against the owner? these 3 freedoms are not absolute. The Supreme Court has
A: The police officers are liable of violation of enjoined the power of the State to regulate these meetings
domicile under Article 130. through permits.
Article 130 provides for an hierarchy of witnesses
who must be present in the conduct of the search. Before any of these peaceful meetings for a lawful purpose
The law says it must witnessed by the owner of the may be held in a public place, there must be a permit coming
house, it is only in the absence of the owner of the from the local authority of the place. The permit is only to
house that it must be witnessed by any member of regulate the said meeting and not to prohibit it. Regulate as
his family. It is only in the absence of the owner of to the time, place and to the date, so that the public would
the house or any member of his family that there not be in inconvenience.
must be 2 witnesses residing from the same
locality.
In the problem, the owner of the house was ARTICLE132 INTERRUPTION OF RELIGIOUS
there, the members of his family were there but, WORSHIP
they were not allowed to witness the said ELEMENTS:
search. Therefore, the said search was 1. This is committed by an offender who is again
conducted in violation of Article 130 and any a public officer or employee.
evidence confiscated will be inadmissible 2. Then there is a religious ceremony or
against the owner of the house for being fruits of manifestations of any religion are about to take
poisonous tree under the exclusionary rule in place or are going on.
Political Law 3. That the offender prevents or disturbs the said
religious worship or religious ceremony.
GALVANTE VS. CASIMIRO If the offender makes us of violence or threats in
The Supreme Court says, committing the crime, such use of violence or
There is no such crime as illegal search. So, what threats would not constitute a separate and distinct
is prohibited only the searching of the dwelling under Article charge. Rather it is considered as an aggravating
129. But, in case of search under vehicle or any other places, or qualifying circumstance which would mean an
there is no such thing as illegal search. The remedy is to file imposition of a higher penalty.
an action for damages, a civil action for damages.
ILLUSTRATION:

Q: So what if there is a barrio fiesta and the priest is about dogma, ritual, faith of the religion, or
to celebrate the mass. Here comes X and he went to the mocks, ridicule, or scoffs of the said
priest and point the gun to the priest. Then the priest was dogma, ritual, faith or he attempts to
about to celebrate the mass. At first the priest did not mind damage the object of veneration of a
him. But X intentionally pointed the gun to the head of the certain religion. The law says
priest and said, I will kill you if you will celebrate the mass! notoriously offensive, according to
So the priest did not celebrate the mass and all the faithful Reyes, it means that it is offensive
went out of the church. What crime if any is committed by to all kinds of religion. If the same
X? thing would be done to any religion
A: X is liable for interruption of religious they will also be offended.
worship under Article 132. What about the fact
that he pointed a gun at the head of the priest? 3. That the acts must be notoriously offensive to
Would it constitute a separate and distinct crime of the feelings of the faithful.
grave threats? It will not. The fact that threats were The third element requires that the
employed in the commission of the crime would said acts notoriously offensive to the
only mean the penalty will be imposed in its feelings of the faithful can be
maximum period. It would be considered an committed only (1) in a place devoted
aggravating circumstance in committing the crime to religious worship, or (2) during the
of interruption of religious worship. BUT, IT WILL celebration of any religious
NOT BRING ABOUT A SEPARATE AND ceremony. The law uses the word or
DISTINCT CHARGE FOR GRAVE THREATS OR therefore, if the act is done in a place
EVEN UNDER LIGHT THREATS. devoted to religious worship, it is not
necessary that there be a religious
ARTICLE133 OFFENDING THE RELIGIOUS FEELINGS ceremony ongoing. Because it can
ELEMENTS: either be with or without a religious
1. Committed by a public officer or employee or a ceremony for as long as the place is
private individual. devoted for religious worship.
The first element provides for the
offender. The offender may be a ILLUSTRATION:
public officer or employee or a private Q: So what if X (A private individual) entered a catholic
individual. This is the only crime church after that the tabernacle was opened and he took out
under Title Two where the offender the chalice and inside the chalice was the host which was
can be a private individual. From being received by Catholics during communion. He poured
Article 124 to Article 132 under Title the host in the floor then he destroyed them, spit on them
Two, the offender can ONLY be a and stepped on them. Is he liable under Article 133?
public officer or employee. The only A: YES. The act he performed is notoriously
exception is Article 133, offending the offensive to the feelings of the Catholics. If the
religious feelings wherein the same act is done to the object of veneration of the
offender can either be a public officer Buddhists or if the same act is done to the object of
or employee or a private individual. veneration of the Muslims, they will also be
The reason is, whoever may be the offended. Therefore, it is notoriously offensive to
offender, a public officer or employee the feelings of the faithful because even if it is
or a private individual, there will be applied to other religions they would be offended
the same offense made on the too. And it was done in a place devoted to religious
feelings of the faithful. worship because it is done inside the church even
if no religious ceremony is ongoing.
2. The said offender performs acts (1) in a place
devoted to religious worship, or (2) during the Q: What if inside the PICC there was this art exhibit ongoing
celebration of any religious ceremony. and one artist, this was a controversy before right? There
The second element requires that the was this picture of Jesus Christ and on the picture of Jesus
offender performs acts notoriously Christ he put a representation of a penis on his face. Is the
offensive to the feelings of the faithful. said artist liable under Article 133 offending the religious
Acts notoriously offensive to the feelings?
feelings of the faithful are those acts A: NO. He cannot be liable for offending
directed against their religious religious feelings under Article 133. Because

the PICC is not a place devoted for religious TITLE THREE

worship and the art exhibit is not a celebration of a CRIMES AGAINST PUBLIC ORDER (Articles
religious ceremony. Therefore, since the last 134 160)
element is not present even if it offends religious
feelings, he cannot be held liable under Article 133 ARTICLE134 - REBELLION OR INSURRECTION
for the absence of the 3rd element. ELEMENTS:
1. That there must be (a) public uprising, and (b)
taking arms against the Government
2. That the purpose of the uprising or movement
is either
a. to remove from the allegiance to said
Government or its laws:
(1) the territory of the Philippines or
any part thereof; or
(2) any body of land, naval or other
armed forces; or
b. to deprive the Chief Executive or
Congress, wholly or partially, of any their
powers or prerogatives.
The essence or the gravamen of REBELLION is :
- The armed uprising against the Philippine Government.
So it is a public uprising with the taking up of arms. AN
ARMED PUBLIC UPRISING.
In case of Rebellion, it can be committed by any
person, or with a participation of the public.
THE LEADERS - Any person who

(a) promotes
(b) maintains or
(c) heads a rebellion or insurrection
THE PARTICIPANTS Any person who

(a) participates
(b) executes the commands of others in rebellion or
insurrection
ARTICLE134-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, communication
networks, public utilities or other facilities needed
for the exercise and continued possession of
power;
4. That the purpose of the attack is to seize or
diminish state power.
Committed by any person or persons belonging to the

military or police or holding any public office or
employment, with or without civilian support, carried out
singly or simultaneously anywhere in the Philippines for
the purpose of seizing or diminishing state power.
The essence of COUP DETAT is a swift attack

directed against the duly constituted authorities, with or absorbed in the crime of Rebellion. Therefore, only
without civilians. one charge of Rebellion should be charged against
the said offender.
REBELLION COUP DETAT
Essence an Armed Essence swift attack ENRILE v SALAZAR
public Uprising against the against the duly constituted Senator Juan Ponce Enrile was charged with the Following
Government authorities crimes:
Crime of the Masses, it It can be committed with or 1. charged with Rebellion
involves a multitude of without the participation of 2. charged with multipleMurder
people the public because it says, 3. Multiple frustrated murder
with or without civilian 4. violation of PD 1829 obstruction of Justice because
support, provided it has he harbored or concealed then Colonel Gregorio
been committed by any Honasan.
member of the military, the
police or those holding
What did the Supreme Court say?
public office or
The Supreme Court said:
employment.
only one charge and it should be rebellion. The
Purpose Overthrow the Purpose only to diminish
violation of PD 1829, the multiple murder and
Government of the state power, to destabilize
Philippines and replace it the government, not multiple frustrated murder are absorbed in
with the Government of the entirely to overthrow the Rebellion under the theory of absorption in
Rebels government. Rebellion.
Can only be committed by Can be committed not only The Supreme Court further said that although
means of force and by means of force and violation of PD 1829 is a violation of a special penal
violence violence but also by means law, still if it is committed in furtherance of
of intimidation, threat,
strategy or stealth Rebellion, it can still be absorbed in the crime of
Rebellion.
THE LEADERS - Any person who
(a) leads ILLUSTRATION:
(b) directs or Q: What if a police officer was on his way to the office,
(c) command others to undertake a coup detat suddenly here comes a member of the NPA, he saw the
police officer and shot him. What crime is committed? is it
THE PARTICIPANTS Any member of the Government Rebellion or murder?
who Rebellion can only be absorbed common
crime such as murder, if the commission
(a) participates
of the crimes was done in furtherance of
(b) executes the commands of others in undertaking a coup Rebellion. Therefore, it is necessary that
detat there must be evidence shown in what
way the said killing has promoted,
Any person who is not in the Government service who fostered the idea of the Rebels. Absent
(a) Participates any connection with the commission of the
(b) Supports common crime and the furtherance of
rebellion, the appropriate charge is only
(c) Finances
murder, homicide, arson or physical
(d) abets or injuries as the case maybe.
(e) aids in the undertaking of a coup detat
A: In the case, the proper charged would be
What if common crimes are committed in the course murder. There was no evidence showing in what
of Rebellion? way the said NPA has promoted the ideas of the
Common crimes committed in furtherance of,
Rebels in killing of the said police officer. Absent of
incident to or in connection with Rebellion are
considered as ABSORBED in the crime of that evidence, it would be a charge of murder and
Rebellion known as the THEORY OF not rebellion.
ABSORPTION IN REBELLION. Rebellion is a continuing crime. Therefore, these
NPA who rebelled against the Government, to
THEORY OF ABSORPTION IN REBELLION overthrow the Government, that one time uprising
Whenever in the course of committing rebellion, is sufficient, they are already considered as rebels
murder, homicide, arson, physical injuries, other because it is a continuing offense.
common crimes are committed, and these common
crimes are in furtherance to, incident to, in
connection with Rebellion is considered as

GONZALES v ABAYA 3. by means of speeches, proclamations, writings,

Senator Trillanes and company was charged with 2 crimes, emblems, banners or other representations tending
coup detat in the RTC of Makati and the violation of articles to the same end.
There is NO SUCH CRIME AS INCITING TO COUP
of war, particularly acts of unbecoming of an officer and a
DETAT.
gentleman filed before the military court. While the case was
pending in the RTC of Makati, the lawyer filed a petition, a SEDITION (ARTICLE 139)
motion, saying that the violation of the articles of war should ELEMENTS:
be absorbed by the case filed before the RTC of Makati. Can 1. That the offender rise (1) publicly, and (2)
Coup detat absorb the violations of article of war? tumultuously;
The Supreme Court ruled in the NEGATIVE. 2. That they employ force, intimidation or other means
According to the Supreme Court, for the theory outside of legal methods;
of absorption to apply, it is necessary that both 3. That the offenders employ any of those means to
cases must be heard or may be heard before the attain any of the following objectives:
same civilian court. a. To prevent the promulgation or execution
In this case, the coup detat must be heard in a of any law or the holding of any popular
civilian court, RTC of Makati, whereas the election
violations of the articles of war can be heard only b. To prevent the National Government, or
before a military court. Therefore, one cannot any provincial or municipal government,
absorb the other. or any public officer thereof from freely
Second reasoning given by the Supreme Court, exercising its or his functions, or prevents
for the theory to absorption to apply, it is the execution of any administrative order;
necessary that both crimes are punished by the c. To inflict any act of hate or revenge upon
same penal statute the person or property of any public officer
Third reasoning, violation of the articles of war is or employee;
sui generis. It is a kind of its own. Nothing d. To commit, for any political or social end,
compares to it. Therefore, it cannot be absorbed any act of hate or revenge against private
by any other crime. persons or any social class; and
e. To despoil, for any political or social end,
ARTICLE136 CONSPIRACY AND PROPOSAL TO any person, municipality or province or the
COMMIT COUP DETAT, REBELLION OR National Government of all its property or
INSURRECTION any part thereof
There is a public uprising again but no taking up of
There is CONSPIRACY TO COMMIT
arms but it is done tumultuously by means of force,
REBELLION when two or more persons come into
intimidation or any other means outside the legal
an agreement concerning the commission of
methods.
rebellion (to rise publicly and take arms against the
Government to any of the purposes of rebellion)
and decide to commit it. Therefore, based on the objects of sedition, the
There is PROPOSAL TO COMMIT REBELLION purposes of sedition can either be political in nature or
when a person who decides to commit rebellion social in nature.
proposes its execution to another person it is
necessary that the other person would not agree, if The purpose of sedition is not to overthrow the
that person agree, then it is already conspiracy to government but to go against what the government
commit rebellion wants to implement. To go against a new law, an
Conspiracy is a bilateral act which involves two or administrative order or public officer or employee.
more persons, whereas proposal is a unilateral act It is a disturbance, a commotion against the lawful
only one person decides to commit the crime and command of the authority.
he proposes its execution to another person. The rallies that you see everyday, the rallies
There is a conspiracy to commit coup detat the same against a new law to be implemented, they are
way of committing it. Also the proposal to commit coup considered as ordinary protest or rallies, but the
detat. moment they are carried outside of legal methods,
by means of force and violence, they will become
ARTICLE138 INCITING TO REBELLION OR to be a seditious act.
INSURRECTION
So, sedition is like any other rally, it only becomes
Inciting to Rebellion is a crime under the Revised Penal
seditious because there is the public uprising, done
Code. tumultuously, by means of force, violation or any other
ELEMENTS: means outside of the legal method.
1. It is committed by any person who does not take up
arms or is not in open hostility with the Government
2. he incites others to uprise for any of the purposes
of rebellion (incite others to the execution of any of
the acts of rebellion)

REBELLION SEDITION firearm shall be absorbed in the crime of rebellion,

Both have a public uprising sedition or attempted coup dtat.
Objective Political in Objective can either be
nature Political or social in nature Therefore, the use of unlicensed firearm in case of
To overthrow the
rebellion or sedition, or attempted coup dtat will
Government and to replace
the it with the Government not bring about a separate or distinct charge. There
of the Rebels is only one crime that is rebellion or sedition, or
attempted coup dtat. The use of unlicensed
ARTICLE141 CONSPIRACY TO COMMIT SEDITION firearm is not even an aggravating circumstance. It
There is a crime conspiracy to commit sedition but is absorbed in the crime of rebellion or sedition, or
not proposal to commit sedition. A proposal to attempted coup dtat.
commit sedition is not a punishable act under the
RPC. Under the same Section 1 of PD 1866 as amended
by RA 8294, if the use of an unlicensed firearm is
ARTICLE142 INCITING TO SEDITION
in the crime of homicide or murder, as the case may
ELEMENTS:
be, the use of unlicensed firearm shall be
1. The offender is not a participant (does not take
considered as an aggravating circumstance. So in
direct part) in the crime of sedition
2. He incites others to uprise for any of the purposes the law, it is an AGGRAVATING
of sedition CIRCUMSTANCE.
3. By means of speeches, proclamations, writings,
emblems, cartoon, banners, or other WHAT KIND OF AGGRAVATING
representation tending to the same end. CIRCUMSTANCE?
As decided by the Supreme Court in number
Inciting to Rebellion or Inciting to Sedition can only
of cases, it is a SPECIAL AGGRAVATING
be committed by a person who is not a participant
in the Rebellion or the Sedition, because if he is a CIRCUMSTANCE which cannot be offset by
participant in the Rebellion or Sedition, the any mitigating circumstance. The Supreme
appropriate charge is Rebellion or Sedition as the Court also held that the use of the word
case may be. Not merely inciting to Rebellion or homicide or murder under Section 1 is in its
Sedition. generic sense, therefore, whatever be the
kind of killing for as long as the unlicensed
Inciting to Sedition is committed not only by inciting
firearm is used, such use of unlicensed
others for any of the purposes of sedition. Different
acts of inciting to sedition: firearm is considered as a SPECIAL
I. Inciting others to the accomplishment of any of AGGRAVATING CIRCUMSTANCE.
the acts which constitute sedition by means of
speeches, proclamations, writings, emblems, ILLUSTRATION:
etc. Q: So if a son had an argument with his father, in the course
II. Uttering seditious words or speeches which
of the argument with his father, the son killed the father, the
tend to disturb the public peace
III. Writing, publishing or circulating scurrilous firearm was recovered. What crime or crimes would you file
libels against the Government, or any of the against the son?
duly constituted authorities thereof, which tend A: The son is liable of the crime ofPARRICIDE,
to disturb the public peace. for having killed his own father. The use of
unlicensed firearm shall be considered as a
USE OF UNLICENSED FIREARM (PD 1866 as amended SPECIAL AGGRAVATING CIRCUMSTANCE.
by RA 8294 otherwise known as the laws on Because as held by the Supreme Court, the use of
illegal/unlawful possession, manufacture, dealing in, the word murder is in its generic sense, therefore
acquisition or disposition of firearms, ammunition or it includes any kind wherein the imposable penalty
explosives or instruments used in the manufacture of is RECLUSION PERPETUA TO DEATH such as
firearms, ammunition or explosives) Parricide.
See: People vs. Ladjaalam and Celino Sr. vs. People Under Section 1 of PD 1866 as amended, it also provided
Under Section 1 If the use of an unlicensed that a person can only be held liable of illegal possession of
firearm is in furtherance of, incident to, or in unlicensed firearm provided that no other crime was
connection with the crime of rebellion or sedition, or committed by the person arrested. It is necessary that no
attempted coup dtat, such use of unlicensed other crime was committed by the person arrested.

PEOPLE VS. LADJAALAM of violation of COMELEC gun ban, he should be acquitted of

The police officers armed with a warrant of arrest illegal possession of unlicensed firearm, because this time,
went to the house of WalpanLadjaalam to effect the the law says provided that no other crime is committed by
warrant of arrest. WalpanLadjaalam, upon seeing the person arrested. Therefore, a final conviction is
the police officers, fired shots at the officers. Hence, necessary before the illegal possession of unlicensed
he was charged with direct assault with multiple firearm may be dismissed or he may be acquitted of the
attempted homicide. Aside from that, he was also same. So that is the relation of PD 1866 to sedition, rebellion
charged with illegal possession of unlicensed and coup dtat.
firearms. He was convicted of both crimes before
the Regional Trial Court. On appeal before the ARTICLE143 ACTS TENDING TO PREVENT THE
Supreme Court, SC said the illegal possession of MEETING OF THE ASSEMBLY AND SIMILAR BODIES
firearms case should be dismissed. He should be Punishes acts preventing the meeting of Congress
acquitted in the said case because he committed The crime is committed if there is a projected or
another crime, and that is, DIRECT ASSAULT actual meeting of the Congress and the offender,
WITH MULTIPLE ATTEMPTED HOMICIDE. by means of force or fraud, prevents such meeting
The offender here is any person: he may be a
What about in the case of CELINO, SR. VS. PEOPLE? private individual, public officer or employee
In this case, it was election time, there was a It is necessary that the offender prevents the
COMELEC gun ban. A person was found in meeting of the Congress or any of its committees,
possession of an unlicensed firearm. Arrested, he or constitutional committees or any provincial city
was charged of 2 crimes: (1) violation of the or municipal board.
COMELEC gun ban, and (2) illegal possession of
unlicensed firearms. During the arraignment for the ILLUSTRATION:
violation of the COMELEC gun ban, he pleaded not Q: So what if there is a meeting of the Sangguniang
guilty. However, during the arraignment for illegal Panlungsod. It was being presided by the Vice Mayor as the
possession of an unlicensed firearm, he filed a presiding officer of the city council. During the session of the
motion to quash the information. According to him, SangguniangPanlungsod, here comes the mayor together
he cannot be charged of illegal possession of an with some police officers. They entered the session of and
unlicensed firearm because the law says that you disturbed and prevented the said meeting by force. What
can only be charged of illegal possession of an crime, if any, was committed?
unlicensed firearm provided that no other crime is A: It is the violation of Article 143 ACTS
committed by the person arrested. He said here, he TENDING TO PREVENT THE MEETING OF
committed violation of COMELEC gun ban, CONGRESS AND SIMILAR BODIES.
therefore, he can no longer be liable for violation of
PD 1866 that is Illegal Possession of Unlicensed ARTICLE144 DISTURBANCE OF PROCEEDINGS
Firearm. Punishes disturbance of proceedings
IS HIS CONTENTION CORRECT? In disturbance of proceedings, there is a meeting of
His contention is wrong because according Congress or of any of its committees or
to the Supreme Court, when the law says subcommittees, constitutional commissions or
provided that no other crime is committed by committees or divisions thereof, or of any provincial
the person arrested, the word committed board or city or municipal council or board
means that there is already a final The offender either disturbs any of such
determination of guilt a final conviction of proceedings or he behaves while in the presence
guilt based on a successful prosecution or a of such proceedings in such a manner as to
judicial admission. Therefore, the word interrupt the proceedings or impair the respect due
committed means he has already been held it.
guilty beyond reasonable doubt a final So here, it is necessary that the offender, who was
judgment. present in the meeting, either he disturbs the said
proceeding, or while being there, he performed an
In the case of CELINO SR., he was not yet convicted. He act which impair the respect due to them or which
was only being prosecuted. He was only being charged of interrupted the said proceeding
illegal possession of unlicensed firearm. Therefore, both
cases can proceed. He can be charged both of illegal ILLUSTRATION:
possession of unlicensed firearms and violation of Q: The FREEDOM OF INFORMATION BILLwas on the
COMELEC gun ban. However, the moment he is convicted committee level. It was votation time. On the right side of the

said place or meeting, there were some observers or people It is necessary that at
who were coming from the media. On the left side, there the time of the arrest,
were ordinary people who do not agree on the freedom of the member of
information bill. It was time to vote for the passage of Congress, the
Freedom of Information bill, the members of the committee Congress must be in its
were voting when suddenly some members of the media regular or special
immediately pulled out a placard and shouted: YES TO session.
FREEDOM TO INFORMATION BILL!Are they liable of any Likewise, it is
crime? necessary that the said
A: YES. They are liable of disturbance of member of Congress
proceedings under Article 144. Because while in has committed a crime
the presence of the said meeting, they behaved in which is not higher than
such a manner as to interrupt the proceedings, or Prision Mayor.
impair the respect due it.
ILLUSTRATION:
ARTICLE145 VIOLATION OF PARLIAMENTARY Q: How about in the case of Panfilo Lacson?
IMMUNITY A: The case against Sen. Lacson was fortunately
Punishes violation of parliamentary immunity dismissed by the Court of Appeals. But let us say,
There are TWO (2) ACTS PUNISHED IN it is not dismissed by the Court of Appeals, he was
VIOLATION OF PARLIAMENTARY IMMUNITY: being charged of double murder Dacer-Corbito
1. Penalty: Prision Mayor committed double murder slay. He went into hiding. Let us say
by any person who by means of that he made his appearance. Can he be arrested
force, intimidation, fraud or threat, or even if the Congress is in regular or special
any other means and by said means, session? YES. Because the crime committed by
he tried to prevent any member of the him is punishable by a crime committer higher than
Congress either from attending any prision mayor. It is punishable by reclusion
meeting of the Congress or its perpetua. Therefore, had it not been dismissed by
committees or subcommittees, Congress and he apparently appeared and the
constitutional commissions or Congress is in regular or special session, he could
committees or divisions thereof , from be arrested.
expressing his opinions or casting his
vote Q: What if a Congressman is charged with the crime of libel
can be committed by before the RTC. The RTC issued a warrant of arrest against
anyone (private the Congressman. The police officers armed with a warrant
individual, public officer of arrest went inside the walls of Congress and they arrested
or employee) the said Congressman. Are the police officers liable under
this Article?
2. Penalty: PrisionCorreccional can A:YES, they are liable for violation of
only be committed by a public officer parliamentary immunity under the second.
or employee who shall, while the Because at the time the Congress is in its regular
Congress is in regular or special session and they arrested the said Congressman,
session, arrest or search any Libel under Article 355 is punishable only by Prision
member thereof, except in case such Correcional in its minimum and medium period,
member has committed a crime therefore it is below Prision Mayor, hence, the
punishable under this Code by a Congressman cannot be arrested while the
penalty higher than prision mayor. Congress is in its regular or special session.
Offender should be
only a public officer or Q: What if Congressman A is charged with the crime of
employee and not any attempted homicide. The fiscal found probable cause, the
individual because any case was filed in court. The court agrees with the fiscal and
individual cannot make a warrant of arrest was issued against Congressman A. The
a search or arrest a warrant of arrest was issued by the judge on December 24,
member of the the police officers had possession of the said warrant of
Congress arrest on December 25, on Christmas Day. While
Congressman was inside his house, the police officers

arrived and arrested the said Congressman for having been persons, whether in fixed
charged of the crime of Attempted Homicide. The penalty for place or moving
Attempted Homicide is Prision Correcional because under 2. The audience, whether
Article 249, the penalty for Homicide is Reclusion Temporal armed or not, is incited to
and the attempted is two degrees lower, one degree is the commission of the crime
Prision Mayor, two degrees lower is Prision Correcional, of treason, rebellion, or
therefore, the penalty to be imposed in this Attempted insurrection, sedition or
Homicide is Prision Correcional. So the police officers armed direct assault
with a warrant of arrest went inside the house of the The said gathering of
Congressman and arrested him on Christmas Day, men or men, may or
December 25, are the police officers liable for violating may not be armed. It is
parliamentary immunity under Article 145? not required that they
A:YES, they are liable for violation of be armed. Provided
Parliamentary Immunity.Because during that the audience
Christmas break or during Holy week break or any where incited to commit
other kind of break, Congress is still in its regular treason, rebellion, or
session. Because as stated in Political Law, in insurrection, sedition or
Constitution, when does Congress start? 4th assault upon a person
Monday of July, that is when the President states in authority or his
his SONA. When does Congress ends? 30 days agents)
before the start of Congress. Therefore, during
Christmas break or during Holy week break or any In case of illegal assembly, it is only necessary that
other break, the Congress is still in its regular there be a meeting, the meeting must be attended by
session. Any arrest of a member of Congress armed persons, under the first mode. In here, when it
during this time, if the said member of Congress says armed persons, it is not required that all those
has not committed a crime where a penalty is persons present in the meeting must be with arms. It
higher than Prision Mayor, shall be punished as suffices that one, two or more, or some of them would
violation parliamentary immunity under Article 145. be with arms.
When we say arms, it does not only mean firearms,
ARTICLE146 ILLEGAL ASSEMBLY it refers to any things, knives, stones, anything which
There are 2 KINDS OF ILLEGAL ASSEMBLY: can cause violence or injury to another person.
I. Any meeting attended by armed persons for It is necessary however, that the purpose of the
the purpose of committing any of the crimes meeting is unlawful that is to commit any of the
punishable under this Code crimes punishable under the RPC.
ELEMENTS: Under the second mode of committing illegal
1. That there be a meeting, a assembly, again there is a meeting, and there is no
gathering or group of requisite that those in attendance must be armed,
persons, whether in fixed therefore, they may or may not be with arms. But it is
place or moving requires for the crime to arise that the audience must
2. The meeting is attended by be incited to commit treason, rebellion, or
armed persons insurrection, sedition or assault upon a person in
3. The purpose of the meeting authority or his agents. Otherwise, the crime will not
is to9 commit any of the arise.
crimes punishable under the In case of illegal assembly, the organizers or leader
Code of the meeting will be criminally liable, as well as the
persons merely present in the said meeting.
II. Any meeting in which the audience, whether Under Article 146, first paragraph, last sentence
armed or not, is incited to the commission of it is provided that persons who are merely present at
the crime of treason, rebellion or insurrection, the meeting shall be punished by Arresto Mayor,
sedition or assault upon a person in authority unless they are armed, the penalty shall be Prision
or his agents Correcional, therefore, whether you are armed or not,
ELEMENTS: you can be held criminally liable for illegal assembly,
1. There is a meeting, a it will only differ in the penalty.
gathering or group of o If you are armed - Prision Correcional
o Not armed - Arresto Mayor (lower)

necessary that they must at least perform an overt

ARTICLE147 ILLEGAL ASSOCIATIONS act directly connected to bank robbery. So here,
WHAT ARE ILLEGAL ASSOCIATIONS? they just merely conspired to commit robbery
1. Associations totally or partially organized for the without the performance of any overt act directly
purpose of committing any of the crimes punishable connected to robbery. Hence, they are not
under the Code criminally liable. What they did is only a preparatory
2. Associations totally or partially organized for some act not directly connected to robbery.
purpose contrary to public morals Q: Why not illegal assembly?
In case of illegal associations, it is necessary that A: Because in the problem, it is not mentioned that
there be a formation of a group, not merely a meeting the persons were armed. Also, the crime of bank
and in the said association, not only the members of robbery is not among the crimes mentioned in the
the association should be penalized, but also the second act.
founders, directors and president of the said Q: Why not illegal association?
association or organization should be held criminally A: Because what they did was only a mere
liable. meeting, it was not an organization or association.
- Therefore, they are not liable of any crime.
ILLEGAL ASSEMBLY ILLEGAL ASSOCIATION
the purpose of the LET US ADD FACTS TO THE PROBLEM.
the purpose will always
association may be for Q: Let us say A, B, and C gathered 20 men 10 were armed
be a violation under the
purpose of committing and the other 10 were not armed. Again, they conspired and
RPC. Even under the
crimes violating the RPC or agreed to commit simultaneous bank robbery all over Metro
second mode inciting to
even in violation of special Manila. After their agreement here comes the police officers,
commit treason, rebellion,
penal laws, provided that it the police officers arrested them. Of what crime or crimes
or insurrection, sedition
is in violation of special may the police officer file against them?
or assault upon a person
penal law, it must be A:They should be charged of illegal assembly
in authority or his agents
against public morals under the first act. They have the gathering of
Necessary that there is men and their purpose is to commit a crime
Not necessary that there be
an actual meeting or punishable under the RPC which is robbery and it
an actual meeting
assembly is attended by armed persons, even if only 10 were
Meeting and the Act of forming or organizing with arms, still it is considered as illegal assembly.
attendance at such and membership in the Because the law does not require a number as to
meeting are the acts association are the acts the persons who should be armed. So, all of them
punished punished should be held criminally liable.
A, B and C, as leaders or organizers of the said
ILLUSTRATION: meeting, are liable for illegal assembly. Those
Q: So what if A, B and C gathered 20 persons and proposed persons who are armed, the penalty is higher than
to them the idea of committing simultaneous bank robbery those who are not armed. Prision Correcional if
all over Metro Manila, so they will commit robbery in 4 banks they are armed
simultaneously. So these 20 men agreed to the said Arresto Mayor if they are not armed
commission of bank robbery, and after they have come to
the agreement, here comes the police, the police got a tip Q: What if A, B and C gathered 1000 men and women. Their
from an informer, the police arrived and they were all intention was to incite the people to uprise against the
arrested. What crime or crimes if any should they be charged government to overthrow the present administration. These
of? 1000 men and women arrived in the said designated place.
A:They could not be charged of any crime. These 1000 men and women were arranging the chairs
There is no such thing as conspiracy to commit when suddenly here comes the police officers who got a tip
robbery. Because in robbery, robbery is only a about the said meeting. The police officers immediately
mode of committing the crime, it is not a crime by arrested A, B and C and the 1000 men and women. What
itself, unlike in case of treason, rebellion, there is crime or crimes if any may these 1000 men and women be
such a crime of conspiracy to commit treason, charged of?
conspiracy to commit rebellion, and they are A:They have not committed any crime. It cannot
punished by such acts. There is no such crime as be under the first act of illegal assembly because
conspiracy to commit robbery. So here, conspiracy the said 1000 men and women were not armed. It
is a mere preparatory act which is not yet cannot be under the second act of illegal assembly,
punishable by law. For them to be punished, it is because for one to be liable under this act, note that

even if not all of them need not to be armed, it is 1. To PREVENT the promulgation or
required that the audience must be incited to execution of any law or the holding of
commit treason, rebellion, or insurrection, sedition any popular election;
or assault upon a person in authority or his agents. 2. To PREVENT the National
Here the intention of A, B and C is to incite them to Government, or any provincial or
commit rebellion, BUT there was no statement in municipal government or any public
the problem that they were indeed incited to commit officer thereof from freely exercising
rebellion. In fact, they were just arranging the its or his functions, or PREVENT the
chairs, the meeting was only about to begin. execution of any administrative order;
Therefore, they have not yet committed any crime. 3. To INFLICT any act of hate or
revenge upon the person or property
Q: What if the jueteng lords of Southern Tagalog gathered, of any public officer or employee;
they gathered in Batangas. So their purpose was to define 4. To COMMIT, for any political or social
ways and means to propagate jueteng considering that the end, any act of hate or revenge
government would not want to legalize jueteng, their against private persons or any social
decision was define ways and means to propagate jueteng class;
by using minors, those 15 years of age or below as kubrador 5. To DESPOIL, for any political or
in the case of jueteng, so that was the purpose of their social end, any person, municipality,
meeting. In the said meeting, they elected their would-be province, or the National Government
president, vice president, treasurer, etc. So they formed an of all its property or any part thereof
organization, an association and they said that at the end of NOTE: The law says that there is no
the month, they would meet and define ways and means to public uprising, therefore whenever there
propagate jueteng. The police officers arrived and they were is actual commission of rebellion or
all arrested. But they are not with arms, it is not mentioned sedition, direct assault can never be
that any of them were with arms. committed because the element of direct
A:The crime committed is illegal association assault in whatever form is that there be
under Article 147. It is an association totally and no public uprising, on the other hand, a
partially organized for some purpose contrary to necessary element in the crime of sedition
public morals. Jueteng is in violation of PD 1602, or rebellion is there be public uprising.
illegal gambling as amended and it is against public
morals because it has not yet been legalized by ELEMENTS:
law. 1. The offender employs force or intimidation
2. AIM of the offender is to attain any of the
ARTICLE148 DIRECT ASSAULT purposes of the crime of rebellion or any
The two forms in committing the crime of direct assault of the objects of the crime of sedition
under Article 148 are: 3. There is no public uprising
I. Without public uprising, by employing FORCE or
INTIMIDATION for the attainment of any of the II. Without public uprising, by ATTACKING, by
purposes enumerated defining the crimes of EMPLOYING FORCE, or by SERIOUSLY
rebellion and sedition. INTIMIDATING or SERIOUSLY RESISTING any
The intention of the offender is to commit any person in authority or any of his agents, while in the
of the purposes of rebellion or sedition. performance of official duties, or on the occasion of
PURPOSES OF REBELLION: such performance.
1. To remove from the allegiance to the Most popular form of direct assault
Government or its laws: ELEMENTS:
(a) the territory of the 1. The offender
Philippines or any part a. Makes an attack,
thereof; or b. Employs force,
(b) any body of land, naval, or c. Makes a serious intimidation, or
other armed forces; or d. Makes a serious resistance
2. To deprive the Chief Executive or If the offended party is a
Congress, wholly or partially, of any of person in authority, the attack
their powers or prerogatives. or the employment of force
PURPOSES OF SEDITION: need not be serious because
under Article 148, the mere act

of laying of hands in the person charged with the

in authority is already qualified maintenance of public order
direct assault. Therefore, the and the protection and
mere act of pushing a person in security of life and property
authority is already qualified (e.g. police officer,
direct assault because the councilors). Likewise, it is
offender already laid hands stated that any person who
upon a person in authority. comes to the aid of a person
Hence, it need not be serious. in authority is deemed an
However, if the offended party agent of person in authority.
is a mere agent of a person in
authority, it is necessary that 3. The third element provides that at the time
the employment of force must of the assault, the person in authority is
be serious. The reason is that in engaged in the performance of his official
order to show defiance of law duties or the attack was on occasion of
against a mere agent of person such performance of official duty.
in authority, it is necessary that Direct assault can be
the attack or force employed committed whether the public
must be serious in nature. officer or employee.
If what has been done is Direct assault can be
intimidation or resistance, to committed whether the public
amount to direct assault, it must officer or agent of a person in
always be serious whether the authority is in the engaged in
offended party is a person in the performance of his official
authority or a mere agent of a duties or on occasion of such
person in authority. performance.
If a person in authority or his
2. The second element requires that the agent is engaged in the
assault is against a person in authority or performance of his official
an agent of a person in authority duty at the time of the
Who are these so-calledpersons in assault, regardless of the
authority? (Art 152) motive of the offender, direct
1. Any person directly vested assault will always arise.
with jurisdiction, whether as Whether there is a personal
an individual or as a vendetta, whether it is a
member of some court or
public reason or whatever
government-owned and
controlled corporation, reason, there is always direct
board or commission assault. There is defiance of
2. A barangay captain and a authority because the person
barangay chairman in authority or his agent is
3. Teachers, professors, or actually engaged in the
persons charged with the performance of official duty
supervision of public or duly
But if the person in authority
recognized private schools,
colleges or institutions or his agent is not engaged in
4. Lawyers while engaged in the performance of his official
their professional duties or duty at the time of the
while in the act of their assault, motive on the part of
professional duties offender becomes material.
You have to determine the
Who is an agent of a person in motive on the part of the
authority? (Art 152, par 2) offender. If the motive on the
A person who, by direct part of the offender is a
provision of law, by election personal vendetta, the crime
or by appointment by committed is murder,
competent authority, is homicide, serious physical

injuries or less serious

physical injuries, as the case COMPLEX CRIME OF DIRECT ASSAULT:
may be. But if the motive is by Whenever the crime of direct assault is committed, and there
reason of the authorities past is a resulting felony (e.g. death, physical injuries), you
performance of his official always complex it.
duty, the crime committed is Under Article 48, you should always complex it because from
still direct assault. a single act, two or more grave or less grave felonies had
The phrase on occasion of resulted. Under Article 48, Book I, you have to complex it.
such performance means So it could be:
that the said assault was by o Direct assault with Murder
reason of the past o Direct assault with Homicide
performance of official duty. o Direct assault with Serious Physical
So on occasion means it is Injuries
by reason of the past o Direct assault with Less Serious Physical
performance of official duty. Injuries
4. The fourth element provides that the But if the resulting felony is only SLIGHT
offender knows him to be a person in PHYSICAL INJURIES, you cannot complex it. It is
authority or an agent of a person in prohibited under Article 48 because:
authority. So it is that the offender knows
him to be a person in authority because 1. It is only a light felony. Under Article 48, you
otherwise, he cannot be said that he can only complex two or more grave or less
defied the law, he defied the authority. In grave felonies but not a light felony.
the first place, he didnt know that the 2. Slight physical injury or light felony is
person he is attacking is a person in already absorbed in direct assault because
authority or an agent of a person in whenever you assault somebody, definitely,
authority. somehow, any injury would happen to him.
That is why it is already absorbed in direct
5. The fifth element requires that there be no assault.
public uprising.
ILLUSTRATION:
QUALIFIED DIRECT ASSAULT Q: What if the city mayor attended the flag ceremony. It was
There are three circumstances which will qualify direct a mandate. So there was this flag ceremony attended by the
assault: city mayor. After the flag ceremony, the mayor went to the
1. When the assault is committed by means of a platform and was making an announcement to the city hall
weapon; employees. Suddenly here comes X. X went near the mayor
WEAPON - firearms, knives or any other and shot the mayor on the head. The mayor died. What
items which will inflict injury. crime is committed by X?
A: QUALIFIED DIRECT ASSAULT WITH
2. When the offender is a public officer or employee; MURDER. The city mayor was engaged in the
So when a public officer or employee attacks performance of his official duty at the time of the
a person in authority, it is always qualified assault therefore it is direct assault. Because the
direct assault.
city mayor was engaged in the performance of his
3. When the offender lays hands upon a person in official duty regardless of the motive of X, even if it
authority is by mayors past performance of official duty or by
Will only lie if the laying of hands is upon a reason of personal vendetta, regardless of the
person in authority. motive of X, the offender, since the mayor is
Any of these three circumstances will qualify direct assault. engaged in the performance of his official duty, it is
direct assault.
NOTE: The first two qualifying circumstance affects both a
Now, the mayor died. Therefore there is a resulting
person in authority or agent of a person in authority.
felony of murder because obviously there was
However, the third qualifying circumstance (laying hands
treachery; therefore, it is direct assault with murder.
upon a person in authority) will only lie if the offended party
Now, the offender made use of a weapon, he made
is a person in authority. Mere laying of hands to an agent of
use of a pistol gun, a firearm which is a qualifying
person in authority is not qualified. It will only qualify if the
laying of hands is upon a person in authority.

circumstance, therefore, the crime committed is the aid of the judge. This angered the accused. The accused
QUALIFIED DIRECT ASSAULT WITH MURDER. got mad at the court interpreter and he boxed the court
(EXAM TIP: the corresponding explanation must be interpreter as well. Thereafter the security guards arrived
completewhat is the qualifying circumstance, and took away the said accused. The judge suffered serious
what is direct assault, what is a complex crime) physical injuries whereas the court interpreter suffered slight
physical injuries. What crime or crimes is/are committed by
Q: What if the city mayor has just attended a Sunday mass. the accused, first against the judge, and second against the
He and his wife and children were getting out of the church court interpreter?
when suddenly here comes X. X, onboard the motorcycle A: As against the judge, the accused is liable of
went straight to the city mayor and fired at the head of the the crime of QUALIFIED DIRECT ASSAULT
city mayor. The city mayor died. It was found that X was a WITH SERIOUS PHYSICAL INJURIES. The judge
former employee of the city hall, who was dismissed by the is a person in authority under Article 152. He was
city mayor because he engaged in an anomalous engaged in the performance of his official duty at
transaction. What crime is committed by X? the time of the assault therefore the crime
A:QUALIFIED DIRECT ASSAULT WITH committed is direct assault. It has a resulting felony,
MURDER.The city mayor was not engaged in the serious physical injuries; therefore it should be
performance of his official duty. Since the city direct assault with serious physical injuries. The
mayor was not engaged in the performance of his accused in boxing the judge, laid hands upon a
official duty, he is a person in authority, you have to person in authority therefore it is QUALIFIED
know the reason, the motive of the offender. DIRECT ASSAULT WITH SERIOUS PHYSICAL
The offender was a city hall employee who was INJURIES.
dismissed by the city mayor, therefore the motive
was by reason of the past performance of the said As against the court interpreter, the accused is
person in authority. So it is by reason of the past liable of the crime of DIRECT ASSAULT. At the
performance of his official duty, the attack, the firing time the court interpreter came to the aid of a
was done on occasion of such performance of person in authority, who was the victim of direct
official duty therefore the crime committed is direct assault. Note under Article 152, any person who
assault. comes to the aid of a person in authority is deemed
The mayor died. Obviously there was treachery an agent of a person in authority therefore, when
therefore it is direct assault with murder. the court interpreter came to the aid of the said
The offender made use of a firearm, which is a judge, who was a person in authority, he became
qualifying circumstance in direct assault therefore it an agent of a person in authority. And under Article
is QUALIFIED DIRECT ASSAULT WITH 148, any attack on an agent of a person in authority
MURDER. is direct assault. Therefore the crime committed is
direct assault. The said interpreter suffered slight
Q: What if in the same problem, here comes X, the mayor physical injury. You cannot complex it because it is
was coming out of the church, X shot the city mayor. Now X only a light felony. Therefore it is only direct assault
happened to be a former gardener who was dismissed from not complex. The said accused laid hands upon the
the service of the household because he performed a court interpreter, would you qualify it? No, because
wrongful act while gardening. Therefore his reason was a he is mere agent of person in authority. Therefore
personal vendetta. What crime is committed by X? the crime committed is only direct assault.
A: X committed a crime ofMURDER. Obviously,
there was treachery on the part of X. ARTICLE149 INDIRECT ASSAULT
It is not direct assault because the mayor was not Indirect assault can be committed only when a direct
engaged in the performance of his official duty and assault is also committed
the reason behind the assault was personal ELEMENTS:
vendetta. Therefore it cannot be said that the attack 1. An AGENT of a person in authority is the victim
was on occasion of such performance of official of any of the forms of direct assault defined in
duty. Article 148.
2. A person comes to the aid of such agent
Q: What if the judge has just rendered judgment. After 3. Offender makes use of force or intimidation
rendering the judgment, after finding the accused guilty upon such person coming to the aid of the
beyond reasonable doubt, the accused got mad. He jumped agent.
on the judge and he boxed the judge several times. The
court interpreter, the person nearest to the judge, came to

Q: What if a police officer was manning the traffic and it was Are you going to complex it to the crime of
a heavy traffic so the vehicles were stuck. What if one of the slight physical injuries?
owners of the vehicles got mad at the police officer and he No, because it is absorbed and it is only
went straight to the police officer, who at the time has no a light felony.
pistol, and boxed the police officer. While he was boxing a
police officer a pedestrian saw the incident .the pedestrian Under Article 149, INDIRECT ASSAULT is committed if a
came to the aid of the police officer. This angered the owner person in authority or an agent of a person in authority
of the vehicle so he, too, boxed the said pedestrian. The said is the victim of direct assault. Any person who came to his
pedestrian suffered slight physical injuries while the police aid and that person was employed with force or intimidation
officer suffered less serious physical injuries. What crime or by the offender.
crimes is/are committed by the said owner of the vehicle Why is it in the given problem, when the person under
against: attacked is a person in authority and when someone
a. The police officer came to his aid, and that someone was also attacked,
b. The pedestrian? the crime committed is direct assault against that
A: a. DIRECT ASSAULT WITH LESS SERIOUS someone. But when the victim of direct assault is a
PHYSICAL INJURIES. The said owner of the mere agent of a person in authority, and someone
vehicle boxed the said police officer. The police came to his aid, and that someone was also attacked,
officer is an agent of a person in authority under the crime is indirect assault.
Article 152 because he was charged with the The reason is that the Congress amended
maintenance of public order. The police officer is in Article 152 without correspondingly
the actual performance of his official duty at the amending Article 149.
time of the assault therefore the crime committed is Based on the amendment made by
direct assault. There is also a resulting felony which Congress in Article 152, it is stated that
is less serious physical injuries, a less grave felony; any person who comes to the aid of a
therefore we have to complex it, direct assault with person in authority is deemed an agent of
less serious physical injuries. The offender laid person in authority. And if an agent of a
hands upon the police officer, however, laying of person in authority is attacked, such
hands will not qualify because he is a mere agent attack is under Article 148 which is direct
of person in authority; therefore the crime assault and not indirect assault under
committed against the police officer is direct assault Article 149.
with less serious physical injuries. But if the victim of the said direct assault
(NOTE: an MMDA officer is also an agent of a is a mere agent of a person in authority,
person in authority because he is charged with the and someone who comes to his aid will
maintenance of public order and the protection and not become an agent of a person in
security of life and property) authority; therefore when he is also
attacked, it will only be indirect assault
b. INDIRECT ASSAULT under Art 149. An agent under Article 149.
of a person in authority was the victim of direct
assault. A person came to his aid who is the In statcon, when there are two provisions which are
pedestrian. When the pedestrian came to the aid of contrary, you reconcile. So to reconcile, Article 149
this agent of person in authority, he did not become or indirect assault will only apply if the victim of
an agent of a person in authority under Art 152 direct assault is a mere agent of person in authority
because under Art 152, a person would only and someone came to his aid, and that someone
become an agent of a person in authority if he came was also employed with force and intimidation.
to the aid of a person in authority. Here, the
pedestrian merely came to the aid of an agent of a ARTICLE150 DISOBEDIENCE TO SUMMONS ISSUED
person in authority who is the police officer. BY THE NATIONAL ASSEMBLY, ITS COMMITTEES OR
Therefore, when the pedestrian came to the aid of SUBCOMMITTTES, BY THE CONSTITUTIONAL
the police officer, he did not become also an agent COMMISSIONS, ITS COMMITTEES, SUBCOMITTEES OR
of a person in authority; as such, the crime DIVISIONS
committed is INDIRECT ASSAULT. When the Acts Punished:
pedestrian came to the aid of the police officer, I. By refusing, without legal excuse, to obey
force and intimidation were employed against him summons issued by the Congress or any of its
so the crime committed by the owner of the vehicle extensions or any of its standing committees
against the pedestrian is indirect assault. or subcommittees, by the Constitutional

Commissions, its committees, subcommittees it either to the Ombudsman or to the DOJ.

or any other body which has the power to issue It is upto the DOJ or to the Ombudsman to
summons. file a case because the purpose of the
Under the first act, for the crime to arise, Senate or the HOR is only inquiry in aid of
it is necessary that the offenders refusal legislation.
to obey the summons is without any legal
excuse. If there is a valid reason, a legal ILLUSTRATION:
excuse, why the offender didnt attend Q: What if there is this committee hearing, an investigation
the said committee hearing of the about anomalous transactions entered into by a former
congress or why he failed to comply with officials of the DENR. While the said official received the
the said summons or any of the acts summons, he failed to appear because he was at St. Lukes.
under Art. 150; the crime will not arise. He was confined because he was suffering from
hypertension. Can he be held liable under Art. 150?
II. By refusing to be sworn or placed under A: He cannot be held liable because he has a legal
affirmation while being before such legislative excuse to attend or to obey the summons issued by
or constitutional body or official. the Congress. The moment that there is a legal
Under the second act the public official excuse, the crime will not arise BUT if his measure
or the person was required to appear in is without any legal excuse NOTE that aside from
the said meeting and obey the summons violation of Art. 150, he can also be held liable or
however, the moment he appeared in the cited for contempt by the said committee of
said meeting, he refused to be sworn to. Congress and usually when cited for contempt, he
He does not want to be sworn to and he is placed in detention in the Senate Blue Ribbon
refused to be placed under affirmation Committee.
before such legislative or constitutional
body. Art. 150 is still violated. Q: He obeyed the summons, he appeared, he allowed
himself to be sworn in however, the moment that the
III. By refusing to answer any legal inquiry or to Senators asked him questions, and he refused to answer the
produce any books, papers, documents, or questions. He said: I invoke my right against self-
records in his possession, when required by incrimination. When he was solely required to produce the
them to do so in the exercise of their functions. books which were confirmed to be in his possession; He
didnt want to produce the said books because according to
IV. By refusing another from attending as a him, the production of these books would incriminate
witness in such legislative or constitutional himself. Can he be held liable under Art. 150?
body. A: He cannot. If the answer to any of the questions
Under the fourth act punished, the said or if the conduction of the same will incriminate the
offender did not fail to attend in the person in the said crime; he has the right not to do
summons; he restrained another from so. Under the Constitution, No person can be
attending as a witness. He prevented compelled to be a witness against himself and
another person in attending as a witness asking him, requiring him, ordering him to produce
in such legislative or constitutional body the books or to answer any questions which would
hearing. incriminate himself is akin to making him a witness
against himself and it is unconstitutional.
V. By inducing disobedience to a summons or
refusal to be sworn by any such body or ARTICLE151 RESISTANCE AND DISOBEDIENCE TO A
official. PERSON IN AUTHORITY OR THE AGENTS OF SUCH
NOTE that Congress where it be the PERSON
House of Representatives or the Senate Punishes two acts:
has the power to issue summons because I. RESISTANCE AND SERIOUS DISOBEDIENCE
they have the power to investigate that is (PAR 1)
inquiry in aid of legislation. Whatever be ELEMENTS:
the findings in the said investigating body, 1. The person in authority or his agent
it will be used in the making of a bill, a a. is engaged in the
proposal. NOTE that they dont have the performance of official duty;
power to file a case so whatever be the or
product of their investigation, they will give

b. gives a lawful order to the A: No, there is no such crime. The crime
offender committed is not direct assault with robbery. It is
2. Offender resists or seriously disobey already robbery with any resulting felony, if there is
such person in authority or his agent one.
3. That such resistance or disobedience What if the original motive was to assault the city
will not amount to mayor?
a. direct assault (Art 148), If the original motive is to assault the city mayor
b. indirect assault (Art 149); or and not to commit robbery, but the offender
c. disobedience to summons took the watch, there will be two crimes
issued by Congress because the offender already performed two
acts.
II. SIMPLE DISOBEDIENCE (PAR 2) If there are two separate and distinct crimes,
ELEMENTS: there shall be two information that will be filed
1. An AGENT of a person in authority to the court. If it is a complex crime, only one
a. is engaged in the performance information is filed before the court.
of official duty; or If the intention is to rob, and in the occasion of
b. gives a lawful order to the the said robbery, homicide, serious physical
offender injuries, rape, intentional mutilation, arson was
2. The offender disobeys such order of the committed, the crime committed under Article
agent 294 is robbery with homicide, robbery with
3. Such disobedience is not serious in intentional mutilation, robbery with rape,
nature robbery with arson or robbery with serious
physical injuries.
ILLUSTRATION: If the original intention was to assault the city
Q: What if the mayor has a project, a cleaning act operation mayor and thereafter he committed robbery,
in order to prevent dengue. So they were cleaning up the there will be two acts. Because his intention
canals. While the mayor was cleaning up the canals together was to assault and thereafter he committed the
with other city hall employees, here comes Mang Pedro who second act of taking away the personal
had taken beer and was a little tipsy. So the went there and property of the city mayor.
was shouting and making noise, disturbing the people who In case of DIRECT ASSAULT WITH MURDER
were busy cleaning up the canals. And so the police officer or HOMICIDE, it is considered a complex
cleaning told Mang Pedro to go home because he was crime under Article 48 because based on the
disturbing the cleaning up operation. Mang Pedro, instead of single act performed, two or more grave or less
going home, merely sat nearby the canal being cleaned by grave offense was committed. Because with
the people. What crime, if any, did Mang Pedro commit? the single act of boxing, the offender
A: Mang Pedro committed SIMPLE committed direct assault and serious/less
DISOBEDIENCE UNDER ARTICLE 151 par 2. serious physical injuries.
Article 151, second paragraph, simple
disobedience is committed when an agent of a ARTICLE152 PERSONS IN AUTHORITHY AND
person in authority is engaged in the performance AGENTS OF PERSONS IN AUTHORITY
of official duty or gives a lawful order to the Q: Who are persons in authority?
offender, that the offender disobeys and such A: The following are the persons in authority:
disobedience is not of serious nature. In the 1. Municipal Mayors
problem, it was the police officer, an agent of a 2. Division Superintendent of schools
person in authority, who gave the order to Mang 3. Public and private school teachers
Pedro and Mang Pedro disobeyed him but such 4. Teacher-nurse
disobedience was not serious in nature because he 5. President of the sanitary division
merely sat nearby the canal; therefore there was no 6. Provincial Fiscal
showing that such disobedience is serious in nature 7. Judges
so the crime committed is simple disobedience. 8. Lawyers in actual performance of duties
9. Sangguniang Bayan member
Q: Is there direct assault with robbery? Lets say that the city 10. Barangay Chairman
mayor was assaulted and thereafter he took the watch of the
mayor.

Q: Who is an agent of a person in authority? we have no more death penalty.

