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Criminal Law II Reviewer

Crime Elements Penalty Important Points to Remember

114 1. Offender is a Filipino citizen or an Filipino Citizen 1. Treason cannot be committed in time of peace
Treason alien residing in the Philippines RP to death 2. In treason by levying war, it is not necessary that
2. There is war in which the and a fine not there be a formal declaration of the existence of a
Philippines is involved to exceed state of war
3. Offender either: P100,000 3. The war must be directed against government
a. levies war against the 4. The purpose of levying war is to deliver the country in
government Alien RT to whole or in part to the enemy; must be in
i. that there be an actual death and a collaboration with foreign enemy
assembling of men, fine not to 5. The aid or comfort given to the enemies must be after
ii. for the purpose of exceed the declaration of war; the enemies must be the
executing a P100,000 subject of foreign power
treasonable design 6. No treason thru negligence
by force No complex 7. When common crimes are charged as overt acts of
b. or adheres to the enemies, crime of treason, they cannot be regarded as separate crimes
giving them aid or comfort treason with or as complexed by treason.
murder, 8. Treason by Filipino citizen may be committed outside
Treason branch of allegiance to a physical the Philippines
government, committed by a person who injuries 9. Treason is a continuous offense
owes allegiance to it 10. Treason cannot be proved by circumstantial evidence
Aggravating or extrajudicial confession of accused
Allegiance obligation of fidelity and Circumstance 11. Two witness rule is severely restrictive
obedience which the individuals owe to s: cruelty, 12. Sufficient that witnesses are uniform in their testimony
the government under which they live or ignominy on the overt act; it is not necessary that there be
to their sovereign, in return for the corroboration between them on the point they testified
protection they receive; either permanent Art. 64 not 13. Adherence may be proved by one witness, or from
or temporary strictly applied the nature of the act itself, or from the circumstances
to treason surrounding the act
Adherence to Enemy intent to betray; 14. Defense of suspended allegiance and change of
when a citizen intellectually or Gravity of sovereignty is not accepted
emotionally favors the enemy and seriousness of 15. Defense of obedience to de facto Government is
harbors sympathies or convictions acts of acceptable
disloyal to his countrys policy or treason are 16. Defense of duress or uncontrollable fear is acceptable
interests] considered

Aid or Comfort an act which


strengthens or tends to strengthen the
enemy in the conduct of war against the
traitors country and an act which
weakens or tends to weaken the power
of the traitors country to resist or to
attack the enemy

Ways of Proving Treason:


1. Testimony of 2 witnesses, at least,
to the same overt act; or
2. Confession of the accused in open
court
3.

115 1. Conspiracy to Commit Treason PM and a fine The two witness rule does NOT apply to this article
Conspiracy not exceeding
and P10,000
Proposal to 2. Proposal to Commit Treason PC and a fine
Commit not exceeding
Treason P5,000
116 1. Offender must be owing allegiance Accessory to 1. Conspiracy is one to commit treason
Misprision to the government and not a the crime of 2. Article 116 is an exception to the rule that mere
of Treason foreigner treason silence does not make a person criminally liable
2. He has knowledge of any
conspiracy to commit treason
against the government
3. He conceals or does not disclose
and make known the same as soon
as possible to governor or fiscal of
province or the mayor or fiscal of
the city in which he resides
117 1. By entering, without authority PC 1. Espionage gathering, transmitting, or losing
Espionage therefore, a warship, fort or naval or Penalty next information respecting the national defense with intent
military establishment or reservation higher in or reason to believe that the information is to be used
to obtain any information, plans, degree shall to the injury of the RP or to the advantage of any
photographs or other data of a be imposed if foreign nation
confidential nature relative to the the offender 2. To be liable under paragraph 1, the offender must
defense of the Philippines be a public have the intention to obtain information relative to the
a. Offender enters any of the officer or defense of RP
places mentioned therein employee. 3. It is not necessary that the information is obtained
b. He has no authority therefore 4. Espionage distinguished from treason:
c. His purpose is to obtain info, a. Both are crimes not conditioned on citizenship
plans, etc. of a confidential b. Espionage may be committed in many ways,
nature relative to defense of both in time of peace or war; Treason 2 ways
RP of committing; and only in time of war
2. By disclosing to the representative
of a foreign nation the contents of
the articles, data, or information
referred to in Par. No. 1 which he
had in his possession by reason of
the public office he holds
a. Offender is a public officer
b. He has in his possession the
articles, etc. by reason of the
public office he holds
c. He discloses their contents to
a representative of a foreign
nation
118 1. Offender performs unlawful or RT if public 1. The intention of offender is immaterial
Inciting to unauthorized acts officer or 2. Committed in time of peace
War or 2. Such acts provoke or give occasion employee
Giving for a war involving or liable to PM if private
Motives involve the Philippines or expose individual
Filipino citizens to reprisals on their
persons or property
119 1. There is a war which the Philippines PC 1. Neutrality a nation or power which takes no part in a
Violation of is not involved contest of arms going on between others is referred to
Neutrality 2. There is a regulation issued by as neutral
competent authority for the purpose 2. There must be regulation issued by competent
of enforcing neutrality authority for enforcement of neutrality
3. Offender violates such regulation
120 1. It is in time of war in which the PC 1. Correspondence communicating by means of
Correspond Philippines is involved letters; or it may refer to the letters which pass
ence with 2. Offender makes correspondence between those who have friendly or business
Hostile with an enemy country or territory relations
Country that is occupied by enemy troops 2. Even if correspondence contains innocent matters, if
3. The correspondence is either such has been prohibited by the government, it is
a. Prohibited by the government punishable
b. Carried in ciphers or PM 3. Prohibition by the government is not essential in
conventional signs paragraphs 1 and 2
c. Containing notice or RT if info may 4. Qualifying circumstances that must concur together:
information which might be be useful to a. The notice or information might be useful to the
useful to the enemy enemy enemy
RT to death if b. The offender intended to aid the enemy
intention was
to aid the
enemy
121 1. There is a war which the Philippines Arresto Mayor 1. An alien resident may be guilty of flight to enemy
Flight to is involved country
Enemys 2. Offender must be owing allegiance 2. Mere attempt to flee or go to enemy country
Country to the government consummates crime
3. Offender attempts to flee or go to 3. Article 121 must be implemented by the Government
enemy country
4. Going to enemy country is
prohibited by competent authority
122 1. Vessel is on the high seas or in RP 1. High Seas any waters on the sea coast which are
Piracy in Philippine waters Same penalty without the boundaries of low-water mark, although
General and 2. Offenders are not members of its shall be such waters may be in the jurisdictional limits of a
Mutiny on complement or passengers of the inflicted in foreign government
the High vessel case of mutiny 2. Piracy Distinguished From Robbery in High Seas
Seas or in 3. Offenders either on the high a. In piracy offender is an outsider; in robbery,
Philippine a. attack or seize the vessel seas or in offender is member of crew or passenger
Waters b. seize the whole or part of the Philippine b. In both, there is intent to gain and manner of
cargo of said vessel, its waters committing the crime is the same
equipment, or personal 3. Piracy Distinguished from Mutiny
belongings of its complement a. In piracy, the offenders are strangers; in mutiny,
or passengers they are members of the crew or passengers
b. In piracy, intent to gain is essential; in mutiny,
Piracy robbery or forcible depredation the intention may be to ignore ships officers or
on the high seas, without lawful authority to commit plunder
and done with animo furandi and in the
spirit and intention of universal hostility

Mutiny unlawful resistance to a


superior officer, or the raising of
commotions and disturbances on board
a ship against the authority of the
commander

123 Qualifying Circumstances: Special 1. Any person who aids or protects pirates or abets the
Qualified 1. Seized vessel by boarding or firing complex crime commission of piracy shall be considered as an
Piracy upon the same; or punishable by accomplice
2. Pirates have abandoned their RP to Death 2. R.A. 6235 An Act Punishing Certain Acts Inimical to
victims without means of saving regardless of Civil Aviation
themselves; or number of
3. Crime is accompanied by murder, victims
homicide, physical injuries or rape
124 1. Offender is a public officer or Not exceeded 1. Legal Grounds for Detention of Prisoner:
Arbitrary employee 3 days A a. the commission of a crime
Detention 2. He detains a person Mayor in b. violent insanity or o the ailment requiring the
3. Detention is without legal grounds maximum to compulsory confinement of the patient in a
PC in hospital
Detention when a person is placed in minimum 2. Arrest without warrant is the usual cause of arbitrary
confinement or there is a restraint on his More than 3 detention
person less than 15 3. Arrest Without Warrant, When Lawful (Sec. 5 Rule
days PC in 113)
Detention is without legal grounds: medium and - Personal knowledge is required
1. When he has not committed any maximum - A crime must in fact or actually have been
crime or, at least, there is no More than 15 committed
reasonable ground for suspicion not more than 4. There is no reasonable ground if officer only wants to
that he has committed a crime; or 6 months know the commission of crime
2. When he is not suffering from PM 5. There is arbitrary detention thru imprudence
violent insanity or any other ailment Exceeded 6
requiring compulsory confinement in mos. RT
a hospital
125 1. Offender is a public officer or Same as next 1. If the offender is a private person, the crime is illegal
Delay in employee preceding detention
Delivery of 2. He has detained a person for some article: 2. Detention must be for some legal ground
Detained legal ground Within 12 3. Article 125 does not apply when the arrest is by virtue
Person to 3. He fails to deliver such person to hours for light of a warrant of arrest but must be a lawful arrest
Proper the proper judicial authorities within: penalties 4. Delivery does not consist in a physical delivery, but in
Judicial a. 12 hours for offenses Within 18 making an accusation or charge or filing of an
Authorities punishable by light penalties or hours for information against person
their equivalent corrective 5. Duty of the detaining officer is deemed complied with
b. 18 hours for offenses penalties upon the filing of the complaint with the judicial
punishable by corrective Within 36 authority
penalties or their equivalent hours for 6. Provisions of Article 125 may be waived if person
c. 36 hours for offenses afflictive or asks for preliminary examination
punishable by afflictive or capital 7. Violation of Article 125 does not affect legality of
capital or their equivalent penalties confinement under process issued by a court
8. The illegality of the detention is not cured by the filing
Proper Judicial Authorities means the of the information in court
courts of justice or judges or said courts 9. Fiscal is not liable, unless he ordered detention
vested with judicial power to order the 10. Article 125 distinguished from Article 124 in Art.
temporary detention or confinement of a 124, the detention is illegal from the beginning; in Art.
person charged with having committed a 125, the detention is legal in the beginning but the
public offense illegality of the detention starts from the expiration of
any of the periods of time specified without person
Rights of Person Detained: detained having been delivered to proper judicial
1. He shall be informed of the cause of authority
his detention
2. He shall be allowed, upon his
request, to communicate and confer
at anytime with his attorney or
counsel

Circumstances considered in
determining liability of officer detaining a
person beyond legal period:
1. means of communication
2. hour of arrest
3. other circumstances (time, etc.)
126 1. That offender is a public officer or Same as Wardens and jailers are the public officers most likely to
Delaying employee Article 124 violate Article 126
Release 2. There is a judicial or executive order
for the release of a prisoner or
detention prisoner, or that there is a
proceeding upon a petition for the
liberation of such person
3. The offender without good reason
delays:
a. the service of the notice of
such order to the prisoner
b. the performance of such
judicial or executive order for
the release of the prisoner
c. the proceedings upon a
petition for the release of such
person
127 1. Offender is a public officer or PC Only the court by a final judgment can order a person to
Expulsion employee change his residence
2. He expels any person from the
Philippines or compels a person to
change his residence
3. The offender is not authorized to do
so by law
128 Acts Punished: PC in 1. A public officer or employee is authorized by judicial
Violation of 1. By entering any dwelling against the minimum order when he is armed with a search warrant duly
Domicile will of the owner thereof; or issued by the court
2. By searching papers or other effects PC in medium 2. Against the will of the owner presupposes opposition
found therein without the previous and maximum or prohibition by said owner, whether express or
consent of such owner; or if with implied; if it is only without the consent of the owner,
3. By refusing to leave the premises, Qualifying the crime is not committed
after having surreptitiously entered circumstances 3. Right of officer to break into building or enclosure
said dwelling and after having been of nighttime, (Sec 11 Rule 113, 1985 Rules on Criminal Procedure)
required to leave the same or if any 4. Circumstances Qualifying the Offense:
papers or a. If the offense is committed at nighttime; or
Elements Common to the Three Acts: effects not b. If any papers or effects not constituting evidence
1. Offender is a public officer or constituting of a crime are not returned immediately after the
employee evidence of a search was made
2. He is not authorized by judicial crime be not 5. Papers of other effects must be found in the dwelling
order to enter the dwelling and / or returned
to make a search therein for papers immediately
and other effects

129 Acts Punished: Liability 1. Personal Property to be Seized:


Search 1. By procuring a search warrant attaching to a. Subject of the offense; or
Warrants without just cause Offender for b. Stolen or embezzled and other proceeds or fruits
Maliciously a. Offender is a public officer or commission of of the offense; or
Obtained employee any other c. Used or intended to be used as the means of
and Abuse b. Procures a search warrant offense committing an offense
in Service of c. There is no just cause (perjury) and 2. Search warrant will not issue except upon probable
Those 2. By exceeding his authority or by A Mayor in cause
Legally using unnecessary severity in maximum to 3. Search warrant is valid for 10 days from its date
Obtained executing a search warrant legally PC in 4. The true test of lack of just cause is whether the
procured minimum and affidavit filed in support of the application for search
a. The offender is a public officer fine not warrant has been drawn in such a manner that perjury
or employee exceeding could be charged thereon and affiant be held liable for
b. He has legally procured a P1,000 damages caused
search warrant 5. Search and seizure without warrant as an incident to
c. He exceeds his authority or lawful arrest is legal
uses unnecessary severity in 6. Peace officers may enter house of an offender who
executing the same committed an offense in their presence
7. Search and seizure of vessels without a search
Search Warrant an order in writing warrant legal
issued in the name of the People of the
Philippines, signed by a judge and
directed to a peace officer, commanding
him to search for personal property
described therein and bring it before the
court
Probable Cause such reasons,
supported by facts and circumstances,
as will warrant a cautious man in the
belief that his action, and the means
taken in prosecuting it, are legally just
and proper
130 1. The offender is a public officer or A Mayor in 1. Search to go over or look thru for the purpose of
Searching employee medium and finding something; to examine
Domicile 2. He is armed with search warrant maximum 2. Distinguish Article 128 from Article 130 In violation
Without legally procured of domicile, the public officer has not authority to
Witnesses 3. He searches the domicile, papers or make a search warrant; in Article 130, public officer
other belongings of any person has a search warrant
4. The owner, or any member of his
family, or two witnesses residing in
the same locality are not present
131 1. Offender is a public officer or PC in 1. Private individual cannot commit this crime
Prohibition, employee minimum 2. Under paragraph 1, public officer must act without
Interruption, 2. He performs any of the following legal ground
and acts: 3. When the meeting to be held is not peaceful, there is
Dissolution a. Prohibiting or interrupting, legal ground for prohibiting it
of Peaceful without legal ground, the 4. The right to peaceably assemble is not absolute and
Meetings holding of a peaceful meeting, may be regulated
or by dissolving the same 5. The offender must be a stranger, not a participant, in
b. Hindering any person from the meeting
joining any lawful association
or from attending any of its
meetings
c. Prohibiting or hindering any
person from addressing, either
alone or together with others,
any petition to the authorities
for the correction of abuses or
redress of grievances
132 1. Offender is a public officer or PC in 1. Preventing a religious ceremony to take place
Interruption employee minimum punishable under this article
of Religious 2. Religious ceremonies or PC in medium 2. Reading a bible and then attacking certain churches
Worship manifestations of any religion are and maximum in a public plaza is not a ceremony of manifestation of
about to take place or are going on if committed religion, but only a meeting of a religious sect
3. Offender prevents or disturbs the with violence
same or threats
Qualifying Circumstance:
- if the crime is committed with
violence or threats
133 1. Acts complained of were performed: A Mayor in 1. It is not necessary that there is a religious ceremony
Offending a. In a place devoted to religious maximum to going on when the offender performs acts notoriously
the worship, or PC in offensive to the feelings of the faithful
Religious b. During the celebration of any minimum 2. There must be deliberate intent to hurt the feelings of
Feelings religious ceremony the faithful
2. The acts must be notoriously 3. Offense to feelings is judged from complainants point
offensive to the feelings of the of view
faithful

Religious Ceremonies religious acts


performed outside of a church, such as
processions and special prayers for
burying dead person
134 1. There be a public uprising and RP person 1. Rebellion or of inciting it is a crime of masses, of a
Rebellion or taking arms against the who multitude
Insurrection Government promotes, 2. Actual clash of arms with the forces of the
2. The purpose of the uprising or maintains or government, not necessary to convict the accused
movement is either: heads who is in conspiracy with others actually taking arms
a. to remove from the allegiance rebellion or against the government
to said government or its laws: insurrection 3. Purpose of the uprising must be shown
i. the territory of the 4. It is not necessary that the purpose be accomplished
Philippines or any RT person 5. Giving aid or comfort not criminal in rebellion
part thereof; or merely 6. Rebellion distinguished from Subversion rebellion is
ii. any body of land, naval or participating a crime against public order; Subversion like
other armed forces; or executing treason, against national security
or commands of 7. Mere silence or omission is not punishable in rebellion
b. To deprive the Chief Executive others 8. It is not a defense in rebellion that the accuse never
or Congress, wholly or took the oath of allegiance to, or that they never
partially, of any of their powers recognized the government
or prerogatives 9. Those who killed persons in pursuance of movement
to overthrow government are liable for rebellion only
Rebellion used where the object of the 10. There is no complex crime of rebellion with murder
movement is completely to overthrow and other common crimes (Hernandez ruling)
and supersede the existing government 11. Killing, robbing, etc for a private purpose or profit,
without any political motivation, would be separately
Insurrection used in reference to a punished and would not be absorbed in the rebellion
movement which seeks merely to effect
some change of minor importance, or to
prevent the exercise of governmental
authority with respect to particular
matters or subject

Rebellion distinguished from Treason:


1. Rebellion levying of war during
peace time for any of the purposes
mentioned; Treason performed in
aid of enemy during wartime
2. Rebellion always involves taking up
arms against government; Treason
may be committed by mere
adherence to the enemy, giving aid
or comfort

134-A 1. Offender is a person(s) belonging to RT in 1. Coup d etat may be committed with or without civilian
Coup detat the military or police or holding any maximum participation
public office or employment person in 2. Those liable for Rebellion, Insurrection and/or Coup d
2. It is committed by means of a swift government etat (Article 135)
attack accompanied by violence, service who a. Leaders
intimidation, threat, strategy or participates, i. any person who promotes, maintains, or
stealth or executes heads a rebellion or insurrection
3. The attack is directed against duly directions or ii. any person who leads, directs, or commands
constituted authorities of the commands of others to undertake a coup detat
Philippines, or any military camp or others in b. Participants
installation, communication undertaking a i. Any person who participates or executes the
networks, public utilities or other coup detat commands of others in rebellion or
facilities needed for the exercise PM in insurrection
and continued possession of power maximum ii. Any person in the government service who
4. The purpose of the attack is to seize person not in participates, or executes directions or
or diminish state power government commands of others in undertaking a coup
service who detat
Political Crimes Distinguished from participates, iii. Any person not in the government service who
Common Crimes or in any participates, supports, abets, or aids in
- Political crimes are those manner undertaking a coup detat
directly aimed against the supports,
political order, as well as such finances,
common crimes as may be abets or aids
committed to achieve a in undertaking
political purpose a coup detat
- The decisive factor is the intent
or motive
136 Conspiracy and Proposal to Commit PM in 1. Merely agreeing and deciding to rise publicly and take
Conspiracy Coup detat minimum and arms against the government for the purposes of
and fine not to rebellion or merely proposing the commission of said
Proposal to exceed acts is already subject to punishment
Commit P8,000 2. No conspiracy when there is no agreement and no
Coup detat, Conspiracy to Commit Rebellion or PC in decision to commit rebellion
Rebellion or Insurrection maximum and
Insurrection fine not to
exceed
P5,000
Proposal to Commit Rebellion or PC in medium
Insurrection and fine not to
exceed
P2,000
137 1. Offender is a public officer or PC in 1. The crime of disloyalty of public officers presupposes the
Disloyalty of employee minimum existence of rebellion by other persons
Public 2. Commits any of the following acts of 2. The offender under Article 137 must not be in conspiracy
Officers disloyalty: with the rebels
a. Failing to resist a rebellion by
all the means in their power;
b. Continuing to discharge the
duties of their offices under the
control of the rebels;
c. Accepting appointment to
office under them
138 1. Offender does not take arms or is PM in 1. Inciting to Rebellion Distinguished from Proposal
Inciting to not in open hostility against the minimum a. in both, the offender induces another to commit
Rebellion government rebellion
2. He incites others to the execution of b. in proposal, person who proposes has decided
any of the acts of rebellion to commit rebellion; in inciting, it is not required
3. The inciting is done by means of that offender has decided to commit rebellion
speeches, proclamations, writings, c. in proposal, person who proposes uses secret
emblems, banners or other motive; in inciting, the act is done publicly
representations tending to the same 2. Rebellion should not be committed
end
139 1. The offenders rise publicly and PM in 1. Sedition is the raising of commotions or disturbances
Sedition tumultuously minimum and in the state
2. They employ force, intimidation, or a fine not 2. Sedition Distinguished from Rebellion
other means outside of legal exceeding a. In both, there must be public uprising
methods P10,000 for b. In sedition, it is sufficient that public uprising
3. The offenders employ any of those the leader of is tumultuous; in rebellion, there must be
means to attain any of the following sedition taking up of arms against the government
objects: c. In sedition, the purpose of offenders may
a. To prevent the promulgation or PC in be political or social; in rebellion, it is
execution of any law or the maximum and always political
holding of any popular election a fine not 3. Sedition distinguished from treason treason is the
b. To prevent the National Govt, exceeding violation by a subject of allegiance to sovereign;
or any provincial or municipal P5,000 for sedition is the raising of commotions or disturbances
govt, or any public officer other persons in the State
thereof from freely exercising participating 4. Public uprising and an object of sedition must concur
its or his functions, or prevent therein 5. Common crimes are not absorbed in sedition
the execution of any
administrative order
c. To inflict any act of hate or
revenge upon the person or
property of any public officer or
employee
d. To commit, for any political or
social end, any act of hate or
revenge against private
persons or any social class;
and
e. To despoil, for any political or
social end, any person,
municipality or province, or the
national govt of all its property
or any part thereof
141 PC in medium 1. There must be an agreement and a decision to rise
Conspiracy and fine not to publicly and tumultuously to attain any of the objects
to Commit exceed of sedition
Sedition P2,000 2. There is no proposal to commit sedition
142 Different Acts Punished: PC in 1. Scurrilous low, vulgar, mean or foul
Inciting to 1. Inciting to Sedition to Accomplish maximum and 2. Uttering seditious words or speeches and writing,
Sedition any of its Objects: fine not to publishing or circulating scurrilous libels are
a. Offender does not take direct exceed punishable, when:
part in the crime of sedition P2,000 a. they tend to disturb or obstruct any lawful officer
b. He incites others to the in executing the functions of his office; or
accomplishment of any of the b. they tend to instigate others to cabal and meet
acts which constitute sedition together for unlawful purposes; or
c. The inciting is done by means c. they suggest or incite rebellious conspiracies or
of speeches, proclamation, riots; or
writings, emblems, cartoons, d. they lead or tend to stir up the people against the
banners, or other lawful authorities or to disturb the peace of the
representations tending to the community, the safety and order of the
same end government
2. Uttering seditious words or 3. Knowingly concealing such evil practices is treated
speeches which tend to disturb the and punished as that of the principal
public peace 4. Two rules relative to seditious words:
3. Writing, publishing or circulating a. Clear and Present Danger Rule
scurrilous libels against the b. Dangerous Tendency Rule
government or any of the duly
constituted authorities thereof,
which tend to disturb the public
peace
a. Offender does not take direct
part in the crime of sedition
b. Commits any of the following
acts of sedition either 2 or 3
143 1. There be a projected or actual PC or a fine Chief of police and mayor who prevented the meeting of
Acts meeting of Congress or any of its ranging from the municipal council are liable under Article 143, when the
Tending to committees or subcommittees, P200 to defect of the meeting is not manifest and requires an
Prevent the constitutional committees or P2,000 or investigation before its existence can be determined
Meeting of divisions thereof, or of any both
Congress provincial board or city or municipal
council or board
2. The offender who may be any
person prevents such meeting by
force or fraud
144 1. There be a meeting of Congress or A Mayor or a 1. The complaint for disturbance of proceedings may be
Disturbance any of its committees or fine of P200 to filed by a member of a legislative body
of subcommittees, constitutional P1,000 2. One who disturbs the proceedings of the congress my
Proceedings commissions or committees or also be punished for contempt
of Congress divisions thereof, or of any
and Similar provincial board or city or municipal
Bodies council or board
2. The offender does any of the
following acts:
a. He disturbs any of such
meetings
b. He behaves while in the
presence of any such bodies in
such a manner as to interrupt
its proceedings or to impair the
respect due it.
145 First Form PM 1. Parliamentary immunity does not protect members of
Violation of 1. The offender (any person) uses the Congress from responsibility before the legislative
Parliamentar force, intimidation, threats or fraud. body itself
y Immunity 2. The purpose of the offender is to 2. It is sufficient that the offender, in using force,
prevent any member of Congress intimidation, threats, or frauds, has the purpose to
from: prevent a member of Congress from exercising any of
a. Attending the meetings of his such prerogatives
Congress or any of its
committees, etc.; or
b. Expressing his opinion; or
c. Casting his vote
Second Form PC
1. Offender is a public officer or
employee
2. He arrests or searches any member
of Congress
3. Congress, at the time of arrest or
search, is in regular or special
session
4. The member arrested or searched
has not committed a crime
punishable under the Code by a
penalty higher than prision mayor
146 1. Any meeting attended by armed PC in 1. Persons present at the meeting must be armed in the
Illegal persons for the purpose of maximum to first form of illegal assembly
Assemblies committing any of the crimes PM in medium 2. But not all the persons present at the meeting of the
punishable under the code for 1st form of illegal assembly must be armed
a. there is a meeting, a gathering organizers or 3. The unarmed person merely present at the meeting of
or group of persons, whether leaders of any the 1st form of illegal assembly is liable
in a fixed place or moving meeting under 4. If any person present at the meeting carries an
b. that the meeting is attended by this article unlicensed firearm:
armed persons a. It is presumed that the purpose of the meeting
c. that the purpose of the A Mayor insofar as he is concerned, is to commit acts
meeting is to commit any of unarmed punishable under the Code; and
the crimes punishable under persons b. He is considered a leader or organizer of the
the code merely meeting
2. Any meeting in which the audience, present 5. Meeting includes a gathering or group, whether in a
whether armed or not, is incited to fixed place or moving
the commission of treason, rebellion PC armed
or insurrection, sedition, or assault persons
upon a person in authority or his merely
agents present
a. there is a meeting, a gathering
or group of persons, whether
in a fixed place or moving
b. the audience, whether armed
or not, is incited to the
commission of the crime of
treason, rebellion or
insurrection, sedition or direct
assault

