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the dishonor
There is a The The offender BASIS SERIOUS LESS SLIGHT
person confined offender is is convicted L INJURY PHYSICA L INJURY
in a jail or penal convicted by final L INJURY
establishment; by final judgment; he As to The The The
and the judgment; is serving his capacity injured offended injury
offender He is sentence of party party is incapacit
removes serving his which injured becomes incapacit ated the
therefrom such sentence consist in party ill or ated for offended
person, or helps which deprivation incapacit 10 days party for
the escape of consist in of liberty; ated for or more labor
such person. deprivatio and he labor for but not from 1 to
n of evades the more more 9 days, or
The offender is liberty; and service of his than 30 than 30 required
another person he evades sentence by days but days, or medical
who removes the service conniving not more needs attendan
the prisoner of his with other than 90 medical ce during
from jail, who is sentence convicts or days attendan the same
not the by employees of ce for the period;
custodian of the escaping the penal same or which
prisoner at the during the institution. period did not
time of the term of his prevent
escape/removal sentence. the
. offended
The party
offender is from
the engaging
prisoner in his
himself. habitual
work or
did not
As to victim The victim is The victim
already a is not
person less viable but
than 3 days remains to
ce; or ill
old or 72 be a fetus.
hours and is
t of
viable or
capable of
by deed
from the
Importa Medical There May or
As to Bothe the Only the
nce of attendan must be a may not
entitlement of mother and pregnant
medical ce is not proof to require
mitigating the maternal woman is
assistan importan the medical
circumstances grandparents entitled to
ce t in period of attendan
of the child mitigation
serious the ce
are entitled if the
physical required dependin
to the purpose is
injury medical g on the
mitigating to conceal
circumstance dishonor
attendan injury
ce inflicted a. Kidnapping or detention last for
more than 3 days;
b. It is committed simulating public
c. Any serious physical injuries are
inflicted upon the person kidnapped
Carnal knowledge Committed with an
with a woman against instrument or an or detained or threats to kill him are
her will. The offended object or use of the made; or
party is ALWAYS a penis with d. The person kidnapped or detained is
Woman and the penetration of the a minor, female, or a public officer.
offender is ALWAYS mouth or anal orifice.
a Man. The offended party or NOTE: In case of minor, the kidnapper must
offender CAN not be one of the parents.
EITHER be a Man or
For the crime of kidnapping to exist, there must
a woman, that is, if a
woman or a man uses be indubitable proof that the actual intent of the
an instrument in the malefactor was to deprive the offended party of
anal orifice of a male, her liberty, and not where such restraint of her
she or he can be freedom of action was merely incidentalin the
liable for rape. commission of another offense primarily
intended by the offender.


intercourse with a 12 years old. commited without violence but which
unjustifiably annoys or vexes an
ELEMENTS: innocent person.
1. The offender had carnal knowledge of In determining whether the crime of unjust
the victim; and vexation is committed, the offender’s act must
2. That the victim is below 12 years old. have caused ANNOYANCE, IRRITATION,
When the woman is under 12 years of age or is VEXATION, DISTRESS or DISTURBANCE to
demented, sexual intercourse with her is the mind of the person to whom it is directed.
ALWAYS rape, even if the sexual intercourse was a). This is always in the consummated stage
with her consent. This is because the law
presumes that the victim, on account of her b). This is a crime of last resort
tender age, does not and cannot have a will of
her own. c). The same act may constitute either slight
 KIDNAPPING-deprivation of the physical injuries, acts of lasciviousness, slander
victim’s liberty, coupled with the intent by deed, or unjust vexation, depending upon the
of the accused to effect it. intention of the accused. Example: holding the
testicles of a man or embracing a woman may
ELEMENTS: give rise to several crimes.

