Crim Mem Aid

MEMORY AID IN CRIMINAL LAW
SAN BEDA COLLEGE OF LAW 2003 CENTRALIZED BAR OPERATIONS

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MEMORY AID IN CRIMINAL LAW crime is obliterated.

BOOK ONE ART. 1. TIME WHEN THE ACT TAKES
EFFECT
CRIMINAL LAW The branch or division of
law which defines crimes, treats of their nature
and provides for their punishment. TWO SCHOOLS OF THOUGHT
IN CRIMINAL LAW
LIMITATIONS ON THE POWER OF CLASSICAL POSITIVIST
CONGRESS TO ENACT PENAL LAWS
The law must not: (CODE:VEBI) 1. Basis of Human free The sum of
1. Violate the equal protection clause of the criminal will social and
Constitution. liability economic
2. Partake the nature of an ex post facto law. phenomena to
3. Partake of the nature of a bill of attainder. which the actor
4. Impose cruel and unusual punishment nor is exposed
excessive fines.
2. Purpose Retribution Prevention or
of penalty correction
CHARACTERISTICS OF CRIMINAL LAW 3. Exempli- The RPC in The provisions
1. GENERAL - criminal law is binding on all fied in general on impossible
persons who live or sojourn in Philippine crimes and
territory (Art. 14, NCC.). habitual
EXCEPTIONS: those who are exempted by: delinquency
a. Treaty stipulations.
b. Laws of preferential application
c. Principles of public internal law (i.e., NOTE: A third school of thought may be added
sovereigns and other chiefs of state, which is called:
ambassadors, ministers plenipotentiary, Eclectic or Mixed Philosophy this combines
ministers resident, and their charges both positivist and classical thinking. Crimes that
daffaires. But consuls, vice-consuls are economic in nature and social in nature
and other commercial representatives of should be dealt with in a positivist manner; thus,
foreign nations cannot claim the same the law is more compassionate. Heinous crimes
privileges and immunities. should be dealt with in a classical manner: thus,
capital punishment as imposed by RA 7659 is
2. TERRITORIAL - criminal laws of the justified.
Philippines are enforceable only within its
territory. ART. 2. APPLICATION OF ITS
PROVISIONS
EXCEPTION: Exception to the Principle of Territoriality
Art. 2 of the Revised Penal Code.
RULES ON VESSELS:
3. PROSPECTIVE - penal laws cannot make 1. A Philippine vessel or aircraft must be
an act punishable in a manner in which it understood as that which is registered in the
was not punishable when committed. As Philippine Bureau of Customs.
provided in Article 366 of the Revised Penal
Code, crimes are punished under the laws in 2. On Foreign Merchant Vessels:
force at the time of their commission.
FRENCH RULE ENGLISH RULE
EXCEPTION:
When a new statute dealing with the GENERAL RULE: GENERAL RULE:
crime established conditions more lenient or Crimes are not triable Crimes are triable in
favorable to the accused, it can be given a in the courts of the the country,
retroactive effect. country,
EXCEPTION: EXCEPTION:
EXCEPTION TO THE EXCEPTION: their commission they merely affect
a. The new law is expressly made affects the peace and things within the vessel
inapplicable to pending actions or security of the territory or they refer to the
existing causes of actions. or the safety of the internal management
b. The offender is a habitual criminal. state is endangered. thereof.
If the new law totally repeals the existing law NOTE: The English rule is more assertive while
so that the act which was penalized under the French rule is more restrained.
the old law is no longer punishable, the
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CRIMINAL LAW COMMITTEE: Chairperson: Edgardo P. Bruce, Jr.; Asst. Chairperson: Timothy Joseph Adriano;
EDP: Sorhaya Dilabakun
3. Merchant Vessel vs. Warship(Public Vessel) MALA IN SE vs. MALA PROHIBITA

(CODE: G-CLAMP)
MERCHANT WARSHIP MALA IN SE MALA
PROHIBITA
More or less subject to Territory of the country 1. As to The moral trait is The moral trait of
territorial laws where they belong. Not moral trait considered. the offender is not
subject to territorial of the Liability will arise considered. It is
laws offender only when there enough that the
is dolo or culpa. prohibited act was
ART. 3. FELONIES voluntarily done.
2. As to Good faith or Good faith is not a
GENERAL ELEMENTS OF FELONIES: use of lack of criminal defense.
1. There must be an act or omission i.e., good faith intent is a valid
external acts, internal acts are beyond as a defense; unless
the sphere of penal laws. defense the crime is the
2. The act or omission must be punishable result of culpa.
by the RPC; 3. As to The degree of The act gives rise
3. The act is performed or the omission degree of accomplishment to a crime only
incurred by means of dolo or culpa. accomplish of the crime is when it is
ment of the taken into consummated.
CLASSIFICATION OF FELONIES crime account in
ACCORDING TO THE MEANS BY WHICH punishing the
THEY ARE COMMITTED offender.
4. As to Mitigating and Mitigating and
1. Intentional felonies - the act is mitigating aggravating aggravating
performed with deliberate intent or malice. and circumstances circumstances are
aggravating are taken into not taken into
circumstan- account in account
REQUISITES OF DOLO OR MALICE: ces
1. FREEDOM; imposing the
2. INTELLIGENCE; penalty
3. INTENT while doing the act or omitting 5. As to When there is Degree of
to do the act. Criminal intent is degree of more than one participation is not
presumed from the commission of an participati offender, the taken into account.
unlawful act. on degree of All who
participation of perpetrated the act
2. Culpable felonies Performed without each in the are punished to
malice. commission of the same extent.
the crime s
REQUISITES OF CULPA: taken into
1. FREEDOM; account.
2. INTELLIGENCE; 6. As to 1. Violation of 1. Violation of
3. NEGLIGENCE AND IMPRUDENCE. what laws the R.P.C. Special Laws
Such negligence or indifference to duty are (General (General rule)
or to consequence is, in law, equivalent violated rule)
to criminal intent.
REASON FOR PUNISHING ACTS OF TEST TO DETERMINE WHETHER OFFENSE
NEGLIGENCE: IS MALA IN SE:
A man must use common sense, and The test is not the law punishing it but the
exercise due reflection in all his acts; it is nature of the act itself. Although as a rule,
his duty to be cautious, careful and special laws punish acts as mala prohibita, if
prudent. the act punished is wrongful in nature, or
inherently immoral, like the offense under
3. Mala Prohibita- the third class of crimes the Election Code regarding the omission of
punishable by SPECIAL LAWS, and where the voters name in the voters list, the act is
criminal intent (or criminal negligence) is considered wrong per se and not a wrong
not, as a rule, necessary, it being sufficient merely because it is prohibited. Hence, good
that the offender has the intent to faith and lack of criminal intent are valid
perpetrate the act prohibited by the special defenses (People vs Sunico [CA] 50 O.G.,
law. 5880)
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frustrated impossible crime.

INTENT MOTIVE ART. 6. CONSUMMATED,
1. purpose to use 1. moving power which FRUSTRATED AND
particular means to impels one to act ATTEMPTED FELONIES
effect such result
2. element of the 2. NOT an element of STAGES OF OFFENSES
crime, except in the crime 1. CONSUMMATED FELONY - A felony is
malum prohibitum consummated when all the elements
3. essential in 3. essential only when necessary for its execution and
intentional felonies the identity of the accomplishment are present.
perpetrator is in doubt
2. FRUSTRATED FELONY
ART. 4. CRIMINAL LIABILITY
ELEMENTS:
REQUISITES FOR CRIMINAL LIABILITY FOR (CODE: APNI)
A FELONY, DIFFERENT FROM THAT 1. The offender performs all the acts of
INTENDED TO BE COMMITTED execution
(ART 4 PAR. 1 ): 2. All the acts performed would produce
1. That an Intentional felony has been the felony as a consequence
committed; 3. But the felony is not produced
2. That the wrong done be different from that 4. By reason of causes independent of the
which was intended: and will of the perpetrator
3. That the intentional felony be the proximate
cause of the wrong done. 3. ATTEMPTED FELONY
PROXIMATE CAUSE -the cause, which, in ELEMENTS:

natural and continuous sequence, unbroken by (CODE: CANO)
any efficient intervening cause, produces the 1. The offender commences the
injury, and without which the result would not commission of the felony directly by
have occurred. overt acts
2. He does not perform all the acts of
CAUSES WHICH MAY PRODUCE A RESULT execution which should produce the
DIFFERENT FROM THAT INTENDED felony
1. Error in personae - mistake in the identity of 3. The offenders act be not stopped by his
the victim own spontaneous desistance;
2. Aberratio ictus- mistake in the blow 4. The non-performance of all acts of
3. Praeter intentionem- the injurious result is execution was due to cause or accident
different from that intended other than his own spontaneous
desistance.
REQUISITES OF MISTAKE OF FACT AS
DEFENSE: (U.S. vs. Ah Chong) OVERT ACTS: Some physical activity or
1. The act done would have been lawful had deed, indicating intention to commit a
the facts been as accused believed them to particular crime, more than a mere planning
be or preparation, which if carried to its
2. The intention of the accused in doing the act complete termination following its natural
was lawful course, without being frustrated by external
3. The mistake was without fault or obstacles, nor by voluntary desistance of the
carelessness on the part of the accused perpetrator will logically ripen into a concrete
offense.
REQUISITES OF AN IMPOSSIBLE CRIME
(ART. 4, PAR. 2): INDETERMINATE OFFENSE: One where
the purpose of the offender in performing an
1. That the act performed would be an offense act is not certain. The accused maybe
against persons or property convicted for a felony defined by the acts
2. That the act was done with evil intent performed by him up to the time of
3. That its accomplishment is inherently desistance. (People vs. Lamahang, 61 Phil
impossible, OR that the means employed is 703)
either inadequate or ineffectual.
4. That the act performed should NOT TWO STAGES IN THE DEVELOPMENT OF A
constitute a violation of another provision of CRIME:
the Revised Penal Code. 1. Internal acts, such as mere ideas in the
mind of a person, are not punishable even if
There is no such thing as an attempted or they would constitute a crime, had they been
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carried out. TWO ASPECTS OF CONSPIRACY OR

2. External acts cover a) preparatory acts and PROPOSAL TO COMMIT FELONY:
b) acts of execution. 1. GENERAL RULE: As a manner of incurring
a. Preparatory acts are ordinarily not criminal liability.
punishable. But preparatory acts, 2. EXCEPTION: As a separate punishable
considered by law as independent offense.
crimes, are punishable (e.g. the
possession of picklocks under Art. 304, RULES ON CONSPIRACY OR PROPOSAL TO
RPC, which is a preparatory act to the COMMIT A FELONY:
commission of robbery). 1. GENERAL RULE: Mere conspiracy and
b. Acts of execution are punishable under proposal to commit a felony are not
the Revised Penal Code. punishable. Reason: conspiracy and
proposal to commit a crime are only
FACTORS TO CONSIDER IN DETERMINING preparatory acts.
WHETHER THE FELONY IS ATTEMPTED, 2. EXCEPTION: They are punishable in
FRUSTRATED OR CONSUMMATED: cases in which the law specially
(CODE- MEN) provides a penalty therefor.
1. Nature of the offense
2. Elements constituting the felony When conspiracy is only a basis for incurring
3. Manner of committing the felony criminal liability, there must be an overt act
before the co-conspirators become
FORMAL CRIMES - consummated in one criminally liable. In which case, the rule is
instant, no attempt. that: the act of one is the act of all.
MATERIAL CRIMES - 3 stages of execution. EXCEPTION: If any of the co-conspirators

would commit a crime not agreed upon, the
ART. 7. LIGHT FELONIES same is NOT the act of all.
GENERAL RULE: Light felonies are punishable EXCEPTION TO THE EXCEPTION: But in
only when they have been consummated. acts constituting a single indivisible
EXCEPTION: If committed against persons or offense, all will be liable for a crime
property, punishable even if attempted or committed by one co-conspirator. The
frustrated. defense of a particular conspirator would be
that he tried to prevent the commission of
Only principals and accomplices are liable such other act.
for light felonies
ART. 9. CLASSIFICATION OF FELONIES
Accessories are not liable, even if they are ACCORDING TO GRAVITY
committed against persons or property.
IMPORTANCE OF THE CLASSIFICATION:
ART. 8. CONSPIRACY AND PROPOSAL a. To determine whether these felonies can be
TO COMMIT FELONY complexed or not;
REQUISITES OF CONSPIRACY: b. To determine the prescription of the crime
1. That two or more persons came to an and the prescription of the penalty.
agreement;
2. That the agreement pertains to the ART. 10. OFFENSES NOT SUBJECT TO
commission of a felony; and THE PROVISIONS OF THE RPC
3. That the execution of the felony be decided
upon. GENERAL RULE: The provisions of the RPC on
TWO WAYS FOR CONSPIRACY TO EXIST: penalties cannot be applied to offenses
1. There is a previous and express agreement; punishable under special laws.
2. The participants acted in concert or EXCEPTION: If the penalties in the special law
simultaneously which is indicative of a follow the penalties in the RPC, the rules in the
meeting of the minds towards a common RPC shall be applicable (People vs Martin
criminal objective. There is an implied Simon, July 1994).
agreement.
REQUISITES OF PROPOSAL: ART. 11. JUSTIFYING CIRCUMSTANCES

1. That a person has decided to commit a
felony; and JUSTIFYING CIRCUMSTANCES - are those
2. That he proposes its execution to some where the act of a person is said to be in
other person or persons. accordance with law, so that such person is
deemed not to have transgressed the law and is
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free from both criminal and civil liability. There is RELATIVES THAT CAN BE DEFENDED:
no civil liability, except in par. 4 of Art. 11, where (CODE: SAD B4R)
the civil liability is borne by the persons 1. Spouse
benefited by the act. 2. Ascendants
3. Descendants
1. SELF-DEFENSE 4. Legitimate, natural or adopted brothers and
REQUISITES: sisters, or relatives by affinity in the same
1. Unlawful aggression (condition sine qua degrees.
non); 5. Relatives by consanguinity within the fourth
2. Reasonable necessity of the means civil degree
employed to prevent or repel it; and 3. DEFENSE OF STRANGER
3. Lack of sufficient provocation on the part of REQUISITES:
the person defending himself 1. Unlawful Aggression;
2. Reasonable necessity of the means
UNLAWFUL AGGRESSION is equivalent to employed to prevent or repel it; and
assault or at least threatened assault of an 3. The person defending be not induced by
immediate and imminent kind. revenge, resentment or other evil motive.
TEST OF REASONABLENESS - the means 4. AVOIDANCE OF GREATER EVIL OR

employed depends upon the nature and INJURY
quality of the (1) weapon used by the REQUISITES:
aggressor, and (2) his physical condition, 1. That the evil sought to be avoided
character, size and other circumstances, (3) actually exists;
and those of the person defending himself, 2. That the injury feared be greater than
(4) and also the place and occasion of the that done to avoid it; and
assault. 3. There be no other practical and less
harmful means of preventing it.
NOT required for reasonable necessity:
Perfect equality between the weapons used The greater evil must not be brought about
by the one defending himself and that of the by the negligence or imprudence of the
aggressor is not required, nor material actor.
commensurability between the means of
attack and defense. Reason: This is Civil liability referred to in a state of
because the person assaulted does not necessity is based not on the act committed,
have sufficient tranquility of mind to think but on the benefit derived from the state of
and to calculate. necessity. Thus, only the person benefited
is civilly liable.
Rights included in self-defense:
Self-defense includes not only the defense 5. FULFILLMENT OF DUTY; OR LAWFUL
of the person or body of the one assaulted EXERCISE OF RIGHT OR OFFICE
but also that of his rights, the enjoyment of REQUISITES:
which is protected by law. 1. That the accused acted in the performance
1. Includes the right to honor. Hence, a slap of a duty or in the lawful exercise of a right
on the face is considered as unlawful or office;
aggression directed against the honor of 2. That the injury caused or the offense
the actor (People vs Sabio, 19 SCRA committed be the necessary consequence
901), of the due performance of duty or the lawful
2. Includes defense of property rights, only exercise of such right or office.
if there is also an actual and imminent
danger on the person of the one 6. OBEDIENCE TO AN ORDER ISSUED FOR
defending (People vs Apolinar, 38 O.G. SOME LAWFUL PURPOSE
2879). REQUISITES:
1. That an order has been issued by a superior
2. DEFENSE OF RELATIVES 2. That such order must be for some lawful
REQUISITES: purpose
1. Unlawful Aggression; 3. That the means used by the subordinate to
2. Reasonable necessity of the means carry out said order is lawful
employed to prevent or repel it; and
3. In case the provocation was given by ART. 12. EXEMPTING CIRCUMSTANCES
the person attacked, the one making the DEFINITION:
defense had no part therein. Exempting circumstances (or the
circumstances for non-imputability) - are those
grounds for exemption from punishment,
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because there is wanting in the agent of the 3. PERSON OVER NINE YEARS OF AGE
crime any of the conditions which makes the act AND UNDER FIFTEEN, ACTING WITHOUT
voluntary, or negligent. DISCERNMENT
BASIS: (CODE FINI) Discernment - mental capacity (i.e. of a minor)
The exemption from punishment is based on the to fully appreciate the consequences of an
complete absence of intelligence, freedom of unlawful act.
action, or intent, or on the absence of Discernment may be shown by:
negligence on the part of the accused. a. The manner the crime was committed;
or
(CODE: CALL) b. The conduct of the offender after its
JUSTIFYING EXEMPTING commission
CIRCUMSTANCE CIRCUMSTANCE
1. It affects the act 1. It affects the actor 4. A PERSON WHO WHILE PERFORMING A
not the actor. not the act. LAWFUL ACT WITH DUE CARE, CAUSES
2. The act is 2. The act INJURY, BY MERE ACCIDENT WITHOUT
considered to have complained of is FAULT OR INTENTION OF CAUSING IT
been done within actually wrongful,
the bounds of law; but the actor is ELEMENTS:
hence, legitimate not liable. 1. A person is performing a lawful act;
and lawful in the 1. With due care;
eyes of the law. 2. He causes injury to another by mere
accident;
3. Since the act is 3. Since the act
3. Without fault or intention of causing
considered lawful, complained of is
it.
there is no crime. actually wrong,
there is a crime;
but since the actor
5. A PERSON WHO ACTS UNDER THE
acted without
COMPULSION OF AN IRRESISTIBLE FORCE
voluntariness,
ELEMENTS:
there is no dolo
1. That the compulsion is by means of physical
nor culpa.
force.
4. Since there is no 4. Since there is a
2. That the physical force must be irresistible.
crime, nor a crime committed
3. That the physical force must come from a
criminal, there is though there is no
third person.
also no liability, criminal, there is
criminal nor civil. civil liability.
6. A PERSON WHO ACTS UNDER THE
IMPULSE OF UNCONTROLLABLE FEAR
1. IMBECILITY OR INSANITY OF AN EQUAL OR GREATER INJURY
Insanity or imbecility exists when there is a ELEMENTS:
complete deprivation of intelligence freedom 1. That the threat which causes the fear is of
of the will. an evil greater than, or at least equal to, that
which he is required to commit;
An insane person is not so exempt if it can 2. That it promises an evil of such gravity and
be shown that he acted during a lucid imminence that the ordinary man would
interval. But an imbecile is exempt in all have succumbed to it.
cases from criminal liability.
Duress as a valid defense should be based
2 TESTS OF INSANITY: on real, imminent, or reasonable fear for
1. Test of COGNITION complete ones life or limb and should not be
deprivation of intelligence in committing speculative, fanciful, or remote fear.
the crime.
2. Test of VOLITION total deprivation of Hence, duress is unavailing where the
freedom of will. (Pp. v. Rafanan) accused had every opportunity to run away
if he had wanted to, or to resist any possible
2. PERSON UNDER NINE YEARS OF AGE aggression because he was also armed.
An infant under the age of nine years is
absolutely and conclusively presumed to be DISTINGUISHED FROM IRRESISTIBLE
incapable of committing a crime. FORCE:
In irresistible force (par. 5), the offender
The phrase under nine years should be uses violence or physical force to compel
construed nine years or less. another person to commit a crime; in
uncontrollable fear (par. 6), the offender employs
intimidation or threat in compelling another to
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commit a crime. As to May be offset by Cannot be

7. A PERSON WHO FAILS TO PERFORM AN offset aggravating offset
ACT REQUIRED BY LAW, WHEN circumstance
PREVENTED BY SOME LAWFUL OR Where subsections 1 to Arts. 68, 69
INSUPERABLE CAUSE. found 10 of Article 13, and 64 of the
RPC. RPC.
ELEMENTS:
1. That an act is required by law to be done
PARAGRAPH 1: INCOMPLETE JUSTIFYING
2. That a person fails to perform such act
OR EXEMPTING CIRCUMSTANCE
3. That his failure to perform such act was due
1. Applies, when all the requisites necessary to
to some lawful or insuperable cause.
justify the act are not attendant.
2. But in the case of incomplete self-defense,
ABSOLUTORY CAUSES
defense of relatives, and defense of
DEFINITION: stranger, unlawful aggression must be
Absolutory cause a circumstance which present, it being an indispensable requisite.
is present prior to or simultaneously with the
offense by reason of which, the accused PARAGRAPH 2: UNDER 18, OR OVER 70
who acts with criminal intent, freedom and YEARS OLD
intelligence does not incur criminal liability LEGAL EFFECTS OF VARIOUS AGES OF
for an act which constitutes a crime, such OFFENDER:
as: 1. The age of absolute irresponsibility - Under
1. Spontaneous desistance (Art.6) 9 years of age, an exempting circumstance
2. Accessories who are exempt from (Art. 12, par. 2);
criminal liability (Art. 20) 2. The age of mitigated responsibility - Over 9
3. Death or physical injuries under and under 15 years of age, acting without
exceptional circumstances (Art. 247) discernment is also an exempting
4. Persons exempt from criminal liability in circumstance, (Art. 12, par. 3; see Art. 68,
theft, swindling and malicious mischief par. 1);
(Art. 332) 3. Minor delinquent (under 18 years of age),
5. Instigation is an absolutory cause. the sentence may be suspended (Art. 192,
REASON: An instigator practically PD 603, as amended by PD 1179);
induces the would-be accused into the 4. Under 18 years of age, privileged mitigating
commission of the offense, and himself circumstance (Art. 68);
becomes a co-principal. Sound public 5. age of full responsibility - 18 years or over,
policy requires that the courts condemn full criminal responsibility;
this practice by directing the acquittal of 6. The age of mitigated responsibility - 70
the accused. years or over, mitigating circumstance (Art.
13, par. 2), no imposition of death penalty
ART. 13. MITIGATING CIRCUMSTANCES (Art. 47, par. 1), execution of death sentence
DEFINITION: if already imposed is suspended and
Mitigating circumstances - those which, if commuted (Art. 83).
present in the commission of the crime, do not
entirely free the actor from criminal liability, but PARAGRAPH 3: NO INTENTION TO COMMIT
serve only to reduce the penalty. SO GRAVE A WRONG
1. If the offender had no intention to commit so
BASIS: (CODE: FILI) grave a wrong as that committed, he is
Mitigating circumstances are based on entitled to a mitigating circumstance. This
the diminution of either freedom of action, can be taken into account only when the
intelligence, or intent, or on the lesser perversity facts proven show that there is a notable
of the offender. and evident disproportion between the
means employed to execute the criminal act
CLASSES OF MITIGATING and its consequences.
CIRCUMSTANCES: 2. This paragraph is not applicable to culpable
ORDINARY PRIVILEGED felonies.
As to If not offset, it will It operates to
the operate to reduce reduce the PARAGRAPH 4: PROVOCATION OR THREAT
effect the penalty to the penalty by one DEFINITION:
minimum period, to two DEGREES Provocation - is understood as any unjust or
provided the depending improper conduct or act of the offended party,
penalty is a upon what the capable of exciting, inciting, or irritating any one.
divisible one. law provides.
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REQUISITES: (CODE: SOI) sufficient to produce such a condition of