Persons liable for illegal Assembly:


1. Organizers or leaders of the
meeting
2. Persons merely present at the
meeting
147 Illegal Associations: PC in Illegal Association distinguished from Illegal Assembly
Illegal 1. Associations totally or partially minimum and 1. In Illegal Association, it is not necessary that there be
Association organized for the purpose of medium and a an actual meeting; In illegal Assembly, it is necessary
s committing any of the crimes fine not there is an actual meeting
punishable under the Code exceeding 2. In illegal associations, it is the act of forming or
2. Associations totally or partially P1,000 organizing and membership in association that are
organized for some purpose founders, punished; in Illegal Assembly, it is the meeting and
contrary to public morals directors, and attendance at such meeting that are punished
presidents 3. In illegal associations, the persons liable are the
Persons Liable for Illegal Association: A Mayor founders, directors and president and the members;
1. Founders, directors and president of mere In illegal assembly the person liable are the
the association members of organizers or leaders of the meeting, and persons
2. Mere members of the association said present at such meeting
association
148 Two Forms of Direct Assault and Their PC in medium 1. It does not seem that the offended party in the first
Direct Requisites: and maximum form of direct assault must be a person in authority or
Assaults 1. Without public uprising, by periods and a his agent
employing force or intimidation, for fine not 2. If the offended party is only an agent of a person in
the attainment of any of the exceeding authority, the force employed must be of SERIOUS
purposes enumerated in defining P1,000 character to be direct assault
the crimes of rebellion and sedition when the 3. The force employed NEED NOT be serious when the
a. the offender employs force or assault is offended party is a person in authority
intimidation committed 4. The intimidation or resistance must be serious
b. the aim of the offender is to with a weapon whether the offended party is an agent only or he is a
attain any of the purposes of or when the person in authority
the crime of rebellion or any of offender is a 5. The resist must be grave, therefore it must be active
the objects of crime of sedition public officer resistance
c. there is no public uprising or employee 6. Intimidation must produce its effects immediately
7. To determine whether a certain public officer is a
2. Without public uprising, by attacking PC in person in authority, the powers and duties vested in
or employing force or by seriously minimum him by law should be determined
intimidating or by seriously resisting period and a 8. The status of person in authority being a matter of
any person in authority or any of his fine not law, ignorance thereof is no excuse
agents, while engaged in the exceeding 9. Functions of the person in authority or his agent must
performance of official duties, or on P500 no be clearly shown in the information
the occasion of such performance circumstances 10. When a person in authority or their agents descended
present to mattes which are private in nature, an attack made
Simple Assault: by one against the other is not direct assault
a. the offender makes an attack, 11. Even if the agent of a person in authority agrees to
employs force, makes a fight, it still constitutes direct assault
serious intimidation, or makes 12. If a person in authority or his agent goes beyond the
a serious resistance scope of the respective powers of public officers, if
b. the person assaulted is a they are fixed, then they are considered NOT in the
person in authority or his agent performance of official duties
c. at the time of the assault the 13. Knowledge of the accused that the victim is a person
person in authority or his agent in authority or his agent is essential
is engaged in the actual 14. Defendant must have the intention to defy the
performance of official duties, authorities
or that he is assaulted by 15. If is not necessary that the person in authority who
reason of the past was assaulted was ACTUALLLY performing official
performance of official duties duties
d. the offender knows that the 16. Evidence of motive is important when the person
one he is assaulting is a attacked or seriously intimidated is NOT in the actual
person in authority or his agent performance of his official duty
in the exercise of his duties 17. Where in the commission of direct assault, serious or
e. there is no public uprising less serious physical injuries are also inflicted, the
offender is guilty of the complex crime of direct
Qualified Assault assault with serious or less serious physical injuries
a. when the assault is committed 18. the crime of slight physical injuries is absorbed in
with a weapon direct assault
b. when the offender is a public
officer or employee
c. when the offender lays hands
upon a person in authority

Person in Authority any person directly


vested with jurisdiction, whether as an
individual or as a member of some court
or governmental corporation, board or
commission, shall be deemed a person
in authority

Agent of Person in Authority one who,


by direct provision of law, or by election
or by appointment by competent
authority, is charged with the
maintenance of public order and the
protection and security of life and
property, such as a barrio vice-
lieutenant, barrio councilman and barrio
policeman, and any person who comes
to the aid of persons in authority

To be an agent of a person of authority,


one must be charged with:
1. maintenance of public order; and
2. protection and security of life and
property

Distinguish Direct Assault from Ordinary


Assault:
a. Direct assault are crimes
against public order; ordinary
assaults are crimes against
persons
b. Direct assaults are triable by
the Court of First Instance
149 1. A person in authority or his agent is PC in 1. Indirect assault can be committed only when a direct
Indirect the victim of any of the forms of minimum and assault is also committed
Assaults direct assault defined in Article 148 medium 2. The offended party in indirect assault may be a
2. A person comes to the aid of such periods and a private person
authority or his agent fine not
3. The offender makes use of force or exceeding
intimidation upon such person P500
coming to the aid of the authority or
his agent
150 Acts Punishable: A Mayor or a 1. Article 150 applies only to disobedience WITHOUT
Disobedienc 1. By refusing, without legal excuse, to fine ranging legal excuse
e to obey summons of Congress, its from P200 to 2. Any of the acts punished by Article 150 may also
Summons special or standing committees and P1,000 any constitute contempt of Congress
Issued by subcommittees or divisions, or by person who 3. The court may take any action not amounting to a
Congress, any commission or committee having been release of a prisoner of Congress
its chairman or member authorized to summoned 4. The power of inquiry, with process to enforce it, is an
Committees, summon witnesses essential and appropriate auxiliary to the legislative
etc. 2. By refusing to be sworn or placed Same penalty functions
under affirmation while being before any person
such legislative or constitutional who shall
body or official induce
3. By refusing to answer any legal disobedience
inquiry or to produce any books, to a summons
papers, documents, or records in or refusal to
his possession, when required by be sworn by
them to do so in the exercise of any such body
their functions
4. By restraining another from
attending as a witness in such
legislative or constitutional body
5. By inducing disobedience to a
summons or refusal to be sworn by
any such body or official
151 Resistance and Serious Disobedience A Mayor and a Paragraph 1:
Resistance (Par.1): fine not 1. The juridical conception of the crime of resistance and
and 1. A person in authority or his agent is exceeding disobedience to a person in authority or his agents
Disobedienc engaged in the performance of P500 any consists in a failure to comply with orders directly
e to a official duty or gives a lawful order person shall issued by the authorities in the exercise of their official
Person in to the offender resist or duties
Authority or 2. The offender resists or seriously seriously 2. The person in authority must be in the actual
Agents of disobeys such person in authority or disobey any performance of his official duties
Such his agent person in 3. The disobedience contemplated consists in the failure
Person 3. The act of the offender is not authority or refusal to obey a direct order from the authority or
included in the provisions of Articles his agent
148, 149, and 150 A Menor or a 4. The accused must have knowledge that the person
Simple Disobedience (Par. 2): fine ranging arresting him is a peace officer
1. An agent of a person in authority is from P10 to 5. There is justified resistance when the accused had no
engaged in the performance of P100 right to make the search
official duty or gives a lawful order disobedience
to the offender to an agent of Paragraph 2:
2. The offender disobeys such agent a person in 6. The order must be lawful
of a person in authority authority is not 7. If the disobedience to an agent of a person in
3. Such disobedience is not of a of a serious authority is of a serious nature, the offender should be
serious nature nature punished under par. 1 of Article 151
8. When the attack or employment of force is not
Direct Assault Distinguished from deliberate, the crime is only resistance or
Resistance or Serious Disobedience: disobedience
1. In direct assault, the person in
authority or his agent must be
engaged in performance of official
duties or that he is assaulted by
reason thereof, but in resistance,
the person in authority or his agent
must be in actual performance of
his duties
2. Direct assault (2nd form) is
committed in 4 ways; Resistance is
committed only by resisting or
seriously disobeying
3. In both, there is force employed, but
the force in resistance is not so
serious, as there is no manifest
intention to defy the law; in direct
assault it must be serious and
deliberate;
4. When the one resisted is a person
in authority, the use of any kind or
degree of force will give rise to
direct assault; if no force is
employed by the offender in
resisting or disobeying, the crime
committed is resistance
153 Tumults and Other Disturbances of A Mayor in 1. Serious disturbance must be planned or intended
Tumults and Public Order: medium to PC 2. If the act of disturbing or interrupting a meeting or
Other 1. Causing any serious disturbance in in minimum religious ceremony is not committed by public officers,
Disturbance a public place, office or and a fine not or if committed by public officers they are participants
s of Public establishment exceeding therein, Article 153 should be applied
Order 2. Interrupting or disturbing P1,000 3. Inciting to Sedition or Rebellion distinguished from
performances, functions or Penalty next Public Disorder It is necessary that offender should
gatherings, or peaceful meetings, if higher in have done the act with the idea aforethought of
the act is not included in Articles Degree inducing his hearers or readers to commit the crime of
131 and 132 person rebellion or sedition; if the outcry is more or less
3. Making any outcry tending to incite causing any unconscious outburst, which, although rebellious or
rebellion or sedition in any meeting, disturbance or seditious in nature, is not intentionally calculated to
association or public place interruption of induce others to commit rebellion or sedition, it is only
4. Displaying placards or emblems a tumultuous public disorder
which provoke a disturbance of character 4. One who fired a submachine gun to cause
public order in such place A Mayor disturbance, but inflicted serious physical injuries on
5. Burying with pomp the body of a person who another, may be prosecuted for 2 crimes
person who has been legally shall make
executed any outcry
tending to
Outcry to shout subversive or incite rebellion
provocative words tending to stir up the or sedition
people to obtain by means of force or A Menor and
violence any of the objects of rebellion or a fine not to
sedition exceed P200
bury with
Circumstances Qualifying the pomp the
Disturbance or Interruption body of a
- if tumultuous in character person legally
executed
Tumultuous the disturbance or
interruption shall be deem as such if
caused by more than three persons who
are armed or provided with means of
violence

154 Acts Punished as Unlawful Use of Means A Mayor and 1. It is not necessary that the publication of the false
Unlawful of Publication and Unlawful Utterances: fine ranging news actually cased public disorder or caused
Use of 1. Publishing or causing to be from P200 to damage to the interest or credit of the State; the mere
Means of published, by means of printing, P1,000 possibility of causing such danger or damage is
Publication lithography or any other means of sufficient
and publication, as news any false news 2. The offender must know that the news is false
Unlawful which may endanger the public 3. If there is no possibility of danger to the public order
Utterances order, or cause damage to the or of causing damage to the interest or credit of the
interest or credit of the State state by the publication of the false news
2. By encouraging disobedience to the
law r to the constituted authorities or
by praising, justifying or extolling
any act punished by law, by the
same means or by words,
utterances or speeches
3. By maliciously publishing or causing
to be published any official
resolution or document without
proper authority, or before they
have been published officially
4. By printing, publishing or distributing
(or causing the same) books,
pamphlets, periodicals, or leaflets
which do not bear the real printers
name, or which are classified as
anonymous
155 Acts Punished as Alarms and Scandals: A Menor or a 1. It is the result, not the intent that counts. The act
Alarms and fine not must produce alarm or danger as a consequence
Scandals 1. Discharging any firearm, rocket, exceeding 2. The discharge of the firearm should not be aimed at a
firecracker, or other explosive within P200 person, otherwise, the offense would fall under Article
any town or public place, calculated 254
to cause (which produces) alarm or 3. Article 155 does not make any distinction as to the
danger particular place in the town or public place where the
2. Instigating or taking an active part in discharge of firearm, rocket, etc. is effected
any charivari or other disorderly 4. The discharge of firecrackers or rockets during fiestas
meeting offensive to another or or festive occasion are not covered by this Article
prejudicial to public tranquility 5. Disturbance of serious nature falls under Article 153
3. Disturbing the public peace while 6. Charivari medley of discordant voices, a mock
wandering about at night or while serenade of discordant noises made on kettles, tins,
engaged in any other nocturnal horns, etc. designed to annoy and incite
amusements
4. Causing any disturbance or scandal
in public places while intoxicated or
otherwise, provided Article 153 is
not applicable
156 1. There is a person confined in a jail A Mayor in 1. Person may be under detention only or by final
Delivering or penal establishment maximum to judgment
Prisoners 2. The offender removes therefrom PC in 2. Hospital or asylum considered as an extension of jail
from Jail such person, or helps the escape of minimum or prison
such person any person 3. Offender is usually an outsider
who shall 4. The guard of the jail, who is off duty, may be held
remove from liable for delivering prisoner from jail
Qualifying Circumstance any jail any 5. Violence, intimidation or bribery is not necessary
- What constitutes the qualifying person 6. Employment of deceit is not an element of the offense
circumstance is the offenders confined 7. If the crime committed by the prisoner for which he is
act of employing bribery as a therein or confined or serving sentence is treason, murder or
means of removing or shall help parricide, the act of taking the place of the prisoner in
delivering the prisoner from escape of the prison is that of an accessory and he may be held
jail, and not the offenders act such person liable as such, because he assists in the escape of
of receiving or agreeing to by means of the principal
receive a bribe as a violence, 8. Prisoner is criminally liable for leaving the penal
consideration fro committing intimidation or institution only when there is evasion of a sentence
the offense bribery
Same
Penalties in
Minimum if
escape should
take place
outside of said
establishment
by taking
guards by
surprise
157 1. Offender is a convict by final PC in medium 1. The sentence must be by reason of final judgment
Evasion of judgment and maximum 2. This article is not applicable to sentence executed by
Service of 2. He is serving his sentence which escape deportation
Sentence consists in deprivation of liberty during term of 3. Escape flee from, to avoid, to get out of the way, as
3. He evades the service of the imprisonment to flee to avoid arrest
sentence by escaping during the PC in 4. Article 157 is applicable to sentence of destierro,
term of his sentence maximum if since it consists in a deprivation of liberty
it shall take 5. Unlawful entry scaling or climbing the wall
Qualifying Circumstances: with any of the
1. by means of unlawful entry (by qualifying
scaling); circumstances
2. by breaking doors, windows, gates, enumerated
walls, roofs or floors;
3. by using picklocks, false keys,
disguise, deceit, violence, or
intimidation; or
4. thru connivance with other convicts
or employees of penal institution
158 1. The offender is a convict by final Increase of 1. Offender must be a convict by final judgment
Evasion on judgment, who is confined in a 1/5 of time still 2. The convict must leave the penal institution
Occasion of penal institution remaining to 3. What is punished is not the leaving of the penal
Disorders 2. There is a disorder, resulting from: be served institution, but the failure of the convict to give himself
conflagration, earthquake, under the up to the authorities within 48 hours after the
explosion, similar catastrophe, or original proclamation announcing the passing away of the
mutiny in which he has not sentence, calamity
participated which in no 4. If offender fails to give himself up, he gets an
3. The offender evades the service of case shall increased penalty
his sentence by leaving the penal exceed six 5. If offender gives himself up he is entitle to a deduction
institution where he is confined, on months of 1/5th of his sentence
the occasion of such disorder or Deduction
during the mutiny provided in
4. The offender fails to give himself up Article 98 if
to the authorities within 48 hours convict shall
following the issuance of a give himself
proclamation by the chief executive up within 48
announcing the passing away of hours
such calamity

Mutiny organized unlawful resistance


to a superior officer; a sedition or revolt;
does not include a riot or if prisoners
disarmed the guards and escaped since
they are not their superior officers
159 1. Offender was a convict PC in 1. The court cannot require the convict to serve the
Violation of 2. He was granted a conditional minimum unexpired portion of his original sentence if it does not
Conditional pardon by the Chief Executive period if exceed 6 years
Pardon 3. He violated any of the conditions of penalty 2. Violation of conditional pardon is not a substantive
such pardon remitted does offense, because the penalty for such violation is the
not exceed 6 unexpired portion of the punishment in the original
Conditional Pardon a contract between years sentence
the Chief Executive, who grants the 3. Condition extends to special laws
pardon, and the convict, who accepts it Unexpired 4. Offender must be found guilty of subsequent offense
Portion of before he can be prosecuted under Article 159
Original 5. Offender can be arrested and re-incarcerated without
Sentence if trial
penalty 6. The period when convict was at liberty, not deducted
remitted is in case he is recommitted
higher than 6 7. Duration of the conditions subsequent is limited to the
years remaining period of the sentence
160 Quasi-Recidivism Besides the 1. Second crime must be a felony; but the first crime for
Commission 1. The offender was already convicted provisions of which the offender is serving sentence need not be a
of Another by final judgment of one offense Rule 5 Article felony (could be under a special law)
Crime 2. He committed a new felony before 62, Maximum 2. Quasi-Recidivism cannot be offset by ordinary
During beginning to serve such sentence or of penalty mitigating circumstances
Service of while serving the same prescribed by 3. A quasi-recidivist, who is not a habitual criminal, may
Penalty law for the be pardoned at the age of 70 years if he has already
Imposed for Quasi-Recidivism Distinguished from new felony served out his original sentence or when he shall
Another Reiteracion reiteracion requires that complete it after reaching said age
Previous the offender against who it is considered
Offense shall have served out his sentences for
the prior offenses

161 Acts Punished: RT 1. The offense is not falsification of public document


Forging the 1. Forging the Great Seal of the 2. The President has custody and use of the Great Seal
Seal of the Government of the Philippines 3. The signature of the President must be forged
Govt, 2. Forging the signature of the
Signature or president
Stamp of the 3. Forging the stamp of the president
Chief
Executive
162 1. That the Great Seal of the Republic P Mayor The offender under this article should not be the forger.
Using was counterfeited or the signature
Forged or stamp of the Chief Executive was
Signature or forged by another person
Counterfeit 2. The offender knew of the
Seal or counterfeiting or forgery
Stamp 3. He used the counterfeit seal or
forged signature or stamp
163 1. There be false or counterfeited PM in 1. A coin is false or counterfeited if it is forged or if it is
Making and coins minimum and not authorized by the government as legal tender,
Importing 2. The offender either made, imported medium and a regardless of its intrinsic value
and Uttering or uttered such coins fine not to 2. Former coins withdrawn from circulation may be
False Coins 3. That in case of uttering such false exceed counterfeited under Article 163
or counterfeited coins, he connived P10,000 3. Kinds of coins the Counterfeiting of which is
with the counterfeiters or importers silver coin of Punished:
Philippines or a. Silver coin of the Philippines or coin of the
Coin is a piece of metal stamped with coin of CB Central Bank of the Philippines
certain marks and made current at a PC in b. Coin of minor coinage of the Philippines or of the
certain value minimum and Central Bank of the Philippines
medium and a c. Coin of the currency of a foreign country
Counterfeiting means the imitation of a fine not to
legal or genuine coin; there must be an exceed
imitation of the peculiar design of a P2,000
genuine coin minor coinage
of the
Import means to bring them into port Philippines or
CB
Utter means to pass counterfeited PC in
coins; includes their delivery or act of minimum and
giving them away a fine not to
exceed
P1,000
currency of
foreign
country
164 Acts Punished: PC in 1. Mutilation means to take off part of the metal either
Mutilation of 1. Mutilating coins of the legal minimum and by filing it or substituting it for another metal of inferior
Coins currency, with further requirement a fine not to quality; to diminish by ingenuous means the metal in
that there be intent to damage or to exceed the coin
defraud another P2,000 2. The coin must be of legal tender in mutilation
2. Importing or uttering such mutilated 3. Coins of foreign country not included
coins, with the further requirement
that there must be connivance with
the mutilator or importer in case of
uttering
165 1. Possession of coin, counterfeited or Penalty lower1. Possession of or uttering false coin does not require that
Selling of mutilated by another person, with by one degree the counterfeited coin is legal tender
False or intent to utter the same, knowing than that 2. Constructive possession included
Mutilated that it is false or mutilated prescribed in3. Possession of counterfeiter or importer not punished as
Coins, a. Possession said articles separate offense
Without b. With intent to utter 4. Accused must have knowledge of the fact that the coin is
Connivance c. Knowledge false
2. Actually uttering such false or 5. Punishable even if the offender was not in connivance with
mutilated coins, knowing the same counterfeiter or mutilator
to be false and mutilated
a. Actually uttering
b. Knowledge
166 Acts Punishable: RT in 1. Uttering forged bill must be with connivance to
Forging 1. Forging or falsification of treasury or minimum and constitute a violation of Article 166
Treasury or bank notes or other documents fine not to 2. Notes and other obligations and securities that may
Bank Notes payable to bearer exceed be forged or falsified under Article 166:
or Other 2. Importation of such false or forged P10,000 a. Treasury or bank notes,
Documents obligations or notes obligation or b. Certificates
Payable to 3. Uttering of such false or forged security of c. Other obligations and securities, payable to
Bearer obligations or notes in connivance Philippines bearer
with the forgers or importers P Mayor in 3. A bank note, certificate or obligation and security is
maximum payable to bearer when it can be negotiated by mere
Forging committed by giving to a period and a delivery
treasury or bank note or any instrument fine not to 4. Penalties depend upon the kind of forged treasure or
payable to bearer or to order the exceed bank notes or other documents
appearance of a true and genuine P5,000 5. Forgery is Committed: (Article 169)
document; to forge an instrument is to circulating a. By giving to a treasury or bank note or any
make false instrument intended to be note issued by instrument payable to bearer or to order
passed for the genuine one any banking mentioned therein, the appearance of a true and
association genuine document
Falsification committed by erasing, duly b. By erasing, substituting, counterfeiting, or
substituting, counterfeiting, or altering by authorized by altering by any means the figures, letters, words,
any means, the figures, letters, words, or law or sign contained therein
signs contained therein P Mayor in
medium and a
Importation means to bring them into fine not to
the Philippines, which presupposes that exceed
the obligations or notes are forged or P5,000
falsified in a foreign country issued by
foreign govt
Uttering means offering obligations or P Mayor in
notes knowing them to be false or minimum and
forged, whether such offer is accepted or a fine not to
not, with a representation, by words or exceed
actions, that they are genuine and with P2,000
an intent to defraud circulating
note or bill
Obligation or Security all bonds, issued by
certificates of indebtedness, national foreign bank
bank notes, coupons, treasury notes, duly
fractional notes, certificates of deposits, authorized
bills, checks, drafts for money, and other therefore
representatives of value under any act of
Congress
167 1. There be an instrument payable to PC in medium 1. Application of this article is limited to instruments
Counterfeiti order or other document of credit and maximum payable to order
ng not payable to bearer and a fine not 2. It includes such instruments or document of credit
Instruments 2. The offender either forged, imported to exceed issued by a foreign government or bank
Not Payable or uttered such instrument P6,000 3. Connivance is not required in uttering if the utterer is
to Bearer 3. In case of uttering, he connived with the forger
the forger or importer
168 1. That any treasury or bank not or Penalty next 1. Intent to posses is not intent to use
Illegal certificate or other obligation and lower in 2. Possession of false treasury or bank notes alone is
Possession security payable to bearer, or any degree than not a criminal offense
and use of instrument payable to order or other that 3. Accused must have knowledge of forged character of
False document of credit not payable to prescribed in the note
Treasury or bearer is forged or falsified by said articles 4. A person in possession of falsified document and who
Bank Notes another person makes use of the same is presumed to be material
and Other 2. The offender knows that any of author of falsification
Instruments those instruments is forged or 5. It is not an impossible crime when the act performed
of Credit falsified would have been a crime of illegal possession of false
3. He performs any of these acts: treasury notes
a. using any of such forged or
falsified instruments
b. possessing with intent to use
any of such forged or falsified
instruments
170 1. That there be a bill, resolution or PC in 1. Bill, resolution or ordinance must be genuine
Falsification ordinance enacted or approved or maximum and 2. Offender is any person
of pending approval by either House of a fine not to 3. The act of falsification in legislative document is
Legislative the Legislature or any provincial exceed limited to altering it which changes its meaning
Documents board or municipal council P6,000
2. The offender alters the same
3. He has no proper authority
therefore
4. The alteration has changed the
meaning of the document
171 1. Offender is a public officer, P Mayor and a 1. In falsification by making alteration or intercalation or
Falsification employee or notary public fine not to including in a copy a different statement, there must
by Public 2. He takes advantage of his official exceed be a genuine document that is falsified; in other
Officer, position P5,000 first paragraphs, falsification may be committed by
Employee, a. He has duty to make or to paragraph simulating or fabricating a document
or Notary or prepare or otherwise intervene 2. Paragraph 1
Ecclesiastic in the preparation of the Same penalty a. Counterfeiting imitating any handwriting,
al Minister document; or signature or rubric
b. He has the official custody of ecclesiastical b. Feigning simulating a signature, handwriting or
the document which he minister rubric out of one which does not in fact exist
falsifies 3. Paragraph 2 when committed by a private
3. That he falsifies a document by individual, Article 172 should apply
committing any of the following acts: 4. Paragraph 4
a. counterfeiting or imitating a. There must be a narration of facts, not of
(feigning) any handwriting, conclusion of law
signature or rubric b. Legal Obligation there is a law requiring the
i. that there be an intent to disclosure of the truth of the facts narrated
imitate, or an attempt to c. Person making the narration of facts must be
imitate aware of the falsity of the facts narrated by him
ii. that the 2 signatures or d. Perversion of truth must be made with the
handwritings, the genuine wrongful intent of injuring 3rd person
and the forged, bear e. Wrongful intent not essential when the document
some resemblance to falsified is a public document
each other f. Good faith is a defense
b. causing it to appear that g. Falsification by omission is punishable
persons have participated in 5. Paragraph 5 Date must be essential
any act or proceeding when 6. Paragraph 7
they did not in fact so a. liability of private individual when there is
participate conspiracy same as public officer
i. the offender caused it to b. Intent to gain or prejudice not necessary
appear in a document
that a person(s)
participated in an act or
proceeding
ii. That such person(s) did
not in fact so participate
in the act or proceeding
c. Attributing to person who have
participated in an act or
proceeding statements other
than those in fact made by
them
i. that a person(s)
participated in an act or
proceeding
ii. that such person(s) made
statements in that act or
proceeding
iii. that the offender, in
making the document,
attributed to such
person(s) statements
other than those in fact
made by such person(s)
d. Making untruthful statements
in a narration of facts
i. that the offender makes in
a document statements in
a narration of facts
ii. that he has a legal
obligation to disclose the
truth of the facts narrated
by him
iii. that the facts narrated by
the offender are
absolutely false
e. Altering true dates
f. Making any alteration or
intercalation in a genuine
document which changes its
meaning
i. that there be an alteration
(change) or intercalation
(insertion) on a document
ii. that it was made a
genuine document
iii. that the alteration or
intercalation has changed
the meaning of the
document
iv. that the change made the
document speak
something false
g. Issuing in authenticated form a
document purporting to be a
copy of any original document
when no such original exists,
or including in such copy a
statement contrary to, or
different from that of the
genuine original
h. Intercalating any instrument or
note relative to the issuance
thereof in a protocol, registry
or official book.
4. In case the offender is an
ecclesiastical minister, the act of
falsification is committed with
respect to any record or document
of such character that its
falsification may affect the civil
status of persons
172 Acts Punished and Their Requisites: PC in medium Paragraph 1
Falsification and maximum 1. Four Kinds of Documents
by Private 1. Falsification of public, official or and a fine of a. Public Document created, executed or issued
Individuals commercial document by a private not more than by a public official in response to exigencies of
and use of individual P5,000 public service, or in execution of which a public
Falsified a. that the offender is a private official intervened
Documents individual or a public officer or b. Official Document issued by a public official in
employee who did not take exercise of the functions of his office
advantage of his official c. Private Documents deed or instrument
position executed by a private person without the
b. that he committed any of the intervention of notary public or other person
acts of falsification enumerated legally authorized, by which document some
in Article 171 disposition or agreement is proved, evidenced or
c. that the falsification was set forth
committed in a public or official d. Commercial Documents defined and regulated
or commercial document by the Code of Commerce or any other
commercial law
2. Falsification of private document by 2. Mere blank form of official document is not in itself a
any person document
a. that the offender committed 3. Possessor of a certificate of tile is presumed to be the
any of the acts of falsification, author of the falsification that made possible the
except those in paragraph 7, transfer of title
enumerated in Article 171 4. Possessor of falsified document is presumed to be
b. that the falsification was author of falsification
committed in any private 5. Good faith is a defense
document Paragraph 2
c. that the falsification caused 1. Mere falsification is not enough; requires:
damage to a third party or at a. he must have counterfeited the false document
least the falsification was b. he must have performed an independent act
committed with intent to cause which operates to prejudice 3rd person
such damage 2. Damage need not be material
3. not necessary that offender profited or hope to profit
3. Use of falsified document by falsification
Introducing in Judicial Proceeding: 4. Falsification may be a necessary means to commit
a. that the offender knew that a other crimes
document was falsified by a. no complex crime of estafa thru falsification of
another person private document
b. that the false document is b. no falsification thru reckless imprudence if
embraces in Article 171 or in document is private and no actual damage is
any subdivision no 1 or 2 or caused
Article 172 c. crime is falsification of public document, even if
c. that he introduced said falsification took place before the private
document in evidence in any document becomes part of public records
judicial proceeding Generally, falsification has no attempted or frustrated stage
Paragraph 3
Use in Any Other Transaction: 1. Damage not necessary in crime of introducing in
a. that the offender knew that a judicial proceedings; Intent to cause damage, at least,
document was falsified by is required in use of falsified document in proceeding
another person not judicial
b. that the false document is 2. User deemed author of falsification if
embraced in Article 171 or in a. the use was so closely connected in time with
any of subdivision no. 1 or 2 of falsification
Article 172 b. the user had the capacity of falsifying the
c. that he used such document document
(not in judicial proceedings)
d. that the use of the false
documents caused damage to
another or at least it was used
with intent to cause such
damage
173 Acts Punishable PC in medium 1. Private individual cannot be a principal by direct
Falsification 1. Uttering fictitious wireless, telegraph and maximum participation in falsification of telegraphic dispatches
of Wireless, or telephone message falsification 2. Private individual may be held liable as principal by
Cable, a. That the offender is an officer Penalty next inducement in falsification of telegraph dispatches or
Telegraph or employee of the lower in telephone messages
and government or of a private degree use
Telephone corporation, engaged in the of such
Messages service of sending or receiving falsified
wireless, cable or telephone dispatch
message
b. That the offender commits any
of the following acts:
i. uttering fictitious wireless,
cable, telegraph or
telephone message
ii. falsifying wireless, cable,
telegraph or telephone
message
2. Falsifying wireless, telegraph or
telephone message
* same as above
3. Using such falsified message
a. that the accused knew that
wireless, cable, telegraph, or
telephone message was
falsified by any of the person
specified in the 1st paragraph
of Article 173
b. that the accused used such
falsified dispatch
c. that the use of the falsified
dispatch resulted in the
prejudice of a 3rd party, or that
the use thereof was with intent
to cause such prejudice
174 Persons Liable: A Mayor in 1. Certificate any writing by which testimony is given
Falsification 1. Physician or Surgeon must refer Maximum to that a fact has or has not taken place
of Medical to illness or injury of a person; PC in 2. Falsification of certificate of large cattle is now
Certificates, called False Medical Certificate by minimum and covered by Article 171 or 172 and not 174
Certificates a Physician a fine not to
of Merit or 2. Public Officer includes merit,, exceed
Service service, good conduct or similar P1,000
circumstances; called False
Certificate of Merit or Service by a
Public Officer
3. Private Individual False Medical A Mayor
Certificate by a Private Individual or
False Certificate of Merit by a
Private Individual
175 1. That the physician or surgeon had A Menor
Using False issued a false medical certificate, or
Certificates a public officer had issued a false
certificate of merit or service, good
conduce or similar circumstance, or
a private person had falsified any of
said certificates
2. that the offender knew that the
certificate was false
3. that he used the same
176 Acts Punished: PC in medium 1. Implements confiscated need not form a complete set
Mnftg and 1. Making or introducing in to the and maximum 2. Also punished constructive possession
Possession Philippines any stamps, dies, marks and a fine not
of or other instruments or implements to exceed
Implements for counterfeiting or falsification P10,000
for 2. Possessing with intent to use the Penalty next
Falsification instruments or implements for lower in
counterfeiting or falsification made degree
in or introduced into the Philippines
by another person