1. Offender is a private individual who is d). For the crime of unjust vexation to exist, it is
not any of the parents of the victim; not necessary that the offended party be present
2. He kidnaps or detains another, or in any when the crime was committed by the accused-
other manner deprives the latter of his it is enough that the offended party was
liberty; embarrassed, annoyed, irritated, or disturbed
3. Act of detention or kidnapping must be when he/she learned of the overt acts of the
illegal; and accused ( Maderazo vs. PP 503 SCRA 234)
4. In the commission of the offense, any of
the following circumstances is present:  GRAVE COERCION- any person who,
without any authority of law, shall, by
means of violence, threats, or amounting to a crime and demanding
intimidation, prevent another from money or imposing any other condition
doing something not prohibited by law, eventhough not unlawful, and the
or compel him to do something against offender attained his purpose;
his will, whether it be right or wrong. 2. By making such threat without the
offender attaining his purpose; and
ELEMENTS: 3. By threatening another with the
1. A person prevented another from doing infliction upon his person, honor or
something not prohibited by law, or that property or that of his family of any
he compelled him to do something wrong amounting to a crime, the threat,
against his will, be it right or wrong; not being subject to a condition.
2. Prevention or compulsion be effected by
violence, threats or intimidation, and  LIGHT THREAT- threats to commit a
wrong but does not constitute a crime.
The threat must be present, clear, ELEMENTS:
imminent and actual. Such threat
cannot be made in writing or through a 1. Offender makes a threat to commit a
middle man. wrong;
2. The wrong does not constitute a crime;
3. Person that restrained the will and 3. There is a demand for money or that
liberty of another has no authority of other condition is imposed, eventhough
law or the right to do so. lawful; and
4. Offender has attained or has not
NOTE: Coercion is consummated even if the attained his purpose.
offended party did not accede to the purpose of
the coercion. The essence of coercion is an attack NOTE: Light threat is in the nature of
on individual liberty. blackmailing.

 LIGHT COERCION- committed by  ROBBERY- the taking of personal

any person who, by means of violence, propertybelonging to another, with
shall seize anything belonging to his intent to gain, by means of violence
debtor for the purpose of applying the against or intimidation of any person
same to the payment of the debt. using force upon anything.

ELEMENTS: NOTE: For the appellant to be guilty of

consummated robbery, there must be
1. Offender must be a creditor; incontrovertible proof that the property was
2. He seizes anything belonging to his taken from the victim. The appellant is guilty of
debtor; attempted robbery only when he commences the
3. Seizure of the thing be accomplished by commission of robbery directly by overt acts and
means of violence, or a display of does not perform all the acts of execution which
material force producing intimidation; would produce robbery by reason of some causes
and or accidents other than his own spontaneous
4. Purpose of the offender is to apply the desistance.
same to the payment of the debt.
 GRAVE THREAT- the act threatened
Crime must be Mere formation of
to be done is a crime
committed band is punishable
PUNISHABLE ACTS: One malefactor will At least 4 armed
suffice malefactors
1. Threatening another with the infliction
upon his person, honor, or property or
that of his familyof any wrong  THEFT- committed by any person who,
with intent to gain but without violence
against or intimidation of person nor 3. Through fraudulent means.
force upon things, shall take personal
property of another without the latter’s -damage or prejudice capable of pecuniary
consent. estimation is caused to offended party or third
 FENCING-the act of any person who, ELEMENTS OF ESTAFA WITH
with intent to gain for himself or for UNFAITHFULNESS OR ABUSE OF
another, shall buy, receive, possess, CONFIDENCE(ART.315, PAR.1):
keep, acquire, conceal, sell or dispose of,
or shall buy and sell, or in any other 1. Offender has an onerous obligation to
manner deal in any article, item, object deliver something of value;
or anything of value which he knows, or 2. He alters its substance, quantity, or
should be known to him, to have been quality; and
derived from the proceeds of the crime 3. Damage or prejudice is caused to
of robbery or theft. another.


1. If theft is committed by a domestic
servant; 1. Money, goods, or other personal
2. If theft is committed with grave abuse of property is received by the offender in
confidence; trust, or on commission, or for
administration, or under any obligation
NOTE: If the offense is to be qualified involving the duty to make delivery of,
by abuse of confidence, the abuse must or to return, the same;
be grave, like an accused who was 2. There is misappropriation or conversion
offered food and allowed to sleep in the of such money or property by the
house of the complainant out of the offender, or denial on his part of such
latter’s pity and charity, but stole the receipt;
latter’s money in his house when he left 3. Such misappropriation or conversion or
the place. denial is to the prejudice of another; and
4. There is a demand made by the offended
3. If the property stolen is a motor vehicle, party to the offender.
mail matter or large cattle;
4. If the property stolen consist of coconuts NOTE: The fourth element is not
taken from the premises of a plantation; necessary when there is evidence of
5. If the property stolen is fish taken from misappropriation of the goods by the
a fishpond or fishery; and defendant.