1. The provocation must be sufficient. mind;
2. It must originate from the offended party. 2. That said act which produced the
3. The provocation must be immediate to the obfuscation was not far removed from the
commission of the crime by the person who commission of the crime by a considerable
is provoked. length of time, during which the perpetrator
might recover his normal equanimity.
The threat should not be offensive and
positively strong. Otherwise, the threat to REASON: When there are causes naturally
inflict real injury is an unlawful aggression, producing in a person powerful excitement, he
which may give rise to self- defense. loses his reason and self-control, thereby
diminishing the exercise of his will power.
PARAGRAPH 5: VINDICATION OF GRAVE
OFFENSE EXCEPTIONS: But even when there is actually
REQUISITES: passion or obfuscation on the part of the
1. That there be a grave offense done to the offender, there is no mitigating circumstance if:
one committing the felony, his spouse, a. The act is committed in a spirit of
ascendants, descendants, legitimate, natural lawlessness; or
or adopted brothers or sisters, or relatives b. The act is committed in a spirit of
by affinity within the same degrees; revenge.
2. That the felony is committed in vindication of
such grave offense. PARAGRAPH 7: SURRENDER AND
CONFESSION OF GUILT
Immediate vindication means proximate. TWO MITIGATING CIRCUMSTANCES ARE
Hence, a lapse of time is allowed between PROVIDED IN THIS PARAGRAPH:
the vindication and the doing of the grave 1. Voluntary surrender to a person in authority
offense. or his agents.
2. Voluntary confession of guilt before the
PROVOCATION VINDICATION court, prior to the presentation of evidence
for the prosecution.
1. It is made directly 1. The grave offense
only to the person may be committed REQUISITES OF VOLUNTARY SURRENDER:
committing the also against the (CODE: ASV)
felony. offenders 1. That the offender had not been actually
relatives arrested;
mentioned by law. 2. That the offender surrendered himself to a
person in authority or to the latters agent;
2. The cause that 2. The offended 3. That the surrender was voluntary.
brought about the party must have
provocation need done a grave WHEN SURRENDER VOLUNTARY A
not be a grave offense to the surrender to be voluntary must be
offense. offender or his spontaneous, showing the intent of the
relatives accused to submit himself unconditionally to the
mentioned by law. authorities, either because:
3. It is necessary that 3. The vindication of 1. he acknowledges his guilt; or
the provocation or the grave offense 2. he wishes to save them the trouble and
threat immediately may be expense necessarily incurred in his
preceded the act. proximate, which search and capture.
admits of an
INTERVAL of REQUISITES OF VOLUNTARY PLEA OF
time. GUILTY:
(CODE: SCoP)
PARAGRAPH 6: PASSION OR OBFUSCATION 1. That the offender spontaneously
REQUISITES: confessed his guilt;
1. The accused acted upon an impulse. 2. That the confession of guilt was made in
2. The impulse must be so powerful that it open court, that is, before the competent
naturally produced passion or obfuscation in court that is to try the case; and
him. 3. That the confession of guilt was made prior
to the presentation of evidence for the
REQUISITES OF THE MITIGATING prosecution.
CIRCUSTANCE OF PASSION OR PARAGRAPH 8: PHYSICAL DEFECT OF THE
OBFUSCATION OFFENDER
1. That there be an act, both unlawful and DEFINITION:
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Physical defect - referred to in this paragraph is

such as being armless, cripple, or a stutterer, 2. SPECIFIC-- those that apply only to
whereby his means to act, to defend himself, or particular crimes.
to communicate with his fellow human beings, is USUALLY: ignominy in crimes against
limited. However, it is essential that the physical chastity; or cruelty and treachery in crimes
defect has some relation to the crime committed against persons
by him. ENUMERATED:
(1) disregard of rank, age, or sex of
PARAGRAPH 9: ILLNESS OF THE offended party
OFFENDER (2) superior strength; or means to weaken
REQUISITES: the defense
1. That the illness of the offender diminishes (3) treachery
the exercise of his will power. (4) ignominy
2. That such illness should not deprive the (5) cruelty
offender of consciousness of his acts. (6) use of unlicensed firearm in murder or
homicide (Section 1, RA 8294)
PARAGRAPH 10: SIMILAR AND
ANALOGOUS CIRCUMSTANCES 3. QUALIFYING those that change the nature
of the crime.
Authorizes the court to consider in favor of EXAMPLES: Alevosia (treachery), or evident
the accused any other circumstance of a premeditation qualifies the killing of a person
similar nature and analogous to those to murder
mentioned in paragraphs 1 to 9 of Article 4. INHERENT those that must, of necessity,
13. accompany the commission of the crime.
These will not aggravate the crime.
ART. 14 AGGRAVATING EXAMPLE: Evident premeditation is
CIRCUMSTANCES inherent in robbery, theft, estafa, adultery, or
DEFINITION: concubinage
Aggravating circumstances - are those which,
if attendant in the commission of the crime, (CODE: NO)
serve to increase the penalty without, however, QUALIFYING GENERIC
exceeding the maximum of the penalty provided AGGRAVATING AGGRAVATING
by law for the offense. CIRCUMSTANCE CIRCUMSTANCE
BASIS: 1. It does not only 1. Its effect is to
They are based on the greater perversity of the give the crime its increase the
offender manifested in the commission of the proper and penalty, which
felony, as shown by (1) the motivating power exclusive name, should be imposed
itself, (2) the place of commission, (3) the means but also places the upon the accused
and ways employed, (4) the time, or (5) the author thereof in without exceeding
personal circumstances of the offender, or of the such a situation as the limit prescribed
offended party. to deserve no by law. It does not
other penalty than change the crime
FOUR KINDS OF AGGRAVATING that specially
CIRCUMSTANCES: prescribed by law
1. GENERIC those that can generally apply to for said crime.
all crimes
USUALLY: dwelling; nighttime; recidivism 2. It may be
ENUMERATED: 2. It cannot be offset
by an ordinary compensated by a
(1) Advantage taken of public position mitigating
(2) Contempt or insult to public authorities mitigating
circumstance. circumstance.
(3) Commission in the dwelling of the
offended party
(4) Abuse of confidence; or obvious MODIFICATIONS IN THE APPLICATION OF
ungratefulness SOME AGGRAVATING CIRCUMSTANCES
(5) Places of commission (ACs)
(6) Nighttime; uninhabited place; or band (CODE: No Personal Knowledge of Public
(7) Recidivism Syndicate)
(8) Reiteracion 1. ACs WHICH DO NOT HAVE THE EFFECT
(9) Craft, fraud, or disguise OF INCREASING THE PENALTY. (a)
(10)Unlawful entry Those which in themselves, constitute a
(11)By breaking wall, etc. crime specially punishable by law, and (b)
(12)Aid of a minor (under 15 years) those which are included by the law in
9
defining a crime and prescribing the penalty person in authority, is a public officer who is
therefore (Art. 62, par. 1). directly vested with jurisdiction, that is, a public
2. ACs WHICH ARE PERSONAL TO THE officer who has the power to govern and execute
OFFENDERS. Those which arise: a) from the laws.
the moral attributes of the offender, or b)
from his private relations with the offended PARAGRAPH 3: DISREGARD OF RANK,
party, or c) from any other personal cause, AGE, OR SEX OF OFFENDED PARTY; OR
shall only serve to aggravate the liability of COMMISSION IN THE DWELLING OF THE
the principals, accomplices, and accessories OFFENDED PARTY
as to whom such circumstances are
ATTENDANT (Art. 62, par. 3). If all the four circumstances enumerated in
3. ACs WHICH DEPEND FOR THEIR this paragraph are present, they have the
APPLICATION UPON THE KNOWLEDGE weight of only one aggravating
OF THE OFFENDERS. Those which circumstance.
consist 1) in the material execution of the
act, or 2) in the means employed to 1. That the act be committed with
accomplish it, shall serve to aggravate the insult or in disregard of the
liability of those persons only who had respect due the offended party on
KNOWLEDGE of them at the time of the account of the
execution of the act or their cooperation a. rank of the offended party. There must
therein (Art. 62, par. 4). be a difference in the social condition of
4. When in the commission of the crime, the offender and the offended party.
advantage was taken by the offender of his b. age of the offended party. Applies to
public position, or when the offense was cases where the victim is of tender age
committed by a person who belongs to a as well as of old age.
syndicated crime group, the maximum c. sex of the offended party. This refers to
penalty shall be imposed regardless of the female sex, not to the male sex.
mitigating circumstances.
This circumstance (rank, age, or sex) is
PARAGRAPH 1: ADVANTAGE TAKEN OF applicable only in crimes against
PUBLIC POSITION persons or honor.
TEST: Did the accused abuse his office in DISREGARD OF RANK, AGE, OR SEX IS NOT
order to commit the crime? AGGRAVATING IN THE FOLLOWING CASES:
a. When the offender acted with passion and
THIS CIRCUMSTANCE NOT APPLIED IN: obfuscation.
1. FALSIFICATION OF DOCUMENT b. When there exists a relationship between
COMMITTED BY PUBLIC OFFICERS the offended party and the offender.
UNDER ART. 171. c. When the condition of being a woman is
2. ACCESSORIES UNDER ART. 19, PAR. indispensable in the commission of the
3 crime. Thus, in (1) parricide, (2) abduction,
3. CRIMES COMMITTED BY PUBLIC (3) seduction and (4) rape in Art. 266-A
OFFICERS (FOUND IN ARTS. 204- par.1, sex is not aggravating
245).
Is disregard of sex absorbed in treachery?
PARAGRAPH 2: CONTEMPT OR INSULT TO The aggravating circumstance of
PUBLIC AUTHORITIES disregard of sex and age are NOT absorbed
REQUISITES: in treachery because treachery refers to the
1. That the public authority is engaged in the manner of the commission of the crime,
exercise of his functions. while disregard for sex and age pertains to
2. That he who is thus engaged in the exercise the relationship to the victim (P v. Lapaz;
of said functions is NOT the person against March 31, 1989)
whom the crime is committed.
3. The offender knows him to be a public 2. That the crime be committed in
authority. the dwelling of the offended party.
4. His presence has not prevented the offender REASON for aggravating the commission of the
from committing the criminal act. crime in ones dwelling:
a. The abuse of confidence which the
Knowledge that a public authority is present offended party reposed in the offender
is essential. by opening the door to him; or
b. The violation of the sanctity of the home
DEFINITION: by trespassing therein with violence or
A Public Authority, sometimes also called a against the will of the owner.
10
DEFINITIONS the offended party must be immediate and

Dwelling - must be a building or structure, personal.
exclusively used for rest and comfort. It
includes dependencies, the foot of the PARAGRAPH 5: PLACES OF COMMISSION
staircase and enclosure under the house. Places:
1. Palace of the Chief Executive;
There must be NO provocation, in order to 2. In the presence of the Chief Executive;
consider this AC. By PROVOCATION is 3. Where public officers are engaged in the
meant, one which is: discharge of their duties;
1.Given by the owner of the dwelling, 4. Place dedicated to religious worship.
2.Sufficient, and
3.Immediate to the commission of the
crime. PAR. 2: PAR. 5: PLACE
CONTEMPT OR WHERE PUBLIC
NOTE: For this circumstance to be INSULT TO AUTHORITIES
considered, it is NOT necessary that the PUBLIC ARE ENGAGED IN
accused should have actually entered the AUTHORITIES THE DISCHARGE
dwelling of the victim to commit the offense. OF THEIR DUTIES
It is enough that the victim was attacked 1. The public 1. The public
inside his own house, although the assailant authorities are authorities, who
may have devised means to perpetrate the performing their are in the
assault from without. duties outside of performance of
their office. their duties, must
DWELLING IS NOT AGGRAVATING IN THE be in their office.
FOLLOWING CASES:
2. The public 2. The public
a. When both offender and offended party are authority may be
authority should
occupants of the same house, even if the the offended party.
not be the
offended party is a servant in the house.
offended party.
BUT in adultery, it is still aggravating
even if it was also the dwelling of the
unfaithful wife, because of a very grave NOTE: There is a decided case to the effect
offense against the head of the house. that the offender must have the intention to
BUT the rule is again different if both the commit a crime when he entered the place; i.e.
unfaithful wife and the paramour were she must have murder in her heart (People v.
living, and had the right to live, in the Jaurigue, 76 Phil 174). Any of the said places is
same house of the offended spouse. not therefore, aggravating, if the crime was
casually committed therein.
b. In robbery by use of force upon things and
trespass to dwelling because dwelling is PARAGRAPH 6: NIGHTTIME; UNINHABITED
inherent. PLACE; OR BAND
NIGHTTIME, UNINHABITED PLACE OR
PARAGRAPH 4: ABUSE OF CONFIDENCE; BAND IS AGGRAVATING
OR OBVIOUS UNGRATEFULNESS 1. When it facilitated the commission of the
crime; or
REQUISITES OF ABUSE OF CONFIDENCE: 2. When it was especially sought for by the
1. That the offended party had trusted the offender to insure the commission of the
offender. crime or for the purpose of impunity; or
2. That the offender abused such trust by 3. When the offender took advantage thereof
committing a crime against the offended for the purpose of impunity.
party.
3. That the abuse of confidence facilitated the DEFINITIONS:
commission of the crime. 1. For the purpose of impunity - means to
prevent his (accuseds) being recognized, or
REQUISITES OF OBVIOUS to secure himself against detection and
UNGRATEFULNESS: punishment.
1. That the offended party had trusted the 2. Nighttime - is the period of darkness
offender; beginning at the end of dusk and ending at
2. That the offender abused such trust by dawn. Nighttime by and of itself is not
committing a crime against the offended necessarily aggravating. TESTS: (1) the
party; and commission of the crime must begin and be
3. That the act be committed with obvious accomplished in the nighttime; or (2) the
ungratefulness. offense must be actually be committed in the
The confidence between the offender and darkness of the night.
11
3. An uninhabited place - is one where par 8 (WITH AID OF ARMED

there are no houses at all, a place at a MEN) vs. par. 6 (bY A
considerable distance from town, or where
the houses are scattered at a great distance BAND)
from each other. [TEST OF UNINHABITED BAND ARMED MEN
PLACE] But whether or not the crime is 1. requires more 1. AT LEAST 2
attended by this aggravating circumstance than three armed
should be determined not by the distance of malefactors
the nearest house from the scene of the 2. shall have acted 2. actual aid is not
crime, but whether or not in the place of the together in the necessary, sufficient
commission of the offense there was a commission of an even if offenders
reasonable possibility of the victim receiving offense. merely relied on the
some help. [TEST OF WHETHER OR NOT aid of the armed
AGGRAVATING] men
4. BAND - Whenever more than three armed
malefactors shall have acted together in the
PARAGRAPH 9: RECIDIVIST
commission of an offense, it shall be
REQUISITES: (CODE: TriPS CONVICTED)
deemed to have been committed by a band.
1. That the offender is on trial for an offense;
5. Acted together - means direct part in the
2. That he was previously convicted by final
execution of the act constituting the crime.
judgment of another crime;
Hence, if one of the four armed men is a
3. That both the first and the second offenses
principal by inducement only, they do not
are embraced in the same title of the Code;
form a band, because a principal by
4. That the offender is convicted of the new
inducement connotes that he has no direct
offense.
participation in the perpetration thereof.
There is no recidivism if the subsequent
PARAGRAPH 7: ON OCCASION OF
conviction is for an offense committed
CALAMITY OR MISFORTUNE
before the offense involved in the prior
conviction.
THE REASON for the existence of this
circumstance is found in the debased form of
PARAGRAPH 10: REITERACION OR
criminality met in one who, in the midst of a
HABITUALITY
great calamity, instead of lending aid to the
REQUISITES: (CODE: TriPLE CONVICTED)
afflicted, adds to their great suffering by taking
1. That the accused is on trial for an offense;
advantage of their misfortune to despoil them.
2. That he previously served sentence for
another offense to which the law attaches an
PARAGRAPH 8: AID OF ARMED MEN, ETC.
equal or greater penalty, or for two or more
crimes to which it attaches lighter penalty
REQUISITES:
than that for the new offense.
1. That armed men or persons took part in the
3. That he is convicted of the new offense.
commission of the crime, directly or
indirectly.
RECIDIVISM REITERACION
2. That the accused availed himself of their aid
or relied upon them when the crime was 1. It is enough that a 1. It is necessary that
committed. final judgment has the offender shall
been rendered in have served out
Exceptions: the first offense. his sentence for
1. This aggravating circumstance shall not be the first offense
considered when both the attacking party 2. Recidivism 2. The previous and
and the party attacked were equally armed. requires that the subsequent
2. This aggravating circumstance is not offenses be offenses must
present when the accused as well as those included in the NOT be embraced
who cooperated with him in the commission same title of the in the same title of
of the crime acted under the same plan and Code. the Code
for the same purpose.
FORMS OF REPETITION
Aid of armed men is absorbed by 1. Recidivism (Par. 9, Art. 14)
employment by a band. 2. Reiteracion or habituality (Par. 10, Art. 14)
3. Multi-recidivism or habitual delinquency (Art.
62, Par. 5)
4. Quasi-Recidivism (Art. 160)
12
PARAGRAPH 11: PRICE, REWARD, OR would enable the offender to carry out
PROMISE his design.
3. Disguise - involves resort to any device
When this aggravating circumstance is in order to conceal identity.
present, there must be two or more
principals; the one who gives or offers the When there is a direct inducement by
price or promise and the one who accepts it. insidious words or machinations, fraud is
present; otherwise, the act of the accused
The evidence must show that one of the done in order not to arouse the suspicion of
accused used money or other valuable the victim constitutes craft.
consideration for the purpose of inducing
another to perform the deed. PARAGRAPH 15: SUPERIOR STRENGTH; OR
MEANS TO WEAKEN DEFENSE
When this aggravating circumstance is 1. Superior Strength - To take advantage of
present, it affects not only the person who superior strength means to use purposely,
received the price or the reward, but also the excessive force out of proportion to the
person who gave it. means of defense available to the person
attacked.
PARAGRAPH 12: BY MEANS OF
INUNDATION, FIRE, ETC. The aggravating circumstance of abuse of
superior strength depends on the age, size,
Any of the circumstances in paragraph 12 and strength of the parties.
cannot be considered to increase the
penalty or to change the nature of the 2. Means to weaken the defense - The
offense unless used by the offender as a offender employs means to materially
means to accomplish a criminal purpose. weaken the resisting power of the offended
party.
PAR. 12 PAR. 7
Under par. 12, the Under par.7, the crime PARAGRAPH 16: TREACHERY (ALEVOSIA)
crime is committed by is committed on the
means of any of such occasion of a calamity There is treachery when the offender
acts involving great or misfortune. commits any of the crimes against the person,
waste and ruin. employing means, methods or forms in the
execution thereof which tend directly and
PARAGRAPH 13: EVIDENT PREMEDITATION specially to insure its execution, without risk to
himself arising from the defense which the
The essence of premeditation is that offended party might make.
the execution of the criminal act must be
preceded by cool thought and reflection upon
the resolution to carry out the criminal intent REQUISITES:
during the space of time sufficient to arrive at a 1. That at the time of the attack, the victim was
calm judgment. not in a position to defend himself;
2. That the offender consciously adopted the
REQUISITES: particular means, method or form of the
1. Proof of the time when the offender attack employed by him.
determined to commit the crime;
2. An act manifestly indicating that the culprit Killing a child is characterized by treachery,
has clung to his determination; and because the weakness of the victim due to
3. A sufficient lapse of time between the his tender age results in the absence of any
determination and execution, to allow him to danger to the accused.
reflect upon the consequences of his act
and to allow his conscience to overcome the RULES ON TREACHERY:CODE: (PICTA)
resolution of his will. 1. Applicable only to crimes against persons
2. Means, methods, or forms need not insure
PARAGRAPH 14: CRAFT, FRAUD, OR accomplishment of crime.
DISGUISE 3. The mode of attack must be consciously
DEFINITIONS: adopted.
1. Craft - involves the use of intellectual 4. Must be present at the proper time.
trickery or cunning on the part of the 5. Treachery absorbs abuse of superior
accused. strength, aid of armed men, by a band and
2. Fraud - involves the use of insidious means to weaken the defense.
words and machination, used to induce
the victim to act in a manner, which
13
SUMMARY OF RULES WHEN TREACHERY IS criminals to avail themselves of minors taking

PRESENT: advantage of their irresponsibility; while the
a) When the aggression is continuous, second one is intended to counteract the great
treachery must be present in the beginning facilities found by modern criminals in said
of the assault (People vs Canete, 44 Phil means to commit crime, and then flee and
478); abscond once the same is committed.
b) When the assault was not continuous in that
there was an interruption, it is sufficient that PARAGRAPH 21: CRUELTY
treachery was present at the moment the
fatal blow was given (US vs Baluyot, 40 Phil ESSENCE:
385). THERE IS CRUELTY when the culprit
enjoys and delights in making his victim suffer
PARAGRAPH 17: IGNOMINY slowly and gradually, causing him unnecessary
physical pain in the consummation of the
DEFINITIONS: criminal act.
Ignominy - a circumstance pertaining to the
moral order, which adds disgrace and obloquy to REQUISITES:
the material injury caused by the crime. 1. That the injury caused be deliberately
It must tend to make the effects of the increased by causing other wrong;
crime more humiliating or to put the offended 2. That the other wrong be unnecessary for the
party to shame. execution of the purpose of the offender.
WHERE APPLICABLE: IGNOMINY VS. CRUELTY

This aggravating circumstance is applicable to: Ignominy (par. 17) involves moral suffering,
1. crimes against chastity; while cruelty (par. 21) refers to physical
2. less serious physical injuries; suffering.
3. light or grave coercion;
4. and murder. ART. 15 ALTERNATIVE
CIRCUMSTANCES
NOTE:
The Supreme Court considered Alternative circumstances are those,
ignominy in the crime of rape (People vs. which must be taken into consideration as
Torrefiel [45 O.G.8803], US vs. Iglesia [21 Phil aggravating or mitigating, according to the
155], People vs. Carmina [193 SCRA 429]) nature and effects of the crime and the other
conditions attending its commission.
PARAGRAPH 18: UNLAWFUL ENTRY
THE ALTERNATIVE CIRCUMSTANCES ARE:
There is unlawful entry when an (CODE: RID)
entrance is effected by a way not intended for 1. Relationship
the purpose. It must be a means to effect 2. Intoxication
entrance and not for escape. 3. Degree of instruction and education of the
offender
PARAGRAPH 19: BY A WALL, ROOF,
FLOORDOOR OR WINDOW BE BROKEN 1. RELATIONSHIP - The alternative
ETC. circumstance of relationship shall be taken into
consideration when the offended party is the
To be considered as an aggravating 1. spouse
circumstance, breaking the door must be 2. ascendant
utilized as a means to the commission of the 3. descendant
crime. The circumstance is aggravating only 4. legitimate, natural or adopted brother or
in those cases where the offender resorted sister, or relative by affinity in the same
to any of said means to enter the house. If degree, of the offender.
broken to get out of the place, it is not an
aggravating circumstance. The relationship of stepfather or stepmother
and stepson or stepdaughter is included by
PARAGRAPH 20: AID OF MINOR (UNDER analogy to that of ascendant and
15YEARS); OR BY MEANS OF MOTOR descendant.
VEHICLES, ETC.
WHEN MITIGATING AND WHEN
TWO DIFFERENT CIRCUMSTANCES ARE AGGRAVATING:
GROUPED IN THIS PARAGRAPH. The law is silent as to when mitigating and when
The first one tends to repress the aggravating.
frequent practice resorted to by professional
14
a. MITIGATING: As a rule, relationship is GRAVE AND LESS GRAVE FELONIES:

mitigating in crimes against property, by 1. Principals
analogy to Art. 332 regarding Persons 2. Accomplices
exempt from criminal liability. OF 3. Accessories
COURSE in view of Art. 332, when the
crime committed is: (a) theft, (b) estafa, LIGHT FELONIES:
or (c) malicious mischief, relationship is 1. Principals
exempting, and not merely mitigating. 2. Accomplices
b. AGGRAVATING: It is aggravating in
crimes against persons in cases where The classification of the offenders as
the offended is a relative of a higher principal, accomplice, or an accessory is
degree than the offender, or when the true only under the RPC but not in the
offender and the offended party are special laws because the penalties under
relatives of the same level. the latter are not graduated.
It is aggravating even if offended party is a Two parties in all crimes

descendant, if offense is physical injuries 1. ACTIVE subject (the criminal)
under Art. 263, except with regard to parents 2. PASSIVE subject (the injured party)
who inflict injuries to their children by reason
of excessive chastisement.
ART. 17. PRINCIPALS
In crimes against chastity, relationship is KINDS OF PRINCIPALS
always aggravating, regardless of whether 1. PRINCIPAL BY DIRECT PARTICIPATION -
the offender is a relative of a higher or lower personally takes part in the execution of the act
degree of the offended party. constituting the crime
REQUISITES:
However, relationship is neither mitigating 1. That they participated in the criminal
nor aggravating, when relationship is an resolution;
element of the offense. 2 That they carried out their plan and
personally took part in its execution by acts
2. INTOXICATION - By state of intoxication is which directly tended to the same end.
meant that the offenders mental faculties must
be affected by drunkenness. 2. PRINCIPAL BY INDUCTION - the principal by
induction becomes liable only when the principal
WHEN MITIGATING AND WHEN by direct participation committed the act
AGGRAVATING: induced.
1. Mitigating, if intoxication is (1) not habitual, TWO WAYS OF BECOMING A PRINCIPAL
or 2) not subsequent to the plan to commit a BY INDUCTION:
felony. 1. Directly forcing another to commit a crime,
2. Aggravating if intoxication is 1) habitual, or
2) if it is intentional (subsequent to the plan Two ways of directly forcing another to
to commit a felony). commit a crime:
1. by using irresistible force
3. DEGREE OF INSTRUCTION AND 2. by causing uncontrollable fear
EDUCATION OF THE OFFENDER
2. Directly inducing another to commit a
Low degree of instruction and education or crime
lack of it is generally mitigating. High Two ways of directly inducing another to
degree of instruction and education is commit a crime:
aggravating, when the offender availed 1. by giving price, or offering reward or
himself of his learning in committing the promise
crime. 2. by using words of command
Lack of instruction or low degree of it, is REQUISITES of #1 (Principal by

appreciated as mitigating circumstance in inducement, through giving price, etc):
almost all crimes. EXCEPT in crimes, which In order that a person maybe
are inherently wrong, of which every rational convicted as a principal by inducement,
being is endowed to know and feel. the following requisites must be present-
1. that the inducement be made
ART. 16. PERSONS WHO ARE directly with the intention of
CRIMINALLY LIABLE procuring the commission of the
crime; and
15
2. that such inducement be the 1. Participation in the criminal resolution,

determining cause of the that is, there is either anterior
commission of the crime by the conspiracy or unity of criminal purpose
material executor and intention immediately before the
commission of the crime charged; and
REQUISITES of #2 (Principal by 2. Cooperation in the commission of the
inducement, through words of offense by performing another act,
command): without which it would not have been
In order that a person using words accomplished
of command maybe held liable, the
following requisites must be present--- COLLECTIVE CRIMINAL RESPONSIBILITY
1. That the one uttering the words of (WHEN THERE IS CONSPIRACY)
command must have the intention of There is collective criminal responsibility
procuring the commission of the when the offenders are criminally liable in the
crime same manner and to the same extent. The
2. That the one who made the penalty to be imposed must be the same for all.
command must have an
ascendancy or influence over the INDIVIDUAL CRIMINAL RESPONSIBILITY
person who acted (WHEN THERE IS NO CONSPIRACY)
3. That the words used must be so The criminal responsibility arising from
direct, so efficacious, so powerful as different acts directed against one and the same
to amount to physical or moral person is individual and not collective, and each
coercion of the participants is liable only for the act
4. The words of command must be committed by him.
uttered prior to the commission of
the crime ART. I8. ACCOMPLICES
5. The material executor of the crime REQUISITES:
has no personal reason to commit CODE: (COMMUNITY COOPERATES
the crime previous supply RELATION)
1. That there be community of design; that is,
Principal by Offender who made knowing the criminal design of the principal
Inducement Proposal to Commit a by direct participation, he concurs with the
Felony latter in his purpose;
1. Becomes liable 2. The mere proposal 2. That he cooperates in the execution of the
only when the to commit a felony offense by previous or simultaneous acts,
crime is committed is punishable in but does not render him a principal by direct
by the principal by treason or participation or by indispensable
direct participation rebellion; the cooperation; and
person to whom 3. That there be a relation between the acts
the proposal is done by the principal and those attributed to
made should not the person charged as accomplice.
commit the crime,
otherwise, the ART. 19. ACCESSORIES
proponent
becomes a An accessory must have knowledge of the
principal by commission of the crime and having
inducement knowledge he took part subsequent to its
3. Inducement 2. The proposal must commission
involves any involve only
crime. treason or SPECIFIC ACTS OF ACCESSORIES:
rebellion (CODE: PROFIT, CONCEAL, HARBOR)
1. By profiting themselves or assisting the
EFFECT OF ACQUITTAL OF ONE OF THE offender to profit by the effects of the crime
CO-CONSPIRATORS TO THE OTHER CO- 2. By concealing or destroying the body of the
CONSPIRATORS: crime to prevent its discovery
As a rule, the acquittal of one of the co- 3. By harboring, concealing or assisting in the
conspirators redounds to the benefit of the other escape of the principal of the crime
co-conspirators EXCEPT when the acquittal is
due to circumstances personal to the accused. 2 CLASSES OF ACCESSORIES
CONTEMPLATED IN PAR. 3 OF ART. 19
2. PRINCIPALS BY INDISPENSABLE (i.e., HARBORING, etc):
COOPERATION (a) Public officers who harbor, conceal
REQUISITES: or assist in the escape of the principal of
16
any crime (not light felony) with abuse of 1. Productive of suffering, without however
his functions affecting the integrity of the human
()b Private persons who harbor, conceal or personality
assist in the escape of the author of the 2. Commensurate with the offense different
crime guilty of treason, parricide, crimes must be punished with different
murder, or an attempt against the life of penalties
the President, or who is known to be 3. Personal no one should be punished for
habitually guilty of some other crime the crime of another
4. Legal it is the consequence of a judgment
Under paragraphs 1 and 2, the accomplice according to law
and the accessory may be tried and 5. Certain no one may escape its effects
convicted even before the principal is found 6. Equal for all
guilty. However, under paragraph 3 7. Correctional
(harboring), the crime committed by and the
identity of the principal must be established Theories justifying penalty:
in a trial. (Ppl vs Barlam CA,59 O.G. 2474; 1. Self-defense to protect society from the
Ppl vs Ramos CA,62 O.G. 6860; Ppl vs Gaw threat and wrong inflicted by the criminal
Lin CA,63 O.G. 3821) 2. Reformation to correct and reform the
offender
ACCESSORY VS. PRINCIPAL AND 3. Exemplarity to serve as an example to
ACCOMPLICE deter others from committing crimes
1. The accessory does not take part or 4. Justice an act of retributive justice, a
cooperate in, or induce, the commission of vindication of absolute right and moral law
the crime; violated by the criminal
2. The accessory does not cooperate in the
commission of the offense by acts prior THREE-FOLD PURPOSE OF THE PENALTY
thereto or simultaneous therewith; UNDER THE RPC:
3. The participation of the accessory in all 1. Retribution or expiation the penalty is
cases always takes place after the commensurate with the gravity of the
commission of the crime. offense
2. Correction or reformation- as shown by the
ART. 20. ACCESSORIES WHO ARE rules which regulate the execution of the
EXEMPT FROM CRIMINAL LIABILITY penalties consisting in deprivation of liberty
SITUATIONS WHERE ACCESSORIES ARE 3. Social defense shown by its inflexible
NOT CRIMINALLY LIABLE: severity to recidivists and habitual
1. When the felony committed is a light felony; delinquents
and
2. When the accessory is related to the ART. 22. RETROACTIVE EFFECT OF
principal as spouse, or as an ascendant, or PENAL LAWS
descendant or as a brother or sister, GENERAL RULE:
whether legitimate, natural, or adopted, or PROSPECTIVE APPLICATION
where the accessory is a relative by affinity EXCEPTION:
within the same degree, unless the WHEN FAVORABLE TO THE ACCUSED WHO
accessory himself profited from the effects IS NOT A HABITUAL CRIMINAL
or proceeds of the crime or assisted the
offender to profit thereon. AN EX POST FACTO LAW IS ANY ONE
WHICH: (CODE: CAPE Civil Protection)
PD 1829: Penalizes the act of any person who 1. Makes criminal an act done before the
knowingly or willfully obstructs, impedes, passage of the law, and which was innocent
frustrates or delays the apprehension of when done, and punishes such an act;
suspects and the investigation and 2. Aggravates a crime, or makes it greater than
prosecution of criminal cases. NOTE: The it was, when committed;
benefit of the above mentioned exception in 3. Changes the punishment and inflicts a
Article 20 of the RPC does not apply to greater punishment than the law annexed to
PD1829. the crime when committed;
4. Alters the legal rules of evidence, and
PENALTIES authorizes conviction upon less or different
DEFINITION: testimony that the law required at the time of
Penalty - is the suffering that is inflicted by the the commission of the offense;
State, for the transgression of a law; in its 5. Assuming to regulate civil rights and
general sense, it signifies pain. remedies only, in effect imposes penalty or
deprivation of a right for something which
Different juridical conditions of penalty: when done was lawful; and
17
6. Deprives a person accused of a crime of 2. Reclusion Perpetua;