A: Those who are in charged with: Death Penalty is prohibited to be
The maintenance of public order; and imposed.
The protection and security of life and
property But in burying with pomp the body of
the person who has been legally
ARTICLE153 TUMULTS AND OTHER DISTURBANCES executed; the said person must be
*Offender must be a participant. legally executed because the said
Acts punished: person has committed a heinous
I. Causing any serious disturbances in a public crime yet when he was buried he was
place, office or establishment; buried with such extravagance as if
For the said disturbance to be as he is a hero, as if as the
considered as a violation of Art 153; it government has committed a crime in
is necessary that the said offender legally executing him therefore it
deliberately intended to disturb the causes sympathy arising on the part
said meeting or public place. It was a of the people hence, it was a
planned intentional act. disturbance of public order.
II. Interrupting or disturbing performances, If any of these prohibited acts

functions or gatherings, or peaceful meetings, constituting violation of Art 153 is
if the act is not included in Arts. 131 and 132; committed by more than 3 persons
NOTE that there is a qualification who are provided with arms or any
made by law provided that the said means of violence it is said to be
interruption or disturbance of public tumultuous therefore there must be at
gatherings, functions and peaceful least four persons who are armed or
meetings must not fall as a violation provided with means of violence for it
under Art 131 or Art 132. to be considered as tumultuous.
III. Making any outcry tending to incite rebellion or SO WHERE LIES THE DIFFERENCE BETWEEN ART 153
sedition in any meeting, association or public AND ART 131 OR 132?
place. Article 153 punishes TUMULTS ANS OTHER
DISTURBANCES OF PUBLIC ORDER, Article 131
IV. Displaying placards or emblems which punishes PROHIBITION, INTERRUPTION AND
provoke a disturbance of public order in such DISSOLUTION OF PEACEFUL MEETINGS, Article
place; 132 punishes INTERRUPTING OF RELIGIOUS
Whether this making of an outcry or WORSHIP
the displaying of placards or
emblems, it is necessary that such Articles 131 and 132 can only be committed by a
act of displaying placards or emblems Public Officer. It cannot be committed by a private
must be an unconscious outburst of individual whereas under Art 153, it can be
emotion. It must not be intentionally committed both by a Public Officer and a private
calculated to incite people to rebel or individual.
to commit sedition because
otherwise, the crime would be inciting What if the offender is a public officer and he disturbs a
to rebellion or inciting to sedition. peaceful meeting. How would you distinguish if it is a
violation of Art 153 or a violation of Art 131?
V. Burying with pomp the body of a person who
has been legally executed. First, In Art 131, the public officer must not be a
When you say legally executed; it participant in the meeting that he disturb or
means that the said person has interrupted. He must be an outsider, a stranger in
committed a heinous crime. The the said meeting. On the other hand, in Art 153, the
penalty prescribed by law is death said Public Officer must be a participant, one in
and so he was killed by means of attendance in the said meeting.
lethal injection but at present
because of Republic Act No. 9346,

Second, in Art 131, the mere intention of the public A:The crime committed was inciting to
officer is to prevent a person from freely exercising rebellion.
his freedom of speech and expression whereas in
Art 153, the intention of the offender is to disturb Q: What if, he was among the participants. The head of the
public peace and tranquility. meeting, the Public Officer was discussing about the
increase of fares of the MRT and LRT. This person could no
ILLUSTRATION: longer control his emotions. Suddenly he stood up and he
Q: What if since RH Bill was enacted into law, there was a said: buwisit na gobyerno na ito naiinis na ako. Dapat na
huge rally at the EDSA Shrine which was initiated by the tayong mag rebelled sa gobyerno walang ginawa kundi
members of the CBCP. They were against this law and they increase ng taxes. They go and rebel against the
encouraged the people to file a case before the Supreme government. What crime was committed?
Court questioning the constitutionality of the said law. At first, A:Tumults and other disturbances of public
the head of the CBCP spoke then after him another person, order. It is just an unconscious outburst of
a private individual spoke, the head of the organization emotions not an intentionally calculated to incite
spoke and he kept on attacking and attacking the President. people to rebel against the government.
He said that the President bribed the members of the
Congress in order to pass this bill so he kept on attacking ARTICLE154 UNLAWFUL USE OF MEANS OF
and attacking the President. One of the police officers, who PUBLICATION AND UNLAWFUL UTTERANCES
was assigned to maintain the peace and order in the place, Acts punished:
heard the attacks against the President. This Police Officer I. By publishing or causing to be published by
was indebted to the President he owed his position to the means of printing lithography or any other
President. He went straight to the person talking against the means of publication, as news any false news
President and told him to stop. When he didnt stop, the which may endanger the public order, or cause
Police Officer fired shots in the air and the people scampered damage to the interest or credit of the State.
away and the peaceful meeting/gathering was dissolved/ II. By encouraging disobedience to the law or to
interrupted. What crime was committed by the Police the constituted authorities or by praising,
Officer? justifying ot extolling any act punished by law,
A: The crime committed by the Police Officer is by the same means or by words, utterances or
not Art 153 but Art 131.Because the distinctions speeches.
lie in this case. First, the said Public Officer, a III. By maliciously publishing or causing to be
Police Officer is not a participant in the said published any official resolution or document
meeting. He is a stranger, an outsider in the said without proper authority, or before they have
meeting. Second, his only purpose is to prevent the been published officially.
said person in freely exercising his freedom of NOTE that in the third act there is the
speech and expression, it is his right to express his word Malicious. The offender must
anger against the President yet the said person maliciously publish or cause to be
prevented him in exercising such freedom of published any official resolution. If the
Speech and expression therefore the Police Officer publication of the official resolution
is liable under Art 131 and not under Art 153. without official authority or the
publication was not done maliciously,
For him to be liable under Art 153, lets say that he there was no intent to cause damage,
is a public officer, he is a participant in the said it was not done maliciously. Art 154 is
meeting and while participating in the said meeting, not violated. It is necessary that the
he interrupted the said meeting in order for him to said publication must be done
cause a disturbance of the said meeting. The crime maliciously under the third act.
is Art 153. IV. By printing, publishing or distributing (or
causing the same) books, pamphlets,
Q: There was this peaceful gathering, lets say a public periodicals, or leaflets which do not bear the
meeting, a peaceful meeting about the increase of fares of real printers name or which are classified as
the MRT and the LRT. One of the participants therein, one anonymous.
of the persons therein went to the platform and took the mic It is necessary that any publication
and then he incite the people, induced the people to go to has contained the real printers name.
the streets, uprise, rebel against the government, to It must have been anonymous. The
overthrow the government. What crime was committed? publisher, the printer, the author,
must be stated even at the bottom.

of discordant noises made on kettles,

Q: What if the Philippine Daily Inquirer has as its headline: tins, horns, etc. designed to annoy
KC Concepcion said..PioloPascual is gay. So that is the and insult.
headline of the Philippine Daily Inquirer. It was posted. KC III. Disturbing the public peace while wandering
never categorically stated that Piolo is gay, she only about at night or while engaged in any other
impliedly stated it but she never categorically stated it. So nocturnal amusement.
the Daily Inquirer published a false news and PioloPascual IV. Causing any disturbance or scandal in public
filed a case in violation of Art 154 against the Philippine Daily places while intoxicated or otherwise, provided
Inquirer. The Philippine Daily Inquirer knew that it is a false Art 153 is not applicable
news yet they still published it as news.
A: Art. 154 is not violated because whether or *Note: As of now, those who are guilty of committing the
notPiolo is gay it will not endanger public order. It crime of Alarms and Scandals may apply for Probation (for
will not cause damage to the credit or interest of the imprisonment of 6 years or below).
state. Those involving crimes against national security cannot
apply.
Q: What if the headline of the Philippine Daily Inquirer said:
Tomorrow, Megamall will be bombed from a very reliable ILLUSTRATION:
source. That was the headline of the Philippine Daily Q: In a public park, there were so many people here comes
Inquirer. The Philippine Daily Inquirer later on learned that it X. X went in the middle of the park and fired shots in the air.
was false nevertheless; since it was already there they still The people were so afraid they scampered away. What
published it and distributed it. Can they be held liable under crime is committed?
Art 154? A: Alarms and Scandals under Art 155. His act
A: Yes because the said news will endanger can cause damage to public peace and tranquility.
public order. It can cause damage to the credit or
interest of the state. Imagine Megamall will be Q: What if in the same problem, in a public park, there were
bomb, no person will go to the said place, tourists so many people and here comes X. X saw his enemy Y. He
will not go to the said place therefore it will took out his firearm, aiming his firearm at Y without any intent
endanger public order and can cause damage to to kill because he knew Y would not be killed and he
the interest of the state when the said newspaper discharged the firearm. What crime is committed?
published it despite knowing that it was false news. A: The crime committed is illegal discharged of
Art 154 is violated. firearms under Art. 254 RPC.
Q: What if members of the CBCP, they are against the RH Q: What if in the same public place, X saw his enemy Y. He
Law. They made leaflets, pamphlets and distributed it to all pulled out his firearm with intent to kill, he aimed his firearm
persons in the church, in market.. Therein is stated: Anyone at Y, discharged the firearm but Y was not killed. What crime
who would obey or comply with the RH Bill which is a was committed?
Catholic will be ex-communicated. Can they be held liable of A: Attempted murder or Homicide as the case
Art 154? may be.
A:Yes because they encouraged disobedience In case of alarms and scandals, the only
to the law. It has been enacted into law and by intention of the offender is to cause
encouraging the people that they would be ex- damage to public peace and tranquility
communicated if you will obey it, then you can be that is to cause alarm and danger. That is
held liable for unlawful use of means of publication. his intention.
ARTICLE155 ALARMS AND SCANDALS In Illegal Discharge of Firearms under Art

Acts punished: 1254 his intention is to threaten the said
I. Discharging any firearm, rocket, firecracker, or person or any other persons. He aimed
other explosives within any town or public the firearm and discharges the firearm
place calculated to cause (which produces) pointing at a particular person absent:
alarm or danger. intent to kill. There was no intent to kill, it
II. Instigating or taking an active part in any is illegal discharge of firearm.
charivari or other disorderly meeting offensive But given in the same problem, he knows
to another or prejudicial to public tranquility. his enemy, pointed the firearm at his
Charivari includes a medley of enemy but with intent to kill. He
discordant voices, a mock serenade discharged the firearm but his enemy was

not killed. It is attempted homicide or Who is the offender?

murder as the case may be. Since there is The offender is any person. He can be a private
an intent to kill on the part of the offender individual or a public officer or employee provided
even if the victim was not killed it is still in that he is not the custodian of the said prisoner
the attempted stage. because if the offender who helped in the escape
of the prisoner from jail is the custodian of the said
Q: What if in the same problem, it was in a public place, X prisoner, the crime is under Art 223 Infidelity in the
went to the said place, he saw his enemy Y. He went near custody of prisoners because the element of
Y, took out his gun and poked the gun at Y but did not breach of trust and confidence reposed on him by
discharge the said gun. What crime is committed? the government.
A:The crime committed is other light threats.
NOTE that under other light threats the offender
merely poked the firearm at the victim without Who is the prisoner being referred to in delivering
discharging or firing the firearm. If the firearm has persons from jail?
been discharged, 3 crimes may be committed He can be a detention prisoner or a prisoner
depending on the intent. It can be alarms and convicted by final judgment for as long as he is in a
scandals, illegal discharge of firearms or attempted jail or penal institution.
homicide or murder as the case may be. A detention prisoner is a prisoner who is
behind bars but the case against him is
Q: You have a neighbor, it was his birthday. They rented a ongoing either because the crime he
videoke and kept on singing along till 12mn. The guests committed is a non-bailable offense and
already left, the birthday celebrant was the only one left, its evidence of guilt is strong or the crime he
already 1:30am and hes still singing at the top of his voice committed is a bailable offense but he does not
with the use of the mic. His neighbors cannot sleep because have the enough funds to put up the required
of his ugly voice. Everyone in the neighborhood could hear bail.
him and cannot sleep. Can he be held liable under Art 155
alarms and scandals? The prisoners at the provincial jail, city jail,
A: Yes. He can be held liable under alarms and municipal jail, they are merely detention
scandals because his only intention that night is to prisoners. They are not yet convicts. They are
cause a disturbance of public peace and order. only accused, suspects therefore they are
presumed innocent unless and until proven
Q: Lets say a person was intoxicated. He was drunk. He that theyre guilty of the crime charged. They
was on his way home. He was singing at the top of his voice. are merely detention prisoners.
Is he liable for alarms and scandals?
A: No because it is normal to sing at the top of his On the other hand, a prisoner that is
voice. convicted by final judgment is one who has
been convicted by the lower court and who did
Q: What if he saw this lead pipe (tubo) and upon seeing this not appeal his conviction within the period to
lead pipe, he would bang all the gates that he would pass perfect an appeal then the judgment becomes
by. Is he liable for alarms and scandals? final and executory. He has to serve the
A: Yes because his acts caused damage to public sentence. Or he has been convicted then he
peace and tranquility. appealed to the higher court within the period
to perfect an appeal and the said higher court
ARTICLE156 DELIVERING PRISONERS FROM JAIL affirmed the said conviction. The conviction will
ELEMENTS: now become final and executory so he is now
1. That there is a person confined in a jail or penal a prisoner convicted by final judgment.
establishment. Generally, they are those who are serving
2. That the offender removes therefrom such persons, sentence in Muntinlupa.
or helps the escape of such person.
ILLUSTRATION:
The PENALTY for the crime is QUALIFIED if violence Q: Lets say A is a prisoner convicted by final judgment. He
or intimidation has been used in the commission of the is serving his sentence in Muntinlupa. B his friend visited
crime also if bribery is used in delivering prisoners from him. B was a rich man. He planned As escape on his
jail. birthday. He did this by talking to the jail warden custodian.
B the friend gave the jail warden custodian P500,000.00. He

gave bribe to the jail warden custodian to allow A his friend of direct bribery because in delivering
to escape at that night. He also went to the guard at the prisoners from jail, it is only a qualifying
entrance gate of the New Bilibid Prison and gave the guard circumstance which will only increase the
P100,000.00, also to allow his friend to leave at that night. imposable penalty.
That night, A escaped and left the penal institution. He went
to the house of another friend who harbored him and The friend who harbored and concealed him
concealed him despite the fact that he was an escapee from will be liable under PD 1829 that is
a penal institution. What are the crimes committed by A (the obstruction of justice. It is committed by any
prisoner), B (the friend), jail warden custodian, the guard of person who willfully or deliberately obstructs or
the penal institution, and the friend who harbored him? impedes the investigation or the apprehension
A: A is liable of evasion of service of sentence of a criminal.
under Art 157. He is a prisoner convicted by final Why not an accessory?
judgment therefore he is liable for evasion of o Because I did not mention in the problem
service of sentence. the crime committed by the prisoner. For
an accessory to the crime, it is necessary
Q: What if he is not serving his sentence in Muntinlupa. Lets that the crime committed by the prisoner
say he is just a detention prisoner. Can he be held liable for must be treason, parricide, murder,
evasion of service of sentence? attempt to take the life of the chief
A: No. Evasion of service of sentence can only be executive or is known to be habitually
committed by a prisoner convicted by final judgment. guilty of some other crime. I did not
In the given problem, A is convicted by final mention the crime committed by the
judgment therefore A is liable for evasion of prisoner. Therefore his liability is under
service of sentence under Art 157. PD 1829 Obstruction of Justice.
B the friend is liable under Art 156

Delivering prisoners from jail qualified by ARTICLE157 EVASION OF SERVICE OF SENTENCE
the giving of bribe therefore his penalty will (Art 157)
be qualified because he gave bribe money ELEMENTS:
inorder to help in the escape of his friend. He 1. That the offender is a convict by final judgment.
will not be liable for another crime of corruption 2. That he is serving his sentence which consists in
of public official because the giving of bribe is deprivation of liberty.
considered clearly as a qualifying or as an 3. That he evades the service of his sentence by
aggravating circumstance in delivering escaping during the term of his sentence.
prisoners from jail.
Evasion of service of sentence can only be committed
The jail warden custodian who received the by a person convicted by final judgment. It cannot be
bribed money and allowed As escape is liable committed by a mere detention prisoner.
under Art 223 infidelity in the custody of
prisoners. Aside from that, he is also liable PENALTY IS QUALIFIED if such evasion or escape takes
for direct bribery because in case of infidelity place:
in the custody of prisoners, the giving and 1. By means of unlawful entry
receiving of bribe is not a qualifying or 2. By breaking doors, windows, gates, walls, roofs or
aggravating circumstance therefore the jail floors;
warden custodian will be liable for 2 crimes; 3. By using picklocks, false keys, disguise, deceit,
Infidelity in the custody of prisoners and direct violence or intimidation; or
bribery for having received the bribed money 4. Through connivance with other convicts or
in the amount of P500,000.00. employees of the penal institution.
The guard at the entrance gate of the penal ILLUSTRATION:

institution will be liable for delivering Q: You often read in the newspapers, heard over the radios,
prisoners from jail. He is not the custodian watch on TV, 5 prisoners escaped from the Caloocan city
and he helped in the escape/removal of the jail, 10 prisoners escaped from Palawan Provincial Jail. Did
prisoner from jail. Therefore, he is liable for they commit evasion of service of sentence?
delivering prisoners from jail. The fact that he A: No. These persons did not commit evasion of
received bribed money will not make him liable service of sentence under art 157 because they are

merely detention prisoners. For evasion of return/to give himself to the proper authorities within 48
sentence to arise, the prisoner who has escaped hours. That is only when the crime will arise.
must be a prisoner convicted by final judgment.
Under Art 157, the said prisoner the said prisoner ILLUSTRATION:
must be serving which involves deprivation of Q: What if there was this earthquake, X was a prisoner
liberty and he escapes during the service of his convicted by final judgment. Everything was shaking and
sentence by evading the service of sentence. because of the earthquake, X escaped the penal institution.
The law says, it is a prisoner serving his sentence He went to the house of his mother. That night while
which involves deprivation of liberty. It is necessary watching the television, he saw the president
that the sentence imposed on him must involve announced/declared that the calamity had already
deprivation of liberty either it is behind bars or he ceased/passed away. Within 48hrs he returned. What is the
has been convicted of a crime wherein the penalty effect on his criminal liability?
is destierro. Even if the penalty prescribed is A:If the said convict escaped and returned to
destierro, the moment he enters the place wherein the proper authorities within 48hrs; there shall
he is prohibited from entering in the judgment of the be a credit or a deduction from his sentence.
court, he also committed evasion of service of There is 1/5 deduction/credit from his sentence.
sentence. Under Art 98 this is special time allowance for
Destierro under Art 27; Destierro is also a loyalty. He was too loyal to the government that
penalty which involves deprivation of even if he already left the penal institution he still
liberty although partial not complete returned; such kind of loyalty must be rewarded.
deprivation of liberty because the offender
or the convict is not allowed to enter a Q: What if 48 hrs had lapsed, still he did not return. What is
place designated in the judgment of the the effect of his criminal liability?
court. The moment he enters the said A:There will be an additional penalty imposed
place, he commits evasion of service of on him. 1/5 on the basis of the remainder of his
sentence. sentence but note that it shall not exceed six
months.
ARTICLE158 EVASION OF SERVICE OF SENTENCE
ON THE OCCASION OF DISORDERS, Q: There was this earthquake, everything was shaking. He
CONFLAGRATIONS, EARTHQUAKES, OR OTHER just hid under the table. He did not leave the penal institution.
CALAMITIES (ART 158) He was so loyal to the government that he did not even think
ELEMENTS: to leave. Will he be given credit?
1. That the offender is a convict by final judgment who A:No. Under Art 158 there is no credit to be
is confined in a penal institution. given to him. Under Art 98, there is no special time
2. That there is a disorder resulting from ---- allowance of loyalty for just hiding under the table
a. Conflagration and not leaving the penal institution. (note: not
b. Earthquake applicable now. 2/5 credit is to be applied now)
c. Explosion
d. Similar catastrophe Q: Why those who are loyal to the government and did not
e. Mutiny in which he has not participated leave the penal institution be not given credit? Isnt it unfair?
3. That the offender evades the service of his A: The reason is that prisoners are considered as
sentence by leaving the penal institution where he accountabilities of the government. It is the duty of
is confined, on the occasion of such disorder or the government to protect the prisoners. In times of
during the mutiny. calamities or public disorders, the state cannot
4. That the offender fails to give himself up to the protect these prisoners therefore the State
authorities within 48 hours following the issuance of encourages them to leave in order to protect
a proclamation by the Chief Executive announcing themselves. But important thing is that they show
the passing away of such calamity. their loyalty to the government hence they will
return.
It is required under Art 158 that the prisoner is serving
his sentence in a penal institution. ARTICLE159 EVASION OF SERVICE OF SENTENCE
In this kind of evasion of service of sentence under Art BY VIOLATION OF CONDITIONAL PARDON
158, the crime will arise not upon the act of leaving the ELEMENTS:
penal institution but upon the convicts failure to 1. The offender was a convict

2. He was granted a conditional pardon by the Chief Who is a quasi-recidivist?

Executive A quasi-recidivist is any person who shall commit a
3. He violated any of the conditions of such pardon felony after having been convicted by final
judgment before serving his sentence or while
TWO KINDS OF PARDON: serving his sentence.
1. Absolute Pardon which totally extinguishes the
criminal liability Under Art 160 it is stated that the maximum penalty
2. Conditional Pardon which partially extinguishes prescribed by law shall be imposed therefore it is a
criminal liability. special aggravating circumstance.
Conditional Pardon is said to only partially Art 160 is a misplaced article because book 2 is about
extinguishes criminal liability because the said felonies and art 160 is a special aggravating
pardon is subject to strict terms and conditions. circumstance.
Therefore, there must be an acceptance in the
part of the prisoner granted pardon. The
moment he accepts the conditional pardon, it
means it is incumbent upon him to comply to
all of the strict conditions. The moment he
violate any of the terms and conditions he
commits evasion of service of sentence
because it shows that he just accepted the
conditional pardon so as to free himself from
taking place behind bars.
Is violation of conditional pardon a substantive

offense or not?
It depends. If you will look at Art 159, there are
2 situations. Under Art 159, if the penalty
remitted by the grant of pardon does not
exceed 6yrs, the moment he violates any of
the conditional pardon, there is a new penalty
imposed upon him that is prision correccional
minimum 6 months and 1 day to 2 years and 4
months. A new penalty is imposed on him
therefore in this case, violation of the
conditional pardon is a substantive offense
because a new penalty is imposed on him.
BUT on the second part of Art 159, if the
penalty remitted is more than 6 years; no new
penalty is imposed on him for having violated
the terms of the pardon. He is only required to
serve the remainder of the sentence. In this
case, violation of the conditional pardon is not
a substantive offense because there is no new
penalty imposed for the commission of the
crime.
ARTICLE160 COMMISSION OF ANOTHER CRIME

DURING SERVICE OF PENALTY IMPOSED FOR
ANOTHER PREVIOUS OFFENSE
ELEMENTS:
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.

TITLE FOUR 2. That the offender either made, imported or uttered

CRIMES AGAINST PUBLIC INTEREST (Articles 161 such coins.
189) 3. That in case of uttering such false or counterfeited
coins, he connived with the counterfeiters or
ARTICLE161 COUNTERFEITING THE GREAT SEAL importers
OF THE GOVERNMENT OF THE PHILIPPINE ISLANDS,
FORGING THE SIGNATURE OR STAMP OF THE CHIEF When is it committed?
EXECUTIVE A. Counterfeiting (imitation of false coins)
Acts punished: is committed by any person who shall imitate a
I. Forging the Great Seal of the Government of the genuine and authentic coin making it appear
Philippines. that it is a true, genuine, and authentic coin.
II. Forging the signature of the President. The offender copies the peculiar design of the
III. Forging the stamp of the President. coin and makes a spurious one out of it.
Art 161 punishes the person who forges the great seal B. Importing false coins is committed by any
of the Philippines, signature of the chief executive and person who shall bring into the Philippine ports
forging the stamp of the chief executive. any false and counterfeited coins. It is not
necessary for the offender to be liable that he
Art 161 is the crime when the person is the one who shall circulate the false coins because there is
committed the forgery, but if the offender is not the one a third act of uttering false coins.
who forges the great seal, signature but he knows that
the document contain a forge stamp, signature of the C. Uttering false coins is committed by any
President and despite such knowledge that it was a person who shall circulate, give away to
forgery he makes use of the same, liability is under 162. another, pass from one person to another any
counterfeited or false coins.
ARTICLE162 USING FORGED SIGNATURE OR
COUNTERFEIT SEAL OR STAMP (Art 162) In case of counterfeited or imitated false coins, it is not
ELEMENTS: necessary that the coins be the subject of counterfeiting
1. That the Great Seal of the Republic was must be of legal tender. Even if the coin is not a gold
counterfeited or the signature or stamp of the Chief coin, if the offender copies or imitates or counterfeits the
Executive was forged by another person. peculiar design of the said coin; he becomes liable
2. That the offender knew of the counterfeiting or under Art 163.
forgery.
3. That he used the counterfeit seal or forged
signature or stamp. ILLUSTRATION:
Q: A is in possession of a coin which was of legal tender
Art 162 punishes the person who, despite knowledge of during the time of Marcos in 1972. It was a proven genuine
the forged signature, stamp or great seal of the Republic coin. He copied the said coin and made a spurious one out
of the Philippines still he makes use of the same of it. Is he liable under Art 163?
document. A: Yes he is liable for making and importing and
uttering false coins under Article 163.
ILLUSTRATION:
Q: In an official document, the signature of the President was Q: What if while he was in possession of the said coin; he
forged by A then it was given to B. B knew that it was a took out a part of the metal content of the said coin. Can he
forgery nevertheless he made use of the same. What crime be liable for Mutilation of coins under Art 164?
was committed? A:No, he cannot because in Art 164 or mutilation
A:A committed a crime under 161. And B of coins, it is necessary that the coin subject of
committed a crime under 162. mutilation must be of legal tender. It must be in
present currency because otherwise, it cannot be
said that the public has been deceived.
ARTICLE163 MAKING AND IMPORTING AND ARTICLE164 MUTILATION OF COINS
UTTERING FALSE COINS
ELEMENTS: Acts punished:
1. That there be false or counterfeited coins

I. Mutilating coins of the legal currency, with the 2. With intent to utter, and
further requirement that there be intent to damage 3. Knowledge
or to defraud another. Under the first act, the offender is in
II. Importing or uttering such mutilated coins, with the possession of the false, mutilated,
further requirement that there must be connivance counterfeited coin. It is another person
with the mutilator or importer in case of uttering. who counterfeited the coin. The offender
is only in possession of it but in order for
Mutilation is the act of taking off a part of the metal him to be held liable; he must have the
content by filing it or substituting it for another metal of knowledge that the coin is counterfeited or
inferior quality. mutilated and despite having such
The offender gathers the metal dust that he has taken knowledge; he has the intent to utter,
off from the said coin. circulate, pass away, to give away to
While the offender took out a part of the metal coin, he another the said coin.
is in effect diminishing the intrinsic value of the said coin
therefore who would be given the said coin would be II. Actually uttering such false or mutilated coin
deceived of the this crime hence a crime in violation of knowing the same to be false or mutilated.
public interest is committed. ELEMENTS:
1. Actually uttering, and
ILLUSTRATION: 2. Knowledge.
Q: There were 3 children/adults. They were playing kara- In the second act it is the act of actually
krus. So they toss the coin, however before doing that, they circulating or uttering the counterfeited
would scratch the coin on the steel therefore the metal coin despite knowledge that it is
content of the coin is diminished. Can they be held liable counterfeited or mutilated.
under Art 164?
A: No. because there was no intent to gather the ILLUSTRATION:
metal dust of the said coin. Q: What if A is under surveillance, reports came to the police
Can they be held liable of any crime? that he had been circulating false coins. A went to the bakery
Yes. They can be held liable under PD store, he bought bread worth P 50.00. He gave the store
247 owner 5 P 10.00 counterfeited coins. Thereafter, after giving
the counterfeited coins, he immediately left. The police
PD 247 punishes any person who willfully or knowingly arrived and A was gone and it was the owner of the store
defaces, mutilates, tears, burns or destroys any who is left. The police officer asked the owner of the store to
currency notes or coins issued by the open the cash bin. There they saw the 5 P 10.00 coins which
BangkoSentralngPilipinas. were counterfeited. They arrested the owner of the store. Is
In case of violation of PD 247 it is not required that there the owner of the store liable under Art 165?
is intent to mutilate on the part of the offender. It is not A:No he is not liable of selling of false coins or
required that the offender has the intent to gather the mutilated coins, without connivance under Article 165.
metal dust of the coin although these are required under First, he was caught in possession.
Art 164. Was there possession?
Yes. The counterfeited coins were found
Q: In a P 1000.00 bill, a person put his cell phone no. on it. in his cash drawer. Possession does not
Is he liable under PD 247? only mean physical or actual possession.
A: Yes he is liable under PD 247. Possession means constructive
possession which means that the
But PD 247 is akin to a dead law because no one has counterfeited or mutilated coins are in his
been prosecuted by it. control and custody. Therefore the first
element of possession is present.
ARTICLE165 SELLING OF FALSE OR MUTILATED
COIN, WITHOUT CONNIVANCE Was there intent to utter the counterfeited coins on
Acts punished: the part of the said owner?
I. Possession of coin, counterfeited or mutilated by Yes. The fact that he placed it in the cash
another person, with intent to utter the same, drawer means he can use it to buy another
knowing that it is false or mutilated. thing or as a change to the people who will
ELEMENTS: buy from his bakery therefore circulation
1. Possession, has a way from one person to another.

Therefore the second element is also a. Using any of such forged or falsified
present. instruments; or
b. Possessing with intent to use any of
How about the third element of knowledge on his such forged or falsified instruments.
part the coin was counterfeited?
The third element is absent evidently An instrument is payable to bearer when it can be
based on the facts that the store owner transferred by mere delivery.
has no knowledge that the coins are e.g. Check payable to cash. Whoever is in
counterfeited. In fact he gave bread worth possession of the said check can come to
P 50.00. He was also deceived. If he had the bank. It can be transferred by mere
only known that the coins were delivery.
counterfeited, he would not have given
bread worth P 50.00. On the other hand a check is payable to order where it
Therefore, he may not be held liable can be transferred by mere delivery when there is an
because also he is in possession, and he endorsement coming from the person named or
has the intent to utter the coins; he does specified therein. It is an instrument payable to the order
not have the knowledge that the said of a specific person or his order.
coins were counterfeited. e.g. Payable to the order of Charmaine.
This cannot be transferred from one
ARTICLE166 FORGING TREASURY OR BANK NOTES person to another without an order coming
OR OTHER DOCUMENTS PAYABLE TO BEARER; from Charmaine.
IMPORTING, AND UTTERING SUCH FALSE OR FORGED
NOTES AND DOCUMENTS ARTICLE169 HOW FORGERY IS COMMITTED (Art 169)
Acts punished: 1. By giving to a treasury or bank note or any
I. Forging or falsification of treasury or bank instrument payable to bearer or to order
notes or other documents payable to bearer. mentioned therein, the appearance of a true
II. Importation of such false or forged obligations and genuine document.
or notes. 2. By erasing, substituting, counterfeiting, or
III. Uttering of such false or forged obligations or altering by any means the figures, letters,
notes in connivance with the forgers or words, or sign contained therein.
importers.
If what has been falsified is a coin; you call it
ARTICLE167 COUNTERFEITING, IMPORTING, AND counterfeiting.
UTTERING INSTRUMENTS NOT PAYABLE TO BEARER If it is the stamp, seal or signature of the President;
ELEMENTS: you call it forging.
1. That there be an instrument payable to order If it is treasury or bank notes; it is considered as
or other document of credit not payable to forging.
bearer. It is a document; you call it falsification.
2. That the offender either forged, imported or
uttered such instrument. FALSIFICATION (ART 170, 171, 172)
3. That in case of uttering, he connived with the In case of FALSIFICATION, to amount to falsification, it
forger or importer. is necessary that the writing that is falsified must be a
document in a legal sense of the word capable of
making rights and/or extinguishing an obligation.
ARTICLE168 ILLEGAL POSSESSION AND USE OF
Therefore, it must be complete in itself so that it would
FALSE TREASURY OR BANK NOTES AND OTHER be sufficient in evidence.
INSTRUMENTS OF CREDIT Falsification of mere forms does not amount to
ELEMENTS: falsification of a public document. Because the said
1. That any treasury or bank note or certificate or form is not yet complete in itself it has no name, no
other obligation and security payable to address an unfilled-out/up form. It is not falsification.
bearer, or any instrument payable to order or
ILLUSTRATION:
other document of credit not payable to bearer
Q: So what if A was found outside the building of the LTO
is forged or falsified by another person. office. He was carrying falsified unfilled-out/up forms of
2. That the offender knows that any of those drivers license. It was distinct, it was falsified, it was not the
instruments is forged or falsified. real drivers license form. He was arrested by the NBI. Can
3. That he performs any of these acts ---- he be held liable for falsification of a public document?

It is necessary to distinguish the kind of document that

A: NO. Because what he is carrying is only an is being falsified - whether it is a public, official,
unfilled-out form. It is not yet complete in itself. It is commercial or private because of the different effects.
not yet capable of creating rights or extinguishing
an obligation. It is not yet susceptible of evidence If what has been falsified is a PUBLIC, OFFICIAL OR
of the facts stated thereon. COMMERCIAL DOCUMENT, damage or intent to
cause damage to the offended party or to any other
Q: So what crime if any was committed by A? person is not an element.
A: A merely committed violation of Article 176 that On the other hand, if what has been falsified is a
is mere possession of instrument or implements for PRIVATE DOCUMENT, for the crime to arise, it is
falsification, but not yet falsification of a public necessary that there must be damage or at least, intent
document. to cause damage to the private offended party or to any
other party.
If what has been falsified is a PUBLIC OR OFFICIAL
There 4 types of documents which may be falsified: DOCUMENT, it is not necessary that there be damage
1. PUBLIC DOCUMENT a document which is or intent to cause damage. Because a public document
issued by a notary public or competent public an official document - is presumed authentic and legal.
official with the solemnities required by law It is presumed to be prima facie evidence of the facts
stated therein. As such, the moment it is
2. OFFICIAL DOCUMENT a document issued by a falsified, the crime will immediately arise, without need
public official in the exercise of his official functions that there be damage on the part of the offended party.
Because in Falsification of a Public Document, what has
3. COMMERCIAL DOCUMENT any document been violated is the PERVERSION OF TRUTH being
defined and regulated by the Code of Commerce or solemnly proclaimed by the said document. Hence
any other mercantile law DAMAGE IS NOT AN ELEMENT.
4. PRIVATE DOCUMENT a document, a deed or ARTICLE171 FALSIFICATION BY PUBLIC OFFICER,

instrument executed by a private person without EMPLOYEE OR NOTARY OR ECCLESIASTICAL
the intervention of the notary public of any other MINISTER
person legally authorized, by which document The first kind of falsification under Article 171, we have
some disposition or agreement is proved, the falsification committed by a public officer, employee
evidenced or set forth
or notary public or an ecclesiastical minister.
Is a public document distinct from an official ELEMENTS:
document? 1. The offender is a public officer, employee, notary
public or an ecclesiastical minister.
All official documents are considered as
public documents, but not all public 2. He takes advantage of his official position.
documents are considered official The offender is said to have taken
documents. Before a public document may be advantage of his position or office when:
considered as an official document, it is a. He has the duty to make or prepare
necessary that it shall be issued by a public or to otherwise intervene in the
officer in the exercise of his official functions. preparation of the document; or
There is a law that requires a public officer to b. He has the official custody of the
issue the said public document, then it document which he falsifies
becomes an official document.
3. That the said offender falsifies a document by
A PRIVATE DOCUMENT, one which has been committing any of the following modes stated
executed by a private person, if there is no intervention therein:
of public official. a. By counterfeiting or imitating any
handwriting, signature or rubric.
A PRIVATE DOCUMENT however, even though b. Causing it to appear that persons
executed by a private person without the intervention of have participated in any act or
a notary public or a legally authorized person, can also proceeding when they did not in fact
become a public document. That is when the said so participate.
private document is submitted to the public officer and it c. Attributing to persons who have
becomes part of the public records. The moment the participated in an act or proceeding
said private document becomes part of the public statement other than those in fact
records, it is now a public document and when it is made by them
issued and it is falsified, what is falsified is a public d. Making untruthful statements in a
document and no more a private document. narration of facts
e. Altering true dates

f. Making any alteration or intercalation in Art. 171 is a public official or official

in a genuine document which document.
changes its meaning
g. Issuing in authenticated form a Art. 171 provides for the DIFFERENT ACTS OF
document purporting to be a copy of FALSIFICATION. These acts of falsification are also
any original document when no such applicable in Art. 172:
original exists or including in such a I. BY COUNTERFEITING OR IMITATING ANY
copy a statement contrary to or HANDWRITING, SIGNATURE OR RUBRIC.
different from that of the genuine So what is COUNTERFEITING?
original The offender is said to have counterfeited
h. Intercalating any instrument or note a signature, handwriting or rubric if he has
relative to the issuance thereof in a imitated an official handwriting, signature
protocol, registry or official book. or rubric.
So there is an original handwriting or
4. In case the offender is an ecclesiastical minister, signature and the offender imitiated or
the act of falsification is committed with respect to copied the said original handwriting or
any record or document of such character that the signature.
falsification may affect the civil status of persons.
Is COUNTERFEITING the same as
EXPLANATIONS: FEIGNING?
1. The offender is a public officer, employee, notary Feigning a handwriting, signature or rubric
public or an ecclesiastical minister. is NOT THE SAME as counterfeiting.
If the offender is an ecclesiastical minister, When you say FEIGNING, it means
for him to be liable under Article 171, it is simulating a handwriting, signature or
necessary that the document that he rubric. That is, making a handwriting,
falsifies must affect the civil status of a signature or rubric out of nothing which
person. does not exist. It is an imaginable, an
If the document falsified by an inexistent handwriting, signature or rubric.
ecclesiastical minister will not affect the
civil status of a person, he is still liable for II. CAUSING IT TO APPEAR THAT PERSONS HAVE
falsification, but not under Art. 171, rather PARTICIPATED IN ANY ACT OR PROCEEDING
under Art. 172. WHEN THEY DID NOT IN FACT SO PARTICIPATE.
So, a priest falsified the communion
certificates of one of the students/pupils Q: What if a notary public issued, he prepared or issued an
receiving the first communion, the crime extrajudicial settlement of an estate. In the said extrajudicial
committed is falsification under Art. 172, settlement of an estate, it is stated that all the heirs of a
not under Art. 171 because a certificate of certain decedent can already agree by themselves to
communion will not affect the civil status partition the property. So it is an extrajudicial settlement of
of the said child. an estate and in it, the notary public made it appear that all
the 12 heirs of the decedent had participated, but un truth
2. He takes advantage of his official position. and in fact, two of the heirs where in another country and
It requires that the offender takes they did not participate in the execution of this extrajudicial
advantage of his official position. settlement of the estate. Is the notary public liable?
The offender is said to have taken A: YES. The notary public is LIABLE under the
advantage of his position or office when: second act (causing it to appear that persons
a. He has the duty to make or prepare have participated in any act or proceeding
or to otherwise intervene in the when they did not in fact so participate).He
preparation of the document; or caused it to appear that A and B participated in the
b. He has the official custody of the execution of the extrajudicial settlement of the
document which he falsifies estate, when they did not in fact so participate.
3. That the said offender falsifies a document by III. ATTRIBUTING TO PERSONS WHO HAVE
committing any of the following modes stated PARTICIPATED IN AN ACT OR PROCEEDING
therein: STATEMENT OTHER THAN THOSE IN FACT MADE
If you will look at Art. 171, it does not state BY THEM
the kind of document that has been So under the third act, persons participated in
falsified, it may not be stated because it an act or proceeding, they made statements
necessarily follows that the document therein, however, the offender in a document
falsified is a public or official document may appear that these persons have made
because the offender is public officer or certain statements which were not in fact made
employee or notary public. Therefore by them.
necessarily, the document being falsified

Q: So what if in the Sangguniang Panglungsod, an document. Since it is a residence certificate or

ordinance was being passed. There was a votation, majority cedula, it is inherent that in this document, nothing
of the councilors voted, two of the councilors dissented and but the truth must be stated no falsity. Because it
their vote were NO. They just stated that they were voting in requires identification.
the negative, but, they did not give any explanation for their
dissent or the vote of NO. However, in the minutes appeared V. ALTERING TRUE DATES
by the Sangguniang Secretary, the latter made it appear that It is necessary that what has been altered must
the two councilors made statements that they voted NO be a true date and in the alteration of the said
because the said ordinance is contrary to law. Is the said true date, the document will no longer have
secretary liable for falsification? any effect.
A: YES. He is a public officer. He is the one who VI. MAKING ANY ALTERATION OR INTERCALATION IN
prepared the minutes for the A GENUINE DOCUMENT WHICH CHANGES ITS
SangguniangPanglungsod and he made it appear MEANING
that the 2 councilors stated that the said ordinance 2 ACTS:
is contrary to law and in truth and fact, they did not i. The offender makes an alteration
made those statements. So the said secretary is ii. The offender makes an intercalation in a
liable for falsification.
genuine document which changes its
meaning
IV. MAKING UNTRUTHFUL STATEMENTS IN A
NARRATION OF FACTS ALTERATION changes in a document
The evidence of this act of falsification INTERCALATION there must be some
requires: insertion made in the said document, in a
i. That the offender makes in a document genuine document that changed the meaning
untruthful statement in a narration of of the said document
facts;
ii. That he has legal obligation to disclose
VII. ISSUING IN AUTHENTICATED FORM A DOCUMENT
the truth of the facts narrated by him
PURPORTING TO BE A COPY OF ANY ORIGINAL
iii. The facts narrated by the offender are
DOCUMENT WHEN NO SUCH ORIGINAL EXISTS OR
absolutely false
INCLUDING IN SUCH A COPY A STATEMENT
iv. The untruthful narration must be such
CONTRARY TO OR DIFFERENT FROM THAT OF
as to effect the integrity of the document
THE GENUINE ORIGINAL
and that the offender does so with the
2 ACTS PUNISHED:
intent to injure or prejudice another
1. The offender issued in an authenticated
person
form a document purporting to be an
authenticated copy of an original document,
It is necessary that the intention of the intention
but no such original exists
of the offender must be to INJURE ANOTHER
2. By including such copy a statement contrary
PERSON.
to or different from a genuine original
In case of making false statements in a
narration of facts, it is necessary that the
ILLUSTRATION:
offender must have the legal obligation to
Q: What if a notary public issued a deed of absolute sale and
disclose the truth in the said narration of facts.
he said that it is an original copy of a deed of absolute sale
Absence of such legal obligation, then it
between A and B. A selling his property to B, but in truth and
cannot be said that he is liable for falsification.
in fact, no such deed of absolute sale was executed between
When you say legal obligation, there is a law
A and B. Is the notary public liable?
which requires him to state nothing but the
A: YES. He is liable under the first act of
truth in the said document.
falsification in the seventh act of the 3rd element in
Art. 171.
Q: So what if the offender, a public officer, falsified the
statement in his residence certificate or community tax
Q: What if a civil registrar issued a certificate of live birth. So
certificate. Although he stated his true name, he did not state
here comes A. A was asking that he should be given a
his address, citizenship, etc. So makes false statement of
certified copy of a certificate of live birth. In the said
facts in his residence certificate or community tax certificate,
certificate of live birth issued by the said civil registrar, there
otherwise known as cedula. So he was charged with
was a statement that A was an illegitimate child, but in the
falsification. He contended that there is no law which
original copy of the certificate of live birth submitted to the
requires him to state the truth in his residence certificate. Is
office of the Office of the Civil Registrar, there was no such
his contention correct?
statement. Is the civil registrar liable?
A: His contention is wrong. According to a ruling in
the Supreme Court, if it is a residence certificate or
A: YES. He is liable under the second act of
community tax certificate, there need not be a law
falsification in the seventh act of the 3rd element in
which requires a person to state the truth in the said
Art. 171. Because he included in the said copy a
residence certificate, it is inherent in the kind of

statement contrary to or different from that of a II. Falsifying wireless, telegraph or telephone
genuine original. message
III. Using such falsified message
VIII. INTERCALATING ANY INSTRUMENT OR NOTE If the act punished is UTTERING FICTITIOUS,
RELATIVE TO THE ISSUANCE THEREOF IN A WIRELESS, TELEGRAPH OR TELEPHONE
PROTOCOL, REGISTRY OR OFFICIAL BOOK. MESSAGES and FALSIFYING WIRELESS,
INTERCALATION making any insertion in TELEGRAPH OR TELEPHONE MESSAGES, note that
any instrument or note these can only be committed by a person working in a
department, agency or corporation which is engaged in
So these acts, under ARTICLE 171, are also the very a business of receiving and sending wireless, telegraph
same acts punished under Art. 172. and telephone messages.
Under the third act USING FALSIFIED WIRELESS,
ARTICLE172 FALSIFICATION BY PRIVATE TELEGRAPH OR TELEPHONE MESSAGES, this time,
INDIVIDUALS AND USE OF FALSIFIED DOCUMENTS it can be committed by any person.
THREE PUNISHABLE ACTS/FELONIES?
Articles 174 and 175 refer to the persons who shall be
I. Falsification of a public, official or commercial criminally liable in case of falsified document.
document by a private individual
So in case of FALSIFICATION OF A PUBLIC, ARTICLE174 FALSE MEDICAL CERTIFICATES, FALSE
OFFICIAL OR COMMERCIAL DOCUMENT CERTIFICATES OF MERIT OR SERVICE, ETC
by a PRIVATE INDIVIDUAL, is just the same Under Art. 174, if the offender is a PHYSICIAN OR
as ARTICLE 171 they only differ in that in Art. SURGEON who issues a false medical certificate in the
171, the offender is a public officer or practice of his profession, he becomes liable under Art.
employee. 174.
In ARTICLE 172, yes, the document falsified is Likewise, Art. 174 punishes a PUBLIC OFFICER who
a public, official or commercial document, but, issues a false certificate of merit, service or good
the offender is a private individual even if the conduct, moral character, etc.
offender is a private individual, since the And, under Art. 174, ANY PRIVATE INDIVIDUAL who
document falsified is a public, official or falsifies a medical certificate or certificate of merit or
commercial document, DAMAGE OR INTENT service or good conduct shall be also criminally liable.
TO CAUSE DAMAGE IS NOT AN ELEMENT. The offender is the person who falsifies, issues the false
medical certificate or certificate or merit.
II. Falsification of private document by any person If the offender is not the falsifier, but he knows that the
The document falsified is a PRIVATE said document is falsified and he makes use of the
DOCUMENT. The offender is any person. He same, his liability is under Art. 175.
can be a private individual, he can be a private
officer or employee for as long as the ARTICLE175 USING FALSE CERTIFICATE
document falsified is a private document, it Under Art. 175, the offender knows that the medical
necessary that there must be damage caused certificate or certificate of merit has been falsified and
to a third person or at least the intention of the despite that knowledge, he makes use of the same.
offender is to CAUSE DAMAGE.
Absence of damage or intent to cause ILLUSTRATION:
damage, then falsification of a private Q: So what if the defense counsel is about to present his
document will not arise. witness. The witness is a person who was present in the
scene of the crime who actually saw the incident that is
III. Use of falsified document according to the defense counsel. However, on the date of
A document has been falsified and the the said hearing, the said witness failed to appear, the
offender uses the said document. defense counsel said to the judge: Your Honor, my witness
If the falsified document is used in a JUDICIAL is in the hospital, he cannot even get out of bed. He is very,
PROCEEDING, again, DAMAGE or INTENT very sick. The judge, however, was doubtful of the said
TO CAUSE DAMAGE is NOT AN ELEMENT manifestation of the defense counsel and so the judge told
because it is a judicial proceeding. the defense counsel: Okay, let him appear in the next
But if the said falsified document is used in any hearing and make sure that he brings with him a medical
other transaction, this time, damage or intent certificate to show that indeed he can testify in this hearing.
to cause damage is an ELEMENT. With that, the defense counsel informed the witness of the
said order of the court. The said witness was in that time,
ARTICLE173 FALSIFICATION OF WIRELESS healthy, it is just that he was too afraid to testify. However,
TELEGRAPH AND TELEPHONE MESSAGES in the next hearing, he is deemed required to produce a
Punishable acts medical certificate showing that he was bedridden. And so,
I. Uttering fictitious, wireless, telegraph or he went to his medical doctor. He asked the doctor to issue
telephone message a medical certificate saying that he was very, very sick and
that he could not get out of bed on the said date. The said

doctor issued the said medical certificate and then his It is necessary that the offender performs an act.
witness appeared on the second hearing and presented him Mere representation will not suffice. It is
to the court. It was submitted to the records of the court. necessary that he performs an act pertaining
What crime or crimes is/are committed by doctor or the
to a person in authority or a public officer of any
physician as well as by the witness?
department or agency of the Philippine
A: The PHYSICIAN is liable under Art. 174. He government or of a foreign government.
issues a false medical certificate in the exercise or In usurpation of official functions, it is necessary
in the practice of his profession. that the act pertaining to a person in authority
On the other hand, the WITNESS, despite or a public officer must be under pretense of
knowledge that it is a falsified medical certificate, official position and without being lawfully
still made use of the same and he presented and
entitled to do so.
submitted it to the court.
ARTICLE176 MANUFACTURING AND POSSESSION ILLUSTRATION:

OF INSTRUMENTS OR IMPLEMENTS FOR Q: What if an administrative case was filed against the
FALSIFICATION mayor before the Office of the Ombudsman. During the
This is the felony that is if a person was found in investigation of the case, the Ombudsman preventively
possession of unfilled-out forms of drivers license, he suspended the mayor for a period of six months. The DILG
can be held liable for falsification of a public document
implemented the suspension order and the vice-mayor was
and liable only in Article 176.
Under Art. 176, what was being punished are: made the acting mayor. However, upon advice of his
1. Making or introducing into the Philippines any counsel, the suspended mayor began working, began
stamps, dies, marks or other instruments or performing the acts of being a mayor after 90 days of
implements for counterfeiting or falsification. preventive suspension. That is because according to his
2. Possessing with intent to use the instrument or counsel, he can only be suspended for a period of 90 days.
implements for counterfeiting or falsification made
So on the 91st day of his suspension, he again began
in or introduced into the Philippines by another
person. assuming the function of a mayor. He signed documents, he
issued memorandum, etc. as the city mayor. Is he liable
ARTICLE177 USURPATION OF AUTHORITY OR under Article 177 for usurpation of official function?
OFFICIAL FUNCTIONS A: Yes, he is liable for usurpation of official
I. Usurpation of authority is committed when a person function under Article 177. The reason is that he
knowingly and falsely represents himself to be an is still under preventive suspension. Unless and
officer or agent of any department of the Philippine until it is lifted by the Ombudsman and the said
government or agency thereof or of a foreign lifting was implemented by the DILG, he remains to
government. be a suspended mayor. And for having acted, for
The crime will immediately arise from the mere having performing an act pertaining to the office of
act of person of knowingly and falsely a mayor, he is said to be committed a violation of
representing himself to be an officer or agent Article 177, usurpation of official function.
of any department or agency of the Philippines
or of a foreign country. It is not necessary for Q: What if there was heavy traffic. So there was no MMDA
the offender to commit any act, to perform any officer or policeman manning the traffic. One of the owners
act. It suffices that he falsely represents of the vehicle caught in the traffic alighted from the vehicle
himself to be an officer or agent of the and he manned the traffic to ease the flow of the traffic. The
Philippine government. The crime will said man performed an act pertaining to an officer of the
immediately arise. However, the said false MMDA, pertaining to a traffic enforcer. Is the said man liable
representation, aside from being done for usurpation of official function?
knowingly, must be such that he intended to be A: NO. While the man performed however he did
known by such other person or by public as a not do so under pretense of official position and
representative or agent of Philippine without being lawfully entitled to do so. There was
government. no intent on his part to falsely represent himself as
to be in that position. There was no false pretense
II. There is usurpation of official function if any person of official position therefore he cannot be held liable
performs an act pertaining to a person in authority under Article 177 or usurpation of official function
or a public officer of the Philippine Government or because his act was only done out of pacific
of a foreign government or agency thereof, under (promote peace; to end a conflict) spirit to help ease
pretense of official position, and without being the said traffic.
lawfully entitled to do so.

ARTICLE178 USING FICTITIOUS NAME AND practice, no person can use any name other than
CONCEALING TRUE NAME his name by which he is registered at birth at the
Punishes two acts: local civil registrar or by which he is registered by
I. USING FICTITIOUS NAME the Bureau of Immigration upon his entry into the
Committed by any person who shall use a Philippines, in case of an alien.
name other than his real name publicly for The use of any other name must only be upon
concealing a crime, or evade the approval by the judicial or competent authority.
execution of a judgment, or to cause Therefore, no person can use any other name other
damage to public interest. than the name by which he is baptized at the office
ELEMENTS: of the civil registrar in your place other than the
1. The offender uses a name other than his name by which he is recorded in Bureau of
real name Immigration, if case he is a foreigner coming here
2. That he uses that fictitious name publicly in the Philippines. He can only use his name.
3. That the purpose of the offender is either: EXCEPT if he is an actor, if he is an athlete, then
a. to conceal a crime; or he is allowed to use a pseudonym. When he is a
b. to evade execution of a judgment; or writer of a book, then he is allowed to use a
c. to cause damage to public interest. pseudonym, a pen name other than his real name
II. CONCEALING TRUE NAME because it is a normal practice OR if he files the use
ELEMENTS: of a substitute name before the court and he is
1. The offender conceals allowed by judicial or competent authority to use
a. his true name; AND any other name, then he can also use another
b. all other personal circumstances name. But outside these, a person can only use
2. That the purpose is only to conceal his the name by which he is registered at the office of
identity civil registrar.
HOW WOULD YOU DISTINGUISH IF THE CRIME CESARIO URSUA v. CA

COMMITTED IS USING FICTITIOUS NAME OR The said accused made use of a different name. he
CONCEALING TRUE NAME? used the name of Oscar Perez in the office of the
In case of using fictitious name, the use of a name Ombudsman as he was trying to get a copy of the
other than his real name, is done publicly. There is complaint filed against him. It was however
the element of publicity. Whereas, in case of discovered that a case of violation of CA 142 was
concealing true name, it is not necessary that the filed against him.
use of another name, concealing his true and real The SC held that he is not criminally liable. The SC
name must be done publicly. acquitted the accused because according to the
Using fictitious name and concealing true name SC, the use of the name Oscar Perez in an isolated
differ in purposes. In case of using fictitious name, transaction, without any showing, absent an
the purpose is to conceal a crime, evade the evidence that henceforth he wanted to be known by
execution of judgment or to cause damage to public the name of Oscar Perez in not within the
interest. On the other hand, in concealing true prohibition of CA 142 as amended. There was no
name, the only purpose of the offender is to conceal evidence that showed that henceforth he wanted to
his true and real identity. be known by that name. There was no showing that
henceforth, he wanted to be called by the said
ANTI-ALIAS LAW (C.A. No. 142, as amended) name therefore it cannot be said that Oscar Perez
SO RELATED IN ARTICLE 178 IS C.A. 142 AS AMENDED is an alias of the accused.
What is an alias? What does C.A. 142, as amended, or
the Anti-Alias Law provide? PEOPLE v. ESTRADA
According to the SC, an alias is a name or names In this case, the former president made use of the
use intended to be used by a person publicly and name Jose Velarde in signing a trust account. So
habitually, usually in business transaction other he signed a trust account, using the name Jose
than the name registered at birth for the first time Velarde and so he was charged with violation of CA
before the local civil registrar. 142 as amended.
Under C.A. 142 as amended, except as Again, the SC said, the use by Erap of the name
pseudonym, in literary, cinema, television, radio Jose Velarde in a single, isolated transcation,
and other entertainment purposes, and in athletic without any showing that henceforth he wanted to
events wherein the use of a pseudonym is a normal be known by such name, is not within the

prohibition of CA 142 as amended. First, it was not Committed by any person who makes use of any
done publicly and was in fact done secretly in the insignia, uniform or dress which pertains to an
presence of Laquian and Chua and the said act of office not being held by the offender or to a class of
signing does not make it public because these two person of which he is not a member and he makes
are his close friends therefore it was done secretly, use of such insignia, uniform or dress publicly and
in a discreet manner. Hence, it was not done improperly.
publicly. It was also not done habitually. The ELEMENTS:
element of habituality is not present because there 1. The offender makes use of INSIGNIA,
was no showing that in any other transaction, he UNIFORM or DRESS
made use of the name Jose Velarde. Hence, he 2. That the insignia, uniform or dress pertains to an
was also acquitted although convicted by office not being held by the offender or to a class of
Sandiganbayan, he was acquitted by the SC. person of which he is not a member.
3. That the said insignia, uniform or dress is used
Q: What if a lawyer was having a massage in a sauna bath publicly and improperly.
parlor. He did not know that as a front it is a sauna bath parlor The offender uses the insignia, uniform or dress of an
but in truth and in fact, it was a prostitution den. At the time office not held by him or a by a class of person of which
that he was having this massage service, the police raided he is not a member and he used the same publicly and
the place because they were able to secure a search improperly.
warrant. And among those arrested was the said attorney.
The said attorney was brought to the PNP station and he ILLUSTRATION:
was asked of his name, ashamed to reveal his true identity, Q: What if a person was wearing a uniform. So he said that
his true name, he said that he was Y and did not state that it was a uniform of a certain organization known as H world
he was Atty. X. However, when he was asked his residence, but in fact, no such organization ever existed. Is he liable
he stated the truth. As of the name of his wife, he stated the under Article 179?
truth. As of the name of his children, he stated the truth. Is A: No, he is not liable of Illegal use of insignia,
he liable for using fictitious name? uniform or dress Article 179. The reason is that
A: He is not liable for using fictitious name. H world does not belong to any office, doesnt refer
First, he did not do so publicly. Second, his use of to a class of persons; therefore, he is not liable
the name was not done to conceal a crime, to under Article 179.
evade the execution of sentence or to cause
damage to public interestnone of these purposes Q: What if a person made use of a uniform of a prisoner. So
is present; therefore he is not liable for using you see a person, he was receiving a holy communion, he
fictitious name. was wearing an orange t-shirt with a big letter P at the back
Is he liable for concealing true name? which means Prisoner. Can he be held liable under Article
No, he is not liable for concealing true 179?
name. Although he concealed his real name, A: He is not liable of Illegal use of insignia,
Atty. X, he did not conceal his other personal uniform or dress under Article 179. Although he used the
circumstances. He divulged his address. He uniform of a prisoner, it is not an office held by the offender,
divulged the name of his wife, the names of it is not also a class of persons. When you say a class of
his children; therefore, it cannot be said that persons of which he is a member, it refers to a dignified class
he has the intention to conceal his true of persons. He is assuming that he belongs to the said class
identity. In fact, his true identity can easily be of persons. Here, he is even belittling himself because he
verified just by going to the said address; was wearing a uniform of a prisoner. Hence, it cannot be said
therefore he is not also liable for concealing that he violated Article 179.
true name.
Is he liable under CA 142, as amended? FALSE TESTIMONY (ART 180, 181, 182)
He is also not liable under CA 142, as False testimony can either be false testimony in
amended, because the use of the name Y in criminal cases (Articles 180 and 181), false
a single transaction, in a single isolated testimony in civil cases (Article 182) and false
transaction, without any showing that testimony in other cases.
henceforth he wanted to be known as Y is not False testimony in criminal cases can either be: (1)
within the prohibition of CA 142, as amended. false testimony against a defendant (Article 180)
and (2) false testimony favorable to defendant
ARTICLE179 ILLEGAL USE OF UNIFORMS AND (Article 181).
INSIGNIA

ARTICLE180 FALSE TESTIMONY AGAINST A

DEFENDANT Q: What if in the same case, A was being prosecuted for
In a criminal proceeding, the offender-witness homicide. Then the prosecution presented the witness. The
testified falsely against a defendant knowing that witness testified falsely against the defendant saying that he
his testimony is false and then the said defendant saw the actual act of killing. After trial on the merits, the judge
is either acquitted or convicted. convicted the accused, the judge believed the false
testimony and so the judge convicted him. Upon conviction,
ELEMENTS: within 15 days from the promulgation of judgment, the said
1. That there be a criminal proceeding accused, the said convict, filed an appeal before the CA.
2. That the offender testifies falsely under oath While the case was pending before the CA, can the said
against the defendant therein. accused, the convicted person, already file a case of false
3. That the offender who gives false testimony testimony against the false witness who testified against
knows that it is false. him?
4. That the defendant against whom the false A:Not yet. Any case would still be a premature
testimony is given is either acquitted or case. In fact, you would not know what court will
convicted in a final judgment. (People v. have jurisdiction. You would not know if the court
Maneja) that will have jurisdiction over the false testimony is
the RTC or the MTC because the penalty to be
ARTICLE181 FALSE TESTIMONY FAVORABLE TO imposed on the false witness is always dependent
DEFENDANT on the penalty imposed on the convict.
In a criminal proceeding, the offender-witness Under Article 180, if the defendant has been
testified falsely in favor of the defendant and he convicted and the penalty imposed is capital
knew that his testimony is indeed false. punishment or death then the false witness shall be
imposed with a penalty of reclusion temporal. If the
Whether it be a false testimony against or false defendant, upon conviction is imposed with a
testimony in favor of a defendant, it is immaterial penalty of reclusion perpetua and reclusion
whether the court will consider or not the said false temporal, the penalty will be imposed on the false
testimony. The case may be filed. witness is prision mayor. If the said defendant is
convicted and the penalty imposed on him is any
ILLUSTRATION: other afflictive penalty, the penalty to be imposed
Q: What if A is being prosecuted for the crime of homicide, on the false witness is prision correcional. On the
for having killed the victim. So while he is being prosecuted, other hand, if the penalty imposed on the said
the fiscal presented a witness. This witness was also brought defendant is prision correcional, arresto mayor, fine
in by the heirs of the victim. The heirs of the victim said that or he was acquitted. If he was acquitted, the penalty
the witness saw the said act of killing. The fiscal believed to be imposed on the said person who testified
and the fiscal presented the said witness. The witness falsely is arresto mayor.
however was not present at the scene of the crime but in his So in this case, the penalty on the false witness is
testimony the witness said that he was present at the scene always dependent on the penalty to be imposed by
of the crime and that he actually saw the accused stabbing the court on the defendant; therefore, there must
the victim to death. The accused, A knew that the witness first be a final conviction by final judgment.
was testifying falsely because he knew that at the scene of NOTE: if it is an acquittal, the case can be
the crime, it was only he and the victim who were present. immediately filed because an acquittal is
After trial on the merits, the judge, acquitted the said immediately executory. You cannot appeal an
accused A. In other words, the judge did not give weight to acquittal. It is immediately executory.
the testimony of the false witness. Can A still file a case
against the false witness? (IN FAVOR)
A:Yes, A can still file a case of false testimony Q: So the case was filed against A for homicide, here comes
against the false witness. He can still file a case a witness, the witness testified falsely in favor of the
of false testimony against the said false witness accused. Can the private complainant, the heirs of the victim,
even of the court did not consider the said false immediately file a case of false testimony against the witness
testimony. Even if the court did not give any merit right after the giving thereof?
on the said false testimony and acquitted him. The A: Yes, because in case of false testimony in favor
crime will arise the moment the said offender of the defendant, the penalty of the false witness is
testified falsely in open court whether in favor or not dependent on the penalty to be imposed on the
against a defendant. said accused or defendant.

