CRIMINAL LAW II ATTY.

VALLENTE

COMPARISON OF ARTICLES
TABLE 1
ARBITRARY DETENTION [124] DELAY IN DELIVERY [125] DELAYING RELEASE [126]
­ Crime against fundamental laws of the ­ Crime against fundamental laws of the ­ Crime against fundamental laws of the
state state state
­ Elements: ­ Elements: ­ Elements:
1. PO/E 1. PO/E 1. PO/E
2. Detains a person 2. Detains for some legal ground 2. There is an order /proceeding for
3. W/o legal ground 3. Fails to deliver to proper judicial release of prisoner
à No crime/suspicion or no authorities 3. Offender delays service of notice,
ailment requiring compulsory à Filing of proper complaint performance of order or petition
confinement. ­ Valid arrest w/o warrant for release w/o good reason
­ Invalid arrest w/o warrant ­ Legal in the Beginning ­ Wardens and jailers are likely to violate
­ Illegal from the Beginning ­ Illegal detention if by private individual ­ Penalty is the same for Arbitrary
­ May be committed by imprudence ­ May be waived by person arrested Detention but depends on duration of
­ Illegal detention if by private individual ­ Penalty of offender depends on period delay
­ Penalty depends on period of detention of delay; different periods set for light,
correctional or afflictive crimes
committed by person arrested.

TABLE 2
TREASON [114] ESPIONAGE [117] REBELLION OR COPU D’ ETAT SEDITION [139]
INSURRECTION [134] [134-A]
­ Crime against ­ Crime against ­ Crime against public ­ Crime against public ­ Crime against public
national security national security order order order
­ Committed in time of ­ Committed by ­ Committed in war or ­ Committed by ­ Offenders rise
WAR entering w/o authority peace military, police or publicly and
­ Committed by levying a warship, etc. OR by ­ Requires public PO/E tumultuously [more
war or adherence to public officer uprising and taking ­ Swift attack with than 3 men armed or
enemies, giving aid disclosing up arms violence, threats, provided w/ means of
or comfort confidential info to ­ Purpose is to remove intimidation, strategy violence]
­ Purpose is to deliver representative of allegiance or deprive or stealth ­ Employs force,
whole or part of Phils. foreign country Pres/Congress of ­ Purpose is to seize or intimidation or
to the enemy ­ Information must be power/prerogatives diminish state power unlawful means
­ Requires either 2 confidential, relative ­ Aim is either to ­ May be done w/ or ­ Purpose is to attain
witnesses or to national defense of completely overthrow w/o civil participation any of 5 objects of
confession in open the Philippines. gov’t or effect minor ­ Attack is directed sedition
court ­ Crime not change or prevent against authorities or ­ Purpose may be
­ Can be committed by conditioned on exercise of gov’tal certain facilities political or social
Fil citizens outside citizenship authority. needed for exercise ­ Distinct from
country and resident ­ Committed both in [Insurrection] and possession of insurrection, object of
aliens time of war and ­ Purpose is political gov’t power sedition are more
­ A Continuing crime peace ­ Mere giving of aid & specific while
­ No treason through ­ Committed in many comfort is not insurrection seeks
negligence ways [CA 616] criminal, must be w/ change of a general
­ Absorbs common public uprising and scope.
crimes taking up arms. ­ Essentially involves
­ Absorbs common raising commotions
crimes or disturbances
­ Continuing crime against the state
st
[yes, it may be done ­ 1 form of Direct
while in the cr.] assault if no public
st
­ 1 form of Direct uprising
assault if no public
uprising

1
Jen Laygo
CRIMINAL LAW II ATTY. VALLENTE

TABLE 3
ILLEGAL ASSEMBLIES [146]
­ Crime against public order
­ 2 types:
1. Meeting attended by armed persons to commit crimes
under RPC
2. Audience [armed or not] is incited to commit treason,
rebellion, sedition or direct assault
­ Compared to Inciting to Rebellion or Inciting to Sedition
à Illegal assembly: organizers/leaders & merely present w/
common intent to commit illegal assembly are liable
à Inciting to rebellion/sedition: only those who shall incite
others are liable
­ There must be ACTUAL meeting; it is the meeting and
attendance at such meeting is punished
ILLEGAL ASSOCIATIONS [147]
­ Crime against public order
­ 2 types:
1. Association organized for purpose of committing any
crime punished in RPC
2. Ass’n organized for purpose contrary to public morals.
­ Founders, directors, president and mere members are liable
­ Subversion Compared to Rebellion
à Subversion: punishes affiliation or membership in any
subversive organization. Taking up arms is but a
circumstance that raises the penalty.
à Rebellion: by rising publicly & taking up arms
­ No need for actual meeting, what is punished is the act of
forming or organizing and membership in the association.