some lawful protection to which he has 3. Perpetual absolute disqualification;
become entitled, such as the protection of a 4. Public censure.
former conviction or acquittal, or a
proclamation of amnesty 2. Accessory penalties those that are
ART. 23. EFFECT OF PARDON BY THE deemed included in the imposition of the
OFFENDED PARTY principal penalties
As a rule, a pardon by the offended
party does not extinguish criminal action, except This article classifies penalties according to
as provided under Art. 344 of RPC. their gravity:
1. Capital
Two classes of injuries caused by an offense: 2. Afflictive
3. Correctional
SOCIAL INJURY PERSONAL INJURY
4. Light
1. Produced by the 1. Caused to the
disturbance and victim of the crime,
This corresponds to the classification of
alarm who suffered
felonies according to their gravity under Art.
damage
9:
2. Repaired through 2. Repaired through
1. Grave
the imposition of indemnity which is
2. Less grave
the corresponding civil in nature
3. Light
penalty
3. The offended party 3. The offended party
cannot pardon the may waive it and ART. 29. PERIOD OF PREVENTIVE
offender so as to the state has no IMPRISONMENT DEDUCTED FROM
relieve him of the reason to insist on TERM OF IMPRISONMENT
penalty its payment
OFFENDERS NOT ENTITLED TO THE FULL
ART. 24. MEASURES OF PREVENTION TIME OR FOUR-FIFTHS OF THE TIME OF
OR SAFETY WHICH ARE NOT PREVENTIVE IMPRISONMENT:
1. Recidivists or those convicted previously
CONSIDERED PENALTIES -
twice or more times of any crime.
THE FOLLOWING ARE NOT CONSIDERED
2. Those who upon being summoned for the
PENALTIES:
execution of their sentence, failed to
1. The arrest and temporary detention of
surrender voluntarily
accused persons, as well as their detention
by reason of insanity or imbecility or illness
requiring their confinement in a hospital;
ARTS. 30 35. EFFECTS OF PENALTIES
2. The commitment of a minor to any of the
institutions mentioned in Art. 80 (now Art. ART. 36. PARDON; ITS EFFECTS
192 PD603) for the purposes specified
therein; EFFECTS OF PARDON BY THE PRESIDENT
3. Suspension from the employment or public 1. A pardon shall not restore the right to hold
office during the trial or in order to institute public office or the right of suffrage.
proceedings; EXCEPT; when any or both such rights is or
4. Fines and other corrective measures which, are expressly restored by the terms of the
in the exercise of their administrative pardon;
disciplinary powers, superior officials may 2. It shall not exempt the culprit from the
impose upon their subordinates; and payment of the civil indemnity.
5. Deprivation of rights and reparations which
the civil laws may establish in penal form. LIMITATIONS UPON THE EXERCISE OF
THE PARDONING POWER
ART. 25. PENALTIES WHICH MAY BE 1. That the power can be exercised only after
IMPOSED conviction;
2. That such power does not extend to cases
CLASSIFICATION OF PENALTIES: of impeachment.
1. Principal penalties those expressly
imposed by the court in the judgment of A presidential pardon affects only the
conviction. principal penalty and not the accessory
penalties, unless the same are expressly
Principal Penalties According to Divisibility: remitted in the pardon.
a. Divisible
b. Indivisible. These are:
1. Death; Pardon by the Chief Pardon by the
18
Executive Offended Party 2. The proceeds and instruments or tools of

1. Extinguishes the 1. Does NOT the crime are confiscated and forfeited in
criminal liability of extinguish the favor of the Government
the offender criminal liability of 3. Property of a third person who is not liable
the offender for the offense, is not subject to confiscation
2. Cannot include 2. Offended party can and forfeiture
civil liability which waive the civil 4. Property not subject of lawful commerce
the offender must liability which the (whether it belongs to the accused or to a
pay offender must pay third person) shall be destroyed
3. Granted only 3. Pardon should be
AFTER given BEFORE THE
CONVICTION, INSTITUTION of APPLICATION OF PENALTIES
and may be criminal
extended to any of prosecution, and ART. 46. PENALTY TO BE IMPOSED
the offenders must extend to UPON PRINCIPALS IN GENERAL
both/all offenders
GRADUATION OF PENALTIES:
ART. 37. COSTS WHAT ARE 1. BY DEGREES refers to (1) the stages of
INCLUDED execution (consummated, frustrated, or
The following are included in costs: attempted); and (2) the degree of the
1. Fees, and criminal participation of the offender
2. Indemnities, in the course of judicial (whether as principal, accomplice, or
proceedings accessory).
2. BY PERIODS refers to the proper period of
ART. 38. PECUNIARY LIABILITIES the penalty which should be imposed when
ORDER OF PAYMENT aggravating or mitigating circumstances
In case the property of the offender should attend the commission of the crime
not be sufficient for the payment of all his
pecuniary liabilities, the same shall be met in the ART. 47. IN WHAT CASES THE DEATH
following: PENALTY SHALL NOT BE
1. The reparation of the damage caused. IMPOSED
2. Indemnification of the consequential
damages. DEATH PENALTY IS NOT IMPOSED IN THE
3. Fine. FOLLOWING CASES:
4. Costs of proceedings. 1. UNDER AGE. When the offender is below
18 years of age at the time of the
ART. 39. SUBSIDIARY PENALTY commission of the crime.
Subsidiary penalty - is a subsidiary personal 2. OVER AGE. When the guilty person is more
liability to be suffered by the convict who has no than seventy (70) years of age
property with which to meet the fine, at the rate 3. NO COURT MAJORITY. When upon appeal
of one day for each eight pesos, subject to the or automatic review of the case by the
rules provided in Art. 39. Supreme Court, the vote of eight members
is not obtained for the imposition of the
There is no subsidiary penalty for non- death penalty.
payment of (a) the reparation of the damage
caused, (b) indemnification of the Automatic Review is available only in
consequential damages, and (c) the cost of cases where death penalty is imposed
the proceedings. (RA 7659).
Subsidiary penalty is not an accessory CRIMES PUNISHABLE BY DEATH UNDER RA

penalty, hence it must be specifically 7659
imposed by the court in its judgment. CODE:
(MURDER CARNAPPING TRIPP QQD PARK)
ART. 45. CONFISCATION AND 1. Murder
FORFEITURE OF THE PROCEEDS OR 2. Carnapping
INSTRUMENTS OF THE CRIME 3. Treason
OUTLINE OF THE PROVISION OF THIS 4. Rape
ARTICLE: 5. Infanticide
1. Every penalty imposed carries with it the 6. Plunder
forfeiture of the proceeds of the crime and 7. Parricide
the instruments or tools used in the 8. Qualified Piracy
commission of the crime 9. Qualified Bribery
19
10. Violation of Certain provisions of the 5. When the crimes involved cannot be legally
Dangerous Drugs Act complexed such as when the penal
11. Piracy in general and Mutiny on the High provision specially provides that the penalty
Seas or in the Philippines Waters for other felonies shall be in addition to the
12. Destructive Arson penalty imposed by this article.
13. Robbery with Violence Against or 6. Where one of the offenses is penalized by a
Intimidation of Persons special law
14. Kidnapping and Serious Illegal Detention
CONTINUED CRIME is a single crime,
ART. 48. COMPLEX CRIMES consisting of a series of acts, but all arising from
ONE CRIMINAL RESOLUTION; length of time in
Plurality of Crimes - consists in the successive the commission is immaterial.
execution, by the same individual, of different
criminal acts, upon any of which no conviction Real or Material Continued Crime
has yet been declared Plurality
1. There is a series 1. There is a series of
TWO TYPES OF PLURALITY OF CRIMES: of acts performed acts performed by
1. Formal or Ideal involves the same criminal by the offender the offender
intent resulting in two or more crimes but for 2. Each act 2. The different acts
which there is only one criminal liability. performed by the constitute only one
Ex: complex crimes under Art. 48 offender crime, all of the
constitutes a acts performed
2. Material or real refers to different criminal separate crime, arise from one
intents resulting in two or more crimes for each act is criminal resolution
each of which, the accused incurs criminal generated by a
liability. criminal impulse
Ex: falsification to conceal malversation
COMPLEX CRIME SSPECIAL COMPLEX
TWO KINDS OF COMPLEX CRIMES: CRIME
1. COMPOUND CRIME (delito compuesto) 1. The combination is 1. The combination of
a single act constitutes two or more grave generalized, that the offenses are
or less grave felonies. is, grave and/or fixed by law, e.g.,
REQUISITES: less grave; one robbery with rape
1. That only a single act is performed offense is
by the offender; necessary to
2. That the single act produces: (1) commit the other
two or more grave felonies, or (2) 2. The penalty for the 2. The penalty for the
one or more grave and one or more crime is not specified
less grave felonies, or (3) two or specific but for the combination of
more less grave felonies. most serious crimes is also
offense in the specific.
2. COMPLEX CRIME PROPER (delito maximum period.
complejo) an offense is a necessary
means for committing the other. ART. 59. PENALTY TO BE IMPOSED IN
REQUISITES: CASE OF FAILURE TO COMMIT THE
1. That at least two offenses are CRIME BECAUSE THE MEANS
committed; EMPLOYED OR THE AIMS SOUGHT ARE
2. That one or some of the offenses
IMPOSSIBLE
must be necessary to commit the
BASIS FOR THE IMPOSITION OF PROPER
other;
PENALTY:
3. That both or all of the offenses must
be punished under the same 1. Social danger; and
statute. 2. Degree of criminality shown by the offender
NO COMPLEX CRIME IN THE FOLLOWING

CASES: ART. 61. RULES OF GRADUATING
1. In case of a continued crime PENALTIES
2. When one offense is committed to conceal Art. 61 furnishes the graduation of
the other. penalties by degrees, while Art. 64 govern the
3. When the other crime is an indispensable graduation of penalties by periods.
part or an element of the other offense.
4. When the crimes are covered by the rules DIAGRAM OF THE APPLICATION OF
on absorption
20
ARTS. 50 TO 57: same title

CONSUM FRUSTRA ATTEMPTED As to the 2. The offender is 2. No period of time
MATED TED PERIOD of found guilty within between the
time the ten years from his former conviction
Prin 0 1 2 crimes are last release or and the last
Accom 1 2 3 committed last conviction conviction
Access 2 3 4 As to the 3. The accused 3. The second and
NUMBER of must be found the first offense is
crimes guilty the third found in the same
In this diagram, O represents the committed time or oftener of title
penalty prescribed by law in defining a crime, the crimes
which is to be imposed on the principal in a specified
As to their 4. An additional 4. If not offset by a
consummated offense, in accordance with the EFFECTS penalty is also mitigating
provisions of Art. 64. The other figures imposed circumstance,
represent the degrees to which the penalty must serves to increase
be lowered, to meet the different situations the penalty only to
the maximum
anticipated by law.
ART. 63. RULES FOR THE APPLICATION
ART. 62. EFFECTS OF THE
OF INDIVISIBLE PENALTIES
ATTENDANCE OF MITIGATING OR
OUTLINE OF THE RULES:
AGGRAVATING CIRCUMSTANCES AND 1. When the penalty is single indivisible, it shall
OF HABITUAL DELINQUENCY be applied regardless of any mitigating or
aggravating circumstances.
EFFECTS: 2. When the penalty is composed of two
1. Aggravating circumstances (generic and indivisible penalties, the following rules shall
specific) have the effect of increasing the be observed:
penalty, without however exceeding the (a) When there is only one aggravating
maximum period provided by law circumstance, the greater penalty shall
2. Mitigating circumstances have the effect of be imposed.
diminishing the penalty (b) When there is neither mitigating nor
3. Habitual delinquency has the effect, not only aggravating circumstances, the lesser
of increasing the penalty because of penalty shall be imposed.
recidivism which is generally implied in (c) When there is a mitigating circumstance
habitual delinquency, but also of imposing and no aggravating circumstance, the
an additional penalty lesser penalty shall be imposed.
(d) When both mitigating and aggravating
REQUISITES OF HABITUAL DELINQUENCY: circumstances are present, the court
CODE:(Convicted-CommittedConvicted- shall allow them to offset one another.
CommittedConvicted)
1. that the offender had been convicted of any ART. 64. RULES FOR THE APPLICATION
of the crimes of serious or less serious
OF PENALTIES, WHICH CONTAIN THREE
physical injuries, robbery, theft, estafa or
falsification (CODE: FRETSL) PERIODS
2. that after conviction or after serving his OUTLINE OF THE RULES:
sentence, he again committed, and, within 1. No aggravating, no mitigating- medium
10 years from his release or first conviction, period.
he was again convicted of any of the said 2. Only a mitigating circumstance- minimum
crimes for the second time period.
3. that after his conviction of, or after serving 3. Only an aggravating- maximum period.
sentence for the second offense, he again
committed, and, within 10 years from his last CASES IN WHICH MITIGATING AND
release or last conviction, he was again AGGRAVATING CIRCUMSTANCES ARE NOT
convicted of any of said offenses, the third CONSIDERED IN THE IMPOSITION OF
time or oftener. PENALTY:
1. When the penalty is single and indivisible
(except if privileged mitigating)
Habitual Recidivism
2. In felonies through negligence
Delinquency
As to the 1. The crimes are 1. It is sufficient that
3. The penalty to be imposed upon a Moro or
CRIMES specified the accused on other non-Christian inhabitants
committed the date of his 4. When the penalty is only a fine imposed by
trial, shall have an ordinance
been previously
convicted by final
5. When the penalties are prescribed by
judgment of special laws
another crime ART. 66. IMPOSITION OF FINES
embraced in the OUTLINE OF THE PROVISION:
21
1. The court can fix any amount of the fine ART. 72. PREFERENCE IN THE
within the limits established by law. PAYMENT OF CIVIL LIABILITIES
2. The court must consider: (1) the mitigating Civil liability is satisfied, by following the
and aggravating circumstances; and (2) chronological order of the dates of the final
more particularly, the wealth or means of the judgments.
culprit.
3. The court may also consider: (1) the gravity ART. 77. WHEN THE PENALTY IS A
of the crime committed; (2) the heinousness COMPLEX ONE COMPOSED OF THREE
of its perpetration; and (3) the magnitude of
DISTINCT PENALTIES
its effects on the offenders victims.
DEFINITION:
A complex penalty is a penalty prescribed by
ART. 68. PENALTY TO BE IMPOSED law composed of three distinct penalties, each
UPON A PERSON UNDER EIGHTEEN forming a period: the lightest of them shall be
YEARS OF AGE the minimum, the next the medium, and the
most severe the maximum period.
APPLICATION OF ART. 68:
This article is not immediately applicable to a INDETERMINATE SENTENCE LAW
minor under 18 years of age, because such Act No. 4103 as amended by Act No. 4225
minor, if found guilty of the offense charged, INDETERMINATE SENTENCE is a sentence
is not sentenced to any penalty. The with a minimum term and a maximum term
sentence is suspended and he is ordered which, the court is mandated to impose for the
committed to the reformatory institution, IF, benefit of a guilty person who is not disqualified
his application therefor is approved by the therefor, when the maximum imprisonment
court. exceeds one (1) year. It applies to both
This article applies to such minor if his violations of Revised Penal Code and special
application for suspension of sentence is penal laws.
DISAPPROVED OR if while in the
reformatory institution he becomes I. IF THE PENALTY IS IMPOSED BY THE
INCORRIGIBLE, in which case he shall be RPC:
returned to the court for the imposition of the a. The Maximum Term is that which could
proper penalty. be properly imposed under the RPC,
considering the aggravating and mitigating
ART. 70. SUCCESSIVE SERVICE OF circumstances,
SENTENCE b. The Minimum Term is within the range
THE THREE-FOLD RULE of the penalty one degree lower than that
1. THE MAXIMUM DURATION OF THE prescribed by the RPC, without considering
CONVICTS SENTENCE shall not be more the circumstances,
than three times the length of time
corresponding to the most severe of the BUT when there is a privileged mitigating
penalties imposed upon him. circumstance, so that the penalty has to be
2. But in no case to exceed 40 years. lowered by one degree, the STARTING
3. This rule shall apply only when the convict is POINT for determining the minimum term of
to serve 4 or more sentences successively. the indeterminate penalty is the penalty next
4. Subsidiary penalty forms part of the penalty. lower than that prescribed by the Code for
the offense.
DIFFERENT SYSTEMS OF PENALTY,
RELATIVE TO THE EXECUTION OF TWO OR II. IF THE PENALTY IS IMPOSED BY A
MORE PENALTIES IMPOSED ON ONE AND SPECIAL PENAL LAW
THE SAME ACCUSED
1. material accumulation system SIMPLY for special laws, it is anything within
No limitation whatever, and accordingly, the inclusive range of the prescribed penalty.
all the penalties for all the violations were Courts are given discretion and the
imposed even if they reached beyond the circumstances are not considered.
natural span of human life.
2. juridical accumulation system B. WHEN BENEFIT OF THE ISLAW IS NOT
Limited to not more than three-fold the APPLICABLE
length of time corresponding to the most severe The Indeterminate Sentence Law shall not apply
and in no case to exceed 40 years. This is to the following persons:
followed in our jurisdiction. 1. sentenced to death penalty or life
3. absorption system imprisonment
The lesser penalties are absorbed by 2. treason, or conspiracy or proposal to commit
the graver penalties. treason
22
3. misprision of treason, rebellion, sedition or 3. Even if a prisoner has already served the
espionage MINIMUM, but he is not fitted for release on
4. piracy parole, he shall continue to serve until the
5. habitual delinquents end of the MAXIMUM term.
6. escaped from confinement, or evaded
sentence THE CHILD AND YOUTH WELFARE
7. granted with conditional pardon by the
CODE
President, but violated the terms thereof
1. The purpose of Arts. 189 and 192 of the
8. maximum term of imprisonment do not
Child and Youth Welfare Code is to avoid a
exceeding 1 year
situation where JUVENILE OFFENDERS
9. sentenced to the penalty of destierro or
would commingle with ordinary criminals in
suspension only
prison.
2. If the court finds that the youthful offender
C. RELEASE OF THE PRISONER ON
committed the crime charged against him, it
PAROLE
shall DETERMINE the imposable penalty
The Board of Pardons and Parole may authorize
and the civil liability chargeable against him.
the release of a prisoner on parole, after he shall
3. The court may not pronounce judgment of
have served the minimum penalty imposed on
conviction and SUSPEND all further
him, provided that:
proceedings if, upon application of the
a. Such prisoner is fitted by his training for
youthful offender, it finds that the best
release,
interest of the public and that of the offender
.b There is reasonable probability that he will
will be served thereby.
live and remain at liberty without violating
4. The benefits of Article 192 of PD 603, as
the law,
amended, providing for suspension of
.c Such release will not be incompatible with
sentence, shall NOT APPLY TO (1) a
the welfare of society.
youthful offender who once enjoyed
suspension of sentence under its provisions,
D. ENTITLEMENT TO FINAL RELEASE AND
or (2) one who is convicted of an offense
DISCHARGE
punishable by death or life imprisonment.
If during the period of surveillance such paroled
5. The youthful offender shall be RETURNED
prisoner shall: (a) show himself to be a law-
to the committing court for the
abiding citizen and, (b) shall not violate any law,
pronouncement of judgment, when the
the Board may issue a final certification of
youthful offender (1) has been found
release in his favor, for his final release and
incorrigible; or (2) has willfully failed to
discharge.
comply with the conditions of his
rehabilitation programs; or (3) when his
E. SANCTION FOR VIOLATION OF
continued stay in the training institution
CONDITIONS OF THE PAROLE
would be inadvisable.
When the paroled prisoner shall violate any of
6. When the youthful offender has reached the
the conditions of his parole: (a) the Board may
age of TWENTY-ONE while in commitment,
issue an order for his arrest, and thereafter, (b)
the court shall determine whether
the prisoner shall serve the remaining unexpired
To DISMISS the case, if the youthful
portion of the maximum sentence for which he
offender has behaved properly and has
was originally committed to prison.
shown his capability to be a useful
member of the community; or
F. REASONS FOR FIXING THE MAXIMUM
To PRONOUNCE the judgment of
AND MINIMUM TERMS IN THE
conviction, if the conditions mentioned
INDETERMINATE SENTENCE
are not met.
The minimum and the maximum terms in the IS
7. In the latter case, the convicted offender
must be fixed, because they are the basis for the
may apply for PROBATION. In any case,
following:
the youthful offender shall be credited in the
1. Whenever a prisoner has: (a) served the
service of his sentence with the full time
MINIMUM penalty imposed on him, and (b) is
spent in actual commitment and detention.
fit for release as determined by the Board of
8. The final release of a youthful offender
Indeterminate Sentence, such Board may
based on good conduct as provided in Art.
authorize the release of the prisoner on
196 shall not obliterate his CIVIL LIABILITY
parole, upon terms and conditions prescribed
for damages
by the Board.
9. A minor who is ALREADY AN ADULT at the
2. But when the paroled prisoner violates any of
time of his conviction is not entitled to a
the conditions of his parole during the period
suspension of sentence
of surveillance, he may be rearrested to
serve the remaining unexpired portion of the
MAXIMUM sentence. PROBATION LAW OF 1976:
23
PD 968, AS AMENDED 1. Sentenced to serve a maximum of

imprisonment of more than 6 years.
A. CONCEPT 2. Convicted of subversion or any crime against
PROBATION is a disposition under which a the national security or the public order.
defendant after conviction and sentence is 3. Previously convicted by final judgment of an
released subject to conditions imposed by the offense punished by imprisonment of not less
court and to the supervision of a probation than 1 month and 1 day and/or a fine not more
officer. than P200.
4. Once placed on probation.
B. APPLICATION
This shall apply to all offenders except those H. CONDITIONS OF PROBATION
entitled to benefits under PD 603 and similar 2 KINDS OF CONDITIONS IMPOSED:
laws. .1Mandatory or general - once violated, the
probation is cancelled. They are:
C. RULES ON GRANT OF PROBATION a. Probationer Presents himself to the
1. After having convicted and sentenced a probation officer designated to undertake
defendant, the trial court MAY SUSPEND his supervision, at such place as may be
the execution of the sentence, and place the specified in the order, within 72 hours from
defendant on probation, upon receipt of order;
APPLICATION by the defendant within the b. He Reports to the probation officer at
period for perfecting an appeal. least once a month
2. Probation may be granted whether the 2. Discretionary or special additional
sentence imposes a term of imprisonment or conditions listed, which the courts may
a fine only. additionally impose on the probationer
3. NO application for probation shall be towards his correction and rehabilitation
entertained or granted if the defendant has outside prison. HOWEVER, the
PERFECTED AN APPEAL from the enumeration is not inclusive. Probation
judgment of conviction. statutes are liberal in character and enable
4. Filing of application for probation operates the courts to designate practically ANY term
as a WAIVER OF THE RIGHT TO APPEAL. it chooses, as long as the probationers
5. The application shall be filed with the trial Constitutional rights are not jeopardized.
court, and the order granting or denying Also, they must not be unduly restrictive of
probation shall NOT BE APPEALABLE. probationer, and not incompatible with the
6. Accessory penalties are deemed suspended freedom of conscience of probationer.
once probation is granted.
I. PERIOD OF PROBATION
D. POST-SENTENCE INVESTIGATION FOR HOW LONG MAY A CONVICT BE
The convict is not immediately placed on PLACED ON PROBATION?
probation. There shall be a prior investigation .1 If the convict is sentenced to a term of
by the probation officer and a determination by imprisonment of NOT more than one year,
the court. the period of probation shall not exceed two
years.
E. CRITERIA FOR PLACING AN OFFENDER 2. In all other cases, if he is sentenced to more
ON PROBATION than one year, said period shall not exceed
The Court shall consider: six years.
1. All information relative to the character, 3. When the sentence imposes a fine only and
antecedents, environment, mental, and the offender is made to serve subsidiary
physical condition of the offender. imprisonment, the period of probation shall
2. Available institutional and community be twice the total number of days of
resources. subsidiary imprisonment.
F. PROBATION SHALL BE DENIED IF THE J. ARREST OF PROBATIONER

COURT FINDS THAT: AND SUBSEQUENT DISPOSITIONS.
CODE: (CoRD) 1. At any time during probation, the court may
1. Offender is in need of correctional treatment issue a warrant for the ARREST of a
2. There is undue risk of committing another probationer for any serious violation of the
crime conditions of probation.
3. Probation will depreciate the seriousness of 2. If violation is established, the court may (a)
the offense committed REVOKE his probation, or (b) continue his
probation and MODIFY the conditions
G. DISQUALIFIED OFFENDERS: thereof. This order is not appealable.
THE BENEFITS OF THIS DECREE SHALL NOT 3. If revoked, the probationer shall SERVE the
BE EXTENDED TO THOSE: sentence originally imposed.
24
in favor of a single individual, and is usually

