Criminal Law Review

Ch

F
i) ATENEO
CENTRAL
R OPERATIONS 20791

JORGE ALFONSO C. MELO

Bar Review Coordinator
LEILA S. LIM
Bar Review Secretariat
ATENEO CENTRAL BAR OPERATIONS
PATRICK EDWARD BALISONG

Chairman
KATRINA Y. COSCOLLUELA JONATHAN VICTOR NOEL CZARINA CHER CUERPO

GENICA THERESE ENDALUZ JOHN STEPHEN PANGILINAN BENIGNO ENCISO
Administration Committee Heads Academics Committee Heads Hotel Operations Committee Heads
JUDGE OSCAR PIMENTEL (RET.)

RONALD C. CHUA
CRIMINAL LAW Faculty Advisers
ALELI JOYCE BUCU

BERNADETTE ENCARNACION
PATRICIA THERESE MIRADOR
CRIMINAL LAW Subject Heads
EUNICE A. MALAY°
FRANCES CHRISTINE F. SAYSON
Central Bar Operations
Academics Understudies
PATRICIA LORENZA GUTTIEREZ

PATRICK CALDO
TRISHA FEJJ MAE EGUIA
CRIMINAL LAW Understudies
KALI NAVEAH-HUFF ELLAINE QUIZON FRICELA KIM CARREON

RICHELA PUNO PATRICIA SORIANO CHRISTINA BALTAZAR
DOROTHY HELENA DULNOAN MIKA MONSALUD CARMINA LOUISE ARAGON
ANGELINE PAMIE LEE
CRIMINAL LAW Volunteers
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pAR OPERATIONS 2019 CRIMINAL LAW
TABLE OF CONTENTS
I. FUNDAWNTAL PRINCPLES
A. FUNDAMENTAL PRINCIPLES & DEFINITION OF TERMS 1

CRIMINAL LAW is that branch of municipal law which defines crimes, treats of their nature and provides for their
punishment. 1
B. SCOPE OF APPLICATION AND CHARACTERISTICS OF PHILIPPINE CRIMINAL LAW 2
II. FELONIES 5
A. CLASSIFICATION OF FELONIES 5
B. ELEMENTS OF CRIMINAL LIABILITY 6
C. IMPOSSIBLE CRIMES 7
D. STAGES OF EXECUTION 8
E. CONSPIRACY AND PROPOSAL 11
F. CLASSIFICATION OF FELONIES (ACCORDING TO GRAVITY) 12
G. OFFENSES NOT INCLUDED IN THE CODE'S CLASSIFICATION OF FELONIES 13
H. MULTIPLE OFFENDERS 13
I. CONTINUOUS (CONTINUED OR CONTINUING) CRIME 16
J. COMPLEX CRIMES V. SPECIAL COMPLEX CRIMES 16
III. CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY 20
A. DEFINITIONS 20
B. ART. 11: JUSTIFYING CIRCUMSTANCES 20
2. SELF-DEFENSE (PAR. 1) 21
B. ART. 12. EXEMPTING CIRCUMSTANCES (IFaINDIA) 25
C. ART. 13 MITIGATING CIRCUMSTANCES 29
D. AGGRAVATING CIRCUMSTANCES 35
E. ALTERNATIVE CIRCUMSTANCES 49
F. ABSOLUTORY CAUSE 51
IV. PERSONS CRIMINALLY LIABLE/DEGREE OF PARTICIPATION 52
A. PERSONS CRIMINALLY LIABLE FOR GRAVE AND LESS GRAVE FELONIES. 52

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BAR OPERATIONS 2019 CRIMINAL LAW
B. PERSONS CRIMINALLY LIABLE FOR LIGHT FELONIES 52

C. PARTIES IN ALL CRIMES 52
E. ACCOMPLICE 55
F. ACCESSORY 56
V. PENALTIES 59
A, GENERAL PRINCIPLES
59
1. DIFFERENT JURIDICAL CONDITIONS OF PENALTY (LEPPC3) 59
2. THEORIES JUSTIFYING PENALTIES 59
3. PENALTIES THAT MAY BE IMPOSED 59
4. ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES (R.A. 9346) 60
B. PURPOSES 60
C. CLASSIFICATION
60
CLASSIFICATION OF PENALTIES BASED ON THEIR NATURE
60
CLASSIFICATION:
61
II. ACCORDING TO THEIR GRAVITY (CA-CL-Co)
61
U. UUKA I iON AND t t i
62
1. DURATION
62
2. EFFECT
62
E. COMPUTATION OF PENALTIES
63
F. APPLICATION
1. INDETERMINATE SENTENCE LAW (ISL) 64
64
G. THREE-FOLD RULE (ART. 70)
64
H. SUBSIDIARY IMPRISONMENT
64
I. EXECUTION AND SERVICE
64
1. PROBATION LAW (P.D. NO. 968)
64
J. DISTINGUISHED FROM PREVENTIVE IMPRISONMENT PERIOD OF PREVENTIVE IMPRISONMEN
T DEDUCTED
FROM TERM OF IMPRISONMENT (ART. 29)
65
VI. CRIMINAL AND CIVIL LIABILITIES

65
A. EXTINCTION OF CRIMINAL LIABILITIES
1. Total Extinction of Criminal Liabilities (Art. 89): 65
65
2. Partial Extinction of Criminal Liability
67
B. CIVIL LIABILITIES IN CRIMINAL CASES
67
REVISED PENAL coDE - BOOK II

70
A. CRIMES AGAINST NATIONAL SECURITY AND THE LAWS OF NATION
70
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B. CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE 84
C. CRIMES AGAINST PUBLIC ORDER 94
D. CRIMES AGAINST PUBLIC INTEREST 119
E. CRIMES AGAINST PUBLIC MORALS 133
F. CRIMES COMMITTED BY PUBLIC OFFICERS 138
G. CRIMES AGAINST PERSONS 159
H. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY 174
I. CRIMES AGAINST PROPERTY 184
J. CRIMES AGAINST CHASTITY 208
R.A. 9262
ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN ACT OF 2004 PARTICULARLY
PSYCHOLOGICAL VIOLENCE PUNISHABLE ACTS, SEC 5(G)
K. CRIMES AGAINST THE CIVIL STATUS OF PERSONS 216
L. CRIMES AGAINST HONOR 220
M. QUASI-OFFENSES (OR CRIMINAL NEGLIGENCE) 226
SPECIAL LAWS 228
I. ANTI-ARSON LAW (PD 1613); (RA 7659) 228

A. PUNISHABLE ACTS 228
B. PRIMA FACIE EVIDENCE OF ARSON (VP-SWIFT)* 228
C. AGGRAVATING CIRCUMSTANCES (GAST): 229
II. ANTI-CHILD PORNOGRAPHY ACT OF 2009 (RA 9775) 230

A. DEFINITION OF TERMS 230
B. PROHIBITED ACTS 230
III. ANTI-FENCING LAW (PD 1612); AND ITS IMPLEMENTING 232

A. ELEMENTS OF FENCING (KRIB) 232
$. PRESUMPTION OF FENCING 232
C. CLEARANCE OR PERMIT TO SELL 232
IV. ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA 3019) 233

A. DEFINITIONS 233
B. PERSONS LIABLE AND PUNISHABLE ACTS 233
C. PRIMA FACIE EVIDENCE OF AND DISMISSAL DUE TO UNEXPLAINED WEALTH 235
D. PRESCRIPTIVE PERIOD: FIFTEEN (15) YEARS 236
E. ACTS NOT COVERED BY THE LAW 236
F. STATEMENTS OF ASSETS AND LIABILITIES (SEC. 8 OF RA 6713). 236
V. ANTI-HAZING ACT OF 2018 (RA 8049, AS AMENDED BY RA 11053) 237

B. PROHIBITION ON HAZING 237
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C. REGULATION OF SCHOOL-BASED INIT IATION RITES 237

D. WHO ARE LIABLE 238
VI. THE ANTI- HIJACKING LAW (RA 6235) 240
A. PUNISHABLE ACTS nAn
G4t.)
B. QUALIFYING CIRCUMSTAN
, CES: 240
VII. ANTI1PHOTO AND VIDEO VOYEURISM ACT OF 2009 (RA 9995) 241
A. Definition of Terms 241
B. Punishable Acts 241
VIII. AN ACT DEFINING AND PENALIZING THE CRIME OF PLUNDER (RA 7080) 242
B. ELEMENTS OF PLUNDER, , 242
C JURISDICTION: Sandiganbayqn 949
D. RULE OF EVIDENCE 242
IX. ANTI-SEXUAL HARASSMENT ACT OF 1995 (RA 7877) 244
A. COVERAGE OF SEXUAL HARASSMENT: 244
B. PERSONS LIABLE 944
C. ACTS PUNISHED 244
D. DUTY OF THE EMPLOYER OR HEAD OF OFFICE IN A WORK- RELATED, EDUCATION ORTRAINING
ENVIRONMENT 244
E. LIABILITY OF THE EMPLOYER, HEAD OF OFFICE, EDUCATIONAL OR TRAINING INSTITUTION 245
F. INDEPENDENT ACTION FOR DAMAGES 245
G. PRESCRIPTION: Three (-3) years 245
X. ANTI-TORTURE ACT OF 2009 (RA 9745) 246
B. ACTS OF TORTURE 246
C. PROHIBITED DETENTION 246
XI. ANTI-TRAFFICKING IN PERSONS ACT OF 2003 (RA 9208, AS AMENDED BY RA 10364) 248
B. PUNISHABLE ACTS 248
C. QUALIFIED TRAFFICKING (PIMP- SCAM-D60) 249
D. LEGAL PROTECTION
249
E. IRRELEVANCE OF PAST SEXUAL BEHAVIOR
249
XII. ANTI-VIOLENCE AGAINST WOMEN AND CHILDREN ACT OF 2004 (RA 9262)
251
A. DEFINITION OF TERMS
251
B. PUNISHABLE ACTS [PARDS]
252
C. BATTERED WOMAN SYNDROME AS A DEFENSE
252
XIII. BOUNCING CHECKS LAW (BP 22) PLUS ADMINISTRATIVE CIRCULAR NO. 12-2000 RE: PENALTY FOR
VIOLATION OF BP 22 AND ADMINISTRATIVE CIRCULAR NO. 13-2001 RE: CLARIFICATION OF Al?MIN. CIR.
NO.
12-2000i AND PD 1613a (INCREASING THE PENALTY FOR CERTAIN FORMS OF SWINDLING OR
ESTAFA) 253
A. PUNISHABLE ACTS
253
B. EVIDENCE OF KNOWLEDGE OF INSUFFICIENT FUNQS
253
C. DEFENSES AGAINST BP 22
253
D. DISTINGUISH ESTAFA UNDER THE RPC AND B.P. 22*
263
XIV. COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 (RA9165) AMENDED BY RA 10640
255
A. DEFINITON OF TERMS
255
B. PUNISHABLE ACTS
255
C. CHAIN OF CUSTODY
256
D. ELEMENTS OF SALE OF ILLEGAL DRUGS
257
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E. ELEMENTS OF ILLEGAL POSSESSION OF DRUGS 257

F. OTHER PERSONS LIABLE 257
G. CONDITIONS FOR EXEMPTION FROM CRIMINAL LIABILITY UNDER THE VOLUNTARY SUBMISSION
PROGRAM (C-PEN) 258
XV. ILLEGAL POSSESSION OF FIREARMS AND EXPLOSIVES (PD 1866, AS AMENDED BY RA NO. 8294 AND RA
NO. 10591; RA 9516) 259
A. PUNISHABLE ACTS (ARTICLE V OF RA NO. 10591, ARTICLE V) 259
B. USE OF LOOSEFIREARMS IN THE COMISSION OF A CRIME 259
C. LATEST RULES ON ILLEGAL POSSESSION OF FIREARMS 259
D. RULES ON DEALING WITH EXPLOSIVES 260
XVI. CYBERCRIME PREVENTION ACT OF 2012 (RA 10175) 261

XVII. HUMAN SECURITY ACT OF 2007 (RA 9372) 263

B. OTHER PUNISHABLE ACTS 263
B. PERIOD OF DETENTION - WITHOUT JUDICIAL WARRANT OF ARREST 263
C. PERIOD OF DETENTION - IN THE EVENT OF AN ACTUAL OR IMMINENT TERRORIST ATTACK 263
D. SURVEILLANCE OF SUSPECTS AND INTERCEPTION AND RECORDING OF COMMUNICATIONS 264
E. EXAMINATION OF BANK DEPOSITS, ACCOUNTS AND RECORDS 264
F. TERRITORIAL APPLICATION OF THE LAW 264
XVII. ANTI-CARNAPPING ACT OF 2016 (RA 10883) 265

A. ELEMENTS OF CARNAPPING 265
B. AGGRAVATING CIRCUMSTANCE WHICH DENIES BAIL 265
C. PERSONS LIABLE 265
D. PUNISHABLE ACTS [C2D-ITS] 265
XVIII. PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS (PD

1829) 266
XIX. SPECIAL PROTECTION OF CHILDREN AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION ACT
(RA 7610) 267
XX. INDETERMINATE SENTENCE LAW (ISL) (ACT NO. 4103) 269

A. APPLICATION ON THE IMPOSED SENTENCE 269
B. COVERAGE 269
C. REASONS FOR FIXING THE MAXIMUM AND MINIMUM TERMS IN THE INDETERMINATE SENTENCE 270
XXI. PROBATION LAW (PD 968; PD 1257; R.A. 10707) 271

B. WHEN PROBATION IS APPLIED FOR 271
C. GRANT OF PROBATION, MANNER AND CONDITIONS 271
0. PROBATION IS TO BE DENIED UPON FINDING OF THE COURT THAT: (DUCT) 271
E. DISQUALIFIED OFFENDERS 271
F. PERIOD OF PROBATION 272
G. ARREST OF PROBATIONER; SUBSEQUENT DISPOSITION 272
H. WHO ARE DISQUALIFIED FOR PROBATION UNDER SPECIAL LAWS 272
I. TERMINATION OF PROBATION 272
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I. FUNDAMENTAL PRINCPLES
A. FUNDAMENTAL PRINCIPLES & DEFINITION OF
Fundamental Principles TERMS
1. Fundamental Principles & Definition of Terms
a. Criminal Law CRIMINAL LAW is that branch of municipal law which
b. Other Terms defines crimes, treats of their nature and provides for
c. Sources of Philippine Criminal Law their punishment.
d. Theories in Criminal Law
e. Legal Maxims OTHER TERMS
2. Scope of Application and Characteristics of 1. CRIME - the commission or omission by a person
Philippine Criminal Law having capacity, of any act, which is either prohibited
a. Generality or compelled by law and the commission or omission
b. Territoriality of which is punishable by a proceeding brought in the
c. Prospectivity name of the government whose law has been violated.
3. Effects of Repeal/Amendment of Penal Laws 2. FELONY - a crime punished under the RPC
a. Constitutional Limitations on the Power of 3. OFFENSE - a crime punished under a special law
Congress to Enact Penal Laws in the Bill of
SOURCES OF PHILIPPINE CRIMINAL LAW
Rights
1. Revised Penal Code;
2. Special Penal Laws; and
3. Penal Presidential Decrees issued during Martial
Law.
THEORIES IN CRIMINAL LAW

1. Classical or Juristic Theory - The basis of criminal
liability is human free will. The purpose of the penalty
is retribution in view of the voluntariness of the act or
omission of the offender. The emphasis is on the
offense and not on the offender.
2. Positivist of Realist Theory - Man is inherently good

but the offender is socially sick. The basis is the sum
of social and economic phenomena which condition
man to do wrong in spite of or contrary to his volition.
The purpose of the penalty is reformation, and the
emphasis is on the offender but not the offense.
LEGAL MAXIMS
1. Nullum crimen nulle poena sine lege - There is no
crime when there is no law that defines and punishes
it.
2. Actus no facit reum, nisi mens sit rea - The act
cannot be criminal unless the mind is criminal.
3. Actus me invite factus non est meus actus - An
act done by me against my will is not my act.
4. Doctrine of Pro Reo- Whenever a penal law is to
be construed or applied and the law admits of two
interpretations — one lenient to the offender and one
strict to the offender— that interpretation which is
lenient or favorable to the offender will be adopted.
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BAR OPERATIONS ()19 CRIMINAL LAW
DIFFERENCE BETWEEN MALA IN SE AND MALA CONSTRUCTION OF PENAL LAWS

PROHIBITA 1. Liberally construed in favor of offender;
2. In cases_of conflict with official translation, original
MALA IN SE MALA PROHIBITA Spanish text is controlling; and
3. No interpretation by analogy.
Wrongful from their Wrongful merely B. SCOPE OF APPLICATION AND
nature; because prohibited by
CHARACTERISTICS OF PHILIPPINE CRIMINAL LAW
state;
1. GENERALITY
So serious in their The law is binding upon all persons who reside or sojourn
Violations of mere
effects on society; rules of _convenience; in the Phppines, irrespective of age, sex, color, creed,
or personal circumstances.
Intent governs; - Criminal intent is not EXCEPTIONS: (S-PA-IL)

necessary where the 4. Treaty Stipulations (Ex. RP-US Visiting Forces
qcts are prohibited for Accord);
reasons of public policy; 5. Laws on Ereferential Application - There are some
special laws that carve exceptions. These must be
applied in particular instances;
Good faith is a valid Good faith is not a Example: R.A. 75:

defense, unless the defense;
crime is the result of Under R.A. 75, persons who are exempt from arrest and
culpa; imprisonment and whose properties a're exempt from
distraint, seizure and attachment are the following:
The degree of ' The act gives rise to a
accomplishment of the crime only when
(AMS)
crime is taken consummated;
into account in a. Ambassadors;
punishing the b. Public Ministers; and
offender; c. Domestic Servants of ambassadors and public
Mitigating and. Mitigating and ministers;
aggravating aggravating
circumstances are circumstances are Unless the person is a citizen or inhabitant of the
taken into account; generally not taken into Philippines and the writ or process issued against him
account; is founded upon a debt contracted before he entered
Penalty is determined Penalty on the upon such service or the domestic servant is not
on the basis of the offenders are the registered with the Department of Foreign Affairs;
degree of participation same;
of the offender; 6. Principles of Public International Law;
Sovereigns or head of states, ambassadors, ministers

There are 3 stages of There are no stages
execution: attempted, plenipotentiary and ministers-resident, charges d'affairs
of execution; and
frustrated, and attaches;
consummated; and
Consuls, vice-consuls and other commercial
representatives of a foreign nation cannot claim the
Penalties May be There is no division privileges and immunities accorded to ambassadors and
divided into degrees and of penalties.
peridds. ministers.
2. TERRITORIALITY
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The law is applicable to all crimes committed within the NOTE: Those who introduced the counterfeit items are
limits of the Philippine territory, which includes its criminally liable even if they were not the ones who
atmosphere, interior waters and maritime zone. counterfeited the said items. And those who counterfeited
the said items are criminally liable even if they did not
EXCEPTION: Article 2, RPC. (SCION) introduce the counterfeit items into the Philippines;
1. Should commit an offense while on a Philippine ahip
or airship;
8. While being public Officers or employees, should
TWO (2) REQUISITES: commit an offense in the exercise of their functions;
a. The Philippine ship or airship must be duly
registered under the Philippine laws; and Offense committed by a public officer abroad
must refer to the discharge of one's functions;
b. The ship or airship must not be within the
A crime committed within the grounds of a
territorial jurisdiction of another country,
Philippine embassy on foreign soil shall be
otherwise the laws of that country will apply as a subject to Philippine penal laws, although it may
rule; or may not have been committed by a public
officer in relation to one's official duties.
FOREIGN MERCHANT VESSELS Embassy grounds are considered as extensions
Note: The Philippines observes the English Rule. of the sovereignty of the country occupying
them;
FRENCH RULE ENGLISH RULE
GENERAL RULE Example of crimes included:
(a) Direct/indirect/qualitied bribery;
Crimes committed Crimes committed
(b) Corruption;
aboard a foreign aboard a foreign
(c) Frauds against the public treasury;
vessel within the vessel within the
(d) Possession of prohibited interest;
territorial waters of a territorial waters of a
(e) Malversation of public funds or property; and
Country are NOT Country are triable in
triable in the courts the courts of such 9. Should commit any of the crimes against National
of such country. country. security and the law of nations: treason, conspiracy
EXCEPTION and proposal to commit treason, misprision of
Crime affects the When the crime treason, espionage, inciting to war or giving motives
peaCe and security merely affects things for reprisals, violation of neutrality, correspondence
of the territory, or within the vessel. or . with hostile country, flight to enemy's country, piracy in
endangers the safety refers to the internal general and mutiny in the high seas, qualified piracy.
of the state. management thereof.
Rationale: To safeguard the existence of the state.
FOREIGN WARSHIPS - The nationality of such warship
determines the applicable penal laws to crimes committed However, when rebellion, coup d'etat and sedition are
therein; considered to be an extension of the territory of the committed abroad, the Philippine courts will not have
country to which they belong; jurisdiction because these are crimes against public
order.
2. Should forge or aounterfeit any coin or currency note
of the Philippine Islands or obligations and securities EXCEPTION TO THE EXCEPTION: Penal laws are not
issued by the Government of the Philippine Islands; applicable within or without Philippine territory if so
provided in treaties and laws of preferential application.
7. Should be liable for acts connected with the
Introduction into these islands of the obligations and 3. PROSPECTIVITY
securities mentioned in the presiding number; The rule of non-retroactivity applies.
Rationale for the exceptions (2) and (3): EXCEPTION:

To maintain and preserve the financial credit stability of the If favorable to the offender, the law will have a retroactive
state; effect.
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EXCEPTIONS TO THE EXCEPTION: e. Assumes to Regulate civil rights and remedies

a. The offender is a habitual delinquent; and only, in effect imposes penalty or deprivation of a
b. The law otherwise provides. right for something which when done was lawful;
and
C1- 1- t1.• I b, OF IltrtqL/AllatNUIVItN I FtNAL f. 2eprives a person accused of a crime some
LAWS lawful protection to which he has become entitled
1. If the repeal makes the penally lighter in the new law, (e.g. protection of a former conviction or
the nem law shall be applied; acquittal, proclamation of amnesty); and
2 If the new law imposes a heavier-penalty, the law in
force at the time of the commission of the offense 12. WAIVER OF THE RIGHTS OF THE ACCUSED.
shall be applied;
3. If the new law totally repeals the existing law so that END OF TOPIC
the act which was penalized under the old law is no
longer punishable or fails to penalize the offense
under the old law, the crime is obliterated and the
accused cannot be,convicted under the new law;
(a) If repeal is by reenactment, even without saving
clause, or a repeal by implication, it would not
destroy criminal liability; and
10.A person erroneously accused and convicted under a
repealed statute may be punished under the
repealing statute, provided accused-had an
opportunity to defend himself against the charge.
CONSTITUTIONAL LIMiTATIONS ON THE POWER OF

CONGRESS TO ENACT PENALLAWS1N THE BILL OF
RIGHTS
1. EQUAL PROTECTION;
2. DUE PROCESS;
3. NON-IMPOSITION OF CRUEL AND UNUSUAL
PUNISHMENT OR EXCESSIVE FINES;
4. BILL OF ATTAINDER;
A bill of attainder is a legislative act which inflicts
punishment without trial. Its essenc,e is the substitution of
a legislative act for a judicial determination of guilt.
(People v. Ferrer, G.R. No. L-32613-14, 1972).
11. Ex posT FACTO LAW;

An ex post facto law is one which: (MACARD)
a. Makes criminal an act done before the passage
of the law and which was innocent when done,
and punishes such an act;
b. Aggravates a crime, or makes it greater than it
was, when committed;
0. changes the punishment and inflicts a greater
punishment Than the law annexed to the crime
when committed;
d. Alters the legal rules of evidence, and authorized
conviction upon less pr different testimony than
the law required at the time of the commission of
the offense;
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II. FELONIES FELONIES are acts and omissions punishable by the

Revised Penal Code.
Felonies
1. Classification of Felonies Three (3) Elements of Felonies: (AO-P-DC)
a. Intentional 1. There must be an act; or
b. Culpable Felonies ACT means any bodily movement tending to produce
c. Those Punished by Special Laws some effect in the external world;
2. Elements of Criminal Liability
3. Impossible Crimes The possibility of its production is sufficient. It must be
4. Stages of Execution at least an overt act of that felony, that is, an external
5. Conspiracy and Proposal act which has direct connection with the felony
6. Classification of Felonies (According to Gravity) intended to be committed;
a. Light
b. Less Grave 2. Qmission;
c. Grave OMISSION means inaction, the failure to perform a
7. Offenses Not Included in the Code's Classification of positive duty which one is bound to do. There must be
Penalties a law requiring the doing or performance of an act;
8. Multiple Offenders
9. Continuous (Continued or Continuing) Crime 3. The act or omission must be Punishable by the
10. Complex Crimes v. Special Complex Crimes RPC; and
4. The act is performed or the omission incurred by
means of Dolo or Culpa.
A criminal act is presumed voluntary. In the absence of

indubitable explanation, the act must be declared
voluntary and punishable.
Voluntariness (to incur criminal liability) requires:

a. Intelligance;
b. Freedom of action; and
C. Intent to act;
Compare Dolo (deceit) v. Culpa (fault)
DOLO CULPA
Involves malice Results from

or deliberate negligence,
intent; and imprudence, lack
of foresight or lack
of skill; and
Intentional. Intent is replaced

by fault.
A. CLASSIFICATION OF FELONIES
1. INTENTIONAL FELONIES
In intentional felonies, the act or omission of the offender
is malicious. The act is performed with deliberate intent.
The offender, in performing the act or in incurring the
omission, has the intention to cause an injury to another.
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THREE (3) REQUISITES: (F-I-I) THREE (3) REQUISITES OF MISTAKE OF FACT: (LIW)
1. Freedom; 1. The act done would have been Lawful had the facts
A person who acts under the compulsion of an been as the accused believed them to be;
irresistible force, and an uncontrollable fear of an equal 2.. The Intention of the accused in performing the act
or greater injury is exempt from criminal liability; should be lawful; and
3. The mistake must be Without fault or carelessness on
2. Intelligence; the part of-the accused.
It is the moral capacity to determine what is right from
what is wrong and to realize the consequences of 2. CULPABLE FELONIES
one's acts; In culpable felonies, the act or omission of the offender is
not malicious. The injury caused by the offender to another
Factors that negate intelligence: minority, insanity, person is "unintentional, it being simply the incident of
imbecility; another act performed without malice."
3. Intent THREE (3) REQUISITES: (F-I-I)

Intent is a mental state, the existence of which is shown 1. Ereedom;
by the overt acts of a person; and 2. Intelligence; and
3. Imprudence, negligence, or lack of foresight or lack of
If there is no intent there is no felony committed by dolo, skill.
but a felony may still exist if cu/pa is present.
Imprudence indicates a deficiency of action. It usually
Intent v. Motive involves lack of skill.
INTENT MOTIVE Example: person fails to take the necessary precaution

to avoid injury to person or damage to property.
The purpose to use The reason which
a particular means impels one to
to effect such a commit an act for Negligence indicates a deficiency of perception. It usually
result; and a definite result; involves lack of foresight. Example: a person fails to pay
and proper attention and to use diligence in foreseeing the injury
An element of Not an element of or damage impending to be caused.
a crime, a crime.
3. THOSE PUNISHED BY SPECIAL LAWS
The third class of crimes, are those defined and penalized
MOTIVE, when relevant: by special laws, which include crimes punished by
1. The identity of a person accused of having committed municipal or city ordinances. When the crime is punished
a crime is in dispute; by a special law, intent to commit the crime is not
2. In ascertaining the truth between antagonistic necessary. It is sufficient that the offender has the intent to
theories or versions of the killing; perpetrate the act prohibited by the special law.
3. The identification of the accused proceeds from
unreliable source and testimony is inconclusive and B. ELEMENTS OF CRIMINAL LIABILITY
not free from doubt;
4. There are no eyewitnesses to the crime,.and where 1. AN INTENTIONAL FELONY HAS BEEN COMMITTED;
suspicion is likely to fall upon a number of persons;
and Criminal Liability exists where:
5. The evidence is merely circumstantial. If a man creates in another person's mind an immediate
sense of danger, which causes such person to try to
MISTAKE OF FACT escape, and in so doing, the latter injures himself, the man
Ignorance or mistake of fact relieves the accused from who creates such a state of mind is responsible for the
criminal liability. Mistake of fact is a misapprehension of resulting injuries; (People v. Page, G.R. No. L-37505,
fact on the part of the person who caused injury to another. 1977).
He is not criminally liable, because he did not act with
criminal intent.
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No felony is committed: 1. There is an active force that intervened between the

a. When the act or omission is not punishable by the felony committed and the resulting injury; or
RPC; or 2. The resulting injury is due to the intentional act of the
b. When the act is covered by any of the justifying victim.
circumstances enumerated in Art. 11;
When death is presumed to be the natural
2. THE WRONG DONE TO THE AGGRIEVED PARTY BE consequence of physical injuries inflicted:
THE DIRECT, NATURAL AND LOGICAL 1. The victim at the time of the physical injuries were
CONSEQUENCE OF THE FELONY COMMITTED BY inflicted was in normal health;
THE OFFENDER. 2. Death may be expected from the physical injuries
inflicted; and
Art. 4. Criminal liability. — Criminal liability shall 3. Death ensued within a reasonable time.
be incurred:
EFFECTIVE INTERVENING CAUSE
1) By any person committing a felony (delito) An effective intervening cause interrupts the natural flow
although the wrongful act done be different of events leading to one's death. It may relieve the offender
from that which he intended; from liability.
One who commits an intentional felony is responsible Situations where a person committing a felony is still
for all the consequences, which may naturally and criminally liable:
logically result therefrom, whether foreseen or 1. Error in personae: mistake in the identity of the
intended or not; and victim;
2. Aberratio ictus: mistake in the blow; and
The rationale of the rule is the maxim, "el que causa de 3. Praeter intentionem: the injurious result is greater
Ia causa es causa del ma! causado" (he who is the than that intended.
pause of the cause is the cause of the evil caused).
C. IMPOSSIBLE CRIMES
How criminal liability is incurred:
1. By committing an intentional felony even if the wrong Art. 4. Criminal liability. — Criminal liability shall be
produced as a consequence thereof is not intended incurred:
by the offender; and 1) By any person performing an act which would
2. By committing an impossible crime. be an offense against persons or property, were
it not for the inherent impossibility of its
PROXIMATE CAUSE accomplishment or an account of the
It is that cause, which, in natural and continuous employment of inadequate or ineffectual means.
sequence, unbroken by any efficient intervening cause,
produces the injury, and without which the result would not NOTE: The commission of an impossible crime is
have occurred. (Bataclan v. Medina, G.R. No. L-10126, indicative of criminal propensity or criminal tendency on
1957). the part of the actor. Such a person is a potential criminal.
It is that acting first and producing the injury, either FOUR (4) REQUISITES OF IMPOSSIBLE CRIMES:
immediately, or by setting other events in motion, all (PPEIA)
constituting a natural and continuous chain of events, each 1. The act performed would be an offense against
having a close causal connection with its immediate Persons or Property;
predecessor.
If the act performed would be an offense other than a
Accused who used a deadly weapon putting the other's felony against persons or against property, there is no
life in jeopardy and death follows is liable for said death. impossible crime;
(People v. Likiran, G.R. No. 201858, 2014)
Felonies against persons:
The felony committed is not the proximate cause of a. Parricide;
the resulting injury when: b. Murder;
c. Homicide;
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d. Infanticide; tendencies. Objectively, the offender has not committed a

e. Abortion; felony, but subjectively, he is a criminal.
f. Duel;
g. Physical injuries; and NO ATTEMPTED OR FRUSTRATED IMPOSSIBLE
h. Rape; cRinttg
There is. no attempted or frustrated impossible crime. The
Felonies against property: offender intending to commit an offense has already
a. Robbery; performed all the acts of execution but does not produce
b. Brigandage; the crimp by reason of the fact that its nature is one of
C. Theft; impossible accomplishment or that the means employed
d. Usurpation; are essentially inadequate or ineffectual. Since all the acts
e. Culpable insolvency; of execution have already been performed, there could be
f. Swindling and other deceits; no attempted impossible crime. The acts performed by
Chattel mortgage; the offender are considered as constituting a
h. Arson and other crimes involving destruction; and consummated offense.
Malicious mischief.
DUTY OF THE COURT IN CASES WHERE ACTS NOT
2. The act was done with Evil intent;
COVERED BY THE LAW MUST BE PUNISHED
3. Its accomplishment is inherently Impossible or that
Art. 5. Duty of the court in connection with acts
the means employed is either inadequate or
which should be repressed but which are not
ineffectual;
covered by the law, and in cases of excessive
penalties. — Whenever a court has knowledge of
In impossible crime, the act performed by the offender
any act wilich it may deem proper to repress and
cannot produce an offense against persons or property,
which is not punishable by law, it shall render the
because: (1) the commission of the offense is inherently
proper decision and shall report to the Chief
impossible of accomplishment, or (2) the means is either
Executive, through the Department of Justice, the
(a) inadequate or (b) ineffectual; and
reasons which induce the court to believe that
said act should be made the subject of penal
4. The act performed _should not constitute a
legislation.
violation of Another provision of the Revised
Penal Code.
In the same way the court shall submit to the Chief
Executive, through the Department of Justice,
INADEQUATE AND INEFFECTUAL MEANS
such statement as may be deemed proper, without
Inherent impossibility of its accompJishment
suspending the execution of the sentence, when a
There must either be: (i) legal impossibility, or (ii) physical
strict enforcement of the provisions of this Code
impossibility.
would result in the imposition of a clearly
excessive penalty, taking into consideration the
Legal Impossibility - The intended acts, even if
degree of malice and the injury caused by the
completed, would not amount to a crime.
offense.
Physical Impossibility - Extraneous circumstances
unknown to the actor or beyond his control prevent the D. STAGES OF EXECUTION
consummation of the intended crime.
Art. 6. Consummated, frustrated, and attempted
Employment of inadequate means felonies. — Consummated felonies as well as
Means is those which are frustrated and attempted, are
insufficient.
punishable.
Employment of ineffectual means -Means employed did
not produce the result expected. A felony is consummated when all the elements
necessary for its execution and accomplishment
Purpose: The purpose of the law in punishing impossible are present; and it is frustrated when the offender
crime is to suppress criminal propensity or criminal performs all the acts of execution which would
produce the felony as a consequence but which,
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nevertheless, do not produce it by reason of ELEMENTS:

causes independent of the will of the perpetrator. 1. The offender commences the commission of the
felony directly by overt acts;
There is an attempt when the offender 2. He does not perform all the acts of execution which
commences the commission of a felony directly should produce the felony;
or over acts, and does not perform all the acts of
execution which should produce the felony by If the offender has performed all the acts of execution
reason of some cause or accident other than this — nothing more is left to be done — the stage of
own spontaneous desistance. execution is that of a frustrated felony, if the felony is
not produced; or consummated, if the felony is
DEVELOPMENT OF A CRIME produced;
1. INTERNAL ACTS, such as mere ideas in the mind
of a person, are not punishable even if, had they 3. The offender's act is not stopped by his own
been carried out, they would constitute a crime. spontaneous desistance;
2. EXTERNAL ACTS cover (a) preparatory acts; and
(b) acts of execution. Rationale for non- liability in cases where there is
a. Preparatory acts - ordinarily they are not spontaneous desistance: It is sort of a reward
punishable, but preparatory acts which are granted by law to those who, having one foot on the
considered in themselves, by law, as verge of crime, heed the call of their conscience and
independent crimes are punishable. return to the path of righteousness. The law does not
Ex: buying or preparing poison or weapon with punish him; and
which to kill the intended victim; carrying
inflammable materials to the place where a 4. The non-performance of all acts of execution was
house is to be burned. due to cause or accident other than his spontaneous
Acts of execution - punishable under the desistance.
Revised Penal Code.
I. Subjective phase - portion of the acts OVERT ACTS
constituting the crime, starting from the It is some physical activity or deed, indicating the intention
point where the offender begins the
to commit a particular crime, more than a mere planning
commission of the crime to that point
where he still has control over his acts, or preparation, which if carried to its complete termination
including their natural course. following its natural course, without being frustrated by
ii. Objective phase - the result of the acts of external obstacles nor by the voluntary desistance of the
execution, that is, the accomplishment of perpetrator, will logically and necessarily ripen into a
the crime. concrete offense.
• If the subjective and objective phases
are present, there is a consummated FRUSTRATED FELONY
felony. A felony is frustrated when the offender performs all the
• The spontaneous desistance of the acts of exec.ution which would produce the felony as a
accused is exculpatory only (a) if consequence it which, nevertheless, do nbt .produce it
made during the attempted stage, and by reason of causes independent of the will of the
(b) provided that the acts already perpetrator.
committed do not constitute any
offense. ELEMENTS:
1. The offender performs all the acts of execution;
ATTEMPTED FELONY
Nothing more is left to be done by the offender,
There is an attempt when the offender commences the because he has performed the last act necessary to
commission of a felony directly by overt acts, and does produce the crime;
not perform all the acts of execution which should produce 2. All the acts performed would produce the felony as a
the felony by reason of some cause or accident other than consequence;
his own spontaneous desistance. 3. But the felony is not produced; and
4. By reason of causes independent of the will of the
perpetrator.
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There are crimes which do not admit of a frustrated stage. DEFINITIO

By the definition of a frustrated felony, the offender cannot N
possibly perform all the acts of execution to bring the
desired result without consummating the offense.
CRIMES WHICH po NOT HAVE A FRUSTRATED Desistance Actual

STAGE: referred ti-Yin law desistance of
1. Rape, because the gravamen of the offense is carnal whiCh would the actor; the
knowledge, so no matter how slight the penetration, obviate criminal actor is still
the felony is consummated; liability kinless the liable for the
2. Indirect bribery, because the offense is committed by overFor attempt.
accepting gifts offered to the public officer by reason prep-41-atory act
of his office; already Committed
3 Corruption of public-officers, since the crime requires in themselves
the concurrence of the will of both parties; constitute a felony
4. Adultery, because the essence of the crime is sexual other than what the
congress; actor intended.
5. Physical injury since its determination whether slight,
less serious, or serious can only be made once it is TIME OR PERIOD EMPLOYED
consummated; and
De'sistence made Desistance
6. Theft, since unlawful taking immediately
cliiring the made after
consummates the offense and the disposition of the
the
thing is not an ele,rnent. attempted stage. attempted
stage of the
CONSUMMATED FELONY
A felony is consummated when all the elements crime.
necessary for its execution and accomplishment are
present. 'FACTORS DETERMINING THE STAGE OF
EXECUTION
INDETERMINATE OFFENSE 1. Nature of the offense;
One where the purpose of the offender in performing an 2. Elements constituting the felony; and
act is not certain. Its nature in relation to its objective is 3. Manner of committing the same.
ambiguous.
MANNER OF COMMITTING THE CRIME
The intention of the accused must be ascertained from the 1. Formal crimes: consummated in one instant, no
facts and, therefore, it is necessary that the mind be able attempt
to directly infer from them the intention of the perpetrator
to cause a particular injury. As a rule, there can be no attempt at a formal crime
because between the thought and the deed there is
DESISTANCE no chain of acts that can be severed in any link. An
It is an absolutory cause, which negates criminal liability example would be the sale of marijuana and other
because the law encourages a person to desist from prohibited drugs punished under R.A.9165.
committing a crime.
2. Crimes consummated by mere attempt or
Desistance should be made before all the acts of proposal or by overt act
execution are performed.
E.g. flight to enemy's country (Art. 121), Corruption of
Legal Desistance v. Factual Desistance minors (Art. 340)
LEGAL FACTUAL 3. Felony by omission
DESISTANCE
PESISTANC There can be no attempted stage when the felony is
by omission, because in this kind of felony the
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offender does not execute acts. He omits to perform There is proposal when the person who has
an act which the law requires him to do. decided to commit a felony proposes its
execution to some other person or persons.
4. Crimes requiring the intervention of two persons
to commit them are consummated by mere Conspiracy and proposal to commit a crime are only
agreement preparatory acts, and the law regards them as innocent
or at least permissible except in rare and exceptional
In the crime of corruption of public officer, the same cases.
are consummated by mere agreement. The offer
made by one of the parties to the other constitutes CONSPIRACY
attempted felony, if the offer is rejected. Exists when two or more persons come to an agreement
concerning the commission of a felony and decide to
5. Material crimes: there are three stages of execution. commit it.
FRUSTRATED V. ATTEMPTED V. IMPOSSIBLE Direct proof is not essential to establish conspiracy.

CRIME
Conspiracy must be alleged in the information in order
ATTEMPTED IMPOSSIBL that an accused may be held liable for the acts of his co-
FRUSTRATED E CRIME accused.
THREE (3) REQUISITES: (ACD)

Evil intent of the offender is not
accomplished; 1. Two or more persons came to an Agreement;
2. The agreement pertains to the aommission of a
. _
Evil intent of the Evil intent of felony; and
offender is the offender 3. The execution of the felony was 2ecided upon.
possible of cannot be
accomplishment; accomplished; There must be participation with a criminal resolution
and and because simple knowledge thereof by a person may only
make him liable as an accomplice.
What prevented its Inherently
accomplishment is impossible of GENERAL RULE: Conspiracy and proposal to commit
the intervention of accomplishme felony are not punishable.
certain cause or nt or means
accident in which employed by EXCEPTION: They are punishable only in the cases in
the offender had no the offender is
which the law specially provides a penalty therefor.
part. inadequate or
ineffectual.
EXAMPLES OF THE EXCEPTION:
NOTE: There is no attempted or frustrated impossible 1. Treason;
crime. 2. Rebellion;
3. Insurrection;
E. CONSPIRACY AND PROPOSAL 4. Coup d'etat;
5. Sedition;
Art. 8. Conspiracy and proposal to commit felony. 6. Monopolies and combinations in restraint of
— Conspiracy and proposal to commit felony are trade;
punishable only in the cases in which the law 7. Espionage;
specially provides a penalty therefor. 8. Highway robbery;
9. Illegal association;
A conspiracy exists when two or more persons 10. Selected acts committed under the Comprehensive
come to an agreement concerning the Dangerous Drugs Act;
commission of a felony and decide to commit it. 11. Arson; and
12. Terrorism under the Human Security Act.
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COMPARE CONSPIRACYASA FELONY AND PROPOSAL TO COMMIT A FELONY

CONSPIRACY AS A MEANS OF INCURRING When the person who has decided to commit a felony
CRIMINAL LIABILITY proposes its execution to some other person or persons.
FELONY ly1NNER OF
INCURRING CRIMINAL TWO (2) REQUISITES:
LIABILITY 1. A person has decided to commit a felony; and
Conspirators should not If the conspirators commit 2. He proposes its execution to some other person or
actually commit treason, treason, they will be held persons.
rebellion, etc., it being- liable for treason, end the
sufficient that two or more conspiracy which they NOTE: There is no criminal proposal when:
persons agree and ,before committing 1. The person who proposes is not determined to
decide to commit it; and treason •is only a manner commit the felony;
of incurring criminal 2. There, is no decided, concrete and formal proposal;
liability, not.treated as a
and
separate offense;
Felony relates to a crime ConspiracY is not treated 3. It is not the execution of the felony, that is proposed.
actually committed. as a separate offense but
used to determine the F. CLASSIFICATION OF FELONIES (ACCORDING TO
liability of the offenders; GRAVITY)
and
The ad of one-is the act Art. 7. When. light felonies are punishable.— Light
of all of felonies are punishable when they have been
consummated, with the exception of those
GENERAL RULE: When conspiracy as a manner of committed against persons or property.
incurring criminal liability is established, all who
participated therein, irrespective of the quantity or quality LIGHT - FELONIES are those infractions of iaw for the
of his participation is liable equally, whether conspiracy is commission of 'which the penalty of arresto manor or a
pre-planned or instantaneous. fine not exceeding 4.();000 pesos or both, is provided.
EXCEPTION: Unless one or some of the conspirators Light felonies are punishable only when they have been
committed some other crime which is not part of the consummated. They produce such light, such
intended crime. insignificant moral and material injuries that public
conscience is satisfied with providing a light penalty for
EXCEPTION TO THE EXCEPTION: When the act their consummation.
constitutes a "single indivisible offense."
Light felonies are those infr-action of law for the
DOCTRINE OF IMPLIED CONSPIRACY commission of which the penalty of arresto menor or
When the defendants by their acts aimed at the same a fine not exceeding Forty thousand pesos (P40,000),
object, one performing one part and the other performing or both, is provided.
another part so as to complete it, with a view to the
attainment of the same object and their acts, though EXCEPTION: Light felonies committed against persons
apparently independent, were in fact concerted and or property, are punishable even if attempted or
cooperative, indicating closeness of personal association, frustrated.
concerted action and concurrence of sentiments, the
court will be justified in concluding that said defendants Rationale: The commission of felonies against persons or
were engaged in a conspiracy. property,presupposes in the offender moral depravity.
Spontaneous agreement Art. 9. Grave felonies, less grave felonies, and

1. Active cooperation by all offenders; liglt felonies. — Grave felonies are those to which
2. Contributing by positive acts to the realization of a the law attaches the capital punishment or
common criminal intent; and penalties which in any of their periods are
3. Presence during the commissjon of the crime by a afflictive, in accordance with Article 25 of the
band and lending moral support thereto. Code.
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Less grave felonies are those which the law punishes with
penalties which in their maximum period are correctional,
in accordance with the above-mentioned article. FOUR (4) REQUISITES: (TPEC)
1. The offender is on Irial for an offense;
GRAVE FELONIES 2. He was Ereviously convicted by final judgment of
Punishable by reclusion perpetua, reclusion temporal, another crime;
perpetual or temporary absolute disqualification, 3. Both the first and the second offenses are Embraced
perpetual or temporary special disqualification and prision in the same title of the Code; and
mayor. 4. The offender is convicted of the new offense.
LESS GRAVE FELONIES "At the time of his trial for one crime"
Punishable by prision correccional, arresto mayor, What is controlling is the time of trial, not the time of the
suspension and destierm. commission of the crime. It is sufficient that the
succeeding offense be committed after the commission of
G. OFFENSES NOT INCLUDED IN THE CODE'S the preceding offense, provided that at the time of his trial
CLASSIFICATION OF FELONIES for the second offense, the accused had already been
convicted of the first offense.
Art. 10. Offenses not subject to the provisions of
this Code. — Offenses which are or in the future Trial is meant to include everything that is done in the
may be punishable under special laws are not course of the trial, from arraignment until after sentence
subject to the provisions of this Code. This Code is announced by the judge in open court.
shall be supplementary to such laws, unless the
latter should specially provide the contrary. Pardon does not prevent a former conviction from being
considered as an aggravating circumstance, but amnesty
MAIN IDEA: The provisions of the RPC are extinguishes the penalty and its effects.
supplementary to special laws.
HABITUALITY (REITERACION) THREE (3)
EXCEPTIONS: REQUISITES: (TSC)
1. Where the special law provides otherwise; and 1. The accused is on Irial for an offense;
2. When the provisions of the RPC are impossible to 2. He previously Eerved sentence for another offense to
apply, either by express provision or by necessary which the law attaches an equal or greater penalty,
implication. or for 2 or more crimes to which it attaches lighter
penalty than that for the new offense; and
When the special law adopts the penalties imposed in the 3. He is Convicted of the new offense.
RPC, the provisions of the RPC on imposition ofpenalties
based on stages of execution, degree of participation and MULTI-RECIDIVISM or HABITUAL DELINQUENCY
attendance of mitigating and aggravating circumstance A person, within the period of 10 years from the date of
may be applied by necessary implication. his last release or last conviction of the crime of serious
or less serious physical injuries, robbery, theft, estafa or
H. MULTIPLE OFFENDERS falsification, is found guilty of any of said crimes a third
time or oftener. In habitual delinquency, the offender is
Four Forms of Repetition: either a recidivist or one who has been previously
1. Recidivism (Art. 14, par. 9); punished for two or more offenses. He shall suffer an
2. Reiteracion or habituality (Art. 14, par. 10); additional penalty for being a habitual delinquent.
3. Multi-recidivism or habitual delinquency (Art. 62, par.
5); and THREE (3) REQUISITES: (CAC)
4. Quasi-recidivism (Art. 160). 1. The offender had been Convicted of any of the
crimes of serious or less serious physical injuries,
RECIDIVISM robbery, theft, estafa or falsification;
A recidivist is one who, at the time of his trial for one crime, 2. After that conviction or after serving his sentence,
shall have been previously convicted by final judgment of and within 10 years from his first conviction or
another crime embraced in the same title of the RPC. release, he was again convicted of any of said
(People v. Lagarto, G.R. No. 65833, 1991) crimes for the second time;
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3. After his conviction of, or after service sentence for,

the second offense, and within 10 years-from his last
conviction or last release for said second offense, he
was again convicted of any said crimes, the third
time or oftener.
QUASI-RECIDIVISM
Any person who shall commit a felony after having been
convicted by final judgment, before beginning to serve
such sentence or while serving the same, shall be
punished by the maximum period of the penalty
prescribed by law for the new felony.
COMPARATIVE TABLES
HABITUAL DELINQUENCY V. RECIDIVISM
HABITUAL DELINQUENCY RECIDIVISIM
AS TO-CRIMES COMMITTED
The crimes are The crimes must be

specified, embraced in the
same title of the
Code.
AS TO THE PERIOD OF TIME THE CRIMES
ARE COMMITTED
The offender found No pellod of time
guilty of any of the between the former
crimes specified conviction and the
within 10 years from last conviction is fixed
his last release or last by law.
conviction.
AS TO THE-NUMBER OF CRIMES
COMMITTED
The accused must A Secohd conviction is
be found guilty the sufficient.
third time or oftener.
AS TO THEIR EFFECTS
If thcrc is habitual If not offsct by a
delinquency, an mitigating
additional penalty circumstance, serves
is also imposed. to increase the penalty
only to the maximum.
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RECIDIVISM HABITUALITY/ REITERACION

A final judgment has been rendered in the It is necessary that the offender shall have
first offense. served out his sentence for the first offense.
The offenses' must be included in the same The previous and subsequent offenses must
title of the Code. not be embraced in the same title of the Code.
Always taken as an aggravating Not always an aggravating circumstance.

circumstance.
RECIblVISM HABITUALITW HABITUAL QUASI-

REITERACION DELINQUENCY
RECIDIVISM
AS TO CRIMES COMMITTED
Crimes Involves any crime. The crimes are specified Involves any
involved must (serious or less serious crime (must be
be embraced physical injuries, robbery, pointed out that
in the same theft, estafa, or falsification). the second
title of the offense must be
Code. a felony, while
the first offense
need not be).
AS TO THE PERIOD OF TIME THE CRIMES ARE COMMITTED

Offender is on Offender previously After conviction and serving Offender has
trial for an served sentence for out his sentence, offender is been convicted
offense and is another offense to convicted again of any of the of an offense
subsequently which the law second crimes and that after and commits
convicted of attaches an equal or conviction and serving out another felony
the new crime, greater penalty, or for his sentence for the second before or during
two or more crimes to crime, offender again serving
which it attaches committed and was sentence.
lighter penalty than convicted within 10 years
that for the new from his last sentence or
offense. conviction of any of the
crimes specified the third
time or oftener.
AS TO THEIR EFFECTS
A generic A generic aggravating An extraordinary A special
aggravating circumstance. aggravating circumstance aggravating
circumstance. (imposes an additional circumstance.
penalty).
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I. CONTINUOUS (CONTINUED OR CONTINUING). The penalty for complex crime is the penalty for the most
CRIME serious crime, the same to be applied in its maximum
period. If different crimes resulting from one single act are
It is a single crime, consisting of a series of acts but all punished with the same penalty, the penalty for any one
arising from one criminal resolution. Although there is a of them shall be imposed, the same to be applied in the
series of acts, there is only one crime committed. maximum period. When two felonies constituting a
complex crime are punishable by imprisonment and fine,
REQUISITES: (M-UP4,10) respectively, only the penalty of imprisonment should be
1. Multiplicity of acts; imposed.
2. unity of criminal Eur7pose or intent; and
3. unity of criminal Qffense violated. KINDS OF COMPLEX CRIMES:
1. COMPOUND-CRIME: When a single act constitutes
A continued crime is not a complex crime, because the 2 or more grave or less grave felonies.
Offender in continued or continuous crime does not
perform a single act, but a series of acts, and one offense REQUISITES:
is not a necessary means for committing the other. a. Only a single act is performed by the offender; and
b. The single apt produces:
J. COMPLEX CRIMES V. SPECIAL COMPLEX i. Two or more grave felonies; or
CRIMES ii. One or more grave and one or more less
grave felonies; or
PLURALITY OF CRIMES c.onsists in the successive iii. Two or more less grave felonies.
execution, by the same individuql, of different criminal
acts, upon any of yvhich no conviction has yet been Light felonies produced by the same act should be treated
declared. If there is Conviction by final judgment and the and punished -as separate offenses or may be absorbed
crimes fall under the same title of the RPC, it is recidivism. by the grave felony.
1. Real or material plurality - Different crimes in law, 2. COMPLEX-CRIME PROPER: When an offense is a
as well as in the conscience of the offender; the necessary means for committing the other.
offender shall be punished for each and every
offense that he committed. THREE (3) REQUISITES: (TNP)
2. Formal or ideal plurality - Only one criminal liability: • At least Iwo offenses are committed;
(a) When the offender commits any of the complex • One or some of the offenses must bellecessary
crimes in Article 48; to commit the other; Necessary means is not
(b) When the law specifically 'fixes a single penalty equivalent to indispensable means;
for two or more offenses committed (Special • Both or all of the offenses must be
Complex Crimes); and • Eunished under the same statute.
(c) When the offender commits continuous crimes.
When there is no complex crime:
Art. 48. Penalty for complex crimes. — When a single a. In case of continuous crimes;
act constitutes two or more grave or less grave b. When one offense is committed to
felonies, or when an offense is a necessary means for conceal the other;
committing the other, the penalty for the most serious c. When the other crime is an indispensable part or
crime shall be imposed, the same to be applied in its an element of the other offenses;
maximum period. 9. Where one of the offenses is penalized by a special
law; and
This article requires the commission of at least 2 crimes. e. When the provision provides for a two- tiered
But the 2 or more grave or less grave felonies must be the penalty, e.g. Usurpation of property (Art. 312),
result of a single act, or an offense must be a necessary malicious procurement of a search warrant (Art.
means for committing the other. They constitute only one 129), bribery (Art. 210, par. 1).
crime in the eyes of the law because the offender has only
one criminal intent, hence, there is only one penalty SPECIAL COMPLEX CRIMES are those which are
imposed. treated by law as single indivisible offenses although
comprising-more than one specific crime and with specific
PENALTY penalty.
16
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EXAMPLES:
1. Rape with homicide;
Note: Homicide must always be consummated,
otherwise, they are separate offenses. The rape may
either be consummated or attempted;
2. Kidnapping with homicide;

3. Kidnapping with rape;
4. Note: Different from abduction with rape, wherein
there is lewd design;
5. Robbery with homicide; Note: Additional homicide
not aggravating;
6. Robbery with rape;
7. Note: Additional rape not aggravating;
8. Robbery with arson; and
9. Arson with homicide.
Crimes involved cannot be legally complexed:

1. Malicious obtainment or abusive service of search
warrant (Art. 129) with perjury;
2. Bribery (Art. 210) with infidelity in the custody or
prisoners;
3. Maltreatment of prisoners (Art. 235) with serious
physical injuries; and
4. Usurpation of real rights (Art. 312) with serious
physical injuries
ENO OF TOPIC
17
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COMPARATIVE TABLES —
MATERIAL PLURALITY V. CONTINUED CRIME
REAL OR MATERIAL PLURALITY CONTINUED CRIME

There is a series of acts performed by the There is a series of acts performed by the
offender. offender.
Each act performed by the offender The different acts constitute only one crime
constitutes a separate crime, because each because all of the acts performed arise from
act is generated by a criminal impulse. one criminal resolution.
ORDINARY COMPLEX CRIME V. SPECIAL COMPLEX/ COMPOSITE CRIME
ORDINARY COMPLEX CRIME SPECIAL COMPLEX CRIME OR

COMPOSITE CRIME
AS TO THEIR CONCEPT
It is made up of two or moi-e'crimes being It is made up, of two or more crimes, which are
punished in distinct provisions of the_Revised considered only as components of a sin*
Penal Code but alleged in one information indivisible offense being punished in one
either because they were brought about by a provision of the Revised Penal Code.
single act producing two or more grave or
less grave felonies or because one offense is
a necessary means for committing the other
offense or offenses.
AS TO PENALTY
Penalty for the most serious crime shall be It is the penalty specifically provided for the
imposed and in its maximum period, special complex crime that shall be applied
according to the rules on imposition of the
penalty.
Examples Of Complex Crimes Covered Examples of Special Complex Crimes

by Article 48
1. Direct assault with: 1. Quefitied PiracY/ Qualified mutiny;

a. Homicide; 2. Robbery with:
b. Murder; a. Serious Physical Injuries (SPI): victim of SPI
c. Serious Physical Injuries or Less should not be the robber; otherwise, they
Serious PhYsical- Injuries; or are separate crimes;
d. tumults and other disturbances;
2. Estafa thru falsification of a public document Note: under tile 4th act, violence need
3. Malversation thru falsification; not result in SPI; only that theviolence
4. Discharge of firearm with SPI or LSPI; be unnecessary for the commission
5. Grave threats with intentional abortion; of the crime;
6. Homicide with unintentional abortion;
7. Parricide with b. Homicide: intent to take personal
abortion
property must precede the killing._
18
ATENEO CENTRAL
(intentional/unintentional); Otherwise, two separate crimes of

8. Forcible abduction with rape — If there are homicide/murder/parricide and theft are
multiple rapes, only one will be complexed committed. The law does not require that
with forcible abduction, and the rest shall the victim of robbery is also the victim of
be considered separate crimes; and homicide;
9. Simple seduction by means of usurpation c. Rape: intent to gain must also precede
of official functions. rape. This does not cover robbery with
attempted rape;
d. Intentional Mutilation: Castration or
mayhem;
e. Arson: robbery should precede arson.
And no rape, homicide, SPI, or
intentional mutilation should be
committed or else,
arson will only be considered as
an aggravating circumstance;
3. Rape with homicide (also, attempted and

frustrated rape with homicide): homicide must
be by reason of or on occasion of rape;
4. Rape with serious illegal detention or

Kidnapping with rape — if there is an attempted
rape, it shall be considered as a separate
crime. Regardless of the number of rapes,
there is only one crime;
5. Kidnapping with
a. Murder;
b. Homicide (take note of specific intent);
Regardless of the number of victims
killed, there is one crime only of special
complex crime of kidnapping with
homicide or murder, as the case may
be; and
c. Serious Physical injuries.
19
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CIRCUMSTANCES WHICH AFFECT CRIMINAL Basis:

LIABILITY 1. The law recognizes the non-existence of a crime by
express provision; and
Circumstances Which Affect Criminal Liability 2. Lack of criminal intent.
1. Definitions
2. Art. 11: Justifying Circumstances A. DEFINITIONS
3. Art. 12: Exempting Circumstances
4. Aggravating Circumstances IMPUTABILITY RESPONSIBILITY
5. Alternative Circumstances Definition: the Definition: the
6. Absolutory Cause
quality by which an obligation of
act may be suffering the
ascribed to a consequences of
person as its crimes. It is the
author or owner. It obligation of taking
implies that the act the penal and civil
committed has consequences of the
been freely and crime.
consciously done
and may,
therefore, be put
down to the doer
as his very own.
Implies that a'deed Implies that the

may be imputed to person must take the
a person. consequence of
such a deed.
GUILT is an element of responsibility, for a man cannot be

made to answer for the consequences of a crime unless
he is guilty.
B. ART. 11: JUSTIFYING CIRCUMSTANCES
1. GENERAL CONCEPTS
JUSTIFYING CIRCUMSTANCES are those where the act

of a person is said to be in accordance with law, so that
such person is deemed not to have transgressed the law
and is free from both criminal and civil liability. There is no
crime and there is no criminal.
There is also no civil liability, except in par. 4 of Article 11.
Burden of Proof
It is incumbent upon the accused to prove the justifying
circumstances claimed by him to the satisfaction of the
court.
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2. SELF-DEFENSE (PAR. 1) d. Place and occasion of assault;
Rights included in Self-Defense: NOTE: Perfect equality between the weapons used or
1. Defense of person; material commensurability between the means of attack
2. Defense of rights protected by law; and defense by the one defending himself and that of the
3. Defense of property; and aggressor is not required because the victim does not
4. Defense of chastity. have sufficient opportunity and tranquility of mind to
think and calculate which weapon to use. The law merely
Self-defense includes not only the defense of the person requires rational equivalence; and
or body of the one assaulted but also that of his rights,
those rights the enjoyment of which is protected by law. 3. Lack of sufficient erovocation on the part of the
"Aside from the right to life on which rests the legitimate person defending himself
defense of our person, we have the right to property
acquired by us, and the right to honor which is not the FIRST ELEMENT: Unlawful aggression
least prized of man's patrimony." (Reyes citing 1 Viada, 1. Kinds of Aggression
The Revised Penal Code Book 1, 172, 173, 5th edition) a. Lawful: fulfillment of a duty or the exercise of
a right unless public officer exceeds his
The right to honor. Hence, a slap on the face is considered authority; and
as unlawful aggression since the face represents a b. Unlawful.
person and his dignity. (Rugas V. People G.R. No. 2. It is equivalent to assault or at least threatened
147789, 2004) assault of an immediate and imminent nature.
3. There must be an actual physical assault upon a
Reasons why penal law makes self- defense lawful person, or at least a threat to inflict real injury.
1. It is based on that impulse of self- preservation born 4. The threat must be offensive and positively
to man and part of his nature as a human being. strong, showing the wrongful intent to cause an
2. Classicist: grounded on the impossibility on the part injury.
of the State to avoid a present unjust aggression and 5. Peril to one's Life
protect a person unlawfully attacked. a. Actual: the danger must be present, that
is, actually in existence; or
3. Positivists: an exercise of a right, an act of social
b. Imminent: the danger is on the point of
justice done to repel the attack of an aggression. happening. It is not required that the
attack already begins, for it may be too
ELEMENTS: (URP) late.
1. Unlawful Aggression; 6. Peril to one's Limb
a. Includes peril to the safety of one's
Indispensable requirement; person from physical injuries.
(a) Actual physical assault or aggression or an
immediate and imminent threat is required; RETALIATION SELF-DEFENSE
(b) Threatened assault of an immediate kind must
The aggression that The aggression was
be offensive and positively strong showing the
was begun by the still existing when the
wrongful intent to cause injury, and injured party already aggressor was
(c) The defense must have been made during the ceased to exist when injured or disabled by
existence of aggression, otherwise, it is no the accused attacked the person making a
longer justifying; him. defense.
NOT self-defense
2. aeasonable necessity of the means employed to nor justifying
prevent or repel it; circumstance.
Test of reasonableness:
a. Nature and quality of the weapon used by
aggressor;
b. Physical condition, character, size and other NOTES: UNLAWFUL AGGRESSION
circumstances of aggressor; • The attack made by the deceased and the killin9 of
c. Physical condition, character, size and the deceased by defendant should succeed each
circumstances of person defending himself; other without appreciable interval of time.
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• Accused must have no time nor .occasion for SECOND ELEMENT: Reasonable necessity of the
deliberation-and cool thinking. means employed to prevent or repel it
• It must come, from the person attacked by the The reasonableness of either or •both such necessity
accused. depends on the existence of unlawful aggression and
• There is no unlawful aggression when there was an upon the nature and extent of the aggression.
agreement to fight unless aggression occurred before
the stipulated time and place in-the agreement. Two elements of necessity: necessity for the course
• When the a9gressor flees, unlawful aggression of action and necessity of the means employed
ceases to exist. 1. Necessity of the course of action taken: the necessity
• Mere belief of an impending attack is not sufficient. of the course of action taken depends on the
• In relation to "mistake of fact", the belief of the existence of unlawful aggression.
accused may pe considered in determining the 2. Necessity_of the means used: the means employed
existence of unlawful aggression. E.g. use of a replica by the person making a defense must be rationally
gun provided the accused befieve to be a real gun. necessary to prevent or repel an unlawful
• In case of a threat, it must be offensive and strong, aggression.
positively showing the wrongful intent to cause injury. a. In repelling or preventing an unlawful
It is present only' when the one attacked faces real aggression, the one defending must aim
and immediate threat to one's life. (People v. Vergara, at his assailant, and not indiscriminately
G.R. No. 177763, 2013) fire his deadly weapon.
b. The peace officer, in the performance of
How to Determine the Unlawful Aggressor: his duty, represents the law which he
In the absence of direct evicipnce to determine who must upOld. While the law on self-
provoked the conflict, it has been held that it shall be defense allows a private individual to
presumed that, in the nature of the order of things, the prevent or repel an aggression, the duty
person whoP was deeply offended by the insult was the of a peace officer requires him to
one who believed he had a right to demand explanation overcome his opponent. A police officer
of the perpetrator of that insult, and the one who struck is not required to afford a person
the first blow when he was not satisfied with the attacking him, the opportunity for a fair
explanation offered (United States v. Laurel, G.R. No L- and equal struggle.
7037, 1912).
In determining reasonable means, some factors are
KINDS OF SELF-DEFENSE: (CPLD) to be considered such as:
1. Self-defense of ahastity — There must be an attempt 1. Presence of imminent danger;
to rape the victim. 2. Emergency to which the person defending himself
2. Defense of Property — Must be coupled with an has been exposed to;
attack on the person of the owner, or on one 3. Nature and quality of the weapon used by the
entrusted with such property. accused compared to the weapon of the aggression;
4. Impelled by the instinct of self- preservation; and
Attack on property alone was deemed sufficient to 5. Size and/or physical character of the aggressor.
comply with element of unlawful aggression. (People Perfect equality between the weapons used by the
v. Narvaez, G.R. No. L-33466-67, 1983). one defending and that of the aggressor is not
required. Rational Equivalence is enough.
3. Self-defense in Libel — Justified when the libel is
aimed at a person's good narne. NOTE: The first two requisites thus far explained are
4. Defense of Dignity and of pers9n — Slap on the common to self-defense, defense of a relative, and
face which places a person's dignity in real danger. defense of a stranger.
(People V. Sabio, G.R. No L-23734, 1967)
Lack of sufficient provocation on the part of the
"Stand ground when in the right" - The law does not person defending himself
require a person to retreat when his assailant is rapidly 1. The one defending himself must not have given
advancing upon him with a deadly weapon. cause for the aggression by his unjust conduct or by
inciting or provoking the assailant.
2. Cases in which third requisite considered present:
ATENECI CENTRAL
• No provocation at all was given to the The clause, "in case the provocation was given by the
aggressor by the person defending himself; person attacked," used in stating the third requisite does
• When, even if a provocation was given, it was not mean that the relative defended should give
not sufficient; and provocation to the aggressor. It merely states an event
• When, even if the provocation was sufficient, which may or may not take place
it was not given by the person defending
himself. There is still a legitimate defense of relative even if the
3. The exercise of a right cannot give rise to sufficient relative being defended has given provocation, provided
provocation. that the one defending such relative has no part in the
4. The provocation must be sufficient, which means that provocation.
it should be proportionate to the act of aggression
and adequate to stir the aggressor to its Relative entitled to the Defense: (SADAC)
commission. (People v. Alconga, G.R. No. L-162, 1. apouse;
1947) 2. Ascenda nts;
3. Qescendants;
NOTE: Battered Woman Syndrome as a defense: 4. Legitimate, natural or adopted brothers and sisters,
R.A. 9262: Anti-Violence Against Women and Their or relatives by affinity in the same degrees; and
Children Act of 2004 March 8, 2004: Relatives by Affinity: created by marriage / law;
Sec 26: Victim-survivors who are found by the 5. Relatives by gonsanguinity within the 4th civil
courts to be suffering from battered woman degree.
syndrome do not incur any criminal and civil • Relatives by consanguinity: blood relatives
liability notwithstanding the absence of any of the
elements for justifying circumstances of self- NOTE: The relative defended may be the original
defense under the Revised Penal Code. aggressor. To justify the act of the relative defending, he
must not take part in such provocation.
Battered woman - one who is repeatedly subjected to
any forceful physical or psychological behavior by a man Basis: Humanitarian sentiment and upon the impulse of
in order to coerce her to do something he wants her to do blood which impels men to rush, on the occasion of great
without concern for her rights. perils, to the rescue of those close to them by ties of
blood.
Includes wives or women in any form of intimate
relationship with men 4. DEFENSE OF STRANGER (PAR. 3)
Must go through battering cycle at least twice. 3 ELEMENTS:

1. Unlawful aggression (indispensable
3. DEFENSE OF RELATIVES (PAR. 2) requirement);
2. Reasonable necessity of the means employed to
3 ELEMENTS: prevent or repel it; and
1. Unlawful aggression (indispensable requirement); 3. Person defending be not induced by revenge,
Unlawful aggression need not exist as a matter of fact. It resentment or other evil motive.
can be made to depend upon the honest belief of the one
making a defense, as when two sons attacked the victim The defense of a stranger must be actuated by
in the belief that the latter unlawfully attacked their father disinterested or generous motive.
who was lying on the floor when they arrived. (United
States v. Esmedia, G.R. No. L-5749, 1910) A stranger is any person not included in the enumeration
of relatives mentioned in paragraph 2.
2. Reasonable necessity of the means employed to
prevent or repel it; Basis: What one may do in his defense, another may do
• See discussion under par. 1 for him.
3. In case the provocation was given by the person 5. AVOIDANCE OF GREATER EVIL OR INJURY
attacked, the one making the defense had no part (STATE OF NECESSITY) [PAR. 4]
in such provocation;
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ELEMENTS: (EIP) 3. No other Eractical and less harmful means of

1. Evil sought to be avoided actually exists; preventing it.
• Evil that is merely expected or anticipated or
may happen in the future is not sufficient; In cases falling within subdivision 4 of Article 11, the
persons for whose benefit the harm has been prevented,
2, injury feared be greater than that done to avoid it; shall be civilly liable in proportion to the benefit which they
and may have received (Art. 101).
• Greater evil should not be brought about by
the negligence or imprudence of the actor, NOTE: Only instance in this article where there is
• Greater evil must not result from a violation of liability on the part of the accused.
law by the actor;
The necessity must not be due to the negligence or
violation of any law by the actor.
6. FULFILLMENT OF DUTY OR LAWFUL EXERCISE

OF RIGHT OR OFFICE (PAR. 5)
ELEMENTS:
1. Accused acted in the performance of duty or in the
lawful exercise of a right or office; and
2. Injury caused or offense committed is the necessary
consequence of the due performance of the duty, or
the lawful exercise of such right or office.
NOTES:
• The accused must prove that he was duly
appointed to the position claimed he was
discharging at the time of the commission of the
offense.
• The deceased was under the obligation to
surrender, and had no right, after evading service
of his sentence, to commit assault and
dis9bedience with a weapon in his hand, which
compelled the policeman to resort to such extreme
means, which, although it proved to be fatal, was
justified by the circumstances. (People v. Del/ma,
G.R. No. L-18660, 1922)
It is not necessary that there be unlawful aggression

against the person charged with the protection of the
property. If there is unlawful aggression against the
person charged with the protectio,n of the property, then
paragraph 1 of Art. 11 applies, it being a defense of right
to property.
DOCTRINE OF SELF-HELP - The owner or lawful

possessor of a thing has the right to exclude any person
from the enjoyment and disposal thereof. For this
purpose, he may use such force as may be reasonably
necessary to repel or prevent an actual or threatened
unlawful physical invasion or usurpation of his property.
ATENEO CENTRAL
SAR OPERATIONS 2019 CRIMINAL LAW
7. OBEDIENCE TO AN ORDER ISSUED FOR SOME JUSTIFYING V. EXEMPTING CIRCUMSTANCE

LAWFUL PURPOSE (PAR. 6)
ELEMENTS: (OLL)
1. An prder has been issued by a superior;
1 JUSTIFYING
1 EXEMPTING
2. The order has a Lawful purpose and not patently
illegal; and WHO/WHAT Act Actor
3. Means used by subordinate to carry out said order is IS
Lawful. AFFECTED
NOTES: NATURE OF Act is Act is

• The superior officer giving the order cannot invoke ACT considered wrongful but
this justifying circumstance. legal actor is not
liable
• Good faith is material, as the subordinate is not
liable for carrying out an illegal order if he is not
EXISTENCE None Yes, but since
aware of its illegality and he is not negligent. OF A CRIME voluntariness
is absent the
General rule: Subordinate cannot invoke this actor is not
circumstance when order is patently illegal. liable
Exception: When there is compulsion of an irresistible

force, or under impulse of uncontrollable fear. LIABILITY No crime, no There is a
criminal, no crime, no
B. ART. 12. EXEMPTING CIRCUMSTANCES criminal criminal, no
(IFaINDIA) liability, criminal
liability.
1. GENERAL CONCEPTS No civil liability
EXCEPT civil There is civil
liability in Art. liability
EXEMPTING CIRCUMSTANCES (non-imputability) are
11(4) [state of EXCEPT as
those grounds for exemption from punishment due necessity] to Art. 12(4)
to absence of any conditions in the agent of the crime [injury by
which makes the act voluntary or negligent. mere
accident] and
Technically, one who acts by virtue of any exempting (7) [lawful
circumstance commits a crime, although by the complete cause]
absence of any of the conditions which constitute free will
or voluntariness of the act, no criminal liability arise.
(Guevara)
There is, therefore, a crime, but no criminal.
Basis: There is complete absence of voluntariness (i.e.,

intelligence, freedom of action, or intent), or absence of
negligence on the part of the accused.
The burden of proof to prove the existence of an

exempting circumstance lies within the defense.
ATENEO CENTRAL
BAR OPERATIONS 201,9 CRIMINAL LAW
2. IMBECILITY OR INSANITY (PAR. 1) liable, but trial will be

suspended until the
IMBECILITY exists when a person, while of advanced mental capacity of the
age, has a mental development comparable to that of accused be restored
children between 2 and 7 years old. An imbecile is one tc.-) afford him a fair
who is deprived completely of reason or discernment and trial; and accused is
freedom of the will at the time of committing the crime. He committed to a
hospital.
is exempt in all cases from criminal liability.
INSANITY exists when there is complete deprivation of

intelligence or reason or without the least discernment or After judgment or Execution of
with total deprivation of free will. This does not include while serving judgment is
mere abnormality of the mental faculties. The insane is sentence suspended, the
not so exempt if it can be shown that he acted during a accused is
lucid interval. committed to a
hospital. The period
It is necessary that there be a complete deprivation of of confinement in the
intelligence while committing the act, that is, that the hospital is •counted
accused be deprived of reason; that he acts without the for the purpose of
least discernment; or that there be a total deprivation of the prescription of
freedom of the will, (People v. Formigones, G.R. No. L- the penalty.
3246, 1950)
The evidence of insanity must refer to the time
The defense must prove that the accused was insane at nrocpriityi MP art tinder thin nrncori 'Jinn nr tn thA uory
the time of the commission of the crime, because the
moment of its execution.
presumption is always in favor of sanity. (People v.
Bascos, G.R. No. L-19605, 1,922)
Tests of Insanity:
1. Cognition: complete deprivation of intelligence in
Basis: Complete absence of intelligence, an element of
committing the crime; and
voluntariness.
2. Volition: total deprivation of freedom of will.
TIME WHEN EFFECT ON
ACCUSED CRIMINAL Scope of the term "Insanity":
SUFFERS LIABILITY • Dementia praecox: irresistible homicidal impulse;
INSANITY • Schizophrenia: chronic mental disorder
characterized by inability to distinguish between
At the time of the Exempt from fantasy and reality and often accompanied by
commission of the criminal liability hallucinations and delusions;
felony
• Kleptomania only if it produces an irresistible
impulse to steal as when the accused has been
During trial Accused is criminally
deprived of his will which would enable him to
prevent himself from doing this act'
Epilepsy: chronic nervous disease characterized
by fits, occurring at intervals, attended by
conclusive motions of the muscles and loss of
consciousness;
• Feeblemindedness: not exempting;
• Pedophilia: not insanity;
• Amnesia: not proof of mental condition of the
accused;
1 Note: If it only diminishes the exercise of his will-

power, it is not an exempting circumstance but a
mitigating circumstance.
ATENEO CENTRAL
• Other causes of lack of intelligence; • Upon suspension of sentence and after

• Committing a crime while in a dream (People v. considering the various circumstances of the
Taneo, G.R. No. L-37673, 1933); child, the court shall impose the appropriate
• Somnambulism or sleepwalking (People v. disposition measures as provided in the Supreme
Gimena, G.R. No. L-33877, 1931); and Court Rule on Juveniles in Conflict with the Law.
• Committing a crime while suffering from (RA 9344, Sec. 38).
malignant malaria. (People v. Lacena, G.R. No. L-
46961, 1940) PERIODS OF CRIMINAL
RESPONSIBILITY
3. MINORITY (PAR. 2 AND 3)
AGE OF 9 years and
ABSOLUTE below (infancy)
Basis: Complete absence of intelligence IRRESPONSIBILI but now 15
TY and below
Burden of Proof: Any person alleging the age of the child under RA 9344
in conflict with the law has the burden of proving the age
of the child. AGE OF Between 9 and
• If age is contested PRIOR to the filing of the CONDITIONAL 15 years but now
information in court', a case for determination of RESPONSIBILIT between 15-18
age under summary proceeding may be filed Y under RA 9344
before the Family Court which shall render its
decision within 24 hours from receipt of AGE OF 18 or over
pleadings. FULL (adolescence)
RESPONSIBILIT to 70 (maturity)
Y
Par 2: A person under nine years of age
• Modified by Section 6 of RA 9344 to FIFTEEN AGE OF Over 9 and
YEARS OF AGE AND BELOW MITIGATED under 15,
RESPONSIBILIT offender acting
Par 3: A person-ever-n-ine-yeaFs-of-age an41-u-n4ef Y with discernment
fifteenr ---u-niess--14e-Ilas-aeted with-diseemment in but now under
which-ease, such minor shall be proceeded against in RA 9344, 15 or
over but less
accordance with the provisions of Article 80 of this
than 18; over 70
code years of age
• Allegation of "with intent to kill" in the information
is sufficient allegation of discernment.
• Section 6 of RA 9344 modified this to: a person
EXEMPTING provisions under RA 9344: Juvenile
OVER 15 ABOVE and UNDER 18 unless he has
Justice and Welfare Act of 2006
acted with discernment.
• Section 38 of RA 9344: Automatic Suspension
SEC. 57. Status Offenses. - Any conduct not considered
of Sentence. - Once the child who is under
an offense or not penalized if committed by an adult shall
eighteen (18) years of age at the time of the
not be considered an offense and shall not be punished if
commission of the offense is found guilty of the
committed by a child.
offense charged, the court shall determine and
ascertain any civil liability which may have
SEC. 58. Offenses Not Applicable to Children: Persons
resulted from the offense committed. However,
below eighteen (18) years of age shall be exempt from
instead of pronouncing the judgment of
prosecution for:
conviction, the court shall place the child in
• The crime of vagrancy and prostitution under Section
conflict with the law under suspended
need of application: 202 of the Revised Penal Code,
sentence, without
Provided, however, That suspension of sentence • Mendicancy under Presidential Decree No. 1563,
shall still be applied even if the juvenile is already Sniffing of rugby under Presidential Decree No. 1619,
such prosecution being inconsistent with the
eighteen years (18) of age or more at the time of
the pronouncement of his/her guilt. Uniled Nations Convention on the Rights of the
ATENEO CENTRAL
Child: Provided, That said persons shall undergo The force must be so irresistible as to reduce the actor
appropr te counseling and treatment program. to mere instrument who acts not only without will but
against his will. The compulsion must be of such a
4. ACCIDENT WITHOUT FAULT OR INTENTION OF character as to leave no opportunity to the accused for
CAUSING IT (PAR. 4) escape or self-defense in equal combat. (People v.
Loreno, G.R. No. L-54414, 1984)
Accident is an occurrence that happens outside the sway
of our will, and although it comes about through some act 6. UNCONTROLLABLE FEAR (PAR. 6)
of our will, it lies beyond the bounds of humanity
foreseeable consequences. UNCONTROLLABLE FEAR means that the offender
employs intimidation or threat in compelling another to
4 ELEMENTS: commit a crime. The compulsion is by means of
1. A person is performing a lawful act; intimidation or threat, not force or violence.
2. With due care;
3. He causes an injury to another by mere accident; ELEMENTS:
and 1. The threat which causes the fear is of an evil greater
4. Without fault or intention of causing it. than, or at least equal to, that which he is required to
commit; and
ACCIDENT V. NEGLIGENCE 2. It promises an evil of such gravity and imminence
that an ordinary man would
ACCIDENT NEGLIGENCE 3. have succumbed to it.
An event which under the Failure to observe that
circumstance is unusual degree, of care, REQUISITES:
or unexpected by the to precaution
, , and vigilance 1. Existence of an uncontrollable fear;
whom it happens. which thecircui, '0_01
t ItaGO
2. The fear must be real and imminent; and
justly demand without
which such other person 3. The fear of an injury is greater than or at least equal
suffers injury. to that committed.
Basis: Lack of negligence and intent. Under this Basis: Complete absence of freedom, an element of
circumstance, a person does not commit either an voluntariness. An act done by me against my will is not
intentional felony or a culpable felony. my act.
When claim of accident not appreciated: Duress to be a valid defense should be based on real,
1. Repeated blows; and imminent or reasonable fear for one's life or limb. It should
2. Threatening words preceding it and still aiming the not be inspired by speculative, fanciful or remote fear. A
gun at the prostate body of the victim. threat of future injury is notenough.
5. IRRESISTIBLE FORCE (PAR. ) The accused must not have opportunity for escape or self-
defense.
Irresistible force means that the offender uses violence
or physical force to compel another person to commit a IRRESISTIBLE FORCE V. UNCONTROLLABLE FEAR
crime.
IRRESISTIBLE UNCONTROLLABLE
3 ELEMENTS: (PIT) F9RPE FEAR
1. The compulsion is by means of Physical force;
2. The physical force must be Irresistible; and Violence or The offender employs
3. The physical force must come from a Ihird person. physical force to intimidation or threat
compel another in compelling another
Passion and obfuscation cannot amount to irresistible person to commit a to commit a crime.
force. crime
Basis: Complete absence of freedom 7. PREVENTED BY AN INSUPERABLE CAUSE (PAR.

7)
ATENEQ CENTRAL
. . ,
INSUPERABLE CAUSE is some motive, which has ArtiCle.64 applies only
lawfully, morally or physically prevented a person to do when there are two or
Pars. 1 and 2 are
what the law commands. more ordinary
privileged mitigating
mitigating
under Article 68 as
ELEMENTS: (RFL) circumstances without
amended by R.A. No.
1. An act is Required by law to be done; any generic
9344 and Article 69;
aggravating
2. A person Eails to perform such act; and
circumstances
3. His failure to perform such act was due to some
Lawful or insuperable cause.
Susceptible of being
Cannot be offset by
Basis: Accused acts without intent, the third condition of offset by any
aggravating
voluntariness in intentional felony. aggravating
circumstances; and
circumstance; and
Examples:
1. A priest cannot be compelled to reveal what was
If not offset by an
confessed to him. aggravating
2. An officer is not liable for arbitrary detention for Produces the effect of
circumstance,
failure to deliver a prisoner to a judicial authority imposing upon the
produces only the
when there was no available transportation. offender the penalty
effect of applying the
lower by one or two
penalty provided by
degrees than that
law for the crime in its
provided by law for the
C. ART 13 MITIGATING CIRCUMSTANCES minimum period, in
crime.
case of divisible
1. GENERAL CONCEPTS penalty.
MITIGATING CIRCUMSTANCES are those which, if 2. INCOMPLETE JUSTIFYING OR EXEMPTING

present in the commission of the crime, do not entirely CIRCUMSTANCES (PAR. 1)
free the actor from criminal liability, but serve only to
REDUCE the penalty Circumstances of Justification or Exemption which
may give Place to Mitigation:
Basis: Diminution of either freedom of action, 1. Self-defense;
intelligence, or intent, or on the lesser perversity of the 2. Defense of Relatives;
offender. 3. Defense of Strangers;
4. State of Necessity;
A mitigating circumstance arising from a single fact 5. Performance of Duty;
absorbs all the other mitigating circumstances arising 6. Obedience to Order of Superior;
from that same fact. 7. Minority over 9 and under 15 years of Age;2
8. Causing injury by mere Accident; and
COMPARE ORDINARY V. PRIVILEGED MITIGATING 9. Uncontrollable Fear,
CIRCUMSTANCES
EXCEPTIONS: Article 12, pars. 1 and 2 cannot give place
to mitigation, because the mental condition of a person is
ORDINARY PRIVILEGED indivisible; there is no middle ground between sanity and
insanity, between presence and absence of intelligence.
Those enumerated Par. 1 of Article 13,
in pars. 1-10 of (Decs. of Sup. Cf. of Spain of December 19, 1901 and of
Articles 64, 68, 69; October 3, 1884).
Article 13;
This mitigating circumstance applies when not all the
requisites are present. If majority of the requisites are
present, it is a privileged mitigating circumstance.
NOTES:
2 Note: Now 15 and over until 18 under RA 9344.

