UP Bar Reviewer 2015 - Criminal Law PDF

TABLE OF CONTENTS
TABLE OF CONTENTS B. STAGES OF EXECUTION ........................................ 20
CRIMINAL LAW 1 DEVELOPMENT OF A CRIME ................................ 20

DEVELOPMENT OF A CRIME ................................. 21
I.FUNDAMENTAL PRINCIPLES ........................... 2
B. 1. ATTEMPTED STAGE....................................... 22
A. DEFINITION OF CRIMINAL LAW ..............................2
B. 2. FRUSTRATED STAGE.................................... 23
A. 1. MALA IN SE AND MALA PROHIBITA ...............2
CRIMES WHICH DO NOT ADMIT OF FRUSTRATED
I. CRIMINAL LAW V. CRIMINAL PROCEDURE ........3
STAGE .................................................................... 24
CONSTRUCTION OF PENAL LAWS ........................ 4
B. 3. CONSUMMATED STAGE ............................... 25
B. SCOPE OF APPLICATION AND CHARACTERISTICS
B. CONSPIRACY AND PROPOSAL............................. 26
OF PHILIPPINE CRIMINAL LAW .................................. 4
C. MULTIPLE OFFENDERS (DIFFERENCES, RULES,
GENERALITY ........................................................... 4
EFFECTS) ............................................................... 30
TREATY STIPULATIONS ......................................... 5
C. 1. RECIDIVISM ..................................................... 31
LAWS OF PREFERENTIAL APPLICATION .............. 5
C. 2. HABITUALITY (REITERACION)...................... 32
TERRITORIALITY ..................................................... 6
C. 3. QUASI-RECIDIVISM ....................................... 32
PROSPECTIVITY ...................................................... 9
C. 4. HABITUAL DELINQUENCY ........................... 32
EFFECTS OF REPEAL/AMENDMENT ..................... 9
D. CONTINUING CRIMES ..................................... 33
LEGALITY ................................................................. 9
E. COMPLEX CRIMES AND SPECIAL COMPLEX
CONSTITUTIONAL LIMITATIONS ON THE POWER CRIMES ....................................................................... 35
OF CONGRESS TO ENACT PENAL LAWS .............. 9
E. 1. COMPLEX CRIMES ......................................... 35
EQUAL PROTECTION.............................................. 9
TWO KINDS OF COMPLEX CRIMES ...................... 36
DUE PROCESS ........................................................ 9
E. 2. SPECIAL COMPLEX/COMPOSITE CRIMES .. 38
CRUEL OR INHUMAN PUNISHMENT ................... 10
II. CIRCUMSTANCES AFFECTING CRIMINAL
II. FELONIES ..................................................... 10 LIABILITY.......................................................... 39
DIFFERENTIATING FELONIES, OFFENSE, A. JUSTIFYING CIRCUMSTANCES ............................. 39
MISDEMEANOR AND CRIME ..................................... 10
TEST OF REASONABLENESS ...............................40
CLASSIFICATION OF FELONIES ................................. 10
JUSTIFYING VS. EXEMPTING CIRCUMSTANCE ... 46
INTENTIONAL VS. CULPABLE FELONIES .............. 11
ANTI-VIOLENCE AGAINST WOMEN AND THEIR
B. ELEMENTS OF CRIMINAL LIABILITY ..................... 12 CHILDREN ACT OF 2004 (RA 9262)..................... 46
DOLO ...................................................................... 13 B. EXEMPTING CIRCUMSTANCES ............................. 47
CATEGORIES OF CRIMINAL INTENT (GENERAL VS. EXEMPTING CIRCUMSTANCES: ............................ 47
SPECIFIC INTENT) .................................................. 14
PAR. 1. INSANITY OR IMBECILITY ......................... 47
DISTINCTION BETWEEN INTENT, DISCERNMENT
PAR. 2. & 3. MINORITY (SUPERSEDED BY RA
AND MOTIVE .......................................................... 14
9344) ...................................................................... 48
WRONGFUL ACT DIFFERENT FROM THAT
PAR. 4. ACCIDENT ..................................................51
INTENDED .............................................................. 15
PAR. 5. IRRESISTIBLE FORCE ...............................51
PROXIMATE CAUSE V. IMMEDIATE CAUSE V.
REMOTE CAUSE..................................................... 16 PAR. 6. UNCONTROLLABLE FEAR ........................51
CULPA..................................................................... 18 PAR. 7. INSUPERABLE OR LAWFUL CAUSES...... 52
DOCTRINES CONCERNING CULPABLE CRIMES . 18 C. MITIGATING CIRCUMSTANCES ............................ 52
A. IMPOSSIBLE CRIME ............................................... 19 PAR. 1. INCOMPLETE JUSTIFYING OR EXEMPTING
CIRCUMSTANCES ................................................. 53
MODIFIED CONCEPT OF IMPOSSIBLE CRIME .... 20
PAR. 2. UNDER 18 OR OVER 70 YEARS OF AGE . 54
PAR. 3. NO INTENTION TO COMMIT SO GRAVE A CRIMINAL LAW 2
WRONG (PRAETER INTENTIONEM) ..................... 54
PAR. 4. SUFFICIENT PROVOCATION OR THREAT
............................................................................... 55 TITLE I. CRIMES AGAINST NATIONAL SECURITY
AND THE LAW OF NATIONS ............................ 137
PAR. 5. IMMEDIATE VINDICATION OF A GRAVE
OFFENSE ............................................................... 56 CRIMES AGAINST SECURITY: ................................... 137
PAR. 6. PASSION OR OBFUSCATION (ARREBATO CRIMES AGAINST THE LAW OF NATIONS ................ 137
Y OBCECACION)......................................................57 CRIMES AGAINST NATIONAL SECURITY................. 137
PAR. 7. VOLUNTARY SURRENDER AND ARTICLE 114 - TREASON ...................................... 137
CONFESSION OF GUILT ....................................... 58
ARTICLE 115 - CONSPIRACY AND PROPOSAL TO
PAR. 8. PHYSICAL DEFECTS ................................ 60 COMMIT TREASON ............................................. 140
PAR. 9. ILLNESS .................................................... 60 ARTICLE 116 - MISPRISION OF TREASON ........... 141
PAR. 10. ANALOGOUS MITIGATING ARTICLE 117 – ESPIONAGE .................................. 141
CIRCUMSTANCES .................................................. 61
ESPIONAGE .....................................................142
D. AGGRAVATING CIRCUMSTANCES ........................ 61
TREASON ........................................................142
D.1. GENERIC ......................................................... 63
SPECIAL LAW ........................................................... 142
D.2. QUALIFYING ...................................................79
COMMONWEALTH ACT NO. 616 ........................ 142
E. ALTERNATIVE CIRCUMSTANCES ......................... 83
CRIMES AGAINST THE LAW OF NATIONS .............. 144
E.1. RELATIONSHIP ............................................... 84
ARTICLE 118 - INCITING TO WAR OR GIVING
E.2. INTOXICATION ............................................... 85
MOTIVES FOR REPRISALS.................................. 144
F. ABSOLUTORY CAUSE ........................................... 85
ARTICLE 119 - VIOLATION OF NEUTRALITY....... 145
F.1. INSTIGATION .................................................. 85
ARTICLE 120 - CORRESPONDENCE WITH HOSTILE
F.2. PARDON ..........................................................87 COUNTRY............................................................. 145
F.3. OTHER ABSOLUTORY CAUSES ....................87 ARTICLE 121 - FLIGHT TO ENEMY'S COUNTRY .. 145
F.4. ACTS NOT COVERED BY LAW AND IN CASE ARTICLE 122 - PIRACY IN GENERAL AND MUTINY
OF EXCESSIVE PUNISHMENT ...............................87 ON THE HIGH SEAS OR IN PHILIPPINE WATERS
G. EXTENUATING CIRCUMSTANCES ................... 88 .............................................................................. 146
G.1. PRINCIPAL ...................................................... 89 PIRACY ........................................................... 146

G.2. ACCOMPLICE ................................................. 92 MUTINY .......................................................... 146
G.3. ACCESSORIES ............................................... 92 ARTICLE 123 - QUALIFIED PIRACY ..................... 147
G.4. DECREE PENALIZING OBSTRUCTION OF SPECIAL LAW ............................................................ 147
APPREHENSION AND PROSECUTION OF PD 532: ANTI-PIRACY AND ANTI-HIGHWAY
CRIMINAL OFFENDERS [P.D. 1829] ..................... 95 ROBBERY .............................................................. 147
E. PENALTIES ...................................................96 RA 6235: ANTI-HIJACKING LAW......................... 148
F. MODIFICATION AND EXTINCTION OF RA 9372: HUMAN SECURITY ACT OF 2007 ....... 149
CRIMINAL LIABILITY....................................... 130
TITLE II. CRIMES AGAINST FUNDAMENTAL
LAWS OF THE STATE ...................................... 150
ARTICLE 124 - ARBITRARY DETENTION ............ 150
ARTICLE 125 - DELAY IN THE DELIVERY OF
DETAINED PERSONS TO THE PROPER JUDICIAL
AUTHORITIES .......................................................152
ARTICLE 126 - DELAYING RELEASE ....................153
ARTICLE 127 – EXPULSION ................................. 153 ARTICLE 140 - PERSONS LIABLE FOR SEDITION
.............................................................................. 165
ARTICLE 128 - VIOLATION OF DOMICILE ........... 153
ARTICLE 141 - CONSPIRACY TO COMMIT SEDITION
ARTICLE 129 - SEARCH WARRANTS MALICIOUSLY
.............................................................................. 165
OBTAINED, AND ABUSE IN THE SERVICE OF
THOSE LEGALLY OBTAINED ............................... 154 ARTICLE 142 – INCITING TO SEDITION .............. 165
ARTICLE 130 - SEARCHING DOMICILE WITHOUT CHAPTER II - CRIMES AGAINST POPULAR
WITNESSES .......................................................... 155 REPRESENTATION................................................... 166
ARTICLE 131 - PROHIBITION, INTERRUPTION AND ARTICLE 143 - ACTS TENDING TO PREVENT THE
DISSOLUTION OF PEACEFUL MEETINGS .......... 155 MEETING OF THE CONGRESS OF THE
PHILIPPINES AND SIMILAR BODIES .................. 166
ARTICLE 132 - INTERRUPTION OF RELIGIOUS
WORSHIP ............................................................. 156 ARTICLE 144 - DISTURBANCE OF PROCEEDINGS
............................................................................... 167
ARTICLE 133 - OFFENDING THE RELIGIOUS
FEELINGS ............................................................. 156 ARTICLE 145 - VIOLATION OF PARLIAMENTARY
IMMUNITY ............................................................. 167
SPECIAL LAWS.......................................................... 157
CHAPTER III – ILLEGAL ASSEMBLIES AND
RA 9372: HUMAN SECURITY ACT ....................... 157
ASSOCIATIONS ......................................................... 167
RA 9745: ANTI-TORTURE ACT ............................ 158
ARTICLE 146 - ILLEGAL ASSEMBLIES ................. 167
TITLE III. CRIMES AGAINST PUBLIC ORDER ... 160
ARTICLE 147 - ILLEGAL ASSOCIATIONS ............ 168
CHAPTER I. REBELLION, COUP D’ETAT, SEDITION
ILLEGAL ASSEMBLY .........................................168
AND DISLOYALTY ...................................................... 161
ARTICLE 134 - REBELLION /INSURRECTION ...... 161 ILLEGAL ASSOCIATION ....................................168
CHAPTER IV - ASSAULT UPON AND RESISTANCE
REBELLION ..................................................... 162
AND DISOBEDIENCE TO, PERSONS IN AUTHORITY
INSURRECTION ............................................... 162 AND THEIR AGENTS .................................................170
SEDITION ........................................................ 162 ARTICLE 148 - DIRECT ASSAULT ........................170
ARTICLE 134-A - COUP D’ÉTAT ........................... 162 ARTICLE 152 - PERSONS IN AUTHORITY AND
AGENTS OF PERSONS IN AUTHORITY ................171
ARTICLE 135 - PENALTY FOR REBELLION,
INSURRECTION OR COUP D’ÉTAT ..................... 162 PUBLIC OFFICER (ART. 203) .............................171
ARTICLE 136 - CONSPIRACY AND PROPOSAL TO PERSONS IN AUTHORITY (ART. 152) .................171
COMMIT COUP D’ ÉTAT, REBELLION OR
INSURRECTION.................................................... 163 AGENTS OF A PERSON IN AUTHORITY (ART. 152)
.........................................................................171
ARTICLE 137 - DISLOYALTY OF PUBLIC OFFICERS
OR EMPLOYEES ................................................... 163 ARTICLE 149 - INDIRECT ASSAULT ..................... 172
ARTICLE 138 - INCITING TO REBELLION OR ARTICLE 150 - DISOBEDIENCE TO SUMMONS

INSURRECTION.................................................... 163 ISSUED BY CONGRESS, ITS COMMITTEES OR
SUBCOMMITTEES, BY THE CONSTITUTIONAL
PROPOSAL TO COMMIT REBELLION ............... 164 COMMISSIONS, ITS COMMITTEES,
INCITING TO REBELLION................................. 164 SUBCOMMITTEES OR DIVISIONS........................ 172
CONSPIRACY .................................................. 164 ARTICLE 151 - RESISTANCE AND DISOBEDIENCE

TO A PERSON IN AUTHORITY OR THE AGENTS OF
PROPOSAL ...................................................... 164 SUCH PERSONS ................................................... 173
ARTICLE 139 - SEDITION ..................................... 164 SERIOUS DISOBEDIENCE ................................. 173
REBELLION ..................................................... 165 DIRECT ASSAULT ............................................. 173
SEDITION ........................................................ 165 CHAPTER V - PUBLIC DISORDERS .......................... 173
COUP D’ÉTAT .................................................. 165 ARTICLE 153 - TUMULTS AND OTHER
DISTURBANCES OF PUBLIC ORDER .................. 173
TREASON ........................................................ 165
ARTICLE 154 - UNLAWFUL USE OF MEANS OF ARTICLE 168 - ILLEGAL POSSESSION AND USE OF
PUBLICATION AND UNLAWFUL UTTERANCES. 174 FALSE TREASURY OR BANK NOTES AND OTHER
INSTRUMENTS OF CREDIT ................................. 189
ARTICLE 155 - ALARMS AND SCANDALS .......... 174
ARTICLE 169 - HOW FORGERY IS COMMITTED 189
ARTICLE 156 - DELIVERING PRISONERS FROM
JAIL ....................................................................... 175 ACTS OF FALSIFICATION......................................... 190
CHAPTER VI - EVASION OF SERVICE OF SENTENCE ARTICLE 170 - FALSIFICATION OF LEGISLATIVE
................................................................................... 175 DOCUMENTS ....................................................... 190
ARTICLE 157 - EVASION OF SERVICE OF FORGERY ........................................................ 190
SENTENCE............................................................ 175
FALSIFICATION ............................................... 190
ARTICLE 158 - EVASION OF SERVICE OF
SENTENCE ON THE OCCASION OF DISORDERS, ARTICLE 171 – FALSIFICATION BY PUBLIC
CONFLAGRATIONS, EARTHQUAKES, OR OTHER OFFICER, EMPLOYEE OR NOTARY OR
CALAMITIES ......................................................... 176 ECCLESIASTICAL MINISTER ............................... 190
ARTICLE 159 - OTHER CASES OF EVASION OF FOUR KINDS OF DOCUMENTS ............................193

SERVICE OF SENTENCE .......................................177 PUBLIC AND PRIVATE WRITINGS UNDER THE
RULES OF COURT: ................................................193
VIOLATION OF CONDITIONAL PARDON ........... 177
ARTICLE 172 – FALSIFICATION BY PRIVATE
EVASION OF SERVICE OF SENTENCE ............... 177
INDIVIDUAL AND USE OF FALSIFIED DOCUMENTS
CHAPTER VII - COMMISSION OF ANOTHER CRIME .............................................................................. 194
DURING SERVICE OF PENALTY IMPOSED FOR
ARTICLE 173 – FALSIFICATION OF WIRELESS,
ANOTHER PREVIOUS OFFENSE ...............................177
CABLE, TELEGRAPH AND TELEPHONE
ARTICLE 160 - QUASI RECIDIVISM ......................177 MESSAGES, AND USE OF SAID FALSIFIED
MESSAGES........................................................... 195
SPECIAL LAWS.......................................................... 178
ARTICLE 174 – FALSE MEDICAL CERTIFICATES,
PD 1866 AS AMENDED BY RA 8294: ILLEGAL
FALSE CERTIFCATES OF MERITS OF SERVICE, ETC.
POSSESSION OF FIREARMS ............................... 178
.............................................................................. 196
COMPREHENSIVE FIREARMS AND AMMUNITION
ARTICLE 175 – USING FALSE CERTIFICATES .... 196
REGULATION ACT................................................. 181
ARTICLE 176 – MANUFACTURING AND
RA 9372: HUMAN SECURITY ACT ............................ 185
POSSESSION OF INSTRUMENTS OR IMPLEMENTS
TITLE IV. CRIMES AGAINST PUBLIC INTEREST FOR FALSIFICATION ........................................... 196
....................................................................... 185 OTHER FALSITIES .................................................... 196
ACTS OF COUNTERFEITING .................................... 186 ARTICLE 177 - USURPATION OF AUTHORITY OR
ARTICLE 161 - COUNTERFEITING THE GREAT SEAL OFFICIAL FUNCTIONS......................................... 196
OF THE GOVERNMENT OF THE PHILIPPINE ARTICLE 178 - USING FICTITIOUS AND
ISLANDS, FORGING THE SIGNATURE OR STAMP CONCEALING TRUE NAME .................................. 197
OF THE CHIEF EXECUTIVE .................................. 186
USE OF FICTITIOUS NAME ............................... 197
ARTICLE 164 – MUTILATION OF COINS.............. 187
CONCEALING TRUE NAME ............................... 197
ARTICLE 165 – SELLING OF FALSE OR MUTILATED
COIN, WITHOUT CONNIVANCE........................... 188 ARTICLE 179 - ILLEGAL USE OF UNIFORMS AND
INSIGNIA ............................................................... 197
ARTICLE 166 – FORGING TREASURY OR BANK
NOTES OR OTHER DOCUMENTS PAYABLE TO ARTICLE 180 - FALSE TESTIMONY AGAINST A
BEARER; IMPORTING AND UTTERING SUCH DEFENDANT ........................................................ 198
FALSE OR FORGED NOTES AND DOCUMENTS 188
ARTICLE 181 - FALSE TESTIMONY FAVORABLE TO
ARTICLE 167 – COUNTERFEITING, IMPORTING, THE DEFENDANT ................................................ 198
AND UTTERING INSTRUMENTS NOT PAYABLE TO
ARTICLE 182 - FALSE TESTIMONY IN CIVIL CASES
BEARER ................................................................ 189
.............................................................................. 198
ACTS OF FORGERY................................................... 189
ARTICLE 183 - FALSE TESTIMONY IN OTHER ARTICLE 201 - IMMORAL DOCTRINES,
CASES AND PERJURY IN SOLEMN AFFIRMATION OBSCENE PUBLICATIONS AND EXHIBITIONS
.............................................................................. 199 AND INDECENT SHOWS ............................. 215
ARTICLE 184 - OFFERING FALSE TESTIMONY IN
ARTICLE 202 - PROSTITUTION (AMENDED
EVIDENCE ............................................................. 199
BY RA 10158) ................................................ 216
ARTICLE 185 - MACHINATIONS IN PUBLIC
AUCTIONS ........................................................... 200 SPECIAL LAWS ............................................. 217
ARTICLE 186 – MONOPOLIES AND RA 9208: ANTI-TRAFFICKING IN PERSONS

COMBINATIONS IN RESTRAINT OF TRADE ...... 200 ACT ............................................................... 217
ARTICLE 187 – IMPORTATION AND DISPOSITION RA 10364 THE EXPANDED ANTI-
OF FALSELY MARKED ARTICLES OR TRAFFICKING IN PERSONS ACT OF 2012 .. 218
MERCHANDISE MADE OF GOLD, SILVER, OR
OTHER PRECIOUS METALS OR THEIR ALLOYS 201 TITLE VII. CRIMES COMMITTED BY PUBLIC
OFFICERS .................................................223
SPECIAL LAWS.......................................................... 201
RA 9194: ANTI-MONEY LAUNDERING ACT ........ 201 CHAPTER 1: PRELIMINARY PROVISIONS . 223
TITLE V. CRIMES RELATIVE TO OPIUM AND CHAPTER 2: MALFEASANCE AND

OTHER PROHIBITED DRUGS ......................... 204 MISFEASANCE IN OFFICE .......................... 223
DEFINITION OF IMPORTANT TERMS .................... 204 CHAPTER 3: FRAUDS AND ILLEGAL

EXACTIONS AND TRANSACTIONS ............ 223
ACTS PUNISHED ...................................................... 204
CHAPTER 4: MALVERSATION OF PUBLIC
PENALTIES FOR UNLAWFUL ACTS ........................ 205
FUNDS AND PROPERTIES ......................... 223
IMMUNITY FROM PROSECUTION AND
PUNISHMENT .......................................................... 207 CHAPTER 5: INFIDELITY OF PUBLIC
OFFICERS .................................................... 223
TERMINATION OF GRANT OF IMMUNITY [SEC. 34,
ART. II, RA 9165]: ...................................................... 207 CHAPTER 6: OTHER OFFENSES AND
CUSTODY AND DISPOSITION OF SEIZED IRREGULARITIES BY PUBLIC OFFICERS ... 223
SUBSTANCES ........................................................... 208 CHAPTER I: PRELIMINARY PROVISIONS ...... 224
TITLE VI. CRIMES AGAINST PUBLIC MORALS ART. 203 - WHO ARE PUBLIC OFFICERS .. 224
...................................................................211 CHAPTER II: MALFEASANCE AND
CHAPTER I: GAMBLING AND BETTING ....... 211 MISFEASANCE IN OFFICE .............................. 224
CHAPTER II: OFFENSES AGAINST DECENCY ARTICLE 204 - KNOWINGLY RENDERING
AND GOOD CUSTOMS ................................. 211 UNJUST JUDGMENT ................................... 225
CHAPTER 1: GAMBLING AND BETTING ........... 211 ARTICLE 205 - JUDGMENT RENDERED
SPECIAL LAWS .............................................. 211 THROUGH NEGLIGENCE ............................ 225
PD 1602: ANTI-GAMBLING ACT ................... 211 ARTICLE 206 - UNJUST INTERLOCUTORY

ORDER ........................................................ 225
RA 9287: INCREASING THE PENALTY FOR
ILLEGAL NUMBERS GAMES ....................... 212 ARTICLE 207 - MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE.................. 226
LETTER OF INSTRUCTION NO. 816 ............ 212
ARTICLE 208 - PROSECUTION OF
COCKFIGHTING LAW OF 1974 [PD 449] ..... 213 OFFENSES; NEGLIGENCE AND TOLERANCE
CHAPTER II: OFFENSES AGAINST DECENCY ..................................................................... 226
AND GOOD CUSTOMS ..................................... 215 ARTICLE 209 – BETRAYAL OF TRUST BY AN
ARTICLE 200 - GRAVE SCANDAL............... 215 ATTORNEY OR A SOLICITOR – REVELATION
OF SECRETS ................................................ 226
ARTICLE 210 - DIRECT BRIBERY.................227 ARTICLE 221 - FAILURE TO MAKE DELIVERY
ARTICLE 211 - INDIRECT BRIBERY ............. 228 OF PUBLIC FUNDS OR PROPERTY ........... 240
ARTICLE 222 - OFFICERS INCLUDED IN THE
ARTICLE 211-A - QUALIFIED BRIBERY ....... 229
PRECEDING PROVISIONS ........................... 241
ARTICLE 212 - CORRUPTION OF PUBLIC
OFFICIALS ................................................... 229 CHAPTER V: INFIDELITY OF PUBLIC OFFICERS
........................................................................... 241
SPECIAL LAWS ............................................ 230
SECTION ONE - INFIDELITY IN THE CUSTODY
RA 3019: ANTI-GRAFT AND CORRUPT OF PRISONERS ............................................ 241
PRACTICES .................................................. 230
ARTICLE 223 - CONNIVING WITH OR
RA 7080: ANTI-PLUNDER ACT .................. 232 CONSENTING TO EVASION ........................ 241
PD 46 ........................................................... 234 ARTICLE 224 - EVASION THROUGH
RA 6713 (CODE OF CONDUCT AND ETHICAL NEGLIGENCE................................................ 241
STANDARDS FOR PUBLIC OFFICIALS AND ARTICLE 225 - ESCAPE OF PRISONER
EMPLOYEES) ............................................... 234 UNDER THE CUSTODY OF A PERSON NOT A
CHAPTER III: FRAUDS AND ILLEGAL PUBLIC OFFICER ........................................ 242
EXACTIONS AND TRANSACTIONS ................ 235 SECTION TWO - INFIDELITY IN THE
ARTICLE 213 - FRAUD AGAINST THE PUBLIC CUSTODY OF DOCUMENTS ....................... 242
TREASURY AND SIMILAR OFFENSES ....... 235 ARTICLE 226 - REMOVAL, CONCEALMENT,
ARTICLE 214 - OTHER FRAUDS ................. 236 OR DESTRUCTION OF DOCUMENTS ........ 242
ART. 215: PROHIBITED TRANSACTIONS ...237 ARTICLE 227 - OFFICER BREAKING SEAL 243
ARTICLE 216 - POSSESSION OF PROHIBITED REVELATION OF SECRETS ....................... 243

INTEREST BY A PUBLIC OFFICER ...............237
BY AN OFFICER ........................................ 243
CHAPTER IV: MALVERSATION OF PUBLIC
(ART. 229) ................................................ 243
FUNDS OR PROPERTY ....................................237
ARTICLE 217 - MALVERSATION OF PUBLIC
REMOVAL, CONCEALMENT OR
FUNDS OR PROPERTY - PRESUMPTION OF DESTRUCTION OF DOCUMENTS (ART. 226)
MALVERSATION ..........................................237 ................................................................. 243
MALVERSATION ...................................... 239 ARTICLE 228 - OPENING OF CLOSED
DOCUMENTS .............................................. 243
(ART. 217) ................................................. 239
ARTICLE 229 - REVELATION OF SECRETS BY
ESTAFA WITH ABUSE OF CONFIDENCE (ART. AN OFFICER ................................................ 243
315) .......................................................... 239
ARTICLE 230 - PUBLIC OFFICERS
ARTICLE 218 - FAILURE OF ACCOUNTABLE REVEALING SECRETS OF PRIVATE
OFFICER TO RENDER ACCOUNTS ............ 239 INDIVIDUALS .............................................. 244
ARTICLE 219 - FAILURE OF A RESPONSIBLE CHAPTER VI: OTHER OFFENSES OR
PUBLIC OFFICER TO RENDER ACCOUNTS IRREGULARITIES BY PUBLIC OFFICERS ....... 244
BEFORE LEAVING THE COUNTRY ............. 240
SECTION ONE - DISOBEDIENCE, ............... 244
ARTICLE 220 - ILLEGAL USE OF PUBLIC
REFUSAL OF ASSISTANCE, AND
FUNDS OR PROPERTY ............................... 240
MALTREATMENT OF PRISONERS ............. 244
MALVERSATION ...................................... 240 ARTICLE 231 - OPEN DISOBEDIENCE ........ 244
(ART. 217) ................................................. 240 ARTICLE 232 - DISOBEDIENCE TO THE
TECHNICAL MALVERSATION (ART. 220) . 240 ORDER OF SUPERIOR OFFICER WHEN SAID
ORDER WAS SUSPENDED BY INFERIOR TITLE VIII. CRIMES AGAINST PERSONS .. 250
OFFICER ...................................................... 244
CHAPTER I: DESTRUCTION OF LIFE ......... 250
ARTICLE 233 - REFUSAL OF ASSISTANCE 245
CHAPTER II: PHYSICAL INJURIES .............. 250
ARTICLE 234 - REFUSAL TO DISCHARGE
CHAPTER I DESTRUCTION OF LIFE ............... 250
ELECTIVE OFFICE ....................................... 245
ARTICLE 246 - PARRICIDE ......................... 250
ARTICLE 235 - MALTREATMENT OF
PRISONERS ................................................. 245 ARTICLE 247 - DEATH OR PHYSICAL
INJURIES UNDER EXCEPTIONAL
RA 9372: HUMAN SECURITY ACT .............. 246
CIRCUMSTANCES ........................................ 251
SECTION TWO - ANTICIPATION,
ARTICLE 248 - MURDER ............................ 252
PROLONGATION, AND ABANDONMENT OF
THE DUTIES AND POWERS OF PUBLIC ARTICLE 249 - HOMICIDE .......................... 253
OFFICE ......................................................... 247 ARTICLE 250 - PENALTY FOR FRUSTRATED
ARTICLE 236 - ANTICIPATION OF DUTIES OF PARRICIDE, MURDER OR HOMICIDE ....... 254
A PUBLIC OFFICER ..................................... 247 ARTICLE 251 - DEATH CAUSED IN
ARTICLE 237 - PROLONGING TUMULTUOUS AFFRAY ............................. 255
PERFORMANCE OF DUTIES AND POWERS ARTICLE 252 - PHYSICAL INJURIES CAUSED
..................................................................... 247 IN TUMULTUOUS AFFRAY ......................... 255
ARTICLE 238 - ABANDONMENT OF OFFICE ARTICLE 253 - GIVING ASSISTANCE TO
OR POSITION .............................................. 247 SUICIDE ....................................................... 255
ABANDONMENT OF OFFICE OR POSITION ARTICLE 254 - DISCHARGE OF FIREARMS
................................................................. 247 ..................................................................... 256
(ART. 238) ................................................ 247 ARTICLE 255 – INFANTICIDE ..................... 256
DERELICTION OF DUTY............................ 247 ARTICLE 256 - INTENTIONAL ABORTION 257
(ART. 208)................................................ 247 ABORTION ................................................257

SECTION THREE - USURPATION OF POWERS INFANTICIDE ............................................257
AND UNLAWFUL APPOINTMENTS ........... 247 ARTICLE 257 - UNINTENTIONAL ABORTION
ARTICLE 239 - USURPATION OF ..................................................................... 258
LEGISLATIVE POWERS ............................... 248 ARTICLE 258 - ABORTION PRACTICED BY
ARTICLE 240 - USURPATION OF EXECUTIVE THE WOMAN HERSELF OR BY PARENTS . 258
FUNCTIONS................................................. 248 ARTICLE 259 - ABORTION BY A PHYSICIAN
ARTICLE 241 - USURPATION OF JUDICIAL OR MIDWIFE AND DISPENSING OF
FUNCTIONS................................................. 248 ABORTIVES ................................................. 258
ARTICLE 242 - DISOBEYING REQUEST FOR ARTICLE 260 - RESPONSIBILITY OF
DISQUALIFICATION .................................... 248 PARTICIPANTS IN A DUEL ......................... 259
ARTICLE 243 - ORDERS OR REQUEST BY ARTICLE 261 - CHALLENGING TO A DUEL 259
EXECUTIVE OFFICER TO ANY JUDICIAL CHAPTER II PHYSICAL INJURIES ................... 259
AUTHORITY ................................................. 248
ARTICLE 262 – MUTILATION ..................... 259
ARTICLE 244 - UNLAWFUL APPOINTMENTS
..................................................................... 248 ARTICLE 263 - SERIOUS PHYSICAL INJURIES
..................................................................... 260
ARTICLE 245 - ABUSES AGAINST CHASTITY
..................................................................... 249 PHYSICAL INJURIES ................................. 260
ATTEMPTED OR FRUSTRATED HOMICIDE ARTICLE 271 - INDUCING A MINOR TO
................................................................. 260 ABANDON HIS HOME.................................. 281
ARTICLE 264 - ADMINISTERING INJURIOUS ARTICLE 272 - SLAVERY ............................. 281

SUBSTANCES OR BEVERAGES ................. 262 ARTICLE 273 - EXPLOITATION OF CHILD
ARTICLE 265 - LESS SERIOUS PHYSICAL LABOR .......................................................... 281
INJURIES ..................................................... 262 ARTICLE 274 - SERVICES RENDERED UNDER
ARTICLE 266 - SLIGHT PHYSICAL INJURIES COMPULSION IN PAYMENT OF DEBT....... 282
AND MALTREATMENT ............................... 262 CHAPTER II: CRIMES AGAINST SECURITY .... 282
ARTICLE 266-A - RAPE .............................. 263 ARTICLE 275 - ABANDONMENT OF
(AS AMENDED BY RA 8353) ...................... 263 PERSONS IN DANGER AND ABANDONMENT
OF OWN VICTIM .......................................... 282
OLD ANTI-RAPE LAW .............................. 264
ARTICLE 276 - ABANDONING A MINOR ... 282
RA 8553 ................................................... 264
ARTICLE 277 - ABANDONMENT OF MINOR
SPECIAL LAWS ................................................ 267 BY PERSON ENTRUSTED WITH CUSTODY;
RA 9262: ANTI-VIOLENCE AGAINST WOMEN INDIFFERENCE OF PARENTS .................... 283
AND THEIR CHILDREN ACT OF 2004 ....... 267 ARTICLE 278 - EXPLOITATION OF MINORS
RA 9775: ANTI-CHILD PORNOGRAPHY ACT ..................................................................... 283
OF 2009 ...................................................... 268 ARTICLE 280 - QUALIFIED TRESPASS TO
RA 8049: ANTI-HAZING LAW .................... 270 DWELLING................................................... 284
RA 7610: SPECIAL PROTECTION OF ARTICLE 281 - OTHER FORMS OF TRESPASS

CHILDREN AGAINST CHILD ABUSE, ..................................................................... 286
EXPLOITATION AND DISCRIMINATION ACT ARTICLE 282 - GRAVE THREATS ............... 286
......................................................................272
ARTICLE 283 - LIGHT THREATS ................ 287
RA 9344: JUVENILE JUSTICE AND WELFARE
ARTICLE 284 - BOND FOR GOOD BEHAVIOR
ACT (AS FURTHER AMENDED BY THE RA
..................................................................... 288
10630 / THE ACT STRENGTHENING THE
JUVENILE JUSTICE SYSTEM IN THE ARTICLE 285 – OTHER LIGHT THREATS .. 288
PHILIPPINES) ...............................................273 ARTICLE 286 - GRAVE COERCIONS .......... 288
PD 603: CHILD AND YOUTH WELFARE CODE ARTICLE 287 - LIGHT COERCIONS ............ 290
..................................................................... 274
ARTICLE 288 - OTHER SIMILAR COERCIONS
RA 9372: HUMAN SECURITY ACT OF 2007 ..................................................................... 290
..................................................................... 275
ARTICLE 289 - FORMATION, MAINTENANCE,
TITLE IX. CRIMES AGAINST PERSONAL AND PROHIBITION OF COMBINATION OF
LIBERTY AND SECURITY ..........................275 CAPITAL OR LABOR THROUGH VIOLENCE
CHAPTER I CRIMES AGAINST LIBERTY ......... 276 OR THREATS ................................................ 291
ARTICLE 267 - KIDNAPPING AND SERIOUS CHAPTER III: DISCOVERY AND REVELATION OF
ILLEGAL DETENTION ................................. 276 SECRETS ........................................................... 291
ARTICLE 268 - SLIGHT ILLEGAL DETENTION ARTICLE 290 - DISCOVERING SECRETS

..................................................................... 279 THROUGH SEIZURE OF CORRESPONDENCE
...................................................................... 291
ARTICLE 269 - UNLAWFUL ARREST ......... 279
ARTICLE 291 - REVEALING SECRETS WITH
ARTICLE 270 - KIDNAPPING AND FAILURE
ABUSE OF OFFICE ...................................... 292
TO RETURN A MINOR ................................ 280
ARTICLE 292 - REVELATION OF INDUSTRIAL ARTICLE 307 - AIDING AND ABETTING A
SECRETS ..................................................... 292 BAND OF BRIGANDS ................................... 312
SPECIAL LAWS ............................................ 292 CHAPTER 3 THEFT ........................................... 313
RA 4200 (ANTI WIRE TAPPING ACT) ........ 292 ARTICLE 308 - WHO ARE LIABLE FOR THEFT
RA 9327 (HUMAN SECURITY ACT) ............ 293 ...................................................................... 313
ARTICLE 309 – PENALTIES ......................... 314
RA 9208: ANTI-TRAFFICKING IN PERSONS
ACT OF 2003 ................................................ 301 THE BASIS OF THE PENALTY IN THEFT IS . 314
TITLE X. CRIMES AGAINST PROPERTY ... 303 ARTICLE 310 - QUALIFIED THEFT ............... 314
CHAPTER I: ROBBERY IN GENERAL .............. 303 PD 1612: ANTI-FENCING LAW ..................... 315
ARTICLE 293 - WHO ARE GUILTY OF RA 6539: ANTI-CARNAPPING ACT ............. 316
ROBBERY .................................................... 303 ARTICLE 311 - THEFT OF THE PROPERTY OF
ARTICLE 294 – ROBBERY WITH VIOLENCE THE NATIONAL LIBRARY AND NATIONAL
AGAINST OR INTIMIDATION OF PERSONS MUSEUM ...................................................... 318
..................................................................... 305 CHAPTER 4: USURPATION ............................. 318
ARTICLE 295 - ROBBERY WITH PHYSICAL ARTICLE 312 - OCCUPATION OF REAL
INJURIES, IN AN UNINHABITED PLACE AND PROPERTY OR USURPATION OF REAL
BY A BAND .................................................. 306 RIGHTS IN PROPERTY ................................. 318
ARTICLE 296 – ROBBERY BY A BAND ...... 307 ARTICLE 313 - ALTERING BOUNDARIES OR
ARTICLE 297 - ATTEMPTED AND LANDMARKS................................................ 319
FRUSTRATED ROBBERY WITH HOMICIDE308 CHAPTER 5: CULPABLE INSOLVENCY ........... 319
ARTICLE 298 - EXECUTION OF DEEDS ART. 314 - FRAUDULENT INSOLVENCY ..... 319
THROUGH VIOLENCE OR INTIMIDATION . 308
CHAPTER 6: SWINDLING AND OTHER DECEITS
ARTICLE 299 - ROBBERY IN AN INHABITED .......................................................................... 320
HOUSE OR PUBLIC BUILDING OR EDIFICE
DEVOTED TO WORSHIP ............................. 309 ARTICLE 315 - ESTAFA ............................... 320
ARTICLE 301 - WHAT IS AN INHABITED BP 22 (ANTI-BOUNCING CHECKS LAW) ... 325

HOUSE, PUBLIC BUILDING DEDICATED TO ESTAFA THROUGH OTHER FRAUDULENT
RELIGIOUS WORSHIP AND THEIR MEANS (315 PAR 3 (A) (B) (C)) .................... 326
DEPENDENCIES: .......................................... 310
ARTICLE 316 - OTHER FORMS OF
ARTICLE 300 – ROBBERY IN AN SWINDLING AND DECEITS .........................327
UNINHABITED PLACE AND BY A BAND ..... 310
ARTICLE 317 - SWINDLING OF A MINOR ... 330
ARTICLE 302 – ROBBERY IN AN
ARTICLE 318 - OTHER DECEITS ................. 330
UNINHABITED PLACE OR PRIVATE BUILDING
....................................................................... 311 CHAPTER 7: CHATTEL MORTGAGE ............... 330
ARTICLE 303 - ROBBERY OF CEREALS, ARTICLE 319 - REMOVAL, SALE, OR PLEDGE

FRUITS OR FIREWOOD IN AN UNINHABITED OF MORTGAGED PROPERTY..................... 330
PLACE OR PRIVATE BUILDING .................... 311 CHAPTER 8: ARSON AND OTHER CRIMES
ARTICLE 304 - POSSESSION OF PICKLOCK INVOLVING DESTRUCTION ............................. 331
OR SIMILAR TOOLS ...................................... 311 KINDS OF ARSON: ....................................... 331
ARTICLE 305 - FALSE KEYS ......................... 311 PD 1613, §1. ARSON .................................... 332
CHAPTER 2: BRIGANDAGE ............................. 312 PD 1613, §2. DESTRUCTIVE ARSON .......... 332
ARTICLE 306 - WHO ARE BRIGANDS ....... 312
CHAPTER 9 MALICIOUS MISCHIEF .................333 RA 9995: ANTI-PHOTO AND VIDEO
ARTICLE 327 - WHO ARE RESPONSIBLE ...333 VOYEURISM ACT OF 2009 ..........................347
ARTICLE 328 - SPECIAL CASES OF TITLE XII. CRIMES AGAINST THE CIVIL
MALICIOUS MISCHIEF .................................333 STATUS OF PERSONS ..............................347
ARTICLE 329 - OTHER MISCHIEFS ............ 334 CHAPTER I: SIMULATION OF BIRTHS AND
USURPATION OF CIVIL STATUS .................... 348
ARTICLE 330 - DAMAGE AND OBSTRUCTION
TO MEANS OF COMMUNICATION ............. 334 ARTICLE 347 - SIMULATION OF BIRTHS,
SUBSTITUTION OF ONE CHILD FOR
ARTICLE 331 – DESTROYING OR DAMAGING
ANOTHER, AND CONCEALMENT OR
STATUES, PUBLIC MONUMENTS OR
ABANDONMENT OF A LEGITIMATE CHILD
PAINTINGS .................................................. 334
..................................................................... 348
CHAPTER 10: EXEMPTION FROM CRIMINAL
ARTICLE 348 - USURPATION OF CIVIL
LIABILITY ......................................................... 334
STATUS ....................................................... 348
ARTICLE 332 - EXEMPTION FROM CRIMINAL
CHAPTER II: ILLEGAL MARRIAGES ................ 349
LIABILITY IN CRIMES AGAINST PROPERTY
..................................................................... 334 ARTICLE 349 – BIGAMY ............................. 349
TITLE XI. CRIMES AGAINST CHASTITY .. 335 ARTICLE 350 - MARRIAGE CONTRACTED
AGAINST PROVISIONS OF LAWS ............... 351
ARTICLE 333 - ADULTERY.......................... 335
ARTICLE 351 - PREMATURE MARRIAGE .... 351
ARTICLE 334 - CONCUBINAGE .................. 336
ARTICLE 352 - PERFORMANCE OF ILLEGAL
ARTICLE 336 - ACTS OF LASCIVIOUSNESS MARRIAGE CEREMONY .............................. 351
...................................................................... 337
TITLE XIII. CRIMES AGAINST HONOR ..... 352
TWO KINDS OF SEDUCTION: ......................... 339
CHAPTER I LIBEL ............................................ 352
ARTICLE 337 - QUALIFIED SEDUCTION .... 339
ARTICLE 353 - DEFINITION OF LIBEL........ 352
ARTICLE 338 - SIMPLE SEDUCTION........... 341
ARTICLE 354 - REQUIREMENT FOR
ARTICLE 339 - ACTS OF LASCIVIOUSNESS
PUBLICITY ................................................... 354
WITH THE CONSENT OF THE OFFENDED
PARTY.......................................................... 342 ARTICLE 355 - LIBEL BY WRITING OR
SIMILAR MEANS ......................................... 356
ARTICLE 340 - CORRUPTION OF MINORS 342
ARTICLE 356 - THREATENING TO PUBLISH
ARTICLE 341 - WHITE SLAVE TRADE......... 342
AND OFFER TO PREVENT SUCH
TWO KINDS OF ABDUCTION: ......................... 343 PUBLICATION FOR A COMPENSATION .... 356
ARTICLE 342 - FORCIBLE ABDUCTION ..... 343 ARTICLE 357 - PROHIBITED PUBLICATION
ARTICLE 343 - CONSENTED ABDUCTION 344 OF ACTS REFERRED TO IN THE COURSE OF
OFFICIAL PROCEEDINGS (GAG LAW) ....... 356
ARTICLE 344 - PROSECUTION OF PRIVATE
OFFENSES ................................................... 345 ARTICLE 358 - SLANDER ........................... 356
ARTICLE 345: CIVIL LIABILITY OF PERSONS ARTICLE 359 - SLANDER BY DEED ............357
GUILTY OF CRIMES AGAINST CHASTITY .. 346 ARTICLE 360 - PERSONS RESPONSIBLE FOR
ARTICLE 346 – LIABILITY OF ASCENDANTS, LIBEL............................................................ 358
GUARDIANS, TEACHERS AND OTHER ARTICLE 361 - PROOF OF TRUTH .............. 359
PERSONS ENTRUSTED WITH THE CUSTODY
ARTICLE 362 - LIBELOUS REMARKS ........ 360
OF THE OFFENDED PARTY .........................347
CHAPTER II: INCRIMINATORY MACHINATIONS
SPECIAL LAWS .................................................347
.......................................................................... 360
ARTICLE 363 - INCRIMINATING INNOCENT ARTICLE 284 - BOND FOR GOOD BEHAVIOR
PERSON ...................................................... 360 ...................................................................... 377
ARTICLE 364 - INTRIGUING AGAINST ARTICLE 285 – OTHER LIGHT THREATS ... 377
HONOR ......................................................... 361
ARTICLE 286 - GRAVE COERCIONS .......... 378
TITLE XIV. QUASI-OFFENSES ................... 361 ARTICLE 287 - LIGHT COERCIONS .............379
ARTICLE 365 - IMPRUDENCE AND ARTICLE 288 - OTHER SIMILAR COERCIONS
NEGLIGENCE ............................................ 361 ......................................................................379
TITLE IX. CRIMES AGAINST PERSONAL ARTICLE 289 - FORMATION, MAINTENANCE,
LIBERTY AND SECURITY ......................... 365 AND PROHIBITION OF COMBINATION OF
CAPITAL OR LABOR THROUGH VIOLENCE
CHAPTER I CRIMES AGAINST LIBERTY ......... 365
OR THREATS ............................................... 380
ARTICLE 267 - KIDNAPPING AND SERIOUS
CHAPTER III: DISCOVERY AND REVELATION OF
ILLEGAL DETENTION ................................. 365
SECRETS .......................................................... 380
ARTICLE 268 - SLIGHT ILLEGAL DETENTION
ARTICLE 290 - DISCOVERING SECRETS
..................................................................... 368
THROUGH SEIZURE OF CORRESPONDENCE
ARTICLE 269 - UNLAWFUL ARREST ......... 369 ..................................................................... 380
ARTICLE 270 - KIDNAPPING AND FAILURE ARTICLE 291 - REVEALING SECRETS WITH
TO RETURN A MINOR ................................ 369 ABUSE OF OFFICE ....................................... 381
ARTICLE 271 - INDUCING A MINOR TO ARTICLE 292 - REVELATION OF INDUSTRIAL
ABANDON HIS HOME................................. 370 SECRETS ...................................................... 381
ARTICLE 272 - SLAVERY ............................ 370 SPECIAL LAWS ............................................. 381
ARTICLE 273 - EXPLOITATION OF CHILD RA 4200 (ANTI WIRE TAPPING ACT) ......... 381
LABOR .......................................................... 371
RA 9327 (HUMAN SECURITY ACT) ............ 382
ARTICLE 274 - SERVICES RENDERED UNDER
RA 9208: ANTI-TRAFFICKING IN PERSONS
COMPULSION IN PAYMENT OF DEBT........ 371
ACT OF 2003 ............................................... 390
CHAPTER II: CRIMES AGAINST SECURITY ..... 371
TITLE X. CRIMES AGAINST PROPERTY ... 392
ARTICLE 275 - ABANDONMENT OF
CHAPTER I: ROBBERY IN GENERAL .............. 393
PERSONS IN DANGER AND ABANDONMENT
OF OWN VICTIM ........................................... 371 ARTICLE 293 - WHO ARE GUILTY OF
ROBBERY .................................................... 393
ARTICLE 276 - ABANDONING A MINOR ....372
ARTICLE 294 – ROBBERY WITH VIOLENCE
ARTICLE 277 - ABANDONMENT OF MINOR
AGAINST OR INTIMIDATION OF PERSONS
BY PERSON ENTRUSTED WITH CUSTODY;
..................................................................... 394
INDIFFERENCE OF PARENTS .....................372
ARTICLE 295 - ROBBERY WITH PHYSICAL
ARTICLE 278 - EXPLOITATION OF MINORS
INJURIES, IN AN UNINHABITED PLACE AND
...................................................................... 373
BY A BAND .................................................. 396
ARTICLE 280 - QUALIFIED TRESPASS TO
ARTICLE 296 – ROBBERY BY A BAND ...... 396
DWELLING....................................................374
ARTICLE 297 - ATTEMPTED AND
ARTICLE 281 - OTHER FORMS OF TRESPASS
FRUSTRATED ROBBERY WITH HOMICIDE 397
......................................................................375
ARTICLE 298 - EXECUTION OF DEEDS
ARTICLE 282 - GRAVE THREATS ................376
THROUGH VIOLENCE OR INTIMIDATION ..397
ARTICLE 283 - LIGHT THREATS ................. 377
ARTICLE 299 - ROBBERY IN AN INHABITED CHAPTER 6: SWINDLING AND OTHER DECEITS
HOUSE OR PUBLIC BUILDING OR EDIFICE .......................................................................... 409
DEVOTED TO WORSHIP ............................. 398 ARTICLE 315 - ESTAFA ............................... 409
ARTICLE 301 - WHAT IS AN INHABITED
BP 22 (ANTI-BOUNCING CHECKS LAW) .... 414
HOUSE, PUBLIC BUILDING DEDICATED TO
RELIGIOUS WORSHIP AND THEIR ESTAFA THROUGH OTHER FRAUDULENT
DEPENDENCIES: ......................................... 399 MEANS (315 PAR 3 (A) (B) (C)) ..................... 416
ARTICLE 300 – ROBBERY IN AN ARTICLE 316 - OTHER FORMS OF

UNINHABITED PLACE AND BY A BAND ....400 SWINDLING AND DECEITS ......................... 417
ARTICLE 302 – ROBBERY IN AN ARTICLE 317 - SWINDLING OF A MINOR .... 419

UNINHABITED PLACE OR PRIVATE BUILDING ARTICLE 318 - OTHER DECEITS .................. 419
.....................................................................400
CHAPTER 7: CHATTEL MORTGAGE ................ 419
ARTICLE 303 - ROBBERY OF CEREALS,
ARTICLE 319 - REMOVAL, SALE, OR PLEDGE
FRUITS OR FIREWOOD IN AN UNINHABITED
OF MORTGAGED PROPERTY...................... 419
PLACE OR PRIVATE BUILDING ..................400
CHAPTER 8: ARSON AND OTHER CRIMES
ARTICLE 304 - POSSESSION OF PICKLOCK
INVOLVING DESTRUCTION ............................. 421
OR SIMILAR TOOLS ..................................... 401
KINDS OF ARSON: ....................................... 421
ARTICLE 305 - FALSE KEYS ........................ 401
PD 1613, §1. ARSON ..................................... 421
CHAPTER 2: BRIGANDAGE ............................. 401
PD 1613, §2. DESTRUCTIVE ARSON ........... 421
ARTICLE 306 - WHO ARE BRIGANDS ....... 401
CHAPTER 9 MALICIOUS MISCHIEF ................ 422
ARTICLE 307 - AIDING AND ABETTING A
BAND OF BRIGANDS .................................. 402 ARTICLE 327 - WHO ARE RESPONSIBLE .. 422
CHAPTER 3 THEFT .......................................... 402 ARTICLE 328 - SPECIAL CASES OF
MALICIOUS MISCHIEF ................................ 423
ARTICLE 308 - WHO ARE LIABLE FOR THEFT
..................................................................... 402 ARTICLE 329 - OTHER MISCHIEFS ............ 423
ARTICLE 309 – PENALTIES ........................ 403 ARTICLE 330 - DAMAGE AND OBSTRUCTION
TO MEANS OF COMMUNICATION ............. 423
THE BASIS OF THE PENALTY IN THEFT IS 403
ARTICLE 331 – DESTROYING OR DAMAGING
ARTICLE 310 - QUALIFIED THEFT .............. 404
STATUES, PUBLIC MONUMENTS OR
PD 1612: ANTI-FENCING LAW .................... 404 PAINTINGS .................................................. 423
RA 6539: ANTI-CARNAPPING ACT ............ 405 CHAPTER 10: EXEMPTION FROM CRIMINAL
ARTICLE 311 - THEFT OF THE PROPERTY OF LIABILITY ......................................................... 423
THE NATIONAL LIBRARY AND NATIONAL ARTICLE 332 - EXEMPTION FROM CRIMINAL
MUSEUM ..................................................... 407 LIABILITY IN CRIMES AGAINST PROPERTY
CHAPTER 4: USURPATION ............................ 408 ..................................................................... 423
ARTICLE 312 - OCCUPATION OF REAL TITLE XI. CRIMES AGAINST CHASTITY .. 424
PROPERTY OR USURPATION OF REAL ARTICLE 333 - ADULTERY.......................... 424
RIGHTS IN PROPERTY ................................ 408
ARTICLE 334 - CONCUBINAGE .................. 425
ARTICLE 313 - ALTERING BOUNDARIES OR
LANDMARKS............................................... 408 ARTICLE 336 - ACTS OF LASCIVIOUSNESS
..................................................................... 426
CHAPTER 5: CULPABLE INSOLVENCY .......... 408
TWO KINDS OF SEDUCTION: ......................... 428
ART. 314 - FRAUDULENT INSOLVENCY .... 408
ARTICLE 337 - QUALIFIED SEDUCTION .... 429
ARTICLE 338 - SIMPLE SEDUCTION.......... 430 ARTICLE 354 - REQUIREMENT FOR
ARTICLE 339 - ACTS OF LASCIVIOUSNESS PUBLICITY ................................................... 443
WITH THE CONSENT OF THE OFFENDED ARTICLE 355 - LIBEL BY WRITING OR
PARTY........................................................... 431 SIMILAR MEANS ......................................... 445
ARTICLE 340 - CORRUPTION OF MINORS 431 ARTICLE 356 - THREATENING TO PUBLISH
AND OFFER TO PREVENT SUCH
ARTICLE 341 - WHITE SLAVE TRADE.......... 431
PUBLICATION FOR A COMPENSATION .... 445
TWO KINDS OF ABDUCTION: ......................... 432
ARTICLE 357 - PROHIBITED PUBLICATION
ARTICLE 342 - FORCIBLE ABDUCTION ..... 432 OF ACTS REFERRED TO IN THE COURSE OF
ARTICLE 343 - CONSENTED ABDUCTION 434 OFFICIAL PROCEEDINGS (GAG LAW) ....... 445
ARTICLE 344 - PROSECUTION OF PRIVATE ARTICLE 358 - SLANDER ........................... 446

OFFENSES ................................................... 434 ARTICLE 359 - SLANDER BY DEED ........... 446
ARTICLE 345: CIVIL LIABILITY OF PERSONS ARTICLE 360 - PERSONS RESPONSIBLE FOR
GUILTY OF CRIMES AGAINST CHASTITY .. 435 LIBEL............................................................ 447
ARTICLE 346 – LIABILITY OF ASCENDANTS, ARTICLE 361 - PROOF OF TRUTH .............. 448
GUARDIANS, TEACHERS AND OTHER
PERSONS ENTRUSTED WITH THE CUSTODY ARTICLE 362 - LIBELOUS REMARKS ........ 449
OF THE OFFENDED PARTY ........................ 436 CHAPTER II: INCRIMINATORY MACHINATIONS
SPECIAL LAWS ................................................ 436 .......................................................................... 449
ARTICLE 363 - INCRIMINATING INNOCENT
RA 9995: ANTI-PHOTO AND VIDEO
PERSON ...................................................... 449
VOYEURISM ACT OF 2009 ......................... 436
ARTICLE 364 - INTRIGUING AGAINST
TITLE XII. CRIMES AGAINST THE CIVIL
HONOR ........................................................ 450
STATUS OF PERSONS ..............................437
TITLE XIV. QUASI-OFFENSES .................. 450
CHAPTER I: SIMULATION OF BIRTHS AND
USURPATION OF CIVIL STATUS .....................437 ARTICLE 365 - IMPRUDENCE AND
ARTICLE 347 - SIMULATION OF BIRTHS, NEGLIGENCE ........................................... 450
ANOTHER, AND CONCEALMENT OR
.................................................................... z437
STATUS ....................................................... 438
CHAPTER II: ILLEGAL MARRIAGES ................ 438
ARTICLE 349 – BIGAMY ............................. 438
ARTICLE 350 - MARRIAGE CONTRACTED
AGAINST PROVISIONS OF LAWS .............. 440
ARTICLE 351 - PREMATURE MARRIAGE ... 440
ARTICLE 352 - PERFORMANCE OF ILLEGAL
MARRIAGE CEREMONY .............................. 441
TITLE XIII. CRIMES AGAINST HONOR ...... 441
CHAPTER I LIBEL ............................................. 441
ARTICLE 353 - DEFINITION OF LIBEL......... 441
UP LAW BOC CRIMINAL LAW 1 CRIMINAL LAW
CRIMINAL LAW
CRIMINAL LAW 1
1
TABLE OF CONTENTS
I.FUNDAMENTAL A. 1. MALA IN SE AND MALA PROHIBITA
PRINCIPLES Mala in se (“evil in itself”) – A crime or an act

that is inherently immoral, such as murder,
arson or rape. [Black’s Law Dictionary, 9th Ed.]
A. DEFINITION OF CRIMINAL LAW
Mala prohibita (“prohibited evil”) – An act that
That branch of public substantive law which is a crime merely because it is prohibited by
defines crimes, treats of their nature, and statute, although the act itself is not
provides for their punishment. [Reyes, citing 12 necessarily immoral. [Black’s Law Dictionary,
Cyc. 129] 9th Ed.]
Mala in Se Mala Prohibita

As to nature Wrong from its very nature; So Wrong because it is prohibited
serious in their effects on by law;
society as to call for
condemnation of members.
As to use of good faith as defense GF a valid defense, unless the GF is not a defense.
crime is the result of culpa
As to WON criminal intent is an Criminal intent is an element. Criminal intent is immaterial,
element BUT still requires intelligence
& voluntariness
As to degree of accomplishment Degree of accomplishment is The act gives rise to a crime
of crime taken into account for the only when consummated.
punishment.
As to mitigating and aggravating They are taken into account in They are not taken into
circumstances imposing penalty account.
As to degree of participation When there is more than one Degree of participation is
offender, the degree of generally not taken into
participation of each in the account. All who participated
commission is taken into in the act are punished to the
account. same extent.
As to stages of execution There are three stages: No such stages of execution
attempted, frustrated &
consummated
As to persons criminally liable The principal, accomplice & Generally, only the principal is
accessory. liable.
Penalty is computed on the Penalty of offenders is
basis of whether he is a same whether they acted as
principal offender or merely an mere accomplices or
accomplice or accessory accessories
As to what laws are violated Generally, the RPC. Generally, special laws.
As to division of penalties Penalties may be divided into There is no such division of

degrees and periods. penalties.
TABLE OF CONTENTS
Dolo is not required in crimes mala prohibita. A crime in the RPC can absorb a crime
punishable by a special law if it is a necessary
In those crimes which are mala prohibita, the ingredient of the felony defined in the Code but
act alone irrespective of its motives, constitutes a special law can never absorb a crime
the offense. punishable under the RPC, because violations
of the Revised Penal Code are more serious
Good faith and absence of criminal intent are than a violation of a special law. [People v.
not valid defenses in crimes mala prohibita. Rodriguez (1960)]
When the acts are inherently immoral, they are
mala in se, even if punished under special law, The crime of cattle-rustling is not malum
like plunder which requires proof of criminal prohibitum but a modification of the crime of
intent. [Estrada v. Sandiganbayan (2001)] theft of large cattle under the RPC (i.e. there
Where malice is a factor, good faith is a are special laws which only modify crimes
defense. under the RPC therefore still mala in se).
[People v. Martinada]
I. CRIMINAL LAW V. CRIMINAL PROCEDURE

Criminal Law Criminal Procedure
It is substantive. It is remedial.
Prospective in application. Retroactive in application.
Exception: If it is favorable to the accused.
Exception To The Exception:

When the accused is a habitual delinquent. (Art.
22)
Where the new law expressly made inapplicable
to pending actions or existing causes of actions.
[Tavera v. Valdez]
Statutory; it is passed by the Legislature. May be promulgated by the Legislature (e.g.
jurisdiction of courts) or the Judiciary (e.g. Rules of
Court)
State authority to punish crime SOURCES OF CRIMINAL LAW

Art. II, Sec. 5 (1987 Constitution). Declaration (1) The Revised Penal Code (Act No. 3815) -
of Principles and State Policies. The enacted January 1, 1932; based on the
maintenance of peace and order, the Spanish Penal Code, US Penal Code, and
protection of life, liberty and property, and Phil. Supreme Court decisions.
promotion of the general welfare are essential (2) Special penal laws
for the enjoyment by all the people of the (3) Penal Presidential Decrees issued during
blessings of democracy. Martial Law.
RELATION OF RPC TO SPECIAL LAWS: Art. III, Sec. 14 (2), 1987 Const. In all criminal
SUPPLETORY APPLICATION OF RPC prosecutions, the accused shall be presumed
General rule: RPC provisions supplement the innocent until the contrary is proved…
provisions of special laws. [Art. 10, RPC]
Equipoise Rule – When the evidence of the
Exceptions: prosecution and the defense are equally
Where the special law provides otherwise. balanced, the scale should be tilted in favor of
[Art.10, RPC] the accused in obedience to the constitutional
When the provisions of the Code are presumption of innocence. [Ursua v. CA (1996);
impossible of application, either by express Corpuz v. People (1991)]
provision or by necessary implication, as in
those instances where the provisions in Spanish text of the RPC prevails overs its
question are peculiar to the Code. [Regalado, English translation
Criminal Law Prospectus] In the construction or interpretation of the
provision of the RPC, the Spanish text is
In the absence of contrary provision in B.P. Blg. controlling, because it was approved by the
22, the general provisions of the RPC which, by Philippine Legislature in its Spanish text.
their nature, are necessarily applicable, may be [People v. Manaba (58 Phil 665. 668)]
applied suppletorily. [Ladonga v. People
(2005)] Retroactive application if favorable to the
accused
CONSTRUCTION OF PENAL LAWS See Characteristics of Criminal Law,
Prospectivity and Art. 22, RPC.
Strict construction against the State and
liberally in favor of the accused
B. SCOPE OF APPLICATION AND
Pro Reo Doctrine – Whenever a penal law is to
CHARACTERISTICS OF PHILIPPINE
be construed or applied and the law admits of
two interpretations - one lenient to the CRIMINAL LAW
offender and one strict to the offender, that
interpretation which is lenient or favorable to THREE CHARACTERISTICS OF CRIMINAL LAW
the offender will be adopted. (1) General
(2) Territorial
Basis: The fundamental rule that all doubts (3) Prospective
shall be construed in favor of the accused and
presumption of innocence of the accused. GENERALITY
General rule: The penal law of the country is
The rule that penal statutes should be strictly binding on all persons who live or sojourn in
construed against the State may be invoked Philippine territory, subject to the principles of
only where the law is ambiguous and there is public international law and to treaty
doubt as to its interpretation. Where the law is stipulations. [Art. 14, NCC]
clear and unambiguous, there is no room for
the application of the rule. [People v.
Gatchalian]
Exception:
4
(e) Offenses arising out of any act or omission

Art. 2, RPC. “Except as provided in the treaties done in performance of official duty. [Reyes,
or laws of preferential application xxx” The RPC]
Art. 14, NCC. “xxx subject to the principles of RULE ON JURISDICTION UNDER THE VFA
public international law and to treaty  If the crime is punishable under Philippine
stipulations.” laws but not under US laws then Philippines
has exclusive jurisdiction.
TREATY STIPULATIONS  If the crime is punishable under US laws but
not under Philippine laws then US has
Examples: exclusive jurisdiction.
Bases Agreement entered into by the  If the crime is punishable under the US and
Philippines and the US on Mar. 14, 1947 and Philippine laws then there is concurrent
expired on Sept. 16, 1991. jurisdiction but the Philippines has the right
Visiting Forces Agreement (VFA) is an to primary jurisdiction.
agreement between the Philippine and US  If the crime is committed by a US personnel
Government regarding the treatment of US against the security and property of the US
Armed Forces visiting the Philippines. It was alone then US has exclusive jurisdiction.
signed on Feb. 10, 1998.
Art. V, VFA, which defines criminal jurisdiction Generally, the Philippines cannot refuse the
over United States military and civilian request of the US for waiver of jurisdiction and
personnel temporarily in the Philippines in has to approve the request for waiver except if
connection with activities approved by the the crime is of national importance:
Philippine Government. (a) Those crimes defined under RA 7659
(Heinous crimes)
The US and Philippines agreed that: (b) Those crimes defined under RA 7610 (Child
(a) US shall have the right to exercise within Abuse cases)
the Philippines all criminal and disciplinary (c) Those crimes defined under RA 9165
jurisdiction conferred on them by the (Dangerous Drugs cases)
military law of the US over US personnel in
RP; LAWS OF PREFERENTIAL APPLICATION
(b) US authorities exercise exclusive
jurisdiction over US personnel with respect Examples:
to offenses, including offenses relating to Members of Congress are not liable for libel or
the security of the US punishable under the slander for any speech in Congress or in any
law of the US, but not under the laws of committee thereof. (Sec. 11, Art. VI, 1987
RP; Constitution)
(c) US military authorities shall have the
primary right to exercise jurisdiction over Any ambassador or public minister of any
US personnel subject to the military law of foreign State, authorized and received as such
the US in relation to: by the President, or any domestic or domestic
(d) Offenses solely against the property or servant of any such ambassador or minister are
security of the US or offenses solely against exempt from arrest and imprisonment and
the property or person of US personnel; whose properties are exempt from distraint,
and seizure and attachment. (R.A. No. 75)
5
privileges and immunities accorded to

R.A. No. 75 penalizes acts which would impair ambassadors and ministers. [Wheaton,
the proper observance by the Republic and International Law, Sec. 249]
inhabitants of the Philippines of the
immunities, rights, and privileges of duly TERRITORIALITY
accredited foreign diplomatic representatives General rule: Penal laws of the country have
in the Philippines. force and effect only within its territory.
Exceptions: It cannot penalize crimes committed outside

 The person is a citizen or inhabitant of the its territory.
Philippines
 The writ or process issued against him is The national territory comprises the Philippine
founded upon a debt contracted before he Archipelago… [Art. I, 1987 Constitution].
entered upon such service or the domestic
servant is not registered with the Dept. of The territory of the country is not limited to the
Foreign Affairs. land where its sovereignty resides but includes
also its maritime and interior waters as well as
Note: RA 75 is not applicable when the foreign its atmosphere. [Art. 2, RPC]
country adversely affected does not provide
similar protection to our diplomatic Exceptions:
representatives. Extraterritorial crimes, which are punishable
even if committed outside the Philippine
Warship Rule – A warship of another country, territory. [Art. 2, RPC]
even though docked in the Philippines, is
considered an extension of the territory of its Par. 1: Crimes committed aboard Philippine
respective country. This also applies to ship or airship:
embassies.
The RPC is applied to Philippine vessels if the
Principles of Public International Law crime is committed while the ship is treading:
 Philippine waters (intraterritorial), or
The following persons are exempt from the  The high seas i.e. waters NOT under
provisions of the RPC: the jurisdiction of any State
 Sovereigns and other heads of state (extraterritorial)
 Ambassadors, ministers, plenipotentiary,
minister resident and charges d’ affaires. Requisites
(Article 31, Vienna Convention on Diplomatic (a) The ship or airship must not be within
Relations) the territorial jurisdiction of another country
(b) The ship or airship must be registered
Note: Consuls and consular officers are NOT in the Philippines under Philippine laws
exempt from local prosecution. [See Article 41,
Vienna Convention on Consular Relations] Two rules as to jurisdiction over crimes
committed aboard merchant vessels while in
Consuls, vice-consuls, and other commercial the territorial waters of another country (i.e. a
representatives of foreign nations do not foreign vessel treading Philippine waters OR
possess the status of, and cannot claim the Philippine vessels treading foreign waters):
6
Philippine atmosphere, Philippine criminal law

FRENCH RULE: It is the flag or nationality of the (See Anti-Hijacking Law) will govern.
vessel which determines jurisdiction UNLESS
the crime violates the peace and order of the Note: The Philippines adopts the Absolute
host country. Theory.
ENGLISH RULE: the location or situs of the
crime determines jurisdiction UNLESS the Par. 2: Forging/Counterfeiting of Coins or
crime merely relates to internal management Currency Notes in the Philippines
of the vessel.
Forgery is committed by giving to a treasury or
The Philippines adheres to the ENGLISH RULE. bank note or any instrument payable to bearer
or to order the appearance of a true genuine
When the crime is committed in a war vessel of document or by erasing, substituting,
a foreign country, the nationality of the vessel counterfeiting or altering, by any means, the
will always determine jurisdiction because war figures, letters, words, or signs contained
vessels are part of the sovereignty of the therein.
country to whose naval force they belong.
Forgery is committed abroad, and it refers only
Note: The country of registry determines the to Philippine coin, currency note, obligations
nationality of the vessel, not its ownership. and securities.
Thus, Filipino-owned vessel registered in China
must fly the Chinese flag. Par. 3: Should introduce into the country the
above-mentioned obligations and securities.
International Theories on Aerial Jurisdiction
The reason for this provision is that the
Free Zone Theory introduction of forged or counterfeited
The atmosphere over the country is free and obligations and securities into the Philippines
not subject to the jurisdiction of the subjacent is as dangerous as the forging or counterfeiting
state, except for the protection of its national of the same, to the economic interest of the
security and public order. country.
Relative Theory Those who introduced the counterfeit items are

The subjacent state exercises jurisdiction over criminally liable even if they were not the ones
the atmosphere only to the extent that it can who counterfeited the obligations and
effectively exercise control thereof. securities. On the other hand, those who
counterfeited the items are criminally liable
Absolute Theory even if they did not introduce the counterfeit
The subjacent state has complete jurisdiction items.
over the atmosphere above it subject only to
the innocent passage by aircraft of a foreign Par. 4: When public officers or employees
country. commit an offense in the exercise of their
functions.
Under this theory, if the crime is committed in Crime committed pertains to the exercise of
an aircraft, no matter how high, as long as it the public official’s functions:
can be established that it is within the
7
The crimes which may be committed are: (b) Conspiracy and proposal to commit
(a) Direct bribery (A.210) treason (A.115)
(b) Qualified Bribery (A. 211-A) (c) Misprision of treason (A.116)
(c) Indirect bribery (A.211) (d) Espionage (A.117)
(d) Corruption (A.212)
(e) Frauds against the public treasury (A.213) Crimes against the law of nations
(f) Possession of prohibited interest (A.216) (a) Inciting to war or giving motives for
(g) Malversation of public funds or property (A. reprisals (A.118)
217) (b) Violation of neutrality (A.119)
(h) Failure to render accounts (A.218) (c) Correspondence with hostile country
(i) Illegal use of public funds or property (A.120)
(A.220) (d) Flight to enemy’s country (A.121)
(j) Failure to make delivery of public funds or (e) Piracy in general and mutiny on the high
property (A.221) seas or in Philippine waters (A.122)
(k) Falsification by a public officer or employee
committed with abuse of his official Note: Crimes against public order (e.g.,
position (A.171) rebellion, coup d’etat, sedition) committed
(l) Those having to do with the discharge of abroad is under the jurisdiction of the host
their duties in a foreign country. country.
The functions contemplated are those, which Terrorism is now classified as a crime against
are, under the law: national security and the law of nations. (See
 to be performed by the public officer; R.A. 9372, Human Security Act of 2007)
 in the foreign service of the Phil.
government; R.A. 9372, Human Security Act of 2007 has
 in a foreign country. extraterritorial application.
A crime committed within the grounds of a Section 58 provides that the Act shall apply to
Philippine embassy on foreign soil shall be individual persons who, although physically
subject to Philippine penal laws, although it outside the territorial limits of the Philippines
may or may not have been committed by a shall:
public officer in relation to his official duties. (a) Conspire or plot to commit any of the
Embassy grounds are considered as extensions crimes in the Act
of the sovereignty of the country occupying (b) Commit any of said crimes on board a
them. Philippine ship or airship
(c) Commit any of said crimes within the
Par. 5: Commit any of the crimes against embassy, consulate, or diplomatic
national security and the law of nations, (Title premises belonging to or occupied by the
One, Book 2, RPC) Philippine government in an official
capacity
(d) iv. Commit said crimes against Philippine
citizens or persons of Philippine descent
Crimes against national security where their citizenship or ethnicity was a
(a) Treason (A.114) factor in the commission of the crimes
8
(e) v. Commit said crimes directly against the The offender already serving sentence is
Philippine government entitled to be released unless the repealing
law is expressly made inapplicable to those
PROSPECTIVITY who are serving sentence at the time of repeal.
General rule: Acts or omissions will only be
subject to a penal law if they are committed Note: Habitual criminals will continue serving
AFTER a penal law has taken effect. [Art. 21, sentence
RPC]
Rule of prospectivity also applies to judicial
Conversely, acts or omissions which have been decisions, administrative rulings and circulars.
committed before the effectivity of a penal law [Art. 8, Civil Code]
could not be penalized by such penal law.
Rationale for the prospectivity rule: the
Exception: Penal laws shall have a retroactive punishability of an act must be reasonably
effect insofar as they favor the person guilty of known for the guidance of society. [Peo v.
a felony. [Art. 22, RPC] Jabinal]
Exception to the Exception: LEGALITY

The new law is expressly made inapplicable to
pending actions or existing cause of actions; or Art. 21. No felony shall be punishable by any
The offender is a habitual criminal. [Art. 22, penalty not prescribed by law prior to its
RPC] commission.
EFFECTS OF REPEAL/AMENDMENT Nullum Crimen Nulla Poena Sine Lege – There is

 If the repeal makes the penalty lighter in the no crime when there is no law punishing the
new law same.
 The new law shall be applied,
 EXCEPT when the offender is a habitual Limitation: Not every law punishing an act or
delinquent or when the new law is made not omission may be valid as a criminal law. If the
applicable to pending action or existing law punishing an act is ambiguous, it is null
causes of action. and void.
If the new law imposes a heavier penalty CONSTITUTIONAL LIMITATIONS ON THE

Law in force at the time of the commission of POWER OF CONGRESS TO ENACT
the offense shall be applied. PENAL LAWS
If the new law totally repeals the existing law so EQUAL PROTECTION
that the act which was penalized under the old
law is no longer punishable, Article III, Section 1, 1987 Const. No person shall
The crime is obliterated. be deprived of life, liberty, or property without
due process of law, nor shall any person be
Pending cases are dismissed, regardless of denied the equal protection of the laws.
whether the accused is a habitual criminal.
Unserved penalties imposed are remitted. DUE PROCESS
9
special law, the generic word “crime” can be

Art. III, Sec. 14 (1), 1987 Const. No person shall used.
be held to answer for a criminal offense
without due process of law. Felonies: How Committed
Felonies are committed not only by means of
CRUEL OR INHUMAN PUNISHMENT deceit (dolo) but also by means of fault (culpa).
Art III, Sec. 19, 1987 Const. Excessive fines shall There is deceit when the act is performed with
not be imposed, nor cruel, degrading or deliberate intent; and there is fault when the
inhuman punishment inflicted. Neither shall wrongful act results from imprudence,
death penalty be imposed, unless, for negligence, lack of foresight, or lack of skill.
compelling reasons involving heinous crimes, [Art. 3, RPC]
the Congress hereafter provides for it. Any
death penalty already imposed shall be CLASSIFICATION OF FELONIES
reduced to reclusion perpetua.
Felonies are classified as follows:
(1) According to the manner of their
II. FELONIES commission
(2) According to the stages of their execution
DIFFERENTIATING FELONIES, (3) According to their gravity
OFFENSE, MISDEMEANOR AND
Other classifications:
CRIME
(1) As to count
(2) As to nature
Felony – refers only to violations of the Revised
Penal Code.
 The purpose of classifying penalties is to bring
about a proportionate penalty and equitable
A crime punishable under a special law is not
punishment.
referred to as a felony. “Crime” or “offense” is
the proper term.  The penalties are graduated according to
their degree of severity.
Importance: There are certain provisions in the o The stages (Art. 6) may not
RPC where the term “felony” is used, which apply to all kinds of felonies.
means that the provision is not extended to o There are felonies which do not
crimes under special laws. admit of division.
Offense – A crime punished under a special law (1) According to the Manner of Their
is called a statutory offense. Commission
Under Art. 3, they are classified as:

Misdemeanor – A minor infraction of the law,
such as a violation of an ordinance. (1) Intentional felonies – those committed
with deliberate intent; and
(2) Culpable felonies – those resulting from
Crime – Whether the wrongdoing is punished
under the Revised Penal Code or under a negligence, reckless imprudence, lack of
foresight or lack of skill; performed without
malice.
10
(b) Material Felonies: crimes that have various

INTENTIONAL VS. CULPABLE FELONIES stages of execution
(c) Felonies by omission: Crimes which have no
Intentional Culpable attempted stage.
Act is Not malicious. (d) Crimes which have NO FRUSTRATED
malicious. STAGE: the essence of the crime is the act
With Injury caused is itself.
deliberate unintentional, being just an (e) Rape – the slightest penetration already
intent. incident of another act consummates the crime
performed without malice. (f) Arson – the slightest burning already
Has intention Wrongful act results from renders the crime complete.
to cause an imprudence, negligence, (g) Theft – “free disposition of the items stolen”
injury. lack of foresight, or lack of is not in any way determinative of whether
skill. the crime of theft has been produced.
[Valuenzuela vs. People (2007)]
(2) According to the Stages of Their Execution
According to Their Gravity
Under Art. 9, felonies are classified as:
Under Art. 6, they are classified as:
(1) Grave felonies – those to which the law
(1) Attempted
attaches the capital punishment or
(2) Frustrated
penalties which in any of their periods
(3) Consummated
are afflictive;
Note: The classification of stages of a felony in  Reclusion perpetua
Article 6 is true only to crimes under the Revised  Reclusion temporal
Penal Code. It does NOT apply to crimes  Perpetual or Absolute DQ
punished under special laws.  Perpetual or Temporary Special DQ
 Prision mayor
However, even certain crimes which are  Fine more than P6,000
punished under the Revised Penal Code do not
admit of these stages. (2) Less grave felonies – those which the
law punishes with penalties which in
Related to this, classification of felonies as to: their maximum period is correctional;
(a) Formal Crimes: Crimes which are  Prision correccional
consummated in one instance;a single act  Arresto mayor
of the accused consummates the offense  Suspension
as a matter of law (i.e. physical injuries,  Destierro
acts of lasciviousness, coercion, slander)
 Fines equal to or more than P200
(i) Example: ILLEGAL EXACTION under
Art. 213
Light felonies – those infractions of law for the
(ii) Mere demanding of an amount
commission of which
different from what the law authorizes
the penalty is arresto menor, or a fine not
him to collect will already consummate
exceeding P200, or both.
a crime, whether the taxpayer pays the
amount being demanded or not.
11
General Rule: Light felonies are punishable This classification of felony according to gravity
only when they have been consummated is important with respect to the question of
Reason: They produce light, insignificant moral, prescription of crimes.
and material injuries that public conscience is
satisfied with providing a light penalty for their If the penalty is a fine and exactly P200.00, it
consummation. is only considered a light felony under Art. 9. If
Exception: If committed against persons or the fine is imposed as an alternative penalty or
property, punishable even if attempted or as a single penalty, the fine of P200.00 is
frustrated. considered a correctional penalty under Art. 26,
hence a less grave penalty.
Light felonies under RPC:
(1) Slight physical injuries If the penalty is exactly P200.00, apply Art. 26
(2) Theft when the value of the thing stolen is (with respect to prescription of penalties). It is
less than 5 pesos and theft is committed considered as a correctional penalty and it
under the circumstances enumerated prescribes in 10 years. If the offender is
under Art. 308 par. 3 apprehended at any time within ten years, he
(3) Alteration of boundary marks can be made to suffer the fine.
(4) Malicious mischief when the value of the
damage does not exceed two hundred As to Count
pesos or cannot be estimated Plurality of crimes may be in the form of:
(5) Intriguing against honor. (a) Compound Crime,
(b) Complex crime; and
For light felonies, the only ones who can be (c) Composite crime.
held liable are the principals and accomplices.
As to Nature
Why is it necessary to determine whether the (a) Mala in se
crime is grave, less grave or light? (b) Mala prohibita
To determine
 whether these felonies can be complexed or B. ELEMENTS OF CRIMINAL
not; LIABILITY
 the prescription of the crime and
 the prescription of the penalty. Elements of Felonies [Art. 3, RPC]
There must be an act or omission (actus
In other words, these are felonies classified reus/physical act)
according to their gravity, stages and the
penalty attached to them. Act: Any kind of body movement which tends
to produce some effect in the external world;
Take note that when the Revised Penal Code includes possession.
speaks of grave and less grave felonies, the Omission: The failure to perform a positive duty
definition makes a reference specifically to Art. which one is bound to do under the law.
25 of the Revised Penal Code.
That the act or omission must be punishable by
Do not omit the phrase “In accordance with Art. the RPC.
25” because there is also a classification of
penalties under Art. 26 that was not applied.
12
General Criminal Specific Criminal

It is important that there is a law requiring the
Intent Intent
performance of an act; if there is no positive
duty, there is no liability. The intention to do The intention to
something wrong. commit a definite
That the act is performed or the omission act.
incurred by means of dolo or culpa. Presumed from the Existence is not
mere doing of a presumed.
The act or omission must be voluntary wrong act.
The burden is upon Since the specific
the wrongdoer to intent is an element
DOLO
prove that he acted of the crime, the
without such burden is upon the
Dolo is deliberate intent otherwise referred to
criminal intent. prosecution to
as criminal intent, and must be coupled with
establish its
freedom of action and intelligence on the part
existence.
of the offender as to the act done by him.
(3) Criminal Intent
(a) The purpose to use a particular means
Intentional Felonies – The act or omission is
to effect a result.
performed or incurred with deliberate intent
(b) The intent to commit an act with
(with malice) to cause an injury to another.
malice, being purely a mental state, is
presumed (but only if the act committed
Requisites:
is unlawful). Such presumption arises
(1) Freedom
from the proof of commission of an
(a) Voluntariness on the part of the person
unlawful act.
who commits the act or omission.
(c) However, in some crimes, intent cannot
(b) If there is lack of freedom, the offender
be presumed as an integral element
is exempt from liability (i.e., presence
thereof; so it has to be proven.
of irresistible force or uncontrollable
(d) Example: In frustrated homicide,
fear)
specific intent to kill is not presumed
but must be proven; otherwise it is
(2) Intelligence
merely physical injuries.
(a) Capacity to know and understand the
(e) Intent which is a mental process
consequences of one’s act.
presupposes the exercise of freedom
(b) This power is necessary to determine
and the use of intelligence.
the morality of human acts, the lack of
(f) If an act is proven to be unlawful, then
which leads to non-existence of a crime.
intent will be presumed prima facie.
(c) If there is lack of intelligence, the
[U.S. v. Apostol]
offender is exempt from liability. (i.e.,
(g) An honest mistake of fact destroys the
offender is an imbecile, insane or under
presumption of criminal intent which
15 years of age)
arises from the commission of a
felonious act. [People v. Oanis]
(h) Mens rea: "A guilty mind, a guilty or
wrongful purpose or criminal intent."
[Black's Law Dictionary, 5th ed., p.
889]
13
The purpose to use a particular means to effect

Note: If any of the elements is absent, there is a definite result. (Reyes)
no dolo. If there is no dolo, there could be no
intentional felony. [Visbal vs. Buban (2003)] Discernment – is the mental capacity to tell
right from wrong. It is integral to the element
Exception to the requirement of criminal intent: of intelligence, NOT intent.
(1) Felonies committed by CULPA
(2) Offenses MALA PROHIBITA Motive – it is the moving power which impels
one to do an act for a definite result (ex.
CATEGORIES OF CRIMINAL INTENT vengeance). Generally, it is not an essential
(GENERAL VS. SPECIFIC INTENT) element of a crime; hence, it need not be
proved for purposes of conviction (except in
certain cases enumerated below).
 The general criminal intent is presumed from
the criminal act; the absence of any general How motive is proved
intent is relied upon as a defense; such Generally, the motive is established by the
absence must be proved by the accused. testimony of witnesses on the acts or
statements of the accused before or
 Generally, a specific intent is not
immediately after the commission of the
presumed. Its existence, as a matter of fact,
offense, deeds, or words that may express it or
must be proved by the State just as any other
from which his motive or reason for committing
essential element.
it may be inferred. [Barrioquinto v. Fernandez
 This may be shown, however, by the nature
(1949)]
of the act, the circumstances under which it
was committed, the means employed and
When Motive Becomes Material in Determining
the motive of the accused
Criminal Liability
 In some particular felonies, proof of specific
(1) When the act brings about variant
intent is required.
crimes (e.g. kidnapping v. robbery
 In certain crimes against property, there [People v. Puno (1993)])
must be intent to gain (Art. 293 – robbery, (2) When there is doubt as to the identity
Art 308 – theft). of the assailant.
 Intent to kill is essential in attempted and (3) When there is the need to ascertain the
frustrated homicide (Art 6 in relation to Art truth between two antagonistic
249), as well as in murder. versions of the crime.
 In forcible abduction (Art. 342), specific (4) When the identification of the accused
intent of lewd designs must be proved. proceeds from an unreliable source
and the testimony is inconclusive and
DISTINCTION BETWEEN INTENT, not free from doubt.
DISCERNMENT AND MOTIVE (5) When there are no eyewitnesses to the
crime, and when suspicion is likely to
Intent – is the determination to do a certain fall upon a number of persons.
thing, an aim or purpose of the mind. It (6) When the evidence on the commission
establishes the nature and extent of culpability of the crime is purely circumstantial.
in intentional felonies.  Lack of motive can aid in achieving
acquittal of the accused, especially
14
where there is doubt as to the Rationale: el que es causa de la causa es causa

identity of the accused. [People v. del mal causado (he who is the cause of the
Hassan (1988)] cause is the cause of the evil caused).
 Proof of motive is not
indispensable for a conviction, Requisites:
particularly where the accused is (1) An intentional felony has been
positively identified by an committed.
eyewitness and his participation is (a) The felony committed should be
adequately established. [People v. one committed by means of dolo
Delos Santos] (with malice) because Art. 4, Par. 1
(7) When the act is alleged to be speaks of wrongful act done
committed in defense of a stranger different from that which he
because it must not be induced by intended.
revenge, resentment, or other evil (b) The act should not be punished by
motive. a special law because the offender
violating a special law may not
Note: Discernment does not indicate the have the intent to do an injury to
presence of intent, merely intelligence [People v. another.
Cordova (1993)]. Thus, discernment is (c) No felony is committed when:
necessary whether the crime is dolo or culpa. (i) the act or omission is not
punishable by the RPC,
WRONGFUL ACT DIFFERENT FROM (ii) the act is covered by any of
THAT INTENDED the justifying circumstances
enumerated in Art. 11.
Art. 4. RPC. Criminal liability shall be incurred: (2) The wrong done to the aggrieved party
By any person committing a felony (delito) be the direct, natural and logical
although the wrongful act done be different consequence of the felony committed by
from that which he intended. xxx xxx xxx the offender.
The relation of cause and effect must
be shown:
When a person commits a felony with malice,
a. Unlawful act is the efficient
he intends the consequences of his felonious
cause
act.
b. Accelerating cause
(3) Proximate cause
One who commits an intentional felony is
responsible for all the consequences which
may naturally and logically result therefrom, Proximate Cause - That cause, which, in a
whether foreseen or intended or not. natural and continuous sequence, unbroken by
any efficient intervening cause, produces the
One is not relieved from criminal liability for injury without which the result would not have
the natural consequences of one’s illegal acts, occurred.
merely because one does not intend to
produce such consequences. [US v. Brobst The proximate legal cause is that acting first
(1909)] and producing the injury, either immediately or
by setting other events in motion, all
constituting a natural and continuous chain of
15
events, each having a close causal connection for another (Art. 49 – penalty for lesser
with its immediate predecessor, the final event crime in its maximum period)
in the chain immediately effecting the injury as (a) At least two subjects
a natural and probable result of the cause (b) A has intent to kill B, but kills C
which first acted, under such circumstances (c) Under Art. 3, if A hits C, he should have
that the person responsible for the first event no criminal liability. But because of Art.
should, as an ordinary prudent and intelligent 4, his act is a felony.
person, have reasonable ground to expect at (2) Aberratio ictus - mistake in the blow; when
the moment of his act or default that an injury offender intending to do an injury to one
to some person might probably result person actually inflicts it on another (Art.
therefrom. [Vda. De Bataclan v. Medina (1957)] 48 on complex crimes – penalty for graver
offense in its maximum period)
Note: Criminal liability exists from the (3) There is only one subject.
concurrence of the mens rea and the actus reus. (4) The intended subject is a different subject,
but the felony is still the same.
Criminal liability for some felonies arises only
upon a specific resulting harm: (5) Praeter intentionem - injurious result is
 Homicide and its qualified forms greater than that intended (Art. 13 –
requires DEATH of the victim to be mitigating circumstance)
consummated. (6) If A’s act constitutes sufficient means to
 Estafa: requires that the victim incur carry out the graver felony, he cannot claim
damage for criminal liability for the praeter intentionem.
consummated felony to arise.
When death is presumed to be the natural
General rule: The offender is CRIMINALLY consequence of physical injuries inflicted:
LIABLE for ALL the natural and logical  That the victim at the time the physical
consequences of his felonious act, although injuries were inflicted was in normal health.
not intended, if the felonious act is the  That death may be expected from the
proximate cause of the resulting harm. physical injuries inflicted; and
 That death ensued within a reasonable
Any person who creates in another person’s time. [People v. Datu Baginda]
mind an immediate sense of danger which
causes the latter to do something resulting in PROXIMATE CAUSE V. IMMEDIATE
the latter’s injuries, is liable for the resulting CAUSE V. REMOTE CAUSE
injuries. [People v. Page citing People v.
Toling] Proximate cause – see definition above.
Thus, the person is still criminally liable Immediate cause – The last event in a chain of
although the wrongful act done be different events, though not necessarily the proximate
from that which he intended in the following cause of what follows.
cases:
Remote cause – A cause that does not
(1) Error in personae - mistake in the identity of necessarily or immediately produce an event or
the victim; injuring one person mistaken injury.
16
The felony committed is not the proximate There must be a law requiring the doing or
cause of the resulting injury when: performing of an act.
(1) There is an efficient intervening cause or an
active force that intervened between the Punishable omissions in the RPC:
felony committed and the resulting injury, (1) Art. 116: Misprision of treason.
and the active force is a distinct act or fact (2) Art. 125: Failure to deliver prisoners.
absolutely foreign from the felonious act of (3) Art. 137: Disloyalty of public officers or
the accused; or employees.
(2) The resulting injury is due to the (4) Art. 208: Negligence and tolerance in
intentional act of the victim. prosecution of offenses.
(5) Art. 223: Conniving with or consenting to
The following are not efficient intervening evasion.
cause: (6) Art. 275: Abandonment of person in
(1) The weak or diseased physical danger and abandonment of one’s own
condition of the victim, as when one is victim.
suffering from tuberculosis or heart (7) Art. 276: Abandoning a minor
disease. [People v. Illustre]
(2) The nervousness or temperament of Mistake of Fact (Ignorantia Facti Excusat) – It is
the victim, as when a person dies in a reasonable misapprehension of fact on the
consequence of an internal part of the person causing injury to another.
hemorrhage brought on by moving Such person is NOT criminally liable as he
about against the doctor’s orders, acted without criminal intent.
because of his nervous condition due to  Under this principle, what is involved is
the wound inflicted by the accused. the lack of intent on the part of the
[People v. Almonte] accused. Therefore, the defense of
(3) Causes which are inherent in the victim, mistake of fact is an untenable defense
such as (a) the victim not knowing how in culpable felonies, where there is no
to swim and (b) the victim being intent to consider.
addicted to tuba drinking. [People v.  An honest mistake of fact destroys the
Buhay and People v. Valdez] presumption of criminal intent which
(4) Neglect of the victim or third person, arises upon the commission of a
such as the refusal by the injured party felonious act.
of medical attendance or surgical
operation, or the failure of the doctor Requisites:
to give anti-tetanus injection to the (1) That the act done would have been
injured person. [U.S. v. Marasigan] lawful had the facts been as the
(5) Erroneous or unskillful medical or accused believed them to be;
surgical treatment, as when the (2) That the intention of the accused in
assault took place in an outlying barrio performing the act should be lawful;
where proper modern surgical service (3) That the mistake must be without fault
was not available. [People v. Moldes] or carelessness on the part of the
accused. When the accused is
Omission – It is inaction; the failure to perform negligent, mistake of fact is not a
a positive duty which a person is bound to do. defense.[ People v. Oanis (1993)]
17
 However, mistake of fact is NOT Justice of the Peace of Pampanga the

availing in People v. Oanis (74 Phil. 257), proposition that "reckless imprudence is not a
because the police officers were at crime in itself but simply a way of committing
fault when they shot the escaped it.
convict who was sleeping, without first
ascertaining his identity. (It is only when It is not a mere question of classification or
the fugitive is determined to fight the terminology. In intentional crimes, the act itself
officers of law trying to catch him that is punished; in negligence or imprudence, what
killing the former would be justified) is principally penalized is the mental attitude
or condition behind the act, the dangerous
US v. Ah Chong (1910): recklessness, lack of care or foresight, the
A cook who stabs his roommate in the dark, imprudencia punible.
honestly mistaking the latter to be a robber
responsible for a series of break-ins in the area, The law penalizes thus the negligent or
and after crying out sufficient warnings and careless act, not the result thereof. The gravity
believing himself to be under attack, cannot be of the consequence is only taken into account
held criminally liable for homicide. to determine the penalty, it does not qualify
the substance of the offense. And, as the
CULPA careless act is single, whether the injurious
result should affect one person or several
Culpa – The act or omission is not malicious; persons, the offense (criminal negligence)
the injury caused being simply the incident of remains one and the same, and can not be
another act performed without malice. split into different crimes and prosecutions.
 The element of criminal intent is
replaced by negligence, imprudence,
lack of foresight or lack of skill. Negligence - Indicates deficiency of perception,
failure to pay proper attention, and to use
Requisites: diligence in foreseeing the injury or damage
(1) Freedom impending to be caused. Usually involves lack
(2) Intelligence of foresight.
(3) Negligence, reckless imprudence, lack
of foresight or lack of skill Imprudence - Indicates deficiency of action,
failure to take the necessary precaution to
Ivler v. Modesto-San Pedro (2010): avoid injury to person or damage to property.
Usually involves lack of skill.
Reckless Imprudence is a single crime, its
consequences on persons and property are Reason for punishing acts of negligence or
material only to determine the penalty. imprudence: A man must use his common
sense and exercise due reflection in all his acts;
Quasi-offenses, whether reckless or simple, it is his duty to be cautious, careful and
are distinct species of crime, separately prudent.
defined and penalized under the framework of
our penal laws. As early as the middle of the DOCTRINES CONCERNING CULPABLE
last century, the Court already sought to bring CRIMES
clarity to this field by rejecting in Quizon v.
18
(1) Emergency Rule events leading to the injury [Carillo v.

 A person who is confronted with a People].
sudden emergency may be left no time
for thought so he must make a speedy A. IMPOSSIBLE CRIME
decision based largely upon impulse or
instinct. Purpose of punishing impossible crimes – to
 Importance: cannot be held to the suppress criminal propensity or criminal
same conduct as one who has had an tendencies. Objectively, the offender has not
opportunity to reflect, even though it committed a felony, but subjectively, he is a
later appears that he made the wrong criminal.
decision.
Requisites:
(2) Doctrine Of “Last Clear Chance” (1) That the act performed would be an
 The contributory negligence of the offense against persons or property.
party injured will NOT defeat the (2) That the act was done with evil intent.
action if it be shown that the accused (3) That its accomplishment is inherently
might, by the exercise of reasonable impossible, or that the means employed is
care and prudence, have avoided the either inadequate or ineffectual.
consequences of the negligence of the (4) That the act performed should not
injured party. constitute a violation of another provision
 Last Clear Chance is a defense by the of the RPC
defendant in a damage suit against
liability by transferring it to the plaintiff. Inadequate – Insufficient (e.g. small quantity of
 Except: The doctrine is not applicable poison)
in criminal cases because the liability is Ineffectual – means employed did not produce
penal in nature and thus liability the result expected (e.g. pressed the trigger of
cannot be transferred to the other the gun not knowing that it is empty)
party. [Anuran v. Buno (1966)]
 It is not a case between two parties Inherent impossibility: The act intended by the
involved in an incident but rather offender is by its nature one of impossible
between an individual and the State. accomplishment.
 There must be either:
(3) Rule Of Negative Ingredient (a) Legal impossibility – The intended acts,
 This is related to the doctrine of even if completed, would not amount
proximate cause and applicable when to a crime. Legal impossibility would
certain causes leading to the result are apply to those circumstances where:
not identifiable. (i) the motive, desire and expectation
 This rule states that: is to perform an act in violation of
 The prosecution must first identify what the law;
the accused failed to do. (ii) there is intention to perform the
 Once this is done, the burden of physical act;
evidence shifts to the accused. (iii) there is a performance of the
 The accused must show that the failure intended physical act; and
did not set in motion the chain of
19
(iv) the consequence resulting from It so happened that the intended victim did not
the intended act does not amount come home that evening and so was not in her
to a crime. [Intod v. CA] bedroom at that time.
(b) Physical or factual impossibility – Eventually the culprits were prosecuted and
Extraneous circumstances unknown to convicted by the trial court for attempted
the actor or beyond his control prevent murder.
the consummation of the intended CA affirmed the judgment but the SC modified
crime. the same and held the petitioner liable only for
(i) In the Philippines, impossibility of the so-called impossible crime.
accomplishing the criminal intent As a result, petitioner-accused was sentenced
is not merely a defense but an act to imprisonment of only six months of arresto
penalized in itself. mayor for the felonious act he committed with
(ii) Since the offender in an impossible intent to kill: this despite the destruction done
crime has already performed the to the intended victim’s house.
acts for the execution of the same,
there could be no attempted B. STAGES OF EXECUTION
impossible crime. There is no
frustrated impossible crime either, Classification under Art. 6:
because the acts performed by the Consummated Felony – When all the elements
offender are considered as
necessary for its execution and
constituting a consummated accomplishment are present; the felony is
offense.
produced.
Frustrated Felony – When the offender
MODIFIED CONCEPT OF IMPOSSIBLE performs all the acts of execution which would
CRIME produce the felony as a consequence but which,
nevertheless, do not produce it by reason of
Intod v. CA (1992): causes independent of the will of the
In this case, four culprits, all armed with perpetrator.
firearms and with intent to kill, went to the Attempted Felony – When the offender
intended victim’s house and after having commences the commission of a felony directly
pinpointed the latter’s bedroom, all four fired by overt acts, and does not perform all the acts
at and riddled the said room with bullets, of execution which should produce the felony
thinking that the intended victim was already by reason of some cause or accident other than
there as it was about 10:00 in the evening. his own spontaneous desistance
DEVELOPMENT OF A CRIME
ELEMENTS OF
CRIMINAL IMPOSSIBLE CRIME ATTEMPTED FRUSTRATED CONSUMMATED
LIABILITY
Lacking due to: Intervention
inherent impossibility other than own
Actus Reus employment of desistance;  
inadequate means some but not
all acts of
20
execution
Mens Rea    
Concurrence    
Result    
Causation    
DEVELOPMENT OF A CRIME (2) Such external acts have a direct

connection with the crime intended to
(1) Internal acts be committed.
 Intent, ideas and plans; generally not
punishable, even if, had they been Indeterminate Offense – It is one where the
carried out, they would constitute a purpose of the offender in performing an act is
crime not certain. Its nature in relation to its objective
 The intention and act must concur. is ambiguous. The intention of the accused
 Illustration: Ernie plans to kill Bert must be viewed from the nature of the acts
executed by him, and not from his admission.
(2) External acts The accused may be convicted of a felony
(a) Preparatory Acts defined by the acts performed by him up to the
time of desistance.
 Acts tending toward the crime.
 Ordinarily not punished except
People v. Lamahang (1935):
when considered by law as
Aurelio Lamahang was caught opening with an
independent crimes (i.e. Art. 304 – iron bar a wall of a store of cheap goods in
possession of picklocks) Fuentes St. Iloilo. He broke one board and was
 Proposal and conspiracy to commit unfastening another when a patrolling police
a felony are not punishable except caught him. The owners of the store were
when the law provides for their sleeping inside store as it was early dawn.
punishment in certain felonies Lamahang was then convicted of
attempted robbery
 These acts do not yet constitute Held: The crime committed was only
even the first stage of the acts of attempted trespass to dwelling. Attempt
execution. should have logical relation to a particular and
 Intent not yet disclosed. concrete offense which would lead directly to
consummation. It is necessary to establish an
 Illustration: Ernie goes to the
unavoidable connection & logical &
kitchen to get a knife. natural relation of cause and effect. It’s also
(b) Acts of Execution important to show clear intent to commit
 Usually overt acts with a logical crime. In the case at bar, we can only infer that
relation to a particular concrete his intent was to enter by force, other
offense. inferences are not justified by facts. Groizard:
infer only from nature of acts executed. Acts
 Punishable under the RPC. susceptible of double interpretation can’t
 Illustration: Ernie stabs Bert furnish ground for themselves. The mind
should not directly infer intent.
A commission of the felony is deemed
commenced when the following are present: Attempted and Frustrated Felonies – The
(1) There are external acts. difference between the attempted stage and
the frustrated stage lies in whether the
21
offender has performed all the acts of

execution for the accomplishment of a felony. Overt Act – Some physical activity or deed,
indicating the intention to commit a particular
Attempted Frustrated crime, more than a mere planning or
Felony Felony preparation, which if carried to its complete
Overt acts of All acts of termination following its natural course,
execution are execution are without being frustrated by external obstacles
started finished nor by the voluntary desistance of the
Acts
BUT BUT perpetrator, will logically and necessarily ripen
Performed
Not all acts of Crime sought to into a concrete offense.
execution are be committed is
present not achieved  Marks the commencement of the
Due to subjective phase:
Due to
reasons other  Subjective phase - That portion of the
intervening
than the acts constituting a crime, starting from
causes
Why spontaneous the point where the offender begins the
independent of
desistance of commission of the crime to that point
the will of the
the where he still has control over his acts
perpetrator
perpetrator including their (act’s) natural course
Offender is  If between those two points, the
Offender still already in the offender is stopped by reason of any
in subjective objective phase cause outside of his own voluntary
phase because all acts desistance, the subjective phase has
because he of execution are not been passed and it is merely an
Position in
still has already present attempt.
the
control of his and the cause  Desistance – is an absolutory cause
Timeline
acts, of its non- which negates criminal liability
including accomplishmen because the law encourages a person
their natural t is other than to desist from committing a crime.
cause. the offender’s  But, it does not negate all criminal
will liability, if the desistance was made
when acts done by him already resulted
B. 1. ATTEMPTED STAGE in a felony, the offender will still be
criminally liable for the felony brought
Elements: about by his act.
(1) The offender commences the  What is negated is only the attempted
commission of the felony directly by stage, but there may be other felonies
overt acts; arising from his act.
(2) He does not perform all the acts of
execution which should produce the Note: Desistance is true only in the attempted
felony; stage of the felony.
(3) The non-performance of all acts of
execution was due to cause or accident
other than his own spontaneous
desistance.
22
 If the felony is already in its frustrated conviction for consummated rape.

stage, desistance will NOT negate  Where entry into the labia has not been
criminal liability. established, the crime amounts to an
 In the attempted stage, the definition attempted rape.
uses the word “directly.”  The prosecution did not prove that
 The word “directly” emphasizes the Campuhan’s penis was able to
requirement that the attempted felony penetrate victim’s vagina because the
is that which is directly linked to the kneeling position of the accused
overt act performed by the offender, obstructed the mother’s view of the
not the felony he has in his mind. alleged sexual contact. The testimony
 There are some acts which are of the victim herself claimed that penis
ingredients of a certain crime, but grazed but did not penetrate her
which are, by themselves, already organ.
criminal offenses like in the case of  There was only a shelling of the castle
People v. Lamahang (1935) where the but no bombardment of the
act of removing the panel indicates drawbridge yet.
only at most the intention to enter, he
can only be prosecuted for trespass B. 2. FRUSTRATED STAGE
and not robbery.
Elements:
People v. Campuhan (2000): (1) The offender performs all the acts of
The mother of the 4-year-old victim caught the execution;
houseboy Campuhan in the act of almost (2) All the acts performed would produce
raping her daughter. the felony as a consequence;
(3) But the felony is not produced;
The hymen of the victim was still intact. (4) By reason of causes independent of the
However, since it was decided in People v. will of the perpetrator.
Orita that entry into labia is considered rape
even without rupture and full penetration of  The end of the subjective phase and
the hymen, a question arises whether what the beginning of the objective phase.
transpired was attempted or consummated  Objective phase – the result of the acts
rape. of execution, that is, the
accomplishment of the crime.
Held:
 If the subjective and objective phases
 There was only attempted rape. have been passed there is a
 Mere touching of external genitalia by consummated felony.
the penis is already rape.
 Touching should be understood as People v. Listerio (2000):
inherently part of entry of penis Brothers Jeonito and Marlon were walking
penetration and not mere touching, in when they met a group composed of men who
the ordinary sense, of the pudendum. blocked their path and attacked them with
 Requires entry into the labia, even if lead pipes and bladed weapons. One stabbed
there be no rupture of the hymen or Jeonito from behind. Jeonito’s brother, Marlon,
laceration of the vagina, to warrant a was hit on the head.
23
execution when he has effected a

Held: penetration.
(1) The SC held that the crime is a  Once there is penetration, no matter
frustrated felony not an attempted how slight it is, the offense is
offense considering that after being consummated. For this reason, rape
stabbed and clubbed twice in the head admits only of the attempted and
as a result of which he lost consummated stages, no frustrated
consciousness and fell. Marlon's stage. [People v. Orita]
attackers apparently thought he was
already dead and fled. (2) Arson
(2) A crime cannot be held to be  One cannot say that the offender, in
attempted unless the offender, after the crime of arson, has already
beginning the commission of the crime performed all the acts of execution
by overt acts, is prevented, against his which could produce the destruction of
will, by some outside cause from the premises through the use of fire,
performing all of the acts which should unless a part of the premises has
produce the crime. begun to burn.
(3) In other words, to be an attempted  The crime of arson is therefore
crime, the purpose of the offender consummated even if only a portion of
must be thwarted by a foreign force or the wall or any part of the house is
agency which intervenes and compels burned. The consummation of the
him to stop prior to the moment when crime of arson does not depend upon
he has performed all of the acts which the extent of the damage caused.
should produce the crime as a (People v. Hernandez)
consequence, which acts it is his
intention to perform. (3) Bribery and Corruption of Public Officers
(4) If he has performed all the acts which  The manner of committing the crime
should result in the consummation of requires the meeting of the minds
the crime and voluntarily desists from between the giver and the receiver.
proceeding further, it cannot be an  If there is a meeting of the minds, there
attempt. is consummated bribery or
consummated corruption.
CRIMES WHICH DO NOT ADMIT OF  If there is none, it is only attempted.
FRUSTRATED STAGE
(1) Rape (4) Adultery
 The essence of the crime is carnal  This requires the sexual contact
knowledge. between two participants.
 No matter what the offender may do to  If that link is present, the crime is
accomplish a penetration, if there was consummated.
no penetration yet, it cannot be said
that the offender has performed all the (5) Physical Injuries
acts of execution.  Under the Revised Penal Code, the
 We can only say that the offender in crime of physical injuries is penalized
rape has performed all the acts of on the basis of the gravity of the
24
injuries. There is no simple crime of (b) Crimes consummated by mere attempt

physical injuries. There is the need to or proposal by overt act.
categorize because there are specific (i) Ex. Flight to enemy’s country (Art.
articles that apply whether the physical 121) and corruption of minors (Art.
injuries are serious, less serious or 340)
slight. Thus, one could not punish the (c) Felony by omission
attempted or frustrated stage because (i) There can be no attempted stage
one does not know what degree of when the felony is by omission,
physical injury was committed unless it because the offender does not
is consummated. execute acts, rather he omits to
perform an act which the law
(6) Theft requires him to do.
 Once there is unlawful taking, theft is (d) Crimes requiring the intervention of
consummated. two persons to commit them are
 Either the thing was taken or not. consummated by mere agreement.
 It does not matter how long the (i) In bribery, the manner of
property was in the possession of the committing the crime requires the
accused; it does not matter whether meeting of the minds between the
the property was disposed or not giver and the receiver.
(ii) When the giver delivers the money
Rule of thumb: Felonies that do not require to the supposed receiver, but there
any result do not have a frustrated stage. is no meeting of the minds, the
only act done by the giver is an
attempt.
B. 3. CONSUMMATED STAGE
(e) Material Crimes – have three stages of
If the subjective and objective phases are
execution
present.
Thus, in determining the stage of some crimes,
Factors in Determining the Stage of Execution
the manner of execution becomes pivotal in
of a Felony
determining the end of the subjective phase,
(1) The manner of committing the crime;
i.e. once the offender performs the act in the
(2) The elements of the crime; and
manner provided for in the law, HE IS
(3) The nature of the crime itself.
ALREADY DEEMED TO HAVE PERFORMED
EVERY ACT FOR ITS EXECUTION.
These three factors are helpful in trying to
pinpoint whether the crime is still in its
(2) The Elements of the Crime
attempted, frustrated or consummated stage.
(a) Along with the manner of execution,
there are crimes wherein the existence
(1) The Manner of Committing the Crime
of certain elements becomes the factor
(a) Formal Crimes - consummated in one
in determining its consummation.
instant, no attempt.
(b) In the crime of estafa, the element of
(i) Ex. Slander and false testimony
damage is essential before the crime
(ii) There can be no attempt, because
could be consummated. If there is no
between the thought and the deed,
damage, even if the offender
there is no chain of acts that can be
succeeded in carting away the personal
severed.
25
property involved, estafa cannot be General rule: Conspiracy and proposal to

considered as consummated. commit a felony are not punishable.
(c) On the other hand, if it were a crime of
theft, damage or intent to cause Exception: They are punishable only in the
damage is not an element of theft. cases in which the law specially provides a
What is necessary only is intent to gain, penalty therefore.
not even gain is important.
(d) In the crime of abduction, the crucial Conspiracy to commit -
element is the taking away of the (a) Treason (Art. 115)
woman with lewd designs. (b) Rebellion (Art. 136)
(c) Insurrection (Art. 136)
(3) The Nature of the Crime Itself (d) Coup d’état, (Art. 136)
 In defining of the frustrated stage of (e) Sedition (Art. 141)
crimes involving the taking of human (f) Monopolies and combinations in
life (parricide, homicide, and murder), restraint of trade (Art. 186)
it is indispensable that the victim be (g) Espionage (Sec. 3, C.A. 616)
mortally wounded. (h) Selected acts under the Dangerous
 Hence, the general rule is that there Drugs Act (Sec. 26, R.A. 9165)
must be a fatal injury inflicted, because (i) Arson (P.D. 1613, Sec. 7)
it is only then that death will follow. (j) Terrorism (R.A. 9372, Sec. 4)
B. CONSPIRACY AND PROPOSAL

Proposal to commit –
(a) Treason (Art. 115)
Conspiracy – exists when two or more persons
(b) Coup d’ etat (Art. 136)
come to an agreement concerning the
(c) Rebellion (Art. 136)
commission of a felony and decide to commit it.
(d) Inducement not to answer summons,
(Article 8, RPC). Agreement may be oral or
appear or be sworn in Congress, etc.
written, express or implied.
(Art. 150)
Requisites of conspiracy:
Rationale: Conspiracy and proposal to commit
(1) Two or more persons come to an
a crime are only preparatory acts and the law
agreement.
regards them as innocent or at least
(2) Agreement presupposes meeting of
permissible except in rare and exceptional
the minds of two or more persons
cases.
(3) The agreement pertains to a
commission of a felony.
Conspiracy as a felony, distinguished from
(4) Agreement to effect what has been
conspiracy as a manner of incurring criminal
conceived and determined.
liability:
The execution of the felony was decided upon.
 As a felony, conspirators do not need
to actually commit treason, rebellion,
Note: There must be participation in the
insurrection, etc., it being sufficient
criminal resolution because simple knowledge
that two or more persons agree and
thereof by a person may only make him liable
decide to commit it.
as an accomplice.
26
 As a manner of incurring criminal (3) It is not the execution of a felony that is

liability, if they commit treason, proposed.
rebellion, etc., they will be held liable
for it, and the conspiracy which they Note: It is not necessary that the person to
had before committing the crime is whom the proposal is made agrees to commit
only a manner of incurring criminal treason or rebellion.
liability, not a separate offense.
 Conspiracy must be established by positive
In conspiracy, the act of one is the act of all. and conclusive evidence, not by
conjectures or speculations. [People v.
General rule: When the conspiracy is Laurio (1991)]
established, all who participated therein,  Conspiracy is predominantly a state of
irrespective of the quantity or quality of his mind as it involves the meeting of the
participation is liable equally, whether minds and intent of the
conspiracy is pre-planned or instantaneous. malefactors. Consequently, direct proof is
not essential to establish it. [People v.
Exception: Unless one or some of the Bello (2004)]
conspirators committed some other crime  To establish conspiracy, evidence of actual
which is not part of the intended crime. cooperation rather than mere cognizance
or approval of an illegal act is required.
Exception to the Exception: When the act  Conspiracy is never presumed; it must be
constitutes a “single indivisible offense.” shown to exist as clearly and convincingly
as the commission of the crime itself.
Proposal to commit a felony - when the person
 Mere presence of a person at the scene of
who has decided to commit a felony proposes
the crime does not make him a conspirator
its execution to some other person or persons.
for conspiracy transcends companionship.
[Art. 8, RPC]
[People v. Comadre (2004)]
 While it is mandatory to prove conspiracy
Examples:
by competent evidence, direct proof is not
(1) Proposal to commit treason (Art. 115)
essential to show it – it may be deduced
and
from the mode, method, and manner by
(2) Proposal to commit coup d’état,
which the offense was perpetrated, or
rebellion or insurrection (Art. 136).
inferred from the acts of the accused
themselves when such acts point to a joint
Requisites:
purpose and design, concerted action and
(1) That a person has decided to commit a
community of interest. [People v.
felony; and
Cenahonon (2007)]
(2) That he proposes its execution to some
other person or persons.  Direct proof is not required, as conspiracy
may be proved by circumstantial evidence.
There is no criminal proposal when: It may be established through the collective
(1) The person who proposes is not acts of the accused before, during and after
determined to commit the felony; the commission of a felony that all the
(2) There is no decided, concrete and accused aimed at the same object, one
formal proposal; performing one part and the other
27
performing another for the attainment of  In some exceptional situations, having

the same objective; and that their acts, community of design with the principal
though apparently independent, were in does not prevent a malefactor from being
fact concerted and cooperative, indicating regarded as an accomplice if his role in the
closeness of personal association, perpetration of the homicide or murder
concerted action and concurrence of was, relatively speaking, of a minor
sentiments. [People v. Talaogan (2008)] character. (People v. Nierra)
 Doctrine of Implied Conspiracy –
Conspiracy need not be direct but may be In determining whether there is an implied
inferred from the conduct of the parties, conspiracy, it must be based on:
their joint purpose, community of interest (1) Overt acts done before, during, or after
and in the mode and manner of the commission of the crime;
commission of the offense. [People v. (2) Words, remarks or language used
Pangilinan (2003)] before, during or after the commission
of the crime
Legal effects of implied conspiracy are: (a) They must be distinct from each
 Not all those present at the crime scene other, independent or separate.
will be considered conspirators; (b) They must be closely associated,
 Only those who participated in the criminal closely related, closed linked, and
acts during the commission of the crime coordinated.
will be considered co-conspirators; (c) They must be for the common
 Mere acquiescence to or approval of the criminal design, joint criminal
commission of the crime, without any act interest, unity of criminal purpose,
of criminal participation, shall not render or concerted action, geared
one criminally liable as co-conspirator. towards the attainment of the
 In the absence of any previous plan or felony.
agreement to commit a crime, the criminal
responsibility arising from different acts Distinctions between the liability of a
directed against one and the same person conspirator and that of a member of a band
is individual and not collective, and that where the crime committed is robbery which is
each of the participants is liable only for his attended by other crimes.
own acts. (People v. Bagano) (1) A conspirator is liable only for such
 A conspiracy is possible even when other crimes which could be foreseen
participants are not known to each other. and which are the natural and logical
When several persons who do not know consequences of the conspiracy. Thus,
each other simultaneously attack the if the conspiracy is only to rob the
victim, the act of one is the act of all, victim, rape is not a foreseeable
regardless of the degree of injury inflicted consequence. (People v. Castillo)
by any one of them. Everyone will be liable (2) A member of a band in a robbery
for the consequences. cuadrilla, on the other hand, is liable
for all assaults, inclusive of rape and
 One who desisted is not criminally liable. As
homicide, where he was present when
pointed out earlier, desistance is true only
these crimes were being committed
in the attempted stage. Before this stage,
but he did not attempt to prevent the
there is only a preparatory stage.
same. (Art. 296 (2), RPC).
Conspiracy is only in the preparatory stage.
28
prevent it, he will be liable under the

If both conspiracy to rob and cuadrilla are cuadrilla rule; and
present, both rules may apply, in this manner: (c) If the lookout was not present when
(a) If a homicide was committed, the the homicide was committed, he will
lookout is liable therefore under the not be liable for the rape but he will
conspiracy theory; still be liable for the homicide under
(b) If a rape was committed and the the conspiracy theory.
lookout was present but did not try to
Two Concepts of
Stage How incurred Legal requirements Illustration
Conspiracy
AS A FELONY IN Preparatory Mere The RPC must A, B, C and D came to
ITSELF acts agreement specifically punish the an agreement to
act of conspiring (and commit rebellion.
proposing) Their agreement was
The act must not be to bring about the
accomplished, else the rebellion on a certain
conspiracy is obliterated date.
and the act itself is Even if none of them
punished. has performed the act
of rebellion, there is
Quantum of proof: already criminal
Conspiracy as a crime liability arising from
must be established the conspiracy to
beyond reasonable commit the rebellion.
doubt But if anyone of them
has committed the
overt act of rebellion,
the crime of all is no
longer conspiracy but
rebellion itself.
This subsists even
though the other co-
conspirators do not
know that one of
them had already
done the act of
rebellion.
AS A Executory acts Commis-sion Participants acted in Three persons plan to
BASIS FOR of overt act concert or rob a bank. For as
LIABILITY simultaneously or in any long as the
way which is indicative of conspirators merely
a meeting of the minds entered the bank
towards a common there is no crime yet.
criminal goal or criminal But when one of them
29
objective. draws a gun and

The act of meeting disarms the security
together is not necessary guard, all of them
as long as a common shall be held liable,
objective can be unless a co-
discerned from the overt conspirator was
acts. absent from the scene
The act must be of the crime or he
accomplished, if there is showed up, but he
only conspiracy or tried to prevent the
proposal, there is no commission of the
crime to be punished. crime.
Quantum of proof:
Reasonably inferred
from the acts of the
offenders when such acts
disclose or show a
common pursuit of the
criminal objective.
(People v. Pinto)
C. MULTIPLE OFFENDERS (DIFFERENCES, RULES, EFFECTS)

Recidivism/Reincinden Quasi- Habitual
Habituality/Reiteracion/
cia; Recidivism; Delinquency;
Repetition; Art. 14 (10)
Art. 14 (9) Art. 160 Art. 62 (5)
Sufficient at the tme Necessary that the Before Specified:
of the trial that the offender shall have serving or less serious or serious
offender has been served out his sentence while physical injuries
previously convicted for the first offense serving robbery
Crimes by final judgment for sentence, theft
committed another crime the estafa
embraced in the same offender falsification
title of the Code on the commits a
date of his trial felony (NOT
a crime)
Before
Period of
serving or Within 10 years from
time the
No period of time while his last release or
crimes are
serving conviction
committed
sentence
The second conviction The previous and Offender Guilty the third time
Number of
for an offense subsequent offenses commits a or oftener
crimes
embraced in the same must NOT be embraced felony
committed
title of RPC in the same title of the
30
RPC
If not offset by any Not always an Imposes the An additional penalty
mitigating aggravating maximum shall be imposed
circumstance, increase circumstance of the
the penalty only to the penalty for
maximum the new
offense,
Their effects
and cannot
be offset by
any
mitigating
circum-
stance
C. 1. RECIDIVISM Meaning of “at the time of his trial for one

crime:”
Basis: the greater perversity of the offender, as (a) It is employed in its general sense.
shown by his inclination to commit crimes
 A recidivist is one who, at the time of (b) It is meant to include everything that is
his trial for one crime, shall have been done in the course of the trial, from
previously convicted by final judgment arraignment until after sentence is
of another crime embraced in the same announced by the judge in open court.
title of the Revised Penal Code. (c) In recidivism, it is sufficient that the
[People v. Lagarto (1991)] succeeding offense be committed after the
commission of the preceding offense
Requisites: provided that at the time of his trial for the
(1) Offender is on trial for an offense second offense, the accused had already
(2) He was previously convicted by final been convicted of the first offense.
judgment of another crime (d) If both offenses were committed on the
(a) Both the first and second offenses same date, they shall be considered as
are embraced in the same title of only one, hence, they cannot be separately
the RPC counted in order to constitute recidivism.
(b) Offender is convicted of the new Also, judgments of conviction handed
offense down on the same day shall be considered
as only one conviction.
Note: What is controlling is the time of trial, (e) To prove recidivism, it is necessary to
not the time of commission of the crime. [Reyes, allege the same in the information and to
The RPC] attach thereto certified copy of the
sentences rendered against the accused.
(f) Recidivism must be taken into account no
matter how many years have intervened
between the first and second felonies.
(g) Even if the accused was granted a pardon
for the first offense, but he commits
31
another felony embraced in the same title in the same title of the the Code.
of the Code, the first conviction is still Code.
counted to make him a recidivist, since As to frequency.
pardon does not obliterate the fact of his Not always an Always to be taken
prior conviction. aggravating into consideration in
circumstance. fixing the penalty to
(h) Example of a recidivist is when the accused
be imposed upon the
was convicted previously of homicide and accused.
was now convicted of the crime of rape.
Both are under Title Eight of Book Two of C. 3. QUASI-RECIDIVISM
the RPC, Crimes against Persons. [RA
8353 also known as Anti-Rape Law of 1997
Art. 160, RPC. Commission of another crime
reclassified rape as a crime against
during service of penalty imposed for another
persons].
offense; Penalty. — Besides the provisions of
Rule 5 of Article 62, any person who shall
C. 2. HABITUALITY (REITERACION) commit a felony after having been convicted by
final judgment, before beginning to serve such
Basis: same as recidivism sentence, or while serving the same, shall be
punished by the maximum period of the
Requisites: penalty prescribed by law for the new felony.
(1) Accused is on trial for an offense
(2) He previously served sentence
C. 4. HABITUAL DELINQUENCY
(a) for another offense to which the law
attaches an equal or greater penalty,
Requisites:
OR
(1) Offender had been convicted of any of the
(b) for two or more crimes to which it
crimes of serious or less serious physical
attaches lighter penalty than that for
injuries, robbery, theft, estafa, or
the new offense
falsification
(3) He is convicted of the new offense
(2) After that conviction or after serving his
sentence, he again committed, and, within
If the second offense or crime is punishable
10 years from his release or first conviction,
under a special law, it cannot be considered
he was again convicted of any of the said
under reiteracion because Articles 13, 14, and 15
crimes for the second time
of the RPC are not applicable to special law
(3) After his conviction of, or after serving
crimes.
sentence for, the second offense, he again
committed, and, within 10 years from his
REITERACION RECIDIVISM last release or last conviction, he was again
As to the first offense convicted of any of said offenses, the third
It is necessary that the It is enough that a
time or oftener. [Art. 62, RPC]
offender shall have final judgment has
served out his been rendered in the
sentence for the first first offense. Purpose of the law in imposing additional
offense. penalty: To render more effective social
As to the kind of offenses involved defense and the reformation of habitual
The previous and Requires that the delinquents (Reyes, quoting People v. Abuyen)
subsequent offenses offenses be included
must not be embraced in the same title of
32
D. CONTINUING CRIMES crime because each crime because all of

act is generated by a the acts performed
Continuing crime (continuous or continued) - A criminal impulse arise from one
single crime, consisting of a series of acts but criminal resolution.
all arising from one criminal resolution.
 Cuello Calon explains the delito People v. De Leon (1926): a thief who took from
continuado in this way: When the actor, a yard of a house two game roosters belonging
there being unity of purpose and of to two different persons was ruled to have
right violated, commits diverse acts, committed only one crime of theft, because
each one of which, although of a there is a unity of thought in the criminal
delictual character, merely constitutes purpose of the offender. The accused was
a partial execution of a single animated by a single criminal impulse.
particular delict, such delictual acts is
called delito continuado. A continued crime is not a complex crime.
o Example: One who on several The offender here does not perform a single
occasions steals wheat act, but a series of acts, and one offense is not
deposited in a granary. Each a necessary means for continuing the other.
abstraction constitutes theft, Hence, the penalty is not to be imposed in its
but instead of imposing on the maximum period.
culprit different penalties for
each theft committed, he is  A continued crime is different from a
punished for only one “hurto transitory crime (moving crime) in
continuado” for the total sum criminal procedure for purposes of
or value abstracted. determining venue.
 When a transitory crime is committed,
Continuing offense - A continuous, unlawful the criminal action may be instituted
act or series of acts set on foot by a single and tried in the court of the
impulse and operated by an unintermittent municipality, city or province wherein
force, however long a time it may occupy. any of the essential ingredients thereof
 Although there is a series of acts, there took place.
is only one crime committed. Hence,  While Article 48 speaks of a complex
only one penalty shall be imposed. crime where a single act constitutes
two or more grave or less grave
Requisites: offenses, those cases involving a series
(1) Multiplicity of acts. of acts resulting in two or more grave
(2) Unity of criminal purpose of intent. and less grave felonies, were
(3) Unity of criminal offense violated. considered by the Supreme Court as a
complex crime when it is shown that
Real or material the act is the product of one single
Continued Crime
plurality criminal impulse.
There is a series of acts performed by the  TIP: If confronted with a problem, the
offender. Supreme Court has extended this class
Each act performed The different acts of complex crime to those cases when
constitutes a separate constitute only one the offender performed not a single act
33
but a series of acts as long as it is the of the crime does not fit the
product of a single criminal impulse definition of Art 48, because there
is no other provision in the RPC.
People v. Garcia (1980):
 The accused were convicts who were Applying the concept of the “continued crime”,
members of a certain gang and they the following cases have been treated as
conspired to kill the other gang. constituting one crime only:
 Some of the accused killed their (1) People v. Tumlos, (1939): The theft of 13
victims in one place within the same cows belonging to two different persons
penitentiary, some killed the others in committed by the accused at the same
another place within the same place and period of time;
penitentiary. (2) People v. Jaranilla, (1974): The theft of six
 The Supreme Court ruled that all roosters belonging to two different owners
accused should be punished under one from the same coop and at the same
information because they acted in period of time;
conspiracy. (3) People v. Sabbun, (1964): The illegal
charging of fees for service rendered by a
 The act of one is the act of all.
lawyer every time he collected veteran’s
 Because there were several victims
benefits on behalf of a client who agreed
killed and some were mortally
that attorney’s fees shall be paid out of
wounded, the accused should be held
such benefits. The collections of legal fees
for the complex crime of multiple
were impelled by the same motive, that of
homicide with multiple frustrated
collecting fees for services rendered, and
homicide.
all acts of collection were made under the
 There is a complex crime not only when
same criminal impulse.
there is a single act but a series of acts.
 It is correct that when the offender The Supreme Court declined to apply the
acted in conspiracy, this crime is concept in the following cases:
considered as one and prosecuted (1) People v. Dichupa, (1961): Two estafa cases,
under one information. one which was committed during the
 Although in this case, the offenders did period from January 19 to December, 1955
not only kill one person but killed and the other from January 1956 to July
different persons, the Supreme Court 1956. Said acts were committed on two
considered this as complex. different occasions;
(2) People v. CIV: Several malversations
 Whenever the Supreme Court committed in May, June and July 1936 and
concludes that the criminals should be falsifications to conceal said offenses
punished only once, because they committed in August and October, 1936.
acted in conspiracy or under the same The malversations and falsifications were
criminal impulse: not the result of one resolution to
 it is necessary to embody these embezzle and falsify;
crimes under one single
information. In the THEFT cases:
 It is necessary to consider them as The trend is to follow the single larceny
complex crimes even if the essence doctrine:
34
(a) taking of several things, PLURALITY OF

RECIDIVISM
(b) whether belonging to the same or CRIMES
different owners, There is no There must be
(c) at the same time and place, constitutes conviction for any of conviction by final
one larceny only. the crimes judgment of the first or
committed. prior offense.
 Abandoned is the doctrine that the
government has the discretion to  A Complex crime is not just a matter of
prosecute the accused for one offense or penalty, but of substance under the
for as many distinct offenses as there are Revised Penal Code.
victims.
Kinds of Plurality of Crimes
Note: The concept of delito continuado has (1) Real or Material Plurality
been applied to crimes under special laws (a) There are different crimes in law as
since in Art. 10, the RPC shall be well as in the conscience of the
supplementary to special laws, unless the offender.
latter provides the contrary. (b) In such cases, the offender shall be
punished for each and every offense
E. COMPLEX CRIMES AND SPECIAL that he committed.
COMPLEX CRIMES (2) Formal or Ideal Plurality
(a) There is but one criminal liability in this
kind of plurality.
Plurality of Crimes (Concursu de delitos)
(b) Divided into 3 groups:
(1) Consists of the successive execution
(i) Complex Crimes - When the
(2) by the same individual
offender commits either of the
(3) of different criminal acts
complex crimes defined in Art.
(4) for any of which no conviction has yet been
48 of the Code.
declared.
(ii) Special Complex Crimes - When
the law specifically fixes a single
Philosophy behind plural crimes
penalty for 2 or more offenses
 Through the concept of plural crimes, committed.
several crimes are treated as one. The (iii) Continuing and Continued Crimes
purpose of this is to allow leniency towards - A single crime consisting of a
the offender, who, instead of being made series of acts but all arising from
to suffer distinct penalties for every
one criminal resolution.
resulting crime, is made to suffer one
penalty only, although it is the penalty for
E. 1. COMPLEX CRIMES
the most serious one and is imposed in its
maximum period.
Art. 48. Penalty for complex crimes.
Note: If by complexing the crime, the penalty When a single act constitutes two or more
would turn out to be higher, do not complex grave or less grave felonies, or when an offense
anymore. is a necessary means for committing the other,
the penalty for the most serious crime shall be
imposed, the same to be applied in its
35
maximum period separate offenses or may be absorbed by

the grave felony.
Art. 48 requires the commission of at least 2
crimes. But the two or more GRAVE or LESS Illustration:
GRAVE felonies must be: When the crime is committed by force or
(1) the result of a single act, or violence, slight physical injuries are absorbed.
(2) an offense must be a necessary means for Reason: the slight physical injuries are the
committing the other. necessary consequence of the force or violence
inherent in the crime.
Nature of complex crimes
 Although two or more crimes are actually So that when an offender performed more than
committed, they constitute only one crime one act, although similar, if they result in
in the eyes of the law, and in the separate crimes,
conscience of the offender.  there is no complex crime at all,
 Even in the case where an offense is a  instead, the offender shall be prosecuted
necessary means for committing the other, for as many crimes as are committed under
the evil intent of the offender is only one. separate information.
Hence, there is only one penalty imposed
for the commission of a complex crime.  Article 48 DOES NOT apply to acts
penalized under Article 365 of the Revised
TWO KINDS OF COMPLEX CRIMES Penal Code. Article 48 is a procedural
(1) Compound Crime (Delito Compuesto) device allowing single prosecution of
A single act results in two or more grave or less multiple felonies falling under either of two
grave felonies. categories: (1) when a single act constitutes
two or more grave or less grave felonies
Requisites: (thus excluding from its operation light
(1) That only a single act is performed by the felonies46); and (2) when an offense is a
offender necessary means for committing the other.
(2) That the single acts produces: The legislature crafted this procedural tool
(a) 2 or more grave felonies, or to benefit the accused who, in lieu of
(b) 1 or more grave and 1 or more less serving multiple penalties, will only serve
grave felonies, or the maximum of the penalty for the most
(c) 2 or more less grave felonies serious crime.
Single Act Several Acts In contrast, Article 365 is a substantive rule

Submachine gun – because penalizing not an act defined as a felony
Throwing a but "the mental attitude behind the act,
of the number of bullets
hand grenade the dangerous recklessness, lack of care or
released
A single bullet foresight, a single mental attitude
Firing of the revolver twice regardless of the resulting consequences.
killing two
in succession Thus, Article 365 was crafted as one quasi-
person
crime resulting in one or more
 Light felonies produced by the same act consequences. (Ivler v. Modesto-San Pedro
should be treated and punished as [2010])
36
Example of a compound crime: (4) When the offender already had in his
The victim was killed while discharging his possession the funds which he
duty as barangay captain to protect life and misappropriated, the subsequent
property and enforce law and order in his falsification of a public or official document
barrio. involving said offense is a separate offense.
(5) No complex crime where one of the
The crime is a complex crime of homicide with offenses is penalized by a special law.
assault upon a person in authority. (6) There is no complex crime of rebellion with
murder, arson, robbery, or other common
When in obedience to an order several accused crimes (People v. Hernandez; Enrile v.
simultaneously shot many persons, without Salazar).
evidence how many each killed, there is only a (7) In case of continuous crimes.
single offense, there being a single criminal (8) When the other crime is an indispensable
impulse. element of the other offense.
(2) Complex Crime Proper (Delito Complejo) General rules in complexing crimes:
 An offense is a necessary means for (1) When two crimes produced by a single act
committing the other. are respectively within the exclusive
 In complex crime, when the offender jurisdiction of two courts of different
executes various acts, he must have a jurisdiction, the court of higher jurisdiction
single purpose. shall try the complex crime.
 But: When there are several acts (2) The penalty for complex crime is the
performed, the assumption is that each act penalty for the most serious crime, the same
is impelled by a distinct criminal impulse, to be applied in its maximum period.
hence each will have a separate penalty. (3) When two felonies constituting a complex
crime are punishable by imprisonment and
Requisites: fine, respectively, only the penalty of
(1) That at least two offenses are committed imprisonment should be imposed.
(2) That one or some of the offenses must be (4) Art. 48 applies only to cases where the
necessary to commit the other Code does not provide a definite specific
(3) That both or all the offenses must be penalty for a complex crime.
punished under the same statute. (5) One information should be filed when a
complex crime is committed.
(4) Note: The phrase “necessary means” does (6) When a complex crime is charged and one
not mean “indispensable means” offense is not proven, the accused can be
convicted of the other.
No complex crime proper:
(1) Subsequent acts of intercourse, after Rules in Article 48 are NOT applicable:
forcible abduction with rape, are separate (1) When the crimes subject of the case have
acts of rape. common elements;
(2) Not complex crime when trespass to (2) When the crimes involved are subject to
dwelling is a direct means to commit a the rule of absorption of one crime by the
grave offense. other;
(3) No complex crime, when one offense is (3) Where the two offenses resulting from a
committed to conceal the other. single act are specifically punished as a
37
single crime, such as less serious physical

injuries with serious slander of deed, since
this is punished under Article 265 par. 2, as
the single crime of less serious physical
injuries with ignominy;
(4) In special complex crimes or composite
crimes;
E. 2. SPECIAL COMPLEX/COMPOSITE
CRIMES
The substance is made up of more than one
crime but which in the eyes of the law is only:
(a) a single indivisible offense.
(b) all those acts done in pursuance of the
crime agreed upon are acts which
constitute a single crime.
Special Complex Crimes

(1) Robbery with Homicide (Art. 294 (1))
(2) Robbery with Rape (Art. 294 (2))
(3) Robbery with Arson
(4) Kidnapping with serious physical injuries
(Art. 267 (3))
(5) Kidnapping with rape
(6) Rape with Homicide (Art. 335)
(7) Arson with homicide
When crimes involved cannot be legally

complexed:
(1) Malicious obtention or abusive service of
search warrant (Art. 129) with perjury;
(2) Bribery (Art. 210) with infidelity in the
custody of prisoners;
(3) Maltreatment of prisoners (Art. 235) with
serious physical injuries;
(4) Usurpation of real rights (Art. 312) with
serious physical injuries; and
(5) Abandonment of persons in danger (Art.
275) and crimes against minors (Art. 276 to
278) with any other felony.
38
II. Circumstances Affecting Criminal Liability

JUSTIFYING EXEMPTING MITIGATING AGGRAVATING ALTERNATIVE
THERE IS A THERE IS A THERE IS A THERE IS A
NO WRONG
WRONG FELONY FELONY FELONY
No criminal No criminal Decreased Increased criminal Increased or
liability liability criminal liability liability decreased liability
With civil liability
No civil liability
Except:
Except: With civil liability With civil liability With civil liability
accident;
state of necessity
insuperable cause
Imputability – is the quality by which an act Justifying Circumstances – those where the act
may be ascribed to a person as its author or of a person is said to be in accordance with law,
owner. It implies that the act committed has so that such person is deemed not to have
been freely and consciously done and may, transgressed the law and is free from both
therefore, be put down to the doer as his very criminal and civil liability. There is no civil
own liability except in par. 4, Art. 11, where the civil
liability is borne by the persons benefited by
Responsibility – is the obligation of suffering the act.
the consequences of crime. It is the obligation
of taking the penal and civil consequences of Basis: Lack of dolo
the crime.
 The burden of proof rests on the accused,
Imputability distinguished from responsibility – who must prove the circumstance by clear
while imputability implies that a deed may be and convincing evidence.
imputed to a person, responsibility implies that  There is NO crime committed, the act
the person must take the consequences of being justified. Thus, such persons cannot
such a deed. be considered criminals.
Guilt – is an element of responsibility, for a Par. 1. Self Defense

man cannot be made to answer for the  Includes not only the defense of the person
consequences of a crime unless he is guilty. or body of the one assaulted but also that
[Reyes, The RPC] of his rights, the enjoyment of which is
protected by law. It includes:
A. JUSTIFYING CIRCUMSTANCES (a) The defense of honor. Hence, a slap on
the face is considered as unlawful
SIX Justifying Circumstances: aggression since the face represents a
(1) Self defense person and his dignity. [Rugas vs.
(2) Defense of relatives People]
(3) Defense of strangers (b) The defense of property rights can be
(4) Avoidance of a greater evil invoked if there is an attack upon the
(5) Fulfillment of duty property although it is not coupled
(6) Obedience to an order issued for some with an attack upon the person of the
lawful purpose. owner of the premises. All the
39
elements for justification must  Unlawful aggression must also be a

however be present. [People v. Narvaez] continuing circumstance or must have
been existing at the time the defense is
Subjects of Self-Defense: made. Once the unlawful aggression is
(a) Defense of Person found to have ceased, the one making the
(b) Defense of Rights defense of a stranger would likewise cease
(c) Defense of Property to have any justification for killing, or even
(d) Defense of Honor just wounding, the former aggressor.
[People vs. Dijan (2002)]
Self-defense is lawful because:  Not merely oral threats or threatening
(a) Impulse of self-preservation; stance or posture; Mere belief of an
(b) State cannot provide protection for each of impending attack is not sufficient. BUT in
its constituents. relation to “mistake of fact,” the belief of
the accused may be considered in
Elements: determining the existence of unlawful
(1) Unlawful aggression aggression
(2) Reasonable necessity of means employed  When intent to attack is manifest, picking
to prevent or repel it. up a weapon is sufficient unlawful
(3) Lack of sufficient provocation on the part of aggression
the person defending himself.
Lawful aggression: In fulfilment of a duty or in
Note: the exercise of a right.
 If there is unlawful aggression but one of
the other requisites is lacking, it is Note: No unlawful aggression when there was
considered an incomplete self-defense, an agreement to fight and the challenge to
which is a mitigating circumstance. fight was accepted. BUT aggression which is
 The first two elements also apply to ahead of an agreed time or place is unlawful
defense of relative and defense of stranger. aggression.
Unlawful aggression Stand ground when in the right – the law does
 Equivalent to an actual physical assault; not require a person to retreat where he has a
OR threatened assault of an immediate right to be and his assailant is rapidly
and imminent kind which is offensive and advancing upon him with a deadly weapon.
positively strong, showing the wrongful [United States v. Domen (1917)]
intent to cause harm.
 The aggression must constitute a violation Reasonable necessity of means employed to
of the law. When the aggression ceased to prevent or repel it
exist, there is no longer a necessity to Involves two elements: necessity for the course
defend one’s self. EXCEPT: when the of action, and necessity of the means
aggressor retreats to obtain a more employed, which should be reasonable
advantageous position to ensure the
success of the initial attack, unlawful TEST OF REASONABLENESS
aggression is deemed to continue. The means employed depends upon:
 Must come from the person attacked by (1) nature and quality of the weapon used by
the accused. the aggressor
40
(2) aggressor’s physical condition, character, People v. Alconga, et al. (1947): Barion went to
size, and other circumstances the guardhouse where accused Alconga was
(3) and those of the person defending himself doing his duties as “home guard.” While the
(4) the place and occasion of the assault. accused was seated, the deceased swung at
him with his pingahan (piece of bamboo). The
 This element should be interpreted accused was able to avoid the blow however,
liberally in favour of the law-abiding by falling to the ground under the bench, with
citizen. the intention of crawling out of the
 Perfect equality between the weapons guardhouse. The accused was able to go out of
used by the one defending himself and the guardhouse by crawling, and when the
deceased was delivering the third blow, the
that of the aggressor is not required,
accused (still in his crawling position), fired at
neither is the material the deceased with his revolver. The deceased
commensurability between the means got up and drew his dagger this time, while the
of attack and defense. Rational accused used his bolo and hand-to-hand fight
equivalence is enough. commenced.
Reason: Because the person assaulted The deceased obtained several wounds and
does not have sufficient tranquility of ran away, only to be followed by the accused,
and another fight happened. The deceased
mind to think and to calculate.
sustained more injuries including the mortal
bolo blow, and he fell to the ground.
Lack of sufficient provocation on part of
defender Held: In the initial stage of the fight, the
 In case there was a provocation on the part accused was acting in self-defense. However,
of the person attacked, the attack should when he chose to run after the deceased, he
was no longer acting in self-defense for there
not immediately precede the provocation
was no more aggression to defend against and
for defense to be valid. he could have chosen to stay where he was.
 Never confuse unlawful aggression with The unlawful aggression had already ceased
provocation. and therefore, his right to self-defense had
 Mere provocation is not enough. It must be ceased as well.
real and imminent. Unlawful aggression is
an indispensable requisite. (a) Defense of Honor:
Retreat of aggressor – aggression ceases, People v. Dela Cruz (1935): Accused Dela Cruz
except when retreat is made to take a more was found guilty of homicide for stabbing and
advantageous position to insure the success of killing Rivera. Dela Cruz claimed that on her
the attack, unlawful aggression continues. way home one evening, Rivera followed her,
embraced and kissed her and touched her
private parts. She didn’t know that it was
Rivera and that she was unable to resist the
strength of Rivera so she got a knife from her
pocket and stabbed him in defense of her
honor.
Held: She is justified in using the pocketknife in

repelling what she believed to be an attack
upon her honor. It was a dark night and she
could not have identified Rivera. There being
41
no other means of self-defense. property rights when Fleischer angrily ordered

the continuance of the fencing. The third
People v. Jaurigue (1946): Amado (deceased) element of self-defense is also present
has been courting the accused Avelina in vain. because there was no sufficient provocation on
On the day of the crime, Avelina and Amado the part of Narvaez since he was sleeping
were in Church. Amado sat beside Avelina and when the deceased where fencing.
placed his hand on her thigh. Thereafter,
Avelina took out her knife and stabbed Amado However, the second element was lacking.
in the neck, causing the death of Amado. Shooting the victims from the window of his
house is disproportionate to the physical
Held: Although the defense of one’s honor aggression by the victims. Thus, there is
exempts one from criminal liability, it must be incomplete self-defense.
proved that there is actual danger of being
raped. In this case, 1) the church was well-lit, 2) (c) Defense of Reputation:
there were several people in the church, People v. Chua Hiong (1954): Cesario Gocheco,
including the father of the accused and other a nephew of the accused wrote an article
town officials. In light of these circumstances, entitled “Doubtful Citizenship” assailing and
questioning defendant’s citizenship. In
accused could not have possibly been raped.
response to this defendant wrote a column
The means employed in defense of her honor saying that Gocheco only wants “personal
was evidently excessive. revenge” and that this is “the moving passion
in this drama of intrigues and persecution to
(b) Defense of Property: which I and my family have been subjected.”
He further claims that Solipco, who wrote him
a threatening letter and gave him a rope which
People vs. Apolinar: This can only be invoked as implies that he should just hang himself, is
justifying circumstance if also the same Gocheco. Prior to this series of
Life and limb of the person making the defense events it is known upon the Court that Gocheco
is also the subject of unlawful aggression and defendant had faced each other in a civil
Life cannot be equal to property. case in which Gocheco lost 2/3 of important
inheritance to Chua Hiong. The defendant was
then charged with libel.
People v. Narvaez (1983): Narvaez was taking
his rest inside his house when he heard that Held: Defendant is acquitted from charges of
the wall of his house was being chiseled. He libel by the justification of his action through
saw that Fleischer and Rubia, were fencing the defense of reputation. If one’s reputation had
land of the father of the deceased Fleischer. He been attacked by another he is justified to hit
asked the group to stop but they refused. The back with another libel but only if such libel is
adequate to the first attack.
accused got mad so he got his shotgun and
shot Fleischer. Rubia ran towards the jeep and
Par. 2. Defense of Relatives
knowing there is a gun on the jeep, the
accused fired at Rubia as well. Narvaez
Elements:
claimed he acted in defense of his person and
(1) Unlawful aggression
rights.
(a) Unlawful aggression may not exist as a
matter of fact; it can be made to
Held: There was aggression by the deceased
depend upon the honest belief of the
not on the person of the accused but on his
one making the defense.
42
(b) Reason: The law acknowledges the (3) The person defending was not induced by
possibility that a relative, by virtue of revenge, resentment or other evil motive.
blood, will instinctively come to the aid Note: Motive is relevant only in this kind of
of their relatives. defense.
(2) Reasonable necessity of means employed
to prevent or repel it Stranger – any person not included in the
(3) Lack of suffcient provocation on part of enumeration of relatives under [par. 2 of Art.
relative, or, in case of provocation, the one 11]
making the defense had no part therein  If the person being defended is a second
(a) Although the provocation prejudices cousin, it will be defense of stranger.
the person who gave it, its effects do
not reach the defender who took no Basis: What one may do in his defense, another
part therein, because the latter was may do for him. The ordinary man would not
prompted by some noble or generous stand idly by and see his companion killed
sentiment in protecting and saving a without attempting to save his life.
relative Par. 4. Avoidance of a Greater Evil
Basis: It is found not only upon a humanitarian Elements:

sentiment, but also upon the impulse of blood (1) Evil sought to be avoided actually exists
which impels men to rush, on the occasion of (2) The evil or injury sought to be avoided
great perils, to the rescue of those close to must not have been produced by the one
them by ties of blood. invoking the justifying circumstances.
(3) Injury feared be greater than that done to
Relatives entitled to defense: avoid it
(1) Spouse (4) There is no other practical & less harmful
(2) Ascendants means of preventing it.
(3) Descendants
(4) Legitimate, natural or adopted General rule: No civil liability in justifying
Brothers/Sisters circumstances because there is no crime.
(5) Relatives by Affinity in the same degree
(6) Relatives by Consanguinity w/in the 4th Exception: There is CIVIL LIABILITY under this
civil degree paragraph. Persons benefited shall be liable in
proportion to the benefit which they have
There is no distinction in the Revised Penal received.
Code whether the descendant should be
legitimate or illegitimate; when the law does Ty v. People (2004): Ty's mother and sister were
not extinguish, the courts cannot distinguish. confined at the Manila Doctors' Hospital. Ty
signed the "Acknowledgment of Responsibility
Par. 3. Defense of Strangers for Payment" in the Contract of Admission. The
total hospital bills of the two patients
Elements: amounted to P1,075,592.95. Ty executed a
(1) Unlawful aggression; promissory note wherein she assumed
(2) Reasonable necessity of the means payment of the obligation in installments. To
employed to prevent or repel it; assure payment of the obligation, she drew 7
postdated checks against Metrobank payable
43
to the hospital which were all dishonored by If the first condition is present, but the second
the drawee bank due to insufficiency of funds. is not because the offender acted with culpa,
As defense, Ty claimed that she issued the the offender will be entitled to a privileged
checks because of “an uncontrollable fear of a mitigating circumstance. The penalty would be
greater injury.” She averred that she was reduced by one or two degrees.
forced to issue the checks to obtain release for
her mother who was being inhumanely treated People v. Ulep (2000): Accused-appellant and
by the hospital. She alleged that her mother the other police officers involved originally set
has contemplated suicide if she would not be out to restore peace and order at Mundog
discharged from the hospital. Ty was found Subdivision where the victim was then running
guilty by the lower courts of 7 counts of amuck. The victim threatened the safety of the
violation of BP22. police officers despite accused-appellant's
previous warning shot and verbal admonition
Held: The court sustained the findings of the to the victim to lay down his weapon.
lower courts. The evil sought to be avoided is
merely expected or anticipated. So the defense Held: As a police officer, it is to be expected
of “an uncontrollable fear of a greater injury” is that accused-appellant would stand his
not applicable. Ty could have taken advantage ground. Up to that point, his decision to
of an available option to avoid committing a respond with a barrage of gunfire to halt the
crime. By her own admission, she had the victim's further advance was justified under the
choice to give jewelry or other forms of security circumstances. A police officer is not required
instead of postdated checks to secure her to afford the victim the opportunity to fight
obligation. back. Neither is he expected – when hard
pressed and in the heat of such an encounter
Moreover, for the defense of state of necessity at close quarters – to pause for a long moment
to be availing, the greater injury feared should and reflect coolly at his peril, or to wait after
not have been brought about by the each blow to determine the effects thereof. But
negligence or imprudence, more so, the willful he cannot be exonerated from overdoing his
inaction of the actor. In this case, the issuance duty when he fatally shot the victim in the
of the bounced checks was brought about by head, even after the latter slumped to the
Ty's own failure to pay her mother's hospital ground due to multiple gunshot wounds
bills. sustained while charging at the police officers.
Sound discretion and restraint dictated that a
Par. 5. Fulfillment of Duty or Lawful Exercise of veteran policeman should have ceased firing at
Right or Office the victim the moment he saw the latter fall to
the ground. The victim at that point no longer
Elements: posed a threat. Shooting him in the head was
(1) Offender acted in performance of duty or in obviously unnecessary.
the lawful exercise of a right or office;
(2) That the injury caused or the offense The law does not clothe police officers with
committed be the necessary consequence of authority to arbitrarily judge the necessity to
the due performance of duty or the lawful kill- it must be stressed that their judgment
exercise of such right or office. and discretion as police officers in the
performance of their duties must be exercised
neither capriciously nor oppressively, but
44
within reasonable limits. of a duty. The deceased was under the

obligation to surrender and had no right, after
Mamagun v. People (2007): A policeman in evading service of his sentence, to commit
pursuit of a snatcher accidentally shot one of assault and disobedience with a weapon in his
the bystanders who were actually helping him hand, which compelled the policeman to resort
chase the snatcher. to such extreme means, which, although it
proved to be fatal, was justified by the
Held: To be sure, acts in the fulfillment of a circumstance.
duty, without more, do not completely justify
the petitioner’s firing the fatal gunshot at the
victim. True, petitioner, as one of the
policemen responding to a reported robbery Doctrine of “SELF-HELP”
then in progress, was performing his duty as a Article 429 of the Civil Code is applicable
police officer as well as when he was trying to under this paragraph. The article states, “The
effect the arrest of the suspected robber and in owner or lawful possessor of a thing has the
the process, fatally shoot said suspect, albeit right to exclude any person from the
the wrong man. However, in the absence of enjoyment and disposal thereof.” For this
the equally necessary justifying circumstance purpose, he may use such force as may be
that the injury or offense committed be the reasonably necessary to repel or prevent an
necessary consequence if the due performance actual or threatened unlawful physical
of such duty, there can only be incomplete invasion or usurpation of his property.
justification, a privilege mitigating
circumstance under Art. 13 and 69 of the RPC. The actual invasion of property may consist of
There can be no quibbling that there was no a mere disturbance of possession or of a real
rational necessity for the killing of Contreras. dispossession. If it is a mere disturbance of
Petitioner could have first fired a warning shot possession, force may be used against it at any
before pulling the trigger against Contreras time as long as it continues, even beyond the
who was one of the residents chasing the prescriptive period of forcible entry. If the
suspected robber. invasion consists of a real dispossession, force
to regain possession can be used only
immediately after the dispossession.
People v. Delima (1922): Napilon escaped from
the jail where he was serving sentence. Some Par. 6. Obedience to an order issued for some
days afterwards the policeman, Delima, who lawful purpose
was looking for him found him in the house of
Alegria, armed with a pointed piece of bamboo Elements:
in the shape of a lance. Delima demanded the (1) Order must have been issued by a superior
surrender of the weapon but Napilon refused. (2) The order is for some lawful purpose
Delima fired his revolver to impose his (3) The means used to carry it out must be
authority but the bullet did not hit him. The lawful
criminal ran away and Delima went after him (a) A subordinate is not liable for carrying
and fired again his revolver, this time hitting out an illegal order of his superior if he
and killing him. is not aware of the illegality of the
order and he is not negligent.
Held: The killing was done in the performance
45
People v. Oanis (1943): Although an officer in criminal, so there is

making a lawful arrest is justified in using such civil liability (Except:
force as is reasonably necessary to secure and Art. 12, par. 4 there is
detain the offender, overcome his resistance, civil liability).
prevent his escape, recapture him if he
escapes, and protect himself from bodily harm, ANTI-VIOLENCE AGAINST WOMEN AND
yet he is never justified in using unnecessary THEIR CHILDREN ACT OF 2004 (RA
force or in treating him with wanton violence or 9262)
in resorting to dangerous means when the
arrest could be effected otherwise.
Battery – any act of inflicting physical harm
upon the woman or her child resulting in
People v. Beronilla (1955):
physical and psychological or emotional
Held: Where the accused acted upon orders of
distress.
superior officers that they, as military
subordinates, could not question, and obeyed
Battered Woman - Woman “who is repeatedly
in good faith, without being aware of their
subjected to any forceful physical or
illegality, without any fault or negligence on
psychological behavior by a man in order to
their part, the act is not accompanied by
coerce her to do something he wants her to do
criminal intent. A crime is not committed if the
without concern for her rights.”
mind of the person performing the act be
innocent.
Battered Woman Syndrome- refers to a
scientifically defined pattern of psychological
JUSTIFYING VS. EXEMPTING and behavioral symptoms found in women
CIRCUMSTANCE living in battering relationships as a result of
JUSTIFYING EXEMPTING cumulative abuse.
CIRCUMSTANCE CIRCUMSTANCE
It affects the act, not It affects the actor, Battered Woman Syndrome as a Defense. –
the actor. not the act. Victim-survivors who are found by the courts to
The act is considered be suffering from battered woman syndrome
to have been done The act complained of do not incur any criminal and civil liability
within the bounds of is actually wrongful, notwithstanding the absence of any of the
law; hence, legitimate but the actor is not elements for justifying circumstances of self-
and lawful in the eyes liable. defense under the Revised Penal Code.
of the law.
Since the act  In the determination of the state of mind of
complained of is the woman who was suffering from
actually wrong, there battered woman syndrome at the time of
Since the act is
is a crime but since the commission of the crime, the courts
considered lawful,
the actor acted shall be assisted by expert psychiatrists/
there is no liability.
without voluntariness psychologists [SECTION 26, RA 9262]
or negligence, there is
no dolo or culpa. The battered woman syndrome is
There is no criminal or There is a crime, characterized by a “CYCLE OF VIOLENCE”,
civil liability. although there is no
46
which is made up of three phases [People v. Note: For the BWS to be available as a defense,
Genosa]. it must be proven that there has been more
than one cycle. [People v. Genosa (2004)]
(1) First Phase: Tension Building Phase
 Where minor battering occurs, it could be a B. EXEMPTING CIRCUMSTANCES
verbal or slight physical abuse or another
form of hostile behavior. EXEMPTING CIRCUMSTANCES:
 The woman tries to pacify the batterer 1. Imbecility/Insanity
through a show of kind, nurturing behavior, 2. Minority
or by simply staying out of the way. 3. Accident
 But this proves to be unsuccessful as it 4. Compulsion of irresistible force
only gives the batterer the notion that he 5. Impulse of uncontrollable fear
has the right to abuse her. 6. Insuperable or lawful cause
(2) Second Phase: Acute Battering Incident Exempting circumstances – those grounds for
 Characterized by brutality, destructiveness, exemption from punishment because there is
and sometimes death. wanting in the agent of the crime any of the
 The battered woman has no control; only conditions which make the act voluntary or
the batterer can stop the violence. negligent.
 The battered woman realizes that she
cannot reason with him and resistance The reason for the exemption lies on the
would only worsen her condition. complete absence of intelligence, freedom of
action, or intent, or on the absence of
(3) Third Phase: Tranquil Period negligence on the part of the accused.
 Characterized by guilt on the part of the
batterer and forgiveness on the part of the
PAR. 1. INSANITY OR IMBECILITY
woman.
Imbecile - One who, while advanced in age, has
 The batterer may show a tender and
a mental development comparable to that of a
nurturing behavior towards his partner and
child between 2 and 7 years of age. Exempt in
the woman also tries to convince herself
all cases from criminal liability
that the battery will never happen again
and that her partner will change for the
Insane - There is a complete deprivation of
better.
intelligence in committing the act but capable
of having lucid intervals. Mere abnormality of
Four Characteristics of the Syndrome:
mental faculties is not enough especially if the
(1) The woman believes that the violence was
offender has not lost consciousness of his acts.
her fault;
(2) She has an inability to place the
During a lucid interval, the insane acts with
responsibility for the violence elsewhere;
intelligence and thus, is not exempt from
(3) She fears for her life and/or her children’s
criminal liability.
life
(4) She has an irrational belief that the abuser
Insanity is a defense in the nature of confession
is omnipresent and omniscient.
and avoidance and must be proved beyond
reasonable doubt.
47
Both coginition and volition tests are applied.