177 Two Ways of Committing the Crime: PC in 1. There must be positive, express and explicit
Usurpation 1. By knowingly and falsely minimum and representation
of Authority representing oneself to be an medium 2. The offender should have represented himself to be
or Official officer, agent or representative of periods an officer, agent or representative of any department
Functions any department or agency of the or agency of the government; or should have
Philippine Government or any performed an act pertaining to a person in authority or
foreign government public officer
- In usurpation of authority, the 3. False representation may be shown by acts
mere act of knowingly and 4. Article 177 may be violated by a public officer
falsely representing oneself to 5. Article 177 does not apply to occupant under color of
be an officer, etc. is sufficient; title
it is not necessary that he 6. Article 177 punishes usurpation of authority or official
performs an act pertaining to a functions of any officer of any foreign government
public officer 7. The act performed, without the offender being lawfully
2. By performing any act pertaining to entitled to do so, must pertain to the government, or
any person in authority or public to any person in authority, or to any public officer
officer of the Philippine Government
or of a foreign government or any
agency thereof, under pretense of
official position, and without being
lawfully entitled to do so
- In usurpation of official
functions, it is essential that
the offender should have
performed an act pertaining to
a person in authority or public
officer, in addition to other
requirements
178 Using Fictitious Name: A Mayor and a 1. If the purpose is for causing damage, it must be
Using 1. The offender uses a name other fine not to damage to public interest
Fictitious than his real name exceed P500 2. Signing a fictitious name in an application for passport
Name and 2. He uses that fictitious name publicly use of is publicly using such fictitious name
Concealing 3. The purpose of the offender is to fictitious name 3. Where a person takes the place of another who has
True Name conceal a crime, to evade the been convicted by final judgment, he is guilty of using
execution of a judgment, or to A Menor and a fictitious name punishable under this Article
cause damage to public interest a fine not to 4. Fictitious Name any other name which a person
Concealing True Name: exceed P200 publicly applies to himself without authority of law
1. That the offender conceals his true conceal true 5. Com Act No. 142 regulates the use of aliases
name and all other circumstances name
2. That the purpose is only to conceal
his identity

Distinction Between Use of Fictitious


Name and Concealing True Name:
1. In use, the element of publicity must
be present; in concealing true
name, that element is not necessary
2. The purpose of use of fictitious
name is any of those 3 enumerated;
in concealing true name, it is merely
to conceal identity
179 1. That the offender makes use of A Mayor 1. Wearing the uniform of an imaginary office is not
Illegal Use insignia, uniform or dress punishable
of Uniforms 2. That the insignia, uniform or dress 2. An exact imitation of a uniform or dress is
or Insignia pertains to an office not held by the unnecessary
offender or to a class of persons of
which he is not a member
3. That said insignia, uniform or dress
is used publicly and improperly
180 1. That there be a criminal proceeding RT if the 1. Penalty for false testimony against the defendant in a
False 2. That the offender testifies falsely defendant criminal case depends upon the sentence imposed on
Testimony under oath against the defendant shall have the person against whom the false testimony was
Against a therein been given
Defendant 3. That the offender who gives false sentenced to 2. Defendant must be sentenced at least to a
testimony knows that it is false death correctional penalty, or a fine, or must be acquitted
4. that the defendant against whom PM if 3. Witness who gave false testimony is liable even if his
the false testimony is given is either defendant testimony was not considered by the court
acquitted or convicted in a final shall have 4. The law intends to punish the mere giving of false
judgment been testimony
sentenced to
False Testimony committed by a RT or
person who, being under oath and Perpetua
required to testify as to the truth of a A Mayor if
certain matter at a hearing before a defendant
competent authority, shall deny the truth shall have
or say something contrary to it been
sentenced to
Nature of Crime of False Testimony correctional
particularly odious when committed in penalty or a
judicial proceedings, as it constitutes an fine, or shall
imposition upon the court and seriously have been
exposes it to a miscarriage of justice acquitted

181 Nature of the Crime False testimony A Mayor in 1. False testimony by negative statement is in favor of
False favorable to the defendant is equally max to PC in defendant
Testimony repugnant to the orderly administration of minimum and 2. The false testimony favorable to the defendant need
Favorable to justice a fine not to not benefit the defendant
Defendant exceed 3. Rectification made spontaneously after realizing the
False testimony is punished because of P1,000 if mistake is not false testimony
its tendency to favor or to prejudice the prosecution is
defendant for a felony
punishable by
an afflictive
penalty
A Mayor in
any other
case
182 1. That the testimony must be given in PC in 1. The testimony given in civil case must be false
False a civil case minimum and 2. Article 182 is not applicable when the false testimony
Testimony 2. That the testimony must relate to a fine not to is given in special proceedings
in Civil the issues presented in said case exceed 3. Penalty depends on amount of the controversy
Cases 3. That the testimony must be false P6,000 a. PC in minimum and a fine not to exceed P6,000
4. That the false testimony must be if amount in controversy shall exceed P5,000
given by the defendant knowing the A Mayor in b. A Mayor in max to PC in minimum and fine not
same to be false max to PC in to exceed P1,000 if amount in controversy
5. That the testimony must be minimum and shall not exceed said amount or cannot be
malicious and given with an intent to fine not to estimated
affect the issues presented in said exceed
case P1,000
183 1. Two ways of Committing Perjury A Mayor in 1. There must be competent proof of materiality
False a. By falsely testifying under maximum to 2. Distinguish:
Testimony oath; and PC in a. Material when it is directed to prove a fact in
in Other b. By making a false Affidavit minimum issue
Cases and 2. Elements of Perjury b. Relevant when it tends in any reasonable
Perjury in a. That the accused made a degree to establish the probability or
Solemn statement under oath or improbability of a fact in issue
Affirmation executed an affidavit upon a c. Pertinent when it concerns collateral matters
material matter which make more or less probable the
b. That the statement or affidavit proposition at issue
was made before a competent 3. If the false testimony given by the witness Is not
officer, authorized to receive important, essential or material to the principal matter
and administer oath under investigation, it cannot properly be held that
c. That in the statement or perjury is committed
affidavit, the accused made a 4. No perjury if defendant subscribed and swore before
willful and deliberate assertion a clerk in treasurers office since clerk in not a
of a falsehood; and competent person authorized to administer oaths
d. That the sworn statement or 5. The assertion of falsehood must be willful and
affidavit containing the falsity is deliberate
required by law 6. Good faith or lack of malice is a defense in perjury
7. Even if there is no law, requiring the statement to be
Oath any form of attestation by which a made under oath, as long as it is made for a legal
person signifies that he is bound in purpose, it is sufficient
conscience to perform an act faithfully 8. Two contradictory sworn statements are not sufficient
and truthfully to convict of perjury
Affidavit sworn statement in writing; a 9. Subornation of Perjury committed by a person who
declaration in writing, made upon oath knowingly and willfully procures another to swear
before an authorized magistrate or officer falsely and the witness suborned does testify under
circumstances rendering him guilty
Material Matter it is the main fact which
is the subject of the inquiry or any
circumstance which tends to prove that
fact, or any fact or circumstance which
tends to corroborate or strengthen the
testimony relative to the subject of
inquiry, or which legitimately affects the
credit of any witness who testifies

Competent Person Authorized to


Administer Oath a person who has a
right to inquire into the questions
presented him upon matters under his
jurisdiction
184 1. That the offender offered in Respective 1. Even if there was conspiracy between false witness
Offering evidence a false witness or false penalties and party who presented him, the witness having
False testimony provided in desisted before he could testify on any material
Testimony 2. That he knew the witness or the this section matter, he is NOT liable, because desistance during
in Evidence testimony was false the attempted stage of execution is an absolutory
3. That the offer was made in a judicial cause which exempts him from criminal liability
or official proceeding 2. Article 184 applies when the offender does not induce
a witness to testify falsely
Offer of Evidence begins the moment a
witness is called to the witness stand and
interrogated by counsel

185 1. By soliciting any gift or promise as a PC in 1. Crime is consummated by mere solicitation


Machination consideration for refraining from minimum 2. Other artifice includes the use of trickery
s, taking part in any public auction period and a 3. An attempt to cause prospective bidders to stay away
Monopolies, a. That there be a public auction fine ranging from an auction by means of threats, gifts, etc, with
and b. That the accused solicited any from 10% to the intent that the thing auctioned should command a
Combinatio gift or promise from any of the 50% of the lesser price, is sufficient to constitute an offense
ns bidders value of the 4. The threat need not be effective nor the offer or gift
c. That such gift or promise was thing accepted for the crime to arise
the consideration for his auctioned 5. Reason for the Provision: execution sales should be
refraining from taking part in opened to free and full competition in order to secure
that public auction the maximum benefit for the debtors
d. That the accused had the
intent to cause the reduction of
the price of the thing auctioned
2. By attempting to cause bidders to
stay away from an auction by
threats, gifts, promises or any other
artifice
a. That there be a public auction
b. That the accused attempted to
cause the bidders to stay away
from the public auction
c. That is was done by threats,
gifts, promises or any other
artifice
d. That the accused had the
intent to cause the reduction of
the price of the thing auctioned
186 Acts Punished as Monopolies: PC in 1. The theory in penalizing monopolies and
Monopolies 1. Combination to prevent free minimum or a combinations in restraint of trade is that competition,
and competition in the market fine ranging not combination, should be the law of trade
Combinatio - by entering into any contract or from P200 to 2. Any property possessed under any contract or
ns in agreement or taking part in P6,000, or combination contemplated in this article, shall be
Restraint of any conspiracy or combination both forfeited to the Government
Trade in the form of a trust or 3. The law intends to punish the mere conspiracy or
otherwise, in restraint of trade combination at which it is aimed
or commerce or to prevent by 4. If the offense affects any food substance, motor fuel
artificial means free or lubricants or other article of prime necessity, it is
competition in the market sufficient for the imposition of the higher penalty that
2. Monopoly to restrain free the initial steps have been taken toward carrying out
competition in the market the purposes of combination
- by monopolizing any 5. When the offense is committed by a corporation or
merchandise or object of trade association, the president and directors or managers
or commerce, or by combining are liable as principals thereof; But the president and
with any other person(s) to directors or managers are only liable if they:
monopolize said merchandise a. knowingly permitted, or
or object in order to alter the b. failed to prevent the commission of such offense
prices thereof by spreading
false rumors or making use of
any other artifice to restrain
free competition in the market
3. Manufacturer, producer, or
processor or importer combining,
conspiring or agreeing with any
person to make transactions
prejudicial to lawful commerce or to
increase the market price of
merchandise
a. Person Liable manufacturer,
producer, processor, or
importer of any merchandise
or object of commerce
b. Crime Committed by
combining, conspiring, or
agreeing with any person
c. Purpose to make
transactions prejudicial to
lawful commerce, or to
increase the market price of
any merchandise or object of
commerce manufactured,
produced, processed,
assembled or imported into the
Philippines
187 1. That the offender imports, sells, or PC or a fine 1. Articles of merchandise involved: gold, silver, other
Importation disposes of any of those articles or ranging from precious metals, or their alloys.
and merchandise P200 to 2. Selling the misbranded articles is not necessary
Disposition 2. The stamps, brands, or marks of P1,000 3. Article 187 does not apply to manufacturer of
of Falsely those articles of merchandise fail to misbranded articles made of gold, silver, etc.
Marked indicate the actual fineness or
Articles quality of said metals or alloys
3. The offender knows that stamps,
brands, or marks fail to indicate the
actual fineness or quality of the
metals or alloys
188 Acts Punishable: PC in 1. The trade name, etc. used by the offender need not
Substituting 1. By substituting the trade name or minimum or a be identical with the infringed trade name, etc of the
and Altering trademark of some other fine ranging offended party; a colorable imitation is sufficient
Trademarks, manufacturer or dealer, or a from P500 to 2. There must not be differences which are glaring and
Trade colorable imitation thereof, for the P2,000 or striking to the eye
names, or trade name or trademark of the real both 3. Mark any visible sign capable of distinguishing the
Service manufacturer or dealer upon any foods (trademark) or service (service mark) of an
marks article of commerce and selling the enterprise and shall include a stamped or marked
same container
2. By selling or by offering for sale 4. The trademarks function is to indicate the origin or
such articles of commerce, knowing ownership of the goods to which it is fixed
that the trade name or trademark 5. The objects of trademark are to point out distinctly the
has been fraudulently used origin or ownership of the article to which it is affixed,
3. By using or substituting the service to secure to him, who has been instrumental in brining
mark or some other person, or a into market a superior article of merchandise, the fruit
colorable imitation of such mark, in of his industry and skill, and to prevent fraud and
the sale or advertising of his imposition
services 6. It is not necessary that the goods of the prior user and
4. By printing, lithographing, or the late user of the trademark are of the same
reproducing trade name, trademark, categories
or service mark of one person, or a 7. The trade name or trademark must be registered
colorable imitation thereof, to 8. Trademark must not be merely descriptive or generic
enable another person to 9. The exclusive right to an originally valid trademark or
fraudulently use the same, knowing trade name is lost, if for some reason it loses its
the fraudulent purpose for which it is distinctiveness or has become publici juris
to be used
Trade Name name or designation
identifying or distinguishing an enterprise

Trade Name Distinguished from


Trademark
1. Trade name is used in trade to
designate a particular business of
certain individuals considered as an
entity; trademark is used to indicate
the origin or ownership of the goods
to which it is affixed
2. Trade name, unlike trademarks, are
not necessarily attached or affixed
to the goods of the owner
189 Acts Punished: Penalty 1. Mere offer for sale completes the commission of the
Unfair 1. By selling his goods, giving them provided for in crime
Competition the general appearance of the the next 2. Evidence of actual fraudulent intent is not necessary
, Fraudulent goods of another manufacturer or preceding 3. The basis for penalizing unfair competition is that no
Registration dealer (Unfair Competition) article one shall, by imitating or any unfair device, induce the
of Trade a. That the offender gives his public to believe that the goods he offers for sale are
Name, goods the general appearance the goods of another, and thereby appropriate to
trademark, of the goods of another himself the value of the reputation which the other has
or service manufacturer or dealer acquired for the products or merchandise
mark, b. That the general appearance manufactured or sold by him
Fraudulent is shown in the (a) goods 4. The true test of unfair competition is whether certain
designation themselves, or in the (b) goods have clothed with an appearance which is
of Origin, wrapping of their packages, or likely to deceive ordinary purchaser exercising
and False in the (c) device or words ordinary care, and not whether a certain limited class
Description therein, or (d) any other of purchaser with special knowledge not possessed
feature of their appearance by the ordinary purchaser could avoid mistake by the
c. That the offender offers to exercise of this special knowledge
sell(s) those goods or gives 5. Master is liable for acts of servant
other persons a chance or 6. Infringement of Trademark or Tradename
opportunity to do the same distinguished from Unfair Competition
with a like purpose a. UC is broader and more inclusive
d. That there is actual intent to b. In UC, the offended party has identified in the
deceive public or defraud a mind of the public the goods he manufactures or
competitor deals in from those of others; while in
2. By (a) affixing to his goods or using infringement, the offended party has identified a
in connection with his services a peculiar symbol/mark with his goods and thereby
false designation of origin, or any has acquired a property right in such
false description or representation, symbol/mark
and (b) by selling such goods and c. In UC, the offender gives his goods the general
services appearance of the goods of another
3. By procuring fraudulently from the manufacturer / dealer and sells the same; while
patent office the registration of trade in infringement, the offender uses the trademark
name, trademark, or service mark or tradename of another manufacturer or dealer
and sells his goods on which the trademark is
Smuggling or Illegal Importation: affixed
- requisites: 7. The use of duly stamped or marked containers is
1. that the merchandise must have regulated
been fraudulently or knowingly
imported contrary to law
2. that the defendant, if he is not the
importer himself, must have
received, concealed, bought, sold or
in any manner facilitated the
transportation, concealment or sale
of the merchandise
3. that the defendant must be shown
to have knowledge that the
merchandise had been illegally
imported
190 194 Repealed by Dangerous Drugs Act of
1972
195 199 Amended by PD 1602 Prescribing Stiffer
Penalties in Illegal Gambling
196 Acts Punished: A Mayor in 1. The possession of any lottery ticket or advertisement
Importation, 1. By importing into the Philippines from maximum to is prima facie evidence of an intent to sell, distribute
sale and any foreign place or port any lottery PC in or use of the same
Possession ticket or advertisement minimum or a 2. If the defendant can establish that he did not know of
of Lottery 2. By selling or distributing the name in fine ranging the existence of the lottery ticket, the presumption is
Tickets or connivance with the importer from P200 to destroyed
Ads 3. By possessing, knowingly and with P2,000, or 3. It is not necessary that the lottery tickets be genuine,
intent to use, lottery tickets or both as it is enough that they be given the appearance of
advertisements importation or lottery tickets
4. By selling or distributing the same selling and 4. If the lottery tickets are counterfeit, they cannot give
without connivance with the importer distributing rise to the evil sought to be eradicated
A Menor or
fine not
exceeding
P2,000 or
both
possessing
197 Repealed by PD 483 Betting, Game-
Fixing or Point-Shaving and
Machinations in Sport Contests
198 Acts Punishable: A Menor or 1. Totalizer machine for registering and indicating the
Illegal 1. By betting on horse races during the fine not number and nature of bets made on horse races
Betting on periods NOT allowed by law exceeding 2. Horse Races Prohibited on:
Horse Races P200, or both a. July 4th of every year
4. By maintaining or employing a A Mayor or a b. December 30th of every year
totalizer or other device or scheme fine from P200 c. Any registration or voting days
for betting on races or realizing to P2,000, or d. Holy Thursday and Good Friday
profit therefrom, during the periods both 2. The race held on the same day and at the same place
not allowed by law is punishable as separate offenses
3. There is no liability if there is no betting or use of
totalizer
199 Amended by PD 449 Cockfighting Law of A Menor or a 1. Permitting gambling of any kind in cockpit is punished
Illegal 1974 fine not under the same Decree
Cockfightin Persons Liable: exceeding 2. Spectators in a cockfight are not liable
g 1. Any person who directly or indirectly P200 or both
participates in cockfighting, by
betting money or other valuable
things, or who organizes cockfights
at which bets are made, on a day
other than those permitted by law
2. Any person who directly or indirectly
participates in cockfights, by betting
money or other valuable things, or
organizes such cockfights, at a
place other than a licensed cockpit
200 1. That the offender performs an A Mayor and 1. Decency propriety of conduct; proper
Grave act(s) Public observance of the requirements of modesty, good
Scandal 2. That such act(s) be highly Censure taste, etc.
scandalous as offending against 2. Customs established usage, social conventions
decency or good customs carried on by tradition and enforced by social
3. That the highly scandalous disapproval of any violation thereof
conduct is not expressly falling 3. If the act(s) of the offender are punished under
within any other article of this another article of this code, Article 200 is not
Code applicable
4. That the act or acts complained 4. The acts must be performed in a public place or
of be committed in a public place within the public knowledge or view
or within the public knowledge or
view
Grave Scandal consists of acts
which are offensive to decency and
good customs which, having been
committed publicly, have given rise to
public scandal to persons who have
accidentally witnessed the same
201 Publicity is essential PM or a fine 1. The author of obscene literature is liable only when it
Immoral ranging from is published with his knowledge
Doctrines, Moral conformity with the generally P6,000 to 2. In every case, the editor publishing is liable
Obscene accepted standards of goodness or P12,000 or 3. The test of obscenity is whether the tendency of the
Publications rightness in conduct or character both matter charged as obscene is to deprave or corrupt
and Obscene something offensive to those minds are open to such immoral influences, an
Exhibitions, chastity, decency, delicacy d into who shads such a publication may fall and also
and whether or not such publication or act shocks the
Indecent Those Liable: ordinary and common sense of men as an indecency
Shows 1. Those who shall publicly expound 4. Mere nudity in pictures or paintings is not an
or proclaim doctrines openly obscenity
contrary to public morals 5. Give Away should be read as distribute
2. Authors of obscene literature, 6. Pictures with slight degree of obscenity not used for
published with their knowledge in arts sake but for commercial purposes, fall under this
any form, the editors publishing Article
such literature; and the 7. The object of the law is to protect the morals of the
owners/operators of the public
establishment selling the same 8. Disposition of articles to be forfeited in favor of the
3. Thos who, in theaters, fairs, government
cinematographs, etc., exhibit
indecent or immoral plays, scenes,
acts, etc. it being understood that
the obscene literature or indecent or
immoral lays, etc. whether in live or
in file, which are proscribed by
virtue hereof
4. Those who shall sell, give away, or
exhibit films, prints, engravings,
sculptors, etc. which are offensive
to morals
202 Vagrants: A Menor or a 1. Only par. 1 and 2 requires absence of visible means
Vagrants 1. Any person having no apparent fine not of support
and means of subsistence, who has exceeding 2. Mendicancy and abetting mendicancy are punished
Prostitutes physical ability to work and who P200 3. Giving of alms thru organized agencies operation
neglects to apply himself to some under the rules and regulations of the Ministry of
lawful calling In case of Public Information is not a violation of the Mendicancy
2. Any person found loitering about recidivism, A Law
public or semi-public buildings or Mayor in 4. Dissolute lax, unrestrained, immoral
places, or tramping or wandering medium to PC 5. Ruffians brutal, violent, lawless persons
about the country or the streets in minimum or 6. Pimp one who provides gratification for the lust of
without visible means of support a fine from others
3. Any idle or dissolute person who P200 to 7. Sexual intercourse is not absolutely necessary
lodges in houses of ill-fame; ruffians P2,000 or
or pimps and those who habitually both
associate with prostitutes
4. Any person who, not being included
in the provision of other articles of
this Code, shall be found loitering in
any inhabited or uninhabited place
belonging to another without any
lawful or justifiable purpose
Prostitute a woman who, for money or
profit, habitually indulge in sexual
intercourse or lascivious conduct
203
Who are 1. Taking part in the performance of 1. The term public officers embraces every public
Public public functions in the Government, servant from the highest to the lowest
Officers or performing in said Government or 2. Temporary performance of public functions by a
in any of its branches public duties laborer makes him a public officer
as an employee, agent or
subordinate official, of any rank or
class; and
2. That his authority to take part in the
performance of public functions or
to perform public duties must be:
a. by direct provision of the law,
or
b. by popular election
c. by appointment by competent
authority
204 1. That the offender is a judge; PM and 1. Judgment final consideration and determination of a
Knowingly 2. That he renders a judgment in a Perpetual court of competent jurisdiction upon the matters
Rendering case submitted to him for decision Absolute submitted to it, in an action or proceeding
Unjust 3. That the judgment is unjust Disqualificatio 2. Unjust Judgment one which is contrary to law, or is
Judgment 4. That the judge knows that his n (PAD) not supported by the evidence, or both
judgment is unjust 3. An unjust judgment is rendered knowingly, when it is
made deliberately and maliciously
Misfeasance 4. Sources of Unjust Judgment:
- improper performance of some a. Error no liability for error in good faith
act which might lawfully be b. Ill-will or Revenge
done c. Bribery
5. There must be evidence that the judgment is unjust
Malfeasance it cannot be presumed
- performance of an act which 6. Judgment must be contrary to law and not supported
ought NOT to be done by evidence
7. There must be evidence that the judge knew that his
Nonfeasance judgment is unjust
- omission of some act which
ought to be performed