6. If the property is taken on the occasion
of fire, earthquake, typhoon, volcanic ELEMETS OF ESTAFA THROUGH
eruption, or any other calamity, FRAUDULENT MEANS:
vehicular accident, or civil disturbance. 1. The paper with the signature of the
offended party is in blank;
2. Offended party deliver it to the offender;
 ESTAFA-a crime committed by 3. Above the signature of the offended
defrauding another by abuse of party, a document is written by the
confidence or by means of deceit-This offender without authority to do so; and
covers the three different ways of 4. The document so written creates
commiting estafa under Art.315, thus: liabilityof, or cause damage to, the
1. With unfaithfulness or abuse of offended party or any third person.
2. By means of false pretenses or
fraudulent acts; or
 ARSON subsequently wife, or shall cohabit
declared void with her in any place.
DESTRUCTIVE ARSON(ART.320, RPC)- Possibility of The infidelity of the
malicious burning of structures, both public and introducing another husband does not
private, hotels, buildings, edifices, trains, man’s blood into the bring into the family,
vessels, aircraft, factories and other military, family so that the spurious offspring.
government or commercial establishments by offended husband
any person or group of persons. may have another
man’s son bearing his
SIMPLE ARSON(PD.1613)- malicious name and receiving
burning of public and private structures, support from him
regardless of size, not punished under
destructive arson.
 LIBEL- public and malicious
NOTE: The nature of the destructive arson is imputation of crime, or of a vice or
distinguished from Simple Arson by the degree defect, real or imaginary, or any act,
of perversity or visciousness of the criminal commission, condition, status, or
offender. circumstances tending to cause the
dishonor, discredit, or contenmpt of a
DESTRUCTIVE SIMPLE ARSON natural or juridical person, or to blacken
ARSON (ART.320) (PD.1613) the memory of one who is dead.
Characterized as Crimes with a lesser
HEINOUS CRIME, degree of perversity
for being grievous, and viciousness that
odious and hateful the law punishes with  RECKLESS IMPRUDENCE- any act
offenses and which, a lesser penalty. which, had it been intentional, would
by reason of their constitute a grave or less grave felony or
inherent or manifest light felony.
wickedness,  SIMPLE IMPRUDENCE- an act
viciousness, atrocity which would otherwise constitute a
and perversity are grave or less serious felony.
repugnant and
outrageous to the
common standards
and norms of decency  CARNAPPING-is the taking, with
and morality in a just, intent to gain, of a motor vehicle
civilized and ordered belonging to another without the latter’s
society. consent, or by means of violence against
or intimidation of persons, or by using
force upon things.
damaging of another’s property for the
 CHIL-ABUSE- refers to the
sake of causing damage due to HATE,
REVENGE or other EVIL MOTIVE. maltreatment, whether habitual or not,
of the child which includes any of the
Committed by a Commited by a
married woman who husband who shall 1. Psychological and physical abuse,
shall have sexual keep a mistress in the neglect, cruelty, sexual abuse and
intercourse with a conjugal dwelling, or emotional maltreatment;
man not her husband shall have sexual 2. Any act by deeds or words which
and by the man who intercourse, under debases, degrades or demeans the
has carnal knowledge scandalous intrinsic worth and dignity of a child
of her, knowing her circumstances, with a
as a human being;
to be married even if woman who is not his
the marriage be
3. Unreasonable deprivation of his a. Person persuasion without
basic needs for survival, such as abducted use of force.
food and shelter; or is any
woman 1. QUALIFIED
4. Failure to immediately give medical SEDUCTION:
treatment to an injured child regardless
a. Offended
resulting in serious impairment of of her age, party is a
civil status virgin
his growth and development or in which is
his permanent incapacity or death. presumed
reputation if she is
FOLLOWING: b. Abduction and of
is against good
1. Rape her will;
2. Corruption of Public office and b. She is over
3. Adultery c. Abduction 12 and
is with under 18
4. Theft years of
5. Physical injuries age;
design. c. Offender
has sexual
refers to a scientifically designed pattern ABDUCTION: e with her;
a. Offended and
of psychological and behavioral d. There is
symptoms found in women living in party
abuse of
battering relationship as a result of must be a authority,
cumulative abuse. virgin; confidenc
b. She must e or
be over 12
 ILL-GOTTEN WEALTH- it is any and under
p on the
part of the
assets, property, business enterprise or 18 years of offender.
