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Title Eight Crimes against Persons I. Death a. Relationship i. Relative 1. Art. 246. Parricide 2. Art. 255. Infanticide ii.

Non-relative 1. Art. 249. Homicide a. Frustrated b. Duel c. Art. 262. Challenging to a duel 2. Art. 248. Murder 3. Abortion a. Art. 256. Intentional abortion b. Art. 257. Unintentional abortion c. Art. 258. Abortion practiced by the woman herself of by her parents d. Art. 258. Abortion practiced by the woman herself of by her parents 4. Art. 251. Death caused in a tumultuous affray b. Art. 253. Giving assistance to suicide c. Art. 254. Discharge of firearms II. Physical Injuries a. Art. 262. b. Art. 263. c. Art. 265. d. Art. 266. e. Art. 252. f. Art. 264. Mutilation Serious physical injuries Less serious physical injuries Slight physical injuries and maltreatment Physical injuries inflicted in a tumultuous affray Administering injurious substances or beverages or physical injuries inflicted under exceptional

Art. 247. Death circumstances. III. Hazing (RA 8049) RA 8049 Anti-Hazing Law of 1995

Hazing initiation rite or practice as a prerequisite for admission into membership in any fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury (Section 1) Persons liable: 1. If the person subjected to hazing suffers any physical injuries or dies as a result thereof, the officers and members of the soro/frat/org (SOF) who actually participated in the infliction of physical harm principals 2. Owner of place where hazing is conducted accomplice a. Has actual knowledge that hazing is conducted therein b. Failed to take action to prevent the same 3. If hazing is done in the home of one of SOF member, parents of the member principals a. Has actual knowledge that hazing is conducted therein b. Failed to take action to prevent the same

4. School authorities including faculty members accomplices Consented to the hazing OR Has actual knowledge but failed to take action to prevent it 5. Officers, former officers, alumni of the SOF who actually planned the hazing although not present principals 6. Officers or members of the SOF who a. Knowingly cooperated in carrying out the hazing b. By inducing the victim to be present thereat (the recruiter? ) principals 7. Adviser of the SOF principal a. Present at the time hazing was committed b. Failed to take action to prevent it Prima facie evidence of participation: presence during the commission of hazing UNLESS he prevented the acts punishable from happening Qualifying circumstances (impose maximum penalty): 1. Recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to join 2. Recruit/applicant/neophyte (RAN) initially consents to join but after learning that hazing will be committed on his person, is prevented from quitting 3. a. RAN who after undergoing hazing is prevented to report the unlawful act to his parents or guardians, to the proper school authorities or to the police authorities b. prevention is through force, violence, threat or intimidation 4. committed outside the school or institution 5. victim is below 12 years old at the time of hazing Notes: Person charged is not entitled of mitigating circumstance of lack of intent to commit so grave a wrong Applicable to president, manager, director or other responsible officer of a corporation engaged in hazing as a requirement for employment IV. Rape (RA 8353) RA 8353 The Anti-Rape Law of 1997 Rape is made a Crime against Persons

Two ways of committing rape: 1. Conventional: a. Offender: male b. Victim: female c. Act: has carnal knowledge d. Under any of the attendant circumstances* 2. Sexual assault: a. O: any person b. V: any person c. A: inserts his penis into victims mouth or anal orifice OR inserts any instrument into the victims genital or anal orifice d. Under any of the attendant circumstances* *Attendant circumstances of rape: 1. Through force, threat, or intimidation; 2. V: deprived of reason or otherwise unconscious;