If the person who received the oath is not

ARTICLE182 FALSE TESTIMONY IN CIVIL CASES duly authorized, it cannot be said that
Right after the giving of the false testimony, the there is a violation of the solemnity of the
private complainant or the aggrieved party, can oath.
immediately file a case against the false witness
who testified in favor of the defendant. 3. That in the said statement or affidavit, the
ELEMENTS: offender makes a willful and deliberate
1. The testimony must be given in a civil case assertion of falsehood
2. The testimony must relate to the issues It is necessary for perjury to arise that the
presented in said case (relative or pertinent) offender deliberately, knowingly
3. The testimony must be false ascertained a falsehood. There was a
4. The false testimony must be given by the deliberate intent on his part; therefore,
defendant knowing the same to be false. good faith is a defense in perjury.
5. The testimony must be malicious and given with Perjury likewise cannot be committed out
intent to affect the issues presented in the said of mere negligence. It is necessary that
case (U.S. v. Aragon) there must be a deliberate intent on his
In case of false testimony in a civil case, right after part to assert a falsity either in the
the giving of the false testimony, the false witness statement or affidavit.
can be immediately prosecuted in court.
In order to amount in false testimony in civil cases, 4. The said statement or affidavit containing
there must be litigation. Take for example a sum of falsity is required by law.
money, breach of contract. If the false testimony is If it is not required by law then it cannot be
given in a special proceeding, for example, considered as a crime.
petition for nullity of marriage, petition for
separation, petition for habeas corpus, these are ILLUSTRATION:
special proceedings and a false testimony of a Q: What if X made a false statement in a criminal
person who testified falsely during this special proceeding, what crime is committed?
proceeding, the case is under Article 183, false A: The crime committed is FALSE TESTIMONY.
testimony in other proceedings.
Q: A makes a statement in a labor case against B. What
ARTICLE183 PERJURY crime is committed?
PERJURY is the willful and deliberate assertion of A: The crime committed is PERJURY.
falsehood on a material matter made before an officer If the false statement under oath is made in a judicial
duly authorized to receive and administer oath. proceeding whether it be a criminal or civil proceeding,
ELEMENTS: the crime committed is FALSE TESTIMONY. If the said
1. The accused made a statement under oath or false statement, however, is made in a non-judicial
executed an affidavit upon a material matter proceeding, administrative proceedings, or quasi-
There are two ways of committing perjury: judicial proceedings, then the crime committed is
The offender either: PERJURY. So if the false testimony or the false
1. Makes a statement under oath statement is made in a labor case, in an administrative
(he makes a false testimony); or case, in an application for search warrant, during the
2. Executes an affidavit on a preliminary investigation, before the fiscals office, the
material matter (if it is an crime committed is perjury.
affidavit, it is also required
under oath) Q: What if the offender makes false narration of facts in a
2. The said statement under oath or affidavit was cedula. The offender makes a false narration of facts in a
made before a competent officer duly drivers license. What crime is committed?
authorized to receive and administer oath A: FALSIFICATION.
In order to amount to perjury, it is
necessary that the said oath must be Q: What if the offender makes a false narration of facts in a
given before an officer duly authorized to statement of assets, liabilities and net worth. So a public
receive and administer. Otherwise, it officer filed a statement of assets, liabilities and net worth. It
cannot be considered as perjury because contains falsities, false narration of facts. What is the
the essence of perjuryis the violation of liability?
the solemnity of oath. A: The liability is PERJURY.

to him, at the time, he was watching Saksi, when suddenly a

WHERE LIES THE DIFFERENCE BETWEEN commotion occurred outside, he ran out of the window, he
FALSIFICATION AND PERJURY? saw at that particular time the accused hitting the said victim
In falsification, the document is not required to be with his vehicle and so he saw the accused that caused the
under oath. In case of perjury, the document is death of the victim. That was his statement in the affidavit
required to be under oath. filed to the fiscals office. During investigation, however, it
was discovered he was not watching Saksi, he was watching
HOW ABOUT THE DIFFERENCE OF FALSE Bandila, the news program in ABS-CBN and not the news
STATEMENT AND PERJURY? program in GMA. Is he liable of perjury?
If the false statement is made in a judicial A:No, he is not liable of perjury. Although it was
proceeding, it is false testimony. If the false under oath, administered by a fiscal, still it is no
statement is made in a non-judicial proceeding or perjury because it is not on a material matter.
administrative proceeding or quasi-judicial Whatever it is that he was watching at the time,
proceeding, it is perjury. even if it is cartoon, it doesnt matter. What matters
ILLUSTRATION: is that he heard the commotion, he ran to the
Q: An applicant for the bar filled out an application form for window, and he saw the accused bumping the
the bar, there was a statement therein, Have you ever been victim. He saw that it was the accused who killed
fined or convicted of any crime? and the answer was no, the victim and that it was the car of the accused that
however, in truth and in fact, he has already been fined for hit the victim. Only then, it will be considered as
the crime of jaywalking. He answered no and then this perjury but whatever he was watching, it was
application for the bar is required to be under oath. He was immaterial. It was not on a material matter;
looking for a notary public since it was a Sunday, there was therefore it will not amount to perjury.
no office opened so he went to the legal office of his father,
hoping that there was a lawyer there. However, there was SUBORNATION OF PERJURY is committed by a person
only the janitor and he asked the janitor to sign in the notary who knowingly and willfully procures another to swear falsely
public part and then submitted it to the office of the bar and the witness suborned does testify under the
confidante. Is the said applicant for the bar liable for perjury circumstances rendering him guilty of perjury.
or is he liable for falsification? NOTE: Subornation of perjury is not expressly penalized in
A: He is liable of FALSIFICATION and not of RPC; but the direct induction of a person by another to
perjury because the person who received and commit perjury may be punished under Article 183 in relation
administered the oath is not a confidante officer to Article 7, meaning, the crime is plain perjury but the one
duly authorized to receive and administer the oath. inducing another will be liable as principal by inducement
He was a mere janitor and not a notary public. As and the one who testified as principal by direct participation.
such, the crime committed is falsification. Again,
the essence of perjury is the violation of the
solemnity of the oath.
ARTICLE184 OFFERING FALSE TESTIMONY IN
Q: A wrote a love letter to the girl that he is pursuing. In the EVIDENCE
said love letter, he stated falsities such as You are the only Committed by any person who shall offer in evidence
one in my life. when in truth there were three of them. He any false testimony or any false witness either in a
stated I love you and I miss you and they were all falsities. judicial proceeding or in any official proceeding.
He even asked it to be notarized and sent it to his third ELEMENTS:
girlfriend. Is he liable for perjury? 1. The offender offered in evidence a false witness
A: No, he is not liable for perjury. He is not liable or false testimony.
for perjury because the said love letter is not 2. The offender knew the witness or the testimony
required by law. The fourth element requires, to was false.
amount to perjury, the sworn statement under oath 3. The offer was made in a judicial or official
or the said affidavit must be required by law proceeding.
because it is a crime against public interest not a Is this the same as subornation of perjury?
crime against personal interest. Subornation of perjury is committed by any
person who procures a false witness in order
Q: What if in a case submitted in a fiscals office, so there to perjures himself and testify falsely in a case.
was a complaint and attached thereto is a sworn statement. There is no such crime as subornation of
In the said sworn statement, the witness said that he saw the perjury under the present RPC because we
accident. He saw the accused bumped the victim. According already have Article 184.

Article 184 is committed when any person who In order to be liable for this crime, whether it be the act
procures a witness and offers him as evidence of solicitation or the act of attempting to cause bidders
in court can be held liable under Article 184 or to stay away from public auction, it is necessary that the
he can be held liable as a principal by intention of the offender is to cause the reduction of
inducement in false testimony or as a principal the price of the thing which is the subject of the
by inducement in perjury; therefore public auction. The acts complained of must be done
subornation of perjury is not necessary and it for the purpose of reducing the price of the thing
is not a crime under Philippine jurisdiction, being auctioned.
under the RPC.
In public auction, it is necessary that the public must be
ARTICLE185 MACHINATIONS IN PUBLIC AUCTIONS able to get the best price for the thing being auctioned.
There are two acts punishable under Article 185 If there will be less bidders, less participants in the said
I. SOLICITING GIFT OR PROMISE public auction, then the public will not be able to get the
By soliciting any gift or promise as a best price for the thing subject of the public auction.
consideration for refraining from taking Here, if the non-participation of the other bidders was
part in any public auction. caused by a person, then he is liable under Article 185.
The mere act of soliciting any gift or Again, the intention of the offender is to cause the
promise, so that he will refrain from taking reduction of the price of the thing which is the subject of
part of the public auction, will already give the public auction.
rise to the crime. It is not necessary that
he actually received the gift, it is not
necessary that he actually will not ARTICLE186 MONOPOLIES AND COMBINATIONS IN
participate in the said auction. RESTRAINT OF TRADE
ELEMENTS: Acts punished:
1. There be a public auction. I. COMBINATION TO PREVENT FREE
2. The accused solicited any gift or a COMPETITION IN THE MARKET
promise from any of the bidders. This is committed by any person who shall
3. That such gift or promise was the enter into any contract or agreement or
consideration for his refraining from taking part in any combination whether in
taking part in that public auction. the form of trust or otherwise, in restraint
4. The accused had the intent to cause the of trade or commerce or to prevent by
reduction of the price of the thing artificial means free competition in the
auctioned. market.
II. MONOPOLY TO RESTRAIN FREE
II. ATTEMPTING TO CAUSE BIDDERS TO COMPETITION IN THE MARKET
STAY AWAY This is committed by monopolizing any
By attempting to cause bidders to stay merchandise or object of trade or
away from an auction by threats, gifts, commerce or by combining with any other
promises or any other artifice person or persons in order to alter the
The mere attempt to cause bidders not to prices thereof by spreading false rumors
participate in the said public auction by or making use of any other artifice to
threats, gifts or promise will already give restrain free competition in the market.
rise to the crime. It is not necessary that III. MANUFACTURER, PRODUCER, OR
the bidders would not actually participate. PROCESSOR OR IMPORTER COMBINING,
ELEMENTS: CONSPIRING OR AGREEING WITH ANY
1. There be a public auction PERSON TO MAKE TRANSACTIONS
2. The accused attempted to cause the PREJUDICIAL TO LAWFUL COMMERCE
bidders to stay away from that public OR TO INCREASE THE MARKET PRICE OF
auction. MERCHANDISE
3. It was done by threats, gifts, promises
or any other artifice. The FIRST TWO ACTS under Article 186 can be
4. The accused had the intent to cause the committed by any person and not necessarily by
reduction of the price of the thing manufacturers, producer or processors. The THIRD
auctioned. ACT however, can be committed only by
manufacturers, processors, producers and importers

who combined with any other person or persons in order

to commit a transaction prejudicial to lawful commerce This is considered a criminal act because the offender,
or to increase the market price of any merchandise or despite knowing that the articles or merchandise that he
object of commerce imported are misbranded, he still imports the same,
sells the same or disposes the same
Whether it be the first, second or third act, the mere
conspiracy in order to restrain or to prevent free Mere importation is a punishable act; therefore it is not
competition will already give rise to the crime. It is not necessary for the offender to become liable under
necessary that there be actual restraint in trade or Article 187 that he must have sold the misbranded
commerce. articles or that he must have disposed the article
because mere importationwill already give rise to
ILLUSTRATION: the crime.
Q: What if Petron, Caltex and Shell connived, combined and
agreed with one another to hoard fuel. They know that the
fuel prices will increase by March and so they decided to
hoard it. Can they be held liable under Article 186?
Juridical corporations cannot be the subject of
criminal action. First, it cannot be said that juridical
persons can act with intent. Second, you cannot
imprison a juridical person in case of conviction. So
if the offender is a juridical entity, who shall be held
liable?
The president, the directors or any of the
members of the said corporation, association
or partnership, who knowingly permitted and
allowed this combination or monopoly in
restraint of trade or commerce. Note that they
must have knowingly permitted the same
otherwise, they cannot be held criminally
liable.
If the objects, which are the subject of this monopoly or

combination in restraint of trade or commerce are prime
commodities such as food, motor fuel, lubricants, it is
not even necessary that there be conspiracy. A mere
proposal, a mere intial step to hoard, to prevent free
competition in the market will already give rise to
the crime.
ARTICLE187 IMPORTATION AND DISPOSITION OF

FALSELY MARKED ARTICLES
Committed by any person who shall imports, sells or
disposes any article or merchandise made of gold,
silver, other precious materials, or their alloys
ELEMENTS:
1. The offender IMPORTS, SELLS or DISPOSES
any article or merchandise made of gold,
silver, other precious materials, or their alloys
2. That the STAMPS, BRANDS, or MARKS of
those articles or merchandise FAIL TO
INDICATE the actual fitness or quality of said
metals or alloys
3. The OFFENDER KNOWS that the stamps,
brands or marks fail to indicate the actual
fitness or quality of the metals or alloys.

TITLE FIVE Q: What if a person has been prosecuted for Illegal sale of
CRIMES RELATIVE TO OPIUM AND OTHER Dangerous Drugs. The said operation was a buy bust
PROHIBITED DRUGS operation. It is an entrapment procedure which is allowed by
law. Here, the criminal/evil intent originated mainly from the
COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 offender himself thats why it is not considered as an
(RA 9165) absolutory cause. Here, the Police Officers employed means
and methods to entrap and capture the criminal in flagrante
SECTION 4 IMPORTATION OF DANGEROUS DRUGS that is in the actual act of committing the crime. So what if in
AND/OR CONTROLLED PRECURSORS AND the buy bust operation, the accused drug seller was
ESSENTIAL CHEMICALS arrested. In the said operation, the informant acted as the
Is committed by: posuer buyer. He was given marked money. The policemen
Any person, who, unless authorized by ran into the place of the drug seller. Only the poseur-buyer
law, shall import or bring into the Philippines any knocked at the door of the drug seller. The drug seller came
dangerous drug, regardless of the quantity and out and the poseur-buyer said that he wanted to buy
purity involved. dangerous drugs in the amount of P200. The drug seller said
okay and gave 2 plastic sachets of dangerous drugs to the
In one Supreme Court decision, it held that: For one poseur buyer. However, the poseur-buyer without having
to be liable for importation of dangerous drugs, given the marked money yet to the drug seller negligently
it is necessary to be proven that the dangerous removed his eyeglasses so the Police officers thought that
drugs that were taken in a vessel came from a that was the signal that the sale has been consummated.
foreign country with the said dangerous drugs on They arrived at the said place and arrested the drug seller.
board the said vessel; therefore the prosecution The marked money was not given to drug seller. Does that
must prove that the vessel which came into the constitute his acquittal?
Philippine ports had with it the dangerous
drugs. Only then can it be said that the dangerous A: No provided that all the elements are
drugs have been imported from another country. present:
SECTION 5 SALE, TRADING, ADMINISTRATION, Note that the second element only requires the
DISPENSATION, DELIVERY, DISTRIBUTION AND crime must be established. The corpus delicti and
TRANSPORTATION OF DANGEROUS DRUGS AND/OR the price must be established. It does not require
CONTROLLED PRECURSORS AND ESSENTIAL that there must be giving of the price/money. It
CHEMICALS suffices that the crime was established.
Selling Dangerous Drugs When the poseur-buyer said that he wants to buy
Act of giving away any dangerous drug and/or illegal drugs for P200, the price has already been
controlled precursor and essential chemical established. Therefore, all the elements will suffice
whether for money of any other consideration. even if the marked money has not been given by
the buyer to the seller. In fact, even if the marked
ELEMENTS OF SALE OF ILLEGAL DRUGS: money is not presented in court it will not be a
1. The identity of the buyer and the seller hiatus on the evidence of the prosecution provided
It is necessary that the identity of the that the police officers and the witnesses were able
buyer and the seller are clearly to prove the crime of illegal sale of dangerous
identified. drugs.
2. The object and the consideration
3. The delivery of the thing sold and the payment Q: How about the poseur-buyer? Is it necessary for the
thereof poseur buyer to testify in court? What if the prosecutor failed
Because if the dangerous drugs had to have the poseur-buyer testify in court? Does it mean to an
not been delivered, the third element acquittal?
is lacking, the sale is abds forted,
there is only ATTEMPTED ILLEGAL A: The testimony of the poseur-buyer is not
SALE of dangerous drugs not indispensable in a case of illegal sale of dangerous
consummated illegal sale of drugs. It is not indispensable because the
dangerous drugs because the third transaction can be proven by the other police
element is lacking. officers who have witnessed the transaction.
However if the seller denies the existence of the

said transaction; it is the incumbent upon the Under Section 7 of the act, even the
prosecution to grove the said transaction by the employees who are aware of the nature of the
presentation the said poseur-buyer. said den, dive or resort for the use and sale of
dangerous drugs are also criminally liable.
General Rule: The testimony of the poseur-buyer Likewise, even persons who are not
is not indispensable in a case of illegal sale of employees which knowingly visit the same
dangerous drugs. place despite the knowledge of the nature of
Exemption: When the accused denies the such den, dive, or resort are also criminally
existence of the said transaction. If the prosecution liable.
failed to present the poseur-buyer to testify in court,
it will amount to the dismissal of the case. Q: What if the said den, dive, or resort is owned by a third
person? Lets say A and B rented a house. After giving the
Q: Lets say there is this cigarette vendor on the side walk down payment, A and B went to the said house. A and B
and here comes a man who parked his car near the side used the house as a den for illegal sale of dangerous drugs.
walk. He called the cigarette vendor and told the cigarette The police officers were able to secure a warrant and A and
vendor to deliver a package to the man inside the car which B were arrested. Can the owner of the said house be
is parked on the other side of the street. He told the cigarette criminally liable for the maintenance of the said den? How
vendor that he will give him P1000 if the he agreed to deliver about the house? Can it be forfeited in favor of the
the package to the man inside the car which is parked at the government?
other side of the street. The cigarette vendor asked the man
what is inside the package however the man said its none A: Under Sec. 6, the said den, dive, or resort for the
of your business to know whats inside that. I will give you use of illegal sale of dangerous drugs shall be
P1000 if you deliver this to the man inside that car parked at escheated in favor of the government provided that
the other side of the street. So the cigarette vendor with the the following circumstances concur:
P1000 got the bag and delivered it to the man at the other 1. The information must allege that the said
side of the street. He knocked at the window and the man place is intentionally being used in
lowered his window. However at the time of the said delivery furtherance of illegal sale/use of
the police officers arrived and arrested the cigarette vendor. dangerous drugs.
Can he be prosecuted for delivery of dangerous drugs? Can 2. Such intent must be proven by the
he be convicted for delivery of dangerous drugs? prosecutor.
3. The owner of the said house must be
A: He can be prosecuted for delivery of dangerous included as an accused in the information
drugs however it is a defense on his part that he or complaint.
has no knowledge that the thing he is delivering is If these 3 elements are present; then the said
dangerous drugs because under RA 9165, house shall be confiscated and escheated in
delivering has been defined as the act of favor of the government.
knowingly passing a dangerous drug to another,
personally or otherwise, and by any means, with or SECTION 8 MANUFACTURE OF DANGEROUS DRUGS
without consideration. Therefore it is necessary The presence if any controlled precursor and
that the one delivering dangerous drug must have essential chemical or laboratory equipment in the
the knowledge of the thing that he is delivering is clandestine laboratory is a prima facie evidence of
dangerous drug. manufacture of any dangerous drug.
DELIVER an act of knowingly passing a dangerous drug SECTION 11 ILLEGAL POSSESSION OF DANGEROUS
to another, personally or otherwise, and by any means, with DRUGS
or without consideration.
ELEMENTS OF POSSESSION OF ILLEGAL
SECTION 6 MAINTENANCE OF A DEN, DIVE, OR DRUGS:
RESORT 1. The accused was in possession of prohibited
Any person who maintains a den, dive, or resort for drug
the use of illegal drugs are liable under this section. In illegal possession of dangerous drugs;
the word possession does not only mean
Are the owners, persons maintaining the said actual possession of the dangerous drug
dangerous drug dens are only the ones who are in his body. It suffices that the said
criminally liable? dangerous drug is found in a place

under the control and dominion of the months and 1 day to 4 years which is within the
said offender. probationable penalty. Under Sec. 24 of R.A. 9165,
any person convicted for drug pushing and drug
Q: By virtue of a search warrant the police officers conducted trafficking, regardless of the penalty imposed by the
Court, cannot avail for probation.
a search in the house of A to look for cocaine. They looked
inside the bedroom and underneath the pillow on the So under Sec. 24; only those who are convicted of
bedroom of A, the found several sachets of cocaine. Can it drug pushing and drug trafficking which cannot
be held that A is in possession of the said drugs? avail for probation therefore for any other violation
of Dangerous Drugs Act, for as long as the penalty
A: Yes because it is under his control and imposed by the court is 6 years and below, he can
avail for the benefit of probation. But if he is a drug
dominion. Possession does not only mean
trafficker/ pusher, one who is engaged in selling
physical or actual possession. It also dangerous drugs, he cannot avail of the benefit of
means as constructive possession for as probation even if the penalty imposed by the court
long as the dangerous drugs is under his is within the probationable penalty because it is
control and dominion. expressly prohibited by Sec. 24 of RA 9165.
2. Such possession is not authorized by law SECTION 13 ILLEGAL POSSESSION OF DANGEROUS

The offender is not authorized by law to DRUGS DURING PARTIES, SOCIAL GATHERINGS OR
possess such drugs. Dangerous drugs MEETINGS
are per se contraband. They are per se in Sec. 13, if any person was found in possession
illegal items. The presumption is that such of dangerous drug in a party, social gatherings or
possession is without authority of law. meetings, or in the proximate company of at least
Therefore the burden of proof is on the two (2) persons; the maximum penalty prescribed
accused to prove that he has the authority by law shall be imposed.
to possess unlike illegal possession of
firearms. Illegal possession of firearms is SECTION 15 ILLEGAL USE OF DANGEROUS DRUGS
not per se contraband therefore in illegal ELEMENTS OF ILLEGAL USE OF DANGEROUS
possession of firearms, it is the DRUGS:
prosecution who has the burden of proof 1. The offender was apprehended/ arrested in
that the said person lacks license. the actual use of dangerous drugs.
The first element requires that the
3. The accused freely and consciously offender must be actually using,
possessed the prohibited drug sniffing the dangerous drugs.
There must be an animus posidendi on
the part of the said accused. This animus 2. After a confirmatory test; he was found to be
posidendi on the part of the accused is a positive for use of any dangerous drugs.
prima facie presumed by law. The He was at the PNP Crime Lab and
moment a person was found in after the confirmatory test, he was
possession of dangerous drugs, the found to be positive for use of
presumes that the person knows that the dangerous drugs.
thing in his possession is dangerous
drugs. 3. No other amount of dangerous drugs must be
found in his possession.
SECTION 12 - ILLEGAL POSSESSION OF DRUG If any other amount of dangerous
PARAPHERNALIA drugs was found in his possession,
e.g. A person was found in possession of empty then the proper charge would no
plastic sachets and other instruments used for longer be illegal use but illegal
using dangerous drugs. He is therefore liable for possession of dangerous drugs.
Illegal Possession of Drug Paraphernalia.
Q: The police officers saw a man snatched the cell phone of
Q: What if a person was found in possession of drug a woman. Since the police officers saw the man in
paraphernalia can they avail the benefit of probation? committing the crime inflagrante delicto of actual act of
snatching and the man runaway, they followed the man. The
A: Yes he can avail for probation. The penalty man entered the house. The police officers upon entering
prescribed by law for illegal possession of drug the house saw 3 men on a round table; they were in the
paraphernalias is an imprisonment ranging from 6

actual act of sniffing shabu. They were arrested and they Q: What if the police officers failed to comply with this
were asked to stand up and fold their arms up and they were procedure? In People vs. Sta. Maria, the police officers failed
searched. Upon the search, they found out that these 3 men; to comply with this procedure however there was conviction.
each of them was found a sachet of illegal drugs in their However, in the case of Dolera vs. People; the police officers
pockets aside from the dangerous drug that they were using. failed to comply with Sec. 21 procedure and this time there
What cases will you file against the 3 men? was an acquittal. Why is there an acquittal in the case of
Dolera and why is there a conviction in the case of Sta.
A: Illegal Possession of Dangerous Drugs. No Maria?
illegal use of dangerous drugs because the third
element is one thing. Lets say after the A: The Supreme Court held that even if there is
confirmatory test they were found to be positive failure to comply with the procedure underlined in
however 3 elements must concur: 1st element: Sec 21 of RA 9165 by the arresting officers, there
They were caught in the actual act of sniffing will still be conviction if the said non-compliance is
shabu. 2nd element: After confirmatory test they due to justifiable reasons and provided that the
were found positive of the use of dangerous drugs police officers were able to preserve the integrity
however the 3rd element is lacking because they and evidentiary bond of the confiscated dangerous
found to have in their possession a plastic sachet drugs this is in consonance with the chain of
of other dangerous drugs other than the one they custody rule.
used. Therefore the proper crime charged is illegal
possession of dangerous drugs. If the police officers were not able to comply with
the procedure due to justifiable cause, they must be
SECTION 21 PROCEDURE IN THE SEIZURE AND able to preserve the integrity and evidentiary bond
CONFISCATION OF DANGEROUS DRUG of the confiscated dangerous drug that is; right after
confiscation, it must be marked to ensure that it was
The apprehending team which has the initial possession the dangerous drugs taken from the accused and
of the seized/confiscated dangerous drugs shall: must be turned over to the forensic laboratory for
1. Inventory the dangerous drugs testing.
2. Take photographs of the same in the
presence of the accused or from the CHAIN OF CUSTODY RULE
person whom the dangerous drugs What is the Chain of Custody rule? (People v
have been confiscated or in the Gutierrez)
presence of his counsel, a It is defined as the duly recorded authorized
representative from the media, a movements and custody of dangerous drugs
representative from the Department from the time of confiscation/seizure to the
of Justice, and an elected public receipt in the forensic laboratory to
official who shall be given a copy of safekeeping to presentation in court for
the said inventory and who shall be destruction.
required to sign the same.
What is the purpose Chain of Custody rule?
Procedure: The purpose of Chain of Custody rule is to
1. Upon seizure/ confiscation of dangerous drugs, the ensure that the dangerous drug
same must be stated in the inventory list. seized/confiscated from the accused is the
2. There must be a picture taking of the dangerous very same dangerous drug which has been
drugs in the presence of the accused or from the tested by the forensic chemist and it is the
person whom the dangerous drugs have been very same dangerous drug presented in
confiscated or in the presence of his counsel, a court that is; there has been no substitution
representative from the media, a representative of evidence.
from the Department of Justice, and an elected Dangerous drugs are so small. There can be a
public official. replacement of the effects therefore this Chain
3. The elected public official must be required to sign of Custody rule will ensure that there will be no
the inventory list and shall be given a copy of the substitution of the very same dangerous drug
same. seized/confiscated from the accused at the
time that they were presented to the court.

Q: What if a person is charged for illegal possession of 1. Importation of any dangerous drug;
dangerous drugs and during his arraignment, he pleaded not 2. Sale, trading, administration, delivery,
guilty and during the pre-trial, he said that he will change his distribution, transportation of dangerous drug;
plea if he will be allowed to plead guilty for a lesser offense 3. Maintenance of a den, dive, or resort where
of illegal possession of drug paraphernalia. So he wanted to any dangerous drug is used in any form;
avail of the plea-bargaining rule under the rules of court. 4. Manufacture of any dangerous drug;
Under the plea-bargaining rule, you can plead guilty to a 5. Cultivation or culture of plants which are the
lesser offense provided that the said lesser offense is sources of dangerous drugs.
necessary included in the offense charged. Here, the charge
is illegal possession of dangerous drugs; can he plead for a If any of these acts mentioned is committed by the
lesser offense of illegal possession of drug paraphernalia? offender, a mere attempt; or conspiracy will already
give rise to the crime as an exception to the rule
A: He cannot because Sec. 28 of R.A. 9165 that in case of violation of penal law, there are no
provides that any person charged in violation of any stages in the commission of the crime and
of the crimes charged under this act cannot avail of conspiracy will not lie. So if any of the crime
the plea-bargaining under the rules of court. committed is any of these five acts, mere attempt
Therefore any person charged in violation of any of will lie against the offender, conspiracy will lie
the punishable acts under R.A. 9165 cannot plead against the offender.
guilty to a lower offense.
As held in the case of People v Rolando Laylo, the charge
was only attempted illegal sale of dangerous drugs. The sale
SECTION 25 A POSITIVE FINDING FOR THE USE OF was aborted because even before the said drug poseur was
DANGEROUS DRUGS SHALL BE A QUALIFYING able to transfer the dangerous drug to the police officer, the
AGGRAVATING CIRCUMSTANCE police officers already introduced themselves as such and
arrested him. As such, we only have attempted illegal sale
Q: A killed B. The police officers arrested A and they brought of dangerous drugs.
him to the crime lab to be tested for the use of illegal use of
dangerous drugs. After testing, he was found positive for the SECTON 98 LIMITED APPLICABILITY OF THE RPC
use of dangerous drugs. What is the effect of it in the criminal In Book I, under Article 10, the provisions of the
liability of A? RPC shall apply suppletorily or supplementarily to
A: Sec 25 states the a positive finding for the use the provisions of the special penal laws UNLESS
of dangerous drugs shall be a qualifying the special penal law provides otherwise.
aggravating circumstance. One of the exceptions is provided for in Sec 98 of
RA 9165, it is provided that the provisions of RPC,
What is the effect of a qualifying aggravating as amended, shall not apply to the provisions of RA
circumstance? 9165. The law uses the word shall; therefore you
It changes the nature of the crime or even cannot apply the provision of RPC to the provisions
without changing the nature of the crime it will of RA 9165.
bring about a higher imposition of penalty. Exception to Section 98: If the offender is a minor
offender.
Where the offender is a minor, the penalty
SECTION 26 ATTEMPT OR CONSPIRACY for acts punishable by life imprisonment to
Express exception to the general rule that in case death provided shall be reclusion perpetua
of violation of a penal law, there are no stages and to death.
there is no conspiracy.
As a rule, in case of violation of penal law, we have no

attempted stages. In violation of special penal laws,
conspiracy unless expressly provided because these
are only for violation of the RPC, for felonies. One of
those exceptions is under Section 26 of RA 9165. Under
Section 26 of RA 9165, any attempt or conspiracy of any
of the following acts shall be punished already by
penalty prescribed by law:

TITLE SIX the said act does not constitute any other violation
CRIMES AGAINST PUBLIC MORALS (Articles 200 in the RPC because they have the right to engage
202) in sexual intercourse. Therefore, the crime
committed is grave scandal because they
ARTICLE200 GRAVE SCANDAL performed the act in a public place even if no one
Grave Scandal a highly scandalous act offensive saw the commission of the said act still, still
to good morals, good customs and decency because it is performed in a public place , it is
committed in a public place or within public presumed that someone may have seen the
knowledge or public view. commission of the highly scandalous act.
ELEMENTS:
1. The offender performs an act or acts Q: So what if a wife and a husband, celebrating their
anniversary, engaged in sexual intercourse in their terrace.
2. Such act or acts be HIGHLY SCANDALOUS as So the act is committed in their premises, in the terrace of
offending against decency or good customs their house. However, the gate was open and so passersby
It is necessary that the act must be would see them performing the sexual intercourse. Are they
highly scandalous and offensive to liable for grave scandal?
morals, offensive to decency and A: YES. They are liable for grave scandal. The said
offensive to good customs. act does not constitute another offense in the RPC
3. That the highly scandalous conduct is not because they have the right to engage in sexual
expressly falling within any other article of this conduct. The sexual conduct was performed in the
Code. privacy of their home however; people witnessed
The third element requires that it must the commission of the said act. It now becomes a
not expressly fall within any other highly scandalous act because it is within the
article of this code. It must not knowledge of the public or within public view.
constitute any other violation in the
RPC. Grave scandal is a crime of Q: What if A and B are boyfriend and girlfriend. The girlfriend
last resort because you only file a is 11 yrs old and the boyfriend is 21 yrs old. And because it
complaint for grave scandal when the is their monthsary the girlfriend thought of giving herself as
said act is not punishable under any a gift and engaged in sexual intercourse in a public place Are
other article in the RPC. they liable for grave scandal?
4. The act or act complained of be committed in a A: NO. They are not liable for grave scandal. The
public place or within the public knowledge or man is liable for statutory rape. A man who had
view. sexual intercourse with a child under 12 years of
Then the fourth element provides that age, regardless of the consent, regardless of the
the highly scandalous act must be willingness of the said child, the man is liable for
committed either in a public place or statutory rape. Because in so far as criminal law is
within public knowledge or view. If the concerned, a child under 12 yrs old has no
highly scandalous act is committed in intelligence of his/her own and is not capable of
a public place, the crime of grave giving a valid consent. Therefore, even if the girl
scandal will immediately arise. The voluntarily gave herself in so far as the law is
place being public, the law presumes concerned, it is still statutory rape. It is not grave
that someone may have witnessed the scandal because the third element is wanting. The
commission of the highly scandalous said act fall under the violation of article of RPC that
act. However, if the crime is committed is under article 266-A for rape. As I said, grave
or if the highly scandalous act is scandal is a crime of last resort. You only charge it
committed in a private place, for the when the crime committed does not constitute any
crime of grave scandal to arise, it is other violation in the RPC.
necessary that it must be witnessed by
one or more persons to be said that it ARTICLE201 IMMORAL DOCTRINES, OBSCENE
is within the public knowledge or public PUBLICATIONS AND EXHIBITIONS, AND INDECENT
view. SHOWS
Punishes:
ILLUSTRATION: I. Public proclamations of doctrines openly contrary
Q: So let us say that A and B are boyfriend and girlfriend and to public morals
it is their anniversary. They went to Luneta Park and at II. Publication of obscene literature. In case of
exactly 12 midnight, in the middle of Luneta Park, they publication of obscene literature, it is the author, the
engaged in sexual intercourse. No one witnessed their editor, the owner or proprietor of the establishment
sexual intercourse. Are they liable for grave scandal? that sells the said materials SHALL BE HELD
A: YES. They are liable for grave scandal. They CRIMINALLY LIABLE.
have the right to engage in sexual conduct but the III. The third act punished is the exhibition of indecent
fact that they performed the sexual conduct in shows, plays, scenes or acts in fairs, theaters,
Luneta Park, a public place makes the act offensive cinemas or any other places.
to public morals, decency and good customs and

IV. Selling, giving away or exhibiting films,, engravings, a. by direct provision of the law; or
sculptures or literature which are offensive to public b. by popular election; or
morals. c. by appointment by competent authority
ILLUSTRATION:
Q: So what if there is this building, when the person entered Whenever a person applies to a public office, he has the so-
the said building, on the floor of the said building were these called, OATH OF OFFICE. If he is high-ranking official, the
magazines. And the magazines contain men and women oath is also before a high-ranking official. If he is a cabinet
engaging in sexual intercourse, naked women and men, and secretary, the oath is before the President or to the Supreme
other obscene materials. Who shall be held liable when the Court Chief Justice. If he is only an ordinary employee, still
place was raided by the police? he has oath of office. It is a document which is entitled,
A: The author of the said literature, the editors
OATH OF OFFICE, he merely signs it.
publishing such literature and the owner or
proprietor of the establishment where the said
magazines were being sold. They will be held Felonies under TITLE SEVEN are felonies in violation of this
criminally liable under Article 201. oath of office, they can either be:
NON-
VAGRANTS AND PROSTITUTES (ART 202) MISFEASANCE MALFEASANCE
FEASANCE
Q: Let us say that there is this man, a healthy man and he A public officer A public officer
can look for work but he does not want to work. So he was performs an A public officer knowingly,
just roaming around and he saw houses of prostitutes or official acts in a performs in his willfully refuses
houses of ill-fames and he is always in this places. Can he manner not in public office an or refrains from
be held liable for vagrancy? accordance with act prohibited by doing an act
A:NO, because vagrancy has been what the law law. which is his
decriminalized by R.A. No. 10158 which was provides official duty to
approved on March 27, 2012. We no longer have do.
the crime of vagrancy. No person can longer be (GN: Improper (GN: Performance
prosecuted for being a vagrant. performance of of some act which (GN: Omission
some act which ought not to be of some act
How about prostitution? Is there still a crime for might be lawfully done which ought to
prostitution? done) be performed)
YES. ARTICLE
ARTICLE 210-211 ARTICLE
Who is a prostitute? 204 TO 207 208
A prostitute is any woman who, for money or
profit, indulges in sexual intercourse or ARTICLE204 KNOWINGLY RENDERING UNJUST
lascivious conduct. So it is the work or job of a
JUDGMENT
woman. Note that the law defines it to be a
woman therefore; a man cannot be considered ELEMENTS:
a prostitute. Before, if a man engages in sexual 1. The offender is a judge
intercourse or lascivious conduct he can be 2. That he renders a judgment in a case submitted
punished under Article 202 but now since to him for decision
vagrancy has been decriminalized by R.A. No. 3. That the judgment is unjust
10158, he can no longer be prosecuted. Only 4. The judge knows that his judgment is unjust
prostitutes who are woman.
TITLE SEVEN UNJUST JUDGMENT is one which is contrary to law, or

CRIMES COMMITTED BY PUBLIC OFFICERS (Articles one that is not supported by evidence or both.
203 245) The source of unjust judgment can either be mere error
or ill-will. If the source of an unjust judgment is mere
error on the part of the judge, then the said judge is not
ARTICLE203 PUBLIC OFFICERS civilly, criminally, and administratively liable.
REQUISITES TO BE A PUBLIC OFFICER:
1. One must be taking part in the performance of ILLUSTRATION:
public functions in the Government or one must In a case submitted to him for decision, the judge wrongfully
be performing in said Government or in any of interpreted a provision of law. It is a new law, there is no
its branches public duties as an employee, jurisprudence yet, the judge wrongfully interpreted it. The
agent or subordinate official, of any rank or judge cannot be held civilly, administratively, and more so,
class; and criminally liable. The said judgment is an unjust judgment
2. That his authority to take part in the performance because it was based on this error in the interpretation of the
of public functions or to perform public duties law. However, there was no intent on the part of the said
must be

judge. Considering the basis of the unjust judgment is mere

error. The said judge acted in good faith. ARTICLE208 PROSECUTION OF OFFENSES;
If however, the unjust judgment is based on bad faith, NEGLIGENCE AND TOLERANCE
that is, it is based on ill-motive on the part of the said judge, ACTS PUNISHABLE:
therefore, he can be held liable criminally, civilly and I. By maliciously refraining from instituting
administratively prosecution against violators of the law
Note that the first crime, he knows that a
- For him to be criminally liable, knowing that he crime was committed but he does not
rendered an unjust judgment, it is necessary that prosecute the offender;
the unjust judgment is rendered out of ill-motive II. By maliciously tolerating the commission
or bad faith, out of greed, revenge, envy, or any
of offenses
other ill-motive. Hence he is known to have
rendered an unjust judgment. the second act, a crime was about to be
committed, he tolerates its commission. It
BASED ON MERE ERROR no criminal, no civil, no must be done with MALICE. Absent
administrative liability malice, Article 208 will not apply.
ARTICLE205 JUDGMENT RENDERED THROUGH ELEMENTS OF DERELICTION OF DUTY IN THE

NEGLIGENCE PROSECUTION OF OFFENSES:
This is again committed by a judge, who in a case 1. That the offender is a public officer or officer of
submitted to him for decision, renders manifestly unjust the law who has a duty to cause the prosecution of,
judgment. or to prosecute, offenses.
ELEMENTS: 2. That there is a dereliction of the duties of his
1. The offender is a judge office; that is knowing the commission of the crime,
2. That he renders a judgment in a case submitted he does not cause the prosecution of the criminal
to him for decision or knowing that a crime is about to be committed,
3. That the judgment is manifestly unjust he tolerates its commission.
4. The it is due to his inexcusable negligence or 3. That the offender acts with malice and deliberate
ignorance intent to favor the violator of the law.
MANIFESTLY UNJUST JUDGMENT means that it is Otherwise known as DERELICTION.

evident that a judgment is unjust. A first year law student Can only be committed by a public officer or a officer of
the law who has the duty to cause the prosecution of or
would know that it is unjust, therefore it is manifestly unjust
to prosecute the offenders. The said public officer
judgment, because he acted in inexcusable negligence or commits dereliction of duty in the prosecution of
ignorance. offenses under any of the following circumstances:
a. knowing the commission of the crime, he
does not cause the prosecution of the
ARTICLE206 UNJUST INTERLOCUTORY ORDER criminal, or
b. knowing that a crime is about to be
ELEMENTS:
committed, he tolerates its commission and
1. The offender is a judge the said offender acts with malice and
2. That he performs any of the following acts: deliberate intent to favor the violator of the
a. knowingly renders unjust interlocutory law
order or decree The dereliction of duty in the prosecution of offenses
b. renders a manifestly unjust cannot be committed by just any public officer.
interlocutory order or decree through The public officer must be charged with the prosecution
of the cases or he is the one who can cause the
inexcusable negligence or ignorance
prosecution of these offenders.
ARTICLE207 MALICIOUS DELAY IN THE CHARGED WITH THE PROSECUTION OF THE

ADMINISTRATION OF JUSTICE OFFENDERS:
ELEMENTS: - Fiscals
1. The offender is a judge - Prosecutors
2. There is a proceeding in his court - State Prosecutors
3. He delays the administration of justice
4. The delay is malicious, that is, delay is caused THOSE WHO CAN CAUSE THE PROSECUTION OF THE
by the judge with deliberate intent to inflict OFFENDERS:
damage on either party in the case. - Judges

- Barangay Chairman third time, he was given 5 days still, he failed to file, without
- Persons in authority giving any justifiable reason for his non-compliance with the
order of the court. By reason thereof, there is no evidence in
ARTICLE209 BETRAYAL OF TRUST BY AN behalf of the defense of his client was admitted by the Court.
ATTORNEY OR SOLICITOR REVELATION OF Because only evidences offered may be admitted by the
SECRETS court. And so, the judge convicted the accused, the client
ACTS PUNISHED AS BETRAYAL OF TRUST BY was prejudiced because of the counsels malicious breach
ATTORNEY: of his professional duty. It is incumbent upon any counsel to
I. By causing damage to his client, either file a pleading within the reglementary period provided by
a. by any malicious breach of law or required by the court.
professional duty - For failing to do so without any justifiable reason,
b. by inexcusable negligence or he caused damage to his client by malicious
ignorance breach of his professional duty.
THERE MUST BE DAMAGE TO HIS
Q: What if Atty. A was the counsel of X, he was behind bars
CLIENT
for the crime of kidnapping for ransom. Atty. A visited X to
II. By revealing any of the secrets of his client
ask the facts of the case in order for him to study and to nput
learned by him in his professional
up a good defense. During their conversation, X informed his
capacity.
counsel, Atty. A that there will be another kidnapping
DAMAGE IS NOT NECESSARY
tomorrow night at 9PM in Quezon City, to be done by his
other gang mates who were at large. Atty. A, upon knowing
III. By undertaking the defense of the
this information from his client X, immediately went to the
opposing party in the same case, without
police officers of Quezon City in order to pre-empt the
the consent of his first client, after having
commission of the crime. Is Atty. A liable for the second act
undertaken the defense of said first client
because he divulged the secrets of his client which he
or after having received confidential
learned in his professional capacity?
information from said client.
A: Atty. A is not liable under Article 209. The
IF THE CLIENT CONSENTS TO
secrets being referred to under Article 209 refers
THE ATTORNEYS TAKING THE
to the past crimes of the said client and it refers to
DEFENSE OF THE OTHER PARTY,
the facts and circumstances related to the crime
THERE IS NO CRIME
which is being handed by the said Attorney or
counsel.
ELEMENTS:
It does not refer to future crimes that are still about
1. Causing damage to his client, either:
a. by any malicious breach of professional duty to be committed. When a lawyer takes his oath of
b. by inexcusable negligence or ignorance office, he says, or he promise, he swears that he
2. Revealing any of the secrets of his client learned by shall be liable not only to the client, but also to the
him in his professional capacity STATE, to the GOVERNMENT.
3. Undertaking the defense of the opposing party in
the same case, without the consent of his first client
It is his duty to the Government, to the State of
or after having received confidential information
from said client any future crime that is about to be committed
more than his duty to his client. Hence, in this
Under Article 209, this betrayal of trust is IN ADDITION case, since it refers to a future crime, for the
TO A PROPER ADMINISTRATIVE CASE which may protection of the state and the citizenry, it is
be filed against an attorney or solicitor. So aside from incumbent upon him to divulge, disclose or to
the criminal case in violation of Article 209, he can also reveal the said secrets.
be charged in a case also for disbarment, for violation
of lawyers oath of duty may be filed against him, and
Q: What if A filed a case against B, Atty. X was the counsel
these two cases can be proceeded at the same time.
of A, A failed to give Atty. X his appearance list for 5
consecutive hearings, no appearance list. So Atty. X, filed a
ILLUSTRATION: motion to withdraw as counsel of A. The said motion to
A lawyer for 3 consecutive times, without any withdraw was with the CONSENT OF A, because without the
justifiable reason, failed to file his formal offer of exhibits. consent of A, the said motion to withdraw will not be granted
During the first time he was given 15 days, he failed to file, by the court. So the court granted and Atty. X is no longer
second time he was given 15 days, he failed to file. On the the counsel of A. When B learned about this, went

immediately to the office of X and secured the services of X. 3. That such offer or promise be accepted,
Atty. X signed a contract and he is now the counsel of B. Is or received by the public officer in
Atty. X liable for betrayal of trust by an attorney? consideration of the execution of an
A: Atty. X is liable for betrayal of trust by an act, which does not constitute a
crime, but the act must be unjust
attorney. He takes the case of B, the opposing 4. That the act which the offender agrees
party, even after he has already taken the case of to perform or which he executes be
A and after he has acquired valuable information connected with the performance of
about his client. How can he prevent himself from his official duties.
being convicted of the betrayal of trust?
He must first secure the consent of the III. By agreeing to refrain, or by refraining,
said first client from doing something which it is his
- In the said problem, there was no consent. The official duty to do, in consideration of gift
said consent was only in the motion to withdraw. or promise.
The said consent in the motion to withdraw is not ELEMENTS:
the consent on the acceptance of the case. For 1. The offender be a public officer within
every motion to withdraw, there must be a the scope of Article 203
consent written, otherwise the court will not grant 2. The offender accepts an offer or a
the motion to withdraw. The consent here is to promise or receives a gift or present
secure or to accept the service s of the other by himself or through another.
party. 3. That such offer or promise be accepted,
- Since consent was not given, he is liable for or received by the public officer to
betrayal of trust by an attorney. refrain from doing something which it
Just remember aside from betrayal of is his official duty to do so.
trust, an attorney or solicitor can also be 4. That the act which the offender agrees
held liable of administrative case. So there to perform or which he executes be
may be disbarment. connected with the performance of
He can be disbarred or he can be his official duties.
suspended by reason of committing any of
these acts. Under the First Act - By agreeing to perform or
performing, in consideration of offer or promise, gift or
ARTICLE210 DIRECT BRIBERY present any act constituting a crime in connection with
ACTS PUNISHABLE: the performance of his official duties
I. By agreeing to perform, or by performing, - If the thing which the public officer is required to
in consideration of any offer, promise, gift do, is an act which will constitute a crime, a mere
or present an act constituting a crime, in agreement to do so, will already give rise to direct
connection with the performance of his bribery. It is not necessary that he actually
official duties. commits the crime, it is not necessary that he
ELEMENTS: actually receives the gift or present.
1. The offender be a public officer within A MERE AGREEMENT WILL SUFFICE.
the scope of Article 203
2. The offender accepts an offer or a
Likewise in the Third Act - By agreeing to refrain
promise or receives a gift or present
by himself or through another. or by refraining from doing an act which is his official
3. That such offer or promise be accepted, duty to do, in consideration of an offer, promise, gift or
or received by the public officer with present.
a view of committing some crime. - If the thing that a public officer is required to do, is
4. That the act which the offender agrees to refrain from doing an act which is his official
to perform or which he executes be duty to do, a mere agreement to refrain to do an
connected with the performance of act will already give rise to direct bribery. It is not
his official duties. necessary to refrain from doing an act, it is not
necessary to receive the said gift.
II. By accepting a gift in consideration of the
execution of an act which does not However, if the thing that a public officer is
constitute a crime, in connection with the required to do, does not constitute a crime, under the
performance of his official duty.
Second Act, mere agreement will not suffice. There must
ELEMENTS: be actual acceptance of the thing. There must be
1. The offender be a public officer within acceptance of the gift, in consideration of the execution of
the scope of Article 203 an act which does not constitute a crime in connection with
2. The offender accepts an offer or a the performance of his official duty. WHY?
promise or receives a gift or present - because the thing that he is being required to do
by himself or through another. is not a criminal act. It is his official thing to do, but

he doesnt want to do it without the bribe first to falsification is in addition for his liability for direct
be given to him. So it is only upon ACCEPTANCE bribery. Therefore, 2 separate distinct charges
OF THE BRIBE that criminal liability for direct have to be filed against the civil registrar, we have
bribery will arise.
direct bribery and the other one is falsification of
the public document.
Whatever may be the act constituting direct bribery,
in order to amount to direct bribery, it must always be in
The mother is liable for corruption of public
connection with the performance of his official duty. If it is not
official (Art. 212). Direct bribery is the crime of
in connection with his official duty, it could other crime like
the public officer who receives the bribe. On the
estafa or swindling, but NOT DIRECT BRIBERY.
other hand, the private individual or the public
officer who gives the bribe is liable for corruption
ACEJAS, III vs. PEOPLE
of public official under Art. 212. (Refer to Art. 212
It is the second act of direct bribery that has been
elements)
violated. The second act because it is the duty of the said
BID agent to return the passport. The duty to return the
The mother gives a promise under circumstances
passport is not a criminal act. It is also not an act of refraining
in which the public officer becomes liable for direct
to do so. But he does not want to perform the act without the
bribery. She is liable for corruption of public
bribe, so he becomes liable under the 2nd act.
official. The mother is also liable for falsification of
a public document as a principal by inducement.
ILLUSTRATION:
Without the bribe, without the said inducement,
Q: What if a mother wanted her daughter to work in another
the said public officer will not have committed the
country. The daughter was still a minor, 16 years old. So
said falsification.
what the mother did, was to ask the civil registrar to alter the
birth date or the date in the certificate of live birth with a
ARTICLE211 INDIRECT BRIBERY
promise that the first 2 months of the salary of the daughter
ELEMENTS:
will be given to the civil registrar. The civil registrar altered
1. The offender is a public officer
the date in the birth certificate. What crime/crimes is/are
2. That he accepts gifts
committed by the civil registrar and by the mother?
3. That the gifts are offered to him by reason of his
A: The civil registrar is liable for direct bribery
office.
because he agreed to perform an act constituting
a crime in consideration of a promise that the 2
Indirect Bribery is committed if the public officer accepts
months salary will be given to him. The said act is
any gift or present by reason of his office that he owns.
in connection with his performance of his official In case of indirect bribery, the public officer is not
duty. Therefore he is liable for direct bribery. He deemed required to do a thing. By the MERE
actually performs the act, he actually committed a ACCEPTANCE, indirect bribery is consummated. NO
crime, therefore he is also liable for the ACCEPTANCE, NO CRIME IS COMMITTED.
falsification of a public document because he
actually altered the birth date which is a very ILLUSTRATION:
important date in the birth certificate so he is also A is the newly appointed secretary of DENR. On his first
liable for the falsification of a public document. day of office, Mr. X visited him, paid a courtesy call. Mr. X is
Without the said bribe, the mother would not have the president of a big logging company. They exchanged
committed falsification, so are you going to some pleasantries, thereafter, when this president of the
complex them? because direct bribery is a logging company left, he placed a small box on the table.
necessary means to commit falsification. When he left, the new DENR secretary opened the box and
Even if in reality, they should be complex it was a key to a car parked in front of the building. The new
because direct bribery is a necessary DENR secretary used it and drove the car
means to commit falsification, you cannot - He is liable for Indirect Bribery. The president
complex them because ARTICLE 210 of the logging company does not require him to
PROHIBITS SUCH COMPLEXITY OF do anything, it was merely given to him because
CRIMES. he was newly appointed as the DENR secretary.
His acceptance brings about consummated
Under Article 210, it is expressly provided that the indirect bribery; therefore, indirect bribery has no
penalty for direct bribery shall be IN ADDITION attempted or frustrated stage because outside
TO THE LIABILITY FOR THE CRIME acceptance, no crime is committed.
COMMITTED. Here, he actually altered, actually
committed the crime, therefore his liability for

ARTICLE211-A QUALIFIED BRIBERY A: The crime committed by A in killing B is

ELEMENTS: precedent by a fight, therefore it is merely
1. The offender is a public officer entrusted with law homicide. Homicide is punishable only by
enforcement reclusion temporal. Since it is only punishable by
2. The offender refrains from arresting or reclusion temporal, therefore, qualified bribery is
prosecuting an offender who has committed a not applicable.
crime punishable by reclusion perpetua and/or
death He committed direct bribery, because he
3. The offender refrains from arresting or accepts a bribe, in consideration of an act of
prosecuting the offender in consideration of any refraining to arrest the said criminal. He actually
promise, gift or present. refrain from arresting and prosecuting the
criminal, therefore in addition to direct bribery, he
Qualified bribery is committed by any public officer who also committed dereliction of duty in the
is in charge with the enforcement of the law. So, in order prosecution of offenses because he actually
to amount to qualified bribery, it is necessary that the committed dereliction of duty by refraining from
offender whom the public officer does not want to
arresting the person who has actually committed
prosecute must have committed a crime punishable by
reclusion perpetua and/or death. a crime. So this time, there are 2 crimes
committed:
ILLUSTRATION: DIRECT BRIBERY (ARTICLE 210) AND
Q: A police officer was conducting a patrol. He saw a man DERELICTION OF DUTY IN THE
PROSECUTION OF OFFENSES
behind the tree, looking at the other house adjacent to the
(ARTICLE 208)
tree as if waiting for someone. So the police officer parked
his vehicle and observed what this man would do. The
moment that a man came out of the gate of the house, this ARTICLE 212 CORRUPTION OF PUBLIC OFFICIALS
man hiding behind the tree, immediately went directly to him ELEMENTS:
and shot him 5 times, and killing him instantly. Then, the said 1. The offender makes offers or promises or gives
man rode a motorcycle and left. The police officer chased or presents to a public officer.
him. The Police officer arrested him, however, he gave the 2. That the offers or promises are made or the gifts
police officer P500,000 and told the police officer, Mr. Police or the gifts or presents given to a public officer,
officer, you saw nothing, you heard nothing. And the police under circumstances that will make the public
officer allowed him to leave. What crime/crimes is/are officer liable for direct bribery or indirect bribery.
committed by the said police officer?
A: The said police officer is liable for qualified THE ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA
bribery. The crime committed by the said man is 3019)
murder, because obviously, in his act of killing, PUBLIC OFFICER - a public officer is any elective
there was treachery, the other party was and appointive officials and employees, permanent
defenseless and obviously the said man or temporary, whether in the classified or
deliberately and consciously adopted the ways unclassified or exemption service receiving
means and methods employed by him in killing compensation, even nominal, from the
the victim. Since there was treachery, the crime government. (Sec 2, RA 3019)
committed is murder, punishable by reclusion
perpetua to death. His failure to arrest and JAVIER v SANDIGANBAYAN
prosecute this man constitute qualified bribery Although Javier has been appointed as a
because he did so after accepting P500,000. representative of the private sector, in the book
publishing board attached to the office of the
Q: What if a police officer was conducting a patrol, he saw A president (NBDB), she is still considered as a public
and B fighting, boxing each other, killing each other, until officer; first, the said board functions as a collegial
they already on the ground. In the course thereof, A pulls out body performing public functions; second,
his balisong and stabbed B several times on the heart, a vital according to SC, she was receiving allowance, a
organ. B died instantly. Thereafter, A ran away, the police salary even though nominal, from the government.
officer tried to catch up with A and he was able to arrest A. Hence, she considered as a public officer.
However A, gave the police officer P100,000. The police
officer allowed him to leave. What crime/crimes is/are
committed by the said police officer?