ATENEO CENTRAL
• Incomplete self-defense, defense of relatives, and

defense of stranger: unlawful aggression must be
present.
(a) When 2 of the requisites mentioned are present, it
1 of death penalty is
suspended and
commuted
should be considered as a privileged mitigating 4. NO INTENTION TO COMMIT SO GRAVE A WRONG

circumstance referred to in Art. 69. (PAR. 3)
• Incomplete justifying circumstance of avoidance of
greater evil or injury: if any of the last 2 requisites is Bas* Intent, an element of voluntariness in intentional
absent, there is only a mitigating circumstance. felony, is diminished.
• Incomplete justifying circumstanc,e of performance of
duty: there is no ordinary mitigating circumstance Not applicable to felonies where intention is immaterial.
under Art. 13, par. 1, when the justifying or exempting Applisable only to offenses resulting in physical injuries or
circumstance has 2 requisites only. material harm.
• Incomplete exempting circumstances of accident
(a) If the requisites of (1) due care, and (2) without In crimes against persons who do not die as a result of
fault are absent, the case will fall under Article the assault, the absence of the intent to kill reduces the
365. felony to mere physical injuries, but it does not constitute
a mitigating circumstance under Art. 13, par. 3. (People v.
3. OVER 15 AND UNDER 18, IF THERE IS Galacgac, C.A., 54 O.G. 1207)
DISCERNMENT OR OVER 70 YEARS OLD (PAR. 2)
• Original provision which provides that offender Recognizing the ma/urn prohibitum characteristic of
under 18 is entitled to a mitigating circumstance hazing, the law provides that any person charged with the
of minorityis deemed repealed by RA 9344 said crime shall not be entitled to the mitigating
• Age of accused is determined by his age at the circumstance that there was no intention to commit so
date of commissioniof crime, not date of trial. grave a wrong. (People v. I olentino, G.R. No. 208686,
• That the offender is over 70 years of age is only 2015)
a generic mitigating circumstance.
Rule for the application: This circumstance can be
Basis: Diminution of intelligence, taken into account only when the facts proven show that
a condition of
voluntariness there is a notable and evident disproportion between
the means employed to execute the criminal act and its
LEGAL EFFECTS OF vAmpus AGES OF THE consequences. (United States v. Reyes, 36 Phil. 904,
OFFENDER 907)
15 and below Exempted from Factors that can be considered are:

penal responsibility 1. VVeapon used;
Above 15 but under ' Without 2. Injury inflicted;
18 discernment: 3. Part of the body injured; and
exempting; 4. Mindset of offender at the time of commission of
With discernment: crime.
penalty is reduced
by one (1) degree NOTES:
lower than that • Intent, being in an internal state, must be judged by
imposed external acts.
Minor delinquent Sentence • Not applicable whenthe offender employed brute
under 18 years of age suspended
who acted with force.
discernment • It is the intention of the offender et the moment when
Over 18 years and Full criminal he is committing the crime which is considered.
below 70 responsibility • Appreciated in murder qualified by circumstances
, based on manner of commission, not on the state of
70 years or over Mitigating, no
imposition of death mind of the accused.
penalty, if already • Not appreciated in murder qualified by treachery.
imposed, execution • Not applicable to felonies by negligence.
ATENEO CENTRAL
5. PROVOCATION OR THREAT (PAR. 4) 3. It must be immediate to the commission of the crime

by the person who is provoked.
PROVOCATION is any unjust or improper conduct or act (a) Threat must immediately precede the act
of the offended party, capable of exciting, inciting or SUFFICIENT
irritating anyone. SUFFICIENT
PROVOCATION
PROVOCATION AS
AS A REQUISITE
REQUISITES: A MITIGATING
OF INCOMPLETE
CIRCUMSTANCES
SELF-DEFENSE
PROVOCATION VINDICATION
Pertains to its Pertains to its
Made directly only The grave offense absence on the part presence on the part
to the person may be committed of the person of the offended
committing the also against the defending himself. party.
felony; offender's relatives
mentioned by the Threat should not be offensive and positively strong.
law; Otherwise, it would be an unlawful aggression, which may
The cause that The offended party give rise to self-defense and thus no longer a mitigating
brought about the must have done a circumstance.
provocation need grave offense;
not be a grave Basis: Diminution of intelligence and intent.
offense;
6. VINDICATION OF GRAVE OFFENSE (PAR. 5)
It is necessary that The vindication of
the provocation or the grave offense REQUISITES:
threat immediately may be proximate, 1. A grave offense done to the one committing the
preceded the act; which admits of an felony, his spouse, ascendants, descendants,
there is no interval interval of time legitimate, natural or adopted brothers or sisters or
of time between the between the grave relatives by affinity within the same degree; and
provocation and the offense done by the 2. Felony is committed in immediate vitidicatieiI of sucl
commission of the offended party and grave offense.
crime; and the commission of
the crime by the NOTES:
accused; and • "Immediate" allows for a lapse of time, as long as
the offender is still suffering from the mental agony
It is mere spite Concerns the brought about by the offense to him.
against the one honor of a person, • "Grave offense" includes any act that is offensive to
giving the an offense which is the offender or his relatives and the same need not
provocation or more worthy of be unlawful.
threat. consideration than • The grave offense must be the proximate cause or
mere spite against proximate to the act of the offender.
the one giving the • Vindication is incompatible with passion or
provocation. obfuscation.
• The provocation should be proportionate to the
1. Provocation must be sufficient;
damage caused by the act and adequate to stir one
(a) Sufficient means adequate to excite a person to
to its commission.
commit the wrong and must accordingly be
proportionate to its gravity; • Court must consider the following to determine the
gravity of the offense in vindication:
(b) Depends on:
o Social standing of the person;
• The act constituting the provocation;
o Place; and
• Social standing of the person provoked; and
o Time when the insult was made.
• Place and the time when the provocation is
made;
COMPARE PROVOCATION V. VINDICATION
2. It must originate from the offended party; and
A"I"EKO CENTRAL
Basis: Diminution of the conditions of voluntariness. • Incompatible with:

(a) Vindication of grave offense,
7. PASSION OR OBFUSCATION (PAR. 6) (b) Treachery; and
(c) Evident premeditation.
Basis: The offender who acts with passion or obfuscation
suffers a diminution of his intelligence and intent. COMPARE PASSION/OBFUSCATION V.
PROVOCATION
REQUISITES:
1. The accused acted upon an impulse; and
2. The impulse must be so powerful that it naturally
produced passion or obfuscation in him.
Rule for the application of this paragraph: Passion or

obfuscation may constitute a mitigating circumstance
only when the same arose from lawful sentiments.
WHEN NOT MITIGATING

MITIGATING
Accused acted Act is cgmrnitted in a

upon impulse; spirit of lawlessness;
and
Act is committed in a
spirit of revenge.
FURTHER REQUISITES:
1. There be an act, both unlawful and sufficient to
produce such a condition of mind; and
2. Said act which produced the obfuscation was not far
removed from the commission of the crime by a
considerable length of time, during which -the
perpetrator might recover his normal equanimity.
NOTES:
• Exercise of a right or fulfillment of duty is not proper
source of passion or obfuscation.
• The act must be sufficient to produce such a
condition of mind.
• The defense must prove that the act which produced
the passion or obfuscation took place at a time not
far removed from the commission of the crime.
• The crime committed must be the result of a sudden
impulse of natural and uncontrollagle fury.
• The cause producing -passion or obfuscation must
con,le from the gffended party.
• It may lawfully arise from causes existing only in the
honest belief of the offender.
• It is compatible with lack of intention to commit so
grave a wrong.
• Passion or obfuscation does, not arise if act is
actuated by spirit of lawlessness, jealousy, and
revenge.
ATENEO CENTRAL
COMPARE PASSION/OBFUSCATION V.
IRRESISTIBLE FORCE
PASSION/ IRRESISTIBLE
FORCE
, OBFUSCATION
A mitigating An exempting
PASSION PROVOCATION
circumstance; circumstance;
/OBFUSCATION
No physical force, Requires physical
Comes from the Comes from the hence, cannot give force;
offender and injured party; rise to an irresistible
produced by an force;
impulse which may v , 1 L-.4" el
be caused by Irr " " 4 orce
provocation; tUfultilatIAINDNhe must come from a
' . • .
The offense which Must immediately
engenders precede the
perturbation of mind commission of the
need not be crime;
immediate; it is only
required that the
influence thereof lasts
until the moment the
crime is committed;
In both, the effect is loss of reason and self-

control on the part of the offender; and
If Obfuscation and provocation arose from

one and the same act, both shall be treated
as only one mitigating circumstance.
ATENEO GENTFW;
-
• Voluntary surrender does not simply mean non-
8. SURRENDER AND CONFESSION OF GUILT (PAR.7) flight. It is not required that accused did not escape
or went into hiding.
Basis: Lesser perversity of the offender. • The surrender must be by reason of the commission
of the crime for which defendant is prosecuted.
TWO MITIGATING CIRCUMSTANDES: • Intention -to surrender, without actually surrendering,
1. Voluntary surrender to a person in authority or his is not mitigating.
agents; and
• There is spontaneity even if the surrender is induced
2. Voluntary confession of guilt before the court prior to
by fear of retaliation by the victim's relatives.
the presentation of evidence for the prosecution. • When the offender imposed a ,condition or acted with
external stimulus, his surrender is not voluntary.
NOTE: When both a,re, present, they should have the
effect of mitigating as two independent circumstances.
REQUISITES OF VOLUNTARY PLEA OF GUILTY:
(People v. Fordable G. R. No. L-43126, 1935)
1. The offender spontaneously confessed his guilt;
2. The confession of guilt was made in open court, that
REQUISITES OF VOLUNTARY SURRENDER:
is, before the competent court that is to try the case;
1. The offender had not been actually arrested;
and
2. The offender surrendere himself to a person in
3. The confession of guilt was made prior to the
authority or to the latter's agent;
presentation of evidence for the prosecution.
PERSON IN AUTHORITY is one directly vested with
NOTES:
jurisdiction, i.e., a public officer who has the power to
• Plea must be made before trial begins and at the
govern and execute the laws whether as an individual
first instance or original state, not during a trial de
or as a member of some court or governmental
novo or when on appeal,
corporation, board or commission;
• Plea m,ade after arraignment and after trial has
AGENT OF A PERSON IN AUTHORITY is a person, begun does not entitle accused to the mitigating
who, by direct provision of the law, or by election or circumstance.
by appointment by competent authority, is charged • If accused pleaded not guilty, even if-during
with the maintenance of public order and the arraignment, he is entitled to mitigating circumstance
protection and security of life and property and as long as he withdraws his plea of not guilty to the
any person who comes to the aid of persons in charge before the fiscal could present his evidence.
authority; and o The change of plea should be made at the
first opportunity.
3. The surrender was voluntary. o A conditional plea of guilty is not a
mitigating circumstance.
• Plea to a lesser charge is not a mitigating
It must be spontaneous in such a manner that it
shows the interest of the accused to surrender circumstance because the plea of guilt was not to
unconditionally to the authorities, either because the offense charged.
he acknowledges his guilt or because he wishes • Plea to the offense charged in the amended -
to save them the trouble and expenses information, lesser than that charged in the original
necessarily incurred in his search and capture. information is a mitigating circumstance.
• Where the accused pleads guilty to a capital
NOTES: offense, that court shall conduct a searching inquiry
• It is not mitigating when defendant was in fact into the voluntariness and full comprehension of the
arrested. consequences of his plea and shall require the
• When the warrant of arrest had not been served or prosecution to prove his guilt and the precise degree
not returned unserved because the accused cannot of culpability.
be located, the surrender is mitigating. • Plea of guilty is not mitigating in culpable felonies
• The law does not require that the surrender be prior and in crimes punishable by special laws.
to the order of arrest.
• Surrender of weapons cannot be equated with 9. PHYSICAL DEFECT OF OFFENDER (PAR. 8)
voluntary surrender.
ATENEO CENTRAL
Basis: Incomplete freedom of action, an element of • Esprit de corps, similar to passion and
voluntariness, due to physical defect, which restricts one's obfuscation;
means of action, defense, or communication with one's • Voluntary restitution of stolen property, similar to
fellow beings. voluntary surrender;
• Extreme poverty and necessity, similar to
NOTES: incomplete justification based on state of
• This is applicable when the offender is deaf and necessity; and
dumb, blind, or otherwise suffering from some • Testifying for the prosecution, analogous to plea
physical defect, restricting his means of action, of guilty.
defense or communication with others.
• Physical defect must restrict means of action, NOTE: Mitigating circumstances which arise (1) from the
defense, or communication with fellow beings. moral attributes of the offender, or (2) from his private
• The physical defect must relate to the offense relations with the offended party, or (3) from any other
committed. personal cause, shall only serve to mitigate the liability of
• This paragraph does not distinguish between the principals, accomplices, and accessories as to whom
educated and uneducated deaf-mute or blind such circumstances are attendant. (Art. 62, par. 3)
persons.
Circumstances which are neither exempting nor
10. ILLNESS OF THE OFFENDER (PAR.9) mitigating:
1. Mistake in the blow or aberration ictus;
REQUISITES: 2. Mistake in the identity;
1. The illness of the offender must diminish the 3. Entrapment;
exercise of his will-power; and 4. Accused is over 18 years of age; and
2. Such illness should not deprive the offender of 5. Performance of righteous action.
consciousness of his acts.
D. AGGRAVATING CIRCUMSTANCES
Examples:
• Mild behavior disorder (illness of nerves or moral 1. GENERAL CONCEPTS
faculty);
• Acute neurosis making a person ill- tempered and AGGRAVATING CIRCUMSTANCES are those which, if
easily angered; attendant in the commission of the crime, serve to
• Feeblemindedness (may be considered under increase the penalty imposed in its maximum period
par. 8); provided by law for the offense.
• One with obsession that witches are to be
Basis: The greater perversity of the offender manifested
eliminated akin to one with morbid infirmity but still
in the commission of the felony as shown by:
retaining unconsciousness; and
1. The motivating power itself;
• Schizo-affective disorder or psychosis. 2. The place of the commission;
3. The means and ways employed;
Basis: Diminution of intelligence and intent.
4. The time; or
5. The personal circumstances of the offender, or the
11. SIMILAR OR ANALOGOUS CIRCUMSTANCES
offended party.
(PAR. 10)
KINDS OF AGGRAVATING CIRCUMSTANCES:
Examples: •
1. Generic: Generally apply to all crimes
• Outraged feeling of owner of animal taken for
ransom analogous to vindication of a grave
offense;
• Impulse of jealous feeling, similar to passion and
obfuscation;
• Manifestations of Battered Wife Syndrome,
analogous to an illness that diminishes the
exercise of will power;
ATENEO CENTRAL
a, Advantage, taken of pub* position; (b), Complex crimes;

b. Contempt or insult of public authority; (c) Taking advantage of public position and
c. Crime committed in the dwelling of the membership in an organized/syndicated crime
offended party; group (Ar. 61, par. 1.(a)); and
d. Abuse of confidence or obvious (d) Use of unlicensed firearm in homicide or murder.
ungratefulness;
e. Where crime is committed in palace of Chief Note: Error in personae: is not a special aggravating nor
Executive, in his presence, or where public a mitigating circumstance (Reyes, Book 1);
authorities pre engaged, or in a place for
religious worship;
DIFFERENTIATING DIFFERENT KINDS OF
f. Nighttime, uninhabited place, or band;
AGGRAVATING CIRCUMSTANCES
g. Recidivism;
h. Reiteracion or Habituality;
KINDS OF AGGRAVATING
i. Craft, fraud or disguise;
CIRCUMSTANCES
j. Unlawful entry;
k. Breaking of wall, rgpf, floor, door or window; GENERIC Those that can generally
and apply to crimes.
I. Use of persons under 15 years of age; Includes paragraphs 1,2,3
(dwelling),4,5,6,9,10,14,18
2. Specific: Apply only to particular crimes ,19, and 20, except by
a. Disregard of rank, age, or sex due the "means of motor vehicles;"
offended party in crimes against persons
and honor;
b. Advantage of superior strength or means be SPECIFIC Those that apply only to
employed to weaken the. defense; particular crimes (i.e.
C. Treachery in crimes against persons; ignominy in crimes against
d.--tgn-arniny in-crkmes against ch-astity; chastity or_crueity and
p. Cruelty in,crimes against persons; and treachery in crimes against
f. Use of unlicensed firearm in the murder or persons);
homicide committed: this is absorbed in Includes paragraphs 3
rebellion, insurrection, sedition, and (except dwelling), 15,16,17
attempted coup d'etat; (R.A. No. 8294) and 21;
3. Qualifying: Change the nature of the crime

a. Alevosia (treachery) or evident QUALIFYIN Those that change the
premeditation qualifies the killing of a G nature of the crime (Le,
person to murder; and alevosia or evident
b. Art. 248 enumerates the qualifying premeditation qualifies the
aggravating circumstances which qualify killing of a person to
the killing of a person to murder; murder);
4. Inherent: Must of necessity accompany the Article 248
commission of the crime enumerates the
(a) Evident premeditation in robbery, theft, estafa, qualifying aggravating
circumstances which
adultery and concubinage;
qualify the killing of a
(b) Abuse of public office in bribery; person to murder;
(c) Breaking of a wall or unlawful entry into a house INHERENT Those that must of
in robbery with the use of force upon things; necessity accompany the
(d) Fraud in estafa; and commission Of the crime
(e) Deceit-in simple seduction. (Article 62, paragraph 2);
Evident premeditation is
5. Special: Those which arise under special conditions inherent in robbery, theft,
to increase the panalty of the offense and cannot be estafa, adbltery and
offset by mitigating circumstances concubinage.
(a) Quasi-recidivism;
ATENE0 CENTRAL
RULES ON AGGRAVATING CIRCUMSTANCES: • The public officer must use the influence,
1. Aggravating circumstances shall NOT be appreciated prestige or ascendancy which his office gives
if: him as the means by which he realizes his
(a) They constitute a crime especially punishable by purpose.
law, or • It is not aggravating if accused could have
(b) It is included by the law in defining a crime and perpetrated the crime without occupying public
prescribing the penalty therefor. (Art. 62, par. 1) position.
• It is inherent in the case of accessories under Art.
Example: "That the crime be committed by means of 19, par. 3, and the crimes committed by public
... fire, explosion" (Art. 14, par. 12) is in itself a crime officers.
of arson (Art. 321) or a crime involving destruction • R.A. 7659 provides that crimes committed by a
(Art. 324). public officer will be given the penalty prescribed
at its maximum, regardless of the nature and
2. It shall also NOT be appreciated if any aggravating number of mitigating circumstances.
circumstance is inherent in the crime to such a
degree that it must of necessity accompany the 3. THE CRIME BE COMMITTED IN CONTEMPT OF OR
commission thereof. (Art. 62, par. 2) WITH INSULT TO THE PUBLIC AUTHORITIES (PAR. 2)
3. Aggravating circumstances which arise:
(a) From the moral attributes of the offender; Basis: Greater perversity of the offender, as shown by his
(b) From his private relations with the offended lack of respect for the public authorities.
party; or
(c) From any personal cause FOUR (4) REQUISITES: (ENKC)
• shall only serve to aggravate the liability of the 1. The public authority is engaged in the exercise of his
principals, accomplices and accessories, to functions;
whom such circumstances are attendant. (Aft 2. Such public authority is Kot the person against whom
62, par. 3); the crime is committed;
4. Aggravating circumstances which consist 3. The offender Knows him to be a public authority; and
(a) In the material execution of the act 4. His presence has not prevented the offender from
(b) In the means employed to accomplish it aommitting the criminal act.
• shall only serve to aggravate the liability of
those who had knowledge of them at the time of A PUBLIC AUTHORITY, sometimes called a person in
the execution of the act or their cooperation authority, is a public officer who is directly vested with
therein. (Art. 62, par. 4); jurisdiction and has the power to govern and execute the
5. Aggravating circumstances, regardless of its kind, laws.
should be specifically alleged in the information AND
An AGENT OF A PERSON IN AUTHORITY is any
proved as fully as the crime itself in order to increase
person who, by direct provision of law or by election or by
the penalty (Sec. 9, Rule 110, 2000 Rules of Criminal
appointment by competent authority, is charged with the
Procedure); and
maintenance of public order and the protection and
6. When there is more than one qualifying aggravating
security of life and property.
circumstance present, one of them will be
appreciated as qualifying aggravating while the
NOTES:
others will be considered as generic aggravating.
• Teachers or professors of a public or
recognized private school and lawyers are not
2. ADVANTAGE BE TAKEN BY THE OFFENDER OF
"public authority" within the contemplation of
HIS PUBLIC POSITION (PAR. 1) this paragraph.
• Art. 14, par. 2 does not apply when the crime
Basis: Greater perversity of the offender as shown by the is committed in the presence of an agent only.
personal circumstances of the offender and also by the • If the crime is committed against a public
means used to secure the commission of the crime. authority while he is in the performance of his
official duty, the offender commits direct
NOTES: assault without this aggravating circumstance.
• Applicable only when the offender is a public • Knowledge that a public authority is present is
officer who takes advantage of his public position. essential. Lack of knowledge on the part of the
ATENEO CENTRAL
offender that a public authority, is present 3. The condition of being a woman is indispensable in
indicates lack of intention to insult the public the commission of the crime.
authority.
DWELLING must be a building or structure exclusively
3. THE ACT BE COMMITTED (PAR. 3) used for rest and comfort; a combination of house and
a. With insult or in disregard of the respect due store is not included.
the •offended party on the account of his • Includes dependencies, the foot of the staircase
rank, age, or sex, or
b. In the dwelling of the offended party, if the and enclosure under the house.
latter has not given provocation. It requires that the crime be wholly or partly be
committed therein or in any integral part thereof.
Basis: Greater perversity of the offender, as shown by the • Dwelling does not mean the permanent residence
personal circumstances of the offended party and the or domicile of the offended party or that he must
place of the commission of the crime. be the owner thereof. He may be actually living
therein even for a temporary duration or as a
RANK is the designation or title of distinction used to fix guest.
the relative position of the offended party in reference to • It is not necessary that the accused should have
others. actually entered the dwelling of the victim; it is
• There must be a difference ip the social condition enough that the victim was attacked inside his
of the offender and the offended party. house, although the assailant may have devised
• Proof of fact of disregard and deliberate intent to means to perpetrate the assault from without.
insult required. • Even if the killing took place outside the dwelling,
it is aggravating provided that the commission of
AGE may refer to old age or the tender age of the victim. the crime was begun in the dwelling.
• The circumstance of lack of respect due to age • Dwelling is not included in the qualifying
applies in cases where the victim is of tender age circumstance of treachery.
as well ascof old age.
• Deliberate intent to offend or insult required. Bases for aggravating circumstance of dwelling:
• Disregard of old age not aggravating in robbery • The abuse of confidence which the offended party
with homicide. reposed in the offender by opening the door'to him;
or
SEX refers to the female sex, not to the male sex. • The violation of the sanctity of the home by
• Disregard of sex is not aggravating in the absence trespassing therein with violence or against the will
of evidence that the accused deliberately intended of the owner.
to offend or insult the sex of the victim or showed
manifest disrespect to her womanhood. NOTES:
• Absorbed in treachery. • Offended party must not give provocation.
• Meaning of provocation in the aggravating
NOTES: circumstance:
• The 4 circumstances can be considered single or • Given by the owner of the dwelling;
together. If all the four circumstances are present, o Sufficient; and
they have the weight of one aggravating o Immediate to the commission of the crime.
circumstance only. o Note: If all these conditions are present,
• Disregard of rank, age, or sex may be taken into the fact that the crime is committed in the
account only in crimes against persons or honor. dwelling of the offended party is NOT an
aggravating circumstance.
• There must be evidence that in the commission of
o Rationale: When it is the offended party
the crime, the accused deliberately intended to who has provoked the incident, he loses
offend or insult the sex or age of the offended his right to the respect and consideration
party. due him in his own house.
• There must be a close relation between
When not applicable: provocation and commission of crime in the
1 Offender acted with passion and obfuscation; dwelling.
2. There exists a relationship between the offended
party and the offender; and Dwelling is not aggravating in the following cases:
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• General Rule: When both the offender and the • It is not a mere betrayal of trust, since the offended
offended party are occupants of the same house. party must be the one who actually reposed his
• Exception: In case of adultery in the conjugal confidence in the offender.
dwelling, the same is aggravating. However, if the
paramour also dwells in the conjugal dwelling, the THREE (3) REQUISITES OF OBVIOUS
applicable aggravating circumstance is abuse of UNGRATEFULNESS: (TAU)
confidence. 1. That the offended party had Trusted the offender;
• General Rule: When robbery is committed by the 2. That the offender abused such trust by committing a
use of force upon things, dwelling is not crime against the offended party; and
aggravating because it is inherent. 3. That the act be committed with obvious
• Exception: Dwelling is aggravating in robbery with ungratefulness.
violence against or intimidation of persons
because this class of robbery can be committed NOTE:
without the necessity of trespassing of the The ungratefulness contemplated by par. 4 must be such
offended party's house. clear and manifest ingratitude on the part of the accused.
• In the crime of trespass to dwelling, it is inherent or
6. THE CRIME BE COMMITTED (PAR. 5)
included by law in defining the crime.
1. In the palace of the Chief Executive, or
• When the owner of the dwelling gave sufficient and
2. In his presence, or
immediate provocation.
3. Where public authorities are engaged in the
• The victim is not a dweller of the house. discharge of their duties, or
4. In a place dedicated to religious worship.
5. THE ACT BE COMMITTED WITH ABUSE OF
CONFIDENCE OR OBVIOUS UNGRATEFULNESS Basis: Greater perversity of the offender, as shown by the
(PAR. 4) place of the commission of the crime, which must be
respected.
Basis: Greater perversity of the offender, as shown by the
means and ways employed. NOTES:
Actual performance of duties is not necessary when crime
There are 2 aggravating circumstances present under is committed in the palace or in the presence of the Chief
par. 4, which must be independently appreciated if Executive.
present in the same case.
Requisites regarding Public Authorities:
Abuse of confidence requires a special confidential 1. Crime occurred in the public office; and
relationship between the offender and the victim, while 2. Public authorities are actually performing their public
this is not required for there to be obvious ungratefulness. duties.
THREE (3) REQUISITES OF ABUSE OF CONFIDENCE: Requisites regarding Place Dedicated to Religious
(TAF) Worship: (D2ED)
1. That the offended party had 'rusted the offender; 1. The crime occurred in a placeMedicated to the
2. That the offender abused such trust by committing a worship of God regardless of religion;
crime against the offended party; and 2. The offender must have jaecided to commit the crime
3. That the abuse of confidence_Eacilitated the when he entered the place of worship;
commission of the crime. 3. The place must be Exclusively dedicated to public
religious worship; private chapels are not included;
NOTES:
and
• The confidence between the offender and the 4. There must be intention to 2esecrate the place
offended party must be immediate and personal. dedicated to public religious worship.
o Abuse of confidence is inherent in
malversation, qualified theft, estafa by NOTES:
conversion or misappropriation, and
qualified seduction. • Except for the third which requires that official
functions are being performed at the time of
the commission of the crime, the other places
are aggravating per se even if no official duties
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or acts of religious worship are being 2. When especially sought for by the offender to insure
conducted there. the commission of the crime or for the purpose of
• Cemeteries ace not considered as place impunity; or
dedicated to worship. 3. When the offender took advantage
• Offender must have intention to commit a thereof for the purpose of impunity:
crime when he entered the place.
NIGHTTIME (obscuridad) is that period of darkness
PAR. 5: WHERE PAR. 2: beginning at the end of dusk and ending at dawn.
PUBLIC CONTEMPT • Commission of the crime must begin and be
OR accomplished in the nighttime.
AUTHORITIES INSULT TO • When the place of the crime is illuminated by light,
ARE ENGAGED IN pupuc nighttime is not aggravating.
THE DISCHARGE • Nighttime is not especially sought for when the
AUTHORITIE notion to commit the crime was conceived of
S OF-THEIR DUTIES shoniy before commission or when crime was
Public authorities are in t,he performance committed at night upon a casual encounter.
of their duties. • A bare statement that crime was committed at
night is insufficient. The information must allege
Place where public duty is perfOrmed that nighttime was sought for or taken advantage
of, or that it facilitated the crime.
In their office; and Outside of • Circumstance of nocturnity, although not specially
their office; sought for, shall aggravate criminal liability if it
and facilitated the commission of the offense -or the
Offended Party offender took advantage of the same to commit
May or may not be Pu_blic authority the crime.
the public should not be the
authority. offended party; General Rule: Nighttime is absorbed in treachery.
the crime is Exception: Where both the treacherous mode of attack
merely committed and nocturnity were deliberately de,cided upon in the
in his presence. same case, they can be considered separately if such
circumstances have different factual bases.
7. THE CRIME BE COMMITTED (PAR. 6): (NUB) UNINHABITED PLACE (despoblado) is one where there
are no houses at all, or a place at a considerable distance
ELEMENTS: from town, where the houses are scattered at a great
1. In the Nighttime, or distance ftom each other.
2. In an Uninhabited place, or • Solitude must be sought to better attain the criminal
3. By a band, whenever such circumstance may purpose — an easy and uninterrupted
facilitate the commission of the offense. accomplishment or insure concealment.
• What should be considered is whether in the place
Basis: Time and place of the commission of the crime of the commission of the offense, there was a
and means and ways employed. reasonable possibility of the victim receiving some
help.
When these 3 circumstances are ,present in the same BAND (en cuadrilla) refers to a situation where there are
case and their elements can subsist independently, they more than 3 armed malefactors that shall have acted
shall be considered separately. It is not applicable when together in the commission of an offense.
the mitigating circumstance of passion or obfuscation or • There must be 4 or more armed men.
sufficient provocation is present in the commission of the • The armed persons contemplated must all be
crime. principals by direct participation who acted
together in the execution of the acts
When Nighttime, Uninhabited place or Band is constituting the crime; in this case, conspiracy
aggravating: is presumed.
1. When it facilitated the commission of the crime; or • If one of the four-armed malefactors is a
principal by inducement, they do not form a
band because he had no direct participation.
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• By a band" is aggravating in crimes against crime was committed does not constitute an aggravating
property or against persons or in the crime of circumstance when it appears that the accused did not
illegal detention or treason but does not apply avail of their aid or rely upon them to commit the crime.
to crimes against chastity. (Reyes, Book II
citing People v Corpus, C.A. 43 0.G. 2249) NOTES:
• This is inherent in brigandage. • This aggravating circumstance requires that the
• This is absorbed in the circumstance of abuse armed men are accomplices who take part in a
of superior strength and use of firearms, minor capacity directly or indirectly, and not when
EXCEPT when the firearm has no license or they were merely present at the crime scene.
there is a lack of license to carry the firearm. • If there are four armed men, aid of armed men is
• When the armed men met up casually with absorbed in employment of a band. If there are
others, and a crime was thereafter committed, three armed men or less, aid of armed men may
it cannot be considered as an aggravating be the aggravating circumstance.
circumstance. • It shall not be considered when both the attacking
party and the party attacked were equally armed.
8. THE CRIME BE COMMITTED ON THE OCCASION • It is not present when the accused as well as
OF A CONFLAGRATION, SHIPWRECK, those who cooperated with him in the
EARTHQUAKE, EPIDEMIC OR OTHER CALAMITY OR commission of the crime acted under the
MISFORTUNE (PAR. 7). same plan and for the same purpose.
• Mere moral or psychological aid or reliance is
Basis: Time of the commission of the crime. sufficient to constitute this aggravating
circumstance.
Reason for the aggravation: Debased form of criminality
met in one who, in the midst of a great calamity, instead COMPARE BY A BAND V. WITH THE AID
of lending aid to the afflicted, adds to their suffering by OF ARMED MEN
taking advantage of their misfortune to despoil them.
PAR. 6: BY A PAR. 8: WITH
THE BAND AID OF ARMED
REQUISITES:
MEN
1. The crime was committed when there was a calamity As to
or misfortune similar to conflagration, shipwreck, Number
earthquake or epidemic; and
2. The offender took advantage of the state of Requires more At least two;
confusion or chaotic condition from such misfortune. than three
armed
NOTES: malefactors;
• This will not apply if the offender was provoked by As to Action
the offended party during the calamity/misfortune. More than three Present even if
• The offender must take advantage of the calamity armed one of the
or misfortune. malefactors shall offenders merely
have acted relied on their aid;
8. THE CRIME BE COMMITTED WITH THE AID OF together in the actual aid is not
(PAR. 8): commission of an necessary; and
1. Armed men, or offense; and
2. Persons who insure or afford impunity. As to
Liability
Basis: Means and ways of committing the crime. Band members Armed men are
are all mere
REQUISITES: principals. accomplices.
3. That armed men or persons took part in the
commission of the crime, directly or indirectly; and 10. THE ACCUSED IS A RECIDIVIST (PAR. 9)
1. That the accused availed himself of their aid or relied
upon them when the crime was committed. Basis: Greater perversity of the offender, as shown by his
inclination to crimes.
Rule for the application of the circumstance: The
casual presence of armed men near the place where the
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,
A RECIDIVIST is one who at the time of his trial for one • To prove recidivism, it is necessary to allege the
crime, shall have been previously convicted by final same in the information and to attach thereto a
judgment of another crime embraced in the same title of certified copy of the sentence, rendered against the
the RPC. accused.
• Recidivism must be taken into account no matter
A recidivist is entitled to the benefits of the Indeterminate how many years have intervened between the first
Sentence Law but is disqualified from availing credit of his and/second felonies.
preventive imprisonment.
11. THE OFFENDER HAS BEEN PREVIOUSLY
FOUR (4) REQUISITES: (TPSC) PUNISHED: (PAR. 10)
1. That the offender is on Irial for an offense;
1. For an offense to which the law
2. That he was Ereviously convicted hy final judgment attaches an equal or greater penalty or
of another crimp; 2. For two or more crimes to which it
3. That both the first and the second offenses are attaches a lighter penalty,
embraced in the Aame title of the Code; and
4. That the offender is,gonvicted of the new offense. Basis: Greater perversity of the offender as shown by his
inclination to crimes.
"At the time of his trial for one-crime"
• It is employed in its general sense, including the REQUISITES OF REITERACION OR HABITUALITY:
rendering of the judgment. it is meant to include 1 That the accused is on trial for an offense;
everything that is done in the course of the trial, 2. That he previously served sentence for another
from arraignment until after sentence is offense to which the law attaches an
announced by the judge in open court. a. Equal; or
• It is sufficient that the succeeding offense be b. Greater penalty; or
committed after the commission of the preceding C. For two or more crimes to which it attaches
offense provided that at the time of his trial for the a lighter penalty than that for the new
second offense, the accus.ed had already been offense; and
convicted of the first offense, 3. That he is convicted of the new offense.
• Amnesty extinguishes the penalty and its effects.
NOTES:
• Pardon does not obliterate the fact that the
accused is a recidivist. Thus, even if the accused • Quasi-recidivism cannot at the same time
was granted a pardon for the first offense but he constitute reiteracion since the former exists
commits another felony embraced in the same title before accused begins to serve sentence or while
of the Code, the first conviction, is still counted to serving the same while the latter exists after
make him a recidivist accused has duly served sentence, hence this
aggravating circumstance cannot apply to a quasi-
• Being an ordinary aggravating circumstance,
recidivist.
recidivism affects only the periods of a penalty,
• If the same set of facts constitutes recidivism and
EXCEPT in prostitution (Art. 202) and gambling
(PD 1602) wherein recidivism increases the reiteracion, the liability of the accused should be
penalties by degrees. No other generic aggravated by recidivism, which can easily be
aggravating circumstance produces this effect. proven.
• If both offenses were committed on the same date, • The court must exercise its discretion in applying
they shall be considered as only one, hence, they this aggravating circumstance against the
cannot be separately counted in order to constitute accused.
recidivism. Judgments of conviction handed down
on, the same day shall be considered as only one FORMS OF REPETITION
conviction. RECIDIVISM Generic
o Ratiopple: Because the RPC requires aggravating
that to be considered as separate circumstanc
convictions, at the time of his trial for one e
crime the accused shall have been (Par. 9, Art. 1,4)
previously convicted by final judgment of
the other.
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REITEFRACION Generic 1. Inundation;

OR aggravating 2. Fire;
HABITUALITY circumstanc 3. Poison;
e 4. Explosion;
(Par .10, 5. Stranding of avessel or intentional
Art.14) damage thereto;
MULTI-RECIDIVISM Extraordinary 6. Derailment of a locomotive; and
OR HABITUAL aggravating
7. By the use of any other artifice involving
DELINQUENCY circumstance
great waste and ruin.
(Par.5, Art. 62)
Basis: Means and ways employed.
QUASI-RECIDIVISM Special
aggravating NOTES:
circumstanc • The circumstances under this paragraph will only
e be considered as aggravating when they are used
(Art. 160) by the offender as a means to accomplish a
criminal purpose.
• When another aggravating circumstance
12. THE CRIME BE COMMITTED IN CONSIDERATION
already qualifies the crime, any of these
OF A PRICE, REWARD OR PROMISE (PAR. 11)
aggravating circumstances shall be considered as
Basis: Greater perversity of the offender, as shown by the generic aggravating circumstance only.
motivating power itself. • Inundation refers to use of water or causing the
water to flood in the commission of the offense.
REQUISITES: • When there is no actual design to kill a person in
1. There are at least two principals: burning a house, it is plain arson even if a person
(a) The principal by inducement (one who offers); is killed. Had there been an intent to kill, the crime
and committed is murder, qualified by the circumstance
(12) The principal by direct participation (accepts); that the crime was committed by means of fire.
2. The price, reward, or promise should be previous to • Fire, explosion, and derailment of locomotive may
and in consideration of the commission of the be part of the definition of a particular crime such
criminal act. as arson, crime involving destruction, and
damages and obstruction to means of
NOTES: communication; in these cases, they do not serve
• The circumstance is applicable to both principals. to increase the penalty.
It affects the person who received the price /
reward as well as the person who gave it as a COMPARE BY MEANS OF INUNDATION, FIRE, ETC
qualifying circumstance, if applicable (e.g. V. ON OCCASION OF CONFLAGRATION,
murder). SHIPWRECK
• If without previous promise, it was given voluntarily
after the crime had been committed as an PAR. 12: BY PAR. 7: ON THE
MEANS OF OCCASION OF A
expression of his appreciation for the sympathy
INUNDATION, CONFLAGRATION,
and aid shown by the other accused, it should not FIRE, ETC. SHIPWRECK, ETC.
be taken into consideration for the purpose of
increasing the penalty. The crime is The crime is
• The price, reward or promise need not consist of committed by committed on the
material things or need not be actually delivered, it means of any such occasion of a
being sufficient that the offer made be accepted acts involving great calamity or
before the commission of the offense. waste or ruin. misfortune.
• The inducement must be the primary
consideration for the commission of the crime.
RULES AS TO THE USE OF FIRE:
12. THE CRIME BE COMMITTED BY MEANS OF: (PAR.
12)
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ACT OF THE CRIME the time when the crime was conceived by him and
ACCUSED COMMITTED the time it was actually perpetrated.
• Premeditation is absorbed by reward or promise
Intent was only to Simple arson with a
burn house but specific penalty (Art. only insofar as the inducer is concerned, but not
somebody dies 326) the person induced since one can be a principal by
direct participation without the benefit of due
If fire was used as a Murder reflection.
means to kill • When the victim is different from that intended,
premeditation is not aggravating. However, if the
If fire was used to Separate crimes of offender premeditated on the killing of any person,
conceal the killing arson and it is proper to consider against the offender the
murder/homicide aggravating circumstance of premeditation,
because whoever is killed by him is contemplated
13. THE ACT BE COMMITTED WITH EVIDENT in his premeditation.
PREMEDITATION (PAR. 13) • Evident premeditation, while inherent in robbery,
may be aggravating in robbery with homicide if the
Basis: It has reference to the ways of committing the ,pi;emeditation included the killing of the victim.
crime, because evident premeditation implies a
deliberate planning of the, act before executing it. Effect of conspiracy on Evident Premeditation:
Conspiracy Presupposes Premeditation
REQUISITES:
The prosecution must prove- ,Gener4I Rule: Where conspiracy is directly
3. The time when the offender determined to commit established, with proof of the attendant deliberation and
the crime selection-of the method, time and means of executing the
• Mere threat not of? direct and specific crime, the existence of evident premeditation can be
character shows accused was undetermined; taken for granted.
4. An act manifestly indicating that the culprit has Exception: When conspiracy is only implied, evident
clung to his determination; and premeditation may not be appreciated, in the absence of
proof as to how and when the plan to kill the victim was
• The premeditation must be based upon
hatched or what time had elapsed before it was carried
external acts and not presumed from mere
out.
lapse of time;
5. A sufficient lapse of time,between the
determination and execution, to allow him to reflect Evident Premeditation not Aggravating When:
upon the consequences of his act and to allow his
conscience to overcome the resolution of his will. General Rule: Evident premeditation may not be taken
• The offender must have an opportunity to into account when the person whom the defendant
coolly and serenely think and deliberate on the proposed to kill was different from the one who became
meaning and the consequences of what he- his victim (error in personae).
planned to do, an interval long enough for his Exception: There was a general plan to kill anyone to
conscience and better judgment to overcome commit the crime premeditated.
his evil desire and scheme.
15. CRAFT, FRAUD, OR DISGUISE BE EMPLOYED
Essence of Premeditation: (PAR. 14)
The execution of the criminal act must be preceded by
cool thought and reflection upon the resolution to carry out Basis: Means employed in the commission of the crime.
the criminal intent during the space of time sufficient to
arrive at a calm judgment. (People v. Durante, 53 Phil. Application of Par. 14:
363, 1929). Craft (astucia): Involves intellectual trickery or cunning
on the part of the accused; A chicanery resorted to by the
NOTES: accusedlo aid in the execution of his criminal design. It is
• There must be evidence showing that the accused employed as a scheme in the execution of the crime.
meditated and reflected on his intention between
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Not aggravating: defense.

1. Where the unlawful scheme could have been carried
out just the same even without the pretense. (People Basis: Means employed in the commission of the crime.
v. Aspili, G.R. Nos. 89418-19, 1990)
2. Graft partakes of an element of the offense. NOTES:
• Par. 15 contemplates two aggravating
Fraud (fraude): Insidious words or machinations used to circumstances, either of which qualifies a killing to
induce the victim to act in a manner which would enable murder. (Art. 248)
the offender to carry out his design. • To take advantage of superior strength means to
deliberately use excessive force that is out of
COMPARE FRAUD V. CRAFT proportion to the means for self- defense available
to the person attacked. (People v. Lobrigas, G.R.
FRAUD CRAFT No. 147649, 2002)
• For abuse of superior strength, the test is the
There is a direct The act of the
relative strength of the offender and the victim,
inducement by accused done in
whether or not he took advantage of his greater
insidious words or order not to arouse
strength.
machinations the suspicion of the
victim
Superior strength not taken advantage of:
• When one attacks another with passion and
Disguise (disfraz): Resorting to any device to conceal obfuscation;
identity • When a quarrel arose unexpectedly arid the fatal
• The fact that the mask subsequently fell down thus blow was struck at a time when the aggressor and
paving the way for this one's identification does not his victim were engaged against each other as
render the aggravating circumstance of disguise man to man; and
inapplicable. (People v. Cabato, G.R. No. L-37400, • When attack on victim was made alternately.
1988)
• The purpose of the offender in using any device NOTES:
must be to conceal his identity. • There must be evidence that the accused were
• The test of disguise is whether the device or physically stronger and that they abused such
contrivance resorted to by the offender was superiority.
intended to or did make identification more difficult, • The aggravating circumstance depends on the
such as the use of a mask or false hair or beard. age, size and strength of the parties — that there
be notorious inequality of forces.
NOTES: • Number of aggressors, if armed, may point to
• Craft and fraud may be absorbed in treachery if abuse of superior strength.
they have been deliberately adopted as the • There is abuse of superior strength when weapon
means, methods or forms for the treacherous used is out of proportion to the defense available
strategy, or they may co-exist independently to the offended party.
where they are adopted for different purposes in • When there are several offenders participating in
the commission of the crime. the crime, they must all be principals by direct
• Where the accused pretended to hire the driver in participation and their attack against the victim
order to get his vehicle, it was held that there was must be concerted and intended to be so.
craft directed to the theft of the vehicle, separate • Abuse of superior strength is inherent in the crime
from the means subsequently used to of parricide where the husband kills the wife. It is
treacherously kill the defenseless driver. (People generally accepted that the husband is physically
v. San Pedro, G.R. No. L-44274, 1980). stronger than the wife.
• Superior strength is absorbed and inherent in
16. ABUSE OF SUPERIOR STRENGTH (PAR. 15), treachery. (People v Mob°, 81 Phil. 58)
THAT: • Superior strength absorbs cuadrilla (band),
1. Advantage be taken of superior strength,
or COMPARE AGGRAVATING CIRCUMSTANCES OF
2. Means be employed to weaken the SUPERIOR STRENGTH V. 'COMMITTED BY A BAND'
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Rules rpwding Treachery:

BY A BAND SUPERIOR 1. Applicable only to crimes against persons;
STRENGTH 2. Means, methods or forms need not insure
r!nrrimittPri by rn,r.,ro accomplishment of crime but only its execution; and
Takitig dvantage
3. The mode of attack must be consciously adopted.
than three armed by the culprits of
malefactors their collective NOTES:
regardless of the strength to
• The characteristic and unmistakable manifestation
comparative overpower their
of treachery is the deliberate, sudden and
strength of the relatively weaker
unexpected attack of the victim without any
victim or victims, victim or victims.
xvarning and without giving him an opportunity to
defend himself or repel the initial assault. All three
The offender employs means that materially weaken must concur; otherwise, there can be no treachery.
the resisting power of the offended party. z As can be gleaned from jurisprudence, the
suddenness and unexpectedness of the
Examples: attack refers to the manner by which it is executed
1. Where one, struggling with another, suddenly throws and not to the formulation (which must be
a cloak over the head of his opponent then he deliberate or thought of by the offender) of the
wounds or kills him. manner of execution. (People V. Cadag, G.R. No.
2. When the offender, who had the intention to kill the L-13830, 1961)
victim, made the deceased intoxicated, thereby • However, People v. Ramolete considered
materially weakening the latter's resisting power. treachery as aggravating even if the accused shot
the victim on his back without deliberation because
NOTE: the latter was trying to escape through the window.
This circumstance is applicable only to crimes against • Treachery is appreciated even if the crime against
persons, and sometimes against person and property, the person is complexed with another felony
such as robbery with physical injuries or homicide. involving a different classification in the Code.
Thus, in the special complex crime of robbery with
17. THE ACT BE COMMITTED WITH TREACHERY homicide, treachery can be appreciated insofar as
(ALEVOSIA) (PAR. 16) the killing is concerned.
• Treachery may exist even if the attack is face to
Basis: Means and ways employed in the commission
face, where it appears that the attack was not
of the crime.
preceded by a dispute and the offended party was
unable to prepare himself for his defense.
There is treachery when the offender commits any of the
• Attack from behind is not always treachery — it
crimes against the person, employing means, methods or
must appear that such mode of attack was
forms in the execution thereof which tend directly and
consciously adopted and the question of risk to
specially to insure its execution without risk to himself
offender be taken into account.
arising from the defense which the offended party might
• General rule: Treachery must be proved by clear
make. Treachery means that the offended party was not
and convincing evidence and cannot be
given opportunity to make a defense.
presumed.
REQUISITES: • Exception: Treachery applies in the killing of a
1. At the time of the attack, the vioti,m was not in a child even if the manner of attack is not shown.
position to defend himself; and • The mode of attack must be consciously adopted.
2. The offender consciously adopted the particular o The accused must make,some preparation
means, method or form of attack employed by him. to kill the deceased in such a manner as to
insure the execution of the crime or to make
NOTE: it impossible or hard for the person attacked
It is not only the relative position of the parties but also to defend himself or retaliate.
whether or not the victim was forewarned or afforded the o The mode of attack must be thought of by
opportunity to make a defense or to ward off the attack. the offender, and must not spring from
unexpected turn of events.
ATENEO CENTRAL
BAR OPERATION$ 2019 CRIMINAL LAW
When must Treachery be Present: TREACHER ABUSE OF MEANS

• When the aggression is continuous, treachery SUPERIOR EMPLOYE
must be present in the beginning of the assault. STRENGT D TO
WEAKEN
o Example: Even if the deceased was shot
THE
while he was lying wounded on the ground,
DEFENSE
it appearing that the firing of the shot was a
mere continuation of the assault in which
Means, Offender Means are
the deceased was wounded, with no
methods or only takes employed
appreciable time intervening between the
forms are advantage but it only
delivery of the blows and the firing of the
employed by of his materially
shot, it cannot be said that the crime was
the offender superior weakens
attended by treachery.
to make it strength the resisting
• When the assault was not continuous, in that
impossible or and does power of
there was interruption, it is sufficient that treachery
hard for the not employ the
was present at the moment the fatal blow was
offended means, offended
given.
party to put methods or party
o Example: Hence, if there was a break in the
any sort of forms of
continuity of the aggression and at the time
resistance attack.
of the fatal wound was inflicted on the
deceased he was defenseless, the
circumstance of treachery must be taken 18. MEANS BE EMPLOYED OR CIRCUMSTANCES
into account. BROUGHT ABOUT WHICH ADD IGNOMINY TO THE
NATURAL EFFECTS OF THE ACT (PAR. 17)
Treachery should be considered even if:
• The victim was not predetermined but there was a Basis: Means employed
generic intent to treacherously kill any first two
persons belonging to a class. (The same rule Ignominy is a circumstance pertaining to the moral order,
obtains for evident premeditation). which adds disgrace and obloquy to the material injury
• There was aberratio ictus and the bullet hit a caused by the crime.
person different from that intended. (The rule is
different in evident premeditation). NOTES:
• There was error in personae, hence the victim • It is applicable to crimes against chastity, less
was not the one intended by the accused. (A serious physical injuries, light or grave coercion,
different rule is applied in evident premeditation). and murder.
• Reason: It is nonetheless impossible for either the • It is inherent in libel and acts of lasciviousness.
intended victim or the actual victim to defend
himself against the aggression. Meaning of "which add ignominy to the natural
effects of the act":
Treachery absorbs: (ACE CAN) • The means employed or the circumstances
1. Abuse of superior strength; brought about must tend to make the effects of the
2. craft; crime more humiliating or to put the offended
3. Employing means to weaken the defense; party to shame.
4. Quadrille ("band"); • Injured party must not be dead when the act
5. Aid of armed men; and causing ignominy was inflicted to him because the
6. Nighttime. act must add to the injured party's moral suffering.
Treachery cannot co-exist with passion or obfuscation. COMPARE IGNOMINY V. CRUELTY
COMPARE TREACHERY V. ABUSE OF SUPERIOR IGNOMINY (par. CRUELTY (par.

STRENGTH V. MEANS EMPLOYED TO WEAKEN THE 17) 21)
DEFENSE
Involves moral Refers to physical
suffering suffering
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Where Breaking of Door or Window is Lawful:

19. CRIME BE COMMITTED AFTER AN UNLAWFUL 1. An officer, in order to make an arrest, may break
ENTRY (PAR. 18) open a door or window of any building in which the
person to be arrested is or is reasonably believed to
Basis: Means and ways employed to commit the crime. be (Sec. 11, Rule 113, of Rules of Court); and
2. An officer, if refused admittance, may break open
There is unlawful entry when an entrance (not escape) any door or window to execute the search warrant or
is effected by a way not intended for the purpose. liberate himself. (Sec. 7, Rule 126 of ROC).
One who acts, not respecting the walls erected by men to THE CRIME BE COMMITTED: (PAR. 20)
guard their property and provide for their personal safety, 1. With the aid of persons under 15 years of
shows a greater pervarsi,ty, a greater audacity, hence, the age, or
law punishes, him with more severity. 2. By means of motor vehicles, airships, or
other similar means.
NOTES;
• Dwelling and unlawful entry taken separately Basis: Means and ways employed to commit the crime.
as aggravating circumstances in murders
committed in a dwelling. Two different circumstances grouped in this
• May be considered as aggravating in robbery with paragraph:
violence against or intimidation of persons. 1. With-the aid of persons under fifteen years of age
• Not aggravating in trespass to dwelling as • Intends to repress the frequent practice resorted
unlawful entry is inherent-therein. to by professional criminals to avail themselves of
minors taking advantage of their irresponsibility.
20. AS A MEANS TO THE COMMISSION OF A CRIME,
A WALL, ROOF, FLOOR, DOOR, OR WINDOW BE 2. By means of motor vehicles, airships, or other
BROKEN (PAR. 19) similar means
Basis: Means and ways employed to commit the crime. • Intended to counteract the great facilities found by
modern criminals in said means to commit crime
NOTES: and flee and abscond once the same is
• Applicable- only if such acts were done by the committed.
offender to effect entrance. • Use of motor vehicle is aggravating where the
• It is not necessary that the offender should have accused purposely and deliberately used the
entered the building. What aggravates the liability motor vehicle in going to the place of the crime, in
is the breaking of a part of the building as a carrying away the effects thereof, and in
means of committing the crime. facilitating their escape.
• Other similar means refers to motorized
COMPARE BREAKING AS MEANS TO COMMISSION vehicles or other efficient means of transportation
OF THE CRIME V. AFTER AN UNLAWFUL ENTRY similar to automobile or airplane.
• Not aggravating: used only to facilitate the
BREAKING AS AFTER AN escape or use was merely incidental and not
MEANS TO UNLAWFUL purposely sought to facilitate the commission of
COMMISSION OF ENTRY, PAR. 18
THE CRIME, PAR. the offense
19
Involves the breaking Presupposes that

(rompirniento) of the there is no such
enumerated parts of breaking as by
the house. entry through the
window.
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22. THE WRONG DONE IN THE COMMISSION OF THE • When a person commits any crime under the
CRIME BE DELIBERATELY AUGMENTED BY Revised Penal Code or Special Laws with the use
CAUSING OTHER WRONG NOT NECESSARY FOR of explosives including but not limited to pillbox,
ITS COMMISSION (PAR. 21) molotov cocktail bombs, detonation agents or
incendiary devises resulting in the death of a
Basis: Ways employed to commit the crime. person, the same is aggravating. (Sec. 3)
There is cruelty when the culprit enjoys and delights in COMPREHENSIVE DANGEROUS DRUGS ACT
making his victim suffer slowly and gradually, causing • When a crime is committed by an offender who is
unnecessary physical pain in the consummation of the under the influence of dangerous drugs, such state
criminal act. shall be considered as a qualifying aggravating
circumstances. (Sec. 25)
REQUISITES: • For drug pushers who use minors or mentally
1. The injury caused be deliberately increased by incapacitated individuals as runners, couriers and
causing other wrong; and messengers, or in any other capacity directly
2. The other wrong be unnecessary for the execution of connected to the dangerous drugs and/or
the purpose of the offender. controlled precursors and essential chemical
trade, the maximum penalty shall be imposed in
Cruelty is inherent in: every case. (Sec. 5)
1. Mutilation. • If the victim of the offense is a minor or a mentally
incapacitated individual, or should a dangerous
NOTES: drug and/or a controlled precursor and essential
• The wounds found on the body of the victim must chemical involved in any offense herein provided
be inflicted while he was still alive in order be the proximate cause of death of a victim
unnecessarily to prolong physical suffering. thereof, the maximum penalty provided for under
• If the victim was already dead when the acts of this Section shall be imposed. (Sec. 5)
mutilation were being performed, this would also
qualify the killing to murder due to outraging of his Specific Aggravating Circumstances:
corpse. (Art. 248) 1. Violation of domicile: nighttime, papers or effects not
• Number of wounds alone does not show cruelty, it returned immediately;
being necessary to show that the accused 2. Interruption of religious worship: violence or threats;
deliberately and inhumanly increased the 3. Direct assault: weapon, offender is a public officer or
sufferings of the victims. employee, offender lays hands upon a person in
authority;
PAR. 17: PAR. 21: 4. Grave threats: in writing, through a middleman;
IGNOMINY CRUELTY 5. Robbery with violence against or intimidation of
persons: uninhabited place, band, EXCEPT robbery
Involves moral Refers to physical with homicide or robbery with rape; and
suffering suffering 6. Robbery with force upon things: uninhabited place
and by a band.
NOTE:
E. ALTERNATIVE CIRCUMSTANCES
• Unlike mitigating circumstances (par. 10, Art. 13),
there is NO provision for aggravating Alternative Circumstances are those that must be taken
circumstances of a similar or analogous character. into consideration as aggravating or mitigating according
to the nature and effects of the crime and the other
23. OTHER AGGRAVATING CIRCUMSTANCES
conditions attending its commission.
UNDER SPECIAL PENAL LAWS
Basis: Nature and effects of the crime and the other
Use of Unlicensed Firearms
conditions attending its commission.
• If homicide or murder is committed with the use of
an unlicensed firearm, such use of an unlicensed Alternative Circumstances:
firearm shall be considered as an aggravating 1. Relationship;
circumstance. (Sec. 1, par. 3)
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2. Intoxication and stepfather raped his stepdaughter, or in a

3. Degre&of instruction and education of the offender. case where a father rapes his own daughter.
1. RELATIONSHIP 2. Crimes against chastity

The alternative circumstance of retationship shall be
taken into consideration when the offended oart\L is the: In acts of lasciviousness, relationship is ?Ways
1. Spouse; aggravating, regardless of whether the offender is a
2. Ascendant; relative of a higher or lower degree of the offended
3. Qes,cendant; party.
4. Legitimate, natural, or adopted brother or sister;
or When the qualification given to the crime is derived
5. Retative by affinity, in the same degree, of the from the relationship between the offender and the
offender; offended party, it is neither mitigating nor aggravating,
6. Stepfather or stepmother and !stepson or becaLtse it is inseparable from and inherent in the
stepdaughter (People v. gersabal, offense.
7. G.R. No. 24532, December 11, 1925); and
8. Adoptive parent and adopted child. 2. INTOXICATION
When Relationship is Mitigating: Basis

1. Crimes against property, by a/10).w, to the a. As a mitigating circumstance, it finds its
provisions of Art. 332: reason in the fact that when a person is under
(a) Robbery, ust.irpation, fraudulent insolvency, and the influence of liquor, his exercise of will
arson; and power is impaired.
b. As an aggravating circumstance, because it
NOTE: Relationship is exemoting in theft, estafa, is ,inter4ional, the reason is that the offender
and malicious mischief. resorted to it in order to bolster his courage to
commit a crime.
2. Crimes against persons • The constant use of intoxicating liquor
lessens the individual resistance to evil
thoughts and undermines the willpower
When the offense committed is less serious physical
making himself a potential evildoer
injuries or slight physical injuries and the offended against whose activities, society has the
party is a relative of a lower degree. right for its own protection to impose a
more severe penalty.
When Relationship is Aggravating:
1. Crimes against persons COMPARE MITIGATING V. AGGRAVATING
a. It is aggravating where the
offended-party is a relative of MITIGATING AGGRAVATING
• A higher degree than the offender, or
• When the offender and the offended party If intoxication is not If intoxication is
are relatives of the same degree. habitual habitual
b. In physical injuries
If intoxication is not If it is intentional
• The crime against persons is serious subsequent to the (subsequent to the
physical injuries, even if the offended plan to commit a plan to commit a
party is a descendant of the offender. But felony felony)
the serious physical injuries must not be
inflicted by a pa-rent upon his child by
excessive chastisement.
• The offense committed is less serious
physical injuries or slight physical
injuries if the offended party is relative of
a higher degree of the offender.
c. When the crime is homicide or murder,
relationship is aggravating even if the victim of
the crime is a relative of a lower degree.
d. In rape, relationship is aggravating- where a
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A habitual drunkard is one given to intoxication by 4. Murder; and

excessive use of intoxicating drinks. 5. nape
Once intoxication is established by satisfactory evidence, F. ABSOLUTORY CAUSE

in the absence of proof to the contrary, it is presumed to
be non-habitual or unintentional. Absolutory Causes are those where the act committed
is a crime but for reasons of public policy and sentiment
To be entitled to the Mitigating Circumstance, it must there is no penalty imposed.
be shown that:
1. At the time of the commission of the criminal act, he Basis: A sound public policy requires that the courts shall
has taken such quantity of alcoholic drinks as to blur condemn this practice by directing the acquittal of the
his reason and deprive him of a certain degree of accused.
control; and
2. Such intoxication is not habitual, or subsequent to Circumstances are:
the plan to commit the felony. 1. Spontaneous desistance (Art. 6);
2. Accessories exempt from criminal liability (Art. 20);
NOTE: 3. Physical injuries inflicted under exceptional
• Intoxication must diminish the agent's capacity to circumstances (Art. 247);
know the injustice of his acts, and his will to act 4. Persons exempt from criminal liability from theft,
accordingly. swindling, malicious mischief (Art 332); and
• The quantity consumed prior to the commission of 5. Instigation
the crime must be sufficient to produce the effect
of obfuscating reason. (People v. Rebucan, G.R. ENTRAPMENT V INSTIGATION
No. 182551, July 27, 2011) ENTRAPMENT INSTIGATION
• To be considered as a mitigating circumstance, it •
The ways and means are Instigator practically
must be proven that the accused is not a habitual resorted to for the induces the would-be
drinker and did not take the alcohol in order to purpose of trapping and accused into the
reinforce his resolve to commit the crime. (People capturing the lawbreaker commission of the
v Ortega, G.R. No. 135846, June 28, 2001) in the execution of his offense and himself
criminal plan; becomes a co- principal;
3. DEGREE OF INSTRUCTION AND EDUCATION OF NOT a bar to
THE OFFENDER accused's Accused will be
prosecution and acquitted; and
conviction; and
It does not refer only to literacy but more to the level of
NOT an absolutory
intelligence of the accused. Absolutory cause
cause.
NOTES:
• Refers to the lack of sufficient intelligence and END OF TOPIC
knowledge of the full significance of one's acts.
• Low degree of instruction and education or lack of
it is generally mitigating.
• High degree of instruction and education is
aggravating when the offender avails himself of his
learning in committing the crime.
General Rule: Lack of sufficient education is mitigating.

Exceptions: (PCTMR)
1. Crimes against Property (e.g., arson, estafa, theft,
robbery);
2. Crimes against hastity;
3. Ireason: because love of country should be a
natural feeling of every citizen, however unlettered or
uncultured he may be;
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The passive subject of a crime is the person injured. The

IV. PERSONA CRIMINALLY
-- LIABLE/DEG
ABLE/DEGRREE
EE OF — holder of the injured right is the man, the juristic person,
PARTICIPATION the group, and the State.
A. PERSONS CRIMINALLY LIABLE FOR GRAVE AND corporations and partnerships can be passive subjects of
LESS GRAVE FELONIES. a crime.
Art. 16. Who are criminally liable. --The following are Corpses and animals cannot be passive subjects
criminally liable for 9rave and less grave felonies: because they have no rights that may be injured.
(PAA)
1. erincipals; Exception:
2- accomplices; and
3. Accessories Under Article 253, the crime of defamation may be
committed if the imputation tends to blacken the memory
B. PERSONS CRIMINALLY LIABLE FOR LIGHT of one who is dead.
FELONIES
1. The following are criminally liable for light It should be noted that Article 16 only applies when the
felonies: (PA) offenders are to be judged by their individual, and not
2. Erincipals; and collective liability.
3. Accomplices.
D. PRINCIPAL
C. PARTIES IN ALL CRIMES
Art. 17. Principals. — The following are considered
1. Active Subject principals: (DIC)
The active subject is the criminal. Only natural persons 1. Those who take a j2i rect part in the execution of
can be the active subjects of a crime because of the highly the act;
2. Those who directly force or Induce
personal nature of the criminal responsibility.
others to commit it;
3. Those who cooperate in the commission of the
Under the Revised Penal Code, persons act with personal offense by another act without which it would not have
malice or negligence; artificial persons cannot act with been accomplished.
malice or negligence.
1. By Direct Participation Requisites: (PC)
A juridical person like a corporation cannot commit a (a) They Participated in the criminal resolution; and
crime that requires willful purpose or malicious intent. (b) They Carried out their plan and personally took
Criminal actions are restricted or limited to the officials of part in its execution by acts, which directly
the corporation and never directed against the corporation tended to the same end.
itself, except under: (4) (SPEC) • When this element is lacking, there is only
conspiracy.
• aecurities Lew;
• eublic Service Law; In conspiracy by prior agreement, the principal by direct
• Election Code.; and participation who does not appear at the scene of the
• ,Qorporation Law. crime is not liable, because:
• Non-appearance is deemed desistance which is
There is substitution of deprivation of liberty for pecuniary favored and encouraged;
penalties in insolvency cases. • Conspiracy is generally not a crime unless the
law specifically provides a penalty and
As to the imposition of other penalties like destierro and • There is no basis for criminal liability because
imprisonment, these are imposed and executed on there is no criminal participation
individuals only and not for juridical persons. At best, he can be a principal by inducement.
2. Passive Subject 2. By Inducement Requisites: (IDN)

ATENEO CENTRAL
(a) That the inducement be made directly with the The inducement must precede the act induced and must
Intention of procuring the commission of the be so influential in producing the criminal act that without
crime; it, the act would not have been performed.
(b) That such inducement be the netermining
cause of the commission of the crime by the A thoughtless expression without intention to produce the
material executor; and result is not an inducement to commit a crime.
(c) Without such inducement the crime would Not
have been committed. If the crime committed is not contemplated in the order
given, the inducement is not material and not the
Ways of Becoming Principal by Induction: determining cause thereof.
1. By directly forcing another to commit a crime;
Compare Principal By Inducement And Offender
a) Using irresistible force; or Who Made Proposal To Commit A Felony
b) By causing uncontrollable fear;
c) In these cases, there is no conspiracy, not PRINCIPAL OFFENDER
even a unity of criminal purpose and BY WHO MADE
intention. Only the one using force or INDUCEMEN PROPOSAL TO
causing fear is criminally liable. T COMMIT A
FELONY
2. By directly inducing another to commit a crime;
There is an inducement to commit a crime
(a) By giving price, or offering reward or
Liabilit .
promise;
Y
• Both the one giving the price, offering reward, or Principal becomes Mere proposal to
promise and the one committing the crime in liable only when commit a felony
consideration thereof are principals; the crime is is punishable in
(b) By using words of command; committed by the treason or
• The inciting words must have great dominance principal by rebellion;
and influence over the person who acts where direct
it would be the moving cause for the offense; participation; and
The person to
• There is also collective criminal responsibility. whom the
proposal is made
Requisites: (IADP-PN) should not commit
the crime,
1. The one uttering the words of command must have otherwise, the
the Intention of procuring the commission of the proponent
crime; becomes a
2. The one who made the command must have principal by
Ascendancy or influence over the person who inducement;
acted; and
3. The words used must be so Qirect, so efficacious, Crime Involved
Involves any crime. Must involve only
so EOWerfUl as to amount to physical or moral
treason
coercion; or
4. The words of command must be uttered Erior to the rebellion
commission of the crime; and
5. The material executor of the crime has No personal
reason to commit the crime. Effects of acquittal of principal by direct participation
upon the liability of principal by inducement:
There must exist on the part of the inducer the most
positive resolution and the most persistent effort to secure • Conspiracy is negated by the acquittal of co-
the commission of the crime, together with the defendant.
presentation to the person induced of the very strongest • One cannot be held guilty of having instigated
kind of temptation to commit the crime. the commission of a crime without first being
ATENEO CENTRAL
shown that the crime has been actually There is collective criminal responsibility when the
committed by another. offenders are criminally liable in the same manner and to
• But, if-the one charged as principal by direct the same extent. The penalty to be imposed must be the
participation is acquitted, it does not same for all.
necessarily lead to the acquittal of the principal
by inducement. BY DIRECT BY BY
PARTICIPATIO INDUCEMEN INDESPESABL
3. By Indispensable Cqoperation Requisites: (PA) N T E
COOPERATION
1. Earticipation in the criminal resolution, that is, Takes pert in the 1. Directly Cooperates in
there is either anterior conspiracy or unity of execution of the forcing the commission
criminal purpose and intention immediately act constituting another to of the offense by
before the commission of the crime charged. the crime; commit a performing
This, in turn, requires the following: (PCCC) crime by: another act,
a) Participation in the criminal resolution; - using without which it
b) There must be conspiracy; irresistible would not have
c) Concurrence is sufficient; and force; been
d) Cooperation is indispensable; - causing accomplished;
uncontrollable and
9. Cooperation in the commission of the offense by fear;
performing Another act, without which it would not 2. Directly
have been accomplished. It should be noted that: inducing
(CDN) another to
commit a
a) Cooperation must be indispensable;
crime by:
b) If participation is aispensable, accused is only
- giving price,
an accomplice, not a principal; and or offering
c) If cooperation is Necessary in the execution of reward or
the offense, accused is considered as a promise;
principal by direct participation. - using words
of command;
To cooperate means to desire or wish in common a COLLECTIVE CRIMINAL RESPONSIBILITY
thing. But that common will or purpose does not If there is no Principal, Principal has
necessarily mean previous understanding, for it can be conspiracy, then EXCEPT criminal
explained or inferred from the circumstances of each each offender is that who collective
case. (People v. Aplegido, G.R. No. L-163, April 27, only liable for the directly forced responsibility
1946). acts performed another to with the principal
by him; and commit a by direct
There can be no principal by inducement or principal by crime, and participation
cooperation unless there is a principal by direct Principals have principal by
participation. However, there may be a principal by direct collective direct
participation despite the absence of the former. criminal participation;
responsibility.
1. In case of
INDIVIDUAL CRIMINAL RESPONSIBILITY
inducement by
forcing
In the absence of conspiracy, unity of criminal purpose another to
and intention immediately before the -commission of the commit a
crime, or community of criminal esign, the criminal crime, either
responsibility arising from different acts directed against through (a)
one and the same person is individual and not holler:five, irresistible
and each of the Participants is liable only for acts force or (b)
committed by him. (U.S. v. Magcomot, G.R. No. L- uncontrollable
18289, November 17, 1922). fear:
COLLECTIVE CRIMINAL RESPONSIBILITY The inducer is

liable as the
principal while
ATENECI CENTRAL
3AR OPERATIONS 2019 CRIMINAL LAW
the material
executor is not (a) The cooperation of the accomplice is only
liable due to necessary, not indispensable;
Art. 12 pars. 5 (b) The cooperation is not due to a conspiracy;
and 6. (c) The wounds inflicted by an accomplice in crimes
against persons should not have caused the
2. In case of
death of the victim; and
inducing
another to (d) Being present and giving moral support when a
commit a crime is being committed where it may be
crime by either through advice, encouragement or agreement;
(a) giving price and
or offering
reward or 3. There should be a Relation between the acts done
promise or (b) by the principal and those attributed to the person
through use of charged as accomplice.
words or
command: Quasi-Collective Responsibility
Some of the offenders in the crime are principals and the
There is
collective others as accomplices.
criminal
responsibility. Compare Accomplice v. Principal in General
E. ACCOMPLICE ACCOMPLICE PRINCIPAL
Participation
Art. 18. Accomplices. — Accomplices are those
persons who, not being included in Art. 17, cooperate Does not take direct Either takes direct
in the execution of the offense by previous or part in the part in the
simultaneous acts. commission of the commission of the
act, does not force act, induces or
Requisites: (KPR) or induce others to forces another to
1. There be community of design; that is JSnowing the commit it, or does commit it, or
criminal design of the principal by direct not cooperate in the cooperates in the
participation, he concurs with the latter in his commission of the commission of the
purpose. The following should be noted: crime by another crime by another
act, without which it act, without which it
(a) Knowledge of the criminal design of the principal would not have would not have
can be acquired by the accomplice when: been accomplished, been
1. The principal informs or tells the accomplice yet cooperates in accomplished; and
of the former's criminal design; and the execution of the
2. The accomplice saw the criminal acts of the act by previous or
principal; simultaneous
(b) The community of design need not be to commit means, and
the crime actually committed. It is sufficient if
there was a common purpose to commit a Knowledge
particular crime and that the crime actually
Has knowledge of Has knowledge of
committed was a natural or probable
the criminal design the criminal design
consequence of the intended crime;
of the principal and and
merely concurs with carries/executes it
2. He cooperates in the execution of the offense by
the criminal purpose
Erevious or simultaneous acts, with the intention
of supplying material or moral aid in the execution of
the crime in an efficacious way. The following should Accomplice v. Principal By Indispensable
be noted: Cooperation
ATENEO CENTRAL
PRINCIPAL BY Compare Accomplice V.-Principal By Direct

ACCOMPLICE INDISPENSABLE Participation
COOPERATION
Necessity of participation PRINCIPAL BY
ACCOMPLICE DIRECT
Participation is not -
Participation is PARTICIPATION
indispensable (it is
indispensable; and Community of
dispensable). criminal design,
Degree of participation however such
community need
Cooperates in the Participates in the
not be to commit
execution of the criminal resolution, in the crime actually
offense by such a way that there committe0;
previous or is either anterior sufficient that there
simultaneous acts, conspiracy or unity of was a common Community of
with the intention criminal purpose and purpose to commit criminal design
of supplying intention immediately a particular crime
material or moral before the and that the crime
aid in the commission of the actually committed
execution of the crime charged was.a natural or
crime in an probable
consequence of
efficacious way the intended crime
No clear,cut distinction between the acts of
Accomplice v. Principal By Direct Participation the accomplice and those of the principal
by direct participation; and
• There is community ofcriminal design.
Between principals Between,principals
• In case of doubt, it shall be resolved in favor of liable for the same and accomplices,
lesser responsibility, that is, that of mere offense, there must there is no
accomplice. be conspiracy. conspiracy.
• Between the principals and the accomplices,
there is no conspiracy.
COMPARE ACCOMPLICE V. CONSPIRATOR F. ACCESSORY
ACCOMPLICE CONSPIRATOR Art. 19. Accessories. — Accessories are those who,

They know and agree with the criminal having knowledge of the commission of the crime,
design and without having participated therein, either as
principals or accomplices, take part subsequent to its
They come to know commission in any of the following manners: (3) P-
about it after the They come to know
the criminal intention C/D-E
principals have
reached the decision, bpeuse they
and only then do they themselves have 1. By profiting themselves or assisting the
agree to cooperate in decided upon such offender to profit by the effects of the crime;
its execution; and course of action; and 2. By concealing or destroying the body of the
crime, or the effects or instruments thereof, in
They are merely order to prevent its discovery;
instruments who 3. py harboring, concealing, or assisting in the
perform acts not They are the escape of the principals of the crime, provided
essential to the authors of a crime. the accessory acts with abuse of his public
perpetration of the functions or whenever the author of the crime
offense. is guilty of treason, parricide, murder, or an
attempt to take the life of the Chief Executive,
ATENEO CENTRAL
or is known to be habitually guilty of some • Body of the crime is the corpus delicti, that
other crime. someone in fact committed a specific offense;
• There must be an attempt to hide the body of the
NOTES: crime;
An accessory does not participate in the criminal design,
• The stolen property is the effect of the crime. The
nor cooperate in the commission of the felony, but, with
pistol or knife is the instrument of the crime;
knowledge of the commission of the crime, he
subsequently takes part in three ways: 4. BY HARBORING, CONCEALING, OR ASSISTING
IN THE ESCAPE OF THE PRINCIPALS OF THE
1. Profiting from the effects of the crime;
CRIME, PROVIDED THE ACCESSORY ACTS
2. Concealing the body, effects or instruments of the
WITH ABUSE OF HIS PUBLIC FUNCTIONS OR
crime in order to prevent its discovery; and
WHENEVER THE AUTHOR OF THE CRIME IS
3. Assisting in the escape or concealment of the GUILTY OF TREASON, PARRICIDE, MURDER, OR
principal of the crime, provided he acts with abuse of
AN ATTEMPT TO TAKE THE LIFE OF THE CHIEF
his public functions or the principal is guilty of EXECUTIVE, OR IS KNOWN TO BE HABITUALLY
treason, parricide, murder, or an attempt to take the
GUILTY OF SOME OTHER CRIME.
life of the Chief Executive, or is known to be
habitually guilty of some other crime. CLASSES OF ACCESSORIES CONTEMPLATED IN
PART. 3:
• An accessory must have knowledge of the
commission of the crime, and having that knowledge, 1. Public officers, who harbor, conceal or assist in the
he took part subsequent to its commission. escape of the principal of any crime (not light felony)
• The crime committed by the principal must be proved with abuse of his public functions; and
beyond reasonable doubt.
Requisites: (PHAE)
SPECIFIC ACTS OF ACCESSORIES: 1. The accessory is a Eublic officer;
2. He Harbors, conceals, or assists
1. BY PROFITING THEMSELVES OR ASSISTING in the escape of the principal;
THE OFFENDER TO PROFIT BY THE EFFECTS 3. He acts with Abuse of his public
OF THE CRIME; function; and
4. The crime committed by the principals is
• The crime committed by the principal under this any crime, except a light felony; and
paragraph may be any crime, provided it is not a light
felony; 2. Private persons, who harbor, conceal or assist in
• Profiting themselves by the effects of the crime: the escape of the author of the crime — guilty of
treason, parricide, murder, or an attempt against the
(a) The accessory should not take the property
without the consent of the principal; life of the President, or who is known to be habitually
guilty of some other crime.
(b) When a person knowingly acquired or received
property taken by the brigands, the crime is
Requisites: (PHP-TPMPH)
punished as the act of the principal, not the act of
1. The accessory is a Erivate person;
the accessory;
2. He Harbors, conceals or assists in the escape of
• Assisting the offender to profit by the effects of the the author of the crime;
crime; 3. The crime committed by the Erincipal is either:
(a) 'reason;
2. BY CONCEALING OR DESTROYING THE BODY
(b) E,arricide;
OF THE CRIME, OR THE EFFECTS OR
(c) Murder;
INSTRUMENTS THEREOF, IN ORDER TO
(d) An attempt against the life of the Eresident; or
PREVENT ITS DISCOVERY;
(e) That the principal is known to be Habitually guilty
of some other crime.
3. THE CRIME COMMITTED BY THE PRINCIPAL
UNDER THIS PARAGRAPH MAY BE ANY CRIME,
PRINCIPAL BY
PROVIDED IT IS NOT A LIGHT FELONY; and
ACCOMPLICE DIRECT
PARTICIPATION
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Harbors, conceals or 'Harbors, conceals or or relatives by affinity within the same degrees, with
assists irf,the escape assisting the escape the single exception of accessories falling within the
of the principal of any of the author of the provisions of paragraph 1 of the next preceding
crime; crime; article,
Accessory is a public Accessory- is a private
officer; person; Notes:
Public officer acts Na abuse required • The. exemption is based on the ties of blood and the
with abuse pf his (not a public officer); preservation of the cleanliness of one's name.
public functions; and and • An accessory is exempt from criminal liability, when
Crime committed by the principal is his — (4) (SADR)
the principal is 1. appuse;
either: (a) treason, 2. A9cendant;
(I?) parricide, (c) 3. Qescendant; or
Crime committed by Murder, (d) an 4. Legitimate, natural or adopted brother, sister, or
the pririCipal involves attempt against the Relative by affinity within the same degree.
any crime, except life of the President,
light felonies or (e) that the • The accessory is not exempt from criminal liability
principal is known to even if the principal is related to him, if such
be habitually guilty accessory: (3)
of some other 1. Profited by the effects of the crime;
crime. 2. Assisted the offender to profit by the effects of
the crime; and
Notes:
• The nri-psqnrig.s' linhility is subordinate and Note: Such acts are prompted not by affection but by a
subsequent. detestable greed.
• Conviction of- an accessory is possible • Only accessories under Art. 19(2) and (3) are
notwithstanding the acquittal of the principal, if the exempt from criminal liability if they are related to
crime was in fact committed, but-the principal was not the principals.
held criminally liable, because of an exempting • Ties of blood or relationship constitute a more
circumstance. powerful incentive than the call of duty.
• Even if the principal is still unknown or at large, the
accessory may be held responsible provided the END OF TOPIC
requisites prescribed by law for the existence of the
crime are present and that someone committed it.
• Where the commission of the crime and the
responsibility of- the accused as, an accessory, are
established, the accessory can be convicted,
notwithstanding the acquittal of the principal. (Vino v.
People, G.R. No. 84163,-October 19, 1989).
PLEASE SEE SPL REVIEWER, ANTI- FENCING LAW

AND THE DECREE PENALIZING OBSTRUCTION OF
JUSTICE, READ'IN RELATION TO THE TOPIC ON
ACCESSORIES
G. PERSONS EXEMPT FROM CRIMINAL LIABILITY
Art. 20. Accessories who are exempt from criminal

liability. — The penalties prescribed for accessories
shall not be imposed upon those who are such with
respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters,
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V. PENALTIES Exception: When retrospective application will be

A, GENERAL PRINCIPLES. favorable to the person guilty of a felony, provided that:
1. The offender is NOT a habitual criminal
Penalty is the suffering that is inflicted by the State for the (delinquent) under Art. 62(5); and
transgression of the law. 2. The new or amendatory law does NOT provide
against its retrospective application.
1. DIFFERENT JURIDICAL CONDITIONS OF PENALTY
(LEPPC3) Rationale for the exception in art. 22:
1. Legal: it is the consequence of a judgment Basis: Strict justice and not on political considerations.
according to law; The sovereign, in enacting subsequent penal law more
2. Equal for all; favorable to the accused, has recognized that the greater
3. eroductive of suffering without, however, severity of the former law is unjust.
affecting the integrity of the human personality;
4. eersonal: no Qne should be punished for the The sovereign would be inconsistent if it would still
crime of another; enforce its right under the conditions of the former law,
5. commensurate with the offense: different crimes which has already been regarded by conscientious public
must be punished with different penalties; opinion as juridically burdensome.
6. certain: no one must escape its effects; and
7. orrectional. Note: No retroactive effect even when favorable to the
accused — if the new law is expressly made inapplicable
2. THEORIES JUSTIFYING PENALTIES to pending actions or existing causes of action. (Tavera v.
Valdez, 1 Phil 468, 1902).
1. Prevention: to prevent or suppress the danger
to the State arising from the criminal act; HABITUAL DELINQUENT
2. Self-defense: to protect society from the threat
and wrong inflicted by a criminal; A person who within a period of 10 years from the date
3. Reformation: to correct and reform the offender; of his release or last conviction of the crimes of serious
4. Exemplarity: the criminal is punished to serve or less serious physical injuries, robbery, theft, estafa, or
as an example to deter others from committing falsification, is found guilty of any said crimes a third time
crimes; and or oftener.
5. Justice: that crime is punished by the State as
an act of retributive justice, a vindication of Notes:
absolute right and moral law violated by the • If retroactive effect of a new law is justified, it shall
criminal. apply to the defendant even if he is:
• Presently on trial for the offense;
3. PENALTIES THAT MAY BE IMPOSED • Has already been sentenced but service of
which has not begun; or
General Rule: A felony shall be punishable only by the
• Already serving sentence.
penalty prescribed by law at the time of its commission.
• The retroactive effect of criminal statutes does
Rationale: A law cannot be rationally obeyed unless it is NOT apply to the culprit's civil liability.
first shown, and a man cannot be expected to obey an
Reason:
order that has not been given.
• The rights of offended persons or innocent third
parties are not within the gift of arbitrary disposal
Note: Art. 21 implements the constitutional prohibition
of the State.
against ex post facto laws. It reflects the maxim that
there is no crime without a penalty and that there is no • The provisions of Art. 22 are applicable even to
special laws, which provide more favorable
penalty without a law (nullum crimen sine poena; nulla
poena sine lege). But as provided in Art. 22, ex post conditions to the accused.
facto laws are allowed if favorable to the accused.
Criminal liability under the repealed law subsists:
General Rule: Penal laws are applied prospectively. • When the provisions of the former law are
reenacted;
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• The right to punish offenses committed under an

old penal law is not extinguished if the offenses C. CLASSIFICATION
are still punishable in the repealing penal law;
• When the repeal is. by implication; or when a Notes:
penal law, which irnpliedly repealed an old law, is • The scale in Art. 25 is only a general classification
itself repealed, the repeal of the repealing law of penalties based on their severity, nature and
revives theprior penal law, unless the language subject matter.
of the repealing statute provides otherwise. If the • The scale of penalties under Art. 70 is provided
repeal is absolute, criminal liability is obliterated; for successive service of sentences imposed on
and the same accused in consideration of their
• When the repeal is absolute, the offense ceases seyety and natures.
to be criminal. (People v. Tamayo, G.R. No. L- • The scale in Art. 71 are for the purpose of
41423, 1938). graduating the penalties by degrees in
• When there is a saving clause. accordance with the rules in Art. 61.
Notes: CLASSIFICATION OF PENALTIES BASED ON THEIR