205 1. That the offender is a judge; A Mayor and 1. A manifestly unjust judgment is one so manifestly
Rendering 2. that he renders a judgment in a Temporary contrary to law, that even a person having a meager
Judgment case submitted to him for decision Special knowledge of the law cannot doubt the injustice
Thru 3. That he judgment is manifestly Disqualificatio 2. Abuse of discretion or mere error of judgment, where
Negligence unjust n (TSD) there is not proof or even allegation of bad faith, or ill
4. That it is due to his inexcusable motive, is not punishable
negligence or ignorance
206 1. That the offender is a judge; A Mayor in 1. Interlocutory Order issued by court between
Rendering 2. That he performs any of the minimum and commencement and end of a suit or action and
Unjust following acts: Suspension which decides some point/matter but which,
Interlocutor a. knowingly renders unjust however, is not a final decision of matter in issue
y Order interlocutory order or 2. Test in Determining: Does it leave something to
decree; or be done in the trial court with respect to the
b. renders a manifestly unjust Suspension merits of the case?
interlocutory order or decree a. if it does it is interlocutory
thru inexcusable negligence b. if it doesnt it is final
or ignorance
207 1. That the offender is a judge PC in 1. Mere delay without is not a felony under this
Malicious 2. That there is a proceeding in his minimum article
Delay in the court 2. Delay is Malicious the delay is cause by the
Admin of 3. That he delays the administration judge with deliberate intent to inflict damage on
Justice of justice either party in the case
4. That the delay is malicious

208 Acts Punishable: PC in 1. Negligence under this article is not merely lack of
Dereliction 1. By maliciously refraining from minimum foresight or skill, but neglect of duties of office by
of Duty in institution prosecution against period and maliciously failing to move the prosecution and
Prosecution violators of the law suspension punishment of the delinquent
of Offenses 2. By maliciously tolerating the 2. Malice is an important element
commission of offenses 3. Officers of the Law includes all those of the
prosecution who, by reasons of the position held by
Elements: them, are duty-bound to cause the prosecution
1. That the offender is a public officer (includes Chief of Police and barrio lieutenant)
or officer of the law who has a duty 4. Maliciously signifies deliberate intent
to cause the prosecution of, or to 5. Crime committed by the law-violator must be proved
prosecute, offenses first before the person charged with dereliction can be
2. That there is dereliction of the made liable
duties of his office; that is, knowing 6. RPC not applicable to revenue officers
the commission of the crime, he
does not cause the prosecution of
the criminal or knowing that a crime
is about to be committed, he
tolerates its commission
209 Acts Punished: In addition to 1. Under first act, there must be DAMAGE to his client
Betrayal of 1. By causing damage to his client, proper 2. Under 2nd act, damage is NOT necessary
Trust by an either (a) by any malicious breach administrative 3. Under 3rd act, if the client consents to the attorneys
Attorney or of professional duty, (b) by action, PC in taking the defense of the other party, there is no crime
Solicitor inexcusable negligence or minimum or a 4. Procurador Judicial a person who had some
ignorance fine ranging practical knowledge of law and procedure, but not a
2. By revealing any of the secrets of P200 lawyer, and was permitted to represent a party in a
his client learned by him in his P1,000 case before an inferior court
professional capacity
3. By undertaking the defense of the
opposing party in the same case,
without the consent of his first client,
after having undertaken the defense
of said first client or after having
received confidential information
from said client
210 Acts Punishable in Direct Bribery: PM in medium First Element:
Direct 1. By agreeing to perform, or by and maximum 3. Temporary performance of public functions is
Bribery performing, in consideration of any and fine of not sufficient to constitute a person a public officer
offer, promise, gift or present and less than 4. It is believed that it does not cover a private individual
act constituting a crime, in value of gift because the additional penalty of STD has no
connection with the performance of and not less practical application
his official duties than 3x value
of gift, in
2. By accepting a gift in consideration addition to the Second Element:
of the execution of an act which penalty 1. Gift may be received by public officer himself or thru a
does not constitute a crime, in corresponding 3rd person
connection with the performance of to crime 2. Bribery exists:
his official duty agreed upon a. when the gift is offered voluntarily by a private
and Special person
3. By agreeing to refrain, or by Temporary b. when the gift is solicited by a public officer and
refraining, from doing something Disqualificatio the private person voluntarily delivers it to the
which is his official duty to do, in n (STD) if public officer
consideration of gift or promise the same c. when the gift is solicited by a public officer, as
crime should the consideration for his refraining from the
Elements: have been performance of an official duty and the private
1. That the offender be a public officer committed person
within scope of Article 203 and if the act 3. A promise of gift to a public officer who accepts such
2. That the offender accepts an offer does not promise is sufficient under 1st paragraph
or a promise or receives a gift or constitute a 4. In 2nd paragraph, the gift must be ACCEPTED
present by himself or thru another crime and 5. If the offer is not accepted, only the person offering
3. That such offer or promise be officer the gift is criminally liable
accepted, or gift or present received executed the 6. The gift must have a value or be capable of pecuniary
by the public officer: act estimation
a. with a view to committing
some crime; or Third Element:
b. in consideration of the PC in medium 1. The act which the public officer agrees to perform
execution of an act which does and fine of not must be connected with the performance of official
not constitute a crime, but the less than 2x duties
act must be unjust value of gift 2. It is not bribery if the act is in discharge of a mere
c. to refrain from doing and STD if moral duty
something which it is his act shall not 3. The fact that the act agreed to be performed is in
official duty to do have been excess of his power, jurisdiction, or authority is no
4. That the act which the offender accomplished defense, EXCEPT: if act is so foreign to duties of
agrees to perform or which he office as to lack even color of authority
executes be connected with the 4. In bribery, the gift or present must be given to the
performance of his official duties public officer to corrupt him
Prevaricacion (Art. 208) Distinguished
from Bribery:
1. Both are committed by refraining
doing something which pertains to
the official duty of the officer
2. In bribery, the offender refrained
from doing his official duty in
consideration of a gift received or
promised; while in crime of
prevaricacion this element is NOT
necessary
211 1. That the offender is a public A Mayor, 1. The gift is usually given to the public officer in
Indirect officer suspension anticipation of future favor from the public officer
Bribery 2. That he accepts gifts in minimum 2. There must be a clear intention on the part of the
3. That the said gifts are offered to and medium public officer to take the gift so offered and
him by reason of his office and public consider the same as his own property
censure 3. Mere physical receipt unaccompanied by any
Direct Bribery Distinguished from other sign, circumstance or act to show such
Indirect Bribery: No attempted acceptance is NOT sufficient to lead the court to
1. In both, the public officer or frustrated conclude that the crime of indirect bribery has
receives a gift indirect been committed
2. In direct bribery, there is an bribery 4. People vs. Pamplona (pg. 361) considered
agreement between the public indirect bribery even if there was a sort of
officer and the giver; in indirect agreement between public officer and giver;
bribery, usually, no such reason: the act executed by the accused was
agreement exists NOT unjust, therefore it cannot be direct bribery
3. In direct bribery, the offender
agrees to perform or performs an
act or refrains from doing
something, because of the gift or
promise; in indirect bribery, in is
NOT necessary that the officer
should do any particular act or
even promise to do any act, as it
is enough that he accepts gifts
offered to him by reason of his
office
211-A 1. That the offender is a public Penalty for
Qualified officer or entrusted with law offense
Bribery enforcement which was
2. That the offender refrains from not
arresting or prosecuting an prosecuted
offender who has committed a first
crime punishable by RP and/or paragraph
death
3. That the offender refrains from Penalty of
arresting or prosecuting the death if it is
offender in consideration of any the public
promise, gift or present officer who
asks or
demands
such gift or
present
212 1. That the offender offers or Same 1. Offender in this article is the giver or offeror
Corruption promises or gives gifts or penalties 2. The public officer sought to be bribed, is not
of Public presents to a public officer imposed criminally liable, unless he accepts the gift or
Officials 2. That the offers or promises are upon officer consents
made or the gifts or presents corrupted 3. Bribery is usually proved by evidence acquired in
given to a public officer, under except entrapment
circumstances that will make the disqualificati
public officer liable for direct on and
bribery or indirect bribery suspension
213 Acts Punishable as Frauds Against PC medium 1. Public officer must act in his official capacity
Frauds Public Treasury: to PM the public officer must have the duty to deal with
Against the 1. By entering into any agreement minimum, or any person with regard to furnishing supplies,
Public with any interested party or a fine etc.
Treasury speculator or making use of any ranging from 2. The crime of frauds against public treasury is
and Similar other scheme, to defraud the P200 to consummated by merely entering into an
Offenses government, in dealing with any P10,000, or agreement with any interested party or speculator
person with regard to furnishing both or by merely making use of any other scheme to
supplies, the making of defraud the government
contracts, or the adjustment or Provisions of 3. It is not necessary that the government is actually
settlement of accounts relating to Administrativ defrauded by reason of the transaction.
property or funds. e Code 4. It is sufficient that the government is actually
2. By demanding, directly or when culprit defrauded by reason of the transaction.
indirectly, the payment of sums is an officer 5. Mere demand for larger or different amount is
different form or larger than or employee sufficient to consummate the crime
those authorized y law, in the of BIR or 6. Collecting officer must issue official receipts to be
collection of taxes, licenses, fees, BOC guilty of illegal exactions
and other imposts. 7. When there is DECEIT in demanding greater fees
3. By failing voluntarily to issue a than those prescribed by law, the crime committed is
receipt, as provided by law, for any estafa and not illegal exaction.
sum of money collected by him 8. Tax collector need not account for tax collected
officially, in the collection of taxes, 9. If a tax collector collected a sum larger than that
licenses, fees, and other imposts authorized by law and spent all of them is guilty of 2
4. By collecting or receiving, directly or crimes;
indirectly, by way of payment or a. Illegal exaction, for demanding a greater amount
otherwise, things or objects of a b. Malversation, for misappropriating the amount
nature different from that provided extracted
by law, in the collection of taxes, 10. Officer or employee of BIR or BOC not covered by
licenses, fees, and other imposts this article

Elements of Frauds against Public


Treasury:
1. That the offender be public officer
2. That he should have taken
advantage of his office, that is, he
intervened in the transaction in his
official capacity
3. That he entered into an agreement
with any interested party or
speculator or made use of any other
scheme with regard to furnishing
supplies, the making of contracts, or
the adjustment or settlement of
accounts relating to public property
or funds
4. That the accused had intent to
defraud the government

Elements of Illegal Exaction:


1. The offender is a public officer
entrusted with the collection of
taxes, licenses, fees and other
imposts
2. He is guilty of acts 2, 3 and 4
(above in Acts Punishable as
Frauds Against Public Treasury)
214 Elements of the Crime: In addition to 1. The public officer must take advantage of his
Other 1. That the offender is a public the penalties official position
Frauds officer prescribed in 2. Frauds and Deceits Enumerated in Chapter 6, Title
2. That he takes advantage of his the 10, Book 2 of this Code:
official position provisions of a. Estafa
3. That he commits any of the Chapter 6, b. Other Forms of Swindling
frauds or deceits enumerated in Title 10, Book c. Swindling a Minor
Articles 315 to 318 2 of this d. Other Deceits
Code, the 3. The RTC, and not the MTC, has jurisdiction when
penalty of this article is involved, regardless of amount or
TSD in penalty involved because the MTC has not
maximum to jurisdiction to impose the penalty of
PSD disqualification
215 1. That the offender is an appointive PC minimum 1. The transaction must be one of exchange or
Prohibited public officer or a fine speculation
Transaction 2. That he becomes interested, ranging from 2. It is sufficient that the appointive officer has an
s directly or indirectly, in any P200 to interest in any transaction of exchange or
transaction of exchange or P1,000, or speculation
speculation both 3. Purchasing of stocks or shares in a company is
3. That the transaction takes place simply an investment and is not a violation of the
within the territory subject to his article
jurisdiction 4. Buying regularly securities for resale is
4. That he becomes interested in speculation
the transaction during his 5. Appointive officer should not devote himself to
incumbency commerce

Example of Appointive Public Officer:


- justices, judges or fiscals,
employees engaged in the collection
and administration of public funds
216 People Liable for Possession of A Mayor 1. Actual fraud is not necessary
Possession Prohibited Interest: medium 2. Intervention must be by virtue of public office
of 1. Public officer who, directly or period to PC held
Prohibited indirectly, became interested in minimum 3. An officer who intervenes in contract or
Interest by a any contract or business in period, or a transaction which has no connection with his
Public which it was his official duty to fine ranging office CANNOT commit the crime defined in
Officer intervene. from P200 to Article 218
2. Experts, arbitrators, and private P1,000, or
accountants who, in like manner, both
took part in any contract or
transaction connected with the
estate or property in the
appraisal, distribution or
adjudication of which they had
acted
3. Guardians and executors with
respect to the property belonging
to their wards or estate
217 Embezzlement also called PC in medium 1. The offender in malversation under this article must
Malversation malversation and maximum be a public officer defined in Article 203
of Public if amount 2. Nature of the duties of the public officer, not name of
Funds or Acts Punishable in Malversation: does not office, is controlling
Property 1. By appropriating public funds or exceed P200 3. Funds or property must be received in official capacity
Presumption property 4. When a public officer had no authority to receive the
of - includes every attempt to PM minimum money for the government and upon receipt if the
Malversation dispose of the same without and medium same he misappropriated it, the crime committed is
right if amount is estafa
2. By taking or misappropriating the more than 5. A public officer having only a qualified charge of
same P200 by not government property without authority to part with
- the funds or property taken exceeding physical possession of it unless upon order from his
need not be misappropriated P6,000 immediate superior, cannot be held liable for
for it to be consummated malversation (Webster and Wickersham rulings)
3. By consenting, or thru PM maximum 6. Webster and Wickersham cases not applicable when
abandonment or negligence, to RT the accused had authority to receive money
permitting any other person to take minimum, if pertaining to the government
such public funds or property amount more 7. A private person conspiring with an accountable
- negligence must be positive than P6,000 public officer in committing malversation is also guilty
and clearly shown to be but less than of malversation
inexcusable, approximating P12,000 8. Government funds include revenue funds and trust
malice or fraud funds
4. By being otherwise guilty of the RT medium 9. Private property may be involved in malversation
misappropriation or malversation of and 10. The measure of negligence is the standard of care
such funds or property maximum, if commensurate with the occasion
amount more 11. In malversation not committed thru negligence, lack of
Elements Common to All Acts of than P12,000 criminal intent or good faith is a defense
Malversation: but less than 12. Presumption from failure to have duly forthcoming
1. That the offender be a public officer P22,000 public funds or property upon demand: Prima Facie
2. That he had the custody or control evidence that he has put such to personal use
of funds or property by reason of RT maximum 13. Presumption may be rebutted
the duties of his office to RP if 14. The return of the funds is only mitigation, not
3. That those funds or property were amount exempting circumstance
public funds or property for which exceeds 15. When a shortage is paid by the public officer from his
he was accountable P22,000 pocket, he is not liable for malversation
4. That he appropriated, took, 16. Borrowing money to replace funds malversation
misappropriated or consented or, 17. Borrowing money to replace funds when missing
thru abandonment or negligence, amount is found in some unaccustomed place, he is
permitted another person to take NOT liable
them 18. Previous demand is not necessary in malversation in
spite of last paragraph of Article 217
19. A person whose negligence made possible the
To be guilty of Malversation, Public commission of malversation by another can be held
officer must have: liable as principle by indispensable cooperation in
1. The official custody of public funds complex crime of malversation thru falsification of a
or property or the duty to collect or public document by reckless negligence
receive funds due the government, 20. Damage to the government is NOT necessary
and
2. The obligation to account for them
to the government

218 1. That the offender is a public officer, PC in 1. Demand for accounting is not necessary
Failure of whether in the service or separated minimum, or 2. Reason why Mere Failure to Render Account is
Accountable therefrom fine ranging Punishable: performance of the duty
Officer to 2. That he must be an accountable from P200 to 3. Misappropriation is not necessary in order to be liable
Render officer for public funds or property P6,000, or under this article
Accounts 3. That he is required by law or both
regulation to render accounts to the
COA, or to a provincial auditor
4. That he fails to do so for a period of
two months after such accounts
should be rendered
219 1. That the offender is a public officer A Mayor or The act of leaving the country must be unauthorized or not
Failure to 2. That he must be an accountable fine ranging permitted by law
Render officer for public funds or property from P200 to
Accounts 3. That he must have unlawfully left (or P1,000, or
before be on the point of leaving) the both
Leaving the Philippines without securing from
Country COA a certificate showing that his
accounts have been finally settled

220 1. That the offender is a public officer PC minimum 1. The public finds or property must be appropriated by
Illegal Use of 2. That there is public fund or property or a fine law or ordinance for a particular purpose
Public Funds under his administration ranging from 2. Illegal Use of Public Funds or Property Distinguished
or Property 3. That such public fund or property to total from Malversation under Article 217:
has been appropriated by law or value of sum a. Both crimes offenders are accountable public
ordinance misapplied, officers
4. That he applies the same to a public with TSD if b. Illegal Use of Public Funds/Property offender
use other than that for which such damage or does not derive any personal gain or profit;
fund or property has been embarrassme Malversation offender in certain cases profits
appropriated by law or ordinance nt resulted from proceeds of crime
c. Illegal Use public fund/property is applied to
Fine from 5- another public use; Malversation public fund or
50% of sum property is applied to personal use and benefit of
misapplied if offender or of another person
no damage or
embarrassme
nt resulted
221 Acts Punishable: A Mayor and Refusal to make delivery of property must be MALICIOUS.
Failure to 1. By failing to make payment by fine from 5-
Make public officer who is under 25% of sum
Delivery of obligation to make such payment he failed to
Public from Government funds in his pay
Funds or possession
Property 2. By refusing to make delivery by a Under 2nd
public officer who had been ordered paragraph,
by competent authority to deliver Fine shall be
any property in his custody or under graduated by
his administration value to thing,
provided that
Elements of Failure to Make Payment: it shall not be
1. That the public officer has less than P50
government funds in his possession
2. That he is under obligation to make
payment from such funds
3. That he fails to make the payment
maliciously
222 Private Individuals Who May be Liable Provisions of 1. Purpose: to extend the provision of this Code on
Officers from Arts. 217-221: this chapter malversation to private individuals
Included in 1. Private individuals who, in any shall apply 2. Sheriffs and receivers fall under the term
the capacity whatever, have charge of administrator
Preceding any national, provincial or municipal 3. Judicial administrator is not covered by this article
Provisions funds, revenue, or property 4. Private property is included, provided it is attached,
2. Administrator or depository of funds seized, or deposited with public authority
or property, attached, seized or
deposited by pubic authority, even if
such property belongs to a private
individual

223 1. That the offender is a public PC medium 1. Connivance with the prisoner in his escape is an
Conniving officer and indispensable element
with or 2. That he had in his custody or maximum 2. Detention Prisoner person in legal custody,
Consenting charge, a prisoner, either and TSD arrested for, and charged with, some crime or
to Evasion detention prisoner or prisoner by maximum to public offense
final judgment PSD 3. Release of detention prisoner who could not be
3. That such prisoner escaped from sentenced by delivered to the judicial authority within the time
his custody final fixed by law, is not infidelity in the custody of the
4. That he was in connivance with judgment to prisoner
the prisoner in the latters escape any penalty 4. Leniency or laxity is not infidelity (e.g. prisoner
Classes of Prisoners Involved: PC minimum allowed to eat in restaurant near municipal
1. Fugitive sentenced by final and TSD building)
judgment to any penalty fugitive not 5. Relaxation of Imprisonment is considered
2. Fugitive held only as detention finally infidelity
prisoner for any crime or convicted but
violation of law or municipal only held as
ordinance detention
prisoner
224 1. That the offender is a public A Mayor 1. The prisoner is either a convict by a final
Evasion officer maximum to judgment or detention prisoner
Through 2. That he is charged with the PC minimum 2. What is punished invasion thru negligence is
Negligence conveyance or custody of a and TSD such a definite laxity as all but amounts to
prisoner, either detention deliberate non-performance of duty on the part of
prisoner or prisoner by final the guard (e.g. falling asleep, lack of adequate
judgment precautions)
3. That such prisoner escapes thru 3. The fact that public officer recaptured the
his negligence prisoner does not afford complete exculpation

Liability of Escaping Prisoner:


1. Convict by reason of final
judgment Article 157
2. Detention Prisoner no liability
225 1. That the offender is a private person Penalty next This article does not apply if a private person was the one
Escape of 2. That the conveyance or custody of lower in who made the arrest and consented to the escape of the
Prisoner a prisoner or person under arrest is degree than person he arrested
under the confided to him that
Custody of a 3. That the prisoner or person under prescribed for
Person not a arrest escapes the public
Public 4. That the offender consents to the officer
Officer escape of the prisoner or person
under arrest, or that the escape
takes place thru his negligence
226 1. That the offender be a public officer PM and fine 3. Public officer must be officially entrusted with the
Removal, 2. That he abstracts, destroys or not exceeding documents or papers
Conceal- conceals documents or papers P1,000 4. The document must be COMPLETE and one by
ment or 3. That the said documents or papers serious which a right could be established or an obligation
Destruction should have been entrusted to such damage could be extinguished
of public officer by means of his office 5. Books, periodicals, pamphlets, etc. are not
Documents 4. That damage, whether serious or PC minimum documents
not, to a third party or to the public and medium 6. Papers includes checks, promissory notes, and paper
interest should have been caused and fine not money
exceeding 7. Post office official who retained the mail without
Acts Punishable in Infidelity in Custody of P1,000 forwarding to their destination is guilty under this
Documents: damage not article.
1. Removing serious 8. Money bills received as exhibits in court are papers
2. Destroying 9. The removal must be for an illicit purpose
3. Concealing, documents or papers 10. The removal is for an illicit purpose when intention is
officially entrusted in the offending to
public officer a. tamper with it, or
b. to profit by it; or
Infidelity in Custody of Document c. to commit an act constituting breach of trust in
distinguished from Malversation and official care thereof
Falsification 11. Deemed consummated upon removal from or
1. Malversation and Falsification secreting away from usual place in the office and after
when postmaster received money offender had gone out and locked the door
orders, signed as payee, collected 12. Infidelity in custody by destroying or concealing it
and appropriated the respective does not required proof of illicit purpose
amounts 13. There must be damage, great or small
2. Infidelity in Custody of Papers
when postmaster receives
letters/envelopes containing money
orders, and MO are not sent to
addressees, the postmaster cashing
the same for his own benefit

Document written instrument by which


something is proved or made of record
227 1. That the offender is a public PC minimum 1. It is the breaking of the seals, not the opening of a
Officer officer and medium, closed envelope, which is punished
Breaking 2. That he is charged with the TSD and fine 2. Damage or intent to cause damage is NOT
Seal custody of papers or property not necessary
3. That these papers or property are exceeding
sealed by proper authority P2,000
4. That he breaks the seals or
permits them to be broken
228 1. That offender is a public officer A Mayor, TSD 1. Custody guarding; keeping safe; care
Opening of 2. That any closed papers, and fine not 2. Closed documents must be entrusted to the
Closed documents, or objects are exceeding custody of the accused by reason of his office
Documents entrusted to his custody P2,000 3. The act should not fall under Article 227 (Breaking
3. That he opens or permits to be of Seal)
opened said closed papers, 4. Damage or intent to cause damage NOT element
documents or objects
4. That he does not have proper
authority
229 Elements of No. 1: PC medium 1. Acts Punishable:
Revelation 1. That the offender is a public officer and a. By revealing any secrets known to the offending
of Secrets 2. That he knows a secret by reason maximum, public officer by reason of his official capacity
by an of his official capacity PSD, and fine b. By delivering wrongfully papers or copies of his
Officer 3. That he reveals such secret without not exceeding papers which he may have charge and which
authority or justifiable reasons P2,000 should NOT be published
4. That damage, great or small, be serious 2. Secrets must affect public interests
cause to the public interest damage 3. Espionage is not contemplated in this article
4. This article only punishes minor official betrayals,
Elements of No. 2: PC minimum, infidelities of little consequence, affecting usually the
1. That the offender is a public officer TSD, and fine administration of justice, executive or official duties, or
2. That he has charge of papers not exceeding the general interest of the public order
3. That those papers should not be P500 not so 5. Offender must have charge of papers or copies of
published serious papers
4. That he delivers those papers or 6. Damage is an element under Article 229
copies thereof to a 3rd person
5. That the delivery is wrongful
6. That damage be caused to public
interest

Revelation Distinguished from Infidelity:


1. Papers contain Secrets revelation
2. Papers do not contain Secrets
Infidelity
230 1. That the offender is a public officer A Mayor and 1. Revelation to one person is sufficient, for public
Public 2. That he knows of the secrets of a fine not revelation is not required.
Officer private individual by reason of his exceeding 2. When the offender is an attorney at law or a solicitor,
Revealing office P1,000 Article 209 is applicable and not 230
Secrets of 3. That he reveals such secrets 3. Damage to private individuals not necessary
Private without authority or justifiable
Individual reason
231 1. That the offender is a judicial or A Mayor The act constitution the crime is the open refusal to
Open executive officer medium to PC execute judgment, decision or order
Disobe- 2. That there is a judgment, decision minimum,
dience or order of a superior authority TSD
3. That such judgment, decision or maximum,
order was made within the scope of and fine not
the jurisdiction of the superior exceeding
authority and issued with all legal P1,000
formalities
4. That the offender without any legal
justification openly refuses to
execute the said judgment, decision
or order, which he is duty bound to
obey
232 1. That the offender is a public officer PC minimum 1. Reason for Provision: superior officer may
Disobedienc 2. That an order is issued by his and medium sometimes err, or orders may proceed from a
e to Order of superior for execution and PSD mistaken judgment
Superior 3. That he has for any reason 2. The article does not apply if the order of the superior
Officer, suspended the execution of such is illegal
When Said order
Order was 4. That his superior disapproves the
Suspended suspension of the execution of the
by Inferior order
Officer 5. That the offender disobeys his
superior despite the disapproval of
the suspension
233 1. That the offender is a public officer A Mayor 1. Demand must be from a competent authority
Refusal of 2. That a competent authority medium to PC 2. Damage to public interest is essential, great or small
Assistance demands from the offender that he minimum,
land his cooperation towards the PSD and fine
administration of justice or other not exceeding
public service P1,000
3. That the offender fails to do so serious
maliciously damage
A Mayor
medium and
maximum, fine
not exceeding
P500 not so
serious
damage
234 1. That the offender is elected by A Mayor or 1. Refusal must be without legal motive
Refusal to popular election to public office. fine not 2. Reason for Provision: matter of duty to discharge
Discharge 2. That he refuses to be sworn in or to exceeding duties of said office
Elective discharge the duties of said office P1,000 or 3. Article 234 NOT applicable to appointive officer
Office 3. That there is no legal motive for both
such refusal to be sworn in or to
discharge the duties of said office
235 1. That the offender is a public officer PC medium 1. The public officer must have actual charge of the
Maltreat- or employee period to PM prisoner to hold him liable fro maltreatment of prisoner
ment of 2. That he has under his charge a in minimum, in 2. Offended party must be a convict or detention
Prisoners prisoner or detention prisoner addition to prisoner
3. That he maltreats such prisoner in liability for 3. To be detention prisoner, the person arrested must be
either of the following manners: physical placed in jail even for a short while
a. by overdoing himself in the injuries or 4. The maltreatment must relate to the correction or
correction or handling of a damages handling of the prisoner, or must be for the purpose of
prisoner or detention prisoner caused under extorting a confession or of obtaining some
under his charge either paragraph 1 information from the prisoner
i. by the imposition of 5. If physical injuries were due to a personal grudge, it
punishments not would not fall under this article
authorized by the 6. Offender may also be liable for physical injuries or
regulations, or damage caused
ii. by inflicting such 7. No complex crime of maltreatment with serious or
punishments (those less serious physical injuries
authorized) in a
cruel and humiliating
manner
b. By maltreating such prisoner to PM in
extort a confession or to obtain minimum,
some information from the TSD and fine
prisoner not exceeding
P6,000, in
addition to
liability for
physical
injuries or
damage
caused
236 1. That the offender is entitled to hold Suspended
Anticipation a public office or employment, either until complied
of Duties of by election or appointment with
Public 2. That the LAW requires that he formalities and
Office should first be sworn in and/or fine from
should first give a bond P200-P500
3. He assumes performance of duties
and powers of such office
4. That he has not taken his oath
and/or given bond required
237 1. That the offender is holding a public PC minimum, Public officer who has been suspended, separated,
Prolonging office TSD declared overaged, or dismissed cannot continue to
Performanc 2. That the period provided by law, minimum, and perform the duties of his office
e of Duties regulations or special provisions for fine not
and Powers holding such office, has already exceeding
expired P500
3. That he continues to exercise the
duties and powers of such office
238 1. That the offender is a public officer A Mayor to 1. There must be a written or formal resignation
Abandonme 2. That he formally resigns from his detriment of 2. Abandonment Distinguished from Negligence in
nt of Office position public service Prosecution of Offenses (Article 208):
or Position 3. That his resignation has not yet a. Abandonment committed by any public officer;
been accepted PC minimum Article 208 committed by public officers who
4. That he abandons his office to the and medium, have the duty to institute prosecution for
detriment of the public service and A Mayor punishment of violation of the law
if to evade b. Abandonment public officer abandons office to
Qualifying Circumstance: duty of evade discharge of duties; Article 208 public
- preventing, prosecuting or preventing, officer does not abandon office
punishing any of the prosecuting or
crimes falling within Title punishing
One, and Chapter One of
Title 3 of Book 2 (Crimes
against National Security
and Law of Nations and
Crimes against Public
Order)
239 1. That the offender is a executive or PC minimum,
Usurpation judicial officer TSD, and fine
of 2. That he makes general rules or not exceeding
Legislative regulations beyond the scope of his P1,000
Powers authority, or attempts to repeal a
law, or suspends the execution
thereof
240 1. That the offender is a judge A Mayor in Legislative officers are not liable for usurpation of powers
Usurpation 2. That he assumes a power medium only Article 177 (Usurpation of authority or official
of Executive pertaining to the executive period to PC functions)
Functions authorities, or obstructs the in minimum
executive authorities in the lawful period
exercise of their powers
241 1. That the offender is an officer of the A Mayor Articles 239-241 punish interference by officers of one of
Usurpation executive branch of the government medium to PC the 3 departments of government with function of officers
of Judicial 2. That he assumes judicial powers, or minimum of another department
Functions obstructs the execution of any order
or decision rendered by any judge
within his jurisdiction
242 1. That the offender is a public officer A Mayor and
Disobeying 2. That a proceeding is pending before fine not
Request for such public officer exceeding
Disqualificat 3. That there is a question brought P500
ion before the proper authority
regarding his jurisdiction, which is
not yet decided
4. That he has been lawfully required
to refrain from continuing the
proceeding
243 1. That the offender is an executive A Mayor, and 1. Purpose of the provision is to maintain the
Orders or officer fine note independence of the judiciary
Requests by 2. That he addressed any order or exceeding 2. Legislative or judicial officers are not liable under
Executive suggestion to any judicial authority P500 Article 243
Officer to 3. That the order or suggestion relates
any Judicial to any case or business coming
Authority within the exclusive jurisdiction of
the courts of justice

244 1. That the offender is a public officer A Mayor and a 1. The offense is committed by nominating or by
Unlawful 2. That he nominates or appoints a fine not appointing.
Appointmen person to a public office exceeding 2. Recommending is not a crime
ts 3. That such person lacks the legal P1,000 3. There must be law that provides for the qualifications
qualifications therefore or a person to be nominated or appointed to a public
4. That the offender knows that his office
nominee or appointee lacks the
qualifications at the time he made
the nomination or appointment
245 1. That the offender is a public officer PC medium 1. Solicit propose earnestly and persistently something
Abuses 2. That he solicits or makes immoral or and maximum unchaste and immoral to a woman
Against indecent advances to a woman and TSD 2. The advances must be immoral or indecent
Chastity 3. That such woman must be: 3. The crime is consummated by mere proposal
a. Interested in matters pending 4. Proof of solicitation is not necessary when there is
before the offender for sexual intercourse
decision, or with respect to
which he is required to submit
a report to or consult with a
superior officer; or
b. Under the custody of the
offender who is a warden or
other public officer directly
charged with the care and
custody of prisoners or
persons under arrest; or
c. The wife, daughter, sister or
relative within the same
degree by affinity of the person
in the custody of the offender
246 1. That a person is killed RP to Death 1. Relationship of the offender with the victim is the
Parricide 2. That the deceased is killed by the essential element of this crime
accused 2. Parents and children are not included in the term
3. That the deceased is the father, ascendants or descendants
mother, or child, whether legitimate 3. The child should not be less than 3 days old,
or illegitimate, or a legitimate other otherwise the crime is infanticide
ascendant or other descendent, or 4. Spouse must be legitimate
the legitimate spouse, of the 5. Relationship must be alleged
accused 6. There is crime of parricide thru reckless imprudence
7. There is also parricide by mistake
Note: 8. A stranger who cooperates in parricide will not be
1. Other ascendants or descendants guilty of parricide by only homicide or murder
must be legitimate
2. Father, mother, or child may be
legitimate or illegitimate

247 1. That a legally married person or a * Note: 1. Required to be a legally married person
Death or parent surprises his spouse or his This article 2. The article does not seem to require that the parent
Physical daughter, the latter under 18 years does not be legitimate, it requires only that she is under 18 and
Injuries of age and living with him, in the act define and that she is living with her parents
Inflicted of committing sexual intercourse penalize a 3. The article does not seem to apply to a married
Under with another person penalty daughter
Exceptional 2. That he or she kills any or both, of 4. Surprising the spouse or daughter in ACT of sexual
Circum- them or inflicts upon any or both of Destierro if intercourse in indispensable
stances them any serious physical injury in accused killed 5. This article is not applicable when the accused did not
the act or immediately thereafter or inflicted see his spouse in the act of sexual intercourse with
3. That he has not promoted or serious another person
facilitated the prostitution of his wife physical 6. It is enough however that the circumstances show
or daughter, or that he or she had injuries on reasonably that the carnal act is being committed or
not consented to the infidelity of the spouse or has just been committed
other spouse other person 7. There is conflict of opinion on whether sexual
intercourse includes preparatory acts
Surprise to come upon suddenly and Exempt from 8. The killing or inflicting of injuries must be: (a) in the
unexpectedly punishment act of sexual intercourse, or (2) immediately thereafter
if inflicted 9. The discovery, the escape, the pursuit and the killing
Cases when Parricide is not punished physical must all form part of one continuous act
with RP to Death: injuries of any 10. The killing must be the direct by-product of the
1. Parricide committed through kind accuseds rage
negligence (Article 365) 11. The killing of the spouse by accused must be by
2. When it is committed by mistake Destierro is reason of having surprised her in the act of sexual
(Article 249) intended to intercourse with another person
3. When it is committed under protect 12. Article 247 applies only when spouse surprises other
exceptional circumstances (Article spouse from spouse in flagrant adultery
247) reprisals by 13. No criminal liability if physical injuries are less serious
relatives of or slight
* Note: deceased 14. Accused cannot be held liable for injuries sustained
- Justification for this article: burst of spouse by 3rd persons as a result thereof, since he was NOT
passion committing a felony
248 1. That a person was killed RP to Death 1. The offender must have intent to kill to be liable for
Murder 2. That the accused killed him murder committed by means of fire, or other means
3. That the killing was attended by any enumerated in par. 3 of Article 248
of the qualifying circumstances 2. Killing a person with treachery is murder even if there
mentioned in Article 248 is no intent to kill
4. The killing is not parricide or 3. Rules for application of the circumstances which
infanticide qualify the killing to murder:
a. Murder will exist with only one of the
Murder unlawful killing of any person circumstances described in Article 248
which is NOT parricide or infanticide, b. When the other circumstances are absorbed or
provided the following circumstances are included in one qualifying circumstance, they
present: cannot be considered as generic aggravating
1. With treachery, taking advantage of c. Any of the qualifying circumstances enumerated
superior strength, with the aid of in Article 248 must be ALLEGED in the
armed men, or employing means to information
weaken the defense, or of means or 4. Treachery and premeditation are inherent in murder
persons to insure or afford impunity by poison
2. In consideration of a price, reward 5. When the intention of accused was merely to sexually
or promise excite a woman, and not to kill her, the crime is
3. By means of inundation, fire, homicide
poison, explosion, shipwreck, 6. Outraging commit an extremely vicious or deeply
stranding of vessel, derailment or insulting act
assault upon a railroad, fall of an 7. Scoffing jeer, and implies a showing of irreverence
airship, by means of motor vehicles,
or with the use of any other means
involving great waste and ruin
4. On occasion of any of the calamities
enumerated in the preceding
paragraph, or of an earthquake,
eruption of a volcano, destructive
cyclone, great waste and ruin
5. With evident premeditation
6. With cruelty, by deliberately and
inhumanly augmenting the suffering
of the victim, or outraging or
scoffing at his person or corpse
*Note: read discussion in Article 13 on
Aggravating Circumstances

249 1. That a person is killed RT 1. Penalty for homicide will be one degree higher when
Homicide 2. That the accused killed him without the victim is under 12 years of age
any justifying circumstances 2. Intent to kill is conclusively presumed when death
3. That the accused had the intention results
to kill, which is presumed 3. Evidence of intent to kill is important only in attempted
4. That the killing was not attended by or frustrated homicide
any of the qualifying circumstances 4. Intent to kill must be proven beyond reasonable doubt
of murder, or by that of parricide or 5. That the death of the deceased was due to his refusal
infanticide to be operated on is NOT a defense
6. The killing must not be justified
Homicide unlawful killing of any 7. No offense of frustrated homicide thru imprudence
person, which is neither parricide, 8. Where the wounds that caused death were inflicted
murder nor infanticide by 2 different persons, even if they were not in
conspiracy, each of them is guilty of homicide
Accidental Homicide death of a person 9.
brought about by a lawful act performed
with proper care and skill, and without
homicidal intent

Corpus Delicti actual commission of


the crime charged; means that the crime
was actually perpetrated, and does not
refer to the body of the murdered person
250 Frustrated Parricide, Murder or Homicide 1. This article is permissive, not mandatory
Penalty - Penalty lower by one degree than that 2. Court may impose penalty 2 degrees lower for
which should be imposed under frustrated parricide, murder or homicide
provisions of Article 50 3. Court may impose penalty 3 degrees lower for
attempted parricide, murder or homicide
Attempted Parricide, Murder or Homicide 4. An attempt against the life of the Chief Executive, etc.
Penalty lower by one under provisions is punishable by death
of Article 51
251 1. That there be several persons PM in case 1. When there are two identified groups of men who
Death 2. That they did not compose groups of death of assaulted each other, then there is no tumultuous
Caused in organized for the common purpose victim, though affray
Tumultuous of assaulting and attacking each it cannot be 2. The person killed in the course of the affray need not
Affray other reciprocally ascertained be one of the participants in the affray
3. That there several persons who killed 3. If the one who inflicted the fatal wound is know, the
quarreled and assaulted one him, if person crime is NOT homicide in tumultuous affray but
another in a confused and who inflicted HOMICIDE under Article 249 against the one who
tumultuous manner serious inflicted the fatal wound
4. That someone was killed in the physical 4. The serious physical injuries, if inflicted by one of the
course of the affray injuries can be participants, should not be the cause of the death of
5. That it cannot be ascertained who identified the deceased
actually killed the deceased
6. That the person or persons who PC in medium
inflicted serious physical injuries or and maximum
who used violence can be identified all those
who used
Tumultuous Affray the disturbance is violence upon
caused by more than three persons who victim
are armed or are provided with means of
violence

Persons Liable for Death in Tumultuous


Affray:
1. Person(s) who inflicted the serious
physical injuries
2. If it is not known who inflicted the
serious physical injuries on the
deceased, all the persons who used
violence upon the person of the
victim are liable, but with lesser
liability
252 1. That there is a tumultuous affray as 1st paragraph 1. Victim must be one or some of the participants in the
Physical referred to in the preceding article Penalty next affray
Injuries 2. That a participant(s) thereof suffer lower in 2. Only the one who used violence in liable
Caused in serious physical injuries or physical degree than 3. The 2nd paragraph seems to refer to less serious
Tumultuous injuries of a less serious nature only that provided physical injuries
Affray 3. That the person responsible for the 4. It is believed that in providing the penalty of Arresto
therefore cannot be identified physical Mayor for physical injuries of a less serious nature in
4. That all those who appear to have injuries so a tumultuous affray, the legislature intended to
used violence upon the person of inflicted EXCLUDE slight physical injuries
the offended party are known
2nd Paragraph
A Mayor
from 5 to 15
days
253 Acts Punishable as Giving Assistance to PM any 1. This article does not distinguish and does not make
Giving Suicide: person who any reference to the relation of the offender with the
Assistance 1. By assisting another to commit shall assist person committing suicide
to Suicide suicide, whether the suicide is another to 2. A person who attempts to commit suicide is not
consummated or not commit criminally liable
2. By lending his assistance to another suicide 3. A pregnant woman who tried to commit suicide by
to commit suicide to the extend of means of poison, but instead of dying, the fetus in her
doing the killing himself RT lending womb was expelled is NOT liable for abortion
assistance to 4. Assistance to suicide is different from mercy-killing
the extent of 5. Euthanasia practice of painlessly putting to death a
doing the person suffering from some incurable disease
killing himself 6. Euthanasia is not lending assistance to suicide. In
euthanasia, the person killed does not want to die.
A Mayor 7. A doctor who resorts to mercy killing of his patient
medium and may be liable for suicide
maximum if
suicide is not
consummated
254 1. That the offender discharges a PC minimum 1. There must be no intention to kill
Discharge of firearm against or at another person and medium 2. The purpose of offender is only to intimidate or
Firearms 2. That the offender has no intention to any person frighten the offended party
kill that person who shall 3. If the firearm is NOT discharged at a person, there is
shoot at no crime of discharge of firearm
another 4. Discharge towards the house of victim is not illegal
firearm unless discharge of victim
frustrated or 5. Firing a gun against the house of the offended party
attempted at random, not knowing in what part of the house the
parricide, people inside were, is only crime of Alarm
murder or 6. Complex crime of illegal discharge of firearm with
homicide, or serious or less serious physical injuries when in
any other illegal discharge of firearm, the offended party is hit
crime for and wounded
which a higher 7. There is no complex crime when only slight physical
penalty is injuries (light felony) are inflicted
prescribed by 8. A public officer who fires his revolver in the air in
articles of this order to capture some gamblers and to prevent them
code from escaping is NOT guilty of this crime
255 1. That a child was killed Penalty 1. The penalty is for parricide or murder, but the name of
Infanticide 2. That the deceased child was less provided for the crime is always infanticide
than 3 days (72 hours) of age parricide (Art. a. Father or mother or legitimate ascendant who
3. That the accused killed the said 246) and kills child of less than 3 days old to suffer penalty
child Murder (Art. of parricide
248) b. Other persons who kills a child less than 3 days
Infanticide killing of any child less than old to suffer the penalty for murder
three days of age, whether the killer is PM medium 2. Concealing dishonor is not an element of infanticide; it
the parent or grandparent, any other and maximum merely mitigates the liability of mother or maternal
relative of the child, or a stranger if committed grandparents
by the mother 3. Reason for mitigating circumstance: obfuscation for
of child for fear of dishonor
purposes of 4. Delinquent mother who claim concealing dishonor
concealing must be of good reputation
dishonor 5. No crime of infanticide is committed where the child
was born dead, or although born alive, it could not
RT if crime sustain an independent life when it was killed
committed for 6. A fetus about 6 months old cannot subsist by itself,
same purpose outside the maternal womb
by maternal
grandparents
or either of
them
256 Ways of Committing Intentional Abortion: RT if he 1. Persons Liable for Intentional Abortion
Intentional 1. By using any violence upon the shall use any a. Person who intentionally caused abortion
Abortion person of the pregnant woman violence upon under Article 256
2. By acting, but without using the person of b. Woman, if she consented under Art. 258
violence, without the consent of the the pregnant c. Woman, if she did not consent NOT liable
woman (by administering drugs or woman 2. Abortion distinguished from Infanticide
beverages upon such pregnant a. Infanticide if fetus can sustain an independent
woman without her consent) PM if, life after its separation from the maternal womb,
3. By acting (by administering drugs or without using and is killed
beverages), with the consent of the violence, he b. Abortion otherwise
pregnant woman shall act
without the
consent of the
Elements: woman
1. That there is a pregnant woman
2. That violence is exerted, or drugs or PC medium
beverages administered, or that the and maximum
accused otherwise acts upon such if woman
pregnant woman shall have
3. That as a result of the use of consented
violence or drugs or beverages
upon her, or any other act of the
accused, the fetus dies, either in the
womb or after having been expelled
therefrom
4. That the abortion is intended
257 1. That there is a pregnant woman PC minimum 1. This crime is committed only by violence
Unintention 2. That violence is used upon such and medium 2. The violence must be intentionally exerted
al Abortion pregnant woman without intending 3. There is unintentional abortion thru imprudence
an abortion 4. There are conflicting decisions on whether the
3. That the violence is intentionally accused is liable for abortion even if he did not know
exerted that the woman was pregnant
4. That as a result of the violence, the 5. There is a complex crime of homicide with
fetus dies, either in the womb or unintentional abortion
after having been expelled 6. There is complex crime of parricide with abortion
therefrom 7. Article 257 does not apply when there is no intent to
cause abortion and there is no violence
* Note:
- Violence is actual physical force

258 1. That there is a pregnant woman PC medium 1. Woman is liable:


Abortion who has suffered an abortion and maximum a. when she shall practice an abortion upon herself
Practiced by 2. That the abortion is intended woman who b. when she shall consent that any other person
the Woman 3. That the abortion is caused by: practices should do so
Herself or a. the pregnant woman herself abortion on 2. Liability of pregnant woman is mitigated if purpose is
by her b. any other person, with her herself; to conceal dishonor
Parents consent parents of 3. No mitigation for parents of pregnant woman even if
c. any of her parents, with her woman or the purpose is to conceal dishonor, unlike in
consent, for the purpose of either of them infanticide
concealing her dishonor to conceal
dishonor
Cases Covered by Article 258:
1. Abortion committed by woman upon PC minimum
herself or by any other person with and medium
her consent any woman
2. Abortion by the woman upon herself who does it to
to conceal her dishonor conceal
3. Abortion by any of the parents of dishonor
the woman with the latters consent
to conceal her dishonor
259 Elements for Physician or Midwife Penalties 1. Penalty for intentional abortion is imposed in
Abortion 1. That there is a pregnant woman provided for in maximum period on physician or midwife
Practiced by who has suffered an abortion Article 256 in 2. Reason for Maximum penalty: used knowledge for
a Physician 2. That the abortion is intended maximum destruction of human life, where it should only be
or Midwife 3. That the offender, who must be a period who used for preservation
and physician or midwife, causes, or takes 3. It is not necessary that the pharmacist knows that the
Dispensing assists in causing, the abortion advantage of abortive would be used to cause an abortion
of Abortives 4. That said physician or midwife takes scientific 4. What is punished is the act of dispensing abortive; its
advantage of his or her scientific knowledge or not necessary that the abortive be actually used
knowledge or skill skill

Elements for Pharmacists: A Mayor and a


1. That the offender is a pharmacist fine not
2. That there is no proper prescription exceeding
from a physician P1,000
3. That the offender dispenses any pharmacist
abortive
260 Acts Punishable in Duel: RT if he 1. If death results, the penalty is the same as that for
Duel 1. By killing ones adversary in duel should kill his homicide
2. By inflicting upon such adversary adversary 2. General principle: when there is intent to kill, the
physical injuries inflicting of physical injuries is either attempted or
3. By making a combat although no Penalty frustrated homicide
physical injuries have been inflicted provided 3. The code disregards the intent to kill in considering
therefore, the penalty for duel when only physical injuries are
Duel formal or regular combat according to inflicted upon the adversary
previously concerted between two their nature
parties in the presence of two or more in case of
seconds of lawful age on each side, who physical
makes the selection of arms and fix all injuries
other conditions of the fight
A Mayor
Persons Liable in Duel: combatants,
1. The person who killed or inflicted although no
physical injuries upon his adversary, physical
or both combatants in any other injuries have
case, as principles been inflicted
2. The seconds, as accomplices
261 Acts Punished under this Article: PC minimum Persons Responsible Under this Article:
Challenging 1. By challenging another to a duel 1. Challenger
to Duel 2. By inciting another to give or accept 2. Instigator
a challenge to a duel
3. By scoffing at or decrying another
publicly for having refused to accept
a challenge to fight a duel
262 1. By intentionally mutilating another RT to RP 1. Mutilation of the first kind is castration which must be
Mutilation by depriving him, either totally or essential made purposely.
partially, of some essential organ for organ for 2. The penalty shall be one degree higher than that
reproduction reproduction imposed by law when the victim is under 12 years of
a. That there be castration age.
(mutilation of organs PM medium 3. The offender must have the intention to deprive the
necessary for generation such and maximum offended party of a part of his body.
as a penis or ovarium) other 4. Mutilation lopping or clipping off of some part of the
b. That the mutilation is caused mutilation body
purposely or deliberately, that 5. Mayhem other intentional mutilation
is, to deprive the offended
party of some essential organ
for reproduction
2. By intentionally making other
mutilation, that is, by lopping or
clipping off any part of the body of
the offended party, other than the
essential organ for reproduction, to
deprive him of that part of his body.
263 Serious Physical Injuries: PM under 1. Committed by wounding, beating, assaulting or
Serious 1. When the injured person becomes no. 1 administering injurious substance
Physical insane, imbecile, impotent or blind 2. May be committed by reckless imprudence, or by
Injuries in consequence of the physical PC medium simple imprudence or negligence.
injuries inflicted. and maximum 3. There must not be intent to kill
2. When the injured person (a) loses under no. 2 4. Blindness (Must be Complete) and Loss of an Eye
the use of speech or the power to a. Paragraph 1 must be both eyes
hear or to smell, or loses an eye, a PC minimum b. Paragraph 2 one eye only
hand, a foot, an arm, or a leg, or (b) and medium 5. Loss of Power to Hear
loses the use of any such member, under no. 3 a. Paragraph 2 both ears
or (c) becomes incapacitated for the b. Paragraph 3 one ear only
work in which we were theretofore A Mayor 6. Loss of hand or incapacity of usual work must be
habitually engaged, in consequence maximum to permanent
of the physical injuries inflicted. PC minimum 7. Paragraph 2 refers to principal members of the body,
3. When the person injured (a) under no. 4 while Paragraph 3 covers any other member which is
becomes deformed, or (b) loses any not principal member of body
other member of his body, or (c) 8. Deformity requires (a) physical ugliness, (b)
loses the use thereof, or (d) permanent and definite abnormality, and (c)
becomes ill or incapacitated for the conspicuous and visible.
performance of the work in which he 9. Deformity by loss of teeth refers to injury which
was habitually engaged for more cannot be repaired by action of nature
than 90 days, in consequence of the 10. There is illness for a certain period of time, when the
physical injuries inflicted. wound inflicted did not heal within that period
4. When the injured person becomes 11. Medical attendance is not important in serious
ill or incapacitated for labor for more physical injuries
than 30 days (but must not be more 12. In Par 2 and 3, offended party must have an
than 90 days), as a result of the avocation or work at the time of the injury
physical injuries inflicted. 13. Par 4 speaks of incapacity for any kind of labor
14. Where the category of the offense of serious physical
Classes of Serious physical injuries: (a) injuries depends on the period of illness or incapacity
consequences of the injuries inflicted, (b) for labor, there must be evidence of the length of that
nature and character of the wound period; otherwise the offense is only slight physical
inflicted, and (c) the proper penalty injuries
15. Lessening of efficiency is not incapacity
Physical Injuries Distinguished from 16. Serious physical injuries by excessive chastisement
Attempted or Frustrated Homicide: by parents is not qualified.
a. In both, the offender inflicts
physical injuries, however
homicide may be committed,
even if no physical injuries are
inflicted
b. There is no intent to kill in
physical injuries

Ordinary Physical Injuries Distinguished


from Mutilation:
1. Mutilation must have been caused
purposely and deliberately
2. Physical Injuries this intention is
not present

264 1. That the offender inflicted upon Penalties 1. Knowingly administering is an essential element
Adminis- another any serious physical injury established by 2. Administering injurious substance means introducing
tering 2. That it was done by knowingly the next into the body the substance
Injurious administering to him any injurious preceding 3. This article does not apply when the physical injuries
Substances substance or beverages or by article that result are less serious or slight
or taking advantage of his weakness 4. Taking advantage of weakness or credulity may take
Beverages of mine or credulity place in case of witchcraft, philters, magnetism, etc.
3. That he had no intent to kill

