Professional Documents
Culture Documents
Vena V. Verga
Criminal Law II Reviewer
Summary of Book II
Crime
114
Treason
Elements
1.
2.
3.
Penalty
Filipino Citizen
RP to death and
a fine not to
exceed P100,000
1.
Alien RT to
death and a fine
not to exceed
P100,000
3.
No complex
crime of treason
with murder,
physical
injuries
5.
Aggravating
Circumstances:
cruelty, ignominy
2.
4.
6.
7.
8.
Art. 64 not
strictly applied to
treason
9.
10.
Gravity of
seriousness of
acts of treason
are considered
11.
12.
13.
14.
15.
16.
1.
2.
116
Misprision of
Treason
1.
2.
3.
117
Espionage
1.
2.
118
Inciting to
War or Giving
Motives
1.
2.
119
Violation of
Neutrality
1.
2.
3.
Vena V. Verga
PM and a fine not
exceeding
P10,000
PC and a fine not
exceeding
P5,000
Accessory to the
crime of treason
1.
2.
PC
Penalty next
higher in degree
shall be imposed
if the offender be
a public officer or
employee.
1.
2.
3.
4.
RT if public
officer or
employee
PM if private
individual
PC
1.
2.
1.
2.
1.
2.
3.
Vena V. Verga
PC
PM
RT if info may be
useful to enemy
RT to death if
intention was to
aid the enemy
121
Flight to
Enemys
Country
1.
2.
3.
4.
Arresto Mayor
122
Piracy in
General and
Mutiny on the
High Seas or
in Philippine
Waters
1.
2.
RP
Same penalty
shall be inflicted
in case of mutiny
on the high seas
or in Philippine
waters
3.
123
Qualified
Piracy
Qualifying Circumstances:
1. Seized vessel by boarding or firing upon the same; or
2. Pirates have abandoned their victims without means of
Special complex
crime punishable
by RP to Death
1.
Correspondence communicating by
means of letters; or it may refer to the
letters which pass between those who have
friendly or business relations
2. Even if correspondence contains innocent
matters, if such has been prohibited by the
government, it is punishable
3. Prohibition by the government is not
essential in paragraphs 1 and 2
4. Qualifying circumstances that must concur
together:
a. The notice or information might be
useful to the enemy
b. The offender intended to aid the enemy
1. An alien resident may be guilty of flight to
enemy country
2. Mere attempt to flee or go to enemy country
consummates crime
3. Article 121 must be implemented by the
Government
1. High Seas any waters on the sea coast
which are without the boundaries of lowwater mark, although such waters may be in
the jurisdictional limits of a foreign
government
2. Piracy Distinguished From Robbery in
High Seas
a. In piracy offender is an outsider; in
robbery, offender is member of crew or
passenger
b. In both, there is intent to gain and
manner of committing the crime is the
same
3. Piracy Distinguished from Mutiny
a. In piracy, the offenders are strangers; in
mutiny, they are members of the crew
or passengers
b. In piracy, intent to gain is essential; in
mutiny, the intention may be to ignore
ships officers or to commit plunder
1. Any person who aids or protects pirates or
abets the commission of piracy shall be
considered as an accomplice
Page 3 of 75
124
Arbitrary
Detention
saving themselves; or
Crime is accompanied by murder, homicide, physical
injuries or rape
regardless of
number of
victims
2.
3.
1.
2.
3.
Not exceeded 3
days A Mayor
in maximum to
PC in minimum
More than 3 less
than 15 days
PC in medium
and maximum
More than 15 not
more than 6
months PM
Exceeded 6 mos.
RT
1.
125
Delay in
Delivery of
Detained
Person to
Proper
Judicial
Authorities
Vena V. Verga
1.
2.
3.
Same as next
preceding
article:
Within 12 hours
for light penalties
Within 18 hours
for corrective
penalties
Within 36 hours
for afflictive or
capital penalties
Legal
Grounds
for
Detention
of
Prisoner:
a. the commission of a crime
b. violent insanity or o the ailment
requiring the compulsory confinement of
the patient in a hospital
2. Arrest without warrant is the usual cause of
arbitrary detention
3. Arrest Without Warrant, When Lawful (Sec.
5 Rule 113)
Personal knowledge is required
A crime must in fact or actually have
been committed
4. There is no reasonable ground if officer only
wants to know the commission of crime
5. There is arbitrary detention thru imprudence
1. If the offender is a private person, the crime
is illegal detention
2. Detention must be for some legal ground
3. Article 125 does not apply when the arrest is
by virtue of a warrant of arrest but must be
a lawful arrest
4. Delivery does not consist in a physical
delivery, but in making an accusation or
charge or filing of an information against
person
5. Duty of the detaining officer is deemed
complied with upon the filing of the
complaint with the judicial authority
6. Provisions of Article 125 may be waived if
person asks for preliminary examination
7. Violation of Article 125 does not affect
legality of confinement under process issued
by a court
8. The illegality of the detention is not cured by
the filing of the information in court
9. Fiscal is not liable, unless he ordered
detention
10. Article 125 distinguished from Article 124
in Art. 124, the detention is illegal from the
Page 4 of 75
126
Delaying
Release
127
Expulsion
128
Violation of
Domicile
Vena V. Verga
hour of arrest
other circumstances (time, etc.)
1.
2.
Same as Article
124
PC
PC in minimum
1.
PC in medium
and maximum if
with Qualifying
circumstances of
nighttime, or if
any papers or
effects not
constituting
evidence of a
crime be not
returned
immediately
2.
3.
4.
5.
Page 5 of 75
Acts Punished:
1. By procuring a search warrant without just cause
a. Offender is a public officer or employee
b. Procures a search warrant
c. There is no just cause
2. By exceeding his authority or by using unnecessary
severity in executing a search warrant legally procured
a. The offender is a public officer or employee
b. He has legally procured a search warrant
c. He exceeds his authority or uses unnecessary severity
in executing the same
Search Warrant an order in writing issued in the name of
the People of the Philippines, signed by a judge and directed
to a peace officer, commanding him to search for personal
property described therein and bring it before the court
Probable Cause such reasons, supported by facts and
circumstances, as will warrant a cautious man in the belief
that his action, and the means taken in prosecuting it, are
legally just and proper
Vena V. Verga
Liability
attaching to
Offender for
commission of
any other
offense (perjury)
and
A Mayor in
maximum to PC
in minimum and
fine not
exceeding
P1,000
1.
2.
3.
4.
5.
6.
7.
130
Searching
Domicile
Without
Witnesses
1.
2.
3.
131
Prohibition,
Interruption,
and
Dissolution of
Peaceful
Meetings
1.
2.
132
Interruption
4.
1.
2.
A Mayor in
medium and
maximum
1.
PC in minimum
1.
2.
2.
3.
4.
5.
PC in minimum
PC in medium
1.
133
Offending the
Religious
Feelings
134
Rebellion or
Insurrection
Vena V. Verga
and maximum if
committed with
violence or
threats
A Mayor in
maximum to PC
in minimum
2.
1.
2.
3.
RP person who
promotes,
maintains or
heads rebellion
or insurrection
RT person
merely
participating or
executing
commands of
others
1.
Vena V. Verga
be absorbed in the rebellion
134-A
Coup detat
1.
2.
3.
4.
136
Conspiracy
and Proposal
to Commit
Coup detat,
Rebellion or
Insurrection
137
Disloyalty of
Public
Officers
1.
2.
138
Inciting to
Rebellion
1.
2.
RT in maximum
person in
government
service who
participates, or
executes
directions or
commands of
others in
undertaking a
coup detat
PM in maximum
person not in
government
service who
participates, or
in any manner
supports,
finances, abets
or aids in
undertaking a
coup detat
PM in minimum
and fine not to
exceed P8,000
PC in maximum
and fine not to
exceed P5,000
PC in medium
and fine not to
exceed P2,000
PC in minimum 1.
2.
PM in minimum
1.
2.
1.
2.
1.
3.
139
Sedition
1.
2.
3.
141
Conspiracy to
Commit
Sedition
142
Inciting to
Sedition
Vena V. Verga
rebellion
The inciting is done by means of speeches, proclamations,
writings, emblems, banners or other representations
tending to the same end
PM in minimum
and a fine not
exceeding
P10,000 for
the leader of
sedition
PC in maximum
and a fine not
exceeding
P5,000 for
other persons
participating
therein
2.
1.
2.
3.
4.