• No retroactive effect of penal, laws as regards NATURE
jurisdiction of court.
• Jurisdiction of the court to try:a criminal action is 1. Principal: those expressly imposed by the court in
to be determined by the law in force at the time the judgment of conviction, it can be further classified
of instituting the action, not at the time of the as follows:
commission of the crime.
o Jurisdiction of courts in criminal cases is (a) Divisible: those which have fixed duration and
determined by the allegations of the are always divisible into three periods, namely:
complaint or information, and not by the maximum, medium, and minimum,
findings the court may make after trial. e.g. prision mayor;
(b) Indivisible: those which have no fixed duration.
(People v. Romualdo, G.R. No. L- 3686,
These are:
1952)
• According to LB. Reyes, Art. 22 is NOT • Death;
applicable to the provisions of the RPC. Its • Reclusion Perpetua;
application to the RPC can only be invoked where • Perpetual absolute or special disqualification;
some former or subsequent law is under and
consideration. • Public censure;
BILL OF ATTAINDER - A legislative act which inflicts 2. Accessory: those that are deemed included in the
punishment without a trial. imposition of the principal penalties, namely:
(a) Perpetual or temporary absolute disqualification;
4. ACT PROHIBITING THE IMPOSITION OF DEATH (b) Perpetual or temporary special disqualification;
PENALTY IN THE PHILIPPINES (R.A. 9346) (c) Suspension from public office, the right to vote
and be voted for, the profession or calling;
Note: Currently, the imposition of the death penalty has (d) Civil interdiction;
been prohibited pursuant to Republic Act No. 9346. (e) Indemnification; and
(PLEASE SEE SPL REVIEWER, ON RA. 9346). (f) Forfeiture or confiscation of instruments and
proceeds of the offense.
B. PURPOSES
Note: Perpetual or temporary absolute disqualification,
• Retribution or expiation - the penalty is perpetual or temporary special disqualification, and
commensurate with the gravity of the offense; suspension may be principal or accessory penalties.
• correction or reformation 7 as shown by the rules
which regulate the execution of the penalties Examples:
consisting in the deprivation of liberty; and 1. PerRe)ual absolute disqualification is a principal
• Social defense - shown by its inflexible severity to penalty in prevaricacion (Art. 204). It is an accessory
recidivists and habitual delinquents. penalty of reclusion perpetua and reclusion temporal.
ATENEO CENTRAL
2. Perpetual special disqualification is a principal • Bond to keep the peace is imposed only in the
penalty in malversation (Art. 217). Also in Art. 214, crime of threats (Art. 284), either grave (Art. 282)
223, 229, 233, and 345. It is an accessory penalty of or light (Art. 283).
prision mayor and prision correccional.
3. Temporary absolute disqualification is a principal FINE IS:
penalty when the accessory acts with abuse of public 1. Afflictive — if it exceeds P1,200,000;
functions (Art. 19(3] and Art. 58). 2. Correctional —P40,000 to P1,200,000; and
4. Temporary special disqualification is a principal 3. Light — less than P40,000.
penalty in direct bribery (Art. 210). Also in Articles
205, 214, 220, 223, 2.4, 226, 227, 228, 231, 235, BOND TO KEEP THE PEACE IS BY ANALOGY:
239, 245, 346, and 347. 1. Afflictive — if it exceeds P1,200,000;
5. Suspension is a principal penalty in rendition of 2. Correctional — P40,000 to P1,200,000; and
unjust interlocutory orders (Art. 206). Also in Articles 3. Light — less than P40,000.
200, 211, 266 and 365.
NOTES:
CLASSIFICATION: • This article determines the classification of a fine
whether imposed as a single (e.g. fine of P200 to
I. ACCORDING TO SUBJECT-MATTER (CDR-DP) P6000) or as an alternative (e.g. penalty is
arresto mayor OR a fine ranging from P200 to
1. corporal (death) P1000) penalty for a crime.
2. Qeprivation of freedom (reclusion, prision, arresto); • The rule does not apply where the fine involved is
3. Restriction of freedom (destierro); in a compound penalty, that is, it is imposed in
4. eprivation of rights (disqualification and conjunction with another penalty. In this case, the
suspension); and highest penalty shall be made the basis for
5. Eecuniary (fine). computing the period for the prescription of
crimes (Art. 90)
II. ACCORDING TO THEIR GRAVITY (CA-CL-Co) • Where the fine in question is exactly P200 under
Art. 9, it is a light felony, hence, the felony
1. ,Qapital: involved is a light felony; whereas under Art. 26,
(a) Death (Now prohibited under RA 9346);
• it is a correctional penalty; hence, the offense
2. afflictive:
involved is a less grave felony.
(a) Reclusion perpetua;
• It has been held that this discrepancy should be
(b) Reclusion temporal;
resolved liberally in favor of the accused, hence
(c) Perpetual or temporary absolute disqualification;
Art. 9 prevails over Art. 26. (People v. Yu Hai,
(d) Perpetual or temporary special disqualification;
G.R. No. L-9598, 1956).
and
• HOWEVER, according to Justice Regalado there
(e) Prision mayor;
is no such discrepancy. What is really in issue is
3. L,orrectional:
the prescription of the offense vis-à-vis the
(a) Prision correccional;
prescription of the penalty, the former being the
(b) Arresto mayor;
forfeiture of the right of the State to prosecute the
(c) Suspension; and
offender and the latter being the loss of its power
(d) Destierro;
to enforce the judgment against the convict.
4. Light:
(a) Arresto menor; and • In determining the prescription of crimes, apply
(b) Public censure; Art. 9 (P40,000 fine is light felony). In determining
5. Penalties agmmon to the three preceding classes: the prescription of penalty, apply Art. 26 (P200
fine prescribes in 10 years).
(a) Fine; and
(b) Bond to keep the peace.
NOTES:
• This classification corresponds to the classification
of felonies in Art.9 into grave, less grave, and light.
• Public censure is imposed in Articles 200, 211, 266
and 365.
ATENEO CENTRAL
D. DURATION AND EFFECT 2. EFFECT

1. DURATION EFFECTS OF THE PENALTIES OF PERPETUAL OR
TEMPORARY ABSOLUTE DISQUALIFICATION (ART.
PENALT 1 DURATION 30)
Y
Reclusio 20 years and 1 day 1. Deprivation of the public offices and employments
n to 40
. years-
, which the offender may have held, even if conferred
Perpetu
a by popular election;
Reclusio 12-years and 1 day 2. Deprivation of the Tight to vote in any election for any
n to 20 years popular elective office or to be elected to such office;
Tempor 3. Disqualification for the offices or public employments
al and for the exercise of any of the rights mentioned;
Prision Mayor 6 years and 1 day to and
and temporary 12 years, except 4. Loss of all rights to retirement pay or other pension
disqualifioatio when the penalty of for any office formerly held.
n disqualification is
imposed as an NOTES:
accessory penalty,
in which case., its PERPETUAL ABSOLUTE DISQUALIFICATION is
duration shall be
effective during the lifetime of the convict and even after
that of the principal
penalty the service of the sentence.
Prision 6 months and 1 day TEMPORARY ABSOLUTEDISQUALIFICATION

correccional to 6 years, except Generci Rule: lasts during The term of the sentence, and
, when suspension is is removed after the service of the same.
suspension, imposed as an Exceptions:
and accessory penalty, • Deprivation of the public office or employment
destierro in which case, its (Effect no.1); and
duration shall be
• Loss of all rights to retirement pay or other
that of the principal
penalty pension for any office formerly held (Effect no. 4).
Arresto '1 month and 1 day EFFECTS OF THE PENALTIES OF PERPETUAL OR

mayor to 6 months TEMPORARY SPECIAL DISQUALIFICATION (ART. 31)
Arresto 1 day to 30 days
menor 1. Deprivation of the office, employment, profession or
Bond to keep Such period of time calling affected; and
the peace as the court may 2. Disqualification for holding similar offices or
de,termine employments perpetually or during the term of the
sentence.
Note: Destierro is a principal, correctional, and divisible
penalty. EFFECTS OF THE PENALTIES OF PERPETUAL OR
TEMPORARY SPECIAL DISQUALIFICATION FOR THE
CASES WHEN DESTIERRO IS IMPOSED: EXERCISE OF THE RIGHT OF SUFFRAGE (ART. 32)
1. Serious physical injuries or death under exceptional
circumstances (Art. 247); 1. Deprivation of the right to vote or to be elected to any
2. In case of failure to give bond for good behavior (Art. public office; and
284); 2. Cannot hold any public office during the period of
3. As a penalty for the concubine in disqualification.
4. concubinage (Art. 334); and
5. In cases where after reducing the penalty by one or EFFECTS OF THE PENALTIES OF SUSPENSION
more degrees, destierro is the proper penalty. FROM ANY PUBLIC OFFICE, PROFESSION, OR
CALLING, OR THE RIGHT OF SUFFRAGE (ART. 33)
ATENEO CENTRAL
1. Disqualification from holding such office or exercising of a person arrested for or accused of a crime.
such profession or calling or right of suffrage during Bond to keep the peace or for good behavior is
the term of the sentence; and imposed as a penalty in threats.
2. If suspended from public office, the offender cannot (b) Justice Regalado: It is believed that this punitive
hold another office having similar functions during the sanction cannot be applied since this bond is
period of suspension. required only in the crime of threats and if the
offender fails to comply therewith, the penalty
Definition: imposable is destierro (Art. 284). Neither can
this penalty apply to crimes under special laws
DISQUALIFICATION is the withholding of a privilege, a as only "felonies" (i.e. crime punished under
restriction upon the right of suffrage or to hold office, and RPC) are contemplated therein.
not a denial of a right.
E. COMPUTATION OF PENALTIES
Purpose: To preserve the purity of elections; one
rendered infamous by conviction of felony or other base Rules observed by the Director of Prisons or the warden
offenses indicative of moral turpitude is unfit to exercise in computation of penalties imposed upon the convicts:
such rights. (People v. Corral, G.R. No. L-42300, 1936).
1. Rule No. 1 when the offender is in prison — the
EFFECTS OF CIVIL INTERDICTION (ART. 34) duration of temporary penalties is from the day on
which the itmlument of c9nviction becmes final,
1. Deprivation of the rights of parental authority or and not from the day of his detention.
guardianship of any ward; (a) This rule applies in cases of temporary penalties
2. Deprivation of marital authority; (e.g. temporary absolute disqualification
8. Deprivation of the right to manage his property and of temporary special disqualification, and
the right to dispose of such property by any act or suspension) and the offender is under detention
any conveyance inter vivos; (as when he is undergoing preventive
(a) But he can dispose of such property by will or imprisonment)
donation mortis causa; and
(b) He can also manage or dispose of his property Reason: Under Art. 24, the arrest and temporary
by acts inter vivos, if done in his behalf by a detention of the accused is not considered a 'penalty.
judicial guardian appointed for him as an
"incompetent." (Sec. 2, Rule 92, Rules of Court) 2. Rule No. 2 when the offender is agt in prison —
the duration of penalties consisting in deprivation of
Civil interdiction is an accessory penalty to the liberty, is from the day that the offender is placed at
following principal penalties: the disposal of judicial authorities for the enforcement
1. If death penalty is commuted to life imprisonment; of the penalty.
2. Reclusion perpetua; and (a) This rule applies in cases of penalties consisting
3. Reclusion temporal. in deprivation of liberty (e.g. imprisonment and
destierro) and the offender is not in prison.
EFFECTS OF BOND TO KEEP THE PEACE (ART. 35)
3. Rule No. 3 the duration of other penalties — the
1. The offender must present 2 sufficient sureties who duration is from the day on which the offender
shall undertake that the offender will not commit the commences to serve his sentence.
offense sought to be prevented, and that in case (a) This rule applies in cases of:
such offense be committed they will pay the amount 1. (Penalties consisting in deprivation of liberty)
determined by the Court; or and the offender is undergoing preventive
2. The offender must deposit such amount with the imprisonment; but the offender is entitled to a
Clerk of Court to guarantee said undertaking; or deduction of full time or 4/5 of the time of his
3. The offender may be detained, if he cannot give the detention.
bond, for a period not to exceed 6 months if 2. (Temporary penalties) and the offender is not
prosecuted for grave or less grave felony, or for a under detention, because the offender has
period not to exceed 30 days, if for a light felony. been released on bail.
(a) Bond to keep the peace is different from bail
bond which is posted for the provisional release NOTES:
ATENEO CENTRAL
• Service in prison begins only on the day the deprivation of liberty and economic usefulness
judgment of conviction becomes final. (People v. Ducosin, G.R. No. L-38332, 1933).
a If in custody and the accusd appeals, the service
of the sentence should commence from the date PLEASE SEE SPL REVIEWER FOR A COMPLETE
of the promulgation of the decision of the DISCUSSION Of THE ISL.
appellate court, not the trial court's.
G. THREE-FOLD RULE (ART. 701
F. APPLICATION
If an accused has to serve more than 3 sentences, he
General Rule: The penalty prescribed by law in general cannot be sentenced to more than 3 times the most
terms shall be impos,ed: severe penalty that may be imposed on him for the
1. Upon the principals; and various crimes he might have committe,d.
2. For consummated felony.
Purpose: (aside from the 40-year limit) To avoid the
Exception: absurdity of a man being sentenced to imprisonment for
When the law fixes a penalty for the frustrated or a longer period than his natural life.
attemptad felony in cases where law considers that the
penalty lower by one or two degrees corresponding to NOTES:
said acts of execution is not proportionate to the wrong • Applies although the penalties were imposed for
done. different crimes, at different times, and under
separate informations.
THE GRADUATION OF PENALTIES REFERS TO: • If the sentence is indeterminate, the basis of the
1. By degree: threefold-rule is the maximum sentence.
(a) Stages of execution (consummated, frustrated,
attempted); and THREE-FOLD RULE:
(b) Degree of the criminal participation of the 1. The maximum duration of the convict's sentence
offender (principal, accomplice, accessory); shall not exceed 3 times the length of time
2. By period: corresponding to the most severe of the penalties
(a) Minimum, medium, maximum: refers to the imposed upon him;
proper period of the penalty, which should be 2. But in no case to exceed 40 years; and
imposed when aggravating or mitigating 3. This rule shall apply only when the convict is to serve
circumstances attend the commission of the 4 or more sentences successively.
crime
Subsidiary imprisonment shall be excluded in computing
1. INDETERMINATE SENTENCE LAW (ISL) for the maximum duration.
Application on the imposed sentence: H. SUBSIDIARY IMPRISONMENT
The ISL consists of a maximum and minimum, instead of Failure to pay the fine subjects the accused to subsidiary
a single fixed penalty. The prisoner must be sentenced to imprisonment.
imprisonment for a period which is not more than the
maximum and not less than the minimum. R.A. 10159, enacted on April 10, 2012 changed the
subsidiary personal liability to be suffered by the convict
The prisoner must serve the minimum before he is eligible with no property with which to meet the fine, at the rate of
for parole. The period between the minimum and one day for each amount equivalent to the highest
maximum is indeterminate in the sense that the prisoner minimum wage rate (opposed to 8 pesos) prevailing in
may be exempted from serving said indeterminate period the Philippines -at the time of the rendition of judgment of
in whole or in part. conviction by the trial court.
The law does not impair the powers of the Chief Executive I. EXECUTION AND SERVICE
under the Administrative Code.
• Purpose: To uplift and redeem valuable human 1. PROBATION LAW (P.O. NO. 968)
material and prevent unnecessary and excessive
ATENEO CENTRAL
PLEASE SEE DISCUSSION ON PD 968 ON THE SPL Under the Child and Youth Welfare Code (PD 603), the
REVIEWER youthful offender shall be credited in the service of his
sentence with the full time he spent in actual confinement
4. COMPREHENSIVE DANGEROUS DRUGS ACT and detention. It is not necessary that he agreed to abide
(R.A. 9165) by the disciplinary rules imposed upon convicted
prisoners.
PLEASE SEE RELEVANT PROVISION, SEC.24, SPL
REVIEWER Offenders not entitled to be credited with the full time
or four-fifths of the time of their preventive
5. JUVENILE JUSTICE AND WELFARE ACT OF 2006 imprisonment:
(R.A. 9344); ALSO REFER TO CHILD AND YOUTH 1. Recidivists or those convicted previously twice or
WELFARE CODE (P.D. 603, AS AMENDED) more times of any crime.
(a) Habitual delinquents are not entitled to credit of
PLEASE SEE SPL REVIEWER time under preventive imprisonment since he is
necessarily a recidivist.
J. DISTINGUISHED FROM PREVENTIVE 2. Those who, upon being summoned for the
IMPRISONMENT PERIOD OF PREVENTIVE execution of their sentence, failed to surrender
IMPRISONMENT DEDUCTED FROM TERM OF voluntarily (convicts who failed to voluntarily
IMPRISONMENT (ART. 291
surrender under a final judgment; not those who
failed or refused to voluntarily surrender after the
PREVENTIVE IMPRISONMENTis the period of detention
commission of the crime)
undergone by an accused where the crime with which he
is charged is non-bailable or, even if bailable he is unable Notes:
to post the requisite bail.
• Credit is given in the service of sentences
consisting of deprivation of liberty (imprisonment
RULES IN DEDUCTING PERIOD OF PREVENTIVE
and destierro), whether perpetual or temporal.
IMPRISONMENT:
• The accused shall be released immediately
1. If the detention prisoner agrees voluntarily in writing whenever he has undergone preventive
to abide by the same disciplinary rules imposed upon imprisonment for a period equal to or more than
convicted prisoners, he shall be credited in the the possible maximum imprisonment for offense
service of his sentence with the full time during which charged.
he had undergone preventive imprisonment. • If the penalty imposed is arrest° manor to
2. If the detention prisoner does not agree to abide by destierro, the accused who has been in prison for
the same disciplinary rules imposed upon convicted 30 days (arrest° manor to 30 days) should be
prisoners, he shall be credited only with 4/5 the time released because although the maximum penalty
during which he has undergone preventive is destierro (6 months and 1 day to 6 years), the
imprisonment. accused sentenced to such penalty does not
serve it in prison.
Note:
END OF TOPIC
(a) Amnesty: act of the sovereign power
VI. CRIMINAL AND CIVIL LIABILITIES granting oblivion or general pardon for
past offense, exerted in favor of a class of
A. EXTINCTION OF CRIMINAL LIABILITIES persons
(b) Amnesty may be granted after conviction
1. Total Extinction of Criminal Liabilities (Art. 89): 4. Absolute pardon
(a) Pardon: act of grace proceeding from the
1. Death of the convict power which executes the law exempting
(a) Whether before or after final judgment an individual from punishment of crime
2. Service of sentence committed
3. Amnesty, which completely extinguished the . (b) The pardon must be absolute and must be
penalty and all its effects accepted by the convicted person
ATENEO CENTRAL
AMNESTY V PARDON
COMPUTATION OF PRESCRIPTION OF
AMNEST PARDON OFFENSES
Y • Period of prescription commences to run
Political Any offense from the date of commission or from the
offenses date of discovery
A class of An individual • In computing the period for prescription,
person or is
communities pardoned exclude the first day and include the last
May be exercised Individual is • When the last day falls on a Sunday or
even before already legal holiday, the information can no
trial or convicted longer be filed on the next day as the crime
investigation has already prescribed. (Yapdiangco v
Looks backward Looks forward Buencamino, No. L- 28841, June 24,
and abolishes and relieves 1983,1
the offense itself offender of • It is interrupted by the filing of the
(thus an ex- consequences of complaint or information and commences
convict will no the offense he
longer be a was convicted of to run again when the proceedings
recidivist) (ex-convict will terminate without the accused being
remain a convicted or acquitted or unjustifiably
recidivist) stopped for any reason not imputable to
him.
5. Prescription of the crime • Prescription does not run when the
(a) Forfeiture or loss of right of state to offender is absent from the Philippines.
prosecute offender • When the penalty is compound, the
6. Prescripion of the penalty highest penalty is the basis for the
(a) Forfeiture of right of government to application of the rules in Art. 90
execute final sentence • Where there is an alternative penalty of
(b) Requisites: fine, which is higher than the penalty of
1. Penalty is imposed by final sentence imp,risonment, prescription of the crime will
2. Convict evaded the service of the be based on the fine
sentence by escaping during the term • Consider the penalty prescribed by law
of his sentence
7. Marriage of the offended woman (as provided PRESCRIPTION OF PENALTIES (Art. 92)
in Art. 344)
PENALT PRESCRIPTIV
PRESCRIPTION OF CRIMES (Art. 90) Y E PERIOD
PENALTY PRESCRIPTIV Death and 20 years

OF E PERIOD reclusion
OFFENSE perpetua
Death, reclusion 20 Other 15 years
perpetua, years afflictive
reclusion temporal penalties
Correctional 10 years
Afflictive penalties 15 penalties
years (except arresto
Correctional 10 mayor)
penalty year-s Light penalties 1 year
(except
arresto
mayor) COMPUTATION OF PRESCRIPTION OF
Arresto mayor 5 years PENALTIES
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• Commences to run from the date when the and Parole

culprit evaded the service of his sentence Basis is 5asis is the
• Interrupted when the convict Administrative Indeterminate
o Gives himself up Code Sentence Law
o Is captured Give any time after Given after prisoner
• Goes to a foreign country with no final judgment has served the
extradition treaty minimum penalty
o Commits another crime before the Violation of Violation of parole
expiration of the period of conditional pardon may lead to
prescription may result in reincarceration for
• Acceptance of conditional pardon (People reincarceration and service of
v Puntillas, G.R. No. 45267, June 15, prosecution under unserved potion of
1938) Art 159 (evasion of original penalty
• Where the accused was never placed in service of sentence)
without
confinement, the period for prescription
prosecution for Art
never starts to run in his favor. (Pangan v
159
Hon. Gatbalite, et al., G.R. No. 141718,
January 21, 2005)
ALLOWANCE FOR GOOD CONDUCT
2. Partial Extinction of Criminal Liability
LENGTH OF ALLOWED
(a) Conditional pardon (Art. 95)
SENTENCE DEDUCTION PER
1. Usual condition imposed: that he shall SERVED MONTH OF
not again violate any of the penal laws GOOD
of the Philippines BEHAVIOR
(b) Commutation of sentence (Art. 95)
First 2 years 5 days
1. Examples
1. Convict sentenced to death is 3rd to 5th year 8 days
over 70 (Art. 83)
2. 8 SC Justices fail to reach 6th to 10th 10
decision of affirmance of death days
penalty 11th onwards 15
(c) Good conduct allowances which the clays
culprit may earn while he is serving his
sentence (Art. 95) Note:
1. Deductions of term of sentence for No allowance for good conduct while the prisoner
good behavior (Art. 97) is released under a conditional pardon (People v
2. Special time allowance for loyalty (Art. Martin, 68 Phil. 122)
98)
B. CIVIL LIABILITIES IN CRIMINAL CASES
(d) Parole granted by Parole Board (Reyes
The Revised Penal Code, Book 1, 2011) EVERY PERSON CRIMINALLY LIABLE FOR A
1. Parole: suspension of the sentence of FELONY IS ALSO CIVILLY LIABLE (Art. 100)
a convict after serving the minimum of
the indeterminate penalty without the TWO CLASSES OF INJURIES
grant of pardon
SOCIAL INJURY PERSONAL
CONDITIONAL PARDON V PAROLE INJURY
CONDITIONAL PAROLE Produced by the Caused to the

PARDON disturbance and victim of the crime
Granted. by Chief Granted by the alarm which are the who may have
Executive Board of Pardons outcome of the suffered damage
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offense to, either his/her

person, property, OFFENSE DAMAG
honor or chastity E
AWARDE
Repaired through Indemnity is civil in 0
imposition of nature Crimes Damages is
corresponding against based on price
property of thing and
penally.
sentimental
value to injured
party if the thing
What is included in civil liability (Art. 104)
itself cannot be
8. Restitution
restored
(a) The exact thing unlawfully taken must be Crimes against Whatever the
restored even if found in possession of persons (i.e. injured party spent
third person who acquired it through lawful physical for the treatment of
means injuries) his wounds,
(b) General Rule: restitution is limited to doctor's fees, and
crimes _against property unearned wages
9. Reparation of damage caused by reason of
(a) If restitution is not possible inability to work
(b) Generally refers to crimes against because of-the
property injuries. (In case of
temporary or
10. 1ndemnification of consequential damages
permanent
(a) Generally refers to crimes against persons personal injury,
(b) Not only damages suffered by injured damages for iosp
party but also those suffered ,by his family or impairment of
or third persons by reason of the crime earning capacity
may be awarded.)
CIVIL LIABILITY V. PECUNIARY LIABILITY Criminal offenses Moral damages
resulting in
CIVIL PECUNIARY physical injuries, in
LIABILITY LIABILITY (Art. crimes of
(Art. 104) 38) seduction,
Reparation of damages caused abduction, rape or
other lascivious
Indemnification for acts, adultery,
consequential con,cubinage,
damages illegal or arbitrary
Includes restitution No restitution as in detention or arrest,
pecuniary liability, illegal seprph, libel,
liability is paid out slander,
of property of defamation, and
offender. malicious
In restitution, prosecution
property Offense Exemplar
unlawfully taken is committed with y
returned one or more damage
Does not include Includes fines and aggravating s
fines or costs of costs of the circumstance
the proceedings proceedings
Note:
G If there is no damage caused by the
DAMAGES THAT MAY BE RECOVERED IN commissibn of the crime, the offender is
CRIMINAL CASES: not civilly liable.
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• Acquittal in a criminal case does not

necessarily mean the extinction of
accused's civil liability.
0 Eg. Acquittal on reasonable doubt,
acquittal from a cause of
nonimputability, acquittal in the
criminal action for negligence,
when there is only civil liability,
independent civil actions.
• A person exempt from criminal liability under
Art 12 is not necessarily exempt from civil
liability. Except:
o Par 4, Art 12, for injury
caused by mere accident
O Par 7, Art 12, for failure to
perform an act required by law when
prevented by some lawful or
insuperable cause.
• There is no civil liability in justifying
circumstances Art 11.
• Civil liability is extinguished in the same
manner as other obligations (i.e. payment,
performance, loss of the thing due)
END OF TOPIC
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REVISED 'PENAL, CODE t-.BOOK II I. CRIMES AGAINST NATIONAL SECURITY AND

THE LAWS OF NATION
TOPIC OUTLINE UNDER THE SYLLABUS
II. REVISED PENAL CODE — BOOK II SUMMARY qF TITLE I
1 Art. 114 Treason
A. CRIMES AGAINST NATIONAL 2. Art. 115 Conspiracy and Proposal to Commit
SECURITY AND LAWS OF NATIONS Treason
3. Art. 116 Misprision of Treason
4. Art. 117 Espionage
B. CRIMES AGAINST THE
5. Art. 118 Inciting to War or Giving Motives for
FUNDAMENTAL LAW OF THE STATE
Reprisals
6. Art. 119 Violation of Neutrality
C. CRIMES AGAINST PUBLIC ORDER
7. Art 120 Correspondence with Hostile Country
8. Art. ;121 Flight to Enemy's Country
D. CRIMES AGAINST PUBLIC INTEREST 9. Art. 12? Piracy In General and Mutiny on the
High Sea or in Philippine Waters
E. CRIMES AGAINST PUBLIC MORALS 10. Art. 123 Qualified Piracy
F. CRIMES COMMITTED BY PUBLIC CHAPTER 1: CRIMES AGAINST NATIONAL

OFFICERS SECURITY
G. CRIMES AGAINST PERSONS SECTION 1. — TREASON AND ESPIONAGE
H. CRIMES AGAINST PERSONAL Art. 114. TREASON

LIBERTY AND SECURITY
Treason is a breach of allegiance
I. CRIMES AGAINST PROPERTY Definition to a government committed by a
person who owes allegiance to it.
J. CRIMES AGAINST CHASTITY
1. that the offender (a Filipino
K. CRIMES GAINST THE CIVIL STATUS citizen or a resident alien)
O PERSONS owes allegiance to the
Government of the
L. CRIMES AGAINST HONOR Philippines .
Elements: 2. the offender either:
M. QUASI-OFFENSES (OR CRIMINAL FRAP-A- (i) levies war against the
NEGLIGENCE) LAW Government; or
(ii) adheres to the enemies
by giving them aid or
comfort
3. that there is a war in which
the Philippines is involved
Reclusion Perpetua to Death and

Penalty shall pay a fine not to exceed
P4M (Amended by RA 10951)
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Allegiance date of the commencement of war. (Concurring

Obligation of fidelity and obedience which the Opinion of Justice Perfecto, Laurel v. Misa, G.R.
individuals owe to the government under which No. L-409, January 30, 1947)
they live or to their sovereign, in return for
protection they receive. (Laurel v Misa, GR No. L- Levying in Collaboration with a Foreign Enemy
409, January 30, 1947) If the levying of war is done in collaboration with a
foreign enemy but is merely a civil uprising without
Can treason committed in a foreign country be any intention of helping an external enemy, the
prosecuted in the Philippines? crime is not treason. The offenders may be held
Yes. Treason committed in a foreign country may liable for rebellion. (REYES, Book Two)
be prosecuted in the Philippines. (Art. 2, RPC)
NOTES ON TREASON BY ADHERENCE TO
Place of Commission of Crime ENEMIES
a. Filipino citizen: anywhere since he owes
permanent allegiance which consists in the ADHERENCE TO ENEMIES
obligation of fidelity and obedience which a Intent to betray; when a citizen intellectually or
citizen or subject owes to his government or emotionally favors the enemy and harbors
sovereign; sympathies or convictions disloyal to his country's
b. Alien: only in the Philippines except in case of policy or interest. (Cramer v US, 65 Sup. Ct. 918,
conspiracy. An alien owes only temporary April 23, 1945)
allegiance to the country where he resides.
Temporary allegiance is the obligation of Adherence without Physical Manifestations
fidelity and obedience which a resident alien Mere adherence without its physical manifestation
owes to the Philippine Government. through the giving of aid or comfort to the enemy
must concur. People v Tan, PC, 42 O.G. 1263)
Nature of Treason
Treason is a war crime (hence, cannot be Enemy
committed during a time of peace), punished by the The term enemy should refer to a foreign country.
state as a measure of self- defense and self- (US v Lagnayon, 3 Phil 478) It applies only to the
preservation. (Concurring Opinion of Justice subjects of a foreign power in a State of hostility
Perfecto, Laurel v. Misa, G.R. No. L-409, January with the traitor's country because this Article treats
30, 1947) of circumstances of war. It does not embrace
rebels in insurrection against their own country, for
Punishable Acts in that case the crime would be rebellion. (REYES,
1. Levying war — requires: Book Two)
a. An Actual assembling of men; and
b. For the purpose of executing a Aid or Comfort
treasonable design by force; Act which strengthens or tends to strengthen the
2. Adherence to enemies — requires enemy in the conduct of war against the traitor's
concurrence of: country and an act which weakens or tends to
a. Actual adherence to the enemies &; and weaken the power of the traitor's country to resist or
b. Giving aid or comfort to them. to attack the enemy. (Cramer v US, 65 Sup. Ct.
918, April 23, 1945)
NOTES ON TREASON BY LEVYING WAR
Extent of Aid or Comfort
Intent to Overthrow Government It must be a deed or physical activity and not
Levying must be with intent to overthrow the merely a mental operation such as acts furnishing
government, not merely to resist a particular the enemy with arms, troops, supplies,
statute or to repel a particular officer. It matters not information or means of transportation. (REYES,
how vain and futile the attempt was and how Book Two)
impossible its accomplishment.
The overt act must be intentional. There is no
Not necessary that there be a Formal
treason through negligence. (REYES, Book Two)
Declaration of War
In treason by levying war, it is not necessary that
there be a formal declaration of the existence of a Giving information to, or commandeering
state of war. Actual hostilities may determine the foodstuffs for the enemy is evidence of both
Page 71 of 277
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adherence and aid or comfort. (REYES, Book TWO-WITNESS RULE:

Two) Testimonies need not be identical, but must
relate to the same overt act (Hauft v. United
Effect when Efforts to Aid Not Successful States, 67 S. Cf. 874). It is sufficient that the
Not essential that the effort to aid be successful, witnesses are.uniform in their testimony on the
provided overt acts are done which if successful overt act; not necessarily that there be a
would advance the interest of the enemy (People corroboration between them on the point they
v Alarcon, GR No. L-407, July 28, 1947) testified (People v. Concepcion G.R. No. L-1853,
October 25, 1949).
Acceptance of Public Office and Discharge of
Official Duties under the Enemy The two-witness rule is severely restrictive,
Mere acceptance of public office and discharge of
hence, each of the witnesses must testify to the
official duties under the enemy do not constitute
whole overt act; or if it is separable, there must be
the felony of treason. But when the position is
two_witnesses to each part of the overt act
policy- determining, the acceptance of public
(People v. Escleto, G.R. No. L-1006, June 28,
office and the.discharge of official duties
194g).
constitute treason.
REASON FOR TWO-WITNESS RULE:
POLICYrDETERMINING — Officials that define The special nature of the crime requires that the
the norm of conduct that all offices and officials ac,cused be afforded a special protection not
under the department he headed had to adopt require,d in other oases so as to avoid a
and enforce, and helped in the propagation of the miscarriage of justice. (Concurring Opinion of
creed of the invader, and the acts and utterance_s Justice Perfect in El Pueblo de Filipinas v.
of the accused while holding the_position were an Marcaida, GR No. L-953, September 18, 1947)
earnest implement such policy, the acceptance of
public office and discharge of official duties When Court Believes in Only 1 Witness
constitute treason. (People v Sison, P.C., 42 O.G. The two-witness rule is not satisfied if the court
748) believes in only one witness (People v Adriano, GR
No. L-477, June 30, 1947)
Acts not considere.d as treason
1. Commandeering of women to satisfy the lust Wiinessep not Uniform on Some Points
of the enemy (People v Perez, GR No. L-856, It is not sufficient to entirely discredit testimonies
April 18, 1949) of witnesses if the deficiency refers merely to
2. Marriage of:the accused to a Japanese woman minor details. (People v Lansanas, GR No. L-
and employment as an interpreter (People v 1622, December 2, 1948)
Bascon, GR No. L-1548, Match 29, 1949)
Confession of Guilt by the Accused in Open
Other Acts C,onsidered as Treason
Court
1. Serving as informer and active member of the
The confession in open court, upon which a
Japanese, Military Police (People v Fernando,
GR No L-1138, December 17, 1947) defendant may be convicted of treason, is a
confession of guilt. The section cannot be
WAYS TO PROVE: extended so as to include admissions of fact, from
1. Treason (Overt act of giving aid or which his guilt may be inferred, made by the
comfort) defendant in giving his testimony after a plea of
a. Testimony - at least 2 witnesses to the not guilty (US v Magtibay, GR No. L-1317,
same overt act; or November 23, 1903)
b. Judicial confession of the accused in
open court. Extrajudicial confession made before investigators
is not sufficient (REYES, Book Two)
2. Adherence
a. One witness; CIRCUMSTANCES INHERENT IN
b. Nature of act itself; or TREASON: (EAT)
c. Circumstances surrounding the act. 1. Evident premeditation;
Page 72 of 277
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2. Abuse of Superior Strength; and a citizen of the

3. Treachery (People v. Adlawan, 83 Phil 195; enemy.
People v. Racaza, 82 Phil 623)
AGGRAVATING CIRCUMSTANCES IN
TREASON: (ICAG) Treason cannot be complexed with other
1. Ignominy; and crimes
2. Cruelty; There is no complex crime of treason with murder
3. Amount or degree of aid; and or physical injuries (People v. Prieto 80 Phil. 138).
4. Gravity or seriousness of the acts of treason. This is because, when the deed is charged as an
element of treason, it becomes identified with the
Treason is a continuous offense latter crime and cannot be the subject of a
Treason is a continuous offense (People v. separate punishment, or used in combination with
Victoria, G.R. No. L-369 March 13,1947). treason to increase the penalty which Art.48 of
the RPC provides. (People v Hernandez, GR No.
Number of Evidence Required for Conviction L-6025, July 18, 1956)
Proof of one count is sufficient of conviction
(People v. San Juan, G.R. No. L-2997, June 29,
When Common Crimes may be considered
1951).
Separately from Crime of Treason
Common crimes such as murder, physical injuries,
Defenses in Treason kidnapping, illegal detention, or robbery may be
• DEFENSES NOT A DEFENSE considered separately from the crime of treason
Duress or Suspended when they are committed for a private or personal
uncontrollable fear; allegiance; and purpose or motive and not for the purpose of 'giving
aid or comfort to the enemy' as an element of
and
treason (1 AMURAO, Book Two)
Obedience to de Joining the enemy
facto government, army thus becoming
Page 73 of 277
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Treason and Sedition Distin uished

Treason Sedition
As to classification
Crime against national security and the law of Crime against the fundamental law of the
nations State.
As to nature
Treason is a war crime. Sedition refers to an internal conflict.
As to manner of commission
Limited to two ways: Causing public and tumultuous
1. Levying war; and disturbances in one's country.
2. Adherence to the enemy, giving them aid or
comfort
As to purpose
The purpose of levying war is to help the 1. To prevent the promulgation or
enemy. execution of any law or the holding of
any, popular election;
2. To prevent the National Government or
local gavernment, or any public officer
thereof from freely exercising its or his
functions, or prevent the execution of
any administrative order;
3. To inflict any act of the or revenge upon
the person or property of any public
officer or employee;
4. To commit, for any political or social
• end, any act of hate or revenge against
private persons or any social class; and
5. To despoil, for any political or social
end, any person, local government or
the national Government, or the US
Government, of all its property or any
• part thereof.
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ART. 115. CONSPIRACY AND PROPOSAL TO Two-witness rule— not applicable since this is a
COMMIT TREASON crime separate and distinct from treason.
Elements 1. Proposal to Commit Treason

i) In times of War;
ii) A Person who has decided to
levy war against the
government, or to Adhere to
the enemies and to give them
aid or comfort; and
iii) Proposes its execution to
some other person/s.
2. Conspiracy to Commit Treason
i) In times of War;
ii) Two Qr More persons come
to an Agreement to -
a. Levy war against the
government; or
b. Adhere to the enemies
and to give them aid or
comfort; and
iii) They Qecide to commit it.
Penalty a. Conspiracy: Prision Mayor and a

fine not exceeding P2 Million
b. Proposal: Prision Correccional
and a fine not exceeding P1
Million
Conspiracy and Proposal to Commit a Felony

as a General Rule
As a general rule, conspiracy and proposal to
commit a felony is not punishable (Art. 8). Art.
115 is an exception as it specifically penalizes
conspiracy and proposal to commit treason.
Proposal if Accepted
Mere proposal even without acceptance is
punishable. If the other accepts, it is already
conspiracy.
When the Acts of Treason Committed After

Conspiracy or Proposal
If acts of treason are committed after the
conspiracy or proposal, the crime committed
will be treason, and the conspiracy or proposal is
considered as a means in the commission
thereof. The act of conspiracy and proposal are
absorbed therein.
Two-Witness Rule not Applicable
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ART. 116. MISPRISION OF TREASON

Art.116 Exception to Rule that mere silence
does not make person criminally liable.
Definition Misprision of treason is the failure Failure to report violations of the law is not a crime,
of a citizen to report as soon as except in certain cases. Art. 116 is an exception to
possible a conspiracy, which the rule that mere silence does not make a person
comes to his knowledge, against criminally liable. (People v Saavedra, QR No. L-
the government. But there must 49738, May 18, 1987)
be a war in which the Philippines
is involved. (BOADO, RPC and
SPL)
Elements: i. That the offender is a citizen of

the Philippines, and not a
foreigner;
ii. That he has knowledge of any
conspiracy against the
Government;
iii. That the conspiracy is one to
commit treason;
iv. That hp conceals or does not
disclose and make known the
same as soon as possible to
the proper authority
Penalty punished as an accessory to the
crime of treason
Can a resident alien commit the crime of

misprision?
No. A resident alien cannot commit misprision of
misprision. Art. 116 expressly provides without
being a foreigner.
When Misprision not Applicable

Art. 116 does not apply When -treason is already
committed by someone and the accused does not
report its commission. (REYES, Book Two)
Offender as Accessory Treason, but a Principal

in the crime of Misprision
The phrase shall be punished as an accessory to
the crime of treason, and a principal offender in the
crime of misprision of treason. Misprision is a
separate and distinct offense from the crime of
treason (REYES, Book Two)
To Whom Conspiracy must be Reported

RPC mentions 4 individuals to whom the
conspiracy must be reported (i.e. the governor, 2)
provincial fiscal, 3) mayor or 4) city fiscal), but what
if you report to some other high-ranking
government official? Ex: PNP Director? Judge
Pimentel says any government official of the DILG
is OK
Page 76 of 277
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ART. 117. ESPIONAGE information referred to in the preceding

paragraph, which he had in his possession by
reason of the public office he holds.
Definition Espionage is the offense of
gathering, transmitting, or losing
PERSONS LIABLE:
information; respecting the
1. First mode; ANY person whether:
national defense; with intent or a. Filipino citizen OR resident alien
reason to believe; that the (foreigner); or
information is to be used to the b. Private individual or a public officer; and
injury of the Republic of the 2. Second mode:
Philippines or the advantage of a a. A public officer
foreign nation.
C.A. NO. 616
Elements: 1. By entering without authority, AN ACT TO PUNISH ESPIONAGE AND OTHER
a warship, fort or military or OFFENSES AGAINST NATIONAL SECURITY
naval establishment or
reservation
ACTS PUNISHABLE:
ii) that the offender enters
any of the places 4. Unlawfully obtaining or permitting to be
mentioned; obtained information affecting national
iii) that he has no authority defense;
therefor; 5. Unlawful disclosing of information affecting
iv) that his purpose is to obtain national defense;
information, plans, 6. Disloyal acts or words in time of peace (i.e.
photographs or other data causing in any manner insubordination,
of a confidential nature disloyalty, mutiny or refusal of duty of any
relative to the defense of member of the military, naval, or air forces of
the Philippines the Philippines);
5. By disclosing to the 7. Disloyal acts in time of war,
representative of a foreign 8. Conspiracy to commit the foregoing acts;
nation the contents 9. Harboring or concealing violators of the law (i.e.
i) that the offender is a public the offender harbors a person whom he knows
offender; as someone who committed or is about to
ii) that he has in his commit a violation of this Act); and
possession the articles, 10. Photographing from aircraft of vital military
data, or information information.
referred to in par.1 by 11. Using, permitting or procuring the use of an
reason of the public office aircraft for the same purpose of violating No.7
he holds; 12. Reproducing, publishing, selling, or giving
iii) that he discloses their away of uncensored copies of those mentioned
contents to a under No.7 without the permission of the
representative of a foreign commanding officer or higher authority
nation 13. Destroying or injuring or attempting to injure or
destroy war material (when the country is at
Penalty Prision Correccional war) or national defense material, premises or
utilities (Even if the country is not at war) and
14. Making or causing to be made in a defective
PUNISHABLE ACTS (MODES OF COMMITTING manner, or attempting to make war material
ESPIONAGE): (when the country is at war) or national defense
1. By entering, without authority, a warship, fort, material (Even if the country is not at war)
or military or naval establishment or
reservation to obtain any information, plans, Element of Being a Public Officer
photographs or other data of confidential Being a public officer is a requirement in the
nature relative to the defense of the second mode, while it is only aggravating in the
Philippines. first.
2. By disclosing to the representative of a foreign
nation the contents of the articles, data or
Page 77 of 277
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-7\
Is wiretapping considered espionage? SECTION TWO: PROVOKING WAR AND

No. Wiretapping is not espionage if the purpose is DISLOYALTY IN CASE OF WAR
not connected with defense.
ART. 11,8. INCITING TO WAR OR piVING
Is it rlor.g.ssry ttpt the offerriar essrresaric irt MOTIVES FOR REPRISALS
obtaining information?
Mode of committing the felony, it is not necessary
that the offender succeeds in obtaining the Definitio _Unlawful or unauthorized acts of an
information. n individual which provoke or give
occasion for a war involving or
Treason and Espionage, Distinguished. liable to involve the Philippines or
ESPIONAGE TREASON expose Filipinos to reprisals on their
- As to condition pf citizenship persons or property
Both are crimes not Conditioned-by the citizenship
of the-offender Elements i) Offender Eerforms Unlawful or
As to when should -be committed . unauthorized acts; and
May be corrimitte,d both Is committed only in ii) Such acts Provoke or give
in time of peace and in time of war occasion for a war involving or
time of war liable to involve the Philippines
As to mariner of commission or expose Filipino citizens to
May be committed in Limited in 2 ways: reprisals on their persons or
many ways 1. Levying war; and property.
. Adhering to the Penalty a. For public officer or employee
enemy, giving
offenders: Reclusion temporal;
them aid or b. For private individual offenders:
comfort
Prisinn Mayor
When Crime Committed

Crime is committed only in times of peace.
Is intent of offender material?

Intent of the offender is immaterial.
Person of the Offender

In inciting to war, the offender is any person. If the
offender is a public officer, the penalty is reclusion
temporal, while the penalty to a private individual
is prision mayor.
Reprisals
It is an act of self-help on the part of the injured
state, responding after an unsatisfied demand to
an act contrary to international law on the part of
the offending state. (Naulila Incident Arbitration,
Portugese-German Arbitral Tribunal, 1928)
Reprisals are not limited to military action; it could

be economic reprisals, or denial of entry into their
country.
Page 78 of 277
ATENEO CENTRAL
EAR OPERATIONS 2019 CRIMINAL LAW
ART. 119. VIOLATION OF NEUTRALITY ART. 120. CORRESPONDENCE WITH HOSTILE

COUNTRY
Definition refers to an any act which violates
any regulation issued by Definitio Any person, who in time of war,
competent authority for the shall have correspondence with an
purpose of enforcing neutrality enemy country or territory occupied
by enemy troops.
Elements: i) War in which the Philippines is
Hot Involved; Elements i) A 2AE in which the Ehilippines
ii) For the Eurpose of Enforcing is Involved;
neutrality, a Hegulation is ii) That the offender makes
issued by competent authority; correspondence with
and an enemy
iii) That the offender Yiolates country or territory occupied by
such enemy troops;
iii) That the correspondence is
Penalty Prision correccional either —
a. Prohibited by the
government, or
Neutrality b. carried on in g.iphers or
It is the condition of a nation that in time of war, it Conventional signs, or
takes no part in the dispute but continues peaceful c. containing notice or
dealings with the belligerents. There must be a information which might
regulation issued by competent authority for the be useful to thelnemy.
enforcement of neutrality.
Penalty 1. Prision correccional if the
correspondence has been
When Crime Committed
prohibited by the Government
Crime is committed only in times of peace in the
2. Prision Mayor if such
Philippines, but in times of war between other
correspondence be carried on in
States.
ciphers or conventional signs;
3. Reclusion temporal if notice or
Philippines should not be Part of the War
information be given which might
It is the neutrality of the Philippines that was
be useful to the enemy
violated. Philippines should not be a party to the
war.
CORRESPONDENCE
Communication by means of letters or it may refer
to the letters, which pass between those who
have friendly or business relations. Note that,
even if the correspondence contains innocent
matters, if the correspondence has been
prohibited by the government, it is punishable
because of the possibility that some information
useful to the enemy might be revealed unwittingly.
CIPHER
Secret writing system; a code (Webster's
Dictionary).
When Prohibition by Government not Essential

Prohibition by the government is not essential
when the correspondence is carried on in ciphers
or conventional signs or when it contains notice or
information, which might be useful to the enemy.
Page 79 of 277
ATENEO CENTRAL
ART. 121. FLIGHT TO ENEMY'S COUNTRY

QUALIFYING CIRCUMBTANCES:
The following must concur together — ,
1. That the notice or information might be Definitio Any person who, owing allegiance
..sefig!t, the enemy; and n to the Government, attempts to flee
2. That the offender intended to aid the or go to an enemy country when
enemy. prohibited by competent authority.
When Crimp i,kmounts to Treason Elements i) A WAR in which the Ehilippines

If the offender intended to aid the enemy by giving is Involved;
such notice or information, the crime amounts to ii) Offender Qwes Allegiance to
TREASON; hence penalty same as that for the government;
treason. iii) Offender Attempts to flee or go
to enemy country; and
iv) pcing to enemy country is
Erohibited by competent
authority.
Penalty Arresto Mayor
PERSONS LIABLE:
1. Filipino citizen; and
2. Alien residing in the Philippines
When Crime Consummated
Mere attqmpt to flee or go to enemy country
consummates the crime.
Why Alien 'maybe Guilty of the Crime

An alien resident may be guilty of flight to enemy
country, because an alien owes temporary
allegiance to the Philippine government.
Necessity of Prohibition
There must be a prohibition. If there is none, even
if one went to enemy country, there is no crime.
Page 80 of 217
ATENEO CENTRAL
SECTION 3. — PIRACY AND MUTINY ON HIGH PIRACY

SEAS OR IN PHILIPPINE WATERS it is robbery or forcible depredation on the high
seas, without lawful authority and done with
ART. 122. PIRACY IN GENERAL AND MUTINY animo furandi and in the spirit and intention of
ON THE HIGH SEAS OR IN PHILIPPINE universal hostility. Pirates are in law hostes
WATERS humani generis (People v Lol-lo, GR No. 17958,
February 27, 1922)
Definition a. Piracy: Any person who, on the
high seas, shall attack or seize a Animo furandi
vessel, or not being a member of Latin term meaning "intention to steal."
its complement nor a passenger,
shall seize the whole or part of the NOTE:
cargo of the vessel, its equipment • Under P.D. 532, piracy may be committed
or personal belongings of the even by a passenger or member of the
complement or passengers. complement of the vessel.
b. Mutiny: It is the unlawful
resistance to a superior, or the PUNISHABLE ACTS (MODES OF COMMITTING
raising of commotions and PIRACY):
disturbances on board a ship 1. By attacking or seizing a vessel on the high
against the authority of its seas or in the Philippine waters (P.D. 532); and
commander 2. By seizing in the vessel, the whole or part of
its cargo, its equipment or personal
Elements: 1. Piracy belongings of its complement or passengers
i) A yessel is on the high seas while on the high seas or in Philippine waters.
or Philippine waters;
ii) Qffenders — Not members of PHILIPPINE WATERS
its complement nor
All bodies of water and all waters belonging to the
passengers of the vessel; and
Philippines by historic or legal title, including
iii) That the offenders — territorial sea, the sea-bed, the insular shelves, and
a. attack or leize the other submarine areas over which the Philippines
vessel, or
has sovereignty and jurisdiction. (Sec. 2, P.D. No.
b. 2eize whole or part of
532)
vessel's cargo,
Equipment or personal
belongings of its HIGH SEAS
complement or Any waters on the sea coast which are without the
passengers. boundaries of the low water mark although such
waters may be in the jurisdictional limits of a foreign
2. Mutiny
government; parts of the sea that are not included
iv) A Messel is on the high seas
or Philippine waters; in the exclusive economic zone, in the territorial
seas, or in the internalwaters of a state, or in the
v) Qffenders — Members of its
archipelagic waters of an archipelagic state.
complement or passengers of
(United Nations Convention on the Law of the Sea)
the vessel; and
vi) That the offenders commit
unlawful resistance to a Piracy Triable Anywhere
superior, or the raising of Piracy is a crime not against any particular state
commotions and but against all mankind. It may be punished in the
disturbances on board a ship competent tribunal of any country where the
against the authority of its offender may be found or into which he may
commander carried. (People v Lol-lo, GR No. 17958, February
27, 1922)
Penalty Reclusion Perpetua
Page 81 of 277
ATENEQ CENTRAL
Mutiny PD-532 Anti-Piracy and Anti-Highway Robbery

It is the unlawful resistance to a superior, or the Law of 1974
raising of comrnotions and disturbances on board
a ship against the authority of its commander.
Pirac and Mutin Distin uished
punishes piracy Punishes piracy

committed either in committed in
Philippke waters or on Philippines waters only
Either in Pbilippinewaters or on the highseas .thebigh Seas; and
Committed Committed by Committed by strangers Committed by any

strangers members of the crew or to the vessels (non- person (who may be
vessels passengers passengers or non- members of the crew or
members of the crew) passengers)
Intent to gain is The offenderssmay,only

essential intend to ignore the VESSEL — any vessel or watercraft used for
• ships officers, or they transport of passengers and cargo from one place
may be prompted by a to another through Philippine waters.
desire to commit
plunder Punishable Acts
1. Piracy
2. Highway robbery/ brigandage
Rule on Jurisdiction
3. Aiding Orates or highway robbers/ brigands or
1. PIRACY IN 'HIGH SEAS — jurisdiction of any
abetting piracy or highway robbery/brigandage
court where offenders are found or arrested.
2. PIRACY IN INTERNAL WATERS — jurisdiction
of Philippine courts. Piracy under RPC and under PD No. 512,
Distinguished
Piracy and Robbeiy on High Seas Piracy tinder RPC Piracy under PD 532
As to the manner of commission
Piracy (RPC) Robbery on High
May be committed by May be committed by
Seas
attacking or seizing a attacking or seizing a
Offender is an outsider The offender is a
vessel or part of the vessel or by taking
member of the cargo, equipment or away the whole or part
complement or a personal belonging of of its cargo, equipment
passenger of the the complement or or personal belongings
vessel passengers.
In both, there is intent to gain and the manner of of the vessel's
committing the crime is the same. complement or
passengers by means
of violence against or
intimidation or persons
or force upon things.
As to the person of the offenders
Committed by Committed by
strangers to the members of the crew
vessels or passengers
,
As to place of commission
Philippine waters or Philippine waters only.
high seas
As to when piracy becomes qualified
Page 82 of 211
ATENEO CENTRAL
I;3AR OPERATIONS 2019 CRIMINAL LAW
When it is When physical injuries ART. 123. QUALIFIED PIRACY

accompanied by or other crimes are
murder, homicide, committed as a result
physical injuries or or on the occasion Elements A. Qualifying Circumstances
rape thereof, or when (Piracy):
murder, homicide or 1. Seizure of the vessel by Zoarding
rape is committed by or Eiring upon the same;
reason or on the 2. Abandonment by pirates of
occasion thereof. victims without means of saving
themselves; or
3. Crime was Accompanied by
Piracy and Terrorism
murder, homicide, physical
Under Human Security Act of 2007 (R.A. 9372)
injuries, or rape.
a person who commits an act punishable as
piracy and mutiny under Art. 122 thereby sowing B. Mutiny: When the second or third
and creating a condition of widespread and circumstance accompanies the crime
extraordinary fear and panic among the populace, of mutiny mentioned in Art. 122,
in order to coerce the government to give in to an mutiny is then qualified. First
unlawful demand shall be guilty of the crime of circumstance may not qualify the
terrorism and shall suffer the penalty of 40 years of crime of mutiny.
imprisonment, without the benefit of parole.
Penalty Reclusion Temporal to death
NOTE: The purpose of brigandage is
indiscriminate highway robbery. P.D. 532
punishes as highway robbery or brigandage only Qualified Piracy is a special complex crime
acts of robbery perpetuated by outlaws punishable by reclusion perpetua to death,
indiscriminately against any person or persons on regardless of the number of victims.
Philippine highways, and not acts of robbery NOTE:
committed against only a predetermined or The word "crimes" in the opening sentence of
particular victim (Rust/co Abay v People, GR No. Art. 123 refers to both piracy and mutiny.
165696, 2008) However, the second qualifying circumstance
specifically mentions "pirates" thereby excluding
PLEASE SEE THE SPL mutineers.
REVIEWER ON THE RELATED TOPIC PD
532 Murder, Rape, Homicide, Injuries must have
been Committed
The murder/rape/homicide/physical injuries must
have been committed on the passengers or on
the complement of the vessel
Accomplice
Any person who aids or protects pirates or abets
the commission of piracy shall be considered as
an accomplice.
end of topic
Page 83 of 277
ATENEO CENTRAL
BAR OPERATIONS 2019- CRIMINAL LAW
B. CRIMES AGAINST THE FUNDAMENTAL LAW

OF THE STATE Qffend,er is a public officer or employee
The public officers liable for arbitrary detention
CHAPTER 1: ARBITRARY DETENTION OR must be vested with authority to detain or order
EXPULSION, VIOLATION OF DWELLING, the detention of persons accused of a crime such
PROHIBITION, INTERWRTION AND public officers are the policemen and other agents
DISSOLUTION OF PEACEFUL MEETINGS AND of the law, the judges or mayors and barangay
CRIMES AGAINST RELIGIOUS WORSHIP
captains (Milo v. Salanga, GR No. L-37007, July
20, 1987)
SECTION 1.— ARBITRARY DETENTION AND
EXPULSION
Detention by Unauthorized Public Officer
ART. 124. ARBITRARY DETENTION Public officers who are not vested with authority
to detain or order the detention of persons
accused of a crime or exceed their authority may
Definition Any public officer or employee who, be liable for illegal detention because they are
without legal grounds detains a acting in their private capacity.
person.
Private Individual Offender
Elements: i That the offender is a Eublic
If the offender is a private individual, the act of
officer or employee (whose
detaining another is Illegal Detention. (Art. 267 or
official duties include the
Art. 268)
authority to make an arrest and
detain persons);
ii) That he Detains a person; and Private Individual Offender who Conspire with
iii) Detention is Without legal Public Officers
grounds. However, private individuals who
conspire, with public officers can be liable as
Penalty 1. If the detention has not principals in the crime of Arbitrary Detention.
exceeded 3 days: Arresto Mayor
(max period) to Prision Detention through Imprudence
Correccional (Min period) Arbitrary detention can be committed through
2. If detention continued more than imprudence [People v. Misa, G.R. Np. 0485, June
3 days but not more than 15 27, 1994. Here, a chief of police (convicted)
days: Prision Correccional (Med rearrested a woman who had been released by
and Max) verbal order of the justice of peace. The officer
3. If detention has continued for should have verified the order of release before
more than 15 days but not more proceeding to make the re-arrest.]
than 6 months: Prision Mayor
4. If detention exceeded 6 months: Usual Cause of Arbitrary Detention
Reclusion Temporal Arrest without warrant is the usual cause of
arbitrary detention EXCEPT warrantless arrest
(under Sec. 5, Rule 113, Revised Rules of Criminal
DETENTION
Procedure).
actual confinement of a person in an enclosure or
in any manner detaining and depriving him of his
liberty. (People v Flores, GR no. 116488, May 31, Does it have to be physical detention for it to
2001) be considered arbitrary detention?
No. Psychological Restraint is another form of
LEGAL GROUNDS FOR DETENTION: detention (Astorga v. People, G.R. No 154130,
1. Commission of a crime; and October 1, 2003).
2. Violent insanity or other ailment requiring
compulsory confinement of the patient in a
hospital. Effect when person arrested is acquitted
Note: This list is not exclusive so long as the If the arrested persons are later found to be
ground is considered legal (e.g in contempt of innocent and acquitted, the arresting officers are
court, under quarantine, or a foreigner to be not liable. But if they do not strictly comply with the
deported) said conditions, the arresting officers can be held
Page 84 of 277
ATENEO CENTRAL
liable for the crime of arbitrary detention, for Arbitrary Detention and Kidnapping and Illegal
damages and/or for other administrative sanctions. Detention, Distinguished
(Umil v Ramos, GR No. 81567, October 3, 1991) Arbitrary Detention Kidnapping and
illegal Detention
Periods of Detention Penalized A public officer who A public officer who
1. If the detention has not exceeded three days; has a duty under the has NO legal duty to
2. If the detention has continued more than 3 law to detain a person detain a person may
days, but not more than 15 days but detains a person be prosecuted for
3. If the detention has continued more than 15 without legal ground. illegal detention.
days but not more than 6 months;
4. If the detention has exceeded 6 months. A
greater penalty is imposed if the period is Arbitrary Detention and Unlawful Arrest,
longer. (RPC, Art. 124, Nos. 1-4) Distin uished
Arbitrary Unlawful Arrest
Length of Detention for it to be Considered Detention
Arbitrary Detention) As to the classification
The law does not fix any minimum period of Crime against the Crime against liberty
detention. Offenders have been convicted of fundamental law of
arbitrary detention even when the offended party the State
was detained for an hour (US V. Agravante, G.R. As to offender
No. L-3947, January 28, 1908) or even less than Public officer Any person
half an hour (US v. Braganza, G.R. No. L-3971, As to purpose of offender
February 3, 1908). No intention to bring Purpose of arrest is to
the offended to bring the victim to proper
proper authorities authority and file a
but merely to detain charge.
him
As to the manner of commission
Although A. Private person:
authorized, detains arrests a person
a person without without reasonable
legal ground. ground thereof; and
the purpose is to
deliver the person
arrested to the
proper authorities
B. Public Officer: Not
authorized to arrest
and detain a person,
or he did not act in
his official capacity
Page 85 of 277
ATENEO CENTRAL
ART. 125. DELAY IN THE DELIVERY OF the rtepessary information (Sayo v. Chief of
DETAINED PERSONS TO THE PROPER Police of Manila, G.R. No. L-2128, May 12,
JUDICIAL AUTHORITIES 1948).
_ RIGHTS OF DETAINEE:
Definition Any public officer or employee 1. Shall be informed of the cause of his
who shall detain any person for detention; and
some Legal ground and shall fail 2. Allowed, upon request, to communicate and
confer at any time with his attorney or counsel.
to deliver the same to the proper
judicial authorities within the
Crime when Offender is Private individual
period provided by law. If offender is a private person, the crime is Illegal
Detention.
Elements: i) That the offender is a Eublic
Qfficer or Employee;
ii) That he has Qetained a There must be Legal Ground to Arrest
person for some Legal Art. 125 contemplates arrest by virtue of some
,Qround; and legal ground or valid warrantless arrest.
iii) That he FAILS to deliver such
person to the proper judicial When Arrest made by virtue of VVarrant
authority within: If arrest is made by virtue of an arrest warrant,
a. 12 hours, detained for person may be detained indefinitely until:
crimes punishable by a. His case is decided, or
light penalties, or their b. He posts bail.
equivalent;
b. 18 hours, for crimes Delay in Filing Necessary Information
punishable by The felony means delay in filing the necessary
correctional penalties, or information or charging of person detained in court,
their equivalent; or which may be waived if a preliminary investigation
c. 36 is asked for. This does not contemplate actual
hours, for
physical delivery.
crimes/offenses
punishable Special Case; Human Security Act
by capital
The provisions of Art.125 of the RPC, to the
punishment or afflictive contrary notwithstanding, any police or law
penalties, enforcement personnel, who having been duly
or their
5authorized in writing by the Anti-Terrorism Council
equivalent. has taken custody of a person charged with or
su.s.pected of the crime of terrorism or the crime of
Penalty (same as arbitrary detention) conspiracy to commit terrorism shall deliver the
suspected or charged person to the proper judicial
authority within a period of 3 days counted from the
Computation of Periods
moment of the said charged or suspected person
The article includes Sundays, holidays and
has been apprehended or arrested, detained and
election days in the computation of the periods taken into custody by the police or law enforcement
prescribed within which public officers should personnel. (RA No. 9372, Sec.18)
deliver arrested persons to the proper judicial
authorities as the law never makes such Is the illegality of detention cured by the filing
exception (Soria v Desierto, GR No. 153524, of information in court?
January 31, 2005) No. The filing of the information in court beyond the
specified periods does not cure illegality of
Circumstances considered in determining detention. Hence, the detaining officer is still liable
the liability of the officer, offender: under Art. 125. Neither does it affect the legality of
1. Meanssof communication; the confinement under process issued by the court.
2. Hour of arrest; and
3. Other circumstances such as the time of Practice of Officers Asking the Execution of
surrender and the material possibility for the Waivers
fiscal to make the investigation and file in time To prevent committing this felony, officers usually
Page 86 of 277
ATENEO CENTRAL
ask accused to execute a waiver of Art. 125, which ART. 126. DELAYING RELEASE
should be under oath and with assistance of
counsel. Such waiver is not violative of the Definition Any public officer or employee who
constitutional right of the accused.
delays for the period of time
specified the performance of any
Length of Waiver
Even when a waiver is signed, a detainee cannot judicial or executive order for the
be held indefinitely. Upon signing of the waiver, a release of a prisoner or detention
preliminary investigation must be conducted and prisoner, or unduly delays the
terminated within 15 days (Leviste v. Alameda, service of the notice of such order,
G.R. No.182677, August 3, 2010). or the proceedings upon any
petition for the liberation of such
Arbitrary Detention and Delay in Delivery, person.
istin uished
Elements: i) That the offender is a Eublic
Arbitrary Detention Delay in Delivery of
Qfficer or Employee;
_ Detained
ii) That there is a judicial Qr
Detention is illegal Detention is legal in Executive order for the
from the beginning the beginning; illegality RELEASE of a prisoner or
starts from the detention prisoner, or that there
expiration of the is a proceeding upon a petition
specified periods for the liberation of such person;
without the persons iii) That the offender without good
detained having been reason delays:
delivered to the proper a. the Eervice of the notice
judicial authority. of such order to the
prisoner, or
Who are proper Judicial Authorities b. the Eerformance of such
It refers to the courts of justice or judges of said judicial or executive order
courts, vested with judicial power to order the for the release of the
temporary detention or confinement of a person prisoner, or
charged with having committed a public offense c. the Eroceedings upon a
(Agbay v Deputy Ombubdsman, GR No. 134503, petition for the release of
July 2, 1999) such person.
Reason for Article 125 Penalty (same as arbitrary detention)

It is intended to prevent any abuse resulting from
confining a person without informing him of his
offense and without permitting him to go on bail Punishable Acts
(Laurel v Misa, GR No. L-409, January 30, 1947) 1. By delaying the performance of a judicial or
executive order for the release of a prisoner;
2. By unduly delaying the service of the notice of
such order to said prisoner; and
3. By unduly delaying the proceedings upon any
petition for the liberation of such person
(REYES, Book Two)
NOTE: Wardens and jailers are the persons most

likely to violate this provision.
RA No. 9745 (Anti Torture Act)

Punishable Acts:
1. Physical Torture
2. Mental or Psychological Torture
Note: For a detailed discussion, please refer to the

related SPL within this reviewer.
Pag.e 87 of 277
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-
ART. 127. EXPULSION SECTION 2. - VIOLATION OF polyncILE
ART. 128. VIOLATION OF DOMICILE
Definition Any public officer or employee
Who. not beim' authorized by law, _
shall expel any person from the Definition Any public officer or employee who,
Philippines or shall compel such not being authorized by judicial order,
person to change his residence. shall enter any dwelling against the
Elements: I' The offender is a Eublic Qfficer will of the owner and search papers
or gmployee; or other effects found therein without
,ii) That he expels any person the consent of the owner, or having
from the Philippines, or surreptitiously entered the dwelling,
gompels a Person to change and being required to leave the
his residence; and premises, refuses to do so.
iii) The offender is JADT
authorized by law. Elements i) That the offender is a Eublic
Qfficer or gmployee;
Penalty Prision Correccional ii) That he is .Qt authorized by
judicial order to enter the
dwelling and/or to make a
PUNISHABLE ACTS:
search therein for papers or other
1. Expelling a, person from the Philippines; or
effects; and
2. Compelling a person to change his residence.
iii) That he commits any of the
following acts:
To whom the Crime may be Committed Against
a. entering any dwelling against
May only be committed against an alien on
the will Of the owner thereof;
grounds provided .by law and only upon
b. Searching papers or other
observance of due process in deportation
effects found therein without
proceedings, while the second punishable act may
the previous consent of such
be committed against aliens of Filipino citizens. (1
AMURAO, Book Two) owner;
c. efusing to leave the
premises, after having
Crime Absorbs Grave Coercion
surreptitiously entered said
Crime of expulsion absorbs grave coercion. If
dwelling and after having
done by a private person, act will amount to Grave
been required to leave the
Coercion.
same.
Can a person be compelled to change his Penalty . Prision correccional in its minimum
residence? period
Yes, however only the court by a final judgment 2. Prision correccional in its med-
can order a person to change his residence but the max period if qualified
Chief Executive has the power to deport
undesirable aliens.
Punishable Acts
If a Filipino who, after voluntarily leaving the 1. By entering any dwelling against the will of the
country, is illegally refused re-entry, he is owner thereof;
considered a victim of being forced to change his 2. By searching papers or other effect found
address. therein without the previous consent of such
owner; and
3. By refusing to leave the premises, after having
surreptitiously entered said dwelling and after
having been required to leave the same
SURREPTITIOUSLY - done through fraud or

secret means to accomplish an object (stealth).
SPECIAL AGGRAVATING (-QUALIFYING)
Page 88 of 277
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CIRCUMSTANCES: considered as the search of papers and other

1. Nighttime; or effects. (El Pueblo de Filipinas v. Ella, GR No.
2. Papers or effects not constituting evidence of 8716-r. February 26, 1953)
a crime are not returned immediately.
Refusal to Leave
Search Warrant Under the 3rd mode, even if the entrance is only
The judicial order is the search warrant. without the consent of its owner, the crime is
committed when there is a refusal to leave the
Dwelling premises when required to do so.
It is the place of abode where the offended party
resides and which satisfies the requirement of his When a policeman who got angry, forcibly entered
domestic life (Padilla, Ambrosio, The Revised the house of another and attacked the latter, the
Penal Code, Book 1) policeman is not liable for violation of domicile
because he was not acting in an official capacity.
Against the Will of Owner He is liable instead for physical injuries with the
To constitute a violation of domicile, the entrance aggravating circumstance of dwelling.
by the public officer or employee must be against
Not Authorized by Judicial Order
the will of the owner of the dwelling which A public officer or employee is not authorized by
presupposes opposition or prohibition by the judicial order when he is not armed with a search
owner, whether express or implied, and not warrant duly issued by the Court. If the offender is
merely the absence of consent. a private individual or if the public officer is one
whose function does not include the duty to effect
Lack of Consent
search and seizure, the crime committed is
Lack of consent would not suffice as the law
requires that the offender's entry must be over the trespass to dwelling. (BOADO, RPC and SPL)
owner's objection. (REGALADO)
When Offender of First Mode is a Private

Individual
If the offender who enters the dwelling against the
will of the owner is a private individual, the crime
committed is Trespass to Dwelling.
Public Officer Searching Without Warrant

When a public officer searched a person "outside
his dwelling" without a search warrant and such
person is not legally arrested for an offense, the
crime committed by the public officer is either:
a. Grave Coercion if violence or
intimidation is used (Art. 286), or
b. Unjust Vexation if there is no violence
or intimidation (Art. 287).
Silence of Owner during Search

Silence of the owner of the dwelling before and
during the search, without search warrant, by a
public officer, may show implied waiver. (REYES,
Book Two)
When Considered a Search

Search must be the examination of a person's
body or property or other area that a person would
reasonably expected to consider as private,
conducted by a law enforcement officer for the
purpose of finding evidence of a crime. Thus, the
mere fact of 'looking at' cannot strictly be
Page 89 of 277
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ART. 129. SEAICHINARRANTS the affidavits filed in support of the application

MALICIOUSLY OBTAINED AND ABUSE IN THE therefor, or through other evidence, that the
SERVICE OF THOSE LEGALLY OBTAINED applicant had every reason to believe that the
search warrant sought for was unjustified (Reyes,
Definition Any public officer or employee wh9 The Revised Penal Code, 69, 9012).
shall procure, a search warrant
without just cause, or having legally Test of Lack of Just Cause
Whether the affidavit filed in support of the
procured the same, shall exceed his
authority or use unnecessary application for search warrant has been drawn in
such a manner that perjury could be charged
severity in executing the same.
thereon and affiant can be held liable for
Elements 1. Procure search warrant without damages. (Alvarez v. CFI, GR No. 45358,
just cause January 29, 1937)
i) That the offender is a Eublic
Qfficer or Employee; Effect when Warrant secured through False
ii) That he procures a learch Affidavit
warrant; and The crime punished by the article cannot be
W) That there is j)lo just cause. complexed but will be a separate crime from
2. Exceed Authority in Execution
perjury. (REGALADO)
i) That the offender is a eublic
Qfficer or employee;
ii) That he has Legally procured Requisites of Valid Search Warrant
a search warrant; and 1. It must be issued upon Probable Cause
iii) That he Exceeds his authority 2. Probable cause must be determined by the
or uses unnecessary severity judge himself and not by the applicant or any
in epcuting.the same other person;
3. In th,e determination of probable cause, the
judge must examine, under Oath or
affirmation, the complainant and such
Penalty In addition to any liability attaching to witnesses as the latter may produce;
the offender for the commission of 4. It should be issued in connection with 1
any other offense: specific offense;
1. Arresto Mayor (Max) to Prision 5. The warrant issued must particularly describe
correccional (Min) the place to be searched and persons or things
2. Fine not exceeding 200,000 to be seized
pesos (as amended by RA 10951)
Effect when the Judge who issued the search
warrant is convicted of an administrative
charge
SEARCH WARRANT While the imposition o,f administrative penalties
An order in writing issued in the name of the People operate to divest the Judge of his authority to act
of the Philippines, signed by a judge and directed to as Vice Executive Judge, the abstraction of such
a peace officer, commanding him to search for authority would not, by itself result in the invalidity
personal property described therein and bring it of the search warrant considering that said Judge
before the court. may be considered to have made the issuance as
a de facto officer. (Retired SPO4 Bienvenido Laud
PUNISHABLE ACTS: V People, GR No. 199032, November 19, 2014)
1. Procuring a search warrant withoutjust cause.
2. Exceeding has authority or by using
unnecessary severity in executing a search
warrant legally procured
When search warrant procured without just

cause
A search warrant is said to have been procured
without just cause when it appears on the face of
Page 90 of 277
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ART. 130. SEARCHING DOMICILE WITHOUT Crimes Distin

uished
WITNESSES 'Violation ofSearch Searching
Domicile (Art.
warrant Domicile
Any public officer or employee 128) maliciously without
obtained and Witnesses (Art.
who, in cases where a search is abuse in the 130)
proper, shall search the service of
domicile, papers or belongings those legally
Definition of any person, in the absence of obtained (Art.
the latter, any member of his 129)
family, or in their default, without There is no The public There was
the presence of 2 witnesses warrant. officer is abuse in the
residing in the same locality. armed with a implementation
warrant but of a valid
i) That the offender is a public such was warrant.
officer or employee; maliciously
ii) That he is armed with a obtained.
search warrant legally
procured
iii) That he searches the
Elements: domicile, papers or other
belongings of any person;
and
iv) That the owner or any
member of his family, or two
witnesses residing in the
same locality is not present.
Penalty Arresto Mayor (Med and Max)
ORDER OF THOSE WHO MUST WITNESS

THE SEARCH:
1. Homeowner;
2. Members of the family of sufficient age and
discretion; or
3. Responsible members of the community.
Why search in presence of witnesses

mandatory
Search in the presence of witnesses specified by
the law is mandatory to ensure regularity in the
execution of the search warrant (People v
Gesmundo. GR No. 89373, March 9, 1993)
Page 91 of 277
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SECTION 3. — PROHIBITION!, INTERRUPTION others, any petition tot he authorities fort he

AND DISSOLUTION OF PEACEFUL MEETINGS correction of abuses or redress of grievances
ART. 131. PROHIBITION, INTERRUPTION AND TESTS FOR DETERMINING IF THERE IS A

llISsn.1 I ITIfIN OF PEACEFUL MEETINGS VIOLATIOJ•71 OF ART. 131:
1. Dangerous tendency rule; and
2. Clear and present danger rule.
Any public officer or employee
who, without legal ground, shall Private individual Offender
prohibit, dissolve or interrupt the If the offender is a private individual, the crime is
holding 9r a peaceful meeting; Disturbance of Public Order (Art. 153).
shall hinder any person from
joining any lawful association or Offender must not be a Participant in the
Definition
from attending its meetings or shall .Meeting
prohibit or hinder any person from Offender must be a stranger, not a participant, in
addressing either alone or together the peaceful meeting; otherwise,the Offense is
with others, pny petition to the Unjust Vexation.
authorities for the correction of
Meeting Must be Peaceful
abuses or redress of grievances. Meeting must-be peaceful and there must be no
i) legal ground for prohibiting, dissolving or
Offender Is a Eublic Qfficer or
interrupting that meeting.
employee;
ii) He performs any of the
following acts: Interrupting Meeting of Municipal ,Council
a. Prohibiting Interrupting and dissolving a meeting of the
or
interrupting, without municipal council by a public officer is a crime
legal ground the holding against the legislative body and is not punishable
of a peaceful meeting, or under this article.
dissolving the same (e.g.
denial of permit in Meetings must comply with Ordinances
arbitrary manner); Those holding peaceful meetings must comply with
b. Llipdering any person local ordinances.
Elements:
from joining any lawful
association or from
attending any of its
meetings; or
c. Prohibiting or hindering
any person from
addressing, either alone
or together with others,
any petition to the
authorities for the
correction of abuses or
redress of grievances.
Penalty Prision Correccional (Min)
Punishable Acts
1. Prohibiting, interrupting, or dissolving without
legal ground the holding of a peaceful meeting;
2. Hindering any person from joining any lawful
association or from attending any of its
meetings;
3. Prohibiting or hindering any person from
addressing, either alone or together with
Page 92 of 277
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SECTION 4. — CRIMES AGAINST RELIGIOUS ART. 133. OFFENDING THE RELIGIOUS

WORSHIP FEELINGS
ART. 132. INTERRUPTION OF RELIGIOUS

WORSHIP Anyone who, in a place devoted to
religious worship or during the
celebration of any religious
Any public officer or employee Definition
ceremony shall perform acts
who shall prevent or disturb the notoriously offensive to the
Definition
ceremonies or manifestations of feelings of the faithful
any religion
i) Acts complained of were
i) That the officer is a eublic performed
officer or employee; a. in a Place Devoted to
ii) That Religious ceremonies or religious worship, or
Elements:
manifestations of any religion
Elements: b. during the gelebration of
are about to take place or are any religious ceremony;
going on; and ii) Acts must be notoriously
iii) That the Qffender prevents or ,Qffensive to the feelings of the
disturbs the same. faithful
1. Generally: Prision
Correccional (Min) Arresto Mayor (Max) to Prision
Penalty
Penalty 2. If crime committed with Correccional (Min)
violence or threats: Prision
Correccional (Med and Max)
Persons Liable
The offender can be any person.
QUALIFYING CIRCUMSTANCE: With violence
or threats. Offense to Feelings
Offense to feelings is judged from the
Reading of Bible complainant's point of view.
Reading of Bible and then attacking certain
churches in a public plaza is not a ceremony or Nature of Places
manifestation of religion, but only a meeting of a The phrase `in a place devoted to religious
religious sect, hence, only Art. 131 was violated. worship' does not necessarily imply the
requirement of a religious ceremony going on. The
Worship includes Religious Rites phrase 'during the celebration' is separated by the
Religious worship includes people in the act of word 'or' from the phase 'place devoted to religious
performing religious rites for a religious ceremony worship' which indicates that the 'religious
or a manifestation of religion. Examples: Mass, ceremony' need not be celebrated in a place of
baptism, marriage. worship.
X, a private person, punched a priest while the Religious Ceremony

priest was giving homily and maligning a Religious acts performed outside of a church, such
relative of X. Is X liable? as processions and special prayers for burying
X may be liable under Art. 133 (Offending religious dead persons. Examples of religious ceremony
feelings) because X is a private person. (acts performed outside the church): processions
and special prayers for burying dead persons but
Note: There must actually be a religious ceremony NOT prayer rallies.
being conducted on that occasion, either by itself
or in conjunction with some other activity of the Nature of Acts Notoriously Offensive to
religious denomination. If the offense was Feelings
committed only in a meeting or rally of a sect, it Acts notoriously offensive to the feelings of the
would be punishable under Art.131. (People v faithful must be directed against religious practice
Reyes, GR No. 13633, July 27, 1955) or dogma or ritual for the purpose of ridicule, as
mocking or scoffing or attempting to damage an
Page 93 of 277
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object of religious veneration. C. CRIMES AGAINST PUBLIC ORDER
Deliberate Intent to Hurt Feelings CHAPTER 1: REBELLION, COUP D'ETAT,

There must be deliberate intent to hurt the feelings SEDITION
of the faithful, mere arrogance or rudeness is nct
enough. ART. 134. REBELLION AND INSURRECTION
The crime of rebellion or

insurrection is committed by rising
publicly and taking arms against
the Government for the purpose of
removing from the aPegiance to
said Government or its laws, the
Definition territory of the Philippine Islands or
any part thereof of any body of
land, naval or other armed forces,
or of depriving the Chief Executive
or the Legislature. wholly or
partially, of any of their powers or
prerogatives.
i) Eublic ,Uprising and laking
arms against the government;
ii) •Purpose:
a. To Remove from the
allegiance to government or
laws:
1. Territory of
Elements: Philippines (in whole
or in part);
2. Body of land, or
army/naval/other
forces; and
b. 2eprive Chief Executive or
Congress wholly or partially
of powers or prerogatives.
1. Person who promotes,
maintains or heads a rebellion
or insurrection, or public
officer/employee who takes
Penalty part: Reclusion Perpetua
2. Person who merely
participates or executes
commands of others in
rebellion: Reclusion Temporal
Rebellion
It is more frequently used where the object of the
movement
._ is to completely overthrow and
supersede the existing government. (REYES) By
its nature, rebellions is a crime of the masses or
multitudes involving crowd action done in
furtherance of apolitical end.
Page 94 of 2
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E3AR OPERATIONS 2019 CRIMINAL LAW
Insurrection purposes in comfort.

