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Title 1: Crimes Against National Security and the Law  Allegiance—the obligation of fidelity and obedience

of Nations which the individuals owe to the government under


which they live or to their sovereign, in return for the
Chapter 1: Crimes Against National Security
protection they receive
Section 1: Treason and Espionage A. Permanent Allegiance—obligation of fidelity and
obedience which a citizen or subject owes to his
114. Any Filipino citizen who levies war against the government or sovereign
Philiipines or adheres to her enemies, giving them aid or B. Temporary Allegiance—obligation of fidelity and
comfort within the Philippines or elsewhere, shall be obedience which a resident alien owes to our
punished by reclusion perpetua to death and shall pay a government
fine not to exceed 100,000 pesos.  Treasonable acts may actually be perpetrated during
peace, but there are no traitors until war has started
No person shall be convicted of treason unless on the  Two modes of committing treason:
testimony of two witnesses at least to the same overt A. By levying war against the Government which
act or on confession of the accused in open court. requires the concurrence of two things:
Likewise, an alien, residing in the Philippines, who 1. That there be actual assembling of men
2. For the purpose of executing a treasonable design
commits acts of treason as defined in paragraph 1 of
by force
this Article shall be punished by reclusion temporal to o In this mode, it is not necessary that there be a
death and shall pay a fine not to exceed 100,000 pesos. formal declaration of the existence of a state of
 Cannot be proven by circumstantial evidence or by war
extrajudicial confession of the accused o The levying of war must be
 Ways of proving treason: a. with the intent to overthrow the government
1. Testimony of two witnesses, at least, to the same as such, not merely to resist a particular
overt act statute or to repel a particular officer
o Required to prove the overt act of giving aid or b. in collaboration with a foreign enemy
comfort and not necessary to adherence B. By adhering to the enemies of the Philippines, giving
2. Confession of the accused in open court them aid or comfort
o Confession means the confession of guilt o Adherence and giving aid or comfort to the enemy
 Defendant should be acquitted if only one of the two must concur together
witnesses is believed by the court o Adherence to the enemy—intent to betray; there
 The two-witness rule is not affected by discrepancies is adherence when a citizen intellectually or
in minor details of the testimony emotionally favors the enemy and harbors
 Adherence may be proved: sympathies or convictions disloyal to his country’s
policy or interest
1. By one witness
o Aid or comfort—
2. From the nature of the act itself
a. an act which strengthens or tends to strengthen
3. From the circumstances surrounding the act the enemy in the conduct of war against the
 Elements of treason: traitor’s country
1. That the offender is a Filipino citizen or an alien b. an act which weakens or tends to weaken the
residing in the Philippines power of the traitor’s country to resist or to
2. There is war in which the Philippines is involved attack the enemy
3. That the offender either  The aid and comfort must be given to the
a. Levies war against the Government enemy by some kind of action. It must be a
b. Adheres to the enemies, giving them aid or deed or physical activity.
comfort  The expression includes such acts as furnishing
 Treason the enemy with arms, troops, supplies,
o a breach of allegiance to a government, committed information, or means of transportation
by a person who owes allegiance to it (definition)  The aid and comfort which constitute treason
o a violation by a subject of his allegiance to his must depend upon their nature, degree and
sovereign or to the supreme authority of the State purpose
(nature of the crime)  The aid or comfort given to the enemies must
 Filipino citizenship may be proved by his be after the declaration of war where the
A. prison record having been filled out with data enemies are the subject of a foreign power
supplied by the accused himself  The overt act of aid and comfort must be
B. Testimony of witnesses who know him to have been intentional which provides that there could be no
born in the Philippines of Filipino parents treason thru negligence

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 The acceptance of public office and discharge of 2. That he has knowledge of any conspiracy (to
official duties constitute treason if such is policy- commit treason) against the Government
determining and is used to propagate the creed of the 3. That he conceals or does not disclose and make know the
invader same as soon as possible to the governor or fiscal of
 When killings and other common crimes are charged the province or the mayor or fiscal of the city in which
as overt acts of treason, they cannot be regarded: (1) as he resides
separate crimes, or (2) as complexed with treason  Art. 116 does not apply when the crime of treason is
 Treason is such of a nature that it may be committed already committed by someone and the accused does
by one single act, by a series of acts, or by several not report its commission to the proper authority
series thereof, not only in a single time, but in different  Although the offender in misprision of treason is
times, it being a continues crime. punished as an accessory to treason, he is, however, a
 All overt acts the accused has done constitute but a principal in the crime of misprision of treason
single offense  Art. 116 is an exception to the rule that mere silence
 Aggravating circumstances in treason: does not make a person criminally liable which is
a. Cruelty or ignominy under Art. 19.
b. Rape, wanton robbery for personal gain, and
brutality are regarded as cruelty and ignominy 117. The penalty of prision correccional shall be
 The gravity or seriousness of the acts of treason are inflicted upon any person who:
considered and not merely the aggravating 1. Without authority therefor, enters a warship, fort,
circumstances present or naval or military establishment or reservation
 Good defense in treason: to obtain any information, plans, photographs, or
a. Defense of obedience to de facto government other data of a confidential nature relative to the
b. Defense of duress or uncontrollable fear defense of the Philippine Archipelago; or
 Defense of suspended allegiance and change of 2. Being in possession, by reason of the public office
sovereignty is not accepted he holds, of the articles, data, or information
referred to in the preceding paragraph, discloses
115. The conspiracy or proposal to commit the crime of their contents to a representative of a foreign
treason shall be punished respectively, by prision mayor nation.
and a fine not exceeding 10,000 pesos, and prision The penalty next higher in degree shall be imposed if
correccional and a fine not exceeding 5,000 pesos. the offender be a public officer or employee.
 Conspiracy to commit treason is committed when in  Espionage—the offense of gathering, transmitting, or
time of war, 2 or more persons come to an agreement to losing information respecting the national defense
levy war against the Government or to adhere to the with intent or reason to believe that the information is
enemies and to give them aid or comfort, and decide to to be used to the injury of the Republic of the
commit it (Art. 8 and 114) Philippines or to the advantage of any foreign nation.
 Proposal to commit treason is committed when in time  Two ways of committing espionage:
of war, a person who has decided to levy war against the 1. By entering, without authority therefor, a warship, fort,
Government or to adhere to the enemies and give air or naval or military establishment or reservation to obtain
or comfort, proposes its execution to some other person any information, plans, photographs, or other data
or persons (Art. 8 and 114) of a confidential nature relative to the defense of the
 The two-witness rule does not apply to conspiracy or Philippines
proposal to commit treason. o Elements:
a. That the offender enters any of the places
116. Every person owing allegiance to (the United mentioned therein
States or) the Government of the Philippine Islands, b. That he has no authority therefor
without being a foreigner, and having knowledge of any c. That his purpose is to obtain information, plans,
conspiracy against them, who conceals or does not photographs or other data of a confidential
disclose and make known the same, as soon as possible, nature relative to the defense of the Philippines
o It is not necessary that the offender should have
to the governor or fiscal of the province, or the mayor
obtained any information, etc., but it is sufficient
or fiscal of the city in which he resides, as the case may that he has the purpose to obtain any of them when
be, shall be punished as an accessory to the crime of he entered the mentioned places
treason. 2. By disclosing to the representative of a foreign nation the
 Elements: contents of the articles, data or information referred
1. That the offender must be owing allegiance to the to in par. No. 1 of Art. 117, which he had in his
Government, and not a foreigner possession by reason of the public office he holds
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oElements: Sec. 2: Provoking war and disloyalty in case of war
a. That the offender is a public officer
b. That he has in his possession the articles, data Crimes classified as provoking war and disloyalty in case of
or information referred to in par. 1, by reason of war:
the public office he holds a. Inciting war or giving motives for reprisals
c. That he discloses their contents to a b. Violation of neutrality
representative of a foreign nation c. Correspondence with hostile country
 To be liable, the offender must have the intention to d. Flight to enemy’s country
obtain information relative to the defense of the
Philippines 118. The penalty of reclusion temporal shall be imposed
 Persons liable in committing espionage: upon any public officer or employee, and that of prision
o Under paragraph 1: mayor upon any private individual, who, by unlawful or
a. A citizen or a foreigner unauthorized acts provokes or gives occasion for a war
b. A private individual or a public officer involving or liable to involve the Philippine Islands or
 If the offender is a public officer or employee, the exposes Filipino citizens to reprisals on their persons or
penalty next lower in degree shall be imposed
property.
o Under paragraph 2:
 Public officer who has in his possession the  Elements:
article, data, or information by reason of the 1. That the offender performs unlawful or
public office he holds unauthorized acts
2. That such acts provoke or give occasion for a war
Espionage Treason involving or liable to involve the Philippines or
A crime not conditioned by the citizenship of the offender expose Filipino citizens to reprisals on their persons
May be committed both in Committed only in time of or property
time of peace and in war war  The intention of the offender is immaterial so long as
May be committed in many Limited in 2 ways of the action gave rise to an occasion of war or exposed
ways committing the crime: Filipino citizens to reprisals even if it is a mere
1. Levying war imprudence
2. Adhering to the  The crime of inciting to war or giving motives for
enemy giving him aid reprisals is committed in time of peace
or comfort
119. The penalty of prision correccional shall be inflicted
Commonwealth Act No. 616
upon anyone who, on the occasion of a war in which
An Act to Punish Espionage and other Offenses
the Government is not involved, violates any regulation
against National Security
Acts Punishable: issued by competent authority for the purpose of
1. Unlawfully obtaining or permitting to be obtained enforcing neutrality.
information affecting national defense;  Elements:
2. Unlawful disclosing of information affecting 1. That there is a war in which the Philippines is not
national defense; involved
3. Disloyal acts or words in time of peace (i.e. causing in 2. That there is a regulation issued by competent
any manner insubordination, disloyalty, mutiny or authority for the purpose of enforcing neutrality
refusal of duty of any member of the military, naval, 3. That the offender violates such regulation
or air forces of the Philippines);  Neutrality—a nation or power which takes no part in a
4. Disloyal acts in time of war; contest of arms going on between others
5. Conspiracy to commit the foregoing acts;
6. Harboring or concealing violators of the law (i.e. the 120. Any person, who in time of war, shall have
offender harbors a person whom he knows as correspondence with an enemy country or territory
someone who committed or is about to commit a occupied by enemy troops shall be punished:
violation of this Act); and 1. By prision correccional, if the correspondence has
7. Photographing from aircraft of vital military
been prohibited by the Government;
information.
2. By prision mayor, if such correspondence be
carried on in ciphers or conventional signs;
3. By reclusion temporal, if notice or information be
given thereby which might be useful to the
enemy. If the offender intended to aid the enemy

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by giving such notice or information, he shall  Two ways of committing piracy:
suffer the penalty of reclusion temporal to death. 1. By attacking or seizing a vessel on the high seas or in
 Elements: Philippine waters
1. That it is in time of war in which the Philippines is 2. By seizing in the vessel while on the high seas or in
involved Philippine waters the whole or part of its cargo, its
2. That the offender makes correspondence with an equipment or personal belongings of its complement or
enemy country or territory occupied by enemy troops passengers
3. That the correspondence is either:  Elements of piracy:
a. Prohibited by the Government 1. That a vessel is on the high seas or in Philippine
b. Carried on in ciphers or conventional signs waters
c. Containing notice or information which might be 2. That the offenders are not members of its
useful to the enemy complement or passengers
 Correspondence—communication by means of letters; 3. That the offenders (a) attack or seize that vessel, or
or it may refer to the letters which pass between those (b) seize the whole or part of the cargo of said
who have friendly or business relations vessel, its equipment or personal belongings of its
 Even when the correspondence contains innocent complement or passengers
matters, as long as the Government prohibits its, it is  High seas—any water on the sea coast which are
punishable without the boundaries of low-water mark, although
 Prohibition by the Government is not essential in such waters may be in the jurisdictional limits of a
pars. 2 and 3 foreign government
 Circumstances qualifying the offense—the ff. must  Piracy—robbery or forcible depredation on the high
concur together: seas, without lawful authority and done with animo
a. That the notice or information might be useful to the furandi and in the spirit and intention of universal
enemy hostility
b. That the offender intended to aid the enemy  Mutiny—
o The unlawful resistance to a superior officer, or the raising
121. The penalty of arresto mayor shall be inflicted of commotions and disturbances on board a ship against
upon any person who, owing allegiance to the the authority of its commander
o usually committed by the other members of the
Government, attempts to flee or go to an enemy
complement and may be committed by the
country when prohibited by competent authority passengers of the vessel
 Elements:
1. That there is a war in which the Philippines is Piracy Mutiny
involved Persons who attack the Persons who attack or seize
2. That the offender must be owing allegiance to the vessel or seize its cargo are are members of the crew or
Government strangers passengers
3. That the offender attempts to flee or go to enemy Intent to gain is essential Intent to ignore the ship’s
country officers or they may be
4. That going to enemy country is prohibited by prompted by a desire to
competent authority commit plunder
 An alien resident may be guilty of flight to enemy
country because the law does not say ―not being a 123. The penalty of reclusion perpetua to death shall be
foreigner‖ imposed upon those who commit any of the crimes
referred to in the preceding article, under any of the
Section 3: Piracy and mutiny on the high seas following circumstances:
1. Whenever they have seized a vessel by boarding
122. The penalty of reclusion temporal shall be inflicted or firing upon the same;
upon any person who, on the high seas or in Philippine 2. Whenever the pirates have abandoned their
waters, shall attack or seize any vessel or, not being a victims without means of saving themselves;
member of its complement nor a passenger, shall seize 3. Whenever the crime is accompanied by murder,
the whole or part of the cargo of said vessel, its homicide, physical injuries or rape
equipment, or personal belongings of its complement or  Qualified piracy—a special complex crime punishable
passengers. by reclusion perpetua to death, regardless of the number
of victims
The same penalty shall be inflicted in case of mutiny on
 Vessel–any vessel or watercraft used for (a) transport of
the high seas or in Philippine waters.
passengers and cargo, or (b) for fishing.

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 Any person who aids or protects pirates or abets the 2. The penalty of prision correccional in its medium
commission of piracy shall be considered as an and maximum periods, if the detention has
accomplice continued more than 3 but not more than 15 days
3. The penalty of prision mayor, if the detention has
Presidential Decree No. 532: Anti-Piracy and Anti- continued for more than 15 days but not more
Highway Robbery Law of 1974 than 6 months
 Aiding or abetting piracy requisites: 4. That of reclusion temporal, if the detention shall
1. Knowingly aids or protects pirates; have exceeded 6 months
2. Acquires or receives property taken by such pirates,
The commission of a crime, or violent insanity or any
or in any manner derives any benefit;
3. Directly or indirectly abets the commission of other ailment requiring the compulsory confinement of
piracy. the patient in a hospital, shall be considered legal
 Under PD 532, piracy may be committed even by a grounds for the detention of any person.
passenger or member of the complement of the vessel  Summary: (detention for/between)
1. Less than 3 days—arresto mayor in its max—prision
Title 2: Crimes Against the Fundamental Laws of the correccional in its min
2. More than 3 but less than 15 days—prision correccional
State
in its med and max
Chapter 1: Arbitrary Detention or Expulsion, Violation 3. More than 15 days but less than 6 months—prision
of Dwelling, Prohibition, Interruption, and Dissolution mayor
of Peaceful Meetings and Crimes Against Religious 4. More than 6 months—reclusion temporal
Worship  Elements:
1. That the offender is a public officer or employee
 Crimes against the fundamental laws of the State: 2. That he detains a person
1. Arbitrary detention (Art. 124) 3. That the detention is without legal grounds
2. Delay in the delivery of detained persons to the
 The public officer must be vested with authority to
proper judicial authorities (Art. 125)
detain or order the detention of persons accused of a
3. Delaying release (Art. 126)
crime
4. Expulsion (Art. 127)
a. Policemen and other agents of the law
5. Violation of domicile (Art. 128)
b. Judges or mayors
6. Search warrants maliciously obtained and abuse in
c. Barangay captain
the service of those legally obtained (Art 129)
d. Municipal councilor
7. Searching domicile without witnesses (Art. 130)
8. Prohibition, interruption, and dissolution of peaceful  If detention is perpetrated by other public officers or
meetings (Art. 131) by private individual (Arts. 267 or 268)—the crime is
9. Interruption of religious worship (Art. 132) illegal detention because they are acting in their private
10. Offending the religious worship (Art. 133) capacity
 Crimes against the Fundamental laws of State—violate  But private individuals who conspired with public
certain provisions of the Bill of Rights, Art. III, Secs. officers in detaining certain policemen are guilty of
1, 2, 4, 5, 6 arbitrary detention
 Detention—the actual confinement of a person in an
Section 1: Arbitrary Detention and Expulsion enclosure, or in any manner detaining and depriving
him of his liberty.
 Classes of arbitrary detention:  Without legal grounds:
1. Arbitrary detention by detaining a person without a. When he has not committed any crime or, at least,
legal ground there is no reasonable ground for suspicion that he
2. Delay in the delivery of detained persons to the has committed a crime
proper judicial authorities b. When he is not suffering from violent insanity or
3. Delaying release any other ailment requiring compulsory confinement
in a hospital
124. Any public officer or employee who, without legal  Legal grounds for the detention of any person:
grounds, detains a person, shall suffer; a. The commission of the crime
1. The penalty of arresto mayor in its maximum b. Violent insanity or any other ailment requiring
period to prision correccional in its minimum compulsory confinement of the patient in a hospital
period, if the detention has not exceeded 3 days  Warrantless arrest is the usual cause of arbitrary
detention

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 Warrantless arrest that is lawful: (a peace officer or a b. 18 hours—punishable by correctional penalties,
private person) or its equivalent
1. When, in his presence, the person to be arrested has c. 36 hours—punishable by afflictive or capital
committed, is actually committing, or is attempting penalties, or its equivalent
to commit an offense  If the offender is a private person, the crime is illegal
2. When an offense has in fact been committed, and he detention and should have the same requirements
has probable cause to believe based on personal  The detention is legal in the beginning, and it only
knowledge of facts and circumstances that the becomes illegal after a certain period of time, because
person to be arrested has committed it the offended party is not delivered to the proper
o Personal knowledge of facts—be based upon judicial authority, within the period specified
probable cause, which means an actual belief or  Art. 125 applies only when the arrest is made without
reasonable grounds of suspicion warrant of arrest but the arrest must be lawful
o Probable cause—such facts and circumstances  If the arrest is made with a warrant of arrest, the
which could lead a reasonable discreet and person arrested can be detained indefinitely until his
prudent man to believe than an offense has been case is decided by the court or he posts a bail for his
committed and that the object sought in temporary release
connection with the offense are in the place
 What constitutes a violation of Art. 125 is the failure to
sought to be searched
deliver the person arrested to the proper judicial
3. When the person to be arrested is a prisoner who
authority within the period specified therein
has escaped from a penal establishment or place
o It does not consist in a physical delivery, but in
where he is serving final judgment or temporarily
making an accusation or charge or filing of an
confined while his case is pending, or has escaped
information against the person arrested with the
while being transferred from one confinement to
corresponding court or judge, whereby the latter
another
acquires jurisdiction to issue an order of release or
o Pars. (1) and (2) refer to cases when a suspect is
of commitment of the prisoner
caught in flagrante delicto or immediately thereafter,
o Judicial authorities—the courts of justice or judges
while par. (3) refers to escaping prisoners
of said courts vested with judicial power to order the
 Under Sec. 5, Rule 113 of the RRCP—actual temporary detention or confinement of a person
commission of a crime by the person detained is not charged with having committed a public offense—
necessary to justify his detention Supreme Court and such inferior courts
 The crime of arbitrary detention can be committed o Where a judge is not available, the arresting officer is
thru imprudence. duty-bound to release a detailed person, if the
maximum hours for detention had already expired.
125. The penalties provided in the next preceding Failure to cause the release may result in an offense
article shall be imposed upon the public officer or under Art. 125
employee who shall detain any person for some legal o Before the complaint or information is filed, the
ground and shall fail to deliver such person to the person arrested may ask for a preliminary
proper judicial authorities within the period of: investigation in accordance with this Rule, but he
A. 12 hours—for crimes or offenses punishable by must sign a waiver of the provisions of Art. 125 of
light penalties, or their equivalent the RPC in the presence of his counsel
B. 18 hours—for crimes or offenses punishable by  Circumstances considered in determining liability of
officer detaining a person beyond legal period
correctional penalties, or their equivalent
1. The means of communication as well as
C. 36 hours—for crimes or offenses punishable by
2. The hour of arrest and
afflictive or capital penalties, or their equivalent 3. Other circumstances such as the time of surrender
In every case, the person detained shall be informed of and the material possibility for the fiscal to make the
the cause of his detention and shall be allowed upon his investigation and file in time the necessary
request, to communicate and confer at any time with information
his attorney or counsel.  The failure of the arresting officer to deliver the
 Elements: person arrested to the judicial authority within the
1. That the offender is a public officer or employee time specified does not affect the legality of the
2. That he has detained a person for some legal ground confinement of the petitioner who is detained because
3. The he fails to deliver such person to the proper of the warrant subsequently issued by a competent
judicial authorities within: court when an information was filed therein
a. 12 hours—punishable by light penalties, or its o A violation of Art. 125 is not considered as one of
equivalent the grounds on which one can predicate a motion to
quash the information
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o The illegality of detention is not cured by the filing  The public officers who are most likely to commit the
of the information in court offense penalized in Art. 126 are the wardens and peace
 If the city fiscal does not file the information within officers temporarily in charge of the custody of
the period prescribed and the arrest officer continues prisoners or detained persons
holding the prisoner beyond the period, the fiscal will
not be responsible for violation of said Art. 125 127. The penalty of prision correccional shall be
 Rights of the person detained: imposed upon any public officer or employee who, not
1. He shall be informed of the cause of his detention being thereunto authorized by law, shall expel any
2. He shall be allowed, upon his request, to person from the Philippine Islands or shall compel such
communicate and confer at anytime with his person to change his residence.
attorney or counsel
 2 acts punishable under Art. 127:
 Public officer or employee is liable for preventing the 1. By expelling a person from the Phils.
exercise of the right of attorney or counsel 2. By compelling a person to change his residence
 Art. 125 intended to prevent any abuse resulting from  Elements:
confining a person without informing him of his 1. The offender is a public officer or employee
offense and without permitting him to go on bail 2. He expels any person from the Phils., or compels a
Article 124 Article 125 person to change his residence
Detention is illegal from the Detention is legal in the 3. The offender is not authorized to do so by law
beginning beginning but illegality of  Only the court by final judgment can order a person to
the detention starts from change his residence—ejectment proceedings,
the expiration of any of the expropriation proceedings, and in the penalty of
periods of time specified destierro
without the detained
prisoner detained having Section 2: Violation of domicile
been delivered to the
proper judicial authority 128. The penalty of prision correccional in its minimum
period shall be imposed upon any public officer or
126. The penalties provided for in Art. 124 shall be employee who, not being authorized by judicial order,
imposed upon any public officer or employee who shall enter any dwelling against the will of the owner
delays for the period of time specified therein the thereof, search papers or other effects found therein
performance of any judicial or executive order for the without the previous consent of such owner, or having
release of a prisoner or detention prisoner, or unduly surreptitiously entered said dwelling, and being
delays the service of the notice of such order to said required to leave the premises, shall refuse to do so.
prisoner or the proceedings upon any petition for the If the offense be committed in the night-time, or if any
liberation of such person. papers or effects not constituting evidence of a crime
 3 acts punishable under Art. 126 be not returned immediately after the search made by
1. By delaying the performance of a judicial or the offender, the penalty shall be prision correccional in
executive order for the release of a prisoner its medium and maximum periods.
2. By unduly delaying the service of the notice of such  Acts punishable under Art. 128:
order to said prisoner 1. By entering any dwelling against the will of the
3. By unduly delaying the proceedings upon any owner thereof
petition for the liberation of such person 2. By searching papers or other effects found therein
 Elements: without the previous consent of such owner
1. The offender is a public officer or employee 3. By refusing to leave the premises, after having
2. There is judicial or executive order for the release of surreptitiously entered said dwelling and after having
a prisoner or detention prisoner, or that there is a been required to leave
proceeding upon a petition for the liberation of such  Elements common to 3 acts:
person 1. The offender is a public officer or employee
3. The offender without god reason delays: 2. He is not authorized by judicial order to enter the
a. The service of the notice of such order to the dwelling and/or to make a search therein for papers
prisoner or other effects
b. The performance of such judicial or executive  If the offender is a private individual—trespass to
order for the release of the prisoner dwelling
c. The proceedings upon a petition for the release of
such person

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 A public officer or employee is authorized by judicial  Elements of procuring a search warrant without just
order when he is armed with a search warrant duly cause:
issued by the court 1. The offender is a public officer or employee
o No amount of incriminating evidence, whatever its 2. He procures a search warrant
source, will supply the place of search warrant 3. There is no just cause
 The entrance by the public officer must be against the  Search warrant—an order in writing issued in the
will of the owner of the dwelling, which presupposes name of the People of the Phils., signed by a judge and
opposition or prohibition by said owner, whether directed to a peace officer, commanding him to search
express or implied for personal property described therein and bring it
o If the entrance by the public officer is only without before the court
the consent of the owner of the dwelling, the crime  A search warrant may be issued for the search and
is not committed seizure of the following personal property:
 An officer, in order to make an arrest either by virtue 1. Subject of the offense
of a warrant or without as provided in Sec. 5, may 2. Stolen or embezzled and other proceeds or fruits of
break into any building or enclosure where the person the offense
to be arrested is or is reasonably believed to be, if he is 3. Used or intended to be used as the means of
refused admittance thereto after announcing his committing an offense
authority and purpose  Requisites for issuing a search warrant:
 When detective secured the previous consent of the o It shall not issue except upon probable cause in
owner of the house to search without warrant, they are connection with one specific offense to be
not liable determined personally by the judge after
o When one voluntarily submits to a search or examination under oath or affirmation of the
consents to have it made upon his person or complainant and the witnesses he may produce, and
premises, he is precluded from later complaining particularly describing the place to be searched and
thereof the things to be seized which may be anywhere in
o Silence of the owner of the dwelling before and the Phils.
during the search, without search warrant by a  The officer, if refused admittance to the place of
public officer, may show implied waiver directed search after giving notice of his purpose and
 If it is limited to looking only, it cannot be strictly authority, may break open any outer or inner door or
considered as the search of papers and other effects window of a house or any part of a house or anything
punished by Art. 128 therein to execute the warrant or liberate himself or
o If it is inspecting without search warrant, it is a any person lawfully aiding him when unlawfully
violation of domicile detained therein
 Papers or other effects mentioned must be found in  No search of a house, room or any other premises
the dwelling shall be made except in the presence of the lawful
 Circumstances qualifying the offense: occupant thereof or any member of his family or in
1. The offense is committed at nighttime the absence of the latter, in the presence of 2 witnesses
2. If any papers or effects not constituting evidence of of sufficient age and discretion residing in the same
a crime are not returned immediately after the search locality
made by the offender  A search warrant shall be valid for 10 days from its
date
129. In addition to the liability attaching to the offender  The officer seizing property under the warrant must
for the commission of any other offense, the penalty of give a detailed receipt for the same to the lawful
arresto mayor in its maximum period to prision occupant of the premises and leave a receipt in the
correccional in its minimum period and a fine not place in which he found the seized property
exceeding 1,000 pesos shall be imposed upon any public  Probable cause—such facts and circumstances which
officer or employee who shall procure a search warrant would lead a reasonably discreet and prudent man to
without just cause, or, having legally procured the believe than an offense has been committed and that
the object sought in connection with the offense are in
same, shall exceed his authority or use unnecessary
the place sought to be searched
severity in executing the same.
 A search warrant is said to have been procured
 Acts punishable in connection with search warrants: without just cause when it appears on the face of the
1. By procuring a search warrant without just cause affidavits filed in support of the application therefor,
2. By exceeding his authority or by using unnecessary or through other evidence, that the applicant had
severity in executing a search warrant legally every reason to believe that the search warrant sought
procured for was unjustified

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o The true test of lack of just cause is whether the  Search without warrant under the Tariff and Customs
affidavit filed in support of the application for Code does not include a dwelling house
search warrant has been drawn in such a manner the
perjury could be charged thereon and affiant be held Section 3: Prohibition, interruption and dissolution of
liable for damages caused peaceful meetings
o The oath required must refer to the truth of the
facts within the personal knowledge of the applicant 131. The penalty of prision correccional in its minimum
for search warrant or his witnesses, not of the facts period shall be imposed upon any public officer or
reported to me by a person whom I consider to be employee who, without legal ground, shall prohibit or
reliable interrupt the holding of a peaceful meeting, or shall
 When papers or effects are obtained during reasonable dissolve the same.
searches and seizure, or under a search warrant issued
without probable cause and not in accordance with the The same penalty shall be imposed upon a public officer
procedure prescribed, or in violation of the privacy of or employee who shall hinder any person from joining
communication and correspondence, the papers or any lawful association or from attending any of its
effects thus obtained are not admissible if presented as meetings.
evidence The same penalty shall be imposed upon any public
 A person lawfully arrested may be searched for officer or employee who shall prohibit or hinder any
dangerous weapons or anything which may be used as person from addressing, either alone or together with
a proof of the commission of an offense without a others, any petition to the authorities for the correction
search warrant
of abuses or redress of grievances.
 Peace officers may enter the house of an offender who
 Acts punished in connection with peaceful meetings,
committed an offense in their presence
associations, and petitions:
 Search and seizure without search warrant of vessels 1. By prohibiting or interrupting, without legal ground,
and aircraft for violation of the customs laws have the holding of a peaceful meeting, or by dissolving
been the traditional exception to the constitutional the same
requirement of a search warrant 2. By hindering any person from joining any lawful
 Elements of exceeding authority or using unnecessary association or from attending any of its meetings
severity in executing a search warrant legally procured: 3. By prohibiting or hindering any person from
1. The offender is a public officer or employee addressing, either alone or together with others, any
2. He has legally procured a search warrant petition to the authorities for the correction of
3. He exceeds his authority or uses unnecessary abuses or redress of grievances
severity in executing the same  Elements common to the 3 acts punishable:
1. That the offender is a public officer or employee
130. The penalty of arresto mayor in its medium and 2. He performs any of the acts mentioned above
maximum periods shall be imposed upon a public  If the offender is a private individual—disturbance of
officer or employee who, in cases where a search is public order (Art. 153)
proper, shall search the domicile, papers or other  To constitute a violation of the1st par.:
belongings of any person, in the absence of the latter, 1. The meeting must be peaceful
any member of his family, or in their default, without 2. There is no legal ground for prohibiting or
the presence of two witnesses residing in the same interrupting or dissolving that meeting
locality.  The right to freedom of speech and to peacefully
 Elements: assemble is not absolute, for it may be regulated in
1. The offender is a public officer or employee order that it may not be ―injurious to the equal
2. He is armed with search warrant legally procured enjoyment of others nor injurious to the right of the
3. He searches the domicile, papers or other community or society
belongings of any person  The denial of the petition of this Art. Is not a violation
4. The owner, or any member of his family, or 2  To justify suppression of free speech, there must be
witnesses residing in the same locality are not reasonable ground to believe that the danger
present apprehended is imminent and that the evil to be
 Search—to go over or look through for the purpose prevented is a serious one
of finding something; to examine  The offender must be a stranger and not a participant
 Art. 130 does not apply to searches of vehicles or in the peaceful meeting
other means of transportation because the searches are
not made in the dwelling