Evidence of insanity must refer to: There must be complete deprivation of the
a. the time preceding the act under intellect or will or freedom.
prosecution or
b. at the very moment of its execution. Presumption is always in favor of sanity; the
defense must prove that the accused was
Insanity subsequent to commission of crime is insane at the time of the commission of the
not exempting crime.
Feeblemindedness is not imbecility. It is Juridical Effects of Insanity

necessary that there is a complete deprivation 1. If present at the time of the commission
of intelligence in committing the act, that is, of the crime – EXEMPT from liability.
the accused be deprived of reason, that there is 2. If present during trial – proceedings will
no responsibility for his own acts; that he acts be SUSPENDED and accused is
without the least discernment; that there be committed to a hospital.
complete absence of the power to discern, or 3. After judgment or while serving sentence
that there be a complete deprivation of the – Execution of judgment is SUSPENDED,
freedom of the will. [People vs. Formigones, the accused is committed to a hospital.
1950] The period of confinement in the hospital
is counted for the purpose of the
Cases covered under this article: prescription of the penalty.
1. Dementia praecox [People v. Bonoan,
1937] Basis: Complete absence of intelligence
Note: Cited in OLD cases, but is a term no
longer used by mental health practitioners PAR. 2. & 3. MINORITY (SUPERSEDED BY
2. Somnambulism: sleep-walking [People vs. RA 9344)
Taneo, 1933]
3. Malignant malaria: which affects the Juvenile Justice and Welfare Act of 2006 (R.A.
nervous system [People v. Lacena] 9344); also refer to Child and Youth Welfare
Code (P.D. 603, as amended)
People vs. Dungo, 1991: The insanity that is
exempting is limited only to mental aberration What is the Juvenile Justice and Welfare
or disease of the mind and must completely System?
impair the intelligence of the accused. "Juvenile Justice and Welfare System" refers to
a system dealing with children at risk and
Two tests of insanity: children in conflict with the law, which provides
1. The test of COGNITION, or whether the child-appropriate proceedings, including
accused acted with complete deprivation programs and services for prevention, diversion,
of intelligence in committing the said rehabilitation, re-integration and aftercare to
crime; ensure their normal growth and development.
2. The test of VOLITION, or whether the [Title V: Juvenile Justice and Welfare System of
accused acted in total deprivation of RA 9344]
freedom of will. [People vs. Rafanan, 1991]
a. Definition of child in conflict with the law
48
Sec. 4 (e). "Child in conflict with the law" – a 3. The physical appearance of the child,
child who is alleged as, accused of, or and
adjudged as, having committed an offense 4. Other relevant evidence.
under Philippine laws.
In case of doubt as to the child’s age, it shall be
b. Minimum age of criminal responsibility resolved in his/her favor.
RA 9344, Sec. 6. Minimum Age of Criminal d. Exemption from criminal liability

Responsibility. - A child fifteen (15) years of age
or under at the time of the commission of the 1. 15 yrs old or below at the time of
offense shall be exempt from criminal liability. commission of offense: ABSOLUTELY
However, the child shall be subjected to an EXEMPT from criminal liability but subject
intervention program pursuant to Section 20 of to intervention program
this Act. 2. Over 15 yrs old but below 18: EXEMPT from
criminal liability & subject to intervention
A child above fifteen (15) years but below program
eighteen (18) years of age shall likewise be  If acted w/ discernment subject to
exempt from criminal liability and be subjected diversion program
to an intervention program, unless he/she has 3. Below 18 yrs are exempt from:
acted with discernment, in which case, such a. Status offense
child shall be subjected to the appropriate b. Vagrancy and Prostitution
proceedings in accordance with this Act. c. Mendicancy (PD1563)
d. Sniffing of Rugby (PD 1619)
The exemption from criminal liability herein
established does not include exemption from Discernment – mental capacity to understand
civil liability, which shall be enforced in the difference between right and wrong as
accordance with existing laws. determined by the child’s appearance, attitude,
comportment and behavior not only before
c. Determination of Age [Sec. 7, RA 9344] and during the commission of the offense but
also after and during the trial. It is manifested
Presumption: Minority of child in conflict with through:
the law. S/he shall enjoy all the rights of a 1. Manner of committing a crime – Thus,
child in conflict with the law until s/he is when the minor committed the crime
proven to be 18 years old or older. during nighttime to avoid detection or
took the loot to another town to avoid
The age of a child may be determined from: discovery, he manifested discernment.
1. The child’s birth certificate, 2. Conduct of the offender – The accused
2. Baptismal certificate, or shot the victim with his sling shot and
3. Any other pertinent documents. shouted “Putang ina mo”. (People v.
Alcabao, 44 OG 5006)
In the absence of these documents, age may
be based on: Automatic Suspension of Sentence – Once the
1. Information from the child child who is under eighteen (18) years of age at
himself/herself, the time of the commission of the offense is
2. Testimonies of other persons, found guilty of the offense charged, the court
49
shall determine and ascertain any civil liability in the absence thereof, the child's nearest
which may have resulted from the offense relative.
committed. However, instead of pronouncing 2. Shall give notice to the local social
the judgment of conviction, the court shall welfare and development officer who will
place the child in conflict with the law under determine the appropriate programs in
suspended sentence, without need of consultation with the child and to the
application: Provided, however, That person having custody over the child.
suspension of sentence shall still be applied 3. If the parents, guardians or nearest
even if the juvenile is already eighteen years relatives cannot be located, or if they
(18) of age or more at the time of the refuse to take custody, the child may be
pronouncement of his/her guilt. released to any of the following:
a. a duly registered
Upon suspension of sentence and after nongovernmental or
considering the various circumstances of the religious organization;
child, the court shall impose the appropriate b. a barangay official or a
disposition measures as provided in the member of the Barangay
Supreme Court Rule on Juveniles in Conflict Council for the Protection
with the Law. (Sec. 38) of Children (BCPC);
c. a local social welfare and
Discharge of the Child in Conflict with the Law - development officer; or
Upon the recommendation of the social worker when and where
who has custody of the child, the court shall appropriate, the DSWD.
dismiss the case against the child whose 4. If the child referred to herein has been
sentence has been suspended and against found by the Local Social Welfare and
whom disposition measures have been issued, Development Office to be abandoned,
and shall order the final discharge of the child neglected or abused by his parents, or in
if it finds that the objective of the disposition the event that the parents will not comply
measures have been fulfilled. with the prevention program, the proper
petition for involuntary commitment shall
The discharge of the child in conflict with the be filed by the DSWD or the Local Social
law shall not affect the civil liability resulting Welfare and Development Office
from the commission of the offense, which pursuant to Presidential Decree No. 603,
shall be enforced in accordance with law. (Sec. otherwise, known as "The Child and
39) Youth Welfare Code".
e. Treatment of child below age of responsibility f. Status offenses under Sec. 57 of RA 9344
[Sec. 20, RA 9344]
Sec. 57. Status Offenses. - Any conduct not
If it has been determined that the child taken considered an offense or not penalized if
into custody is fifteen (15) years old or below, committed by an adult shall not be considered
the authority which will have an initial contact an offense and shall not be punished if
with the child has the duty to: committed by a child.
1. Immediately release the child to the
custody of his/her parents or guardian, or g. Offenses not applicable to children under Sec.
58 of RA 9344
50
3. That the physical force must come from a

Persons below eighteen (18) years of age shall third person.
be exempt from prosecution for the crime of:
1. vagrancy and prostitution under Section Note: Before a force can be considered to be an
202 of the Revised Penal Code, irresistible one, it must produce such an effect
2. mendicancy under Presidential Decree No. on the individual that, in spite of all resistance,
1563, and it reduces him to a mere instrument and, as
3. sniffing of rugby under Presidential Decree such, incapable of committing the crime. (US v.
No. 1619, Elicanal, 1916)
Such prosecution being inconsistent with the To be exempt from criminal liability, a person
United Nations Convention on the Rights of invoking irresistible force must show that the
the Child. force exerted was such that it reduced him to a
mere instrument who acted not only without
Provided, that said persons shall undergo will but against his will. [People v. Lising
appropriate counseling and treatment (1998)]
program.
Basis: Complete absence of freedom.
Basis: Complete absence or lack of intelligence.
PAR. 4. ACCIDENT
PAR. 6. UNCONTROLLABLE FEAR
Accident - something that happens outside the
sway of our will and, although coming about Elements:
through some act of our will, lies beyond the 1. That the threat which causes the fear is of
bounds of humanly foreseeable consequences. an evil greater than or at least equal to,
that which he is forced to commit;
Under Article 12, paragraph 4, the offender is 2. That it promises an evil of such gravity and
exempt not only from criminal but also from imminence that the ordinary man would
civil liability. have succumbed to it.
Elements: A threat of future injury is not enough. The

1. A person is performing a lawful act; compulsion must be of such a character as to
2. With due care; leave no opportunity to the accused for escape
3. He causes an injury to another by mere or self-defense in equal combat.
accident;
4. Without fault or intention of causing it. Basis: Complete absence of freedom.
Basis: Lack of negligence and intent. Irresistible Force Uncontrollable Fear

Irresistible force must Uncontrollable fear
PAR. 5. IRRESISTIBLE FORCE operate directly upon may be generated by
the person of the a threatened act
Elements: accused and the injury directly to a third
1. That the compulsion is by means of feared may be a lesser person such as the
physical force; degree than the wife of the accused,
2. That the physical force must be irresistible; damage caused by but the evil feared
51
the accused. must be greater or at 5. Immediate vindication of a grave

least equal to the offense
damage caused to 6. Passion or obfuscation
avoid it. 7. Voluntary surrender
Offender uses physical Offender employs 8. Voluntary plea of guilt
force or violence to intimidation or threat 9. Plea to a lower offense
compel another in compelling another 10. Physical defect
person to commit a to commit a crime. 11. Illness
crime. 12. Analogous Circumstances
PAR. 7. INSUPERABLE OR LAWFUL Mitigating circumstances or causas attenuates

CAUSES - if present in the commission of the crime, do
not entirely free the actor from criminal liability,
Insuperable means insurmountable. A cause but serve only to reduce the penalty.
which has lawfully, morally or physically
prevented a person to do what the law Basis: They are based on the diminution of 1)
commands. either freedom of action, 2) intelligence or
intent or on the 3) lesser perversity of the
Elements: offender.
1. That an act is required by law to be done;
2. That a person fails to perform such act; Voluntary surrender and plea of guiltbeing
3. That his failure to perform such act was circumstances that occur after the commission
due to some lawful or insuperable cause of the offense, show the accused’s respect for
the law (voluntary surrender) and remorse and
Basis: Lack of intent. acceptance of punishment (plea of guilt).
Reduction of penalty is to benefit the accused
People v. Bandian (1936): A woman cannot be who saved the State the trouble of utilizing
held liable for infanticide when she left her limited resources (e.g., time and manpower,
newborn child in the bushes without being etc.)
aware that she had given birth at all. Severe
dizziness and extreme debility made it Ordinary v. Privileged mitigating circumstance
physically impossible for Bandian to take home Privileged
Ordinary MC
the child plus the assertion that she didn’t MC
know that she had given birth. As to offset May be offset
by any Cannot be
aggravating offset
C. MITIGATING CIRCUMSTANCES
circumstance
As to effect If not offset by Reduces
Mitigating Circumstances:
aggravating the penalty
1. Incomplete Justification and
circumstance, by one to
Exemption
reduces the two
2. Under 18 or Over 70 years of age
penalty degrees
3. No intention to commit so grave a
provided by than that
wrong
law to its min provided by
4. Sufficient Provocation or Threat
period law for the
52
provided the crime. 69 requires that a majority of the conditions

penalty is required must be present.
divisible.
b. Incomplete justifying circumstance of
avoidance of greater evil or injury
Requisites:
PAR. 1. INCOMPLETE JUSTIFYING OR a) That the evil sought to be avoided
EXEMPTING CIRCUMSTANCES actually exists;
b) That the injury feared be greater than
Not all the requisites necessary to justify the that done to avoid it;
act or to exempt from criminal liability are c) That there be no other practical and
attendant: less harmful means of preventing it.
1. Self-defense [Art. 11, par. 1]
2. Defense of relatives [Art. 11, par. 2] If any of the last two requisites is lacking, there
3. Defense of strangers [Art. 11, par. 3] is only a mitigating circumstance. The first
4. State of necessity [Art. 11, par. 4] element is indispensable.
5. Performance of duty [Art. 11, par. 5]
6. Obedience to the order of superiors [Art. c. Incomplete justifying circumstance of
11, par. 6] performance of duty
7. Minority over 15 years of age but below
18 years of age [Art. 12, par. 3] Requisites:
8. Causing injury by mere accident [Art. 12, 1. performance of a duty or in the lawful
par.4] exercise of a right or office; and
9. Uncontrollable fear [Art. 12 par. 6] 2. injury or offense be the necessary
consequence of the due performance
Incomplete justifying circumstances: of duty or the lawful exercise of such
right or office.
a. Incomplete self-defense, defense of relatives, People v. Oanis (1943): The SC considered
defense of stranger one of the 2 requisites as constituting the
majority. It seems that there is no ordinary
UNLAWFUL AGGRESSION, as an mitigating circumstance under Art. 13 par. 1
indispensable requisite must always be when the justifying or exempting
present.. circumstance has 2 requisites only.
Par. 1 of Art. 13 is applicable only when Where only one of the requisites was
1. There is unlawful aggression present, Article 69 was applied.
2. other 2 requisites are not present in
any of the cases Incomplete exempting circumstances:
a. Incomplete exempting circumstance of
Note: When two of the three requisites Accident
mentioned are present, the case must be
considered as a privileged mitigating Requisites:
circumstance under Art. 69 of the Code. Article 1. a lawful act
2. With due care
53
3. causes an injury to another by mere

accident c. Par. 2 contemplates the ff:
4. Without fault or intention of causing it 1. An offender over 15 but under 18 years
of age who acted with discernment.
There is NO SUCH MITIGATING 2. An offender fifteen or over but under 18
CIRCUMSTANCE because: years of age.
3. An offender over 70 years old
If the 2nd requisite (due care) and 1st part of the
4th requisite (fault)are absent, the case will fall Legal effects of various ages of offenders:
under Art. 365 which punishes reckless 1. 15 and below - Exempting
imprudence. 2. Above 15 but under 18 years of age-
exempting circumstance (unless he
If the 1st requisite (lawful act) and 2nd part of acted with discernment,Art. 12, par. 3
the 4th requisite (intention) are absent, it will as amended by RA 9344).
be an intentional felony [Art. 4, par. 1]. 3. Minor delinquent under 18 years of
age, the sentence may be suspended.
b. Incomplete exempting circumstance of [Art. 192, PD No. 603 as amended by
uncontrollable fear. PD 1179]
4. Under 18 – privileged mitigating [Art.
Requisites: 68]
1. threat which caused the fear was of an 5. 18 years or over, full criminal
evil greater than, or at least equal to, responsibility.
than which required to commit; 6. 70 years or over – mitigating, no
2. evil of such gravity and imminence that imposition of death penalty; if already
an ordinary person would have imposed. Execution of death penalty
succumbed. is suspended and commuted.
Note: If only one of these requisites is present, PAR. 3. NO INTENTION TO COMMIT SO

there is only a mitigating circumstance. GRAVE A WRONG (PRAETER
INTENTIONEM)
PAR. 2. UNDER 18 OR OVER 70 YEARS
OF AGE Basis: Diminution of intent.
Basis: Diminution of Intelligence There must be a notable disproportion

between the means employed to execute the
criminal act and its consequences
a. In lowering the penalty:
Based on age of the offender at the time of the The intention, as an internal act, is judged not
commission of the crime not the age when only by the proportion of the means employed
sentence is imposed by him to the evil produced by his act, but also
by:
b. In suspension of the sentence: 1. The weapon used
Based on age of the offender (under 18) at the 2. The part of the body injured
time the sentence is to be promulgated (See Art. 3. The injury inflicted
80, RPC) 4. The manner it is inflicted
54
secure medical treatment at the municipal

Can also be inferred from the subsequent acts dispensary.
of the accused immediately after committing
the offense, such as when the accused helped
his victim to secure medical treatment. PAR. 4. SUFFICIENT PROVOCATION OR
THREAT
Does not apply when: Provocation – any unjust or improper conduct
1. Crime results from criminal or act of the offended party capable of exciting,
negligence or culpa inciting, or irritating anyone
2. The offender employed brute force
3. The victim does not die as a result of Basis: Diminution of intelligence and intent.
the assult in cases of crimes against
persons Elements:
4. Murder qualified by treachery 1. provocation must be sufficient
2. must originate from the offended party
Only applicable to offense resulting in death, 3. That the provocation must be personal
physical injuries, or material harm (including and directed to the accused
property damage). It is not applicable to 4. That the provocation must be
defamation or slander. immediate to the act, i.e., to the
commission of the crime by the person
People v. Calleto (2002) who is provoked
Held: The lack of "intent" to commit a wrong
so grave is an internal state. It is weighed Threat must not be offensive and positively
based on the weapon used, the part of the strong, otherwise may result to unlawful
body injured, the injury inflicted and the aggression justifying self-defense
manner it is inflicted. The fact that the accused Provocation in order to be mitigating must be
used a 9-inch hunting knife in attacking the SUFFICIENT and IMMEDIATELY preceding the
victim from behind, without giving him an act. [People v. Pagal]
opportunity to defend himself, clearly shows
that he intended to do what he actually did, “Sufficient” means adequate to excite a person
and he must be held responsible therefor, to commit a wrong and must accordingly be
without the benefit of this mitigating proportionate to its gravity. [People v. Nabora]
circumstance.
Sufficiency depends upon:
People v. Ural (1974): a. the act constituting provocation
Held: The intention, as an internal act, is b. the social standing of the person
judged not only by the proportion of the means provoked
employed by him to the evil produced by his c. the place and time when the
act, but also by the fact that the blow was or provocation is made.
was not aimed at a vital part of the body. Thus,
it may be deduced from the proven facts that Provocation must be immediate to the
the accused had no intent to kill the victim, his commission of the crime. Reason: When there
design being only to maltreat him, such that is an interval of time between the provocation
when he realized the fearful consequences of and the commission of the crime, the
his felonious act, he allowed the victim to perpetrator has time to regain his reason.
55
facts, they should be treated together as one

Sufficient provocation Provocation as a mitigating circumstance. It is clear that both
as a requisite of mitigating circumstances arose from the same set of
incomplete self- circumstance facts. Hence, they should not be treated as two
defense separate mitigating circumstances.
It pertains to its It pertains to its
absence on the part of presence on the part PAR. 5. IMMEDIATE VINDICATION OF A
the person defending of the offended party. GRAVE OFFENSE
himself. [People v.
CA, G.R. No. 103613, Basis: Diminution of the conditions of
2001] voluntariness.
TIP: The common set-up given in a bar Elements:

problem is that of provocation given by 1. That there be a grave offense done to the
somebody against whom the person provoked one committing the felony, his spouse,
cannot retaliate; thus the person provoked ascendants, descendants, legitimate,
retaliated on a younger brother or on the natural or adopted brothers or sisters, or
father. Although in fact, there is sufficient relatives by affinity within the same
provocation, it is not mitigating because the degree.
one who gave the provocation is not the one 2. That the felony is committed in vindication
against whom the crime was committed. of such grave offense. A lapse of time is
allowed between the vindication and the
You have to look at two criteria: doing of the grave offense.
1. If from the element of time, 3. The vindication need not be done by the
a. material lapse of time stated in the person upon whom the grave offense was
problem and committed
b. there is nothing stated in the problem
that the effect of the threat of Note: Lapse of time is allowed. The Spanish
provocation had prolonged and text uses “proxima.” Although the grave
affected the offender at the time he offense (slapping of the accused in front of
committed the crime many persons hours before the killing), which
then you use the criterion based on the engendered the perturbation of mind, was not
time element. so immediate, it was held that the influence
2. If there is that time element and at the thereof, by reason of its gravity, lasted until the
same time, facts are given indicating that moment the crime was committed. [People v.
at the time the offender committed the Parana].
crime, he is still suffering from outrage of
the threat or provocation done to him, The question whether or not a certain personal
then he will still get the benefit of this offense is grave must be decided by the court,
mitigating circumstance. having in mind
a. the social standing of the person,
Romera v. People (2004): Provocation and b. the place and
passion or obfuscation are not 2 separate c. the time when the insult was made.
mitigating circumstances. It is well-settled that
if these 2 circumstances are based on the same
56
Vindication of a grave offense and passion or 4. That said act which produced the
obfuscation cannot be counted separately and obfuscation was not far removed from
independently. the commission of the crime by a
considerable length of time, during
People v. Torpio (2004: The mitigating which the perpetrator might recover
circumstance of sufficient provocation cannot his normal equanimity. [People v.
be considered apart from the circumstance of Alanguilang]
vindication of a grave offense. These two
circumstances arose from one and the same Passion or obfuscation not applicable when:
incident, i.e., the attack on the appellant by the 1. The act committed in a spirit of
accused, so that they should be considered as LAWLESSNESS.
only one mitigating circumstance. 2. The act is committed in a spirit of
REVENGE.
Provocation Vindication
It is made directly only The grave offense The mitigating circumstance of obfuscation
to the person may be committed arising from jealousy cannot be invoked in
committing the against the offender’s favor of the accused whose relationship with
felony. relatives mentioned the woman was illegitimate.
by law.
The offense need not The offended party Also, the act must be sufficient to produce
be a grave offense. must have done a such a condition of mind. If the cause of loss of
grave offense to the self-control is trivial and slight, obfuscation is
offender or his not mitigating.
relatives.
The provocation or The grave offense Moreover, the defense must prove that the act
threat must may be proximate, which produced the passion or obfuscation
immediately precede which admits of an took place at a time not far removed from the
the act. interval of time commission of the crime. [People v. Gervacio,
It is a mere spite It concerns the honor 1968]
against the one giving of the person.
the provocation or
threat.
PAR. 6. PASSION OR OBFUSCATION US v. De la Cruz (1912): De la Cruz, in the heat
of passion, killed the deceased who was his
(ARREBATO Y OBCECACION)
querida (lover) upon discovering her in the act
of carnal communication with a mutual
Basis: Diminution of intelligence and intent.
acquaintance. He claims that he is entitled to
the mitigating circumstance of passion or
Requisites:
obfuscation and that the doctrine in Hicks is
1. The accused acted upon an impulse
inapplicable.
2. The impulse must be so powerful that
it naturally produces passion or
Held: US v. Hicks is not applicable to the case.
obfuscation in him.
In Hicks, the cause of the alleged passion and
3. That there be an act, both unlawful
obfuscation of the aggressor was the convict's
and sufficient to produce such
vexation, disappointment and deliberate anger
condition of mind; and
57
engendered by the refusal of the woman to Must arise from lawful Irresistible force is
continue to live in illicit relations with him, sentiments to be unlawful.
which she had a perfect reason to do. In this mitigating.
case, the impulse upon which the defendant
acted was the sudden revelation that his Passion/Obfuscation v. Provocation
paramour was untrue to him and his discovery Passion/Obfuscation Provocation
of her in flagrante in the arms of another. This Passion/obfuscation Provocation comes
was a sufficient impulse in the ordinary and is produced by an from the injured party.
natural course of things to produce the passion impulse which may be
and obfuscation which the law declares to be caused by
one of the mitigating circumstances to be provocation.
taken into the consideration of the court. The offense which Must immediately
Passion and Obfuscation cannot co-exist with: engenders the precede the
1. Vindication of grave offense perturbation of mind commission of the
 Exception: When there are other need not be crime.
facts closely connected. Thus, where immediate. It is only
the deceased, had eloped with the required that the
daughter of the accused, and later influence thereof lasts
when the deceased saw the accused until the moment the
coming, the fomer ran upstairs crime is committed.
instead of meeting the accused and In both, the effect is the loss of reason and self-
asking for forgiveness, there are 2 control on the part of the offender.
facts which are closely connected,
namely: (1) elopement, which is a PAR. 7. VOLUNTARY SURRENDER AND
grave offense for the family of old CONFESSION OF GUILT
customs, and (2) refusal to deal with
him, a stimulus strong enough to Basis: Lesser perversity of the offender.
produce passion. The court in People
v. Diokno [G.R. No. L-45100], Two Mitigating Circumstances under This
considered both mitigating Paragraph:
circumstances in favor of the 1. Voluntary surrender to a person in
accused. authority or his agents;
2. Treachery [People v. Wong] 2. Voluntary confession of guilt before the
Passion/Obfuscation v. Irresistible Force court prior to the presentation of
Passion/Obfuscation Irresistible force evidence for the prosecution.
Mitigating Exempting  Whether or not a warrant of arrest had
Circumstance circumstance been issued is immaterial and irrelevant.
Cannot give rise to Physical force is a
physical force condition sine qua Voluntary surrender
because it does not non. Requisites:
involves physical 1. offender had not been actually
force. arrested
Passion/obfuscation Irresistible force 2. offender surrendered himself to a
comes from the comes from a third person in authority or to the latter’s
offender himself. person. agent
58
3. surrender was voluntary. power to govern and execute the laws whether
as an individual or as a member of some court
Surrender is voluntary if spontaneous showing or governmental corporation, board or
the interest of the accused to surrender commission. A barrio captain and a barangay
unconditionally to the authorities, either chairman are also persons in authority. [Art.
because (1) he acknowledges his guilt or (2) 152, RPC, as amended by PD No. 299].
wishes to save them the trouble and expenses
that would be necessarily incurred in his search Agent of a person in authority – is a person,
and capture. [Andrada v. People]. If none of who, by direct provision of law, or by election or
these two reasons impelled the accused to by competent authority, is charged with the
surrender, the surrender is not spontaneous maintenance of public order and the protection
and therefore not voluntary. [People v. Laurel]. and security of life and property and any
person who comes to the aid of persons in
The accused must actually surrender his own authority. [Art. 152, as amended by RA 1978].
person to the authorities, admitting complicity
of the crime. Time of Surrender - the RPC does not
distinguish among the various moments when
Merely requesting a policeman to accompany the surrender may occur. [Reyes, Revised
the accused to the police headquarters is not Penal Code]. The fact that a warrant of arrest
voluntary surrender. [People v. Flores] had already been issued is no bar to the
consideration of that circumstance because the
law does not require that the surrender be
prior the arrest. [People v. Yecla and Cahilig].
Effect of Arrest What is important is that the surrender be
General rule: Not mitigating when defendant spontaneous.
was in fact arrested. [People v. Conwi]
Plea of guilt
Exceptions: Requisites:
1. But where a person, after committing the a) offender spontaneously confessed his guilt.
offense and having opportunity to escape, b) confession of guilt was made in open court,
voluntarily waited for the agents of the that is, before the competent court that is
authorities and voluntarily gave up, he is to try the case; and
entitled to the benefit of the circumstance, a. The extrajudicial confession made
even if he was placed under arrest by a by the accused is not voluntary
policeman then and there. [People v. confession because it was made
Parana] outside the court. [People v. Pardo]
2. Where the arrest of the offender was after c) confession of guilt was made prior to the
his voluntary surrender or after his doing presentation of evidence for the
an act amounting to a voluntary surrender prosecution.
to the agent of a person in authority. a. The change of plea should be
[People v. Babiera; People v. Parana] made at the first opportunity when
his arraignment was first set.
Person in authority and his agent b. A conditional plea of guilty is not
Person in authority – is one directly vested with mitigating.
jurisdiction, that is, a public officer who has the
59
c. Plea of guilt on appeal is not

mitigating. Also, Sec. 2, Rule 116, of the Revised Rules of
d. Withdrawal of plea of not guilty Criminal Procedure requires the consent of the
before presentation of evidence by offended party and the prosecutor before an
prosecution is still mitigating. All accused may be allowed to plead guilty to a
that the law requires is voluntary lesser offense necessarily included in the
plea of guilty prior to the offense charged. The prosecution rejected the
presentation of the evidence by the offer of the accused.
prosecution.
A plea of guilty on an amended information PAR. 8. PHYSICAL DEFECTS
will be considered as an attenuating Basis: Diminution of freedom of action,
circumstance if no evidence was presented in therefore diminution of voluntariness.
connection with the charges made therein.
[People v. Ortiz] No distinction between educated and
uneducated deaf-mute or blind persons.
Plea to a lesser offense
Rule 116, sec. 2, ROC – At arraignment, the Physical defect - being armless, cripple, or a
accused, with the consent of the offended stutterer, whereby his means to act, defend
party and prosecutor, may be allowed by the himself or communicate with his fellow beings
trial court to plead guilty to a lesser offense are limited.
which is necessarily included in the offense
charged. After arraignment but before trial, The physical defect that a person may have
the accused may still be allowed to plead must have a relation to the commission of the
guilty to said lesser offense after withdrawing crime.
his plea of not guilty. No amendment of the
complaint or information is necessary. Where the offender is deaf and dumb, personal
property was entrusted to him and he
People v. Dawaton (2002): Information for misappropriated the same, the crime
murder was filed against Dawaton. When first committed was estafa. The fact that he was
arraigned he pleaded not guilty, but during the deaf and dumb is not mitigating since that
pre-trial he offered to plead guilty to the lesser does not bear any relation to the crime
offense of homicide but was rejected by the committed.
prosecution. The trial court sentenced him to
death. He avers that he is entitled to the If a person is deaf and dumb and he has been
mitigating circumstance of plea of guilty. slandered, he cannot talk so what he did was
he got a piece of wood and struck the fellow on
Held: While the accused offered to plead guilty the head. The crime committed was physical
to the lesser offense of homicide, he was injuries. The Supreme Court held that being a
charged with murder for which he had already deaf and dumb is mitigating because the only
entered a plea of not guilty. We have ruled that way is to use his force because he cannot strike
an offer to enter a plea of guilty to a lesser back in any other way.
offense cannot be considered as an
attenuating circumstance under the provisions PAR. 9. ILLNESS
of Art. 13 of RPC because to be voluntary the Basis: Diminution of intelligence and intent.
plea of guilty must be to the offense charged.
60
Elements: 1. offeder leading the law enforcers to the

1. illness of the offender must diminish place where he buried the instrument of
the exercise of his will-power the crime has been considered as
2. illness should not deprive the offender equivalent to voluntary surrender.
of consciousness of his acts. 2. Stealing driven to do so out of extreme
poverty is considered as analogous to
It is said that this paragraph refers only to incomplete state of necessity.
diseases of pathological state that trouble the 3. Over 60 years old with failing sight, similar
conscience or will. to over 70 years of age mentioned in par. 2.
[People v. Reantillo].
Complete loss of exercise of will-power due to 4. Voluntary restitution of stolen goods
illness may qualify as exempting circumstance similar to voluntary surrender [People v.
Luntao].
A mother who, under the influence of a 5. Impulse of jealous feelings, similar to
puerperal fever, killed her child the day passion and obfuscation. [People v. Libria].
following her delivery. 6. Extreme poverty and necessity, similar to
incomplete justification based on state of
People v. Javier (1999): Javier was married to necessity. [People v. Macbul].
the deceased for 41 years. He killed the 7. Testifying for the prosecution, without
deceased and then stabbed himself in the previous discharge, analogous to a plea of
abdomen. Javier was found guilty of parricide. guilty. [People v. Narvasca].
In his appeal, he claims that he killed his wife
because he was suffering from insomnia for a Canta v. People: Canta stole a cow but alleges
month and at the time of the killing, his mind that he mistook the cow for his missing cow.
went totally blank and he did not know what He made a calf suckle the cow he found and
he was doing. He also claims that he was when it did, Canta thought that the cow he
insane then. found was really his. However, he falsified a
document describing the said cow’s cowlicks
Held: No sufficient evidence or medical finding and markings. After getting caught, he
was offered to support his claim. The court also surrendered the cow to the custody of the
took note of the fact that the defense, during authorities in the municipal hall.
the trial, never alleged the mitigating
circumstance of illness. The alleged mitigating Held: Canta’s act of voluntarily taking the cow
circumstance was a mere afterthought to to the municipal hall to place it in the custody
lessen the criminal liability of the accused. of authorities (to save them the time and effort
of having to recover the cow) was an analogous
circumstance to voluntary surrender.
PAR. 10. ANALOGOUS MITIGATING
CIRCUMSTANCES
Any other circumstance of similar nature and D. AGGRAVATING CIRCUMSTANCES

analogous to the nine mitigating
circumstances enumerated in art. 13 may be Aggravating Circumstances – raise the penalty
mitigating. for a crime to its maximum period provided by
61
law for that crime; or those circumstances possible qualifying circumstances were
which change the nature of the crime. alleged and proven, only one would qualify
the offense and the others would be
Note: The list in this Article is EXCLUSIVE – generic aggravating.
there are no analogous aggravating
circumstances. 4. INHERENT – Those that must accompany
the commission of the crime and is
The aggravating circumstances must be therefore not considered in increasing the
established with moral certainty, with the penalty to be imposed such as evident
same degree of proof required to establish the premeditation in theft, robbery, estafa,
crime itself. adultery and concubinage.
According to the Revised Rules of Criminal 5. SPECIAL – Those which arise under special
Procedure, BOTH generic and qualifying conditions to increase the penalty of the
aggravating circumstances must be alleged in offense and cannot be offset by mitigating
the Information in order to be considered by circumstances such as:
the Court in imposing the sentence. [Rule 110, a. quasi-recidivism [Art. 160]
Sec. 9] b. complex crimes [Art. 48]
c. error in personae [Art. 49]
Basis: Greater perversity of the offender d. taking advantage of public position
manifested in the commission of the felony as and membership in an
shown by: organized/syndicated crime group
1. the motivating power behind the act [Art. 62]
2. the place where the act was committed
3. the means and ways used Generic aggravating Qualifying aggravating
4. the time circumstances circumstances
5. the personal circumstance of the The effect of a
offender and/or of the victim The effect of a
qualifying AC is not
generic AC, not
only to give the crime
Kinds offset by any
its proper and
1. GENERIC – Those that can generally apply mitigating
exclusive name but
to all crimes. Nos. 1, 2, 3 (dwelling), 4, 5, 6, circumstance, is to
also to place the
9, 10, 14, 18, 19, and 20 except “by means increase the penalty
author thereof in such
of motor vehicles”. A generic aggravating which should be
a situation as to
circumstance may be offset by a generic imposed upon the
deserve no other
mitigating circumstance. accused to the
penalty than that
MAXIMUM PERIOD.
specially prescribed by
2. SPECIFIC – Those that apply only to law for said crime.
particular crimes. Nos. 3 (except dwelling), The circumstance
15, 16, 17 and 21. It is not an ingredient
affects the nature of
of the crime. It only
the crime itself such
3. QUALIFYING –Those that change the affects the penalty to
that the offender shall
nature of the crime. Art. 248 enumerate be imposed but the
be liable for a more
the qualifying AC which qualifies the killing crime remains the
serious crime. The
of person to murder. If two or more same
circumstance is
62
actually an ingredient execution of the act or their cooperation

of the crime therein. [Art. 62, par. 4].
Being an ingredient of
The circumstance
the crime, it cannot be D.1. GENERIC
can be offset by an
offset by any Aggravating Circumstances under Art. 14:
ordinary mitigating
mitigating 1. Taking Advantage of Public Office
circumstance
circumstance 2. In Contempt of or With Insult to Public
Authorities
Aggravating circumstances which do not have 3. With Insult or Lack of Regard Due to
the effect of increasing the penalty: Offended Party by Reason of Rank,
1. Aggravating circumstances which in Age or Sex; Or Committed in Dwelling
themselves constitute a crime especially 4. Abuse Of Confidence And Obvious
punishable by law. Ungratefulness
2. Aggravating circumstances which are 5. Crime In Palace Or In Presence Of The
included by the law in defining a crime and Chief Executive; Or Place of Religious
prescribing the penalty therefore shall not Worship
be taken into account for the purpose of 6. Nighttime; Uninhabited Place; With A
increasing the penalty. [Art. 62, par. 1]. Band
3. The same rule shall apply with respect to 7. On Occasion Of A Calamity
any aggravating circumstance inherent in 8. Aid Of Armed Men Or Means To Ensure
the crime to such a degree that it must of Impunity
necessity accompany the commission 9. Recidivism
thereof. [Art. 62, par. 2]. 10. Reiteracion or Habituality
11. Price, Reward Or Promise
Aggravating circumstances which are personal 12. Inundation, Fire, Poison
to the offenders. 13. Evident Premeditation
Aggravating circumstances which arise: 14. Craft, Fraud Or Disguise
1. from moral attributes of the offender; 15. Superior Strength Or Means To
2. from his private relations with the Weaken Defense
offended party; or 16. Treachery
3. from any personal cause, shall only 17. Ignominy
serve to aggravate the liability of the 18. Unlawful Entry
principals, accomplices, accessories as 19. Breaking Wall, Floor, Roof
to whom such circumstances are 20. With Aid Of Persons Under 15; By
attendant. [Art. 62, par. 3]. Motor Vehicle
21. Cruelty
Aggravating circumstances which depend for
their application upon the knowledge of PAR. 1. THAT ADVANTAGE BE TAKEN BY
offenders. THE OFFENDER OF HIS PUBLIC
The circumstances which consist (1) in the POSITION
material execution of the act, or (2) in the
means employed to accomplish it, shall serve This is applicable only if the offender is a public
to aggravate the liability of those persons only officer.
who had knowledge of them at the time of the
The public officer must:
63
1. Use the influence, prestige or ascendancy Basis: Greater perversity of the offender.
which his office gives him PAR. 2. THAT THE CRIME BE
2. As means by which he realizes his purpose. COMMITTED IN CONTEMPT OF OR WITH
INSULT TO THE PUBLIC AUTHORITIES
The essence of the matter is presented in the
inquiry, “did the accused abuse his office in Requisites:
order to commit the crime?” [U.S. v. 1. That the public authority is engaged in the
Rodriguez] exercise of his functions.
2. That the public authority is not the person
When a public officer commits a common against whom the crime is committed.
crime independent of his official functions and 3. The offender knows him to be a public
does acts that are not connected with the authority.
duties of his office, he should be punished as a 4. His presence has not prevented the
private individual without this aggravating offender from committing the criminal act.
circumstance.
Public Authority / Person in Authority – is a
Even if defendant did not abuse his office, if it person directly vested with jurisdiction, that is,
is proven that he has failed in his duties as a public officer who has the power to govern
such public officer, this circumstance would and execute the laws. The councilor, mayor,
warrant the aggravation of his penalty. Thus, governor, barangay captain, barangay
the fact that the vice-mayor of a town joined a chairman etc. are persons in authority. [Art.
band of brigands made his liability greater. 152, as amended by P.D. 1232]
[U.S. v. Cagayan].  A school teacher, town municipal
health officer, agent of the BIR, chief of
The circumstance cannot be taken into police, etc. are now considered persons
consideration in offenses where taking in authority.
advantage of official position is made by law
 Par. 2 is not applicable if committed in
an integral element of the crime such as in
the presence of an agent only such as a
malversation [Art. 217] or falsification of public
police officer.
documents under Art. 171.
Agent - A subordinate public officer charged
Taking advantage of public position is also
with the maintenance of public order and the
inherent in the following cases:
protection and security of life and property,
a. Accessories under Art. 19, par. 3
such as barrio policemen, councilmen, and any
(harboring, concealing or assisting in
person who comes to the aid of persons in
the escape of the principal of the
authority. [Art. 152, as amended by BP 873].
crime); and
b. Title VII of Book Two of the RPC
Knowledge that a public authority is present is
[Crimes committed by public officers].
essential.
Lack of such knowledge indicates lack of
When in the commission of the crime,
intention to insult public authority.
advantage was taken by the offender of his
public position, the penalty to be imposed
If crime is committed against the public
shall be in its maximum regardless of
authority while in the performance of his duty,
mitigating circumstances. [RA 7659]
64
the offender commits direct assault without Designation or title used to fix the relative
this aggravating circumstance. position of the offended party in reference to
others.
Basis: Greater perversity of the offender as
shown by his lack of respect for the public There must be a difference in the social
authorities. condition of the offender and the offended
party.
People v. Rodil (1981): There is the aggravating
circumstance that the crime was committed in b. Age of the offended party
contempt of or with insult to public authorities May refer to old age or tender age of the victim.
when the chief of police was present when the
incident occurred. The chief of police should be c. Sex of the offended party
considered a public authority because he is This refers to the female sex, not to the male
vested with authority to maintain peace and sex.
order over the entire municipality.
The aggravating circumstance is NOT to be
PAR. 3. THAT THE ACT BE COMMITTED considered in the following cases:
WITH INSULT OR IN DISREGARD OF THE 1. When the offender acted with passion and
RESPECT DUE THE OFFENDED PARTY obfuscation. [People v. Ibanez]
2. When there exists a relationship between
ON ACCOUNT OF HIS RANK, AGE, OR
the offended party and the offender.
SEX, OR THAT IT BE COMMITTED IN THE
(People v. Valencia)
DWELLING OF THE OFFENDED PARTY, IF 3. When the condition of being a woman is
THE LATTER HAS NOT GIVEN indispensable in the commission of the
PROVOCATION. crime. Thus, in rape, abduction, or
seduction, sex is not aggravating. [People v.
Four circumstances are enumerated in this Lopez]
paragraph, which can be considered singly or
together. d. Dwelling (Morada)
Building or structure, exclusively used for rest
If all the 4 circumstances are present, they and comfort. Thus, in the case of People v.
have the weight of one aggravating Magnaye, a “combination of a house and a
circumstance only. store”, or a market stall where the victim slept
is not a dwelling.
There must be evidence that in the commission
of the crime, the accused deliberately intended This is considered an AC because in certain
to offend or insult the sex or age of the cases, there is an abuse of confidence which
offended party. [People v. Mangsat] the offended party reposed in the offender by
opening the door to him.
Disregard of rank, age or sex may be taken into
account only in crimes against persons or Dwelling need not be owned by the offended
honor. [People v. Pugal; People vs. Ga] party. It is enough that he used the place for
his peace of mind, rest, comfort and privacy.
a. Rank of the offended party
65
Dwelling should not be understood in the and not as a private place of abode or
concept of a domicile: A person has more than residence.
one dwelling. So, if a man has so many wives
and he gave them places of their own, each People v. Arizobal (2000): Generally, dwelling
one is his own dwelling. If he is killed there, is considered inherent in the crimes which can
dwelling will be aggravating, provided that he only be committed in the abode of the victim,
also stays there once in a while. such as trespass to dwelling and robbery in an
inhabited place. However, in robbery with
If a crime of adultery was committed, dwelling homicide the authors thereof can commit the
is considered aggravating on the part of the heinous crime without transgressing the
paramour. However, if the paramour was also sanctity of the victim's domicile. In the case at
residing in the same dwelling, it will not be bar, the robbers demonstrated an impudent
aggravating. disregard of the inviolability of the victims'
abode when they forced their way in, looted
The offended party must not give provocation. their houses, intimidated and coerced their
[People v. Ambis]. inhabitants into submission, disabled
Laurencio and Jimmy by tying their hands
Provocation in the aggravating circumstance of before dragging them out of the house to be
dwelling must be: killed.
a. given by the offended party
b. sufficient, and Dwelling is not aggravating in the following
c. immediate to the commission of the cases:
crime. [People v. Rios, 2000] 1. When both offender and offended party are
It is not necessary that the accused should occupants of the same house [U.S. v.
have actually entered the dwelling of the Rodriguez], and this is true even if offender
victim to commit the offense: it is enough that is a servant of the house. [People v. Caliso]
the victim was attacked inside his own house, 2. When the robbery is committed by the use
although the assailant may have devised of force upon things, dwelling is not
means to perpetrate the assault. [People v. aggravating because it is inherent. [U.S. v.
Ompaid, 1969] Cas]. But dwelling is aggravating in
robbery with violence or intimidation of
Dwelling includes dependencies, the foot of persons because this class or robbery can
the staircase and the enclosure under the be committed without the necessity of
house. [U.S. v. Tapan] trespassing the sanctity of the offended
party’s house. [People v. Cabato]
Basis: Greater perversity of the offender as 3. In the crime of trespass to dwelling, it is
shown by the personal circumstances of the inherent or included by law in defining the
offended party and the place of the crime.
commission of the crime. 4. When the owner of the dwelling gave
sufficient and immediate provocation. [Art.
People v. Taño (2000): Dwelling cannot be 14 par. 3]
appreciated as an aggravating circumstance in
this case because the rape was committed in PAR. 4. THAT THE ACT BE COMMITTED
the ground floor of a two-story structure, the WITH ABUSE OF CONFIDENCE OR
lower floor being used as a video rental store OBVIOUS UNGRATEFULNESS
66
means of facilitating the commission of the

Par. 4 provides two aggravating circumstances. crime, the culprit taking advantage of the
If present in the same case, they must be offended party's belief that the former would
independently appreciated. not abuse said confidence.
PAR. 5. THAT THE CRIME BE

a. Abuse of confidence (Abuso de confianza) COMMITTED IN THE PALACE OF THE
1. That the offended party had trusted CHIEF EXECUTIVE OR IN HIS PRESENCE,
the offender.
OR WHERE PUBLIC AUTHORITIES ARE
2. That the offender abused such trust by
ENGAGED IN THE DISCHARGE OF THEIR
committing a crime against the
DUTIES, OR IN A PLACE DEDICATED TO
offended party.
3. That the abuse of confidence RELIGIOUS WORSHIP
facilitated the commission of the crime.
If it is the Malacañang Palace or a church it is
The confidence between the offender and the aggravating regardless of whether State or
offended party must be immediate and official or religious functions are being held.
personal.  The President need not be in the
It is inherent in malversation (Art. 217), palace.
qualified theft (Art. 310), estafa by conversion  His presence alone in any place where
or misappropriation (Art. 315) and qualified the crime is committed is enough to
seduction. (Art. 337). constitute the AC.
 It also applies even if he is not engaged
b. Obvious ungratefulness in the discharge of his duties in the
1. That the offended party had trusted place where the crime was committed.
the offender;  Cemeteries are not places dedicated
2. That the offender abused such trust by for religious worship.
committing a crime against the
offended party; Note: Offender must have the intention to
3. That the act be committed with commit a crime when he entered the place.
obvious ungratefulness. [People v. Jaurigue]
The ungratefulness must be obvious: (1) Par. 5

manifest and (2) clear. Where public
Par. 2
authorities are
Contempt or insult to
Basis: Greater perversity of the offender as engaged in the
public authorities
shown by the means and ways employed. discharge of their
duties.
People v. Arrojado (2001): For the aggravating Public authorities are engaged in the
circumstance of abuse of confidence to exist, it performance of their duties.
is essential to show that the confidence Public duty is Public duty is
between the parties must be immediate and performed in their performed outside of
personal such as would give the accused some office their office
advantage or make it easier for him to commit The offended party The public authority
the criminal act. The confidence must be a may or may not be the should not be the
67
public authority offended party Nighttime by and of itself is not an aggravating

circumstance.
 As regards the place where the public
authorities are engaged in the When the place is illuminated by light,
discharge of their duties, there must be nighttime is not aggravating.
some performance of public functions.
Basis: Greater perversity of the offender as Nighttime may be absorbed by treachery
shown by the place of the commission of the depending on circumstances.
crime, which must be respected.
Nighttime need not be specifically sought for
PAR. 6. THAT THE CRIME BE when:
COMMITTED IN THE 1. the offender purposely took advantage
a. night time, or of nighttime; or
b. in an uninhabited place, or 2. it facilitated the commission of the
c. by a band, whenever such circumstances offense.
may facilitate the commission of the
offense.
These 3 circumstances may be considered b. Uninhabited place

separately: It is determined not by the distance of the
1. when their elements are distinctly nearest house to the scene of the crime but
perceived and whether or not in the place of the commission
2. can subsist independently, of the offense, there was a reasonable
3. revealing a greater degree of perversity. possibility of the victim receiving some help.
Requisites: Solitude must be sought to better attain the

1. When it facilitated the commission of the criminal purpose. [People v. Aguinaldo]
crime; or
2. When especially sought for by the offender The offenders must choose the place as an aid
to insure the commission of the crime or either (1) to an easy and uninterrupted
for the purpose of impunity; or accomplishment of their criminal designs, or
3. When the offender took advantage thereof (2) to insure concealment of the offense, that
for the purpose of impunity. he might thereby be better secured against
detection and punishment. [U.S. v. Vitug].
a. Nighttime
The commission of the crime must begin and c. Band
be accomplished in the nighttime (after sunset Band - Whenever more than three armed
and before sunrise). malefactors shall have acted together in the
1. It is specially sought by the offender commission of an offense, it shall be deemed
2. the offender purposely took advantage to have been committed by a band.
of nighttime; or
3. it facilitated the commission of the There should
offense. 1. Be at least be four persons
2. At least 4 of them should be armed
68
3. and are principals by direct  “OR OTHER CALAMITY OR

participation. MISFORTUNE” – refers to other
conditions of distress similar to
This aggravating circumstance is absorbed in “conflagration, shipwreck, earthquake
the circumstance of abuse of superior strength. or epidemic.”
This is inherent in brigandage. Basis: To the time of the commission of the

crime.
The armed men must have acted together in
the commission of the crime. PAR. 8. THAT THE CRIME BE
COMMITTED WITH THE AID OF ARMED
Basis: On the time and place of the MEN, OR PERSONS WHO INSURE OR
commission of the crime and means and ways
AFFORD IMPUNITY
employed.
Requisites:
People v. Librando (2000): In this case the trial
1. That the armed men or persons took part
court considered nighttime and uninhabited
in the commission of the crime, directly or
place as just one aggravating circumstance.
indirectly.
2. That the accused availed himself of their
Held: The court did not err in considering
aid or relied upon them when the crime
nighttime and uninhabited place as just one
was committed.
aggravating circumstance. The court cited the
case of People vs. Santos where it has been
Not applicable
held that if the aggravating circumstances of
When both the attacking party and the party
nighttime, uninhabited place or band concur in
attacked were equally armed.
the commission of the crime, all will constitute
one aggravating circumstance only as a
When the accused as well as those who
general rule although they can be considered
cooperated with him in the commission of the
separately if their elements are distinctly
crime acted under the same plan and for the
perceived and can subsist independently,
same purpose.
revealing a greater degree of perversity.
Casual presence, or when the offender did not
PAR. 7. THAT THE CRIME BE avail himself of their aid nor knowingly count
COMMITTED ON THE OCCASION OF A upon their assistance in the commission of the
CONFLAGRATION, SHIPWRECK, crime.
EARTHQUAKE, EPIDEMIC OR OTHER
CALAMITY OR MISFORTUNE Par. 8
Par. 6
With aid of armed
By a band
The rationale for this AC is the debased form of men
criminality of one who, in the midst of a great At least two armed
Requires more than 3
calamity, instead of lending aid to the afflicted, men
armed malefactors
adds to their suffering by taking advantage of
their misfortune and despoiling them. Requires that more This circumstance is
 The offender must take advantage of than three armed present even if one of
the calamity or misfortune.
69
malefactors shall the offenders merely convicted, if he is subsequently

have acted together in relied on their aid, for convicted of a crime embraced in the
the commission of an actual aid is not same title of the Revised Penal Code, it
offense necessary is taken into account as aggravating in
Band members are all Armed men are mere imposing the penalty.
principals accomplices
 Pardon does not erase recidivism, even
People v. Licop: Aid of armed men includes if it is absolute because it only excuses
“armed women”. the service of the penalty, not the
conviction. However, if a person was
Note: “Aid of armed men” is absorbed by granted an amnesty, and thereafter he
“employment of a band”. is convicted of another crime of the
same class as the former crimes, his
Basis: Means and ways of committing the former conviction would not be
crime. aggravating. According to Art. 89,
amnesty extinguishes not only the
PAR. 9. THAT THE ACCUSED IS A penalty but also its effects.
RECIDIVIST (REINCIDENCIA)
If the offender has
Requisites:  already served his sentence and
1. That the offender is on trial for an offense;  he was extended an absolute pardon,
2. That he was previously convicted by final o the pardon shall erase the
judgment of another crime; conviction including recidivism
3. That both the first and the second offenses because there is no more penalty
are embraced in the same title of the Code;
4. That the offender is convicted of the new Basis: Greater perversity of the offender, as
offense. shown by his inclination to crimes.
 In recidivism, the crimes committed People vs. Molina (2000): To prove recidivism,
should be felonies. There is no it is necessary to allege the same in the
recidivism if the crime committed is a information and to attach thereto certified
violation of a special law. copies of the sentences rendered against the
accused. Nonetheless, the trial court may still
 What is controlling is the time of the give such AC credence if the accused does not
trial, not the time of the commission of object to the presentation.
the offense (i.e. there was already a
conviction by final judgment at the
time of the trial for the second crime). PAR. 10. THAT THE OFFENDER HAS
BEEN PREVIOUSLY PUNISHED BY AN
 At the time of the trial means from the OFFENSE TO WHICH THE LAW
arraignment until after sentence is ATTACHES AN EQUAL OR GREATER
announced by the judge in open court. PENALTY OR FOR TWO OR MORE
CRIMES TO WHICH IT ATTACHES A
 Recidivism does not prescribe. No LIGHTER PENALTY
matter how long ago the offender was
70
Recidivism Habitual Delinquency

Requisites: Two convictions are At least three
1. That the accused is on trial for an offense; enough convictions are
2. That he previously served sentence for required
The crimes are not The crimes are limited
another offense to which the law attaches:
specified; it is enough and specified to:
a. an equal or that they may be a. serious physical
b. greater penalty, or embraced under the injuries,
c. for 2 or more crimes to which it same title of the b. less serious
attaches lighter penalty than that for Revised Penal Code physical injuries,
the new offense; and c. robbery,
3. That he is convicted of the new offense. d. theft,
e. estafa or
swindling and
In Reiteracion or Habituality, it is essential that f. falsification
the offender be previously punished; that is, he
has served sentence. There is no time limit There is a time limit of
between the first not more than 10
Par. 10 speaks of conviction and the years between every
subsequent conviction computed
 penalty attached to the offense,
conviction. Recidivism from the first
 not the penalty actually imposed is imprescriptible. conviction or release
from punishment
Basis: Greater perversity of the offender as thereof to conviction
shown by his inclination to crimes. computed from the
second conviction or
release therefrom to
Par. 9 Recidivism Par. 10 Reiteracion
the third conviction
It is necessary that the and so on
It is enough that a
offender shall have
final judgment has
served out his Since reiteracion provides that the accused has
been rendered in the
sentence for the first duly served the sentence for previous
first offense.
offense. conviction/s, or is legally considered to have
The previous and done so, quasi-recidivism cannot at the same
Requires that the
subsequent offenses time constitute reiteracion, hence the latter
offenses be included
must not be cannot apply to a quasi-recidivist.
in the same title of the
embraced in the same
Code
title of the Code If the same set of facts constitutes recidivism
Always to be taken and reiteracion, the liability of the accused
into consideration in Not always an should be aggravated by recidivism which can
fixing the penalty to aggravating be easily proven.
be imposed upon the circumstance
accused PAR. 11. THAT THE CRIME BE
Rationale is the COMMITTED IN CONSIDERATION OF A
Rationale is the
proven tendency to PRICE, REWARD, OR PROMISE
proven resistance to
commit a similar
rehabilitation
offense When this Aggravating Circumstance is
present, there must be 2 or more principals:
Art. 14, Par. 9 Art. 62 par. 5
71
a. the one who gives or offers the price or DERAILMENT OF A LOCOMOTIVE, OR BY

promise; and THE USE OF ANY OTHER ARTIFICE
b. the one who accepts it. INVOLVING GREAT WASTE AND RUIN
Both of whom are principals to the former, Unless used by the offender as a means to
because he directly induces the latter to accomplish a criminal purpose, any of the
commit the crime, and the latter because he circumstances in paragraph 12 cannot be
commits it. considered to increase the penalty or to
change the nature of the offense.
When this AC is present, it affects not only the
person who received the price or reward, but When another AC already qualifies the crime,
also the person who gave it. any of these AC’s shall be considered as
generic aggravating circumstance only.
The evidence must show that one of the
accused used money or valuable consideration Fire is not aggravating in the crime of arson.
for the purpose of inducing another to perform
the deed. [U.S. v. Gamao] Whenever a killing is done with the use of fire,
as when you kill someone, you burn down his
If without previous promise it was given house while the latter is inside, this is murder.
voluntarily after a crime was committed as an
expression of his appreciation for the sympathy There is no such crime as murder with arson or
and aid shown by the other accused, it should arson with homicide. The crime is only murder.
not be taken into consideration for the purpose
of increasing the penalty. If the intent is to destroy property - the crime is
arson even if someone dies as a consequence.
The price, reward or promise:
 Need not consist of or refer to material If the intent is to kill - there is murder even if
things; or the house is burned in the process.
 That the same were actually delivered,
o it being sufficient that the offer Basis: Means and ways employed.
made by the principal by
inducement was accepted by the PAR. 13. THAT THE ACT BE COMMITTED
principal by direct participation WITH EVIDENT PREMEDITATION
before the commission of the
offense. Requisites:
1. The time when the offender determined to
Basis: Greater perversity of the offender, as commit the crime;
shown by the motivating power itself. 2. An act manifestly indicating that the
culprit has clung to his determination; and
PAR. 12. THAT THE CRIME BE 3. A sufficient lapse of time between the
COMMITTED BY MEANS OF determination and execution, to allow him
INUNDATION, FIRE, POISON, to reflect upon the consequences of his act
EXPLOSION, STRANDING OF A VESSEL and to allow his conscience to overcome
OR INTENTIONAL DAMAGE THERETO, the resolution of his will.
72
Evident premeditation implies is proper to consider against the offender

 a deliberate planning of the act the aggravating circumstance of evident
 before executing it. premeditation, because whoever is killed
by him is contemplated in the
The essence of premeditation premeditation. [US v. Manalinde, 1909]
 An opportunity to coolly and serenely  Mere threats without the second element
think and deliberate does not show evident premeditation.
o on the meaning and
o consequences of what he planned Basis: Reference to the ways of committing the
to do, crime because evident premeditation implies a
 An interval long enough for his deliberate planning of the act before executing
conscience and better judgment to it.
overcome his evil desire and scheme.
[People v. Durante] People v. Biso (2003): Dario, a black belt in
 The premeditation must be based upon karate, entered an eatery, seated himself
external facts, and must be evident, not beside Teresita and made sexual advances to
merely suspected indicating deliberate her in the presence of her brother, Eduardo.
planning. Eduardo contacted his cousin, Biso, an ex-
 The date and time when the offender convict and a known toughie in the area, and
determined to commit the crime is related to him what Dario had done to
essential, because the lapse of time for the Teresita. Eduardo and Pio, and 2 others
purpose of the third requisite is computed decided to confront Dario. They positioned
from that date and time. themselves in the alley near the house of
Dario. When Dario arrived on board a taxicab,
 After the offenders had determined to
the four assaulted Dario. Eduardo held, with
commit the crime, there must be a
his right hand, the wrist of Dario and covered
manifest indication that they clung to their
the mouth of Dario with his left hand. The 2
determination.
others held Dario's right hand and hair. Pio
 Where conspiracy is directly established,
then stabbed Dario near the breast with a fan
with proof of the attendant deliberation
knife. Eduardo stabbed Dario and fled with his
and selection of the method, time and
three companions from the scene.
means of executing the crime, the
existence of evident premeditation can be
Held: There was no evident premeditation. The
taken for granted. [U.S. v. Cornejo]
prosecution failed to prove that the four
 Evident premeditation is inherent in intended to kill Dario and if they did intend to
robbery, adultery, estafa, and falsification. kill him, the prosecution failed to prove how
However, it may be aggravating in robbery the malefactors intended to consummate the
with homicide if the premeditation crime. Except for the fact that the appellant
included the killing of the victim. [People v. and his three companions waited in an alley for
Valeriano] Dario to return to his house, the prosecution
 In order that premeditation may exist, it is failed to prove any overt acts on the part of the
not necessary that the accused appellant and his cohorts showing that that
premeditated the killing of a particular they had clung to any plan to kill the victim.
individual. If the offender premeditated on
the killing of any person (general attack), it
73
PAR. 14. THAT CRAFT, FRAUD OR  But if in spite of the use of

DISGUISE BE EMPLOYED handkerchief to cover their faces, the
culprits were recognized by the victim,
Craft disguise is not considered aggravating.
 Involves intellectual trickery and
cunning on the part of the accused. Basis: Means employed in the commission of
 It is employed as a scheme in the the crime.
execution of the crime.
People v. San Pedro: Where the accused
Fraud pretended to hire the driver in order to get his
 Insidious words or machinations used vehicle, it was held that there was craft
o to induce the victim directed to the theft of the vehicle, separate
o to act in a manner from the means subsequently used to
 which would enable the offender to treacherously kill the defenseless driver.
carry out his design.
People v. Labuguen (2000): Craft involves
Craft and Fraud may be intellectual trickery and cunning on the part of
the offender. When there is a direct
 absorbed in treachery if they have been
inducement by insidious words or
deliberately adopted as the means,
machinations, fraud is present. By saying that
methods or forms for the treacherous
he would accompany the victim to see the
strategy, or
cows which the latter intended to buy,
 they may co-exist independently where
appellant was able to lure the victim to go with
they are adopted for a different
him.
purpose in the commission of the crime.
PAR. 15. THAT ADVANTAGE BE TAKEN

Fraud Craft
When there is a OF SUPERIOR STRENGTH, OR MEANS
The act of the accused BE EMPLOYED TO WEAKEN THE
DIRECT
was done in order DEFENSE
INDUCEMENT by
NOT TO AROUSE
insidious words or
SUSPICION To TAKE ADVANTAGE of superior strength
machinations
means
Disguise  to use purposely excessive force
 Resorting to any device to conceal  out of proportion to the means of
identity. defense available to the person
 The test of disguise is attacked.
o whether the device or
contrivance resorted to by the Superiority may arise from
offender  aggressor’s sex, build, weapon or
o was intended to or did make number
identification more difficult, such  as compared to that of the victim (e.g.
as the use of a mask, false hair or accused attacked an unarmed girl with
beard. a knife; 3 men stabbed to death the
female victim).
74
People v. Lobrigas (2002): The crime

No advantage of superior strength when committed was murder qualified by the
 one who attacks is overcome with aggravating circumstance of abuse of superior
passion and obfuscation or strength. To appreciate abuse of superior
 when quarrel arose unexpectedly and strength, there must be a deliberate intent on
the fatal blow was struck while victim the part of the malefactors to take advantage
and accused were struggling. of their greater number. They must have
notoriously selected and made use of superior
strength in the commission of the crime. To
take advantage of superior strength is to use
excessive force that is out of proportion to the
Versus by a band: means for self-defense available to the person
 In the circumstance of abuse of attacked; thus, the prosecution must clearly
superior strength, what is taken into show the offenders' deliberate intent to do so.
account is
o not the number of aggressors nor People v. Sansaet (2002): Mere superiority in
the fact that they are armed number, even assuming it to be a fact, would
o but their relative physical might not necessarily indicate the attendance of
vis-à-vis the offended party abuse of superior strength. The prosecution
should still prove that the assailants purposely
used excessive force out of proportion to the
Means Employed to Weaken Defense means of defense available to the persons
 This circumstance is applicable only attacked.
o to crimes against persons and
o sometimes against person and Finally, to appreciate the qualifying
property, such as robbery with circumstance of abuse of superior strength,
physical injuries or homicide. what should be considered is whether the
aggressors took advantage of their combined
Note: The means used must not totally strength in order to consummate the offense.
eliminate possible defense of the victim, To take advantage of superior strength means
otherwise it will fall under treachery to purposely use excessive force out of
proportion to the means available to the
Basis: Means employed in the commission of person attacked to defend himself.
the crime.
PAR. 16. THAT THE ACT BE COMMITTED
People v. Carpio: There must be evidence of WITH TREACHERY (ALEVOSIA)
notorious inequality of forces between the
offender and the offended party in their age, Treachery – when the offender commits any of
size and strength, and that the offender took the crimes against the person, employing
advantage of such superior strength in the means, methods, or forms in the execution
commission of the crime. The mere fact that thereof which tend directly and specially to
there were two persons who attacked the victim insure its execution, without risk to himself
does not per se constitute abuse of superior arising from the defense which the offended
strength. party might make.
75
Requisites: 4. Treachery cannot be presumed. The

1. The employment of means of execution suddenness of the attack does not, of itself,
that gave the person attacked no suffice to support a finding of alevosia,
opportunity to defend himself or even if the purpose was to kill, so long as
retaliate; and the decision was made all of a sudden and
2. That the offender consciously adopted the victim’s helpless position was
the particular means, method or form of accidental. [People v. Lubreo]. It must be
attack employed by him. proved by clear and convincing evidence.
[People v. Santos].
The essence of treachery is that by virtue of the
means, method or form employed by the Attacks show intention to eliminate risk:
offender, the offended party was not able to  Victim asleep
put up any defense.  Victim half-awake or just awakened
 If the offended party was able to put up  Victim grappling or being held.
a defense, even only a token one, there is  Attacked from behind
no treachery.
 Instead, some other aggravating Additional rules:
circumstance may be present but it is no  When the aggression is CONTINUOUS,
longer treachery. treachery must be present in the
BEGINNING of the assault.
 When the assault WAS NOT
CONTINUOUS, in that there was an
Rules Regarding Treachery interruption, it is sufficient that
1. Applicable only to crimes against persons. treachery was present AT THE
2. Means, methods or forms need not insure MOMENT THE FATAL BLOW WAS
accomplishment or consummation of the GIVEN.
crime.
 The treacherous character of the means Basis: Means and ways employed in the
employed in the aggression does not commission of the crime.
depend upon the result thereof but upon
the means itself. Thus, frustrated People v. Malejana: Treachery may still be
murder could be aggravated by appreciated even when the victim was
treachery. forewarned of danger to his person. What is
3. The mode of attack must be consciously decisive is that the execution of the attack
adopted. made it impossible for the victim to defend
 The accused must make some himself or to retaliate. Thus, even a frontal
preparation to kill the deceased in such attack could be treacherous when unexpected
manner as to insure the execution of the and on an unarmed victim who would be in no
crime or to make it impossible or hard position to repel the attack or avoid it.
for the person attacked to defend
himself or retaliate. [People v. Tumaob] Treachery cannot co-exist with passion and
 It must be a result of meditation, obfuscation.
calculation or reflection. [U.S. v.
Balagtas] People v. Rendaje (2000): To constitute
76
treachery, two conditions must concur: (1) the by winding cogon grass around his genitals
employment of means, methods or manner of augmented the wrong done by increasing its
execution that would ensure the offender's pain and adding ignominy thereto.
safety from any defense or retaliatory act on
the part of the offended party; and (2) the People v. Cachola (2004): For ignominy to be
offender's deliberate or conscious choice of the appreciated, it is required that the offense be
means, method or manner of execution. committed in a manner that tends to make its
effect more humiliating, thus adding to the
Treachery absorbs: victim's moral suffering. Where the victim was
1. Abuse of superior strength [U.S. v. Estopia] already dead when his body or a part thereof
2. Use of means to weaken the defense was dismembered, ignominy cannot be taken
[People v. Siatong] against the accused. In this case, the
3. Aid of armed men [People v. Ferrera] information states that Victorino's sexual
4. Nighttime [People v. Kintuan] organ was severed after he was shot and there
5. Craft [People v. Malig] is no allegation that it was done to add
6. By a band [People v. Ampo-an] ignominy to the natural effects of the act. We
cannot, therefore, consider ignominy as an
PAR. 17. THAT MEANS BE EMPLOYED OR aggravating circumstance.
CIRCUMSTANCES BROUGHT ABOUT
WHICH ADD IGNOMINY TO THE People v. Bumidang (2000): The aggravating
NATURAL EFFECTS OF THE ACT circumstance of ignominy shall be taken into
account if means are employed or
 It is a circumstance pertaining to the circumstances brought about which add
moral order, which adds disgrace to the ignominy to the natural effects of the offense;
material injury caused by the crime. or if the crime was committed in a manner that
tends to make its effects more humiliating to
 The means employed or the
the victim, that is, add to her moral suffering. It
circumstances brought about must tend
was established that Baliwang used the
to make the effects of the crime MORE
flashlight and examined the genital of Gloria
HUMILIATING or TO PUT THE
before he ravished her. He committed his
OFFENDED PARTY TO SHAME.
bestial deed in the presence of Gloria's old
 Applicable to crimes against chastity,
father. These facts clearly show that Baliwang
rape, less serious physical injuries, light or
deliberately wanted to further humiliate Gloria,
grave coercion and murder.
thereby aggravating and compounding her
 Raping a woman from behind is
moral sufferings. Ignominy was appreciated in
ignominous because that is not the
a case where a woman was raped in the
normal form of intercourse, it is
presence of her betrothed, or of her husband,
something which offends the morals of
or was made to exhibit to the rapists her
the offended woman. This is how animals
complete nakedness before they raped her.
do it.
PAR. 18. THAT THE CRIME BE
Basis: Means employed.
COMMITTED AFTER AN UNLAWFUL
People v. Torrefiel (1947): The novelty of the ENTRY.
manner in which the accused raped the victim
Unlawful Entry
77
 There is unlawful entry when an PAR. 20. THAT THE CRIME BE

entrance is effected by a way not COMMITTED WITH THE AID OF
intended for the purpose. PERSONS UNDER FIFTEEN YEARS OF
 Unlawful entry must be a means to AGE OR BY MEANS OF MOTOR
effect entrance and not for escape. VEHICLES, MOTORIZED WATERCRAFT,
 There is no unlawful entry when the AIRSHIPS, OR OTHER SIMILAR MEANS
door is broken and thereafter the
accused made an entry thru the broken a. With the aid of persons under 15 years of
door. The breaking of the door is age
covered by paragraph 19.  To repress, so far as possible, the
 Unlawful entry is inherent in the crime frequent practice resorted to by
of trespass to dwelling and robbery professional criminals of availing
with force upon things but aggravating themselves of minors taking
in the crime of robbery with violence advantage of their lack of criminal
against or intimidation of persons. responsibility (remember that minors
are given leniency when they commit
a crime)
Basis: Means and ways employed to commit
the crime. b. By means of a motor vehicle
To counteract the great facilities found by
PAR. 19. THAT AS A MEANS TO THE modern criminals in said means to commit
COMMISSION OF THE CRIME, A WALL, crime and flee and abscond once the same is
ROOF, FLOOR, DOOR OR WINDOW BE committed.
BROKEN
 To be considered as an AC, breaking the This circumstance is aggravating only when
door must be utilized as a means to the used in the commission of the offense.
commission of the crime.  If motor vehicles are used only in the
 It is only aggravating in cases where the escape of the offender, it is not
offender resorted to any of said means TO aggravating. It must have been used
ENTER the house. to facilitate the commission of the
 If the wall, etc. is broken in order to get crime to be aggravating.
out of the place, it is not aggravating.
 Because of the phrase “as a means to the “Or other similar means” – the expression
commission of a crime”, it is not should be understood as referring to
necessary that the offender should have  MOTORIZED vehicles or
entered the building. What aggravates  other efficient means of transportation
the liability of the offender is the breaking similar to automobile or airplane.
of a part of the building as a means to the
commission of the crime. Basis: Means and ways employed to commit
the crime.
Basis: Means and ways employed to commit
the crime. PAR. 21. THAT THE WRONG DONE IN
THE COMMISSION OF THE CRIME BE
DELIBERATELY AUGMENTED BY
78
CAUSING OTHER WRONG NOT cruelty to exist there must be proof showing
NECESSARY FOR ITS COMMISSION that the accused delighted in making their
victim suffer slowly and gradually, causing him
Requisites: unnecessary physical and moral pain in the
1. That the injury caused be deliberately consummation of the criminal act. No proof
increased by causing other wrong; was presented that would show that accused-
2. That the other wrong be unnecessary for appellants deliberately and wantonly
the execution of the purpose of the augmented the suffering of their victim.
offender.
People v. Guerrero (2002): Appellant first
For it to exist, it must be shown that the severed the victim's head before his penis was
accused enjoyed and delighted in making his cut-off. This being the sequence of events,
victim suffer. cruelty has to be ruled out for it connotes an
act of deliberately and sadistically augmenting
If the victim was already dead when the acts of the wrong by causing another wrong not
mutilation were being performed, necessary for its commission, or inhumanely
 this would also qualify the killing to increasing the victim's suffering. As testified to
murder due to outraging of his corpse. by Dr. Sanglay, and reflected in her medical
certificate, Ernesto in fact died as a result of his
Basis: Ways employed to commit the crime. head being severed. No cruelty is to be
appreciated where the act constituting the
Ignominy Cruelty alleged cruelty in the killing was perpetrated
Shocks the moral when the victim was already dead.
Physical
conscience of man
Refers to the moral D.2. QUALIFYING
effect of a crime and it
Refers to the physical a. Decree Codifying the Laws on Illegal/
pertains to the moral
suffering of the victim Unlawful Possession, Manufacture, Dealing in,
order, whether or not
so he has to be alive Acquisition or Disposition, of Firearms,
the victim is dead or
alive Ammunition or Explosives [P.D. 1866, as
amended by R.A. No. 8294] as an aggravating
People v. Catian (2002): Catian repeatedly circumstance
struck Willy with a "chako" on the head,
causing Willy to fall on his knees. Calunod Acts punished
seconded by striking the victim with a piece of 1. Unlawful manufacture, sale, acquisition,
wood on the face. When Willy finally collapsed, disposition or possession of firearms or
Sumalpong picked him up, carried him over his ammunition or instruments used or
shoulder, and carried Willy to a place where intended to be used in the manufacture of
they burned Willy. The latter’s skeletal remains firearms or ammunition PROVIDED, That
were discovered by a child who was pasturing no other crime is committed.
his cow near a peanut plantation. a. If homicide or murder is committed
with the use of an unlicensed firearm,
Held: The circumstance of cruelty may not be such use of an unlicensed firearm shall
considered as there is no showing that the be considered as an aggravating
victim was burned while he was still alive. For circumstance.
79
b. If the violation of this section is in People vs. Ladjaalam (2000):

furtherance of or incident to, or in If an unlicensed firearm is used in the
connection with the crime of rebellion commission of any crime, there can be no
or insurrection, sedition, or attempted separate offense of simple illegal possession of
coup d'etat, such violation shall be firearms.
absorbed as an element of the crime of
rebellion, or insurrection, sedition, or Hence, if the “other crime” is murder or
attempted coup d'etat. homicide, illegal possession of firearms
becomes merely an aggravating circumstance,
2. Unlawful manufacture, sale, acquisition, not a separate offense.
disposition or possession of explosives.
a. When a person commits any of Since direct assault with multiple attempted
the crimes defined in the homicide was committed in this case,
Revised Penal Code or special appellant can no longer be held liable for
laws illegal possession of firearms.
 with the use of the
aforementioned explosives, b. The Comprehensive Dangerous Drugs Act of
detonation agents or 2002 [R.A. No. 9165]
incendiary devices, which
results in the death of any As a qualifying aggravating circumstance
person or persons,
 the use of such explosives, Section 25. Qualifying Aggravating
detonation agents or Circumstances in the Commission of a Crime by
incendiary devices shall be an Offender Under the Influence of Dangerous
considered as an aggravating Drugs. – Notwithstanding the provisions of any
circumstance. law to the contrary, a positive finding for the
3. Tampering of firearm's serial number. use of dangerous drugs shall be a qualifying
4. Repacking or altering the composition of aggravating circumstance in the commission of
lawfully manufactured explosives. a crime by an offender, and the application of
the penalty provided for in the Revised Penal
People vs. De Gracia (1994): Code shall be applicable.
Ownership is not an essential element of
illegal possession of firearms and ammunition. i. Immunity from prosecution and punishment,
coverage
What the law requires is merely possession
which includes not only actual physical Sec. 33. Immunity from Prosecution and
possession but also constructive possession. Punishment. – Notwithstanding the provisions
of Section 17, Rule 119 of the Revised Rules of
Palaganas vs. Court of Appeals (2006): Criminal Procedure and the provisions of
With the passage of Republic Act. No. 8294 on Republic Act No. 6981 or the Witness
6 June 1997, the use of an unlicensed firearm in Protection, Security and Benefit Act of 1991,
murder or homicide is now considered as a any person who has violated Sections 7, 11, 12,
SPECIAL aggravating circumstance and not a 14, 15, and 19, Article II of this Act, who
generic aggravating circumstance. voluntarily gives information about any
violation of Sections 4, 5, 6, 8, 10, 13, and 16,
80
Article II of this Act as well as any violation of of the said informant or witness.
the offenses mentioned if committed by a drug
syndicate, or any information leading to the Sec. 34. Termination of the Grant of Immunity.
whereabouts, identities and arrest of all or any – The immunity granted to the informant or
of the members thereof; and who willingly witness, as prescribed in Section 33 of this Act,
testifies against such persons as described shall not attach should it turn out
above, shall be exempted from prosecution or subsequently that the information and/or
punishment for the offense with reference to testimony is false, malicious or made only for
which his/her information or testimony were the purpose of harassing, molesting or in any
given, and may plead or prove the giving of way prejudicing the persons described in the
such information and testimony in bar of such preceding Section against whom such
prosecution: Provided, That the following information or testimony is directed against. In
conditions concur: such case, the informant or witness shall be
subject to prosecution and the enjoyment of all
(1) The information and testimony are rights and benefits previously accorded him
necessary for the conviction of the persons under this Act or any other law, decree or order
described above; shall be deemed terminated.
(2) Such information and testimony are not yet In case an informant or witness under this Act
in the possession of the State; fails or refuses to testify without just cause,
and when lawfully obliged to do so, or should
(3) Such information and testimony can be he/she violate any condition accompanying
corroborated on its material points; such immunity as provided above, his/her
immunity shall be removed and he/she shall
(4) the informant or witness has not been likewise be subject to contempt and/or
previously convicted of a crime involving moral criminal prosecution, as the case may be, and
turpitude, except when there is no other direct the enjoyment of all rights and benefits
evidence available for the State other than the previously accorded him under this Act or in
information and testimony of said informant or any other law, decree or order shall be deemed
witness; and terminated.
(5) The informant or witness shall strictly and In case the informant or witness referred to
faithfully comply without delay, any condition under this Act falls under the applicability of
or undertaking, reduced into writing, lawfully this Section hereof, such individual cannot
imposed by the State as further consideration avail of the provisions under Article VIII of this
for the grant of immunity from prosecution and Act.
punishment. ii. Minor offenders
Provided, further, That this immunity may be Sec. 66. Suspension of Sentence of a First-Time
enjoyed by such informant or witness who does Minor Offender. – An accused who is over
not appear to be most guilty for the offense fifteen (15) years of age at the time of the
with reference to which his/her information or commission of the offense mentioned in
testimony were given: Provided, finally, That Section 11 of this Act, but not more than
there is no direct evidence available for the eighteen (18) years of age at the time when
State except for the information and testimony judgment should have been promulgated after
81
having been found guilty of said offense, may favorable recommendation of the Board for the
be given the benefits of a suspended sentence, final discharge of the accused, shall discharge
subject to the following conditions: the accused and dismiss all proceedings.
(a) He/she has not been previously convicted of Upon the dismissal of the proceedings against
violating any provision of this Act, or of the the accused, the court shall enter an order to
Dangerous Drugs Act of 1972, as amended; or expunge all official records, other than the
of the Revised Penal Code; or of any special confidential record to be retained by the DOJ
penal laws; relating to the case. Such an order, which shall
(b) He/she has not been previously committed be kept confidential, shall restore the accused
to a Center or to the care of a DOH-accredited to his/her status prior to the case. He/she shall
physician; and not be held thereafter to be guilty of perjury or
(c) The Board favorably recommends that of concealment or misrepresentation by reason
his/her sentence be suspended. of his/her failure to acknowledge the case or
recite any fact related thereto in response to
While under suspended sentence, he/she shall any inquiry made of him for any purpose.
be under the supervision and rehabilitative
surveillance of the Board, under such Sec. 68. Privilege of Suspended Sentence to be
conditions that the court may impose for a Availed of Only Once by a First-Time Minor
period ranging from six (6) months to eighteen Offender. – The privilege of suspended
(18) months. sentence shall be availed of only once by an
accused drug dependent who is a first-time
Upon recommendation of the Board, the court offender over fifteen (15) years of age at the
may commit the accused under suspended time of the commission of the violation of
sentence to a Center, or to the care of a DOH- Section 15 of this Act but not more than
accredited physician for at least six (6) months, eighteen (18) years of age at the time when
with after-care and follow-up program for not judgment should have been promulgated.
more than eighteen (18) months.
Sec. 69. Promulgation of Sentence for First-
In the case of minors under fifteen (15) years of Time Minor Offender. – If the accused first-time
age at the time of the commission of any minor offender violates any of the conditions of
offense penalized under this Act, Article 192 of his/her suspended sentence, the applicable
Presidential Decree No. 603, otherwise known rules and regulations of the Board exercising
as the Child and Youth Welfare Code, as supervision and rehabilitative surveillance over
amended by Presidential Decree No. 1179 shall him, including the rules and regulations of the
apply, without prejudice to the application of Center should confinement be required, the
the provisions of this Section. court shall pronounce judgment of conviction
and he/she shall serve sentence as any other
Sec. 67. Discharge After Compliance with convicted person.
Conditions of Suspended Sentence of a First-
Time Minor Offender. – If the accused first time Sec. 70. Probation or Community Service for a
minor offender under suspended sentence First-Time Minor Offender in Lieu of
complies with the applicable rules and Imprisonment. – Upon promulgation of the
regulations of the Board, including sentence, the court may, in its discretion, place
confinement in a Center, the court, upon a the accused under probation, even if the
82
sentence provided under this Act is higher than whether or not a person accused under this Act
that provided under existing law on probation, is a first-time minor offender.
or impose community service in lieu of iii. Application/ Non application of RPC
imprisonment. In case of probation, the provisions [Sec. 98, R.A. No. 9165] provisions
supervision and rehabilitative surveillance [Sec. 98] cf. Art. 10, RPC
shall be undertaken by the Board through the
DOH in coordination with the Board of Pardons Section 98, RA 9165. Limited Applicability of
and Parole and the Probation Administration. the Revised Penal Code. – Notwithstanding any
Upon compliance with the conditions of the law, rule or regulation to the contrary, the
probation, the Board shall submit a written provisions of the Revised Penal Code (Act No.
report to the court recommending termination 3814), as amended, shall not apply to the
of probation and a final discharge of the provisions of this Act, except in the case of
probationer, whereupon the court shall issue minor offenders. Where the offender is a minor,
such an order. the penalty for acts punishable by life
imprisonment to death provided herein shall
The community service shall be complied with be reclusion perpetua to death.
under conditions, time and place as may be
determined by the court in its discretion and Art. 10, RPC. Offenses not subject to the
upon the recommendation of the Board and provisions of this Code. — Offenses which are or
shall apply only to violators of Section 15 of in the future may be punishable under special
this Act. The completion of the community laws are not subject to the provisions of this
service shall be under the supervision and Code. This Code shall be supplementary to
rehabilitative surveillance of the Board during such laws, unless the latter should specially
the period required by the court. Thereafter, provide the contrary.
the Board shall render a report on the manner
of compliance of said community service. The Other Aggravating Circumstance
court in its discretion may require extension of Organized or Syndicated Crime Group [Art. 62,
the community service or order a final RPC]
discharge.
Organized or syndicated crime group:
In both cases, the judicial records shall be a. A group of two or more persons
covered by the provisions of Sections 60 and b. collaborating, confederating or
64 of this Act. mutually helping one another
c. for the purpose of gain in the
If the sentence promulgated by the court commission of a crime.
requires imprisonment, the period spent in the
Center by the accused during the suspended Special aggravating circumstance
sentence period shall be deducted from the The maximum penalty shall be imposed
sentence to be served.  if the offense was committed by any
person
Section 71. Records to be kept by the  who belongs to an organized or
Department of Justice. – The DOJ shall keep a syndicated crime group.
confidential record of the proceedings on
suspension of sentence and shall not be used
E. ALTERNATIVE CIRCUMSTANCES
for any purpose other than to determine
83
THREE TYPES of alternative circumstances  when the offender and the offended
under Art. 15: party are relatives of the same level,
1. Relationship as killing a brother, a brother-in-law,
2. Intoxication a half-brother or adopted brother.
3. Degree of education/instruction ii. When the crime is SERIOUS PHYSICAL
INJURIES [Art. 263], even if the
Alternative Circumstances – are circumstances offended party is a descendant of the
which must be taken in consideration as offender, relationship is
aggravating or mitigating according to the AGGRAVATING.
nature and effects of the crime  But the serious physical injuries
must not be inflicted by a parent
E.1. RELATIONSHIP upon his child by excessive
i. Spouse chastisement.
ii.Ascendant iii. When the crime is LESS SERIOUS
iii.
Descendant PHYSICAL INJURIES OR SLIGHT
iv.Legitimate, natural, or adopted PHYSICAL INJURIES if the offended
Brother or Sister party is a relative of a higher degree
v. Relative by Affinity in the same degree than the offender
of the offender iv. When the crime is HOMICIDE OR
MURDER if the victim of the crime is a
a. Where relationship is exempting relative of lower degree.
i. An accessory who is related to the v. In CRIMES AGAINST CHASTITY
principal within the relationship relationship is always aggravating
prescribed in Art. 20 except if
accessory falls within Par. 1 of Art. 19; c. Where relationship is mitigating
ii. A legally married person who having  In Crimes against property, by analogy
surprised his spouse in the act of to the provisions of Art. 332,
committing sexual intercourse with relationship is mitigating in the crimes
another person who shall inflict upon of robbery (arts. 294-3-2), usurpation
them physical injuries of any other kind (Art. 312), fraudulent insolvency (Art.
(i.e. less serious and slight physical 314) and arson (Arts. 321-322, 325-
injuries). [Art. 247, RPC] 326)
iii. Spouses, ascendants and descendants,  When the crime is less serious or slight
or relatives by affinity in the same line physical injuries if the offended party is
who committed the crime of theft, a relative of a lower degree than the
malicious mischief or swindling offender.
(estafa) but there is civil liability. [Art.
332, RPC] People v. Atop (1998): 11-year-old Regina lives
b. Where relationship is aggravating with her grandmother. Atop is the common-
i. In CRIMES AGAINST PERSONS in law husband of her grandmother. Atop was
cases where: found guilty of 4 counts of rape which was
 the offended party is a relative of a committed in 1993 (2x), 1994 and 1995. The
higher degree than the offender lower court took into account the Aggravating
(grandson kills grandfather), or Circumstance of relationship.
84
Held: The law cannot be stretched to include 2. If it is intentional to embolden offender

persons attached by common-law relations. In to commit crime
this case, there is no blood relationship or legal
bond that links Atop to his victim. c. Degree of Instruction/ Education
1. Refers to the lack of sufficient
People v. Marcos (2001): intelligence of and knowledge of the
In order that the alternative circumstance of full significance of one’s act
relationship may be taken into consideration in 2. Being illiterate does not mitigate
the imposition of the proper penalty, the liability if crime committed is one which
offended party must either be the (a) spouse, one inherently understands as wrong
(b) ascendant, (c) descendant, (d) legitimate, (e.g. parricide)
natural or adopted brother or sister, or (e) 3. To be considered mitigating, degree of
relative by affinity in the same degree, of the instruction must have some reasonable
offender.. The rule is that relationship is connection to the offense.
aggravating in crimes against persons as when
the offender and the offended party are F. ABSOLUTORY CAUSE
relatives of the same level, such as killing a
brother. There are FOUR TYPES of absolutory
circumstances:
E.2. INTOXICATION 1. INSTIGATION
2. PARDON
It is only the circumstance of intoxication which 3. OTHER ABSOLUTORY CAUSES
a. if not mitigating, 4. ACTS NOT COVERED BY LAW AND IN
b. is automatically aggravating. CASE OF EXCESSIVE PUNISHMENT
[ART. 5]
a. When mitigating
1. There must be an indication that Absolutory Causes – those where the act
a. because of the alcoholic intake of committed is a crime but for reasons of public
the offender, policy and sentiment there is no penalty
b. he is suffering from diminished imposed.
self-control.
c. It is not the quantity of alcoholic F.1. INSTIGATION
drink.
d. Rather it is the effect of the alcohol Entrapment Instigation
upon the offender which shall be Ways and means are The instigator
the basis of the mitigating resorted to for the practically induces
circumstance. purpose of trapping the would-be accused
2. That offender is and capturing the into the commission
a. not a habitual drinker and lawbreaker in the of the offense and
b. did not take alcoholic drink with execution of his himself becomes a co-
the intention to reinforce his criminal plan principal.
resolve to commit crime The law enforcer
The means originate
conceives the
b. When Aggravating: from the mind of the
commission of the
1. If intoxication is habitual criminal.
crime and suggests to
85
the accused who necessary steps to seize the instrument

carries it into of the crime and to arrest the offenders.
execution.
A public officer or a Example of entrapment:
A person has planned private detective A, a government anti-narcotics agent, acted as
or is about to commit induces an innocent a poseur buyer of shabu and negotiated with B,
a crime and ways and person to commit a a suspected drug pusher who is unaware that
means are resorted to crime and would A is a police officer. A then paid B in marked
by a public officer to arrest him upon or money and the latter handed over a sachet of
trap and catch the after the commission shabu. Upon signal, the cops closed in on B
criminal. of the crime by the
latter. Example of instigation:
The accused must be A, leader of an anti-narcotics team,
Not a bar to the
acquitted because the approached and persuaded B to act as a buyer
prosecution and of shabu and transact with C, a suspected
offender simply acts
conviction of the
as a tool of the law pusher. B was given marked money to pay C
lawbreaker. for a sachet of shabu. After the sale was
enforcers
consummated, the cops closed in and arrested
Entrapment - Trapping persons into crime for both B and C.
the purpose of instituting criminal
prosecutions. It is a scheme or technique People v. Pacis (2002): Yap, an NBI agent,
ensuring the apprehension of the criminals by received information that a Pacis was offering
being in the actual crime scene. to sell ½ kg of "shabu." A buy-bust operation
was approved. The informant introduced Yap
The law officers shall not be guilty to the crime to Pacis as an interested buyer. They
if they have done the following: negotiated the sale of ½ kg of shabu. Pacis
a) He does not induce a person to commit handed to Yap a paper bag with the markings
a crime for personal gain or is not "Yellow Cab". While examining it, Pacis asked
involved in the planning of the crime. for the payment. Yap gave the "boodle money"
b) Does take the necessary steps to seize to Pacis. Upon Pacis's receipt of the payment,
the instrument of the crime and to the officers identified themselves as NBI
arrest the offenders before he obtained agents and arrested him.
the profits in mind.
Held: The operation that led to the arrest of
Instigation - The involvement of a law officer in appellant was an entrapment, not instigation.
the crime itself in the following manner: In entrapment, ways and means are resorted to
1) He induces a person to commit a crime for the purpose of trapping and capturing
for personal gain. lawbreakers in the execution of their criminal
2) Doesn’t take the necessary steps to plan. In instigation, instigators practically
seize the instrument of the crime & to induce the would-be defendant into the
arrest the offenders before he obtained commission of the offense and become co-
the profits in mind. principals themselves. Entrapment is
3) He obtained the profits in mind even sanctioned by law as a legitimate method of
though afterwards does take the apprehending criminal elements engaged in
the sale and distribution of illegal drugs.
86
9. Under Article 219, discovering secrets

US v. Phelps (1910): Phelps was charged and through seizure of correspondence of
found guilty for violating the Opium Law (Act the ward by their guardian is not
No. 1761). Phelps was induced by Smith, an penalized.
employee of the Bureau of Internal Revenue, 10. Ways on how criminal liability is
into procuring opium, providing for a venue extinguished under Art 89.
and making arrangements for the two of them
to smoke opium. F.4. ACTS NOT COVERED BY LAW AND
IN CASE OF EXCESSIVE PUNISHMENT
Held: Smith not only suggested the
commission of the crime but also expressed his Art. 5 RPC. Duty of the court in connection
desire to commit the offense in paying the with acts which should be repressed but
amount required for the arrangements. Such which are not covered by the law, and in
acts done by employees of government in cases of excessive penalties.
encouraging or inducing persons to commit a 1) Whenever a court has knowledge
crime in order to prosecute them are most of any act which it may deem
reprehensible. proper to repress and which is not
punishable by law, it shall render
the proper decision, and shall
F.2. PARDON report to the Chief Executive,
through the Department of
General rule: Pardon does not extinguish Justice, the reasons which induce
criminal action (Art 23). the court to believe that said act
should be made the subject of
Exception: Pardon by marriage between the legislation.
accused and the offended party in cases of 2) In the same way, the court shall
SEDUCTION, ABDUCTION, RAPE AND ACTS submit to the Chief Executive,
OF LASCIVIOUSNESS (Art 344). through the Department of
Justice, such statement as may
F.3. OTHER ABSOLUTORY CAUSES be deemed proper, without
1. Spontaneous desistance [Art. 6] suspending the execution of the
2. Light felonies not consummated [Art. sentence, when a strict
7] enforcement of the provisions of
3. Accessories in light felonies this Code would result in the
4. Accessories exempt under Art. 20 imposition of a clearly excessive
5. Trespass to dwelling to prevent serious penalty, taking into consideration
harm to self [Art. 280] the degree of malice and the
6. Exemption from criminal liability in injury caused by the offense.
crimes against property
7. Under Article 332, exemptions from
criminal liability for cases of theft,
swindling and malicious mischief. Art. 5 covers two situations:
There would only be civil liability. 1. Where the court cannot convict the
8. Death under exceptional accused because the act he committed is
circumstances (Art. 247)
87
not punishable under the law, but the without, however, depriving him of the
court deems it proper to repress such act. consciousness of his act.
 The proper judgment is acquittal.
 The judge must report to the Chief An unwed mother killed her child in order to
Executive that said act be made conceal a dishonor. The concealment of
subject of penal legislation and the dishonor is an extenuating circumstance
reasons therefore. insofar as the unwed mother or the maternal
grandparents are concerned, but not insofar as
2. Where the court after trial finds the the father of the child is concerned. Mother
accused guilty, and the penalty killing her new born child to conceal her
prescribed for the crime appears too dishonor, penalty is lowered by two degrees.
harsh considering the conditions Since there is a material lowering of the
surrounding the commission of the crime, penalty or mitigating the penalty, this is an
 The judge should impose the law extenuating circumstance.
(not suspend the execution of the
sentence). PERSONS CRIMINALLY LIABLE/DEGREE
 The most that he could do is OF PARTICIPATION
recommend to the Chief Executive Under the Revised Penal Code, when more
to grant executive clemency. than one person participated in the
commission of the crime, the law looks into
People v. Veneracion (1995): their participation because in punishing
Held: The law plainly and unequivocally offenders, the Revised Penal Code classifies
provides that “when by reason or on the them as:
occasion of rape, a homicide is committed, the 1. PRINCIPAL
penalty shall be death. Courts are not 2. ACCOMPLICE
concerned with wisdom, efficacy or morality of 3. ACCESSORY
law. The discomfort faced by those forced by This classification is true only under the RPC
law to impose death penalty is an ancient one, and is not applied under special laws, because
but it is a matter upon which judges have no the penalties under the latter are never
choice. The Rules of Court mandates that after graduated.
an adjudication of guilt, the judges should Do not use the term “principal” when the crime
impose the proper penalty and civil liability committed is a violation of special law (use the
provided for by the law on the accused. term “offender/s, culprit/s, accused)
G. EXTENUATING CIRCUMSTANCES As to the liability of the participants in the

Circumstances which mitigate the criminal grave, less grave or light felony:
liability of the offender but not found in Art. 13 11. When the felony is grave, or less grave,
all participants are criminally liable.
Illustration: 12. But when the felony is only light, only
A kleptomaniac is criminally liable. But he the principal and the accomplice are
would be given the benefit of a mitigating liable. The accessory is not.
circumstance analogous to paragraph 9 of
Article 13, that of suffering from an illness Basis: In the commission of light felonies, the
which diminishes the exercise of his will power social wrong as well as the individual prejudice
88
is so small that penal sanction is deemed not

necessary. Two ways of becoming principal by induction:
a. By directly forcing another to commit a
G.1. PRINCIPAL crime by:
(1) By Direct Participation a. Using irresistible force - such physical
(2) By Inducement force as would produce an effect
(3) By Indispensable Cooperation upon the individual that despite all
his resistance, it reduces him to a
(1) By Direct Participation mere instrument.
Requisites: b. Causing uncontrollable fear – such

(1) That they participated in the criminal fear that must be grave, actual,
resolution; and serious and of such kind that majority
(2) That they carried out their plan and of men would succumb to such moral
personally took part in its execution by compulsion. The fear must be both
acts which directly tended to the same grave and imminent and not
end. speculative, fanciful or remote.
Those who are liable (participated in the b. By directly inducing another to commit a
criminal resolution): crime by:
 materially execute the crime; a. Giving of price, or offering of reward
 appear at the scene of the crime; or promise.
 perform acts necessary in the  The one giving the price or offering
commission of the offense. the reward or promise is a
principal by inducement while the
Why one who does not appear at the scene of one committing the crime in
the crime is not liable: consideration thereof is a principal
by direct participation.
 his non-appearance is deemed
b. Using words of command.
desistance which is favored and
encouraged.  The person who used the words of
command is a principal by
 conspiracy is generally not a crime
inducement while the person who
unless the law specifically provides a
committed the crime because of
penalty therefore.
the words command is a principal
 there is no basis for criminal liability
by direct participation.
because there is no criminal
(1) That the one uttering the
participation.
words of command must
have the intention of
(2) By Inducement
procuring the commission of
Elements:
the crime;
a. That the inducement be made directly
(2) That the one who made the
with the intention of procuring the
command must have an
commission of the crime;
ascendancy or influence over
b. That such inducement be the
the person who acted;
determining cause of the commission
of the crime by the material executor.
89
(3) That the words used must be one shouting to be liable. Words uttered in the
so direct, so efficacious, so heat of the moment is not enough to make one
powerful as to amount to a principal to the crime.
physical or moral coercion;
(4) That the words of command People v. Valderrama (1993):
must be uttered prior to the Ernesto shouted to his younger brother Oscar,
commission of the crime; and “Birahin mo na, birahin mo na!” Oscar stabbed
(5) The material executor of the the victim.
crime has no personal reason
to commit the crime. It was held that there was no conspiracy.
Inducement must be strong enough that the Joint or simultaneous action per se is not
person induced could not resist. indicia of conspiracy without showing of
 This is tantamount to an irresistible common design. Oscar has no rancor with the
force compelling the person induced to victim for him to kill the latter. Considering
carry out the crime. that Ernesto had great moral ascendancy and
 Ill-advised language is not enough influence over Oscar, being much older (35
unless he who made such remark or years old) than the latter, who was 18 years
advice is a co-conspirator in the crime old, and it was Ernesto who provided his
committed. allowance, clothing as well as food and
shelter,
When does a principal by induction become
liable? Ernesto is principal by inducement.
 The principal by induction becomes
liable only when the principal by direct People v. Agapinay (1990):
participation committed the act The one who uttered “kill him, we will bury
induced. him” while the felonious aggression was taking
 The inducement must precede the act place cannot be held liable as principal by
induced and must be so influential in inducement.
producing the criminal act that without
it, the act would not have been Utterance was said in the excitement of the
performed. hour, not a command to be obeyed.
What are the effects of acquittal of principal by People v. Madall (1990):

direct participation upon the liability of The son was mauled.
principal by inducement?
 Conspiracy is negated by the acquittal The family was not in good terms with their
of co-defendant. neighbors.
The father challenged everybody and when the
Illustration: neighbors approached, he went home to get a
While in the course of a quarrel, a person rifle.
shouted to A, “Kill him! Kill him!” A killed the
other person. Is the person who shouted The shouts of his wife “here comes another,
criminally liable? Is that inducement? No. The shoot him” cannot make the wife a principal by
shouting must be an irresistible force for the inducement.
90
Cooperation in the commission of the offense –

It is not the determining cause of the crime in to desire or wish in common a thing. But that
the absence of proof that the words had great common will or purpose does not necessarily
influence over the husband. mean a previous understanding, for it can be
explained or inferred from the circumstances of
Neither is the wife’s act of beaming the victim each case.
with a flashlight indispensable to the killing.
She assisted her husband in taking good aim, Collective Criminal Responsibility
but such assistance merely facilitated the This is present when the offenders are
felonious act of shooting. criminally liable in the same manner and to the
same extent. The penalty to be imposed must
Considering that it was not so dark and the be the same for all.
husband could have accomplished the deed
without his wife’s help, and considering further Principals by direct participation have
that doubts must be resolved in favor of the collective criminal responsibility. Principals by
accused, the liability of the wife is only that of induction, except those who directly forced
an accomplice. another to commit a crime, and principals by
direct participation have collective criminal
(3) By Indispensable Cooperation responsibility. Principals by indispensable
cooperation have collective criminal
Elements: responsibilities with the principals by direct
a. Participation in the criminal resolution, participation.
that is, there is either anterior
conspiracy or unity of criminal purpose Individual Criminal Responsibility
and intention immediately before the In the absence of any previous conspiracy,
commission of the crime charged; unity of criminal purpose and intention
 Requires participation in the immediately before the commission of the
criminal resolution crime, or community of criminal design, the
 There must be conspiracy criminal responsibility arising from different
 Concurrence is sufficient acts directed against one and the same person
is individual and not collective, and each of the
b. Cooperation in the commission of the participants is liable only for the act committed
offense by performing another act, by him.
without which it would have been
accomplished. The basis is the importance of the cooperation
to the consummation of the crime.
 Cooperation must be
indispensable  If the crime could hardly be committed
without such cooperation, then such
 If dispensable, accused is only an
cooperator would be a principal.
accomplice
 If the cooperation merely facilitated or
 If cooperation is necessary in the
hastened the consummation of the
execution of the offense, accused is
crime, the cooperator is merely an
considered as a principal by direct
accomplice.
participation.
91
The focus is not just on participation but on the accomplishment

importance of participation in committing the Accomplices are
crime. merely instruments
Conspirators are the who perform acts not
In case of doubt, favor the lesser penalty or authors of a crime essential to the
liability. Apply the doctrine of pro reo. perpetration of the
offense.
G.2. ACCOMPLICE
Accomplices – are persons who, not acting as Elements:
principals, cooperate in the execution of the 1. That there be community of design;
offense by previous and simultaneous acts, that is, knowing the criminal design of
which are not indispensable to the commission the principal by direct participation, he
of the crime. concurs with the latter in his purpose;
2. That he cooperates in the execution of
They act as mere instruments that perform the offense by previous or
acts not essential to the perpetration of the simultaneous acts, with the intention
offense. of supplying material or moral aid in
the execution of the crime in an
When is one regarded as an accomplice? efficacious way; and
 Determine if there is a conspiracy. 3. That there be a relation between the
 If there is, as a general rule, the acts done by the principal and those
criminal liability of all will be the same, attributed to the person charged as
because the act of one is the act of all. accomplice.
What are the other traits of an accomplice? Principal by Accomplice

 does not have previous agreement or Cooperation
understanding; or Cooperation is Cooperation is not
 is not in conspiracy with the principal indispensable to the indispensable to the
by direct participation. commission of the act commission of the act
Conspirator Accomplice
They know and agree G.3. ACCESSORIES
They know of and join Accessories – are those who (1) having
with the criminal
in the criminal design knowledge of the commission of the crime and
design
Accomplices come to (2) without having participated therein, either
Conspirators know as principals or accomplices, (3) take part
know about it after
the criminal intention subsequent to its commission in any of the
the principals have
because they manners provided by the Art. 19, RPC.
reached the decision
themselves have When accessories are not criminally liable:
and only then do they
decided upon such 1. When the felony committed is a light
agree to cooperate in
course of action felony
its execution
Conspirators decide Accomplices merely 2. When the accessory is related to the
that a crime should be assent to the plan and principal as:
committed cooperate in its a. spouse
b. ascendant, or descendant, or
92
c. brother or sister whether although the penalty is that of an

legitimate, or natural or adopted accomplice, not just an accessory, to
or the piracy or the brigandage.
d. where the accessory is a relative  Section 4 of PD 532 provides that any
by affinity within the same person who knowingly and in any
degree, manner acquires or receives property
 unless the accessory himself taken by such pirates or brigands or in
profited from the effects or any manner derives benefit therefrom,
proceeds of the crime or assisted shall be considered as an accomplice
the offender to profit therefrom. of the principal offenders in
accordance with the Rules prescribed
Note: Even if only two of the principals guilty of by the Revised Penal Code.
murder are the brothers of the accessory and  It shall be presumed that any person
the others are not related to him, such who does any acts provided in this
accessory is exempt from criminal liability. section has performed them knowingly,
unless the contrary is proven.
Instances when one becomes an accessory:  Although Republic Act 7659, in
(1) Profiting oneself or assisting the offender to amending Article 122 of the RPC,
profit by the effects of the crime: incorporated therein the crime of
piracy in Philippine territorial waters
Presidential Decree No. 1612 [Anti-Fencing and thus correspondingly superseded
Law] PD 532, section 4 of said Decree, which
 One who knowingly profits or assists punishes said acts as a crime of
the principal to profit by the effects of abetting piracy or brigandage, still
robbery or theft (i.e. a fence) is not just stands as it has not been replaced or
an accessory to the crime, but modified, and is not inconsistent with
principally liable for fencing any provision of RA 7659.
 The penalty is higher than that of a
mere accessory to the crime of robbery (3) Concealing or Destroying the Body, Effects
or theft. or Instruments of the Crime
 Mere possession of any article of value  When the crime is robbery or theft,
which has been the subject of robbery with respect to the third involvement of
or theft brings about the presumption the accessory, do not overlook the
of “fencing”. purpose which must be to prevent
 PD 1612 has, therefore, modified Art. 19 discovery of the crime.
of the RPC  The corpus delicti is not the body of the
person who is killed.
(2) Acquiring the effects of piracy or o Even if the corpse is not recovered,
brigandage: as long as that killing is
 Presidential Decree 532 [Anti-piracy established beyond reasonable
and Highway Robbery law of 1974)] doubt, criminal liability will arise.
 If the crime was piracy or brigandage o If there is someone who destroys
under PD 532, said act constitutes the the corpus delicti to prevent
crime of abetting piracy or abetting discovery, he becomes an
brigandage as the case may be, accessory.
93
as the Law Penalizing

(4) Harboring or Concealing an Offender “Obstruction of
In the fourth form or manner of becoming an Justice”)
accessory, take note that the law distinguishes No specification of the
Specifies the crimes
between: crime to be
that should be
 a Public Officer harboring, concealing or committed by the
committed in case a
assisting the principal to escape offender in order that
civilian aids in the
Requisites: criminal liability be
escape
(1) The accessory is a public officer; incurred
(2) He harbors, conceals, or assists in The offender need not
The offender is the
the escape of the principal; even be the principal
principal or must be
(3) The public officer acts with abuse or need not be
convicted of the crime
of his public functions; convicted of the crime
charged
(4) The crime committed by the charged
principal is any crime, provided it An offender of any
is not a light felony. crime is no longer an
The one who
 a Private Citizen or civilian harboring, accessory but is
harbored or
concealing or assisting the principal to simply an offender
concealed an offender
escape without regard to the
is still an accessory
Requisites: crime of the person
(1) The accessory is a private person; assisted to escape
(2) He harbors, conceals or assists in
the escape of the author of the Whether the accomplice and the accessory may
crime; be tried and convicted even before the principal
(3) The crime committed by the is found guilty
principal is either treason, There is an earlier Supreme Court ruling that
parricide, murder, or an attempt to the accessory and accomplice must be charged
take the life of the Chief Executive, together with the principal; if the latter is
or is known to be habitually guilty acquitted, the accomplice and the accessory
of some other crime. shall not be criminally liable, unless the
acquittal is based on a defense which is
personal only to the principal.
Public Officer Civilian  However, it is not always true that the
The nature of the The nature of the accomplice and the accessory cannot be
crime is immaterial crime is material criminally liable without the principal
For him to become an being first convicted.
accessory, the  Under Rule 110 of the Revised Rules on
What is material is principal must have Criminal Procedure, it is required that all
that he used his committed the crime those involved in the commission of the
public function in of treason, parricide, crime must be included in the
assisting the escape murder or attempt on information that may be filed.
the life of the Chief
Executive The liability of the accused will depend on the
quantum of evidence adduced by the
Revised Penal Code PD 1829 (Also Known prosecution against the particular accused but
94
the prosecution must initiate the proceedings means of bribery, misrepresentation,

against the principal. deceit, intimidation, force or threats;
b. Altering, destroying, suppressing or
Even if the principal is convicted, if the concealing any paper, record, document,
evidence presented against a supposed or object with intent to impair its veracity,
accomplice or accessory does not meet the authenticity, legibility, availability, or
required proof beyond reasonable doubt, then admissibility as evidence in any
said accused will be acquitted. investigation of or official proceedings in
criminal cases, or to be used in the
So the criminal liability of an accomplice or investigation of, or official proceedings in,
accessory does not depend on the criminal criminal cases;
liability of the principal but depends on the c. Harboring or concealing, or facilitating
quantum of evidence. the escape of, any persons he knows, or
has reasonable ground to believe or
But if the evidence shows that the act done suspect, has committed any offense
does not constitute a crime and the principal is under existing penal laws in order to
acquitted, then the supposed accomplice and prevent his arrest, prosecution and
accessory should also be acquitted. conviction;
d. Publicly using a fictitious name for the
If there is no crime, then there is no criminal purpose of concealing a crime, evading
liability, whether principal, accomplice or prosecution or the execution of a
accessory. judgment, or concealing his true name
and other personal circumstances for the
G.4. DECREE PENALIZING same purpose or purposes;
OBSTRUCTION OF APPREHENSION AND e. Delaying the prosecution of criminal
PROSECUTION OF CRIMINAL cases by obstructing the service of
OFFENDERS [P.D. 1829] process or court orders or disturbing
proceedings in the fiscals’ offices, in
What is imposed: Tanodbayan, or in the courts;
f. Making, presenting or using any record,
 Prision correccional in its maximum
document, paper or object with
period, or
knowledge of its falsity and with intent
 Fine ranging from PhP 1,000 – 6,000,
to affect the course or outcome of the
or
investigation of, or official proceedings in
 Both criminal cases;
Upon any person who knowingly or willfully
g. Soliciting, accepting, or agreeing to
obstructs, impedes, frustrates or delays the accept any benefit in consideration of
apprehension of suspects and the investigation
abstaining from, discontinuing, or
and prosecution of criminal cases through the
impeding the prosecution of a criminal
acts enumerated in Sec. 1
offender;
h. Threatening directly or indirectly another
1. Punishable acts with the infliction of any wrong upon his
a. Preventing witnesses from testifying in
person, honor or property or that of any
any criminal proceeding or from
immediate member or members of his
reporting the commission of any offense family in order to prevent such person
or the identity of any offender/s by
95
from appearing in the investigation of, or  The punishable acts in PD 1829,

official proceedings in, criminal cases, or compared to RPC Art. 20 are prompted
imposing a condition, whether lawful or by a detestable greed, not by affection.
unlawful, in order to prevent a person The benefits of the exception in Art. 20
from appearing in the investigation of, or do not apply to PD 1829.
in official proceedings in criminal cases;
i. Giving a false or fabricated information E. PENALTIES
to mislead or prevent the law
enforcement agencies from Penalty - the suffering that is inflicted by the
apprehending the offender or from State for the transgression of a law.
protecting the life or property of the
victim; or fabricating information from Different Juridical Conditions of Penalty:
the data gathered in confidence by 1. Must be PRODUCTIVE OF SUFFERING,
investigating authorities for purposes of without affecting the integrity of the
background information and not for human personality.
publication and publishing or 2. Must be COMMENSURATE to the offense –
disseminating the same to mislead the different crimes must be punished with
investigator or the court. different penalties.
3. Must be PERSONAL – no one should be
2. Compare with Art. 20, RPC (accessories punished for the crime of another.
exempt from criminal liability) 4. Must be LEGAL – it is the consequence of a
judgment according to law.
Ground for exemption under Art. 20 5. Must be CERTAIN – no one may escape its
The exemption provide in this article is based effects.
on the ties of blood and the preservation of the 6. Must be EQUAL for all.
cleanliness of one’s name, which compels one 7. Must be CORRECTIONAL.
to conceal crimes committed by relatives so
near as those mentioned in this article. E.1. GENERAL PRINCIPLES
An accessory is exempt from criminal liability Article 21. Penalties that may be imposed. —
when the principal is his – No felony shall be punishable by any penalty
 Spouse not prescribed by law prior to its commission.
 Ascendant
 Descendant i. Nulla poena sine lege
 Legitimate, natural or adopted brother, The Government is prohibited from imposing
sister or relative by affinity within the punishment to any person for a felony with any
same degree, penalty which has not been prescribed by the
law.
Accessory is not exempt from criminal liability REASON: An act or omission cannot be
even if the principal is related to him if he: punished by the State if at the time it was
a. Profited by the effects of the committed there was no law prohibiting it,
crime, or because a law cannot be rationally obeyed
b. Assisted the offender to profit by unless it is first shown, and a man cannot be
the effect of the crime. expected to obey an order that has not been
given.
96
there is no question that the operation of

Note: It has no application to any of the Article 71 involves the actual application of the
provisions of the RPC for the reason that for death penalty as a means of determining the
every felony defined in the Code, a penalty has extent which a person’s liberty is to be
been prescribed. deprived.
ii. Must be individual and definite Since RA 9346 unequivocally bars the
Penalties must be individual, i.e., not shared, application of the death penalty, as well as
and definite, e.g., imprisonment, fine, expressly repeals all such statutory provisions
imprisonment and fine, imprisonment or fine; requiring the application of the death penalty,
but not imprisonment and/or fine. such effect necessarily extends to its relevance
to the graduated scale of penalties under
iii. Court must impose the prescribed Article 71.
penalty, even if it is excessive.
In case of excessive penalties, the court must The court cannot find basis to conclude that
still impose the penalty but it shall recommend RA 9346 intended to retain the operative
reduction, commutation, or other actions to effects of the death penalty in the graduation
the Chief Executive. (Art. 5, RPC) of the other penalties in our penal laws.
RA 9346 expressly repealed RA 8177 or “Act Munoz cannot enjoin us to adopt such
Designating Death by Lethal Injection” and RA conclusion.
7659 or “Death Penalty Law.”
RA is not swaddled in the same restraints
RA 9346 repealed all the other laws imposing appreciated by Muñoz on Section 19(1), Article
death penalty. III.
Sec. 2 states that: “In lieu of the death penalty, The very Congress empowered by the
the following shall be imposed: Constitution to reinstate the imposition of the
a. The penalty of reclusion perpetua, death penalty once thought it best to do so,
when the law violated makes use of the through RA 7650.
nomenclature of the penalties of the
Revised Penal Code; or Within the same realm of constitutional
b. The penalty of life imprisonment, when discretion, Congress has reversed itself.
the law violated does not make use of
the nomenclature of the penalties of It must be asserted that today, the legal status
the Revised Penal Code.” of the suppression of the death penalty in the
Philippines has never been more secure than
People v. Bon (2006) at any time in our political history as a nation.
There is no material difference between
“imposition” and “application,” for both terms E.2. PURPOSES
embody the operation in law of the death
penalty. Three-fold purpose of penalty under the RPC:
1. RETRIBUTION OR EXPIATION
Since Article 71 denominates “death” as an The penalty is commensurate with the gravity
element in the graduated scale of penalties, of the offense. It permits society to exact
97
proportionate revenge, and the offender to (iv) Perpetual absolute or special

atone for his wrongs. disqualification
2. CORRECTION OR REFORMATION (v) Public censure
As shown by the rules which regulate the
execution of the penalties consisting in (2) According to subject-matter
deprivation of liberty. (a) Corporal (death)
3. SOCIAL DEFENSE (b) Deprivation of freedom (reclusion,
As shown by its inflexible severity to recidivist prision, arresto)
and habitual delinquents. (c) Restriction of freedom (destierro)
(d) Deprivation of rights (disqualification
E.3. CLASSIFICATIONS and suspension)
(e) Pecuniary (fine)
i. Major Classification
(3) According to their gravity
1. PRINCIPAL PENALTIES – those expressly (a) Capital
imposed by the court in the judgment of (b) Afflictive
conviction. (c) Correctional
2. ACCESSORY PENALTIES – those that are (d) Light
deemed included in the imposition of the
principal penalties. E.5. DURATION AND EFFECT
3. SUBSIDIARY PENALTIES – those imposed
in lieu of principal penalties, i.e., A penal law shall only have retroactive effect if
imprisonment in case of inability to pay the it favors persons guilty of felonies, who are not
fine. considered habitual criminals as defined in
Article 62. (Article 22)
Penalties that are either principal or accessory:
 Perpetual or temporary absolute E.6. PENALTIES WHICH MAY BE
disqualification IMPOSED
 Perpetual or temporary special
disqualification 1. Scale of Principal Penalties
 Suspension 2. Capital punishment: (D)
a. Death.
These may be principal or accessory penalties,
3. Afflictive penalties: (RP, RT, PAD, TAD,
because they are formed in the 2 general PSD, TSD, PM)
classes. (Asked 3 times in the Bar Exams) a. Reclusion perpetua,
b. Reclusion temporal,
ii. Other Classifications of Penalties c. Perpetual or temporary absolute
(1) According to their divisibility disqualification,
d. Perpetual or temporary special
(a) Divisible
disqualification,
(i) those that have fixed duration e. Prision mayor.
(ii) divisible into three periods 4. Correctional penalties: (PC, AM, S, Des)
(b) Indivisible a. Prision correccional,
(i) those which have no fixed duration b. Arresto mayor,
(ii) Death c. Suspension,
(iii) Reclusion perpetua d. Destierro.
5. Light penalties: (Am,Pc)
98
a. Arresto menor, c. Suspension from public office, the right to

b. Public censure. vote and be voted for, the profession or
6. Penalties common to the three preceding calling.
classes:(F, Bond) d. Civil interdiction,
i. Fine, and e. Indemnification,
ii. Bond to keep the peace. f. Forfeiture or confiscation of instruments
and proceeds of the offense,
Scale of Accessory Penalties (PAD, TAD, PSD, g. Payment of costs
TSD, S, CI, I, F, Pay)
The following table also contains
a. Perpetual or temporary absolute DISQUALIFICATION as an afflictive penalty,
disqualification, because its different forms can also be
b. Perpetual or temporary special imposed as a principal although it is primarily
disqualification, categorized as an accessory penalty.
Penalty Duration Effects Accessories

Death
Indivisible
(REPEALED)
Death, when not executed (1) PAD
due to pardon or (2) Civil interdiction
commutation 30 yrs from
(REPEALED) sentence
20 years & 1 day (1) PAD
Reclusion perpetua to 40 years (2) Civil interdiction
(Indivisible) for life
(1) Deprivation of public
office, even if by election
(2) Deprivation of right to
Perpetual absolute
For life vote & be voted for
disqualification (PAD)
(3) Disqualification from
public office held
(4) Loss of retirement rights
(1) Deprivation of office,
employment,
profession, or calling
Perpetual special
For life affected
disqualification (PSD)
(2) Disqualification from
similar offices or
employments
(1) PAD
12 years & 1 day (2) Civil interdiction
Reclusion temporal
to 20 years for duration of
sentence
Prision mayor 6 years & 1 day (1) TAD
99

to 12 years (2) PSD of suffrage
(1) Deprivation of public

office, even if by election
(2) Deprivation of right to
Temporary absolute vote & be voted for
6 years & 1 day
disqualification during sentence
to 12 years
(TAD) (3) Disqualification from
public office held during
sentence
(4) Loss of retirement rights
(1) Deprivation of office,
employment,
Temporary special profession, or calling
6 years & 1 day
disqualification affected
to 12 years
(TSD) (2) Disqualification from
similar offices or
employments
Specific Principal and Accessory Penalties the person sentenced to suffer it shall be
pardoned after undergoing the penalty for
1. AFFLICTIVE PENALTIES thirty (30) years, unless by reason of his
a. Reclusion Perpetua conduct or some other serious cause, he shall
be considered by the Chief Executive as
Duration: 20 years and 1 day to 40 years unworthy of pardon (Art. 27, Revised Penal
Accessory Penalties: Code)."
1. Civil interdiction for life or during the
period of the sentence as the case may Reclusion perpetua distinguished from life
be. imprisonment
2. Perpetual Absolute Disqualification RECLUSION
which the offender shall suffer even
LIFE IMPRISONMENT
PERPETUA
though pardoned as to the principal Imposed for serious
penalty, unless the same shall have been Prescribed under the
offenses penalized by
expressly remitted in the pardon. RPC
special laws
Does not carry with it
Carries with it
Reclusion perpetua remains an indivisible accessory penaltiesaccessory penalties
penalty despite the duration provided for it. Entails imprisonment
for at least 30 years
In imposing the penalty of reclusion perpetua, after which the
it is unnecessary for the Court to specify the Does not appear to
convict becomes
length of imprisonment. have any definite
eligible for pardon
extent or duration
although the
People v. Ramirez (2001) maximum period
Reclusion Perpetua is imprisonment for life but shall in no case
100
exceed 40 years shall have been expressly remitted in

the pardon.
2. CORRECTIONAL PENALTIES
b. Reclusion Temporal
a. Prision Correccional
Duration: 12 years and 1 day to 20 years
Accessory Penalties: Duration: 6 months and 1 day to 6 years
1. Civil interdiction for life or during the Accessory Penalties:
period of the sentence as the case may 1. Suspension from public office
be. 2. Suspension from the right to follow a
2. Perpetual Absolute Disqualification profession or calling
which the offender shall suffer even 3. Perpetual Special Disqualification for
though pardoned as to the principal the right of suffrage, if the duration of
penalty, unless the same shall have the imprisonment shall exceed 18
been expressly remitted in the pardon. months
c. Prision mayor b. Arresto Mayor
Duration: 6 years and 1 day to 12 years Duration: 1 month and 1 day to 6 months
Accessory Penalties: Accessory Penalties:
1. Temporary Absolute Disqualification 1. Suspension of right to hold office
2. Perpetual Special Disqualification from 2. Suspension of the right of suffrage
the right to suffrage which the offender during the term of the sentence.
shall suffer although pardoned as to
the principal penalty unless the same
(1) Suspension from public
office
(2) Suspension from
Prision 6 months & 1 day
profession or calling
correccional to 6 years
(3) PSD of suffrage, if the
duration of imprisonment
exceeds 18 mos.
(1) Public office
6 months & 1 day
Suspension (2) Profession or calling
to 6 years
(3) Suffrage
Prohibition to enter w/in
6 months & 1 day
Destierro 25-250 km radius from the
to 6 years
designated place
(1) Suspension of right to hold
1 month & 1 day office
rresto mayor
to 6 months (2) Suspension of the right of
suffrage
101
determined by the court in the judgment, or