TABLE 4
DIRECT ASSAULTS [148]
­ Crime against public order
­ May be committed in 2 ways:
1. W/o public uprising, w/ force or
intimidation, for purposes of
rebellion and sedition
2. W/o public uprising, by
[a]attacking, [b]employing force or
[c]seriously intimidating or
[d]seriously resisting any person
in authority or his agents in
performance or on occasion of
performance of official duty.
­ Always complexed w/ material
consequences [DA w/ murder]
­ Force: need not be serious for PIA but
must be serious for agent.
­ Intimidation/Resistance: must be
serious for both PIA and Agent.
­ Circumstances qualifying: weapon,
offender is a PO/E, laying of hands
­ Cannot be committed during rebellion
­ Absorbs light felonies [slight physical
injury]
INDIRECT ASSAULTS [149
­ Crime against public order
­ Happens only when DA is committed
against a PIA or his agent and a person
comes to his aid then offender uses
force or intimidation upon person
coming to aid.
­ Only applies when direct assault is
upon an AGENT. If DA is upon PIA,
person aiding becomes an agent and
offender is liable for DA upon agent
also. [Ex of Indirect Assault: private
individual coming to the rescue of a
policeman being attacked]
RESISTANCE & DISOBEDIENCE TO A
PERSON IN AUTHORITY OR AGENT [151]
­ Crime against public order
­ 2 types:
1. Resistance and serious
disobedience to person in
authority or agent while in
performance of official duties
2. Disobedience to an AGENT not
of a serious nature
­ Take note, resistance doesn’t have to
be serious.
­ Can be committed against PIA/Agent in
actual performance of duties only
­ If resistance is serious, may fall under
nd
DA under [d] of 2 form.
­ Use of force against an agent is not so
serious; no manifest intention to defy
the law and the officers enforcing it.
­ If there is no use of force in resisting a
st
PIA, this falls under 1 paragraph of
Art. 151 because resistance is not
serious, therefore it won’t fall under DA.

2
Jen Laygo
CRIMINAL LAW II ATTY. VALLENTE

TABLE 5

PEACEFUL RELIGIOUS RELIGIOUS TUMULTS & PUBLIC ALARMS AND

MEETINGS [131] WORSHIP [132] FEELINGS [133] DISORDER [153] SCANDALS [155]
­ Crimes against ­ Crimes against ­ Crimes against ­ Crime v. public order ­ Crime against public
fundamental law fundamental law fundamental law ­ Interrupt/disturbing public order
­ By public officers ­ By public officers, ­ By public officers, performances, fxns / ­ Punishes causing
who are outsiders outsiders private persons, peaceful mtgs any disturbance or
­ 3 acts: ­ Religious outsiders ­ Act should not be included scandal in public
1. Prohibit/ interrupt/ ceremony/ ­ Acts are in 131/32, meaning places while
dissolve peaceful manifestation of notoriously committed by Public intoxicated or
mtg. any religion is offensive to the officer/PO who’s a otherwise, provided
2. Hinder frm joining prevented or feelings of the participant disturbance doesn’t
3. Prohibit/hinder disturbed faithful, done in ­ Punishes making any outcry fall under 153
from addressing ­ Qualifying place of worship tending to incite rebellion/ ­ If public disorder of a
­ 153 if committed by circumstance: or during sedition in public serious nature is
private individual threats or violence ceremony. ­ Compared to inciting: outcry caused, liable for Art,
­ 131 if not religious ­ Unjust vexation if is an unconscious outburst 153. If disorder is not
ceremony not notoriously not intentionally calculated of a serious nature,
offensive to incite others 155 par. 4.