PC in medium
and fine not to
exceed P2,000
Different Acts Punished:
1. Inciting to Sedition to Accomplish any of its Objects:
a. Offender does not take direct part in the crime of
sedition
b. He incites others to the accomplishment of any of the
acts which constitute sedition
c. The inciting is done by means of speeches,
proclamation, writings, emblems, cartoons, banners,
or other representations tending to the same end
2. Uttering seditious words or speeches which tend to disturb
commit rebellion
in proposal, person who proposes has
decided to commit rebellion; in inciting,
it is not required that offender has
decided to commit rebellion
c. in proposal, person who proposes uses
secret motive; in inciting, the act is done
publicly
Rebellion should not be committed
Sedition is the raising of commotions or
disturbances in the state
Sedition Distinguished from Rebellion
a. In both, there must be public
uprising
b. In sedition, it is sufficient that public
uprising is tumultuous; in rebellion,
there must be taking up of arms
against the government
c. In sedition, the purpose of offenders
may be political or social; in
rebellion, it is always political
Sedition distinguished from treason
treason is the violation by a subject of
allegiance to sovereign; sedition is the
raising of commotions or disturbances in the
State
Public uprising and an object of sedition
must concur
Common crimes are not absorbed in sedition
There must be an agreement and a decision
to rise publicly and tumultuously to attain
any of the objects of sedition
There is no proposal to commit sedition
Scurrilous low, vulgar, mean or foul
Uttering seditious words or speeches and
writing, publishing or circulating scurrilous
libels are punishable, when:
a. they tend to disturb or obstruct any
lawful officer in executing the functions
of his office; or
b. they tend to instigate others to cabal
and
meet
together
for
unlawful
purposes; or
b.
PC in maximum
and fine not to
exceed P2,000
5.
1.
2.
1.
2.
Page 9 of 75
3.
143
Acts Tending
to Prevent
the Meeting
of Congress
144
Disturbance
of
Proceedings
of Congress
and Similar
Bodies
145
Violation of
Parliamentar
y Immunity
Vena V. Verga
1.
c.
PC or a fine
ranging from
P200 to P2,000
or both
A Mayor or a fine
of P200 to
P1,000
they
suggest
or
incite
rebellious
conspiracies or riots; or
d. they lead or tend to stir up the people
against the lawful authorities or to
disturb the peace of the community, the
safety and order of the government
3. Knowingly concealing such evil practices is
treated and punished as that of the principal
4. Two rules relative to seditious words:
a. Clear and Present Danger Rule
b. Dangerous Tendency Rule
Chief of police and mayor who prevented the
meeting of the municipal council are liable under
Article 143, when the defect of the meeting is
not manifest and requires an investigation
before its existence can be determined
1.
2.
PM
1.
2.
PC
Page 10 of 75
1.
2.
Vena V. Verga
PC in maximum
to PM in medium
for organizers
or leaders of any
meeting under
this article
A Mayor
unarmed persons
merely present
1.
2.
3.
4.
PC armed
persons merely
present
5.
147
Illegal
Associations
148
Direct
Assaults
PC in minimum
and medium and
a fine not
exceeding
P1,000
founders,
directors, and
presidents
A Mayor mere
members of said
association
PC in medium
and maximum
periods and a
fine not
exceeding
P1,000 when
c.
2.
Vena V. Verga
the assault is
committed with a
weapon or when
the offender is a
public officer or
employee
PC in minimum
period and a fine
not exceeding
P500 no
circumstances
present
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
assault
The force employed NEED NOT be serious
when the offended party is a person in
authority
The intimidation or resistance must be
serious whether the offended party is an
agent only or he is a person in authority
The resist must be grave, therefore it must
be active resistance
Intimidation must produce its effects
immediately
To determine whether a certain public officer
is a person in authority, the powers and
duties vested in him by law should be
determined
The status of person in authority being a
matter of law, ignorance thereof is no
excuse
Functions of the person in authority or his
agent must be clearly shown in the
information
When a person in authority or their agents
descended to mattes which are private in
nature, an attack made by one against the
other is not direct assault
Even if the agent of a person in authority
agrees to fight, it still constitutes direct
assault
If a person in authority or his agent goes
beyond the scope of the respective powers
of public officers, if they are fixed, then they
are considered NOT in the performance of
official duties
Knowledge of the accused that the victim is
a person in authority or his agent is essential
Defendant must have the intention to defy
the authorities
If is not necessary that the person in
authority who was assaulted was ACTUALLLY
performing official duties
Evidence of motive is important when the
person attacked or seriously intimidated is
NOT in the actual performance of his official
Page 12 of 75
Vena V. Verga
149
Indirect
Assaults
150
Disobedience
to Summons
Issued by
Congress, its
Committees,
etc.
151
Resistance
and
Disobedience
to a Person in
Authority or
Agents of
Such Person
duty
17. Where in the commission of direct assault,
serious or less serious physical injuries are
also inflicted, the offender is guilty of the
complex crime of direct assault with serious
or less serious physical injuries
18. the crime of slight physical injuries is
absorbed in direct assault
PC in minimum
and medium
periods and a
fine not
exceeding P500
A Mayor or a fine
ranging from
P200 to P1,000
any person who
having been
summoned
1.
Same penalty
any person who
shall induce
disobedience to a
summons or
refusal to be
sworn by any
such body
4.
A Mayor and a
fine not
exceeding P500
any person
shall resist or
seriously disobey
any person in
authority
Paragraph 1:
1. The juridical conception of the crime of
resistance and disobedience to a person in
authority or his agents consists in a failure
to comply with orders directly issued by the
authorities in the exercise of their official
duties
2. The person in authority must be in the
actual performance of his official duties
3. The disobedience contemplated consists in
the failure or refusal to obey a direct order
A Menor or a fine
ranging from P10
2.
1.
2.
3.
Page 13 of 75
2.
3.
153
Tumults and
Other
Disturbances
of Public
Order
offender
The offender disobeys such agent of a person in authority
Such disobedience is not of a serious nature
Vena V. Verga
to P100
disobedience to
an agent of a
person in
authority is not
of a serious
nature
A Mayor in
medium to PC in
minimum and a
fine not
exceeding
P1,000
Penalty next
higher in Degree
person causing
any disturbance
or interruption of
a tumultuous
character
A Mayor
person who shall
make any outcry
tending to incite
rebellion or
sedition
A Menor and a
fine not to
4.
5.
Paragraph 2:
6. The order must be lawful
7. If the disobedience to an agent of a person
in authority is of a serious nature, the
offender should be punished under par. 1 of
Article 151
8. When the attack or employment of force is
not deliberate, the crime is only resistance
or disobedience
1.
2.
3.
4.
154
Unlawful Use
of Means of
Publication
and Unlawful
Utterances
155
Alarms and
Scandals
Vena V. Verga
exceed P200
bury with pomp
the body of a
person legally
executed
A Mayor and fine
ranging from
P200 to P1,000
crimes
1.
2.
3.
A Menor or a fine
not exceeding
P200
1.
2.
3.
4.
5.
6.
156
1.
A Mayor in
1.
2.
Qualifying Circumstance
What constitutes the qualifying circumstance is the
offenders act of employing bribery as a means of
removing or delivering the prisoner from jail, and not
the offenders act of receiving or agreeing to receive a
bribe as a consideration fro committing the offense
157
Evasion of
Service of
Sentence
158
Evasion on
Occasion of
Disorders
1.
2.
3.
Qualifying Circumstances:
1. by means of unlawful entry (by scaling);
2. by breaking doors, windows, gates, walls, roofs or floors;
3. by using picklocks, false keys, disguise, deceit, violence,
or intimidation; or
4. thru connivance with other convicts or employees of penal
institution
1. The offender is a convict by final judgment, who is
confined in a penal institution
2. There is a disorder, resulting from: conflagration,
earthquake, explosion, similar catastrophe, or mutiny in
which he has not participated
3. The offender evades the service of his sentence by leaving
the penal institution where he is confined, on the occasion
of such disorder or during the mutiny
4. The offender fails to give himself up to the authorities
Vena V. Verga
maximum to PC
in minimum
any person who
shall remove
from any jail any
person confined
therein or shall
help escape of
such person by
means of
violence,
intimidation or
bribery
Same Penalties
in Minimum if
escape should
take place
outside of said
establishment by
taking guards by
surprise
PC in medium
and maximum
escape during
term of
imprisonment
PC in maximum
if it shall take
with any of the
qualifying
circumstances
enumerated
Increase of 1/5
of time still
remaining to be
served under the
original
sentence, which
in no case shall
exceed six
months
2.
3.
4.
5.
6.
7.
8.
1.
2.
3.
4.
5.
1.
2.
3.
4.
final judgment
Hospital or asylum considered as an
extension of jail or prison
Offender is usually an outsider
The guard of the jail, who is off duty, may
be held liable for delivering prisoner from jail
Violence, intimidation or bribery is not
necessary
Employment of deceit is not an element of
the offense
If the crime committed by the prisoner for
which he is confined or serving sentence is
treason, murder or parricide, the act of
taking the place of the prisoner in the prison
is that of an accessory and he may be held
liable as such, because he assists in the
escape of the principal
Prisoner is criminally liable for leaving the
penal institution only when there is evasion
of a sentence
The sentence must be by reason of final
judgment
This article is not applicable to sentence
executed by deportation
Escape flee from, to avoid, to get out of
the way, as to flee to avoid arrest
Article 157 is applicable to sentence of
destierro, since it consists in a deprivation of
liberty
Unlawful entry scaling or climbing the
wall
159
Violation of
Conditional
Pardon
Vena V. Verga
Deduction
provided in
Article 98 if
convict shall give
himself up within
48 hours
PC in minimum
period if
penalty remitted
does not exceed
6 years
Unexpired
Portion of
Original
Sentence if
penalty remitted
is higher than 6
years
5.