3. LIGHT PENALTIES otherwise to deposit such amount in the office
a. Arresto Menor of the clerk of the court to guarantee said
Duration: 1 day to 30 days undertaking.
Accessory Penalties:
1. Suspension of right to hold office The court shall determine, according to its
2. Suspension of the right of suffrage discretion, the period of duration of the bond.
during the term of the sentence.
Should the person sentenced fail to give the
b. Public Censure bond as required he shall be detained for a
period which shall in no case exceed six months,
4. Penalties common to afflictive, correctional, if he shall have been prosecuted for a grave or
and light penalties less grave felony, and shall not exceed thirty
a. Fine days, if for a light felony
Fine is:
Afflictive if more than P6,000. 2 ways of giving Bond:
Correctional if P200 to P6,000. (1) The offender must present 2 sufficient
Light Penalty if less than P200. sureties who shall undertake that (1) the
offender will not commit the offense sought
This article merely classifies fine and has to be prevented, (2) and that in case such
offense be committed, they will pay the
nothing to do with the definition of light felony.
amount determined by the court.
(2) The offender must deposit such amount
The court can fix any amount of the fine within with the Clerk of Court to guarantee said
the limits established by law. It must consider undertaking.
(1) the mitigating and aggravating
circumstances, and more particularly, (2) the The court shall determine the period of duration
wealth or means of the culprit. of the bond.
When the law does not fix the minimum of the The offender may be detained, if he cannot give
fine, the determination of the amount of the fine the bond, for a period not to exceed 6 months if
to be imposed upon the culprit is left to the prosecuted for grave or less grave felony, or for
sound discretion of the court, provided it shall a period not to exceed 30 days, if for a light
not exceed the maximum authorized by law. felony.
Note: Fines are not divided into 3 equal portions. Bond to keep the peace is different from bail
bond which is posted for the provisional release
b. Bond to Keep the Peace of a person arrested for or accused of a crime.
Art. 35. Effects of bond to keep the peace. — Penalty Duration Accessories
It shall be the duty of any person sentenced to Suspension of
give bond to keep the peace, to present two Arresto 1 day to 30 right to hold
sufficient sureties who shall undertake that menor days office and right of
such person will not commit the offense sought suffrage
to be prevented, and that in case such offense Public
be committed they will pay the amount censure
102
exercise of the right of suffrage. The perpetual

(Penalties Common to All Three Types) or temporary special disqualification for the
PENALTY DURATION ACCESSORIES exercise of the right of suffrage shall deprive the
offender perpetually or during the term of the
Fine
sentence, according to the nature of said
Bond to As penalty, of the right to vote in any popular
keep the determined election for any public office or to be elected to
peace by the court such office. Moreover, the offender shall not be
permitted to hold any public office during the
4. ACCESSORY PENALTIES period of his disqualification.
a. Perpetual or temporary absolute
disqualification Art. 33. Effects of the penalties of suspension
from any public office, profession or calling, or
b. Perpetual or temporary special
the right of suffrage.
disqualification The suspension from public office, profession or
c. Suspension from public office, the right to calling, and the exercise of the right of suffrage
vote and be voted for, the profession or shall disqualify the offender from holding such
calling office or exercising such profession or calling or
d. Civil interdiction right of suffrage during the term of the
e. Indemnification/ Forfeiture or sentence.
confiscation of instruments and proceeds The person suspended from holding public
of the offense office shall not hold another having similar
f. Payment of costs functions during the period of his suspension.
a. Perpetual or Temporary Absolute

Disqualification Art. 34. Civil interdiction.
Civil interdiction shall deprive the offender
Effects: during the time of his sentence of the rights of
parental authority, or guardianship, either as to
1. Deprivation of any public office or the person or property of any ward, of marital
employment of offender; authority, of the right to manage his property
2. Deprivation of the right to vote in any and of the right to dispose of such property by
election or to be voted upon; any act or any conveyance inter vivos.
3. Loss of rights to retirement pay or pension
Art. 45. Confiscation and forfeiture of the
Note: Perpetual absolute disqualification is proceeds or instruments of the crime.
effective during the lifetime of the convict and Every penalty imposed for the commission of a
felony shall carry with it the forfeiture of the
even after the service of the sentence.
proceeds of the crime and the instruments or
Temporary absolute disqualification lasts tools with which it was committed. Such
during the term of the sentence except (1) proceeds and instruments or tools shall be
deprivation of the public office or employment; confiscated and forfeited in favor of the
and (2) loss of all rights to retirement pay or Government, unless they be property of a third
other pension for any office formerly held. (See person not liable for the offense, but those
Art. 30, par. 3). articles which are not subject of lawful
commerce shall be destroyed.
Art. 32. Effect of the penalties of perpetual or

temporary special disqualification for the
103
b. Perpetual or Temporary Special d. Civil Interdiction

Disqualification
Effects: Deprivation of the following rights:
Art. 31. Effect of the penalties of perpetual or 1. Parental authority
temporary special disqualification. 2. Guardianship over the ward
(1) The deprivation of the office, employment, 3. Marital authority
profession or calling affected; 4. Right to manage property and to dispose of
(2) The disqualification for holding similar
offices or employments either perpetually or the same by acts inter vivos. (Note: The
during the term of the sentence according convict can still dispose his property mortis
to the extent of such disqualification. causa).
Effects: For public office, profession or calling: Civil interdiction is an accessory penalty to the
1. Deprivation of the office, employment, following principal penalties:
profession or calling affected; 1. Death if commuted to life imprisonment;
2. Disqualification for holding similar offices or 2. Reclusion perpetua
employments during the period of 3. Reclusion temporal
disqualification.
e. Indemnification or Confiscation of
Effects: For the exercise of right to suffrage: Instruments or Proceeds of the Offense
1. Deprivation of the right to vote or to be This is included in every penalty for the
elected in an office; commission of the crime. The confiscation is in
2. Cannot hold any public office during the favor of the government.
period of disqualification. (Art. 31).
Property of a third person not liable for the
The penalty for disqualification if imposed as an offense is not subject to confiscation.
accessory penalty is imposed for PROTECTION
and NOT for the withholding of a privilege. If the trial court did not order any confiscation of
the proceeds of the crime, the government
Note: If temporary disqualification or cannot appeal from the confiscation as that
suspension is imposed as an accessory penalty, would increase the penalty already imposed.
the duration is the same as that of the principal
penalty. f. Payment of Costs
c. Suspension from Public Office, the Right to Includes:

Vote and Be Voted for, the Right to Practice 1. Fees, and
a Profession or Calling 2. Indemnities, in the course of judicial
proceedings.
Effects:
1. Disqualification from holding such office or  Costs may be fixed amounts already
the exercise of such profession or right of determined by law or regulations or
suffrage during the term of the sentence; amounts subject to a schedule.
2. Cannot hold another office having similar  If the accused is convicted; costs may be
functions during the period of suspension. charged against him.
(Art. 32).
104
 If he is acquitted, costs are de officio, Disqualification from

meaning each party bears his own holding such office or the
Suspension from
expense. exercise of such profession
Public Office, the
 No costs shall be allowed against the or right of suffrage during
Right to Vote and
Republic of the Philippines. (Rule 142, the term of the sentence;
Be Voted for, the
Sec. 1). Right to Practice a
 Whether costs should be assessed Cannot hold another office
Profession or
against the accused lie within the having similar functions
Calling
discretion of the court. during the period of
ACCESSORY suspension.
EFFECTS Deprivation of the
PENALTY
Deprivation of any public following rights:
office or employment of  Parental authority
offender;  Guardianship over the
Perpetual or ward
Civil Interdiction
Temporary Deprivation of the right to  Marital authority
Absolute vote in any election or to be  Right to manage
Disqualification voted upon; property and to dispose
of the same by acts
Loss of rights to retirement inter vivos
pay or pension Forfeiture in favor of the
Indemnification or
For public office, Government of the
Confiscation of
profession or calling: proceeds of the crime and
Instruments or
 Deprivation of the the instruments or tools
Proceeds of the
office, with which it was
Offense
employment, committed
profession or If the accused be convicted,
calling affected; the costs may be charged
 Disqualification for against him
holding similar
Payment of Costs
Perpetual or offices or If he be acquitted, costs are
Temporary employments de officio, i.e., each party
Special during the period will bear his/her own
Disqualification of disqualification; expense
For the exercise of right to
suffrage: Measures not considered penalty
 Deprivation of the (1) Preventive detention
right to vote or to (2) Detention for medical causes
be elected in an (3) Rehabilitation of minors
office; (4) Preventive suspension from public office
 Cannot hold any (5) Administrative fines and penalties
public office during (6) Civil law deprivation of rights and
the period of reparations (Article 24)
disqualification
105
These are not penalties because they are not 1. Temporary absolute disqualification
imposed as a result of judicial proceedings. 2. Temporary special disqualification
3. Suspension
Notes:
Those mentioned in par. 3 and 4 are merely Rules in cases of temporary penalties:
preventive measures before conviction of If offender is under detention, as when he is
offenders. undergoing preventive imprisonment, Rule No.
1 applies.
The commitment of a minor mentioned in par. 2 If not under detention, because the offender has
is not a penalty because it is not imposed by the been released on bail, Rule No. 3 applies.
court in a judgment of conviction. The
imposition of the sentence in such case is Examples of penalties consisting in deprivation
suspended. of liberty:
1. Imprisonment
Examples of deprivation of rights established in 2. Destierro
penal form:
Rules in cases of deprivation of liberty:
Art. 229, Family Code. Unless subsequently When the offender is not in prison, Rule No. 2
revived by a final judgment, parental authority applies.
also terminates: xxx If the offender is undergoing preventive
(3) Upon judicial declaration of abandonment of imprisonment, Rule No. 3 applies but the
the child in a case filed for the purpose;
offender is entitled to a deduction of full time or
(4) Upon final judgment of a competent court
divesting the party concerned of parental 4/5 of the time of his detention.
authority; xxx
Art. 29. Period of preventive imprisonment
E.7. COMPUTATION OF PENALTIES deducted from term of imprisonment
Offenders who have undergone preventive
imprisonment shall be credited in the service of
Rules on the computation of penalties (Article
their sentence consisting of deprivation of
28): liberty, with the full time during which they have
1. When the offender is in prison– the undergone preventive imprisonment, if the
duration of temporary penalties is from detention prisoner agrees voluntarily in writing
the day on which the judgment of to abide by the same disciplinary rules imposed
conviction becomes final. upon convicted prisoners, except in the
2. When the offender is not in prison– the following cases:
duration of penalty consisting in a. When they are recidivists or have been
deprivation of liberty, is from the day convicted previously twice or more times of
that the offender is placed at the any crime; and
disposal of judicial authorities for the b. When upon being summoned for the
enforcement of the penalty. execution of their sentence they have failed
3. The duration of other penalties – the to surrender voluntarily.
duration is from the day on which the
If the detention prisoner does not agree to abide
offender commences to serve his by the same disciplinary rules imposed upon
sentence. convicted prisoners, he shall be credited in the
service of his sentence with four-fifths of the
Examples of temporary penalties: time during which he has undergone preventive
106
imprisonment. (As amended by Republic Act Whenever it is believed that the penalty lower
6127, June 17, 1970). by one or two degrees corresponding to said
acts of execution is not in proportion to the
Whenever an accused has undergone preventive wrong done, the law fixes a distinct penalty for
imprisonment for a period equal to or more
than the possible maximum imprisonment of the principal in frustrated or attempted felony.
the offense charged to which he may be
sentenced and his case is not yet terminated, he There are two ways to graduate penalties:
shall be released immediately without prejudice 1. By Degrees, which is affected by the
to the continuation of the trial thereof or the following factors:
proceeding on appeal, if the same is under a. Stage of Execution (consummated,
review.
frustrated, or attempted)
In case the maximum penalty to which the b. Extent of Participation (principal,
accused may be sentenced is destierro, he shall accomplice, or accessory)
be released after thirty (30) days of preventive c. Privileged mitigating
imprisonment. (As amended by E.O. No. 214, circumstances
July 10, 1988). d. Qualifying circumstances
e. Indeterminate Sentence Law
(minimum, which is within the
The accused undergoes preventive range of the penalty 1° lower than
imprisonment when the offense charged is the penalty prescribed by the RPC)
nonbailable, or even if bailable, he cannot
furnish the required bail. 2. By Periods (for divisible penalties, i.e.,
The convict is to be released immediately if the penalties with minimum, medium, and
penalty imposed after trial is less than the full maximum periods), which is affected by
time or four-fifths of the time of the preventive the attendant ordinary
imprisonment. mitigating/aggravating circumstances
The accused shall be released immediately
whenever he has undergone preventive ii. Principals, Accomplices and Accessories
imprisonment for a period equal to or more
in Consummated, Frustrated and
than the possible maximum imprisonment for
Attempted Felonies.
the offense charged.
Art. 46. Penalty to be imposed upon principals

E.8. APPLICATION in general.
The penalty prescribed by law for the
i. How to determine penalty to be imposed commission of a felony shall be imposed upon
the principals in the commission of such felony.
General rule: The penalty prescribed by law in
general terms shall be imposed upon the Whenever the law prescribes a penalty for a
felony in general terms, it shall be understood
principals for consummated felony. as applicable to the consummated felony.
Exception: The exception is when the penalty to

be imposed upon the principal in frustrated or
attempted felony is fixed by law.
107
PERIOD - one of the three equal portions called
CONSUMMATED
the minimum, medium and maximum of a
FRUSTRATED
DIAGRAM OF THE APPLICATION divisible penalty.
ATTEMPTED
OF ARTS. 50-57:
Penalty imposed upon an accomplice

General rule: An accomplice is punished by a
PRINCIPALS 0 1° 2° penalty one degree lower than the penalty
ACCOMPLICES 1° 2° 3° imposed upon the principal.
ACCESSORIES 2° 3° 4° Exceptions:
 The ascendants, guardians, curators,
“0” represents the penalty prescribed by law in teachers and any person who, by abuse
defining a crime, which is to be imposed on the of authority or confidential relationship,
PRINCIPAL in a CONSUMMATED OFFENSE, in shall cooperate as accomplices in the
accordance with the provisions of Art. 46. crimes of rape, acts of lasciviousness,
seduction, corruption of minors, white
The other figures represent the degrees to slave trade or abduction. (Art. 346)
which the penalty must be lowered, to meet the  One who furnished the place for the
different situations anticipated by law. perpetration of the crime of slight illegal
detention. (Art. 268)
Exceptions: Arts. 50 to 57 shall not apply to 
cases where the law expressly prescribes the Penalty imposed upon an accessory
penalty for frustrated or attempted felony, or to GENERAL RULE: An accessory is punished by a
be imposed upon accomplices or accessories. penalty two degrees lower than the penalty
(Art. 60). imposed upon the principal.
DEGREE - one entire penalty, one whole penalty EXCEPTIONS:

or one unit of the penalties enumerated in the
 When accessory is punished as principal –
graduated scales provided for in Art. 71.
knowingly concealing certain evil practices
is ordinarily an act of the accessory, but in
Each of the penalties of reclusion perpetua,
Art. 142, such act is punished as the act of
reclusion temporal, prision mayor, etc.,
the principal.
enumerated in the graduated scales of Art. 71 is
 When accessories are punished with a
a degree.
penalty one degree lower:
o Knowingly using counterfeited seal or
When there is a mitigating or aggravating
forged signature or stamp of the
circumstance, the penalty is lowered or
President (Art. 162).
increased by PERIOD only,
o Illegal possession and use of a false
treasury or bank note (Art. 168).
Except when the penalty is divisible and there
o Using falsified document (Art. 173 par.3)
are two or more mitigating and without
o Using falsified dispatch (Art. 173 par. 2)
aggravating circumstances, in which case the
penalty is lowered by degree.
108
Art. 61. Rules for graduating penalties. frustrated felony, or of attempt to

For the purpose of graduating the penalties commit the same, and upon
which, according to the provisions of Articles 50 accomplices and accessories.
to 57, inclusive, of this Code, are to be imposed
upon persons guilty as principals of any This article provides for the rules to be observed
frustrated or attempted felony, or as in lowering the penalty by one or two degrees:
accomplices or accessories, the following rules
(1) For the principal in frustrated felony 
shall be observed:
one degree lower;
(1) When the penalty prescribed for the
(2) For the principal in attempted felony 
felony is single and indivisible, the
two degrees lower;
penalty next lower in degrees shall be
(3) For the accomplice in consummated
that immediately following that
felony  one degree lower; and
indivisible penalty in the respective
(4) For the accessory in consummated
graduated scale prescribed in Article 71
felony  two degrees lower.
of this Code.
crime is composed of two indivisible The rules provided for in Art. 61 should also
penalties, or of one or more divisible apply in determining the MINIMUM of the
penalties to be impose to their full indeterminate penalty under the Indeterminate
extent, the penalty next lower in degree Sentence Law.
shall be that immediately following the
lesser of the penalties prescribed in the The MINIMUM of the indeterminate penalty is
respective graduated scale.
within the range of the penalty next lower than
crime is composed of one or two that prescribed by the RPC for the offense.
indivisible penalties and the maximum
period of another divisible penalty, the Those rules also apply in lowering the penalty
penalty next lower in degree shall be by one or two degrees by reason of the presence
composed of the medium and minimum of privileged mitigating circumstance (Arts. 68
periods of the proper divisible penalty and 69),
and the maximum periods of the proper
divisible penalty and the maximum
period of that immediately following in or when the penalty is divisible and there are
said respective graduated scale. two or more mitigating circumstances (generic)
(4) When the penalty prescribed for the and no aggravating circumstance (Art. 64).
crime is composed of several periods,
corresponding to different divisible The lower penalty shall be taken from the
penalties, the penalty next lower in
graduated scale in Art. 71.
degree shall be composed of the period
immediately following the minimum
prescribed and of the two next The INDIVISIBLE PENALTIES are:
following, which shall be taken from the (1) death
penalty prescribed, if possible; (2) reclusion perpetua
otherwise from the penalty immediately (3) public censure
following in the above mentioned
respective graduated scale.
The DIVISIBLE PENALTIES are:
(5) When the law prescribes a penalty for a
crime in some manner not especially (1) reclusion temporal
provided for in the four preceding rules, (2) prision mayor
the courts, proceeding by analogy, shall (3) prision correccional
impose corresponding penalties upon (4) arresto mayor
those guilty as principals of the (5) destierro
109
(6) arresto menor Prision frustrated murder

Mayor Medium
The divisible penalties are divided into three Minimum
periods: MINIMUM, MEDIUM AND THE
MAXIMUM THIRD RULE (b): When the penalty is composed
of one indivisible penalty and the maximum
FIRST RULE: When the penalty is single and period of a divisible penalty.
indivisible. Ex. Reclusion temporal in its MAXIMUM period
Ex. reclusion perpetua to Reclusion perpetua
The penalty immediately following it is The same rule shall be observed in lowering the
reclusion temporal. Thus, reclusion temporal is penalty by one or two degrees.
the penalty next lower in degree.
FOURTH RULE: When the penalty is composed
SECOND RULE (a): When the penalty is of several periods.
composed of two indivisible penalties Ex. Prision Mayor in its MEDIUM period to
Ex. reclusion perpetua to death Reclusion temporal in its MINIMUM period.
The penalty immediately following the lesser of This rule contemplates a penalty composed of
the penalties, which is reclusion perpetua, is at least 3 periods. The several periods must
reclusion temporal. correspond to different divisible penalties.
SECOND RULE (b): When the penalty is Maximum

composed of one or more divisible penalties to Reclusion
Medium
be imposed to their full extent temporal
Minimum Penalty for the
Ex. prision correccional to prision mayor Maximum principal in the
The penalty immediately following the lesser of Prision consummated
the penalties of prision correccional to prision Medium
Mayor felony
mayor is arresto mayor. Minimum Penalty for the
Maximum accomplice; or
THIRD RULE (a): When the penalty is composed Prision principal in
of two indivisible penalties and the maximum Medium
Correccional frustrated felony
period of a divisible penalty Minimum
Ex. reclusion temporal in its MAXIMUM period
to death FIFTH RULE (a): When the penalty has two
The MEDIUM and MINIMUM period of the periods
divisible penalty and the MAXIMUM of that Ex. Prision correccional in its MINIMUM and
immediately following penalty is the penalty MEDIUM periods
next lower in degree.
Maximum
Death Penalty for the Prision Medium The penalty
Reclusion principal in correccional prescribed for the
Perpetua consummated Minimum
felony
Maximum murder Maximum
Reclusion Medium Penalty for Arresto The penalty next
Temporal Minimum accomplice; or for Medium
Mayor lower
Maximum principal in Minimum
110
(4) The same rule shall apply with respect to

FIFTH RULE (b): When the penalty has one any aggravating circumstance inherent in
period. the crime to such a degree that it must of
Ex. Prision Mayor in its MAXIMUM period necessity accompany the commission
thereof.
If the penalty is any one of the three periods of a (5) Aggravating or mitigating circumstances
divisible penalty, the penalty next lower in which arise from the moral attributes of the
degree shall be that period next following the offender, or from his private relations with
given penalty. the offended party, or from any other
The penalty immediately inferior is prision personal cause, shall only serve to
mayor in its MEDIUM period. aggravate or mitigate the liability of the
principals, accomplices and accessories as
to whom such circumstances are attendant.
SIMPLIFIED RULES: (6) The circumstances which consist in the
material execution of the act, or in the
The rules prescribed in pars. 4 and 5 of Art. 61 means employed to accomplish it, shall
may be simplified as follows: serve to aggravate or mitigate the liability of
(1) If the penalty prescribed by the Code those persons only who had knowledge of
consists in 3 periods, corresponding to them at the time of the execution of the act
or their cooperation therein.
different divisible penalties, the penalty
(7) Habitual delinquency shall have the
next lower in degree is the penalty following effects:
consisting in the 3 periods down in the scale. a. Upon a third conviction the culprit
(2) If the penalty prescribed by the Code shall be sentenced to the penalty
consists in 2 periods, the penalty next lower provided by law for the last crime of
in degree is the penalty consisting in 2 which he be found guilty and to the
periods down in the scale. additional penalty of prision
correccional in its medium and
(3) If the penalty prescribed by the Code maximum periods;
consists in only 1 period, the penalty next b. Upon a fourth conviction, the culprit
lower in degree is the next period down in shall be sentenced to the penalty
the scale. provided for the last crime of which he
be found guilty and to the additional
iii. Effects of Mitigating and Aggravating penalty of prision mayor in its
minimum and medium periods; and
Circumstances c. Upon a fifth or additional conviction,
the culprit shall be sentenced to the
Art. 62. Effect of the attendance of mitigating or penalty provided for the last crime of
aggravating circumstances and of habitual which he be found guilty and to the
delinquency. additional penalty of prision mayor in
Mitigating or aggravating circumstances and its maximum period to reclusion
habitual delinquency shall be taken into temporal in its minimum period
account for the purpose of diminishing or (8) Notwithstanding the provisions of this
increasing the penalty in conformity with the article, the total of the two penalties to be
following rules: imposed upon the offender, in conformity
(3) Aggravating circumstances which in herewith, shall in no case exceed 30 years.
themselves constitute a crime specially (9) For the purpose of this article, a person
punishable by law or which are included by shall be deemed to be habitual delinquent,
the law in defining a crime and prescribing if within a period of ten years from the date
the penalty therefor shall not be taken into of his release or last conviction of the crimes
account for the purpose of increasing the of serious or less serious physical injuries,
penalty. robo, hurto, estafa or falsification, he is
111
found guilty of any of said crimes a third

time or oftener. The law does not apply to crimes described in
Art. 155.
Aggravating circumstances which are not
considered for the purpose of increasing the The imposition of the additional penalty on
penalty: habitual delinquents are CONSTITUTIONAL
(1) Those that constitute a separate crime because such law is neither an EX POST FACTO
punishable by law. LAW nor an additional punishment for future
(2) Those that are inherent in the crime
crimes. It is simply a punishment on future
committed:
(3) Included by law in defining the crime crimes on account of the criminal propensities
(4) Inherent in the crime but of necessity of the accused.
they accompany the commission thereof
The imposition of such additional penalties is
Aggravating or mitigating circumstances that mandatory and is not discretionary.
serve to aggravate or mitigate the liability of the
offender to whom such are attendant. These are Habitual delinquency applies at any stage of the
those arising from: execution because subjectively, the offender
(1) Moral attributes of the offender reveals the same degree of depravity or
(2) His private relations with the offended perversity as the one who commits a
party consummated crime.
(3) Any other personal cause
(4) Aggravating or mitigating It applies to all participants because it reveals
circumstances that affect the offenders persistence in them of the inclination to
only who had knowledge of them at the wrongdoing and of the perversity of character
time of the execution of the act or their that led them to commit the previous crime.
cooperation therein.
Cases where attending aggravating or
What are the legal effects of habitual mitigating circumstances are not considered in
delinquency? the imposition of penalties
Third conviction. The culprit is sentenced to the 1) Penalty that is single and indivisible
penalty for the crime committed and to the 2) Felonies through negligence
additional penalty of prision correccional in its 3) When the penalty is a fine
medium and maximum period.
4) When the penalty is prescribed by a
Fourth conviction. The penalty is that provided
special law.
by law for the last crime and the additional
penalty of prision mayor in its minimum and
Art. 63. Rules for the application of indivisible
medium periods. penalties.
Fifth or additional conviction. The penalty is that In all cases in which the law prescribes a single
provided by law for the last crime and the indivisible penalty, it shall be applied by the
additional penalty of prision mayor in its courts regardless of any mitigating or
maximum period to reclusion temporal in its aggravating circumstances that may have
minimum period. attended the commission of the deed.
In all cases in which the law prescribes a

Notes: penalty composed of two indivisible penalties,
In no case shall the total of the 2 penalties the following rules shall be observed in the
imposed upon the offender exceed 30 years. application thereof:
1. When in the commission of the
112
deed there is present only one aggravating The penalty shall be applied regardless of the
circumstance, the greater penalty shall be presence of mitigating or aggravating
applied. circumstances.
2. When there are neither Ex. reclusion perpetua or death
mitigating nor aggravating circumstances in the
commission of the deed, the lesser penalty shall
be applied. 2) Penalty is composed of 2 indivisible penalties
3. When the commission of the act a) One aggravating circumstance present:
is attended by some mitigating circumstances HIGHER penalty
and there is no aggravating circumstance, the b) No mitigating circumstances present:
lesser penalty shall be applied. LESSER penalty
4. When both mitigating and c) Some mitigating circumstances present
aggravating circumstances attended the and no aggravating: LESSER penalty
commission of the act, the court shall d) Mitigating and aggravating
reasonably allow them to offset one another in circumstances offset each other
consideration of their number and importance, a. Basis of penalty: number and
for the purpose of applying the penalty in importance.
accordance with the preceding rules, according
to the result of such compensation. Rules for the application of DIVISIBLE
PENALTIES (Article 64)
Rules for the application of indivisible penalties: 1. No aggravating and No mitigating: MEDIUM
PERIOD
1) Penalty is single and indivisible 2. One mitigating: MINIMUM PERIOD
3. One aggravating: (but regardless of the Where the Penalty Is Not Composed of 3 Periods
number of aggravating circumstances, the (Article 65)
courts cannot exceed the penalty provided by a. Compute and determine first the
law in its maximum period): MAXIMUM 3 periods of the entire penalty.
PERIOD b. The time included in the penalty
4. Mitigating and aggravating circumstances prescribed should be divided into
present: 3 equal portions, after
to offset each other according to relative weight subtracting the minimum
5. Two or more mitigating and no aggravating: (eliminate the 1 day) from the
one degree lower (has the effect of a privileged maximum of the penalty.
mitigating circumstance) c. The minimum of the minimum
period should be the minimum of
NOTE: Art. 64 does not apply to: the given penalty (including the 1
1) indivisible penalties day).
2) penalties prescribed by special laws d. The quotient should be added to
3) fines the minimum prescribed
4) crimes committed by negligence (eliminate the 1 day) and the
total will represent the maxium
of the minimum period.
 Take the maximum of the the quotient to the
minimum period, add 1 day minimum (eliminate the 1
and make it the minimum day) of the medium period
of medium period; then add and the total will represent
113
the maximum of the medium period.

 Take the maximum of the Penalty to be imposed if the requisites of
medium period, add 1 day accident (Art. 12 par 4) are not all present
and make it the minimum (Article 67):
of the maximum period; GRAVE FELONY: arresto mayor maximum
then add the quotient to period to prision correccional minimum period
the minimum (eliminate the LESS GRAVE FELONY: arresto mayor minimum
1 day) of the maximum period and medium period
period and the total will
represent the maximum of Penalty to be imposed when the crime
the maximum period. committed is not wholly excusable (Article 69):
One or two degrees lowe , if the majority of the
conditions for justification
or exemption in the cases provided in Arts. 11 the document she had submitted to show that
and 12 are present. the money donated by PAGCOR was used and
spent for lighting materials for her barangay.
People v. Lacanilao (1988): Held:
Incomplete fulfillment of duty is a privileged Under Article 48 of the Revised Penal Code, a
mitigating circumstance which not only cannot complex crime refers to:
be offset by aggravating circumstances but also 1) the commission of at least two grave or
reduces the penalty by one or two degrees than less grave felonies that must both (or
that prescribed by law. The governing provision all) be the result of a single act, or
is Art. 69 of the RPC. 2) one offense must be a necessary means
for committing the other (or others).
Special rules for certain situations
Using the above guidelines, the acts cannot
1. Complex Crimes constitute a complex crime.
Art. 48. Penalty for complex crimes. — When a Specifically, the alleged actions showing
single act constitutes two or more grave or less falsification of a public and/or a commercial
grave felonies, or when an offense is a document were not necessary to commit estafa.
necessary means for committing the other, the
penalty for the most serious crime shall be
Neither were the two crimes the result of a
imposed, the same to be applied in its
maximum period. single act.
The rule for complex crimes is to impose the People v. Gonzalez (Supra)
penalty for the most serious offense in its Held:
MAXIMUM period. The rules on the imposition of penalties for
complex crimes under Art. 48 of the Revised
Penal Code are not applicable in this case.
Monteverde v. People (2002)
Monteverde was purportedly charged with the Art. 48 applies if a single act constitutes two or
complex crime of estafa through falsification of more grave and less grave felonies or when an
a commercial document for allegedly falsifying offense is a necessary means of committing
114
another; in such a case, the penalty for the People v. Velasquez (2000)
most serious offense shall be imposed in its Velasquez, poked a toy gun and forced Karen to
maximum period. go with her at his grandmother’s house.
Considering that the offenses committed by the Out of fear and not knowing that the gun that
act of the appellant of firing a single shot are: Velasquez was holding is a mere toy, Karen
one count of homicide, a grave felony, and two went with Velasquez.
counts of slight physical injuries, a light felony,
the rules on the imposition of penalties for Velasquez then raped Karen twice.
complex crimes, which requires two or more
grave and/or less grave felonies, will not apply. The trial court convicted Velasquez of two
counts of rape.
People v. Comadre (2004):
The single act by appellant of detonating a Held:
hand grenade may quantitatively constitute a Considering that Velasquez forcibly abducted
cluster of several separate and distinct offenses, Karen and then raped her twice, he should be
yet these component criminal offenses should convicted of the complex crime of forcible
be considered only as a single crime in law on abduction with rape and simple rape.
which a single penalty is imposed because the
offender was impelled by a “single criminal The penalty for complex crimes is the penalty
impulse” which shows his lesser degree of for the most serious crime which shall be
perversity. imposed in its maximum period.
People v. Delos Santos (2001) Rape is the more serious of the two crimes and
Held: is punishable with reclusion perpetua under
Considering that the incident was not a product Article 266-A of the Revised Penal Code and
of a malicious intent but rather the result of a since reclusion perpetua is a single indivisible
single act of reckless driving, Glenn should be penalty, it shall be imposed as it is.
held guilty of the complex crime of reckless
imprudence resulting in multiple homicide with The subsequent rape committed by Velasquez
serious physical injuries and less serious can no longer be considered as a separate
physical injuries. complex crime of forcible abduction with rape
but only as a separate act of rape punishable by
The slight physical injuries caused by Glenn to reclusion perpetua.
the ten other victims through reckless
imprudence, would, had they been intentional, 2. Crimes Different from That Intended
have constituted light felonies.
Art. 49. Penalty to be imposed upon the
Being light felonies, which are not covered by principals when the crime committed is
Article 48, they should be treated and punished different from that intended. — In cases in
which the felony committed is different from
as separate offenses.
that which the offender intended to commit, the
following rules shall be observed:
Separate informations should have, therefore,
been filed. 1. If the penalty prescribed for the felony
committed be higher than that corresponding
115
to the offense which the accused intended to and the degree of criminality shown by the
commit, the penalty corresponding to the latter offender, shall impose upon him the penalty of
shall be imposed in its maximum period. arresto mayor or a fine from 200 to 500 pesos.
2. If the penalty prescribed for the felony Depending upon the social danger and the
committed be lower than that corresponding to degree of criminality shown by the offender, the
the one which the accused intended to commit, penalty for impossible crimes is arresto mayor
the penalty for the former shall be imposed in or fine of P200-P500.
its maximum period.
3. The rule established by the next preceding 4. Plural Crimes (supra)

paragraph shall not be applicable if the acts
committed by the guilty person shall also
Additional Penalty for Certain Accessories
constitute an attempt or frustration of another
crime, if the law prescribes a higher penalty for
either of the latter offenses, in which case the Art. 58. Additional penalty to be imposed upon
penalty provided for the attempted or the certain accessories.
frustrated crime shall be imposed in its Those accessories falling within the terms of
maximum period. paragraphs 3 of Article 19 of this Code who
should act with abuse of their public functions,
shall suffer the additional penalty of absolute
Either the crime committed be more grave than perpetual disqualification if the principal
offender shall be guilty of a grave felony, and
the crime intended or the crime intended be
that of absolute temporary disqualification if he
more grave than the crime committed, the shall be guilty of a less grave felony.
penalty to be imposed should be the penalty for
the lesser felony in its MAXIMUM period. Absolute perpetual disqualification if the
principal offender is guilty of a grave felony.
Except: if the lesser felony constitutes an
attempt or frustration of another felony. Absolute temporary disqualification if the
principal offender is guilty of a less grave felony.
Example: If the crime intended was homicide,
but the crime committed was parricide, the 5. Where the Offender Is Below 18 Years
penalty to be imposed is the penalty for
homicide in its MAXIMUM period. Art. 68. Penalty to be imposed upon a person
under eighteen years of age.
3. Impossible Crimes When the offender is a minor under eighteen
years and his case is one coming under the
Art. 59. Penalty to be imposed in case of failure provisions of the paragraphs next to the last of
to commit the crime because the means Article 80 of this Code, the following rules shall
employed or the aims sought are impossible. — be observed:
When the person intending to commit an
offense has already performed the acts for the 1) Upon a person under fifteen but over
execution of the same but nevertheless the nine years of age, who is not exempted
crime was not produced by reason of the fact from liability by reason of the court
that the act intended was by its nature one of having declared that he acted with
impossible accomplishment or because the discernment, a discretionary penalty
means employed by such person are essentially shall be imposed, but always lower by
inadequate to produce the result desired by two degrees at least than that
him, the court, having in mind the social danger prescribed by law for the crime which he
committed.
116
the penalty being divisible, a minor over 15 but

2) Upon a person over fifteen and under under 18 years old may still get a penalty two
eighteen years of age the penalty next degrees lower.
lower than that prescribed by law shall
be imposed, but always in the proper
period. Art. 68 provides for two of the PRIVILEGED
MITIGATING CIRCUMSTANCES.
PD No. 603. ART. 192. Suspension of Sentence
and Commitment of Youthful Offender. Indeterminate Sentence Law (RA 4103, as
If after hearing the evidence in the proper amended)
proceedings, the court should find that the
youthful offender has committed the acts The Indeterminate Sentence is composed of:
charged against him the court shall determine 1. A MAXIMUM taken from the penalty
the imposable penalty, including any civil
imposable under the penal code
liability chargeable against him. However,
instead of pronouncing judgment of conviction, (considering attendant circumstances)
the court shall suspend all further proceedings 2. A MINIMUM taken from the penalty next
and shall commit such minor to the custody or lower to that fixed in the code.
care of the Department of Social Welfare, or to
any training institution until he shall have It is indeterminate in the sense that after
reached twenty-one years of age or, for a serving the minimum, the convict may be
shorter period as the court may deem proper,
after considering the reports and released on parole, or if he is not fitted for
recommendations of the Department of Social release, he shall continue serving his sentence
Welfare or the agency or responsible individual until the end of the maximum. 1
under whose care he has been committed.
Purpose of the law: To uplift and redeem
The youthful offender shall be subject to valuable human material and prevent
visitation and supervision by a representative of
unnecessary and excessive deprivation of liberty
the Department of Social Welfare or any duly
licensed agency or such other officer as the and economic usefulness.
court may designate subject to such conditions It is necessary to consider the criminal first as
as it may prescribe. an individual, and second as a member of the
society.
The law is intended to favor the defendant,
Art. 68 applies to such minor if his application particularly to shorten his term of imprisonment,
for suspension of sentence is disapproved or if depending upon his behavior and his physical,
while in the reformatory institution he becomes mental and moral record as a prisoner, to be
incorrigible in which case he shall be returned determined by the Board of Indeterminate
to the court for the imposition of the proper Sentence.
penalty.
The settled practice is to give the accused the
If 9 to 15 years only with discernment: at least 2 benefit of the law even in crimes punishable
degrees lower. with death or life imprisonment provided the
resulting penalty, after considering the
If 15 to 18 years old: penalty next lower
Except if the act is attended by two or more 1Revisiting ISLAW by Atty. Harold Huliganga.
mitigating and no aggravating circumstance, http://ca.judiciary.gov.ph/index.php?action=mnuactual_contents&
ap=j90210&p=y
117
attending circumstances, is reclusion temporal ISL: Coverage

or less.
The law does not apply to certain offenders:
ISL: Application on the imposed sentence 1. Those convicted of offenses punished with
death penalty or life imprisonment
If the crime is punishable by a special law 2. Those convicted of treason, conspiracy or
proposal to commit treason
If the crime is a violation of a special law, ISL 3. Those convicted of misprision of treason,
merely requires that the maximum term thereof rebellion, sedition or espionage
shall not exceed the maximum fixed by the 4. Those convicted of piracy
special law while the minimum shall not be less 5. Those who are habitual delinquents (but
than the minimum prescribed therein. applies to recidivists)
However, where the penalty in the special law 6. Those who shall have escaped from
adopts the technical nomenclature and confinement or evaded service of sentence
signification of the penalties under the Revised 7. Those who violated the terms of conditional
Penal Code (RPC), such as “prision mayor”, pardon granted to them by the Chief
“prision correccional maximum”, etc., the Executive
ascertainment of the indeterminate sentence 8. Those whose maximum term of
will be based on the rule intended for those imprisonment does not exceed one year
crimes punishable under the RPC.* 9. Those who, upon the approval of the law,
had been sentenced by final judgment
If the crime is punishable by the Revised Penal 10. Those sentenced to the penalty of destierro
Code or suspension
1. The maximum is determined in accordance On No. 6: A minor who escaped from

with the rules and provisions of the RPC confinement in the reformatory is entitled to the
exactly as if the ISL had never been enacted. benefits of the ISL because his confinement is
not considered imprisonment.
Factors to be considered:
a. Penalty imposed for the crime Inapplicability to offenses punished by reclusion
b. Extent of participation of the accused pepetua
(principal, accomplice, accessory) People v. Aquino (1998)
c. Stage of execution (consummated, frustrated, Persons convicted of offenses punishablewith
attempted) reclusion perpetua cannot avail of the benefits
d. Attendance of mitigating or aggravating of the Indeterminate Sentence Law.
circumstances
e. Entitlement of accused to a privileged People v. Saley (supra)
mitigating circumstance Under the Indeterminate Sentence Law,
a) the maximum term of the penalty shall
2. The minimum depends upon the court’s be "that which, in view of the attending
discretion with the limitation that it must circumstances, could be properly
be within the range of the penalty next imposed" under the Revised Penal
lower in degree to that prescribed by the Code,
Code for the offense committed. b) and the minimum shall be "within the
range of the penalty next lower to that
118
prescribed" for the offense. People v. Campuhan (supra):

The penalty for attempted rape is two (2)
The penalty next lower should be based on the degrees lower than the imposable penalty of
penalty prescribed by the Code for the offense, death for the offense charged, which is statutory
rape of a minor below seven (7) years.
without first considering any modifying
circumstance attendant to the commission of Two (2) degrees lower is reclusion temporal, the
the crime. range of which is twelve (12) years and one (1)
day to twenty (20) years.
The determination of the minimum penalty is
left by law to the sound discretion of the court Applying the Indeterminate Sentence Law, and
in the absence of any mitigating or aggravating
and it can be anywhere within the range of the
circumstance, the maximum of the penalty to
penalty next lower without any reference to the be imposed upon the accused shall be taken
periods into which it might be subdivided. from the medium period of reclusion temporal,
the range of which is fourteen (14) years, eight
The modifying circumstances are considered (8) months and (1) day to seventeen (17) years
only in the imposition of the maximum term of and four (4) months,
the indeterminate sentence. while the minimum shall be taken from the
penalty next lower in degree, which is prision
mayor, the range of which is from six (6) years
The fact that the amounts involved in the and one (1) day to twelve (12) years, in any of its
instant case exceed P22,000.00 should not be periods.
considered in the initial determination of the
indeterminate penalty; ISL: Conditions of parole
instead, the matter should be so taken as Section 6: Duty of the prisoner released under
analogous to modifying circumstances in the this Code: Report personally to such
imposition of the maximum term of the full government officials or other parole officers
indeterminate sentence. appointed by the Board for a period of
surveillance equivalent to the remaining portion
of the maximum sentence imposed upon him or
This interpretation of the law accords with the until final release by the Board. If it is shown
rule that penal laws should be construed in that he is a law-abiding citizen and did not
favor of the accused. Since the penalty violate any laws of the country, the Board may
prescribed by law for the estafa charge against issue a final certificate of release which will
accused-appellant is prision correccional entitle him to final release and discharge.
maximum to prision mayor minimum, the
penalty next lower would then be prision Section 8: Violations of the conditions of the
parole: If he/she violates any of the conditions
correccional minimum to medium. Thus, the
of the parole, the Board may issue his warrant
minimum term of the indeterminate sentence of arrest. If captured/arrested, he shall serve
should be anywhere within six (6) months and the remaining unexpired portion of the
one (1) day to four (4) years and two (2) months. maximum sentence for which he was originally
committed unless a new parole was granted.
119
Three-fold Rule In applying the provisions of this rule the

duration of perpetual penalties shall be
Art. 70. Successive service of sentence. computed at thirty years. (As amended).
When the culprit has to serve two or more
penalties, he shall serve them simultaneously if Outline of the provisions of this Article:
the nature of the penalties will so permit 1. When the culprit has to serve 2 or more
otherwise, the following rules shall be observed:
penalties, he shall serve them
In the imposition of the penalties, the order of simultaneously if the nature of the
their respective severity shall be followed so penalties will so permit.
that they may be executed successively or as 2. Otherwise, the order of their respective
nearly as may be possible, should a pardon severity shall be followed.
have been granted as to the penalty or
penalties first imposed, or should they have
In the Matter of the petition for Habeas Corpus
been served out.
of Pete Lagran (2001)
The accused was convicted of 3 counts of
For the purpose of applying the provisions of
violating BP22 and was sentenced to
the next preceding paragraph the respective
imprisonment of 1 year for each count. He was
severity of the penalties shall be determined in
detained on Feb. 24, 1999.
accordance with the following scale:
On Mar. 19, 2001, he filed a petition for habeas
(1) Death,
corpus claiming he completed the service of his
(2) Reclusion perpetua,
sentence.
(3) Reclusion temporal,
(4) Prision mayor,
Citing Art. 70, RPC, he claimed that he shall
(5) Prision correccional,
serve the penalties simultaneously. Thus, there
(6) Arresto mayor,
is no more legal basis for his detention.
(7) Arresto menor,
(8) Destierro,
Held:
(9) Perpetual absolute disqualification,
Art. 70 allows simultaneous service of two or
(10) Temporal absolute disqualification.
more penalties only if the nature of the
(11) Suspension from public office, the right to
penalties so permit.
vote and be voted for, the right to follow a
profession or calling, and
In the case at bar, the petitioner was sentenced
(12) Public censure
to suffer one year imprisonment for every count
of the offense committed.
Notwithstanding the provisions of the rule next
preceding, the maximum duration of the The nature of the sentence does not allow
convict's sentence shall not be more than three- petitioner to serve all the terms simultaneously.
fold the length of time corresponding to the
most severe of the penalties imposed upon him. The rule of successive service of sentence must
be applied.
No other penalty to which he may be liable shall
The penalties which can be simultaneously
be inflicted after the sum total of those imposed
served are:
equals the same maximum period.
1. Perpetual absolute disqualification
2. Perpetual special disqualification
Such maximum period shall in no case exceed
3. Temporary absolute disqualification
forty years.
4. Temporary special disqualification
5. Suspension
120
6. Destierro in the service of the same, they shall not exceed

7. Public Censure three times the most severe and shall not
8. Fine and Bond to keep the peace exceed 40 years.
9. Civil interdiction
10. Confiscation and payment of costs Mejorada v. Sandiganbayan (1987)
The petitioner was convicted of violating
The above penalties, except destierro, can be Section 3(E) of RA No. 3019 aka the Anti-Graft
served simultaneously with imprisonment. and Corrupt Practices Act.
Penalties consisting in deprivation of liberty One of the issues raised by the petitioner
cannot be served simultaneously by reason of concerns the penalty imposed by the
the nature of such penalties. Sandiganbayan which totals 56 years and 8
days of imprisonment.
Three-fold Rule: The maximum duration of the
convict’s sentence shall not be more than three He impugns this as contrary to the three-fold
times the length of time corresponding to the rule and insists that the duration of the
most severe of the penalties imposed upon him. aggregate penalties should not exceed 40
years.
The phrase “the most severe of the penalties”
includes equal penalties. Held:
Petitioner is mistaken in his application of the 3-
The three-fold rule applies only when the fold rule as set forth in Art. 70 of the RPC.
convict has to serve at least four sentences.
This article is to be taken into account not in the
All the penalties, even if by different courts at imposition of the penalty but in connection with
different times, cannot exceed three-fold the the service of the sentence imposed.
most severe.
Art. 70 speaks of “service” of sentence,
The Rules of Court specifically provide that any “duration” of penalty and penalty “to be
information must not charge more than one inflicted”.
offense.
Nowhere in the article is anything mentioned
Necessarily, the various offense punished with about the “imposition of penalty”.
different penalties must be charged under It merely provides that the prisoner cannot be
different informations which may be filed in the made to serve more than three times the most
same court or in different courts, at the same severe of these penalties the maximum which is
time or at different times. 40 years.
Subsidiary imprisonment forms part of the Subsidiary Imprisonment

penalty.
Art. 38. Pecuniary liabilities; Order of payment.
Indemnity is a penalty. — In case the property of the offender should
not be sufficient for the payment of all his
Court must impose all the penalties for all the pecuniary liabilities, the same shall be met in
crimes of which the accused is found guilty, but the following order:
121
1. The reparation of the damage caused. 5. The subsidiary personal liability which the
2. Indemnification of consequential damages. convict may have suffered by reason of his
3. The fine. insolvency shall not relieve him from the fine in
4. The cost of the proceedings. case his financial circumstances should
improve. (As amended by RA 10159, approved
Art. 39. Subsidiary Penalty. – If the convict has on April 10, 2012)
no property with which to meet the fine
mentioned in paragraph 3 of the next preceding Subsidiary penalty – it is personal liability to be
article, he shall be subject to a subsidiary suffered by the convict who has no property
personal liability at the rate of one day for each with which to meet the fine at the rate of one
amount equivalent to the highest minimum day for each amount equivalent to the highest
wage rate prevailing in the Philippines at the minimum wage rate prevailing in the
time of the rendition of judgment of conviction Philippines at the time of the rendition of
by the trial court, subject to the following rules: judgment of conviction by the trial court,
subject to the rules provided for in Article 39.
1. If the principal penalty imposed be prision  An accused cannot be made to
correctional or arresto and fine, he shall remain undergo subsidiary imprisonment in
under confinement until his fine referred in the case of insolvency to pay the fine
preceding paragraph is satisfied, but his imposed upon him when the subsidiary
subsidiary imprisonment shall not exceed one- imprisonment is not imposed in the
third of the term of the sentence, and in no case judgment of conviction. (Ramos v.
shall it continue for more than one year, and no Gonong)
fraction or part of a day shall be counted  A convict who has property not exempt
against the prisoner. from execution sufficient enough to
meet the fine cannot choose to serve
2. When the principal penalty imposed be only a the subsidiary penalty.
fine, the subsidiary imprisonment shall not  Subsidiary imprisonment is not an
exceed six months, if the culprit shall have been accessory penalty.
prosecuted for a grave or less grave felony, and
shall not exceed fifteen days, if for a fight E.9. EXECUTION AND SERVICE
felony.
i. Execution of Penalties
3. When the principal penalty imposed is higher
Art. 78. When and how a penalty is to be
than prision correctional, no subsidiary executed
imprisonment shall be imposed upon the No penalty shall be executed except by virtue of
culprit. a final judgment.
4. If the principal penalty imposed is not to be A penalty shall not be executed in any other
executed by confinement in a penal institution, form than that prescribed by law, nor with any
other circumstances or incidents than those
but such penalty is of fixed duration, the expressly authorized thereby.
convict, during the period of time established in
the preceding rules, shall continue to suffer the In addition to the provisions of the law, the
same deprivations as those of which the special regulations prescribed for the
principal penalty consists. government of the institutions in which the
122
penalties are to be suffered shall be observed Destierro is imposed:

with regard to  When the death or serious physical
 the character of the work to be injuries is caused or are inflicted under
performed, exceptional circumstances (Art. 247);
 the time of its performance, and other
incidents connected therewith,  When a person fails to give bond for
 the relations of the convicts among good behavior (Art. 284);
themselves and other persons,  As a penalty for the concubine in the
 the relief which they may receive, and crime of concubinage (Art. 334);
 their diet.  When after lowering the penalty by
degrees, destierro is the proper penalty.
The regulations shall make provision for the
separation of the sexes in different institutions,
or at least into different departments and also ii. Service of the penalty of arresto menor
for the correction and reform of the convicts.
 The judgment must be final before it Art. 88. Arresto menor.
can be executed, because the accused The penalty of arresto menor shall be served in
may still appeal within 15 days from its the municipal jail, or in the house of the
defendant himself under the surveillance of an
promulgation.
officer of the law, when the court so provides in
 But if the defendant has expressly its decision, taking into consideration the health
waived in writing his right to appeal, the of the offender and other reasons which may
judgment becomes final and executory. seem satisfactory to it.
Art. 86. Reclusion perpetua, reclusion temporal, iii. Suspension of Execution

prision mayor, prision correccional and arresto
mayor. Probation Law (PD 968, as amended)
The penalties of reclusion perpetua, reclusion
temporal, prision mayor, prision correccional
a. Definition of terms (Sec. 3)
and arresto mayor, shall be executed and
served in the places and penal establishments
provided by the Administrative Code in force or Probation – a disposition under which a
which may be provided by law in the future. defendant, after conviction and sentence, is
released subject to conditions imposed by the
Art. 87. Destierro. court and to the supervision of a probation
Any person sentenced to destierro shall not be officer.
permitted to enter the place or places
designated in the sentence, nor within the
Probationer – a person placed on probation
radius therein specified, which shall be not
more than 250 and not less than 25 kilometers
from the place designated. Probation officer – one who investigates for the
court a referral for probation or supervises a
Convict shall not be permitted to enter the probationer or both
place designated in the sentence nor within the a. Purpose (Sec. 2)
radius specified,
 which shall not be more than 250 1. Promote the correction and
and not less than 25 km from the
place designated. rehabilitation of an offender by
If the convict enters the prohibited area, he providing him with individualized
commits evasion of sentence. treatment
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2. Provide an opportunity for the Llamado v. CA (1989):

reformation of a penitent offender In its present form, Section 4 of the Probation
which might be less probable if he were Law establishes a much narrower period during
to serve a prison sentence which an application for probation may be filed
3. Prevent the commission of offenses with the trial court: “after the trial court shall
have convicted and sentenced a defendant and
Probation does not obliterate the crime for which – within the period for perfecting an appeal”.
the person has been convicted.
Office of the Court Administrator v. Librado The provision expressly prohibits the grant of an
(1996): application for probation if the defendant has
Unlike pardon, probation does not obliterate perfected an appeal from the judgment of
the crime of which the person under probation conviction.
has been convicted.
Petitioner’s right to apply for probation was lost
The image of the judiciary is tarnished by when he perfected his appeal from the
conduct involving moral turpitude. judgment of the trial court.
The reform and rehabilitation of the probationer The trial court lost jurisdiction already over the
cannot justify his retention in the government case.
service.
The law does not allow simultaneous filing of
b. Grant of probation, manner and conditions application for probation and appeal. The filing
(Sec. 4) of application for probation shall be deemed a
waiver of the right to appeal, and vice-versa.
Grant of probation
Subject to the provisions of this Decree, the trial Francisco v. CA
court may, after it shall have convicted and The Probation Law requires that an accused
sentenced a defendant and upon application by must not have appealed his conviction before
said defendant within the period for perfecting he can avail himself of probation.
an appeal, suspend the execution of the
sentence and place the defendant on probation However,
for such period and upon such terms and Lagrosa vs. People (2003): A person who
conditions as it may deem best: Provided, That appeals his conviction for purposes of reducing
no application for probation shall be entertained the penalty to that which is within the
or granted if the defendant has perfected the probationable limit may still apply for
appeal from the judgment of conviction. probation.
Probation may be granted whether the
sentence imposes a term of imprisonment or a A person who appeals a judgment of conviction,
fine only. An application for probation shall be when he did not have the option to apply for
filed with the trial court. The filing of the probation in the first place, is not deemed to
application shall be deemed a waiver of the have forfeited his right to apply for probation.
right to appeal. There was no right to forteit yet.
An order granting or denying probation shall
not be appealable.
Colinares v. People (2011)
124
Accused appealed an erroneous conviction (11) Satisfy any other condition related to
(frustrated homicide; not probationable). SC the rehabilitation of the defendant and
found him guilty of a lesser crime (attempted not unduly restrictive of his liberty or
homicide; probationable). incompatible with his freedom of
conscience.
He cannot be barred from applying for Note: These are the special or discretionary
probation by the fact that he already appealed. conditions.
Conditions of probation (Sec. 10) Sec. 10 is not inclusive.

Every probation order issued by the court shall Salgado v. CA (1990)
contain conditions requiring that the The conditions enumerated under Sec. 10 of the
probationer shall: Probation Law are not inclusive. Courts are
a) Present himself to the probation officer allowed to impose practically any term it
designated to undertake his supervision chooses, the only limitation being that it does
at such place as may be specified in the
not jeopardize the constitutional rights of the
order within 72 hours from receipt of the
order; accused.
b) Report to the probation officer at least Sec. 4.
once a month at such time and place as “the trial court may… place the defendant on
specified by said officer. probation for such period and upon such terms
Note: These are the mandatory conditons. and conditions as it may deem best.”
The court may also require the probationer to: The order of probation providing as one of the
(1) Cooperate with a program of conditions that the civil liability be paid on a
supervision;
monthly basis (P2000/mo) did not increase or
(2) Meet his family responsibilities;
(3) Devote himself to a specific decrease the civil liability adjudged. It merely
employment and not to change said provided for the manner of payment by the
employment without the prior written accused of his civil liability during the period of
approval of the probation officer; probation.
(4) Undergo medical, psychological or
psychiatric examination and treatment c. Criteria of placing an offender on probation
and enter and remain in a specified
institution, when required for that (Sec. 8)
purpose;
(5) Pursue a prescribed secular study or In considering whether an offender may be
vocational training; placed on probation, the court shall consider all
(6) Attend or reside in a facility established information relative to the:
for instruction, recreation or residence 1. character,
of persons on probation;
2. antecedents,
(7) Refrain from visiting houses of ill-
3. environment,
repute;
(8) Abstain from drinking intoxicating 4. mental, and
beverages to excess; 5. physical condition of the offender
(9) Permit the probation officer or an 6. available institutional and community
authorized social worker to visit his resources
home and place of work;
(10) Reside at premises approved by it and
While application for probation is a right,
not to change his residence without its
prior written approval; or probation itself is a privilege. Grant of probation
may be denied if the court finds that:
125
1. The offender is in need of correctional Probation is an alternative to imprisonment of a

treatment that can be provided most juvenile.
effectively by his commitment to an Sec. 42 of RA 9344 (Juvenile Justice and
institution. Welfare Act) states that:
2. There is undue risk that during the
probation, the offender will commit another The court may, after it shall have convicted and
crime. sentenced a child in conflict with law, and upon
3. Probation will depreciate the seriousness of application at any time, place the child under
the offense committed. probation in lieu of service of his/her sentence
taking into account the best interest of the child.
d. Disqualified offenders
e. Period of probation (Sec. 14)
Probation under PD No. 968, as amended, is
intended for offenders who are 18 years of age 1. If the convict is sentenced to imprisonment
and above, and who are not otherwise of not more than one year, probation shall
disqualified by law. not exceed two years.
2. If s/he is sentenced to more than one year,
Offenders who are disqualified are those: probation shall not exceed six years.
(1) Sentenced to serve a maximum term of 3. If s/he is sentenced to a fine only and s/he
imprisonment of more than six years; is made to suffer subsidiary imprisonment,
(2) Convicted of subversion or any offense probation shall be not less than nor more
against the security of the State, or the than twice the total days of subsidiary
Public Order;
(3) Who have previously been convicted by imprisonment.
final judgment of an offense punished
by imprisonment of not less than one f. Arrest of probationer (Sec. 15)
month and one day and/or a fine of not
more than Two Hundred Pesos; At any time during probation, the court may
(4) Who have been once on probation under issue a warrant for the arrest of a probationer
the provisions of this Decree; and
for any serious violation of the conditions of
(5) Who are already serving sentence at the
time the substantive provisions of PD probation. The probationer, once arrested and
968 became applicable pursuant to Sec. detained, shall immediately be brought before
33 hereof (Effectivity clause: PD 968’s the court for a hearing of the violation charged.
substantive provisions took effect on 3 The defendant may be admitted to bail pending
January 1978) such hearing. In such case, the provisions
regarding release on bail of persons charged
The Probation Law does not apply to Drug with a crime shall be applicable to probationers
Traffickers and Pushers. arrested under this provision.
Sec. 24 of RA 9165 (The Comprehensive
Dangerous Drugs Act) states that: In the hearing, which shall be summary in
nature, the probationer shall have the right to
Any person convicted for drug trafficking or be informed of the violation charged and to
pushing under this Act, regardless of the adduce evidence in his favor. The court shall not
penalty imposed by the Court, cannot avail of be bound by the technical rules of evidence but
the privilege granted by the Probation Law or may inform itself of all the facts which are
Presidential Decree No. 968, as amended. material and relevant to ascertain the veracity
126
of the charge. The State shall be represented by iv. Suspension of the execution and service
a prosecuting officer in any contested hearing. If of the penalties in case of insanity
the violation is established, the court may Art. 79. When a convict shall become insane or
revoke or continue his probation and modify the an imbecile after final sentence has been
conditions thereof. If revoked, the court shall pronounced, the execution of said sentence
order the probationer to serve the sentence shall be suspended only with regard to the
originally imposed. An order revoking the grant personal penalty, the provisions of the second
of probation or modifying the terms and paragraph of circumstance number 1 of Article
conditions thereof shall not be appealable. 12 being observed in the corresponding cases.
g. Termination of probation (Sec. 16) If at any time the convict shall recover his
reason, his sentence shall be executed, unless
After the period of probation and upon the penalty shall have prescribed in accordance
consideration of the report and with the provisions of this Code.
recommendation of the probation officer, the
court may order the final discharge of the The respective provisions of this section shall
probationer upon finding that he has fulfilled also be observed if the insanity or imbecility
the terms and conditions of his probation and occurs while the convict is serving his sentence.
thereupon, the case is deemed terminated.
An accused may become insane:
The final discharge of the probationer shall 1. At the time of commission of the crime -
operate to restore to him all civil rights lost or He is exempt from criminal liability (Art.
suspended as a result of his conviction and to 12 par. 1)
fully discharge his liability for any fine imposed 2. At the time of the trial - The Court shall
as to the offense for which probation was suspend the proceedings and order his
granted. confinement in a hospital until he
recovers his reason.
The probationer and the probation officer shall 3. At the time of final judgment or while
each be furnished with a copy of such order. serving sentence
The expiration of the probation period alone Execution is suspended with regard to the
does not automatically terminate probation. personal penalty only. If he recovers his reason,
Probation is not coterminous with its period. his sentence shall be executed, unless the
There must first be issued by the court, an order penalty has prescribed. Payment of his civil or
of final discharge based on the report and pecuniary liabilities shall not be suspended.
recommendation of the probation officer. Only
from such issuance can the case of the Minority (Art. 80 of the RPC has been repealed
probationer be deemed terminated. [Bala v. by PD 603, as amended, and RA 9344)
Martinez]
Juvenile Justice and Welfare Act of 2006 (RA
9344); Child and Youth Welfare Code (PD 603,
as amended)
See also discussion of RA 9344 under

Exempting Circumstances
127
discernment)
Definition of child in conflict with the law (Sec. 4)
Discernment
Child in conflict with the law – A child who is PD 603 (Secs. 189 & RA 9344
alleged as, accused of, or adjudged as, having 192) Child above 15 years
committed an offense under Philippine laws Child over 9 years and but below 18 years of
under 15 years of age age who acted with
Child – a person under 18 years who acted w/ discernment shall be
discernment – court subjected to the
a. Exemption from criminal liability shall determine appropriate
imposable penalty, proceedings in
1. Child 15 years of age or under at the including any civil accordance with the
time of the commission of the offense = liability chargeable Act.
EXEMPT from criminal liability against him.
 However, the child shall be subjected to
an intervention program (per Sec. 20 of However, instead of
RA 9344) pronouncing
2. Child above 15 years but below 18 years judgment of
of age (15 ≤ Age of child at time of commission conviction, the court,
of offense ≤ 18) = EXEMPT from criminal liability upon application of
and subjected to intervention program the youthful offender
 UNLESS the child acted with and if it finds that the
discernment, in which case, such child best interest of the
shall be subjected to the appropriate public as well as that
proceedings in accordance with RA of the offender will be
9344 served thereby, may
suspend all further
Exemption from criminal liability herein proceedings and shall
established does not include exemption from commit such minor to
civil liability, which shall be enforced in the custody or care of
accordance with existing laws. (Sec. 6, RA 9344) the DSWD or to any
training institution
RA 9344 compared to PD 603 operated by the
government, or duly
Minimum age of criminal responsibility licensed agencies or
PD 603 RA 9344 any other responsible
Sec. 189. EXEMPT Child 15 years of age person, until he shall
from criminal liability: or under shall be have reached 21 years
1. Child 9 years of age exempt from criminal of age or, for a shorter
or under at time of liability, regardless of period as the court
commission of offense whether or not s/he may deem proper.
2. 9 ≤ Age of child at acted with
time of commission of discernment
offense ≤ 15 (UNLESS Suspension of sentence
s/he acted with PD 603 (Sec. 193) RA 9344
128
No automatic Suspension of Diversion – refers to an alternative, child-

suspension of sentence is appropriate process of determining the
sentence. automatic. responsibility and treatment of a child in
conflict with the law on the basis of his/her
The youthful offender Once the child under social, cultural, economic, psychological, or
should apply for a 18 is found guilty of educational background without resulting to
suspended sentence the offense charged, formal court proceedings.
the court shall
and it is discretionary
determine and
on the court to ascertain any civil Diversion Program – refers to the program that
approve the liability. However, the child in conflict with the law is required to
application. The order instead of undergo after he/she is found responsible for
of the court denying pronouncing the an offense without resorting to formal court
an application for judgment of proceedings. [Sec. 4(j), RA 9344]
suspension of conviction, the court
shall place the child in
sentence shall not be Development of a Comprehensive Juvenile
conflict with law
appealable. under suspended Intervention Program
sentence, without (1) A Comprehensive juvenile intervention
need of application. program covering at least a 3-year period shall
be instituted in LGUs from the barangay to the
Suspension of provincial level.
sentence shall be (2) The LGUs shall set aside an amount
applied even if the
necessary to implement their respective juvenile
juvenile is already 18
years of age or more intervention programs in their annual budget.
at the time of the (3) The LGUs, in coordination with the LCPC,
pronouncement of shall call on all sectors concerned, particularly
his/her guilt. (Sec. 38, the child-focused institutions, NGOs, people's
RA 9344) organizations, educational institutions and
government agencies involved in delinquency
The suspension of
prevention to participate in the planning
sentence lasts only
process and implementation of juvenile
until the child in
intervention programs. Such programs shall be
conflict with law
implemented consistent with the national
reaches the maximum
program formulated and designed by the JJWC.
age of 21.
The implementation of the comprehensive
juvenile intervention program shall be reviewed
Juvenile Justice and Welfare System
and assessed annually by the LGUs in
coordination with the LCPC. Results of the
Juvenile Justice and Welfare System – refers to a
assessment shall be submitted by the provincial
system dealing with children at risk and
and city governments to the JJWC not later than
children in conflict with the law, which provides
March 30 of every year. [Sec. 18, RA9344]
child-appropriate proceedings, including
programs and services for prevention, diversion,
Community-based Programs on Juvenile Justice
rehabilitation, re-integration and aftercare to
and Welfare
ensure their normal growth and development.
Community-based programs on juvenile justice
[Sec. 4(m), RA 9344]
and welfare shall be instituted by the LGUs
129
through the LCPC, school, youth organizations and his/her parents or guardians for the
and other concerned agencies. The LGUs shall development of the appropriate diversion and
provide community-based services which rehabilitation program, in coordination with the
respond to the special needs, problems, BCPC;
interests and concerns of children and which
offer appropriate counselling and guidance to (c) Where the imposable penalty for the crime
them and their families. These programs shall committed exceeds six (6) years imprisonment,
consist of three levels: diversion measures may be resorted to only by
the court. [Sec. 23, RA 9344]
(a) Primary intervention includes general
measures to promote social justice and equal F. Modification and Extinction of
opportunity, which tackle perceived root causes Criminal Liability
of offending;
(b) Secondary intervention includes measures to Two kinds of extinguishment of criminal liability:
assist children at risk; and
(c) Tertiary intervention includes measures to A. Total Extinguishment
avoid unnecessary contact with the formal 1. By prescription of crime
justice system and other measures to prevent 2. By prescription of penalty
re-offending. [Sec. 19, RA 9344] 3. By the death of the convict
4. By service of sentence
System of Diversion 5. By amnesty
Children in conflict with the law shall undergo 6. By absolute pardon
diversion programs without undergoing court 7. By the marriage of the offended woman
proceedings subject to the conditions herein and the offender in the crimes of rape,
provided: abduction, seduction and acts of
lasciviousness. (Art. 344)
(a) Where the imposable penalty for the crime
committed is not more than six (6) years B. Partial Extinguishment
imprisonment, the law enforcement officer or 1. By conditional pardon
Punong Barangay with the assistance of the 2. By commutation of sentence
local social welfare and development officer or 3. For good conduct, allowances which the
other members of the LCPC shall conduct culprit may earn while he is serving
mediation, family conferencing and conciliation sentence
and, where appropriate, adopt indigenous 4. By parole
modes of conflict resolution in accordance with 5. By probation
the best interest of the child with a view to
accomplishing the objectives of restorative Important: The Supreme Court ruled that re-
justice and the formulation of a diversion election to public office is not one of the
program. The child and his/her family shall be grounds by which criminal liability is
present in these activities. extinguished. This is only true in administrative
cases but not in criminal cases.
(b) In victimless crimes where the imposable
penalty is not more than six (6) years
F.1. Prescription of Crimes; Prescription of
imprisonment, the local social welfare and
Violations of Special Laws (Act No. 3326)
development officer shall meet with the child
130
Definition: The forfeiture or loss of the right of Prescriptive periods under special laws and
the State to prosecute the offender, after the municipal ordinances (Act 3763, amending Act
lapse of a certain period of time. 3326)
Offenses punished only by fine or
General rule: Prescription of the crime begins on imprisonment for not more than 1 year
the day the crime was committed. one month or both
Exception: The crime was concealed, not public, Imprisonment for more than one
4 years
in which case, the prescription thereof would month, but less than two years
only commence from the time the offended Imprisonment for two years but
party or the government learns of the 8 years
less than six years
commission of the crime. Imprisonment for six years or
12 years
more
i. Prescriptive Periods of Crimes Offenses under Internal Revenue
5 years
1. Crimes punishable by Law
death, reclusion perpetua 20 years Violations of municipal 2
or reclusion temporal ordinances months
2. Afflictive penalties 15 years Violations of the regulations or
10 years conditions of certificate of 2
5 years convenience by the Public Service months
3. Correctional penalties
Commission
Note: Those punishable by arresto
The
mayor
highest Note: Not applicable where the special law
penalty provides for its own prescriptive period
Note: When the penalty fixed law
shall be
is a compound one
made a Computation of Prescription of Offenses (Art. 91)
basis 1. Commences to run from the day on which
4. Libel 1 year the crime is discovered by the offended
5. Oral defamation and party, the authorities or their agents.
6 months
slander by deed 2. Interrupted by the filing of complaint or
6. Simple slander 2 months information
7. Grave slander 6 months 3. It shall commence to run again when such
8. Light offenses 2 months proceedings terminate without the accused
9. Crimes punishable by fines being convicted or acquitted, or
a) Fine is afflictive 15 years unjustifiably stopped for any reason not
b) Fine is correctional 10 years imputable to the accused.
c) Fine is light 2 months Note: Termination must be FINAL as to amount
Note: Subsidiary penalty for to a jeopardy that would bar a subsequent
nonpayment not considered in prosecution.
determining the period 4. The term of prescription shall not
Note: When fine is an alternative run when the offender is absent
penalty higher than the other from the Philippine archipelago.
penalty which is by imprisonment, 5. For continuing crimes, prescriptive
prescription of the crime is based period cannot begin to run because
on the fine. the crime does not end.
131
ii. Prescription of penalties Articles 93 and 157 of the RPC means unlawful
Definition: The loss or forfeiture of the right of departure of prisoner from the limits of his
the government to execute the final sentence custody. Clearly, one who has not been
after the lapse of a certain period of time. committed to prison cannot be said to have
escaped therefrom.
Difference between Prescription of Crime and
Prescription of the Penalty Prescription is interrupted when:
Prescription of the  The convict gives himself up.
Prescription of crime
penalty  The convict Is captured.
Forfeiture of the right Forfeiture of the right  The convict goes to a foreign country
of the State to to execute the final with which the Philippines has no
prosecute after a lapse sentence after the extradition treaty.
of a certain time lapse of a certain time  The convict commits any crime before
the expiration of the period of
Prescriptive Periods of Penalties prescription.
Death and reclusion perpetua 20 years
Other afflictive penalties 15 years Question: What happens in cases where our
Correctional penalties 10 years government has extradition treaty with another
Note: If arresto mayor 5 years country but the crime is not included in the
Light penalties 1 year treaty?
Answer: It would interrupt the running of the
iii. Computation of Prescription of prescriptive period.
Penalties (Art. 93)
Question: What is the effect of the acceptance of
Elements: the convict of a conditional pardon?
1. Penalty is imposed by final judgment Answer: It would interrupt the running of the
2. Convict evaded service of sentence by prescriptive period.
escaping during the term of his
sentence Question: What happens if the culprit is
3. The convict who has escaped from captured but he evades again the service of his
prison has not given himself up, or been sentence?
captured, or gone to a foreign country Answer: The period of prescription that ran
with which we have no extradition treaty, during the evasion is not forfeited. The period of
or committed another crime prescription that has run in his favor should be
4. The penalty has prescribed because of taken into account.
the lapse of time from the date of the F.2. Pardon by Offended Party
evasion of service of the sentence by the
convict. Art. 23. Effect of pardon by the offended party. —
A pardon of the offended party does not
Period commences to run from the date when extinguish criminal action except as provided in
Article 344 of this Code; but civil liability with
the culprit evaded the service of sentence.
regard to the interest of the injured party is
extinguished by his express waiver.
Del Castillo v. Torrecampo (2002)
"Escape" in legal parlance and for purposes of
132
This article states the extent of a pardon made Conditional pardon is limited to the unserved
by the offended party. Under this article, a portion of the sentence, unless an intention to
pardon does not extinguish the criminal liability extend it beyond that time is manifest. (Infante
of an offender except for cases under Article v. Wardern)
344 (Prosecution of the crimes of adultery,
concubinage, seduction, abduction, rape and The third preambular phrase of a pardon, i.e., "
acts of lasciviousness). "[w]hereas, Joseph Ejercito Estrada has publicly
However, the civil liability with regard to the committed to no longer seek any elective
interest of the injured party is extinguished. position or office, does not make the pardon
conditional x x x as the pardon itself does not
F.3. Pardon by the Chief Executive explicitly impose a condition or limitation,
considering the unqualified use of the term
"civil and political rights" as being restored.
i. Absolute Pardon Jurisprudence educates that a preamble is not
It is an act of grace, proceeding from the power an essential part of an act as it is an
entrusted with the execution of the laws. It introductory or preparatory clause that explains
exempts the individual from the penalty of the the reasons for the enactment. [Risos-Vidal v.
crime he has committed. COMELEC (2015), J. Leonardo-De Castro)
Monsanto v Factoran (1989): iii. Effects of Pardon of the President

1. Absolute pardon does not ipso facto entitle (Article 36)
the convict to reinstatement to the public office 1. A pardon shall not restore the right to hold
forfeited by reason of his conviction. public office or the right of suffrage.
2. Although pardon restores his eligibility for
appointment to that office, the pardoned Exception: When any or both such rights is or
convict must reapply for a new appointment. are expressly restored by the terms of the
pardon.
ii. Conditional Pardon
If delivered and accepted, it is a contract 2. It shall not exempt the culprit from the
between the executive and the convict that the payment of the civil indemnity. The pardon
former will release the latter upon compliance cannot make an exception to this rule.
with the condition. One usual condition is “not
again violate any of the penal laws of the iv. Limitations upon the exercise of
country”. pardoning power
Obligations incurred by a person granted 1. That the power can be exercised only after
conditional pardon: conviction.
1. He must comply strictly with the conditions a. Thus in applying for pardon, the
imposed in the pardon. convict must not appeal the
2. Failure to comply shall result to a judgment of conviction or the
recovation of the pardon. The Chief appeal must be abandoned.
Executive may order his arrest and 2. That such power does not extend to cases of
reincarceration. impeachment. (Cristobal v. Labrador).
3. He becomes liable under Art. 159.
NOTE: The pardoning power of the President
cannot be limited by legislative action. Article
133
36-41 only operates as a procedural proscription. AMNESTY ABSOLUTE PARDON

(Risos-Vidal v. COMELEC) Blanket pardon to Includes any crime and
classes of persons is exercised
guilty of political individually
Pardon by the Chief Pardon by the offenses
Executive offended party May still be exercised The person is already
Extinguishes the
Does not extinguish before trial or convicted
criminal liability of the
criminal liability. investigation
offender. Although it may Looks backward. It is Looks forward. He is
constitute a bar to the as if he has committed relieved from the
prosecution of the: (1) no offense. consequences of the
crimes of seduction, offense, but rights are
abduction and acts of not restored unless
lasciviousness; and explicitly provided by
(2) in adultery and the terms of the
concubinage, by the pardon.
express or implied Both do not extinguish civil liability.
pardon by the Public act which the Private act of the
offended spouse. court shall take President and must be
Cannot include civil The offended party judicial notice of pleaded and proved by
liabilities which the can waive the civil the person pardoned
offender must pay. liability which the Valid only when there Valid if given either
offender must pay. is final judgment before or after final
Conditional or Cannot be conditional judgment
Absolute
Granted only after the Pardon should be The effects of amnesty as well as absolute
conviction. given before the pardon are not the same. Amnesty erases not
institution of criminal only the conviction but also the crime itself.
prosecution.
An offender who was convicted of rebellion,
F.3. Amnesty given an amnesty, and who subsequently
rebelled and was convicted again is not a
An act of the sovereign power granting oblivion recidivist.
or general pardon for a past offense. He is not a recidivist because the amnesty
granted to him erased not only the conviction
Rarely exercised in favor of a single individual; but also the effects of the conviction itself.
usually extended in behalf of certain classes of
persons who are subject to trial but have not yet Suppose, instead of amnesty, what was given
been convicted. was absolute pardon, then years later, the
offender was again captured and charged for
Erases not only the conviction but the crime rebellion, he was convicted, is he a recidivist?
itself. Yes. Pardon, although absolute, does not erase
the effects of conviction. Pardon only excuses
Difference between Amnesty and Absolute the convict from serving the sentence.
Pardon
134
When pardon may erase the effects of

conviction:
When the pardon was granted when the convict

had already served the sentence such that there
is no more service of sentence to be executed.
The pardon then shall be understood as
intended to erase the effects of the conviction.
So if the convict has already served the

sentence and in spite of that he was given a
pardon, that pardon will cover the effects of the
crime. Therefore, if he will be subsequently
convicted for a felony embracing the same title
as that crime, he cannot be considered a
recidivist, because the pardon wipes out the
effects of the crime.
But if he was serving sentence when he was

pardoned, that pardon will not wipe out the
effects of the crime, unless the language of the
pardon absolutely relieves the offender of all
the effects thereof. Considering that recidivism
does not prescribe, no matter how long ago was
the first conviction, he shall still be a recidivist.
135
CRIMINAL LAW
CRIMINAL LAW 2
136
I. Crimes against National Security The crimes under this title can be prosecuted
II. Crimes against Fundamental Laws of the even if the criminal act or acts were committed
State outside the Philippine territorial jurisdiction.
III. Crimes against Public Order
IV. Crimes against Public Interest This is one of the instances where the RPC may
V. Crimes relative to Opium and other be given extra-territorial application under
Prohibited Drugs Article 2 (5) thereof. However, prosecution can
VI. Crimes against Public Morals proceed only if the offender is:
VII. Crimes committed by Public Officers (1) within Philippine territory, or
VIII. Crimes against Persons (2) brought to the Philippines pursuant to an
IX. Crimes against Personal Liberty and extradition treaty.
Security
X. Crimes against Property Crimes against national security can be tried
XI. Crimes against Chastity only in the Philippines, as there is a need to
XII. Crimes against Civil Status bring the offender here before he can be made
XIII. Crimes against Honor to suffer the consequences of the law.
XIV. Criminal Negligence
In the case of crimes against the law of nations,
the offender can be prosecuted wherever he
Title I. Crimes against may be found because the crimes are regarded
as committed against humanity in general.
National Security and
The acts against national security may be
the Law of Nations committed abroad and still be punishable
under our law.
Crimes against Security:
General rule: Almost all of these are crimes
(1) Art. 114: Treason
committed in times of war.
(2) Art. 115: Conspiracy and Proposal to Commit
Treason
Exceptions: The following can be committed in
(3) Art. 116: Misprision of Treason
times of peace:
(4) Art. 117: Espionage
(1) Espionage [Art 117] – This is also covered by
Commonwealth Act No. 616 which punishes
Crimes against The Law of Nations
conspiracy to commit espionage.
(1) Art. 118: Inciting to War or Giving Motives for
(2) Inciting to War or Giving Motives for
Reprisals
Reprisals [Art 118] – This can be committed
(2) Art. 119: Violation of Neutrality
even if the Philippines is not a participant.
(3) Art. 120: Correspondence with Hostile
(3) Violation of Neutrality [Art. 119] – The
Country
Philippines is not a party to an on-going war.
(4) Art. 121: Flight to Enemy’s Country
(5) Art. 122: Piracy in General and Mutiny on
the High Seas or in Philippine Waters CRIMES AGAINST NATIONAL
(6) Art. 123: Qualified Piracy SECURITY
ARTICLE 114 - TREASON
137
Mode 1: Levying War

Elements: Mode 1: Levying War
(a) Offender is a Filipino or resident alien Requirements:
(b) There is a war in which the Philippines is (1) actual assembling of men;
involved (2) for the purpose of executing a treasonable
(c) The offender levies war against the design by force.
government
There must be an actual assembling of men.
Mode 2: Adherence to the Enemy and Giving of The mere acceptance of the commission from
Aid or Comfort the secretary of war of the Katipunan by the
Elements: accused, nothing else having been done, was
(a) Offender is a Filipino or resident alien not an overt act of treason within the meaning
(b) There is a war in which the Philippines is of the law. [U.S. vs. De los Reyes]
involved
(c) That the offender adheres to the enemies, The levying of war must be directed against the
giving them aid or comfort government. It must be with intent to overthrow
the government as such, not merely to resist a
Treason is a breach of allegiance to a particular statute or to repel a particular officer.
government, committed by a person who owes [Reyes, 2012, citing 3 Wharton’s Criminal Law,
allegiance to it. It cannot be committed in the 12th Ed.]
time of peace. There are two ways of
committing treason: The levying of war must be in collaboration with
(1) By levying war against the Government; and a foreign enemy. If the levying of war is merely a
(2) By adhering to the enemies of the civil uprising, without any intention of helping
Philippines, giving them aid or comfort. an external enemy, the crime is not treason. The
[Reyes, 2012] offenders may be held liable for rebellion under
Article 135 in relation to Article 134 of the RPC.
Allegiance - obligation of fidelity and obedience [Reyes, 2012]
which the individuals owe to the government
under which they live or to their sovereign, in Mode 2: Adherence to the Enemy
return for the protection they receive [Reyes, Adherence and giving aid or comfort to the
2012; citing 52 Am. Jur. 797] enemy must concur. Adherence to the enemy
means intent to betray. There is adherence to
Extent of Aid or Comfort the enemy when a citizen intellectually or
To be treasonous, the extent of aid and comfort emotionally favors the enemy and harbors
given to the enemies must be to render sympathies or convictions disloyal to his own
assistance to them as enemies and not as country’s policy or interest. Aid or comfort
individuals, in the furtherance of the enemies’ means an act which strengthens or tends to
hostile designs. [People vs. Perez] strengthen the enemy in the conduct of war
against the traitor’s country and an act which
Intent of disloyalty is a vital ingredient in the weakens or tends to weaken the power of the
crime of treason, which in the absence of traitor’s country to resist or to attack the enemy.
admission may be gathered from the nature [Cramer vs. US]
and circumstances of each particular case.
[People vs. Perez]
138
When there is no adherence to the enemy, the official duties under the enemy [People vs.
act which may do aid or comfort to the enemy Sison]
does not amount to treason. [Reyes, 2012]
The overt act of aid and comfort to the enemy
Specific Acts of Aid or Comfort Constituting must be intentional, as distinguished from
Treason merely negligent or undesigned ones. [Cramer
(1) Serving as informer and active member of vs. US]
the Japanese Military Police, arresting
guerilla suspects to suppress the General Rule: When the killings and other
underground movement [People vs. common crimes are charged as overt acts of
Fernando] treason, they cannot be regarded: (1) as
(2) Serving in the Japanese Army as agent or separate crimes, or (2) as complexed with
spy and participating in the raid of guerrilla treason.
hideout [People vs. Muñoz, et al.]
(3) Acting as “finger woman” when a barrio Exception: But this rule would not preclude the
was “zonified” by the Japanese, pointing punishment of murder or other common crimes
out to the Japanese several men whom she as such, if the prosecution should elect to
accused as guerrillas [People vs. Nuñez] prosecute the culprit specifically for these
(4) Taking active part in the mass killing of crimes, instead of relying on them as an
civilians by the Japanese soldiers by element of treason. [People vs. Prieto]
personally tying the hands of the victims
[People vs. Canibas] Treason by a Filipino citizen can be committed
(5) Mere fact of having joined a Makapili outside of the Philippines. Treason by an alien
organization is evidence of both adherence must be committed in the Philippines.
to the enemy and giving him aid and
comfort. Unless forced upon one against his The crime of treason is of such a nature that it
will, membership in the Makapili may be committed by one single act, by a series
organization imports treasonable intent, of acts, or by several series thereof, not only in a
considering the purpose for which the single time, but in different times, it being a
organization was created [People vs. continuous crime. [People vs. Victoria]
Adriano]
Two Ways of Proving Treason
Acts not constituting treason (1) Testimony of at least two witnesses to the
(1) Commandeering" of women to satisfy the same overt act; or
lust of Japanese officers or men or to (2) Confession of accused in open court. [Art.
enliven the entertainments held in their 114, par.2, RPC]
honor, even though the women and the
entertainments helped to make life more The Two-witness Rule
pleasant for the enemies and boost their The testimony of two witnesses is required to
spirit. Sexual and social relations with the prove the overt act of giving aid or comfort, but
Japanese did not directly and materially it is not necessary to prove adherence. Each of
tend to improve their war efforts or to the witness must testify to the whole overt act;
weaken the power of the US. [People vs. or if it is separable, there must be two witnesses
Perez, supra] to each part of the overt act. [People vs. Escleto]
(2) Acceptance of public office and discharge of
139
Membership as a Makapili, as an overt act, must during the war is one of the rules of
be established by the deposition of two International Law; and
witnesses. Where two or more witnesses give (4) What is suspended is the exercise of the
oaths to an overt act and only one of them is rights of sovereignty.
believed by the court or jury, the defendant is
entitled to discharge [People vs. Adriano] In addition to the defense of duress or
uncontrollable fear, lawful obedience to a de
Adherence may be proved: facto Government is a good defense in treason.
(1) By one witness, The Philippine Executive Commission, as well as
(2) From the nature of the act itself, or the Republic established by the Japanese
(3) From the circumstances surrounding the act. occupation army in the Philippines, had all the
characteristics of a de facto Government. [Go
Adherence need not be proven by two witness Kim Cham vs. Valdez]
testimonies – may be inferred from one witness,
or from the nature of the act itself or other Defense of loss of citizenship by joining the
circumstances [People vs. Adriano, supra]
army of the enemy is not valid. The accused
Aggravating Circumstance in treason cannot divest himself of his Philippine
 Cruelty and ignominy citizenship by the simple expedient of accepting
 Evident premeditation - since a commission in the military, naval or air service
adherence and the giving of aid and of such country. If his contention is sustained,
comfort to the enemy is usually a long his very crime would be the shield that would
continued process requiring reflective protect him from punishment. [People vs.
and persistent determination and Manayao]
planning. [People vs. Racaza]
 Superior strength & treachery – since ARTICLE 115 - CONSPIRACY AND
they are inherent in treason. [People vs. PROPOSAL TO COMMIT TREASON
Adlawan]
 Treachery, aid of armed persons to Elements of Conspiracy to commit treason:
insure or afford impunity, and (a) There is a war in which the Philippines is
deliberately augmenting the crimes by involved
causing other wrongs not necessary in (b) At least two persons come to an agreement
the commission thereof – since they are to
inherent in the crime of treason. [People (i) Levy war against the government; or
vs. Victoria] (ii) Adhere to the enemies, giving them aid
or comfort
Defense of Suspended Allegiance and change (c) They decide to commit it
of sovereignty are not accepted because:
(1) A citizen owes an absolute and permanent Elements of Proposal to commit treason
allegiance to his Government; (a) There is a war in which the Philippines is
(2) The sovereignty of the Government is not involved
transferred to the enemy by mere (b) At least one person decides to –
occupation; (i) Levy war against the government; or
(3) The subsistence of the sovereignty of the (ii) Adhere to the enemies, giving them aid
legitimate Government in a territory or comfort
occupied by the military forces of the enemy
140
(c) That person proposes its execution to other of treason actually committed by another. In
persons the latter case, the implication is that the
government is already aware of it.
General rule: Conspiracy and proposal to
commit a felony is not punishable under Article The offender in misprision of treason is
8. punished as an accessory to treason. Note that
Article 116 does not provide for a penalty.
Exception: Under Article 115, mere conspiracy or However, the offender is a principal in the crime
proposal to commit treason is punishable. This of misprision of treason.
is because, in treason, the very existence of the
state is endangered. [Reyes, 2008] Any person in authority having the equivalent
jurisdiction (of a mayor, fiscal or governor), like
The two-witness rule does not apply to a provincial commander, will already negate
conspiracy or proposal to commit treason criminal liability.
because this is a separate and distinct offense
from that of treason. [US vs. Bautista] Blood relationship is always subservient to
national security. Article 20 of the RPC
ARTICLE 116 - MISPRISION OF TREASON regarding accessories who are exempt from
criminal liability does not apply in this case
Elements: because persons found liable for this crime are
(a) Offender owes allegiance to the not considered accessories, but as principals.
government, and is not a foreigner
(b) He has knowledge of conspiracy to commit Article 116 is an exception to the rule that mere
treason against the government silence does not make a person criminally liable.
(c) He conceals or does not disclose and make [US vs. Caballeros]
known the same as soon as possible to the
governor or fiscal of the province in which ARTICLE 117 – ESPIONAGE
he resides, or the mayor or fiscal of the city
in which he resides Mode 1: By entering, without authority therefor, a
warship, fort, or naval or military establishment
This is a crime that may be committed only by or reservation to obtain any information, plans,
citizens of the Philippines. It cannot be photographs, or other data of a confidential
committed by a resident alien. nature relative to the defense of the Philippines
Essence: There are persons who conspire to Elements:

commit treason and the offender knew this and (a) Offender enters a warship, fort, or naval or
failed to make the necessary report to the military establishment or reservation;
government within the earliest possible time. (b) He has no authority therefor;
(c) That his purpose is to obtain information,
Article 116 does not apply when the crime of plans, photographs or other data of a
treason is already committed by someone and confidential nature relative to the defense of
the accused does not report its commission to the Philippines.
the proper authority. The provision only speaks
of “knowledge of any conspiracy against” the
Government of the Philippines, not knowledge
141
Mode 2: Disclosing by public officer of SPECIAL LAW

confidential information to a foreign COMMONWEALTH ACT NO. 616
representative (An Act to Punish Espionage and Other Offenses
against the National Security)
Elements:
(a) That the offender is a public officer; Punishable Acts
(b) That he has in his possession the articles,
data or information of a confidential nature Sec. 1. Unlawfully obtaining or permitting to be
relative to the defense of the Philippines, by obtained information affecting national
reason of the public office he holds; defense. —
(c) That he discloses their contents to a
representative of a foreign nation. (a) going upon, entering, flying over, or
otherwise obtaining information concerning
Under paragraph 1, the offender may be any any vessel, aircraft, work of defense, navy
person, but under paragraph 2, the offender yard, naval station, submarine base, coaling
must be a public officer who has in his station, fort, battery, torpedo station,
possession the information by reason of the dockyard, canal, railroad, arsenal, camp,
public office he holds. factory, mine, telegraph, telephone,
wireless, or signal station, building, office,
To be liable under paragraph 1, the offender or other place connected with the national
must have the intention to obtain information defense, xxx or any place in which any
relative to the defense of the Philippines. It is vessel, aircraft, arms, munitions, or other
not necessary that the information, etc. is materials or instruments for the use in time
obtained. It is sufficient that the offender has of war are being made, prepared, repaired,
the purpose to obtain any of them. or stored, for the purposes of obtaining
information respecting the national defense
Espionage Treason with intent or reason to believe that the
Not conditioned by the Not conditioned by the information to be obtained is to be used to
citizenship of the citizenship of the the injury of the Philippines or of the United
offender offender States, or to the advantage of any foreign
nation
May be committed Committed only in (b) copying, taking, making, or obtaining, or
both in time of war and time of war attempting, or inducing or aiding another to
in time of peace copy, take, make, or obtain, any sketch,
May be committed in Limited only to two photograph, photographic negative, blue
many ways ways of committing the print, plan, map, model, instrument,
crime: levying of war appliance, document, writing, or note of
and adhering to the anything connected with the national
enemy giving him aid defense for the same purpose and with like
or comfort intent as in paragraph (a)
(c) receiving or obtaining or agreeing or
attempting or inducing or aiding another to
receive or obtain from any person, or from
any source whatever, any document,
writing, code book, signal book, sketch,
142
photograph, photographic negative, blue recognized or unrecognized by the

print, plan, map, model, instrument, Philippines, or to any representative, officer,
appliance, or note of anything connected agent, employee, subject, or citizen thereof,
with the national defense, knowing or either directly or indirectly, any document,
having reason to believe, at the time he writing, code book, signal book, sketch,
receives or obtains, or agrees or attempts or photograph, photographic negative, blue
induces or aids another to receive or obtain print, plan, map, model, instrument,
it, that it has been or will be obtained, appliance, or information relating to the
taken, made, or disposed of by any person national defense, with the intent or reason
contrary to the provisions of this Act; or to believe that it is to be used to the injury of
(d) wilfully communicating or transmitting or the Philippines or to the advantage of a
attempting to communicate or transmit any foreign nation
document, writing, code book, signal book, *Punishable by death or imprisonment
sketch, photograph, photographic negative, for not more than 30 years, if committed in
blue print, plan, map, model, instrument, time of war.
appliance, or note relating to the national
defense to any person not entitled to receive (b) in time of war, by collecting, recording,
it, or wilfully retaining the same and fails to publishing, or communicating, or
deliver it on demand to the officer or attempting to elicit any information with
employee of the Philippines or of the United respect to the movement, number,
States entitled to receive it; the offender description, condition, or disposition of any
having lawful or unlawful possession of, of the armed forces, ships, aircraft, or war
access to, control over, or being intrusted materials of the Philippines, or with respect
with the same; or to the plans or conduct, or supposed plans
(e) permitting, through gross negligence, to be or conduct of any military, naval, or air
removed from its proper place of custody or operations, or with respect to any works or
delivered to anyone in violation of this trust measures undertaken for or connected with,
or to be lost, stolen, abstracted, or or intended for the fortification or defense of
destroyed any document, writing, code any place, or any other information relating
book, signal book, sketch, photograph, to the public defense which might be useful
photographic negative, blue print, plan, to the enemy
map, model, note or information, relating to
the national defense, the offender being
intrusted with or having lawful possession Sec. 3. Disloyal acts or works in time of peace. —
or control of the same It shall be unlawful for any person, with intent
to interfere with, impair, or influence the loyalty,
Sec. 2. Unlawful disclosing information morale, or discipline of the military, naval, or air
affecting national defense. — forces of the Philippines
(a) communicating, delivering, or transmitting, (a) advising, counseling, urging, or in any

or attempting to, or aiding or inducing manner causing insubordination, disloyalty,
another to, communicate, deliver, or mutiny, or refusal of duty by any member of
transmit to any foreign government, or any the military, naval, or air forces of the
faction or party or military or naval force Philippines or of the United States; or
within a foreign country, whether
143
(b) distributing any written or printed matter Other Acts

which advises, counsels, or urges
insubordination, disloyalty, mutiny, or  Making any photograph, sketch, picture,
refusal of duty by any member of the drawing, map, or graphical representation of
military, naval, or air forces of the vital military, naval, and air installations or
Philippines. equipment of the Armed Forces of the
Philippines without first obtaining permission
of the commanding officer [Sec. 8]
Sec. 4. Disloyal acts or words in time of war. —  Using or permitting or procuring the use of an
wilfully making or conveying false reports or aircraft for the purpose of making a
false statements with the intent to interfere photograph, sketch, picture, drawing, map, or
with the operation or success of the military, graphical representation of vital military,
naval, or air forces of the Philippines, or naval or air installations or equipment, in
violation of Sec. 8 [Sec. 9]
To promote the success of its enemies, by  Reproducing, publishing, selling, etc.,
wilfully causing or attempting to cause uncensored copies any photograph, sketch,
insubordination, disloyalty, mutiny, or refusal of picture, drawing, map or graphical
duty, in the military, naval, or air forces of the representation of the vital military, naval, or
Philippines, or air installations or equipment so defined,
without first obtaining permission of the
Willfully obstructing the recruiting or commanding officer [Sec. 10]
enlistment service of the Philippines to the  Destroying or injuring or attempting to injure
injury of the service of the Philippines or destroy war material in time of war [Sec. 11]
 Making or causing war material to be made in
Sec. 5. Conspiracy to violate preceding sections.
defective manner when the Philippines is at
— (1) two or more persons conspire to violate
war [Sec. 12]
the provisions of sections 1, 2, 3, or 4 of this Act,
 Injuring or destroying national defense
(2) one or more of such persons does any act to
material, premises, or utilities [Sec. 13]
effect the object of the conspiracy
 Making or causing to be made in a defective
Each of the parties to such conspiracy shall be manner, or attempting to make or cause to be
punished as in said sections provided in the made in a defective manner, national defense
case of the doing of the act the accomplishment material [Sec. 14]
of which is the object of such conspiracy.
Section 6. Harboring or concealing violators of CRIMES AGAINST THE LAW OF

the law. — harboring or concealing any person NATIONS
who he knows, or has reasonable ground to
believe or suspect, has committed, or is about ARTICLE 118 - INCITING TO WAR OR
to commit, an offense under this Act. GIVING MOTIVES FOR REPRISALS
Elements:
(a) Offender performs unlawful or unauthorized
acts
(b) The acts provoke or give occasion for
144
(i) A war involving or liable to involve the Correspondence - Communication by means of

Philippines; or letters which pass between those who have
(ii) Exposure of Filipino citizens to reprisals friendly or business relations.
on their persons or property
Even if the correspondence contains innocent
This crime is committed in time of peace. matters, if the correspondence has been
prohibited by the Government, it is punishable.
The intention of the offender is immaterial. The
law considers the effects produced by the acts Prohibition by the Government is not essential
of the accused. [Reyes, 2012l citing Albert] in instances 2 and 3.
Examples: The public destruction of the flag or Qualifying Circumstances under Instance 3 - The
seal of a foreign state or the public following must concur:
manifestations of hostility to the head or (1) That the notice or information might be
ambassador of another state. useful to the enemy, and
(2) That the offender intended to aid the enemy.
ARTICLE 119 - VIOLATION OF
NEUTRALITY If the offender intended to aid the enemy by
giving such notice or information, the crime
Elements amounts to treason; hence, the penalty is the
(a) There is a war in which the Philippines is not same as that for treason. [Reyes, 2008]
involved
(b) There is a regulation issued by a competent ARTICLE 121 - FLIGHT TO ENEMY'S
authority to enforce neutrality COUNTRY
(c) Offender violates the regulation
Elements:
Definition of neutrality. A nation or power which (a) There is a war in which the Philippines is
takes no part in a contest of arms going on involved
between other countries (b) Offender must be owing allegiance to the
government
ARTICLE 120 - CORRESPONDENCE WITH (c) Offender attempts to flee or go to enemy
HOSTILE COUNTRY country
(d) Going to the enemy country is prohibited by
Elements: competent authority
(a) It is a time of war in which the Philippines is
involved An alien resident may be guilty of flight to
(b) Offender makes correspondence with an enemy country. The law does not say “not being
enemy country or territory occupied by a foreigner.” Hence, the allegiance
enemy troops contemplated in this article is either natural or
(c) The correspondence is either – temporary allegiance. [Reyes, 2008]
(i) Prohibited by the government, or
(ii) Carried on in ciphers or conventional
signs, or
(iii) Containing notice or information which
might be useful to the enemy.
145
ARTICLE 122 - PIRACY IN GENERAL AND

MUTINY ON THE HIGH SEAS OR IN Mutiny - the unlawful resistance to a superior
PHILIPPINE WATERS officer, or the raising of commotions and
disturbances
Elements:
(a) The vessel is on the high seas or Philippine Mutiny is usually committed by the other
waters members of the complement and may be
(b) Offenders are neither members of its committed by the passengers of the vessel.
complement nor passengers of the vessel
(c) Offenders either – Piracy Mutiny
(i) Attack or seize that vessel; or Persons who attack the Persons who attack the
(ii) Seize the whole or part of its cargo, its vessel or seize its cargo vessel or seize its cargo
equipment or personal belongings of its are strangers to said are members of the
complement or passengers vessels crew or passengers
(iii) There is intent to gain
Intent to gain is Intent to gain is not
Acts Punished in Piracy: essential essential. The
(1) Attacking or seizing a vessel on the high offenders may only
seas or in Philippine waters intend to ignore the
(2) Seizing the whole or part of its cargo, ship’s officers or they
complement or passengers while the vessel may be prompted by a
is on the high seas or in Philippine waters desire to commit
plunder.
High Seas - parts of the seas that are not
included in the exclusive economic zone, in the Abetting Piracy
territorial seas, or in the internal waters of a In Section 4 of Presidential Decree No. 532, the
state, or in the archipelagic waters of an act of aiding pirates or abetting piracy is
archipelagic state [Convention on the Law of the penalized as a crime distinct from piracy.
Sea]
Said section penalizes any person who
Piracy - robbery or forcible depredation on the knowingly and in any manner aids or protects
high seas, without lawful authority and done pirates, such as giving them information about
with animo furandi and in the spirit and the movement of the police or other peace
intention of universal hostility. [People vs. Lol-lo officers of the government, or acquires or
and Saraw] receives property taken by such pirates, or in
any manner derives any benefit therefrom; or
Jurisdiction who directly or indirectly abets the commission
The jurisdiction of piracy unlike all other crimes of piracy.
has no territorial limits. Pirates are in law hostes
humani generis. Piracy is a crime not against Also, it is expressly provided in the same section
any particular State but against all mankind. It that the offender shall be considered as an
may be punished in the competent tribunal of accomplice of the principal offenders and
any country where the offender may be found or punished in accordance with the Revised Penal
into which he may be carried. [People vs. Lol-lo Code.
and Saraw, supra]
146
This provision of PD No. 532 with respect to Paragraph 2 (Item 2 in letter D) specifically
piracy in Philippine waters has not been mentions “pirates” thereby excluding mutineers
incorporated into the RPC. Neither may it be from said paragraph. It would seem, however,
considered repealed by RA 7659 (An Act to that it should be in paragraph 1 (Item 1 in letter
Impose the Death Penalty on Certain Heinous D) where the word “pirates” should be
Crimes) since there is nothing in the specifically mentioned and not in paragraph 2,
amendatory law, which is inconsistent with said because in paragraph 1, the mutineers, being
section. already in the vessel, cannot seize the vessel by
boarding or firing upon the same. [Reyes, 2012]
RA 9372 (Human Security Act of 2007)
A person who commits an act punishable as Murder, rape, homicide, physical injuries are
piracy and mutiny under Article 122 thereby mere circumstances qualifying piracy and
sowing and creating a condition of widespread cannot be punished as separate crimes, nor can
and extraordinary fear and panic among the they be complexed with piracy.
populace, in order to coerce the government to
give in to an unlawful demand shall be guilty of SPECIAL LAW
the crime of terrorism.
PD 532: ANTI-PIRACY AND ANTI-
ARTICLE 123 - QUALIFIED PIRACY
HIGHWAY ROBBERY
Elements:
Definition of Terms
(a) The vessel is on the high seas or Philippine
Sec. 2. Definition of Terms. The following terms
waters
shall mean and be understood, as follows:
(b) Offenders are neither members of its
(a) Philippine Waters. It shall refer to all bodies
complement, or passengers of the vessel
of water, such as but not limited to, seas,
(c) Offenders either –
gulfs, bays around, between and connecting
(i) Attack or seize the vessel; or
each of the Islands of the Philippine
(ii) Seize the whole or part of its cargo, its
Archipelago, irrespective of its depth,
equipment, or personal belongings of
breadth, length or dimension, and all other
its crew or passengers
waters belonging to the Philippines by
(d) The preceding were committed under any of
historic or legal title, including territorial
the following circumstances:
sea, the sea-bed, the insular shelves, and
(i) Whenever they have seized a vessel by
other submarine areas over which the
boarding or firing upon the same;
Philippines has sovereignty or jurisdiction.
(ii) Whenever the pirates have abandoned
their victims without means of saving
(b) Vessel. Any vessel or watercraft used for
themselves; or
transport of passengers and cargo from one
(iii) Whenever the crime is accompanied by
place to another through Philippine Waters.
murder, homicide, physical injuries or
It shall include all kinds and types of vessels
rape
or boats used in fishing.
If any of the circumstances in Article 123 is
(c) Philippine Highway. It shall refer to any road,
present, piracy is qualified.
street, passage, highway and bridges or
other parts thereof, or railway or railroad
within the Philippines used by persons, or
147
vehicles, or locomotives or trains for the vessel, the mandatory penalty of death shall
movement or circulation of persons or be imposed.
transportation of goods, articles, or property (b) Highway Robbery/Brigandage. The penalty
or both. of reclusion temporal in its minimum period
shall be imposed. If physical injuries or
(d) Piracy. Any attack upon or seizure of any other crimes are committed during or on the
vessel, or the taking away of the whole or occasion of the commission of robbery or
part thereof or its cargo, equipment, or the brigandage, the penalty of reclusion
personal belongings of its complement or temporal in its medium and maximum
passengers, irrespective of the value thereof, periods shall be imposed. If kidnapping for
by means of violence against or intimidation ransom or extortion, or murder or homicide,
of persons or force upon things, committed or rape is committed as a result or on the
by any person, including a passenger or occasion thereof, the penalty of death shall
member of the complement of said vessel, be imposed.
in Philippine waters, shall be considered as
piracy. The offenders shall be considered as Sec. 4. Aiding pirates or highway
pirates and punished as hereinafter robbers/brigands or abetting piracy or highway
provided. robbery/brigandage. Any person who knowingly
and in any manner aids or protects pirates or
(e) Highway Robbery/Brigandage. The seizure highway robbers/brigands, such as giving them
of any person for ransom, extortion or other information about the movement of police or
unlawful purposes, or the taking away of other peace officers of the government, or
the property of another by means of acquires or receives property taken by such
violence against or intimidation of person or pirates or brigands or in any manner derives any
force upon things of other unlawful means, benefit therefrom; or any person who directly or
committed by any person on any Philippine indirectly abets the commission of piracy or
Highway. highway robbery or brigandage, shall be
considered as an accomplice of the principal
Punishable Acts offenders and be punished in accordance with
Sec. 3. Penalties. Any person who commits the Rules prescribed by the Revised Penal Code.
piracy or highway robbery/brigandage as herein
defined, shall, upon conviction by competent It shall be presumed that any person who does
court be punished by: any of the acts provided in this Section has
(a) Piracy. The penalty of reclusion temporal in performed knowingly, unless the contrary is
its medium and maximum periods shall be proven.
imposed. If physical injuries or other crimes
are committed as a result or on the occasion RA 6235: ANTI-HIJACKING LAW
thereof, the penalty of reclusion perpetua
shall be imposed. If rape, murder or Punishable Acts
homicide is committed as a result or on the Sec. 1. It shall be unlawful for any person to
occasion of piracy, or when the offenders compel a change in the course or destination of
abandoned the victims without means of an aircraft of Philippine registry, or to seize or
saving themselves, or when the seizure is usurp the control thereof, while it is in flight. An
accomplished by firing upon or boarding a aircraft is in flight from the moment all its
external doors are closed following
148
embarkation until any of such doors is opened (3) Republic Act No. 5207, (Atomic Energy
for disembarkation. Regulatory and Liability Act of 1968);
(4) Republic Act No. 6235 (Anti-Hijacking Law);
It shall likewise be unlawful for any person to (5) Presidential Decree No. 532 (Anti-piracy
compel an aircraft of foreign registry to land in and Anti-highway Robbery Law of 1974);
Philippine territory or to seize or usurp the and,
control thereof while it is within the said (6) Presidential Decree No. 1866, as amended
territory. (Decree Codifying the Laws on Illegal and
Unlawful Possession, Manufacture, Dealing
Sec. 3. It shall be unlawful for any person, in, Acquisition or Disposition of Firearms,
natural or juridical, to ship, load or carry in any Ammunitions or Explosives)
passenger aircraft operating as a public utility
within the Philippines, and explosive, thereby sowing and creating a condition of
flammable, corrosive or poisonous substance or widespread and extraordinary fear and panic
material. among the populace, in order to coerce the
government to give in to an unlawful demand
Sec. 4. The shipping, loading or carrying of any shall be guilty of the crime of terrorism and
substance or material mentioned in the shall suffer the penalty of forty (40) years of
preceding section in any cargo aircraft imprisonment, without the benefit of parole as
operating as a public utility within the provided for under Act No. 4103, otherwise
Philippines shall be in accordance with known as the Indeterminate Sentence Law, as
regulations issued by the Civil Aeronautics amended.
Administration
Who Are Liable
RA 9372: HUMAN SECURITY ACT OF 2007 Sec. 4. Conspiracy to Commit Terrorism.
Persons who conspire to commit the crime of
Sec. 3. Terrorism. Any person who commits an terrorism shall suffer the penalty of forty (40)
act punishable under any of the following years of imprisonment.
provisions of the Revised Penal Code:
(1) Article 122 (Piracy in General and Mutiny in There is conspiracy when two or more persons
the High Seas or in the Philippine Waters); come to an agreement concerning the
(2) Article 134 (Rebellion or Insurrection); commission of the crime of terrorism as defined
(3) Article 134-a (Coup d’état), including acts in Section 3 hereof and decide to commit the
committed by private persons; same.
(4) Article 248 (Murder);
(5) Article 267 (Kidnapping and Serious Illegal Sec. 5. Accomplice. Any person who, not being a
Detention); principal under Article 17 of the Revised Penal
(6) Article 324 (Crimes Involving Destruction), Code or a conspirator as defined in Section 4
hereof, cooperates in the execution of either the
or under crime of terrorism or conspiracy to commit
(1) Presidential Decree No. 1613 (The Law on terrorism by previous or simultaneous acts shall
Arson); suffer the penalty of from seventeen (17) years,
(2) Republic Act No. 6969 (Toxic Substances four (4) months one day to twenty (20) years of
and Hazardous and Nuclear Waste Control imprisonment.
Act of 1990);
149
Sec. 6. Accessory. Any person who, having

knowledge of the commission of the crime of
Title II. Crimes against
terrorism or conspiracy to commit terrorism,
and without having participated therein, either
Fundamental Laws of
as principal or accomplice under Articles 17 and the State
18 of the Revised Penal Code, takes part
subsequent to its commission in any of the
(1) Art. 124: Arbitrary Detention
following manner: (a) by profiting himself or
(2) Art. 125: Delay in the Delivery Of Detained
assisting the offender to profit by the effects of
Persons to the Proper Judicial Authorities
the crime; (b) by concealing or destroying the
(3) Art. 126: Delaying Release
body of the crime, or the effects, or instruments
(4) Art. 127: Expulsion
thereof, in order to prevent its discovery; (c) by
(5) Art. 128: Violation of Domicile
harboring, concealing, or assisting in the escape
(6) Art.129: Search Warrants Maliciously
of the principal or conspirator of the crime, shall
Obtained and Abuse in the Service of those
suffer the penalty of ten (10) years and one day
Legally Obtained
to twelve (12) years of imprisonment.
(7) Art. 130: Searching Domicile Without
Witnesses
Notwithstanding the above paragraph, the
(8) Art. 131: Prohibition, Interruption and
penalties prescribed for accessories shall not be
Dissolution of Peaceful Meetings
imposed upon those who are such with respect
(9) Art. 132: Interruption of Religious Worship
to their spouses, ascendants, descendants,
(10) Art. 133: Offending the Religious Feelings
legitimate, natural, and adopted brothers and
sisters, or relatives by affinity within the same
Crimes under this title are those that violate
degrees, with the single exception of
certain provisions of the Bill of Rights.
accessories falling within the provisions of
subparagraph (a).
All offenses under this title can only be
committed by public officers; except offending
SEC. 49. Prosecution Under This Act Shall be a
the religious feelings under Article 133, which
Bar to Another Prosecution under the Revised
can also be committed by a private person.
Penal Code or any Special Penal Laws. - When a
person has been prosecuted under a provision
A private person may be liable under these
of this Act, upon a valid complaint or
articles only when he:
information or other formal charge sufficient in
(1) Conspires with a public officer; or
form and substance to sustain a conviction and
(2) He becomes an accomplice or accessory to
after the accused had pleaded to the charge,
said crimes
the acquittal of the accused or the dismissal of
the case shall be a bar to another prosecution
ARTICLE 124 - ARBITRARY DETENTION
for any offense or felony which is necessarily
included in the offense charged under this Act.
Elements:
(a) Offender is a public officer or employee
(b) He detains a person
(c) Detention is without a legal ground
The Crime of Arbitrary Detention assumes

several forms:
150
(1) Detaining a person without legal grounds arbitrary detention. This is because he is a
[Article 124]; person in authority vested with jurisdiction to
(2) Having arrested the offended party for legal maintain peace and order within his barangay.
grounds but without warrant of arrest, and [Milo vs. Salanga (1987)]
the public officer does not deliver the
arrested person to the proper judicial There must be an actual restraint of liberty of
authority within the period of 12, 18, or 36 the offended party.
hours, as the case may be [Article 125]; or
(3) Delaying release by competent authority The crime committed is only grave or light
with the same period mentioned in number threats if the offended party may still go to the
2 [Article 126]. place where he wants to go, even though there
have been warnings.
Detention - actual confinement of a person in an
enclosure, or in any manner detaining and If the offender falsely imputes a crime against a
depriving him of his liberty. person to be able to arrest him and appear not
determined to file a charge against him, the
The detention of a person is without legal crime is arbitrary detention through unlawful
ground: arrest. [Boado, Comprehensive Reviewer in
(1) when he has not committed any crime or, at Criminal Law]
least, there is no reasonable ground for
suspicion that he has committed a crime, or A case where a DENR team was invited to
(2) when he is not suffering from violent Mayor Astorga’s house from 5:30pm to 2:30am
insanity or any other ailment requiring for dinner and drinks, does not fall under
compulsory confinement in a hospital. Arbitrary Detention. Absent any physical
restraint, an element of the said crime is fear.
A public officer is deemed such when he is No record on evidence showed that the mayor
acting within the bounds of his official authority instilled fear into the minds of the DENR team
or function. while they were in the Mayor’s house. [Astorga
vs. People (2004)]
A police officer who employs force in excess of
what is necessary is acting outside the bounds Arrest without warrant is the usual cause of
of his duties and is considered acting in his arbitrary detention.
private capacity. [Boado, Comprehensive
Reviewer in Criminal Law]
Rules of court. Rule 113, Section 5. Arrest without
In the crime of arbitrary detention, although the warrant; when lawful. — A peace officer or a
offender is a public officer, not any public officer private person may, without a warrant, arrest a
can commit this crime. Only those public person:
officers whose official duties carry with it the
authority to make an arrest and detain persons (a) When, in his presence, the person to be
can be guilty of this crime. arrested has committed, is actually
committing, or is attempting to commit an
In a case decided by the Supreme Court, a offense;
Barangay Chairman who unlawfully detains (b) When an offense has just been committed,
another was held to be guilty of the crime of and he has probable cause to believe based
151
on personal knowledge of facts or

circumstances that the person to be
arrested has committed it; and
(c) When the person to be arrested is a prisoner
who has escaped from a penal
establishment or place where he is serving
final judgment or is temporarily confined
while his case is pending, or has escaped
while being transferred from one
confinement to another.
In cases falling under paragraph (a) and (b)

above, the person arrested without a warrant
shall be forthwith delivered to the nearest
police station or jail and shall be proceeded
against in accordance with section 7 of Rule 112.
Difference between Arbitrary Detention, Illegal Detention and Unlawful Arrest

Arbitrary Detention Illegal Detention Unlawful Arrest
Offender Public officer who has (1) Private person; or Any person
authority to make arrests and (2) Public officer who is
detain persons acting in a private
capacity or beyond the
scope of his official duty
Criminal Violate the offended party’s Deprive the offended party of Accuse the offended party of
Intent constitutional freedom his personal liberty a crime he did not commit,
against warrantless arrest deliver him to the proper
authority, and file the
necessary charges to
incriminate him
ARTICLE 125 - DELAY IN THE DELIVERY (ii) 18 hours for correctional penalties
OF DETAINED PERSONS TO THE PROPER (iii) 36 hours for afflictive or capital
JUDICIAL AUTHORITIES penalties
Elements: This is applicable only when the arrest is

(a) Offender is a public officer or employee without a warrant, but the arrest must be lawful.
(b) He detains a person for some legal ground
(c) He fails to deliver such person to the proper At the beginning, the detention is legal since it
judicial authorities within – is in the pursuance of a lawful arrest. Detention
(i) 12 hours for light penalties becomes arbitrary when the:
(1) Applicable period lapses
152
(2) Without the arresting officer filing a formal Notwithstanding the waiver, he may apply for
charge with the proper court. bail and the investigation must be terminated
within fifteen days from its inception. [Sec. 7, par.
The periods stated are counted only when the 2, Rule 112 of the Revised Rules of Criminal
prosecutor’s office is ready to receive the Procedure]
complaint or information. Nighttime is not
included in the period. ARTICLE 126 - DELAYING RELEASE
“Delivery” means the filing of correct Elements:

information with the proper court (or (a) Offender is a public officer or employee
constructive delivery – turning over the person (b) There is a:
arrested to the jurisdiction of the court). The (i) Judicial or executive order for the release
purpose is to determine whether the offense is of a prisoner or detention prisoner, or
bailable or not. (Upon delivery, judge or court (ii) A proceeding upon a petition for the
acquires jurisdiction to issue an order of release liberation of such person
or of commitment of prisoner.) [Sayo vs. Chief of (c) Offender without good reason delays –
Police (1948)] (i) The service of the notice of such order to
the prisoner
The elements of custodial investigation are: (ii) The performance of such judicial or
(a) The suspect is deprived of liberty in any executive order for the release of the
significant manner; prisoner; or
(b) The interrogation is initiated by law (iii) The proceedings upon a petition for the
enforcement authorities; release of such person
(c) The interrogation is inculpatory in character.
[People vs. Tan (1998)] Wardens and jailers are the public officers most
likely to violate Article 126
Where the invitation comes from a powerful
group composed predominantly of ranking ARTICLE 127 – EXPULSION
military officers and the designated
interrogation site is a military camp, the same Elements:
can be easily taken not as a strictly voluntary (a) Offender is a public officer or employee
invitation. It is an authoritative command that (b) He either –
one can only defy at one’s peril. [Sanchez vs. (i) Expels any person from the Philippines;
Demetriou (1993)] or
(ii) Compels a person to change residence
Detained person should be released when a (c) Offender is not authorized to do so by law
judge is not available. [Albior vs. Aguis (2003)]
The city mayor of Manila committed the crime
Waiver of the provisions of Article 125 of expulsion when he ordered certain
Before the complaint or information is filed, the prostitutes to be transferred to Davao WITHOUT
person arrested may ask for a preliminary observing due process since they have not been
investigation in accordance with Rule 112 of the charged with any crime. [Villavicencio vs. Lukban
Revised Rules of Criminal Procedure, but he (1919)]
must sign a waiver of the provisions of Article
125 of the RPC in the presence of his counsel. ARTICLE 128 - VIOLATION OF DOMICILE
153
[M]ere suspicion or a hunch will not validate a

Acts punished: "stop and frisk." A genuine reason must exist,
(1) Entering any dwelling against the will of the in light of the police officer's experience and
owner thereof surrounding conditions, to warrant the belief
(2) Searching papers or other effects found that the person detained has weapons
therein without the previous consent of such concealed about him. Finally, a "stop-and-frisk"
owner, or serves a two-fold interest:
(3) Refusing to leave the premises, after having
surreptitiously entered said dwelling and (1) The general interest of effective crime
after having been required to leave the prevention and detection, which underlies
same the recognition that a police officer may,
under appropriate circumstances and in an
Elements common to the three acts: appropriate manner, approach a person for
(a) Offender is a public officer or employee purposes of investigating possible criminal
(b) He is not authorized by judicial order – behavior even without probable cause; and
(i) To enter the dwelling; (2) The more pressing interest of safety and
(ii) To make a search therein for papers or self-preservation which permit the police
other effects; or officer to take steps to assure himself that
(iii) He refuses to leave, after having the person with whom he deals is not armed
surreptitiously entered such dwelling with a deadly weapon that could
and been required to leave the same unexpectedly and fatally be used against
the police officer. [Malacat vs. CA (1997)]
Qualifying circumstances:
(1) Nighttime “Against the will” means that the offender
(2) Papers or effects not constituting evidence ignored the prohibition of the owner which may
of a crime are not returned immediately be express or implied as when the door is closed
after the search made by the offender even though not locked. [Boado, Comprehensive
Reviewer in Criminal Law]
Rule 113 Of The Revised Rules Of Court: a public
officer who breaks into the premises incurs no The offender must be a public officer or
liability when a person to be arrested enters employee. If the offender is a private individual
said premises and closes it thereafter, provided then the crime is trespass to dwelling under
that the officer first gives a notice of arrest. Article 280.
According to People vs. Doria (1999) and People ARTICLE 129 - SEARCH WARRANTS
vs. Elamparo (2000), the following are the MALICIOUSLY OBTAINED, AND ABUSE IN
accepted exceptions to the warrant THE SERVICE OF THOSE LEGALLY
requirement:
OBTAINED
(1) Search incidental to an arrest;
(2) Search of moving vehicles;
Procuring a search warrant without just cause:
(3) Evidence in plain view;
(4) Stop and frisk;
(b) He procures a search warrant
(5) Customs searches; and
(c) There is no just cause
(6) Consented warrantless search.
154
Exceeding authority or using unnecessary (1) He is refused admittance to the place of

severity in executing a search warrant legally directed search;
procured: (2) His purpose is to execute the warrant to
(a) Offender is a public officer or employee liberate himself or any person lawfully
(b) He has legally procured a search warrant aiding him when unlawfully detained
(c) He exceeds his authority or uses therein; and
unnecessary severity in executing the same (3) He has given notice of his purpose and
authority.
ARTICLE 130 - SEARCHING DOMICILE
WITHOUT WITNESSES The warrant must direct that it be served in the
daytime. However, it can be served at any time
Elements: of the day or night when the affidavit asserts
(a) Offender is a public officer or employee that the property is on the person or in the place
(b) He is armed with search warrant legally ordered to be searched.
procured
(c) He searches the domicile, papers or other A search warrant shall be valid for ten (10) days
belongings of any person from its date. Thereafter, it shall be void.
(d) The owner, or any members of his family, or
two witnesses residing in the same locality The officer seizing the property under the
are not present warrant must give a detailed receipt for the
same to the lawful occupant of the premises in
Rule 126: Search and Seizure whose presence the search and seizure were
A search warrant is an order in writing - made.
(1) Signed by a judge
(2) Directed to a peace officer, commanding In the absence of such occupant, the officer
him to search for personal property must:
described therein and bring it before the (1) Leave a receipt in the place in which he
court found the seized property;
(2) In the presence of at least two witnesses of
Requisites for issuing a search warrant: sufficient age and discretion residing in the
(a) Probable cause, in connection with one same locality.
specific offense, to be determined
personally by the judge after examination ARTICLE 131 - PROHIBITION,
under oath or affirmation of the INTERRUPTION AND DISSOLUTION OF
complainant and the witness he may PEACEFUL MEETINGS
produce
(b) Particular description of: Elements:
(i) Place to be searched; and (a) Offender is a public officer or employee
(ii) Things to be seized which may be (b) He performs any of the following acts:
anywhere in the Philippines (i) Prohibiting or interrupting, without
legal ground, the holding of a peaceful
An officer may break open any outer or inner meeting, or by dissolving the same
door or window of a house or any part of a (ii) Hindering any person from joining any
house or anything therein when these lawful association, or from attending
circumstances concur: any of its meetings
155
(iii) Prohibiting or hindering any person ARTICLE 133 - OFFENDING THE

from addressing, either alone or RELIGIOUS FEELINGS
together with others, any petition to the
authorities for the correction of abuses Elements:
or redress of grievances (a) Acts complained of were performed
(i) in a place devoted to religious worship,
The government has a right to require a permit or
before any gathering can be made. However, (ii) during the celebration of any religious
the government only has regulatory, not ceremony
prohibitory, powers with regard to such (b) The acts must be notoriously offensive to
requirement. the feelings of the faithful
The permit should state the day, time, and In the phrase “in a place devoted to religious
place of the gathering. worship,” it is not necessary that there is a
religious ceremony going on when the offender
If the permit is denied arbitrarily, OR the officer performs acts notoriously offensive to the
dictates the place where the meeting is to be feelings of the faithful. The phrase “during the
held, this article is violated. celebration” is separated by the word “or” from
the phrase “place devoted to religious worship,”
If in the course of the assembly, which started which indicates that the “religious ceremony”
out peacefully, the participants committed need not be celebrated in a place of worship.
illegal acts like oral defamation or inciting to [Reyes (2012)]
sedition, a public officer or law enforcer can
stop or dissolve the meeting. An act is notoriously offensive to the religious
feelings when a person:
Two criteria to determine whether this article (1) Ridicules or makes light of anything
would be violated: constituting religious dogma
(1) Dangerous tendency rule – applied during (2) Works or scoffs at anything devoted to
times of national unrest such as to prevent religious ceremonies
coup d’état. (3) Plays with or damages or destroys any
(2) Clear and present danger rule – applied object of veneration of the faithful
during times of peace. Stricter rule.
WON an act is offensive to the religious feelings,
ARTICLE 132 - INTERRUPTION OF is a question of fact which must be adjudged
RELIGIOUS WORSHIP only according to the feelings of the Catholics
and not those of other faithful ones. [People vs.
Elements: Baes (1939)]
(b) Religious ceremonies or manifestations of Laurel Dissent in People vs. Baes: Offense to
any religion are about to take place or are religious feelings should not be made to depend
going on upon the more or less broad or narrow
(c) Offender prevents or disturbs the same conception of any given particular religion, but
should be gauged having in view the nature of
Qualifying circumstance: if the crime is the acts committed and after scrutiny of all the
committed with violence or threats. facts and circumstance which should be viewed
156
through the mirror of an unbiased judicial the duty of the judge, among other things, to
criterion. (Note: This later became the majority ascertain the identity of the police or law
decision in People vs. Tengson) enforcement personnel and the person or
persons they have arrested and presented
The crime is only UNJUST VEXATION when the before him or her, to inquire of them the
act is NOT directed at the religious belief itself reasons why they have arrested the person and
and there is no intention of causing so serious a determine by questioning and personal
disturbance as to interrupt a religious ceremony. observation whether or not the suspect has
[People vs. Nanoy] been subjected to any physical, moral or
psychological torture by whom and why. The
SPECIAL LAWS judge shall then submit a written report of what
he/she had observed when the subject was
RA 9372: HUMAN SECURITY ACT brought before him to the proper court that has
jurisdiction over the case of the person thus
Period of Detention arrested. the judge shall forthwith submit
Sec. 18. Period of Detention Without Judicial his/her report within three (3) calendar days
Warrant of Arrest. The provisions of Article 125 from the time the suspect was brought to
of the Revised Penal Code to the contrary his/her residence or office.
notwithstanding, any police or law enforcement
personnel, who, having been duly authorized in Immediately after taking custody of a person
writing by the Anti-Terrorism Council has taken charged with or suspected of the crime of
custody of a person charged with or suspected terrorism or conspiracy to commit terrorism, the
of the crime of terrorism or the crime of police or law enforcement personnel shall notify
conspiracy to commit terrorism shall, without in writing the judge of the court nearest the
incurring any criminal liability for delay in the place of apprehension or arrest: Provided, That
delivery of detained persons to the proper where the arrest is made during Saturdays,
judicial authorities, deliver said charged or Sundays, holidays or after office hours, the
suspected person to the proper judicial written notice shall be served at the residence of
authority within a period of three (3) days the judge nearest the place where the accused
counted from the moment the said charged or was arrested.
suspected person has been apprehended or
arrested, detained, and taken into custody by The penalty of ten (10) years and one day to
the said police, or law enforcement personnel: twelve (12) years of imprisonment shall be
Provided, That the arrest of those suspected of imposed upon the police or law enforcement
the crime of terrorism or conspiracy to commit personnel who fails to notify any judge as
terrorism must result from the surveillance provided in the preceding paragraph.
under Section 7 and examination of bank
deposits under Section 27 of this Act. Sec. 19. Period of Detention in the Event of an
Actual or Imminent Terrorist Attack. In the event
The police or law enforcement personnel of an actual or imminent terrorist attack,
concerned shall, before detaining the person suspects may not be detained for more than
suspected of the crime of terrorism, present him three (3) days without the written approval of a
or her before any judge at the latter’s residence municipal, city, provincial or regional official of
or office nearest the place where the arrest took a Human Rights Commission or judge of the
place at any time of the day or night. It shall be municipal, regional trial court, the
157
Sandiganbayan or a justice of the Court of (5) The submersion of the head in water or
Appeals nearest the place of the arrest. If the water polluted with excrement, urine,
arrest is made during Saturdays, Sundays, vomit and/or blood until the brink of
holidays or after office hours, the arresting suffocation;
police or law enforcement personnel shall bring (6) Being tied or forced to assume fixed and
the person thus arrested to the residence of any stressful bodily position;
of the officials mentioned above that is nearest (7) Rape and sexual abuse, including the
the place where the accused was arrested. The insertion of foreign objects into the sex
approval in writing of any of the said officials organ or rectum, or electrical torture of
shall be secured by the police or law the genitals;
enforcement personnel concerned within five (5) (8) Mutilation or amputation of the
days after the date of the detention of the essential parts of the body such as the
persons concerned: Provided, however, That genitalia, ear, tongue, etc.;
within three (3) days after the detention the (9) Dental torture or the forced extraction
suspects, whose connection with the terror of the teeth;
attack or threat is not established, shall be (10) Pulling out of fingernails;
released immediately. (11) Harmful exposure to the elements such
as sunlight and extreme cold;
RA 9745: ANTI-TORTURE ACT (12) The use of plastic bag and other
materials placed over the head to the
Punishable Acts point of asphyxiation;
Sec. 4. Acts of Torture. - For purposes of this Act, (i) The administration or drugs to
torture shall include, but not be limited to, the induce confession and/or reduce
following: mental competency; or
(a) Physical torture is a form of treatment or (ii) The use of drugs to induce extreme
punishment inflicted by a person in pain or certain symptoms of a
authority or agent of a person in authority disease; and
upon another in his/her custody that causes (13) Other analogous acts of physical
severe pain, exhaustion, disability or torture; and
dysfunction of one or more parts of the body,
such as: (b) "Mental/Psychological Torture" refers to acts
(1) Systematic beating, headbanging, committed by a person in authority or agent
punching, kicking, striking with of a person in authority which are calculated
truncheon or rifle butt or other similar to affect or confuse the mind and/or
objects, and jumping on the stomach; undermine a person's dignity and morale,
(2) Food deprivation or forcible feeding such as:
with spoiled food, animal or human (1) Blindfolding;
excreta and other stuff or substances (2) Threatening a person(s) or his/her
not normally eaten; relative(s) with bodily harm, execution
(3) Electric shock; or other wrongful acts;
(4) Cigarette burning; burning by (3) Confinement in solitary cells or secret
electrically heated rods, hot oil, acid; by detention places;
the rubbing of pepper or other chemical (4) Prolonged interrogation;
substances on mucous membranes, or
acids or spices directly on the wound(s);
158
(5) Preparing a prisoner for a "show trial", or punishment as criminal acts shall apply to all
public display or public humiliation of a circumstances. A state of war or a threat of war,
detainee or prisoner; internal political instability, or any other public
(6) Causing unscheduled transfer of a emergency, or a document or any determination
person deprived of liberty from one comprising an "order of battle" shall not and
place to another, creating the belief that can never be invoked as a justification for
he/she shall be summarily executed; torture and other cruel, inhuman and degrading
(7) Maltreating a member/s of a person's treatment or punishment.
family;
(8) Causing the torture sessions to be Sec. 7. Prohibited Detention. - Secret detention
witnessed by the person's family, places, solitary confinement, incommunicado or
relatives or any third party; other similar forms of detention, where torture
(9) Denial of sleep/rest; may be carried out with impunity are hereby
(10) Shame infliction such as stripping the prohibited.
person naked, parading him/her in
public places, shaving the victim's head In which case, the Philippine National Police
or putting marks on his/her body (PNP), the Armed Forces of the Philippines
against his/her will; (AFP) and other law enforcement agencies
(11) Deliberately prohibiting the victim to concerned shall make an updated list of all
communicate with any member of detention centers and facilities under their
his/her family; and respective jurisdictions with the corresponding
(12) Other analogous acts of data on the prisoners or detainees incarcerated
mental/psychological torture. or detained therein such as, among others,
names, date of arrest and incarceration, and the
Sec. 5. Other Cruel, Inhuman and Degrading crime or offense committed. This list shall be
Treatment or Punishment. - Other cruel, made available to the public at all times, with a
inhuman or degrading treatment or punishment copy of the complete list available at the
refers to a deliberate and aggravated treatment respective national headquarters of the PNP
or punishment not enumerated under Section 4 and AFP. A copy of the complete list shall
of this Act, inflicted by a person in authority or likewise be submitted by the PNP, AFP and all
agent of a person in authority against another other law enforcement agencies to the
person in custody, which attains a level of Commission on Human Rights (CHR), such list
severity sufficient to cause suffering, gross to be periodically updated, by the same
humiliation or debasement to the latter. The agencies, within the first five (5) days of every
assessment of the level of severity shall depend month at the minimum. Every regional office of
on all the circumstances of the case, including the PNP, AFP and other law enforcement
the duration of the treatment or punishment, its agencies shall also maintain a similar list far all
physical and mental effects and, in some cases, detainees and detention facilities within their
the sex, religion, age and state of health of the respective areas, and shall make the same
victim. available to the public at all times at their
respective regional headquarters, and submit a
Sec. 6. Freedom from Torture and Other Cruel, copy, updated in the same manner provided
Inhuman and Degrading Treatment or above, to the respective regional offices of the
Punishment, An Absolute Right. - Torture and CHR.
other cruel, inhuman and degrading treatment
159
Who Are Liable Any public officer or employee shall be liable as

Sec. 13. Who are Criminally Liable. - Any person an accessory if he/she has knowledge that
who actually participated or induced another in torture or other cruel, inhuman and degrading
the commission of torture or other cruel, treatment or punishment is being committed
inhuman and degrading treatment or and without having participated therein, either
punishment or who cooperated in the execution as principal or accomplice, takes part
of the act of torture or other cruel, inhuman and subsequent to its commission in any of the
degrading treatment or punishment by previous following manner:
or simultaneous acts shall be liable as principal. (a) By themselves profiting from or assisting the
offender to profit from the effects of the act
Any superior military, police or law enforcement of torture or other cruel, inhuman and
officer or senior government official who issued degrading treatment or punishment;
an order to any lower ranking personnel to (b) By concealing the act of torture or other
commit torture for whatever purpose shall be cruel, inhuman and degrading treatment or
held equally liable as principals. punishment and/or destroying the effects or
instruments thereof in order to prevent its
The immediate commanding officer of the unit discovery; or (c) By harboring, concealing or
concerned of the AFP or the immediate senior assisting the escape of the principal/s in the
public official of the PNP and other law act of torture or other cruel, inhuman and
enforcement agencies shall be held liable as a degrading treatment or punishment:
principal to the crime of torture or other cruel or Provided, That the accessory acts are done
inhuman and degrading treatment or with the abuse of the official's public
punishment for any act or omission, or functions.
negligence committed by him/her that shall
have led, assisted, abetted or allowed, whether
directly or indirectly, the commission thereof by
his/her subordinates. If he/she has knowledge
Title III. Crimes against
of or, owing to the circumstances at the time, Public Order
should have known that acts of torture or other
cruel, inhuman and degrading treatment or
(1) Article 134 - Rebellion/Insurrection
punishment shall be committed, is being
(2) Article 134-A - Coup d’État
committed, or has been committed by his/her
(3) Article 135 - Penalty for Rebellion,
subordinates or by others within his/her area of
Insurrection or Coup d’État
responsibility and, despite such knowledge, did
(4) Article 136 - Conspiracy and Proposal to
not take preventive or corrective action either
Commit Coup d’État, Rebellion or
before, during or immediately after its
Insurrection
commission, when he/she has the authority to
(5) Article 137 - Disloyalty of Public Officers or
prevent or investigate allegations of torture or
Employees
other cruel, inhuman and degrading treatment
(6) Article 138 - Inciting to Rebellion or
or punishment but failed to prevent or
Insurrection
investigate allegations of such act, whether
(7) Article 139 – Sedition
deliberately or due to negligence shall also be
(8) Article 141 - Conspiracy to Commit Sedition
liable as principals.
(9) Article 142 – Inciting to Sedition
(10) Article 140 - Persons Liable for Sedition
160
(11) Article 143 - Acts Tending to Prevent the (i) To remove from the allegiance to the
Meeting of the Congress of the Philippines government or its laws the Philippine
and Similar Bodies territory or any part thereof, or any body
(12) Article 144 - Disturbance of Proceedings of land, naval, or other armed forces; or
(13) Article 145 - Violation of Parliamentary (ii) To deprive the Chief Executive or
Immunity Congress, wholly or partially, of any of
(14) Article 146 - Illegal Assemblies their powers or prerogatives.
(15) Article 147 - Illegal Associations
(16) Article 148 - Direct Assault Rule on Complexing of Rebellion: Rebellion
(17) Article 149 - Indirect Assault cannot be complexed with, but absorbs other
(18) Article 150 - Disobedience to Summons crimes committed in furtherance of rebellion.
Issued by Congress, Its Committees or There is no complex crime of rebellion with
Subcommittees, by the Constitutional murder and other common crimes.
Commissions, Its Committees,
Subcommittees or Divisions The doctrine laid down in People v. Hernandez
(19) Article 153 - Tumults and Other remains good law. This prohibits the
Disturbances of Public Order complexing of rebellion with any other offense
(20) Article 151 - Resistance and committed in the occasion thereof, either as a
Disobedience to a Person in Authority or the means to its commission or as an unintended
Agents of Such Persons effect of an activity that constitutes rebellion.
(21) Article 154 - Unlawful Use of Means of [Enrile vs. Salazar (1990)]
Publication and Unlawful Utterances
(22) Article 156 - Delivering Persons from All crimes, whether punishable under special or
Jail general law, which are mere components or
(23)Article 155 - Alarms and Scandals ingredients, or committed in furtherance
(24) Article 157 - Evasion of Service of thereof, become absorbed in the crime of
Sentence rebellion and cannot be isolated and charged as
(25) Article 159 - Other Cases of Evasion of separate crimes themselves. [Enrile vs. Amin
Service of Sentence (1990)]
(26) Article 158 - Evasion of Service of
Sentence on the Occasion of Disorders, Both motive and overt acts are essential
Conflagrations, Earthquakes, or Other components of the crime of rebellion. If the
Calamities political motive of a supposedly rebellious act
(27) Article 160 - Quasi Recidivism cannot be sufficiently proven, the accused
should be convicted of the common crime (e.g.
CHAPTER I. REBELLION, COUP murder) and not of rebellion.
D’ETAT, SEDITION AND DISLOYALTY
Rebellion is not covered by Art. 2 on
extraterritorial jurisdiction. [People v. Lovedioro
ARTICLE 134 - REBELLION
(1995)]
/INSURRECTION
Elements:
(a) There is a public uprising and taking arms
against the government;
(b) The purpose of the uprising or movement is:
161
Rebellion vs. Insurrection ARTICLE 134-A - COUP D’ÉTAT