TABLE 6

BETRAYAL OF TRUST BY AN REVELATION OF SECRETS BY AN PUBLIC OFFICER REVEALING

ATTORNEY OR SOLICITOR –
REVELATION OF SECRETS [209]
­ Can be committed by an attorney at law
(or solicitor)
­ 3 Acts punished
1. Causing damage to his client, either
by malicious breach of professional
duty, or by inexcusable negligence or
ignorance
2. By revealing any of the secrets of his
client learned by him in his
professional capacity à damage is
not necessary
3. By undertaking the defense of the
opposing party in same case, w/o
st
consent of his 1 client à must be
done after having undertaken
defense or received confidential
st
information from 1 client.
OFFICER [229]
­ Offender is a public officer
­ Acts punished:
1. By revealing any secrets known to
offending PO by reason of his official
capacity à damage to public interest
must be caused, secrets must affect
public interest
2. By delivering wrongfully papers or
copies of papers of which he may
have charge and which should not be
published.
st
­ In 1 form, secrets of private individuals
are NOT included
­ Example: prior information/leakage on
raids of drug laboratories.
­ Compared to Art. 226 on infidelity in
custody of docs or papers by removing
the same: if papers contain secrets and
should not be published, 229 applies. If
papers do not contain secrets, their
removal for an illicit purpose is under
226.
SECRETS OF PRIVATE INDIVIDUAL
[230]
­ Offender is a public officer who knows
secrets of a private individual by reason
of his office.
­ He then reveals such secrets w/o
authority.
­ Example: drug dependent whose
conviction is revealed by court clerk.
­ Damage to private individual is not
necessary, act punished is the
revelation to even 1 person.
­ If offender is attorney-at-law, 209
applies.
­ Compared to 229, the secrets involved
here are those of a private individual
and has no effect on public interest.

3
Jen Laygo
CRIMINAL LAW II ATTY. VALLENTE

TABLE 7
DIRECT BRIBERY [210]
­ Crime committed by public
officers
­ Acts punished:
1. Agreeing to perform an
act constituting a crime,
for a consideration
2. Accepting a gift to commit
an act not constituting a
crime
3. Agreeing to refrain from
doing official duty, for a
consideration
­ Applies to PO, assessors,
arbitrators, appraisal&claim
commissioners, experts
­ Gift must have pecuniary
value bec. fine is based on
value of the gift.
INDIRECT BRIBERY [211]
­ Crime committed by public
officers
­ Applies to gifts given in
anticipation of future favors
­ Punishes PO who accepts
gifts offered him by reason
of office
­ In DB, there is agreement
between PO and giver, and
he agrees to perform an act.
­ In IB, agreement is not
needed, mere acceptance
of gift is punished, no need
for promise to actually do
act.
nd
­ In 2 form of bribery, the
act may not be a crime but it
should still be unjust. In IB,
the act doesn’t have to be
unjust [ex. Preparing a
voucher- Ppl. v. Pamplona]
QUALIFIED BRIBERY
[211-A]
­ Crime committed by public
officers
­ Applies to POs entrusted
with law enforcement who
refrains from arresting/
prosecuting an offender who
committed crime punishable
by RP-Death, for a
consideration
­ Penalty is penalty of offense
not prosecuted: RP-Death
­ If PO asks/demands such
consideration - death.
­ Applies only to law
enforcers with duty of
arresting or prosecuting an
offender.
CORRUPTION OF PUBLIC
OFFICIALS [212]
­ Crime committed by public
officers
­ Applies to person offering or
giving gift/present
­ Applies only when
circumstances will make
public officer liable for direct
or indirect bribery.
­ Punishes person who gave
the gift, even if he did bec.
was demanded by the PO
and was not given
voluntarily.
­ Penalty is the same as that
imposed on officer
corrupted.

TABLE 8
MALVERSATION [217] ILLEGAL USE OF PUBLIC FUNDS [220]
­ By any PO who by reason of his office, is accountable for ­ By any accountable PO
public fund/prop’y ­ No personal gain or profit
­ In certain cases, there is personal gain [except in permitting ­ Funds are appropriated by law or ordinance
other so take funds by reason of negligence] ­ Funds are applied to another public use other than where it
­ Funds are for personal use or benefit / benefit or use of was appropriated
another person ­ Penalty is based on result of damage or embarrassment
­ Penalty is based on amount malversed.
­ Applies to public officers defined in Art. 203
­ If w/o authority to receive funds: ESTAFA
­ If only qualified charge of funds: THEFT
­ Can apply to private individuals or even private property.