K. TERMINATION OF PROBATION exerted in behalf of certain classes of
The Court may order the final discharge of persons who are subject to trial but have not
the probationer upon finding that, he has yet been convicted.
fulfilled the terms and conditions of his 4. By ABSOLUTE PARDON; Pardon is an
probation. act of grace, proceeding from the power
L. EFFECTS OF TERMINATION OF entrusted with the execution of the laws,
PROBATION which exempts the individual on whom it is
1. Case is deemed terminated. bestowed from the punishment the law
2. Restoration of all civil rights lost or inflicts for the crime he has committed.
suspended.
3. Fully discharges liability for any fine PARDON AMNESTY
imposed. To 1. Includes any 1. A blanket
whom crime and is pardon to classes
Note that the probation is NOT coterminous granted exercised of persons or
with its period. There must first be an order individually by the communities who
issued by the court discharging the President may be guilty of
probationer. political offenses
When 2. Exercised 2. May be
ART. 83. SUSPENSION OF THE exer- when the person is exercised even
EXECUTION OF THE DEATH SENTENCE cised already convicted before trial or
Death sentence shall be suspended when the investigation is had
accused is a: Effects 3. Merely looks 3. Looks
1. Woman, while pregnant; FORWARD and BACKWARD and
2. Woman, within one (1) year after delivery; relieves the abolishes and puts
3. Person over seventy (70) years of age; offender from the into oblivion the
4. Convict who becomes insane, after final consequences of offense itself; it so
sentence of death has been pronounced. an offense of which overlooks and
he has been obliterates the
ART. 87. DESTIERRO convicted; it does offense with which
ONLY IN THE FOLLOWING CASES IS not work for the he is charged that
DESTIERRO IMPOSED: restoration of the the person released
CODE: (E-BCP) rights to hold public by amnesty stands
1. Death or serious physical injuries is caused office, or the right of before the law
or are inflicted, under exceptional suffrage, unless precisely as though
circumstances (Art. 247); such rights be he had committed
2. Failure to give bond for good behavior in expressly restored no offense
grave and light threats (Art. 284); by means of
3. Penalty for the concubine in concubinage pardon
(Art. 334); 4. Does not alter 4. Makes an ex-
4. When, after reducing the penalty by one or the fact that the convict no longer a
more degrees, destierro is the proper accused is a recidivist, because
penalty recidivist as it it obliterates the last
produces only the vestige of the crime
Although destierro does not constitute extinction of the
imprisonment, it is nonetheless a deprivation personal effects of
of liberty. Art. 29 is applicable in destierro. the penalty
5. Does not 5. Does not
ART. 89. HOW CRIMINAL LIABILITY IS extinguish the civil extinguish the civil
TOTALLY EXTINGUISHED liability of the liability of the
CRIMINAL LIABILITY IS TOTALLY offender offender
EXTINGUISHED: CODE(D SAAPP M) As a 6. Being a 6. Being by
matter PRIVATE ACT by Proclamation of the
1. By the DEATH of the convict as to personal
of the President, must
penalties; BUT as to pecuniary penalties, evidence Chief Executive
liability is extinguished only when the death be pleaded and with the
of the offender occurs before final judgment; proved by the concurrence of
2. By SERVICE OF SENTENCE; person pardoned Congress, is a
3. By AMNESTY, which completely PUBLIC ACT of
extinguishes the penalty and all its effects. which the courts
Amnesty is an act of the sovereign power should take notice
granting oblivion or a general pardon for a
past offense, and is rarely if ever exercised 5. By PRESCRIPTION OF THE CRIME;
Prescription of the Crime is the forfeiture
25
or loss of the right of the State to prosecute conditional pardon, terms of the
the offender, after the lapse of a certain the convict may be parole, the convict
time. ordered re- CANNOT BE
PENALTIES AND THEIR PRESCRIPTIVE arrested or re- PROSECUTED
PERIODS incarcerated by UNDER ART. 159
PENALTIES AND PRESCRIPTIVE the Chief of the RPC, he can
OFFENSES PERIOD Executive, or may be re-arrested and
Death, Reclusion 20 years be PROSECUTED re-incarcerated to
Perpetua, Reclusion under Art. 159 of serve the unserved
Temporal the Code portion of his
original penalty
Afflictive Penalties 15 years
Correctional penalties 10 years
Arresto Mayor 5 years 5. by PROBATION. Please see Probation Law.
Libel or other similar 1 year
offenses ART. 91. COMPUTATION OF
Oral Defamation and 6 months PRESCRIPTION OF OFFENSES
Slander by Deed SUMMARY OR RULES:
Light Offenses 2 months 1. The period of prescription shall commence
to run from the day on which the crime was
6. By PRESCRIPTION OF THE PENALTY; discovered by the offended party, the
Prescription of the Penalty is the loss or authorities, or their agents.
forfeiture of the right of the Government to 2. It shall be interrupted by the filing of the
execute the final sentence, after the lapse of complaint or information.
a certain time 3. It shall commence to run again when such
Conditions necessary: proceedings terminate without the accused
a.That there be final judgment; being convicted or acquitted, or are stopped
b.That the period of time prescribed by law for any reason not imputable to him.
for its enforcement has elapsed 4. The term or prescription will not run when
Usually caused by Evasion of Service of the offender is absent from the Philippines.
sentence
ART. 100. CIVIL LIABILITY OF A
7. By THE MARRIAGE OF THE OFFENDED PERSON GUILTY OF FELONY
WOMAN with the offender in the crimes of A CRIME HAS A DUAL CHARACTER:
rape, abduction, seduction, and acts of 1. As an offense against the State, because of
lasciviousness. In the crimes of rape, the disturbance of the social order; and
seduction, abduction, or acts of 2. As an offense against the private person
lasciviousness, the marriage, as provided injured by the crime, UNLESS it involves the
under Art. 344, must be contracted by the crime of treason, rebellion, espionage,
offender in good faith. contempt, and others wherein no civil liability
arises on the part of the offender, either
CRIMINAL LIABILITY IS PARTIALLY because there are no damages to be
EXTINGUISHED: compensated or there is no private person
1. By CONDITIONAL PARDON; injured by the crime
2. By COMMUTATION OF THE SENTENCE;
3. For GOOD CONDUCT ALLOWANCES ART. 102 SUBSIDIARY LIABILITY OF INN
which the culprit may earn while he is KEEPERS, TAVERNKEEPERS AND
serving sentence; PROPRIETORS OF ESTABLISHMENTS
4. By PAROLE; ELEMENTS under par. 1:
1. That the innkeeper, tavernkeeper or
Conditional Parole proprietor of establishment or his employee
Pardon committed a violation of municipal ordinance
1. May be given at 1. May be given after or some general or special police regulation;
any time after final the prisoner has 2. That a crime is committed in such inn,
judgment; is served the tavern or establishment;
granted by the minimum penalty; 3. That the person criminally liable is insolvent.
Chief Executive is granted by the
under the Board of Pardons ELEMENTS under par. 2:
provisions of the and Parole under 1. The guests notified in advance the
Administrative the provision of the innkeeper or the person representing him of
Code Indeterminate the deposit of goods within the inn or house;
Sentence Law 2. The guests followed the directions of the
2. For violation of the 2. For violation of the innkeeper or his representative with respect
26
to the care and vigilance over the goods;

3. Such goods of the guests lodging therein
were taken by robbery with force upon
things or theft committed within the inn or
house.
Art. 93. PRESCRIPTION OF PENALTIES

RULES:
1. The period shall begin to run from the date
when the culprit should evade the service of
his sentence.
2. It shall be interrupted if the defendant
should:
a) Give himself up,
b) Be captured,
c) Go to a foreign country with which the
Philippines has no extradition treaty, or
d) Commit another crime before the
expiration of the period of prescription.
ART. 104. WHAT IS INCLUDED IN CIVIL

LIABILITY
THREE CATEGORIES:
1. Restitution
2. Reparation of damage caused
3. And indemnification for consequential
damages
ART 110. SEVERAL AND SUBSIDIARY

LIABILITY OF PRINCIPALS,
ACCOMPLICES AND ACCESSORIES
1. Each within their respective class is liable in

solidum among themselves for their quotas
and subsidiarily for those of the other
persons liable.
2. Subsidiary liability is enforced: (a) first,
against the property of the principals; (b)
second, against that of the accomplices; and
(c) third, against that of the accessories.
3. The person who made the payment when
liability is in solidum or subsidiary liability
has been enforced, will have a right of action
against the others for the amount of their
respective shares.
-End of Book One-
27
BOOK TWO this is a separate and distinct offense.
CRIMES AGAINST NATIONAL SECURITY ART. 116- MISPRISION OF

AND THE LAW OF NATIONS TREASON
ELEMENTS:
ART. 114-TREASON 1. That the offender is a citizen of the
ELEMENTS: Philippines
1. That the offender owes allegiance to the 2. That he has knowledge of any conspiracy
Government of the Philippines against the Government
2. That there is a war in which the Phil. is 3. That the conspiracy is one to commit
involved treason
3. That the offender either (modes of 4. That he conceals or does not disclose and
committing) make known the same as soon as possible
a.) levies war against the government; or to the proper authority.
b.) adheres to the enemies, giving them full .
support Art. 116 does not apply when treason is
already committed and the accused does
Ways of being committed not report its commission.
1. Levying war
That there be an actual assembling of Offender is not punished as an accessory to
men for the purpose of executing a treason but as a principal in misprision.
treasonable design by force
2. Adherence to the enemy rendering him aid ART. 117- ESPIONAGE
and comfort TWO WAYS OF COMMITTING:
1) By entering, without authority, a warship,
AID/COMFORT means an act which fort, or military or naval establishment or
strengthens or tends to strengthen the enemy in reservation to obtain any information, plan or
the conduct of war against the traitors country other data of confidential nature relative to the
or any act which weakens or tends to weaken defense of the Phil.
the power of the traitors country to resist or to 2) By disclosing to the representative of a
attack the enemy foreign nation the contents of the articles, data,
or information referred to in the preceding
Ways of proving Treason: paragraph, which he had in his possession by
1. Two-witness rule reason of the public office he holds.
2. Confession of guilt in open court
COMMONWEALTH ACT 616 AN ACT
Treason absorbs crimes committed in TO PUNISH ESPIONAGE AND OTHER
furtherance thereof. OFFENSES AGAINST THE NATIONAL
SECURITY
Treason committed in a foreign country may
be prosecuted in the Philippines. (Art.2, Acts Penalized
RPC) 1. Unlawfully obtaining or permitting to be
obtained information affecting national defense
Treason by alien must be committed in the 2. Unlawfully disclosing information affecting
Phils. (EO 44). national defense
3. Disloyal acts or words in time of peace
Treason is a CONTINUOUS OFFENSE . 4. Disloyal acts or words in time war
5. Conspiracy to commit the preceding acts
ART. 115- CONSPIRACY & 6. Harboring or concealing violators of the Act.
PROPOSAL TO COMMIT TREASON
Committed when in time of war, two or more Espionage may be committed both in time of
persons come to an agreement and decide to peace and war.
commit it, or when one person proposes to
another: (1) to levy war against the Government, ART. 118- INCITING TO WAR OR
or (2) to adhere to the enemies and to give GIVING MOTIVES FOR REPRISALS
them aid and comfort. ELEMENTS:
1. That the offender performs unlawful or
As a general rule, conspiracy and proposal unauthorized acts; and
to commit a felony is not punishable 2. That such acts provoke or give occasion for
(ART.8). (a) a war involving or liable to involve the
Phils. or (b) expose Filipino citizens to
Two-witness rule does not apply because reprisals on their persons & property.
28
Philippine waters
ART. 119- VIOLATION OF
NEUTRALITY PD 532 (ANTI-PIRACY AND ANTI-
HIGHWAY ROBBERY LAW OF 1974)
ELEMENTS:
punishes the act of AIDING OR ABETTING
1. That there is a war in which the Phils. is not
PIRACY.
involved,
REQUISITES:
2. That there is a regulation issued by a
1. Knowingly aids or protects pirates;
competent authority for the purpose of
2. Acquires or receives property taken by such
enforcing neutrality, and
pirates, or in any manner derives any benefit
3. That the offender violates such regulation.
therefrom;
3. Directly or indirectly abets the commission of
ART. 120- CORRESPONDENCE piracy.
WITH HOSTILE COUNTRY
ELEMENTS: NOTE: Under PD 532, piracy may be committed
1. That it is made in time of war where the even by a passenger or member of the
Phils. is involved complement of the vessel
2. That the offender makes correspondence
with the: (a) enemy country or (b) territory MUTINY ON THE HIGH SEAS the
occupied by the enemy troops unlawful resistance to a superior, or the
3. That the correspondence is either: raising of commotions and disturbances on
a) prohibited by the Government, or board a ship against the authority of its
b) carried on in ciphers or conventional commander.
signs containing data which might be
useful to the enemy. ART. 123- QUALIFIED PIRACY
ELEMENTS:
ART. 121- FLIGHT TO ENEMYS 1. Whenever the offenders have seized the
COUNTRY vessel by boarding or firing upon the same
ELEMENTS: 2. Whenever the pirates have abandoned their
1. That there is a war in which the Phil. is victims without means of saving themselves
involved 3. Whenever the crime is accompanied by
2. That the offender owes allegiance to the murder, homicide, physical injuries, or rape
Government
3. That the offender attempts to flee or go to CRIMES referred to in the article pertain to
enemy country piracy and mutiny on the high seas
4. That going to enemy country is prohibited by
the competent authority REPUBLIC ACT 6235 AIRCRAFT
PIRACY/ HIJACKING
ART. 122- PIRACY IN GENERAL & ACTS PUNISHED:
MUTINY ON THE HIGH SEAS 1. usurping or seizing control of an aircraft of
Philippine registry while it is in flight;
ELEMENTS OF PIRACY: compelling the pilots thereof to change its
1. That a vessel is on high seas, course or destination
2. That the offenders are not members of its 2. usurping or seizing control of an aircraft of
complement or passengers of the vessel foreign registry, while within Philippine
3. That the offenders a) attack or seize the territory, compelling the pilots thereof to land
vessel or b) seize the whole or part of the in any part of Philippine territory
cargo of said vessel, its equipment or 3. carrying or loading on board an aircraft
personal belongings of its compliment or operating as a public utility passenger
passengers aircraft in the Philippines flammable,
corrosive, explosive or poisonous
HIGH SEAS any waters on the seacoast substances; and
which are without the boundaries of low-water 4. loading, shipping, or transporting on board a
mark, although such waters may be in the cargo aircraft operating as a public utility in
jurisdictional limits of a foreign Government. the Philippines, flammable, corrosive, or
poisonous substance if not done in
VESSEL any vessel or watercraft used for (a) accordance with the rules and regulations of
transport of passengers and cargo or (b) for the Air Transportation Office.
fishing.
Aircraft is IN FLIGHT from the moment all
Pursuant to Art 122 as amended by PD exterior doors are closed following
532: Piracy and Mutiny may be committed in embarkation until the same doors are again
29
opened for disembarkation. ART. 126- DELAYING RELEASE

ELEMENTS:
CRIMES AGAINST THE FUNDAMENTAL LAW 1. That the offender is a public officer or
OF THE STATE employee
All offenses in this Title are required to be 2. That there is a judicial or executive order for
committed by public officers except except the release of a prisoner or detention
Offending the religious feelings prisoner, or that there is a proceeding upon
a petition for the liberation of such person
ART. 124- ARBITRARY DETENTION 3. That the offender without good reason
ELEMENTS: delays (a) the service of the notice of such
1. That the offender is a public officer or order to the prisoner, (b) the performance
employee of such judicial or executive order for the
2. That he detains a person release of the prisoner or (c) the
3. That the detention is without legal grounds proceedings upon a petition for the release
of such person.
LEGAL GROUNDS FOR THE DETENTION OF
PERSONS: ART. 127- EXPULSION
1) The commission of the crime ELEMENTS:
2) Violent insanity or other ailment requiring 1. That the offender is a public officer or
compulsory confinement of the patient in a employee
hospital 2. That he expels any person from the Phil., or
compels a person to change his residence
ART. 125- DELAY IN THE DELIVERY 3. That the offender is not authorized to do so
OF DETAINED PERSONS TO THE by law
PROPER JUDICIAL AUTHORITIES Only the President of the Phils. is authorized
ELEMENTS: to deport aliens under the Revised
1. That the offender is a public officer or Administrative Code.
employee
2. That he has detained a person for some Only the court by a final judgement can
legal ground ( Sec. 5, Rule 113, Rules of order a person to change residence
Court)
3. That he fails to deliver such person to
the proper judicial authorities within: VIOLATION OF DOMICILE (ARTS. 128-130)
12 hrs. for light penalties or their equivalent.
18 hrs. for correctional penalties or their ART. 128-VIOLATION OF DOMICILE
equivalent PUNISHABLE ACTS: (CODE SER)
36 hrs. for afflictive penalties or their equivalent 1) Entering any dwelling against the will of the
owner
If the offender is a private individual the 2) Searching papers or other effects found
crime is ILLEGAL DETENTION under Art. therein without the previous consent of such
267 owner
3) Refusing to leave the premises, after
The detention is legal from the beginning but having surreptitiously entered said dwelling
becomes illegal after the lapse of the and after having been required to leave the
prescribed periods and no delivery is made same (offense is the refusal to leave and not the
to the proper judicial authoritites. entrance without consent)
Art. 125 is not applicable when the arrest is COMMON ELEMENTS:

by virtue of a warrant of arrest in which case 1. That the offender is public officer / employee
he can be detained indefinitely. 2. That he is not authorized by judicial order to
enter the dwelling and/ or to make a search
Person arrested may request for a for papers and for other effects
preliminary investigation but must sign a
waiver of Art. 125. QUALIFYING CIRCUMSTANCES:
1) If committed at nighttime
Shall fail to deliver to proper authorities 2) If any papers or effects, not constituting
means filing of an information against the evidence of a crime are not returned
person arrested with the corresponding immediately after a search is made by the
court or judge offender.
ART. 129- SEARCH WARRANTS
30
MALICIOUSLY OBTAINED AND ABUSE 1. That the offender is a public

IN THE SERVICE OF THOSE LEGALLY officer/employee,
2. That religious ceremonies or manifestations
OBTAINED of any religion are about to take place or are
PUNISHABLE ACTS: going on, and
1. Procuring a search warrant without just 3. That the offender prevents/disturbs the
cause same.
2. Exceeding his authority or by using
unnecessary severity in executing a search Qualified by violence or threats
warrant legally procured
If the prohibition or disturbance is committed
If search warrant is secured through false only in a meeting or rally of a sect, it would
affidavit, the crime punished by this article be punishable under Art.131.
cannot be complexed but will be a
separate crime from perjury since the
ART. 133- OFFENDING RELIGIOUS
penalty herein provided shall be in
addition to the penalty of perjury. FEELINGS
ELEMENTS:
ART. 130- SEARCHING DOMICILE 1. That the acts complained of were performed
(a) in a place devoted to religious worship
WITHOUT WITNESSES [not necessary that there is religious
ELEMENTS: worship] or (b) during the celebration of any
1. That the offender is a public officer/ religious ceremony,
employee 2. That the acts must be notoriously offensive
2. That he searches the domicile, papers or to the feelings of the faithful.
other belongings of any person
3. That he is armed with a warrant May be committed by a public officer or a
4. That the owner or any member is his family, private individual
or two witnesses residing in the same
locality are not present CRIMES AGAINST PUBLIC ORDER
(ARTS. 134-160)
ART.131-PROHIBITION, ART. 134-
INTERRUPTION, & DISSOLUTION OF REBELLION/INSURRECTION
PEACEFUL MEETINGS ELEMENTS:
PUNISHABLE ACTS: 1) That there be a) public uprising and
1. Prohibiting or interrupting, without legal b) taking arms against the Government.
ground the holding of a peaceful meeting, or by 2) For the purpose of:
dissolving the same a) Removing from the allegiance to said
2. Hindering any person from joining any lawful Government or its laws
association or from attending any of its meetings i. The territory of the Phils.
3. Prohibiting or hindering any person from ii. Any body of land, naval or other
addressing, either alone or together with others, armed forces or
any petition to the authorities for the correction b) Depriving the Chief executive or
of abuses or redress of grievances Congress, wholly or partially, of any of
their powers or prerogatives.
COMMON ELEMENTS:
1) That the offender is a public officer ART. 134-A- COUP DETAT
2) That he performs any of the acts mentioned 1. How - by a swift attack, accompanied by
above violence, intimidation, threat, strategy or
stealth (CODE VITSS)
there is no legal ground to prohibit when the 2. Against whom duly constituted authorities
danger is not imminent and the evil to be of the Republic, military camp or installation,
prevented is not a serious one communication networks, public utilities, or
other facilities needed for the exercise and
offender must be a stranger, and not a continued possession of power (CODE AM
participant CUF)
3. Where singly or simultaneously carried out
anywhere in the Philippines
CRIMES AGAINST RELIGIOUS WORSHIP 4. By whom by any person or persons,
(ARTS. 132 & 133) belonging to the military or police or holding
ART. 132- INTERRUPTION OF any public office or employment, with or
RELIGIOUS WORSHIP without civilian support or employment
ELEMENTS: 5. Purpose to seize or diminish state power
31
Indeterminate Sentence Law is not upon the person or property of any

applicable public officer/employee.
ART. 135- PENALTY FOR d) To commit, for any political or social
REBELLION OR INSURRECTION OR end, any act of hate or revenge against
private persons or any social class.
COUP DETAT e) To despoil, for any political or social end,
PERSONS LIABLE: any person or the government of all its
1. Persons who promote, maintain or head property or any part thereof.
2. Persons who participate or execute
commands of others TUMULTUOUS if caused by more than
three persons who are armed or provided
ART. 136- CONSPIRACY & with the means of violence
PROPOSAL TO COMMIT REBELLION ,
INSURRECTION OR COUP D ETAT ART. 140- PENALTY FOR SEDITION
PERSONS LIABLE:
An instance where the law punishes 1) The leader of the sedition
preparatory acts. 2) Other persons participating in the sedition
ART. 137- DISLOYALTY OF PUBLIC ART. 141- CONSPIRACY TO

OFFICERS /EMPLOYEES COMMIT SEDITION
PUNISHABLE ACTS: Only Conspiracy to commit sedition is
1) Failing to resist a rebellion by all means in punishable and not proposal to commit
their power sedition
2) Continuing to discharge the duties of their
office under the control of the rebels ART. 142- INCITING TO SEDITION
3) Accepting appointment to office under the Punishable Acts:
rebels 1) Inciting others to commit sedition by means
of speeches, proclamations, writings, emblems
The crime presupposes the existence of 2) Uttering seditious words or speeches which
rebellion by other persons; the offender tend to disturb the public peace
must not be in conspiracy with the rebels 3) Writing, publishing, or circulating scurrilous
(vulgar, mean, foul) libels against the
ART. 138- INCITING TO REBELLION Government or any of the duly constituted
/ INSURRECTION authorities
ELEMENTS:
1. That the offender does not take arms or is ELEMENTS OF ACT #1
not in open hostility against the Government 1. That the offender does not take direct part in
2. That he incites others to the execution of the crime of sedition
any of the acts of rebellion 1. That he incites others to the
3. That the inciting is done by means of accomplishment of any of the act
speeches, proclamations, writings, which constitute sedition
emblems, banners or other representations 2. That the inciting is done by means of
tending to the same end. (CODE speeches, proclamations, writings,
SPWEBO) emblems, cartoons, banners, or other
representations tending to the same end.
ART. 139- SEDITION
ACTS # 2 & 3 PUNISHABLE: when -
ELEMENTS: 1) They tend to disturb or obstruct any lawful
1. That the offenders rise a) publicly and b) officer in executing the functions of his office
tumultuously 2) They tend to instigate others to cabal and
2. That they employ force, intimidation, or other meet together for unlawful purposes
means outside of legal methods 3) They suggest or incite rebellious
3. That the offenders employ any of those conspiracies or riots
means to attain any of the ff. objects: 4) They lead or tend to stir up the people
a) To prevent the promulgation or against the lawful authorities or disturb the
execution of any law or the holding of peace of the community, the safety and order of
any popular election. the Government.
b) To prevent the government or any public
officer from freely exercising its or his Rules relative to seditious words:
functions, or prevent the execution of 1. The clear and present danger rule
any Administrative Order. 1. Dangerous tendency
c) To inflict any act of hate or revenge rule
32
armed or not, is incited to the commission of the

crime of treason, rebellion or insurrection,
sedition, or assault upon a person in authority
CRIMES AGAINST POPULAR PERSONS LIABLE IN ILLEGAL ASSEMBLY:

REPRESENTATION (ARTS. 143-145) 1. The organizers or leaders of the meeting
ART.143- ACTS TENDING TO 2. Persons merely present at the meeting
PREVENT THE MEETING OF THE
It is necessary that the audience is actually
ASSEMBLY AND SIMILAR BODIES incited. If in the meeting the audience is
ELEMENTS: incited to the commission of rebellion or
1. That there be a projected meeting or actual sedition, the crimes committed are ILLEGAL
meeting of the Natl Assembly or any of its ASSEMBLY as regards to the organizers or
committees or subcommittees, constitutional leaders or persons merely present and
commissions or committees or divisions, or INCITING TO REBELLION OR SEDITION
of any provincial board or city or municipal insofar as the one inciting them is concerned
council or board
2. That the offender who may be any person PRESUMPTIONS:
prevents such meeting by force or fraud If any person carries an unlicensed
firearm, it is presumed that:
ART. 144- DISTURBANCE OF 1) the purpose of the meeting insofar as he is
PROCEEDINGS concerned is to commit acts punishable under
ELEMENTS: the RPC, and
1. That there be a meeting of the Congress or 2) he is considered a leader or organizer of the
any of its committees or subcommittees, meeting.
constitutional commissions or committees,
or any provincial board or city or municipal ART. 147 ILLEGAL ASSOCIATIONS
council or board Prohibited Association
2. That the offender does any of the ff. acts: Association totally or partially organized for:
a. He disturbs any of such meetings. 1) the purpose of committing any of the crimes
b. He behaves while in the presence of punishable under the Code
any such bodies in such a manner as to 2) some purpose contrary to public morals
interrupt its proceedings or to impair the
respect due it. PERSONS LIABLE:
1) Founders, directors, and president of the
Congress may also punish for contempt. association.
2) Members of the association.
ART. 145 VIOLATION OF
PARLIAMENTARY IMMUNITY ASSAULT, RESISTANCE AND
Punishable Acts: DISOBEDIENCE TO PERSONS IN
1) Using force, intimidation, threats, or frauds AUTHORITY (Arts. 148-152)
to prevent any member from: ART. 152- PERSONS IN AUTHORITY
a. Attending the meetings of the Congress or & AGENTS OF PERSONS IN
any of its committees or subcommittees, AUTHORITY
constitutional commissions or committees
or divisions thereof Public Person in Agent of a
b. Expressing his opinions or Officer (PO) Authority (PA) Person in
c. Casting his vote Authority (APA)
2) Arresting or searching any member while Any person who One who is One who is
the Congress is in session, except in case such takes part in the directly vested charged with
performance of with jurisdiction. the
member has committed a crime punishable public functions maintenance of
under the Code by a penalty higher than prision in the public order and
mayor. government . the protection
and security of
ILLEGAL ASSEMBLIES AND ASSOCIATIONS life and property
(Arts. 146 & 147) 2. Any person
who comes to
ART. 146 ILLEGAL ASSEMBLIES the aid of a PA.
FORMS OF ILLEGAL ASSEMBLY:
1) Any meeting attended by armed persons for
the purpose of committing any of the crimes
ART. 148- DIRECT ASSAULTS
punishable under the Code
KINDS:
2) Any meeting in which the audience, whether
33
1. Simple assault 4) Restraining another from attending as a

2. Qualified assault witness in such legislative or constitutional body,
5) Inducing disobedience to summons or
TWO WAYS TO COMMIT: refusal to be sworn by any such body or official.
1. Without public uprising, by employing
force or intimidation for the attainment of any of ART. 151- RESISTANCE &
the purposes enumerated in defining the crimes DISOBEDIENCE TO A PERSON IN
of sedition & rebellion
AUTHORITY OR THE AGENTS OF SUCH
offended party need not be a person in PERSON
authority or his agent, he may be a private ELEMENTS OF RESISTANCE & SERIOUS
individual if the object is to attain an object DISOBEDIENCE:
of sedition 1. That a person in authority or his agent is
engaged in the performance of official duty
2. Without public uprising, by attacking, by or gives a lawful order to the offender
employing force or seriously intimidating or by 2. That the offender resists or seriously
seriously resisting any person in authority (PA) disobeys such person in authority or his
or any of his agents (APA), while engaged in the agent
performance of official duties, or on the occasion 3. That the act of the offender is not included
of such performance. in the provisions of Arts. 148-150
DIRECT ASSAULT IS QUALIFIED WHEN: ELEMENTS OF SIMPLE DISOBEDIENCE:

1. Committed with a weapon 1. That an APA is engaged in the performance
2. Offender is a public officer or employee of official duty or gives a lawful order to the
3. Offender lays hands upon a person in offender,
authority 2. That the offender disobeys such APA,
3. That such disobedience is not of a serious
nature.
Additional penalty for attacking ambassador
or minister (R.A. 75) DIRECT ASSAULT RESISTANCE
The PA or APA must Only in actual
Knowledge of the accused that the victim is be engaged in the performance of duties
a PA or APA is essential performance of official
duties or that he is
ART. 149- INDIRECT ASSAULT assaulted by reason
ELEMENTS: thereof
1. That an APA is the victim of any of the forms There is force Use of force is not
of direct assault defined in Art. 148 employed so serious
2. That a person comes to the aid of the APA
3. That the offender makes use of force or
intimidation upon such person coming to the
aid of the APA. CRIMES AGAINST PUBLIC DISORDERS
(ARTS. 153-156)
ART. 153- TUMULTS & OTHER
ART. 150- DISOBEDIENCE TO DISTURBANCES OF PUBLIC ORDER
SUMMONS ISSUED BY THE NATL PUNISHABLE ACTS:
ASSEMBLY, ITS COMMITTEES OR 1) Causing any serous disturbance in a public
SUBCOMMITTEES, BY THE CONST. place, office or establishment
2) Interrupting or disturbing public
COMMISSION, ITS COMMITTEES,
performances, functions or gatherings, or
SUBCOMMITTEES OR DIVISIONS peaceful meetings, if the act is not included in
PUNISHABLE ACTS: Arts. 131-132.
1) Refusing, without legal excuse, to obey 3) Making an outcry tending to incite rebellion
summons of Congress, or any commission or or sedition in any meeting, association or public
committee chairman or member authorized to place
summon witnesses, 4) Displaying placards or emblems which
2) Refusing to be sworn or placed under provoke a disturbance of public order in such
affirmation while before such legislative or place
constitutional body or official, 5) Burying with pomp the body of a person who
3) Refusing to answer any legal inquiry or to has been legally executed
produce any books, papers, documents, or
records in his possession, when required by
them to do so in the exercise of their functions,
34
Serious disturbance must be planned or penal establishment (detention included)

intended 2. That the offender removes such person, or
helps the escape of such person
OUTCRY to shout spontaneously, KINDS OF EVASION OF SERVICE OF

subversive or provocative words tending to SENTENCE (ARTS. 157-159)
stir up the people to obtain by means of ART.157- EVASION OF SERVICE OF
force or violence any of the objects of SENTENCE
rebellion or sedition
ELEMENTS:
1. That the offender is a convict by final
ART. 154- UNLAWFUL USE OF judgement
MEANS OF PUBLICATION & 2. That he is serving his sentence, which
UNLAWFUL UTTERANCES consists in deprivation of liberty
Punishable Acts: 3. That he evades the service of his sentence
1) Publishing or causing to be published as by escaping during the term of his sentence.
news any false news which may endanger the
public order, or cause damage to the interest or CIRCUMSTANCES QUALIFYING THE
credit of the State OFFENSE:
2) Encouraging disobedience to the law or to 1) By means of unlawful entry
the constituted authorities or by praising, 2) By breaking doors, windows, gates, walls,
justifying or extolling any act punished by law, by roofs or floors
the same means or by words, utterances or 3) By using picklocks, false keys, disguise,
speeches deceit, violence, or intimidation
3) Maliciously publishing or causing to be 4) Through connivance with other convicts or
published any official resolution or document employees of the penal institution
without authority, or before they have been
published officially ART. 158- EVASION OF SENTENCE
4) Printing, publishing or distributing (or ON THE OCCASION OF DISORDERS,
causing the same) books, pamphlets, CONFLAGRATIONS, EARTHQUAKES,
periodicals, or leaflets which do not bear the real
printers name, or which are classified as OR OTHER CALAMITIES
anonymous ELEMENTS:
1. That the offender is a convict by final
judgement, and is confined in a penal
ART. 155- ALARMS & SCANDALS
institution
Punishable Acts:
2. That there is disorder, resulting from;
1) Discharging any firearm, rocket, firecracker,
a. Conflagration
or other explosive within any town or public
b. Earthquake
place, calculated to cause alarm or danger
c. Explosion
(should not be aimed at a person otherwise
d. similar catastrophe
illegal discharge of firearm under Art. 254)
e. mutiny in which he has not participated
2) Instigating or taking an active part in any
3. That the offender leaves the penal institution
charivari or other disorderly meeting offensive to
where he is confined, on the occasion of
another or prejudicial to public tranquility
such disorder or during the mutiny
3) Disturbing the public peace while wandering
4. That the offender fails to give himself up to
about at night or while engaged in any other
the authorities within 48 hrs. following the
nocturnal amusements
issuance of a proclamation by the Chief
4) Causing any disturbance or scandal in
Executive announcing the passing away of
public places while intoxicated or otherwise,
such calamity.
provided Art. 153 is not applicable
CHARIVARI - includes a medley of ART. 159- OTHER CASES OF

discordant voices, a mock serenade of EVASION OF SENTENCE
discordant noises made on kettles, tin, (CONDITIONAL PARDON)
horns, etc. designed to annoy or insult ELEMENTS:
1. That the offender was a convict
If the disturbance is of a serious nature, the 2. That he was granted a conditional pardon by
case will fall under Art. 153 the Chief Exec.
3. That he violated any of the conditions of
ART. 156- DELIVERING PRISONERS such pardon
FROM JAILS
ELEMENTS: Violation of conditional pardon is a distinct
1. That there is a person confined in a jail or crime
35
signature or stamp
Offender can be arrested and reincarcerated
without trial in accordance with Sec. 64(I)
of the RAC
ART. 160- COMMISSION OF CRIMES UNDER COUNTERFEITING COINS
ANOTHER CRIME DURING THE (ARTS. 163-165)
ART. 163- MAKING AND
SERVICE OF PENALTY IMPOSED FOR
IMPORTING AND UTTERING FALSE
ANOTHER PREVIOUS OFFENSE
COINS
(QUASI-RECIDIVISM)
ELEMENTS:
ELEMENTS OF QUASI-RECIDIVISM:
1. That there be false or counterfeited coins
1. That the offender was already convicted by
2. That the offender either made, imported or
final judgement
uttered such coins
2. That he committed a new felony before
3. That in case of uttering such false or
beginning to serve such sentence or while
counterfeited coins, he connived with the
serving the same
counterfeiters or importers
WHO CAN BE PARDONED: Coins withdrawn from circulation may be
1) At the age of 70, if he shall have already counterfeited
served out his original sentence (and not a
habitual criminal) or
ART. 164- MUTILATION OF COINS-
2) When he shall have completed it after
reaching the said age, unless by reason of his IMPORTATION & UTTERANCE OF
conduct or other circumstances he shall not be MUTILATED COINS
worthy of such clemency. PUNISHABLE ACTS:
1. Mutilating coins of the legal currency, with
As distinguished from REITERACION the further requirement that there be intent
(habituality) which requires that the offender to damage or to defraud another
against whom it is considered shall have 2. Importing or uttering such mutilated coins,
served out his sentence for the prior with the further requirement that there must
offenses. be connivance with the mutilator or importer
in case of uttering
Cannot be offset by ordinary mitigating
circumstances Mutilation of foreign currency not included
Coins must be of legal tender

CRIMES AGAINST PUBLIC INTEREST (ARTS.
161-189) ART. 165- SELLING OF FALSE OR
CRIMES CALLED FORGERIES MUTILATED COIN WITHOUT
(ARTS. 161-174)
CONNIVANCE
ART. 161- COUNTERFEITING THE
SEAL OF THE GOVERNMENT, THE
Punishable Acts
POSSESSION UTTERING
SIGNATURE, OR THE STAMP OF THE ELEMENTS: ELEMENTS:
CHIEF EXEC. a. Possession a. Actually
Punishable Acts: b. With intent to uttering.
1. Forging the Great Seal of the Government of utter b. Knowledge
the Phil. c. Knowledge
2. Forging the signature of the President
3. Forging the stamp of the President
Does not require legal tender
ART. 162- USING FORGED
SIGNATURE OR COUNTERFEIT SEAL ART. 166- FORGING TREASURY OR
OR STAMP BANK NOTES OR OTHER DOCUMENTS
ELEMENTS: PAYABLE TO THE BEARER;
1. That the Great Seal of the Republic was IMPORTING AND UTTERING SUCH
counterfeited or the signature or stamp of
FALSE OR FORGED NOTES AND
the Chief Executive was forged by another
person DOCUMENTS
2. That the offender knew of the counterfeiting Punishable Acts:
of forgery 1) Forging or falsification of treasury or bank
3. That he used the counterfeit seal or forged notes or other documents payable to bearer
36
2) Importation of such false or forged public intervened

obligations or notes 2) Official issued by a public official in the
3) Uttering of such false or forged obligations exercise of the functions of his office; also a
or notes in connivance with the forgers or public document.
importers 3) Commercial- defined and regulated by the
Counterfeiting of paper bills is covered by Code of Commerce or other commercial law
this felony (see People vs. Valencia) 4) Private- a deed or instrument executed by a
private person without the intervention of a
ART. 167-COUNTERFEITING, notary public or other person legally authorized,
IMPORTING, & UTTERING by which document, some disposition of
agreement is proved, evidenced or set forth
INSTRUMENTS NOT PAYABLE TO THE
BEARER Importance of Classification:
ELEMENTS: 1) In private documents, criminal liability will
1. That there be an instrument payable to order not arise unless there is damage caused to third
or other such document of credit not payable person.
to bearer 2) In public or commercial documents, criminal
2. That the offender either forged, imported or liability can arise although no third person
uttered such instrument suffered damage.
3. That in case of uttering, he connived with
the forger or importer. ART. 170-FALSIFICATION OF
LEGISLATIVE DOCUMENTS
ART.168- ILLEGAL POSSESSION & ELEMENTS:
USE OF FALSE TREASURY OR BANK 1. That there be a bill, resolution or ordinance
NOTES AND OTHER INSTRUMENTS OF enacted or approved or pending approval by
CREDIT the Natl Assembly or any provincial board or
ELEMENTS: municipal council
1. That any of said instruments is forged or 2. That the offender alters the same
falsified by another person 3. That he has no proper authority
2. That the offender knows that any of those 4. That the alteration has changed the
instruments is forged or falsified meaning of the document.
3. That he performs any of these acts :
a. Using any of such forged or falsified ART. 171- FALSIFICATION BY
instruments PUBLIC OFFICER, EMPLOYEE; OR
b. Possession with intent to use of any of NOTARY OR ECCLESIASTICAL
such forged or falsified instruments
MINISTER
ELEMENTS:
ART. 169- HOW FORGERY IS 1. That the offender is a public officer,
COMMITTED employee or notary public
1) By giving a treasury or bank note or any 2. That he takes advantage of his official
instrument payable to bearer or to order position
mentioned therein, the appearance of a true and REQUISITES:
genuine document a. He has a duty to make or prepare or
2) By erasing, substituting, counterfeiting or otherwise to intervene in the preparation
altering the figures, letters, words, or sign of the document
contained therein b. He has official custody of the document
which he falsifies
Forgery includes falsification & 3. That he falsifies a document by committing
counterfeiting any of the ff. acts:
a. Counterfeiting or imitating any
handwriting, signature or rubric
CLASSES OF FALSIFICATION b. Causing it to appear that persons have
(ARTS. 170-173) participated in any act or proceeding
The crime of falsification must involve a when they did not in fact so participate
writing which is a document in the legal c. Attributing to persons who have
sense. participated in an act or proceeding
statements other than those in fact
CLASSIFICATION OF DOCUMENTS: made by them
1) Public (a) document created, executed or d. Making untruthful statements in a
issued by a public official in response to narration of facts
exigencies of the public service, (b) or in the e. Altering true dates
execution of which a public official or notary f. Making any alteration or intercalation in
37
a genuine document which changes its falsification, an act

meaning independent of
g. Issuing in authenticated form a falsification is required,
document purporting to be a copy of an to show intent to
original document when no such original defraud.
exists, or including in such copy a
statement contrary to, or different from ART. 172 ART. 171
that of the genuine original the prejudice to a third prejudice to third
h. Intercalating any instrument or note party is taken into person is immaterial;
relative to the issuance in a protocol, account so that if what is punished is the
registry or official book damage is not violation of public faith
apparent, or at least if and the perversion of
Genuine document in pars. f,g,h is with no intent to cause truth
necessary. it, the falsification is
not punishable
Falsification may be committed by
simulating or fabricating a document in ART. 173- FALSIFICATION OF
paragraphs a to e
WIRELESS, CABLE, TELEGRAPH, &
PERSONS LIABLE: TEL. MESSAGES, & USE OF SAID
1) Any public officer, employee or notary public FALSIFIED MESSAGES
2) Ecclesiastical minister, when the falsification PUNISHABLE ACTS:
may affect the civil status of persons 1) Uttering fictitious wireless, telegraph or
telephone messages
ART. 172-FALSIFICATION BY 2) Falsifying wireless, telegraph or tel.
PRIVATE INDIVIDUALS & USE OF messages
3) Using such falsified message
FALSIFIED DOCUMENTS
Punishable Acts:
1) Falsification of public, official, or ART. 174- FALSE MEDICAL
commercial document by a private individual CERTIFICATES, FALSE CERTIFICATES
or by a public officer, employee or notary public OF MERIT OR SERVICE
who does not take advantage of his official PERSONS LIABLE:
position 1) Physician or surgeon who, in connection
Damage or intent to cause damage is not with the practice of his profession, issued a false
necessary in this paragraph. certificate
2) Public officer who issued a false certificate
2) Falsification of private document by any of merit or service, good conduct or similar
person circumstances
The offender must have (a) counterfeited the 3) Private individual who falsified a certificate
false document and (b) he must have falling in the classes mentioned in nos. 1&2
performed an independent act which
operates to the prejudice of a third person ART. 175- USING FALSE
CERTIFICATES
Use of a falsified document
1. in a Judicial Proceeding ELEMENTS:
no damage required 1. That a false certificate mentioned in the
2. in any other transaction preceding article was issued.
with intent to cause damage to 2. That the offender knew that the certificate
another was false
3. That he used the same.
falsification as a means to commit estafa
ART. 176- MANUFACTURING &
Falsification of Falsification of
Public, Official or Private Doc. POSSESSION OF INSTRUMENTS OR
Commercial Doc. IMPLEMENTS FOR FALSIFICATION
When committed as a Even when committed Punishable Acts:
necessary means to as a necessary means 1) Making or introducing into the Phil. any
commit estafa, to commit estafa, stamps, dies, marks, or other instruments or
complex crime is either estafa or implements for counterfeiting
committed. falsification only is 2) Possession with intent to use the
committed. instruments or implements for counterfeiting or
REASON: falsification made in or introduced into the Phil.
In this type of by another person
38
ART. 177-USURPATION OF Defendant must be sentenced to at least a

AUTHORITY OR OFFICIAL FUNCTIONS correctional penalty or a fine or must be
acquitted
WAYS TO COMMIT:
1) By misrepresenting oneself to be an officer,
agent or representative of the government,
whether local, national or foreign
2) By performing any act pertaining to a person ART. 181- FALSE TESTIMONY
in authority or public officer of the government FAVORABLE TO THE DEFENDANT
under the pretense of official position and
without authority Conviction or acquittal of defendant in
principal case not necessary
May be violated by a public officer
ART. 182- FALSE TESTIMONY IN
ART. 178- USING FICTITIOUS NAME
CIVIL CASES
& CONCEALING TRUE NAME ELEMENTS:
ELEMENTS: (USING FICTITIOUS NAME) 1. That the testimony must be given in a civil
1. That the offender uses a name other than case
his real name 2. That the testimony must relate to the issues
2. That he uses that fictitious name publicly presented in said case
3. That the purpose of the offender is -- 3. That the testimony must be false
a. to conceal a crime 4. That the false testimony must be given by
b. to evade the execution of a judgement the defendant knowing the same to be false
c. to cause damage to public interest 5. That the testimony must be malicious and
given with an intent to affect the issues
ELEMENTS: (CONCEALING TRUE NAME) presented in said case.
1. That the offender conceals ---
a. His true name Article not applicable in special proceedings
b. all other personal circumstances which falls under other cases in Art. 183.
2. That the purpose is only to conceal his
identity ART. 183- FALSE TESTIMONY IN
NOTE: OTHER CASES AND PERJURY IN
CA 142 punishes illegal use of alias SOLEMN AFFIRMATION
Acts Punished:
ART. 179- ILLEGAL USE OF 1) By falsely testifying under oath (not in
judicial proceedings)
UNIFORM OR INSIGNIA
2) By making a false affidavit
ELEMENTS:
1. That the offender makes use of insignia,
ELEMENTS OF PERJURY:
uniform or dress
1. That the accused made a statement under
2. That the insignia, uniform or dress pertains
oath or affirmation or executed an affidavit
to an office not held by the offender or to a
upon a material matter
class of persons of which he is not a
2. That the statement or affidavit was made
member
before a competent officer, authorized to
3. That said insignia, uniform, or dress is used
receive and administer oath
publicly and improperly
3. That in that statement or affidavit, the
accused made a willful and deliberate
assertion of a falsehood
THREE FORMS OF FALSE TESTIMONY
4. That the sworn statement or affidavit
(ARTS. 180-183)
containing the falsity is required by law.
ART. 180- FALSE TESTIMONY
AGAINST A DEFENDANT ART. 184- OFFERING FALSE
ELEMENTS: TESTIMONY IN EVIDENCE
1. That there be a criminal proceeding where
ELEMENTS:
the offender testifies falsely under oath
1. That the offender offered in evidence a false
against the defendant
witness or false testimony
2. That the offender who gives false testimony
2. That he knew the witness or the testimony
knows that it is false
was false
3. That the defendant against whom the false
3. That the offer was made in a judicial or
testimony is given is either acquitted or
official proceeding
convicted in a final judgement.
39
CRIMES CLASSIFIED AS FRAUDS PUNISHABLE ACTS:

(ARTS. 185-189) 1) That the merchandise must have been
ART. 185- MACHINATIONS IN fraudulently or knowingly imported contrary to
PUBLIC AUCTIONS law
2) That the defendant, if he is not the importer
himself, must have received, concealed, bought,
sold or in any manner facilitated the
Punishable Acts:
transportation, concealment or sale of the
1) Soliciting any gift or promise as a
merchandise and that he must be shown to have
consideration for refraining from taking part in
knowledge that the merchandise had been
any public auction
illegally imported
2) Attempting to cause bidders to stay away
from an auction by threats, gifts, promises or
CRIMES RELATED TO OPIUM AND
any other artifice
OTHER PROHIBITED DRUGS
ESSENTIAL ELEMENT: Dangerous Drugs Act
That there be intent to cause the RA 6425
reduction of the price. Dangerous Drugs are either:
1. PROHIBITED DRUGS: Includes Opium,
ART. 186- MONOPOLIES & cocaine and its active component and
COMBINATIONS IN RESTRAINT OF derivatives and other substances producing
similar effects; Indian Hemp and all its
TRADE derivatives; all other preparations made from the
Punishable Acts: foregoing whether natural or synthetic with the
1) Combination or conspiracy to prevent free physiological effects of a narcotic or
competition in the market hallucinogenic drug
2) Monopoly to restrain free competition in the
market 2. REGULATED DRUG: Includes self-inducing
3) Making transactions prejudicial to lawful sedatives or a derivative of a salt barbituric acid;
commerce or to increase the market price of amphetamine, hypnotic drugs, or other drug with
merchandise same effect
If the offense affects any food substance or Punishable Acts: (PROHIBITED DRUGS)
other particles of prime necessity, it is a) Importation
sufficient that initial steps are taken b) Sale, Administration, Delivery,
Distribution, Transportation
ART. 187- IMPORTATION & c) Maintenance of a Den, Dive, Resort for
DISPOSITION OF FALSELY MARKED users
ARTICLES OR MERCHANDISE MADE OF d) Employment and Visit to such Den
e) Manufacture
GOLD, SILVER, OR OTHER PRECIOUS
f) Possession and Use
METALS OR THEIR ALLOYS g) Cultivation of Plants which are sources
ELEMENTS: of prohibited drugs
1. That the offender imports, sells or disposes h) Failure to Comply with Record
of any of those articles or merchandise Requirements of the Law
2. That the stamps, brands, or marks of those i) Unlawful Prescription
articles of merchandise fail to indicate the j) Unnecessary Prescription
actual fineness or quality of said metals or k) Possession of Opium pipes, other
alloy paraphernalia
3. That the offender knows that the stamps,
brands, or marks fail to indicate the actual With respect to par. B & C, the maximum
fineness or quality of said metals or alloy penalty shall be imposed if the victim is a
minor or the prohibited drug is the proximate
NOTE: Articles 188 and 189 have been repealed cause of death
by RA 8293 Sec. 69, The Intellectual Property
Code, effective January 1, 1998. With respect to par G, the maximum penalty
shall be imposed if the land used is public
REPUBLIC ACT 455 ON domain; if private, the land shall be
SMUGGLING OR ILLEGAL escheated to the state unless the owner
IMPORTATION proves that he had no knowledge of such
cultivation despite the exercise of due
diligence
40
Paragraph H applies only to pharmacists, Acquittal in a case of importation does not

physicians, veterinarians or dentists bar prosecution for illegal possession of
dispensing such drugs; additional penalty of opium because they are 2 distinct crimes.
revocation of license
Illegal possession of pipe is included in
Punishable Acts: (REGULATED DRUGS) illegal possession of opium if the opium and
a) Importation the pipe were found in the same place and
b) Sale, Administration, Delivery, Distribution, at the same time and by the same person.
Transportation Reason: there is a single criminal act
c) Maintenance of a Den, Dive, Resort for impelled by a single criminal intent.
users
d) Manufacture
e) Possession or Use CRIMES AGAINST PUBLIC MORALS (ARTS.
f) Failure to comply with Record Requirements 195-202)
g) Unlawful Prescription ARTS. 195-199, PROVISIONS OF PD. 483 &
h) Unnecessary Prescription 449 ARE REPEALED WHICH ARE
INCONSISTENT WITH PD 1602 OR
Same rules apply with respect to par B, C & PRESIDENTIAL DECREE PRESCRIBING
F STIFFER PENALTIES ON ILLEGAL
GAMBLING.
EVERY PENALTY IMPOSED SHALL
CARRY WITH IT THE CONFISCATION AND
FORFEITURE OF ALL THE PROCEEDS OFFENSES AGAINST DECENCY AND GOOD
OF THE CRIME, INCLUDING BUT NOT CUSTOMS ( ARTS. 200-202)
LIMITED TO, MONEY AND OTHER ART. 200- GRAVE SCANDAL
ASSETS OBTAINED AND THE ELEMENTS:
INSTRUMENTS OR TOOLS WITH WHICH 1. That the offender performs an act or acts
IT WAS COMMITTED, UNLESS THEY ARE 2. That such act or acts be highly scandalous
PROPERTY OF A 3RD PERSON NOT as offending against decency and good
LIABLE FOR THE OFFENSE, BUT THOSE customs
WHICH ARE NOT OF LAWFUL 3. That the highly scandalous conduct is not
COMMERCE SHALL BE DESTROYED W/O expressly falling within any other article of
DELAY. this Code
4. That the act or acts complained of be
Any apprehending officer who committed in a public place or within the
misappropriates or fails to account shall public knowledge or view.
after conviction be punished by reclusion
perpetua to death and a fine ranging ART. 201- IMMORAL DOCTRINES,
P500,000.00 to P10,000,000.00.
OBSCENE PUBLICATIONS &
Plea-bargaining shall not be allowed where EXHIBITIONS & INDECENT SHOWS (AS
the imposable penalty is reclusion perpetua AMENDED BY PD 969)
to death. PERSONS LIABLE:
1) Those who shall publicly expound or
If the offender is an Alien he shall be proclaim doctrines openly and contrary to public
deported immediately w/o further morals
proceedings after service of sentence. (Sec.
22) 2) The authors of obscene literature, published
with their knowledge in any form; the editors
If committed by a juridical person the publishing such literature; and the owners,
partner, director, president or manager who operators of the establishment selling the same
consents or knowingly tolerates such
violation shall be held liable as a co- 3) Those who, in theatres, fairs,
principal. (Sec. 22) cinematographs or any other place, exhibit
indecent or immoral shows which are proscribed
If a Government. official is found guilty of or are contrary to law, public order, morals, good
planting any dangerous drugs in the customs, established policies, lawful orders,
person or in the immediate vicinity of decrees and edicts
another as evidence to implicate the latter,
he shall suffer the same penalty as therein 4) Those who shall give away or exhibit films,
provided. prints, engravings, sculpture or literature which
are offensive to morals
41
ART. 202- VAGRANTS &