It is more commonly employed in reference to a Art.134
movement which seeks merely to effect some
change of minor importance, or to prevent the
exercise of governmental authority with respect to
particular matters or subjects.
Rebellion and Insurrection Distin uished As to time of commission

REBELLION . INSURRECTION In times of peace During time of war
Purpose is to effect a As to' the place
. of commiisidn
. . .
Purpose is to change of minor Only in the Philippines. May be committed in
overthrow or importance, or to the Philippine territory
or elsewhere.
supersede the prevent the exercise
As to the person committing
existing of government Any person Only by a Filipino
government, authority with respect citizen or an alien
to particular residing in the
matters. Philippines
As to proof needed for conviction
Purpose must be shown but not necessary to Proved by showing the 1. Testimony of 2
be accomplished purpose of the witnesses, at least
The purpose of the uprising must be shown. uprising; there must be to the same overt
proof beyond act; or
Without evidence to indicate the motive or 2. Confession of
reasonable doubt.
purpose oft he accused, the crime does not accused in open
constitute rebellion. (US V. Constantino, GR No. court
1186, November 18, 1903) DISTINGUISHING REBELLION FROM OTHER
CRIMES
Rebellion and Treason Distin uished CRIME PERSONS IF
Rebellion Treason LIABLE ELEMENT
IS
Crime against public Crime against national
order security MISSING
As to purpose Prohibition, Public
1. To remove from The delivery of the Interruption officer or If by insider
the allegiance to Philippines to a foreign and employee then unjust
said Government power. vexation
Dissolution of who is a
or the laws the
territory of the Peaceful stranger in
Philippines or Meeting (Art. the meeting
anybody of land, 131)
bevel or other Public If not
armed forces; or
Interruption of officer or religious
2. To deprive the
Chief Executive or Religious employee then Art.
Congress of any Worship (Art. 131
of their powers 132)
As to manner of commission Offending Any person
1. Public Uprising 1. By levying war
and against the
Government; and REBELLION IN GENERAL
2. By taking arms
against the 2. By adhering to the
enemies of the Crime of Masses
Government for
Philippines, giving A crime of masses, of the multitude. Only 1 person
any of the
them aid or cannot commit it.
specified
It is a continuing crime.
Page 95 of 277
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Not Necessary that Purpose be Achieved

Necessity of Public Uprising and Taking up of It is not necessary for conviction that the purpose
Arms is achieved.
A public uprising and taking up of arms are
necessary for overt acts to constitute rebellion. Necessity of Actual Participation
However, taking part in the clash of arms is not There mast be ACTUAL participation. Mere giving
necessary to be convicted of rebellion. of aid or comfort is not criminal in the case of
rebellion.
Identifying self with a Group
If there is conspiracy, knowingly identifying one's Rebellion Absorbs other Crimes
self with a Rroup that commits rebellion is enough Rebellion absorbs other crimes committed in
for conviction, even if be himself did not rise furtheranca of rebellion.
publicly and take arms.
• Illegal possession of firearms in furtherance
of rebellion is absorbed by the crime of
When Consummated
rebellion
Consummated the very moment rebels rise and
take arms against the government. They do not • A private crime may be committed during
need to achieve their purpose for rebellion to be rebellion.
consummated.
Public Officer must take Active Part
Rebellion and Di ectAssault, Distinguished Public officer must take active part because mere
silence or omission is not punished in rebellion
REBELLION DIRECT
ASSAULT Non-Recognition of Government or Absence of
(FIRST FORM) Oath of Allegiance not a Defense
1. There be a public 1. Offender It is not a defense that the acciised never took the
uprising and taking employs oath of allegiance, or that they never recognized
arms against the the government.
force or
government; and intimidation;
ABSORPTION OF THE ORDINARY CRIMES
2. That the purpose of 2. Aim of
PERFORMED DURING A REBELLION
the uprising or offender is to
movement is either: attain any of • People v. Hernandez: rebellion cannot be
a. from the the purposes complexed with ordinary crimes done pursuant
allegiance to said of the crime to it (G.R. Nos. L76025-26, 1956).
Government or of rebellion • People v. Geronimo: crimes done for private
its laws, the or sedition; purposes without political motivation should be
territory of the and separately punished (G.R. No. L-6936, 1956).
Philippine Islands 3. That there is • Enrile v. Salazar: Hernandez remains binding
or any part no public doctrine operating to prohibit the complexing of
thereof of any uprising rebellion with any other offense committed on
body of land, the occasion thereof, either as a means to its
naval or other commission or as an unintended effect of any
armed forces or activity that constitutes rebellion (G.R. No.
b. to deprive the 92164, 1990).
Chief Executive
or Congress,
wholly or
partially, of any of
their powers or
srero•atives.
PURPOSE FOR REBELLION

The purpose of the uprising must be shown.
Page 96 of 277
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ART. 134.A. COUP D'ETAT

COUP D'ETAT IN GENERAL
The crime of coup D'ETAT is a • May be perpetrated with or without civilian
participation; and
swift attack accompanied by
• May be punished as terrorism.
violence, intimidation, threat,
strategy or stealth, directed No Frustrated Stage
against duly constituted authorities There is no frustrated stage for coup d' etat. The
of the Republic of the Philippines, mere attack directed against the duly constituted
or any military camp or installation, authorities of the RP, or any military camp or
communications networks, public installation, communication networks, public
utilities or other facilities needed utilities or other facilities needed for the exercise
Definition for the exercise and continued and continued possession of power consummates
possession of power, singly or the crime.
simultaneously carried out
anywhere in the Philippines by any Rebellion and Cou d'Etat Distin uished
person or persons, belonging to REBELLION COUP D'ETAT
the military or police or holding any
Both are crimes against public order
public office or employment, with
As to purpose
or without civilian support or
1. To remove from To seize or diminish
participation, for the purpose of the allegiance to State power.
seizing or diminishing state power said Government
or the laws of the Criminal objective is to
i) Qffender: member of the territory of the destabilize, immobilize
military, police force, or any Philippines or or paralyze the existing
public officer or employee anybody of land, government.
ii) Means: swift attack naval or other
accompanied by violence, armed forces; or
intimidation, threat, strategy, or 2. To deprive the
stealth; Chief Executive
iii) Eossible targets: duly or Congress of
constituted authorities of the any of their
Elements:
Philippines, any military; powers
camp/installation,
communication networks, Criminal objective is
public utilities, or other facilities to overthrow the
needed for the exercise and government and the
continued possession of power; offenders to
and. establish their own.
iv) Purpose: to seize or diminish As to manner of Commission
state power.
Committed through Swift attack
1. Leader or in any manner directs force and violence accomplished by
or commands to undertake by: violence, intimidation,
Coup d'Etat: Reclusion 1. Public uprising; threat, strategy or
Perpetua and stealth.
2. Government employee who 2. By taking arms
participates, executes against the
Penalty directions or commands: Government for
Reclusion Temporal (Max) any of the
3. Private person who in any specified
manner supports, finances, purposes in Art.
abets, or aids: Prision Mayor 134
(Max) As to the object against which the attack is
committed
Page 97 of 277
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Directed against the Directed against the ART. 135, PENALTY FOR Coup D'ETAT,
Government. duly constituted REBELLION AND INSURRECTION
authorities of the
Republic of the Persons Liable; Their Acts and Penait
Philippines, or any PARTICIPA I ACTS PENALTY
military camp or NT
installation, i
Rebellion or insurrection
comm. unication
networks, public utilities Leaders -Prorriotes, Reclusion
or other facilities maintains, Perpetua
needed for the exercise -h,eads
end continued Participants Participates Reclusion
possession of power or executes Temporal
As tp the person committing the the
Any person, whether It is required that the commands of
public officer or not, person belongs to the others
military or police or Coup d'Etat
holding any public Leaders Leads, Reclusion
officer or employment. directs, or Perpetua
As to the number of offenders commands
Involves a Multitude Mdy be committed others to
of people. singly or collectively undertake a
coup ,d'etat
Participants
„ Participates Reclusion
in or executes Temporal
government the
service commands of
others
Participants Aids, abets, Prision Mayor
not in finances, or in its max
government otherwise
service assists
commission
Who shall be deemed the leader of the

rebellion, insurrection or coup d'etat in case he
is unknown?
Any person who in fact:
1. Directed the others;
2. Spoke for them;
3. Signed receipts and other documents issued in
their name; or
4. Performed similar acts, on behalf of the rebels
Membership in Rebel Organization

Membership in a rebel organization does not
automatically qualify criminal acts as absorbed in
rebellion. It must be conclusively demonstrated
that the criminal acts were committed in
furtherance of rebellion (People v Lovedioro, GR
No. 112235, November 29, 1995)
PENALTIES AND LIABILITY

° tithe actual leader is unknown, the persons who
actually directed others, spoke for the unknown
Page 98 of -277
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leaders, signed receipts, and performed other ART. 136. CONSPIRACY AND PROPOSAL TO
similar acts will be liable as the leader. COMMIT COUP D'ETAT, REBELLION, OR
INSURRECTION
Assistant to a Principal
Being a mere assistant to a principal, guilty of Crimes Penalized under this Article
rebellion, the accused is guilty only as a participant 1. Conspiracy to commit rebellion;
in the commission of rebellion under par.2 Art 135 2. Proposal to commit rebellion
(People v Lava, GR No. L-4974-78, May 16, 1969)
PENALTIES
Political Crimes 1. Conspiracy and proposal to commit Coup
Crimes directly aimed against the political order, as d'etat:
well as such common crimes as may be committed a. Prision Mayor minimum; and
to achieve a political purpose. The decisive factor b. A fine not exceeding P 1 Million.
is the intent or motive (People v Hernandez, GR 2. Conspiracy to commit Rebellion or
No. L-6025-26, July 18, 1956) Insurrection:
a. Prision correccional maximum; and
Non Applicability of Indeterminate Sentence b. A fine not exceeding P 1 Million.
The indeterminate sentence does not apply to 3. Proposal to commit Rebellion or Insurrection:
Coup d'etat, Rebellion, or Insurrection. The a. Prision correccional medium; and
Indeterminate Sentence Law excludes from its b. A fine not exceeding Php 400,000.
coverage those charged with misprision of treason,
rebellion, sedition or espionage. Conspiracy to Commit Rebellion
When 2 or more persons come to an agreement to
Common Crimes done in Pursuance of rise publicly and take arms against the
Rebellious Purpose Government for any of the purposes of rebellion
If other common crimes were done in pursuance of and decide to commit it (REYES, Book Two)
the rebellious purpose, these crimes are absorbed
and the person is liable only for rebellion. Sufficiency of Mere Membership
Mere membership is sufficient to find an accused
Absorption not Automatic guilty of conspiracy to commit rebellion (People v
Absorption is not automatic. One has to show that Lava, GR No. L-4974-78, May 16, 1969)
common crimes were done in pursuance of
rebellious purposes, even if one was a member of Mere Act of Agreeing and Deciding
a rebellious group. Merely agreeing and deciding to commit the above-
mentioned crimes against the Government, without
Crimes done for Personal or Other Purposes actually performing the overt acts is already
If other common crimes are done for personal punishable. (People v Geronimo, GR No. L-8936,
purposes, even while the person is in rebellion, the October 23, 1956)
person will be held separately liable.
Gravamen of Conspiracy
Overt Act as Element of Rebellion There is no conspiracy when the people have not
Once an overt act (even if it is a crime itself) is cited agreed or decided to commit the crimes.
as an element of Rebellion in the information, it can
no longer be charged as a separate crime. Acts which seem Helpful to Rebels
Even if some acts may be construed as helpful to
rebels, if there is no intent to aid them in achieving
their rebellious purposes, those who gave aid are
not liable as conspirators.
Mere giving of Speeches

Even if someone gives speeches in favor of the
crimes, if there is no evidence that those who heard
it took it as a proposal, the person giving the
speech is not liable under this article.
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Instances when Preparatory Acts Punishable ART. 137. DISLOYALTY OF PUBLIC OFFICERS
Art.136 provides for instances when preparatory OR EMPLOYEES
acts are deemed punishable by law.
Proposal to Commit Rehellion Any public officer or employee who

When the person who has decided to rise publicly have failed to resist a rebellion by
and take arms against the Government for any of all the means in their power or shall
Definitio
the purpose of rebellion proposes its execution to continue to discharge the duties of
some other person/s. their offices under the control of the
rebels or shall accept appointment
to office under them.
i) public officer or employees

ii) who:
a. fail to resist a rebellion by all
means in their power
Elements b. shall continue to discharge
the duties of their offices
under the control of the
rebels
c. accept appointment to office
under them
Penalty Prision correccional (Min)
PUNISHABLE ACTS
1. Failing to resist rebellion by all means;
2. Continuing to discharge duties under rule of
rebels; or
3. Accepting appointment under rule of rebels.
NOTES: Penalty for all acts is Prision Correccional

in its minimum period.
OFFENDERS
SHOULD be a public officer or employee. A
private individual cannot violate this article,
even if he accepts appointments under the
rebel government.
Should not be in conspiracy with the rebels. If
there is conspiracy, he/she will be liable for
rebellion.
REBELLION AS PRE-REQUISITE
There must be a rebellion to be resisted in the
first place.
This article is inapplicable in the absence of
the crime of rebellion.
Page 100 of 21/

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ART. 138. INCITING TO REBELLION OR NOTE: In both proposal and inciting, the offender
INSURRECTION induces another to commit rebellion
Any person who, without taking arms

Qr being in open hostility against the
Government, shall incite others to the
execution of any of the acts under
Definition
Art.134, by means of speeches,
proclamations, writings, emblems,
banners or other representations
tending to the same end.
i) that the offender does not take up

arms or is not in open hostility
against the Government
ii) That he incites others to the
Elements execution of any of the acts of
• rebellion;
. iii) that the inciting is done by means
of speeches, proclamations,
writings, emblems, banners or
other representations tending to
the same end
Penalty Prision Mayor (Min)
APPLICABILITY
1. People incited must not actually commit
rebellion for this article to apply.
2. If people incited commit rebellion, this article is
not applicable.
a. People incited would be guilty of rebellion as
principals by direct participation.
b. Person inciting would be guilty of rebellion as
principal by inducement.
DISTINGUISHING FROM PROPOSAL TO

COMMIT REBELLION
PROPOSAL TO INCITING TO
COMMIT REBELLION
REBELLION
The person who It is not required
proposes has that the offender
decided to commit has decided to
rebellion; and commit rebellion;
and
The person who The inciting is done
proposes the publicly
execution of the
crime uses secret
means;
Page 101 of 277

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ART. 139. SEDITION Sedition and Treason

SEDITION (ART. 139) TREASON (ART.
Act of individuals who rise publicly 114)
Definition and tumultuously in order to attain Commqtions or Violation by a subject
by force spcific objectives. disturbances of the of his allegiance to his
State sovereign
i)
offender rise publicly and
tumultuously
Sedition and Rebellion
ii) Means: force, intimidation and
outside legal method S,eciition Rebellion
iii) Objectives: As to the manner of commission
a. prevent Arms are not It is necessary that
promulgation/execution of necessary. It is there be a, public
law or holding of popular
election; enough that there is uprising and taking
b. Prevent government or a public uprising arms against the
officer thereof from freely and the uprising is Government
Elements: exercising functions; tumultuous.
c. Inflict act of hate or revenge
upon public officer or As to the nature of the purpose
employee or his property; The purpose of the The purpose is
d. Commit for political or social offenders ,may be always political
end, any act of hate or political or social
revenge on any person or
As to the purposes
social class; and
e. Despoil for any political or Any of the objects 1. To remove from
social -end, any -person, the- enumerated in the allegiance to
Government, or any division Art.139 said Government
thereof of all or some of their or the laws the
property. territory of the
Philippines or
SEDITION IN GENERAL anybody of land,
1. Sedition is the raising of commotions or naval or other
disturbances in the State. armed forces; or
2. Can be committed by both private and public 2. To deprive the
persons. Chief Executive
3. Object is generally a violation of public peace. or Congress of
4. It cannot be committed by one person alone. any of their
a. Something is considered tumultuous if it powers
involves at least four (4) men with
weapons or other means of violence.
Public uprising and an object of sedition must
b. Multiple. people with no arms or means of
concur
violence at all cannot commit sedition.
It is immaterial if the object be completely
5. Common crimes are not absorbed in sedition.
attained. Mere public uprising for any of the
NOTE: Concurrence of public uprising and objectives mentioned in Art. 139 is punishable.
purpose of sedition is required. When one However, public uprising and an object of sedition
is absent, it is not sedition. must concur.
Rule on Absorption of Crimes

General Rule: Common crimes are not absorbed
in sedition.
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Exception: Sedition absorbs the use of unlicensed ART. 140. PENALTY FOR SEDITION PERSONS
firearms as an element thereof, pursuant to RA LIABLE
No. 8294.
1. Leader of the sedition (Prision Mayor in its
minimum period and a fine not exceeding P2
Million); and
2. Other persons participating in the sedition
(Prision correccional in its maximum period
and a fine not exceeding P1 Million)
ART. 141. CONSPIRACY TO COMMIT

SEDITION
• There must be an agreement and a decision to

rise publicly and tumultuously to attain any of the
objects of sedition in order to constitute the
crime of conspiracy to commit sedition.
• There is no proposal to commit sedition.
• Persons committing conspiracy to commit
sedition shall be punished by Prision
correccional in its medium period and a fine not
exceeding P400,000.
ART. 142. INCITING TO SEDITION

PUNISHABLE ACTS
any person who, without taking any

direct part in the crime of sedition,
should incite others to the
accomplishment of any of the acts
Definition which constitute sedition, by means
of speeches, proclamations,
writings, emblems, cartoons,
banners, or other representations
tending to the same end
INCITING OTHERS TO
SEDITION
i) That the offender 2oes not take
a direct part in the crime of
sedition;
ii) That he Incites others to the
accomplishment of any of the
acts which constitute sedition;
Elements:
and
iii) That the inciting is done by
means of apeeches,
Proclamations, Writing,
emblems, Cartoons,
Banners, or other
representations tending to the
same end.
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Prision corrpccional in its maximum It is ordinarily an act of the accessory after that
Penalty fact, but under this provision, the act is treated
and a:fine not exceeding P400,000.
and punished as that of the principal.
Punishable Acts
Reason why seditious utterances are
1. Inciting others to sedition by means of
prohibited
speeches, proclamations, writings, emblems,
If the State were compelled to wait until the
cartoons, banner or other representations
tending to the same end; apprehended danger became certain, then its
2. Uttering seditious words or speeches, which right to protect itself would come into being
tend to disturb the public peace; simultaneously with the overthrow of the
3. Writing, publishing, or circulating scurrilous Government, when there would be neither
libels against Government or any of its duly prosecuting officers nor courts for the
constituted authorities; enforcement of the law.
4. Knowingly concealing such evil practices
UTTERING AN9 WRITING: WHEN

PUNISHABLE (ACTS 2 & 3)
1. When they tend to disturb or obstruct any
public 9fficer in executing the functions of his
office; or
2. When they tend to instigate others to cabal and
meet together for unlawful purposes; or
3. When they suggest or incite rebellious
conspiracies or riots; or
4. When they lead or tend to stir up the people
against the lawful authorities or to disturb the
peace of the community, the safety and order
of the government.
TWO RULES RELATIVE TO SEDITIOUS

WORDS
1. Clear and present danger rule
a. Danger -should be both clear and
imminent;
b. .Reasonable ground to believe that the
danger apprehended is imminent and
that the evil to be prevented is a serious
one to the State; and
c. Present time element. Not only probable
but very likely inevitable.
2. Dangerous tendency rule

a. Tend to create a danger of public
uprising;
b. Eaeily_produces disaffection; and
c. Produces state of feelings incompatible
with a disposition to remain loyal to the
government.
Scurrilous
It means low, vulgar, mean or foul (REYES)
Knowingly concealing such evil practices
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CHAPTER 2: CRIMES AGAINST POPULAR ART. 144. DISTURBANCE OF PROCEEDINGS

REPRESENTATION
Definition Any person who disturbs the
SECTION 1.— CRIMES AGAINST LEGISLATIVE
BODIES AND SIMILAR BODIES meetings of either the Congress or of
any provincial board or city or
ART. 143. ACTS TENDING TO PREVENT THE municipal council; or in the presence
MEETING OF THE ASSEMBLY AND SIMILAR of any such bodies should behave in
BODIES such manner as to interrupt its
proceedings or to impair the respect
Definition Any person who by force or fraud due it.
prevents the meeting of either of the
Elements i) An Actual Meeting of Congress or
Congress or of any provincial board or
any of its committees,
municipal council. constitutional commissions or
committees or divisions thereof,
Elements: ' A Erojected or Actual Meeting of
or of any provincial board or city
Congress or any of its committees
or municipal council or board; and
or subcommittees, constitutional
ii) That the offender does any of the
commissions or committees or
following acts;
divisions thereof, or of any a. he pisturbs any of such
provincial board or city or
meetings; or
municipal council or board; and
b. he behaves while in the
ii) That the offender, who may be any presence of any such
person, prevents such meeting by bodies in such a manner
force or Eraud. as to Interrupt its
proceedings or to impair
Penalty Prision correccional or a fine ranging the respect due it.
from P40,000 to P400,000 or both
Penalty Arresto Mayor or a fine from P40,000

NOTE: to P200,000
The Chief of Police and mayor who prevented the
meeting of the municipal council are liable under
Art. 143, when the defect of the meeting is not NOTE:
manifest and requires an investigation before its Accused may also be punished for contempt by the
existence can be determined. legislative body.
JUST CAUSE Where to File complaint

Complaint for disturbances of proceedings must
• If there is just cause for preventing a meeting, be filed by a member of the legislative body.
the person doing so is not liable under this
article.
When disturbance created by participant
• Just cause must appear immediately and must Disturbances created by a participant in the
not be one assumed and proven later by an meeting is not covered by Art.144
investigation.
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\
SECTION 2. — VIOLATION OF a. Unless the member is charged with a crime

PARLIAMENTARY IMMUNITY with a penalty higher than Prision mayor;
b. However, to harmonize with the 1987
ART. 145. VIOLATION OF PARLIAMENTARY Constitution, the RPC provision should be
IMMUNITY read as "a penalty of Prision mayor or
higher".
Definition 1. Any person who shall use force,
NOTES: Actual prevention not necessary
intimidation, threats or fraud to
prevent any member of either • It is not necessary that a member of Congress is
House of the Legislature from actually prevented from attending, expressing
attending the meetings thereof, his opinion, or voting.
from expressing his opinions or
• It -is sufficient that offender had-the purpose and
casting his vote
performed overt acts to achieve such purpose.
2. Any public officer or employee
who 'shall, while the Legislature
PARLIAMENTARY IMMUNITY
is in session, knowingly arrest or
search any member thereof, • Protects from ciyil and criminal liability.
except in case such member has
committed a crime punishable, • Does not protect a member of Congress from
under this Code by a penalty responsibility before the legislative body itself
whenever that member's conduct is considered
higher than prision mayor.
inappropriate or unbecoming.
• Other members may, by votation, opt to suspend,
imprison, or expel unruly or otherwise erring
Elements: A. Prevent attendance, expression
members of Congress.
of opinion, or casting of vote
i) Means: force, intimidation,
Note:
threats, or fraud; -
ii) Purpose: To prevent any Art VI of the 1987 Constitution states that; "A
member of the National Senator or Member of the house shall in all
Assembly from; offenses punishable by not more than 6 years
1. Attending a meeting; imprisonment, be privileged from arrest while
2. Expressing opinion; or Congress is in session", while Art.145 of the
3. casting vote. RPC states penalty higher than prision mayor.
B. Arresting or searching member To be consistent with Constitution, the
while Congress is in regular or Constitution should prevail over Art.145, and
special session the Constitution says "6 years", not prision
i) Offender: Public officer or mayor.
employee;
ii) Arrests or searches any
member of Congress;
iii) During regular or special
session; and
iv) Member searched/arrested
has not committed a crime
punishable by prision mayor
or higher.
Penalty Prision Mayor
PUNISHABLE ACTS
1. Using force, intimidation, threats, or fraud to
prevent attendance, expression of opinion, or
casting of vote, of any member of Congress;
2. Arresting or searching member while Congress
is in regular or special session;
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SECTION 2. — VIOLATION OF Penalty 1. Leaders: Prision Correccional in

PARLIAMENTARY IMMUNITY its minimum and medium and a
fine not exceeding P1,000
CHAPTER 3: ILLEGAL ASSEMBLIES AND 2. Persons merely present at such
ASSOCIATIONS meeting: Arresto mayor
ART. 146. ILLEGAL ASSEMBLIES TWO TYPES
OF ILLEGAL ASSEMBLIES PRESUMPTIONS WHEN A PERSON
CARRIES UNLICENSED FIREARM TO THE
Definition Any meeting attended by armed ASSEMBLY
persons for the purpose of 1. Purpose of the meeting is to commit a crime
under the RPC insofar as he is concerned; and
committing any of the crimes
2. Possessor is a leader or organizer of the
punishable under this Code, or of meeting.
any meeting in which the audience
is incited to the commission of the PERSONS LIABLE FOR ILLEGAL
crime of treason, rebellion or ASSEMBLY
insurrection, sedition, or assault 1. Organizers or leaders of the meeting; and
upon a person in authority or his 2. Persons merely present at the meeting (except
agents when presence is out of curiosity — not liable
since they do not
Elements: A. Meeting attended by armed
persons for the purpose of Meeting
committing any of the crimes The word 'meeting' shall be understood to include
punishable under the RPC a gathering or group, whether in a fixed place or
i) There is a Meeting moving,
gathering or group of
persons whether fixed or
Note: Not all the persons present at the meeting
moving;
ii) Meeting is attended by of the first form of illegal assembly must be
Armed persons; and armed, it is sufficient that at least 2 persons are
iii) The Purpose of meeting is armed. If none of the persons present in the
to commit any of the crimes meeting are armed, there is no crime of illegal
punishable under RPC assembly.
B. A meeting in which the
audience, whether armed or Forms of Ille al Assembly Compared
not, is incited to the commission FIRST KIND SECOND KIND
of the crimes of treason,
rebellion or insurrection, As to the persons attending
sedition or assault upon a The persons The persons
person in authority or his agent; attending are armed attending may be
i) There is a Meeting — persons armed or not
gathering or group of
persons whether fixed or As to the purpose
moving; and To commit any To commit the crime
ii) Audience Whether armed crime punishable of treason, rebellion
or Not is incited to the under the RPC or insurrection,
commission of the crime of sedition or assault
treason, rebellion or
insurrection, sedition or upon a person in
direct assault. authority or his
agents
Effect when Audience incited

If the audience is incited to commit rebellion or
sedition, the crimes committed are illegal
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assembly as regards the organizers or leaders ART. 147. ILLEGAL ASSOCIATIONS

and persons merely present and inciting to
rebellion or sedition insofar as the one inciting Definition Associations totally or partially
them is concerned. organized for the purpose of
committing any of the crimes
punishable under this Code or for
some purpose contrary to public
morals
Penalty a. Founders, directors and Presidents:

Prision correccional in its minimum
and medium periods and a fine not
exceeding P200,000;
b. Mere members: Arresto mayor
KINDS OF ILLEGAL ASSOCIATIONS

1. Those totally or partially organized for the
purpose of committing a felony; and
2. Those totally or partially organized for
purposes contrary to public morals.
PERSONS LIABLE
1. Founders and Presidents; and
2. -Members.
Public Morals
Refers to matters which affect the interest of
society and public convenience and is not limited
to good customs
DISTINGUISHING ILLEGAL ASSEMBLY FROM

ILLEGAL ASSOCIATIONS
ILLEGAL ILLEGAL
ASSOCIATION ASSEMBLY
Not necessary that Actual meeting or
there be an actual assembly necessary;
meeting;
It is the act of forming It is the meeting and
or organizing and attendance at such
membership in the meeting that are
association that are punished; and
punished; and
Persons liable: Persons liable:
founders, directors, organizers, or
president, and leaders, and persons
members. present at the
meeting.
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DAR OPERATIONS 2019 CRIMINAL LAW
Even acts contrary Held in connection CHAPTER 4: ASSAULT UPON AND

to public morals are with crimes RESISTANCE AND DISOBEDIENCE TO
PERSONS IN AUTHORITY AND THEIR
included, thus may punishable by RPC AGENTS
include crimes
punishable by ART. 148. DIRECT ASSAULT
special laws.
Any person or persons who, without
a public uprising, shall employ force
or intimidation for the attainment of
any of the purpose enumerated in
Definitio defining the crimes of rebellion and
sedition, or shall attack, employ
force, or seriously intimidate or resist
any person in authority or any of his
agents, while engaged in the
performance of official duties, or on
occasion of such performance
Elements It will depend on the form of Direct

Assault.
When the assault is committed
with a weapon; when the
offender is PO/E; or when the
offender lays hands upon a
person in authority:
Prision correccional: Medium and
maximum periods
Penalty Fine: Not exceeding P 200,000
If none of the circumstances

above is present:
Prision correctional: Minimum
period
Fine: Not exceeding P 100,000
TWO FORMS OF DIRECT ASSAULT

1. Without public uprising, by employing force
or intimidation for attainment of any of the
purposes enumerated in defining the crimes of
rebellion and sedition (1st Form);
ELEMENTS: F-IN AIM NO PU (3)
a. Offender employs Eorce or Intimidation;
b. AM of offender is to attain any of the
purposes of the crime of rebellion or
sedition; and
c. That there is NO Public uprising.
NOTES:
Offended party here may be a private person
2. Without public uprising, by attacking, by

employing force or by seriously
intimidating or by seriously resisting any
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BAR OPtRATIONS 2019 CRIMINAL LAW
person in authority or any of his agents, while Resistance to the person in authority or his
engaged in the performance of official duties, agent must be active to constitute a crime
or on the occasion of such performance. (2nd under this article. It cannot be passive, as
form) when one throws himself on the ground and
refuses to follow orders given by a person in
ELEMENTS: 0 KNOWS A-F-SI-SR PAPA ayttaprity to move.
OR N.P.0 Even when the person in authority or the
1. Offender (a) makes an attack, (b) employs agent agrees to fight, direct assault is still
Brae, (c) makes alerious Intimidation, or (d) committed.
makes, a lerious Ee‘sistance; Even another person in authority can be guilty
2. Person as,saalted Is a Eerson in authority or of assault upon a person inapthority or his
his agent; agent. However, there can be no assault
3. At the time of the assault the person in upon or disobedience to one's
authority or his agent authority by another person in authority or his
a. is engaged- in the actual performance of agent when they both contend that they were
official duties in the exercise of their respective duties.
(motive is, not essential);x A person in authority or his agent is not in the
b. is assaulted by reason of the past actual performance of official duties when he:
performance of official duties (motive is a Exceeds his powers,
essential); o Uses unnecessary force or
4. That the offender knows that the one he is violence, or
assaulting is a !Del-soh—in authority or his agent o Descends into matters, which are
(with, intention to offend, injure or assault); and private in nature.
5. No Eublic uprising. Knowledge of the accused that the victim is a
person in authority or his agent is essential and
NOTES: such Knowledge must be alleged in the
Offended ,part here is either a person in information.
authority of an agent of a person in authority. Evidence of motive of the offender is important
When the offended party is no longer a person when the person in authority or his agent who
in authority (retired judge), the offender cannot is attacked or seriously intimidated is not in the
be held liable for direct assault even if the actual performance of his official duty.
attack is by reason of the former's past Direct assault may be committed upon a
performance of official duties. private person who comes, to the aid of a
person in authority since he is then considered
REQUIRED DEGREE OF FORCE, an agent of a person in authority.
INTIMIDATION, OR RESISTANCE FOR Direct assault cannot be committed during
LIABILITY TO ATTACH UNDER THIS rebellion. crime of slight physical injuries is
ARTICLE absorbed in direct assault.
• One's right against unreasonable searches to
FORCE INTIMIDATION/ be conducted in the middle of the night when
EMPLOYED RESISTANCE the officers are limited to "plain view search"
cannot be equated to disobedience
Person in Need not be Serious
Authority serious QUALIFYING CIRCUMSTANCES
When the assault is committed with a weapon;
Must be of When the offender is a public officer or
Agent serious Serious employee; or
character When the offender lays hand upon a person in
authority
GENERAL RULE:. Direct assault is always
complexed with the material consequence of
the act (Ex. direct assault with murder).
EXCEPTION: If resulting in a light felony, the

consequent crime is absorbed.
NOTES:
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ART. 149. INDIRECT ASSAULT ART. 150. DISOBEDIENCE TO SUMMONS

ISSUED BY THE CONGRESS, ITS
COMMITTEES OR SUBCOMMITTEES, BY THE
Any person who shall make use of
CONSTITUTIONAL COMMISSION, ITS
force or intimidation upon any
COMMITTEES, SUBCOMMITTEES, OR
Definitio person coming to the aid of the
authorities or their agents on DIVISIONS.
occasion of the commission of any of
the crimes defined in the next Any person who, having been duly
preceding article. summoned to attend as a witness
before the National Assembly,
V-PAPA FIN ON AID (3)
(Congress), its special or standing
1. A Berson in Authority or Agent
committees and subcommittees, the
is the
Constitutional Commissions and its
victim of any of the forms of direct
Elements assault in the previous article; committees, subcommittees, or
divisions, or before any commission
2. A Berson comes to the Aid of
or committee chairman or member
such victim; and
authorized to summon witnesses,
3. Offender makes use of Force or
refuses, without legal excuse, to
Intimidation upon such person.
obey such summons, or being
Definitio present before any such legislative
Prision correccional: Minimum and or constitutional body or official,
Penalty medium periods refuses to be sworn or placed under
Fine: Not exceeding la 100,000 affirmation or to answer any legal
inquiry or to produce any books,
papers, documents, or records in his
OFFENDED PARTY possession, when required by them
May be a private person. to do so in the exercise of their
A private person who comes to the rescue of functions.
an authority or his agent enjoys the privileges
of the latter. Any person who shall restrain
another from attending as a witness,
NOTES: or who shall induce disobedience to
• Direct assault must have been committed first a summon or refusal to be sworn by
before this article can be applicable. any such body or official.
• If, while a person in authority or his agent is
performing his duty and someone helps him, Elements
and then the helper is attacked by a person, N/A
without however attacking the person in
authority or agent, it is not indirect assault. Penalty
Arresto mayor
Fine: P 40,000 to P 200,000
PUNISHABLE ACTS
1. By refusing, w/o legal excuse, to obey
summons issued by the Congress or any of
its committees or subcommittees,
Constitutional committees or by any
commission or committee chairman or
member authorized to summon witnesses;
2. Refusal of any person present before a
legislative or constitutional body or official to:
to be sworn or placed under
affirmation;
3. By refusing to answer any legal inquiry; or to
produce books, documents, records etc.
when required to do so by the said bodies in
the exercise of their functions;
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BAR °PERM-IONS 2019 CRIMINAL LAW
4. Restraining another from attending as NOTE:

witness in such body; or Qnly agents can be the victims of simple
5. Inducing disobedience to a summons or disobedience
refusal to be sworn.
DISOBEDIENCE
ART. 151. RESISTANCE AND DISOBEDIENCE The disobedience must be a failure to comply
TO A PERSON IN AUTHORITY OR THE with orders directly issued by authorities to the
AGENTS OF SUCH PERSONS person in the exercise of official functions.
The disobedience contemplated under this
article is not disobedience to a law or a failure
Any person who not being included to comply with some legal provision.
in the provisions of the preceding • The word "serious" in this article refers only to
articles shall resist or seriously disobedience, and not to resistance. Serious
Definitio disobey any person in authority, or resistance is punished under Art. 148.
the agents of such person, while
engaged in the performance of NON-DELIBERATE
official duties. This disobedience ATTACK OR
EMPLOYMENT OF FORCE
may be simple or serious. If it is not deliberate, it is only resistance or
Elements serious disobedience.
It will depend on the act. A no,n7deliberate attack shows a lack of intent
to ignore, disregard, or defy authority.
For Rescstance Serious
Disobedience: NOTE: No crime
Arresto Mayor 1. When accused did not have knowledge that the
Fine: Not exceeding P 100,000 person arresting him was a peace officer and
Penalty he resisted; and
For simple disolpedience: 2. When person in authority or agent exceeds his
Arresto menor rights and duties.
Fine: P 2,000 to P 20,000
DISTINGUISHING DIRECT ASSAULT FROM
RESISTANCE AND SERIOUS
PUNISHABLE ACTS DISOBEDIENCE
1. Resistance or serious disobedience; and
2. Simple disobedience. DIRECT ASSAULT RESISTANCE OR
SERIOUS
ELEMENTS OF RESISTANCE OR SERIOUS
DISOBEDIENCE
pisobEbiENCE PAPA 0 RSD (3) Authority/agent must The persons in
1. Person in Authority or his Agent is engaged in be in performance of authority or his agent
performance of official duties; official uties or was
2. The Qffender gesists Or Seriously_Qisobeys; must be in actual
assaulted by reason performance of his
and -thereof; duties;
3. Acts of the offender are not included in Arts.
Committed in 4 ways: Committed only by
148-150 1) attacking, resisting or
2) employing force, seriously
NOTE: There can be no resistance and serious
3) seriously disobeying a
disobedience on occasion of the performance of intimidating,
official duties. There always has to be an actual person in authority
4) seriously resisting; or his agent; and
performance of duties when the resistance or and
serious disobedience is made.
Attack or employment No force is employed,
of force must be or if person resisted is
ELEMENTS OF SIMPLE DISOBEDIENCE:
serious and deliberate only agent, only slight
EQ-D-,ItIS (3)
1. Agent is ngaged in the performance of official force is used
duty or gives a lawful order;
2. Offender gisobeys such duty; and
3. Disobedience is Not of a Serious nature.
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ART. 152. PERSONS IN AUTHORITY AND CHAPTER 5: PUBLIC DISORDERS

AGENTS OF PERSONS IN AUTHORITY —
ART. 153. TUMULTS AND OTHER
WHO SHALL BE DEEMED AS SUCH
DISTURBANCES OF PUBLIC ORDER
PERSONS IN AUTHORITY
Directly vested with jurisdiction, whether as an Definitio Any person who shall cause any
individual, or as a member of some court or serious disturbance in a public
governmental corporation board or place, office, or establishment, or
commission. shall interrupt or disturb public
• One who has the power or authority to govern performances, functions or
and execute laws. gatherings, or peaceful meetings, if
• Not every public officer is a person in authority. the act is not included in the
provisions of Articles 131 and 132.
AGENTS
Those who, by direct provision of law, or by Elements It will depend on the act
election, or appointment by competent
authority, are charged with the maintenance of
public order and the protection and security of Penalty The penalty of Arresto mayor in its
life. medium period to Prision
Any person who comes to the aid of persons in correccional in its minimum period
authority. and a fine not exceeding Two
hundred thousand pesos (P200,000)
NOTE: In applying the provisions of Articles 148 shall be imposed upon any person
and 151 of the RPC, teachers, professors and who shall cause any serious
persons charged with the supervision of public or disturbance
duly recognized private schools, colleges and
universities, and lawyers in the actual performance The penalty of Arresto menor and a
of their professional duties or on the occasion of fine not to exceed Forth thousand
such performance, shall be deemed persons in pesos (P40,000) upon those
authority. (P.D. No. 299, and Batas Pambansa Blg. persons who in violation of the
873) provisions contained in the last
clause of article 85 shall bury with
pomp the body of a person who has
been legally executed.
PUNISHABLE ACTS
1. Causing any serious disturbance in a public
place, office, or establishment;
2. Interrupting or disturbing performances,
functions, or gatherings, or peaceful
meetings, if the act is not included in Arts. 131
and 132;
3. Making any outcry tending to incite rebellion
or sedition in any meeting, association, or
public place;
4. Displaying placards or emblems which
provoke a disturbance of public order in such
place; and
5. Burying with pomp the body of a person who
has been legally executed.
QUALIFYING CIRCUMSTANCE
If the 1st or 2 nd act is tumultuous in character,
the penalty next higher in degree shall be
imposed.
TUMULTUOUS — caused by more than 3
persons who are armed or provided with
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means of yiolence. ART. 154. UNLAWFUL USE OF MEANS OF

PUBLICATION AND UNLAWFUL
NOTES: UTTERANCES
• Serious disturbance must be planned or
intended.
• If the act of disturbing or interrupting a meeting Definition See Punishable Acts Below
or religious worship is committed by a private
individual, or even by a public officer who is a Elements: N/A
participant in the meeting or religious worship —
which hq disturbs or interrupts, this article is Arrest? Mayor and a fine from
Penalty
applicable. P40,000 to P200,000
This crime may be complexed with physical
injuries if, in the course of causing a PUNISHABLE ACTS
disturbance, offenders injure other people. 1. Publishing or causing to be published, by
(People v. Bacolod, 89 Phil. 621 as cited in means of printing, lithography or any other
Reyes) means of publication as news any false news
Burying with pomp means ostentatious display which may endanger the public order, or
of a burial. cause damage to the interest or credit of the
State;
DISTINGUISHING INCITING TO SEDITION 2. Encou,raging disobedience to the law or to
OR REBELLIONfROM PUBLIC DISORDER the constituted authorities or by praisina,
justifying or extolling any act punished by law,
INCITING TO 3rd ACT by the same means or by words, utterances or
SEDITION OR PUNISHABLE UNDER speeches;
REBELLION TUMULTS AND 3. Maliciously publishing or causing to be
OTHER published any official resolution or
DiSTURBANCES OF document without proper authority, or before
PUBLIC DISORDER they have been published officially; and
, 4. Printing, _publishing or distributing or (causing
May be done through Done only through
speech or writing; speech (outcry); the same) books, pamphlets, periodicals or
leaflets which do not bear the real printer's
Done with intsnt to More of an unconscious name, or which are classified as
induce the hearers or ,outburst which is not anonymous.
readers to commit-the intentionally calculated
crime of rebellion or to induce others to NOTES:
sedition; and • Actual public disorder or actual damage to the
commit such crimes;
and credit of the State is not necessary. The mere
possibility of causing such danger or damage
is sufficient.
The nature of the speeches in both acts are R.A. 248 prohibits the reprinting, reproduction
either rebellious or seditious. or republication of government publications
and official documents without previous
authority.
Page 114 ot 211

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ART. 155. ALARMS AND SCANDALS ART. 156. DELIVERING A PERSON FROM JAIL
PUNISHABLE ACTS: any person who shall remove from

1. Discharging any firearm, rocket, firecracker, Definitio any jail or penal establishment any
or other explosive within any town or public person confined therein or shall help
place, calculated to cause (which produces) the escape of such person
alarm or danger;
2. Instigating or taking active part in any 1. Person is confined in jail or
charivari or other disorderly meeting offensive penal establishment; and
to another or prejudicial to public tranquility; Elements 2. Offender removes such person
3. Disturbing the public peace while wandering there from or helps the escape
about at night or while engaged in any of such person.
other nocturnal amusement; and
4. Causing any disturbance or scandal in
public places while intoxicated or otherwise, Committed by violence, intimidation,
provided the act is not covered by Art. 153 or bribery: Arresto Mayor Max to
(tumults). Prision Correccional Min
Penalty
NOTES: Other means: Arresto Mayor
• CHARIVARI — mock serenade or
discordant noises made with kettles,tin horns etc., Surprising the guards: Same
designed to deride, insult or annoy. penalties in minimum period
• Firearm must not be pointed at a
person, otherwise, it is illegal discharge of APPLICABILITY OF ARTICLE
firearm (Art. 254). Applicable even if escapee is merely a
• For discharging any firearm, etc, the act must detention prisoner. •
produce alarm or danger as a consequence. It Applicable if escapee came from a hospital or
is the result, not the intent, that counts asylum as these are considered extensions of
• Using firecrackers during fiestas are not the penal institution.
punishable under this article.
POSSIBLE OFFENDERS
This crime is usually committed by an outsider.
May be committed by an employee, provided
that he does not have custody or charge of
such a person, or is otherwise off duty.
VIOLATION, INTIMIDATION, OR BRIBERY

• Not necessary elements of the offense. The
offense can be committed by employing "other
means."
The offender is penalized with a higher penalty
if he commits the crime using violence,
intimidation, or bribery.
Bribery as contemplated in this article
— the act of bribing someone as a means to remove
prisoner from jail, not the act of accepting a bribe.
LIABILITY:
• Person delivering detainee from jail may be
held liable as an accessory if the person
helped has committed treason, murder, or
parricide, because the person delivering
assists in the escape of the principal.
• A prisoner who leaves cannot be held liable
under this article.
0 If he is a prisoner by final judgement, he may be
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liable Uncler Art. 157. CHAPTER 6: EVASION OF SERVICE OF

0 If he is merely a detention prisoner, he is not SENTENCE
liable since he has no sentence to be evaded.
ART. 157. EVASION OF SERVICE OF
SENTENCE
any convict who shall evade service

Definitio of his sentence by escaping during
n the term of his imprisonment by
reason of final judgment.
1. -That the offender is a convict by
final judgment;
2. That he is serving his sentence
Elements which consists in deprivation of
liberty (destierro included); and
3. That he evades the service of
his sentence by escaping during
the term of his sentence
Prision correccional: Med and max

Penalty ,
Qualified Evasion of Sentence:
Prision Correccional: Max
NOTES:
• This is a continuing offense.
• This article does not apply, to minor
delinquents, detention prisoners, or deportees.
If the offender escaped within the 15- day
appeal period, crime is not evasion because
judgment is not yet final.
CIRCUMSTANCES QUALIFYING THE

OFFENSE: EVASION OF SENTENCE WAS
DONE THROUGH:
1. Unlawful entry (by "scaling");
2. Breaking doors, windows, gates, walls, roofs or
floors;
3. Using picklocks, false keys, disguise, deceit,
violence or intimidation; or
4. Connivance with other convicts or employees
of the penal institution.
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ART. 158. EVASION OF SERVICE OF ART. 159. OTHER CASES OF EVASION OF

SENTENCE ON THE OCCASION OF SERVICE OF SENTENCE
DISORDERS, CONFLAGRATIONS,
EARTHQUAKES, OR OTHER CALAMITIES The convict who, having been
Definitio granted conditional pardon by the
A convict who shall evade the Chief Executive, shall violate any of
service of his sentence, by leaving the conditions of such pardon
the penal institution where he shall
have been confined, on the occasion 1. That the offender was a convict;
Definitio 2. That he was granted a
of disorder resulting from a
conflagration, earthquake, conditional pardon by the Chief
Elements
explosion, or similar catastrophe, or Executive; and
during a mutiny in which he has not 3. That he violated any of the
participated, conditions of such pardon.
1. Offender is convict by final

judgment confined in a penal 1. Prision correccional in its
institution; minimum period — if the penalty
2. There is a disorder resulting remitted does not exceed 6
from conflagration, earthquake, Penalty years.
explosion, similar catastrophes, 2. The unexpired portion of his
or a mutiny in which the offender original sentence — if the penalty
did not participate; remitted is higher than 6 years.
3. The offender subsequently
Elements
evades the service of his NOTE: Offender must have been found guilty of
sentence by leaving the penal the subsequent offense (through w/c he violated
institution; and his conditional pardon) before he can be
4. Offender fails to give himself up prosecuted under this Article. But under the
to the authorities within 48 hours Revised Admin. Code, no conviction is necessary.
following the issuance of a President has the power to arrest, and
proclamation by the Chief reincarcerate offender without trial.
Executive announcing the
passing away of such calamity.
an increase of one-fifth of the time

still remaining to be served under the
Penalty
original sentence, which in no case
shall exceed six months,
NOTES:
• Applicable only to convicts by final judgment.
• What is punished is not the leaving of the penal
institution, but the failure of the convict to give
himself up.
• If the offender fails to give himself up, the
offender shall suffer an increase of 1/5 of the
time still remaining to be served under the
original sentence, which will not exceed six
months.
• MUTINY — an organized and unlawful
resistance to a superior officer.
0 There is no mutiny if the prisoners disarmed the
guards and escaped, because the guards are not
their superior officers.
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BAR OPERATIO
_ __ _ NS 201,9 CRIMINAL LAW
CHAPTER 7: COMMISSION OF ANOTHER PARDON

CRIME DURING SERVICE OF PENALTY When one reaches the age of 70 and he has
IMPOSED FOR ANOTHER PREVIOUS served out his original sentence, he may be
OFFENSE_ pardoned.
He may also be pardoned if hefinishes serving
ART. 160. COMMISSION OF ANOTHER CRIME the original sentence only after he reaches 70.
DURING SERVICE OF PENALTY IMPOSED Reasons for not pardoning person
FOR ANOTHER PREVIOUS OFFENSE 1. Habitual criminal; or
2. If his conduct or other circumstances-shows he
any person who shall commit a is not worthy of such clemency.
felony after having been convicted
Definitio —END OF TOPIC
by final judgment, before beginning
to serve such sentence, or while
serving the same
That the pff,ender was already

convicted by final judgment of
Elements one offense; and
2. That he committed a new felony
before beginning to serve
such sentence or while serving
the same.
I /
Maximum period of the new felony

Penalty
Not-habitual criminal: Pardoned at
the age of 70
QUASI-RECIDIVISM
Special aggravating -circumstance. The effect
is to impose themaiimum period applicable for
the subsequent felony.
Cannot be offset by ordinary mitigating
circumstances, but only privileged ones, such
as minority.
Quasi recidivism involves two crimes.
• The 1st one may be any crime, whether
punished under the RPC or special laws.
The 2nd one, which is committed before
serving sentence for the first one, or while
serving the same, should be a felony.
• This is because Art. 160 speaks of "the
maximum period" of the penalty prescribed by
law for the new felony.
• Penalties prescribed by special laws have no
periods, unlike felonies in the RPC.
• Does not require that both crimes are
embraced in the same title of-the Code.
Different from reiteracion, which requires that
the offender first finishes serving out his
sentence before committing another crime.
Different from recidivism, where the first and
second offense must be embraced in the same
title of the Code.
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D. cRings AGAINST PUBLIC INTEREST penalty one degree lower than that provided in the
next preceding article, even if his act is that of an
CHAPTER 1: FORGERIES accessory to the crime of counterfeiting the great
seal or forging the stamp or signature.
SECTION 1 — FORGING THE SEAL OF THE
GOVERNMENT OF THE PHILIPPINE ISLANDS, SECTION 2— COUNTERFEITING COINS
THE SIGNATURE OR THE STAMP OF THE
CHIEF ART. 163. MAKING, UTTERING, AND
IMPORTING FALSE COINS
ART. 161. COUNTERFEITING THE GREAT
SEAL OF THE GOVERNMENT OF THE Any person who makes, imports, or
PHILIPPINE ISLANDS, FORGING THE Definitio
utters false coins, in connivance with
SIGNATURE OR STAMP OF THE CHIEF counterfeiters or importers
EXECUTIVE
1. There are false or counterfeited
1. Forging the Great Seal of the coins;
Government; 2. Offender made, imported, or
Elements
Definitio 2. Forging the signature of the uttered said coins; and
President; and 3. In case of uttering, offender
3. Forging the stamp of the should be in connivance with
President. either counterfeiter of importer.
Elements Prision mayorin min and med,

N/A and a fine not to exceed
P400,000, if the counterfeited
Penalty Reclusion Temporal cons be any of the coinage of
the Philippines
Penalty
2. Prision correccional in its min
NOTE: and a fine of not to exceed
When the signature of the President is forged, it is P200,000 if the counterfeited
not falsification but forging of signature of the Chief coin be currency of a foreign
Executive under this article. country
ART. 162. USING FORGED SIGNATURE OR

COUNTERFEIT SEAL OR STAMP NOTES:
• A coin is counterfeit if it is forged, or if it is not
authorized by the government as legal tender,
Any person who shall knowingly regardless of its intrinsic value.
Definitio make use of the counterfeit seal or • Counterfeiting is the imitation of legal or
forged signature or stamp genuine coin such as to deceive an ordinary
mentioned in the preceding article person in believing it to be genuine.
• To utter is to pass counterfeited coins, sell,
1. Great seal was counterfeited or deliver or give away.
signature/stamp forged; • To import is to bring them into port. Importation
Elements 2. Offender knew of such is complete even before entry at the Customs
counterfeiting or forgery; and House.
3. Offender uses such fake seal, • This article also applies to Philippine coins,
stamp, or signature. foreign state coins, and coins withdrawn
from circulation. This does not require that
Penalty Prision Mayor the coins counterfeited be legal tender.
• When a real coin is made to appear like a coin
NOTES: with higher value by painting, etc. the crime is
The offender in this article should not be the estafa because the coin is genuine.
one who did the counterfeiting or forgery,
otherwise, he will be liable under the previous
paragraph.
Offender is punished under this article with a
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ART. 164— MUTILATION OF COINS; ART. 165. SELLING OF FALSE OR MUTILATED

IMPORTATION AND UTTERANCE OF COINS COINS WITHOUT CONNIVANCE
.. . _
. Mutilating coins of legal . Possession with intent to
currency with the further utter coin counterfeited or
requirement that there be intent Definitio mutilated by another; and
to damage or to defraud another; n . Actually uttering, while
Definitio and knowing coins to be false or
n 2. Importing or uttering such mutilated.
mutilated coin with the further _
requirement that there must be Elements
It will depend on the act.
connivance with the mutilator or
importer in case of uttering.
One degree lower than the
Penalty
Elements prescribed penalty in said articles
N/A
Prision correccional in min and fine ELEMENTS OF ACT NO. 1 (3)

Penalty - 1. Possession
not to exceed P400,000
• Covers possession in general, from actual
NOTES possession to constructive possession;
2. Intent to utter; and
Mutilation is to take off part of the metal either
3. Knowledge that the coins are forged/mutilated.
by filing it or substituting it for another metal of
inferior quality, to diminish by ingenious means
ELEMENTS OF ACT NO. 2 (2).
the metal in the coin.
1. Actually uttering such coins; and
• Foreign NOTES and coins not included under
9. Knowledge that the coins are forged/mutilated.
this article. Mutilation must be of Philippine
legal tender.
LEGAL TENDER
• There must be intention to mutilate.
1. This article does not require that the coin being
• Coins must always be real and legal tender.
• uttered is legal tender.
Mutilating alone is punishable, but importing or
2. But if the coin being uttered or possessed is a
uttering must be concurrent with connivance.
mutilated coin, it must be legal tender,
because of Art. 165.
PUNISHING POSSESSION AND

UTTERANCE
1. The possession or utterance punished under
this article is that which is done without
connivance with the original forgers,
mutilators, or importers.
2. If, along with possession or utterance, one is
also the author or the mutilation or forgery, he
will be liable under either Arts. 164 or 165.
3. Possession and utterance must always be with
the knowledge that these are forged or
mutilated coins. Knowledge need not be
expressed, but may be inferred from acts of the
offender.
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SECTION 3— FORGING TREASURY OR BANK bearer or order an appearance of a true and

NOTES, OBLIGATIONS AND SECURITIES; genuine document.
IMPORTING AND UTTERING FALSE OR Falsification is committed by erasing,
FORGED NOTES, OBLIGATIONS AND substituting, counterfeiting or altering by any
SECURITIES means the figures and letters, words, signs
contained therein.
ART. 166. FORGING TREASURY OR BANK Obligation or security includes bonds,
NOTES, OR OTHER DOCUMENTS PAYABLE certificate of indebtedness, bills, national bank
TO BEARER; IMPORTING AND UTTERING NOTES, coupons, treasury NOTES,
SUCH FALSE OR FORGED NOTES OR certificates of deposit, checks, drafts for
DOCUMENTS money, and sweepstakes money.
Forging PNB checks is not included under this
article. That is falsification of commercial
1. Forging or falsification of
document under Article 172.
treasury or banking NOTESs or
other documents; ART. 167. COUNTERFEITING, IMPORTING, OR
2. Importation of such false or
Definitio UTTERING INSTRUMENTS NOT PAYABLE TO
forged obligations or NOTES;
BEARER
and
3. Uttering such in connivance
with the forgers or importers. Any person who shall forge, import
or utter, in connivance with the
Definitio
forgers or importers, any instrument
Elements payable to order or other document
N/A
of credit not payable to bearer
1. By reclusion temporal in its 1. There is an instrument payable
minimum period and a fine not to to order or other document not
exceed Two million pesos payable to bearer;
(P2,000,000), if the document which 2. The offender forges such
Elements
has been falsified, counterfeited, or document or imports or utters
altered, is an obligation or security of such forged instrument; and
the Philippines. 3. In case of uttering, the offender
2. By Prision mayor in its maximum is in connivance with the forgers
period and a fine not to exceed One or importers.
million pesos (P1,000,000), if the
falsified or altered document is a Prision correccional: med and max
circulating note issued by any Penalty and a fine not exceeding
banking association duly authorized P1,200,000
Penalty by law to issue the same.
3. By PrisiOn mayor in its medium NOTE:
period and a fine not to exceed One Applies only to cheques payable to order of a
million pesos (P1,000,000), if the specific person named
falsified or counterfeited document
was issued by a foreign government.
4. By Prisi6n mayor in its minimum
period and a fine not to exceed Four
hundred thousand pesos
(P400,000), when the forged or
altered document is a circulating
note or bill issued by a foreign bank
duly authorized therefor.
NOTES:
• Forging is committed by giving a treasury or
bank NOTES or any instrument payable to
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BAR OPERATIONS 2019 pktIMINAL LAW
ART. 168. ILLEGAL POSSESSION AND USE SECTION 4— FALSIFICATION OF
OF FALSE TREASURY OR BANK NOTES AND LEGISLATIVE, PUBLIC, commeRciAL AND
OTHER INSTRUMENTS OF CREDIT PRIVATE DOCUMENTS, AND WIRELESS
TELEGRAPH AND TELEPHONE MESSAGES
Any person Who shall knowingly use,.
Definitio
or have in his possession, with intent FORGERY 1 FALSIFICATION
to ' use any of the false or falsified Used in Art 169 which The commission of any
instruments referred to in this refers to the of the eight acts
section • falsification and mentioned in Art 171
counterfeiting of on legislative, public or
1. Documents in the preceding treasury or bank notes official, commercial, or
articles ere forged or falsified by or any instruments private documents, or
another person; payable to bearer or wireless, or telegraph
2. Offender knows them to be holder messages
forged or falsified;
Elements
3. He performs any of these acts: ART. 170. FALSIFICATION OF LEGISLATIVE
a. using any of such forged or DOCUMENTS
falsified instruments; or
b. possessing with intent to use
-any of. such forged or falsified Any person who, without proper
instruments. authority therefor alters any bill,
Definitio resolution, or ordinance ena.cled or
Penalty next lower in degree than approved or pending approval by
Penalty
that prescribed in said articles either House of the Legislature or
any provincial board or municipal
NOTES: council
The act sought to be punished is knowingly 1. There is a bill, resolution, or
possessing with intent to use any of such ordinance enacted, approved,
forged treasury or bank notes. or pending approval by
The accused has the burden to give a Congress or any provincial or
satisfactory explanation of his possession of Elements municipal council/board;
forged bills. Mere possession of false money 2. The offender alters it;
bill, without intent to use it to the damage of 3. He has no proper authority to do
another, is not a crime. so; and
A person in possession of falsified document 4. Alteration has changed the
and who makes t.ie of the same is presumed meaning of the document.
to be material author of falsification.
Penalty Prision correccional: Max
ART. 169. HOW FORGERY IS COMMITTED Fine: P1,200,000
WAYS FORGERY IS COMMITTED:

1 Giving any document mentioned in preceding NOTES:
• The bill, resolution, or ordinance must be
articles the appearance of a true/genuine
document; and genuine. This article does not cover a
2. Erasing, substituting, counterfeiting, or altering fabricated or simulated legislative document.
what is in the document. • Qffpndr can be any person, for as long as he
has no authority.
• This article only punishes alteration which
changes its meaning. Any other tampering with
legislative documents is covered under Art.
171 or 172.
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ART. 171. FALSIFICATION BY PUBLIC 1 ST ACT: COUNTERFEITING OR IMITATING

OFFICER OR EMPLOYEE, OR NOTARY OR ANY SIGNATURE, HANDWRITING OR
ECCLESIASTICAL MINISTER RUBRIC
TWO WAYS UNDER THIS PARAGRAPH

Definitio
See the means and acts below 1. COUNTERFEITING — imitating any
handwriting, signature or rubric; and
1. Offender: Public officer, 2. FEIGNING — simulating a signature,
employee, ecclesiastical handwriting, or rubric out of one which does
minister, or notary public; not exist.
2. Takes advantage of his official
position; REQUISITES (2)
Elements 3. Falsifies a document by 1. Intent or attempt to imitate; and
committing any of the acts 2. Some resemblance between the genuine and
mentioned in the article; and forged handwriting, signature, or rubric
4. In case the offender is an
ecclesiastical minister, that the INTENT
falsification be committed with 1. If there is sufficient resemblance between
respect to civil status of persons. the genuine and the forged signatures, it can
be concluded thatthe accused had intention to
Prision mayor and fine not to exceed imitate signature.
Penalty 2. There can be no "intent" to counterfeit or
P1,000,000
imitate if the person had authority to sign.
TAKES ADVANTAGE/ABUSE OF OFFICIAL RESEMBLANCE
POSITION 1. Imitation need not be perfect.
1. He has duty to make or prepare, or otherwise 2. Resemblance must be such that is likely to
intervene in a preparation of a document; and
deceive an ordinary person dealing with the
2. He has the official custody of the documents document
which he falsifies.
2 nd ACT: CAUSING IT TO APPEAR THAT
NOTE: Even if the offender is a public officer or PERSONS HAVE PARTICIPATED IN ANY
employee, if the offense was not committed with
ACT OR PROCEEDING WHEN THEY IN
abuse of office, he will be punished as a private FACT DID NOT SO PARTICIPATE.
citizen.
ELEMENTS (2)
DOCUMENT
1. Offender caused it to appear in a document
1. Any written statement by which a right is that a person has participated in an act or
established or an obligation extinguished. proceeding; and
2. Must be complete or have the appearance of a 2. Persons did not in fact participate.
true and genuine document.
3. Must be of apparent legal efficacy. NOTES:
4. Pars. 6, 8, and the second part of par. 7 Imitation of a signature is not required in this
require a genuine document, while the others article.
do not. If performed by a private person, as with all
acts under Art. 171, Art. 172 should be applied.
NOTE: Even if the document is originally a private
document, if it is in the official custody of the public 3 rd ACT: ATTRIBUTING TO PERSONS WHO
officer or employee or if it forms part of the official HAVE PARTICIPATED IN AN ACT OR
record when it is falsified by the public officer or PROCEEDING STATEMENTS OTHER
employee, then the crime committed should be THAN THOSE IN FACT MADE BY THEM
punished under this article
ELEMENTS (3)
1. Persons participated in an act or proceeding;
2. Persons made statements in that proceeding;
and
3. Offender attributed to such person or persons
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statements other than those in fact made. ELEMENTS (4)

1. Alteration (change) or intercalation (insertion)
4th ACT: MAKING UNTRUTHFUL on tcl,ocurnent;
STATEMENTS IN A NARRATION OF FACTS 2. Made on a genuine document;
3. Alteration or intercalation has changed its
ELEMENTS (4) meaning; and
1. Offender makes narration of facts; 4. Meaning of the document is now false.
2. There was a legal Obligation to disclose the
truth; CHANGES ITS MEANING
3. Facts narrated are absolutely false; and 1. Change the effects which it would otherwise
4. Wrongful intent of injuring a third person produce; and
2. Unless that happens, there could not exist an
NARRATION OF FACTS essential element or intention to commit a
1. Must be narration of facts, not conclusions of crime.
law; and
2. Does not include mistakes in judgment MEANING IS NOW FALSE
1. Alteration which speaks the truth is not
LEGAL OBLIGATION falsification.
2. Must be alteration/intercalation which causes
1. There is a law requiring the disclosure of the the in,strument to speak a language different in
truth of the facts narra,ted. legal effect from what it originally spoke.
2. If the law does not require a piece of
information, even if accused lied about that 7th ACT: ISSUING IN AN AUTHENTIC
ATED
info, he is not liable. FORM A DOCUMENT PURPDRTING TO BE
3. Legal obligation is inherent in residence A COPY OF AN ORIGINAL DOCUMENT
certificate. WHEN NO SUCH ORIGINAL EXISTS, OR
INCLUDING IN SUCH A COPY A
ABSOLUTELY _FALSE STATEMENT CONTRARY TO, OR
1. Offender must be aware of falsity. DIFFERENT FROM, THAT OF THE
2. If the statements are not altogether false, there GENUINE ORIGINAL
being some colourable truth in such
statements, the crime of falsification is not OFFENDER
deemed to have been committed. 1. Committed only by a public officer or notary
public who takes advantage of his official
WRONGFUL INTENT position.
1. A person is not guilty if he was not animated by 2. If private individual is in conspiracy with
desire to do wrong or to injure a third person. offender, he is guilty of this crime and incurs
2. Good faith is a defense. If offender believed the same liability and penalty as public officer.
what he put was true, he is not liable.
INTENT TO GAIN OR PREJUDICE
NOTES: 1. The idea of gain or intent to cause damage to
1. Even if consent for contract was obtained by a third person is not necessary.
violence, it does not make facts narrated in it 2. It is the official character of the offender which
false. is mainly taken into consideration.
2. There can be fa)sification by omission. 3. Interest of the community which is intended to
be guaranteed.
5th ACT: ALTERING TRUE DATES NOTES:
There is falsification only when the date 8th
ACT: INTERCALATING ANY
mentioned in the document is essential. INSTRUMENT OR NOTES RELATIVE TO
Change of date must affect the veracity of the THE ISSUANCE THEREOF IN A
document or the effects/meaning thereof. PROTOCOL, REGISTRY, OR OFFICIAL
BOOK
6' ACT: MAKING ANY ALTERATION OR
INTERCALATION IN A GENUINE NOTES:
DOCUMENT WHICH CHANGES ITS • Contemplates the changing entries in records
MEANING such as the local civil registry.
• Malicious intent not necessary.
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ART. 172. FALSIFICATION BY PRIVATE ELEMENTS OF ACT NO.3 (ANY OTHER

INDIVIDUAL AND USE OF FALSIFIED PROCEEDING) (3)
DOCUMENTS 1. Offender knew document was falsified by
another;
2. Embraced in Art. 171, or nos. 1 or 2 of Art. 172;
Definitio See means and acts below
n 3. Used such document (not in judicial
proceeding); and
Elements It will depend on the act 4. Use caused damage to another or it was used
with intent to cause such damage.
Penalty Prision correccional: med and max DAMAGE OR INTENT TO DAMAGE A

Fine: Not more than P1,000,000 THIRD PARTY
1. Only necessary when falsifying private
PUNISHABLE ACTS documents, or using any falsified document in
proceedings other than judicial proceedings.
1. Falsification of public, official or commercial
2. Not necessary when falsifying a public, official,
document by private individual;
or commercial document.
2. Falsification of private document by any
3. Also not necessary when documents are used
person; and
3. Use of falsified document in a judicial in judicial proceedings.
proceeding, or to the prejudice of another in
FOUR KINDS OF DOCUMENTS
any other proceeding.
1. Public document
a. Issued by public official in response to the
ELEMENTS OF ACT NO.1 (3)
exigencies of public service;
1. Offender: private individual or public officer
b. Public official intervened in execution; and
not taking advantage of position;
c. Notarized by a notary public or a competent
2. Committed any act of falsification under Art.
public official with required solemnities.
171
a. Exception: Par.7 which by definition
2. Official document
cannot be committed by private
a. Issued by a public official in the exercise of the
individual/public officer not taking
functions of his office; and
advantage of position because the
b. All pleadings filed with the court are public or
authentication of a document can be
official documents.
made only by the custodian or the one
who prepared and retained a copy of
3. Commercial document
the original document; and
a. Defined and regulated by Code of
3. Public/official/commercial document.
Commerce;
b. Promote or facilitate trade; and
c. Cash disbursement vouchers not included.
1. Offender committed any of the acts of
falsification;
4. All other writings are private.
2. Private document;
3. Damage to a third party or at least intent to
PRIVATE DOCUMENTS CONSIDERED
cause such damage;
PUBLIC
a. Need not be material;
1. Deed which was privately falsified, but then
b. Damage to one's honor is included; and
presented to the notary public by the falsifier
c. Effect need not be to profit offender for
for acknowledgment.
as long as it damaged another.
2. If private document becomes part of an official
record and is certified by a public officer duly
ELEMENTS OF ACT NO.3 (JUDICIAL
authorized by law.
PROCEEDING) (3)
1. Offender knew document was falsified by
PRESUMPTIONS
another;
1. Possessor and utterer of a falsified document
2. Document is embraced in Art. 171, or nos. 1 or
is presumed to be the author of the falsification.
2 of Art. 172; and
2. Especially if accused has sufficient and strong
3. Introduced in evidence in judicial proceeding.
motive.
a. "The fact that petitioner benefitted and even
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profited from the falsified notarized Release of document by a public officer or employee
Real .Estate Mortgage are strong indications or ,by a private person.
that 'she participated in the falsification of the o May be a lesser offense.
same document." (Nierva V. People, G.R. No.
153133 2006) JURISDICTION OF FALSIFICATION OF PUBLIC
DOCUMENT
COMPLEXED WITH ESTAFA Falsification of Public Document falls within the
1. There is a .complex crime of falsification of a jurisdiction of the MeTC, MTC, and MCTC, not with
public, official, or commercial document, with the RTC pursuant to Section 32(2) of BP 129.
estafa. (Ricardo L, Atienza and Alfredo Castro v People,
2. There is no such complex crime if what is GR No. 188694, February 12, 2014)
involved is a private document.
a. Reason: To be punishable, falsified private ART. 173. FALStFICATION OF WIRELESS,
documents need to be accompanied by CABLE, TELEGRAPH, AND TELEPHONE
damage, or intent to, damage a third person. MESSAGES, AND USE OF FALSIFIED
What would be damage from an act MESSAGES
constituting estafa actually merely
consummates the crime of falsification of a
Definitio
private document. See punishable acts below
b. Distinguish -from a pubjic document which n
needs no damage to a third party to be Elements
punishable. Any damage resulting from such See elements below
use of the document could be attributed to a
separate crime such as estafa, because Penalty Prision correccional: med and max
damage is not an element of falsification of a
public document.
n. If n private document is falsified to rnrIPPPI the PUNISHABLE ACTS
misappropriation of money or other personal 1. Uttering fictitious messages;
property which has been in the possession of ?. Falsifying messages; and
the offender, the crime committed is estafa 3. Using falsified messages.
with abuse of confidence only.
ELEMENTS OF ACTS NO.1 AND NO.2 (2)
DISTINGUISHING PRIVATE FROM PUBLIC I. Offender is an officer or employee of
DOCUMENT Government, or of private corporation
Private Public Document engaged in service of sending or receiving
Document wireless, cable, or telephone messages;
Prejudice to a third Principal thing punished is 2. The offender either
party is primarily the violation of public faith a. Utters a fictitious message; or
taken into account; and the preservation of b. Falsifies a message.
If such damage is truth which the document
not apparent, or solemnly proclaims; ELEMENTS OF ACT NO.3 (3)
there is at least no Immaterial whether or not 1. Accused knew messages were falsified;
intention to cause some prejudice has been 2. Accused used such falsified dispatch; and
it, the falsification caused to third persons 3. Resulted in prejudice of third party, or there
is not punishable was intent to prejudice.
NOTES: PRIVATE INDIVIDUAL

• Falsification is consummated the moment the 1. Cannot commit the first two acts by direct
genuine document is altered or the moment participation unless he is an employee of a
the false document is executed. corporation engaged in telecommunications
• There may be a frustrated stage if falsification services.
is imperfebt. 2. Can 'be held guilty as a principal by
• Usage, which is not an element of falsification, inducement, if he induced such public or
is punished separately from actual falsification. government employee to perform punishable
o It cannot be deemed necessarily included acts.
in the crime of falsification of a public Connection with telecommunications network
is not necessary to commit third act. Any
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person can be held liable for the use of falsified SECTION 5— FALSIFICATION OF MEDICAL
dispatch. CERTIFICATES, CERTIFICATES OF MERIT,
SERVICE, AND THE LIKE
NOTE: Current Telecommunication companies
like Globe, Sun, Smart are not contemplated by ART. 174— FALSE MEDICAL CERTIFICATE,
this article as corporation engaged in sending or FALSE CERTIFICATES OF MERIT OR
receiving messages since no operator actually SERVICE, ETC.
intervenes. They merely provide the conduit to
facilitate message exchange. PERSONS LIABLE
1. Physician or surgeon, for
falsifying a medical certificate;
2. Public officer, for falsifying a
Definitio certificate of merit, service, good
conduct, or other similar
circumstances; and
3. Private individual, for falsifying
any of the documents mentioned
in the first two acts.
Elements
N/A
Arresto mayor in maximum period

to Prision correccional in its
Penalty
minimum period and a fine not to
exceed P200,000
"SIMILAR CIRCUMSTANCES"
1. Similar to merit, service, or good conduct.
2. Thus, certificates pertaining to ownership of
property are not included.
ART. 175— USING OF FALSE CERTIFICATES
Definitio The use of a falsified document

mentioned in the preceding article
1. Crime in Art. 174 has been
committed by another person;
Elements 2. Offender knew of the falsified
nature of the certificate; and
3. Offender used such false
certificate.
Penalty Arresto menor
SCOPE
1. This article only applies to use ofthose falsified
documents covered by Art. 174.
2. This article applies, even if the falsified
documents were used in a judicial proceeding.
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13AR OPERATIONS 2019 CRIMINAL LAW
SECTION 6— MANUFACTURING, IMPORTING, CHAPTER 2: OTHER FALSITIES

AND POSSESSION OF INSTRUMENTS OR
IMPLEMENTS SECTION I — USURPATION OF AUTHORITY,
RANK, TITLE, AND IMPROPER USE OF
ART. 176— MANUFACTURING AND NAMES, UNIFORMS, AND INSIGNIA
POSSESSION OF INSTRUMENTS OR
IMPLEMENTS FOR FALSIFICATION ART. 177. USURPATION OF AUTHORITY AND
OFFICIAL FUNCTIONS
,Any person who shall make or
Introdttice into the Philippine Islands Definitio Any person who, under pretense of
any stamps, dies, marks, or other n official position, shall perform any
Definitio instruments or implements intended act pertaining to any person in
to be used in-the commission of the authority or public officer, without
offenses of counterfeiting or being lawfully entitled to do so,
falsification mentioned in the
preceding sections of this chapter. Elements N/A
_
Elements
Penalty Prision correccional: min and med
Penalty Prision correccional: med and max

and a fine not to exceed P1,000,000 PUNISHABLE ACTS
1. Usurpation of authority — knowingly and falsely
• PUNISHABLE ACTS representing oneself to be an officer, etc.
1. Making or introducing into the country, a. Mere act of knowingly and falsely
implements representing oneself to be an officer, etc.,
and instruments for
counterfeiting/falsification; and is sufficient.
2. Possessing items made or imported by another b. It is not necessary that he performs an act
person, with intent to use the same. pertaining to a public officer.
a. Includes constructive possession; and 2. Usurpation of official functions — doing any act
b. Either actual ownership or mere control pertaining -to any public officer, etc. without
being authorized to do so.
IMPLEMENTS CONFISCATED a. Essential that offender should have
1. Not necessary that they form a complete set performed act pertaining to public officer.
for counterfeiting; and
2. Enough that they may be employed by REPRESENTATION
themselves or together with other implements 1. Must be positive, express, and explicit;
to commit the crime Of counterfeiting or 2. Must represent officers named in article, and
falsification. not just any authority figure; and
3. Representation may be shown in acts, and not
PLEASE SEE SPL REVIEWER ON

R.A. 9194:AN ACT AMENDING
REPUBLIC ACT NO. 9160,
OTHERWISE KNOWN AS THE
".4 AilnAIFY I AI INf)FPIAIP,
just words.
OFFENDERS
1. This article may be violated by both private and
public officers.
NOTE: This al licle dues not apply to occupant

under color of title. A usurper is "one who
introduces himself into an office that is vacant, or
who, without color or title, ousts the incumbent and
assumes to act as an officer by exercising some of
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the functions of the office." (People v. Buenaflor, ART. 178. USING FICTITIOUS NAME AND
et. al., CA., 72 O.G. 364) CONCEALING TRUE NAME
PUNISHABLE ACTS
1 Using fictitious name; and
2. Concealing true name and other personal
circumstances.

1. Offender uses a fictitious name;
2. Such name is used publicly;
3. Purpose is:
a. Conceal a crime;
b. Evade execution of judgment; or
c. Causes damage to public interest.
NOTE: If the purpose is for causing damage, it

must be damage to public interest. If it is damage
to private interest, the crime will be estafa under Art
315, subdivision 2, par. (a).

1. Offender conceals true name and other
personal circumstances; and
2. Purpose is to conceal identity.
FICTITIOUS CONCEALING
NAME TRUE NAME
Element of publicity Publicity element not
must be present; and 3 necessary; and Only 1
possible purposes: purpose: conceal true
conceal crime, evade identity.
execution of a
judgment, and cause
damage to public
interest.
NOTE:
INSTANCES WHEN A FILIPINO CITIZEN
RESIDING IN THIS COUNTRY CAN USE AN
ALIAS LEGALLY (RA NO. 6085):
1. As a pseudonym in cinema and other
entertainment field
2. As a pen name in literary composition or
work
3. As a pseudonym in television and radio
broadcasting
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ART. 179. 114.EGAL. USE OF UNIFORMS OR Since Art. 180 does not prescribe the penalty
INSIGNIA where the defendant in a criminal case is
sentenced to a light penalty, false testimony in
ELEMENTS (3) case of a light penalty cannot be punished,
1. Offender uses an insianja, uniform, or dress; considering that a penal law must always he
2. Such pertains to an office not held by offender strictly construed.
or a class of persons of which he is not a
member; and ART. 181. FALSE TESTIMONY FAVORABLE TO
3. Used publicly and improperly. THE DEFENDANT
INSIGNIA, UNIFORM, OR DRESS NOTES:

1. Genuine insignia, uniform, or dress is net • Testimony by negative statement is still in
necessary, Offender can wear an imitation and favor of the.defendant
still be liable. • False testimony in favor of defendant need not
2. An exact imitation is not necessary, for as long directjy influence the decision of acquittal nor
as there is a colourable resemblance benefit the defendant. The intent to favor
calculated to deceive the general public. defendant is sufficient.
3. Must pertain to an actuaf officer or class of • A statement of mere opinion is not punishable.
persons. The person is not liable if the insignia, • Conviction or acquittal is not necessary
uniform, or dress •pertains to an imaginary (finaljudgment is not necessary), but gravity of
office or class. crime in principal case should be shown.
• Defendant who falsely testified in his own
SECTION 2— FALSE TESTIMONY behalf by falsely imputing to some other
person the commission of a grave offense in
FALSE TESTIMONY - committed by a person criminal case is guilty of false testimony
who, being under oath and required to testify as-to favourable to the defendant
the truth of e certain matter at a hearing before a • Rectification made spontaneously after
competent authority, shall deny the truth or say realizing mistake is not false testimony.
something contrary to it
ART. 182. FALSE TESTIMONY IN CIVIL CASES
ART. 180. FALSE TESTIMONY AGAINST A
DEFENDANT PUNISHABLE ACT
Giving false testimony in a civil case either for or
ELEMENTS (4) against the plaintiff or the defendant
1. That there be a criminal proceeding;
2. Offender testifies falsely under oath ELEMENTS (5)
against the defendant therein; 1. Testimony is given in a civil case;
3. Offender knows that it is false; and 2. it is relpted to the issue presented;
4. The defendant against whom the false 3. The testimony is false;
testimony is given is either acquitted or 4. It is given by the defendant who knows it to be
convicted in a final judgment. false; and
5. The testimony is malicious and with intent to
NOTES: affect the issue.
• Violation of this article requires criminal
intent. Hence, it cannot be committed through ART. 183. FALSE TESTIMONY IN OTHER
negligence. CASES AND PERJURY IN SOLEMN
• The offender need not impute guilt upon the AFFIRMATION
accused to be liable.
• The defendant must at least be sentenced to PUNISHABLE ACTS
a correctional penalty or a fine or must have 1. False testimony under oath in a proceeding
been acquitted. other than judicial; and
• The witness who gave false testimony is liable 2. False affidavit.
even if the court did not consider his testimony.
• Penalty depends upon sentence imposed on
the defendant except in the case of a judgment ELEMENTS (4)
of acquittal. 1. Statement under oath or affidavit upon material
matter;
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$AR OPERATIONS 2019 CRIMINAL LAW
2. Made before a competent officer authorized "Deliberately" implies meditated, as distinguished

administer such oath; from inadvertent acts. (Judge Pimentel Notes p.
3. Willful and deliberate assertion of a falsehood; 89)
a. Perjury cannot be willful where the oath is
according to belief or conviction as to its SUBORNATION OF PERJURY
truth; (Judge Pimentel Notes p.76) 1. Knowingly and willfully procuring another to
b. It must appear that the accused knows his swear falsely.
statement to be false or is consciously 2. Not expressly punished in the Revised Penal
ignorant of its truth; (Momfort III, et. al., v. Code, but offender may be liable as a principal
Salvatierra, G.R. No. 168301 2007) and by inducement.
4. That the information given is required by law.
NOTE:
DEFINITION OF TERMS Probate of a will is neither civil nor criminal. Thus it
1. OATH — any form of attestation manifesting a is not covered under this, even if done in court and
commitment to perform an act faithfully and under oath.
truthfully.
2. AFFIDAVIT — a sworn statement in writing ART. 184. OFFERING FALSE TESTIMONY IN
made before an authorized officer. EVIDENCE
3. MATERIAL MATTER — the main fact; the
subject of inquiry or circumstances which ELEMENTS (3)
tends to prove the fact; 1. Offered in evidence false witness or testimony;
a. Legitimately affects the credit of any 2. Offender knew of falsity; and
witness who testifies; or 3. During judicial or official proceedings.
b. Strengthens or corroborates testimonies.
NOTES:
COMPETENT OFFICER This article applies when the offender, without
1. Person who has a right to inquire into the inducing another but knowing him to be a false
questions presented to him under his witness, presented him and the latter testified
jurisdiction; and falsely in a judicial or official proceeding.
2. No perjury if not competent authority. The felony is consummated the moment a
false witness is offered in any judicial or official
REQUIRED BY LAW proceeding. Looking for a false witness is not
1. There is a law requiring it; OR punished by law as that is not offering a false
2. The statement or document is made for legal witness.
purposes; and The false witness need not be convicted of
3. It is sufficient that the oath had been false testimony. A mere offer to present him is
administered with a view of carrying into effect sufficient.
a legal purpose.
MATERIALITY
1. There must be competent proof of the
materiality of the false testimony.
2. Matter must not simply be pertinent, that is,
relating to collateral matters which make more
or less probable the proposition at issue.
3. It must be material, that is, directly proving or
disproving a fact at issue.
4. No perjury if false imputations in testimony or
affidavit were not on material matter.
The assertion must be deliberate and willful

A mere assertion of a false objective fact, a
falsehood, is not enough. "Willful!" means
intentionally; with evil intent and legal malice, with
the consciousness that the alleged perjurious
statement is false with the intent that it should be
received as a statement of what was true in fact.
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CHAPTER 3: FRAUDS SECTION 2. — FRAUDS

SECTION 1 — MACHINATIONS, MONOPOLIES, ART. 187. IMPORTATION AND DISPOSITION
AND COMBINATIONS OF FALSELY MARKED ARTICLES OR
MERCHANDISE MADE OF GOLD. 6ILVER. OR
ART. 185. MACHINATIONS IN PUBLIC OTHER PRECIOUS METALS OR ALLOYS
AUCTIONS
ARTICLES OF MERCHANDISE INVOLVED
PUNISHABLE ACTS 1. Gold;
Soliciting gift to refraih:frorn taking part in public 2. Silver;
auction; and 3. Precious metals; and
2. Attempting to cause bidders to stay away from 4. Alloys.
an auction..
-ELEMENTS (3)
ELEMENTS OF ACT NO.1 (4) 1. Offender imports, sells, or disposes
1. Public auction; item;
2. Accused solicited gifts/promise of gifts; 2. Stamps, brands, or marks fail to indicate the
3. In consideration of refraining from taking part in actual fineness or quality; and
the auCtion; and 3. Offender knows of such failure to indicate.
4. Intent is to cause reductton of the price of the
thing auctioned SELLING, DISPOSING, AND IMPORTING
1. It is not necessary that such items are actually
ELEMENTS OF ACT NO.2 (4) sold and public actually deceived, before one
1. Public auctipn; can be liable under this article.
2. Offender: attempted to cause the bidders to 2. If-one is charged with importation, there must
stay away; be proof that item was in fact imported.
Mears; Threats, gifts, promises or any other
artifice; and OFFENDER
4. Intent: reduction of price of thing auctioned. 1. Those who import, sell, or dispose items.
2. This article is not applicable to the
ACTS ARE FORMAL CRIMES manufacturer of articles of gold, silver, etc. He
1. It is not required that the person making is liable for estafa.
proposal actually refrains -from taking part in
any public auction. The crime is committed by END OF TOPIC
mere solicitation.
2. It is not required that the person accept the
offer or gift. The crime is consummated by
mere offering of the gift or promise in
consideration of refraining to take part.
(ARTS. 186, 188, 189 ARE SUPERSEDED

BY THE INTELLECTUAL PROPERTY
CODE)
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CRIMES RELATIVE TO OPIUM AND OTHER

PROHIBITED DRUGS
PLEASE SEE THE SPL REVIEWER ON R.A.