Rebellion Insurrection
Elements:
Object is to completely A movement seeking
(a) Offender is a person or persons belonging
overthrow and to effect some change
to the military or police or holding any
supplant the existing of minor importance or
public office or employment;
government to prevent the exercise
(b) It is committed by means of a swift attack
of governmental
accompanied by violence, intimidation,
authority with respect
threat, strategy or stealth;
to particular matters or
(c) The attack is directed against the duly
subjects
constituted authorities of the Republic of
the Philippines, or any military camp or
Rebellion vs. Treason installation, communication networks,
Rebellion Treason public utilities or other facilities needed for
The levying of war The levying of war the exercise and continued possession of
against the against the power;
government during government would (d) The purpose of the attack is to seize or
peace time for any constitute treason diminish state power.
purpose mentioned in when performed to aid
Art. 134 the enemy; it would Persons who may commit coup d’état:
also constitute (1) It may be committed singly or collectively
adherence to the (2) Requires as a principal offender a member
enemy, giving him aid of the AFP, PNP, or a public officer with or
and comfort without civilian support
Always involves taking Mere adherence to the Coup d’état, when considered as Terrorism
up arms against the enemy giving him aid A person who commits an act punishable as
government. and comfort coup d’état under Article 134-A of the Revised
Penal Code, including acts committed by
Note: No crime of misprision of rebellion. private persons, thereby sowing and creating a
condition of widespread and extraordinary fear
Rebellion vs. Sedition and panic among the populace, in order to
Rebellion Sedition coerce the government to give in to an unlawful
demand shall be guilty of the crime of terrorism.
There must be taking It is sufficient that the
up of arms against the public uprising be
ARTICLE 135 - PENALTY FOR REBELLION,
government. tumultuous.
INSURRECTION OR COUP D’ÉTAT
The purpose is always The purpose may be
political. political or social. Persons liable for rebellion, insurrection or coup
d’état
Note: When any of the objectives of rebellion is (1) The leaders:
pursued but there is no public uprising in the (a) Any person who promotes, maintains or
legal sense, the crime is direct assault of the first heads a rebellion or insurrection; or
form.
162
(b) Any person who leads, directs or Mode 2: Proposal to commit coup d’état,
commands others to undertake a coup rebellion or insurrection
d’état;
(2) The participants: Elements:
(a) Any person who participates or executes (a) A person has decided to swiftly attack or to
the commands of others in rebellion or rise publicly and take arms against the
insurrection; Government for any of the purposes of
(b) Any person in the government service rebellion or insurrection;
who participates or executes directions (b) Such person proposes its execution to some
or commands of others in undertaking a other person or persons.
coup d’état;
(c) Any person not in the government ARTICLE 137 - DISLOYALTY OF PUBLIC
service who participates, supports, OFFICERS OR EMPLOYEES
finances, abets or aids in undertaking a
coup d’état. Elements:
(d) If under the command of unknown (a) Offender is a public officer or employee;
leaders, any person who directed the (b) Offender commits any of the following acts:
others, spoke for them, signed receipts (i) Failing to resist a rebellion by all the
and other documents issued in their means in their power;
name on behalf of the rebels shall be (ii) Continuing to discharge the duties of
deemed a leader. their offices under the control of the
rebels
It is not a defense in rebellion that the accused (iii) Accepting appointment to office under
never took the oath of allegiance to, or that they them.
never recognized the Government. [US vs. del
Rosario] The crime presupposes rebellion committed by
other persons. Offender must not be in
Mere silence or omission is not punishable in conspiracy with the rebels, otherwise, he is
rebellion. [US vs. Ravidas] himself guilty of rebellion.
ARTICLE 136 - CONSPIRACY AND ARTICLE 138 - INCITING TO REBELLION

PROPOSAL TO COMMIT COUP D’ ÉTAT, OR INSURRECTION
REBELLION OR INSURRECTION
Elements:
Mode 1: Conspiracy to commit coup d’état, (a) Offender does not take arms or is not in
rebellion or insurrection open hostility against the government;
(b) He incites others to the execution of any of
Elements: the acts of rebellion;
(a) Two or more persons come to an agreement (c) The inciting is done by means of speeches,
to swiftly attack or to rise publicly and take proclamations, writings, emblems, banners
arms against the Government for any of the or other representations tending to the
purposes of rebellion or insurrection; same end.
(b) They decide to commit it.
Note: There is no crime of inciting to treason.
163
Inciting to Rebellion vs. Proposal to Commit the national government of all its
Rebellion property or any part thereof
Proposal to Commit
Inciting to Rebellion Tumultuous - If caused by more than three
Rebellion
persons who are armed or provided with the
The offender induces another to commit
means of violence. [Art. 163]
rebellion. Rebellion should not be actually
committed by the persons to whom it is
The purpose of this crime is not the
proposed or who are incited. Otherwise, they
overthrowing of the government but the
become principals by inducement in the crime
violation of public peace.
of rebellion.
The person who There is no need that Public uprising and an object of sedition must
proposes has decided the offender has concur
to commit rebellion. decided to commit
rebellion. Under R.A. 8294 (Act Amending PD No. 1866 or
The person who The act of inciting is the Firearms Law), sedition absorbs the use of
proposes the execution done publicly. unlicensed firearm as an element thereof; hence,
of the crime uses secret it is not an aggravating circumstance, and the
means. offender can no longer be prosecuted for illegal
possession of firearm. [Boado, Comprehensive
ARTICLE 139 - SEDITION Conspiracy Proposal

When two or more When the person who
Elements: persons come to an has decided to rise
(a) Offenders rise publicly and tumultuously; agreement to rise publicly and take arms
(b) Offenders employ force, intimidation, or publicly and take arms against the
other means outside of legal methods; against government for government for any of
(c) Purpose is to attain any of the following any of the purposes of the purposes of
objects: rebellion and decide to rebellion proposes its
(i) To prevent the promulgation or commit it execution to some
execution of any law or the holding of other person or
any popular election; persons
(ii) To prevent the national government or Reviewer in Criminal Law]
any provincial or municipal government
or any public officer from exercising its If the violation of RA 10591 (Comprehensive
or his functions, or prevent the Firearms and Ammunition Regulation Act) is in
execution of an administrative order; furtherance of, or incident to, or in connection
(iii) To inflict any act of hate or revenge with the crime of rebellion of insurrection, or
upon the person or property of any attempted coup d’état, such violation shall be
public officer or employee; absorbed as an element of the crime of
(iv) To commit, for any political or social rebellion or insurrection, or attempted coup
end, any act of hate or revenge against d’état [Sec. 29, RA 10591]
private persons or any social classes;
(v) To despoil for any political or social end,
any person, municipality or province, or
164
Sedition vs. Rebellion ARTICLE 141 - CONSPIRACY TO COMMIT

Sedition Rebellion SEDITION
There must be a public uprising.
Elements:
It is sufficient that the There must be taking (a) Two or more persons come to an agreement
public uprising is up of arms against the and a decision to rise publicly and
tumultuous. government. tumultuously to attain any of the objects of
The purpose of the The purpose of the sedition;
offenders may be offenders is always (b) They decide to commit it.
political or social political.
Note: There is no proposal to commit sedition.
Sedition vs. Coup d’état
Sedition Coup d’état
ARTICLE 142 – INCITING TO SEDITION
There is no distinction Offender belongs to Mode1. Inciting others to the accomplishment of

as to who may commit; the military or police or any of the acts which constitute sedition by
a private individual holding any public means of speeches, proclamations, writings,
may commit the office or employment emblems, etc.
offense
Primary purpose is to To seize or to diminish Elements:
disturb public peace state power (a) Offender does not take direct part in the
crime of sedition;
Sedition vs. Treason (b) He incites others to the accomplishment of
any of the acts which constitute sedition by
Sedition Treason
means of speeches, proclamations, writings,
It is the raising of It is the violation by a emblems, cartoons, banners, or other
commotions or subject of his representations tending towards the same
disturbances in the allegiance to his end.
State. sovereign.
Mode 2. Uttering seditious words or
In one case, a friction between the Philippine speeches which tend to disturb the public peace;
constabulary and the Manila police escalated
and resulted in the deaths of 6 policemen and 2 Mode 3. Writing, publishing, or
civilians and in the serious injuries of 3 civilians. circulating scurrilous libels against the
The Court held that unlike the crime of rebellion, government or any of the duly constituted
common crimes committed in the occasion of authorities thereof, which tend to disturb the
sedition are to be appreciated as separate public peace.
crimes. [People vs. Cabrera (1922)]
Elements:
ARTICLE 140 - PERSONS LIABLE FOR (a) Offender does not take part in the crime of
SEDITION sedition.
(b) He uttered words or speeches and writing,
(1) The leader of the sedition; publishing or circulating scurrilous libels
(2) Other person participating in the sedition and that
165
(i) Tend to disturb or obstruct any lawful [Espuelas vs. People, supra]
officer in conducting the functions of his
office; Constitutional Tests relative to seditious words:
(ii) Tend to instigate others to cabal and Clear and Present Danger Rule:
meet together for unlawful purposes; The words must be of such nature that by
(iii) Suggest or incite rebellious conspiracies uttering them there is a danger of a public
or riots; or uprising and that such danger should be both
(iv) Lead or tend to stir up the people clear and imminent. The danger must not only
against the lawful authorities or to be probable but very likely inevitable.
disturb the peace of the community, the
safety and order of the government Dangerous Tendency Rule:
If the words used tend to create a danger of
Considering that the objective of sedition is to public uprising, then those words could properly
express protest against the government and in be the subject of a penal clause
the process creating hate against public officers,
any act that will generate hatred against the CHAPTER II - CRIMES AGAINST
government or a public officer concerned or a
POPULAR REPRESENTATION
social class may amount to Inciting to Sedition.
The essence of seditious libel is its immediate

ARTICLE 143 - ACTS TENDING TO
tendency to stir up general discontent to the PREVENT THE MEETING OF THE
pitch of illegal courses or to induce people to CONGRESS OF THE PHILIPPINES AND
resort to illegal methods in order to redress the SIMILAR BODIES
evils which press upon their minds. [Espuelas vs.
People] Elements:
(a) There is a projected or actual meeting of
Scurrilous - low, vulgar, mean or foul Congress or any of its committees or
subcommittees, constitutional committees
A published writing which calls the government or divisions thereof, or of any provincial
one of crooks and dishonest persons ("dirty") board or city or municipal council or board;
infested with Nazis and Fascists i.e. dictators, (b) Offender, who may be any person, prevents
and which reveals a tendency to produce such meetings by force or fraud.
dissatisfaction or a feeling incompatible with
the disposition to remain loyal to the Nobody has the right to dissolve by means of
government, is a scurrilous libel against the violence the meeting of a municipal council,
Government. under the pretext that said meeting is legally
defective, when the defect is not manifest, and
Any citizen may criticize his government and requires an investigation before its existence
government officials and submit his criticism to can be determined. Where a municipal council
the "free trade of ideas." However, such is holding a meeting, a presumption arises that
criticism should be specific and therefore the meeting is not legally defective [People vs.
constructive specifying particular objectionable Alipit and Alemus]
actuations of the government; it must be
reasoned or tempered, and not a contemptuous
condemnation of the entire government setup
166
ARTICLE 144 - DISTURBANCE OF Mode 2: Arresting or searching any

PROCEEDINGS member thereof while Congress is in regular or
special session, except in case such member has
Elements: committed a crime punishable under the Code
(a) There is a meeting of Congress or any of its by a penalty higher than prision mayor.
committees or subcommittees,
constitutional commissions or committees Elements:
or divisions thereof, or of any provincial (a) Offender is a public officer of employee;
board or city or municipal council or board; (b) He arrests or searches any member of
(b) Offender does any of the following acts: Congress;
(i) He disturbs any of such meetings; (c) Congress, at the time of arrest or search, is
(ii) He behaves while in the presence of any in regular or special session;
such bodies in such a manner as to (d) The member arrested or searched has not
interrupt its proceedings or to impair committed a crime punishable under the
the respect due it. Code by a penalty higher than prision mayor.
Complaint may be filed by a member of the Parliamentary immunity does not protect
legislative body. One who disturbs may also be members of Congress from responsibility in
punished for contempt by Congress. accordance with the disciplinary rules of
Congress itself.
ARTICLE 145 - VIOLATION OF
Members of Congress cannot be arrested for
PARLIAMENTARY IMMUNITY
offenses punishable by a penalty less than
prision mayor (6 years and 1 day to 12 years),
Mode 1: Using force, intimidation, threats,
while Congress is in session. They can be
or frauds to prevent any member of Congress
prosecuted after Congress adjourns. [1987
from attending the meetings of Congress or of
Constitution]
any of its committees or subcommittees,
constitutional commissions or committees or
To be consistent with the 1987 Constitution, the
divisions thereof, or from expressing his opinion
phrase by “a penalty higher than prision mayor”
or casting his vote;
in Article 145 should be amended to read “by
the penalty of prision mayor or higher.” [Reyes,
Elements:
2012]
(a) Offender uses force, intimidation, threats or
fraud;
(b) The purpose of the offender is to prevent CHAPTER III – ILLEGAL ASSEMBLIES
any member of Congress from: AND ASSOCIATIONS
(i) Attending the meetings of the Congress
or of any of its committees or ARTICLE 146 - ILLEGAL ASSEMBLIES
constitutional commissions;
(ii) Expressing his opinion; or Mode 1: Any meeting attended by armed persons
(iii) Casting his vote. for the purpose of committing any of the crimes
punishable under the Code;
Note: Offender in mode 1 is any person
167
Elements: ARTICLE 147 - ILLEGAL ASSOCIATIONS

(a) There is a meeting, a gathering or group of
persons, whether in a fixed place or moving; (1) Associations totally or partially organized
(b) The meeting is attended by armed persons; for the purpose of committing any of the
(c) The purpose of the meeting is to commit crimes punishable under the Code;
any of the crimes punishable under the (2) Associations totally or partially organized
Code. for some purpose contrary to public morals.
Mode 2: Any meeting in which the audience, Persons liable:

whether armed or not, is incited to the (1) Founders, directors and president of the
commission of the crime of treason, rebellion or association;
insurrection, sedition, or assault upon person in (2) Mere members of the association.
authority or his agents.
Public Morals – matters which affect the
Elements: interest of society and public convenience, not
(a) There is a meeting, a gathering or group of limited to good customs
persons, whether in a fixed place or moving;
(b) The audience, whether armed or not, is Illegal Assemblies vs. Illegal Associations
incited to the commission of the crime of Illegal Assembly Illegal Association
treason, rebellion or insurrection, sedition or
direct assault. There must be an Actual meeting not
actual meeting or necessary
Persons liable for illegal assembly: assembly
(1) The organizer or leaders of the meeting; What is punished are What is punished is the
(2) Persons merely present at the meeting, who the meeting and the act of forming or
must have a common intent to commit the attendance therein organizing the
felony of illegal assembly. association
Persons liable: Persons liable:
In the first form of illegal assembly, the persons (1) organizers or (1) founders, directors,
present at the meeting must be armed. But the leaders of the president
law does not require that all the persons meeting (2) members Org
present must be armed. The unarmed persons (2) persons present at
present at the meeting are also liable. the meeting
Presumptions if a person carried an unlicensed

BP 880 - PUBLIC ASSEMBLY ACT OF 1985
firearm:
(1) The purpose of the meeting insofar as he is
concerned is to commit acts punishable Sec. 9. Non-interference by law enforcement
under the RPC authorities - Law enforcement agencies shall
(2) He is considered a leader or organizer of the not interfere with the holding of a public
meeting. assembly. However, to adequately ensure
public safety, a law enforcement contingent
Note: Not all persons present at the meeting of under the command of a responsible police
the first form of illegal assembly must be armed. officer may be detailed and stationed in a place
at least one hundred (100) meter away from the
168
area of activity ready to maintain peace and leaders of the public assembly and ask the
order at all times. latter to prevent any possible disturbance;
(b) If actual violence starts to a point where
Sec. 10. Police assistance when requested - It rocks or other harmful objects from the
shall be imperative for law enforcement participants are thrown at the police or at
agencies, when their assistance is requested by the non-participants, or at any property
the leaders or organizers, to perform their causing damage to such property, the
duties always mindful that their responsibility to ranking officer of the law enforcement
provide proper protection to those exercising contingent shall audibly warn the
their right peaceably to assemble and the participants that if the disturbance persists,
freedom of expression is primordial. Towards the public assembly will be dispersed;
this end, law enforcement agencies shall (c) If the violence or disturbances prevailing as
observe the following guidelines: stated in the preceding subparagraph
should not stop or abate, the ranking officer
(a) Members of the law enforcement contingent of the law enforcement contingent shall
who deal with the demonstrators shall be in audibly issue a warning to the participants
complete uniform with their nameplates of the public assembly, and after allowing a
and units to which they belong displayed reasonable period of time to lapse, shall
prominently on the front and dorsal parts of immediately order it to forthwith disperse;
their uniform and must observe the policy of (d) No arrest of any leader, organizer or
"maximum tolerance" as herein defined; participant shall also be made during the
(b) The members of the law enforcement public assembly unless he violates during
contingent shall not carry any kind of the assembly a law, statute, ordinance or
firearms but may be equipped with baton or any provision of this Act. Such arrest shall
riot sticks, shields, crash helmets with visor, be governed by Article 125 of the Revised
gas masks, boots or ankle high shoes with Penal Code, as amended:
shin guards; (e) Isolated acts or incidents of disorder or
(c) Tear gas, smoke grenades, water cannons, branch of the peace during the public
or any similar anti-riot device shall not be assembly shall not constitute a group for
used unless the public assembly is attended dispersal.
by actual violence or serious threats of
violence, or deliberate destruction of
property. Sec. 12. Dispersal of public assembly without
permit - When the public assembly is held
without a permit where a permit is required, the
Sec. 11. Dispersal of public assembly with permit - said public assembly may be peacefully
No public assembly with a permit shall be dispersed.
dispersed. However, when an assembly
becomes violent, the police may disperse such Sec. 13. Prohibited acts - The following shall
public assembly as follows: constitute violations of this Act:
(a) At the first sign of impending violence, the (a) The holding of any public assembly as
ranking officer of the law enforcement defined in this Act by any leader or
contingent shall call the attention of the organizer without having first secured that
written permit where a permit is required
169
from the office concerned, or the use of such ARTICLE 148 - DIRECT ASSAULT
permit for such purposes in any place other
than those set out in said permit: Provided, Mode 1. Without public uprising, by employing
however, That no person can be punished or force or intimidation for the attainment of any of
held criminally liable for participating in or the purposes enumerated in defining the crimes
attending an otherwise peaceful assembly; of rebellion and sedition;
(b) Arbitrary and unjustified denial or
modification of a permit in violation of the Elements:
provisions of this Act by the mayor or any (a) Offender employs force or intimidation;
other official acting in his behalf. (b) The aim of the offender is to attain any of
(c) The unjustified and arbitrary refusal to the purposes of the crime of rebellion or any
accept or acknowledge receipt of the of the objects of the crime of sedition;
application for a permit by the mayor or any (c) There is no public uprising.
official acting in his behalf;
(d) Obstructing, impeding, disrupting or Mode 2. Without public uprising, by
otherwise denying the exercise of the right attacking, by employing force or by seriously
to peaceful assembly; intimidating or by seriously resisting any person
(e) The unnecessary firing of firearms by a in authority or any of his agents, while engaged
member of any law enforcement agency or in the performance of official duties, or on
any person to disperse the public assembly; occasion of such performance.
(f) Acts in violation of Section 10 hereof;
(g) Acts described hereunder if committed Elements:
within one hundred (100) meters from the (a) Offender makes an attack, employs force,
area of activity of the public assembly or on makes a serious intimidation, or makes a
the occasion thereof: serious resistance;
(1) the carrying of a deadly or offensive (b) The person assaulted is a person in
weapon or device such as firearm, authority or his agent;
pillbox, bomb, and the like; (c) At the time of the assault, the person in
(2) the carrying of a bladed weapon and the authority or his agent is engaged in the
like; actual performance of official duties, or that
(3) the malicious burning of any object in he is assaulted by reason of the past
the streets or thoroughfares; performance of official duties;
(4) the carrying of firearms by members of (d) Offender knows that the one he is
the law enforcement unit; assaulting is a person in authority or his
(5) the interfering with or intentionally agent in the exercise of his duties.
disturbing the holding of a public (e) There is no public uprising.
assembly by the use of a motor vehicle,
its horns and loud sound systems. The first form of direct assault is tantamount to
rebellion or sedition, except that there is no
CHAPTER IV - ASSAULT UPON AND public uprising.
RESISTANCE AND DISOBEDIENCE TO,
Classifications of direct assault: simple and
PERSONS IN AUTHORITY AND THEIR qualified.
AGENTS
Assault is qualified when:
170
(1) There is a weapon employed in the attack rank. [Boado, Comprehensive Reviewer in
(2) The offender is a public officer Criminal Law]
(3) The offender lays hands on a public
authority Gabutero was acting in the performance of his
duties [as he was trying to pacify Dollantes who
“Person in authority” - any person directly was causing trouble] as barangay captain when
vested with jurisdiction, whether as an he was stabbed to death. Thus, the crime
individual or as a member of some court or committed was murder with assault upon a
governmental corporation, board, or person in authority. [People vs. Dollantes (1987)]
commission, shall be deemed a person in
authority. ARTICLE 152 - PERSONS IN AUTHORITY
AND AGENTS OF PERSONS IN AUTHORITY
“Directly vested with jurisdiction” - the power or
authority to govern and execute the laws. Agents of a
Persons in
Public Officer Person in
Teachers, professors and persons in charge with Authority (Art.
(Art. 203) Authority (Art.
the supervision of public or duly recognized 152)
152)
private schools, colleges and universities shall
be deemed persons in authority, in applying the Any person Any person Any person
provisions of Articles 148 and 151. For other who takes part directly vested who, by direct
purposes, such as to increase the penalty by in the with provision of law
reason of the aggravating circumstances where performance of jurisdiction, or by election or
a person in authority is involved, the teachers public whether as an by appointment
and professors are not persons in authority. functions in the individual or by competent
government. as a member authority, is
When the assault results in the killing of that of some court charged with
agent or of a person in authority, the offense or the
committed is complex crime of direct assault governmental maintenance of
with murder or homicide. The only time when it corporation, public order
is not complexed is when material consequence board or and the
is a light felony, that is, slight physical injury. commission. protection and
Direct assault absorbs the lighter felony. security of life
and property.
The force employed need not be serious when
the offended party is a person in authority; Teachers, lawyers and heads of schools
recognized by government are persons in
Intimidation or resistance must be serious authority only for purposes of Art. 152 in relation
whether the offended party is a person in to Arts. 148 and 151, and in connection with their
authority or an agent of a person in authority. duties.
If the public officer is not a person in authority, A person in authority includes a barangay
the assault on him is an aggravating chairman and members of the Lupong
circumstance in Art. 14, no. 3 (rank). There must Tagapagkasundo as provided under the Local
be, however, intent to disregard the victim’s Government Code. [Boado]
171
The status as a person in authority being a matter

of law, ignorance thereof is no excuse. Article 152 clothes any person who comes to the
aid of a person in authority with the fiction of an
Where a barangay chief tanod was a mere agent of a person in authority.
bystander at the crime scene, he not acting, and
had no occasion to act, in the performance of his Any assault on him on the occasion of his aiding
official duties, the attack on him did not amount a person in authority or his agent is indirect
to direct assault [People vs. Recto, 2001] assault.
Gelig vs. People, 2010 ARTICLE 150 - DISOBEDIENCE TO

Facts: Accused was charged with the complex SUMMONS ISSUED BY CONGRESS, ITS
crime of direct assault with unintentional COMMITTEES OR SUBCOMMITTEES, BY
homicide when she confronted her son’s teacher THE CONSTITUTIONAL COMMISSIONS,
for calling her son names and pushed her,
ITS COMMITTEES, SUBCOMMITTEES OR
causing her to fall and hit a wall divider. Two days
DIVISIONS
later the teacher suffered abdominal pains and
was found to have suffered incomplete abortion.
Mode 1. By refusing, without legal excuse, to
obey summons of Congress, its special or
Held: Accused only liable for direct assault. While
standing committees and subcommittees, the
the medical certificate of the teacher’s attending
Constitutional Commissions and its committees,
physician was presented to the court to prove
subcommittees or divisions, or by any
that she suffered an abortion, there is no data in
commission or committee chairman or member
the document to prove that her medical condition
authorized to summon witnesses;
was a direct consequence of the incident; It was
therefore vital for the prosecution to present the
Mode 2. By refusing to be sworn or
doctor since she was competent to establish a
placed under affirmation while being before
link, if any, between assault and abortion;
such legislative or constitutional body or
Without her testimony, there is no way to
official;
ascertain the exact effect of the assault on the
abortion
Mode 3. By refusing to answer any legal
inquiry or to produce any books, papers,
ARTICLE 149 - INDIRECT ASSAULT
documents, or records in his possession, when
required by them to do so in the exercise of their
Elements:
functions;
(a) A person in authority or his agent is the
victim of any of the forms of direct assault
Mode 4. By restraining another from
defined in Article 148;
attending as a witness in such legislative or
(b) A person comes to the aid of such authority
constitutional body;
or his agent;
(c) Offender makes use of force or intimidation
Mode 5. By inducing disobedience to a
upon such person coming to the aid of the
summons or refusal to be sworn by any such
authority or his agent.
body or official.
Indirect assault can only be committed when a
direct assault is also committed.
172
The testimony of a person summoned must be

upon matters into which the legislature has Serious Disobedience vs. Direct Assault
jurisdiction to inquire. Serious Disobedience Direct Assault
Person in authority or Person in authority or
ARTICLE 151 - RESISTANCE AND
his agent must be in his agent must be
DISOBEDIENCE TO A PERSON IN
actual performance of engaged in the
AUTHORITY OR THE AGENTS OF SUCH his duties performance of official
PERSONS duties or he is
assaulted by reason of
Mode 1: Resistance and serious disobedience the past performance
of official duties
Elements:
Committed only by Committed in four
(a) A person in authority or his agent is
resisting or seriously ways (see Art. 148,
engaged in the performance of official duty
disobeying a person in Mode 2 above)
or gives a lawful order to the offender;
authority or his agent
(b) Offender resists or seriously disobeys such
person in authority or his agent; Use of force in There is force
(c) The act of the offender is not included in the resistance is not so employed
provision of Articles 148, 149 and 150. serious
Mode 2: Simple disobedience CHAPTER V - PUBLIC DISORDERS

Elements: ARTICLE 153 - TUMULTS AND OTHER
(a) An agent of a person in authority is engaged DISTURBANCES OF PUBLIC ORDER
in the performance of official duty or gives a
lawful order to the offender;
Mode 1: Causing any serious disturbance in a
(b) Offender disobeys such agent of a person in
public place, office or establishment;
authority;
Mode 2: Interrupting or disturbing
(c) Such disobedience is not of a serious
performances, functions or gatherings,
nature.
or peaceful meetings, if the act is not
included in Arts. 131 and 132;
Resistance and Serious Disobedience
Mode 3: Making any outcry tending to incite
The accused must have knowledge that the
rebellion or sedition in any meeting,
person giving the order is a peace officer. [US vs.
association or public place;
Bautista]
Mode 4: Displaying placards or emblems
which provoke a disturbance of public
The disobedience contemplated consists in the
order in such place;
failure or refusal to obey a direct order from the
Mode 5: Burying with pomp the body of a
authority or his agent.
person who has been legally executed.
Simple Disobedience
Serious disturbance must be planned or
In simple disobedience, the offended party must
intended. This article applies if the disturbance
be only an agent of a person in authority. The
is not caused by a public officer; or, if it is
order must be lawful. The disobedience should
not be of a serious nature.
173
committed by a public officer, he is a participant Mode 4: Printing, publishing or distributing

therein. (or causing the same) books,
pamphlets, periodicals, or leaflets
Outcry – to shout subversive or provocative which do not bear the real printer’s
words tending to stir up the people to obtain by name, or which are classified as
means of force or violence any of the objects of anonymous.
rebellion or sedition.
To be liable, the offender must know that the
If done unconsciously or without intent to incite news is false.
the listeners to rise to sedition or rebellion, this
article applies. Actual public disorder or actual damage to the
credit of the State is not necessary. The mere
If done with intent to commit rebellion or possibility of causing such danger or damage is
sedition: The crime is inciting to rebellion or sufficient.
sedition.
ARTICLE 155 - ALARMS AND SCANDALS
Tumultuous – if caused by more than 3 persons
who are armed or provided with the means of Mode 1: Discharging any firearm, rocket,
violence firecracker, or other explosive within
any town or public place, calculated
Burying with pomp the body of a person – to cause (which produces) alarm or
ostentatious display of a burial danger;
Mode 2: Instigating or taking an active part
ARTICLE 154 - UNLAWFUL USE OF in any charivari or other disorderly
MEANS OF PUBLICATION AND meeting offensive to another or
UNLAWFUL UTTERANCES prejudicial to public tranquility;
Mode 3: Disturbing the public peace while
Mode 1. Publishing or causing to be wandering about at night or while
published, by means of printing, engaged in any other nocturnal
lithography or any other means of amusements;
publication, as news any false news Mode 4: Causing any disturbances or
which may endanger the public scandal in public places while
order, or cause damage to the intoxicated or otherwise, provided
interest or credit of the State. Art. 153 is not applicable.
Mode 2. Encouraging disobedience to the
law or to the constituted authorities The crime “alarms and scandal” is only one
or praising, justifying or extolling crime.
any act punished by law, by the
same means or by words, Scandal here does not refer to moral scandal;
utterances or speeches; that one is grave scandal in Article 200.
Mode 3: Maliciously publishing or causing to
be published any official document The essence of the crime is disturbance of
or resolution without proper public tranquility and public peace.
authority, or before they have been Disturbance of serious nature falls under Article
published officially 153, not under paragraph 4 of this article.
174
when he is not the custodian of the prisoner at

Any kind of disturbance of public order where the time the prisoner was made to escape. If the
the circumstance at the time renders the act offender is a public officer who had the prisoner
offensive to the tranquility prevailing, the crime in his custody or charge, he is liable for infidelity
is committed. in the custody of a prisoner under Article 223.
Charivari – includes a medley of discordant If three persons are involved – a stranger, the
voices, a mock serenade of discordant noises custodian and the prisoner – three crimes are
made on kettles, tin, horns, etc. designed to committed:
annoy or insult (1) Infidelity in the custody of prisoners [public
officer-custodian];
Note: “Calculated to cause” should be “which (2) Delivery of the prisoner from jail [stranger];
produces” alarm and danger according to the and
correct translation of the RPC. Hence, the result, (3) Evasion of service of sentence [prisoner].
and not the intent, that counts. [Reyes]
Cledera, as the governor, is the jailer of the
ARTICLE 156 - DELIVERING PRISONERS Province. Esmeralda is the Assistant Provincial
FROM JAIL Warden. As public officials who have the
custody or charge of the prisoner, they cannot
Elements: be prosecuted under Art. 156.
(a) There is a person confined in a jail or penal
establishment; Art 223 would have applied; however, there is
(b) Offender removes therefrom such person, or no sufficient evidence to warrant their
helps the escape of such person. prosecution for infidelity in the custody of
prisoner. It is necessary that the public officer
If the prisoner who escapes is only a detention had consented to, or connived in, the escape of
prisoner, he does not incur liability from the prisoner under his custody or charge.
escaping if he does not know of the plan to [Alberto v. Dela Cruz (1980)]
remove him from jail. But if such prisoner knows
of the plot to remove him from jail and CHAPTER VI - EVASION OF SERVICE
cooperates therein by escaping, he himself OF SENTENCE
becomes liable for delivering prisoners from jail
as a principal by indispensable cooperation. ARTICLE 157 - EVASION OF SERVICE OF
SENTENCE
If the prisoner removed or whose escape is
made possible by the commission of the crime Elements:
of delivering prisoner from jail is a detention (a) Offender is a convict by final judgment;
prisoner, such prisoner is not criminally liable. A (b) He is serving sentence which consists in the
prisoner is criminally liable for leaving the penal deprivation of liberty;
institution only when there is evasion of the (c) He evades service of his sentence by
service of his sentence which can be committed escaping during the term of his
only by a convict by final judgment. imprisonment.
Offender is usually an outsider. The violation of

Article 156 is committed by a public officer
175
Qualifying circumstances as to penalty imposed

if such evasion or escape takes place: One who, sentenced to destierro by virtue of
(1) By means of unlawful entry (this should be final judgment, and prohibited from entering
“by scaling” - Reyes); the City of Manila, enters said' city within the
(2) By breaking doors, windows, gates, walls, period of his sentence, is guilty of evasion of
roofs or floors; sentence under Article 157. [People vs. Abilong]
(3) By using picklock, false keys, disguise, deceit,
violence or intimidation; or ARTICLE 158 - EVASION OF SERVICE OF
(4) Through connivance with other convicts or SENTENCE ON THE OCCASION OF
employees of the penal institution. DISORDERS, CONFLAGRATIONS,
EARTHQUAKES, OR OTHER CALAMITIES
Evasion of service of sentence has three forms:
(1) By simply leaving or escaping from the Elements:
penal establishment under Article 157; (a) Offender is a convict by final judgment, who
(2) Failure to return within 48 hours after is confined in a penal institution;
having left the penal establishment because (b) There is disorder, resulting from –
of a calamity, conflagration or mutiny and (i) conflagration;
such calamity, conflagration or mutiny has (ii) earthquake;
been announced as already passed under (iii) explosion;
Article 158; (iv) similar catastrophe; or
(3) Violating the condition of conditional (v) mutiny in which he has not participated;
pardon under Article 159. (c) He evades the service of his sentence by
leaving the penal institution where he is
In leaving or escaping from jail or prison, that confined, on the occasion of such disorder
the prisoner immediately returned is immaterial. or during the mutiny;
It may be mitigating, but it will not absolve his (d) He fails to give himself up to the authorities
criminal liability. within 48 hours following the issuance of a
proclamation by the Chief Executive
Not applicable to sentence executed by announcing the passing away of such
deportation because the convict was not calamity.
sentenced to imprisonment and thereafter
broke jail. Leaving the penal establishment is not the basis
of criminal liability. What is punished is the
Applicable to sentence of destierro - Inasmuch failure to return within 48 hours after the
as the Revised Penal Code was originally passing of the calamity, conflagration or mutiny
approved and enacted in Spanish, the Spanish had been announced.
text governs. The word "imprisonment" used in
the English text is a wrong or erroneous Under Article 158, those who return within 48
translation of the phrase "sufriendo privacion de hours are given credit or deduction from the
libertad" used in the Spanish text. Although remaining period of their sentence equivalent to
destierro does not constitute imprisonment, it is 1/5 of the original term of the sentence.
a deprivation of liberty, though partial, in the
sense that as in the present case, the appellant If the prisoner fails to return within said 48
by his sentence of destierro was deprived of the hours, there will be an additional penalty of 1/5
liberty to enter the City of Manila. of the time still remaining to be served under
176
the original sentence. In no case shall that public order; merely an thus defeat the
penalty exceed six months. infringement of the purpose of the law of
stipulated terms in either reforming or
Mutiny is one of the causes which may authorize conditional pardon punishing them for
a convict serving sentence in the penitentiary to having disturbed the
leave the jail provided he has not taken part in public order.
the mutiny.
CHAPTER VII - COMMISSION OF
ARTICLE 159 - OTHER CASES OF EVASION
ANOTHER CRIME DURING SERVICE
OF SERVICE OF SENTENCE
OF PENALTY IMPOSED FOR
Elements: ANOTHER PREVIOUS OFFENSE
(a) Offender was a convict;
(b) He was granted a conditional pardon by the ARTICLE 160 - QUASI RECIDIVISM
Chief Executive;
(c) He violated any of the conditions of such Elements:
pardon. (a) Offender was already convicted by final
judgment of one offense;
Violation of conditional pardon is a distinct (b) He committed a new felony before
crime. In violation of conditional pardon, as a beginning to serve such sentence or while
rule, the violation will amount to this crime only serving the same.
if the condition is violated during the remaining
period of the sentence. Quasi-recidivism is a special aggravating
circumstance where a person, after having been
Offender must be found guilty of subsequent convicted by final judgment, shall commit a
offense before he can be prosecuted under new felony before beginning to serve such
Article 159. [Torres vs. Gonzales] sentence, or while serving the same. He shall be
punished by the maximum period of the penalty
If the condition of the pardon is violated when prescribed by law for the new felony.
the remaining unserved portion of the sentence The first crime for which the offender is serving
has already lapsed, there will be no more sentence need not be a felony. [People vs.
criminal liability for the violation. However, the Peralta]
convict maybe required to serve the unserved
portion of the sentence, that is, continue serving The word “another” does not mean that the
original penalty. new felony be different from the one for which
the offender is serving sentence [People vs.
Violation of Conditional Pardon vs. Evasion of Yabut, 1933]
Service of Sentence by Escaping
Violation of Conditional Evasion of Service of Quasi-Recidivism Recidivism
Pardon Sentence
The 2 offenses need The 2 offenses must
Does not cause harm An attempt at least to not be embraced in be embraced in the
or injury to the right of evade the penalty the same title of the same title of the Code
another person nor inflicted by the courts Code
does it disturb the upon criminals and
177
Quasi-Recidivism Reiteracion If homicide or murder is committed with the use

Offender committed a Offender must have of an unlicensed firearm, such use of an
new felony before served out the unlicensed firearm shall be considered as an
beginning to serve sentence for the prior aggravating circumstance.
such sentence or while offense
serving the same If the violation of this section is in furtherance of
or incident to, or in connection with the crime of
SPECIAL LAWS rebellion or insurrection, sedition, or attempted
coup d’état, such violation shall be absorbed as
an element of the crime of rebellion, or
PD 1866 AS AMENDED BY RA 8294: insurrection, sedition, or attempted coup d’état.
ILLEGAL POSSESSION OF FIREARMS
The same penalty shall be imposed upon the
Sec. 1. Unlawful manufacture, sale, acquisition, owner, president, manager, director or other
disposition or possession of firearms or responsible officer of any public or private firm,
ammunition or instruments used or intended to company, corporation or entity, who shall
be used in the manufacture of firearms or willfully or knowingly allow any of the firearms
ammunition.— The penalty of prision owned by such firm, company, corporation or
correccional in its maximum period and a fine of entity to be used by any person or persons
not less than Fifteen thousand pesos (P15,000) found guilty of violating the provisions of the
shall be imposed upon any person who shall preceding paragraphs or willfully or knowingly
unlawfully manufacture, deal in, acquire, allow any of them to use unlicensed firearms or
dispose, or possess any low powered firearm, firearms without any legal authority to be
such as rimfire handgun, .380 or .32 and other carried outside of their residence in the course
firearm of similar firepower, part of firearm, of their employment.
ammunition, or machinery, tool or instrument
used or intended to be used in the manufacture The penalty of arresto mayor shall be imposed
of any firearm or ammunition: Provided, That no upon any person who shall carry any licensed
other crime was committed. firearm outside his residence without legal
authority therefor.
The penalty of prision mayor in its minimum
period and a fine of Thirty thousand pesos Sec. 2. Presumption of Illegal Manufacture of
(P30,000) shall be imposed if the firearm is Firearms or Ammunition.— The possession of
classified as high powered firearm which any machinery, tool or instrument used directly
includes those with bores bigger in diameter in the manufacture of firearms or ammunition,
than .38 caliber and 9 millimeter such as by any person whose business or employment
caliber .40, .41, .44, .45 and also lesser does not lawfully deal with the manufacture of
calibered firearms but considered powerful such firearms or ammunition, shall be prima facie
as caliber .357 and caliber .22 center-fire evidence that such article is intended to be used
magnum and other firearms with firing in the unlawful/illegal manufacture of firearms
capability of full automatic and by burst of two or ammunition.
or three: Provided, however, That no other crime
was committed by the person arrested. Sec. 3. Unlawful manufacture, sale, acquisition,
disposition or possession of explosives. — The
penalty of prision mayor in its maximum period
178
to reclusion temporal and a fine of not less than willfully and unlawfully manufacture, assemble,
Fifty thousand pesos (P50,000) shall be deal in, acquire, dispose, import or possess any
imposed upon any person who shall unlawfully part, ingredient, machinery, tool or instrument
manufacture, assemble, deal in, acquire, of any explosive or incendiary device, whether
dispose or possess hand grenade(s), rifle chemical, mechanical, electronic, electrical or
grenade(s), and other explosives, including but otherwise, used or intended to be used by that
not limited to 'pillbox,' 'molotov cocktail person for its manufacture, construction,
bombs,' 'fire bombs,' or other incendiary devices assembly, delivery or detonation, where the
capable of producing destructive effect on explosive or incendiary device is capable or is
contiguous objects or causing injury or death to intended to be made capable of producing
any person. destructive effect on contiguous objects or
causing injury or death to any person.
When a person commits any of the crimes
defined in the Revised Penal Code or special Provided, That the mere possession of any part,
laws with the use of the aforementioned ingredient, machinery, tool or instrument
explosives, detonation agents or incendiary directly used in the manufacture, construction,
devices, which results in the death of any person assembly, delivery or detonation of any
or persons, the use of such explosives, explosive or incendiary device, by any person
detonation agents or incendiary devices shall be whose business activity, or employment does
considered as an aggravating circumstance. not lawfully deal with the possession of such
article shall be prima facie evidence that such
If the violation of this Sec. is in furtherance of, or article is intended to be used by that person in
incident to, or in connection with the crime of the unlawful/illegal manufacture, construction,
rebellion, insurrection, sedition or attempted assembly, delivery or detonation of an explosive
coup d'etat, such violation shall be absorbed as or incendiary device.
an element of the crimes of rebellion,
insurrection, sedition or attempted coup d'etat. Provided, however, That a temporary incidental,
casual, harmless or transient possession or
The same penalty shall be imposed upon the control of any part, machinery, tool or
owner, president, manager, director or other instrument directly used in the manufacture,
responsible officer of any public or private firm, construction, assembly, delivery or detonation
company, corporation or entity, who shall of any explosive or incendiary device, without
willfully or knowingly allow any of the the knowledge of its existence or character as
explosives owned by such firm, company, part, ingredient, machinery, tool or instrument
corporation or entity, to be used by any person directly used in the manufacture, construction,
or persons found guilty of violating the assembly, delivery or detonation of any
provisions of the preceding paragraphs explosive or incendiary device, shall not be a
violation of this Section.
Sec. 3-A. Unlawful Manufacture, Sales,
Acquisition, Disposition, Importation or Provided, further, That the temporary,
Possession of a Part, Ingredient, Machinery, Tool incidental, casual, harmless, or transient
or Instrument Used or Intended to be Used for the possession or control of any part, ingredient,
Manufacture, Construction, Assembly, Delivery or machinery, tool or instrument directly used in
Detonation.— The penalty of reclusion perpetua the manufacture, construction, assembly,
shall be imposed upon any person who shall delivery or detonation of any explosive or
179
incendiary device for the sole purpose of Rules of Court on double jeopardy, if the
surrendering it to the proper authorities shall application thereof is more favorable to the
not be a violation of this Section. accused, the conviction or acquittal of the
accused or the dismissal of the case for violation
Provided, finally, That in addition to the of this Decree shall be a bar to another
instances provided in the two (2) immediately prosecution of the same accused for any offense
preceding paragraphs, the court may determine where the violation of this Decree was a
the absence of the intent to possess, otherwise necessary means for committing the offense or
referred to as “animus possidendi”, in in furtherance of which, incident to which, in
accordance with the facts and circumstances of connection with which, by reason of which, or on
each case and the application of other pertinent occasion of which, the violation of this Decree
laws, among other things, Articles 11 and 12 of was committed, and vice versa.
the Revised Penal Code, as amended.
Sec. 4. Responsibility and liability of Law
Sec. 3-B. Penalty for the Owner, President, Enforcement Agencies and Other Government
Manager, Director or Other Responsible Officer of Officials and Employees in Testifying as
Any Public or Private Firm, Company, Prosecution Witnesses.— Any member of law
Corporation or Entity.— The penalty of reclusion enforcement agencies or any other government
perpetua shall be imposed upon the owner, official and employee who, after due notice,
president, manager, director or other fails or refuses, intentionally or negligently, to
responsible officer of any public or private firm, appear as a witness for the prosecution of the
company, corporation or entity, who shall defense in any proceeding, involving violations
willfully or knowingly allow any explosive or of this Decree, without any valid reason, shall
incendiary device or parts thereof owned or be punished with reclusion temporal and a fine
controlled by such firm, company, corporation of Five hundred Thousand pesos
or entity to be used by any person or persons (P500,000.00) in addition to the administrative
found guilty of violating the provisions of the liability he/she may be meted out by his/her
preceding paragraphs. immediate superior and/or appropriate body.
Sec. 3-C. Relationship of Other Crimes with a The immediate superior of the member of the
Violation of this Decree and the Penalty law enforcement agency or any other
Therefor.— When a violation of Section 3, 3-A or government employee mentioned in the
3-B of this Decree is a necessary means for preceding paragraph shall be penalized with
committing any of the crimes defined in the prision correccional and a fine of not less than
Revised Penal Code or special laws, or is in Ten Thousand pesos (P10,000.00) but not more
furtherance of, incident to, in connection with, than Fifty thousand pesos (P50,000.00) and in
by reason of, or on occasion of any of the crimes addition, perpetual absolute disqualification
defined in the Revised Penal Code or special from public office if despite due notice to them
laws, the penalty of reclusion perpetua and a and to the witness concerned, the former does
fine ranging from One hundred Thousand pesos not exert reasonable effort to present the latter
(P100,000.00) to One million pesos to the court.
(P1,000,000.00) shall be imposed.
The member of the law enforcement agency or
Sec. 3-D. Former Conviction or Acquittal; Double any other government employee mentioned in
Jeopardy.— Subject to the provisions of the the preceding paragraphs shall not be
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transferred or reassigned to any other

government office located in another territorial Sec. 5. Tampering of Firearm’s Serial Number.—
jurisdiction during the pendency of the case in The penalty of prision correccional shall be
court. However, the concerned member of the imposed upon any person who shall unlawfully
law enforcement agency or government tamper, change, deface or erase the serial
employee may be transferred or reassigned for number of any firearm.
compelling reasons: Provided, That his/her
immediate superior shall notify the court where Sec. 6. Repacking or Altering the Composition of
the case is pending of the order to transfer or Lawfully Manufactured Explosives.— The penalty
reassign, within twenty-four (24) hours from its of prision correccional shall be imposed upon
approval: Provided, further, That his/her any person who shall unlawfully repack, alter or
immediate superior shall be penalized with modify the composition of any lawfully
prision correccional and a fine of not less than manufactured explosives.
Ten thousand pesos (P10,000.00) but not more
than Fifty thousand pesos (P50,000.00) and in Sec. 7. Unauthorized Issuance of Authority to
addition, perpetual absolute disqualification Carry Firearm and/or Ammunition Outside of
from public office, should he/she fail to notify Residence.— The penalty of prision correccional
the court of such order to transfer or reassign. shall be imposed upon any person, civilian or
military, who shall issue authority to carry
Prosecution and punishment under this Section firearm and/or ammunition outside of residence,
shall be without prejudice to any liability for without authority therefor.
violation of any existing law.
COMPREHENSIVE FIREARMS AND
Sec. 4-A. Criminal Liability for Planting of AMMUNITION REGULATION ACT
Evidence.— Any person who is found guilty of (RA 10591).
“planting” any explosive or incendiary device or
any part, ingredient, machinery, tool or This Act repeals Sections 1, 2, 5 and 7 of
instrument of any explosive or incendiary device, Presidential Decree No. 1866, as amended, and
whether chemical, mechanical, electronic, Section 6 of Republic Act No. 8294 and all
electrical or otherwise, shall suffer the penalty other laws, executive orders, letters of
of reclusion perpetua. instruction, issuances, circulars, administrative
orders, rules or regulations that are inconsistent
Planting of evidence shall mean the willful act herewith (Sec. 45)
by any person of maliciously and surreptitiously
inserting, placing, adding or attaching, directly Penal Provisions
or indirectly, through any overt or covert act, Sec. 28. Unlawful Acquisition, or Possession of
whatever quantity of any explosive or incendiary Firearms and Ammunition. – The unlawful
device or any part, ingredient, machinery, tool acquisition, possession of firearms and
or instrument of any explosive or incendiary ammunition shall be penalized as follows:
device, whether chemical, mechanical,
electronic, electrical or otherwise in the person, (a) The penalty of prision mayor in its medium
house, effects or in the immediate vicinity of an period shall be imposed upon any person
innocent individual for the purpose of who shall unlawfully acquire or possess a
implicating, incriminating or imputing the small arm;
commission of any violation of this Decree.
181
(b) The penalty of reclusion temporal to reclusion who shall unlawfully acquire or possess a
perpetua shall be imposed if three (3) or major part of a Class-A light weapon;
more small arms or Class-A light weapons (i) The penalty of prision mayor in its medium
are unlawfully acquired or possessed by any period shall be imposed upon any person
person; who shall unlawfully acquire or possess
(c) The penalty of prision mayor in its maximum ammunition for a Class-A light weapon. If
period shall be imposed upon any person the violation of this paragraph is committed
who shall unlawfully acquire or possess a by the same person charged with the
Class-A light weapon; unlawful acquisition or possession of a
(d) The penalty of reclusion perpetua shall be Class-A light weapon, the former violation
imposed upon any person who shall, shall be absorbed by the latter;
unlawfully acquire or possess a Class-B (j) The penalty of prision mayor in its maximum
light weapon; period shall be imposed upon any person
(e) The penalty of one (1) degree higher than who shall unlawfully acquire or possess a
that provided in paragraphs (a) to (c) in this major part of a Class-B light weapon; and
section shall be imposed upon any person (k) The penalty of prision mayor in its maximum
who shall unlawfully possess any firearm period shall be imposed upon any person
under any or combination of the following who shall unlawfully acquire or possess
conditions: ammunition for a Class-B light weapon. If
(1) Loaded with ammunition or inserted the violation of this paragraph is committed
with a loaded magazine; by the same person charged with the
(2) Fitted or mounted with laser or any unlawful acquisition or possession of a
gadget used to guide the shooter to hit Class-B light weapon, the former violation
the target such as thermal weapon shall be absorbed by the latter.
sight (TWS) and the like;
(3) Fitted or mounted with sniper scopes,
firearm muffler or firearm silencer; Sec. 29. Use of Loose Firearm in the Commission
(4) Accompanied with an extra barrel; and of a Crime. – The use of a loose firearm, when
(5) Converted to be capable of firing full inherent in the commission of a crime
automatic bursts. punishable under the Revised Penal Code or
(f) The penalty of prision mayor in its minimum other special laws, shall be considered as an
period shall be imposed upon any person aggravating circumstance: Provided, That if the
who shall unlawfully acquire or possess a crime committed with the use of a loose firearm
major part of a small arm; is penalized by the law with a maximum penalty
(g) The penalty of prision mayor in its minimum which is lower than that prescribed in the
period shall be imposed upon any person preceding section for illegal possession of
who shall unlawfully acquire or possess firearm, the penalty for illegal possession of
ammunition for a small arm or Class-A light firearm shall be imposed in lieu of the penalty
weapon. If the violation of this paragraph is for the crime charged: Provided, further, That if
committed by the same person charged the crime committed with the use of a loose
with the unlawful acquisition or possession firearm is penalized by the law with a maximum
of a small arm, the former violation shall be penalty which is equal to that imposed under
absorbed by the latter; the preceding section for illegal possession of
(h) The penalty of prision mayor in its medium firearms, the penalty of prision mayor in its
period shall be imposed upon any person minimum period shall be imposed in addition to
182
the penalty for the crime punishable under the penalty of reclusion temporal to reclusion
Revised Penal Code or other special laws of perpetua shall be imposed upon any person who
which he/she is found guilty. shall unlawfully engage in the manufacture,
importation, sale or disposition of a firearm or
If the violation of this Act is in furtherance of, or ammunition, or a major part of a firearm or
incident to, or in connection with the crime of ammunition, or machinery, tool or instrument
rebellion of insurrection, or attempted coup used or intended to be used by the same person
d’etat, such violation shall be absorbed as an in the manufacture of a firearm, ammunition, or
element of the crime of rebellion or insurrection, a major part thereof.
or attempted coup d’etat.
The possession of any machinery, tool or
If the crime is committed by the person without instrument used directly in the manufacture of
using the loose firearm, the violation of this Act firearms, ammunition, or major parts thereof by
shall be considered as a distinct and separate any person whose business, employment or
offense. activity does not lawfully deal with the
possession of such article, shall be prima
Sec. 30. Liability of Juridical Person. – The facie evidence that such article is intended to be
penalty of prision mayor in its minimum used in the unlawful or illegal manufacture of
to prision mayor in its medium period shall be firearms, ammunition or parts thereof.
imposed upon the owner, president, manager,
director or other responsible officer of/any The penalty of prision mayor in its minimum
public or private firm, company, corporation or period to prision mayor in its medium period
entity who shall willfully or knowingly allow any shall be imposed upon any laborer, worker or
of the firearms owned by such firm, company, employee of a licensed firearms dealer who
corporation or entity to be used by any person or shall unlawfully take, sell or otherwise dispose
persons found guilty of violating the provisions of parts of firearms or ammunition which the
of the preceding section, or willfully or company manufactures and sells, and other
knowingly allow any of them to use materials used by the company in the
unregistered firearm or firearms without any manufacture or sale of firearms or ammunition.
legal authority to be carried outside of their The buyer or possessor of such stolen part or
residence in the course of their employment. material, who is aware that such part or
material was stolen, shall suffer the same
Sec. 31. Absence of Permit to Carry Outside of penalty as the laborer, worker or employee.
Residence. – The penalty of prision
correccional and a fine of Ten thousand pesos If the violation or offense is committed by a
(P10,000.00) shall be imposed upon any person corporation, partnership, association or other
who is licensed to own a firearm but who shall juridical entity, the penalty provided for in this
carry the registered firearm outside his/her section shall be imposed upon the directors,
residence without any legal authority therefor. officers, employees or other officials or persons
therein who knowingly and willingly
Sec. 32. Unlawful Manufacture, Importation, Sale participated in the unlawful act.
or Disposition of Firearms or Ammunition or
Parts Thereof, Machinery, Tool or Instrument
Used or Intended to be Used in the Manufacture
of Firearms, Ammunition or Parts Thereof. – The
183
Sec. 33. Arms Smuggling. – The penalty turn over to the PNP Crime Laboratory such
of reclusion perpetua shall be imposed upon any firearm, ammunition, or parts thereof,
person who shall engage or participate in arms machinery, tools or instruments in its custody
smuggling as defined in this Act. during the pendency of the case and to produce
the same to the court when so ordered. No bond
Sec. 34. Tampering, Obliteration or Alteration of shall be admitted for the release of the firearm,
Firearms Identification. – The penalty of prision ammunition or parts thereof, machinery, tool or
correccional to prision mayor in its minimum instrument. Any violation of this paragraph
period shall be imposed upon any person who shall be punishable by prision mayor in its
shall tamper, obliterate or alter without minimum period to prision mayor in its medium
authority the barrel, slide, frame, receiver, period.
cylinder, or bolt assembly, including the name
of the maker, model, or serial number of any Sec. 37. Confiscation and Forfeiture. – The
firearm, or who shall replace without authority imposition of penalty for any violation of this
the barrel, slide, frame, receiver, cylinder, or Act shall carry with it the accessory penalty of
bolt assembly, including its individual or confiscation and forfeiture of the firearm,
peculiar identifying characteristics essential in ammunition, or parts thereof, machinery, tool or
forensic examination of a firearm or light instrument in favor of the government which
weapon. shall be disposed of in accordance with law.
The PNP shall place this information, including Sec. 38. Liability for Planting Evidence. – The
its individual or peculiar identifying penalty of prision mayor in its maximum period
characteristics into the database of integrated shall be imposed upon any person who shall
firearms identification system of the PNP Crime willfully and maliciously insert; place, and/or
Laboratory for future use and identification of a attach, directly or indirectly, through any overt
particular firearm. or covert act, any firearm, or ammunition, or
parts thereof in the person, house, effects, or in
Sec. 35. Use of an Imitation Firearm. – An the immediate vicinity of an innocent individual
imitation firearm used in the commission of a for the purpose of implicating or incriminating
crime shall be considered a real firearm as the person, or imputing the commission of any
defined in this Act and the person who violation of the provisions of this Act to said
committed the crime shall be punished in individual. If the person found guilty under this
accordance with this Act: Provided, That injuries paragraph is a public officer or employee, such
caused on the occasion of the conduct of person shall suffer the penalty of reclusion
competitions, sports, games, or any recreation perpetua.
activities involving imitation firearms shall not
be punishable under this Act. Sec. 39. Grounds for Revocation, Cancellation or
Suspension of License or Permit. – The Chief of
Sec. 36. In Custodia Legis. – During the the PNP or his/her authorized representative
pendency of any case filed in violation of this may revoke, cancel or suspend a license or
Act, seized firearm, ammunition, or parts permit on the following grounds:
thereof, machinery, tools or instruments shall
remain in the custody of the court. If the court (a) Commission of a crime or offense involving
decides that it has no adequate means to safely the firearm, ammunition, of major parts
keep the same, the court shall issue an order to thereof;
184
(b) Conviction of a crime involving moral SEC. 41. Illegal Transfer/Registration of

turpitude or any offense where the penalty Firearms. – It shall be unlawful to transfer
carries an imprisonment of more than six (6) possession of any firearm to any person who has
years; not yet obtained or secured the necessary
(c) Loss of the firearm, ammunition, or any parts license or permit thereof.
thereof through negligence;
(d) Carrying of the firearm, ammunition, or The penalty of prision correccional shall be
major parts thereof outside of residence or imposed upon any person who shall violate the
workplace without, the proper permit to provision of the preceding paragraph. In
carry the same; addition, he/she shall be disqualified to apply
(e) Carrying of the firearm, ammunition, or for a license to possess other firearms and all
major parts thereof in prohibited places; his/her existing firearms licenses whether for
(f) Dismissal for cause from the service in case purposes of commerce or possession, shall be
of government official and employee; revoked. If government-issued firearms,
(g) Commission of any of the acts penalized ammunition or major parts of firearms or light
under Republic Act No. 9165, otherwise weapons are unlawfully disposed, sold or
known as the “Comprehensive Dangerous transferred by any law enforcement agent or
Drugs Act of 2002″ ; public officer to private individuals, the penalty
(h) Submission of falsified documents or of reclusion temporal shall be imposed.
misrepresentation in the application to
obtain a license or permit; Any public officer or employee or any person
(i) Noncompliance of reportorial requirements; who shall facilitate the registration of a firearm
and through fraud, deceit, misrepresentation or
(j) By virtue of a court order. submission of falsified documents shall suffer
the penalty of prision correccional.
Sec. 40. Failure to Notify Lost or Stolen Firearm

or Light Weapon. – A fine of Ten thousand pesos RA 9372: HUMAN SECURITY ACT
(P10,000.00) shall be imposed upon any (See Special Laws in Title I)
licensed firearm holder who fails to report to the
FEO of the PNP that the subject firearm has
been lost or stolen within a period of thirty (30) Title IV. Crimes against
days from the date of discovery.
Public Interest
Likewise, a fine of Five thousand pesos
(P5,000.00) shall be imposed upon any person Acts of Counterfeiting
holding a valid firearm license who changes (1) Article 162 - Using Forged Signature or
residence or office address other than that Counterfeit Seal or Stamp
indicated in the license card and fails within a (2) Article 161 - Counterfeiting the Great Seal of
period of thirty (30) days from said transfer to the Government of the Philippine Islands,
notify the FEO of the PNP of such change of Forging the Signature or Stamp of the Chief
address. Executive
(3) Article 164 - Mutilation of Coins
(4) Article 163 - Making and Importing and
Uttering False Coins
185
(5) Article 165 - Selling of False or Mutilated (7) Article 184 - Offering False Testimony in
Coin, Without Connivance Evidence
(6) Article 167 - Counterfeiting, Importing, and (8) Article 183 - False Testimony in Other Cases
Uttering Instruments Not Payable to Bearer and Perjury in Solemn Affirmation
(7) Article 166 - Forging Treasury or Bank Notes (9) Article 185 - Machinations in Public
or Other Documents Payable to Bearer; Auctions
Importing and Uttering Such False or (10) Article 186 – Monopolies and Combinations
Forged Notes and Documents in Restraint of Trade
(11) Article 187 – Importation and Disposition of
Acts of Forgery Falsely Marked Articles or Merchandise
(1) Article 168 - Illegal Possession and Use of Made of Gold, Silver, or other Precious
False Treasury or Bank Notes and Other Metals or their Alloys
Instruments of Credit
(2) Article 169 - How Forgery is Committed The crimes in this title are in the nature of fraud
or falsity to the public. Deceit perpetrated upon
Acts of Falsification the public is the act being punished.
(1) Article 170 - Falsification of Legislative
Documents ACTS OF COUNTERFEITING
(2) Article 171 - Falsification by Public Officer,
Employee or Notary or Ecclesiastical ARTICLE 161 - COUNTERFEITING THE
Minister GREAT SEAL OF THE GOVERNMENT OF
(3) Article 172 - Falsification by Private
THE PHILIPPINE ISLANDS, FORGING THE
Individual and Use of Falsified Documents
SIGNATURE OR STAMP OF THE CHIEF
(4) Article 173 - Falsification of Wireless, Cable,
Telegraph and Telephone Messages, and
EXECUTIVE
Use of Said Falsified Messages
(5) Article 175 - Using False Certificates Acts punished: Forging the
(6) Article 174 - False Medical Certificates, (1) Great Seal of the Government of the
False Certificates of Merits or Service, etc. Philippines;
(7) Article 176 - Manufacturing and Possession (2) Signature of the President;
of Instruments or Implements for (3) Stamp of the President.
Falsification
When the signature of the president is forged,
Other Falsities the crime committed is covered by this provision
(1) Article 177 - Usurpation of Authority or and not falsification of public document.
Official Functions
(2) Article 179 - Illegal Use of Uniforms and Intent to use is necessary. Actual use, however,
Insignia is not required, as long as the forger intended to
(3) Article 178 - Using Fictitious and Concealing use it.
True Name ARTICLE 162 – USING FORGED SIGNATURE
(4) Article 180 - False Testimony Against a OR COUNTERFEIT SEAL OR STAMP
Defendant
(5) Article 181 - False Testimony Favorable to Elements:
the Defendant (a) The great Seal of the Republic was
(6) Article 182 - False Testimony in Civil Cases counterfeited or the Signature or stamp of
186
the Chief Executive was forged by another (1) Silver coins of the Philippines or coins of the
person; Central Bank of the Philippines;
(b) Offender Knew of the counterfeiting or (2) Coins of the minor coinage of the Philippines
forgery; or of the Central Bank of the Philippines;
(c) He used the counterfeit seal or forged (3) Coin of the currency of a foreign country.
signature or stamp.
The counterfeiting of foreign currency is
Note: Offender under this article should not be punishable, regardless of whether or not it is
the forger. Otherwise, he will be penalized still in official circulation. The reason behind
under Article 161. The participation of the this is not only the harm that it may cause to the
offender is in effect that of an accessory. public in case it goes into circulation again, but
also the possibility that the counterfeiter may
Although the general rule is that he should be later apply his trade to the making of coins in
punished by a penalty of two degrees lower, actual circulation. [People vs. Kong Leon]
under Article 162 he is punished by a penalty
only one degree lower. ARTICLE 164 – MUTILATION OF COINS
Acts punished
ARTICLE 163 – MAKING AND IMPORTING (1) Mutilating coins of the legal currency, with
AND UTTERING FALSE COINS the further requirement that there be intent
to damage or to defraud another;
Elements: (2) Importing or uttering such mutilated coins,
(a) There be False or counterfeited coins; with the further requirement that there
(b) Offender either made, imported or uttered must be connivance with the mutilator or
such coins; importer in case of uttering.
(c) In case of uttering such false or
counterfeited coins, he connived with the The first acts of falsification or falsity include:
counterfeiters or importers. (1) Counterfeiting
(2) Forgery
To utter is to pass counterfeited coins. It (3) Falsification
includes delivery or the act of giving them away.
A counterfeited coin is uttered when it is paid, In so far as coins in circulation are concerned,
when the offender is caught counting the there are two crimes that may be committed:
counterfeited coins preparatory to the act of (1) Counterfeiting coins
delivering them, even though the utterer may (2) Mutilation of coins
not obtain the gain he intended [Decisions of the
Supreme Court of Spain] Requisites of Mutilation under The RPC:
(1) Coin mutilated is of legal tender;
To import fake coins means to bring them into (2) Offender gains from the precious metal dust
port. The importation is complete before entry abstracted from the coin;
at the Customs House [US vs. Lyman] (3) It has to be a coin.
Kinds of coins the counterfeiting of which is “Mutilation” means to take off part of the metal
punished either by filling it or substituting it for another
metal of inferior quality.
187
Since the coins before were made of silver Elements:

and/or other precious metal, shaving the metal (a) Actually uttering; and
from the coins became a practice. Hence, the (b) Knowledge.
coin’s intrinsic value is diminished.
Possession prohibited in this article is not only
This is the only article that requires that the actual and physical possession, but also that of
mutilated coin be legal tender. a constructive one, or the subjection of the thing
to one’s control. The possessor should not be
Foreign coins are not covered in this article. the counterfeiter, mutilator or importer of the
[Reyes, 2012] coins.
Deliberate intent arises only when the offender As long as the offender has knowledge that the
collects the precious metal dust from the coin is false or mutilated, there is no need for
mutilated coin. him to connive with the counterfeiter or
mutilator.
PD 247 ARTICLE 166 – FORGING TREASURY OR

(July 18, 1973) BANK NOTES OR OTHER DOCUMENTS
PAYABLE TO BEARER; IMPORTING AND
Prohibiting and Penalizing Defacement, UTTERING SUCH FALSE OR FORGED
Mutilation, Tearing, Burning or Destruction of NOTES AND DOCUMENTS
Central Bank Notes and Coins
Acts punished
It shall be unlawful for any person to willfully (1) Forging or falsification of treasury or bank
deface, mutilate, tear, burn or destroy, in any notes or other documents payable to
manner whatsoever, currency notes and coins bearer;
issued by the Central Bank of the Philippines. (2) Importation of such false or forged
obligations or notes;
(3) Uttering of such false or forged obligations
ARTICLE 165 – SELLING OF FALSE OR or notes in connivance with the forgers or
MUTILATED COIN, WITHOUT importers.
CONNIVANCE
“Forging” - By giving any treasury or bank note,
Mode 1: Possession of coin, counterfeited or or any instrument payable to bearer, or to order
mutilated by another person, with intent to utter the appearance of a true and genuine document.
the same, knowing that it is false or mutilated;
“Falsification” - By erasing, substituting,
Elements: counterfeiting or altering by any means, the
(a) Possession; figures, letters, words, or signs contained
(b) With Intent to utter; and therein.
(c) Knowledge.
The instrument is payable to bearer:
Mode 2: Actually uttering such false or mutilated (1) When expressed to be so payable
coin, knowing the same to be false or mutilated.
188
(2) When payable to a person named therein or

bearer ARTICLE 168 - ILLEGAL POSSESSION AND
(3) When payable to the order of a fictitious or USE OF FALSE TREASURY OR BANK
non-existing person, and such fact was NOTES AND OTHER INSTRUMENTS OF
known to the person making it so payable CREDIT
(4) When the name of the payee does not
purport to be the name of any person Elements:
(5) When the only or last endorsement is an (a) Any treasury or bank note or certificate or
endorsement in blank. other obligation and security:
(i) Payable to bearer, or any instrument
Reason for this is that the forging tends to bring payable to order or other document of
such documents into discredit and the offense credit not payable to bearer is
produces a lack of confidence on the part of the (ii) Forged or falsified by another person;
holders of said documents to the prejudice of (b) Offender knows that any of those
society and of the State. instruments is forged or falsified;
(c) He either –
ARTICLE 167 – COUNTERFEITING, (i) Uses any of such forged or falsified
IMPORTING, AND UTTERING instruments; or
INSTRUMENTS NOT PAYABLE TO (ii) Possesses with intent to use any of such
BEARER forged or falsified instruments
Elements: The rule is that if a person had in his possession

(a) There is an instrument payable to order or a falsified document and he made use of it,
other document of credit not payable to taking advantage of it and profiting thereby, the
bearer; presumption is that he is the material author of
(b) Offender either forged, imported or uttered the falsification. [People vs. Sendaydiego, (1978)]
such instrument;
(c) In case of uttering, he connived with the Possession of false treasury or bank notes alone
forger or importer. is not a criminal offense.
An instrument is payable to order where it is Intent to use is sufficient to consummate the

drawn payable to the order of a specified person crime when the offender is in possession of false
or to him or his order. or falsified notes or obligations.
This covers instruments or other documents of The accused must have knowledge of the forged
credit issued by a foreign government or bank. character of the note.
Forgery of currency is punished so as to ARTICLE 169 - HOW FORGERY IS

maintain integrity of the currency and thus COMMITTED
insure the credit standing of the government.
(1) By giving to a treasury or bank note or any
Connivance is not required in uttering if the instrument payable to bearer or to order
utterer is the forger. mentioned therein, the appearance of a true
and genuine document;
ACTS OF FORGERY
189
(2) By erasing, substituting, counterfeiting, or (c) He has no proper authority therefor;

altering by any means the figures, letters, (d) The alteration has changed the meaning of
words, or sign contained therein. the documents.
Forgery includes falsification and counterfeiting. The writing must be:

(1) complete in itself; and
For possession of false treasury or bank note to (2) capable of extinguishing an obligation or
constitute a criminal offense, it must be with creating rights; or
intent to use. (3) capable of becoming evidence of the facts
stated therein.
The essence of forgery is giving a document the
appearance of a true and genuine document. Five classes of falsification:
(1) Falsification of legislative documents;
Not any alteration of a letter, number, figure or (2) Falsification of a document by a public
design would amount to forgery. At most, it officer, employee or notary public;
would only be frustrated forgery. (3) Falsification of a public or official, or
commercial documents by a private
Possession of genuine treasury notes of the individual;
Philippines any of “the figures, letters, words or (4) Falsification of a private document by any
signs contained” in which had been erased person;
and/or altered, with knowledge of such erasure (5) Falsification of wireless, telegraph and
and alteration, and with the intent to use such telephone messages.
notes in enticing another to advance funds for
the avowed purpose of financing the Falsification vs. Forgery
manufacture of counterfeit treasury notes of the Forgery Falsification
Philippines, is punishable under Art. 168 in
relation to Art. 166 (1) [Del Rosario vs. People] As used in Article 169, The commission of any
forgery refers to the of the 8 acts mentioned
Forgery can be committed through the use of falsification and in Article 171 on
genuine paper bills that have been withdrawn counterfeiting of legislative (only the act
from circulation, by giving them the appearance treasury or bank notes if making alteration)
of some other true and genuine document. or any instruments public or official,
[People vs. Galano] payable to bearer or to commercial or private
order documents or wireless
or telegraph messages.
ACTS OF FALSIFICATION
ARTICLE 170 - FALSIFICATION OF

LEGISLATIVE DOCUMENTS
Elements:
(a) There is a bill, resolution or ordinance ARTICLE 171 – FALSIFICATION BY PUBLIC
enacted or approved or pending approval by OFFICER, EMPLOYEE OR NOTARY OR
either House of the Legislature or any ECCLESIASTICAL MINISTER
provincial board or municipal council;
(b) Offender alters the same; Elements:
190
(a) Offender is a Public officer, employee, or (1) He has the duty to make or prepare, or
notary public; intervene in the preparation of the
(b) He Takes advantage of his official position; document; or
(c) He falsifies a document by committing any (2) He has the official custody of the document
of the following acts: he falsifies.
(1) Counterfeiting or imitating any
handwriting, signature or rubric; 3rd Element: Offender Falsifies a Document
(2) Causing it to appear that persons have A document is any written statement by which a
participated in any act or proceeding right or status is established or an obligation is
when they did not in fact so participate; extinguished.
(3) Attributing to persons who have
participated in an act or proceeding Par 1: Counterfeiting or imitating any
statements other than those in fact handwriting, signature or rubric.
made by them; 2 ways of committing falsification under this
(4) Making untruthful statements in a paragraph:
narration of facts; (1) Counterfeiting, which is imitating any
(5) Altering true dates; handwriting, signature or rubric
(6) Making any alteration or intercalation in (a) There should be an intent to imitate, or
a genuine document which changes its an attempt to imitate
meaning; (b) Two signatures, the genuine and the
(7) Issuing in an authenticated form: forged, should bear some resemblance.
(i) A document purporting to be a copy (2) Feigning, which is simulating a signature,
of an original document handwriting or rubric out of one which does
(ii) When no such original exists, or not actually exist.
(iii) Including in such a copy a
statement contrary to, or different Par 2: Causing it to appear that persons have
from, that of the genuine original; participated in any act or proceeding when they
(8) Intercalating any instrument or note did not in fact so participate.
relative to the issuance thereof in a
protocol, registry, or official book. Requisites:
(a) Offender caused it to appear in a document
1st Element: Persons Liable under this Article that a person/s participated in an act or
Under this article, only a public officer, proceeding.
employee or notary public, or ecclesiastical (b) Such person/s did not in fact participate.
minister can be the offender.
Par 3: Attributing to persons who have
The ecclesiastical minister is liable with respect participated in an act or proceeding statements
to any record or document that its falsification other than those in fact made by them
may affect the civil status of persons.
2nd Element: Offender Take Advantage of his

Official Position Requisites:
Offender takes advantage of his official position (a) Person/s participated in an act or
in falsifying a document when: proceeding
191
(b) Such person/s made statements in that act (2) The alteration of the date must affect the
or proceeding veracity of the documents or the effects
(c) Offender, in making a document, attributed thereof (such as dates of birth, marriage, or
to such person/s statements other than death).
those they in fact made.
Par 6: Making any alteration or intercalation in a
Par 4: Making untruthful statements in a genuine document which changes its meaning
narration of facts
Requisites:
Requisites: (a) There be an alteration (change) or
(a) Offender makes in a document statements intercalation (insertion) on a document.
in a narration of facts (b) It was made on a genuine document.
(b) He has a legal obligation to disclose truth of (c) Alteration or intercalation has changed the
facts meaning of the document.
(c) Facts narrated are absolutely false (d) Change made the document speak
(d) Perversion of truth in the narration was something false.
made with the wrongful intent of injuring a
third person. Change or insertion must affect the integrity or
effects of the document. Furthermore, the
There must be narration of facts, not conclusion alteration should make the document speak
of law. There should be a legal obligation to something false. Otherwise, it would merely be
disclose the truth. [Beradio vs. CA] a correction.
The person making the narration of facts must Par 7: Issuing in an authenticated form a
be aware of the falsity of facts narrated by him. document purporting to be a copy of an original
The narration of facts must be absolutely false. document when no such original exists, or
If there is some colorable truth in such including in such a copy a statement contrary to,
statements, crime of falsification is not deemed or different from, that of the genuine original
to have been committed.
Falsification in this paragraph cannot be
The existence of a wrongful intent to injure a committed by a private individual, or by a notary
third person is immaterial in falsification of a public, or by a public officer, who does not take
public document. [Siquian vs. People] advantage of his official position.
There can be falsification by omission. An This is because authentication of a document

assistant bookkeeper is guilty of falsification by can only be made by the custodian or the one
intentionally not putting a record in his personal who prepared and retained a copy of the
account of chits and destroyed them so he could original.
avoid paying the same. [People vs. Dizon] (1) Purporting to be a copy of the original when
no such original exists.
(2) Including in a copy a statement contrary to,
or different from, that of the genuine
Par 5: Altering true dates original.
(1) The date must be essential
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A private person who cooperates with a public

officer in the falsification of a public document (3) Commercial document or any document
is guilty of the crime and incurs the same recognized by the Code of Commerce or any
liability and penalty. commercial law; and
Par 1 Par 2 Par 3 Par 4 (4) A deed or instrument executed by a private

person without the intervention of a notary
May be a May be a May be a May be a public or other persons legally authorized. -
genuine genuine genuine genuine Private document in the execution of which
(later (later (later (later only private individuals take part.
falsified) or falsified) or falsified) or falsified) or
an entirely an entirely an entirely an entirely The element of damage is not necessary
fabricated fabricated fabricated fabricated because it is the interest of the community
document document document document which is intended to be guaranteed.
Par 5 Par 6 Par 7 Par 8
The character of the offender and his
May be a There There There
faithfulness to his duty is mainly taken into
genuine must be a must be a must be a
consideration.
(later genuine genuine genuine
falsified) or document document document
Public and Private Writings under The Rules Of
an entirely
Court:
fabricated
(1) Written official acts, or records, of the
document
official acts of the sovereign authority,
official bodies and tribunals, and public
Four Kinds of Documents officers
(1) Public document in the execution of which, (2) Documents acknowledged before a notary
a person in authority or notary public has public except last will and testaments
taken part; (3) Public records kept in the Philippines, of
(a) A document created, executed or issued private documents required by law to be
(b) By a public official entered therein.
(c) In response to the exigencies of the
public service, All other writings are private.
(d) Or in execution of w/c public official
intervened. After an investigation, a group of public officers
were caught and convicted of falsifying cash
(2) Official document in the execution of which vouchers.
a public official takes part;
(a) A document issued by a public official in On appeal the SC held that cash vouchers are
the exercise of the functions of his office. NOT commercial documents because they are
It falls within the larger class called not documents used by merchants or
public documents. businessmen to promote or facilitate credit
(b) A document required by a bureau to be transactions nor are they defined and regulated
filled by its officers for purposes of by the Code of Commerce or other commercial
record and information is a public law.
document.
193
Rather, they are private documents which have

been defined as: Mode 3: Use of falsified document.
(1) Deeds or instruments executed by a private
person Elements in introducing in a judicial proceeding
(2) Without the intervention of a public notary (a) Offender Knew that the document was
or of other person legally authorized, falsified by another person;
(3) By which some disposition or agreement is (b) The False document is in Articles 171 or 172
proved, evidenced or set forth. [People vs. (1 or 2);
Batulanon (2007)] (c) He Introduced said document in evidence in
any judicial proceeding.
ARTICLE 172 – FALSIFICATION BY
PRIVATE INDIVIDUAL AND USE OF Elements in use in any other transaction –
FALSIFIED DOCUMENTS (a) Offender Knew that a document was
falsified by another person;
Mode 1: Falsification of public, official or (b) The False document is embraced in Articles
commercial document by a private individual; 171 or 172 (1 or 2);
(c) He Used such document;
Elements: (d) The use caused Damage to another or at
(a) Offender is a Private individual OR Public least used with intent to cause damage.
officer or employee who did not take
advantage of his official position; In the falsification of public or official
(b) He committed any act of Falsification (Art. documents, it is not necessary that there be
171); present the idea of gain or the intent to cause
(c) The falsification was committed in a public, damage. This is because the principal thing
official, or commercial document or letter of punished is the violation of public faith and
exchange. destruction of the truth as therein solemnly
proclaimed.
Mode 2: Falsification of private document by any
person; The existence of a wrongful intent to injure a
third person is not necessary when the falsified
Elements: document is a public document. [Siquian vs.
(a) Offender committed any of the acts of People]
Falsification except Article 171(7), that is,
(1) Issuing in an authenticated form a Note: This statement applies as well to
document purporting to be a copy of an commercial documents, because as to this kind
original document when no such of document, a credit is sought to be protected.
original exists, or [Reyes]
(2) Including in such a copy a statement
contrary to, or different from, that of the Since damage is not an element of falsification
genuine original; of a public document, it could be complexed
(b) Falsification was committed in any Private with estafa, theft or malversation as a necessary
document; means to commit the latter crimes.
(c) Falsification causes Damage to a third party
or at least the falsification was committed There is no crime of falsification of private
with intent to cause such damage. document through negligence or imprudence.
194
Mode 1: Uttering fictitious wireless, telegraph or

If the document is intended by law to be part of telephone message;
the public or official record, the falsification,
although it was private at the time of Elements:
falsification, it is regarded as falsification of a (a) Offender is an officer or employee of the
public or official document. government or an officer or employee of a
private corporation, engaged in the service
Falsification through imprudence implies lack of of sending or receiving wireless, cable or
such intent, thus there is no crime of telephone message;
falsification of a private document through (b) He utters fictitious wireless, cable,
negligence or imprudence. telegraph or telephone message.
The possessor of a falsified document is Mode 2: Falsifying wireless, telegraph or

presumed to be the author of the falsification. telephone message;
[People vs. Manansala]
Elements:
The presumption also holds if the use was so (a) Offender is an officer or employee of the
closely connected in time with the falsification government or an officer or employee of a
and the user had the capacity of falsifying the private corporation, engaged in the service
document. [People vs. Sendaydiego] of sending or receiving wireless, cable or
telephone message;
There is no crime of estafa through falsification (b) He falsifies wireless, cable, telegraph or
of a private document. Both crimes, separately, telephone message.
require the element of damage, which each of
the two should have its own. Mode 3: Using such falsified message.
The fraudulent gain obtained through deceit
should not be the very same damage caused by Elements:
the falsification of the private document. (a) Offender knew that wireless, cable,
telegraph, or telephone message
In the crime of falsification of a public document, (1) Was falsified by an officer or employee
the prescriptive period commences from the of the government or an officer or
time the offended party had constructive notice employee of a private corporation
of the alleged forgery after the document was engaged in the service of sending or
registered with the Register of Deeds [People vs. receiving wireless, cable or telephone
Villalon] message;
(b) He used such falsified dispatch;
(c) The use resulted in the prejudice of a third
party or at least there was intent to cause
such prejudice.
ARTICLE 173 – FALSIFICATION OF
WIRELESS, CABLE, TELEGRAPH AND The public officer, to be liable, must be engaged
TELEPHONE MESSAGES, AND USE OF in the service of sending or receiving wireless,
SAID FALSIFIED MESSAGES cable, telegraph or telephone message.
195
A private individual cannot be a principal by (1) Physician or surgeon, in connection with

direct participation in falsification of telegraphic the practice of his profession, issues a
dispatches under Article 173, unless he is an false Medical certificate;
employee of a corporation engaged in the (2) Public officer issues a false certificate of
business of sending or receiving wireless, Merit of service, good conduct or similar
telegraph or telephone messages. But a private circumstances;
individual can be held criminally liable as (3) Private Person falsifies a certificate
principal by inducement. falling within the 2 preceding
subdivisions.
ARTICLE 174 – FALSE MEDICAL (b) Offender Knows that the certificate was
CERTIFICATES, FALSE CERTIFCATES OF false;
MERITS OF SERVICE, ETC. (c) He Uses the same.
When any of the false certificates mentioned in

Persons liable
Article 174 is used in a judicial proceeding,
(1) Physician or surgeon who, in connection
Article 172 does not apply, because the use of
with the practice of his profession, issues a
false document in judicial proceeding under
false certificate (it must refer to the illness
Article 172 is limited to those false documents
or injury of a person);
embraced in Articles 171 and 172.
Note: The crime here is false medical

ARTICLE 176 – MANUFACTURING AND
certificate by a physician.
POSSESSION OF INSTRUMENTS OR
(2) Public officer who issues a false certificate IMPLEMENTS FOR FALSIFICATION
of merit of service, good conduct or similar
circumstances; Acts punished:
(1) Making or introducing into the Philippines
Note: The crime here is false certificate of any stamps, dies, marks, or other
merit or service by a public officer. instruments or implements for
counterfeiting or falsification;
(3) Private person who falsifies a certificate (2) Possession with intent to use the
falling within the classes mentioned in the instruments or implements for
two preceding subdivisions. counterfeiting or falsification made in or
introduced into the Philippines by another
Note: The crime here is false medical person.
certificate by a private individual or false
certificate of merit or service by a private As in Article 165, the possession contemplated
individual. here is constructive possession. The implements
confiscated need not form a complete set.
ARTICLE 175 – USING FALSE OTHER FALSITIES

CERTIFICATES
ARTICLE 177 - USURPATION OF
Elements: AUTHORITY OR OFFICIAL FUNCTIONS
(a) The following Issues a false certificate:
196
Mode 1: Usurpation of authority. (no connection Elements:

with the office represented) (a) Offender uses a name other than his real
name;
The mere act of knowingly and falsely (b) He uses the fictitious name publicly;
representing oneself to be an officer is sufficient. (c) Purpose of use is to conceal a crime, to
It is not necessary that he perform an act evade the execution of a judgment or to
pertaining to a public officer. cause damage [to public interest – Reyes].
Elements: Mode 2: Concealing true name

(a) Offender knowingly and falsely Represents
himself; Elements:
(b) As an Officer, agent or representative of any (a) Offender conceals his true name and other
department or agency of the Philippine personal circumstances;
government or of any foreign government. (b) Purpose is only to conceal his identity.
Mode 2: Usurpation of official functions. (excess Use of Fictitious Name Concealing True Name
of authority)
Element of Publicity Publicity not necessary
In usurpation of official functions, it is essential Purpose is to conceal a Merely to conceal
that the offender should have performed an act crime, evade execution identity.
pertaining to a person in authority or public of judgment, cause
officer, in addition to other requirements. damage)
Elements If the purpose is for causing damage, it must be

(a) Offender Performs any act; damage to public interest.
(b) Pertaining to any person in authority or
public officer of the Philippine government If it is damage to private interest, the crime will
or any foreign government, or any agency be estafa under Art 315 2(a).
thereof;
(c) Under Pretense of official position; ARTICLE 179 - ILLEGAL USE OF
(d) Without being lawfully entitled to do so UNIFORMS AND INSIGNIA
The offender should have: Elements:

(1) represented himself to be an officer, agent (a) Offender makes Use of insignia, uniforms or
or representative of any agency of the dress;
government; or (b) The insignia, uniforms or dress pertains to
(2) performed an act pertaining to a person in an Office not held by such person or a class
authority or public officer. of persons of which he is not a member;
(c) Said insignia, uniform or dress is Used
Article 177 may be violated by a public officer. publicly and improperly.
ARTICLE 178 - USING FICTITIOUS AND
CONCEALING TRUE NAME Exact imitation of a uniform or dress is
unnecessary; a colorable resemblance
Mode 1: Using fictitious name calculated to deceive the common run of people
is sufficient.
197
(c) In a Criminal case.

ARTICLE 180 - FALSE TESTIMONY
AGAINST A DEFENDANT The testimony need not in fact be beneficial to
the defendant. It is not necessary that the
Elements: testimony should directly influence the decision
(a) There is a Criminal proceeding; of acquittal, it being sufficient that it was given
(b) Offender Testifies falsely under oath against with the intent to favor the accused.
the defendant therein;
(c) Offender who gives false testimony Knows Conviction or acquittal of defendant in the
that it is false. principal case is not necessary.
(d) Defendant against whom the false
testimony is given is either acquitted or Rectification made spontaneously after
convicted in a Final judgment. realizing the mistake is not false testimony.
The witness who gave the false testimony is Penalty for false testimony against the accused
liable even if his testimony was not considered is based on the sentence imposed or if accused
by the court. is acquitted; that for testimony favorable to the
accused is based on the imposable penalty. The
False Testimony – committed by a person who, rationale for the difference is the measure of the
being under oath and required to testify as to wrong occasioned by the injustice in each case,
the truth of a certain matter at a hearing before i.e. the undeserved sentence and the imposable
a competent authority, shall deny the truth or penalty avoided, respectively.
say something contrary to it.
ARTICLE 182 - FALSE TESTIMONY IN CIVIL
False testimony is punished because of its CASES
tendency to prejudice defendant.
Elements:
Three forms of false testimony: (a) Testimony Given in a civil case;
(1) False testimony in criminal cases under (b) Testimony Relates to the issues presented
Article 180 and 181; in said case;
(2) False testimony in civil case under Article (c) Testimony is False;
182; (d) Offender Knows that testimony is false;
(3) False testimony in other cases under Article (e) Testimony is Malicious
183. (f) And given with an intent to affect the issues
presented in said case.
Articles 180 – 184 punish the acts of making
false testimonies because such acts seriously Falsity of testimony must first be established.
expose society to miscarriage of justice.
Art. 182 does not apply in special proceedings.
ARTICLE 181 - FALSE TESTIMONY These are covered by Art. 183 under “other
FAVORABLE TO THE DEFENDANT cases”.
Elements: Pending the determination of the falsity of the

(a) A person Gives false testimony; subject testimonies in the civil case, the criminal
(b) In Favor of the defendant;
198
action for false testimony must perforce be It is not necessary that there be a law requiring
suspended. the statement to be made under oath, as long
as it is made for a legal purpose.
ARTICLE 183 - FALSE TESTIMONY IN
OTHER CASES AND PERJURY IN SOLEMN Perjury is a crime other than false testimony in
AFFIRMATION criminal cases or false testimony in civil cases,
which are perversions of truth in judicial
Acts Punished proceedings.
(1) By falsely Testifying under oath;
(2) By Making a false affidavit. Perjury is an offense which covers false oaths
other than those taken in the course of judicial
Note: The false testimony should not be in a proceedings. [US vs. Estrada]
judicial proceeding. [Diaz vs. People]
Subornation of perjury is committed by a person
Elements of perjury: who knowingly and willfully procures another to
(a) Offender Makes a statement under oath or swear falsely and the witness suborned does
executes an affidavit upon a material testify under circumstances rendering him
matter; guilty of perjury. [US vs. Ballena] Subornation of
(b) The statement or affidavit is made Before a perjury is not expressly penalized in the RPC;
competent officer, authorized to receive and but the direct induction of a person by another
administer oaths; to commit perjury may be punished under
(c) Offender makes a Willful and deliberate Article 183 in relation to Article 17.
assertion of a falsehood in the statement or
affidavit; Material Relevant Pertinent
(d) The sworn statement or affidavit containing Directed to Tends in any Concerns
the falsity is Required by law, that is, it is prove a fact in reasonable collateral
made for a legal purpose. issue degree to matters which
establish make more or
The statement should be outside the coverage probability or less probable
of art 180-181. improbability the
of a fact in proposition at
Oath – any form of attestation by which a issue issue
person signifies that he is bound by conscience
to perform an act faithfully and truthfully.
Affidavit – sworn statement in writing;

declaration in writing, made upon oath before
an authorized magistrate or officer.
ARTICLE 184 - OFFERING FALSE
There could be no perjury through negligence or TESTIMONY IN EVIDENCE
imprudence. This is because of the requirement
that the assertion of a falsehood be made Elements:
willfully and deliberately. Hence, good faith or (a) Offender Offers in evidence a false witness
lack of malice is a defense in perjury. or testimony;
199
(b) He Knows that the witness or the testimony ARTICLE 186 – MONOPOLIES AND
was false; COMBINATIONS IN RESTRAINT OF
(c) The offer is made in any Judicial or Official TRADE
proceeding.
Note: This article has been repealed by the
Offer of evidence begins at the moment a Philippine Competition Act, which was signed
witness is called to the stand and interrogated into law on July 21, 2015.
by counsel. The witness must testify.
Mode 1: Combination to prevent free competition
ARTICLE 185 - MACHINATIONS IN PUBLIC in the market
AUCTIONS
Elements:
Mode 1: Soliciting any gift or promise as a (a) Entering into any contract or agreement; or
consideration for refraining from taking part in taking part in any conspiracy or
any public auction; combination in the form of a trust or
otherwise;
Elements: (b) In restraint of trade or commerce or to
(a) There is a Public auction; prevent by artificial means free competition
(b) Offender Solicits any gift or a promise from in the market
any of the bidders;
(c) Such gift or promise is the Consideration for Mode 2: Monopoly to restrain free competition in
his refraining from taking part in that public the market
auction;
(d) Offender has the Intent to cause the Elements:
reduction of the price of the thing auctioned. (a) Monopolizing any merchandise or object of
trade or commerce; or
Mode 2: Attempting to cause bidders to stay (b) Combining with any other person or persons
away from an auction by threats, gifts, promises to monopolize said merchandise or object in
or any other artifice. order to alter the prices thereof by
spreading false rumors or making use of
Elements: any other artifice to restrain free
(a) There is a public auction; competition in the market
(b) Offender attempts to cause the bidders to
stay away from that public auction; Mode 3: Manufacturer, producer, or processor or
(c) It is done by threats, gifts, promises or any importer combining, conspiring or agreeing with
other artifice; any person to make transactions prejudicial to
(d) Offender had the Intent to cause the lawful commerce or to increase the market price
reduction of the price of the thing auctioned of merchandise
The crime is consummated by: Elements:

(1) Mere solicitation of gift or promise as (a) Person liable: (1) manufacturer, (2) producer,
consideration for not bidding, or (3) processor, or (4) importer of any
(2) By mere attempt to cause prospective merchandise or object of commerce
bidders to stay away from an auction. (b) Crime committed by: (1) combining, (2)
conspiring, or (3) agreeing with any person
200
(c) Purpose: (1) to make transactions prejudicial RA 9194: ANTI-MONEY LAUNDERING ACT
to lawful commerce, or (2) to increase the
market price of any merchandise or object Covered transaction is a transaction in cash or
of commerce manufactured, produced, other equivalent monetary instrument involving
processed, assembled, or imported into the a total amount in excess of Five hundred
Philippines thousand pesos (P500,000.00) within one (1)
banking day.
Theory of the law: Competition, not combination,
should be the law of trade Suspicious transaction are transactions with
covered institutions, regardless of the amounts
Mere conspiracy or combination is punished. involved, where any of the following
circumstances exist
If the offense affects any food substance or (1) there is no underlying legal or trade
other article of prime necessity, it is sufficient obligation, purpose or economic
that initial steps are taken. justification;
(2) the client is not properly identified;
When offense is committed by a corporation or (3) the amount involved is not commensurate
association, the president and directors or with the business or financial capacity of the
managers are liable. client;
(4) taking into account all known
ARTICLE 187 – IMPORTATION AND circumstances, it may be perceived that the
DISPOSITION OF FALSELY MARKED client’s transaction is structured in order to
ARTICLES OR MERCHANDISE MADE OF avoid being the subject of reporting
GOLD, SILVER, OR OTHER PRECIOUS requirements under the Act;
METALS OR THEIR ALLOYS (5) any circumstance relating to the transaction
which is observed to deviate from the profile
Elements: of the client and/or the client’s past
(a) Offender imports, sells or disposes of any of transactions with the covered institution;
those articles or merchandise (i.e. gold, (6) the transaction is in any way related to an
silver, other precious metals or their alloys) unlawful activity or offense under this Act
(b) The stamps, brands, or marks of those that is about to be, is being or has been
articles of merchandise fail to indicate the committed; or
actual fineness or quality of said metals or (7) any transaction that is similar or analogous
alloys to any of the foregoing.
(c) Offender knows that the stamps, brands, or
marks fail to indicate the actual fineness or Unlawful activity – any act or omission or series
quality of the metals or alloys or combination thereof involving or having
direct relation to the following:
Selling the misbranded articles is not necessary. (1) kidnapping for ransom under Article 267 of
Article 187 does not apply to manufacturer of Act No. 3815, otherwise known as the
misbranded articles – he would be liable for Revised Penal Code, as amended;
estafa under Art. 315(2)(b). (2) Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and
16 of Republic Act No. 9165, otherwise
known as the Comprehensive Dangerous
SPECIAL LAWS
Drugs Act of 2002;
201
(3) Section 3 paragraphs B, C, E, G, H and I of (a) Any person knowing that any monetary
Republic Act No. 3019, as amended, instrument or property represents, involves,
otherwise known as the Anti-Graft and or relates to, the proceeds of any unlawful
Corrupt Practices Act; activity, transacts or attempts to transact
(4) Plunder under Republic Act No. 7080, as said monetary instrument or property.
amended; (b) Any person knowing that any monetary
(5) Robbery and extortion under Articles 294, instrument or property involves the
295, 296, 299, 300, 301 and 302 of the proceeds of any unlawful activity, performs
Revised Penal Code, as amended; or fails to perform any act as a result of
(6) Jueteng and Masiao punished as illegal which he facilitates the offense of money
gambling under Presidential Decree No. laundering referred to in paragraph (a)
1602; above.
(7) Piracy on the high seas under the Revised (c) Any person knowing that any monetary
Penal Code, as amended and Presidential instrument or property is required under
Decree No. 532; this Act to be disclosed and filed with the
(8) Qualified theft under Article 310 of the Anti-Money Laundering Council (AMLC),
Revised Penal Code, as amended; fails to do so.
(9) Swindling under Article 315 of the Revised
Penal Code, as amended; Articles 188-189 have been repealed by RA
(10) Smuggling under Republic Act Nos. 455 8293 (The Intellectual Property Code of the
and 1937; Philippines)
(11) Violations under Republic Act No. 8792,
otherwise known as the Electronic Sec. 155. Remedies; Infringement. - Any person
Commerce Act of 2000; who shall, without the consent of the owner of
(12) Hijacking and other violations under the registered mark:
Republic Act No. 6235; destructive arson
and murder, as defined under the Revised
Penal Code, as amended, including those
perpetrated by terrorists against non- 155.1. Use in commerce any reproduction,
combatant persons and similar targets; counterfeit, copy, or colorable imitation of a
(13) Fraudulent practices and other violations registered mark or the same container or a
under Republic Act No. 8799, otherwise dominant feature thereof in connection with the
known as the Securities Regulation Code of sale, offering for sale, distribution, advertising
2000; of any goods or services including other
(14) Felonies or offenses of a similar nature that preparatory steps necessary to carry out the
are punishable under the penal laws of sale of any goods or services on or in connection
other countries." with which such use is likely to cause confusion,
or to cause mistake, or to deceive; or
Sec. 4. Money Laundering Offense. – Money
laundering is a crime whereby the proceeds of
an unlawful activity as herein defined are
transacted, thereby making them appear to 155.2. Reproduce, counterfeit, copy or colorably
have originated from legitimate sources. It is imitate a registered mark or a dominant feature
committed by the following: thereof and apply such reproduction,
counterfeit, copy or colorable imitation to
202
labels, signs, prints, packages, wrappers, competition, the following shall be deemed
receptacles or advertisements intended to be guilty of unfair competition:
used in commerce upon or in connection with
the sale, offering for sale, distribution, or (a) Any person, who is selling his goods and
advertising of goods or services on or in gives them the general appearance of
connection with which such use is likely to cause goods of another manufacturer or dealer,
confusion, or to cause mistake, or to deceive, either as to the goods themselves or in the
shall be liable in a civil action for infringement wrapping of the packages in which they are
by the registrant for the remedies hereinafter contained, or the devices or words thereon,
set forth: Provided, That the infringement takes or in any other feature of their appearance,
place at the moment any of the acts stated in which would be likely to influence
Subsection 155.1 or this subsection are purchasers to believe that the goods offered
committed regardless of whether there is actual are those of a manufacturer or dealer, other
sale of goods or services using the infringing than the actual manufacturer or dealer, or
material. who otherwise clothes the goods with such
appearance as shall deceive the public and
defraud another of his legitimate trade, or
any subsequent vendor of such goods or any
Sec. 168. Unfair Competition, Rights, Regulation agent of any vendor engaged in selling such
and Remedies. - 168.1. A person who has goods with a like purpose;
identified in the mind of the public the goods he (b) Any person who by any artifice, or device, or
manufactures or deals in, his business or who employs any other means calculated to
services from those of others, whether or not a induce the false belief that such person is
registered mark is employed, has a property offering the services of another who has
right in the goodwill of the said goods, business identified such services in the mind of the
or services so identified, which will be protected public; or
in the same manner as other property rights. (c) Any person who shall make any false
statement in the course of trade or who
shall commit any other act contrary to good
faith of a nature calculated to discredit the
168.2. Any person who shall employ deception goods, business or services of another.
or any other means contrary to good faith by
which he shall pass off the goods manufactured
by him or in which he deals, or his business, or Sec. 169. False Designations of Origin; False
services for those of the one having established Description or Representation. - 169.1. Any
such goodwill, or who shall commit any acts person who, on or in connection with any goods
calculated to produce said result, shall be guilty or services, or any container for goods, uses in
of unfair competition, and shall be subject to an commerce any word, term, name, symbol, or
action therefor. device, or any combination thereof, or any false
designation of origin, false or misleading
description of fact, or false or misleading
representation of fact, which:
168.3. In particular, and without in any way
limiting the scope of protection against unfair (a) Is likely to cause confusion, or to cause
mistake, or to deceive as to the affiliation,
203
connection, or association of such person

with another person, or as to the origin, Note: Art 190-194 were repealed by RA 6425,
sponsorship, or approval of his or her goods, known as the “Dangerous Drug Act of 1972.” RA
services, or commercial activities by another No. 9165, known as the “Comprehensive
person; or Dangerous Drug Act of 2002” in turn repealed
(b) In commercial advertising or promotion, RA No. 6425.
misrepresents the nature, characteristics,
qualities, or geographic origin of his or her DEFINITION OF IMPORTANT TERMS
or another person's goods, services, or
commercial activities, shall be liable to a Dangerous drugs - include those listed in:
civil action for damages and injunction (1) The Schedules annexed to the 1961 Single
provided in Sections 156 and 157 of this Act Convention on Narcotic Drugs, as amended
by any person who believes that he or she is by the 1972 Protocol, and
or is likely to be damaged by such act. (2) The Schedules annexed to the 1971 Single
Convention on Psychotropic Substances as
enumerated in the attached annex which is
169.2. Any goods marked or labelled in an integral part of this Act. [Sec. 3(j), RA
contravention of the provisions of this Section 9165]
shall not be imported into the Philippines or
admitted entry at any customhouse of the Chemical Diversion - The sale, distribution,
Philippines. The owner, importer, or consignee supply or transport of legitimately imported, in-
of goods refused entry at any customhouse transit, manufactured or procured controlled
under this section may have any recourse under precursors and essential chemicals, in diluted,
the customs revenue laws or may have the mixtures, or in concentrated form, to any person
remedy given by this Act in cases involving or entity engaged in the manufactured of any
goods refused entry or seized. (Sec. 30, R.A. No. dangerous drugs, and shall include packaging,
166a) labelling, or concealment of such transaction.
Controlled Precursors and Essential Chemicals -

Sec. 170. Penalties. - Independent of the civil and Include those listed in Tables I and II of the 188
administrative sanctions imposed by law, a UN Convention Against Illicit Traffic in Narcotics
criminal penalty of imprisonment from two (2) Drugs and Psychotropic Substances.
years to five (5) years and a fine ranging from
Fifty thousand pesos (P50,000) to Two hundred
thousand pesos(P200,000), shall be imposed
ACTS PUNISHED
on any person who is found guilty of committing
any of the acts mentioned in Section 155, (1) Importation of Dangerous Drugs and/or
Section 8 and Subsection 169.1. Controlled Precursors and Essential
Chemical [Sec. 4]
(2) Sale, Trading, Administration, Dispensation,
Title V. Crimes Relative Delivery, Distribution and Transportation of
Dangerous Drugs and/or Controlled
to Opium and Other Precursors and Essential Chemicals [Sec. 5]
(a) the identity of the buyer and the seller,
Prohibited Drugs the object of the sale and the
consideration; and
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(b) the delivery of the thing sold and its

payment. (11) Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
There must be proof that the transaction or Dangerous Drugs During Parties, Social
sale actually took place and that the corpus Gatherings or Meetings [Sec. 14]
delicti be presented in court as evidence (12) Use of Dangerous Drugs [Sec. 15]
[People vs. Musa, 2012] (13) Cultivation or Culture of Plants Classified as
Dangerous Drugs or are Sources Thereof.
(3) Maintenance of a Den, Dive or Resort. [Sec. [Sec. 16]
6] (14) Maintenance and Keeping of Original
(4) Employees and Visitors of a Den, Dive or Records of Transactions on Dangerous
Resort [Sec. 7] Drugs and/or Controlled Precursors and
(5) Manufacture of Dangerous Drugs and/or Essential Chemicals [Sec. 17]
Controlled Precursors and Essential (15) Unnecessary Prescription of Dangerous
Chemicals [Sec. 8] Drugs [Sec. 18]
(6) Illegal Chemical Diversion of Controlled (16) Unlawful Prescription of Dangerous Drugs
Precursors and Essential Chemicals. [Sec. 9] [Sec. 19]
(7) Manufacture or Delivery of Equipment,
Instrument, Apparatus, and Other PENALTIES FOR UNLAWFUL ACTS
Paraphernalia for Dangerous Drugs and/or
Controlled Precursors and Essential (1) The penalty of life imprisonment to death
Chemicals. [Sec. 10] and a fine ranging from P500,000 to
(8) Possession of Dangerous Drugs [Sec. 11] P10,000,000 - Those acts which include or
(a) the accused was in possession of the involve any dangerous drugs [Secs. 4, 5, 6, 8,
dangerous drug 11, 16 and 19]
(b) such possession is not authorized by law (2) The penalty of 12 years and 1 day to 20 years
(c) accused freely and consciously of imprisonment and a fine ranging from
possessed the dangerous drug P100,000.00 to P500,000
(a) Those acts which involve any controlled
(9) Possession of Equipment, Instrument, precursor and essential chemical [Secs.
Apparatus and Other Paraphernalia for 4, 5, 6, 8, 9 and 10]
Dangerous Drugs [Sec. 12] (b) Anyone who acts as a "protector/
(10) Possession of Dangerous Drugs During coddler" of any violator of the provisions
Parties, Social Gatherings or Meetings [Sec. under sections 4, 5, 6, 8 and 16
13] (c) Sections 7, 10, 16, 17.
(a) the accused was in possession of the (3) The maximum penalty provided for under
dangerous drug, sections 4, 5, 6, 8 and 16 shall be imposed
(b) such possession is not authorized by law upon any person, who organizes, manages
(c) the accused freely and consciously or acts as a "financier" of any of the illegal
possessed the dangerous drug activities prescribed in those sections.
(d) the possession of the dangerous drug (4) Any person charged under any provision of
must have occurred during a party, or at this Act regardless of the imposable penalty
a social gathering or meeting, or in the shall not be allowed to avail of the provision
proximate company of at least two (2) on plea-bargaining. [Sec. 23, Art. II, RA
persons [People vs. Martinez, 2010] 9165]
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Any person who is found guilty of "planting" any

Any person convicted for drug trafficking or dangerous drug and/or controlled precursor
pushing under this Act, regardless of the and essential chemical, regardless of quantity
penalty imposed by the Court, cannot avail of and purity, shall suffer the penalty of death.
the privilege granted by the Probation Law or [Sec. 29, Art. II, RA 9165]
Presidential Decree No. 968, as amended. [Sec.
24, Art. II, RA 9165] In case any violation of this Act is committed by
a partnership, corporation, association or any
Notwithstanding the provisions of any law to juridical entity, the partner, president, director,
the contrary, a positive finding for the use of manager, trustee, estate administrator, or
dangerous drugs shall be a qualifying officer who consents to or knowingly tolerates
aggravating circumstance in the commission of such violation shall be held criminally liable as
a crime by an offender, and the application of a co-principal. [Sec. 30, Art. II, RA 9165]
the penalty provided for in the Revised Penal
Code shall be applicable. [Sec. 25, Art. II, RA In addition to the penalties prescribed in the
9165] unlawful act committed, any alien who violates
such provisions of this Act shall, after service of
Any attempt or conspiracy to commit the sentence, be deported immediately without
following unlawful acts shall be penalized by further proceedings, unless the penalty is death.
the same penalty prescribed for the commission [Sec. 31, Art. II, RA 9165]
of the same as provided under this Act [Sec. 26,
Art. II, RA 9165]: Accessory Penalties: A person convicted under
(a) Importation of any dangerous drug and/or this Act shall be disqualified to exercise his/her
controlled precursor and essential civil rights such as but not limited to:
chemical; (1) the rights of parental authority or
(b) Sale, trading, administration, dispensation, guardianship, either as to the person or
delivery, distribution and transportation of property of any ward;
any dangerous drug and/or controlled (2) the rights to dispose of such property by any
precursor and essential chemical; act or any conveyance inter vivos, and
(c) Maintenance of a den, dive or resort where (3) political rights such as but not limited to the
any dangerous drug is used in any form; right to vote and be voted for.
(d) Manufacture of any dangerous drug and/or
controlled precursor and essential Such rights shall also be suspended during the
chemical; pendency of an appeal from such conviction.
(e) Cultivation or culture of plants which are [Sec. 35, Art. II, RA 9165]
sources of dangerous drugs.
Possession of marijuana is absorbed in the sale
The maximum penalties of the unlawful acts thereof, except where the seller is further
provided for in this Act shall be imposed, in apprehended in possession of another quantity
addition to absolute perpetual disqualification of the prohibited drugs not covered by or
from any public office, if those found guilty of included in the sale and which are probably
such unlawful acts are government officials and intended for some future dealings or use by the
employees. [Sec. 28, Art. II, RA 9165] seller. [People vs. Lacerna, 1997]
206
The crime of illegal sale of dangerous drugs witness;

necessarily includes the crime of illegal (e) The informant or witness shall strictly
possession of dangerous drugs. The same and faithfully comply without delay, any
ruling may also be applied to the other acts condition or undertaking, reduced into
penalized under Article II, Section 5 of Republic writing, lawfully imposed by the State
Act No. 9165 because for the accused to be able as further consideration for the grant of
to trade, administer, dispense, deliver, give immunity from prosecution and
away to another, distribute, dispatch in transit, punishment.
or transport any dangerous drug, he must Provided, further, That this immunity may
necessarily be in possession of said drugs be enjoyed by such informant or witness
[People vs. Maongco, 2013] who does not appear to be most guilty for
the offense with reference to which the
IMMUNITY FROM PROSECUTION AND information or testimony were given:
PUNISHMENT Provided, finally, That there is no direct
evidence available for the State except for
(1) Any person who has violated Sections 7, 11, the information and testimony of said
12, 14, 15, and 19, Article II of this Act, informant or witness. [Sec. 33, Art. II, RA
(2) Who voluntarily gives information about any 9165]
violation of Sections 4, 5, 6, 8, 10, 13, and 16,
Article II of this Act as well as any violation Termination of Grant of Immunity [Sec. 34, Art.
of the offenses mentioned if committed by a II, RA 9165]:
drug syndicate, or any information leading (1) The immunity granted to the informant or
to the whereabouts, identities and arrest of witness, as prescribed in Section 33 of this
all or any of the members thereof; Act, shall not attach should it turn out
(3) Who willingly testifies against such persons subsequently that the information and/or
as described above, shall be exempted from testimony is false, malicious or made only
prosecution or punishment for the offense for the purpose of harassing, molesting or in
with reference to which his/her information any way prejudicing the persons described
of testimony were given, and may plead or in the preceding Section against whom such
prove the giving of such information and information or testimony is directed. In such
testimony in bar of such prosecution: case, the informant or witness shall be
Provided the following conditions concur: subject to prosecution and the enjoyment of
(a) The information and testimony are all rights and benefits previously accorded
necessary for the conviction of the him under this Act or any other law, decree
persons described above; or order shall be deemed terminated.
(b) Such information and testimony are not (2) In case an informant or witness under this
yet in the possession of the State; Act fails or refuses to testify without just
(c) Such information and testimony can be cause, and when lawfully obliged to do so,
corroborated on its material points; or violate any condition accompanying such
(d) The informant or witness has not been immunity as provided above, his/her
previously convicted of a crime involving immunity shall be removed and he/she
moral turpitude, except when there is shall likewise be subject to contempt
no other direct evidence available for and/or criminal prosecution, as the case
the State other than the information may be, and the enjoyment of all rights and
and testimony of said informant or benefits previously accorded him under this
207
Act or in any other law, decree or order shall (6) The PDEA shall then within 24 hours
be deemed terminated. proceed with the destruction or burning of
the same, in the presence of the accused,
Custody and Disposition of Seized Substances his his/her representative or counsel, a
The PDEA shall take charge and have custody representative from the media and the DOJ,
of all dangerous drugs, plant sources of civil society groups and any elected public
dangerous drugs, controlled precursors and official.
essential chemicals, as well as (7) The Board shall then issue a sworn
instruments/paraphernalia and/or laboratory certification to the fact of destruction or
equipment so confiscated, seized and/or burning of the subject items which, together
surrendered, for proper disposition in the with the representative samples in the
following manner [Sec. 21, Art. II, RA 9165]: custody of the PDEA, shall be submitted to
(1) The apprehending team shall physically the court having jurisdiction over the case.
inventory and photograph the same in the In all instances, the representative
presence of the accused, his representative sample/s shall be kept to a minimum
or counsel, a representative from the media quantity as determined by the Board;
and the DOJ, and any elected public official (8) After the promulgation and judgment in the
who shall be required to sign the copies of criminal case wherein the representative
the inventory and be given a copy thereof; sample/s was presented as evidence in
(2) Within 24 hours upon confiscation/seizure court, the trial prosecutor shall inform the
of dangerous drugs, plant sources of Board of the final termination of the case
dangerous drugs, controlled precursors and and, in turn, shall request the court for
essential chemicals, as well as leave to turn over the said representative
paraphernalia and/or laboratory sample/s to the PDEA for proper disposition
equipment, the same shall be submitted to and destruction within 24 hours from
the PDEA Forensic Laboratory for a receipt of the same.
qualitative and quantitative examination;
(3) A certification of the results, done under Chain of Custody – the duly recorded
oath by the forensic laboratory examiner, authorized movements and custody of subject
shall be issued within 24 hours after receipt items at each stage, from the time of seizure to
of the subject items. When the volume of presentation to the court for destruction. Such
the subject does not allow the completion of record of movements and custody of seized
testing within 24 hours, a partial report items shall include the identity and signature of
shall be issued stating therein the quantity the person who held temporary custody of the
of dangerous drugs still to be examined by seized items, the date and time when such
the forensic laboratory; and a final transfer of custody was made in the course of
certification shall be issued on the safekeeping and use in court as evidence, and
completed forensic laboratory examination the final disposition. [Sec. 1b, DDB Resolution
on the same within the next 24 hours; No. 1, Series of 2002, implementing RA 9165]
(4) Filing of the criminal case in court.
(5) The Court shall, within 72 hours, conduct an Non-compliance with these requirements under
ocular inspection of the confiscated, seized justifiable grounds, as long as the integrity and
and/or surrendered items, including the the evidentiary value of the seized items are
instruments and/or laboratory equipment; properly preserved by the apprehending
officer/team, shall not render void and invalid
208
such seizures of and custody over said items.

[Sec. 21a, IRR of RA 9165] Authorized Drug Testing
The following shall be subjected to undergo
Any person apprehended or arrested for drug testing: [Sec. 36, Art. III, RA 9165]
violating the provisions of the Act shall be (1) Applicants for driver’s license
subjected to screening laboratory examination (2) Applicants for firearm’s license and permit
or test within 24 hours, if the apprehending or to carry firearms outside of residence.
arresting officer has reasonable ground to All persons who by the nature of their
believe that the person apprehended or profession carry firearms shall undergo
arrested, on account of physical signs or drug testing.
symptoms or other visible or outward (3) Students of secondary or tertiary schools.
manifestation, is under the influence of (4) Officers and employees of public and
dangerous drugs. If found to be positive, the private offices, whether domestic or
results of the screening laboratory examination overseas, as contained in the company’s
or test shall be challenged within 15 days after work rules and regulations. Any officer or
receipt of the result through a confirmatory test employee found positive for use of
conducted in any accredited analytical dangerous drugs shall be dealt with
laboratory equipped with a gas administratively which shall be a ground for
chromatograph/mass spectrometry equipment suspension or termination, subject to the
or some such modern and accepted method, provisions of Article 282 of the Labor Code
and if confirmed, the same shall be prima facie and pertinent provisions of the Civil Service
evidence that such person has used dangerous Law.
drugs, which is without prejudice for the (5) Officers and members of the military, police
prosecution for other violations of the provisions and other law enforcement agencies
of the Act: Provided, that a positive screening (6) All persons charged before the prosecutor's
laboratory test must be confirmed for it to be office with a criminal offense having an
valid in court of law. [Sec. 38, IRR of RA 9165] imposable penalty of imprisonment of not
less than six (6) years and one (1) day shall
Non-presentation of the forensic chemist in have to undergo a mandatory drug test.*
illegal drug cases is an insufficient cause for (7) All candidates for public office whether
acquittal. The corpus delicti (the body of the appointed or elected both in the national or
crime) in dangerous drugs cases constitutes the local government shall undergo a
dangerous drug itself. [People vs. Quebral mandatory drug test.
(2009)]
The testing requirement as to national officials
The presumption of regularity of official acts whose qualification requirements have been set
does not apply when police officers have failed forth in the Constitution is unconstitutional.
to comply with the standard of procedure set by Where the Constitution has expressly set out
law in a way that compromises the integrity and the qualifications, these are exclusive and may
evidentiary value of the thing seized. In such not be broadened or circumscribed by
case, the indispensable element of corpus legislative fiat. [SJS vs. DDB and PDEA (2008)]
delicti would not be proven. [Fajardo vs. People
(2012)] *The operative concepts in the mandatory drug
testing are “randomness” and “suspicionless.”
OTHER IMPORTANT POINTS In the case of persons charged with a crime
209
before the prosecutor’s office, a mandatory drug welfare of the accused drug dependent,
testing can never be random or suspicionless. It whether under voluntary submission program
violates their right to privacy and self- or compulsory submission program, may be
incrimination, and is thus unconstitutional. [SJS cited for contempt by the court. [Sec. 73, Art.
v DDB and PDEA (2008)] VIII, RA 9165]
May a drug dependent who is found guilty of the How long will the drug dependent be confined
use of dangerous drugs voluntarily submit for treatment and rehabilitation?
himself for treatment and rehabilitation? Confinement in a Center for treatment and
Yes. The drug dependent may, by rehabilitation shall not exceed one (1) year, after
himself/herself or through his/her parent, which time the Court, as well as the Board, shall
spouse, guardian or relative within the fourth be apprised by the head of the treatment and
degree of consanguinity or affinity, apply to the rehabilitation center of the status of said drug
Board or its duly recognized representative, for dependent and determine whether further
treatment and rehabilitation of the drug confinement will be for the welfare of the drug
dependency. dependent and his/her family or the community.
[Sec. 54, Art. VIII, RA 9165]
Upon such application, the Board shall bring
forth the matter to the Court which shall order How will a drug dependent who is under the
that the applicant be examined for drug voluntary submission program and is finally
dependency. [Sec. 54, Art. VIII, RA 9165] discharged from confinement in the Center be
exempt from criminal liability?
Is there also compulsory confinement? (1) He/she has complied with the rules and
Yes. Notwithstanding any law, rule and regulations of the center, the applicable
regulation to the contrary, any person rules and regulations of the Board,
determined and found to be dependent on including the after-care and follow-up
dangerous drugs shall, upon petition by the program for at least eighteen (18) months
Board or any of its authorized representative, be following temporary discharge from
confined for treatment and rehabilitation in any confinement in the Center
Center duly designated or accredited for the (2) He/she has never been charged or
purpose. convicted of any offense punishable under
this Act, the Dangerous Drugs Act of 1972 or
A petition for the confinement of a person Republic Act No. 6425, as amended; the
alleged to be dependent on dangerous drugs to Revised Penal Code, as amended; or any
a Center may be filed by any person authorized special penal laws
by the Board with the Regional Trial Court of (3) He/she has no record of escape from a
the province or city where such person is found. Center
[Sec. 61, Art. VIII, RA 9165] (4) He/she poses no serious danger to
himself/herself, his/her family or the
Any parent, spouse or guardian who, without community by his/her exemption from
valid reason, refuses to cooperate with the criminal liability [Sec. 55, Art. VIII, RA 9165]
Board or any concerned agency in the treatment
and rehabilitation of a drug dependent who is a What are the functions of the Dangerous Drugs
minor, or in any manner, prevents or delays the Board?
after-care, follow-up or other programs for the
210
(1) Be the policy-making and strategy-

formulating body in the planning and SPECIAL LAWS
formulation of policies and programs on
drug prevention and control. PD 1602: ANTI-GAMBLING ACT
(2) Develop and adopt a comprehensive, PD 1602, which repealed Articles 195-199
integrated, unified and balanced national insofar as they are inconsistent with said Act –
drug abuse prevention and control strategy. punishes:
(3) Be under the Office of the President. [Sec. 77, I. Any person who, in any manner, shall
Art. IX, RA 9165] directly or indirectly take part in any illegal
or unauthorized activities or games of—
What is the PDEA? (1) Cockfighting, jueteng, jai alai or horse
The PDEA is the Philippine Drug Enforcement racing to include bookie operations and
Agency. It serves as the implementing arm of game fixing, numbers, bingo and other
the Dangerous Drugs Board. It shall be forms of lotteries;
responsible for the efficient and effective law (2) Cara y cruz, pompiang and the like;
enforcement of all the provisions on any (3) 7-11 and any game using dice;
dangerous drug and/or controlled precursor (4) Black jack, lucky nine, poker and its
and essential chemical as provided in this Act. derivatives, monte, baccarat, cuajo,
[Sec. 82, Art. IX, RA 9165] pangguigue and other card games;
(5) Paik que, high and low, mahjong,
Title VI. Crimes against domino and other games using plastic
tiles and the like;
Public Morals (6) Slot machines, roulette, pinball and
other mechanical contraptions and
devices;
CHAPTER I: GAMBLING AND BETTING
(7) Dog racing, boat racing, car racing and
(1) Gambling (Art. 195)
other forms of races;
(2) Importation, sale and possession of lottery
(8) Basketball, boxing, volleyball, bowling,
tickets or advertisements (Art. 196)
pingpong and other forms of individual
(3) Betting in sports contests (Art. 197)
or team contests to include game fixing,
(4) Illegal betting on horse races (Art. 198)
point shaving and other machinations;
(5) Illegal cockfighting (Art. 199)
(9) Banking or percentage game, or any
other game scheme, whether upon
CHAPTER II: OFFENSES AGAINST
chance or skill, wherein wagers
DECENCY AND GOOD CUSTOMS consisting of money, articles of value or
(1) Grave Scandal (Art. 200) representative of value are at stake or
(2) Immoral doctrines, obscene publications made;
and exhibitions (Art. 201) II. Any person who shall knowingly permit any
(3) Vagrancy and prostitution (Art. 202) form of gambling referred to in the
preceding subparagraph to be carried on in
CHAPTER 1: GAMBLING AND BETTING an inhabited place or in any building,
Gambling - any game or scheme, whether upon vessel or other means of transportation
chance or skill, wherein wagers consisting of owned or controlled by him.
money, articles of value or representative of III. Any person who shall knowingly permit any
value are at stake or made. form of gambling to be carried on in a
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place which has a reputation of a gambling

place or that prohibited gambling is RA 9287: INCREASING THE PENALTY FOR
frequently carried on therein, or the place is ILLEGAL NUMBERS GAMES
a public or government building or Illegal Numbers Game: any form of illegal
barangay hall; gambling activity which uses numbers or
IV. The maintainer or conductor of the above combinations thereof as factors in giving out
gambling schemes. jackpots.
(1) Maintainer: a person who sets up and
furnishes the means with which to carry The law punishes any person who participates
on the gambling game or scheme. in any illegal numbers game: (Section 3)
(2) Conductor: a person who manages or (1) If such person acts as a bettor;
carries on the gambling game or (2) If such person acts as a personnel or staff
scheme. of an illegal numbers game operation;
V. A government official who is a maintainer, (3) If such person allows his vehicle, house,
conductor or banker of said gambling building or land to be used in the
schemes, or the player, promoter, referee, operation of the illegal numbers games;
umpire, judge or coach in case of game (4) If such person acts as a collector or agent;
fixing, point shaving and machination. (5) If such person acts as a coordinator,
VI. Any person who shall, knowingly and controller or supervisor;
without lawful purpose in any hour of any (6) If such person acts as a maintainer,
day, possess any lottery list, paper or other manager or operator;
matter containing letters, figures, signs or (7) If such person acts as a financier or
symbols pertaining to or in any manner capitalist;
used in the games of jueteng, jai-alai or (8) If such person acts as protector or coddler.
horse racing bookies, and similar games of
lotteries and numbers which have taken The possession of any gambling paraphernalia
place or about to take place. and other materials used in the illegal numbers
VII. Any barangay official who, with knowledge game operation shall be deemed prima facie
of the existence of a gambling house or evidence of any offense covered by this Act.
place in his jurisdiction fails to abate the (Section 4)
same or take action in connection
therewith. LETTER OF INSTRUCTION NO. 816
VIII. Any security officer, security guard, The games of domino, bingo, poker when not
watchman, private or house detective of played with five cards stud, cuajo, pangguingue
hotels, villages, buildings, enclosures and and mahjong, provided that they are played as
the like which have the reputation of a parlor games or for home entertainment, and
gambling place or where gambling provided further, that they are not played in
activities are being held. places habitually used for gambling and the
betting is not disguised to defeat the intent of
Any person who shall disclose information that Presidential Decree No. 1602, are hereby
will lead to the arrest and final conviction of exempted.
the malefactor shall be rewarded twenty
percent of the cash money or articles of value Lottery is a scheme for the distribution of prices
confiscated or forfeited in favor of the by chance among persons who have paid, or
government. (Section 3) agreed to pay, a valuable consideration for the
212
chance to obtain a prize. It has 3 elements: 1) other things of value, bets with other
Consideration, 2) Chance, 3) Prize or some bettors or through the bet taker or
advantage or inequality in amount or value promoter and wins or loses his bet
which is in the nature of a prize [U.S. v Filart depending upon the result of the cockfight
(1915)] as announced by the Referee or
Sentenciador. He may be the owner of
COCKFIGHTING LAW OF 1974 [PD 449] fighting cock.
Section 4. Definition of Terms. As used in this law,
the following terms shall be understood,
applied and construed as follows: Section 5. Cockpits and Cockfighting: In
(a) Cockfighting shall embrace and mean the General:
commonly known game or term (1) Ownership, Operation and Management of
"cockfighting derby, pintakasi or tupada", Cockpits. Only Filipino citizens not
or its equivalent terms in different otherwise inhibited by existing laws shall
Philippine localities. be allowed to own, manage and operate
(b) Zoning Law or Ordinance. Either both cockpits. Cooperative capitalization is
national or local city or municipal encouraged.
legislation which logically arranges, (2) Establishment of Cockpits. Only one cockpit
prescribes, defines and apportions a given shall be allowed in each city or municipality,
political subdivision into specific land uses except that in cities or municipalities with a
as present and future projection of needs population of over one hundred thousand,
warrant. two cockpits may be established,
(c) Bet Taker of Promoter. A person who calls maintained and operated.
and takes care of bets from owners of both (3) Cockpits Site and Construction. Cockpits
gamecocks and those of other bettors shall be constructed and operated within
before he orders commencement of the the appropriate areas as prescribed in
cockfight and thereafter distributes won Zoning Law or Ordinance. In the absence of
bets to the winners after deducting a such law or ordinance, the local executives
certain commission. shall see to it that no cockpits are
(d) Gaffer (Taga Tari). A person knowledgeable constructed within or near existing
in the art of arming fighting cocks with gaff residential or commercial areas, hospitals,
or gaffs on either or both legs. school buildings, churches or other public
(e) Referee (Sentenciador). A person who buildings. Owners, lessees, or operators of
watches and oversees the proper gaffing of cockpits which are now in existence and do
fighting cocks, determines the physical not conform to this requirement are given
condition of fighting cocks while three years from the date of effectivity of
cockfighting is in progress, the injuries this Decree to comply herewith. Approval
sustained by the cocks and their capability or issuance of building permits for the
to continue fighting and decides and make construction of cockpits shall be made by
known his decision by work or gestures and the city or provincial engineer in
result of the cockfight by announcing the accordance with their respective building
winner or declaring a tie or no contest codes, ordinances or engineering laws and
game. practices.
(f) Bettor. A person who participates in (4) Holding of Cockfights. Except as provided
cockfights and with the use of money or in this Decree, cockfighting shall be
213
allowed only in licensed cockpits during cockfighting during cockfights. The owner,
Sundays and legal holidays and during manager or lessee off such cockpit and the
local fiestas for not more than three days. It violators of this injunction shall be
may also be held during provincial, city or criminally liable under Section 8 hereof.
municipal, agricultural, commercial or
industrial fair, carnival or exposition for a
similar period of three days upon resolution Section 6. Licensing of Cockpits. City and
of the province, city or municipality where municipal mayors are authorized to issue
such fair, carnival or exposition is to be licenses for the operation and maintenance of
held, subject to the approval of the Chief of cockpits subject to the approval of the Chief of
Constabulary or his authorized Constabulary or his authorized representatives.
representative: Provided, that, no For this purpose, ordinances may be
cockfighting on the occasion of such fair, promulgated for the imposition and collection
carnival or exposition shall be allowed of taxes and fees not exceeding the rates fixed
within the month of a local fiesta or for under Section 13, paragraphs (a) and (b); and
more than two occasions a year in the same 19; paragraph (g) 16 of Presidential Decree No.
city or municipality: Provided, further, that 231, dated June 28, 1973, otherwise known as
no cockfighting shall be held on December the Local Tax Code, as amended.
30 (Rizal Day), June 12 (Philippine
Independence Day) November 30 (National Section 7. Cockfighting Officials. Gaffers, referees
Heroes Day), Holy Thursday, Good Friday, or bet takers or promoters shall not act as such
Election or Referendum Day and during in any cockfight herein authorized, without first
Registration Days for such election or securing a license renewable every year on their
referendum. birthmonth from the city or municipality where
(5) Cockfighting for Entertainment of Tourists such cockfighting is held. Cities and
or for Charitable Purposes. Subject to the municipalities may charge a tax of not more
preceding subsection hereof, the Chief than twenty pesos. Only licensed gaffers,
Constabulary or his authorized referees, bet takers or promoters shall officiate
representative may also allow the holding in all kinds of cockfighting authorized in this
of cockfighting for the entertainment of Decree.
foreign dignitaries or for tourists, or for
returning Filipinos, commonly known as
"Balikbayan", or for the support of national Section 8. Penal Provisions. Any violation of the
fund-raising campaigns for charitable provisions of this Decree and of the rules and
purposes as may be authorized by the regulations promulgated by the Chief of
Office of the President, upon resolution of a Constabulary pursuant thereto shall be
provincial board, city or municipal council, punished as follows:
in licensed cockpits or in playgrounds or (a) By prision correccional in its maximum
parks: Provided, that this privilege shall be period and a fine of two thousand pesos,
extended for only one time, for a period not with subsidiary imprisonment in case of
exceeding three days, within a year to a insolvency, when the offender is the
province, city, or municipality. financer, owner, manger or operator of
(6) Other games during cockfights prescribed. cockpit, or the gaffer, referee or bet taker in
No gambling of any kind shall be permitted cockfights; or the offender is guilty of
on the premises of the cockpit or place of allowing, promoting or participating in any
214
other kind of gambling in the premises of In conducts involving lasciviousness, it is grave

cockfights during cockfights. scandal only where there is mutual consent.
(b) By prision correccional or a fine of not less (Boado, Comprehensive Reviewer in Criminal
than six hundred pesos nor more than two Law)
thousand pesos or both, such
imprisonment and fine at the discretion of Any act which is notoriously offensive to
the court, with subsidiary imprisonment in decency may bring about criminal liability for
case of insolvency, in case of any other the crime of grave scandal, Provided such act
offender. does not constitute some other crime under the
Revised Penal Code.
CHAPTER II: OFFENSES AGAINST
DECENCY AND GOOD CUSTOMS Grave scandal is a crime of last resort.
ARTICLE 200 - GRAVE SCANDAL ARTICLE 201 - IMMORAL DOCTRINES,