material possession of any person, age;
acquired by a public officer directly or 2. SIMPLE
c. Taking
indirectly through dummies, nominees, away of
agents, subordinates and/or business the a. Offended
associates. offended party is
over 12
party and under
PROPERTY(Theft, Estafa, Malicious consent, b. She must
be of good
Mischief): after
solicitatio , single or
1. Spouses, ascendants and descendants, n or widow;
or relatives by affinity in the same line; cajolery c. Offender
has sexual
2. The widowed spouse with respect to the from the
property which belonged to the deceased offender. e with her;
spouse before the same passed into the and
d. It is
possession of another; and committe
3. Brothers and sisters, brothers-in-law d by
and sisters-in-laws, if living. means of
The taking away of a Committed by
woman with lewd enticing a woman to
design. unlawful sexual -private offenses which cannot be prosecuted
1. FORCIBLE intercourse by except upon a complaint filed by the aggrieved
ABDUCTIO promise of marriage
N: or other means of
-Only to give deference to the offended party offender judgment the date of having
shall have has been release or been
who may prefer not to file the case instead of served out rendered last convicted
going through a scandal of a public trial. his sentence in the first conviction by final
for the first offense of the judgment
offense crimes of an
covered, he offense,
 BIGAMY- crime committed by is found before
guilty of any beginning
any person who shall contract a of said to serve
second or subsequent marriage crimes a sentence or
before the former marriage has third time while
or oftener serving the
been legally dissolved, or before same.
the absent spouse has been The previous Requires Crimes First and
declared presumptively dead by and that the covered are subsequent
subsequent offenses be serious or conviction
means of a judgment rendered offenses included in less serious may or
in the proper proceedings. must not be the same physical may not be
embraced by title of the injuries, embraced
ENGLISH RULE FRENCH RULE the same code robbery, in the same
title of the theft, estafa, title of the
Offender shall be Crimes committed on RPC and code.
tried in the country board a foreign falsification
where the foreign merchant vessel Not always It increases Shall suffer Shall be
merchant vessel is while within the aggravating; the penalty additional punished
discretion of to its penalty by the
found. jurisdiction of the court to maximum maximum
another country are appreciate period. period of
EXP: if the crime not triable in that the penalty
committed affects country. prescribed
by law for
only the internal the new
management of the EXP: when the crime felony
vessel, or it does not committed affects the Includes Felonies Limited to First crime
affect the safety and peace and security of offenses under RPC serious or for which
under only less serious the
security of the state, the country. special law physical offender is
then it shall be the injuries, serving
country of origin of robbery, sentence
the merchant vessel theft, estafa need not
and be a crime
which has falsification under the
jurisdiction. RPC but
the second
crime must
under the
Requires more than At least two(2) armed A generic A generic Extraordina Special
three(3) person malefactors aggravating aggravatin ry aggravatin
At least four(4) This circumstance is circumstanc g aggravating g
e circumstan circumstanc circumstan
malefactors shall present even if one of ce e which ce which
have acted together the offenders merely cannot be may be
in the commission of relied on their aid, offset by a offset by
the offense actual aid is not mitigating special
circumstanc privileged
necesary e mitigating
Band members are all Armed men are mere circumstan
principal accomplice ces not by
It is It is Within a Felony was
necessary enough period of 10 committed
that all the that a final years from after
Refers to the Refers to the way of As to The The
employment of means, committing the criminal circumstances circumstances
methods or forms in the crime. liability is no bar to absolve the
commission of the crime prosecution accused from
against person which \The execution of the and criminal
tends directly and criminal act must be conviction of liability
specially to insure its preceded by cool the
execution without risk thought and upon lawbreaker
to himself arising from reflection to carry out
the defense which the the criminal intent
offended party might during the space of PRESCRIPTION PRESCRIPTION
make. time sufficient to OF CRIME OF PENALTY
arrive at a calm Loss or forfeiture of Loss or forfeiture of
judgment. the state to prosecute the state to enforce
BOTH can co-exist because evident judgment
premeditation refers to the commission of the Starts counting upon Starts counting upon
crime while treachery refers to the manner discovery of the the escape or evasion
employed by the offender in committing the commission of the of service of sentence
crime. offense
Mere absence from Absence from the
IGNOMINY CRUELTY the Philippines Philippines
Refers to the moral Refers to the physical interrupts the interrupts the period
effect of the crime suffering of the running of the only when he goes to
and it pertains to the victim purposely prescription a foreign country
moral order, whether intended by the without extradition
or not the victim is offender. treaty with us
dead or alive. Commission of Commission of
another crime before another crime before
the expiration of the expiration of the
BASIS ENTRAPMENT INSTIGATION period does not period interrupts the
As to intent The criminal The idea and interrupt prescription prescription
design design to
originates bring about
from and is the  TREASON- is a breach of
already in the commission allegiance to a government,
mind of the of the crime committed by a person who
lawbreaker originated owes allegiance to it.