9165 AND ITS IRR
E. CRIMES AGAINST PUBLIC MORALS
PLEASE SEE SPL REVIEWER ON P.D. 1602.

PRESCRIBING STIFFER PENALTIES IN
ILLEGAL GAMBLING
(Repealed Art. 195-199 RPC, P.D. 483 Betting
Law, and P.D. 449 Cockfighting Law insofar as
they are inconsistent with it)..
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PENALTY PUNISHABLE ACTS

Prision correccional, 1. Any person who shell directly or indirectly takes part in any illegal or
medium or fine ranging unauthorized activities or games of:
frnm Pl,nn0 to PA,nnn. a. Cockfighting, jueteng, jai-alai or horse racing to include bookie
operations and game fixing, numbers, bingo andother forms of
In case of recidivism: lotteries;
Prision mayor, medium b. Cara y cruz, pompiang and the like;
or fine ranging from c. 7-11 and any game using dice;
P5,000 to P10,000.
d. Black jack, lucky nine, poker and its derivatives, monte,
baccarat, cuajo, pangguigue and other card games;
e. Pak que, high andlow, mahjong, domino and other games using
plastic-tiles and the like;
f. Slot machines, roulette, pinball and other mechanical contraptions
and devices;
g. Dog racing, boat racing, car racing and other forms of races;
h. Basketball, boxing, volleyball, bowling, pingpong and other forms
of individual or team contests to include gamefixina. point shaving
and other machinations; and
i. Banking or percentage game, or any other game or
scheme, whether upon chance or skill, wherein wagersconsisting
of money, articles of value or representative of value are at stake
or made; and
2. Any person who knowingly permits any form of gambling in an inhabited or

uninhabited place or in any building, vessel or other means of transportation
owned or controlled by him.
Prision correccional 1. Any person who shall knowingly permit gambling in a place with reputation of
maximum, fine of a gambling place, or that prohibited gambling is frequently carried on therein,
P6,000 or in a public or government building or barangay hall; and
2. Maintainer or conductor of above gambling schemes.
Prison mayor: medium, If maintainer, conductor, banker of gambling schemes; player, promoter, referee,
with temporary umpire, judge or coach in case of game fixing, point shaving and machination is
absolute a government official.
disqualification or fine
of P6,000
Prision correccional Any person who knowingly and without lawful purpose possess lottery list, paper,
medium or fine of-P400 or other matter containing letters, figures, signs, or symbols pertaining
to or in
to P2,000 any manner used in games of jueteng, jai-alai, or horse racing bookies, and
similar games of lotteries and numbers which have taken place or about to take
place.
Temporary absolute Barangay official who with the knowledge of existence of gambling house/place
disqualification in his jurisdiction fails to abate or take action.
Prision correcional Security officer, watchman, private or house detective of hotels, villages,
maximum or fine of buildings, enclosures, and the like which have the reputation of
gambling or
P500 to P2,000 where gambling activities are being held.
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CHAPTER 1: GAMBLING AND BETTING LOTTERY — Scheme for the distribution of prizes
DEFINITION OF TERMS by chance among persons who have paid, or
agreed to pay a valuable consideration for the
GAMBLING — any game or scheme, whether upon chance to obtain a prize.
chance or skill wherein wagers consisting of
money, articles or value or representative of value ELEMENTS — LOTTERY (3)
are at stake or made. 1. Consideration;
2. Chance; and
MAINTAINER — person who sets up and furnishes 3. Prize/advantage/inequality in amount or value
the means with which to carry on the gambling which is in the nature of prize.
game or scheme.
NOTE:
CONDUCTOR — person who manages or carries In a criminal case (US v. Olsen 36 Phil. 395),
on the gambling game or scheme. there is no lottery where a person gets the full value
for his money, and the winning of price is merely
NOTES: incidental. But in a civil case (El Debate v. Topacio
1. In PD. 1602, playing for money is not a 44 Phil. 280), if the inducement to win prize is the
necessary element to the game for one to reason for the purchase then even if full value for
commit a crime. When the law names the money is received, it is still lottery.
games, punishing any person who takes part
therein, its purpose is to prohibit absolutely ILLEGAL NUMBER GAMES — any form of illegal
gambling activity which
those games.
2. A mere bystander or spectator is not criminally uses numbers or combinations
liable because he does not directly or indirectly thereof as factors in giving
take part. out jackpots/prizes/returns. It
3. A game or scheme is punishable even if includes games such as jueteng and masiao.
winning depends upon skill as long as wagers
(consisting of money, articles of value or NOTE:
representative of value) are at stake or made. R.A. 9287 increased penalties for illegal number
4. Proof that game took place or is about to take games, amending certain provisions of P.D. 1602.
place is not necessary; burden of evidence is
shifted to accused to show that his possession ART. 196. IMPORTATION, SALE AND
POSSESSION OF LOTTERY TICKETS OR
is lawful or is not connected with jueteng game;
ADVERTISEMENTS
but proof to the contrary by prosecution is
necessary when jueteng lists pertain to games
played on dates other than the date of the raid. PUNISHABLE ACTS:
1. By importing into the Philippines from any
5. P.D. 519 has outlawed pinball and slot
machines and other similar devices and foreign place or port any lottery ticket or
nullified all permits and/or licenses to operate advertisement;
the same. 2. By selling or distributing the same in
connivance with the importer;
ELEMENTS — KNOWINGLY PERMITTING 3. By possessing, knowingly and with intent to
GAMBLING TO BE CARRIED ON IN A use, lottery tickets or advertisements; and
PLACE OWNED OR CONTROLLED BY THE 4. By selling or distributing the same without
OFFENDER: connivance with the importer.
1. That a gambling game was carried on in an
inhabited or uninhabited place or in any NOTES:
building, vessel or other means of • The possession of any lottery ticket or
transportation; advertisement is prima facie evidence of intent
2. That the place, building, vessel or other means to sell, distribute or use the same.
of transportation is owned or controlled by • The lottery tickets need not be genuine, as
the offender; and long as they have the appearance thereof.
3. That the offender permitted the carrying on of
such game, knowing that it is a gambling
game.
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PLEASE SEE SPL REVIEWER ON CHAPTER 2: OFFENSES AGAINST DECENCY

P.D. No. 483 BETTING, GAME- AND GOOD CUSTOMS
FIXING OR POINT-SHAVING AND ART. 200. GRAVE SCANDAL
MACHINATIONS
IM conpr rellkITCTC /Pcintamic:tri
Grave Scandal consists of acts,
ART. 198. ILLEGAL BETTING ON HORSE which are offensive to decency and
RACES good customs which, having been
Definitio
committed publicly and thus, give
PUNISHABI,E ACTS: (DURING PERIODS NOT rise to public scandal to persons who
ALLOWED BY LAW) have accidentally witnessed the
1. By betting on horse races; and acts.
2. By maintaining or employing a totalizer or
other device or scheme for betting on races or 1. That the offender performs an
realizing profit therefrom. act/s;
2. That such act/s be highly
TOTALIZER — machine for registering and scandalous as offending against
indicating the number and nature of bets made on decency or good customs;
horse races. 3. That the highly scandalous
Elements
conduct does not expressly fall
NOTES: within any other article of the
• The penalty is higher for a person who RPC; and
employs a totalizer or other device. 4. That the act/s complained of be
• Horse races are not allowed on: (a) June 12th committed in a public place or
of each year, (b) Dec 30th of each year, (c) Any within the public knowledge or
registration or voting days and (d) Holy view.
Thursday and Good Friday.
• The race held on the same day and at the Penalty Arresto mayor and public censure
same place is punishable as a separate
offense. DECENCY — propriety of conduct; proper
• Horse races may be carried on at any time or observance of the requirement of modesty, good
place, and prizes or gifts may be offered, given taste, etc.
or paid, to the winner in said races, prpvided it
is not accompanied by any betting, or the use CUSTOMS — established usage, social
of totalizer or other devices for betting conventions carried on by tradition and enforced by
social-disapproval of any violation thereof.
P.D. 449 COCKFIGHTING LAW of NOTES:
1.974 • The public view is not required. It is sufficient if
committed in public place.
• For being committed within the public
knowledge, it may occur even in a private
place; the number of people who sees it is not
material, except when seen by only one other
person at night, thus negating the degree of
publicity required.
• The essence of grave scandal is publicity and
that the acts committed are not only contrary
to morals and good customs but must likewise
be of, such character as to cause public
scandal to those witnessing it.
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ART. 201. IMMORAL DOCTRINES, OBSCENE necessary, but the number of times it is passed
PUBLICATIONS AND EXHIBITIONS AND on is immaterial. Once is enough.
INDECENT SHOWS • The purpose of the law in punishing obscene
publications and exhibitions is to protect the
PERSONS LIABLE: morals of the public.
1. Those who publicly expound or proclaim
doctrines openly contrary to public morals; Penalty: Prision mayor or fine ranging from
2. Authors of obscene literature, published with P20,000 to P200,000
their knowledge in any form;
3. Editors publishing such obscene ART. 202. VAGRANTS AND PROSTITUTES
literature;
4. Owners or operators of establishments NOTE: R.A. 10158 has decriminalized vagrancy by
selling obscene literature; amending Art. 202 to punish prostitutes only.
5. Those who exhibit indecent or immoral plays, Upon effectivity, all pending cases shall be
scenes, acts or shows in theaters, fairs, dismissed, and all those serving time for vagrancy
cinemas or any other place; and shall be released.
6. Those who sell, distribute, or exhibit prints,
engraving, sculptures or literature, which are PROSTITUTES - Women who habitually indulge
offensive to morals. in (1) sexual intercourse or (2) lascivious conduct,
for money or profit.
"OBSCENE LITERATURE OR IMMORAL
OR INDECENT PLAYS, SCENES OR Penalty: arresto menor or a fine not exceeding
ACTS": Twenty thousand pesos (P20,000), and in case of
1. Those w/c glorify criminals or condone crimes; recidivism, by arresto mayor in its medium period
2. Those which serve no other purpose but to to prisiOn correctional in its minimum period or a
satisfy the market for violence, lust or fine ranging from Twenty thousand pesos
pornography; (P20,000) to Two hundred thousand pesos
3. Those which offend against any race or (P200,000), or both, in the discretion of the court.
religion;
4. Those which tend to abet the traffic and the PLEASE SEE SPL REVIEWER ON
use of prohibited drugs; and R.A. 9208.
5. Those that are contrary to law, public order,
ANTI-TRAFFICKING IN PERSONS
morals, good customs, established policies,
drT 9nnq•PIIMIQHAPI
lawful orders, decrees and edicts.
END OF TOPIC
TEST OF OBSCENITY:
Whether the matter has ,a tendency to deprave or
corrupt those whose minds are open to such
immoral influences. A matter can also be
considered obscene if it shocks the ordinary and
common sense of men as indecency. (US v.
Kottinger, 45 PHIL 352)
OBSCENE is something offensive to chastity,

decency or delicacy.
NOTES:
• Publicity is an essential element.
• Mere nudity in paintings and pictures is not
obscene.
• Pictures with slight degree of obscenity having
no artistic value and being intended for
commercial purposes fall within this article.
• The author of obscene literature is liable only
when it is published with his knowledge. And
in every case, the editor publishing it is liable.
• Dissemination of obscene material is
Page 137 of 277

ATENEO CENTRAL
F. CRIMES COMMITTED BY PUBLIC OFFICERS

—
ART. 204. KNOWINGLY RENDERING AN
CHAPTER 1: PRELIMINARY PROVISIONS UNJUST JUDGMENT
ART. 703. WHO ARE PI 'RI r oFFIrtFRs

Definitio Any judge who shall knowingly
REQUISITES: T-DiPA (2) render an unjust judgment in any
To be a public officer, one must be - case submitted to him for decision
1. Taking part in the performance of public
JJ-UK (4)
functions in the Government, or performing
1. That the offender is a Judge;
public duties as an employee, agent or
2. That he renders a Judgment in
subordinate official, of any rank or class, in the
the case submitted to him for
government qr any of its branches; and Elements
decision;
2. That his authority to take part in the
3. That the judgment i Unjust;
performance of public functions or to perform
and
public duties must be
4. That the judge Knows that the
a. By -Direct provision of the law, or
decision is unjust.
b. By Popular election, or
c. By Appointment by competent authority. Prision mayor and perpetual
Penalty
absolute disqualification
NOTES:
Public officers include every public servant NOTES;
from the lowest to the highest rank provided • A judgment is a final consideration and
that they exercise public functions. determination by a court of competent
• A government laborer is not a public officer. jurisdiction of the issues submitted to it in an
However, temporary performance by a laborer action or proceeding.
of public functions make him a public officer. • An unjust judgment is one which is contrary to
law, or not supported by the evidence, or both.
CHAPTER2: MALFEASANCE AND • No liability if error is in good faith.
MISFEASANCE IN OFFICE • An unjust judgment may result from:
1. Error (with bad faith);
Performance of some 2. or revenge; or
MALFEASANCE act which ought not to 3. Bribery.
bp done • There must be evidence that the decision
Irripfoper performance rendered is unjust. It cannot be presumed.
MISFEASANCE of some act which Abuse of discretion or mere error of judgment
might lawfully be cannot likewise serve as basis for rendering an
_done unjust judgment in the absence of proof or an
Omission of an act allegation of bad faith.
NONFEASANCE which ought to be • Does not apply to members of collegiate court
performed who render collective judgment (Supreme
Court of Appeals, Sandiganbayan and Court of
MISFEASANCE: Tax Appeals).
1. Knowingly rendering unjust judgment;
2. Rendering judgment through negligence;
3. Rendering unjust interlocutory order; and
4. Malicious delay in the administration of justice
NONFEASANCE:
Dereliction of duty in prosecution of offenses
MALFEASANCE:
1. Direct bribery; and
2. Indirect bribery.
SECTION 1.— DERELICTION OF DUTY
Page 138 of 277

ATENEO CENTRAL
ART. 205. JUDGMENT RENDERED THROUGH interlocutory order or decree be

NEGLIGENCE manifestly unjust, the penalty shall
be suspension.
Any judge who, by reason of
inexcusable negligence or INTERLOCUTORY ORDER - one issued by the
Definitio
ignorance, shall render a manifestly court deciding a collateral or incidental matter; it is
unjust judgment in any case not a final determination of the issues of the action
submitted to him for decision or proceeding.
JC-MI (4)
1. That the offender is a Judge; NOTE:
2. That he renders judgment in a Test in determining whether an order or judgment
Case submitted to him for is interlocutory or final: "Does it leave something to
Elements be done in the trial court with respect to the merits
decision;
3. That the judgment is Manifestly of the case?" If does, it is interlocutory; if it does
unjust; and not, it is final.
That it is due to Inexcusable
negligence or ignorance. Example: An order granting preliminary injunction
or an order appointing receiver is an interlocutory
Arresto mayor and temporary order.
Penalty special
disqualification ART. 207. MALICIOUS DELAY IN THE
ADMINISTRATION OF JUSTICE
MANIFESTLY UNJUST JUDGMENT —
manifestly contrary to law that even a person Definitio Any judge guilty of malicious delay in
having meager knowledge of law cannot doubt the the administration of justice
injustice.
JP-DM (4)
NOTE: 1. That the offender is a Judge;
2. That there is a Proceeding in
Abuse of discretion or mere error of judgment is not
punishable. his court;
3. That he Delays the
Elements
administration of justice; and
ART. 206. UNJUST INTERLOCUTORY ORDER
That the delay is Malicious, that
is, the delay is caused by the
Any judge who shall knowingly judge with deliberate intent to
render an unjust interlocutory order inflict damage on either party in
Definitio
or decree or who shall render a the case.
manifestly unjust interlocutory order
by inexcusable negligence Prision correccional in its minimum
Penalty
period
J-KM (2)
1. That the offender is a Judge;
and NOTE: Mere delay without malice is not
punishable.
2. That he performs any of the
following acts:
Elements
a. Knowingly renders an unjust
interlocutory order or decree, or
b. Renders a Manifestly unjust
interlocutory order or decree
through inexcusable
negligence or ignorance.
Arresto mayor in its minimum period
and suspension; but if he shall have
Penalty
acted by reason of inexcusable
negligence or ignorance and the
Page 139 of 277

ATENEO CENTRAL
ART. 208. PROSECUTION OF OFFENSES; based upon a complaint if he is convinced that

NEGLIGENCE AND TOLERANCE the evidence before him is insufficient to
warrant filing an action in court,
Any public officer, or officer of the 3. The crime must be proved first before an
Idw wno, in dereliction of the duties officer can be convicted of dereliction of duty. if
of his office, shall maliciously refrain the guilt of the law- violator is not proved, the
Definitio person charged with the dereliction of duty is
from instituting prosecution for the
punishment of violators of the law, or not liable.
shall tolerate the commission of 4. “Maliciously" signifies deliberate evil intent; a
offenses. derelictiOn of duty caused by poor judgment or
honest mistake is not punishable.
1. That the offender is a public 5. A public officer who harbors, conceals, or
officer or officer of the law who assists in the escape of an offender, when it is
has a duty to cause the his duty to prosecute him, is liable as principal
prosecution of, or to prosecute in the crime of dereliction of duty in the
offense; prosecution of offenses. He is not an
That there is dereliction of the accessory.
(Mies of his office, that is, 6. If gift/promise is a consideration for his
Elements knowing the commission of the conduct, the crime is direct bribery under Art.
crime, he does not cause the 210.
prosecution of the criminal or
knowing that a crime is about to ART. 209. BETRAYAL OF TRUST BY AN
be committed he tolerates its ATTORNEY OR SOLICITOR— REVELATION OF
commission; and SECRETS
3. That the offender acts with
malice and deliberate intent to PUNISHABLE ACTS: (3)
favor the violator of the iaw. I . causing dart-FE/.4gs to client efther
a. By any malicious breach of professional duty,
Prision correccional in its minimum or
Penalty
period and suspension b. By ine*cusable negligence or ignorance.
- Damage is necessary
PUNISHABLE ACTS: (2) 2. Revealing any of the secrets of his client
1. By maliciously refraining from instituting learned by him in his professional capacity.
prosecutO, against violators of the law; and - Damage is NOT necessary.
2. By maliciously tolerating the commission of 3. Undertaking the defense of the opposing
offenses party in the same case, without the consent of
his 1st client, after having undertaken the
Who can be offenders in Art. 208 defense of a client or having received
1. Officer of the Law — includes all those who, by confidential information from said client. If the
reason of the position held by them, are duty client consents to the attorney's taking of the
bound to cause the prosecution and defense of the other party, there is no crime.
punishment of the offenders.
2. Public Officer extends to officers of the

prosecution department, whose duty is to
institute criminal proceedings for felonies
being informed of their perpetration.
NOTES:
1. PREVARICACION is the negligence in the
prosecution and tolerance in commission of an
offense.
2. There must be a duty on the part of the public
officer to prosecute or move for the
prosecution of the offender. However, a fiscal
is under no compulsion to file an information
Page 140 of 277

ATENEO CENTRAL
SECTION 2. — BRIBERY ART. 210. DIRECT

BRIBERY BRIBERY EXISTS WHEN THE GIFT IS:
1. Voluntarily offered by a private person;
PUNISHABLE ACTS: (3) 2. Solicited by the public officer and voluntarily
1. By agreeing to perform, or by performing, in delivered by the private person; and
consideration of any offer, promise, gift or 3. Solicited by the public officer but the private
present- an act constituting a crime, in person delivers it out of fear of the
connection with the performance of his official consequences should the public officer
duties; perform his functions. The crime by the giver is
Acceptance of the offer or promise is enough not corruption of public officials due to his
to consummate the crime. If the offer is not involuntariness.
accepted, only the person offering the gift is
liable for attempted corruption of a public Bribery Prevaricacion
officer. Both consist of omissions to do an act required to
Gift must have a value or be capable of be performed.
pecuniary estimation. It could be in the form of
A gift or
money, property or services.
promise is Not necessary
2. By accepting a gift in consideration of the in
given
execution of an act which does not constitute
consideration of
a crime in connection with the performance of
the omission
his official duty; and
3. By agreeing to refrain, or by refraining, from
ADDITIONAL ELEMENT
doing something which it is his official duty to
FOURTH ELEMENT: The act which the public
do, in consideration of a gift or promise.
officer agrees to perform must be connected with
Prevaricacion distinguished from bribery:
the performance of official duties. It is enough
Differs from bribery in the sense that the
that the act is part of the established procedure of
offender refrained from doing his official duty
a governmental agency.
in consideration of a gift received or promised.
This element is not necessary in the crime of
prevaricacion. Bribery (ART.210) Robbery (ART. 294)
ELEMENTS: (PARE) (4) When the victim did

1. That the offender be a public officer; When the victim has not commit a crime
committed a crime and and he is
2. That the offender Accepts an offer or
gives money/gift to avoid intimidated with
promise or receives a gift or present by himself
arrest or prosecution. arrest and/or
or through another;
prosecution to
3. That such offer or promise be accepted or
deprive him of his
gift/present Received by the public officer -
personal property.
a. With a view to committing some crime; OR
b. In consideration of an execution of an act Victim parts with his Victim is deprived of
which does not constitute a crime, but the act money or property his money or
must be unjust; OR voluntarily. property by force
c. To refrain from doing something which is his or intimidation.
official duty to do;
4. That the act which the offender agrees to
perform or which he Executes be connected
with the performance of his official duties.
TEMPORARY PERFORMANCE OF PUBLIC

FUNCTIONS MAKE THE PERSON A
PUBLIC OFFICER
For purposes of this article, temporary

performance of public functions is sufficient to
constitute a person a public officer. A private
person may commit this crime only in the case in
which custody of prisoners is entrusted to him
Page 141 of 277

ATENEO ENTRAL
ART. 211. INDIRECT BRIBERY ART. 211-A. QUALIFIED BRIBERY
Definitio any public officer who shall accept ELEMENTS: ER! (3)
gifts offered to him by reason of his 1. That the offender is a public officer
office: Entrusted with law enforcement;
2. That hp fiefrains from arresting/ prosecuting
Elements (PAB) (3) an offender for crime punishable by reclusion
1. That the offender is a Pulzlic perpe,tua end/or death; and
officer; 3. In consideration of any offer, promise or gift.
2. That he Accepts gifts; and
3. That the'said gifts are offered to ART. 212. CORRUPTION OF PUBLIC
him jay reason of his office. OFFICIALS
Penalty Arresto mayor

any person who shall have made the
Definitio - offers or promises or given the gifts
NOTES: n or presents as described in the
• The article uses the words "gift" and not preceding articles
"promise," and "accept", not just "receive".
• The gift is given in anticipation of future favor 1. That the offender makes offers
from the public officer. or promises or gives gifts or
• There must be clear intentiphon the part of the presents to a public officer; and
public officer to take the gift offered and Elements 2. That the offers or promises are
consider the property as his own for that made or the gifts or presents
moment. Mere given to a public officer, under
physical receipt
unaccompanied by circumstances that will make the
any other sip,
circumstance or act to show such acceptance public officer liable for direct
is not sufficient to convict the officer. bribery or indirect bribery.
There is no attempted or frustrated indirect
Penalty Arresto mayor
bribery.
DIRECT BRIBERY INDIRECT NOTES:

E?,RIBERY The offender is the giver of the gift or the
offerqr of the promise. The act may or may not
In both, public officer receives a gift
be accomplished.
There is an Vsdally no such Under P.D. 749, givers of bribes and other gifts
agreement agreement as well as accomplices in bribery and other
between the public graft cases are immune from prosecution if
officer and the giver they voluntarily give any information about any
commission of direct, indirect, and qualified
Officer agrees to Not necessary that bribery, and any corruption of public officials,
perform or refrain the officer do an act provided that:
from doing an act as long as he 1. The information must refer to consummated
accepts gifts by violations of any of the above-mentioned
provisions of law, rules and regulations;
reason of his office 2. Information and testimony are necessary for
the conviction of the accused public officer;
3. Such information and testimony are not in
possession of the State;
4. Such information and testimony can be
corroborated on its material points; and
5. Informant or witness has not been previously
convicted of a crime involving moral turpitude.
Page 142 of 277

ATENEO CENTRAL
PLEASE SEE SPL REVIEWER ON NOTES:

R.A. NO. 3019 Mere demand of a larger or different amount is
sufficient to consummate the crime. The
ANTI-GRAFT AND essence is the improper collection and
CORRUPT damage to the government is not required.
PRA r: If sums are received without demanding the
same, a felony under this article is not
CHAPTER 3: FRAUDS AND ILLEGAL committed. However, if the sum is given as a
TRANSACTIONS AND EXACTIONS sort of gift or gratification, the crime is indirect
bribery.
ART. 213. FRAUDS AGAINST THE PUBLIC When there is deceit in demanding larger fees,
TREASURY AND SIMILAR OFFENSES the crime committed is estafa.
This felony may be complexed with
A. FRAUDS AGAINST PUBLIC TREASURY malversation. Ex. A tax collector who collected
a sum larger than that authorized by law and
ELEMENTS: (4) spent all ofthem is guilty of two crimes, namely:
1. That the offender be a public officer; (1) illegal exaction, for demanding a
2. That he should have taken advantage of his greater amount; and
office, that is, he intervened in the transaction in (2) malversation for misappropriating the
his official capacity; amount collected.
S. That he entered into an agreement with any Officers and employees of the BIR or Bureau
interested party or speculator or made use of of Customs are not covered by this article,
any other scheme with regard to (a) furnishing since they are covered by the NIRC or the
supplies (b)the making of contracts, or (c) the Administrative Code.
adjustment or settlement of account relating to
a public property or funds; and Penalty: prisi6n correccional in its medium period
4. That the accused had intent to defraud the to prision mayor in its minimum period, or a fine
government. ranging from Forty thousand (P40,000) to Two
million pesos (P2,000,000), or both
NOTES:
The public officer must act in his official ART. 214. OTHER FRAUDS
capacity.
The felony is consummated by merely any public officer who, taking
entering into an agreement with any advantage of his official position,
interested party or speculator or by merely Definitio
shall commit any of the frauds or
making use of any scheme to defraud the deceits enumerated in said
Government. provisions
B. ILLEGAL EXACTIONS ELEMENTS: (2) (PAC) (3)
1. That the offender is a Eublic
1. The offender is a public officer entrusted with officer;
the collection of taxes, licenses, fees and other 2. That he takes advantage of his
Elements
imposts; and official position; and
2. That he is guilty of any of the following acts or 3. That he Qommits any of the
omissions: frauds or deceits enumerated in
a. Demanding, directly or indirectly the Arts. 315 and 316. (estafa,
payment of sums different from or larger swindling)
than those authorized by law, or
In addition to the penalties
b. Failing voluntarily to issue a receipt, as
prescribed in the provisions of
provided by law, for any sum of money
Chapter Six, Title Ten, Book Two, of
collected by him officially, or
Penalty this Code, the penalty of temporary
c. Collecting or receiving, directly or
special disqualification in its
indirectly, by way of payment or otherwise,
maximum period to perpetual
things or objects of a nature different from
special disqualification
that provided by law.
Page 143 of 277

ATENEO CENTRAL
I
NOTE: ART. 216. POSSESSION OF PROHIBITED

The penalty under this Article is in addition to the INTERESTS BY A PUBLIC OFFICER
penalties prescribed in the. articles violated
PERSONS LIABLE:
ART 215, PROHIBITED TRANSACTIONS. 1. Public officer who hA FFie intoroetc,ri in any
contract or business in which it is his official
Any appointiye public officer who, duty to intervene;
d,uring his incumbency, shall directly 2. Experts, arbitrators and private
Definitio 'Or indirectly become interested in _accountants who took part in any contract or
any transaction of exchange or transaction connected with the estate or
speculation within the territory property in the approval, distribution or
subject to his jurisdiction adjudication of which they had acted; and
3. Guardians apd executors with respect to
(Al-WI) (4) property belonging to their wards or the estate.
1. That the offender is an
A000intive public officer; NOTES:
That he becomes Interested, Actual fraud is not necessary.
directly or indirectly, in any Intervention must be by virtue of public office
transaction of exchange or held.
Elements
speculation; Apt* punished because of the possibility that
3. That the transactio,n takes place fraud may be committed or that the officer may
Within the territory subject to place 'his own interest above that of the
his jurisdiction; and -Government or of the party which he
4. That he becomes interested in represents.
the transaction during his Constitutional prohibitions exist:
Incumbency. Member of -the Congress: cannot personally
appe,ar as counsel; cannot be interested
prision correccional in its minimum financially in any franchise or special privilege
period OF
• a fine ranging from Forty granted by government; cannot intervene in
Penalty
thousand (P4Q,0P0) to Two hundred any Matter before office of Government;
thousand pesos (P200,000), or both Executive — cannot hold any other office; and
Constitutional Commissions — cannot hold any
NOTES: other office, pr engage in practice of profession
The transaction must be of exchange or or management of business, or be financially
speculation. interested in a contract with or
Examples of transactions of exchange or franchise/privilege by the government
speculation are buying and selling stocks,
commodities, land, etc. wherein one hopes to Penalty: Arresto mayor in its medium period to
take advantage of an expected rise or fall in Frisian correccional in its minimum period, or a fine
price for gain or profit and not merely as ranging from Forty thousand (P40,000) to Two
investment hundred thousand pesos (P200,000), or both
Purchasing of stocks or shares in a company
is simple investment and not a violation of the PLEASE SEE SPL REVIEWER ON
article. However, regularly buying securities for R.A. 7080
resale is speculation. AN ACT DEFINING AND PENALIZING
THE CRIME OF PLUNDER
Page 144 of 277

ATENEO CENTRAL
CHAPTER 4: MALVERSATION OF PUBLIC but is less than Two million four

FUNDS OR PROPERTY hundred thousand pesos
(P2,400,000).
ART. 217. MALVERSATION OF PUBLIC FUNDS 4. The penalty of reclusion
OR PROPERTY temporal, in its medium and
maximum periods, if the amount
Definitio Malversation — also called involved is more than Two
embezzlement. million four hundred thousand
pesos (P2,400,000) but does
Elements 1. That the offender be a public not exceed Four million four
officer (or private person if hundred thousand pesos
entrusted with public funds or if (P4,400,000). If the amount
in connivance with public exceeds the latter, the penalty
officers); shall be reclusion temporal in its
2. That he had the custody or maximum period to reclusion
control of funds or property (if not perpetua.
accountable for the funds, crime The penalty of reclusion
committed is theft or qualified temporal in the maximum
theft); period, if the amount involved is
3. That those funds or property more than Four million four
were public funds or property hundred thousand pesos
(even if private funds, they (P4,400,000) but does not
become public if attached, exceed Eight million eight
seized, deposited or hundred thousand pesos
commingled with public funds); (P8,800,000). If the amount
and exceeds the latter, the penalty
4. That he: shall be reclusion perpetua.
a. Appropriated the funds or
property; In all cases, persons guilty of
b. Took or misappropriated them; malversation shall also suffer the
or Consented or, through penalty of perpetual special
abandonment or negligence, disqualification and a fine equal to
permitted any other person to the amount of the funds malversed
take such public funds or or equal to the total value of the
property. property embezzled.
Penalty 1. The penalty of prision
correccional in its medium and MEANING OF MISAPPROPRIATE OR
maximum periods, if the amount CONVERT
involved in the misappropriation The words "misappropriate" and "convert" connote
or malversation does not exceed an act of using or disposing of another's property
Forty thousand pesos as if it were one's own or of devoting it to a purpose
(P40,000). or use different from that agreed upon. (Ceniza-
2. The penalty of prisiOn mayor in Manatan v People, GR No. 156248, August 28,
its minimum and medium 2007)
periods, if the amount involved
is more than Forty thousand NOTES:
pesos (P40,000) but does not • It is not necessary that the offender profited by
exceed One million two hundred his malversation. His being remiss in the duty
thousand pesos (P1,200,000). of safekeeping public funds violates the trust
3. The penalty of prision mayor in reposed.
its maximum period to reclusion • Public funds taken need not be
temporal in its minimum period, misappropriated.
if the amount involved is more • It can be committed either with malice or
than One million two hundred through negligence or imprudence although
thousand pesos (P1,200,000) the penalty is the same. Negligence of the
accountable public officer must be positively
Page 145 of 277

ATENE0 CENTRAL
and clearly shown to be inexcusable.

• In determining whether the offender is a public MALVERSATION ESTAFA WITH '
officer, what is controlling is the nature of his (ART. 217-) ABUSE OF
office and not the designation - contemplates CONFIDENCE
public officer who receives money or property (A-RT. 315)
from government for which he is bound to
-Funda or property Punds/property are
account, must have authority to collect or
usually public always private
receive
• The funds or property must be received in an Offender is usually a Offender is a private
official capacity. Otherwise, the crime public officer who is individual or even a
accountable for the public officer who is not
committed is estafa.
public funds/property accountable for public
CIRCUMSTANCES MAKING A PRIVATE funds/property
INDIVIDUAL LIABLE Crime is committed
When they are in conspiracy with public by appropriating, Crime is committed by
officers; taking, or misappropriating,
• When they have charge of national, provincial misappropriating/ converting, or
or municipal funds, revenues or property in any consenting, or denying having
capacity; through received money, goods
• Those who are accessory or accomplice to a abandsonment or or other personal
public officer; and negligence, property
• Depository or administrator of public funds or permitting any other
property. person to take the
NOTES: publicfunds/property
When malversation is not committed through
negligence, lack of criminal intent or good faith The fact that the obligation to deposit the
is a defense. collections of the City Treasurer's Office is not
The failure of a public officer to have any duly covered by appellant's official job description is
forthcoming public funds or property upon of no legal consequence in a prosecution for
demand, by any authorized officer, shall be Malversation. What is essential is that
prima facie evidence that he has put such appellant had custody or control of public
missing funds or property to personal use. funds by reason of the duties of his office.
However, if at the very moment when the [Poople, v. Hipol, 454 Phil. 679 (2003)]
shortage is discovered, the accountable officer See Azarcon v. Sandiganbayan 1G.R. No.
is notified, and ha immediately pays the 116033, Feb. 26, 1997] where the
amount from his pocket, the presumption does Sandiganayan ruled it had no jurisdiction over
not arise. a person who was given custody of distrained
Returning the embezzled funds is not an property. The Court said, "It is evident that the
exempting circumstpnce but only mitigating. petitioner did not cease to be a private
However, the return of the malversed funds individual when he agreed to act as a
should be "prompt." depositary of the garnished dumptruck
A person whose negligen,ce made possible the
commission of malversation by another can be
held liable as a principal by indispensable
cooperation.
Malversation may be commited either through
a positive act of misappropriation of public
funds or property or passively through-
negligence by allowing another to commit such
misappropriation (People v Jose Ting Lan Uy,
GR No. 157399, November 17, 2005)
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ATENEO CENTRAL
ART. 218. FAILURE OF ACCOUNTABLE ART. 219. FAILURE OF A RESPONSIBLE

OFFICER TO RENDER ACCOUNT PUBLIC OFFICER TO RENDER ACCOUNTS
BEFORE LEAVING THE COUNTRY
Any public officer, whether in the
service or separated therefrom by Any public officer who unlawfully
resignation or any other cause, who leaves or attempts to leave the
is required by law or regulation to Definitio Philippine Islands without securing
Definitio
render account to the Insular a certificate from the Insular Auditor
Auditor, or to a provincial auditor and showing that his accounts have
who fails to do so for a period of two been finally settled
months after such accounts should
be rendered PAU (3)
PARF(4) officer;
1. That the offender is a Public 2. That he must be an
officer, whether in the service or Accountable officer for public
separated there from; funds or property; and
2. That he must be an Elements 3. That he must have Unlawfully
Accountable officer for public left (or be on the point of
funds or property; leaving) the Philippines without
Elements
3. That he is Required by law or securing from the
regulation to render accounts Commission on Audit a
to the Commission on Audit, or certificate showing that his
to a provincial auditor; and accounts have been finally
4. That he Eails to do so for a settled.
period of two months after
such accounts should be Arresto mayor, or a fine ranging
rendered. from Forty thousand (P40,000) to
Penalty
Two hundred thousand (P200,000)
Prision correccional in its minimum pesos or both
period, or by a fine ranging from
Penalty Forty thousand pesos (P40,000) to NOTE:
One million two hundred thousand The act of leaving the Philippines must be
pesos (1,200,000), or both unauthorized or not permitted by law.
NOTE: ART. 220. ILLEGAL USE OF PUBLIC FUNDS

Demand and misappropriation are not necessary. OR PROPERTY (TECHNICAL
MALVERSATION)
Any public officer who shall apply

any public fund or property under his
Definitio administration to any public use
other than that for which such fund
or property were appropriated by law
or ordinance
PP-AA (4)
officer;
2. That there is Eublic fund or
Elements property under his
administration;
3. That such public fund or
property has been
Appropriated by law or
ordinance (without this, it is
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simple rnalversation); and

4. That he 4plies the same to a ILLEGAL USE OF MALVERSATION
public use other than for FUNDS OR (ART. 217)
which such fund or property has PROPERTY
been appropriated by law or (ART. 220)
ordinance. Offender is an accoUntable public officers.
Offender does not derive Offender in certain
PrisiOn correccional in its minimum any personal gain or cases profits from
period or a fine r,anging from one-half profit. the proceeds of the
to the total of the sum misapplied, if crime.
by reason of such misapplication,
any damage or embarrassment shall The public fund or The public fund or
haye resulted to the public service. property is applied to property is applied
Penalty In either case, the offender shall also another public use. to personal use.
suffer the pen,alty of temporary
special disqualification. ART. 221. FAILURE TO MAKE DELIVERY OF
If no damage or embarrassment to PUBLIC FUNDS OR PROPERTY
the public service has resulted, the
penalty shell be a fine from 5 to 50
Any public officer under obligation to
per cent of the sum misapplied.
make payment from Government
funds in his possession, who shall
NOTES: fail to make such payment
To distinguish this article with Art. 217 FR (2)
(malversation), in illegal use of public funds or 1. By Eailing to make payment by
property, the offender does not derive any a public officer who is under
personal gain, the funds are merely devoted to obligation to make such
• Definitio _
some other-public use. payment from Government
Absence of damage is only a mitigating n
funds in his possession; and
circumstance. 2. By !fetusing to make delivery
Criminal intent is not an element of technical by a public officer who has been
malversation. The law punishes the act of ordered by competent authority
diverting public property earmarked by law or to deliver any property in his
ordinanqe for a particular public purpose to custody or under his
another public purpose. The offense is male administration (must be
prohibita, meaning that the prohibited actis not malicious)
inherently immoral but becomes a criminal
offense because positive law forbids That the public officer has
its commission based on considerations of public government funds or property in
policy, order, and convenience. It is the his possession.
commission of an act as d,efined by the law, and 2. That he is under obligation to
not the character or effect thereof that determines either:
whether or not the provision has been violated. Elements a. make payment from such
Hence, malice or criminal intent is completely funds, or
irrelevant. (Arnold James M. Ysidoro v. b. to deliver property in his
People, G.R. No. 192330, November 14, 2012) custody or administration
In relation to 2nd element, if the public funds are when ordered by competent
established to be part of savings, the same authority; and
ceased to be appropriated by law or ordinance 3. That he maliciously fails or
for any specific purpose. (Abdulla v. People, refuses to do so.
G.R. No. 150129, April 6, 2005)
The fine shall be graduated in such
Penalty case by the value of the thing,
provided that it shall Hut less than
Ten thousand pesos (P10,000).
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ART. 222. OFFICERS INCLUDED IN THE judgment to any penalty.

PRECEDING PROVISIONS
2. By prision correccional in its
PERSONS LIABLE UNDER ART. 217 TO 221: minimum period and temporary
1. Private individual who, in any capacity, special disqualification, in case the
have charge of any national, provincial or fugitive shall not have been finally
municipal funds, revenue, or property. convicted but only held as a
Example: a withholding tax agent detention prisoner for any crime or
2. Administrator or depositary of funds or violation of law or municipal
property that has been attached, seized or ordinance.
deposited by public authority, even if owned by
a private individual.
DETENTION PRISONER— A person becomes a
NOTES: detention prisoner from the moment he is booked.
• Sheriffs and receivers fall under the term This refers to the accomplishment of the booking
"administrator." sheet and filling out of a form where he is finger
Judicial administrator not covered by this printed. From that time on, he is already a
artiole.(Appointed to administer estate of detention prisoner even if he is not yet
deceased and not in charge of property incarcerated.
attached, impounded or placed in deposit by
public authority) The release of a detention prisoner who could not
Private property is included if it is attached, be delivered to judicial authorities within the time
seized or deposited by public authority. fixed by law is not infidelity in the custody of a
prisoner. Neither is mere leniency or laxity in the
CHAPTER 5: INFIDELITY OF PUBLIC performance of duty constitutes of infidelity.
OFFICERS
There is real and actual evasion of service of
SECTION 1. — INFIDELITY IN THE CUSTODY sentence when the custodian permits the prisoner
OF PRISONERS to obtain a relaxation of his imprisonment.
ART. 22$. CONNIVING WITH OR CONSENTING ART. 224. EVASION THROUGH

TO EVASION NEGLIGENCE
Any public officer who shall consent If the evasion of the prisoner shall
Definitio have taken place through the
to the escape of a prisoner in his Definitio
custody or charge negligence of the officer charged
with the conveyance or custody of
1. That the offender is a public the escaping prisoner
officer (on duty);
2. That he is charged with the PCE (3)
conveyance or custody of a 1. That the offender is a Eublic
prisoner, either detention officer;
Elements prisoner or prisoner by final 2. That he is charged with the
judgment; Elements onveyance or custody of a
3. That such prisoner escaped prisoner, either detention
from his custody; and prisoner or prisoner by final
4. That he was in connivance with judgment; and
the prisoner in the latter's 3. That such prisoner escapes
escape. through his negligence.
1. By priskin correccional in its Arresto mayor in its maximum period

medium and maximum periods and to prisiOn correccional in its
Penalty
temporary special disqualification in minimum period and temporary
Penalty special disqualification.
its maximum period to perpetual
special disqualification, if the fugitive
shall have been sentenced by final NOTES:
• The article punishes a definite laxity which
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amounts to deliberate non- performance of a SECTION 2. —INFIDELITY OF THE CUSTODY

duty. OF DOCUMENTS
The fact that the public officer recaptured the
prisoner who had escaped from his custody ART. 226. REMOVAL, CONCEALMENT, OR
does not afford him complete exculpation. DESTRUCTION OF DOCUMENTS
The liability of an escaping prisoner:
a. if he is a prisoner py final judgment, he is liable
for evasion of service (Art. 157); or Definitio Public officer who shall remove,
b. if he is a detention prisoner, he does not incur n destroy or conceal documents or
criminal liability (unless he cooperated with the papers officially entrusted to him
offender). Elements PA-ED (4)
The negligent public officer suffers the same : 1. That the offender be a Eublic
penalty regardless of whether the prisoner is a officer;
convict or merely a detention prisoner.
2. That he Abstracts, destroys or
conceals a document or papers:
Any public officer who has, direct custody of a
3. That the said document or paper
detained person under the provisions of this Act
should have been Entrusted to
and who, by deliberate act, misconduct or
such public officer by reason of
inexcusable negligence causes or allows the
his office; and
escape of such detained person shall be guilty of
4. That Damage, whether serious
an offense. (RA 9372; Sec. 44)
or not, to a third party or to the
public interest should have been
ART. 225. ESCAPE OF PRISONER UNDER THE
caused.
CUSTODY OF A PERSON NOT A PUBLIC
OFFICER Penalty 1. The penalty of prisiOn mayor and
a fine not exceeding two hundred
thousand pesos (P200,000),
Any priyate person to whom the
whenever serious damage shall
, conveyance or custody of a prisoner
have been caused thereby to a third
Definitio or person under arrest shall have
party or to the public interest.
n been confide, who shall commit
2. The penalty of prisiOn
any of the offenses mentioned in the
correccional in its minimum and
two preceding articles
medium period and a fine not
1. That the offender is a private exceeding two hundred thousand
person; pesos (P200,000), whenever the
2. That the conveyance or custody damage to a third party or to the
of a prisoner or person under public interest shall not have been
arrest is confided to him; (He serious.
has custody) In either case, the additional penalty
Elements 3. That the prisoner or person of temporary special disqualification
. under arrest escapes; and in its maximum period to perpetual
4. That the offender consents to disqualification shall be imposed.
-the escape of the prisoner or
person under arrest, or that the NOTES:
escape takes place through his The document must be complete and one by
negligence. which a right could be established or an
obligation could be extinguished.
• "Papers" would include checks, promissory
Penalty Next lower in degree than that NOTES and paper money.
prescribed for a public officer A post office official who retained the mail
without forwarding the letters to their
NOTE:_ destination is guilty of infidelity in the custody
This article is not applicable if a private person of papers.
made the arrest and he consented to the escape of • Removal of a document or paper must be for
the person he arrested. an illicit purpose. There is illicit purpose when
the intention of the offender is to:
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a. tamper with it, ART. 228. OPENING OF CLOSED

b. to profit by it, or DOCUMENTS
c. to commit any act constituting a breach
of trust in the official care thereof. Any public officer not included in the
Removal is consummated upon removal or provisions of the next preceding
secreting away of the document from its usual article who, without proper authority,
place. It is immaterial whether or not the illicit Definitio
shall open or shall permit to be
purpose of the offender has been opened any closed papers,
accomplished. documents or objects entrusted to
• Infidelity in the custody of documents through his custody
destruction or concealment does not require
proof of an illicit purpose. (PEHN) (4)
• Delivering the document to the wrong party is 1. That the offender is a Eublic
infidelity in the custody thereof. officer;
2. That any closed papers,
ART. 227. OFFICER BREAKING SEAL documents, or objects are
Elements
entrusted to his custody;
Any public officer charged with the 3. That He opens or permits to be
custody of papers or property sealed opened said closed papers,
Definitio documents or objects; and
by proper authority, who shall break
the seals or permit them to be 4. That he does Not have proper
broken authority.
PC-SB (4) Penalties of arresto mayor,

1. That the offender is a Eublic temporary special disqualification
Penalty
officer; and a fine of not exceeding Four
2. That he is Qharged with the hundred thousand pesos (P400,000)
custody of papers or property;
3. That these papers or property NOTES:
are gealed by proper 1. "Custody" means guarding or keeping
Elements authority; and safe care.
4. That he Breaks the seals or 2. Damage or intent to cause damage is not
permits them to be broken. necessary.
It is the breaking of the seals and
not the opening of a closed
envelope which is punished.
Damage or intent to cause
damage is not necessary;
damage is presumed.
Penalties of prision correccional in
its minimum and medium periods,
temporary special disqualification
Penalty
and a fine not exceeding Four
hundred thousand pesos
(P400,000).
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SECTI9N 3. — REVELATION OF SECRETS • Damage is essential to the act committed.
ART. 229. REVELATION OF SECRETS BY AN Penalty: prision correccional in its medium and
OFFICER maximum periods, perpetual special
disqualification and a fine not exceeding Four
Punishable Acts: hundred thousand pesos (P400,000) if the
1. By revealing any secret known to the offending revelation of such secrets or the delivery of such
public officer by reason of his official capacity; papers shall have caused serious damage to the
and public interest;
2. By delivering wrongfully papers or copies of
papers of which he may have charge and Otherwise, the penalties of prision correccional in
which should not be finished. its Minimum period, temporary special
disqualification and a fine not exceeding One
ELEMENTS OF PAR. 1 (SECRETS KNOWN BY hundred thousand pesos (P100,000) shall be
REASON OF HIS OFFICIAL CAPACITY): POWD imposed.
(4)
1. That the offender is a Eublic officer; ART. 230. PUBLIC OFFICER REVEALING
2. That he knows of a secret by reason of his SECRETS OF PRIVATE INDIVIDUAL
Qfficial capacity;
3. That he reveals such secret Without authority
or justifiable reasons; and Any public officer to whom the
4. That 2arnage, great or small, be caused to the Definitio secrets of any private individual shall
public interest. n become known by reason of his
office who shall reveal such secrets
NOTES:
PKR (3)
Secret must affect public interest not secrets of
a private individual.
officer;
Espionage for the benefit of another State is
Elements 2. That he Knows of the secret of
not contemplated by the article. If regarding
a private individual by reason of
military secrets or secrets affecting state
his office; and
security, the crime may be espionage.
3. That he Reveals such secrets
ELEMENTS OF PAR. 2 (WRONGFULLY without authority or justifiable
reason.
DELIVERING PAPERS OR COPIES OF PAPERS
OF WHICH HE MAY HAVE _CHARGE AND Arresto mayor and a fine not
WHICH SHOULD NorE.3 PUBLISHED): (6) Penalty exceeding two hundred thousand
1. That the offender is a public officer; pesos (P200,000).
2. That he has charge of papers;
3. That those papers should not be published;
4. That he delivers those papers or copies thereof NOTES:
to a third person; • Revelation to one person is sufficient.
5. That the delivery is wrongful; and • If the offender is an attorney, he is properly
6. That damage be caused to public interest. liable under Art. 209 (betrayal of trust by an
attorney).
NOTES: • Damage to private individual is not necessary.
CHARGE means custody or control. If he is • It is not necessary that the damage is suffered
merely entrusted with the papers and not with by the private individual. The reason for this
the custody thereof, he is not liable under this provision is to uphold faith and trust in the
article. public service.
If the papers contain secrets which should not
be published, and the public officer having
charge thereof removes and delivers them
wrongfully to a third person, the crime- is
revelation of secrets. On the other hand, if the
papers do not contain secrets, their removal for
an illicit purpose is infidelity in the custody of
documents.
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CHAPTER 6: OTHER OFFENSES OR ART. 232. DISOBEDIENCE TO ORDER OF

IRREGULARITIES BY PUBLIC OFFICERS SUPERIOR OFFICER; WHEN SAID ORDER
WAS SUSPENDED BY INFERIOR OFFICER
SECTION 1. — DISOBEDIENCE, REFUSAL OF
ASSISTANCE, AND MALTREATMENT OF Any public officer who, having for
PRISONERS any reason suspended the
Definitio execution of the orders of his
ART. 231. OPEN DISOBEDIENCE superiors, shall disobey such
superiors after the latter have
Any judicial or executive officer who disapproved the suspension
shall openly refuse to execute the
judgment, decision or order of any (POSS-D) (5)
Definitio 1. That the offender is a Eublic
superior authority made within the
scope of the jurisdiction of the latter officer;
and issued with all the legal 2. That an Qrder is issued by his
formalities superior for execution;
3. That he has for any reason
(JJJ-0) (4) Elements Auspended the execution of
1. That the offender is a ludicial such order;
or 4. That his Superior disapproves
executive officer; the suspension of the execution
2. That there is a judgment, of the order; and
decision or order of superior 5. That the offender Qisobeys his
authority; superior despite the disapproval
3. That such ludgment, decision of the suspension.
Elements
or order was made within the
scope of the jurisdiction of the Prision correccional in its minimum
superior authority and issued Penalty and medium periods and perpetual
with all the legal formalities; and special disqualification
4. That the offender without any
legal justification NOTE:
5. Qpenly refuses to execute the A public officer is not liable if the order of the
said judgment, decision or under superior is illegal.
which he is duty bound to obey.
ART. 233. REFUSAL OF ASSISTANCE
Arresto mayor in its medium period
to prisi6n correccional in its
minimum period, temporary special A public officer who, upon demand
Penalty disqualification in its maximum from competent authority, shall fail to
Definitio
period and a fine not exceeding Two lend his cooperation towards the
hundred thousand pesos administration of justice or other
(P200,000). public service
PCM (3)
officer;
2. That a ,Qompetent authority
Elements demands from the offender that
he lend his cooperation towards
the administration of justice or
other public service; and
3. That the offender fails to do so
Maliciously
If such failure shall result in serious
Penalty damage to the public interest, or to a
third party, the penalties of arresto
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mayor in its medium period to prision ART. 235. MALTREATMENT OF

correccional in its minimum period, PRISONERS
perpetual special disqualification
arid a fine n9t exceeding Two Any public officer or employee who
hundred thousand' pesos shall overdo himself in the correction
(P200,000), shall e imposed. or handling of a prisoner or detention
Definitio prisoner under his charge, by the
Otherwise, arresto mayor in its imposition of punishments not
medium and maximum periods and authorized by the regulations, or by
a fine not exceeding One hundred inflicting such punishments in a cruel
thousand pesos (P100,000) shall be and humiliating manner
imposed.
1. That the offender is a public
NOTES: officer or employee;
• - This felony involves a request from one public 2. That he has charge of a prisoner
officer to another. or detention prisoner (otherwise
Damage to the public interest or third party is the crime is physical injuries);
essential. and
• Demand is necessary. That he maltreats such prisoner
• Demand must be from competent authority. in either of the following
manners:
ART. 234. REFUSAL TO DISCHARGE a. By overdoing himself in the
ELECTIVE OFFICE Elements correction or handling of a
prisoner or detention prisoner
under his charge either —
Any person who, having been by the imposition of
Definitio elected by popular election to a punishments not authorized by
-
public office, shall refuse without the regulations, or
n
legal motive to be sworn in or to- ii. by inflicting such punishments
discharge the duties of said office (those authorized) in a cruel
and humiliating manner, or
ERN (3) by maltreating such prisoner to
1. That the offender is Elected by extort a confession or to obtain
popular election to a public some information from the
office; prisoner.
2. That he Refuses to be sworn in
Elements
or discharge the duties of said The penalty of prision correccional in
office; its medium period to prision
3. That there is No legal motive correccional in its minimum period,
for such refusal to be sworn in or in addition to his liability for the
to discharge th,e duties of said physical injuries or damage caused
office.
If the purpose of the maltreatment is
Arresto mayor or a fine not to extort a confession, or to obtain
Penalty exceeding Two hundred thousand Penalty some information from the prisoner,
pesos (P200,000), or both the offender shall be punished by
prisi6n mayor in its minimum period,
NOTES: temporary special disqualification
If the elected person i disqualified, his refusal and a fine not exceeding One
to be sworn in or to discharge the duties of the hundred thousand pesos
office is justified. (P100,000), in addition to his liability
Refusal to discharge the duties of an for the physical injuries or damage
appointive office is not covered by this article. caused.
NOTES:
• The public officer must have actual charge of
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the prisoner in order to be held liable (not ART. 237. PROLONGING PERFORMANCE
merely by legal fiction). OF DUTIES AND POWERS
• Offended party must be a: (1) convict by final
judgment, or (2) detention prisoner. Any public officer shall continue to
• Maltreatment should not be due to personal exercise the duties and powers of his
grudge, otherwise, liable for physical injuries Definitio office, employment or commission
only. beyond the period provided by law,
• Offender may also be held liable for physical regulation or special provisions
injuries or damages caused. There is no applicable to the case
complex crime of maltreatment of prisoners
with serious or less serious physical injuries. 1. That the offender is holding a
Offender may also be held liable for physical public office;
injuries or damage caused. (Penalty provided 2. That the period provided by law,
in Article 235 is imposed in addition to penalty regulations or special provisions
for injury or damage caused) Elements
for holding such office has
already expired; and
SECTION 2. — ANTICIPATION, 3. That he continues to exercise
PROLONGATION AND ABANDONMENT OF the duties and powers of such
THE DUTIES AND POWERS OF PUBLIC office.
OFFICE
Prisi6n correccional in its minimum
ART. 236. ANTICIPATION OF DUTIES OF A period, special temporary
PUBLIC OFFICE Penalty disqualification in its minimum period
and a fine not exceeding One
hundred thousand pesos (P100,000)
Any person who shall assume the
performance of the duties and
Definitio powers of any public officer or NOTE:
employment without first being Officers contemplated are those who have been
sworn in or having given the bond suspended, separated, declared over-aged or
required by law dismissed.
ELAN (4) ART. 238. ABANDONMENT OF OFFICE OR

1. That the offender is Entitled to POSITION
hold a public office or
employment, either by election
or appointment; Any public officer who, before the
2. That the Law requires that he Definitio acceptance of his resignation, shall
Elements should first be sworn in and/or abandon his office to the detriment of
should first give a bond; the public service
3. That he Assumes the 1. That the offender is a public
performance of the duties and officer;
powers of such office; and 2. That he formally resigns from his
4. That he has Not taken his oath of position;
office and/or given the bond Elements
3. That his resignation has not yet
required bylaw. been accepted; and
4. That he abandons his office to
suspended from such office or
employment until he shall have the detriment of the public
complied with the respective service.
Penalty formalities and shall be fined from Arrest° mayor
Forty thousand pesos (P40,000) to
One hundred thousand pesos If such office shall have been
(P100,000) Penalty abandoned in order to evade the
discharge of the duties of
preventing, prosecuting or punishing
any of the crimes falling within Title
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-
One, and Chapter One offitle Three SECTION 3. — USURPATION OF POWERS AND
of Book Two of this Code, the UNLAWFUL APPOINTMENTS
offender shall be punished by prision
correccionall in its minimum and ART. 239. USURPATION OF LEGISLATIVE
medium periods, and by arresto POWERS
mayor if the purpose of such
abandonment is to evade the duty Of Any public officer who shall
preventing, prosecuting or punishing encroach upon the powers of the
any other crime. legislative branch of the
Definitio Government, either by making
NOTES; n general rules or regulations beyond
• There must be formal or written resignation. the scope of his authority, or by
-attempting to repeal a law or
ABANDONMENT OF DERELICTION OF 'suspending the execution thereof
OFFICE OR DUTY (ART. 208) 1. That the offender is an executive
POSITION
or
- judicial officer; and
(ART. 38)
2. That he:
Committed by-any Committed only by- (a) makes general rules or
public officer; and public officers who Elements regulations beyond the scope of
have the duty to his authority, or
institute (b) attempts to repeal a law, or
prosecution; (c) suspends the execution
There is actual ' Public officer does thereof.
abandonment not abandon his
through resignation to office but merely
evade the discharge fails to prosecute Prision correccional in its minimum
of duties. a violation of the . period, temporary special
law. Penalty disqualification and a fine not
exceeding Two hundred thousand
pesos (P200,000)
The offense is, qualified if the purpose behind the

ART. 249. USURPATION OF EXECUTIVE
abandonment is to evade the discharge of duties
FUNCTIONS
Consisting of preventing, prosecuting or punishing
any of the crimes against national security (e.g. - .-
treason, espionage), in which case, the penalty is Any judge who shall so assume any
higher. power pertaining to the executive
Definitio
authorities, or shall obstruct the
n
latter in the lawful exercise of their
powers
1. That the offender is a judge; and

2. That he:
(a) assumes a power
Elements pertaining to the
executive authorities, or
(b) obstructs executive
authorities in the lawful
exercise of their powers.
arresto mayor in its medium period
Penalty to prision correccional in its
minimum period
NOTES:
Legislative officers are not liable for usurpation of
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executive functions. ART. 243, ORDERS OR REQUESTS BY

EXECUTIVE OFFICER TO ANY JUDICIAL
ART. 241. USURPATION OF JUDICIAL AUTHORITY
FUNCTIONS
Definitio
Any officer of the executive branch of
the Government who shall assume
Definitio judicial powers or shall obstruct the 1. That the offender is an
execution of any order or decision executive officer;
rendered by any judge within his 2. That he addresses any order or
jurisdiction suggestion to any judicial
Elements authority; and
1. That the offender is an officer of 3. That the order or suggestion
the executive branch of the relates to any case or business
government; and coming within the exclusive
Elements 2. That he: (a) assumes judicial jurisdiction of the courts of
powers, or (b)obstructs the justice.
execution of any order or
decision rendered by any judge arresto mayor and a fine not
within his jurisdiction. Penalty exceeding One hundred thousand
pesos (P100,000
arresto mayor in its medium period
Penalty to prision correccional in its NOTE:
minimum period Legislative or judicial officers are not liable under
this article.
ART. 242. DISOBEYING REQUEST FOR
DISQUALIFICATION ART. 244. UNLAWFUL APPOINTMENTS
Any public officer who, before the Any public officer who shall
question of jurisdiction is decided, Definitio knowingly nominate or appoint to
Definitio
shall continue any proceeding after any public office any person lacking
having been lawfully required to the legal qualifications therefor
refrain from so doing
1. That the offender is a public
1. That the offender is a public officer;
officer; 2. That he nominates or appoints a
2. That a proceeding is pending person to a public office;
before such public officer; Elements 3. That such person lacks the legal
3. That there is a question brought qualification therefor; and
before the proper authority 4. That the offender knows that his
Elements
regarding his jurisdiction, which nominee or appointee lacks the
is not yet decided; qualification at the time he made
4. That he has been lawfully the nomination or appointment.
required to refrain from
continuing the proceeding; and arresto mayor and a fine not
5. That he continues the Penalty exceeding Two hundred thousand
proceeding. pesos (P200,000)
arresto mayor and a fine not
Penalty exceeding One hundred thousand NOTES:
pesos (P100,000 • Mere recommending, even if with the
knowledge that the person recommended is
not qualified, is not a crime. He must nominate.
• There must be a law providing for the
qualifications of a person to be nominated or
appointed to a public office.
SECTION 4. — ABUSES AGAINST
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CHASTITY PLEASE SEE -SPL REVIEWER ON THE FF.

ART, 245. ABUSES AGAINST CHASTITY RELATE? SPECIAL PENAL LAWS: R.A. 9262,
t - R.A. 9775, R.A. 8049, R.A. 7610, as Amended, 1
PUNISHAER-E ACTS: (3) R.A. 9344, R.A. 9372
1. By soliciting or making immoral or indecent
advances to a woman interested in matters
pending before the ,offending officer for
decision, or with respect to-which he is required
to submit a report to or consult with a superior
officer;
advances to a woman under the offender's
custody; and
advances fo the wife, daughter, sister, or
relati‘T within the Same degree by affinity of
any person in custody of the offending warden
or officer.
ELEMENTS: (3)
1. That the offender is a public officer;
2. That he solicits or-malses immoral or indecent
advances to a woman; and
3. That such woman must be —
a. interested in matters pending before the
offender for decision, or with respect to which
he is required to submit a report to or consult
with a superior officer, or
b. under the custody of the offender who is a
warden or other public officer directly charged
With care and custody of prisoners or person
under arrest, or
c. the wife, daughter, sister or relative within the
same degree by affinity of the person in the
custody of the offender.
NOTES:
The mother of the person in the custody of the
public officer iS not included.
To solicit means to propose earnestly and
persistently something unchaste and immoral
to a woman.
The crime is consummated by mere proposal.
Proof of solicitation is not necessary when
there is sexual intercourse.
Punishment: Prision correccjonal (Med and Max)
If the person solicited be the wife, daughter, sister

or relative within the same degree by affinity of any
person in the custody of such warden or officer, the
penalties shall be prision correccional in its
minimum and medium periods and temporary
special disqualification.
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G. CRIMES AGAINST PERSONS of ethnic cultural communities recognized (Art.

33, Family Code).
CHAPTER 1: DESTRUCTION OF LIFE Parricide through reckless imprudence:
o Reckless imprudence — punished by
SECTION 1 - PARRICIDE, MURDER, HOMICIDE arresto mayor in its max. period to prision
correccional in its med. Period; and
ART. 246. PARRICIDE o Simple imprudence or negligence —
punished by arresto mayor in its med.-
max. periods.
Any person who shall kill his father, Parricide by mistake: exists because
mother, or child, whether legitimate knowledge of relationship is not required in
Definitio
or illegitimate, or any of his parricide.
ascendants, or descendants, or his Parricide by omission (in relation to Art. 276,
spouse 2nd par. — Abandoning a minor).
1. That a person is killed; Stranger cooperating in parricide is only guilty
2. That the deceased is killed by of homicide or murder, as the case may be.
the accused;
3. That the deceased is the PARRICIDE IS NOT PUNISHABLE BY
a. father, mother, or child, RECLUSION PERPETUA TO DEATH WHEN:
Elements 1. It is committed through negligence (Art. 365);
whether legitimate or
illegitimate, or 2. Committed under exceptional circumstances
b. legitimate other ascendant or (Art. 247).
other descendant, or
c. legitimate spouse of the ART. 247. DEATH OR PHYSICAL INJURIES
accused. INFLICTED UNDER EXCEPTIONAL
CIRCUMSTANCES
Penalty Reclusion perpetua to death
ELEMENTS: (3)
1. A legally married person or parent surprises
RELATIONSHIP OF THE OFFENDER WITH his spouse or daughter (the latter must be
THE VICTIM IS THE ESSENTIAL ELEMENT under 18 and living with them) in the act of
1. Required to determine legitimacy of committing sexual intercourse with another
relationship; person;
2. The following are excluded (i.e., the accused 2. He/she kills any or both of them or inflicts upon
will not be guilty of parricide) ALAIC any or both of them any serious physical injury
a. Adoptive relationship (adopting parent- in the act or immediately thereafter; and
adopted child); (Reyes, The Revised 3. He has not promoted or facilitated the
Penal Code Book Two, p. 507, 2017) prostitution of his wife or daughter, or that he
b. Child less than 3 days old (infanticide); has not consented to the infidelity of the other
c. Relationship by affinity (in-laws); spouse.
d. Illegitimate other ascendant/descendant;
and NOTE:
e. Common-law spouse. The article does not define a crime but grants a
singular mitigating circumstance and provides for
NOTES: the penalty of destierro (as a form of protection for
Relationship must be alleged and proved. If not the accused) instead of the severe penalty
alleged, it can only be considered as an prescribed for parricide, homicide, or physical
ordinaryaggravating circumstance. injuries
• Punished by reclusion perpetua to death.
• Only relatives by blood and in direct line DEFINITIONS OF TERMS
(except spouse) are considered. Only relatives 1. Legally married excludes common- law
by blood may be legitimate or illegitimate. An relationship.
adoptive father or adopted son, or father-in-law 2. Legitimacy of parent not required, as long as
or son-in- law is not included in this provision. a. Daughter is minor, unmarried and living
(Reyes, The Revised Penal Code Book Two p. with her parents.
507, 2017) 3. Surprise means "to come up suddenly and
Marriages among Muslims or among members unexpectedly."
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4. In the act of committing sexual intercourse

with another person is satisfied if persons to insure or afford
circumstances show reasonably that the impunity,
carnal act is being committed or has just been b. in consideration of price,
committed. reward or promise,
5. Immediately thereafter means the discovery, c. by means of inundation, fire,
escape, pursuit and the killing must all form poison, explosion,
parts of one continuous act. shipwreck, stranding of
vessel, derailment or assault
JUSTIFICATION FOR ART. 247: BURST OF upon a street car or
PASSION locomotive, fall of airship, by
The killing must be the prpximate result of the means of motor vehicles or
outrage overwhelming the accused; and not with the use of any other
influenced by external factors. means involving great waste
or ruin,
PHYSICAL INJURIES MUST BE SERIOUS on occasion of any of the
If the physical injuries are less serious or slight, it calamities enumerated in the
is an absolutory cause, thys no criminal liability preceding paragraph, or of
an earthquake, eruption of a
NOTES: volcano, destructive
• Both wives and husbands are entitled to the cyclone, epidemic or any
benefits of this article. other public calamity,
• Sexual intercourse does not include e. with evident premeditation,
preparatory acts. or
• Althpugh as,a rule, one committing an offense f. with cruelty, by deliberately
is liable for all the consequences of his act, the and inhumanely augmenting
rule presupposes that the act done amounts to the suffering of the victim or
a felony. If the act one is not a felony, the outraging or scoffing at his
accused cannot be held liable for physical person or corpse; and
injuries inflicted upon third persons (Le., those 4. The killing is not parricide or
other than the wife/daughter and the infanticide.
paramour). (People v. Aqarca, 153 SCRA 735)
It is immaterial whether the offending daughter Penalty reclusion perpetua to death.
is legitimate or illegitimete provided they are
living with their offended parents. Murder is the unlawful killing of any person, which
is net parricide or infanticide, provided that any of
ART. 248. MURDER the enumerated circumstances are present
_
Any person who, not falling within NOTE :
the provisions qf article 246 shall kill • Intent to kill — essential in all circumstances
Definitio EXCEPT treachery.
n another or the killing of a person with
the attendance of qualifying • Victim must be killed in order to consummate
circumstance, the crime; if victim IS NOT killed—either
attempted or frustrated murder.
1. That a person is killed; Treachery — present when the act constituting
2. That the deceased is killed by the felony is sudden and unexpected to the
the accused; point of . incapacitating the victim to repel or
3. That the killing was attended by escape it.
any of the following qualifying O The means, methods, or form of attack
Elements circumstances: must be consciously adopted by the
. a. with treachery, taking offender.
advantage of superior O Present when an adult person attacks a
strength, with the aid of child of tender years.
armed men, or employing O The essence of treachery is that the attack
means to weaken the comes without a warning and in a swift,
defense or of means or deliberate, and unexpected manner,
affording the hapless, unarmed, and
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unsuspecting victim no chance to resist or 3. Any of the circumstances must be alleged in

escape. Here, there is no doubt that order to qualify the crime to murder. If not
treachery was present. Benny and Adriano alleged, it will not even be considered as a
were in the crime scene prior to the generic aggravating circumstance. (Secs. 8
incident. and 9, Rule 110 of the Rules of Court)
They hid in a dark portion of the road and assaulted OUTRAGING OR SCOFFING AT HIS
Jesus with their bolos while he was urinating with PERSON OR CORPSE: QUALIFYING
his back to them. They even held him by his CIRCUMSTANCE NOT MENTIONED IN
shoulders to render him defenseless and unable to ART. 14
resist the attack on him by his assailants. Jesus 1. Outraging: to commit an extremely vicious or
was unaware of the imminent peril to his life and deeply insulting act; and
was rendered incapable of defending himself. 2. Scoffing: to jeer, implies a showing of
(People v. aenny Cabtalan, G.R. No. 175980, irreverence.
February 15, 2012)
Not enough that superior strength is present; ART. 249. HOMICIDE
it must be taken advantage of.
Also applies when act is committed on Any person who, not falling within
occasion of a public calamity. the provisions of article 246 shall kill
Armed men must take part in the commission Definitio another without the attendance of
of the crime directly or indirectly. any of the circumstances
Accused must avail himself of their aid or rely enumerated in the next preceding
upon them. article
Person who received the price, reward, or
promise is a principal by direct participation; (PAIN) (4)
person who gave such price, reward, or 1. That a Eerson was killed;
promise is a principal by induction. BOTH are 2. That the Accused killed him
guilty of murder. without any justifying
Treachery and premeditation are inherent in circumstances;
murder by poison, and thus, cannot be 3. That the accused had the
considered as aggravating. Elements
Intention to kill, which is
presumed; and
WHEN ABUSE OF SUPERIOR STRENGTH 4. That the killing was Not
DOES NOT APPLY attended by any of the
The presence of abuse of superior strength should qualifying circumstances of
not result in qualifying the offense to murder when murder, or by that of parricide or
it obtains in the special complex crime of robbery infanticide.
with homicide. In such case, it should be regarded
as a generic circumstance. (Judge Pimentel Notes, Penalty Reclusion Temporal
page 220)
COMPLEX CRIME OF DIRECT ASSAULT WITH NOTES:

MURDER OR HOMICIDE Homicide is the unlawful killing of any person,
When the assault results in the killing of that agent which is neither parricide, murder, nor
or of a person in authority, there arises the complex infanticide
crime of direct assault with murder or homicide. Consummated when victim is killed; otherwise,
(People v Ex-Mayor Carlos Estonilo Sr., et al., GR attempted or frustrated.
No 201565, October 13, 2014). Presumption of intent to kill
a. With respect to crimes of personal
RULES FOR APPLICATION OF violence, the penal law looks particularly to
QUALIFYING CIRCUMSTANCES the material results following the unlawful
1. Murder will exist with only one of the act and holds the aggressor responsible
circumstances; others must be considered as for all the consequences thereof.
generic aggravating. b. Evidence of intent to kill is important only
2. When other circumstances are absorbed or in attempted or frustrated homicide.
included in one qualifying circumstance, they i. Intent to kill is conclusively presumed
cannot be considered as generic aggravating. when the victim dies;
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ii. Generally sh9wn by the kind of ART. 250. PENALTY FOR FRUSTRATED
weapon used, the parts of the victim's PARRICIDE, MURDER, QR HOMICIDE
body at which it was aimed, and by the
Courts may impose a penalty two degrees
wounds inflibted.
lower for frustrated parricide, murder or
• Eut purpose of the accused may
homici,de, under Article 50.
also be considered.
Courts may impose a penalty three degrees
iii. The element of intent to kill is
lower for attempted parricide, murder or
incompatible with imprudence or
homicide, under Article 51.
negligence.
This rule is permissive—not mandatory
e Intent to kill must be proved
beyond tjeasonable doubt. ART. 251. DEATH CAUSED IN A
iv. No attempted or frustrated homicide
TUMULTUOUS AFFRAY
through imprudence or negligence;
crime would be physical injuries When, while several persons, not
through recyess imprudence
composing groups organized for the
• As an exception, see Accidental COMMOrl purpose of assaulting and
Homicide. attacking each other reciprocally,
When two different persons inflicted the quarrel and assault each other in a
wounds which cause,d the death, both are Definitio confused and tumultuous manner,
guilty of homicide.
and in the course of the affray
a. The burden to prove otherwise is on each
someone is killed-, and it cannot be
of the defendants.
ascertained who actually killed the
b. Proof of conspiracy is not necessary.
deceased, but the person or persons
c. Also applies when it was not shown which
who inflicted serious physical
wounds were inflicted by each person. injuries can be identified
When defense is not allowed to exculpate: 1. That there be several persons;
a. Refusal of victim to be operated; or 2. That they did not compose
b. The fact of suicide by the victim concur. groups organized for the
common purpose of assaulting
Use of unlicensed firearm is considered as an and attacking each other
aggravating circumstance and not as a separate reciprocally;
crime. 3. That these several persons
quarreled and assaulted one
ACCIDENTAL HOMICIDE is the death of a person another in a confused and
brought about by a lawful act performed with Elements
tumultuous manner;
proper care and skill, and without homicidal intent 4. That someone was killed in the
a. If in a game, the rules have been violated and course of the affray;
death resulted, determine Jntent to kill: 5. That it cannot be ascertained
i. If with intent to kill, it is intentional homicide; who actually killed the
Or deceased; and
ii. If without intent to kill, it is homicide through 6. That the person or persons who
negligence. inflicted serious physical injuries
or who used violence can be
CORPUS DEMI! identified.
In all crimps against persons in which the death of
the victim is an elements of the offense, there must Prision mayor.
be satisfactory evidence of
1. The fact of death, and If it cannot be determined who
2. The identity of the victim. inflicted the serious physical injuries
- This does not refer to the ,body of the victim but on the deceased, the penalty of
Penalty
to the actual commission of the crime charged. prision correccional in its medium
and maximum periods shall be
imposed upon all those who shall
have used violence upon the person
of the victim.
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penalty next lower in degree than

DEFINITION OF TERMS that
provided for the physical injuries so
TUMULTUOUS —Tumultuous (as used in Art. 153) inflicted.
means that the disturbance is caused by at least
four persons who are armed or are provided with When the physical injuries inflicted
means of violence. are of a less serious nature and the
person responsible therefor cannot
There must be no unity of purpose and be identified, all those who appear to
intention among the persons who used have used any violence upon the
violence. person of the offended party shall be
punished by arresto from five to
PERSONS LIABLE: fifteen days.
a. Person or persons who inflicted serious
physical injuries; or
b. If it is not known who inflicted serious physical NOTES:
injuries on the deceased, all persons who used • Persons liable: Only those who have used
violence upon the person of the victim violence on the person of the offended party.
• Penalty will be one degree lower than that
NOTES: provided for the physical injury inflicted.
When there are 2 identified groups of men who • Injured party must be a participant of the
assaulted each other, there is no tumultuous tumultuous affray (as opposed to the
affray. preceding article).
The person killed need not be a participant in • If the one who caused physical injuries is
the affray. known, he will be liable for physical injuries
Does not apply when the person who inflicted actually committed.
the fatal wound is known; in that case, the crime • Slight physical injuries are not included
will be homicide under Art. 249.
ART. 253. GIVING ASSISTANCE TO
ART. 252. PHYSICAL INJURIES INFLICTED SUICIDE
IN A TUMULTUOUS AFFRAY
Definitio Any person who shall assist another
When in a tumultuous affray as to commit suicide whether the
Definitio referred to in the preceding article, suicide was consummated or not.
only serious physical injuries are
inflicted upon the participants Elements N/A
1. That there is a tumultuous affray

as referred to in the preceding Penalty Suicide was consummated: prisi6n
article; mayor;
2. That a participant or some
participants thereof suffer if such person lends his assistance
serious physical injuries or to another to the extent of doing the
physical injuries of a less killing himself: reclusion temporal.
Elements
serious nature only;
3. That the person responsible If the suicide is not consummated:
therefor cannot be identified; arresto mayor in its medium and
and maximum periods
4. That all those who appear to
have used violence upon the PUNISHABLE ACTS:
person of the offended party are 1. Assisting another to commit suicide,
known. whether the suicide is consummated or not;
and
All those who appear to have used
2. Lending his assistance to another to commit
Penalty violence upon the person of the
suicide to the extent of doing the killing himself.
offended party shall suffer the
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NOTES: c. A discharge towards the house of the

If the suicidp is not consummated offended party, not knowing in what part of
For the first punishable act: arrest° mayor the house the people inside were, is only
in its medium and maximum periods; and alarm under Art. 155.
h. For the second punishable act: one or two d. It is sufficient that the gun was initially
degrees lower than that provided for aimed at or against the offended party,
consummated suicide. even if it was not pointed at the offended
An attempt to commit suicide is an act, but it is party-when it fired.
not punishable tv law. e. If there's intent to kill, it may be frustrated
a. A person who attempts to commit suicidp or attempted parricide, murder, or
is not criminally -liable. homicide.
b. A pregnant woman who tried to commit • Essential to prove that the discharge of firearm
suicide by means of poison but instead of was directed precisely against the offended
dying, the fetus in her-womb was expelled, party.
is not liable for abortion. • if the illegal discharge inflicts serious or less
i. In order to incur Criminal liability.for the serious physical injuries to the offended party,
result not intended, one must be there will be a complex crime of illegal
committing a felony. discharge of firearm w/ serious or less serious
ii. Unintentional ab,ortion is punishable physical injuries.
only when it is caused by violence, not
by poison (Art. 257). SECTION 2. - INFANTICIDE AND
Assistance to suicide is different from mercy- ABORTION
killing. Euthanasia 9r mercy-killing is the
practice Of painlessly putting to death a person ART. 255. INFANTICIDE
suffering from some incurable disease. In this
case, the person does not want to die. A doctor
who resorts to euthanasia may be held liable Infanticide is the killing of any child
for murder. less than three days of age, whether
Definitio
the killer is parent or grandparent,
ART. 254. DISCHARGE OF FIREARMS any other relative of the child, or a
stranger
Any person who shall shoot at KLA (3)

another with any firearm if the 1. That a child was Killed;
shooting does not amount to Elements 2. That the deceased child was
Definitio
attempted, frustrated, or Less than three days (72
consummated murder, homicide, hours) of age; and
parricide, or any other crime that 3. That the Accused killed the
imposes a higher penalty. said child.
(ON) (2) Same penalty as parricide and

1. That the Qffender discharges murder
Elements a firearm against or at another
person; and If the crime penalized in this article
That the offender has No be committed by the mother of the
intention to kill that person. child for the purpose of concealing
Penalty her dishonor, she shall suffer the
Prision correccional in minimum and penalty of priskin correccional in its
Penalty
medium periods medium and maximum periods, and
if said crime be committed for the
NOTES: same purpose by the maternal
The offender must shoot at another with any grandparents or either of them, the
firearm without intention of killing him. penalty shall be prisiOn mayor.
a. The purpose of the offender may be to
intimidateior frighten the offended party. ROTES:
b. If thefirearm is not discharged at a person, • The child must be born alive and can sustain
the act is not punished under this article. an independent life when it is killed.
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• Burden of proof is upon the prosecution. separation from maternal womb, and
• Penalty is that of either parricide or murder, b. Is killed.
depending on the relationship of the accused 3. The person who intentionally caused the
with the victim. abortion is liable.
• Mitigating circumstance of concealing dishonor a. If the woman/mother permitted, she will be
• Applicable only to the mother and maternal liable under Art. 258; otherwise, she is not
grandparents; and liable.
• Delinquent mother must be of good
reputation. ART. 257. UNINTENTIONAL ABORTION
ART. 256. INTENTIONAL ABORTION Any person who shall cause an

Definitio
abortion by violence, but
ABORTION is the willful killing of the unintentionally.
fetus in the uterus, or the violent
Definitio 1. That there is a pregnant woman;
expulsion of the fetus from the
2. That violence is used upon such
maternal womb which results in the pregnant woman without
death of the fetus.
intending an abortion;
1. That there is a pregnant woman; Elements 3. That the violence is intentionally
2. That any of the following ways is exerted; and .
committed 4. That as a result of the violence
a. violence is exerted, or the fetus dies, either in the womb
b. drugs or beverages or after having been expelled
administered, without violence therefrom.
upon and without consent of the prisiOn correccional in its minimum
pregnant woman, or Penalty
and medium period
Elements c. drugs or beverages
administered, with the consent
of the pregnant woman; NOTES:
3. That as a result of the use of • Can only be committed by violence
violence or drugs or beverages a. Violence or actual physical force (as
upon her, or any other act of the opposed to threats or mere administering
accused, the fetus dies, either in of substance with no intention to commit
the womb or after having been abortion) must be used.
expelled therefrom; and • Intention may be inferred from the condition of
4. That the abortion is intended. the pregnant woman (i.e. whether pregnancy
is noticeable).
1. The penalty of reclusiOn temporal, • May be committed through imprudence.
if he shall use any violence upon the • May be complexed with homicide and
person of the pregnant woman. parricide.
2. The penalty of prisiOn mayor if, • If there's no intent to cause abortion and
Penalty without using violence, he shall act there's no violence committed, then there's no
without the consent of the woman. abortion of any kind.
3. The penalty of prisiOn correccional
in its medium and maximum periods, ART. 258. ABORTION PRACTICED BY THE
if the woman shall have consented. WOMAN HERSELF OR BY HER PARENTS
NOTES: Definitio
1. Fetus must die in consummated abortion;
otherwise, determine if there is intent to abort:
a. If with intention, frustrated intentional 1. That there is a pregnant woman
abortion; or who has suffered an abortion;
b. If without intention, physical injuries. Elements
2. That the abortion is intended;
2. When infanticide (as opposed to abortion): if and
the fetus: 3. That the abortion is caused by —
a. Could sustain an independent life, after
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a. the pregnant woman herself; The effect of knowledge that the abortive would
b. any other person, with her be used to cause abortion:
consent; or a. Without knowledge, punishable under this
c. anyof her parents, with her article; or
consent for the purpose of b. With knowledge, punishable as an
concealing her dishonor. accomplice in the crime of abortion.
Not necessary for the abortive to be actually
Pregnant woman practiced abortion used; the act constituting the offense is
herself: Prision correccional in dispensing the abortive w/o proper
medium and, maximum periods prescription
Abortion practiced by her parents: Penalty: arresto mayor and a fine not exceeding
Penalty Prision correccional in minimum and One hundred thpusand pesos (P100,000)
medium periods
SECTION 3 - DUEL
Aboriton was practiced to conceal
dishonor: prision correccional ART. 260. RESPONSIBILITY OF
medium and maximum period PARTICIPANTS IN A DUEL
PUNISHABLE ACTS
NOTES:
1. Killing one's adversary in a duel;
• Mitigating circumstance (as distinguished from
2. Inflicting upon such adversary physical
infanticide). for the purpose of concealing
injuries; and
dishonor:
3. Making a combat although no physical injuries
• Only applicable to, th,e pregnant woman and
have been inflicted
not to the parents of the pregnant woman.
• If the purpose of the woman's parents was
-PERSONS LIABLE
NOT- to conceal dishonor, then they will be 1. PRINCIPALS — person who killed or inflicted
liable for intentional abortion under Art. 256.
physical injuries upon his adversary, or both
combatants in any other cases.
ART. 259. ABORTION PRACTICED BY A
2. ACCOMPLICES — seconds(person who make
PHYSICIAN OR MIDWIFE AND
the selection of the arms and fix the other
DISPENSING OF ABORTIVES
conditions of the fight).
ELEMENTS: (4)
NOTES:
1. That there is a pregnant woman who has
A duel is a formal or regular combat previously
suffered an abortion;
concerted between two parties in the presence
2. That the abortion is intended;
3. That the offender, who must be a physician or of two or more seconds of lawful age on each
side, who make the selection of arms and fix all
midwife, causes or assists in causing the
the other conditions of the fight.
abortion; and
4. That said physician or midwife takes • Intent to kill is disregarded—so penalty will be
advantage of his or her scientific knowledge or that for physical injuries only, as opposed to
skill. those inflicted for frustrated/attempted
homicide. (2nd paragraph of the provision)
NOTE:
The taking advantage of scientific knowledge or ART. 261. CHALLENGING TO A DUEL
skill for the destruction of human life justifies the
imposition of the maximum penalty. PUNISHABLE ACTS
1. Challenging another to a duel;
2. Inciting another to give or accept a challenge
ELEMENTS AS TO PHARMACISTS: (3)
1. That the offender is a pharmacist; to a duel; and
2. That there is no proper prescription from a 3. Scoffing at or decrying another publicly for
physician; and having refused to accept a challenge to fight a
3. That the offender dispenses any abortive. duel.
NOTES: PERSONS LIABLE

. Challengers, and
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2. Instigators. ART. 263. SERIOUS PHYSICAL INJURIES
There must be intention to have a formal duel (as HOW COMMITTED:

opposed to light threats under Art. 285, par. 2) 1. Wounding;
2. Beating;
CHAPTER 2: PHYSICAL INJURIES 3. Assaulting; or
4. Administering injurious substances
CRIMES PUNISHABLE:
1. Mutilation; ELEMENTS
2. Serious physical injuries; 1. The offender has wounded, beaten, or
3. Administering injurious substance or assaulted another; and
beverages; 2. That the physical injuries inflicted shall have
4. Less serious physical injuries; and caused the illness or incapacity for labor of the
5. Slight physical injuries and maltreatment. injured person for more than 30 days.
3. There must be no intent to kill on the part of the
Note: To be found guilty of violation of Articles 262 offender in inflicting the injury (Pilares Sr. vs.
to 266, there must be a specific malicious intent to People, GR No 165685, March 12, 2007)
do wrong against the physical integrity or well-
being of a person, so as to incapacitate and SERIOUS PHYSICAL INJURIES ARE:
deprive the victim of certain bodily functions. 1. When the injured person becomes insane,
(Gerarda H. Villa v Manual Lorenzo Escalona II, et. imbecile, impotent or blind as a
al, GR No 178057 & 178080, December 1, 2014) consequence of the physical injuries inflicted;
2. When the injured person —
ART. 262. MUTILATION a. loses the use of speech or the power to
hear or to smell,
TWO (2) KINDS: b. loses an eye, a hand, foot, arm or leg, or
1. CASTRATION: Intentionally mutilating loses the use of any such member,
another by depriving him, totally or partially, of c. becomes incapacitated for the work in
some essential organ for reproduction. which he had been habitually engaged;
2. MAYHEM OR OTHER INTENTIONAL 3. When the injured person —
MUTILATION: Intentionally making other a. becomes deformed,
mutilation, i.e. lopping, clipping off any part of b. loses any other member of his body,
the body of the offended party, other than the c. loses the use thereof, or
essential organ for reproduction, to deprive him d. becomes ill or incapacitated for the
of that part of his body. performance of the work in which he had
been habitually engaged in for more than
There must be intentional mutilation — offender 90 days; and
must have the intent to deprive the offended party 4. When the injured person becomes ill or
of a part of his body. If there's no intention, then incapacitated for labor for more than 30
crime will be considered as serious physical days (but not more than 90 days).
injuries
PARAGRAPH 1
PHYSICAL INJURIES DISTINGUISHED 1. Impotency includes inability to copulate and
FROM OTHER CRIMES sterility; no intent to deprive (as opposed to
castration); and
1. ATTEMPTED OR FRUSTRATED HOMICIDE 2. Complete blindness (as opposed to paragraph
a. Attempted homicide may be committed, even 2 — loss of an eye only).
if no physical injuries are inflicted; and
b. Intent to kill is not present in the crime of PARAGRAPH 2 (mentions principal members of
physical injuries. the body)
1. Loss of power to hear of both ears (as opposed
2. MUTILATION to paragraph 3 — loss of one ear only);
a. Intention to lop or clip off some part of the body 2. Loss of use of hand or incapacity for usual
is present in mutilation. work must be permanent;
a. This must be proven by clear and
conclusive evidence;
3. The offended party must have an avocation or
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work at the time of the injury [also in paragraph iniuriandi or malicious intention to do wrong
agpOst the physical integrity or well-being of a
a. Work includes studies or preparation for a person so as to incapacitate and deprive the
profession; and victim of certain bodily functions. Without proof
b. Means incapacity fora certain kind of work beyond reasonable doubt of the required
only, but not for all. animus iniuriandi, the overt act of inflicting
physical injuries per se merely satisfies the
PARAGRAPH 3 elements of freedom and intelligence in an
1. Deformity means physical ugliness, or intentional felony. The commission of the act
permanent and defining abnormality. It must does not in itself make a man guilty unless his
be conspicuous and visible (i.e., depending on intentions are.(Vil/area/ v. People of the
what part of the body); Philippines, G.R. No. 151258, February 1,
a. If scar is usually covered, then it's not 2012)
considered conspicuous or visible;
b. Loss of teeth may be considered as ART. 264. ADMINISTERING INJURIOUS
deformity; SUBSTANCE OR BEVERAGES
i. Injury must be that which cannot be
repaired by-the action of nature;
ii. EXCEPTIONS: old men/women and The penalties established by the
children; next preceding article shall be
2. Loss of fingers may fall under paragraph 2 if-it applicable in the respective cases to
results in the loss of the use of the hand itself; any person who, without intent to kill,
and Definitio- shall inflict upon another any serious
3. Covers any member which is not a principal n physical injury, by knowingly
member of the body. administering to him any injurious
-substances or beverages or by
PARAGRAPH 4 taking advantage of his weakness of
1. Any kind of labor is included; mind or credulity.
2. Hospitalization for more than 30 days may
S-K-N (3)
mean either illness or incapacity for labor for
1.
That the offender inflicted upon
more than 30. days;
another person any gerious
1 There must-be evidence of the length of period
physical injury;
of illness or incapacity when the category of
2. That it was done by Nnowingly
the offense is serious-physical injuries; Elements administering to him any
• The absence thereof makes the offense Injurious substances or
only Slight physical injuries; and beverages or by taking
4. Lessening of efficiency in work is not
advantage of his weakness of
incapacity.
mind or credulity; and
3. He had No intent to kill.
QUALIFIED SERIOUS PHYSICAL INJURIES
1. In relation to persons mentioned in
parricide and circumstances mentioned; and in Penalty
murder — higher penalties will be inflicted.
2. DOES NOT include injuries caused by
excessive chastisement of a parent upon NOTES:
his child. • Administering means introducing into the
body. .
NOTES: • If there is intent to kill, it is frustrated murder —
• It can be committed by reckless imprudence, the injurious substance to be considered as
or by simple imprudence or negligence. poison.
There must be no intent to kill; otherwise, • Knowledge applies to the injurious nature of
crime would be frustrated/attempted murder, the substance or beverage.
parricide, or homicide. • "by taking advantage of his weaknes9 of mind
Medical attendance is not important in serious or credulity" may take place in the case of
physical injuries. witchcraft, magnetism and the like.
In case of physical injuries under the Revised
Penal Code, there- must be a specific animus ART. 265. LESS SERIOUS PHYSICAL
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INJURIES a. When there's no incapacity for labor or

medical attendance needed, it will be
considered only as slight physical injuries
Any person who shall inflict upon
i. if injuries were healed within 30 days
another physical injuries not
— slight physical injuries; or
described in the preceding articles,
ii. if injuries were healed only after 30
but which shall incapacitate the
Definitio days — serious physical injuries (as
offended party for labor for ten days
illnessfor more than 30 days).
or more, or shall require medical
2. This article applies even if there was no
attendance for the same period,
incapacity but the medical treatment was for
shall be guilty of less serious
more than 10 days.
physical injuries
3. There must be proof as to the period of
I-NP (2) required medical attendance.
1. That the offended party is
Incapacitated for labor or needs -ART. 266. SLIGHT PHYSICAL INJURIES
medical attendance for 10 days AND MALTREATMENT
Elements
or more (but not more than 30
days); and THREE (3) KINDS:
2. That the physical injuries must 1. Physical injuries which incapacitated the
Not be those described in the offended party for labor from one (1) to nine
Ereceding articles. (9) days or required medical attendance
during the same period;
Arresto mayor 2. Physical injuries which did not prevent the
offended party from engaging in his habitual
If less serious physical injuries shall work or which did not require medical
have been inflicted with the manifest attendance (Ex. black eye); and
intent to insult or offend the injured 3. III-treatment of another by deed without
Penalty causing any injury. (e.g. slapping the face
person, or under circumstances
adding ignominy to the offense, in without causing dishonor)
addition to the penalty of arresto
mayor, a fine not exceeding Fifty NOTES:
thousand pesos shall be imposed. 1. PRESUMPTION
a. In the absence of proof as to the period of
the offended party's incapacity for labor or
QUALIFIED LESS SERIOUS PHYSICAL
of the required medical attendance, the
INJURIES
crime committed is presumed as slight
1. Fine not exceeding P50,000, in addition to
physical injuries.
arresto mayor, when
b. When there is no evidence to establish the
a. There is a manifest intent to insult or offend
gravity or duration of actual injury or to
the injured person, or
show the causal relationship to death, the
b. There are circumstances adding ignominy
offense is slight physical injuries.
to the offense;
2. SUPERVENING EVENT
(a) and (b) are considered as
a. When the charge contained in the
i. Ordinary aggravating circumstance in
information filed was for slight physical
serious physical injuries; and
injuries because it was believed that the
ii. Slander by deed in slight physical wound suffered would require medical
injuries.
attendance for eight (8) days only, but
2. A higher penalty, when the victim is either
during preliminary investigation it was
a. The offender's parents, ascendants,
found that the healing would require more
guardians, curators or teachers; or
than thirty (30) days, this supervening
b. Persons of rank or persons in authority,
event can still be the subject of
provided the crime is not direct assault.
amendment or of a new charge without
placing the accused in double
NOTES: jeopardy.(Peopie v. Manolong, 85 Phil. .
1. Medical attendance or incapacity for labor is 829)
required.
CHAPTER 3: RAPE
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offender before or at the time of the

ART. 266-A. RAPE; 266-B. PENAI...TIES commission of the crime;
f. a child below 7 years old;
SIMPLE RAPE (UNDER PARAGRAPH 1): g. offender knows he is afflicted with HIV or
AIDS or Any nthAr, qAxi fAily transmissible
A. ELEMENTS: M-C-A (3) disease and the virus is transmitted to the
1. The offender is a Man; victim;
2. The offender had am-nal knowledge of a h. offender is a member of the AFP, or para-
woman; military units thereof, or the PNP, or any
3. Such Act is accomplished (any one of the law enforcement agency or penal
following):FIT;D-M5U (4) institution, when the offender took
a. Through Eorce, Ihreat or intimidation; advantage of his position to facilitate the
b. when 'the offen,ded party is_Qeprived of commission of the crime;
reason or otherwise u,nconscious; i. by reason or on occasion of the rape, the
c. by means of frauclulent_Machination or victim suffered permanent physical
grave abuse of authority; or mutilation or disability;
a. when the offended party is_Under 12 years j. the offender knew of the pregnancy of the
of age (statutory rape) or is demented, offended party at the time of the
even though none of the circumstances commission of the crime; and
mentioned above be present. k. the offender knew of the mental disability,
emotional disorder and/or physical
B. PENALTIES IMPOSED (Pursuant to R.A. handicap of the offended party at the time
9346: Act Prohibiting the Imposition of Death of the commission of the crime.
Penalty in the Phiippines, the penalty of
reclusion perpetya without eligibility for parole Notes:
shall be imposed, in lieu of death penalty) • A guardian must be a person who has a legal
1. reclusion prpetua; relationship with his ward. (People v Virgilio
2. reclusion perpetua to death when: Antonio y Rivera, GR No, 208623, July 23,
a. rape is committed with the use of a deadly 2014)
• weapon or by two or more persons; or
b. victim became insane by reason or on the RAPE THROUGH SEXUAL ASSAULT
occasion of rape; or (UNDER PARAGRAPH 2)
c. the rape is attempted and a homicide is
committed by reason or on the occasion A. ELEMENTS: S-I-1 (3)
thereof. 1. the offender (man or woman)commits an act of
3. Death when:
a. homicide is committed;
aexual assault;
2. the act is committed by Inserting:
b. victim is under 18 years Old and offender a. his penis into another person's mouth or
is: anal orifice; or
I. parent, b. any instrument or object into the genital
ii. ascendant, or anal orifice of another person;
iii. step-parent, b. the act is committed under any of the
iv. guardian, circumstances mentioned under
v. relative by consanguinity or affinity paragraph 1
within the 3rd civil degree,
vi. common law spouse of victim's B. PENALTIES IMPOSED:
parent; 1. Prision mayor— in general;
c. under the custody of the police or military 2. Prision mayor to reclusion temporal when:
authorities or any law enforcement or a. there was use of deadly weapon, or
penal institution; b. committed by two or more persons.
d. committed in full view of the spouse, 3. Reclusion temporal — when the victim has
parent or any of the children or other become insane;
relatives within the 3rd degree of 4. Reclusion temporal to reclusion perpetua —
consanguinity; rape is attempted and homicide is committed;
e. victim is a religious engaged in legitimate 5. Reclusion perpetua — homicide is committed
religious vocation or calling and is by reason or on occasion of rape; and
personally known to be such by the 6. Reclusion temporal — committed with any of
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the 10 aggravating circumstances mentioned ii. Intercourse with a deaf-mute woman

in this article. will only be considered rape if she's
also be prove to be an imbecile;
NOTES: iii. Not considered rape where consent
1. The FOUR circumstances: is induced by the administration of
a. Using force or intimidation; the degree drugs/liquor, which incites her
sufficient to overcome resistance: passions and doesn't deprive her of
i. According to People v. Las Pitias, Jr. will power; (Reyes, The Revised
(G.R. No. 133444, February 20, Penal Code, p.586, 2017, cited State
2002), the test is whether reasonable v Lung)
fear is produced in the mind 'of the
victim; c. By means of fraudulent machination or
ii. Verbal refusal alone will not do; there grave abuse of authority; and
must be a physical struggle that's
manifest and tenacious; d. When the offended party is under 12
iii. The force need not be irresistible; years of age or is demented, even
force or violence necessary is though none of the circumstances
relative, depending on the age, size, mentioned above be present (Statutory
and strength of the parties and their rape).
relation to each other; i. Consent and character (e.g.
iv. It is not necessary that the force or prostitute) of the offended party is
intimidation employed be so great or immaterial.
of such character as could not be ii. It is immaterial that the prosecution
resisted. It is only necessary that the failed to allege in the information the
force or intimidation be sufficient to exact date of the commission of the
consummate the purpose which the offenses. It is sufficient that it was
accused had in mind alleged that the victim was under 12
v. Where resistance would be futile, years of age when the crime was
offering none at all does not amount committed (People v Marciano
to consent; Dollano, Jr., GR No 188851, October
vi. Intimidation — enough that it produces 19, 2011)
fear in the victim; must be viewed in iii. The term "demented" refers to a
light of the victim's perception and person who has dementia, which is a
judgment at the time of rape; condition of deteriorated mentality,
vii. Moral ascendancy or influence has characterized by marked decline
been held to be a substitute, in a long from the individual's former
line of cases [People v. Dichoson, intellectual level and often by
G.R. No. 118986-89, February 19, emotional apathy, madness, or
2001; People v. Bazona, G.R. No. insanity.
133343-44, March 2, 2000; People v.
Panique, 316 SCRA 757 (1999); 2. TWO STAGES: (Rape does not admit of a
People v. Perez, 307 SCRA 276 frustrated stage)
(1999)] - in this case, not necessary a. CONSUMMATED
that victim put up a determined i. Penetration is necessary;
resistance. ii. It is enough that the labia majora be
viii. Intimidation is addressed to the mind penetrated, even the slightest; and
of the victim. It is subjective and its iii. Penis need not be erect — still
presence cannot be tested by any considered rape if accused
hard-and-fast rule, but must be repeatedly tried to insert the penis in
viewed in the light of the victim's the vagina, even if in vain.
perception and judgment at the time b. ATTEMPTED
of the crime (Pp. v Mostrales, GR No i. The offender has already performed
125937, August 28, 1998). overt acts with the intention to have
carnal knowledge of the offended
b. Offended party is deprived of reason or party, but which was not
otherwise unconscious: consummated due to some cause or
i. Deprivation need not be complete; accident other than his own
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spontaneous desistence. inserted his penis into the victim's vagina.

ii. There must be intent to have carnal The accused was convicted for only one
knowledge of the woman against her count of rape despite the three successful
will. penetrations because there is no
indication that the accused decided to
There can be no frustrated rape because any commit separate and distinct acts of
penetration of the female organ is sufficient. Sexual assault. There was only a lustful
desire to change positions.
3. Homicide committed "by reason of' (i.e., "in d. In the case of People v Manolito Lucena y
the course of" or "because of") rape is a Velasquez, the accused succeeded in
special complex crime: inserting his penis into the victim's vagina.
a. Rape must come before intent to kill or act The three penetrations occurred one after
of killing; the other at an interval of five minutes
b. Does not apply when the intent to kill or wherein the accused would rest. From this
killing act-preceded the rape act (i.e., when set of facts, the accused was convicted of
victim was in the point of death when she three counts of rape as it can be inferred
was ravaged); end that the accused decided to commit those
c. Includes death of victim through STD separate and distinct acts of sexual
given by the accused who raped her. assault.
(Reyes, The Revised Penal Code, p.592,
2017) NOTES:
• Sweetheart defense is an affirmative defense
4. Homicide committed "on the occasion if the that must be supported by convincing proof.
rape" - killing that occurs immediately before Evidence such as a love letter, a memento, or
or after, or during the commission itself of the even a single photograph to substantiate the
rape, where the victim of the homicide may be claim that they had a romantic relationship
a person other than the rape victim herself for should be presented.
as long as the killing is linked to the rape • Each of the penetrations constitute separate
and distinct acts of rape. However, in the (2002)
5. Character of the woman is immaterial Aaron Case, the Court convicted the accused
a. Testimony of victim alone is enough for for only one count of rape despite the 3
conviction; successful penetrations because there was no
indication that the accused decided to commit
6. Fingers — counts .as "objects" under rape separate and distinct acts of sexual assault
through sexual assault; other than his lustful desire to change positions
inside the room where the crime was
7. Indemnity and Damages committed.
a. Awarding of Php50,000 as indemnity is The act of cunnilingus or insertion of the tongue
mandatory upon finding of the fact of rape; to the vagina of a woman is rape through sexual
and assault. (People v Bonaagua, GR No 188897,
b. Moral damages may be automatically June 6, 2011)
awarded in rape cases w/o need of proof. A medical examination of the victim is not an
element of rape (People v Rico Jam/an Salem,
8. Multiple Rape GR No 118946, October 16, 1997)
a. Each offender is responsible not only for
the rape he personally committed, but also
for those committed by the others.
b. Each and every rape alleged must be
proven.
c. In the case of People v Aaron, the accused
inserted -his penis into the victim's vagina;
he then withdrew it and ordered the latter
to lie down on the floor, and for the second
time, he inserted his, penis into the victim's
vagina; thereafter, the accused
commanded the victim to lie near the
headboard and for the third time, he
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GUIDING PRINCIPLES IN THE CRIME OF RAPE PLEASE SEE SPL REVIEWER ON

(People v Felipe Ayade y Pulod, GR No 188561, R.A. 9344, JUVENILE JUSTICE AND
January 15, 2010):
1. An accusation for rape can be made with
WELFARE ACT OF 2006 AND P.D.
facility; while the accusation is difficult to prove,
it is even more difficult for the accused, though End of Topic
innocent, to disprove;
2. Considering that, in the nature of things, only
two persons are usually involved in the crime
of rape, the testimony of the complainant must
be scrutinized with extreme caution; and
3. The evidence for the prosecution must stand
or fall on its own merits, and cannot be allowed
to draw strength from the weakness of the
evidence for the defense.
ART. 266-C. EFFECT OF PARDON.