OBSCENE PUBLICATIONS AND
Elements: EXHIBITIONS AND INDECENT SHOWS
(a) Offender performs an act or acts;
(b) Such act or acts be highly scandalous as Acts punished (as amended by PD 960, and PD
offending against decency or good 969)
customs;  Those who shall publicly expound or
(c) The highly scandalous conduct is not proclaim doctrines openly contrary to
expressly falling within any other article of public morals;
this Code; and  A. The authors of obscene literature,
(d) The act or acts complained of be published with their knowledge in any
committed in a public place or within the form, the editors publishing such
public knowledge or view. (Reyes) literature; the owners/operators of the
establishment selling the same;
Decency - means proprietary of conduct; proper B. Those who, in theaters, fairs,
observance of the requirements of modesty, cinematographs, or any other place, exhibit
good taste, etc. indecent or immoral plays, scenes, acts, or
shows, it being understood that the obscene
Customs - established usage, social conventions literature or indecent or immoral plays,
carried on by tradition and enforced by social scenes, acts or shows, whether live or in film,
disapproval of any violation thereof. which are proscribed by virtue hereof, shall
include those which:
Grave Scandal - consists of acts which are (1) glorify criminals or condone crimes;
offensive to decency and good customs which, (2) serve no other purpose but to satisfy the
having been committed publicly, have given rise market for violence, lust or
to public scandal to persons who have pornography;
accidentally witnessed the same. (3) offend any race, or religion;
The acts must be performed in a public place or (4) tend to abet traffic in and use of
within the public knowledge or view. If it is prohibited drugs; and
committed in a private place, the crime of grave (5) are contrary to law, public order, morals,
scandal is not committed. good customs, established policies,
lawful orders, decrees and edicts;
215
 Those who shall sell, give away or

exhibit films, prints, engravings, An actual exhibition of the sexual act can have
sculpture or literature which are no redeeming feature—no room for art.
offensive to morals. Therefore, it is a clear and unmitigated
obscenity. [People v Padan (1957)]
Morals - imply conformity with the generally
accepted standards of goodness or rightness in The Miller Test of Obscenity:
conduct or character, sometimes, specifically, to [Miller v California (1973) – adopted in Fernando v
sexual conduct. CA (2006)]
(1) Whether the average person, applying
Offense in any of the forms mentioned in the contemporary standards, would find the
article is committed only when there is publicity work, taken as a whole, appeals to prurient
interest;
The test of obscenity: (2) Whether the work depicts, in a patently
(1) The test is objective. offensive way, sexual conduct specifically
(2) It is more on the effect upon the viewer and defined by the applicable state law;
not alone on the conduct of the performer. (3) Whether the work, taken as a whole, lacks
(3) If the material has the tendency to deprave serious literary, artistic, political or
and corrupt the mind of the viewer then the scientific value.
same is obscene and where such obscenity
is made publicly, criminal liability arises. Mere possession of obscene materials, without
(4) As long as the pornographic matter or intent to sell, exhibit or distribute, is not
exhibition is made privately, there is no punishable under Article 201. The offense is
crime committed under the Revised Penal committed only where there is publicity. So long
Code because what is protected is the as the materials are offered for sale, displayed,
morality of the public in general. or exhibited to the public, one may be liable.
[Fernando v CA (2006)]
Jurisprudence:
Postcards of Philippine inhabitants in native ARTICLE 202 - PROSTITUTION
attire were not obscene because the aggregate (AMENDED BY RA 10158)
judgment of the community, and the moral
sense of the people were not shocked by those Elements:
pictures. They were not offensive to chastity but (1) The offender is a woman;
merely depicted persons as they actually lived. (2) She habitually indulges in sexual
[People v Kottinger (1923)] intercourse or lascivious conduct;
(3) Such indulgence is for money or profit
The reaction of the public during the
performance of a dance by one who had The term prostitution is applicable to a woman
nothing to cover herself with, except nylon who for profit or money habitually engages in
patches over her breasts and too abbreviated sexual or lascivious conduct. A man who
pair of nylon panties to interrupt her stark engages in the same conduct – sex for money –
nakedness should be made the gauge in the is not a prostitute, but a vagrant.
determination of whether the dance or
exhibition was indecent or immoral. [People v In law, the mere indulging in lascivious conduct
Aparici (1955)] habitually because of money or gain would
216
amount to prostitution, even if there is no for any other offense or felony. (Section 3, RA
sexual intercourse. Virginity is not a defense. 10158)
Habituality is the controlling factor; it has to be Under the Mendicancy Law of 1978 (PD 1563),
more than one time. the following persons are liable:
(a) The mendicant himself—one who has no
There cannot be prostitution by conspiracy. One visible and legal means of support, or
who conspires with a woman in the prostitution lawful employment, and who is physically
business like pimps, taxi drivers or solicitors of able to work but neglects to apply himself
clients are guilty of the crime under Article 341 to some lawful calling and instead uses
for white slavery. begging as a means of living.
(b) Any person who abets mendicancy by
Before RA 10158, which decriminalized giving alms directly to mendicants,
vagrancy, the following were liable under exploited infants and minors on public
Article 202: roads, sidewalks, parks and bridges shall
(1) Any person, having no apparent means of be punished by a fine.
subsistence, who has the physical ability to
work and who neglects to apply himself to SPECIAL LAWS
some lawful calling; RA 9208: ANTI-TRAFFICKING IN
(2) Any person found loitering about public or PERSONS ACT
semipublic buildings or places or tramping
or wandering about the country or the Trafficking in Persons - recruitment,
streets without visible means of support; transportation, transfer or harboring, or receipt
(3) Any idle or dissolute person who lodges in of persons with or without the victim's consent
houses of ill-fame, ruffians or pimps and or knowledge, within or across national borders
those who habitually associate with by means of threat or use of force, or other
prostitutes; forms of coercion, abduction, fraud, deception,
(4) Any person who, not being included in the abuse of power or of position, taking advantage
provisions of other articles in this Code, of the vulnerability of the person, or, the giving
shall be found loitering in any inhabited or or receiving of payments or benefits to achieve
uninhabited place belonging to another the consent of a person having control over
without any lawful or justifiable purpose; another person for the purpose of exploitation
(5) Prostitutes. which includes at a minimum, the exploitation
or the prostitution of others or other forms of
All pending cases under the provisions of Article sexual exploitation, forced labor or services,
202 of the Revised Penal Code on Vagrancy slavery, servitude or the removal or sale of
prior to its amendment by this Act shall be organs. The recruitment, transportation,
dismissed upon effectivity of this Act. [Section 2, transfer, harboring or receipt of a child for the
RA 10158] purpose of exploitation shall also be considered
as "trafficking in persons" even if it does not
All persons serving sentence for violation of the involve any of the aforementioned means.
provisions of Article 202 on Vagrancy prior to its
amendment by this Act shall be immediately Acts of Trafficking in Persons
released upon effectivity of this Act: Provided,
That they are not serving sentence or detained
217
It shall be unlawful for any person, natural or viii. To recruit, transport or adopt a child to
juridical, to commit any of the following acts engage in armed activities in the
(Section 4, RA 9208): Philippines or abroad.
i. To recruit, transport, transfer, harbor,
provide, or receive a person by any means, RA 10364 THE EXPANDED ANTI-
including those done under the pretext of TRAFFICKING IN PERSONS ACT OF 2012
domestic or overseas employment or Approved on Feb. 6, 2013, and amended Sec. 4
training or apprenticeship, for the purpose of RA 9208 as follows:
of prostitution, pornography, sexual
exploitation, forced labor, slavery, Acts of Trafficking in Persons.
involuntary servitude or debt bondage; It shall be unlawful for any person, natural or
ii. To introduce or match for money, profit, or juridical, to commit any of the following acts:
material, economic or other consideration, (6) To adopt persons by any form of
any person or, as provided for under consideration for exploitative purposes or
Republic Act No. 6955, any Filipino woman to facilitate the same for purposes of
to a foreign national, for marriage for the prostitution, pornography, sexual
purpose of acquiring, buying, offering, exploitation, forced labor, slavery,
selling or trading him/her to engage in involuntary servitude or debt bondage;
prostitution, pornography, sexual (7) To adopt or facilitate the adoption of
exploitation, forced labor, slavery, persons for the purpose of prostitution,
involuntary servitude or debt bondage; pornography, sexual exploitation, forced
iii. To offer or contract marriage, real or labor, slavery, involuntary servitude or debt
simulated, for the purpose of acquiring, bondage;
buying, offering, selling, or trading them to (8) To recruit, hire, adopt, transport, transfer,
engage in prostitution, pornography, obtain, harbor, maintain, provide, offer,
sexual exploitation, forced labor or slavery, receive or abduct a person, by means of
involuntary servitude or debt bondage; threat or use of force, fraud, deceit,
iv. To undertake or organize tours and travel violence, coercion, or intimidation for the
plans consisting of tourism packages or purpose of removal or sale of organs of
activities for the purpose of utilizing and said person;
offering persons for prostitution, (9) To recruit, transport, obtain, transfer,
pornography or sexual exploitation; harbor, maintain, offer, hire, provide,
v. To maintain or hire a person to engage in receive or adopt a child to engage in armed
prostitution or pornography; activities in the Philippines or abroad;
vi. To adopt or facilitate the adoption of (10) To recruit, transport, transfer, harbor,
persons for the purpose of prostitution, obtain, maintain, offer, hire, provide or
pornography, sexual exploitation, forced receive a person by means defined in
labor, slavery, involuntary servitude or debt Section 3 of this Act for purposes of forced
bondage; labor, slavery, debt bondage and
vii. To recruit, hire, adopt, transport or abduct involuntary servitude, including a scheme,
a person, by means of threat or use of force, plan, or pattern intended to cause the
fraud, deceit, violence, coercion, or person either:
intimidation for the purpose of removal or (a) To believe that if the person did not
sale of organs of said person; and perform such labor or services, he or
218
she or another person would suffer (13) To organize or direct other persons to
serious harm or physical restraint; or commit the offenses defined as acts of
(b) To abuse or threaten the use of law or trafficking under this Act."
the legal processes; and
(11) To recruit, transport, transfer, harbor, Acts that Promote Trafficking in Persons
obtain, maintain, offer, hire, provide or The following acts which promote or facilitate
receive a person by means defined in trafficking in persons, shall be unlawful (Section
Section 3 of this Act for purposes of forced 5, RA 9208):
labor, slavery, debt bondage and a. To knowingly lease or sublease, use or
involuntary servitude, including a scheme, allow to be used any house, building or
plan, or pattern intended to cause the establishment for the purpose of
person either: promoting trafficking in persons;
(a) To believe that if the person did not b. To produce, print and issue or distribute
perform such labor or services, he or unissued, tampered or fake counseling
she or another person would suffer certificates, registration stickers and
serious harm or physical restraint; or certificates of any government agency
(b) To abuse or threaten the use of law or which issues these certificates and stickers
the legal processes; and as proof of compliance with government
(12) To recruit, transport, harbor, obtain, regulatory and pre-departure requirements
transfer, maintain, hire, offer, provide, for the purpose of promoting trafficking in
adopt or receive a child for purposes of persons;
exploitation or trading them, including but c. To advertise, publish, print, broadcast or
not limited to, the act of baring and/or distribute, or cause the advertisement,
selling a child for any consideration or for publication, printing, broadcasting or
barter for purposes of exploitation. distribution by any means, including the
Trafficking for purposes of exploitation of use of information technology and the
children shall include: internet, of any brochure, flyer, or any
(a) All forms of slavery or practices propaganda material that promotes
similar to slavery, involuntary trafficking in persons;
servitude, debt bondage and forced d. To assist in the conduct of
labor, including recruitment of misrepresentation or fraud for purposes of
children for use in armed conflict; facilitating the acquisition of clearances
(b) The use, procuring or offering of a and necessary exit documents from
child for prostitution, for the government agencies that are mandated to
production of pornography, or for provide pre-departure registration and
pornographic performances; services for departing persons for the
(c) The use, procuring or offering of a purpose of promoting trafficking in
child for the production and persons;
trafficking of drugs; and e. To facilitate, assist or help in the exit and
(d) The use, procuring or offering of a entry of persons from/to the country at
child for illegal activities or work international and local airports, territorial
which, by its nature or the boundaries and seaports who are in
circumstances in which it is carried possession of unissued, tampered or
out, is likely to harm their health, fraudulent travel documents for the
safety or morals; and
219
purpose of promoting trafficking in (c) When the crime is committed by a

persons; syndicate, or in large scale. Trafficking is
f. To confiscate, conceal, or destroy the deemed committed by a syndicate if carried
passport, travel documents, or personal out by a group of 3 or more persons
documents or belongings of trafficked conspiring or confederating with one
persons in furtherance of trafficking or to another. It is deemed committed in large
prevent them from leaving the country or scale if committed against 3 or more
seeking redress from the government or persons, individually or as a group;
appropriate agencies; (d) When the offender is an ascendant, parent,
g. To knowingly benefit from, financial or sibling, guardian or a person who exercises
otherwise, or make use of, the labor or authority over the trafficked person or
services of a person held to a condition of when the offense is committed by a public
involuntary servitude, forced labor, or officer or employee;
slavery. (e) When the trafficked person is recruited to
h. To tamper with, destroy, or cause the engage in prostitution with any member of
destruction of evidence, or to influence or the military or law enforcement agencies;
attempt to influence witnesses, in an (f) When the offender is a member of the
investigation or prosecution of a case under military or law enforcement agencies; and
this Act; (g) When by reason or on occasion of the act of
i. To destroy, conceal, remove, confiscate or trafficking in persons, the offended party
possess, or attempt to destroy, conceal, dies, becomes insane, suffers mutilation or
remove, confiscate or possess, any actual is afflicted with HIV or AIDS.
or purported passport or other travel,
immigration or working permit or Qualified Trafficking in Persons.
document, or any other actual or purported
government identification, of any person in (4) When the offender is a spouse, an
order to prevent or restrict, or attempt to ascendant, parent, sibling, guardian or a
prevent or restrict, without lawful authority, person who exercises authority over the
the person’s liberty to move or travel in trafficked person or when the offense is
order to maintain the labor or services of committed by a public officer or employee;
that person; or (5) xxxx
j. To utilize his or her office to impede the (6) When the offender is a member of the
investigation, prosecution or execution of military or law enforcement agencies;
lawful orders in a case under this Act." (7) When by reason or on occasion of the
act of trafficking in persons, the
Qualified Trafficking in Persons offended party dies, becomes insane,
(Section 6, RA 9208): suffers mutilation or is afflicted with
(a) When the trafficked person is a child; Human Immunodeficiency Virus (HIV) or
(b) When the adoption is effected through RA the Acquired Immune Deficiency
8043, otherwise known as the "Inter- Syndrome (AIDS);
Country Adoption Act of 1995" and said (8) When the offender commits one or more
adoption is for the purpose of prostitution, violations of Section 4 over a period of
pornography, sexual exploitation, forced sixty (60) or more days, whether those
labor, slavery, involuntary servitude or debt days are continuous or not; and
bondage;
220
(9) When the offender directs or through use of force or intimidation, to a victim
another manages the trafficking victim deprived of reason or to an unconscious
in carrying out the exploitative purpose victim, or a victim under twelve (12)
of trafficking." years of age, instead of the penalty
prescribed in the subparagraph above
Any person who buys or engages the services of the penalty shall be a fine of not less
trafficked persons for prostitution shall be than One million pesos
penalized as follows (Section 11, RA 9208): (P1,000,000.00) but not more than Five
(a) First offense - 6 months of community million pesos (P5,000,000.00) and
service as may be determined by the imprisonment of reclusion perpetua or
court and a fine of P50,000; forty (40) years imprisonment with no
(b) Second and subsequent offenses - possibility of parole; except that if a
imprisonment of 1 year and a fine of person violating paragraph (a) of this
P100,000. section knows the person that provided
prostitution services is in fact a victim of
RA 10364 amended Sec. 11 of RA 9208 as trafficking, the offender shall not be
follows: likewise penalized under this section
Use of Trafficked Persons. – Any person who but under Section 10 as a person
buys or engages the services of a trafficked violating Section 4; and if in committing
person for prostitution shall be penalized with such an offense, the offender also
the following: Provided, That the Probation Law knows a qualifying circumstance for
(Presidential Decree No. 968) shall not apply: trafficking, the offender shall be
(a) Prision Correccional in its maximum penalized under Section 10 for qualified
period to prision mayor or six (6) years to trafficking. If in violating this section the
twelve (12) years imprisonment and a fine offender also violates Section 4, the
of not less than Fifty thousand pesos offender shall be penalized under
(P50,000.00) but not more than One Section 10 and, if applicable, for
hundred thousand pesos qualified trafficking instead of under
(P100,000.00): Provided, however, That this section;
the following acts shall be exempted (b) Deportation. – If a foreigner commits any
thereto: offense described by paragraph (1) or (2)
(1) If an offense under paragraph (a) of this section or violates any pertinent
involves sexual intercourse or lascivious provision of this Act as an accomplice or
conduct with a child, the penalty shall accessory to, or by attempting any such
be reclusion temporal in its medium offense, he or she shall be immediately
period to reclusion perpetua or deported after serving his or her sentence
seventeen (17) years to forty (40) years and be barred permanently from entering
imprisonment and a fine of not less than the country; and
Five hundred thousand pesos (c) Public Official. – If the offender is a public
(P500,000.00) but not more than One official, he or she shall be dismissed from
million pesos (P1,000,000.00); service and shall suffer perpetual
(2) If an offense under paragraph (a) absolute disqualification to hold public,
involves carnal knowledge of, or sexual office, in addition to any imprisonment or
intercourse with, a male or female fine received pursuant to any other
trafficking victim and also involves the provision of this Act."
221
In cases where the victim is a child, any of the

Trafficked persons shall be recognized as following acts shall also be deemed as
victims of the act or acts of trafficking and as attempted trafficking in persons:
such shall not be penalized for crimes directly (1) Facilitating the travel of a child who travels
related to the acts of trafficking enumerated in alone to a foreign country or territory
this Act or in obedience to the order made by without valid reason therefor and without
the trafficker in relation thereto. In this regard, the required clearance or permit from the
the consent of a trafficked person to the Department of Social Welfare and
intended exploitation set forth in this Act shall Development, or a written permit or
be irrelevant. (Section 17, RA 9208) justification from the child’s parent or legal
Note on Section 17: Persons trafficked (including guardian;
prostitutes) are exempt from criminal liability. (2) Executing, for a consideration, an affidavit
Note also: Under RA 9208, persons who hire of consent or a written consent for
trafficked persons are criminally liable (Section adoption;
11). Not so in Art 202 RPC. (3) Recruiting a woman to bear a child for the
purpose of selling the child;
Under RA 10364, it is provided that victims of (4) Simulating a birth for the purpose of
trafficking for purposes of prostitution as selling the child; and
defined under Section 4 of this Act are not (5) Soliciting a child and acquiring the custody
covered by Article 202 of the Revised Penal thereof through any means from among
Code and as such, shall not be prosecuted, hospitals, clinics, nurseries, daycare
fined, or otherwise penalized under the said law. centers, refugee or evacuation centers, and
Prostitution is defined as any act, transaction, low-income families, for the purpose of
scheme or design involving the use of a person selling the child.
by another, for sexual intercourse or lascivious
conduct in exchange for money, profit or any Accomplice - knowingly aids, abets, cooperates
other consideration. in the execution of the offense by previous or
RA 10364 also added new sections on simultaneous acts defined in this Act
attempted trafficking of persons (Sec. 4-A),
accomplice liability (Sec. 4-B) and accessories Accessories. – Whoever has the knowledge of
(Sec. 4-C). the commission of the crime, and without
having participated therein, either as principal
Attempted Trafficking in Persons. – Where there or as accomplices, take part in its commission in
are acts to initiate the commission of a any of the following manners:
trafficking offense but the offender failed to or (a) By profiting themselves or assisting the
did not execute all the elements of the crime, by offender to profit by the effects of the
accident or by reason of some cause other than crime;
voluntary desistance, such overt acts shall be (b) By concealing or destroying the body of
deemed as an attempt to commit an act of the crime or effects or instruments
trafficking in persons. As such, an attempt to thereof, in order to prevent its discovery;
commit any of the offenses enumerated in (c) By harboring, concealing or assisting in
Section 4 of this Act shall constitute attempted the escape of the principal of the crime,
trafficking in persons. provided the accessory acts with abuse of
his or her public functions or is known to
be habitually guilty of some other crime.
222
Title VII. Crimes C. Article 219 - Failure of a Responsible Public

Officer to Render Accounts Before Leaving
Committed by Public the Country
D. Art. 220 - Illegal Use of Public Funds or
Officers Property
E. Art. 221 - Failure to Make Delivery of Public
Funds or Property
CHAPTER 1: PRELIMINARY PROVISIONS
F. Art. 222 - Officers Included in the
(a) Art. 203 - Who Are Public Officers
Preceding Provisions
CHAPTER 2: MALFEASANCE AND

CHAPTER 5: INFIDELITY OF PUBLIC
MISFEASANCE IN OFFICE
OFFICERS
(a) Art. 204 - Knowingly Rendering Unjust
(1) Art. 223 - Conniving With or Consenting to
Judgment
Evasion
(b) Art. 205 - Judgment Rendered Through
(2) Art. 224 - Evasion through Negligence
Negligence
(3) Art. 225 - Escape of Prisoner under the
(c) Art. 206 - Unjust Interlocutory Order
Custody of a Person Not a Public Officer
(d) Art. 207 - Malicious Delay in the
(4) Art. 226 - Removal, Concealment, or
Administration of Justice
Destruction of Documents
(e) Art. 208 - Prosecution of Offenses;
(5) Art. 227 - Officer Breaking Seal
Negligence and Tolerance
(6) Art. 228 - Opening of Closed Documents
(f) Art. 209 - Betrayal of Trust by an Attorney
(7) Art. 229 - Revelation of Secrets by an
or a Solicitor - Revelation of Secrets
Officer
(g) Art. 210 - Direct Bribery
(8) Art. 230 - Public Officers Revealing Secrets
(h) Art. 211 - Indirect Bribery
of Private Individuals
(i) Art. 211-A - Qualified Bribery
(j) Art. 212 - Corruption of Public Officials
CHAPTER 6: OTHER OFFENSES AND
(k) Art. 214 - Other Frauds
IRREGULARITIES BY PUBLIC OFFICERS
(1) Art. 231 - Open Disobedience
CHAPTER 3: FRAUDS AND ILLEGAL
(2) Art. 232 - Disobedience to the Order of
EXACTIONS AND TRANSACTIONS
Superior Officer When Said Order Was
1. Art. 213 - Fraud against the Public Treasury
Suspended by Inferior Officer
and Similar Offenses
(3) Art. 233 - Refusal of Assistance
2. Art. 215 - Prohibited Transactions
(4) Art. 234 - Refusal to Discharge Elective
3. Art. 216 - Possession of Prohibited Interest
Office
by a Public Officer
(5) Art. 235 - Maltreatment of Prisoners
(6) Art. 236 - Anticipation of Duties of a Public
CHAPTER 4: MALVERSATION OF PUBLIC Officer
FUNDS AND PROPERTIES (7) Art. 237 - Prolonging Performance of
A. Art. 217 - Malversation of Public Funds or Duties and Powers
Property - Presumption of Malversation (8) Art. 238 - Abandonment of Office or
B. Art. 218 - Failure of Accountable Officer to Position
Render Accounts (9) Art. 239 - Usurpation of Legislative Powers
(10) Art. 240 - Usurpation of Executive
Functions
223
(11) Art. 241 - Usurpation of Judicial Functions "Public officer" includes elective and appointive
(12) Art. 242 - Disobeying Request for officials and employees, permanent or
Disqualification temporary, whether in the classified or
(13) Art. 243 - Orders or Request by Executive unclassified or exempt service receiving
Officer to Any Judicial Authority compensation, even nominal, from the
(14) Art. 244 - Unlawful Appointments government (Sec. 2(c), RA 3019)
(15) Art. 245 - Abuses against Chastity
The term “public officers” embraces every
Note: public servant from the highest to lowest.
This is one of the instances where the Revised
Penal Code may be given extra-territorial Dacumas v. Sandiganbayan expanded the
application under Article 2 (5) thereof. meaning of “official duties”. It included those
which may be in one’s capacity to perform by
Crimes under this title can be committed by reason of his office.
public officers or a non-public officer, when the
latter becomes a conspirator with a public Officers and employees of government owned
officer, or an accomplice, or accessory to the and controlled corporations included but not
crime. The public officer has to be the principal. those of a sequestered corporation.
CHAPTER I: PRELIMINARY The better rule is that GOCCs created by law are
PROVISIONS covered while GOCCs registered with the SEC
(including sequestered companies) are not.
[Macalino v. Sandiganbayan]
ART. 203 - WHO ARE PUBLIC OFFICERS
Requisites:
The more recent case of People v.
(1) Taking part in the performance of public
Sandiganbayan held that, based on RA 8249,
functions in the government;
presidents, directors, trustees, and managers of
(2) Performing in said government or in any of
all GOCCs, regardless of type, are subject to the
its branches public duties as an employee,
jurisdiction of the Sandiganbayan when they are
agent or subordinate official, of any rank or
involved in graft and corruption.
class;
(3) His authority to take part in the
performance of public functions or to CHAPTER II: MALFEASANCE AND
perform public duties must be – MISFEASANCE IN OFFICE
a. By direct provision of the law;
b. By popular election; or Malfeasance The performance of an act
c. By appointment by competent (Direct Bribery and which ought not to be
authority Indirect Bribery) done
"Public Officials" includes elective and Misfeasance Improper performance of
appointive officials and employees, permanent (see Arts 204-207: some act which might
or temporary, whether in the career or non- acts by a judge) lawfully be done
career service, including military and police Omission of some act
Nonfeasance
personnel, whether or not they receive which ought to be
(Prosecution)
compensation, regardless of amount (Sec. 3(b) performed
RA 6713)
224
ARTICLE 204 - KNOWINGLY RENDERING dismissal of the administrative complaint [Diego

UNJUST JUDGMENT v. Castillo, 2004, citing Alforte v. Santos]
Elements: ARTICLE 205 - JUDGMENT RENDERED

(1) Offender is a judge; THROUGH NEGLIGENCE
(2) He renders a judgment in a case
submitted to him for decision; Elements:
(3) Judgment is unjust; (a) Offender is a judge;
(4) The judge knows that his judgment is (b) He renders a judgment in a case
unjust. submitted to him for decision;
(c) The judgment is manifestly unjust;
Judgment - the final consideration and (d) It is due to his inexcusable negligence or
determination of a court of competent ignorance.
jurisdiction upon matters submitted to it, in an
action or proceeding. A manifestly unjust judgment is one which is so
manifestly contrary to law that even a person
An unjust judgment is one which is contrary to having basic knowledge of the law cannot
law or is not supported by the evidence, or both. doubt the injustice. Abuse of discretion or mere
Defense: Mere error in good faith. error of judgment, not punishable.
There must be positive evidence imputing an The Supreme Court held that a judgment is said
unjust judgment; presumption will not suffice. to be unjust when it is contrary to the standards
of conduct prescribed by law.
The source of an unjust judgment may be either
a) error, b) ill-will or revenge, or c) bribery. The test to determine whether an order or
judgment is unjust may be inferred from the
The offense refers only to a judgment of an circumstances that it is contrary to law or is not
individual judge in his court, and not to the supported by evidence. [Louis Vuitton SA v.
judgment rendered in a collegial court by the Judge Villanueva]
members thereof [In Re: Wenceslao Laureta
(1987)] ARTICLE 206 - UNJUST INTERLOCUTORY
ORDER
Before a criminal action against a judge for
violation of Articles 204 and 205 can be Elements:
entertained, there must be a trial or (a) Offender is a judge;
authoritative judicial declaration that his (b) He performs any of the following acts:
decision or order is really unjust which may (a) Knowingly rendering an unjust
result from either an action of certiorari or interlocutory order or decree; or
prohibition in a higher court. [De Vera v. Pelayo (b) Rendering a manifestly unjust
(2000)] interlocutory order or decree
through inexcusable negligence or
Malice or bad faith on the part of the judge in ignorance.
rendering an unjust decision must still be
proved and failure on the part of the
complainant to prove the same warrants the
225
If the order leaves something to be done in the the crime, he does not cause the
trial court with respect to the merits of the case, prosecution of the criminal, or knowing
it is interlocutory. If it does not, it is final. that a crime is about to be committed, he
tolerates its commission;
The unjust interlocutory order must have been (c) Offender acts with malice and deliberate
issued by the judge with deliberate intent to intent to favor the violator of the law.
cause damage to the party concerned.
Public officer - officers of the prosecution
ARTICLE 207 - MALICIOUS DELAY IN THE department, whose duty is to institute criminal
ADMINISTRATION OF JUSTICE proceedings for felonies upon being informed of
their perpetration, i.e. city attorney, fiscal.
Elements:
1. Offender is a judge; Officer of the law - those who, by reason of the
2. There is a proceeding in his position held by them, are duty-bound to cause
court; prosecution and punishment of offenders, i.e.
3. He delays in the administration chief of police, barrio captain.
of justice;
4. The delay is malicious, that is, Also known as prevaricacion.
with deliberate intent to inflict “Negligence” in the title must be construed to
damage on either party in the mean neglect of the duties of his office by
case. maliciously failing to move the prosecution and
punishment of the delinquent. The crime
Malice must be proven. Malice is present where committed by the law violator must be proved
the delay is sought to favor one party to the first. [US v. Mendoza]
prejudice of the other.
Liability of the public officer who, having the
Mere delay without malice is not a felony under duty of prosecuting the offender, harbored,
this provision. concealed, or assisted in the escape of the latter,
is that of a principal in the crime of dereliction
ARTICLE 208 - PROSECUTION OF of duty in the prosecution of the offense.
OFFENSES; NEGLIGENCE AND
TOLERANCE ARTICLE 209 – BETRAYAL OF TRUST BY
AN ATTORNEY OR A SOLICITOR –
Modes REVELATION OF SECRETS
(a) Maliciously refraining from instituting
prosecution against violators of the law; Elements:
(b) Maliciously tolerating the commission of (1) Causing damage to his client, either—
offenses. (1) By any malicious breach of
professional duty;
Elements: (2) By inexcusable negligence or
(a) Offender is a public officer or officer of the ignorance.
law who has a duty to cause the (2) Revealing any of the secrets of his client
prosecution of, or to prosecute, offenses; learned by him in his professional
(b) There is a dereliction of the duties of his capacity (damage is not necessary);
office, that is, knowing the commission of
226
(3) Undertaking the defense of the opposing first client whose defense has already been
party in the same case, without the undertaken.
consent of his first client,
(a) after having undertaken the defense The Supreme Court held that not all
of said first client, or information received by counsel from the client
(b) after having received confidential is classified as privileged.
information from said client.
A distinction must be made between
When the attorney acts with malicious abuse of confidential communications relating to past
his employment or inexcusable negligence or crimes already committed, and future crimes
ignorance, there must be damage to his client. intended to be committed by the client. The
attorney-client privilege only covers past crimes.
Communications made with prospective clients [People v. Sandiganbayan]
to a lawyer with a view to engaging his
professional services are already privileged even ARTICLE 210 - DIRECT BRIBERY
though the client-lawyer relationship did not
eventually materialize. Modes
(a) Agreeing to perform, or performing, in
The confidential matters or information must be consideration of any offer, promise, gift or
confided to the lawyer in the latter’s present; an act constituting a crime, in
professional capacity. connection with the performance of his
official duties;
Mere malicious breach without damage is not a (b) Accepting a gift in consideration of the
violation of Article 209; at most he will be liable execution of an act which does not
administratively as a lawyer, e.g., suspension or constitute a crime, in connection with the
disbarment under the Code of Professional performance of his official duty;
Responsibility. (c) Agreeing to refrain, or by refraining, from
doing something which is his official duty
Modes of Commission: to do, in consideration of gift or promise.
(a) Maliciously causing damage to his client
through a breach of his professional duty. Elements:
(a) Offender is a public officer within the scope
Note: The breach of professional duty must of Article 203;
be malicious. If it is just incidental, it would (b) Offender accepts an offer or a promise or
not give rise to criminal liability, although it receives a gift or present by himself or
may be the subject of administrative through another;
discipline; (c) Such offer or promise be accepted, or gift
(b) Through gross ignorance, causing damage or present received by the public officer –
to the client; 1. With a view to committing some crime;
(c) Inexcusable negligence; or
(d) Revelation of secrets learned in his 2. In consideration of the execution of an
professional capacity; act which does not constitute a crime,
(e) Undertaking the defense of the opposite but the act must be unjust; or
party in a case without the consent of the 3. To refrain from doing something which
it is his official duty to do.
227
(d) The act which offender agrees to perform The THIRD MODE of bribery and prevaricacion
or which he executes be connected with the (Art 208) are similar offenses, both consisting of
performance of his official duties. omission of an act required to be performed.
The crime of bribery has no frustrated stage. If In direct bribery however, a gift or promise is
one party does not concur, then there is no given in consideration of the omission. This is
agreement and not all the acts necessary to not necessary in prevaricacion.
commit the crime were present.
Direct bribery does not absorb Art. 208
Temporary performance of public functions is (dereliction of duty). See Qualified Bribery (211-
sufficient to constitute a person a public officer. A)
Bribery exists when the gift is: Police Sergeant Malfrosque asked and accepted
(a) voluntarily offered by a private person; money in exchange for the recovery of the
(b) solicited by the public officer and reported stolen gas tanks to the owners.
voluntarily delivered by the private person;
(c) solicited by the public officer but the This made him liable under the 2nd mode of Art
private person delivers it out of fear of the 210 since the act of returning the gas tanks to
consequences should the public officer the owners does not constitute a crime; he
perform his functions (here the crime by the demanded money and said act was in
giver does not fall under corruption of connection with the performance of his duty as
public officials due to the involuntariness of a policeman. [People v. Malfrosque (2004)]
the act).
ARTICLE 211 - INDIRECT BRIBERY
In the FIRST MODE of bribery, actual receipt of
the gift is not necessary. Elements:
(1) Offender is a public officer;
An accepted offer or promise of a gift is (2) He accepts gifts;
sufficient. However, if the offer is not accepted, (3) The gifts are offered to him by reason
only the person offering the gift is liable for of his office.
attempted corruption of a public officer.
The principal distinction between direct and
In the SECOND MODE of bribery, the gift must indirect bribery is that in the former, the officer
be accepted by the public officer. agrees to perform or refrain from doing an act in
consideration of the gift or promise. In the latter
The GIFT must have a value or capable of case, it is not necessary that the officer do any
pecuniary estimation. It could be in the form of act. It is sufficient that he accepts the gift
money, property or services. It cannot consist of offered by reason of his office.
a mere offer or promise of a gift.
If after receiving the gift, the officer does any act
If the act required of the public officer amounts in favor of the giver which is unfair to the others,
to a crime and he commits it, he shall be liable the crime continues to be indirect bribery.
for the penalty corresponding to the crime. Precisely the evil of indirect bribery is in its
tendency to produce future, unspecified, and
unwarranted favors from the official.
228
(c) Offender refrains from arresting or

This is always in the consummated stage. prosecuting in consideration of any offer,
There is no attempted much less frustrated promise, gift, or present.
stage in indirect bribery.
The crime of qualified bribery may be
There must be clear intention on the part of the committed only by public officers “entrusted
public officer: with enforcement” (those whose official duties
(a) to take the gift offered and authorize them to arrest or prosecute offenders).
(b) consider the property as his own for that
moment. The penalty is qualified if the public officer is
the one who asks or demands such present.
Mere physical receipt unaccompanied by any
other sign, circumstance or act to show such If the penalty imposed is lower than reclusion
acceptance is not sufficient to convict the officer. perpetua and/or death had the offender been
“Gift" refers to a thing or a right to dispose of arrested or the crime prosecuted, the crime is
gratuitously, or any act or liberality, in favor of direct bribery.
another who accepts it, and shall include a
simulated sale or an ostensibly onerous The dereliction of the duty punished under
disposition thereof. It shall not include an Article 208 of the Revised Penal Code is
unsolicited gift of nominal or insignificant value absorbed in Qualified Bribery.
not given in anticipation of, or in exchange for, a
favor from a public official or employee. (Sec. ARTICLE 212 - CORRUPTION OF PUBLIC
3(c), RA 6713) OFFICIALS
“Receiving any gift" includes the act of Elements:

accepting directly or indirectly a gift from a 1. Offender makes offers or promises or
person other than a member of the public gives gifts or presents to a public officer;
officer's immediate family, in behalf of himself 2. The offers or promises are made or the
or of any member of his family or relative within gifts or presents given to a public officer,
the fourth civil degree, either by consanguinity under circumstances that will make the
or affinity, even on the occasion of a family public officer liable for direct bribery or
celebration or national festivity like Christmas, if indirect bribery.
the value of the gift is under the circumstances
manifestly excessive. (Section 2(c), RA 3019) The offender is the giver of the gift or the offeror
of the promise.
ARTICLE 211-A - QUALIFIED BRIBERY
Elements: The act may or may not be accomplished.
(a) Offender is a public officer entrusted
with law enforcement; Whenever any public officer or employee has
(b) He refrains from arresting or acquired during his incumbency an amount of
prosecuting an offender who has property which is manifestly out of proportion to
committed a crime punishable by his salary as such public officer or employee and
reclusion perpetua and/or death; to his other lawful income and the income from
legitimately acquired property, said property
shall be presumed prima facie to have been
229
unlawfully acquired. If the respondent is unable competent authority or an offense in

to show to the satisfaction of the court that he connection with the official duties of the
has lawfully acquired the property in question, latter, or
then the court shall declare such property, 2) allowing himself to be persuaded,
forfeited in favor of the State. (R.A. 1379) induced, or influenced to commit such
violation or offense.
The following shall be exempt from prosecution
or punishment for the offense with reference to Requesting or receiving any gift, present, or
which his information and testimony was given: benefit is not required in this provision (Reyes).
1. Any person who voluntarily gives
information about any violation of (b) Directly or indirectly requesting or receiving
(1) Articles 210, 211, and 212 of the RPC; any gift, present, share, percentage, or
(2) R.A. 3019, as amended; benefit, for himself or for any other person,
(3) Section 345 of the Internal Revenue in connection with any contract or
Code and Section 3604 of the Tariff transaction between the Government and
and Customs Code and other any other party, wherein the public officer
provisions of the said Codes penalizing in his official capacity has to intervene
abuse or dishonesty on the part of the under the law.
public officials concerned;
(4) Other laws, rules and regulations
punishing acts of graft, corruption and Whether or not the public officer demanded for
other forms of official abuse; gifts or benefits is immaterial, for the Act uses
2. Any person who willingly testifies against the words “requesting or receiving”.
any public official or employee for such
violation. (Section 1, PD 749) This section refers to a public officer whose
official intervention is required by law in a
SPECIAL LAWS contract or transaction. [Jaravata v.
RA 3019: ANTI-GRAFT AND CORRUPT Sandiganbayan (1984)]
PRACTICES 1. Directly or indirectly requesting or receiving
any gift, present or other pecuniary or
The act covers: material benefit, for himself or for another,
(1) Public Officers (Sec. 3); from any person for whom the public
(2) Private Individuals (Sec. 4); officer, in any manner or capacity, has
(3) Certain Relatives (Sec. 5);Members of secured or obtained, or will secure or
Congress (Sec. 6) obtain, any Government permit or license,
in consideration for the help given or to be
Section 3. Corrupt Practices of Public Officers - In given.
addition to acts or omissions of public officers 2. Accepting or having any member of his
already penalized by existing law, the following family accept employment in a private
shall constitute corrupt practices of any public enterprise which has pending official
officer and are hereby declared to be unlawful: business with him during the pendency
(a) 1) Persuading, inducing or influencing thereof or within one year after its
another public officer to perform an act termination.
constituting a violation of rules and 3. Causing any undue injury to any party,
regulations duly promulgated by including the Government, or giving any
230
private party any unwarranted benefits, whether or not the public officer profited or
advantage or preference in the discharge of will profit thereby.
his official administrative or judicial
functions through manifest partiality, 6. Directly or indirectly having financial or
evident bad faith or gross inexcusable pecuniary interest in any business, contract
negligence. This provision shall apply to or transaction in connection with which he
officers and employees of offices or intervenes or takes part in his official
government corporations charged with the capacity, or in which he is prohibited by the
grant of licenses or permits or other Constitution or by any law from having any
concessions. interest.
The fact that the damage was caused when the A mayor who has divested himself of shares in a
accused was no longer in the discharge his corporation which had a contract with the
official functions will not remove his government before his assumption to office,
classification as a public officer. It is precisely even if the divestment was to a relative, is not
the taking advantage of his official position liable under 3 (h). What the law wants to
which showed evident bad faith and caused prevent is actual intervention in a transaction in
undue injury. which the public official has financial or
pecuniary interest. [Trieste v. Sandiganbayan
The last sentence of paragraph (e) is intended (1986)]
to make clear the inclusion of officers and
employees of offices or government (1) Directly or indirectly becoming interested,
corporations which, under the ordinary concept for personal gain, or having a material
of “public officers” may not come within the interest in any transaction or act requiring
term. It is a strained construction of the the approval of a board, panel or group of
provision to read it as applying exclusively to which he is a member, and which exercises
public officers charged with the duty of granting discretion in such approval, even if he votes
licenses or permits or other concessions against the same or does not participate in
[Mejorada v. Sandiganbayan (1987)] the action of the board, committee, panel
or group.
4. Neglecting or refusing, after due demand
or request, without sufficient justification, Interest for personal gain shall be
to act within a reasonable time on any presumed against those public officers
matter pending before him for the purpose responsible for the approval of manifestly
of obtaining, directly or indirectly, from any unlawful, inequitable, or irregular
person interested in the matter some transaction or acts by the board, panel or
pecuniary or material benefit or advantage, group to which they belong.
or for the purpose of favoring his own (2) Knowingly approving or granting any
interest or giving undue advantage in favor license, permit, privilege or benefit in favor
of or discriminating against any other of any person not qualified for or not
interested party. legally entitled to such license, permit,
privilege or advantage, or of a mere
5. Entering, on behalf of the Government, into representative or dummy of one who is not
any contract or transaction manifestly and so qualified or entitled.
grossly disadvantageous to the same,
231
(3) Divulging valuable information of a business, nor to any transaction, contract

confidential character, acquired by his or application already existing or pending
office or by him on account of his official at the time of such assumption of public
position to unauthorized persons, or office.
releasing such information in advance of its (2) Any application filed by him the approval of
authorized release date. which is not discretionary on the part of the
official or officials concerned but depends
Section 4. Prohibition on private individuals. upon compliance with requisites provided
(a) Taking advantage of family or close by law, or rules or regulations issued
personal relation with any public official, by pursuant to law;
directly or indirectly requesting or receiving (3) Any act lawfully performed in an official
any present or pecuniary advantage from capacity or in the exercise of a profession.
any person having some business,
transaction, application, request or Section 6. Prohibition on Members of Congress.
contract with the government, in which (a) A member of Congress during the term for
such public official has to intervene. which he has been elected, to acquire or
receive any personal pecuniary interest in
Family relation: includes the spouse or relatives any specific business enterprise which will
by consanguinity or affinity in the third civil be directly and particularly favored or
degree. benefited by any law or resolution authored
by him previously approved or adopted by
Close personal relation: includes close personal Congress during the same term.
friendship, social and fraternal connections, and (b) Any other public officer who recommended
professional employment all giving rise to the initiation in Congress of the enactment
intimacy which assures free access to such or adoption of any law or resolution, and
public officer. acquires or receives any such interest
during his incumbency.
(b) Knowingly inducing or causing any public (c) A member of Congress or other public
official to commit any of the offenses officer, who, having such interest prior to
defined in Sec. 3. the approval of such law or resolution
authored or recommended by him,
Section 5. Prohibition on certain relatives. – The continues for thirty days after such
spouse or any relative, by consanguinity or approval to retain such interest.
affinity, within the third civil degree, of the
President, Vice-President, President of the Section 14. Exception. Unsolicited gifts or
Senate, or Speaker of the House of presents of small or insignificant value offered
Representatives is prohibited from intervening or given as a mere ordinary token of gratitude or
directly or indirectly, in any business, friendship according to local customs or usage,
transaction, contract or application with the shall be excepted from the provisions of this Act.
Government.
Exceptions: RA 7080: ANTI-PLUNDER ACT
(1) Any person who, prior to the assumption of Section 1. Definition of Terms
office of those officials to whom he is (a) Public Officer - any person holding any
related, has been already dealing with the public office in the Government of the
Government along the same line of
232
Republic of the Philippines by virtue of an benefit particular persons or special

appointment, election or contract. interests; or
(b) Government - includes the National (6) By taking undue advantage of official
Government, and any of its subdivisions, position, authority, relationship,
agencies or instrumentalities, including connection or influence to unjustly
GOCCs and their subsidiaries. enrich himself or themselves at the
(c) Person - includes any natural or juridical expense and to the damage and
person, unless the context indicates prejudice of the Filipino people and
otherwise. the Republic of the Philippines.
(d) Ill-gotten wealth - any asset, property, Section 2. Definition of the Crime of Plunder
business enterprise or material possession A crime committed by any public officer who, by
of any person within the purview of Section himself or in connivance with members of his
2 (Plunder), acquired by him directly or family, relatives by affinity or consanguinity,
indirectly through dummies, nominees, business associates, subordinates or other
agents, subordinates and/or business persons, amasses, accumulates or acquires ill-
associates by any combination or series of gotten wealth through a combination or series
the following means or similar schemes: of overt or criminal acts as described in Section
(1) Through misappropriation, conversion, 1(d) hereof, in the aggregate amount or total
misuse, or malversation of public value of at least P75,000,000.
funds or raids on the public treasury;
(2) By receiving, directly or indirectly, any Penalty - Life imprisonment with perpetual
commission, gift, share, percentage, absolute disqualification from holding any
kickbacks or any other form of public office.
pecuniary benefit from any person
and/or entity in connection with any Any person who participated with said public
government contract or project or by officer in the commission of plunder shall
reason of the office or position of the likewise be punished.
public officer concerned;
(3) By the illegal or fraudulent conveyance In the imposition of penalties, the degree of
or disposition of assets belonging to participation and the attendance of mitigating
the National Government or any of its and extenuating circumstances shall be
subdivisions, agencies or considered by the court.
instrumentalities or government-
owned or -controlled corporations and Section 4. Rule of Evidence
their subsidiaries; For purposes of establishing the crime of
(4) By obtaining, receiving or accepting plunder, it shall not be necessary to prove each
directly or indirectly any shares of and every criminal act done by the accused in
stock, equity or any other form of furtherance of the scheme or conspiracy to
interest or participation including amass, accumulate or acquire ill-gotten wealth,
promise of future employment in any it being sufficient to establish beyond
business enterprise or undertaking; reasonable doubt a pattern of overt or criminal
(5) By establishing agricultural, industrial acts indicative of the overall unlawful scheme or
or commercial monopolies or other conspiracy.
combinations and/or implementation
of decrees and orders intended to
233
Combination - refers to at least 2 acts falling or entertainments in honor of the official or

under different categories of enumeration in employee or his immediate relatives.
Sec. 1 (d) i.e. raids on the public treasury under
subpar. 1 and fraudulent conveyance of assets RA 6713 (CODE OF CONDUCT AND
belonging to the National Government under ETHICAL STANDARDS FOR PUBLIC
subpar. 3. [Estrada v. Sandiganbayan (2001)] OFFICIALS AND EMPLOYEES)
Section 7. Prohibited Acts and Transactions. - In
Series - refers to at least 2 or more overt or addition to acts and omissions of public officials
criminal acts falling under the same category of and employees now prescribed in the
enumeration in Sec. 1 (d) i.e. misappropriation, Constitution and existing laws, the following
malversation and raids on the public treasury shall constitute prohibited acts and
under subparagraph 1. [Estrada v. transactions of any public official and employee
Sandiganbayan (2001)] and are hereby declared to be unlawful:
(a) Financial and material interest. - Public
Pattern - consists of at least a combination or officials and employees shall not, directly
series of overt or criminal acts enumerated in or indirectly, have any financial or
subsections (1) to (6) of Section 1(d). It is a material interest in any transaction
general plan of action or method which the requiring the approval of their office.
principal accused and the public officer and (b) Outside employment and other activities
others conniving with him follow to achieve the related thereto. - Public officials and
unlawful scheme or conspiracy to achieve a employees during their incumbency shall
common goal. not:
[Estrada v. Sandiganbayan (2001)] (a) Own, control, manage or accept
employment as officer, employee,
Plunder is a crime malum in se, and the consultant, counsel, broker, agent,
element of mens rea must be proven in a trustee or nominee in any private
prosecution for plunder. [Estrada v. enterprise regulated, supervised or
Sandiganbayan (2001)] licensed by their office unless
expressly allowed by law;
PD 46 (b) Engage in the private practice of
It is punishable for any public official or their profession unless authorized by
employee, whether of the national or local the Constitution or law, provided,
governments, to receive, directly or indirectly, that such practice will not conflict or
and for private persons to give, or offer to give, tend to conflict with their official
any gift, present or other valuable thing on any functions; or
occasion, including Christmas, when such gift, (c) Recommend any person to any
present or other valuable thing is given by position in a private enterprise which
reason of his official position, regardless of has a regular or pending official
whether or not the same is for past favor or transaction with their office.
favors or the giver hopes or expects to receive a
favor or better treatment in the future from the These prohibitions shall continue to apply for a
public official or employee concerned in the period of one (1) year after resignation,
discharge of his official functions. Included retirement, or separation from public office,
within the prohibition is the throwing of parties except in the case of subparagraph (b) (2) above,
but the professional concerned cannot practice
234
his profession in connection with any matter

before the office he used to be with, in which The Ombudsman shall prescribe such
case the one-year prohibition shall likewise regulations as may be necessary to carry out the
apply. purpose of this subsection, including pertinent
(a) Disclosure and/or misuse of confidential reporting and disclosure requirements.
information. - Public officials and
employees shall not use or divulge, Nothing in this Act shall be construed to restrict
confidential or classified information or prohibit any educational, scientific or cultural
officially known to them by reason of their exchange programs subject to national security
office and not made available to the public, requirements.
either:
a. To further their private interests, or CHAPTER III: FRAUDS AND ILLEGAL
give undue advantage to anyone; or EXACTIONS AND TRANSACTIONS
b. To prejudice the public interest.
(b) Solicitation or acceptance of gifts. - Public
ARTICLE 213 - FRAUD AGAINST THE
officials and employees shall not solicit or
PUBLIC TREASURY AND SIMILAR
accept, directly or indirectly, any gift,
gratuity, favor, entertainment, loan or
OFFENSES
anything of monetary value from any
person in the course of their official duties Modes:
or in connection with any operation being A. Entering into an agreement with any
regulated by, or any transaction which may interested party or speculator or making
be affected by the functions of their office. use of any other scheme, to defraud the
government, in dealing with any person
As to gifts or grants from foreign with regard to furnishing supplies, the
governments, the Congress consents to: making of contracts, or the adjustment or
(a) The acceptance and retention by a settlement of accounts relating to public
public official or employee of a gift of property or funds;
nominal value tendered and received B. Demanding, directly or indirectly, the
as a souvenir or mark of courtesy; payment of sums different from or larger
(b) The acceptance by a public official or than those authorized by law, in collection
employee of a gift in the nature of a of taxes, licenses, fees, and other imposts;
scholarship or fellowship grant or C. Failing voluntarily to issue a receipt, as
medical treatment; or provided by law, for any sum of money
(c) The acceptance by a public official or collected by him officially, in the collection
employee of travel grants or expenses of taxes, licenses, fees and other imposts;
for travel taking place entirely outside D. Collecting or receiving, directly or indirectly,
the Philippine (such as allowances, by way of payment or otherwise, things or
transportation, food, and lodging) of objects of a nature different from that
more than nominal value if such provided by law, in the collection of taxes,
acceptance is appropriate or licenses, fees and other imposts.
consistent with the interests of the
Philippines, and permitted by the head
of office, branch or agency to which he
belongs.
235
Elements of Fraud against Public Treasury taxes, license fees, import duties and other dues
(par.1): payable to the government.
(a) Offender is a public officer
(b) He should have taken advantage of his Mere demand of a larger or different amount is
public office, that is, he intervened in sufficient to consummate the crime. The
the transaction in his official capacity essence is the improper collection (damage to
(c) He entered into an agreement with any government is not required).
interested party or speculator or made
use of any other scheme with regard to: The act of receiving payment due the
(a) Furnishing supplies government without issuing a receipt will give
(b) The making of contracts rise to illegal exaction even though a provisional
(c) The adjustment or settlement of receipt has been issued. What the law requires
accounts relating to public property or is a receipt in the form prescribed by law, which
funds means official receipt.
(d) Accused had intent to defraud the
Government. If sums are received without demanding the
same, a felony under this article is not
Consummated by merely entering into committed. However, if the sum is given as a
agreement with any interested party or sort of gift or gratification, the crime is indirect
speculator or by merely making use of other bribery.
scheme to defraud the government.
When there is deceit in demanding a greater fee
It is not necessary that the Government is than those prescribed by law, the crime
actually defrauded by the reason of the committed is estafa and not illegal exaction.
transaction
Illegal exaction may be complexed with
Elements of Illegal Exactions (par.2.): malversation if illegal exaction was committed
(a) That the offender is a public officer as a necessary means to commit malversation.
entrusted with the collection of taxes,
licenses, fees and other imposts; Officers and employees of the BIR or Customs
(b) He is guilty of the following acts or are not covered by the article. The NIRC or the
omissions: Revised Administrative Code is the applicable
(1) Demanding directly or indirectly, the law.
payment of sums different from or
larger than those authorized by law; ARTICLE 214 - OTHER FRAUDS
(2) Failing voluntarily to issue a receipt as
provided by law, for any sum of money Elements:
collected by him officially; or (a) Offender is a public officer;
(3) Collecting or receiving, directly or (b) He takes advantage of his official
indirectly, by way of payment or position;
otherwise, things or object of a nature (c) He commits any of the frauds or deceits
different from that provided by law enumerated in Article 315 to 318 (estafa,
other forms of swindling, swindling a
This can only be committed principally by a minor, other deceits).
public officer whose official duty is to collect
236
Additional penalty of temporary special distribution or adjudication of which they

disqualification in its maximum period to had acted;
perpetual special disqualification, apart from 3. Guardians and executors with respect to
the penalties imposed in Arts 315-318. the property belonging to their wards or
the estate.
ART. 215: PROHIBITED TRANSACTIONS
Fraud is not necessary. Intervention must be by
Elements: virtue of the public office held.
(a) Offender is an appointive public officer;
(b) He becomes interested, directly or The basis here is the possibility that fraud may
indirectly, in any transaction of be committed or that the officer may place his
exchange or speculation; own interest above that of the government or
(c) The transaction takes place within the party he represents.
territory subject to his jurisdiction;
(d) He becomes interested in the CHAPTER IV: MALVERSATION OF
transaction during his incumbency. PUBLIC FUNDS OR PROPERTY
Examples of transactions of exchange or ARTICLE 217 - MALVERSATION OF
speculation are: buying and selling stocks,
PUBLIC FUNDS OR PROPERTY -
commodities, land etc wherein one hopes to
PRESUMPTION OF MALVERSATION
take advantage of an expected rise or fall in
price.
Modes:
(a) Appropriating public funds or property;
Purchasing of stocks or shares in a company is
(b) Taking or misappropriating the same;
simple investment and not a violation of the
(c) Consenting, or through abandonment
article. However, regularly buying securities for
or negligence, permitting any other
resale is speculation.
person to take such public funds or
property; and
The offender may also be held liable under RA
(d) Being otherwise guilty of the
3019 Sec 3(i).
misappropriation or malversation of
such funds or property.
ARTICLE 216 - POSSESSION OF
PROHIBITED INTEREST BY A PUBLIC Elements common to all modes:
OFFICER 1. Offender is a public officer;
2. He had the custody or control of funds or
Persons liable: property by reason of the duties of his
1. Public officer who, directly or indirectly, office;
became interested in any contract or 3. Those funds or property were public funds
business in which it was his official duty to or property for which he was accountable;
intervene; 4. He appropriated, took, misappropriated or
2. Experts, arbitrators, and private consented or, through abandonment or
accountants who, in like manner, took part negligence, permitted another person to
in any contract or transaction connected take them.
with the estate or property in the appraisal,
237
Malversation is also called embezzlement. Returning the malversed funds is not exempting,
it is only mitigating.
Appropriation - Every attempt to dispose of
public funds or property without a right to do so. A person whose negligence made possible the
commission of malversation by another can be
The public officer must have official custody or held liable as a principal by indispensable
the duty to collect or receive funds due the cooperation.
government, or the obligation to account for
them, because this provision presupposes Demand as well as damage to the government
abuse of office. are not necessary elements. Demand merely
raises a prima facie presumption that missing
The nature of the duties of the public officer, not funds have been put to personal use. Damage
the name of the office, is controlling. Thus, a to the government is immaterial because the
clerk who receives money or property belonging penalty is based on the amount involved.
to the government, in the course of his
employment, for which he is bound to account, An accountable public officer may be convicted
may be liable under Article 217. of malversation even in the absence of direct
evidence of personal misappropriation, where
If the public officer is not accountable for the he has not been able to explain satisfactorily
funds or property but someone else is, the crime the absence of the public funds involved [Estepa
committed is theft or qualified theft if there is v. Sandiganbayan}
an abuse of confidence.
A private person may also commit malversation
It is not necessary that the offender profited for under the following situations:
as long as the accountable officer was remiss in (i) Conspiracy with a public officer in
his duty of safekeeping public funds or property. committing malversation;
He is liable for malversation if such funds were (ii) When he has become an accomplice or
lost or otherwise misappropriated by another. accessory to a public officer who commits
malversation;
Negligence - the omission of reasonable care (iii) When the private person is made the
and caution which an ordinary prudent person custodian in whatever capacity of public
would have used in the same situation. The funds or property, whether belonging to
measure of negligence is the standard of care national or local government, and he
commensurate with the occasion. misappropriates the same (Article 222);
(iv) When he is constituted as the depositary
It can be committed either with malice or or administrator of funds or property
through negligence or imprudence. This is one seized or attached by public authority
crime in the Revised Penal Code where the even though said funds or property
penalty is the same whether committed with belong to a private individual (Article 222).
dolo or through culpa.
Technical malversation (Article 220) is not
The funds or property must be received in an included in the crime of malversation.
official capacity. Otherwise, the crime
committed is estafa.
238
Presumption of misappropriation g or through abandonment , converting, or

When a demand is made upon an accountable or negligence, permitting denying having
officer and he cannot produce the fund or any other person to take the received money,
property involved, there is a prima facie public funds/property goods or other
presumption that he had converted the same to personal property
his own use. There must be indubitable proof
No element of damage. There is damage.
that thing unaccounted for exists.
Demand not necessary. There is a need
Audit should be made to determine if there was for prior demand.
shortage. Audit must be complete and A routine government audit was conducted in
trustworthy. If there is doubt, presumption does Wa-Acon’s office and it was discovered that the
not arise. sacks of rice entrusted to him for safekeeping
were missing.
The accused incurred shortage (P1.74) mainly
because the auditor disallowed certain cash Art 217 no longer requires proof by the State
advances the accused granted to employees. that the accused actually appropriated, took, or
But on the same date that the audit was made, misappropriated public funds or property;
the partly reimbursed the amount and paid it in instead, a presumption, though disputable and
full three days later. rebuttable, was installed upon demand by any
duly authorized officer, the failure of a public
The Supreme Court considered the officer to have duly forthcoming any public
circumstances as negative of criminal intent. funds or property which said officer is
The cash advances were made in good faith and accountable for should be prima facie evidence
out of good will to co-employees which was a that he had put such missing funds or
practice tolerated in the office. There was no properties to personal use. [People v. Wa-Acon
negligence, malice, nor intent to defraud. [Quizo (2006)]
v. Sandiganbayan]
ARTICLE 218 - FAILURE OF
Estafa with Abuse ACCOUNTABLE OFFICER TO RENDER
Malversation
of Confidence ACCOUNTS
(Art. 217)
(Art. 315)
Funds or property usually Funds/property Elements:
public are always (a) Offender is public officer, whether in the
private service or separated therefrom by
resignation or any other cause;
Offender is usually a public Offender is a
(b) He is an accountable officer for public
officer who is accountable for private individual
funds or property;
the public funds/property or even a public
(c) He is required by law or regulation to
officer who is not
render account to the Commission on Audit,
accountable for
or to a provincial auditor;
public
(d) He fails to do so for a period of two months
funds/property
after such accounts should be rendered/
Crime is committed by Crime is
appropriating, taking, or committed by Demand for accounting is not necessary. It is
misappropriating/consentin misappropriating also not essential that there be
239
misappropriation because if present, the crime Illegal use of public funds or property is also
would be malversation. known as technical malversation. The term
technical malversation is used because in this
ARTICLE 219 - FAILURE OF A crime, the fund or property involved is already
RESPONSIBLE PUBLIC OFFICER TO appropriated or earmarked for a certain public
RENDER ACCOUNTS BEFORE LEAVING purpose. Despite the public purpose, the act is
punished because it remains a violation of the
THE COUNTRY
appropriations law.
Elements:
Regardless of damage or embarrassment to the
(a) Offender is a public officer;
public service.
(b) He is an accountable officer for public
funds or property;
(c) He unlawfully leaves or attempts to Malversation Technical malversation
leave the Philippine Islands without (Art. 217) (Art. 220)
securing a certificate from the The offender The public officer
Commission on Audit showing that his misappropriates public applies the public
accounts have been finally settled. funds or property for his funds or property
own personal use, or under his
The act of leaving the country must be allows any other person administration to
unauthorized or not permitted by law. to take such funds or another public use
property for the latter’s different from that for
The purpose of the law is to discourage own personal use. which the public fund
responsible or accountable officers from leaving was appropriated by
without first liquidating their accountability. It is law or ordinance.
not necessary that they really misappropriated
public funds. ARTICLE 221 - FAILURE TO MAKE
DELIVERY OF PUBLIC FUNDS OR
ARTICLE 220 - ILLEGAL USE OF PUBLIC PROPERTY
FUNDS OR PROPERTY
Modes
Elements: 1. Failing to make payment by a public officer
1. Offender is a public officer; who is under obligation to make such
2. There are public funds or payment from government funds in his
property under his possession;
administration; 2. Refusing to make delivery by a public
3. Such fund or property were officer who has been ordered by competent
appropriated by law or authority to deliver any property in his
ordinance; custody or under his administration.
4. He applies such public fund or
property to any public use other Elements:
than for which it was (a) Public officer has government funds in
appropriated for. his possession;
(b) He is under obligation to either:
(a) make payment from such funds;
240
(b) to deliver any property in his custody Classes of prisoners involved

or under his administration (a) Those who have been sentenced by final
(c) He maliciously fails to make the judgment to any penalty;
payment or refuses to make delivery. (b) Detention prisoners who are
temporarily held in legal custody,
ARTICLE 222 - OFFICERS INCLUDED IN arrested for and charged with violation
THE PRECEDING PROVISIONS of some law or municipal ordinance.
(1) Private individual who, in any capacity, Leniency, laxity, and release of a detention
have charge of any national, provincial prisoner who could not be delivered to judicial
or municipal funds, revenue, or property authorities within the time fixed by law is not
(2) Administrator or depositary of funds or infidelity in the custody of a prisoner.
property that has been attached, seized
or deposited by public authority, even if But there is real actual evasion of service of a
owned by a private individual. sentence when the custodian permits the
prisoner to obtain a relaxation in his
Sheriffs and receivers fall under the term imprisonment and to escape the punishment of
“administrator.” A judicial administrator in being deprived of his liberty, thus making the
charge of settling the estate of the deceased is penalty ineffectual, although the convict may
not covered by the article. Conversion of effects not have fled. This includes allowing prisoners
in his trust makes him liable for estafa. to sleep and eat in the officer’s house or utilizes
the prisoner’s services for domestic chores.
Private property is included, provided it is (1)
attached, (2) seized or (3) deposited by public ARTICLE 224 - EVASION THROUGH
authority. NEGLIGENCE
CHAPTER V: INFIDELITY OF PUBLIC Elements:

OFFICERS (1) Offender is a public officer;
(2) He is charged with the conveyance or
custody of a detention prisoner or prisoner
SECTION ONE - INFIDELITY IN THE
by final judgment;
CUSTODY OF PRISONERS
(3) Such prisoner escapes through negligence
ARTICLE 223 - CONNIVING WITH OR This covers only positive carelessness and
CONSENTING TO EVASION definite laxity which amounts to deliberate non-
performance of duties.
Elements:
(1) Offender is a public officer; The fact that the public officer recaptured the
(2) He had in his custody or charge a prisoner who had escaped from his custody
prisoner, either detention prisoner or does not afford complete exculpation.
prisoner by final judgment;
(3) Such prisoner escaped from his custody; The liability of an escaping prisoner:
(4) He was in connivance with the prisoner (a) If he is a prisoner by final judgment, he
in the latter’s escape. (“shall consent to is liable for evasion of service (Art. 157)
the escape”)
241
(b) If he is a detention prisoner, he does not SECTION TWO - INFIDELITY IN THE

incur criminal liability (unless CUSTODY OF DOCUMENTS
cooperating with the offender).
ARTICLE 226 - REMOVAL,
Policeman Rodillas escorted detained prisoner CONCEALMENT, OR DESTRUCTION OF
Sacris to the court. After the court adjourned he
DOCUMENTS
let her eat lunch with her family, permitted her
to go to the ladies washroom unescorted and
Elements:
after her escape, did not report it immediately
to his superiors, instead he went around looking
(b) He abstracts, destroys or conceals a
for her.
document or papers;
(c) Said document or papers should have
SC held that he is guilty of the crime in Art 224
been entrusted to such public officer by
for being negligent in the performance of his
reason of his office;
duties which made the escape of Sacris possible.
(d) Damage, whether serious or not, to a
[Rodillas v. Sandiganbayan (1988)]
third party or to the public interest has
been caused.
ARTICLE 225 - ESCAPE OF PRISONER
UNDER THE CUSTODY OF A PERSON NOT Can only be committed by the public officer who
A PUBLIC OFFICER is made the custodian of the document in his
official capacity. If the offender is a private
Elements: individual, estafa is committed; if there is no
(a) Offender is a private person; damage, malicious mischief.
(b) The conveyance or custody of a prisoner or
person under arrest is confided to him; If the officer was placed in possession of the
(c) The prisoner or person under arrest document but it is not his duty to be the
escapes; custodian thereof, this crime is not committed.
(d) Offender consents to the escape, or that
the escape takes place through his The document must be complete and one by
negligence. which a right could be established or an
obligation could be extinguished.
If the offender who aided or consented to the
prisoner’s escaping from confinement, whether If the writings are mere forms, there is no crime.
the prisoner is a convict or a detention prisoner,
is not the custodian, the crime is delivering Damage to public interest is necessary.
prisoners from jail under Article 156. However, material damage is not necessary.
The party who is not the custodian but who Removal is consummated upon taking or
conspired with the custodian in allowing the secreting away of the document from its usual
prisoner to escape does not commit infidelity in place. It is immaterial whether or not the illicit
the custody of the prisoner. purpose of the offender has been accomplished.
Art. 225 is not applicable if a private person was This could cover failure on the part of the post
the one who made the arrest and he consented office to forward the letters to their destination.
to the escape of the person he arrested.
242
Damage in this article may consist in mere ARTICLE 228 - OPENING OF CLOSED
alarm to the public or in the alienation of its DOCUMENTS
confidence in any branch of the government
service. Elements:
ARTICLE 227 - OFFICER BREAKING SEAL (b) Any closed papers, documents, or
objects are entrusted to his custody;
Elements: (c) He opens or permits to be opened said
(1) Offender is a public officer; closed papers, documents or objects;
(2) He is charged with the custody of (d) He does not have proper authority.
papers or property;
(3) These papers or property are sealed by The act should not fall under Art 227. Damage
proper authority; is also not necessary.
(4) He breaks the seal or permits them to
be broken. ARTICLE 229 - REVELATION OF SECRETS
BY AN OFFICER
In "breaking of seal", the word "breaking"
should not be given a literal meaning. The Mode 1.
custodian is liable even if the seal was not Revealing any secrets known to the offending
actually broken because the custodian public officer by reason of his official capacity;
managed to open the parcel without breaking
the seal. Elements:
1. Offender is a public officer;
The element of damage is not required. 2. He knows of a secret by reason
of his official capacity;
Revelation Of Secrets Removal, 3. He reveals such secret without
By An Officer Concealment or authority or justifiable reasons;
(Art. 229) Destruction of 4. Damage, great or small, is
Documents (Art. caused to the public interest.
226)
The papers contain secrets The papers do not Mode 2.
and therefore should not contain secrets but Wrongfully delivering papers or copies of
be published, and the their removal is for papers of which he may have charge and which
public officer having charge an illicit purpose. should not be published.
thereof removes and
delivers them wrongfully to Elements:
a third person. (1) Offender is a public officer;
(2) He has charge of papers;
(3) Those papers should not be published;
(4) He delivers those papers or copies
thereof to a third person;
(5) The delivery is wrongful;
(6) Damage is caused to public interest.
243
Espionage is not contemplated in this article The reason for this provision is to uphold faith
since revelation of secrets of the State to a and trust in public service.
belligerent nation is already defined in Art 117
and CA 616. CHAPTER VI: OTHER OFFENSES OR
IRREGULARITIES BY PUBLIC
Secrets must affect public interest. Secrets of
OFFICERS
private persons are not included.
“Charge” - means custody or control. If he is

SECTION ONE - DISOBEDIENCE,
merely entrusted with the papers and not with REFUSAL OF ASSISTANCE, AND
the custody thereof, he is not liable under this MALTREATMENT OF PRISONERS
article.
ARTICLE 231 - OPEN DISOBEDIENCE
If the papers contain secrets which should not Elements:
be published, and the public officer having (1) Officer is a judicial or executive officer;
charge thereof removes and delivers them (2) There is a judgment, decision or order of
wrongfully to a third person, the crime is a superior authority;
revelation of secrets. (3) Such judgment, decision or order was
made within the scope of the
On the other hand, if the papers do not contain jurisdiction of the superior authority and
secrets, their removal for an illicit purpose is issued with all the legal formalities;
infidelity in the custody of documents. (4) He, without any legal justification,
openly refuses to execute the said
Damage is essential to the act committed. judgment, decision or order, which he is
duty bound to obey.
ARTICLE 230 - PUBLIC OFFICERS
REVEALING SECRETS OF PRIVATE ARTICLE 232 - DISOBEDIENCE TO THE
INDIVIDUALS ORDER OF SUPERIOR OFFICER WHEN
SAID ORDER WAS SUSPENDED BY
Elements: INFERIOR OFFICER
(b) He knows of the secrets of a private Elements:
individual by reason of his office; (a) Offender is a public officer;
(c) He reveals such secrets without (b) An order is issued by his superior for
authority or justifiable reason. execution;
(c) He has for any reason suspended the
Revelation to one person is sufficient. execution of such order;
(d) His superior disapproves the suspension of
When the offender is a public attorney or a the execution of the order;
solicitor, the act of revealing the secret should (e) Offender disobeys his superior despite the
not be covered by Art 209 (Betrayal of Trust). disapproval of the suspension.
Damage to private individual is not necessary. This does not apply if the order of the superior is
illegal.
244
ARTICLE 233 - REFUSAL OF ASSISTANCE ARTICLE 235 - MALTREATMENT OF

PRISONERS
Elements:
(1) Offender is a public officer; Elements:
(2) A competent authority demands from (a) Offender is a public officer or employee;
the offender that he lend his (b) He has under his charge a prisoner or
cooperation towards the administration detention prisoner;
of justice or other public service; (c) He maltreats such prisoner in either of the
(3) Offender maliciously fails to do so. following manners:
(a) By overdoing himself in the correction
The request must come from one public officer or handling of a prisoner or detention
to another. If he receives consideration prisoner under his charge either
therefore, bribery is committed. (a) By the imposition of punishment
not authorized by the regulations;
But mere demand will fall under the prohibition (b) By inflicting such punishments
under the provision of Republic Act No. 3019 (those authorized) in a cruel and
(Anti-Graft and Corrupt Practices Act). humiliating manner;
(b) By maltreating such prisoners to extort
Applies whether or not serious damage to the a confession or to obtain some
public interest was committed. information from the prisoner.
If the offender is a private individual, he may be This is committed only by such public officer
held liable for contempt. charged with direct custody of the prisoner.
ARTICLE 234 - REFUSAL TO DISCHARGE Offender may also be held liable for physical
ELECTIVE OFFICE injuries or damage caused.
Elements: If the public officer is not the custodian of the

(a) Offender is elected by popular election to a prisoner, and he manhandles the latter, the
public office; crime is physical injuries.
(b) He refuses to be sworn in or to discharge
the duties of said office; The offended party can either be a convict by
(c) There is no legal motive for such refusal to final judgment or a detention prisoner. To be
be sworn in or to discharge the duties of considered a detention prisoner, the person
said office. arrested must be placed in jail even for just a
short while.
Once an individual is elected to an office by the
will of the people, discharge of duties becomes The maltreatment does not really require
a matter of duty, not only a right. This only physical injuries. Any kind of punishment not
applies for elective, not appointive officers. authorized or although authorized if executed in
excess of the prescribed degree is covered.
If the maltreatment was done in order to extort

confession, the penalty is qualified to the next
higher degree.
245
If the acts of maltreatment constitute torture,

there is a separate criminal liability from the Infidelity in the Custody of Detained Persons
crime under the RPC. Torturous acts are not (Section 44):
absorbed in, nor do they absorb other crimes. (a) The offender is any public officer who
(Section 15, RA 9745) has direct custody of a detained person
liable under the provisions of this Act;
RA 9372: HUMAN SECURITY ACT (b) The offender causes or allows the
Failure to Deliver Suspect to the Proper Judicial escape of such detained person by his
Authority within Three Days (Section 20): deliberate act, misconduct, or
(1) The offender is a police or law enforcement inexcusable negligence;
personnel who has apprehended or
arrested, detained and taken custody of a The offender shall suffer the penalty of:
person; (a) 12 years and 1 day to 20 years of
(2) The person detained is charged with or imprisonment, if the detained person has
suspected of the crime of terrorism or already been convicted and sentenced in
conspiracy to commit terrorism; a final judgment of a competent court;
(3) The offender fails to deliver such charged (b) 6 years and 1 day to 12 years of
or suspected person to the proper judicial imprisonment, if the detained person has
authority within the period of 3 days. not been convicted and sentenced in a
final judgment of a competent court.
Exception (Section 19):
In the event of an actual or imminent terrorist The public officer is punished under the Human
attack, suspects may be detained for more than Security Act and not under infidelity in the
3 days upon the written approval of: custody of prisoners in the RPC (Articles 223-
(a) Municipal, city, provincial or regional 224), if the detained person is charged with or
official of the Human Rights Commission; suspected of the crime of terrorism or
(b) Judge of the MTC, RTC, or Sandiganbayan; conspiracy to commit terrorism.
or
(c) Justice of the CA nearest the place of arrest. False Prosecution (Section 50):
The written approval must be procured within 5 Upon acquittal, any person who is accused of
days after the date of detention. terrorism shall be entitled to the payment of
damages in the amount of P500,000 for every
Provided that within 3 days after detention, day that he/she has been detained or deprived
suspects whose connection with the terror of liberty or arrested without a warrant as a
attack or threat is not established, shall be result of such an accusation.
released immediately.
The amount of damages shall be automatically
If the arrest is made during Saturdays, Sundays, charged against the appropriations of the police
holidays or after office hours, the arresting agency or the Anti-Terrorism Council that
police or law enforcement personnel shall bring brought or sanctioned the filing of the charges
the person thus arrested to the residence of any against the accused. It shall also be released
of the officials mentioned above that is nearest within 15 days from the date of the acquittal of
the place where the accused was arrested the accused.
246
The award of damages mentioned above shall The offenders here can be those suspended,
be without prejudice to the right of the separated, declared over-aged, or dismissed.
acquitted accused to file criminal or
administrative charges against those ARTICLE 238 - ABANDONMENT OF
responsible for charging him with the case of OFFICE OR POSITION
terrorism.
Elements:
Any officer, employee, personnel, or person who (a) Offender is a public officer;
delays the release or refuses to release the (b) He formally resigns from his position;
amounts awarded to the individual acquitted of (c) His resignation has not yet been
the crime of terrorism as directed in the accepted;
paragraph immediately preceding shall suffer (d) He abandons his office to the detriment of
the penalty of 6 months of imprisonment. the public service.
SECTION TWO - ANTICIPATION, For the resignation to be formal, it has to be in

PROLONGATION, AND ABANDONMENT written form.
OF THE DUTIES AND POWERS OF PUBLIC
OFFICE The offense is qualified when the purpose of the
abandonment is to evade the discharge of
ARTICLE 236 - ANTICIPATION OF DUTIES duties of preventing, prosecuting, or punishing
OF A PUBLIC OFFICER any of the crimes falling within Title One and
Chapter One of Title Three of book two of the
Elements: RPC.
(a) Offender is entitled to hold a public office
or employment, either by election or Abandonment of
Dereliction of Duty
appointment; Office or Position
(Art. 208)
(b) The law requires that he should first be (Art. 238)
sworn in and/or should first give a bond; Committed by any Committed only by
(c) He assumes the performance of the duties public officer public officers who have
and powers of such office; the duty to institute
(d) He has not taken his oath of office and/or prosecution for the
given the bond required by law. punishment of violations
of the law
ARTICLE 237 - PROLONGING
There is actual Public officer does not
PERFORMANCE OF DUTIES AND abandonment abandon his office but
POWERS through resignation merely fails to prosecute
to evade the a violation of the law.
Elements: discharge of duties
(a) Offender is holding a public office;
(b) The period provided by law, regulations
SECTION THREE - USURPATION OF
or special provision for holding such
POWERS AND UNLAWFUL
office, has already expired;
(c) He continues to exercise the duties and APPOINTMENTS
powers of such office.
247
ARTICLE 239 - USURPATION OF (2) obstructs the execution of any order

LEGISLATIVE POWERS or decision rendered by any judge
within his jurisdiction.
Elements:
(a) Offender is an executive or judicial officer; ARTICLE 242 - DISOBEYING REQUEST
(b) He: FOR DISQUALIFICATION
(a) makes general rules or regulations
beyond the scope of his authority; or Elements:
(b) attempts to repeal a law; or (1) Offender is a public officer;
(c) suspends the execution thereof. (2) A proceeding is pending before such
public officer;
Arts 239-241 punish interference by public (3) There is a question brought before the
officers of the executive or judiciary with the proper authority regarding his
functions of another department of government jurisdiction, which is not yet decided;
to keep them within legitimate confines of their (4) He has been lawfully required to refrain
respective jurisdictions. from continuing the proceeding;
(5) He continues the proceeding.
Legislative officers are not liable for usurpation
of powers. The remedy is to file a petition for The disobedient officer is liable even if the
prohibition or injunction. jurisdictional question is resolved in his favor.
ARTICLE 240 - USURPATION OF ARTICLE 243 - ORDERS OR REQUEST BY

EXECUTIVE FUNCTIONS EXECUTIVE OFFICER TO ANY JUDICIAL
AUTHORITY
Elements:
1. Offender is a judge; Elements:
2. That he: (k) Offender is an executive officer;
i. assumes a power pertaining to the (l) He addresses any order or suggestion to
executive authorities, or any judicial authority;
ii. obstructs the executive authorities in (m) The order or suggestion relates to any case
the lawful exercise of their powers. or business coming within the exclusive
jurisdiction of the courts of justice.
Legislative officers are not liable for usurpation
of powers The purpose is to maintain the independence of
the judiciary from executive dictations.
ARTICLE 241 - USURPATION OF JUDICIAL
FUNCTIONS ARTICLE 244 - UNLAWFUL
APPOINTMENTS
Elements:
(1) Offender is an officer of the executive Elements:
branch of the government; (a) Offender is a public officer;
(2) That he: (b) He nominates or appoints a person to a
(1) assumes judicial powers, or public office;
248
(c) Such person lacks the legal 2. under the custody of the offender
qualifications therefore; who is a warden or other public
(d) Offender knows that his nominee or officer directly charged with the
appointee lacks the qualification at the care and custody of prisoners or
time he made the nomination or persons under arrest; or
appointment. 3. the wife, daughter, sister or relative
within the same degree by affinity
This can also be covered by RA 3019. of the person in the custody of the
offender.
Recommending, knowing that the person
recommended is not qualified is not a crime. The crime is consummated by mere proposal.
There must be a law providing for the The mother of the person in the custody of the
qualifications of a person to be nominated or public officer is not included.
appointed to a public office.
If the offender were not the custodian, then
ARTICLE 245 - ABUSES AGAINST crime would fall under Republic Act No. 3019.
CHASTITY
Solicit: means to propose earnestly and
Modes: persistently something unchaste and immoral
(a) Soliciting or making immoral or indecent to a woman. The advances must be immoral or
advances to a woman interested in matters indecent.
pending before the offending officer for
decision, or with respect to which he is Proof of solicitation is not necessary when there
required to submit a report to or consult is sexual intercourse.
with a superior officer;
(b) Soliciting or making immoral or indecent Abuse against chastity is not absorbed in rape
advances to a woman under the offender’s because the basis of penalizing the acts is
custody; different from each other
(c) Soliciting or making immoral or indecent
advances to the wife, daughter, sister or
relative within the same degree by affinity
of any person in the custody of the
offending warden or officer.
Elements:
(b) He solicits or makes immoral or
indecent advances to a woman;
(c) Such woman is –
1. interested in matters pending
before the offender for decision, or
with respect to which he is required
to submit a report to or consult
with a superior officer; or
249
Title VIII. Crimes against CHAPTER I DESTRUCTION OF LIFE
Persons ARTICLE 246 - PARRICIDE
Elements:
CHAPTER I: DESTRUCTION OF LIFE
(a) Person is killed;
(a) Article 246 – Parricide
(b) Deceased is killed by the accused;
(b) Article 247 - Death or Physical Injuries
(c) Deceased is the accused's
Under Exceptional Circumstances
1. legitimate/illegitimate father
(c) Article 248 – Murder
2. legitimate/illegitimate mother
(d) Article 249 – Homicide
3. legitimate/illegitimate child
(e) Article 250 - Penalty for Frustrated
(should not be less than 3 days
Parricide, Murder or Homicide
old, otherwise crime is
(f) Article 251 - Death Caused in Tumultuous
infanticide)
Affray
4. other legitimate ascendant
(g) Article 252 - Physical Injuries Caused in
5. other legitimate descendant
Tumultuous Affray
6. legitimate spouse
(h) Article 253 - Giving Assistance to Suicide
(i) Article 254 - Discharge of Firearms RELATIONSHIP
(j) Article 255 – Infanticide (a) This is the essential element of this crime –
(k) Article 256 - Intentional Abortion relationship of offender with the victim;
(l) Article 257 - Unintentional Abortion except for spouses, only relatives by blood
(m) Article 258 - Abortion Practiced by the and in direct line. Hence, adopted children
Woman Herself or by Parents are not included. [Reyes]
(n) Article 259 - Abortion by a Physician or (b) It must be alleged in the information. Wife
Midwife and Dispensing of Abortives of victim cannot be convicted of parricide if
(o) Article 260 - Responsibility of charged only with murder. However,
Participants in a Duel relationship must be considered
(p) Article 261 - Challenging to a Duel aggravating even if not alleged. [People v.
Jumawan]
CHAPTER II: PHYSICAL INJURIES (c) Spouse must be legitimate. Muslim
1. Article 262 – Mutilation husbands with several wives can be
2. Article 263 - Serious Physical Injuries convicted of parricide only in case the first
3. Article 264 - Administering Injurious wife is killed. [People v. Subano]
Substances or Beverages (d) A stranger who cooperates and takes part
4. Article 265 - Less Serious Physical Injuries in the commission of the crime of parricide
5. Article 266 - Slight Physical Injuries and is not guilty of parricide but only homicide
Maltreatment or murder, as the case may be. [People v.
6. Article 266-A - Rape (amended by RA Patricio; People v. Echaluce]
8353) (e) The law does not require knowledge of
relationship between offender and victim.
About this Title: The essence of crimes involves [Reyes]
the taking of human life, destruction of the fetus,
or inflicting injuries. Parricide when the penalty shall not be reclusion
perpetua to death:
250
(1) Reckless or simple imprudence [Art. 365] (e) “Living with parent(s)” - understood to be
(2) Parricide by mistake [Art. 49] in their own dwelling. If done in a motel,
(3) Parricide under exceptional circumstances article does not apply.
[Art. 247] SURPRISE
(f) means “to come upon suddenly and
ARTICLE 247 - DEATH OR PHYSICAL unexpectedly.”
INJURIES UNDER EXCEPTIONAL (g) If the accused did not surprise the
CIRCUMSTANCES supposed offenders in the very act of
committing adultery but thereafter, he
Elements: cannot invoke the privilege of Art. 247.
(a) A legally married person, or a parent, [People v. Gonzales] Justice Laurel’s Dissent:
surprises his spouse or his daughter, the Must the offended husband look on in the
latter under 18 years of age and living meantime and wait until the very physical
with him in the act of sexual intercourse act of coition take place? This
with another person; interpretation is far from being rational and
(b) He or she kills any or both of them, or certainly does violence to the reason and
inflicts upon any or both of them any purpose of the law.
serious physical injury in the act or
immediately thereafter; IMMEDIATELY THEREAFTER
(c) He has not promoted or facilitated the (h) There is no set time as jurisprudence has
prostitution of his wife or daughter, or held 1 hour or even 4 hours as
that he or she has not consented to the “immediately thereafter”. However, the act
infidelity of the other spouse. done must be a direct result of the outrage
of the cuckolded spouse, and a continuous
NOT A FELONY act from the moment of the surprising.
(a) This article does not define a felony, rather
it serves as a defense for a person charged ARTICLE DOES NOT APPLY:
with parricide, homicide or serious physical (1) If the surprising took place before any
injuries. If all the requisites have been met, actual sexual intercourse could be done.
the defendant will be sentenced to (2) If the daughter is married. Although the
destierro instead of the severe penalty for article does not use the word
the aforementioned crimes. If less serious “unmarried,” this article applies only
or slight physical injuries are inflicted, there when the daughter is single because
is no criminal liability. [Reyes] while under 18 and single, she is still
under parental authority. If she is
SPOUSE married, her husband alone can claim
(b) The wife is also entitled to the benefits of the benefits of this article.
this article. The phrase “any legally married
person” and the word “spouse” include the Evidence of the victim’s promiscuity is
wife. inconsequential to the killing. The offender
(c) Does not apply if the accused is a common- must prove that he actually surprised his
law spouse. wife and [her paramour] in flagrante
delicto, and that he killed the man during
PARENTS or immediately thereafter. [People v.
(d) Parents need not be legitimate. Puedan]
251
LIABILITY FOR PHYSICAL INJURIES SUFFERED of the victim, or outraging or scoffing

BY THIRD PERSONS at his person or corpse.
(i) In one case, two other persons suffered 7. The killing is not parricide or
physical injuries as they were caught in the infanticide.
crossfire when the accused shot the victim.
A complex crime of double frustrated Murder – The unlawful killing of any person
murder was not committed as the accused which is not parricide or infanticide with any of
did not have the intent to kill the two the circumstance mentioned in Art. 248.
victims. Here, the accused did not commit
murder when he fired at the paramour of QUALIFYING CIRCUMSTANCES
his wife. No aberratio ictus because he was (j) One attendant qualifying circumstance is
acting lawfully. Inflicting death under enough. If there are more than one alleged
exceptional circumstances is not murder. in the information for murder, only one will
[People v. Abarca] qualify the killing to murder and the other
circumstances will be taken as generic
ARTICLE 248 - MURDER aggravating circumstance.
(k) Any of the qualifying circumstances
ELEMENTS: enumerated in Art. 248 must be alleged in
the information. When the other
(a) Person was killed;
circumstances are absorbed or included in
(b) Accused killed him;
one qualifying circumstance, they cannot
(c) Killing attended by any of the following
be considered as generic aggravating.
qualifying circumstances
1. with treachery, taking advantage of
TREACHERY
superior strength, with the aid of
(l) Treachery absorbs the aggravating
armed men, or employing means to
circumstance of abuse of superior strength
weaken the defense, or of means or
and aid of armed men. [People v. Sespeñe]
persons to insure or afford impunity;
(m) The essence of treachery is that the
2. in consideration of a price, reward or
offended party was denied the chance to
promise;
defend himself because of the means,
3. by means of inundation, fire, poison,
methods, or forms of attack deliberately
explosion, shipwreck, stranding of a
adopted by the offender were not merely
vessel, derailment or assault upon a
incidental to the killing.
railroad, fall of an airship, by means of
(n) Killing of a person with treachery is murder
motor vehicles, or with the use of any
even if there was no intent to kill. [People v.
other means involving great waste and
Cagoco (1933)]
ruin;
(o) Killing of a child of tender age is qualified
4. on occasion of any of the calamities
by treachery. [People v. Valerio (1988)]
enumerated in the preceding
paragraph, or of an earthquake,
INTENT TO KILL
eruption of a volcano, destructive
(p) When the victim is already dead, intent to
cyclone, epidemic, or any other public
kill becomes irrelevant. It is important only
calamity;
if the victim did not die to determine if the
5. with evident premeditation;
felony is physical injury or attempted or
6. with cruelty, by deliberately and
frustrated homicide.
inhumanly augmenting the suffering
252
“Employing means or persons to insure or (w) It is absorbed in price, reward or promise, if

afford impunity” – means are employed by the without the premeditation the inductor
accused to prevent his being recognized or to would not have induced the other to
secure himself against detection and commit the act but not as regards the one
punishment induced.
(x) The prosecution must prove (1) the time
PRICE, REWARD, OR PROMISE when the offender determined (conceived)
(q) The person who received the price or to kill his victim; (2) an act of the offender
reward or who accepted a promise of price manifestly indicating that he clung to his
or rewards and would not have killed the determination to kill his victim; and (3) a
victim were it not for that price, reward, or sufficient lapse of time between the
promise is a principal by direct determination and the execution of the
participation. killing.
(r) The person who gave the price or reward or
who made the promise is a principal by CRUELTY
induction. (y) Under Article 14, the generic aggravating
circumstance of cruelty requires that the
FIRE victim be alive, when the cruel wounds
(s) When a person is killed by fire, the were inflicted and, therefore, there must be
primordial criminal intent of the offender is evidence to that effect.
considered. If the primordial criminal intent (z) Injuries or wounds, not necessary for the
of the offender is to kill and fire was only killing of the victim, must be inflicted
used as a means to do so, the crime is only deliberately by the offender.
murder. If the primordial criminal intent of (aa)Yet, in murder, aside from cruelty, any act
the offender is to destroy property with the that would amount to scoffing or decrying
use of pyrotechnics and incidentally, the corpse of the victim will qualify the
somebody within the premises is killed, the killing to murder.
crime is arson with homicide, a single
indivisible crime penalized under Art. 326, Outraging – to commit an extremely vicious or
which is death as a consequence of arson. deeply insulting act
(t) Intent to kill must be present for the use of Scoffing – to jeer; implies a showing of
fire to be appreciated as a qualifying irreverence
circumstance. [People v. Pugay and
Samson] ARTICLE 249 - HOMICIDE
POISON Elements:
(u) Treachery and evident premeditation are (1) Person was killed;
inherent in murder by poison only if the (2) Offender killed him without any justifying
offender has the intent to kill the victim by circumstances;
use of poison. (3) Offender had the intention to kill, which is
presumed;
EVIDENT PREMEDITATION (4) Killing was not attended by any of the
(v) Act of the offender manifestly indicating qualifying circumstances of murder, or by
that he clung to his determination to kill his that of parricide or infanticide
victim.
253
Corpus delicti – means the actual commission of ARTICLE 250 - PENALTY FOR
the crime charged FRUSTRATED PARRICIDE, MURDER OR
(1) In all crimes against persons in which the HOMICIDE
death of the victim is an element of the
offense, there must be satisfactory Courts may impose a penalty:
evidence of (1) the fact of death and (2) the (a) 2 degrees lower for frustrated parricide,
identity of the victim murder, or homicide
(b) 3 degrees lower for attempted parricide,
INTENT TO KILL murder, or homicide.
(2) Intent to kill is conclusively presumed when
death resulted. Evidence of intent to kill is For frustrated parricide, homicide or murder,
important only in attempted or frustrated the courts, in view of the facts of the case, may
homicide. impose a penalty lower by one degree than that
(3) In attempted or frustrated homicide, there imposed under Art. 50.
is intent to kill. In physical injuries, there is
none. However, if as a result of the physical Art. 50 provides that the penalty next lower in
injuries inflicted, the victim died, the crime degree than that prescribed by law for the
will be homicide because the law presumes consummated felony shall be imposed upon a
intent to kill and punishes the result, and principal in a frustrated felony. Thus, under Art.
not the intent of the act. The accused will, 50, the court can impose a penalty of TWO
however, be entitled to the mitigating DEGREES LOWER for frustrated parricide,
circumstance of lack of intent to commit so murder, or homicide.
grave a wrong.
For attempted parricide, homicide, or murder,
No offense of frustrated homicide through the courts, in view of the facts of the case may
imprudence. impose a penalty by one degree than that
(4) The element of intent to kill in frustrated imposed under Art. 51.
homicide is incompatible with negligence
or imprudence. [People v. Castillo (1999)] Art. 51 provides that the penalty lower by two
degrees than that prescribed by law for the
OTHER NOTES: consummated felony shall be imposed upon the
(5) Physical injuries sufficient to cause death principal in an attempted felony. Thus, under
are one of the essential elements of Art. 250, the court can impose a penalty of
frustrated homicide. THREE DEGREES LOWER for attempted
(6) In accidental homicide wherein death of a parricide, murder, or homicide.
person is brought about by a lawful act
performed with proper care and skill and NOTE: Any attempt on, or conspiracy against,
without homicidal intent, there is no the life of the Chief Executive of the Philippines
liability. or that of any member of his family, or against
(7) Use of unlicensed firearm is an aggravating the life of any member of his cabinet or that of
circumstance in homicide. any member of the latter’s family, shall suffer
the penalty of death.
254
ARTICLE 251 - DEATH CAUSED IN The crimes committed might be disturbance of

TUMULTUOUS AFFRAY public order, or if participants are armed, it
could be tumultuous disturbance, or if property
Elements: was destroyed, it could be malicious mischief.
(1) There are several persons;
(2) They do not compose groups organized for ARTICLE 252 - PHYSICAL INJURIES
the common purpose of assaulting and CAUSED IN TUMULTUOUS AFFRAY
attacking each other reciprocally;
(3) These several persons quarreled and Elements:
assaulted one another in a confused and  There is a tumultuous affray;
tumultuous manner;  A participant or some participants thereof
(4) Someone was killed in the course of the suffered serious physical injuries or
affray; physical injuries of a less serious nature
(5) It cannot be ascertained who actually killed only;
the deceased;  The person responsible thereof cannot be
(6) The person or persons who inflicted serious identified;
physical injuries or who used violence can  All those who appear to have used
be identified. violence upon the person of the offended
party are known.
Tumultuous affray – is a commotion in a
confused manner to an extent that it would not Unlike in Article 251, the injured party in this
be possible to identify who the killer is if death article must be one or some of the participants
results, or who inflicted the serious physical in the affray.
injury, but the person or persons who used
violence are known. It exists when at least four All those who appear to have used violence
persons took part [Reyes]. shall suffer the penalty next lower in degree
 The groups must not be organized to than that provided for the serious physical
mutually assault or fight each other, injuries inflicted. For less serious physical
otherwise the hostilities would not be injuries, the penalty is arresto mayor from five to
considered as a tumultuous affray. [People fifteen days.
v. Abiog (1920)]
Physical injury should be serious or less serious.
Who are liable?
(a) The person or persons who inflicted the No crime of physical injuries resulting from a
serious physical injuries tumultuous affray if the physical injury is only
(b) If it is not known who inflicted the slight because slight physical injury is
serious physical injuries on the considered as inherent in a tumultuous affray.
deceased, all persons who used
violence upon the person of the victim ARTICLE 253 - GIVING ASSISTANCE TO
are liable.
SUICIDE
If there is conspiracy, this crime is not
Modes:
committed. The crime would be murder or (1) Assisting another to commit suicide,
homicide. whether the suicide is consummated or
not;
255
(2) Lending his assistance to another to  A doctor who resorts to euthanasia of his
commit suicide to the extent of doing the patient may be liable for murder. But if the
killing himself. patient himself asks to be killed by his
doctor, this Article applies. [Reyes]
Giving assistance to suicide means giving
means (arms, poison, etc.) or whatever manner ARTICLE 254 - DISCHARGE OF FIREARMS
of positive and direct cooperation (intellectual
aid, suggestions regarding the mode of Elements:
committing suicide, etc.). (a) Offender discharges a firearm against or at
another person.
If the person does the killing himself, the (b) Offender has no intention to kill that
penalty is similar to that of homicide, which is person.
reclusion temporal.
No crime if firearm is not discharged. It is
The relation of the offender to the person essential for prosecution to prove that the
committing suicide is not material. The law discharge of firearm was directed precisely
does not distinguish. Hence, penalty would be against the offended party.
the same if the offender is the father, mother or
child. The crime is the discharge of firearm, even if the
gun was not pointed at the offended party when
There can be no qualifying circumstance it fired, as long as it was initially aimed by the
because the determination to die must come accused at or against the offended party
from the victim.
If there is intention to kill, it may be classified as
The person attempting suicide is not liable. attempted parricide, murder, or homicide.
Reason: He should be pitied, not punished.
No presumed intent to kill if the distance is 200
A pregnant woman who tried to commit suicide meters.
by means of poison, but instead of dying, the
fetus in her womb was expelled, is not liable for There is a special complex crime of illegal
abortion. In order to incur criminal liability for discharge of firearm with serious or less serious
the result not intended, one must be physical injuries.
committing a felony [Art. 4; Reyes]. An attempt
to commit ARTICLE 255 – INFANTICIDE
Euthanasia – commonly known as mercy- Elements:

killing; the practice of painlessly putting to (1) A child was killed by the accused;
death a person suffering from some incurable (2) The deceased child was less than 3 days old
disease. (72 hours).
 This article does not contemplate
euthanasia where the crime is murder (if Infanticide – the killing of any child less than
without consent; with consent, covered by three days of age, whether the killer is the
Article 253). Euthanasia is not lending parent or grandparent, any other relative of the
assistance to suicide. In euthanasia, the child, or a stranger.
victim is not in a position to commit suicide.
256
If the offender is the parent and the victim is from the maternal womb which results in the
less than three days old, the crime is infanticide death of the foetus. [Reyes citing Guevarra]
and not parricide.
Ways of committing intentional abortion
A stranger who cooperates in the perpetration  Using any violence upon the person of
of infanticide committed by the mother or the pregnant woman;
grandparent on the mother’s side, is liable for  Acting, but without using violence,
infanticide, but he must suffer the penalty without the consent of the woman. (By
prescribed for murder. administering drugs or beverages upon
such pregnant woman without her
It is necessary that the child be born alive and consent.)
viable (capable of independent existence). [US v.  Acting (by administering drugs or
Vedra (1908)] There is no infanticide when the beverages), with the consent of the
child was born dead, or although born alive, it pregnant woman.
could not sustain an independent life when it
was killed. ABORTION vs. INFANTICIDE
Abortion Infanticide
Only the mother and maternal grandparents of
Fetus could not Fetus could sustain an
the child are entitled to the mitigating
sustain independent independent life after
circumstance of concealing the dishonor.
life. No legal separation from the
Concealment of dishonor is not an element of
viability. mother’s womb.
infanticide, it merely lowers the penalty.
If the mother as a consequence of abortion

If the child is abandoned without any intent to
suffers death or physical injuries, there is a
kill and death results as a consequence, the
complex crime of murder or physical injuries
crime committed is not infanticide but
and abortion.
abandonment under Article 276.
ARTICLE 256 - INTENTIONAL ABORTION In intentional abortion, the offender must know
of the pregnancy because the particular
Elements: criminal intent is to cause an abortion.
(a) There is a pregnant woman;
(b) Violence is exerted, or drugs or beverages If the woman turns out not to be pregnant and
administered, or that the accused someone performs an abortion upon her, he is
otherwise acts upon such pregnant liable for an impossible crime if the woman
woman; suffers no physical injury.
(c) As a result of the use of violence or drugs or
beverages upon her, or any other act of the If she dies or suffers injuries, the crime will be
accused, the fetus dies, either in the womb homicide, serious physical injuries, etc.
or after having been expelled therefrom;
(d) The abortion is intended. FRUSTRATED ABORTION
(1) committed if the fetus that is expelled is
Abortion – the willful killing of the foetus in the viable and, therefore, not dead as abortion
uterus or the violent expulsion of the foetus did not result despite the employment of
adequate and sufficient means to make the
pregnant woman abort.
257
ARTICLE 257 - UNINTENTIONAL ARTICLE 258 - ABORTION PRACTICED BY

ABORTION THE WOMAN HERSELF OR BY PARENTS
Elements: Elements:
(a) There is a pregnant woman;  There is a pregnant woman who has
(b) Violence is used upon such pregnant suffered an abortion;
woman without intending an abortion;  Abortion is intended;
(c) The violence is intentionally exerted;  Abortion is caused by –
(d) Result of violence – fetus dies, either in (1) The pregnant woman herself;
the womb or expelled therefrom (2) Any other person, with her consent; or
(3) Any of her parents, with her consent
Unintentional abortion requires physical for the purpose of concealing her
violence inflicted deliberately and voluntarily by dishonour.
a third person upon the pregnant woman,
without intention to cause the abortion. If the purpose of abortion is to conceal dishonor,
mitigation applies only to pregnant woman and
If the pregnant woman was killed by violence by not to parents of pregnant woman, unlike in
her husband, the crime committed is the infanticide.
complex crime of parricide with unintentional
abortion. If the purpose of parents is not to conceal
dishonor, the crime is intentional abortion.
Unintentional abortion may be committed
through negligence as it is enough that the use ARTICLE 259 - ABORTION BY A
of violence be voluntary. In one case, the PHYSICIAN OR MIDWIFE AND
accused was declared guilty of the crime of DISPENSING OF ABORTIVES
unintentional abortion through reckless
imprudence for having bumped a calesa which Elements:
resulted in a pregnant woman bumping her (a) There is a pregnant woman who has
abdomen against the wall of the calesa and suffered an abortion;
eventually led to an abortion. [People v. Jose] (b) The abortion is intended;
(c) Offender, who must be a physician or
If the act of violence is not felonious, that is, act midwife, caused or assisted in causing the
of self-defense, and there is no knowledge of abortion;
the woman’s pregnancy, there is no liability. (d) Said physician or midwife took advantage
of his or her scientific knowledge or skill.
Mere boxing of the stomach taken together with
the immediate strangling of the victim in a fight, The penalties provided for intentional abortion
is not sufficient proof to show an intent to cause shall be imposed in the maximum period for
abortion. [People v. Salufrania (1988)] physicians and midwives violating this article.
Reason: heavier guilt in making use of their
For the crime of abortion, even unintentional, to knowledge for the destruction of human life,
be held committed, the accused must have when it should be used only for its preservation.
known of the pregnancy. [People v. Carnaso] [Reyes citing Albert]
258
If the abortion is produced by a physician to

save the life of the mother, there is no liability. There is no such crime nowadays because
people hit each other even without entering into
Elements (for pharmacists): any pre-conceived agreement. This is an
(1) The offender is a pharmacist; obsolete provision.
(2) There is no proper prescription from a
physician; If these are not the conditions of the fight, it is
(3) The offender dispenses any abortive. not a duel in the sense contemplated in the RPC.
It will be a quarrel and anyone who killed the
Article punishes a pharmacist who merely other will be liable for homicide or murder, as
dispenses with an abortive without the proper the case may be.
prescription of a physician.
It is not necessary that the pharmacist knows ARTICLE 261 - CHALLENGING TO A DUEL
that the abortive would be used to cause an
abortion. What is punished is the dispensing of Modes:
the abortive without the proper prescription. It (1) Challenging another to a duel;
is not necessary that the abortive be actually (2) Inciting another to give or accept a
used either. challenge to a duel;
(3) Scoffing at or decrying another publicly for
If pharmacist knew that the abortive would be having refused to accept a challenge to
used for abortion, he would be liable as an fight a duel.
accomplice in the crime of abortion.
Persons Responsible:
ARTICLE 260 - RESPONSIBILITY OF (a) Challenger
PARTICIPANTS IN A DUEL (b) Instigators
Modes: If one challenges another to a duel by shouting

(a) Killing one’s adversary in a duel; “Come down, Olympia, let us measure your
(b) Inflicting upon such adversary physical prowess. We will see whose intestines will come
injuries; out. You are a coward if you do not come down”,
(c) Making a combat although no physical the crime of challenging to a duel is not
injuries have been inflicted. committed. What is committed is the crime of
light threats under Article 285, paragraph 1.
Persons liable [People v. Tacomoy]
(a) The person who killed or inflicted physical
injuries upon his adversary, or both CHAPTER II PHYSICAL INJURIES
combatants in any other case, as
principals.
ARTICLE 262 – MUTILATION
(b) The seconds, as accomplices.
FIRST MODE
Duel – a formal or regular combat previously Intentionally mutilating another by depriving
consented to by two parties in the presence of him, either totally or partially, of some essential
two or more seconds of lawful age on each side, organ for reproduction; (Mutilation)
who make the selection of arms and fix all the
other conditions of the fight to settle some Elements:
antecedent quarrel.
259
 There be a castration, that is, mutilation (1) becomes insane, imbecilic, impotent or
of organs necessary for generation, such blind
as the penis or ovarium; (2) (a) loses the use of speech or the power to
 The mutilation is caused purposely and hear or to smell, or loses an eye, a hand, a
deliberately foot, an arm, or a leg, or
(b) loses the use of any such member; or
SECOND MODE (c) becomes incapacitated for the work in
Intentionally making other mutilation, that is, which he was theretofore habitually
by lopping or clipping off any part of the body of engaged, in consequence of the physical
the offended party, other than the essential injuries inflicted;
organ for reproduction, to deprive him of that (3) (a) becomes deformed; or
part of his body. (Mayhem) (b) loses any other member of his body; or
(c) loses the use thereof; or
The offender must have the intention to deprive (d) becomes ill or incapacitated for the
the offended party of a part of his body. If there performance of the work in which he was
is no such intention, the crime will be serious habitually engaged for more than 90
physical injuries. days;
(4) becomes ill or incapacitated for labor for
Mutilation – the lopping or clipping off of some more than 30 days (but must not be more
part of the body than 90 days).
Castration – intentionally mutilating another by In physical injuries, there must no be intent to

depriving him, either totally or partially, of some kill, otherwise the crime is
essential organ for reproduction frustrated/attempted murder or homicide as
the case may be.
Mayhem – Basically, other intentional
mutilation. It is intentionally making mutilation PHYSICAL INJURIES vs. ATTEMPTED OR
other than some essential organ for FRUSTRATED HOMICIDE
reproduction and to deprive him of that part of Physical Injuries Attempted or Frustrated
the body Homicide
No intent to kill May be committed even if no
ARTICLE 263 - SERIOUS PHYSICAL offended party physical injuries are inflicted
INJURIES Offender has intent to kill
party
Modes of Commission:
(a) By wounding; UNDER THE FIRST TYPE
(b) By beating; (2) Impotence means an inability to copulate.
(c) By assaulting; or It includes sterility.
(d) By administering injurious substance. (3) Penalty is one degree higher when the
(Art. 264) victim is under 12 years of age.
(4) Blindness under this type must be of two
What are serious physical injuries? They are eyes while blindness under the second type
when the injured person, in consequence of the requires the loss of an eye only. Mere
physical injuries inflicted— weakness of vision is not contemplated.
260
UNDER THE SECOND TYPE body or use of the same. Loss of power to hear
(5) Loss of power to hear must be of both ears. of right ear only is loss of use of other part of
If hearing in only one ear is lost, it falls body.
under the third type.
(6) Loss of the use of hand or incapacity for UNDER THE FOURTH TYPE
work must be permanent. Illness – when the wound inflicted did not heal
(7) All the body parts mentioned are principal with a certain period of time.
members of the body (eye, hand, foot etc.) (a) Note that under serious physical injuries of
the fourth type, illness or incapacity is
UNDER THE THIRD TYPE required, NOT medical attendance.
(8) It covers any other part of the body which is
not a principal member of the body. Paragraphs 2 and 3 refers to the “work in which
(9) Fingers of the hand are not principal he was theretofore habitually engaged”
members and the loss of such fall under
the third type. However, if it is proven that Must the injured party have a vocation at the
the loss of the fingers resulted in the loss of time of the injury? YES, insofar as these two
the use of the hand itself, it would fall paragraphs are concerned. Incapacity therefore
under the second type. [US v. Punsalan must relate to a certain kind of work only.
(1912)]
However, in paragraph 4, incapacity for any kind
Deformity – physical ugliness, permanent and of work is acceptable, because the phrase
definite abnormality. It must be conspicuous “incapacity for labor” is used.
and visible.
Injury requiring hospitalization for more than
Elements of deformity: thirty days is serious physical injuries under
(1) physical ugliness, paragraph 4.
(2) permanent and definite abnormality, and
(3) it must be conspicuous and visible. When the category of the offense of serious
All these elements must concur. physical injuries depends on the period of
illness or incapacity for labor, there must be
Illustrations: evidence of the length of that period; otherwise,
(a) Loss of molar tooth – This is not deformity the offense is only slight physical injuries.
as it is not visible.
(b) Loss of permanent front tooth – This is Lessening of efficiency due to injury is NOT
deformity as it is visible and permanent. incapacity.
(c) Loss of milk front tooth – This is not
deformity as it is visible but will be Distinguished from mutilation: In mutilation, the
naturally replaced. body parts should have been purposely and
deliberately lopped or clipped off. This intention
Deformity by loss of teeth refers to injury which is not present in serious physical injuries.
cannot be repaired by the action of nature. Loss
of both outer ears is a deformity. Loss of the No attempted or frustrated crime of physical
lobule of the ear is a deformity. Loss of index injuries
and middle fingers only is either deformity or This felony is defined by the gravity of the injury.
loss of a member, not a principal one, of his It is a crime of result. As long as there is no
261
injury, there can be no attempted or frustrated days), or needs medical attendance for the
stage thereof. same period of time;
(2) The physical injuries must not be those
Classification of physical injuries: described in the preceding articles.
(a) Between less serious physical injuries and
serious physical injuries, do not consider Qualified as to penalty
the period of medical treatment. Only (1) A fine not exceeding P 500.00, in addition
consider the period when the offended to arresto mayor, when
party is rendered incapacitated for labor. 1. There is a manifest intent to insult or
(b) When the injury created a deformity upon offend the injured person; or
the offended party, disregard the healing 2. There are circumstances adding
duration or the period of medical treatment ignominy to the offense.
involved. At once, it is considered serious (2) A higher penalty is imposed when the
physical injuries. victim is either –
Serious physical injuries is punished with higher 1. The offender’s parents, ascendants,
penalties in the following cases: guardians, curators or teachers; or
(c) If it is committed against any of the persons 2. Persons of rank or person in authority,
referred to in the crime of parricide under provided the crime is not direct assault.
Article 246;
(d) If any of the circumstances qualifying ARTICLE 266 - SLIGHT PHYSICAL
murder attended its commission. INJURIES AND MALTREATMENT
ARTICLE 264 - ADMINISTERING Modes

INJURIOUS SUBSTANCES OR (1) Physical injuries incapacitated the offended
BEVERAGES party for labor from 1-9 days, OR required
medical attendance during the same
Elements: period;
(1) Offender inflicted upon another any serious (2) Physical injuries which did not prevent the
physical injury; offended party from engaging in his
(2) It was done by knowingly administering to habitual work or which did not require
him any injurious substance or beverages medical attendance;
or by taking advantage of his weakness of (3) Ill-treatment of another by deed without
mind or credulity; causing any injury.
(3) He had no intent to kill.
This involves even ill-treatment where there is
If the accused did not know of the injurious no sign of injury requiring medical treatment.
nature of the substances administered, he is not
liable under this article. Slapping the offended party is a form of ill-
treatment which is a form of slight physical
ARTICLE 265 - LESS SERIOUS PHYSICAL injuries.
INJURIES
But if the slapping is done to cast dishonor
Elements: upon the person slapped, or to humiliate or
(1) Offended party is incapacitated for labor embarrass the offended party out of a quarrel or
for 10 days or more (but not more than 30 anger, the crime is slander by deed.
262
4. When the woman is under 12 years of

Between slight physical injuries and less serious age (Statutory Rape) or is demented.
physical injuries, not only the healing duration
of the injury will be considered but also the Second Mode:
medical attendance required to treat the injury. Rape Through Sexual Assault
So the healing duration may be one to nine days, Elements:

but if the medical treatment continues beyond (a) Offender commits an act of sexual assault;
nine days, the physical injuries would already (b) The act of sexual assault is committed by
qualify as less serious physical injuries. any of the following means:
(1) By inserting his penis into another
The medical treatment may have lasted for nine person's mouth or anal orifice; or
days, but if the offended party is still (2) By inserting any instrument or object
incapacitated for labor beyond nine days, the into the genital or anal orifice of another
physical injuries are already considered less person;
serious physical injuries. (c) The act of sexual assault is accomplished
under any of the following circumstances:
Where there is no evidence of actual injury, it is (1) By using force or intimidation; or
only slight physical injuries. (2) When the woman is deprived of reason
or otherwise unconscious; or
In the absence of proof as to the period of the (3) By means of fraudulent machination or
offended party’s incapacity for labor or of the grave abuse of authority; or
required medical attendance, the crime (4) When the woman is under 12 years of
committed is slight physical injuries. age or demented.
ARTICLE 266-A - RAPE CLASSIFICATIONS OF RAPE

(AS AMENDED BY RA 8353) (1) Rape by sexual intercourse
1. Offended party is always a woman
First Mode: 2. Offender is always a man.
Rape through sexual intercourse without
consent of the woman: (Rape by Sexual (2) Sexual assault
Intercourse) 1. Rape can now be committed by a man
or a woman, that is, if a woman or a
Elements: man uses an instrument on anal orifice
(1) Offender is a man; of male, she or he can be liable for
(2) Offender had carnal knowledge of a rape.
woman; 2. Inserting a finger inside the genital of
(3) Such act is accomplished under any of the a woman is rape through sexual
following circumstances: assault within the context of ‘object’.
1. By using force, threat or intimidation;
2. When the woman is deprived of reason AGGRAVATING CIRCUMSTANCES:
or is otherwise unconscious; (1) If the victim:
3. By means of fraudulent machination (a) Is under 18 yrs. old, & the offender is a
or grave abuse of authority; parent, ascendant, step-parent,
guardian, relative by consanguinity or
263
affinity w/in the 3rd civil degree, or the her parents,

common law spouse of the parent of grandparents or
the victim guardian if the
(b) Is under the custody of the police / woman was a minor
military authorities / law enforcement or incapacitated
agency
Marriage of the victim Marriage extinguishes
(c) Is a religious and such legitimate
w/ one of the the penal action only as
vocation is known by the offender
offenders benefits not to the principal (the
before or at the time of rape
only the principal but person who married the
(d) is a child below 7 yrs. Old;
also the accomplices victim), and cannot be
(e) suffered permanent or physical
and accessories extended to co-
mutilation or disability by reason or on
principals in case of
the occasion of rape
MULTIPLE RAPE
(2) If the offender:
(a) is afflicted with a sexually Marital rape NOT Marital rape recognized
transmissible disease & the virus / recognized
disease is transmitted to the victim;
(b) is a member of the AFP / PNP / any Complete penetration is NOT necessary. The
law enforcement agency / penal slightest penetration—contact with the labia—
institution, & took advantage of his will consummate the rape. There is NO crime of
position; FRUSTRATED RAPE because in rape, from the
(c) knew of the pregnancy of the offended moment the offender has carnal knowledge of
party at the time of the commission of the victim, he actually attains his purpose, all
rape; the essential elements of the offense have been
(d) knew of the mental disability, accomplished. [People v. Orita (1990)]
emotional disorder, & / or physical
handicap of the offended party at the Rape must have specific intent or lewd design.
time of the commission of rape For rape to be consummated, a slight brush or
(3) If Rape is committed in full view of the scrape of the penis on the external layer of the
spouse, parent, any of the children, or other vagina will not suffice. Mere touching of the
relatives w/in the 3rd civil degree of external layer of the vagina without the intent to
consanguinity enter the same cannot be construed as slight
penetration. Accused is only liable for
Old Anti-Rape Law vs. RA 8353 ATTEMPTED RAPE.
Old Anti-Rape Law RA 8553
Conviction does not require a medico-legal
Crime against chastity Crime against persons
finding of any penetration on the part of the
May be committed by Under the 2nd type, woman.
a man against a sexual assault may be
woman only committed by any FORCE, THREAT, OR INTIMIDATION
person against any Force employed against the victim of the rape
person need not be of such character as could be
PRIVATE CRIME May be prosecuted even resisted. When the offender has an ascendancy
Complaint must be if the woman does not or influence over the girl, it is not necessary that
filed by the woman or file a complaint she put up a determined resistance. A rape
264
victim does not have the burden of proving “Deprived of reason or unconscious” means
resistance. [People v. Metin (2003)] that the victim has no will to give consent
intelligently and freely. The inquiry should
It is not necessary that the force employed likewise determine whether the victim was fully
against the complaining woman in rape to be so informed of all considerations so as to make a
great or of such a character as could not be free and informed decision regarding the grant
resisted. It is sufficient that the force used is of consent.
sufficient to consummate the culprit’s purpose
of copulating with the offended woman. [People Whether the complaint stated that the victim
v. Savellano (1974)] was fast asleep or half-asleep or drowsy or
semi-conscious is not determinative of the
Intimidation must be viewed in light of the crime of rape. For he who lies with a woman
victim’s perception and judgment at the time of while the latter is in a state of being drowsy is
rape and not by any hard and fast rule. It is guilty of rape. Drowsiness is defined as the state
enough that it produces fear – fear that if the of being drowsy, i.e., ready to fall asleep or half-
victim does not yield to the bestial demands of asleep. [People v. Siarza]
the accused, something would happen to her at
the moment or thereafter, as when she is
threatened with death if she reports the incident. BY MEANS OF FRAUDULENT MACHINATION
[People v. Metin (2003)] OR GRAVE ABUSE OF AUTHORITY
Rape by means of fraudulent machinations and
The Supreme Court has ruled that the moral grave abuse of authority absorbs the crime of
ascendancy or influence exercised by the qualified and simple seduction.
accused over the victim substitutes for the
element of physical force or intimidation such STATUTORY RAPE
as those committed by: 1. Statutory rape is the rape of a woman who
(a) Fathers against their daughters (People v. is below 12 years of age. Here, the victim is
Bayona, 2000) conclusively presumed incapable of giving
(b) Stepfathers against their stepdaughters consent to sexual intercourse with another.
(People v. Vitor, 2002) [People v. Negosa (2003)]
(c) A godfather against his goddaughter 2. This is consummated when the victim is
(People v. Casil, 1995) below 12 yrs. old. Victim’s consent is
(d) Uncles against their nieces (People v. immaterial, and so is the offender’s
Betonio, 1997) knowledge of the victim’s age.
(e) The first cousin of the victim’s mother 3. Carnal knowledge of a child below 12 yrs.
(People v. Perez, 1999) old even if she is engaged in prostitution is
still considered statutory rape.
WHEN THE OFFENDED PARTY IS DEPRIVED OF
REASON OR IS OTHERWISE UNCONSCIOUS Special qualifying circumstances have to be
In one case, this was ruled to cover the rape of a alleged in the information for it to be
16-year old mental retardate with the appreciated. [People v. Gallo] In this case, Gallo
intellectual capacity of a 9-year-old, was found guilty of the crime of qualified rape
notwithstanding the victim’s actual age. with the penalty of death. The information filed
against him does not allege his relationship
with the victim, his daughter, thus, it CANNOT
265
be considered as a qualifying circumstance. An accused may be convicted of rape on the

The case was reopened and the judgment is sole testimony of the offended woman.
modified from death to reclusion perpetua.
When several persons conspired to rape a single
Since relationship qualifies the crime of rape, victim, each shall be liable for the rape
there must be clear proof of relationship. committed personally by him, as well as those
[People v. Berana] In this case, a 14-year old was committed by the others.
raped by her brother-in-law. To effectively
prosecute the accused for the crime of rape What Determines the Number of Times the
committed by a relative by affinity w/in the 3rd Victim was Raped?
civil degree, it must be established that: In one case, the accused ejaculated twice during
the accused is legally married to the victim’s the time that he consummated the rape. He did
sister; and not withdraw his penis to insert it again into the
the victim and the accused’s wife are full or vagina or to touch the labia majora and the
half-blood siblings. labia minora when he ejaculated the second
In this case, relationship was not adequately time. It is not the number of times that
substantiated. appellant ejaculated but the penetration or
‘touching’ that determines the consummation
of the sexual act. Thus appellant committed
only one count of rape. [People v. Ferrer; People v.
RAPE THROUGH SEXUAL ASSAULT Orilla]
The insertion of fingers constitutes
consummated rape through sexual assault Effect of Pardon
under RA 8353. The contact of the male’s penis (1) Subsequent valid marriage between the
with the woman’s vagina is referred to as ‘rape offender and the offended party shall
with sexual intercourse”, while the sexual abuse extinguish the criminal action or the
under par.2 of Art.266-A, RPC is categorized as penalty imposed but only as to the
“rape through sexual assault”. husband
(2) When the legal husband is the offender,
Insertion of penis into the mouth of a 10-year the subsequent forgiveness by the wife as
old boy is “Rape by Sexual Assault” punished the offended party shall extinguish the
under par.2, Article 266-A, RPC. [Ordinario v. criminal action or the penalty, provided
People] that their marriage is NOT VOID ab initio.
Evidence which may be accepted in the Rape with homicide is a special complex crime if
prosecution of rape: it is committed by reason or on the occasion of
Any physical overt act manifesting resistance the rape.
against the act of rape in any degree from the
offended party; or Rape may, likewise, be committed in a room
Where the offended party is so situated as to adjacent to where the victim's family is sleeping,
render him/her incapable of giving his consent or even in a room shared with other people.
There is no rule that rape can only be
Rape shield rule - means that the character of committed in seclusion. [People v. Glivano
the offended woman is immaterial in rape. (2008)]
266
The force, violence or intimidation in rape is a or threat of force, physical or other harm or
relative term, depending not only on the age, threat of physical or other harm, or
size, and strength of the parties but also on intimidation directed against the woman or
their relationship with each other. [People v. child. This shall include, but not limited to,
Tuazon (2007)] the following acts committed with the
purpose or effect of controlling or
SPECIAL LAWS restricting the woman's or her child's
RA 9262: ANTI-VIOLENCE AGAINST movement or conduct:
WOMEN AND THEIR CHILDREN ACT OF 1. Threatening to deprive or actually
depriving the woman or her child of
2004
custody to her/his family;
Violence against women and their children –
2. Depriving or threatening to deprive the
refers to any act or series of acts committed by
woman or her children of financial
any person against a women who is wife, former
support legally due her or her family,
wife, or against a woman with whom the person
or deliberately providing the woman's
has or had a sexual or dating relationship, or
children insufficient financial support;
with whom he has a common child, or against
3. Depriving or threatening to deprive the
her child whether legitimate or illegitimate,
woman or her child of a legal right;
within or without the family abode, which result
4. Preventing the woman in engaging in
in or is likely to result in physical, sexual,
any legitimate profession, occupation,
psychological harm or suffering, or economic
business or activity or controlling the
abuse including threats of such acts, battery,
victim's own money or properties, or
assault, coercion, harrasment or arbitrary
solely controlling the conjugal or
deprivation of liberty.
common money, or properties;
(6) Inflicting or threatening to inflict physical
Punishable Acts:
harm on oneself for the purpose of
Sec. 5. Acts of Violence Against Women and
controlling her actions or decisions;
Their Children - The crime of violence against
(7) Causing or attempting to cause the woman
women and their children is committed through
or her child to engage in any sexual activity
any of the following acts:
which does not constitute rape, by force or
(1) Causing physical harm to the woman or her
threat of force, physical harm, or through
child;
intimidation directed against the woman or
(2) Threatening to cause the woman or her
her child or her/his immediate family;
child physical harm;
(8) Engaging in purposeful, knowing, or
(3) Attempting to cause the woman or her
reckless conduct, personally or through
child physical harm;
another, that alarms or causes substantial
(4) Placing the woman or her child in fear of
emotional or psychological distress to the
imminent physical harm;
woman or her child. This shall include, but
(5) Attempting to compel or compelling the
not be limited to, the following acts:
woman or her child to engage in conduct
1. Stalking or following the woman or
which the woman or her child has the right
her child in public or private places;
to desist from or desist from conduct which
2. Peering in the window or lingering
the woman or her child has the right to
outside the residence of the woman or
engage in, or attempting to restrict or
her child;
restricting the woman's or her child's
freedom of movement or conduct by force
267
3. Entering or remaining in the dwelling ▪ As to form:

or on the property of the woman or her a. sexual intercourse or lascivious act
child against her/his will; including, but not limited to,
4. Destroying the property and personal contact involving genital to genital,
belongings or inflicting harm to oral to genital, anal to genital, or
animals or pets of the woman or her oral to anal, whether between
child; and persons of the same or opposite
5. Engaging in any form of harassment or sex;
violence; ▪ bestiality;
(9) Causing mental or emotional anguish, ▪ masturbation;
public ridicule or humiliation to the woman ▪ sadistic or masochistic abuse;
or her child, including, but not limited to,
▪ lascivious exhibition of the genitals,
repeated verbal and emotional abuse, and
buttocks, breasts, pubic area and/or
denial of financial support or custody of
anus; or
minor children of access to the woman's
▪ use of any object or instrument for
child/children.
lascivious acts
(d) "Internet address" refers to a website,
RA 9775: ANTI-CHILD PORNOGRAPHY
bulletin board service, internet chat room
ACT OF 2009 or news group, or any other internet or
Sec. 3. Definition of Terms. - shared network protocol address.
(a) "Child" refers to a person below eighteen (e) "Internet cafe or kiosk" refers to an
(18) years of age or over, but is unable to establishment that offers or proposes to
fully take care of himself/herself from offer services to the public for the use of its
abuse, neglect, cruelty, exploitation or computer/s or computer system for the
discrimination because of a physical or purpose of accessing the internet,
mental disability or condition. computer games or related services.
For the purpose of this Act, a child shall (f) "Internet content host" refers to a person
also refer to: who hosts or who proposes to host internet
▪ a person regardless of age who is content in the Philippines.
presented, depicted or portrayed as a (g) "Internet service provider (ISP)" refers to a
child as defined herein; and person or entity that supplies or proposes
▪ computer-generated, digitally or to supply, an internet carriage service to
manually crafted images or graphics the public.
of a person who is represented or who (h) "Grooming" refers to the act of preparing a
is made to appear to be a child as child or someone who the offender believes
defined herein. to be a child for sexual activity or sexual
(b) "Child pornography" refers to any relationship by communicating any form of
representation, whether visual, audio, or child pornography. It includes online
written combination thereof, by electronic, enticement or enticement through any
mechanical, digital, optical, magnetic or other means.
any other means, of child engaged or (i) "Luring" refers to the act of communicating,
involved in real or simulated explicit sexual by means of a computer system, with a
activities. child or someone who the offender believes
(c) "Explicit Sexual Activity" includes actual or to be a child for the purpose of facilitating
simulated – the commission of sexual activity or
268
production of any form of child knowingly permit the child to engage,

pornography. participate or assist in any form of child
(j) "Pandering" refers to the act of offering, pornography;
advertising, promoting, representing or (8) To engage in the luring or grooming of a
distributing through any means any child;
material or purported material that is (9) To engage in pandering of any form of child
intended to cause another to believe that pornography;
the material or purported material contains (10) To willfully access any form of child
any form of child pornography, regardless pornography;
of the actual content of the material or (11) To conspire to commit any of the prohibited
purported material. acts stated in this section. Conspiracy to
(k) "Person" refers to any natural or juridical commit any form of child pornography
entity. shall be committed when two (2) or more
persons come to an agreement concerning
Unlawful or Prohibited Acts the commission of any of the said
It shall be unlawful for any person: prohibited acts and decide to commit it;
(1) To hire, employ, use, persuade, induce or and
coerce a child to perform in the creation or (12) To possess any form of child pornography.
production of any form of child
pornography; Syndicated Child Pornography - The crime of
(2) To produce, direct, manufacture or create child pornography is deemed committed by a
any form of child pornography; syndicate if carried out by a group of three (3) or
(3) To publish offer, transmit, sell, distribute, more persons conspiring or confederating with
broadcast, advertise, promote, export or one another
import any form of child pornography;
(4) To possess any form of child pornography Who May File a Complaint.
with the intent to sell, distribute, publish, (1) Offended party;
or broadcast: Provided, That possession of (2) Parents or guardians;
three (3) or more articles of child (3) Ascendant or collateral relative within the
pornography of the same form shall be third degree of consanguinity;
prima facie evidence of the intent to sell, (4) Officer, social worker or representative of a
distribute, publish or broadcast; licensed child-caring institution;
(5) To knowingly, willfully and intentionally (5) Officer or social worker of the Department
provide a venue for the commission of of Social Welfare and Development
prohibited acts as, but not limited to, dens, (DSWD);
private rooms, cubicles, cinemas, houses or (6) Local social welfare development officer;
in establishments purporting to be a (7) Barangay chairman;
legitimate business; (8) Any law enforcement officer;
(6) For film distributors, theaters and (9) At least three (3) concerned responsible
telecommunication companies, by citizens residing in the place where the
themselves or in cooperation with other violation occurred; or
entities, to distribute any form of child (10) Any person who has personal knowledge of
pornography; the circumstances of the commission of any
(7) For a parent, legal guardian or person offense under this Act.
having custody or control of a child to
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RA 8049: ANTI-HAZING LAW employed by anybody during such initiation

Hazing rites.
(1) Definition
Section 1. Hazing, as used in this Act, is an Sec. 3. The head of the school or organization or
initiation rite or practice as a prerequisite for their representatives must assign at least two
admission into membership in a fraternity, (2) representatives of the school or organization,
sorority or organization by placing the recruit, as the case may be, to be present during the
neophyte or applicant in some embarrassing or initiation. It is the duty of such representative to
humiliating situations such as forcing him to do see to it that no physical harm of any kind shall
menial, silly, foolish and other similar tasks or be inflicted upon a recruit, neophyte or
activities or otherwise subjecting him to physical applicant.
or psychological suffering or injury.
(3) Who Are Liable / Punishable Acts
The term "organization" shall include any club Section 4. If the person subjected to hazing or
or the Armed Forces of the Philippines, other forms of initiation rites suffers any
Philippine National Police, Philippine Military physical injury or dies as a result thereof, the
Academy, or officer and cadet corp of the officers and members of the fraternity, sorority
Citizen's Military Training and Citizen's Army or organization who actually participated in the
Training. The physical, mental and infliction of physical harm shall be liable as
psychological testing and training procedure principals. The person or persons who
and practices to determine and enhance the participated in the hazing shall suffer the
physical, mental and psychological fitness of penalty of:
prospective regular members of the Armed  reclusion perpetua (life imprisonment) if
Forces of the Philippines and the Philippine death, rape, sodomy or mutilation results
National Police as approved by the Secretary of therefrom.
National Defense and the National Police  reclusion temporal in its maximum period if
Commission duly recommended by the Chief of in consequence of the hazing the victim
Staff, Armed Forces of the Philippines and the shall become insane, imbecile, impotent or
Director General of the Philippine National blind.
Police shall not be considered as hazing for the  reclusion temporal in its medium period if
purposes of this Act. in consequence of the hazing the victim
shall have lost the use of speech or the
(2) Allowed Initiation Rites power to hear or to smell, or shall have lost
Sec. 2. No hazing or initiation rites in any form an eye, a hand, a foot, an arm or a leg or
or manner by a fraternity, sorority or shall have lost the use of any such member
organization shall be allowed without prior shall have become incapacitated for the
written notice to the school authorities or head activity or work in which he was habitually
of organization seven (7) days before the engaged.
conduct of such initiation. The written notice  reclusion temporal in its minimum period if
shall indicate the period of the initiation in consequence of the hazing the victim
activities which shall not exceed three (3) days, shall become deformed or shall have lost
shall include the names of those to be subjected any other part of his body, or shall have lost
to such activities, and shall further contain an the use thereof, or shall have been ill or
undertaking that no physical violence be incapacitated for the performance on the
activity or work in which he was habitually
270
engaged for a period of more than ninety hazing will be committed on his person, is
(90) days. prevented from quitting;
 prision mayor in its maximum period if in (3) recruit, neophyte or applicant having
consequence of the hazing the victim shall undergone hazing is prevented from
have been ill or incapacitated for the reporting the unlawful act to his parents or
performance on the activity or work in guardians, to the proper school authorities,
which he was habitually engaged for a or to the police authorities, through force,
period of more than thirty (30) days. violence, threat or intimidation;
 prision mayor in its medium period if in (4) hazing is committed outside of the school
consequence of the hazing the victim shall or institution; or
have been ill or incapacitated for the (5) victim is below twelve (12) years of age at
performance on the activity or work in the time of the hazing.
which he was habitually engaged for a
period of ten (10) days or more, or that the The owner of the place where hazing is
injury sustained shall require medical conducted shall be liable as an accomplice,
assistance for the same period. when he has actual knowledge of the hazing
 prision mayor in its minimum period if in conducted therein but failed to take any action
consequence of the hazing the victim shall to prevent the same from occurring. If the
have been ill or incapacitated for the hazing is held in the home of one of the officers
performance on the activity or work in or members of the fraternity, group, or
which he was habitually engaged from one organization, the parents shall be held liable as
(1) to nine (9) days, or that the injury principals when they have actual knowledge of
sustained shall require medical assistance the hazing conducted therein but failed to take
for the same period. any action to prevent the same from occurring.
 prision correccional in its maximum period
if in consequence of the hazing the victim The school authorities including faculty
sustained physical injuries which do not members who consent to the hazing or who
prevent him from engaging in his habitual have actual knowledge thereof, but failed to
activity or work nor require medical take any action to prevent the same from
attendance. occurring shall be punished as accomplices for
the acts of hazing committed by the
The responsible officials of the school or of the perpetrators.
police, military or citizen's army training
organization, may impose the appropriate The officers, former officers, or alumni of the
administrative sanctions on the person or the organization, group, fraternity or sorority who
persons charged under this provision even actually planned the hazing although not
before their conviction. The maximum penalty present when the acts constituting the hazing
herein provided shall be imposed in any of the were committed shall be liable as principals. A
following instances: fraternity or sorority's adviser who is present
(1) recruitment is accompanied by force, when the acts constituting the hazing were
violence, threat, intimidation or deceit on committed and failed to take action to prevent
the person of the recruit who refuses to the same from occurring shall be liable as
join; principal.
(2) recruit, neophyte or applicant initially
consents to join but upon learning that
271
The presence of any person during the hazing is 1. Acting as a procurer of a child
prima facie evidence of participation therein as prostitute;
principal unless he prevented the commission of 2. Inducing a person to be a client of a
the acts punishable herein. child prostitute by means of written or
oral advertisements or other similar
Any person charged under this provision shall means;
not be entitled to the mitigating circumstance 3. Taking advantage of influence or
that there was no intention to commit so grave relationship to procure a child as
a wrong. prostitute;
4. Threatening or using violence towards a
This section shall apply to the president, child to engage him as a prostitute; or
manager, director or other responsible officer of 5. Giving monetary consideration goods or
a corporation engaged in hazing as a other pecuniary benefit to a child with
requirement for employment in the manner intent to engage such child in
provided herein. prostitution.
(2) Those who commit the act of sexual
RA 7610: SPECIAL PROTECTION OF intercourse of lascivious conduct with a
CHILDREN AGAINST CHILD ABUSE, child exploited in prostitution or subject to
EXPLOITATION AND DISCRIMINATION other sexual abuse; Provided, That when
ACT the victims is under twelve (12) years of age,
Coverage the perpetrators shall be prosecuted under
"Children" - person below 18 years of age or Article 335, paragraph 3, for rape and
those over but are unable to fully take care of Article 336 of Act No. 3815, as amended,
themselves or protect themselves from abuse, the Revised Penal Code, for rape or
neglect, cruelty, exploitation or discrimination lascivious conduct, as the case may be:
because of a physical or mental disability or Provided, That the penalty for lascivious
condition. conduct when the victim is under twelve
(12) years of age shall be reclusion
Child Prostitution/Punishable Acts temporal in its medium period; and
Section 5. Child Prostitution and Other Sexual (3) Those who derive profit or advantage
Abuse. – Children, whether male or female, who therefrom, whether as manager or owner of
for money, profit, or any other consideration or the establishment where the prostitution
due to the coercion or influence of any adult, takes place, or of the sauna, disco, bar,
syndicate or group, indulge in sexual resort, place of entertainment or
intercourse or lascivious conduct, are deemed to establishment serving as a cover or which
be children exploited in prostitution and other engages in prostitution in addition to the
sexual abuse. activity for which the license has been
issued to said establishment.
The penalty of reclusion temporal in its medium
period to reclusion perpetua shall be imposed Section 6. Attempt To Commit Child Prostitution.
upon the following: – There is an attempt to commit child
(1) Those who engage in or promote, facilitate prostitution under Section 5, paragraph (a)
or induce child prostitution which include, hereof when any person who, not being a
but are not limited to, the following: relative of a child, is found alone with the said
child inside the room or cubicle of a house, an
272
inn, hotel, motel, pension house, apartelle or (3) When a doctor, hospital or clinic official or
other similar establishments, vessel, vehicle or employee, nurse, midwife, local civil
any other hidden or secluded area under registrar or any other person simulates
circumstances which would lead a reasonable birth for the purpose of child trafficking; or
person to believe that the child is about to be (4) When a person engages in the act of
exploited in prostitution and other sexual abuse. finding children among low-income
families, hospitals, clinics, nurseries, day-
There is also an attempt to commit child care centers, or other child-caring
prostitution, under paragraph (b) of Section 5 institutions who can be offered for the
hereof when any person is receiving services purpose of child trafficking.
from a child in a sauna parlor or bath, massage
clinic, health club and other similar A penalty lower two (2) degrees than that
establishments. A penalty lower by two (2) prescribed for the consummated felony under
degrees than that prescribed for the Section 7 hereof shall be imposed upon the
consummated felony under Section 5 hereof principals of the attempt to commit child
shall be imposed upon the principals of the trafficking.
attempt to commit the crime of child
prostitution under this Act, or, in the proper RA 9344: JUVENILE JUSTICE AND
case, under the Revised Penal Code. WELFARE ACT (AS FURTHER AMENDED
BY THE RA 10630 / THE ACT
Child Trafficking/Punishable Acts STRENGTHENING THE JUVENILE JUSTICE
Section 7. Child Trafficking. – Any person who
SYSTEM IN THE PHILIPPINES)
shall engage in trading and dealing with
children including, but not limited to, the act of
"Child in Conflict with the Law" - a child who is
buying and selling of a child for money, or for
alleged as, accused of, or adjudged as, having
any other consideration, or barter, shall suffer
committed an offense under Philippine laws.
the penalty of reclusion temporal to reclusion
perpetua. The penalty shall be imposed in its
"Juvenile Justice and Welfare System” – refers to
maximum period when the victim is under
a system dealing with children at risk and
twelve (12) years of age.
children in conflict with the law, which provides
child-appropriate proceedings, including
Section 8. Attempt to Commit Child Trafficking. –
programs and services for prevention, diversion,
There is an attempt to commit child trafficking
rehabilitation, re-integration and aftercare to
under Section 7 of this Act:
ensure their normal growth and development.
(1) When a child travels alone to a foreign
country without valid reason therefor and
Punishable Acts
without clearance issued by the
SEC. 60. Prohibition Against Labeling and
Department of Social Welfare and
Shaming. - In the conduct of the proceedings
Development or written permit or
beginning from the initial contact with the child,
justification from the child's parents or
the competent authorities must refrain from
legal guardian;
branding or labeling children as young
(2) When a person, agency, establishment or
criminals, juvenile delinquents, prostitutes or
child-caring institution recruits women or
attaching to them in any manner any other
couples to bear children for the purpose of
derogatory names. Likewise, no discriminatory
child trafficking;
remarks and practices shall be allowed
273
particularly with respect to the child's class or PD 603: CHILD AND YOUTH WELFARE
ethnic origin. CODE
Punishable Acts
SEC. 61. Other Prohibited Acts. - The following Article 59. Crimes. - Criminal liability shall
and any other similar acts shall be considered attach to any parent who:
prejudicial and detrimental to the psychological,  Conceals or abandons the child with intent
emotional, social, spiritual, moral and physical to make such child lose his civil status.
health and well-being of the child in conflict  Abandons the child under such
with the law and therefore, prohibited: circumstances as to deprive him of the love,
(1) Employment of threats of whatever kind care and protection he needs.
and nature;
 Sells or abandons the child to another
(2) Employment of abusive, coercive and
person for valuable consideration.
punitive measures such as cursing, beating,
 Neglects the child by not giving him the
stripping, and solitary confinement;
education which the family's station in life
(3) Employment of degrading, inhuman end
and financial conditions permit.
cruel forms of punishment such as shaving
 Fails or refuses, without justifiable grounds,
the heads, pouring irritating, corrosive or
to enroll the child as required by Article 72.
harmful substances over the body of the
child in conflict with the law, or forcing  Causes, abates, or permits the truancy of
him/her to walk around the community the child from the school where he is
wearing signs which embarrass, humiliate, enrolled. "Truancy" as here used means
and degrade his/her personality and absence without cause for more than 20
dignity; and schooldays, not necessarily consecutive.
(4) Compelling the child to perform  It shall be the duty of the teacher in charge
involuntary servitude in any and all forms to report to the parents the absences of the
under any and all instances. child the moment these exceed 5
schooldays.
SEC. 62. Violation of the Provisions of this Act or  Improperly exploits the child by using him,
Rules or Regulations in General. - Any person directly or indirectly, such as for purposes
who violates any provision of this Act or any rule of begging and other acts which are
or regulation promulgated in accordance inimical to his interest and welfare.
thereof shall, upon conviction for each act or  Inflicts cruel and unusual punishment upon
omission, be punished by a fine of not less than the child or deliberately subjects him to
P20,000 but not more than P50,000 or suffer indignation and other excessive
imprisonment of 8-10 years, or both such fine chastisement that embarrass or humiliate
and imprisonment at the discretion of the court, him.
unless a higher penalty is provided for in the  Causes or encourages the child to lead an
RPC or special laws. If the offender is a public immoral or dissolute life.
officer or employee, he/she shall, in addition to  Permits the child to possess, handle or
such fine and/or imprisonment, be held carry a deadly weapon, regardless of its
administratively liable and shall suffer the ownership.
penalty of perpetual absolute disqualification.  Allows or requires the child to drive without
a license or with a license which the parent
knows to have been illegally procured. If
the vehicle driven by the child belongs to
274
the parent, it shall be presumed that he known as the Indeterminate Sentence Law, as
permitted or ordered the child to drive. amended.
"Parents" as here used shall include the Sec. 6 Accessory – Any person who, having
guardian and the head of the institution or knowledge of the commission of the crime of
foster home which has custody of the child. terrorism or conspiracy to commit terrorism,
and without having participated therein, either
RA 9372: HUMAN SECURITY ACT OF 2007 as principal or accomplice under Articles 17 and
Punishable Acts of Terrorism/Who are Liable 18 of the RPC, takes part subsequent to its
Sec. 3 Terrorism – Any person who commits an commission in any of the following manner: (a)
act punishable under any of the following by profiting himself or assisting the offender to
provisions of the RPC: profit by the effects of the crime; (b) by
(1) Art. 122 (Piracy in General and Mutiny in concealing or destroying the body of the crime,
the High Seas or in Philippine Waters); or the effects or instruments thereof, in order to
(2) Art. 134 (Rebellion or Insurrection); prevent discovery; (c) by harboring, concealing,
(3) Art. 143-A (Coup d’ Etat), including acts or assisting in the escape of the principal or
committed by private persons; conspirator of the crime, shall suffer the penalty
(4) Art. 248 (Murder); of ten (10) years and one day to twelve years of
(5) Art. 267 (Kidnapping and Serious Illegal imprisonment.
Detention); Notwithstanding the above paragraph, the
(6) Art. 324 (Crimes Involving Destruction); penalties prescribed for accessories shall not be
imposed upon those who are such with respect
or under these special laws: to their spouses, ascendants, descendants,
(1) PD 1613 (The Law on Arson); legitimate, natural and adopted brothers and
(2) RA 6969 (Toxic Substances and Hazardous sisters, or relatives by affinity within the same
and Nuclear Waste Control Act of 1990); degree, with the single exception of accessories
(3) RA 5207 (Atomic Energy Regulatory and falling within the provisions of subparagraph (a).
Liability Act of 1968);
(4) RA 6235 (Anti-Hijacking Law);
(5) PD 532 (Anti-Piracy and Anti-Highway
Title IX. Crimes against
Robbery Law of 1974) and, Personal Liberty and
(6) PD 1866, as amended (Decree Codifying
the Laws on Illegal and Unlawful Security
Possession, Manufacture, Dealing in,
Acquisition or Disposition of Firearms, Chapter I: Crimes against Liberty
Ammunitions or Explosives) (1) Article 267 - Kidnapping and Serious
Illegal Detention
thereby sowing and creating a condition of (2) Article 268 - Slight Illegal Detention
widespread and extraordinary fear and panic (3) Article 269 - Unlawful Arrest
among the populace, in order to coerce the (4) Article 270 - Kidnapping and Failure to
government to give in to an unlawful demand, Return a Minor
shall be guilty of the crime of terrorism and (5) Article 271 - Inducing a Minor to Abandon
shall suffer the penalty of forty (40) years of His Home
imprisonment, without the benefit of parole as (6) Article 272 – Slavery
provided for under Act No. 4103, otherwise (7) Article 273 - Exploitation of Child Labor
275
(8) Article 274 - Services Rendered Under (d) In the commission of the offense, any of the
Compulsion in Payment of Debt following circumstances is present:
(1) The kidnapping lasts for more than 3
Chapter II: Crimes against Security days;
(1) Article 275 - Abandonment of Persons in (2) It is committed simulating public
Danger and Abandonment of Own Victim authority;
(2) Article 276 - Abandoning a Minor (3) Any serious physical injuries are inflicted
(3) Article 277 - Abandonment of Minor by upon the person kidnapped or detained
Person Entrusted With Custody; or threats to kill him are made; or
Indifference of Parents (4) The person kidnapped or detained is a
(4) Article 278 - Exploitation of Minors minor, female, or a public officer.
(5) Article 280 - Qualified Trespass to
Dwelling The essential element of kidnapping is the
(6) Article 281 - Other Forms of Trespass deprivation of the offended party’s liberty under
(7) Article 282 - Grave Threats any of the four instances enumerated. But when
(8) Article 283 - Light Threats the kidnapping was committed for the purpose
(9) Article 284 - Bond for Good Behavior of extorting ransom, it is not necessary that one
(10) Article 285 - Other Light Threats or any of circumstances enumerated be present.
(11) Article 286 - Grave Coercions
(12) Article 287 - Light Coercions If kidnapping be committed under element d (2),
(13) Article 288 - Other Similar Coercions (3), or (4), it is not necessary that the
(14) Article 289 - Formation, Maintenance, and kidnapping last for more than 3 days.
Prohibition of Combination of Capital or
Labor through Violence or Threats
QUALIFYING CIRCUMSTANCES (penalty →
Chapter III: Discovery and Revelation of Secrets death)
(1) Article 290 - Discovering Secrets through (1) Purpose is to extort ransom.
Seizure of Correspondence (2) When the victim is killed or dies as a
(2) Article 291 - Revealing Secrets with Abuse consequence of the detention.
of Office (3) When the victim is raped.
(3) Article 292 - Revelation of Industrial (4) When victim is subjected to torture or
Secrets dehumanizing acts.
The offenders here are private individuals or

CHAPTER I CRIMES AGAINST LIBERTY
public officers acting in their private capacity. If
ARTICLE 267 - KIDNAPPING AND
they are public officers, they are covered by the
SERIOUS ILLEGAL DETENTION crimes under Title 2.
Elements:
(a) Offender is a private individual; When a public officer conspires with a private
(b) He kidnaps or detains another, or in any person in the commission of any of the crimes
other manner deprives the latter of his under Title IX, the crime is also one committed
liberty; under this title and not under Title II.
(c) The act of detention or kidnapping must be
illegal;
276
The purpose is immaterial when any of the but the victim is thereafter prevented, with the
circumstances in the first paragraph of Art. 267 use of force, from leaving the place where he
is present. was brought to with his consent and is detained
against his will, the offender is still guilty of
Ransom kidnapping and serious illegal detention.
Means money, price or consideration paid or [People v. Pickrell, 2003]
demanded for the redemption of a captured
person that would release him from captivity.
No specific form of ransom is required to When detention is illegal
consummate the felony as long as the ransom It is not ordered by competent authority nor
was intended as a bargaining chip in exchange permitted by law.
for the victim’s freedom. Whether or not ransom
is actually paid to or received by the perpetrator Special complex crime of Kidnapping with
is of no moment. [People v. Jatulan, 2007] Murder
When the victim dies or is killed as a
Actual demand for ransom is not necessary, as consequence of the detention, which is covered
long as it can be proven that the kidnapping by the last paragraph of Art. 267 as amended.
was done for the purpose of extorting money.
Forcible abduction
It is essential that there be actual confinement If a woman is transported from one place to
or restriction of the person of the offended party. another by virtue of restraining her of her liberty,
It is not necessary that the victim be placed in and that act is coupled with lewd designs.
an enclosure, as long as he is deprived, in any
manner, of his liberty. Serious illegal detention
If a woman is transported just to restrain her of
It suffices that there be actual or manifest her liberty. There is no lewd design or lewd
restraint on the person or liberty of the victim. intent.
Accused were guilty of kidnapping although the
victim was found, at the time of her rescue, Grave coercion
outside of the house where she was brought, If a woman is carried away just to break her will,
talking to the house owner who was the uncle of to compel her to agree to the demand or
the accused. Her failure to attempt to escape request by the offender.
was explained by her to be due to her fear and
threats of the accused to kill her should she do Illegal Detention Arbitrary Detention
so. In kidnapping, it is not necessary that the Committed by a Committed by public
offended party be kept within an enclosure to
private individual who officer or employee who
restrict her freedom of locomotion. [People v. unlawfully deprives a detains a person
Cortez, et al., 2000] person of his liberty without legal ground
The victim’s lack of consent is also a Crime against Crime against the
fundamental element of kidnapping and serious personal liberty fundamental laws of the
illegal detention. The involuntariness of the State
seizure and detention is the very essence of the
crime. Although the victim may have initially Where the evident purpose of taking the victim
consented to go with the offender to a place, was to kill him, and from the acts of the accused
277
it cannot be inferred that the latter’s purpose the felony. It is sufficient that the deprivation of
was to actually detain or deprive the victim of liberty was for extorting ransom even if none of
his liberty, the subsequent killing of the victim the four circumstances mentioned in Article 267
did not constitute the crime of kidnapping. The were present in its perpetration. [People v.
demand for ransom did not convert the crime Cenahonon (2007)]
into kidnapping, since no deprivation of liberty
was involved. [People v Padica (1993)] Article 267 has been modified by RA 7659 (an
act to impose the death penalty on certain
The essence of kidnapping is the actual heinous crimes, amending for that purpose the
deprivation of the victim’s liberty coupled with revised penal laws, as amended, other special
the intent of the accused to effect it. [People v penal laws, and for other purposes) in the
Luartes (1999)] following respects:
(1) Illegal detention becomes serious when it
Physical detention is not necessary. It is enough shall have lasted for more than three days,
that the victim is under the complete control of instead of five days as originally provided;
the perpetrators as in this case when the (2) In paragraph 4, if the person kidnapped or
Japanese victim had to rely on his abductors for detained was a minor and the offender
survival after he was tricked into believing that was anyone of the parents, the latter has
the police was after him. It was also held in this been expressly excluded from the
case that keeping a person as collateral for provision. The liability of the parent is
payment of an obligation is kidnapping. [People provided for in the last paragraph of
v. Tomio] Article 271;
(3) A paragraph was added to Article 267,
Leaving a child in a place from which he did not which states: When the victim is killed or
know the way home, even if he had the freedom dies as a consequence of the detention or is
to roam around the place of detention, would raped, or is subjected to torture, or
still amount to deprivation of liberty, for under dehumanizing acts, the maximum penalty
such a situation, the child’s freedom remains at shall be imposed.
the mercy and control of the abductor. [People v (4) The amendment introduced in our criminal
Baluya, 2011] statutes the concept of "special complex
crime" of kidnapping with murder or
homicide.
The elements of kidnapping for ransom under (5) It eliminated the distinction drawn by the
Article 267 of the RPC as amended by RA 7659 courts between those cases where the
warranting the imposition of the death penalty are killing of the kidnapped victim was
as follows: purposely sought by the accused, and
(1) intent on the part of the accused to deprive those where the killing of the victim was
the victim of his liberty; not deliberately resorted to but was merely
(2) actual deprivation of the victim of his an afterthought.
liberty; and (6) Although the victim was raped 27 times,
(3) motive of the accused, which is extorting there is only one crime of kidnapping with
ransom for the release of the victim. rape, not kidnapping with rape and 26
separate counts of rape. In a way, R.A.
Neither actual demand for nor payment of 7659 depreciated the seriousness of rape
ransom is necessary for the consummation of because no matter how many times the
278
victim was raped, like in the present case, This felony is committed if any of the five
there is only one crime committed – the circumstances in the commission of kidnapping
special complex crime of kidnapping with or detention enumerated in Article 267 is not
rape. [People v Felipe Mirandilla, 2011] present.
Privileged mitigating circumstances

Kidnapping with Forcible Abduction with
– The penalty is lowered if:
Rape Rape
(1) The offended party is voluntarily released
Lewd design came At the outset, there is within three days from the start of illegal
after the intent to already lewd design detention;
kidnap the victim (2) Without attaining the intended purpose;
AND
It is a special It is a complex crime
(3) Before the institution of the criminal action.
complex crime. under RPC 48 since
forcible abduction is a
The prevailing rule now is Asistio v. Judge, which
necessary means of
provides that voluntary release will only
committing the crime of
mitigate criminal liability if crime was slight
rape.
illegal detention. If serious, it has no effect.
It there is an If there is an attempted
attempted rape, it rape, the crime The liability of one who furnishes the place
shall be considered committed is only where the offended party is being held captive is
as a separate crime. forcible abduction, the that of a principal and not of an accomplice.
former being an
expression of a lewd ARTICLE 269 - UNLAWFUL ARREST
design.
Elements
If there are multiple If there are multiple
(a) Offender arrests or detains another
rapes, there is only rapes, only one is
person;
one special complex complexed with forcible
(b) The purpose of the offender is to deliver
crime of Kidnapping abduction and the rest
him to the proper authorities;
with Rape. shall be considered as
(c) The arrest or detention is not authorized
separate crimes.
by law or there is no reasonable ground
therefor.
ARTICLE 268 - SLIGHT ILLEGAL
DETENTION This felony consists in making an arrest or
detention without legal or reasonable ground
Elements:
for the purpose of delivering the offended party
(a) Offender is a private individual;
to the proper authorities.
(b) He kidnaps or detains another, or in any
other manner deprives him of his liberty.
Generally, this crime is committed by
(c) The act of kidnapping or detention is
incriminating innocent persons by the offender’s
illegal;
planting evidence to justify the arrest – a
(d) The crime is committed without the
complex crime results, that is, unlawful arrest
attendance of any of the circumstances
through incriminatory machinations under
enumerated in Article 267.
Article 363.
279
If the arrest is made without a warrant and If any of the foregoing elements is absent, the
under circumstances not allowing a warrantless kidnapping of the minor will then fall under
arrest, the crime would be unlawful arrest. Article 267.
If the person arrested is not delivered to the The essential element which qualifies the crime
authorities, the private individual making the of kidnapping a minor under Art. 270 is that the
arrest incurs criminal liability for illegal offender is entrusted with the custody of the
detention under Article 267 or 268. minor.
If the offender is a public officer, the crime is If the accused is any of the parents, Article 267
arbitrary detention under Article 124. does not apply; Articles 270 and 271 will then
apply.
If the detention or arrest is for a legal ground,
but the public officer delays delivery of the If the taking is with the consent of the parents,
person arrested to the proper judicial the crime in Article 270 is committed.
authorities, then Article 125 will apply.
What is punished is the deliberate failure of the
Note: This felony may also be committed by custodian of the minor to restore the latter to
public officers. his parents or guardians.
The deliberate failure to return a minor under

Unlawful Arrest vs. Delay in the Delivery of one’s custody constitutes deprivation of liberty.
Detained Persons Kidnapping and failure to return a minor is
DELAY IN THE DELIVERY UNLAWFUL necessarily included in kidnapping and serious
OF DETAINED PERSONS ARREST (Art. 269) illegal detention of a minor under Article 267(4).
(Art. 125) [People v. Generosa]
Detention is for some legal Detention is not
ground. authorized by law. Where a minor child was taken by the accused
without the knowledge and consent of his
Crime is committed by Committed by parents, the crime is kidnapping and serious
failing to deliver such making an arrest illegal detention under Article 267, not
person to the proper not authorized by kidnapping and failure to return a minor under
judicial authority within a law Article 270. [People v. Mendoza]
certain period.
Art. 270 distinguished from Art. 267

ARTICLE 270 - KIDNAPPING AND
FAILURE TO RETURN A MINOR Art. 270 Art. 267
Offender is The offender is not
Elements:
entrusted with the entrusted with the custody
(a) Offender is entrusted with the custody of a
custody of the of the minor.
minor person (whether over or under seven
minor
years but less than 18 years of age)
(b) He deliberately fails to restore the said What is punished is What is punished is the
minor to his parents or guardians the illegal deliberate failure of the
280
detaining or offender having custody of

kidnapping of the the minor to restore him to The penalty is increased if the purpose of the
minor his parents or guardians offender is to assign the offended party to some
immoral traffic.
ARTICLE 271 - INDUCING A MINOR TO If the purpose of the kidnapping or detention is

ABANDON HIS HOME to enslave the offended party, slavery is
Elements: committed.
(a) A minor (whether over or under seven
years of age) is living in the home of his The crime is slavery if the offender is not
parents or guardians or the person engaged in the business of prostitution. If he is,
entrusted with his custody; the crime is white slave trade under Article 341.
(b) Offender induces said minor to abandon
such home. The employment or custody of a minor with the
consent of the parent or guardian, although
Inducement must be (a) actual, and (b) against the child’s own will, cannot be
committed with criminal intent. considered involuntary servitude.
The minor should not leave his home of his own But where it is proven that the defendant was
free will. What constitutes the crime is the act of obliged to render service in plaintiff’s house as a
inducing a minor to abandon the home of his servant without remuneration whatever and to
guardian, and it is not necessary that the minor remain there so long as she has not paid her
actually abandons the home. debt, there is slavery.
Father or mother may commit the crimes in Art. See Special Law: RA 9208 (Anti-Trafficking of
170 and 171 where they are living separately and Person Act of 2003)
the custody of the minor children is given to one
of them. ARTICLE 273 - EXPLOITATION OF CHILD
LABOR
The law is intended to discourage and prevent
disruption of filial relationships and undue Elements:
interference with the parents’ right and duty to (a) Offender retains a minor in his services;
the custody of their minor children and to rear (b) It is against the will of the minor;
them. (c) It is under the pretext of reimbursing
himself of a debt incurred by an ascendant,
ARTICLE 272 - SLAVERY guardian or person entrusted with the
custody of such minor.
Elements:
(a) Offender purchases, sells, kidnaps or The existence of indebtedness constitutes no
detains a human being; legal justification for holding a person and
(b) The purpose of the offender is to enslave depriving him of his freedom to live where he
such human being. wills.
This is committed if anyone shall purchase,

kidnap, or detain a human being for the
purpose of enslaving him.
281
ARTICLE 274 - SERVICES RENDERED himself, unless such omission shall constitute a
UNDER COMPULSION IN PAYMENT OF more serious offense.
DEBT
Elements:
Elements: (1) The place is not inhabited;
(a) Offender compels a debtor to work for him, (2) Accused found there a person wounded or
either as a household servant or farm in danger of dying;
laborer; (3) Accused can render assistance without
(b) It is against the debtor’s will; detriment to himself;
(c) The purpose is to require or enforce the (4) Accused fails to render assistance.
payment of a debt.
MODE 2: accidentally wound another
Service under Compulsion distinguished from
Failing to help or render assistance to another
Exploitation of Child Labor
whom the offender has accidentally wounded or
Service under Exploitation of Child injured;
Compulsion Labor
Does not distinguish Victim must be a minor MODE 3: abandoning a child < 7
whether or not the By failing to deliver a child, under seven years of
victim is a minor age, whom the offender has found abandoned,
to the authorities or to his family, or by failing to
The debtor himself The minor is compelled deliver him to a safe place.
is the one to render services for the
compelled to work supposed debt of his Does not apply: When a person intentionally
for the offender parents or guardian wounds another and leaves him in an
uninhabited place.
Limited to Service is not limited
household work or Immaterial: That the offender did not know that
farm labor the child is under seven years.
The child under seven years of age must be

CHAPTER II: CRIMES AGAINST
found by the accused in an unsafe place.
SECURITY
ARTICLE 276 - ABANDONING A MINOR
ARTICLE 275 - ABANDONMENT OF
PERSONS IN DANGER AND Elements:
ABANDONMENT OF OWN VICTIM (a) Offender has the custody of a child;
(b) The child is under seven years of age;
(c) He abandons such child;
Mode 1: W/O detriment to self (d) He has no intent to kill the child when the
Failing to render assistance to any person latter is abandoned.
whom the offender finds in an uninhabited
place, wounded or in danger of dying when he
can render such assistance without detriment to
282
Circumstance (b) He delivers said minor to a public

institution or other persons;
s qualifying the offense: (c) The one who entrusted such child to the
(1) When the death of the minor resulted from offender has not consented to such act; or
such abandonment; or if the one who entrusted such child to the
(2) If the life of the minor was in danger offender is absent, the proper authorities
because of the abandonment. have not consented to it.
The purpose in abandoning the minor under his MODE 2: neglecting education
custody is to avoid the obligation of taking care Neglecting his (offender’s) children by not
of said minor. giving them the education which their station in
life requires and financial condition permits.
A permanent, conscious and deliberate
abandonment is required in this article. There Elements:
must be an interruption of the care and (a) Offender is a parent;
protection the minor needs by reason of his age. (b) He neglects his children by not giving
them education;
Intent to kill cannot be presumed from the (c) His station in life requires such education
death of the child. When there is intent to kill, and his financial condition permits it.
this article does not apply.
Obligation to educate children terminates if the
The ruling that the intent to kill is presumed mother and children refuse without good reason
from the death of the victim of the crime is to live with the accused.
applicable only to crimes against persons, and
not to crimes against security, particularly the Failure to give education must be due to
crime of abandoning a minor under Art. 276. deliberate desire to evade such obligation. If the
parents cannot give education because they had
If the offender is the parent of the minor who is no means to do so, then they will not be liable
abandoned, he shall be deprived of parental under this article.
authority. (Civil Code, Art. 332)
ARTICLE 278 - EXPLOITATION OF
ARTICLE 277 - ABANDONMENT OF MINORS
MINOR BY PERSON ENTRUSTED WITH
Mode 1: Physical strength/contortion
CUSTODY; INDIFFERENCE OF PARENTS Causing any boy or girl under 16 years of age to
MODE 1: W/O consent of guardian perform any dangerous feat of balancing,
physical strength or contortion, the offender
Delivering a minor to a public institution or
being any person;
other persons without the consent of the one
who entrusted such minor to the care of the Mode 2: exhibition/acrobat/circus
offender or, in the absence of that one, without Employing children under 16 years of age who
the consent of the proper authorities; are not the children or descendants of the
Elements: offender in exhibitions of acrobat, gymnast,
(a) Offender has charge of the rearing or rope-walker, diver, or wild-animal tamer, the
education of a minor; offender being an acrobat, etc., or circus
manager or engaged in a similar calling;
283
Mode 3: descendant employed like 2

Employing any descendant under 12 years of Age: Must be below 16 years. Article 278 has no
age in dangerous exhibitions enumerated in the application if minor is 16 years old and above,
next preceding paragraph, the offender being but the exploitation will be dealt with by RA
engaged in any of the said callings; 7610.
If the employer is an ascendant, the crime is not

Mode 4: delivering child under 16 to be employed committed, unless the minor is less than 12
like 2 years old.
Delivering a child under 16 years of age
gratuitously to any person following any of the If the minor so employed would suffer some
callings enumerated in mode 2, or to any injuries as a result of a violation of Article 278,
habitual vagrant or beggar, the offender being Article 279 provides that there would be
an ascendant, guardian, teacher or person additional criminal liability for the resulting
entrusted in any capacity with the care of such felony.
child;
EXPLOITATION OF MINORS INDUCING A

Mode 5: inducing child under 16 to abandon home (RPC 278, PAR. 5) MINOR TO
to be employed like 2 ABANDON HIS
Inducing any child under 16 years of age to HOME (RPC 271)
abandon the home of its ascendants, guardians, Purpose of inducing the No such purpose
curators or teachers to follow any person minor to abandon his home
engaged in any of the callings mentioned in is to follow any person
paragraph 2 or to accompany any habitual engaged in any of the
vagrant or beggar, the offender being any callings mentioned
person.
Victim is under 16 years of Victim is a minor
age (below 18 years
Circumstance qualifying the offense: of age)
(1) If the delivery of the child to any person
following any of the calling of acrobat,
gymnast, rope-walker, diver, wild-animal
tamer or circus manager or to any habitual
DWELLING
vagrant or beggar is made in consideration
of any price, compensation or promise. Elements
(2) The offender is engaged in a kind of (a) Offender is a private person;
business that would place the life or limb (b) He enters the dwelling of another;
of the minor in danger, even though (c) Such entrance is against the latter’s will.
working for him is not against the will of
the minor.
Qualifying circumstance:
Nature of the Business: this involves circuses The offense is committed by means of violence
which generally attract children so they or intimidation.
themselves may enjoy working there unaware of
the danger to their own lives and limbs.
284
DWELLING – This is the place that a person time and not necessarily at the time of the
inhabits. It includes the dependencies which entrance.
have interior communication with the house.
To prove that an entry is against the will of the
It is not necessary that it be the permanent occupant, it is not necessary that the entry
dwelling of the person; hence, a person’s room should be preceded by an express prohibition,
in a hotel may be considered a dwelling. It also provided that the opposition of the occupant is
includes a room where one resides as a boarder. clearly established by the circumstances under
which the entry is made, such as the existence
If the purpose in entering the dwelling is not of enmity or strained relations between the
shown, trespass is committed. If the purpose is accused and the occupant.
shown, it may be absorbed in the crime as in
robbery with force upon things, the trespass If the offender is public officer, the crime is
yielding to the more serious crime. violation of domicile.
If the purpose is not shown and while inside the

dwelling he was found by the occupants, one Examples of trespass by means of violence:
whom he subsequently injured if there was a (1) Pushing the door violently and maltreating
struggle, the crime committed will be trespass the occupants after entering.
to dwelling and frustrated homicide or physical (2) Cutting of a ribbon or string with which the
injuries, or if there was no injury, unjust vexation. door latch of a closed room was fastened.
The cutting of the fastenings of the door
If the entry is made by a way not intended for was an act of violence.
entry, it is presumed to be against the will of the (3) Wounding by means of a bolo, the owner
occupant (example, entry through a window). of the house immediately after entrance
It is not necessary that there be a breaking.