PROSTITUTES ART. 205- JUDGEMENT THROUGH
PERSONS LIABLE: NEGLIGENCE
1) Any person having no apparent means of ELEMENTS:
subsistence, who has the physical ability to work 1. That the offender is a judge
and who neglects to apply himself to some 2. That he renders a judgement in a case
lawful calling submitted to him for decision
3. That the judgment is manifestly unjust
2) Any person found loitering about public or 4. That it is due to his inexcusable negligence
semipublic buildings or places, or tramping or or ignorance
wandering about the country or the streets
without visible means of support ART. 206- UNJUST
INTERLOCUTORY ORDER
3) Any idle or dissolute person who lodges in
ELEMENTS:
houses of ill fame; ruffians or pimps and those
1. That the offender is a judge
who habitually associate with prostitutes
2. That he performs any of the ff. acts:
a. Knowingly renders unjust interlocutory
4) Any person who, not being included in the
order or decree.
provisions of other articles of this Code, shall be
b. Renders a manifestly unjust
found loitering in any inhabited or uninhabited
interlocutory order or decree through
place belonging to another without any lawful or
inexcusable negligence or ignorance
justifiable purpose
PROSTITUTES - women who, for money or ART. 207- MALICIOUS DELAY IN

profit, habitually indulge in sexual intercourse or THE ADMINISTRATION OF JUSTICE
lascivious conduct ELEMENTS:
1. That the offender is a judge
ART. 203 WHO ARE PUBLIC 2. That there is a proceeding in his court
3. That he delays the administration of justice
OFFICERS
4. That it is caused by the judge with
REQUISITES:
deliberate intent to inflict damage on either
1. Taking part in the performance of public
party in the case
functions in the Government or performing in
said Government or in any of its branches
public duties as an employee, agent or ART. 208- PROSECUTION OF
subordinate official of any rank or class OFFENSES; NEGLIGENCE &
2. That his authority must be TOLERANCE
a. By direct provision of law Punishable Acts:
b. By popular election 1) Maliciously refraining from instituting
c. By appointment by competent authority prosecution against violators of the law
2) Maliciously tolerating the commission of
offenses
CRIMES OF MALFEASANCE &
MISFEASANCE IN OFFICE REQUISITES:
(ARTS. 204-211) 1. That the offender is a public officer who has
MISFEASANCE- improper performance of a duty to cause the prosecution of, or to
some act which might lawfully be done prosecute offenses
2. That knowing the commission of the crime,
MALFEASANCE- the performance of some he does not cause the prosecution of the
act which ought not to be done criminal or knowing that a crime is about to
be committed he tolerates its commission
NONFEASANCE- omission of some act which 3. That the offender acts with malice and
ought to be performed deliberate intent to favor the violator of the
law
ART. 204- KNOWINGLY RENDERING
UNJUST JUDGEMENT ART. 209- BETRAYAL OF TRUST BY
ELEMENTS: AN ATTY. OR SOLICITOR
1. That the offender is a judge Punishable Acts:
2. That he renders a judgement in a case 1) Causing damage to his client, either:
submitted to him for decision (a) by any malicious breach of professional
3. That the judgment is unjust duty; or
4. That the judge knows that his judgement is (b) inexcusable negligence or ignorance
unjust.
42
2) Revealing any of the secrets of his client whether in the classified or unclassified or
learned by him in his professional capacity exempt services receiving compensation, even
damage is not necessary nominal, from the Government.
3) Undertaking the defense of the opposing Section 3. Corrupt Practices of Public

party in the same case without the consent of Officials.
his first client. A. Persuading, inducing or influencing another
public officer to perform an act constituting a
ART. 210- DIRECT BRIBERY violation of rules and regulations duly
Punishable Acts: promulgated by competent authority or an
1) Agreeing to perform, or by performing, in offense in connection with the official duties
consideration of any offer, promise, gift or of the latter, or allowing himself to be
present --- an act constituting a crime, in persuaded, induced, or influenced to commit
connection with the performance of his official such violation or offense.
duties
B. Directly or indirectly requesting or receiving
2) Accepting a gift in consideration of the any gift, present, share, percentage, or
execution of an act which does not constitute a benefit, for himself or for any other person,
crime, in connection with the performance of his in connection w/ any other contract or
official duty transaction between the Government and
any other party, wherein the public officer in
3) Agreeing to refrain, or by refraining, from his official capacity has to intervene under
doing something which it is his official duty to do, the law.
in consideration of a gift or promise
C. Directly or indirectly requesting or receiving
QUALIFIED BRIBERY - committed by public any gift, present or other pecuniary or
officers entrusted with the enforcement of law material benefit, for himself or for another,
and whose duty is to arrest and prosecute those from any person for whom the public officer,
who violate them where the penalty for the same in any manner or capacity has secured or
is reclusion perpetua or higher. obtained, or will secure or obtain, any
Government permit or license, in
ART. 211- INDIRECT BRIBERY consideration for the help given or to be
given, w/out prejudice to Section 13 of this
ELEMENTS:
Act.
1. That the offender is a public officer
2. That he accepts gifts
D. Accepting or having any member of his
3. That said gifts are offered to him by reason
family accept employment in a private
of his office
enterprise w/c has pending official business
w/ him during the pendency thereof or w/in
ART. 212- CORRUPTION OF PUBLIC one year after his termination.
OFFICIALS
ELEMENTS: E. Causing any undue injury to any party,
1. That the offender makes offers or promises including the Government, or giving any
or gives gifts or presents to a public officer private party any unwarranted benefits,
2. That the offers or promises are made or the advantage or preference in the discharge of
gifts or present given to a public officer, his administrative or judicial functions
under circumstances that will make the through manifest partiality, evident bad faith
public officer liable for direct bribery or or gross inexcusable negligence. This
indirect bribery provision shall apply to officers and
employees of offices or Government corps.
ANTI-GRAFT & CORRUPT PRACTICES charged w/ the grant of licenses or permits
ACT (R.A. 3019) or other concessions.
(RA 3019 as amended by RA 3047, PD 77
and BP 195) F. Neglecting or refusing, after due demand or
request, w/out sufficient justification, to act
Section 2. Definition of Terms. w/in a reasonable time on any matter
pending before him for the purpose of
Government the natl Government, the local obtaining, directly or indirectly, from any
Government, the GOCCs, & all other person interested in the matter some
instrumentalities or agencies of the government pecuniary or material benefit or advantage,
or for the purpose of favoring his own
PUBLIC OFFICER elective & appointive interest or giving undue advantage in favor
officials & employees, permanent or temporary, of or discriminating against any other
43
interested party. any business, transaction, contract or

application with the Government.
G. Entering, on behalf of the Government, into
any contract or transaction manifestly and EXCEPTIONS TO THE PROVISIONS:
grossly disadvantageous to the same, 1. Any person who, prior to the assumption
whether or not the public officer profited or of office of any of those officials to whom
will profit thereby. he is related, has been already dealing
with the Government along the same
H. Directly or indirectly having financial or line of business, or to any transaction,
pecuniary interest in any business, contract contract or application already existing
or transaction in connection with which he or pending at the time of such
intervenes or takes part in his official assumption of public office;
capacity, or in w/c he is prohibited by the 2. Any application filed by him, the
Constitution or by law from having any approval of w/c is not discretionary on
interest. the part of the official/s concerned but
depends upon compliance with the
I. Directly or indirectly becoming interested, for requisites provided by law, or rules or
personal gain, or having material interest in regulations issued pursuant to the law.
any transaction or act requiring the approval 3. Any act lawfully performed in an official
of a board, panel or group of w/c he is a capacity or in the exercise of a
member, & w/c exercises discretion in such profession.
approval, even if he votes against the same
or does not participate in the action of the Section 6. Prohibition on Members of
board, committee, panel or group. Congress
Interest for personal gain shall be presumed Members of Congress during their term are
against those public officers responsible for prohibited to acquire or receive any personal
the approval of manifestly unlawful, pecuniary interest in any specific business
inequitable, or irregular transactions or acts enterprise w/c will be directly & particularly
by the board, panel or group to w/c they favored or benefited by any law or resolution
belong. authored by them.
J. Knowingly approving or granting any The prohibition shall also apply to any public
license, permit, privilege or benefit in favor officer who recommended the initiation in
of any person not qualified for or not legally Congress of the enactment or adoption of
entitled to such license, permit, privilege, or any law or resolution, & acquires or receives
advantage, or of a mere representative or any such interest during his incumbency.
dummy of one who is not qualified or
entitled. The member of Congress or other public
officer, who, having such interest prior to the
K. Divulging valuable information of a approval of a law or resolution authored or
confidential character, acquired by his office recommended by him, continues for thirty
or by him on account of his official position days after such approval to retain his
to unauthorized persons, or releasing such interest, also violates this section.
information in advance of its authorized
date. Section 7. Statement of assets and liabilities.
Section 4. Prohibition on private individuals. Every public officer shall prepare & file a
true & detailed sworn statement of assets &
A. Taking advantage of family or close personal liabilities, including a statement of the
relation with public official is punished. amount & sources of his income, the amount
of his personal & family expenses & the
B. Knowingly inducing or causing any public amount of income taxes paid for the next
official to commit any of the offenses defined preceding calendar year.
in Section 3.
Section 8. Prima facie evidence of and
Section 5. Prohibition on certain relatives. dismissal due to unexplained wealth.
The spouse or any relative, by A public official who has been found to have
consanguinity, w/in the 3rd civil degree, of the acquired during his incumbency, whether in
President, the Vice-President, Senate President, his name or the name of other persons, an
or the Speaker of the House of Representatives amount of property and/or money manifestly
is prohibited to intervene directly or indirectly, in out of proportion to his salary and to his
44
lawful income (RA #1379) GROUND FOR combination means at least two acts of a
FORFEITURE OF UNEXPLAINED different category while a series means at least
WEALTH two acts of the same category (Estrada vs
Sandiganbayan November 21, 2001)
Section 11. Prescription of offenses.
15 YEARS prescriptive period of all Section 2. Definition of the Crime of
offenses under the Act. Plunder; Penalties.
Section 12. Termination of office. Plunder - a crime committed by any public

officer, by himself, or in connivance with his
NO PUBLIC OFFICER IS ALLOWED TO family, relatives by affinity or consanguinity,
RESIGN OR RETIRE: business associates, subordinates or other
1. Pending investigation, criminal or persons, by amassing, accumulating or
administrative or acquiring ill-gotten wealth in the aggregate
2. Pending a prosecution against him, or amount or total value of at least 50 million
3. For any offense under the Act or under pesos
the provisions of the RPC on bribery.
Penalty - Reclusion Perpetua to Death
Section 14. Exception.
Mitigating and extenuating circumstances
Unsolicited gifts or presents of small or shall be considered by the courts in the
insignificant value offered or given as a imposition of penalty.
mere ordinary token of gratitude of
friendship according to local custom or Section 4. Rule of Evidence.
usage.
It is not necessary to prove each and every
ANTI-PLUNDER ACT
criminal act done. A pattern of overt or criminal
RA 7080 acts indicative of the over-all unlawful scheme or
conspiracy shall be sufficient.
Means or schemes to acquire ill-gotten
wealth:
Section 5. Suspension and Loss of Benefits.
1. Through misappropriation, conversion,
Section 6. Prescription of Crimes
misuse or malversation of public funds or
raids on the public treasury
20 years prescription
2. By receiving, directly or indirectly, any
commission, gift, share, percentage or any
other form of pecuniary benefit from any ART. 213- FRAUDS AGAINST THE
person and/or entity in connection with any PUBLIC TREASURY & SIMILAR
government contract/project or by OFFENSES
reason of his office/position
3. By the illegal or fraudulent conveyance or ELEMENTS OF FRAUDS AGAINST PUBLIC
disposition of assets belonging to the TREASURY (PAR.1):
Government 1. That the offender be a public officer
4. By obtaining, receiving or accepting, directly 2. That he intervened in the transaction in his
or indirectly, any shares of stock, equity, or official capacity
any other form of interest or participation 3. That he entered into an agreement with any
including the promise of future employment interested party or speculator or made use
in any business enterprise or undertaking of any other scheme with regard to (1)
5. By establishing agricultural, industrial or furnishing supplies (2) the making of
commercial monopolies or other contracts, or (3) the adjustment or
combinations and/or implementing decrees settlement of accounts relating to public
and orders intended to benefit particular property of funds
persons or special interests 4. That the accused had intent to defraud the
6. By taking undue advantage of official Government.
position, authority, relationship, connection
or influence to unjustly enrich himself or ELEMENTS OF ILLEGAL EXACTIONS
themselves (PAR.2):
1. The offender is a public officer entrusted
Note: These SHOULD be committed by a with the collection of taxes, licenses, fees, &
combination or through a series of acts. There other imposts
should be at least two acts otherwise the 2. He commits any of the ff. acts:
accused should be charged with the particular a. Demanding, directly or indirectly, the
crime committed and not with plunder. A payment of sums different from or larger
45
than those authorized by law a. Official custody of public funds or

b. Failing voluntarily to issue a receipt, as property or the duty to collect or receive
provided by law, for any sum of money funds due to the Government
collected by him officially b. The obligation to account for them to the
c. Collecting or receiving, directly or Government
indirectly, by way of payment or 2. That he had the custody or control of funds
otherwise, things or objects of a nature or property by reason of the duties of his
different from that provided by law office
Officers or employees of the Bureau of 3. That those funds or property were public
Internal Revenue or Bureau of Customs are funds or property for which he was
not covered by this article. The National accountable
Internal Revenue Code or the Administrative 4. That he appropriated, took, misappropriated
Code applies. or consented or through abandonment or
negligence, permitted another person to
ART. 214- OTHER FRAUDS take them
The offender is a public officer who takes MALVERSATION MAY BE COMMITTED BY

advantage of his official position. PRIVATE INDIVIDUALS IN THE FOLLOWING
CASES:
ART. 215- PROHIBITED 1) Those in conspiracy with public officers
guilty of malversation;
TRANSACTIONS 2) Those who are accessory or accomplice to a
ELEMENTS: public officer;
1. That the offender is an appointive public 3) Custodian of public funds or property in
officer whatever capacity;
2. That he becomes interested, directly or 4) Depositary or administrator of public funds
indirectly, in any transaction of exchange or or property.
speculation
3. That the transaction takes place within the PRESUMPTION
territory subject to his jurisdiction When demand is made to the
4. That he becomes interested in the accountable officer to account for the funds and
transaction during his incumbency property and the same is not forthcoming, the
presumption is that he misappropriated the
ART. 216- POSSESSION OF funds.
PROHIBITED INTEREST BY A PUBLIC
OFFICER Malversation is principally distinguished
PERSONS LIABLE: from estafa by:
1) Public officer who, directly or indirectly, a. The public or private character of the
became interested in any contract or business accused
which it was his official duty to intervene b. The nature of the funds
2) Experts, arbitrators, and private accountants c. The fact that conversion is not required
who, in like manner, took part in any contract or in malversation
transaction connected with the estate or d. The rule that there is no need of prior
property in the appraisal, distribution or demand in malversation
adjudication of which they had acted e. The absence of a requirement of
3) Guardians and executors with respect to the damage in malversation
property belonging to their wards or the estate
CRIMES CALLED MALVERSATION OF ART. 218- FAILURE OF

PUBLIC FUNDS OR PROPERTY ACCOUNTABLE OFFICER TO RENDER
(ARTS. 217-221) ACCOUNTS
ART. 217- MALVERSATION OF ELEMENTS:
PUBLIC FUNDS OR PROPERTY 1. That the offender is a public officer, whether
Punishable Acts: in the service or separated therefrom
1) Appropriating public funds or property 2. That he must be an accountable officer for
2) Taking or misappropriating the same public funds or property
3) Consenting or through abandonment or 3. That he is required by the law or regulation
negligence, by permitting any other person to to render accounts to the Comm. on Audit,
take such public funds or property or to the provincial auditor
4. That he fails to do so for a period of 2 mos.
COMMON ELEMENTS: after such accounts should be rendered
1. That the offender is a public officer who has:
Misappropriation is not necessary.
46
2. Administrator, depository of funds or

ART. 219- FAILURE OF A property, attached, seized, or deposited by
RESPONSIBLE PUBLIC OFFICER TO public authority even if such property
belongs to a private individual
RENDER ACOUNTS BEFORE LEAVING
THE COUNTRY
ART. 223- CONNIVING WITH OR
ELEMENTS:
1. That the offender is a public officer CONSENTING TO EVASION
2. That he must be an accountable officer for ELEMENTS:
public funds or property 1. That the offender is a public officer
3. That he unlawfully left (or be on the point of 2. That he had in his custody or charge a
leaving) the Phils. without securing from the prisoner, either detention prisoner, or
Comm. on Audit a certificate showing that prisoner by final judgement
his accounts have been finally settled 3. That such prisoner escaped from his
custody
ART. 220- ILLEGAL USE OF PUBLIC 4. That he was in connivance with the prisoner
in the latters escape
FUNDS OR PROPERTY
This crime is known as technical
ART. 224- EVASION THROUGH
malversation because the fund or property is
already earmarked or appropriated for a certain NEGLIGENCE
public purpose. ELEMENTS:
ELEMENTS: 2. That he is charged with the conveyance or
1. That the offender is a public officer custody of a prisoner, either detention
2. That there are public funds or property prisoner or prisoner by final judgement
under his administration 3. That such prisoner escapes through his
3. That such public fund or property has been negligence
appropriated by law or ordinance
4. That he applies the same to a public use ART. 225-ESCAPE OF PRISONER
other than that for which such fund or UNDER THE CUSTODY OF A PERSON
property has been appropriated by law or NOT A PUBLIC OFFICER
ordinance.
ELEMENTS:
1. That the offender is a private person
MALVERSATION ILLEGAL USE 2. That the conveyance or custody of a
the public fund is to the public fund or prisoner or person under arrest is confided
be applied to the property is applied to to him
personal use & benefit another public use 3. That the prisoner or person under arrest
of the offender or of escapes
another person 4. That the offender consents to the escape of
the prisoner or person under arrest, or that
the escape takes place through his
ART. 221-FAILURE TO MAKE negligence
DELIVERY OF PUBLIC FUNDS OR
PROPERTY ART. 226- REMOVAL,
Punishable Acts: CONCEALMENT, OR DESTRUCTION OF
1) Failing to make payment by a public officer DOCUMENTS
who is under obligation to make such payment ELEMENTS:
from the Government funds in his possession 1. That the offender is a public officer
2) Refusing to make delivery by a public officer 2. That he removes, destroys, conceals
who has been ordered by competent authority to documents or papers
deliver any property in his custody or under his 3. That the said documents/ papers must be
administration (refusal must be malicious) entrusted to such public officer by reason of
his office
ART. 222-OFFICERS INCLUDED IN 4. That damage, whether serious or not, to a
THE PROVISIONS third party or to the public interest should
Private Individuals who may be liable under Art. have been caused.
217-221:
1. Private individuals who, in any capacity ART. 227- OFFICER BREAKING THE
whatsoever, have charge of any national, SEAL
provincial or municipal funds, revenue or ELEMENTS:
property 1. That the offender is a public officer
47
2. That he is charged with the custody of 2. That an order is issued by his superior for
papers or property execution
3. That these papers or property are sealed by 3. That he has for any reason suspended the
proper authority execution of such order
4. That he breaks the seal or permits them to 4. That his superior disapproves the
be broken suspension of the execution of the order
5. That the offender disobeys his superior
despite the disapproval of the suspension
ART. 233-REFUSAL OF
ASSISTANCE
ART. 228- OPENING OF CLOSED ELEMENTS:
DOCUMENTS 1. That the offender is a public officer
ELEMENTS: 2. That a competent authority demands from
1. That the offender is a public officer the offender that he lend his cooperation
2. That closed papers, documents, or objects towards the administration of justice or other
are entrusted to his custody public service
3. That he opens or permits to be opened said 3. That the offender fails to do so maliciously
closed papers, documents or objects
4. That he does not have the proper authority ART. 234-REFUSAL TO DISCHARGE
ELECTIVE OFFICE
ART. 229- REVELATION OF ELEMENTS:
SECRETS BY AN OFFICER 1. That the offender is elected by popular
Punishable Acts: election to a public office
1) Revealing secrets known to the offending 2. That he refuses to be sworn in or to
public officer by reason of his official capacity discharge the duties of said office
2) Delivering wrongfully papers or copies of 3. That there is no valid justification for such
papers of which he may have charge and which refusal.
should not be published
ART. 235-MALTREATMENT OF
ART. 230- PUBLIC OFFICER PRISONERS
REVEALING SECRETS OF PRIVATE ELEMENTS:
INDIVIDUAL 1. That the offender is a public officer or
ELEMENTS: employee
1. That the offender is a public officer 2. That he has under his charge a prisoner or
2. That he knows of the secrets of a private detention prisoner
individual by reason of his office 3. That he maltreats such prisoner:
3. That he reveals such secrets without a. By overdoing himself in the correction
authority or justifiable reason and handling
i. By the imposition of punishments
ART. 231- OPEN DISOBEDIENCE not authorized by the regulations
ii. By inflicting such punishments
ELEMENTS:
(those authorized) in a cruel and
1. That the offender is a judicial or executive
humiliating manner
officer
b. By maltreating such prisoner to extort a
2. That there is a judgement, decision, or order
confession or to obtain some
of a superior authority
information from the prisoner
3. That such judgment, decision, or order was
made by a superior authority and issued
with all the legal formalities ART. 236-ANTICIPATION OF
4. That the offender without any legal DUTIES OF PUBLIC OFFICE
justification openly refuses to execute the ELEMENTS:
said judgement, decision or order, which he 1. That the offender is entitled to hold a public
is duty bound to obey office or employment, either by election or
appointment
ART. 232-DISOBEDIENCE TO 2. That the law requires that he should first be
ORDER OF SUPERIOR OFFICER WHEN sworn in and/ or should first give a bond
SAID ORDER WAS SUSPENDED BY 3. That he assumes the performance of the
duties and powers of such office
INFERIOR OFFICER 4. That he has not taken his oath of office
ELEMENTS: and/or given the bond required by law
48
ART. 237-PROLONGING from continuing the proceeding

PERFORMANCE OF DUTIES AND 5. That he continues the proceeding.
POWERS
ART. 243-ORDERS OR REQUESTS
ELEMENTS:
1. That the offender is holding a public office BY EXEC. OFFICERS TO ANY JUDICIAL
2. That the period provided by law, regulations, AUTHORITY
or special provisions for holding such office, ELEMENTS:
has already expired 1. That the offender is a public officer
3. That he continues to exercise the duties and 2. That he addresses any order or suggestion
powers of such office to any judicial authority
3. That the order or suggestion relates to any
ART. 238-ABANDONMENT OF case or business coming within the
exclusive jurisdiction of the courts of justice
OFFICE OR POSITION
ELEMENTS:
ART. 244-UNLAWFUL
2. That he formally resigns from his position APPOINTMENTS
3. That his resignation has not yet been ELEMENTS:
accepted 1. That the offender is a public officer
4. That he abandons his office to the detriment 2. That he nominates or appoints a person to a
of the public service public office
3. That such person lacks the legal
ART. 239-USURPATION OF qualification
4. That the offender knows that his nominee or
LEGISLATIVE POWERS appointee lacks the qualifications at the time
ELEMENTS: he made the nomination or appointment
1. That the offender is an executive or judicial
officer
ART. 245-ABUSES AGAINST
2. That he (a) makes general rules/regulations
beyond the scope of his authority; (b) CHASTITY
attempts to repeal a law (c) suspends the ELEMENTS:
execution thereof 1. Offender is a public officer
2. He solicits or makes immoral or indecent
advances to a woman
ART. 240-USURPATION OF 3. Such woman must be:
EXECUTIVE FUNCTIONS a) interested in matters pending before the
ELEMENTS: offender for decision, or with respect to
1. That the offender is a judge which he is required to submit a report
2. That he (a) assumes a power pertaining to to or consult with a superior officer; or
the executive authorities, or (b) obstructs b) under the custody of such offender who
executive authorities in the lawful exercise of is a warden or other public officer
their powers c) wife, daughter, sister or relative within
the same degree by affinity of the
ART. 241- USURPATION OF person under the custody of the offender
JUDICIAL FUNCTIONS
ELEMENTS
1. That the offender is an officer of the CRIMES AGAINST PERSONS
executive branch of the Government. (ARTS. 246-266)
2. That he (a) assumes judicial powers, or (b) ART. 246-PARRICIDE
obstructs the execution of an order or ELEMENTS:
decision rendered by any judge within his 1. That a person is killed
jurisdiction 2. That the deceased is killed by the accused
3. That the deceased is the father, mother, or
ART. 242-DISOBEYING REQUEST child (not less than 3 days old), whether
legitimate or illegitimate, or a legitimate
FOR DISQUALIFICATION
other ascendant or legitimate other
ELEMENTS: descendant, or the legitimate spouse, of the
1. That the offender is a public officer accused
2. That a proceeding is pending before such
public officer Cases of parricide when the penalty shall
3. That there is a question before the proper not be reclusion perpetua to death:
authority regarding his jurisdiction which is 1) parricide through negligence (art
not yet decided 365)
4. That he has been lawfully required to refrain
49
2) parricide by mistake (art 249) infanticide

3) parricide under exceptional
circumstances (art 247) Intent to kill is conclusively presumed when
death results; evidence of intent to kill is
ART. 247-DEATH OR PHYSICAL important only in attempted or frustrated
INJURIES UNDER EXCEPTIONAL homicide.
CIRCUMSTANCES ACCIDENTAL HOMICIDE - is the death of a
ELEMENTS: person brought about by a lawful act
1. That a legally married person or parent performed with proper care and skill and
surprises his spouse or his daughter, the without homicidal intent
latter under 18 yrs of age and living with
ART. 250-PENALTY FOR
him, in the act of committing sexual
intercourse with another person FRUSTRATED PARRICIDE, MURDER,
2. That he/ she kills any or both of them or HOMICIDE
inflicts upon any or both of them any serous
physical injury in the act or immediately ART. 251- DEATH CAUSED IN A
thereafter
3. That he has not promoted or facilitated the TUMULTUOUS AFFRAY
prostitution of his wife or daughter, or that he ELEMENTS:
or she has not consented to the infidelity of 1. That there be at least 4 persons
the other spouse 2. That they did not compose groups organized
for the common purpose of assaulting and
The discovery, the escape, the pursuit and attacking each other reciprocally
the killing must all form part of one 3. That several persons quarreled and
continuous act assaulted one another in a confused and
tumultuous affray
Applicable only when the daughter is single 4. That someone was killed in the course of the
affray
5. That it cannot be ascertained who actually
ART. 248-MURDER
killed the deceased
Unlawful killing of any person which is not
6. That the person or persons who inflicted
parricide or infanticide, provided that any of the
serious physical injuries or who used
ff. circumstances is present:
violence can be identified
1) With treachery, taking advantage of superior
strength, with the aid of armed men, or
employing means to weaken the defense, or of ART. 252-PHYSICAL INJURIES IN A
means or persons to insure or afford impunity TUMULTUOUS AFFRAY
ELEMENTS:
2) In consideration of a price, reward, or a 1. That there is a tumultuous affray as referred
promise to in the preceding article
2. That a participant or some participants
3) By means of inundation, fire, poison, thereof suffered serious physical injuries or
explosion, shipwreck, stranding a vessel, physical injuries of a less serious nature
derailment of or assault upon a street car or 3. That the person responsible cannot be
locomotive, fall of an airship, by means of motor identified
vehicles, or with the use of any means involving 4. That all those who appear to have used
great waste and ruin violence upon the person of the offended
party are known
4) On occasion of any of the calamities
enumerated in the preceding par., or an Injured party must be a participant in the
earthquake, eruption of a volcano, destructive affray
cyclone, epidemic or any other public calamity
ART. 253-GIVING ASSISTANCE TO
5) With evident premeditation SUICIDE
Punishable Acts:
6) With cruelty, by deliberately and inhumanly 1) Assisting another to commit suicide, whether
augmenting the suffering of the victim, or the suicide is consummated or not
outraging or scoffing at his person or corpse 2) Lending his assistance to another to commit
suicide to the extent of doing the killing himself
ART. 249-HOMICIDE
EUTHANASIA Mercy Killing Practice of
This is the unlawful killing of any person, painlessly putting to death a person suffering
which is neither parricide, murder nor from some incurable disease. Not considered as
50
included in Art 253 because the person killed 2. That such person causes or assists in
does not want to die. A doctor who resorts to causing the abortion
euthanasia may be liable for murder. 3. Said physician or midwife takes advantage
of his scientific knowledge or skill.
ART. 254-DISCHARGE OF FIREARM
ELEMENTS: AS TO PHARMACISTS,
1. That the offender discharges a firearm There is no proper prescription from a physician
against or at another person and the offender dispenses any abortive
2. That the offender has no intention to kill that substance.
person
ART. 255-INFANTICIDE
ART. 260-RESPONSIBILITY OF
This is the killing of any child less than 3 PARTICIPANTS IN A DUEL
days (72 hours) of age DUEL: Formal or regular combat previously
concerted between parties in the presence of
Only the mother and maternal two or more seconds of lawful age on each side,
grandparents of the child are entitled to the who make selection of arms and fix all other
mitigating circumstance of concealing the conditions of the fight.
dishonor
PERSONS LIABLE:
ART. 256-INTENTIONAL ABORTION 1) The person who killed or inflicted physical
WAYS TO COMMIT: injuries upon his adversary, or both combatants
1) By using violence upon the person of the in any other case, as principals
pregnant woman 2) The seconds, as accomplices
2) By acting, without using violence and
without the consent of the woman (by ART. 261-CHALLENGING TO A
administering drugs/beverages upon a pregnant DUEL
without her consent)
PUNISHABLE ACTS:
3) By acting, with the consent of the pregnant
1) Challenging another to a duel
woman (by administering drugs/beverages)
2) Inciting another to give or accept a
challenge to a duel
3) Scoffing at or decrying another publicly for
ART. 257-UNINTENTIONAL having refused to accept a challenge to fight a
ABORTION duel
REQUISITES:
1. Violence is used upon such pregnant PERSONS LIABLE:
woman without intending an abortion 1) Challenger
2. Violence is intentionally exerted 2) Instigators
ART. 258-ABORTION PRACTICED PHYSICAL INJURIES