TABLE 9
PARRICIDE [246]
­ Victim is a father [legit or
illegit], mother [legit or
illegit], child [legit or illegit],
any ascendant/ descendant,
or spouse.
­ Applies to relatives by blood
and direct line, not to
adopted
­ Child must not be less than
3 days old
­ May be committed through
reckless imprudence or
simple imprudence/
negligence – even parricide
MURDER [248]
­ Circumstances:
1. Treachery, Superior
Strength, Armed Men,
Weaken defense,
Impunity
2. Price, reward, promise
3. By means of calamities
enumerated
4. On occasion of calamities
or earthquake, etc.
5. Evident premeditation
6. Cruelty, augmenting
suffering,
outraging/scoffing at
HOMICIDE [[249]
­ Unlawful killing not murder,
parricide or infanticide.
­ Accused killed victim w/o
justifying circumstance
­ Intent to kill is immaterial,
only important for attempted
or frustrated homicide.
­ Penalty is 1 degree higher
[RP] if victim is under 12.
­ Accidental homicide
­ No Attempted/Frustrated
homicide through
imprudence.
INFANTICIDE [255]
­ Killing of child under 3 days
of age
­ Same penalty for murder or
parricide, except if
committed by mother of
child to conceal dishonor,
[PM med-max] or by
maternal grandparents to
conceal dishonor [RT]
­ Delinquent mom must be of
good rep.
­ Stranger who cooperates w/
mom in killing is liable under
infanticide, but same

4
Jen Laygo
CRIMINAL LAW II ATTY. VALLENTE

by mistake. person or corpse. penalty as murder.

TABLE 10
INTENTIONAL
ABORTION [256]
­ 3 ways:
1. Use violence upon
pregnant woman
2. W/o violence, and act
w/o consent of woman
3. With consent of
woman
­ Abortion was intended
­ #3 applies if no violence
but with consent.
­ Infanticide is committed if
the foetus could sustain
an independent life
outside womb and it is
killed.
UNINTENTIONAL ABORTION
[257]
­ Cause violence upon woman
which results in abortion,
although unintentionally.
­ May be committed only by
violence or actual physical
force, not threats.
­ Unintentional abortion through
imprudence.
­ But accused must have known
woman was pregnant.
­ Complex crime of homicide w/
unintentional abortion, or
parricide with abortion.
­ If there is no intention to cause
abortion and there was no
violence, no abortion is
committed.
ABORTION BY WOMAN OR
HER PARENTS [258]
­ 3 ways:
1. Woman who does
abortion herself
2. Woman who consents to
another person doing
abortion on her
- Other person is liable
under 256
3. Any of her parents, with
her consent, does
abortion to conceal her
dishonor
­ Liability of woman is
mitigated if purpose is to
conceal her dishonor
­ No mitigation for parents
ABORTION BY PHYSICIAN
& DISPENSING OF
ABORTIVES [259]
­ Persons liable:
1. By physician or midwife
who takes advantage of
scientific knowledge/skill
and causes, assists in
causing abortion
2. By pharmacist who, w/o
proper prescription from a
physician, shall dispense
any abortive
­ Not necessary that the
pharmacist knew the
abortive was going to be
used for abortion.
­ If pharmacist knew, he
would be an accomplice to
crime of abortion.