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Section 4: Crimes against religious worship  There must be deliberate intent to hurt the feelings of
the faithful
 Crimes against religious worship:
1. Interruption of religious worship  Whether or not an act offends the feelings of the
2. Offending the religious feelings faithful should be viewed or judged from the latter’s
point of view, and not from that of the offender
132. The penalty of prision correccional in its minimum
period shall be imposed upon any public officer or Chapter 1: REBELLION, COUP D’ETAT, SEDITION AND
employee who shall prevent or disturb the ceremonies DISLOYALTY
or manifestations of any religion. 134. The crime of rebellion or insurrection is committed
If the crime shall have been committed with violence or by rising publicly and taking arms against the
Government for the purpose of removing from the
threats, the penalty shall be prision correccional in its
medium and maximum periods. allegiance to said Government or its laws, the territory
of the Republic of the Philippines or any part thereof, or
 Elements:
1. The offender is a public officer or employee any body of land, naval, or other armed forces, or
2. The religious ceremonies or manifestations of any depriving the Chief Executive or the Legislature, wholly
religion are about to take place or are going on or partially, of any of their powers or prerogatives.
3. The offender prevents or disturbs the same  Elements:
 Circumstance qualifying the offense—crime 1. That there be
committed with violence or threats a. Public uprising; and
 There is no provision of law which requires religious b. Taking arms against the Government
service to be conducted in approved orthodox style in 2. The purpose of the uprising or movement is either
order to merit its protection against interference and a. To remove from the allegiance to said
disturbance Government or its laws
o ―persons who meet for the purpose of religious i. The territory of the Philippines or any part
worship, by any method which is not indecent and thereof
unlawful, have a right to do so without being ii. Any body of land, naval or other armed forces
molested or disturbed‖ b. To deprive the Chief Executive or Congress,
wholly or partially, of any of their powers or
prerogatives
133. The penalty of arresto mayor in its maximum
 Rebellion—the object of the movement is completely
period to prision correccional in its minimum period
to overthrow and supersede the existing government
shall be imposed upon anyone who, in a place devoted o It evokes, not merely a challenge to the constituted
to religious worship or during the celebration of any authorities, but also civil war on a bigger or lesser
religious ceremony shall perform acts notoriously scale
offensive to the feelings of the faithful. o A crime of masses of a multitude
 Elements: o A vast movement of men and a complex net of
1. The acts complained of were performed intrigues and plots
a. In a place devoted to religious worship, or  Insurrection—a movement which seeks merely to
b. During the celebration of any religious ceremony effect some change of minor importance, or to
2. The acts must be notoriously offensive to the prevent the exercise of governmental authority with
feelings of the faithful respect to particular matters or subjects
 ―in a place devoted to religious worship—not  An actual clash of arms with the forces of the
necessary that there is a religious ceremony going on Government is not absolutely necessary
when the offender performs acts notoriously offensive o The crime of rebellion is complete the very moment
to the feelings of the faithful a group of rebels rise publicly and take arms against
 ―during the celebration‖—the religious ceremony need the Government, for the purpose of overthrowing
not be celebrated in a place of worship the same by force
 Religious ceremonies—those religious acts performed Rebellion Subversion
outside of a church, such as processions and special Crime against public order Crime against national
prayers for burying dead persons security
 Acts must be directed against religious practice or
dogma or ritual for the purpose of ridicule, as mocking Rebellion Treason
or scoffing at or attempting to damage an object of Levying of war against the Levying of war against the
religious veneration Government during peace Government coupled with
time for purposes the performance of aiding
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 10 of 75
mentioned in Art. 134 the enemy b. By concealing or destroying the body of the crime,
Always involves taking up May be committed by or the effects or instruments thereof, in order to
arms against the mere adherence to the prevent its discovery
Government enemy giving him aid or c. By harboring, concealing, or assisting in the
comfort escape of the principals of the crime
o Shall suffer the penalty of 10 years and 1 day to 12
RA 9372: Human Security Act of 2007 years of imprisonment
 Crime of Terrorism  Prosecution under this Act shall be a bar to another
o A person who commits an act punishable as prosecution under the RPC or any Special Penal Laws
rebellion or insurrection, thereby sowing and
creating a condition of widespread and extraordinary 134-A. The crime of coup d’etat is a swift attack,
fear and panic among the populace, in order to accompanied by violence, intimidation, threat, strategy
coerce the government to give in to an unlawful or stealth, directed against duly constituted authorities
demand of the Republic of the Philippines, or any military camp
 Acts punishable as Terrorism or installation, communications networks, public
1. Piracy in general and Mutiny in the High Seas or in utilities or other facilities needed for the exercise and
the Philippine Waters continued possession of power, singly or simultaneously
2. Rebellion or Insurrection carried out anywhere in the Phils. by any person or
3. Coup d’etat, including acts committed by private
persons, belonging to the military or police or holding
persons
4. Murder any public office or employment, with or without
5. Kidnapping and serious illegal detention civilian support or participation, for the purpose of
6. Crimes involving destruction or under seizing or diminishing state power.
a. The Law of Arson  Elements:
b. Toxic Substances and Hazardous and Nuclear 1. The offender is a person or persons belonging to
Waste Control Act of 1990 the military or police or holding any public office or
c. Atomic Energy Regulatory and Liability Act of employment
1968 2. It is committed by means of a swift attack
d. Anti-Hijacking Law accompanied by violence, intimidation, threat,
e. Anti-Piracy and Anti-Highway Robbery Law of strategy or stealth
1974 3. The attack is directed against duly constituted
f. Decree Codifying the Laws on Illegal and authorities of the Republic of the Philippines, or any
Unlawful Possession, manufacture, Dealing in, military camp or installation, communication
Acquisition or Disposition of Firearms, networks, public utilities or other facilities need for
Ammunitions or Explosives the exercise and continued possession of power
 Terrorism is punished by the penalty of 40 years of 4. The purpose of the attack is to seize or diminish
imprisonment without the benefit of parole state power
 Persons who conspire to commit the crime of  The crime of coup d’etat may be committed with or
terrorism shall suffer the penalty of 40 years of without civilian participation
imprisonment
 Accomplice in Terrorism 135. Any person who promotes, maintains, or head a
o Any person who, not being a principal under Art. 17 rebellion or insurrection shall suffer the penalty of
of the RPC or a conspirator, cooperates in the reclusion perpetua.
execution of either the crime of terrorism or
Any person merely participating or executing the
conspiracy to commit terrorism by previous or
simultaneous acts shall suffer the penalty of from 17 commands of others in rebellion or insurrection shall
years, 4 months, 1 day to 20 years of imprisonment suffer the penalty of reclusion temporal.
 Accessory in Terrorism Any person who leads or in any manner directs or
o Any person who, having knowledge of the commands others to undertake a coup d’etat shall
commission of terrorism or conspiracy to commit suffer the penalty of reclusion perpetua.
terrorism, and without having participated therein,
either as principals or accomplices, take part Any person in the government service who participates,
subsequent to its commission in any of the or executes directions or commands of others in
following manners: undertaking a coup d’etat shall suffer the penalty of
a. By profiting themselves or assisting the offender reclusion temporal in it maximum period.
to profit by the effects of the crime

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Any person not in the government service who 136. The conspiracy and proposal to commit coup d’etat
participates, or in any manner supports, finances, abets shall be punished by prision mayor in its minimum
or aids in undertaking a coup d’etat shall suffer the period and a fine which shall not exceed 8 thousand
penalty of prision mayor in its maximum period pesos.
When the rebellion, insurrection or coup d’etat shall be The conspiracy and proposal to commit rebellion or
under the command of unknown leaders, any person insurrection shall be punished, respectively, by prision
who in fact directed the others, spoke for them, signed correccional in its maximum period and a fine which
receipts and other documentation issued in their name, shall not exceed 5 thousand pesos, and by prision
or performed similar acts, on behalf of the rebels, shall correccional in its medium period, and a fine not
be deemed a leader of such rebellion, insurrection or exceeding 2 thousand pesos.
coup d’etat.  Two crimes defined and penalized in this Art.:
 The following are liable for rebellion, insurrection 1. Conspiracy to commit rebellion—when 2 or more
and/or coup d’etat: persons come to an agreement to rise publicly and
1. The leaders take arms against the Government for any of the
A. Any person who (a) promotes, (b) maintains, or purposes of rebellion and decide to commit it
(c) heads a rebellion or insurrection; or 2. Proposal to commit rebellion—when the person
B. Any person who (a) leads, (b) directs, or (c) who has decided to rise publicly and take arms
commands others to undertake a coup d’etat against the Government for any of the purposes of
2. The participants rebellion proposes its execution to some other
A. Any person who (a) participates, or (b) executes person or persons
the commands of others in rebellion, or
insurrection 137. The penalty of prision correccional in its minimum
B. Any person in the government service who (a) period shall be imposed upon public officers or
participates, or (b) executes directions or employees who have failed to resist a rebellion by all
commands of others in undertaking a coup d’etat the means in their power, or shall continue to discharge
C. Any person not in the government service who (a) the duties of their offices under the control of the
participates, (b) supports, (c) finances, (d) abets, or
rebels or shall accept appointment to office under
(e) aids in undertaking a coup d’etat
them.
 It is not a defense that the accused never took the
oath of allegiance to, or that they never recognized  Acts of disloyalty that are punished:
the Government 1. By failing to resist a rebellion by all the means in
their power
 Thos who killed person in pursuance of the
2. By continuing to discharge the duties of their offices
movement to overthrow the government are liable
under the control of the rebels
for rebellion only
3. By accepting appointment to office under them
o There is no complex crime of rebellion
o Any or all of the acts described in Art. 135,  The crime of disloyalty of public officers presupposes
when committed as means to or furtherance of the existence of rebellion by other persons
the subversive ends described in Art. 134,  The public officer or employee who performs any of
become absorbed in the crime of rebellion and the acts of disloyalty should mo be in conspiracy with
cannot be regarded or penalized as distinct the rebels
crimes in themselves
o Hernandez remains binding doctrine operating 138. The penalty of prision mayor in its minimum period
to prohibit the complexing of rebellion with any shall be imposed upon any person who, without taking
other offense committed on the occasion arms or being in open hostility against the Government,
thereof, either as a means to its commission or shall incite others to the execution of any of the acts
as an unintended effect of an activity that specified in Art. 124 of this Code, by means of speeches,
constitutes rebellion proclamations, writings, emblems, banners or other
 Membership in a rebel organization does not representations tending to the same end.
automatically qualify criminal acts as absorbed in  Elements:
rebellion 1. The offender does not take arms or is not in open
 Political crimes—those directly aimed against the hostility against the Government
political order, as well as such common crimes as 2. He incites others to the execution of any of the acts
may be committed to achieve a political purpose. of rebellion
o The decisive factor is the intent or motive

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3. The inciting is done by means of speeches, e. To despoil, for any political or social end, any
proclamations, writings, emblems, banners or other person, municipality or province, or the National
representations tending to the same end Government of all its property or any part
Inciting to rebellion Proposal to commit thereof.
rebellion  Sedition—the raising of commotion or disturbances in
Offender induces another to commit rebellion the State
The crime of rebellion should not be actually committed o The ultimate object of sedition is a violation of the
by the persons to whom it is proposed or incited public peace or at least such a course of measures as
Not required that the The person who proposes evidently engenders it
offender has decided to has decided to commit Rebellion Sedition
commit rebellion rebellion There must be public uprising
The act of inciting is done The person who proposes There must be taking up of It is sufficient that the
publicly the execution of the crime arms against the public uprising is
uses secret means Government tumultuous
The purpose is always The purpose of the
139. The crime of sedition is committed by persons who political offenders may be political
rise publicly and tumultuously in order to attain by or social
force, intimidation, or by other means outside of legal
Treason Sedition
methods, any of the following objects:
The ―violation by a subject The ―raising of
1. To prevent the promulgation or execution of any
of his allegiance to his commotions or
law or the holding of any popular election sovereign or liege, lord, or disturbances in the State‖
2. To prevent the National Government, or any to the supreme authority of
provincial or municipal government, or any public the State‖
officer thereof from freely exercising its or his  The disturbance shall be deemed to be tumultuous if
functions, or prevent the execution of any caused by more than 3 persons who are armed or
administrative order provided with means of violence
3. To inflict any act of hate or revenge upon the
person or property of any public officer or 140. The leader of a sedition shall suffer the penalty of
employee prision mayor in its minimum period and a fine not
4. To commit, for any political or social end, any act exceeding 10,000 pesos.
of hate or revenge against private persons or any Other persons participating therein shall suffer the
social class; and penalty of prision correccional in its maximum period
5. To despoil, for any political or social end, any and a fine not exceeding 5,000 pesos.
person, municipality or province, or the National
Government (or the Government of the United 141. Persons conspiring to commit the crime of sedition
States) of all its property or any part thereof. shall be punished by prision correccional in its medium
 Elements: period and a fine not exceeding 2 thousand pesos.
1. The offender rise (a) publicly, and (b) tumultuously
 There is no proposal to commit sedition; hence, it is
2. They employ force, intimidation, or other means
not punishable.
outside of legal methods
3. The offenders employ any of those means to attain
any of the following objects: 142. The penalty of prision correccional in its maximum
a. To prevent the promulgation or execution of any period and a fine not exceeding 2 thousand pesos shall
law or the holding of any popular election be imposed upon any person who, without taking any
b. To prevent the National Government, or any direct part in the crime of sedition, should incite others
provincial or municipal government, or any public to the accomplishment of any of the acts which
officer thereof from freely exercising its or his constitute sedition, should incite others to the
functions, or prevent the execution of any accomplishment of any of the acts which constitute
administrative order sedition, by means of speeches, proclamations,
c. To inflict any act of hate or revenge upon the writings, emblems, cartoons, banners, or other
person or property of any public officer or representations tending to the same end, or upon any
employee
person or persons who shall utter seditious words or
d. To commit, for any political or social end, any act
speeches, write, publish, or circulate scurrilous libels
of hate or revenge against private persons or any
social class; and against the Government (of the United States or the

Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 13 of 75


Government of the Commonwealth) of the Philippines,  It is not necessary, in order to be seditious, that the
or any of the duly constituted authorities thereof, or words used should in fact result in a rising of the
which tend to disturb or obstruct any lawful officer in people against the constituted authorities
executing the functions of his office, or which tend to  Two rules relative to seditious words:
instigate others to cabal and meet together for unlawful 1. The clear and present danger rule
purposes, or which suggest or incite rebellious o The words must be of such a nature that by
conspiracies or riots, or which lead or tend to stir up the uttering them there is a danger of a public uprising
people against the lawful authorities or to disturb the and that such danger should be both clear and
imminent
peace of the community, the safety and order of the
o There must be reasonable ground to believe that
Government, or who shall knowingly conceal such evil the danger apprehended is imminent and that the
practices. evil to be prevented is a serious one where there
 Different acts of inciting to sedition: must be the probability of serious injury to the
1. Inciting others to the accomplishment of any of the State
acts which constitute sedition by means of speeches, 2. The dangerous tendency rule
proclamations, writings, emblems, etc. o If the words used tend to create a danger of public
2. Uttering seditious words or speeches which tend to uprising or easily produce disaffection among the
disturb the public place people and a state of feeling in them incompatible
3. Writing, publishing, or circulating scurrilous libels with a disposition to remain loyal to the
against the Government or any of the duly Government and obedient to the laws
constituted authorities thereof, which tend to  Unlawful rumor-mongering and spreading false
disturb the public peace information—
 Elements: (inciting to sedition to accomplish any of its o Committed by any person who shall offer, publish,
object) distribute, circulate and spread rumors, false news
1. The offender does not take direct part in the crime and information and gossip, or cause the
of sedition publication, distribution, circulation or spreading of
2. He incites others to the accomplishment of any of the same, which cause or tend to cause panic,
the acts which constitute sedition divisive effects among the people, discredit of or
3. The inciting is done by means of speeches, distrust for the duly constituted authorities,
proclamations, writings, emblems, cartoons, undermine the stability of the Government and the
banners, or other representations tending to the objectives of the New Society, endanger the public
same end order, or cause damage to the interest or credit of
 Scurrilous—low, vulgar, mean or foul the State
 Writings which tend to overthrow or undermine the o The penalty is prision correccional or 6 months and 1
security of the government or to weaken the day to 6 years imprisonment
confidence of the people in the government are o If the offender is a government official or employee,
against the public peace, and are criminal not only the accessory penalty of absolute perpetual
because they tend to incite to a breach of the peace disqualification from holding any public office shall
but because they are conducive to the destruction of be imposed
the government itself
 Uttering seditious words or speeches and writing, Chapter 2: CRIMES AGAINST POPULAR
publishing or circulating scurrilous libels are REPRESENTATION
punishable, when— What are the crimes against popular representation?
1. They tend to disturb or obstruct any lawful officer 1. Acts tending to prevent the meeting of the National
in executing the functions of his office Assembly and similar bodies (Art. 143)
2. They tend to instigate others to cabal and meet 2. Disturbance of proceedings (Art. 144)
together for unlawful purposes 3. Violation on parliamentary immunity (Art. 145)
3. They suggest to incite rebellious conspiracies or riots
4. They lead or tend to stir up the people against the
Section 1: Crimes against legislative bodies and similar
lawful authorities or to disturb the peace of the
community, the safety and order of the Government bodies
 ―knowingly concealing such evil practices‖—ordinarily 143. The penalty of prision correctional or a fine ranging
an act of the accessory after the fact, but under this from 200 to 2000 pesos, or both, shall be imposed upon
provision, the act is treated and punished as that of the any person who, by force or fraud, prevents the
principal meeting of the National Assembly (Congress of the
Philippines) or of any of its committee or sub-
committees, constitutional commissions or committees
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 14 of 75
or divisions thereof, or of any provincial board or city or committees or sub-committees, constitutional
municipal council or board. commissions or committees or divisions thereof, from
 Elements: expressing his opinions or casting his vote; and the
1. That there be a projected or actual meeting of the penalty of prision correccional shall be imposed upon
National Assembly or any of its committees or sub- any public officer or employee who shall, while the
committees, constitutional commissions or Assembly (Congress) is in regular or special session,
committees or divisions thereof, or of any provincial arrest or search any member thereof, except in case
board or city or municipal council or board. such member has committed a crime punishable under
2. That the offender who may be any person prevents
this Code by a penalty higher than prision mayor.
such meeting by force or fraud
 Acts punishable:
 Chief of police and mayor who prevented the meeting
1. By using force, intimidation, threats, or frauds to
of the municipal council are liable under Art. 143,
prevent any member of the National assembly from
when the defect of the meeting is not manifest and
a. Attending the meetings of the Assembly or of any
requires an investigation before its existence can be
of its committees or sub-committees,
determined
constitutional commissions or committees or
divisions thereof, or of any provincial board or
144. The penalty of arresto mayor or a fine from 200 to city or municipal council or board. or sub-
1000 pesos shall be imposed upon any person who committees, constitutional commissions or
disturbs the meetings of the National Assembly committees or divisions thereof, or from
(Congress of the Philippines) or of any of its committees b. Expressing his opinions, or
or sub-committees, constitutional commissions or c. Casting his vote
committees or divisions thereof, or of any provincial o Elements:
board or city or municipal council or board, or in the 1) The offender uses force, intimidation, threats
presence of any such bodies should behave in such or fraud
manner as to interrupt its proceedings or to impair the 2) That the purpose of the offender is to prevent
respect due it. any member of the National Assembly
from—
 Elements:
a. Attending the meetings of the National
1. That there be a meeting of the National Assembly
Assembly or any of its committees or
or any of its committees or sub-committees,
constitutional commissions, etc.; or
constitutional commissions or committees or
b. Expressing his opinions; or
divisions thereof, or of any provincial board or city
c. Casting his vote
or municipal council or board.
2. By arresting or searching any member thereof while
2. That the offender does any of the following acts:
the National Assembly is in regular or special
a. He disturbs any of such meetings
session, except in case such member has committed
b. He behaves while in the presence of any such
a crime punishable under the Code by a penalty
bodies in such a manner as to interrupt its
higher than prision mayor.
proceedings or to impair the respect due it
o Elements:
 The complaint for disturbance of proceedings may be 1) The offender is a public officer or employee
commenced upon the written complaint of a member 2) He arrests or searches any member of the
of the Municipal Board where the proceedings of National Assembly
which were disturbed or interrupted although such 3) That the Assembly, at the time of arrest or
member was not authorized by the rules or a search, is in regular or special session
resolution of the Board 4) That the member arrested or searched has not
 The implied power to punish for contempt of the committed a crime punishable under the Code
National Assembly is coercive in nature. The power to by a penalty higher than prision mayor
punish crimes is punitive in character. Thus, the same  ―to prevent any member xxx from attending‖—not
act could be made the basis for contempt proceedings necessary that a member of the Assembly is actually
and for criminal prosecution prevented. It is sufficient that the offender has the
purpose to prevent a member of the National
Section 2: Violation of parliamentary immunity Assembly from exercising any of his such prerogatives
145. The penalty of prision mayor shall be imposed  Parliamentary immunity—guarantees the legislator
upon any person who shall use force, intimidation, complete freedom of expression without fear of being
threats or fraud to prevent any member of the National made responsible in criminal or civil actions before the
Assembly (Congress of the Philippines) from attending courts or any other forum outside of the
the meetings of the Assembly (Congress) or of any of its Congressional Hall. But it does not protect him from
responsibility before the legislative body itself
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 15 of 75
whenever his words and conduct are considered by the b. That the audience, whether armed or not, is
latter disorderly or unbecoming of a member thereof incited to the commission of the crime of treason,
 Sec. 11 Art. 6 of the Constitution: ―A Senator or rebellion, or insurrection, sedition or direct assault
Member of the House of Representatives shall, in all  The persons present at the meeting must be armed to
offense punishable by not more than 6 years constitute the first form of illegal assembly but not all
imprisonment, be privileged from arrest while the the persons present at the meeting must be armed
Congress is in session. No member shall be o Those unarmed persons present at the meeting is
questioned nor be held liable in any other place for still liable where the penalty of arresto mayor is
any speech or debate in the Congress or in any imposed
committee thereof‖  ―any meeting in which the audience is incited to the
 To be consistent with the 1987 Constitution, the commission of the crime of‖—the audience is actually
phrase ―by a penalty higher than prision mayor‖ in Art. incited to the commission of the crimes
145 should be amended to read: ―by the penalty of  If in a meeting, the audience is incited to the
prision mayor or highr‖ commission of rebellion or sedition, the crimes
committed are
Chapter 3: ILLEGAL ASSEMBLIES AND ASSOCIATIONS 1. Illegal assembly as regards:
146. The penalty of prision correccional in its maximum a. The organizers or leaders; and
b. Persons merely present; and
period to prision mayor in its medium period shall be
2. Inciting to rebellion or sedition insofar as the one
imposed upon the organizers or leaders of any meeting inciting them is concerned
attended by armed persons for the purpose of
 Persons liable for illegal assembly:
committing any of the crimes punishable under this 1. The organizers or leaders of the meeting
Code, or of any meeting in which the audience is incited 2. Persons merely present at the meeting—they must
to the commission of the crime of treason, rebellion or have a common intent to commit the felony of
insurrection, sedition or assault upon a person in illegal assembly; the absence of such intent may
authority or his agents. Persons merely present at such exempt the person present from criminal liability
meeting shall suffer the penalty of arresto mayor,  Responsibility of persons merely present at the
unless they are armed, in which case the penalty shall meeting:
be prision correccional. 1. If they are not armed, the penalty is arresto mayor
2. If they carry arms, like bolos or knives, or licensed
If any person present at the meeting carries an firearms, the penalty is prision correccional
unlicensed firearm, it shall be presumed that the  If any person present at the meeting carries an
purpose of said meeting, insofar as he is concerned, is unlicensed firearm:
to commit acts punishable under this Code, and he shall 1. It is presumed that the purpose of the meeting
be considered a leader or organizer of the meeting insofar as he is concerned, is to commit acts
within the purview of the preceding paragraph. punishable under the Code; and
As used in this article, the word “meeting” shall be 2. He is considered a leader or organizer of the
meeting
understood to include a gathering or group, whether in
a fixed place or moving.
147. The penalty of prision correccional in its minimum
 Illegal Assemblies:
and medium periods and a fine not exceeding 1000
1. Any meeting attended by armed persons for the
purpose of committing any of the crimes punishable pesos shall be imposed upon the founders, directors,
under the Code. and president of associations totally or partially
a. That there is a meeting, a gathering or group of organized for the purpose of committing any of the
persons, whether in a fixed place or moving crimes punishable under this Code or for some purpose
b. That the meeting is attended by armed persons contrary to public morals. Mere members of said
c. That the purpose of the meeting is to commit any associations shall suffer the penalty of arresto mayor.
of the crimes punishable under the Code  Illegal associations:
2. Any meeting in which the audience, whether armed 1. Associations totally or partially organized for the
or not, is incited to the commission of the crime of purpose of committing any of the crimes punishable
treason, rebellion, or insurrection, sedition, or under the Code
assault upon a person in authority or his agents 2. Associations totally or partially organized for some
a. That there is a meeting, a gathering or group of purpose contrary to public morals.
persons, whether in a fixed place or moving  Persons liable for illegal association:
1. Founders, directors and president of the association
2. Mere members of the association
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 16 of 75
Illegal Assembly Illegal Association Chapter 4: ASSAULT UPON, AND RESISTANCE AND
Necessary that there is an Not necessary that there be DISOBEDIENCE TO, PERSONS IN AUTHORITY AND
actual meeting or assembly an actual meeting THEIR AGENTS
of armed persons
Crimes punished:
It is the meeting and It is the act of forming or
1. Direct Assaults (Art. 148)
attendance at such meeting organizing and membership
2. Indirect Assaults (Art. 149)
that are punished in the association that are
3. Disobedience to the National Assembly (Art. 150)
punished
4. Resistance and Disobedience (Art. 151)
The persons liable are: The persons liable are:
5. Persons in Authority and Agents of Persons in
1. The organizers or 1. The founders, directors
Authority (Art. 152)
leaders of the meeting and president; and
2. The persons present at 2. The members
the meeting 148. Any person or persons who, without a public
uprising, shall employ force or intimidation for the
 There is currently no law which punishes subversion
attainment of any of the purposes enumerated in
 Acts punished under the Anti-Subversion Act:
1. Knowingly, willfully and by overt acts defining the crimes of rebellion and sedition, or shall
a. Affiliating oneself with attack, employ force, or seriously intimidate or resist
b. Becoming, or any person in authority or any of his agents, while
c. Remaining a member of the Communist Party of engaged in the performance of official duties, or on
the Philippines and/or its successors or of any occasion of such performance, shall suffer the penalty
subversive association as define in Sec. 2 of this of prision correccional in its medium and maximum
Act periods and a fine not exceeding 1000 pesos, when the
2. Conspiring with any other person to overthrow the assault is committed with a weapon or when the
Government of the Republic of the Philippines or offender is a public officer or employee, or when the
the government of any of its political subdivisions offender lays hands upon a person in authority. If none
by force, violence, deceit, subversion or other illegal of these circumstances be present, the penalty of
means, for the purpose of placing such government
prision correccional in its minimum period and a fine
or political subdivision under the control and
domination of any alien power; and not exceeding 500 pesos shall be imposed.
3. Taking up arms against the Government, the  Additional penalty for attacking ambassadors or
offender being a member of the Communist Party ministers:
or of any subversive association as defined in Sec. 2 o Any person who assaults, strikes, wounds or in any
of this Act other manner offers violence to the person of an
 Subversive associations and organizations—any ambassador or a public minister, in violation of the
association, organization, political party, or group of law of nations, shall be imprisoned not more than 3
persons organized for the purpose of overthrowing years and fined not exceeding 200 pesos, in the
the Government of the Republic of the Philippines or discretion of the court, in addition to the penalties
for the purpose of removing from the allegiance to that may be imposed under the RPC.
said government or its laws, the territory of the Direct Assault Ordinary Assault
Philippines or any part thereof, with the open or Crime against public order Crime against persons
covert assistance or support of a foreign power by under Arts. 236 to 266
force, violence, deceit or other illegal means Triable by the CFI (now
Subversion Rebellion the RTC)
Punishes affiliation or Committed by rising  2 ways of committing the crime of direct assaults:
membership in a subversive publicly and taking up arms 1. Without public uprising, by employing force or
organization against the Government for intimidation for the attainment of any of the
any purposes defined in purposes enumerated in defining the crimes of
Art. 134 of the RPC rebellion and sedition
Mere membership in a There must be a public 2. Without public uprising, by attacking, by employing
subversive association is uprising and taking of arms force, or by seriously intimidating or seriously
sufficient, and the taking up against the Government resisting any person in authority or any of his agents,
arms is but a circumstance while engaged in the performance of official duties,
which raises the penalty to or on the occasion of such performance
be imposed upon the  Elements of the 1st form of direct assault:
offender 1. The offender employs force or intimidation

Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 17 of 75


2. The aim of the offender is to attain any of the of some court or governmental corporation, board or
purposes of the crime of rebellion or any of the commission
objects in the crime of sedition o A barangay captain and a barangay chairman
3. That there is no public uprising o Division superintendent of schools
 Under the 1st form, the offended party may be a o President of Sanitary Division
private individual or person belonging to a social class o Teachers, professors, and persons charged with the
and preventing by force the holding of a popular supervision of public or duly recognized private
election, without public uprising, is direct assault schools, colleges and universities
 Elements of the 2nd form of direct assault:  The spirit and purpose behind Comm. Act. 578 is
1. The offender (a) makes an attack, (b) employs force, to give teachers protection, dignity and respect
(c) makes a serious intimidation, or (d) makes a while in the performance of their official duties
serious resistance  ―directly vested with jurisdiction‖—meant ―the power
2. The person assaulted in a person in authority or his or authority to govern and execute the laws‖ where
agent such powers and duties vested in him by law should be
3. That at the time of the assault, the person in determined
authority or his agent  An agent of a person in authority—one who, by direct
a. Is engaged in the actual performance of official supervision of law or by election or by appointment by
duties, or that he is assaulted competent authority, is charged with the maintenance
b. By reason of the past performance of official of public order and the protection and security of life
duties and property; where their functions must be clearly
4. The offender knows that the one he is assaulting is a shown in the information
person in authority or his agent in the exercise of his o Barrio councilman, barrio policemen, and barangay
duties leader
5. That there is no public uprising o Any person who comes to the aid of persons in
 "attack‖—includes any offensive or antagonistic authority
movement or action of any kind o Policemen
 ―employ force‖—the force employed must be a o Municipal treasurer—an deputy ex oficio of the
serious character as to indicate determination to defy provincial treasurer
the law and its representative at all hazards (this is if o Postmaster—an agent of the Director of Posts
the offended party is only an agent of a person in o Rural policemen—duly appointed by the Mayor
authority) o Sheriff
o The force employed need not be serious when the o Agents of the Bureau of Internal Revenue
offended party is a person in authority o Malacanang confidential agent
o The penalty is even higher when ―the offender lays o Barangay Chief Tanod
hands upon a person in authority‖  Not in the performance of official duties:
 ―seriously‖—describes the words ―intimidate‖ and a. A person in authority or his agent who exceeds his
―resist‖ power or acts without authority
 The law, with regard to intimidation or resistance as b. When the agent of authority makes unnecessary use
other constitutive element of assault, expressly require of force or violence to make him respected, he goes
that the be serious beyond the limits of his powers and from that
 Resistance: moment, he acts as a private person
1. Passive—when the one who is placed under arrest c. When the offender and the offended party, who are
throws himself on the ground and the resistance both persons in authority or their agents, descend to
makes it necessary to raise him up or drag him along matters which are private in nature
to jail  An assault upon a person in authority may be
2. Active—resistance needed in direct assault because committed by another person in authority as Art. 148
of the need of its gravity makes it an aggravating circumstance when the
 When the constitutive element of direct assault is offender is a ―public officer or employee‖
intimidation, it must be serious whether the offended  The knowledge of the accused that the victim is a
party is an agent only or he is a person in authority person in authority or his agent is essential because the
 The intimidation must produce its effect immediately, accused must have the intention to offend, injure, or
for if the threats be of some future evil, the act would assault the offended party as such
not be an assault o The information must allege such knowledge
o Defendant must have the intention to defy the
 Person in authority—any person directly vested with
authorities
jurisdiction, whether as an individual or as a member
 ―on occasion of such performance‖—impelling
motive of the attack is the performance of official duty
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 18 of 75
o Hence, it is not necessary that the person in 150. The penalty of arresto mayor or a fine ranging from
authority who was assaulted was actually performing 200 to 1000 pesos, or both such fine and imprisonment,
official duties shall be imposed upon any person who, having been
o If the motives that induced the guilty parties to duly summoned to attend as a witness before the
commit the assaults are the acts performed by such National Assembly, its special or standing committees
person in authority or by his agents, whether such
and subcommittees, the Constitutional Commission and
acts immediately preceded the assault or took place
some time prior thereto, the crime is committed on its committees, subcommittees, or divisions, or before
the occasion of the performance of public official any commission or committee chairman or member
duties and, consequently, the characteristic elements authorized to summon witnesses, refuses, without legal
of assault exist excuse to obey such summons, or being present before
 The evidence of motive is important in direct assault any such legislative or constitutional body or official,
when the person in authority or his agent who is refuses to be sworn or placed under affirmation or to
attacked or seriously intimidated is not in the actual answer any legal inquiry or to produce any books,
performance of his official duty papers, documents, or records in his possession, when
o But when a person in authority or his agent is in the required by them to do so in the exercise of their
actual performance of his official duty, the motive of functions. The same penalty shall be imposed upon any
the offender is immaterial person who shall restrain another from attending as a
 2 kinds of direct assault of the 2nd form: witness, or who shall induce disobedience to a
1. Simple assault summons or refusal to be sworn by any such body or
2. Qualified assault official.
a. When the assault is committed with a weapon
b. When the offender is a public officer or employee  Acts punished as disobedience to the National
c. When the offender lays hands upon a person in Assembly or its committee or Constitutional
authority commission
1. By refusing, without legal excuse, to obey summons
 ―weapons‖—includes not only firearms and sharp or of the National Assembly, its special or standing
cutting instruments but also stones, clubs, and any committees and subcommittees, the Constitutional
other object with which some physical injury may be
commissions and its committees, subcommittees or
inflicted divisions, or by any commission or committee
 The crime of slight physical injuries is absorbed in chairman or member authorized to summon
direct assault witnesses
2. By refusing to be sworn or placed under affirmation
149. The penalty of prision correccional in its minimum while being before such legislative or constitutional
and medium periods and a fine not exceeding 500 pesos body or official
shall be imposed upon any person who shall make use 3. By refusing to answer any legal inquiry or to
of force or intimidation upon any person coming to the produce any books, papers, documents, or records
aid of the authorities or their agents on occasion of the in his possession, when required by them to do so in
commission of any of the crimes defined in the next the exercise of their functions
preceding article 4. By restraining another from attending as a witness in
 Elements: such legislative or constitutional body
1. That a person in authority or his agent is the victim 5. By inducing disobedience to a summons or refusal
of any of the forms of direct assault defined in Art. to be sworn by any such body or official
148  Any of the acts punished by Art. 150 may also
2. That a person comes to the aid of such authority or constitute contempt of the National Assembly
his agent  The power of inquiry—with proves to enforce it—is
3. That the offender makes use of force or an essential and appropriate auxiliary to the legislative
intimidation upon such person coming to the aid of functions
the authority or his agent
 Indirect assault can be committed only when direct 151. The penalty of arresto mayor and a fine not
assault is also committed exceeding 500 pesos shall be imposed upon any person
 A private person who comes to the rescue of an who not being included in the provisions of the
authority or his agent enjoys the privileges of the preceding articles shall resist or seriously disobey any
latter, and any person who uses force or intimidation person in authority, or the agents of such person, while
upon such person under the circumstances is guilty of engaged in the performance of official duties.
indirect assault

Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 19 of 75


When the disobedience to an agent of a person in Direct Assault Resistance or Serious
authority is not of a serious nature, the penalty of Disobedience
arresto menor or a fine ranging from 10 to 10 pesos The person in authority or The person in authority or
shall be imposed upon the offender. his agent must be engaged his agent must be in actual
 Elements of resistance and serious disobedience: (par. in the performance of performance of his duties
1) official duties or that he is
1. That a person in authority or his agent is engaged in assaulted by reason thereof
the performance of official duty or gives a lawful (2nd form) is committed in Committed only by
order to the offender 4 ways: resisting or seriously
2. The offender resists or seriously disobeys such 1. By attacking disobeying a person in
person in authority or his agent 2. By employing force authority or his agent
3. The act of the offender is not included in the 3. By seriously
provisions of Arts. 148, 149 and 150 intimidating
4. By seriously resisting a
 ―crime of resistance and disobedience‖—consists in a
person in authority or
failure to comply with orders directly issued by the
his agent
authorities in the exercise of their official duties
There is force employed, but the use of force in resistance
 The person in authority or the agent of such person is not so serious, as there is no manifest intention to defy
must be in the actual performance of his official duties the law and the officers enforcing it; but when the one
 The disobedience contemplated consists in the failure resisted is a person in authority, the use of any kind or
or refusal to obey a direct order degree of force will give rise to direct assault
 The accused must have knowledge that the person
arresting him is a peace officer 152. In applying the provisions of the preceding and
 Elements of simple disobedience: (par. 2) other articles of this Code, any person directly vested
1. That an agent of a person in authority is engaged in with jurisdiction, whether as an individual or as a
the performance of official duty or gives a lawful member of some court or government corporation,
order to the offender
board, or commission, shall be deemed a person in
2. That the offender disobeys such agent of a person in
authority authority. A barangay captain and a barangay chairman
3. Such disobedience is not of a serious nature shall also be deemed a person in authority.
 In simple disobedience, the offended party must be Any person who, by direct provision of law or by
only an agent of a person in authority election or by appointment by competent authority, is
 The order must be lawful; otherwise, the resistance is charged with the maintenance of public order and the
justified protection and security of life and property, such as a
 The disobedience should not be of a serious nature barrio councilman, barrio policeman and barangay
because if it is, the offender should be punished under leader, and any person who comes to the aid of persons
par. 1 of Art. 151 and not of simple disobedience in authority, shall be deemed an agent of a person in
 When the attack or employment of force is not authority.
deliberate, the crime is only resistance or disobedience
because the offender has no intent to ignore, disregard In applying the provisions of Arts. 148 and 151 of this
or defy the authority or his agents Code, teachers, professors, and persons charged with
 RA 3600—Picketing is a legitimate means of the supervision of public or duly recognized private
economic coercion if it is confined to persuasion, if it schools, colleges and universities, and lawyers in the
is free from molestation or threat or physical injury or actual performance of their professional duties or on
annoyance and if there exists some lawful justification the occasion of such performance shall be deemed
for its existence. persons in authority.
o Picketing may be considered a nuisance if it  ―directly vested with jurisdiction‖—the power and
constitutes an obstruction to the free use of authority to govern and execute the laws
property so as substantially to interfere with the  Persons in authority:
comfortable enjoyment of life or property, or if it a. Municipal mayor
constitutes an unlawful obstruction to the free b. Division superintendent of schools
passage or use, in the customary manner, of a street c. Public and private school teachers
d. Teacher-nurse
e. President of Sanitary Division
f. Provincial fiscal
g. Justice of the Peace
h. Municipal Councilor
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 20 of 75
i. Barrio captain and barangay chairman  Serious disturbance must be planned or intended
 To be an agent of a person in authority, one must be  If the act of disturbing or interrupting a meeting or
charged with religious worship is committed by a private individual,
1. The maintenance of public order; and or even by a public officer but he is a participant
2. The protection and security of life and property therein, Art. 153 is applicable
 ―outcry‖—means to shout subversive or provocative
Chapter 5: PUBLIC DISORDERS words tending to stir up the people to obtain by means
Crimes classified under public disorders: of force or violence any of the objects of rebellion or
1. Tumults and other disturbances of public order (Art. sedition
153)  For an outcry or the displaying of emblems or placards
2. Unlawful use of means of publication and unlawful to constitute inciting to commit rebellion or sedition,
utterances (Art. 154) it is necessary that the offender should have done the
3. Alarms and scandals (Art. 155) act with the idea aforethought of inducing his hearers
4. Delivering prisoners from jail (Art. 156) or readers to commit the crime of rebellion or sedition
o If the outcry is more or less unconscious outburst
153. The penalty of arresto mayor in its medium period which, although rebellious or seditious in nature, is
to prision correccional in its minimum period and a fine not intentionally calculated to induce others to
not exceeding 1000 pesos shall be imposed upon any commit rebellion or sedition, it is only public
person who shall cause any serious disturbance in a disorder
public place, office or establishment, or shall interrupt  The penalty next higher in degree shall be imposed
or disturb public performances, functions or gatherings, upon persons causing any disturbance or interruption
of a tumultuous character
or peaceful meetings, if the act is not included in the
 One who fired a submachine gun to cause disturbance,
provisions of Art. 131 and 132.
but inflicted serious physical injuries on another, may
The penalty next higher in degree shall be imposed be prosecuted for 2 crimes
upon persons causing any disturbance or interruption of
a tumultuous character. 154. The penalty of arresto mayor and a fine ranging
The disturbance or interruption shall be deemed to be from 200 to 1000 pesos shall be imposed upon:
tumultuous if caused by more than 3 persons who are 1. Any person who by means of printing,
armed or provided with means of violence. lithography, or any other means of publication
shall publish or cause to be published as news any
The penalty of arresto mayor shall be imposed upon any false news which may endanger the public order,
person who in any meeting, association, or public place, or cause damage to the interest or credit of the
shall make any outcry tending to incite rebellion or State
sedition or in such place shall display placards or 2. Any person who by the same means, or by words,
emblems which provoke a disturbance of the public utterances or speeches, shall encourage
order. disobedience to the law or to the constituted
The penalty of arresto menor and a fine not to exceed authorities to praise, justify, or extol any act
200 pesos shall be imposed upon those persons who in punished by law
violation of the provisions contained in the last clause of 3. Any person who shall maliciously publish or cause
Art. 85, shall bury with pomp the body of a person who to be published any official resolution or
has been legally executed. document without proper authority, or before
 What are tumults and other disturbances of public they have been published officially
order? 4. Any person who shall print, publish, or distribute
1. Causing any serious disturbance in a public place, or cause to be printed, published, or distributed
office or establishment books, pamphlets, periodicals, or leaflets which
2. Interrupting or disturbing performances, functions do not bear the real printer’s name, or which are
or gatherings or peaceful meetings, if the act is not classified as anonymous
included in Arts. 131 and 132  It is not necessary that the publication of the false
3. Making any outcry tending to incite rebellion or news actually caused public disorder or caused damage
sedition in any meeting, association or public order to the interest or credit of the State
4. Displaying placards or emblems which provoke a
o The mere possibility of causing such danger or
disturbance of public order in such place
damage is sufficient
5. Burying with pomp the body of a person who has
been legally executed  The offender must know that the news is false

Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 21 of 75


 ―which may endanger the public order‖—if there is no  Elements:
possibility of danger to the public order or causing 1. There is a person confined in a jail or penal
damage to the interest or credit of the State by the establishment
publication of the false news, Art. 154 is not applicable 2. The offender removes therefrom such person, or
 RA 248 prohibits the reprinting, reproduction or helps the escape of such person
republication of government publications and official  This article applies even if the prisoner is in the
documents without previous authority hospital or asylum because it is considered as an
extension of the penal institution
155. The penalty of arresto menor or a fine not  The offense under this article is usually committed by
exceeding 200 pesos shall be imposed upon: an outsider but it may also apply to a prisoner who
1. Any person who within any town or public place, helps another to escape or to an employee of the penal
shall discharge any firearm, rocket, firecracker, or establishment provided that he does not have the
other explosive calculated to cause alarm or custody or charge of such person
o However, if the offender is a public officer who had
danger
the prisoner in his custody or charge, he is liable for
2. Any person who shall instigate or take an active
infidelity in the custody of a prisoner (Art. 223)
part in any charivari or other disorderly meeting
 The use of violence, intimidation or bribery is not an
offensive to another or prejudicial to public element and is imposed by a penalty higher
tranquility  The employment of deceit is not an essential or
3. Any person who, while wandering about at night integral element of the crime of delivery of prisoners
or while engaged in any other nocturnal from jail such that when the same is not alleged in the
amusements, shall disturb the public peace information and duly proved in evidence, the accused
4. Any person who, while intoxicated or otherwise, cannot be convicted of said crime
shall cause any disturbance or scandal in public  Is the person, who substituted for a prisoner by taking
places, provided that the circumstances of the his place in jail, liable under Art. 156? Yes, because this
case shall not make the provisions of Art. 153 is removal by ―other means‖, that is, deceit
applicable  But if the crime committed by the prisoner for which
 ―shall discharge any firearm‖—the discharge of the he is confined or serving sentence is treason, murder,
firearm should not be aimed at a person; otherwise, or parricide, the act of taking the place of the prisoner
the offense would fall under Art. 254, punishing in the prison is that of an accessory and he may be
discharge of firearm held liable as such, because he assists in the escape of
 ―calculated to cause alarm or danger‖—it is the result, the principal
not the intent, that counts. The act must produce  If the prisoner removed or whose escape is made
alarm or danger as a consequence possible by the commission of the crime of delivering
 Art. 155 does not make any distinction as to the prisoner from jail is a detention prisoner, such
particular place in the town or public place where the prisoner is not criminally liable
discharge of firearm, rocket, etc. is effected o A prisoner who is criminally liable for leaving the
 Charivari—includes a medley of discordant voices, a penal institution only when there is evasion of the
mock serenade of discordant noises made on kettles, service of his sentence, which can be committed
tins, horns, etc., designed to annoy and insult only by a convict by final judgment
o If the disturbance is of a serious nature, the case will
fall under Art. 153 Chapter 6: EVASION OF SERVICE OF SENTENCE
3 kinds of evasion of the service of the sentence:
156. The penalty of arresto mayor in its maximum 1. Evasion of service of sentence by escaping during the
period to prision correccional in its minimum period term of his sentence (Art. 157)
shall be imposed upon any person who shall remove 2. Evasion of service of sentence on the occasion of
from any jail or penal establishment any person disorders (Art. 158)
confined therein or shall help the escape of such 3. Other cases of evasion of service of sentence, by
person, by means of violence, intimidation or bribery. If violating the conditions of conditional pardon (Art.
159)
other means are used, the penalty of arresto mayor
shall be imposed.
157. The penalty of prision correccional in its medium
If the escape of the prisoner shall take place outside of and maximum periods shall be imposed upon any
said establishments by taking the guards by surprise, convict who shall evade service of his sentence by
the same penalties shall be imposed in their minimum escaping during the term of his imprisonment by reason
period. of final judgment. However, if such evasion or escape
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 22 of 75
shall have taken place by means of unlawful entry, by Chief Executive announcing the passing away of such
breaking doors, windows, gates, walls, roofs, or floors, calamity.
or by using picklocks, false keys, disguise, deceit, Convicts who, under the circumstances mentioned in
violence or intimidation, or through connivance with the preceding paragraph, shall give themselves up to
other convicts or employees of the penal institution, the the authorities within the above mentioned period of
penalty shall be prision correccional in its maximum 48 hours, shall be entitled to the deduction provided in
period. Art. 98.
 Elements:  Elements:
1. The offender is a convict by final judgment 1. The offender is a convict by final judgment, who is
2. That he is serving his sentence which consists in confined in a penal institution
deprivation of liberty 2. That there is disorder, resulting from—
3. That he evades the service of his sentence by a. Conflagration
escaping during the term of his sentence b. Earthquake
 The crime of evasion of service of sentence can be c. Explosion
committed only by a convict by final judgment d. Similar catastrophe, or
o Hence, if the convict escapes within 15 days from e. Mutiny in which he has not participated
the promulgation or notice of the judgment, without 3. That the offender evades the service of his sentence
commencing to serve the sentence or without by leaving the penal institution where he is confined,
expressly waiving in writing his right to appeal, he is on the occasion of such disorder or during the
not liable under this mutiny
 Detention prisoners and minor delinquents who 4. That the offender fails to give himself up to the
escape from confinement are not liable for evasion of authorities within 48 hours following the issuance of
service of sentence. a proclamation by the Chief Executive announcing
o Detention prisoners are not convicts by final the passing away of such calamity
judgment  The offender must be a convict by final judgment
o Minor delinquents confined in the reformatory  The prisoner who did not escape from his place of
institution are not convicts, because the sentence is confinement during the war is not entitled to a special
suspended allowance of 1/5 deduction of the period of his
 ―imprisonment‖—―by escaping during the term of his sentence (original sentence); this is why it is needed
sentence which consists in deprivation of liberty‖ that the convict must leave the penal institution
o Hence, it also applies to sentence of destierro  What is punished is not the leaving of the penal
 ―escape‖—to ―flee from; to avoid; to get out of the institution, but the failure of the convict to give
way, as to flee to avoid arrest‖ himself up to the authorities in the specified time
 Circumstances qualifying the offense: (if such evasion  The penalty—increase of 1/5 of the time still
or escape takes place—) remaining to be served under the original sentence,
1. By means of unlawful entry (scaling) not to exceed 6 months
2. By breaking doors, windows, gates, walls, roofs or  The award—deduction of 1/5 of the period of his
floors sentence (original sentence)
3. By using picklocks, false keys, disguise, deceit,
 Mutiny—implies an organized unlawful resistance to a
violence or intimidation
superior officer; a sedition; a revolt
4. Through connivance with other convicts or
employees of the penal institution
 ―unlawful entry‖—qualified if committed by climbing 159. The penalty of prision correccionail in its minimum
or scaling the wall period shall be imposed upon the convict, who, having
been granted conditional pardon by the Chief Executive,
158. A convict, who shall evade the service of his shall violate any of the conditions of such pardon.
sentence, by leaving the penal institution where he shall However, if the penalty remitted by the granting of such
have been confined, on the occasion of disorder pardon be higher than 6 years, the convict shall then
resulting from a conflagration, earthquake, explosion, suffer the unexpired portion of his original sentence.
or similar catastrophe, or during a mutiny in which he  Except in cases of impeachment, or as otherwise
has not participated, shall suffer an increase of 1/5 of provided in this Constitution, the President may grant
reprieves, commutations, and pardon and remit fines
the time still remaining to be served under the original
and forfeitures, after conviction by final judgment. He
sentence, which in no case shall exceed 6 months, if he
shall also have the power to grant amnesty with the
shall fail to give himself up to the authorities within 48 concurrence of a majority of all members of Congress.
hours following the issuance of a proclamation by the

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 Conditional pardon—a contract between the Violation of Evasion of the service
President, who grants the pardon, and the convict, conditional pardon of the sentence
who accepts it. Does not cause harm or An attempt at least to
o The pardoned convict is bound to fulfill its injury to the right of evade the penalty
conditions and accept all the consequences, not as other person nor does it inflicted by the courts
he chooses, but according to its strict form disturb the public order upon criminals
 Elements of the offense of violation of conditional Merely an infringement Defeat the purpose of
pardon: of the terms stipulated in the law of either
1. The offender was a convict the contract between the reforming or punishing
2. He was granted a conditional pardon by the President and the them for having
President criminal disturbed the public
3. He violated any of the conditions of such pardon order
 2 penalties provided for in this article:
1. Prision correccional in its minimum period—if the Chapter 7: COMMISSION OF ANOTHER CRIME DURING
penalty remitted does not exceed 6 years SERVICE OF PENALTY IMPOSED FOR ANOTHER
2. The unexpired portion of his original sentence—if PREVIOUS OFFENSE
the penalty remitted is higher than 6 years
160. Besides the provisions of Rule 5 of Art. 63, any
 The violation of conditional pardon is a distinct crime.
The violation of conditional pardon is committed in person who shall commit a felony after having been
the place where the subsequent offense is perpetrated, convicted by final judgment, before beginning to serve
because by committing the subsequent offense, he such sentence, or while serving the same, shall be
thereby violates the condition that ―he shall not again punished by the maximum period of the penalty
be found guilty of any crime punishable by the laws of prescribed by law for the new felony.
the Philippines‖ Any convict of the class referred to in this article, who is
 Violation of conditional pardon is not a substantive not a habitual criminal, shall be pardoned at the age of
offense, because the penalty imposed for such 70 years if he shall have already served out his original
violation is the unexpired portion of the punishment
sentence, or when he shall complete it after reaching
in the original sentence
o Dissenting: it is a substantive offense because the said age, unless by reason of his conduct or other
penalty therefor is no longer necessarily the remitted circumstances he shall not be worthy of such clemency.
portion of the sentence, for when the unexpired  Quasi-recidivism—a special aggravating circumstance
portion is less than 6 years, the convict who violates where a person, after having been convicted by final
the conditions of the pardon shall suffer the penalty judgment, shall commit a new felony before beginning
of prision correccional in its minimum period to serve such sentence, or while serving the same. He
 Condition of the pardon extends to special laws shall be punished by the maximum period of the
penalty prescribed by law for the new felony
 The parolee or convict who is regarded as having
violated the provisions thereof must be charged,  Elements:
prosecuted and convicted by final judgment before he 1. The offender was already convicted by final
can be made to suffer the penalty described in Art. 159 judgment of one offense
2. The he committed a new felony before beginning to
 Since destierro has a duration of 6 months and 1 day to
6 years, under no circumstances may the penalty for serve such sentence or while serving the same
violation of the conditional pardon be destierro  Ordinary recidivist (Art. 14 par. 9)—If the offender
committed a new felony after serving the sentence for
 The President has the specific power to authorize the
arrest and reincarceration of any convict person the first offense, and both offenses are embraced in
granted pardon or parole who, in his judgment, shall the same title of the Code
fail to comply with the condition or conditions of his  The second crime must be a felony; hence, punishable
pardon or parole under RPC
o But the first crime for which the offender is serving
 The time during which the convict was out of prison
sentence need not be a felony
cannot be deducted from the unexecuted portion of
his sentence  The new offense need not be of different character
from that of the former offense
 The duration of the conditions subsequent, annexed to
a pardon, would be limited to the remaining period of  Quasi-recidivism does not require that the 2 offenses
the prisoner’s sentence, unless an intention to extend are embraced in the same title of the Code
it beyond that time was manifest from the nature of  Reiteracion—requires that the offender against whom
the condition or the language in which it was imposed it is considered shall have served out his sentences for
the prior offense

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 The special aggravating circumstance of quasi- studded with 3 golden stars equidistant from each
recidivism cannot be offset by any ordinary mitigating other; in point of honor, ovoid argent over the sun
circumstance, because Art. 160 specifically provides rayonnant with 8 minor and lesser rays; in sinister base
that the offender ―shall be punished by the maximum gules, the Lion Rampant of Spain; in dexter base
period of the penalty prescribed by law for the new azure, the American Eagle displayed proper; and
felony‖ surrounding the whole is a double marginal circle
o But if the convict serving the sentence is a minor within which are the words ―Republic of the
under 16 years old, the penalty can be lowered by at Philippines‖
least one degree since Minority is a privileged  The Great Seal shall be and remain in the custody of
mitigating circumstance the President of the Phils., and shall be affixed to or
 When the convict is a habitual criminal, a quasi- placed upon all commissions signed by him, and upon
recidivist may not be pardoned even if he has reached such other official documents and papers of the
the age of 70 years and already served out his original Republic of the Philippines as may by law be provided,
sentence or as may be required by custom and usage in the
discretion of the President of the Philippines.
Title Four: Crimes against Public Interest  The act punishable is counterfeiting or making an
imitation of the signature of the President; hence, if
Chapter 1: Forgeries the President left with his secretary a signature in
What are the crimes called forgeries? blank, and a document is written above it, the crime
1. Forging the seal of the Government, signature or committed is not covered by Art. 161 but by Art. 171
stamp of the Chief Executive (Art. 161) or 172.
2. Counterfeiting coins (Art. 163)
3. Mutilation of coins (Art. 164) 162. The penalty of prision mayor shall be imposed
4. Forging treasury or bank notes or other documents upon any person who shall knowingly make use of the
payable to bearer (Art. 166) counterfeit seal or forged or stamp mentioned in the
5. Counterfeiting instruments not payable to bearer (Art. preceding article.
167)
 Elements:
6. Falsification of legislative documents (Art. 170)
1. That the Great Seal of the Republic was
7. Falsification by public officer, employee or notary or
counterfeited or the signature or stamp of the Chief
ecclesiastical minister (Art. 171)
Executive was forged by another person
8. Falsification by private individuals (Art. 172)
2. That the offender knew of the counterfeiting or
9. Falsification of wireless, cable, telegraph, and
forgery
telephone messages (Art. 173)
3. That he used the counterfeit seal or forged signature
10. Falsification of medical certificates, certificates of
or stamp
merit or service (Art. 174)
 The offender should not be the one who forged the
great seal or signature of the President. Otherwise, he
Section 1: Forging the seal of the Government of the
will be penalized under Art. 161
Philippine Islands, the signature or stamp of the Chief
 The act is that of an accessory but the penalty is only
Executive
one degree lower
Acts punishable:
1. Counterfeiting the great seal of the Government of the Section 2: Counterfeiting Coins
Philippine Islands, forging the signature or stamp of
the Chief Executive Acts punishable:
2. Using forged signature or counterfeit seal or stamp 1. Making and importing and uttering false coins
2. Mutilation of coins—importation and utterance of
mutilated coins
161. The penalty of reclusion temporal shall be imposed
3. Selling of false or mutilated coin, without connivance
upon any person who shall forge the Great Seal of the
Government of the Philippine Islands or the signature or
163. Any person who makes, imports, or utters false
stamp of the Chief Executive
coins, in connivance with counterfeiters or importers,
 Acts punished:
shall suffer:
1. Forging the Great Seal of the Government of the
Philippines 1. Prision mayor in its minimum and medium periods
2. Forging the signature of the President and a fine not to exceed 10,000pesos, if the
3. Forging the stamp of the President counterfeited coin be silver coin of the Philippines
 Great Seal—circular in form, with arms consisting of or coin of the Central Bank of the Philippines of ten-
paleways of 2 pieces, azure and gules; a chief argent centavo denomination or above

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2. Prision correccional in its minimum and medium ―moneda‖ which embraces not only those that are
periods and a fine not to exceed 2,000pesos if the legal tender, but also those out of circulation
counterfeited coins be any of the minor coinage of
the Philippines or of the Central Bank of the 164. The penalty of prision correccional in its minimum
Philippines below ten-centavo denomination period and a fine not to exceed 2,000pesos shall be
3. Prision correccional in its minimum period and a imposed upon any person who shall mutilate coins of
fine not to exceed 1,000pesos, if the counterfeited the legal currency of the (US or of the) Philippine Islands
coin be currency of a foreign country or import or utter mutilated current coins, in
 Elements: connivance with the mutilator or importer.
1. That there be false or counterfeited coins  Acts punished:
2. That the offender either made, imported or uttered 1. Mutilating coins of the legal currency, with the
such coins further requirement that there be intent to damage
3. That in case of uttering such false or counterfeited or to defraud another
coins, he connived with the counterfeiters or 2. Importing or uttering such mutilated coins, with the
importers further requirement that there must be connivance
 Coin—a piece of metal stamped with certain marks with the mutilator or importer in case of uttering
and made current at a certain value  Mutilation—to take off part of the metal either by
 A coin is false or counterfeited—if it is forged or if it filing it or substituting it for another metal of inferior
not authorized by the Government as legal tender, quality
regardless of its intrinsic value o To diminish by ingenuous means the metal in the
 Counterfeiting—the imitation of a legal or genuine coin
coin. It may contain more silver than the ordinary coin o One who mutilates a coin does not do so for the
o There is counterfeiting when a spurious coin is sake of mutilating, but to take advantage of the
made. There must be an imitation of the peculiar metal abstracted
design of a genuine coin o One who utters said mutilated coin receives its legal
value, much more than its intrinsic value
 To import fake coins—to bring them into port.
o The importation is complete before entry at the  It is indispensable that the mutilated coin be of legal
Customs House tender
 To utter—to pass counterfeited coins  The coin must be of the legal currency or current
o It includes their delivery or the act of giving them coins of the Philippines
away o If the coin mutilated is legal tender of a foreign
o It is uttered when it is paid, when the offender is country, it is not a crime of mutilation under the
caught counting the counterfeited coins preparatory RPC
to the act of delivering them, even though the
utterer may not obtain the gain he intended 165. Any person who knowingly, although without the
 Kinds of coins the counterfeiting of which is connivance mentioned in the preceding articles, shall
punished: possess false or mutilated coin with intent to utter the
1. Silver coin of the Philippines or coin of the Central same, or shall actually utter such coin, shall suffer a
Bank of the Philippines penalty lower by one degree than that prescribed in
2. Coin of the minor coinage of the Philippines or of said articles.
the Central Bank of the Philippines  Acts punished:
3. Coin of the currency of a foreign country 1. Possession of coin, counterfeited or mutilated by
 Minor coins of the Philippines—coins below ten- another person, with intent to utter the same,
centavo denomination knowing that it is false or mutilated
 Former coins withdrawn from circulation which are o Elements:
counterfeited are punishable under Art. 163 a. Possession
o The reason for punishing is not alone the harm that b. With intent to utter, and
may be caused to the public in case it goes into c. Knowledge
circulation again, but the possibility that the 2. Actually uttering such false or mutilated coin,
counterfeiter may later apply his trade to the making knowing the same to be false or mutilated
of coins in actual circulation o Elements:
 Pars. 1 & 2 mention ―coin‖ without any qualifying a. Actually uttering, and
word such as ―current‖ b. Knowledge
 As regards par. 3, the use of the word ―currency‖ is  This does not require that the coin be of legal tender
not correct because the Spanish text uses the word  The possession prohibited is possession in general,
that is, not only actual, physical possession, but also
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 26 of 75
constructive possession or the subjection of the thing  RA 248 prohibits the reprinting, reproduction or
to one’s control republication of government publications and official
 If the false or mutilated coins are found in the documents without previous authority
possession of the counterfeiters, or mutilators, or
importers, such possession does not constitute a 171. Falsification by public officer, employee or notary
separate offense, but is identified with the or ecclesiastical minister—: The penalty of prision
counterfeiting or mutilation or importation mayor and a fine not to exceed 5000 pesos shall be
 The offense punished under this article is the mere imposed upon any public officer, employee, or notary
holding of the false or mutilated coin with intent to who, taking advantage of his official position, shall
utter
falsify a document by committing any of the following
acts:
Section 4: Falsification of legislative, public,
1. Counterfeiting or imitating any handwriting,
commercial, and private documents, and wireless
signature or rubric
telegraph and telephone messages
2. Causing it to appear that persons have participated
 Five classes of falsification: in any act or proceeding when they did not in fact
1. Falsification of legislative documents (Art. 170) so participate
2. Falsification of a document by a public officer, 3. Attributing to persons who have participated in an
employee or notary public (Art. 171) act or proceeding statements other than those in
3. Falsification of a public or official, or commercial fact made by them
document by a private individual (Art. 172, par. 1) 4. Making untruthful statements in a narration of
4. Falsification of a private document by any person
facts
5. Falsification of wireless telegraph and telephone
messages 5. Altering true dates
6. Making any alteration or intercalation in a genuine
 Forgery (as used in Art. 169)—falsification and
counterfeiting of treasury or bank notes or any document which changes its meaning]
instruments payable to bearer or to order 7. Issuing in an authenticated form a document
 Falsification—commission of any of the 8 acts purporting to be a copy of an original document
mentioned in Art. 171 on legislative (only the act of when no such original exists, or including in such
making alteration), public or official, commercial, or copy a statement to contrary to, or different from,
private documents, or wireless, or telegraph messages that of the genuine original
8. Intercalating any instrument or note relative to the
170. Falsification of legislative documents—: The issuance thereof in a protocol, registry, or official
penalty of prision correccional in its maximum period book
and a fine not exceeding 6000 pesos shall be imposed The same penalty shall be imposed upon any
upon any person who, without proper authority ecclesiastical minister who shall commit any of the
therefor, alters any bill, resolution, or ordinance offenses enumerated in the preceding paragraphs of
enacted or approved or pending approval by either this article, with respect to any record or document of
House of the Legislature or any provincial board or such character that its falsification may affect the civil
municipal council. status of persons.
 Elements:  Elements:
1. That there be a bill, resolution or ordinance enacted 1. That the offender is a public officer, employee, or
or approved or pending approval by either House of notary public
the Legislature or any provincial board or municipal 2. That he takes advantage of his official position
council 3. That he falsifies a document by committing any of
2. That the offender alters the same the following acts: (enumerated above)
3. That he has no proper authority therefor 4. In case the offender is an ecclesiastical minister, the
4. That the alteration has changed the meaning of the act of falsification is committed with respect to any
document record or document of such character that its
 ―Municipal council‖—includes city council or falsification may affect the civil status of persons
municipal board  FIRST ELEMENT—: Persons liable
 The bill, resolution or ordinance must be genuine o Public officer, employee or notary public or
 The offender is any person ecclesiastical minister
 The act of falsification in legislative document is  SECOND ELEMENT—: The offender takes
limited to altering it which changes its meaning advantage of his official position when

Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 27 of 75


1. He has the duty to make or to prepare or otherwise handwriting or mark of another person must be
to intervene in the preparation of the document signed or made by the offender, without authority to
2. He has the official custody of the document which do so
he falsifies o Requisites of Counterfeiting:
o Even if the offender was a public officer but if he 1. That there be an intent to imitate, or an attempt to
did not take advantage of his official position, he imitate, and
would be guilty of falsification of a document by a  Shown by a comparison of the handwriting or
private person under Art. 172 signature on the document alleged to have been
 THIRD ELEMENT—: The offender falsifies a falsified with the genuine handwriting or
document signature supposed to have been counterfeited
o Document—any written statement by which a right  If there is sufficient resemblance, the
is established; a writing or instrument by which a presumption of intent arises
fact may be proved and affirmed 2. That the 2 signatures or handwritings, the genuine
o The document must be complete or at least it must and the forged, bear some resemblance to each
have the appearance of a true and genuine other
document  The resemblance must be such that it is likely to
o The document must be of apparent legal efficacy deceive an ordinary person receiving or dealing
o Thus, if the payroll is merely a draft, because it has with the document
not been approved by the proper authority, it can o If any of the requisites of counterfeiting is not
prove nothing and affirm nothing present, the accused may be found guilty in par. 2
o In falsification by (1) making alteration or  PAR. NO. 2—: Causing it to appear that persons have
intercalation, or (2) including in a copy a different participated in an act or a proceeding
statement, there must be a genuine document that is o Requisites:
falsified 1. That the offender caused it to appear in a
o In falsification of a public document, the document that a person or persons participated in
falsification need not be made on an official form. It an act or a proceeding, and
is sufficient that the document is given the 2. That such person or persons did not in fact so
appearance of, or made to appear similar to, the participate in the act or proceeding
official form. o When this is committed by private individual, Art.
o ―shall falsify a document‖—does not mention 172 should be applied
whether it is public, official, private or commercial
 PAR. NO. 3—: Attributing to persons who have
document because when the document is executed
participated in any act or proceeding statements other
with the intervention of a public officer, employee
than those in fact made by them
or notary public, such document must necessarily be
o Requisites:
a public or official document
1. That a person or persons participated in an act or
 PAR. NO. 1—: Counterfeiting or imitating (feigning) a proceeding
any handwriting, signature or rubric 2. That such person or persons made statements in
o 2 ways of committing falsification under this that act or proceeding, and
paragraph: 3. That the offender, in making a document,
1. Counterfeiting—imitating any handwriting, attributed to such person or persons statements
signature or rubric other than those in fact made by such person or
 There is an original signature or handwriting persons
which is imitated  PAR. NO. 4—: Making untruthful statements in a
 An imitation is necessary, but it need not be narration of facts
perfect o Requisites:
2. Feigning—simulating a signature, handwriting or 1. That the offender makes in a document
rubric out of one which does not in fact exist statements in a narration of facts
 to represent by a false appearance to give 2. That he has a legal obligation to disclose the truth
existence to; to imagine of the facts narrated by him
 there is no original signature or handwriting or 3. That the facts narrated by the offender are
rubric, but a forgery of a signature, handwriting absolutely false, and
or rubric that does not exist 4. That the perversion of truth in the narration of
 making it appear that a person who does not facts was made with the wrongful intent of
know how to write has signed the document, injuring a third person
may be considered feigning of signature o There must be narration of facts, and not conclusion
o Under this, the mere drawing up of a false of law
document is not sufficient, the signature,
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 28 of 75
o ―Legal obligation‖—there is a law requiring the  PAR. NO. 7—: Issuing in an authenticated form a
disclosure of the truth of the facts narrated document purporting to be a copy of an original
o The person making the narration of facts must be document when no such original exists, or including in
aware of the falsity of the facts narrated by him such copy a statement to contrary to, or different
o The rule is that if the statements are not altogether from, that of the genuine original
false, there being some colorable truth in such o Cannot be committed by
statements, the crime of falsification is not deemed a. private individual
to have been committed b. notary public or a public officer who does not
o The obligation on the part of the accused to disclose take advantage of his official position
the truth as to the facts that should appear in a o Committed only by a public officer or notary public
residence certificate to be issued to him, is inherent who takes advantage of his official position, since
in the very nature and purpose of said document the authentication of a document can be made only
o The wrongful intent on the part of the accused to by the custodian or the one who prepared and
injure a third person is not an essential element of retained a copy of the original document
the crime of falsification of public document 1. Purporting to be a copy of an original when no
o There is no falsification by one who acted in good such original exists
faith  that a notary public made a supposed copy of a
o The fact that one’s consent to the contract was deed of sale which was never executed and of
obtained by means of violence or intimidation does which he had no copy
not make it a false contract in the sense that no 2. Including in a copy a statement contrary to, or
consent had ever been given and the entire different from, that of the genuine original
document had been simulated, since the signatures  that a civil registrar stated in a certified copy of a
of the parties are genuine record of birth that the person mentioned
o There is falsification by omission therein was legitimate when there was no such
 PAR. NO. 5—: Altering true dates statement in the original
o There is falsification under this only when the date o A private person who cooperates with a public
mentioned in the document is essential, it must officer in the falsification of a public document is
affect wither the veracity of the document or the guilty of this crime and incurs the same liability and
effects thereof penalty as the public officer
o Dates of birth, marriage and death are essential
because without them, the documents ―cannot 172. Falsification by private individuals and use of
produce any legal effect‖
falsified documents—: The penalty of prision
o Altering dates in official receipts to prevent the
discovery of malversation is falsification correccional in its medium and maximum periods and a
fine of not more than 5000 pesos shall be imposed
 PAR. NO. 6—: Making alteration or intercalation in a
genuine document which changes its meaning upon:
o Requisites: 1. Any private individual who shall commit any of the
1. That there be an alteration (change) or falsification enumerated in the next preceding
intercalation (insertion) on a document article in any public or official document or letter
2. That it was made on a genuine document of exchange or any other kind of commercial
3. That the alteration or intercalation has changed document, and
the meaning of the document, and 2. Any person who, to the damage of a third party, or
4. That the change made the document speak with the intent to cause such damage, shall in any
something false private document commit any of the acts of
o Alteration—has inherent in it the idea of falsification enumerated in the next preceding
deception—of making the instrument speak
article
something which the parties did not intend it to
Any person who shall knowingly introduce in evidence
speak
o On the composition of a bar candidate, altering the in any judicial proceeding or to the damage of another
grades involves the following acts of falsification, (a) or who, with the intent to cause such damage, shall use
making alterations on a genuine document, (b) any of the false documents embraced in the next
making it appear that the correctors had participated preceding article or in any of the foregoing subdivisions
in blotting out the grades and writing new and of this article, shall be punished by the penalty next
increased grades opposite their initials, and (c) lower in degree.
attributing to the correctors statements other than  Acts punished under Art. 172:
those in fact made by them 1. Falsification of public, official or commercial
document by a private individual (Par. No. 1)

Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 29 of 75


2. Falsification of private document by any person the theater to enable a possessor to witness a
(Par. No. 2) theatrical performance
3. Use of falsified document (Last Par.) 4. Commercial document—any document defined
 PAR. NO. 1—: and regulated by the Code of Commerce or any
o Elements: other commercial law
1. That the offender is a private individual or a  Documents or instruments used by merchants
public officer or employee who did not take or businessman to promote or facilitate trade
advantage of his official position  Examples:
2. That he committed any of the acts of falsification a. Letters of exchange, letters of credit, drafts,
enumerated in Art. 171 trade acceptances, checks, notes or pagares
3. That the falsification was committed in a public or issued in the course of a business transaction,
official or commercial document quedans, bonds, books of accounts, and in
o The acts under this are the same as those in Art. 171 general, any negotiable instrument
except for Par. 7 which cannot be committed by a b. Quedans or warehouse receipts
private individual c. Cash files, deposit slips and bank statements
o 4 kinds of document: d. Surety account, journal books, ledgers
1. Public document—a document created, executed e. Air way bills. These are in the nature of bills
or issued by a public official in response to the of lading
exigencies of the public service, or in the  Cash disbursement vouchers are not
execution of which a public official intervened commercial documents
 Any instrument authorized by a notary public or o Public and private writings under the Rules of Court
a competent public official, with the solemnities  The following writings are public:
required by law a. The written official acts, or records of the
2. Official document—a document which is issued official acts of the sovereign authority, official
by a public official in the exercise of the functions bodies and tribunals, and public officers,
of his office whether of the Philippines, or of a foreign
 This is also a public document country
 Examples of official document: b. Documents acknowledged before a notary
a. A document required by a bureau to be filled public except last wills and testaments
by its officer for purposes of its records c. Public records kept in the Philippines, of private
b. A receipt issued by the department of documents required by law to be entered therein
assessments and collections of the City of  All other writings are private
manila for taxes collected o A private document may acquire the character of a
c. A burial permit issued by the Board of Public public document when it becomes part of an official
Health of the City of Manila record and is certified by a public officer duly
d. Official receipt prescribed by the Government authorized by law
to be issued upon the receipt of money for o if the document is intended by law to be part of the
public purposes public or official record, the preparation of which
e. An official cashbook kept by the disbursing being in accordance with the rules and regulations
officer of the Coast Guard and issued by the Government, the falsification is
Transportation Department regarded as falsification of a public or official
f. Cashbook of a public official, in which entries document
are made of accounts of public moneys o In order that a blank form might come within the
received purview of the crime of falsification, it is necessary
g. An official receipt, for the reason that it was that the blank spaces be filled and the signature of a
invested with the character of an official party purported to be authorized to issue it be
document by reason of the fact that it was written by another in the counterfeited instrument
printed in accordance with the standard forms o Presumption: the possessor of a falsified document
required by the Government is presumed to be the author of the falsification
h. All pleadings filed with the court o Damage or intent to cause damage to another is not
3. Private document—a deed or instrument executed necessary under this paragraph
by a private person without the intervention of a o Lack of malice or criminal intent is a defense in
notary public or other person legally authorized, falsification of public document
by which document some disposition or  PAR. NO. 2—:
agreement is proved, evidenced or set forth o Elements:
 A theater ticket is a private document, because it
evidences an agreement for the rent of a place in
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 30 of 75
1. That the offender committed any of the acts of 1. That the offender knew that a document was
falsification, except those in par. 7, enumerated in falsified by another person
Art. 171 2. That the false document is embraced in Art. 171
2. That the falsification was committed in any private or in any subdivisions nos. 1 or 2 of Art. 172
document 3. That he introduced said document in evidence
3. That the falsification caused damage to a third in any judicial proceeding
party or at least the falsification was committed b. Use in any other transaction
with the intent to cause such damage 1. That the offender knew that a document was
o Mere falsification of private documents is not falsified by another person
enough, there are 2 things required: 2. That the false document is embraced in Art. 171
1. He must have counterfeited the false document or un any subdivision nos. 1 or 2 of Art. 172
2. He must have performed an independent act 3. That he used such document (not in judicial
which operates to the prejudice of a third person proceedings)
o Damage need not be material 4. That the sue of the false document caused
o It is not necessary that the offender profited or damage to another or at least it was used with
hoped to profit by the falsification, as all the law intent to cause such damage
requires is an intent to prejudice another person o Damage to another is not indispensable in element
o Falsification of private document in Rizal and A, but is in element B
damage in Manila—the court of Rizal has o The crime punished under this may be a lesser
jurisdiction to try the case offense, but it certainly cannot be deemed
 Falsification as a necessary means to commit other necessarily included in the crime of falsification of a
crimes public document by a public officer or employee or
o This forms a complex crime under Art. 48, however, by a private person
the document falsified must be public, official or o The user of the falsified document is deemed the
commercial author of the falsification if
o Complex crimes: a. The use was so closely connected in time with the
a. Estafa through falsification of a public document falsification, and
b. Theft through falsification of official document b. The user had the capacity of falsifying the
c. Estafa through falsification of commercial document
document by reckless imprudence
d. Malverstation through falsification of public 173. Falsification of wireless, cable, telegraph, and
document telephone messages, and use of said falsified
e. Falsification through reckless imprudence messages—: The penalty of prision correccional in its
o There is no complex crime of estafa through medium and maximum periods shall be imposed upon
falsification of a private document any officer or employee of the Government or of any
o There is no falsification of private document
private corporation or concern engaged in the service of
through reckless imprudence, since there is at least
intent to cause damage, that is, there must be malice sending or receiving wireless, cable, telegraph, or
o Falsification of private document—if a private telephone messages who utters a fictitious wireless,
document is falsified to obtain from the offended telegraph, or telephone message of any system or
party the money or other personal property which falsifies the same.
the offender later misappropriated Any person who shall use such falsified dispatch to the
o Estafa with abuse of confidence—if a private prejudice of a third party or with the intent to cause
document is falsified to conceal the
such prejudice, shall suffer the penalty next lower in
misappropriation of the money or other personal
degree.
property which has been in the possession of the
offender  Acts punished:
1. Uttering fictitious wireless, telegraph, or telephone
 Stages of falsification:
message (Par. 1)
a. Consummated—the moment the genuine document
2. Falsifying wireless, telegraph or telephone messages
is altered or the moment the false document is
executed. It is immaterial that the offender did not (Par. 1)
3. Using such falsified message (Par. 2)
achieve his objectives
b. Frustrated—if the falsification is imperfect  PAR. NO. 1—:
o Elements:
 LAST PAR.—:
1. That the offender is an officer or employee of the
o Elements:
Government or an officer or employee of a
a. Introducing in a judicial proceeding
private corporation, engaged in the service of

Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 31 of 75


sending or receiving wireless, cable or telephone o It must refer to the illness or injury of a person
message o The crime is False Medical Certificate by a
2. That the offender commits any of the following physician
acts: b. Public officer who issued a false certificate of merit
a. Uttering fictitious wireless, cable, telegraph or or service, good conduct or similar circumstances
telephone message, or o The crime is False Certificate of Merit or Service
b. Falsifying wireless, cable, telegraph, or by a public officer
telephone message c. Private individual who falsified a certificate falling in
 PAR. NO. 2—: the classes mentioned in nos. 1 and 2
o Elements: o The crime is False Medical Certificate by a private
1. That the accused knew that wireless, cable, individual or False Certificate of Merit or Service
telegraph, or telephone message was falsified by by a private individual
any of the persons specified in par. 1  Certificate of large cattle is a public document and its
2. That the accused used such falsified dispatch falsification is covered by Art. 171 or Art. 172,
3. That the use of the falsified dispatch resulted in depending on whether the offender is a public officer
the prejudice of a third party, or that the use or a private individual
thereof was with intent to cause such prejudice  ―or similar circumstances‖—does not seem to cover
 Private individual cannot be a principal by direct property, because the circumstance contemplated
participation in falsification of telegraphic dispatches must be similar to ―merit‖, ―service‖ or ―good
unless he is an employee of a corporation engaged in conduct‖
the business of sending or receiving wireless telegraph  But certificate of residence for voting purposes is
or telephone messages certificate of ―similar circumstances‖
o But he can be held criminally liable as principal by
inducement 175. Using false certificates—: The penalty of arresto
 Act. No. 1851, Sec. 4, punishes private individuals menor shall be imposed upon any one who shall
who forge or alter telegram knowingly use any of the false certificates mentioned in
o Any person who willfully forges or substantially the next preceding article.
alters a telegram or who utters a telegram knowing
the same to be forged, or who utters as a telegram  Elements:
1. That a physician or surgeon had issued a false
any message or communication which he knows to
medical certificate, or a public officer had issued a
be not a telegram, is punished by a fine not
exceeding 100 pesos false certificate of merit or service, good conduct, or
similar circumstances, or a private person had
falsified any of said certificates
Section 5: Falsification of medical certificates, 2. That the offender knew that the certificate was false
certificates of merit or service, and the like 3. That he used the same
174. False medical certificates, false certificates of merit
or services, etc.—: The penalties of arresto mayor in its Section 6: Manufacturing, importing, and possession of
maximum period to prision correccional in its minimum instruments or implements intended for the
period and a fine not to exceed 1000 pesos shall be commission of falsification
imposed upon: 176. Manufacturing and possession of instruments or
1. Any physician or surgeon who, in connection with implements for falsification—: The penalty of prision
the practice of his profession, shall issue a false correccional in its medium and maximum periods and a
certificate, and fine not to exceed 10000 pesos shall be imposed upon
2. Any public officer who shall issue a false certificate any person who shall make or introduce into the
of merit or service, good conduct, or similar Philippine Islands any stamps, dies, marks, or other
circumstances instruments or implements intended to be used in the
The penalty of arresto mayor shall be imposed upon any commission of the offenses of counterfeiting or
private person who shall falsify a certificate falling falsification mentioned in the preceding sections of this
within the classes mentioned in the 2 preceding chapter.
subdivisions.
 Certificate—any writing by which testimony is given Any person who, with the intention of using them, shall
that a fact has or has not taken place have in his possession any of the instruments or
 Persons liable: implements mentioned in the preceding paragraph,
a. Physician or surgeon who, in connection with the shall suffer the penalty next lower in degree than that
practice of his profession, issued a false certificate provided therein.

Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 32 of 75


 Acts punished: o The act performed, without offender being
1. Making or introducing into the Philippines any lawfully entitled to do, must pertain (1) to the
stamps, dies, marks, or other instruments or Government, (2) to any person in authority, or (3)
implements for counterfeiting or falsification to any public officer
2. Possessing with intent to use the instruments or  The law demands positive, express and explicit
implements for counterfeiting or falsification made representation on the part of the offender before he
in or introduced into the Philippines by another can be convicted of usurpation of authority
person  Even in the absence of evidence that the accused
 In order to secure a conviction under Par. 2, it is not represented himself as a police officer, his acts in
necessary that the implements confiscated form a blowing his whistle, stopping buses and ordering
complete set for counterfeiting, it being enough that drivers to step down their passenger vehicles and
they may be employed by themselves or together with produce their driver’s licenses, sufficiently establish his
other implements to commit the crime of culpability for the crime of usurpation of official
counterfeiting or falsification functions under Art. 177 of the RPC
 The possession prohibited in Arts. 165 and 176 is  This article punishes the usurper or one who acts
possession in general, that is, not only actual, physical under false pretenses and not the occupant under
possession, but also constructive possession or the color of title
subjection of the thing to one’s control  Usurper—one who introduces himself into an office
that is vacant, or who, without color of title, ousts the
Chapter 2: Other Falsities incumbent and assumes to act as an officer by
exercising some of the functions of the office
Section 1: Usurpation of authority, rank, title, and
 Additional penalty is imposed for usurping the
improper use of names, uniforms, and insignia
authority of diplomatic or consular or any other
177. Usurpation of authority or official functions—: Any official of a foreign government under RA 75
person who shall knowingly and falsely represent  The offender must have the intent to defraud either
himself to be an officer, agent, or representative of any government
department or agency of the Philippine Government or  RA 10 is applicable only to members of seditious
of any foreign government, or who, under pretense of organization engaged in subversive activities but the
official position, shall perform any act pertaining to any subsequent enactment of RA 379 would constitute an
person in authority or public officer of the Philippine amendment thereof by restoring the element of
Government or of any foreign government, or any pretense of official position in the offense of
agency thereof, without being lawfully entitled to do so, usurpation of official functions
shall suffer the penalty of prision correccional in its
minimum and medium periods. 178. Using fictitious name and concealing true name—:
 Offenses contemplated under this article: The penalty of arresto mayor and a fine not to exceed
1. Usurpation of authority (par. 1) 500 pesos shall be imposed upon any person who shall
2. Usurpation of official functions (par. 2) publicly use a fictitious name for the purpose of
 Ways of committing the crime under this article: concealing a crime, evading the execution of a
1. By knowingly and falsely representing oneself to be judgment, or causing damage.
an officer, agent or representative of any department Any person who conceals his true name and other
or agency of the Philippine Government or any personal circumstances shall be punished by arresto
foreign government menor or a fine not to exceed 200 pesos.
o The mere act of knowingly and falsely
representing oneself to be an officer is sufficient  Elements of PAR. NO. 1—: Using fictitious name
o It is not necessary that he performs an act 1. That the offender uses a name other than his real
pertaining to a public officer name
2. By performing any act pertaining to any person in 2. That he uses that fictitious name publicly
authority or public officer of the Philippine 3. That the purpose of the offender is—
a. To conceal a crime
Government or of a foreign government or any
agency thereof, under pretense of official position b. To evade the execution of a judgment
and without being lawfully entitled to do so c. To cause damage to public interest
o It is essential that the offender should have o Fictitious name—any other name which a person
performed an act pertaining to a person in publicly applies to himself without authority of law
authority or public officer, in addition to other o If the damage, under 3, is to private interest, the
requirements crime will be estafa under Art. 315 (2a)

Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 33 of 75


o Signing of fictitious name in an application for Section 2: False Testimony
passport is publicly using such fictitious name
o For (2), the real convict alone is guilty thereof  False testimony—committed by a person who, being
under oath and required to testify as to the truth of a
 Elements of PAR. NO. 2—: Concealing true name
certain matter at a hearing before a competent
1. That the offender conceals—
authority, shall deny the truth or say something
a. His true name, and
contrary to it
b. All other personal circumstances
2. That the purpose is only to conceal his identity  3 forms of false testimony:
1. False testimony in criminal cases (Arts. 180 and 181)
 Com. Act No. 142 regulates the use of aliases, as
2. False testimony in civil cases (Art. 182)
amended by RA 6085
3. False testimony in other cases (Art. 183)
Using fictitious name Concealing true name
 Nature of the crime of false testimony—constitutes an
Element of publicity must Element of publicity is not
imposition upon court and seriously exposes it to a
be present necessary
miscarriage of justice
There are 3 purposes Purpose is only to conceal
identity
180. False testimony against a defendant—: Any person
who shall give false testimony against the defendant in
179. Illegal use of uniforms or insignia—: The penalty of
any criminal case shall suffer:
arresto mayor shall be imposed upon any person who
1. The penalty of reclusion temporal, if the defendant
shall publicly and improperly make use of insignia,
in said case shall have been sentenced to death
uniforms, or dress pertaining to an office not held by
2. The penalty of prision mayor, if the defendant shall
such person or to class of persons of which he is not a
have been sentenced to reclusion temporal or
member.
perpetua
 Elements:
3. The penalty of prision correccional, if the
1. That the offender makes use of insignia, uniform or
dress defendant shall have been sentenced to any other
2. That the insignia, uniform or dress pertains to an afflictive penalty
office not held by the offender or to a class of 4. The penalty of arresto mayor, if the defendant
persons of which he is not a member shall have been sentenced to a correctional
3. That said insignia, uniform or dress is used publicly penalty or a fine, or shall have been acquitted
and improperly In cases provided in subdivisions 3 and 4 of this article,
 Wearing the uniform of an imaginary office is not the offender shall further suffer a fine not to exceed
punishable 1000 pesos.
 An exact imitation of a uniform or dress is  Elements:
unnecessary since a colorable resemblance calculated 1. That there be a criminal proceeding
to deceive the common run of people is sufficient 2. That the offender testifies falsely under oath against
 A layman who wears publicly the ecclesiastical habit of the defendant
a Catholic priest is liable 3. That the offender who gives false testimony knows
 RA 75 punishes the unauthorized wearing of any that it is false
naval, military, police or other official uniform, 4. That the defendant against whom the false
decoration or regalia of a foreign State, or one nearly testimony is given is either acquitted or convicted in
resembling the same, with intent to deceive or mislead a final judgment
 RA 493 punishes any person who uses or wears the  Defendant must be sentenced at least to (a) a
insignia, badge or emblem of rank of members of the correctional penalty, (b) a fine, or (c) must be acquitted
AFP or the Philippine Constabulary, or any colorable  The witness who gave false testimony is liable even if
imitation thereof his testimony was not considered by the court
o This is not applicable to the using and wearing of
such in playhouse or theater or in moving picture 181. False testimony favorable to the defendant—: Any
films person who shall give false testimony in favor of the
 EO 297 prohibits the unauthorized manufacture, sale defendant in a criminal case, shall suffer the penalties
and distribution of PNP uniforms, insignias and other of arresto mayor in its maximum period to prision
accoutrements correccional in its minimum period and a fine not to
exceed 1000 pesos, if the prosecution is for a felony
punishable by an afflictive penalty, and the penalty of
arresto mayor in any other case.

Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 34 of 75


 False testimony favorable to the defendant is equally a. Over 5000 pesos
repugnant to the orderly administration of justice b. Not exceeding 5000 pesos
 False testimony is punished not because of the effect it c. If it cannot be estimated
actually produces but because of its tendency to favor
or prejudice the defendant 183. False testimony in other cases and perjury in
 It is not necessary that the testimony given by the solemn affirmation—: The penalty of arresto mayor in
witness should directly influence the decision of its maximum period to prision correccional in its
acquittal, it being sufficient that it was given with the minimum period shall be imposed upon any person
intent to favor the accused who, knowingly making untruthful statements and not
 A statement by a witness that he is an expert in being included in the provisions of the next preceding
handwriting is a statement of a mere opinion, the articles, shall testify under oath, or make an affidavit,
falsity of which is not sufficient upon any material matter before a competent person
 Conviction or acquittal of defendant in principal case authorized to administer an oath in cases in which the
is not necessary law so requires.
 The defendant who falsely testified in his own behalf
in a criminal case is guilty of false testimony favorable Any person who, in case of solemn affirmation made in
to the defendant lieu of an oath, shall commit any of the falsehoods
o This applies when the defendant voluntarily goes mentioned in this and the three preceding articles of
upon the witness stand and falsely imputes to some this section, shall suffer the respective penalties
other person the commission of a grave offense provided therein.
 Rectification made spontaneously after realizing the  Ways of committing perjury:
mistake is not false testimony 1. By falsely testifying under oath
2. By making a false affidavit
182. False testimony in civil cases—: Any person found  Elements of perjury:
guilty of false testimony in civil case shall suffer the 1. That the accused made a statement under oath or
penalty of prision correccional in its minimum period executed an affidavit upon a material matter
and a fine not to exceed 6000 pesos, if the amount in 2. That the statement or affidavit was made before a
controversy shall exceed 5000 pesos; and the penalty of competent officer, authorized to receive and
administer oath
arresto mayor in its maximum period to prision
3. That in that statement or affidavit, the accused made
correccional in its minimum period and a fine not to a willful and deliberate assertion of falsehood
exceed 1000 pesos, if the amount in controversy shall 4. That the sworn statement or affidavit containing the
not exceed said amount or cannot be estimated. falsity is required by law
 Elements:  Oath—any form of attestation by which a person
1. That the testimony must be given in a civil case signifies that he is bound in conscience to perform an
2. That the testimony must relate to the issues act faithfully and truthfully
presented in said case  Affidavit—sworn statement in writing; a declaration in
3. That the testimony must be false writing, made upon oath before an authorized
4. That the false testimony must be given by the magistrate or officer
defendant knowing the same to be false
 Example:
5. That the testimony must be malicious and given
o B made a testimony under oath in the preliminary
with an intent to affect the issues presented in said
investigation before the Justice of the Peace, a
case
competent officer authorized to administer oath. B’s
 This does not apply to special proceedings such as statement constitutes a material matter and is a
summary settlement of estates of small value deliberate falsehood, because O never borrowed the
 ―civil actions‖—ordinary suit in a court of justice, by manuscript
which one party prosecutes another for the  A false affidavit to a criminal complaint may give rise
enforcement or protection of a right, or the to perjury
prevention or redress of a wrong
 ―material matter‖—it is the main fact which is the
 Falsity of testimony must first be established subject of the inquiry or any circumstance which tends
o Whether or not the testimonies in the civil cases are to prove that fact, or any fact or circumstance which
false is prejudicial question tends to corroborate or strengthen the testimony
o Hence, pending determination of the falsity of the relative to the subject of inquiry, or which legitimately
testimonies in the civil case, the criminal action for affects the credit of any witness who testifies
false testimony must perforce be suspended o The test of materiality:
 Penalty depends on the amount of controversy:

Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 35 of 75


 whether a false statement can influence the punished as guilty of false testimony and shall suffer the
tribunal, not whether it does, or could probably respective penalties provided in this section.
influence the result of the trial  Elements:
o There must be competent proof of the materiality of 1. Offender offered in evidence a false witness or false
the false testimony testimony
 ―material‖—it is directed to prove a fact in issue 2. That he knew the witness or the testimony was false
 ―relevant‖—it tends in any reasonable degree to 3. That the offer was made in a judicial or official
establish the probability or improbability of a fact in proceeding
issue  ―offer of evidence‖—begins the moment a witness is
 ―pertinent‖—it concerns collateral matters which called to the witness stand and interrogated by counsel
make more or less probable the proposition at issue where the witness must have to testify
 ―competent person authorized to administer an  The witness having desisted before he could testify on
oath‖—a person who has a right to inquire into the any material matter is not liable because desistance
questions presented to him upon matters under his during attempted stage of execution is an absolutory
jurisdiction cause which exempts him from criminal liability
 ―knowingly making untruthful statements‖—suggests  This article applies when the offender does not induce
that the assertion of falsehood must be willful and a witness to testify falsely
deliberate  If there is inducement, it is under Arts. 180-183, in
 Good faith or lack of malice is a defense in perjury relation to Art. 7 par. 2
 Examples of cases where affidavits are required by
law: Title 8: CRIMES AGAINST PERSONS
a. Affidavit attached to the petition for receivership
Chapter 1: DESTRUCTION OF LIFE
b. Affidavit attached to complaint for ejectment
c. Affidavit for application for marriage license Section 1: Parricide, Murder, Homicide
 ―requires‖—in the phrase ―in cases in which the law 246. Parricide. Any person who shall kill his father,
so requires‖—means ―authorizes‖; hence, the 4th mother, or child, whether legitimate or illegitimate, or
element is read as ―that the sworn statement
any of his ascendants or descendants, or his spouse,
containing the falsity is authorized by law‖
o Hence, even if there is no law, requiring the shall be guilty of parricide and shall be punished by the
statement to be made under oath, as long as it is penalty of reclusion perpetua to death.
made for legal purpose, it is sufficient  Elements:
 ―not being included in the provisions of the next 1. That a person is killed
preceding articles‖—perjury is a crime other than false 2. That the deceased is killed by the accused
testimony in criminal cases or civil cases 3. That the deceased is the father, mother, or child,
 False testimony during preliminary investigations is whether legitimate or illegitimate, or a legitimate
perjury because false testimony in judicial proceedings other ascendant or other descendant, or the
contemplates an actual trial where a judgment of legitimate spouse, of the accused
conviction or acquittal is rendered  Essential Element:—Relationship of the offender with
 2 contradictory sworn statements are not sufficient to the victim
convict of perjury because the prosecution must prove  Ascendants and descendants:—exclude parents and
which one is false children
 Subordination of Perjury—committed by a person  Other ascendant or descendant:—must be legitimate
who knowingly and willfully procures another to swear o Hence, he who kills an illegitimate grandfather or
falsely and the witness suborned does testify under grandson is not guilty of parricide
circumstances rendering him guilty of perjury o Illegitimate—all children born out of wedlock
 The specific provision under the old Penal Code a. Adulterine
penalizing subordination of perjury, was omitted in the b. Incestuous, and
RPC c. Sacrilegious children
o The crime is now treated as plain perjury  If the deceased is either the father, mother or the
o The one inducing another is a principal by child, of the accused, proof of legitimacy is not
inducement while the latter is principal by direct required
participation  Only relatives by blood and in direct line, except
spouse, are considered in parricide
184. Offering false testimony in evidence—: Any person o An adopted father or adopted son, or father-in-law
who shall knowingly offer in evidence a false witness or or son-in-law is not included in this provision for
parricide
testimony in any judicial or official proceeding, shall be
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 36 of 75
 The spouse must be legitimate 1. That a legally married person or a parent surprises
o The best proof of the relationship between the his spouse or his daughter, the latter under 18 years
accused and the deceased is the marriage certificate of age and living with him, in the act of committing
o Oral evidence presented to prove the fact of sexual intercourse with another person
marriage is not objected to, the said evidence may be 2. That he or she kills any or both of them or inflicts
considered by the court upon any or both of them any serious physical injury
o The testimony of the accused that he was married to in the act or immediately thereafter
the deceased was an admission against his penal 3. That he has not promoted or facilitated the
interest prostitution of his wife or daughter or that he or she
 Marriages among Muslims or among members of the has not consented to the infidelity of the other
ethnic cultural communities may be performed validly spouse
without the necessity of a marriage license provided  This article does not define a felony:—the accused
they are solemnized in accordance with their customs, shall be sentenced to destierro, instead of the severe
rites or practices penalty for parricide, homicide, or serious physical
 Relationship must be alleged injuries
o However, relationship must be considered o The requisites of Art. 247 must be established by the
aggravating even if not alleged in the information evidence of the defense
 Parricide through reckless imprudence:—is punished o Since this does not charge a distinct crime, the
by arresto mayor in its maximum period to prision accused charged with killing his wife’s paramour,
correccional in its medium period. If committed through cannot enter into a conditional plea of guilty and be
simple imprudence or negligence, the penalty is arresto sentenced immediately to destierro
mayor in its medium and maximum periods  The accused must be a legally married person
 Parricide by mistake:—if a person killed another, not o ―any legally married person‖ and ―spouse‖ include
knowing that the latter was his son, will he be guilty of the wife
parricide? Yes, because the law does not require the  Must the parent be legitimate? This article does not
knowledge of relationship between them seem to require it.
 Indemnity in parricide case:—a husband who killed his  This article applies only when the daughter is single
wife was ordered to indemnify his wife’s heirs P50,000 because while under 18 years old and single, she is
o A natural father killed his child, no indemnity was under parental authority.
imposed, considering that the accused, as the father, o If she is married, her husband alone can claim the
is the presumptive heir of the deceased benefits of Art. 247
 Liability of stranger cooperating in parricide:—such  ―surprise‖—―to come upon suddenly and
person is not guilty of parricide but only homicide or unexpectedly‖
murder, as the case may be o But in Peope v. Gabriel, the accused, peeping through
a hole near the kitchen, saw his wife and her
247. Death or physical injuries inflicted under paramour kissing each other; and when they
commenced the act of sexual intercourse, it was only
exceptional circumstances. Any legally married person
then when the accused attacked them. The accused
who, having surprised his spouse in the act of was not held liable for the injuries suffered by the
committing sexual intercourse with another person, paramour
shall kill any of them or both of them in the act or  Surprising the spouse or young daughter in the act of
immediately thereafter, or shall inflict upon them any sexual intercourse:—indispensable requisite
serious physical injury, shall suffer the penalty of o This article is not applicable when the accused did
destierro. not see his spouse in the act of sexual intercourse
If he shall inflict upon them physical injuries of any with another person
other kind, he shall be exempt from punishment. o ―in the act of committing sexual intercourse‖ does
not include merely sleeping on the same bed neither
These rules shall be applicable, under the same does it include a situation where the accused
circumstances, to parents with respect to their surprised his wife after the act
daughters under 18 years of age, and their seducer,  ―Sexual intercourse‖ does not include preparatory acts
while the daughters are living with their parents. because majority of the Justices of the SC believed that
there must be actual sexual intercourse.
Any person who shall promote or facilitate the
 The killing or inflicting of serious physical injuries
prostitution of his wife or daughter, or shall otherwise
must be
have consented to the infidelity of the other spouse a. ―in the act of sexual intercourse‖; or
shall not be entitled to the benefits of this article. b. ―immediately thereafter‖
 Requisites for the application of this article:
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 The discover, the escape, the pursuit and the killing 3. That the killing was attended by any of the
must all form part of one continuous act qualifying circumstances mentioned in Art. 246
o The killing must be the direct by-product of the 4. The killing is not parricide or infanticide
accused’s rage  ―shall kill another‖—in murder, the victim must be
 Justification for Art. 247: The law, when the killed to consummate the crime. If the victim is not
circumstances provided by this article are present, killed, it is either attempted or frustrated murder
considers the spouse or parent as acting in a justified  Killing a person by means of fire is murder, only when
burst of passion there is actual design to kill on the part of the
 If the physical injuries inflicted are less serious or offender.
slight, there is no criminal liability. It is an absolutory o This ruling is applicable to all the other
cause circumstances enumerated in par. 3 of Art. 248
 Liability for physical injuries suffered by third persons: except in case of treachery
Where physical injuries were suffered by third persons o Killing a person with treachery is murder even if
as a result of being caught in the crossfire, the accused there is no intent to kill
cannot be held liable for injuries sustained by third  Rules for the application of the circumstances which
persons as a result thereof. Inflicting death under qualify the killing to murder:
exceptional circumstances is not murder, hence, there a. That murder will exist with only one of the
is no felony. circumstances described in Art. 248
 The penalty of destierro is not really intended as a o When more than one of said circumstances are
penalty but to remove the killer spouse from the present, the others must be considered as generic
vicinity and to protect him or her from acts of reprisal aggravating
principally by relatives of the deceased spouse. b. That when the other circumstances are absorbed or
 Persons who committed parricide not to be punished included in one qualifying circumstance, they cannot
with reclusion perpetua to death: be considered as generic aggravating
a. When parricide is committed through negligence o i.e. the qualifying circumstances of murder is either
b. When it is committed by mistake treachery, abuse of superior strength, or with aid
c. When it is committed under exceptional of armed men, if treachery is chosen to qualify the
circumstances crime, the others are not generic aggravating
circumstances, because they are included in the
qualifying circumstance of treachery
248. Murder. Any person who, not falling within the
c. That any of the qualifying circumstances
provisions of Art. 246, shall kill another, shall be guilty enumerated in Art. 248 must be alleged in the
of murder and shall be punished by reclusion perpetua information
to death if committed with any of the following o If not, it is only a generic aggravating circumstance
attendant circumstances:  Treachery:—whenever present and alleged in the
1. With treachery, taking advantage of superior information, qualifies the killing of the victim and
strength, with the aid of armed men, or raises it to the category of murder
employing means to weaken the defense, or of o The means, methods or forms of attack must be
means or persons to insure or afford impunity consciously adopted by the offender
2. In consideration of a price, reward, or promise o Exists in killing of a child of tender years even when
3. By means of inundation, fire, poison, explosion, the manner of the attack was not shown
shipwreck, stranding of a vessel, derailment or  With the aid or armed men:—when the accused had
assault upon a railroad, fall of an airship, by companions who were armed when he committed the
means of motor vehicles, or with the use of any crime
o The armed men must take part in the commission of
other means involving great waste and ruin
the crime directly or indirectly and the accused must
4. On occasion of any of the calamities enumerated avail himself of their aid or rely upon them when the
in the preceding paragraph, or of an earthquake, crime is committed
eruption of a volcano, destructive cyclone,  Treachery and evident premeditation are inherent in
epidemic, or other public calamity murder by means of poison, as such, they cannot be
5. With evident premeditation considered as aggravating
6. With cruelty, by deliberately and inhumanly o It becomes inherent only when the offender has the
augmenting the suffering of the victim, or intent to kill the victim and he uses poison as a
outraging or scoffing at his person or corpse means to kill him
 Elements of Murder:  With evident premeditation:—present when the
1. That a person was killed prosecution proves
2. That the accused killed him
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a. The time when the offender determined to kill his  Accidental homicide:—death of a person brought
victim about by a lawful act performed with proper care and
b. An act of the offender manifestly indicating that he skill, and without homicidal intent
clung to his determination to kill his victim o But if the rules have been violated, and death
c. A sufficient lapse of time (at least 3 hours) between resulted, the crime would be homicide through
the determination and the execution of the killing negligence
 With cruelty:—present when other injuries or wounds  Corpus delict—the actual commission of the crime
are inflicted deliberately by the offender, which are not charged
necessary for the killing of the victim o A crime was actually perpetrated, and does not refer
o The victim must be alive when the other injuries or to the body of the murdered person
wounds are inflicted o There must be satisfactory evidence of (a) the fact of
 Outraging or scoffing at the person or corpse of the death and (b) the identity of the victim
vicitm:—
o ―Outraging‖—to commit an extremely vicious or 250. Penalty for frustrated parricide, murder, or
deeply insulting act homicide. The courts, in view of the facts of the case,
o ―scoffing‖—to jeer, and implies a showing of may impose upon the person guilty of the frustrated
irreverence crime or parricide, murder, or homicide, defined and
penalized in the preceding articles, a penalty lower by
249. Homicide. Any person who, not falling within the one degree than that which should be imposed under
provisions of Art. 246, shall kill another, without the the provisions of Art. 50.
attendance of any of the circumstances enumerated in
the next preceding article, shall be deemed guilty of The courts, considering the facts of the case, may
homicide and be punished by reclusion temporal. likewise reduce by one degree the penalty which under
 Elements of Homicide: Art. 51 should be imposed for an attempt to commit
1. That a person was killed any of such crimes.
2. That the accused killed him without any justifying  Courts may impose a penalty 2 degrees lower for
circumstance frustrated parricide, murder or homicide
3. That the accused had the intention to kill, which is  Courts may impose a penalty 2 degrees lower for
presumed attempted parricide, murder or homicide
4. That the killing was not attended by any of the  Any person who shall attempt on, or conspire against,
qualifying circumstances of murder, or by that of the life of the President of the Republic of the
parricide or infanticide Philippines, that of any member of his family, or
 Intent to kill is conclusively presumed when death against the life of any member of his cabinet or that of
resulted:—because the penal law looks particularly to any member of the latter’s family, shall suffer the
the material results following the unlawful act and penalty of death
holds the aggressor responsible for all the
consequences thereof 251. Death cause in a tumultuous affray. When, while
 Evidence of intent to kill is important only in several persons, not composing groups organized for
attempted or frustrated homicide the common purpose of assaulting and attacking each
o Intent to kill is usually shown by the (a) kind of other reciprocally, quarrel and assault each other in a
weapon used by the offender and the (b) parts of the confused and tumultuous manner, and in the course of
victim’s body at which the weapon was aimed, as
the affray someone is killed, and it cannot be
shown by the wounds inflicted
o This must be proved beyond reasonable doubt ascertained who actually killed the deceased, but the
person or persons who inflicted serious physical injuries
 There is no offense of frustrated homicide through
negligence can be identified, such person or persons shall be
o The element of intent to kill in frustrated homicide punished by prision mayor.
is incompatible with negligence or imprudence. If it cannot be determined who inflicted the serious
o Intent in felonies by means of dolo is replaced with physical injuries on the deceased, the penalty of prision
lack of foresight or skill in felonies by culpa correccional in its medium and maximum periods shall
 Where the wounds that caused death were inflicted by be imposed upon all those who shall have used violence
two different persons, even if they were not in upon the person of the victim.
conspiracy, each one of them is guilty of homicide
 Elements:
 The use of unlicensed firearm is an aggravating 1. That there be several persons
circumstance in homicide