3. By means of fraudulent machination or grave abuse of authority; and a. V: under twelve (12) years of age or is demented Qualifying circumstances (same for both ways of rape but penalties for #2 are lower): a. Committed with use of a deadly weapon OR by two or more persons b. V: becomes insane by reason or on the occasion of rape c. Attempted rape + Consummated homicide by reason or on the occasion of rape d. Consummated rape + consummated homicide by reason or on the occasion of rape THE TEN AGGRAVATING/QUALIFYING CIRCUMSTANCES OF RAPE (death penalty for conventional, reclusion temporal for sexual assault): [18 police committed 7 religious AIDS. Member suffered pregnancy disability.] 1. A. V: below 18 years old B. O: parent, step-parent, guardian, relative by consanguinity or by affinity within the 3rd civil degree, common-law spouse of the parent of offended party 2. V: under the custody of the police or military authorities or any law enforcement or penal institution 3. Committed in full view of the spouse, parent or any of the children or relatives by consanguinity or affinity within the third civil degree of the victim 4. A. V: a religious engaged in legitimate religious vocation or calling B. personally known to be such by the offender before or at the time of the commission 5. V: child below 7 years old 6. A. O: knows that he is afflicted with HIV/AIDS or STD B. virus is transmitted to victim 7. A. O: member of the AFP or para-military units thereof or the PNP or any law enforcement agency or penal institution B. took advantage of position to facilitate commission of rape 8. V: suffered permanent mutilation or disability by reason or on the occasion of rape 9. O: knew of the pregnancy of the offended party at the time of the commission of rape 10.O: knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of rape Effect of Pardon: 1. Subsequent valid marriage of the O and the V extinguishes criminal action or penalty 2. Marital rape: a. O: legal husband b. V: wife c. Subsequent forgiveness extinguishes criminal action or penalty XPN: if marriage is void ab initio Presumption of lack of consent: a. Physical or overt act by the offended party manifesting resistance against the act in any degree OR b. When the offended party is so situated as to render him/her incapable of giving valid consent V. VAWC (RA 9262) RA 9262 Anti-Violence against Women and their Children Act of 2004 Violence against women and their children; Scope and definition a. V : offenders 1. wife 2. former wife

3. woman with whom offender has or had a sexual or dating relationship 4. with whom he has a common child 5. against her child whether legitimate or illegitimate and children under her custody b. A : acts or series of acts which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty c. Within or without the family abode Types of violence (lists not exhaustive) 1. Physical 2. Sexual acts sexual in nature Rape sexual harassment acts of lasciviousness treating a woman or her child as a sex object making demeaning and sexually suggestive remarks physically attacking the sexual parts of the victim forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion Prostituting woman or child 3. Psychological - acts or omissions causing or likely to cause mental or emotional suffering of the victim Intimidation Harassment Stalking damage to property public ridicule or humiliation repeated verbal abuse and mental infidelity causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs causing or allowing victim to witness pornography in any form causing or allowing victim to witness abusive injury to pets unlawful or unwanted deprivation of the right to custody and/or visitation of common children 4. Economic - acts that make or attempt to make a woman financially dependent withdrawal of financial support preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases under Art. 73 of Family Code (objects on valid, serious and moral grounds) deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal/community property destroying household property controlling the victims' own money or properties or solely controlling the conjugal money or properties Acts punishable: 1. Physical harm if constitutes parricide/murder/homicide, punished under RPC a. Causing b. Threatening two degrees lower than consummated crime (VIS--VIS Grave threat)

c. Attempting arresto mayor d. Placing her/child under fear of imminent physical harm arresto mayor 2. Attempt to compelling/compelling woman/child (W/C) to engage in conduct W/C has right to 3.
desist OR desist W/C from engaging in conduct they have right to engage in prision correctional (VIS--VIS Grave coercion violence, threat or intimidation) Attempt to restrict/ restrict W/C freedom of movement or conduct by force, threat, physical harm or intimidation. prision correctional Includes: a. Depriving/ threatening to deprive: i. Custody ii. Financial support iii. A legal right b. Preventing exercise of business/profession c. Controlling conjugal/common property or womans own property inflicting/ threat to inflict physical harm on oneself to control W/Cs actions or decisions arresto mayor Causing/attempting to cause W/C to engage in sexual activity not constituting rape prision mayor Psychological violence. prision mayor Includes: a. Stalking b. Peering in window/ lingering outside residence c. Destroying property/ inflicting harm on pets of W/C d. Harassment or violence Causing mental or emotional anguish prision mayor

4. 5. 6.

7.