265 Qualified Less Serious Physical Injuries Fine not 1. Matters to Note:
Less 1. Paragraph 2: exceeding a. That the offended party is incapacitated for labor
Serious a. there is manifest intent to insult P500 in for 10 days or more (but not more than 30), or
Physical or offend the injured person addition to A needs medial attendance for same period of time
Injuries b. there are circumstances Mayor 2nd b. That the physical injuries must not be those
adding ignominy to the offense paragraph described in the preceding articles
2. Paragraph 3: 2. Medical attendance or incapacity is required
a. the offenders parents, PC in 3. It is only slight physical injury when there is no
ascendants, guardians, minimum and medical attendance or incapacity for labor
curators or teachers medium 4. Actual medical attendance is required
b. persons of rank or persons in paragraph 3
authority, provided the crime is
not direct assault

266 Kinds of Slight Physical Injuries: A Menor par 1. When there is no evidence of actual injury, it is only
Slight 1. Physical injuries which 1 slight physical injuries
Physical incapacitated the offended party for A Menor or 2. Example of paragraph 3 is slapping the face of
Injuries and labor from 1 to 9 days, or required fine not offended party
Maltreat- medical attendance during the exceeding
ment same period P200 par 2
2. Physical injuries which did not A Menor
prevent the offended party from minimum or
engaging in his habitual work or fine not
which did not require medical exceeding
attendance P50 - par 3
3. Ill-treatment of another by deed
without causing any injury
266-A Paragraph 1: Rape 1. Offender may now be a male or female.
Rape 1. Offender is a man committed 2. In rape under par. 1, there must be sexual intercourse
2. Offender had carnal knowledge of a under any of 3. Penetration, even partial, is necessary
266-B woman the 4 4. Only one of the four circumstances is necessary
Penalties 3. Such act is accomplished under any Circumstance 5. Force need not be irresistible, but it should be present
of the ff circumstance: s: and brings the desired results
a. by using force or intimidation; a. Par. 1 6. Force employed need not be of such character as
or RP could be resisted
b. when the woman is deprived of b. Par. 2 7. Intimidation includes the moral kind, such as the fear
reason or otherwise PM caused by threatening
unconscious; or 8. When the offender has ascendancy or influence over
c. by means of fraudulent Rape victim, it is not necessary that she put up a
machination or grave abuse of committed determined resistance
authority; or with use of 9. Rape may be proved by the uncorroborated testimony
d. when the woman is under 12 deadly of the offended
years of age or demented weapon or by 10. Deprivation of reason contemplated by law need not
2 or more be complete
Paragraph 2: persons: 11. Stages of Rape:
1. Offender commits an act of sexual a. Par. 1 a. Consummated enough that there was
assault RP to penetration, even partial/slight
2. That the act of sexual assault is death b. Frustrated none
committed by any of the following b. Par. 2 c. Attempted intent on the part of accused to
means: PM to RT have carnal knowledge of woman
a. by inserting his penis into 12. Resignation to consummated act is NOT consent
another persons mouth or Rape where 13. Character of offended woman immaterial in rape
anal orifice; or victim 14. There is a crime of multiple rape by 2 or more
b. by inserting any instrument or becomes offenders
object into the genital or anal insane: 15. Rape is punished by death when any of the qualifying
orifice of another person a. Par. 1 circumstances are present
3. That the sexual act is accomplished RP to 16. Rape with homicide is a special complex crime
under the circumstances mentioned death 17. When homicide is committed NOT by reason or on
in paragraph 1 b. Par. 2 the occasion of the rape, such as while the woman
RT was dying, the accused had carnal intercourse with
Qualifying Circumstances: her, it may be considered as ignominy.
1. When by reason or on occasion of Attempted 18. Indemnity in Rape P50,000
the rape, a homicide is committed Rape and 19. Indemnity in Qualified Rape P75,000
2. When victim is under 18 and Homicide: 20. Indemnity in Rape with Homicide P50,000 and
offender is parent, ascendant, a. Par. 1 P50,000 respectively (P100,000)
stepparent, guardian, relative by RP to 21. Damages in Rape
consanguinity or affinity within 3rd death a. Moral Damages P50,000 without need of proof
civil degree, or common-law spouse b. Par. 2 b. Exemplary Damages if one or more
of the parent of victim RT to RP aggravating circumstances was committed
3. When the victim is under the
custody of the police or military Rape with
authorities or any law enforcement Homicide:
or penal institution a. Par. 1
4. When the rape is committed in full death
view of the husband, parent, any of b. Par. 2
the children or other relatives within RP
the 3rd civil degree of consanguinity
5. When the victim is a religious Rape with
engaged in legitimate religious Aggravating
vocation or calling and is personally Circumstance
known to be such by the offender s:
before or at the time of the a. Par. 1
commission of the crime death
6. When the victim is a child below 7 b. Par. 2 -
years of age. RT
7. When the offender knows that he is
afflicted with HIV/AIDS or any other
sexually transmissible disease and
the virus or disease is transmitted to
the victim.
8. When committed by any member of
AFP or paramilitary units thereof or
the PNP or any law enforcement
agency or penal institution, when
the offender took advantage of his
position to facilitate the commission
of the crime
9. When by reason or on the occasion
of the rape, the victim has suffered
permanent physical mutilation or
disability
10. When the offender knew of the
pregnancy of the offended party at
the time of the commission of the
crime
11. When the offender knew of the
mental disability, emotional disorder
and/or physical handicap of the
offended party at the time of the
commission of the crime
266-C 1. Subsequent valid marriage between 1. Effect of marriage extinguishes not only the penal
Effect of the offender and the offended party action, but likewise the penalty that may be imposed
Pardon shall extinguish the criminal action 2. Marriage extinguishes the penal action and the
or the penalty imposed. penalty only as to the principal and not to the
2. In case it is the legal husband who accomplices and accessories
is the offender, the subsequent 3. The crime shall not be extinguished or the penalty
forgiveness by the wife as the shall not be abated if the marriage is void ab initio
offended party shall extinguish the
criminal action or the penalty

266-D 1. Any physical overt act manifesting


Presumptio resistance against the act of rape in
ns any degree from the offended party;
or
2. Where the offended party is so
situated as to render him/her
incapable of giving consent
267 1. That the offender is a private RP to Death 1. If the offender is a public officer, the crime is arbitrary
Kidnapping individual any of the 4 detention
and Serious 2. That he kidnaps or detains another, circumstances 2. When a victim is a minor and the accused is one of
Illegal or in any other manner deprives the the parents A mayor or a fine not exceeding P300,
Detention latter of his liberty Death or both
3. That the act of detention or purpose of 3. Intention to deprive victim of his liberty for purpose of
kidnapping must be illegal extorting extorting ransom is essential in crime
4. That in the commission of the ransom 4. Actual demand for ransom is not necessary
offense, any of the following 5. The accused is not liable when there is lack of motive
circumstances are present: Maximum to resort to kidnapping
a. The kidnapping or detention penalty if 6. Detention or locking up of victim is essential, but it is
lasts for more than 3 days or; victim is killed not necessary that it is an inclosure and restraint need
b. It is committed simulating or dies, or not be permanent
public authority or; raped or 7. Detention must be illegal, i.e. when not ordered by
c. Any serious physical injuries subject to competent authority or not permitted by law
are inflicted upon the person torture or 8. Deprivation of ones liberty is essential element
kidnapped or detained or dehumanizing 9. Restraint by robbers is not illegal detention
threats to kill him are made; or acts 10. The purpose is immaterial when any of the 4
d. The person kidnapped or circumstances in the first paragraph is present
detained is a minor (except 11. Where a person is taken from one place to another
when the accused is any of the solely for the purpose of killing him
parents), female or a public 12. Ransom money, price or consideration paid or
officer. demanded for redemption of a captured persons, a
payment that releases from captivity
Special Complex Crime of Kidnapping 13. Conspiracy to extort ransom makes all conspirators
with Murder effectively eliminated the liable under the 2nd paragraph, including those who
distinction drawn by courts between did not take any part of the money
those cases where the killing was
purposely sought by the accused, and
those where the killing of the victim was
not deliberately resorted to but was
merely an afterthought

Illegal Detention Distinguished from


Arbitrary Detention;
1. Illegal Detention is committed by a
private individual who unlawfully
kidnaps, detains or otherwise
deprives a person of liberty;
Arbitrary Detention is committed by
public officer or employee who
detains a person without legal
ground
2. Illegal Detention is a crime against
personal liberty and security;
Arbitrary Detention is a crime
against the fundamental law of the
State
268 1. That the offender is a private RT offender 1. Participation of accomplice in furnishing place is
Slight Illegal individual and person raised to that of a real co- principal
Detention 2. That he kidnaps or detains another, who furnished 2. Privileged mitigating circumstance in slight illegal
or in any other manner deprives him place for detention:
of his liberty perpetration of a. Voluntarily releases person so kidnapped or
3. That the act of kidnapping or crime detained within 3 days from commencement of
detention is illegal PM minimum detention
4. That the crime is committed without and medium b. Without having attained purpose intended
the attendance of any of the and a fine not c. Before the institution of criminal proceedings
circumstances enumerated in exceeding against him
Article 267 P700
voluntary
release
269 1. That the offender arrests or detains A Mayor and a 1. The offender is any person, whether a public officer or
Unlawful another person fine note a private individual
Arrest 2. That the purpose of the offender is exceeding 2. There is no unlawful arrest when the arrest is
to deliver him to the proper P500 authorized by a warrant issued by the court
authorities 3. Distinguished from Article 125:
3. That the arrest or detention is not a. Article 126 detention is for legal grounds; in
authorized by law or there is no unlawful arrest detention is illegal
reasonable ground therefore b. Article 125 crime is failing to deliver person; in
unlawful arrest crime is making unauthorized
Unlawful arrest distinguished from other arrest
illegal detention: if the purpose of locking 4. Motive of offender is controlling
up or detaining is to deliver to authorities, 5. No period of detention is fixed
the crime is unlawful arrest; otherwise, it
is other illegal detention

270 1. That the offender is entrusted with RP 1. This covers all minors, whether under or over 7 years
Kidnapping the custody of a minor person A Mayor or a of age
and Failure (below 21 years of age) fine not 2. What is punished is the deliberate failure of the
to Return a 2. That he deliberately fails to restore exceeding custodian of the minor to restore the latter to his
Minor the said minor to his parents or P300 or both parents or guardians
guardians when the 3. Kidnapping and failure to return a minor is necessarily
crime is included in Kidnapping and Serious Illegal Detention
Distinguishing Article 267 and Article committed by
270: father or
1. In Article 267 the offender is not mother
entrusted with custody
2. In Article 270 the offender is
entrusted with custody of minor
271 1. That a minor is living in the home of PC and a fine 1. The inducement must be actual, committed with
Inducing a his parents or guardian or person not exceeding criminal intent, and determined by a will to cause
Minor to entrusted with his custody P700 damage
Abandon 2. That the offender induces said offender is 2. The minor should not leave his home on his own free
His Home minor to leave such home any person will
A Mayor or a
fine not
exceeding
P300, or both
offender is
parent
272 1. That the offender purchases, sells, PM and a fine 1. If the purpose of the offender is to assign the offended
Slavery kidnaps or detains a human being. not exceeding party to some immoral traffic (prostitution), the penalty
2. That the purpose of the offender is P10,000 is higher.
to enslave such human being 2. The employment or custody of a minor with the
Maximum consent of the parent or guardian although against
Slavery and Kidnapping or Illegal Period if the childs will cannot be considered to be involuntary
Detention Distinguished: purpose is to servitude
a. Slavery purpose is to assign to
enslave victim immoral traffic
b. Kidnapping or Illegal Detention
any other purpose
273 1. That the offender retains a minor in PC minimum 1. The service of the minor must be against his will
Exploitation his service and medium 2. The existence of indebtedness constitutes no legal
of Child 2. That it is against the will of the and a fine not justification for holding a person and depriving him of
Labor minor exceeding his freedom to live where he wills
3. That it is under the pretext of P500
reimbursing himself of a debt
incurred by an ascendant, guardian
or person entrusted with the
custody of such minor
274 1. That the offender compels a debtor A Mayor 1. The article specifically provides that the debtor is
Services to work for him, either as household maximum to compelled to work as household servant or farm
Rendered servant or farm laborer PC minimum laborer and not any other work
Under 2. That it is against the debtors will 2. This article, like Article 273, punishes a form of
Compulsion 3. That the purpose is to require or slavery, but Article 274 does not distinguish whether
in Payment enforce the payment of a debt the victim is a minor or not
3. Under this article it is the debtor who is compelled to
work for the offender, while in Article 273 it is the
minor
275 Acts Punishable: A Mayor 1. Paragraph 2 of this article applies only when
Abandonme 1. Failing to render assistance to any someone is accidentally injured by the accused
nt of person whom offender finds in an 2. It is immaterial that the offender did not know that the
Persons in uninhabited place wounded or in child is under 7 years old
Danger and danger of dying when he can render 3. Paragraph 3 applies to one who found a lost child
Abandonme such assistance without detriment 4. The child under 7 years of age must be found by the
nt of Ones to himself, unless such omission accused in an unsafe place
Own Victim shall constitute a more serious
offense
a. The place is uninhabited
b. The accused found there a
person wounded or in danger
of dying
c. The accused can render
assistance without detriment to
himself
d. The accused fails to render
assistance
2. Failing to help or render assistance
to another whom the offender has
accidentally wounded or injured
3. Failing to deliver a child, under 7
years of age whom the offender has
found abandoned, to the authorities
or to his family, or by failing to take
him to a safe place
276 1. That the offender has the custody of A Mayor and a 1. When there is intent to kill this article does not apply
Abando- a child fine not 2. Intent to kill cannot be presumed from the death of a
ning a Minor 2. That the child is under 7 years of exceeding child
age P500 a. Crimes against Persons intent to kill is
3. That he abandons such child presumed
4. That he has not intent to kill the PC medium b. Crimes against Security intent to kill is not
child when the latter is abandoned and maximum presumed
results in 3. A permanent, conscious and deliberate abandonment
Qualifying Circumstances: death of minor is required by this article
1. When death of the minor resulted PC minimum 4. Parents guilty of abandoning their children shall be
from such abandonment, or and medium deprived of parental authority
2. if the life of the minor was in danger endanger life
because of the abandonment of minor

277 Acts Punished: A Mayor and a 1. Rear bring to maturity by educating, nourishing,
Abandon- 1. By delivering a minor to a public fine not 2. Only the person charged with the rearing or
ment of institution or other persons without exceeding education of the minor is liable
Minor by the consent of the one who P500 3. Article 276 Distinguished from Article 277
Person entrusted such minor to the care of a. Article 276 the custody of the offender is
Entrusted the offender or, in the absence of general; Article 277 the custody of the offender
with His that one, without the consent of the is specific (custody for the rearing or education
Custody; proper authorities of minor)
Indifference a. The offender has charge of the b. Article 276 minor is under 7; Article 277
of Parents rearing/education of a minor minor is under 21 [18]
b. He delivers minor to a public c. Article 276 minor is abandoned in such a way
institution or other persons as to deprive him of the care and protection that
c. The one who entrusted such his tender years need; Article 277 minor is
child to the offender has not delivered to a public institution or other person
consented to such act; or if the 4. Failure to give education must be due to deliberate
one who entrusted such child desire to evade such obligation
to the offender is absent, the
proper authorities have not
consented to it
2. By neglecting his (offenders)
children by not giving them the
education which their station in life
requires and financial condition
permits
a. That the offender is a parent
b. That he neglects his children
by not giving them education
c. That his station in life requires
such education and his
financial condition permits it
278 Acts Punished: PC in 1. Exploitation of minors distinguished from Inducing a
Exploitation 1. By causing any boy or girl under 16 minimum and minor to abandon his home
of Minors to perform any dangerous feat of medium and a a. Exploitation of minors if the purpose is to follow
balancing, physical strength or fine not any of the mentioned callings; Inducing Minor if
contortion, the offender being any exceeding there is no such purpose
person P500 b. Exploitation victim must be under 16; Inducing
2. By employing children under 16 minor minor under 21 [18]
who are not the children or Maximum 2. Offender shall be deprived of parental authority or
descendants of the offender in period if guardianship
exhibitions of acrobat, gymnast, delivery shall 3. Exploitation of minors must refer to act endangering
rope walker, diver, or wild-animal have been the life or safety of the minor
tamer, the offender being an made in 4. Qualifying Circumstance if delivery is made in
acrobat, etc. or circus manager or consideration consideration of any price, compensation or promise
person engaged in a similar calling of any price,
3. By employing any descendant compensation,
under 12 in dangerous exhibitions or promise
enumerated in the next preceding
paragraph, the offender being
engaged in any of the said callings
4. By delivering a child under 16
gratuitously to any person following
any of the calling enumerated in
paragraph 2, or to any habitual
vagrant or beggar, the offender
being an ascendant, guardian,
teacher, or person entrusted in any
capacity with the care of such child
5. By inducing any child under 16 to
abandon the home of its
ascendants, guardians, curators, or
teachers to follow any person
engaged in any of the callings
mentioned in paragraph 2 or to
accompany any habitual vagrant or
beggar, the offender being any
person

279 The imposition of the penalties


Additional prescribed in the preceding articles, shall
Penalties not prevent the imposition upon the
same person of the penalty provided for
any other felonies defined and punished
by this Code.
280 1. That the offender is a private person A Mayor and 5. If the offender is a public officer, the crime would be
Qualified 2. That he enters the dwelling of fine note violation of domicile
Trespass to another exceeding 6. Lack of permission does not amount to prohibition,
Dwelling 3. That such entrance is against the P1,000 there must be opposition on the part of the owner of
latters will the house to the entry of the accused
PC medium 7. Prohibition may be implied in certain instances (e.g.
Exceptions: and maximum considering time, door was closed, etc.)
1. If the entrance to anothers dwelling and fine not 8. Prohibition must be in existence prior to or at the time
is made for the purpose of exceeding of the entrance
preventing some serious harm to P1,000 9. What is intended to be protected and preserved is the
himself, the occupants of the committed by privacy of ones dwelling
dwelling or a 3rd person means of 10. Violence does not refer to persons only
2. If the purpose is to render some violence 11. Violence or intimidation may take place immediately
service to humanity or justice after the entrance
3. If the place where entrance is made 12. Trespass may be committed by owner of dwelling
is a caf, tavern, inn, and other 13. If there is no overt act to commit another crime, the
public houses, while the same are crime is only trespass to dwelling
still open

Qualifying Circumstance if the offense


is committed by means of violence or
intimidation

Dwelling Place any building or


structure exclusively devoted for rest and
comfort
281 1. That the offender enters the closed A Menor or a 1. Premises distinct and definite locality
Other Forms premises or the fenced estate of fine not 2. Art 281 Distinguished from Trespass to Dwelling:
of Trespass another exceeding a. Trespass offender is private person; Other
2. That the entrance is made while P200, or both Trespass any person
either of them is uninhabited b. Trespass offender enters a dwelling house;
3. That the prohibition to enter be Other Trespass enters closed premises or
manifest fenced in estate
4. That the trespasser has not secured c. Trespass inhabited; Other Trespass
the permission of the owner or the uninhabited
caretaker thereof d. Trespass against the will of the owner; Other
Trespass without securing permission of owner
or caretaker
e. Trespass prohibition is express/implied; Other
Trespass prohibition to enter is manifest
282 Acts Punished: Penalty next 1. Penalty will depend on whether or not offender
Grave 1. By threatening another with the lower in attained his purpose; if the threat is not subject to a
Threats infliction upon his person , honor or degree than condition, the penalty is fixed
property or that of his family of any that 2. Qualifying Circumstances:
wrong amounting to a crime and prescribed by a. Threat made in writing
demanding money or imposing any law for the b. Threat made thru a middleman
other condition, even thought not crime he 3. Third form of grave threats must be serious and
unlawful, and the offender attained threatened to deliberate
his purpose commit 4. If the threat is made in a heat of anger, it is not
a. That the offender threatens Penalty lower punished under this article
another person with the by 2 degrees 5. If the condition is not proved, it is grave threats under
infliction upon the latters if offender sub-paragraph 2
person, honor or property, or did not attain 6. Essence of the crime of threats is intimidation
upon that of the latters family, his purpose 7. The act threatened to be committed must be wrong
of any wrong 8. Grave threats may be committed even if the
b. That such wrong amounts to a Maximum complainant is absent when challenge is made
crime Period if 9. Crime of grave threats is consummated as soon as
c. That there is a demand for threat in the threats come to the knowledge of the person
money or that any other writing or thru threatened
condition is imposed, even a middleman 10. Threats made in connection with the commission of
though not unlawful other crimes are absorbed by the latter.
d. That the offender attains his A Mayor and a 11. The offender in grave threats does not demand the
purpose fine not delivery on the spot of the money or other personal
2. By making such threat without the exceeding property asked of him (crime of robbery)
offender attaining his purpose P500 if no
3. By threatening another with the condition
infliction upon his person, honor or
property or that of his family of any
wrong amounting to a crime, the
threat not being subject to a
condition
a. That the offender
threatens another person
with the infliction upon the
latters person, honor, or
property, or upon the
latters family, of any
wrong
b. That such wrong amounts
to a crime
c. That the threat is not
subject to a condition
283 1. That the offender makes a threat to A Mayor 1. Light threats are committed in the same manner as
Light commit a crime grave threats, except that the act threatened to be
Threats 2. That the wrong does not constitute committed should not be a crime
a crime 2. Blackmailing may be punishable under this article
3. That there is a demand for money
or that other condition is imposed,
even though not lawful
4. That the offender has attained or
not attained his purpose
284 Required to Give Bail not to Molest Destierro Compared with Article 35
Bond for Another: 1. Art. 35 is a distinct penalty which provides for bond to
Good 1. When he threatens another under keep the peace; this article provides for bond for good
Behavior the circumstances mention in Article behavior
282 2. Article 35 not made applicable to any particular case;
2. When he threatens another under this article applicable only to cases of grave and light
the circumstances mention in Article threats
283 3. Failure to give in Article 35 detained; this article
destierro

285 1. By threatening another with a A Menor 1. Article 285 compared with Article 282 and 283
Other Light weapon, or by drawing such minimum or a a. Article 285 Par. 2 is similar to 3rd form of grave
Threats weapon in a quarrel, unless it be in fine not threats because the harm threatened to be
lawful self-defense exceeding committed is a crime
a. Threatening to draw a weapon, P200 b. Article 285 Par. 3 is similar to light threats,
even if there is no quarrel because harm threatened to be committed is not
b. Drawing a weapon in a a crime
quarrel, which is not in lawful c. Article 285 there is no demand for money or
self-defense condition or threat is not deliberate
2. By orally threatening another, in the 2. Threats, which ordinarily would be grave threats, if
heat of anger, with some harm made in heat of anger, may fall under this article
constituting a crime, without 3. Light threats may be committed where the person to
persisting in the idea involved in his whom it is directed is absent
threat
3. By orally threatening to do another
any harm not constituting a felony
286 Ways to Commit: PC and a fine 1. What is prevented must not be prohibited by law
Grave 1. By preventing another, by means of not exceeding 2. The act of preventing by force must be made at the
Coercions violence, threats or intimidation, P6,000 time the offended party was doing or about to do the
from doing something not prohibited act to be prevented
by law Penalty next 3. If the act was already done when violence is exerted,
2. By compelling another, by means of higher in the crime is unjust vexation.
violence, threats or intimidation, to degree 4. Compelling another to do something includes the
do something against his will, violation of offenders act of doing it himself while subjecting
whether it be right or wrong right of another to his will
suffrage; or 5. When the complainant is in actual possession of a
Elements: committed to thing, even if he has not right to that possession,
1. That a person prevented another compel compelling him by means of violence to give up
from doing something not prohibited another to possession, even by owner, is grave coercion
by law, or that he compelled him to perform any 6. Not intimidation by display of force, if arms are not
do something against his will, be it religious act; used
right or wrong or committed 7. The force or violence must be immediate, actual or
2. That the prevention or compulsion to prevent imminent
be effected by violence, threats or another from 8. There is no grave coercion when the accused acts in
intimidation performing good faith in performance of duty
3. That the person that restrained the any religious 9. Purpose of Law enforce the principle that no person
will and liberty of another had not act may take the law into his own hands
the authority of law or the right to do 10. Coercion is consummated even if the offended party
so, or, in other words, that the did not accede to the purpose of the coercion
restraint shall not be made under
authority of law or in the exercise of
lawful right
Coercion Distinguished from Illegal
Detention:
- illegal detention requires
actual confinement or
restraint of the person

287 1. That the offender must be a creditor A Mayor in 1. Actual physical violence need not be employed
Light 2. That he seizes anything belonging minimum and 2. Unjust vexation includes any human conduct which,
Coercions to his debtor fine equivalent although not productive or some physical or material
3. That the seizure of the thing be to value of harm would, however, unjustly annoy or vex an
accomplished by means of violence thing, but in innocent person
or a display of material force no case less 3. There is no violence or intimidation in unjust vexation
producing intimidation than P75 4. Difference between grave and light coercion: use of
4. That the purpose of the offender is A Menor or a violence
to apply the same to the payment of fine P5-P200, 5. When the act of the accused has no connection with
the debt or both any previous acts of violence, it is only unjust vexation
other coercion
or unjust
vexation
288 1. By forcing or compelling, directly or A Mayor or a 1. Laborers or employees have the right to receive just
Other indirectly, or knowingly permitting fine ranging wages in legal tender
Similar the forcing or compelling of the from P200 - 2. Inducing an employee to give up any part of his
Coercions laborer or employee of the offender P500, or both wages by force, stealth, intimidation, threat or by any
to purchase merchandise or other means is unlawful under the Labor Code, not
commodities of any kind under the RPC
a. That the offender is any
person, agent or officer of any
association or corporation
b. That he or such firm or
corporation has employed
laborers or employees
c. That he forces or compels,
directly or indirectly, or
knowingly permits to be forced
or compelled, any of his or its
laborers or employees to
purchase merchandise or
commodities of any kind from
him or from said firm or
corporation
2. By paying wage due his laborer or
employee by means of tokens or
objects other than the legal tender
currency of the Philippines, unless
expressly requested by such laborer
or employee
a. That the offender pays the
wages due a laborer or
employee employed by him by
means of tokens or objects
b. That those tokens or objects
are other than the legal tender
currency of the Philippines
c. That such employee or laborer
does not expressly request
that he be paid by means of
tokens or objects
289 1. That the offender employs violence A Mayor and a 1. The act should not be a more serious offense,
Formation, or threats, in such a degree as to fine not otherwise it shall be punished under another article
Maintnance, compel or force the laborers or exceeding 2. Peaceful picketing is part of freedom of speech and is
and employers in the free and legal P300 not prohibited
Prohibition exercise of their industry or work 3. Employing violence or making threats by picketers
of Combina- 2. That the purpose is to organize, may make them liable for coercion
tion of maintain or prevent coalitions of 4. Preventing employee from joining any registered labor
Capital or capital or labor, strike of laborers or organization is punished under the LC and not under
Labor lockout of employers the RPC
290 1. That the offender is a private PC in 1. Seize to place in the control of someone a thing or
Discovery of individual or even a public officer minimum and to give him the possession thereof
Secrets not in the exercise of his official medium and a 2. There must be a taking possession of papers or
Thru Seizure functions fine note letters of another, even for a short time only
of 2. That he seizes the papers or letters exceeding 3. The purpose of the offender must be to discover the
Correspond of another P500 if secrets of another
ence 3. That the purpose is to discover the offender 4. The offender must be informed of contents of papers
secrets of such another person reveals or letters
4. That offender is informed of the secrets 5. This article does not require that the offended party
contents of the papers or letters be prejudiced
seized A Mayor and a 6. Qualifying Circumstance: revealing the secret
fine not 7. Distinguished from Public Officer Revealing Secrets
Exception: Article 290 not applicable to exceeding of Private Individual (Article 230):
parents, guardians, or persons entrusted P500 if a. Article 230 public officer comes to know
with the custody of minors with respect to offender shall secrets by reason of his office
papers or letters of the children or minors not reveal b. Article 290 private individual who seizes
placed under their care or custody, or to such secrets papers of another to discover secrets of latter
spouses with respect to the papers or
letters of either of them

291 1. That offender is a manager, A Mayor and 1. Secrets must be learned by reason of their
Revealing employee or servant fine not employment
Secrets with 2. That he learns of the secrets of his exceeding 2. The secrets must be revealed by the offender
Abuse of principal or master in such capacity P500 3. If the offender does not reveal the secrets, the crime
Office 3. That he reveals such secrets is not committed
4. Damage is not necessary under this article
292 1. That offender is a person in charge, PC minimum 1. Secrets must relate to manufacturing processes
Revelation employee or workman of a and medium 2. The act constituting the crime is revealing the secret
of Industrial manufacturing or industrial and a fine not of the industry or employer
Secrets establishment exceeding 3. Revelation may be made after employee has ceased
2. That the manufacturing or industrial P500 to be connected with the establishment
establishment has a secret of the 4. Prejudice is an essential element of the offense
industry which the offender has
learned
3. The offender reveals such secrets
4. That prejudice is caused to the
owner
293 Classification: 1. The property taken must be personal property and not
Who are 1. Robbery with violence against, or real property.
Guilty of intimidation of persons (RVAIP) 2. Prohibitive articles may be subject matter of robbery
Robbery 2. Robbery with the use of force upon 3. The property must belong to another
things (RFUT) 4. Ownership is not necessary; the possession of
a. Robbery in Inhabited House or property is sufficient
Public Building or Edifice 5. Naming of the owner is a matter of essential
devoted to Public Worship description of the crime of robbery with homicide and
b. Robbery in Uninhabited House not in RVAIP or RFUT
or in a Private Building 6. The personal property is taken against will of owner
7. Taking must be unlawful
Elements of Robbery in General: 8. Unlawful Taking is complete:
1. That there be personal property a. RVAIP from moment offender gains
belonging to another possession of the thing
2. That there is unlawful taking of that b. RFUT thing must be taken out of building
property 9. Taking means depriving offended party of ownership
3. That the taking must be with intent of thing taken with character of permanency
to gain 10. Intent to gain is presumed from unlawful taking of
4. That there is violence against or personal property
intimidation of any person, or force 11. Intent to gain and personal property belonging to
upon anything another must concur
12. Violence must be against person of offended party
Those Guilty of Robbery Any person and not upon thing taken
who, with intent to gain, shall take any 13. Intimidation need not be threat of bodily harm
personal property belonging to another, 14. General Rule: Violence or intimidation must be
by means of violence against or present before taking personal property is complete
intimidation of any person, or using force Exception: When violence results in (1) homicide, (2) rape,
upon anything, shall be guilty of robbery (3) intentional mutilation, or (4) any of the serious physical
injuries penalized in par. 1 and 2 of Art. 263, taking of
Distinctions Between Effects of personal property is complexed with any of those crimes
Employment of VAIAP and those of use under Art. 294, even if taking was already complete when
FUT: violence was used by the offender
1. Whenever violence against or 15. Taking of property need not be immediately after the
intimidation of any person is used, intimidation
the taking is always robbery; If there 16. R.A. 6539 is the law applicable when property taken
is no violence or intimidation, but in robbery is a motor vehicle
only FUT, taking is robbery if force
is used to either enter building or to
break doors, etc.