SECTION 3 CORRUPT PRACTICES OF PUBLIC these walis-tingting. But in the case of Nava, there was
OFFICERS conviction but in the case of Caunan, there was an acquittal.
IMPORTANT PROVISIONS OF SECTION 3: Where lies the difference?
(e) Causing any undue injury to any party including the In the case of Nava, the COA officials proved
government, or giving any private party any the overpricing because they bought the very
unwarranted benefits, advantage or preference in the same laboratory materials from the same
discharge of his official, administrative or judicial supplier where the DECS officials bought and
functions through manifest partiality, evident bad faith by reason thereof, it was discovered that there
or gross inexcusable negligence. was indeed an overpricing.
ELEMENTS: However, in the case of Caunan, Joey
1. The said offender was in charge of his official, Marquez bought from a different supplier than
administrative or judicial function where the COA officials bought. The COA
2. That he acted with manifest partiality, evident officials bought from a Las Pinas supplier
bad faith or gross inexcusable negligence which they compared with the price of walis-
3. The said accused caused any undue injury to tingting bought by Joey Marquez. Not only did
any party, including the government, or gave any they buy the said walis-tingting from a different
private party unwarranted benefits, advantage, or supplier, the walis-tingting bought by COA
preference in the discharge of his official functions. officials was of different specifications from
that of the walis-tingting bought by Joey
SANTOS v PEOPLE Marquez and company. Hence, the Supreme
The Supreme Court said that there are two acts Court said that prosecution was not able to
punished under Section 3 (e) of RA 3019: prove beyond reasonable doubt that there was
1. Causing any undue injury; or overpricing. Because the walis-tingting bought
2. Giving any private party any unwarranted by Joey Marquez was very much different from
benefit, advantage or preference the walis-tingting bought by the COA officials.
The law uses the conjunctive or; They were not able to prove beyond
therefore, the fact that the offender reasonable doubt that there was overpricing
causes any undue injury to any party or because of the difference in specifications.
the fact that the offender gave any party
unwarranted benefit, advantage or In both cases, there was NO PUBLIC BIDDING.
preference, they can be charged distinctly
or separately from each other. Will the mere lack of public bidding bring about a
The Supreme Court also stated that the elements violation of Section 3 (g) of RA 3019?
of Sec 3 (e) of RA 3019 The Supreme Court said that mere lack of
UNDUE INJURY means there must be an actual public bidding may mean that the government
damage caused to the offended party. Absent any was not able to get the best price for the thing
actual damage caused to the offended party, then purchased. However, it does not bring about
section 3 (e) is not violated. a violation of Section 3 (g) because what
Section 3 (g) requires is the transaction must
(g) Entering, on behalf of the government, into any be manifestly and grossly disadvantageous to
contract or transaction manifestly and grossly the government and mere lack of public
disadvantageous to the same, whether or not the public bidding will not show such gross and manifest
officer profited or will profit thereby disadvantage.
The public officer entered into any contract or
transaction on behalf of the government. The SECTION 4 PROHIBITION ON PRIVATE INDIVIDUALS
said contract is manifestly and grossly Under Section 4, it is unlawful for any private
disadvantageous to the government. individual who has a close personal relation to
any public officer to request, ask or receive
In NAVA v PALLATTAO, the violation was Section 3 (g). present from any person in any case from
The DECS officials bought laboratory science materials and which the said public officer has to control.
after COA audited, it was discovered that there was an Close personal relation does not only include
overpricing. The same is true in CAUNAN v PEOPLE where family members. It also includes those who
Joey Marquez and company bought walis-tingting, and have social and fraternal relations; therefore
according to the COA auditors, there was also overpricing of even a private individual who is not in

conspiracy of a public officer can be held liable offices or government corporations charged with the grant of
under RA 3019. licenses or permits or other concessions.
Not only public officers but also private
individuals can be held liable under RA 3019. (f) Neglecting or refusing, after due demand or request,
without sufficient justification, to act within a reasonable time
Enumerated corrupt practices of Public Officials on any matter pending before him for the purpose of
obtaining, directly or indirectly, from any person interested in
(a) Persuading, inducing or influencing another public officer
the matter some pecuniary or material benefit or advantage,
to perform an act constituting a violation of rules and
or for the purpose of favoring his own interest or giving
regulations duly promulgated by competent authority or an
undue advantage in favor of or discriminating against any
offense in connection with the official duties of the latter, or
other interested party.
allowing himself to be persuaded, induced, or influenced to
commit such violation or offense.
(g) Entering, on behalf of the Government, into any contract
Persons liable: or transaction manifestly and grossly disadvantageous to the
1. Public officer who persuades, induces, or same, whether or not the public officer profited or will profit
influences another public officer; thereby.
2. Public officer who is persuaded induced or
influenced (h) Director or indirectly having financing or pecuniary
Note: requesting or receiving any gift, present, or benefit is interest in any business, contract or transaction in
not required in this provision. connection with which he intervenes or takes part in his
official capacity, or in which he is prohibited by the
(b) Directly or indirectly requesting or receiving any gift, Constitution or by any law from having any interest.
present, share, percentage, or benefit, for himself or for any
other person, in connection with any contract or transaction
(i) Directly or indirectly becoming interested, for personal
between the Government and any other part, wherein the
gain, or having a material interest in any transaction or act
public officer in his official capacity has to intervene under
requiring the approval of a board, panel or group of which he
the law.
is a member, and which exercises discretion in such
approval, even if he votes against the same or does not
Note:
participate in the action of the board, committee, panel or
the lack of demand is immaterial, the law uses the word
group.
OR between requesting and receiving.
There must be clear intention on the part of the public
officer and consider it as his or her own property from Interest for personal gain shall be presumed against those
then on. Mere physical receipt unaccompanied by any public officers responsible for the approval of manifestly
other sign, circumstance or act to show acceptance is unlawful, inequitable, or irregular transaction or acts by the
not sufficient to lead the court to conclude that the board, panel or group to which they belong.
crime has been committed
Refers to a public officer whose official intervention is (j) Knowingly approving or granting any license, permit,
required by law in a contract or transaction 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
(c) Directly or indirectly requesting or receiving any gift, who is not so qualified or entitled.
present or other pecuniary or material benefit, for himself or
for another, from any person for whom the public officer, in (k) Divulging valuable information of a confidential character,
any manner or capacity, has secured or obtained, or will acquired by his office or by him on account of his official
secure or obtain, any Government permit or license, in position to unauthorized persons, or releasing such
consideration for the help given or to be given, without information in advance of its authorized release date.
prejudice to Section thirteen of this Act.
Note: if damage was caused, Article 229 under the RPC is
(d) Accepting or having any member of his family accept committed.
employment in a private enterprise which has pending
official business with him during the pendency thereof or
SECTION 9 PENALTIES FOR VIOLATIONS
within one year after its termination.
Under Section 9, both private individuals and
public officers have just the same penalty. It is
(e) Causing any undue injury to any party, including the
Government, or giving any private party any unwarranted six years and one month to fifteen years plus
benefits, advantage or preference in the discharge of his forfeiture of the ill-gotten wealth.
official administrative or judicial functions through manifest
partiality, evident bad faith or gross inexcusable negligence. SECTION 7 STATEMENT OF ASSETS AND
This provision shall apply to officers and employees of LIABILITIES & RA 6713

When do the officers file the statement of assets, of the said crime, then it is from the time of the
liabilities and net worth? institution of the criminal perseverance.
The said public officer can file his SALN within 30
days from assumption into office. And then it must SECTION 13 SUSPENSION AND LOSS OF BENEFITS
be filed on or before the 30th day of April of the next Q: What if a public officer, has been charged for violation of
years and within 30 days after separation from the RA 3019, the Ombudsman found probable cause. The case
service. was now filed before the Sandiganbayan. Is it incumbent
In RA 3019, it is stated on or before 15th of April upon the Sandiganbayan to immediately place him under
but there is another law which provides also for the preventive suspension? Is preventive suspension
filing of SALN and that is RA6713 which is the code automatic? Is preventive suspension mandatory?
of ethical standards for public officers. A: Preventive suspension is mandatory but it
Under RA 6713, and this is what is being followed, is not automatic. There must first be a pre-
it must be on or before the 30th day of April. suspension period to determine the validity of the
So you file first within 30 days upon assumption to information. The moment the Sandiganbayan
office and then the years thereafter on or before the discovers the said information is valid, sufficient in
30th day of April and then if you got separated from substance to bring about a conviction, it is now
office, within 30 days from separation from office. mandatory upon the Sandiganbayan to place the
said accused public officer under preventive
SECTION 8 PRIMA FACIE EVIDENCE OF AND suspension.
DISMISSAL DUE TO UNEXPLAINED WEALTH So it is not automatic because there must first be a
When is there a prima facie presumption of graft and pre-suspension period. The only issue in the pre-
corrupt practices? suspension period is the information filed by the
There arises a prima facie presumption of graft and Ombudsman against the said public officer valid, is
corrupt practices if a public officer has been found it sufficient enough to bring about a conviction in
to have in his possession money or property, court? If the answer is yes, immediately, mandatory
whether in his name or in that name of another on the part of the Sandiganbayan, a ministerial
person, which is manifestly out of proportion from duty, the said public officer must be placed under
his lawful income. There arises a prima facie preventive suspension. It it ministerial not
presumption of graft and corrupt practices. discretionary, not either or.
For how long should the suspension be?
SECTION 10 COMPETENT COURT & RA 8429 The suspension must not exceed the
Where do you file a case for violation of RA 3019? maximum of ninety days, in consonance with
You file a case of violation of Article 3019 before Section 52 of the Administrative Code.
the Sandiganbayan. The Sandiganbayan has
jurisdiction unless otherwise provided by law. SECTION 14 - EXCEPTION
There is a law, RA 8429 which provides for the Q: What if a public officer saw an old man waiting line. So
jurisdiction of Sandiganbayan. Under this law, if a the old man received a notice, the notice said that his license
public officer is of salary grade 27 and above, it is ready, it has already been approved. So he was waiting in
must be before the Sandiganbayan. If the public line for the release of his license, it was already approved.
officer is below salary grade 27, it must be before The head of office saw the old man. 85 years old, under the
the RTC. heat of the sun and with his frail body. So the head of office
took the man and the head of office asked the man to his
SECTION 11 PRESCRIPTION OF OFFENSES office. The head of office asked the secretary, Is the license
When is the prescriptive period? of this man approved? The secretary said yes. The head of
Violation for RA 3019 shall prescribe after 15 years. office said, get it. The secretary took it and gave to the head
However, the right of the government to forfeit or to of office. The head of office, upon seeing that it is approved,
recover ill-gotten wealth does not prescribe. So and the man was only waiting for its release, gave it to the
there are no latches and estoppel insofar as the man; therefore the man need not wait in the long line. The
right of the government to recover ill-gotten wealth man was so thankful that the following day, the man went
is concerned. back to the office with two big bilaos of bibingka to the said
head of office to say thank you. The said head of office
When do you start counting the running of the received two big bilaos of bibingka. Is the said head of office
prescriptive period of crime? liable under RA 3019?
From the time the crime has been committed or if it A: No. It falls under the exception. Under Section
is not known, that is from the time of the discovery 14, unsolicited gifts or presents of small or insignificant value

offered or given as a mere ordinary token of friendship or Sec. 4. Rule of Evidence. For purposes of establishing the
gratitude, according to local customs or usage is excepted crime of plunder, it shall not be necessary to prove each and
from the provisions of RA 3019; therefore the said public every criminal act done by the accused in furtherance of the
scheme or conspiracy to amass, accumulate or acquire ill-
officer will not be held criminally liable.
gotten wealth, it being sufficient to establish beyond
reasonable doubt a pattern of overt or criminal acts indicative
of the overall unlawful scheme or conspiracy.
RA 7080: ANTI-PLUNDER ACT
Sec. 6. Prescription of Crime. The crime punishable under
Ill-gotten wealth this Act shall prescribe in twenty (20) years. However, the
- means any asset, property, business enterprise or material right of the State to recover properties unlawfully acquired
possession of any person within the purview of Section two by public officers from them or from their nominees or
(2) hereof, acquired by him directly or indirectly through transferees shall not be barred by prescription, laches, or
dummies, nominees, agents, subordinates and/or business estoppel.
associates by any combination or series of the following
means or similar schemes:
1. Through misappropriation, conversion, misuse, or RA 9745 ANTI-TORTURE ACT:

malversation of public funds or raids on the public treasury;
Torture refers to:
2. By receiving, directly or indirectly, any commission, gift, 1. an act by which severe pain or suffering, whether
share, percentage, kickbacks or any/or entity in connection physical or mental, is intentionally inflicted on a
with any government contract or project or by reason of the person for such purposes as obtaining from him/her
office or position of the public officer concerned; or a third person information or a confession;
2. punishing him/her for an act he/she or a third
3. By the illegal or fraudulent conveyance or disposition of person has committed or is suspected of having
assets belonging to the National government or any of its committed;
subdivisions, agencies or instrumentalities or government- 3. or intimidating or coercing him/her or a third person;
owned or controlled corporations and their subsidiaries; 4. or for any reason based on discrimination of any
kind, when such pain or suffering is inflicted by or
4. By obtaining, receiving or accepting directly or indirectly at the instigation of or with the consent or
any shares of stock, equity or any other form of interest or acquiescence of a person in authority or agent of a
participation including the promise of future employment in person in authority.
any business enterprise or undertaking;
It does not include pain or Buffering arising only from,
5. By establishing agricultural, industrial or commercial inherent in or incidental to lawful sanctions.
monopolies or other combinations and/or implementation of
decrees and orders intended to benefit particular persons or Acts of torture:
special interests;or
(a) Physical torture is a form of treatment or punishment
6. By taking undue advantage of official position, authority,
inflicted by a person in authority or agent of a person in
relationship, connection or influence to unjustly enrich
authority upon another in his/her custody that causes severe
himself or themselves at the expense and to the damage and
pain, exhaustion, disability or dysfunction of one or more
prejudice of the Filipino people and the Republic of the
parts of the body, such as:
Philippines
Sec. 2. Definition of the Crime of Plunder, Penalties. Any (1) Systematic beating, headbanging, punching,
public officer who, by himself or in connivance with members kicking, striking with truncheon or rifle butt or other
of his family, relatives by affinity or consanguinity, business similar objects, and jumping on the stomach;
associates, subordinates or other persons, amasses,
accumulates or acquires ill-gotten wealth through a (2) Food deprivation or forcible feeding with spoiled
combination or series of overt or criminal acts as described food, animal or human excreta and other stuff or
in Section 1 (d) hereof, in the aggregate amount or total substances not normally eaten;
value of at least Fifty million pesos (P50,000,000.00), shall
be guilty of the crime of plunder and shall be punished by life
(3) Electric shock;
imprisonment with perpetual absolute disqualification from
holding any public office. Any person who participated with
the said public officer in the commission of plunder shall (4) Cigarette burning; burning by electrically heated
likewise be punished. In the imposition of penalties, the rods, hot oil, acid; by the rubbing of pepper or other
degree of participation and the attendance of mitigating and chemical substances on mucous membranes, or
extenuating circumstances shall be considered by the court. acids or spices directly on the wound(s);

(5) The submersion of the head in water or water (6) Causing unscheduled transfer of a person
polluted with excrement, urine, vomit and/or blood deprived of liberty from one place to another,
until the brink of suffocation; creating the belief that he/she shall be summarily
executed;
(6) Being tied or forced to assume fixed and
stressful bodily position; (7) Maltreating a member/s of a person's family;
(7) Rape and sexual abuse, including the insertion (8) Causing the torture sessions to be witnessed by
of foreign objects into the sex organ or rectum, or the person's family, relatives or any third party;
electrical torture of the genitals;
(9) Denial of sleep/rest;
(8) Mutilation or amputation of the essential parts of
the body such as the genitalia, ear, tongue, etc.; (10) Shame infliction such as stripping the person
naked, parading him/her in public places, shaving
(9) Dental torture or the forced extraction of the the victim's head or putting marks on his/her body
teeth; against his/her will;
(10) Pulling out of fingernails; (11) Deliberately prohibiting the victim to

communicate with any member of his/her family;
(11) Harmful exposure to the elements such as and
sunlight and extreme cold;
(12) Other analogous acts of mental/psychological
(12) The use of plastic bag and other materials torture.
placed over the head to the point of asphyxiation;
Any confession, admission or statement obtained as a result
(13) The use of psychoactive drugs to change the of torture shall be inadmissible in evidence in any
perception, memory. alertness or will of a person, proceedings, except if the same is used as evidence against
such as: a person or persons accused of committing torture.
Rights of Tortured Victims:

(i) The administration or drugs to induce confession
and/or reduce mental competency; or
(a) To have a prompt and an impartial investigation by the
CHR and by agencies of government concerned such as the
(ii) The use of drugs to induce extreme pain or Department of Justice (DOJ), the Public Attorney's Office
certain symptoms of a disease; and (PAO), the PNP, the National Bureau of Investigation (NBI)
and the AFP. A prompt investigation shall mean a maximum
(14) Other analogous acts of physical torture; and period of sixty (60) working days from the time a complaint
for torture is filed within which an investigation report and/or
(b) "Mental/Psychological Torture" refers to acts committed resolution shall be completed and made available. An
by a person in authority or agent of a person in authority appeal whenever available shall be resolved within the same
which are calculated to affect or confuse the mind and/or period prescribed herein,
undermine a person's dignity and morale, such as:
(b) To have sufficient government protection against all
(1) Blindfolding; forms of harassment; threat and/or intimidation as a
consequence of the filing of said complaint or the
presentation of evidence therefor. In which case, the State
(2) Threatening a person(s) or his/fher relative(s) through its appropriate agencies shall afford security in order
with bodily harm, execution or other wrongful acts; to ensure his/her safety and all other persons involved in the
investigation and prosecution such as, but not limited to,
(3) Confinement in solitary cells or secret detention his/her lawyer, witnesses and relatives; and
places;
(c) To be accorded sufficient protection in the manner by
(4) Prolonged interrogation; which he/she testifies and presents evidence in any fora in
order to avoid further trauma.
(5) Preparing a prisoner for a "show trial", public
display or public humiliation of a detainee or Who are Criminally Liable. - Any person who actually
prisoner; participated Or induced another in the commission of torture
or other cruel, inhuman and degrading treatment or
punishment or 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 Note:
as principal
Torture as a crime shall not absorb or shall not be
Any superior military, police or law enforcement officer or absorbed by any other crime or felony committed
senior government official who issued an order to any lower as a consequence, or as a means in the conduct or
ranking personnel to commit torture for whatever purpose commission thereof. In which case, torture shall be
shall be held equally liable as principals. treated as a separate and independent criminal act
whose penalties shall be imposable without
The immediate commanding officer of the unit concerned of prejudice to any other criminal liability provided for
the AFP or the immediate senior public official of the PNP by domestic and international laws. (Sec 15)
and other law enforcement agencies shall be held liable as Persons who have committed any act of torture
a principal to the crime of torture or other cruel or inhuman shall not benefit from any special amnesty law or
and degrading treatment or punishment for any act or similar measures that will have the effect of
omission, or negligence committed by him/her that shall exempting them from any criminal proceedings and
have led, assisted, abetted or allowed, whether directly or sanctions. (sec 16)
indirectly, the commission thereof by his/her subordinates. If
he/she has knowledge of or, owing to the circumstances at REFOULER- No person shall be expelled, returned or
the time, should have known that acts of torture or other extradited to another State where there are substantial
cruel, inhuman and degrading treatment or punishment shall grounds to believe that such person shall be in danger of
be committed, is being committed, or has been committed being subjected to torture.
by his/her subordinates or by others within his/her area of
responsibility and, despite such knowledge, did not take
preventive or corrective action either before, during or
CHAPTER THREE FRAUDS AND ILLEGAL
immediately after its commission, when he/she has the
EXACTIONS AND TRANSACTIONS
authority to prevent or investigate allegations of torture or
other cruel, inhuman and degrading treatment or
ARTICLE 213 FRAUDS AGAINST THE PUBLIC
punishment but failed to prevent or investigate allegations of
TREASURY AND SIMILAR OFFENSES
such act, whether deliberately or due to negligence shall also
Article 213 punishes two (2) acts:
be liable as principals.
1. Fraud against public treasury (par.1)
2. Illegal exactions (par. 2)
Any public officer or employee shall be liable as an
accessory if he/she has knowledge that torture or other ELEMENTS OF FRAUD AGAINST PUBLIC TREASURY
cruel, inhuman and degrading treatment or punishment is (ART. 213, PAR. 1):
being committed and without having participated therein, 1. That the offender is a public officer
either as principal or accomplice, takes part subsequent to 2. that he should have taken advantage of his office, that
its commission in any of the following manner: is he intervened in the transaction of his official capacity
3. That he entered into an agreement with any interested
(a) By themselves profiting from or assisting the party or speculator or made use of any other scheme
offender to profit from the effects of the act of with regard to:
torture or other cruel, inhuman and degrading (1) furnishing supplies
treatment or punishment; (2) the making of contracts
(3) the adjustment or settlement of accounts
relating to public property or funds
(b) By concealing the act of torture or other cruel, 4. That the accused had intent to defraud the Government
inhuman and degrading treatment or punishment
and/or destroying the effects or instruments thereof So here, the public officer took advantage of his official
in order to prevent its discovery; or(c) By harboring, position in entering into contract which involves the
concealing or assisting m the escape of the furnishing of supplies, or which involves public funds or
principal/s in the act of torture or other cruel, property and the intention is to DEFRAUD THE
inhuman and degrading treatment or punishment: GOVERNMENT. It is not necessary that the Government,
Provided, That the accessory acts are done with the treasury be actually be defrauded, it suffices that
the abuse of the official's public functions. entering in the said contract, the intention of the said
offender, the public officer, is to defraud the Government.
Aggravating Circumstances in torture:
(1) Torture resulting in the death of any person; ELEMENTS OF ILLEGAL EXACTION (ART. 213, PAR. 2)
(2) Torture resulting in mutilation; 1. That the offender is a public officer entrusted with the
(3) Torture with rape; collection of taxes, licenses, fees and other imposts.
(4) Torture with other forms of sexual abuse and, in 2. He is guilty of any of the following acts or omissions:
consequence of torture, the victim shall have become (1) Demanding, directly or indirectly, the payment of
insane, imbecile, impotent, blind or maimed for life; and sums different from or larger than those authorized
(5) Torture committed against children. by law; or

(2) Failing voluntarily to issue a receipt, as provided by Q: So what if it was January 2, all kinds of payment are being
law, for any sum of money collected by him made at the start of the year. So the collecting officer in the
officially; or treasurers office rans out of official receipt (O.R.). And so he
(3) Collecting or receiving, directly or indirectly, by way got a half sheet of typewriting paper and he note there about
of payment or otherwise, things or objects of a the said payment and a provisional receipt and he gave it to
nature different from that provided by law. the same person who made the payment. Is the said
collecting officer liable of illegal exaction?
Here, the offender is a COLLECTING PUBLIC A: He IS NOT. Because he did not voluntarily fail
OFFICER. A public officer who has been entrusted with duty to issue the said O.R. He ran out of the said
to collect taxes, licenses, fees or other imposts. Only this O.R., it was not voluntary on his part. It was an
kind of public officer can commit this crime because emergency situation. It is good that she even
ILLEGAL EXACTION involves violation of rules on gave a provisional receipt as a proof of payment.
collection. In this case, he cannot be held liable for illegal
exaction.
1st Act - Demanding, directly or indirectly, the payment of
sums different from or larger than those authorized by law;or 3rd Act - Collecting or receiving, directly or indirectly, by way
of payment or otherwise, things or objects of a nature
ILLUSTRATION: different from that provided by law.
Q: There was this cashier in the city treasurers office. Here
comes X, X said that he is going to get a cedula (residence Here, under the third act, it does not refer to the
certificate) and then X said, How much am I going to pay? amount of payment. It refers to the KIND OR NATURE OF
and then, the cashier or the collecting officer said, you have PAYMENT. So, when the law says that it should be paid in
to pay Php200 but it is actually Php20. X said, hmp, cash, ONLY CASH may be received by the said collecting
angmahalpala, ayokona. and so he left. Is the said officer.
collecting officer liable of any crime?
A:YES, he is liable. For merely demanding an ILLUSTRATION:
amount larger than that authorized by law, he is So the collecting officer is known as a sabungero. So
already liable for ILLEGAL EXACTION under here comes one of the persons who was making payment.
Article 213, Par. 2. He has no money, but said, he has a magandangtandang.
And so, that was the payment received. He commits a
Q: He is already liable, he merely demanded, but what if in violation of illegal exaction.
the same problem, X said he was going to get a cedula. The
collecting officer saw him and he appears to be poor man Q: What if the person who demanded an amount or different
and so X asked the collecting officer, How much am I going from or larger than that which is provided for by law is an
to pay? and the collecting officer took pity of X and said, officer, a collecting officer from the Bureau of Internal
Only Php 10. So, the poor man said, Oh, I have more Revenue, or a collecting officer form the Bureau of Customs.
money, Ill get two. Is the collecting officer liable of any Is he liable under Article 213?
crime? A: He is not liable for illegal exaction under
Art. 213. He is liable under the Tax Code or
A:YES, he is liable because he demanded an under the Tariffs and Customs Code. Under Art.
amount different from that authorized by law. Note 213, it is expressly provided that if the collecting
that what the law requires is the demanding of an officer is a collecting officer coming from the
amount, directly or indirectly, different from or Bureau of Internal Revenue or Bureau of
larger than those authorized by law. Therefore, Customs is not liable under this Article. The
even if it is lower, so long as it is different from that reason here is that, this collecting officer from
provided by law, and so long as it is demanded by the BIR and the BOC, have the right to ask for
the said collecting officer, then it is considered as penalties, surcharges, and compromise.
ILLEGAL EXACTION. Therefore, they can always demand and amount
different from or that which is larger than that
It is not necessary for the said collecting officer to authorized by law. If they exceeded that
have misappropriate the funds, the moment that he authority, then they are liable under the Tariffs
misappropriates the funds, in addition to illegal and Customs Code or under the Tax Code, but
exaction, he may also be held liable for NOT UNDER THE RPC.
MALVERSATION, because Illegal Exaction is only
about the rules on collection. It has nothing to do
with the appropriation or misappropriation of funds ARTICLE 214 OTHER FRAUDS
or property. Only a violation of the rules on ELEMENTS:
collection. 1. Offender is a public officer
2. He takes advantage of his official position
2nd Act - Failing voluntarily to issue a receipt, as provided by 3. He commits any of the frauds or deceits enumerated in
law, for any sum of money collected by him officially; Articles 315-318
ILLUSTRATION:

If any of the public officer commits any of the frauds or 1. Appropriating public funds or property
deceits constituting ESTAFA or SWINDLING, under Art. 2. Taking or misappropriating the same
315-318, and he does so by taking advantage of his official 3. Consenting, through abandonment or negligence,
position, his criminal liability is Other Frauds under Art. 214. permitting any other person to take such public funds or
- Not estafa, Not swindling. the reason is that in property
case of a public officer, there is additional penalty. 4. Being otherwise guilty of the misappropriation or
If you look at Article 214, the law says that the malversation of such funds or property
penalty is the same penalty as the first offense
under Art. 315-318. But additional to that, Malversation of Public Funds and Property can be
temporary disqualification to perpetual committed either through a positive act, that is, that the said
disqualification for having taken advantage of his public officer is the one who misappropriates, takes or
official position. Therefore, if it is a public officer appropriates the public funds and property, OR, through a
who commits estafa or swindling, the crime is passive act, that is, through his abandonment or negligence,
under Art. 214 and there is an additional penalty. he permitted others to misappropriate the same.
ARTICLE 215 PROHIBITED TRANSACTIONS - Malversation can be committed either through a

ELEMENTS: positive act, which is through deliberate intent or
1. Offender is an appointive public officer through dolo. He is the one who appropriates or
2. He becomes interested, directly or indirectly in any misappropriates, who took the the said public funds
transaction of exchange or speculation or property
3. Transaction takes place within the territory subject to his - Passive Act which is through his abandonment or
jurisdiction negligence, or cupla. he allowed others to
4. He becomes interested in the transaction during his appropriate or misappropriate the said public funds
incumbency or property
ARTICLE 216 POSSESSION OF PROHIBITED When is there prima facie presumption of malversation?
INTEREST BY A PUBLIC OFFICER - Under Article 217, there arises prima facie
PERSONS LIABLE: presumption of malversation of public funds or
1. Public Officer who, directly or indirectly, became property when demand is made by a duly authorized
interested in any contract or business in which it was his officer to an accountable public officer to account for
official duty to intervene. public funds or property, and the same is not
2. Experts, arbitrators, and private accountants who, in like forthcoming
manner, took part in any contract or transaction
connected with the estate or property in the appraisal, ILLUSTRATION:
distribution or adjudication of which they had acted So the COA auditor, appeared and conducted an
3. Guardians and executors with respect to the property audit He demanded for the said amount, the said
belonging to their wards or the estate accountable public officer cannot reduce the said amount.
There arises the prima facie presumption that he has
CHAPTER FOUR MALVERSATION OF PUBLIC FUNDS malverse the said public funds or property. Although that is
OR PROPERTY what is written under Article 217, last paragraph. The
Supreme Court in the number of cases said:
ARTICLE 217 MALVERSATION OF PUBLIC FUNDS OR Mere shortage in audit will not suffice. For the Prima
PROPERTY (PRESUMPTION OF MALVERSATION) facie presumption to arise the following requisites must
ELEMENTS: be present: - It is necessary that there must be
1. Offender is a public officer or employee complete, thorough and reliable audit.
2. He has the custody or control of funds or property by - In the said complete, thorough and reliable audit,
reason of the duties of his office the following were discovered:
3. Those funds or property were public funds or property a. The public officer indeed receive the public
for which he was accountable funds or property. That is, he is an
4. He appropriated, took, misappropriated or consented, accountable public officer
or through abandonment or negligence, permitted b. The said public funds and property was
another person to take them missing, or there was a shortage, or he cannot
produce it, and
Who is the offender? c. The said public officer cannot give a justifiable
- The offender is an accountable public officer. An reason, a legal excuse for the said shortage
accountable of public officer is an officer in the or missing of public funds or property.
course of the performance of his duties, receives
funds or property from the government which he If all of these are present, the Supreme Court says
has the obligation to account later. So he has in his that there arises the prima facie presumption that there is
custody, public funds or public property and he has malversation of public funds or property. Therefore, there
the obligation to account these to the Government. may NOT be direct evidence to convict one for malversation
of public funds or property. Obviously, there cannot be any
Punishable acts: witness, because when you say direct evidence, there is a

witness. Of course, he would not let anyone see him Q: What if, in the same problem, after the COA auditor found
malversing the funds. It suffices in the audit, these three out that Php 2000 was missing, A was charged with
things were discovered. If these three are discovered, then Malversation of public funds and property through dolo. So,
there arises the prima facie presumption that there is a so- in the information, it was stated that he is the one who
called MALVERSATION OF PUBLIC FUNDS OR misappropriate, appropriates or has taken the said public
PROPERTY funds, and so he was charged with Malversation through
dolo, through deliberate intent. That was the case filed
ILLUSTRATION: against him because they did not know that it was B who
Q: What if a man was walking, in the middle of the night, a took the money. So, the presumption is that, he is the one
police officer who was conducting a patrol saw something who took the money, who appropriated it. During the trial of
bulging on his waist. The police officer stopped him and the merits, during the presentation of the defense evidence,
frisked him and there, they saw a firearm. They ask for the when it was already As term to testify, it was divulged or
license, the said man could not produce the license for the disclosed to the court that it was in fact another cashier, B
said firearm. He was arrested for illegal possession of who misappropriated the said funds through the negligence
unlicensed firearm, and the firearm was confiscated. During of A. And by reason of this evidence presented in court, the
the trials of the case, the fiscal move for subpoena for the said judge, convicted A of Malversation through culpa, in an
custodian of the said firearm. The custodian appeared but information of malversation through dolo. Is the judge
failed to bring the firearm. He had already sold the said correct? can he convict A?
firearm confiscated. What crime is committed by the said A: Yes, the judge is correct. The reason is that,
custodian? according to the Supreme Court, whether
A: He is liable for Malversation under Article 217. Malversation is committed through deliberate intent
or culpa, DOLO and CULPA are merely modalities
Q: His contention was, it cannot be malversation, because of committing the crime. Nevertheless, it is still
the firearm was owned by a private person. It is not a public malversation, and if you look at Article 217, whether
property, therefore I cannot be held liable for malversation. malversation is committed through deliberate intent
Is the contention correct? or through negligence, they just have one and the
A: His contention is wrong. The said firearm same penalties. Further, the Supreme Court said,
has already been confiscated by public Malversation through negligence or culpa is
authority, therefore it is now deemed, NECESSARILY INCLUDED in Malversation
CUSTODIA LEGIS. The moment it is in through deliberate intent or dolo. Hence, even if the
custodialegis, it loses its character as a private information is Malversation through dolo, one can
property and it now assumes a character of a be convicted of Malversation through Culpa or
public property. Hence the crime committed is Negligence.
Malversation.
Q: What if, there was this rape in a warehouse, in the course
Q: What if, there was this collecting officer, a cashier, and of the said rape, dangerous drugs worth millions of pesos
there were many persons paying. And the long line persons were confiscated and they were placed in the PDEA
paying, one cashier said that he needed to answer the call warehouse. The persons therein were charged with illegal
of nature, and so he asked another fellow cashier to look possession of dangerous drugs. In the course of the hearing
after his drawer, and so, he left and went to the restroom. in this possession of dangerous drugs, the court sent a
But he also left the key of his drawing on the key holder. And subpoena to the PDEA custodian, to bring to the Court the
so, the moment he left, his fellow cashier went to his drawer said dangerous drugs which were confiscated. And so, on
and opened it and took Php 2000 from the collection of A on the designated day, the said PDEA agent boarded all the
the same day. Then A arrived, and he then accepted dangerous drugs confiscated in a PDEA van and off he went
collections. In the afternoon, there was a surprise audit to the Court. However, before the PDEA agent could reach
coming from the COA. and it was discovered that based on the court, here comes two motorcycles who went in and fired
the receipts, The php 2000 were missing from the collection at him, and he fell on his seat, lifeless. And then, a big vehicle
of A. Therefore, A was charged. What crime if any, has been arrived at the back of the said PDEA van and took all the
committed by A? Is A liable for malversation? said dangerous drugs. Now the said PDEA agent was
brought into the hospital and despite the fatal wound,
A: Yes, he is liable for malversation through because of the immediate medical intervention, he survived.
negligence. That is the passive act. That is through Is he liable of any crime?
his abandonment or negligence, he permitted
another person, Cashier B to misappropriate a part A: Yes, he is liable of Malversation of public
of his collection for the day. Hence A is also liable funds or property under Article 217 through
for Malversation. Not B, but A, the one who went to Negligence. There was inexcusable negligence
the restroom, because he is the one accountable on his part said the Supreme Court, because all by
for the said public funds in his drawer. himself, carried the millions worth of dangerous
drugs in the PDEA van, considering the value of the
That other person, B, who took the said property is said dangerous drugs, he should have asked for
liable for qualified theft. because he was entrusted back up. Yes, he survived, but he was charged with
with the same funds, and he took the same funds. Malversation of public funds or property through
CULPA.

4. He applies the same to a public use other than that for

Q: What if, there is a public officer whose office is in pasay. which such fund or property has been appropriated by
He is going to have a meeting in Caloocan. And so he went law or ordinance.
to Caloocan in one afternoon and attended the said meeting.
He had to go to pasay in order to make a report, However, ILLUSTRATION:
the traffic was heavy, so instead of using his car on the way Q: What if a public officer has under his administration public
back, he rode the LRT. Upon reaching the office, he realized funds which is for a certain project. So let us say that X is the
that his bag was opened, and the cellphone which was city administrator. Under his administration, there was
__5:17___ by the Government was already gone. By reason Php500,000, the said Php 500,000 was for the construction
thereof, he was charged with Malversation under Article 217 of a bridge between one barangay to another barangay.
because through his negligence, the cellphone which was Then suddenly there was a typhoon, a big typhoon and many
____ to him by the Government and for which he is of the constituents were rendered homeless. And so, they
accountable to the Government was now missing. It was had to stay in the basketball court, they need food, clothing,
taken or stolen by somebody. Is he liable? He was convicted water and other basic needs. And so, the city administrator
by the SandiganBayan but when it came to the Supreme made use of the Php 500,000 under his administration to buy
Court, the Supreme Court acquitted him. these basic needs of his constituents. Is the said public
officer, the city administrator liable of any crime?
A: According to the Supreme Court, there was no
negligence on the part of the said public officer. He A: Yes, he is liable for technical Malversation
cannot be faulted for having taken the LRT under Article 220.
because of the said heavy traffic. It cannot be said
that there was negligence on his part in placing the BEST EXAMPLE:
cellphone inside his bag, because, where else GMA and other head of Philhealth before was
would you place a cellphone but inside the bag for charged by Frank Chavez because of Technical
safekeeping. It would have been different while on Malversation because of transfer of COA funds, which was
board, he was using the said cellphone. Hence, the used for Philhealth purposes during the elections. And so,
Supreme Court said, there was no negligence and because of that, according to Frank Chavez, they are liable
therefore, although convicted by the for Malversation. They were charged with Technical
SandiganBayan, he was acquitted by the Supreme Malversation. But their contention was there was a law that
Court. allowed it. If there was a law that allowed it, then, there was
no violation. But, if there is no law, there is an illegal transfer
ARTICLE 218 FAILURE OF ACCOUNTABLE OFFICER of funds, therefore, technical Malversation will resolve.
TO RENDER ACCOUNTS
ELEMENTS: ARTICLE 217 ARTICLE 220
1. Offender is a public officer, whether in the service or The public officer The public officer did not
separated therefrom misappropriates the fund misappropriate the funds
2. He must be an accountable officer for public funds or for his personal use. for his personal use, he
property used it for another public
3. He is required by law or regulation to render accounts purpose other than that
to the Commission on Audit, or to a provincial Auditor which has been
4. He fails to do so for a period of two months after such appropriated by law or
accounts should be rendered ordinance that is why it is
TECHNICAL
ARTICLE 219 FAILURE OF RESPONSIBLE PUBLIC MALVERSATION the
OFFICER TO RENDER ACCOUNTS BEFORE LEAVING offense is on the
THE COUNTRY technicality of the use of
ELEMENTS: funds.
1. Offender is a public officer
2. He must be an accountable officer for public funds or The public officer has in his The public officer has in his
property possession public funds or possession public funds or
3. He must have unlawfully left (or be on the point of property for safekeeping. It property is only under his
leaving) the Philippines without securing from the is under his custody and administration. Not for
Commission on Audit a certificate showing that his control and therefore it is for safekeeping, but only for
accounts have been finally settled his safekeeping and he has the purpose of
the obligation to account it administrating it that is, for
ARTICLE 220 ILLEGAL USE OF PUBLIC FUNDS OR later on to the Government applying it for the purpose
PROPERTY (Technical Malversation) which it has been
ELEMENTS: appropriated by law or
1. Offender s a public officer ordiance
2. there is a public fund or property under his
administration ARTICLE 221 FAILURE TO MAKE DELIVERY OF
3. Such public fund or property has been appropriated by PUBLIC FUNDS OR PROPERTY
law or ordinance ELEMENTS:

1. That the public officer has government funds in his 4. Offender consents to the escape of the prisoner or
possession person under arrest or that the escape takes place
2. That he is under obligation to make payments from such through his negligence
funds
3. That he fails to make payment maliciously Whether it be under Art. 223, 224, 225, the offender
infidelity in the custody of prisoners is one who has been
Punishable acts: entrusted with the custody and charge of the prisoner.
1. Failing to make payment by a public officer who is under Whether the prisoner is a prisoner convicted by final
obligation to make such payment from Government judgment or a detention prisoner. He must be charged, he
funds in his possession must be the custodian of the said prisoner because the
2. Refusing to make delivery by a public officer who has essence of the crime is the violation of the trust reposed on
been ordered by competent authority to deliver any him. Because prisoners are accountabilities of the
property in his custody or under his administration Government.
ARTICLE 222 OFFICERS INCLUDED IN PRECEDING Can a private individual commit infidelity?
PROVISIONS - Yes, under Art. 225. If he is entrusted with the
Private Individual who may be liable under Art. 217-221: custody of this prisoner and the prisoner escapes,
1. Private Individual who in any capacity whatsoever, have either in connivance with him or through his
charge of national, provincial or municipal funds, negligence, then his liability is infidelity in the
revenue or property custody of prisoners
2. Administrator, depository of funds or property attached,
seized or deposited by public authority even if such ILLUSTRATION:
property belongs to a private individual Q: A has been charged with illegal sale of dangerous drugs.
3. Those who acted in conspiracy in malversation She is behind bars, it is a non-bailable offense, and
4. Accomplice and accessories to malversation therefore, while the case is ongoing, she is behind bars. So,
it was the hearing date, she was accompanied by the jail
Can private property be the subject of Malversation? warden, the jail guard to the court, and after trial, there was
- YES, under the 2nd act in Article 222, that is when this husband and two children of the said woman who was
the said funds or property has been attached, seized in jail. The husband and two children talked, and when the
or deposited by public authority, it now becomes in said woman prisoner was about to be brought to jail, the
custodialegis and it now assumes the character of husband talked to the jail warden. He invited the jail warden
being public funds or property. If any are for a merienda, in a canteen inside the hall of justice. And
misappropriated, then the crime committed is so, the jail warden saw nothing wrong and so, he had
Malversation and not theft. merienda with the woman prisoner, the husband and the two
children. The handcuffs had to be removed for the woman
INFIDELITY IN THE CUSTODY OF PRISONERS (Articles prisoner to eat. After eating, the woman prisoner said that
223, 224, 225) she needed to answer the call of nature, and so, she went to
ARTICLE 223 CONNIVING WITH OR CONSENTING TO the restroom, also inside or within the hall of justice. The jail
EVASION guard allowed her inside while the jail guard was left outside,
ELEMENTS: waiting. Hours passed, no woman prisoner came out. It so
1. Offender is a public officer happens that the said husband put some disguise for the
2. He has in his custody or charge a prisoner, either woman to use so that she could escape without being
detention prisoner or prisoner by final judgment noticed by the said jail guard, and woman prisoner was able
3. Such prisoner escaped from his custody to escape without being noticed by the said jail guard. Is the
4. That he was in connivance with the prisoner in the said jail guard liable for infidelity in the custody of prisoner,
latters escape, or is with his consent or is it a mere laxity which would not amount to infidelity in
the custody of prisoner?
ARTICLE 224 EVASTION THROUGH NEGLIGENCE
ELEMENTS: A: People vs. Nava The Supreme Court said that
1. Offender is a public officer mere laxity would not amount to negligence under
2. He is charged with the conveyance or custody of a Art. 224. Because according to the Supreme Court
prisoner, either detention prisoner or prisoner by final in that old case, the negligence being required in
judgment order that a public officer may be entitled, must be a
3. Such prisoner escapes through his negligence deliberate non-performance of his duty. Here, it is
only a mere laxity on the part of the said public
ARTICLE 225 ESCAPE OF PRISONER UNDER THE officer for not having accompanying the said woman
CUSTODY OF A PERSON NOT A PUBLIC OFFICER in the rest room.
ELEMENTS:
1. Offender is a private individual Rodriguez vs. SandiganBayan(new case) The
2. Conveyance (or charge) of custody of prisoner or Supreme Court said otherwise. According to the
person under arrest is confided to him Supreme Court, the moment that a public officer, a
3. Prisoner or person under arrest escapes jail warden has accompanied a prisoner outside jail,
he must not have lost sight of the said prisoner. The

only obligation of the said jail warden after the trial MERE ACT OF OPENING the said closed document
was to bring her back to the court. The fact that the will give rise to the crime.
said jail guard allowed himself to have a merienda,
and even allowed the woman prisoner to go to the ILLUSTRATION:
restroom alone, there was laxity on the part of the Q: What if A has been charged with illegal sale of dangerous
said jail guard. The Supreme Court said, LAXITY is drugs. The case was on trial, during the trial of the case, the
a deliberate non-performance of his official duty as fiscal presented the first police officer who acted as the
the guard of the said prisoner, thereby amounting to poseur buyer in the course of the testimony of the police
infidelity in the custody of prisoner under Art. 224. officer, the fiscal produced and showed to him for
identification the marked money. So the marked money
INFIDELITY IN THE CUSTODY OF DOCUMENTS consists of 5, 100 peso bill. The fiscal presented it to the
(ARTICLES 226, 227, 228) police and the police identified it as indeed the marked
ARTICLE 226 REMOVAL, CONEALMENT OR money because of the serial numbers and because of the
DESTRUCTION OF DOCUMENT markings, and thereafter the marked money have been
ELEMENTS: marked as Exhibit A, B, C, D, E for the prosecution. After the
1. Offender is a public officer trial, they were placed inside an envelope and given to the
2. He removes, destroys, or conceals documents or clerk of court, the custodian of the evidence which have
papers already been marked. So trial ended that day, it was now
3. Said documents or papers should have been entrusted lunch time. The clerk of court was on her table and so the
to such public officer by reason of his office vendor arrived. The clerk of court wanted to buy lunch and
4. Damage, whether serious or not, to a third party or to she said, how much. The vendor said it costs 50 peso. The
the public interest should have been caused clerk of court pulled out her money; it was a 1000 peso bill.
The vendor said, anglakinamanniyan, walaakongpanukli
Under Article 226, in order for infidelity in the custody of And so, by reason thereof, he gave it back to the clerk of
documents to arise, it is necessary that there be damage court. The clerk of court said that she had no smaller bills,
caused to a third person or to the public interest. If damage and he remembered the exhibits. And so, he took 100 peso
is serious, the penalty is QUALIFIED, therefore, the damage bill, marked as Exhibit E. And she paid it to the vendor and
may or may not be serious provided that there is damage, the vendor gave him the change of 50 peso. After eating,
the crime will arise. before 1:00, the said clerk of court immediately went outside
DAMAGE IS NECESSARY in order to give rise to to change her big 1000 peso bill into smaller bills. When he
infidelity in the custody of documents. now has these smaller bills, he got one 100 peso bill and
marked it as Exhibit E and then he signed it and placed it
ARTICLE 227 OFFICER BREAKING SEAL inside the envelope. Here comes the next hearing date, on
ELEMENTS: the next hearing date, another police officer was presented,
1. Offender is a public officer the fiscal produced the said documentary exhibits, the
2. He is charged with the custody of papers or property marked money and asked it from the clerk of court. So the
3. These papers or property are sealed by proper authority fiscal showed it to the police officer, the police officer
4. He breaks the seals or permits them to be broken identified Exhibits A, B, C, D. However, when it comes to
exhibit E, the police officer said, Your Honor, it has a
Under Article 227, officer breaking the seal, infidelity in different serial number from the one in our sworn statement
the custody of prisoners to arise, even without damage and so because of that, an investigation happened and the
caused to a third party or to public interest. Damage is NOT court learned that it was taken by said clerk of court and used
an element. in buying food. What crime, if any is committed by the said
MERE BREAKING of the seal of the document will clerk of court? Is it malversation or is it infidelity in the
already consummate the crime. custody of documents?
A: The crime committed is infidelity in the

ARTICLE 228 OPENING A CLOSED DOCUMENT custody of documents under Art. 226 by the
ELEMENTS: public officer in destroying the said document.
1. Offender is a public officer This marked money becomes documentary
2. Any closed papers, documents, or objects are entrusted evidence, the moment they have been marked as
to his custody exhibits. Money here is not used as a medium of
3. He opens or permits to be opened said closed papers, exchange, but as documents because they have
documents or objects been marked as documentary evidence. The
4. He does not have proper authority moment they have been taken, removed,
concealed or destroyed, the crime committed is
Infidelity in the custody of documents, the public officer infidelity in the custody of documents because the
has been entrusted with papers, documents or objects, clerk of court is the custodian of the documentary
which have been closed by proper authority and the said exhibits. If money is used, not as a medium of
public officer opened the said closed document or permitted exchange, but like this, as documentary exhibits or
others to open the same. Again, Damage is NOT an any other use other than as a medium of exchange,
element. the one who malverse, or use it is the custodian of

the said documents, the crime is infidelity in the Open Disobedience is committed by any judicial or
custody of documents and NOT malversation. executive officer who shall openly refuse without any legal
motive to execute a judgment or decision rendered by a
When the clerk of court took the 100 peso bill, he superior authority in the exercise of his duty and in the legal
destroyed the exhibit, the documentary exhibit of infirmities of the law.
the said prosecution and the prosecution was
seriously damaged interface. ILLUSTRATION:
Q: What if in the case of Duterte, the sheriff wishes to
REVELATION OF SECRETS (Article 229-230) execute a writ of execution and cause the squatters to leave
the place because of the execution issued by the court has
ARTICLE 229 REVELATION OF SECRETS BY AN to be implemented. Had not the sheriff performed the said
OFFICER act, is he liable of any crime? Had the sheriff refused to
Punishable acts: execute the writ of execution issued by the said judge? Is he
1. By revealing any secrets which affect public interest liable of any crime?
learned by him in his official capacity
ELEMENTS: A: Yes, he is liable of Open Disobedience under
(1) Offender is a public officer Article 231. He openly refused to execute a writ of
(2) He knows of a secret by reason of his official execution issued by a judge.
capacity
(3) He reveals such secret without authority or ARTICLE 232 DISOBEDIENCE TO ORDER OF
justifiable reasons SUPERIOR OFFICER, WHEN SAID ORDER WAS
(4) Damage, great or small, is cause to the SUSPENDED BY INFERIOR OFFICER
public interest ELEMENTS:
It is necessary that there be Damage caused, whether 2. An order is issued by his superior for execution
serious or not. 3. He has for any reason suspended the execution of such
order
2. Wrongfully delivering papers or copies of papers of 4. His superior disapproves the suspension of the
which he may have charge and which should not be execution of the order
published thereby causing damage, whether serious or 5. Offender disobeys his superior despite the disapproval
not, to a third party or to public interest. of the suspension
ELEMENTS:
i. Offender is a public officer The offender refuses to disobey the suspension of the
ii. He has charge of papers said order which was disapproved by the said public officer.
iii. Those papers should not be published
iv. He delivers those papers or copies thereof to
a third person ARTICLE 233 REFUSAL OF ASSISTANCE
v. The delivery is wrongful ELEMENTS:
vi. Damage is caused to public interest 1. Offender is a public officer
2. Competent authority demands from the offender that he
ARTICLE 230 PUBLIC OFFICER REVEALING lend his cooperation towards the administration of
SECRETS OF PRIVATE INDIVIDUAL justice or other public service
ELEMENTS: 3. Offender fails to do so maliciously
2. He knows of the secrets of private individual by reason Public officer who shall fail to lend his cooperation
of his office towards the administration of justice or any other public
3. He reveals such secrets without authority or justifiable service despite demand by competent authority.
reason
ILLUSTRATION:
Damage is NOT an element in Article 230. Q: A raped B. B was treated by a medico legal officer at the
PNP. This medico legal officer who has examined A, issued
ARTICLE 231 OPEN DISOBEDIENCE a medical certificate, And so in the case filed by B against A
ELEMENTS: for this so-called rape, the fiscal moved that the subpoena
1. Offender is a judicial or executive officer (adjustificandum) be sent to this public officer, the medico
2. There is judgment, decision, or order of a superior legal office who examined the rape victim. However, despite
authority receipt of the said subpoena, the medico legal officer failed
3. Such judgment, decision or order was made within the to appear. He did not appear without any justifiable reason
scope of the jurisdiction of the superior authority and at all. The said prosecutor move again for the issuance of
issued with all the legal formalities another subpoena, a second subpoena. Again, despite the
4. Offender without any legal justification openly refuses to receipt, the medico legal officer failed to appear in court and
execute the said judgment, decision or order which he testified and failed to give the copy of the medico legal
is duty bound to obey certificate. What crime if any has the said medico legal
officer has committed?