EFFECT OF MARRIAGE
Marriage extinguishes not only the penal action but

likewise the penalty imposed and only as to the
principal. Since rape has ceased to be a crime
against chastity and is now a crime against
persons, it now appears that marriage extinguishes
that penal action and the penalty only as to the
principal (i.e., husband) and not as to the
accomplices and accessories.
ART. 266-D. PRESUMPTIONS
EVIDENCE WHICH MAY BE ACCEPTED

1. Any physical overt act manifesting resistance
against the act of rape in any degree from the
offended party.
• Where the offended party is so situated as to
render him/her incapable of giving consent.

R.A. 9262, ANTI — VIOLENCE
AGAINST WOMFN AND CHII DRFN
PLEASE SE SPL REVIEWER ON (R.A.
9775), ANTI — CHILD PORNOGRAPHY
ACT OF 2009

(R.A. 8049). ANTI-HAZING LAW
R.A. 7610
SPECIAL PROTECTION OF
CHILDREN
AGAINST CHILD ABUSE,
r11 \A I A A IT%
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BAR .0pRATIONS 2019. . CRIMINAL LAW
H. CRIMES AGAINST PERSONAL LIBERTY AND not necessary that the victim be placed in an
SECURITY enclosure; neither is it necessary that the
detention be prolonged or permanent.
CHAPTER 1: CRIMES AGAINST LIBERTY However, the essence of kidnapping is the
actual deprivation of the victim's liberty
SECTION 1. ILLEGAL DETENTION coupled with indubitable proof of the intent of
the accused to effect such deprivation. (People
ARTICLE 267. KIDNAPPING AND SERIOUS v. Obeso, G.R. No. 152285, October 24, 2003)
ILLEGAL. DETENTION • The victim's lack of consent is also a
fundamental element of kidnapping and
Definitio Any private individual who shall seripys illegal detention. The involuntariness
n kidnap or detain another, or in any of the seizure and detention is the very
other manner deprive him of his essence of the crime. Although the victim may
liberty. have inceptually consented to go with the
offender to a place but the victim is thereafter
Elements prevented, with the use of force, from leaving
the place where he was brought to with his
consent and is detained against his will, the
Penalty Reclusion perpetua to death offender is guilty of kidnapping and serious
illegal detention. (People v. Pickrell G.R. No.
ELEMENTS: P-I-F-K (4) 120409, October 23, 2003)
1. That the offender is a erivate individual; • Actual demand for ransom is not necessary.
2. That he Kidnaps or detains another, or in any • When detention is for purpose of extorting
other manner deprives the latter of liberty; ransom, it's not necessary that one or any of
3. That the act of detention or kidnapping must the four circumstances enumerated in (4) are
be Illegal; and present.
4. That in the commission of the offense, any of Essential that there be actual confinement or
the following circumstances are present restriction of the person of the offended party.
(detention becomes serious): 3-SSM Detention is illegal when not ordered by
a. that the kidnapping/detention lasts for competent authority or not permitted by law.
more than 2 days, Detention for more than 3 days not necessary
b. committed by aimulating public authority, when any of the other circumstances are
present.
or
c. that any aerigus physical injuries are • Special complex crime of kidnapping with
inflicted upon the person kidnapped or murder or homicide — where the _person
detained or threats to kill him are made, or kidnapped is killed in the course of the
that the person kidnapped or detained is a detention regardless of whether the killing was
Minor (except if parent is the offender), purposely sought or was merely an
female or a public officer. afterthought.
When a person died of natural causes(heart
NOTE: If any of these are present, purpose of attack) on the occasion of kidnapping, the
detention is immaterial. kidnappers are guilty of kidnapping with
homicide. (People v. Montanir, G.R. No.
DEATH is imposed in the following instances: 187534, April 4, 2011)
[death penalty suspended] When murder and not kidnapping - when the
1, if kidnapping is committed for the purpose of victim is taken from one place tp another solely
extorting ransom eitherfrem the victim or from for the purpose of killing him, the crime
any other person, even if none of the committed is murder.
aforementioned circumstances are present in If Primary and ultimate purpose is to kill, and
the commission of the offense; and detention was only incidental.
2. when the victim is killed or dies as a • Specific intent is determinative of whether the
consequence of the detention or is raped or is crime committed is murder or kidnapping.
subjected to torture or dehumanizing acts. • Must be alleged in information and proven by
prosecution.
NOTES:
It is true that for kidnapping -to take place, it is
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PRIVILEGED MITIGATING
ILLEGAL ARBITRARY CIRCUMSTANCE (VOLUNTARY
DETENTION DETENTION RELEASE):
Committed by aCommitted by a If the offender:
private individual whopublic officer or 1. voluntarily releases the person so kidnapped
unlawfully employee who has
kidnaps, or detained within 3 days from the
detains or otherwise duty under law to commencement of the detention;
deprives a person of detain a person who 2. without having attained the purpose intended;
liberty; and detains a person and
without legal ground; 3. before the institution of criminal proceedings
and against him.
Crime is against Crime against the
personal liberty and fundamental law of NOTES:
security. the State. The three requisites must concur.
Must be shown by the offender that he was in
HOWEVER, if such public officer has no duty to a position to prolong the detention for more
detain a person (e.g. sanitary inspector or clerk), than 3 days and yet he released the person
and he detains a person, he is liable under this detained w/in that time.
article. Voluntary release is not considered privileged
mitigating if the victim is a woman (considered
ART. 268. SLIGHT ILLEGAL DETENTION serious illegal detention).
ART. 269. UNLAWFUL ARREST

Definitio Any private individual who shall
commit the crimes described in the
next preceding article without the Any person who, in any case other
attendance of any of the than those authorized by law, or
circumstances enumerated therein Definitio without reasonable ground therefor,
shall arrest or detain another for the
Elements P-W-D-I (4) purpose of delivering him to the
1. That the offender is a Erivate proper authorities
person;
2. That he kidnaps or 2etains AD-A-N (3)
another or in any other manner 1. That the offender Arrests or
deprives the victim of liberty or Detains another person;
he furnishes the place for the 2. That the purpose of the offender
Elements
perpetuation of the detention; is to deliver him to the proper
3. That the act of detention or Authorities; and
kidnapping must be Illegal; and 3. That the arrest or detention is
4. That the crime is committed Not authorized by law or there is
Without the attendance of any of no reasonable ground therefor.
the circumstances enumerated Arresto mayor and a fine not
in Art. 267. Penalty
exceeding P100,000
Penalty Prision mayor
NOTES:
If the participation is to furnish the • Offender is any person. Either a public officer
place for the crime, he is raised to a or private individual may be liable.
real co- principal. But if the • Public officer either has no authority to arrest or
cooperation is by any other act than detain a person or has not acted in his official
furnishing the place, penalty is one capacity
degree lower. • Arrest/ detention refers to warrantless arrests.
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ART. 271. INDUCING A MINOR TO

ARBITRARY UNLAWFUL ARREST ABANDON HIS HOME
DETENTION
Committed by ,a public Committed by any ELEMENTS: L-I-(2)
officer or employee person, not, authorized 1. That the minor is Living in the home of his
who detains a person by law or has no legal parents or guardians or the person entrusted
w/o any legal ground ground thereof, against with his custody; and
another person for the 2. That the offender Induces a minor to abandon
purpose of delivering the such home.
latter to the proper
authorities NOTES:
Inducement must be actual, committed with
SECTION 2. KIDNAPPING OF MINORS crimsinal intent and determined by a will to
cause damage.
ART. 270. KIDNAPPING AND FAILURE TO The .minor should not leave his home of his
RETURN A MINOR own free will.
"to induce" = to influence, to prevail on, to
Definitio move by persuasion, to incite by motives.
• The minor need not actually abandon his home
n
or home of guardian. Mere commission of any
P..n (7) act which tends to influence, persuade or
1. That the offender is entrusted prevail on a minor to abandon his home is what
with the custody of a minor constitytes a crime.
Elements • Mitigated if committed by the father or mother
person ; and
. That he Qeliberately fails to of the victim. — applies to Arts. 270 and 271.
restore the said minor to his
parents. SECTION 3. SLAVERY AND SERVITUDE
Reclusion temporal ART. 272. SLAVERY
This may also be committed by the ELEMENTS: $KPD-E (2)

Penalty
mother or father of the child. When 1. That the offender eurchases, Aellsjiidnaps or
committed by a parent, penalty is &tains a human being; and
arresto mayor. 2. That the purpose of the offender is to_enslave
such human being.
NOTE:
Essential element which qualifies the crime: QPALIFYING CIRCUMSTANCE — if the
purpose is some immoral traffic (Ex. Prostitution).
offender is entrusted with the custody of the minor
NOTE: Purpose must be to enslave the victim;
KIDNAPPING & KIDNAPPING AND otherwise, it is kidnapping or illegal detention.
FAILURE TO RETURN SERIOUS ILLEGAL
A MINOR (ART. DETENTION SLAVERY — providing services w/o remuneration
270) (ART. 267) whatsoever. (Reyes v. Alojado, G.R. No. L-5671,
August 24, 1910)
Punishes the deliberate Offender is not
failure by the person entrusted with the ART. 273. EXPLOITATION OF CHILD
having the custody of custody of the victim LABOR
the minor to restore the
minor to ELEMENTS: R-A-P (3)
parents/guardian 1. That the offender Retains a minor in his
service;
2. That it is Against the will of the minor; and
3. That it is under the Eretext of reimbursing
himself of a debt incurred by an ascendant,
guardian or person entrusted with the custody
of such minor.
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2. The accused found there a person

NOTE: Indebtedness is not a ground for detention. Wounded or in danger of dying
3. The accused can Bender assistance
ART. 274. SERVICES RENDERED UNDER without detriment to himself; and
COMPULSION IN PAYMENT OF DEBT 4. The accused Fails to render assistance;
ELEMENTS: C-A-P (3) 2. By failing to help or render assistance to

1. That the offender aompels a debtor to work for another whom the offender has accidentally
him, either as household servant or farm wounded or injured; and
laborer; 3. By failing to deliver a child under 7 whom
2. That it is against the debtor's will; and the offender has found abandoned, to the
3. That the Eurpose is to require or enforce the authorities or to his family, or by failing to take
payment of a debt. him to a safe place (may be applied to a lost
child).
NOTE: Debtor-Creditor relationship must exist
otherwise crime committed is coercion. ART. 276. ABANDONING A MINOR
• SERVICES ' EXPLOITATION
RENDERED OF CHILD LABOR ELEMENTS: C-U-A-N (4)
UNDER (Art. 273) 1. That the offender has the austody of a child;
COMPUSION IN 2. That the child is Under 7 years of age;
PAYMENT OF 3. That he abandons such child; and
DEBT (Art. 274) 4. That he has No intent to kill the child when the
latter is abandoned.
Does not Victim is a minor; NOTES:

distinguish whether Abandonment must be conscious, deliberate,
the victim is a minor and permanent.
or not; Qualifying circumstances:
Debtor is Minor is compelled a. death of the minor; or
compelled to to render services b. life was in danger because of the
work for offender; for debt of abandonment.
and parent/guardian; Parent guilty of abandoning their
and children shall be deprived of parental
Limited to Service not limited to authority.
household and farm household and farm Intent to kill cannot be presumed from
work. work. the death of the child
- Such presumption applies only to crimes
CHAPTER 2: CRIMES AGAINST SECURITY against persons NOT to crimes against
security
SECTION 1. ABANDONMENT OF
HELPLESS PERSONS AND ART. 277. ABANDONMENT OF MINOR BY
EXPLOITATION OF MINORS PERSON ENTRUSTED WITH HIS
CUSTODY; INDIFFERENCE OF PARENTS
ART. 275. ABANDONMENT OF PERSON IN
DANGER AND ABANDONMENT OF ONE'S PUNISHABLE ACTS:
OWN VICTIM 1. By delivering a minor to a public institution
or other persons w/o consent of the one who
PUNISHABLE ACTS: entrusted such minor to the care of the
1. By failing to render assistance to any person offender or, in the absence of that one, without
whom the offender finds in an uninhabited the consent of the proper authorities;
place wounded or in danger of dying, when he
can render such assistance without detriment ELEMENTS: C-D-N (3)
to himself, unless such omission shall 1. Offender has g,harge of the rearing or
constitute a more serious offense; education of a minor;
a. To rear means to bring to maturity by
ELEMENTS: N-W-R-F (4) educating, nourishing, etc.;
1. That place is Not inhabited; 2. He elivers said minor to a public
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BAR OPERATION§ 20.19 CRIMINAL LAW
institution or other persons.; and or engaged in a similar calling;

3. That the one who entrusted such child to 3. By employing any descendantunder 12 in
the offender has Not consented to such dangerous exhibitions enumerated in the
act; or if,the one who entrusted such child next preceding paragraph, the offender
to the offender is absent, the proper being engaged in any of said callings;
authorities have not consented to it; and 4. By delivering a child under 16 gratuitously
to any person following any of the callings
2. By neglecting his children by not giving enumerated in paragraph 2 or to any habitual
them education which their station in life vagrant or beggar, the offender being an
requires and financial condition permits; ascendant, guardian, teacher' or person
entru,sted in any capacity with the care of such
ELEMENTS; P-N-SF (3) child; and
1. That the-offender
, is a Earent; 5. By inducing any child under 'I§ to abandon
2. That he Neglects his children by not giving the home of its ascendants, guardians,
them education; and curators or teachers to follow any person
3. That his atption
in life requires such engaged in any of the callings mentioned in
education and his Financial condition paragraph 2 or to accompany any habitual
permits it. vagrant or beggar, the offender being any
person.
NOTES:
Obligation to educate children terminates if QUALIFYING CIRCUMSTANCE: If the
mother and children refuse without good delivery of the child to any person following any of
reason to live with accused. the callings _of
Failure to give education must be due to • acrobat
deliberate desire to evade such obligation. • rope-wa_lker
• diver or
ABANDONMENT ABANDONMENT OF • wild-animal trainer or
OF MINOR BY MINOR (ART. • circus manager or
PERSON 276) • to any habitual vagrant of beggar (use bullet
ENTRUSTED WITH
points) is made in consideration of any price,
HIS CUSTODY;
compensation or promise.
INDIFFERENCE OF
PARENTS • Offender shall be deprived of parental authority
(ART. 277) or guardianship
Custbdy of • Exploitation of minor must be of such a nature
offender is specific as to endanger his life or safety.
Custody stated in
— for rearing, or general terms;
education of minor; ART. 279. ADDITIONAL PENALTIES FOR
Minor — under 18 OTHER OFFENSES
Minor — under 7 years
years of age; and of age; and
The offender is liable not only for the abandonment
Minor is delivered Minor is abandoned in or exploitation but also for all its consequences. If
to a public such a way to deprive as a result, physical injuries or death resulted,
institution or other him of care and another crime is committed by authority of Article
person. protection. 279.
ARTICLE 278. EXPLOITATION OF MINORS
PUNISHABLE ACTS:
1. By causing any boy or girl under 16 to
perform any dangerous feat of balancing,
physical strength or contortion, the offender
being any person;
2. By employing children under 16 who are not
the children or descendants of the offender in
exhibitions of acrobat, gymnast, rope-walker,
diver, or wild- animal tamer or circus manager
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SECTION 2. TRESPASS TO DWELLING intended to be committed (Ex. theft), the crime

is trespass to dwelling.
ART. 280. QUALIFIED TRESPASS TO Trespass may be committed even by the
DWELLING owner of the dwelling against the actual
occupant thereof.
If the offender is a public officer, the crime
It is an entry of a private individual to
committed is violation of domicile under Art.
the dwelling of another against the
Definitio 128.
latter's will whether or not the entry
was attended by violence or
NOT APPLICABLE:
intimidation.
1. Where the entrance is for the purpose of
P-E-A (3) preventing harm to himself, the occupants or a
1. That the offender is a Erivate third person.
person; 2. Where the purpose is to render some service
Elements to humanity or justice.
2. That he Enters the dwelling of
another; and 3. When the accused entered the dwelling
3. That such entrance is Against through the window, he had no intent to kill any
the latter's will. person inside. His intention to kill came to his
mind when he was being arrested by the
Arresto mayor and a fine not occupants thereof. Hence, the crime of
exceeding Two hundred thousand trespass to dwelling is a separate and distinct
pesos (P200,000) offense from frustrated homicide.
4. Where a person enters establishments which
If the offense be committed by cater to public service while still open for such
Penalty means of violence or intimidation, patronage.
the penalty shall be prision 5. If a public officer or person authorized is
correccional in its medium and conducting a valid arrest or valid search and
maximum periods and a fine not seizure (Rules on Criminal Procedure, Rule
exceeding Two hundred thousand 113)
pesos (P200,000).
ART. 281. OTHER FORMS OF TRESPASS
QUALIFYING CIRCUMSTANCE; If the
ELEMENTS: E-U-P-N (4)
offense is committed by means of violence or
1. That the offender Enters the closed premises
intimidation.
or the fenced estate of another;
PREMISES — signifies a distinct and definite
NOTES:
locality which is fixed;
• There must be an opposition on the part of the
2. That the entrance is made while either of them
owner of the house to the entry of the accused.
is Uninhabited;
Mere absence of his consent or permission is 3. That the Erohibition to enter be manifest; and
not enough.
4. That the trespasser has Not secured the
• Prohibition may be express or implied.
permission of the owner or the caretaker
• Dwelling: any building or structure exclusively
thereof.
devoted for rest and comfort, depends upon
use; maybe a room; implied prohibition
QUALIFIED OTHER FORMS OF
depending on circumstances. (ART.
TRESPASS TO TRESPASS
• Implied prohibition is present considering the
DWELLING (ART. 281)
following situation: Ex. Felony was committed
280)
late at night and everyone's asleep or entrance
was made through the window. Offender is a private Offender is any form of
• Prohibition must exist prior to or at the time of person; person;
entrance. The offender enters a Offender enters closed
• Prohibition is not necessary when violence or dwelling premises or
intimidation is employed by the offender. house; fenced estate;
- Violence or intimidation may take place Inhabited; Uninhabited;
immediately after the entrance.
When there is no overt act of the crime
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Act constituting the commission of other crimes are absorbed by

crime is entering the Entering of closed the latter.
dwelling premises without The offender in grave threats does not demand
against will of owner; permission; and the delivery on the spot of the money or other
and personal property asked by him. Otherwise,
Prohibition from Prohibition must be that's robbery by intimidation.
entering may be manifest. • Essential that there be intimidation: that there's
express or implied. a prorn,ise of some future harm or injury.
Act threatened to be done must(be wrong.
SECTION 3. THREATS AND COERCION
Punishment: If the threat shall not have been
ART. 282. GRAVE THREATS made subject to a condition, the penalty is arresto
mayor and a fine not exceeding P100,000.
PUNISHABLE ACTS:
1. By threatening another with the infliction ART. 283. LIGHT THREATS
upon_ his person, honor or property or that of
his family of any wrong amounting to a crime Definitio The wrong threatened does not
and_demending money or imposing any other amount to a crime.
condition, even though not unlawful and the
offender attained his, purpose; Elements T-N-D-A (4)
2. By making such threat without the offender 1. That the offender makes a
attaining his spurpose; and Threat to commit a wrong;
3. By threatening another with the infliction upon 2. That the wrong does Not
his person, honor or property or that of his constitute a crime;
family of any wrong amounting to a crime, the 3. That there is a Demand for
threat not being subject to a condition. money or that other condition is
imposed, even though not
ELEMENTS.,OF ACT NO. 1: T-W-D-A (4) unlawful; and
1. That the offender Ihreatens another person . That the offender has either
with the infliction upon the latter's person, Attained or not attained his
honor or property, or upon the latter's family, purpose.
of any wrong;
2. The Wrong amounts to a crime; Penalty Arresto mayor
3. There is Qemand for money of that any other
condition is imposed even if not unlawful; and
4. That the offender Attains his purpose. NOTES:
In light threats, the wrong threatened does not
ELEMENTS OF ACT N . 3: T-W-N (3) amount to a crime.
1. That the offender Ihreatens another person Requires that there be a demand of money or
with the infliction upon the latter's person, that other condition be imposed.
honor or property, or upon the latter's family, Blackmailing may be punished under this
of any wrong; provision.
2. The Wrong amounts to a crime; and
3. The threat is Not subject to a condition.
NOTES:
Aggravating circumstances: (1) if made in
writing or (2) made through a middleman.
• Threat must not made in heat of anger,
because such threat would be punished as
"Other Light Threats".
Grave threats may be committed by indirect
challenge to a gun fight, even if complainant
was absent when challenge was made; it is
sufficient that threats came to knowledge of
offended party.
Threats made in connection with the
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ART. 284. BOND FOR GOOD BEHAVIOR ART. 286. GRAVE COERCIONS
The person making the threats under the 2 TWO WAYS OF COMMITTING GRAVE
preceding articles (grave and light threats) may COERCION
also be required by the court to give bail 1. By preventing another by means of violence,
conditioned upon the promise not to molest the threats or intimidation, from doing
person threatened. something not prohibited by law; and
2. By compelling another by means of violence,
ART. 284 ART. 35 threats or intimidation to do something
Bond for good Bond to keep the against his will whether it be right or wrong.
behavior; peace;
ELEMENTS: PC-VTI-W (3)
Only for grave threats Application not to 1. That a Person
and light particular cases a. Prevented another from doing something
threats; only; not prohibited by law or
It is an additional Distinct penalty; b. Compelled another to do something
penalty; and and against his will, be it right or wrong;
If he shad fail to give If he fails to give 2. that the prevention or compulsion is effected
bail, he shall be the bond, he shall be by Miolence, Ihreats, or Intimidation; and
sentenced to detained for a period 3. Without authority of law or not in the exercise
destierro. not exceeding 6 months of any lawful right.
if prosecuted for grave
or less grave felony or WHEN PREVENTING NOT CONSIDERED
30 days if prosecuted COERCION:
for light felony. 1. When a public officer prevents the ceremonies
of a religious group under Art. 132;
ART. 285. OTHER LIGHT THREATS 2. When a person prevents the meeting of a
legislative assembly under Art. 143; and
PUNISHABLE ACTS: 3. When a person prevents a member of
1. By threatening another with a weapon (even Congress from attending meetings, expressing
if there's no quarrel), or by drawing a weapon his opinions or casting his vote through the use
in a quarrel, unless it be in lawful self-defense; of force or intimidation.
2. By orally threatening another, in the heat of
anger, with some harm constituting a WHEN COMPELLING NOT COERCION:
crime, without persisting in the idea 1. When a public officer compels a person to
involved in the threat; and change his residence under Art. 127; and
3. By orally threatening another with harm not 2. When a person kidnaps his debtor to compel
constituting a felony. him to pay under Art. 267.
NOTES: AGGRAVATING CIRCUMSTANCES:

• No demand for money or condition is involved. 1. Violation of the exercise of the right of suffrage;
• Threat is not deliberate. 2. Compelling another to perform a religious act;
• That which ordinarily are grave threats may be or
considered under this article if made in the 3. Preventing another from exercising such right
heat of anger. or from doing such act (as amended by RA.
Where threats are directed to a person who is 7890).
absent and uttered in a temporary fit of anger,
the offense is only light threats. NOTES: The thing prevented from execution must
Penalty is arresto menor or a fine not exceeding not be prohibited by law. Otherwise, there will be
P40,000.00. no coercion.
• Owner of a thing has no right to prevent
interference when such interference is
necessary to avert greater damage.
• Coercion is consummated even if the offended
party did not accede to the purpose of the
coercion.
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BAR OPERATION5 2019 CRIMINAL LAW
, GRAVE COERCION ILLEGAL and a fine equivalent to the value of the thing, but
DEtENTION in no case less than Fifteen thousand pesos
Intent to deprive the Intent to deprive (P1-5,000).
offended party of his r liberty present
liberty is not clear Any other nnercinns or unjust vexations shall be
punished by arresto menor or a fine ranging from
One thousand pesos (P1,000) to not more than
GRAVE COERCION ' MALTREATMENT Forty thousand pesos (40,000), or both.
OF PRISONERS
If the offended 'Party is If the offended party is ART. 288. OTHER SIMILAR COERPONS -
NOT a prisoner, a prisoner, extracting (COMPULSORY PURCHASE OF
extracting information, information, using MERCHANDISE AND PAYMENT OF
using force or force or intimidation is WAGES BY MEANS OF TOKENS)
intimidation is coercion maltreatment
PUNISHABLE ACTS:
GRAVE- COERCION UNJUST VEXATION 1. By forcing or compelling, directly or
Act of preventing by Act of preventing by indirectly, or knowingly permitting the forcing
force was made at the force was already or compelling of the laborer or employee of
time the offended party, done when the the offender to purchase merchandise or
was doing or about to violence was exerted commodities of any kind from him; and
do the act prevented 2. By, paying the wages due his laborer or
employee by means of tokens or objects other
than the legal tender currency of the
Penalty: Prision correccional and a fine not Philippipes, unless expressly requested by
exceeding P100,000. such labOreror employee.
ART. 287. LIGHT COERCIONS ELEM,ENTS OF NO. 1: A-E-FP (3)
1. That 'the offender is Any person, agent or
ELEMENTS OF PAR. 1: C-S-V-P (4) officer of any association or corporation;
1. That the offender must be a reditor of the 2. That he or such firm or corporation has
offended party; Emplwed laborers or employees; and
2. That he aeizes anything belonging to his 3. That he Eorces or compels, directly or
debtor; indirectty, or knowingly permits to be forced or
3. That the seizure of the thing be accomplished compelled, any of his or its laborers or
by means of Miolence or a display of material employees to Eurchase merchandise or
force producing intimidation; and commodities of any kind from him or from said
4. That the purpose of the offender is to apply the firm or corporation.
same to the Payment of the debt.
ELEMENTS OF NO. 2: P-O-N (3)
ELEMENTS OF PAR. 2 (UNJUST 1. That the offender Pays the wages due a
VEXATION) laborer or employee
Any other coercion or unjust vexation. employed,* him by means of tokens or objects;
Paragraph 2 of Art. 287 covers unjust vexation. 2. That those tokens or objects are 2ther than the
It includes any human conduct which, although legal tender currency of the Philippines; and
not productive of some physical or materiel 3. That such employee or laborer doesjaot
harm would, however, unjustly annoy or vex an expressly request that he be paid by means of
innocent person. tokens or objects.
Light coercion under the, 1st paragraph of this
article will only be unjust vexation if the 3rd Punishment: arresto mayor or a fine ranging from
element (employing violence or intimidation) is Forty Thousand pesos (P40,000) to One hundred
absent. thousand pesos (P100,000), or both
The paramount question to be considered is
whether the offender's act caused annoyance,
irritation, torment, distress, or disturbance to
the mind of the person to whom it is directed.
Punishment: arresto mayor in its minimum period
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ART. 289. FORMATION, MAINTENANCE, secrets, the penalty shall be arresto

AND PROHIBITION OF COMBINATION OF mayor and a fine not exceeding
CAPITAL OR LABOR THROUGH P100,000.
VIOLENCE OR THREATS
ELEMENTS: E-P-N (3) NOTES:

1. That the offender Employs violence or threats, SEIZE - to place in the control of someone a thing
in such a degree as to compel or force the or to give him the possession thereof; it is NOT
laborers or employers in the free and legal necessary that in the act, there be force or
exercise of their industry or work; violence.
2. That the Eurpose is to organize, maintain or • This article is not applicable to parents with
prevent coalitions of capital or labor, strike of respect to their minor children or to spouses
laborers or lockout of employees; and with respect to the papers or letters of either of
3. The act shall Not constitute a more serious them.
offense. Contents of the correspondence need not be
secret. The purpose of the offender
NOTE: Peaceful picketing is not prohibited; must prevails.
be confined strictly and in good faith to gaining Qualifying circumstance: When the offender
information and to peaceful persuasion and reveals the contents of such papers or letters
argument; employing violence or making threats by to a 3rd person.
picketers may make them liable for coercion This article does not require that the offended
party be prejudiced.
Punishment: arresto mayor and a fine not
exceeding Sixty Thousand Pesos (P60,000) DISCOVERING PUBLIC OFFICER
SECRETS THROUGH REVEALING
CHAPTER 3: DISCOVERY AND REVELATION SEIZURE OF SECRETS OF
OF SECRETS CORRESPONDE PRIVATE
NCE INDIVIDUAL
ART. 290. DISCOVERING SECRETS (ART. 290) (ART. 230)
THROUGH SEIZURE OF Private individual who Public officer comes to
CORRESPONDENCE seizes the papers or know of secret of any
letters of another to private individual by
discover the latter's reason of his office;
Definitio Any private individual who in order secrets;
to discover secrets of another, shall Not necessary that Public officer comes to
seize his papers or letters and there be a secret; and know of secret of any
reveal the contents thereof. private individual by
Elements P-S-P-I (4) reason of his office;
1. That the offender is a Erivate and
individual or even a public officer If there was, not Reveals secret
not in the exercise of his official necessary to be without justifiable
function; revealed. means.
2. That he Seizes the papers or
letters of another; ART. 291. REVEALING SECRETS WITH
3. That the Purpose is to discover ABUSE OF OFFICE
the secrets of such other
person; and
Definitio any manager, employee, or servant
4. That offender is Informed of the
who, in such capacity, shall learn
contents or the papers or letters
the secrets of his principal or
seized.
master and shall reveal such
Penalty Prision correccional in its minimum secrets.
Elements M-L-R (3)
exceeding P100,000
1. That the offender is a Manager,
employee or servant;
If the offender shall not reveal such
2. That he Learns the secrets of his
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BAR OPERATIONS ,2019 CRIMINAL LAW
principal or master in such I. CRIMES AGAINST PROPERTY

capacity; and
3. That he Reveals such secrets. CHAPTER 1: ROBBERY IN GENERAL
Penalty- Arrest° mayor and a fine not ROBBERY is the taking of personal property
exceeding P100,000 belonging to another, with intent to gain, by means
of violence against, or intimidation of any person,
or using force upon anything.
NOTE: Damage is not required by this article.
Secret must be learned by reason of their
employment Taking, as an element of robbery, means depriving
the offended party of ownership of the thing taken
ART. 292. REVELATION OF INDUSTRIAL with the character of permanency. The taking
should not be under a claim of ownership. Thus,
SECRETS
one who takes the property openly and avowedly
under claim of title offered in good faith is not guilty
Definitio person in charge, employee or of robbery even though the claim of ownership is
n workman of any manufacturing or untenable. (Sy v. Gutierrez, G.R. No. 1,71579,
industrial establishment who, to November 14, 2012)
the prejudice of the owner thereof,
shall reveal the secrets of the ARTICLE 293. WHO ARE GUILTY OF
industry of the latter. ROBBERY
Elements P-S-O-P (4) ELEMENTS P-U-I-V (4)
1. That the offender is ,a Eerson in 1. There must be Eersonal property belonging to
charge, employee or workman another;
of a manufacturing or industrial 2. Unlawful taking of that property;
establishment; 3. Taking was with Intent to gain (animus
`2. That the manufacturing or lucrandi); and
industrial' establishment has a 4. That there is (a) yiolence against or
aecret
of the industry which the intimidation of person or (b) force upon
offender has learned; anything.
3. That the Offender reveals such
secrets; and
. That Erejudice is caused to the
owner.
Penalty Prision correccional in its minimum
exceeding P100,000
NOTES:
• Prejudice is an essential element of this
offense.
• The revelation of the secret might be made
after the-employee or workman had ceased to
be connected with the establishment.
PLEASE SEE SPL REVIEWER ON RA
4200 ANTI-WIRETAPPING ACT AND
R.A.
9372 HUMAN SECURITY ACT 2007.
END OF TOPIC
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DISTINCTIONS BETWEEN EFFECTS OF the building.

EMPLOYMENT OF VIOLENCE OR • Intent to gain is presumed from unlawful taking
INTIMIDATION AND USE OF FORCE UPON and must concur with "personal property
THINGS belonging to another".
When violence/intimidation must take place:
Violence or Force upon things
a. General Rule: before taking is complete;
intimidation of
b. Exception: when violence results in
persons
homicide, rape, intentional mutilation, or
WHEN ROBBERY any of the serious physical; and
Always, whenever Only when force is c. injuries under Art. 263, par. 1 and 2
violence against or used to either: — robbery will be complexed with any of those
intimidation of any a. enter the crimes, even if the taking was already
person is present building, or complete when the violence was used by the
b. to break offender.
doors, "Entrance" as an element.
c. wardrobes, a. General rule: necessary;
chests, or b. Exceptions:
any other A. when the robbery is committed by
kind of breaking wardrobes, chests, or any
locked or other kind of locked or sealed furniture
sealed or receptacle inside an inhabited
furniture or house, a public building or an edifice
receptacle devoted to religious worship, or by
inside the taking such furniture or objects away
building or to to be broken or forced open outside
force them [Art. 299, subdivision (b)]; and
open B. when the robbery in an uninhabited
outside after building, other than a public building or
taking the edifice devoted to religious worship, is
same from committed by breaking any wardrobe,
building chest, or any sealed or closed furniture
BASIS OF PENALTY or receptacle, or by removing a closed
a. result of the When committed in or sealed receptacle even if the same
violence an inhabited house, be broken open elsewhere [Art. 302,
used, and public building, or par. 4 and 5].
b. existence edifice devoted to • Prohibited articles may be the subject matter of
of religious worship: robbery.
intimidatio a. value of the • Taking need not be immediately after the
n property intimidation.
c. value of taken, and
personal b. whether or SECTION 1 — ROBBERY WITH VIOLENCE
property is not AGAINST OR INTIMIDATION OF PERSONS
immaterial offenders
carry arms; ART 294. ROBBERY WITH VIOLENCE
AGAINST OR INTIMIDATION OF PERSONS
When committed in
an uninhabited PUNISHABLE ACTS
building: 1. By reason or on occasion of the robbery,
- Value of the homicide is committed;
property taken 2. Accompanied w/ rape or intentional mutilation
or arson;
NOTES: 3. By reason or on occasion of robbery, any of
Unlawful taking is complete when: the physical injuries resulting in insanity,
a. With violence/intimidation: property must imbecility, impotency, or blindness is inflicted
at least be in the possession of the (Art. 263, par. 1); or serious physical injuries
offender; and resulting in the loss of the use of speech, or the
b. With force: property must be taken out of power to hear or to smell, or the loss of an eye,
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hand, foot, arm, leg, or the loss of the use of it clearly appears they endeavoured to
any such member or incapacity for work in w/c prevent the same; [People v. Carrozo,
victim is habitually engaged is inflicted (Art. 342 SCRA 600 (20.00);F'eople v.
263, par. 2); Hernandez, G.R. No. 139697, June
4 If the violence or intimidAtion is carried to a 16, 9004]
degree clearly unnecessary for the crime; and
5. In the course of its execution, inflicts upon any ii. Accessory: Necessity of knowledge
person not responsibie for the commission of There is an issue regarding the penalty
robbery any of the phYsical injuries resulting to imposable against an accessory. Without
deformity, loss of any part of the body or the knowledge of the killing committed during
use thereof, or illness or incapacity for the robbery. Jurisprudence [People v. Doble,
performance of the work for > 90 days or > 30 114 SCRA 131; People v. Adriano y
days (Art. 263, pars. 3 and 4); or Sanguesa, 95 SCRA 107] provides that
6. Does not cause any serious physical injuries such an accessory could not have
defined in Art. 263, or if the offender employs prevented the same, hence, should be an
intimidation ONLY. accessory only to the crime of simple
robbery; Art. 53 of the RPC provides that
NOTES: the penalty for an accessory is the penalty
a The -crime defined in this article is a special lower by two degrees than that prescribed
complex crime. by law for the consummated felony. Since
• "On the occasion" and "by reason" of the robbery cannot be disintegrated from the
robbery means "in the course" or "because special complex crime of robbery with
of" robbery. homicide, there is an issueon the basis of
• Robbery and homicide are separate offenses, stich an accessory's penalty.
when the homicide was not committed "on the Distinguished from Highway Robbery:
occasion" or "by reason" of the robbery. Conviction for highway robbery requires
proofthat several accused were organized
PARAGRAPH 1: ROBBERY WITH for the purpose of committing it
HOMICIDE indiscriminately.
g. When homicide is not proved, the crime is
ELEMENTS only robbery, and vice versa.
1. Taking of personal property with the use of
violence or irOmidation against persons PARAGRAPH 2: ROBBERY WITH RAPE
2. Personal prropertY thus taken belongs to a. It is ' important to determine the primary
another objective or intent of accused.
3. The taking is characterized by intent to gain or b. Intent to gain from personal property of
animus lucrandi; another must precede the rape.
4. On the occasion of the robbery or by reason c. Rape is committed on the occasion of robbery,
thereof, the crime of homicide was committed even if committed in another place within the
house.
a. Homicide is understood in its generic d. When rape and homicide co-exist in the
sense (i.e., including parricide and commission of robbery, rape is considered as
murder). an aggravating circumstance only to Robbery
b. Homicide may precede or may occur after with Homicide.
robbery; and need not be committed in the e. There is no Robbery with attempted rape.
place of robbery. f. Additional rapes committed on the same
c. HOWEVER, intent to take personal occasion of robbery will not increase the
property belonging to another with intent to penalty.
gain must precede the killing.
d. "Any person" may be killed; the killing of a PARAGRAPH 4: ROBBERY WITH
co-robber is still covered. UNNECESSARY VIOLENCE AND
e. Participation and liability INTIMIDATION
i. Principals a. There are two cases provided:
All who participated as principals in the i. When the violence or intimidation was
rolpbery are principals in robbery with carried to a degree clearly unnecessary, or
homicide although they did not When physical injuries covered by sub. 3
actually take part in the killing, unless and 4 of Art. 263 were inflicted upon any
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person not responsible for the commission ROBBERY DISTINGUISHED FROM BRIBERY
of robbery. ROBBERY BRIBERY
b. Violence or intimidation in the first case need The owner of the The owner of the
not be present before or at the exact moment property didn't commit property has
when the object is taken; a crime but is committed a crime and
i. May be committed at any time before the intimidated to deprive gives money as way to
owner is finally deprived of his property. him of his property; avoid arrest or
and prosecution; and
PARAGRAPH 5: ROBBERY WITH Deprived of money Giving of money is in a
VIOLENCE OR INTIMIDATION IN OTHER thru force or sense voluntary.
CASES intimidation; neither
a. Acts done, either by their own nature or by voluntary nor mutual.
reason of the circumstances under which they Example: Accused, a sanitary inspector,
are executed, must inspire fear in the person demands payment of an amount with threats of
against whom they are directed . arrest and prosecution after inspection in the
i. objective fright (due to some act on the offended party's store. The crime committed is
part of the accused) and NOT subjective robbery because the principal distinction from
fright (fear arising from the mere bribery is the voluntariness of the transaction on
temperamental timidity of the offended the part of the owner Of the property. (People V.
party). Francisco, G.R. No. 21390, March 26, 1924)
THREATS TO EXTORT MONEY ART. 295. ROBBERY WITH PHYSICAL
DISTINGUISHED FROM ROBBERY THRU INJURIES, COMMITTED IN AN UNINHABITED
INTIMIDATION PLACE AND BY A BAND, OR WITH THE USE
THREATS TO ROBBERY THRU OF FIREARM ON A STREET, ROAD OR ALLEY
EXTORT MONEY INTIMIDATION (QUALIFIED ROBBERY)
Conditional or Actual
future and INSTANCES QUALIFYING ROBBERY WITH
intimidation; immediate VIOLENCE AGAINST OR INTIMIDATION OF
intimidatio PERSONS
n; 1. in an uninhabited place, or
Intimidation Intimidation is 2. by a band, or
may be through personal; 3. by attacking a moving train, street car, motor
an vehicle or airship, or
intermediary; 4. by entering the passenger's compartments in
Intimidation Intimidation is a train, or in any manner taking the passengers
may refer to directed only to the thereof by surprise in the respective
person, honor offended party; and conveyances, or
or property of 5. on a street, road, highway or alley and the
the offended intimidation is made with the use of firearms,
party; and whether licensed or unlicensed.
Gain is not Gain is immediate.
immediate. NOTES: This article will not apply to the special
complex crimes of robbery w/ homicide, w/ rape, or
ROBBERY WITH VIOLENCE DISTINGUISHED w/ serious physical injuries under paragraph 1 of
FROM GRAVE COERCION Art. 263.
Violence is used • must be alleged in the information and proved
Intent to gain No intent to gain during trial; and
• cannot be offset by generic mitigating
circumstances.
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ART. 296. DEFINITION OF A BAND AND • Provided serious physical injuries must be
PENALTY INCURRED BY MEMBERS employed as the necessary means of
THEREOF committing robbery.
ROBBERY IS DEEMED. COMMITTED BY A If 'physical injuries were inflicted on the victim, but
BAND: no intent to kill was proven and the victim did not
When at least 4 armed malefactors take part. die, the liability of the offender may be as follows:
1. If physical injuries was committed as a means
REQUISITES FOR LIABILITY FOR THE for the commission of attempted or frustrated
ACTS OF THE OTHER MEMBERS OF THE robbery, the injuries are absorbed. The crime
BANE,: Ni-F!-A-N (4) shall only be attempted or frustrated robbery.
1. That the accused was a Member of the band; 2. If physical was committed on the occasion of
2. That he was Present at the commission of a robbery but not as a means for the commission
robbery by that band; of attempted or frustrated robbery, they are
3. That the other members of the band committed treated as separate crimes of attempted or
an assault; and frustrated robbery AND physical injuries.
4. Thaf he did Not attempt to prevent the assault. 3. If both killing and physical injuries were
committed on that occasion, the crime shall be
NOTES: penalized in accordance with Art. 297, but
If the robbery and assault was committed by a the physical injuries will be absorbed.
band and or in conspiracy. (even if it was for
robbery only), all participants are liable; unless: The penalty is the same whether the robbery is
a. The accused prevented the assault or attempted or frustrated.
attempted to prevent; -or
b. The accused is a principal by inducement ART 298. EXECUTION OF DEEDS BY
as to the commission of robbery UNLESS MEANS OF VIOLENCE OR INTIMIDATION
he ordered such killing or the commission
of _other crimes.
Pro,of of conspiracy is not necessary when four Definitib ' Any person who, with intent to
or More armed persons committed robbery. n defraud another, by means of
If rape was committed by one member of the ,yiqtence or intimidation, shall compel.
band without the knowledge of the others, he him to sign, execute or deliver any
alone is guilty of robbery vv-ith rape. public instrument or document
Elements (IC-VI):
ART 297. ATTEMPTED AND FRUSTRATED
. 1. That the offender has intent to
ROBBERY COMMITTED UNDER CERTAIN
defraud another;
CIRCUMSTANCES
2. That the offender compels him
to sign, execute, or deliver any
ATTEMPTED OR FRUSTRATED ROBBERY
public instrument or document;
WITH HOMICIDE
and
The crime is a special complex crime.
3. That the compulsion is by
1. The term "homicide" is used in its generic
means of violence or
sense. It includes ANY unlawful killing.
intimidation
2. There must be overt acts pointing to robbery.
When homicide committed with a qualifying Penalty Same as robbery
circumstance then a higher penalty shall be
impose_ e.g. murder or parricide.
NOTES:
Distinctions (People v. Villanueva, C.A.- G.R. No. • This article is not applicable if the document is
2676, May 31, 1939): void.
A. Art 294 applies if the offense committed is • Distinguished from grave coercion:
consummated robbery with homicide. o When the offended party is under
B. Art 297 applies if the offense committed is obligation to sign, execute or deliver the
attempted or frustrated robbery with homicide-, document under the law or when there is
C. Art 48 applies if the offense committed is no intent to defraud, it is grave coercion.
attempted or frustrated robbery but only 0 "Public" describes instrument only;
serious physical injuries. hence, article also applies to private or
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commercial documents. the culprit must be inside the building).

False keys are genuine keys stolen from the
SECTION 2 — ROBBERY BY THE USE OF owner or any keys other than those intended
FORCE UPON THINGS by the owner for use in the lock forcibly opened
by the offender (Art. 305).
TWO (2) INSTANCES: Picklock or similar tools are those specially
1. Robbery occurred in: adopted to the commission of robbery (Art.
a. An inhabited house or public building or 304).
edifice devoted to religious worship (Art. When the false key is used to open wardrobe
299), or or locked receptacle or drawer or inside door,
b. An uninhabited place or in a private it is only theft.
building (Art. 302); and Using of fictitious name or pretending the
2. If the offender did not enter the premises exercise of public authority must be the efficient
through any of the means mentioned in Art. cause of the opening by the offended party of
299 (a), but the offender broke a wardrobe, the door of his house to the accused.
chest, or any other kind of locked or closed or The four means described must be resorted to
sealed furniture or receptacle in the house or by offender to enter, not to get out.
building, or he took it away to be broken or
forced open outside. SUBDIVISION (B) ELEMENTS
1. That the offender is inside a dwelling house,
ART 299. ROBBERY IN AN INHABITED public building, or edifice devoted to religious
HOUSE OR PUBLIC BUILDING OR worship, regardless of the circumstances
EDIFICE DEVOTED TO WORSHIP under which he entered it; and
2. That the offender takes personal property
SUBDIVISION (A) ELEMENTS belonging to another with intent to gain, under
1. That the offender entered any of the following circumstances:
a. an inhabited house, or a. by the breaking of doors, wardrobes,
b. public building, or chests, or any other kind of locked or
c. edifice devoted to religious worship; sealed furniture or receptacle, or
2. That the entrance was effected by any of the b. by taking such furniture or objects away to
following means: be broken or forced open outside the place
a. Through an opening not intended for of the robbery.
entrance or egress,
b. By breaking any wall, roof, or floor or NOTES:
breaking any door or window, Entrance need not be effected by any of the
c. By using false keys, picklocks or similar means mentioned in subdivision (a).
tools, or "Doors" refer only to "doors, lids, or opening
d. By using any fictitious name or pretending sheets" of furniture or other portable
the exercise of public authority; and receptacles — not to inside doors of house or
3. That once inside the building, the offender building.
took personal property belonging to When sealed box is taken out for the purpose
another with intent to gain. of breaking it, crime is already consummated
robbery. There is no need to actually open it
Definition inside the building from where it was taken.
A. An Inhabited house is any shelter, ship or • Distinguished from estafa or theft
vessel constituting the dwelling of one or more 1. If the box was confided into the custody of
persons even if inhabitants are not present accused and he takes the money
B. Public building is every building owned by the contained therein, the crime is estafa.
Government or belonging to a private person 2. If the box was found outside of the building
but used or rented by the Government, and the accused forced it open, the crime
although temporarily unoccupied by the same. is theft.
ART 300. ROBBERY IN AN UNINHABITED
NOTES: PLACE AND BY A BAND
There must be intention to take personal
property in entering the building. Penalty in previous article will be the maximum
The offender must enter the building in which period if:
the robbery was committed (i.e., whole body of 1. Robbery with force upon things is committed
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in an uninhabited place and by a band; elsewhere.

• the inhabited house, public building, or
edifice devotedl to religious worship NOTES:
MUST be located in an uninhabited • Uninhabited place means an uninhabited
place; building.
AS OPPOSED TO: Robbery with violence against • Building includes any kind o,f s,tructure for
or intimidation of persons which must be storage or safekeeping of personal property.
committed in an uninhabited place or by a band. • Robbery in a store:
a. Art. 299 — if the store is used as a dwelling;
ART 391. WHAT IS AN INHABITED HOUSE, or if tne -store is a dependency of an
PUBLIC BUILDING, OR BUILDING DECLARED inhabited house with an interior entrance
TO RELIGIOUS WORSHIP AND THEIR connected therewith;
DEPENDENCIES b. Art. 302 — if the store is net used as a
dwelling;
REQUISITES FOR DEPENDENCIES I. taking of mail matter as defined in Art.
(CIP)(3 elements) 294, 295, 297, 299, 300 302 shall be
All interior courts, corrals, warehouses, granaries punished with penalties under the said
or enclosed places must be: articles; penalty is based on value of
1. ,Qontiguous to the building; property taken.
2. Haying an Interior entrance connected Taking of large catle is now punished under
therewith, and P.D. 533. -
3. Forming cart of the who's.
• Place is still considered inhabited even if ART. 303. ROBBERY OF CEREALS,
the occupant is absent when robbery FRUITS, OR FIREWOOD IN AN
occurred. UNINHABITED PLACE OR PRIVATE
BUILDING
NOTE:
Orchard and other lands for cultivation or Definition:
production are not included in the term Cereals (also known as palay)_— seedling which
dependencies (Art 301, par. 3). are the immediate product of the soil.
ART. 302. ROBBERY IN AN UNINHABITED NOTES:

PLACE OR IN A PRIVATE BUILDING When the robbery described in Arts. 299 and
302 consists in the taking of cereals, fruits, or
ELEMENTS: firewood, the penalty is one degree lower.
1. That the offender entered an uninhabited o Applicable only to robbery by "force upon
place or a building which was not a dwelling things."
house, not a public building, or not an edifice • The palay must be kept by the owner as
devoted to religious worship; "seedling" or taken for that purpose by the
2. That with intent to gain, the offender took robbers.
therefrom personal property belonging to o Does not include taking sacks of hulled rice
another; (bigas) which falls under Art. 302.
3. That any of the following circumstances was
present:
a. That entrance was effected through an
opening not intended for entrance or
egress;
b. A wall, roof, floor, or outside door or
window was broken;
c. The entrance was effected through the use
of false keys, picklocks or other similar
tools;
d. A door, wardrobe, chest, or any sealed or
closed furniture or receptacle was broken;
or
e. A closed or sealed receptacle was
removed, even if the same be broken open
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Penalties for Robbery and Theft

• Form of Robb,Ary/Theft Penalty
Robbery in an inhabited house under Any armed person who shall commit robbery in an inhabited
Art. 299 house or public building or edifice devoted to religious
worship, shall be punished by reclusian temporal, if the value
of the property taken shall exceed Fifty thousand pesos
(P50,000)
When the offenders do not carry arms, and the value of the
property taken exceeds Fifty thousand pesos (P50,000), the
penalty next,lower in degree shall be imposed.
The same rule shall be applied when the offenders are armed,
but the value of the property taken does not exceed Fifty
thousand pesos (P50,000).
When said offenders do not carry arms and the value of the
property taken does not exceed Fifty thousand pesos
(P50,000), they shall suffer the penalty prescribed in the two
(2) next preceding paragraphs, in its minimum period.
Robbery of uninhabited place under If the value of the property taken exceeds Fifty thousand
Art. 302 pesos (P50,000), shall be punished by prisiOn correccional In
its medium and maximum periods provided that any of the
qualifying circumstances is present
When the value of the property taken does not exceed Fifty
thousand pesos (P50,000), the penalty next lower in degree
shall be imposed.
Theft: Value is more than 2.2.M Additional 1 year for every 1 million pesos but not to exceed a
total of 20 years.
Theft: value is not more than 1.2M Prision mayor or reclusion temporal
but not more than 2.2M
Theft: value is more than 600k but Prision correccional in its med and max periods
not more than 1.2M
Theft' value is More than 20k but not Prision correccional min and med
more than 600k
theft: value is more than 5k but not Arresto mayor in med to prsion correccional in min
more than 20K
Theft: value is more than 500 but not Arresto mayor
more than 5k
Theft: 'value is not more than 500 Arresto mayor in min and med
Theft is committed under the Arresto manor or a fine not exceeding 20k
circumstances enumerated in
paragraph 3 of the Article 308 and the
value of the thing stolen does not
exceed Five hundred pesos (P500)
If such value exceeds P500 The provisions of any of the five preceding subdivisions shall
be made applicable.
When the value of the thing stolen is Arresto menor in its minimum period or a fine not exceeding
not over Five hundred pesos (P500), Five thousand pesos (P5,000)
and the offender shall have acted
under the impulse of hunger,
poverty, or the difficulty of earning a
livelihood for the support of himself
or his family.
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ART. 304, POSSESSION OF PICKLOCKS OR firearms—as long as they are weapons in

SIMILAR TOOLS general. (People v. De La Rosa C.A., 49 0.G.
2863)
ELEMENTS (FAN) (a)
1. That ' The offend-er has in his Eossession BRIpANDAGE DISTINGUISHED FRnM
picklocks or similar tools; ROBBERY BY A BAND
2. That such picklocks or similar tools are
specially Adopted to the commission of
robbery; and
3. That the offender does,Not have lawful cause Purposes -are those Purpose is only to
for such possession. enumerated above; commit robbery, not
Actual use of the picklocks or similar tools is not necessarily in
necessary. highway;
• The liability of a locksmith is higher than that of
a mere possessor Agreement to commit Agreement is to
robbery not limited to commit only a
ART. 305. FALSE KEYS WHAT one occasion; particular robbery;
CONSTITUTES:
1. Picklocks or similar tools not mentioned in the Mere formation of a It is necessary to
next preceding article, band is sufficient to prove actual
2. Genuine keys stolen from the owner; and convict; and commission of
3. Any key other than those intended by owner robbery; and
for use in the lock forcibly opened by the Both require that the offenders form a band of
offender. robbers.
NOTES: THINGS TO PROVE:

If the key was entru%p,d to the offender and he 1. There is an organization of more than 3 armed
used it to steal, crime is not robbery but theft. persons forming a band of robbers;
Possession of false keys in (2) and (3) are not 2. The purpose of the band is any of those
punishable. enumerated;
3. They went upon the highway or roamed upon
A master key is considered a picklock and its the country for that purpose and
possession is punishable. (People v. Lopez G.R. 4. The accused is a member of the band.
No. L-18766)
ART. 307. AIDING AND ABETTING A
CHAPTER 2: BRIGANDAGE •BAND OF BRIGANDS
ART. 306. WHO ARE BRIGANDS - ELEMENTS:

PENALTY 1. That there is a band of brigands;
2. That the offender knows the band to be of
ELEMENTS: brigands; and
1. There are at least 4 armed persons; 3. That the offender does any of the following
2. They forrned a band of robbers; acts:
3. The purpose is any of thee following: a. the offender in any manner aids, abets or
a. to commit robbery in the highway, or protects such band of brigands, or
b. to kidnap persons for the purpose of b. the, offender gives them information of the
extortion or to obtain ransom, or movements of the police or other peace
c. to attain by means of force and violence officers of the Government, or
any other purpose. c. the offender acquires or receives the
property taken by such brigands.
NOTES:
Theiexistance of any of the purpose mentioned PRESUMPTION OF LAW AS TO
is sufficient (i.e., mere formation) to convict. KNOWLEDGE
If any of the members carries unlicensed
firearm, all are presumed highway robbers or Any person performing any of the acts provided in
brigands. this article has performed them knowingly, unle,ss
• Arms carried need not necessarily be the contrary is proven.
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CHAPTER 3: THEFT another and,

c. without the consent of its owner, hunt, fish
ART. 308. WHO ARE LIABLE FOR THEFT or gather fruits, cereals or other farm
products.
Definitio Theft is the taking of personal • Fishing should not be in the fishpond or
n property belonging to another fishery within the field or estate; otherwise,
without the owner's consent and it is qualified theft under Art. 310.
without the attendance of violence were not deprived their right to the property.
or intimidation of persons or force (Valenzuela v. People G.R. No. 160188,
upon things. June 21, 2007)
• Taking is consummated the moment the
Elements 1. That there be taking of personal offender has full possession of the thing
. property; even if he did not have an opportunity to
2. That said property belongs to dispose of the same; it does not require the
another; "taking away or carrying away."
3. That the taking be done with • The "taking" must be accompanied by the
intent to gain; intention, at the time of the taking, of
4. That the taking be done without withholding the thing with character of
the consent of the owner; and permanency. (People v. Rico, et al. C.A.,
5. That the taking be accomplished 50 O.G. 3103; Peple v. Galang, etal. C.A.,
without the use of violence 43 O.G. 577)
against or intimidation of • Intent to gain is presumed from the
persons or force upon things. unlawful taking;
a. Except if the person takes the thing
from another believing in good faith
PERSONS LIABLE
that it is his own;
1. Those who:
a. with intent to gain, • Consent (of owner) contemplated in
b. but without violence against or intimidation the element of theft refers to consent
of persons nor force upon things, freely given and not merely implied
c. take personal property of another, from silence of the owner;
d. without the latter's consent. b. Allegation of lack of consent is
indispensable.
2. Those who:
a. having found lost property, DISTINGUISHED FROM ESTAFA
b. fail to deliver the same to the local THEFT ESTAFA
authorities or its owner. If only material If juridical
• Retention of money/property found is theft. possession (i.e. custody possession is
What is punished is retention or failure to of object) was given to transferred (Ex., by
return with intent to gain. the accused and it is a contract of
• The offender's knowledge of the identity of actually taken by him bailment) to the
the owner of the property is not required. with no intent to return accused and he
His knowledge that the property is lost is takes the property
enough. with intent to gain
3. Those who:
a. after having maliciously damaged the
property of another,
b. remove or make use of the fruits or object
of the damage caused by them.
• Killing the cattle of another which
destroyed his(offender's) property and
getting meat for himself is theft.
4. Those who
a. enter an enclosed estate or a field where
b. trespass is forbidden or which belongs to
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DISTINGUISHED FROM ROBBERY ART 309, PENALTIES

THEFT ROBBERY
If violence or If violence or BASIS FOR PENALTY:
intimidation is intimidation 1. The Value of,the thing stolen;
committed after committed after 9. The value and the nature of the thing taken; or
taking is complete; taking is complete 3. The circumstances or causes that impelled the
which results in culprit to commit the crime.
homicide, rape,
intentional ART 310. QUALIFIED THEFT
mutilation, Or
serious physical ELEMENTS
injuries — as a 1. Taking of personal property;
special complex 2. Said property belongs to another;
crime; 3. Said taking be done with intent to gain;
Force is absorbed; Force is employed 4. It be done without the owner's consent;
and to enter; and 5. It be accomplished without the use of violence
Lack of consent by the or intimidation against persons, nor of force
It is necessary that
owner is sufficient. upon things; and
taking must be
6. It be done under any of the circumstances
against the will of
below,
the owner.
CIRCUMSTANCES FOR QUALIFIED, THEFT
NOTES: Unlawful taking consummates theft
1. It is committed by a domestic servant, or
even in the absence of the opportunity to
2. Committed with grave abuse of confidence,
dispose of the pers9na1 property taken. The
Or
presumed inability of the offenders to freely
3. The property stolen is a:
'dispose the stolen property does not mean the
a. motor vehicle,
owners -
b. mail matter,
In theft of lost property, it is necessary to prove:
c. large cattle,
a. Time of the seizure of the-things;
d. coconut from the premises of a plantation
b. That it was lost property belonging to
(whether still in the tree or deposited on the
another; and
c. That the accused having had the ground),
e. fish from a fishpond or fishery; or
opportunity to return or deliver the lost
4. Committed on the occasion of calamities,
property to its owner or to the local
vehicular accident and civil disturbance.
authorities, refrained from doing so.
There is no frustrated theft.
NOTES:
Actual or real gain is not necessary; enough
• "Grave abuse of confidence" necessitates a
that on taking the property, the accused was
high degree of confidence between the
actuated by the desire or intent to gain.
offender and the offended party. (Ex. guests);
Unless force upon things is used to enter a
there must be an allegation in the information of
building, it is theft and not robbery EXCEPT it
proof of a relation by reason of dependence,
is robbery when a furniture, chest, or other
guardianship or vigilance, between the
locked/sealed receptacle is broken in the
accused and the offended party, that has
house or building or taken therefrom and
create,d a high degree of confidence
broken outside.
between them.
When a person possesses part of recently
Theft is qualified if it is committed by one who
stolen property, he is presumed to be the thief
has 'access to the place where stolen property
of all unless he has a satisfactory explanation
is kept. (Ex. security guards, tellers)
of his possession.
• A bank's employees are entrusted with the
Theft is NOT a continuing offense.
possession of money of the bank due to the
confidence reposed in them and as such they
occupy positions of confidence. Thus when a
bank manager issues manager's checks in
order to take money from certain accounts to
benefit himself and another, such manager is
guilty of qualified theft. (PNB v. Tria, G.R. No.
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193250, April 25, 2012) 3. That violence against or

Theft by laborer is only simple theft; not all theft intimidation of persons is used
by a housemate is qualified theft. by the offender in occupying
Novation theory applies only when there's real property or usurpation of
contractual relationship between the accused real rights in property; and
and complainant. 4. That there is intent to gain.
Theft by domestic servant is ALWAYS
qualified. Penalty fine of from fifty (50) to one hundred
PD 705: Qualified Theft which penalizes any (100) per centum of the gain which
person who directly or indirectly cuts, gathers, he shall have obtained, but not less
removes, or smuggles timber, or other forest than Fifteen thousand (P15,000)
products from any of the public forest. pesos.
If the value of the gain cannot be
OTHER CIRCUMSTANCES ascertained, a fine of from Forty
1. Theft of motor vehicle thousand pesos (P40,000) to One
a. Anti-earnapping Act of 1972 (R.A. 6539) hundred thousand pesos
2. Theft of large cattle (P100,000) shall be imposed.
a. Anti-Cattle Rustling Law of 1974
ART 311. THEFT OF THE PROPERTY OF DISTINGUISHED FROM THEFT OR ROBBERY

THE NATIONAL LIBRARY AND NATIONAL USURPATION THEFT OR
MUSEUM ROBBERY
Occupation or Taking or asportation;
It has a fixed penalty regardless of its value. usurpation;
Involves real Involves personal
Unless a higher penalty should be provided under property or real property; and _
other provisions of this Code. (e.g. theft with abuse right;
of confidence penalty for qualified theft) and
Intent to gain.
PLEASE SEE SL REVIEWER ON
P.D. 1612 & ITS NOTES:
IMPLEMENTING RULES AND • Violence/intimidation must be the means used
in occupying real property or usurping real
RFGIJI AT1ON$ ANTI-
right belonging to another.
CHAPTER 4: USURPATION • Criminal action is not a bar to civil action for
forcible entry.
ART. 312. OCCUPATION OF REAL • When there is no intent to gain, the crime
PROPERTY OR USURPATION OF REAL committed is coercion.
RIGHTS IN PROPERTY • No violence used and no intent to gain, the
crime is malicious mischief.
Definitio Any person who, by means of
violence against or intimidation of
persons, shall take possession of
any real property or shall usurp any
real rights in property belonging to
another, in addition to the penalty
incurred for the acts of violence
executed by him
Elements 1. That the offender

• a. takes possession of any real
property, or
b. usurps any real rights in
property;
2. That the real property or real
rights belong to another;
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_
ART 313 ALTERING BOUNDARIES OR

LANDMARKS INSOLVENC-Y -LAW FRAUDULENT
INSOLVENCY
- -
Definitio Any person who shall alter the That the_ criminal act No requir,ement; not
boundary rnarl<s -or monuments of should have been necessary that
towns, provinces, or estates, or any committed after the defendant should
other marks intended to designate institution of insolvency have been
'the boundaries of the same proceedings adjudged bankrupt
, or insolvent
Elements 1. That there be boundary marks
or monuments of towns, CHAPTER 6: SWINDLING AND OTHER
provinces, or estates, or any DECEITS,
other marks intended to
designate the boundaries of ART. 315. SWINDLING (ESTAFA)
the same; and
That the offender alters said ELEMENTS, IN GENERAI,...
boundary marks. 1. Accused defrauded another; and
2. That damage or prejudice capable of
Penalty Arresto menor or a fine not pecuniary estimation is caused to the
exceeding p2p,000, or both offended party or third person.:
Notes: 3. The element of damage or prejudice may
• Intent to gain or fraudulent intent is not consist in:
necessary; mere alteration is sufficient. a. That the offended party being deprived of
• Alter has a general and indefinite meaning; to his money or property, as a result of the
make different without changing into defraudation;
something else. b. Disturbance in property rights; or
c. Temporary prejudice.
CHAPTER 5: CULPABLE INSOLVENCY
Notes:
ART. 314. FRAUDULENT INSOLVENCY • Fraud, in its general sense, is deemed to
comprise anything calculated to deceive,
._ including all acts, omissions, and concealment
Definitio Any person who shall abscond with involving a -breach of legal or equitable duty,
n his property to the prejudice of his trust, or confidence justly reposed, resulting in
creditors damage to another, or by which an undue and
Elements (DAP) (3) unconscientious advantage is taken of
. 1. Offender is a Qebtor; that is, he another.
has
obligations due and payable; THREE WAYS OF COMMITTING ESTAFA
2. Offender Absconds with his
property; and 1. With unfaithfulness or abuse of confidence;
3. That there be Erejudice to his 2. By means of deceit; or
creditors. 3. Through Fraudulent Means.
Penalty Offender is a merchant: Prision FIRST WAY OF COMMITTING ESTAFA

mayor (by unfaithfulness or abuse of confidence)
If not: Prision correccional in its
maximum to prision mayor in its ACTS PUNISHABLE (3 Acts):
medium 1. Altering the substance
Elements:
Actual prejudice is required; mere intention- a. Offender has an onerous obligation to
to prejudice is not sufficient.
deliver something of value;
- may involve real property
b. That he alters its substance, quantity,
or quality; and
c. That damage or prejudice is caused to
another.
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• When there's no agreement as to the

quality of the thing to be delivered, the • Third element: Prejudice refers to "another"
delivery of the thing not acceptable to the or any third person and not merely to the
complainant is not estafa. owner;
• Crime may arise even though the i. A partner may be liable for estafa if he
obligation is based on an immoral or illegal misappropriates the share of another
consideration. partner in profits or if he receives
money/property for a specific purpose and
1 By misappropriation or conversion later misappropriates it;
Elements • Fourth element: Demand is not required by

a. That money, goods, or other personal law; but it is necessary to provide
property be received by the offender in circumstantial evidence, if there is failure to
trust, or on commission, or for account upon demand;
administration, or under any other
obligation involving the duty to make Demand is not dispensed with even if:
delivery of, or to return, the same; i. the offender cannot be located;
b. That there be misappropriation or
conversion of such money or property by BUT in Peocile v. Villeoas 156 0.0. 11,
the offender, or denial on his part of such 19381, if the offender is in hiding, it is a
receipt; clear indication of a premeditated intention
c. That such misappropriation or conversion to abscond with the thing received and the
or denial is to the prejudice of another; offender could not have complied with the
and demand even if made, hence, demand is
d. That there is a demand made by the not necessary; or
offended party to the offender.
ii. there was an agreement upon specific
NOTES: time for delivery or return of the things
• Juridical possession (right of possession which received;
may be set up against its owner) is transferred.
i. As opposed to (a) transfer of material BUT in ps0212_v_aibiga - j na O.G. 53051,
possession which results in theft, or (b) if the receipt signed by the accused
transfer of ownership which results in civil stipulated a specified date for the return of
liability only. the thing, such specified date is in itself a
ii. It is presumed that the possession of, and demand dispensing with the need for a
title to, the thing delivered remains in the subsequent demand to be made; and
owner, when the delivery of a chattel has
not the effect of transferring the juridical • There is no estafa through negligence.
possession thereof, or title thereto.
iii. Includes quasi-contracts and certain
contracts of bailment (deposit, lease,
commodatum, but not mutuum [loan of
money]).
iv. Criminal liability for estafa is not affected
by subsequent novation of contract after
estafa has already been consummated or
incurred, or after criminal information/
complaint has already been filed.
• Second element: 3 ways of committing estafa

WI abuse of confidence:
i. Misappropriation is to take something for
one's own benefit;
ii. Conversion is to use or dispose of
another's property as if it were one's own;
• The words "convert" and "misappropriate"
connote an act of using or disposing of another
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DISTINGUISHED ESTAFA WITH ABUSE OF 3. By taking undue advantage of the signature

CONFIDENCE FROM THEFT of the offended party in blank
r ESTAFA THEFT WITH
i
ABUSE OF Elements: (4)
CONFIDENCE t That the paper with the signature of the
offended party be in blank;
Offender receives (Wender takes the 2. That the offended party should have
the thing from the thing; and delivered it to offender;
offended 3. That above the signature of the offended
_ , party; and
If in receiving the thing, If in receiving the party a document is written by the offender
the offender acquired. thing, the offender without authority to do so; and
not only material but acquired only 4. That the document so written creates a
also juridical possession material or transitory liability of, or causes damage to, the
of the thing. possession, while the offended party or any third person.
juridical possession
remains with the Note:
offended party. If the paper with signature in blank was stolen,
the crime is falsification if the offender made it
TEST TO DISTINGUISH ESTAFA FROM THEFT: appear that the victim participated in a
Whether or not the owner expects the immediate transaction when in fact he did not so
return of the thing he delivered to the accused: participate.
a. if yes, it is theft;
b. otherwise, it is estafa; EXCEPTION: the SECOND WAY OF COMMITTING
offender is a servant, domestic, or employee ESTAFA (by means of deceit)
where custody is only precarious and for a
temporary purpose or for a short period; General Elements
hence, juridical or constructive possession 1. That there must be a false pretense,
remains with the owner (Constructive fraud9lent act or fraudulent means;
possession is when the owner still has under 2. That such false pretense, fraudulent act or
his control and management and subject to his fraudulent means must be made or executed
disposition the thing even if actual physical prior to or simultaneously with the
possession is already transferred). commission of the fraud
3. That the offended party must have relied on
the false pretense, fraudulent act, or fraudulent
ESTAFA means, that is, he was induced to part with
his money or property because of the false
pretense, fraudulent act, or fraudulent means;
Offenders are entrusted with funds and
or property; 4. That as a result thereof, the offended party
Considered as a continuing offense; sufWe,d damage.
Always ' invo ves InVolves public
private funds; funds or property; ESTAFA THEFT
Offender is a private Offender is a public BY MEANS
individual, or a officer accountable OF
public officer not for public funds; and DECEIT
accountable for Involves both material Involves only material
public funds; and or physical possession or physical
Committed by Committed by and juridical possession; and
misappropriating appropriating, possession;
, converting, taking or and
denying having misappropriating or Always involves May or may not
received money. consenting or through deceit. involve deceit.
abandonment or
negligence permitting ACTS PUNISHABLE (5):
another to take 1. By using fictitious name, or falsely
pretending to possess power, influence,
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qualifications, property, credit, agency, against the offended part; or

business or imaginary transactions, or by e. There is no estafa if the postdated checks
means of other similar deceits; are issued and intended merely as a
(a) It is indispensable that the element of security.
deceit (i.e., the false statement or f. The payee should not have been informed
fraudulent representation) be made prior by the offender and the payee should not
to, or at least simultaneously with, the have known that the offender had no funds
delivery of the thing such that the deceit or insufficient funds. (Andan v People, GR
used constitutes the very cause or the only No 136388, March 14, 2006)
motive which induces the complainant to
part with the thing; DISTINGUISHED ESTAFA BY POSDATING
A CHECK FROM BOUNCING CHECKS LAW
NOTE: Ponzi Scheme is syndicated Estafa
defined under paragraph 2(a) of Art. 315, in ESTAFA BY BOUNCING CHECKS
relation to PD 1689 (Decree Increasing the POSTDATING A LAW (B.P. 22)
Penalty for certain forms of CHECK
Swindling and Estafa). It is [ART. 315, PAR.
a type of investment fraud that involves the 2(D)]
payment of purported returns to existing Offender employed No deceit employed
investors from funds contributed by new deceit; (malum prohibitum);
investors. Its organizers often solicit new
investors by promising to invest funds in Payee or person No damage necessary;
opportunities claimed to generate high using receiving the and
returns with little or no risk. check must be
defrauded or
2. By altering the quality, fineness, or weight of damaged (damage
anything pertaining to his art or business; being the basis of
penalty); and
3. By pretending to have bribed any Does not cover May be issued to cover
Government employee, without prejudice to checks issued for a for pre- existing
the action for calumny which the offended pre-existing obligation.
party may deem proper to bring against the obligation.
offender;
5. By any of the following acts committed at a
4. By postdating a check, or issuing a check in hotel, inn, restaurant, boarding house,
payment of an obligation when the offender lodging house, or apartment house:
had no funds in the bank, or his funds a. By obtaining food, refreshment or
deposited therein were not sufficient to cover accommodation therein without paying
the amount of the check; therefor, with intent to defraud the
proprietor or manager thereof;
a. Prima fade evidence of deceit: failure to
deposit the amount necessary to cover b. By obtaining credit therein by the use of
check within three (3) days from receipt of any false pretense; and
notice from bank of dishonor for c. By abandoning or surreptitiously removing
insufficiency of funds; any part of his baggage from therein after
obtaining credit, food, refreshment,
b. The check issued must be genuine, and
not falsified; otherwise, it is estafa by or accommodation therein, without
means of false pretense or through paying therefor.
falsification;
c. The obligation covered by the check must
be contracted at the time of the issuance
and delivery of the check; otherwise (i.e.,
if for a pre-exisiting obligation), there is no
estafa;
d. The accused must be able to obtain
something from the offended party by
means of the check — damage done
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any of the acts defined under ART 171 of