TABLE 11
MUTILATION SERIOUS PHYSICAL ADMINISTERING LESS SERIOUS SLIGHT PHYSICAL
[262] INJURIES [263] INJURIOUS PHYSICAL INJURIES [266]
SUBSTANCE OR INJURIES [265]
BEVERAGES [264]
­ Lopping or clipping ­ Committed by ­ Offender inflicted ­ Offended party is ­ 3 acts:
off of some part of 1. Wounding, serious physical incapacitated for 1. Incapacitate victim
the body 2. Beating, injury upon another labor or needs for labor or require
­ 2 kinds: 3. Assaulting, ­ Knowingly medical medical attendance
1. Intentionally 4. Administering any administered attendance for 10 from 1-9 days
mutilating some injurious substance injurious substance/ days – 30 days 2. Injuries do not
essential organ ­ Acts: beverage or took ­ Physical injuries prevent victim from
for reproduction 1. Insane, imbecile, advantage of his must not be under engaging in
2. Mutilation of any impotent, blind weakness of mind or preceding articles habitual work nor
part of the body 2. Speech, hear, smell, an credulity ­ Qualified by require medical
other than eye, hand, foot, arm or ­ No intent to kill 1. Intent to insult attendance
essential organ leg; loses use of any ­ Frustrated murder or offend, 3. Offender shall ill-
for reproduction such member; when there is intent 2. Ignominy, treat another by
st
­ 1 kind must have incapacitated for work to kill 3. Victim is a deed, w/o causing
intention to castrate habitually engaged in ­ Substance must be parent, injury.
­ Mayhem falls under 3. Deformed, loses any introduced into the ascendant, ­ Some hours after 9
nd
2 kind other member of his body guardian, days do not amount to
­ 1 degree higher body, loses use of such ­ Applies only to when curator or 10 days.
when done to member, incapacity for physical injuries teacher, or ­ Slight physical injuries
victim under 12. work for more than 90 result in serious 4. When victim is when no evidence of
­ There must be days physical injuries. a person of rank actual injury.
intention to deprive 4. Ill or incapacitated for or person in ­ Supervening event
offended party of a labor more than 30 days authority, converting one crime
part of his body ­ Must be no intent to kill, provided crime to another may be
otherwise A/F murder, is not DA. subject of a new
parricide or homicide. charge à no double
jeopardy.

5
Jen Laygo
CRIMINAL LAW II
TABLE 12
KIDNAPPING & SERIOUS
ILLEGAL DETENTION
[267]
­ Kidnap or detain another
or in any other manner
deprive him of his liberty:
1. Lasted more than 3
days
2. Simulating Public
Authority
3. Serious Physical
Injuries or threats to kill
him
4. If the person kidnapped
or detained shall be a
minor, female or a
public officer.
­ Qualified if committed for
ransom or when victim is
killed, raped, tortured
­ If kidnapping is for
ransom, 4 instances need
not be present.
TABLE 13
SLAVERY [272]
­ If service was w/o remuneration and
obliged to stay until she pays her debt,
there is slavery. – if not household
servant or farm laborer under article
274.
Jen Laygo
ATTY. VALLENTE
SLIGHT ILLEGAL KIDNAPPING & INDUCING A MINOR TO SLAVERY [272]
DETENTION [268] FAILURE TO ABANDON HIS HOME
RETURN A MINOR [271]
[270]
­ Kidnap or detain ­ Entrusted with ­ Induce a minor to ­ Shall Purchase, Sell,
another or in any custody of a abandon the home of Kidnap or Detain a
manner deprive minor [less than his parents or guardian Human Being for the
him of his liberty, 21], shall or the persons purpose of enslaving
­ Without deliberately fail to entrusted with his him
attendance of any restore the latter custody. ­ Crime is committed
of the 4 to his parents or ­ If offender in Art. 270 & for purpose of some
st
circumstances guardians. 1 par. of 271is a father Immoral Traffic –
enumerated in ­ What is punished or mother [when they penalty imposed in
267 is not kidnapping are living separately], MAX period
­ Same Penalty for but failure to offense is qualified ­ If service was w/o
person who restore the minor ­ Inducement must be remuneration and
furnished the to his parents or ACTUAL, with obliged to stay until
place for guardian CRIMINAL INTENT and she pays her debt,
perpetration of determined by a WILL there is slavery. – if
the crime. TO CAUSE DAMAGE not household
­ Mitigated by ­ Consummated by mere servant or farm
voluntary release inducement, no need laborer under article
for minor to actually 274.
abandon home.
EXPLOITATION OF CHILD LABOR SERVICES FOR PAYMENT OF DEBT
[273] [274]
­ Under the pretext of reimbursing ­ In order to require or enforce the
himself for the debt incurred by an payment of a debt, Shall Compel the
Ascendant, Guardian or Person debtor to work for him, against his will,
entrusted w/ custody of a minor, Shall as household servant or farm laborer.
AGAINST THE LATTER”S WILL, retain
him in his service.
­ Debt was incurred by some other
person, not by the minor himself.
6
CRIMINAL LAW II ATTY. VALLENTE