1.
2.
3.
4.
5.
6.
7.
160
Commission
of Another
Crime During
Service of
Penalty
Imposed for
Another
Previous
Offense
Quasi-Recidivism
1. The offender was already convicted by final judgment of
one offense
2. He committed a new felony before beginning to serve such
sentence or while serving the same
161
Forging the
Seal of the
Govt,
Signature or
Stamp of the
Acts Punished:
1. Forging the Great Seal of the Government of the
Philippines
2. Forging the signature of the president
3. Forging the stamp of the president
Besides the
provisions of
Rule 5 Article 62,
Maximum of
penalty
prescribed by
law for the new
felony
1.
RT
1.
2.
3.
2.
3.
an increased penalty
If offender gives himself up he is entitle to a
deduction of 1/5th of his sentence
1.
2.
3.
1.
2.
3.
P Mayor
PM in minimum
and medium and
a fine not to
exceed P10,000
silver coin of
Philippines or
coin of CB
PC in minimum
and medium and
a fine not to
exceed P2,000
minor coinage of
the Philippines or
CB
PC in minimum
and a fine not to
exceed P1,000
currency of
foreign country
PC in minimum
and a fine not to
exceed P2,000
1.
164
Mutilation of
Coins
165
Selling of
False or
Mutilated
Coins,
Without
Connivance
Vena V. Verga
Acts Punished:
1. Mutilating coins of the legal currency, with further
requirement that there be intent to damage or to defraud
another
2. Importing or uttering such mutilated coins, with the
further requirement that there must be connivance with
the mutilator or importer in case of uttering
1. Possession of coin, counterfeited or mutilated by another
person, with intent to utter the same, knowing that it is
false or mutilated
a. Possession
b. With intent to utter
c. Knowledge
2. Actually uttering such false or mutilated coins, knowing
the same to be false and mutilated
a. Actually uttering
2.
3.
1.
166
Forging
Treasury or
Bank Notes
or Other
Documents
Payable to
Bearer
b. Knowledge
Acts Punishable:
1. Forging or falsification of treasury or bank notes or other
documents payable to bearer
2. Importation of such false or forged obligations or notes
3. Uttering of such false or forged obligations or notes in
connivance with the forgers or importers
Forging committed by giving to a treasury or bank note or
any instrument payable to bearer or to order the appearance
of a true and genuine document; to forge an instrument is to
make false instrument intended to be passed for the genuine
one
Falsification committed by erasing, substituting,
counterfeiting, or altering by any means, the figures, letters,
words, or signs contained therein
Importation means to bring them into the Philippines,
which presupposes that the obligations or notes are forged or
falsified in a foreign country
Uttering means offering obligations or notes knowing them
to be false or forged, whether such offer is accepted or not,
with a representation, by words or actions, that they are
genuine and with an intent to defraud
167
Counterfeitin
g
Instruments
Not Payable
to Bearer
168
Illegal
Possession
and use of
Vena V. Verga
RT in minimum
and fine not to
exceed P10,000
obligation or
security of
Philippines
P Mayor in
maximum period
and a fine not to
exceed P5,000
circulating note
issued by any
banking
association duly
authorized by
law
P Mayor in
medium and a
fine not to
exceed P5,000
issued by foreign
govt
P Mayor in
minimum and a
fine not to
exceed P2,000
circulating note
or bill issued by
foreign bank duly
authorized
therefore
PC in medium
and maximum
and a fine not to
exceed P6,000
1.
2.
3.
4.
5.
1.
2.
3.
Penalty next
lower in degree
than that
prescribed in
1.
2.
3.
170
Falsification
of Legislative
Documents
171
Falsification
by Public
Officer,
Employee, or
Notary or
Ecclesiastical
Minister
2.
3.
1.
2.
3.
4.
1.
2.
3.
Vena V. Verga
person
The offender knows that any of those instruments is
forged or falsified
He performs any of these acts:
a. using any of such forged or falsified instruments
b. possessing with intent to use any of such forged or
falsified instruments
said articles
PC in maximum
and a fine not to
exceed P6,000
1.
2.
3.
P Mayor and a
fine not to
exceed P5,000
first paragraph
1.
4.
5.
Same penalty
ecclesiastical
minister
2.
3.
4.
imitating
any
handwriting, signature or rubric
b. Feigning simulating a signature,
handwriting or rubric out of one which
does not in fact exist
Paragraph 2 when committed by a private
individual, Article 172 should apply
Paragraph 4
a. There must be a narration of facts, not
of conclusion of law
b. Legal Obligation there is a law
requiring the disclosure of the truth of
the facts narrated
c. Person making the narration of facts
must be aware of the falsity of the facts
narrated by him
d. Perversion of truth must be made with
the wrongful intent of injuring 3rd person
e. Wrongful intent not essential when the
document falsified is a public document
f. Good faith is a defense
g. Falsification by omission is punishable
Page 20 of 75
Vena V. Verga
5.
6.
iii.
172
Falsification
by Private
Individuals
and use of
Falsified
Documents
1.
PC in medium
and maximum
and a fine of not
more than
P5,000
Paragraph 1
1. Four Kinds of Documents
a. Public Document created, executed or
issued by a public official in response to
exigencies of public service, or in
execution of which a
public official
intervened
b. Official Document issued by a public
official in exercise of the functions of his
office
c. Private Documents deed or instrument
Page 21 of 75
2.
3.
Vena V. Verga
executed by a private person without the
intervention of notary public or other
person legally authorized, by which
document
some
disposition
or
agreement is proved, evidenced or set
forth
d. Commercial Documents defined and
regulated by the Code of Commerce or
any other commercial law
2. Mere blank form of official document is not
in itself a document
3. Possessor of a certificate of tile is presumed
to be the author of the falsification that
made possible the transfer of title
4. Possessor of falsified document is presumed
to be author of falsification
5. Good faith is a defense
Paragraph 2
1. Mere falsification is not enough; requires:
a. he must have counterfeited the false
document
b. he must have performed an independent
act which operates to prejudice 3rd
person
2. Damage need not be material
3. not necessary that offender profited or hope
to profit by falsification
4. Falsification may be a necessary means to
commit other crimes
a. no complex crime of estafa thru
falsification of private document
b. no falsification thru reckless imprudence
if document is private and no actual
damage is caused
c. crime is falsification of public document,
even if falsification took place before the
private document becomes part of public
records
Generally, falsification has no attempted or
frustrated stage
Paragraph 3
1. Damage not necessary in crime of
introducing in judicial proceedings; Intent to
Page 22 of 75
Vena V. Verga
2.
173
Falsification
of Wireless,
Cable,
Telegraph
and
Telephone
Messages
174
Falsification
of Medical
Certificates,
Certificates
of Merit or
Service
175
Using False
Certificates
Acts Punishable
1. Uttering fictitious wireless, telegraph or telephone
message
a. That the offender is an officer or employee of the
government or of a private corporation, engaged in
the service of sending or receiving wireless, cable or
telephone message
b. That the offender commits any of the following acts:
i. uttering fictitious wireless, cable, telegraph or
telephone message
ii. falsifying wireless, cable, telegraph or telephone
message
2. Falsifying wireless, telegraph or telephone message
* same as above
3. Using such falsified message
a. that the accused knew that wireless, cable, telegraph,
or telephone message was falsified by any of the
person specified in the 1st paragraph of Article 173
b. that the accused used such falsified dispatch
c. that the use of the falsified dispatch resulted in the
prejudice of a 3rd party, or that the use thereof was
with intent to cause such prejudice
Persons Liable:
1. Physician or Surgeon must refer to illness or injury of a
person; called False Medical Certificate by a Physician
2. Public Officer includes merit,, service, good conduct or
similar circumstances; called False Certificate of Merit or
Service by a Public Officer
3. Private Individual False Medical Certificate by a Private
Individual or False Certificate of Merit by a Private
Individual
1. That the physician or surgeon had issued a false medical
certificate, or a public officer had issued a false certificate
of merit or service, good conduce or similar circumstance,
or a private person had falsified any of said certificates
2. that the offender knew that the certificate was false
PC in medium
and maximum
falsification
Penalty next
lower in degree
use of such
falsified dispatch
1.
A Mayor in
Maximum to PC
in minimum and
a fine not to
exceed P1,000
1.
2.
2.