PLEASE SEE SPL REVIEWER ON the RPC.
BOUNCING CHECKS LAW M.P.
22) PLUS Note: There is no complex crime of estafa through
ADMINISTRATIVE CIRCULAR NO. falsification of private document. If the falsification
12-2000 RE: PENALTY FOR of a private document is committed as a means to
VIOLATION OF ap: 22 commit estafa, the proper crime to be charged is
falsification. If the estafa can be committed without
AND ADMINISTRATIVE CIRCULAR necessity, of falsifying a document, the proper
NO. 13-3001 RE: CLARIFICATION crime to be charged is estafa. (Batulanon v People,
OF AC 1/2- GI3 No 13q857, September 15, 2006)
2000; AND P.D. NO. 1689
(INCREASING THE PENALTY FOR DISTINGUISHED FROM FALSIFICATION
ESTAF,A BY FALSIFICATION
CERTAIN FORMS OF SWINDLING
INDUCING
OR-ESTAFA). ANOTHER
THIRD WAY OF COMMITTING ESTAFA (by TO SIGN
fraudulent means) ANY
DOCUMENT
ACTS PUNISHABLE (3 Acts): Misrepresentations Offended party was
1. By inducing another to sign any document; as to the character willing and ready
of the \documents from the beginning
ELEMENTS: executed to sign the
a. That the ,offender induced the offended document, in the
party to sign a document; belief it contained
b. Thet deceit be employed to make him sign statements made
the document; by him; but the
c. That the offended, party personally signed offender, in
the document; and preparing the
d. That prejudice be caused; document,
attributed
2. By resorting to some fraudulent practice to statements
insure success in a gambling game; different from those
made by the
3. By removing, concealing or destroying offended 'art .
documents;
ELEMENTS:
a. That there be court record, office files,
documents or any other papers;
b. That the offender removed, concealed, or
destroyed any of them; and
c. That the offender had intent to defraud
another.
Elements of the Complex Crime of Estafa

Through 'Falsification
For Estafa:
a. Deceit
b. Damage
For Falsification:
a. That the offend,er is a public officer,
employee, or notary public;
b. That he takes advantage of his official
position;
c. That he falsifies a document by committing
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DISTINGUISHED FROM MALICIOUS MISCHIEF with the check without giving the appropriate
• E$TAFA BY MALICIOUS dollar equivalent. A may sue B even if the
DESTROYIN MISCHIEF former does not own the funds of the check
G taken by B.
DOCUMENT • If the subject matter of the offense is generic
S and not identifiable, such as money unlawfully
Intent to defraud Intent to defraud is taken, an error in the designation of the
not required offended party is fatal and would result in the
acquittal of the accused. However, if the subject
DISTINGUISHED FROM INFIDELITY IN matter of the offense is specific and identifiable,
CUSTODY OF DOCUMENTS such as a warrant, a check, orjewelries, an error
ESTAFA BY ' MALICIOUS in the designation of the offended party is
REMOVING, MISCHIEF immaterial.
CONCEALIN
G OR ART 316. OTHER FORMS OF SWINDLING
DESTROYIN
G NOTE: There must be actual damage, not merely
DOCUMENT intent to cause damage, in view of the basis of the
$ penalty which is the "value of the damage caused",
Similar in the manner of committing the offense as provided in the provision.
Offender is a private Offender is a public
individual or even a officer who is PUNISHABLE ACTS (6 acts)
public officer who is officially entrusted
not officially entrusted with the document, 1. BY CONVEYING, SELLING,
with the documents and ENCUMBERING, OR MORTGAGING ANY
and REAL PROPERTY, PRETENDING TO BE
Intent to defraud Intent to defraud is THE OWNER OF THE SAME
not required
ELEMENTS: (INER) (4)
COMPLEX CRIME OF EST_AFA AND THEFT a. That the thing be Immovable, such as a
parcel of land or a building;
It is committed when theft is employed as a b. That the offender, who is Not the owner
necessary means to commit estafa. (People vs. of said property, Represented that he is
Yusay, 60 Phil. 598) the owner thereof;
c. That the offender should have_executed
Illustration: A owns pawnshop tickets which he an act of ownership (selling, leasing,
entrusted to B for safekeeping. A forgot about the encumbering or mortgaging the real
incident and a week later, C took the ticket from B property); and
and refused to return it despite insistent demands d. That the act be made to the prejudice of
made by B. Then C redeemed jewels using the the owner or a third person.
ticket without knowledge and consent of A and B.
C committed theft, as a necessary means to NOTE: Claim of ownership is different from
commit estafa — C took the ticket with intent to gain pretense of ownership: the former cannot be
and without the consent of either A or B; C then said to have pretended to be the owner even if
used a fictitious name to redeem the jewels, his claim is defective, hence, not liable under
thereby committing estafa. this article.
NOTES: DISTINGUISHED FROM ESTAFA BY

• Damage caused without deceit or without FALSELY PRETENDING TO POSSESS
abuse of confidence gives rise only to civil PROPERTY
liability.
• Ownership is not a necessary element of 2. BY DISPOSING OF REAL PROPERTY AS
Estafa. In a case where A handed a check FREE FROM ENCUMBRANCE, ALTHOUGH
signed by his father to B for the purpose of SUCH ENCUMBRANCE BE NOT
exchanging such peso amount stated in the RECORDED
check to dollars and B subsequently runs away
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ELEMENTS: (REFD)(4 ) DISTINGUISHED FROM FRAUDULENT

a. That the thing disposed of be Real INOLVENCY
property; ESTAFA ' BY FRAUDULENT
b. That the offender knew that the real EXECUTING ANY INSOLVENCY (ART.
property was Encumbered, whether the FICTITIOUS 314)
encumbrance is recorded or not; CONTRACT
c. That there rhust be express (ART. 316, PAR. 4)
representation by the offender that the Offender' simulates a The conveyance is
real property, is Eree from conveyance of his real and made for a
enciumbrance; and property. consideration.
d. That thp act of disposing of the real
property be made to the Qamage of
5. BY ACCEPTING ANY COMPENSATION
another.
FOR SERVICES NOT RENDERED
NOTES:
This crime requires fraud: otherwise, solutio
• The encumbrance must be legally indebiti results for which a civil obligation
constituted, notwithstanding the provision
arises.
"although such encumbrance be not
recorded".
If the money in payment of a debt and
• The offended party must have been delivered to a wrong person and said person
deceivesd, i.,e., he would not have granted refused or failed to return the money to the
the loan had he known that the property owner thereafter, it is estafa by denial of
was•already encumbered. receipt of money, under Art. 315, 1(b).
• If personal property is involved, apply Art.
319. 6. BY SELLING OR MORTGAGING OR
ENCUMBERING REAL PROPERTY OR
3. BY WRONGFULLY TAKING BY THE PROPERTIES WITH WHICH THE
OWNER OF HIS PERSONAL PROPERTY OFFENDER GUARANTEED THE
FROM ITS LAWFUL POSSESSOR FULFILMENT OF HIS OBLIGATION AS
SURETY
ELEMENTS:
a. That the offender is the owner of personal ELEMENTS:
property;, 1. That the offender is a surety in a bond
b. That said personal property is in the lawful given in a criminal or civil action;
possession of another; 2. That he,guaranteed the fulfillment of such
c. That the offender wrongfully takes it from obligation with his real property or
its lawful possessor; and properties;
d. That prejudice is thereby caused to the 3. That he sells, mortgages, or, in any
possessor or third person. other manner encumbers said real
property;
NOTES: 4. That such sale, mortgage or encumbrance
• The act is punishable as theft when the is
owner of a property took it without the a. without express authority from the
consent of the lawful possessor, then court, or
charged the possessor with the value of the b. made before the cancellation of his
property because there is intent to gain. bond, or
"Wrongful taking" does not include c. before being relieved from the
violence: obligation contracted by him.
i. With intent to gain — robbery; or
Withotit intent to _gain — grave
coercion.
4. BY EXECUTING A FICTITIOUS CONTRACT

TO THE PREJUDICE OF ANOTHER
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ART. 317. SWINDLING A MINOR at the time of the execution of the

mortgage;
ELEMENTS: 4. That the removal is permanent; and
1. That the offender takes advantage of the 5. That there is no written consent of the
inexperience or emotions or feelings of a • mortgagee or his executors, administrator
minor; or assignees to such removal.
2. That he induces such minor
a. to assume an obligation, or 2. SELLING OR PLEDGING PERSONAL
b. to give release, or PROPERTY ALREADY PLEDGED
c. to execute a transfer of any property right;
3. That the consideration is ELEMENTS: (3)
a. some loan of money, 1. That personal property is already pledged
b. credit or under the terms of the Chattel Mortgage
c. other personal property; and Law;
4. That the transaction is to the detriment of such 2. That the offender, who is the mortgagor of
minor. such property, sells or pledges the same
or any part thereof; and
NOTES: 3. That there is no consent of the mortgagee
• It is sufficient that the offender takes advantage written on the back of the mortgage and
of the inexperience or emotions of the minor. notes on the record thereof in the office of
• Actual proof of deceit or misrepresentation is the register of deeds
not necessary.
• Real property is not included. NOTES on "knowingly removing mortgaged
personal property":
ART. 318. OTHER DECEITS 1. The offender need not be the mortgagor; it
may be "any person".
PUNISHABLE ACTS 2. Purpose is to protect mortgagee who should
1. By defrauding or damaging another by any be able to have a ready access to, and easy
other deceit not mentioned in preceding reach of the property subject of mortgage.
articles; and 3. Chattel mortgage must be registered.
2. By interpreting dreams, making forecasts, 4. Removal must be coupled with intent to
fortune-telling, or by taking advantage of the defraud.
credulity of the public in any other similar 5. Filing a civil action for collection instead for
manner for profit or gain. foreclosure of chattel mortgage relieves the
accused of criminal responsibility.
NOTE: Damage to the offended party is required.
NOTE on "selling or pledging personal
SCOPE— any other kind of conceivable deceit may property already pledged"
fall under this article.
CHAPTER 7: CHATTEL MORTGAGE Damage to mortgagee is not essential. If damage
accrues, it may give rise to estafa by means of
deceit.
ART. 319. REMOVAL, SALE OR PLEDGE
OF MORTGAGED PROPERTY
PUNISHABLE ACTS (2 acts)

1. KNOWINGLY REMOVING MORTGAGED
PERSONAL PROPERTY
ELEMENTS (5 elements):
1. That personal property is mortgaged
under the Chattel Mortgage Law;
2. That the offender knows that such
property is so mortgaged;
3. That he removes such mortgaged
personal property to any province or city
other than the one in which it was located
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DISTINGUISHED FROM ESTAFA BY

DISPOSIN,G OF ENCUMBERED PROPERTY
ART. 316
SELLING OR ESTAFA BY
PLEDGING DISPOSING OF
PERSONAL ENCUMBERED
PROPERTY PROPERTY
ALREADY
PLEDGED (ART.
319, PAR. 2)
Both involve the selling of mortgaged property
Personal prope4 is Rea) property is
involved (except if involved
house is SUbject to
chattel mortgage);
Committed by ' the It is sufficient that the
mere failure to obtain real property
the consent of the mortgaged be sold as
mortgagee in writing, free, even though the
even if the offender vendor may have
should inform the obtained the consent
purchaser that the of the mortgagee in
thing soid is writing;
mortgaged
Consent of mortgagee Consent of mortgaged
is material; knowledge is immaterial; and
as to encumbrance is
not; and
Purpose is to protect Purpose is to protect
the mortgagee. the purchaser.
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Penalties for Estafa

Form of Estafa Penalty
Estafa under Art. 315 1st. The penalty of prisiOn correccional in its maximum period to prisiOn mayor
in its minimum period, if the amount of the fraud is over Two million four
hundred thousand pesos (P2,400,000) but does not exceed Four million four
hundred thousand pesos (P4,400,000), and if such amount exceeds the latter
sum, the penalty provided in this paragraph shall be imposed in its maximum
period, adding one year for each additional Two million pesos (P2,000,00);
but the total penalty which may be imposed shall not exceed twenty years. In
such cases, and inconnection with the accessory penalties which may be
imposed and for the purpose of the other provisions of this Code, the penalty
shall be termed prisiOn mayor or reclusiOn temporal, as the case may be.
2nd. The penalty of prisiOn correccional in its minimum and medium periods,
if the amount of the fraud is over One million two hundred thousand pesos
(P1,200,000) but does not exceed Two million four hundred thousand pesos
(P2,400,000).
3rd. The penalty of arresto mayor in its maximum period to prision

correccional in its minimum period, if such amount is over Forty thousand
pesos (P40,000) but does not exceed One million two hundred thousand
pesos (P1,200,000); and
4th. By arresto mayor in its medium and maximum periods, if such amount
does not exceed Forty thousand pesos (P40,000)
Estafa under Art. 315 1st. The penalty of reclusion temporal in its maximum, if the amount of fraud
using false pretenses is over Four million four hundred thousand pesos (P4,400,000) but does not
exceed Eight million eight hundred thousand pesos (P8,800,000). If the
amount exceeds the latter, the penalty shall be reclusion perpetua.
2nd. The penalty of reclusiOn temporal in its minimum and medium periods,
if the amount of fraud is over Two million four hundred thousand (P2,400,000)
but does not exceed Four million four hundred thousand pesos (P4,400,000).
3rd. The penalty of prisi6n mayor in its maximum period, if the amount of
fraud is over One million two hundred thousand pesos (P1,200,000) but does
not exceed Two million four hundred thousand pesos (P2,400,00).
4th. The penalty of prisiOn mayor in its medium period, if such amount is over
Forty thousand pesos (P40,000) but does not exceed One million two
hundred thousand pesos (P1,200,000).
5th. By prision mayor in its minimum period, if such amount does not exceed
Forty thousand pesos (P40,000)
Estafa under Art. 316 arresto mayor in its minimum and medium periods and a fine of not less than
the value of the damage caused and not more than three times such value
Swindling a minor Arresto mayor and a fine of a sum ranging from 10 to 50 per cent of the value
of the obligation contracted by the minor
Estafa under Art. 318 Arresto mayor or a fine not exceeding P40,000
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CHAPTER 8: ARSON AND OTHER CRIMES THREE (3) STAGES

INVOLVING DESTRUCTION 1, Attempted: offender commences the
commission of the crime directly by overt acts
ARSON is the malicious destruction of property by but he does not perform all acts of execution
fire. (i.e., was not able to light fire) due to timely
intervention of another. It is not necessary that
THREE CATEGORIES OF THE CRIME OF there be a fire (e.g., placing rags soaked in
ARSON gasoline beside the wooden wall of building).
A. Destructive Arson (Art. 320, as amended by
R.A. 7659); 2. Frustrated: offender was able to light or set
B. Simple Arson (Sec. 1, RD. 1613); and fire to the item or building, but the fire was put
C. Other cases of arson (Sec. 3, P.D. 1613). out before any part of it was burned.
ART. 320. DESTRUCTIVE ARSON (AS 3. Consummated: offender was able to light a
AMENDED BY R.A 7659) fire and to burn at least a part of building (e.g.,
charring of the wood whereby the fiber of the
PUNISHABLE ACTS/PERSONS LIABLE: wood is destroyed);
The penalty of reclusion perpetua to death shall be
imposed upon: EXCEPT when the contents of a building was set
1. Any person who shell, burn (7-acts) on fire, no part of the building need be burned.
a. One or more buildings or edifices,
consequent to one single act or GUIDELINES WHEN DEATH OCCURS ON THE
simultaneous acts of burning; OCCAWN OF ARSON:
b. Building of public or private ownership 1. If the intent was to burn the building, but death
generally open to public or where people results on the occasion or by reason of burning
usually gather or congregate for a, the building, ARSON is committed.
purpose, regardless of whether the 2. If there is intent to kill a particular person, and
offender had knowledge that there are he resorted to arson or fire as a means of
persons present or whether building is accomplishing the desired death of the victim
inhabited or not; — only MURDER is committed. Article 248
c. Train or locomotive, ship or vessel, airship includes as a qualifying circumstance the use
or airplane, for transportation or of fire.
conveyance, public use, leisure or 3. If the objective is to kill a particular person, and
entertainment; in fact, the offender had killed the victim, and
d. Building, factory, vvarehouse and any fire is resorted to as a means to cover the
appurtenance thereto for service of public killing, there are two separate crimes
utilities; committed — MURDER and ARSON.
e. Any building to conceal/destroy 4. If homicide, murder, arson is committed for the
incriminatory evidence, conceal purpose of obtaining widespread panic for the
bankruptcy, defraud creditors, or collect purpose of giving in to an unlawful demand,
from insurance; under the HUMAN SECURITY ACT, arson is
f. Arsenal, military storehouse or powder only a predicate crime. (People v. Malngan,
factory and the like, archives or general GR No. 170470, Sept. 26, 2006)
museum of the Government; and
g. Any•factory/storehouse of inflammable or Note: There is no complex crime of Arson with
explosive materials, in an uninhabited (Multiple) Homicide.
place;
Destructive Arson Simple Arson (PD
2. Two (2) or more persons or a group of persons (ART 320) 1613)
a. Irrespective of the abovementioned Contemplates the Contemplates the
qualifying circumstances, and malicious burning of malicious burning of
b. Regardless of whether the purpose is structures, both public public and private
merely, to burn or destroy or as an overt act and private, hotels, structures, regardless
to commit another violation of law. buildings, edifices, of size, not in included
trains, vessels, in ART 320. These
aircraft, factories arid Include houses,
other military, dwellings, government
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government, or buildings, farms, mills, ART. 328. SPECIAL CASES OF

commercial plantations, railways, MALICIOUS MISCHIEF
establishments by any bus stations, airports,
person or group of wharves, and other QUALIFIED MALICIOUS MISCHIEF (3):
persons. industrial 1. Causing damage to obstruct performance of
establishments. public functions;
2. Using poisonous or corrosive substance;
3. Spreading infection or contagion among cattle;
PLEASE SEE SPL REVIEWER ON and
P.D. 1613, ANTI-ARSON LAW 4. Damage to property of National Museum or
National Libraty, or to any archive or registry,
P.D. 1613 expressly repealed or waterworks, road, promenade, or any other
amended Arts. 320-326(B); P.D. 1744 thing used in common by the public.
then revived Art. 320; R.A. 7659
amended the provisions of Art. 320; the QUALIFIED MALICIOUS MISCHIEF
r.,rnxticinno r..f D (-1 1 A1 knnnriciettmenf DISTINGUISHED FROM SEDITION
Although both involve the intent to obstruct the
CHAPTER 9: MALICIOUS MISCHIEF performance of public functions, the element of
public and tumultuous uprising is not present in this
MALICIOUS MISCHIEF is the willful damaging of article.
another's property for the sake of causing damage
due to hate, revenge, or other evil motive. ART. 329. OTHER MISCHIEFS
ART. 327. WHO ARE LIABLE FOR BASIS OF PENALTY

MALICIOUS MISCHIEF Mischiefs not included in Art. 328 are punished
according to the value of the damage caused. Even
ELEMENTS OF MALICIOUS MISCHIEF (3) if the amount cannot be estimated, the penalty of
1. That the offender deliberately caused damage arresto menor or fine not exceeding P200 is fixed
to the property of another; bylaw.
2. That such act does not constitute arson or other
crimes involving destruction; and Examples: Scattering human excrement in public
3. That the act of damaging another's property be building, killing of cow as an act of revenge (value
committed merely for the sake of damaging it. of damage cannot be estimated); and a servant
who released bird from cage as act of hate against
NOTES: owner (value of the bird as basis).
• Third element, presupposes hate, revenge, or
other evil motive of the offender or the mere ART. 330. DAMAGE AND OBSTRUCTION
pleasure of destroying. TO MEANS OF COMMUNICATION
• Damage includes not only loss but also
diminution (e.g. defacing another's house). NOTES:
• If there's no malice, as when damage resulted • It is committed by damaging any railway,
from a crime or only incidental to the telegraph, or telephone lines.
commission of another crime, there's only civil a. telegraph or telephone lines must pertain
liability. to a railway system..
• Intent to gain by removing or making use of the • Any derailment of cars, collision, or other
fruits or objects after damaging the property accident which was a result of the damage
makes it theft (Art 308 par. 2). done shall cause for a higher imposable
penalty.
• The object is to merely cause damage; as
opposed to Crimes involving Destruction (Art.
324), where the object is to cause destruction.
• When person or persons are killed:
a. If there is no intent to kill, it is the
complexed crime of damage to means of
communication with homicide (in relation
to Art. 48); and
b. If there is intent to kill, and damaging the
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railways was used to accomplish the J. CRIMES AGAINST CHASTITY

criminal purpose, it is murder.
CHAPTER 1: ADULTERY AND CONCUBINAGE
ART. 331. DESTROYING OR DAMAGING
STATUES, PUBLIC MONUMENTS, OR ART. 333. WHO ARE GUILTY OF
PAINTINGS ADULTERY
PUNISHABLE ACTS
A. Destroy or Damage statues or any other useful Definitio Adultery is committed by any
or ornamental public monument; and married women who shall have
B. Destroy or damage any useful or ornamental sexual intercourse with a man not
painting of a public nature. her husband; and by the man who
has carnal knowledge of her,
CHAPTER 10: EXEMPTIONS FROM CRIMINAL knowing her to be married, even if
LIABILITY IN CRIMES AGAINST PROPERTY the marriage be subsequently void.
Elements
ART. 332. PERSONS EXEMPT FROM
CRIMINAL LIABILITY
,
Penalty Prison Correctional in medium and

NOTES: maximum periods
A. CRIMES INVOLVED IN THE EXEMPTION
1. Theft,
2. Swindling (estafa), and ELEMENTS (3)
3. Malicious mischief. 1. That the woman is married (even jf marriage is
subsequently declared void);
B. PERSONS EXEMPTED 2. That she has sexual intercourse with a man not
1. Spouses, ascendants and descendants, or her husband; and
relatives by affinity jn,the same line. 3. That as regards the man with whom she has
2. The widowed spouse with respect to the sexual intercourse, he must know her to be
property which belonged to the deceased married.
spouse before the same passed into the
possession of another. Persons Liable:
3. Brothers and sisters and brothers- in-law and 1. Married woman who engages in sexual
sisters-in-law, if living together at the time of intercourse with a man not her husband; and
the commission of the crime 2. The man who, knowing of the marriage of the
4. Stepfather/mother, adoipted father/ mother, woman, has sexual intercourse with her.
natural children, common-law spouse,
concubine, paramour included. -NOTES:
• Carnal knowledge may be proved by
NOTES: circumstantial evidence.
Does not apply to strangers participating in the • Each sexual intercourse constitutes a separate
commission of the crime. crime of adultery.
Applies to common-law spouses. • No crime of frustrated adultery.
Does not apply to robbery or estafa through • It is not a continuing offense. Any act of
falsification. infidelity subsequent to condonation
There is only_civil liability. constitutes a new offense that is subject to
PLEASE SEE SPL REVIEWER, R.A. criminal prosecution.
• The offended party must be legally married- to
6539. ANTI-CARNAPPING ACT OF the offender at the time of filing the complaint.
PLEASE SEE SPL REVIEWER ON • But even if subsequently declared void,
(R.A. 9372)HUMAN SECURITY ACT there's still adultery when the adulterous
OF 2007, PARTIUCULARLY act is committed before the marriage is
PUNISHABLE ACTS OF judicially declared null and void in a final
TCPRnRICM judgment.
• Acquittal of one defendant does not operate as
acquittal of the other.
• Death of the offended party will not terminate
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the proceedings. However, if they die before a married.

complaint is filed, then the case cannot go on. 4. The death of the woman during the pendency
of the action cannot defeat the trial and convict
MITIGATING CIRCUMSTANCES IN the man. (U.S. v. De la Torre and Gregorio, 25
ADULTERY Phil. 36)
• Adultery is mitigated if the adulterous wife was 5. Even if the man had left the country and could
abandoned without justification by his spouse. not be apprehended, the woman can be tried
Both the wife and her paramour are and convicted. (U.S. v. Topitio and Guzman,
entitled to this mitigating circumstance. 35PhiL 901)
(People v. Avelino, C.A., 40 0.G., Supp.
11, 194) ART. 334. CONCUBINAGE
• Sheer necessity, as when a woman was left
helpless by her husband (although justified for Definitio Any husband who shall keep a
it was in response to a duty) and in such a great mistress in the conjugal dwelling, or
need that she found herself in the predicament shall have sexual intercourse under
of committing adultery for the sake of her scandalous circumstances, with a
children, mitigates her liability. (People v. woman who is not his wife, or shall
Alberto, etal., C.A., 470G. 2438) cohabit with her in any other place.
PARDON BY THE OFFENDED PARTY Elements
• Express/ implied pardon bars prosecution for
adultery.
• Sexual intercourse with the offending spouse Penalty 1. Prison correctional in its
subsequent to the adulterous conduct minimum and medium periods
constitutes an implied pardon. 2. Concubine shall suffer penalty
of destierro
REQUIREMENTS FOR PARDON TO BE
EFFECTIVE (ART. 344): ELEMENTS (3)
1. The pardon must come before the institution of 1. The man must be married (even if the marriage
the criminal prosecution; and may be subsequently declared void);
2. Both offenders must be pardoned by offended 2. That he committed any of the following acts:
party. a. Keeping a mistress in the conjugal
dwelling,
CONSENT IS A CAUSE FOR DISMISSAL OF b. Having sexual intercourse under
COMPLAINT scandalous circumstances with a woman
Prior consent is as effective as subsequent who is not his wife,
consent to bar the offended party from c. Cohabiting with her in any other place;
prosecuting the offense. 3. That as regards the woman, she must know
When consent is given, whether expressed or him to be married.
implied, husband can no longer institute the
criminal complaint. Persons liable:
1. The married man; and
WHEN IS THERE CONSENT? 2. The woman who knew that the man was
1. When the husband does not interfere with his married.
wife's adulterous relationship or has failed to
assert his rights. DEFINITION OF TERMS
2. When the spouses sign an agreement that 1. CONJUGAL DWELLING means the home of
they may get any mate and live as husband the husband and wife even if the wife happens
and wife without any interference. to be temporarily absent on any account.
2. SCANDAL consists in any reprehensible word
Acquittal of one of the defendant does not or deed that offends public conscience,
automatically acquit the other: redounds to the detriment of the feelings of
1. There may not be a joint criminal intent honest persons, and gives occasion to the
although there is a joint physical act. neighbors' spiritual damage and ruin.
2. One of the parties may be insane and the other 3. COHABIT means to dwell together, in the
is sane. manner of husband and wife, for some period
3. The man may not know that the woman is
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of time, as distinguished from occasional, design is necessarily a mental process the

transient interviews for unlawful intercourse. existence of which can be inferred by overt acts
4. MISTRESS It is necessary that the woman is carrying out such intention. The presence or
taken by the accused into the conjugal dwelling absence,of lewd designs is inferred from the nature
as a concubine. of the acts themselves and the environmental
circumstances. (People v Soria, GR Noo 179031,
NOTES: NoverrAer 14, 2012)
• People-ip,the vicinity are the best witnesses to
prove scandalous circumstances. Definition of "Lascivious Conduct" (in relation
• Adultery is :more severely punished than to RA 7610, Section 5) — A crime committed
concubinage. Unlike adultery, concubinage is through the intentional touching, either directly or
a continuing crime. through the clothing of the genitalia, anus, groin,
b_reast, inner thigh, or buttocks with the intention to
ART. 335. WHEN AND HOW RAPE IS abuse, humiliate, harass, degrade, or arouse or
COMMITTED gratify the sexual desire of any person, among
others.
NOTES: Art. 335 has been repealed by
R.A. No. 8353 (Anti-Rape Law of 1997). NO ATTEMPTED OR FRUSTRATED ACTS
OF LASCIVIOUSNESS
CHAPTER 2: RAPE AND ACTS OF
LASCIVIOUSNESS ACTS- OF UNJUST
LASCIVIOUSNESS VEXATION
ART. 336. ACTS OF LASCIVIOUSNESS There is lewd design The element of lewd
which may be inferred design is not present.
from the circumstances e.g. the alleged
Definitio Any person who shall commit any- surrounding the lascivious act was a
n act of lusciousness upon other commission of the mere incident of the
person of either sex, under any of crime such as the embrace or the act
the circumstances mention in the place, time, other was just
preceding article people's presence and committed merely to
the acts complained of. satisfy a silly whim.
Elements
_ ACTS OF ATTEMPTED RAPE

Penalty Prison correctional LASCIVIOUSNESS
Offender's lascivious Acts performed by
ELEMENTS: acts do not indicate offender clearly
1. That the offender commits any act of intent to have sexual indicate that his
lasciviousness or lewdness; intercourse. purpose was to lie
2. That the act of lasciviousness is committed with the offended
against a person of either sex; and party.
3. That it is done under any of the following The lascivious acts The lascivious
circumstances: are the final objective acts are but
a. by using force or intimidation, or sought by the preparatory acts
b. when the offended party is deprived of offender. to the commission
reason or otherwise unconscious, or of rape.
c. by means of fraudulent machination or Manner of commission is the same.
grave abuse of authority, or The Oeriormance of lascivious character is
d. when the offended party is under 12 years common to both.
of age or is demented.
Offended party is a person of either sex.
LEWD - is defined as obscene, lustful indecent or
lecherous. It signifies the form of immorality which
has relation to• moral impurity; or that which is
carried on a wanton manner.
That an accused is entertaining a lewd or unchaste
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remove her lower apparel constitutes an act of

ACTS OF GRAVE lasciviousness under Article 336 of the
LASCIVIOUSNESS COERCION Revised Penal Code, and not rape. (People v.
The compulsion is The compulsion is the Aquino, G.R. No. 139181, October 27, 2003)
included in the very act constituting
constructive element the offense of grave CHAPTER 3: SEDUCTION, CORRUPTION OF
of force. some actual coercion or indecent MINORS AND WHITE SLAVE TRADE
act of proposal made
lasciviousness should earnestly & SEDUCTION - Enticing a woman to unlawful
have been executed. persistently is sexual intercourse by promise of marriage or by
sufficient. other means of persuasion without the use of force.
ACTS OF ABUSES ART. 337. QUALIFIED SEDUCTION

LASCIVIOUSNESS AGAINST
CHASTITY TWO CLASSES OF QUALIFIED
(ART. 246) SEDUCTION:
The offender is, in a The offender is a 1. Seduction of a virgin over 12 and under 18
public officer. years of age by certain persons, such as a
majority of
person in authority, priest, teacher, etc.; and
cases, a private 2. Seduction of a sister by her brother, or
individual. seduction of a descendant by her ascendant,
It is necessary that A mere immoral regardless of her age or reputation (Incestuous
Seduction).
1. CASES ON ACTS OF LASCIVIOUSNESS In
the absence of convincing proof that the penis ELEMENTS OF QUALIFIED SEDUCTION OF A
had slid into the female organ, rape was not VIRGIN (4, VASA):
committed.Where the victim merely stated that 1. That the offended party is a virgin, which is
she was carried around the sale with presumed if she is unmarried and of good
appellant's penis "touching" her vagina, it reputation;
would not be right to conclude that the act of 2. That she must be over 12 and under 18 years
the penis "touching" the vagina was an entry of age;
or penetration, even slightly, of the labia 3. That the offender has sexual intercourse with
majora or the labia minora of the pudendum. her; and
The appellant is guilty of acts of lasciviousness 4. That there is abuse of authority, confidence or
and not rape. (People v. Palma, G.R. No. relationship on the part of the offender.
148869-74, December 11, 2003)
2. The appellant's act of directing Analyn to
ABUSE OF AUTHORITY ABUSE OF CONFIDENCE ABUSE OF

RELATIONSHIP
1. Public authority; 1. Priest; 1. Brother who seduced
2. Guardian; 2. House; or servant his sister; or
3. Teacher; or 3. Domestic. 2. Ascendant who seduced
4. Person who in any capacity (Domestic is any person living his descendant
is entrusted with the in the same roof, may be (The relationship must be by
education or custody of the temporary or permanent, as consanguinity but need not
woman seduced. long as in the same house.) be legitimate.)
PERSONS LIABLE • Penalty for qualified seduction of a sister or

NOTES: descendant is higher than qualified seduction of a
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virgin. ART. 339. ACTS OF LASCIVIOUSNESS WITH THE

Deceit is not an element of qualified seduction but CONSENT OF THE OFFENDED PARTY
it is an element of simple seduction.
In Abuse of Confidence, acts are punished ELEMENTS:
because of the character of the person committing 1. That the offender commits acts of
the same, and excess of power or abuse of lasciviousness or lewdness;
confidence. 2. That the acts are committed upon a woman who
A virgin is a virtuous woman of good reputation. is a virgin or single or a widow of good
The offended party need not be virgin in the case reputation, under 18 years of age but over 12
of incestuous seduction. years, or a sister or descendant regardless of
Accused charged with rape cannot be convicted of her reputation or age; and
qualified seduction under the same information 3. That the offender accomplishes the acts by abuse
If any of the circumstances in the crime of rape is of apthority, confidence, relationship, or
present, thencrime is not to be punished under this deceit.
article.
If no sexual intercourse, the crime would only be NOTES;
acts of lasciviousness. A male cannot be the offended party.
it is necessary that the crime be committed under
ART. 338. SIMPLE SEDUCTION circumstances which would make it qualified or
simple seduction had there, been sexual
ELEMENTS: intercourse.
1. That the offended party is over 12 & under 18 y/o; Consent is obtained by abuse of authority,
2. That she must be of good reputation, single or confidence, or relationship, or by means of deceit.
widow;
3. That the offender has sexual intercourse with her; ACTS OF ACTS OF
and LASCIVIOUSNESS LASCIVIOUSNESS
4. That it is committed by means of deceit. WITH CONSENT OF (ART. 336)
OFFENDED,PARTY
NOTES: (ART. 339)
Virginity of the victim is not required.
Deceit generally takes the form of an unfulfilled
promise to marry.
Acts are committed Acts are committed
There is no continuing offense of seduction.
under circumstances under circumstances
If there is no sexual intercourse, the crime
committed is only acts of lasciviousness. which, had there been which, had there
The man may be willing an ready to marry the girl carnal knowledge, been carnal
would amount to either knowledge, would
but simple seduction is still committed when the
man knows that the offended party cannot legally qualified or simple amount to rape.
seduction.
consent to marriage because of her minority.
*There may be
THE FOLLOWING DO NOT CONSTITUTE DECEIT: consent, but there is
• Promise of material things. abuse of authority,
Promise of marriage by a married man, whom the relationship,
victim knew to he married. confidence, or
Promise of marriage after sexual intercourse. deceit.
ART. 340. CORRUPTION OF MINORS
NOTES:
The act punishable is the promotion or facilitating
the prostitution or corruption of persons under age
(under 18) to satisfy the lust of another.
A mere proposal will consummate the offense. It
is not necessary that the unchaste acts shall have
been done to the minor.
Victim must be of good reputation, not a prostitute
or a corrupted person.
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NOTES:
PLEASE SEE SPL REVIEWER ON RA If child is under 12 years, the crime is forcible
7610, PARTICULARLY ON CHILD abduction even if she voluntarily goes with her
TRAFFICKING, CHILD PROSTITUTION abductor.
Taking away must be against the will of the
AND PERSONS LIABLE FOR
woman. This may be accomplished by means of
COMMITTING CHILD PROSTITUTION
deceit first and then by means of violence and
intimidation.
ART. 341. WHITE SLAVE TRADE Actual intercourse is not necessary. Lewd designs
may be shown by conduct of the accused. Intent
ACTS PENALIZED: to seduce the girl is sufficient. Lewd design is
1. Engaging in the business of prostitution; present in a hurried marriage ceremony by force
2. Profiting by prostitution; and where the marriage is merely an artifice by which
3. Enlisting the service of women for the purpose of the accused sought to escape the criminal
prostitution. consequences of his acts.
The husband may not be held liable for the
NOTES: abduction of his wife as lewd design is wanting.
One of those above-mentioned acts is sufficient to If there are several defendants, it is enough that
constitute the offense. one of them had lewd designs and the others
Habituality is not a necessary element of this crime. knew about it.
Offender need not be owner of house and need not Nature of crime: against liberty, honor and
be present at time of raid; it suffices that he reputation, and public order.
maintains or engages in business. There must be only one complex crime of forcible
"Under any pretext" — if the real purpose is abduction with rape. Subsequent rapes
prostitution, it does not matter if one engages the committed should be considered independent of
services of a woman ostensibly as maid, for the abduction.
example. Conviction for Acts of Lasciviousness is not a bar
to conviction for forcible abduction.
CHAPTER 4: ABDUCTION
FORCIBLE ABDUCTION V. GRAVE
ABDUCTION - The taking away of a woman from her COERCION V. KIDNAPPING
house or the place where she may be for the purpose 1. Presence of lewd design makes it forcible
of carrying her to another place, with the intent to many abduction.
or to corrupt her. 2. When there is no lewd design, it is coercion,
provided that there is no deprivation of liberty.
ART. 342. FORCIBLE ABDUCTION 3. The crime is kidnapping and serious illegal
detention if there was deprivation of liberty with no
Definition Abduction of any woman against her lewd design.
4. If there was violent taking of the woman motivated
will and with lewd designs.
by lewd design and the victim was raped, the crime
Elements committed is forcible abduction with rape instead
of kidnapping with rape. Attempt to rape is
absorbed in the crime of forcible abduction.
Penalty Reclusion temporal
DISTINGUISH FORCIBLE ABDUCTION FROM
CORRUPTION OF MINORS
ELEMENTS: (3) 1. If the minor was abducted by the accused with
1. That the person abducted is any woman, lewd design on his part, he is liable for forcible
regardless of her age, civil status, or reputation; abduction.
2. That the abduction is against her will; and 2. If the purpose of abduction is to lend her to illicit
S. That the abduction is with lewd designs. intercourse with others, the crime is corruption of
minors.
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DISTINGUISHED FORCIB/LE ABDUCTION CHAPTER 5: PROVISIONS RELATIVE TO THE

FROM RAPE PRECEDIN9 CHAPTER OF TITLE ELEVEN
1. If there was abduction but the resistance of the
woman to the alleged rape was not tenacious, the ART. 344. PROSECUTION OF ADULTERY,
accused would be guilty only of abduction. CONCUBINAGE, SEDUCTION, ABDUCTION,
2. Rape may absorb forcible abduction if the main AND ACTS OF LASCIVIOUSNESS
objective was to rape the victim.
1. Adultery and concubinage must be prosecuted
CASE ON FORCIBLE AspucTipN upon complaint signed by the offended
1. The Court has previously ruled that if the victim's spouse.
consent was obtained through deceit and there was 2. Seduction, abduction, or acts of lasciviousness
therefore no valid, consent, the crime is forcible must be prosecuted upon complaint signed by
abduction, as the deceit may be considered as a. offended party,
constructive„force. The second element lewd design. b. by her parents,
was established by the actual rapes. (People v. c. grandparents, or
Caraang, G.R. No. 148424, 27, December 11, 2003) d. legal guardians.
* In the order in which they are named above.
AGE AND REPUTATION OF THE VICTIM IS NOT
NECESSARY IN: EFFECT OF MARRIAGE
1. RePe; GENERAL RULE: Marriage in good faith of the
2. Acts of lasciviousness against the will or without offender with the offended party extinguishes the
the consent of the offended party; criminal action or remits the penalty already
3. Qualified seduction of sister or descendant; and imposed upon him. This applies as well to
4. Forcible. Abduction. accomplices and accessories-after-the- fact.
EXCEPTION: In case of rape, marriage
ART. 3.4,3. CONSENTED ABDUCTION extinguishes the criminal action only against the
principal but not to the accomplices and
ELEMENTS: accessories. This rule also does not apply to
1. That the Offended party must be a virgin (not parties guilty of concubinage and adultery.
necessarily in a material sense since the term
includes virtuous women of good reputation); NOTES:
2. That she must be over 12 and under 18 years of Rape is now a crime against persons, and thus,
age; may be prosecuted de oficio or upon complaint of
3. That the taking away of the offended party must be any person.
With her consent, after solicitation or cajolery from In adultery and concubinage, both offenders must
the offender; and be included in the complaint, even if only one is
4. That the taking away of the offended party must be guilty.
with lewd.designs. When the offended party is of age and is in
complete possession of her mental and physical
NOTES: faculties, she alone can file the complaint (applies
If the virgin is under 12 years of age, the crime to crimes against chastity). Complaint must be
committed is forcible abduction, even if the girl filed in court and not in the fiscal.
consented to the elopement.
The abduction of the victim need not be with some PARDON IN CRIMES AGAINST CHASTITY
character of permanence. Express or implied pardon by the offended party
Victim need not be taken from her house. It is is a bar to prosecution for adultery or
sufficient that the abductor was instrumental to her concubinage. However, pardon must extend to
escape. both offenders and must come before the
Requires solicitation or cajolery. institution of the criminal action.
There can be consented abduction with rape. Exbress pardon by the offended party or other
persons named in the law, as the case may he, is
a bar to prosecution for seduction, abduction,
rape or acts of lasciviousness. Pardon in
seduction must also come before the institution of
criminal action.
PARDON BY PARENTS, GRANDPARENTS OR

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GUARDIAN MUST BE ACCOMPANIED BY THE ART. 346. LIABILITY OF ASCENDANTS,

EXPRESS PARDON OF THE GIRL HERSELF GUARDIANS, TEACHERS, OR OTHER PERSONS
- Pardon must be granted directly by the offended party ENTRUSTED WITH CUSTODY OF OFFENDED
and it is only when she is dead or otherwise PARTY
incapacitated to grant it, that her parents, grandparents
or guardian may do so for her. (U.S. v. Luna, 1 Phil. PERSONS WHO COOPERATE AS
360) ACCOMPLICES BUT ARE PUNISHED AS
PRINCIPALS IN RAPE, SEDUCTION,
ART. 345. CIVIL LIABILITY OF PERSONS ABDUCTION, ETC:
GUILTY OF CRIMES AGAINST CHASTITY. 1. Ascendants;
2. Guardians;
PERSON GUILTY OF RAPE, SEDUCTION OR 3. Curators;
ABDUCTION, SHALL ALSO BE SENTENCED: 4. Teachers; and
1. To indemnify the offended woman; 5. Any other person, who cooperates as accomplice
2. To acknowledge the offspring, unless the law with abuse of authority or confidential relationship.
should prevent him from so doing; and
3. In every case to support the offspring. OTHER INSTANCE WHEN ACCOMPLICE IS
PUNISHED AS PRINCIPAL:
NOTES: Slight illegal detentionphysical or mental
The adulterer and concubine in the case disability or condition or of protecting herself
provided for in Articles 333 and 334 may also be from abuse. (People v. Abe/Jo, G.R. No. 151952,
sentenced, in the same proceeding or in a separate March 25, 2009)
civil proceeding, to indemnify for damages caused
to the offended spouse. Under Section 5(b), Article III of R.A. 7610 in
• There is no civil liability for Acts of Lasciviousness. relation to R.A. 8353, if the victim of sexual
• Moral damages may be awarded to the offended abuse is below 12 years of age, the offender
party, and her parents, for seduction, abduction, should not be prosecuted for sexual abuse but
rape, other lascivious acts (Art. 2219 Civil Code). for statutory rape under Art. 266-A(1)(d) of the
In multiple rapes by multiple offenders, all of them RPC and penalized with reclusion perpetua.
must support offspring. No one may be made to If the victim is 12 years or older, the offender
acknowledge his offspring. should be charged with either sexual abuse under
The offender in a rape case who is married is no Section 5(b) of R.A. 7610 or rape under Art. 266-A
longer prohibited from acknowledging his offspring (except paragraph 1[d]) of the RPC. HOWEVER,
because since the child is illegitimate, the Family the offender cannot be accused of both crimes for
Code automatically confers parental authority to the same act because his right against double
the mother. He can only be sentenced to indemnify jeopardy will be prejudiced.
the victim and support his offspring. Amount and Likewise, rape cannot be complexed with a
terms of support should be determined only after violation of Section 5(b) of R.A. 7610. Under
due notice & hearing. Section 48 of the RPC (on complex crimes),a
Only indemnity is allowed in rape of a married felony under the RPC (such as rape) cannot be
woman. The defendant cannot be sentenced to complexed with an offense penalized by a special
acknowledge and support the offspring. law. (People v. Abay, G.R. No. 177752, February 24,
2009)

R.A. 9995
ANTI-PHOTO AND VIDEO
VOYEURISM ACT 2009,
PARTICULARLY, Sections 3,
4, 6& 7
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R.A.9282
PLEASE SEE SPL- REVIEWER ON ANTI-VIOLENCE AGAINST
R.A. 9208, ANTI-TRAFFICKING IN WOMEN AND THEIR CHILDREN
PERSONS ACT OF 2003 ACT OF 2004 PARTICULARLY
PARTICULARLY SEC 4. ACTS OF PSYCHOLOGICAL VIOLENCE
TRAFFICKING IN PERSONS, SEC 5. PUNISHABLE ACTS, SEC 5(G)
ACTS THAT PROMOTE TRAFFICKING
IN PERSONS AND SEC 6. QUALIFIED
TRAFFICKINR IN PFRSONS

SPECIAL PROTECTION OF CHILDREN
AGAINST CHILD ABUSE,
EXPLOITATION AND DISCRIMINATION
ACT (R.A. 7610, AS AMENDED),
PARTICULARLY Sect 5, 6, 7 and 8.
NOTE:
COMPARE PROSECUTION FOR

ACTS OF LASCIVIOUSNESS
UNDER ART. 336 OF THE RPC
AND RA 7610, AS AMENDED
Under RA 7610, the penalty
for lascivious conduct when
the victim is under 12 years of age
shall be reclusion temporal
in its medium period.
On the other hand, Art. 336 of the
RPC provides a lighter penalty of
prision correctional for acts of
lasciviousness.
JURISPRUDENCE
1. The implementing rules elaborated on this
definition when it defined a "child" as
one who is below 18 years of age or
over said age who, upon
evaluation of a qualified
END OF TOPIC
216
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K. CRIMES AGAINST THE CIVIL STATUS OF custody of the child.

PERSONS
The purpose is to The purpose is to
CHAPTER 1: SIMULATION OF BIRTHS AND
cause the child to lose avoid the obligation
USURPATION OF CIVIL STATUS
its civil status. of rearing and caring
for the child.
ART. 347. SIMULATION OF BIRTHS,
SUBSTITUTION OF ONE CHILD FOR ANOTHER;
AND CONCEALMENT OR ABANDONMENT OF A ART. 348. USURPATION OF CIVIL STATUS
LEGITIMATE CHILD
HOW COMMITTED:
PUNISHABLE ACTS (3, SSC) This felony is committed by a person who
1. Simulation of births, assumes the filiation, or the parental or
2. Substitution of one child for another, or conjugal rights of another.
3. Concealing or abandoning any legitimate child w/
the intent to cause such child to lose its civil status. NOTES:
• Criminal intent to enjoy the civil rights of another by
SIMULATION OF BIRTHS the offender knowing he is not entitled thereto is
ELEMENTS necessary to constitute this crime.
a. The child is baptized or registered in the Registry • QUALIFYING CIRCUMSTANCE: Purpose of the
of birth as the offender's; impersonation is to defraud the offended party or
b. Thus, the child loses its real status and acquires his heirs.
a new one; and • This includes usurpation of profession.
c. The offender's purpose was to cause the loss of • It is absolutely necessary that there is intent to
any trace as to the child's true filiation. enjoy the rights arising from the civil status of the
person impersonated.
CONCEALING OR ABANDONING ANY
LEGITIMATE CHILD WITH THE INTENT TO CAUSE CHAPTER 2: ILLEGAL MARRIAGES
SUCH CHILD TO LOSE ITS CIVIL STATUS.
ELEMENTS:
ART. 349. BIGAMY
a. The child must be legitimate, fully developed and
a living being;
ELEMENTS:
b. The offender conceals or abandons such child;
and 1. That the offender has been legally married;
2. That the marriage has not been legally dissolved
c. The offender has the intent to cause the child to
or, in case his or her spouse is absent, the absent
lose its civil status.
spouse could not yet be presumed dead
according tothe Civil Code;
NOTES:
SIMULATION — crime must alter the person's civil 3. That he contracts a second or subsequent
•
marriage; and
status.
Simulation takes place when the woman pretends 4. That the second or subsequent marriage has all
the essential requisites for validity.
to be pregnant when in fact she was not; woman
who simulates birth and the woman who furnishes
NOTES:
the child are both responsible as principals.
The fact that child will be benefited by simulation of • The crime of bigamy does not fall within the
birth is not a defense since it creates a false status category of private crimes. Hence, it can be
to the detriment of members of family to which the prosecuted even without the initiative of the
child is introduced. offended party.
A father who sells his child is not liable under this • The fact that the 1st marriage is void from the
article since there is no abandonment beginning is not a defense in a bigamy charge.
There is a need for judicial declaration of the
ABANDONING A ABANDONING A nullity of the 1st marriage. Similarly, there must
CHILD UNDER ART. MINOR UNDER ART. also be a summary proceeding to declare the
347 276 absent spouse presumptively dead for purposes
of remarriage.
The offender is any The offender must
• There is bigamy even if the first marriage was
person. be one who has subsequently annulled if the marriage took place
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during the existehce of the first marriage. act alone, without more, cannot be deemed to
• The validity of the second marriage is a constitute an ostensibly valid marriage for which
prejudicial question to the liability for bigamy. petitioner might be held liable, for bigamy unless
• One convicted for bigamy may be prosecuted for he first secures a judicial declaration of nullity
concubinage as both are distinct offenses. before he contracts a subsequent
However, the second spouse is not necessarily marriage.(Morigo v. People, G.R. No. 145226,
liable for bigamy. February 06, 2004)
• One who falsely vouches for the capacity of either 2. For the accused to be held guilty of bigamy, the
of the contracting parties knowing that one of the prosecution is burdened to prove the following: (a)
parties is already married is an accomplice. he/she has been legally married; and (b) he/she
• Failure to exercise due diligence to ascertain the contracts a subsequent marriage without the
whereabouts of the 1st wife and the husband's former marriage having been lawfully dissolved.
remarriage is bigamy through reckless The felony is consummated on the celebration of
imprudence, the second marriage or subsequent marriage. It is
• A pardon by the offended party does not extinguish essential in the prosecution for bigamy that the
criminal action considering that a crime is alleged, second marriage, having all the essential
committed against the State and the crime of requirements, would be valid were it not for the
Bigamy is a public offense which can be subsistence of the first marriage. (Manuel v.
denounced not only by the person affected thereby People. G.R. No. 165842. November 29, 2005)
but even by a civic- spirited citizen who may come
to know the same. ART. 350. MARRIAGE CONTRACTED AGAINST
• Application for the license which the person guilty PROVISIONS OF LAWS
of bigamy swore to, although felonious, should be
considered absorbed in the crime of bigamy since ELEMENTS: (2)
they are routine incidents in contracting' any 1. That the offender contracted marriage; and
marriage. 2. That be knew at the time that:
• The 15-year prescriptive period for the crime of a. Requirements of law were not complied with,
bigamy must be counted from -the date of the or
discovery of the 2nd marriage by the offended b. The marriage was in disregard of a legal
spouse. impediment.
EFFECT OF DIVORCE QUALIFYING CIRCUMSTANCE: If either of the

• Divorce granted by a foreign court has no contracting parties obtains the consent of the other by
effect. Re,sidence is not sufficient to confer means of violence, intimidation or fraud.
jurisdiction on the court of that state. This applies to
those domiciled in the Philippines although they REQUIREMENTS OF THE LAW FOR VALID
contracted marriage elsewhere. MARRIAGE:
• Divorce obtained abroad by alien spouse shall (ARTS. 2 AND 3 OF THE FAMILY CODE)
likewise restore the Filipino spouse's capacity 1 Legal capacity of the contracting parties who must
to remarry under Philippine Law. be male and female;
2. Consent freely given in the presence of the
BURDEN OF PROOF IN BIGAMY solemnizing officer;
• Once the prosecution has established that the 3. Authority of the solemnizing officer;
defendant was already married at the time he 4. A valid marriage license, except in marriages of
contracted the 2nd marriage, the burden of proof to exceptional character; and
show the dissolution of The first marriage is upon 5. A marriage ceremony which takes place with the
the defense. appearance of the contracting parties before the
• When a person marries twice, the second marriage solemnizing officer and their personal declaration
is presumed valid and the former one is presumed that they -take each other as husband and wife in
to have been dissolved by death or divorce. But this the presence of not less than 2 witnesses of legal
presumption may yield to circumstances. age.
JURISPRUDENCE NOTES:
1. The mere prjvpte act of signing a marriage contract • Conviction for violation of Art. 350 involves moral
bears no semblance to a valid marriage and thus, turpitude. The respondent is disqualified from
needs no judicial declaration of nullity. Such being admitted into the Bar.
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• The offender must not be guilty of bigamy. ART. 352. PERFORMANCE OF ILLEGAL
MARRIAGE CEREMONY
ART. 351. PREMATURE MARRIAGES
PUNISHABLE ACT
PERSONS LIABLE: Performance or authorization by a priest or minister of
1. A widow who married within 301 days from the date any religious denomination or sect or by civil
of the death of her husband, or before having authorities of any illegal marriage ceremony.
delivered if
2. she is pregnant at the time of his death; and EXCEPTION
3. A woman whose marriage having been dissolved A clergyman who performed a marriage ceremony
or annulled, married before her delivery or w/in 301 without knowledge of the minority of one of the
days after the date of the legal separation. parties is not liable.
NOTES: NOTE:
• Period may be disregarded if the first husband was Offender must be authorized to solemnize marriages.
impotent or sterile or if the woman was pregnant
before the death of the first husband and gave birth END OF TOPIC
within the said period.
• The period of 301 days is important only in cases
where the woman is not pregnant, or does not
know that she is pregnant at the time she becomes
a widow. If she is pregnant at such time, the
prohibition is good only up to delivery.
PURPOSE OF THE LAW

Since the purpose of punishing the foregoing acts is to
prevent cases of doubtful paternity, the woman will not
be liable thereunder if: (a) she has already delivered;
and (b) she has conclusive proof that she was not
pregnant by her first spouse since he was permanently
sterile. (People v. Masinsin, C.A., 49 O.G. 390
Art. 351 has been repealed by Republic Act. No.

10655, An Act repealing the crime of Premature
Marriages. (Book 2 Reyes, 2017, page 1019)
219
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L. CRIMES
_ AGAINST HONOR WHEN DOES MALICE IN FACT APPLY?
CHAPTER 1: LIBEL Malice in fact must be proved whenever the

defamatory imputation appears in a privileged
SECTION 1. — DEFINITION, FORMS, AND communication.
PUNISHMENT OF THIS CRIME
WHEN DOES PRESUMPTION OF MALICE IN
ART. 353. DEFINITION OF LIBEL/DEFAMATION LAWDISAPPEAR?
Upon proof of good intention and justifiable motive.
Definition LIBEL NOTES:
Public and malicious imputation of a • There is no distinction between calumny, insult
crime, or a vice or defect, real or and libel. All kinds of attack against honor and
imaginary or any act, commission, reputation is punished.
condition, status or circumstances • Malice is presumed to exist in injurious
tending to cause the dishonor, publications.
discredit or contempt of a natural or • Defamatory remarks directed at a group of
juridical person, ,or to blacken the persons are not actionable unless the statements
memory of one who is dead. It must be are all embracing or sufficiently specific for each
committed through any of the acts victim to be identifiable.
enumerated in Art. 355.
• The meaning of the writer is immaterial.
Elements 1. That there must be an imputation • In libel, the false accusation need not be made
of a crime, or of a vice or defect, under oath. It is perjury which requires that the
real or imaginary, or any act, false accusation is made under oath.
omission, condition, status, or • Seditious libel is punished under Article 142.
circumstance (defamatory • Imputation of criminal intention is not libellous.
imputation); • There are as many counts of libel as there are
2. That the imputation must be made persons defamed.
publicly;
3. That it must be malicious; GENERALLY, THE PERSON LIBELED MUST
4. That the imputation must be BE IDENTIFIED.
directed at a natural or juridical But the publication need not refer by name to the
person, or one who is dead; and libeled party. If not named, it must be shown that the
5. That the imputation must tend to description of the person referred to in the defamatory
cause the dishonor, discredit or publication was sufficiently clear so that at least 8 3rd
contempt of the person defamed. person would have identified the offended party.
DEFAMATION may be libel or slander. Defamation is PRESUMPTION OF PUBLICATION

To presume publication, there must be a reasonable
the proper term for libel as used in Art. 353.
probability that the alleged libelous matter was
thereby exposed to be read or seen by 3rd persons.
PUBLICATION
the communication of the defamatory matter to some
CRITERIA TO DETERMINE WHETHER
third person/s.
STATEMENTS ARE DEFAMATORY:
1. In determining whether a statement is defamatory,
KINDS OF MALICE
the words used are construed in their entirety and
1. MALICE IN LAW is presumed from a defamatory
taken in their plain, natural and ordinary meaning
imputation. Proof of malice is not required; may be
as they would naturally be understood by persons
taken for granted in view of the grossness of the
reading them, unless it appears that they were
imputation.
used and understood in another sense; (Nov/do
2. MALICE IN FACT is malice or which must be v. Aggabao, G.R. No. 141332, December 11,
proved.
2003)
2. Words are calculated to induce the hearers to
suppose and understand that the person against
whom they are uttered were guilty of certain
offenses, or are sufficient to impeach their
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honesty, virtue or reputation, or to hold the The defense of privileged communication

person up to public ridicule; (U.S. v. O'Connell, will be rejected if it shown by the
37 Phil.767) and prosecution or the plaintiff:
3. Words are construed not only as to the expression a. That the defendant acted with malice in
used but also with respect to the whole scope and fact, or
apparent object of the writer. (People v. b. That there is no reasonable ground for
Encamacion, C.A., 48 O.G. 1817) believing the charge to be true.
ART. 354. REQUIREMENT FOR PUBLICITY 2. Fair and true report of official proceedings,
made in good faith, without any comments and
KINDS OF PRIVILEGED COMMUNICATION: remarks
1. ABSOLUTELY PRIVILEGED — not actionable
even if the actor has acted in bad faith; and REQUISITES:
2. QUALIFIEDLY PRIVILEGED — those which, a. That the publication of a report of an official
although containing defamatory imputations, are proceeding is a fair and true report of a
not actionable unless made with malice or bad judicial, legislative, or other official
faith. proceedings which are not of confidential
nature, or of a statement, report, or speech
GENERAL RULE: Every defamatory imputation is delivered in said proceedings, or of any other
presumed malicious, even if it be true, if no good act performed by a public officer in the
intention and justifiable motive for making it is shown. exercise of his functions;
However, the presumption of malice is b. That it is made in good faith; and
rebutted, if it is shown by the accused that: c. That it is made without any comments or
a. The defamatory imputation is true, in case the remarks
law allows proof of the truth of the imputation;
b. It is published with good intention; and DOCTRINE OF FAIR COMMENT
c. There is justifiable motive for making it. Fair commentaries on matters of public interest are
privileged and constitute a valid defense in an action
EXCEPTION TO THE RULE (when malice is for libel or slander.
NOT presumed):
1. Private communication in performance of legal, MALICE IN FACT - is the rivalry or ill- feeling existing
moral or social duty. at the date of publication. It is the intention to injure the
reputation of the offended party, motivated by hate
REQUISITES: and revenge.
a. That the person who made the communication
had a legal, moral or social duty to make the MALICE IN FACT MAY BE PROVED OR
communication or at least he had an interest to SHOWN BY:
be upheld; Legal duty presupposes a provision 1. Extrinsic evidence that the defendant bore a
of law conferring upon the accused the duty to grudge against the offended party; or
communicate; 2. That there was rivalry or ill-feeling between them
b. That the communication is addressed to an which existed at the date of the publication of the
officer or a board, or superior, having some defamatory imputation; or
interest or duty on the matter; and 3. That the defendant had an intention to injure the
c. That the statements in the communication are reputation of the offended party as shown by the
made in good faith without malice in fact. words used and the circumstances attending the
publication of the defamatory imputation.
NOTES:
• Prosecution must prove malice in fact to convict
the accused in case of qualified privileged
communication.
• Absolute Privileged Communication are not
actionable even if done in bad faith. This covers
statements made by members of Congress in
discharge of functions, and judicial proceedings
when pertinent and relevant to subject of inquiry.
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BAR OPERATIONS 2019 SPECIAL RENAL LAWS
• Unnecessary publicity destroys good faith. THE MEANS BY WHICH LIBEL MAY BE
Defense of privileged communication in paragraph COMMITTED ARE BY:
1 will be rejected if it is shown that accused acted 1. writing;
with malice and. there -is no reasonable ground for 2. printing;
believing the charge to be true. 3. lithography;
• The mental, moral and physical fitness of a 4. engraving;
candidate for public office may be subject to 5. radio;
criticism. It does not fojlow a public man into his 6. phonograph;
private life and domestic concerns. 7. painting;
• Privilege,d Communication may be found in public 8. theatrical exhibitions;
document. 9. cinematographic exhibitions; or
• That the statement is a privileged communication 10. any similar means.
is a matter of defense.
NOTES:
STATEMENTS MADE IN SELF- DEFENSE ARE • The law provides, "or any similar means" which
OFTEN PRIVILEGED easily qualifies television is such species or
Statements made in self defense or in mutual categbry. Defamation made in a television
controversy are often privileged. program is libel. Also includespictures.
• Defamation through an amplifier is not libel, put
The person libeled is justified to hit back with another oral defamation (slander).
libel. However, retaliation and vindictiveness cannot be The penalty prescribed is in addition to civil
the basis of self-:defense in defamation. Self-defense liability.
must be on matters related to imputations made on the Libel may be absorbed in crime of threats if intent
person invoking the defense. to threaten is the principal aim and object.
COMMENTS ON THE C,ONDUCT OF PUBLIC ART. 356. THREATENING TO .PUBLISH LIBEL

OFFICERS DO NOT CONSTITUTE LIBEL AND OFFER TO PREVENT SUCH PUBLICATION
Defamatory remarks and comments on the conduct or FOR A COMPENSATION
acts of public officers which are related to the discharge
of their official duties will not constitute libel if defendant PUNISHABLE ACTS:
proves the truth of imputation. However, any attack 1. By threatening another to publish a libel
upon private character on matters not related to the concerning him, or his parents, spouse, child, or
discharge of official duties may be libelous, other members of his family; or
2. By offering to prevent the publication of such
JURISPRUDENCE libel for compensation, or money consideration.
A public figure has been defined as a person who, by
his accomplishments, fame, or mode of living, or by BLACKMAIL - Any unlawful extortion of money by
adopting a profession or calling which gives the public threats of accusation or exposure. It is possible in the
a legitimate interest in his doings, his affairs, and his crimes of light threats (Art. 283) and in threatening to
character, has become a 'public personage.' He is, in publish libel (Art. 356).
other words, a celebrity. Obviously to be included in this
category are those whp have achieved some degree of
reputation by appearing before the public, as in the case
of an actor, a professional baseball player, a pugilist, or
any other entertainer. The list is, however, broader than
this. It includes public officers, famous inventors and
explorers, war heroes and even ordinary soldiers, an
infant prodigy, and no less a personage than the Grand
Exalted Ruler of a lodge. It includes, in short, anyone
who has arrived at a position where public attention
is focused upon him as a person. (Guingguing v. CA,
G.R. No. 128959, September 30, 2005)
ART. 355. LIBEL BY MEANS OF WRITINGS OR

SIMILAR MEANS
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ART. 357. PROHIBITED PUBLICATION OF ACTS any other crime against honor;
REFERRED TO IN THE COURSE OF OFFICIAL 2. That such act is performed in the presence of
PROCEEDINGS other person or persons; and
3. That such act casts dishonor, discredit or
ELEMENTS: (3) contempt upon the offended party.
1. That the offender is a reporter, editor or manager of
a newspaper, daily or magazine; NOTES:
2. That he publishes facts connected with the private • Slander may either be simple or grave,
life of another; and depending upon the nature of the deed.
3. That such facts are offensive to the honor, virtue • Pointing a dirty finger constitutes simple slander
and reputation of said person. by deed, it appearing from the factual milieu of the
case that the act complained of was employed "to
NOTES: express anger or displeasure" at complainant.
• The prohibition to publish applies even if such While it may have cast dishonor, discredit or
publication be made in connection with or under the contempt upon complainant, said act is not of a
pretext that it is necessary in the narration of any serious nature.
judicial or administrative proceedings wherein such
facts have been mentioned. SERIOUSNESS OF SLANDER BY DEED
• Art. 357 constitutes the "Gag Law" which bars DEPENDS ON:
from publication news reports on cases pertaining 1. The social standing of offended party;
to adultery, divorce, issues about the legitimacy of 2. The circumstances surrounding the act; and
children, etc. 3. The occasion.
• Source of news report may not be revealed unless
court or Congress finds such revelation is DISTINCTIONS:
demanded by the security of the State. 1. UNJUST VEXATION - irritation or annoyance;
anything that annoys or irritates without
ART. 358. SLANDER/ ORAL DEFAMATION justification.
2. SLANDER BY DEED - irritation or annoyance +
KINDS OF ORAL DEFAMATION: attendant publicity and dishonor or contempt.
1. GRAVE SLANDER - defamation is of a serious 3. ACTS OF LASCIVIOUSNESS - irritation or
and insulting nature; and annoyance + any of the 3 circumstance provided
2. SIMPLE SLANDER - light insult or defamation. in Art. 335 on rape (i.e. use of force or intimidation;
deprivation of reason or rendering the offended
FACTORS THAT DETERMINE GRAVITY OF unconscious; or if offended party was under 12
THE OFFENSE: years old, together with lewd designs).
1. expressions used;
2. personal relations of the accused & the offended SECTION 2. GENERAL PROVISIONS
party;
3. circumstances surrounding the case; and ART. 360. PERSONS RESPONSIBLE FOR LIBEL
4. social standing and position of the victim.
1. The person who publishes, exhibits or causes
NOTES: the publication or exhibition of any defamation in
• Words uttered in the heat of anger constitute light writing or similar means;
oral defamation. 2. The author or editor of a book or pamphlet;
• If the utterances were made publicly and were 3. The editor or business manager of a daily
heard by many people and the accused at the newspaper magazine or serial publication; and
same time pointed his finger at the complainant, 4. The owner of the printing plant
oral defamation is committed. which publishes a libelous article with his consent
Uttering defamatory words in the heat of anger, and all other persons, who in any way participate
with some provocation on the part of the offended in or have connection with its publication.
party constitutes only a light felony. (Villanueva v.
People, G.R. No. 160351, April 10, 2006) VENUE OF CRIMINAL AND CIVIL ACTION FOR
DAMAGES IN CASES OF WRITTEN DEFAMATION
ART. 359. SLANDER BY DEED ELEMENTS: (3) (PROVIDES FOR EXCLUSIVE JURISDICTION):
1. Where the libelous article is printed &1st
1. That the offender performs any act not included in published, or
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2. Where any of the offended parties actually resides court.

at the time of the commission of the offense, or • No remedy for damages for slander or libel in case
3. Where one of the offended parties is a public of absolutely privileged communication.
officer:
a. if his office is in the City o,f Manila, with the RTC of ART. 361. PROOF OF THE TRUTH
Manila otherwise, with the RTC of the city/province
where he held office at the time of offense; PROOF OF TRUTH IS ADMISSIBLE WHEN:
b. or the city/province where the article was 1st 1. Pip sot or omission imputed constitutes a crime
published; regardless of whether the offended party is a
4. Where one pf the offended parties is a private private individual or a public officer, or
individual, with the RTC of province/city where he 2. The offended party is a government employee,
actu.ally resides at the time of the crime or where even if the apt or omission imputed does not
the article was printed or 1st published. constitute a crime, provided, it is related to the
discharge of his official duties.
GUIDELINES IN THE OBSERVANCE OF •A
RULE OF PREFERENCE IN THE IMPOSITION REQUISITES FOR ACQUITTAL FROM A LIBEL
OF• PENALTIES IN LIBEL CASES CHARGE:
(Administrative Circular No. 08-2008) 1. It appears that the matter charged as libelous is
1. This Administrative Circular does not remove TRUE (for situations (1) and (2) above); and
imprisonment as an alternative penalty for the 9. It was published with good motives and for a
crime libel under Article 355 of the Revised Penal justifiable end (for situation (1) only).
Code
2. The Judges concerned may, in the exercise of NOTES:
sound discretion, and taking into consideration the • The proof of the truth of the accusation cannot be
peculiar circumstances of each case, determine made to rest upon mere hearsay, rumors, or
whether the imposition of a fine alone would best suspicion but upon positive, direct evidence upon
serve the interests of justice or whether forbearing which a definite finding may be made by the court.
to impose imprisonment would depreciate the • An imputation that a person has contagious
seriousness of the offense, work violence on the
disease might under ordinary circumstances be
social order, of otherwise be contrary to the
defamatory but loses such character when made
imperative of justice; with good intention and justifiable motive.
3. Should only a fine be imposed and the accused be
• There is no libel when there is no malice.
unable to pay the fine, there is no legal obstacle to
• Retraction may mitigate the damages; if the article
the application of the Revised Penal Code
provision on subsidiary imprisonment. is libelous per se, publication due to honest
mistake is only mitigating.
NOTES: ART. 362. LIBELOUS REMARKS
• Complaint for defamation imputing a private crime
NOTES:
(i.e. adultery, concubinage, seduction, abduction,
• Libelous remarks or comments on privileged
and acts of lasciviousness) must be filed by the-
offended party. matters (under Art. 354), if made with malice in
• fact, will not exempt the author and editor.
If the libel imputes a vice or defect and not a crime,
• This article is a limitation to the defense of
it is always prosecuted upon information signed
and filed by the fiscal. privileged communication. Even if matter is
• privileged and malice in fact is proved, author and
The person who publishes a libelous letter written
editor is liable.
by the offended party is liable (publishing and not
composing is the prime requisite of crime). • Author/editor of publication who distorts, mutilates
• Liability of the editor is same as the author. or discolors official proceedings reported by him,
• or add comments thereon to cast aspersion on
Limitations of venue: In order to minimize
character of parties concerned is guilty of libel.
interference with public function when the case
involves a public officer and also to avoid
CHAPTER 2: INCRIMINATORY MACHINATIONS
unnecessary harassment of the accused by limiting
out-of-town libel suits.
ART. 363. INCRIMINATING INNOCENT
• Action for exemplary damages may be awarded if
action is based on quasi- delict. PERSON
• Civil and criminal actions must be filed in same
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Definition Any person who, by an act not blemish the honor or reputation of another person. It
constituting perjury, shall directly is committed by saying to others an unattributable
incriminate or impute to an innocent thing, that if it said to the person himself, slander is
person the commission of a crime. committed.
Elements 1. That the offender performs an act; NOTES:

. 2. That by such act he directly • Must be committed by means of some tricky and
incriminates or imputes to an secret plot, and not gossiping which falls under
innocent person the commission defamation.
of a crime; and • Where the source or author of derogatory
3. That such act does not constitute information cannot be determined and defendant
perjury. passes it to others, defendant's act is one of
intriguing against honor; if it came from a definite
Penalty Arresto Mayor source, slander is committed.
TWO KINDS OF INCRIMINATING AN INNOCENT

PERSON:
1. Making a statement which constitutes:
a. defamation, or
b. perjury (if made under oath and is false); and
2. Planting evidence.
NOTES:
• Art. 363 is limited to planting evidence and the like,
which tend directly to cause false prosecution.
• Incriminatory machinations distinguished from
defamation — does not avail himself of written or
spoken words.
• There is a complex crime of incriminating an
innocent person through unlawful arrest.
• The perpetrators of Tanim Bala incident in NAIA
are liable both under Article 363 of RPC and
Section 38 of RA 10591 (Comprehensive Firearms
and Ammunition Regulation Act)
INCRIMINATING AN PERJURY BY
INNOCENT MAKING FALSE
ACCUSATION
Performs act to Imputation falsely
directly incriminate or made before an
impute commission of officer;
crime;
Act Of planting False statement or
evidence; and affidavit made under
oath; and
Penalty is Arresto Penalty is Arresto
Mayor. Mayor max to Prision
Correccional min.
ART. 364. INTRIGUING AGAINST HONOR
HOW COMMITTED:
This felony is committed by any person who shall make

any intrigue which has for its principal purpose to
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ATENEO CENTRAL
M. QUASI-OFFENSES (OR CRIMINAL NEGLIGENCE)

INTRIGUING INCRIMINATING AN
AGAINST HONOR INNOCENT PERSON
ART. 365 IMPRUDENCE AND NEGLIGENCE
The offender resorts to The offender
an intrigue for the performs an act by
Definition 1. Imprudence: Deficiency of action
purpose of blemishing which he directly
2. Negligence: Deficiency of
the honor or reputation incriminates or perception
of another person. imputes to an
innocent person the Elements, Reckless Imprudence
commission of a (i) that the offender does or fails
crime. to do an act
(ii) that the doing of or the failure
INTRIGUING I SLANDER to do that act is voluntary
AGAINST HONOR I (iii) that it be without malice;
I (iv) that material damage results;
The source or author of The source of (v) there is inexcusable lack of
the derogatory information can be precaution on the part of the
information cannot be pinpointed and offender, taking into
determined and the definitely determined consideration: (1) his
defendant borrows the and defendant, employment or occupation,
same &, without adopting as his own (2) degree of intelligence,
subscribing to the truth the information he has physical condition, and (3)
thereof, passes it to obtained, passes the other circumstances regarding
others. same to another for persons, time and place
the purpose of 2. Simple Imprudence or Negligence
causing dishonor to (i) That there is lack of
complainant's precaution on the part of the
reputation. offender; and
(ii) That the damage impending
to be caused is not immediate
END OF TOPIC or the danger is not clearly
manifest.
Ways of committing quasi-offenses

1. By committing through reckless imprudence any
act which, had it been intentional, would constitute
a, grave or less grave felony or light felony;
2. By committing through simple imprudence or
negligence an act which would otherwise
constitute a grave or a less serious felony;
3. By causing damage to the property of another
through reckless imprudence or simple
imprudence or negligence; or
4. By causing through simple imprudence or
negligence some wrong which, if done
maliciously, would have constitute a light felony.
NOTES:
• Imprudence or Negligence is not a crime in itself, but
simply a way of committing a crime.
• Art. 64 on mitigating and aggravating circumstances
is not applicable in quasi- offenses.
• In the technical term "Reckless Imprudence
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resulting in Homicide", what is punished is not the DOCTRINE OF PRE-EMPTION IN VEHICLE

act itself but the mental attitude or condition behind COLLISIONS
the act. Although the driver of a motor vehicle crossing a thru-
street is supposed to wait along the intersection for the
• Negligence is a quasi-offense. What is punished is driver of another vehicle running along said thru-
not the effect of the negligence but the recklessness street, if the driver crossing the street had already
of the accused. reached the middle thereof, the other driver travelling
• Contributory negligence of offended party is not an along the thru-street, although with a right of pre-
absolute defense but only mitigates criminal liability. emption, has the duty to stop his motor vehicle in order
to avoid a collision.
• Violation of a rule or regulation or law is proof of
negligence. EMERGENCY RULE
• No criminal liability for death or injuries caused by A person confronted with emergency may be left with
recklessly negligent acts to trespassers where the no time for thought and must make a speedy decision
defendant was not aware of their presence. based on impulse or instinct, and cannot be held liable
for same conduct as one who had the opportunity to
QUALIFYING CIRCUMSTANCE IN QUASI- reflect. This is applicable only when the situation that
OFFENSES arises is sudden, unexpected, and is such as to
The offender's failure to lend on-the-spot assistance to deprive him of all opportunity for deliberation.
the victim of his negligence or abandoning one's victim
is usually punishable under Art. 275. Eg. An automobile driver, who, by the negligence of
another, is suddenly placed in an emergency and is
However, if it is charged under Art. 365, it is only a compelled to act instantly to avoid a collision or injury,
qualifying circumstance. If not alleged at all, it cannot is not guilty of negligence if he makes a choice which
even be considered as an aggravating circumstance. a person of ordinary prudence placed in such a
position might
TEST OF NEGLIGENCE make even though he did not make the wisest choice.
Q: Did the defendant, in doing the alleged negligent act,
use the reasonable care and caution which an ordinary NOTE: Must be based on negligence of another with
prudent person would have used in the same situation? no proof of his own negligence.
If not, then he is guilty of negligence.
END OF TOPIC
RECKLESS FORCE MAJEURE
IMPRUDENCE
The immediate Events which could

personal harm or not be foreseen, or
damage to property is which, though
perceivable and can foreseen, were
be prevented by the inevitable. It implies
exercise of reasonable an extraordinary
care. The want of circumstance which is
reasonable care to independent of the
prevent harm or will of the actor.
damage constitutes
reckless imprudence.
• LAST CLEAR CHANCE RULE The contributory

negligence of the injured party will not defeat the action
if it be shown that the accused might, by the exercise of
reasonable care and
prudence, have avoided the consequences of the
negligence of the injured party.
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'SPECIAL LAWS I. ANTI-ARSON LAW (PD 1613): (RA 76591
TOPICS UNDER THE SYLLABUS A. PUNISHABLE ACTS

A. ANTI-ARSON LAW (SECS. 1 TO 5, PD 1613, 15. SIMPLE ARSON, IF ANY PERSON SETS FIRE:
AS AMENDED BY pp 1744) • to the property of another; OR
B. ANTITCHILD PORNOGRAPHY ACT OF 2009 • to his own property under circumstances
(SECS. 31A-9], 4, AND 5, RA 9775) which expose to danger the life or property of
C. ANTI-FENCING LAW-OF 1979 (SECS. 2 another (Sec. 1, PD 1613).
AND 5, P131612)
D. ANTI-GRAFT AND CORRUPT PRACTICES 16. DESTRUCTIVE ARSON, IF THE PROPERTY
ACT (SEC. 3, RA 3,91 , AS AMENDED) BURNED IS ANY OF THE FOLLOWING
E. ANTI-HAZING ACT OF 2018, (SECS. 2 AND (PUTEMI):
3, RA 8049, AS AMENDED BY RA 11053) • Any building, devoted to the gublic in general,
F. ANTI-H14ACKING LAW (SECS. 1 AND 3, RA regardless of whether the offender had
6235) knowledge that there are persons in said
G. ANTI-PHOTO AND-VIDEO VOYEURISM building and whether the building is actually
ACT OF 200,9 (SECS. 3 [A; B, D, F] AND 4, inhabited or not;
RA 9995) Any building, and any appurtenances thereto,
H. ANTI-PLUNDER ACT (SECS. 1 AND 2, RA for public utility service;
7080, AS AMENDED BY RA 7659) • Any train or locomotive, ship orvessel, airship
I. ANTI-SEXUAL HARASSMENT ACT OF or airplane, devoted to transportation or
1995 (SEC. 3, RA 7877) conveyance, or for public use, entertainment
J. ANTI-TORTURE ACT OF 2009 (SECS. 3 [A, or leisure;
B], 4, AND 5, RA 9745) • Any building the burning of which is for
K. ANTI-TRAFFICKING IN PERSONS ACT OF concealing or destroying evidence of another
2003 (SECS. 3, 4, AND 6, RA 9208, AS violation of law, or for concealing bankruptcy
AMENDED) or defrauding creditors or to collect from
L. ANTI-VIOLENCE AGAINST WOMEN AND insurance (Sec. 10, RA 7659);
THEIR CHILDREN ACT OF 2004 (SECS. 3, • Any arsenal, shipyard, storehouse ocmilitary
5, ANp 26, RA 9262) powder or fireworks factory, ordinance
M. BOUNCING CHECKS ,LAW (SEC. 1, BP 22) storehouse, archives or general museum of
N. COMPREHENSIVE DANGEROUS DRUGS the government;
ACT OF 2002 (SECS. 5, 11, 15, AND 21, RA • Any inhabited place, any storehouse or factory
9165, AS AMENDED BY RA 10640) of inflammable or explosive materials (Sec. 1,
0. COMPREHENSIVE FIREARMS AND PD 1744).
AMMUNITION REGULATION ACT (SECS.
28 AND 29, RA 10591) 17. OTHER CASES OF ARSONS (G- PRIME):
P. CYBERCRIME PREVENTION ACT OF 2012 • Any government building;
(SECS. 4 TO 6, RA 10175) • Any glantation, farm, grain field, forest, etc;
Q. HUMAN SECURITY ACT OF 2007 (SECS. 3
• Any railway or bus station, airport, wharf or
TO 6, RA 9372)
warehouse;
R. NEW ANTI-CARNAPF,1NG ACT OF 2016
• Any inhabited house or dwelling;
(SECS. 3 TO 4, RA 10383)
• Any rice mill, sugar mill, cane mill or mill
S. OBSTRUCTION OF JUSTICE LAW (SEC. 1,
central;
PD 1829)
T. SPECIAL PROTECTION OF CHILDREN • Any industrial establishment, shipyard, oil well
AGAINST ABUSE, EXPLOITATION, AND or mine shaft, platform or tunnel (Sec. 3, PD
DISCRIMINATION ACT (SECS. 3[A], 5, AND 1613).
10, RA 7610)
B. PRIMA FACIE EVIDENCE OF ARSON (VP-
SWIFT):
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• There is no complex crime of arson with

1111111111111111111111 u1l! e l ir homicide. There may only be a crime of either
Fire is used to kill a
qualifying circumstance to murder or arson, depending on the intent
person the crime of murder) (People v. Cedenio, GR No. 93485, June 27,
Fire is used to burn the 1994).
building but the death
Arson
results END OF TOPIC
incidentally
• If a demand for valuable consideration was
made before the fire in exchange for the
desistance of the offender or for the safety of
the person or property of the victim;
• If during the lifetime of the fire insurance policy
more than two fires have occurred in the
premises owned or under the control of the
offender and/or insured;
• Fire started gimultaneously in more than one
part of the building;
• If shortly before the fire, a substantial portion of
the effects insured and stored in a building or
property had been Aithdrawn from the
premises except in the ordinary course of
business;
• If the building or property is insured for
substantially more than its actual value at the
time of the issuance of the policy;
• If substantial amount of flammable materials is
stored within the building not necessary in the
business of the offender nor for household us;
and
• If any contrivance designed to start a fire, or
ashes or traces of any of the foregoing are
found in the ruins or premises of the burned
building or property. (Sec. 6, PD 1613)
C. AGGRAVATING CIRCUMSTANCES (GAS_Tii

• Committed with intent to gain;
• Committed for the benefit of another;
• Motivated by spite or anger towards the owner
or occupant of the property burned (Sec. 4, PD
1613); and
• Committed by two or more persons, regardless
of their motive in burning, or that it may
constitute an overt act of another violation of
law (Sec. 1, PD 1744).
NOTES:
• Where death results from arson, the penalty
shall be reclusion perpetua to death. (Sec. 5,
PD 1613)
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ANTI-CHILD PORNOGRAPHY ACT OF 2009 (RA characteristic of which is the depiction, for a sexual
97751 purpose, of:
• the sexual organ or the anal region, or a
A. DEFINITION OF TERMS representation thereof; and
• the breasts, or a representation of the breasts,
A CHILD refers to: of a female person.
• a person below eighteen (18) years of age or
over, but is unable to fully take care of EXPLICIT SEXUAL ACTIVITY includes actual or
himself/herself from abuse, neglect, cruelty, simulated —
exploitation or discrimination because of a 20. sexual intercourse or lascivious act including, but
physical or mental disability or condition; not limited to, oral sex, between persons of the
• a person regardless of age who is presented, same or opposite sex;
depicted or portrayed as a child as defined 21. bestiality;
herein; and 22. masturbation;
• computer-generated, digitally or manually ,23. sadistic or masochistic abuse;
crafted images or graphics of a person who is 24. lascivious exhibition of the genitals, or other
represented or who is made to appear to be a private body parts; or
child as defined herein. (Sec. 3 [a], RA 9775) 25. use of any object or instrument for lascivious acts.
(Sec. 31c3, RA 9775)
CHILD PORNOGRAPHY:
• refers to any representation, whether visual, SYNDICATED CHILD PORNOGRAPHY
audio, or written combination thereof, by If carried out by a group of 3 or more persons
electronic, mechanical, digital, optical, conspiring or confederating with one another. (Sec. 5,
magnetic or any other means, of child engaged RA 9775)
or involved jn real or simulated explicit sexual
activities. (Sec. 3(b), RA 9775) B. PROHIBITED ACTS
26. To hire, persuade, induce or coerce a child to
CHILD PORNOGRAPHY MATERIALS: perform in the creation or production of any form
refers to the means and methods by which child of ohqo pornography;
pornography is carried out: 27. To produce or create any form of child
pornography;
18. As to form: 28. To publish, sell, distribute, broadcast, export or
(a) Visual depiction — not only images of real import any form of child pornography;
children but also digital images, computer 29. To possess any form of child pornography with the
images or computer-generated images; intent to sell, distribute, publish, or broadcast:
(b) Audio representation of a person who is or is Provided, that possession of three (3) or more
represented as being a child and who is articles of child pornography of the same form
engaged in or is represented as being shall be prima facie evidence of the intent to
engaged in explicit sexual activity, or an audio sell, distribute, publish or broadcast;
representation that advocates, encourages or 30. To provide a venue for the commission of
counsels any sexual activity with children prohibited acts such as, but not limited to, dens,
which is an offense under this Act; and private rooms, cubicles, cinemas, houses or in
(c) Written text or material that advocates or establishments purporting to be a legitimate
counsels explicit sexual activity with a child busin,ess;
and whose dominant characteristic is the 31. For film distributors, theaters and
description, for a sexual purpose, of an explicit telecommunication companies to distribute any
sexual activity with a child. form of child pornography;
32. For a parent, legal guardian or person having
19. As to content: custody or control of a child to knowingly permit
It includes representation of a person who is, appears to the child to engage in any form of child
be, or is represented as being a child, the dominant pornography;
33. To engage in the luring or grooming of a child;
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34. To engage in pandering of any form of child banks and any person who has direct
pornography; knowledge of any form of child pornography
35. To willfully access any form of child pornography; activities shall have the duty to report any
36. To conspire to commit any of the prohibited acts suspected child pornography materials or
stated in this section; and transactions to the proper authorities within 7
37. To possess any form of child pornography. (Sec. days from discovery thereof.
4, RA 9775) • Any willful and intentional violation of this
provision shall be subject to the penalty
REPORTORIAL REQUIREMENTS provided in this Act.
38. Internet Service Providers (ISPs) and Internet
Content Hosts (ICHs) END OF TOPIC
• All ISPs and ICHs shall notify the PNP or NBI
within 7 days from obtaining facts and
circumstances that any form of child
pornography is being committed using its
server or facility.
• The ISP or ICH is not required to engage in the
monitoring of any user, or the content of any
communication of any such user.
• No ISP or ICI I shall not be held civilly liable for
damages on account of any notice given in
good faith in compliance with this section.
• An ISP or ICH shall preserve such evidence for
purpose of investigation and prosecution by
relevant authorities.
• All ISPs or ICHs shall install available
technology, program or software to ensure that
access to or transmittal of any form of child
pornography will be blocked or filtered.
• An ISP or ICH who shall knowingly, willfully
and intentionally violate this provision shall
be subject to penalties.
39. Mall Owners/Operators and Owners or Lessors
of Other Business Establishments
• All mall owners/operators and owners or
lessors of other business establishments shall
notify the PNP or the NBI within 7 days from
obtaining facts and circumstances that child
pornography is being committed in their
premises.
• Public display of any form of child pornography
within their premises is a conclusive
presumption of the knowledge of their
knowledge of a violation of this Act
• There is a disputable presumption of the
knowledge that the mall owners/operators, etc.
should know or reasonably know that a
violation of this Act is being committed in their
premises.
• Photo developers, information technology
professionals, credit card companies and
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III. ANTI-FENCING LAW (PD 1612); AND ITS • Short of evidence establishing reasonable
IMPLEMENTING doubt of the existence of the essential
elements of fencing, there can be no
A. ELEMENTS OF FENCING (KRIB) conviction for such offense. XXX As
• The accused snows or should know that the complainant Rosita reported no loss, [the
article has been derived from the proceeds of Court] cannot hold for certain that there was a
the crime; committed crime of theft. The first element of
• Robbery or theft has been committed; the crime of fencing is absent. (Tan v. People,
• The accused has Intent to gain for himself or G.R. No. 134298, 1999).
for another; and
• The accused, who is neither a principal or END OF TOPIC
accomplice in the theft or. robbery, Buys,
receives er possesses, conceals, acquires,
keeps, sells or disposes or in any manner deals
with the proceeds of the crime
• Fence — includes any person, firm association,
corporation or partnership or other
organization who/which commits the act of
fencing. (Sec. 2, PD 1612)
B. PRESUMPTION OF FENCING
• Mere possession of any good, article, item,
object, or anything of value which has been the
subject of ro)Dbery or thievery shall be prima
facie evidence of fencing. (Sec. 5, PD 1612)
• Factors that are to be considered in justifying
the presymption include:
O the time and place of the sale, both of
which may not be in accord with the
usual practices of commerce;
O the nature and condition of the goods
sold;
O the fact that the seller is not regularly
engaged in the business of selling
goods (Ong v. People, G.R. No.
190475, April 10, 2013).
C. CLEARANCE OR PERMIT TO SELL