TABLE 14

ABANDONMENT OF ABANDONING A MINOR ABANDONMENT OF MINOR EXPLOITATION OF MINORS

PERSONS IN DANGER OR
ONE’S OWN VICTIM [275]
rd
­ 3 Act punished:
Having found an abandoned
child under 7, shall fail to
deliver the child to the
authorities or his family, or
shall fail to take him to a
safe place.
­ Offender doesn’t need to
know that the child is
under 7 years old.
­ Place where child was
found should be unsafe
[276]
­ Who Shall Abandon a child
under 7 years of age, the
custody of which is
incumbent upon him.
­ Qualifying Circumstance:
1. Death of Minor
results from
abandonment
2. Life Endangered
­ Custody of offender is
stated in general, minor is
under 7, abandoned in a
way as to deprive him of
care and protection his
tender years need.
BY PERSON ENTRUSTED
W/ CUSTODY [277]
st
­ 1 form:
Having charge of rearing
or education of a minor,
shall deliver minor to a
public institution or other
persons, w/o consent of
the 1 who entrusted such
child to his care or, w/o
consent of the proper
authorities.
­ Custody is specific to
rearing or education of
minor, minor is under 21,
minor is delivered to public
institution or other person.
[278]
­ Acts punished:
1. Cause minor under 16 to
perform dangerous feat
2. Employ children under 16
not his children or
descendants in
exhibitions
3. Employ descendant under
12 in exhibitions
4. Person entrusted with
care of child under 16
who delivers child
gratuitously to person of
any of the callings or to
habitual vagrant/beggar.
5. Induce any child under 16
to abandon home of
ascendants, etc. to follow
person of any of the
callings or accompany
habitual vagrant or
beggar.

TABLE 15
QUALIFIED TRESPASS TO DWELLING [280] OTHER FORMS OF TRESPASS [281]
­ Offender is a private person ­ By ANY person
­ Enters dwelling of another ­ Entrance to closed premises or the fenced estate of another
­ Dwelling is inhabited, even if residents are temporarily not ­ Entrance is made while uninhabited
there ­ Prohibition to enter is manifest
­ Act constituting crime is entering against the owner’s will ­ Act constituting crime is entering premises w/o permission of
à There must be opposition, must exist at time of entrance the owner or caretaker
or prior to. But prohibition is not necessary when violence or
intimidation is employed. Prohibition to enter is express or
implied.
­ Qualified when violence or intimidation is used. à May take
place immediately after entrance.
­ Violation of domicile if committed by PO.
­ Whether building or dwelling depends on the use
­ Lack of permission not equal to prohibition

7
Jen Laygo
CRIMINAL LAW II ATTY. VALLENTE

TABLE 16
GRAVE THREATS [282]
­ 3 acts punishable:
1. Threaten another w/ any wrong
amounting to a crime and demanding
money or imposing any condition
[even though not unlawful], offender
attained purpose
2. Making threat amounting to a crime,
w/o attaining purpose
3. Threat amounting to a crime is made
not subject to a condition – but must
be serious & deliberate
­ Under 282, threat must always amount
to a CRIME
­ Circumstance qualifying offense: threat
in writing or through middleman
rd
­ 3 form of threat should not be made in
heat of anger, otherwise it falls under
258 [2]
LIGHT THREATS [283]
­ Threat to commit a wrong NOT a
CRIME but subject to a condition or
with a demand for money.
­ Blackmailing may be light threats.
OTHER LIGHT THREATS [285]
­ 3 acts punished
1. Threaten another w/ a weapon or
draw such while in a quarrel,
unless in lawful self-defense
2. Orally threatening another in the
heat of anger, with some harm
constituting a crime, w/o persisting
in the idea involved in the threat.
3. Orally threatening to do another
any harm not constituting a felony.
nd rd
­ 2 form of OLT is similar to 3 form of
GT because wrong is a crime.
à To be under 285, threat should be
in heat of anger and subsequent acts
show he did not persist in the idea.
rd
­ 3 form of OLT is similar to LT because
harm is not a crime.
à In OLT, there’s no demand for
money / condition imposed or that the
threat is not deliberate.