What if maltreatment does not only include physical

A: He is liable for Refusal of Assistance under maltreatment. It shall also include moral, emotional,
Article 233. It is committed by a public offcer that despite psychological maltreatment because the law uses the
demands of the public authority shall fail to lend his phrase physical injuries or damage caused.
cooperation toward the administration of justice or any other
public service. Thereby, causing damage serious or not, to ILLUSTRATION:
public interest. Q: What if A has just withdrew his money from her ATM
account, she placed the money inside her bag and she was
NOTE: If the damage is serious, the penalty is QUALIFIED. already walking towards home when suddenly here comes
X. X snatched the handbag with the money. A police officer
passing by saw the incident and on boarded their mobile
ARTICLE 234 REFUSAL TO DISCHARGE ELECTIVE patrol. They were able to arrest the man, took the bag and
OFFICE returned it to the said victim. Thereafter, they placed X inside
ELEMENTS: the mobile patrol. While inside, they kicked, mauled the man.
1. Offender is elected by popular election to a public office And so, the man suffered less serious physical injuries. What
2. He refuses to be sworn in or to discharge the duties of crime is committed by the said police officers?
the said office
3. There is no legal motive for such refusal to be sworn in A: The crime committed is less serious physical
or to discharge the duties of said office injuries. It is not maltreatment of prisoners because the said
person, X, is not yet a prisoner. He is only a person under
This is a crime which cannot be committed in Philippine arrest because he has just been arrested for having
Jurisdiction. Refusal to discharge public duties is committed committed a crime, but he is not yet a prisoner. In order to
by any person entitled to a public office by means of popular be considered as a prisoner, he must be brought to the PNP
election, refuses to assume to assume the powers and station, taken a picture, left view, side view, front view,
duties of his office. He refuses to be sworn in. This will not thumbmark and incarcerated. He is now an accountability of
happen in our lifetime. This will never happen in the the Government, he is now a prisoner. But before that, he is
Philippine Jurisdiction because here, even if he did not win not yet a prisoner. He is only a person under arrest. That is
in the election, he wanted to hold office. why in the problem, the police officers are liable only for less
serious physical injuries and not of maltreatment of
prisoners.
ARTICLE 235 MALTREATMENT OF PRISONERS
ELEMENTS: Q: What if in the same problem, they chased the man. They
1. Offender is a public officer or employee were able to catch the said man and brought him to the PNP
2. He has under his charge a prisoner or detention station. Booked him and incarcerated him, and all the things
prisoner needed to be done to a prisoner. Later, he was brought out
3. He maltreats such prisoner either of the following of jail for investigation to be brought in the Investigation
manners: section. In the investigation, he was being forced to admit to
a. By overdoing himself in the correction or the commission of the crime. And so, by reason thereof, the
handling of a prisoner or detention prisoner police officer boxed him and gave him a huge black eye. The
under his charge either: left eye suffered so much that he lost sight, amounting to
i. By the imposition of punishments not serious physical injuries. What are the crimes committed by
authorized by the rules and regulations the police officer?
ii. By inflicting such punishments (those A: Two crimes Maltreatment of Prisoners and
authorized) in a cruel or humiliating Serious Physical Injuries.
manner Maltreatment of Prisoners because he is a prisoner
b. By maltreating such prisoner to extort a who was maltreated in order to extort a confession
confession or to obtain some information from and Serious physical injuries because by reason of
the prisoner the injury inflicted, he lost an eye.
Who is the offender? Q: Are you going to complex them? because a single act
- Any public officer or employee constitute a grave and less grave felony, are you going to
complex them under Art. 48?
Who is the offended party?
- He must be a prisoner A: No. You cannot complex them. Because under
Article 235, it is expressly provided that the liability for
In order to be considered a prisoner, it is necessary that the maltreatment of prisoners shall be in addition to the
said person has already been arrested, brought to the PNP liability for any other physical injuries or damage
station and he has been incarcerated. If he is not a prisoner, caused. Therefore two crimes will be charged against
then, the crime can be physical injuries, whatever injuries the police officer.
that may have been sustained by the prisoner, but NOT
maltreatment of prisoners There is also a violation of R.A. 9745, Anti-Torture
Act, because under Section 14 of the Anti-Torture Act,
Torture shall not absorb and shall not be absorbed by

any other crime committed as a consequence. NOTE: It can only be committed by an executive or judicial
Therefore, he can also be held liable under the so- officer
called Anti-Torture Law.
ARTICLE 240 USURPATION OF EXECUTIVE
FUNCTIONS
ARTICLE 236 ANTICIPATION OF DUTIES OF A PUBLIC ELEMENTS:
OFFICE 1. That the offender is a judge
ELEMENTS: 2. That the offender:
1. That the offender is entitled to hold a public office or a. Assumes the power exclusively vested to
employment either by election or appointment executive authorities of the Government, or
2. Shall assume the performance of the duties and powers b. Obstructs executive authorities from the lawful
of a public official or employee performance of their functions
3. Without being sworn into office or having given the bond NOTE: It can only be committed by a Judge
required by law
ARTICLE 241 USURPATION OF JUDICIAL FUNCTIONS
ARTICLE 237 PROLONGING PERFORMANCE OF ELEMENTS:
DUTIES AND POWERS 1. That the offender is holding office under the Executive
ELEMENTS: Branch of the Government
1. That the offender is holding a public office 2. That he:
2. That the period allowed by law for him to exercise such a. Assumes the power exclusively vested in the
function and duties has already expired Judiciary, or
3. That the offender continues to exercise such function b. Obstructs the execution of any order or decision
and duties given by a judge within his jurisdiction
NOTE: It can only be committed by a public officer of the
ARTICLE 238 ABANDONMENT OF OFFICE OR Executive Branch of the Government
POSITION
ELEMENTS: Therefore, if the person who assumes judicial
1. That the offender is holding a public office power does not belong to the Executive Branch, but belongs
2. That he formally resigns from his office to the legislative branch, the crime is not Usurpation of
3. But before the acceptance of his resignation, he Judicial Function, but USURPATION OF PUBLIC
abandons his office FUNCTION AND OFFICIAL AUTHORITY under Article
177, because Article 239, 240 and 241 are specific as to the
Abandonment of office is committed by a public officer offenders.
who has already formally resigns from his position, and So, let us say, in the one who encroached upon the
having formally resigned from his position, he abandons to powers of the Judge, does not belong to the executive
the detriment of public service. Despite the fact that his branch but he is legislator, it cannot be considered as
resignation has not yet been accepted by a superior usurpation of judicial functions, rather it will beUsurpation Of
authority. Under Labor Law, when you are an employee, Public Function And Official Authority Under Article 177.
when you file a resignation, it does not mean you are already
resigned. There must be an ACCEPTANCE from the ARTICLE 242 DISOBEYING REQUEST OF
superior officer before it can be said that he have already DISQUALIFICATION
resigned. ELEMENTS:
So here, the public officer has already formally 1. That the offender is a public officer
resigned, his resignation has not been accepted, yet he 2. That a proceeding is pending before such public officer
abandons to the detriment of public service. What is the 3. That there has been a question regarding the
penalty? jurisdiction brought before the proper authority
- In the abandonment of office, the penalty is 4. There is a question brought before the proper authority
QUALIFIED if the purpose of the said public officer regarding his jurisdiction, which is yet to be decided
is to evade the prosecution punishment of the crime
involving violation of Title 1 Book 2 (Crimes ARTICLE 243 ORDERS OR REQUESTS BY EXECUTIVE
against National Security), or Chapter 1 Title 3 of OFFICERS TO ANY JUDICIAL AUTHORITY
Book 2 (Rebellion, Coup detat, Sedition, etc.) ELEMENTS:
1. That the offender is an executive officer
ARTICLE 239 USURPATION OF LEGISLATIVE 2. That the offender addresses any order or suggestion to
POWERS any judicial authority
ELEMENTS: 3. That the order or suggestion relates to any case or
1. That the offender is an executive or judicial officer business within the exclusive jurisdiction of the courts of
2. That he: justice
a. Makes general rules and regulations beyond the
scope of his authority, or ARTICLE 244 UNLAWFUL APPOINTMENTS
b. Attempts to repeal a law, or ELEMENTS:
c. Suspend the execution of thereof 1. Offender is a public officer
2. He nominates or appoints a person to a public office

3. Such person lacks the legal qualification thereof If a jail warden impregnated a female detainee, even if they
4. Offender knows that his nominee or employee lacks the love one another, still liable because detainees are
qualifications at the time he made the nomination or liabilities of the state.
appointment
ARTICLE 245 ABUSES AGAINST CHASTITY

ELEMENTS:
1. That the offender is a public officer TITLE EIGHT
2. That he solicits or makes any indecent or immoral CRIMES AGAINST PERSONS (ARTICLES 246 266-A)
advances to a woman
3. That the offended party is a woman who is: ART 246 PARRICIDE
a. Interested in matters pending before the public ELEMENTS:
officer for his decision or where the public officer 1. That a person is killed
is required to submit a report or to consult with a 2. That the deceased is killed by the accused
superior officer; or 3. That the deceased is the father, mother, or child,
b. Under the custody of the offender, who is a whether legitimate or illegitimate, or a legitimate
warden or other public officer directly charged other ascendant, or legitimate other descendant, or
with the care and custody of prisoners or legitimate spouse of the accused
persons under arrest; or Parricide is committed when a person kills his father,
c. The wife, daughter, sister or any relative falling mother, child, whether legitimate or illegitimate,
within the same degree of affinity of the person legitimate other ascendant, legitimate other
under the custody and charge of the offender descendant, or legitimate spouse. Therefore the
(Mother is not included here) offended party or deceased or the victim is specified, he
must be the father, mother, child whether legitimate or
How are abuses against chastity is committed? illegitimate, legitimate other ascendant, legitimate other
- There are three acts. (Refer to the elements) descendant, or legitimate spouse.
1. Public officer solicits or makes any indecent Parricide is a crime based on relationship.
or immoral advances to a woman who is What kind of relationship?
interested in matters pending before his for First, it must be a legitimate relationship except
his decision or where the public officer is in the case of parent and child.
required to submit a report or to consult with Second, the said relationship must be in the
a superior officer direct line
2. Warden or other public officer directly Third, the relationship must be by blood
charged with the care and custody of (grandfather killed a grandson, a mother killing
prisoners or persons under arrest, and he a son, a son killing a father)
solicits or makes any indecent or immoral
advances to a woman Q: So a father killed an illegitimate son. What crime is
3. Warden or other public officer directly committed?
charged with the care and custody of A: It is parricide. Although the crime is based on
prisoners or persons under arrest, and the legitimate relationship, the exception is in case of
said officer makes any indecent or immoral children, whether legitimate or illegitimate.
advances to the wife, daughter, sister or
any relative falling within the same degree Q: A brother killed another brother. Is the crime committed
of affinity of the male prisoner. parricide?
A: No, the crime committed is murder or
Who is the offender? homicide, as the case may be and not parricide
- He must be a public officer because there must be because the relationship between a brother and
abuse of public office in making immoral or indecent another brother is in the collateral line and not in
advances. the direct line.
Essence of the crime is taking advantage of ones Q: What if a stepfather killed his stepson?
position in soliciting or making immoral or indecent A: The stepfather is not liable for parricide. It
advances. can either be murder or homicide, as the case may
be, because their relationship is not based on
Mere act of soliciting or making immoral and indecent blood.
advances will already give rise to the crime. It is not Again, the relationship must be
necessary that the woman will comply with the said legitimate, in the direct line and by blood.
solicitation or immoral or indecent advances.
In Parricide, the circumstance which will qualify is the
The solicitation must not be the gospel type of relationship, therefore relationship between the offender
solicitation. It must be bad, persistent, threatening such that and the offended party must be stated in the
if the woman would not comply then it would adverse on her information.
part. Q: Let us say that the husband killed the wife. In the
information filed by the fiscal, the fiscal failed to state that the

husband is the legal husband of the said victim. However, sexual intercourse? You know it will happen, why
during trial, by virtue of a certificate of marriage, it was wait for it for Article 247? This is what Justice Laurel
proven that the accused was the legal husband of the said said. But the Supreme Court said no, the surprising
victim-wife. Can the husband be convicted of parricide? must be in the act of sexual intercourse with
A: No, the husband cannot be convicted of another person. Not before, not after, not during the
parricide. This is because the relationship was not preliminaries.
alleged in the information although proven during
trial. Since the relationship between the husband SECOND REQUISITE/ELEMENT:
and the wife is not alleged in the information, The second element requires that the said legally
although proven during trial, he cannot be married spouse kills any or both of them or he
convicted of parricide. It can only be murder or inflicts serious physical injuries upon any or both
homicide, as the case may be. of them. Again, while in the act of sexual
intercourse or immediately thereafter. There is no
Q: What if a husband wanted to kill his wife. So he has a question as to the actual act of sexual
mistress, the husband wanted to dispose his wife. However, intercourse but what about immediately
he cannot do it on his own and so the husband hired a high- thereafter?
profile killer, he paid the man 100,000 pesos to kill the wife. What does the phrase immediately thereafter
And so the man conducted surveillance on the wife, checked mean?
the itinerary of the wife and so when the wife was getting out The Supreme Court said, immediately
of the grocery, here comes the killer. The killer, on board a thereafter means there must not be lapse of
motorcycle, went directly to the wife, shot her and off he time between the surprising and the killing or
went. The wife died. What crime/crimes is/are committed? infliction of serious physical injuries. Therefore
A: The husband is liable for principal but said the surprising and the killing or infliction of
killer is liable for murder. Conspiracy will not lie. serious physical injuries must be a continuing
Although they conspired for the killing of the wife, process.
the husband, being the principal by inducement
and the killer, being the principal by direct Q: What if the husband arrived home and the wife arrived
participation, conspiracy will not lie. This is because home from the market. She was about to go the kitchen
the circumstance which qualifies parricide, the when suddenly, she heard voices in the masters bedroom
relationship, is personal to the husband and cannot and so she opened the said masters bedroom and saw her
be transferred to a stranger. That is why there will legal husband in actual sexual intercourse with another
two informations filed, one is parricide as against person. Notice that the law says, other person which
the husband as a principal by inducement and the means it could be a man or a woman. Upon seeing that, the
other one is murder as against the killer. wife who still has a knife in the basket, immediately went
towards the husband and stabbed him. The woman fled. The
ART 247 DEATH OR PHYSICAL INJURIES INFLICTED husband died. Of what crime would you prosecute the said
UNDER EXCEPTIONAL CIRCUMSTANCES wife? The wife is liable for parricide under Article 246 for
ELEMENTS: having killed her husband. If you are the counsel of the said
1. That a legally married person or a parent wife, what defense would you put up in order to free your
surprises his spouse or his daughter, the latter client from criminal liability?
under 18 years of age and living with him, in the A: Article 247 or Death under exceptional
act of committing sexual intercourse with another circumstances. The Supreme Court said that
person. Article 247 is not a felony. Article 247 is a privilege,
2. That the said legally married spouse he or she in fact is it a defense. If Article 247 is invoked, the
kills any or both of them or inflicts upon any or accused is free from criminal liability. It is an
both of them any serious physical injury in the act absolutory cause, an exempting circumstance. The
or immediately thereafter Supreme Court said that the penalty stated therein,
3. That he has not promoted or facilitated the destierro, is not really a penalty on the legally
prostitution of his wife or daughter, or that he or married spouse who killed the other spouse. It is
she has not consented to the infidelity of the not a penalty but it is more of a guard, a privilege
other spouse. for him so that he may be free from any retaliation
of any of the family of the victim. So destierro here
FIRST REQUISITE/ELEMENT: is not really a penalty. Again, Article 247 is not a
Under the first element, it is required that the legally felony. It is a defense, a privilege; it is an exempting
married spouse surprises the other spouse while in circumstance or an absolutory cause.
the actual act of sexual intercourse with another
person. So note the surprising must be in the PEOPLE v. ABARCA
actual act of sexual intercourse and NOT In this case, there was this student reviewing for the bar.
before, NOT after. There were already rumors that his wife was having an affair.
If you will read the book of Reyes, Justice Laurel, So one time, he went home unannounced. Upon his arrival,
naghinanakitsya. Sabinya, Why? Why should it be he saw his wife in sexual intercourse with another man. The
in the actual act of sexual intercourse, you already man jumped out the window. The husband wanted to kill the
saw your spouse with another man, why wait for the man but he had no weapon at the time. The man went away.

It took the husband an hour before he was able to find a 1. Treachery, taking advantage of superior
weapon and upon finding a weapon, he went directly to the strength, with the aid of armed men, or
whereabouts of the man, the lover of the wife and killed the employing means to weaken the defense, or of
man. It took him one hour. The killing took place an hour, not means or persons to insure or afford mutiny.
in the actual sexual intercourse, but is it immediately 2. In consideration of price, reward or promise
thereafter? Despite the fact that one hour had lapsed, would 3. By means of inundation, fire, poison,
it be within the meaning of immediately thereafter? explosion, shipwreck, stranding of a vessel,
derailment or assault upon a railroad, fall of an
The Supreme Court, in this special case, said yes. airship, by means of motor vehicles, or with the
According to Supreme Court, when the law uses the phrase use of any other means involving great waste
immediately thereafter; that the killing or the infliction of and ruin.
serious physical injuries must take place immediately 4. On occasion of any calamities enumerated
thereafter, the law did not say that the killing must be done in the preceding paragraph, or of an
instantly. According to the Supreme Court, it suffices that the earthquake, eruption of a volcano, destructive
proximate cause for the said killing is the said pain and the cyclone, epidemic, or any other public
look on the said husband upon chancing his wife in the calamities.
basest act of infidelity. This is an exceptional case. 5. With evident premeditation.
Why an exceptional case? 6. With cruelty, by deliberately and inhumanly
augmenting the suffering of the victim or
Because henceforth, after People v Abarca, outraging or scoffing at his person or
the Supreme Court has already interpreted corpse (RA 7659)
immediately thereafter, as there must be no
lapse of time between the surprising and the These are the qualifying circumstances for murder
killing. The surprising and the killing must be (See Article 14-aggravating circumstances, Book I)
continuous. Know the elements in Article 14.
Legal luminaries say that this is an exceptional All of these are aggravating circumstance under
case because the husband was reviewing for Article 14. Note, in order to qualify a killing to
the bar which is why he was given this special murder, only one is necessary.
_. Because in all other cases after this, the
Supreme Court is strict in implementing If in the information, A killed B and it was attended by
immediately thereafter. The Supreme Court treachery, in consideration of a price, reward or
is strict because this is not a felony, it is a promise, by means of a motor vehicle, so there are three
privilege therefore it must be strictly interpreted qualifying circumstances. Only one will suffice to qualify
and not liberally interpreted in favor of the the murder to killing, all the other aggravating
accused. circumstances will be considered not as qualifying
Look that if the injury inflicted by the legally circumstances but as mere generic aggravating
married spouse on the lover or the other circumstances.
spouse, is less serious physical injuries or
slight physical injuries, he is totally free from ART 249 HOMICIDE
criminal liability. Liability will only come in if the ELEMENTS:
other spouse is killed or inflicted with serious 1. That a person was killed
physical injuries. 2. That the accused killed him without any justifying
With regards to the liability of the accused to circumstance
the injuries sustained by other people, liable to 3. That the accused had the intention to kill, which is
physical injuries through negligence, as the presumed
case maybe. There is no intent to kill the other 4. That the killing was not attended by any of the
victims. qualifying circumstances of murder, or by that of
Note that the SC ruled that inflicting death parricide or infanticide.
under exceptional circumstances is NOT When a person kills another person, and it is not
murder. attended by any qualifying circumstance under Article
248, the killing is considered as Homicide under Article
ART 248 MURDER 249.
ELEMENTS:
1. That a person was killed
2. That the accused killed him ART 250 PENALTY FOR FRUSTRATED OR
3. That the killing was attended by any of the qualifying ATTEMPTED PARRICIDE, MURDER OR HOMICIDE
circumstances mentioned in Article 248
4. That the killing is not parricide or infanticide ART 251 DEATH CAUSED IN A TUMULTOUS AFFRAY
What is a tumultuous affray?
Murder is committed by any person who shall kill A tumultuous affray is a commotion, wherein
another person which will not amount to parricide or people fight in a tumultuous or confused manner
infanticide and the killing is attended by the following such that it cannot be ascertained or determined
qualifying circumstances:

who has killed the victim or who has inflicted If the injury caused to the victim is only slight physical
physical injuries on the victim. injuries, then no one is liable because if a person
engaged in a tumultuous affray or participated therein,
ELEMENTS: the law presumes that it is __ therefore no one is liable
1. That there be several persons if the injuries sustained is only slight physical injury and
2. That they did not compose groups organized for the it cannot be determined who inflicted the said slight
common purpose of assaulting and attacking each physical injury on the victim.
other reciprocally
3. That these several persons quarreled and assaulted Q: There was this tumultuous affray, several people were
one another in a confused and tumultuous manner attacking and fighting each other. Suddenly, here comes a
4. That someone was killed in the course of the affray balot vendor. He saw the affray. He was just there, watching,
5. That it cannot be ascertained who actually killed the suddenly he fell on the ground. He died because of a stab
deceased wound. Now, it cannot be ascertained who stabbed him, so
6. That the person or persons who inflicted serious no one saw who stabbed him. Who will be held criminally
physical injuries or who used violence can be liable?
identified. A: Any person who inflicted serious physical
injuries on him. No one has seen also who had
Article 251, death in a tumultuous affray, is committed inflicted serious physical injuries against him. The
when there are several persons who do not compose any person who inflicted any violence against
groups which have been organized to assault and him shall be criminally liable.
quarrel with one another reciprocally, assaulted and
attacked each other reciprocally and in the course of the Q: There was this tumultuous affray, several people were
affray, someone is killed. And it cannot be ascertained attacking and fighting each other. Suddenly, here comes a
or identified or determined who killed the victim, then the balot vendor who saw the affray and he was just there,
person who inflicted serious physical injuries or those watching. While he was watching the affray, one of the
who used violence against the said victim can be participants of the affray, X, saw him and went directly to the
identified. balot vendor and stabbed him twice. The balot vendor died.
What crime is committed? Is it under Article 251, Death in
Someone is killed. Note that he can be any person; he tumultuous affray?
can be someone from the affray, he can be a mere A: No. It is murder or homicide as the case may
passerby, he can be just someone watching the affray, be. This is because the perpetrator of the crime is
so long as he is killed in the affray and it cannot be identified, ascertained or determined. Death in a
ascertained who killed him, then the person who tumultuous affray under Article 251 can only be
inflicted serious physical injuries on him is liable if he charged if the actual perpetrator of the crime who
can be identified. If this person cannot be identified, then killed the victim cannot be ascertained or identified.
the person who used any kind of violence against him
shall be criminally liable. ART 253 GIVING ASSISTANCE TO SUICIDE
TWO ACTS PUNISHABLE:
I.By assisting another to commit suicide, whether the
ART 252 PHYSICAL INJURIES INFLICTED IN suicide is consummated or not; or
TUMULTUOUS AFFRAY II.By lending assistance to another to commit suicide to
ELEMENTS: the extent of doing the killing himself.
1. That there is a tumultuous affray
2. That a participant or some participants thereof suffer Giving assistance to suicide binigyan mong rope;
serious physical injuries or physical injuries of a less binigyan mo ng poison.
serious nature only. A friend wanted to commit suicide, he doesnt know the
3. That the person responsible thereof cannot be way, the means and you agreed with him, you assisted
identified and gave the best poison in the world. So you assisted
4. That all those who appear to have used violence upon the said friend in committing suicide. Note that if a
the person of the offended party are known. person assisted in committing suicide by giving him
poison, the initiative must come from him. The desire to
Note that the victim here must be a participant. The law kill himself must come from the victim. He wanted to
is specific. The participants must be the one injured with commit suicide and you merely provide assistance in
serious physical injuries or less serious physical the commission of suicide.
injuries. Not slight physical injuries. B wanted to commit suicide, here comes A, A gave
assistance to B but B survived. B did not die. Only A is
Article 252, we have physical injuries inflicted in criminally liable because suicide or attempt to commit
tumultuous affray, is committed when in a tumultuous suicide is not a felony within Philippine jurisdiction. It is
affray, a participant has suffered serious physical only the one who assisted to commit suicide is criminally
injuries or less serious physical injuries and it cannot be liable but not the person who attempted to commit
ascertained who inflicted these injuries but the person suicide.
who used violence on the victim can be identified or
determined.

Q: What if a terminally sick person with cancer, he was lying A: The crime committed is other light threats.
in bed, almost lifeless and it was only a machine that was So here, threatening another with a gun, without
giving life to his body. Now, the mother of the patient and discharging, only poking. It is other light threats. It
she took pity of her son because the son was agonizing and is not grave threats, it is not light threats. It is only
was only breathing through the said machine. The mother other light threats, arrestomenor.
wanted to finish the suffering of the son and at the time she
visited the hospital, she turned off the machine and the son So kapag discharge, pinutok it could either be alarms
died. He killed her son out of mercy. So it is mercy-killing or and scandals, illegal discharge of firearms or attempted
euthanasia. Is the mother liable for giving assistance to or frustrated murder or homicide, as the case may be.
suicide? If no discharging, only poking, or threatening with a
A: No because the initiative to kill did not come firearm, it is only other light threats
from the sai person who was ill. The crime
committed by the mother is parricide for killing ARTICLE 255 INFANTICIDE
her son. If it were other person, it was murder. Infanticide is the killing of a child less than three (3)
Evidently, it was murder because there was evident days old or less than seventy-two (72) hours. So in the case
premeditation; there was thinking before doing the of infanticide, it is the age of the victim that is controlling. The
act of mercy-killing. victim, the child, the infant, must be less than three (3) days
old. He must be less than seventy-two hours. If it is only
ART 254 DISCHARGE OF FIREARMS/ ILLEGAL three (3) days old or above it is any other crime but not
DISCHARGE OF FIREARMS infanticide.
ELEMENTS: Who is the offender in Infanticide?
1. That the offender discharges a firearm against or at The offender can be the parents, the mother, the
another person father, the grandparents or it can be any other person so
2. That the offender has no intention to kill that person long as the child is less than three (3) days old, it is
infanticide. It is the age that is controlling, not the
Q: What if there was this park. The park was full of people relationship.
and then suddenly, here comes X, X went to the park, put
out his firearm, and he fired shots in the air. What crime is
committed? ILLUSTRATION:
A: X committed Alarms and Scandals under Q: So what if there was this woman and this woman gave
Article 155. When he fired shots in the air, his birth to a child. After giving birth to the child while the child
intention was to cause disturbance of public peace was only a day old, she already wanted to kill the child in
and tranquility. The firearm was not aimed towards order to conceal her dishonor. However, she could not kill
any person. the child by herself and so she asked a favor from a friend.
And so the friend arrived and both the mother and the said
Q: What if X went to a public place full of people. X saw his friend killed the child, a day old, by suffocating the said child
enemy, Y, and so to threaten Y, X pulled out his firearm, with a big pillow. The child less than three days old, died.
aimed the firearm at Y in order to threaten him. X discharges What crime/s is/are committed?
the firearm, however, with no intention to kill Y. His only A: The mother is liable for infanticide. The said
intention is to threaten Y and Y was not killed. What crime is stranger friend is also liable for infanticide.
committed? There was conspiracy on them. This time
A: The crime committed is Article 254, Illegal conspiracy on life, both of them are liable for
Discharge of Firearms. Illegal discharge of infanticide under only one information. Isang
firearms is committed by any person who aims and information langsa court and that is infanticide.
discharges the firearm to any other person absent Both the mother and the friend are conspirators of
the intent to kill the said person. The purpose is infanticide.
merely to threaten the said person.
Now let us say that the mother is convicted. If the
Q: What if in the same public place, X went there and pulled mother is convicted, the penalty imposed by the law as
out his firearm because he saw his enemy, Y. He aimed the provided in Article 255 is equivalent to parricide which is
gun at Y with intent to kill, because he wanted to kill his reclusion perpetua to death. On the other hand, if the
enemy. However, Y saw it and was able to avoid. What crime stranger is convicted under Article 255, the penalty to be
is committed? imposed is equivalent to murder therefore, also reclusion
A: X committed attempted homicide or murder, perpetua to death. But note the charge is that he is guilty of
as the case may be. Although Y was not hit, the infanticide.
fact that the said firearm was discharged with intent The fact that the said mother killed the child, less
to kill, it is already attempted homicide or murder, than three days old, in order to conceal dishonorwill
as the case may be. mitigate the criminal liability of the mother. NOTE:The
penalty will be lowered not by one, but by two degrees, from
Q: What if in the said merry-making, there were so many reclusion perpetua to death, the penalty of the mother will
people. X went there. He saw his enemy Y and went directly only now become prision mayor.
to Y, took out his gun and he poked the gun without
discharging. What crime is committed?

Q: What if let us say that the killer of the less than three day 2.) Without violence, by acting without violence,
old child is the maternal grandparents. The grandparents without the consent of the woman by administering
conspired in the killing in order to conceal the dishonor of aborting drugs or beverages without the consent of
their daughter. What is the effect of the concealment of the the pregnant woman.
dishonor? 3.) By acting without violence, with the consent of the
A: The concealment of the dishonor will also pregnant woman that is by administering aborting
mitigate the criminal liability of the maternal drugs or beverages to a pregnant woman this time
grandparents that is one degree lower. So sa with her consent.
mother, two degrees lower, from reclusion
perpetua to death magigingprision mayor. Sa UNINTENTIONAL ABORTION can only be committed in one
maternal grandparents one degree lower lang, from (1) way and that is by exerting physical violence on a
reclusion perpetua to death it will now become pregnant woman. And in result thereof, an unintentional
reclusion temporal. Whatever it is, concealment of abortion was suffered.
dishonor is akin to a privilege mitigating In unintentional abortion the force employed was
circumstance because the lowering of the penalty physically exerted on a pregnant woman. The intention of
is not merely by periods but by degrees. So it is akin the offender is not against the baby or the fetus but against
to a privilege mitigating circumstance. the mother. His intention is against the mother but in so
doing, since the mother is pregnant, the baby/fetus was also
Q: So what if in the same problem I gave, the woman gave aborted. So abortion was unintentionally caused.
birth to the child and wanted to kill the child but this time the
infant is already three days old and the child was killed by ILLUSTRATION:
the said mother and the friend. What are the crimes Q: So what if there were two college students, a boyfriend
committed? and girlfriend. The girlfriend became pregnant and the
A: The mother is liable for boyfriend said, I am not yet ready. We are still so young so
parricidewhile the stranger/friend is liable for I cannot marry you. And so by reason thereof the girlfriend
murder. And this time no amount of concealment said, how about my situation? I am already pregnant. And
of dishonor will mitigate the criminal liability of the so by reason thereof, they both decided in order to conceal
mother. So there lies a difference between the dishonor of the said female student, they both decided to
parricide and infanticide if the offender is the parent abort the fetus. So what the boyfriend did was he went to the
or the mother of the child. sidewalks of Quiapo and bought there aborting beverages
JUST REMEMBER: If the child is less than three days old and he administered the same to the said woman. And the
or less than 72 hours, IT IS INFANTICIDE. It is the age that female student drank the aborting beverage and the fetus
controls. If the child is three days old and above, died. What crime/s is/are committed?
PARRICIDE OR MURDER, as the case may be. It is A: In so far as the boyfriend is concerned, the crime
obvious murder because a three day old child or infant is committed is intentional abortion under Article 256.
totally defenseless. In so far as the said female student is concerned, the
crime committed is also intentional abortion but it is
ARTICLE 256, 257, 258 AND 259 ARE ALL ABOUT under Article 258 Abortion practiced by the woman
ABORTION herself or by her parents. So, both of them are liable
ARTICLE 256 INTENTIONAL ABORTION for intentional abortion.
ARTICLE 257 UNINTENTIONAL ABORTION
ARTICLE 258 ABORTION PRACTICED BY THE Q: But what if despite the fact that the female student had
WOMAN HERSELF OR BY HER PARENTS already taken or drank the abortive beverage still the fetus
ARTICLE 259 - ABORTION PRACTICED BY A survived? Malakasangkapitngbatasa maternal womb. What
PHYSICIAN OR MIDWIFE AND DISPENSING OF crime is committed if any by the boyfriend and the girlfriend?
ABORTIVES Is there a crime such as frustrated intentional abortion?
A: YES. There is a crime such as frustrated
Note that there are four (4) articles on abortion but there are intentional abortion. Here, the said woman has
only two (2) type of abortion: already taken the said abortive beverage. He has
1.) INTENTIONAL ABORTION already performed all the acts necessary to
2.) UNINTENTIONAL ABORTION consume the crime of abortion however, abortion
Because the abortion practiced by the woman herself or the did not result because of causes independent of
mother and the abortion practiced by a physician or midwife their will. Malakasangkapitngbatasa maternal
are all intentional abortion. So in effect, we only have to womb and so the baby survived. And so, they are
kinds of abortion. We have intentional abortion and both liable for frustrated intentional abortion.
unintentional abortion.
ABORTION is the willful killing of a fetus from the mothers IS THERE A CRIME SUCH AS FRUSTRATED
womb or the violent expulsion of a fetus from the maternal UNINTENTIONAL ABORTION?
womb which results in the death of the fetus. NO. This time there is no crime such as
frustrated unintentional abortion. Because in
INTENTION ABORTION is committed in three (3) ways: unintentional abortion, the intention is against the
1.) By using violence upon the person of the pregnant woman and abortion only happens unintentional.
woman resulting to abortion.

ILLUSTRATION: A duel is a combat with deadly weapons concerted

Q: So lets say a man exerted physical violence against the between two or more persons who have decided or agreed
woman who happens to be his enemy. The said woman was to fight.
severely hurt however, the baby was not hurt. The fetus
inside the tummy did not die. What is the crime committed ELEMENTS OF A DUEL:
by the said man? 1.) It is necessary that the offenders that there was an
A: Only serious physical Injuries against the agreement to engage in combat or in a fight.
woman. No crimes against the fetus because there 2.) There must be two or more seconds for each
was no intent in so far as the fetus is concerned. combatant.
3.) The firearms or the arms to be used as well as the
Q: But what if in the said problem, the man inflicted violence other terms of the combat must be agreed upon by
on the pregnant woman who happens to be his enemy. Lets the said seconds.
say he kicked and moved the said woman severely and by
reason thereof the pregnant woman was 1:44:17. What Under Article 260 - Duel, there are three acts punished in
crime/s is/are committed? a duel:
A: The crime committed against the woman is 1.) By killing ones adversary in a duel.
serious physical injuries. As against the fetus, 2.) By inflicting physical injuries upon ones adversary.
the crime committed is unintentional abortion. 3.) By making a combat by merely entering into a duel.
Now, it resulted from one single act therefore it will
result to a complex crime of SERIOUS PHYSICAL So under Article 260, the persons who are liable are the
INJURIES WITH UNINTENTIONAL ABORTION combatants and adversaries, those who engage in a duel
under ARTICLE 48 OF BOOK 1. It is a complex and yungkanilangalalay, yung seconds.
crime. It is a single act resulting to two less grave
felonies. Under Article 261- Challenging to a duel, there are also
three acts punished:
Q: What if a husband arrived home at 5 oclock in the 1.) By challenging another to a duel.
morning. He saw his wife looking at the children and is 2.) By inciting another to give or accept a challenge to
making breakfast. Suddenly the cellphone of the wife rang, a duel.
the pregnant wife answered the cellphone and she began 3.) By scoffing at or decrying another publicly for
giggling. When she began giggling, the husband took the having refused to accept a challenge to fight a duel.
cellphone from the said wife and listened to the cellphone.
He heard a voice of a man on the other line of the cellphone. Under Article 261, the persons criminally liable are both the
Since he heard the voice of the man and he just arrived from challenger and the instigator.
work, he became jealous and with the use of a knife he NOTE that if it is not a duel or there is no agreement to
stabbed the wife. The wife died and the fetus died. What combat or to fight, lets say there was no agreement between
crime/s is/are committed? A and B to fight and yet they fought and B died, the crime
A: In so far as the wife is concerned, the crime committed is HOMICIDE because Article 260 and 261 only
committed is parricide. In so far as the baby is applies if there is an agreement to fight, to a duel or a
concerned, the crime committed is combat.
unintentional abortion. Again, it resulted from
one single act of stabbing the wife therefore it will CRIMES OF PHYSICAL INJURIES:
give rise to a COMPLEX CRIME OF PARRICIDE
WITH UNINTENTIONAL ABORTION. There is a ARTICLE 262 MUTILATION
crime against the wife which is parricide and Mutilation is the clipping off or chopping off of a
against the fetus which is unintentional abortion particular part of a body which is not susceptible to grow
resulting from a single act therefore, it is parricide again.
with unintentional abortion. Two kinds of mutilation:
1.) By intentionally depriving another of a part of his
ARTICLE 259 - ABORTION PRACTICED BY A body which is an essential part for reproduction.
PHYSICIAN OR MIDWIFE AND DISPENSING OF 2.) By intentionally committing other mutilation that is,
ABORTIVES by depriving him of any other part of his body with
intent to deprive him of such part of his body.
UNDER ARTICLE 259, there is another act punished and
that is dispensing of abortives. Dispensing of abortives is Under the first kind, that is mutilating an organ essential
committed by a pharmacist who shall dispense an abortive for reproduction, is otherwise known as CASTRATION. You
without a prescription from a physician. The mere act of will know that the penalty is even higher than homicide.
dispensing the said abortives without prescription from a Killing a person is only punishable by reclusion perpetua
physician will hold the said pharmacist criminally liable. while castrating a person is punishable by reclusion
temporal to reclusion perpetua. Because if you are castrated
ARTICLE 260 - DUEL it is as if you are already killed. Thats why it has a higher
ARTICLE 261 CHALLENGING TO A DUEL penalty.
What is a duel? Mutilation is a felony which cannot be committed
out of imprudence or negligence. Because the law

requires that there must be the deliberate intent to c. Becomes ill or incapacitated for the
mutilate, the deliberate intent to clip off, to severe a performance of the work in which he
particular part of the body of a person. Absent that was habitually engaged for more than
deliberate intent, any person who loses a part of his 90 days, in consequence of the
body, it can only be serious physical injuries but not physical injuries inflicted
mutilation. So in mutilation it is always committed 4. When the injured person becomes ill or
with deliberate intent or dolo to mutilate. Absent incapacitated for labor for more that 30 days (but
that, it is serious physical injury. must not be more than 90 days), as a result of the
ILLUSTRATION physical injuries inflicted.
Q: Lets say A and B were engaged in a fight, they were Note: All of this, all of the enumeration mentioned in Art. 263
both fighting and A was losing and so he took out his bolo. are already considered serious physical injury. If a person
His intention was to cut the body of B in order to defeat him becomes ill or incapacitated for more than 30 days, it is
however, B tried to prevent him and placed his hand and by already serious physical injuries. It is already divided into
reason thereof, the right hand of B was severed from his categories for purposes of penalty. Because they differ in
body. Is the crime committed mutilation? penalty. But the moment the said person, by reason of the
A: NO. It is not mutilation because there was no said injury becomes ill or incapacitated for labor for more
deliberate intent to clip off or to severe the right than 30 days, it is already, serious physical injury.
hand of B. His intention was to attack or to stab B
and in so doing, it resulted to the loss of an arm So the FIRST CATEGORYis, that the injured person
therefore, the CRIME COMMITTED IS SERIOUS becomes INSANE.
PHYSICAL INJURIES. Physical injuries can either be
serious physical injuries, less serious physical injuries INSANITY refers to a mental disease by reason thereof a
or slight physical injuries. person can no longer appreciate the consequences of his
PHYSICAL INJURIES is the act of wounding, beating or act.
assaulting another with no intent to kill. It also involves the
act of knowingly administering injurious beverages or IMBECILITY is when a person is already advanced in age,
substances absent intent to kill. So always there is no intent yet he has only the mind of a 2-7 year old child.
to kill in order to amount to physical injuries because even if
the injury is only slight or no injury at all but if there is intent IMPOTENCY includes the inability to copulate or sterility.
to kill, it is already in the stage of homicide. So there must
be no intent to kill. BLINDNESS requires loss of vision of both eyes by reason
It also includes the act of knowing administering injurious of the injury inflicted. Mere weakness in vision is not
substances absent intent to kill. contemplated.
So always, there is no intent to kill in order to amount to Under the SECOND CATEGORY:
physical injuries.
The offender loses the use of speech or the power to heal or
Because even if the injury is only SLIGHT or no injury at all, to smell, or looses an eye, a hand, a foot, an arm or a leg.
but there is intent7 to kill, it is already in the attempted stage - So if it is only an eye which has been lost, it is
of Homicide. So there must be no intent to kill. serious physical injury but under the Second
Category already. The penalty is lesser than that of
ARTICLE 263 SERIOUS PHYSICAL INJURIES the First Category.
Under Art. 263, the serious physical injuries punished Under the THIRD CIRCUMSTANCE/CATEGORY:
are:
When the offender becomes DEFORMED.
1. When the injured person becomes insane,
imbecile, impotent, or blind in consequence of the So what is this so-called DEFORMITY which will result in
physical injuries inflicted. serious physical injury?
2. When the injured person:
a. Loses the use of speech or the power Q: A hacked B with the use of a bolo on his stomach. So
to heal or to smell, or looses an eye, there was a big mark on his stomach despite the fact that it
a hand, a foot, an arm or a leg; or was already healed, there was a big scar on the said
b. Loses the use of any such member, stomach. The doctor said that the said injury requires
or medical treatment for 2 weeks. What crime is committed? Is
c. Becomes incapacitated for the work it serious physical injury or is it less serious physical injury?
in which he was therefore habitually
engaged in the consequence of the A: The crime committed is only LESS SERIOUS
physical injuries inflicted PHYSICAL INJURY. There was no deformity.
3. When the injured: Although there was a big scar on the stomach, it
a. Becomes deformed would not amount to deformity. An injury in order
b. Loses any other member of his body; to amount to deformity which would bring about
or serious physical injury must result to a physical

ugliness on a person. There are 3 requisites befor crime committed is qualified serious physical
deformity may be considered as a serious physical injuries.
injury:
ARTICLE 264 ADMINISTERING INJURIOUS
1. There must be physical ugliness produced on SUBSTANCE OR BEVERAGES
a body of a person
2. The said deformity should be permanent and ELEMENTS:
definite abnormality and it would not heal 1. The offender inflicted serious physical injuries upon
through the natural healing process another
3. The said deformity must be located in a 2. It was done by knowingly administering to him any
conspicuous and visible place injurious substances or beverages or by taking
advantage of his weakness of mind or cruelty
EXAMPLE OF The said deformity should be permanent and 3. He had no intent to kill
definite abnormality and it would not heal through the natural
healing process:
ARTICLE 265 LESS SERIOUS PHYSICAL INJURIES
A boxed B. He lost his 2 front teeth permanently. What crime
was committed? LESS SERIOUS PHYSICAL INJURIES is
committed if by reason of the injury inflicted, the offended
A: The crime committed was SERIOUS PHYSICAL party requires medical attendance or he cannot perform the
INJURY. Because it is a deformity even if the doctor work with which he is habitually engaged for a period of 10-
says that he can still replace it, the fact still remains 30 days. So the requirement of medical attendance or his
that it cannot be healed through a natural healing incapacity to do his work for a period of 10-30 days, it will
process. bring about less serious physical injury.
A boxed B, A lost a molar tooth. Q: What circumstances will QUALIFY LESS SERIOUS
PHYSICAL INJURIES?
A: The crime committed will LESS SERIOUS OR
SLIGHT PHYSICAL INJURIES depending on the 1. When there is manifest intent to insult or offend the
medical attendance. Because it cannot be seen. It injured person
is not located in a visible or conspicuous place. 2. When there are circumstances adding ignominy to
the offense
A poured muriatic acid on the face of another person whom 3. When the victim is the offenders parents,
he hates and so because of that, the face of that person ascendants, guardians, curators, or teachers
becomes deformed, it became ugly. Later, she went on a 4. When the victim is a person of rank or person in
plastic surgeon. When he got out of the plastic surgery clinic, authority, provided the crime is not direct assault
she now looks like Vilma Santos. Is the accused person
liable for serious physical injuries? So the crime committed here, with the attendance of these
circumstances qualify less serious physical injuries.
A: Yes. Even if she became prettier than before, it
is still a fact that by reason of the said injury it
cannot be healed through the natural healing ARTICLE 266 SLIGHT PHYSICAL INJURIES AND
process. It will require the attendance of medical MALTREATMENT
surgeon. Therefore, it is considered as a deformity.
3 KINDS OF SERIOUS PHYSICAL INJURIES AND
If the said physical ugliness is not located on a visible or MALTREATMENT:
conspicuous place, it would be depending on the 1. Physical injuries which incapacitated the offended
deployment of medical attendance. party for labor from 1 to 9 days, or required medical
attendance during the same period
Q: When is serious physical injuries qualified? 2. Physical injuries which did not prevent the offended
party from engaging in his habitual work or which
A: Serious physical injuries is qualified: did not require medical attendance
1. If it is committed against any of the persons 3. Ill-treatment of another by deed without causing
enumerated in Parricide. That is when serious any injury
physical injuries is committed against the
father, mother, child, whether legitimate or Maltreatment of another by deed without causing any injury
illegitimate; legitimate other ascendant or other is the act of INFLICTING PAIN ON ANOTHER PERSON
descendant and legitimate spouse of the WITHOUT CAUSING ANY WOUND OR INJURY.
accused.
2. If in the infliction of serious physical injuries, it CASE: PEOPLE VS MAPALO (in Book I)
is attended by any of the qualifying
circumstances for murder. That is, if it is done Let us say that A was walking. Here comes B. B
with treachery, evident premeditation, the used a lead pipe, he went to A and hit the head of A with a

lead pipe. Thereafter, he ran away. The medical certificate Q: What if the woman is half asleep when the carnal
showed that the head of A did not sustain any injury. He was knowledge was done by the said man? Is it still rape?
charged with wttempted homicide. Supreme Court said, the
crime committed is ILL-TREATMENT OF ANOTHER BY A: Yes, said by the Supreme Court. The woman
DEED, a form of slight physical injury under Art. 266. was unconscious.
According to the Supreme Court, there was pain THIRD:

inflicted on A, but there was no injury and there was no intent
to kill because the said offender immediately ran away after A is 11 years old. He is cohabiting with a man who is 20
hitting him a single time. So the crime committed is years old. They are luvingtgether as if they are husband and
MALTREATMENT OF ANOTHER PARTY. wife. Of course, they had carnal knowledge. The man is
liable for STATUTORY RAPE. The number of times that he
had carnal knowledge of the said woman, that is the number
ARTICLE 266-A RAPE of the counts of rape. So if he had carnal knowledge of the
woman 5 times during the time that they were together 5
RAPE is now a crime against person; it is no longer counts of statutory rape. That is because the child, the
a crime against chastity. Because of the amendment brought victim, is below 12 years of age. Insofar as criminal law is
about by RA 8353 THE ANTI-RAPE LAW. concerned, she does not have a mind of her own, she cannot
give a valid consent.
2 TYPES OF RAPE/HOW RAPE IS COMMITTED:
1. By a man who shall have carnal knowledge of a Q: What if, so the law requires that the said act of carnal
woman knowledge must be with the use of force, threat, or
2. Sexual Assault intimidation, a father raped his daughter. The daughter did
not put up a fight, the father did not use force, threat, or
There is RAPE BY CARNAL KNOWLEDGE when a man intimidation in the said carnal knowledge of a daughter. Is
has carnal knowledge of a woman against her will. the crime committed rape?
ELEMENTS OF A RAPE BY A MAN WHO SHALL HAVE A: Yes. The crime committed is rape. It is
CARNAL KNOWLEDGE OF A WOMAN : INCESTUOUS RAPE. In case of incestuous rape,
1. Offender is a man it is the overpowering and overbearing moral
2. Offender had carnal knowledge of the woman influence or moral ascendency of an ascendant
against her will over a descendant which takes place of force,
3. Such act is accomplished under any of the threat, or intimidation. That is why in case of
following circumstance: inceuous rape, force, threat, or intimidation is not
a. Through force, threat, or intimidation indispensable; it is not necessary. Because it is the
b. When the offended party is deprived of reason overpowering and overbearing moral influence or
or is otherwise unconscious moral ascendency which a father has over his
c. By means of fraudulent machination or grave daughter which takes place of force, threat or
abuse of authority intimidation.
d. When the offended party is under 12 years of
age or is demented, even though the Q: What if A and B are lovers and then suddenly B filed a
circumstances mentioned above be present case against A because according to B, he was raped by her
boyfriend. In the course of the trial of the case, the defense
FIRST - OFFENDER IS A MAN of the man was the so-called, sweetheart defense theory.
So in rape by carnal knowledge, who is the offender? A According to him, We are sweet lovers. Therefore
MAN. according to him, it is impossible for him to have raped her
Who is the offendeaprty? A WOMAN. because we are sweet lovers. Will said sweetheart defense
The law is SPECIFIC. theory lie in his favor?
SECOND - OFFENDER HAD CARNAL KNOWLEDGE OF A: Supreme Court said, in case of sweetheart
THE WOMAN AGAINST HER WILL" defense theory, for it to lie, mere oral testimonty
The offender has carnal knowledge of a woman against her will not suffice. There must be documentary
will and it is committed by using force, threat, or intimidation. evidence, memorabilia, picture, love letters, etc.
When the offended party is deprived of reason or otherwise which would show that indeed they are sweethearts
unconscious. boyfriend & girlfriend or lovers. But mind you,
even the Supreme Court said this, there was not a
Q: What if the woman was sleeping when a man had a carnal case wherein the sweetheart defense theory has
knowledge of the said woman. Is it rape by carnal acquitted a man.
knowledge?
Therefore, under any all circumstances which involves the
A: Yes. The Supreme Court said that the woman sweetheart defense theory will not lie in favor of a man.
who is sleeping is unconscious. Because it does not mean that when you are the sweetheart,
you can no longer rape the other person.

Q: What if it was the finger which was inserted in the genitalia

In Book I, there is no such thing as FRUSTRATED RAPE. of a person? Is it acts of lasciviousness or rape by sexual
Rape admits only 2 stages: ATTEMPTED RAPE and assault?
CONSUMMATED RAPE.
A: Supreme Court said it is RAPE BY SEXUAL
The reason is that a mere touch of an erected penis on the ASSAULT. According to the Supreme Court, it
labia or lips of a womans genitalia will already consummate would be so weird if what has been inserted is an
rape. instrument or object, it would be rape by sexual
assault, but if it was finger, it would be rape by
It is not necessary that there be deep or complete acts of lasciviousness. The finger is within the
penetration. It is not necessary that the vagina did lacerated. mean of an instrument or object insofar as rape by
Mere touch of the lips or the labia of a womans genitalia sexual assault is concerned.
already consummates rape.
Q: In case of RAPE, what are the circumstances which will
Q: What if, what the erectile penis has touched was the outer qualify the penalty?
portion of genitalia, that portion which became hairy during
puberty, you have to distinguish whether it is acts of A: In case of RAPE BY SEXUAL ASSAULT, the
lasciviousness or attempted rape. penalty is only PRISION MAYOR. It is a bailable
offense.
A: If it is a RAPE BY CARNAL KNOWLEDGE, note
CASE: PEOPLE VS JALOSJOS that the penalty is RECLUSION PERPETUA. It is a
non-bailable offense
If when an erectile penis has touched the outer
portion of a womans genitalia which becomes hairy
during puberty, if the intention of the said offender Q: In case of a RAPE BY CARNAL KNOWLEDGE, when is
is to lie, to have carnal knowledge against the said a penalty qualified?
woman, it is attempted rape. But if in doing so, the
said man has no intention to lie or to have carnal A: Reclusion Perpetua to Death:
knowledge, that is only ACTS OF 1. When rape is committed with the use of a
LASCIVIOUSNESS. deadly weapon
2. When rape is committed by two or more
persons
What about the other form of Rape RAPE BY SEXUAL 3. When by reason or on occasion of rape, the
ASSAULT victim becomes insane
4. When rape is attempted and homicide is
ELEMENTS: committed
1. Offender commits an act of sexual assault
2. The act of sexual assault is committed by any of the Q: What are the instances wherein the penalty to be imposed
following means is the capital punishment of death, so the extreme penalty of
a. By inserting his penis into another persons death?
mouth or anal orifice, or
b. By inserting any instrument or object into the 1. When by reason or on the occasion of rape,
genital or anal orifice of another person homicide is committed
3. The act of sexual assault is accomplished under 2. When the victim is under 18 years of age and the
any of the following circumstances: offender is a parent, ascendant, step-parent,
a. By using force or intimidation guardian, relative by consanguinity or affinity within
b. When the woman is deprived of reason or the 3rd civil degree, or the common law spouse of
otherwise unconscious, or the victim
c. By means of fraudulent machination or grave 3. When the victim is under the custody of the police
abused of authority or military authorities or any penal institution
d. When the woman is under 12 years of age or 4. When the rape is committed in full view of the
demented spouse, the parent, any of the children of the
relative by consanguinity within the 3rd civil degree
*So what if what has been inserted is the penis inside the 5. When the victim is a religious and gauged in
mouth or the anal orifice, before that would only amount to legitimate religious calling or vocation and he
acts of lasciviousness - before the passage of RA 8353. known to be such by the offender before or during
the commission of the rape
*The law says that it must be an instrument or object which 6. When the victim of the rape is below 7 years of age
was inserted in the genitalia or in the anal orifice of another 7. When the said offender knows that he has been
person. afflicted with HIV virus or AIDS or any other
sexually transmissible disease and the virus of the
disease is transmitted to the victim

8. When the said offender is a member of the AFP or B. "Sexual violence" refers to an act which is sexual in
parliamentary units, the PNP or any other member nature, committed against a woman or her child. It includes,
of the law enforcement agency who took advantage but is not limited to:
of his position in order to facilitate the commission
of the crime a) rape, sexual harassment, acts of lasciviousness,
9. By reason or on the occasion of rape, the said treating a woman or her child as a sex object,
victim suffered permanent physical mutilation or making demeaning and sexually suggestive
disability remarks, physically attacking the sexual parts of
10. When the offender knew that the offended party or the victim's body, forcing her/him to watch obscene
victim is pregnant at the time of the commission of publications and indecent shows or forcing the
rape woman or her child to do indecent acts and/or make
11. When the offender knew of the mental disability, films thereof, forcing the wife and mistress/lover to
emotional disorder and/or physical handicap of the live in the conjugal home or sleep together in the
offended party at the time of the commission of the same room with the abuser;
crime
The presence of any of these circumstances will bring about b) acts causing or attempting to cause the victim to
the imposition of the maximum penalty of death. However, engage in any sexual activity by force, threat of
death is lifted because of RA 9346 which prohibits the force, physical or other harm or threat of physical
imposition of death penalty. or other harm or coercion;
In case of rape, PARDON will not extinguish the criminal c) Prostituting the woman or child.
liability of the offender. According to Art. 266, pardon will not
extinguish the criminal liability of the offender. It is only C. "Psychological violence" refers to acts or omissions
through: causing or likely to cause mental or emotional suffering of
1. The offended woman may pardon the offender the victim such as but not limited to intimidation, harassment,
through a subsequent valid marriage, the effect of stalking, damage to property, public ridicule or humiliation,
which would be the extinction of the offenders repeated verbal abuse and mental infidelity. It includes
liability causing or allowing the victim to witness the physical, sexual
2. The legal husband maybe pardoned by forgiveness or psychological abuse of a member of the family to which
of the wife provided that the marriage is not void ab the victim belongs, or to witness pornography in any form or
initio to witness abusive injury to pets or to unlawful or unwanted
deprivation of the right to custody and/or visitation of
EXCEPTION: In case of MARITAL RAPE. If the legal wife
common children.
has forgiven or pardoned the legal husband.
Q: When is there PRESUMPTION OF RESISTANCE? D. "Economic abuse" refers to acts that make or attempt to
make a woman financially dependent which includes, but is
A: If in the course of the commission of rape, the not limited to the following:
said offended party has performed any acts in any
degree amounting to resistance of rape or when the 1. withdrawal of financial support or preventing the
said offended party cannot give a valid consent. victim from engaging in any legitimate profession,
occupation, business or activity, except in cases
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN wherein the other spouse/partner objects on valid,
ACT (VAWC) R.A. 9262 serious and moral grounds as defined in Article 73
Violence against women and their children of the Family Code;
- refers to any act or a series of acts committed by any
person against a woman who is his wife, former wife, or
2. deprivation or threat of deprivation of financial
against a woman with whom the person has or had a sexual
resources and the right to the use and enjoyment
or dating relationship, or with whom he has a common child,
of the conjugal, community or property owned in
or against her child whether legitimate or illegitimate, within
common;
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, 3. destroying household property;
assault, coercion, harassment or arbitrary deprivation of
liberty. 4. controlling the victims' own money or properties
or solely controlling the conjugal money or
Acts consisting violence against women and children: properties.
A. "Physical Violence" refers to acts that include bodily or Acts of Violence Against Women and Their Children.- The
physical harm; crime of violence against women and their children is
committed through any of the following acts:

(a) Causing physical harm to the woman or her (5) Engaging in any form of harassment or
child; violence;
(b) Threatening to cause the woman or her child (i) Causing mental or emotional anguish, public
physical harm; ridicule or humiliation to the woman or her child,
(c) Attempting to cause the woman or her child including, but not limited to, repeated verbal and
physical harm; emotional abuse, and denial of financial support or
(d) Placing the woman or her child in fear of custody of minor children of access to the woman's
imminent physical harm; child/children.
(e) 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 DATING RELATIONSHIP- refers to a situation wherein the
from conduct which the woman or her child has the parties live as husband and wife without the benefit of
right to engage in, or attempting to restrict or marriage or are romantically involved over time and on a
restricting the woman's or her child's freedom of continuing basis during the course of the relationship. A
movement or conduct by force or threat of force, casual acquaintance or ordinary socialization between two
physical or other harm or threat of physical or other individuals in a business or social context is not a dating
harm, or intimidation directed against the woman or relationship.
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 Q: The neighbor was aware of the beatings that the husband
child's movement or conduct: has been doing to his wife so the neighbor who was a
(1) Threatening to deprive or actually witness to all these beatings filed a case against the
depriving the woman or her child of husband. Will the case prosper?
custody to her/his family; A: Yes because under sec. 25, Violation Against
(2) Depriving or threatening to deprive the Women and Children (VAWC) is a public offense.
woman or her children of financial support Q: When does the crime prescribe?
legally due her or her family, or A: If it involves physical abuse; it shall prescribe
deliberately providing the woman's after 20 years. If it involves psychological, sexual,
children insufficient financial support; and economical abuse; it shall prescribe in 10
(3) Depriving or threatening to deprive the years.
woman or her child of a legal right;
(4) Preventing the woman in engaging in Q: Lets say the wife filed a case against the husband for
any legitimate profession, occupation, violation of RA 9262; during the presentation of evidence by
business or activity or controlling the the defense, the husband testified that he was always drunk.
victim's own mon4ey or properties, or He was alcoholic. Thats why he lost temper and beats the
solely controlling the conjugal or common wife. Will such defense mitigate the criminally guilty
money, or properties; husband? Can he use such defense?
(f) Inflicting or threatening to inflict physical harm on A: Under Sec. 27 it cannot be used because under
oneself for the purpose of controlling her actions or Sec. 27; the fact that the husband is under the
decisions; influence of alcohol, any illicit drug, or any other
(g) Causing or attempting to cause the woman or mind-alteringsubstance cannot be used as defense
her child to engage in any sexual activity which in VAWC therefore; alcoholism and drug addiction
does not constitute rape, by force or threat of force, cannot be a defense in VAWC.
physical harm, or through intimidation directed
against the woman or her child or her/his immediate Battered Women Syndrome (Sec. 26)
family; - Scientifically defined pattern of psychological
(h) Engaging in purposeful, knowing, or reckless and behavioral symptoms found in the
conduct, personally or through another, that alarms battering relationship as a result of cumulative
or causes substantial emotional or psychological abuse.
distress to the woman or her child. This shall
include, but not be limited to, the following acts: Under Sec. 26, it is provided that victim survivors
(1) Stalking or following the woman or her founded to be suffering from this battered women
child in public or private places; syndrome shall be exempted from both criminal
(2) Peering in the window or lingering and civil liability notwithstanding the absence of any
outside the residence of the woman or her of the elements of self-defense.
child;
(3) Entering or remaining in the dwelling The court however shall be held by a testimony of
or on the property of the woman or her a psychologist or psychiatrist if the woman is
child against her/his will; indeed suffering from the so called battered women
(4) Destroying the property and personal syndrome.
belongings or inflicting harm to animals or
pets of the woman or her child; and ANTI-HAZING LAW R.A. 8049
Q: What is hazing?