Examples of trespass by means of intimidation:
(1) Firing a revolver in the air by persons
“Against the will” – This means that the
attempting to force their way into a house.
entrance is, either expressly or impliedly,
(2) The flourishing of a bolo against inmates
prohibited or the prohibition is presumed.
of the house upon gaining an entrance
It is a well-settled rule that whoever enters the

In the prosecution for trespass, the material fact
dwelling of another at late hour of the night
or circumstance to be considered is the
after the inmates have retired and closed their
occurrence of the trespass. The gravamen of the
doors does so against their will. Prohibition is
crime is violation of possession or the fact of
presumed. [US v Mesina; US v Panes]
having caused injury to the right of the
possession. [Marzalado v. People]
Prohibition must be in existence prior to or at
the time of entrance, but prohibition is not
If a person was killed after trespass by the
necessary when violence or intimidation is
offender, the following crimes are committed:
employed by the offender (qualified trespass).
o If there was no intent to kill when he
entered – separate crimes of homicide or
Fraudulent entrance may constitute trespass.
murder qualified by trespass to dwelling
The prohibition to enter may be made at any
285
o If there was intent to kill when he entered Qualified Trespass vs. Other Forms of Trespass
– the crime of homicide/murder with QUALIFIED
dwelling as an aggravating circumstance OTHER FORMS OF
TRESPASS TO
TRESPASS
DWELLING
Trespass may be committed by the owner of a (ART. 281)
(ART. 280)
dwelling (i.e. lessor enters the house leased to
another against the latter’s will). Offender is a private The offender is any person
person
Cases to which the provision of this article is Offender enters a Offender enters closed
NOT applicable: dwelling premises or fenced estate
(1) If the entrance to another’s dwelling is
Place entered is Place entered is
made for the purpose of preventing some
inhabited uninhabited
serious harm to himself, the occupants of
the dwelling, or a third person. Act constituting the It is the entering the
(2) If the purpose is to render some service to crime is entering the closed premises or the
humanity or justice. dwelling against the fenced estate without
(3) If the place where entrance is made is a will of the owner securing the permission of
café, tavern, inn, and other public house, the owner or caretaker
while the same are open. thereof
Prohibition to enter Prohibition to enter must
Note: A person who believes that a crime has is express or implied be manifest
been committed against him has every right to
go after the culprit and arrest him without any
warrant even if in the process he enters the ARTICLE 282 - GRAVE THREATS
house of another against the latter’s will. [Sec. 6,
Mode 1: threatening, even not unlawful
Rule 113, Rules of Court]
Threatening another with the infliction upon his
person, honor or property or that of this family
ARTICLE 281 - OTHER FORMS OF of any wrong amounting to a crime and
TRESPASS demanding money or imposing any other
condition, even though not unlawful, and the
Elements:
offender attained his purpose;
(a) Offender enters the closed premises or the
fenced estate of another; Elements:
(b) The entrance is made while either of them (a) Offender threatens another person with
is uninhabited; the infliction upon the latter’s person,
(c) The prohibition to enter is manifest; honor or property, or upon that of the
(d) The trespasser has not secured the latter’s family, of any wrong.
permission of the owner or the caretaker (b) Such wrong amounts to a crime.
thereof. (c) There is a demand for money or that any
other condition is imposed, even though
Premises – signifies distinct and definite locality. not unlawful.
It may mean a room, shop, building or definite (d) Offender attains his purpose.
area, but in either case, locality is fixed.
286
Mode 2: threat w/o attaining purpose spot, the crime may be robbery with
Making such threat without the offender intimidation.
attaining his purpose;
The penalties for the first two types of grave
threats depend upon the penalties for the
Mode 3: threat = crime crimes threatened to be committed. One degree
Threatening another with the infliction upon his lower if the purpose is attained, and two
person, honor or property or that of his family of degrees lower if the purpose is not attained.
any wrong amounting to a crime, the threat not
being subject to a condition. If the threat is not subject to a condition, the
penalty is fixed at arresto mayor and a fine not
Elements:
exceeding 500 pesos.
(a) Offender threatens another person with
the infliction upon the latter’s person,
In the first two types, if the threat is made in
honor or property, or upon that of the
writing or through a middleman, the penalty is
latter’s family, of any wrong.
to be imposed in its maximum period.
(b) Such wrong amounts to a crime.
(c) Threat is not subject to a condition.
The third type of grave threats must be serious
and deliberate; the offender must persist in the
Qualifying Circumstance: idea involved in his threats. The threat should
If threat was made not be made in the heat of anger, because such
(1) in writing OR is punished under Article 285. If the condition is
(2) through a middleman. not proved, it is grave threats of the third type.
It is essential that there be intimidation. ARTICLE 283 - LIGHT THREATS
As the crime consists in threatening another Elements:

with some future harm, it is not necessary that (a) Offender makes a threat to commit a
the offended party was present at the time the wrong;
threats were made. It is sufficient that the (b) The wrong does not constitute a crime;
threats came to the knowledge of the offended (c) There is a demand for money or that other
party. condition is imposed, even though not
unlawful;
When consummated: As soon as the threats (d) Offender has attained his purpose or, that
came to the knowledge of the offended party. he has not attained his purpose.
Threats made in connection with the The harm threatened must not be in the nature
commission of other crimes are absorbed by the of crime and there is a demand for money or any
latter. other condition is imposed, even though lawful.
The offender in grave threats does not demand Blackmailing may be punished under this article.
the delivery on the spot of the money or other
personal property demanded by him. When
threats are made and money is taken on the
287
GRAVE THREATS LIGHT THREATS Mode 2: oral threat = crime, in anger

Orally threatening another, in the heat of anger,
Act threatened Act threatened does not with some harm constituting a crime, without
amounts to a crime amount to a crime persisting in the idea involved in his threat;
ARTICLE 284 - BOND FOR GOOD

Mode 3: oral threat = not felony
BEHAVIOR
Orally threatening to do another any harm not
When a person is required to give bail bond: constituting a felony.
(1) When he threatens another under the
circumstances mentioned in Art. 282 Under the first type, the subsequent acts of the
(Grave Threats). offender must show that he did not persist in
(2) When he threatens another under the the idea involved in the threat.
circumstances mentioned in Art. 283
(Light Threats). Threats which are ordinarily grave threats, if
made in the heat of anger, may be other light
threats.
Bond for Good Behavior distinguished from Bond
to Keep the Peace If the threats are directed to a person who is
absent and uttered in a temporary fit of anger,
Bond for Good Bond to Keep the Peace the offense is only other light threats.
Behavior
Applicable only Not made applicable to any OTHER LIGHT GRAVE THREATS AND LIGHT
to grave threats particular case THREATS THREATS
and light threats No demand for In certain cases, demand for
If offender fails If the offender fails to give money money is material
to give bail, he bond, he shall be detained for No condition In certain cases, imposed
shall be a period not exceeding 6 imposed condition is material.
sentenced to months (if prosecuted for
destierro grave/less grave felony) or
Threat is not Threat is deliberate
not exceeding 30 days (light
deliberate
felony)
NOT a distinct A distinct penalty
ARTICLE 286 - GRAVE COERCIONS
penalty
Mode 1: preventing w/violence, something not
ARTICLE 285 – OTHER LIGHT THREATS prohibited by law
Preventing another, by means of violence,
threats or intimidation, from doing something
Mode 1: threat w/weapon in a quarrel not prohibited by law;
Threatening another with a weapon, or by
drawing such weapon in a quarrel, unless it be
in lawful self-defense;
288
Mode 2: compelling another to do something vs.

will In case of grave coercion where the offended
Compelling another, by means of violence, party is being compelled to do something
threats or intimidation, to do something against against his will, whether it be wrong or not, the
his will, whether it be right or wrong. crime of grave coercion is committed if violence
or intimidation is employed in order to compel
Elements: him to do the act.
(a) A person prevented another from doing
something not prohibited by law, or that A public officer who shall prevent by means of
he compelled him to do something against violence or threats the ceremonies or
his will; be it right or wrong; manifestations of any religion is guilty of
(b) The prevention or compulsion be effected interruption of religious worship (Art. 132).
by violence, threats or intimidation; and
(c) The person that restrained the will and Any person who, by force, prevents the meeting
liberty of another had not the authority of of a legislative body is liable under Art. 143.
law or the right to do so, or in other words,
that the restraint shall not be made under Any person who shall use force or intimidation
authority of law or in the exercise of any to prevent any member of Congress from
lawful right. attending the meetings thereof, expressing his
opinions, or casting his vote is liable under Art.
145.
Two ways of committing Grave Coercion:
(1) Preventive – Preventing another, by means
The crime is not grave coercion when the
of violence, threats, or intimidation, from
violence is employed to seize anything
doing something not prohibited by law
belonging to the debtor of the offender. It is
(2) Compulsive – Compelling another, by
light coercion under Art. 287.
means of violence, threats, or intimidation,
to do something against his will, whether
Coercion is consummated even if the offended
it be right or wrong
party did not accede to the purpose of coercion.
Purpose of the Law: The owner of a thing has no right to prohibit the
To enforce the principle that no person may interference of another with the same, if the
take the law into his hands, and that our interference is necessary to avert an imminent
government is one of law, not of men. danger and the threatened damage, compared
to the damage arising to the owner from the
Arises only if the act which the offender interference, is much greater. (Art. 432, Civil
prevented another to do is not prohibited by law Code)
or ordinance.
Neither the crime of threats nor coercion is
If a person prohibits another to do an act committed although the accused, a branch
because the act is a crime, even though some manager of a bank made the complainant sign
sort of violence or intimidation is employed, it a withdrawal slip for the amount needed to pay
would not give rise to grave coercion. It may the spurious dollar check she had encashed,
only give rise to threat or physical injuries, if and also made her execute an affidavit
some injuries are inflicted. regarding the return of the amount against her
289
better sense and judgment. The complainant victim or his family

may have acted reluctantly and with hesitation,
but still, it was voluntary. [Lee v. CA]
ARTICLE 288 - OTHER SIMILAR
ARTICLE 287 - LIGHT COERCIONS COERCIONS
Elements: Mode 1: force/compel to buy commodities from

(a) Offender must be a creditor; him
(b) He seizes anything belonging to his Forcing or compelling, directly or indirectly, or
debtor: knowingly permitting the forcing or compelling
(c) The seizure of the thing be accomplished of the laborer or employee of the offender to
by means of violence or a display of purchase merchandise of commodities of any
kind from him;
material force producing intimidation;
(d) The purpose of the offender is to apply the Elements:
same to the payment of the debt. (a) Offender is any person, agent or officer of
any association or corporation;
Deals with light coercions wherein violence is (b) He or such firm or corporation has
employed by the offender who is a creditor in employed laborers or employees;
seizing anything belonging to his debtor for the (c) He forces or compels, directly or indirectly,
purpose of applying the same to the payment of or knowingly permits to be forced or
the debt. compelled, any of his or its laborers or
employees to purchase merchandise or
Unjust Vexation commodities of any kind from him or from
said firm or corporation.
Any act committed without violence, but which
unjustifiably annoys or vexes an innocent
person amounts to light coercion. It should Mode 2: wages paid by token or obj
include any human conduct which, although not Paying the wages due his laborer or employee
productive of some physical or material harm by means of tokens or object other than the
would, however, unjustifiably annoy or vex an legal tender currency of the Philippines, unless
innocent person. expressly requested by such laborer or
employee.
Unjust Vexation is distinguished from grave
coercion by the absence of violence. Elements:
(a) Offender pays the wages due a laborer or
THREATS COERCION employee employed by him by means of
tokens or object;
Intimidation is Intimidation or violence (b) Those tokens or objects are other than the
essential is the essence of the legal tender currency of the Philippines;
crime (c) Such employee or laborer does not
Intimidation is future Force or violence must expressly request that he be paid by
and conditional be imminent, actual, means of tokens or objects.
and immediate
General rule: wages shall be paid in legal tender
Intimidation is Intimidation is directed
and the use of tokens, promissory notes,
directed against the against the victim only
vouchers, coupons or any other forms alleged to
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represent legal tender is absolutely prohibited (d) Offender is informed of the contents of the
even when expressly requested by the employee. papers or letters seized.
(Section 1, Rule VIII, Book III, Omnibus Rules
Implementing the Labor Code) This is a crime against the security of one’s
papers and effects. The purpose must be to
No employer shall limit or otherwise interfere discover its effects. The act violates the privacy
with the freedom of any employee to dispose of of communication.
his wages. He shall not in any manner force,
compel, oblige his employees to purchase According to Dean Ortega, it is not necessary
merchandise, commodities or other property that the offender should actually discover the
from the employer or from any other person. contents of the letter. Reyes, citing People v.
(Art. 112, Labor Code.) Singh, CA, 40 OG, Suppl. 5, 35, believes
otherwise.
ARTICLE 289 - FORMATION,
MAINTENANCE, AND PROHIBITION OF The last paragraph of Article 290 expressly
COMBINATION OF CAPITAL OR LABOR makes the provision of the first and second
THROUGH VIOLENCE OR THREATS paragraph thereof inapplicable to parents,
guardians, or persons entrusted with the
Elements: custody of minors placed under their care or
(a) Offender employs violence or threats, in custody, and to the spouses with respect to the
such a degree as to compel or force the papers or letters of either of them.
laborers or employers in the free and legal
exercise of their industry or work; The teachers or other persons entrusted with
(b) The purpose is to organize, maintain or the care and education of minors are included in
prevent coalitions of capital or labor, strike the exceptions.
of laborers or lockout of employers.
Distinction from estafa, damage to property,
and unjust vexation:
Repealed by the Labor Code. (1) If the act had been executed with intent to
gain, it would be estafa;
CHAPTER III: DISCOVERY AND (2) If, on the other hand, the purpose was not
REVELATION OF SECRETS to defraud, but only to cause damage to
another, it would merit the qualification of
ARTICLE 290 - DISCOVERING SECRETS damage to property;
THROUGH SEIZURE OF (3) If the intention was merely to cause
vexation preventing another to do
CORRESPONDENCE
something which the law does not prohibit
Elements: or compel him to execute what he does not
(a) Offender is a private individual or even a want, the act should be considered as
public officer not in the exercise of his unjust vexation.
official function;
(b) He seizes the papers or letters of another;
(c) The purpose is to discover the secrets of
such another person;
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ARTICLE 291 - REVEALING SECRETS WITH The revelation of the secret might be made after
ABUSE OF OFFICE the employee or workman had ceased to be
connected with the establishment.
Elements:
(a) Offender is a manager, employee or Prejudice is an element of the offense.
servant;
(b) He learns the secrets of his principal or SPECIAL LAWS
master in such capacity; RA 4200 (ANTI WIRE TAPPING ACT)
(c) He reveals such secrets.
Punishable Acts
An employee, manager, or servant who came to It shall be unlawful for:
know of the secret of his master or principal in (1) Any person, not being authorized by all the
such capacity and reveals the same shall also parties to any private communication or
be liable regardless of whether or not the spoken word, to tap any wire or cable, or
principal or master suffered damages. by using any other device or arrangement,
to secretly overhear, intercept, or record
Essence of this crime is that the offender such communication or spoken word by
learned of the secret in the course of his using a device commonly known as a
employment. dictaphone or dictagraph or dictaphone or
walkie-talkie or tape recorder, or however
He is enjoying a confidential relation with the otherwise described:
employer or master so he should respect the (2) Any person, be he a participant or not in
privacy of matters personal to the latter. the act or acts penalized in the next
preceding sentence, to knowingly possess
Reason: no one has a right to the personal any tape record, wire record, disc record, or
privacy of another. any other such record, or copies thereof, of
any communication or spoken word
ARTICLE 292 - REVELATION OF secured either before or after the effective
INDUSTRIAL SECRETS date of this Act in the manner prohibited
by this law; or to replay the same for any
Elements: other person or persons; or to
(a) Offender is a person in charge, employee communicate the contents thereof, either
or workman of a manufacturing or verbally or in writing, or to furnish
industrial establishment; transcriptions thereof, whether complete
(b) The manufacturing or industrial or partial, to any other person: Provided,
establishment has a secret of the industry That the use of such record or any copies
which the offender has learned; thereof as evidence in any civil, criminal
(c) Offender reveals such secrets; investigation or trial of offenses mentioned
(d) Prejudice is caused to the owner. in section 3 hereof, shall not be covered by
this prohibition.
Secrets must relate to manufacturing processes.
Section 2. Any person who willfully or knowingly
The act constituting the crime is revealing the does or who shall aid, permit, or cause to be
secret of the industry which the offender has done any of the acts declared to be unlawful in
learned. the preceding section or who violates the
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provisions of the following section or of any (2) that there are reasonable grounds to
order issued thereunder, or aids, permits, or believe that evidence will be obtained
causes such violation shall, upon conviction essential to the conviction of any person
thereof, be punished by imprisonment for not for, or to the solution of, or to the
less than six months or more than six years and prevention of, any of such crimes; and
with the accessory penalty of perpetual (3) that there are no other means readily
absolute disqualification from public office if available for obtaining such evidence.
the offender be a public official at the time of
the commission of the offense, and, if the RA 9327 (HUMAN SECURITY ACT)
offender is an alien he shall be subject to
deportation proceedings. Surveillance of Suspects and Interception and
Recording of Communications
SEC. 7. The provisions of RA 4200 (Anti-wire
Exceptions: Tapping Law) to the contrary notwithstanding,
Any peace officer, who is authorized by a written a police or law enforcement official and the
order of the Court, to execute any of the acts members of his team may, upon a written order
declared to be unlawful in the two preceding of the Court of Appeals, listen to, intercept and
sections in cases involving the crimes of treason, record, with the use of any mode, form, kind or
espionage, provoking war and disloyalty in case type of electronic or other surveillance
of war, piracy, mutiny in the high seas, rebellion, equipment or intercepting and tracking devices,
conspiracy and proposal to commit rebellion, or with the use of any other suitable ways and
inciting to rebellion, sedition, conspiracy to means for that purpose, any communication,
commit sedition, inciting to sedition, kidnapping message, conversation, discussion, or spoken or
as defined by the RPC, and violations of written words between members of a judicially
Commonwealth Act No. 616, punishing declared and outlawed terrorist organization,
espionage and other offenses against national association, or group of persons or of any
security: Provided, That such written order shall person charged with or suspected of the crime
only be issued or granted upon written of terrorism or conspiracy to commit terrorism.
application and the examination under oath or
affirmation of the applicant and the witnesses Provided, That surveillance, interception and
he may produce and a showing: recording of communications between lawyers
(1) that there are reasonable grounds to and clients, doctors and patients, journalists
believe that any of the crimes enumerated and their sources and confidential business
hereinabove has been committed or is correspondence shall not be authorized.
being committed or is about to be
committed: Provided, however, That in SEC. 8. Formal Application for Judicial
cases involving the offenses of rebellion, Authorization. - The written order of the
conspiracy and proposal to commit authorizing division of the Court of Appeals to
rebellion, inciting to rebellion, sedition, track down, tap, listen to, intercept, and record
conspiracy to commit sedition, and inciting communications, messages, conversations,
to sedition, such authority shall be granted discussions, or spoken or written words of any
only upon prior proof that a rebellion or person suspected of the crime of terrorism or
acts of sedition, as the case may be, have the crime of conspiracy to commit terrorism
actually been or are being committed; shall only be granted by the authorizing division
of the Court of Appeals upon an ex parte written
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application of a police or of a law enforcement whose communications, messages,

official who has been duly authorized in writing conversations, discussions, or spoken or written
by the Anti-Terrorism Council created in Section words are to be tracked down, tapped, listened
53 of this Act to file such ex parte application, to, intercepted, and recorded and, in the case of
and upon examination under oath or radio, electronic, or telephonic (whether
affirmation of the applicant and the witnesses wireless or otherwise) communications,
he may produce to establish: (a) that there is messages, conversations, discussions, or
probable cause to believe based on personal spoken or written words, the electronic
knowledge of facts or circumstances that the transmission systems or the telephone numbers
said crime of terrorism or conspiracy to commit to be tracked down, tapped, listened to,
terrorism has been committed, or is being intercepted, and recorded and their locations or
committed, or is about to be committed; (b) that if the person suspected of the crime of terrorism
there is probable cause to believe based on or conspiracy to commit terrorism is not fully
personal knowledge of facts or circumstances known, such person shall be subject to
that evidence, which is essential to the continuous surveillance provided there is a
conviction of any charged or suspected person reasonable ground to do so; (b) the identity
for, or to the solution or prevention of, any such (name, address, and the police or law
crimes, will be obtained; and, (c) that there is no enforcement organization) of the police or of
other effective means readily available for the law enforcement official, including the
acquiring such evidence. individual identity (names, addresses, and the
police or law enforcement organization) of the
SEC. 9. Classification and Contents of the Order members of his team, judicially authorized to
of the Court. - The written order granted by the track down, tap, listen to, intercept, and record
authorizing division of the Court of Appeals as the communications, messages, conversations,
well as its order, if any, to extend or renew the discussions, or spoken or written words; (c) the
same, the original application of the applicant, offense or offenses committed, or being
including his application to extend or renew, if committed, or sought to be prevented; and, (d)
any, and the written authorizations of the Anti- the length of time within which the
Terrorism Council shall be deemed and are authorization shall be used or carried out.
hereby declared as classified information:
Provided, That the person being surveilled or SEC. 10. Effective Period of Judicial Authorization.
whose communications, letters, papers, - Only for the length of time specified in the
messages, conversations. Discussions, spoken written order of the authorizing division of the
or written words and effects have been Court of Appeals, which shall not exceed a
monitored, listened to, bugged or recorded by period of thirty (30) days from the date of
law enforcement authorities has the right to be receipt of the written order of the authorizing
informed of the acts done by the law division of the CA by the applicant police or law
enforcement authorities in the premises or to enforcement official.
challenge, if he or she intends to do so, the
legality of the interference before the Court of The authorizing division of the CA may extend
Appeals which issued the written order. The or renew the said authorization for another non-
written order of the authorizing division of the extendible period, which shall not exceed 30
Court of Appeals shall specify the following: (a) days from the expiration of the original period:
the identity, such as name and address, if Provided, That the authorizing division of the
known, of the charged or suspected person CA is satisfied that such extension or renewal is
294
in the public interest: and Provided, further, fixed in the written order of the authorizing
That the ex parte application for extension or division of the CA or within forty-eight (48)
renewal, which must be filed by the original hours after the expiration of any extension or
applicant, has been duly authorized in writing renewal granted by the authorizing division of
by the Anti-Terrorism Council. the Court of Appeals, be deposited with the
authorizing Division of the CA in a sealed
In case of death of the original applicant or in envelope or sealed package, as the case may be,
case he is physically disabled to file the and shall be accompanied by a joint affidavit of
application for extension or renewal, the one the applicant police or law enforcement official
next in rank to the original applicant among the and the members of his team.
members of the team named in the original
written order of the authorizing division of the In case of death of the applicant or in case he is
CA shall file the application for extension or physically disabled to execute the required
renewal: Provided, That, without prejudice to affidavit, the one next in rank to the applicant
the liability of the police or law enforcement among the members of the team named in the
personnel under Section 20 hereof, the written order of the authorizing division of the
applicant police or law enforcement official CA shall execute with the members of the team
shall have thirty (30) days after the termination that required affidavit.
of the period granted by the Court of Appeals as
provided in the preceding paragraphs within It shall be unlawful for any person, police officer
which to file the appropriate case before the or any custodian of the tapes, discs and
Public Prosecutor’s Office for any violation of recording, and their excerpts and summaries,
this Act. written notes or memoranda to copy in
whatever form, to remove, delete, expunge,
If no case is filed within the thirty (30)-day incinerate, shred or destroy in any manner the
period, the applicant police or law enforcement items enumerated above in whole or in part
official shall immediately notify the person under any pretext whatsoever.
subject of the surveillance, interception and
recording of the termination of the said Any person who removes, deletes, expunges
surveillance, interception and recording. The incinerates, shreds or destroys the items
penalty of ten (10) years and one day to twelve enumerated above shall suffer a penalty of not
(12) years of imprisonment shall be imposed less than six (6) years and one day to twelve (12)
upon the applicant police or law enforcement years of imprisonment.
official who fails to notify the person subject of
the surveillance, monitoring, interception and SEC. 12. Contents of Joint Affidavit. - The joint
recording as specified above. affidavit of the police or of the law enforcement
official and the individual members of his team
SEC. 11. Custody of Intercepted and Recorded shall state: (a) the number of tapes, discs, and
Communications. - All tapes, discs, and recordings that have been made, as well as the
recordings made pursuant to the authorization number of excerpts and summaries thereof and
of the authorizing division of the CA, including the number of written notes and memoranda, if
all excerpts and summaries thereof as well as any, made in connection therewith; (b) the
all written notes or memoranda made in dates and times covered by each of such tapes,
connection therewith, shall, within forty-eight discs, and recordings; (c) the number of tapes,
(48) hours after the expiration of the period discs, and recordings, as well as the number of
295
excerpts and summaries thereof and the connection therewith) shall not be divulged,
number of written notes and memoranda made revealed, read, replayed, or used as evidence
in connection therewith that have been included unless authorized by written order of the
in the deposit; and (d) the date of the original authorizing division of the Court of Appeals,
written authorization granted by the Anti- which written order shall be granted only upon
Terrorism Council to the applicant to file the ex a written application of the Department of
parte application to conduct the tracking down, Justice filed before the authorizing division of
tapping, intercepting, and recording, as well as the Court of Appeals and only upon a showing
the date of any extension or renewal of the that the Department of Justice has been duly
original written authority granted by the authorized in writing by the Anti-Terrorism
authorizing division of the Court of Appeals. Council to file the application with proper
written notice to the person whose conversation,
The joint affidavit shall also certify under oath communication, message discussion or spoken
that no duplicates or copies of the whole or any or written words have been the subject of
part of any of such tapes, discs, and recordings, surveillance, monitoring, recording and
and that no duplicates or copies of the whole or interception to open, reveal, divulge, and use
any part of any of such excerpts, summaries, the contents of the sealed envelope or sealed
written notes, and memoranda, have been package as evidence.
made, or, if made, that all such duplicates and
copies are included in the sealed envelope or Any person, law enforcement official or judicial
sealed package, as the case may be, deposited authority who violates his duty to notify in
with the authorizing division of the Court of writing the persons subject of the surveillance
Appeals. as defined above shall suffer the penalty of six
(6) years and one day to eight (8) years of
It shall be unlawful for any person, police or law imprisonment.
enforcement official to omit or exclude from the
joint affidavit any item or portion thereof SEC. 14. Application to Open Deposited Sealed
mentioned in this Section. Envelop or Sealed Package. - The written
application with notice to the party concerned
Any person, police or law enforcement officer to open the deposited sealed envelope or sealed
who violates any of the acts proscribed in the package shall clearly state the purpose or
preceding paragraph shall suffer the penalty of reason: (a) for opening the sealed envelope or
not less than ten (10) years and one day to sealed package; (b) for revealing or disclosing
twelve (12) years of imprisonment. its classified contents; (c) for replaying,
divulging, and or reading any of the listened to,
SEC. 13. Disposition of Deposited Materials. - The intercepted, and recorded communications,
sealed envelope or sealed package and the messages, conversations, discussions, or
contents thereof, which are deposited with the spoken or written words (including any of the
authorizing division of the Court of Appeals, excerpts and summaries thereof and any of the
shall be deemed and are hereby declared notes or memoranda made in connection
classified information, and the sealed envelope therewith); and, (d) for using any of said
or sealed package shall not be opened and its listened to, intercepted, and recorded
contents (including the tapes, discs, and communications, messages, conversations,
recordings and all the excerpts and summaries discussions, or spoken or written words
thereof and the notes and memoranda made in (including any of the excerpts and summaries
296
thereof and any of the notes or memoranda authority from the Court of Appeals to track
made in connection therewith) as evidence. down, tap, listen to, intercept, and record in
whatever manner or form any communication,
Any person, law enforcement official or judicial message, conversation, discussion, or spoken or
authority who violates his duty to notify as written words of a person charged with or
defined above shall suffer the penalty of six (6) suspected of the crime of terrorism or
years and one day to eight (8) years of conspiracy to commit terrorism: Provided, That
imprisonment. notwithstanding Section 13 of this Act, the party
aggrieved by such authorization shall be
SEC. 15. Evidentiary Value of Deposited Materials. allowed access to the sealed envelope or sealed
- Any listened to, intercepted, and recorded package and the contents thereof as evidence
communications, messages, conversations, for the prosecution of any police or law
discussions, or spoken or written words, or any enforcement personnel who maliciously
part or parts thereof, or any information or fact procured said authorization.
contained therein, including their existence,
content, substance, purport, effect, or meaning, Restriction on Travel
which have been secured in violation of the
pertinent provisions of this Act, shall absolutely SEC. 26. Restriction on Travel. – In cases where
not be admissible and usable as evidence evidence of guilt is not strong, and the person
against anybody in any judicial, quasi-judicial, charged with the crime of terrorism or
legislative, or administrative investigation, conspiracy to commit terrorism is entitled to
inquiry, proceeding, or hearing. bail and is granted the same, the court, upon
application by the prosecutor, shall limit the
SEC. 16. Penalty for Unauthorized or malicious right of travel of the accused to within the
Interceptions and/or Recordings. - Any police or municipality or city where he resides or where
law enforcement personnel who, not being the case is pending, in the interest of national
authorized to do so by the authorizing division security and public safety, consistent with
of the Court of Appeals, tracks down, taps, Article III, Section 6 of the Constitution. Travel
listens to, intercepts, and records in whatever outside of said municipality or city, without the
manner or form any communication, message, authorization of the court, shall be deemed a
conversation, discussion, or spoken or written violation of the terms and conditions of his bail,
word of a person charged with or suspected of which shall then be forfeited as provided under
the crime of terrorism or the crime of conspiracy the Rules of Court.
to commit terrorism shall be guilty of an offense
and shall suffer the penalty of ten (10) years and He or she may also be placed under house
one day to twelve (12) years of imprisonment. arrest by order of the court at his or her usual
place of residence.
In addition to the liability attaching to the
offender for the commission of any other While under house arrest, he or she may not use
offense, the penalty of ten (10) years and one telephones, cellphones, e-mails, computers, the
day to twelve (12) years of imprisonment and internet or other means of communications with
the accessory penalty of perpetual absolute people outside the residence until otherwise
disqualification from public office shall be ordered by the court.
imposed upon any police or law enforcement
personnel who maliciously obtained an
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The restrictions abovementioned shall be accounts, assets, and records: (1) of a person
terminated upon the acquittal of the accused or charged with or suspected of the crime of
of the dismissal of the case filed against him or terrorism or conspiracy to commit terrorism, (2)
earlier upon the discretion of the court on of any judicially declared and outlawed terrorist
motion of the prosecutor or of the accused. organization, association, or group of persons,
or (3) of any member of such organization,
Examination of Bank Deposits and Documents association, or group of persons in a bank or
financial institution, and the gathering of any
JUDICIAL AUTHORIZATION relevant information about the same from said
SEC. 27. Judicial Authorization Required to bank or financial institution, shall only be
Examine Bank Deposits, Accounts, and Records. granted by the authorizing division of the Court
- The provisions of Republic Act No. 1405 as of Appeals upon an ex parte application to that
amended, to the contrary notwithstanding, the effect of a police or of a law enforcement official
justices of the Court of Appeals designated as a who has been duly authorized in writing to file
special court to handle anti-terrorism cases such ex parte application by the Anti-Terrorism
after satisfying themselves of the existence of Council created in Section 53 of this Act to file
probable cause in a hearing called for that such ex parte application, and upon
purpose that (1) a person charged with or examination under oath or affirmation of the
suspected of the crime of terrorism or applicant and the witnesses he may produce to
conspiracy to commit terrorism, (2) of a establish the facts that will justify the need and
judicially declared and outlawed terrorist urgency of examining and freezing the bank
organization, association, or group of persons, deposits, placements, trust accounts, assets,
and (3) of a member of such judicially declared and records: (1) of the person charged with or
and outlawed organization, association, or suspected of the crime of terrorism or
group of persons, may authorize in writing any conspiracy to commit terrorism, (2) of a
police or law enforcement officer and the judicially declared and outlawed terrorist
members of his/her team duly authorized in organization, association or group of persons, or
writing by the anti-terrorism council to: (a) (3) of any member of such organization,
examine, or cause the examination of, the association, or group of persons.
deposits, placements, trust accounts, assets
and records in a bank or financial institution; SEC. 29. Classification and Contents of the Court
and (b) gather or cause the gathering of any Order Authorizing the Examination of Bank
relevant information about such deposits, Deposits, Accounts, and Records. - The written
placements, trust accounts, assets, and records order granted by the authorizing division of the
from a bank or financial institution. The bank or Court of Appeals as well as its order, if any, to
financial institution concerned shall not refuse extend or renew the same, the original ex parte
to allow such examination or to provide the application of the applicant, including his ex
desired information, when so ordered by and parte application to extend or renew, if any, and
served with the written order of the Court of the written authorizations of the Anti Terrorism
Appeals. Council, shall be deemed and are hereby
declared as classified information: Provided,
Application
That the person whose bank deposits,
SEC. 28. Application to Examine Bank Deposits,
placements, trust accounts, assets, and records
Accounts, and Records. - The written order of
have been examined, frozen, sequestered and
the Court of Appeals authorizing the
seized by law enforcement authorities has the
examination of bank deposits, placements, trust
298
right to be informed of the acts done by the law (30) days renewable to another thirty (30) days
enforcement authorities in the premises or to from the expiration of the original period,
challenge, if he or she intends to do so, the provided that the authorizing division of the
legality of the interference. The written order of Court of Appeals is satisfied that such extension
the authorizing division of the Court of Appeals or renewal is in the public interest, and provided
designated to handle cases involving terrorism further that the application for extension or
shall specify: (a) the identity of the said: (1) renewal, which must be filed by the original
person charged with or suspected of the crime applicant, has been duly authorized in writing
of terrorism or conspiracy to commit terrorism, by the Anti-Terrorism Council.
(2) judicially declared and outlawed terrorist
organization, association, or group of persons, In case of death of the original applicant or in
and (3) member of such judicially declared and case he is physically disabled to file the
outlawed organization, association, or group of application for extension or renewal, the one
persons, as the case may be, whose deposits, next in rank to the original applicant among the
placements, trust accounts, assets, and records members of the team named in the original
are to be examined or the information to be written order of the authorizing division of the
gathered; (b) the identity of the bank or Court of Appeals shall file the application for
financial institution where such deposits, extension or renewal: Provided, That, without
placements, trust accounts, assets, and records prejudice to the liability of the police or law
are held and maintained; (c) the identity of the enforcement personnel under Section 19 hereof,
persons who will conduct the said examination the applicant police or law enforcement official
and the gathering of the desired information; shall have thirty (30) days after the termination
and, (d) the length of time the authorization of the period granted by the Court of Appeals as
shall be carried out. provided in the preceding paragraphs within
which to file the appropriate case before the
SEC. 30. Effective Period of Court Authorization Public Prosecutor’s Office for any violation of
to Examine and Obtain Information on Bank this Act.
Deposits, Accounts, and Records. - The
authorization issued or granted by the If no case is filed within the thirty (30)-day
authorizing division of the Court of Appeals to period, the applicant police or law enforcement
examine or cause the examination of and to official shall immediately notify in writing the
freeze bank deposits, placements, trust person subject of the bank examination and
accounts, assets, and records, or to gather freezing of bank deposits, placements, trust
information about the same, shall be effective accounts, assets and records. The penalty of ten
for the length of time specified in the written (10) years and one day to twelve (12) years of
order of the authorizing division of the Court of imprisonment shall be imposed upon the
Appeals, which shall not exceed a period of applicant police or law enforcement official who
thirty (30) days from the date of receipt of the fails to notify in writing the person subject of the
written order of the authorizing division of the bank examination and freezing of bank deposits,
Court of Appeals by the applicant police or law placements, trust accounts, assets and records.
enforcement official.
Any person, law enforcement official or judicial
The authorizing division of the Court of Appeals authority who violates his duty to notify in
may extend or renew the said authorization for writing as defined above shall suffer the penalty
another period, which shall not exceed thirty
299
of six (6) years and one day to eight (8) years of excerpts, summaries, notes, memoranda,
imprisonment. working sheets, reports, documents, records
examined and placed in the sealed envelope or
SEC. 31. Custody of Bank Data and Information sealed package deposited with the authorizing
Obtained after Examination of Deposits, division of the Court of Appeals; (f) the date of
Placements, Trust Accounts, Assets and Records. the original written authorization granted by the
- All information, data, excerpts, summaries, Anti-Terrorism Council to the applicant to file
notes, memoranda, working sheets, reports, the ex parte application to conduct the
and other documents obtained from the examination of the said bank deposits,
examination of the bank deposits, placements, placements, trust accounts, assets and records,
trust accounts, assets and records of: (1) a as well as the date of any extension or renewal
person charged with or suspected of the crime of the original written authorization granted by
of terrorism or the crime of conspiracy to the authorizing division of the Court of Appeals;
commit terrorism, (2) a judicially declared and and (g) that the items enumerated were all that
outlawed terrorist organization, association, or were found in the bank or financial institution
group of persons, or (3) a member of any such examined at the time of the completion of the
organization, association, or group of persons examination.
shall, within forty-eight (48) hours after the
expiration of the period fixed in the written The joint affidavit shall also certify under oath
order of the authorizing division of the Court of that no duplicates or copies of the information,
Appeals or within forty-eight (48) hours after data, excerpts, summaries, notes, memoranda,
the expiration of the extension or renewal working sheets, reports, and documents
granted by the authorizing division of the Court acquired from the examination of the bank
of Appeals, be deposited with the authorizing deposits, placements, trust accounts, assets
division of the Court of Appeals in a sealed and records have been made, or, if made, that
envelope or sealed package, as the case may be, all such duplicates and copies are placed in the
and shall be accompanied by a joint affidavit of sealed envelope or sealed package deposited
the applicant police or law enforcement official with the authorizing division of the Court of
and the persons who actually conducted the Appeals.
examination of said bank deposits, placements,
trust accounts, assets and records. It shall be unlawful for any person, police officer
or custodian of the bank data and information
SEC. 32. Contents of Joint Affidavit. - The joint obtained after examination of deposits,
affidavit shall state: (a) the identifying marks, placements, trust accounts, assets and records
numbers, or symbols of the deposits, to copy, to remove, delete, expunge, incinerate,
placements, trust accounts, assets, and records shred or destroy in any manner the items
examined; (b) the identity and address of the enumerated above in whole or in part under any
bank or financial institution where such pretext whatsoever.
deposits, placements, trust accounts, assets,
and records are held and maintained; (c) the Any person who copies, removes, deletes,
number of bank deposits, placements, trust expunges incinerates, shreds or destroys the
accounts, assets, and records discovered, items enumerated above shall suffer a penalty
examined, and frozen; (d) the outstanding of not less than six (6) years and one day to
balances of each of such deposits, placements, twelve (12) years of imprisonment.
trust accounts, assets; (e) all information, data,
300
Unauthorized Revelation of Classified Materials including those done under the pretext of
SEC. 46. Penalty for Unauthorized Revelation of domestic or overseas employment or
Classified Materials. - The penalty of ten (10) training or apprenticeship, for the purpose
years and one day to twelve (12) years of of prostitution, pornography, sexual
imprisonment shall be imposed upon any exploitation, forced labor, slavery,
person, police or law enforcement agent, involuntary servitude or debt bondage;
judicial officer or civil servant who, not being (2) To introduce or match for money, profit, or
authorized by the Court of Appeals to do so, material, economic or other consideration,
reveals in any manner or form any classified any person or, as provided for under
information under this Act. Republic Act No. 6955, any Filipino
woman to a foreign national, for marriage
RA 9208: ANTI-TRAFFICKING IN for the purpose of acquiring, buying,
PERSONS ACT OF 2003 offering, selling or trading him/her to
engage in prostitution, pornography,
Trafficking in Persons - refers to the recruitment, sexual exploitation, forced labor, slavery,
transportation, transfer or harboring, or receipt involuntary servitude or debt bondage;
of persons with or without the victim's consent (3) To offer or contract marriage, real or
or knowledge, within or across national borders simulated, for the purpose of acquiring,
by means of threat or use of force, or other buying, offering, selling, or trading them to
forms of coercion, abduction, fraud, deception, engage in prostitution, pornography,
abuse of power or of position, taking advantage sexual exploitation, forced labor or slavery,
of the vulnerability of the person, or, the giving involuntary servitude or debt bondage;
or receiving of payments or benefits to achieve (4) To undertake or organize tours and travel
the consent of a person having control over plans consisting of tourism packages or
another person for the purpose of exploitation activities for the purpose of utilizing and
which includes at a minimum, the exploitation offering persons for prostitution,
or the prostitution of others or other forms of pornography or sexual exploitation;
sexual exploitation, forced labor or services, (5) To maintain or hire a person to engage in
slavery, servitude or the removal or sale of prostitution or pornography;
organs. (6) To adopt or facilitate the adoption of
persons for the purpose of prostitution,
The recruitment, transportation, transfer, pornography, sexual exploitation, forced
harboring or receipt of a child for the purpose of labor, slavery, involuntary servitude or
exploitation shall also be considered as debt bondage;
"trafficking in persons" even if it does not (7) To recruit, hire, adopt, transport or abduct
involve any of the means set forth in the a person, by means of threat or use of
preceding paragraph. force, fraud, deceit, violence, coercion, or
intimidation for the purpose of removal or
sale of organs of said person; and
Punishable Acts (8) To recruit, transport or adopt a child to
Section 4. Acts of Trafficking in Persons. - It shall engage in armed activities in the
be unlawful for any person, natural or juridical, Philippines or abroad.
to commit any of the following acts:
(1) To recruit, transport, transfer; harbor, Section 5. Acts that Promote Trafficking in
provide, or receive a person by any means, Persons. - The following acts which promote or
301
facilitate trafficking in persons, shall be seeking redress from the government or

unlawful to: appropriate agencies; and
(1) knowingly lease or sublease, use or allow (7) knowingly benefit from, financial or
to be used any house, building or otherwise, or make use of, the labor or
establishment for the purpose of services of a person held to a condition of
promoting trafficking in persons; involuntary servitude, forced labor, or
(2) produce, print and issue or distribute slavery.
unissued, tampered or fake counseling
certificates, registration stickers and Section 6. Qualified Trafficking in Persons. - The
certificates of any government agency following are considered as qualified trafficking:
which issues these certificates and stickers (1) When the trafficked person is a child;
as proof of compliance with government (2) When the adoption is effected through
regulatory and pre-departure Republic Act No. 8043, otherwise known
requirements for the purpose of promoting as the "Inter-Country Adoption Act of
trafficking in persons; 1995" and said adoption is for the purpose
(3) advertise, publish, print, broadcast or of prostitution, pornography, sexual
distribute, or cause the advertisement, exploitation, forced labor, slavery,
publication, printing, broadcasting or involuntary servitude or debt bondage;
distribution by any means, including the (3) When the crime is committed by a
use of information technology and the syndicate, or in large scale. Trafficking is
internet, of any brochure, flyer, or any deemed committed by a syndicate if
propaganda material that promotes carried out by a group of three (3) or more
trafficking in persons; persons conspiring or confederating with
(4) assist in the conduct of misrepresentation one another. It is deemed committed in
or fraud for purposes of facilitating the large scale if committed against three (3)
acquisition of clearances and necessary or more persons, individually or as a
exit documents from government agencies group;
that are mandated to provide pre- (4) When the offender is an ascendant, parent,
departure registration and services for sibling, guardian or a person who exercises
departing persons for the purpose of authority over the trafficked person or
promoting trafficking in persons; when the offense is committed by a public
(5) facilitate, assist or help in the exit and officer or employee;
entry of persons from/to the country at (5) When the trafficked person is recruited to
international and local airports, territorial engage in prostitution with any member of
boundaries and seaports who are in the military or law enforcement agencies;
possession of unissued, tampered or (6) When the offender is a member of the
fraudulent travel documents for the military or law enforcement agencies; and
purpose of promoting trafficking in (7) When by reason or on occasion of the act
persons; of trafficking in persons, the offended
(6) confiscate, conceal, or destroy the party dies, becomes insane, suffers
passport, travel documents, or personal mutilation or is afflicted with Human
documents or belongings of trafficked Immunodeficiency Virus (HIV) or the
persons in furtherance of trafficking or to Acquired Immune Deficiency Syndrome
prevent them from leaving the country or (AIDS).
302
Title X. Crimes against (2) Article 313 - Altering Boundaries or

Landmarks
Property Chapter 5: Culpable Insolvency
(1) Article 314 - Fraudulent Insolvency
Chapter I: Robbery in General
(1) Article 293 - Who Are Guilty of Robbery Chapter 6: Swindling
(2) Article 294 - With Violence or Intimidation (1) Article 315 – Estafa
of Persons (2) Article 316 - Other Forms of Swindling
(3) Article 295 - Robbery with Physical Injuries, (3) Article 317 - Swindling of a Minor
in an Uninhabited Place and by a Band (4) Article 318 - Other Deceits
(4) Article 296 - Definition of a Band and
Penalty Incurred by the Members Thereof Chapter 7: Chattel mortgage
(5) Article 297 - Attempted and Frustrated (1) Article 319 - Removal, Sale, or Pledge of
Robbery with Homicide Mortgaged Property
(6) Article 298 - Execution of Deeds through
Violence or Intimidation Chapter 8: Arson and other Crimes involving
(7) Article 299 - Robbery in an Inhabited Destruction
House or Public Building or Edifice
Devoted to Worship Chapter 9: Malicious mischief
(8) Article 300 - Robbery in an Uninhabited (1) Article 327 - Who Are Responsible
Place and by a Band (2) Article 328 - Special Cases of Malicious
(9) Article 302 - In an Uninhabited Place or Mischief
Private Building (3) Article 329 - Other Mischiefs
(10) Article 303 - Robbery of Cereals, Fruits or (4) Article 330 - Damage and Obstruction to
Firewood in an Inhabited Place or Private Means of Communication
Building (5) Article 331 - Destroying or Damaging
(11) Article 304 - Possession of Picklock or Statues, Public Monuments or Paintings
Similar Tools
(12) Article 305 - False Keys Chapter 10: Exemption from Criminal Liability
(1) Article 332 - Exemption from Criminal
Chapter 2: Brigandage Liability in Crimes Against Property
(1) Article 306 - Who Are Brigands
(2) Article 307 - Aiding and Abetting a Band
CHAPTER I: ROBBERY IN GENERAL
of Brigands
Chapter 3: Theft
ARTICLE 293 - WHO ARE GUILTY OF
(1) Article 308 - Who Are Liable for Theft ROBBERY
(2) Article 309 – Penalties
Elements of Robbery in General:
(3) Article 310 - Qualified Theft
(a) Personal property
(4) Article 311 - Theft of the Property of the
(b) Belonging to another
National Library and National Museum
(c) There is unlawful taking
(d) With Intent to gain
Chapter 4: Usurpation
(e) Violence against or intimidation of any
(1) Article 312 - Occupation of Real Property
person OR force upon anything
or Usurpation of Real Rights in Property
303
The property taken must be personal, if real

property/right is usurped the crime is When is violence committed?
usurpation (Art. 312). GENERAL RULE: Violence or intimidation must
be present BEFORE the taking of personal
Prohibitive articles may be the subject of property is complete.
robbery, e.g., opium
EXCEPTION: When violence results in homicide,
From the moment the offender gains rape, intentional mutilation, or any of the
possession of the object, even without the serious physical injuries penalized in par. 1 and
chance to dispose of the same, the unlawful 2 of Art. 263, the taking of the personal
taking is complete. property is robbery complexed with any of those
crimes under Art. 294, even if the taking was
“Taking” – depriving the offended party of already complete when violence was used by
possession of the thing taken with the character the offender.
of permanency.
VIOLENCE AGAINST OR USE OF FORCE
Intent to gain is presumed from the unlawful INTIMIDATION OF UPON THINGS
taking. It cannot be established by direct PERSON
evidence, except in case of confession.
The taking is always The taking is
robbery. robbery only if force
It is not necessary that violence or intimidation
is used to:
is present from the beginning. If the violence or (1) enter the
intimidation at any time before asportation is
building
complete, the taking of property is qualified to (2) break doors,
robbery. wardrobes,
chests, or any
When is UNLAWFUL TAKING complete? other kind of
In Robbery with violence against or intimidation locked or sealed
of persons, even if the culprit has had no furniture or
opportunity to dispose of the same, the receptacle
unlawful taking is complete. There is no inside the
frustrated stage. building; OR
(3) force them open
In Robbery with force upon things, the thing outside after
must be taken out of the building to taking the same
consummate the crime. There is a from the
FRUSTRATED STAGE. (e.g. when the culprit building (Art.
had already broken the floor of the bodega, had 299 & 302)
entered it, and had removed one sack of sugar Value of the thing taken is If committed in an
from the pile, but was caught in the act of immaterial. The penalty inhabited house,
taking out the sack through the opening of the depends on: public building, or
door, crime committed is FRUSTRATED (1) the result of the edifice devoted to
ROBBERY) violence used religious worship,
304
(homicide, rape, the penalty is based performance of the work in which he is

intentional on: habitually engaged for labor for more than
mutilation, serious (1) the value of the 90 days or the person injured becomes ill
physical injuries, less thing taken and or incapacitated for labor for more than 30
serious or slight (2) whether or not days.
physical injuries the offenders (7) If the violence employed by the offender
resulted) and carry arms; does not cause any of the serious physical
(2) the existence of injuries defined in Art. 263, or if the
intimidation only offender employs intimidation only.
The crime defined in this article is a special

ARTICLE 294 – ROBBERY WITH VIOLENCE complex crime.
AGAINST OR INTIMIDATION OF PERSONS
“On the occasion” and “by reason” mean that
Acts punished under Art 294:
homicide or serious physical injuries must be
(1) When by reason or on occasion of the
committed in the course or because of the
robbery, Homicide is committed. (Robbery
robbery.
with Homicide)
(2) When the robbery is accompanied by Rape
The violence must be against the person, not
or Intentional Mutilation or Arson. (Robbery
upon the thing taken. It must be present before
with Rape, Robbery with Intentional
the taking of personal property is complete.
Mutilation, Robbery with Arson)
(3) When by reason or on occasion of such
“Homicide” is used in its generic sense, as to
robbery, any of the Physical Injuries
include parricide and murder. Hence, there is no
resulting in insanity, imbecility, impotency,
robbery with murder. The crime is still robbery
or blindness is inflicted.
with homicide even if, in the course of the
(4) When by reason or on occasion of robbery,
robbery, the person killed was another robber or
any of the Physical Injuries resulting in the
a bystander.
loss of the use of speech or the power to hear
or to smell, or the loss of an eye, a hand, a
Even if the rape was committed in another place,
foot, an arm or a leg or the loss of the use of
it is still robbery with rape. When the taking of
any such member, or incapacity for the work
personal property of a woman is an
in which the injured person is theretofore
independent act following defendant’s failure to
habitually engaged is inflicted.
consummate the rape, there are two distinct
(5) If the violence or intimidation employed in
crimes committed: attempted rape and theft.
the commission of the robbery is carried to
Additional rape committed on the same
a degree clearly unnecessary for the
occasion of robbery will not increase the penalty.
commission of the crime.
(6) When in the course of its execution, the
Absence of intent to gain will make the taking
offender shall have inflicted upon any
of personal property grave coercion if there is
person not responsible for the commission
violence used (Art. 286).
of the robbery any of the Physical Injuries in
consequence of which the person injured
If both violence/intimidation of persons (294)
becomes deformed or loses any other
and force upon things (299/302) co-exist, it will
member of his body or loses the use thereof
or becomes ill or incapacitated for the
305
be considered as violation of Art 294 because it rape and his taking away the belongings of the
is more serious than in Art 299/302. victim was only a mere afterthought, two
separate felonies are committed: Rape and
BUT when robbery is under Art 294 par 4 & 5 Theft or Robbery depending upon the
the penalty is lower than in Art 299 so the circumstances surrounding the unlawful taking.
complex crime should be imputed for the higher [People v. Naag, GR No. 1361394, Feb. 15, 2001]
penalty to be imposed without sacrificing the
principle that robbery w/ violence against ARTICLE 295 - ROBBERY WITH PHYSICAL
persons is more severe than that w/ force upon INJURIES, IN AN UNINHABITED PLACE
things. [Napolis v. CA (1972)] AND BY A BAND
When the taking of the victim’s gun was to Robbery with violence against or intimidation of
prevent the victim from retaliating, then the persons is qualified when it is committed:
crimes committed are theft and homicide not (1) In an Uninhabited place, or
robbery with homicide. [People v. Millian (2000)] (2) By a Band, or
(3) By Attacking a moving train, street car,
These offenses are known as SPECIAL motor vehicle, or airship, or
COMPLEX CRIMES. Crimes defined under this (4) By Entering the passengers’
article are the following: compartments in a train, or in any
(1) Robbery with homicide manner taking the passengers thereof by
(2) Robbery with rape surprise in the respective conveyances, or
(3) Robbery with intentional mutilation (5) On a Street, road, highway, or alley, AND
(4) Robbery with arson the intimidation is made with the use of
(5) Robbery with serious physical injuries Firearms
Here, the offender shall be punished by the

ROBBERY WITH HOMICIDE; (Absorption Theory maximum periods of the proper penalties in Art.
applied) 294. The penalty cannot be offset by a generic
Attempted homicide or attempted murder mitigating circumstance.
committed during or on the occasion of the
robbery, as in this case, is absorbed in the crime The intimidation with the use of firearm
of Robbery with Homicide which is a special qualifies only robbery on a street, road, highway,
complex crime that remains fundamentally the or alley.
same regardless of the number of homicides or
injuries committed in connection with the Any of these qualifying circumstances must be
robbery. [People v. Cabbab, Jr. (2007)] alleged in the information and proved during
the trial.
ROBBERY WITH RAPE
If the intention of the accused was to rob, but
rape was committed even before the
asportation, the crime is the special complex
crime of Robbery with Rape. So long as the
intent of the accused is to rob, rape may be
committed before, during or after the robbery.
But if the primary intent of the accused was to
306
ARTICLE 296 – ROBBERY BY A BAND But when there is conspiracy to commit

homicide and robbery, all the conspirators, even
if less than 4 armed men, are liable for the
Outline of Art. 296 (Definition of a Band and special complex crime of robbery with homicide.
Penalty Incurred by the Members Thereof):
(1) When at least 4 armed malefactors take Art 296 is not applicable to principal by
part in the commission of a robbery, it is inducement, who was not present at the
deemed committed by a band. commission of the robbery, if the agreement
(2) When any of the arms used in the was only to commit robbery.
commission of robbery is not licensed,
penalty upon all the malefactors shall be The article speaks of more than 3 armed
the maximum of the corresponding malefactors who “takes part in the commission
penalty provided by law, without of the robbery” and member of a band “who is
prejudice to the criminal liability for present at the commission of a robbery by a
illegal possession of such firearms. band.” Thus, a principal by inducement, who
(3) Any member of a band who was present did not go with the band at the place of the
at the commission of a robbery by the commission of the robbery, is not liable for
band, shall be punished as principal of robbery with homicide, but only for robbery in
any of the assaults committed by the band, there being no evidence that he gave
band, unless it be shown that he instructions to kill the victim or intended that
attempted to prevent the crime. this should be done.
When there was conspiracy for robbery only but

Requisites for Liability for the acts of the other
homicide was also committed on the occasion
members:
thereof, all members of the band are liable for
(1) Member of the band.
robbery with homicide.
(2) Present at the commission of the robbery.
(3) Other members committed an assault.
Whenever homicide is committed as a
(4) He did not attempt to prevent assault.
consequence of or on the occasion of a robbery,
all those who took part in the commission of the
Conspiracy is presumed when robbery is by
robbery are also guilty as principals in the crime
band.
of homicide unless it appears that they
endeavored to prevent the homicide.
When the robbery was not committed by a band,
the robber who did not take part in the assault
Proof of conspiracy is not essential to hold a
by another is not liable for that assault.
member of the band liable for robbery with
homicide actually committed by the other
When the robbery was not by a band and
members of the band.
homicide was not determined by the accused
when they plotted the crime, the one who did
There is no crime as “robbery with homicide in
not participate in the killing is liable for robbery
band”. Band is only ordinary aggravating
only. It is only when the robbery is in band that
circumstance in robbery w/ homicide
all those present in the commission of the
robbery may be punished for any of the assaults
In order for special aggravating circumstance of
which any of its members might commit.
unlicensed firearm to be appreciated, it is
307
condition sine qua non that offense charged be ARTICLE 298 - EXECUTION OF DEEDS
robbery by a band under Art 295. THROUGH VIOLENCE OR INTIMIDATION
Pursuant to Art 295, circumstance of a band is Elements:

qualifying only in robbery under par 3, 4 & 5 of (a) Offender has Intent to defraud another
Art 294. (b) Offender Compels him to sign, execute, or
Hence, Art. 295 does not apply to robbery with deliver any public instrument or document
homicide, or robbery with rape, or robbery with (c) Compulsion is by means of violence or
serious physical injuries under par. 1 of Art. 263. intimidation.
Special aggravating circumstance of unlicensed If the violence resulted in the death of the
firearm is inapplicable to robbery w/ homicide, person to be defrauded, crime is robbery with
or robbery with rape, or robbery with physical homicide and shall be penalized under Art 294
injuries, committed by a band. [People v. par. 1.
Apduhan]
Art. 298 applies to private or commercial
ARTICLE 297 - ATTEMPTED AND document, but it does not apply if document is
FRUSTRATED ROBBERY WITH HOMICIDE void.
Elements: When the offended party is under obligation to

(a) There is attempted or frustrated robbery sign, execute or deliver the document under the
(b) A homicide is committed on the same law, it is not robbery but coercion.
occasion
“Homicide” includes multiple homicides, By Force Upon Things

murder, parricide, or even infanticide. (1) Robbery by the use of force upon things is
committed only when either:
The penalty is the same, whether robbery is (2) Offender entered a house or building by
attempted or frustrated. any of the means specified in Art. 299 or
Art. 302, or
Robbery with homicide and attempted or (3) Even if there was no entrance by any of
frustrated robbery with homicide are special those means, he broke a wardrobe, chest,
complex crimes, not governed by Art. 48, but by or any other kind of locked or closed or
the special provisions of Arts. 294 & 297, sealed furniture or receptacle in the house
respectively. or building, or he took it away to be broken
or forced open outside.
There is only one crime of attempted robbery
with homicide even if slight physical injuries
were inflicted on other persons on the occasion
or by reason of the robbery.
308
ARTICLE 299 - ROBBERY IN AN The whole body of the culprit must be inside the
INHABITED HOUSE OR PUBLIC BUILDING building to constitute entering.
OR EDIFICE DEVOTED TO WORSHIP
Illustration: If the culprit had entered the house
Elements of robbery with force upon things under through an open door, and the owner, not
SUBDIVISION (A): knowing that the culprit was inside, closed and
(a) Offender entered locked the door from the outside and left, and
(1) An inhabited house the culprit, after taking personal property in the
(2) Public building house, went out through the window, it is only
(3) Edifice devoted to religious worship theft, not robbery.
(b) Entrance was effected by any of the
following means: “Breaking” – means entering the building. The
(1) Through an opening not intended for force used must be actual, as distinguished
entrance or egress; constructive force.
(2) By breaking any wall, roof, or floor, or
door or window; “False keys” – genuine keys stolen from the
(3) By using False keys, picklocks or owner or any keys other than those intended for
similar tools; or use in the lock forcibly opened by the offender.
(4) By using any Fictitious name or The genuine key must be stolen, not taken by
pretending the exercise of public force or with intimidation, from the owner.
authority.
(c) That once inside the building, the offender If false key is used to open wardrobe or locked
took personal property belonging to receptacle or drawer or inside door it is only
another with intent to gain. theft.
There must be evidence that accused entered

the dwelling house or building by any of the Elements of robbery with force upon things under
means enumerated in subdivision (a). In SUBDIVISION (B) of Art. 299:
entering the building, there must be the intent (a) Offender is inside a dwelling house, public
to take personal property. building, or edifice devoted to religious
worship, regardless of the circumstances
“Inhabited house” – any shelter, ship, or vessel under which he entered it.
constituting the dwelling of one or more (b) Offender takes personal property
persons even though the inhabitants thereof are belonging to another, with intent to gain,
temporarily absent when the robbery is under any of the following circumstances:
committed. (1) Breaking of doors, wardrobes, chests, or
any other kind of locked or sealed
“Public building” – every building owned by the furniture or receptacle; or
Government or belonging to a private person (2) Taking such furniture or objects away to
but used or rented by the Government, be broken or forced open outside the
although temporarily unoccupied by the same. place of the robbery.
Any of the four means described in subdivision Entrance into the building by any of the means
(a) must be resorted to enter a house or mentioned in subdivision (a) is not required in
building, not to get out otherwise it is only theft. robbery under subdivision (b)
309
but used or rented by the Government,

The term “door” in par. 1, subdivision (b) of Art. although temporarily unoccupied by the same.
299, refers only to “doors, lids or opening
sheets” of furniture or other portable “Dependencies” – all interior courts, corrals,
receptacles—not to inside doors of house or warehouses, granaries or inclosed places
building. contiguous to the building or edifice, having an
interior entrance connected therewith, and
Breaking the keyhole of the door of a wardrobe, which form part of the whole (Art. 301, par. 2).
which is locked, is breaking a locked furniture.
It is theft if the locked or sealed receptacle is not

Requisites:
forced open in the building where it is kept or
(1) Contiguous to the building;
taken from to be broken outside.
(2) Interior entrance connected therewith;
(3) Form part of the whole.
The penalty depends on the value of property
taken and on whether or not offender carries
Orchards and lands used for cultivation or
arm. Arms carried must not be used to
production are not included in the term
intimidate. Liability for carrying arms is
“dependencies” (Art. 301, par. 3).
extended to all those who participated in the
robbery, including those without arms.
UNINHABITED PLACE AND BY A BAND
The provision punishes more severely the
robbery in a house used as a dwelling than that
Robbery in an inhabited house, public building
committed in an uninhabited place, because of
or edifice dedicated to religious worship is
the possibility that the inhabitants in the former
qualified when committed by a band and
might suffer bodily harm during the robbery.
located in an uninhabited place.
ARTICLE 301 - WHAT IS AN INHABITED
See discussion on Art. 296 for definition of
HOUSE, PUBLIC BUILDING DEDICATED
“band.”
TO RELIGIOUS WORSHIP AND THEIR
DEPENDENCIES:
To qualify Robbery w/ To qualify Robbery w/
“Inhabited house” – any shelter, ship, or vessel force upon things (Art violence against or
constituting the dwelling of one or more 299) intimidation of
persons even though the inhabitants thereof are persons
temporarily absent when the robbery is
It must be committed It must be committed
committed.
in uninhabited place in an uninhabited
 Even if the occupant was absent during the
and by a band (Art place or by a band
robbery, the place is still inhabited if the
300) (Art. 295)
place was ordinarily inhabited and
intended as a dwelling.
“Public building” – every building owned by the

Government or belonging to a private person
310
ARTICLE 302 – ROBBERY IN AN A receptacle is a container, which must be

UNINHABITED PLACE OR PRIVATE “closed” or “sealed”.
BUILDING
Penalty is based only on value of property taken.
Elements:
(a) Offender entered an uninhabited place or a ARTICLE 303 - ROBBERY OF CEREALS,
building which was not a dwelling house, FRUITS OR FIREWOOD IN AN
not a public building, or not an edifice UNINHABITED PLACE OR PRIVATE
devoted to religious worship. BUILDING
(b) That any of the following circumstances
was present:
In cases enumerated in Arts. 299 and 302, the
(1) Entrance was effected through an penalty is one degree lower when robbery
opening not intended for entrance or consists in the taking of cereals, fruits, or
egress; firewood.
(2) A wall, roof, floor, or outside door or
window was broken Cereals – seedlings which are the immediate
(3) Entrance was effected through the use product of the soil. The palay must be kept by
of false keys, picklocks or other similar
the owner as “seedling” or taken for that
tools; purpose by the robbers.
(4) A door, wardrobe, chest, or any sealed
or closed furniture or receptacle was
ARTICLE 304 - POSSESSION OF
broken; or
PICKLOCK OR SIMILAR TOOLS
(5) A closed or sealed receptacle was
removed, even if the same be broken Elements:
open elsewhere. (a) Offender has in his possession picklocks or
(6) With intent to gain, the offender took similar tools;
therefrom personal property (b) Such picklock or similar tools are
belonging to another. especially adopted to the commission of
robbery;
“Building” – includes any kind of structure used (c) Offender does not have lawful cause for
for storage or safekeeping of personal property, such possession.
such as (a) freight car and (b) warehouse.
Possession of such tools, without lawful cause,
Entrance through an opening not intended for is punished. Actual use is not necessary. Since
entrance or egress is not necessary, if there is picking of locks is one way to gain entrance to
breaking of wardrobe, chest, or sealed or closed commit robbery, a picklock is per se specially
furniture or receptacle, or removal thereof to be adapted to the commission of robbery. [People v
broken open elsewhere. Lopez, 1965]
Breaking padlock is use of force upon things. If the person who makes such tools is a
locksmith, the penalty is higher.
Use of fictitious name or pretending the exercise
of public authority is not covered under this ARTICLE 305 - FALSE KEYS
article. Deemed to include the following:
(1) Tools mentioned in Article 304;
311
(2) Genuine keys stolen from the owner; (2) Kidnap to extort necessarily in a
(3) Any key other than those intended by the or get ransom highway
owner for use in the lock forcibly opened by (3) Any other
the offender. purpose to be
achieved by means
CHAPTER 2: BRIGANDAGE of force or violence
Proof Mere formation of a It is necessary to
ARTICLE 306 - WHO ARE BRIGANDS
band for any of the prove that the
Elements of Brigandage: above purposes is band actually
(a) There be at least 4 armed persons sufficient. There is committed the
(b) They formed a band of robbers no requirement that robbery.
(c) The purpose is any of the following: the brigands Conspiracy to
(1) To commit robbery in the highway; or consummate the commit robbery
(2) To kidnap for the purpose of extortion crime. is not
or to obtain ransom; or punishable.
(3) To attain by means of force and
violence any other purpose.
ARTICLE 307 - AIDING AND ABETTING A
Presumption of law as to brigandage: All are BAND OF BRIGANDS
presumed highway robbers or brigands, if any of
them carries unlicensed firearm. The arms Elements:
carried may be any deadly weapon. (a) There is a band of brigands
(b) Offender knows the band to be of brigands
The main object of the law is to prevent the (c) Offender does any of the following acts:
formation of band of robbers. (1) He in any manner aids, abets or
protects such band of brigands; or
The term “highway” includes city streets. (2) He gives them information of the
movements of the police or other
peace officers; or
The following must be proved: (3) He acquires or receives the property
(1) Organization of more than 3 armed taken by such brigands.
persons forming a band of robbers
(2) Purpose of the band is any of those It is presumed that the person performing any
enumerated in Art. 306. of the acts provided in this article has
(3) That they went upon the highway or performed them knowingly, unless the contrary
roamed upon the country for that purpose. is proven.
(4) That the accused is a member of such
band. Any person who aids or protects highway
robbers or abets the commission of highway
BRIGANDAGE ROBBERY IN robbery or brigandage shall be considered as an
BAND accomplice.
Purpose (1) Commit robbery Commit robbery,
in a highway and not
312
CHAPTER 3 THEFT to gain is presumed from the unlawful taking of

personal property belonging to another.
ARTICLE 308 - WHO ARE LIABLE FOR [Valenzuela v. People (2007)]
THEFT
If a person takes property of another, believing
Elements: it to be his own, presumption of intent to gain is
(a) Taking of personal property rebutted. Hence, he is not guilty of theft.
(b) Personal property belongs to another
(c) Taking was done with intent to gain. If one takes personal property openly and
(d) Taking was wiithout the consent of the avowedly under claim of title made in good faith,
owner. he is not guilty of theft even though claim of
(e) Accomplished without the use of violence ownership is later found to be untenable.
against or intimidation of persons or force
upon things. If possession was only material or physical, the
crime is THEFT. If possession was juridical,
crime is ESTAFA.
Persons liable:
(1) Those who, with intent to gain, without Selling share of a partner or co-owner is not
violence against or intimidation of persons theft. Actual or real gain is not necessary in
nor force upon things, take personal theft.
property, of another without the latter’s
consent. The consent contemplated in this article refers
(2) Those who, having found lost property, fail to consent freely given, and not mere lack of
to deliver the same to the local authorities opposition by owner of the property taken.
or to its owner.
(3) Those who, after having maliciously It is not robbery when violence is for a reason
damaged the property of another, remove entirely foreign to the fact of taking.
or make use of the fruits or object of the
damage caused by them. Gulinao shot Dr. Chua and left. Then he went
(4) Those who enter an inclosed estate or field back & took Dr. Chua’s diamond ring. The crime
where trespass is forbidden or which was Theft and not robbery. Circumstances show
belongs to another and, without the that the taking was merely an afterthought.
consent of its owner, hunt or fish upon the Violence used in killing Dr. Chua had no bearing
same or gather fruits, cereals, or other on the taking of the ring. [People v. Gulinao,
forest or farm products. (1989)]
The theft is consummated & taking completed Properties were taken after accused has already
once the culprit is able to place the thing taken carried out his primary criminal intent of killing
under his control, and in such a situation that the victim. Considering that the victim was
he could dispose of it at once. already heavily wounded when his properties
were taken, there was no need to employ
In accordance with the definition in Art 308, violence against or intimidation upon his person.
there is no frustrated theft. The offender has Hence, accused can only be held guilty of the
either complete control of the property separate offense of theft. [People v. Basao
(consummated) or without (attempted). Intent (1999)]
313
In theft, corpus delicti has two elements,

One in possession of part of recently stolen namely:
property is presumed to be thief of all. (1) that the property was lost by the owner,
and
“Lost property” – embraces loss by stealing or (2) that it was lost by felonious taking. [Gan
by act of the owner or by a person other than vs. People (2007)]
the owner, or through some casual occurrence.
ARTICLE 309 – PENALTIES
The basis of the penalty in theft is
It is necessary to prove the following in order to (1) the value of the thing stolen, or
establish theft by failure to deliver or return lost (2) the value and nature of the property taken,
property: or
(1) Time of the seizure of the thing (3) the circumstances that impelled the culprit
(2) It was a lost property belonging to another; to commit the crime.
and
(3) That the accused having had the If there is no evidence of the value of the
opportunity to return or deliver the lost property stolen, the court should impose the
property to its owner or to the local minimum penalty corresponding to theft
authorities, refrained from doing so. involving the value of P5.00. The court may also
take judicial notice of its value in the proper
The law does not require knowledge of the cases.
owner of the property.
ARTICLE 310 - QUALIFIED THEFT
Elements of hunting, fishing or gathering fruits,
Theft is qualified if:
etc., in enclosed estate:
(1) Committed by a domestic servant
(1) That there is an enclosed estate or a field,
(2) Committed with grave abuse of confidence
where trespass is forbidden or which
(3) The property stolen is
belongs to another
(a) motor vehicle
(2) Offender enters the same
(b) mail matter, or
(3) Offender hunts or fishes upon the same or
(c) large cattle
gathers fruits, cereals or other forest or
(4) The property stolen consists of coconuts
farm products in the estate or field; and
taken from the premises of a plantation
(4) That the hunting or fishing or gathering of
(5) The property stolen is fish taken from a
products is without the consent of the
fishpond or fishery
owner.
(6) The property is taken on the occasion of fire,
Corpus Delicti earthquake, typhoon, volcanic eruption, or
To be caught in possession of the stolen any other calamity, vehicular accident or
property is not an element of the corpus delicti civil disturbance.
in theft. Corpus delicti means the “body or
substance of the crime, and, in its primary sense, The penalty for qualified theft is 2 degrees
refers to the fact that the crime has been higher.
actually committed.”
314
Theft by domestic servant is always qualified. Elements:

There is no need to prove grave abuse of (a) Robbery or theft has been committed.
confidence. (b) The accused, who is not a principal or
accomplice in the crime of robbery or theft,
The abuse of confidence must be grave. There buys, receives, possesses, keeps, acquires,
must be allegation in the information and proof conceals, sells or disposes, or buys and
of a relation, by reason of dependence, sells, or in any manner deals in any article,
guardianship or vigilance, between the accused item, object, or anything of value, which
and the offended party that has created a high has been derived from the proceeds of the
degree of confidence between them, which the said crime.
accused abused. (c) The accused knows or should have known
that the said article, item, object or
Theft of any material, spare part, product or anything of value has been derived from
article by employees and laborers is heavily the proceeds of the crime of robbery or
punished under PD 133. theft.
(d) There is, on the part of the accused, intent
“Motor vehicle” - all vehicles propelled by power, to gain for himself or another.
other than muscular power. Theft of motor
vehicle may now fall under the Anti-Carnapping Mere possession of any good, article, item,
law. object, or anything of value which has been the
subject of robbery or thievery shall be prima
When the purpose of taking the car is to destroy facie evidence of fencing. [People v. Dizon-
it by burning it, the crime is arson. Pamintuan]
If a private individual took a letter containing Robbery/theft and fencing are separate and
postal money order, it is qualified theft. If it was distinct offenses.
the postmaster, to whom the letter was
delivered, the crime would be infidelity in the "Fence" – includes any person, firm, association,
custody of documents. corporation or partnership or other organization
who/which commits the act of fencing.
Regarding the theft of coconuts and fish, what
matters is not the execution, but the location Presumption of Fencing
where it is taken. It should be in the plantation Mere possession of any good, article, item,
or in the fishpond. object, or anything of value which has been the
PD 1612: ANTI-FENCING LAW facie evidence of fencing.
Exception
Fencing – The act ny person who, with intent to With Clearance or Permit to Sell
gain for himself or for another, shall buy, receive, Section 6. Clearance/Permit to Sell/Used
keep, acquire, conceal, sell, or dispose of, or Second Hand Articles. For purposes of this Act,
shall buy and sell or in any other manner deal in all stores, establishments or entities dealing in
any article, item, object, or anything of value the buy and sell of any good, article, item,
which he knows, or should be known to him, to object or anything of value obtained from an
have been derived from the proceeds of the unlicensed dealer or supplier thereof, shall
crime of robbery or theft. before offering the same for sale to the public,
315
secure the necessary clearance or permit from registered with the Land Transportation
the station commander of the Integrated Commission. Motor vehicles assembled and
National Police in the town or city where such rebuilt or repaired by replacement with motor
store, establishment or entity is located. The vehicle engines, engine blocks and chassis not
Chief of Constabulary/Director General, registered with the Land Transportation
Integrated National Police shall promulgate Commission shall not be issued certificates of
such rules and regulations to carry out the registration and shall be considered as untaxed
provisions of this section. Any person who fails imported motor vehicles or motor vehicles
to secure the clearance or permit required by carnapped or proceeding from illegal sources.
this section or who violates any of the provisions
of the rules and regulations promulgated Section 6. Original Registration of motor vehicles.
thereunder shall upon conviction be punished Any person seeking the original registration of a
as a fence. motor vehicle, whether that motor vehicle is
newly assembled or rebuilt or acquired from a
RA 6539: ANTI-CARNAPPING ACT registered owner, shall within one week after
the completion of the assembly or rebuilding
Registration job or the acquisition thereof from the
Section 3. Registration of motor vehicle engine, registered owner, apply to the Philippine
engine block and chassis. Within one year after Constabulary for clearance of the motor vehicle
the approval of this Act, every owner or for registration with the Land Transportation
possessor of unregistered motor vehicle or parts Commission. The Philippine Constabulary shall,
thereof in knock down condition shall register upon receipt of the application, verify if the
with the Land Transportation Commission the motor vehicle or its numbered parts are in the
motor vehicle engine, engine block and chassis list of carnapped motor vehicles or stolen motor
in his name or in the name of the real owner vehicle parts. If the motor vehicle or any of its
who shall be readily available to answer any numbered parts is not in that list, the Philippine
claim over the registered motor vehicle engine, Constabulary shall forthwith issue a certificate
engine block or chassis. Thereafter, all motor of clearance. Upon presentation of the
vehicle engines, engine blocks and chassis not certificate of clearance from the Philippine
registered with the Land Transportation Constabulary and after verification of the
Commission shall be considered as untaxed registration of the motor vehicle engine, engine
importation or coming from an illegal source or block and chassis in the permanent registry of
carnapped, and shall be confiscated in favor of motor vehicle engines, engine blocks and
the Government. chassis, the Land Transportation Commission
shall register the motor vehicle in accordance
All owners of motor vehicles in all cities and with existing laws, rules and regulations.
municipalities are required to register their cars
with the local police without paying any charges. Who are Liable
Section 5. Registration of sale, transfer, Duty of Collector of Customs

conveyance, substitution or replacement of a Section 7. Duty of Collector of Customs to report
motor vehicle engine, engine block or chassis. arrival of imported motor vehicle, etc. The
Every sale, transfer, conveyance, substitution or Collector of Customs of a principal port of entry
replacement of a motor vehicle engine, engine where an imported motor vehicle, motor vehicle
block or chassis of a motor vehicle shall be engine, engine block chassis or body is
316
unloaded, shall, within seven days after the together with the names and addresses of the
arrival of the imported motor vehicle or any of sources thereof.
its parts enumerated herein, make a report of
the shipment to the Land Transportation In the case of motor vehicle engines to be
Commission, specifying the make, type and mounted on motor boats, motor bancas and
serial numbers, if any, of the motor vehicle other light water vessels, the applicant shall
engine, engine block and chassis or body, and secure a permit from the Philippine Coast Guard,
stating the names and addresses of the owner which office shall in turn furnish the Land
or consignee thereof. If the motor vehicle engine, Transportation Commission the pertinent data
engine block, chassis or body does not bear any concerning the motor vehicle engines including
serial number, the Collector of Customs their type, make and serial numbers.
concerned shall hold the motor vehicle engine,
engine block, chassis or body until it is Definition of terms/Punishable Acts
numbered by the Land Transportation Carnapping – is the taking, with intent to gain,
Commission. of a motor vehicle belonging to another without
the latter's consent, or by means of violence
Duty of Importers Distributors and Sellers against or intimidation of persons, or by using
Section 8. Duty of importers, distributors and force upon things.
sellers of motor vehicles to keep record of stocks.
Any person engaged in the importation, Motor vehicle –is any vehicle propelled by any
distribution, and buying and selling of motor power other than muscular power using the
vehicles, motor vehicle engines, engine blocks, public highways, but excepting road rollers,
chassis or body, shall keep a permanent record trolley cars, street-sweepers, sprinklers, lawn
of his stocks, stating therein their type, make mowers, bulldozers, graders, fork-lifts,
and serial numbers, and the names and amphibian trucks, and cranes if not used on
addresses of the persons from whom they were public highways, vehicles, which run only on
acquired and the names and addresses of the rails or tracks, and tractors, trailers and traction
persons to whom they were sold, and shall engines of all kinds used exclusively for
render an accurate monthly report of his agricultural purposes. Trailers having any
transactions in motor vehicles to the Land number of wheels, when propelled or intended
Transportation Commission. to be propelled by attachment to a motor
vehicle, shall be classified as separate motor
Clearance and Permit vehicle with no power rating.
Section 10. Clearance and permit required for
assembly or rebuilding of motor vehicles. Any Defacing or tampering with a serial number – is
person who shall undertake to assemble or the erasing, scratching, altering or changing of
rebuild or cause the assembly or rebuilding of a the original factory-inscribed serial number on
motor vehicle shall first secure a certificate of the motor vehicle engine, engine block or
clearance from the Philippine Constabulary: chassis of any motor vehicle. Whenever any
Provided, That no such permit shall be issued motor vehicle is found to have a serial number
unless the applicant shall present a statement on its motor engine, engine block or chassis
under oath containing the type, make and serial which is different from that which is listed in the
numbers of the engine, chassis and body, if any, records of the Bureau of Customs for motor
and the complete list of the spare parts of the vehicles imported into the Philippines, that
motor vehicle to be assembled or rebuilt
317
motor vehicle shall be considered to have a and by imprisonment for not less than
defaced or tampered with serial number. seventeen years and four months and not more
than thirty years, when the carnapping is
Section 12. Defacing or tampering with serial committed by means of violence against or
numbers of motor vehicle engines, engine blocks intimidation of any person, or force upon things;
and chassis. It shall be unlawful for any person and the penalty of life imprisonment to death
to deface or otherwise tamper with the original shall be imposed when the owner, driver or
or registered serial number of motor vehicle occupant of the carnapped motor vehicle is
engines, engine blocks and chassis. killed in the commission of the carnapping.
Section 13. Penal Provisions. Any person who ARTICLE 311 - THEFT OF THE PROPERTY
violates any provisions of this Act shall be OF THE NATIONAL LIBRARY AND
punished with imprisonment for not less than NATIONAL MUSEUM
two years nor more than six years and a fine
equal in amount to the acquisition cost of the Theft of property of the National Museum and
motor vehicle, motor vehicle engine or any other National Library has a fixed penalty (arresto
part involved in the violation: Provided, That if mayor of fine of P200-500 or both) regardless
the person violating any provision of this Act is a of the property's value. But if it was with grave
juridical person, the penalty herein provided abuse of confidence, the penalty for qualified
shall be imposed on its president or secretary theft shall be imposed.
and/or members of the board of directors or any
of its officers and employees who may have
CHAPTER 4: USURPATION
directly participated in the violation.
ARTICLE 312 - OCCUPATION OF REAL
Any government official or employee who
directly commits the unlawful acts defined in
PROPERTY OR USURPATION OF REAL
this Act or is guilty of gross negligence of duty RIGHTS IN PROPERTY
or connives with or permits the commission of
Acts punishable under Art. 312:
any of the said unlawful act shall, in addition to
(1) Taking possession of any real property
the penalty prescribed in the preceding
belonging to another by means of violence
paragraph, be dismissed from the service with
against or intimidation of persons
prejudice to his reinstatement and with
(2) Usurping any real rights in property
disqualification from voting or being voted for in
any election and from appointment to any
against or intimidation of persons.
public office.
Elements:
Section 14. Penalty for Carnapping. Any person (a) Offender takes possession of any real
who is found guilty of carnapping, as this term property OR usurps any real rights in
is defined in Section two of this Act, shall, property
irrespective of the value of motor vehicle taken, (b) Real property or real rights belong to
be punished by imprisonment for not less than another
fourteen years and eight months and not more (c) Violence against or intimidation of persons
than seventeen years and four months, when is used by the offender in occupying real
the carnapping is committed without violence property or usurping real rights in property.
or intimidation of persons, or force upon things; (d) There is intent to gain.
318
(3) removing a fence

If no violence or intimidation only civil liability
exists. Violence or intimidation must be the CHAPTER 5: CULPABLE INSOLVENCY
means used in occupying real property or in
usurping real rights. ART. 314 - FRAUDULENT INSOLVENCY
Art. 312 does not apply when the violence or Elements:

intimidation took place subsequent to the entry (a) The offender is a debtor, and he has
into the property. obligations due and payable
(b) He absconds with his property
Art. 312 does not apply to a case of open (c) There is prejudice to his creditors
defiance of the writ of execution issued in the
forcible entry case. Actual prejudice, not intention alone, is required.
Even if the debtor disposes of his property,
Criminal action for usurpation of real property is unless it is shown that it has actually prejudiced
not a bar to civil action for forcible entry. his creditor, conviction will not lie.
RA 947 punishes entering or occupying public Fraudulent concealment of property is not

agricultural land including lands granted to sufficient if the debtor has some property with
private individuals. which to satisfy his obligation.
Usurpation Theft or Robbery “Abscond” – does not require that the debtor
should depart and physically conceal his
Act Occupation or Taking or property. Real property could be the subject
Usurpation asportation matter of Art. 314.
What is Real property or Personal
Taken Real Right property The person prejudiced must be creditor of the
offender.
Intent To Gain To Gain
Art 314 Insolvency law

ARTICLE 313 - ALTERING BOUNDARIES
OR LANDMARKS No need for Crime should be
insolvency committed after the
Elements: proceedings. institution of insolvency
(a) There are boundary marks or monuments proceedings
of towns, provinces, or estates, or any No need to be
other marks intended to designate the adjudged bankrupt
boundaries of the same. or insolvent
(b) The offender alters said boundary marks.
Provision does not require intent to gain.
The word “alter” may include:

(1) destruction of stone monument
(2) taking it to another place
319
CHAPTER 6: SWINDLING AND OTHER (a) Money, goods, or other personal property
DECEITS is received by the offender in trust, or in
commission, or for administration, or
under any other obligation involving the
ARTICLE 315 - ESTAFA
duty to make delivery of, or to return, the
Elements of Estafa in General: same;
(a) The accused defrauded another (b) There is misappropriation or conversion of
(1) by abuse of confidence; or such money or property by the offender, or
(2) by means of deceit; and denial on his part of such receipt;
(b) The damage or prejudice capable of (c) Such misappropriation or conversion or
pecuniary estimation is caused to the denial is to the prejudice of another; and
offended party or third person. (d) There is a demand made by the offended
party to the offender
With Unfaithfulness or Abuse of Confidence (315 The 4th element is not necessary when there is
par. 1(a) (b) (c)) evidence of misappropriation of goods by the
defendant.
Par 1(a): Altering substance, quantity or quality of

Check is included in the word “money”.
object subject of obligation to deliver
Elements of estafa with unfaithfulness
Money, goods or other personal property must
(a) Offender has an onerous obligation to
be received by the offender under certain kinds
deliver something of value.
of transaction transferring juridical possession
(b) He alters its substance, quantity, or quality
to him.
(c) Damage or prejudice is caused to another
The offender acquires both physical possession
Deceit is NOT an essential element of estafa
and juridical possession when the thing is
with abuse of confidence.
received by the offender from the offended
party
Damage or prejudice must be capable of
(1) in trust, or
estimation, because it is the basis of the penalty.
(2) on commission, or
(3) for administration,
Delivery of anything of value must be “by virtue
of an onerous obligation to do so”.
“Juridical possession” – means a possession
which gives the transferee a right over the thing
It is not estafa if the thing delivered is not
which he may invoke even as against the owner.
acceptable to the complainant when there is no
agreement as to its quality.
When the delivery of a chattel does not transfer
juridical possession/title, it is presumed that the
Estafa may arise even if thing delivered is not
possession/title of the thing remain w/ owner.
subject of lawful commerce, such as opium.
Failure to turn over to the bank the proceeds of
Par.1(b): Misappropriation and Conversion sale of goods covered by trust receipts is estafa.
Elements of estafa with abuse of confidence
320
The phrase “or under any obligation involving should not be confused with criminal intent.
the duty to make delivery of, or to return the Criminal intent is required for the conviction of
same”, includes quasi-contracts and certain estafa. Earnest effort to comply with obligation
contracts of bailment. The obligation to return is a defense against estafa. [Manahan vs CA
the thing must be contractual but without (1996)]
transferring to accused ownership of the thing.
3 Ways of Committing Estafa With Abuse Of
When ownership is transferred to recipient, his Confidence Under Art. 315 Par. (B):
failure to return it results in civil liability only. (1) Misappropriating the thing received.
(2) Converting the thing received.
Applicable Civil Code provisions: (3) Denying that the thing was received.
(1) Art. 1477. The ownership of the thing sold
shall be transferred to the vendee upon “Misappropriating” – means to own, to take
actual or constructive delivery thereof. something for one's own benefit.
(2) Art. 1482. Whenever earnest money is
given in a contract of sale, it shall be “Converting” – Using or disposing of another’s
considered as part of the price and as proof property as if it were one’s own.
of the perfection of the contract.
“Conversion” – presupposes that the thing has
In estafa with abuse of confidence under par. (b), been devoted to a purpose or use different from
subdivision 1 of Art. 315, the thing received must that agreed upon.
be returned if there is an obligation to return it.
The fact that an agent sold the thing received
If no obligation to return there is only civil on commission for a lower price than the one
liability. fixed, does not constitute estafa (US v Torres).
The law does not distinguish between

No estafa when: temporary and permanent misappropriations.
(1) Transaction sale fails. There is no estafa if
the accused refused to return the advance No estafa under Art. 315 par (b) when there is
payment. neither misappropriation nor conversion.
(2) The money or personal property received
by accused is not to be used for a particular Right of agent to deduct commission from
purpose or to be returned. amounts
(3) Thing received under a contract of sale on (1) If agent is authorized to retain his
credit commission out of the amounts he
collected, there is no estafa.
Payment by students to the school for the value
(2) Otherwise he is guilty of estafa, because his
of materials broken is not mere deposit.
right to commission does not make the
agent a co-owner of money
Novation of contract of agency to one of sale, or
to one of loan, relieves defendant from incipient
3rd element of estafa with abuse of confidence
criminal liability under the first contract.
is that the conversion, or denial by offender
resulted in the prejudice of the offended party.
He exerted all efforts to retrieve dump truck,
albeit belatedly and to no avail. His ineptitude
321
“To the prejudice of another” – not necessarily when the explanation of the accused is
of the owner of the property. absolutely devoid of merit.
General rule: Partners are not liable for estafa of The mere failure to return the thing received for
money or property received for the partnership safekeeping or under any other obligation w/
when the business commenced and profits the duty to return the same or deliver the value
accrued. Failure of partner to account for thereof to the owner could only give rise to a
partnership funds may give rise to civil civil action and does not constitute the crime of
obligation only, not estafa. estafa.
Exception: When a partner misappropriates the There is no estafa through negligence.

share of another partner in the profits, the act
constitutes estafa. The gravity of the crime of estafa is based on
the amount not returned before the institution
A co-owner is not liable for estafa, but he is of the criminal action.
liable if, after the termination of the co-
ownership, he misappropriates the thing which Test to distinguish theft from estafa:
has become the exclusive property of the other.
In theft, upon the delivery of the thing to the
Estafa with abuse of offender, the owner expects a return of the
Theft thing to him.
confidence
With juridical Only with physical / General rule: When the owner does not expect
possession of thing material possession of the immediate return of the thing he delivered
misappropriated thing misappropriated to the accused, the misappropriation of the
Offender receives the Offender takes the thing same is estafa.
thing from the victim
Exception: When the offender received the thing
But when the money or property had been from the offended party, with the obligation to
received by a partner for specific purpose and deliver it to a third person and, instead of doing
he misappropriated it, there is estafa. so, misappropriated it to the prejudice of the
owner, the crime committed is qualified theft.
Under the 4th element of estafa with abuse of
confidence demand may be required. Sale of thing received to be pledged for owner is
theft, when the intent to appropriate existed at
In estafa by means of deceit, demand is not the time it was received.
needed, because the offender obtains the thing
wrongfully from the start. In estafa with abuse Estafa with abuse of
Malversation
of confidence, the offender receives the thing confidence
under a lawful transaction. Entrusted with funds
or property
Demand is not required by law, but it may be
necessary, because failure to account upon Both are continuing
demand is circumstantial evidence of offenses
misappropriation. Presumption arises only
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Funds or property are Funds or property Estafa by Means of False Pretenses or Fraudulent
always private usually public Acts (315 par. 2(a) (b) (c) (d) (e); BP22):
Offender is a private Offender is a public Elements of estafa by means of deceit:

individual or public officer accountable for (a) There is a false pretense, fraudulent act or
officer not public funds or property fraudulent means.
accountable for public (b) Such false pretense, fraudulent act or
funds or property fraudulent means was made or executed
Committed by Committed by prior to or simultaneously with the
misappropriating, misappropriating, or commission of the fraud.
converting or denying thru abandonment or (c) Offended party relied on the false pretense,
having received negligence, letting fraudulent act, or fraudulent means, that
money, other personal other person to take the is, he was induced to part with his money
property public funds or property or property because of such
(d) As a result thereof, the offended party
There is no estafa There can be
suffered damage.
through negligence. malversation through
abandonment or
The acts must be fraudulent. Acts must be
negligence.
founded on deceit, trick, or cheat, and such
must be made prior to or simultaneously with
When in prosecution for malversation the public the commission of the fraud.
officer is acquitted, the private individual in
conspiracy w/ him may be held liable for estafa, In false pretenses the deceit consists in the use
depending on the nature of the funds. of deceitful words, in fraudulent acts the deceit
consists principally in deceitful acts. The
Misappropriation of firearms received by a police fraudulent acts must be performed prior to or
(1) ESTAFA: if it is not involved in the simultaneously with the commission of the
commission of a crime fraud.
(2) MALVERSATION: if it is involved in the
commission of a crime. The offender must be able to obtain something
from the offended party because of the
fraudulent acts.
Par.1(c): Taking advantage of signature in blank
Elements:
Knowledge of criminal intent of the principal is
(a) Paper with the signature of the offended
essential to be convicted as an accomplice in
party is in blank.
estafa through falsification of commercial
(b) Offended party delivered it to the offender.
document. There must be knowing assistance in
(c) Above the signature of the offended party
the execution of the offense. [Abejuela vs People
a document is written by the offender
(1991)]
without authority to do so.
(d) The document so written creates a liability
In a tenant-landowner relationship, it was
of, or causes damage to, the offended
incumbent upon the tenant to hold in trust and,
party or any third person.
eventually, account for the share in the harvest
appertaining to the landowner, failing which the
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tenant could be held liable for (1) be made prior to, or, at least
misappropriation. simultaneously with,
(2) the delivery of the thing by the complainant.
In [People v. Vanzuela (2008)], it was ruled that
share tenancy has been outlawed for being It is essential that such false statement or
contrary to public policy as early as 1963, with fraudulent representation constitutes the cause
the passage of R.A. 3844. What prevails today, or only motive which induced the complainant
under R.A. 6657, is agricultural leasehold to part with the thing. If there be no such prior
tenancy relationship, and all instances of share or simultaneous false statement or fraudulent
tenancy have been automatically converted into representation, any subsequent act of the
leasehold tenancy. In such a relationship, the accused, however fraudulent and suspicious it
tenant’s obligation is simply to pay rentals, not may appear, cannot serve as a basis for
to deliver the landowner’s share. Given this prosecution for this class of estafa.
dispensation, the petitioner’s allegation that the
respondents misappropriated the landowner’s A creditor who deceived his debtor is liable for
share of the harvest is untenable. Accordingly, estafa.
the respondents cannot be held liable under
Article 315, paragraph 4, No. 1(b) of the RPC. In estafa by means of deceit under Art. 315 2(a),
there must be evidence that the pretense of the
It is well established in jurisprudence that a accused is false. Without such proof, criminal
person may be convicted of both illegal intent to deceive cannot be inferred. Fraud must
recruitment and estafa. The reason, therefore, is be proved with clear and positive evidence.
not hard to discern: illegal recruitment is
malum prohibitum, while estafa is malum in Estafa through false pretenses made in writing
se. [Lapasaran v. People (2009)] is only a simple crime of estafa, not a complex
crime of estafa through falsification.
Par 2(a): Using fictitious name or false pretenses

at power, influence… or other similar deceits Par 2(b): by altering the quality, fineness or weight
Ways of committing the offense: of anything pertaining to art or business
(1) By using fictitious name;
(2) By falsely pretending to possess:
(a) power, Par. 2(c): by pretending to have bribed any
(b) influence, government employee
(c) qualifications,
(d) property, Manipulation of scale is punished under the
(e) credit, Revised Administrative Code.
(f) agency,
(g) business or imaginary transactions; Person would ask money from another for the
(3) By means of other similar deceits. alleged purpose of bribing a government
employee but just pocketed the money.
For estafa under Art. 315 par. 2(a), it is
indispensable that the false statement or
fraudulent representation of the accused,
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Par 2(d): By postdating a check or issuing a

bouncing check Good faith is a defense in a charge of estafa by
postdating or issuing a check. One who got hold
Elements: of a check issued by another, knowing that the
(a) Offender postdated a check, or issued a drawer had no sufficient funds in the bank, and
check in payment of an obligation; used the same in the purchase of goods, is
(b) Such postdating or issuing a check was guilty of estafa. [People v. Isleta]
done when the offender had no funds in
the bank, or his funds deposited therein PD 818, which increases the penalty for estafa
were not sufficient to cover the amount of committed by means of bouncing checks,
the check. applies only to estafa under par 2(d) of Art. 315,
and does not apply to other forms of estafa.
The check must be genuine, and not falsified. [People v Villaraza, 81 SCRA 95] Hence, the
penalty prescribed in PD 818, not the penalty
The check must be postdated or for an provided for in Art. 315, should be imposed
obligation contracted at the time of the when the estafa committed is covered by par
issuance and delivery of the check and not for 2(d) of Art. 315.
pre-existing obligation.
Estafa by issuing a bad check is a continuing
Exception: crime.
(1) When postdated checks are issued and
intended by the parties only as promissory BP 22 (ANTI-BOUNCING CHECKS LAW)
notes
(2) When the check is issued by a guarantor Punishable Acts
(1)
The accused must be able to obtain something (a) A person makes or draws and issues
from the offended party by means of the check any check to apply on account or for
he issues and delivers. value;
(b) He knows at the time of issuance
The mere fact that the drawer had insufficient that he does not have sufficient
or no funds in the bank to cover the check at the funds in or credit with the drawee
time he postdated or issued a check is sufficient bank for the payment of such check
to make him liable for estafa. in full upon its presentment; and
(c) (c)The check is subsequently
RA 4885 deleted the phrase “the offender dishonored by the drawee bank for
knowing at the time he had no funds in the insufficiency of funds or credit or
bank”: would have been dishonored for the
(1) The failure of the drawer to deposit the same reason had not the drawer,
amount needed to cover his check without any valid reason, ordered the
(2) Within 3 days from receipt of notice of bank to stop payment.
dishonor of check for lack or insufficiency of (2)
funds (a) A person has sufficient funds in or
(3) Shall be prima facie evidence of deceit credit with the drawee bank when he
constituting false pretense or fraudulent makes or draws and issues a check;
act.
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(b) He fails to keep sufficient funds or to In a subsequent Administrative Circular

maintain a credit to cover the full (Administrative Circular No. 13-2001 Re
amount of the check if presented Clarification for Admin. Circular 12-2000), the
within a period of ninety (90) days Court clarified that:
from the date appearing thereon; (1) A.C. 12-2000 does not remove
(c) For which reason, the check is imprisonment as an alternative penalty for
dishonored by the drawee bank. violations of B.P. Blg. 22;
Where the check is drawn by a corporation, (2) The Judges concerned may, in the exercise
company or entity, the person or persons who of sound discretion, and taking into
actually signed the check in behalf of such consideration the peculiar circumstances of
drawer shall be liable. each case, determine whether the
imposition of a fine alone would best serve
the interests of justice or whether
Evidence of Knowledge of Insufficient Funds forbearing to impose imprisonment would
The making, drawing and issuance of a check depreciate the seriousness of the offense,
payment of which is refused by the drawee work violence on the social order, or
because of insufficient funds in or credit with otherwise be contrary to the imperatives of
such bank, when presented within ninety (90) justice;
days from the date of the check, shall be prima (3) Should only a fine be imposed and the
facie evidence of knowledge of such accused be unable to pay the fine, there is
insufficiency of funds or credit unless such no legal obstacle to the application of the
maker or drawer pays the holder thereof the Revised Penal Code provisions on subsidiary
amount due thereon, or makes arrangements imprisonment.
for payment in full by the drawee of such check
within (5) banking days after receiving notice Double jeopardy does not apply because estafa
that such check has not been paid by the in RPC is a distinct crime from BP 22. Deceit
drawee. and damage are essential elements of RPC,
which are not required in BP 22. [Nierras vs
Dacuycuy (1990)]
Preference of Imposition of Fine
The decision by Supreme Court in Vaca vs. CA
modified the sentence imposed for violation of ESTAFA THROUGH OTHER FRAUDULENT
B.P. Blg. 22 by deleting the penalty of MEANS (315 PAR 3 (A) (B) (C))
imprisonment and imposing only the penalty of
Par 3 (a): By inducing another, through deceit, to
fine in an amount double the amount of the
sign any document
check. In justification thereof, the Court said:
Elements:
Petitioner are first-time offenders. In Lim vs.
(a) Offender induced the offended party to
People of the Philippines, the Court deleted the
sign a document.
penalty of imprisonment and sentenced the
(b) Deceit was eployed to make offended party
drawer of the bounced check to the maximum
sign the document.
of the fine allowed by B.P. Blg. 22, i.e.,
(c) Offended party personally signed the
P200,000, and concluded that “such would
document.
best serve the ends of criminal justice. (A.C. 12-
(d) Prejudice was caused.
2000 Re: Penalty for Violation of B.P. 22)
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Offender must induce the offended party to sign

the document. If offended party is willing from The element of damage or prejudice capable of
the start to sign the document, because the pecuniary estimation may consist in:
contents are different from those which the (1) The offended party being deprived of his
offended told the accused to state in the money or property, as result of the fraud;
document, the crime is falsification. (2) Disturbance in property right; or
(3) Temporary prejudice
There can be no conviction for estafa in the
absence of proof that defendant made Payment subsequent to the commission of
statements tending to mislead complainant. estafa does not extinguish criminal liability or
reduce the penalty.
Par.3 (b): By resorting to some fraudulent practice The crime of estafa is not obliterated by
to ensure success in a gambling game acceptance of promissory note.
A private person who procures a loan by means

Par.3 (c): By removing, concealing or destroying
of deceit through a falsified public document of
any court record, office files, document or any
mortgage, but paid loan within the period
other papers
agreed upon, is not guilty of estafa but only
Elements:
falsification of a public document.
(a) There are court record, office files,
documents or any other papers.
Accused cannot be convicted of estafa with
(b) The offender removed, concealed or
abuse of confidence if charged w/ estafa by
destroyed any of them.
means of deceit
(c) The offender had Intent to defraud another.
If there is no malicious intent to defraud, the ARTICLE 316 - OTHER FORMS OF

destruction of court record is malicious mischief. SWINDLING AND DECEITS
Par 1. By conveying, selling, encumbering, or

Elements of deceit and abuse of confidence may
mortgaging any real property, pretending to be
co-exist.
the owner of the same
Elements:
If there is neither deceit nor abuse of confidence,
(a) The thing is immovable, such as a parcel of
it is not estafa, even if there is damage. There is
land or a building.
only civil liability.
(b) Offender who is not the owner of said
property represents that he is the owner
Deceit through Infidelity in Custody thereof.
Fraudulent Means of Documents (c) Offender executed an act of ownership
Offender is a private Offender is a public (selling, encumbering or mortgaging the
person OR a public person entrusted real property).
person not entrusted w/ with the documents (d) The act was made to the prejudice of the
documents owner or a third person.
There is intent to defraud Intent to defraud is The thing disposed of must be real property. If it
not required is chattel, crime is Estafa.
327
Usurious loan with equitable mortgage is not an

There must be existing real property. encumbrance on the property.
Even if the deceit is practiced against the If 3rd element not established, there is no crime.
second purchaser but damage is incurred by the
first purchaser, there is violation of par.1 of Art. There must be damage caused. It is not
316. necessary that act prejudice the owner of the
land.
Since the penalty is based on the “value of the
damage” there must be actual damage caused. The omitted phrase “as free from encumbrance”
in par 2 of Art. 316 is the basis of the ruling that
silence as to such encumbrance does not involve
Par. 2. By disposing of real property as free from a crime.
encumbrance, although such encumbrance be not
recorded
Elements: Par. 3. By wrongfully taking by the owner of his
(a) The thing disposed of is real property. personal property from its lawful possessor
(b) Offender knew that the real property was Elements:
encumbered, whether the encumbrance is (a) Offender is the owner of personal property.
recorded or not. (b) Said property is in the lawful possession of
(c) There was express representation by the another.
offender that the real property is free from (c) Offender wrongfully takes it from its lawful
encumbrance. possessor.
(d) Act of disposing of the real property was (d) Prejudice is thereby caused to the lawful
made to the damage of another. possessor or third person.
Act constituting the offense is disposing of the Offender must wrongfully take the personal
real property representing that it is free from property from the lawful possessor. Wrongfully
encumbrance. take does not include the use of violence or
intimidation.
“Dispose” – includes encumbering or
mortgaging. If the thing is taken by means of violence,
without intent to gain, it is not estafa, but grave
“Encumbrance” – includes every right or coercion.
interest in the land which exists in favor of third
persons. If the owner took the personal property from its
lawful possessor without the latter’s knowledge
The offended party would not have granted the and later charged him with the value of the
loan had he known that the property was property, the crime is theft. If there is intent to
already encumbered. When the loan had charge the bailee with its value, the crime is
already been granted when defendant offered robbery. [US v Albao]
the property as security for the loan, Art. 316 par.
2 is not applicable.
328
Par. 4. By executing any fictitious contract to the (c) He sells, mortgages, or, in any other
prejudice of another manner encumbers said real property.
Elements: (d) That such sale, mortgage, or
(a) Offender executes a contract encumbrance is
(b) Contract is fictitious (1) Without express authority from the
(c) Prejudice is caused. court, or
(2) Made before the cancellation of his
Illustration: A person who simulates a bond, or
conveyance of his property to another to (3) Before being relieved from the
defraud his creditors. If the conveyance is real obligation contracted by him.
and not simulated, the crime is fraudulent
insolvency. There must be damage caused under Art. 316.
Par. 5. By accepting any compensation for services Estafa under PD 1689: Increasing the Penalty for
not rendered or for labor not performed Certain Forms of Swindling or Estafa
Elements:
(a) Offender accepts any compensation for Syndicated estafa
services or labor (1) Estafa or other forms of swindling as
(b) He did not render any service or perform defined by Art. 315 and 316 RPC was
any labor committed;
(2) The swindling is committed by a syndicate
There must be fraud. Otherwise, it will only be consisting of five or more persons formed
solutio indebiti, with civil obligation to return with the intention of carrying the unlawful
the wrong payment. or illegal
act/transaction/enterprise/scheme; and
If the money in payment of a debt was delivered (3) The defraudation results in the
to a wrong person, Art. 316 par 5 is not misappropriation of money contributed by
applicable. stockholders, or members of rural banks,
cooperative, “samahang nayon(s)”, or
In case the person who received it later refused farmers association, or of funds solicited by
or failed to return it to the owner of the money, corporations/associations from the general
Art. 315 subdivision 1(b) is applicable. public.
Penalty: Life imprisonment to death
Par. 6. By selling, mortgaging or encumbering real Large-scale Estafa

property or properties with which the offender (1) Estafa or other forms of swindling as
guaranteed the fulfilment of his obligation as defined by Art. 315 and 316 RPC was
surety committed;
Elements: (2) The swindling is NOT committed by a
(a) Offender is a surety in a bond given in a syndicate as defined above;
criminal or civil action. (3) The defraudation results in the
(b) He guaranteed the fulfillment of such misappropriation of money contributed by
obligation with his real property or stockholders, or members of rural banks,
properties. cooperative, “samahang nayon(s)”, or
329
farmers association, or of funds solicited by The deceits in this article include false
corporations/associations from the general pretenses and fraudulent acts.
public; and
(4) Amount of fraud exceeds Php. 100,000 Chattel Mortgage
Penalty: Reclusion temporal to reclusion The object of the Chattel Mortgage Law is to
perpetua give the necessary sanction to the statute, so
that mortgage debtors may be deterred from
ARTICLE 317 - SWINDLING OF A MINOR violating its provisions and mortgage creditors
may be protected against loss or inconvenience
Elements: from wrongful removal or sale of mortgaged
(a) Offender takes advantage of the property.
inexperience or emotions or feelings of a
minor. CHAPTER 7: CHATTEL MORTGAGE
(b) He induces such minor
(1) to Assume an obligation, or
ARTICLE 319 - REMOVAL, SALE, OR
(2) to Give release, or
PLEDGE OF MORTGAGED PROPERTY
(3) to Execute a transfer of any property
right. Acts punishable under Art. 319:
(c) That the consideration is (1) By knowingly removing any personal
(1) some loan of money, property mortgaged under the Chattel
(2) Credit, or Mortgage Law to any province or city other
(3) Other personal property. than the one in which it was located at the
(d) That the transaction is to the detriment of time of execution of the mortgage, without
such minor. the written consent of the mortgagee or his
executors, administrators or assigns.
Real property is not included because only (2) By selling or pledging personal property
money, credit and personal property are already pledged, or any part thereof, under
enumerated, and because a minor cannot the terms of the Chattel Mortgage Law,
convey real property without judicial authority. without the consent of the mortgagee
written on the back of the mortgage and
ARTICLE 318 - OTHER DECEITS noted on the record thereof in the office of
the register of deeds of the province where
Acts punished:
such property is located.
(1) By defrauding or damaging another by any
other deceit not mentioned in the
Chattel mortgage must be valid and subsisting.
preceding articles.
If chattel mortgage does not contain an affidavit
(2) By interpreting dreams, by making
of good faith and is not registered, it is void and
forecasts, by telling fortunes, or by taking
cannot be prosecuted under Art 319
advantage of the credulity of the public in
any other manner, for profit or gain.
Any other kind of conceivable deceit may fall

under this article. As in other cases of estafa,
damage to the offended party is required.
330
Elements of knowingly removing mortgaged

personal property: The consent of the mortgagee must be
(a) Personal property is mortgaged under the (1) in writing,
Chatter Mortgage Law. (2) on the back of the mortgage, and
(b) Offender knows that such property is so (3) noted on the record thereof in the office of
mortgaged. the register of deeds.
(c) He removes such mortgaged personal
property to any province or city other than Damage is NOT essential.
the one in which it was located at the time
of the execution of the mortgage. Chattel mortgage may give rise to estafa by
(d) The removal is permanent. means of deceit.
(e) There is no written consent of the
mortgagee or his executors, administrators Art 319 Art 316 Estafa
or assigns to such removal.
In both there is selling
A person other than the mortgagor who of a mortgaged
removed the property to another province, property.
knowing it to be mortgaged, may be liable. The Personal property Property involved is
removal of the mortgaged personal property real property(Art. 316
must be coupled with intent to defraud. par 2)
Committed by the Committed by selling
No felonious intent if transfer of personal
mere failure to obtain real property
property is due to change of residence.
consent of the mortgaged as free,
mortgagee in writing, even though the
If the mortgagee opted to file for collection, not
even if offender should vendor may have
foreclosure, abandoning the mortgage as basis
inform the purchaser obtained the consent
for relief, the removal of property to another
that the thing sold is of the mortgagee in
province is not a violation of Art 319 par1.
mortgaged writing.
In estafa, the property involved is real property. Purpose: to protect the Purpose: to protect the
In sale of mortgaged property, it is personal mortgagee purchaser (1st or 2nd)
property.
CHAPTER 8: ARSON AND OTHER
Elements of selling or pledging personal property CRIMES INVOLVING DESTRUCTION
already pledged:
(a) Personal property is already pledged under Articles 320-326-B have been repealed by PD
the terms of the Chattel Mortgage Law. 1613 (Amending the Law on Arson)
(b) The offender, who is the mortgagor of such
property, sells or pledges the same or any KINDS OF ARSON:
part thereof. (1) Arson (PD 1613, Sec. 1)
(c) There is no consent of the mortgagee (2) Destructive arson (Art. 320, as amended by
written on the back of the mortgage and RA 7659)
noted on the record thereof in the office of (3) Other cases of arson (Sec. 3, PD 1613)
the register of deeds.
331
PD 1613, §1. ARSON How is the crime of Arson proved?
Section 1. Arson. Any person who burns or sets In the prosecution for Arson, proof of the crime
fire to the property of another shall be punished charged is complete where the evidence
by Prision Mayor. establishes:
(1) the corpus delicti, i.e., a fire because of
The same penalty shall be imposed when a criminal agency; and
person sets fire to his own property under (2) the identity of the defendant as the one
circumstances which expose to danger the life responsible for the crime.
or property of another.
In Arson, the corpus delicti rule is satisfied by
proof of the bare fact of the fire and of it having
Attempted, Frustrated, and Consummated Arson been intentionally caused. [Gonzales, Jr. v.
People, 2007]
Attempted arson – A person, intending to burn
a wooden structure, collects some rags, soaks PD 1613, §2. DESTRUCTIVE ARSON
them in gasoline and places them beside the
wooden wall of the building. When he was SEC. 2. Destructive Arson—The penalty of
about to light a match to set fire to the rags, he Reclusion Temporal in its maximum period to
is discovered by another who chases him away. Reclusion Perpetua shall be imposed if the
In attempted arson, it is not necessary that property burned is any of the following:
there be a fire. (1) Any ammunition factory and other
establishment where explosives,
Frustrated arson – If that person is able to light inflammable or combustible materials are
or set fire to the rags, but the fire was put out stored.
before any part of the building was burned. (2) Any archive, museum, whether public or
private, or any edifice devoted to culture,
Consummated arson – If before the fire was put education or social services.
out, it had burned a part of the building. (3) Any church or place of worship or other
building where people usually assemble.
If the property burned is an inhabited house or (4) Any train, airplane or any aircraft, vessel or
dwelling, it is not required that the house be watercraft, or conveyance for
occupied by one or more persons and the transportation of persons or property.
offender knew it when the house was burned. (5) Any building where evidence is kept for use
in any legislative, judicial, or administrative
No complex crime of arson with homicide. If by or other official proceeding.
reason of or on the occasion of arson death (6) Any hospital, hotel, dormitory, lodging
results, the penalty of reclusion perpetua to house, housing tenement, shopping center,
death shall be imposed. Homicide is absorbed. public or private market, theater or movie
house or any similar place or building.
Any of 7 circumstances in Sec. 6 of PD 1613 is (7) Any building, whether used as a dwelling
sufficient to establish fact of arson if or not, situated in a populated or
unexplained. congested area.
332
SEC. 3. Other Cases of Arson—The penalty of are two separate and distinct crimes
Reclusion Temporal to Reclusion Perpetua shall committed – Homicide/Murder and Arson
be imposed if the property burned is any of the
following: CHAPTER 9 MALICIOUS MISCHIEF
(1) Any building used as offices of the
government or any of its agencies Malicious Mischief – It is the willful causing of
(2) Any inhabited house or dwelling damage to another’s property for the sake of
(3) Any industrial establishment, shipyard, oil causing damage because of hate, revenge or
well or mine shaft, platform or tunnel other evil motive.
(4) Any plantation, farm, pasture land,
growing crop, grain field, orchard, bamboo ARTICLE 327 - WHO ARE RESPONSIBLE
grove or forest;
(5) Any rice mill, sugar mill, cane mill or mill Elements of malicious mischief:
central (a) Offender deliberately caused damage to
(6) Any railway or bus station, airport, wharf or the property of another.
warehouse (b) Such act does not constitute arson or other
crimes involving destruction
Article 320, RPC, as amended, with respect to (c) The act of damaging another’s property
destructive arson, and the provisions of PD 1613 was committed merely for the sake of
respecting other cases of arson provide only one damaging it.
penalty for the commission of arson, whether
destructive or otherwise, where death results If there is no malice in causing damage, the
therefrom. The raison d’etre is that arson is itself obligation to pay for the damages is only civil
the end and death is simply the consequence. (Art. 2176)
In cases where both burning and death occur, in Damage means not only loss but also
order to determine what crime/crimes diminution of what is a man’s own. Thus,
was/were perpetrated – whether arson, murder, damage to another’s house includes defacing it.
or arson and homicide/murder, it is de rigueur [People v Asido]
to ascertain the main objective of the
malefactor: ARTICLE 328 - SPECIAL CASES OF
(a) if the main objective is the burning of the MALICIOUS MISCHIEF
building or edifice, but death results by
reason or on the occasion of arson, the Special cases of malicious mischief: (qualified
crime is simply Arson, and the resulting malicious mischief)
homicide is absorbed; (1) Causing damage to obstruct the
(b) if, on the other hand, the main objective is performance of public functions
to kill a particular person who may be in a (2) Using any poisonous or corrosive substance
building or edifice, when fire is resorted to (3) Spreading infection or contagion among
as the means to accomplish such goal, the cattle
crime committed is Murder only; and lastly, (4) Causing damage to property of the
(c) if the objective is, likewise, to kill a National Museum or National Library, or to
particular person, and in fact the offender any archive or registry, waterworks, road,
has already done so, but fire is resorted to promenade, or any other thing used in
as means to cover up the killing, then there common by the public.
333
ARTICLE 331 – DESTROYING OR

ARTICLE 329 - OTHER MISCHIEFS DAMAGING STATUES, PUBLIC
MONUMENTS OR PAINTINGS
Other mischiefs not included in Art. 328 are
punished based on value of the damage caused. Acts punished:
(1) Destroying or damaging statues or any
If the amount involved cannot be estimated, the other useful or ornamental public
penalty of arresto menor or fine not exceeding monument
P200 is fixed by law. (2) Destroying or damaging any useful or
ornamental painting of a public nature.
When several persons scattered coconut
remnants which contained human excrement The penalty is lower if the thing destroyed is a
on the stairs and floor of the municipal building, public painting, rather than a public monument.
including its interior, the crime committed is
malicious mischief under Art. 329. [People v CHAPTER 10: EXEMPTION FROM
Dumlao] CRIMINAL LIABILITY
ARTICLE 330 - DAMAGE AND ARTICLE 332 - EXEMPTION FROM

OBSTRUCTION TO MEANS OF CRIMINAL LIABILITY IN CRIMES AGAINST
COMMUNICATION PROPERTY
Committed by damaging any railway, telegraph, Crimes involved in the exemption:

or telephone lines. If the damage shall result in (1) Theft
any derailment of cars, collision, or other (2) Swindling (estafa)
accident, a higher penalty shall be imposed. (3) Malicious mischief
(Qualifying Circumstance)
If the crime is robbery, exemption does not lie.
Telegraph/phone lines must pertain to railways.
Persons exempt from criminal liability:
Q: What is the crime when, as a result of the (1) Spouses, ascendants and descendants, or
damage caused to railway, certain passengers relatives by affinity in the same line.
of the train are killed? (2) The widowed spouse with respect to the
A: It depends. Art. 330 says “without prejudice property which belonged to the deceased
to the criminal liability of the offender for other spouse before the same passed into the
consequences of his criminal act.” possession of another.
(3) Brothers and sisters and brothers-in-law
If there is no intent to kill, the crime is and sisters-in-law, if living together.
“damages to means of communication” with
homicide because of the first paragraph of Art. The law recognizes the presumed co-ownership
4 and Art. 48. of the property between the offender and the
offended party. There is no criminal, but only
If there is intent to kill, and damaging the civil liability.
railways was the means to accomplish the
criminal purpose, the crime is murder Art. 332 does not apply to a stranger who
participates in the commission of the crime.
334
ARTICLE 333 - ADULTERY

Stepfather and stepmother are included as
ascendants by affinity. [People v Alvarez; People Elements:
v Adame] (a) The woman is married;
(b) She has sexual intercourse with a man not
Guevarra: An adopted or natural child should her husband;
also be considered as included in the term (c) As regards the man with whom she has
“descendants” and a concubine or paramour sexual intercourse: he knows her to be
within the term “spouses”. married.
Art. 332 also applies to common-law spouses. LEGENDS:

[Art. 144, CC; People v Constantino] H – husband; W – wife; M - marriage
Offenders: Married woman and/or the man who
has carnal knowledge of her, knowing her to be
See again: RA 9372: Human Security Act on married, even if the M be subsequently declared
Punishable Acts of Terrorism, supra void. It is not necessary that there be a valid M
(i.e. void ab initio)
Title XI. Crimes against Essence of adultery: violation of the marital vow
Chastity
Gist of the crime: the danger of introducing
spurious heirs into the family, where the rights
(1) Art. 333: Adultery
of the real heirs may be impaired and a man
(2) Art. 334: Concubinage
may be charged with the maintenance of a
(3) Art. 336: Acts of Lasciviousness
family not his own. (US v. Mata)
(4) Art. 337: Qualified Seduction
(5) Art. 338: Simple Seduction
The offended party must be legally married to
(6) Art. 339: Acts of Lasciviousness with the
the offender at the time of the filing of the
consent of the offended party
complaint, even if the marriage be subsequently
(7) Art. 340: Corruption of minors
declared void.
(8) Art. 341: White Slave Trade
(9) Art. 342: Forcible Abduction
Each sexual intercourse constitutes a crime of
(10) Art. 343: Consented Abduction
adultery.
(11) Art. 344: Prosecution of the crimes of
Adultery
Abandonment without justification is not
(12) Art. 345: Civil Liability
exempting, but only mitigating. Both
(13) Art. 346: Liability of ascendants, guardians,
defendants are entitled to this mitigating
teachers, or other persons entrusted with
circumstance.
custody of the offended party
The man, to be guilty of adultery, must have
knowledge of the married status of the woman.
A married man who is not liable for adultery,

because he did not know that the woman is
married, may be held liable for concubinage.
335
Agreement to separate may be used as evidence