even before and  ESPIONAGE-offense of
entrapment developed in gathering, transmitting, or
the mind of losing information respecting
the law
the national defense with intent
or reason to believe that the
Means and The law The
ways enforcers lawenforces information is to be used to the
resort to ways induce, lure, injury of the Republic of the
and means or incite a Philippines or to the advantage
for the person who is of any foreign nation.
purpose of not minded to  MUTINY-the unlawful
capturing the commit a resistance to a superior officer,
lawbreaker in crime and or the raising of commotions
flagrante would not and disturbance on board a ship
delicto otherwise against the authority of its
commit it, commander.
 ARBITRARY DETENTION-it possession of governmental
is the actual confinement of a power.
person in an enclosure, or in any -it is to destabilize or paralyze
manner detaining him or the government through the
depriving him of his liberty by a seizure of facilities and utilities
public officer or employee essential to the continued
without legal grounds. possession and exercise of
 EXPULSION-committed if governmental function.
aliens are deported without
order from the president or the
Commissioner of Immigration ELEMENTS:
and Deportation after due
proceedings. 1. Offender is a person or persons
-it is also committed when a belonging to the military or police or
Filipino who, after voluntarily holding any public office or
leaving the country, is illegally employment;
refused re-entry by a public 2. There be a swift attack accompanied by
officer because he is considered violence, intimidation, threat, strategy
a victim of being forced to and stealth;
change his address. 3. The purpose of the attack is to seize or
 REBELLION-is a crime of the diminish state power; and
mass. It requires a multitude of 4. The attack is directed against duly
people. It is a vast movement of constituted authorities of the Republic
men and a complex network of of the Philippines, or any military camp
intrigues and plots. or installation, communication
networks, public utilities or other
ELEMENTS: facilities needed for the exercise and
1. That there be: continued possession of powers.
a. Public uprising; and INCITING PROPOSAL TO
b. Taking of arms against the REBELLION COMMIT
government; REBELLION
2. Purpose of uprising or movement is It is not required that The person who
either to: the offender has proposes has decided
a. Remove allegiance from the said decided to commit to commit rebellion
government or its laws; rebellion
i. The territory of the The act of inciting is The person who
Philippines or any part done publicly proposes the
thereof; and execution of the
ii. Any body of land, naval, or crime uses secret
other armed forces; means
b. Deprive the chief executive or
congress wholly or partially, any of  SEDITION-a violation of peace
their powers or prerogatives. or at least such a course of
measure as evidently endangers
 COUP D’ ETAT-it is a swift it, yet it does not aim at direct
attack upon the facilities of the and open violence against the
Philippine government, military law, or the subversion of the
camps and installations, Constitution.
communication networks, -It is an offense not directed
public utilities and facilities primarily against individuals
essential to the continued but to the general public peace;
It is the raising of commotion or
disturbance in the State, a revolt a member of some purpose of the RPC, it
against legitimate authority. court or obliterates the
- offenders raising publicly to governmental standard distinction
create commotion and corporation, board, in the law of public
disturbance by way of protest to or commission shall officers between
express their dissent and be deemed a person “officer” and
in authority. A “employee”
disobedience to the government
barangay captain and
or o the authorities concerned.
a barangay chairman
ELEMENTS: shall also be deemed
a person in authority.