A: Hazing is an initiation rite or practice which is accomplice but as a principal if they have
used as an admission into membership in any such knowledge of the said conduct of the
fraternity or any other organization wherein the said initiation rites and they did not perform any act
recruit/neophyte/applicant is placed under the an inorder to prevent its occurrence.
embarrassing or humiliating situations such as Q: When is there a prima facie evidence of participation?
forcing him to do menial, silly, and foolish tasks or A: Any person who is present in the said hazing
services or subjecting him into psychological or or initiation rite shall constitute a prima facie
physical injury or crime. evidence that there is a participation and shall be
held liable as principal.
Q: Is hazing totally prohibited in the Philippines?
A: No. Hazing is not totally prohibited in the Q: What if in the said hazing an officer beat an applicant and
Philippines. Hazing is allowed provided that the he hit the neck thereby causing the death of the said
following requisites are present: neophyte/recruit/applicant and so when prosecuted he said:
I have no intention to commit so grave a wrong as that
1. There must be a prior written notice sent to the committed. Can such defense be used so as to mitigate his
head of the school authorities or the head of criminal liability?
the organization 7 days before the said A: No such defense is prohibited defense. Under
initiation rites and this prior written notice shall RA 8049; the defense that such person has no
contain the following: intention to commit so grave a wrong as that
a. It shall indicate the date of the said committed cannot be used by an accused under
initiation rites which shall not be more RA 8049.
than 3 days.
b. It shall indicate/state the names of the Whenever a person hits an applicant/neophyte,
neophytes or applicants who will he is already performing a felonious act
undergo the said hazing or initiation therefore he shall be held criminally liable for all
rites. the consequences of his actions. (Art 4 book 1)
c. It shall contain an undertaking which In the case of Lenny Villa Hazing; Sereno et. al.
states that there shall be no physical considered Art. 4 wherein they ruled Reckless
violence employed in any form on these Imprudence resulting to homicide.
neophyte recruits or applicants. o (I disagree) In Reckless imprudence,
the said person must be performing an
2. Upon the receipt of such prior written notice; act which is not felonious but by reason
the head of the school or organization shall of negligence or imprudence, a felony
assign atleast 2 representatives from their resulted. Therefore, in the case of
school or organization who must be present Lenny Villa, the ruling shall be
during the time of the said initiation rite or homicide, it shall not be reckless
hazing and these 2 representatives shall see imprudence.
to it that no amount of physical violence shall
be employed on any person or any neophyte
or recruit or applicant during the said hazing or
initiation rite. ANTI- CHILD ABUSE ACT R.A. 7610
Q: What if in the course of the said hazing or initiation rite In so far as RA 7610 is concerned; Children are those:
someone died or suffered physical injuries; who shall be held
criminally liable? Below 18 years of age
A: If in the course of hazing or initiation rite, Above 18 years of age who does not have the
someone died or some suffered any physical capacity to fully protect themselves against any
injuries; all of the officers and members of the said abuse, cruelty or maltreatment because of their
fraternity or organization who are present and who physical or mental disability.
participated in the said initiation rite shall be liable
as principal. Q: What if two children, A and B were fighting over a gun
toy. The mother of A saw B beating A so As mother held B
Q: What if the said initiation rite was conducted or held in a and gave him a tender slap. However, because B is still a
house of an Aling Nene? Is Aling Nene criminally liable? child, his face became reddish. Based in the medical
A: Aling Nene is liable as an accomplice if certificate, it showed that the said act of slapping was the
she has knowledge of the conduct of the said cause of the injury sustained by B that made his face
initiation rites and she did not do any act in order to reddish. What crime was committed by the mother of A? Is
prevent its occurrence. the mother liable for Child abuse or is the mother liable for
slight physical injuries?
If the said initiation rite took place in the house A: The mother of A is liable for slight physical
of a member or an officer of the said fraternity injuries only and not for violation of RA 7610.
or sorority; the parents of the said members or
officers shall be held liable not as an Q: What do you mean by Child Abuse?

A: Child abuse refers to the maltreatment, where the prostitution takes place, or of the sauna,
whether habitual or not, of the child which includes disco, bar, resort, place of entertainment or
any of the following: establishment serving as a cover or which engages
in prostitution in addition to the activity for which the
Physical or psychological abuse, neglect, license has been issued to said establishment.
cruelty, sexual abuse and emotional
maltreatment; When is there attempt to commit child prostitution?
Any act by deeds or words which debases, 1. when any person who, not being a relative of a
degrades or demean the intrinsic worth and child, is found alone with the said child inside the
dignity of a child as a human being. room or cubicle of a house, an inn, hotel, motel,
Unreasonable deprivation of his basic needs pension house, apartelle or other similar
for survival, such as food and shelter; or establishments, vessel, vehicle or any other hidden
Failure to immediately give medical treatment or secluded area under circumstances which would
to an injured child resulting in serious lead a reasonable person to believe that the child
impairment of his growth and development or is about to be exploited in prostitution and other
in his permanent incapacity or death. sexual abuse.
2. when any person is receiving services from a child
Not all acts committed against a child will result to in a sauna parlor or bath, massage clinic, health
child abuse. It is necessary that in the said act, club and other similar establishments.
there was this intention to debase, degrade or
demean the intrinsic worth of a child as a human
being. What is Child Trafficking
Any person who shall engage in trading and dealing with
Child Prostitution and Other Sexual Abuse children including, but not limited to, the act of buying and
What is child prostitution? selling of a child for money, or for any other consideration,
Children, whether male or female, who for money, profit, or or barter
any other consideration or due to the coercion or influence Aggravating Circumstance: if the victim is under 12 years
of any adult, syndicate or group, indulge in sexual of age
intercourse or lascivious conduct, are deemed to be children
exploited in prostitution and other sexual abuse.
Attempt to Commit Child Trafficking. There is an
Aggravating Circumstances: attempt to commit child trafficking under Section 7 of this Act:
(a) Those who engage in or promote, facilitate or
induce child prostitution which include, but are not (a) When a child travels alone to a foreign country
limited to, the following: without valid reason therefor and without clearance
(1) Acting as a procurer of a child issued by the Department of Social Welfare and
prostitute; Development or written permit or justification from
(2) Inducing a person to be a client of a the child's parents or legal guardian;
child prostitute by means of written or oral
advertisements or other similar means; (b) when the pregnant mother executes an affidavit
(3) Taking advantage of influence or of consent for adoption for consideration;
relationship to procure a child as
prostitute;
(4) Threatening or using violence towards (c) When a person, agency, establishment or child-
a child to engage him as a prostitute; or caring institution recruits women or couples to bear
(5) Giving monetary consideration goods children for the purpose of child trafficking; or
or other pecuniary benefit to a child with
intent to engage such child in prostitution. (d) When a doctor, hospital or clinic official or
(b) Those who commit the act of sexual intercourse employee, nurse, midwife, local civil registrar or
of lascivious conduct with a child exploited in any other person simulates birth for the purpose of
prostitution or subject to other sexual abuse; child trafficking; or
Provided, That when the victims is under twelve
(12) years of age, the perpetrators shall be
(e) When a person engages in the act of finding
prosecuted under Article 335, paragraph 3, for rape
children among low-income families, hospitals,
and Article 336 of Act No. 3815, as amended, the
clinics, nurseries, day-care centers, or other child-
Revised Penal Code, for rape or lascivious
during institutions who can be offered for the
conduct, as the case may be: Provided, That the
purpose of child trafficking.
penalty for lascivious conduct when the victim is
under twelve (12) years of age shall be reclusion
temporal in its medium period; and
(c) Those who derive profit or advantage therefrom,

whether as manager or owner of the establishment

TITLE NINE 3. If any serious physical injuries are inflicted upon the
CRIMES AGAINST PERSONSAL LIBERTY AND person kidnapped or detained or threats to kill him
SECURITY (ARTICLES 267 292) are made.
4. If the person kidnapped or detained is a minor
ART 267 KIDNAPPING AND SERIOUS ILLEGAL (unless the offender is his parents); a female, or a
DETENTION public officer.
It is committed when: a private individual kidnaps or
detains another or in any other manner to deprive him The presence of any of these circumstances will meet
of his liberty when such detention is illegal and it is the crime of Serious Illegal Detention and the absence
committed in any of the following circumstances: of any of the circumstance will make the crime Slight
1. If the kidnapping or detention should have Illegal Detention under Art 268.
lasted for more than 3 days.
2. If it is committed simulating a public authority. Note that the penalty is reclusion perpetua to death.
3. If threats to kill had been made upon the
person kidnapped or any serious physical
injuries are inflicted upon same. Circumstances which will qualify the penalty:
4. If the person kidnapped or detained is a minor, 1. If the purpose of the kidnapping is to extort ransom
female, or a public officer. from the victim or from any other person.
Kidnapping and Serious Illegal Detention
Any of the circumstances present, then we have serious for Ransom.
illegal detention.
Q: What is ransom?
Q: Who is the offender in Art 267? A: A ransom is the money, price, or any
A: He must be a private individual because if other consideration given or demanded
he is a public officer who has been vested by for the redemption of the liberty of the
law to make arrest and he detains a person; it person who has been detained or
will be arbitrary detention under Art 124. incarcerated.
Q: Can a public officer commit kidnapping and serious
illegal detention? PEOPLE VS. MAMANTAK
A: Yes if the said public officer has not been - While the mother and the daughter where in a food
vested by law with the authority to effect arrest chain in tondo; the mother lost the said child.
and to detain a person then the said public - she had been looking for the said child for a year.
officer is acting in his private capacity. - A year and six months thereafter, the said mother
Although a public officer; since he is acting in received a call from a woman who sounded to be a
his private capacity, the crime committed is masculine man from Lanaodel Norte according to
kidnapping and serious illegal detention under the said woman.
Art 267 and not arbitrary detention under Art - The woman said that she has the child with her and
124. the woman was demanding P 30,000 in exchange
for the child.
The second element requires that the offender kidnaps - The said woman, Mamantak and company asked
or detains another or in any other manner depriving him the mother to go to a certain restaurant.
of his liberty. - The mother went to the said restaurant however the
mother already informed the authorities.
Q: When is there detention? - Upon the exchange of the child and the demand;
A: There is detention if the offender restrains a Mamantak and co. were arrested by the said
person or the liberty of another person. He authorities.
must be detained, incarcerated. There must be - The crime charged was: Kidnapping and Serious
showing that there is a restraint on his person Illegal Detention for Ransom.
or liberty; otherwise, if there is no restraint on - RTC ruled that it is only kidnapping and serious
the person or liberty on the part of the offended illegal detention but not for ransom because
party, it could be any other crime but not according to the trial court; the amount given is
kidnapping and serious illegal detention. measly a sum to be considered as ransom because
according to the RTC; it is only in payment for the
The law requires that the kidnapping and detention must board and logging of the child during the time that
be illegal therefore there must be no reasonable ground. she was in the captivity of the said woman.
- SC ruled that the crime committed is kidnapping
and serious illegal detention for ransom. Even if it
Circumstances which will make the crime serious: is only 5 centavos; if it was given in exchange for
1. The kidnapping or detention should have lasted for the liberty of a person who has been detained, by
more than 3 days; whose liberty has been restricted; it is already
2. If it is committed by simulating public authority. considered as ransom.
By pretending to be police officers, - There is no such thing as small amount in so far
pretending to be NBI agents as ransom is concerned.

kidnapper) and the NBI agents. While there was an

Q: Lets say A is indebted to B; B was asking payment exchange of gun fires, the father saw his child so the
from A, A however said that he has no money until B father rushed towards the son, carry the son and they
got fed up so what B did is he kidnapped and detained were able to leave the said hideout. While they were
the minor child of A. He then called A telling the same: leaving, A the kidnapper saw them and A the kidnapper
I will only release your minor child the moment you shot the father. What crime/s is/are committed?
give your indebtedness in the amount of a million A: In so far as the minor is concerned; the
pesos. Is the crime committed kidnapping and serious crime committed is Kidnapping and
illegal detention for ransom? serious illegal detention even if it did not
A: Yes it is already kidnapping and last for a period of more than 3 days, the
serious illegal detention for ransom even fact that the offended party is a minor, it is
if the amount being asked by the already kidnapping and serious illegal
kidnapper is the indebtedness of the detention.
father of the said child. Any amount
demanded in exchange for the liberty of In so far as the father who has been killed;
the person detained; that is already since he is not the victim of serious illegal
considered as ransom. detention, it will constitute a separate and
distinct crime of: homicide.
2. When the victim is killed or dies as a consequence
of the kidnapping or detention. Therefore, there are 2 crimes committed
Kidnapping and Serious Illegal by the said kidnapper. Kidnapping and
Detention with Homicide. serious illegal detention in so far as the
This is a special complex crime. child is concerned and homicide in so far
Therefore, since it is a special as the father who has been killed is
complex crime; regardless of the concerned.
number of victims killed; it is still
kidnapping and serious illegal 3. When the victim is raped.
detention with homicide. Kidnapping and Serious Illegal
Detention with Rape.
PEOPLE VS. LARANAGA
- There were two kidnap victims and these two It is necessary that the victim is the one who
sisters were both killed and raped yet the SC held has been raped.
that the crime committed was kidnapping and Again; since this is a special complex crime;
serious illegal detention with homicide and rape. regardless of the times that the victim has been
- Despite the fact that there were 2 victims who were raped. The crime committed is only kidnapping
killed and raped because regardless of the and serious illegal detention with rape. There
numbers of the victims killed, since it is a special is no kidnapping and serious illegal detention
complex crime; in the eyes of the law there is only with multiple rape.
one crime committed so it is only: Kidnapping and
Serious illegal detention with homicide. 4. When the victim is subjected to torture or any
dehumanizing acts.
Note however that it is required that the victim himself is
the one who has been killed. If it is another person; it The presence of any of these circumstances will bring
will result to a separate and distinct crime because the about the imposition of maximum penalty of death.
law is particular that the person detained/ kidnapped
must be the one who is killed or died as a consequence Q: A, a 6 yr old child is playing at a playground at about
thereof. 5 oclock in the afternoon while the mother is hanging
clothes. A man (X) gave the child a candy and the child
Q: What if A kidnapped the child of B who is his enemy. was so happy. Later, the man again approached the
The said child is 10 years old and he was placed in a child and gave the child money and then the said man
hideout. The child tried to escape but A saw him so A invited the child to go with him. Since the child was so
fired a shot towards the child which resulted to the death happy because the man was so good to her; the child
of the child. What crime is committed? went with the said man. At 6 oclock; the mother came
A: The crime committed is kidnapping looking for the child but the child was no longer in the
with serious illegal detention with playground. Meanwhile, the man brought the child to his
homicide. place. That evening, the mother kept on looking for the
child however they could not locate the child. In the
Q: What if in the same problem; the father learned about house of the man, the child was molested and raped
the said kidnapping so the father informed the NBI twice. The following morning, when the mother opened
agents. The NBI agents were able to track down the the door of the house, she saw her child at the door with
place where the said child was being hidden so the NBI torn clothes and blood. So the man was charged with
agents together with the said father went to the hideout. serious illegal detention with rape. Is the charge
There was an exchange of gun fires between A (the correct?

A: The charge is wrong because the 1. It is necessary the release has been
obvious intention of the man is to rape the made within 3 days from the
child and not to detain the child therefore commencement of the said
the SC said: the crime committed would kidnapping.
be 2 counts of statutory rape not only a 2. It must have been made without the
single indivisible offense of kidnapping offender having attained or
and serious illegal detention with rape but accomplished his purpose.
2 counts of statutory rape because the 3. It must have been made before the
said child is under 12 years of age and she institution of the criminal proceedings
was raped and molested twice. Therefore, against the said offender.
unless and until there was an intent to
detain on the part of the offender; it could If all of these 3 are present then such
be any other crime but not kidnapping and voluntary release of the offender will
serious illegal detention. mitigate the criminal liability of the said
offender.
Q: A saw his enemy walking. He abducted his enemy
and placed him inside the van. The following morning, Q: What if the person kidnapped by A is a public
the said enemy was found in a vacant lot with 10 officer? He is mad with the said public officer and
gunshot wounds. What crime is committed? so he kidnapped the same and detained him in the
A: The crime committed is Murder. morning. In the evening, he immediately released
Obviously, there was no intent to detain the public officer because he told himself that
the offended party. The intent was to kill perhaps the NBI would look after him so he
him. Therefore the crime committed is immediately released the public officer. Will such
murder and not kidnapping and serious release mitigate his criminal liability?
illegal detention with homicide or murder A: No. the fact that the person kidnapped
as the case may be. is a public officer; the crime would
immediately be kidnapping and serious
Inorder for kidnapping and serious illegal detention to illegal detention under 267. And if the
amount to with rape, murder, with homicide with crime is committed under Art 267, no
physical injuries; it is necessary that there is an intent to amount of voluntary release will mitigate
detain and in the course of the said detention, the victim the criminal liability of the offender.
dies, raped, subjected to torture or other dehumanizing
acts. So if the victim is a minor, a female, or a public
Again, as mentioned earlier; the absence of any of the officer; automatically, it will be kidnapping and
circumstances which will make illegal detention serious serious illegal detention and no amount of voluntary
will make the crime Slight Illegal Detention under Art release will mitigate the offenders criminal liability.
268.
ART 269 UNLAWFUL ARREST
ART 268 SLIGHT ILLEGAL DETENTION Unlawful arrest is committed by: any person who
Slight illegal detention is committed by: any person shall arrest or detain another without authority by
who shall kidnap or detains another or in any other law or without reasonable ground therefore and his
manner deprive him of his liberty when the said main purpose is to deliver him to the proper
detention is illegal absent of any of the authorities.
circumstances under Art 267; it will only be slight The purpose is: to deliver him to the proper
illegal detention. authorities.
Q: What if A was so envious of his neighbor. To teach Q: A was walking when suddenly he was arrested by
the neighbor a lesson, he kidnapped and detained the B, a police officer. The police officer said that a case
said neighbor and placed the said neighbor in a has to be filed against him. The arrest was made without
secluded place in a vacant area one morning. However, warrant of arrest. A was not caught committing a crime
later on, A felt sorry for his neighbor and he released his inflagrante delicto and not also an escapee but he was
neighbor that night. What is the effect in the criminal incarcerated. Thereafter a case has been filed against
liability of the offender A? him however since there was no complainant, the fiscal
A: Under Art 268 (Slight Illegal Detention); dismissed the case for lack of probable cause. What
if the offended party has been released. crime is committed by the police officer?
Such release will be considered as a A: The crime committed is unlawful arrest.
privileged mitigating circumstance
because from the penalty of reclusion Q: What about the fact that he has been detained
temporal, the penalty would be lowered by arbitrarily?
one degree that is prision mayor. A: It is already absorbed because the
Note however that this voluntary release of the victim intention of the said police officer is to file
may only be considered as a privileged mitigating a case against him that is; to deliver him
circumstance the ff requisites must concur: to the proper authorities. Therefore the

arbitrary detention is merely incidental in only difference is that under Art 270; if the
the said act of unlawful arrest. offender is any other person the penalty is
reclusion perpetua. But if the offender is
ART 270 KIDNAPPING AND FAILURE TO RETURN A the father or the mother, note that the
MINOR penalty is so low; only arresto mayor or a
Kidnapping and failure to return a minor is fine of not more than P300 or both fine and
committed by: any person who had been entrusted penalty depending upon the discretion of
with the custody of a minor who shall deliberately the court therefore, even the father or the
fail to restore the said minor to his parents or mother can be held liable under Articles
guardians. 270 and 271. The only difference is their
respective penalties.
Q: Who is the offender?
A: The offender is the person entrusted
with the custody of a minor. ART 272 SLAVERY
ELEMENTS:
Q: When will the crime arise? 1. The offender purchases, sells,
A: The crime will arise if the offender shall kidnaps or detains a human being.
deliberately fail to restore the said minor 2. The purpose of the offender is to
to his parents or guardians. enslave such human being.
Q: What if A and B has a child and they entrusted the It is committed by: Any person who shall buy, sells,
child to X as they will be going for a vacation for a week. kidnaps or detains a person for the purpose of
They told X to deliver the child to them after 7 days. A enslaving the said person.
week after, the husband and wife arrived home but X If the purpose is to engage in immoral traffic; then
failed to deliver the said child. The reason of X was he the penalty will be qualified.
was so busy with his work that he forgot that it was
already the 7th day from the time that he has been ART 273 EXPLOITATION OF CHILD LABOR
entrusted with the child. Can he be held liable under Art ELEMENTS:
270? 1. Offender retains a minor in his
A: No because he did not deliberately fail service.
to restore the said minor to his parents or 2. It is against the will of the minor.
guardians. The law requires deliberate 3. It is under the pretext of reimbursing
failure. Here, he only failed because of himself of a debt incurred by an
negligence or just because he was so ascendant, guardian or person
busy. entrusted with the custody of such
minor.
ART 271 INDUCING A MINOR TO ABANDON HIS HOME
It is committed by: any person who induces a minor It is committed by: Any person who shall detain a
to leave the home of his parents, guardians, or child in his service against the will of the child under
person entrusted with the custody of the said minor. the pretext of reimbursing a debt incurred by the
The crime will arise even if the child hasnt left the parents, ascendants, guardian or any person
house of the parents or guardians. Mere entrusted with the custody of the child.
inducement with intent to cause damage will
suffice.
Q: A and B husband and wifes marriage has been

declared a nullity by the court and the custody of their 5
yr old child has been given definitely to the mother.
However the father has been given visiting rights. One
Sunday, the father visited the 5 yr old son and the son
was brought out by the father. Usually, whenever the
father takes his son out; he will return the child by night
time. However this time, the father did not bring back
the child to the house of the mother and so the mother
demanded the return of her son but the father still failed
to return their child therefore the mother filed a case of
Kidnapping and failure to return a minor under Art 270
against the father. Will the case prosper?
A: Yes the case will prosper. Under Art

271 it is provided that Art 270 and 271 can
also be committed not only by strangers
but also by the father or the mother. The

ART 274 SERVICES RENDERED UNDER assistance but he failed to render

COMPULSION IN PAYMENT OF DEBT assistance therefore A may be held liable
ELEMENTS: for violation of Art 275.
1. Offender compels a debtor to work for him,
either as household servant or farm Q: But what if when A found B and he was bitten by
laborer. a snake and the snake was still there. B was asking
2. It is against the debtors will. for help however A did not give help because
3. The purpose is to require or enforce the theres a snake. Hes afraid that he might get bitten
payment of a debt. by the snake too. Can A be held liable under Art
275?
It is committed by: a creditor to shall compel a A: No because helping B will be
debtor to work for him as a household servant or a detrimental on his part.
farm laborer against the will of the said debtor
inorder to require or enforce the payment of a debt. Q: What if A was driving his vehicle when suddenly
his car tripped on a stone so the stone flew and hit
ART 275 ABANDONMENT OF PERSONS IN DANGER an eye of a bystander. The left eye bled. Is A liable?
AND ABANDONMENT OF ONES OWN VICTIM A: No because it is purely accidental; it is
ACTS PUNISHED: an exempting circumstance. He was
1. Failing to render assistance to any performing an act with due care and
person whom the offender found in accident happened without fault or
an uninhabited place wounded or in negligence on his part
danger of dying when he can render
such assistance without detriment to Q: What if when the left eye of the bystander bled;
himself, unless such omission shall A saw him and he knows that the bystander is his
constitute a more serious offense. victim. However, instead of bringing the bystander
to the hospital; he increased his speed and left. Is
2. Failing to render help or assistance to A criminally liable this time?
another whom the offender has A: Yes.
accidentally wounded or injured.
For the first act he is not liable because it
3. Failing to deliver a child under 7 years is purely accidental but when he failed to
of age whom the offender has found render help or assistance to his own
abandoned, to the authorities or to his victim. This time, he is criminally liable
family, or failing to take him to a safe under Art 275.
place.
Q: A saw B at Luneta Park. He was wounded and ART 276 ABANDONING A MINOR
bitten by a dog and he was crying for help. ELEMENTS:
However, A, instead of helping B left. Is A liable 1. Offender has the custody of the child.
under Art 275? 2. Child is under 7 years of age.
A: No because the place is not an 3. He abandons such child.
uninhabited place. Luneta Park is a public 4. He has no intent to kill the child when
place. People come and go there. the latter is abandoned.
Therefore, A is not liable under Art 275
despite the fact that B is wounded and Abandoning a minor is committed by any person
dying. who has been entrusted with the custody of a child
under 7 years of age and he abandons the said
Uninhabited place child permanently, deliberately, and consciously
- One wherein theres a remote possibility for the with no intent to kill the said child.
victim to receive some help. The penalty will be qualified if DEATH resulted from
the said abandonment or WHEN THE SAFETY OF
Q: What if in the same problem, A found B in a THE CHILD HAS BEEN PLACED IN DANGER.
forest? So A went hunting in a forest when he
suddenly saw B in the middle of the forest. There Q: A woman; an OFW worker who left her newly
was this big trunk of tree on the neck of B and he born child inside a garbage bin of an
cannot move. He was begging for the help of A. A aircraft/airplane and later she has been arrested.
however left. Later, B was rescued. Can he file a What crime is committed by the said mother?
case in violation of Art 275 against A? A: The crime committed is Abandoning a
A: Yes because B was found by A in an Minor under Art. 276. The mother is in
uninhabited place and he was wounded custody of the child and she deliberately
and in danger of dying because theres a or and consciously abandoned her child
big trunk of tree on his neck and theres no without the intent to kill. Obviously there
detriment on the part of A to render was no intent to kill because she could

have killed the said child instead she These acts are considered as exploitation of minors
placed her child inside a garbage can in because these acts endanger the life and safety, the
the restroom of an aircraft so there was no growth and development of the minors. (usually these
intent to kill therefore the crime committed involves circus)
is Abandoning a Minor under Art. 276.
Note: If the delivery of the said child is on the basis of a
ART 277 ABANDONMENT OF MINOR BY A PERSON consideration, compensation or money, the penalty will be
ENTRUSTED WITH HIS CUSTODY; INDIFFERENCE OF QUALIFIED.
PARENTS
ACTS PUNISHED: Mere act of delivering the child gratuitously under 16
1. Abandonment of a child by a person years of age; the crime is already committed.
entrusted with his custody. The fact that it is with consideration; the penalty will be
It is committed by: any person qualified.
who, having entrusted with the
living and education of a minor
shall deliver a minor to a public ART 280 QUALIFIED TRESSPASS TO DWELLING
institution or other persons It is committed by: a private individual who shall
without the consent of the person enter the dwelling of another against the will of the
who entrusted such minor to the latter.
care of the offender or, in his
absence, without the consent of ELEMENTS:
the proper authorities. 1. Offender is a private individual
It is committed by a private individual
2. Indifference of parents because if it is a public officer; then the
It is committed by: any parent who crime is under Art 128 which is: Violation
neglects any of his children by not of Domicile.
giving them the education which 2. He enters the dwelling of another
their station in life requires and 3. Such entrance is against the will of the latter.
financial capability permits. As discussed under Art. 128; when
the law says against the will, there
ART 278 EXPLOITATION OF A CHILD must be a prohibition or opposition
ACTS PUNISHED: from entering whether express or
1. Causing any boy or girl under 16 to engage implied.
in any dangerous feat of balancing,
physical strength or contortion, the offender Mere entry without consent will not bring about
being any person. QUALIFIED TRESSPASS TO DWELLING.
2. Employing children under 16 years of age If the door is opened therefore it means that anyone
who are not the children or descendants of could enter even without the consent of the owner and
the offender in exhibitions of acrobat, the moment he enters he is not liable for qualified
gymnast, rope walker, diver, or wild animal trespass to dwelling because there is no prohibition or
tamer, the offender being an acrobat, etc., opposition from entering.
or circus manager or person engaged in It is necessary that there is an opposition or prohibition
any of said callings. from entering. It can be expressed prohibition (e.g. A
3. Employing any descendants under 12 note which states: Do Not Enter or the door was closed
years of age in dangerous exhibitions and a person knocked so the owner got up and opened
enumerated on the next preceding the door but upon seeing the person he immediately
paragraph, the offender being engaged in closed the door) or implied prohibition (e.g. Door is
any of the said callings. closed even if it is not locked).
4. Delivering a child under 16 years of age
gratuitously to any person if any of the ART 281 OTHER FORMS OF TRESSPASS TO
callings enumerated in paragraph 2, or to DWELLING
any habitual vagrant or beggar, the (TRESSPASS TO PROPERTY)
offender being an ascendant, guardian, ELEMENTS
teacher, or a person entrusted in any 1. Offender enters the closed premises
capacity with the care if such child. or the fenced estate of another.
5. Including any child under 16 years of age 2. Entrance is made while wither of
to abandon the home of its ascendants, them is uninhabited.
guardians, curators or teachers to follow 3. Prohibition to enter is manifest.
any person entrusted in any of the callings 4. Trespasser has not secured the
mentioned in paragraph 2 or to accompany permission of the owner or the
any habitual vagrant or beggar, the caretaker thereof.
offender being any person.

Trespass to property is committed by: any person DISTINCTION: GRAVE, LIGHT, OTHER LIGHT
who enters a closed premises or fenced estate THREATS
which at that time is uninhabited and the
GRAVE LIGHT OTHER LIGHT
prohibition to enter is manifest and the offender
enters the said uninhabited place without securing THREATS THREATS THREATS
the permission of the owner or the care taker The threat is The threat does Committed by
thereof. always & not amount to a threatening
always crime. It is another with a
TRESSPASS TO TRESSPASS TO amounting to always and weapon or draw
DWELLING PROPERTY and constituting always subject such weapon in a
Place entered into is a Place entered into is a a crime. It may to a demand of quarrel, unless it be
dwelling and closed premises or a fenced or may not be money or the in lawful self-
uninhabited. estate which is uninhabited. subject to imposition of defense; or orally
Prohibition to enter can demand of any other threatening, in the
Prohibition to enter must be
either be expressed or
manifest. money or condition, even heat of anger,
implied.
imposition of though not another with some
Entry was made against Entry was made without other unlawful. harm not
the will of the owner or securing the permission conditions. The constituting a
the possessor of the said from the owner or the care
offender may or crime, and who by
dwelling. taker of the said property.
may not attain subsequent acts
his purpose. show that he did
not persist in the
Q: Lets say there are these town houses. In one of
the town houses, town house A; theres no person idea involved in his
living at the moment and there was this sign: FOR threat; or orally
RENT/ FOR LEASE. X entered the said town threatening to do
house. What crime is committed by X? Is it qualified any harm not
trespass to dwelling or is it trespass to property? constituting a
A: It is trespass to property because it is
felony.
a closed premises which is uninhabited at
the time of the entering and he entered
without first securing the permission of the
ARTICLE 282 GRAVE THREATS
owner/care taker.
PUNISHABLE ACTS:
1. Threatening another with the infliction upon his
Q: What if there is this house which is occupied by
person, honor or property or that of his family of any
husband A and B. Husband A and B went for a
wrong amounting to a crime and demanding money
vacation for a month. So for a month, there is no
or imposing any other condition even though not
person in the said place. X learned that there is no
unlawful, and the offender attained his purpose.
person in the said place. He entered the said place.
2. By making such threat with the infliction upon his
What crime is committed? Is it qualified trespass to
person, honor or property or that of his family of any
dwelling or trespass to property?
wrong amounting to a crime and demanding money
A: The crime committed is Qualified
or imposing any other condition even though not
Trespass to Dwelling. The said place is
unlawful and without the offender attaining his
a residential place and there is someone
purpose. (Elements for this act are the same with
who is occupying it even if at the moment
the first except that the purpose is not attained.)
there are no people because the said
3. By threatening another with the infliction upon his
husband A and B are on vacations, it is
person, honor or infliction upon his person, honor
still considered as an inhabited place.
or property or that of his family of any wrong
Therefore, the moment anyone enters, the
amounting to a crime, the threat not being subject
crime committed is trespass to dwelling
to any demand of money or imposition of any
and not trespass to property.
condition.
THREE KINDS OF THREATS:

ARTICLE 283 LIGHT THREATS
1. Grave threats
Light threats is committed if a person threatens another with
2. Light threats
the commission of any wrong which does not amount to a
3. Other light threats
crime. But it always subject to a demanded money or the
imposition of any other condition even though not unlawful.

Art. 284 BOND FOR GOOD BEHAVIOR

In all cases falling within the two next preceding Q: So what if A went to the store and then from the said store
articles, the person making the threats may also be required he learned that had been spreading negative rumors against
to give bail not to molest the person threatened, or if he shall him. And so A was so mad, he was so angry that he went to
fail to give such bail, he shall be sentenced to destierro. the house of B and he called on B: B get out of the house! I
will kill you! I will kill you! Get out of the house B! But B did
ARTICLE 285 OTHER LIGHT THREATS not get out of the house. Instead, it was the son of B who
There are 3 instances or punishable acts under light came out of the house and said: What do you want with my
threats: father? A angrily said that, You let your father come out or
1. Threatening another with a weapon or by drawing I will kill him because he has been spreading negative
such weapon in a quarrel, unless it be in lawful self- rumors about me. The son went inside the house and did
defense. Here, the weapon must not be not come back. The father also did not come out of the
discharged. house. And so later, A just left the house. What crime is
2. Orally threatening another, in the heat of anger, committed by A? Is it grave threats, light threats or is it other
with some harm constituting a crime, without light threats?
persisting in the idea involved in his threat. A: The crime committed is under Article 285
3. Any threat made in a jest or in the heat of anger OTHER LIGHT THREATS. Orally, in the heat of
constitutes light threat only. anger, he threatened another with a harm
4. Orally threatening to do another any harm nt constituting a crime, but he did not pursue with the
constituting a felony. idea in his threat. It is only other light threats.
So whether it be grave threats, light threats or other light Q: What if, let us say, A saw that B has a new car. It was a
threats, the essence of threats is INTIMIDATION. It is a luxury car. He knew that it was smuggled and so he told B:
promise of a future wrong, a promise of a future harm. Not B, if you will not give me P500,000, I will call the Bureau of
now, but in the future. Customs, I will tell Comissioner Biazon right now that your
car is smuggled. What crime if any is committed by A
So, since it is a promise of a future wrong, threats may be against B?
committed either personally or orally or it can also be A: It is LIGHT THREATS. He threatened to commit
committed in writing or through an intermediary. If threats are a wrong which does not constitute a crime. It is not
committed through writing or through an intermediary, the a crime to inform the Bureau of Customs that the
penalty is qualified. car was smuggled and it is subject to a demand of
money and the imposition of any other condition
Q: What is the difference between grave threats, light threats even though not unlawful.
or other light threats?
Q: What if A, who is the creditor of B, was inside the house
A: In GRAVE THREATS, the threat will always of B. He was asking B to pay his indebtedness. B said: Get
amount or constitute a crime. It may or may not be out of my house. If I still see you in the afternoon when I get
subject to a demand money or condition. The back inside my house and if you are still here, I will kill you.
offender may or may not attain his purpose. But, in What crime is committed?
grave threats, the threats will always amount or will A: In this instance where B told A : Get out of my
always constitute to a crime. On the other hand, in house. If I still see you in the afternoon when I get
case of LIGHT THREATS, the threat will not back inside my house and if you are still here, I will
constitute to a crime but it is always and always kill you. The crime committed is GRAVE
subject to a demand of money or the imposition of THREATS. There is a promise of a future wrong to
any other condition. be committed in the afternoon if A is still there in the
house.
So in LIGHT THREATS, the threat threatened to be
committed will not amount to a crime, will not Q: What if in the same problem, A was asking B to pay his
constitute to a crime, however it is always subject indebtedness. B said: Get out of my house! Otherwise, I will
to a demand of money or the imposition of any kill you. What crime is committed?
other condition, even though not unlawful. A: The crime committed is GRAVE COERCION.
The threat is present, direct, personal, immediate
Lastly, in case of OTHER LIGHT THREATS, other and imminent. Not in the future, but now direct,
light threats can be done by threatening another personal and immediate.
with a weapon or by drawing such weapon in a
quarrel, unless it be in lawful self-defense or it can Note that in case of threats made while committing
be done by orally threatening another with a harm physical injuries, threats are absorbed.
amounting to a crime in the heat of anger. So it is
necessary that the offender is in the heat of anger ARTICLE 286 GRAVE COERCIONS
or he threatens another with a harm amounting to 2 way of committing grave coercion:
a crime. But he did not pursue with the idea 1. Preventive Coercion
involved in his threat. And the last one is by orally 2. Compulsive Coercion
threatening another which does constitute a crime.

PREVENTIVE COERCION if a person prevents another, It is committed by a creditor who shall seize anything
by means of violence, threat or intimidation, from doing belonging to his debtor by means of violence or intimidation
something not prohibited by law. in order to apply the same to the indebtedness.
There is one form of light coercion under Article 287, that is
COMPULSIVE COERCION if a person compels another, UNJUST VEXATION. It is a form of light coercion.
by means of violence, threat or intimidation, to do something UNJUST VEXATION refers to any human conduct, which
against his will, whether it be right or wrong, whether it be although not capable of producing any material harm or
prohibited or not by law. injury, annoys, vexes or irritates an innocent person.
So, to amount to preventive coercion, the offender by means
of violence prevents someone from doing something which Example in Book I: a person walking and hit with a lead pipe
is not prohibited by law. on the head.
Q: Therefore, what if, the offender prevents someone from CASE OF BALEROS, JR.:
doing something which is prohibited by law? So let us say A, There was a UST medical student. There was a
wanted to enter the house of B, against the will of B. X saw cloth soaked with chemical pressed on her face. So
A wanting to enter the house of B against the will of B. X there was this man, she was awakened with a man
prevented A. A in his act of wanting to enter the house of B, on top of her placing a cloth soaked with chemical
is an act prohibited by law, so X prevented A from doing so. pressed on her face. The charge was attempted
However, A still pursued with the act of entering and so what rape. Supreme Court said it was just UNJUST
X did in order to prevent him is that X boxed A resulting in VEXATION nang-iinis lang daw yung lalaking
his injury of slight physical injuries. What crime is committed yun. So, Supreme Court said it is a human conduct
by X? which annoys or vexes the said female medical
A: It is not grave coercion. Because X is preventing student.
A by means of violence and intimidation, not from
doing something which is prohibited by law but from Art. 288 OTHER SIMILAR COERCIONS;
doing something which is prohibited by law. (COMPULSORY PURCHASE OF MERCHANDISE AND
Therefore, it is not grave coercion. PAYMENT OF WAGES BY MEANS OF TOKENS)
So what crime is committed? Other light coercion is committed by forcing or compelling
The crime committed is SLIGHT PHYSICAL directly or indirectly or knowingly permitting the forcing or
INJURIES. compelling any employee or laborer to buy merchandise or
commodities from the said employer. And lastly, by paying
Q: What if in case of grave coercion, it is necessary that the the wages due to the laborer or employees by any tokens or
offender compels another to do something against his will, object other than the legal tender currency of the Philippines
regardless of whether it be right or wrong, regardless of unless to be requested by the said employee or laborer.
whether it is allowed or prohibited by law. The fact is a
person cannot put the law in his hands and prevent someone So it is more on LABOR other light coercion.
from doing something so long as it is against his will.
A: So in case of grave coercion, if the essence of Q: What if a person, A threatened to kill B. and so B filed a
threats is intimidation or a promise of a future case of grave threats against A. The case was filed before
wrong, a promise of a future injury, the injury or the court. Upon the filing of the court, what bail, if any, should
threat is present, direct, personal, immediate and the court impose on A in order to insure that A will not make
imminent. It is NOW. That is why, grave coercion good the said threat?
cannot be committed in writing or through an A: Under Article 284, we have BOND FOR GOOD
intermediary because it is always personal. Hence, BEHAVIOR. Bond for good behavior is a bail which
it is about to take place imminent and immediate. is required by the court to be posted by any
accused only in the crimes of grave threats and
Q: So how would you distinguish threat vs. coercion? other light threats. In the crimes of grave threats or
THREAT COERCION other light threats, the court would allow or would
The wrong threatened to require an accused to file or to post a bond for good
The wrong threatened to behavior in order to ensure that he will not make
be committed is direct,
be committed is in the good the said threat. If the said accused failed to
personal, immediate and
future pay or post the said bond for good behavior, then
imminent
Cannot be committed in the penalty hat would be imposed is destierro in
May be committed in writing or through internet order to ensure that he will not make good the said
writing or through an chatting because it is threat.
internet chatting always personal and
immediate REVELATION OF SECRETS:
It is violence or intimidation
The essence of threat is ARTICLE 290 DISCOVERING SECRETS THROUGH
amounting serious enough
intimidation SEIZURE OF CORRESPONDENCE
to amount to violence
We have seizure of correspondence in order to discover the
ARTICLE 287 LIGHT COERCION secrets of another.

This is committed by any person who shall seize any without the consent of all the parties. Without being
correspondence of another in order to discover the secret of authorized by all the parties to the said private
any person. communication or spoken word.
NOTE: In case of seizure of correspondence in order to Q: So what if A told B to come inside his room and when B
discover the secrets of another, DAMAGE is not element. entered the room, A started scolding B. In scolding B, A said
Likewise, REVELATION is not an element. scandalous remarks against B. Unknown to A, B was tape
recording the private conversation between them. Can B
The mere act of seizing the correspondence of another later use the said tape recording in order to file a case of
with the intention to discover the secrets, the crime is defamation or slander against A?
already consummated. It is not necessary that the secret A: NO. Because the said act of tape recording
be revealed, it is not necessary that there be damage on the without being authorized by all the parties to a
part of the offended party. private communication or spoken word is
inadmissible in any judicial, quasi-judicial,
ARTICLE 291 REVEALING SECRETS WITH THE legislative or administrative proceedings or
ABUSE OF OFFICE investigation.
This is committed by a manager or by an employee or by a
servant who reveals the secrets of his principal or master The ONLY EXCEPTION is when a police officer or peace
learned by him in such capacity. officer is authorized by written order of the court to listen to,
It is the REVELATION OF SECRETS which will intercept or record any communication in crimes involving
consummate the crime, not merely discovery but revelation treason, espionage, inciting to war or giving motives for
of the said secrets. Again, damage is not an element. It is reprisals, piracy, mutiny, rebellion, conspiracy and proposal
not necessary that the offended party be prejudiced or to commit rebellion, sedition, conspiracy to commit sedition
damaged. and kidnapping. Only in these instances and provided that
the said peace officer is authorized by a written order coming
from the court may he be allowed to intercept, listen to or
ARTICLE 292 REVELATION OF INDUSTRIAL record the private communication or spoken word.
SECRETS
This is committed by any person in charge, employee or
workman of a manufacturing or industrial establishment who
shall learn and discover the secrets of the industry and shall
reveal the same to the prejudice of the owner thereof.
In case of revelation of industrial secrets, mere revelation
of those secrets will not suffice. There must be DAMAGE
OR PREJUDICE CAUSED TO THE OFFENDED PARTY.
The law requires to the prejudice of the owner thereof.
RA 92400 - ANTI-WARTAPPING LAW

The following acts are punishable:
1.) It shall be unlawful for any person, without
securing the consent of all the parties to any
private communication or spoken word, to tap
any wire or cable, or by using any other device
or arrangement to secretly overhear, intercept
or record such private communication or
spoken word by using a device commonly
known as a Dictaphone or dictagraph, walkie
talkie, tape recorder, or other similar devices.
2.) Knowingly possessing any tape record, wire
record, disc record, or any other such record,
or copies thereof, of these private
communication or spoken word.
3.) Replaying these any tape record, wire record,
disc record to another person.
4.) Communicating the contents of the said tape
record, wire record or disc record, in writing or
verbally to another person.
5.) Furnishing transcriptions of these tape record,
wire record or disc record whether totally or
partially to any other person.
What is foremost prohibited is the act of tapping, recording

or intercepting any private communication or spoken word

TITLE TEN loss of an eye, a hand, foot, an arm, or a leg or the

CRIMES AGAINST PROPERTY loss of the use of any such member or incapacity to
go to work in which the injured person is thereto
Art. 293 Who are guilty of robbery? habitually engaged is inflicted.
Robbery is committed by any person, who with 5.) If violence or intimidation employed in the
intent to gain shall take any personal property belonging to commission of the robbery is carried to a degree
another by means of violence against, or intimidation of any clearly unnecessary for the commission of the
person, or using force upon anything. crime
6.) When in the course of its execution, the offender
Elements of Robbery: shall have inflicted upon any person not
1. That the offender unlawfully takes a personal responsible for the commission of the robbery any
property of the physical injuries in consequence of which the
2. That the said personal property belongs to another person injured becomes deformed or loses any
person other member of his body or loses the use thereof
3. There must be intent to gain in the taking of the said or becomes ill or incapacitated for the performance
property of the work in which he is habitually engaged for
4. That the said taking is either by means of violence more than 90 days or the person injured becomes
against, or intimidation of any person, or using ill or incapacitated for labor for more than 30 days
force upon anything 7.) If violence employed by the offender does not
5. cause any of the serious physical injuries defined
Unlawful taking is the deprivation of the offended party of in Article 263, or if the offender employs
his personal property with an element of permanency. So, it intimidation only.
is necessary that in taking the personal property from
another person, there is an element of permanency. In other words, we have robbery with homicide, robbery with
rape, robbery with intentional mutilation, robbery with arson,
The law requires that the property must be personal robbery with serious physical injuries, robbery with
property, not real property because real property is under unnecessary violence and lastly, simple robbery.
Article 312 Occupation of real property.
The personal property must belong to another person
because if it do not belong to another person it cannot be Robbery with Homicide
said that there is intent to gain on the part of the offender. Robbery with homicide is a special complex crime or a
The law requires that there must be intent to gain. composite crime or a single indivisible offense. In reality two
Intent to gain is an internal state of mind. So how can you or more crimes have been committed, the robbery and the
prove intent to gain? The law presumes there is intent to gain homicide yet, in the eyes of the law only one crime, a single
the moment there is taking of the personal property of indivisible offense of robbery with homicide.
another person. Intent to gain is presumed by law. Q: When should the killing or the homicide take place?
Two ways of committing robbery: A: In case of robbery with homicide, for as long as
1.) Robbery with violence against or intimidation the original intent of the offender, for as long original criminal
(Art.294) design is to commit robbery or to rob, the killing may take
2.) Robbery with the use of force upon things (Art.299) place before, during or after the said robbery provided, that
The value of the property taken in robbery with violence the original intent/ original criminal design is to commit
against or intimidation against people is immaterial because robbery or to rob.
the penalty is dependent on the violence used by the Since it is a special complex crime, regardless of
offender against the offended party. However, in Robbery the number of the persons killed there is only a single
with the use of force upon things (Art.299), the value of the indivisible offense of robbery with homicide. Even if the
property taken is material because the penalty is dependent killing is an unintentional killing or accidental killing still, it is
on the value of the property taken. a single indivisible offense of robbery with homicide. Even if
the victim of the said robbery is different from the victim of
Art.294 - Robbery with violence against or intimidation the killing, it is still robbery with homicide. There lies the
of persons difference between Article 294 and Article 267. In
The following acts constitute robbery with violence against kidnapping and serious illegal detention with homicide, the
or intimidation of persons: victim of the kidnapping and serious illegal detention must
1.) When by reason or on occasion of the robbery, the be the victim in the said killing to amount to kidnapping and
crime of homicide is committed. serious illegal detention. But in case of robbery with
2.) When robbery is accompanied by rape or homicide, regardless of who the offended party may be,
intentional mutilation or arson. whether the offended party in robbery is different from the
3.) When by reason or on occasion of such robbery, offended party in the killing it is still robbery with homicide.
any of the physical injuries resulting in insanity,
imbecility, impotency or blindness is inflicted. Q: So let us say, A entered the house of B in order to commit
4.) When by reason or on occasion of robbery, any of robbery. He took the valuables therein and after taking the
the physical injuries resulting in the loss of the use jewelries suddenly the box of jewelries fell so X was awaken.
of speech or the power to hear or to smell, or the

When A saw that X was awaken, A shot X. X died. What both. And thereafter, A and B took the winnings. Based on
crime is committed? the circumstances or facts the fiscal filed the following cases
A: Robbery with homicide. Because by reason or before the RTC, robbery, double murder, and attempted
on occasion of robbery, homicide was committed. murder, robbery because of the taking of the winnings,
double murder for the death of X and Y and attempted
Q: What if in the same problem, when X was awaken, the murder as to the police officer who dove into the canal. What
robber, A, shot X. The wife was also awaken and so the wife is the ruling of the RTC? It said wrong ka fiscal! The crime is
started shouting so A also shot the wife. The wife also robbery with double homicide and attempted murder. Then
died. What crime/s is committed? it went to appeal on the Court of Appeals, sabiniya wrong
A: Two persons are killed still, the crime committed fiscal! Wrong ka din RTC! The crime committed is robbery
is still a single indivisible offense of robbery with with homicide and attempted murder. Then it went up to the
homicide. All the killings are merged into a Supreme Court. Sc said, malika fiscal! Mali ka RTC! Mali
composite intergraded whole that is a single kadn CA! Mali kayo lahat! The only crime committed is the
indivisible offense of robbery with homicide. single indivisible crime of robbery with homicide. Because all
the acts are considered absorbed in the crime of robbery
Q: What if let us say, in the same problem, so A went to the with homicide despite the fact that two persons were killed,
house of X and took the jewelries. He was on his way out despite the fact that one person was greatly injured, all these
when he bumped the door and so the owner of the house circumstances are merged into a composite integrated
was awaken. So A went down and saw the back of the whole that is single indivisible offense of robbery with
robber. And so he chased the robber. In the garden, A tried homicide.
to shoot the owner of the house and so A jumped on him and
they struggled for the possession of the gun. In the course Robbery with rape
of struggle for the possession of the gun, the gun fired hitting Just like robbery with homicide, is also a special
a ballot vendor passing by. The ballot vendor died. What complex crime or a single indivisible offense. So, for as long
crime/s is committed? as the intention of the offender is to commit robbery, rape
A: The crime committed is still the single indivisible may be committed before, during or after the commission of
offense of robber with homicide. Since it is a robbery. Since it is a special complex crime, regardless of
special complex crime, even if the victim of the the number of times the victim was raped, the crime
robbery is different from the victim of the homicide, committed is only robbery with rape. There is no such crime
it is still robbery with homicide. Even if it is only as robbery with multiple rapes. There is only robbery with
accidental killing it is still robbery with homicide so rape.
long as the killing is by reason or on occasion of the
said robbery. Q: So a woman was walking on her way home and because
it was pay day here comes X. X dragged the woman in a
Q: So what if, A, B, and C entered the house of X in order to dark place and took the bag and took the money inside it.
commit robbery. They have already taken the valuables And then he found the woman attractive so he raped the
when the owner of the house was awaken. It was only A woman not once but twice. What crime/s is committed?
who saw the owner of the house was awaken and so A shot A: X committed the crime of robbery with rape
X and killed him. Are they all liable for robbery with homicide regardless of the times the woman was raped.
or only A who shot X?
A: All of them are criminally liable for the crime of CASE OF PEOPLE vs SUYU
robbery with homicide. Under Article 8, that in case of an Two persons, boyfriend and girlfriend, they were
express or direct conspiracy, the conspirators are liable only having snack and saw the shadow of 3 men. And these 3
for the crime agreed upon. The crime agreed is to commit men were pushing the truck trying to open the door. They
robbery but how come all of them are liable for homicide? took their valuables and the boyfriend hurriedly left the
Because it falls under the exception that when the resulting girlfriend allegedly to ask help to the police. And so the
felony is a special complex crime because you cannot girlfriend was alone with the three men and they dragged her
separate or divide a special complex crime. Therefore, even into a nipa hut and there she was raped by the mastermind,
if it was only A who killed the victim, even if their agreement Suyu. Not only she was raped by Suyu but also Cainglet
is only to commit robbery, because homicide or the killing while, the other two was outside serving as lookouts. So the
was committed by reason or on occasion of the said robbery, said woman, Clarissa, was raped by two persons and she
all of them are criminally liable for the crime of robbery with was raped three times. Suyu and Cainglet raped her by
homicide. carnal knowledge. Not only that, Cainglet also inserted two
The only exception to the exception is when B and fingers to her genitals therefore, he also committed rape by
C performed acts in order to prevent A from committing the sexual assault. What crimes are committed by the 4
homicide. persons? What crime/s they should be criminally liable of?
CASE OF PEOPLE vs CABBAB Supreme Court said, they are all liable for the single
Let us say, A and B versus X, Y and Z. A and B indivisible offense of Robbery with Rape. Regardless of the
committed robbery and upon leaving the said place, X and fact that two persons raped the victim, regardless of the fact
Y saw A and B and shot them and made gun fires. Z, a police that the victim was raped 3 times, regardless of the fact that
officer dove into the canal in order to prevent himself from there is two nature of rape committed against the victim
being killed. A and B went directly to X and Y and killed them (rape by carnal knowledge and rape by sexual assault), still

the crime committed is the single indivisible offense of was inflicted on A, the person responsible for the
robbery with rape. commission of the robbery.
There are four conspirators but not all of them If the serious physical injuries inflicted resulted to a deformity
raped the victim. Yet they are all liable for robbery with rape or to a loss of any of the member of his body or loss of the
because the two lookouts did not perform acts in order to use of any such member or incapacity to go to work in which
prevent the consummation of the said rape. So since it is a the injured person is thereto habitually engaged for more
special complex crime and a single indivisible offense all the than 90 days, under paragraph 3 of Article 263, it is required
other rapes are merged into a composite integrated whole that in order to amount to a single indivisible offense the said
that is robbery with rape. deformity or serious physical injury must be inflicted in the
The same theory applies in case of robbery with intentional course of the execution of the robbery and to a person not
mutilation and robbery with arson. responsible to the commission of the robbery. Otherwise, it
will bring about a separate and distinct crime.
Robbery with intentional mutilation, arson and serious
physical injuries Art. 295. Robbery with physical injuries, committed in
For as long as the intent or the criminal design of an uninhabited place and by a band, or with the use
the offender is to commit robbery, the intentional mutilation,
of firearm on a street, road or alley.
arson or serious physical injuries may be committed before,
during or after the commission of the said robbery.
Q: So let say A and B saw X walking. It was pay day and so Art. 296. Definition of a band and penalty incurred by
A and B announced a holdup. They were both armed with the members thereof.
guns and so what X did since they were both armed with
guns, he gave the bag. By reason thereof, A and B already
left the place. While A and B was waiting for a ride in a
Art. 297. Attempted and frustrated robbery committed
waiting shed, A and B divided the things they took from X.
So A told B, this is your share. B said, why is my share under certain circumstances.
smaller than your share?! And so B got and he shot A. A
died. What is the crime committed? Art. 298. Execution of deeds by means of violence or
A: The crime committed is robbery with homicide intimidation.
because even if it was also an offender who was
killed, the killing took place by reason of the said
robbery. Section Two Robbery by the use of force upon things
Q: So what if in the same problem, so A and B were already ROBBERY WITH USE OF FORCE UPON
dividing the things they took and B said, wait why is my share THINGS
so small? B got mad shot A but A did not die. A suffered
serious physical injuries. What crime is committed?
Art. 299. Robbery in an inhabited house or public
A: The crime committed is robbery with serious
physical injuries. building or edifice devoted to worship
Q: What if in the same problem, A were dividing the things Another form of robbery is robbery with the use of force
and B said, why is my share so small compared to your upon things in Art 299.
share? B got mad and what he did was took an ice pick from
his pocket and stab A in his face and placed the ice pick in In case of violence against persons, the value of the
As face. A suffered serious physical injuries and deformity
in his face. It caused physical ugliness to A therefore there property is not important because the penalty is the
is deformity. What crime/s is committed? basis of the violence.
A: This time the crime committed by B is not the In Art. 299, the basis of the penalty is the value of the
single indivisible crime of robbery with serious property taken.
physical injuries but two crimes, Robbery and
Serious physical injuries under paragraph 3 of
3 ways of committing robbery with use of force upon
Article 263 because of the deformity. Why?
Because under paragraph 4 of Article 294, when things:
the serious physical injury that resulted is a 1) When a person enters the dwelling, house, public
deformity or the loss of any of the member of his building or edifice devoted to worship where
body, the law requires that the said physical injury personal property is taken through:
or deformity must be inflicted because of the a. An opening not intended for entrance or
execution of a robbery and to a person not
egress
responsible to the commission of the crime of
robbery. Here, the deformity was inflicted after the b. By breaking any wall, roof, or floor or
robbery, not before. Not only that. The deformity breaking any door or window.

c. By using false keys, picklocks or similar jewelry? What are the crimes committed? Is Brother A only
tools liable civilly?
d. By using any fictitious name or pretending A is guilty of robbery with use of force upon things.
the exercise of public authority He is an insider, and he used force to break open
NOTE: the cabinet of B. He did not commit theft. Since the
Under the first act, the essence of the crime is in crime committed is robbery, brother A is criminally
the unlawful entry; it is the act of trespassing and liable and civilly liable. Because under Article 332,
also the taking of the property of another. it is only on cases of theft, swindling, estafa, and
malicious mischief, wherein theres no criminal
It is necessary that the entire body must have enter, liability but only civil liability in case of relatives
otherwise, even if there is breaking, it would only living together.
amount to theft and that breaking would amount
only to aggravating circumstance. The Supreme In the same problem, what if A was in need of money, he
Court ruled that when the law used the word saw the expensive watch of B on top of the table and sold
enter, it means that the entire body must have the watch. What crime was committed?
entered said place to take the property of another. A committed the crime of theft since there is no
breaking or forcibly opening the receptacle. Under
Example Art 332, he is only liable for civil liability. They are
A, in order to rob the house made an opening in the roof, free from criminal liability.
sufficient for him to enter. So he used a rope in going down
and thereafter he took the valuables and then left. What Art. 332. Persons exempt from criminal
crime is committed? liability. No criminal, but only civil
Robbery by use of force upon things. A made an liability, shall result from the commission
opening and he was able to enter fully. of the crime of theft, swindling or malicious
mischief committed or caused mutually by
What if he made an entry, let down a rope with a hook and the following persons:
used it in taking the valuable. 1. Spouses, ascendants and
The crime committed only is theft with aggravating descendants, or relatives by affinity
circumstance of the breaking of the roof. His body in the same line.
did not enter the premises. 2. The widowed spouse with respect
to the property which belonged to
2) When the offender manages to enter said inhabited the deceased spouse before the
place, dwelling, public place or place dedicated to same shall have passed into the
religious worship without any unlawful entry, or is possession of another; and
an insider, and once inside, he used force in 3. Brothers and sisters and brothers-
opening in order to: in-law and sisters-in-law, if living
a. Break doors, wardrobes, chests, or together.
any other kind of locked or sealed The exemption established by this article
furniture or receptacle shall not be applicable to strangers
NOTE: participating in the commission of the
The second act is when the offender was able to crime.
enter without unlawful entry or was an insider and
once inside, breaks the doors, wardrobes, chest, Since it refers to simple crimes, if the crime committed is
receptacles, and thereafter took the personal estafa through falsification of public document, there will
properties inside the house. be criminal liability. This exemption from criminal liability
will only lie in the cases mentioned in Art. 332.
Example
A and B are brothers, living in the same house and in the 3) When the offender manages to enter said inhabited
same room but have different cabinets where each of the place, dwelling, public place, or place dedicated to
cabinets have locks. One time brother A was in need of religious worship without any unlawful entry, once
money and wanted to borrow money from brother B, but inside he took the sealed receptacle outside to be
brother B was out of the house. So what brother A did was opened or forced open.
that he forcibly opened the cabinet of brother B and took
the expensive jewelries of brother B and appropriated the The offender was able to enter and once inside, he
did not use force to open the close cabinet or
receptacle. Instead, he took the cabinet and

receptacle outside to open it. In order to amount to special complex crime, it is
necessary that both the robbery and homicide must
Circumstances that will qualify robbery with use of force be consummated.
upon things:
Art. 300. Robbery in an uninhabited place and by a band. What if in the course of robbery, the said owner was shot
Under Article 300, if robbery is committed with but was able to survive. What crime is committed?
in an uninhabited place and by a band the The crime committed is robbery with physical
law used the conjunction AND, both must injuries depending on the injuries sustained by the
concur in order to amount a qualifying victim. In order to amount to robbery with homicide,
circumstance, to increase the penalty. So it it is necessary that both crimes must be present
should be in an uninhabited place and by a and there is no such thing as robbery with
band, therefore both must be present. frustrated homicide or attempted homicide, for
it is the law which provides for the crime which must
Art. 295. Robbery with physical injuries, committed in an be complexed, and the law does not provide that
uninhabited place and by a band, or with the use of frustrated homicide or attempted homicide must be
firearm on a street, road or alley. complexed with robbery.
In case of robbery with serious physical injuries,
unnecessary violence or simple violence, how will the In the instant case, since the killing took place at
crime be qualified? the spur of the moment, then it is robbery with
The answer is under Art. 295, where if the said homicide.
robbery is:
1. Committed in an uninhabited place OR by Chapter Two
a band BRIGANDAGE
2. By attacking any moving train, street car,
motor vehicle or airship What if robbery was committed by 4 armed men?
3. By entering the passengers
compartments in a train; or Art. 296. Definition of a band and penalty incurred by the
4. Taking the passengers by surprise in their members thereof.
respective conveyances A was walking, suddenly there are 4 men with knives and
5. On a street, road, highway, or alley and took As bag which is full of money. A put up a fight. And
the Intimidation is made use of a firearm so these armed men killed A. What crime is committed? Is
the crime committed robbery in band with homicide?
NOTE: There is no such crime as robbery by a band with
That in case of robbery with violence or intimidation homicide. The said use of band is only an
on persons, the qualifying circumstances are aggravating circumstance. The proper designation
present, only one of these is sufficient to qualify the of the crime is robbery with homicide. The fact that
penalty. The law here uses the conjunction OR not it is committed by 4 armed men is only an
AND. aggravating circumstance. Under Art. 296, if a band
committed robbery, it is only an aggravating
Example: circumstance.
A went to the house of B. A told B this is a hold up and
bring out the valuables. Instead of bringing the valuables Art. 306. Brigandage.
to A, B panicked and shouted. A therefore shot B. B died. Under Article 306, it is committed by at least 4 armed men
A also panicked and left the place without bringing his loot. for the purposes of -
What is/are the crime/s committed? 1. committing robbery in the highway;
The crime committed by A is attempted robbery 2. kidnapping persons for the purpose of extortion or
with homicide. This is also a special complex crime. ransom
Here robbery was attempted because he was 3. for any other purpose to be attained by means of
unable to take any of the property. The fact that A force and violence.
was able to announce hold-up and bring the
valuables to him means that the original design is
to commit robbery. It was attempted because he
was unable to take the property, and in the course
of thereof, he killed the owner.