A Mayor
A Menor
Page 23 of 75
176
Mnftg and
Possession of
Implements
for
Falsification
177
Usurpation of
Authority or
Official
Functions
178
Using
Fictitious
Name and
Concealing
True Name
Vena V. Verga
PC in medium
and maximum
and a fine not to
exceed P10,000
Penalty next
lower in degree
1.
PC in minimum
and medium
periods
1.
A Mayor and a
fine not to
exceed P500
use of fictitious
name
2.
2.
3.
4.
5.
6.
7.
1.
2.
3.
A Menor and a
fine not to
exceed P200
conceal true
name
4.
5.
2.
179
Illegal Use of
Uniforms or
Insignia
1.
2.
3.
180
False
Testimony
Against a
Defendant
1.
2.
3.
4.
182
False
Testimony in
Civil Cases
1.
2.
3.
Vena V. Verga
A Mayor
1.
2.
RT if the
defendant shall
have been
sentenced to
death
PM if defendant
shall have been
sentenced to RT
or Perpetua
A Mayor if
defendant shall
have been
sentenced to
correctional
penalty or a fine,
or shall have
been acquitted
1.
A Mayor in max
to PC in
minimum and a
fine not to
exceed P1,000
if prosecution is
for a felony
punishable by an
afflictive penalty
A Mayor in any
other case
PC in minimum
and a fine not to
exceed P6,000
1.
2.
3.
4.
2.
3.
1.
2.
183
False
Testimony in
Other Cases
and Perjury
in Solemn
Affirmation
1.
2.
Vena V. Verga
A Mayor in max
to PC in
minimum and
fine not to
exceed P1,000
3.
A Mayor in
maximum to PC
in minimum
1.
2.
3.
4.
5.
6.
7.
8.
9.
184
Offering
False
Testimony in
Evidence
1.
2.
3.
Vena V. Verga
Respective
penalties
provided in this
section
1.
186
Monopolies
and
Combinations
in Restraint
of Trade
1.
PC in minimum
period and a fine
ranging from
10% to 50% of
the value of the
thing auctioned
1.
2.
3.
4.
5.
PC in minimum
or a fine ranging
from P200 to
P6,000, or both
1.
2.
3.
4.
Vena V. Verga
3.
187
Importation
and
Disposition of
Falsely
Marked
Articles
188
Substituting
and Altering
Trademarks,
Trade
names, or
Service
marks
5.
PC or a fine
ranging from
P200 to P1,000
1.
2.
3.
PC in minimum
or a fine ranging
from P500 to
P2,000 or both
1.
2.
3.
4.
5.
Vena V. Verga
189
Unfair
Competition,
Fraudulent
Registration
of Trade
Name,
trademark, or
service mark,
Fraudulent
designation
of Origin, and
False
Description
Acts Punished:
1. By selling his goods, giving them the general appearance
of the goods of another manufacturer or dealer (Unfair
Competition)
a. That the offender gives his goods the general
appearance of the goods of another manufacturer or
dealer
b. That the general appearance is shown in the (a) goods
themselves, or in the (b) wrapping of their packages,
or in the (c) device or words therein, or (d) any other
feature of their appearance
c. That the offender offers to sell(s) those goods or gives
other persons a chance or opportunity to do the same
with a like purpose
d. That there is actual intent to deceive public or defraud
a competitor
2. By (a) affixing to his goods or using in connection with his
services a false designation of origin, or any false
description or representation, and (b) by selling such
goods and services
3. By procuring fraudulently from the patent office the
registration of trade name, trademark, or service mark
Smuggling or Illegal Importation:
requisites:
1. that the merchandise must have been fraudulently or
knowingly imported contrary to law
2. that the defendant, if he is not the importer himself, must
have received, concealed, bought, sold or in any manner
facilitated the transportation, concealment or sale of the
merchandise
3. that the defendant must be shown to have knowledge that
the merchandise had been illegally imported
7.
8.
9.
Penalty provided
for in the next
preceding article
1.
2.
3.
4.
5.
6.
Vena V. Verga
c.
7.
Repealed by Dangerous Drugs Act of 1972
Amended by PD 1602 Prescribing Stiffer Penalties in Illegal
Gambling
196
Acts Punished:
Importation, 1. By importing into the Philippines from any foreign place or
sale and
port any lottery ticket or advertisement
Possession of 2. By selling or distributing the name in connivance with the
Lottery
importer
Tickets or
3. By possessing, knowingly and with intent to use, lottery
Ads
tickets or advertisements
4. By selling or distributing the same without connivance with
the importer
190 194
195 199
197
198
Illegal
Betting on
Horse Races
A Mayor in
maximum to PC
in minimum or a
fine ranging from
P200 to P2,000,
or both
importation or
selling and
distributing
A Menor or fine
not exceeding
P2,000 or both
possessing
1.
A Menor or fine
not exceeding
P200, or both
1.
2.
3.
4.
2.
4.
A Mayor or a fine
from P200 to
P2,000, or both
2.
3.
Page 30 of 75
200
Grave
Scandal
201
Immoral
Doctrines,
Obscene
Publications
and
Exhibitions,
and Indecent
Shows
Vena V. Verga
A Menor or a fine
not exceeding
P200 or both
1.
A Mayor and
Public Censure
1.
Publicity is essential
PM or a fine
ranging from
P6,000 to
P12,000 or both
2.
2.
3.
4.
1.
2.
3.
4.
5.
6.
7.
8.
established
usage,
social
conventions carried on by tradition and
enforced by social disapproval of any
violation thereof
If the act(s) of the offender are punished
under another article of this code, Article
200 is not applicable
The acts must be performed in a public place
or within the public knowledge or view
The author of obscene literature is liable
only when it is published with his knowledge
In every case, the editor publishing is liable
The test of obscenity is whether the
tendency of the matter charged as obscene
is to deprave or corrupt those minds are
open to such immoral influences, an d into
who shads such a publication may fall and
also whether or not such publication or act
shocks the ordinary and common sense of
men as an indecency
Mere nudity in pictures or paintings is not an
obscenity
Give Away should be read as distribute
Pictures with slight degree of obscenity not
used for arts sake but for commercial
purposes, fall under this Article
The object of the law is to protect the morals
of the public
Disposition of articles to be forfeited in
favor of the government
Page 31 of 75
203
Who are
Public
Officers
Vagrants:
1. Any person having no apparent means of subsistence, who
has physical ability to work and who neglects to apply
himself to some lawful calling
2. Any person found loitering about public or semi-public
buildings or places, or tramping or wandering about the
country or the streets without visible means of support
3. Any idle or dissolute person who lodges in houses of illfame; ruffians or pimps and those who habitually
associate with prostitutes
4. Any person who, not being included in the provision of
other articles of this Code, shall be found loitering in any
inhabited or uninhabited place belonging to another
without any lawful or justifiable purpose
Prostitute a woman who, for money or profit, habitually
indulge in sexual intercourse or lascivious conduct
1.
2.
204
Knowingly
Rendering
Unjust
Judgment
1.
2.
3.
4.
Misfeasance
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer
Vena V. Verga
A Menor or a fine
not exceeding
P200
1.
In case of
recidivism, A
Mayor in medium
to PC in
minimum or a
fine from P200 to
P2,000 or both
3.
2.
4.
5.
6.
7.
PM and Perpetual
Absolute
Disqualification
(PAD)
1.
2.
Judgment
final
consideration
and
determination of a court of competent
jurisdiction upon the matters submitted to it,
in an action or proceeding
Unjust Judgment one which is contrary to
law, or is not supported by the evidence, or
both
Page 32 of 75
Vena V. Verga
3.
4.
Malfeasance
performance of an act which ought NOT to be done
Nonfeasance
omission of some act which ought to be performed
5.
6.
7.
205
Rendering
Judgment
Thru
Negligence
1.
2.
206
Rendering
Unjust
Interlocutory
Order
1.
2.
207
Malicious
Delay in the
Admin of
Justice
208
Dereliction of
Duty in
Prosecution
of Offenses
A Mayor and
Temporary
Special
Disqualification
(TSD)
1.
A Mayor in
minimum and
Suspension
1.
That
That
That
That
PC in minimum
Acts Punishable:
1. By maliciously refraining from institution prosecution
against violators of the law
2. By maliciously tolerating the commission of offenses
PC in minimum
period and
suspension
3.
4.
1.
2.
3.
4.
Elements:
1. That the offender is a public officer or officer of the law
who has a duty to cause the prosecution of, or to
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer
Suspension
2.
2.
1.
2.
1.
2.
3.
2.