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2. That they did not compose groups organized for the  The injured party in the crime under this article must
common purpose of assaulting and attacking each be one or some of the participants in the affray
other reciprocally  Note that only those who used violence are punished,
3. That these several persons quarreled and assaulted because if the one who caused the physical injuries is
one another in a confused and tumultuous manner known, he will be liable for the physical injuries
4. That someone was killed in the course of the affray actually committed, and not under this article
5. That it cannot be ascertained who actually killed the  There is no clear provision for slight physical injuries
deceased in a tumultuous affray
6. That the person or persons who inflicted serious o The 2nd par. mentions physical injuries of a less
physical injuries or who used violence can be serious nature intended to exclude slight physical
identified injuries
 ―Several‖—more than 2 but not very many
 ―Tumultuous‖—the disturbance is caused by more 253. Giving assistance to suicide. Any person who shall
than 3 persons who are armed or are provided with assist another to commit suicide shall suffer the penalty
means of violence of prision mayor, if such person lends his assistance to
 There is no crime of death in a tumultuous affray if another to the extent of doing the killing himself, he
the quarrel is between 2 well-known groups shall suffer the penalty of reclusion temporal. However,
 The person killed in the course of the affray need not if the suicide is not consummated, the penalty of
be one of the participants in the affray
arresto mayor in its medium and maximum periods
 If the one who inflicted the fatal wound is known, it is shall be imposed.
homicide in the case of the one who inflicted the fatal
wound  Acts punishable:
1. By assisting another to commit suicide, whether the
 Persons liable for death in a tumultuous affray: suicide is consummated or not
1. The person or persons who inflicted the serious 2. By lending his assistance to another to commit
physical injuries are liable suicide to the extent of doing the killing himself
2. If it is not known who inflicted the serious physical
 ―if the suicide is not consummated‖—has reference to
injuries on the deceased, all the persons who used
violence upon the person of the victim are liable, the first way of giving assistance to suicide and the
but with lesser liability penalty will be arresto mayor in its medium and
maximum periods
o If it is the second way of giving assistance to suicide,
252. Physical injuries inflicted in a tumultuous affray. penalty of one or two degrees lower than that
When in a tumultuous affray as referred to in the provided for consummated suicide shall be imposed,
preceding article, only serious physical injuries are depending upon whether it is frustrated or it is
inflicted upon the participants thereof and the person attempted suicide
responsible therefor cannot be identified, all those who  Art. 253 does not distinguish and does not make any
appear to have used violence upon the person of the reference to the relation of the offender with the
offended party shall suffer the penalty next lower in person committing suicide
degree than that provided for the physical injuries so  A person who attempts to commit suicide is not
inflicted. criminally liable because society has considered such
person as an unfortunate being, a wretched person
When the physical injuries inflicted are of a less serious
more deserving of pity rather than of penalty
nature and the person responsible therefor cannot be
 In order to incur criminal liability for the result not
identified, all those who appear to have used any intended, one must be committing a felony
violence upon the person of the offended party shall be o An attempt to commit a suicide is an act, but it is
punished by arresto mayor from 5 to 15 days. not punishable by law
 Elements: o Hence, an abortion that resulted from an attempted
1. That there is tumultuous affray as referred to in the suicide is unintentional, as abortion was not
preceding article intended by the mother, and unintentional abortion
2. That a participant or some participants thereof is punishable only when it is caused by violence, not
suffer serious physical injuries or physical injuries of by poison
a less serious nature only  Euthanasia—commonly known as mercy killing—is
3. That the person responsible therefor cannot be the practice of painlessly putting to death a person
identified suffering from some incurable disease
4. That all those who appear to have used violence o This is not lending assistance to suicide
upon the person of the offended party are known o The person killed does not want to die

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o A doctor who resorts to mercy-killing of his patient  Infanticide—the killing of any child less than 3 days of
may be liable for murder age, whether the killer is the parent or grandparent,
any other relative of the child, or a stranger
254. Discharge of firearms. Any person who shall shoot  Elements of infanticide:
at another with any firearm shall suffer the penalty of 1. That a child was killed
prision correccional in its minimum and medium 2. That the deceased child was less than 3 days (72
periods, unless the facts of the case are such that the hours) of age
act can be held to constitute frustrated or attempted 3. That the accused killed the said child
parricide, murder, homicide, or any other crime for  If the father or the mother or legitimate grandparent
which a higher penalty is prescribed by any of the commits infanticide, the penalty is that of parricide
articles of this Code.  If the offender is not so related to the child, the
 Elements: penalty of murder shall be imposed
1. That the offender discharges a firearm against or at  Concealing dishonor is not an element of parricide but
another person merely mitigates the liability of the mother or maternal
2. That the offender has no intention to kill that grandparents who committed the crime
person  Persons who can use the mitigating circumstance of
 ―shall shoot at another‖—this is done without intent concealing the dishonor:
to kill a. Mother
o If the firearm is not discharged at a person, there is b. Maternal grandparents
no crime of discharge of firearm  Delinquent mother who claims concealing dishonor
o The purpose is only to intimidate or to frighten the must be of good reputation and good morals, in order
offended party to avail the mitigating circumstance
 Discharge towards the house of victim is not illegal o If she is a prostitute, she is not entitled to a lesser
discharge of firearm penalty because she has no honor to conceal
o It is essential to prove in a positive way that the  A stranger cooperating with the mother in killing a
discharge of the firearm was directed precisely child less than 3 days old is guilty of parricide, but the
against the offended party penalty is that for murder
 Firing a gun against the house of the offended party at  No crime of infanticide where the child was born
random, not knowing in what part of the house the dead, or although alive, it could not sustain an
people inside were, is only alarm under Art. 155 independent life when it was killed
 Intent to kill is negative by distance of 200 yards o The child must be born alive and fully developed,
between offender and victim that is, it can sustain an independent life
 Complex crime of illegal discharge of firearm with o A foetus about 6 months old cannot sustain by
serious or less serious physical injuries itself, outside of maternal womb
o But no complex crime if only slight physical injury is
inflicted 256. Intentional abortion. Any person who shall
 The crime is discharge of firearm, even if the gun was intentionally cause an abortion shall suffer:
not pointed at the offended party when it fired, as long 1. The penalty of reclusion temporal, if he shall use
as it was initially aimed by the accused at or against the any violence upon the person of the pregnant
offended party woman
2. The penalty of prision mayor, if, without using
Section 2: Infanticide and Abortion violence, he shall act without the consent of the
255. Infanticide. The penalty provided for parricide in woman
Art. 246 and for murder in Art. 248 shall be imposed 3. The penalty of prision correccional in its medium
upon any person who shall kill any child less than 3 days and maximum periods, if the woman shall have
of age. consented
 Abortion—the willful killing of the foetus in the
If the crime penalized in this article be committed by uterus, or the violent expulsion of the feotus from the
the mother of the child for the purpose of concealing maternal womb which results in the death of the
her dishonor, she shall suffer the penalty of prision foetus
mayor in its medium and maximum periods, and if said  If abortion is intended and the foetus does not die, it
crime be committed for the same purpose by the is frustrated intentional abortion when all the acts of
maternal grandparents or either of them, the penalty execution have been performed by the offender
shall be reclusion temporal.

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 If abortion is not intended and the foetus does not die, woman who shall practice an abortion upon herself or
in spite of violence intentionally exerted, the crime shall consent that any other person should do so.
may be only physical injuries
Any woman who shall commit this offense to conceal
 Regardless if the foetus is full term, as long as it dies as
her dishonor shall suffer the penalty of prision
a result of violence used or the drugs administered, the
crime of abortion exists correccional in its minimum and medium periods.
 Ways of committing intentional abortion: If this crime be committed by the parents of the
1. By using any violence upon the person of the pregnant woman or either of them, and they act with
pregnant woman the consent of said woman for the purpose of
2. By acting, but without using violence, without the concealing her dishonor, the offenders shall suffer the
consent of the woman (By administering drugs or penalty of prision correccional in its medium and
beverages upon such pregnant woman without her maximum periods.
consent)
 Elements:
3. By acting (by administering drugs or beverages) with
1. That there is pregnant woman who has suffered an
the consent of the pregnant woman
abortion
 Elements of intentional abortion: 2. That the abortion is intended
1. That there is a pregnant woman 3. That the abortion is caused by—
2. That violence is exerted, or drugs or beverages a. The pregnant woman herself
administered, or that the accused otherwise acts b. Any other person, with her consent
upon such pregnant woman c. Any of her parents, with her consent for the
3. That as a result of the use of violence or drugs or purpose of concealing her dishonor
beverages upon her, or any other act of the accused,
 Art. 258 covers 3 cases:
the foetus dies, either in the womb or after having
1. Abortion committed by the woman upon herself or
been expelled therefrom
by any other person with her consent
4. That the abortion is intended
2. Abortion by the woman upon herself to conceal her
 The crime is infanticide if: dishonor
a. Foetus could sustain an independent life after its 3. Abortion by any of the parents of the woman with
separation from the maternal womb the latter’s consent to conceal her dishonor
b. Foetus is killed  Only the woman or any of her parents is liable under
Art. 258, if the purpose of the latter is to conceal her
257. Unintentional abortion. The penalty of prision dishonor
correccional in its minimum and medium periods shall o Any other persons will be liable under Art. 256
be imposed upon any person who shall cause an  There is no mitigation for the parents of the pregnant
abortion by violence, but unintentionally. woman even if the purpose is to conceal dishonor
 Elements of unintentional abortion: unlike in infanticide
1. That there is a pregnant woman
2. That violence is used upon such pregnant woman 259. Abortion practiced by a physician or midwife and
without intending an abortion dispensing of abortives. The penalties provided in Art.
3. That the violence is intentionally exerted 256 shall be imposed in their maximum period,
4. That as a result of the violence the foetus dies, either respectively, upon any physician or midwife who, taking
in the womb or after having been expelled advantage of their scientific knowledge or skill, shall
therefrom
cause an abortion or assist in causing the same.
 Unintentional abortion is committed only by violence
 ―violence‖—there is actual physical force Any pharmacist who, without the proper prescription
 For the crime of abortion, even unintentional, to be from a physician, shall dispense any abortive shall suffer
held committed, the accused must have known of the arresto mayor and a fine not exceeding 1000 pesos.
pregnancy  Elements:
 There is a complex crime of homicide or parricide 1. That there is a pregnant woman who has suffered an
with unintentional abortion and complex crime of abortion
parricide with abortion 2. That the abortion is intended
3. That the offender, who must be a physician or
258. Abortion practiced by the woman herself or by her midwife, causes, or assists in causing, the abortion
4. That said physician or midwife takes advantage of
parents. The penalty of prision correccional in its
his or her scientific knowledge or skill
medium and maximum periods shall be imposed upon a
 Reason for the maximum penalty imposed upon
physician or midwife
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o They incur heavier guilt in making use of their  If death results, penalty is the same as that for
knowledge for the destruction of human life where homicide.
it should be used only for its preservation  When the agreement is to fight to death, there is intent
 As to pharmacists, the elements are: to kill on the part of the combatants. However, the
1. That the offender is a pharmacist Code disregards the intent to kill in considering the
2. That there is no proper prescription from a penalty for duel when only physical injuries are
physician inflicted upon the adversary.
3. That the offender dispenses any abortive  If only slight physical injuries are inflicted, the penalty
 As to the pharmacist, it is not necessary that the of arresto menor shall be imposed
abortive be actually used
o The act constituting the offense is dispensing 261. Challenging to a duel. The penalty of prision
abortive without proper prescription from a correccional in its minimum period shall be imposed
physician
upon any person who shall challenge another, or incite
o If the pharmacist knew that the abortive would be
used to cause an abortion and abortion resulted another to give or accept a challenge to a duel, or shall
from the use thereof, the pharmacist would be an scoff at or decry another publicly for having refused to
accomplice in the crime of abortion accept a challenge to fight a duel.
 RA 4729:  Acts punished:
o ―Contraceptive drug‖ is any medicine, drug, 1. By challenging another to a duel
chemical or portion which is used exclusively for the 2. By inciting another to give or accept a challenge to a
purpose of preventing fertilization of the female duel
ovum 3. By scoffing at or decrying another publicly for
o ―Contraceptive device‖ is any instrument, device, having refused to accept a challenge to fight a duel
material or agent introduced into the female  A challenge to fight, without contemplating a duel, is
reproductive system for the primary purpose of not challenging to a duel
preventing conception  Persons liable:
1. Challenger
Section 3: Duel 2. Instigators
260. Responsibility of participants in a duel. The penalty
Chapter 2: PHYSICAL INJURIES
of reclusion temporal shall be imposed upon any person
who shall kill his adversary in a duel. Crimes of Physical Injuries:
1. Mutilation (Art. 262)
If he shall inflict upon the latter physical injuries only, he 2. Serious physical injuries (Art. 263)
shall suffer the penalty provided therefor, according to 3. Administering injurious substance or beverages (Art.
their nature. 264)
In any other case, the combatants shall suffer the 4. Less serious physical injuries (Art. 265)
5. Slight physical injuries (Art. 266)
penalty of arresto mayor, although no physical injuries
have been inflicted.
262. Mutilation. The penalty of reclusion temporal to
The seconds shall in all events be punished as reclusion perpetua shall be imposed upon any person
accomplices. who shall intentionally mutilate another by depriving
 Duel—a formal or regular combat previously him, either totally or partially, of some essential organ
concerted between the 2 parties in the presence of 2 or for reproduction.
more seconds of lawful age on each side, who make
the selection of arms and fix all the other conditions Any other intentional mutilation shall be punished by
of the fight prision mayor in its medium and maximum periods.
 Acts punished in duel:  ―mutilation‖—the lopping or the clipping off of some
1. By killing one’s adversary in a duel part of the body
2. By inflicting upon such adversary physical injuries  The putting out of an eye does not fall under this
3. By making a combat although no physical injuries definition
have been inflicted  2 kinds of mutilation:
 Persons liable in a duel: 1. By intentionally mutilating another by depriving
1. The person who killed or inflicted physical injuries him, either totally or partially, of some essential
upon his adversary or both combatants in any other organ for reproduction
case, as principals 2. By intentionally making other mutilation, that is, by
2. The seconds, as accomplices lopping or clipping off any part of the body of the

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offended party, other than the essential organ for case covered by subdivision number 1 of this Article
reproduction, to deprive him of that part of his shall be punished by reclusion temporal in its medium
body and maximum periods; the case covered by subdivision
 Elements of mutilation of first kind: number 2 by prision correccional in its maximum period
1. That there be a castration, that is, mutilation of to prision mayor in its minimum period; the case
organs necessary for generation, such as the penis or covered by subdivision number 3 by prision correccional
ovarium
in its medium and maximum periods; and the case
2. That the mutilation is caused purposely and
deliberately, that is, to deprive the offended party of covered by subdivision number 4 by prision correccional
some essential organ for reproduction in its minimum and medium periods.
 ―castration‖—amputation of whatever organ necessary The provisions of the preceding paragraph shall not be
for generation applicable to a parent who shall inflict physical injuries
 ―any other intentional mutilation‖—―mayhem‖—if upon his child by excessive chastisement.
the mutilation involves a part of the body, other than  How is the crime of serious physical injuries
an organ for reproduction, with a deliberate purpose committed?
of depriving him of that part of his body 1. By wounding
 The penalty of reclusion perpetua shall be imposed under 2. By beating
par. 2 if the victim is under 12 years of age 3. By assaulting (Art. 263)
4. By administering injurious substance (Art. 264)
 If the mutilation is not caused purposely and
deliberately, the case will be considered as physical  A person may be guilty of lesions by reckless
imprudence, or by simple imprudence or negligence
injuries falling under par. 1 or 2 of Art. 263
under Art. 365 in relation to Art. 263, when due to
lack of precaution he wounded another
263. Serious physical injuries. Any person who shall  What are serious physical injuries?
wound, beat, or assault another, shall be guilty of the 1. When the injured person becomes insane, imbecile,
crime of serious physical injuries and shall suffer: impotent, or blind in consequence of the physical
1. The penalty of prision mayor if in consequence of injuries inflicted
the physical injuries inflicted, the injured person 2. When the injured person, in consequence of the
shall become insane, imbecile, impotent, or blind physical injuries inflicted,
2. The penalty of prision correccional in its medium a. Loses the use of speech or the power to hear or to
and maximum periods if in consequence of the smell, or loses an eye, a hand, a foot, an arm, or a
physical injuries inflicted, the person injured shall leg
have lost the use of speech or the power to hear b. Loses the use of any such member, or
or to smell, or shall have lost an eye, a hand, a c. Becomes incapacitated for the work in which he
was theretofore habitually engaged
foot, an arm, or a leg, or shall have lost the use of
3. When the person injured, in consequence of the
any such member, or shall have become physical injuries inflicted,
incapacitated for the work in which he was a. becomes deformed, or
theretofore habitually engaged b. loses any other part of his body, or
3. The penalty of prision correccional in its minimum c. loses the use thereof, or
and medium periods if in consequence of the d. becomes ill or incapacitated for the performance
physical injuries inflicted, the person injured shall of the work in which he was habitually engaged
have become deformed, or shall have lost any for a period of more than 90 days
other part of his body, or shall have lost the use 4. When the injured person becomes ill or incapacitated
thereof, or shall have been ill or incapacitated for for labor for more than 30 days (but must not be
the performance of the work in which he was more than 90 days), as a result of the physical injuries
habitually engaged for a period of more than 90 inflicted
days  Classes of serious physical injuries:
1. The consequences of the injuries inflicted
4. The penalty of arresto mayor in its maximum
2. The nature and character of the wound inflicted
period to prision correccional in its minimum 3. The proper penalty
period, if the physical injuries inflicted shall have
 There must be no intent to kill
caused the illness or incapacity for labor of the
injured person for more than 30 days.
If the offense shall have been committed against any of
the persons enumerated in Art. 246, or with attendance
of any of the circumstances mentioned in Art. 248, the

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Physical injuries Attempted or frustrated oLoss of power to hear of right ear only is loss of use
homicide of other part of body
Offender inflicts physical injuries o There is illness for a certain period of time, when
Attempted homicide may be the wound inflicted did not heal within that period
committed even if no physical o Medical attendance is not important in serious
injuries are inflicted physical injuries
The offender has no The offender has an intent to kill o In pars. 2 and 3, the offended party must have an
intent to kill avocation or work at the time of the injury
 PARAGRAPH 1:  ―work‖—includes studies or preparation for a
o Impotence—inability to copulate and sterility profession
o Penalty of reclusion perpetua shall be imposed when  PARAGRAPH 4:
the victim is under 12 years of age o The incapacity contemplated here is for any kind of
o Blindness must be of 2 eyes labor
 The blindness must be complete o Hospitalization for more than 30 days may mean
 Mere weakness of vision is not contemplated either illness or incapacity for labor for more than
 PARAGRAPH 2: 30 days
o It must be loss of power to hear of both ears o When the category of the offense of serious
o Presupposes that the loss of the use of the hand or physical injuries depends on the period of illness or
the incapacity for usual work is permanent incapacity for labor, there must be evidence of the
 Prosecution must prove by clear and conclusive length of that period otherwise, the offense is only
evidence that the offended party actually cannot slight physical injuries
make use of his hand and that such impairment is o There is no incapacity if the injured party could still
permanent engage in his work although less effectively than
o All those body parts mentioned in par. 2 are before
principal members  Qualified serious physical injuries:
 PARAGRAPH 3: a. If the offense is committed against any of the
o ―any other part of his body‖—―any other persons enumerated in the article defining the crime
member‖—any member other than an eye, a hand, a of parricide
foot, an arm, or a leg b. If the offense is attended by any of the
o If it is alleged in the information and proved that the circumstances mentioned in the article defining the
loss of the use of the 3 fingers also resulted in the crime of murder
loss of the use of the hand itself, it is serious
physical injuries under par. 2 264. Administering injurious substances or beverages.
o Deformity requires that it be: The penalties established by the next preceding article
a. Physical ugliness shall be applicable in the respective case to any person
b. Permanent and definite abnormality, and who, without intent to kill, shall inflict upon another any
c. Conspicuous and visible serious, physical injury, by knowingly administering to
o If the scar is usually covered by the dress or clothes, him any injurious substance or beverages or by taking
it would not be conspicuous and visible advantage of his weakness of mind or credulity.
o The injury contemplated by the Code is an injury  Elements:
that cannot be repaired by the action of nature 1. That the offender inflicted upon another any serious
 In case of loss of teeth, a child or an old man is an physical injury
exception to this rule 2. That it was done by knowingly administering to him
o A front tooth is a member of the body any injurious substances or beverages or by taking
o If there is loss of power to hear of both ears as a advantage of his weakness of mind or credulity
result of the loss of both outer ears, the crime 3. That he had no intent to kill
should be punished under par. 2
 ―by knowingly administering to him any injurious
o Deformities:
substance‖—if the accused did not know of the
1. The loss of 3 incisors is a visible deformity, while
injurious nature of the substances he administered, he
the loss of one incisor does not constitute
is not liable under this article
deformity according to the SC of Spain
 But it later cases, loss of one toot which  ―administering injurious substance‖—introducing into
impaired appearance is deformity the body the substance
2. Loss of both outer ears  Art. 264 does not apply when the physical injuries that
3. Loss of the lobule of the ear result are less serious or slight
4. Loss of index and middle fingers

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 ―by taking advantage of his weakness of mind or 266. Slight physical injuries and maltreatment. The
credulity‖—may take place in the case of witchcraft, crime of slight physical injuries shall be punished:
philters, magnetism, etc. 1. By arresto menor when the offender has inflicted
physical injuries which shall incapacitate the
265. Less serious physical injuries. Any person who shall offended party for labor from one to nine days, or
inflict upon another physical injuries not described in shall require medical attendance during the same
the preceding articles, but which shall incapacitate the period.
offended party for labor for ten days or more, or shall 2. By arresto menor or a fine not exceeding 20 pesos
require medical assistance for the same period, shall be and censure when the offender has caused
guilty of less serious physical injuries and shall suffer the physical injuries which do not prevent the
penalty of arresto mayor. offended party from engaging in his habitual work
Whenever less serious physical injuries shall have been nor require medical assistance.
inflicted with the manifest intent to kill or offend the 3. By arresto menor in its minimum period or a fine
injured person, or under circumstances adding not exceeding 50 pesos when the offender shall
ignominy to the offense in addition to the penalty of ill-treat another by deed without causing any
arresto mayor, a fine not exceeding 500 pesos shall be injury.
imposed.  Some hours after 9 days do not amount to 10 days
 Examples of physical injuries under par. 2:
Any less serious physical injuries inflicted upon the o Contusion on the face or black eye produced by
offender's parents, ascendants, guardians, curators, fistic blow
teachers, or persons of rank, or persons in authority,  When there is no evidence of actual injury, length of
shall be punished by prision correccional in its minimum time where the offended party is incapacitated for
and medium periods, provided that, in the case of labor or of the required medical attendance, it is only
persons in authority, the deed does not constitute the slight physical injury
crime of assault upon such person.  Example of slight physical injury by ill-treatment:
 Matters to be noted in the crime of less serious o Any physical violence which does not produce
physical injuries: injury, such as slapping the face, without causing
1. That the offended party is incapacitated for labor for dishonor
10 days or more (but not more than 30 days), or  Supervening event converting the crime into serious
needs medical attendance for the same period of physical injuries after the filing of the information for
time slight physical injuries can still be subject of
2. That the physical injuries must not be those amendment or of a new charge without necessarily
described in the preceding articles placing the accused in double jeopardy
 Qualified less serious physical injuries:
1. A fine not exceeding P500, in addition to arresto Chapter 3: Rape
mayor, shall be imposed for less serious physical
injuries when— 266-A. Rape, when and how committed. Rape is
a. There is a manifest intent to insult or offend the committed—
injured person 1. By a man who shall have carnal knowledge of a
b. There are circumstances adding ignominy to the woman under any of the following circumstances:
offense a. Through force, threat or intimidation
2. A higher penalty is imposed when the victim is b. When the offended party is deprived of reason
either— or is otherwise unconscious
a. The offender’s parents, ascendants, guardians, c. By means of fraudulent machination or grave
curators or teachers abuse of authority
b. Persons of rank or persons in authority, provided d. When the offended party is under 12 years of
the crime is not direct assault
age or is demented, even though none of the
 Medical attendance or incapacity is required
circumstances mentioned above be present
 If the wound required medical attendance for only 2 2. By any person who, under any of the
days but the injured party was prevented from
circumstances mentioned in par. 1 hereof, shall
attending to his ordinary labor for period of 29 days,
the physical injuries are denominated less serious commit an act of sexual assault by inserting his
 It is only slight physical injury when there is no penis into another person’s mouth or anal orifice,
medical attendance or incapacity for labor or any instrument or object, into the genital or
anal orifice of another person

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 Elements of rape under par. 1: o If there is no sexual intercourse and only acts of
1. That the offender is man lewdness are performed, the crime may be rape
2. That the offender had carnal knowledge of a woman through sexual assault under par. 2 or acts of
3. That such act is accomplished under any of the lasciviousness only under Art. 336
following circumstances:  PARAGRAPH 2: RAPE THROUGH SEXUAL
a. By using force, threat or intimidation ASSAULT
b. When the woman is deprived of reason or is o A violation of the body orifices by the fingers is
otherwise unconscious within the expanded definition of rape under RA
c. By means of fraudulent machination or grave 8353
abuse of authority o By using force and intimidation:
d. When the woman is under 12 years of age or is  Degree of force is necessary to constitute rape
demented  The force need not be irresistible
 Elements of rape under par. 2:  It is enough that the force used is sufficient to
1. That the offender commits an act sexual assault consummate the culprit’s purpose of copulating
2. That the act of sexual assault is committed by any of with the offended woman
the following means:  When the victim stated that she defended herself
a. By inserting his penis into another person’s mouth against the accused as long as she could, but he
or anal orifice overpowered her and held her till her strength
b. By inserting any instrument or object into the gave out, and then accomplished his vicious
genital or anal orifice of another person purpose, there is evidence of sufficient force
3. That the act of sexual assault is accomplished under  The force or violence necessary in rape is naturally
any of the following circumstances a relative term, depending on the
a. By using force, threat or intimidation a. Age, size and strength of the parties; and
b. When the woman is deprived of reason or is b. Their relation to each other
otherwise unconscious  Resistance when futile, does not amount to
c. By means of fraudulent machination or grave consent
abuse of authority  Test is whether the force or intimidation produces
d. When the woman is under 12 years of age or is a reasonable fear in the mind of the victim that if
demented she resists or does not yield to the desires of the
 Who can commit rape? Both male and female. accuse, the threat would be carried out
 PARAGRAPH 1: RAPE BY SEXUAL  Intimidation is enough if it produces fear
INTERCOURSE  This must be viewed in light of the victim’s
o ―rape by sexual intercourse‖—the contact of the perception and judgment at the time of rape and
male penis with the woman’s vagina not by any hard and fast rule
o There must be sexual intercourse o Moral ascendancy or influence, held to substitute for
 Penetration, even partial, is necessary the element of physical force or intimidation
 Proof of emission is not necessary  Under this, it is not necessary that the victim put
o There must be sufficient and convincing proof that up a determined resistance
the penis indeed touched the labias or slid into the  Rapes committed by:
female organ, and not merely stroked to the external a. Fathers against their daughters
surface thereof, for an accused to be convicted of b. Stepfathers against their stepdaughters
consummated rape c. A godfather against his goddaughter
o ―pudendum or vulva‖—collective term for the d. Uncles against their nieces
female genital organs that are visible in the perineal e. First cousin of the victim’s mother
area  Rape may be proved by the uncorroborated testimony
 ―mons pubis‖—the rounded eminence that of the offended woman
becomes hairy after puberty, and is instantly o The testimony, however, must be conclusive, logical
visible within the surface and probable
 ―labia mojora‖—outer lips of the female organ  Principles in guiding the appellate court in reviewing
composed of the outer convex surface and the the evidence adduced in a prosecution for the crime of
inner surface rape:
 Directly beneath labia majora is the labia minora 1. An accusation for rape can be made with facility, is
o Jurisprudence dictates that the labia majora must be difficult to prove, but more difficult for the person
entered for rape to be consummated, and not merely accused, though innocent, to disprove
for the penis to stroke the surface of the female 2. In view of the intrinsic nature of the crime of rape,
organ where only 2 persons are usually involved, the

Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 47 of 75


testimony of the complainant must be scrutinized When by reason or on the occasion of the rape,
with extreme caution homicide is committed, the penalty shall be death.
3. The evidence for the prosecution must stand or fall
on its own merits, and cannot be allowed to draw The death penalty shall also be imposed if the crime of
strength from the weakness of the evidence for the rape is committed with any of the following
defense aggravating/qualifying circumstances:
 When the woman is deprived of reason or otherwise 1. When the victim is under 18 years of age and the
unconscious—the victim has no will offender is a parent, ascendant, step-parent,
o Sexual intercourse with an insane woman is rape guardian, relative by consanguinity or affinity
o Cohabitation with feebleminded, idiotic woman is within the 3rd civil degree, or the common law
rape spouse of the parent of the victim
 Deprivation of reason contemplated by law does 2. When the victim is under the custody of the
not need to be complete police or military authorities or any law
 Mental abnormality or deficiency is sufficient enforcement or penal institution
o Intercourse with a deaf-mute is not rape, in the 3. When the rape is committed in full view of the
absence of proof that she is imbecile
spouse, parent, any of the children or other
o Rape while the woman is unconscious:
a. Carnal act while the woman is asleep or before a relatives within the 3rd civil degree of
young wife awoke consanguinity
b. When the woman is in lethargy produced by 4. When the victim is a religious engaged in
sickness legitimate religious vocation or calling and is
c. After the woman was knocked unconscious personally known to be such by the offender
d. When narcotic was administered to the woman before or at the time of the commission of the
e. When a potion is given to the woman crime
 Consummated rape 5. When the victim is a child below 7 years old
o Enough that the labia of the female organ was 6. When the offender knows that he is afflicted with
penetrated HIV AIDS or any other sexually transmissible
o It is not essential that there be a rupture of the disease and the virus or disease is transmitted to
hymen the victim
o It is not also essential that there be a complete
7. When committed by any member of the AFP or
penetration
para-military units thereof or the PNP or any law
o Absence of spermatozoa does not disprove
consummation of rape enforcement agency or penal institution, when
 There is NO frustrated rape the offender took advantage of his position to
facilitate the commission of the crime
 STATUTORY RAPE
o When the girl is under 12 years of age despite of her 8. When by reason or on the occasion of the rape,
consent or her being a prostitute the victim has suffered permanent physical
 The character of the offended woman is immaterial mutilation or disability
 Multiple rape by 2 or more offenders 9. When the offender knew of the pregnancy of the
o Each will suffer N number of crimes of rape offended party at the time of the commission of
depending on how many persons committed the the crime
crime 10. When the offender knew of the mental disability,
emotional disorder and/or physical handicap of
266-B. Penalties. Rape under par. 1 of the next the offended party at the time of the commission
preceding article shall be punished by reclusion of the crime
perpetua. Rape under par. 2 of the next preceding article shall be
punished by prision mayor.
Whenever the rape is committed with the use of a
deadly weapon or by 2 or more persons, the penalty Whenever the rape is committed with the use of a
shall be reclusion perpetua to death. deadly weapon or by 2 or more persons, the penalty
shall be prision mayor to reclusion temporal.
When by reason or on occasion of the rape, the victim
has become insane, the penalty shall be reclusion When by reason or on the occasion of the rape, the
perpetua to death. victim has become insane, the penalty shall be reclusion
perpetua.
When the rape is attempted and a homicide is
committed by reason or on the occasion thereof, the When the rape is attempted and a homicide is
penalty shall be reclusion perpetua to death. committed by reason or on the occasion thereof, the
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 48 of 75
penalty shall be reclusion temporal to reclusion committed with one or more aggravating
perpetua. circumstances
When by reason or on the occasion of the rape,
266-C. Effect of pardon. The subsequent valid marriage
homicide is committed, the penalty shall be reclusion
between the offender and the offended party shall
perpetua.
extinguish the criminal action or the penalty imposed.
Reclusion temporal shall also be imposed if the rape is
In case it is the legal husband who is the offender, the
committed with any of the ten aggravating/qualifying
subsequent forgiveness by the wife as the offended
circumstances mentioned in this article.
party shall extinguish the criminal action or the penalty:
 When the homicide is committed not by reason or on
Provided, that the crime shall not be extinguished or
the occasion of rape
the penalty shall not be abated if the marriage is void
o The victim was already at the threshold of death
when she was ravished ab inito.
 The bestiality may be regarded either as a form of  This benefits only the principals and not the
ignominy causing disgrace or as a form of cruelty accomplices and accessories
which aggravated the murder, it being unnecessary  This principle does not apply where multiple rape is
to the commission thereof committed
 Another illustration of rape with homicide o Because while marriage with one defendant
o When the rapist, who was suffering from gonorrhea, extinguishes the criminal liability, its benefits cannot
infected the victim who died as a result be extended to the acts committed by the others
 Penalties for rape under pars. 1 and 2
Paragraph 1 Paragraph 2 266-D. Presumptions. Any physical overt act
Committed under any of Reclusion Prision manifesting resistance against the act of rape in any
the 4 circumstances perpetua mayor degree from the offended party, or where the offended
Committed with the use Reclusion Prision party is so situated as to render her/him incapable of
of a deadly weapon or by perpetua to mayor to giving valid consent, may be accepted as evidence in the
2 or more persons Death Reclusion prosecution of the acts punished under Art. 266-A.
temporal
Rape where the victim Reclusion Reclusion
becomes insane perpetua to temporal Title 9: CRIMES AGAINST PERSONLA LIBERTY AND
Death SECURITY
Committed with Reclusion Reclusion
attempted rape and perpetua to temporal to Chapter 1: Crimes against Liberty
homicide Death Reclusion Section 1: Illegal Detention
perpetua
Crimes classified as illegal detention
Rape with homicide Death Reclusion
perpetua 1. Kidnapping and serious illegal detention (Art. 267)
2. Slight illegal detention (Art. 266)
Rape with Death Reclusion
3. Unlawful arrest (Art. 269)
aggravating/qualifying temporal
circumstances
267. Kidnapping and serious illegal detention—: Any
 Indemnity in Rape
o The award of P50,000 as indemnity ex delicto is private individual who shall kidnap or detain another, or
mandatory in any other manner deprive him of his liberty, shall
o Increased to, but not less than, P75,000 if the crime suffer the penalty of reclusion perpetua to death:
of rape is committed or effectively qualified by any 1. If the kidnapping or detention shall have lasted
of the circumstances under which the death penalty more than 3 days
is authorized by the present amended law 2. If it shall have been committed simulating public
 Indemnity in Rape with Homicide authority
o Award of P100,000 is mandatory 3. If any serious physical injuries shall have been
 P50,000 in case of death inflicted upon the person kidnapped or detained,
 P50,000 upon the finding of the fact of rape or if threats to kill him shall have been made
 Damages in Rape 4. If the person kidnapped or detained shall be a
o Moral damages of P50,000 is to be automatically minor, except when the accused is any of the
awarded in rape cases without need of proof parents, female or a public officer
o Exemplary damages may be awarded in criminal The penalty shall be death where the kidnapping or
cases as part of the civil liability if the crime was
detention was committed for the purpose of extorting
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 49 of 75
ransom from the victim or any other person, even if  Kidnapping with murder or homicide
none of the circumstances above mentioned were o Where the person kidnapped is killed in the course
present in the commission of the offense. of the detention, regardless of whether the killing
was purposely sought or was merely an afterthought,
When the victim is killed or dies as a consequence of the kidnapping and murder or homicide can no
detention, or is raped or is subjected to torture or longer be complexed under Art. 48, nor be treated
dehumanizing acts, the maximum penalty shall be as separate crimes, but shall be punished as a special
imposed. complex crime under the last par. of Art. 267
 Elements: o The specific intent is determinative of whether the
1. That the offender is a private individual crime committed is murder or kidnapping
2. That he kidnaps or detains another, or in any other  Specific intent—may be proved by direct or by
manner deprives the latter of his liberty circumstantial evidence.
3. That the act of detention or kidnapping must be o It may be inferred from the circumstances of the
illegal actions of the accused as established by the evidence
4. That in the commission of the offense, any of the on record
following circumstances is present: o Specific intent is not synonymous with motive
a. That the kidnapping or detention lasts for more where motive is not an essential element of a crime
than 3 days  Circumstances qualifying the offense
b. That is committed simulating public authority o When maximum penalty of death be imposed—
c. That any serious physical injuries are inflicted a. If the purpose of kidnapping or detention is to
upon the person kidnapped or detained or threats extort ransom
to kill him are made b. When the victim is killed or dies as a consequence
d. That the person kidnapped or detained is a minor, of the detention
female or a public officer c. When the victim is raped
 If the offender is a public officer, the crime is arbitrary d. When the victim is subjected to torture or
detention dehumanizing acts
o But the public officer must have a duty under the o Death is imposed as a single penalty
law to detain a person o Imposed regardless of the presence and number of
o If not, he will be held liable under this article ordinary mitigating circumstances
 When the victim is a minor and the accused is one of o The only privileged mitigating circumstance that can
the parents, they will be liable under Art. 271 lower the penalty by one degree is when the
 Intention to deprive the victim of his liberty for offender is over 15 but under 16 years of age
purposes of extorting ransom on the part of the  Ransom—money, price or consideration paid or
accused is essential in the crime of kidnapping demanded for redemption of a captured person or
o Actual demand for ransom is not necessary as long persons, a payment that releases from captivity
as the kidnapping was committed ―for the purpose  Conspiracy to extort ransom makes all the
of extorting ransom‖ conspirators liable under the 2nd par. of Art. 267,
 It is essential in the crime of illegal detention that there including those who did not take any part of the
be actual confinement or restriction of the person of money
the offended party  There is no complex crime of illegal detention with
o But it is not necessary that he be confined in an rape but only kidnapping with rape
inclosure Illegal detention Arbitrary detention
o Depriving him of his liberty is sufficient Committed by private Committed by a public
o Restraint need not be permanent individual officer or employee who
 Detention must be illegal detains a person without
o It is illegal when not ordered by competent authority legal ground
or not permitted by law Crime against personal Crime against the
 When the kidnapping or detention was committed for liberty and security fundamental law of the
the purpose of extorting ransom, it is not necessary State
that one or any of such circumstances enumerated be
present 268. Slight illegal detention—: The penalty of reclusion
 Detention for more than 3 days is not necessary when temporal shall be imposed upon any private individual
any of the other circumstances is present who shall commit the crimes described in the next
 Kidnapping of a public officer preceding article without the attendance of any of the
o A barrio captain is a public officer circumstances enumerated therein.
 Restraint by robbers is not illegal detention

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The same penalty shall be incurred by anyone who shall  Under Sec. 6 Rule 113 of the Revised Rules of
furnish the place for the perpetration of the crime. Criminal Procedure, a private person may arrest an
individual without warrant under the circumstances
If the offender shall voluntarily release the person so
when public officers can make arrest
kidnapped or detained within 3 days from the Unlawful arrest Delay in the delivery of
commencement of the detention, without having detained persons to the
attained the purpose intended, and before the proper judicial authority
institution of criminal proceedings against him, the
penalty shall be prision mayor in its minimum and Detention is not Detention is for some legal
medium periods and a fine not exceeding 700 pesos. authorized by law ground
Committed by making an Committed by failing to
 Elements:
1. That the offender is a private individual arrest not authorized by deliver such person to the
2. That he kidnaps or detains another, or in any other law proper judicial authority
manner deprives him of his liberty within a certain period of
3. That the act of kidnapping or detention is illegal time
4. That the crime is committed without the attendance
of any of the circumstances enumerated in Art. 267 Section 2: Kidnapping of Minors
 The same penalty is incurred by anyone who furnished Crimes called kidnapping of minors:
the place for the perpetration of the crime. His 1. Kidnapping and failure to return a minor
participation is raised to that of a real co-principal. 2. Inducing a minor to abandon his home
o But if the cooperation of the accomplice is by an act
other than furnishing the place for the perpetration 270. Kidnapping and failure to return a minor—: The
of the crime, the penalty shall be one degree lower penalty of reclusion perpetua shall be imposed upon
than that provided for the crime of slight illegal any person who, being entrusted with the custody of a
detention minor person, shall deliberately fail to restore the latter
 Privileged mitigating circumstances: (all 3 requisites to his parents or guardians.
must concur)
 Elements:
a. Voluntary releasing the person so kidnapped or
1. That the offender is entrusted with the custody of a
detained within 3 days from the commencement of
the detention minor person, whether over or under 7 years but
less than 21 years of age
b. Without having attained the purpose intended
c. Before the institution of criminal proceedings 2. The he deliberately fails to restore the said minor to
his parents or guardians
against him
 What is punished is the deliberate failure of the
 When the victim is a female, the detention is punished
custodian of the minor to restore the latter to his
under Art. 267 and voluntary release is not mitigating
under that article parents or guardian
Art. 267 Art. 270
Kidnapping of a minor is punished
269. Unlawful arrest—: The penalty of arresto mayor
Offender is not entrusted Offender is entrusted with
and a fine not exceeding 500 pesos shall be imposed with the custody of the the custody of the victim
upon any person who, in any case other than those victim
authorized by law, or without reasonable ground
therefor, shall arrest or detain another for the purpose 271. Inducing a minor to abandon his home—: The
of delivering him to the proper authorities. penalty of prision correctional and a fine not exceeding
 Elements: 700 pesos shall be imposed upon anyone who shall
1. That the offender arrests or detains another person induce a minor to abandon the home of his parents or
2. That the purpose of the offender is to deliver him to
guardians or the persons entrusted with his custody.
the proper authorities
3. That the arrest or detention is not authorized by law If the person committing any of the crimes covered by
or there is no reasonable ground therefor the two preceding articles shall be the father or the
 The offender is any person mother of the minor, the penalty shall be arresto mayor
o But if the offender is a public officer who has or a fine not exceeding 300 pesos, or both.
authority to arrest and detain a person but did so  Elements:
without legal ground, he is liable for arbitrary 1. That a minor, whether over or under 7 years of age
detention but less than 21, is living in the home of his parents
 No period of detention is fixed by law, but the motive or guardian or the person entrusted with his custody
of the offender is controlling
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 51 of 75
2. That the offender induces said minor to abandon  Elements:
such home 1. That the offender retains a minor in his service
 The inducement must be actual, committed with 2. That it is against the will of the minor
criminal intent, and determined by a will to cause 3. That it is under pretext of reimbursing himself of a
damage debt incurred by an ascendant, guardian or person
 ―to induce‖—to influence, to prevail on, to move by entrusted with the custody of such minor
persuasion, to incite by motives  The existence of an indebtedness constitutes no legal
 ―shall induce the minor to abandon the home‖—what justification for holding a person and depriving him of
constitutes the crime is the act of inducing a minor to his freedom to live where he wills
abandon his home or the home of his guardian
o It is not necessary that the minor actually abandons 274. Services rendered under compulsion in payment of
the home debt—: The penalty of arresto mayor in its maximum
 If the minor should leave his home of his own free period to prision correccional in its minimum period
will and would go and live with another person, the shall be imposed upon any person who, in order to
latter is not criminally liable require or enforce the payment of a debt, shall compel
the debtor to work for him, against his will, as
Section3: Slavery and servitude household servant or farm laborer.
Crimes called slavery and servitude:  Elements:
1. Slavery 1. That the offender compels a debtor to work for
2. Exploitation of child labor him, either as household servant or farm laborer
3. Services rendered under compulsion in payment of 2. That it is against the debtor’s will
debt 3. That the purpose is to require or enforce the
payment of a debt
272. Slavery—: The penalty of prision mayor and a fine  This article does not distinguish whether the victim is
not exceeding 10 000pesos shall be imposed upon a minor or not
anyone who shall purchase, sell, kidnap or detain a
human being for the purpose of enslaving him. Chapter 2: Crimes against Security
If the crime be committed for the purpose of assigning Section 1: Abandonment of helpless persons and
the offended party to some immoral traffic, the penalty exploitation of minors
shall be imposed in its maximum period. Crimes called abandonment of helpless persons and
 Elements: exploitation of minors:
1. That the offender purchases, sells, kidnaps or 1. Abandonment of persons in danger and abandonment
detains a human being of one’s victim
2. That the purchase of the offender is to enslave such 2. Abandoning a minor
human being 3. Abandonment of minor by person entrusted with his
 To distinguish from kidnapping or illegal detention, custody; indifference of parents
the purpose must be determine and it should be for 4. Exploitation of minors
the purpose of enslaving the victim
 ―for purpose of enslaving him‖—when it is proven 275. Abandonment of persons in danger and
that the victim was obliged to render service as a abandonment of one’s own victim—: The penalty of
servant without remuneration and to remain there so arresto mayor shall be imposed upon:
long as she has not paid her debt is slavery 1. Anyone who shall fail to render assistance to any
o the employment or custody of a minor with the person whom he shall find in an uninhabited place
consent of the parent or guardian although against wounded or in danger of dying, when he can
the child’s own will cannot be considered
render such assistance without detriment to
involuntary servitude
himself, unless such omission shall constitute a
more serious offense
273. Exploitation of child labor—: The penalty of prision
2. Anyone who shall fail to help or render assistance
correccional in its minimum and medium periods and a
to another whom he has accidentally wounded or
fine not exceeding 500 pesos shall be imposed upon
injured
anyone who, under the pretext of reimbursing himself
3. Anyone who, having found an abandoned child
of a debt incurred by an ascendant, guardian, or person
under 7 years of age, shall fail to deliver said child
entrusted with the custody of a minor, shall, against the
to the authorities or to his family, or shall fail to
latter’s will, retain him in his service.
take him to a safe place
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 52 of 75
 Acts punished:  If there is intent to kill, this article does not apply
1. By failing to render assistance to any person whom o If there is intent to kill and the child dies, the crime
the offender shall find in an uninhabited place would either be murder, parricide or infanticide
wounded or in danger of dying, when he can render o If there is intent to kill but child does not die, it is
such assistance without detriment to himself, unless attempted murder, parricide or infanticide
such omission shall constitute a more serious  Intent to kill cannot be presumed from the death of
offense the child or for crimes against security, particularly
o Elements: under Art. 276
a. The place is not inhabited  A permanent, conscious and deliberate abandonment
b. The accused found there a person wounded or is required
in danger of dying  Circumstances qualifying the offense:
c. The accused can render assistance without 1. When the death of the minor from such
detriment to himself abandonment
d. The accused fails to render assistance 2. If the life of the minor was in danger because of the
2. By failing to help or render assistance to another abandonment
whom the offender has accidentally wounded or
 Parents guilty of abandoning their children shall be
injured
deprived of parental authority
3. By failing to deliver a child, under 7 years of age,
whom the offender has found abandoned, to the
authorities or to his family, or by failing to take him 277. Abandonment of minor by person entrusted with
to a safe place his custody; indifference of parents—: The penalty of
 if a person intentionally wounded another in an arresto mayor and a fine not exceeding 500 pesos shall
uninhabited place, par. 1 is not applicable, because he be imposed upon anyone who, having charge of the
did not find him wounded or in danger of dying in rearing or education of a minor, shall deliver said minor
that place to a public institution or other persons, without the
 Par. 2 applies only when someone is accidentally consent of the one who entrusted such child to his care
injured by the accused or, in the absence of the latter, without the consent of
 Under the 3rd way of committing the crime, it is the proper authorities.
immaterial that the offender did not know that the The same penalty shall be imposed upon the parents
child is under 7 years old
who shall neglect their children by not giving them the
o This par. also applied to one who found a lost child
education which their station in life requires and
 ―shall fail to take him to a safe place‖—the child must
be found by the accused in an unsafe place financial condition permits.
 Acts punished:
276. Abandoning a minor—: The penalty of arresto 1. By delivering a minor to a public institution or other
persons without the consent of the one who
mayor and a fine not exceeding 500 pesos shall be
entrusted such minor to the care of the offender or,
imposed upon any one who shall abandon a child under in the absence of that one, without the consent of
seven years of age, the custody of which is incumbent the proper authorities
upon him. 2. By neglecting his (offender’s) children by not giving
When the death of the minor shall result from such them the education which their station in life
abandonment, the culprit shall be punished by prision requires and financial condition permits
correccional in its medium and maximum periods; but if  Elements of abandonment of minor by one charged
the life of the minor shall have been in danger only, the with the rearing or education of said minor:
1. That the offender has charge of the rearing or
penalty shall be prision correccional in its minimum and
education of a minor
medium periods.
2. That he delivers said minor to a public institution or
The provisions contained in the two preceding other persons
paragraphs shall not prevent the imposition of the 3. That the one who entrusted such child to the
penalty provided for the act committed, when the same offender has not consented to such act; or if the one
shall constitute a more serious offense. who entrusted such child to the offender is absent,
 Elements: the proper authorities have not consented to it
1. That the offender has the custody of a child  Person liable:
2. That the child is under 7 years of age o Only the person charged with ―the rearing or
3. That he abandons such child education‖ of the minor
4. That he has no intent to kill the child when the latter  ―rear‖—to bring to maturity by educating, nourishing,
is abandoned etc.
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 53 of 75
Abandonment of minor by Abandonment of a minor In either case, the guardian or curator convicted
person entrusted with (Art. 276) shall also be removed from office as guardian or
custody (Art. 277) curator; and in the case of the parents of the child,
The custody is for the The custody of the they may be deprived, temporarily or perpetually,
rearing or education of the offender is stated in in the discretion of the court, of their parental
minor general authority.
Minor is under 21 years of Minor is 7 years of age
5. Any person who shall induce any child under 16
age
years of age to abandon the home of its
Minor is delivered to a Minor is abandoned as to
public institution or other deprive him of the care ascendants, guardians, curators, or teachers to
person and protection that his follow any person engaged in any of the callings
tender years need mentioned in paragraph 2 hereof, or to accompany
 Elements of indifference of parents: any habitual vagrant or beggar.
1. That the offender is a parent  Par. 4(b) qualifies the offense
2. That he neglects his children by not giving them  The offender shall be deprived of parental authority or
education guardianship
3. That his station in life requires such education and  The exploitation of minor must refer to act
his financial condition permits it endangering the life or safety of the minor
 The obligation to educate his children terminates, if Exploitation of minors Inducing a minor to
the mother and the children refuse without good (Art. 278, par. 5) abandon his home
reasons to live with the accused; hence, he cannot be (Art. 271)
said to have abandoned them and neglected his The purpose is under The purpose is not any of
children those mentioned in such those mentioned in Art.
 The failure to give education must be due to deliberate par. 5 278 par. 5
desire to evade such obligation Victim is under 16 years of Victim is a minor under 21
age years of age
278. Exploitation of minors—: The penalty of prision
correccional in its minimum and medium periods and a 279. Additional penalties for other offenses—: The
fine not exceeding 500 pesos shall be imposed upon: imposition of the penalties prescribed in the preceding
1. Any person who shall cause any boy or girl under articles, shall not prevent the imposition upon the same
16 years of age to perform any dangerous feat of person of the penalty provided for any other felonies
balancing, physical strength, or contortion. defined and punished by this Code.
2. Any person who, being an acrobat, gymnast, rope-
walker, diver, wild-animal tamer or circus Section 2: Trespass to dwelling
manager, or engaged in a similar calling, shall 280. Qualified trespass to dwelling—: Any private
employ in exhibitions of these kinds children under person who shall enter the dwelling of another against
16 years of age who are not his children or the latter's will shall be punished by arresto mayor and
descendants. a fine not exceeding 1,000 pesos.
3. Any person engaged in any of the callings
enumerated in the next preceding paragraph who If the offense be committed by means of violence or
shall employ any descendant of his under 12 years intimidation, the penalty shall be prision correccional in
of age in such dangerous exhibitions. its medium and maximum periods and a fine not
4. Any ascendant, guardian, teacher or person exceeding 1,000 pesos.
entrusted in any capacity with the care of a child The provisions of this article shall not be applicable to
under 16 years of age, who shall deliver such child any person who shall enter another's dwelling for the
gratuitously to any person following any of the purpose of preventing some serious harm to himself,
callings enumerated in paragraph 2 hereof, or to the occupants of the dwelling or a third person, nor
any habitual vagrant or beggar. shall it be applicable to any person who shall enter a
If the delivery shall have been made in dwelling for the purpose of rendering some service to
consideration of any price, compensation, or humanity or justice, nor to anyone who shall enter
promise, the penalty shall in every case be cafes, taverns, inn and other public houses, while the
imposed in its maximum period. same are open.
 Elements:
1. That the offender is a private person
2. The he enters the dwelling of another
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 54 of 75
3. That such entrance is against the latter’s will  Elements:
 What is intended to be protected is the privacy of 1. That the offender enters the closed premises or the
one’s dwelling fenced estate of another
 If the offense is committed by means of violence or 2. That the entrance is made while either of them is
intimidation, it qualifies the crime uninhabited
o It may take place immediately after the entrance 3. That the prohibition to enter be manifest
o Prohibition is not necessary under these 4. That the trespasser has not secured the permission
circumstances of the owner or the caretaker thereof
 If the offender is a public officer, the crime is violation  ―premises‖—signifies distinct and definite locality
of domicile (Art. 128) o May mean a room, shop, building or definite area,
 Dwelling—any building or structure exclusively but in either case, locality is fixed
devoted for rest and comfort Trespass to dwelling Other forms of dwelling
o Includes a room when occupied by another person Offender is private person Offender is any person
 Entrance into dwelling must be ―against‖ the will of Enters a dwelling house Enters closed premises or
the owner or occupant and not only mere absence of fenced estate
his consent inhabited Uninhabited
o There should be presume or express prohibition by Entering the dwelling Entering closed premises
the occupant against the will of the or fenced estate without
o Lack of permission does not amount to prohibition owner securing the permission of
 Generally, all members of a household must be the owner or caretaker
presumed to have authority to extend an invitation to Prohibition to enter is Prohibition to enter must
enter the house express or implied be manifest
 Implied prohibition—it is a well-settled rule that
whoever enters the dwelling of another at late hour of Section Three. — Threats and coercion
the night after the inmates have retired and closed 282. Grave threats—: Any person who shall threaten
their doors does so against their will another with the infliction upon the person, honor or
o It is also implied in entrance through the window
property of the latter or of his family of any wrong
 Prohibition must be in existence prior to or at the time amounting to a crime, shall suffer:
of the entrance
1. The penalty next lower in degree than that
 Trespass by means of violence is inflicted on the
prescribed by law for the crime be threatened to
person or upon things
commit, if the offender shall have made the threat
 Trespass by means of intimidation is directed toward
demanding money or imposing any other
the person
condition, even though not unlawful, and said
 Trespass to dwelling may be committed by the owner
offender shall have attained his purpose. If the
of the dwelling when he did not invoke the aid of the
court for the exercise of his proprietary rights offender shall not have attained his purpose, the
 Cases to which the provisions of this article are not penalty lower by two degrees shall be imposed.
applicable: If the threat be made in writing or through a
1. If the entrance to another’s dwelling is made for the middleman, the penalty shall be imposed in its
purpose of preventing some serious harm to maximum period.
himself, the occupants of the dwelling or a third 2. The penalty of arresto mayor and a fine not
person exceeding 500 pesos, if the threat shall not have
2. If the purpose is to render some service to humanity
been made subject to a condition.
or justice
3. If the place where entrance is made is a café, tavern,  The threat must be to inflict a wrong amounting to a
inn and other public houses, while the same are crime upon the person, honor, or property of the
open offended party or that of his family
 Essence of the crime of threats is intimidation
281. Other forms of trespass—: The penalty of arresto  Intimidation—there is a promise of some future harm
menor or a fine not exceeding 200 pesos, or both, shall or injury, either to the person, honor or property of
be imposed upon any person who shall enter the closed the offended party or of his family
premises or the fenced estate of another, while either  Elements of grave threats where offender attained his
purpose:
of them are uninhabited, if the prohibition to enter be
1. That the offender threatens another person with the
manifest and the trespasser has not secured the infliction upon the latter’s person, honor or
permission of the owner or the caretaker thereof.

Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 55 of 75


property, or upon that of the latter’s family, of any 283. Light threats—: Any threat to commit a wrong not
wrong constituting a crime, made in the manner expressed in
2. That such wrong amounts to a crime subdivision 1 of the next preceding article, shall be
3. That there is demand for money or that any other punished by arresto mayor.
condition is imposed, even though not unlawful
 Elements:
4. That the offender attains his purpose
1. That the offender makes a threat to commit a wrong
 Threatening to publish a libel and offering to prevent 2. That the wrong does not constitute a crime
such publication for money is punished under Art. 356 3. That there is demand for money or that other
 Penalties: condition is imposed, even though not unlawful
a. Offender attained his purpose—one degree lower 4. That the offender has attained his purpose or that
for the crime threatened to be committed he has not attained his purpose
b. Offender does not attain his purpose—two degrees  Light threats may amount to blackmailing
lower than that provided by law for the crime o The unlawful extortion of money by an appeal to
threatened to be committed the fear of the victim or by threats of accusation or
c. If threat is not subject to a condition—penalty is exposure
arresto mayor and a fine not exceeding 500 pesos
 Circumstance qualifying the offense 284. Bond for good behavior—: In all cases falling within
o The threat is made in writing or through a the two next preceding articles, the person making the
middleman
threats may also be required to give bail not to molest
 Elements of grave threats not subject to a condition: the person threatened, or if he shall fail to give such
1. That the offender threatens another person with the
bail, he shall be sentenced to destierro.
infliction upon the latter’s person, honor or
property, or upon that of the latter’s family, of any  Cases where a person may be required to give bail not
wrong to molest another:
2. That such wrong amounts to a crime 1. When he threatens another under the circumstances
3. That the threat is not subject to a condition mentioned in Art. 282
2. When he threatens another under the circumstances
 Under grave threats not subject to a condition, the
mentioned in Art. 283
grave threats must be serious and deliberate
o There is no condition or no demand of money  The giving of bail is an additional penalty
Bond to keep the peace Bond for good behavior
 If the threat is made in the heat of anger, such threat is
punished under Art. 285, par. 2 (Art. 35) (Art. 284)
Not made applicable to Applicable only to cases of
 If the condition is not proved, it is grave threats under any particular case grave threats and light
par. 2
threats
 ―threaten another with the infliction of any If the offender fails to give If he shall fail to give bail,
wrong‖‖—the act threatened to be committed must bond, he shall be detained he shall be sentenced to
be wrong for a period not exceeding destierro
 Grave threats may be committed by indirect challenge 6 months (prosecuted for
to a gun fight even if the complainant was absent grave or less grave felony)
when the challenge was made or not exceeding 30 days
 It is not necessary that the offended party was present (prosecuted for light
at the time the threats were made felony)
o It is sufficient that the threats, after they have been
made in his absence, came to the knowledge of the 285. Other light threats—: The penalty of arresto menor
offended party (this is the stage of consummation of in its minimum period or a fine not exceeding 200 pesos
the crime)
shall be imposed upon:
 Threats made in connection with the commission of 1. Any person who, without being included in the
other crimes are absorbed by the latter
provisions of the next preceding article, shall
o If there is another crime actually committed or the
objective of the offender is another crime, and the threaten another with a weapon or draw such
threat is only a means to commit it or a mere weapon in a quarrel, unless it be in lawful self-
incident in its commission, the threat is absorbed by defense.
the other crime 2. Any person who, in the heat of anger, shall orally
 If the offender in grave threats demand the delivery on threaten another with some harm not constituting
the spot of the money or other personal property a crime, and who by subsequent acts show that he
asked by him, it is the crime of robbery with did not persist in the idea involved in his threat,
intimidation provided that the circumstances of the offense
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 56 of 75
shall not bring it within the provisions of Art. 282  Compelling another to do something includes the
of this Code. offender’s act of doing it himself while subjecting
3. Any person who shall orally threaten to do another another to his will
any harm not constituting a felony.  When the complainant is in the actual possession of a
 The word ―not‖ in the second act punished is thing, even if he has no right to that possession,
enclosed in parenthesis because the inclusion of that compelling him by means of violence to give up the
word is a mistake possession, even by the owner himself, is grave
 2 acts punished in par. 1: coercion
1. Threatening another with a weapon, even if there is  Violence, threats or intimidation may be used to
no quarrel prevent or to compel the offended party
2. Drawing a weapon in a quarrel, which is not in  The crime is not grave coercion when the violence is
lawful self-defense employed to seize anything belonging to the debtor of
 Threats which ordinarily are grave threats, if made in the offender
the heat of anger, may be other light threats  Display of force, if arms are not used, is not
 Where the threats are directed to a person who is intimidation
absent and uttered in a temporary fit of anger, the o But surrounding complainant in a notoriously
offense is only light threats threatening attitude is sufficient
 The force or violence must be immediate, actual or
286. Grave coercions—: The penalty of arresto mayor imminent
and a fine not exceeding 500 pesos shall be imposed  ―without authority of law‖—the person who restraints
upon any person who, without authority of law, shall, the will and liberty of another has not the right to do
by means of violence, prevent another from doing so as a private person or does not act in the exercise of
a duty in the case of a person with a duty to perform
something not prohibited by law, or compel him to do
or with authority as a public functionary
something against his will, whether it be right or wrong.
 There is no grave coercion when the accused acts in
If the coercion be committed for the purpose of good faith in the performance of his duty
compelling another to perform any religious act or to  A person who takes the law into his hands with
prevent him from so doing, the penalty next higher in violence is guilty of grave coercion
degree shall be imposed.  Coercion is consummated even if the offended party
 2 ways of committing grave coercions: did not accede to the purpose of the coercion
1. By preventing another, by means of violence, threats  When the purpose is to prevent the inmates from
or intimidation, from doing something not leaving the premises, it is grave coercion
prohibited by law Grave coercion Maltreatment of prisoners
2. By compelling another, by means of violence, Offended party is not a Offended party is a prisoner
threats or intimidation, to do something against his prisoner
will, whether it be right or wrong  When there is prevention of the meeting of a
 Elements of grave coercions: legislative body or provincial board or city or
1. That a person prevented another from doing municipal council or board, the offenders are not
something not prohibited by law, or that he liable for grave coercion through arbitrary detention,
compelled him to do something against his will, be it even if there is compulsion and detention
right or wrong  When prision mayor shall be imposed:
2. That the prevention or compulsion be effected by 1. If the coercion is committed in violation of the
violence, threats or intimidation; and exercise of the right of suffrage
3. That the person that restrained the will and liberty 2. If the coercion is committed to compel another to
of another had not the authority of law or the right perform any religious act
to do so, or, in other words, that the restraint shall 3. If the coercion is committed to prevent another
not be made under authority of law or in the from performing any religious act
exercise of any lawful right
 The purpose of the law in penalizing coercion is to 287. Light coercions—: Any person who, by means of
enforce the principle that no person may take the law
violence, shall seize anything belonging to his debtor for
into his hands, and that our government is one of law,
not of men the purpose of applying the same to the payment of the
debt, shall suffer the penalty of arresto mayor in its
 The act of preventing by force must be made at the
time the offended party was doing or about to do the minimum period and a fine equivalent to the value of
act to be prevented the thing, but in no case less than 75 pesos.
o Otherwise, it will be unjust vexation
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 57 of 75
Any other coercions or unjust vexations shall be 1. By forcing or compelling, directly or indirectly, or
punished by arresto menor or a fine ranging from 5 knowingly permitting the forcing or compelling of
pesos to 200 pesos, or both. the laborer or employee of the offender to purchase
 Elements: merchandise or commodities of any kind from him
1. That the offender must be a creditor 2. By paying the wages due his laborer or employee by
2. That he seizes anything belonging to his debtor means of tokens or objects other than the legal
3. That the seizure of the thing be accomplished by tender currency of the Philippines, unless expressly
means of violence or a display of material force requested by such laborer or employee
producing intimidation  Elements under No. 1:
4. That the purpose of the offender is to apply the 1. That the offender is any person, agent or officer of
same to the payment of the debt any association or corporation
 Par. 1 is limited to a case where the offender seized 2. That he or such firm or corporation has employed
anything belonging to his debtor by means of violence laborers or employees
to apply the same to the payment of the debt 3. That he forces or compels, directly or indirectly, or
knowingly permits to be forced or compelled, any of
 Par. 2 is unjust vexation
his laborers or employees to purchase merchandise
o Includes any human conduct which, although not
or commodities of any kind from him or from said
productive of some physical or material harm
firm or corporation
would, unjustly annoy or vex an innocent person
o Paramount question in determining whether the  Elements of No. 2:
crime is unjust vexation is whether the offender’s act 1. That the offender pays the wages due a laborer or
caused annoyance, irritation, vexation, torment, employee employed by him by means of tokens or
distress or disturbance to the mind of the person to objects
whom it is directed 2. That those tokens or objects are other than the legal
tender currency of the Philippines
 Taking possession of the thing belonging to the
3. That such employee or laborer does not expressly
debtor, through deceit and misrepresentation, for the
request that he be paid by means of tokens or
purpose of applying the same to the payment of the
objects
debt, is unjust vexation under Art. 287 par. 2
 Inducing an employee to give up any part of his wages
 Actual physical violence need not be employed
by force, stealth, intimidation, threat or by any other
 Kissing a girl, without performing acts of means is unlawful under Art. 116 of the Labor Code,
lasciviousness, is unjust vexation not under the RPC
 If there is no violence of intimidation light coercion
under par. 1, it is only unjust vexation 289. Formation, maintenance and prohibition of
 When the act of the accused has no connection with combination of capital or labor through violence or
his previous acts of violence, it is only unjust vexation threats—: The penalty of arresto mayor and a fine not
 The difference between grave coercion and unjust exceeding 300 pesos shall be imposed upon any person
vexation is that the latter is committed without the use
who, for the purpose of organizing, maintaining or
of violence
preventing coalitions or capital or labor, strike of
laborers or lock-out of employees, shall employ violence
288. Other similar coercions; (Compulsory purchase of
or threats in such a degree as to compel or force the
merchandise and payment of wages by means of
laborers or employers in the free and legal exercise of
tokens)—: The penalty of arresto mayor or a fine
their industry or work, if the act shall not constitute a
ranging from 200 to 500 pesos, or both, shall be
more serious offense in accordance with the provisions
imposed upon any person, agent or officer, of any
of this Code.
association or corporation who shall force or compel,
directly or indirectly, or shall knowingly permit any  Elements:
1. That the offender employs violence or threats, in
laborer or employee employed by him or by such firm such a degree as to compel or force the laborers or
or corporation to be forced or compelled, to purchase employers in the free legal exercise of their industry
merchandise or commodities of any kind. or work
The same penalties shall be imposed upon any person 2. That the purpose is to organize, maintain or prevent
who shall pay the wages due a laborer or employee coalitions of capital or labor, strike of laborers or
employed by him, by means of tokens or objects other lockout of employers
than the legal tender currency of the laborer or  The act should not be a more serious offense
employee. o If death or some serious physical injuries are caused,
the act should be punished in accordance with the
 Acts punished: other provisions of this Code
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 Peaceful picketing is not prohibited  Circumstance which qualifies the offense, when the
It is part of freedom of speech
o offender reveals the contents of such paper or letters
 Employing violence or making threat by picketers may of another to a third person
make them liable for coercion  This article is not applicable to parents, guardians, or
 Preventing employee from joining any registered labor persons entrusted with the custody of minors with
organization is punished under the Labor code, not respect to papers or letters of the children or minors
under the RPC placed under their care or custody, or to spouses with
o It shall be unlawful for an employer to commit any respect to the papers or letters of either of them
of the following unfair labor practices:  Sec. 2756 of the Administrative Code punishes the
a. To interfere with, restrain or coerce employees in unlawful opening of mail matter
the exercise of their right to self-organization Art. 230 Art. 231
b. To require as a condition of employment that a Public officer comes to Offender is a private
person or any employee shall not join a labor know the secrets of any individual who seizes the
organization or shall withdraw from one to which private individual by papers or letters of another
he belongs reason of his office to discover the secrets of
the latter
Chapter 3: Discovery and Revelation of Secrets Not necessary that the Not necessary that there
secrets are contained in be a secret
Kinds of discovery and revelation of secrets:
papers or letters
1. Discovering secrets through seizure of
Reveals it without If there is a secret
correspondence
justifiable reason discovered, not necessary
2. Revealing secrets with abuse of office
that it be revealed
3. Revealing of industrial secrets
291. Revealing secrets with abuse of office—: The
290. Discovering secrets through seizure of
correspondence—: The penalty of prision correccional in penalty of arresto mayor and a fine not exceeding 500
its minimum and medium periods and a fine not pesos shall be imposed upon any manager, employee,
or servant who, in such capacity, shall learn the secrets
exceeding 500 pesos shall be imposed upon any private
of his principal or master and shall reveal such secrets.
individual who in order to discover the secrets of
another, shall seize his papers or letters and reveal the  Elements:
1. That the offender is a manger, employee or servant
contents thereof.
2. That he learns the secrets of his principal or master
If the offender shall not reveal such secrets, the penalty in such capacity
shall be arresto mayor and a fine not exceeding 500 3. That he reveals such secrets
pesos.  Secrets must be learned by reason of their
employment
The provision shall not be applicable to parents,
guardians, or persons entrusted with the custody of  The secrets must be revealed
minors with respect to the papers or letters of the  Damage is not necessary
children or minors placed under their care or study, nor
to spouses with respect to the papers or letters of 292. Revelation of industrial secrets—: The penalty of
either of them. prision correccional in its minimum and medium periods
and a fine not exceeding 500 pesos shall be imposed
 Elements:
1. That the offender is a private individual or even a upon the person in charge, employee or workman of
public officer not in the exercise of his official any manufacturing or industrial establishment who, to
function the prejudice of the owner thereof, shall reveal the
2. That he seizes the papers or letters of another secrets of the industry of the latter.
3. That the purpose is to discover the secrets of such  Elements:
another person 1. That the offender is a person in charge, employee or
4. That the offender is informed of the contents of the workman of a manufacturing or industrial
papers or letters seized establishment
 ―seize‖—to place in the control of someone a thing or 2. That the manufacturing or industrial establishment
to give him the possession thereof has a secret of the industry which the offender has
o It is not necessary that there is force or violence learned
 Not an element of the offense: 3. That the offender reveals such secrets
a. Prejudice 4. That prejudice is caused to the owner
b. Revealing the secret
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 Secrets must relate to the manufacturing processes physical injuries, or robbery by the use of force
invented by or for a manufacturer and used only in his upon things, the name of the real owner is not
factory or in a limited number of them essential
o When they are generally used, they will not be a  The taking of the personal property must be unlawful
secret o The unlawful taking of personal property is an
 The act constituting the crime is revealing the secret of essential part of the crime of robbery
the industry of the employer o Where the taking was lawful and the unlawful
 The revelation of the secret might be made after the misappropriation was subsequent to such taking—
employee or workman had ceased to be connected the crime is estafa or malversation
with the establishment o The fact that the agents of the authorities,
 Prejudice is an essential element of the offense apparently acting in compliance with the law, but
really with intent to obtain unlawful gain, did, with
intimidation, seize a forbidden article, constitutes
Chapter 1: Robbery in General
robbery
293. Who are guilty of robbery. Any person who, with  As long as the authorities or their agents have not
intent to gain, shall take any personal property legally taken charge of the forbidden article, it
belonging to another, by means of violence against or continues to be private property, and they have
intimidation of any person, or using force upon acted, not as agents of the authorities in the
anything, shall be guilty of robbery. fulfillment of their duties, but merely as private
parties
 Robbery—taking of personal property belonging to
another, with intent to gain, by means of violence  Ownership of the forbidden article passes to the
against, or intimidation of any person or using force government only after legal seizure thereof
upon anything  Unlawful taking, when complete:
 Classification of Robbery: a. As to robbery with violence against or intimidation
1. Robbery with violence against, or intimidation of of persons—from the moment the offender gains
persons possession of the thing, even if the culprit has had
no opportunity to dispose of the same
2. Robbery by the use of force upon things
b. As to robbery with force upon things—the thing
 Elements of robbery in general: must be taken out of the building because if not, it is
1. That there be only frustrated robbery
a. Personal property
b. Belonging to another  ―taking‖—depriving the offended party of ownership
2. That there is unlawful taking of the thing taken with the character of permanency
3. That the taking must be with intent to gain, and o The taking of personal property belonging to
4. That there is violence against or intimidation of any another should not be under claim of ownership
person or force upon anything  Intent to gain is presumed from the unlawful taking of
personal property
 The property taken must be personal property
o If real property is occupied or real right is usurped o Cannot be established by direct evidence except in
by means of violence against or intimidation of case of confession by the accused
person—the crime is usurpation (Art. 312) o Must be deduced from the circumstances
surrounding the commission of the offense
 Prohibitive articles may be the subject matter of o Absence of intent to gain will make the taking of
robbery, e.g. opium
personal property grave coercion if there is violence
 ―belonging to another‖—the property taken does not used
belong to the offender  The element of ―personal property belonging to
o The person from whom the personal property is another‖ and that of ―intent to gain‖ must concur
taken need not be the owner
 Violence must be against the person of the offended
 Possession of the property is sufficient
party, not upon the thing taken
 Ownership is not necessary
o A co-owner or a partner cannot commit robbery or  Intimidation exists when it causes the fear of fright of
theft with regard to the co-ownership or partnership the victim
property o Forms of intimidation: threat of arrest and
prosecution, or pointing a gun or a knife to the
 The naming of the owner is a matter of essential
victim
description of the crime if the crime charged is
o The taking of personal property need not be
robbery with homicide in view of the capital
immediately after the intimidation
punishment attached to the crime
o But if the accused is prosecuted only for robbery  It is not necessary that violence or intimidation be
with intimidation or violence resulting only in present from the very beginning

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o If there is violence or intimidation at any time ―supplies the controlling qualification,‖ so the law to
before asportation is complete, the taking of apply is Art. 294 (robbery with violence against or
personal property is qualified to robbery intimidation of persons)
 Exception: but when the violence results in  RA 6539 ―Carnapping‖
a. Homicide o The taking, with the intent to gain, of motor vehicle
b. Rape belonging to another without the latter’s consent, or
c. Intentional mutilation, or by means of violence against or intimidation of
d. Any of the serious physical injuries penalized in persons, or by using force upon things
paragraphs 1 and 2 of Art. 263
The taking of personal property is robbery Section 1: Robbery with violence or intimidation of
complexed with any of those crimes under Art. 294, persons
even if the taking was already complete when the
violence was used by the offender 294. Robbery with violence against or intimidation of
o In defining the special complex crimes penalized in persons—Penalties. Any person guilty of robbery with
pars. 1, 2 & 3 of Art. 294, the phrase ―by reason‖ or the use of violence against or intimidation of any person
―accompanied by‖ is used, which indicates that even shall suffer:
if the violence resulting in homicide, rape, 1. The penalty of reclusion perpetua to death, when
intentional mutilation, or serious physical injuries is by reason or on occasion of the robbery, the crime
used by the offender after the taking of personal of homicide shall have been committed; or when
property belonging to another, the crime is still robbery shall have been accompanied by rape or
robbery complexed with any of those crimes intentional mutilation or arson
 ―using force upon anything‖—to enter a house or 2. The penalty of reclusion temporal in its medium
building period to reclusion perpetua, when by reason or on
o The use of force upon things will not make the
occasion of such robbery, any of the physical
taking of personal property robbery, if the culprit
never entered a house or building injuries penalized in subdivision 1 of Art. 263 shall
o Entrance into the building must be effected by any have been inflicted
of the means described in Arts. 299 and 302 3. The penalty of reclusion temporal, when by reason
Violence against or Use of force upon things or on occasion of the robbery, any of the physical
intimidation of person injuries penalized in subdivision 2 of the Art. 263,
If present, there is always There is robbery only if it is shall have been inflicted
robbery used either to enter the 4. The penalty of prision mayor in its maximum
building or to break doors, period to reclusion temporal in its medium period,
wardrobes, chests, or any if the violence or intimidation employed in the
other kind of locked or commission of the robbery shall have been carried
sealed furniture or to a degree clearly unnecessary for the commission
receptacle inside the
of the crime, or when in the course of its
building or to force them
open outside after taking execution, the offender shall have inflicted upon
the same from the building any person not responsible for its commission any
The value of the personal of the physical injuries covered by subdivision 3
property taken is immaterial and 4 of said Art. 263
The penalty depends If committed in an 5. The penalty of prision correccional in its maximum
a. On the result of the inhabited house, public period to prision mayor in its medium period in
violence used, as when building or edifice devoted other cases.
homicide, rape, to religious worship, the  Acts punished as robbery with violence against or
intentional mutilation penalty depends on intimidation of persons:
or any of the serious a. The value of the 1. when by reason or on occasion of the robbery, the
physical injuries property taken, and crime of homicide is committed;
resulted, or when less b. Whether or not the 2. when robbery is accompanied by rape or intentional
serious or slight offenders carry arms mutilation or arson
physical injuries were If committed in an 3. when by reason or on occasion of such robbery, any
inflicted uninhabited building, the of the physical injuries resulting in insanity,
b. Existence of penalty is based on the imbecility, impotency or blindness is inflicted
intimidation only value of the property taken 4. when by reason or on occasion of such robbery, any
 Where robbery, though committed in an inhabited of the physical injuries resulting in the loss of the
place, etc., is characterized by intimidation, this factor use of speech or the power to hear or to smell, or

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the loss of an eye, a hand, a foot, an arm, or a leg or oAn intent to take personal property belonging to
the loss of the use of any such member or incapacity another with intent to gain must precede the killing
for the work in which the injured person is o Homicide may precede robbery or may occur after
theretofore habitually engaged is inflicted robbery when there is an intent to take personal
5. if the violence or intimidation employed in the property before the killing
commission of the robbery is carried to a degree o It is still robbery with homicide
clearly unnecessary for the commission of the crime a. when homicide is committed to eliminate an
6. when in the course of its execution, the offender obstacle to the commission of robbery
shall have inflicted upon any person not responsible b. when homicide is committed to remove
for the commission of the robbery any of the opposition or to suppress evidence
physical injuries in consequence of which the person c. when homicide is necessary to defend possession
injured becomes deformed or loses any other of stolen goods
member of his body or loses the use thereof or d. when homicide is committed to escape after the
becomes ill or incapacitated for the performance of commission of robbery
the work in which he is habitually engaged for more e. when another robber is killed by his companion
than 90 days or the person injured becomes ill or f. when an innocent bystander and not the person
incapacitated for labor for more than 30 days robbed is killed
7. if the violence employed by the offender does not g. if the death of the person supervened by mere
cause any of the serious physical injuries defined in accident
Art. 263, or if the offender employs intimidation o The Spanish text provides that it is enough that a
only homicide resulted, and not actually committed, by
 The crime defined in this article is a special complex reason or on the occasion of the robbery
crime o When homicide is not proved, the crime is only
o Art. 48 does not apply to the crimes covered by Art. robbery
294 because it only applies when a complex crime is o When robbery is not proved, the crime is homicide
not punished with a specific penalty only
 ―on the occasion‖—in the course of robbery o All who participated in the robbery as principals are
 ―by reason‖—because of the robbery principals in robbery with homicide
o Conviction for highway robbery requires proof that
 A conviction for robbery with homicide requires
several accused were organized for the purpose of
certitude that the robbery was the main purpose and
committing it indiscriminately
objective of the criminals and that the killing was
merely incidental, resulting merely by reason or on the  PARAGRAPH 2: ROBBERY WITH RAPE
occasion of the robbery o The intent to gain and to take the personal property
o Where the original design comprehends robbery, belonging to another must precede the rape
even though homicide precedes robbery by an o It is not necessary that the rape be committed prior
appreciable time, the offense is the crime of robbery to or simultaneously with the robbery
with homicide  but if rape is committed against a woman in a
house other than that where the robbery is
 Robbery with homicide arises only when there is a
committed, the rape should be considered a
direct relation, an intimate connection, between the
separate offense
robbery and the killing, even if the killing is prior to,
o Even when rape is committed in another place, it is
concurrent with, or subsequent to the robbery
still robbery
 PARAGRAPH 1: ROBBERY WITH HOMICIDE o There is no crime of robbery with attempted rape
o Homicide—understood in its generic sense as to o Additional rapes committed on the same occasion
include parricide and murder of robbery will not increase the penalty
o The juridical concept of robbery with homicide does o When the taking of property after the rape is not
not limit the taking of life to one single victim or to with intent to gain, there is neither theft nor robbery
ordinary homicide committed, but 2 distinct crimes of rape and unjust
 All homicides or murders are merged in the vexation
composite crime of robbery with homicide o In robbery with rape, the accused should pay the
o All other aggravating circumstances present will be offended party the value of stolen property and
considered as generic aggravating circumstances indemnify the offended woman for damages
except for physical injuries where it is absorbed  The civil liability is set at P50 000
o There is no special complex crime of: o When rape and homicide co-exist in the commission
a. Robbery in band with double homicide and/or of robbery, rape will only be considered as an
serious, less serious or slight physical injuries aggravating circumstance making the crime
b. Robbery with murder committed as robbery with homicide
o This need not be committed inside a building
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 When physical injuries, defined in Art. 263, 3 and 4, Robbery with violence Grave coercion
are inflicted after the taking of the personal property There is violence used by the offender
had been complete, the serious physical injuries should There is intent to gain Intent to gain is not present
be considered as separate offense for it should be Purpose is to compel
committed ―in the course of its execution‖ another to do something
 Requisites of robbery under the 2nd case of par. 4 of against his will, without
Art. 294 authority of law, but
a. That any of the physical injuries defined in par. 3 believing himself to be the
and 4 of Art. 263 was inflicted in the course of the owner or creditor of such
robbery, and property
b. That any of them was inflicted upon any person not
responsible for the commission of the robbery Robbery Bribery
 Robbery with the use of violence against or Transaction is neither Transaction is mutual and
intimidation of any person under par. 5 of Art. 294 is voluntary or mutual but is voluntary
known as simple as robbery consummated by the use of
o This is also committed when the injury inflicted force or intimidation
upon the offended party on the occasion of robbery Victim did not commit a Victim has committed a
can be qualified only as less serious physical injuries crime crime and gives money or
or slight physical injuries gift to avoid arrest or
 Violation or intimidation need not be present before prosecution
or at the exact moment when the object is taken Victim is deprived of his Victim parts with his money
o Because asportation is a complex fact, a whole money or property by force or property voluntarily
divisible into parts, a series of acts, in the course of or intimidation
which personal violence or intimidation may be
injected 295. Robbery with physical injuries, committed in an
 Robbery with violence or intimidation ―in other cases‖ uninhabited place and by a band, or with the use of
referred to in par. 5 is committed by: firearm on a street, road or alley. If the offenses
1. Snatching money from the hands of the victim and mentioned in subdivisions 3, 4, and 5 of the next
pushing her to prevent her from recovering the preceding article shall have been committed in an
seized property uninhabited place or by a band or by attacking a moving
 Absent of one element will not result in robbery train, street car, motor vehicle or airship, or by entering
but only simple theft
the passengers’ compartments in a train or, in any
2. Grabbing pawn ticket from the hands of another
and intimidating him manner, taking the passengers thereof by surprise in
the respective conveyances, or on a street, road,
 Intimidation exists when the acts executed or words
uttered by the offender are capable of producing fear highway, or alley, and the intimidation is made with the
in the person threatened use of a firearm, the offender shall be punished by the
Robbery thru Threats to extort money maximum period of the proper penalties.
intimidation  Robbery with violence or intimidation when qualified:
There is intimidation by the offender o If any of the offenses defined in subdivisions 3, 4
There is intent to gain and 5 of Art. 294 is committed—
Intimidation is actual and Intimidation is conditional a. In an uninhabited place
immediate or future that is not b. By a band
immediate c. By attacking a moving train, street car, motor
Intimidation is personal It may be through vehicle or airship
intermediary d. By entering the passengers’ compartments in a
Intimidation is directed to Intimidation may refer to train or, in any manner, taking the passengers
the person of the victim the person, honor or thereof by surprise in the respective conveyances
property of the offended e. on a street, road, highway, or alley, and the
party or that if his family intimidation is made with the use of a firearm, the
Gain of the culprit is Gain is not immediate offender shall be punished by the maximum
immediate period of the proper penalties prescribed in Art.
294
 Any of these qualifying circumstances must be alleged
in the information and proved during the trial
 It cannot be offset by a generic mitigating
circumstance
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 The intimidation with the use of firearm qualifies only  When the robbery was not committed by a band, the
robbery on a street, road, highway or alley robber who did not take part in the assault (or any
 Art. 295 does not apply to: other crime) by another is not liable for that assault (or
a. Robbery with homicide other crime) but only for the robbery committed
b. Robbery with rape o ―by a band‖—at least 4 armed malefactors taking
c. Robbery with serious physical injuries under par. 1 part in the commission of robbery
of Art. 263  When there is conspiracy to commit homicide and
robbery, all the conspirators, even if less than 4 armed
296. Definition of a band and penalty incurred by the men, are liable for the special complex crime of
members thereof. When more than 3 armed robbery with homicide
malefactors take part in the commission of a robbery, it o Proof of conspiracy is not necessary when 4 or more
shall be deemed to have been committed by a band. armed persons committed robbery
When any of the arms used in the commission of the  ―any member of a band who is present at the
commission of a robbery by a band‖
offense be an unlicensed firearm, the penalty to be
o A principal by inducement, who did not go with the
imposed upon all the malefactors shall be the maximum
band at the place of the commission of robbery, is
period of the corresponding penalty provided by law, not liable for robbery with homicide, but only for
without prejudice to the criminal liability for illegal robbery in band, there being no evidence that he
possession of such unlicensed firearm. gave instructions to kill the victim or intended that
Any member of a band who is present at the this should be done
commission of a robbery by the band, shall be punished  There is no complex crime of:
as principal of any of the assaults committed by the o Robbery with homicide in band
band, unless it be shown that he attempted to prevent o Robbery in band with multiple rape
the same.  Rape is not considered ―any of the assaults committed
by the band‖ to make liable all the members of the
 Outline of the provision:
band, when only one member raped a woman without
1. When at least 4 armed malefactors take part in the
the knowledge of his other companions
commission of a robbery, it is deemed committed by
a band  RA 8294 considers the use of an unlicensed firearm in
2. When any of the arms used in the commission of murder or homicide merely as special aggravating
robbery is not licensed, the penalty upon all circumstance, and not a separate crime
malefactors shall be the maximum of the o The special aggravating circumstance of use of
corresponding penalty provided by law, without unlicensed firearm is not applicable to
prejudice to the criminal liability for illegal  robbery with homicide committed by a band
possession of such firearms  robbery with rape or intentional mutilation
3. Any member of a band who was present at the  robbery with physical injuries defined in
commission of a robbery by the band, shall be subdivision 1 of Art. 253
punished as principal of any of the assaults
committed by the band, unless it be shown that he 297. Attempted and frustrated robbery committed
attempted to prevent the same under certain circumstances. When by reason or on
 Requisites for liability for the acts of the other occasion of an attempted or frustrated robbery a
members of the band: (when the following concur) homicide is committed, the person guilty of such
1. That he was a member of the band offense shall be punished by reclusion temporal in its
2. That he was present at the commission of a robbery maximum period to reclusion perpetua, unless the
by that band homicide committed shall deserve a higher penalty
3. That the other members of the band committed an under the provisions of this Code.
assault
 The term ―homicide‖ is used in a generic sense
4. That he did not attempt to prevent the assault
o Hence, it includes multiple homicides, murder,
o There must be proof that he made an endeavor to
parricide or infanticide
prevent the assault committed by another member
of the band, in order that he may not be held  The penalty is the same whether the robbery is
liable for such assault attempted or frustrated as long as homicide is
committed by reason or on occasion of such
 ―clubs‖—are arms which, in the hands of the
members of a band may be as dangerous to the life of  ―unless the homicide committed shall deserve a higher
one who would resist the depredations of the band as penalty‖—if the killing, on the occasion of or by
are revolvers or bolos. reason of robbery, is qualified by treachery or
relationship

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 For attempted robbery with homicide, there should be 1. Robbery in an inhabited house or public building or
an overt act which would lead to the commission of edifice devoted to religious worship (Art. 299)
robbery, but robbery was not committed, despite the 2. Robbery in an uninhabited place or in a private
consummation of homicide building (Art. 302)
o But if there is no overt act of robbery and homicide  Essential requisite: the malefactor should enter the
is committed, the crime is only homicide building or dependency where the object to be taken is
 This article is also applicable to attempted robbery found
with homicide by a band
 General Rule: robbery with homicide and attempted 299. Robbery in an inhabited house or public building or
or frustrated robbery with homicide are not covered edifice devoted to worship. Any armed person who shall
by Art. 48 because they are special complex crime commit robbery in an inhabited house or public building
having their own penalties or edifice devoted to religious worship, shall be
o Exception: when the offense committed is punished by reclusion temporal, if the value of the
attempted or frustrated robbery with serious property taken shall exceed 250 pesos, and if—
physical injuries or when the offense is robbery with A. The malefactors shall enter the house or building
frustrated homicide where the penalty for frustrated
in which the robbery is committed, by any of the
homicide will be imposed
following means:
 There is only one crime of attempted robbery with
homicide even if slight physical injuries were inflicted 1. Through an opening not intended for entrance or
on other persons on the occasion or by reason of the egress
robbery 2. By breaking any wall, roof, or floor or breaking
any door or window
298. Execution of deeds by means of violence or 3. By using false keys, picklocks or similar tools
intimidation. Any person who, with intent to defraud 4. By using any fictitious name or pretending the
another, by means of violence or intimidation, shall exercise of public authority
compel him to sign, execute, or deliver any public Or if—
instrument or document, shall be held guilty of robbery B. The robbery be committed under any of the
and punished by the penalties respectively prescribed in following circumstances:
this Chapter. 1. By breaking of doors, wardrobes, chests or any
 Elements: other kind of locked or sealed furniture or
1. That the offender has intent to defraud another receptacle
2. That the offender compels him to sign, execute, or 2. By taking such furniture or objects away to be
deliver any public instrument or document broken or forced open outside the place of the
3. That the compulsion is by means of violence or robbery
intimidation When the offenders do not carry arms and the value of
 The adjective ―public‖ must only describe the word the property taken exceeds 250 pesos, the penalty next
instrument, hence, this article applies even if the lower in degree shall be imposed.
document signed, executed or delivered is a private or
commercial document The same rule shall be applied when the offenders are
 This article is not applicable if the document is void armed, but the value of the property taken does not
exceed 250 pesos.
 The difference between this article and that of grave
coercion is that there is not intent to gain in the latter When said offenders do not carry arms and the value
taken does not exceed 250 pesos, they shall suffer the
Section 2: Robbery by the use of force upon things penalty prescribed in the two next preceding
 Robbery by the use of force upon things is committed paragraphs, in its minimum period.
only when either If the robbery be committed in one of the dependencies
1. The offender entered a house or building by any of of an inhabited house, public building, or building
the means specified in Art. 299 or Art. 302 dedicated to religious worship, the penalties next lower
2. Even if there is no entrance by any of those means, in degree than those prescribed in this article shall be
he broke a wardrobe, chest, or any other kind of imposed.
locked or sealed furniture or receptacle inside the
 Elements: (subsection A)
building, or he took it away to be broken or forced
1. That the offender entered
open outside
a. An inhabited place, or
 2 kinds of robbery with force upon things: b. Public building, or
c. Edifice devoted to religious worship
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 65 of 75
2. That the entrance was effected by any of the o The genuine key must be stolen, not taken by force
following means: or with intimidation, from the owner
a. Through an opening not intended for entrance or o The use of false key or picklock refers to the mode
egress of entering the house or building and not to the
b. By breaking any wall, roof, or floor or breaking method of opening a trunk in the house or to the
any door or window method of opening the drawer of the cabinet
c. By using false keys, picklocks or similar tools  Picklocks or similar tools—specially adopted to the
d. By using any fictitious name or pretending the commission of the crime of robbery
exercise of public authority  The use of a fictitious name or the act pretending to
3. That once inside the building, the offender took exercise authority must be to enter the building
personal property belonging to another with intent  Elements: (subdivision B)
to gain 1. That the offender is inside a dwelling house, public
 The offender must ―enter the house or building in building, or edifice devoted to religious worship,
which the robbery is committed‖ regardless of the circumstances under which he
o The whole body of culprit must be inside the entered it
building to constitute entering 2. That the offender takes personal property belonging
o There must be evidence or the facts must show that to another, with intent to gain, under any of the
the accused entered the dwelling house or building following circumstances:
by any of the means enumerated in subdivision (a) a. By the breaking of doors, wardrobes, chests or
o Thus, where the manner of entrance into the house any other kind of locked or sealed furniture or
was not proven, the crime is theft and not robbery receptacle
 Inhabited house—any shelter, ship or vessel, b. By taking such furniture or objects away to be
constituting the dwelling of one or more persons even broken or forced open outside the place of the
though the inhabitants thereof are temporarily absent robbery
therefrom when the robbery is committed  To commit the robbery defined in subdivision B, it is
 Public building—every building owned by the not necessary that the offender should have entered
Government or belonging to a private person but the building by any of the means mentioned in
used or rented by the Government, although subdivision A
temporarily unoccupied by the same  The term ―door‖ here in subdivision B refers only to
o What makes a building public is not its inauguration ―doors, lids or opening sheets‖ of furniture or other
for the purpose intended, but the fact of the State or portable receptacles
any of its agencies having the title thereto  Breaking the keyhole of the door of a wardrobe, which
 ―breaking‖—means of entering the building is locked, is breaking a locked furniture
o The force used in this means must be actual, as  ―to be broken or forced open outside‖—only indicates
distinguished from that in the other means which is the objective element of the offense
only constructive force o When sealed box or receptacle is taken out of the
 The wall broken must be an outside wall, not a wall house or building for the purpose of breaking it
between rooms in a house or building, because the outside, it is not necessary that it is actually opened
breaking of the wall must be for the purpose of  It is estafa or theft, if the locked or sealed receptacle is
entering the house or building where the robbery is not forced open in the building where it is kept or
committed taken therefrom to be broken outside
o But if a room is occupied by a person as his separate
 A bolo is not an arm when used by a servant to open a
dwelling, the breaking of its inside wall may give rise
trunk in his master’s house
to robbery
 Arm carried must not be used to intimidate for the
 ―door‖—refers to an outside door; it can be no other
reason that once the circumstance of intimidation
than the main or back door which must first be
enters in the commission of the crime, it will place the
opened to effect entrance by that means
offense under Art. 294
 There must be an actual breaking or smashing in
 The liability for carrying arms while robbing an
opening the door
inhabited house is extended to each of the offenders
o Where the door itself is intact, and the accused
who take part in the robbery, even if some of them do
entered the store by removing the hinges or hooks
not carry arms
to which the padlocks were attached, as well as the
lock of the door knob, the crime committed was
simple theft 300. Robbery in an uninhabited place and by a band.
 False keys—genuine keys stolen from the owner or The robbery mentioned in the next preceding article, if
any keys other than those intended by the owner for committed in an uninhabited place and by a band, shall
use in the lock forcibly opened by the offender
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 66 of 75
be punished by the maximum period of the penalty provided that any of the following circumstances is
provided therefor. present:
 The 2 qualifications, uninhabited place and by a band, 1. If the entrance has been effected through any
must concur to qualify the offense of robbery opening not intended for entrance or egress
 The inhabited house, public building, or edifice 2. If any wall, roof, floor, or outside door or window
devoted to religious worship must be located in an has been broken
uninhabited place 3. If the entrance has been effected through the use
 To be qualified, of false keys, picklocks, or other similar tools
Robbery with force upon Robbery with violence 4. If any door, wardrobe, chest, or any sealed or
things (Art. 299) against or intimidation of closed furniture or receptacle has been broken
persons (Art. 295) 5. If any closed or sealed receptacle, as mentioned in
Committed in an Committed in an the preceding paragraph, has been removed, even
uninhabited place and by a uninhabited place or by a
if the same be broken open elsewhere
band band
When the value of the property taken does not exceed
P250.00, the penalty next lower in degree shall be
301. What is an inhabited house, public building, or
imposed.
building dedicated to religious worship and their
dependencies. Inhabited house means any shelter, ship In the cases specified in Arts. 294, 295, 297, 299, 300
or vessel constituting the dwelling of one or more and 302 of this Code, when the property taken is mail
persons, even though the inhabitants thereof shall matter or large cattle, the offender shall suffer the
temporarily be absent therefrom when the robbery is penalties next higher in degree that those provided in
committed. said articles.
 Elements:
All interior courts, corrals, warehouses, granaries,
1. That the offender entered an uninhabited place or a
barns, coachhouses, stables, or other departments, or building which was not a dwelling house, not a
enclosed places contiguous to the building or edifice, public building, or not an edifice devoted to
having an interior entrance connected therewith and religious worship
which form part of the whole, shall be deemed 2. That any of the following circumstances
dependencies of an inhabited house, public building, or (enumerated above) was present:
building dedicated to religious worship. 3. That with intent to gain, the offender took
therefrom personal property belonging to another
Orchards and other lands used for cultivation or
 ―building‖—any kind of structure used for storage or
production are not included in the terms of the next
safekeeping of personal property such as freight car
preceding paragraph, even if closed, contiguous to the
and warehouse
building, and having direct connection therewith.
 Pars. Nos. 4 & 5 do not require that the offender must
The term “public building” includes every building have entered the uninhabited building through Pars.
owned by the Government or belonging to a private Nos. 1, 2 & 3
person but used or rented by the Government, although  The un-nailing of a piece of cloth which was nailed
temporarily unoccupied by the same. over the door so as to seal it, the customary manner of
 A sunken ship is included in the term ―ship‖ sealing a freight car, is held to be breaking by force
 The place is still inhabited house even if the occupant  Breaking of padlock is use of force upon things
was absent  Receptacle—a container
 3 requisites that must concur to be considered as  Motor vehicle, coconuts in the plantation, and fish in
dependency: the fishpond are not included in Art. 302
1. Must be contiguous to the building  Penalty is based only on value of property taken
2. Must have an interior entrance connected therewith Robbery committed under Robbery committed under
3. Must form part of the whole Art. 299 Art. 302
If the store is used as a If the store was not actually
302. Robbery in an uninhabited place or in a private dwelling of one or more occupied at the time of the
building. Any robbery committed in an uninhabited persons robbery and was not used
place or in a building other than those mentioned in the as a dwelling
1st par. of Art. 299, if the value of the property taken If the store is a dependency
exceeds P250.00 shall be punished by prision of an inhabited place
correccional in its medium and maximum periods,