Acquittal of one of the defendants does not to show consent by the husband to the infidelity
operate as a cause of acquittal of the other. of his wife.
Under the law, there is no accomplice in Effect of death of paramour: Offending wife may
adultery. still be prosecuted. The requirement that both
offenders should be included in the complaint is
Direct proof of carnal knowledge is not absolute only when the two offenders are alive.
necessary. Circumstantial evidence is sufficient.
(i.e. love letters signed by the paramour, photos Effect of death of offended party: The
showing intimate relations, testimony of proceedings may continue. Art. 353 seeks to
witnesses) protect the honor and reputation not only of the
living but of dead persons as well.
Pardon by the H does not exempt the
adulterous W and her paramour from criminal ARTICLE 334 - CONCUBINAGE
liability for adulterous acts committed
subsequent to such pardon, because the pardon Elements:
refers to previous and not to subsequent (1) The man is married;
adulterous acts (2) He is either:
(a) keeping a mistress in the conjugal
dwelling;
Effect of Pardon - applies to Concubinage as well: (b) Having sexual intercourse under
(1) The pardon must come before the scandalous circumstance with a
institution of the criminal prosecution; and woman not his wife;
(2) Both the offenders must be pardoned by the (c) Cohabiting with her in any other place;
offended party. Act of sexual intercourse (3) As regards the woman, she knows him to be
subsequent to adulterous conduct is married.
considered as an implied pardon.
(3) Pardon of the offenders by the offended Offenders: married man and the woman who
party is a bar to prosecution for adultery or knows him to be married.
concubinage.
(4) Delay in the filing of complaint, if The woman only becomes liable if she knew him
satisfactorily explained, does not indicate to be married prior to the commission of the
pardon. crime.
Effect of consent: In the 3rd way of committing the crime, mere

The husband, knowing that his wife, after cohabitation is sufficient; Proof of scandalous
serving sentence for adultery, resumed living circumstances not necessary. [People v. Pitoc, et.
with her co-defendant, did nothing to interfere al.]
with their relations or to assert his rights as
husband. The second charge of adultery should A married man is not liable for concubinage for
be dismissed because of consent. [People v. mere sexual relations with a woman not his wife.
Sensano and Ramos] A man would only be guilty of concubinage if he
appeared to be guilty of any of the acts
punished in Art. 334.
336
A married man who is not liable for adultery Scandal produced by the concubinage of H:
because he did not know that the woman was (1) H and mistress live in the same room of a
married, may be held liable for concubinage. If house
the woman knew that the man was married, she (2) They appear together in public,
may be held liable for concubinage as well. (3) Perform acts in sight of the community
which give rise to criticism and general
Mistress – a woman taken by the accused to live protest among the neighbors.
with him in the conjugal dwelling as his
mistress/concubine. [People v. Bacon and People When spies are employed for the purpose of
v. Hilao] watching the conduct of the accused and it
appearing that none of the people living in the
Keeping a mistress in the conjugal dwelling – no vicinity has observed any suspicious conduct,
positive proof of sexual intercourse is necessary there is no evidence of scandalous
circumstances. [US v. Campos Rueda]
Conjugal Dwelling – the home of the H and the
W even if the wife appears to be temporarily Reason: Adultery is punished more severely
absent on any account. than concubinage because adultery makes
possible the introduction of another man’s
The dwelling of the spouses was constructed offspring into the family so that the offended H
from the proceeds of the sale of their conjugal may have another man’s son bearing H’s name
properties. and receiving support from him.
The fact that W never had a chance to reside
therein and that H used it with his mistress ARTICLE 336 - ACTS OF LASCIVIOUSNESS
instead, does not detract from its nature.
[People v. Cordova (1959)] Elements:
(a) The offender commits any act of
Cohabit – to dwell together as H and W for a lasciviousness or lewdness;
period of time (i.e. A week, a month, year or (b) The act is committed against a person of
longer) either sex;
(c) It is done under any of the ff.
Scandalous circumstances – Scandal consists in circumstances:
any reprehensible word or deed that offends (1) By using force or intimidation; or
public conscience, redounds to the detriment of (2) When the offended party is deprived of
the feelings of honest persons, and gives reason or otherwise unconscious;
occasion to the neighbors’ spiritual damage or (3) By means of fraudulent machination
ruin. [People v. Santos] or grave abuse of authority
(4) When the offended party is under 12
It is only when the mistress is kept elsewhere years of age or is demented.
(outside the conjugal dwelling) that
“scandalous circumstances” become an Lewd – obscene, lustful, indecent, lecherous;
element of the crime. [US v. Macabagbag] signifies form of immorality which has relation
to moral impurity or that which is carried in
Qualifying expression: Sexual act which may be wanton manner
proved by circumstantial evidence
337
Motive of lascivious acts is not important Same means of

because the essence of lewdness is in the very committing the crime:
act itself. (1) Force, threat, or
intimidation is
Example: If the kissing etc. was done inside employed; or
church (which is a public place), absence of (2) By means of
lewd designs may be proven, and the crime is fraudulent
unjust vexation only. But if the kissing was done machination or grave
in the house of a woman when she was alone, abuse of authority; or
the circumstances may prove the accused’s (3) The offended party
lewd designs. is deprived of reason or
otherwise unconscious;
Absent any of the circumstances of rape under or
the 3rd element, the crime is UNJUST VEXATION. (4) Victim is under 12
(e.g. touching of breast) yrs. of age or is
demented
Lascivious intent is implied from the nature of
the act and the surrounding circumstances. Offended party is a
person of either sex.
Consider the act and the environment to The performance of
distinguish between Acts of Lasciviousness and acts of lascivious
Attempted Rape. Desistance in the commission character
of attempted rape may constitute acts of
Acts performed do not Acts performed clearly
lasciviousness.
indicate that the indicate that the
accused was to lie w/ accused’s purpose was
No attempted and frustrated acts of
the offended party. to lie w/ the offended
lasciviousness.
woman.
Lascivious acts are the Lascivious acts are
Acts of Lasciviousness v. Grave Coercion final objective sought only the preparatory
Acts of Lasciviousness Grave Coercion by the offender. acts to the commission
of rape.
Compulsion or force is Compulsion or force is
included in the the very act
constructive element of constituting the
Abuses against chastity (Art. 245) v Acts of
force. offense of grave
lasciviousness (Art. 336)
coercion.
Offenses against Abuses against
Must be accompanied Moral compulsion Chastity Chastity
by acts of amounting to
lasciviousness or intimidation is Committed by a private Committed by a public
lewdness. sufficient. individual, in most officer only
cases
Some act of Mere immoral or
Acts of Lasciviousness v. Attempted Rape lasciviousness should indecent proposal
Acts of Lasciviousness Attempted Rape have been executed by made earnestly and
338
the offender. persistently is

sufficient. “Lascivious conduct” is defined under Section 2
(h) of the rules and regulations of RA 7610 as:
(1) The intentional touching, either directly or
The accused followed the victim, held her,
through clothing, of the genitalia, anus,
embraced her, tore her dress, and tried to touch
groin, breast, inner thigh, or buttocks, OR
her breast. When a complaint for acts of
the introduction of any object into the
lasciviousness was filed against him, accused
genitalia, anus or mouth, of any person,
claimed that he had no intention of having
(2) whether of the same or opposite sex,
sexual intercourse with her and that he did the
(3) with an intent to abuse, humiliate, harass,
acts only as revenge. TC found the accused
degrade, or arouse or gratify the sexual
guilty of FRUSTRATED ACTS OF
desire of any person,
LASCIVIOUSNESS. SC held that there is no
(4) bestiality, masturbation, lascivious
frustrated crime against chastity which includes
exhibition of the genitals or pubic area of a
acts of lasciviousness, adultery, and rape.
person
[People v. Famularcano]
Comparison with art. 366, RPC
From the moment the offender performs all the
Acts of lasciviousness is punished under RA
elements necessary for the existence of the
7610 when performed on a child below 18 years
felony, he actually attains his purpose.
of age exploited in prostitution or subjected to
other sexual abuse.
Motive of revenge is of no consequence since
the element of lewdness is in the very act itself.
See discussion above for other acts of abuse
Example: Compelling a girl to dance naked
before a man is an act of lasciviousness, even if
The sweetheart theory applies in acts of
the dominant motive is revenge, for her failure
lasciviousness and rape, felonies committed
to pay a debt.
against or without the consent of the victim. It
operates on the theory that the sexual act was
TWO KINDS OF SEDUCTION: consensual. It requires proof that the accused
(1) Qualified seduction (Art. 337) and the victim were lovers and that she
(2) Simple seduction (Art. 338) consented to the sexual relations.
“Lascivious Conduct” under RA 7610 For purposes of sexual intercourse and

The elements of sexual abuse under Section 5 lascivious conduct in child abuse cases under
(b) of RA 7610 that must be proven in addition RA 7610, the sweetheart defense is
to the elements of acts of lasciviousness are as unacceptable. A child exploited in prostitution
follows: or subjected to other sexual abuse cannot
(1) The accused commits the act of sexual validly give consent to sexual intercourse with
intercourse or lascivious conduct. another person. [Malto v. People (2007)]
(2) The said act is performed with a child
exploited in prostitution or subjected to
other sexual abuse. ARTICLE 337 - QUALIFIED SEDUCTION
(3) The child, whether male or female, is below
18 years of age. [Navarrete vs. People Seduction - enticing a woman to unlawful
(2007)] sexual intercourse by promise of marriage or
339
other means of persuasion without use of force. crime of rape is present, the crime is not to be
It applies when there is abuse of authority punished under Art. 337.
(qualified seduction) or deceit (simple
seduction). The accused charged with rape cannot be
convicted of qualified seduction under the same
information.
Two classes of Qualified Seduction and their
elements:
(1) Seduction of a virgin over 12 years and Offenders in Qualified Seduction:
under 18 years of age by certain persons (1) Those who abused their authority:
such as, a person in authority, priest, (a) Person in public authority;
teacher or any person who, in any capacity (b) Guardian;
shall be entrusted with the education or (c) Teacher;
custody of the woman seduced. (2) Person who, in any capacity, is entrusted
with the education or custody of the
Elements: woman seduced.
(a) Offended party is a virgin, which is (a) Those who abused confidence reposed
presumed if she is unmarried and of good in them:
reputation; (b) Priest;
(b) She is over 12 and under 18 yrs. of age; (c) House servant;
(13-17 years 11 months 29 days) (d) Domestic
(c) Offender has sexual intercourse with her; (3) Those who abused their relationship:
(d) There is abuse of authority, confidence, or (a) Brother who seduced his sister;
relationship on the part of the offender. (b) Ascendant who seduced his
descendant.
(2) Seduction of a sister by her brother, or
descendant by her ascendant, regardless “Domestic” - a person usually living under the
of her age or reputation. same roof, pertaining to the same house.
Elements Not necessary that the offender be the teacher

(a) Offended party need not be a virgin or she of the offended party; it is sufficient that he is a
may be over 18 years old teacher in the same school.
(b) Offender has sexual intercourse with her
(c) Offender is her brother or ascendant by Qualified seduction may also be committed by a
consanguinity, whether legitimate or master to his servant, or a head of the family to
illegitimate. any of its members.
Virgin - a woman of chaste character and of Qualified seduction of a sister or descendant,

good reputation. The offended party need not also known as INCEST, is punished by a penalty
be physically a virgin. next higher in degree.
If there is no sexual intercourse and only acts of The age, reputation, or virginity of the sister or
lewdness are performed, the crime is acts of descendant is irrelevant. The relationship need
lasciviousness. If any of the circumstances in the not be legitimate.
340
A 15-year old virgin, who was brought by her (2) over 12 but under 18 yrs. of age
mother to the house of the accused and his wife
to serve as a helper, repeatedly yielded to the However, an acquittal for CONSENTED
carnal desires of the accused, as she was ABDUCTION will not preclude the filing of a
induced by his promises of marriage and charge for QUALIFIED SEDUCTION because the
frightened by his acts of intimidation. elements of the two crimes are different. [Perez
v. CA]
HELD: DECEIT, although an essential element
of ordinary or simple seduction, does not need NOTE: The fact that the girl gave consent to the
to be proved or established in a charge of sexual intercourse is not a defense.
qualified seduction. It is replaced by ABUSE OF
CONFIDENCE. [People v. Fontanilla] ARTICLE 338 - SIMPLE SEDUCTION
The accused, a policeman, brought a 13-year old Elements:

girl with low mentality, to the ABC Hall where (a) Offended party is over 12 and under 18 years
he succeeded in having sexual intercourse with of age;
her. The complaint did not allege that the girl (b) She is of good reputation, single or widow;
was a virgin. The accused was charged with (c) Offender has sexual intercourse with her;
RAPE but convicted of QUALIFIED SEDUCTION. (d) It is committed by means of deceit.
HELD: Though it is true that virginity is Purpose of the law - To punish the seducer who
presumed if the girl is over 12 but under 18, by means of promise of marriage, destroys the
unmarried and of good reputation, virginity is chastity of an unmarried female of previous
still an essential element of the crime of chaste character
qualified seduction and must be alleged in the
complaint. Accused is guilty of RAPE, Virginity of offended party is not essential, good
considering the victim’s age, mental reputation is sufficient.
abnormality and deficiency. There was also
intimidation with the accused wearing his Virginity of offended party is not required.
uniform. [Babanto v. Zosa]
Deceit generally takes the form of unfulfilled
Perez succeeded in having sexual intercourse promise of marriage.
with Mendoza after he promised to marry her. Promise of marriage must be the inducement
As he did not make good on said promise, and the woman must yield because of the
Mendoza filed a complaint for Consented promise or other inducement.
Abduction. Trial Court found that the acts
constituted seduction, acquitting him on the What about unfulfilled promise of material things,
charge of Consented Abduction. Mendoza then as when the woman agrees to sexual intercourse
filed a complaint for Qualified Seduction. Perez in exchange for jewelry? This is not seduction
moved to dismiss the case on the grounds of because she is a woman of loose morals.
double jeopardy.
HELD: There are similar elements between Promise of marriage after sexual intercourse
consented abduction and qualified seduction, does not constitute deceit. Promise of marriage
namely: by a married man is not a deceit, if the woman
(1) the offended party is a virgin, and knew him to be married.
341
Elements:
Seduction is not a continuing offense. (a) Offender promotes or facilitates the
prostitution or corruption of persons under
ARTICLE 339 - ACTS OF LASCIVIOUSNESS age (minors),
WITH THE CONSENT OF THE OFFENDED (b) Purpose is to satisfy the lust of another
PARTY
Habituality or abuse of authority or confidence
Elements: is not necessary.
(a) Offender commits acts of lasciviousness or
lewdness; It is not necessary that the unchaste acts shall
(b) The acts are committed upon a woman have been done.
who is a virgin or single or widow of good
reputation, under 18 yrs. of age but over 12 Mere proposal will consummate the offense.
yrs., or a sister or descendant, regardless of
her reputation or age; The victim must be of good reputation, not a
(c) The offender accomplishes the acts by prostitute or corrupted person.
abuse of authority, confidence, relationship,
or deceit. There is a crime of Attempted Child Prostitution.
(Sec. 6, RA 7610)
It is necessary that it be committed under See again: RA 7610: Special Protection of
circumstances which would make it qualified or Children against Child Abuse, Exploitation and
simple seduction had there been sexual Discrimination (supra)
intercourse, instead of acts of lewdness only.
ARTICLE 341 - WHITE SLAVE TRADE
When the victim is under 12 yrs., the penalty
shall be one degree higher than that imposed Acts punishable:
by law. (sec. 10 of R.A. 7610) (1) Engaging in business of prostitution
(2) Profiting by prostitution
Males cannot be the offended party. (3) Enlisting the services of women for the
purpose of prostitution.
Acts of Lasciviousness Acts of Lasciviousness
(Art. 336) with consent (Art. 339)
Habituality is not a necessary element of white
Committed under Committed under slave trade.
circumstances w/c, circumstances w/c, had
had there been carnal there been carnal ‘Under any pretext’ – one who engaged the
knowledge, would knowledge, would services of a woman allegedly as a maid, but in
amount to rape amount to either reality for prostitution, is guilty under this article.
qualified or simple
seduction Victim is under 12 yrs., penalty shall be one
Offended party is a Offended party should degree higher.
female or male only be female
Offender need not be the owner of the house.
ARTICLE 340 - CORRUPTION OF MINORS
342
Maintainer or manager of house of ill-repute The taking away of the woman may be
need not be present therein at the time of raid accomplished by means of deceit first and then
or arrest. by means of violence and intimidation.
Corruption of Minors White Slave Trade If the female abducted is under 12, the crime is
forcible abduction, even if she voluntarily goes
Minority of victims Minority is not required with her abductor.
essential
Victims may be male or Applies only to When the victim was abducted by the accused
female females without lewd designs, but for the purpose of
lending her to illicit intercourse with others, the
May not necessarily be Generally for profit
crime is not abduction but corruption of minors.
for profit
Committed by a single Generally committed Rape may absorb forcible abduction, if the main
act habitually objective was to rape the victim.
TWO KINDS OF ABDUCTION: Sexual intercourse is not necessary in forcible

abduction.
(1) Forcible abduction (Art. 342)
(2) Consented abduction (Art. 343)
Lewd designs may be shown by the conduct of
the accused. When there are several defendants,
ARTICLE 342 - FORCIBLE ABDUCTION
it is enough that one of them had lewd designs.
Elements: Husband is not liable for abduction of his wife,
(a) The person abducted is any woman, as lewd design is wanting.
regardless of her age, civil status or
reputation; Attempt to rape is absorbed in the crime of
(b) The abduction is against her will; forcible abduction, thus there is no complex
(c) The abduction is with lewd designs. crime of forcible abduction with attempted rape.
Abduction – the taking away of a woman from Nature of the crime - The act of the offender is
her house or the place where she may be for the violative of the individual liberty of the abducted,
purpose of carrying her to another place with her honor and reputation, and public order.
the intent to marry or to corrupt her.
Forcible Abduction Grave Coercion
Crimes against chastity where age and reputation
are immaterial: There is violence or
(1) Acts of lasciviousness against the will or intimidation by the
without the consent of the offended party offender.
(2) Qualified seduction of sister or descendant The offended party is
(3) Forcible abduction compelled to do
something against
The taking away of the woman must be against her will.
her will.
Abduction is No lewd design,
characterized by provided that there is no
343
lewd design. deprivation of liberty for abduction can only be attached to the first act
an appreciable length of of rape, detached from the 3 subsequent acts of
time. rape. The effect therefore would be one count of
forcible abduction with rape and 4 counts of
rape for each of the accused. [People v. Jose]
Forcible Abduction Corruption of Minors
Purpose is to effect Purpose is to lend the The accused and 2 other men raped the victim.
his lewd designs on victim to illicit The victim was a jeepney passenger who was
the victim. intercourse with others. prevented from leaving the jeepney. She was
taken to a remote place where she was raped.
Forcible Abduction Serious Illegal Detention HELD: The accused is guilty of FORCIBLE
There is deprivation of There is deprivation of ABDUCTION WITH RAPE. It was proven that the
liberty and lewd liberty and no lewd victim was taken against her will and with lewd
designs. designs design, and was subsequently forced to submit
to the accused’s lust, rendering her unconscious
in the process. [People v. Alburo]
Kidnapping
Forcible Abduction with Rape
with rape There can only be one complex crime of forcible
The violent taking of the Not so abduction with rape.
woman is motivated by lewd motivated
designs. The victim witnessed the killing of another by
the 2 accused. Upon seeing her, the accused
Crime against chastity Crime against
dragged her to a vacant lot where they took
liberty
turns in raping her. TC convicted them of rape.
Forcible Abduction with Rape - a complex crime HELD: FORCIBLE ABDUCTION is absorbed in
under Art. 48, and not a special complex crime the crime of RAPE if the main objective is to
rape the victim. Conviction of acts of
The victim was abducted by the accused and lasciviousness is not a bar to conviction of
was brought to a hotel where the latter forcible abduction. [People v. Godines]
succeeded in having sexual intercourse with her.
ARTICLE 343 - CONSENTED ABDUCTION
HELD: The elements of both rape and forcible
abduction are proven. The presence of lewd Elements:
designs in forcible abduction is manifested by (a) Offended party is a virgin;
the subsequent rape of the victim. [People v. (b) She is over 12 and under 18 yrs. of age;
Sunpongco] (c) Offender takes her away with her consent,
after solicitation or cajolery from the
Maggie was abducted and brought to a hotel, offender;
where the 4 accused took turns in raping her. (d) The taking away is with lewd designs.
HELD: While the first act of rape was being Purpose of the law - Not to punish the wrong
performed, the crime of forcible abduction had done to the girl because she consents to it, but
already been consummated, hence, forcible to prescribe punishment for the disgrace to her
344
family and the alarm caused by the

disappearance of one who is, by her age and sex, The offended party cannot institute criminal
susceptible to cajolery and deceit. prosecution without including BOTH the guilty
parties if they are alive. Both parties must be
If the virgin is under 12 or is deprived of reason, included in the complaint even if one of them is
the crime is forcible abduction because such is not guilty.
incapable of giving a valid consent.
Consent and pardon bar the filing of a criminal
The taking away of the girl need not be with complaint.
some character of permanence. Offended party
need not be taken from her house. The imputation of a crime of prostitution
against a woman can be prosecuted de oficio,
When there was no solicitation or cajolery and but crimes against chastity cannot.
no deceit and the girl voluntarily went with the
man, there is no crime committed even if they Prosecution of rape may be made upon
had sexual intercourse. complaint by any person.
ARTICLE 344 - PROSECUTION OF Effect of Pardon:

PRIVATE OFFENSES (1) Effect of Pardon in Adultery applies also to
(1) Adultery Concubinage
(2) Concubinage (2) Condonation or forgiveness of one act of
(3) Seduction adultery or concubinage is not a bar to
(4) Abduction prosecution of similar acts that may be
(5) Acts of lasciviousness committed by the offender in the future.
Consent:
Nature of the complaint: The complaint must be (1) May be express or implied
filed in court, not with the fiscal. In case of (2) Given before the adultery or
complex crimes, where one of the component concubinage was committed
offenses is a public crime, the criminal (3) Agreement to live separately may
prosecution may be instituted by the fiscal. be evidence of consent.
(4) Affidavit showing consent may be a
The court motu proprio can dismiss the case for basis for new trial.
failure of the aggrieved party to file the proper
complaint even if the accused never raised the SEDUCTION, ABDUCTION, ACTS OF
question on appeal. LASCIVIOUSNESS
Crimes against chastity cannot be prosecuted Seduction, abduction, or acts of lasciviousness

de oficio. must be prosecuted upon complaint signed by—
(1) Offended party - When the offended
party is a minor, her parents may
ADULTERY AND CONCUBINAGE file the complaint.
(2) When the offended party is of age
Who may file the complaint: Adultery and and is in complete possession of her
Concubinage must be prosecuted upon mental and physical faculties, she
complaint signed by the offended spouse. alone can file the complaint.
345
(3) Parents, Grandparents or Guardian and rape, extinguishes criminal action or remits
in that order – the penalty already imposed.
When the offended is a minor or incapacitated Marriage (in cases of seduction, abduction, and
and refuses to file the complaint, any of the acts of lasciviousness) extinguishes the criminal
persons mentioned could file. action even as to co-principals, accomplices,
and accessories.
The term “guardian” refers to legal guardian.
He must be legally appointed by the Court. Marriage must be entered into in good faith.
The State may also file the complaint as parens Marriage may take place AFTER criminal
patriae when the offended party dies or proceedings have commenced, or even after
becomes incapacitated before she could file the conviction (extinguishes criminal action and
complaint and has no known parents, remits penalty).
grandparents, or guardians
ARTICLE 345: CIVIL LIABILITY OF
Effect of Pardon: PERSONS GUILTY OF CRIMES AGAINST
(1) Offended party cannot institute criminal CHASTITY
proceedings if the offender has been
EXPRESSLY pardoned by the offended Those guilty of rape, seduction or abduction:
party, or her parents, grandparents or (1) Indemnify the offended woman
guardian. (2) Acknowledge the offspring, unless the law
(2) Pardon by the parent, grandparent, or should prevent him from doing so
guardian must be accompanied by the (3) In every case to support the offspring,
express pardon of the offended woman. EXCEPT:
(3) The right to file action of the parents, (a) in cases of adultery and concubinage
grandparents and guardian shall be (b) where either of the offended party or
EXCLUSIVE of other persons and shall be accused is married
exercised successively in the order provided. (c) when paternity cannot be determined,
(4) Pardon by the offended party who is a such as in multiple rape
minor must have the concurrence of (d) other instances where the law prevents
parents, EXCEPT when the offended party such
has no parents.
The adulterer and the concubine can be
Rape complexed with another crime against sentenced only to indemnify for damages
chastity need NOT be signed by the offended caused to the offended spouse.
woman, since rape is a public crime. When the Acknowledgment of offsrpring is not legally
evidence fails to prove a complex crime of rape possible, because only children born of parents
with another crime, and there is no complaint who could marry at the time of conception may
signed by the offended woman, the accused be acknowledged. Support of the offspring is
CANNOT be convicted of rape. also not included, because the person who gives
birth is one of the offenders.
Marriage of the offender with the offended party
in seduction, abduction, acts of lasciviousness In rape of a married woman, only indemnity is
allowed.
346
ARTICLE 346 – LIABILITY OF or recording of sexual act or any similar

ASCENDANTS, GUARDIANS, TEACHERS activity with or without consideration;
AND OTHER PERSONS ENTRUSTED WITH (c) To sell or distribute, or cause to be sold or
THE CUSTODY OF THE OFFENDED PARTY distributed, such photo or video or
(1) Persons who cooperate as accomplices but recording of sexual act, whether it be the
are punished as principals in rape, original copy or reproduction thereof; or
seduction, abduction, etc. (d) To publish or broadcast, or cause to be
(a) Ascendants published or broadcast, whether in print or
(b) Guardians broadcast media, or show or exhibit the
(c) Curators photo or video coverage or recordings of
(d) Teachers, and such sexual act or any similar activity
(2) any other person, who cooperate as through VCD/DVD, internet, cellular
accomplice with abuse of authority or phones and other similar means or device.
confidential relationship
(3) The teachers or persons entrusted with See again: RA 9208: Anti-Trafficking in Persons
education and guidance of the youth shall Act of 2003: Punishable acts (supra)
also be penalized with disqualification. See again: RA 9262 Anti-Violence Against
(4) Any person falling within the terms of this Women and Their Children Act of 2004:
article, and any other person guilty of Punishable acts (supra)
corruption of minors for the benefit of
another, shall be punished by special Title XII. Crimes against
disqualification from filling the office of
guardian. the Civil Status of
SPECIAL LAWS Persons
RA 9995: ANTI-PHOTO AND VIDEO Chapter I: Simulation of Births and Usurpation
VOYEURISM ACT OF 2009 of Civil Status
Punishable Acts (1) Art 347: Simulation of births, substitution
Section 4. Prohibited Acts. - It is hereby of one child for another and concealment
prohibited and declared unlawful for any or abandonment of a legitimate child
person: (2) Art 348: Usurpation of civil status
(a) To take photo or video coverage of a person
or group of persons performing sexual act Chapter II: Illegal Marriages
or any similar activity or to capture an (1) Art 349: Bigamy
image of the private area of a person/s (2) Art 350: Marriage contracted against
such as the naked or undergarment clad provisions of law
genitals, public area, buttocks or female (3) Art 351: Premature marriages
breast without the consent of the person/s (4) Art 352: Performance of illegal marriage
involved and under circumstances in which ceremony
the person/s has/have a reasonable
expectation of privacy;
(b) To copy or reproduce, or to cause to be
copied or reproduced, such photo or video
347
CHAPTER I: SIMULATION OF BIRTHS Concealing or abandoning any legitimate child

AND USURPATION OF CIVIL STATUS Requisites:
(1) The child must be legitimate
(2) The offender conceals or abandons such
ARTICLE 347 - SIMULATION OF BIRTHS,
child; and
(3) The offender has the intent to cause such
ANOTHER, AND CONCEALMENT OR child to lose its civil status.
The unlawful sale of a child by his father is not a
Mode 1. Simulation of births; crime under this article.
Mode 2. Substitution of one child for another; “Abandon” as used in Art. 347 - The practice of
abandoning newly born infants and very young
Mode 3. Concealing or abandoning any child at the door of hospitals and churches.
legitimate child with intent to cause such child
to lose its civil status.
Art. 347 Art. 246
The object of the crime under Art. 347 is the Offender: Any person Offender: The one who
creation of false, or the causing of loss of, civil has the custody of the
status. child
Purpose: To cause Purpose: To avoid
Simulation of birth the child to lose his obligation of rearing and
Takes place when the woman pretends to be civil status. caring for the child.
pregnant when in fact she is not, and on the day
of the supposed delivery, takes the child of A physician or surgeon or public officer, who
another as her own. cooperates in the execution of these crimes, is
also liable if he acts in violation of the duties of
The simulation of birth which is a crime is that his profession or office.
which alters the civil status of a person.
The fact that the child will be benefited by the STATUS
simulation of its birth is not a defense.
This crime is committed when a person
represents himself to be another and assumes
Substitution of one child for another
the filiation or the parental or conjugal rights of
This is committed when a child of a couple is
such another person.
exchanged with a child of another couple
without the knowledge of the respective parents.
Usurpation of profession may be punished
under Art. 348.
The substitution can also happen by placing a
live child of a woman in place of another’s dead
There must be an intent to enjoy the rights
child.
arising from the civil status of another.
The purpose of defrauding the offended party or

his heirs qualifies the crime.
348
CHAPTER II: ILLEGAL MARRIAGES The test is not whether the defendant has
already been tried for the same act, but whether
ARTICLE 349 – BIGAMY he has been put in jeopardy for the same
offense.
Elements:
(a) Offender has been legally married; The second spouse is not necessarily liable for
(b) The marriage has not been legally bigamy.
dissolved or, in case his or her spouse is Whether the second spouse should be included
absent, the absent spouse could not yet be in the information is a question of fact that was
presumed dead according to the Civil Code to be determined by the fiscal who conducted
(c) He contracts a second or subsequent the preliminary investigation. (People v.
marriage Nepomuceno, Jr., 64 SCRA 518)
(d) The second or subsequent marriage has all
the essential requisites for validity. The second husband or wife who knew of first
marriage is an accomplice.
The first marriage must be valid.
The witness who falsely vouched for the
Nullity of marriage, not a defense in bigamy. capacity of either of the contracting parties is
The fact that the first marriage is void from the also an accomplice.
beginning is not a defense. As with voidable
marriage, there must be a judicial declaration of Bigamy is not a private crime.
nullity of marriage before contracting the
second marriage. Jurisprudence
Good faith is a defense in bigamy. In Marbella-Bobis v. Bobis, we laid down the

elements of bigamy thus:
Failure to exercise due diligence to ascertain the (1) The offender has been legally married;
whereabouts of the first wife is bigamy through (2) The first marriage has not been legally
reckless imprudence. dissolved, or in case his or her spouse is
absent, the absent spouse has not been
One who contracted a subsequent marriage judicially declared presumptively dead;
before the declaration of presumptive death of (3) He contracts a subsequent marriage; and
the absent spouse is guilty of bigamy. (4) The subsequent marriage would have been
valid had it not been for the existence of
The second marriage must have all the the first.
essential requisites for validity.
Applying the foregoing test to the instant case,
One convicted of bigamy may also be we note that the trial court found that there was
prosecuted for concubinage as both are distinct no actual marriage ceremony performed
offenses. The first is an offense against civil between Lucio and Lucia by a solemnizing
status, which may be prosecuted at the instance officer. Instead, what transpired was a mere
of the state; the second is an offense against signing of the marriage contract by the two,
chastity, and may be prosecuted only at the without the presence of a solemnizing officer.
instance of the offended party.
349
The first element of bigamy as a crime requires shall be deemed valid until declared otherwise
that the accused must have been legally in a judicial proceeding.
married. But in this case, legally speaking, the
petitioner was never married to Lucia Barrete. In this case, even if petitioner eventually
Thus, there is no first marriage to speak of. obtained a declaration that his first marriage
was void ab initio, the point is, both the first and
Under the principle of retroactivity of a marriage the second marriage were subsisting before the
being declared void ab initio, the two were first marriage was annulled. [Abunado v. People
never married “from the beginning.” The (2004)]
contract of marriage is null; it bears no legal
effect. A careful study of the disputed decision reveals
that respondent Judge had been less than
Taking this argument to its logical conclusion, circumspect in his study of the law and
for legal purposes, petitioner was not married to jurisprudence applicable to the bigamy case. In
Lucia at the time he contracted the marriage his comment, respondent Judge stated: “That
with Maria Jececha. The existence and the the accused married Manuel P. Diego in the
validity of the first marriage being an essential honest belief that she was free to do so by virtue
element of the crime of bigamy, it is but logical of the decree of divorce is a mistake of fact.”
that a conviction for said offense cannot be
sustained where there is no first marriage to This Court, in People v. Bitdu, carefully
speak of. The petitioner, must, perforce be distinguished between a mistake of fact, which
acquitted of the instant charge. [Lucio Morigo v. could be a basis for the defense of good faith in
People (2002)] a bigamy case, from a mistake of law, which
does not excuse a person, even a lay person,
The subsequent judicial declaration of the from liability. Bitdu held that even if the
nullity of the first marriage was immaterial accused, who had obtained a divorce under the
because prior to the declaration of nullity, the Mohammedan custom, honestly believed that
crime had already been consummated. in contracting her second marriage she was not
Moreover, petitioner's assertion would only committing any violation of the law, and that
delay the prosecution of bigamy cases she had no criminal intent, the same does not
considering that an accused could simply file a justify her act.
petition to declare his previous marriage void
and invoke the pendency of that action as a This Court further stated therein that with
prejudicial question in the criminal case. We respect to the contention that the accused
cannot allow that. acted in good faith in contracting the second
marriage, believing that she had been validly
The outcome of the civil case for annulment of divorced from her first husband, it is sufficient
petitioner's marriage to Narcisa had no bearing to say that everyone is presumed to know the
upon the determination of petitioner's law, and the fact that one does not know that
innocence or guilt in the criminal case for his act constitutes a violation of the law does
bigamy, because all that is required for the not exempt him from the consequences thereof.
charge of bigamy to prosper is that the first
marriage be subsisting at the time the second Moreover, squarely applicable to the criminal
marriage is contracted. Thus, under the law, a case for bigamy, is People v. Schneckenburger,
marriage, even one which is void or voidable, where it was held that the accused who secured
350
a foreign divorce, and later remarried in the imposed on the man who does the same.
Philippines, in the belief that the foreign divorce Similarly, the effect of the provision is an
was valid, is liable for bigamy. [Diego v. Castillo enforced mourning period on the part of the
(2004)] woman although none is imposed on the man.”
ARTICLE 350 - MARRIAGE CONTRACTED BEFORE REPEAL:

AGAINST PROVISIONS OF LAWS Persons liable:
(1) A widow who is married within 301 days
Elements: from the date of the death of her husband,
(1) Offender contracted marriage; or before having delivered if she is
(2) He knew at the time that – pregnant at the time of his death;
(a) The requirements of the law were not (2) A woman who, her marriage having been
complied with; or annulled or dissolved, married before her
(b) The marriage was in disregard of a legal delivery or before the expiration of the
impediment. period of 301 days after the date of the
legal separation.
Bigamy is a form of illegal marriage. The purpose of the law punishing premature
marriages is to prevent doubtful paternity.
Illegal marriage includes also such other (People v. Rosal, 49 Phil. 509)
marriages which are performed without
complying with the requirements of law, or ARTICLE 352 - PERFORMANCE OF
marriages where the consent of the other is ILLEGAL MARRIAGE CEREMONY
vitiated, or such marriage which was
solemnized by one who is not authorized to PERSONS LIABLE: Priests or ministers of any
solemnize the same. religious denomination or sect, or civil
authorities who shall perform or authorize any
Conviction of a violation of Art. 350 involves a illegal marriage ceremony
crime of moral turpitude. (Villasanta v. Peralta)
The offender must be authorized to solemnize
ARTICLE 351 - PREMATURE MARRIAGE marriages.
This provision has been repealed on 13 March

2015 when President Benigno Aquino III signed
into law RA 10655. Said law reads: “Without
prejudice to the provisions of the Family Code
on paternity and filiation, Article 351 of the
Revised Penal Code, punishing the crime of
premature marriage committed by a woman, is
hereby repealed.”
The author of RA 10655 explained that the law

on premature marriages “is discriminatory for it
curtails the right of a woman to marry under the
stated circumstances when no such penalty is
351
Title XIII. Crimes against Test of the defamatory character of words used:
Honor Whether they are calculated to induce the
hearers to suppose and understand that the
Chapter I: Libel person against whom they (i.e. the defamatory
(1) Art 353: Definition of Libel words) were uttered was guilty of certain
(2) Art 354: Privileged communication offenses; OR are sufficient to impeach his
(3) Art 355: Libel by means of writings or honesty, virtue or reputation, or to hold him up
similar means to public ridicule. (U.S. vs. O’Connell)
(4) Art 356: Threatening to publish and offer
to prevent such publication for a First element: There must be an imputation of a
compensation crime, a vice or defect, real or imaginary, OR
(5) Art. 357: Prohibited Publication of Acts any act, omission, condition, status, or
Referred to in the course of Official circumstance;
Proceedings
(6) Art 358: Slander Imputation of a criminal act may be implied
(7) Art 359: Slander by Deed from the acts and statements of the accused.
Chapter II: Incriminatory Machinations Imputation of criminal intention is not libelous.

(1) Art 363: Incriminating innocent person
(2) Art 364: Intriguing against honor An expression of opinion by one affected by the
act of another and based on actual fact is not
CHAPTER I LIBEL libelous.
ARTICLE 353 - DEFINITION OF LIBEL Second element: The imputation must be made
publicly.
Elements:
(a) There must be an imputation of– Publication: communication of the defamatory
(1) a crime, matter to some third person or persons. There is
(2) a vice or defect, real or imaginary, OR no crime if the defamatory imputation is not
(3) any act, omission, condition, status, or published.
circumstance;
(b) The imputation must be made publicly; Sending an unsealed libelous letter to the
(c) It must be malicious; offended party constitutes publication. [Magno
(d) The imputation must be directed at a vs. People (2006)]
natural or juridical person, or one who is
dead; and In libel, publication means making the
(e) The imputation must tend to cause defamatory matter, after it is written, known to
dishonor, discredit or contempt of the someone other than the person against whom it
offended party. has been written.
Defamation is composed of: Petitioner’s subject letter-reply itself states that

(1) Libel – written defamation the same was copy furnished to all concerned.
(2) Slander- oral defamation Also, petitioner had dictated the letter to his
(3) Slander by deed – defamation through acts secretary. It is enough that the author of the
352
libel complained of has communicated it to a person could and did understand that he was
third person. Furthermore, the letter, when the person referred to.
found in the mailbox, was open, not contained
in an envelope thus, open to public. [Buatis vs. Kunkle v. Cablenews-American and Lyons laid
People (2006)] the rule that this requirement is complied with
where a third person recognized or could
Third element: The publication must be identify the party vilified in the article. [People vs.
malicious. Ogie Diaz (2007)]
Malice in fact – may be shown by proof of ill-will, Defamatory remarks directed at a group of
hatred or purpose to injure. persons is not actionable unless the statements
are all-embracing or sufficiently specific for the
Malice in law – presumed from a defamatory victim to be identifiable.
imputation. Proof of malice is not required. (Art.
354, par.1) Libel published in different places may be taken
together to establish the identification of the
But where the communication is privileged, offended party.
malice is not presumed from the defamatory
words. While it is true that a publication's libelous
nature depends on its scope, spirit and motive
Malice in law is not necessarily inconsistent with taken in their entirety, the article in question as
honest or laudable purpose. Even if the a whole explicitly makes mention of private
publication is injurious, the presumption of complainant Rivera all throughout. It cannot be
malice disappears upon proof of good said that the article was a mere general
intentions and justifiable motive. commentary on the alleged existing state of
affairs at the aforementioned public market.
But where malice in fact is present, justifiable Rivera was not only specifically pointed out
motive cannot exist, and the imputations several times therein but was even tagged with
become actionable. derogatory names. Indubitably, this name-
calling was, as correctly found by the two courts
Fourth element: The imputation must be below, directed at the very person of Rivera
directed at a natural or juridical person, or one himself. [Figueroa vs. People (2006)]
who is dead.
Fifth element: The imputation must tend to
In order to maintain a libel suit, it is essential cause dishonor, discredit or contempt of the
that the victim be identifiable, although it is not offended party.
necessary that the person be named. It is
enough if by intrinsic reference the allusion is Dishonor – disgrace, shame or ignominy
apparent or if the publication contains matters Discredit – loss of credit of reputation;
of description or reference to facts and disesteem
circumstances from which others reading the Contempt – state of being despised
article may know the person alluded to, or if the
latter is pointed out by extraneous For a statement to be considered malicious, it
circumstances so that those knowing such must be shown that it was written or published
353
with the knowledge that they are false OR in (a) any judicial, legislative or other official
reckless disregard of WON they were false. proceedings which are not of
confidential nature, OR
Reckless disregard – the defendant entertains (b) any statement, report or speech
serious doubt as to the truth of the publication, delivered in said proceedings, OR
OR that he possesses a high degree of (c) any other act performed by public
awareness of their probable falsity. officers in the exercise of their functions.
To avoid self-censorship that would necessarily Defamatory remarks are PRESUMED malicious.
accompany strict liability for erroneous The presumption of malice is REBUTTED, if it is
statements, rules governing liability for injury to shown by the accused that – (see discussion of
reputation are required to allow an adequate Art. 361)
margin of error by protecting some inaccuracies. (1) The defamatory imputation is true, IN
[Borjal v. CA (1999)] CASE the law allows proof of the truth of
the imputation;
Fine preferred penalty in libel cases (2) It is published with good intention; AND
Administrative Circular No. 08-2008 stated the (3) There is justifiable motive for making it
rule of preference of fine only rather than
imprisonment in libel cases, having in mind the Privileged communication is NOT PRESUMED
ff. principles: malicious.
1) The circular does not remove imprisonment
as an alternative penalty
2) Judges may, in the exercise of their discretion, Kinds of Privilege:
determine whether the imposition of fine alone ABSOLUTE QUALIFIED
would best serve the interest of justice. NOT actionable. Narrow Actionable IF Malice
3) Should only a fine be imposed and the and few: or Bad faith is
accused unable to pay the fine, there is no legal (1) Privileged speeches in proven (malice in
obstacle to the application of the RPC on
Congress fact)
subsidiary imprisonment. (2) Statements made in
judicial proceedings as Based on par 1 and 2
ARTICLE 354 - REQUIREMENT FOR long as they are relevant of Art 354, although
PUBLICITY to the issue the list is not
(3) Military affairs exclusive
General rule: MALICE IS PRESUMED in every
defamatory imputation, even if it be true, if no
Art 354 does not cover absolute privilege
good intention and justifiable motive for making
because character of communications
it is shown.
mentioned therein is lost upon proof of malice
in fact.
Exceptions: In privileged communications,
namely:
(1) A private communication made by any
person to another in the performance of
any legal, moral, or social duty;
(2) A fair and true report, made in good faith,
without any comments or remarks, of
354
MALICE IN LAW MALICE IN FACT 2) There is no reasonable ground for believing

the charge to be true.
Presumed from To be proved by
defamatory character of prosecution ONLY IF
statement malice in law has Fair and true report of official proceedings
been rebutted Official proceedings refer to proceedings of the
3 branches of the government: judiciary,
Statement is presented Can be negated by
legislative, and executive.
to court, and the latter evidence of:
will decide whether it is (1) Good motives AND
Requisites:
defamatory or not Justifiable ends; or
(1) That it is a fair and true report of a judicial,
(2) Privileged
legislative, or other official proceedings
character
which are not confidential in nature, or of a
statement, report, or speech delivered in
Requisites of privileged communication under said proceedings, or of any other act
par. 1 of art. 354: performed by a public officer in the exercise
(1) That the person who made the of his functions.
communication had a legal, moral or social (2) That it is made in good faith; and
duty to make the communication, or, at (3) That it is without comments or remarks
least, he had an interest to be upheld;
(2) That the communication is addressed to an The communication must be pertinent and
officer or board, or superior, having some material to the subject matter.
interest or duty in the matter.
(3) That the statements in the communication Doctrine of fair comment: Fair commentaries on
are made in good faith without malice in matters of public interest are privileged and
fact. constitute a valid defense in an action for libel
or slander.
Applying to the wrong person due to honest
mistake does not take the case out of privilege. In order that a discreditable imputation to a
(US v. Bustos) public official may be actionable, it must either
be:
Unnecessary publicity destroys good faith. (1) A false allegation of fact; OR
(2) A comment based on a false supposition.
The privileged character simply does away with [People v. Velasco (2000)]
the presumption of malice.
PUBLIC FIGURE – one who, by his
The rule is that a communication loses its accomplishments, fame, mode of living, OR by
privileged character and is actionable on proof adopting a profession or calling which gives the
of actual malice. public a legitimate interest in his doings, his
affairs and his character, has become a “public
That the statement is a privileged personage” [Ayer Productions v. Capulong
communication is a matter of defense. To (1988)]
overcome the defense of privileged
communication under par. 1 of Art. 354, it must Based on the ruling in US v. Ocampo, proof of
be shown that: knowledge of and participation in the
1) The defendant acted with malice in fact; or
355
publication of the offending article is not Blackmail can also be in the form of light
required, if the accused has been specifically threats, which is punished under ARTICLE 283.
identified as “author, editor, or proprietor” or
“printer/publisher” of the publication. ARTICLE 357 - PROHIBITED PUBLICATION
OF ACTS REFERRED TO IN THE COURSE
ARTICLE 355 - LIBEL BY WRITING OR OF OFFICIAL PROCEEDINGS (GAG LAW)
SIMILAR MEANS
Elements:
Libel may be committed by means of: (a) Offender is a reporter, editor or manager of
(1) Writing; a newspaper, daily or magazine;
(2) Printing; (b) He publishes facts connected with the
(3) Lithography; private life of another;
(4) Engraving; (c) Such facts are offensive to the honor, virtue
(5) Radio; and reputation of said person.
(6) Photograph;
(7) Painting;
Requisites of violation:
(8) Theatrical exhibition;
(1) That the article published contains facts
(9) Cinematographic exhibition; or
connected with the private life of an
(10) Any similar means. (e.g. video broadcast)
individual; and
(2) That such facts are offensive to the honor,
Common characteristic of written libel: their
virtue and reputation of said person.
permanent nature as a means of publication.
This article is referred to as the Gag Law.
Use of amplifier system is not libel but oral
defamation (slander). But the defamation made
Prohibition applies even if the facts are involved
in the television program is libel.
in official proceedings.
ARTICLE 356 - THREATENING TO

Newspaper reports on cases pertaining to
PUBLISH AND OFFER TO PREVENT SUCH adultery, divorce, legitimacy of children, etc. are
PUBLICATION FOR A COMPENSATION barred from publication.
Under RA 1477, a newspaper reporter cannot be

Acts Punished:
compelled to reveal the source of the news
(1) Threatening another to publish a libel
report he made, UNLESS the court or a House
concerning – him, his parents, spouse,
or committee of Congress finds that such
child or other members of his family
revelation is demanded by the security of the
(2) Offering to prevent the publication of such
state.
libel for compensation or money
consideration.
ARTICLE 358 - SLANDER
The essence of this crime is blackmail, which is Slander, or oral defamation is composed of two
defined as any unlawful extortion of money by kinds:
threats of accusation or exposure. (1) Simple slander
(2) Grave slander, when it is of serious and
insulting nature
356
Factors that determine the gravity of the oral ARTICLE 359 - SLANDER BY DEED
defamation:
(1) Expressions used Elements
(2) Personal relations of the accused and the (a) Offender performs any act not included in
offended party. any other crime against honor;
(3) The surrounding circumstances. (b) Such act is performed in the presence of
other person/s; and
Illustration of grave slander: (c) Such act casts dishonor, discredit or
A woman of violent temper hurled at a contempt upon the offended party.
respectable married lady with young daughters
offensive and scurrilous epithets including Slander by deed is a crime against honor which
words imputing unchastity to the mother and is committed by performing any act which casts
tending to injure the character of the daughters dishonor, discredit, or contempt upon another
[U.S. vs. Toloso] person.
Slander by deed is of two kinds

Illustration of simple slander:
(1) Simple slander by deed
(1) Calling a person a gangster
(2) Grave slander by deed
(2) Uttering defamatory words in the heat of
anger with some provocation on the part of
There is no fixed standard in determining
the offended party
whether a slander is serious or not; hence the
courts have sufficient discretion to determine
The Court does not condone the vilification
the same, basing the finding on the attendant
or use of scurrilous language on the part of
circumstances and matters relevant thereto.
petitioner, but following the rule that all
possible circumstances favorable to the
Slapping the face of another is slander by deed
accused must be taken in his favor, it is our
if the intention of the accused is to cause shame
considered view that the slander
or humiliation.
committed by petitioner can be
characterized as slight slander following
Fighting the offended party with intention to
the doctrine that: uttering defamatory
insult him is slander by deed.
words in the heat of anger, with some
provocation on the part of the offended
Pointing a dirty finger constitutes simple
party, constitutes only a light felony.
slander by deed.
[Villanueva vs. People (2006)]
Slander by deed and acts of lasciviousness –
(3) The word “putang ina mo” is a common
distinguished by presence of lewd designs. If
expression in the dialect that is often
such is present, it is an act of lasciviousness.
employed not really to slander but rather
to express anger or displeasure. It is
Slander by deed and maltreatment – the nature
seldom, if ever taken in its literal sense by
and effect of maltreatment determines the
the hearer, that is, as a reflection on the
crime committed. If the offended party suffered
virtue of a mother. [Reyes vs. People]
from shame or humiliation caused by the
maltreatment, it is slander by deed.
The slander need not be heard by the offended
party.
357
Slander by deed and unjust vexation – If it (b) does not induce or cause another
merely annoys and irritates, without any other person or party to commit any
concurring factor, it is unjust vexation. If the infringement or other unlawful act
irritation or annoyance was attended by (c) and/or does not benefit financially
publicity and dishonor, it is slander by deed. from the infringing activity or unlawful
act of another person or party (Section
ARTICLE 360 - PERSONS RESPONSIBLE 30, in relation to Section 5, E-
FOR LIBEL Commerce Law).
(1) The person who publishes, exhibits or
causes the publication or exhibition of any Where to file the criminal action? It depends on
defamation in writing or similar means. who the offended party is.
(2) The author or editor of a book or pamphlet.
(3) The editor or business manager of a daily If he is a public officer, the criminal action can
newspaper, magazine or serial publication. only be instituted in either:
(4) The owner of the printing plant which (1) RTC of the province or city where the
publishes a libelous article with his consent libelous article is printed and first
and all other persons who in any way published, OR
participate in or have connection with its (2) RTC of the province or city where he held
publication. office at the time of the commission of the
offense
Liability of the editor is the same as that of the
author. If he is a private person, the criminal action may
be brought in:
Lack of participation in the preparation of (1) RTC of the province or city where the
libelous articles does not shield the persons libelous article is printed and first
responsible from liability. published, OR
(2) RTC of the province or city where he
Under Republic Act 8792, otherwise known as actually resided at the time of the
the Electronic Commerce Act, a party or person commission of the offense
acting as a service provider incurs NO civil or
criminal liability in the making, publication, In order to obviate controversies as to the venue
dissemination or distribution of libelous of the criminal action for written defamation,
material if: the complaint or information should contain
(1) The service provider does not have actual allegations as to whether, at the time the
knowledge, or is not aware of the facts or offense was committed, the offended party was
circumstances from which it is apparent a public officer or a private individual and where
that making, publication, dissemination or he was actually residing at that time.
distribution of such material is unlawful or
infringes any rights; Whenever possible, the place where the written
(2) The service provider does not knowingly defamation was printed and first published
receive a financial benefit directly should likewise be alleged. That allegation
attributable to the infringing activity; would be a sine qua non if the circumstance as
(3) The service provider does: to where the libel was printed and first
(a) not directly commit any infringement published is used as the basis of the venue of
or other unlawful act and the action. [Macasaet v. People (2005)]
358
PCGG and Rizal Commercial Banking Corp.

Civil and criminal action must be filed with the (RCBC) to the prejudice of the Government.
same court.
In the recent case of Vasquez v. Court of
Offended party must file the complaint for Appeals, et. al., the Court ruled that: "The
defamation imputing a crime which cannot be question is whether from the fact that the
prosecuted de officio. statements were defamatory, malice can be
presumed so that it was incumbent upon
Libel imputing a vice or defect, not being an petitioner to overcome such presumption.
imputation of a crime, is always prosecuted Under Art. 361 of the Revised Penal Code, if the
upon information signed and filed by the fiscal. defamatory statement is made against a public
official with respect to the discharge of his
ARTICLE 361 - PROOF OF TRUTH official duties and functions and the truth of the
allegation is shown, the accused will be entitled
When admissible? to an acquittal even though he does not prove
(1) When the act or omission imputed that the imputation was published with good
constitutes a crime regardless of whether motives and for justifiable ends."
the offended party is a private individual or a
public officer. Moreover, the Court has ruled in a plethora of
(2) When the offended party is a Government cases that in libel cases against public officials
employee, even if the imputation does not which relate to official conduct liability will
constitute a crime, provided it is related to attach only if the public official concerned
the discharge of his official duties. proves that the statement was made with
actual malice, that is, with knowledge that it
Rule of actual malice [or malice in fact]: Even if was false.
the defamatory statement is false, NO liability
can attach IF it relates to official conduct, Imputations regarding official conduct do not
UNLESS the public official concerned proves carry the presumption of malice, hence even if
that the statement was made with actual the defamatory statement is false, if malice was
malice, i.e., with knowledge that it was false or not proven, there is no libel. Here petitioner
with reckless disregard of WON it was false. failed to prove actual malice on the part of the
private respondents. Nor was the Court of the
That the publication of the article was an opinion that the open letter was written to cast
honest mistake is not a complete defense but aspersion on the good name of the petitioner.
serves only to mitigate damages where article is
libelous per se. The paid advertisement merely served as a
vehicle to inform the stockholders of the goings-
on in the business world and only exposed the
Libel against a public official
irregularities surrounding the PCGG and RCBC
An open letter addressed to the stockholders of
deal and the parties involved. [Mario C.V
OPMC was the subject of a full-page
Jalandoni v Secretary of Justice (2000)]
advertisement published in 5 major daily
newspapers. Coyiuto, Jr., wrote in his capacity
Truth is a legitimate defense but only under the
as Chairman of the Board and President of
condition that the accused has been prompted
OPMC, that there was a sweetheart deal
in making the statement by good motives and
between Commissioner Mario Jalandoni of the
359
for justifiable ends. [Disini v. Secretary of Justice (2) By such an act, he incriminates or imputes
(2014)] to an innocent person the commision of a
crime
There must be sufficient evidence to permit the (3) Such act does not constitute perjury.
conclusion that the accused in fact entertained
serious doubts as to the truth of the statement INTRIGUING SLANDER INCRIMINATING
he published. Gross/extreme negligence is not AGAINST INNOCENT
sufficient to establish actual malice. The HONOR PERSON
prosecution bears the burden of proving the
presence of actual malice in instances where The source of Offender Offender
such element is required to establish guilt. The the made the performs an act
defense of absence of actual malice, even when defamatory utterance, by which he
the statement turns out to be false, is available utterance is where the directly
where the offended party is a public official or unknown and source of the incriminates or
public figure. the offender defamatory imputes to an
simply nature of the innocent person
Malice is presumed, however, when the repeats or utterance is the commission
offended party is a private individual. The law passes the known, and of a crime
presumes its existence (RPC Art 354) and the same to offender
accused has the burden of proof to show that he blemish the makes a
has a justifiable reason for the defamatory honor or republication
statement. reputation of thereof
another
ARTICLE 362 - LIBELOUS REMARKS
As far as this crime is concerned, this has been
(1) Libelous remarks or comments interpreted to be possible only in the so-called
(2) connected with the matter privileged under planting of evidence. If this act is resorted to, to
the provisions of Art. 354, enable officers to arrest the subject, the crime is
(3) if made with malice, unlawful arrest through incriminating innocent
(4) shall NOT exempt the author thereof nor persons.
the editor or managing editor of a
newspaper from criminal liability. This crime cannot be committed through verbal
incriminatory statements.
Libelous remarks or comments on matters
privileged, if made with malice in fact, do not
exempt the author and editor. PERJURY BY DEFAMATION
INCRIMINATING
MAKING
INNOCENT
CHAPTER II: INCRIMINATORY PERSON
FALSE
MACHINATIONS ACCUSATIONS
Act of planting Giving of false Public and
ARTICLE 363 - INCRIMINATING evidence and statement malicious
INNOCENT PERSON the like in order under oath or imputation
to incriminate making a false calculated to
Elements: an innocent affidavit, cause
(1) Offender performs an act
360
person imputing to
the person the
dishonor,
discredit, or
Title XIV. Quasi-Offenses
commission of contempt Article 365 - Imprudence
a crime upon the
offended and Negligence
party
Quasi-offenses punished:
(1) Committing through reckless imprudence
any act which, had it been intentional,
HONOR
would constitute a grave or less grave
Elements: felony or light felony;
(a) Offender disseminates any intrigue (2) Committing through simple imprudence or
(b) Its principal purpose is to blemish the negligence an act which would otherwise
honor or reputation of a person. constitute a grave or a less serious felony;
(3) Causing damage to the property of another
Intriguing against honor is referred to as through reckless imprudence or simple
gossiping: the offender, without ascertaining imprudence or negligence;
the truth of a defamatory utterance, repeats the (4) Causing through simple imprudence or
same and pass it on to another, to the damage negligence some wrong which, if done
of the offended party maliciously, would have constituted a light
felony.
Administrative Circular 08-2008 Re: Guidelines in IMPRUDENCE NEGLIGENCE

the Observance of a Rule of Preference in the
Imposition of Penalties in Libel Cases Lack of skill Lack of foresight
(1) This Administrative Circular does not Deficiency of action Deficiency of perception
remove imprisonment as an alternative Failure in precaution Failure in advertence
penalty for the crime libel under Article 355
of the RPC
Imprudence or negligence is not a crime itself; it
(2) The Judges concerned may, in the exercise
is simply a way of committing a crime. It
of sound discretion, and taking into
becomes punishable only when it results in a
consideration the peculiar circumstances of
crime.
each case, determine whether the
imposition of a fine alone would best serve
The rules for graduating penalties (under Art.
64) based on mitigating and aggravating
forbearing to impose imprisonment would
circumstances are NOT applicable to offenses
depreciate the seriousness of the offense,
punishable thru criminal negligence.
work violence on the social order, or
otherwise be contrary to the imperative of
QUALIFYING CIRCUMSTANCE: failure to render
justice;
immediate assistance to the injured party. This
(3) Should only a fine be imposed and the
qualifying circumstance must be distinguished
accused be unable to pay the fine, there is
from the punishable OMISSION under Article
no legal obstacle to the application of the
275.
RPC provision on subsidiary imprisonment.
361
If the danger that may result from the criminal

negligence is clearly perceivable, the Force majeure is an event which cannot be
imprudence is reckless. If it could hardly be foreseen, or which being foreseen is inevitable;
perceived, the criminal negligence would only it implies an extraordinary circumstance
be SIMPLE. independent of the will of the actor.
Criminal negligence is only a modality in Once malice is proven, recklessness disappears.

incurring criminal liability. This is so because [People v. Agliday (2001)}
under Article 3, a felony may result from dolo or
culpa. THEREFORE, even if there are several
results arising from ONLY ONE Elements of Simple Imprudence
CARELESSNESS, the accused may only be (a) There is lack of precaution on the part of
prosecuted under one count for the criminal the offender
negligence. Otherwise, double jeopardy would (b) The damage impending to be caused is not
arise. immediate or the danger is not clearly
manifest.
Elements of Reckless Imprudence: Test of negligence: Would a prudent man, in the

(a) The offender does or fails to do an act position of the person to whom negligence is
(b) The doing of or the failure to do the act is attributed, foresee harm as a result of the
voluntary course actually pursued? If so, it was the duty of
(c) It is without malice the actor to refrain from that course or to take
(d) Material damage results precautions against its mischievous results, and
(e) There is inexcusable lack of precaution on the failure to do so constitutes negligence.
the part of the offender, taking into
consideration: The measure of the damage should be the
(1) His employment/occupation difference in value of property immediately
(2) Physical condition before the incident and immediately after the
(3) Degree of intelligence repair.
(4) Other circumstances regarding the
persons, time and place Art. 64 relative to mitigating and aggravating
circumstances is not applicable to crimes
NOTE: committed through negligence.
(1) Reckless Imprudence Resulting in
Homicide The penalties provided in Art. 365 are not
(2) Resulting in Physical Injuries applicable in the ff. cases:
(1) When the penalty provided for the offense
Inexcusable lack of precaution is equal to or lower than those provided in
Factors to be considered in determining the first two paragraphs of Art. 365, in
inexcusable lack of precaution: which case the courts shall impose the
(1) Employment or occupation penalty next lower in degree that that
(2) Degree of intelligence and physical which should be imposed, in the period
condition of the offender; and which they may deem proper to apply.
(3) Other circumstances regarding persons, (2) When, by imprudence or negligence and
time, and place. with violation of the Automobile Law, the
362
death of a person shall be caused, in which to have been a better method, unless the
case the defendant shall be punished by emergency in which he finds himself is brought
prision correccional in its medium and about by his own negligence. [Gan v. CA (1988)]
maximum periods.
Violation of a rule or regulation or law is proof
When death or serious bodily injury to any of negligence. But negligence cannot be
person has resulted, the motor vehicle driver at predicated upon the mere fact of minority or
fault shall be punished under the Penal Code. lack of an operator’s license.
Contributory negligence is not a defense. It only The penalty next higher in degree is imposed if
mitigates criminal liability. the offender fails to lend on the spot to the
injured parties such help as may be in his hands
Sec. 59 of Act 3992 (Revised Motor Vehicle to give.
Law) gives the right of way to the driver coming
from the right of another, when both are Carillo v. People (1994): The gravamen of
travelling on intersecting streets of the same SIMPLE NEGLIGENCE is the failure to exercise
class. The grant of right of way does not relieve the diligence necessitated or called for by the
the motorist from the duty of keeping a lookout situation which was NOT immediately life-
for motorists entering the intersection from his destructive BUT which culminated, as in the
left or right. present case, in the death of a human being 3
days later.
Doctrine of last clear chance Medical malpractice, which is a form of

The contributory negligence of the party injured negligence, consists in the failure of a physician
will not defeat the action if it be shown that the or surgeon to apply to his practice of medicine
accused might, by exercise of reasonable care that degree of care and skill which is ordinarily
and prudence, have avoided the consequences employed by the profession generally, under
of the negligence of the injured party. similar conditions, and in like surrounding
circumstances. [Garcia-Rueda v. Pascasio (1997)]
Emergency rule
Res ipsa loquitur – the fact of the occurrence of
An automobile driver who, by negligence of
an injury, taken with the surrounding
another and not by his own negligence, is
circumstances, may permit an inference or raise
suddenly placed in an emergency and
a presumption of negligence, or make out a
compelled to act instantly to avoid collision or
plaintiff’s prima facie case, and present a
injury is not guilty of negligence if he makes
question of fact for the defendant to meet with
such a choice which a person of ordinary
an explanation. [Ramos v. CA (1999)]
prudence placed in such situation might make
even though he did not make the wisest choice.
Requisites for the application of res ipsa loquitur
One who suddenly finds himself in a place of (1) The accident was of a kind which does NOT
danger, and is required to act without time to ordinarily occur UNLESS someone is
consider the best means that may be adopted negligent;
to avoid the impending danger, is not guilty of
negligence, if he fails to adopt what
subsequently and upon reflection may appear
363
(2) The instrumentality or agency which precaution on the part of the person performing
caused the injury was under the exclusive such act.
control of the person in charge; and
(3) The injury suffered must NOT have been Compared to intentional felonies, such as
due to any voluntary action or contribution homicide or murder, what takes the place of the
of the person injured. element of malice or intention to commit a
wrong or evil i: the failure of the offender to take
Ordinarily, only physicians and surgeons of skill precautions due to lack of skill taking into
and experience are competent to testify as to account his employment, or occupation, degree
whether a patient has been treated or operated of intelligence, physical condition, and other
upon with a reasonable degree of skill and care. circumstances regarding persons, time and
place.
HOWEVER, testimony as to the statements and
acts of physicians and surgeons, external The elements of reckless imprudence are
appearances, and manifest conditions which apparent in the acts done by accused-
are observable by any one may be given by non- appellants which, because of their lack of
expert witnesses. [Reyes v. Sis. of Mercy Hospital medical skill in treating the victim of his alleged
(2000)] ailment, resulted in the latter's death. As
already stated, accused-appellants, none of
Illustration: whom is a medical practitioner, belong to a
People v. Carmen (2001): It would appear that religious group, known as the Missionaries of
accused-appellants are members of a cult and Our Lady of Fatima, which is engaged in faith
that the bizarre ritual performed over the victim healing.
was consented to by the victim's parents. With
the permission of the victim's parents, accused- Ivler v. Modesto-San Pedro (2010): The accused
appellant Carmen, together with the other got involved in a car accident for which he was
accused-appellants, proceeded to subject the charged with two separate offenses (RI
boy to a "treatment" calculated to drive the resulting to slight physical injuries and RI
"bad spirit" from the boy's body. Unfortunately, resulting to homicide and damage to property).
the strange procedure resulted in the death of He was convicted of the first offense and he
the boy. Thus, accused-appellants had no wanted the second information quashed on the
criminal intent to kill the boy. ground of double jeopardy. The Court held that
the Reckless Imprudence is a single crime and
Their liability arises from their reckless the consequences on persons and property are
imprudence because they ought that to know material only to determine the penalty. The
their actions would not bring about the cure. conviction or acquittal of such quasi-offense
They are, therefore, guilty of reckless bars subsequent prosecution for the same
imprudence resulting in homicide and not of quasi-offense, regardless of its various resulting
murder. acts. The law penalizes the negligent act and
not its result.
Art. 365 of the Revised Penal Code, as amended,
states that reckless imprudence consists in Rafael Reyes Trucking v. People (2000): Much of
voluntarily, but without malice, doing or failing the confusion has arisen from the common use
to do an act from which material damage of such descriptive phrase as 'homicide through
results by reason of inexcusable lack of reckless imprudence', and the like; when the
364
strict technical sense is, more accurately, (28) Article 289 - Formation, Maintenance,
'reckless imprudence resulting in homicide'; or and Prohibition of Combination of Capital
'simple imprudence causing damages to or Labor through Violence or Threats
property'."
Chapter III: Discovery and Revelation of Secrets
Title IX. Crimes against (4) Article 290 - Discovering Secrets through
Seizure of Correspondence
Personal Liberty and (5) Article 291 - Revealing Secrets with Abuse
of Office
Security (6) Article 292 - Revelation of Industrial
Secrets
Chapter I: Crimes against Liberty
(9) Article 267 - Kidnapping and Serious CHAPTER I CRIMES AGAINST LIBERTY
Illegal Detention ARTICLE 267 - KIDNAPPING AND
(10) Article 268 - Slight Illegal Detention SERIOUS ILLEGAL DETENTION
(11) Article 269 - Unlawful Arrest
Elements:
(12) Article 270 - Kidnapping and Failure to
Return a Minor (e) Offender is a private individual;
(f) He kidnaps or detains another, or in any
(13) Article 271 - Inducing a Minor to Abandon
His Home other manner deprives the latter of his
liberty;
(14) Article 272 – Slavery
(g) The act of detention or kidnapping must be
(15) Article 273 - Exploitation of Child Labor
(16) Article 274 - Services Rendered Under illegal;
Compulsion in Payment of Debt (h) In the commission of the offense, any of the
following circumstances is present:
Chapter II: Crimes against Security (1) The kidnapping lasts for more than 3
(15) Article 275 - Abandonment of Persons in days;
Danger and Abandonment of Own Victim (2) It is committed simulating public
authority;
(16) Article 276 - Abandoning a Minor
(3) Any serious physical injuries are inflicted
(17) Article 277 - Abandonment of Minor by
Person Entrusted With Custody; upon the person kidnapped or detained
Indifference of Parents or threats to kill him are made; or
(18) Article 278 - Exploitation of Minors (4) The person kidnapped or detained is a
(19) Article 280 - Qualified Trespass to minor, female, or a public officer.
Dwelling
The essential element of kidnapping is the
(20) Article 281 - Other Forms of Trespass
deprivation of the offended party’s liberty under
(21) Article 282 - Grave Threats
(22) Article 283 - Light Threats any of the four instances enumerated. But when
(23)Article 284 - Bond for Good Behavior the kidnapping was committed for the purpose
(24) Article 285 - Other Light Threats of extorting ransom, it is not necessary that one
or any of circumstances enumerated be present.
(25) Article 286 - Grave Coercions
(26) Article 287 - Light Coercions
(27) Article 288 - Other Similar Coercions If kidnapping be committed under element d (2),
(3), or (4), it is not necessary that the
kidnapping last for more than 3 days.
365
It suffices that there be actual or manifest

QUALIFYING CIRCUMSTANCES (penalty → restraint on the person or liberty of the victim.
death) Accused were guilty of kidnapping although the
(5) Purpose is to extort ransom. victim was found, at the time of her rescue,
(6) When the victim is killed or dies as a outside of the house where she was brought,
consequence of the detention. talking to the house owner who was the uncle of
(7) When the victim is raped. the accused. Her failure to attempt to escape
(8) When victim is subjected to torture or was explained by her to be due to her fear and
dehumanizing acts. threats of the accused to kill her should she do
so. In kidnapping, it is not necessary that the
The offenders here are private individuals or offended party be kept within an enclosure to
public officers acting in their private capacity. If restrict her freedom of locomotion. [People v.
they are public officers, they are covered by the Cortez, et al., 2000]
crimes under Title 2.
The victim’s lack of consent is also a
When a public officer conspires with a private fundamental element of kidnapping and serious
person in the commission of any of the crimes illegal detention. The involuntariness of the
under Title IX, the crime is also one committed seizure and detention is the very essence of the
under this title and not under Title II. crime. Although the victim may have initially
consented to go with the offender to a place,
The purpose is immaterial when any of the but the victim is thereafter prevented, with the
circumstances in the first paragraph of Art. 267 use of force, from leaving the place where he
is present. was brought to with his consent and is detained
against his will, the offender is still guilty of
Ransom kidnapping and serious illegal detention.
Means money, price or consideration paid or [People v. Pickrell, 2003]
demanded for the redemption of a captured
person that would release him from captivity.
No specific form of ransom is required to When detention is illegal
consummate the felony as long as the ransom It is not ordered by competent authority nor
was intended as a bargaining chip in exchange permitted by law.
for the victim’s freedom. Whether or not ransom
is actually paid to or received by the perpetrator Special complex crime of Kidnapping with
is of no moment. [People v. Jatulan, 2007] Murder
When the victim dies or is killed as a
Actual demand for ransom is not necessary, as consequence of the detention, which is covered
long as it can be proven that the kidnapping by the last paragraph of Art. 267 as amended.
was done for the purpose of extorting money.
Forcible abduction
It is essential that there be actual confinement If a woman is transported from one place to
or restriction of the person of the offended party. another by virtue of restraining her of her liberty,
It is not necessary that the victim be placed in and that act is coupled with lewd designs.
an enclosure, as long as he is deprived, in any
manner, of his liberty.
366
Serious illegal detention Leaving a child in a place from which he did not
If a woman is transported just to restrain her of know the way home, even if he had the freedom
her liberty. There is no lewd design or lewd to roam around the place of detention, would
intent. still amount to deprivation of liberty, for under
such a situation, the child’s freedom remains at
Grave coercion the mercy and control of the abductor. [People v
If a woman is carried away just to break her will, Baluya, 2011]
to compel her to agree to the demand or
request by the offender.
The elements of kidnapping for ransom under
Article 267 of the RPC as amended by RA 7659
Illegal Detention Arbitrary Detention
warranting the imposition of the death penalty are
Committed by a Committed by public as follows:
private individual who officer or employee who (4) intent on the part of the accused to deprive
unlawfully deprives a detains a person the victim of his liberty;
person of his liberty without legal ground (5) actual deprivation of the victim of his
liberty; and
Crime against Crime against the
(6) motive of the accused, which is extorting
personal liberty fundamental laws of the
ransom for the release of the victim.
State
Neither actual demand for nor payment of

Where the evident purpose of taking the victim ransom is necessary for the consummation of
was to kill him, and from the acts of the accused the felony. It is sufficient that the deprivation of
it cannot be inferred that the latter’s purpose liberty was for extorting ransom even if none of
was to actually detain or deprive the victim of the four circumstances mentioned in Article 267
his liberty, the subsequent killing of the victim were present in its perpetration. [People v.
did not constitute the crime of kidnapping. The Cenahonon (2007)]
demand for ransom did not convert the crime
into kidnapping, since no deprivation of liberty Article 267 has been modified by RA 7659 (an
was involved. [People v Padica (1993)] act to impose the death penalty on certain
heinous crimes, amending for that purpose the
The essence of kidnapping is the actual revised penal laws, as amended, other special
deprivation of the victim’s liberty coupled with penal laws, and for other purposes) in the
the intent of the accused to effect it. [People v following respects:
Luartes (1999)] (7) Illegal detention becomes serious when it
shall have lasted for more than three days,
Physical detention is not necessary. It is enough instead of five days as originally provided;
that the victim is under the complete control of (8) In paragraph 4, if the person kidnapped or
the perpetrators as in this case when the detained was a minor and the offender
Japanese victim had to rely on his abductors for was anyone of the parents, the latter has
survival after he was tricked into believing that been expressly excluded from the
the police was after him. It was also held in this provision. The liability of the parent is
case that keeping a person as collateral for provided for in the last paragraph of
payment of an obligation is kidnapping. [People Article 271;
v. Tomio]
367
(9) A paragraph was added to Article 267, as a separate crime. forcible abduction, the
which states: When the victim is killed or former being an
dies as a consequence of the detention or is expression of a lewd
raped, or is subjected to torture, or design.
dehumanizing acts, the maximum penalty
shall be imposed. If there are multiple If there are multiple
(10) The amendment introduced in our criminal rapes, there is only rapes, only one is
statutes the concept of "special complex one special complex complexed with forcible
crime" of kidnapping with murder or crime of Kidnapping abduction and the rest
homicide. with Rape. shall be considered as
(11) It eliminated the distinction drawn by the separate crimes.
courts between those cases where the
killing of the kidnapped victim was ARTICLE 268 - SLIGHT ILLEGAL
purposely sought by the accused, and DETENTION
those where the killing of the victim was
not deliberately resorted to but was merely Elements:
an afterthought. (e) Offender is a private individual;
(12) Although the victim was raped 27 times, (f) He kidnaps or detains another, or in any
there is only one crime of kidnapping with other manner deprives him of his liberty.
rape, not kidnapping with rape and 26 (g) The act of kidnapping or detention is
separate counts of rape. In a way, R.A. illegal;
7659 depreciated the seriousness of rape (h) The crime is committed without the
because no matter how many times the attendance of any of the circumstances
victim was raped, like in the present case, enumerated in Article 267.
there is only one crime committed – the This felony is committed if any of the five
special complex crime of kidnapping with circumstances in the commission of kidnapping
rape. [People v Felipe Mirandilla, 2011] or detention enumerated in Article 267 is not
present.
Kidnapping with Forcible Abduction with Privileged mitigating circumstances

Rape Rape – The penalty is lowered if:
Lewd design came At the outset, there is (4) The offended party is voluntarily released
after the intent to already lewd design within three days from the start of illegal
kidnap the victim detention;
(5) Without attaining the intended purpose;
It is a special It is a complex crime
AND
complex crime. under RPC 48 since
(6) Before the institution of the criminal action.
forcible abduction is a
necessary means of
The prevailing rule now is Asistio v. Judge, which
committing the crime of
provides that voluntary release will only
rape.
mitigate criminal liability if crime was slight
It there is an If there is an attempted illegal detention. If serious, it has no effect.
attempted rape, it rape, the crime
shall be considered committed is only
368
The liability of one who furnishes the place Note: This felony may also be committed by
where the offended party is being held captive is public officers.
that of a principal and not of an accomplice.
ARTICLE 269 - UNLAWFUL ARREST Unlawful Arrest vs. Delay in the Delivery of
Detained Persons
Elements DELAY IN THE DELIVERY UNLAWFUL
(d) Offender arrests or detains another OF DETAINED PERSONS ARREST (Art. 269)
person; (Art. 125)
(e) The purpose of the offender is to deliver
Detention is for some legal Detention is not
him to the proper authorities;
ground. authorized by law.
(f) The arrest or detention is not authorized
by law or there is no reasonable ground Crime is committed by Committed by
therefor. failing to deliver such making an arrest
person to the proper not authorized by
This felony consists in making an arrest or judicial authority within a law
detention without legal or reasonable ground certain period.
for the purpose of delivering the offended party
to the proper authorities. ARTICLE 270 - KIDNAPPING AND
FAILURE TO RETURN A MINOR
Generally, this crime is committed by
incriminating innocent persons by the offender’s Elements:
planting evidence to justify the arrest – a (c) Offender is entrusted with the custody of a
complex crime results, that is, unlawful arrest minor person (whether over or under seven
through incriminatory machinations under years but less than 18 years of age)
Article 363. (d) He deliberately fails to restore the said
minor to his parents or guardians
If the arrest is made without a warrant and
under circumstances not allowing a warrantless If any of the foregoing elements is absent, the
arrest, the crime would be unlawful arrest. kidnapping of the minor will then fall under
Article 267.
If the person arrested is not delivered to the
authorities, the private individual making the The essential element which qualifies the crime
arrest incurs criminal liability for illegal of kidnapping a minor under Art. 270 is that the
detention under Article 267 or 268. offender is entrusted with the custody of the
minor.
If the offender is a public officer, the crime is
arbitrary detention under Article 124. If the accused is any of the parents, Article 267
does not apply; Articles 270 and 271 will then
If the detention or arrest is for a legal ground, apply.
but the public officer delays delivery of the
person arrested to the proper judicial If the taking is with the consent of the parents,
authorities, then Article 125 will apply. the crime in Article 270 is committed.
369
What is punished is the deliberate failure of the The minor should not leave his home of his own
custodian of the minor to restore the latter to free will. What constitutes the crime is the act of
his parents or guardians. inducing a minor to abandon the home of his
guardian, and it is not necessary that the minor
The deliberate failure to return a minor under actually abandons the home.
one’s custody constitutes deprivation of liberty.
Kidnapping and failure to return a minor is Father or mother may commit the crimes in Art.
necessarily included in kidnapping and serious 170 and 171 where they are living separately and
illegal detention of a minor under Article 267(4). the custody of the minor children is given to one
[People v. Generosa] of them.
Where a minor child was taken by the accused The law is intended to discourage and prevent
without the knowledge and consent of his disruption of filial relationships and undue
parents, the crime is kidnapping and serious interference with the parents’ right and duty to
illegal detention under Article 267, not the custody of their minor children and to rear
kidnapping and failure to return a minor under them.
Article 270. [People v. Mendoza]
ARTICLE 272 - SLAVERY
Art. 270 distinguished from Art. 267 Elements:
Art. 270 Art. 267 (c) Offender purchases, sells, kidnaps or
detains a human being;
Offender is The offender is not
(d) The purpose of the offender is to enslave
entrusted with the entrusted with the custody
such human being.
custody of the of the minor.
minor
This is committed if anyone shall purchase,
What is punished is What is punished is the kidnap, or detain a human being for the
the illegal deliberate failure of the purpose of enslaving him.
detaining or offender having custody of
kidnapping of the the minor to restore him to The penalty is increased if the purpose of the
minor his parents or guardians offender is to assign the offended party to some
immoral traffic.
ARTICLE 271 - INDUCING A MINOR TO
If the purpose of the kidnapping or detention is
ABANDON HIS HOME
to enslave the offended party, slavery is
Elements:
committed.
(c) A minor (whether over or under seven
years of age) is living in the home of his
The crime is slavery if the offender is not
parents or guardians or the person
engaged in the business of prostitution. If he is,
entrusted with his custody;
the crime is white slave trade under Article 341.
(d) Offender induces said minor to abandon
such home.
The employment or custody of a minor with the
consent of the parent or guardian, although
Inducement must be (a) actual, and (b)
against the child’s own will, cannot be
committed with criminal intent.
considered involuntary servitude.
370
whether or not the

But where it is proven that the defendant was
victim is a minor
obliged to render service in plaintiff’s house as a
servant without remuneration whatever and to The debtor himself The minor is compelled
remain there so long as she has not paid her is the one to render services for the
debt, there is slavery. compelled to work supposed debt of his
for the offender parents or guardian
See Special Law: RA 9208 (Anti-Trafficking of
Person Act of 2003) Limited to Service is not limited
household work or
ARTICLE 273 - EXPLOITATION OF CHILD farm labor
LABOR
Elements: CHAPTER II: CRIMES AGAINST

(d) Offender retains a minor in his services; SECURITY
(e) It is against the will of the minor;
(f) It is under the pretext of reimbursing ARTICLE 275 - ABANDONMENT OF
himself of a debt incurred by an ascendant, PERSONS IN DANGER AND
guardian or person entrusted with the
ABANDONMENT OF OWN VICTIM
custody of such minor.
The existence of indebtedness constitutes no Mode 1: W/O detriment to self

legal justification for holding a person and Failing to render assistance to any person
depriving him of his freedom to live where he whom the offender finds in an uninhabited
wills. place, wounded or in danger of dying when he
can render such assistance without detriment to
ARTICLE 274 - SERVICES RENDERED himself, unless such omission shall constitute a
UNDER COMPULSION IN PAYMENT OF more serious offense.
DEBT
Elements:
Elements: (5) The place is not inhabited;
(d) Offender compels a debtor to work for him, (6) Accused found there a person wounded or
either as a household servant or farm in danger of dying;
laborer; (7) Accused can render assistance without
(e) It is against the debtor’s will; detriment to himself;
(f) The purpose is to require or enforce the (8) Accused fails to render assistance.
payment of a debt.
MODE 2: accidentally wound another

Service under Compulsion distinguished from
Failing to help or render assistance to another
Exploitation of Child Labor
whom the offender has accidentally wounded or
Service under Exploitation of Child injured;
Compulsion Labor
Does not distinguish Victim must be a minor
371
MODE 3: abandoning a child < 7 The ruling that the intent to kill is presumed
By failing to deliver a child, under seven years of from the death of the victim of the crime is
age, whom the offender has found abandoned, applicable only to crimes against persons, and
to the authorities or to his family, or by failing to not to crimes against security, particularly the
deliver him to a safe place. crime of abandoning a minor under Art. 276.
Does not apply: When a person intentionally If the offender is the parent of the minor who is
wounds another and leaves him in an abandoned, he shall be deprived of parental
uninhabited place. authority. (Civil Code, Art. 332)
Immaterial: That the offender did not know that ARTICLE 277 - ABANDONMENT OF
the child is under seven years. MINOR BY PERSON ENTRUSTED WITH
CUSTODY; INDIFFERENCE OF PARENTS
The child under seven years of age must be
found by the accused in an unsafe place.
MODE 1: W/O consent of guardian
ARTICLE 276 - ABANDONING A MINOR Delivering a minor to a public institution or
other persons without the consent of the one
Elements: who entrusted such minor to the care of the
(e) Offender has the custody of a child; offender or, in the absence of that one, without
(f) The child is under seven years of age; the consent of the proper authorities;
(g) He abandons such child;
(h) He has no intent to kill the child when the
latter is abandoned. Elements:
(d) Offender has charge of the rearing or
education of a minor;
Circumstances qualifying the offense: (e) He delivers said minor to a public
(3) When the death of the minor resulted from institution or other persons;
such abandonment; or (f) The one who entrusted such child to the
(4) If the life of the minor was in danger offender has not consented to such act; or
because of the abandonment. if the one who entrusted such child to the
offender is absent, the proper authorities
The purpose in abandoning the minor under his have not consented to it.
custody is to avoid the obligation of taking care
of said minor.
MODE 2: neglecting education
A permanent, conscious and deliberate Neglecting his (offender’s) children by not
abandonment is required in this article. There giving them the education which their station in
must be an interruption of the care and life requires and financial condition permits.
protection the minor needs by reason of his age.
Elements:
Intent to kill cannot be presumed from the
(d) Offender is a parent;
death of the child. When there is intent to kill,
(e) He neglects his children by not giving
this article does not apply.
them education;
372
(f) His station in life requires such education an ascendant, guardian, teacher or person
and his financial condition permits it. entrusted in any capacity with the care of such
child;
Obligation to educate children terminates if the
mother and children refuse without good reason
to live with the accused. Mode 5: inducing child under 16 to abandon home
to be employed like 2
Failure to give education must be due to Inducing any child under 16 years of age to
deliberate desire to evade such obligation. If the abandon the home of its ascendants, guardians,
parents cannot give education because they had curators or teachers to follow any person
no means to do so, then they will not be liable engaged in any of the callings mentioned in
under this article. paragraph 2 or to accompany any habitual
vagrant or beggar, the offender being any
ARTICLE 278 - EXPLOITATION OF person.
MINORS
Circumstance qualifying the offense:
(3) If the delivery of the child to any person
Mode 1: Physical strength/contortion
following any of the calling of acrobat,
Causing any boy or girl under 16 years of age to
gymnast, rope-walker, diver, wild-animal
perform any dangerous feat of balancing,
tamer or circus manager or to any habitual
physical strength or contortion, the offender
vagrant or beggar is made in consideration
being any person;
of any price, compensation or promise.
(4) The offender is engaged in a kind of
Mode 2: exhibition/acrobat/circus business that would place the life or limb
Employing children under 16 years of age who of the minor in danger, even though
are not the children or descendants of the working for him is not against the will of
offender in exhibitions of acrobat, gymnast, the minor.
rope-walker, diver, or wild-animal tamer, the
offender being an acrobat, etc., or circus Nature of the Business: this involves circuses
manager or engaged in a similar calling; which generally attract children so they
themselves may enjoy working there unaware of
the danger to their own lives and limbs.
Mode 3: descendant employed like 2
Employing any descendant under 12 years of Age: Must be below 16 years. Article 278 has no
age in dangerous exhibitions enumerated in the application if minor is 16 years old and above,
next preceding paragraph, the offender being but the exploitation will be dealt with by RA
engaged in any of the said callings; 7610.
If the employer is an ascendant, the crime is not

Mode 4: delivering child under 16 to be employed
committed, unless the minor is less than 12
like 2
years old.
Delivering a child under 16 years of age
gratuitously to any person following any of the
If the minor so employed would suffer some
callings enumerated in mode 2, or to any
injuries as a result of a violation of Article 278,
habitual vagrant or beggar, the offender being
Article 279 provides that there would be
373
additional criminal liability for the resulting

felony. If the purpose is not shown and while inside the
dwelling he was found by the occupants, one
EXPLOITATION OF MINORS INDUCING A whom he subsequently injured if there was a
(RPC 278, PAR. 5) MINOR TO struggle, the crime committed will be trespass
ABANDON HIS to dwelling and frustrated homicide or physical
HOME (RPC 271) injuries, or if there was no injury, unjust vexation.
Purpose of inducing the No such purpose If the entry is made by a way not intended for
minor to abandon his home entry, it is presumed to be against the will of the
is to follow any person occupant (example, entry through a window).
engaged in any of the
callings mentioned It is not necessary that there be a breaking.
Victim is under 16 years of Victim is a minor
age (below 18 years “Against the will” – This means that the
of age) entrance is, either expressly or impliedly,
prohibited or the prohibition is presumed.
It is a well-settled rule that whoever enters the

dwelling of another at late hour of the night
DWELLING after the inmates have retired and closed their
Elements doors does so against their will. Prohibition is
(d) Offender is a private person; presumed. [US v Mesina; US v Panes]
(e) He enters the dwelling of another;
(f) Such entrance is against the latter’s will. Prohibition must be in existence prior to or at
the time of entrance, but prohibition is not
necessary when violence or intimidation is
Qualifying circumstance: employed by the offender (qualified trespass).
The offense is committed by means of violence
or intimidation. Fraudulent entrance may constitute trespass.
The prohibition to enter may be made at any
DWELLING – This is the place that a person time and not necessarily at the time of the
inhabits. It includes the dependencies which entrance.
have interior communication with the house.
To prove that an entry is against the will of the
It is not necessary that it be the permanent occupant, it is not necessary that the entry
dwelling of the person; hence, a person’s room should be preceded by an express prohibition,
in a hotel may be considered a dwelling. It also provided that the opposition of the occupant is
includes a room where one resides as a boarder. clearly established by the circumstances under
which the entry is made, such as the existence
If the purpose in entering the dwelling is not of enmity or strained relations between the
shown, trespass is committed. If the purpose is accused and the occupant.
shown, it may be absorbed in the crime as in
robbery with force upon things, the trespass If the offender is public officer, the crime is
yielding to the more serious crime. violation of domicile.
374
(5) If the purpose is to render some service to

humanity or justice.
Examples of trespass by means of violence: (6) If the place where entrance is made is a
(4) Pushing the door violently and maltreating café, tavern, inn, and other public house,
the occupants after entering. while the same are open.
(5) Cutting of a ribbon or string with which the
door latch of a closed room was fastened. Note: A person who believes that a crime has
The cutting of the fastenings of the door been committed against him has every right to
was an act of violence. go after the culprit and arrest him without any
(6) Wounding by means of a bolo, the owner warrant even if in the process he enters the
of the house immediately after entrance house of another against the latter’s will. [Sec. 6,
Rule 113, Rules of Court]
Examples of trespass by means of intimidation:
(3) Firing a revolver in the air by persons ARTICLE 281 - OTHER FORMS OF
attempting to force their way into a house. TRESPASS
(4) The flourishing of a bolo against inmates
Elements:
of the house upon gaining an entrance
(e) Offender enters the closed premises or the
fenced estate of another;
In the prosecution for trespass, the material fact
(f) The entrance is made while either of them
or circumstance to be considered is the
is uninhabited;
occurrence of the trespass. The gravamen of the
(g) The prohibition to enter is manifest;
crime is violation of possession or the fact of
(h) The trespasser has not secured the
having caused injury to the right of the
permission of the owner or the caretaker
possession. [Marzalado v. People]
thereof.
If a person was killed after trespass by the
Premises – signifies distinct and definite locality.
offender, the following crimes are committed:
It may mean a room, shop, building or definite
o If there was no intent to kill when he
area, but in either case, locality is fixed.
entered – separate crimes of homicide or
murder qualified by trespass to dwelling
o If there was intent to kill when he entered Qualified Trespass vs. Other Forms of Trespass
– the crime of homicide/murder with
QUALIFIED
dwelling as an aggravating circumstance OTHER FORMS OF
TRESPASS TO
TRESPASS
DWELLING
Trespass may be committed by the owner of a (ART. 281)
(ART. 280)
dwelling (i.e. lessor enters the house leased to
another against the latter’s will). Offender is a private The offender is any person
person
Cases to which the provision of this article is Offender enters a Offender enters closed
NOT applicable: dwelling premises or fenced estate
(4) If the entrance to another’s dwelling is
made for the purpose of preventing some Place entered is Place entered is
serious harm to himself, the occupants of inhabited uninhabited
the dwelling, or a third person. Act constituting the It is the entering the
375
crime is entering the closed premises or the (e) Such wrong amounts to a crime.
dwelling against the fenced estate without (f) Threat is not subject to a condition.
will of the owner securing the permission of
the owner or caretaker
Qualifying Circumstance:
thereof
If threat was made
Prohibition to enter Prohibition to enter must (3) in writing OR
is express or implied be manifest (4) through a middleman.
ARTICLE 282 - GRAVE THREATS It is essential that there be intimidation.
Mode 1: threatening, even not unlawful As the crime consists in threatening another
Threatening another with the infliction upon his with some future harm, it is not necessary that
person, honor or property or that of this family the offended party was present at the time the
of any wrong amounting to a crime and threats were made. It is sufficient that the
demanding money or imposing any other threats came to the knowledge of the offended
condition, even though not unlawful, and the party.
offender attained his purpose;
When consummated: As soon as the threats
Elements: came to the knowledge of the offended party.
(e) Offender threatens another person with
the infliction upon the latter’s person, Threats made in connection with the
honor or property, or upon that of the commission of other crimes are absorbed by the
latter’s family, of any wrong. latter.
(f) Such wrong amounts to a crime.
(g) There is a demand for money or that any The offender in grave threats does not demand
other condition is imposed, even though the delivery on the spot of the money or other
not unlawful. personal property demanded by him. When
(h) Offender attains his purpose. threats are made and money is taken on the
spot, the crime may be robbery with
intimidation.
Mode 2: threat w/o attaining purpose
Making such threat without the offender
The penalties for the first two types of grave
attaining his purpose;
threats depend upon the penalties for the
crimes threatened to be committed. One degree
Mode 3: threat = crime lower if the purpose is attained, and two
Threatening another with the infliction upon his degrees lower if the purpose is not attained.
person, honor or property or that of his family of
any wrong amounting to a crime, the threat not If the threat is not subject to a condition, the
being subject to a condition. penalty is fixed at arresto mayor and a fine not
exceeding 500 pesos.
Elements:
(d) Offender threatens another person with In the first two types, if the threat is made in
the infliction upon the latter’s person, writing or through a middleman, the penalty is
honor or property, or upon that of the to be imposed in its maximum period.
latter’s family, of any wrong.
376
The third type of grave threats must be serious Bond for Good Bond to Keep the Peace
and deliberate; the offender must persist in the Behavior
idea involved in his threats. The threat should
not be made in the heat of anger, because such Applicable only Not made applicable to any
is punished under Article 285. If the condition is to grave threats particular case
not proved, it is grave threats of the third type. and light threats
If offender fails If the offender fails to give
ARTICLE 283 - LIGHT THREATS to give bail, he bond, he shall be detained for
shall be a period not exceeding 6
Elements: sentenced to months (if prosecuted for
(e) Offender makes a threat to commit a destierro grave/less grave felony) or
wrong; not exceeding 30 days (light
(f) The wrong does not constitute a crime; felony)
(g) There is a demand for money or that other
condition is imposed, even though not NOT a distinct A distinct penalty
unlawful; penalty
(h) Offender has attained his purpose or, that
he has not attained his purpose. ARTICLE 285 – OTHER LIGHT THREATS
The harm threatened must not be in the nature

of crime and there is a demand for money or any Mode 1: threat w/weapon in a quarrel
other condition is imposed, even though lawful. Threatening another with a weapon, or by
drawing such weapon in a quarrel, unless it be
Blackmailing may be punished under this article. in lawful self-defense;
GRAVE THREATS LIGHT THREATS Mode 2: oral threat = crime, in anger

Act threatened Act threatened does not Orally threatening another, in the heat of anger,
amounts to a crime amount to a crime with some harm constituting a crime, without
persisting in the idea involved in his threat;
ARTICLE 284 - BOND FOR GOOD
BEHAVIOR Mode 3: oral threat = not felony
Orally threatening to do another any harm not
When a person is required to give bail bond: constituting a felony.
(3) When he threatens another under the
circumstances mentioned in Art. 282 Under the first type, the subsequent acts of the
(Grave Threats). offender must show that he did not persist in
(4) When he threatens another under the the idea involved in the threat.
circumstances mentioned in Art. 283
(Light Threats). Threats which are ordinarily grave threats, if
made in the heat of anger, may be other light
Bond for Good Behavior distinguished from Bond threats.
to Keep the Peace
377
If the threats are directed to a person who is Two ways of committing Grave Coercion:
absent and uttered in a temporary fit of anger, (3) Preventive – Preventing another, by means
the offense is only other light threats. of violence, threats, or intimidation, from
doing something not prohibited by law
OTHER LIGHT GRAVE THREATS AND LIGHT (4) Compulsive – Compelling another, by
THREATS THREATS means of violence, threats, or intimidation,
to do something against his will, whether
No demand for In certain cases, demand for it be right or wrong
money money is material
No condition In certain cases, imposed
Purpose of the Law:
imposed condition is material.
To enforce the principle that no person may
take the law into his hands, and that our
Threat is not Threat is deliberate government is one of law, not of men.
deliberate
Arises only if the act which the offender
ARTICLE 286 - GRAVE COERCIONS prevented another to do is not prohibited by law
or ordinance.
Mode 1: preventing w/violence, something not
prohibited by law If a person prohibits another to do an act
Preventing another, by means of violence, because the act is a crime, even though some
threats or intimidation, from doing something sort of violence or intimidation is employed, it
not prohibited by law; would not give rise to grave coercion. It may
only give rise to threat or physical injuries, if
some injuries are inflicted.
Mode 2: compelling another to do something vs.
will
In case of grave coercion where the offended
Compelling another, by means of violence,
party is being compelled to do something
threats or intimidation, to do something against
against his will, whether it be wrong or not, the
his will, whether it be right or wrong.
crime of grave coercion is committed if violence
Elements: or intimidation is employed in order to compel
(d) A person prevented another from doing him to do the act.
something not prohibited by law, or that
he compelled him to do something against A public officer who shall prevent by means of
his will; be it right or wrong; violence or threats the ceremonies or
(e) The prevention or compulsion be effected manifestations of any religion is guilty of
by violence, threats or intimidation; and interruption of religious worship (Art. 132).
(f) The person that restrained the will and
liberty of another had not the authority of Any person who, by force, prevents the meeting
law or the right to do so, or in other words, of a legislative body is liable under Art. 143.
that the restraint shall not be made under
authority of law or in the exercise of any Any person who shall use force or intimidation
lawful right. to prevent any member of Congress from
attending the meetings thereof, expressing his
378
opinions, or casting his vote is liable under Art. purpose of applying the same to the payment of
145. the debt.
The crime is not grave coercion when the

violence is employed to seize anything Unjust Vexation
belonging to the debtor of the offender. It is Any act committed without violence, but which
light coercion under Art. 287. unjustifiably annoys or vexes an innocent
person amounts to light coercion. It should
Coercion is consummated even if the offended include any human conduct which, although not
party did not accede to the purpose of coercion. productive of some physical or material harm
would, however, unjustifiably annoy or vex an
The owner of a thing has no right to prohibit the innocent person.
interference of another with the same, if the
interference is necessary to avert an imminent Unjust Vexation is distinguished from grave
danger and the threatened damage, compared coercion by the absence of violence.
to the damage arising to the owner from the
interference, is much greater. (Art. 432, Civil THREATS COERCION
Code) Intimidation is Intimidation or violence
essential is the essence of the
Neither the crime of threats nor coercion is
crime
committed although the accused, a branch
manager of a bank made the complainant sign Intimidation is future Force or violence must
a withdrawal slip for the amount needed to pay and conditional be imminent, actual,
the spurious dollar check she had encashed, and immediate
and also made her execute an affidavit Intimidation is Intimidation is directed
regarding the return of the amount against her directed against the against the victim only
better sense and judgment. The complainant victim or his family
may have acted reluctantly and with hesitation,
but still, it was voluntary. [Lee v. CA]
ARTICLE 288 - OTHER SIMILAR
ARTICLE 287 - LIGHT COERCIONS COERCIONS
Mode 1: force/compel to buy commodities from

Elements:
him
(e) Offender must be a creditor;
Forcing or compelling, directly or indirectly, or
(f) He seizes anything belonging to his
knowingly permitting the forcing or compelling
debtor:
of the laborer or employee of the offender to
(g) The seizure of the thing be accomplished
purchase merchandise of commodities of any
by means of violence or a display of
kind from him;
material force producing intimidation;
(h) The purpose of the offender is to apply the Elements:
same to the payment of the debt. (d) Offender is any person, agent or officer of
any association or corporation;
Deals with light coercions wherein violence is (e) He or such firm or corporation has
employed by the offender who is a creditor in employed laborers or employees;
seizing anything belonging to his debtor for the
379
(f) He forces or compels, directly or indirectly, ARTICLE 289 - FORMATION,

or knowingly permits to be forced or MAINTENANCE, AND PROHIBITION OF
compelled, any of his or its laborers or COMBINATION OF CAPITAL OR LABOR
employees to purchase merchandise or THROUGH VIOLENCE OR THREATS
commodities of any kind from him or from
said firm or corporation. Elements:
(c) Offender employs violence or threats, in
such a degree as to compel or force the
Mode 2: wages paid by token or obj laborers or employers in the free and legal
Paying the wages due his laborer or employee exercise of their industry or work;
by means of tokens or object other than the (d) The purpose is to organize, maintain or
legal tender currency of the Philippines, unless prevent coalitions of capital or labor, strike
expressly requested by such laborer or of laborers or lockout of employers.
employee.
Elements: Repealed by the Labor Code.

(d) Offender pays the wages due a laborer or
employee employed by him by means of
CHAPTER III: DISCOVERY AND
tokens or object;
(e) Those tokens or objects are other than the REVELATION OF SECRETS
legal tender currency of the Philippines;
(f) Such employee or laborer does not ARTICLE 290 - DISCOVERING SECRETS
expressly request that he be paid by THROUGH SEIZURE OF
means of tokens or objects. CORRESPONDENCE
General rule: wages shall be paid in legal tender Elements:

and the use of tokens, promissory notes, (e) Offender is a private individual or even a
vouchers, coupons or any other forms alleged to public officer not in the exercise of his
represent legal tender is absolutely prohibited official function;
even when expressly requested by the employee. (f) He seizes the papers or letters of another;
(Section 1, Rule VIII, Book III, Omnibus Rules (g) The purpose is to discover the secrets of
Implementing the Labor Code) such another person;
(h) Offender is informed of the contents of the
No employer shall limit or otherwise interfere papers or letters seized.
with the freedom of any employee to dispose of
his wages. He shall not in any manner force, This is a crime against the security of one’s
compel, oblige his employees to purchase papers and effects. The purpose must be to
merchandise, commodities or other property discover its effects. The act violates the privacy
from the employer or from any other person. of communication.
(Art. 112, Labor Code.)
According to Dean Ortega, it is not necessary
that the offender should actually discover the
contents of the letter. Reyes, citing People v.
Singh, CA, 40 OG, Suppl. 5, 35, believes
otherwise.
380
The last paragraph of Article 290 expressly Essence of this crime is that the offender
makes the provision of the first and second learned of the secret in the course of his
paragraph thereof inapplicable to parents, employment.
guardians, or persons entrusted with the
custody of minors placed under their care or He is enjoying a confidential relation with the
custody, and to the spouses with respect to the employer or master so he should respect the
papers or letters of either of them. privacy of matters personal to the latter.
The teachers or other persons entrusted with Reason: no one has a right to the personal
the care and education of minors are included in privacy of another.
the exceptions.
ARTICLE 292 - REVELATION OF
Distinction from estafa, damage to property, INDUSTRIAL SECRETS
and unjust vexation:
(4) If the act had been executed with intent to Elements:
gain, it would be estafa; (e) Offender is a person in charge, employee
(5) If, on the other hand, the purpose was not or workman of a manufacturing or
to defraud, but only to cause damage to industrial establishment;
another, it would merit the qualification of (f) The manufacturing or industrial
damage to property; establishment has a secret of the industry
(6) If the intention was merely to cause which the offender has learned;
vexation preventing another to do (g) Offender reveals such secrets;
something which the law does not prohibit (h) Prejudice is caused to the owner.
or compel him to execute what he does not
want, the act should be considered as Secrets must relate to manufacturing processes.
unjust vexation.
The act constituting the crime is revealing the
ARTICLE 291 - REVEALING SECRETS WITH secret of the industry which the offender has
ABUSE OF OFFICE learned.
Elements: The revelation of the secret might be made after

(d) Offender is a manager, employee or the employee or workman had ceased to be
servant; connected with the establishment.
(e) He learns the secrets of his principal or
master in such capacity; Prejudice is an element of the offense.
(f) He reveals such secrets.
SPECIAL LAWS
An employee, manager, or servant who came to RA 4200 (ANTI WIRE TAPPING ACT)
know of the secret of his master or principal in
such capacity and reveals the same shall also Punishable Acts
be liable regardless of whether or not the It shall be unlawful for:
principal or master suffered damages. (3) Any person, not being authorized by all the
parties to any private communication or
spoken word, to tap any wire or cable, or
by using any other device or arrangement,
381
to secretly overhear, intercept, or record Exceptions:

such communication or spoken word by Any peace officer, who is authorized by a written
using a device commonly known as a order of the Court, to execute any of the acts
dictaphone or dictagraph or dictaphone or declared to be unlawful in the two preceding
walkie-talkie or tape recorder, or however sections in cases involving the crimes of treason,
otherwise described: espionage, provoking war and disloyalty in case
(4) Any person, be he a participant or not in of war, piracy, mutiny in the high seas, rebellion,
the act or acts penalized in the next conspiracy and proposal to commit rebellion,
preceding sentence, to knowingly possess inciting to rebellion, sedition, conspiracy to
any tape record, wire record, disc record, or commit sedition, inciting to sedition, kidnapping
any other such record, or copies thereof, of as defined by the RPC, and violations of
any communication or spoken word Commonwealth Act No. 616, punishing
secured either before or after the effective espionage and other offenses against national
date of this Act in the manner prohibited security: Provided, That such written order shall
by this law; or to replay the same for any only be issued or granted upon written
other person or persons; or to application and the examination under oath or
communicate the contents thereof, either affirmation of the applicant and the witnesses
verbally or in writing, or to furnish he may produce and a showing:
transcriptions thereof, whether complete (4) that there are reasonable grounds to
or partial, to any other person: Provided, believe that any of the crimes enumerated
That the use of such record or any copies hereinabove has been committed or is
thereof as evidence in any civil, criminal being committed or is about to be
investigation or trial of offenses mentioned committed: Provided, however, That in
in section 3 hereof, shall not be covered by cases involving the offenses of rebellion,
this prohibition. conspiracy and proposal to commit
rebellion, inciting to rebellion, sedition,
Section 2. Any person who willfully or knowingly conspiracy to commit sedition, and inciting
does or who shall aid, permit, or cause to be to sedition, such authority shall be granted
done any of the acts declared to be unlawful in only upon prior proof that a rebellion or
the preceding section or who violates the acts of sedition, as the case may be, have
provisions of the following section or of any actually been or are being committed;
order issued thereunder, or aids, permits, or (5) that there are reasonable grounds to
causes such violation shall, upon conviction believe that evidence will be obtained
thereof, be punished by imprisonment for not essential to the conviction of any person
less than six months or more than six years and for, or to the solution of, or to the
with the accessory penalty of perpetual prevention of, any of such crimes; and
absolute disqualification from public office if (6) that there are no other means readily
the offender be a public official at the time of available for obtaining such evidence.
the commission of the offense, and, if the
offender is an alien he shall be subject to RA 9327 (HUMAN SECURITY ACT)
deportation proceedings.
Surveillance of Suspects and Interception and
Recording of Communications
SEC. 7. The provisions of RA 4200 (Anti-wire
Tapping Law) to the contrary notwithstanding,
382
a police or law enforcement official and the that evidence, which is essential to the
members of his team may, upon a written order conviction of any charged or suspected person
of the Court of Appeals, listen to, intercept and for, or to the solution or prevention of, any such
record, with the use of any mode, form, kind or crimes, will be obtained; and, (c) that there is no
type of electronic or other surveillance other effective means readily available for
equipment or intercepting and tracking devices, acquiring such evidence.
or with the use of any other suitable ways and
means for that purpose, any communication, SEC. 9. Classification and Contents of the Order
message, conversation, discussion, or spoken or of the Court. - The written order granted by the
written words between members of a judicially authorizing division of the Court of Appeals as
declared and outlawed terrorist organization, well as its order, if any, to extend or renew the
association, or group of persons or of any same, the original application of the applicant,
person charged with or suspected of the crime including his application to extend or renew, if
of terrorism or conspiracy to commit terrorism. any, and the written authorizations of the Anti-
Terrorism Council shall be deemed and are
Provided, That surveillance, interception and hereby declared as classified information:
recording of communications between lawyers Provided, That the person being surveilled or
and clients, doctors and patients, journalists whose communications, letters, papers,
and their sources and confidential business messages, conversations. Discussions, spoken
correspondence shall not be authorized. or written words and effects have been
monitored, listened to, bugged or recorded by
SEC. 8. Formal Application for Judicial law enforcement authorities has the right to be
Authorization. - The written order of the informed of the acts done by the law
authorizing division of the Court of Appeals to enforcement authorities in the premises or to
track down, tap, listen to, intercept, and record challenge, if he or she intends to do so, the
communications, messages, conversations, legality of the interference before the Court of
discussions, or spoken or written words of any Appeals which issued the written order. The
person suspected of the crime of terrorism or written order of the authorizing division of the
the crime of conspiracy to commit terrorism Court of Appeals shall specify the following: (a)
shall only be granted by the authorizing division the identity, such as name and address, if
of the Court of Appeals upon an ex parte written known, of the charged or suspected person
application of a police or of a law enforcement whose communications, messages,
official who has been duly authorized in writing conversations, discussions, or spoken or written
by the Anti-Terrorism Council created in Section words are to be tracked down, tapped, listened
53 of this Act to file such ex parte application, to, intercepted, and recorded and, in the case of
and upon examination under oath or radio, electronic, or telephonic (whether
affirmation of the applicant and the witnesses wireless or otherwise) communications,
he may produce to establish: (a) that there is messages, conversations, discussions, or
probable cause to believe based on personal spoken or written words, the electronic
knowledge of facts or circumstances that the transmission systems or the telephone numbers
said crime of terrorism or conspiracy to commit to be tracked down, tapped, listened to,
terrorism has been committed, or is being intercepted, and recorded and their locations or
committed, or is about to be committed; (b) that if the person suspected of the crime of terrorism
there is probable cause to believe based on or conspiracy to commit terrorism is not fully
personal knowledge of facts or circumstances known, such person shall be subject to
383
continuous surveillance provided there is a the liability of the police or law enforcement
reasonable ground to do so; (b) the identity personnel under Section 20 hereof, the
(name, address, and the police or law applicant police or law enforcement official
enforcement organization) of the police or of shall have thirty (30) days after the termination
the law enforcement official, including the of the period granted by the Court of Appeals as
individual identity (names, addresses, and the provided in the preceding paragraphs within
police or law enforcement organization) of the which to file the appropriate case before the
members of his team, judicially authorized to Public Prosecutor’s Office for any violation of
track down, tap, listen to, intercept, and record this Act.
the communications, messages, conversations,
discussions, or spoken or written words; (c) the If no case is filed within the thirty (30)-day
offense or offenses committed, or being period, the applicant police or law enforcement
committed, or sought to be prevented; and, (d) official shall immediately notify the person
the length of time within which the subject of the surveillance, interception and
authorization shall be used or carried out. recording of the termination of the said
surveillance, interception and recording. The
SEC. 10. Effective Period of Judicial Authorization. penalty of ten (10) years and one day to twelve
- Only for the length of time specified in the (12) years of imprisonment shall be imposed
written order of the authorizing division of the upon the applicant police or law enforcement
Court of Appeals, which shall not exceed a official who fails to notify the person subject of
period of thirty (30) days from the date of the surveillance, monitoring, interception and
receipt of the written order of the authorizing recording as specified above.
division of the CA by the applicant police or law
enforcement official. SEC. 11. Custody of Intercepted and Recorded
Communications. - All tapes, discs, and
The authorizing division of the CA may extend recordings made pursuant to the authorization
or renew the said authorization for another non- of the authorizing division of the CA, including
extendible period, which shall not exceed 30 all excerpts and summaries thereof as well as
days from the expiration of the original period: all written notes or memoranda made in
Provided, That the authorizing division of the connection therewith, shall, within forty-eight
CA is satisfied that such extension or renewal is (48) hours after the expiration of the period
in the public interest: and Provided, further, fixed in the written order of the authorizing
That the ex parte application for extension or division of the CA or within forty-eight (48)
renewal, which must be filed by the original hours after the expiration of any extension or
applicant, has been duly authorized in writing renewal granted by the authorizing division of
by the Anti-Terrorism Council. the Court of Appeals, be deposited with the
authorizing Division of the CA in a sealed
In case of death of the original applicant or in envelope or sealed package, as the case may be,
case he is physically disabled to file the and shall be accompanied by a joint affidavit of
application for extension or renewal, the one the applicant police or law enforcement official
next in rank to the original applicant among the and the members of his team.
members of the team named in the original
written order of the authorizing division of the In case of death of the applicant or in case he is
CA shall file the application for extension or physically disabled to execute the required
renewal: Provided, That, without prejudice to affidavit, the one next in rank to the applicant
384
among the members of the team named in the part of any of such tapes, discs, and recordings,
written order of the authorizing division of the and that no duplicates or copies of the whole or
CA shall execute with the members of the team any part of any of such excerpts, summaries,
that required affidavit. written notes, and memoranda, have been
made, or, if made, that all such duplicates and
It shall be unlawful for any person, police officer copies are included in the sealed envelope or
or any custodian of the tapes, discs and sealed package, as the case may be, deposited
recording, and their excerpts and summaries, with the authorizing division of the Court of
written notes or memoranda to copy in Appeals.
whatever form, to remove, delete, expunge,
incinerate, shred or destroy in any manner the It shall be unlawful for any person, police or law
items enumerated above in whole or in part enforcement official to omit or exclude from the
under any pretext whatsoever. joint affidavit any item or portion thereof
mentioned in this Section.
Any person who removes, deletes, expunges
incinerates, shreds or destroys the items Any person, police or law enforcement officer
enumerated above shall suffer a penalty of not who violates any of the acts proscribed in the
less than six (6) years and one day to twelve (12) preceding paragraph shall suffer the penalty of
years of imprisonment. not less than ten (10) years and one day to
twelve (12) years of imprisonment.
SEC. 12. Contents of Joint Affidavit. - The joint
affidavit of the police or of the law enforcement SEC. 13. Disposition of Deposited Materials. - The
official and the individual members of his team sealed envelope or sealed package and the
shall state: (a) the number of tapes, discs, and contents thereof, which are deposited with the
recordings that have been made, as well as the authorizing division of the Court of Appeals,
number of excerpts and summaries thereof and shall be deemed and are hereby declared
the number of written notes and memoranda, if classified information, and the sealed envelope
any, made in connection therewith; (b) the or sealed package shall not be opened and its
dates and times covered by each of such tapes, contents (including the tapes, discs, and
discs, and recordings; (c) the number of tapes, recordings and all the excerpts and summaries
discs, and recordings, as well as the number of thereof and the notes and memoranda made in
excerpts and summaries thereof and the connection therewith) shall not be divulged,
number of written notes and memoranda made revealed, read, replayed, or used as evidence
in connection therewith that have been included unless authorized by written order of the
in the deposit; and (d) the date of the original authorizing division of the Court of Appeals,
written authorization granted by the Anti- which written order shall be granted only upon
Terrorism Council to the applicant to file the ex a written application of the Department of
parte application to conduct the tracking down, Justice filed before the authorizing division of
tapping, intercepting, and recording, as well as the Court of Appeals and only upon a showing
the date of any extension or renewal of the that the Department of Justice has been duly
original written authority granted by the authorized in writing by the Anti-Terrorism
authorizing division of the Court of Appeals. Council to file the application with proper
written notice to the person whose conversation,
The joint affidavit shall also certify under oath communication, message discussion or spoken
that no duplicates or copies of the whole or any or written words have been the subject of
385
surveillance, monitoring, recording and contained therein, including their existence,

interception to open, reveal, divulge, and use content, substance, purport, effect, or meaning,
the contents of the sealed envelope or sealed which have been secured in violation of the
package as evidence. pertinent provisions of this Act, shall absolutely
not be admissible and usable as evidence
Any person, law enforcement official or judicial against anybody in any judicial, quasi-judicial,
authority who violates his duty to notify in legislative, or administrative investigation,
writing the persons subject of the surveillance inquiry, proceeding, or hearing.
as defined above shall suffer the penalty of six
(6) years and one day to eight (8) years of SEC. 16. Penalty for Unauthorized or malicious
imprisonment. Interceptions and/or Recordings. - Any police or
law enforcement personnel who, not being
SEC. 14. Application to Open Deposited Sealed authorized to do so by the authorizing division
Envelop or Sealed Package. - The written of the Court of Appeals, tracks down, taps,
application with notice to the party concerned listens to, intercepts, and records in whatever
to open the deposited sealed envelope or sealed manner or form any communication, message,
package shall clearly state the purpose or conversation, discussion, or spoken or written
reason: (a) for opening the sealed envelope or word of a person charged with or suspected of
sealed package; (b) for revealing or disclosing the crime of terrorism or the crime of conspiracy
its classified contents; (c) for replaying, to commit terrorism shall be guilty of an offense
divulging, and or reading any of the listened to, and shall suffer the penalty of ten (10) years and
intercepted, and recorded communications, one day to twelve (12) years of imprisonment.
messages, conversations, discussions, or
spoken or written words (including any of the In addition to the liability attaching to the
excerpts and summaries thereof and any of the offender for the commission of any other
notes or memoranda made in connection offense, the penalty of ten (10) years and one
therewith); and, (d) for using any of said day to twelve (12) years of imprisonment and
listened to, intercepted, and recorded the accessory penalty of perpetual absolute
communications, messages, conversations, disqualification from public office shall be
discussions, or spoken or written words imposed upon any police or law enforcement
(including any of the excerpts and summaries personnel who maliciously obtained an
thereof and any of the notes or memoranda authority from the Court of Appeals to track
made in connection therewith) as evidence. down, tap, listen to, intercept, and record in
whatever manner or form any communication,
Any person, law enforcement official or judicial message, conversation, discussion, or spoken or
authority who violates his duty to notify as written words of a person charged with or
defined above shall suffer the penalty of six (6) suspected of the crime of terrorism or
years and one day to eight (8) years of conspiracy to commit terrorism: Provided, That
imprisonment. notwithstanding Section 13 of this Act, the party
aggrieved by such authorization shall be
SEC. 15. Evidentiary Value of Deposited Materials. allowed access to the sealed envelope or sealed
- Any listened to, intercepted, and recorded package and the contents thereof as evidence
communications, messages, conversations, for the prosecution of any police or law
discussions, or spoken or written words, or any enforcement personnel who maliciously
part or parts thereof, or any information or fact procured said authorization.
386
Restriction on Travel after satisfying themselves of the existence of

probable cause in a hearing called for that
SEC. 26. Restriction on Travel. – In cases where purpose that (1) a person charged with or
evidence of guilt is not strong, and the person suspected of the crime of terrorism or
charged with the crime of terrorism or conspiracy to commit terrorism, (2) of a
conspiracy to commit terrorism is entitled to judicially declared and outlawed terrorist
bail and is granted the same, the court, upon organization, association, or group of persons,
application by the prosecutor, shall limit the and (3) of a member of such judicially declared
right of travel of the accused to within the and outlawed organization, association, or
municipality or city where he resides or where group of persons, may authorize in writing any
the case is pending, in the interest of national police or law enforcement officer and the
security and public safety, consistent with members of his/her team duly authorized in
Article III, Section 6 of the Constitution. Travel writing by the anti-terrorism council to: (a)
outside of said municipality or city, without the examine, or cause the examination of, the
authorization of the court, shall be deemed a deposits, placements, trust accounts, assets
violation of the terms and conditions of his bail, and records in a bank or financial institution;
which shall then be forfeited as provided under and (b) gather or cause the gathering of any
the Rules of Court. relevant information about such deposits,
placements, trust accounts, assets, and records
He or she may also be placed under house from a bank or financial institution. The bank or
arrest by order of the court at his or her usual financial institution concerned shall not refuse
place of residence. to allow such examination or to provide the
desired information, when so ordered by and
While under house arrest, he or she may not use served with the written order of the Court of
telephones, cellphones, e-mails, computers, the Appeals.
internet or other means of communications with
people outside the residence until otherwise
ordered by the court. Application
SEC. 28. Application to Examine Bank Deposits,
The restrictions abovementioned shall be Accounts, and Records. - The written order of
terminated upon the acquittal of the accused or the Court of Appeals authorizing the
of the dismissal of the case filed against him or examination of bank deposits, placements, trust
earlier upon the discretion of the court on accounts, assets, and records: (1) of a person
motion of the prosecutor or of the accused. charged with or suspected of the crime of
terrorism or conspiracy to commit terrorism, (2)
of any judicially declared and outlawed terrorist
Examination of Bank Deposits and Documents organization, association, or group of persons,
or (3) of any member of such organization,
JUDICIAL AUTHORIZATION association, or group of persons in a bank or
SEC. 27. Judicial Authorization Required to financial institution, and the gathering of any
Examine Bank Deposits, Accounts, and Records. relevant information about the same from said
- The provisions of Republic Act No. 1405 as bank or financial institution, shall only be
amended, to the contrary notwithstanding, the granted by the authorizing division of the Court
justices of the Court of Appeals designated as a of Appeals upon an ex parte application to that
special court to handle anti-terrorism cases effect of a police or of a law enforcement official
387
who has been duly authorized in writing to file persons, as the case may be, whose deposits,
such ex parte application by the Anti-Terrorism placements, trust accounts, assets, and records
Council created in Section 53 of this Act to file are to be examined or the information to be
such ex parte application, and upon gathered; (b) the identity of the bank or
examination under oath or affirmation of the financial institution where such deposits,
applicant and the witnesses he may produce to placements, trust accounts, assets, and records
establish the facts that will justify the need and are held and maintained; (c) the identity of the
urgency of examining and freezing the bank persons who will conduct the said examination
deposits, placements, trust accounts, assets, and the gathering of the desired information;
and records: (1) of the person charged with or and, (d) the length of time the authorization
suspected of the crime of terrorism or shall be carried out.
conspiracy to commit terrorism, (2) of a
judicially declared and outlawed terrorist SEC. 30. Effective Period of Court Authorization
organization, association or group of persons, or to Examine and Obtain Information on Bank
(3) of any member of such organization, Deposits, Accounts, and Records. - The
association, or group of persons. authorization issued or granted by the
authorizing division of the Court of Appeals to
SEC. 29. Classification and Contents of the Court examine or cause the examination of and to
Order Authorizing the Examination of Bank freeze bank deposits, placements, trust
Deposits, Accounts, and Records. - The written accounts, assets, and records, or to gather
order granted by the authorizing division of the information about the same, shall be effective
Court of Appeals as well as its order, if any, to for the length of time specified in the written
extend or renew the same, the original ex parte order of the authorizing division of the Court of
application of the applicant, including his ex Appeals, which shall not exceed a period of
parte application to extend or renew, if any, and thirty (30) days from the date of receipt of the
the written authorizations of the Anti Terrorism written order of the authorizing division of the
Council, shall be deemed and are hereby Court of Appeals by the applicant police or law
declared as classified information: Provided, enforcement official.
That the person whose bank deposits,
placements, trust accounts, assets, and records The authorizing division of the Court of Appeals
have been examined, frozen, sequestered and may extend or renew the said authorization for
seized by law enforcement authorities has the another period, which shall not exceed thirty
right to be informed of the acts done by the law (30) days renewable to another thirty (30) days
enforcement authorities in the premises or to from the expiration of the original period,
challenge, if he or she intends to do so, the provided that the authorizing division of the
legality of the interference. The written order of Court of Appeals is satisfied that such extension
the authorizing division of the Court of Appeals or renewal is in the public interest, and provided
designated to handle cases involving terrorism further that the application for extension or
shall specify: (a) the identity of the said: (1) renewal, which must be filed by the original
person charged with or suspected of the crime applicant, has been duly authorized in writing
of terrorism or conspiracy to commit terrorism, by the Anti-Terrorism Council.
(2) judicially declared and outlawed terrorist
organization, association, or group of persons, In case of death of the original applicant or in
and (3) member of such judicially declared and case he is physically disabled to file the
outlawed organization, association, or group of application for extension or renewal, the one
388
next in rank to the original applicant among the outlawed terrorist organization, association, or
members of the team named in the original group of persons, or (3) a member of any such
written order of the authorizing division of the organization, association, or group of persons
Court of Appeals shall file the application for shall, within forty-eight (48) hours after the
extension or renewal: Provided, That, without expiration of the period fixed in the written
prejudice to the liability of the police or law order of the authorizing division of the Court of
enforcement personnel under Section 19 hereof, Appeals or within forty-eight (48) hours after
the applicant police or law enforcement official the expiration of the extension or renewal
shall have thirty (30) days after the termination granted by the authorizing division of the Court
of the period granted by the Court of Appeals as of Appeals, be deposited with the authorizing
provided in the preceding paragraphs within division of the Court of Appeals in a sealed
which to file the appropriate case before the envelope or sealed package, as the case may be,
Public Prosecutor’s Office for any violation of and shall be accompanied by a joint affidavit of
this Act. the applicant police or law enforcement official
and the persons who actually conducted the
If no case is filed within the thirty (30)-day examination of said bank deposits, placements,
period, the applicant police or law enforcement trust accounts, assets and records.
official shall immediately notify in writing the
person subject of the bank examination and SEC. 32. Contents of Joint Affidavit. - The joint
freezing of bank deposits, placements, trust affidavit shall state: (a) the identifying marks,
accounts, assets and records. The penalty of ten numbers, or symbols of the deposits,
(10) years and one day to twelve (12) years of placements, trust accounts, assets, and records
imprisonment shall be imposed upon the examined; (b) the identity and address of the
applicant police or law enforcement official who bank or financial institution where such
fails to notify in writing the person subject of the deposits, placements, trust accounts, assets,
bank examination and freezing of bank deposits, and records are held and maintained; (c) the
placements, trust accounts, assets and records. number of bank deposits, placements, trust
accounts, assets, and records discovered,
Any person, law enforcement official or judicial examined, and frozen; (d) the outstanding
authority who violates his duty to notify in balances of each of such deposits, placements,
writing as defined above shall suffer the penalty trust accounts, assets; (e) all information, data,
of six (6) years and one day to eight (8) years of excerpts, summaries, notes, memoranda,
imprisonment. working sheets, reports, documents, records
examined and placed in the sealed envelope or
SEC. 31. Custody of Bank Data and Information sealed package deposited with the authorizing
Obtained after Examination of Deposits, division of the Court of Appeals; (f) the date of
Placements, Trust Accounts, Assets and Records. the original written authorization granted by the
- All information, data, excerpts, summaries, Anti-Terrorism Council to the applicant to file
notes, memoranda, working sheets, reports, the ex parte application to conduct the
and other documents obtained from the examination of the said bank deposits,
examination of the bank deposits, placements, placements, trust accounts, assets and records,
trust accounts, assets and records of: (1) a as well as the date of any extension or renewal
person charged with or suspected of the crime of the original written authorization granted by
of terrorism or the crime of conspiracy to the authorizing division of the Court of Appeals;
commit terrorism, (2) a judicially declared and and (g) that the items enumerated were all that
389
were found in the bank or financial institution RA 9208: ANTI-TRAFFICKING IN

examined at the time of the completion of the PERSONS ACT OF 2003
examination.
Trafficking in Persons - refers to the recruitment,
The joint affidavit shall also certify under oath transportation, transfer or harboring, or receipt
that no duplicates or copies of the information, of persons with or without the victim's consent
data, excerpts, summaries, notes, memoranda, or knowledge, within or across national borders
working sheets, reports, and documents by means of threat or use of force, or other
acquired from the examination of the bank forms of coercion, abduction, fraud, deception,
deposits, placements, trust accounts, assets abuse of power or of position, taking advantage
and records have been made, or, if made, that of the vulnerability of the person, or, the giving
all such duplicates and copies are placed in the or receiving of payments or benefits to achieve
sealed envelope or sealed package deposited the consent of a person having control over
with the authorizing division of the Court of another person for the purpose of exploitation
Appeals. which includes at a minimum, the exploitation
or the prostitution of others or other forms of
It shall be unlawful for any person, police officer sexual exploitation, forced labor or services,
or custodian of the bank data and information slavery, servitude or the removal or sale of
obtained after examination of deposits, organs.
placements, trust accounts, assets and records
to copy, to remove, delete, expunge, incinerate, The recruitment, transportation, transfer,
shred or destroy in any manner the items harboring or receipt of a child for the purpose of
enumerated above in whole or in part under any exploitation shall also be considered as
pretext whatsoever. "trafficking in persons" even if it does not
involve any of the means set forth in the
Any person who copies, removes, deletes, preceding paragraph.
expunges incinerates, shreds or destroys the
items enumerated above shall suffer a penalty
of not less than six (6) years and one day to Punishable Acts
twelve (12) years of imprisonment. Section 4. Acts of Trafficking in Persons. - It shall
be unlawful for any person, natural or juridical,
to commit any of the following acts:
Unauthorized Revelation of Classified Materials (9) To recruit, transport, transfer; harbor,
SEC. 46. Penalty for Unauthorized Revelation of provide, or receive a person by any means,
Classified Materials. - The penalty of ten (10) including those done under the pretext of
years and one day to twelve (12) years of domestic or overseas employment or
imprisonment shall be imposed upon any training or apprenticeship, for the purpose
person, police or law enforcement agent, of prostitution, pornography, sexual
judicial officer or civil servant who, not being exploitation, forced labor, slavery,
authorized by the Court of Appeals to do so, involuntary servitude or debt bondage;
reveals in any manner or form any classified (10) To introduce or match for money, profit, or
information under this Act. material, economic or other consideration,
any person or, as provided for under
Republic Act No. 6955, any Filipino
woman to a foreign national, for marriage
390
for the purpose of acquiring, buying, as proof of compliance with government

offering, selling or trading him/her to regulatory and pre-departure
engage in prostitution, pornography, requirements for the purpose of promoting
sexual exploitation, forced labor, slavery, trafficking in persons;
involuntary servitude or debt bondage; (10) advertise, publish, print, broadcast or
(11) To offer or contract marriage, real or distribute, or cause the advertisement,
simulated, for the purpose of acquiring, publication, printing, broadcasting or
buying, offering, selling, or trading them to distribution by any means, including the
engage in prostitution, pornography, use of information technology and the
sexual exploitation, forced labor or slavery, internet, of any brochure, flyer, or any
involuntary servitude or debt bondage; propaganda material that promotes
(12) To undertake or organize tours and travel trafficking in persons;
plans consisting of tourism packages or (11) assist in the conduct of misrepresentation
activities for the purpose of utilizing and or fraud for purposes of facilitating the
offering persons for prostitution, acquisition of clearances and necessary
pornography or sexual exploitation; exit documents from government agencies
(13) To maintain or hire a person to engage in that are mandated to provide pre-
prostitution or pornography; departure registration and services for
(14) To adopt or facilitate the adoption of departing persons for the purpose of
persons for the purpose of prostitution, promoting trafficking in persons;
pornography, sexual exploitation, forced (12) facilitate, assist or help in the exit and
labor, slavery, involuntary servitude or entry of persons from/to the country at
debt bondage; international and local airports, territorial
(15) To recruit, hire, adopt, transport or abduct boundaries and seaports who are in
a person, by means of threat or use of possession of unissued, tampered or
force, fraud, deceit, violence, coercion, or fraudulent travel documents for the
intimidation for the purpose of removal or purpose of promoting trafficking in
sale of organs of said person; and persons;
(16) To recruit, transport or adopt a child to (13) confiscate, conceal, or destroy the
engage in armed activities in the passport, travel documents, or personal
Philippines or abroad. documents or belongings of trafficked
persons in furtherance of trafficking or to
Section 5. Acts that Promote Trafficking in prevent them from leaving the country or
Persons. - The following acts which promote or seeking redress from the government or
facilitate trafficking in persons, shall be appropriate agencies; and
unlawful to: (14) knowingly benefit from, financial or
(8) knowingly lease or sublease, use or allow otherwise, or make use of, the labor or
to be used any house, building or services of a person held to a condition of
establishment for the purpose of involuntary servitude, forced labor, or
promoting trafficking in persons; slavery.
(9) produce, print and issue or distribute
unissued, tampered or fake counseling Section 6. Qualified Trafficking in Persons. - The
certificates, registration stickers and following are considered as qualified trafficking:
certificates of any government agency (8) When the trafficked person is a child;
which issues these certificates and stickers
391
(9) When the adoption is effected through

Republic Act No. 8043, otherwise known
Title X. Crimes against
as the "Inter-Country Adoption Act of
1995" and said adoption is for the purpose
Property
of prostitution, pornography, sexual
exploitation, forced labor, slavery, Chapter I: Robbery in General
involuntary servitude or debt bondage; (1) Article 293 - Who Are Guilty of Robbery
(10) When the crime is committed by a (2) Article 294 - With Violence or Intimidation
syndicate, or in large scale. Trafficking is of Persons
deemed committed by a syndicate if (3) Article 295 - Robbery with Physical Injuries,
carried out by a group of three (3) or more in an Uninhabited Place and by a Band
persons conspiring or confederating with (4) Article 296 - Definition of a Band and
one another. It is deemed committed in Penalty Incurred by the Members Thereof
large scale if committed against three (3) (5) Article 297 - Attempted and Frustrated
or more persons, individually or as a Robbery with Homicide
group; (6) Article 298 - Execution of Deeds through
(11) When the offender is an ascendant, parent, Violence or Intimidation
sibling, guardian or a person who exercises (7) Article 299 - Robbery in an Inhabited
authority over the trafficked person or House or Public Building or Edifice
when the offense is committed by a public Devoted to Worship
officer or employee; (8) Article 300 - Robbery in an Uninhabited
(12) When the trafficked person is recruited to Place and by a Band
engage in prostitution with any member of (9) Article 302 - In an Uninhabited Place or
the military or law enforcement agencies; Private Building
(13) When the offender is a member of the (10) Article 303 - Robbery of Cereals, Fruits or
military or law enforcement agencies; and Firewood in an Inhabited Place or Private
(14) When by reason or on occasion of the act Building
of trafficking in persons, the offended (11) Article 304 - Possession of Picklock or
party dies, becomes insane, suffers Similar Tools
mutilation or is afflicted with Human (12) Article 305 - False Keys
Immunodeficiency Virus (HIV) or the
Acquired Immune Deficiency Syndrome Chapter 2: Brigandage
(AIDS). (1) Article 306 - Who Are Brigands
(2) Article 307 - Aiding and Abetting a Band
of Brigands
Chapter 3: Theft
(1) Article 308 - Who Are Liable for Theft
(2) Article 309 – Penalties
(3) Article 310 - Qualified Theft
(4) Article 311 - Theft of the Property of the
National Library and National Museum
Chapter 4: Usurpation
(1) Article 312 - Occupation of Real Property
or Usurpation of Real Rights in Property
392
(2) Article 313 - Altering Boundaries or The property taken must be personal, if real
Landmarks property/right is usurped the crime is
usurpation (Art. 312).
Chapter 5: Culpable Insolvency
(1) Article 314 - Fraudulent Insolvency Prohibitive articles may be the subject of
robbery, e.g., opium
Chapter 6: Swindling
(1) Article 315 – Estafa From the moment the offender gains
(2) Article 316 - Other Forms of Swindling possession of the object, even without the
(3) Article 317 - Swindling of a Minor chance to dispose of the same, the unlawful
(4) Article 318 - Other Deceits taking is complete.
Chapter 7: Chattel mortgage “Taking” – depriving the offended party of

(1) Article 319 - Removal, Sale, or Pledge of possession of the thing taken with the character
Mortgaged Property of permanency.
Chapter 8: Arson and other Crimes involving Intent to gain is presumed from the unlawful
Destruction taking. It cannot be established by direct
evidence, except in case of confession.
Chapter 9: Malicious mischief
(6) Article 327 - Who Are Responsible It is not necessary that violence or intimidation
(7) Article 328 - Special Cases of Malicious is present from the beginning. If the violence or
Mischief intimidation at any time before asportation is
(8) Article 329 - Other Mischiefs complete, the taking of property is qualified to
(9) Article 330 - Damage and Obstruction to robbery.
Means of Communication
(10) Article 331 - Destroying or Damaging
Statues, Public Monuments or Paintings When is UNLAWFUL TAKING complete?
In Robbery with violence against or intimidation
Chapter 10: Exemption from Criminal Liability of persons, even if the culprit has had no
(2) Article 332 - Exemption from Criminal opportunity to dispose of the same, the
Liability in Crimes Against Property unlawful taking is complete. There is no
frustrated stage.
CHAPTER I: ROBBERY IN GENERAL
In Robbery with force upon things, the thing
must be taken out of the building to
ARTICLE 293 - WHO ARE GUILTY OF
consummate the crime. There is a
ROBBERY FRUSTRATED STAGE. (e.g. when the culprit
Elements of Robbery in General: had already broken the floor of the bodega, had
(a) Personal property entered it, and had removed one sack of sugar
(b) Belonging to another from the pile, but was caught in the act of
(c) There is unlawful taking taking out the sack through the opening of the
(d) With Intent to gain door, crime committed is FRUSTRATED
(e) Violence against or intimidation of any ROBBERY)
person OR force upon anything
393
When is violence committed? mutilation, serious (3) the value of the

GENERAL RULE: Violence or intimidation must physical injuries, less thing taken and
be present BEFORE the taking of personal serious or slight (4) whether or not
property is complete. physical injuries the offenders
resulted) and carry arms;
EXCEPTION: When violence results in homicide, (4) the existence of
rape, intentional mutilation, or any of the intimidation only
serious physical injuries penalized in par. 1 and
2 of Art. 263, the taking of the personal
property is robbery complexed with any of those
ARTICLE 294 – ROBBERY WITH VIOLENCE
crimes under Art. 294, even if the taking was AGAINST OR INTIMIDATION OF PERSONS
already complete when violence was used by
Acts punished under Art 294:
the offender.
(1) When by reason or on occasion of the
robbery, Homicide is committed. (Robbery
VIOLENCE AGAINST OR USE OF FORCE with Homicide)
INTIMIDATION OF UPON THINGS (2) When the robbery is accompanied by Rape
PERSON or Intentional Mutilation or Arson. (Robbery
The taking is always The taking is with Rape, Robbery with Intentional
robbery. robbery only if force Mutilation, Robbery with Arson)
is used to: (3) When by reason or on occasion of such
(4) enter the robbery, any of the Physical Injuries
building resulting in insanity, imbecility, impotency,
(5) break doors, or blindness is inflicted.
wardrobes, (4) When by reason or on occasion of robbery,
chests, or any any of the Physical Injuries resulting in the
other kind of loss of the use of speech or the power to hear
locked or sealed or to smell, or the loss of an eye, a hand, a
furniture or foot, an arm or a leg or the loss of the use of
receptacle any such member, or incapacity for the work
inside the in which the injured person is theretofore
building; OR habitually engaged is inflicted.
(6) force them open (5) If the violence or intimidation employed in
outside after the commission of the robbery is carried to
taking the same a degree clearly unnecessary for the
from the commission of the crime.
building (Art. (6) When in the course of its execution, the
299 & 302) offender shall have inflicted upon any
person not responsible for the commission
Value of the thing taken is If committed in an of the robbery any of the Physical Injuries in
immaterial. The penalty inhabited house, consequence of which the person injured
depends on: public building, or becomes deformed or loses any other
(3) the result of the edifice devoted to member of his body or loses the use thereof
violence used religious worship, or becomes ill or incapacitated for the
(homicide, rape, the penalty is based performance of the work in which he is
intentional on: habitually engaged for labor for more than
394
90 days or the person injured becomes ill BUT when robbery is under Art 294 par 4 & 5
or incapacitated for labor for more than 30 the penalty is lower than in Art 299 so the
days. complex crime should be imputed for the higher
(7) If the violence employed by the offender penalty to be imposed without sacrificing the
does not cause any of the serious physical principle that robbery w/ violence against
injuries defined in Art. 263, or if the persons is more severe than that w/ force upon
offender employs intimidation only. things. [Napolis v. CA (1972)]
The crime defined in this article is a special When the taking of the victim’s gun was to
complex crime. prevent the victim from retaliating, then the
crimes committed are theft and homicide not
“On the occasion” and “by reason” mean that robbery with homicide. [People v. Millian (2000)]
homicide or serious physical injuries must be
committed in the course or because of the These offenses are known as SPECIAL
robbery. COMPLEX CRIMES. Crimes defined under this
article are the following:
The violence must be against the person, not (1) Robbery with homicide
upon the thing taken. It must be present before (2) Robbery with rape
the taking of personal property is complete. (3) Robbery with intentional mutilation
(4) Robbery with arson
“Homicide” is used in its generic sense, as to (5) Robbery with serious physical injuries
include parricide and murder. Hence, there is no
robbery with murder. The crime is still robbery
with homicide even if, in the course of the ROBBERY WITH HOMICIDE; (Absorption Theory
robbery, the person killed was another robber or applied)
a bystander. Attempted homicide or attempted murder
committed during or on the occasion of the
Even if the rape was committed in another place, robbery, as in this case, is absorbed in the crime
it is still robbery with rape. When the taking of of Robbery with Homicide which is a special
personal property of a woman is an complex crime that remains fundamentally the
independent act following defendant’s failure to same regardless of the number of homicides or
consummate the rape, there are two distinct injuries committed in connection with the
crimes committed: attempted rape and theft. robbery. [People v. Cabbab, Jr. (2007)]
Additional rape committed on the same
occasion of robbery will not increase the penalty.
ROBBERY WITH RAPE
If the intention of the accused was to rob, but
Absence of intent to gain will make the taking
rape was committed even before the
of personal property grave coercion if there is
asportation, the crime is the special complex
violence used (Art. 286).
crime of Robbery with Rape. So long as the
intent of the accused is to rob, rape may be
If both violence/intimidation of persons (294)
committed before, during or after the robbery.
and force upon things (299/302) co-exist, it will
But if the primary intent of the accused was to
be considered as violation of Art 294 because it
rape and his taking away the belongings of the
is more serious than in Art 299/302.
victim was only a mere afterthought, two
separate felonies are committed: Rape and
395
Theft or Robbery depending upon the penalty upon all the malefactors shall be
circumstances surrounding the unlawful taking. the maximum of the corresponding
[People v. Naag, GR No. 1361394, Feb. 15, 2001] penalty provided by law, without
prejudice to the criminal liability for
ARTICLE 295 - ROBBERY WITH PHYSICAL illegal possession of such firearms.
INJURIES, IN AN UNINHABITED PLACE (3) Any member of a band who was present
AND BY A BAND at the commission of a robbery by the
band, shall be punished as principal of
Robbery with violence against or intimidation of any of the assaults committed by the
persons is qualified when it is committed: band, unless it be shown that he
(1) In an Uninhabited place, or attempted to prevent the crime.
(2) By a Band, or
(3) By Attacking a moving train, street car,
motor vehicle, or airship, or Requisites for Liability for the acts of the other
(4) By Entering the passengers’ members:
compartments in a train, or in any (1) Member of the band.
manner taking the passengers thereof by (2) Present at the commission of the robbery.
surprise in the respective conveyances, or (3) Other members committed an assault.
(5) On a Street, road, highway, or alley, AND (4) He did not attempt to prevent assault.
the intimidation is made with the use of
Firearms Conspiracy is presumed when robbery is by
band.
Here, the offender shall be punished by the
maximum periods of the proper penalties in Art. When the robbery was not committed by a band,
294. The penalty cannot be offset by a generic the robber who did not take part in the assault
mitigating circumstance. by another is not liable for that assault.
The intimidation with the use of firearm When the robbery was not by a band and
qualifies only robbery on a street, road, highway, homicide was not determined by the accused
or alley. when they plotted the crime, the one who did
not participate in the killing is liable for robbery
Any of these qualifying circumstances must be only. It is only when the robbery is in band that
alleged in the information and proved during all those present in the commission of the
the trial. robbery may be punished for any of the assaults
which any of its members might commit.
ARTICLE 296 – ROBBERY BY A BAND
But when there is conspiracy to commit
homicide and robbery, all the conspirators, even
Outline of Art. 296 (Definition of a Band and if less than 4 armed men, are liable for the
Penalty Incurred by the Members Thereof): special complex crime of robbery with homicide.
(1) When at least 4 armed malefactors take
part in the commission of a robbery, it is Art 296 is not applicable to principal by
deemed committed by a band. inducement, who was not present at the
(2) When any of the arms used in the commission of the robbery, if the agreement
commission of robbery is not licensed, was only to commit robbery.
396
The article speaks of more than 3 armed Special aggravating circumstance of unlicensed
malefactors who “takes part in the commission firearm is inapplicable to robbery w/ homicide,
of the robbery” and member of a band “who is or robbery with rape, or robbery with physical
present at the commission of a robbery by a injuries, committed by a band. [People v.
band.” Thus, a principal by inducement, who Apduhan]
did not go with the band at the place of the
commission of the robbery, is not liable for ARTICLE 297 - ATTEMPTED AND
robbery with homicide, but only for robbery in FRUSTRATED ROBBERY WITH HOMICIDE
band, there being no evidence that he gave
instructions to kill the victim or intended that Elements:
this should be done. (a) There is attempted or frustrated robbery
(b) A homicide is committed on the same
When there was conspiracy for robbery only but occasion
homicide was also committed on the occasion
thereof, all members of the band are liable for “Homicide” includes multiple homicides,
robbery with homicide. murder, parricide, or even infanticide.
Whenever homicide is committed as a The penalty is the same, whether robbery is

consequence of or on the occasion of a robbery, attempted or frustrated.
all those who took part in the commission of the
robbery are also guilty as principals in the crime Robbery with homicide and attempted or
of homicide unless it appears that they frustrated robbery with homicide are special
endeavored to prevent the homicide. complex crimes, not governed by Art. 48, but by
the special provisions of Arts. 294 & 297,
Proof of conspiracy is not essential to hold a respectively.
member of the band liable for robbery with
homicide actually committed by the other There is only one crime of attempted robbery
members of the band. with homicide even if slight physical injuries
were inflicted on other persons on the occasion
There is no crime as “robbery with homicide in or by reason of the robbery.
band”. Band is only ordinary aggravating
circumstance in robbery w/ homicide ARTICLE 298 - EXECUTION OF DEEDS
THROUGH VIOLENCE OR INTIMIDATION
In order for special aggravating circumstance of
unlicensed firearm to be appreciated, it is Elements:
condition sine qua non that offense charged be (a) Offender has Intent to defraud another
robbery by a band under Art 295. (b) Offender Compels him to sign, execute, or
deliver any public instrument or document
Pursuant to Art 295, circumstance of a band is (c) Compulsion is by means of violence or
qualifying only in robbery under par 3, 4 & 5 of intimidation.
Art 294.
Hence, Art. 295 does not apply to robbery with If the violence resulted in the death of the
homicide, or robbery with rape, or robbery with person to be defrauded, crime is robbery with
serious physical injuries under par. 1 of Art. 263.
397
homicide and shall be penalized under Art 294 (4) By using any Fictitious name or
par. 1. pretending the exercise of public
authority.
Art. 298 applies to private or commercial (c) That once inside the building, the offender
document, but it does not apply if document is took personal property belonging to
void. another with intent to gain.
When the offended party is under obligation to There must be evidence that accused entered
sign, execute or deliver the document under the the dwelling house or building by any of the
law, it is not robbery but coercion. means enumerated in subdivision (a). In
entering the building, there must be the intent
to take personal property.
By Force Upon Things
(1) Robbery by the use of force upon things is “Inhabited house” – any shelter, ship, or vessel
committed only when either: constituting the dwelling of one or more
(2) Offender entered a house or building by persons even though the inhabitants thereof are
any of the means specified in Art. 299 or temporarily absent when the robbery is
Art. 302, or committed.
(3) Even if there was no entrance by any of
those means, he broke a wardrobe, chest, “Public building” – every building owned by the
or any other kind of locked or closed or Government or belonging to a private person
sealed furniture or receptacle in the house but used or rented by the Government,
or building, or he took it away to be broken although temporarily unoccupied by the same.
or forced open outside.
Any of the four means described in subdivision
ARTICLE 299 - ROBBERY IN AN (a) must be resorted to enter a house or
INHABITED HOUSE OR PUBLIC BUILDING building, not to get out otherwise it is only theft.
OR EDIFICE DEVOTED TO WORSHIP The whole body of the culprit must be inside the
building to constitute entering.
Elements of robbery with force upon things under
SUBDIVISION (A): Illustration: If the culprit had entered the house
(a) Offender entered through an open door, and the owner, not
(1) An inhabited house knowing that the culprit was inside, closed and
(2) Public building locked the door from the outside and left, and
(3) Edifice devoted to religious worship the culprit, after taking personal property in the
(b) Entrance was effected by any of the house, went out through the window, it is only
following means: theft, not robbery.
(1) Through an opening not intended for
entrance or egress; “Breaking” – means entering the building. The
(2) By breaking any wall, roof, or floor, or force used must be actual, as distinguished
door or window; constructive force.
(3) By using False keys, picklocks or
similar tools; or “False keys” – genuine keys stolen from the
owner or any keys other than those intended for
use in the lock forcibly opened by the offender.
398
The genuine key must be stolen, not taken by extended to all those who participated in the
force or with intimidation, from the owner. robbery, including those without arms.
If false key is used to open wardrobe or locked The provision punishes more severely the
receptacle or drawer or inside door it is only robbery in a house used as a dwelling than that
theft. committed in an uninhabited place, because of
the possibility that the inhabitants in the former
Elements of robbery with force upon things under might suffer bodily harm during the robbery.
SUBDIVISION (B) of Art. 299:
(a) Offender is inside a dwelling house, public ARTICLE 301 - WHAT IS AN INHABITED
building, or edifice devoted to religious
HOUSE, PUBLIC BUILDING DEDICATED
worship, regardless of the circumstances
TO RELIGIOUS WORSHIP AND THEIR
under which he entered it.
(b) Offender takes personal property DEPENDENCIES:
belonging to another, with intent to gain,
under any of the following circumstances: “Inhabited house” – any shelter, ship, or vessel
(1) Breaking of doors, wardrobes, chests, or constituting the dwelling of one or more
any other kind of locked or sealed persons even though the inhabitants thereof are
furniture or receptacle; or temporarily absent when the robbery is
(2) Taking such furniture or objects away to committed.
be broken or forced open outside the  Even if the occupant was absent during the
place of the robbery. robbery, the place is still inhabited if the
place was ordinarily inhabited and
Entrance into the building by any of the means intended as a dwelling.
mentioned in subdivision (a) is not required in
robbery under subdivision (b) “Public building” – every building owned by the
Government or belonging to a private person
The term “door” in par. 1, subdivision (b) of Art. but used or rented by the Government,
299, refers only to “doors, lids or opening although temporarily unoccupied by the same.
sheets” of furniture or other portable
receptacles—not to inside doors of house or “Dependencies” – all interior courts, corrals,
building. warehouses, granaries or inclosed places
contiguous to the building or edifice, having an
Breaking the keyhole of the door of a wardrobe, interior entrance connected therewith, and
which is locked, is breaking a locked furniture. which form part of the whole (Art. 301, par. 2).
Requisites:
It is theft if the locked or sealed receptacle is not (1) Contiguous to the building;
forced open in the building where it is kept or (2) Interior entrance connected therewith;
taken from to be broken outside. (3) Form part of the whole.
The penalty depends on the value of property Orchards and lands used for cultivation or
taken and on whether or not offender carries production are not included in the term
arm. Arms carried must not be used to “dependencies” (Art. 301, par. 3).
intimidate. Liability for carrying arms is
399
ARTICLE 300 – ROBBERY IN AN (5) A closed or sealed receptacle was

UNINHABITED PLACE AND BY A BAND removed, even if the same be broken
open elsewhere.
Robbery in an inhabited house, public building (6) With intent to gain, the offender took
or edifice dedicated to religious worship is therefrom personal property
qualified when committed by a band and belonging to another.
located in an uninhabited place.
“Building” – includes any kind of structure used
See discussion on Art. 296 for definition of for storage or safekeeping of personal property,
“band.” such as (a) freight car and (b) warehouse.
Entrance through an opening not intended for

To qualify Robbery w/ To qualify Robbery w/ entrance or egress is not necessary, if there is
force upon things (Art violence against or breaking of wardrobe, chest, or sealed or closed
299) intimidation of furniture or receptacle, or removal thereof to be
persons broken open elsewhere.
It must be committed It must be committed
Breaking padlock is use of force upon things.
in uninhabited place in an uninhabited
and by a band (Art place or by a band
Use of fictitious name or pretending the exercise
300) (Art. 295)
of public authority is not covered under this
article.
UNINHABITED PLACE OR PRIVATE A receptacle is a container, which must be
BUILDING “closed” or “sealed”.
Elements: Penalty is based only on value of property taken.