Vena V. Verga
prosecute, offenses
That there is dereliction of the duties of his office; that is,
knowing the commission of the crime, he does not cause
the prosecution of the criminal or knowing that a crime is
about to be committed, he tolerates its commission
209
Betrayal of
Trust by an
Attorney or
Solicitor
Acts Punished:
1. By causing damage to his client, either (a) by any
malicious breach of professional duty, (b) by inexcusable
negligence or ignorance
2. By revealing any of the secrets of his client learned by him
in his professional capacity
3. By undertaking the defense of the opposing party in the
same case, without the consent of his first client, after
having undertaken the defense of said first client or after
having received confidential information from said client
In addition to
proper
administrative
action, PC in
minimum or a
fine ranging
P200 P1,000
210
Direct
Bribery
PM in medium
and maximum
and fine of not
less than value
of gift and not
less than 3x
value of gift, in
addition to the
penalty
corresponding to
crime agreed
upon and Special
Temporary
Disqualification
(STD) if the
same crime
should have
been committed
and if the act
does not
constitute a
crime and officer
executed the act
2.
3.
Elements:
1. That the offender be a public officer within scope of Article
203
2. That the offender accepts an offer or a promise or receives
a gift or present by himself or thru another
3. That such offer or promise be accepted, or gift or present
received by the public officer:
a. with a view to committing some crime; or
b. in consideration of the execution of an act which does
not constitute a crime, but the act must be unjust
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer
Vena V. Verga
211
Indirect
Bribery
1.
2.
3.
211-A
Qualified
Bribery
1.
2.
PC in medium
and fine of not
less than 2x
value of gift and
STD if act shall
not have been
accomplished
A Mayor,
suspension in
minimum and
medium and
public censure
No attempted or
frustrated
indirect bribery
4.
5.
6.
paragraph
In 2nd paragraph, the gift must be
ACCEPTED
If the offer is not accepted, only the person
offering the gift is criminally liable
The gift must have a value or be capable of
pecuniary estimation
Third Element:
1. The act which the public officer agrees to
perform must be connected with the
performance of official duties
2. It is not bribery if the act is in discharge of a
mere moral duty
3. The fact that the act agreed to be performed
is in excess of his power, jurisdiction, or
authority is no defense, EXCEPT: if act is so
foreign to duties of office as to lack even
color of authority
4. In bribery, the gift or present must be given
to the public officer to corrupt him
1. The gift is usually given to the public officer
in anticipation of future favor from the public
officer
2. There must be a clear intention on the part
of the public officer to take the gift so
offered and consider the same as his own
property
3. Mere physical receipt unaccompanied by any
other sign, circumstance or act to show such
acceptance is NOT sufficient to lead the
court to conclude that the crime of indirect
bribery has been committed
4. People vs. Pamplona (pg. 361) considered
indirect bribery even if there was a sort of
agreement between public officer and giver;
reason: the act executed by the accused
was NOT unjust, therefore it cannot be
direct bribery
Penalty for
offense which
was not
prosecuted
Page 35 of 75
3.
212
Corruption of
Public
Officials
213
Frauds
Against the
Public
Treasury and
Similar
Offenses
and/or death
That the offender refrains from arresting or prosecuting
the offender in consideration of any promise, gift or
present
1.
Vena V. Verga
first paragraph
Penalty of death
if it is the
public officer
who asks or
demands such
gift or present
Same penalties
imposed upon
officer corrupted
except
disqualification
and suspension
PC medium to
PM minimum, or
a fine ranging
from P200 to
P10,000, or both
Provisions of
Administrative
Code when
culprit is an
officer or
employee of BIR
or BOC
1.
2.
3.
1.
2.
3.
4.
5.
6.
7.
8.
9.
214
Other Frauds
215
Prohibited
Transactions
1.
2.
3.
4.
Vena V. Verga
b.
1.
PC minimum or a
fine ranging from
P200 to P1,000,
or both
1.
217
Malversation
of Public
3.
2.
3.
2.
4.
5.
A Mayor medium
period to PC
minimum period,
or a fine ranging
from P200 to
P1,000, or both
1.
2.
PC in medium
and maximum
if amount does
1.
3.
1.
2.
3.
4.
Vena V. Verga
not exceed P200
2.
PM minimum and
medium if
amount is more
than P200 by not
exceeding
P6,000
3.
4.
5.
PM maximum to
RT minimum, if
amount more
than P6,000 but
less than
P12,000
6.
RT medium and
maximum, if
amount more
than P12,000 but
less than
P22,000
7.
8.
RT maximum to
RP if amount
exceeds P22,000
9.
10.
11.
12.
13.
14.
15.
16.
218
Failure of
Accountable
Officer to
Render
Accounts
1.
2.
3.
4.
219
Failure to
Render
Accounts
before
Leaving the
Country
1.
2.
220
Illegal Use of
Public Funds
or Property
1.
2.
3.
3.
4.
Vena V. Verga
17. Borrowing money to replace funds when
missing amount is found in some
unaccustomed place, he is NOT liable
18. Previous demand is not necessary in
malversation in spite of last paragraph of
Article 217
19. A person whose negligence made possible
the commission of malversation by another
can be held liable as principle by
indispensable cooperation in complex crime
of malversation thru falsification of a public
document by reckless negligence
20. Damage to the government is NOT
necessary
1. Demand for accounting is not necessary
2. Reason why Mere Failure to Render Account
is Punishable: performance of the duty
3. Misappropriation is not necessary in order to
be liable under this article
PC in minimum,
or fine ranging
from P200 to
P6,000, or both
A Mayor or fine
ranging from
P200 to P1,000,
or both
PC minimum or a
fine ranging from
to total value
of sum
misapplied, with
TSD if damage
or
embarrassment
resulted
1.
2.
Vena V. Verga
no damage or
embarrassment
resulted
221
Failure to
Make
Delivery of
Public Funds
or Property
222
Officers
Included in
the Preceding
Provisions
223
Conniving
with or
Consenting to
Evasion
Acts Punishable:
1. By failing to make payment by public officer who is under
obligation to make such payment from Government funds
in his possession
2. By refusing to make delivery by a public officer who had
been ordered by competent authority to deliver any
property in his custody or under his administration
Elements of Failure to Make Payment:
1. That the public officer has government funds in his
possession
2. That he is under obligation to make payment from such
funds
3. That he fails to make the payment maliciously
Private Individuals Who May be Liable from Arts. 217221:
1. Private individuals who, in any capacity whatever, have
charge of any national, provincial or municipal funds,
revenue, or property
2. Administrator or depository of funds or property, attached,
seized or deposited by pubic authority, even if such
property belongs to a private individual
1.
2.
c.
Under 2nd
paragraph, Fine
shall be
graduated by
value to thing,
provided that it
shall not be less
than P50
Provisions of this
chapter shall
apply
1.
2.
3.
4.
PC medium and
maximum and
TSD maximum to
PSD sentenced
by final
judgment to any
penalty
PC minimum and
TSD fugitive
not finally
convicted but
only held as
detention
prisoner
1.
2.
3.
4.
5.
1.
2.
3.
Vena V. Verga
A Mayor
maximum to PC
minimum and
TSD
1.
2.
3.
4.
1.
2.
3.
4.
Penalty next
lower in degree
than that
prescribed for
the public officer
1.
3.
227
Officer
Breaking Seal
228
Opening of
Closed
Documents
1.
2.
3.
PC minimum and
medium, TSD
and fine not
exceeding
P2,000
A Mayor, TSD
and fine not
exceeding
P2,000
Elements of No. 1:
1. That the offender is a public officer
2. That he knows a secret by reason of his official capacity
3. That he reveals such secret without authority or justifiable
reasons
4. That damage, great or small, be cause to the public
interest
PC medium and
maximum, PSD,
and fine not
exceeding
P2,000 serious
damage
4.
1.
2.
3.
4.
229
Revelation of
Secrets by an
Officer
Elements of No. 2:
1. That the offender is a public officer
2. That he has charge of papers
3. That those papers should not be published
4. That he delivers those papers or copies thereof to a 3rd
person
5. That the delivery is wrongful
6. That damage be caused to public interest
230
Public Officer
Revealing
Secrets of
Private
Individual
Vena V. Verga
PC minimum,
TSD, and fine
not exceeding
P500 not so
serious
1.
2.
3.
1.
2.
3.
4.
232
Disobedience
to Order of
Superior
Officer, When
Said Order
was
Suspended
by Inferior
Officer
233
Refusal of
Assistance
1.
2.
3.
4.
5.
1.
2.
3.
234
Refusal to
Discharge
Elective
Office
1.
2.
3.
Vena V. Verga
A Mayor medium
to PC minimum,
TSD maximum,
and fine not
exceeding
P1,000
PC minimum and
medium and PSD
1.
A Mayor medium
to PC minimum,
PSD and fine not
exceeding
P1,000 serious
damage
2.
A Mayor medium
and maximum,
fine not
exceeding P500
not so serious
damage
A Mayor or fine
not exceeding
P1,000 or both
1.
2.
1.
2.
3.
Page 43 of 75
236
Anticipation
of Duties of
Public Office
1.
2.
3.
1.
2.
3.