Qualifying circumstances (impose maximum period of penalty): 1. Committed while W/C is pregnant 2. Committed in the presence of her child VI. Trafficking in Persons (RA 9208) Acts Punished (RIMMASOE): 1. Recruitment - to recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage 2. Introduce/Match to foreigner for profit - to introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage 3. Marriage (Real/Simulated) to Traffick -To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage; 4. Sex Tourism - To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation 5. Maintain/Hire another for porn - To maintain or hire a person to engage in prostitution or pornography; 6. Adoption to Traffick - to adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; 7. Organ-trafficking

- To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and 8. Engaging children in armed activities - To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad. Acts that Promote Trafficking in Persons: 1. Knowingly leasing/subleasing any house etc. to promote trafficking. 2. Produce/print/issue/distribute fake documents to facilitate trafficking 3. Advertising through print or IT any material that promotes trafficking 4. Assisting in fraud/misrepresentation to obtain exit/entry forms of trafficked persons 5. Facilitating the entry/exit of persons in airports/seaports 6. Confiscating/concealing/destroying the passports of trafficked persons. 7. Knowingly benefiting from trafficked persons. When Qualified: 1. trafficked person is a child 2. adoption effected through RA 8043 (Inter-Country Adoption Act) 3. crime committed by syndicate/in large scale 4. offender is related to victim 5. customer is part of the military/police 6. offender is part of military/police 7. trafficked person becomes insane/dies/is mutilated/contracts AIDS VII. Anti-Photo and Video Voyeurism Act (RA 9995)

Prohibited Acts: 1. To take photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s without the consent of the person/s involved and under circumstances in which the person/s has/have a reasonable expectation of privacy. 2. To copy or reproduce, or to cause to be copied or reproduced, such photo or video or recording of sexual act or any similar activity with or without consideration 3. To sell or distribute, or cause to be sold or distributed, such photo or video or recording of sexual act, whether it be the original copy or reproduction thereof; or 4. To publish or broadcast, or cause to be published or broadcast, whether in print or broadcast media, or show or exhibit the photo or video coverage or recordings of such sexual act or any similar activity through VCD/DVD, internet, cellular phones and other similar means or device. Acts 2,3 and 4 punishable even if with consent VIII. Anti-Sexual Harassment Act (RA 7877)

Sexual Harassment (Generally) 1. O: any person having authority/influence/moral ascendancy over another in a work/training/education environment 2. A: He demands/requests/requires sexual favor from the other, regardless of whether it is accepted Sexual Harassment (Work-Related/Employment Environment) 1. Sexual favor is a. made as a condition in the hiring/employment/re-employment/continued employment of an individual or in granting of promotions/privileges b. or refusal to grant the sexual favor results in the segregating of the employee in a way that would diminish/deprive/discriminate or otherwise adversely affect said employee.

2. That said acts would impair the employees rights/privileges under existing labor laws or 3. The above acts would result in an intimidating, hostile or offensive environment for the employee. Sexual Harassment (Education/Training Environment) is committed: 1. V: a. One who is under the care, custody, or supervision of the offender. b. One whose education, training, apprenticeship, or tutorship is entrusted to the offender. 2. When the sexual favor is made a condition to the giving of a passing grade/granting of honors and scholarships/the payment of a stipend, allowance/other benefits, privileges/consideration. 3. When the sexual advances result in an intimidating, hostile/offensive environment for the student, trainee, or apprentice. *Any person who induces another to commit sexual harassment/cooperates in the commission thereof. Only applicable in work/education/training environment. The employer/head of office in a work-related, education/training environment is duty bound to prevent/deter acts of sexual harassment and to provide procedures for the resolution of SH: 1. promulgate rules and regulations: guidelines of proper decorum 2.. create sexual harassment committee 3. in educational/training institution: composed of at least 1 rep from the admin, trainors, instructors, professors and students -> Otherwise they may be held liable Independent action for damages may be allowed. IX. Child abuse, exploitation and discrimination act (RA 7610) Punishes: 1. Child Abuse 2. Child Prostitution 3. Child Trafficking 4. Obscene Publications and Indecent Shows 5. Other acts of abuse/neglect/exploitation (coercing children to beg/be drug mules) 6. Child labor Acts that constitute as child abuse: 1. Abuse (physical, psychological, sexual; cruelty/neglect) 2. Degrading acts/words that demeans the intrinsic worth of the child 3. Unreasonable deprivation of basic needs 4. Failure to give medical treatment to a child, causing his death/permanent incapacity/impairment of growth. Child Prostitution: 1. Victim is a child, whether male or female 2. who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group 3. indulge in sexual intercourse or lascivious conduct. Child Trafficking 1. Offender is any person