BY THE WOMAN HERSELF OR BY HER ART. 262-MUTILATION
PARENTS Offender must have the intention to deprive
The intentional abortion is caused by --- the offended party of a part of his body.
1) The pregnant woman herself
2) Any other person, with her consent
ART. 263-SERIOUS PHYSICAL
3) Any of her parents, with her consent for the
purpose of concealing her dishonor INJURIES
Liability of pregnant woman is mitigated SERIOUS PHYSICAL INJURIES:

if the purpose is to conceal dishonor 1) When the injured person becomes insane,
impotent, imbecile, or blind in consequence of
No mitigation on the parents of the the physical injuries inflicted
woman unlike in infanticide 2) When the injured person loses the use of
speech, or the power to hear or to smell, loses
ART. 259-ABORTION PRACTICED an eye, a hand, a foot, an arm, or a leg, or loses
the use of any of such member, or becomes
BY A PHYSICIAN OR MIDWIFE AND incapacitated for the work in which he was
DISPENSING OF ABORTIVES habitually engaged in consequence of the
REQUISITES: physical injuries
1. The offender be a physician or midwife, 3) When the person injured, becomes
51
deformed, or loses any other member of his

body, or becomes ill or incapacitated for the
performance of the work in which he was ART. 266-SLIGHT PHYSICAL
habitually engaged for more than 90 days, in INJURIES
consequence of the physical injuries inflicted
KINDS:
4) When the injured person becomes ill or
1) Physical injuries which incapacitated the
incapacitated for labor for more than 30 days but
offended party from one to nine days, or
not more than 90 days as a result of the
required medical attendance during the same
physical injuries inflicted
period
2) Physical injuries which did not prevent the
Medical attendance not necessary
offended party from engaging in his habitual
work or which did not require medical
DEFORMITY requisites:
attendance
1) Physical ugliness
3) Ill-treatment of another by deed without
2) Permanent and definite abnormality
causing any injury
3) Conspicuous and visible
4) There must be no intent to kill, otherwise,
the crime would be frustrated or attempted
murder, parricide, homicide as the case may be ART. 266-A - THE NEW ANTI-RAPE
LAW (RA8353)
QUALIFYING CIRCUMSTANCES: Classification of Rape
1) Offense committed against persons 1) Traditional - under Art 335
enumerated in the crime of parricide 2) Sexual Assault - RA 8353
2) With the attendance of circumstance which
qualify the crime to murder REPUBLIC ACT 8353
How rape is committed:
The qualified penalties are not 1) By a man who shall have carnal knowledge
applicable to parents who inflict serious of a woman under any of the ff. circumstances:
physical injuries upon their children by a) Through force, threat or intimidation
excessive chastisement b) When the offended party is deprived
of reason or otherwise unconscious
ART. 264- ADMINISTERING c) By means of fraudulent machination
INJURIOUS SUBSTANCES OR or grave abuse of authority
d) When the offended party is under 12
BEVERAGES
years of age or is demented even
ELEMENTS:
though none of the circumstances
1. That the offender inflicted upon another any
mentioned above be present
serious physical injuries
5) By any person (male or female) who, under
2. That it was done by knowingly administering
any of the circumstances mentioned in par. 1
to him any injurious substances or
hereof, shall commit an act of sexual assault by
beverages or by taking advantage of his
inserting his penis into another persons mouth,
weakness of mind or credulity
or anal orifice or any instrument or object, into
3. That he had no intention to kill (otherwise
the genital or anal orifice of another person
frustrated murder)
AGGRAVATING/QUALIFYING
ART. 265-LESS SERIOUS PHYSICAL CIRCUMSTANCES : punishable by death
INJURIES
ELEMENTS: 1) When the victim is under 18 years of age and
1. The offended party is incapacitated for labor the offender is a parent, ascendant, step-parent,
for 10 days or more but not more than 30, or guardian, relative by consanguinity or affinity
needs attendance for the same period within the third civil degree, or the common law
2. The physical injuries must not be those spouse of the parent of the victim
described in the preceding articles
2) When the victim is under the custody of the
QUALIFIED LESS SERIOUS PHYSICAL police or military authorities or any law
INJURIES enforcement or penal institution
1) There is manifest intent to insult or offend
the injured person 3) When the rape is committed in full view of the
2) There are circumstances adding ignominy spouse, parent, or any of the children or other
3) When the victim is either the offenders relatives within the third civil degree of
parents, ascendants, guardians, curators or consanguinity
teachers; Persons of rank or persons in
authority, provided the crime is not direct assault 4) When the victim is a religious engaged in
52
legitimate religious vocation or calling and is d) That the person kidnapped or

personally known to be such by the offender detained is a minor, except when
before or at the time of the commission of the the accused is any of the parents, a
crime female or a public officer
5) When the victim is a child below 7 years old QUALIFYING CIRCUMSTANCES: DEATH
PENALTY
6) When the offender knows that he is afflicted 1) Purpose is to extort ransom
with HIV/AIDS or any other sexually 2) If victim is killed, raped or tortured as a
transmissible disease and the virus or disease is consequence
transmitted to the victim
COMPLEX CRIME OF KIDNAPPING WITH
7) When committed by any member of the AFP MURDER when victim is killed because of
or para-military units thereof of the PNP or any his refusal to pay the ransom; kidnapping
law enforcement agency or penal institution, being necessary to commit the murder; but
when the offender took advantage of his position where he was taken for the purpose of killing
to facilitate the commission of the crime him and not for detaining him, crime
committed is MURDER
8) When by reason or on the occasion of the
rape, the victim has suffered permanent physical ILLEGAL ARBITRARY
mutilation or disability DETENTION DETENTION
Committed by a Committed by a
9) When the offender knew of the pregnancy of private individual who public officer or
the offended party at the time of the commission unlawfully kidnaps, employee who detains
of the crime detains or otherwise a person without legal
deprives a person of ground
10) When the offender knew of the mental liberty
disability, emotional disorder and/ or physical Crime is against Crime against the
disability of the offended party at the time of the personal liberty and fundamental law of the
commission of the crime security State
Death shall also be imposed when homicide
is committed
ART. 268- SLIGHT ILLEGAL
EFFECT OF PARDON: DETENTION
1) The subsequent valid marriage between the ELEMENTS:
offender and the offended party shall extinguish 1. That the offender is a private individual
criminal liability (only as to the husband) 2. That he kidnaps or detains another, or in any
2) The subsequent forgiveness of the wife to manner deprives him of his liberty
the legal husband 3. That the act of kidnapping or detention is
illegal
4. That the crime is committed without the
CRIMES AGAINST LIBERTY attendance of any of the circumstances
(ARTS. 267-274) enumerated in 267
LIABILITY MITIGATED WHEN:

ART. 267-KIDNAPPING AND
1) Offender voluntarily releases the person so
SERIOUS ILLEGAL DETENTION kidnapped or detained within three days from
ELEMENTS: the commencement of the detention,
1. That the offender is a private individual 2) without having attained the purpose
2. That he kidnaps or detains another, or in any intended, and
manner deprives the latter of his liberty 3) before the institution of criminal proceedings
3. That the act of detention or kidnapping must against him
be illegal
4. That in the commission of the offense, any ART. 269-UNLAWFUL ARREST
of the ff. circumstances is present: ELEMENTS:
a) That the kidnapping or detention 1. That the offender arrests or detains another
lasts for more than 3 days person
b) That it is committed simulating 2. That the purpose of the offender is to deliver
public authority him to the proper authorities
c) That any serious physical injuries 3. That the arrest or detention is not authorized
are inflicted upon the person by law
kidnapped or detained or threats to
kill him are made
53
ART.125 ART.269 3. That the purpose is to require or enforce the

Detention is for Detention is not payment of a debt
some legal ground authorized by law
CRIMES AGAINST SECURITY
Crime is committed Committed by (ARTS. 275-292)
by failing to deliver making an arrest not ART. 275-ABANDONMENT OF
such person to the authorized by law PERSONS IN DANGER AND
proper judicial ABANDONMENT OF ONES OWN
authority within a
VICTIM
certain period of time
PUNISHABLE ACTS:
1) Failing to render assistance to any person
whom the offender finds in an uninhabited place,
wounded or in danger of dying, when he can
ART. 270- KIDNAPPING AND render such assistance without detriment to
FAILURE TO RETURN A MINOR himself, unless such omission shall constitute a
ELEMENTS: more serious offense
1. That the offender is entrusted with the
custody of a minor person (over or under 7 2) Failing to help/ render assistance to another
but less than 21) whom the offender has accidentally wounded or
2. That he deliberately fails to restore the said injured
minor to his parents or guardian
3) Failing to deliver a child, under seven yrs.
When committed by either parent, penalty is whom the offender has found abandoned, to the
only arresto mayor. authorities or to his family, or by failing to take
him to a safe place
ART. 271- INDUCING A MINOR TO
ABANDON HIS HOME ART. 276-ABANDONING A MINOR
ELEMENTS:
Inducement must be (1) actual, and (2) 1. That the offender has the custody of a child
committed with criminal intent 2. That the child is under seven yrs.
3. That he abandons such child
Father or mother may commit crimes under 4. That he has no intent to kill the child when
Arts. 270 & 271 where they are living the latter is abandoned
separately and the custody of the minor
child has been given to one of them ART. 277-ABANDONMENT OF
MINOR BY PERSON ENTRUSTED WITH
ART. 272-SLAVERY HIS CUSTODY; INDIFFERENCE OF
ELEMENTS: PARENTS
1. That the offender purchases, sells, kidnaps,
ELEMENTS OF ABANDONMENT OF MINOR:
or detains a human being
1. That the offender has charge of the rearing
2. That the purpose of the offender is to
or education of a minor
enslave such human being
2. That he delivers said minor to a public
institution or other persons
ART. 273-EXPLOITATION OF CHILD 3. That the one who entrusted such child to the
LABOR offender has not consented to such act, or if
ELEMENTS: the one who entrusted such child to the
1. The offender retains a minor in his service offender is absent, the proper authorities
2. That it is against the will of the minor have not consented to it
3. That it is under the pretext of reimbursing
himself of a debt incurred by an ascendant, ELEMENTS OF INDIFFERENCE OF
guardian or person entrusted with the PARENTS:
custody of such minor 1. That the offender is a parent
2. That he neglects his children by not giving
ART. 274- SERVICES RENDERED them education
UNDER COMPULSION IN PAYMENT OF 3. That his station in life requires such
education and his financial condition permits
DEBT
it
ELEMENTS: 4. Failure to give education must be due to
1. That the offender compels a debtor to work deliberate desire to evade such obligation
for him, either as household servant or farm
laborer
2. That it is against the debtors will ART. 278-EXPLOITATION OF
54
MINORS crime is entering the closed premises or the

Prohibited Acts: dwelling against the fenced estate without
1) Causing any boy or girl under 16 to perform will of the owner; securing the
any dangerous feat of balancing, physical permission of the
strength, or contortion, the offender being any owner or caretaker
person thereof
2) Employing children under 16 who are not Prohibition to enter is Prohibition to enter
children or descendants of the offender in express or implied must be manifest
exhibitions of acrobat, gymnast, rope-walker,
diver, or wild animal tamer, the offender being an
acrobat, etc, or circus mgr. or engaged in a ART. 282-GRAVE THREATS
similar calling Prohibited Acts:
Threatening another with the infliction upon his
3) Employing any descendant under 12 years person, honor, or property or that of his family
of age in dangerous exhibitions enumerated in any wrong amounting to a crime:
the next preceding par., the offender being a) Demanding money or imposing a
engaged in any of the said callings condition
b) Without any such demand or condition
4) Delivering a child under 16 gratuitously to Qualifying Circumstance:
any person ff. any callings enumerated, or to any If threat was made in writing or through
habitual vagrant or beggar, the offender being an a middleman
ascendant, guardian, teacher, or person
entrusted in any capacity with the care of such ART. 283- LIGHT THREATS
child
ELEMENTS:
1. That the offender makes threat to commit a
5) Inducing any child under 16 to abandon the
wrong
home of its ascendants, guardians, curators or
2. That the wrong does not constitute a crime
teachers to follow any person engaged in any
3. That there is a demand for money or that
callings mentioned or to accompany any
other condition is imposed, even though not
habitual vagrant or beggar, the offender being
unlawful
any person
Blackmailing may be punished under Art.
Note: RA 7610 punishes abuse, exploitation and
283
discrimination of minors
ART. 284- BOND FOR GOOD
ART. 280-QUALIFIED TRESPASS TO
BEHAVIOR
DWELLING
ELEMENTS:
1. That the offender is a private person ART. 285-OTHER LIGHT THREATS
2. That he enters the dwelling of another Prohibited Acts:
3. That such entrance is against the latters will 1) Threatening another with a weapon, or by
drawing such weapon in a quarrel, unless it be
Qualified if committed by means of in lawful self-defense
violence/intimidation 2) Orally threatening another, in the heat of
anger, with some harm constituting a crime,
ART. 281-OTHER FORMS OF without persisting in the idea involved in his
threat
TRESPASS 3) Orally threatening to do another any harm
not constituting a felony
ART.280 ART. 281
Offender is a private The offender is any ART. 286-GRAVE COERCION
person person ELEMENTS:
1. That a person prevented another from doing
Offender enters a Offender enters something not prohibited by law, or
dwelling house closed premises or by compelling him to do something against
fenced estate his will, be it right or wrong
2. That the prevention or compulsion be
effected by violence, either by material force
Place entered is Place entered is or such display of force as would produce
inhabited uninhabited intimidation and control the will of the
Act constituting the It is the entering the offended party
55
3. That the person that restrained the will and ELEMENTS:

liberty of another had no authority 1. That the offender is a manager, employee or
servant
ART. 287- LIGHT COERCION 2. That he learns the secrets of his principal or
ELEMENTS: master in such capacity
1. That the offender must be a creditor 3. That he reveals such secrets
2. That he seizes anything belonging to his
debtor Damage not necessary
3. That the seizure of the thing be
accomplished by means of violence or a ART. 292-REVELATION OF
display of material force producing INDUSTRIAL SECRETS
intimidation
4. That the purpose of the offender is to apply ELEMENTS:
the same to the payment of the debt 1. That the offender is a person in charge,
employee or workman of a manufacturing or
UNJUST VEXATION includes any human industrial establishment
conduct which, although not productive of some 2. That the manufacturing/industrial
physical or material harm would, however, establishment has a secret of the industry
unjustly annoy or vex an innocent person. which the offender has learned
3. That the offender reveals such secrets
ART. 288- OTHER SIMILAR 4. That prejudice is caused to the owner
COERCIONS (COMPULSORY
PURCHASE OF MERCHANDISE &
CRIMES AGAINST PROPERTY
PAYMENT OF WAGES BY MEANS OF (ARTS. 293-331)
TOKENS) ART. 293-ROBBERY
Prohibited Acts:
1) Forcing or compelling, directly or indirectly,
CLASSIFICATION OF ROBBERY
or knowingly permitting the forcing or compelling
1. Robbery with violence against, or
of the laborer or employee of the offender to
intimidation of persons (294,297,298)
purchase merchandise or commodities of any
2. Robbery by use of force upon things (299&
kind from him
302)
2) Paying the wages due his laborer or
employee by means of tokens or objects other
ELEMENTS OF ROBBERY IN GENERAL:
than the legal tender currency of the Phil.,
1. That there be personal property belonging to
unless expressly requested by such laborer or
another;
employee
2. That there is unlawful taking of that property
3. That the taking must be with intent to gain
ART. 289-FORMATION, 4. That there is violence against or intimidation
MAINTENANCE, & PROHIBITION OF of any person/ or force used upon things
COMBINATION OF CAPITAL OR LABOR
THROUGH VIOLENCE OR THREATS Violence or intimidation must be present
before the taking of personal property is
complete
Pls see Labor Code Arts. 263, 264, 272 and 288
REPUBLIC ACT 6539 applies when the
ART. 290- DISCOVERING SECRETS property taken in robbery is a motor vehicle
THROUGH SEIZURE OF (CARNAPPING)
CORRESPONDENCE
ELEMENTS: CLASS I
1. That the offender is a private individual or ART. 294- ROBBERY WITH
even a public officer not in the exercise of VIOLENCE AGAINST OR INTIMIDATION
his official function
OF PERSONS
2. That he seizes the papers or letters of
another
3. That the purpose is to discover the secrets This article punishes robbery with either
of such other person homicide, rape, mutilation, arson, serious
4. That offender is informed of the contents of physical injuries or with clearly unnecessary
the papers or letters seized violence. These offenses are known as
SPECIAL COMPLEX CRIMES.
ART. 291-REVEALING SECRETS
WITH ABUSE OF OFFICE
56
ROBBERY BRIBERY ELEMENTS:

The victim is He parts with his 1. That the offender has intent to defraud
deprived of his money, money in a sense another
property by force or voluntarily 2. That the offender compels him to sign,
intimidation execute, or deliver any public instrument or
document
ART. 295- ROBBERY WITH 3. That the compulsion is by means of violence
or intimidation
PHYSICAL INJURIES, COMMITTED IN
AN UNINHABITED PLACE AND BY A
BAND OR WITH THE USE OF FIREARM CLASS II
ON A STREET, ROAD OR ALLEY ROBBERY BY THE USE OF FORCE UPON
Qualified Robbery with Force or Intimidation THINGS
of Persons: ART. 299- ROBBERY IN AN
Nos. 3,4,5 of Article 294: if committed- INHABITED HOUSE/ PUBLIC BUILDING
1) In an uninhabited place; or OR EDIFICE DEVOTED TO WORSHIP
2) By a band; or
ELEMENTS: (Subdivision A)
3) By attacking a moving train, street car, motor
1. The offender entered (a) an inhabited house
vehicle, or airship; or
(b) a public building or (c) an edifice devoted
4) By entering the passengers compartments
to religious worship
in a train, or in any manner taking the
2. The entrance was effected by any of the
passengers by surprise in the respective
following means:
conveyances; or
a) Through an opening not intended for
5) On a street, road, highway, or alley, and the
entrance or egress;
intimidation is made with the use of firearms, the
b) By breaking any wall, roof, floor,
offender shall be punished by the maximum
door or window;
periods of the proper penalties prescribed in
c) By using false keys, picklocks or
294.
similar tools; or
d) By using any fictitious name or
ART. 296- DEFINITION OF A BAND pretending the exercise of public
AND PENALTY INCURRED BY THE authority
MEMBERS THEREOF
OUTLINE The whole body of the culprit must be inside
1) When at least four armed malefactors take the building to constitute entering
part in the commission of a robbery, it is deemed
committed by a band. ELEMENTS: (Subdivision B)
1. Offender is inside a dwelling house, public
2) When any of the arms used in the building or edifice devoted to religious
commission of robbery is not licensed, the worship, regardless of the circumstances
penalty upon all the malefactors shall be the under which he entered.
maximum of the corresponding penalty provided 2. The offender takes personal property
by law without prejudice to the criminal liability belonging to another with intent to gain
for illegal possession of such firearms. under any of the following circumstances:
a. by the breaking of doors,
3) Any member by a band who was present at wardrobes, chests, or any other kind
the commission of a robbery by the band, shall of sealed furniture or receptacle
be punished as principal of any of the assaults b. by taking such furniture or objects
committed by the band, unless it be shown that away to be broken or forced open
he attempted to prevent the same. outside the place of the robbery
ART. 297-ATTEMPTED AND If the locked or sealed receptacle is not

forced open, crime is estafa or theft.
FRUSTRATED ROBBERY COMMITTED
UNDER CERTAIN CIRCUMSTANCES ART. 300- ROBBERY IN AN
UNINHABITED PLACE AND BY A BAND
SPECIAL COMPLEX CRIME: When
robbery is attempted or frustrated but
homicide is attendant When committed in an uninhabited place
AND by a band, as distinguished from
Qualified Robbery with Violence or
ART. 298-EXECUTION OF DEEDS BY
Intimidation of Persons (Art 295) which is
MEANS OF VIOLENCE OR committed in an uninhabited place OR by a
INTIMIDATION band.
57
robberies robbery
ART. 302 - ROBBERY IN AN 3. Mere formation is 3. Actual commission
UNINHABITED PLACE OR IN A punished of robbery necessary
PRIVATE BUILDING
Same manner of commission as Article 299 ART. 308-WHO ARE LIABLE FOR
THEFT
ART. 304- POSSESSION OF ELEMENTS:
PICKLOCKS OR SIMILAR TOOLS 1. That there be taking of personal property
ELEMENTS: 2. That said property belongs to another
1. That the offender has in his possession 3. That the taking be done with intent to gain
picklocks or similar tools 4. That the taking be done without the consent
2. That such picklocks or similar tools are of the owner
specially adopted to the commission of 5. That the taking be accomplished without the
robbery use of violence against or intimidation of
3. That the offender does not have lawful persons or force upon things
cause for such possession
What distinguishes THEFT from ROBBERY
ART. 305 FALSE KEYS is that in theft the offender does not use
violence or intimidation or does not enter a
INCLUSIONS:
house or building through any of the means
1. Tools not mentioned in the next preceding
specified in Art. 299 or Art. 302 in taking
article
personal property of another with intent to
2. Genuine keys stolen from the owner
gain
3. Any keys other than those intended by the
owner for use in the lock forcibly opened by
the offender ART. 310-QUALIFIED THEFT
There is qualified theft in the ff. instances:
PRESIDENTIAL DECREE 532 modified 1) If theft is committed by a domestic servant
Art 306 & 307
ART. 306 BRIGANDAGE 2) If committed with grave abuse of confidence
ELEMENTS:
3) If the property stolen is a motor vehicle, mail
1. There be at least four armed persons.
matter, or large cattle
2. They formed a band of robbers.
3. The purpose is any of the following:
4) If the property stolen consists of coconuts
a) To commit robbery in a highway; or
taken from the premises of plantation
b) To kidnap persons for the purpose of
extortion or to obtain ransom; or
5) If the property stolen is fish taken from a
c) To attain by means of force or
fishpond or fishery
violence any other purpose
6) If property is taken on the occasion of fire,
Any person who aids or abets the
earthquake, typhoon, volcanic eruption, or any
commission of highway robbery or brigandage
other calamity, vehicular accident or civil
shall be considered accomplices.
disturbance
a) by giving information about the
movement of police or other peace
officers of the government PRESIDENTIAL DECREE 533 ANTI-
b) acquires or receives property taken CATTLE RUSTLING LAW OF 1974
from such brigands CATTLE RUSTLING the taking away by any
c) in any manner derives any benefit means, method or scheme, without the consent
therefrom of the owner/raiser, of any of the animals
d) directly/indirectly abets the (classified as large cattle) whether or not for
commission of highway robbery profit or gain, or whether committed with or
without violence against or intimidation of any
BRIGANDAGE ROBBERY IN BAND person or force upon things. It includes the
1. Purpose: commit 1. Purpose: commit killing of large cattle, or taking its meat or hide
robbery in highway; or robbery, not without the consent of the owner /raiser.
to kidnap person for necessarily in
ransom; or any other highways Note: Cattle rustling is mala in se since PD 533
purpose attained by is an amendment to Arts. 308, 309 and 310 of
force and violence the RPC (TAER vs. CA)
2. Agreement is to 2. Agreement to
commit several commit a particular ANTI-FENCING LAW
58
(PD #1612) 1. That there be boundaries marks or

Section 2. Definition of Terms. monuments of towns, provinces, or estates,
or any other marks intended to designate
Fencing - the act of any person who, w/ intent to the boundaries of the same
gain for himself or for another, shall buy, receive, 2. That the offender alters said boundary
possess, keep, acquire, conceal, sell, or dispose marks
of, or shall buy and sell, or in any other manner
deal any article, item, object or anything of value ART. 314- FRAUDULENT
w/c he knows, or should be known to him, to INSOLVENCY
have been derived from the proceeds of the ELEMENTS:
crime of robbery or theft. 1. That the offender is a debtor
2. That he absconds with his property
Section 5. Presumption of Fencing. 3. That there be prejudice to his creditors
ART. 315-SWINDLING/ESTAFA
Mere possession of any good, article, item,
ELEMENTS in general
object, or anything of value w/c has been the
1. That the accused defrauded another by
subject of robbery or thievery shall be prima
abuse of confidence, or by means of deceit
facie evidence of fencing.
2. That damage or prejudice capable of
pecuniary estimation is caused to the
Section 6. Clearance/Permit to Sell Used/
offended party or third persons
Second Hand Articles.
ESTAFA WITH UNFAITHFULNESS OR ABUSE
All stores, establishments or entities dealing
OF CONFIDENCE
in the buy and sell of any good, article, item,
object or anything of value shall before
ELEMENTS OF 315, NO.1 (A):
offering the same for sale to the public,
1. That the offender has an onerous obligation
secure the necessary clearance or permit
to deliver something of value
from the station commander of the
2. That he alters its substance, quantity or
Integrated National Police in the town or city
quality
where such store, establishment or entity is
3. That damage or prejudice is caused to
located.
another
Any person who fails to secure the required
ELEMENTS OF 315, NO.1 (B)
clearance/permit shall also be punished as a
1. That money, goods, or other personal
fence.
property be received by the offender in trust,
or on commission, or for administration, or
under any other obligation involving the duty
CRIMES CALLED USURPATION
to make delivery of, or to return, the same
(ARTS. 312 & 313)
2. That there be misappropriation or
ART. 312- OCCUPATION OF REAL conversion of such money or property by the
PROPERTY OR USURPATION OF REAL offender, or denial on his part of such receipt
RIGHTS IN PROPERTY 3. That such misappropriation or conversion or
ELEMENTS: denial is to the prejudice of another
1. That the offender takes possession of any 4. That there is demand made by the offended
real property or usurps any real rights in party to the offender
property
2. That the real property or real rights belong to THEFT ESTAFA
another if he had acquired if in receiving the
3. That violence against or intimidation of only the material or thing from the offended
persons is used by the offender in occupying physical possession of party, the offender
real property or usurping real property or the thing acquired also the
usurping real rights in property juridical possession of
4. That there is intent to gain the thing and he later
misappropriated it
THEFT/ROBBERY ART.312
Personal property is Real property or real ESTAFA MALVERSATION
taken right involved The funds or Usually public funds
property are private or property
Offender is a private Offender who is
ART.313 - ALTERING BOUNDARIES individual or even a usually a public officer
OR LANDMARKS public officer who is is accountable for
ELEMENTS: not accountable for public funds or
59
public funds or property bank, or his funds deposited therein were

property not sufficient to cover the amount of the
Crime is committed Crime is committed check
by misappropriating, by appropriating,
converting or denying taking or BATAS PAMBANSA 22
having received misappropriating or Bouncing Checks Law
money, goods, or other consenting, or through Section 1. Checks Without Sufficient Funds
personal property abandonment or
negligence, permitting 2 Offenses punished in BP 22
any other person to 1) Making or Drawing and issuing a check
take the public funds or knowing at the time of issue that he does not
property have sufficient funds.
ELEMENTS OF 315, NO.1 (C) Elements:
1. That the paper with the signature of the a. That a person draws a check.
offended party be in blank b. That the check is made or drawn and
2. That the offended party should have issued to apply on account or for value.
delivered it to the offender c. That the person knows that at the time
3. That above the signature of the offended of issue he does not have sufficient
party a document is written by the offender funds in or credit with the drawee bank
without authority to do so for the payment of such check upon its
4. That the document so written creates a presentment.
liability of, or causes damage to the d. That the check is subsequently
offended party or any third person dishonored by the drawee bank for the
insufficiency of funds or would have
ESTAFA BY MEANS OF DECEIT (Art. 315, been dishonored for the same reason
nos. 2 and 3) had not the drawer, without any valid
reason ordered the bank to stop
ELEMENTS OF 315, NO.2: payment.
1. That there must be false pretense,
fraudulent act or fraudulent means 2) Failing to keep sufficient funds to cover
2. That such false pretense, fraudulent act or check if presented within a period of 90 days
fraudulent means must be made or from the date appearing thereon.
executed prior to or simultaneously with the Elements:
commission of fraud a. That a person has sufficient funds with
3. That the offended party must have relied on the drawee bank when he makes or
the false pretense, fraudulent act, or issues a check.
fraudulent means, that is, he was induced to b. That he fails to keep sufficient funds or
part with is money or property because of to maintain a credit to cover the full
the false pretense, fraudulent act, or amount if presented within a period of
fraudulent means 90 days from the date of appearing
4. That as a result thereof, the offended party thereon.
suffered damage c. That the check is dishonored.
315 NO.2 (A) VACA CASE:

1) By using a fictitious name Imposed only the fine and not imprisonment.
2) By falsely pretending to possess power, However, in case of insolvency then subsidiary
influence, qualifications, property, credit, agency, imprisonment is applied.
business or imaginary transactions It does not, however, altogether remove
3) By means of other similar deceits from the trial court the discretion to impose the
penalty of imprisonment when the
315 No.2 (B) circumstances so warrant.
By altering the quality, fineness or
weight of anything pertaining to his business Prosecution under BP 22 shall be without
prejudice to any liability for any violation in
315 No.2 (C) the RPC.
By pretending to have bribed any
Government employee The fine under BP22 is based on the
amount of the check and is without regard to
ELEMENTS OF 315 No. 2 (D) the amount of damaged caused.
1. That the offender postdated a check, or
issued a check in payment of an obligation BP22 RPC
2. That such postdating or issuing a check was 1. endorsers are not 1. endorsers who
done when the offender had no funds in the liable; acted with deceit
60
knowing that the check ELEMENTS OF 315 NO. 3 (C)

is worthless will be 1. That there be court record, office files,
criminally liable; documents or any other papers
2. malum prohibitum; 2. malum in se; 2. That the offender removed, concealed or
destroyed any of them
3. Issuance of check 3. It is the means to 3. That the offender had intent to defraud
is for value or on obtain the valuable another
account; consideration from the
payee (debt is not pre-
existing).
4. a crime against 4. a crime against
public interest because property;
it affects the entire INFIDELITY IN ESTAFA (Art.315C)
banking system; CUSTODY OF
5. Deceit and 5. False pretenses or DOCUMENT (Art.226)
damage are not deceit and damage or Offender is a public The offender is a
elements of the crime; at least intent to cause officer who is officially private individual who
The gravamen of the damage are essential entrusted with the is not officially
offense is the issuance and the false document entrusted with the
of the check pretenses must be documents
prior to or
simultaneous with the
damage caused. ART. 316- OTHER FORMS OF
6. The drawer is 6. given 3 days after SWINDLING
given 5 days after receiving notice of PERSONS LIABLE:
receiving notice of dishonor; 1) Any person who, pretending to be the owner
dishonor within which of any real property, shall convey, sell, encumber
to pay or make or mortgage the same
arrangements for
payment; 2) Any person who, knowing that real property
7. that there are no 7. that there are no is encumbered, shall dispose of the same,
funds or there are funds or no sufficient although such encumbrance be not recorded
insufficient funds at the funds at the time of
time of issuance issuance or at the time 3) The owner of any personal property who
of presentment if made shall wrongfully take it from its lawful possessor,
within 90 days to the prejudice of the latter or any third person
3 WAYS TO COMMIT 315, NO. 2(E) 4) Any person who, to the prejudice of another,
1) By obtaining food, refreshment or shall execute any fictitious contract
accommodation at hotel, inn, restaurant,
boarding house, lodging house or apartment 5) Any person who shall accept any
house without paying therefor, with intent to compensation given under the belief that it was
defraud the proprietor or manager thereof in payment of services rendered or labor
2) By obtaining credit at any of the said performed by him, when in fact he did not
establishments by the use of any false pretense actually perform such services or labor
3) By abandoning or surreptitiously removing
any part of his baggage from any of the said 6) Any person who, while being a surety in a
establishment after obtaining credit, food, bond given in a criminal or civil action, without
refreshment or accommodation therein, without express authority from the court or before the
paying cancellation of his bond or before being relieved
from the obligation contracted by him, shall sell,
ELEMENTS OF 315 NO. 3 (A) mortgage, or, in any other manner, encumber
1. That the offender induced the offended party the real property or properties with which he
to sign a document guaranteed the fulfillment of such obligation
2. The deceit be employed to make him sign
the document ART. 317-SWINDLING A MINOR
3. That the offended party personally signed ELEMENTS:
the document 1. That the offender takes advantage of the
4. That prejudice be caused inexperience or emotions or feelings of a
minor
315 No. 3 (B) - resorting to some fraudulent 2. That he induces such minor to assume an
practice to insure success in a gambling game obligation, or to give release, or to execute a
61
transfer of any property right in any legislative, judicial, administrative or other

3. That the consideration is some loan of official proceeding
money, credit, or other personal property 6) Any hospital, hotel, dormitory, lodging
4. That the transaction is to the detriment of house, housing tenement, shopping center,
such minor public or private market, theater or movie house
or any similar place or building
ART. 318- OTHER DECEITS 7) Any building, whether used as a dwelling or
1) By defrauding or damaging another by any not, situated in a populated or congested area
other deceit not mentioned in the preceding
articles OTHER CASES OF ARSON
2) By interpreting dreams, by making forecasts, 1) Any building used as offices of the
by telling fortunes, by taking advantage of the Government or any of its agencies
credulity of the public in any other similar 2) Any inhabited house or dwelling
manner, for profit or gain 3) Any industrial establishment, shipyard, oil
well or mine shaft, platform or tunnel
ART 319- REMOVAL, SALE OR 4) Any plantation, farm, pasture land, growing
crop or grain field, orchard, bamboo grove or
PLEDGE OF MORTGAGED PROPERTY forest
ELEMENTS: (par 1) 5) Any rice mill, sugar mill, cane mill or mill
1. personal property mortgaged under Chattel central
Mortgage Law 6) Any railway or bus station, airport, wharf, or
2. Offender knows such mortgage warehouse
3. He removes personal property to any
province or city other than the one in which it SPECIAL AGGRAVATING CIRCUMSTANCES
was located at the time of the execution of IN ARSON
the mortgage 1) If committed with intent to gain
4. Removal is permanent 2) If committed for the benefit of another
5. No written consent of mortgagee, executors, 3) If the offender be motivated by spite or
administrators or assigns to such removal hatred towards the owner or occupant of the
property burned
ELEMENTS: (par 2) 4) If committed by a syndicate
1. Personal property pledged under CML
2. Offender, who is the mortgagor, sells or The offense is committed by a syndicate if it
pledges the same property or any part is planned or carried out by a group of three
thereof or more persons
3. No consent of mortgagee written at the back
of mortgage and noted on the record thereof If a part of the building commences to burn,
in the Office of the Register of Deeds the crime is consummated arson, however
small is the portion burned.
Damage to the mortgagee not essential
When there is fire, the crime committed is
either frustrated or consummated arson,
ART. 320-326-b REPEALED BY PD 1613 never attempted.
PD 1613 AMENDING THE LAW ON
ARSON Mere conspiracy to commit arson is
ARSON when any person burns or sets fire to punishable.
the property of another; or to his own property
under circumstances which expose to danger ART. 327 MALICIOUS MISCHIEF
the life or property of another ELEMENTS:
1. That the offender deliberately caused
DESTRUCTIVE ARSON damage to the property of another
1) Any ammunition factory and other 2. That such act does not constitute arson or
establishment where explosives, inflammable or other crimes involving destruction
combustible materials are stored 3. That the act of damaging anothers property
2) Any archive, museum, whether public or be committed merely for the sake of
private, or any edifice devoted to culture, damaging it
education or social services.
3) Any train, airplane or any aircraft, vessel or ART. 328 SPECIAL CASES OF
watercraft, or conveyance for transportation of
MALICIOUS MISCHIEF (QUALIFIED)
persons or property
1) Causing damage to or obstructing the
4) Any church or place of worship or other
performance of public functions
building where people usually assemble
2) Using poisonous or corrosive substances
5) Any building where evidence is kept for use
3) Spreading any infection or contagion among
62
cattle other
4) Causing damage to the property of the
National Museum or National Library, or to any The pardon must come before the institution
archive or registry, waterworks, road, of the criminal prosecution
promenade, or any other thing used in common
by the public The offended party must pardon both the
offenders
ART. 329 OTHER MISCHIEFS
Abandonment of the wife by the husband
Mischief not included in the next without justification is only a mitigating
preceding article circumstance
ART. 330 DAMAGE AND ART. 334 CONCUBINAGE
OBSTRUCTION TO MEANS OF ELEMENTS:
1. That the man must be married
COMMUNICATION 2. That he committed any of the ff. acts:
PERSONS LIABLE: a. keeping a mistress in the conjugal
Any person who shall damage any dwelling.
railway, telegraph or telephone lines b. having sexual intercourse under
scandalous circumstances with a
The offense is qualified if the damage shall woman who is not his wife
result in the derailment of cars, collision or c. cohabiting with her in any other place
other accident. 3. As regards to the woman, she must know
him to be married
ART 331- DESTROYING OR
DAMAGING STATUES, PUBLIC ART. 336- ACTS OF
MONUMENTS OR PAINTINGS LASCIVIOUSNESS
ELEMENTS:
ART. 332 PERSONS EXEMPT 1. That the offender commits any act of
lasciviousness or lewdness
FROM CRIMINAL LIABILITY
2. That it is done under any of the ff.
CRIMES INVOLVED: circumstances
1) Theft a. By using force or intimidation
2) Swindling b. When the offended party is deprived of
3) Malicious mischief reason or otherwise unconscious
PERSONS EXEMPTED:
ART. 337- QUALIFIED SEDUCTION
1) Spouses, ascendants and descendants, or
relatives by affinity on the same line Two classes
2) The widowed spouse with respect to the 1) Seduction of a virgin over 12 years and
property which belonged to the deceased under 18 years of age by persons who abuse
spouse before the same shall have passed to their authority or the confidence reposed
the possession of another 2) Seduction of a sister by her brother or
3) Brothers and sisters and brothers in law and descendant by her ascendant, regardless of her
sisters in law, if living together age and reputation
Stepfather, adopted father, natural children, VIRGINITY - does not mean physical virginity.
concubine, paramour included The RPC does not exclude the idea of abduction
of a virtuous woman of good reputation.
Also applies to common-law spouses
ART. 338 SIMPLE SEDUCTION
CRIMES AGAINST CHASTITY ELEMENTS:
(ARTS 333-343) 1. That the offended party is over 12 and under
18 years of age
ART. 333 ADULTERY
2. That she must be of good reputation, single
ELEMENTS:
or widow
1. That the woman is married
3. That the offender has sexual intercourse
2. That she has sexual intercourse with a man
with her
not her husband
4. That it is committed by means of deceit
3. That as regards to the man with whom she
has sexual intercourse, he must know her to
be married ART. 339 ACTS OF
LASCIVIOUSNESS WITH THE CONSENT
The acquittal of one of the defendants does OF THE OFFENDED PARTY
not operate as a cause for acquittal of the
63
ELEMENTS: AND REPUTATION OF THE VICTIM ARE

1. That the offender commits acts of IMMATERIAL:
lasciviousness or lewdness 1) Acts of Lasciviousness against the will
2. That the acts are committed upon a woman of the offended party; or against a sister or
who is a virgin or a widow of good descendant
reputation, under 18 years of age but over 2) Qualified Seduction of sister or
12 years, or a sister or descendant descendant
regardless of her reputation or age 3) Forcible Abduction
3. That the offender accomplishes the acts by
abuse of authority, confidence, relationship
or deceit
ART. 340 CORRUPTION OF ART. 344 PROSECUTION OF THE
MINORS (AS AMENDED BY BP 92) CRIMES OF ADULTERY,
CONCUBINAGE, SEDUCTION,
To promote or facilitate the prostitution or ABDUCTION, RAPE AND ACTS OF
corruption of persons under age to satisfy
the lust of another LASCIVIOUSNESS
1) Adultery and concubinage must be
RA 7610 - Child Prostitution and Attempt to prosecuted upon the complaint signed by the
Commit Child Prostitution are punished under offended spouse
this Act. 2) Seduction, abduction and acts of
lasciviousness must be prosecuted upon the
complaint signed by
ART. 341- WHITE SLAVE TRADE
a. Offended party
PROHIBITED ACTS:
b. Her parents
1) Engaging in the business of prostitution
c. Grandparents
2) Profiting by prostitution
d. Guardians
3) Enlisting the services of women for the
in the order named above.
purpose of prostitution
Pardon to adultery and concubinage may be
ART. 342- FORCIBLE ABDUCTION express or implied; whereas express pardon
ELEMENTS: of the offender is required to bar prosecution
1. That the person abducted is a woman for seduction, abduction, abduction, or acts
2. That the abduction is against her will of lasciviousness
3. That the abduction is with lewd design
Condonation is not pardon in concubinage
FORCIBLE GRAVE COERCION/ or adultery any subsequent act of the
ABDUCTION KIDNAPPING offender showing that there was no
With lewd design No lewd design repentance will not bar the prosecution of
the offense
Conviction of acts of lasciviousness, not a Pardon by the offended party who is a minor
bar to conviction of forcible abduction must have the concurrence of parents
except when the offended party has no
Attempted Rape is absorbed by Forcible parents
Abduction as the former constitutes the
element of lewd design Marriage of the offender with the offended
party benefits the co-principals, accomplices
ART. 343- CONSENTED ABDUCTION and accessories EXCEPT in rape because it
ELEMENTS: is already a crime against person; marriage
1. That the offended party must be a virgin obliterates criminal liability as to the
2. That she must be over 12 and under 18 husband only
years of age
3. That the taking away of the offended party ART. 345 CIVIL LIABILITY OF
must be with her consent, after solicitation or PERSONS GUILTY OF CRIMES
cajolery from the offender AGAINST CHASTITY
4. That the taking away of the offended party PERSONS WHO ARE GUILTY OF RAPE,
must be with lewd designs SEDUCTION, OR ABDUCTION SHALL ALSO
BE SENTENCED:
If girl is under 12 ALWAYS FORCIBLE 1) To indemnify the offended woman
ABDUCTION 2) To acknowledge the offspring, unless the
law should prevent him from doing so
CRIMES AGAINST CHASTITY WHERE AGE
64
3) In every case to support the offspring ART. 351- PREMATURE MARRIAGES

PERSONS LIABLE:
ART. 347 SIMULATION OF 1) A widow who married within 301 days from
BIRTHS, SUBSTITUTION OF ONE the date of the death of her husband, or before
CHILD FOR ANOTHER, CONCEALMENT having delivered if she is pregnant at the time of
his death
OR ABANDONMENT OF A LEGITIMATE 2) A woman whose marriage having been
CHILD annulled or dissolved, married before delivery or
Object of the crime under ART. 347 is before expiration of the period of 301 days after
the creation of false or the causing of the loss of the date of legal separation
civil status
ART. 348 USURPATION OF CIVIL Period may be disregarded if the first
STATUS husband was impotent or sterile
Usurping the civil status of another is
committed by assuming the filiation, or the ART. 352- PERFORMANCE OF
parental or conjugal rights of another with ILLEGAL MARRIAGES
intent to enjoy the rights arising from the civil
status of the latter. Priests, or ministers of any religious
denomination or sect, or civil authorities who
Crime is qualified if the purpose is to defraud shall perform or authorize any legal
offended parties and heirs marriage ceremony
CRIMES AGAINST HONOR

ILLEGAL MARRIAGES (ARTS 355-364)
(ARTS 349-351) ART. 353 LIBEL
ART. 349 BIGAMY ELEMENTS:
ELEMENTS: 1. That there must be an imputation of a crime,
1. That the offender is legally married or a vice or defect, real or imaginary, or any
2. That the marriage has not been dissolved act, omission, condition, status or
or, in case the spouse is absent, the absent circumstance
spouse could not yet be presumed dead 2. That the imputation must be made publicly
according to the Civil Code 3. That it must be malicious
3. That he contracts a second marriage or 4. That the imputation must be directed at a
subsequent marriage natural person or a juridical person, or one
4. That the second or subsequent marriage who is dead.
has all the essential requisites for validity 5. That the imputation must tend to cause the
dishonor, discredit, or contempt of the
A person convicted of bigamy may still be person defamed.
prosecuted for concubinage.
2 TYPES OF MALICE:
The second spouse who knew of the first 1) malice in fact shown by proof of ill-
marriage is an accomplice, as well as the will, hatred, or purpose to injure; also known
person who vouched for the capacity of as EXPRESS MALICE
either of the contracting parties. 2) malice in law presumed from
defamatory imputation; proof is not required
ART. 350 MARRIAGE because it is presumed to exist from the
CONTRACTED AGAINST PROVISIONS defamatory imputation;
OF LAWS When the communication is PRIVILEGED,
ELEMENTS: malice is not presumed from the defamatory
1. That the offender contracted marriage words.
2. That he knew at the time that ---
a. The requirements of the law were ART. 354 REQUIREMENT FOR
not complied with; or PUBLICITY
b. The marriage was in disregard of a MALICE IN LAW Every defamatory
legal impediment imputation is presumed to be malicious, even if it
c. The offender must not be guilty of be true, if no good intention or justifiable motive
bigamy is shown.
Qualifying Circumstance - if either of the The PRESUMPTION is rebutted if it is shown

contracting parties obtains the consent of the by the accused that
other by means of violence, intimidation or fraud
65
a. The defamatory imputation, is true, in SUCH PUBLICATION FOR A

case the law allows proof of the truth of COMPENSATION
the imputation. (see Art. 361)
Prohibited acts:
b. It is published with good intention.
1) Threatening another to publish a libel
c. There is justifiable motive for making it.
concerning him, or his parents, spouse, child or
MALICE is not presumed in the following
other members of the family
cases:
2) Offering to prevent the publication of such
1) Private communication made by any person
libel for compensation or money consideration
to another in the performance of any legal, moral
or social duty.
FELONIES WHERE BLACKMAIL IS
2) A fair and true report of any judicial,
POSSIBLE:
legislative, or other proceedings which are not of
1) Light threats (283)
confidential nature;
2) Threatening to publish, offering to prevent
3) Or of any statement, report, or speech
the publication of a libel for compensation (356)
delivered in said proceedings, or of any other act
performed by public officers in the exercise of
their functions ART. 357 PROHIBITED
PUBLICATION OF ACTS REFERRED TO
R.A. 4200-THE ANTI-WIRE TAPPING IN THE COURSE OF OFFICIAL
ACT. PROCEEDINGS
REPUBLIC ACT NO.4200 ELEMENTS:
1. The offender is a reporter, editor or manager
Section 1. Unlawful acts by any person or of a newspaper, daily or magazine
participant, not authorized by all the parties to 2. He publishes facts connected with the
any private communication or spoken word : private life of another
1. to tap any wire or cable 3. Such facts are offensive to the honor, virtue
2. to use any other device or arrangement and reputation of said person
3. to secretly overhear, intercept or record such
communication by using a device known as Prohibition applies even if the facts are
dictaphone/ dictagraph/ detectaphone/ involved in official proceedings.
walkie-talkie/ tape-recorder
4. to knowingly possess any tape/wire or disc Source of news report may not be revealed
record or copies of any communication or unless the court or a House or Committee
spoken word of Congress finds that such revelation is
5. to replay the same for any person or demanded by the security of the State
persons
6. to communicate the contents thereof, ART. 358 SLANDER (oral
verbally or in writing defamation)
7. to furnish transcriptions thereof, whether KINDS:
complete or partial 1) Simple slander
EXCEPTION: 2) Grave slander, when it is of a serious and
When a peace officer is authorized by insulting nature
written order from the court
ART. 359 SLANDER BY DEED
Any recording, communication or spoken ELEMENTS:
word obtained in violation of the provisions 1. That the offender performs any act not
of this Act - INADMISSIBLE IN EVIDENCE included in any other crime against honor
IN ANY JUDICIAL, QUASI-JUDICIAL OR 2. That such act is performed in the presence
ADMINISTRATIVE HEARING OR of other persons
INVESTIGATION. 3. That such act cast dishonor, discredit, or
contempt upon the offended party
ART. 355 LIBEL BY MEANS OF
WRITINGS OR SIMILAR MEANS Common element of Slander by deed and
Unjust Vexation Irritation or Annoyance;
Committed by means of: 1) writing 2) Without any other concurring factor, it is only
printing 3) lithography 4) engraving 5) radio 6) Unjust Vexation; If the purpose is to shame or
phonograph 7) painting 8) theatrical exhibition 9) humiliate, Slander by deed.
cinematographic exhibitions 10) similar means
ART 360 PERSONS RESPONSIBLE
ART. 356 THREATENING TO FOR LIBEL
PUBLISH AND OFFER TO PREVENT
66
1) Any person who shall publish, exhibit or Committed by any person who shall
cause the publication or exhibition of any make any intrigue which has for its principal
defamation in writing or by similar means purpose to blemish the honor or reputation of
2) The author, editor of the book or pamphlet another.
3) Editor, Business manager of newspaper or ART. 365 IMPRUDENCE AND
magazine, responsible to the same extent NEGLIGENCE
as if he were the author
4) Owner of the printing plant which publishes
ELEMENTS (RECKLESS IMPRUDENCE):
the libelous article and all other persons who
1. That the offender does or fails to do an act.
in any way participate
2. That the doing of or the failure to do that act
is voluntary.
ART. 361 PROOF OF TRUTH 3. That it be without malice.
WHEN PROOF OF THE TRUTH IS 4. That material damage results.
ADMISSIBLE IN A CHARGE FOR LIBEL: 5. That there is inexcusable lack of precaution
1. When the act or omission imputed on the part of the person performing or
constitutes a crime regardless of whether the failing to perform such act taking into
offended party is a private individual or a consideration - - -
public officer. a) Employment or occupation.
2. When the offended party is a Government b) Degree of intelligence, physical
employee, even if the imputation does not condition.
constitute a crime, provided it is related to the c) And other circumstances regarding
discharge of his official duties. persons, time and place.
Defense in defamation: ELEMENTS (SIMPLE IMPRUDENCE):

1. It appears that the matters charged as 1) That there is lack of precaution on the
libelous is true part of the offender.
2. It was published with good motives 2) That the damage impending to be
3. And for a justifiable end caused is not immediate nor the danger
clearly manifest.
ART. 363 INCRIMINATING
INNOCENT PERSONS Art 64 relative to mitigating and aggravating
ELEMENTS: circumstances not applicable to crimes
1. That the offender performs an act committed through negligence
2. That by such act he directly incriminates or
imputes to an innocent person the THE PENALTIES PROVIDED FOR IN ARTICLE
commission of a crime 365 ARE NOT APPLICABLE WHEN:
3. That such act does not constitute perjury a) the penalty provided for the offense is equal
to or lower than those provided in the first
INCRIMINATING PERJURY BY two paragraphs of Art 365
INNOCENT MAKING FALSE b) by imprudence or negligence, and with
PERSONS ACCUSATIONS violation of the Automobile Law, the death of
Limited to the act of Giving of false a person shall be caused
planting evidence and statement under oath
the like in order to or making a false
incriminate an affidavit, imputing to QUALIFYING CIRCUMSTANCE:
innocent person the person the When the offender fails to lend help to
commission of a crime the injured parties
INCRIMINATING DEFAMATION
INNOCENT - END OF BOOK TWO-
PERSONS
Offender does not Imputation is public
avail himself of written and malicious
or spoken words in calculated to cause
besmirching the dishonor, discredit, or
victims reputation contempt upon the
offended party
ART. 364 INTRIGUING AGAINST

HONOR
67

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MEMORY AID IN CRIMINAL LAW

SAN BEDA COLLEGE OF LAW 2003 CENTRALIZED BAR OPERATIONS

MEMORY AID IN CRIMINAL LAW crime is obliterated.

3. Merchant Vessel vs. Warship(Public Vessel) MALA IN SE vs. MALA PROHIBITA

frustrated impossible crime.

PROXIMATE CAUSE -the cause, which, in ELEMENTS:

carried out. TWO ASPECTS OF CONSPIRACY OR

MATERIAL CRIMES - 3 stages of execution. EXCEPTION: If any of the co-conspirators

REQUISITES OF PROPOSAL: ART. 11. JUSTIFYING CIRCUMSTANCES

TEST OF REASONABLENESS - the means 4. AVOIDANCE OF GREATER EVIL OR

commit a crime. As to May be offset by Cannot be

REQUISITES: (CODE: SOI) sufficient to produce such a condition of

Physical defect - referred to in this paragraph is

DEFINITIONS the offended party must be immediate and

3. An uninhabited place - is one where par 8 (WITH AID OF ARMED

SUMMARY OF RULES WHEN TREACHERY IS criminals to avail themselves of minors taking

WHERE APPLICABLE: IGNOMINY VS. CRUELTY

a. MITIGATING: As a rule, relationship is GRAVE AND LESS GRAVE FELONIES:

It is aggravating even if offended party is a Two parties in all crimes

Lack of instruction or low degree of it, is REQUISITES of #1 (Principal by

2. that such inducement be the 1. Participation in the criminal resolution,

6. Deprives a person accused of a crime of 2. Reclusion Perpetua;

Executive Offended Party 2. The proceeds and instruments or tools of

Subsidiary penalty is not an accessory CRIMES PUNISHABLE BY DEATH UNDER RA

NO COMPLEX CRIME IN THE FOLLOWING

ARTS. 50 TO 57: same title

PD 968, AS AMENDED 1. Sentenced to serve a maximum of

F. PROBATION SHALL BE DENIED IF THE J. ARREST OF PROBATIONER

in favor of a single individual, and is usually

to the care and vigilance over the goods;

Art. 93. PRESCRIPTION OF PENALTIES

ART. 104. WHAT IS INCLUDED IN CIVIL

ART 110. SEVERAL AND SUBSIDIARY

1. Each within their respective class is liable in

-End of Book One-

BOOK TWO this is a separate and distinct offense.

CRIMES AGAINST NATIONAL SECURITY ART. 116- MISPRISION OF

opened for disembarkation. ART. 126- DELAYING RELEASE

Art. 125 is not applicable when the arrest is COMMON ELEMENTS:

ART. 129- SEARCH WARRANTS

MALICIOUSLY OBTAINED AND ABUSE 1. That the offender is a public

Indeterminate Sentence Law is not upon the person or property of any

ART. 137- DISLOYALTY OF PUBLIC ART. 141- CONSPIRACY TO

armed or not, is incited to the commission of the

CRIMES AGAINST POPULAR PERSONS LIABLE IN ILLEGAL ASSEMBLY:

1. Simple assault 4) Restraining another from attending as a

DIRECT ASSAULT IS QUALIFIED WHEN: ELEMENTS OF SIMPLE DISOBEDIENCE:

Serious disturbance must be planned or penal establishment (detention included)

OUTCRY to shout spontaneously, KINDS OF EVASION OF SERVICE OF

CHARIVARI - includes a medley of ART. 159- OTHER CASES OF

Coins must be of legal tender

2) Importation of such false or forged public intervened

a genuine document which changes its falsification, an act

ART. 177-USURPATION OF Defendant must be sentenced to at least a

CRIMES CLASSIFIED AS FRAUDS PUNISHABLE ACTS:

Paragraph H applies only to pharmacists, Acquittal in a case of importation does not

ART. 202- VAGRANTS &

PROSTITUTES - women who, for money or ART. 207- MALICIOUS DELAY IN

3) Undertaking the defense of the opposing Section 3. Corrupt Practices of Public

interested party. any business, transaction, contract or

Section 12. Termination of office. Plunder - a crime committed by any public

than those authorized by law a. Official custody of public funds or

The offender is a public officer who takes MALVERSATION MAY BE COMMITTED BY