237
Prolonging
Performance
of Duties and
Powers
238
Abandonmen
t of Office or
Position
4.
1.
2.
3.
1.
2.
3.
4.
i.
by the imposition of punishments not authorized
by the regulations, or
ii.
by inflicting such punishments (those authorized)
in a cruel and humiliating manner
b. By maltreating such prisoner to extort a confession or
to obtain some information from the prisoner
Qualifying Circumstance:
preventing, prosecuting or punishing any of the crimes
falling within Title One, and Chapter One of Title 3 of
Book 2 (Crimes against National Security and Law of
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer
Vena V. Verga
PC medium
period to PM in
minimum, in
addition to
liability for
physical injuries
or damages
caused under
paragraph 1
PM in minimum,
TSD and fine not
exceeding
P6,000, in
addition to
liability for
physical injuries
or damage
caused
Suspended until
complied with
formalities and
fine from P200P500
1.
2.
3.
4.
5.
6.
7.
PC minimum,
TSD minimum,
and fine not
exceeding P500
A Mayor to
detriment of
public service
1.
PC minimum and
medium, and A
Mayor if to
evade duty of
preventing,
prosecuting or
2.
239
Usurpation of
Legislative
Powers
240
Usurpation of
Executive
Functions
241
Usurpation of
Judicial
Functions
1.
2.
242
Disobeying
Request for
Disqualificati
on
1.
2.
3.
1.
2.
1.
2.
4.
243
Orders or
Requests by
Executive
Officer to any
Judicial
Authority
244
Unlawful
Appointment
s
1.
2.
245
Abuses
Against
Chastity
1.
2.
3.
1.
2.
3.
4.
3.
Vena V. Verga
punishing
PC minimum,
TSD, and fine
not exceeding
P1,000
A Mayor in
medium period
to PC in
minimum period
A Mayor medium
to PC minimum
A Mayor, and
fine note
exceeding P500
1.
A Mayor and a
fine not
exceeding
P1,000
1.
PC medium and
maximum and
TSD
1.
2.
2.
3.
2.
3.
4.
246
Parricide
1.
2.
3.
Vena V. Verga
RP to Death
1.
2.
3.
4.
5.
6.
Note:
1. Other ascendants or descendants must be legitimate
2. Father, mother, or child may be legitimate or illegitimate
7.
8.
247
Death or
Physical
Injuries
Inflicted
Under
Exceptional
Circumstances
1.
2.
* Note:
This article does
not define and
penalize a
penalty
3.
Destierro if
accused killed or
inflicted serious
physical injuries
on spouse or
other person
Exempt from
punishment if
inflicted physical
injuries of any
kind
* Note:
- Justification for this article: burst of passion
Destierro is
intended to
protect spouse
from reprisals by
3.
1.
2.
4.
5.
6.
7.
8.
9.
Vena V. Verga
relatives of
deceased spouse
248
Murder
1.
2.
3.
4.
249
Homicide
RP to Death
RT
continuous act
10. The killing must be the direct by-product of
the accuseds rage
11. The killing of the spouse by accused must be
by reason of having surprised her in the act
of sexual intercourse with another person
12. Article 247 applies only when spouse
surprises other spouse in flagrant adultery
13. No criminal liability if physical injuries are
less serious or slight
14. Accused cannot be held liable for injuries
sustained by 3rd persons as a result thereof,
since he was NOT committing a felony
1. The offender must have intent to kill to be
liable for murder committed by means of
fire, or other means enumerated in par. 3 of
Article 248
2. Killing a person with treachery is murder
even if there is no intent to kill
3. Rules for application of the circumstances
which qualify the killing to murder:
a. Murder will exist with only one of the
circumstances described in Article 248
b. When the other circumstances are
absorbed or included in one qualifying
circumstance, they cannot be considered
as generic aggravating
c. Any of the qualifying circumstances
enumerated in Article 248 must be
ALLEGED in the information
4. Treachery and premeditation are inherent in
murder by poison
5. When the intention of accused was merely to
sexually excite a woman, and not to kill her,
the crime is homicide
6. Outraging commit an extremely vicious or
deeply insulting act
7. Scoffing jeer, and implies a showing of
irreverence
1.
Vena V. Verga
2.
3.
4.
5.
6.
7.
8.
9.
1.
2.
3.
Attempted Parricide, Murder or Homicide Penalty lower
by one under provisions of Article 51
251
Death Caused
in
Tumultuous
Affray
1.
2.
3.
4.
5.
6.
4.
PM in case of
death of victim,
though it cannot
be ascertained
who killed him, if
person who
inflicted serious
physical injuries
can be identified
PC in medium
and maximum
all those who
used violence
upon victim
1.
2.
3.
4.
Page 48 of 75
Vena V. Verga
253
Giving
Assistance to
Suicide
1.
2.
3.
4.
1st paragraph
Penalty next
lower in degree
than that
provided for the
physical injuries
so inflicted
2nd Paragraph
A Mayor from 5
to 15 days
PM any person
who shall assist
another to
commit suicide
1.
2.
3.
4.
1.
2.
RT lending
assistance to the
extent of doing
the killing
himself
3.
A Mayor medium
and maximum
if suicide is not
consummated
5.
4.
6.
7.
254
Discharge of
Firearms
1.
2.
PC minimum and
medium any
person who shall
shoot at another
firearm unless
frustrated or
attempted
parricide, murder
or homicide, or
any other crime
for which a
1.
2.
3.
4.
5.
Vena V. Verga
higher penalty is
prescribed by
articles of this
code
6.
7.
8.
255
Infanticide
1.
2.
3.
Penalty provided
for parricide (Art.
246) and Murder
(Art. 248)
PM medium and
maximum if
committed by
the mother of
child for
purposes of
concealing
dishonor
1.
2.
3.
4.
RT if crime
committed for
same purpose by
maternal
grandparents or
either of them
256
Intentional
Abortion
RT if he shall
use any violence
upon the person
of the pregnant
woman
PM if, without
using violence,
he shall act
without the
consent of the
woman
5.
6.
1.
2.
257
Unintentional
Abortion
4.
1.
2.
3.
4.
Vena V. Verga
PC medium and
maximum if
woman shall
have consented
PC minimum and
medium
1.
2.
3.
4.
* Note:
- Violence is actual physical force
5.
6.
7.
258
Abortion
Practiced by
the Woman
Herself or by
her Parents
259
Abortion
Practiced by
a Physician
or Midwife
1.
2.
3.
PC medium and
maximum
woman who
practices
abortion on
herself; parents
of woman or
either of them to
conceal dishonor
1.
2.
3.
PC minimum and
medium any
woman who does
it to conceal
dishonor
Penalties
provided for in
Article 256 in
maximum period
who takes
1.
2.
4.
260
Duel
261
Challenging
to Duel
262
Mutilation
Vena V. Verga
advantage of
scientific
knowledge or
skill
3.
4.
A Mayor and a
fine not
exceeding
P1,000
pharmacist
RT if he should
kill his adversary
1.
2.
Penalty provided
therefore,
according to
their nature in
case of physical
injuries
A Mayor
combatants,
although no
physical injuries
have been
inflicted
PC minimum
RT to RP
essential organ
for reproduction
PM medium and
maximum
other mutilation
3.
preservation
It is not necessary that the pharmacist
knows that the abortive would be used to
cause an abortion
What is punished is the act of dispensing
abortive; its not necessary that the abortive
be actually used
1.
2.
3.
4.
5.
Vena V. Verga
PM under no. 1
1.
PC medium and
maximum
under no. 2
2.
3.
4.
PC minimum and
medium under
no. 3
5.
A Mayor
maximum to PC
minimum
under no. 4
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Page 53 of 75
1.
2.
3.
Vena V. Verga
Penalties
established by
the next
preceding article
1.
2.
3.
4.
265
Less Serious
Physical
Injuries
266
Slight
Physical
Injuries and
Maltreatment
266-A
Rape
266-B
Penalties
Fine not
exceeding P500
in addition to A
Mayor 2nd
paragraph
A Menor par 1
A Menor or fine
not exceeding
P200 par 2
A Menor
minimum or fine
not exceeding
P50 - par 3
1.
Rape committed
under any of the
4 Circumstances:
a. Par. 1 RP
b. Par. 2 PM
1.
2.
Rape committed
with use of
deadly weapon
or by 2 or more
persons:
a. Par. 1 RP
5.
PC in minimum
and medium
paragraph 3
1.
2.
3.
4.
2.
3.
4.
6.
7.