2. In RVAIP, value of personal


property is immaterial; penalty
depends on:
a. result of violence used
b. existence of intimidation only

3. In RFUT, the penalty is based on:


a. Value of property taken
b. On whether or not the
offenders carry arms

In RFUT in an uninhabited building, the


penalty is based on the value of the
property taken
294 Acts Punished: RP to death Robbery with Homicide
Robbery 1. When by reason or on occasion of paragraph 1 1. Crime defined in this article is a special complex
with robbery, crime of homicide is (no. 1 and 2) crime
Violence committed 2. On the occasion or by reason means that it must
Against or 2. When robbery is accompanied by RT medium to be committed in the course of or because of the
Intimidation rape or intentional mutilation or RP robbery
of Persons arson paragraph 2 3. Robbery and homicide are separate offenses, when
3. When by reason or on occasion of (no. 3) the homicide was not committed on occasion or by
such robbery, any of the physical reason of robbery
injuring resulting in insanity, RT 4. Homicide should be understood in general sense
imbecility, impotency or blindness is paragraph 3 5. Juridical concept of robbery with homicide does not
inflicted (no. 4) limit taking of life to 1 single victim or to ordinary
4. When by reason or on occasion of homicide all homicides or murders are merged in
such robber, any of the physical PM maximum the composite, integrated whole that is robbery with
injuries resulting in loss of use of to RT medium homicide so long as all the killings were perpetrated
speech or the power to hear or to paragraph 4 by reason or on the occasion of the robbery
smell, or the loss of an eye, a hand, (no. 5 and 6) 6. There is no such crime as robbery with murder
a foot, an arm, or a leg or the loss of 7. Robbery with homicide in dwelling does not require
the use of any such member or PC maximum that RFUT is first committed
incapacity for the work in which the to PM medium 8. An intent to take personal property belonging to
injured person is theretofore paragraph 5 another with intent to gain must precede killing
habitually engaged is inflicted (no. 7) 9. Homicide may precede robbery or may occur after
5. If the violence or intimidation robbery
employed in the commission of the 10. The killing of any person by reason of or on occasion
robbery is carried to a degree of robbery is punished by highest penalty regardless
clearly unnecessary for the of the person killed, and even if death supervened
commission of the crime due to an accident.
6. When in the course of its execution, 11. Where homicide is not proved, the crime is only
the offender shall have inflicted robbery and vice versa
upon any person not responsible for 12. An accessory to robbery with homicide must have
the commission of the robbery any knowledge of the commission of both crimes to be
of the physical injuries in liable, not just robbery
consequence of which the person
injured becomes deformed or loses Robbery with Rape
any other member of his body or 1. Even if the rape is committed at another place, it is
loses the use thereof or becomes ill still robbery with rape
or incapacitated for the performance 2. There is no such crime as robbery with attempted
of the work in which he is habitually rape, because robbery cannot be a necessary means
engaged for more than 90 days or to commit attempted rape or vice versa
the person injured becomes ill or 3. When taking of personal property is an independent
incapacitated fro labor for more than act following defendants failure to consummate the
30 days rape, there are 2 crimes: theft and attempted rape
7. If the violence employed by the 4. Additional rapes committed on same occasion of
offender does not cause any of the robbery will not increase penalty
serious physical injuries defined in 5. If rape and homicide with robbery co-exist, the rape
Art. 263, or if the offender employs will be considered as an aggravating circumstance
intimidation only
Robbery Under Paragraph 5:
Requisites of Robbery under Second 1. Violence/intimidation need not be present at any time
Case of Paragraph 4: before or at exact moment when object taken
1. That any of the physical injuries 2. Reason: Asportation is a complex fact, a whole
defined in paragraphs 3 and 4 of divisible into parts, a series of acts, in course of which
Art. 263 was inflicted in the course personal violence/intimidation may be injected
of the robbery 3. In robbery with intimidation, there must be acts done
2. That any of them was inflicted upon by the accused which, either by their own nature or by
any person not responsible for the reason of the circumstances under which they are
commission of the robbery executed, inspire fear in person against whom they
are directed
RVAIP under Paragraph 5 of Art. 294
- known as simple robbery,
because the violence against
any person does not result in
homicide, rape, intentional
mutilation, or any serious
physical injuries that give rise
to a special complex crime
Threats to Extort Money Distinguished
from Robbery Thru Intimidation:
1. Both, there is intimidation by
offender
2. Both, purpose is identical: to obtain
gain
3. In robbery, intimidation is actual and
immediate; In threats, intimidation is
conditional or future
4. In robbery, intimidation is personal;
In threats, it may be done thru an
intermediary
5. In robbery, intimidation is directed
only to person of victim; In threats,
intimidation may refer to person,
honor or property of offended party
or that of his family
6. In robbery, gain of culprit is
immediate; in threats, gain is not
immediate

Robbery with Violence Distinguished


from Grave Coercion:
1. Both, there is violence used by
offender
2. In robber, there is intent to gain; in
grave coercion, there is not such
element

Robbery and Bribery Distinguished:


1. Robbery if victim did not commit a
crime and is intimidated with arrest
and/or prosecution to deprive him of
his personal property; Bribery when
victim has committed a crime and
give money or gift to avoid arrest or
prosecution
2. In robbery, victim is deprived of
money/property by force or
intimidation; in bribery, he parts with
money/property in a sense
voluntarily
295 Qualifying Circumstances in RVAIP: Maximum 1. Any of the qualifying circumstances must be alleged
Robbery 1. in an uninhabited place, or period of 2. Being qualifying, it cannot be offset by a generic
with 2. by a band, or proper mitigating circumstance
Physical 3. by attacking a moving train, street penalties 3. The intimidation with use of firearm qualifies only
Injuries, car, motor vehicle or airship, or robbery on a street, road, etc.
committed 4. by entering passengers 4. Article 295 does not apply to robbery with homicide,
Uninhabited compartments in a train, or in any or rape, or serious physical injuries under par. 1 or
Place and manner taking the passengers Art. 263
by a band, thereof by surprise in the respective
or use of conveyances
Firearm 5. on a street, road, highway, or alley,
and the intimidation is made with
the use of firearms
296 Outline: Maximum 1. To avoid liability, there must be proof that he made an
Definition of 1. When at least 4 armed malefactors period of endeavor to prevent the assault committed by another
a Band and take part in commission of a corresponding member of the band, in order that he may not be held
Penalty robbery, it is deemed to be penalty liable for such assault
Incurred committed by a band provided by 2. Clubs are considered as arms
2. When any of the arms used in the law, without 3. When the robbery was not committed by a band, the
commission of robber is not prejudice to robber who did not take part in the assault by another
licensed, the penalty upon ALL the criminal is not liable for that assault
malefactors shall be the maximum liability for 4. When robbery was not by a band and homicide was
period of corresponding penalty illegal not determined by the accused when they plotted the
provided by law, without prejudice possession of crime, the one who did not participate in the killing is
to criminal liability for illegal such liable for robbery only
possession of such unlicensed unlicensed 5. When there is conspiracy to commit homicide and
firearms firearms robbery, all the conspirators, even if less than 4
3. Any member of a band who was armed men, are liable for special complex crime of
present at the commission of a robbery with homicide
robbery by the band, shall be 6. Member must be present at the commission of the
punished as principal of any of the robbery to be held liable
assaults committed by the band, 7. Proof of conspiracy not necessary when 4 or more
unless it be shown that he armed persons committed robbery
attempted to prevent the same 8. Use of firearm, whether licensed or unlicensed, in
making the intimidation is a qualifying circumstance in
Requisites for Liability for Acts of the any of the paragraphs 3, 4 and 5 of Art. 294 is
Other Members of the Band: committed on a street, etc.
1. That he was a member of the band
2. That he was present at commission
of a robbery by that band
3. That the other members of the band
committed an assault
4. That he did not attempt to prevent
the assault
297 RT maximum 1. Homicide is used in its generic sense
Attempted to RP, unless 2. Penalty is the same, whether attempted or frustrated
and homicide 3. Not attempted or frustrated if there is not overt act of
Frustrated committed robbery
Robbery shall deserve 4. Robbery with Homicide and attempted or frustrated
Committed a higher robbery with Homicide are special complex crimes
Under penalty under 5. Article 48 is applicable when offense committed is
Certain the RPC attempted or frustrated robbery with serious physical
Circumstanc injuries
es

337 1. Offended party is a virgin, which is 1. People vs. Balbar (direct assault and act of
Qualified presumed if she is unmarried and of lasciviousness in a classroom where offended party
Seduction good reputation conduct her classes) the presence or absence of
2. that she must be over 12 and under lewd designs is inferred from the nature of the acts
18 years of age themselves and the environmental circumstances.
3. that the offender has sexual Considering the manner, place and time under which
intercourse with her the acts were done, lewd designs can be hardly
4. That there is abuse of authority, attributed to Balbar.
confidence or relationship on the 2. US vs. SUAN there is no seduction when the
part of the offender offended party had other illicit relationships with other
men. SEDUCTION lies on the chaste character or the
woman.
338 1. That the offended party is over 12 A Mayor 1. If the girl is under 12, the crime is rape; if she is over
Simple and under 18 years of age 18, and there is no force or intimidation or she is not
Seduction 2. That she must be of good unconscious or otherwise deprived of reason, there is
reputation, single or widow no crime, even if deceit was used
3. That the offender has sexual 2. Virginity of the offended party is not required
intercourse with her 3. There must be sexual intercourse, otherwise, the
4. That it is committed by means of crime is acts of lasciviousness
deceit 4. A man is liable though willing to marry girl seduced by
him
5. Promise of marriage by a married man or after sexual
intercourse is not seduction
6. There is no continuing offense of seduction
7. Purpose: to punish the seducer
8.
339 1. That the offender commits acts of A Mayor 1. Male cannot be offended party in this crime
Acts of lasciviousness or lewdness 2. It is necessary that crime is committed under
Lasciviousn 2. That the acts are committed upon a circumstances which would make it qualified or simple
ess with woman who is a virgin or single or seduction had there been sexual intercourse, instead
Consent of widow of good reputation, under 18 of acts of lewdness only
Offended years of age but over 12 years, or a 3. Distinguished from Acts of Lasciviousness (336)
Party sister or descendant regardless of a. Both treat of acts of lasciviousness
her reputation or age b. Art. 336 acts are committed under
3. That the offender accomplishes the circumstances which, had there been carnal
acts by abuse of authority, knowledge, would amount to rape
confidence, relationship, or deceit c. Art. 339 acts of lasciviousness are committed
under the circumstances which, had there been
carnal knowledge, would amount to either
qualified seduction or simple seduction
340 1. Offender is person under age PM to 1. Habituality or abuse of authority or confidence is not
Corruption 2. Person promotes or facilitates satisfy lust of necessary
of Minors prostitution or corruption of person another 2. One who casts for his own lust is not liable here
under age 3. Single act without abuse of authority or confidence is
3. Purpose is to satisfy lust of another In addition, now a crime
TAD public 4. Not necessary that unchaste acts have been done
officer or 5. Victim must be of good reputation, not a prostitute, or
employee corrupted person
6. A mere proposal will consummate offense
341 Acts Penalized: PC medium 1. One of the mentioned acts is sufficient to constitute
White Slave 1. Engaging in business of prostitution and maximum the offense
Trade 2. Profiting by prostitution 2. Habituality is not a necessary element
3. Enlisting services of women for the 3. Person engaged in the business of prostitution need
purpose of prostitution not be owner of the house
4. Maintainer or manager of house of ill-repute need not
be present therein at time of raid or arrest to be liable
342 1. That the person abducted is any RT 1. Woman abducted may be married
Forcible woman, regardless of her age, civil 2. Virginity is not an essential element of this crime
Abduction status, or reputation 3. Crimes against Chastity where age and reputation are
2. That the abduction is against her immaterial: rape, acts of lasciviousness agains the will
will or without the consent of offended party, qualified
3. That the abduction is with lewd seduction of sister or descendant, and forcible
designs abduction
4. When female is under 12, it is not necessary that she
be taken against her will
5. Sexual intercourse is not necessary
6. Lewd designs may be shown by the conduct of the
accused
7. when there are several defendants, it is enough that
one has lewd designs
8. Husband is not liable for abduction of wife
9. Nature of Crime: violative of individual liberty of
abducted, her honor and reputation and public order
10. Distinguished from Grave Coercion:
a. In both there is violence or intimidation by
offender
b. Grave Coercion no element of lewd design
11. Distinguished from
343 1. That the offender must be a virgin PC minimum 1. If offender is under 12, it is forcible abduction.
Consented 2. That she must be over 12 and and medium 2. The taking away of the girl need not be with some
Abduction under 18 years of age character of permanency
3. That the taking away of the 3. Abductor need not actually and personally have taken
offended praty must withoher the abducted female from her parents home, or
consent after solicitation or cajolery induced her to abandon it; it is sufficient that he was
from the offender instrumental in her escape
4. That the taking away of the 4. When there was no solicitation of cajolery and no
offended party must be with lewd deceit and the girl voluntarily went with man, there is
designs no crime committed even if they had sexual
intercourse
Purpose of Law: prescribe punishment 5. Actual sexual intercourse is not necessary, since the
for the disgrace to her family and the important element is merely lewd designs
alarm caused therein

Virginity is not to be understood in a


material a sense as to exclude the idea
of abduction of a virtuous woman of good
reputation
344 1. Adultery and concubinage must be 2. The court motu proprio can dismiss the case for
Prosecution prosecuted upon complaint signed failure of the aggrieved party to file the proper
of Crimes of by the offended party complaint
Adultery, 2. Seduction, abduction or acts of 3. Rape may be prosecuted de oficio
Concubinag lasciviousness must be prosecuted 4. Imputation of crime of prostitution against a woman
e, upon complaint signed by: can be prosecuted de oficio.
Abduction, a. Offended party, 5. Adultery or Concubinage
Rape, and b. Her parents, a. Only offended spouse can file the complaint
Acts of c. Grandparents, or b. Both parties, if both alive, must be included in
Lasciviousn d. Guardians in the order in complaint
ess which they are named above c. Both parties must be included even if one of
them is not guilty
Underlying Principle why Crimes against 6. Seduction, Abduction or Acts of Lasciviousness
Chastity Cannot be Prosecuted de oficio: a. The right to file action granted to parents,
out of consideration for the offended grandparents or guardian shall be exclusive of
woman and her family who might prefer all other persons and shall be exercise
to suffer the outrage in silence rather successively
than go thru with the scandal of a public b. It is exclusive, because if the parent, for
trial example, refuse to file, the grandparents cannot
file the complaint
Guardian legal, not natural guardian, c. When offended party is a minor, her parents may
that is, guardian legally appointed in file complaint
accordance with the provision of the law d. When offended party is of age, and she is
complete possession of her mental and physical
faculties, she alone can file the complaint
Pardon in Crimes of Chastity: e. The father, if living, is not necessarily preferred
- only offended party may to the mother in filing the complaint
pardon 7. Complaint must be filed in court, not with the fiscal
- Pardon of offended party who 8. Rape complexed with another crime (a public crime)
is a minor must have need not be signed by offended woman
concurrence of parents 9. Actual Marriage with offended party
(except: when she has no a. Extinguishes criminal action or remits the penalty
parents) already imposed
- Condonation is not pardon in b. Benefits the co-principals, accomplices and
concubinage or adultery; any accessories
act of infidelity subsequent to 10. Marriage between parties guilty of adultery or
condonation constitutes a new concubinage does not extinguish the criminal action
offense

1. Adultery or Concubinage bars


prosecution of crime
- effective if made:
a. Before the institution of the
criminal action, and
b. Both offenders must be
pardoned by both parties
2. Acts of Lasciviousness, Seduction
and Abduction bars prosecution of
crime
a. must be EXPRESS
b. Before the institution of
criminal action

345 Seduction or Abduction: 1. Under the RPC, there is no civil liability for acts of
Civil 1. To indemnify the offended woman lasciviousness
Liability of 2. To acknowledge offspring, unless 2. Reasons for Indemnity in Adultery or Concubinage:
Persons the law should prevent him form acknowledgment of offspring is not legally possible,
Guilty of doing so support is not included, because the person who give
Crimes 3. In every case, to support the birth, if at all, is one of the offenders and not the
Against offspring offended party
Chastity 3. Moral damages are recoverable by both offended
Adultery or Concubinage party and her parents
- Indemnify damages caused to 4. Under the Family Code, since children are classified
offended spouse as legitimate or illegitimate, the man (adultery or
concubinage) should now be sentenced to support
offspring, in addition to indemnity
346 Persons Liable Penalties Crimes Embraces in Chapters 2, 3 and 4:
Liability of - cooperate as accomplices but prescribed in 1. Acts of Lasciviousness
Ascendants, are punished as principals: Chapters 2, 3, 4 2. Qualified Seduction
Teachers TSD
Guardians, 1. Ascendants maximum to
3. Simple Seduction
Teachers or 2. Guardian PSD 4. Acts of lasciviousness with the consent of the
Other 3. Curators Other Person offended party
Persons 4. Teachers, and Special 5. Corruption of minors
Entrusted 5. Any other person, who cooperates disqualification 6. White slave trade
with as accomplice with abuse of from filling office 7. Forcible Abduction
Custody authority or confidential relationship of guardian 8. Consented Abduction
365 1. Offended party must choose the civil liability
Imprudence
and
Neligence
298 Elements: 1. If the violence resulted in the death of the person to be
Execution of 1. Offender has intent to defraud another. defrauded, crime is robbery with homicide and shall be
Deeds by Means 2. Offender compels him to execute or penalized under Art. 294 (1).
of Violence or deliver any public instrument or 2. Art. 298 applies to private or commercial document, but it
Intimidation document does not apply if document is void.
3. The compulsion is by means of threat 3. When the offended party is under obligation to sign, execute
or intimidation or deliver the document under ht elaw, it is not robbery but
coercion.
299 Elements of RWFUT under (A): 1. Entrance into the building by any of the means
Robbery in an 1. Offender entered: mentioned in subdivision (a) is not required in robbery
Inhabited House a. Inhabited House under subdivision (b)
or Public b. Public Building 2. The term door in par. 1, subdivision (b) of Art. 299,
Building or c. Edifice Devoted to Religious refers only to doors, lids or opening sheets of
Edifice Devoted Worship furniture or other portable
to Worhsip 2. Entrance was effected by any of the 3. receptaclesnot to inside doors of house or
following means: building.
a) Through an opening not intended 4. Breaking the keyhole of the door of a wardrobe, which
for entrance or egress; is locked, is breaking a locked furniture.
b) by breaking any wall, roof, or floor, 5. It is theft if the locked or sealed receptacle is not
or door or window; forced open in the building where it is kept or taken
c) by using false keys, picklocks or from to be broken outside.
similar tools; or 6. The penalty depends on the value of property taken
d) by using any fictitious name or and on whether or not offender carries arm. Arms
pretending the exercise of public carried must not be used to intimidate. Liability for
authority. carrying arms is extended to all those who
3. That once inside the building, the offender participated in the robbery, including those without
took personal property belonging to another arms.
with intent to gain. 7. The provision punishes more severely the robbery in
a house used as a dwelling than that committed in an
Elements of RWFUT under (B): uninhabited place, because of the possibility that the
1. Offender is inside a dwelling house, public inhabitants in the former might suffer bodily harm
building, or edifice devoted to religious during the robbery.
worship, regardless of the circumstances
under which he entered it (Does not matter as
to how he entered the place)
2. The offender takes personal property
belonging to another with intent to gain under
any of the following circumstances:
a) Breaking of doors, wardrobes,
chests, or any other kind of sealed
furniture or receptacle;
b) By taking such furniture or objects
away to be broken and opened
outside the place of the robbery.
300 Robbery in an inhabited house, public building To qualify Robbery with Force Upon Things (299)
Robbery in an or edifice dedicated to religious worship is Must be committed in an uninhabited place AND by a band. (300)
Uninhabited qualified when committed by a band and
Place and by a located in an uninhabited place. To qualify Robbery with Violence Against or Intimidation of
Band Persons
Must be committed in an uninhabited place OR by a band. (295)
301 Even if the occupant was absent during the
What is an robbery, the place is still inhabited if the place
Uninhabited was ordinarily inhabited and intended as a
House, Public dwelling.
Building
Dedicated to Dependencies: all interior courts, corrals,
Religious warehouses, granaries or inclosed places
Worship and contiguous to the building or edifice, having an
Their interior entrance connected therewith, and
Dependencies which form part of the whole (Art. 301, par. 2).

Requisites:
(1) Contiguous to the building;
(2) Interior entrance connected therewith;
(3) Form part of the whole.

Orchards and lands used for cultivation or


production are not included in the term
dependencies (Art. 301, par. 3).
302 1. Offender entered an uninhabited place
In an
Uninhabited
Place or Private
Building
303 Cereals are seedlings which are the The penalty is
Robbery of immediate product of the soil. The palay must one degree
Cereals, Fruits or be kept by the owner as seedling or taken lower only when
Firewood in an for that purpose by the robbers. robbery is
Inhabited Place committed by
or Private use of FUT,
Building without
intimidation or
violence against
persons.
304 1 .Offender has in his possession picklocks or Possession of such tools, without lawful cause, is
Possession of similar tools; punished. Actual use is not necessary. Since
picklocks or 2. Such picklock or similar tools are especially picking of locks is one way to gain entrance to
similar tools adopted to the commission of the robbery; commit robbery, a picklock is per se specially
3. Offender does not have lawful case for adapted to the commission of robbery. [People v
such possession. Lopez, GR L-18766, May 20, 1965]
If the person who makes such tools is a locksmith,
the penalty is higher.

305 To include the following:


False Keys 1. Tools mentioned in Art. 304;
2. Genuine keys stolen from the owner;
3. Any key other than those intended by the
owner for use in the lock forcibly opened by
the offender
306 Elements: Presumption of law as to brigandage: all are
Who are 1 There be at least 4 armed persons; presumed highway robbers or brigands, if any of
Brigands 2 They formed a bond of robbers; them carries unlicensed firearm.
3 The purpose is any of the following:
(different from (a) To commit robbery in the highway; The arms carried may be any deadly weapon.
highway or
brigandage in PD (b) To kidnap for the purpose of The main object of the law is to prevent the
532) extortion or to obtain ransom; or formation of band of robbers.
(c) To attain by means of force and
violence any other purpose. The term highway includes city streets.