2. He engages in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter. 3. Qualifying (higher penalty): if child is under 12 Obscene Publications/Indecent Shows: 1. Offender is any person 2. He hires, employs, uses, persuades, induces or coerces a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene publications or pornographic materials or to sell or distribute the said materials 3. Qualifying: below 12, offender is in charge of taking care of the child Child Labor Generally: Children under 15 cannot work Exceptions (all require DOLE permit): 1. Under supervision of parent where only members of the employers family are employed 2. In the entertainment business with contract concluded by parents/guardians and approved by DOLE (exception to exception: ads featuring alcohol/cigarettes) RA 7610 also protects: 1. children in indigenous communities 2. children in war zones (children as zones of peace) Who can file a complaint: 1. offended party 2. parents/guardians 3. ascendants/collateral relatives w/in 3rd degree of consaguinity 4. social worker of any child-caring facility 5. DSWD social workers 6. barangay chairman 7. 3 concerned citizens where violation occurred. Who are punished in Child Prostitution: 1. Those who engage/promote/facilitate/induce prostitution. a. procurers of child prostitutes b. procurers of clients of child prostitutes through written/oral advertisements. (pimps) c. taking advantage of influence/relationship to procure a child prostitute. d. threatening/using violence against a child to induce him/her into prostitution e. giving monetary/pecuniary benefits to induce a child into prostitution. 2. Those who have sex with children. (if child is under 12, Art 335/336 (rape/lascivious conduct) of the RPC will apply; provided penalty for lc will be RT med) 3. Those who derive from profit from establishments provided child prostitution services (even if the license is for a legit business) Attempt to Commit Child Prostitution: 1. When any person who, not being a relative of a child, is found alone with the said child inside the room or cubicle of a house, an inn, hotel, motel, pension house, apartelle or other similar establishments, vessel, vehicle or any other hidden or secluded area under circumstances which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse. 2. When any person is receiving services from a child in a sauna parlor or bath, massage clinic, health club and other similar establishments.

Attempted Child Trafficking: 1. When child travels to another country without a valid reason & without DSWD clearance/valid justification or permit from childs parents or legal guardian. 2. When an person/agency recruits women/couples to bear children to be trafficked. 3. Simulation of birth for the purposes of CT 4.Finding children for the purposes of CT Establishments promoting any of punished acts can also be punished Title Nine Crimes against Liberty and Security I. Detention by private person Art. 267. Kidnapping and serious illegal detention Art. 268. Slight illegal detention Art. 270. Kidnapping and failure to return a minor II. Involuntary servitude Art. 272. Slavery Art. 274. Services rendered under compulsion in payment of debt III.Minors Art. 271. Inducing a minor to abandon his home Art. 276. Abandoning a minor Art. 277. Abandonment of minor by person entrusted with his custody; indifference of parents Art. 273. Exploitation of child labor Art. 278. Exploitation of minors IV. Art. 269. Unlawful arrest

V. Refusal to assist or support victim Art. 275. Abandonment of person in danger and abandonment of one's own victim Art. 279. Additional penalties for other offenses VI. Trespass Art. 280. Qualified trespass to dwelling Art. 281. Other forms of trespass VII. Intimidation of persons Art. 282. Grave threats Art. 283. Light threats Art. 285. Other light threats Art. 286. Grave coercions Art. 287. Light coercions Art. 288. Other similar coercions; (Compulsory purchase of merchandise and payment of wages by means of tokens.) Art. 289. Formation, maintenance and prohibition of combination of capital or labor through violence or threats VIII. Revelation of secrets Art. 290. Discovering secrets through seizure of correspondence Art. 291. Revealing secrets with abuse of office Art. 292. Revelation of industrial secrets