1. Offenders rise:
a. Publicly;
b. Tumultuously; CHAIN WHEEL OR
2. They employ force, intimidation or other
means outside of legal method; and
3. The offenders employ any of those There are series of There is a single
means to attain any of the following overlapping person or group
objects or purpose: transactions which called the “hub,”
are construed to dealing individually
a. Prevent the promulgation or involve only one with two or more
execution of any laws or the holding overall agreement. other persons or
of any popular election; The different group called the
b. Prevent the National Government, transactions are “spoke” and the rim
or any provincial or municipal considered the links that encloses the
government, or any public officer in overall agreement, spoke is the common
thereof from freely exercisingits or which is considered goal in the overall
the chain, However, conspiracy.
his function, or prevent the
the transactions will
execution of any administrative
only be considered
order; links in a chain if
c. Inflict any act of hate or revenge each link knows that
upon the person or property of any the other links are
public officer or employee; involved in the
d. Commit for any political or social success of overall
end any act of hate or revenge series of transactions.
against private person or any social
class; and
e. Despoil, for any political or social ACCESSORIES EXMPT FROM CRIMINAL
end, any person, municipality or LIABILITY:
province, or the National GENERAL RULE: An accessory is exempt from
Government of all its property or criminal liability, when the principal is his:
any part thereof.
1. Spouse
ASSAULT 3. Descendant
4. Legitimate, natural, or adopted brother,
sister or relative by affinity within the
Any person directly Embraces every
vested with public servant from DELINQUENT QUASI-
jurisdiction, whther the highest to the RECIDIVISM
as an individual or as lowest rank. For the
The offender at the Any person who shall prejudicial to
time of his trial for commit a felony after public
one crime shall have having been tranquility;
been previously convicted by final 3. Disturbing
convicted by final judgment before the public
judgment of another beginning to srve peace while
embranced in the such sentence or wandering
same title of the RPC. while serving such about at
sentence shall be night or
punished by the while
maximum period engaged in
prescribed by law for any other
the new felony. nocturnal
 DISCHARGE OF 4. Causing any
FIREARMS- any person who disturbance
shall shoot another with any or scandal in
firearm without the intent to kill public palces
the person. while
NOTE: There must be no intent to or otherwise,
kill. The purpose of the offender is provided
only to intimidate or frighten the Art.153 is not
offended party. This does not apply applicable.
to police officers in the performance
of their duty.
DISCHARGE OF ALARM AND the act of taking off part of the
FIREARMS SCANDAL metal either by filling it or
The intent is only to Intent is to disturb substituting it for another metal
intimidate or frighten public tranquility and of inferior quality.
a person. public peace.  COUNTERFEITING OF
COINS-imitation of a legal or
Punishable Acts: genuine coin such as to deceive
1. Discharging an ordinary person in believing
any firearm, it to be genuine.
rocket,  FORGERY-refers to the
instrument of credits and
or other
explosive obligations and securities issued
within any by the Philippine Government
town or or any banking institution
public place, authorized by the Philippine
calculated to government to issue the same.
cause alarm  FALSIFICATION- committed
or danger; by erasing, substituting,
2. Instigating or counterfeiting or altering by any
taking an means the figures, letters,
active part in words, or signs contained in a
any charivari document.
or other
 USURPATION- taking
someone’s power or property by
offensive to force.
another or  FALSE TESTIMONY-
committed by any person who,
being under oath and required
to testify as to the truth of a
certain matter at a hearing
before a competent authority,
shall deny the truth or say
something contrary to it.
 PERJURY- willful and corrupt
assertion of falsehood under
oath or affirmation
administered by authority of law
on a material matter.
 GRAVE SCANDAL-it consist
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


There is agreement There is no
between the public agreement between
officer and the the public officer and
corruptor the corruptor
The public officer is The public officer is
called upon to not necessarily called
perfrorm or refrain upon to perform any
from performing an official act. It is
official act. enough that he
accepts the gifts
offered to him by
reason of his office.

 MALVERSATION-committed by
appropriating public funds or property;
by taking or misappropriating the same;
consenting or through abandonment or
negligence, permitting any other person
to take such public funds or property;
and being otherwise guilty of the
misappropriation or malversation of
such funds or property.