Paragraph 2:
1. Offender commits an act of sexual assault
2. That the act of sexual assault is committed by any of the
following means:
a. by inserting his penis into another persons mouth or
anal orifice; or
b. by inserting any instrument or object into the genital
or anal orifice of another person
3. That the sexual act is accomplished under the
circumstances mentioned in paragraph 1
Qualifying Circumstances:
1. When by reason or on occasion of the rape, a homicide is
committed
2. When victim is under 18 and offender is parent,
ascendant, stepparent, guardian, relative by consanguinity
or affinity within 3rd civil degree, or common-law spouse of
the parent of victim
3. When the victim is under the custody of the police or
military authorities or any law enforcement or penal
institution
4. When the rape is committed in full view of the husband,
parent, any of the children or other relatives within the 3rd
civil degree of consanguinity
5. When the victim is a religious engaged in legitimate
religious vocation or calling and is personally known to be
such by the offender before or at the time of the
commission of the crime
6. When the victim is a child below 7 years of age.
7. When the offender knows that he is afflicted with
HIV/AIDS or any other sexually transmissible disease and
the virus or disease is transmitted to the victim.
8. When committed by any member of AFP or paramilitary
units thereof or the PNP or any law enforcement agency or
penal institution, when the offender took advantage of his
position to facilitate the commission of the crime
9. When by reason or on the occasion of the rape, the victim
has suffered permanent physical mutilation or disability
10. When the offender knew of the pregnancy of the offended
party at the time of the commission of the crime
11. When the offender knew of the mental disability,
emotional disorder and/or physical handicap of the
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer
Vena V. Verga
b.
to death
Par. 2 PM
to RT
8.
9.
Rape where
victim becomes
insane:
a. Par. 1 RP
to death
b. Par. 2 RT
Attempted Rape
and Homicide:
a. Par. 1 RP
to death
b. Par. 2 RT
to RP
10.
11.
12.
13.
Rape with
Homicide:
a. Par. 1
death
b. Par. 2 RP
14.
Rape with
Aggravating
Circumstances:
a. Par. 1
death
b. Par. 2 - RT
17.
15.
16.
18.
19.
20.
21.
Page 55 of 75
Vena V. Verga
1.
2.
1.
2.
3.
266-D
Presumptions
1.
2.
267
Kidnapping
and Serious
Illegal
Detention
1.
2.
3.
4.
RP to Death
any of the 4
circumstances
Death purpose
of extorting
ransom
Maximum
penalty if
victim is killed or
dies, or raped or
subject to
torture or
dehumanizing
acts
1.
2.
268
Slight Illegal
Detention
1.
2.
3.
4.
269
Unlawful
Arrest
1.
2.
3.
Vena V. Verga
ground
Illegal Detention is a crime against personal liberty and
security; Arbitrary Detention is a crime against the
fundamental law of the State
That the offender is a private individual
That he kidnaps or detains another, or in any other
manner deprives him of his liberty
That the act of kidnapping or detention is illegal
That the crime is committed without the attendance of any
of the circumstances enumerated in Article 267
RT offender
and person who
furnished place
for perpetration
of crime
PM minimum and
medium and a
fine not
exceeding P700
voluntary
release
A Mayor and a
fine note
exceeding P500
270
Kidnapping
and Failure to
Return a
Minor
271
Inducing a
Minor to
Abandon His
1.
2.
RP
A Mayor or a fine
not exceeding
P300 or both
when the crime
is committed by
father or mother
from captivity
13. Conspiracy to extort ransom makes all
conspirators liable under the 2nd paragraph,
including those who did not take any part of
the money
1. Participation of accomplice in furnishing
place is raised to that of a real co- principal
2. Privileged mitigating circumstance in slight
illegal detention:
a. Voluntarily releases person so kidnapped
or detained within 3 days from
commencement of detention
b. Without having attained purpose
intended
c. Before the institution of criminal
proceedings against him
1. The offender is any person, whether a public
officer or a private individual
2. There is no unlawful arrest when the arrest
is authorized by a warrant issued by the
court
3. Distinguished from Article 125:
a. Article 126 detention is for legal
grounds; in unlawful arrest detention
is illegal
b. Article 125 crime is failing to deliver
person; in unlawful arrest crime is
making unauthorized arrest
4. Motive of offender is controlling
5. No period of detention is fixed
1. This covers all minors, whether under or
over 7 years of age
2. What is punished is the deliberate failure of
the custodian of the minor to restore the
latter to his parents or guardians
3. Kidnapping and failure to return a minor is
necessarily included in Kidnapping and
Serious Illegal Detention
1.
2.
272
Slavery
1.
2.
273
Exploitation
of Child Labor
274
Services
Rendered
Under
Compulsion
in Payment
Vena V. Verga
A Mayor or a fine
not exceeding
P300, or both
offender is
parent
PM and a fine not
exceeding
P10,000
1.
2.
Maximum Period
if purpose is to
assign to
immoral traffic
PC minimum and
medium and a
fine not
exceeding P500
A Mayor
maximum to PC
minimum
1.
2.
1.
2.
3.
275
Abandonmen
t of Persons
in Danger
and
Abandonmen
t of Ones
Own Victim
Acts Punishable:
1. Failing to render assistance to any person whom offender
finds in an uninhabited place wounded or in danger of
dying when he can render such assistance without
detriment to himself, unless such omission shall constitute
a more serious offense
a. The place is uninhabited
b. The accused found there a person wounded or in
danger of dying
c. The accused can render assistance without detriment
to himself
d. The accused fails to render assistance
2. Failing to help or render assistance to another whom the
A Mayor
1.
2.
3.
4.
Page 58 of 75
3.
276
Abando-ning
a Minor
1.
2.
3.
4.
Qualifying Circumstances:
1. When death of the minor resulted from such
abandonment, or
2. if the life of the minor was in danger because of the
abandonment
277
Abandonment of
Minor by
Person
Entrusted
with His
Custody;
Indifference
of Parents
278
Exploitation
of Minors
Acts Punished:
1. By delivering a minor to a public institution or other
persons without the consent of the one who entrusted
such minor to the care of the offender or, in the absence
of that one, without the consent of the proper authorities
a. The offender has charge of the rearing/education of a
minor
b. He delivers minor to a public institution or other
persons
c. The one who entrusted such child to the offender has
not consented to such act; or if the one who entrusted
such child to the offender is absent, the proper
authorities have not consented to it
2. By neglecting his (offenders) children by not giving them
the education which their station in life requires and
financial condition permits
a. That the offender is a parent
b. That he neglects his children by not giving them
education
c. That his station in life requires such education and his
financial condition permits it
Acts Punished:
1. By causing any boy or girl under 16 to perform any
dangerous feat of balancing, physical strength or
contortion, the offender being any person
2. By employing children under 16 who are not the children
or descendants of the offender in exhibitions of acrobat,
Vena V. Verga
A Mayor and a
fine not
exceeding P500
PC medium and
maximum
results in death
of minor
PC minimum and
medium
endanger life of
minor
A Mayor and a
fine not
exceeding P500
1.
2.
3.
4.
1.
2.
3.
4.
PC in minimum
and medium and
a fine not
exceeding P500
Maximum period
1.
279
Additional
Penalties
280
Qualified
Trespass to
Dwelling
Vena V. Verga
if delivery shall
have been made
in consideration
of any price,
compensation, or
promise
Exceptions:
1. If the entrance to anothers dwelling is made for the
purpose of preventing some serious harm to himself, the
occupants of the dwelling or a 3rd person
2. If the purpose is to render some service to humanity or
justice
3. If the place where entrance is made is a caf, tavern, inn,
and other public houses, while the same are still open
PC medium and
maximum and
fine not
exceeding
P1,000
committed by
means of
violence
b.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
281
Other Forms
of Trespass
1.
2.
A Menor or a fine
not exceeding
P200, or both
1.
2.
3.
4.
282
Grave
Threats
Vena V. Verga
uninhabited
That the prohibition to enter be manifest
That the trespasser has not secured the permission of the
owner or the caretaker thereof
Acts Punished:
1. By threatening another with the infliction upon his
person , honor or property or that of his family of any
wrong amounting to a crime and demanding money or
imposing any other condition, even thought not unlawful,
and the offender attained his purpose
a. That the offender threatens another person with the
infliction upon the latters person, honor or property,
or upon that of the latters family, of any wrong
b. That such wrong amounts to a crime
c. That there is a demand for money or that any other
condition is imposed, even though not unlawful
d. That the offender attains his purpose
2. By making such threat without the offender attaining his
purpose
3. By threatening another with the infliction upon his person,
honor or property or that of his family of any wrong
amounting to a crime, the threat not being subject to a
condition
a. That the offender threatens another person with
the infliction upon the latters person, honor, or
property, or upon the latters family, of any wrong
b. That such wrong amounts to a crime
c. That the threat is not subject to a condition
a.
Penalty next
lower in degree
than that
prescribed by
law for the crime
he threatened to
commit
Penalty lower by
2 degrees if
offender did not
attain his
purpose
Maximum Period
if threat in
writing or thru a
middleman
A Mayor and a
fine not
exceeding P500
if no condition
1.
2.
3.
4.
284
Bond for
Good
Behavior
285
Other Light
Threats
A Mayor
Destierro
1.