Art. 296 Art. 306 2. Any person who, after having maliciously
Both require at least 4 armed persons damaged the property of another, shall remove
It is required that the 4 The crime is already or make use of the fruits or object of the
armed men must actually consummated by the mere damage caused by him; and
take part in the fact that 4 armed men 3. Any person who shall enter an inclosed estate
commission of the robbery formed a band of robbers. or a field where trespass is forbidden or which
It is not required that they belongs to another and without the consent of
actually commit the its owner, shall hunt or fish upon the same or
enumerated purposes. shall gather cereals, or other forest or farm
products.
PD 532 (THE ANTI-HIGHWAY ROBBERY LAW OF 1974)
The definition is almost the same as robbery. The difference
In PD 532, brigandage is defined as the seizure of any lies in the case of robbery where there is violence or
person for ransom, extortion, or other unlawful purposes, or intimidation of persons and use of force upon things, while
the taking away of property of another by means of violence in theft, there is no violence, intimidation against persons or
against or intimidation of persons of force upon things or force upon things.
other unlawful means, committed by any person on any
Philippine highway. Example:
1. A person who found a lost personal property of
Art 306 vs. PD 532, or the Anti-Highway Robbery Law another but did not give it to the police, there is
of 1974 theft.
2. A damaged the property of B, he make use of that
Art. 306 PD 532 damage.
Requires that there must No requisite as to the # of 3. There is a vacant lot guarded by X. A person
be at least 4 armed men perpetrators of the crime entered the vacant lot and took the fruits.
Even a single person can
commit the crime of Valenzuela v. People
brigandage There is no frustrated theft. In this case, the offender took
The mere formation of the There must be an actual boxes of tide from SM North Edsa and placed it in the taxi.
band of robbers for any of commission of the crime or Before they were able to left the premises of SM, they were
the purposes mentioned no crime will arise apprehended. The offenders were charged of consummated
will bring about the crime theft. They did not deny that they committed theft but their
There is a predetermined There is no preconceived defense is that they committed frustrated theft.
or preconceived victim victim. It is committed The SC En Banc in 2007 ruled that there is no crime as
indiscriminately on any frustrated theft. In case of theft, unlawful taking is deemed
person passing on the complete the moment the offender gain possession of the
highway as long as it is property of another, theft is consummated.
committed in a Philippine
highway. Art. 309. Penalties
Chapter Three When is theft qualified?

THEFT
Art. 310. Qualified Theft
Art. 308. Who are liable for theft. Theft is committed Theft is qualified in the following instances:
by any person who, with intent to gain but without 1. If theft is committed by a domestic servant
violence against or intimidation of persons nor force 2. If committed with grave abuse of confidence
upon things, shall take personal property of another 3. If the property stolen is a (a) motor vehicle, (b) mail
without the latter's consent. matter, or (c) large cattle
4. If the property stolen consists of coconuts taken
Theft is likewise committed by: from the premises of the plantation
1. Any person who, having found lost property, 5. If the property stolen is taken from a fishpond or
shall fail to deliver the same to the local fishery
authorities or to its owner; 6. If property taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any

other calamity, vehicular accident or civil

disturbance. In the given situation, what if A saw X and there was a fight
that ensued between them. X shot A, and X was able to
Example: take the vehicle. A however survived due to immediate
A is a domestic servant. When his master was out of the medical treatment. What is/are the crimes committed by
house, A went to the masters bedroom and took the X?
jewelries. In the information cited that he was a domestic The crime committed by X is only carnapping. The
servant but the information did not state that A took the fact that X shot A, where there is frustrated
jewelries with grave abuse of confidence. Is A liable for homicide, it falls under violence or intimidation
qualified theft? which was used by the offender in committing the
Yes, according to the Supreme Court, the law uses crime. Since there is violence, the penalty is 17
the conjunction OR. The fact that the accused is a years and 4 months to 30 years.
domestic servant, it will suffice. The law does not
require that abuse of confidence to be established. If again, in the same problem, A tried to stop X and X shot
It will suffice that the accused is a domestic servant. A. A died. What is the crime committed?
The fact that the owner is killed or raped as a
A was a security guard. The owner of the house left his consequence, the penalty is reclusion perpetua to
key to the security guard. However, the security guard death. It will bring about a higher penalty, but
used the key to open the house of the owner and took the not as a special complex crime because it is a
valuables. What crime is committed? Special Penal Law. Though it is akin to a special
The Security Guard is liable for qualified theft complex crime, the killing is absorbed. The crime is
because of grave abuse of confidence. carnapping. It is also not a bailable offense.
RA 6539 (ANTI-CARNAPPING ACT) PD 533 (ANTI-CATTLE RUSTLING LAW)
Carnapping- is the taking with intent to gain, of motor Cattle Rustling - defined as the taking away by any means,
vehicle belonging to another without the consent of the latter, method or scheme, without the consent of the owner/raiser,
or by means of violence against or intimidation of persons, of any large cattle whether or not for profit or for gain, or
or by use of force upon things. whether committed with or without violence against or
intimidation of persons or force upon things. It includes the
Elements: killing of a large cattle or taking it as a meat or hide without
1. Actual taking of motor vehicle the consent of the owner/raiser.
2. The vehicle belongs to another
3. There is intent to gain in the taking of the vehicle of Large Cattle- shall include cow, carabao, horse, mule, ass,
another or other domesticated member of the bovine family. Goats
4. Said taking is taking without the consent of the are not large cattle. (sabi nung isang justice sa SC na prof
owner or by means of violence or intimidation or by naming dati, si Lawyer daw pag kinidnap cattle rustling daw
means of force upon things. tawag dun. Ang evil nya!)
Example: Example:
A was driving his car and suddenly felt the need to answer As carabao was tied on the mango tree. X saw the
the call of nature so he parked his vehicle. Suddenly, there carabao alone. So what X did was he untied the carabao
was X and saw A was out of the car, and the door of the and took the carabao away. A saw X with his carabao so
car was open and the key was left inside the car. X drove A tried to catch up with X. As A was able to catch up with
away with the car. What is the crime committed? X, a fight ensued. X took his bolo and hacked A to death.
The crime committed is carnapping. Even if there is What is the crime committed by X?
no violence or intimidation against person or force The crime committed by X is only cattle rustling.
upon things, so long as said taking is without the The fact that the owner was killed is within the
consent of the owner, it will amount to carnapping. meaning of violence or intimidation against
persons. It will not bring about a separate and
Under Sec. 14, the penalty if there no violence or distinct crime of murder. The Anti-Cattle Rustling
intimidation against persons or use of force on Law, although a special law, is not malum
things, the penalty is 14 years and 8 months to 17 prohibitum but a malum in se. Under Sec. 10 of the
years and 4 months. law, it is expressly provided that this law amends
Art. 309 and 310 of the RPC. Since it is an Art. 313. Altering boundaries or landmarks. Any
amendment, the SC it is a malum in se and not a person who shall alter the boundary marks or monuments
malum prohibitum. of towns, provinces, or estates, or any other marks
intended to designate the boundaries of the same, shall
Art. 311. Theft of the property of the National Library and be punished by arresto menor or a fine not exceeding 100
National Museum. pesos, or both.
The value of the property is immaterial because the
law prescribed the penalty of arresto mayor or fine Chapter Five
or both. CULPABLE INSOLVENCY
Chapter Four Art. 314. Fraudulent insolvency. Any person who

USURPATION shall abscond with his property to the prejudice of his
creditors, shall suffer the penalty of prision mayor, if he be
Art. 312. Occupation of real property or usurpation of a merchant and the penalty of prision correccional in its
real rights in property. maximum period to prision mayor in its medium period, if
he be not a merchant.
2 acts punished under Art 312:
1) Occupation of real property which is committed by
any person who by means of violence against or
intimidation shall occupy the real property of
another
2) Usurpation of real rights in property committed by
any person who by means of violence against or
intimidation shall usurp any real rights in property
of another person
Example:
There was a vacant lot. Here comes A and B and his
family. The said land or property was being guarded by X.
A and B went inside the vacant lot and tried to build a nipa
house because they do not have any house. And so the
guard told them that A and B has no right to build a nipa
house because the lot is owned by Y. However, A and B
told the guard that they do not have any house. In the
course of the argument, A and B killed the guard. What
is/are the crimes committed?
The crime committed is only occupation of real

property. The killing is only a means to occupy the
real property. It falls under violence against or
intimidation of persons in occupying the real
property.
In the same problem A and B put up their house in the

vacant property. The owner learned this and went to A and
Bs house. However, A and B killed the owner.
In this case, two crimes are committed. The killing
took place after occupying the place. This time, the
crimes committed are occupation and homicide or
murder as the case maybe.

CHAPTER SIX SWINDLING AND OTHER DECEITS

ART 315 SWINDLING/ESTAFA Q: A and B entered into an agreement, A has to deliver to B
premium quality of marijuana. B paid. A delivered two boxes
THREE KINDS OF ESTAFA:
of marijuana to B. When B reviewed the said boxes of
I. ESTAFA WITH UNFAITHFULNESS OR ABUSE OF marijuana, B discovered that on the uppermost portion, they
AUTHORITY ART 315 (1) were premium quality marijuana but on the lower portion,
II. ESTAFA BY MEANS OF FALSE PRETENSES OR they were of poor quality marijuana. Can B file a case of
FRAUDULENT ACTS EXECUTED PRIOR TO OR estafa against A?
SIMULTANEOUSLY WITH THE COMMISSION OF
A: Yes, B can file a case of estafa with
THE CRIME ART 315 (2)
unfaithfulness or abuse of confidence against
III. ESTAFA THROUGH FRAUDULENT MEANS ART
A. This is because the law says that even if it is
315 (3)
based on an illegal or immoral consideration, there
must be a substitution of the quality or quantity, in
ELEMENTS: (whatever be the crime of estafa, there are this case, of the said dangerous drugs which have
always two general/common elements): been delivered by A to B.
1. The offender defrauded another by reason of abuse of

confidence or by means of deceit. b) By misappropriating or converting, to the
It does not necessarily mean that there must prejudice of another, money, goods, or any
always be deceit. In lieu of deceit, estafa can other personal property received by the
be committed by means of abuse of offender in trust or on commission, or for
confidence. administration, or under any other obligation
2. Damage or prejudice capable of pecuniary estimation is involving the duty to make delivery of or to
caused to the offended party or to a third person. return the same, even though such obligation
It is necessary that there must be damage or be totally or partially guaranteed by a bond; or
prejudice caused to the offended party or to a by denying having received such money,
third person. goods, or other property.
The law requires that this damage or prejudice VERY POPULAR KIND OF ESTAFA
must be capable of pecuniary estimation It is necessary that the offender received
because the penalty in estafa is dependent on from the offended party money, goods or
the damage caused to the offended party. other personal property. When the said
Hence, it is necessary that the said damage or offender receives such thing from the
prejudice must be capable of pecuniary offended party money, goods or personal
estimation. You can estimate its value property, what has been transferred to the
because the penalty is dependent on the value offender was JURIDICAL POSSESSION
of the damage caused. of the said property.
If only material possession has been
Whatever be the kind of estafa, there must always transferred to the offender, and the
be the presence of these two elements. offender misappropriated or converted the
same, the crime committed is only theft or
I. ESTAFA WITH UNFAITHFULNESS OR ABUSE OF qualified theft but not estafa. So in order
CONFIDENCE for the crime of estafa to arise, it is
necessary that the offender has juridical
THREE PUNISHABLE ACTS: possession of the money, goods or
a) By altering the substance, quantity, or quality personal property.
or anything of value which the offender shall
deliver by virtue of an obligation to do so, even Juridical Possession is a possession
though such obligation be based on an immoral in the concept of an owner; it is a real right
or illegal consideration. over the property during the time that the
It can either be based on legal or illegal property is in his possession, he has
consideration. The law does not take into better right even than that of the owner of
consideration that it must always be legal. the said property.
Even if the consideration is immoral or
illegal, still, estafa is committed if there is
an alteration or substitution.

Q: What if A rented a bicycle from B. A will use the bicycle bank, the teller being a mere employee of the said
for three hours and shall pay B 500 pesos for the use of the bank. In fact, in case of deposits in bank, the said
said bicycle. Upon payment, A is now using the bicycle. client will not be able to get back the very same
Three hours had lapsed, A failed to deliver the bicycle to B. money that he has deposited. Hence, the crime
B demanded the return of the bicycle. A did not return the committed by the teller is only qualified theft but not
bicycle. Can B file a case of estafa against A? estafa.
A: B can file a case of estafa against A. Estafa is
the crime committed by A because when B gave
Q: What if A is an employee in a company, XYZ corporation.
the bicycle to A, it was based on a contract of lease
He was a field worker and whenever he goes to the field to
(a contract of rent), hence, juridical possession had
work, he has this cash advance given by the company. One
been transferred from B to A. A, during the three-
time, he went to work with a cash advance, however, upon
hour period has juridical possession over the said
returning to work, he failed to liquidate the cash advance. A,
bicycle and during this period, A has better right to
despite notices by the company, failed to liquidate the cash
the property than B, the owner thereof. When A
advance. So the corporation filed a case against A. Will the
failed to return the said bicycle to B after three
case prosper?
hours, then he committed estafa.
A: The case will not prosper. The Supreme Court
said that a cash advance is equivalent to a loan,
Q: What if A told B to obtain a loan in his favor in a bank and therefore when the company gave cash advance to
then he gave B his diamond ring as collateral for the said the employee, there is not only transfer of the said
loan. However, B, instead of using the ring as collateral for money to the employee but transfer of ownership of
the loan, B sold the ring and misappropriated the proceeds the said money. The employee is now the owner of
of sale. What case, if any, may A file against B? Is B liable the said money. When you say liquidate, it means
for estafa? that he is paying his indebtedness to the company,
therefore their relationship as employer and
A: B is not liable for Estafa. When A gave the ring
employee, insofar as the cash advance is
to B, what has been transferred to B is only material
concerned, is that of a creditor-debtor and not that
possession of the ring. It is not juridical possession
of entrustor-entrustee. Hence, there is no estafa
because B is merely an agent of A so that B will be
committed, there is no theft committed. The liability
the one to use the said ring as collateral in order to
of the employee is only civil in nature. The company
obtain a loan in favor of A. Juridical possession
can only file a case of sum of money against the
remains with the owner, A, hence the crime
employee for failing to pay his indebtedness in the
committed is only qualified theft.
form of cash advance to the company.
Q: What if A is a regular customer in the bank. A went to the

c) By taking undue advantage of the signature of
bank, went to the teller who usually deposits his money and
the offended party in blank, and by writing any
he gave the teller 1 million in cash plus the passbook. A told
document above such signature in blank, to the
the teller, Here is my passbook and 1 million in cash. Please
prejudice of the offended party or of any third
deposit it to my account. I am in a hurry to go to work and be
person.
back in the afternoon. A left the passbook to the teller and
went to the office. In the afternoon, before going home, A
went back to the bank, however the teller was not there so Q: The manager of a company has a blank document which
A asked for his passbook. The bank gave him the passbook contains only the signature. The manager gave it to the
but when A looked at the passbook, the 1 million was not secretary and told the secretary to use the document for
deposited to his account. What crime/crimes if any may A file emergency purposes. When the manager left, the secretary
against the teller on whom he gave the said money to wrote in the document stating that the manager will shoulder
deposit in his bank account? or pay his entire loan in a lending firm. What crime is
committed by the said secretary? Is the said secretary liable
A: The crime committed by the teller is only
for estafa or estafa through falsification of a private
Qualified Theft. It is not estafa because when A
document or falsification of a private document. Which of the
gave the money to the teller to deposit to his bank
three crimes is committed by the secretary?
account, what has been transferred was only
material possession of the said money. It is not the A: The crime committed is Estafa. This is
juridical possession taking into consideration that because the manager entrusted to the secretary
the participation of the said teller is as that of the the document in blank which contains his signature

and the secretary wrote therein above the signature two. There is no such crime as estafa
to the prejudice of the manager because the through falsification of a private
manager now assumes an obligation. SO the crime document.
committed by the secretary is estafa. But there is such a thing as estafa through
falsification of a public document because
in falsification of a public document,
Q: What if in the same problem, the secretary placed the damage is not an element. So in a deed of
blank document on top of his table. Here comes B, a absolute sale was falsified in order to
customer of the said company. B while talking to the deceive another in the crime of estafa, it
secretary saw the document with the signature of the will give rise to the complex crime of
manager and so he surreptitiously took one of those estafa through falsification of a public
documents, brought it home and wrote in the document document, estafa through falsification of
above the signature that the manager shall be the one to pay an official document, estafa through
all his indebtedness in a lending firm. What crime is falsification of a commercial document.
committed by the said customer? Is the customer liable for Because in these kinds of falsification,
estafa or estafa through falsification of a private document. damage is not an element.
A: The customer is liable for Falsification of a
Private Document under Art 172. This is because
II. ESTAFA BY MEANS OF FALSE PRETENSES OR
he caused that the manager participated in an act
FRAUDULENT ACTS EXECUTED PRIOR TO OR
or proceeding when he did not so participate, one
SIMULTANEOUSLY WITH THE COMMISSION OF
of the acts of falsification punished in Article 171
THE FRAUD
and 172.
FIVE PUNISHABLE ACTS:

Why not estafa through falsification of a private
document? a) By using fictitious name, or falsely pretending
Because there is no such crime as estafa to possess power, influence, qualifications,
through falsification of a private property, credit, agency, business or imaginary
document. You cannot complex estafa transactions, or by means of other similar
with falsification of a private document deceits.
because both estafa and falsification of a Q: What of there were four licensed nurses who all want to
private document HAVE DAMAGE AS work in Canada. Here comes X. X learned that A, B, C and
ELEMENT, and one and the same D passed the board so he went to their house and told them
damage cannot give rise to two crimes that X has a placement agency that has all the qualifications
therefore you can never complex estafa to help them find work in Canada. A, B, C and D believed X,
and falsification of a private document. It and X demanded that they give X 100k for processing fees.
is either estafa or falsification of a private They gave the money to X. A, B, C and Dnever saw X again.
document. Later X was arrested. What are the crimes committed by X?
When is it estafa?
If estafa can be committed without A: A, B, C and D can file two cases against X.
falsifying the private document but the Estafa under article 315 (2)(a) and Illegal
falsification of a private document merely Recruitment in Large Scale under the Labor
facilitated the commission of the crime, Code. These two cases are cumulative and not
then the appropriate charge is estafa exclusive each other, hence, the offender can be
because the falsification of a private charged of these two crimes at the same time.
document is merely incidental.
If estafa cannot be committed without
falsifying the private document, the crime Estafa under 315 (2) (a) is committed because X
committed is falsification of a private misrepresented to them that he has the
document because estafa is a mere qualification and the agency to bring them to work
consequence. in another country when in fact, he does not have
So you only have to choose between such qualification and agency. Where it not for the
estafa and falsification of a private said misrepresentation by X, the offended parties
document but you can never complex the

A, B, C and D would not have parted with the said with the commission of fraud. Therefore, it
100 Thousand pesos in cash. is necessary that the issuance of the
check is in concomitance with the
defraudation, that is, the offender would
The other crime committed by X is Illegal not have parted with his property would it
Recruitment in Large Scale. In Labor Code, if not for the promise that the check would
Illegal Recruitment is committed against three or be funded.
more persons, individually or as a whole, it is The offender is given a period of three
considered as Illegal Recruitment in Large Scale. days to make good of the check. If the
On the other hand, if it is committed by five or more offender failed to make good the check, it
persons, it is considered as Syndicated Illegal is said to be prima facie evidence of deceit
Recruitment. Both crimes are considered crimes constituting the fraudulent act or false
involving economic sabotage under the Labor pretenses.
Code and is the reason why it is a non-bailable
offense.
Q: A was constructing his vacation house. He was suddenly
run out of materials so A went to B. A told B that he is in need
So if the only charge is estafa under 315 (2) (a) of the construction materials. B said, okay, you can get your
is the only charge, the offender can post bail construction materials. A said I dont have money at the
but if there is also a charge of Illegal moment. I will pay next week. So B gave the needed
Recruitment in Large Scale, then he shall be construction materials, boarded them in As truck and A
behind bars while the case is ongoing. went. A week after, B went to A, asking for the payment of
the construction materials. A said B, I have no money at the
moment. B, I am issuing to you a check, post-dated, on the
b) By altering the quality, fitness, or weight of thirtieth day of the month. B, I guarantee you, on the thirtieth
anything pertaining to his art or business. day of the month, this check will be funded. I will have money
deposited in here because it is my payday. B received the
check. On the thirtieth day of the month, the date stated on
Q: In the market, you bought a kilo of apples. The vendor put
the check, B deposited the check, however the check was
on the scale one apple which is already one kilo. What crime
dishonored due to insufficiency of funds. B sent a notice of
if any is committed by the vendor?
dishonor to A. However, A, despite receipt of the said notice
A: The crime committed estafa by altering the of dishonor failed to make good of the check or make
quality, fitness or weight of anything pertaining arrangement with the bank in order to cover the amount of
to his art or business. He alters the weight of the the check. What case, if any, can B file against A? May B file
apple which pertains to his business and therefore a case of estafa under Art 315 (2)(d) against A or can B file
he can be held liable for estafa under 315 (2)(b). a case of violation of BP 22 against A?
A: B can only file a case of violation of BP 22
against A. B cannot file a case of estafa under
c) By pretending to have bribed a Government Art 315 (2) (d) because B has already boarded the
employee
construction materials and A has already taken the
construction materials. A week later, B went to A
d) By postdating a check or issuing a check in asking for the payment and it was only at the time
payment of an obligation when the offender had that A gave the check that bounced. Therefore the
no funds in the bank OR his funds deposited issuance of the check was in payment of an
therein were not sufficient to cover the amount obligation which already exists at the time. Estafa
of the check. under 315 (2)(d) cannot be committed if the check
Also a very popular form of estafa estafa was issued in payment of a pre-existing obligation
by postdating a check. because for estafa under Art 315 (2)(d) to arise, it
For this kind of estafa to arise, it is is necessary that the issuance of the check is in
necessary that the issuance of the check concomitance with the defraudation.
must be in concomitance with the
defraudation (act of defrauding) because
note that Art 315 says that estafa by Q: A is in need of construction materials, he went to B. A
means of false pretenses or fraudulent said he needed construction materials. B said he can get it
acts exerted prior to or simultaneously if he had money. A said he didnt have any money at the

moment but was issuing a postdated check instead dated on The offender went to a hotel or inn to
the thirtieth day of the month. He guaranteed B that the obtain food, refreshment or
check will be funded on the thirtieth day of the month. B accommodation, he did not pay. Or he
received the check and boarded the construction materials obtain credit, he did not pay. Or his goods
needed by A inside the truck of A. On the thirtieth day of the are inside the hotel, he abandons his
month, B deposited the check but the check was dishonored goods, he abandons his valuables, he
by the bank for insufficiency of funds. Notice of dishonor was surreptitiously removes parts of his
sent to A. However, despite of lapse of three days, A failed baggage therein.
to make good of the check or at least made arrangement
with the bank in order to cover the full amount of check. May
B file a case of estafa under Art 315 (2) (d) against A? May III. ESTAFA THROUGH FRAUDULENT MEANS
B file a case of violation of BP 22 against A? THREE PUNISHABLE ACTS:
A: B can file both Estafa under Art 315 (2) (d) a) By inducing another, by means of deceit, to
and violation of BP 22 against A. Estafa was sign any document
committed by A because the check was issued, it CASE: INTESTATE ESTATE OF
was only received by B at the time of the MANOLITA GONZALES VDA. DE
construction of materials was delivered. The check CARUNGCONG v. PEOPLE
was received by B upon guarantee given by A that In this case, the Japanese son-in-law asks
on the thirtieth day of the month, the check will be the mother-in-law to sign a document. He
funded. Therefore, the issuance of the check was induced her to sign a document saying
in concomitance with the defraudation. Estafa that it was about taxes but in truth and in
under Art 315(2)(d) is committed. fact, it is a SPA for the sale of the property
in Tagaytay and by reason thereof, the
mother-in-law, who was already blind,
Likewise, violation against BP 22 is committed signs the document therefore Sato, the
because violation of BP 22 will arise whenever a Japanese son-in-law, was able to sell the
check had been issued and the said check was said property. This is the kind of Estafa by
dishonored upon presentment to the drawee bank. inducing another by means of deceit to
There immediately arises violation of BP 22. (The sign a document.
essence of the crime of BP 22 is the issuance of a
worthless check) b) By resorting to some fraudulent practice to
insure success in a gambling game
In the book of Reyes, there was a
A can be prosecuted for two crimes Estafa under cockfight. The offender removed the thing
Article 315 (2)(d) and violation of BP 22 at the on the feet of rooster and so, by reason
same time. These remedies are committed not thereof, he won the game. So the offender
exclusively of each other therefore A can be resorted to some fraudulent practice to
prosecuted at the same time of both cases. insure success in the gambling game.
e) By obtaining any food, refreshment or
c) By removing, concealing, or destroying, in
accommodation at a hotel, inn, restaurant,
whole or in part, any court record, office files,
boarding house, lodging house, or apartment
document, or any other papers
house and the like without paying therefor, with
intent to defraud the proprietor or manager
thereof, OR by obtaining credit at a hotel, inn,
restaurant, boarding house, lodging house, or
apartment house by the use of any false
pretense, OR by abandoning or surreptitiously
removing any part of his baggage from a hotel,
inn, restaurant, boarding house, lodging house
or apartment house after obtaining credit, food,
refreshment or accommodation therein without
paying for his food, refreshment or
accommodation.

BOUNCING CHECKS LAW (B.P. 22) prima facie evidence of knowledge of insufficiency
[relate to Art 315 (2) (d)] of funds.
Within 5 banking days, he went to the bank and
SECTION 1 CHECKS WITHOUT SUFFICIENT FUNDS
made arrangement for the amount necessary to
ACTS PUNISHABLE: cover the check.
I. Making or drawing and issuance of a check knowing Five banking days is important
at the time of issue that the offender does not have Q: What if A issued a check to B in favor of an obligation, B
sufficient funds in the bank. was however a businessman who was too busy so he was
The drawer of the check knew that at the time of able to deposit the check 120 days from the date appearing
the issuing of the check, he has no funds in the on the check (beyond the 90-day period). The check
bank presented was dishonored. Notice of dishonor was sent to A
and A failed to make good the check within 5 banking days.
II. The failing to give sufficient funds or credit with the Can B still file a case for violation of BP 22 against A?
drawee bank such that when the check presented
A: Yes, B can file a case for violation of BP 22
within the period of 90 days from the date appearing
against A. This is because for as long as a check
on the check, it was dishonored by the drawee bank.
is not yet a stale check, if the check was deposited
At the time of the issuance of the check, the drawer
and it was dishonored, violation of BP 22 is
has funds in the bank, however, the crime will arise
committed. Here, the check was deposited 120
because he failed to make good the check or he
days from the date appearing on the check. The
failed to keep funds to the said drawee bank within
fact that it was deposited beyond the 90-day period
the period of 90 days such that when the check was
would only mean that there is no longer prima facie
deposited within 90 days, it was dishonored by the
presumption of knowledge of insufficiency of funds.
drawee bank.
However, such prima facie presumption knowledge
of insufficiency of funds can be proven through
SECTION 2 PRIMA FACIE EVIDENCE OF KNOWLEDGE other evidence, so still, violation of BP 22 is
OF INSUFFICIENCY OF FUNDS committed.
The making, drawing and issuance of a check payment of

which is refused by the drawee because of insufficient funds When is BP 22 not committed?
in or credit with such bank, when presented within ninety (90) WONG v. CA
days from the date of the check shall constitute prima facie In this case, the check was deposited 157 days
knowledge of insufficiency of funds. after the date appearing on the check.
This prima facie knowledge of insufficiency of The SC said that it is not yet a stale check. A check
funds, however, will not arise if the drawer of becomes stale when it is deposited after six months
the check deposited the amount necessary to or after 180 days.
cover the check within five (5) banking days Q: B was so busy, he deposited the check on the 181st day
from the date of receipt of notice thereof. from the date appearing on the check. The check was
Therefore, for the prima facie of knowledge of dishonored. Can he file a case of violation of BP 22 against
insufficiency of funds to arise, the following are A?
the elements or the requisites:
A: No, B cannot file a case of violation of BP 22
1. The check must be deposited within 90 days
against A. This is because the check has no more
from the date appearing on the check.
value since it is already a stale check under the
2. That the drawer of the check received a
Negotiable Instruments Law. It is no longer the fault
notice of dishonor either from the bank or from
of the drawer that he has no funds in the bank. It is
the payee or holder of the check
the fault of the holder or the payee of the check that
3. The drawer of the check failed to make
he failed to deliver or deposited the check within the
good of the check within 5 banking days.
period required by law.
No prima facie knowledge of insufficiency of funds

SECTION 1 PENALTY
The drawer of the check received a notice of
Under Section 1 of BP 22, the penalty for violation of BP 22
dishonor within five days, he deposited the amount
is imprisonment of 30 days to 1 year or a fine not less than
in the bank to cover the check, there will arise no
but not more than double the value of the check or in no case

to exceed 200, 000 pesos, or both fine and imprisonment at 2. Any person, who, knowing that real property is
the discretion of the court encumbered, shall dispose of the same, although
such encumbrance be not recorded.
Are these still the penalties or have they been
3. The owner of any personal property who shall
amended by the SC by SC-A.C. No. 12-2000 and SC-
wrongfully take it from its lawful possessor, to the
A.C. No. 13-2001?
prejudice of the latter or any third person.
The penalty of 30 days to 1 year and the fine
4. Any person who, to the prejudice of another, shall
are still the penalty prescribed by law. Even if
execute any fictitious contract.
the SC issued these two circulars, the SC
5. Any person who shall accept any compensation
cannot amend the law. The SC does not have
given him under the belief that it was in payment of
that power; only congress has that power.
services rendered or labor performed by him, when
SC-A.C. No. 12-2000 in fact he did not actually perform such services or
It is stated in SC-A.C. No. 12-2000 that in lieu of labor.
imprisonment, the penalty to be imposed in violation of BP 6. Any person who, while being a surety in a bond
22 should only be fine, that is, if based on the facts and given in a criminal or civil action, without express
circumstances of the offense and the offender, the check authority from the court or before the cancellation
was issued in good faith or under mere mistake of fact of his bond or before being relieved from the
without any taint of negligence. SC said that the appropriate obligation contracted by him, shall sell, mortgage,
penalty should be fine in lieu of imprisonment. or, in any other manner, encumber the real property
or properties with which he guaranteed the
Because of this SC-AC No. 12-2000, many MTC judges fulfillment of such obligation.
imprisonment is no longer a penalty for violation of BP 22.
They thought that now, the penalty for violation of BP 22 is
only fine. And because of this misunderstanding on the part Q: What if A is a debtor, in order to defraud his creditor, A as
of MTC judges, the SC has to issue another administrative the debtor, has an obligation which is due and demandable.
circular, the SC-A.C. No. 13-2001 in order to clarify SC-A.C. He has only 1 property a property in Quezon City which
No. 12-2000. can be attached by his creditor. Now, in order to defraud his
SC-A.C. No. 13-2001 creditor, he executed a fictitious contract selling the said
property to B with the intention to defraud his creditor. What
The SC made the following clarifications: is the crime committed by A? Is A liable for Fraudulent
1. The SC-A.C. No. 12-2000 does not remove Insolvency under Art. 314 or is A liable of other forms of
imprisonment as an alternative penalty for violation of swindling under Art. 316?
BP 22. Therefore, imprisonment is still a penalty for A: A is liable of other forms of swindling under
violation of BP 22. Art. 316. Because the contract that he executed in
2. What SC-A.C. No. 12-2000 only establishes is a rule favor of B is only a fictitious contract. It is not a real
of preference on the imposition of the penalty such that contract of sale conveying his property to B.
if the offender acted in good faith or under mere mistake Q: What if A is a debtor, in order to defraud his creditor, A as
of fact without any taint of negligence, the appropriate the debtor, has an obligation which is due and demandable.
penalty is fine in lieu of imprisonment. He has only 1 property a property in Quezon City which
3. The SC said if the penalty imposed by the court is fine can be attached by his creditor. To defraud his creditor what
only, and the said offender or drawer of the check is he did was, he sold the said property to B via a deed of
insolvent to pay the fine, then there is no legal obstacle absolute sale, his intention to defraud his creditor. What
for the imposition of subsidiary imprisonment under Art. crime if any is committed by A?
39 of Book I of RPC. A: A committed Fraudulent Insolvency. The
contract is a real transfer of property from A to B. It
is not a fictitious contract.
ART. 316 OTHER FORMS OF SWINDLING
If it is a fictitious contract the crime committed is
OTHER FORMS OF SWINDLING CAN BE COMMITTED
other forms of swindling under Art. 316
BY THE FOLLOWING:
If it is not - the crime committed is Fraudulent
1. Any person who, pretending to be owner of any real
Insolvency
property, shall convey, sell, encumber or mortgage
the same.

Art. 317 SWINDLING A MINOR located at the time of the execution of the mortgage,
without the written consent of the mortgagee, or his
Who is liable?
executors, administrators or assigns.
Any person who taking advantage of the
II. Any mortgagor who shall sell or pledge personal
inexperience or emotions or feelings of a
property already pledged, or any part thereof, under the
minor, to his detriment, shall induce him to
terms of the Chattel Mortgage Law, without the consent
assume any obligation or to give any release
of the mortgagee written on the back of the mortgage
or execute a transfer of any property right in
and noted on the record hereof in the office of the
consideration of some loan of money, credit or
Register of Deeds of the province where such property
other personal property, whether the loan
is located.
clearly appears in the document or is shown in
any other form.
Art. 318 OTHER DECEITS CHAPTER EIGHT ARSON AND OTHER CRIMES
INVOLVING DESTRUCTIONS
Who is liable?
Any person who, for profit or gain, shall
interpret dreams, make forecasts, tell fortunes,
ARTICLES 320 326 speak about Arson. These had
or take advantage of the credulity of the public
already been repealed by PD 1613 THE LAW ON ARSON.
in any other similar manner.
However, although Articles 320 326 had been repealed
by PD 1613, Article 320 has been brought back into life by
If the offender commits any act of swindling, any act of
RA 7659.
deprivati0n not punishable under Art. 315, 316 and 317,
it is punishable under Art. 318 Other Deceits.
So any other form of deprivation would be under Art. That is why, insofar Article 320, the crime is
318 Other Deceits. Destructive Arson. And we have PD 1613 which
punishes Simple Arson or Other Cases of Arson.
Q: What about Madam Auring? She tells fortune. What if a
Do not consider Section 2 of PD 1613 which punishes
person went to Madam Auring asking for his fortune and
Destructive Arson because Destructive Arson is
what is in his future, and based on the readings of the card,
under Article 320 of the RPC as it has been brought
Madam Auring said You will get sick on this particular day.
back by RA 7659.
You will die upon this particular day. Because of this, the
person could no longer sleep. He has been thinking about Q: What if there was this maid, the want to go to the
his sickness and his death. Can he file a case against province, lets say it was Christmas time. He asked
Madam Auring for Other Deceits under Art. 318? permission from the master of the house, the master of the
house did not allow the maid to go to her province. So the
A: Yes, he can file a case of Other Deceits
maid got mad. To make revenge, she burned the house at
against Madam Auring. Because obviously for
night and left the house. However, the master of the house
profit or for gain, Madam Auring tells his fortune,
together with his family were not awakened by the said
which is obviously an erroneous one. How can
burning and so they all died by reason of the said fire. Not
someone predict the death of a person? How can
only that, the sad burning of the house of the master also
someone predict when a person will be ill or sick?
affected 5 nearby houses. All in all, 5 houses were burned
Obviously it is done in order to defraud this person
by the said fire and also the master and said members of the
and this person had been damaged because this
family all died in the course of the said fire. What crime is/are
person could no longer sleep and can think only of
committed by the said helper?
his sickness and death.
A: The helper is liable only for the crime of
Simple Arson Other Cases of Arson under PD
CHAPTER SEVEN CHATTEL MORTGAGE 1613 Sec. 3. The fact that the master died would
only qualify the penalty imposable of her. But, it will
Art. 319 REMOVAL, SALE OR PLEDGE OF
not bring about the crime of Arson with Homicide.
MORTGAGED PROPERTY
There is no such crime as Arson with Homicide or
ACTS PUNISHABLE Arson with Multiple Homicide.
I. Any person who shall knowingly remove any personal Why is it that the crime committed is only
property mortgaged under the Chattel Mortgage Law to Simple Arson or Other Cases of Arson?
any province or city other than the one in which it was

The crime committed is Simple Arson or Other 2. Any building of public or private ownership, devoted
Cases of Arson because the fact that what the to public in general, or where people usually gather
maid burned is an inhabited house or dwelling, or congregate for a definite purpose such as but not
the crime is only Simple Arson or Other Cases limited to official government function or business,
of Arson. private transaction, commerce, trade workshop,
meetings, conferences, or merely incidental to or
for a definite purpose such as but not limited to
Destructive Arson is found under Art 320 of the motels, transient dwellings, public conveyances or
RPC while Simple Arson and other arson is stops, or terminals, regardless of whether the
repealed by PD 1613 repealing Article 320 to 326 offender had knowledge that there are persons in
B of the RPC. Even though there are five deaths, said building or edifice at the time set on fire and
the deaths will be absorbed in the crime of arson regardless also of whether the building is actually
and will only qualify the penalty to death. The maid inhabited or not.
is only liable for simple arson, because what has 3. Any train, locomotive, ship or vessel, airship or
been burned is an inhabited dwelling. For as long airplane, devoted to transportation or conveyance,
as the thing burned is an inhabited house or or for public use, entertainment and leisure;
dwelling, the crime committed is simple arson. If in 4. Any building, factory, warehouse installation and
the course of burning the dwelling, homicide any other appurtenances thereto, which are
results, the crime committed is still arson. devoted to the service of public utilities;
If the intention is to kill the offended party, 5. Any building the burning of which is for the purpose
and the means employed is through burning the of concealing or destroying the evidence of another
house, the crime committed is MURDER. If violation of law, or for the purpose of concealing
however, the intention of the offender is to destroy bankruptcy or defrauding creditors or to collect from
the property of the offended party by fire, and the insurance.
offender did not know that someone is inside and There is also destructive arson in the following
death results, the crime is still simple arson. It will instances:
only qualify the penalty to RP to death.
1. When the arson is committed by 2 or more persons,
regardless of whether their purpose is merely to
Q: A killed B while sleeping. The crime committed is murder. burn or destroy the building or the burning merely
In order to conceal the crime, A burned the house. constitutes an overt act in the commission of
another violation of the law;
A: This time, there are two crimes committed. A is 2. When any person shall burn:
liable for Murder for killing B and Arson, in a. Any arsenal, shipyard, storehouse or
order to hide the crime committed. The arson military power or fireworks factory,
committed is destructive arson, as it is defined by ordinance, storehouse, archives or
the law. general museum of the Government; or
So what is Arson? b. In an inhabited place, any storehouse or
Arson is the malicious destruction of the property factory of inflammable or explosive
by means of fire. materials.
2 KINDS OF ARSON:
1. DESTRUCTIVE ARSON punished under Art. 320 Q: What if in the course of the commission of Destructive
of the RPC Arson, someone died. The airplane was burned. The
2. SIMPLE ARSON punished under PD 1613 purpose was to burn the said airplane. Unknown to the
particular Section 3 offender, someone was inside the said airplane and the said
person died. What crime is committed by the offender?
A: The offender is liable for Destructive Arson
ART. 320 DESTRUCTIVE ARSON
under Article 320. The fact that someone died will
HOW IS DESTRUCTIVE ARSON COMMITTED? not give rise to a complex crime. The crime
1. One or more buildings or edifices, consequent to committed is only Arson.
one single act of burning, or as a result of After the last paragraph of Article 320, it is stated that if
simultaneous burnings or committed on several or as a consequence of the commission of any of the acts
different occasions; constituting Arson, death results, then, the mandatory
penalty of death shall be imposed. So here, the fact that

someone died in the course of the commission of Destructive aggravate the crime of arson and the homicide will
Arson would mean that the penalty to be imposed of the said be absorbed in the arson.
offender would be death. But, the crime committed is only
Arson. There is no such thing as Arson with Homicide.
Q: What if a person wants to kill B. So in order to kill B, B
was sleeping inside his nipa hut, A burned the said nipa hut
ANTI-ARSON LAW (P.D. 1613) and so, B died while sleeping. What crime is committed by
A?
SIMPLE ARSON OR OTHER CASES OF ARSON IS
COMMITTED IF WHAT HAS BEEN BURNED IS: A: A committed the crime of murder. His
intention is to kill B by burning.
1. Any building used as offices of the government or
any of its agencies; Q: If A went inside the house of B and then he saw B and
2. Any inhabited house or dwelling; stabbed B several times. B died. Thereafter, to conceal the
3. Any industrial establishment, shipyard, oil well or killing of B, a burned the house of B. it was a total burn.
mine shaft, platform or tunnel;
A: This time, A committed two crimes. Murder
4. Any plantation, farm, pasture land, growing crop,
for killing B treacherously and Arson, because
grain field, orchard, bamboo grove or forest;
he burned the house of B in order to conceal the
5. Any rice mill, sugarmill, cane mill, or mill central;
commission of the said act of killing. The arson
6. Any railway or bus station, airport, wharf, or
committed is simple arson.
warehouse.
Q: What if A wanted to get revenge at B so he decided to

Q: A plantation was burned. While the plantation was
burn the property of B. in the course thereof, a servant was
burning, the field worker was sleeping and the field worker
sleeping inside. What crime is committed by A?
died as a result of the said burning of the plantation. What
crime is committed by the offender? A: A is liable only for Arson. The fact that
someone is killed in the course of the said Arson,
A: The crime committed by the offender is only
the crime committed is only arson. And the fact that
Simple Arson or Other Cases of Arson under
the said servant died while the said burning took
PD 1613.
place, you only qualify the penalty, the crime
What about the fact the someone died? committed is Arson and the penalty is qualified to
Under Section 5 of PD 1613, if by reason reclusion perpetua to death.
or on occasion of the said arson, death
results, the penalty shall be reclusion
perpetua to death.Therefore, the crime Q: What if A wanted to burn the property of B. So what he
committed is only Arson. You do not did was he poured gas on the said walls of the property.
complex it with Homicide. But the fact that However, before he could set the property on fire. Someone
someone died, the penalty is qualified. saw him and so, he was arrested. What crime is committed?
The penalty is increased to reclusion A: The crime committed is Attempted Arson.
perpetua to death.
PENALTY FOR DESTRUCTIVE ARSON: RECLUSION Q: What if A placed rags near the property of B. His intention
PERPETUA TO DEATH is to burn the property of B. and then he placed gasoline on
the said rags and set fire on the said rags. The rags were
If as a result of the commission of any acts of burning. However, before said fire could have burned any of
destructive arson, death results, the penalty should the structure of the house, A was already arrested. What
be death. crime is committed?
PENALTY FOR SIMPLE ARSON: RECLUSION A: Some legal luminaries say, the crime committed
TEMPORAL TO RECLUSION PERPETUA is frustrated arson. Other legal luminaries say there
Under Section 5 of PD 1613, if by reason or on the is no such crime as frustrated arson.
occasion of simple arson, death results, the
penalty is reclusion perpetua to death.
Therefore, whatever may be the crime may be, if by Pros. Garcia is on the second luminary. She
reason of said arson, death results, it will believes that there is no such crime as frustrated
arson because arson is the burning of the property

of another by means of fire. The moment any part it would be reckless imprudence or simple negligence
of the said structure or building is burned, arson is causing damage to property. But for malicious mischief to
already consummated. If no part of the said arise, it is necessary that there must be deliberate intent to
structure or building is burning, it is only Attempted damage the property of another, only for the purpose of
Arson. There cannot be a circumstance of damaging it or for the purpose of invoking revenge.
frustrated arson.
Because how did a crime frustrate a felony? A
Q: A and B were fighting, and in the course of their fight, A
frustrated felony is committed when the offender
fell on the floor and the floor was damaged.
has performed all the acts of execution that would
produce the felony but nevertheless the felony was A: The liability will only be a civil action for
not produced by reason of the causes independent damages.
of the will of the perpetrator. The offender has
performed all the acts of execution in the crime f
arson, for the offender to be said that he had ART. 328 SPECIAL CASES OF MALICIOUS
performed all the acts of execution, it is necessary MISCHIEF/QUALIFIED MALICIOUS MISCHIEF
that the building or the property has already been (Penalty is qualified)
burned, otherwise, it cannot be said that he has
1. Causing damage to obstruct the performance of
performed all the acts of execution.
public functions;
So by the definition of a frustrated felony, she is 2. Using poisonous or corrosive substances
with the other legal luminaries who say that there is 3. Spreading any infection or contagion among cattle
no such thing as frustrated arson. Because the 4. Causing damage to the property of the National
moment any part of the property has been Library or to any archive or registry, waterworks,
burned, it is already considered as road, promenade, or any other thing used in
consummated arson. common by public
Art. 327 MALICIOUS MISCHIEF ART. 329 OTHER MISCHIEFS
Who are liable for malicious mischief? Other damage would constitute ordinary malicious
Any person who shall deliberately cause the mischief.
property of another any damage not falling The mischiefs not included in the next preceding article.
within the terms of the next preceding chapter
shall be guilty of malicious mischief.
ART. 330 DAMAGE AND OBSTRUCTION TO MEANS
OF COMMUNICATION
Malicious Mischief is the willful damaging of anothers What is punished is the damage and obstruction to
property for the sake of causing damage due to hate, means of communication.
revenge or other evil motive. Who is liable?
If the intention of the offender is to cause damage in the The penalty of prision correccional in its medium
property of another, by any means outside arson, is and maximum periods shall be imposed upon any
malicious mischief. person who shall damage any railway,
telegraph or telephone lines.
It is a crime which can only be committed by means of intent. If the damage shall result in any derailment of cars,
There must be deliberate intent to cause damage to the collision or other accident, the penalty is qualified
property of another, because if there is no intent to cause to prision mayor, without prejudice to the criminal
damage in the property, the liability will be damages only; liability of the offender for the other consequences
civil liability and not criminal liability. of his criminal act.
In order for a crime to be considered as malicious mischief, For the purpose of the provisions of the article, the
it is necessary that there must be DELIBERATE INTENT to electric wires, traction cables, signal system
cause damage to the property of another. Absent that and other things pertaining to railways, shall be
deliberate intent to damage, to injure the property of another, deemed to constitute an integral part of a railway
it cannot be considered as malicious mischief. The said system.
offender will only be liable for damages for causing damage
to the property of another; civil liability and not criminal
liability. Or, if there was negligence, imprudence on his part,

ART. 331 DESTROYING OR DAMAGING STATUES, In this case, the son-in-law of a Japanese National
PUBLIC MONUMENTS OR PAINTINGS committed estafa through falsification of a
public document. Because the special power of
Who is liable?
attorney was falsified. Since the crime committed
Any person who shall destroy or damage statues or
was estafa through falsification of a public
any other useful or ornamental public monument.
document, the Supreme Court said, the said son-
(penalty of arresto mayor in its medium period to
in-law can be held criminally liable. So this apply
prision correccional in its minimum period)
only to simple cases of theft, swindling (or estafa)
If what has been damaged are only private
and malicious mischief.
monuments or private paintings, it is only ordinary
malicious mischief. The son in law a Japanese National , by means of
Any person who shall destroy or damage any deceit made his mother in law sign a SPA, said
useful or ornamental painting of a public nature SPA was used to sell the property of Tagaytay. The
shall suffer the penalty of arresto menor or a fine mother died without receiving the proceeds of the
not exceeding 200 pesos, or both such fine and sale. The daughter of the mother wanted to file a
imprisonment, in the discretion of the court. case against the son-in law. Note that the wife of
the Japanese national is already deceased. Does
article apply in this case where the crime committed
CHAPTER TEN EXEMPTION FROM CRIMINAL is estafa even if the wife of the Japanese National
LIABILITY IN CRIMES AGAINST PROPERTY is already dead?
Art. 332 PERSONS EXEMPT FROM CRIMINAL The relationship by affinity is still existing. The
LIABILITY. purpose is to ensure harmony within the family.
No criminal, but only civil liability, shall result from the Article 332 will still apply. The son-in-law may be
commission of the crime of THEFT, SWINDLING (or prosecuted. The crime is estafa through
estafa) or MALICIOUS MISCHIEF committed or falsification of public document. The crime
caused mutually by the following persons: committed is the complex crime of estafa through
1. Spouses, ascendants and descendants, or falsification of public document. Article 332 will not
relatives by affinity in the same line. apply though there is a relationship because the
2. The widowed spouse with respect to the property crime is already complexed.
which belonged to the deceased spouse before the Based on jurisprudence:
same shall have passed into the possession of
The word SPOUSES include paramours and
another; and
mistresses, and other wives.
3. Brothers and sisters and brothers-in-law and
sisters-in-law, if living together. The word ASCENDANTS include step father and
step mother.
The word DESCENDANTS include step children,
The exemption established by this article shall not be
adopted children and natural children.
applicable to strangers participating in the commission
of the crime. This exempting circumstance will not apply
to strangers. If the strangers connived with any the
The reason is that the exempting circumstance, the
persons mentioned in Article 332, so in that case, the
absolutory cause under Article 332 is made in order to
stranger is liable, only the enumerated persons is not
insure HARMONY within the family.
criminally liable.
INTESTATE ESTATE OF MANOLITA GONZALES VDA.

DE CARUNGCONG v. PEOPLE:
The Supreme Court said, this absolutory cause or
exempting circumstance under Article 332 applies
exclusively to simple crimes of theft, swindling (or
estafa) and malicious mischief. The exemption
under Article 332 will not arise, it will not absorb
the offender if the crime committed is already a
complex crime.