Title Ten Crimes against Property I. Taking without consent a. Robbery Art. 294. Robbery with violence against or intimidation of persons Art. 295. Robbery with physical injuries, committed in an uninhabited place and by a band, or with the use of firearm on a street, road or alley Art. 297. Attempted and frustrated robbery committed under certain circumstances Art. 299. Robbery in an inhabited house or public building or edifice devoted to worship Art. 300. Robbery in an uninhabited place and by a band Art. 302. Robbery is an uninhabited place or in a private building Art. 303. Robbery of cereals, fruits, or firewood in an uninhabited place or private building b. Theft Art. 310. Qualified theft Art. 311. Theft of the property of the National Library and National Museum c. Brigandage Art. 306. Who are brigands Art. 307. Aiding and abetting a band of brigands d. With respect to object of taking Carnapping (RA 6539) O: any person V: another person A: a. Takes motor vehicle of another b. with intent to gain c. without Vs consent d. with or without violence against or intimidation of persons or force upon things QC: owner, driver, occupant of vehicle taken is killed Cattle Rustling (PD 533) Illegal Water and Telephone Connections (PD 401) Addressing Water Crisis (RA8041) Aquatic Resources (RA 8550) Forestry Code PD 705 Illegal Logging (PD 330) e. Place of taking Highway Robbery (PD 532) O: any person V: another person A: a. Seizing of any person for ransom or extortion OR robbery with force upon things or violence and intimidation of persons b. done in any Philippine highway Fencing (PD1612) Art. 304. Possession of picklocks or similar tools

Art. 305. False keys f. Usurpation Art. 312. Occupation of real property or usurpation of real rights in property Art. 313. Altering boundaries or landmarks II. Taking thru Fraud Art. 315. Swindling (estafa) Art. 316. Other forms of swindling Art. 317. Swindling a minor Art. 318. Other deceits BP22 Swindling by syndicate (PD 1689) III. Destruction Art. 320. Destructive arson Art. 321. Other forms of arson Art. 322. Cases of arson not included in the preceding articles Art. 323. Arson of property of small value Art. 324. Crimes involving destruction Art. 325. Burning one's own property as means to commit arson Art. 326. Setting fire to property exclusively owned by the offender Art. 326-A. In cases where death resulted as a consequence of arson PD 1613 RA 5467 IV. Damage Art. 327. PD 1728 Art. 328. Art. 329. Art. 330. Art. 331. Who are liable for malicious mischief Special cases of malicious mischief Other mischiefs Damage and obstruction to means of communication Destroying or damaging statues, public monuments or paintings

Art. 332. Persons exempt from criminal liability Title Eleven Crimes against Chastity I. Marital Infidelity Art. 333. Who are guilty of adultery Art. 334. Concubinage

II. Seduction Art. 337. Qualified seduction Art. 338. Simple seduction Art. 340. Corruption of Minors III. Lascivious Conduct Art. 336. Acts of lasciviousness Art. 339. Acts of lasciviousness with the consent of the offended party IV. Abduction

Art. 342. Forcible abduction Art. 343. Consented abduction V. Art. 341. White Slave Trade Art. 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousness Art. 345. Civil liability of persons guilty of crimes against chastity Art. 346. Liability of ascendants, guardians, teachers, or other persons entrusted with the custody of the offended party Title Twelve Crimes against Civil Status of Persons I. Birth Art. 347. Simulation of births, substitution of one child for another and concealment or abandonment of a legitimate child II. Marriage Art. Art. Art. Art. 349. 350. 351. 352. Bigamy Marriage contracted against provisions of laws Premature marriages Performance of illegal marriage ceremony

III. Civil Status Art. 348. Usurpation of civil status Title Thirteen Crimes against Honor I. Libel Art. 353. Definition of libel Art. 354. Requirement for publicity Art. 355. Libel means by writings or similar means Art. 356. Threatening to publish and offer to present such publication for a compensation Art. 357. Prohibited publication of acts referred to in the course of official proceedings II. Oral Defamation Art. 358. Slander Art. 359. Slander by deed Art. 360. Persons responsible III. Art. 363. Incriminating innocent person IV. Art. 364. Intriguing against honor RA 4200 Anti-Wiretapping Act Title Fourteen Quasi-Offenses Art. 365. Imprudence and negligence

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