A Menor
minimum or a
fine not
exceeding P200
3.
Ways to Commit:
1. By preventing another, by means of violence, threats or
intimidation, from doing something not prohibited by law
2. By compelling another, by means of violence, threats or
intimidation, to do something against his will, whether it
be right or wrong
Elements:
1. That a person prevented another from doing something
not prohibited by law, or that he compelled him to do
something against his will, be it right or wrong
1.
2.
2.
286
Grave
Coercions
Vena V. Verga
287
Light
Coercions
religious act; or
committed to
prevent another
from performing
any religious act
1.
2.
3.
A Mayor in
minimum and
fine equivalent to
value of thing,
but in no case
less than P75
A Menor or a fine
P5-P200, or both
any other
coercion or
unjust vexation
A Mayor or a fine
ranging from
P200 - P500, or
both
4.
288
Other Similar
Coercions
Vena V. Verga
1.
Page 63 of 75
289
Formation,
Maintnance,
and
Prohibition of
Combina-tion
of Capital or
Labor
1.
290
1.
Discovery of
Secrets Thru
Seizure of
Correspondenc
e
2.
3.
2.
Vena V. Verga
A Mayor and a
fine not
exceeding P300
1.
2.
3.
4.
4.
PC in minimum
and medium and
a fine note
exceeding P500
if offender
reveals secrets
1.
A Mayor and a
fine not
exceeding P500
if offender shall
not reveal such
secrets
4.
2.
3.
5.
6.
7.
291
Revealing
1.
2.
1.
292
Revelation of
Industrial
Secrets
3.
such capacity
That he reveals such secrets
Vena V. Verga
P500
2.
3.
1.
2.
3.
4.
PC minimum and
medium and a
fine not
exceeding P500
4.
1.
2.
3.
4.
293
Who are
Guilty of
Robbery
Classification:
1. Robbery with violence against, or intimidation of persons
(RVAIP)
2. Robbery with the use of force upon things (RFUT)
a. Robbery in Inhabited House or Public Building or
Edifice devoted to Public Worship
b. Robbery in Uninhabited House or in a Private Building
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
Vena V. Verga
294
Robbery with
Violence
Against or
Intimidation
of Persons
Acts Punished:
1. When by reason or on occasion of robbery, crime of
homicide is committed
2. When robbery is accompanied by rape or intentional
mutilation or arson
3. When by reason or on occasion of such robbery, any of
the physical injuring resulting in insanity, imbecility,
impotency or blindness is inflicted
4. When by reason or on occasion of such robber, any of the
physical injuries resulting in loss of use of speech or the
power to hear or to smell, or the loss of an eye, a hand, a
foot, an arm, or a leg or the loss of the use of any such
member or incapacity for the work in which the injured
person is theretofore habitually engaged is inflicted
5. If the violence or intimidation employed in the commission
of the robbery is carried to a degree clearly unnecessary
for the commission of the crime
6. When in the course of its execution, the offender shall
have inflicted upon any person not responsible for the
commission of the robbery any of the physical injuries in
consequence of which the person injured becomes
deformed or loses any other member of his body or loses
the use thereof or becomes ill or incapacitated for the
performance of the work in which he is habitually engaged
for more than 90 days or the person injured becomes ill or
incapacitated fro labor for more than 30 days
7. If the violence employed by the offender does not cause
any of the serious physical injuries defined in Art. 263, or
RP to death
paragraph 1 (no.
1 and 2)
RT medium to RP
paragraph 2
(no. 3)
RT paragraph 3
(no. 4)
PM maximum to
RT medium
paragraph 4 (no.
5 and 6)
PC maximum to
PM medium
paragraph 5 (no.
7)
Vena V. Verga
10. The killing of any person by reason of or on
occasion of robbery is punished by highest
penalty regardless of the person killed, and
even if death supervened due to an accident.
11. Where homicide is not proved, the crime is
only robbery and vice versa
12. An accessory to robbery with homicide must
have knowledge of the commission of both
crimes to be liable, not just robbery
Robbery with Rape
1. Even if the rape is committed at another
place, it is still robbery with rape
2. There is no such crime as robbery with
attempted rape, because robbery cannot be
a necessary means to commit attempted
rape or vice versa
3. When taking of personal property is an
independent act following defendants failure
to consummate the rape, there are 2
crimes: theft and attempted rape
4. Additional rapes committed on same
occasion of robbery will not increase penalty
5. If rape and homicide with robbery co-exist,
the rape will be considered as an
aggravating circumstance
Robbery Under Paragraph 5:
1. Violence/intimidation need not be present at
any time before or at exact moment when
object taken
2. Reason: Asportation is a complex fact, a
whole divisible into parts, a series of acts, in
course of which personal
violence/intimidation may be injected
3. In robbery with intimidation, there must be
acts done by the accused which, either by
their own nature or by reason of the
circumstances under which they are
executed, inspire fear in person against
whom they are directed
Page 67 of 75
Vena V. Verga
Maximum period
of proper
penalties
1.
2.
3.
4.
Maximum period
of corresponding
penalty provided
by law, without
prejudice to
criminal liability
for illegal
possession of
such unlicensed
firearms
1.
2.
3.
4.
5.
6.
7.
8.
297
Attempted
and
Frustrated
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer
RT maximum to
RP, unless
homicide
committed shall
1.
2.
3.
337
Qualified
Seduction
Vena V. Verga
deserve a higher
penalty under
the RPC
4.
5.
1.
2.
3.
4.
1.
2.
338
Simple
Seduction
1.
2.
3.
4.
That
age
That
That
That
A Mayor
1.
339
1. That the offender commits acts of lasciviousness or
Acts of
lewdness
Lasciviousnes 2. That the acts are committed upon a woman who is a virgin
s with
or single or widow of good reputation, under 18 years of
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer
A Mayor
6.
7.
8.
1.
2.
340
Corruption of
Minors
3.
1.
2.
3.
Vena V. Verga
3.
PM to satisfy
lust of another
1.
2.
In addition, TAD
public officer
or employee
3.
4.
5.
341
White Slave
Trade
Acts Penalized:
1. Engaging in business of prostitution
2. Profiting by prostitution
3. Enlisting services of women for the purpose of prostitution
PC medium and
maximum
6.
1.
2.
3.
4.
342
Forcible
Abduction
1.
2.
3.
That
age,
That
That
RT
1.
2.
3.
4.
/vvverga Second Semester, AY 2004-2005
Criminal Law II Reviewer
Vena V. Verga
5.
6.
343
Consented
Abduction
1.
2.
3.
4.
344
Prosecution
of Crimes of
Adultery,
Concubinage,
Abduction,
Rape, and
Acts of
Lasciviousnes
s
1.
2.
PC minimum and
medium
Vena V. Verga
one of them is not guilty
Seduction, Abduction or Acts of
Lasciviousness
a. The right to file action granted to
parents, grandparents or guardian shall
be exclusive of all other persons and
shall be exercise successively
b. It is exclusive, because if the parent, for
example, refuse to file, the grandparents
cannot file the complaint
c. When offended party is a minor, her
parents may file complaint
d. When offended party is of age, and she
is complete possession of her mental
and physical faculties, she alone can file
the complaint
e. The father, if living, is not necessarily
preferred to the mother in filing the
complaint
7. Complaint must be filed in court, not with
the fiscal
8. Rape complexed with another crime (a
public crime) need not be signed by
offended woman
9. Actual Marriage with offended party
a. Extinguishes criminal action or remits
the penalty already imposed
b. Benefits the co-principals, accomplices
and accessories
10. Marriage between parties guilty of adultery
or concubinage does not extinguish the
criminal action
1. Under the RPC, there is no civil liability for
acts of lasciviousness
2. Reasons for Indemnity in Adultery or
Concubinage: acknowledgment of offspring
is not legally possible, support is not
included, because the person who give birth,
if at all, is one of the offenders and not the
offended party
3. Moral damages are recoverable by both
offended party and her parents
4. Under the Family Code, since children are
6.
2.
345
Civil Liability
of Persons
Guilty of
Crimes
Against
Chastity
Seduction or Abduction:
1. To indemnify the offended woman
2. To acknowledge offspring, unless the law should prevent
him form doing so
3. In every case, to support the offspring
Adultery or Concubinage
Indemnify damages caused to offended spouse
Page 72 of 75
346
Liability of
Ascendants,
Guardians,
Teachers or
Other
Persons
Entrusted
with Custody
Persons Liable
cooperate as accomplices but are punished as
principals:
1. Ascendants
2. Guardian
3. Curators
4. Teachers, and
5. Any other person, who cooperates as accomplice with
abuse of authority or confidential relationship
365
Imprudence
and
Neligence
Vena V. Verga
Penalties
prescribed in
Chapters 2, 3, 4
Teachers TSD
maximum to PSD
Other Person
Special
disqualification
from filling office
of guardian
Page 73 of 75