TITLE ELEVEN o So, there are cases wherein only one is

convicted and the other one is acquitted.
CRIMES AGAINST CHASTITY
Example:
(Articles 333 346)
A, the wife had sexual intercourse with B, the lover. H,
the husband can file a case for adultery against the
CHAPTER ONE ADULTERY AND CONCUBINAGE both of them. During trial of the merits, B was able to
ART. 333 WHO ARE GUILTY OF ADULTERY prove beyond reasonable doubt that A represented
herself to be single and that B believed that she was
Adultery is committed by any married woman who shall indeed single.
have sexual intercourse with a man not her husband and by
the man who has carnal knowledge of her knowing her to be o The wife can be convicted for adultery and
married, even if the marriage be subsequently declared void. the lover has his defense that he did not
know that the woman is married. It is a
Adultery shall be punished by prision correcional in its matter of defense.
medium and maximum periods.
If the person guilty of adultery committed this offense while
being abandoned without justification by the offended Both shall still be prosecuted. Otherwise, the case will
spouse, the penalty next lower in degree than that provided not prosper under Art. 344
in the next preceding paragraph shall be imposed.
If wife is abandoned by her husband without
The penalty shall be mitigated; therefore it is akin to justification, mitigated
a mitigating circumstance. Adultery is a crime of consequence, so there is
no attempted or frustrated stage.
o It is always in the consummated stage.
Offender Legally Married Woman o It is an instantaneous crime
consummated upon the carnal union of
Offended party Husband the wife with the lover of the wife.
Adultery may be proven by circumstantial
To whom shall the case evidence.
Wife and Lover
be filed
Only by the Offended Example:

Who shall file
Husband
The husband was working in Saudi for 10 years, and upon
ELEMENTS: reaching home, he sees his wife pregnant for 9 months,
obviously, if the wife is not a victim of rape, the wife
1. That the woman is married committed adultery.
2. She has sexual intercourse with a man who is not
her husband
3. As regards the man whom she has sexual ART. 334 CONCUBINAGE
intercourse, he must know her to be married
Any husband who shall keep a mistress in the conjugal
dwelling, or shall have sexual intercourse, under scandalous
Adultery is a private crime. circumstances, with a woman who is not his wife, or shall
cohabit with her in any other place, shall be punished by
It can only be prosecuted by the offended prision correccional in its minimum and medium periods.
spouse.
Without the complaint filed by the offended The concubine shall suffer the penalty of destierro.
spouse, no crime. ELEMENTS:
o Therefore, the state cannot, on its own, file
1. The man must be married
a case of adultery against the wife.
2. That he committed any of the following acts:
If the lover does not know that the woman is
a. Keeping a mistress in the conjugal
married, still the husband should file the case on
dwelling;
both of them.
b. Having sexual intercourse under
o It is a matter of defense only on the lover
scandalous circumstances;
to say that I do not know that she is
c. Cohabiting with her in any other place
married.

3. The woman must know that the man must be THIRD ACT: COHABITING WITH A WOMAN IN ANY
married OTHER PLACE
Cohabitation means that the husband and the
Offender Legally Married Husband
concubine were living together as if they were
Offended party Wife husband and wife without the benefit of marriage.
To whom shall the case

Husband and Concubine CHAPTER TWO RAPE AND ACTS OF
be filed
LASCIVIOUSNESS
Who shall file Only by the Offended Wife Art. 335 - RAPE IS ALREADY REPEALED. Rape is no
longer a private crime. It is already a public crime and
located under title 8, crimes against persons.
Just like adultery, Concubinage is a private crime.
The wife must initiate the filing of the complaint TWO KINDS OF ACTS OF LASCIVIOUSNESS:
because it is a private crime.
Without the complaint, the state cannot, on its 1. Acts of Lasciviousness under circumstances of rape
own, file the case of concubinage under Art. 336
The wife must file the case against both the 2. Acts of Lasciviousness under circumstances of
husband and the concubine and is married. seduction under Art. 339
When the offended party consented to the acts
of lasciviousness
Q: What if the concubine does not know that the husband is
married?
ACTS OF LASCIVIOUSNESS refers to acts which is
A: It is a matter of defense on the part of the prompted by lust or lewd design.
concubine that she was also deceived. She did not
know that the man is married. But she also must be
prosecuted. ART. 336. ACTS OF LASCIVIOUSNESS
Any person who shall commit any act of lasciviousness upon
FIRST ACT: KEEPING A MISTRESS IN THE CONJUGAL other persons of either sex, under any of the circumstances
DWELLING mentioned in the preceding article, shall be punished by
prision correcional.
The conjugal dwelling refers the house of the husband
and the wife ELEMENTS:
Husband brought her to the house 1. That the offender commits any act of
lasciviousness or lewdness;
SECOND ACT: HAVING SEXUAL INTERCOURSE 2. That the act of lasciviousness is committed against
UNDER SCANDALOUS CIRCUMSTANCES a person of either sex;
3. That it is done under any of the following
The best witnesses are the neighbors of the husband. circumstances:
It must be in such a manner that the neighbors are a. Using force or intimidation
shocked. b. When the offended party is deprived of
Q: What if a married man who had sexual intercourse with a reason or otherwise unconscious
woman inside a motel. Is the man liable for concubinage? c. By means of fraudulent machination or
grave abuse of authority
A: NO, because it was done in secrecy. In order for
d. When the offended party is under 12
the husband to be liable for concubinage by having
years of age or demented
sexual intercourse with a woman who is not his wife, it
It is committed with unchaste design and done under
is necessary that the sexual intercourse was
circumstances of rape.
committed under scandalous circumstances. Their
sexual congress must set a bad example, misconduct Offender any person
among the people in the neighborhood. Offended party any person

Q: Offender is the woman while the offended party is a man. 1. Seduction of a virgin over 12 years of age and under
The man was being held by 2 other men when the woman 18 years of age by persons who abuse their authority or
undressed the man, touched the private parts of the man. confidence reposed in them
What crime is committed?
ELEMENTS:
A: Acts of Lasciviousness under circumstances of
1. The offended party must be a virgin
rape under Art. 336. Under Art. 336, the offender and
2. She must be over 12 and under 18 years of age
the offended party may be any person. The man was
3. The offender is a person in public authority, priest,
held by other two men and the act of the woman was
house servant, domestic, teacher, guardian or any
prompted by lust or lewd design. Therefore it is acts of
person, in any manner, shall be entrusted with the
lasciviousness under circumstances of rape.
education or custody of the woman seduced
4. The offender had sexual intercourse with of the said
offended party
Q: In a school, the woman after unbuttoning the pants of the
5. There is abuse of authority, confidence or
said man, the woman forcibly entered the penis of the man
relationship on the part of the offender
inside her mouth. Is the crime committed rape by sexual
assault?
A: No, but it is acts of lasciviousness. If you look at Offended party must be:
rape by sexual assault, it is committed by the man
o Virgin
inserting his penis into another persons mouth or
o over 12 under 18 years of age
orifice. It is the offender who must insert his penis into
If the victim is under 12 years of age, even if there
the mouth or orifice. In the problem, it is not the man
was consent, it is statutory rape.
who inserted his penis. It was the woman who forcibly
inserts the penis of the man inside her mouth. Offender must be:
Therefore, crime committed is only acts of o Person in public authority
lasciviousness, because in rape by sexual assault, it o priest
is the offender who has the penis and inserted it o house servant
forcibly to another. o domestic
o teacher
o guardian
CHAPTER THREE SEDUCTION, CORRUPTION OF
o any person who has custody of the seduced
MINORS AND
woman
WHITE SLAVE TRADE
VIRGINITY does not refer to physical virginity.
TWO KINDS OF SEDUCTION:
It would suffice that the woman is not married, she is
1. Qualified Seduction single and living a chaste life.
2. Simple Seduction The law presumes that she is a virgin.
ART. 337 QUALIFIED SEDUCTION sexual intercourse is an element of any kind of

The seduction of a virgin over twelve years and under seduction. It is committed with the abuse of
eighteen years of age, committed by any person in public authority, confidence or relationship.
authority, priest, home-servant, domestic, guardian, teacher,
or any person who, in any capacity, shall be entrusted with 2. Seduction of a sister by her brother or descendant by
the education or custody of the woman seduced, shall be her ascendant, regardless of her age and reputation.
punished by prision correccional in its minimum and medium Offended party must be:
periods.
o Sister or Descendant
The penalty next higher in degree shall be imposed upon any
person who shall seduce his sister or descendant, whether
or not she be a virgin or over eighteen years of age. Offender must be:
Under the provisions of this Chapter, seduction is committed o Brother or Ascendant
when the offender has carnal knowledge of any of the
persons and under the circumstances described herein.
TWO KINDS OF QUALIFIED SEDUCTION:

The brother or ascendant had sexual intercourse with ART. 339 ACTS OF LASCIVIOUSNESS WITH THE
the sister or descendant, which is committed with CONSENT OF THE OFFENDED PARTY
abuse of relationship.
The penalty of arresto mayor shall be imposed to punish any
Age does not matter. Even if the sister is 18 and
other acts of lasciviousness committed by the same persons
above, still, seduction can still be committed.
and the same circumstances as those provided in Articles
Status in life is not an element. Even if she is a married
337 and 338.
woman, still, there can be seduction. (Virginity does
not matter) This is done with the consent of the offended party
This is under circumstances of seduction.
ART. 338 SIMPLE SEDUCTION

The seduction of a woman who is single or a widow of good Offender: Man
reputation, over twelve but under eighteen years of age, Offended Party: Woman
committed by means of deceit, shall be punished by arresto
mayor. In seduction, the offended party is always the woman
ELEMENTS: ELEMENTS:
1. Offended party is over 12 and under 18 years of 1. Offender commits acts of lasciviousness or
age lewdness
2. She must be of good reputation, single or widow 2. Acts were committed upon a woman who is a virgin,
3. Offender has sexual intercourse with her or single or widow of good reputation, under 18
4. It is committed by means of deceit. years of age but over 12 years, or a sister or
descendant regardless of her reputation or age
3. Offender accomplishes the acts by :
In case of simple seduction, the offended party must be a a. Abuse of authority
WOMAN who is single or widow of good reputation, over 12 b. Abuse of confidence
but must be under 18 years of age. c. Abuse of relationship
Offender any person d. Means of deceit
who had sexual intercourse with her by means of ART. 340 CORRUPTION OF MINORS
deceit. Any person who shall promote or facilitate the prostitution or
corruption of persons underage to satisfy the lust of another,
shall be punished by prision mayor, and if the culprit is a
DECEIT- the offended party gave herself to the man
pubic officer or employee, including those in government-
because of the latters promise.
owned or controlled corporations, he shall also suffer the
It may come in the form of inducement, a false penalty of temporary absolute disqualification. (As amended
promise. by Batas Pambansa Blg. 92).
Q: In order to have sexual congress with the woman, the Corruption is committed by persons who:
man promised to marry the woman. The woman who
1. Promote or facilitate the prostitution or the
believed the promise gave herself to the man. What crime is
corruptions of minors in order to satisfy the lust of
committed if any by the said man?
another
A: Simple seduction. In order to induce the woman o It is committed by pimps, or more commonly
to give up her virginity was due to the deceit employed. known as Bugaw
Q: If the offender is a public officer or employee, including

Q: The woman committed sexual congress with a married
those in the government owned-controlled corporations?
man because the man promised that he will marry the
woman. A: there is an additional temporary absolute
disqualification
A: The SC said that there is no seduction. The fact that
the woman knows that the man is married, the man
cannot marry her. There is no deceit.
ART. 341 WHITE SLAVE TRADE
The penalty of prision mayor in its medium and maximum
period shall be imposed upon any person who, in any

manner, or under any pretext, shall engage in the business intercourse constitute equals one charge. Here, only 1
or shall profit by prostitution or shall enlist the services of any rape can be complexed with forcible abduction. It is a
other for the purpose of prostitution (As amended by Batas complexity of crimes under Art. 48, Book I of the
Pambansa Blg. 186.) Revised Penal Code. It is not a special complex crime,
but merely a complex crime.
PUNISHABLE ACTS:
I. Engaging in the Business of Prostitution
II. Shall Profit by Prostitution only 1 forcible abduction is necessary to commit the
III. Enlist the services of any woman for the purpose of crime of rape and only 1 rape is necessary to bring
prostitution about complex crime of forcible abduction with
rape.
Chapter Four ABDUCTION

Q: In the same case, the Nena was inside the house of the
TWO KINDS OF ABDUCTION:
Pedro. Pedro tried to rape Nena, he attempted to rape,
1. Forcible Abduction however, Nena was able to put up a fight and Nena kicked
2. Consented Abduction Pedro, as a result, she ran outside the house. What crime/s
is/are committed by Pedro?
ART. 342 FORCIBLE ABDUCTION A: 2 crimes are committed, Forcible Abduction and
The abduction of any woman against her will and with lewd Attempted Rape. BUT one charge can be filed which
designs shall be punished by reclusion temporal. is FORCIBLE ABDUCTION. The attempt to rape
Nena is only the manifestation of the lewd design
The same penalty shall be imposed in every case, if the which is an element of forcible abduction. Therefore,
female abducted be under twelve years of age. he can only be charged of Forcible abduction.
Forcible Abduction- abduction, taking away, or carrying o Attempted rape was absorbed in the element of
away of a woman against her will and with lewd design. lewd design.
Woman can be any person. o No such thing as Forcible Abduction with
Regardless of age, virginity, civil status. They are not Attempted Rape.
material.
For as long as the taking away is done with lewd
design and against her will. ART. 343 CONSENTED ABDUCTION
The abduction of a virgin over twelve years and under
eighteen years of age, carried out with her consent and with
Sexual intercourse is NOT an element. lewd designs, shall be punished by the penalty of prision
If by reason of or on the occasion of forcible abduction, correccional in its minimum and medium periods.
the man had sexual intercourse with the woman, it
may result in a COMPLEX CRIME OF RAPE WITH ELEMENTS:
FORCIBLE ABDUCTION. 1. The woman must be a virgin
2. She must be over 12 years but under 18 years of
age
Q: Nena was waiting near the gate of her house, while 3. The taking away must be with her consent, after
waiting for her father. Suddenly here comes Pedro. Pedro solicitation or cajolery from the offender
abducted her. Forcibly took her away from her house and 4. The taking away must be with lewd designs.
brought her inside his house. The said taking was done with
lewd design. So Pedro held Nena inside her house for 7
days. Pedro said, Marry Me, Nena said, I will never marry Offended party :
you. By reason thereof, Pedro rape Nena, and during the 7
o She must be a virgin
days when Nena was held in captivity inside the house of
o Over 12 and under 18 years of Age
Pedro, Pedro rape her one time a day. There were 7 acts of
rape. What crime/s is/are committed by Pedro? Offender: Any Person
A: The crimes committed by X are 7 crimes. Pedro Taking away of the woman must be WITH HER CONSENT.
shall be charged by 7 information. 1 crime forcible
It was with her consent because it was made after
abduction with rape and 6 crimes of distinct and
solicitation or cajolery from the offender
separate charges of rape. One act of sexual

NOTE: the age (12-18) is what makes the crime of ART. 344 PROSECUTION OF THE CRIMES OF
abduction. ADULTERY, CONCUBINAGE, SEDUCTION,
ABDUCTION, RAPE AND ACTS OF LASCIVIOUSNESS
Q: A and B were girlfriend and boyfriend. A was a virgin who
was 16 years old, the man is 25 years old. The parents did The crimes of adultery and concubinage shall not be
not like the man. So with the inducement from the said man, prosecuted except upon a complaint filed by the offended
with the solicitation, A and B decided to elope. So the man spouse.
carried away the said woman with her consent and with lewd
design and put the woman inside his house. That night while
they were sleeping, the said man tried to have sexual The offended party cannot institute criminal prosecution
congress with the virgin girl. However, the girl refused. without including both the guilty parties, if they are both alive,
Nevertheless, the man by use of force, was able to have nor, in any case, if he shall have consented or pardoned the
sexual congress with her. What crime/s is/are committed by offenders.
B, the boyfriend?
A: Consented Abduction, There was taking away of The offenses of seduction, abduction, rape or acts of
the woman with lewd design and with her consent. In lasciviousness, shall not be prosecuted except upon a
the course thereof, the man raped the girl, because complaint filed by the offended party or her parents,
force was used in the sexual intercourse, therefore grandparents, or guardian, nor, in any case, if the offender
there is another crime of rape. You have a COMPLEX has been expressly pardoned by the above named persons,
CRIME OF CONSENTED ABDUCTION WITH RAPE. as the case may be.
Abduction was a necessary means in order to commit
rape.
Q: The girl was 15 and the boyfriend was 25. The said In cases of seduction, abduction, acts of lasciviousness and
boyfriend was able to take away the girl with her consent. rape, the marriage of the offender with the offended party
The parents of the girl filed a case. Per Maam, she was able shall extinguish the criminal action or remit the penalty
to handle a similar case where the girl was 16 and the man already imposed upon him. The provisions of this paragraph
was above 18. The parents of the girl do not like the man so shall also be applicable to the co-principals, accomplices
the lovers eloped and lived in the house of the man. The and accessories after the fact of the above-mentioned
mother filed a case of consented abduction. During the P.I., crimes.
the said girl loved the man and even if the mother will take
her away from the man, she will always return to the man.
Also, the woman has keys of the house of the man. Per WHO MAY
CRIME FILED AGAINST
maam the man was not at fault because it was always the FILE
woman who would go to the mans house. So she dismissed
the case. Adultery Husband Wife and the Lover
In qualified seduction and consented abduction, acts of Husband and the

lasciviousness in circumstances of seduction: INSTANCES Concubinage Wife
Concubine
WHERE VIRGINITY IS AN ELEMENT
These are private crimes which can be prosecuted

Note: In consented abduction, sexual intercourse is not an upon the complaint filed by the private proper party.
element, so if after the woman ran away with the man, yet
she does not want to have sexual intercourse but the man Seduction, Abduction, Acts of Lasciviousness
forced her and was able to succeed in having sexual These are private crimes which can be prosecuted
intercourse, the crime committed is consented abduction upon the complaint by:
with rape. a. Offended party
b. Parents
c. Grandparents
CHAPTER FIVE - PROVISIONS RELATIVE TO THE
d. Guardians in the order named above
PRECEDING
In Seduction, Abduction and even public crime of
Rape, the subsequent marriage of the offended party
and the offender shall extinguish the liability and shall
CHAPTERS OF TITLE ELEVEN
remove the penalty already imposed by the court

ART. 345 CIVIL LIABILITY OF PERSONS GUILTY OF

CRIMES AGAINST CHASTITY Person guilty of rape,
ANTI-SEXUAL HARRASMENT ACT OF 1995 (R.A. 7877)
seduction or abduction, shall also be sentenced:
Sexual Harassment is about power. It is the use of sex as
1. To indemnify the offended woman.
an instrument or means of domination or supremacy.
2. To acknowledge the offspring, unless the law should
Sexual Harassment in work, education and training-related
prevent him from so doing.
environment is committed by:
3. In every case to support the offspring.
1. employer
2. employee
3. manager
The adulterer and the concubine in the case provided 4. supervisor
for in Articles 333 and 334 may also be sentenced, in 5. agent of employer
the same proceeding or in a separate civil proceeding, 6. teacher
to indemnify for damages caused to the offended 7. instructor
spouse. 8. professor
9. coach
10. trainor
11. any person who having authority, influence or
Civil Liability of Persons guilty of Rape, Seduction, or moral ascendancy over another person
Abduction: - shall demand, request or otherwise requires sexual
1. To indemnify the offended woman. favor from the other, regardless if whether the sexual
favor is accepted by the offended party.
2. To acknowledge the offspring, unless the law should
prevent him from so doing.
IN WORK RELATED OR EMPLOYMENT ENVIRONMENT,
3. In every case to support the offspring. SEXUAL HARASSMENT IS COMMITTED WHEN:
1. Sexual favor is made as a condition in the hiring,
Q: What if it is a gang rape, so let us say that 5 men raped or in the employment of said individual, or in
the said woman, how can there be acknowledgement granting said individual favorable compensation,
because the woman suddenly became pregnant and all of terms, conditions, promotions, or privileges; or the
them are convicted. All of them shall indemnify the offended refusal to grant the sexual favor results in limiting,
party. How about the acknowledgement? segregating, or classifying the employee which in
any way would discriminate, deprive or diminish
A: It can be easily determined from the DNA
employment opportunities or otherwise adversely
testing.
affect said employee;
2. The above acts would impair the employers
ART. 346 LIABILITY OF ASCENDANTS, GUARDIANS, rights or privileges under existing labor laws; or
TEACHERS, OR OTHER PERSONS ENTRUSTED WITH 3. The above acts would result in an intimidating,
THE CUSTODY OF THE OFFENDED PARTY hostile or offensive environment for the employee.
The ascendants, guardians, curators, teachers and any

person who, by abuse of authority or confidential IN AN EDUCATION OR TRAINING ENVIRONMENT,
relationships, shall cooperate as accomplices in the SEXUAL HARASSMENT IS COMMITTED:
perpetration of the crimes embraced in chapters, second,
1. Against one who is under the care, custody or
third and fourth, of this title, shall be punished as principals.
supervision of the offender
2. Against one whose education, training,
Teachers or other persons in any other capacity entrusted apprenticeship or tutorship is entrusted with the
with the education and guidance of youth, shall also suffer offender
the penalty of temporary special disqualification in its 3. When the sexual favor is made a condition to the
maximum period to perpetual special disqualification. giving of a passing grade, or the granting of
honors and scholarships, or the payment of a
stipend, allowance or other benefits, privilege or
Any person falling within the terms of this article, and any consideration or;
other person guilty of corruption of minors for the benefit of 4. When the sexual advances result in the
another, shall be punished by special disqualification from intimidating, hostile, or offensive environment for
filling the office of guardian. the student trainee or practice.

damages in the amount of P30,000 and exemplary damages

in the amount of P20,000.
Q: A is the victim of sexual harassment. What are the
remedies on the part of A? What is/are cases may A file
against the offender B?
The Penalty for sexual harassment is so low
A: A has 3 Remedies under the Law. o Imagine only 1 to 6 months and a fine of
P10,000 to P20,ooo
1. She can file a case for violation of R.A. 7877
o So if you become congressmen and senators,
and the penalty is imprisonment of 1 month
you can amend the law, increase the penalty
to 6 months or a fine of P10,000 to P20,000
or both fine and imprisonment at the
discretion of the court
ANTI PHOTO and VIDEO VOYEURISM ACT OF 2009
2. She can file a civil action for damages or
(R.A 9995)
any other affirmative defense
3. She can also file an administrative case ACTS PROHIBITED:
against the said offender. If he is a doctor, I. Taking photo or video coverage of a person or a group
she can file a case at the head of the of persons performing sexual act or any similar activity
hospital; if he professor, she can file a case or to capture an image of a private area of a person such
at the head of the school. as the naked or undergarment clad genitals, public
area, buttocks, or female breasts without the consent of
These remedies are CUMULATIVE. They are not the persons involved and under circumstances in which
exclusive of each other the person/s has/have a reasonable expectation of
o The offended party may, therefore, file all 3 privacy
cases at the same time. o It is necessary for the crime to arise, there must be NO
o A criminal case, civil case, and administrative consent on the part of the said offended party. And, it
case for the expulsion or suspension of the said must be in place where he or she has a reasonable
offender. expectancy of privacy.
II. To copy or reproduce, or to cause to be copied or

PEOPLE v. JACUTIN
reproduced such photo or video or recording of sexual
There was this nursing graduate who wanted to act or any similar activity with or without consideration
apply for work and so she applied for work at the City Health
Office. She was interviewed, but before the interview end, III. To sell or distribute or to cause to be sold or distributed
the City Health Officer told her to meet him in a certain place. , such photo or video or recording of sexual act, whether
And so, the City Health Officer went to the said place and the original copy or reproduction thereof;
picked up the girl and inside the car he asked the girl to lower
down her pants to see if there are varicose veins. He said it
was part of the Physical Examination to lower her pants. IV. To publish or broadcast, or to cause to be published or
However, the moment that the City Health Officer inserted broadcast whether in print or broadcast media, or show
his hands inside the genitalia of the girl, the said woman or exhibit the photo or video coverage or recordings of
immediately pull up her pants. Then, the said City Health such sexual act or any similar activity through
Officer to put up her shirt. The moment the girl put up her VCD/DVDV, internet, cellular phones and other similar
shirt, she thought it was still part of the physical examination. means or device.
The City Health Officer fondled with her breast, and that was
the moment that the girl took her bag and left out of the said
car. And so, the girl wanted to file a case of violation of R.A Q: What if A and B are lovers, as lovers they often had
7877 against the City Health Officer. It was a hard struggle sexual congress. So A the man, told the girl can I videotape
for the girl, the police came to the girl giving her money for our sexual congress, the girl said yes. So the girl consented.
the girl not to pursue the case. All the relatives of the girl So, while they engage in sexual congress, it was being
convinced her not to file a case against the City Health videotaped by the man. Is the man liable under R.A. 9995?
Officer. So this is the fight of the girl alone. She won A: No, he is not liable, because there was a
The SandiganBayan convicted the Officer. After, an consent given by the said girl.
appeal to the Supreme Court, the Supreme Court convicted
the said Officer and impose upon him the maximum penalty
Q: What if the man reproduced and distributed the said tape.
of 6 months imprisonment and a fine of P20,000 plus moral
Is the said man liable?

A: Yes, he is liable.
PENALTY: imprisonment of not less than 3 years but

not more than 7 years AND fine of not less than 100k
but not more than 500k, or both the fine and
imprisonment at the discretion of the court.
Q: What if the woman went to the mall, there was a need to

answer the call of nature, she went to the rest room. In the
rest room, she saw a camera inserted near and in between
the wall of the said cubicle. The janitor placed it there. Is the
Janitor liable under R.A 9995?
A: Yes, he is liable for R.A. 9995.
Case of Hayden Kho and Katrina Halili

If their case took place after the effectivity of this
act, Hayden Kho should not be off the hook. It just so happen
that this act was not yet enforced at that time. So the case
filed against him is violation of R.A. 9262 Violence against
woman and their children. Because the reason why the RTC
dismissed the case was that, according to the said court,
there was consent given by Katrina Halili and so, according
to the court, there was no violence against women and their
children. But had R.A 9995 in effect at that time, even if
consent was allegedly, although not proven, given by Katrina
Halili, Hayden Kho can be held liable under the 2nd and the
3rd Act. He was so lucky that this law was not yet in effect at
that time.

TITLE TWELVE 3. Concealing or abandoning any legitimate child with

intent to cause such child to lose its civil status
CRIMES AGAINST THE CIVIL STATUS OF PERSONS
The offender conceals or abandons the legitimate child
(Articles 347 352)
and the intention of the offender is to lose the childs civil
status.
CHAPTER ONE SIMULATION OF BIRTHS AND It is necessary that the child is legitimate, not illegitimate.
USURPATION OF CIVIL STATUS
ART. 347 SIMULATION OF BIRTHS, SUBSTITUTION
Q: A and B husband and wife had a child. the child was born
OF ONE CHILD FOR ANOTHER AND CONCEALMENT
without legs. So A and B could not accept the fact that their
OR ABANDONMENT OF A LEGITIMATE CHILD
child has no legs. They brought the child in the forest for the
THREE ACTS PUNISHED UNDER ART. 347: child to die, to a forest with no people. Thereafter, left the
1. Simulation of birth child. What crime is committed by A and B?
Simulation of birth- takes place when the woman A: If the child died, and the child was less than 3 days
pretends to be pregnant when in fact she is not and on old, the crime committed is infanticide. If not, the
the day of the delivery, takes the child of another as her crime committed is attempted infanticide if the child
own. was later on discovered and rescued.
If the simulation is done in the birth certificate, the If the child is above 3 days old, the crime committed
crime committed is simulation of birth would be parricide, in case the child died when left in
If the simulation is done in any other document the forest. Or, it not, attempted parricide.
aside from birth certificate, the crime committed
is falsification of a public or private document as
Q: What if A and B, instead of going to the forest, went to the
the case may be.
mall. The mother went inside the restroom and placed the
said child in one of the cubicles in one of the restrooms of
Q: A was a pregnant. She told the midwife that she does not the mall. What crime is committed by the mother and the
want the baby. The midwife said that she knew a couple who husband?
wanted a child. The couple arrived and the mother gave the A: Abandoning the Minor under Art. 276. The
child to the couple. This couple took the baby and registered parents left her deliberately, consciously, and
the child as their own. What are the crimes committed and permanently, without intent to kill. There was no intent
who are criminally liable? to kill because they could not kill the child. They left it
A: All of them are all liable for simulation of inside the restroom therefore obviously there was no
birth. The mother, the midwife and the couple. The intent to kill.
said couple pretended that the child is their own
child. In that case, said child lost its original status.
Q: What if this husband and wife and the child that they have
happens to be their 13th child. They already had 12 children
2. Substitution of a child with another and these children are not going to school. So their 13th child
In substitution of a child with another, the classic was born and they wrapped the child in a nice towel, placed
example is MARA and CLARA. it inside a basket and then placed it at the gate of the house
Mara was substituted as Clara and Clara was of a rich family. Then they rang the bell. What crime is
substituted as Mara. As a result, Mara loses committed by the husband and the wife?
her real civil status of being a daughter of a rich
A: Violation of Art. 347 Abandoning a legitimate
family and assumes a new civil status of being
child with intent to lose its real civil status.
a daughter of a poor family. The same
Obviously, the intent of the parents is for the child, their
happened to Clara, Clara assumes a civil
13th child to lose its real civil status of being that of a
status of being a daughter of a rich family and
poor family and assume a new civil status of coming
loses her real civil status of being a daughter
from a rich family because the child was left at the gate
of a poor family. Crime committed is
and the parents rang the bell.
Substitution of a child with another child which
tend the child to lose his or her real civil status

NOTE: It depends on the intent of the offender. It could be court has declared that the said spouse is
any other crime, depending on the intent of the offender. presumptively dead
ART. 348 USURPATION OF CIVIL STATUS Old case in the Book:

The penalty of prision mayor shall be imposed upon any The wife contracted a second marriage because she
person who shall usurp the civil status of another, should he inquired from the relatives of the husband and the relatives
do so for the purpose of defrauding the offended part or his of the husband said, He is already dead and because of
heirs; otherwise, the penalty of prision correccional in its that, the wife contracted a second or subsequent marriage.
medium and maximum periods shall be imposed. The first husband appeared, and filed a case of bigamy
against the said wife. Is the wife liable for bigamy?
It shall be committed by any person who shall usurp
the civil status of another, who shall assumes the The court said that the woman is liable for
filiation, or the paternal, or the marital rights of another bigamy through reckless imprudence, because
Intention of the offender is to enjoy the civil rights according to the court, there was imprudence
arising from the civil status of the person whom he because just by mere reliance on the statement
impersonates. made by the parents of the husband, she
If the intention of the offender is to defraud the already contracted a second marriage
offended party, or his heirs, the penalty is QUALIFIED.
Is there such a crime of bigamy through reckless
CHAPTER TWO ILLEGAL MARRIAGES imprudence?
ART. 349 BIGAMY I do not believe in that decision. It is impossible
for this crime to have happened. because the
The penalty of prision mayor shall be imposed upon any
law says, without the first marriage being legally
person who shall contract a second or subsequent marriage
dissolved, it means there must be a court
before the former marriage has been legally dissolved, or
declaration of nullity of marriage, without that the
before the absent spouse has been declared presumptively
absent spouse being declared presumptively
dead by means of a judgment rendered in the proper
dead in a decision made in an appropriate
proceedings.
proceeding, there must be a court decision.
ELEMENTS: Since there is a need of a court decision before
1. That the offender has been legally married one could contract a second or subsequent
2. That the marriage has not been legally dissolved, marriage, there cannot be an instance of bigamy
in case his or her spouse is absent, the absent through reckless imprudence. The moment the
spouse could not yet be presumed dead said married person contracted a second or
according to the Civil Code subsequent marriage, without any court
3. That he contracts a second or subsequent decision, the crime committed is evidently
marriage BIGAMY. It cannot be done through reckless
4. That the second or subsequent marriage has all imprudence or simple negligence.
the essential requisites for validity.
Sample problem:
Bigamy shall be committed by any person who shall A and B are married. B, the husband fell in love with another
contracts a second or subsequent marriage before the woman, and married the woman thereafter. It is now a
former marriage has been legally dissolved, or who bigamous married. A bigamous marriage is an otherwise
shall contract a subsequent or second marriage before valid marriage, except for the fact that there is a subsisting
the absent spouse has been declared presumptively marriage.
dead, meaning in a decision made in an appropriate
proceedings.
The offender is a married person, but he contracted a ART. 350 MARRIAGE CONTRACTED AGAINST
second or subsequent marriage, his previous PROVISIONS OF LAWS
marriage has not yet been declared null and void by
The penalty of prision correccional in its medium and
the court, or her spouse is absent and he or she
maximum periods shall be imposed upon any person who,
contracts a second or subsequent marriage before the
without being included in the provisions of the next

proceeding article, shall have not been complied with or that The period of 301 days is only important if the woman
the marriage is in disregard of a legal impediment. is not pregnant
If the woman is pregnant at the time of the death or at
the time of the declaration of the nullity of marriage, it
If either of the contracting parties shall obtain the consent of is only at the time of the delivery of the baby. After the
the other by means of violence, intimidation or fraud, he shall baby is delivered, she can already marry because
be punished by the maximum period of the penalty provided there is no doubt as to the paternity of the child.
in the next preceding paragraph. Nowadays, you can easily determine the paternity of
the child through DNA testing.
Illegal marriage- marriage contracted without the requisites ART. 352 PERFORMANCE OF ILLEGAL MARRIAGE
of the law. CEREMONY
Committed by any person who shall contract a Priests or ministers of any religious denomination or sect, or
marriage knowing that he was not able to comply with civil authorities who shall perform or authorize any illegal
the requisites of law or if there is a legal impediment of marriage ceremony shall be punished in accordance with the
the said marriage. provisions of the Marriage Law.
In the Family Code, before one can contract a
marriage, there is the so called essential and formal
requisites. All of these must be complied with. The
absence of any of these, the contracting parties knows
its absence, yet contracted the marriage, the liability
falls under Art. 350 f0r illegal marriage.
Q: What if the priest, or the minister who contracted or

solemnized the marriage, knows that there is a legal
impediment or knows that the parties failed to comply with
the requisites, What is the liability?
A: Liability is under Art. 352. Under Art. 352, there is a
liability of any priest, or minister of any denomination
or religious sect, or also civil authorities who shall
contract or solemnize any marriage which is not in
accordance with any requisites of the law.
ART. 351 PREMATURE MARRIAGES
Person Liable:
1. A woman who married within 301 days from the
death of her husband, or before delivery of her baby
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.
Q: Why is a woman prohibited from marrying for a period of

301 days?
A: This is to en sure that there is no doubt as to the
paternity of the child to be delivered, in order for the
child to know who is his father. Otherwise, if he is not
the one who died, he is the new husband of the wife.

TITLE THIRTEEN Q: What if A, in the same incident, using a microphone, using

an amplifier sound system, called B isa kang estafadora. Is
CRIMES AGAINST HONOR
the crime committed libel or is it oral defamation?
(Articles 353 364)
A: The crime committed is Oral Defamation or
Slander. The use of the microphone or the amplifier is
CHAPTER ONE LIBEL not within the means provided for Art. 355.
Section One: Definitions, forms, and punishment of

this crime. THIRD ELEMENT:
DEFAMATION Kinds of Defamation: Identity of the person- must be identified, not
1. Written defamation or Libel necessary that the person must be named or
2. Oral defamation or Slander described.
3. Slander by deed It suffices that any reader or a person who heard would
know that he is the person being referred to.
The moment a 3rd party has recognized or has known
ART. 353 DEFINITION OF LIBEL that he is the one being referred to in the defamatory
statement, the identity of the offended party is already
LIBEL is public and malicious imputation of a crime, or of
present.
a vice or defect, whether real or imaginary, or any act,
omission, condition, status, or circumstance tending to
cause the dishonor, discredit, or contempt of a natural or FOURTH ELEMENT in relation to Art. 354 Requirement
juridical person, or to blacken the memory of one who is for Publicity:
dead. As a rule, every defamatory statement is presumed to
ELEMENTS: be MALICIOUS, even if it is true.
In defamatory statements, if the offender cannot state
1. There must be an imputation or allegation of a
any good intention or justifiable motive for stating
crime, or a vice of defect, whether real or imaginary,
defamatory statements, the law presumes malice.
or any act or omission, condition, status or
MALICE IN LAW Prosecution need not prove
circumstance which tend to dishonor or discredit a
malice. It is the defense who must prove that in stating
natural or juridical person.
the defamatory statements, there was no malice on
2. That there must be a publication of the said
the part of the offender because the law presumes
defamatory statement or article
malice in law.
3. The identity of the person defamed must be
established or identified
There are certain statements wherein the law does not
4. The existence of malice
presumes malice. In this kind of malice, it must be
proven by the prosecution. This is MALICE IN FACT.
SECOND ELEMENT: It is available in privilege communication.
o It is the burden of the prosecution to prove the
Publication- satisfied the moment that a 3rd person existence of malice on the part of the offender
has heard or read the libelous statement, even if the when he said the defamatory mark or statement.
person pertained has not heard or read it. Otherwise, if not proven. There will be an
o So the basis is that a 3rd person has heard or acquittal.
read the libelous statement.
ART. 354 REQUIREMENT FOR PUBLICITY

Q: What if A, in national television said, ikaw B, isa kang
Kinds of Privilege Communications (Exceptions)
estafadora. A accused B of the crime of estafa. Is the crime
committed libel or oral defamation (slander)? 1. A private communication made by any person to
A: The crime committed is LIBEL. According to the another in the performance of any legal, moral or
Supreme Court, Television is within the phrase any social duty; and
similar means. 2. 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 A: Crime committed is Threatening to Publish a

of any other act performed by public officers in the Libel, also a form of Blackmailing.
exercise of their functions.
These are considered as privilege communications.
BLACKMAILING is an unlawful extortion of money
The said prosecution, the complainant must prove
appearing [on the fears] of the offended party, can either be
malice, otherwise, there will be an acquittal of the said
light threats or threatening to publish libel
offender or accused.
It is light threats if the offender asks the money or any
other consideration in exchange for a doing of a wrong
ART. 355 LIBEL MEANS BY WRITINGS OR SIMILAR which does not constitute a crime.
MEANS Otherwise, if the thing to be published would involve
the morality of the person, then you are threatening to
A libel committed by means of writing, printing, lithography,
publish a libel.
engraving, radio, phonograph, painting, theatrical exhibition,
cinematographic exhibition, or any similar means, shall be
punished by prision correccional in its minimum and medium
Where do you file a case of Libel?
periods or a fine ranging from 200 to 6,000 pesos, or both,
in addition to the civil action which may be brought by the You file a case of Libel before the Regional Trial
offended party. Court (RTC). Although the penalty for libel is prision
correcional in its minimum and medium period, it
If the defamatory statement or article is published
should be filed before the MTC under the Rules of
through any of these means, then, the crime
Court, yet Revised Penal Code (RPC) itself, a
committed is LIBEL.
substantive law, states that all libel cases must be filed
ART. 356 THREATENING TO PUBLISH AND OFFER TO before the RTC.
PRESENT SUCH PUBLICATION FOR A Rules of Court is only a procedural law. Therefore the
COMPENSATION substantive law, the Revised Penal Code, should be
followed.
The penalty of arresto mayor or a fine from 200 to 2,000
pesos, or both, shall be imposed upon any person who
threatens another to publish a libel concerning him or the
Where shall be these cases of libel be filed?
parents, spouse, child, or other members of the family of the
latter or upon anyone who shall offer to prevent the It depends. Generally, it should be filed before the
publication of such libel for a compensation or money RTC where the article was printed or first published
consideration. or the RTC where the offended party is residing at the
time of the commission of the crime.
Art. 355 enumerates how libel can be committed:
If the offended party is a public officer and is working
1. Writing
2. Printing in City of Manila, it must be filed before RTC of Manila
3. Lithography or the RTC where the article was printed and first
4. Engraving published.
5. Radio If the public officer is not working in Manila, it shall be
6. Phonograph filed in the RTC of the province or city where he is
7. Painting working at the time of the commission of the offense
8. Theatrical Exhibition
or where the libelous article was printed or was first
9. Cinematographic Exhibition
10. Any similar means published.
If libelous article refers to a private individual who is
the offended party, it can be filed before the RTC of
Q: What if A told B, if you will not give me P100,000, I will the place where the private individual resides at the
inform your husband that you are having an affair with time of the actual commission of the offense or where
another man. What crime is committed by A? the libelous material was printed or first published.
A: Crime committed is Light Threats. It is a form
of Blackmailing which constitutes light threats.
ART. 357 PROHIBITED PUBLICATION OF ACTS
REFERRED TO IN THE COURSE OF OFFICIAL
PROCEEDINGS
Q: If you will not give me P100,000, I will publish on the
magazine, on the newspaper, your love letters to the said The penalty of arresto mayor or a fine of from 20 to 2,000
man who is not your husband. What crime is committed? pesos, or both, shall be imposed upon any reporter, editor or

manager or a newspaper, daily or magazine, who shall There was a drunk man who passed by the house
publish facts connected with the private life of another and of a political candidate. Their families are enemies. A told to
offensive to the honor, virtue and reputation of said person, the family of B, putang ina mo B, magnanakaw ka sa
even though said publication be made in connection with or bayan. So because of this, B filed a case of oral defamation
under the pretext that it is necessary in the narration of any or slander.
judicial or administrative proceedings wherein such facts
The Supreme Court said that phrase is not
have been mentioned.
considered as a defamatory statement. It is a mere
expression on the part of the Filipino People. The crime
committed by the offender is only SIMPLE ORAL
ART. 358 SLANDER
DEFAMATION or SIMPLE SLANDER, not grave. Although
Oral defamation shall be punished by arresto mayor in its the offended party is running for a political position. The
maximum period to prision correccional in its minimum Court has taken into consideration the antecedent facts of
period if it is of a serious and insulting nature; otherwise the the case, their families are enemies of each other.
penalty shall be arresto menor or a fine not exceeding 200
ART. 359 SLANDER BY DEED
pesos.
The penalty of arresto mayor in its maximum period to
ORAL DEFAMATION/SLANDER
prision correccional in its minimum period or a fine ranging
1. Grave Slander- when serious and insulting in from 200 to 1,000 pesos shall be imposed upon any person
nature. who shall perform any act not included and punished in this
2. Simple Slander title, which shall cast dishonor, discredit or contempt upon
Factors to consider whether serious or insulting in another person. If said act is not of a serious nature, the
nature: penalty shall be arresto menor or a fine not exceeding 200
pesos.
- there are no concrete parameters in order to determine
whether the said defamatory statement is serious or SLANDER BY DEED refers to the commission of acts, it
insulting in nature. You have to take into consideration does not refer to the use of words, with the intent to blemish
not only the grammar and meaning sense of the the credit and reputation of another person.
statement, but also the: It can also be
a. Personal relations of the accused and the
a. serious, grave slander by deed serious and
offended party
insulting
b. Facts and Circumstances surrounding the
b. simple slander by deed.
case
c. Social standing and position of the
offended party.
The Supreme Court said that there are no concrete
parameters when you should consider it grave slander
by deed or simple slander by deed. It depends on the
All of which must be considered in order to determine
sound discretion of the court.
whether it would constitute Grave Slander or Simple
Slander
Q: What if A, intending to defame or slander a priest, slapped
the priest in front of his ___
Q: Calling a public officer a magnanakaw without any
evidence. A: Crime committed is SERIOUS SLANDER BY
DEED because of the reputation, the status in life of
A: It would constitute criminal case of Slander
the said person.
Q: What about the phrase of Putang ina mo? Is it considered

as a slanderous remark?
BUATIS v. PEOPLE
A: In the case of Pader vs. People, PUTANG INA MO
is not a slanderous remark. It is merely an expression An open letter was addressed to the Atty. Pieraz which
of the Filipino People. When a Filipino is sad, happy, contained Libelous statements such as Satan, senile, stupid
angry or surprised, he says this word. and according to the offender, the offended party uses
carabao English and ended the letter in Satans name. This
letter was read by the wife of the offended party. It came to
PADER v. PEOPLE the knowledge of not only the wife but also the children.

Issue: would you consider the wife as a 3rd person, a public, office in the City of Manila, the action shall be filed in the
in so far as libel is concerned? Court of First Instance of the province or city where he held
office at the time of the commission of the offense or where
SC: The wife is still considered as a third person.
the libelous article is printed and first published and in case
For an imputation to be libelous, the following requisites one of the offended parties is a private individual, the action
must concur: shall be filed in the Court of First Instance of the province or
1. It must be defamatory city where he actually resides at the time of the commission
2. it must be malicious of the offense or where the libelous matter is printed and first
3. It must be given publicly published:
4. The victim must be identifiable Provided, further, That the civil action shall be filed in the
DEFAMATORY The latter contained libelous remarks same court where the criminal action is filed and vice versa:
such us satan, senile, stupid, and English carabao Provided, furthermore, That the court where the criminal
action or civil action for damages is first filed, shall acquire
MALICIOUS every defamatory imputation is presumed to jurisdiction to the exclusion of other courts: And, provided,
be malicious, even if it be true, if NO GOOD INTENTIOON finally, That this amendment shall not apply to cases of
or JUSTIFIABLE MOTIVE for making it is shown written defamations, the civil and/or criminal actions which
PUBLICLY publication means the making the defamatory have been filed in court at the time of the effectivity of this
matter, after it is written, known to someone other than the law.
person against whom it has been written. It is enough that
the author of the libel has communicated it to a third person.
Preliminary investigation of criminal action for written
- In addition, the open letter was found in a mailbox, open defamations as provided for in the chapter shall be
to the public. conducted by the provincial or city fiscal of the province or
city, or by the municipal court of the city or capital of the
province where such action may be instituted in accordance
IDENTIFIABLE The libelous letter was addressed to the
with the provisions of this article.
respondent himself.
No criminal action for defamation which consists in the
imputation of a crime which cannot be prosecuted de oficio
Section two: General Provisions shall be brought except at the instance of and upon
[not discussed] complaint expressly filed by the offended party. (As
amended by R.A. 1289, approved June 15, 1955, R.A. 4363,
ART. 360 PERSONS RESPONSIBLE. approved June 19, 1965).
Any person who shall publish, exhibit, or cause the
publication or exhibition of any defamation in writing or by
similar means, shall be responsible for the same. ART. 361 PROOF OF THE TRUTH
The author or editor of a book or pamphlet, or the editor or In every criminal prosecution for libel, the truth may be given
business manager of a daily newspaper, magazine or serial in evidence to the court and if it appears that the matter
publication, shall be responsible for the defamations charged as libelous is true, and, moreover, that it was
contained therein to the same extent as if he were the author published with good motives and for justifiable ends, the
thereof. defendants shall be acquitted.
Proof of the truth of an imputation of an act or omission not
constituting a crime shall not be admitted, unless the
The criminal and civil action for damages in cases of written imputation shall have been made against Government
defamations as provided for in this chapter, shall be filed employees with respect to facts related to the discharge of
simultaneously or separately with the court of first instance their official duties.
of the province or city where the libelous article is printed and
first published or where any of the offended parties actually In such cases if the defendant proves the truth of the
resides at the time of the commission of the offense: imputation made by him, he shall be acquitted.
Provided, however, That where one of the offended parties
is a public officer whose office is in the City of Manila at the
ART. 362 LIBELOUS REMARKS.
time of the commission of the offense, the action shall be
filed in the Court of First Instance of the City of Manila, or of Libelous remarks or comments connected with the matter
the city or province where the libelous article is printed and privileged under the provisions of Article 354, if made with
first published, and in case such public officer does not hold

malice, shall not exempt the author thereof nor the editor or
managing editor of a newspaper from criminal liability.
Q: What if a police officer was mad at X, and so what he did
was, while X was sitting, he deliberately planted an
unlicensed firearm inside the bag of X and thereafter
CHAPTER TWO INCRIMINATORY MACHINATIONS
arrested X, what crime is committed by the said police
ART. 363 INCRIMINATING INNOCENT PERSON officer?
Any person who, by any act not constituting perjury, shall A: He committed unlawful arrest. He arrested X
directly incriminate or impute to an innocent person the without any justifiable reason thereof. He
commission of a crime, shall be punished by arresto menor. incriminates upon the innocent person the
commission of the crime which is illegal possession
of unlicensed firearm. So here, unlawful arrest was
Act commited by any person, directly incriminating or committed by incriminating innocent persons.
imputes to an innocent person the commission of the UNLAWFUL ARREST THROUGH
crime outside perjury INCRIMINATING INNOCENT PERSONS. It is a
It is necessary that it must not be made on an affidavit, complex crime under Art. 48 of Book I because the
because if it is through an affidavit, it will be perjury. incriminating of innocent persons is a necessary
EXCEPTIONS: means to commit unlawful arrest.
o perjury (sworn affidavit), or
o sec 29 of RA 9165 (Planting of evidence)
ART. 364. INTRIGUING AGAINST HONOR
Q: A in his counter-affidavit, in his sworn statement, imputed The penalty of arresto menor or fine not exceeding 200
upon A the commission of the crime of theft, what crime is pesos shall be imposed for any intrigue which has for its
committed? principal purpose to blemish the honor or reputation of a
person.
A: PERJURY. It is a sworn statement under oath
before a public officer. This refers to any intrigue which has for its purpose
to cause blemish or dishonor on the reputation of any
person
Q: What if a Magic ballpen was lost in a party. A took the It refers to any scheme or plot which is designed to
magic ballpen of B, and then surreptitiously entered it inside blemish or dishonor the reputation of any person
the bag of C. And so when everybody was looking for it, it Common Example:
was found in the bag of C. However, someone saw A did the
act. What crime if any is committed by A? Isang chismis na hindi alam kung saan
nagsimula
A: A IS LIABLE FOR INCRIMINATING INNOCENT
PERSONS. Incriminating innocent persons is about o It is an intrigue which spread a negative
PLANTING OF EVIDENCE in order to impute, rumor, you dont even know where it
incriminate another person the commission of the started. It is a plot, a scheme in order to
crime. detain or blemish the reputation of
another person
Crime committed is INTRIGUING AGAINST HONOR.
Q: A and B are neighbors, A is mad at B, and deliberately
bumped B and in course thereof, he inserted a plastic sachet
of shabu in the pocket of B and then he told the police that
B has a shabu inside his pocket. What crime if any is
committed by A?
A: Crime committed is Sec. 29 of R.A. 9165,
planting of evidence. If what has been planted is any
dangerous drugs, the crime committed is particular,
Sec. 29 of R.A. 9165, because the special penal law
specifically punishes the planting of dangerous drugs.
If it is any other thing, a necklace was lost and A
planted it inside the bag of B, the crime committed is
incriminating innocent persons.

TITLE FOURTEEN occupation, degree of intelligence, physical condition and

other circumstances regarding persons, time and place.
QUASI-OFFENSES
Simple imprudence consists in the lack of precaution
Sole Chapter CRIMINAL NEGLIGENCE
displayed in those cases in which the damage impending to
Art. 365 IMPRUDENCE AND NEGLIGENCE be caused is not immediate nor the danger clearly manifest.
Any person who, by reckless imprudence, shall commit The penalty next higher in degree to those provided for in
any act which, had it been intentional, would constitute a this article shall be imposed upon the offender who fails to
grave felony, shall suffer the penalty of arresto mayor in its lend on the spot to the injured parties such help as may be
maximum period to prision correccional in its medium period; in this hand to give. (As amended by R.A. 1790, approved
if it would have constituted a less grave felony, the penalty June 21, 1957).
of arresto mayor in its minimum and medium periods shall
be imposed; if it would have constituted a light felony, the
penalty of arresto menor in its maximum period shall be IVLER v. HON MODESTO
imposed.
There was this vehicular accident and the husband, Ponce,
Any person who, by simple imprudence or negligence, died. The wife suffered only slight physical injuries. Two
shall commit an act which would otherwise constitute a grave charges were filed in the court: Reckless Imprudence
felony, shall suffer the penalty of arresto mayor in its medium Resulting to Slight Physical Injuries and Reckless
and maximum periods; if it would have constituted a less Imprudence Resulting to Homicide and Damage to Property.
serious felony, the penalty of arresto mayor in its minimum In the case of Reckless Imprudence Resulting to Slight
period shall be imposed. Physical, Jason Ivler immediately pleaded guilty to the crime
charged. The judgment became final and executory. During
When the execution of the act covered by this article shall
the arraignment of Reckless Imprudence Resulting to
have only resulted in damage to the property of another, the
Homicide and Damage to Property, the council of Jason Ivler
offender shall be punished by a fine ranging from an amount
filed a motion to quash claiming that he can no longer be
equal to the value of said damages to three times such
prosecuted for Reckless Imprudence Resulting to Homicide
value, but which shall in no case be less than twenty-five
and Damage to Property because he has already been
pesos.
convicted of Reckless Imprudence Resulting to Slight
A fine not exceeding two hundred pesos and censure shall Physical Injuries. He cannot be prosecuted based on the
be imposed upon any person who, by simple imprudence or same offense otherwise; the accused will be placed in
negligence, shall cause some wrong which, if done double jeopardy. This was denied so it went up to the SC by
maliciously, would have constituted a light felony. a petition for certiorari. The SC said, Jason Ivler and his
In the imposition of these penalties, the court shall exercise counsel are correct. A person can no longer be prosecuted
their sound discretion, without regard to the rules prescribed for Reckless Imprudence Resulting to Homicide and
in Article sixty-four. Damage to Property after he is convicted of Reckless
Imprudence Resulting to Slight Physical Injuries. SC said,
The provisions contained in this article shall not be what is being punished is the reckless imprudence. Since
applicable: what is punished is reckless imprudence the damage to
1. When the penalty provided for the offense is equal property and slight physical injuries or homicide are only
to or lower than those provided in the first two resulting felonies. Since they are only resulting felonies,
paragraphs of this article, in which case the court since the crime being punished is the imprudence or
shall impose the penalty next lower in degree than negligence, one can no longer be prosecuted or convicted
that which should be imposed in the period which after he has already been convicted and prosecuted of the
they may deem proper to apply. same offense. Reckless imprudence and simple negligence
are crimes by themselves. THEY ARE QUASI-OFFENSES.
2. When, by imprudence or negligence and with
Therefore, to prosecute a person after he has been
violation of the Automobile Law, to death of a person
convicted of simple negligence, will result to double
shall be caused, in which case the defendant shall
jeopardy.
be punished by prision correccional in its medium
and maximum periods.
Reckless imprudence consists in voluntary, but without Take note of the case of Ivler v. Hon Modesto.
malice, doing or falling to do an act from which material Reckless imprudence or negligence is the crime itself.
damage results by reason of inexcusable lack of precaution Hence, once committed or acquitted of a specific act of
on the part of the person performing of failing to perform reckless imprudence, the accused may not be prosecuted
such act, taking into consideration his employment or 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.
1st case: reckless imprudence resulting to slight physical
injuries
2nd case: reckless imprudence resulting to homicide and
damage to property
One quasi-offense cannot give rise to another
quasi-offense.
Note simple negligence is not a means to commit a
crime. They are crimes by themselves.
Q: What if A was driving his car and he collided with another

car. As a result thereof, lets say that a person died and 4
persons suffered serious physical injuries, they have
wounds but they survived. And 1 person suffered slight
physical injuries. What is/are the crime committed by A?
A: The offender is liable for RECKLESS
IMPRUDENCE RESULTING TO HOMICIDE AND
MULTIPLE PHYSICAL INJURIES BUT NOT
SLIGHT PHYSICAL INJURY. There should be
another charge for RECKLESS IMPRUDENCE
RESULTING TO SLIGHT PHYSICAL INJURIES.
You cannot complex slight physical injury in the first
crime because it is only a light felony. And its
complexity is prohibited under Art.48. But in reality,
you no longer file a case of reckless imprudence
resulting to slight physical injury because the
moment the offender is convicted, patay na yung
first case. Because there will already be double
jeopardy. In reckless imprudence and simple
negligence what is being punished is the
imprudence and negligence thats why the
appropriate name is reckless imprudence resulting
to homicide, simple negligence causing damage to
property, simple negligence resulting to homicide Joshua 1:9
not homicide through reckless imprudence
because what is being punished is the imprudence Have I not commanded you? Be strong and courageous. Do
and negligence. Homicide and damage to property not be afraid; do not be discouraged, for the LORD your God
are merely results of the said imprudence or will be with you wherever you go.
negligence.
GOD BLESS!
Remember also that under Art 265 that if the result of
imprudence or negligence is only damage to property
the penalty shall only be fine. There is no penalty of
imprisonment.

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CRIMINAL LAW REVIEW

By: Dizon | Manalo | Navarez | Shyu | Tubio

TITLE ONE cannot be considered as enemies

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That is why these two ILLUSTRATION:

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competent authority (the President) issued a

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ARTICLE122 MUTINY A: They are liable of PIRACY UNDER ARTICLE

Q: While a vessel is on Philippine waters, here comes a

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ILLUSTRATION: 1. whenever the offenders have

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a. By firing upon the pilot or the

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Q: But what if in the same problem, while X was waiting for

Q: So let us say that X was charged with terrorism based on

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TITLE TWO In order to amount arbitrary detention

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known as HOT PURSUIT Justice and not under the Supreme

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VIOLATION OF DOMICILE (ARTICLE 128, 129, 130) entering.

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Q: What if the third punishable act under Art. 129 amounting

What if a search warrant is issued against X, the police

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ARTICLE130 SEARCHING DOMICILE WITHOUT ARTICLE131 PROHIBITION, INTERRUPTION AND

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the PICC is not a place devoted for religious TITLE THREE

THE LEADERS - Any person who

THE PARTICIPANTS Any person who

ARTICLE134-A COUP DETAT

Committed by any person or persons belonging to the

The essence of COUP DETAT is a swift attack

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GONZALES v ABAYA 3. by means of speeches, proclamations, writings,

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REBELLION SEDITION firearm shall be absorbed in the crime of rebellion,

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PEOPLE VS. LADJAALAM of violation of COMELEC gun ban, he should be acquitted of

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necessary that they must at least perform an overt

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of laying of hands in the person charged with the

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injuries or less serious

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Commissions, its committees, subcommittees it either to the Ombudsman or to the DOJ.

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