TABLE 17
GRAVE COERCION [286]
­ 2 acts:
1. Prevent another by
Violence, Threats or
Intimidation from doing
something not
prohibited by law
2. Compel another by
means of violence,
threats or intimidation
to do something against
his will, be it right or
wrong.
­ 2 acts should be done w/o
authority of law
­ Qualified if right of suffrage
or religious act is involved.
­ In preventing, if violence is
exerted only after victim
does what he was
prevented from doing, its
UNJUST VEXATION.
LIGHT COERCION [287]
­ Applies only to debtor-
creditor relationship
­ By means of violence shall
seize anything belonging to
his debtor as payment for
debt. [violence or grave
intimidation]
­ Any other coercion or Unjust
vexation
­ In taking possession of
debtor’s property, there
must be violence. If deceit &
misrepresentation were
used, it’s Unjust Vexation.
­ No violence or intimidation
in Unjust Vexation.
OTHER SIMILAR
COERCIONS [288]
­ 2 acts:
1. Forcing or compelling
any laborer or
employee to purchase
merchandise or
commodities from him
2. Paying wages by
means of tokens or
objects other than legal
tender currency [unless
expressly requested]
st
­ 1 act can be done by any
person, agent or officer of
assoc’n/ corp.
­ Forcing employee to give up
part of his wages is not
punished by 288, its
punished by the Labor Code
COERCION OF CAPITAL &
LABOR [289]
­ That the offender employs
violence or threats as to
compel or force laborers or
employers in free and legal
exercise of their work, for
the purpose of organizing,
maintaining or preventing
coalitions of capital or labor,
strike of laborers or lockout
of employers.
­ Act should not constitute a
more serious offense.
­ Preventing employee from
joining labor org is punished
in Labor Code, not RPC.

8
Jen Laygo
CRIMINAL LAW II ATTY. VALLENTE

TABLE 18
DISCOVERING SECRETS THROUGH PUBLIC OFFICER REVEALING REVEALING REVELATION OF
SEIZURE OF CORRESPONDENCE SECRETS OF PRIVATE SECRETS WITH INDUSTRIAL SECRETS
[290] INDIVIDUAL [230] ABUSE OF OFFICE [292]
[291]
­ Offender is a private individual/ PO not ­ Offender is a public officer who ­ Committed by ­ Person in charge,
in exercise of official function knows secrets of a private manager, employee, workman of
­ Seizes papers or letter of another for individual by reason of his employee, any manufacturing or
the purpose of discovering the secrets office. servant industrial establishment
of another. Offender must be informed ­ He then reveals such secrets ­ Who in such ­ Who to the prejudice of
of the contents of the papers or letters w/o authority. capacity shall the owner thereof,
seized. ­ Example: drug dependent learn the secrets reveals secrets of the
­ Whether or not contents are revealed whose conviction is revealed by of his principal or industry of such owner.
to another, act is still punished. court clerk. master, even if ­ Secrets must relate to
­ There must be intent/desire to discover ­ Damage to private individual is voluntarily manufacturing process
secrets of another. not necessary, act punished is communicated by invented by or for a
­ It is not necessary that there be an the revelation to even 1 person. employer manufacturer.
actual secret, and if there is a secret ­ If offender is attorney-at-law, ­ It is necessary ­ If process is generally
discovered, offender can be liable 209 applies. that secrets be used, its not a secret.
even if he did not reveal it to another. ­ Compared to 290, secrets here revealed, but ­ If offender used secret
­ Compared to 230: PO comes to know don’t have to be in letter or damage is not for his own benefit w/o
of secrets of any private individual by papers. The PO also discovers necessary. revealing it to others, he
reason of his office. In 230, it is not secrets by reason of his office. is not liable.
necessary that secrets are contained In 290, it is necessary that ­ DAMAGE/PREJUDICE
in letters or papers. Also it is secret be revealed. is necessary.
necessary that the secret be revealed.

9
Jen Laygo