(a) Offender entered an uninhabited place or a
building which was not a dwelling house, ARTICLE 303 - ROBBERY OF CEREALS,
not a public building, or not an edifice FRUITS OR FIREWOOD IN AN
devoted to religious worship. UNINHABITED PLACE OR PRIVATE
(b) That any of the following circumstances BUILDING
was present:
(1) Entrance was effected through an
In cases enumerated in Arts. 299 and 302, the
opening not intended for entrance or
penalty is one degree lower when robbery
egress;
consists in the taking of cereals, fruits, or
(2) A wall, roof, floor, or outside door or
firewood.
window was broken
(3) Entrance was effected through the use
Cereals – seedlings which are the immediate
of false keys, picklocks or other similar
product of the soil. The palay must be kept by
tools;
the owner as “seedling” or taken for that
(4) A door, wardrobe, chest, or any sealed
purpose by the robbers.
or closed furniture or receptacle was
broken; or
400
ARTICLE 304 - POSSESSION OF Presumption of law as to brigandage: All are

PICKLOCK OR SIMILAR TOOLS presumed highway robbers or brigands, if any of
them carries unlicensed firearm. The arms
Elements: carried may be any deadly weapon.
(a) Offender has in his possession picklocks or
similar tools; The main object of the law is to prevent the
(b) Such picklock or similar tools are formation of band of robbers.
especially adopted to the commission of
robbery; The term “highway” includes city streets.
(c) Offender does not have lawful cause for
such possession.
The following must be proved:
Possession of such tools, without lawful cause, (1) Organization of more than 3 armed
is punished. Actual use is not necessary. Since persons forming a band of robbers
picking of locks is one way to gain entrance to (2) Purpose of the band is any of those
commit robbery, a picklock is per se specially enumerated in Art. 306.
adapted to the commission of robbery. [People v (3) That they went upon the highway or
Lopez, 1965] roamed upon the country for that purpose.
(4) That the accused is a member of such
If the person who makes such tools is a band.
locksmith, the penalty is higher.
BRIGANDAGE ROBBERY IN
ARTICLE 305 - FALSE KEYS BAND
Deemed to include the following:
Purpose (1) Commit robbery Commit robbery,
(1) Tools mentioned in Article 304;
in a highway and not
(2) Genuine keys stolen from the owner;
(2) Kidnap to extort necessarily in a
(3) Any key other than those intended by the
or get ransom highway
owner for use in the lock forcibly opened by
(3) Any other
the offender.
purpose to be
achieved by means
CHAPTER 2: BRIGANDAGE of force or violence
Proof Mere formation of a It is necessary to
ARTICLE 306 - WHO ARE BRIGANDS
band for any of the prove that the
Elements of Brigandage: above purposes is band actually
(a) There be at least 4 armed persons sufficient. There is committed the
(b) They formed a band of robbers no requirement that robbery.
(c) The purpose is any of the following: the brigands Conspiracy to
(1) To commit robbery in the highway; or consummate the commit robbery
(2) To kidnap for the purpose of extortion crime. is not
or to obtain ransom; or punishable.
(3) To attain by means of force and
violence any other purpose.
401
ARTICLE 307 - AIDING AND ABETTING A (2) Those who, having found lost property, fail
BAND OF BRIGANDS to deliver the same to the local authorities
or to its owner.
Elements: (3) Those who, after having maliciously
(a) There is a band of brigands damaged the property of another, remove
(b) Offender knows the band to be of brigands or make use of the fruits or object of the
(c) Offender does any of the following acts: damage caused by them.
(1) He in any manner aids, abets or (4) Those who enter an inclosed estate or field
protects such band of brigands; or where trespass is forbidden or which
(2) He gives them information of the belongs to another and, without the
movements of the police or other consent of its owner, hunt or fish upon the
peace officers; or same or gather fruits, cereals, or other
(3) He acquires or receives the property forest or farm products.
taken by such brigands.
The theft is consummated & taking completed
It is presumed that the person performing any once the culprit is able to place the thing taken
of the acts provided in this article has under his control, and in such a situation that
performed them knowingly, unless the contrary he could dispose of it at once.
is proven.
In accordance with the definition in Art 308,
Any person who aids or protects highway there is no frustrated theft. The offender has
robbers or abets the commission of highway either complete control of the property
robbery or brigandage shall be considered as an (consummated) or without (attempted). Intent
accomplice. to gain is presumed from the unlawful taking of
personal property belonging to another.
CHAPTER 3 THEFT [Valenzuela v. People (2007)]
ARTICLE 308 - WHO ARE LIABLE FOR If a person takes property of another, believing
THEFT it to be his own, presumption of intent to gain is
rebutted. Hence, he is not guilty of theft.
Elements:
(a) Taking of personal property If one takes personal property openly and
(b) Personal property belongs to another avowedly under claim of title made in good faith,
(c) Taking was done with intent to gain. he is not guilty of theft even though claim of
(d) Taking was wiithout the consent of the ownership is later found to be untenable.
owner.
(e) Accomplished without the use of violence If possession was only material or physical, the
against or intimidation of persons or force crime is THEFT. If possession was juridical,
upon things. crime is ESTAFA.
Persons liable: Selling share of a partner or co-owner is not

(1) Those who, with intent to gain, without theft. Actual or real gain is not necessary in
violence against or intimidation of persons theft.
nor force upon things, take personal
property, of another without the latter’s
consent.
402
The consent contemplated in this article refers Elements of hunting, fishing or gathering fruits,
to consent freely given, and not mere lack of etc., in enclosed estate:
opposition by owner of the property taken. (1) That there is an enclosed estate or a field,
where trespass is forbidden or which
It is not robbery when violence is for a reason belongs to another
entirely foreign to the fact of taking. (2) Offender enters the same
(3) Offender hunts or fishes upon the same or
Gulinao shot Dr. Chua and left. Then he went gathers fruits, cereals or other forest or
back & took Dr. Chua’s diamond ring. The crime farm products in the estate or field; and
was Theft and not robbery. Circumstances show (4) That the hunting or fishing or gathering of
that the taking was merely an afterthought. products is without the consent of the
Violence used in killing Dr. Chua had no bearing owner.
on the taking of the ring. [People v. Gulinao,
(1989)] Corpus Delicti
To be caught in possession of the stolen
Properties were taken after accused has already property is not an element of the corpus delicti
carried out his primary criminal intent of killing in theft. Corpus delicti means the “body or
the victim. Considering that the victim was substance of the crime, and, in its primary sense,
already heavily wounded when his properties refers to the fact that the crime has been
were taken, there was no need to employ actually committed.”
violence against or intimidation upon his person.
Hence, accused can only be held guilty of the In theft, corpus delicti has two elements,
separate offense of theft. [People v. Basao namely:
(1999)] (1) that the property was lost by the owner,
and
One in possession of part of recently stolen (2) that it was lost by felonious taking. [Gan
property is presumed to be thief of all. vs. People (2007)]
“Lost property” – embraces loss by stealing or ARTICLE 309 – PENALTIES

by act of the owner or by a person other than
the owner, or through some casual occurrence. The basis of the penalty in theft is
(1) the value of the thing stolen, or
It is necessary to prove the following in order to (2) the value and nature of the property taken,
establish theft by failure to deliver or return lost or
property: (3) the circumstances that impelled the culprit
(1) Time of the seizure of the thing to commit the crime.
(2) It was a lost property belonging to another;
and If there is no evidence of the value of the
(3) That the accused having had the property stolen, the court should impose the
opportunity to return or deliver the lost minimum penalty corresponding to theft
property to its owner or to the local involving the value of P5.00. The court may also
authorities, refrained from doing so. take judicial notice of its value in the proper
cases.
The law does not require knowledge of the
owner of the property.
403
ARTICLE 310 - QUALIFIED THEFT If a private individual took a letter containing

postal money order, it is qualified theft. If it was
Theft is qualified if: the postmaster, to whom the letter was
(1) Committed by a domestic servant delivered, the crime would be infidelity in the
(2) Committed with grave abuse of confidence custody of documents.
(3) The property stolen is
(d) motor vehicle Regarding the theft of coconuts and fish, what
(e) mail matter, or matters is not the execution, but the location
(f) large cattle where it is taken. It should be in the plantation
(4) The property stolen consists of coconuts or in the fishpond.
taken from the premises of a plantation
(5) The property stolen is fish taken from a PD 1612: ANTI-FENCING LAW
fishpond or fishery
(6) The property is taken on the occasion of fire, Fencing – The act ny person who, with intent to
earthquake, typhoon, volcanic eruption, or gain for himself or for another, shall buy, receive,
any other calamity, vehicular accident or keep, acquire, conceal, sell, or dispose of, or
civil disturbance. shall buy and sell or in any other manner deal in
any article, item, object, or anything of value
The penalty for qualified theft is 2 degrees which he knows, or should be known to him, to
higher. have been derived from the proceeds of the
crime of robbery or theft.
Theft by domestic servant is always qualified.
There is no need to prove grave abuse of
confidence. Elements:
(a) Robbery or theft has been committed.
The abuse of confidence must be grave. There (b) The accused, who is not a principal or
must be allegation in the information and proof accomplice in the crime of robbery or theft,
of a relation, by reason of dependence, buys, receives, possesses, keeps, acquires,
guardianship or vigilance, between the accused conceals, sells or disposes, or buys and
and the offended party that has created a high sells, or in any manner deals in any article,
degree of confidence between them, which the item, object, or anything of value, which
accused abused. has been derived from the proceeds of the
said crime.
Theft of any material, spare part, product or (c) The accused knows or should have known
article by employees and laborers is heavily that the said article, item, object or
punished under PD 133. anything of value has been derived from
the proceeds of the crime of robbery or
“Motor vehicle” - all vehicles propelled by power, theft.
other than muscular power. Theft of motor (d) There is, on the part of the accused, intent
vehicle may now fall under the Anti-Carnapping to gain for himself or another.
law.
Mere possession of any good, article, item,
When the purpose of taking the car is to destroy object, or anything of value which has been the
it by burning it, the crime is arson. subject of robbery or thievery shall be prima
404
facie evidence of fencing. [People v. Dizon- thereof in knock down condition shall register
Pamintuan] with the Land Transportation Commission the
motor vehicle engine, engine block and chassis
Robbery/theft and fencing are separate and in his name or in the name of the real owner
distinct offenses. who shall be readily available to answer any
claim over the registered motor vehicle engine,
"Fence" – includes any person, firm, association, engine block or chassis. Thereafter, all motor
corporation or partnership or other organization vehicle engines, engine blocks and chassis not
who/which commits the act of fencing. registered with the Land Transportation
Commission shall be considered as untaxed
Presumption of Fencing importation or coming from an illegal source or
Mere possession of any good, article, item, carnapped, and shall be confiscated in favor of
object, or anything of value which has been the the Government.
facie evidence of fencing. All owners of motor vehicles in all cities and
municipalities are required to register their cars
Exception
with the local police without paying any charges.
With Clearance or Permit to Sell
Section 6. Clearance/Permit to Sell/Used
Section 5. Registration of sale, transfer,
Second Hand Articles. For purposes of this Act,
conveyance, substitution or replacement of a
all stores, establishments or entities dealing in
motor vehicle engine, engine block or chassis.
the buy and sell of any good, article, item,
Every sale, transfer, conveyance, substitution or
object or anything of value obtained from an
replacement of a motor vehicle engine, engine
unlicensed dealer or supplier thereof, shall
block or chassis of a motor vehicle shall be
before offering the same for sale to the public,
registered with the Land Transportation
secure the necessary clearance or permit from
Commission. Motor vehicles assembled and
the station commander of the Integrated
rebuilt or repaired by replacement with motor
National Police in the town or city where such
vehicle engines, engine blocks and chassis not
store, establishment or entity is located. The
registered with the Land Transportation
Chief of Constabulary/Director General,
Commission shall not be issued certificates of
Integrated National Police shall promulgate
registration and shall be considered as untaxed
such rules and regulations to carry out the
imported motor vehicles or motor vehicles
provisions of this section. Any person who fails
carnapped or proceeding from illegal sources.
to secure the clearance or permit required by
this section or who violates any of the provisions
Section 6. Original Registration of motor vehicles.
of the rules and regulations promulgated
Any person seeking the original registration of a
thereunder shall upon conviction be punished
motor vehicle, whether that motor vehicle is
as a fence.
newly assembled or rebuilt or acquired from a
registered owner, shall within one week after
RA 6539: ANTI-CARNAPPING ACT
the completion of the assembly or rebuilding
Registration job or the acquisition thereof from the
Section 3. Registration of motor vehicle engine, registered owner, apply to the Philippine
engine block and chassis. Within one year after Constabulary for clearance of the motor vehicle
the approval of this Act, every owner or for registration with the Land Transportation
possessor of unregistered motor vehicle or parts Commission. The Philippine Constabulary shall,
405
upon receipt of the application, verify if the chassis or body, shall keep a permanent record
motor vehicle or its numbered parts are in the of his stocks, stating therein their type, make
list of carnapped motor vehicles or stolen motor and serial numbers, and the names and
vehicle parts. If the motor vehicle or any of its addresses of the persons from whom they were
numbered parts is not in that list, the Philippine acquired and the names and addresses of the
Constabulary shall forthwith issue a certificate persons to whom they were sold, and shall
of clearance. Upon presentation of the render an accurate monthly report of his
certificate of clearance from the Philippine transactions in motor vehicles to the Land
Constabulary and after verification of the Transportation Commission.
registration of the motor vehicle engine, engine
block and chassis in the permanent registry of Clearance and Permit
motor vehicle engines, engine blocks and Section 10. Clearance and permit required for
chassis, the Land Transportation Commission assembly or rebuilding of motor vehicles. Any
shall register the motor vehicle in accordance person who shall undertake to assemble or
with existing laws, rules and regulations. rebuild or cause the assembly or rebuilding of a
motor vehicle shall first secure a certificate of
Who are Liable clearance from the Philippine Constabulary:
Provided, That no such permit shall be issued
Duty of Collector of Customs unless the applicant shall present a statement
Section 7. Duty of Collector of Customs to report under oath containing the type, make and serial
arrival of imported motor vehicle, etc. The numbers of the engine, chassis and body, if any,
Collector of Customs of a principal port of entry and the complete list of the spare parts of the
where an imported motor vehicle, motor vehicle motor vehicle to be assembled or rebuilt
engine, engine block chassis or body is together with the names and addresses of the
unloaded, shall, within seven days after the sources thereof.
arrival of the imported motor vehicle or any of
its parts enumerated herein, make a report of In the case of motor vehicle engines to be
the shipment to the Land Transportation mounted on motor boats, motor bancas and
Commission, specifying the make, type and other light water vessels, the applicant shall
serial numbers, if any, of the motor vehicle secure a permit from the Philippine Coast Guard,
engine, engine block and chassis or body, and which office shall in turn furnish the Land
stating the names and addresses of the owner Transportation Commission the pertinent data
or consignee thereof. If the motor vehicle engine, concerning the motor vehicle engines including
engine block, chassis or body does not bear any their type, make and serial numbers.
serial number, the Collector of Customs
concerned shall hold the motor vehicle engine, Definition of terms/Punishable Acts
engine block, chassis or body until it is Carnapping – is the taking, with intent to gain,
numbered by the Land Transportation of a motor vehicle belonging to another without
Commission. the latter's consent, or by means of violence
against or intimidation of persons, or by using
Duty of Importers Distributors and Sellers force upon things.
Section 8. Duty of importers, distributors and
sellers of motor vehicles to keep record of stocks. Motor vehicle –is any vehicle propelled by any
Any person engaged in the importation, power other than muscular power using the
distribution, and buying and selling of motor public highways, but excepting road rollers,
vehicles, motor vehicle engines, engine blocks, trolley cars, street-sweepers, sprinklers, lawn
406
mowers, bulldozers, graders, fork-lifts, Any government official or employee who

amphibian trucks, and cranes if not used on directly commits the unlawful acts defined in
public highways, vehicles, which run only on this Act or is guilty of gross negligence of duty
rails or tracks, and tractors, trailers and traction or connives with or permits the commission of
engines of all kinds used exclusively for any of the said unlawful act shall, in addition to
agricultural purposes. Trailers having any the penalty prescribed in the preceding
number of wheels, when propelled or intended paragraph, be dismissed from the service with
to be propelled by attachment to a motor prejudice to his reinstatement and with
vehicle, shall be classified as separate motor disqualification from voting or being voted for in
vehicle with no power rating. any election and from appointment to any
public office.
Defacing or tampering with a serial number – is
the erasing, scratching, altering or changing of Section 14. Penalty for Carnapping. Any person
the original factory-inscribed serial number on who is found guilty of carnapping, as this term
the motor vehicle engine, engine block or is defined in Section two of this Act, shall,
chassis of any motor vehicle. Whenever any irrespective of the value of motor vehicle taken,
motor vehicle is found to have a serial number be punished by imprisonment for not less than
on its motor engine, engine block or chassis fourteen years and eight months and not more
which is different from that which is listed in the than seventeen years and four months, when
records of the Bureau of Customs for motor the carnapping is committed without violence
vehicles imported into the Philippines, that or intimidation of persons, or force upon things;
motor vehicle shall be considered to have a and by imprisonment for not less than
defaced or tampered with serial number. seventeen years and four months and not more
than thirty years, when the carnapping is
Section 12. Defacing or tampering with serial committed by means of violence against or
numbers of motor vehicle engines, engine blocks intimidation of any person, or force upon things;
and chassis. It shall be unlawful for any person and the penalty of life imprisonment to death
to deface or otherwise tamper with the original shall be imposed when the owner, driver or
or registered serial number of motor vehicle occupant of the carnapped motor vehicle is
engines, engine blocks and chassis. killed in the commission of the carnapping.
Section 13. Penal Provisions. Any person who ARTICLE 311 - THEFT OF THE PROPERTY
violates any provisions of this Act shall be OF THE NATIONAL LIBRARY AND
punished with imprisonment for not less than NATIONAL MUSEUM
two years nor more than six years and a fine
equal in amount to the acquisition cost of the Theft of property of the National Museum and
motor vehicle, motor vehicle engine or any other National Library has a fixed penalty (arresto
part involved in the violation: Provided, That if mayor of fine of P200-500 or both) regardless
the person violating any provision of this Act is a of the property's value. But if it was with grave
juridical person, the penalty herein provided abuse of confidence, the penalty for qualified
shall be imposed on its president or secretary theft shall be imposed.
and/or members of the board of directors or any
of its officers and employees who may have
directly participated in the violation.
407
CHAPTER 4: USURPATION Usurpation Theft or Robbery

Act Occupation or Taking or
ARTICLE 312 - OCCUPATION OF REAL
Usurpation asportation
PROPERTY OR USURPATION OF REAL
RIGHTS IN PROPERTY What is Real property or Personal
Taken Real Right property
Acts punishable under Art. 312:
Intent To Gain To Gain
(1) Taking possession of any real property
against or intimidation of persons ARTICLE 313 - ALTERING BOUNDARIES
(2) Usurping any real rights in property OR LANDMARKS
against or intimidation of persons. Elements:
(a) There are boundary marks or monuments
Elements: of towns, provinces, or estates, or any
(a) Offender takes possession of any real other marks intended to designate the
property OR usurps any real rights in boundaries of the same.
property (b) The offender alters said boundary marks.
(b) Real property or real rights belong to
another Provision does not require intent to gain.
(c) Violence against or intimidation of persons
is used by the offender in occupying real The word “alter” may include:
property or usurping real rights in property. (1) destruction of stone monument
(d) There is intent to gain. (2) taking it to another place
(3) removing a fence
If no violence or intimidation only civil liability
exists. Violence or intimidation must be the CHAPTER 5: CULPABLE INSOLVENCY
means used in occupying real property or in
usurping real rights. ART. 314 - FRAUDULENT INSOLVENCY
Art. 312 does not apply when the violence or Elements:

intimidation took place subsequent to the entry (a) The offender is a debtor, and he has
into the property. obligations due and payable
(b) He absconds with his property
Art. 312 does not apply to a case of open (c) There is prejudice to his creditors
defiance of the writ of execution issued in the
forcible entry case. Actual prejudice, not intention alone, is required.
Even if the debtor disposes of his property,
Criminal action for usurpation of real property is unless it is shown that it has actually prejudiced
not a bar to civil action for forcible entry. his creditor, conviction will not lie.
RA 947 punishes entering or occupying public Fraudulent concealment of property is not

agricultural land including lands granted to sufficient if the debtor has some property with
private individuals. which to satisfy his obligation.
408
“Abscond” – does not require that the debtor

should depart and physically conceal his Damage or prejudice must be capable of
property. Real property could be the subject estimation, because it is the basis of the penalty.
matter of Art. 314.
Delivery of anything of value must be “by virtue
The person prejudiced must be creditor of the of an onerous obligation to do so”.
offender.
It is not estafa if the thing delivered is not
Art 314 Insolvency law acceptable to the complainant when there is no
agreement as to its quality.
No need for Crime should be
insolvency committed after the Estafa may arise even if thing delivered is not
proceedings. institution of insolvency subject of lawful commerce, such as opium.
proceedings
No need to be
adjudged bankrupt Par.1(b): Misappropriation and Conversion
or insolvent Elements of estafa with abuse of confidence
(a) Money, goods, or other personal property
CHAPTER 6: SWINDLING AND OTHER is received by the offender in trust, or in
commission, or for administration, or
DECEITS under any other obligation involving the
duty to make delivery of, or to return, the
ARTICLE 315 - ESTAFA same;
(b) There is misappropriation or conversion of
Elements of Estafa in General:
such money or property by the offender, or
(a) The accused defrauded another
denial on his part of such receipt;
(3) by abuse of confidence; or
(c) Such misappropriation or conversion or
(4) by means of deceit; and
denial is to the prejudice of another; and
(b) The damage or prejudice capable of
(d) There is a demand made by the offended
pecuniary estimation is caused to the
party to the offender
offended party or third person.
The 4th element is not necessary when there is

With Unfaithfulness or Abuse of Confidence (315 evidence of misappropriation of goods by the
par. 1(a) (b) (c)) defendant.
Check is included in the word “money”.

Par 1(a): Altering substance, quantity or quality of
object subject of obligation to deliver Money, goods or other personal property must
Elements of estafa with unfaithfulness be received by the offender under certain kinds
(a) Offender has an onerous obligation to of transaction transferring juridical possession
deliver something of value. to him.
(b) He alters its substance, quantity, or quality
(c) Damage or prejudice is caused to another The offender acquires both physical possession
and juridical possession when the thing is
Deceit is NOT an essential element of estafa
with abuse of confidence.
409
received by the offender from the offended No estafa when:

party (4) Transaction sale fails. There is no estafa if
(1) in trust, or the accused refused to return the advance
(2) on commission, or payment.
(3) for administration, (5) The money or personal property received
by accused is not to be used for a particular
“Juridical possession” – means a possession purpose or to be returned.
which gives the transferee a right over the thing (6) Thing received under a contract of sale on
which he may invoke even as against the owner. credit
When the delivery of a chattel does not transfer Payment by students to the school for the value
juridical possession/title, it is presumed that the of materials broken is not mere deposit.
possession/title of the thing remain w/ owner.
Novation of contract of agency to one of sale, or
Failure to turn over to the bank the proceeds of to one of loan, relieves defendant from incipient
sale of goods covered by trust receipts is estafa. criminal liability under the first contract.
The phrase “or under any obligation involving He exerted all efforts to retrieve dump truck,
the duty to make delivery of, or to return the albeit belatedly and to no avail. His ineptitude
same”, includes quasi-contracts and certain should not be confused with criminal intent.
contracts of bailment. The obligation to return Criminal intent is required for the conviction of
the thing must be contractual but without estafa. Earnest effort to comply with obligation
transferring to accused ownership of the thing. is a defense against estafa. [Manahan vs CA
(1996)]
When ownership is transferred to recipient, his
failure to return it results in civil liability only. 3 Ways of Committing Estafa With Abuse Of
Confidence Under Art. 315 Par. (B):
Applicable Civil Code provisions: (1) Misappropriating the thing received.
(1) Art. 1477. The ownership of the thing sold (2) Converting the thing received.
shall be transferred to the vendee upon (3) Denying that the thing was received.
actual or constructive delivery thereof.
(2) Art. 1482. Whenever earnest money is “Misappropriating” – means to own, to take
given in a contract of sale, it shall be something for one's own benefit.
considered as part of the price and as proof
of the perfection of the contract. “Converting” – Using or disposing of another’s
property as if it were one’s own.
In estafa with abuse of confidence under par. (b),
subdivision 1 of Art. 315, the thing received must “Conversion” – presupposes that the thing has
be returned if there is an obligation to return it. been devoted to a purpose or use different from
that agreed upon.
If no obligation to return there is only civil
liability. The fact that an agent sold the thing received
on commission for a lower price than the one
fixed, does not constitute estafa (US v Torres).
410
The law does not distinguish between

temporary and permanent misappropriations. But when the money or property had been
received by a partner for specific purpose and
No estafa under Art. 315 par (b) when there is he misappropriated it, there is estafa.
neither misappropriation nor conversion.
Under the 4th element of estafa with abuse of
Right of agent to deduct commission from confidence demand may be required.
amounts
(1) If agent is authorized to retain his In estafa by means of deceit, demand is not
commission out of the amounts he needed, because the offender obtains the thing
collected, there is no estafa. wrongfully from the start. In estafa with abuse
(2) Otherwise he is guilty of estafa, because his of confidence, the offender receives the thing
right to commission does not make the under a lawful transaction.
agent a co-owner of money
3rd element of estafa with abuse of confidence Demand is not required by law, but it may be
is that the conversion, or denial by offender necessary, because failure to account upon
resulted in the prejudice of the offended party. demand is circumstantial evidence of
misappropriation. Presumption arises only
“To the prejudice of another” – not necessarily when the explanation of the accused is
of the owner of the property. absolutely devoid of merit.
General rule: Partners are not liable for estafa of The mere failure to return the thing received for
money or property received for the partnership safekeeping or under any other obligation w/
when the business commenced and profits the duty to return the same or deliver the value
accrued. Failure of partner to account for thereof to the owner could only give rise to a
partnership funds may give rise to civil civil action and does not constitute the crime of
obligation only, not estafa. estafa.
Exception: When a partner misappropriates the There is no estafa through negligence.

share of another partner in the profits, the act
constitutes estafa. The gravity of the crime of estafa is based on
the amount not returned before the institution
A co-owner is not liable for estafa, but he is of the criminal action.
liable if, after the termination of the co-
ownership, he misappropriates the thing which Test to distinguish theft from estafa:
has become the exclusive property of the other.
In theft, upon the delivery of the thing to the
Estafa with abuse of offender, the owner expects a return of the
Theft thing to him.
confidence
With juridical Only with physical / General rule: When the owner does not expect
possession of thing material possession of the immediate return of the thing he delivered
misappropriated thing misappropriated to the accused, the misappropriation of the
Offender receives the Offender takes the thing same is estafa.
thing from the victim
411
Exception: When the offender received the thing (1) ESTAFA: if it is not involved in the
from the offended party, with the obligation to commission of a crime
deliver it to a third person and, instead of doing (2) MALVERSATION: if it is involved in the
so, misappropriated it to the prejudice of the commission of a crime.
owner, the crime committed is qualified theft.
Sale of thing received to be pledged for owner is Par.1(c): Taking advantage of signature in blank
theft, when the intent to appropriate existed at Elements:
the time it was received. (a) Paper with the signature of the offended
party is in blank.
(b) Offended party delivered it to the offender.
Estafa with abuse of
Malversation (c) Above the signature of the offended party
confidence
a document is written by the offender
Entrusted with funds without authority to do so.
or property (d) The document so written creates a liability
of, or causes damage to, the offended
Both are continuing
party or any third person.
offenses
Funds or property are Funds or property
always private usually public Estafa by Means of False Pretenses or Fraudulent
Acts (315 par. 2(a) (b) (c) (d) (e); BP22):
Offender is a private Offender is a public
individual or public officer accountable for
Elements of estafa by means of deceit:
officer not public funds or property
(a) There is a false pretense, fraudulent act or
accountable for public
fraudulent means.
funds or property
(b) Such false pretense, fraudulent act or
Committed by Committed by fraudulent means was made or executed
misappropriating, misappropriating, or prior to or simultaneously with the
converting or denying thru abandonment or commission of the fraud.
having received negligence, letting (c) Offended party relied on the false pretense,
money, other personal other person to take the fraudulent act, or fraudulent means, that
property public funds or property is, he was induced to part with his money
There is no estafa There can be or property because of such
(d) As a result thereof, the offended party
through negligence. malversation through
abandonment or suffered damage.
negligence.
The acts must be fraudulent. Acts must be
founded on deceit, trick, or cheat, and such
When in prosecution for malversation the public must be made prior to or simultaneously with
officer is acquitted, the private individual in the commission of the fraud.
conspiracy w/ him may be held liable for estafa,
depending on the nature of the funds. In false pretenses the deceit consists in the use
of deceitful words, in fraudulent acts the deceit
consists principally in deceitful acts. The
fraudulent acts must be performed prior to or
Misappropriation of firearms received by a police
412
simultaneously with the commission of the Par 2(a): Using fictitious name or false pretenses
fraud. at power, influence… or other similar deceits
Ways of committing the offense:
The offender must be able to obtain something (1) By using fictitious name;
from the offended party because of the (2) By falsely pretending to possess:
fraudulent acts. (a) power,
(b) influence,
Knowledge of criminal intent of the principal is (c) qualifications,
essential to be convicted as an accomplice in (d) property,
estafa through falsification of commercial (e) credit,
document. There must be knowing assistance in (f) agency,
the execution of the offense. [Abejuela vs People (g) business or imaginary transactions;
(1991)] (4) By means of other similar deceits.
In a tenant-landowner relationship, it was For estafa under Art. 315 par. 2(a), it is
incumbent upon the tenant to hold in trust and, indispensable that the false statement or
eventually, account for the share in the harvest fraudulent representation of the accused,
appertaining to the landowner, failing which the (1) be made prior to, or, at least
tenant could be held liable for simultaneously with,
misappropriation. (2) the delivery of the thing by the complainant.
In [People v. Vanzuela (2008)], it was ruled that It is essential that such false statement or
share tenancy has been outlawed for being fraudulent representation constitutes the cause
contrary to public policy as early as 1963, with or only motive which induced the complainant
the passage of R.A. 3844. What prevails today, to part with the thing. If there be no such prior
under R.A. 6657, is agricultural leasehold or simultaneous false statement or fraudulent
tenancy relationship, and all instances of share representation, any subsequent act of the
tenancy have been automatically converted into accused, however fraudulent and suspicious it
leasehold tenancy. In such a relationship, the may appear, cannot serve as a basis for
tenant’s obligation is simply to pay rentals, not prosecution for this class of estafa.
to deliver the landowner’s share. Given this
dispensation, the petitioner’s allegation that the A creditor who deceived his debtor is liable for
respondents misappropriated the landowner’s estafa.
share of the harvest is untenable. Accordingly,
the respondents cannot be held liable under In estafa by means of deceit under Art. 315 2(a),
Article 315, paragraph 4, No. 1(b) of the RPC. there must be evidence that the pretense of the
accused is false. Without such proof, criminal
It is well established in jurisprudence that a intent to deceive cannot be inferred. Fraud must
person may be convicted of both illegal be proved with clear and positive evidence.
recruitment and estafa. The reason, therefore, is
not hard to discern: illegal recruitment is Estafa through false pretenses made in writing
malum prohibitum, while estafa is malum in is only a simple crime of estafa, not a complex
se. [Lapasaran v. People (2009)] crime of estafa through falsification.
413
Par 2(b): by altering the quality, fineness or weight time he postdated or issued a check is sufficient
of anything pertaining to art or business to make him liable for estafa.
RA 4885 deleted the phrase “the offender

Par. 2(c): by pretending to have bribed any knowing at the time he had no funds in the
government employee bank”:
(1) The failure of the drawer to deposit the
Manipulation of scale is punished under the amount needed to cover his check
Revised Administrative Code. (2) Within 3 days from receipt of notice of
dishonor of check for lack or
Person would ask money from another for the insufficiency of funds
alleged purpose of bribing a government (3) Shall be prima facie evidence of deceit
employee but just pocketed the money. constituting false pretense or fraudulent
act.
Par 2(d): By postdating a check or issuing a
Good faith is a defense in a charge of estafa by
bouncing check
postdating or issuing a check. One who got hold
of a check issued by another, knowing that the
Elements:
drawer had no sufficient funds in the bank, and
(a) Offender postdated a check, or issued a
used the same in the purchase of goods, is
check in payment of an obligation;
guilty of estafa. [People v. Isleta]
(b) Such postdating or issuing a check was
done when the offender had no funds in
PD 818, which increases the penalty for estafa
the bank, or his funds deposited therein
committed by means of bouncing checks,
were not sufficient to cover the amount of
applies only to estafa under par 2(d) of Art. 315,
the check.
and does not apply to other forms of estafa.
[People v Villaraza, 81 SCRA 95] Hence, the
The check must be genuine, and not falsified.
penalty prescribed in PD 818, not the penalty
provided for in Art. 315, should be imposed
The check must be postdated or for an
when the estafa committed is covered by par
obligation contracted at the time of the
2(d) of Art. 315.
issuance and delivery of the check and not for
pre-existing obligation.
Estafa by issuing a bad check is a continuing
crime.
Exception:
(1) When postdated checks are issued and
intended by the parties only as BP 22 (ANTI-BOUNCING CHECKS LAW)
promissory notes Punishable Acts
(2) When the check is issued by a guarantor (1)
(a) A person makes or draws and
The accused must be able to obtain something issues any check to apply on
from the offended party by means of the check account or for value;
he issues and delivers. (b) He knows at the time of issuance
that he does not have sufficient
The mere fact that the drawer had insufficient funds in or credit with the drawee
or no funds in the bank to cover the check at the
414
bank for the payment of such check B.P. Blg. 22 by deleting the penalty of
in full upon its presentment; and imprisonment and imposing only the penalty of
(c) (c)The check is subsequently fine in an amount double the amount of the
dishonored by the drawee bank for check. In justification thereof, the Court said:
insufficiency of funds or credit or Petitioner are first-time offenders. In Lim vs.
would have been dishonored for the People of the Philippines, the Court deleted the
same reason had not the drawer, penalty of imprisonment and sentenced the
without any valid reason, ordered the drawer of the bounced check to the maximum
bank to stop payment. of the fine allowed by B.P. Blg. 22, i.e.,
(2) P200,000, and concluded that “such would
(a) A person has sufficient funds in best serve the ends of criminal justice. (A.C. 12-
or credit with the drawee bank 2000 Re: Penalty for Violation of B.P. 22)
when he makes or draws and
issues a check; In a subsequent Administrative Circular
(b) He fails to keep sufficient funds or to (Administrative Circular No. 13-2001 Re
maintain a credit to cover the full Clarification for Admin. Circular 12-2000), the
amount of the check if presented Court clarified that:
within a period of ninety (90) days (1) A.C. 12-2000 does not remove
from the date appearing thereon; imprisonment as an alternative penalty for
(c) For which reason, the check is violations of B.P. Blg. 22;
dishonored by the drawee bank. (2) The Judges concerned may, in the exercise
Where the check is drawn by a corporation, of sound discretion, and taking into
company or entity, the person or persons who consideration the peculiar circumstances of
actually signed the check in behalf of such each case, determine whether the
drawer shall be liable. imposition of a fine alone would best serve
forbearing to impose imprisonment would
Evidence of Knowledge of Insufficient Funds depreciate the seriousness of the offense,
The making, drawing and issuance of a check work violence on the social order, or
payment of which is refused by the drawee otherwise be contrary to the imperatives of
because of insufficient funds in or credit with justice;
such bank, when presented within ninety (90) (3) Should only a fine be imposed and the
days from the date of the check, shall be prima accused be unable to pay the fine, there is
facie evidence of knowledge of such no legal obstacle to the application of the
insufficiency of funds or credit unless such Revised Penal Code provisions on subsidiary
maker or drawer pays the holder thereof the imprisonment.
amount due thereon, or makes arrangements
for payment in full by the drawee of such check Double jeopardy does not apply because estafa
within (5) banking days after receiving notice in RPC is a distinct crime from BP 22. Deceit
that such check has not been paid by the and damage are essential elements of RPC,
drawee. which are not required in BP 22. [Nierras vs
Dacuycuy (1990)]
Preference of Imposition of Fine
The decision by Supreme Court in Vaca vs. CA
modified the sentence imposed for violation of
415
ESTAFA THROUGH OTHER FRAUDULENT

MEANS (315 PAR 3 (A) (B) (C)) If there is neither deceit nor abuse of confidence,
it is not estafa, even if there is damage. There is
only civil liability.
Par 3 (a): By inducing another, through deceit, to
sign any document Deceit through Infidelity in Custody
Elements: Fraudulent Means of Documents
(a) Offender induced the offended party to sign
a document. Offender is a private Offender is a public
(b) Deceit was eployed to make offended party person OR a public person entrusted
sign the document. person not entrusted w/ with the documents
(c) Offended party personally signed the documents
document. There is intent to defraud Intent to defraud is
(d) Prejudice was caused. not required
Offender must induce the offended party to sign

The element of damage or prejudice capable of
the document. If offended party is willing from
pecuniary estimation may consist in:
the start to sign the document, because the
(1) The offended party being deprived of his
contents are different from those which the
money or property, as result of the fraud;
offended told the accused to state in the
(2) Disturbance in property right; or
document, the crime is falsification.
(3) Temporary prejudice
There can be no conviction for estafa in the
Payment subsequent to the commission of
absence of proof that defendant made
estafa does not extinguish criminal liability or
statements tending to mislead complainant.
reduce the penalty.
Par.3 (b): By resorting to some fraudulent practice The crime of estafa is not obliterated by
to ensure success in a gambling game acceptance of promissory note.
A private person who procures a loan by means

Par.3 (c): By removing, concealing or destroying of deceit through a falsified public document of
any court record, office files, document or any mortgage, but paid loan within the period
other papers agreed upon, is not guilty of estafa but only
Elements: falsification of a public document.
(a) There are court record, office files,
documents or any other papers. Accused cannot be convicted of estafa with
(b) The offender removed, concealed or abuse of confidence if charged w/ estafa by
destroyed any of them. means of deceit
(c) The offender had Intent to defraud another.
If there is no malicious intent to defraud, the

destruction of court record is malicious mischief.
Elements of deceit and abuse of confidence may

co-exist.
416
ARTICLE 316 - OTHER FORMS OF Act constituting the offense is disposing of the
SWINDLING AND DECEITS real property representing that it is free from
encumbrance.
Par 1. By conveying, selling, encumbering, or
mortgaging any real property, pretending to be “Dispose” – includes encumbering or
the owner of the same mortgaging.
Elements:
(a) The thing is immovable, such as a parcel of “Encumbrance” – includes every right or interest
land or a building. in the land which exists in favor of third persons.
(b) Offender who is not the owner of said
property represents that he is the owner The offended party would not have granted the
thereof. loan had he known that the property was
(c) Offender executed an act of ownership already encumbered. When the loan had
(selling, encumbering or mortgaging the already been granted when defendant offered
real property). the property as security for the loan, Art. 316 par.
(d) The act was made to the prejudice of the 2 is not applicable.
owner or a third person.
Usurious loan with equitable mortgage is not an
The thing disposed of must be real property. If it encumbrance on the property.
is chattel, crime is Estafa.
If 3rd element not established, there is no crime.
There must be existing real property.
There must be damage caused. It is not
Even if the deceit is practiced against the necessary that act prejudice the owner of the
second purchaser but damage is incurred by the land.
first purchaser, there is violation of par.1 of Art.
316. The omitted phrase “as free from encumbrance”
in par 2 of Art. 316 is the basis of the ruling that
Since the penalty is based on the “value of the silence as to such encumbrance does not involve
damage” there must be actual damage caused. a crime.
Par. 2. By disposing of real property as free from Par. 3. By wrongfully taking by the owner of his
encumbrance, although such encumbrance be not personal property from its lawful possessor
recorded Elements:
Elements: (a) Offender is the owner of personal property.
(a) The thing disposed of is real property. (b) Said property is in the lawful possession of
(b) Offender knew that the real property was another.
encumbered, whether the encumbrance is (c) Offender wrongfully takes it from its lawful
recorded or not. possessor.
(c) There was express representation by the (d) Prejudice is thereby caused to the lawful
offender that the real property is free from possessor or third person.
encumbrance.
(d) Act of disposing of the real property was Offender must wrongfully take the personal
made to the damage of another. property from the lawful possessor. Wrongfully
417
take does not include the use of violence or In case the person who received it later refused
intimidation. or failed to return it to the owner of the money,
Art. 315 subdivision 1(b) is applicable.
If the thing is taken by means of violence,
without intent to gain, it is not estafa, but grave
coercion. Par. 6. By selling, mortgaging or encumbering real
property or properties with which the offender
If the owner took the personal property from its guaranteed the fulfilment of his obligation as
lawful possessor without the latter’s knowledge surety
and later charged him with the value of the Elements:
property, the crime is theft. If there is intent to (a) Offender is a surety in a bond given in a
charge the bailee with its value, the crime is criminal or civil action.
robbery. [US v Albao] (b) He guaranteed the fulfillment of such
obligation with his real property or
properties.
Par. 4. By executing any fictitious contract to the (c) He sells, mortgages, or, in any other
prejudice of another manner encumbers said real property.
Elements: (d) That such sale, mortgage, or
(a) Offender executes a contract encumbrance is
(b) Contract is fictitious (1) Without express authority from the
(c) Prejudice is caused. court, or
(2) Made before the cancellation of his
Illustration: A person who simulates a bond, or
conveyance of his property to another to (3) Before being relieved from the
defraud his creditors. If the conveyance is real obligation contracted by him.
and not simulated, the crime is fraudulent
insolvency. There must be damage caused under Art. 316.
Par. 5. By accepting any compensation for services Estafa under PD 1689: Increasing the Penalty for
not rendered or for labor not performed Certain Forms of Swindling or Estafa
Elements:
(a) Offender accepts any compensation for Syndicated estafa
services or labor (1) Estafa or other forms of swindling as
(b) He did not render any service or perform defined by Art. 315 and 316 RPC was
any labor committed;
(2) The swindling is committed by a syndicate
There must be fraud. Otherwise, it will only be consisting of five or more persons formed
solutio indebiti, with civil obligation to return with the intention of carrying the unlawful
the wrong payment. or illegal
act/transaction/enterprise/scheme; and
If the money in payment of a debt was delivered (3) The defraudation results in the
to a wrong person, Art. 316 par 5 is not misappropriation of money contributed by
applicable. stockholders, or members of rural banks,
cooperative, “samahang nayon(s)”, or
farmers association, or of funds solicited by
418
corporations/associations from the general Acts punished:

public. (1) By defrauding or damaging another by any
Penalty: Life imprisonment to death other deceit not mentioned in the
preceding articles.
Large-scale Estafa (2) By interpreting dreams, by making
(1) Estafa or other forms of swindling as forecasts, by telling fortunes, or by taking
defined by Art. 315 and 316 RPC was advantage of the credulity of the public in
committed; any other manner, for profit or gain.
(2) The swindling is NOT committed by a
syndicate as defined above; Any other kind of conceivable deceit may fall
(3) The defraudation results in the under this article. As in other cases of estafa,
misappropriation of money contributed by damage to the offended party is required.
stockholders, or members of rural banks,
cooperative, “samahang nayon(s)”, or The deceits in this article include false
farmers association, or of funds solicited by pretenses and fraudulent acts.
corporations/associations from the general
public; and Chattel Mortgage
(4) Amount of fraud exceeds Php. 100,000 The object of the Chattel Mortgage Law is to
Penalty: Reclusion temporal to reclusion give the necessary sanction to the statute, so
perpetua that mortgage debtors may be deterred from
violating its provisions and mortgage creditors
ARTICLE 317 - SWINDLING OF A MINOR may be protected against loss or inconvenience
from wrongful removal or sale of mortgaged
Elements: property.
(a) Offender takes advantage of the
inexperience or emotions or feelings of a CHAPTER 7: CHATTEL MORTGAGE
minor.
(b) He induces such minor
ARTICLE 319 - REMOVAL, SALE, OR
(1) to Assume an obligation, or
PLEDGE OF MORTGAGED PROPERTY
(2) to Give release, or
(3) to Execute a transfer of any property Acts punishable under Art. 319:
right. (3) By knowingly removing any personal
(d) That the consideration is property mortgaged under the Chattel
(1) some loan of money, Mortgage Law to any province or city other
(2) Credit, or than the one in which it was located at the
(3) Other personal property. time of execution of the mortgage, without
(e) That the transaction is to the detriment of the written consent of the mortgagee or his
such minor. executors, administrators or assigns.
(4) By selling or pledging personal property
Real property is not included because only already pledged, or any part thereof, under
money, credit and personal property are the terms of the Chattel Mortgage Law,
enumerated, and because a minor cannot without the consent of the mortgagee
convey real property without judicial authority. written on the back of the mortgage and
noted on the record thereof in the office of
ARTICLE 318 - OTHER DECEITS
419
the register of deeds of the province where Elements of selling or pledging personal property
such property is located. already pledged:
(a) Personal property is already pledged under
Chattel mortgage must be valid and subsisting. the terms of the Chattel Mortgage Law.
If chattel mortgage does not contain an affidavit (b) The offender, who is the mortgagor of such
of good faith and is not registered, it is void and property, sells or pledges the same or any
cannot be prosecuted under Art 319 part thereof.
(c) There is no consent of the mortgagee
written on the back of the mortgage and
Elements of knowingly removing mortgaged noted on the record thereof in the office of
personal property: the register of deeds.
(a) Personal property is mortgaged under the
Chatter Mortgage Law. The consent of the mortgagee must be
(b) Offender knows that such property is so (1) in writing,
mortgaged. (2) on the back of the mortgage, and
(c) He removes such mortgaged personal (3) noted on the record thereof in the office of
property to any province or city other than the register of deeds.
the one in which it was located at the time
of the execution of the mortgage. Damage is NOT essential.
(d) The removal is permanent.
(e) There is no written consent of the Chattel mortgage may give rise to estafa by
mortgagee or his executors, administrators means of deceit.
or assigns to such removal.
Art 319 Art 316 Estafa

A person other than the mortgagor who
removed the property to another province, In both there is selling
knowing it to be mortgaged, may be liable. The of a mortgaged
removal of the mortgaged personal property property.
must be coupled with intent to defraud.
Personal property Property involved is
real property(Art. 316
No felonious intent if transfer of personal
par 2)
property is due to change of residence.
Committed by the Committed by selling
If the mortgagee opted to file for collection, not mere failure to obtain real property
foreclosure, abandoning the mortgage as basis consent of the mortgaged as free,
for relief, the removal of property to another mortgagee in writing, even though the
province is not a violation of Art 319 par1. even if offender should vendor may have
inform the purchaser obtained the consent
In estafa, the property involved is real property. that the thing sold is of the mortgagee in
In sale of mortgaged property, it is personal mortgaged writing.
property. Purpose: to protect the Purpose: to protect the
mortgagee purchaser (1st or 2nd)
420
CHAPTER 8: ARSON AND OTHER occupied by one or more persons and the
CRIMES INVOLVING DESTRUCTION offender knew it when the house was burned.
Articles 320-326-B have been repealed by PD No complex crime of arson with homicide. If by
1613 (Amending the Law on Arson) reason of or on the occasion of arson death
results, the penalty of reclusion perpetua to
death shall be imposed. Homicide is absorbed.
KINDS OF ARSON:
(1) Arson (PD 1613, Sec. 1)
Any of 7 circumstances in Sec. 6 of PD 1613 is
(2) Destructive arson (Art. 320, as amended by
sufficient to establish fact of arson if
RA 7659)
unexplained.
(3) Other cases of arson (Sec. 3, PD 1613)
PD 1613, §1. ARSON How is the crime of Arson proved?
Section 1. Arson. Any person who burns or sets In the prosecution for Arson, proof of the crime
fire to the property of another shall be punished charged is complete where the evidence
by Prision Mayor. establishes:
(1) the corpus delicti, i.e., a fire because of
The same penalty shall be imposed when a criminal agency; and
person sets fire to his own property under (2) the identity of the defendant as the one
circumstances which expose to danger the life responsible for the crime.
or property of another.
In Arson, the corpus delicti rule is satisfied by
proof of the bare fact of the fire and of it having
Attempted, Frustrated, and Consummated Arson
been intentionally caused. [Gonzales, Jr. v.
People, 2007]
Attempted arson – A person, intending to burn
a wooden structure, collects some rags, soaks
PD 1613, §2. DESTRUCTIVE ARSON
them in gasoline and places them beside the
wooden wall of the building. When he was
SEC. 2. Destructive Arson—The penalty of
about to light a match to set fire to the rags, he
Reclusion Temporal in its maximum period to
is discovered by another who chases him away.
Reclusion Perpetua shall be imposed if the
In attempted arson, it is not necessary that
property burned is any of the following:
there be a fire.
(1) Any ammunition factory and other
establishment where explosives,
Frustrated arson – If that person is able to light
inflammable or combustible materials are
or set fire to the rags, but the fire was put out
stored.
before any part of the building was burned.
(2) Any archive, museum, whether public or
private, or any edifice devoted to culture,
Consummated arson – If before the fire was put
education or social services.
out, it had burned a part of the building.
(3) Any church or place of worship or other
building where people usually assemble.
If the property burned is an inhabited house or
dwelling, it is not required that the house be
421
(4) Any train, airplane or any aircraft, vessel or (a) if the main objective is the burning of the
watercraft, or conveyance for building or edifice, but death results by
transportation of persons or property. reason or on the occasion of arson, the
(5) Any building where evidence is kept for use crime is simply Arson, and the resulting
in any legislative, judicial, or administrative homicide is absorbed;
or other official proceeding. (b) if, on the other hand, the main objective is
(6) Any hospital, hotel, dormitory, lodging to kill a particular person who may be in a
house, housing tenement, shopping center, building or edifice, when fire is resorted to
public or private market, theater or movie as the means to accomplish such goal, the
house or any similar place or building. crime committed is Murder only; and lastly,
(7) Any building, whether used as a dwelling (c) if the objective is, likewise, to kill a
or not, situated in a populated or particular person, and in fact the offender
congested area. has already done so, but fire is resorted to
as means to cover up the killing, then there
SEC. 3. Other Cases of Arson—The penalty of are two separate and distinct crimes
Reclusion Temporal to Reclusion Perpetua shall committed – Homicide/Murder and Arson
be imposed if the property burned is any of the
following: CHAPTER 9 MALICIOUS MISCHIEF
(1) Any building used as offices of the
government or any of its agencies Malicious Mischief – It is the willful causing of
(2) Any inhabited house or dwelling damage to another’s property for the sake of
(3) Any industrial establishment, shipyard, oil causing damage because of hate, revenge or
well or mine shaft, platform or tunnel other evil motive.
(4) Any plantation, farm, pasture land,
growing crop, grain field, orchard, bamboo ARTICLE 327 - WHO ARE RESPONSIBLE
grove or forest;
(5) Any rice mill, sugar mill, cane mill or mill Elements of malicious mischief:
central (a) Offender deliberately caused damage to
(6) Any railway or bus station, airport, wharf or the property of another.
warehouse (b) Such act does not constitute arson or other
crimes involving destruction
Article 320, RPC, as amended, with respect to (c) The act of damaging another’s property
destructive arson, and the provisions of PD 1613 was committed merely for the sake of
respecting other cases of arson provide only one damaging it.
penalty for the commission of arson, whether
destructive or otherwise, where death results If there is no malice in causing damage, the
therefrom. The raison d’etre is that arson is itself obligation to pay for the damages is only civil
the end and death is simply the consequence. (Art. 2176)
In cases where both burning and death occur, in Damage means not only loss but also
order to determine what crime/crimes diminution of what is a man’s own. Thus,
was/were perpetrated – whether arson, murder, damage to another’s house includes defacing it.
or arson and homicide/murder, it is de rigueur [People v Asido]
to ascertain the main objective of the
malefactor:
422
ARTICLE 328 - SPECIAL CASES OF Q: What is the crime when, as a result of the
MALICIOUS MISCHIEF damage caused to railway, certain passengers
of the train are killed?
Special cases of malicious mischief: (qualified A: It depends. Art. 330 says “without prejudice
malicious mischief) to the criminal liability of the offender for other
(1) Causing damage to obstruct the consequences of his criminal act.”
performance of public functions
(2) Using any poisonous or corrosive substance If there is no intent to kill, the crime is
(3) Spreading infection or contagion among “damages to means of communication” with
cattle homicide because of the first paragraph of Art.
(4) Causing damage to property of the 4 and Art. 48.
National Museum or National Library, or to
any archive or registry, waterworks, road, If there is intent to kill, and damaging the
promenade, or any other thing used in railways was the means to accomplish the
common by the public. criminal purpose, the crime is murder
ARTICLE 329 - OTHER MISCHIEFS ARTICLE 331 – DESTROYING OR

DAMAGING STATUES, PUBLIC
Other mischiefs not included in Art. 328 are MONUMENTS OR PAINTINGS
punished based on value of the damage caused.
Acts punished:
If the amount involved cannot be estimated, the (1) Destroying or damaging statues or any
penalty of arresto menor or fine not exceeding other useful or ornamental public
P200 is fixed by law. monument
(2) Destroying or damaging any useful or
When several persons scattered coconut ornamental painting of a public nature.
remnants which contained human excrement
on the stairs and floor of the municipal building, The penalty is lower if the thing destroyed is a
including its interior, the crime committed is public painting, rather than a public monument.
malicious mischief under Art. 329. [People v
Dumlao] CHAPTER 10: EXEMPTION FROM
CRIMINAL LIABILITY
ARTICLE 330 - DAMAGE AND
OBSTRUCTION TO MEANS OF ARTICLE 332 - EXEMPTION FROM
COMMUNICATION CRIMINAL LIABILITY IN CRIMES AGAINST
PROPERTY
Committed by damaging any railway, telegraph,
or telephone lines. If the damage shall result in Crimes involved in the exemption:
any derailment of cars, collision, or other (1) Theft
accident, a higher penalty shall be imposed. (2) Swindling (estafa)
(Qualifying Circumstance) (3) Malicious mischief
Telegraph/phone lines must pertain to railways. If the crime is robbery, exemption does not lie.
423
Persons exempt from criminal liability: (7) Art. 340: Corruption of minors
(1) Spouses, ascendants and descendants, or (8) Art. 341: White Slave Trade
relatives by affinity in the same line. (9) Art. 342: Forcible Abduction
(2) The widowed spouse with respect to the (10) Art. 343: Consented Abduction
property which belonged to the deceased (11) Art. 344: Prosecution of the crimes of
spouse before the same passed into the Adultery
possession of another. (12) Art. 345: Civil Liability
(3) Brothers and sisters and brothers-in-law (13) Art. 346: Liability of ascendants, guardians,
and sisters-in-law, if living together. teachers, or other persons entrusted with
custody of the offended party
The law recognizes the presumed co-ownership
of the property between the offender and the ARTICLE 333 - ADULTERY
offended party. There is no criminal, but only
civil liability. Elements:
(a) The woman is married;
Art. 332 does not apply to a stranger who (b) She has sexual intercourse with a man not
participates in the commission of the crime. her husband;
(c) As regards the man with whom she has
Stepfather and stepmother are included as sexual intercourse: he knows her to be
ascendants by affinity. [People v Alvarez; People married.
v Adame]
LEGENDS:
Guevarra: An adopted or natural child should H – husband; W – wife; M - marriage
also be considered as included in the term Offenders: Married woman and/or the man who
“descendants” and a concubine or paramour has carnal knowledge of her, knowing her to be
within the term “spouses”. married, even if the M be subsequently declared
void. It is not necessary that there be a valid M
Art. 332 also applies to common-law spouses. (i.e. void ab initio)
[Art. 144, CC; People v Constantino]
Essence of adultery: violation of the marital vow
See again: RA 9372: Human Security Act on Gist of the crime: the danger of introducing
Punishable Acts of Terrorism, supra spurious heirs into the family, where the rights
of the real heirs may be impaired and a man
Title XI. Crimes against may be charged with the maintenance of a
family not his own. (US v. Mata)
Chastity The offended party must be legally married to
the offender at the time of the filing of the
(1) Art. 333: Adultery
complaint, even if the marriage be subsequently
(2) Art. 334: Concubinage
declared void.
(3) Art. 336: Acts of Lasciviousness
(4) Art. 337: Qualified Seduction
Each sexual intercourse constitutes a crime of
(5) Art. 338: Simple Seduction
adultery.
(6) Art. 339: Acts of Lasciviousness with the
consent of the offended party
424
Abandonment without justification is not

exempting, but only mitigating. Both Effect of consent:
defendants are entitled to this mitigating The husband, knowing that his wife, after
circumstance. serving sentence for adultery, resumed living
with her co-defendant, did nothing to interfere
The man, to be guilty of adultery, must have with their relations or to assert his rights as
knowledge of the married status of the woman. husband. The second charge of adultery should
be dismissed because of consent. [People v.
A married man who is not liable for adultery, Sensano and Ramos]
because he did not know that the woman is
married, may be held liable for concubinage. Agreement to separate may be used as evidence
to show consent by the husband to the infidelity
Acquittal of one of the defendants does not of his wife.
operate as a cause of acquittal of the other.
Effect of death of paramour: Offending wife may
Under the law, there is no accomplice in still be prosecuted. The requirement that both
adultery. offenders should be included in the complaint is
absolute only when the two offenders are alive.
Direct proof of carnal knowledge is not
necessary. Circumstantial evidence is sufficient. Effect of death of offended party: The
(i.e. love letters signed by the paramour, photos proceedings may continue. Art. 353 seeks to
showing intimate relations, testimony of protect the honor and reputation not only of the
witnesses) living but of dead persons as well.
Pardon by the H does not exempt the ARTICLE 334 - CONCUBINAGE

adulterous W and her paramour from criminal
liability for adulterous acts committed Elements:
subsequent to such pardon, because the pardon (1) The man is married;
refers to previous and not to subsequent (2) He is either:
adulterous acts (a) keeping a mistress in the conjugal
dwelling;
(b) Having sexual intercourse under
Effect of Pardon - applies to Concubinage as well: scandalous circumstance with a
(1) The pardon must come before the woman not his wife;
institution of the criminal prosecution; and (c) Cohabiting with her in any other place;
(2) Both the offenders must be pardoned by the (3) As regards the woman, she knows him to be
offended party. Act of sexual intercourse married.
subsequent to adulterous conduct is
considered as an implied pardon. Offenders: married man and the woman who
(3) Pardon of the offenders by the offended knows him to be married.
party is a bar to prosecution for adultery or
concubinage. The woman only becomes liable if she knew him
(4) Delay in the filing of complaint, if to be married prior to the commission of the
satisfactorily explained, does not indicate crime.
pardon.
425
In the 3rd way of committing the crime, mere occasion to the neighbors’ spiritual damage or
cohabitation is sufficient; Proof of scandalous ruin. [People v. Santos]
circumstances not necessary. [People v. Pitoc, et.
al.] It is only when the mistress is kept elsewhere
(outside the conjugal dwelling) that
A married man is not liable for concubinage for “scandalous circumstances” become an
mere sexual relations with a woman not his wife. element of the crime. [US v. Macabagbag]
A man would only be guilty of concubinage if he
appeared to be guilty of any of the acts Qualifying expression: Sexual act which may be
punished in Art. 334. proved by circumstantial evidence
A married man who is not liable for adultery Scandal produced by the concubinage of H:
because he did not know that the woman was (1) H and mistress live in the same room of a
married, may be held liable for concubinage. If house
the woman knew that the man was married, she (2) They appear together in public,
may be held liable for concubinage as well. (3) Perform acts in sight of the community
which give rise to criticism and general
Mistress – a woman taken by the accused to live protest among the neighbors.
with him in the conjugal dwelling as his
mistress/concubine. [People v. Bacon and People When spies are employed for the purpose of
v. Hilao] watching the conduct of the accused and it
appearing that none of the people living in the
Keeping a mistress in the conjugal dwelling – no vicinity has observed any suspicious conduct,
positive proof of sexual intercourse is necessary there is no evidence of scandalous
circumstances. [US v. Campos Rueda]
Conjugal Dwelling – the home of the H and the
W even if the wife appears to be temporarily Reason: Adultery is punished more severely
absent on any account. than concubinage because adultery makes
possible the introduction of another man’s
The dwelling of the spouses was constructed offspring into the family so that the offended H
from the proceeds of the sale of their conjugal may have another man’s son bearing H’s name
properties. and receiving support from him.
The fact that W never had a chance to reside
therein and that H used it with his mistress ARTICLE 336 - ACTS OF LASCIVIOUSNESS
instead, does not detract from its nature.
[People v. Cordova (1959)] Elements:
(a) The offender commits any act of
Cohabit – to dwell together as H and W for a lasciviousness or lewdness;
period of time (i.e. A week, a month, year or (b) The act is committed against a person of
longer) either sex;
(c) It is done under any of the ff.
Scandalous circumstances – Scandal consists in circumstances:
any reprehensible word or deed that offends (1) By using force or intimidation; or
public conscience, redounds to the detriment of (2) When the offended party is deprived of
the feelings of honest persons, and gives reason or otherwise unconscious;
426
(3) By means of fraudulent machination force. offense of grave

or grave abuse of authority coercion.
(4) When the offended party is under 12
years of age or is demented. Must be accompanied Moral compulsion
by acts of amounting to
Lewd – obscene, lustful, indecent, lecherous; lasciviousness or intimidation is
signifies form of immorality which has relation lewdness. sufficient.
to moral impurity or that which is carried in
wanton manner
Acts of Lasciviousness v. Attempted Rape
Motive of lascivious acts is not important Acts of Lasciviousness Attempted Rape
because the essence of lewdness is in the very Same means of
act itself. committing the crime:
(1) Force, threat, or
Example: If the kissing etc. was done inside intimidation is
church (which is a public place), absence of employed; or
lewd designs may be proven, and the crime is (2) By means of
unjust vexation only. But if the kissing was done fraudulent
in the house of a woman when she was alone, machination or grave
the circumstances may prove the accused’s abuse of authority; or
lewd designs. (3) The offended party
is deprived of reason or
Absent any of the circumstances of rape under otherwise unconscious;
the 3rd element, the crime is UNJUST VEXATION. or
(e.g. touching of breast) (4) Victim is under 12
yrs. of age or is
Lascivious intent is implied from the nature of demented
the act and the surrounding circumstances.
Offended party is a
Consider the act and the environment to person of either sex.
distinguish between Acts of Lasciviousness and The performance of
Attempted Rape. Desistance in the commission acts of lascivious
of attempted rape may constitute acts of character
lasciviousness.
Acts performed do not Acts performed clearly
indicate that the indicate that the
No attempted and frustrated acts of
accused was to lie w/ accused’s purpose was
lasciviousness.
the offended party. to lie w/ the offended
woman.
Acts of Lasciviousness v. Grave Coercion Lascivious acts are the Lascivious acts are
final objective sought only the preparatory
Acts of Lasciviousness Grave Coercion by the offender. acts to the commission
Compulsion or force is Compulsion or force is of rape.
included in the the very act
constructive element of constituting the
427
Abuses against chastity (Art. 245) v Acts of to the elements of acts of lasciviousness are as
lasciviousness (Art. 336) follows:
Offenses against Abuses against (1) The accused commits the act of sexual
Chastity Chastity intercourse or lascivious conduct.
(2) The said act is performed with a child
Committed by a private Committed by a public exploited in prostitution or subjected to
individual, in most officer only other sexual abuse.
cases (3) The child, whether male or female, is below
Some act of Mere immoral or 18 years of age. [Navarrete vs. People
lasciviousness should indecent proposal (2007)]
have been executed by made earnestly and
the offender. persistently is “Lascivious conduct” is defined under Section 2
sufficient. (h) of the rules and regulations of RA 7610 as:
(1) The intentional touching, either directly or
The accused followed the victim, held her, through clothing, of the genitalia, anus,
embraced her, tore her dress, and tried to touch groin, breast, inner thigh, or buttocks, OR
her breast. When a complaint for acts of the introduction of any object into the
lasciviousness was filed against him, accused genitalia, anus or mouth, of any person,
claimed that he had no intention of having (2) whether of the same or opposite sex,
sexual intercourse with her and that he did the (3) with an intent to abuse, humiliate, harass,
acts only as revenge. TC found the accused degrade, or arouse or gratify the sexual
guilty of FRUSTRATED ACTS OF desire of any person,
LASCIVIOUSNESS. SC held that there is no (4) bestiality, masturbation, lascivious
frustrated crime against chastity which includes exhibition of the genitals or pubic area of a
acts of lasciviousness, adultery, and rape. person
[People v. Famularcano]
Comparison with art. 366, RPC
From the moment the offender performs all the Acts of lasciviousness is punished under RA
elements necessary for the existence of the 7610 when performed on a child below 18 years
felony, he actually attains his purpose. of age exploited in prostitution or subjected to
other sexual abuse.
Motive of revenge is of no consequence since
the element of lewdness is in the very act itself. See discussion above for other acts of abuse
Example: Compelling a girl to dance naked
before a man is an act of lasciviousness, even if The sweetheart theory applies in acts of
the dominant motive is revenge, for her failure lasciviousness and rape, felonies committed
to pay a debt. against or without the consent of the victim. It
operates on the theory that the sexual act was
consensual. It requires proof that the accused
TWO KINDS OF SEDUCTION:
and the victim were lovers and that she
(1) Qualified seduction (Art. 337)
consented to the sexual relations.
(2) Simple seduction (Art. 338)
For purposes of sexual intercourse and
“Lascivious Conduct” under RA 7610
lascivious conduct in child abuse cases under
The elements of sexual abuse under Section 5
RA 7610, the sweetheart defense is
(b) of RA 7610 that must be proven in addition
428
unacceptable. A child exploited in prostitution

or subjected to other sexual abuse cannot Virgin - a woman of chaste character and of
validly give consent to sexual intercourse with good reputation. The offended party need not
another person. [Malto v. People (2007)] be physically a virgin.
ARTICLE 337 - QUALIFIED SEDUCTION If there is no sexual intercourse and only acts of
lewdness are performed, the crime is acts of
Seduction - enticing a woman to unlawful lasciviousness. If any of the circumstances in the
sexual intercourse by promise of marriage or crime of rape is present, the crime is not to be
other means of persuasion without use of force. punished under Art. 337.
It applies when there is abuse of authority
(qualified seduction) or deceit (simple The accused charged with rape cannot be
seduction). convicted of qualified seduction under the same
information.
Two classes of Qualified Seduction and their

elements: Offenders in Qualified Seduction:
(1) Seduction of a virgin over 12 years and (1) Those who abused their authority:
under 18 years of age by certain persons (a) Person in public authority;
such as, a person in authority, priest, (b) Guardian;
teacher or any person who, in any capacity (c) Teacher;
shall be entrusted with the education or (2) Person who, in any capacity, is entrusted
custody of the woman seduced. with the education or custody of the
woman seduced.
Elements: (a) Those who abused confidence reposed
(a) Offended party is a virgin, which is in them:
presumed if she is unmarried and of good (b) Priest;
reputation; (c) House servant;
(b) She is over 12 and under 18 yrs. of age; (d) Domestic
(13-17 years 11 months 29 days) (3) Those who abused their relationship:
(c) Offender has sexual intercourse with her; (a) Brother who seduced his sister;
(d) There is abuse of authority, confidence, or (b) Ascendant who seduced his
relationship on the part of the offender. descendant.
(3) Seduction of a sister by her brother, or “Domestic” - a person usually living under the
descendant by her ascendant, regardless same roof, pertaining to the same house.
of her age or reputation.
Not necessary that the offender be the teacher
Elements of the offended party; it is sufficient that he is a
(a) Offended party need not be a virgin or she teacher in the same school.
may be over 18 years old
(b) Offender has sexual intercourse with her Qualified seduction may also be committed by a
(c) Offender is her brother or ascendant by master to his servant, or a head of the family to
consanguinity, whether legitimate or any of its members.
illegitimate.
429
Qualified seduction of a sister or descendant, charge of Consented Abduction. Mendoza then

also known as INCEST, is punished by a penalty filed a complaint for Qualified Seduction. Perez
next higher in degree. moved to dismiss the case on the grounds of
double jeopardy.
The age, reputation, or virginity of the sister or
descendant is irrelevant. The relationship need HELD: There are similar elements between
not be legitimate. consented abduction and qualified seduction,
namely:
A 15-year old virgin, who was brought by her (1) the offended party is a virgin, and
mother to the house of the accused and his wife (2) over 12 but under 18 yrs. of age
to serve as a helper, repeatedly yielded to the
carnal desires of the accused, as she was However, an acquittal for CONSENTED
induced by his promises of marriage and ABDUCTION will not preclude the filing of a
frightened by his acts of intimidation. charge for QUALIFIED SEDUCTION because the
elements of the two crimes are different. [Perez
HELD: DECEIT, although an essential element v. CA]
of ordinary or simple seduction, does not need
to be proved or established in a charge of NOTE: The fact that the girl gave consent to the
qualified seduction. It is replaced by ABUSE OF sexual intercourse is not a defense.
CONFIDENCE. [People v. Fontanilla]
ARTICLE 338 - SIMPLE SEDUCTION
The accused, a policeman, brought a 13-year old
girl with low mentality, to the ABC Hall where Elements:
he succeeded in having sexual intercourse with (a) Offended party is over 12 and under 18 years
her. The complaint did not allege that the girl of age;
was a virgin. The accused was charged with (b) She is of good reputation, single or widow;
RAPE but convicted of QUALIFIED SEDUCTION. (c) Offender has sexual intercourse with her;
(d) It is committed by means of deceit.
HELD: Though it is true that virginity is
presumed if the girl is over 12 but under 18, Purpose of the law - To punish the seducer who
unmarried and of good reputation, virginity is by means of promise of marriage, destroys the
still an essential element of the crime of chastity of an unmarried female of previous
qualified seduction and must be alleged in the chaste character
complaint. Accused is guilty of RAPE,
considering the victim’s age, mental Virginity of offended party is not essential, good
abnormality and deficiency. There was also reputation is sufficient.
intimidation with the accused wearing his
uniform. [Babanto v. Zosa] Virginity of offended party is not required.
Perez succeeded in having sexual intercourse Deceit generally takes the form of unfulfilled
with Mendoza after he promised to marry her. promise of marriage.
As he did not make good on said promise, Promise of marriage must be the inducement
Mendoza filed a complaint for Consented and the woman must yield because of the
Abduction. Trial Court found that the acts promise or other inducement.
constituted seduction, acquitting him on the
430
What about unfulfilled promise of material things, circumstances w/c, circumstances w/c, had
as when the woman agrees to sexual intercourse had there been carnal there been carnal
in exchange for jewelry? This is not seduction knowledge, would knowledge, would
because she is a woman of loose morals. amount to rape amount to either
qualified or simple
Promise of marriage after sexual intercourse seduction
does not constitute deceit. Promise of marriage
by a married man is not a deceit, if the woman Offended party is a Offended party should
knew him to be married. female or male only be female
Seduction is not a continuing offense. ARTICLE 340 - CORRUPTION OF MINORS
ARTICLE 339 - ACTS OF LASCIVIOUSNESS Elements:

(a) Offender promotes or facilitates the
WITH THE CONSENT OF THE OFFENDED
prostitution or corruption of persons under
PARTY
age (minors),
Elements: (b) Purpose is to satisfy the lust of another
(a) Offender commits acts of lasciviousness or
lewdness; Habituality or abuse of authority or confidence
(b) The acts are committed upon a woman is not necessary.
who is a virgin or single or widow of good
reputation, under 18 yrs. of age but over 12 It is not necessary that the unchaste acts shall
yrs., or a sister or descendant, regardless of have been done.
her reputation or age;
(c) The offender accomplishes the acts by Mere proposal will consummate the offense.
abuse of authority, confidence, relationship,
or deceit. The victim must be of good reputation, not a
prostitute or corrupted person.
It is necessary that it be committed under
circumstances which would make it qualified or There is a crime of Attempted Child Prostitution.
simple seduction had there been sexual (Sec. 6, RA 7610)
intercourse, instead of acts of lewdness only. See again: RA 7610: Special Protection of
Children against Child Abuse, Exploitation and
When the victim is under 12 yrs., the penalty Discrimination (supra)
shall be one degree higher than that imposed
by law. (sec. 10 of R.A. 7610) ARTICLE 341 - WHITE SLAVE TRADE
Acts punishable:
Males cannot be the offended party.
(1) Engaging in business of prostitution
(2) Profiting by prostitution
(3) Enlisting the services of women for the
purpose of prostitution.
Acts of Lasciviousness Acts of Lasciviousness Habituality is not a necessary element of white
(Art. 336) with consent (Art. 339) slave trade.
Committed under Committed under
431
‘Under any pretext’ – one who engaged the Crimes against chastity where age and reputation
services of a woman allegedly as a maid, but in are immaterial:
reality for prostitution, is guilty under this article. (1) Acts of lasciviousness against the will or
without the consent of the offended party
Victim is under 12 yrs., penalty shall be one (2) Qualified seduction of sister or descendant
degree higher. (3) Forcible abduction
Offender need not be the owner of the house. The taking away of the woman must be against
her will.
Maintainer or manager of house of ill-repute
need not be present therein at the time of raid The taking away of the woman may be
or arrest. accomplished by means of deceit first and then
by means of violence and intimidation.
Corruption of Minors White Slave Trade
If the female abducted is under 12, the crime is
Minority of victims Minority is not required forcible abduction, even if she voluntarily goes
essential with her abductor.
Victims may be male or Applies only to
female females When the victim was abducted by the accused
without lewd designs, but for the purpose of
May not necessarily be Generally for profit
lending her to illicit intercourse with others, the
for profit
crime is not abduction but corruption of minors.
Committed by a single Generally committed
act habitually Rape may absorb forcible abduction, if the main
objective was to rape the victim.
TWO KINDS OF ABDUCTION:
Sexual intercourse is not necessary in forcible
(1) Forcible abduction (Art. 342)
abduction.
(2) Consented abduction (Art. 343)
Lewd designs may be shown by the conduct of

ARTICLE 342 - FORCIBLE ABDUCTION
the accused. When there are several defendants,
Elements: it is enough that one of them had lewd designs.
(a) The person abducted is any woman, Husband is not liable for abduction of his wife,
regardless of her age, civil status or as lewd design is wanting.
reputation;
(b) The abduction is against her will; Attempt to rape is absorbed in the crime of
(c) The abduction is with lewd designs. forcible abduction, thus there is no complex
crime of forcible abduction with attempted rape.
Abduction – the taking away of a woman from
her house or the place where she may be for the Nature of the crime - The act of the offender is
purpose of carrying her to another place with violative of the individual liberty of the abducted,
the intent to marry or to corrupt her. her honor and reputation, and public order.
432
Forcible Abduction Grave Coercion HELD: The elements of both rape and forcible
abduction are proven. The presence of lewd
There is violence or designs in forcible abduction is manifested by
intimidation by the the subsequent rape of the victim. [People v.
offender. Sunpongco]
The offended party is
compelled to do Maggie was abducted and brought to a hotel,
something against where the 4 accused took turns in raping her.
her will.
HELD: While the first act of rape was being
Abduction is No lewd design,
performed, the crime of forcible abduction had
characterized by provided that there is no
already been consummated, hence, forcible
lewd design. deprivation of liberty for
abduction can only be attached to the first act
an appreciable length of
of rape, detached from the 3 subsequent acts of
time.
rape. The effect therefore would be one count of
forcible abduction with rape and 4 counts of
Forcible Abduction Corruption of Minors rape for each of the accused. [People v. Jose]
Purpose is to effect Purpose is to lend the
The accused and 2 other men raped the victim.
his lewd designs on victim to illicit
The victim was a jeepney passenger who was
the victim. intercourse with others.
prevented from leaving the jeepney. She was
taken to a remote place where she was raped.
Forcible Abduction Serious Illegal Detention
HELD: The accused is guilty of FORCIBLE
There is deprivation of There is deprivation of
ABDUCTION WITH RAPE. It was proven that the
liberty and lewd liberty and no lewd
victim was taken against her will and with lewd
designs. designs
design, and was subsequently forced to submit
to the accused’s lust, rendering her unconscious
Kidnapping in the process. [People v. Alburo]
Forcible Abduction with Rape
with rape
The violent taking of the Not so There can only be one complex crime of forcible
woman is motivated by lewd motivated abduction with rape.
designs.
The victim witnessed the killing of another by
Crime against chastity Crime against the 2 accused. Upon seeing her, the accused
liberty dragged her to a vacant lot where they took
turns in raping her. TC convicted them of rape.
Forcible Abduction with Rape - a complex crime
under Art. 48, and not a special complex crime HELD: FORCIBLE ABDUCTION is absorbed in
the crime of RAPE if the main objective is to
The victim was abducted by the accused and rape the victim. Conviction of acts of
was brought to a hotel where the latter lasciviousness is not a bar to conviction of
succeeded in having sexual intercourse with her. forcible abduction. [People v. Godines]
433
ARTICLE 343 - CONSENTED ABDUCTION The court motu proprio can dismiss the case for
failure of the aggrieved party to file the proper
Elements: complaint even if the accused never raised the
(a) Offended party is a virgin; question on appeal.
(b) She is over 12 and under 18 yrs. of age;
(c) Offender takes her away with her consent, Crimes against chastity cannot be prosecuted
after solicitation or cajolery from the de oficio.
offender;
(d) The taking away is with lewd designs.
ADULTERY AND CONCUBINAGE
Purpose of the law - Not to punish the wrong
done to the girl because she consents to it, but Who may file the complaint: Adultery and
to prescribe punishment for the disgrace to her Concubinage must be prosecuted upon
family and the alarm caused by the complaint signed by the offended spouse.
disappearance of one who is, by her age and sex,
susceptible to cajolery and deceit. The offended party cannot institute criminal
prosecution without including BOTH the guilty
If the virgin is under 12 or is deprived of reason, parties if they are alive. Both parties must be
the crime is forcible abduction because such is included in the complaint even if one of them is
incapable of giving a valid consent. not guilty.
The taking away of the girl need not be with Consent and pardon bar the filing of a criminal
some character of permanence. Offended party complaint.
need not be taken from her house.
The imputation of a crime of prostitution
When there was no solicitation or cajolery and against a woman can be prosecuted de oficio,
no deceit and the girl voluntarily went with the but crimes against chastity cannot.
man, there is no crime committed even if they
had sexual intercourse. Prosecution of rape may be made upon
complaint by any person.
ARTICLE 344 - PROSECUTION OF
PRIVATE OFFENSES Effect of Pardon:
(1) Adultery (1) Effect of Pardon in Adultery applies also to
(2) Concubinage Concubinage
(3) Seduction (2) Condonation or forgiveness of one act of
(4) Abduction adultery or concubinage is not a bar to
(5) Acts of lasciviousness prosecution of similar acts that may be
committed by the offender in the future.
Nature of the complaint: The complaint must be Consent:
filed in court, not with the fiscal. In case of (1) May be express or implied
complex crimes, where one of the component (2) Given before the adultery or
offenses is a public crime, the criminal concubinage was committed
prosecution may be instituted by the fiscal. (3) Agreement to live separately may
be evidence of consent.
434
(4) Affidavit showing consent may be a (4) Pardon by the offended party who is a
basis for new trial. minor must have the concurrence of
parents, EXCEPT when the offended party
SEDUCTION, ABDUCTION, ACTS OF has no parents.
LASCIVIOUSNESS
Rape complexed with another crime against
Seduction, abduction, or acts of lasciviousness chastity need NOT be signed by the offended
must be prosecuted upon complaint signed by— woman, since rape is a public crime. When the
(1) Offended party - When the offended evidence fails to prove a complex crime of rape
party is a minor, her parents may with another crime, and there is no complaint
file the complaint. signed by the offended woman, the accused
(2) When the offended party is of age CANNOT be convicted of rape.
and is in complete possession of her
mental and physical faculties, she Marriage of the offender with the offended party
alone can file the complaint. in seduction, abduction, acts of lasciviousness
(3) Parents, Grandparents or Guardian and rape, extinguishes criminal action or remits
in that order – the penalty already imposed.
When the offended is a minor or incapacitated Marriage (in cases of seduction, abduction, and
and refuses to file the complaint, any of the acts of lasciviousness) extinguishes the criminal
persons mentioned could file. action even as to co-principals, accomplices,
and accessories.
The term “guardian” refers to legal guardian.
He must be legally appointed by the Court. Marriage must be entered into in good faith.
The State may also file the complaint as parens Marriage may take place AFTER criminal
patriae when the offended party dies or proceedings have commenced, or even after
becomes incapacitated before she could file the conviction (extinguishes criminal action and
complaint and has no known parents, remits penalty).
grandparents, or guardians
ARTICLE 345: CIVIL LIABILITY OF
Effect of Pardon: PERSONS GUILTY OF CRIMES AGAINST
(1) Offended party cannot institute criminal CHASTITY
proceedings if the offender has been
EXPRESSLY pardoned by the offended Those guilty of rape, seduction or abduction:
party, or her parents, grandparents or (1) Indemnify the offended woman
guardian. (2) Acknowledge the offspring, unless the law
(2) Pardon by the parent, grandparent, or should prevent him from doing so
guardian must be accompanied by the (3) In every case to support the offspring,
express pardon of the offended woman. EXCEPT:
(3) The right to file action of the parents, (a) in cases of adultery and concubinage
grandparents and guardian shall be (b) where either of the offended party or
EXCLUSIVE of other persons and shall be accused is married
exercised successively in the order provided. (c) when paternity cannot be determined,
such as in multiple rape
435
(d) other instances where the law prevents SPECIAL LAWS

such
RA 9995: ANTI-PHOTO AND VIDEO
The adulterer and the concubine can be VOYEURISM ACT OF 2009
sentenced only to indemnify for damages Punishable Acts
caused to the offended spouse. Section 4. Prohibited Acts. - It is hereby
Acknowledgment of offsrpring is not legally prohibited and declared unlawful for any
possible, because only children born of parents person:
who could marry at the time of conception may (e) To take photo or video coverage of a person
be acknowledged. Support of the offspring is or group of persons performing sexual act
also not included, because the person who gives or any similar activity or to capture an
birth is one of the offenders. image of the private area of a person/s
such as the naked or undergarment clad
In rape of a married woman, only indemnity is genitals, public area, buttocks or female
allowed. breast without the consent of the person/s
involved and under circumstances in which
ARTICLE 346 – LIABILITY OF the person/s has/have a reasonable
ASCENDANTS, GUARDIANS, TEACHERS expectation of privacy;
AND OTHER PERSONS ENTRUSTED WITH (f) To copy or reproduce, or to cause to be
THE CUSTODY OF THE OFFENDED PARTY copied or reproduced, such photo or video
or recording of sexual act or any similar
(5) Persons who cooperate as accomplices but activity with or without consideration;
are punished as principals in rape, (g) To sell or distribute, or cause to be sold or
seduction, abduction, etc. distributed, such photo or video or
(e) Ascendants recording of sexual act, whether it be the
(f) Guardians original copy or reproduction thereof; or
(g) Curators (h) To publish or broadcast, or cause to be
(h) Teachers, and published or broadcast, whether in print or
(6) any other person, who cooperate as broadcast media, or show or exhibit the
accomplice with abuse of authority or photo or video coverage or recordings of
confidential relationship such sexual act or any similar activity
(7) The teachers or persons entrusted with through VCD/DVD, internet, cellular
education and guidance of the youth shall phones and other similar means or device.
also be penalized with disqualification.
(8) Any person falling within the terms of this See again: RA 9208: Anti-Trafficking in Persons
article, and any other person guilty of Act of 2003: Punishable acts (supra)
corruption of minors for the benefit of See again: RA 9262 Anti-Violence Against
another, shall be punished by special Women and Their Children Act of 2004:
disqualification from filling the office of Punishable acts (supra)
guardian.
436
Title XII. Crimes against Simulation of birth

Takes place when the woman pretends to be
the Civil Status of pregnant when in fact she is not, and on the day
of the supposed delivery, takes the child of
Persons another as her own.
The simulation of birth which is a crime is that

Chapter I: Simulation of Births and Usurpation
which alters the civil status of a person.
of Civil Status
(1) Art 347: Simulation of births, substitution of
The fact that the child will be benefited by the
one child for another and concealment or
simulation of its birth is not a defense.
abandonment of a legitimate child
(2) Art 348: Usurpation of civil status
Substitution of one child for another
Chapter II: Illegal Marriages This is committed when a child of a couple is
(1) Art 349: Bigamy exchanged with a child of another couple
(2) Art 350: Marriage contracted against without the knowledge of the respective parents.
provisions of law
(3) Art 351: Premature marriages The substitution can also happen by placing a
(4) Art 352: Performance of illegal marriage live child of a woman in place of another’s dead
ceremony child.
CHAPTER I: SIMULATION OF BIRTHS Concealing or abandoning any legitimate child

AND USURPATION OF CIVIL STATUS Requisites:
(4) The child must be legitimate
(5) The offender conceals or abandons such
ARTICLE 347 - SIMULATION OF BIRTHS,
child; and
(6) The offender has the intent to cause such
ANOTHER, AND CONCEALMENT OR child to lose its civil status.
The unlawful sale of a child by his father is not a
Mode 1. Simulation of births; crime under this article.
Mode 2. Substitution of one child for another; “Abandon” as used in Art. 347 - The practice of
abandoning newly born infants and very young
Mode 3. Concealing or abandoning any child at the door of hospitals and churches.
legitimate child with intent to cause such child
to lose its civil status.
Art. 347 Art. 246
The object of the crime under Art. 347 is the Offender: Any person Offender: The one who
creation of false, or the causing of loss of, civil has the custody of the
status. child
Purpose: To cause Purpose: To avoid
the child to lose his obligation of rearing and
civil status. caring for the child.
437
A physician or surgeon or public officer, who Good faith is a defense in bigamy.

cooperates in the execution of these crimes, is
also liable if he acts in violation of the duties of Failure to exercise due diligence to ascertain the
his profession or office. whereabouts of the first wife is bigamy through
reckless imprudence.
STATUS One who contracted a subsequent marriage
before the declaration of presumptive death of
This crime is committed when a person the absent spouse is guilty of bigamy.
represents himself to be another and assumes
the filiation or the parental or conjugal rights of The second marriage must have all the
such another person. essential requisites for validity.
Usurpation of profession may be punished One convicted of bigamy may also be

under Art. 348. prosecuted for concubinage as both are distinct
offenses. The first is an offense against civil
There must be an intent to enjoy the rights status, which may be prosecuted at the instance
arising from the civil status of another. of the state; the second is an offense against
chastity, and may be prosecuted only at the
The purpose of defrauding the offended party or instance of the offended party.
his heirs qualifies the crime.
The test is not whether the defendant has
CHAPTER II: ILLEGAL MARRIAGES already been tried for the same act, but whether
he has been put in jeopardy for the same
offense.
ARTICLE 349 – BIGAMY
Elements: The second spouse is not necessarily liable for

(a) Offender has been legally married; bigamy.
(b) The marriage has not been legally Whether the second spouse should be included
dissolved or, in case his or her spouse is in the information is a question of fact that was
absent, the absent spouse could not yet be to be determined by the fiscal who conducted
presumed dead according to the Civil Code the preliminary investigation. (People v.
(c) He contracts a second or subsequent Nepomuceno, Jr., 64 SCRA 518)
marriage
(d) The second or subsequent marriage has all The second husband or wife who knew of first
the essential requisites for validity. marriage is an accomplice.
The first marriage must be valid. The witness who falsely vouched for the
capacity of either of the contracting parties is
Nullity of marriage, not a defense in bigamy. also an accomplice.
The fact that the first marriage is void from the
beginning is not a defense. As with voidable Bigamy is not a private crime.
marriage, there must be a judicial declaration of
nullity of marriage before contracting the
second marriage.
438
Jurisprudence
The subsequent judicial declaration of the
In Marbella-Bobis v. Bobis, we laid down the nullity of the first marriage was immaterial
elements of bigamy thus: because prior to the declaration of nullity, the
(1) The offender has been legally married; crime had already been consummated.
(2) The first marriage has not been legally Moreover, petitioner's assertion would only
dissolved, or in case his or her spouse is delay the prosecution of bigamy cases
absent, the absent spouse has not been considering that an accused could simply file a
judicially declared presumptively dead; petition to declare his previous marriage void
(3) He contracts a subsequent marriage; and and invoke the pendency of that action as a
(4) The subsequent marriage would have been prejudicial question in the criminal case. We
valid had it not been for the existence of the cannot allow that.
first.
The outcome of the civil case for annulment of
Applying the foregoing test to the instant case, petitioner's marriage to Narcisa had no bearing
we note that the trial court found that there was upon the determination of petitioner's
no actual marriage ceremony performed innocence or guilt in the criminal case for
between Lucio and Lucia by a solemnizing bigamy, because all that is required for the
officer. Instead, what transpired was a mere charge of bigamy to prosper is that the first
signing of the marriage contract by the two, marriage be subsisting at the time the second
without the presence of a solemnizing officer. marriage is contracted. Thus, under the law, a
marriage, even one which is void or voidable,
The first element of bigamy as a crime requires shall be deemed valid until declared otherwise
that the accused must have been legally in a judicial proceeding.
married. But in this case, legally speaking, the
petitioner was never married to Lucia Barrete. In this case, even if petitioner eventually
Thus, there is no first marriage to speak of. obtained a declaration that his first marriage
was void ab initio, the point is, both the first and
Under the principle of retroactivity of a marriage the second marriage were subsisting before the
being declared void ab initio, the two were first marriage was annulled. [Abunado v. People
never married “from the beginning.” The (2004)]
contract of marriage is null; it bears no legal
effect. A careful study of the disputed decision reveals
that respondent Judge had been less than
Taking this argument to its logical conclusion, circumspect in his study of the law and
for legal purposes, petitioner was not married to jurisprudence applicable to the bigamy case. In
Lucia at the time he contracted the marriage his comment, respondent Judge stated: “That
with Maria Jececha. The existence and the the accused married Manuel P. Diego in the
validity of the first marriage being an essential honest belief that she was free to do so by virtue
element of the crime of bigamy, it is but logical of the decree of divorce is a mistake of fact.”
that a conviction for said offense cannot be
sustained where there is no first marriage to This Court, in People v. Bitdu, carefully
speak of. The petitioner, must, perforce be distinguished between a mistake of fact, which
acquitted of the instant charge. [Lucio Morigo v. could be a basis for the defense of good faith in
People (2002)] a bigamy case, from a mistake of law, which
439
does not excuse a person, even a lay person, solemnized by one who is not authorized to
from liability. Bitdu held that even if the solemnize the same.
accused, who had obtained a divorce under the
Mohammedan custom, honestly believed that Conviction of a violation of Art. 350 involves a
in contracting her second marriage she was not crime of moral turpitude. (Villasanta v. Peralta)
committing any violation of the law, and that
she had no criminal intent, the same does not ARTICLE 351 - PREMATURE MARRIAGE
justify her act.
This provision has been repealed on 13 March
This Court further stated therein that with 2015 when President Benigno Aquino III signed
respect to the contention that the accused into law RA 10655. Said law reads: “Without
acted in good faith in contracting the second prejudice to the provisions of the Family Code
marriage, believing that she had been validly on paternity and filiation, Article 351 of the
divorced from her first husband, it is sufficient Revised Penal Code, punishing the crime of
to say that everyone is presumed to know the premature marriage committed by a woman, is
law, and the fact that one does not know that hereby repealed.”
his act constitutes a violation of the law does
not exempt him from the consequences thereof. The author of RA 10655 explained that the law
on premature marriages “is discriminatory for it
Moreover, squarely applicable to the criminal curtails the right of a woman to marry under the
case for bigamy, is People v. Schneckenburger, stated circumstances when no such penalty is
where it was held that the accused who secured imposed on the man who does the same.
a foreign divorce, and later remarried in the Similarly, the effect of the provision is an
Philippines, in the belief that the foreign divorce enforced mourning period on the part of the
was valid, is liable for bigamy. [Diego v. Castillo woman although none is imposed on the man.”
(2004)]
BEFORE REPEAL:
ARTICLE 350 - MARRIAGE CONTRACTED Persons liable:
AGAINST PROVISIONS OF LAWS (1) A widow who is married within 301 days
from the date of the death of her husband,
Elements: or before having delivered if she is
(1) Offender contracted marriage; pregnant at the time of his death;
(2) He knew at the time that – (2) A woman who, her marriage having been
(a) The requirements of the law were not annulled or dissolved, married before her
complied with; or delivery or before the expiration of the
(b) The marriage was in disregard of a period of 301 days after the date of the
legal impediment. legal separation.
Bigamy is a form of illegal marriage. The purpose of the law punishing premature
marriages is to prevent doubtful paternity.
Illegal marriage includes also such other (People v. Rosal, 49 Phil. 509)
marriages which are performed without
complying with the requirements of law, or
marriages where the consent of the other is
vitiated, or such marriage which was
440
ARTICLE 352 - PERFORMANCE OF (d) The imputation must be directed at a

ILLEGAL MARRIAGE CEREMONY natural or juridical person, or one who is
dead; and
PERSONS LIABLE: Priests or ministers of any (e) The imputation must tend to cause
religious denomination or sect, or civil dishonor, discredit or contempt of the
authorities who shall perform or authorize any offended party.
illegal marriage ceremony
Defamation is composed of:
The offender must be authorized to solemnize (1) Libel – written defamation
marriages. (2) Slander- oral defamation
(3) Slander by deed – defamation through acts
Title XIII. Crimes against Test of the defamatory character of words used:
Honor Whether they are calculated to induce the

hearers to suppose and understand that the
Chapter I: Libel person against whom they (i.e. the defamatory
(1) Art 353: Definition of Libel words) were uttered was guilty of certain
(2) Art 354: Privileged communication offenses; OR are sufficient to impeach his
(3) Art 355: Libel by means of writings or honesty, virtue or reputation, or to hold him up
similar means to public ridicule. (U.S. vs. O’Connell)
(4) Art 356: Threatening to publish and offer
to prevent such publication for a First element: There must be an imputation of a
compensation crime, a vice or defect, real or imaginary, OR
(5) Art. 357: Prohibited Publication of Acts any act, omission, condition, status, or
Referred to in the course of Official circumstance;
Proceedings
(6) Art 358: Slander Imputation of a criminal act may be implied
(7) Art 359: Slander by Deed from the acts and statements of the accused.
Chapter II: Incriminatory Machinations Imputation of criminal intention is not libelous.

(1) Art 363: Incriminating innocent person
(2) Art 364: Intriguing against honor An expression of opinion by one affected by the
act of another and based on actual fact is not
CHAPTER I LIBEL libelous.
ARTICLE 353 - DEFINITION OF LIBEL Second element: The imputation must be made
publicly.
Elements:
(a) There must be an imputation of– Publication: communication of the defamatory
(1) a crime, matter to some third person or persons. There is
(2) a vice or defect, real or imaginary, OR no crime if the defamatory imputation is not
(3) any act, omission, condition, status, or published.
circumstance;
(b) The imputation must be made publicly;
(c) It must be malicious;
441
Sending an unsealed libelous letter to the Fourth element: The imputation must be
offended party constitutes publication. [Magno directed at a natural or juridical person, or one
vs. People (2006)] who is dead.
In libel, publication means making the In order to maintain a libel suit, it is essential
defamatory matter, after it is written, known to that the victim be identifiable, although it is not
someone other than the person against whom it necessary that the person be named. It is
has been written. enough if by intrinsic reference the allusion is
apparent or if the publication contains matters
Petitioner’s subject letter-reply itself states that of description or reference to facts and
the same was copy furnished to all concerned. circumstances from which others reading the
Also, petitioner had dictated the letter to his article may know the person alluded to, or if the
secretary. It is enough that the author of the latter is pointed out by extraneous
libel complained of has communicated it to a circumstances so that those knowing such
third person. Furthermore, the letter, when person could and did understand that he was
found in the mailbox, was open, not contained the person referred to.
in an envelope thus, open to public. [Buatis vs.
People (2006)] Kunkle v. Cablenews-American and Lyons laid
the rule that this requirement is complied with
Third element: The publication must be where a third person recognized or could
malicious. identify the party vilified in the article. [People vs.
Ogie Diaz (2007)]
Malice in fact – may be shown by proof of ill-will,
hatred or purpose to injure. Defamatory remarks directed at a group of
persons is not actionable unless the statements
Malice in law – presumed from a defamatory are all-embracing or sufficiently specific for the
imputation. Proof of malice is not required. (Art. victim to be identifiable.
354, par.1)
Libel published in different places may be taken
But where the communication is privileged, together to establish the identification of the
malice is not presumed from the defamatory offended party.
words.
While it is true that a publication's libelous
Malice in law is not necessarily inconsistent with nature depends on its scope, spirit and motive
honest or laudable purpose. Even if the taken in their entirety, the article in question as
publication is injurious, the presumption of a whole explicitly makes mention of private
malice disappears upon proof of good complainant Rivera all throughout. It cannot be
intentions and justifiable motive. said that the article was a mere general
commentary on the alleged existing state of
But where malice in fact is present, justifiable affairs at the aforementioned public market.
motive cannot exist, and the imputations Rivera was not only specifically pointed out
become actionable. several times therein but was even tagged with
derogatory names. Indubitably, this name-
calling was, as correctly found by the two courts
442
below, directed at the very person of Rivera ARTICLE 354 - REQUIREMENT FOR
himself. [Figueroa vs. People (2006)] PUBLICITY
Fifth element: The imputation must tend to General rule: MALICE IS PRESUMED in every
cause dishonor, discredit or contempt of the defamatory imputation, even if it be true, if no
offended party. good intention and justifiable motive for making
it is shown.
Dishonor – disgrace, shame or ignominy
Discredit – loss of credit of reputation; Exceptions: In privileged communications,
disesteem namely:
Contempt – state of being despised (1) A private communication made by any
person to another in the performance of
For a statement to be considered malicious, it any legal, moral, or social duty;
must be shown that it was written or published (2) A fair and true report, made in good faith,
with the knowledge that they are false OR in without any comments or remarks, of
reckless disregard of WON they were false. (a) any judicial, legislative or other official
proceedings which are not of
Reckless disregard – the defendant entertains confidential nature, OR
serious doubt as to the truth of the publication, (b) any statement, report or speech
OR that he possesses a high degree of delivered in said proceedings, OR
awareness of their probable falsity. (c) any other act performed by public
officers in the exercise of their functions.
To avoid self-censorship that would necessarily
accompany strict liability for erroneous Defamatory remarks are PRESUMED malicious.
statements, rules governing liability for injury to The presumption of malice is REBUTTED, if it is
reputation are required to allow an adequate shown by the accused that – (see discussion of
margin of error by protecting some inaccuracies. Art. 361)
[Borjal v. CA (1999)] (1) The defamatory imputation is true, IN
CASE the law allows proof of the truth of
Fine preferred penalty in libel cases the imputation;
Administrative Circular No. 08-2008 stated the (2) It is published with good intention; AND
rule of preference of fine only rather than (3) There is justifiable motive for making it
imprisonment in libel cases, having in mind the
ff. principles: Privileged communication is NOT PRESUMED
1) The circular does not remove imprisonment malicious.
as an alternative penalty
2) Judges may, in the exercise of their discretion, Kinds of Privilege:
determine whether the imposition of fine alone ABSOLUTE QUALIFIED
would best serve the interest of justice.
NOT actionable. Narrow Actionable IF Malice
3) Should only a fine be imposed and the
and few: or Bad faith is
accused unable to pay the fine, there is no legal
(1) Privileged speeches in proven (malice in
obstacle to the application of the RPC on
Congress fact)
subsidiary imprisonment.
(2) Statements made in
judicial proceedings as Based on par 1 and 2
443
long as they are relevant of Art 354, although The rule is that a communication loses its
to the issue the list is not privileged character and is actionable on proof
(3) Military affairs exclusive of actual malice.
That the statement is a privileged

Art 354 does not cover absolute privilege
communication is a matter of defense. To
because character of communications
overcome the defense of privileged
mentioned therein is lost upon proof of malice
communication under par. 1 of Art. 354, it must
in fact.
be shown that:
1) The defendant acted with malice in fact; or
MALICE IN LAW MALICE IN FACT 2) There is no reasonable ground for believing
Presumed from To be proved by the charge to be true.
defamatory character of prosecution ONLY IF
statement malice in law has
Fair and true report of official proceedings
been rebutted
Official proceedings refer to proceedings of the
Statement is presented Can be negated by 3 branches of the government: judiciary,
to court, and the latter evidence of: legislative, and executive.
will decide whether it is (1) Good motives AND
defamatory or not Justifiable ends; or Requisites:
(2) Privileged (1) That it is a fair and true report of a judicial,
character legislative, or other official proceedings
which are not confidential in nature, or of a
Requisites of privileged communication under statement, report, or speech delivered in
par. 1 of art. 354: said proceedings, or of any other act
(1) That the person who made the performed by a public officer in the exercise
communication had a legal, moral or social of his functions.
duty to make the communication, or, at (2) That it is made in good faith; and
least, he had an interest to be upheld; (3) That it is without comments or remarks
(2) That the communication is addressed to an
officer or board, or superior, having some The communication must be pertinent and
interest or duty in the matter. material to the subject matter.
(3) That the statements in the communication
are made in good faith without malice in Doctrine of fair comment: Fair commentaries on
fact. matters of public interest are privileged and
constitute a valid defense in an action for libel
Applying to the wrong person due to honest or slander.
mistake does not take the case out of privilege.
(US v. Bustos) In order that a discreditable imputation to a
public official may be actionable, it must either
Unnecessary publicity destroys good faith. be:
(1) A false allegation of fact; OR
The privileged character simply does away with (2) A comment based on a false supposition.
the presumption of malice. [People v. Velasco (2000)]
444
PUBLIC FIGURE – one who, by his ARTICLE 356 - THREATENING TO

accomplishments, fame, mode of living, OR by PUBLISH AND OFFER TO PREVENT SUCH
adopting a profession or calling which gives the PUBLICATION FOR A COMPENSATION
public a legitimate interest in his doings, his
affairs and his character, has become a “public Acts Punished:
personage” [Ayer Productions v. Capulong (1) Threatening another to publish a libel
(1988)] concerning – him, his parents, spouse,
child or other members of his family
Based on the ruling in US v. Ocampo, proof of (2) Offering to prevent the publication of such
knowledge of and participation in the libel for compensation or money
publication of the offending article is not consideration.
required, if the accused has been specifically
identified as “author, editor, or proprietor” or The essence of this crime is blackmail, which is
“printer/publisher” of the publication. defined as any unlawful extortion of money by
threats of accusation or exposure.
ARTICLE 355 - LIBEL BY WRITING OR
SIMILAR MEANS Blackmail can also be in the form of light
threats, which is punished under ARTICLE 283.
Libel may be committed by means of:
(1) Writing; ARTICLE 357 - PROHIBITED PUBLICATION
(2) Printing; OF ACTS REFERRED TO IN THE COURSE
(3) Lithography; OF OFFICIAL PROCEEDINGS (GAG LAW)
(4) Engraving;
(5) Radio; Elements:
(6) Photograph; (a) Offender is a reporter, editor or manager of
(7) Painting; a newspaper, daily or magazine;
(8) Theatrical exhibition; (b) He publishes facts connected with the
(9) Cinematographic exhibition; or private life of another;
(10) Any similar means. (e.g. video broadcast) (c) Such facts are offensive to the honor, virtue
and reputation of said person.
Common characteristic of written libel: their
permanent nature as a means of publication.
Requisites of violation:
(1) That the article published contains facts
Use of amplifier system is not libel but oral
connected with the private life of an
defamation (slander). But the defamation made
individual; and
in the television program is libel.
(2) That such facts are offensive to the honor,
virtue and reputation of said person.
This article is referred to as the Gag Law.
Prohibition applies even if the facts are involved

in official proceedings.
445
Newspaper reports on cases pertaining to considered view that the slander

adultery, divorce, legitimacy of children, etc. are committed by petitioner can be
barred from publication. characterized as slight slander following
the doctrine that: uttering defamatory
Under RA 1477, a newspaper reporter cannot be words in the heat of anger, with some
compelled to reveal the source of the news provocation on the part of the offended
report he made, UNLESS the court or a House party, constitutes only a light felony.
or committee of Congress finds that such [Villanueva vs. People (2006)]
revelation is demanded by the security of the
state. (3) The word “putang ina mo” is a common
expression in the dialect that is often
ARTICLE 358 - SLANDER employed not really to slander but rather
to express anger or displeasure. It is
Slander, or oral defamation is composed of two seldom, if ever taken in its literal sense by
kinds: the hearer, that is, as a reflection on the
(1) Simple slander virtue of a mother. [Reyes vs. People]
(2) Grave slander, when it is of serious and
insulting nature The slander need not be heard by the offended
party.
Factors that determine the gravity of the oral
ARTICLE 359 - SLANDER BY DEED
defamation:
(1) Expressions used Elements
(2) Personal relations of the accused and the (a) Offender performs any act not included in
offended party. any other crime against honor;
(3) The surrounding circumstances. (b) Such act is performed in the presence of
other person/s; and
Illustration of grave slander: (c) Such act casts dishonor, discredit or
A woman of violent temper hurled at a contempt upon the offended party.
respectable married lady with young daughters
offensive and scurrilous epithets including Slander by deed is a crime against honor which
words imputing unchastity to the mother and is committed by performing any act which casts
tending to injure the character of the daughters dishonor, discredit, or contempt upon another
[U.S. vs. Toloso] person.
Illustration of simple slander:

(1) Calling a person a gangster Slander by deed is of two kinds
(2) Uttering defamatory words in the heat of (1) Simple slander by deed
anger with some provocation on the part of (2) Grave slander by deed
the offended party
There is no fixed standard in determining
The Court does not condone the vilification whether a slander is serious or not; hence the
or use of scurrilous language on the part of courts have sufficient discretion to determine
petitioner, but following the rule that all the same, basing the finding on the attendant
possible circumstances favorable to the circumstances and matters relevant thereto.
accused must be taken in his favor, it is our
446
Slapping the face of another is slander by deed Lack of participation in the preparation of
if the intention of the accused is to cause shame libelous articles does not shield the persons
or humiliation. responsible from liability.
Fighting the offended party with intention to Under Republic Act 8792, otherwise known as
insult him is slander by deed. the Electronic Commerce Act, a party or person
acting as a service provider incurs NO civil or
Pointing a dirty finger constitutes simple criminal liability in the making, publication,
slander by deed. dissemination or distribution of libelous
material if:
Slander by deed and acts of lasciviousness – (1) The service provider does not have actual
distinguished by presence of lewd designs. If knowledge, or is not aware of the facts or
such is present, it is an act of lasciviousness. circumstances from which it is apparent
that making, publication, dissemination or
Slander by deed and maltreatment – the nature distribution of such material is unlawful or
and effect of maltreatment determines the infringes any rights;
crime committed. If the offended party suffered (2) The service provider does not knowingly
from shame or humiliation caused by the receive a financial benefit directly
maltreatment, it is slander by deed. attributable to the infringing activity;
(3) The service provider does:
Slander by deed and unjust vexation – If it (a) not directly commit any infringement
merely annoys and irritates, without any other or other unlawful act and
concurring factor, it is unjust vexation. If the (b) does not induce or cause another
irritation or annoyance was attended by person or party to commit any
publicity and dishonor, it is slander by deed. infringement or other unlawful act
(c) and/or does not benefit financially
ARTICLE 360 - PERSONS RESPONSIBLE from the infringing activity or unlawful
FOR LIBEL act of another person or party (Section
(1) The person who publishes, exhibits or 30, in relation to Section 5, E-
causes the publication or exhibition of any Commerce Law).
defamation in writing or similar means.
(2) The author or editor of a book or pamphlet. Where to file the criminal action? It depends on
(3) The editor or business manager of a daily who the offended party is.
newspaper, magazine or serial publication.
(4) The owner of the printing plant which If he is a public officer, the criminal action can
publishes a libelous article with his consent only be instituted in either:
and all other persons who in any way (1) RTC of the province or city where the
participate in or have connection with its libelous article is printed and first
publication. published, OR
(2) RTC of the province or city where he held
Liability of the editor is the same as that of the office at the time of the commission of the
author. offense
If he is a private person, the criminal action may

be brought in:
447
(3) RTC of the province or city where the

libelous article is printed and first Rule of actual malice [or malice in fact]: Even if
published, OR the defamatory statement is false, NO liability
(4) RTC of the province or city where he can attach IF it relates to official conduct,
actually resided at the time of the UNLESS the public official concerned proves
commission of the offense that the statement was made with actual
malice, i.e., with knowledge that it was false or
In order to obviate controversies as to the venue with reckless disregard of WON it was false.
of the criminal action for written defamation,
the complaint or information should contain That the publication of the article was an
allegations as to whether, at the time the honest mistake is not a complete defense but
offense was committed, the offended party was serves only to mitigate damages where article is
a public officer or a private individual and where libelous per se.
he was actually residing at that time.
Whenever possible, the place where the written Libel against a public official
defamation was printed and first published An open letter addressed to the stockholders of
should likewise be alleged. That allegation OPMC was the subject of a full-page
would be a sine qua non if the circumstance as advertisement published in 5 major daily
to where the libel was printed and first newspapers. Coyiuto, Jr., wrote in his capacity
published is used as the basis of the venue of as Chairman of the Board and President of
the action. [Macasaet v. People (2005)] OPMC, that there was a sweetheart deal
between Commissioner Mario Jalandoni of the
Civil and criminal action must be filed with the PCGG and Rizal Commercial Banking Corp.
same court. (RCBC) to the prejudice of the Government.
Offended party must file the complaint for In the recent case of Vasquez v. Court of
defamation imputing a crime which cannot be Appeals, et. al., the Court ruled that: "The
prosecuted de officio. question is whether from the fact that the
statements were defamatory, malice can be
Libel imputing a vice or defect, not being an presumed so that it was incumbent upon
imputation of a crime, is always prosecuted petitioner to overcome such presumption.
upon information signed and filed by the fiscal. Under Art. 361 of the Revised Penal Code, if the
defamatory statement is made against a public
ARTICLE 361 - PROOF OF TRUTH official with respect to the discharge of his
official duties and functions and the truth of the
When admissible? allegation is shown, the accused will be entitled
(1) When the act or omission imputed to an acquittal even though he does not prove
constitutes a crime regardless of whether that the imputation was published with good
the offended party is a private individual or a motives and for justifiable ends."
public officer.
(2) When the offended party is a Government Moreover, the Court has ruled in a plethora of
employee, even if the imputation does not cases that in libel cases against public officials
constitute a crime, provided it is related to which relate to official conduct liability will
the discharge of his official duties. attach only if the public official concerned
448
proves that the statement was made with ARTICLE 362 - LIBELOUS REMARKS
actual malice, that is, with knowledge that it
was false. (1) Libelous remarks or comments
(2) connected with the matter privileged under
Imputations regarding official conduct do not the provisions of Art. 354,
carry the presumption of malice, hence even if (3) if made with malice,
the defamatory statement is false, if malice was (4) shall NOT exempt the author thereof nor
not proven, there is no libel. Here petitioner the editor or managing editor of a
failed to prove actual malice on the part of the newspaper from criminal liability.
private respondents. Nor was the Court of the
opinion that the open letter was written to cast Libelous remarks or comments on matters
aspersion on the good name of the petitioner. privileged, if made with malice in fact, do not
exempt the author and editor.
The paid advertisement merely served as a
vehicle to inform the stockholders of the goings- CHAPTER II: INCRIMINATORY
on in the business world and only exposed the
MACHINATIONS
irregularities surrounding the PCGG and RCBC
deal and the parties involved. [Mario C.V
Jalandoni v Secretary of Justice (2000)]
ARTICLE 363 - INCRIMINATING
INNOCENT PERSON
Truth is a legitimate defense but only under the
Elements:
condition that the accused has been prompted
(1) Offender performs an act
in making the statement by good motives and
(2) By such an act, he incriminates or imputes
for justifiable ends. [Disini v. Secretary of Justice
to an innocent person the commision of a
(2014)]
crime
(3) Such act does not constitute perjury.
There must be sufficient evidence to permit the
conclusion that the accused in fact entertained
serious doubts as to the truth of the statement INTRIGUING SLANDER INCRIMINATING
he published. Gross/extreme negligence is not AGAINST INNOCENT
sufficient to establish actual malice. The HONOR PERSON
prosecution bears the burden of proving the The source of Offender Offender
presence of actual malice in instances where the made the performs an act
such element is required to establish guilt. The defamatory utterance, by which he
defense of absence of actual malice, even when utterance is where the directly
the statement turns out to be false, is available unknown and source of the incriminates or
where the offended party is a public official or the offender defamatory imputes to an
public figure. simply nature of the innocent person
repeats or utterance is the commission
Malice is presumed, however, when the passes the known, and of a crime
offended party is a private individual. The law same to offender
presumes its existence (RPC Art 354) and the blemish the makes a
accused has the burden of proof to show that he honor or republication
has a justifiable reason for the defamatory reputation of thereof
statement. another
449
As far as this crime is concerned, this has been Administrative Circular 08-2008 Re: Guidelines in
interpreted to be possible only in the so-called the Observance of a Rule of Preference in the
planting of evidence. If this act is resorted to, to Imposition of Penalties in Libel Cases
enable officers to arrest the subject, the crime is (1) This Administrative Circular does not
unlawful arrest through incriminating innocent remove imprisonment as an alternative
persons. penalty for the crime libel under Article
355 of the RPC
This crime cannot be committed through verbal (2) The Judges concerned may, in the exercise
incriminatory statements. of sound discretion, and taking into
consideration the peculiar circumstances of
each case, determine whether the
PERJURY BY DEFAMATION imposition of a fine alone would best serve
INCRIMINATING the interests of justice or whether
MAKING
INNOCENT forbearing to impose imprisonment would
FALSE
PERSON depreciate the seriousness of the offense,
ACCUSATIONS
work violence on the social order, or
Act of planting Giving of false Public and otherwise be contrary to the imperative of
evidence and statement malicious justice;
the like in order under oath or imputation (3) Should only a fine be imposed and the
to incriminate making a false calculated to accused be unable to pay the fine, there is
an innocent affidavit, cause no legal obstacle to the application of the
person imputing to dishonor, RPC provision on subsidiary imprisonment.
the person the discredit, or
commission of contempt
a crime upon the Title XIV. Quasi-Offenses
offended
party Article 365 - Imprudence
and Negligence
HONOR Quasi-offenses punished:
(1) Committing through reckless imprudence
Elements: any act which, had it been intentional,
(c) Offender disseminates any intrigue would constitute a grave or less grave
(d) Its principal purpose is to blemish the felony or light felony;
honor or reputation of a person. (2) Committing through simple imprudence or
negligence an act which would otherwise
Intriguing against honor is referred to as constitute a grave or a less serious felony;
gossiping: the offender, without ascertaining (3) Causing damage to the property of another
the truth of a defamatory utterance, repeats the through reckless imprudence or simple
same and pass it on to another, to the damage imprudence or negligence;
of the offended party (4) Causing through simple imprudence or
negligence some wrong which, if done
maliciously, would have constituted a light
felony.
450
IMPRUDENCE NEGLIGENCE (e) There is inexcusable lack of precaution on

the part of the offender, taking into
Lack of skill Lack of foresight consideration:
Deficiency of action Deficiency of perception (1) His employment/occupation
Failure in precaution Failure in advertence (2) Physical condition
(3) Degree of intelligence
Imprudence or negligence is not a crime itself; it (4) Other circumstances regarding the
is simply a way of committing a crime. It persons, time and place
becomes punishable only when it results in a
crime. NOTE:
(1) Reckless Imprudence Resulting in
The rules for graduating penalties (under Art. Homicide
64) based on mitigating and aggravating (2) Resulting in Physical Injuries
circumstances are NOT applicable to offenses
punishable thru criminal negligence. Inexcusable lack of precaution
Factors to be considered in determining
QUALIFYING CIRCUMSTANCE: failure to render inexcusable lack of precaution:
immediate assistance to the injured party. This (1) Employment or occupation
qualifying circumstance must be distinguished (2) Degree of intelligence and physical
from the punishable OMISSION under Article condition of the offender; and
275. (3) Other circumstances regarding persons,
time, and place.
If the danger that may result from the criminal
negligence is clearly perceivable, the Force majeure is an event which cannot be
imprudence is reckless. If it could hardly be foreseen, or which being foreseen is inevitable;
perceived, the criminal negligence would only it implies an extraordinary circumstance
be SIMPLE. independent of the will of the actor.
Criminal negligence is only a modality in Once malice is proven, recklessness disappears.

incurring criminal liability. This is so because [People v. Agliday (2001)}
under Article 3, a felony may result from dolo or Elements of Simple Imprudence
culpa. THEREFORE, even if there are several (c) There is lack of precaution on the part of
results arising from ONLY ONE the offender
CARELESSNESS, the accused may only be (d) The damage impending to be caused is not
prosecuted under one count for the criminal immediate or the danger is not clearly
negligence. Otherwise, double jeopardy would manifest.
arise.
Elements of Reckless Imprudence: Test of negligence: Would a prudent man, in the

(a) The offender does or fails to do an act position of the person to whom negligence is
(b) The doing of or the failure to do the act is attributed, foresee harm as a result of the
voluntary course actually pursued? If so, it was the duty of
(c) It is without malice the actor to refrain from that course or to take
(d) Material damage results precautions against its mischievous results, and
the failure to do so constitutes negligence.
451
Doctrine of last clear chance

The measure of the damage should be the The contributory negligence of the party injured
difference in value of property immediately will not defeat the action if it be shown that the
before the incident and immediately after the accused might, by exercise of reasonable care
repair. and prudence, have avoided the consequences
of the negligence of the injured party.
Art. 64 relative to mitigating and aggravating
circumstances is not applicable to crimes
committed through negligence. Emergency rule
An automobile driver who, by negligence of
The penalties provided in Art. 365 are not another and not by his own negligence, is
applicable in the ff. cases: suddenly placed in an emergency and
(1) When the penalty provided for the offense compelled to act instantly to avoid collision or
is equal to or lower than those provided in injury is not guilty of negligence if he makes
the first two paragraphs of Art. 365, in such a choice which a person of ordinary
which case the courts shall impose the prudence placed in such situation might make
penalty next lower in degree that that even though he did not make the wisest choice.
which should be imposed, in the period
which they may deem proper to apply. One who suddenly finds himself in a place of
(2) When, by imprudence or negligence and danger, and is required to act without time to
with violation of the Automobile Law, the consider the best means that may be adopted
death of a person shall be caused, in which to avoid the impending danger, is not guilty of
case the defendant shall be punished by negligence, if he fails to adopt what
prision correccional in its medium and subsequently and upon reflection may appear
maximum periods. to have been a better method, unless the
emergency in which he finds himself is brought
When death or serious bodily injury to any about by his own negligence. [Gan v. CA (1988)]
person has resulted, the motor vehicle driver at
fault shall be punished under the Penal Code. Violation of a rule or regulation or law is proof
of negligence. But negligence cannot be
Contributory negligence is not a defense. It only predicated upon the mere fact of minority or
mitigates criminal liability. lack of an operator’s license.
Sec. 59 of Act 3992 (Revised Motor Vehicle The penalty next higher in degree is imposed if
Law) gives the right of way to the driver coming the offender fails to lend on the spot to the
from the right of another, when both are injured parties such help as may be in his hands
travelling on intersecting streets of the same to give.
class. The grant of right of way does not relieve
the motorist from the duty of keeping a lookout Carillo v. People (1994): The gravamen of
for motorists entering the intersection from his SIMPLE NEGLIGENCE is the failure to exercise
left or right. the diligence necessitated or called for by the
situation which was NOT immediately life-
destructive BUT which culminated, as in the
present case, in the death of a human being 3
days later.
452
was consented to by the victim's parents. With

Medical malpractice, which is a form of the permission of the victim's parents, accused-
negligence, consists in the failure of a physician appellant Carmen, together with the other
or surgeon to apply to his practice of medicine accused-appellants, proceeded to subject the
that degree of care and skill which is ordinarily boy to a "treatment" calculated to drive the
employed by the profession generally, under "bad spirit" from the boy's body. Unfortunately,
similar conditions, and in like surrounding the strange procedure resulted in the death of
circumstances. [Garcia-Rueda v. Pascasio (1997)] the boy. Thus, accused-appellants had no
criminal intent to kill the boy.
Res ipsa loquitur – the fact of the occurrence of
an injury, taken with the surrounding Their liability arises from their reckless
circumstances, may permit an inference or raise imprudence because they ought that to know
a presumption of negligence, or make out a their actions would not bring about the cure.
plaintiff’s prima facie case, and present a They are, therefore, guilty of reckless
question of fact for the defendant to meet with imprudence resulting in homicide and not of
an explanation. [Ramos v. CA (1999)] murder.
Art. 365 of the Revised Penal Code, as amended,

Requisites for the application of res ipsa loquitur states that reckless imprudence consists in
(1) The accident was of a kind which does NOT voluntarily, but without malice, doing or failing
ordinarily occur UNLESS someone is to do an act from which material damage
negligent; results by reason of inexcusable lack of
(2) The instrumentality or agency which precaution on the part of the person performing
caused the injury was under the exclusive such act.
control of the person in charge; and
(3) The injury suffered must NOT have been Compared to intentional felonies, such as
due to any voluntary action or contribution homicide or murder, what takes the place of the
of the person injured. element of malice or intention to commit a
wrong or evil i: the failure of the offender to take
Ordinarily, only physicians and surgeons of skill precautions due to lack of skill taking into
and experience are competent to testify as to account his employment, or occupation, degree
whether a patient has been treated or operated of intelligence, physical condition, and other
upon with a reasonable degree of skill and care. circumstances regarding persons, time and
place.
HOWEVER, testimony as to the statements and
acts of physicians and surgeons, external The elements of reckless imprudence are
appearances, and manifest conditions which apparent in the acts done by accused-
are observable by any one may be given by non- appellants which, because of their lack of
expert witnesses. [Reyes v. Sis. of Mercy Hospital medical skill in treating the victim of his alleged
(2000)] ailment, resulted in the latter's death. As
already stated, accused-appellants, none of
Illustration: whom is a medical practitioner, belong to a
People v. Carmen (2001): It would appear that religious group, known as the Missionaries of
accused-appellants are members of a cult and Our Lady of Fatima, which is engaged in faith
that the bizarre ritual performed over the victim healing.
453
Ivler v. Modesto-San Pedro (2010): The accused

got involved in a car accident for which he was
charged with two separate offenses (RI
resulting to slight physical injuries and RI
resulting to homicide and damage to property).
He was convicted of the first offense and he
wanted the second information quashed on the
ground of double jeopardy. The Court held that
the Reckless Imprudence is a single crime and
the consequences on persons and property are
material only to determine the penalty. The
conviction or acquittal of such quasi-offense
bars subsequent prosecution for the same
quasi-offense, regardless of its various resulting
acts. The law penalizes the negligent act and
not its result.
Rafael Reyes Trucking v. People (2000): Much of

the confusion has arisen from the common use
of such descriptive phrase as 'homicide through
reckless imprudence', and the like; when the
strict technical sense is, more accurately,
'reckless imprudence resulting in homicide'; or
'simple imprudence causing damages to
property'."
454

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TABLE OF CONTENTS

TABLE OF CONTENTS B. STAGES OF EXECUTION ........................................ 20

CRIMINAL LAW 1 DEVELOPMENT OF A CRIME ................................ 20

G.1. PRINCIPAL ...................................................... 89 PIRACY ........................................................... 146

ARTICLE 138 - INCITING TO REBELLION OR ARTICLE 150 - DISOBEDIENCE TO SUMMONS

CONSPIRACY .................................................. 164 ARTICLE 151 - RESISTANCE AND DISOBEDIENCE

ARTICLE 159 - OTHER CASES OF EVASION OF FOUR KINDS OF DOCUMENTS ............................193

ARTICLE 186 – MONOPOLIES AND RA 9208: ANTI-TRAFFICKING IN PERSONS

TITLE V. CRIMES RELATIVE TO OPIUM AND CHAPTER 2: MALFEASANCE AND

DEFINITION OF IMPORTANT TERMS .................... 204 CHAPTER 3: FRAUDS AND ILLEGAL

PD 1602: ANTI-GAMBLING ACT ................... 211 ARTICLE 206 - UNJUST INTERLOCUTORY

ARTICLE 216 - POSSESSION OF PROHIBITED REVELATION OF SECRETS ....................... 243

(ART. 208)................................................ 247 ABORTION ................................................257

ARTICLE 264 - ADMINISTERING INJURIOUS ARTICLE 272 - SLAVERY ............................. 281

RA 7610: SPECIAL PROTECTION OF ARTICLE 281 - OTHER FORMS OF TRESPASS

ARTICLE 268 - SLIGHT ILLEGAL DETENTION ARTICLE 290 - DISCOVERING SECRETS

ARTICLE 301 - WHAT IS AN INHABITED BP 22 (ANTI-BOUNCING CHECKS LAW) ... 325

ARTICLE 303 - ROBBERY OF CEREALS, ARTICLE 319 - REMOVAL, SALE, OR PLEDGE

ARTICLE 300 – ROBBERY IN AN ARTICLE 316 - OTHER FORMS OF

ARTICLE 302 – ROBBERY IN AN ARTICLE 317 - SWINDLING OF A MINOR .... 419

ARTICLE 344 - PROSECUTION OF PRIVATE ARTICLE 358 - SLANDER ........................... 446

I.FUNDAMENTAL A. 1. MALA IN SE AND MALA PROHIBITA

PRINCIPLES Mala in se (“evil in itself”) – A crime or an act

Mala in Se Mala Prohibita

As to division of penalties Penalties may be divided into There is no such division of

I. CRIMINAL LAW V. CRIMINAL PROCEDURE

Exception: If it is favorable to the accused.

Exception To The Exception:

State authority to punish crime SOURCES OF CRIMINAL LAW

(e) Offenses arising out of any act or omission

privileges and immunities accorded to

Exceptions: It cannot penalize crimes committed outside

Philippine atmosphere, Philippine criminal law

Relative Theory Those who introduced the counterfeit items are

Exception to the Exception: LEGALITY

EFFECTS OF REPEAL/AMENDMENT Nullum Crimen Nulla Poena Sine Lege – There is

If the new law imposes a heavier penalty CONSTITUTIONAL LIMITATIONS ON THE

special law, the generic word “crime” can be

Under Art. 3, they are classified as:

(b) Material Felonies: crimes that have various

General Criminal Specific Criminal

The purpose to use a particular means to effect

where there is doubt as to the Rationale: el que es causa de la causa es causa

 However, mistake of fact is NOT Justice of the Peace of Pampanga the

(1) Emergency Rule events leading to the injury [Carillo v.

DEVELOPMENT OF A CRIME (2) Such external acts have a direct

offender has performed all the acts of

 If the felony is already in its frustrated conviction for consummated rape.

execution when he has effected a

injuries. There is no simple crime of (b) Crimes consummated by mere attempt

property involved, estafa cannot be General rule: Conspiracy and proposal to

B. CONSPIRACY AND PROPOSAL

 As a manner of incurring criminal (3) It is not the execution of a felony that is

performing another for the attainment of  In some exceptional situations, having

prevent it, he will be liable under the

objective. draws a gun and

C. MULTIPLE OFFENDERS (DIFFERENCES, RULES, EFFECTS)

C. 1. RECIDIVISM Meaning of “at the time of his trial for one

D. CONTINUING CRIMES crime because each crime because all of

(a) taking of several things, PLURALITY OF

maximum period separate offenses or may be absorbed by

Single Act Several Acts In contrast, Article 365 is a substantive rule

single crime, such as less serious physical