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303. Robbery of cereals, fruits, or firewood in an 4. Destroying or damaging statues, public monuments or
uninhabited place or private building. In the cases paintings (Art. 331)
enumerated in Arts. 299 and 302, when the robbery
consists in the taking of cereals, fruits, or firewood, the 327. Who are liable for malicious mischief—: Any
culprit shall suffer the penalty next lower in degree than person who shall deliberately cause to the property of
that prescribed in said articles. another any damage not falling within the terms of the
 ―cereals‖—seedlings which are the immediate product next preceding chapter, shall be guilty of malicious
of the soil mischief.
 Palay is cereal and is included in the term ―semilla  Elements:
alimenticia‖ used in the Spanish text 1. That the offender deliberately caused damage to the
o The palay must be kept by the owner as seedling or property of another
taken for that purpose by the robber 2. That such act does not constitute arson or other
crimes involving destruction
304. Possession of picklocks or similar tools. Any person 3. That the act of damaging another’s property be
who shall, without lawful cause, have in his possession committed merely for the sake of damaging it
picklocks or similar tools especially adopted to the  The 3rd element presupposes that the offender acted
commission of the crime of robbery, shall be punished due to hate, revenge or other evil motive
by arresto mayor in its maximum period to prision  ―shall deliberately cause to the property of another any
damage‖—offender should act under impulse of a
correccional in its minimum period.
specific desire to inflict injury to another
The same penalty shall be imposed upon any person o Malicious mischief cannot be committed through
who shall make such tools. If the offender be a negligence, since culpa and malice are essentially
locksmith, he shall suffer the penalty of prision incompatible
correccional in its medium and maximum periods.  Malicious mischief embraces not only those which are
 Elements of illegal possession of picklocks or similar inspired by hatred or revenge but also by mere
tools: pleasure of destroying
1. That the offender has in his possession picklocks or  If there is no malice in causing the damage, there is
similar tools only civil liability
2. That such picklocks or similar tools are specially  Damage—not only loss but also diminution of what is
adopted to the commission of robbery a man’s own
3. That the offender does not have lawful cause for  If intent to gain is present, the crime committed is
such possession theft and not malicious mischief
 Actual use of picklocks or similar tools is not  The damaging of property must not result from crime
necessary such as when a robber breaks a window
 A person charged with malicious mischief may be
305. False keys. The term “false keys” shall be deemed found guilty of damage to property through reckless
to include: imprudence since reckless imprudence is not a crime
1. The tools mentioned in the next preceding articles in itself but only a way of committing it
2. Genuine keys stolen from the owner
3. Any keys other than those intended by the owner 328. Special cases of malicious mischief—: Any person
for use in the lock forcibly opened by the offender who shall cause damage to obstruct the performance of
 Possession of false keys in pars. 2 and 3 are not public functions, or using any poisonous or corrosive
punishable substance; or spreading any infection or contagion
among cattle; or who causes damage to the property of
Chapter 9: MALICIOUS MISCHIEF the National Museum or National Library, or to any
Malicious mischief—the willful damaging of another’s archive or registry, waterworks, road, promenade, or
property for the sake of causing damage due to hate, any other thing used in common by the public shall be
revenge or other evil motive punished:
1. By prision correccional in its minimum and medium
Crimes classified as malicious mischief: periods, if the value of the damage caused exceeds
1. Special cases of malicious mischief (Art. 328) 1000pesos
2. Other mischiefs (Art. 329) 2. By arresto mayor if such value does not exceed the
3. Damage and obstruction to means of communication above-mentioned amount but is over 200pesos;
(Art. 330) and

Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 68 of 75


3. By arresto menor if such value does not exceed  ―if the damage shall result in any derailment of cars,
200 pesos collision, or other accident‖—such should not have
 Special cases of malicious mischief: (also called as been purposely sought for by the offender
Qualified Malicious Mischief)  The rails should not be removed from a railway track
1. Causing damage to obstruct the performance of to cause destruction, if so, the act is punishable under
public functions Art. 324
2. Using any poisonous or corrosive substance  ―telegraph or telephone lines‖—it must pertain to a
3. Spreading any infection or contagion among cattle railway system, if it doesn’t, it is not punishable under
4. Causing damage to the property of the National this Act
Museum or National library, or to any archive or  When person or persons are killed
registry, waterworks, road, promenade, or any other o If there is no intent to kill—damages to means of
thing used in common by the public communication with homicide
Causing damage to obstruct Sedition o If there is intent to kill—murder where damages to
the performance of public means of communication is a means to accomplish
functions the criminal purpose
Public and tumultuous Public and tumultuous
uprising is not present uprising is present 331. Destroying or damaging statutes, public
There is intent to obstruct the performance of public monuments, or paintings—: Any person who shall
functions destroy or damage statues or any other useful or
ornamental public monuments, shall suffer the penalty
329. Other mischiefs—: The mischiefs not included in of arresto mayor in its medium period to prision
the next preceding article shall be punished: correccional in its minimum period.
1. By arrestor mayor in its medium and maximum
periods, if the value of the damage caused exceeds Any person who shall destroy or damage any useful or
1000pesos ornamental painting of a public nature shall suffer the
2. By arresto mayor in its minimum and medium penalty of arresto menor or a fine not exceeding
periods if such value is over 200pesos but does not 200pesos, or both such fine and imprisonement, in the
exceed 1000pesos discretion of the court.
3. By arresto menor or fine of not less than the value
of the damage caused and not more than Chapter 10: EXEMPTION FROM CRIMINAL LIABILITY IN
200pesos, if the amount involved does not exceed CRIMES AGAINST PROPERTY
200pesos or cannot be estimated 332. Persons exempt from criminal liability—: No
 Mischiefs not included in Art. 328 are punished criminal, but only civil liability shall result from the
according to the value of the damage caused commission of the crime of theft, swindling, or
 Examples of other mischiefs: malicious mischief committed or caused mutually by
o A servant who released a bird from the cage as an the following persons:
act of hate against its owner 1. Spouses, ascendants and descendants, or relatives
o Scattering human excrement in public building by affinity in the same line
2. The widowed spouse with respect to the property
330. Damage and obstruction to means of which belonged to the deceased spouse before the
communication—: The penalty of prision correccional in same shall have passed into the possession of
its medium and maximum periods shall be imposed another, and
upon any person who shall damage any railway, 3. Brothers and sisters and brothers-in-law and
telegraph or telephone lines. sisters-in-law, if living together
If the damage shall result in any derailment of cars, The exemption established by this article shall not be
collision, or other accident, the penalty of prision mayor applicable to strangers participating in the commission
shall be imposed, without prejudice to the criminal of the crime.
liability of the offender for the other consequences of  Crimes involved in the exemption: (in their general
his criminal act. sense and not when complexed)
1. Theft
For the purpose of the provisions of this article, the 2. Swindling (estafa)
electric wires, traction cables, signal system, and other 3. Malicious mischief
things pertaining to railways, shall be deemed to
constitute an integral part of a railway system.

Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 69 of 75


 This article is only applicable when the offender and o A man and a woman lived as husband and wife and
the offended party are relatives and where their none of them denied or contradicted it
relationship is any of those mentioned o Declaration of the husband
 Reason: the law recognizes the presumed co- o Testimony of a witness who was present at the time
ownership of the property between the offender and of the marriage between the parties
the offended party  The offended party, who initiates the adultery case,
 ―Ascendants by affinity‖—stepfather and stepmother must be legally married to the offender at the time of
are included the criminal case or before the adultery proceedings
 ―Descendants‖—adopted or natural child are also are commenced
included  Adultery can still be committed even if the marriage be
 ―Spouses‖—concubine or paramour is included subsequently declared void
 For the widowed spouse who commits theft, estafa or  Carnal knowledge may be proved by circumstantial
malicious mischief with respect to property of and corroborative evidence
deceased, to be exempt, it is required that: o Direct proof of carnal knowledge is not necessary
1. The property belongs to the deceased spouse, and o But this kind of evidence is not sufficient for the
2. It has not passed into the possession of a third application of Art. 247 which requires surprising the
person spouse in the act of sexual intercourse with another
person
Title 11: CRIMES AGAINST CHASTITY  Each sexual intercourse constitutes a crime of adultery
o The crime of adultery is an instantaneous crime
Crimes against Chastity: which is consummated and completed at the moment
1. Adultery (Art. 333) of the carnal union
2. Concubinage (Art. 334) o Adultery, therefore, is not a continuing offense
3. Acts of lasciviousness (Art. 336)  Essence of the crime: violation of marital vow
4. Qualified seduction (Art. 337)  Gist of the crime: the danger of introducing spurious
5. Simple seduction (Art. 338) heirs into the family, where the rights of the real heirs
6. Acts of lasciviousness with the consent of the may be impaired and a man may be charged with the
offended party (Art. 339) maintenance of a family not his own
7. Corruption of minors (Art. 340)
8. White slave trade (Art. 341)  Mitigating circumstances: (both defendants are entitled
9. Forcible abduction (Art. 342) to this)
10. Consented abduction (Art. 343) o If the person guilty of adultery committed the
offense while being abandoned without justification
by the offended spouse
Chapter 1: ADULTERY AND CONCUBINAGE o A woman’s responsibility arising from her act of
333. Who are guilty of adultery—: Adultery is giving herself up to the man who had lent her a
committed by any married woman who shall have helping hand during such time of want and need
sexual intercourse with a man not her husband and by should be considered mitigated two-fold by sheer
the man who has carnal knowledge of her, knowing her necessity
to be married, even if the marriage be subsequently  Acquittal of one of the defendants does not operate as
declared void. a cause for acquittal of the other
o Reasons:
Adultery shall be punished by prision correccional in its a. There may not be a joint criminal intent, although
medium and maximum periods. there is joint physical act
If the person guilty of adultery committed this offense b. One of the parties may be insane and the other
sane
while being abandoned without justification by the
c. A man may not know that the woman is married
offended spouse, the penalty next lower in degree than d. Death of the woman during pendency of the
that provided in the next preceding paragraph shall be action cannot defeat the trial and conviction of the
imposed. man
 Elements: e. Even if the man had left the country and could
1. That the woman is married not be apprehended, the woman can be tried and
2. That she has sexual intercourse with a man not her convicted
husband  Effects of Death
3. That as regards the man with whom she has sexual o Death of paramour will not bar prosecution against
intercourse, he must know her to be married the unfaithful wife
 Presumption of marriage: o Death of the offended party—proceedings will
continue
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 70 of 75
 But if he died before a complaint could be filed, oScandal produced may be in the form of:
the case cannot go on a. He and his mistress living in the same room of a
 Effect of pardon: Art. 344 requires that— house
1. Pardon must come before the institution of the b. They appear in public
criminal prosecution, and c. Performs acts in sight of the community which
2. Both the offenders must be pardoned by the give rise to criticism and general protest among
offended party the neighbors
 Act of intercourse, between the offending spouse and o ―under scandalous circumstances‖—refers to the act
the offended spouse, subsequent to adulterous of sexual intercourse which may be proved by
conduct is an implied pardon circumstantial evidence
 Effect of consent—a charge of adultery must be o The people in the vicinity are the best witnesses to
dismissed prove scandalous circumstances
o Agreement to separate may bar the offended spouse o When spies are employed and it appearing that none
from instituting criminal complaint of the people living in the vicinity has observed any
suspicious conduct on his part in relation with his
 Under the law, there is no accomplice in adultery
co-accused, there is no evidence of scandalous
circumstances
334. Concubinage—: Any husband who shall keep a  Third way—:
mistress in the conjugal dwelling, or, shall have sexual o Mere cohabitation is sufficient
intercourse, under scandalous circumstances, with a o Proof of scandalous circumstances is not necessary
woman who is not his wife, or shall cohabit with her in o ―Cohabit‖—to dwell together, in the manner of
any other place, shall be punished by prision husband and wife, for some period of time
correccional in its minimum and medium periods. o A person who keeps a mistress in an apartment
furnished by him is not guilty of concubinage if he
The concubine shall suffer the penalty of destierro.
does not live or sleep with her in said apartment
 3 ways of committing the crime of concubinage:
 Reason why adultery is more severely punished than
1. By keeping a mistress in the conjugal dwelling
concubinage
2. By having sexual intercourse, under scandalous
o Because adultery makes possible the introduction of
circumstances, with a woman who is not his wife
another man’s blood into the family so that the
3. By cohabiting with her in any other place
offended husband may have another man’s son
 Elements: bearing his name and receiving support from him
1. That the man must be married
2. That he committed any of the following acts:
Chapter 2: RAPE AND ACTS OF LASCIVIOUSNESS
a. Keeping a mistress in the conjugal dwelling
b. Having sexual intercourse under scandalous 335. When and how rape is committed. [repealed by RA
circumstances with a woman who is not his wife 8353, “Anti-Rape Law of 1997]
c. Cohabiting with her in any other place
3. That as regards the woman, she must know him to 336. Acts of lasciviousness—: Any person who shall
be married commit any act of lasciviousness upon other persons of
 A married man is not liable for concubinage for mere either sex, under any of the circumstances mentioned in
sexual relations with a woman, not his wife, which is the preceding article, shall be punished by prision
not under the mentioned circumstances correccional.
 First way—:  Elements:
o No positive proof of actual intercourse or under a 1. That the offender commits any act of lasciviousness
scandalous circumstance is necessary when the man of lewdness
keeps his mistress in the conjugal dwelling 2. That the act of lasciviousness is committed against a
o Mistress—a woman taken by the accused into the person of either sex
conjugal dwelling as a concubine 3. That it is done under any of the following
o Conjugal dwelling—the home of the husband and circumstances:
wife even if the wife happens to be temporarily a. By using force or intimidation
absent on any account b. When the offended party is deprived of reason or
 Second way—: otherwise unconscious
o Scandal—consists in any reprehensible word or c. By means of fraudulent machination or grave
deed that offends public conscience, redounds to abuse of authority
the detriment of the feelings of honest persons, and d. When the offended party is under 12 years of age
gives occasion to the neighbors’ spiritual damage or or is demented
ruin  Lewd—obscene, lustful, indecent, lecherous
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 71 of 75
o What constitutes lewd or lascivious conduct must be 337. Qualified seduction—: The seduction of a virgin
determined from the circumstance s of each case over 12 years and under 18 years of age, committed by
 The motive of lascivious acts is not important because any person in public authority, priest, house servant,
the essence of lewdness is in the very act itself domestic, guardian, teacher, or any person who, in any
 Examples of acts of lasciviousness: capacity, shall be entrusted with the education or
o Compelling a girl to dance naked before men even if custody of the woman seduced, shall be punished by
the dominant motive is revenge for her failure to prision correccional in its minimum and medium
pay a debt periods.
o Embracing, kissing and holding girl’s breast against
her will when prompted by lust or lewd designs The penalty next higher in degree shall be imposed
 If there is absence of lewd designs, it is only unjust upon any person who shall seduce his sister or
vexation descendant, whether or not she be a virgin or over 18
 Lover’s embraces and kisses are not acts of years of age.
lasciviousness
o Placing a man’s private parts over a girl’s genital Under the provisions of this Chapter, seduction is
organ is an act of lasciviousness committed when the offender has carnal knowledge of
 Moral compulsion amounting to intimidation is any of the persons and under the circumstances
sufficient described herein.
Abuses against chastity Offenses against chastity  2 classes of qualified seduction:
(Art. 246) 1. Seduction of a virgin over 12 years and under 18
Committed by a public Committed by, in majority years of age by certain persons, such as, a person in
officer of cases, private individual authority, priest, teacher, etc.
A mere immoral or Not necessary that some 2. Seduction of a sister by her brother, or descendant
indecent proposal made actual act of lasciviousness by her ascendant, regardless of her age or reputation
earnestly and persistently is should have been executed  Elements of qualified seduction of a virgin:
sufficient by the offender 1. That the offended party is a virgin, which is
presumed if she is unmarried and of a good
Attempted rape Acts of Lasciviousness reputation
The lascivious acts are The lascivious acts are the 2. That she must be over 12 and under 18 years of age
preparatory acts to the final objective sought by the 3. That the offender has sexual intercourse with her
commission of rape offender 4. That there is abuse of authority, confidence or
There is clear indication relationship on the part of the offender
that the purpose was to lie  If the woman is married and the offender knows it,
with the offended woman having sexual intercourse with her is adultery
 While committing an act amounting to attempted rape,  If the victim is less than 12 years of age, the crime is
the offender desisted but acts of lasciviousness were rape
already committed, the offender will be liable under  If the victim is over 18 years of age, qualified
Art. 336 seduction is not committed
 There are no frustrated and attempted acts of o If there was no force or intimidation, or the woman
lasciviousness is not unconscious or otherwise deprived of reason,
there is no crime at all
Acts of lasciviousness Unjust vexation
 ―virginity‖—must not be understood in so material a
Lewd design must be Lewd design is not present sense as to exclude the idea of abduction of a virtuous
present woman of good reputation
Committed by any of the 4 Usually not accompanied by
 Offenders in qualified seduction:
circumstances force or intimidation
1. Those who abused their authority
a. Person in public authority
Chapter 3: SEDUCTION, CORRUPTION OF MINORS, b. Guardian
AND WHITE SLAVE TRADE c. Teacher
Seduction—enticing a woman to unlawful sexual d. Person who, in any capacity, is entrusted with the
intercourse by promise of marriage or other means of education or custody of the woman seduced
persuasion without the use of force 2. Those who abused confidence reposed in them
a. Priest
Kinds of seduction: b. House servant
1. Qualified seduction (Art. 337) c. Domestic
2. Simple seduction (Art. 338) 3. Those who abused their relationship
a. Brother who seduced his sister
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 72 of 75
b. Ascendant who seduced his descendant  Purpose: to punish the seducer, who by means of
 Not an element of qualified seduction: promise of marriage, destroys the chastity of an
o Deceit unmarried female of previous chaste character
o Consent of the girl
 Examples of qualified seduction: 339. Acts of lasciviousness with the consent of the
o Qualified seduction by a teacher even when the offended party—: The penalty of arresto mayor shall be
teacher is not in charge of the education and imposed to punish any other acts of lasciviousness
instruction of the offended party so long as he is a committed by the same persons and under the same
teacher in the same school circumstances as those provided in Arts. 337 and 338.
o Qualified seduction by the master against a servant
 Elements:
o Qualified seduction by head of the family against the
1. That the offender commits acts of lasciviousness or
cousin of his wife who is living with them
lewdness
o Qualified seduction by a servant against his master’s
2. That the acts are committed upon a woman who is
daughter
virgin or single or widow of good reputation, under
o Qualified seduction by seducing a sister or
18 years of age but over 12 years, or a sister or
descendant
descendant regardless of her reputation or age
 Considered as incest
3. That the offender accomplishes the acts by abuse of
 Relationship must be by consanguinity but need
authority, confidence, relationship or deceit
not be legitimate
 Males cannot be the offended party in this crime since
 ―domestic‖—a person usually living under the same there is no mention of ―persons of either sex‖ as the
roof, pertaining to the same house offended party
o All persons residing with the family and who are
members of the same household, regardless of the  ―with the consent of the offended party‖—consent is
fact that their residence may only be temporary or obtained by abuse of authority, confidence or
that they may be paying for their board and lodging relationship or by means of deceit
Article 336 Article 339
 If any of the circumstances in the crime of rape is
Acts are committed under Acts are committed under
present, then the crime is punished under Rape
circumstances which, had circumstances which, had
 The accused charged with rape cannot be convicted of there been carnal there been carnal
qualified seduction under the same information knowledge, would amount knowledge, would amount
to rape to either qualified or simple
338. Simple seduction—: The seduction of a woman seduction
who is single or a widow of good reputation, over 12
but under 18 years of age, committed by means of 340. Corruption of Minors—: Any person who shall
deceit, shall be punished by arresto mayor. promote or facilitate the prostitution or corruption of
 Elements: persons under age to satisfy the lust of another, shall be
1. That the offended party is over 12 and under 18 years punished by prision mayor and if he culprit is a public
of age officer or employee, including those in government-
2. That she must be of good reputation, single or widow
owned or controlled corporations, he shall also suffer
3. That the offender has sexual intercourse with her
4. That it is committed by means of deceit the penalty of temporary absolute disqualification.
 Virginity of the offended party is not required because  Habituality or abuse of authority or confidence is not
all that is necessary is she be of good reputation necessary
 Deceit—generally takes the form of unfulfilled  The single act of facilitating the corruption of a minor
promise of marriage and this promise need not by, even without abuse of authority or confidence,
placing her at another’s disposal for immoral purposes
immediately precede the carnal act
o Also present in unfulfilled promise of material is now a crime
things  It is not necessary that the unchaste acts hall have
o Promise of marriage by a married man is deceit been done
o Promise of marriage after sexual intercourse does o A mere proposal will consummate the offense
not constitute deceit o What the law punishes is the act of a pimp who
 Because the promise of marriage must be the facilitates the corruption of the minor
inducement and the woman yield because of such  The offended party must be of good reputation
promise
 Simple seduction is not a continuing offense because 341. White slave trade—: The penalty of prision
one cannot lose her virginity twice correccional in its medium and maximum periods shall
be imposed upon any person who, in any manner, or
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 73 of 75
under any pretext, shall engage in the business or shall  If the female abducted is under 12 years of age, the
profit by prostitution or shall enlist the services of crime is forcible abduction, even if she voluntarily
women for the purpose of prostitution. goes with her abductor
 Acts penalized as white slave trade: o Not necessary that she be abducted against her will
1. Engaging in the business of prostitution  Sexual intercourse is not necessary in forcible
2. Profiting by prostitution abduction
3. Enlisting the services of women for the purpose of o Intent to seduce is sufficient
prostitution o If there is sexual intercourse after the forcible
 One of those above-mentioned acts is sufficient to abduction and the offender used any of the ways of
constitute the offense committing rape, the offender is liable for the
 Habituality is not a necessary element of white slave complex crime of forcible abduction with rape
trade  Lewd designs:
 The offender is any person who maintains or engages o May be shown by the conduct of the accused
in the business of prostitution, hence, he need not be o Present in hurried ceremony of marriage by force
the owner of the house especially when the woman cannot give consent
legally
 Maintainer or manager of house of ill-repute need not
 Intention to marry does not constitute unchaste
be present therein at the time of raid or arrest
designs when both defendant and the woman
o His presence at the time of the raid it not a
have the required age for consenting to marriage
condition to a criminal prosecution against him
 When there are several defendants, it is enough that
one of them had lewd designs to convict them of
Chapter 4: ABDUCTION
crime of abduction
Abduction—taking away of a woman from her house or  The husband cannot be found guilty of the crime of
the place where she may be for the purpose of carrying her forcible abduction of his wife, the element of unchaste
to another place with intent to marry or to corrupt her or lewd design being wanting
Forcible abduction Grave coercion
Kinds of abduction: There is violence or intimidation used by the offender
1. Forcible abduction (Art. 342) The offended party is compelled to do something against
2. Consented abduction (Art. 343) her will
Lewd design is present There is no lewd design
342. Forcible abduction—: The abduction of any woman
against her will and with lewd designs shall be punished Forcible abduction Corruption of minors
by reclusion temporal. There is lewd design There is no lewd design
The same penalty shall be imposed in very case, if the Purpose is to lend the
female abducted be under 12 years of age. offended party to illicit
intercourse with others
 Elements:
1. That the person abducted is any woman, regardless Forcible abduction Kidnapping and serious
illegal detention
of her age, civil status, or reputation
2. That the abduction is against her will There is lewd design There is no lewd design
3. That the abduction is with lewd designs There is deprivation of liberty
 In forcible abduction, the act of the offender is
violative of the individual liberty of the abducted, her Forcible abduction with Kidnapping with rape
honor and reputation, and of public order rape
The violent taking is The violent taking is not
 The virginity of the offended woman is not an
motivated by lewd designs motivated by lewd designs
essential elemet
Offense against chastity Offense against personal
 Crimes against chastity where age and reputation of liberty
victim are immaterial:
1. Rape  Complex crimes:
2. Acts of lasciviousness against the will or without the o Forcible abduction with rape
consent of the offended party o One count of forcible abduction with rape and 3
3. Qualified seduction of sister or descendant separate acts of rape
4. Forcible abduction  There is no complex crime of forcible abduction with
 The taking away of the woman may be accomplished attempted rape being that the attempt to rape is
by means of deceit first and then by means of violence absorbed by the abduction as considered as the lewd
and intimidation design of forcible abduction

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Forcible abduction Rape prosecuted except upon a complaint filed by the
There was an abduction but Absorbs forcible abduction offended spouse.
the resistance of the woman if the main objective was to
The offended party cannot institute criminal
to the alleged rape was not rape the victim
tenacious prosecution without including both the guilty parties if
 There is an attempted forcible abduction they are both alive, nor, in any case, if he shall have
consented or pardoned the offenders.
 Conviction of acts of lasciviousness is not a bar to
conviction of forcible abduction because one of these The offenders of seduction, abduction, rape, or acts f
two crimes involves some important act which is not lasciviousness, shall not be prosecuted except upon a
an essential element of the other complaint filed by the offended party or her parents,
Forcible abduction Acts of lasciviousness grandparents, or guardian, not, in any case, if the
Actual illicit relations with Lecherous acts must have offender has been expressly pardoned by the above-
the woman abducted need actually been committed named persons, as the case may be.
not be shown
The person abducted must The lustful acts may be In cases of seduction, abduction, acts of lasciviousness,
be a woman committed upon persons of and rape, the marriage of the offender with the
either sex offended party shall extinguish the criminal action or
remit the penalty already imposed upon him. The
343. Consented abduction—: The abduction of a virgin provisions of this paragraph shall also be applicable to
over 12 and under 18 years of age, carried out with her the co-principals, accomplices, and accessories after the
consent and with lewd designs, shall be punished by the fact of the above-mentioned crimes.
penalty of prision correccional in its minimum and
medium periods. 345. Civil liability of persons guilty of crimes against
 Elements: chastity—: Persons guilty of rape, seduction, or
1. That the offended party must be a virgin abduction, shall also be sentenced:
2. That she must be over 12 and under 18 years of age 1. To indemnify the offended woman
3. That the taking away of the offended party must be 2. To acknowledge the offspring, unless the law
with her consent, after solicitation or cajolery from should prevent him from doing so
the offender 3. In every case, to support the offspring
4. That the taking away of the offended party must be The adulterer and the concubine, in the case provided
with lewd designs
in Articles 333 and 334, may also be sentenced, in the
 If the offended party is under 12 years of age, the same proceeding or in a separate civil proceeding, to
crime committed is forcible abduction, even if the girl
indemnify for damages caused to the offended spouse.
agrees to the elopement
 Purpose of the law: to prescribe punishment for the
disgrace to her family and the alarm caused therein by 346. Liability of ascendants, guardians, teachers, or
the disappearance of the one who is, be her age and other persons entrusted with the custody of the
sex, susceptible to cajolery and deceit offended party—: The ascendants, guardians, curators,
 The taking away need not be with some character of teachers, and any person who, by abuse of authority or
permanence but always with lewd design confidential relationship, shall cooperate as accomplices
 The offended party need not be taken from her house in the perpetration of the crimes embraced in chapters
 Consent f the minor to being taken away may be due 2nd, 3rd and 4th of this title, shall be punished as
to honeyed promises of marriage by the offender principals.
 When there was no solicitation or cajolery and no Teachers or other persons in any other capacity
deceit and the girl voluntarily went with the man, there entrusted with the education and guidance of youth,
is no crime committed even if they had sexual shall also suffer the penalty of temporary special
intercourse disqualification in its maximum period to perpetual
 There is a complex crime of consented abduction with special disqualification.
rape
Any person falling within the terms of this article, and
Chapter 5: PROVISIONS RELATIVE TO THE PRECEDING any other person guilty of corruption of minors for the
CHAPTERS OF TITLE 11 benefit of another, shall be punished by special
disqualification from filling the office of guardian.
344. Prosecution of the crimes of adultery, concubinage,
abduction, rape, and acts of lasciviousness—: The
crimes of adultery and concubinage shall not be
Ro-An Salanga (I-A) Crim 2 Notes (AY 2010-2011) Page 75 of 75