Brigandage Mere formation of a band for The following must be proved:


any of the above purposes is sufficient proof. (1) Organization of more than 3 armed persons
There is no requirement that the brigands forming a band of robbers
consummate the crime. (2) Purpose of the band is any of those
enumerated in Art. 306.
Cf. Robber in Band Purpose: Commit (3) That they went upon the highway or roamed
robbery and not necessarily in a highway; it is upon the country for that purpose.
necessary to prove that the band actually (4) That the accused is a member of such band.
committed the robbery. Conspiracy to commit
robbery is not punishable.
307 1 There is a band of brigands; It is presumed that the person performing any of the acts
Aiding and 2 Offender knows the band to be of brigands; provided in this article has performed them knowingly, unless the
Abetting a Band 3 Offender does any of the following: contrary is proven.
of Brigands (a) He in any manner aids, abets or
protects such band of brigands; or Any person who aids or protects highway robbers or abets the
(b) He gives them information of the commission of highway robbery or brigandage shall be
movements of the police or other considered as an accomplice.
peace officers; or
(c) He acquires or receives the
property taken by such brigands.
308 Elements of Theft: The theft is consummated & taking completed once the
Who Are Liable 1 Taking of personal property culprit is able to place the thing take under his control, and in
for Theft 2 Said property belongs to another such a situation that he could dispose of it at once.
3 Taking is with intent to gain In accordance with the definition in Art 308, there is no
4 Without the consent of the owner frustrated theft. The offender has either complete control of
5 Accomplished without the use of violence the property (consummated) or without (attempted). Intent to
against or intimidation of persons or force gain is presumed from the unlawful taking of personal
upon things property belonging to another. [Valenzuela v. People (2007)]
If a person takes property of another, believing it to be his
Persons liable for theft: own, presumption of intent to gain is rebutted. Hence, he is
(1) Those who, not guilty of theft.
a) with intent to gain, If one takes personal property openly and avowedly under
b) without violence against or claim of title made in good faith, he is not guilty of theft even
intimidation of though claim of ownership is later found to be untenable.
c) persons nor force upon things, If possession was only material or physical, the crime is
d) take, THEFT.
e) personal property, If possession was juridical, crime is ESTAFA.
f) of another, Selling share of a partner or co-owner is not theft.
g) without the latters consent. Actual or real gain is not necessary in theft.
(2) Those who, The consent contemplated in this article refers to consent
a) having found lost property, freely given, and not mere lack of opposition by owner of the
b) fail to deliver the same to the local property taken.
authorities or to its owner.
It is not robbery when violence is for a reason entirely
(3) Those who,
foreign to the fact of taking.
a) after having maliciously damaged
Gulinao shot Dr. Chua and left. Then he went back & took
the property of another,
Dr. Chuas diamond ring. The crime was Theft and not
b) remove or make use of the fruits
robbery. Circumstances show that the taking was merely an
or object of the damage caused by
afterthought.
them.
(4) Those who, Violence used in killing Dr. Chua had no bearing on the
a) enter an inclosed estate or field taking of the ring.
where Properties were taken after accused has already
b) trespass is forbidden or which carried out his primary criminal intent of killing the victim.
belongs to another and, Considering that the victim was already heavily wounded
c) (c) without the consent of its when his properties were taken, there was no need to
owner, hunt or fish upon the same employ violence against or intimidation upon his person.
or gather fruits, cereals, or other Hence, accused can only be held guilty of the separate
forest or farm products. offense of theft.
One in possession of part of recently stolen property is
It is necessary to prove the following in presumed to be thief of all.
order to establish theft by failure to deliver Lost property: embraces loss by stealing or by act of the
or return lost property: owner or by a person other than the owner, or through some
(1) Time of the seizure of the thing casual occurrence.
(2) It was a lost property belonging to another;
and Corpus Delicti in Theft
(3) That the accused having had the To be caught in possession of the stolen property is not an
opportunity to return or deliver the lost element of the corpus delicti in theft.
property to its owner or to the local authorities, Corpus delicti means the body or substance of the crime,
refrained from doing so. and, in its primary sense, refers to the fact that the crime has
been actually committed.

In theft, corpus delicti has two elements, namely:


(1) that the property was lost by the owner, and
(2) that it was lost by felonious taking.

309 The basis of the penalty in theft is


Penalties (1) the value of the thing stolen, or
(2) the value and nature of the property taken,
or
(3) the circumstances that impelled the culprit
to commit the crime.

If there is no evidence of the value of the


property stolen, the court should impose the
minimum penalty corresponding to theft
involving the
value of P5.00. The court may also take
judicial notice of its value in the proper cases.
310 Theft is qualified if: The penalty for The penalty for qualified theft is 2 degrees higher.
Qualified Theft a) Committed by a domestic servant qualified theft is Theft by domestic servant is always qualified.
b) Committed with grave abuse of 2 degrees There is no need to prove grave abuse of confidence.
confidence higher. The abuse of confidence must be grave. There must be
c) The property stolen is: allegation in the information and proof of a relation, by
1 Motor vehicle reason of dependence, guardianship or vigilance, between
2 Mail matter; or the accused and the offended party that has created a high
3 Large cattle degree of confidence between them, which the accused
4 Consists of coconuts taken from abused.
the premises of a plantation Theft of any material, spare part, product or article by
5 Fish taken from a fishpond or employees and laborers is heavily punished under PD 133.
fishery Motor vehicle: all vehicles propelled by power, other than
d) The property is taken on the muscular power. Theft of motor vehicle may now fall under
occasion of fire, earthquake, the Anti-Carnapping Law.
typhoon, volcanic eruption, or any When the purpose of taking the car is to destroy it
other calamity, vehicular accident
by burning it, the crime is arson.
or civil disturbance.
If a private individual took a letter containing postal money
order it is qualified theft. If it was the postmaster, to whom
the letter was delivered, the crime would be infidelity in the
custody of documents.
Regarding the theft of coconuts and fish, what matters is not
the execution, but the location where it is taken. It should be
in the plantation or in the fishpond.
311 Theft of property of the National Museum and
Theft of the National Library has a fixed penalty regardless
Property of the of its value.
National Library But if it was with grave abuse of confidence,
and National the penalty for qualified theft shall be
Museum imposed.
312 Acts punishable under Art. 312 If no violence or intimidation only civil liability exists.
Occupation of a) Taking possession of any real property Violence or intimidation must be the means used in
Real Property or belonging to another by means of occupying real property or in usurping real rights.
Usurpation of violence against or intimidation of Art. 312 does not apply when the violence or intimidation
Real Rights in persons; took place subsequent to the entry into the property.
Property b) Usurping any real rights in property Art. 312 does not apply to a case of open defiance of the
belonging to another by means of writ of execution issued in the forcible entry case.
violence against or intimidation of Criminal action for usurpation of real property is not a bar to
persons. civil action for forcible entry.
RA 947 punishes entering or occupying public agricultural
Elements land including lands granted to private individuals.
(1) Offender takes possession of any real
property OR usurps any real rights in
property;
(2) Real property or real rights belong to
another;
(3) Violence against or intimidation of
persons is used by the offender in
occupying real property or usurping real
rights in property;
(4) There is intent to gain.
313 (1) That there be boundary marks or
Altering monuments of towns, provinces, or
Boundaries or estates, or any other marks intended to
Landmarks designate the boundaries of the same.
(2) That the offender alters said boundary
marks.

Provision does not require intent to gain. The


word alter may include:
a) Destruction of stone monument
b) Taking it to another place
c) Removing a fence
314 (1) That the offender is a debtor; i.e. he has Actual prejudice, not intention alone, is required. Even if the
Fraudulent obligations due and payable. debtor disposes of his property, unless it is shown that it
Insolvency (2) That he absconds with his property has actually prejudiced his creditor, conviction will not lie.
(3) That there be prejudice to his creditors. Fraudulent concealment of property is not sufficient if the
debtor has some property with which to satisfy his
obligation.
Abscond does not require that the debtor should depart
and physically conceal his property. Real property could be
the subject matter of Art. 314.
The person prejudiced must be creditor of the offender.

315 Elements of Estafa in General:


Estafa (1) That the accused defrauded another PAR 1(A)
a) By abuse of confidence; or Damage or prejudice must be capable of estimation,
b) By means of deceit because it is the basis of the penalty.
(2) That damage or prejudice capable of Delivery of anything of value must be by virtue of
pecuniary estimation is caused to the an onerous obligation to do so.
offended party or third person It is not estafa if the thing delivered is not acceptable to the
complainant when there is no agreement as to its quality.
With Unfaithfulness or Abuse of Estafa may arise even if thing delivered is not subject of
Confidence [315, par. 1 (a) (b) (c)] lawful commerce, such as opium.

PAR. 1(A): Altering Substance, Quantity or PAR 1(B)


Quality of Object Subject of Obligation to The 4th element is not necessary when there is evidence of
Deliver misappropriation of goods by the defendant.
(1) Offender has an onerous obligation to Check is included in the word money.
deliver something of value Money, goods or other personal property must be received
(2) That he alters its substance, quality, or by the offender under certain kinds of transaction
quantity transferring juridical possession to him.
(3) That damage or prejudice is caused to
The offender acquires both physical possession and
another
juridical possession when the thing is received by the
(Deceit is NOT an essential element of estafa
offender from the offended party
with abuse of confidence.)
(1) in trust, or
(2) on commission, or
PAR 1(B): Misappropriation and Conversion
(3) for administration,
(1) Money, goods or other personal
Juridical possession: means a possession which
property be received by the offender in
gives the transferee a right over the thing which he may
trust, or in commission, or for
invoke even as against the owner.
administration, or under any other
obligation involving the duty to make
delivery of, or to return, the same;
(2) There be misappropriation or conversion
of such money or property by the
offender, or denial on his part of such
receipt;
(3) Such misappropriation or conversion or
denial is to the prejudice of another; and
(4) There is a demand made by the
offended party to the offender

PAR 1(C): Taking Advantage of Signature in


Blank
(1) Paper with the signature of the offended
party be in blank
(2) Offended party should have delivered it
to the offender
(3) That above the signature of the
offended party, a document is written by
the offender without authority to do so.
(4) That the document so written creates a
liability of, or causes damage to, the
offended party or any third person.

By Means of False Pretenses or Fraudulent


Acts [315, par. 2(a) (b) (c) (d) (e); BP 22]

Elements of Estafa by Means of Deceit


(1) There must be a false pretense,
fraudulent act or fraudulent means;
(2) That such false pretense, fraudulent act
or fraudulent means must be made or
executed prior to or simultaneously with
the commission of the fraud
(3) Offended party must have relied on the
false pretense, fraudulent act, or
fraudulent means; i.e. he was induced to
part with his money or property because
of the false pretense, fraudulent act, or
fraudulent means.
(4) As a result thereof, the offended party
suffered damage.

PAR 2(A): Using Fictitious Name or False


Pretenses at Power, Infulence or Other
Similar Deceits

Ways of committing the offense:


(1) By using fictitious name
(2) By falsely pretending to possess:
a) Power
b) Influence
c) Qualifications
d) Property
e) Credit
f) Agency
g) Business or imaginary transaction
(3) By means of other similar deceits.

It is indispensable that the false statement or


fraudulent representation of the accused:
(1) Be made prior to OR at least
simultaneously with
(2) The delivery of the thing by the
complainant.

PAR 2(B): By Altering the Quality, Fineness or


Weight of Anything Pertaining to Art of
Business

PAR 2(C): By pretending to have bribed any


Government Employee

Manipulation of scale is punished under


the Revised Administration Code
Person would ask money from another
for the alleged purpose of bribing a
government employee but just pocketed
the money.

PAR 2(D): By Postdating a Check or Issuing a


Bouncing Check
(1) Offender Postdated a check, or issued a
check in payment of an obligation;
(2) Such postdating or issuing a check was
done when the offender had no funds in
the bank, or his funds deposited therein
were not sufficient to cover the amount
of the check.
EXC:
a) When postdated checks are
issued and intended by the parties
only as promissory notes
b) When the check is used by a
guarantor

BP 22
1 (a) A person makes or draws and issues
any check to apply on account or for value;
(b) He knows at the time of issuance that he
does not have sufficient funds in or credit with
the drawee bank for the payment of such
check in full upon its presentment; and
The check is subsequently dishonored by
the drawee bank for insufficiency of funds or
credit or would have been dishonored for the
same reason had not the drawer, without any
valid reason, ordered the bank to stop
payment.

2 (a) A person has sufficient funds in or credit


with the drawee bank when he makes or
draws and issues a check
(b) He fails to keep sufficient funds or to
maintain a credit to cover the full amount of
the check if presented within a period of 90
days from the date appearing thereon;
(c) For which reason, the check is dishonored
by the drawee bank.
Where the check is drawn by a corporation,
company or entity, the person or persons who
actually signed the check in behalf of such
drawer shall be liable under this Act.

Through Other Fraudulent Means [315, par.


3 (a) (b) (c)]

PAR. 3(A): By Inducing Another, through


deceit, To Sign Any Document
(1) Offender induced the offended party to
sign a document
(2) Deceit be employed to make him sign
the document
(3) Offended party personally signed the
document
(4) Prejudice be caused.

PAR. 3(B): By Resorting to Some Fraudulent


Practice to Ensure Success in a Gambling
Game

PAR. 3(C): By Removing, Concealing or


Destroying Any Court Record, Office Files,
Document or Any Other Papers
(1) That there be court record, office files,
documents or any other papers
(2) Offender removed, concealed, or
destroyed any of them
(3) Offender had intent to defraud another.
316 Par. 1. By Conveying, Selling, Encumbering,
Other Forms of Or Mortgaging Any Real Property, Pretending
Swindling and to Be the Owner of the Same
Deceits (1) That the thing be immovable, such as a
parcel of land or a building
(2) Offender who is not the owner of said
property should represent that he is the
owner thereof
(3) Offender should have executed an act
of ownership (selling, encumbering or
mortgaging the real property)
(4) Act be made to the prejudice of the
owner or a third person

Par. 2. By Disposing of Real Property as Free


from Encumbrance, Although Such
Encumbrance Be Not Recorded
(1) That the thing disposed of be real
property
(2) Offender knew that the real property
was encumbered, whether the
encumbrance is recorded or not
(3) There must be express representation
by the offender that the real property is
free from encumbrance
(4) Act of disposing of the real property be
made to the damage of another.

Par. 3. By Wrongfully Taking by the Owner of


His Personal Property from its Lawful
Possessor
(1) Offender is the owner of personal
property
(2) Said property is in the lawful possession
of another
(3) Offender wrongfully takes it form its
lawful possessor
(4) Prejudice is thereby caused to the lawful
possessor or third person

Par. 4. By Executing Any Fictitious Contract to


the Prejudice of Another
(ex. A person who simulates a conveyance of
his property to another to defraud his
creditors. If the conveyance is real and not
simulated, the crime is fraudulent insolvency.)

Par. 5. By Accepting Any Compensation for


Services Not Rendered or For Labor Not
Performed.
(1) Accepting a compensation given to
accused for service not rendered
(2) Malicious failure to return the
compensation wrongfully received
(fraud)

Par. 6. By Selling, Mortgaging or Encumbering


Real Property or Properties with Which the
Offender Guaranteed the Fulfillment of his
Obligation as Surety
(1) Offender is a Surety in a bond given in
a criminal or civil action.
(2) He guaranteed the fulfillment of such
obligation with his real property or
properties.
(3) He Sells, mortgages, or, in any other
manner encumbers said real property.
(4) That such sale, mortgage, or
encumbrance is:
a) Without express authority from the
court; or
b) Made before the cancellation of
his bond; or
c) Before being relieved from the
obligation contracted by him.
317 (1) That the offender Takes advantage of Real property is not included because only money, credit and
Swindling of a the inexperience or emotions or feelings personal property are enumerated, and because a minor cannot
Minor of a minor convey real property without judicial authority.
(2) That he induces such minor
a) to Assume an obligation, or
b) to Give release, or
c) to Execute a transfer of any
property right
(3) That the consideration is
a) Some loan of money
b) Credit; or
c) Other personal property
(4) That the transaction is to the detriment
of such minor
318 (1) By Defrauding or damaging another by Any other kind of conceivable deceit may fall under this article.
Other Deceits any other deceit not mentioned in the As in other cases of estafa, damage to the offended party is
preceding articles. required.
(2) By Interpreting dreams, by making
forecasts, by telling fortunes, or by The deceits in this article include false pretenses and fraudulent
taking advantage of the credulity of the acts.
public in any other manner, for profit or
gain.
319 Acts punishable under Art. 319: Chattel mortgage must be valid and subsisting.
Removal, Sale, (1) By knowingly removing any personal
or Pledge of property mortgaged under the Chattel If chattel mortgage does not contain an affidavit of good faith and
Mortgaged Mortgage Law to any province or city is not registered, it is void and cannot be prosecuted under Art
Property other than the one in which it was 319
located at the time of execution of the
mortgage, without the written consent of A person other than the mortgagor who removed the
the mortgagee or his executors, property to another province, knowing it to be mortgaged,
administrators or assigns. may be liable. The removal of the mortgaged personal
(2) By selling or pledging personal property property must be coupled with intent to defraud.
already pledged, or any part thereof, No felonious intent if transfer of personal property is due to
under the terms of the Chattel Mortgage change of residence.
Law, without the consent of the If the mortgagee opted to file for collection, not foreclosure,
mortgagee written on the back of the abandoning the mortgage as basis for relief, the removal of
mortgage and noted on the record property to another province is not a violation of Art 319
thereof in the office of the register of par1.
deeds of the province where such In estafa, the property involved is real property. In sale of
property is located. mortgaged property, it is personal property.

Elements of knowingly removing The consent of the mortgagee must be


mortgaged personal property: (1) in writing,
(1) Personal property is mortgaged under (2) on the back of the mortgage, and (3) noted on the record
the Chatter Mortgage Law. thereof in the office of the register of deeds.
(2) Offender knows that such property is so
mortgaged. Damage is NOT essential.
(3) He removes such mortgaged personal Chattel mortgage may give rise to estafa by means of
property to any province or city other deceit.
than the one in which it was located at
the time of the execution of the
mortgage.
(4) That the removal is permanent.
(5) That there is no written consent of the
mortgagee or his executors,
administrators or assigns to such
removal.

Elements of selling or pledging personal


property already pledged:
(1) That personal property is already
pledged under the terms of the Chattel
Mortgage Law.
(2) That the offender, who is the mortgagor
of such property, sells or pledges the
same or any part thereof.
(3) That there is no consent of the
mortgagee written on the back of the
mortgage and noted on the record
thereof in the office of the register of
deeds.

320
Destructive
Arson

(As amended by
RA 7659, Sec. 10)
327 (1) Offender deliberately caused damage to MALICIOUS MISCHIEF: It is the willful causing of damage to
Who Are the property of another anothers property for the sake of causing damage because of
Responsible (2) Such act does not constitute arson or hate, revenge or other evil motive.
other crimes involving destruction
(3) Act of damaging anothers property be If there is no malice in causing damage, the obligation to pay for
committed merely for the sake of the damages is only civil (Art. 2176)
damaging it.
Damage means not only loss but also diminution of what is a
mans own. Thus, damage to anothers house includes defacing
it. [People v Asido]
328 Special cases of malicious mischief: (qualified
Special Cases of malicious mischief)
Malicious 1) Causing damage to obstruct the
Mischief performance of public functions
2) Using any poisonous or corrosive
substance
3) Spreading infection or contagion among
cattle
4) (4) Causing damage to property of the
National Museum or National Library, or
to any archive or registry, waterworks,
road, promenade, or any other thing
used in common by the public.
329 Other mischiefs not included in Art. 328 are When several persons scattered coconut remnants which
Other Mischiefs punished based on value of the damage contained human excrement on the stairs and floor of the
caused. municipal building, including its interior, the crime committed is
malicious mischief under Art. 329.
If the amount involved cannot be estimated,
the penalty of arresto menor or fine not
exceeding P200 is fixed by law.
330 Committed by damaging any railway, What is the crime when, as a result of the damage caused to
Damage and telegraph, or telephone lines. If the damage railway, certain passengers of the train are killed?
Obstruction to shall result in any derailment of cars, collision, It depends. Art. 330 says without prejudice to the criminal liability
Means of or other accident, a higher penalty shall be of the offender for other consequences of his criminal act.
Communication imposed. (Qualifying Circumstance)
Telegraph/phone lines must pertain to railways.
If there is no intent to kill, the crime is damages to means
of communication with homicide because of the first
paragraph of Art. 4 and Art. 48.
If there is intent to kill, and damaging the railways was the
means to accomplish the criminal purpose, the crime is
murder
331 The penalty is lower if the thing destroyed is a
Destroying or public painting, rather than a public
Damaging monument.
Statues, Public
Monuments or
Paintings
332 Crimes involved in the exemption: The law recognizes the presumed co-ownership of the
Exemption from (1) Theft property between the offender and the offended party.
Criminal Liability (2) Swindling (estafa) There is no criminal, but only civil liability.
in Crimes (3) Malicious mischief Art. 332 does not apply to a stranger who participates in the
Against Property commission of the crime. Stepfather and stepmother are
If the crime is robbery, exemption does not lie. included as ascendants by affinity. [People v Alvarez;
People v Adame]
Persons exempt from criminal liability: Guevarra: An adopted or natural child should also be
(1) Spouses, ascendants and descendants, or considered as included in the term descendants and a
relatives by affinity in the same line. concubine or paramour within the term spouses.
(2) The widowed spouse with respect to the Art. 332 also applies to common-law spouses. [Art. 144,
property which belonged to the deceased CC; People v Constantino]
spouse before the same passed into the See Also: RA 9372: Human Security Act
possession of another.
(3) Brothers and sisters and brothers-in-law
and sisters-in-law, if living together.
333 (1) The woman is married; The offended party must be legally married to the offender
Adultery (2) She has sexual intercourse with a man at the time of the filing of the complaint, even if the
not her husband; marriage be subsequently declared void.
(3) As regards the man with whom she has Each sexual intercourse constitutes a crime of adultery.
sexual intercourse: he must know her to Abandonment without justification is not exempting, but
be married. only mitigating. Both defendants are entitled to this
mitigating circumstance.
Offenders: Married woman AND/OR the man The man, to be guilty of adultery, must have knowledge of
who has carnal knowledge of her, knowing her the married status of the woman.
to be married, even if the M be subsequently A married man who is not liable for adultery, because he
declared void. It is not necessary that there be did not know that the woman is married, may be held liable
a valid M. for concubinage.
Acquittal of one of the defendants does not operate as a
Essence of adultery: Violation of the marital cause of acquittal of the other.
vow Under the law, there is no accomplice in adultery.
Direct proof of carnal knowledge is not necessary.
Gist of the crime: T he danger of introducing
Circumstantial evidence is sufficient. (i.e. love letters signed
spurious heirs into the family, where the rights
by the paramour, photos showing intimate relations,
of the real heirs may be impaired and a man testimony of witnesses)
may be charged with the maintenance of a Pardon by the husband does not exempt the adulterous
family not his own. woman and her paramour from criminal liability for
adulterous acts committed subsequent to such pardon,
because the pardon refers to previous and not to
subsequent adulterous acts.

Effect of Pardon (applies to Concubinage as well)


(1) The pardon must come before the institution of the criminal
prosecution; and
(2) Both the offenders must be pardoned by the offended party.
Act of sexual intercourse subsequent to adulterous conduct
is considered as an implied pardon.
(3) Pardon of the offenders by the offended party is a bar to
prosecution for adultery or concubinage.
(4) Delay in the filing of complaint, if satisfactorily explained,
does not indicate pardon.

Effect of consent: The husband, knowing that his wife, after


serving sentence for adultery, resumed living with her co-
defendant, did nothing to interfere with their relations or to assert
his rights as husband. The second charge of adultery should be
dismissed because of consent.

Agreement to separate may be used as evidence to show


consent by the husband to the infidelity of his wife.

Effect of death of paramour: Offending wife may still be


prosecuted. The requirement that both offenders should be
included in the complaint is absolute only when the two offenders
are alive.
Effect of death of offended party: The proceedings may
continue. Art. 353 seeks to protect the honor and reputation not
only of the living but of dead persons as well.
334 (1) The man must be married; A married man is not liable for concubinage for mere sexual
Concubinage (2) He committed any of the following acts: relations with a woman not his wife.
a) Keeping a mistress in the conjugal A man would only be guilty of concubinage if he appeared
dwelling; to be guilty of any of the acts punished in Art. 334.
b) Having sexual intercourse under A married man who is not liable for adultery because he did
scandalous circumstance with a not know that the woman was married, may be held liable
woman not his wife; for concubinage. If the woman knew that the man was
c) Cohabiting with her in any other married, she may be held liable for concubinage as well.
place;
(3) That as regards the woman, she must Mistress a woman taken by the accused to live with him in the
know him to be married. conjugal dwelling as his mistress/concubine. [People v. Bacon
and People v. Hilao]
Offenders: Married man AND the woman Keeping a mistress in the conjugal dwelling no positive
who knows him to be married. proof of sexual intercourse is necessary.
The married woman only becomes liable Conjugal Dwelling the home of the H and the W even if the
if she knew him to be married prior to wife appears to be temporarily absent on any account.
the commission of the crime. Cohabit to dwell together as husband and wife for a period of
time (i.e. A week, a month, year or longer)
In the 3rd way of committing the crime, mere Scandalous circumstances Scandal consists in any
cohabitation is sufficient. Proof of scandalous reprehensible word or deed that offends public conscience,
circumstances not necessary. redounds to the detriment of the feelings of honest persons, and
gives occasion to the neighbors spiritual damage or ruin. [People
v. Santos]

The dwelling of the spouses was constructed from the


proceeds of the sale of their conjugal properties.
The fact that W never had a chance to reside therein and
that H used it with his mistress instead, does not detract
from its nature. [People v. Cordova (1959)]
It is only when the mistress is kept elsewhere (outside the
conjugal dwelling) that scandalous circumstances become
an element of the crime. [US v. Macabagbag]
Qualifying expression: Sexual act which may be proved by
circumstantial evidence

Scandal produced by the concubinage of husband:


(1) H and mistress live in the same room of a house
(2) They appear together in public,
(3) Perform acts in sight of the community which give rise to
criticism and general protest among the neighbors.

When spies are employed for the purpose of watching the


conduct of the accused and it appearing that none of the
people living in the vicinity has observed any suspicious
conduct, there is no evidence of scandalous circumstances.
[US v. Campos Rueda]
Reason: Adultery is punished more severely than
concubinage because adultery makes possible the
introduction of another mans offspring into the family so
that the offended husband may have another mans son
bearing husbands name and receiving support from him.
336 (1) That the offender commits any act of Lewd obscene, lustful, indecent, lecherous; signifies form
Acts of lasciviousness or lewdness; of immorality which has relation to moral impurity or that
Lasciviousness (2) The act is committed against a person which is carried in wanton manner
of either sex; Motive of lascivious acts is not important because the
(3) It is done under any of the ff. essence of lewdness is in the very act itself.
circumstances: Example: If the kissing etc. was done inside church (which
a) By using force or intimidation; or is a public place), absence of lewd designs may be proven,
b) When the offended party is and the crime is unjust vexation only. But if the kissing was
deprived of reason or otherwise done in the house of a woman when she was alone, the
unconscious; circumstances may prove the accuseds lewd designs.
c) When the offended party is under Absent any of the circumstances of rape under the 3rd
12 years of age or is demented. element, the crime is UNJUST VEXATION. (e.g. touching
of breast).
Lascivious intent is implied from the nature of the act and
the surrounding circumstances.
Consider the act and the environment to distinguish
between Acts of Lasciviousness and Attempted Rape.
Desistance in the commission of attempted rape may
constitute acts of lasciviousness.
No attempted and frustrated acts of lasciviousness.
From the moment the offender performs all the elements
necessary for the existence of the felony, he actually attains
his purpose.
Motive of revenge is of no consequence since the element
of lewdness is in the very act itself.
Example: Compelling a girl to dance naked before a man is
an act of lasciviousness, even if the dominant motive is
revenge, for her failure to pay a debt.

Lascivious Conduct under RA 7610


The elements of sexual abuse under Section 5 (b) of RA 7610
that must be proven in addition to the elements of acts of
lasciviousness are asfollows:
a) The accused commits the act of sexual intercourse or
lascivious conduct.
b) The said act is performed with a child exploited in
prostitution or subjected to other sexual abuse.
c) The child, whether male or female, is below 18 years of
age.

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