G All stores, establishments or entities dealing in
the buy and sell of any good, article, item,
object of value obtained from unlicensed
dealer or supplier:
• Must secure the necessary clearance or permit
from the station commander of the PNP in the
town or city where the store is located, before
offering the goods for sale to the public.
• Failure to secure such clearance or permit is
considered a punishable offense.
NOTES:
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IV. ANTI-GRAFT AND CORRUPT PRACTICES ACT accused acted with gross inexcusable
(RA 3019) negligence pace v. People, G.R. No.
166967).
A. DEFINITIONS Manifest Partiality— synonymous with "bias" (Fonacier
PUBLIC OFFICER — elective and appointive officials v. SB, G.R. No. L-50691, December 5, 1994).
and employees, permanent or temporary, whether in • Bad faith — imputes a dishonest purpose or
the classified or unclassified or exempt service some moral obliquity and conscious doing of
receiving compensation, even nominal, from the a wrong; it partakes of the nature of fraud (Id.).
government. • Gross negligence — as negligence
characterized by the want of even slight care,
RECEIVING ANY GIFT — includes the act of accepting acting or omitting to act in a situation where
directly or indirectly a gift from a person other than a there is a duty to act, not inadvertently but
member of the public officer's immediate family, or willfully and intentionally with a conscious
relative within the fourth civil degree, either by indifference to consequences in so far as
consanguinity or affinity, even on the occasion of a other persons may be affected (Id.)
family celebration or national festivity if the value of the • The inclusion of all the modes of violating
gift is manifestly excessive. Section 3(e) of R.A. 3019 in the charge sheet
is not equivalent to charging the accused with
GRAFT — Paying for something not technically illegal. 3 acts. The use of the three phrases "manifest
Ex. paying to get first in line. partiality," "evident bad faith" and "gross
inexcusable negligence" in the same
CORRUPTION — Paying for something illegal. Ex. information does not mean that the indictment
paying to acquire a driver's license despite not qualified charges three distinct offenses but only
due to age or other condition. implies that the offense charged may have
been committed through any of the modes
B. PERSONS LIABLE AND PUNISHABLE ACTS provided by the law. (Fonacier et al. v.
Sandiganbayan,G.R. No. L-50691)
1. Anypublic officer who shall perform any of the
• There is no attempted or frustrated stage of
following acts: PUB-FROGGER-IV (Sec. 3)
the crime defined in Sec. 3(e) of R.A. No.
3019.
(a) Directly or indirectly having financial or
pecuniary interest in any business, contract or
(c) Knowingly approving or granting any
transaction in connection with which he
license, permit, privilege, or benefit in
intervenes or take part in his official capacity,
favor of any person not qualified for or not
or in which he is prohibited by the constitution
legally entitled to such license, permit,
or by any law from having any interest.
privilege, or advantage, or of a mere
representative or dummy of one who is not so
NOTE: Actual intervention is required.
qualified or entitled.
(b) Causing any undue injury to anyparty,
(d) Accepting or having any member of his family
including the Government, or giving any
accept employment in a private enterprise
private party any unwarranted benefits, or
which has pending official business with him
preference in the discharge of his official
during the pendency thereof or within one
function through manifest partiality, evident
year after its termination.
bad faith or gross inexcusable negligence.
NOTE: The act is mala prohibita.
NOTES:
• A violation of Section 3(e) of R.A. No. 3019 may (e) Persuading, or influencing anotherpublic
be committed either by dab , as when the officer to perform an act constituting a
accused acted with evident bad faith or violation of rules and regulations duly
manifest partiality, or by cu/pa as when the promulgated by competent authority oran
offense in connection with the official duties
233
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of the latter, or allowing himself to be government and any other party wherein the
persuaded or influenced to commit such public officer in his official capacity has to
violation or offense. intervene under the law.
NOTE: Persuasion npe,d not be successful. NOTES:

• Sec. 3(b) of R.A. No. 3019, refers to a public
(f) Entering, C:01 behalf of theGovernment, into officer whose official intervention is required
any contract or twsaction manifestly and by law in a contract or transaction (Jaravata v.
grossly disadvantageous to the _same, Sandiganbayan G.R. L-56170, January 31,
whether or not the public Officer profited or will 1984)
profit thereby.
Lack of "demand" is immaterial since the
provision uses the word "or" between
NOTES:
relouesting and receiving.
• Determining whether _the contract was
• There must be a clear intention on the part of
manifestly and grossly-disadvantageous is not
the public officer to take the gift so offered and
merelybased on consideration of the pecuniary
consider it as his or her own property from
amount involved. (Mèrcos v. andiganbayan,
then on. Mere physical receipt is not sufficient
G.R. No. 126995, 1998)
that the crime has been committed. (Peligrino
• Section,3(g)atRA-3019 partakes of the nature
v. People G.R. 136266 August 31, 2001).
of mallim prohibitum (Go
• Conspiracy by silence and, inaction occurs
• v. Sandiganbayan, G.R. No. 172602,
when the accused are all heads of their
September 3, 2007).
respective offices that perform interdependent
• Section 3(g) of RA 3019 is for PUBLIC functions in the processing of cash advances
OFFICERS' ONLY. The liability, of private
and, exhibit an attitude of "buck- passing" [the
individuals w,ho participayted in the transaction
practice of shifting the responsibility for
must be established under, another MORE
something to someone else] in the face of the
appropriate provision, which is Section 4(b) of
irregularities (Jaca v. People, G.R. No.
RA 3019, for knowingly inducing or causing the
166967).
public officers to commit crimes punished
under Seaton 3(g) where criminal intent must (h) Directly, or indirectly requesting or
necessarily be proved. This is in clear receiving any gift, or other pecuniary or
recognition that Section 3(g), a ma/urn material benefit, for himself or for another,
prohibiturn, specifically applies to public from any person for whom the public
officers only (Id). officer, has secured or obtained, or will
• Where the government was amply protected in secure or obtain, any Government permit or
the subject transaction, and consequently the license, in consideration for the help given or
contract was not grossly and manifestly to be given.
disadvantageous to the government, it was
held that one of the elements of the crime, i.e., (i) Neglecting or refusing, after due demand or
that the contract or transaction is grossly and request, without sufficient justification, to act
manifestly disadvantageous to the within a reasonable time on any matter
government, is conspicyously missing (Friolan pending before him for the purpose of
v. Sancliganbayan, G.R. No. 115221) obtaining directly or indirectly, from any
• There is no need to prove the validity of the person interested in the matter some
contract or transaction. (Luciano v. Estrella, pecuniary or material benefit or advantage, or
G.R. No. L- 31622, August 31, 1970). for the purpose of favoring his own interest or
giving undue advantage in favor of or
(g) Directly_or indirectly requesting or receiving discriminating against any other interested
any gift, percentage, or benefit for himself or party.
for any other person in connection with any
contract or transaction between the
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(i) Directly or indirectly becoming interested, for • Any application filed by him, the approval of
personal gain, or having a material interest in which is not discretionary on the part of the
any transaction or act requiring the approval of official(s) concerned; AND
a board, panel, or group of which he is a • Any act lawfully performed in an official
member, and which exercises discretion in capacity or in the exercise of a profession.
such approval, even if he votes against the
same or does not participate in the action of • Any member of Congress, during the term
the board, committee, panel or group. for which he has been elected, who shall any
personal pecuniary interest in any specific
NOTE: Interest for personal gain shall be presumed business enterprise which shall be directly
against those public officers responsible for the benefited by any law or resolution
approval of manifestly unlawful, inequitable or irregular authored or recommended by him
transactions or acts by the board, panel, or group to previously or adopted by Congress during his
which they belong. term;
(k) Divulging valuable information of a confidential NOTE: Unlawful for such member of Congress or
character, acquired by his office or by him on other public officer, who, having such interest prior to
account of his official position to unauthorized the approval of such law or resolution authored or
persons, or releasing such information in recommended by him, continues for 30 days after
advance of its authorized release date. such approval to retain such interest.
2. Any person having family or close personal • Any public officer who shall fail to file a true,
relation with any public official who shall take detailed and sworn statement of assets
advantage of such personal relation by directly and liabilities (SALN) within 30 days after
or indirectly requesting or receiving any assuming office and thereafter on or
present, gift, or material, or pecuniary before the 15th day of April following the
advantage from any person having some
close of every calendar year, as well as upon
business, request, or contract with the the expiration of his term of office, or upon his
government in which such public official has resignation or separation from office.
to intervene.
NOTE: RA 6713 or the Code of Conduct and Ethical
3. Any person who shall knowingly induce or
Standards for Public Officials prescribed that a SALN
cause anypublic official to commit any of the
must be filed within thirty (30) days after assumption
offenses under Sec. 3 of RA 3019.
of office; on or before April 30, of every year thereafter;
and within thirty (30) days after separation from the
4. Spouse or any relative, by consanguinity or
service (Sec. 8 RA 6713).
affinity, within the 3rd civil degree, of the
President of the Philippines, the Vice-
C. PRIMA FACIE EVIDENCE OF AND DISMISSAL
President, the President of the Senate, or
DUE TO UNEXPLAINED WEALTH
Speaker of the House of Representatives, who
5. Public official found to have acquired during his
shall intervene, directly or indirectly, in any
incumbency, an amount of property and/or money
business transaction, contract or application
manifestly out of proportion to his income.
with the government.
6. Properties in the name of the spouse and
dependents of such public official may be taken
EXCEPTIONS TO #4: into consideration.
This prohibition shall NOT apply to: 7. Bank deposits in the name of or manifestly
• Any person who, prior to the assumption of excessive expenditures incurred by the public
office of any of the above officials to whom he official or any of their dependents.
is related, has been already dealing with the
government along the same line of business NOTES:
or pending at the time of such assumption of • Competent court is the Sandiganbayan.
public office;
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• Public officers charged under the Anti-Graft All public officials and employees required under this
law must first undergo a pre-suspension section to file the aforestated docurnepts shall also
hearing before being suspended. A pre- execute, within thirty (30) days from the date of their
suspension heaying is, required to determine assumption of office, the necessary authority in favor
the validity of the information. However, an of the Ombudsman to obtain from all appropriate
actual hearing is not necessary. All that is government agencies, including the Bureau of Internal
required is that the accused be given an Revenue, such documents as may show their assets,
opportunity to be heard. (Miguel v. liabilities, net worth, and also their business interests
Sandiganbayan, G.R. 1,72035).
• The prosecution of any offense or violation NOTES:
under the AMLA shall proceed independently e It includes salaries and benefits which he
of any proceesling relating to the unlawful failed to receive.
activity. (Section 6 (b), R.A. No. 10365 • The courts are not bound by the statement of
amending RA 9160, as amended). assets and liabilities filed.
• Penalty of forfeiture cannot be applied
D. PRESCRIPTIVE PERIOD: FIFTEEN (15) YEARS retroactively.
E. ACTS NOT COVERED BY THE LAW END OF TOPIC
Unsolicited gifts or presents of small or insignificant

value offered or given as a mere ordinary token of
gratitude of friendship according to local customs or
usage.
NOTES:
• No public officer shall be allowed to resign or
retire pending an investigation.
• Suspension while pending in court after valid
information (cannot be automatic), and loss of
benefits if convicted by final judgment,
maximum duratiop o5 preventive suspension is
90 days; acquittal, reinstatement and
F. STATEMENTS OF ASSETS AND LIABILITIES

(SEC. 8 OF RA 6713).
All public officials and employees, except those who
serve in an honorary capacity, laborers and casual or
temporary workers, shall file under oath their Statement
of Assets, Liabilities and Net Worth and a Disclosure of-
Business Interests and Financial Connections and
those of their spouses and unmarried children under
eighteen (18) years of age living in their households.
Shall be filed:
(a) within thirty (30) days after assumption of
office;
(b) on or before April 30, of every year thereafter;
and
(c) within thirty (30) days after separation from the
service.
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SAR OPERATIONS 2019 SPECIAL PENAL LAWS
V. ANTI-HAZING ACT OF pl §. (RA 8049 AS (PNPA), and other similar uniformed service
AMENDED BY RA 11053) learning institutions. (Sec. 2(c), RA 11053)
A. DEFINITION OF TERMS B. PROHIBITION ON HAZING

General Rule: All forms of hazing shall be prohibited
8. HAZING — Elements: in -
(a) Any act that results in physical or Fraternities, sororities, and organizations in
psychological suffering, harm, or injury; schools, including citizens' military training
(b) Inflicted on a recruit, neophyte, applicant, or and citizens' army training.
member; • All other fraternities, sororities, and
(c) As part of an initiation rite or practice made as organizations that are not school-based, such
a prerequisite for admission or a requirement as community-based and other similar
for continuing membership in a fraternity, fraternities, sororities and organizations.
sorority, or organization Including, but not Exemption: The physical, mental, and practices to
limited to paddling, whipping, beating, determine and enhance the physical, mental, and
branding, forced calisthenics, exposure to the psychological fitness of prospective regular members
weather, forced consumption of any food, of the AFP and the PNP as approved by the Secretary
liquor, beverage, drug or other substance, or of National Defense and National Police Commission,
any other brutal treatment or forced physical duly recommended by the Chief of Staff of the AFP
activity which is likely to adversely affect the and Director General of the PNP, shall NOT be
physical and psychological health of such considered as hazing purposes of this Act.
recruit, neophyte, applicant, or member. • The exemption shall likewise apply to similar
1. This shall also include any activity, procedures and practices approved by the
intentionally made or otherwise, by one respective heads of other uniformed learning
person alone or acting with others, that institutions as to their prospective members,
tends to humiliate or embarrass, degrade, nor shall this provision apply to any customary
abuse, or endanger, by requiring a recruit, athletic events or other similar contests or
neophyte, applicant, or member to do competitions or any activity or conduct that
menial, silly, or foolish tasks. (Sec. 2 [a], furthers a legal and legitimate objective,
RA 11053) subject to prior submission of a medical
clearance or certificate.
9. INITIATION OR INITIATION RITES • In no case shall hazing be made a
• Refer to ceremonies, practices, rituals, or other requirement for employment in any business
acts, weather formal or informal, that a person or corporation. (Sec. 3, RA 11053)
must perform or take part in order to be
accepted into fraternity, sorority, organization C. REGULATION OF SCHOOL-BASED INITIATION
as a full-fledged member. RITES
• It includes ceremonies practices, rituals, and
other acts in all stages of membership in a Initiation rites or practices that do not constitute hazing
fraternity, sorority, or organization. (Sec. 2 lb], shall be allowed provided the following requirements
RA 11053) have been met:
11. Written application to conduct initiation rites shall
10. ORGANIZATION be made to the proper authorities of the school
• An organized body of people which includes, not later than seven (7) days prior to scheduled
but it is not limited to, any club, association, initiation date;
group, fraternity, and sorority. 12. The written application shall indicate the place
• This term shall include the Armed Forces of the and date of the initiation rites and the names of
Philippines (AFP), the Philippine National- the recruits, neophytes, or applicants to be
Police (PNP), the Philippine Miltary Academy initiated and the manner by which they will
(PMA), the Philippine National Police Academy conduct the initiation rites;
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13. The initiation rites shall not last more than three can do so without peril to their person or their
(3) days; family:
14. The application -shall contain the names of the 20. The former officers, nonresident members, or
incumbent officers of the fraternity, sorority, or alumni of the fraternity, sorority, or
organization and any person or persons who will organization who are also present during the
take charge in the conduct of the initiation rites; hazing or after the commission of any of the
15. The application shall be under oath with a prohibited acts proscribed herein, will perform any
declaration that it has been posted in the official act to hide, conceal, or otherwise hamper or
school bulletin board, the bulletin-board of the obstruct any investigation;
office of the fraternity, sorority, or organization, 21.The officers or members of a fraternity,
and two (2) other conspicipus places in the school sorority, or organization who knowingly
or in the premises of the organization; and cooperated in carrying out the hazing by
16. The application shalt be_posted from the time of inducing the victim to be present thereat; and
submission of the written notice to the school 22. The members of the fraternity, sorority, or
authorities or head of organization and shall only organization who are present during the
be removed from its posting three (3) days-after hazing when they are intoxicated or under the
the conduct of the initiation rites. (Sec. 4, RA influence of alcohol or illegal drugs.
11053) 23. The owner or lessee of the place where hazing
is conducted if he has actual knowledge of the
MONITORING OF INITIATION RITES hazing conducted therein but failed to take any
• The head of the school or an authorized action to prevent the same from occurring or
representative must assign at least two (2) failed to promptly report the same to the law
representatives of the school to be present enforcement authorities if they can do so without
during the i_nitiation. peril to their person or their family.
• It is the duty of the school representatives to 24. The parents, if held in the home of one of the
see to it that no hazing is conducted during the officers or members of the fraternity, group, or
initiation rites and to document the entire organization, when they have actual knowledge
proceedings. the hazing conducted but failed to take any action
• The representatives who were present during to prevent the same failed to promptly report the
the initiation shall make a report of the initiation same to the law enforcement authorities if such
rites to the appropriate officials of the school parents can do so without peril to their person or
regarding the conduct of the said initiation. their family.
0 If hazing is still committed despite their 25, Any pprson who shall intimidate, threaten, force,
presence, no liability shall attach to or employ, or administer any form of vexation
them unless it is proven that they failed against another person for the purpose of
to perform an overt act to prevent or recruitment in joining or promoting a particular
stop the commission thereof. (Sec. 5, fraternity, sorority, or organization.
RA 11053)
NOTES:
D. WHO ARE LIABLE • Prima facie evidence of participation as
AS PRINCIPALS principal — The presence of any person, even
17. Persons who actually planned or participated in if such person is not a member of the
the conduct of the-hazing; fraternity, sorority, or organization, during the
18. The officers of the fraternity, sorority, or hazing UNLESS such person or persons
organization who are actually present during the prevented the commission of the acts
hazing; punishable herein or promptly reported the
19. The adviser of a fraternity, sorority, or same to the law enforcement authorities if
organization who was present but failed to take they can do so without peril, to their person or
action to prevent the same from occurring or failed their family.
to promptly report to the law enforcement • The above- mentioned liabilities shall apply to
authorities if such adviser or adviser or advisers the president, manager, director or other
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responsible officer of a corporation engaged in

hazing as a requirement for employment in the
manner provided herein.
• Any person charged under this provision shall
not be entitled to the mitigating circumstance
that there was no intention to commit so grave
a wrong.
• The incumbent officers of the fraternity,
sorority, or organization concerned shall be
jointly liable with those members who actually
participated in the hazing.
• In People v. CA (GR No. 154954, Feb. 2012),
it was held that violation of the law is ma/urn
prohibitum because the intent of the law is to
prevent or discourage members making hazing
a requirement prior to joining an organization.
• The persistent and repeated proposal or
invitation made to a person who had twice
refused to participate or join the proposed
fraternity, sorority, or organization, shall
be prima facie evidence of vexation.
AS ACCOMPLICES
• School authorities including faculty members
as well as barangay, municipal, or city officials
who consented to the hazing but failed to take
any action to prevent the same from occurring
or failed to promptly report to the law
enforcement authorities if the same can be
done without peril to their person or their family.
END OF TOPIC
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VI. THE ANTI- HIJACKING LAW (RA 6235)
A. PUNISHABLE ACTS
• by compelling a change in the course or
destination of an aircraft of Philippine registry,
or seizing or usurping the control thereof while
it is in flight;
• by compelling an aircraft of foreign registry to
land in Philippine territory or seizing or
usurping the control thereof while it is in the
said territory; (Sec. 1, RA 6235) and
• by shipping, loading, or carrying in any
passenger aircraft operating as a public utility
within the Philippin,es, any explosive,
flammable, corrosive or poisonous substance
or material. (Sec. 3, RA 6235)
NOTES: In flight means from the moment all exterior

doors are closed following embarkation until the same
doors are again opened for disembarkation.
Where aircraft is Wheie the

of Philippine aircraft is of
registry foreign registry
The offense must The offense
be committed need NOT take
while in flight, place while in
flight.
Hence, the act
must take place
after all exterior
doors are closed
following
embarkation.
B. QUALIFYING CIRCUMSTANCES:
• Firing upon the pilot, member of the crew or
passenger of the aircraft;
• Has exploded or attempted to explode any
bomb or explosive to destroy the aircraft; or
• The crime is accompanied by murder,
homicide, serious physical injuries, or rape.
END OF TOPIC
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VII. ANTI-PHOTO AND VIDEO VOYEURISM ACT OF (d) To copy or reproduce, or to cause to be
2009 (RA 9995) copied or reproduced, such photo or video or
recording of sexual act or any similar activity
A. Definition of Terms with or without consideration;
26. Broadcast - to make public, by any means, a (e) To sell or distribute, or cause to be sold or
visual image with the intent that it be viewed by a distributed, such photo or video or recording
person or persons. (Sec. 3 [a], RA 9995) of sexual act, whether it be the original copy
27. Capture - with respect to an image, means to or reproduction thereof; or
videotape, photograph, film, record by any means, (f) To publish or broadcast, or cause to be
or broadcast. (Sec. 3 [b], RA 9995) published or broadcast, whether in print or
28. Photo or video voyeurism — broadcast media, or show or exhibit the photo
(a) The act of taking photo or video coverage of a or video coverage or recordings of such
person or group of persons performing sexual sexual act or any similar activity through
act or any similar activity or of capturing an VCD/DVD, internet, cellular phones and other
image of the private area of a person or similar means or device. (Sec. 4, RA 9995)
persons without the latter's consent, under
circumstances in which such person/s Notes:
has/have a reasonable expectation of privacy; The prohibition under paragraphs (b), (c) and (d) shall
or APPLY notwithstanding that consent to record or take
(b) The act of selling, copying, reproducing, photo or video coverage of the same was given by
l)roadcasting, sharing, showing or exhibiting such person/s.
the photo or video coverage or recordings of
such sexual act or similar activity through END OF TOPIC
VCD/DVD, internet, cellular phones and
similar means or device without the written
consent of the person/s involved, even if
consent to record or take photo or video
coverage of same was given by such person's.
(Sec. 3 Xi, RA 9995)
29. Under circumstances in which a person has a
reasonable expectation of privacy means:
(a) Belief that he/she could disrobe in privacy,
without being concerned that an image or a
private area of the person was being captured;
or
(b) Circumstances in which a reasonable person
would believe that a private area of the person
would not be visible to the public, regardless of
whether that person is in a public or private
place. (Sec. 3 pi, RA 9995)
B. Punishable Acts
It is hereby prohibited and declared unlawful for any
person:
(c) To take photo or video coverage of a person
or group of persons performing sexual act or
any similar activity or to capture an image of
the private area of a person/s without the
consent of the person/s involved and under
circumstances in which the person/s has/have
a reasonable expectation of privacy;
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VIII. AN ACT DEFINING AND PENALIZING THE Any person who participated with the said public
CRIME OF PLIADER (RA 70.80) officer in the commission of plunder is also liable under
this law.
A. PUNISHABLE ACTS
ILL-GOTTEN WEALTH — any asset, property, B. ELEMENTS OF PLUNDER
business enterprise or material possession of any 36. Any public officer who, by himself or in
person acquired. byhim directly or indirectly through connivance with members of his family, relatives
dummies, nominees, agents, subordinates, and/or by affinity or consanguinity, business associates
business associates by any combination or series of and subordinates or other persons;
the following means or-similar schemes: 37. amasses, accumulates, or acquires ill- gotten
30. Through misappropriation,-conversion; misuse or wealth;
malversation of public funds; 38. through a combination or series of overt or
11. By receiving, directly or indirectly, any form of criminal acts as described under above; and
pecuniary benefit from any person and/or entity in 39. in the aggregate amount or total value of at least
connection with any government contract or 50 MILLION PESOS, shall be guilty of the crime
project or by\ reason of the office; Of plunder (RA 7659).
32. By the illegal or fraudulent conveyance or
disposition of government assets; C. JURISDICTION: Sandiganbayan
33. By obtaining, re,ceiving or accepting, directly or
indirectly, any form of interest or participation, D. RULE OF EVIDENCE
including the promise of future employment in any For purposes of establishing the crime of plunder, it
business enterprise or undertaking; shall not be necessary to prove each and every
34. By establishing agricultural, industrial or criminal act done, it being sufficient to establish
commercial monopolies or other combinations, beyond reasonable doubt a pattern of overt or criminal
and/or implementation of decrees and orders acts indicative of the overall unlawful scheme or
intended to benefit particular persons or special conspiracy.
interests; and
35. By taking undue advantage of official position, NOTES:
authority, relationship, connection or influence to • PLUNDER IS A CRIME MALUM IN SE. The
unjustly enrich himself or themselves. legislative declaration in R.A. No. 7659 that
plunder is a heinous offense implies that it is
COMBINATION — refers to at least two (2) acts falling a malum in se. For when the acts punished
under different categories of enumeration provided in are inherently immoral or inherently wrong,
sec. 1, par. (d). they are mala in se37 and it does not matter
that such acts are punished in a special law,
Example: raids on the public treasury in sec. 1, par. (d), especially since in the case of plunder the
and fraudulent conveyance of assets belonging to the predicate crimes are mainly male in se.
national government under sec. 1 par. (d), subpar. (3). (Estrada v. Sandiganbayan, G.R. No. 148530,
November 19, 2001)
SERIES — refers to two (2) or more overt or criminal • In the wheel or circle conspiracy, a person
acts falling under the same category of enumeration or a group ("hub") deals with 2 or more
found in sec. 1, par. (d), say, misappropriation, persons or groups ("spokes"), to achieve the
malversation and raids on the public treasury, all of common goal of amassing and accumulating
which falls under sec. 1, par. (d), subpar. (1). "Verily, ill-gotten wealth. A public officer need not be
had the legislature intended a technical or distinctive the "hub" because what Sec 2 merely requires
meaning for "combination" and "series", it would have is that the public officer must be in connivance
taken greater pains in speciaRy providing for it in the with others. In other words, such public
law." (Estrada v. Sandiganbayan, G.R. No. 148560,
officer, by his individual acts, agreed to
2001)
participate, directly or indirectly, in the
amassing, accumulation and acquisition
of ill-gotten wealth with others in a wheel
conspiracy either as a hub or part of
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spokes (Macapagal-Arroyo v. People, G.R.

No. 220598, April 18, 2017).
END OF TOPIC
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IX. ANTI-SEXUAL HARASSMENT ACT OF 1995 (RA 4. Refusal to grant the sexual favor results
7877) in classifying the employee which would
discriminate or deprive employment
A. COVERAGE OF SEXUAL HARASSMENT: opportunities or otherwise adversely
• Work, affect said employee
• Education or (b) Acts would impair the employee's rights or
• Training-Related privileges under existing labor laws;
(c) Acts would result in an intimidating, hostile, or
B. PERSONS LIABLE: offensive environment for the employee
• employer,
• employee. 41. EDUCATION OR TRAINING ENVIRONMENT:
• manager, (a) Against one who is under the care, custody
• supervisor, or supervision of the offender;
• agent of the employer, (b) Against one whose education, training,
• teacher, apprenticeship or tutorship is entrusted to
• instructor, the offender;
• professor, (c) Sexual favor is made a condition:
• coach, 1. giving of a passing grade or
• trainor, or 2. granting of honors and scholarships or
• any other person who, having [Allnauthority, 3. payment of a stipend, allowance or other
influence or moral ascendancy over another in benefits, privileges, or consideration
a work or training or education environment (d) The sexual advances result in an intimidating,
hostile or offensive environment for the
NOTES: student, trainee or apprentice (Sec. 3, RA
• The accused must demand, request or 7877)
otherwise require any sexual favor from the
other, regardless of whether the demand, NOTES:
request or requirement for submission is • Any person who directs or induces another to
accepted by the object of said Act (Sec. 3). commit any act of sexual harassment as
• It is not necessary that the demand, request or defined, or who cooperates in the commission
requirement of a sexual favor be articulated in thereof by another without which it would not
a categorical oral or written statement. It may have been committed, shall also be held liable
be discerned, with equal certitude, from the (Sec. 1)
acts of the offender (Domingo v. Rayala, G.R. • It is not essential that the demand, request or
No. 155831, February 18, 2008). requirement be made as a condition for
• Although the determination of employment continued employment or for promotion to a
rests on another person, if the accused's higher position. It is enough that the
recommendation would carry great weight the respondents acts result in creating an
requirement under this law would still be intimidating, hostile or offensive environment
fulfilled (Jacutin v. People, G.R. No. 140604, for the employee (Domingo v. Rayala, G.R.
March 6, 2002). No. 155831, February 18, 408).
C. ACTS PUNISHED 0.-DUTY OF THE EMPLOYER OR HEAD OF OFFICE

IN A WORK- RELATED, EDUCATION ORTRAINING
40. WORK-RELATED OR EMPLOYMENT
ENVIRONMENT
ENVIRONMENT:
42. To prevent or deter the commission of acts of
(a) Sexual favor is made as a condition:
sexual harassment and to provide the procedures
1. For Hiring or employment or
for the resolution, settlement or prosecution of
2. Re-employment or continued employment
acts of sexual harassment. The employer or head
or
of office shall:
3. Granting promotions, favorable
• Promulgate appropriate rules and
compensation, or privileges or
regulations in consultation with and jointly
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approved by the employees or students or

trainees, through their duly designated
representatives, prescribing the procedure for
the investigation of sexual harassment cases
and the administrative sanctions therefor.
43. Administrative sanctions shall not be a bar to
prosecution in the proper courts for unlawful acts
of sexual harassment.
• Create a committee on decorum and
investigation of cases on sexual harassment.
The committee shall conduct meetings to
increase understanding and prevent incidents
of sexual harassment and also conduct the
investigation of alleged cases constituting
sexual harassment.
E. LIABILITY OF THE EMPLOYER, HEAD OF OFFICE,

EDUCATIONAL OR TRAINING INSTITUTION
He shall be solidarily liable for damages if:
• Informed of such acts by the offended party
and
• No immediate action is taken
F. INDEPENDENT ACTION FOR DAMAGES

Nothing in this Act shall preclude the victim of work,
education or training-related sexual harassment from
instituting a separate and independent action for
damages and other affirmative relief.
NOTE: A person can institute an independent criminal,

civil, and administrative actions under this Act.
G. PRESCRIPTION: Three (3) years
END OF TOPIC
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X. ANTI-TORTURE ACT OF 2009 (RA 9745) UNDERMINE A PERSON'S DIGNITY AND

MORALE.
A. PUNISHABLE ACTS
Some Examples:
ELEMENTS — TORTURE • Blindfolding;
44. Any act by which severe physical or mental pain or • Threatening a person(s) or his/her relative(s)
suffering; with bodily harm, execution or other wrongful
45. 1s inflicted y or at the instigation of or with the acts;
consent or acquiescence of a person in authority
• Confinement in solitary cells or secret
or his agent;
detention places;
46. Intentionally inflicted on a person; • Shame infliction such as stripping the person
47. For the purpose of:
raked, parading him/her in public places,
(a) Obtaining information or a confession;
sh9ving the victim's head or putting marks on
(b) Punishment for an act he or a third person has
his/her body against his/her will;
committed, or is suspected of having
• Deliberately prohibiting the victim to
committed;
communicate with any member of his/her
(c) Intimidation or coercion; and
family; and
(d) Any reason based on discrimination of any
• Other en*gous acts of mental/psychological
kind. (Sec. 31-4, RA 9745)
torture.
B. ACTS OF TORTUR,E
48. PHYSICAL TORTURE 7 FORM OF TREATMENT 50. OTHER CRUEL, INHUMAN AND DEGRADIN
OR PUNISHMENT INFLICTED BY A PERSON IN TREATMENT OR PUNISHMENT (CIDT):
AUTHORITY UPON ANOTHER IN HIS 51. Deliberate and aggravated treatment or
CUSTODY THAT CAUSES SEVERE PAIN, punishment (not enumerated under sec. 4);
EXHAUSTION, DISABILITY OR DYSFUNCTION 52. Inflicted by person in authority or his agent;
IN ONE OR MORE PARTS OF THE BODY. 53. Against a person in custody; and
54. Attaining the level of severity sufficient to cause
Some Examples: suffering, gross humiliation or debasement to the
latter. (Sec. 3 lb] / Sec. 5, RA 9745)
• Systematic beating, head banging, punching,
kicking, striking with truncheon or rifle butt or
NOTES:
other similar objects;
• The assessment of the level of severity shall
• Food deprivation or forcible feeding with
depend on all the circumstances of the case,
spoiled food, animal or human excreta and
in
other stuff OF substances not normally eaten;
o Duration of the treatment or
• Electric shock;
punishment;
• The use of psychoactive drugs to change the
o Effects, physical and mental; and
perception, memory, Alertness or Will of A
O In some cases: the sex, religion, age
Person, such as:
and state of health of the victim.
• The administration or drugs to induce
• If torture resulted to the death of the victim, the
confession and/or reduce mental competency;
criminal will be punished under RA 9745.
or
(Sec. 14, RA 9745)
• The use of drugs to induce extreme pain or
• Torture as a crime shall not absorb or shall not
certain symptoms of a disease; and
be absorbed by any other crime or felony
• Other analogous acts of physical torture.
committed as a consequence, or as a means
in the conduct or commission. The penalties
49. MENTAL/PSYCHOLOGICAL TORTURE - ACTS
shall be imposable without prejudice to any
COMMITTED BY A PERSON IN AUTHORITY OR
other criminal liability provided for by domestic
HIS AGENT WHICH ARE CALCULATED TO
and international laws. (Sec. 15, RA 9745)
AFFECT OR CONFUSE THE MIND AND/OR
C. PROHIBITED DETENTION
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Secret detention places, solitary confinement,

incommunicado or other similar forms of detention,
where torture may be carried out with impunity are
hereby prohibited.
NOTES:
• The PNP, AFP and other law enforcement
agencies concerned shall make an updated list
of all detention centers and facilities under their
respective jurisdictions with the corresponding
data on prisoners or detainees incarcerated or
detained therein.
• This list shall be available to the public at all
times and updated by the same agencies every
5 days of the month at the minimum.
END TOPIC
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XI. ANTI-TRAFFICKING IN PERSONS ACT OF 2003 o To believe that if the person did not
IRA 9208,- AS AMEND'ED4i" RA 10364) perform such labor or services, he or
she or another person would suffer
A. DEFINITION OF TERMS serious harm or physical restraint; or
Trafficking in Persons — Elements: o To abuse or threaten the use of law or
1. Recruitment, transportation, transfer or harboring, the legal processes; and
or receipt of persons; • Or adopt a child for purposes of exploitation
2. With or without the victim's consent or knowledge;
or trading them, including but not limited to,
3. Within or across national borders the act of baring and/or selling a child for any
4. By means of threat or use of force, or other forms consideration or for barter for purposes of
of coercion, abduction, fraud, deception, abuse of exploitation. Trafficking for purposes of
power or of position, taking advantage of the exploitation of children shall include:
vulnerability of the person, or, the giving or o All forms of slavery or practices
receiving of payments or benefits to achieve the
similar to slavery, involuntary
consent of a person having control over another servitude, debt bondage and forced
person
labor, including recruitment of
5. For the purpose of exploitation which includes at a children for use in armed conflict;
minimum, the exploitation or the prostitution of o The use, procuring or offering of a
others or other forms of sexual exploitation, forced
child for prostitution, for the
labor or services, slavery, servitude or the removal
production of pornography, or for
or sale of organs.
pornographic performances;
o The use, procuring or offering of a
The recruitment, transportation, transfer, harboring or
child for the production and trafficking
receipt of a child for the purpose of exploitation shall
of drugs; and
also be considered as "trafficking in persons" even if it
o The use, procuring or offering of a
does not involve any of the means set forth in the
child for illegal activities or work
preceding paragraph. (Sec. 3 [a], RA 9208, amended)
which, by its nature or the
circumstances in which it is carried
B. PUNISHABLE ACTS
out, is likely to harm their health,
It shall be unlawful for any person, natural or juridical,
safety or morals;
to commit any of the following acts:
(b) For the purpose of acquiring, buying, offering,
(a) To recruit, obtain, hire, provide, offer,
selling or trading him/her to engage in
transport, transfer, maintain, harbor, or
prostitution, pornography, sexual exploitation,
receive:
forced labor, slavery, involuntary servitude or
• A person by any means, including those done
debt bondage:
under the pretext of domestic or overseas
• To introduce or match for money, profit, or
employment or training or apprenticeship, for
material, economic or other consideration,
the purpose of prostitution, pornography, or
any person or any Filipino woman to a
sexual explpitation;
foreign national, for marriage;
• Or abduct a person, by means of threat or use • To offer or contract marriage, real or
of force, fraud, deceit, v,iolence, coercion, or
simulated;
intimidation for the purpose of removal or sale
• To adopt persons by any form of
of organs of said person;
consideration;
• Or adopt a child to engage in armed activities
• To adopt or facilitate the adoption of
in the Philippines or abroad;
persons;
• A person by means defined in Section 3 of this
(c) To undertake or organize tours and travel
Act for purposes of forced labor, slavery, debt
plans consisting of tourism packages or
bondage and involuntary servitude, including a
activities for the purpose of utilizing and
scheme, plan, or pattern intended to cause the
offering persons for prostitution, pornography
person either:
or sexual exploitation;
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(d) To maintain or hire a person to engage in in evidence for the purpose of proving consent of the
prostitution or pornography; victim to engage in sexual behavior, or to prove to
(e) To organize or direct other persons to commit predisposition, sexual or otherwise, of a trafficked
the offenses defined as acts of trafficking person.
under this Act. (Sec. 4, RA 9208, as amended)
The consent of a victim of trafficking to the intended
C. QUALIFIED TRAFFICKING (PIMP- SCAM-D60) exploitation shall be irrelevant where any of the means
• When adoption was used for Prostitution, of trafficking has been used.
pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage NOTES:
• By reason of trafficking, victim dies, becomes • Trafficked persons shall not be penalized for
Insane, suffers mutilation or is afflicted with HIV unlawful acts committed as a direct result or
or AIDS incident, or in relation to being trafficked
• Trafficked person is recruited to engage in enumerated in this act. In this regard, the
prostitution with any member of the Military or consent of a trafficked person to the intended
law enforcement agencies exploitation set forth in this Act shall be
• Offense is committed by a Public officer or irrelevant.
employee • Given the broad definition of recruitment and
• Crime effected through Syndicate or in large placement, even the mere act of referring
scale someone for placement abroad can be
• Trafficked person is a Child considered recruitment. Such act of referral,
• Offender is a spouse, ascendant, parent, in connivance with someone without the
sibling, guardian, or a person who exercised requisite authority or POEA license,
Authority over the trafficked person constitutes illegal recruitment. In its simplest
• Offender is a member of the Military or law terms, illegal recruitment is committed by
enforcement agencies persons who, without authority from the
government, give the impression that they
• Offender Directs or through another manages
the trafficking victim in carrying out the have the power to send workers abroad for
exploitative purpose of trafficking employment purposes. (People v. LaIli, G.R.
No. 195419, 2011)
• Offender commits one or more punishable acts
over a period of 60 or more days, whether • LaIli, Aringoy and Relampagos have
those days are continuous or not (Sec. 6, RA conspired and confederated with one another
9208, as amended) to recruit and place Lolita for work in Malaysia
without a POEA license. The three elements
D. LEGAL PROTECTION of syndicated illegal recruitment are present in
Trafficked persons shall not be penalized for unlawful this case:
acts committed as a direct result or incident, or in - o The accused have no valid license or
relation to being trafficked enumerated in this act. In authority required by law to lawfully
this regard, the consent of a trafficked person to the engage in recruitment and placement
intended exploitation set forth in this Act shall be of workers
irrelevant. o The accused engaged in recruitment
and place by actually recruiting,
Victims of trafficking for purposes of prostitution as deploying, and transporting Lolita to
defined under Section 4 of this Act are not covered by Malaysia
Article 202 of the Revised Penal Code and as such, o Illegal recruitment was committed by
shall not be prosecuted, fined, or otherwise penalized three persons, conspiring and
under the said law. confederating with one another.
(People v. LaIli, G.R. No. 195419,
E. IRRELEVANCE OF PAST SEXUAL BEHAVIOR 2011)
The past sexual behavior or the sexual predisposition
of a trafficked person shall be considered inadmissible END OF TOPIC
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XII. ANTI-VIOLENCE AGAINST WOMEN AND 1. The woman believes that the violence
CHILDREN ACT OF 2004 (RA 9262) was her fault;
2. She has an inability to place the
A. DEFINITION OF TERMS responsibility for the violence elsewhere;
3. She fears for her life and/or her children's
6. VIOLENCE AGAINST WOMEN AND THEIR life; and
CHILDREN 4. She has an irrational belief that the
Refers to any act or a series of acts committed by any abuser is omnipresent and omniscient.
person
(a) Against: 8. BATTERY
1. a woman who is his wife, or Refers to any act of inflicting physical harm upon the
2. former wife, or woman or her child, resulting to a physical and
3. against a woman with whom the person psychological or emotional distress.
has or had a sexual or dating relationship,
or 9. PHYSICAL VIOLENCE
4. with whom he has a common child, or Refers to acts that include bodily or physical harm
5. against her child whether legitimate or
illegitimate, within or without the family 10. SEXUAL VIOLENCE
abode Refers to an act which is sexual in nature, committed
(b) which result in or is likely to result in against a woman or her child
1. physical or
2. sexual, or 11. PSYCHOLOGICAL VIOLENCE
3. psychological or Refers to acts or omissions causing or likely to cause
4. economic violence. mental or emotional suffering of the victim such as but
not limited to intimidation, harassment, stalking,
NOTES: damage to property, public ridicule or humiliation,
• Women may be held liable under the law for repeated verbal abuse and mental infidelity. It includes
lesbian relationships. (Barangay Protection causing or allowing the victim to witness the physical,
Order RA 9262: A Primer. Department of sexual or psychological abuse of a member of the
Interior and Local Government, National family to which the victim belongs, or to witness
Barangay Operations Office, 2004.) pornography in any form or to witness abusive injury
• While the said provision provides that the to pets or to unlawful or unwanted deprivation of the
offender be related or connected to the victim right to custody and/or visitation of common children.
by marriage, former marriage, or a sexual or
dating relationship, it does not preclude the 12. ECONOMIC ABUSE
application of the principle of conspiracy Refers to acts that make or attempt to make a woman
under the RPC. Hence, parents-in-law may be financially dependent.
punished under the said law. (Go-Tan v. Tan,
G.R. No. 168852, 2008). Ex. Withdrawal of financial support, preventing the
victim from engaging in any legitimate profession, or
7. BATTERED WOMAN SYNDROME destroying household property.
Refers to a scientifically defined pattern of
psychologically and behavioral symptoms found in 13. DATING RELATIONSHIP
women living in battering relationships as a result of Refers to a situation wherein the parties live as
cumulative abuse husband and wife without the benefit of marriage or
(a) Cycle of Violence are romantically involved over time and on a
1. Tension building phase; continuing basis during the course of the relationship.
2. Acute battering incident; and
3. Tranquil, loving phase (non-violent phase). A casual acquaintance or ordinary socialization
(People v. Genosa, G.R. No. 1395981, between two individuals in a business or social context
2004) is NOT a dating relationship.
(b) Characteristics of the syndrome
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BAR pPERATIONS 2019 SPECIAL PENAL LAWS
notwithstanding the absence of any of the elements

14. SEXUAL RELATIONS for justifying circumstances of self-defense under the
Refers to a single sexual act which may or may not RPC. (Sec. 26, RA 9262)
result in the bearing of a common child.
END OF TOPIC
15. PROTECTION ORDERS
Refers to Orders issued under this act for the purpose
of preventing further acts of violence against a woman
or her child specified in Section 5 of this Act and
granting other necessary relief. The relief granted
under a protection order serves the purpose of
safeguarding the victim from further -harm, minimizing
any disruption in the victim's daily life, and facilitating
the opportunity an ability of-the victim to independently
regain control over her life. The provisions of the
protection order shall be enforced by law enforcement
agencies.
B. PUNISHABLE ACTS (PARS]

16. Attempting, causing or threatening physical harm
to the woman or her child;
17. Attempt to or compel the woman or her child to
engage in conduct which the woman or her child
has the right to desist.
18. Causing or attempting to cause the woman or her
child to engage in any sexual activity which does
not constitute rape
19. Engaging in conduct that alarms or causes
substantial emotional or psychological distress to
the woman or her child, including but not limited to:
(a) Stalking or following the woman or her child in
public or private places;
(b) Peering in the window or lingering outside the
residence of the woman or her child;
(c) Entering or remaining in the dwelling or on the
property of the woman or her child against
her/his will;
(d) Destroying the properity and personal
belongings or inflicting harm to animals or pets
of the woman or her child; and
(e) Engaging in any form of harassment or
violence;
(f) Causing mental or emotional anguish, public
ridicule or humiliation to the woman or her
child.
Note: See Sec. 5 of RA 9262 for the complete list of

punishable acts.
C. BATTERED WOMAN SYNDROME AS A DEFENSE

Victim-survivors suffering from battered woman
syndrome do not incur any criminal and civil liability
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XIII. BOUNCING CHECKS LAW (BP 22) PLUS (e) The payee or holder of the dishonored
ADMINISTRATIVE CIRCULAR NO. 12-2000 RE: check gives a written notice of dishonor
PENALTY FOR VIOLATION OF BP 22 AND and demand for payment
ADMINISTRATIVE CIRCULAR NO. 13-2001 RE: (f) After receipt of the written notice and
CLARIFICATION OF ADMIN. CIR. NO. 12-2000. AND demand, refuses or fails to pay the value
PD 1689 (INCREASING THE PENALTY FOR CERTAIN of the check within 5 banking days.
FORMS OP SWINDLING
, OR ESTAFA1
B. EVIDENCE OF KNOWLEDGE OF INSUFFICIENT
A. PUNISHABLE ACTS FUNDS
20. By making or drawing and issuing a check to The making, drawing and issuance of a check
apply on account or for value knowing at the payment of which is refused by the drawee because
time of issue that the check is not sufficiently of insufficient funds in or credit with such bank, when
funded presented within 90 days from the date of check, shall
be prima facie evidence of knowledge unless such
Elements: (Sec. 1, par. 1 of BP 22) maker or drawer pays the holder the amount due, or
(a) Any person makes or draws and issues a makes arrangement, within 5 banking days after
check to apply on account or for value receiving the notice of dishonor.
(b) At which time, he had knowledge that he
does not have sufficient funds in the drawee C. DEFENSES AGAINST BP 22
bank for the payment of such check in full 22. The check was not issued to apply to an account
upon its presentment or for value but as a guarantee
(c) The (a) drawee bank dishonors the check for 23. deposit (Magno v. CA, G.R. No. 96132, June
insufficiency of funds, lack of funds, or account 26,1992)
closed; or (b) would have been dishonored 24. The required notice of disallowance (nod) has not
for the same reason had not the drawer, been given. The drawer should be given nod to
without any valid reason, ordered the bank to give him the opportunity to make good the value
stop payment. of the check within 5 banking days.
(d) The payee or holder of the dishonored check 25. The dishonor of the check was not due to
gives a written notice of dishonor and insufficiency of funds
demand for payment 26. The check was presented for payment beyond
(e) After receipt of the written notice and demand, 180 days from maturity.
refuses or fails to pay the value of the 27. Valid cause to stop payment.
check within 5 banking days 28. Complainant was informed by issuer beforehand
that the account had closed.
2/. By having sufficient funds in or credit with the 29. The complainant is the actual or potential
drawee bank but failing to keep sufficient wrongdoer or he has no more right to encash
funds or to maintain a credit to cover the full payment.
amount of the check when presented to the
drawee bank within a period of 90 days. D. DISTINGUISH ESTAFA UNDERTHE RPC AND
(Cueme v. People, G.R. no. 133325, 2000) B.P. 22:
Elements: (Sec. 1, par. 2 of BP 22) Estafa under the Estafa under

(a) Any person makes or draws and issues a RPC B.P.
check 22
(b) He had sufficient funds in or credit with the The check is issued The check can be
drawee bank concurrently and issued even in
(c) He failed to keep sufficient funds or to reciprocally in payment for a pre-
maintain a credit to cover the full amount of payment, never for a existing obligation;
the check if presented within 90 days from pre-existing
the date appearing thereon obligation;
(d) The drawee bank dishonors the check for Damage and deceit Damage or deceit is
such reason are elements of the immaterial;
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crime;
Crime is against qrime is against
property; pubjic interest —
prejudice to the
economy and the
banking system;
The drawer and Only the drawer is
indorser are both liable;
liable;
Drawer has 3 days Drawer has 5days
from notice of from notice of
dishonor to make dishonor to make
good the check; and good the check; and
Ma/urn in se Malurn Prohibitum
NOTES:
• In Lim v. Pepple, the court held that payment
made AFTER the 5 banking _days provided by
law and BEFORE the filing of the information
was held to have exonerated the accused. In
effect, the payment of,the checks before the
filing of the informations has already attained
the purpose of the law. It should be
emphasized as well that payment of the value
of the bounced check after the information-has
been filed in court would no longer have the
effect of exonerating the accused from
possible conyiction for violation of B.P. Blg. 22.
Since from the commencement of the criminal
proceecilings in court, there is no circumstance
whatsoever to show that the accused had
every intention to mitigate or totally alleviate
the ill effects of his issuance of the unfunded
check, then there is no equitable and
compelling reason to preclude his prosecution.
In such a case, the letter.of the law should be
applied to its full extent. (Lim v. People, G.R.
No. 190834, 2014)
• One can be convicted for estafa and violating
BP 22; no double jeopardy. It is expressly
provided in BP 22that, "Prosecution under this
Act shall be without prejudice to any liability for
violation of any provision of the RPC." (Nierras
v. Dacuycuy, G.R. Nos. 59568-76, 1990)
END OF TOPIC
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XIV. COMPREHENSIVE DANGEROUS DRUGS ACT 37. UNNECESSARY PRESCRIPTION

OF 2002 (RA9165) AMENDED BY RA 10640 To prescribe any dangerous drug to any person
whose physical or physiological condition does not
A. DEFINITON OF TERMS require the use or in the dosage prescribed therein.
30. CHEMICAL DIVERSION
Refers to the sale, distribution, supply or transport of 38. UNLAWFUL PRESCRIPTION
legitimately imported, in-transit, manufactured or Any person, who, unless authorized by law, shall
procured controlled precursors and essential make or issue a prescription or any other writing
chemicals, in diluted, mixtures or in concentrated form, purporting to be a prescription for any dangerous drug.
to any person or entity engaged in the manufacture of
any dangerous drug, and shall include packaging, 39. CHAIN OF CUSTODY
repackaging, labeling, relabeling or concealment of The duly recorded authorized movements and
such transaction through fraud, destruction of custody of seized drugs or controlled chemicals or
documents, fraudulent use of permits, misdeclaration, plant sources of dangerous drugs or laboratory
use of front companies or mail fraud. equipment of each stage, from the time of
seizure/confiscation to receipt in the forensic
31. DEN, DIVE OR RESORT laboratory to safekeeping to presentation in court for
Refers to a place where any dangerous drug and/or destruction. Such record of movements and custody
controlled precursor and essential chemical is of seized item shall include the identity and signature
administered, delivered, stored for illegal purposes, of the person who held temporary custody of the
distributed, sold or used in any form. seized item, the date and time when such transfer of
custody were made in the course of safekeeping and
32. DRUG SYNDICATE use in court as evidence, and the final disposition.
Any organized group of two (2) or more persons (Section 1(b) of Dangerous Drugs Board Regulation
forming or joining together with the intention of No. 1, Series of 2002)
committing any offense prescribed under this Act.
B. PUNISHABLE ACTS
33. FINANCIER 40. Importation of dangerous drugs and/or controlled
Any person who pays for, raises or supplies money for, precursors and essential chemicals, regardless of
or underwrites any of the illegal activities prescribed quantity orpurity involved. The maximum penalty
under this Act. shall be imposed when:
(a) Done through the use of a diplomatic
34. PROTECTOR/CODDLER passport, diplomatic facilities, or any other
Any person who knowingly and willfully consents to the means involving an offenders' official status
unlawful acts provided for in this Act and uses his/her intended to facilitate unlawful entry; and
influence, power or position in shielding, harboring, (b) Acting as organizer, manager, or financier.
screening or facilitating the escape of any person 41. Sale, trading, administration, dispensation,
he/she knows, or has reasonable grounds to believe on delivery, distribution and transportation of
or suspects, has violated the provisions of this Act in dangerous drugs and/or controlled precursors
order to prevent the arrest, prosecution and conviction and essential chemicals. The maximum penalty
of the violator. shall be imposed when:
(a) It transpires within one hundred (100) meters
35. CONFIRMATORY TEST from the school.
An analytical test using a device, tool or equipment with (b) Using minors or mentally incapacitated
a different chemical or physical principle that is more individuals as runners, couriers and
specific which will validate and confirm the result of the messengers, or in any other capacity.
screening test. (c) The victim of the offense is a minor or a
mentally incapacitated individual, or should a
36. SCREENING TEST dangerous drug and/or a controlled precursor
A rapid test performed to establish and essential chemical involved in any
potential/presumptive positive result. offense herein provided be the proximate
cause of death of a victim.
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42. Acting as organizer, manager, or financier. (Sec. 53. Use of Dangerous Drugs, after being found
5, RA 9165) positive via a confirmatory test. (Sec. 15, RA
43. Maintenance of a Den, Dive or Resort. The 9165)
maximum-penalty shall be i,mposed when: 54. Cultivation or Culture of Plants Classified as
(a) Any dangerous drug is administered, delivered Dangerous Drugs or are Sources thereof.
or sold to a minor who is allowed to use the 55. Failure to maintain or keep original rec-ords of
same in such a place. transactions on Dangerous-Drugs and/or
(b) Acting as organizer, manager, or financier. controlled precursors and essential chemicals
44. Being an employee of a den, dive or resort, who is 56. Unnecessary prescription of dangerous drugs
aware_ of the nature-of the plage as such. 57. Unlawful prescription of drugs
45. Any person who, not being included in the
provisions of the next preceding paragraph, is C. CHAIN OF CUSTODY
aware of the nature of the place as such and shall 58. PURPOSE
knowingly visit the same. Statutory rules on preserving the chain of custody of
46. Manufacture of Dangerous Drugs and/or confiscated prohibited drugs and related items are
Controlled Precursors and Essential Chemicals. designed to ensure the integrity and reliability of the
47. Illegal Chemical Diversion of Controlled evidence to be presented against the accused. Their
Precursors a‘nd Essential Chemicals observance is the key to the successful prosecution of
48. Manufacture or Delivery of Equipment, Instrument, illegal possession or illegal sale of prohibited drugs
Apparatus, and Other Paraphernalia for (People v. Relato, G.R. No. 173794, 2012).
Dangerous Drugs and/or Controlled Precursors
and Essential Chemicals. The maximum penalty 59. SUMMARY OF THE RULE
shall be imposed when: • Initial custody by the police or PDEA
(a) Any person, who uses a minor or a mentally apprehending team with inventory and
incapacitated individual to deliver such photographs done in the presence of:
equipment, instrument, apparatus and other o the accused, or his/her
paraphernalia for dangerous drugs. representative or counsel with:
49. Possession of Dangerous Drugs, regardless of • An elected public official, or
purity of the quantities laid down in the Act. (Sec. • Representative of the
11, RA 9165) National Prosecution
(a) If a-person who has tested positive is also Service, or
found in possession of dangerous drugs, he • The media.
should be prosecuted under possession. • This must be conducted at the place where
Hence, USE is subsumed by POSSESSION. the search warrant is served, or nearest
50. Possession of equipment, instrument, apparatus police station, or nearest office of the
and' other paraphernalia for fit or intended for apprehending officer/team.
smoking, consuming, administering, injecting, • Provided, that non-compliance with
ingesting, or introducing any dangerous drug into
these requirements under justifiable
the body.
grounds, as long as the integrity and the
51. Possession of dangerous drugs during parties,
evidentiary value of the seized items are
social gatherings or meetings, or in the proximate
properly preserved by the
company of at least two (2) persons, regardless
apprehending officer/team, shall not
of quantity and purity, shall suffer maximum
render void and invalid such seizures
penalty.
and custody over said items (People v.
52. Possession of equipment, instrument, apparatus
Dahil, G.R. No. 212196, January 12,
and other paraphernalia for fit or intended for
2015).
smoking, consuming, administering, injecting,
• Within 24 hours from seizure, items must
ingesting, or introducing any dangerous drug into
the body, during parties, social gatherings or be submitted to the PDEA Forensic
meetings, or in the proximate company of at least laboratory for examination.
two (2) persons, shall suffer maximum penalty. • Immediately upon receipt of the subject
item/s, a certification under oath of the
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forensic laboratory examiner shall be made. court. (People v. Watamama, G.R. No.
o A partial lab certification shall be 18871, 2014)
provisionally issued if the volume
does not allow completion of testing D. ELEMENTS OF SALE OF ILLEGAL DRUGS
within the time frame, but a final The essential elements to be established in the
certification shall be issued prosecution of illegal sale of marijuana are as follows:
immediately upon completion of said (ID)
examination and certification. 61. Identity of the buyer and the seller, the object of
• Within 72 hours from filing of criminal case, the sale and the consideration;
an ocular inspection shall be made. 62. Qelivery of the thing sold and the payment
• Within 24 hours from filing of ocular, the therefor (People of the Philippines v. Teofilo
drugs seized must be by the PDEA in the Honrado and Romulo Honrado, G.R. No. 182197,
presence of the accused or the person/s 2012)
from whom such items were confiscated
E. ELEMENTS OF ILLEGAL POSSESSION OF
and/or seized, or his/her representative or
DRUGS
counsel, a representative from the media
Illegal possession of prohibited or regulated drugs is
and the DOJ, civil society groups and any
committed when the following elements concur:
elected public official.
(PAN)
• A representative sample in min. quantity 63. Possession of an item or object by the accused
shall be retained. Those that belong to which is identified to be a prohibited drug;
lawful commerce shall be donated or 64. Accused freely and consciously possessed the
recycled for legitimate purposes. said drug (People v. Velazquez, G.R. No.
• Sworn certification of destruction shall be 177244, 2012).
issued by the Board and submitted to the 65. Not authorized by law; and
court with jurisdiction of the case, along with
the sample. F. OTHER PERSONS LIABLE
• Accused or representative are allowed to 66. Public officer or employee who misappropriates,
observe proceedings. If accused has no misapplies or fails to account for confiscated,
counsel within 72hrs from written notice seized, or surrendered dangerous drugs
prior to destruction, court shall appoint a 67. Any elective local or national official who have
counsel from PAO. benefited from the proceeds of trafficking of
• Within 24 hours from receipt of judgment — dangerous
trial prosecutor shall inform the Board and 68. If the violation of the Act is committed by a
request for leave to turn over the samples to partnership, corporation, association or any
PDEA for destruction. judicial person, the partner, president, director, or
manager who consents to or knowingly tolerates
60. LINKS THAT THE PROSECUTION MUST such violation shall be held criminally liable as co-
ENDEAVOR TO ESTABLISH WITH RESPECT principal.
TO THE CHAIN OF CUSTODY IN A BUY-BUST 69. Any person who is found guilty of "planting" any
OPERATION: dangerous drugs and/or controlled precursor and
(a) Seizure and marking of the illegal drug essential chemicals, regardless of quantity or
recovered from the accused by the purity (penalty of death).
apprehending officer 70. Any person violating a regulation issued by the
(b) Turnover of the illegal drug seized by the Dangerous Drugs Board.
apprehending officer to the investigating officer 71. Any person authorized to conduct drug test who
(c) Turn over by the investigating officer of the issues false or fraudulent drug test results
illegal drug to the forensic chemist for knowingly, willfully or through gross negligence.
laboratory examination 72. Any government officer tasked with the
(d) Turnover and submission of the marked illegal prosecution of drug-related cases under this Act
drug seized by the forensic chemist to the who delays or bungles the prosecution.
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G. CONDITIONS FOR EXEMPTION FROM CRIMINAL

LIABILITY UNDER THE VOLUNTARY SUBMISSION
PROGRAM (C-PEN)
73. He has gomplied with tile rulps and regulations of
the rehabilitation center, including the rules of the
after-care and follow-up program;
74. He has never been charged or convicted of any
offense punishable under the Dangerous Drug
Act, the RP , or other special penal laws;
75. He has no record of scape from a center, or in
the event of an escape, he surrendered
himself/herself within a week; and
76. He noses no serious danger to himself/herself.
his/her family or the community by his/her
exemption from criminal liability.
NOTES:
"While testimony about a perfect chain is not always the
standard because it is almost always impossible to
obtain, an unbroken chain of custody becomes
indispensable and essential when the item of real
evidence is not distinctive and is not readily identifiable,
or when its condition at the time of testing or trial is
critical, or when a witness has failed to observe its
uniqueness. The same standard likewise obtains in
case the evidence is susceptible to alteration,
tampering, contamination and even substitution and
exchange. In other words, the exhibit's level of
susceptibility to fungibility, alteration or tampering —
without regard to whether the same is advertent or
otherwise not — dictates the level of strictness in the
application of the chain of custody rule." (Maliffin v.
People, G.R. No. 172953, 2008, 553 SCRA 619, 631-
634 cited in People v. Climaco, G.R. No. 199403,
2012).
• Non-compliance with the procedural
requirements under RA 9165 and its IRR
relative to the custody, photographing, and
drug-testing of the apprehended persons, is
not a serious flaw that can render void the
seizures and custody of drugs in a buy-bust
operation (People v. Cardenas, G.R. No.
190342, 2012).
• A buy-bust operation is valid despite the
absence of a prior surveillance. Prior
surveillance is not requiced, especially when
the team is accompanied to the scene by
the informant (People of the Philippines v.
Camilo D. Nicart and Manuel T Capanpan,
G.R. No. 182059, 2012).
END OF TOPIC
258
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)w. ILLEGAL POSSESSION OF FIREARMS AND

EXPLOSIVES (PD 1866, AS AMENDED BY RA NO. POSSESSIO PENALTY
8294 AND RA NO. 10591; RA 95161 N (P) +
CRIME
A. PUNISHABLE ACTS (ARTICLE V OF RA NO. P only Prision Mayor
10591, ARTICLE V) (the penalty for
illegal
77. UNLAWFUL MANUFACTURE, SALE, possession
ACQUISITION, DISPOSITION OR of firearms)
POSSESSION OF: P + inherent in Penalty for the
the crime crime +
• Firearms- any handheld weapon, small or
aggravating
light weapon, that expels a bullet or any circumstance
projectile; this includes a barrel, frame, or
receiver. P +used in crime Prision Mayor
with a lower (the penalty for
• Light weapons (Class-A)- self-loading pistols,
penalty illegal
rifles, etc. not exceeding caliber 7.62MM
which have fully automatic mode. possession of
• Light weapons (Class B)-designed for use of firearms)
P + used in Penalty for crime
2 or more persons, which has a caliber
crime with same + Prision Mayor
exceeding 7.62MM.
penalty minimum
• Small Arms- intended for individual use, to be
P + not used Penalty for
fired from hand or shoulder, not capable of
in the the crime +
fully automatic burst. crime Prision Mayor
• Ammunition (the
• Instruments used or intended to be used in penalty would be
the manufacture of firearms or ammunition; separate and
or distinct)
• Explosives. P + furtherance The crime of
of, incident to, or P is absorbed
OTHER PUNISHABLE ACTS (PLORANS): in connection with
the crime of
• Elanting of evidence rebellion, or
• Failure to notify the Firearms and Explosive insurrection,
Office of the PNP of any lost or stolen firearm sedition,
within 30 days attempted coup
• Unlawful transfer to any person who has not d'etat.
yet obtained or secured the...necessary
license or permit thereof; and
• Arms Imuggling C. LATEST RULES ON ILLEGAL POSSESSION OF
FIREARMS
B. USE OF LOOSEFIREARMS IN THE COMISSION The following rules are only applicable for loose
OF A CRIME firearms which means:
The use of a loose firearm, when inherent in the • unregistered firearm
commission of a crime punishable under RPC or • an obliterated or altered firearm
other special laws shall be considered an aggravating • firearm which has been lost or stolen
circumstance. (Sec. 29, RA 10591) • illegally manufactured firearms
• registered firearms in the possession of an
individual other than the licensee
• those with revoked licenses
NOTES:
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ATENEO CENTRAL
• The use of an imitation firearm in the (Artillero v. Casimir°, G.R. No. 190569,
commission of a crime is considered as a 2012).
real firearm as defined by this law.
Provided, that injuries caused on the D. RULES ON DEALING WITH EXPLOSIVES
conduct of competitions, sports, games, • Knowledge of explosive character, where
or any recreation activities involving the explosive device is capable of producing
imitation firearms shall not be punishable destructive effect on contiguous objects or
under this law. causing injury or death to any person is an
• The autnority of a Barangay Captain to element of the crime.
carry his firearm outside his residence • Conversely, a transient or temporary
was rooted in the authority given to him by possession of such explosives without
the Local Government Code, which knowledge of its explosive character is not a
states that "in the performance of his violation of this law nor is surrender of such
peace and order functions, the punong items to the authorities
barangay shall be entitled to possess and • But, such possession is prima facie
carry the necessary firearms within his (rebuttable) evidence that the person had
territorial jurisdiction." If the Barangay knowledge of its explosive character.
Captain is within his barangay, he cannot
be separated from his duty as a punong END OF -rpm
barangay — to maintain peace and order.
260
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XVI. CYBERCRIME PREVENTION ACT OF 2012 (RA 1. Similar, identical, or confusingly similar to an
10175) existing trademark registered with the
appropriate government agency at the time of
A. PUNISHABLE ACTS the domain name registration:
78. OFFENSES AGAINST THE CONFIDEN- TIALITY, 2. Identical or in any way similar with the name
INTEGRITY AND AVAILABILITY OF COMPUTER of a person other than the registrant, in case
DATA AND SYSTEMS: of a personal name; and
(a) Illegal Access — the access to the whole or any 3. Acquired without right or with intellectual
part of a computer system without right. property interests in it.
(b) Illegal Interception — the interception made by
technical means without right of any non- public 79. COMPUTER-RELATED OFFENSES:
transmission of computer data to, from, or within a (a) Computer-related Forgery --
computer system including electromagnetic 1. The input, alteration, or deletion of any
emissions from a computer system carrying such computer data without right resulting in
computer data. inauthentic data with the intent that it be
(c) Data Interference — the intentional or reckless considered or acted upon for legal purposes
alteration, damaging, deletion or deterioration of as if it were authentic, regardless whether or
computer data, electronic document, or electronic not the data is directly readable and
data message, without right, including the intelligible; or
introduction or transmission of viruses. 2. The act of knowingly using computer data
(d) System Interference — the intentional alteration which is the product of computer- related
or reckless hindering or interference with the forgery as denied herein, for the purpose of
functioning of a computer or computer network by perpetuating a fraudulent or dishonest design.
inputting, transmitting, damaging, deleting, (b) Computer-related Fraud — the unauthorized
deteriorating, altering or suppressing computer input, alteration, or deletion of computer data or
data or program, electronic document, or program or interference in the functioning of a
electronic data message, without right or computer system, causing damage thereby with
authority, including the introduction or fraudulent intent: Provided, That if no damage has
transmission of viruses. yet been caused, the penalty imposable shall be
(e) Misuse of Devices one (1) degree lower.
1. The use, production, sale, procurement, (c) Computer-related Identity Theft — the
importation, distribution, or otherwise making intentional acquisition, use, misuse, transfer,
available, without right, of: possession, alteration or deletion of identifying
1. A device, including a computer program, information belonging to another, whether natural
designed or adapted primarily for the or juridical, without right:
purpose of committing any of the offenses
under this Act; or NOTE: If no damage has yet been caused, the penalty
2. A computer password, access code, or imposable shall be one (1) degree lower.
similar data by which the whole or any
part of a computer system is capable of 80. CONTENT-RELATED OFFENSES:
being accessed with intent that it be used (a) Cybersex — the willful engagement,
for the purpose of committing any of the maintenance, control, or operation, directly or
offenses under this Act. indirectly, of any lascivious exhibition of sexual
2. The possession of an item referred to in organs or sexual activity, with the aid of a
paragraphs 5(i)(aa) or (bb) above with intent computer system, for favor or consideration.
to use said devices for the purpose of (b) Child Pornography — the unlawful or prohibited
committing any of the offenses under this acts denied and punishable by Republic Act No.
section. 9775 or the Anti-Child Pornography Act of 2009,
(0 Cyber-squatting — the acquisition of a domain committed through a computer system.
name over the Internet in bad faith to profit,
mislead, destroy reputation, and deprive others NOTE: That the penalty to be imposed shall be (1) one
from registering the same, if such a domain name degree higher than that provided for in Republic Act No.
is: 9775.
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(c) Unsolicited Commercial Communications 87, Cyber Squatting

(declared Unconstitutional by Disini Jr. vs. sp. Computer- related Forgery
Secretary of Justice.) — The transmission of 89. Computer- related Fraud
comrnerciaLelectronic communication with the use 90. Computer-related Identity Theft
of computer system which seek to advertise, sell, 91. Cybersex
or offer for sale products and services are
prohibited unless: But void and unconstitutional in relation to:
I. There is prior affirmative consent from the 92. Child Pornography
recipient; or 93. Online Libel
2. The primary intent of the communication is for
service and/or administrative announcements (a) Attempt in the Commission of Cybercrime —
from the sender-to its existing users, any person who willfully attempts to commit any of
subscribers or customers; -or the offenses enumerated in this Act shall be held
3. The following conditions are present: liable.
1. The commercial •electronic _communication
contains a simple, valid, and reliable way Notes:
for the recipient to reject. receipt of further The penalty of one degree higher than that provided for by
commercial electronic messages (opt-out) the RPC and special laws shall be imposed on all crimes
from the same source; under RPC and special laws if committed by, through and
2. The commercial electronic communication with the use of information and communications
does not purposely disguise the source of technologies shall be covered by the relevant provisions of
the electronic message; and this Act. (Sec. 6, 10175)
3. The commercial electronic communication
does not purposely-include misleading END OF TOPIC
information in any part of the message in
order to induce the recipients to read the
message.
(d) Libel — the unlawful or prohibited acts of libel as

defined in Article 355 of the Revised Penal Code,
as amended, committed through a computer
system or any other similar means which may be
devised in the future.
NOTE: It only penalizes online libel as valid and

constitutional with respect to the original author of the post;
but void and unconstitutional with respect to others who
simply receive the post and react to it.
81. OTHER OFFENSES:

(a) Aiding or Abetting in the Commission of
Cybercrime — any person who willfully abets or
aids in the commission of any of the offenses
enumerated in this Act shall be held liable.
NOTE: As amended -by Disini Jr. vs. Secretary of

Justice, it only penalizes aiding or abetting and
attempt in the commission of cybercrime as valid and
constitutional only in relation to:
82. Illegal. Access
83. Illegal Interception
84. Data Interference
85. System Interference
86. Misuse of Devices
262
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XVII HUMAN SECURITY ACT OF 2007 (RA 93721 103. Unauthorized Revelation of Classified Materials;
and
A. PUNISHABLE ACTS 104. Furnishing False Evidence, Forged Document, or
ELEMENTS — TERRORISM: Spurious Evidence.
94. Any person who commits an act punishable under
any of the following: NOTE: When a person has been prosecuted under a
(a) Piracy in general and Munity in the High Seas or provision of this Act, and after the accused has pleaded to
in the Philippine Waters; the charge, the acquittal of the accused or the dismissal of
(b) Rebellion or Insurrection; the case shall be a bar to another prosecution under the
(c) Coup d'etat, including acts committed by private RPC or any special penal laws.
persons;
(d) Murder; Kidnapping and Serious Illegal Detention; B. PERIOD OF DETENTION — WITHOUT JUDICIAL
(e) Crimes Involving Destruction or under The Law on WARRANT OF ARREST
Arson; • Within a period of 3 days counted from the
(f) Toxic Substances and Hazardous and Nuclear moment a charged or suspected person (of the
Waste Control Act of 1990; crime of terrorism or conspiracy to commit it) has
Atomic Energy Regulatory and Liability Act of been apprehended or arrested, detained, and
1968; taken into custody;
Anti-Hijacking Law; • By any police or law enforcement personnel duly
Anti-piracy and Anti-highway Robbery Law of authorized in writing by the Anti-Terrorism Council,
1974; and who did not incur any criminal liability for delay in
Decree Cocfifying the Laws on Illegal and Unlawful the delivery of detained persons to proper judicial
Possession, Manufacture, Dealing in, Acquisition authorities, said personnel shall deliver said
or Disposition of Firearms, Ammunitions or charged or suspected person to the proper judicial
Explosives; authorities; and
• Provided, the arrest of those suspected of the
95. THEREBY SOWING AND CREATING crime of terrorism or conspiracy to commit
WIDESPREAD AND EXTRAORDINARY FEAR AND terrorism must result from the surveillance and
PANIC AMONG THE POPULACE; AND examination of bank deposits of this Act.
96. TO COERCE THE GOVERNMENT TO GIVE IN TO C. PERIOD OF DETENTION — IN THE EVENT OF AN

AN UNLAWFUL DEMAND. ACTUAL OR IMMINENT TERRORIST ATTACK
• Suspects may not be detained for more than 3
NOTE: Anyone found guilty of terrorism or conspiring to days without the written approval of a municipal,
commit terrorism shall suffer the penalty of 40 years city, provincial or regional official of a Human
imprisonment, without the benefit of parole as provided for Rights Commission or judge of the municipal,
under Act No. 4103 (the Indeterminate Sentence Law). regional trial court, the Sandiganbayan or a justice
of the Court of Appeals nearest the place of the
B. OTHER PUNISHABLE ACTS arrest.
97. Unauthorized or Malicious Examination of a Bank or a • If the arrest is made during Saturdays, Sundays,
Financial Institution; holidays or after office hours, the arresting police
98. Bank Officials and Employees Defying a Court or law enforcement personnel shall bring the
Authorization; person thus arrested to the residence of any of the
99. False or Untruthful Statement or Misrepresentation of officials mentioned above that is nearest the place
Material Fact in Joint Affidavits; of arrest.
100. Unjustified Refusal to Restore or Delay in • The approval in writing of any of the said officials
Restoring Seized, Sequestered and Frozen Bank shall be secured by the police or law enforcement
Deposits, Placements, Trust Accounts, Assets and personnel concerned within 5 days after the date
Records; of the detention of the persons concerned.
101. Loss, Misuse, Diversion or Dissipation of Seized, • Provided, that within 3 days after the detention the
Sequestered and Frozen Bank Deposits, Placements, suspects, whose connection with the terror attack
Trust Accounts, Assets and Records; or threat is not established, shall be released
102. Infidelity in the Custody of Detained Persons; immediately.
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- „
D. SURVEILLANCE OF SUSPECTS AND INTERCEPTION Application to Examine Bank Deposits, Accounts, and
AND RECORDING OF COMMUNICATIONS Records
The provisions of RA 4200 (Anti-Wire Tapping Law) to the The written order of the Court of Appeals authorizing the
contrary notwithstanding, a police or law enforcement examination of bank deposits, placements, trust accounts,
official and the members of his team may, upon a written assets, and records: (1) of a person charged with or
order of the Court of Appeals, listen to, intercept and record, suspected of the crime of terrorism or conspiracy to commit
with the use ofsany mode, form, kind or type of electronic terrorism; (2) of any judicially declared and outlawed
or other surveillance equipment or intercepting and terrorist organization, association, or group of persons, or
tracking devices, onwith the use of any other suitable ways (3) of any member of such organization, association, or
and means for that purppse, any communication, group of persons in a bank or financial institution, and the
message, conversation, dispu_ssion, or spoken or written gathering of any relevant information about the same from
words between members of judicially declared and said bank or financial institution) shall only be granted by
outlawed terrorist organization, ass9ciation, or group of the authorizing division of the Court of Appeals upon an ex
persons or of any person charged with or suspected of the perte application to that effect of a police or of a law
crime of terrorism or conspiracy to commit terrorism. enforcement official who has been duly authorized in
writing to file such ex parte application by the Anti-
Provided, that surveillance, interception and recording of Terrorism Council created in Section 53 of this Act to file
communications between lawyers and clients, doctors and such ex parte, application, and upon examination under
patients, journalists_ and their sources and confidential oath or affirmation of the applicant and the witnesses he
business correspondence shall not be authorized. may produce to establish the facts that vvill_justify the need
and urgency of examining and freezing the bank deposits,
E. EXAMINATION OF BANK DEPOSITS, ACCOUNTS
placements, trust accounts, assets, and records: (1) of the
AND RECORDS
person charged with or suspected pf the crime of terrorism
Judicial Authorization ReoNired to Examine Bank
or conspiracy to commit terrorism; (2) of a judicially
Deposits, Accounts, and Records
declared and outlawed terrorist organization, association
The provisions of Republic Act No. 1405 as amended, to
or group of persons; or (3) of any member of such
the contrary notwithstanding, the justices of the Court of
organization, association, or group of persons.
Appeals designated as a special court to handle anti-
terrorism cases after satisfying themselves of the
F. TERRITORIAL APPLICATION OF THE LAW
existence of probable cause in a hearing called for that The law applies to any person who commits an act covered
purpose that:
by the law if committed:
105. a person charged with or suspected of the crime of
(b) Within the terrestrial domain, interior waters,
terrorism Or 9onspiracy to commit terrorism,
maritime zone and airspace of the Philippines
106. of a judicially declared and outlawed terrorist
(c) Inside the territorial limits of the Philippines
organization, association, or group of persons; and
(d) On board a Philippine ship or airship
107. of a member of such judicially declared and
(e) Within any embassy, consulate,diplomatic
outlawed organization, association, or group of
premises belonging to or occupied by the
persons, may authorize in writing any police or law
Philippine government in an official capacity
enforcement officer and the members of his/her team
duly authorized in writing by the anti- terrorism council (0 Against Philippine citizens or persons of Philippine
descent where their citizenship or ethnicity was a
to:
factor in the commission of the crime
(a) examine, or cause the examination of, the
(g) Directly against the Philippine government.
deposits, placements, trust accounts,- assets and
records in a bank or financial institution; and END OF TOPIC
gather or cause the gathering, of any relevant
information about such deposits, placements, trust
accounts, assets, and records from a bank or
financial institution. The bank or financial institution
concerned shall not refuse to allow such
examination or to provide the desired information,
when so ordered by and served with the written
order of the Court of Appeals.
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XVII. ANTI-CARNAPPING ACT OF 2016 (RA 108831 elements of carnapping, but also that it was the original
criminal design of the culprit and the killing was perpetrated
A. ELEMENTS OF CARNAPPING in the course of carnapping or on the occasion thereof. The
1. Taking, with intent to gain; killing of the victim cannot qualify the carnapping into a
2. A motor vehicle belonging to another; special complex crime because the carnapping was an
3. Without the latter's consent; afterthought when the victim's death was already fait
4. By means of violence against or intimidation of accompli (People v. Aquino, G.R. No. 201092, 2014).
persons; or by using force upon things. (Sec. 3, RA
10883) NOTE: All motor vehicle engines, engine blocks and
chassis not registered with the LTO shall be presumed as
B. AGGRAVATING CIRCUMSTANCE WHICH DENIES a carnapped vehicle, an untaxed importation or coming
BAIL from illegal source and shall be confiscated in favor of the
Bail shall be denied when the evidence of guilt is strong government (Sec. 8, RA. 10883).
against any person charged with carnapping or when the
crime of carnapping is committed: END OF TOPIC
1. by criminal groups, gangs or syndicates;
2. by means of violence or intimidation of any person or
persons;
3. by means of forced upon things;
4. when the owner, driver, passenger, or occupant of the
carnapped vehicle is killed or raped in the course of
the carnapping. (Sec. 3, RA 10883)
C. PERSONS LIABLE
• Any person, including aliens, who violated any of
the provisions of this Act;
• Juridical person who violates any of the provision
of this Act shall be punished through its president,
secretary, members of the board, of any officer
who directly participated; and
• Any government official or employee who directly
commits the unlawful acts or is guilty of gross
negligence of duty or connives with or permits of the
act.
D. PUNISHABLE ACTS [C2D-ITS]

• Carnapping;
• Concealment of Carnapping;
NOTE: The law does not provide for penalties on the

following unlawful acts; thus, these acts are not
punishable.
5. Defacing or tampering with the original or registered
serial numbers of motor vehicle engine, engine blocks
and chassis;
6. Identity Transfer of a motor vehicle declared as total
wreck;
7. Transfer of Vehicle Plate without securing authority
from LTO; and
8. Sale of Secondhand Parts of Carnapped Vehicle.
NOTE: To prove the special complex crime of carnapping

with homicide, there must be proof not only of the essential
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XVIII. PENALIZING OBSTRUCTION OF APPREHENSION If anyof the foregoing acts is committed by a public
AND PROSECUTION OF CRiMINAL OFFENDERS (PD official or employee, he shall in addition to the
1829) penalties provided thereunder, suffer perpetual
disqualification from holding public office.
A. PUNISHABLE ACTS • When there is no warrant ot arrest or there exist
The law penalizes any person who knowingly or willfully
no ground for warrantless arrest, there could be no
obstructs or delays the apprehension of suspects and the
violation of PD1829 as the refusal to surrender the
investigation and prosecution of criminal cases by
accused were done within the bounds of law
committing any-of the following acts: (BAWS-DIE-FiFa)
(Posadas V. Ombudsman, G.R. No. 131492).
1. Preventing witnesses from testifying in any criminal
• A person cannot be prosecuted for both rebellion
proceeding or from reporting the commission of any
and PD1829. In determining the proper charge,
offense or the identity of any offenderls by means of
the intent or motive is a decisive factor. if the act
bribery, misrepresentation, deceit, intimidation, force
of concealment is committed with political or social
or threats;
motives, that is in furtherance of rebellion, then it
2. Altering, destroying or concealing any document, or
should be deemed to form part of the crime of
object, with intent to impair it as.evidence in any
rebellion instead of being punished separately
investigation of or official proceedings in, criminal
(Enda v. Amin, G.R. No. 93335).
cases;
3. Harboring or concealing, or facilitating the escape of,
OBSTRUCTION OF ACCESSORY TO A
any person he knows, Of has reasonable ground to
believe or suspect, has committed any offense under _JUSTICE CRIME
Punished as a Part of the original
existing penal laws;
separate crime crime
4. Publicly using a fictitious name for the purpose of
Offender here is Offender is an
concealing, a crime, evading prosecution or the
PRINCIPAL ACCESSORY
execution of a judgment, or concealing his true name
Focuses on the Focuses on the
and other personal circumstances for the same
PROSECUTION of the prevention of the
purpose;
crime DISCOVERY of the
5. Delaying the prosecution of criminal cases by
obstructing the service of process or court orders or crime
disturbing proceedings in the fiscal's offices;
END OF TOPIC
6. Using any document, or object with knowledge of its
falsity and with intent to affect the course or outcome
of the investigation or official proceedings in, criminal
cases;
7. Soliciting or agreeing to accept any benefit in
consideration of abstaining from or impeding the
prosecution of a criminal offender;
8. Threatening directly,or indirectly another with the
infliction of any wrong upon his person, honor or
property or that of any immediate member of his
family in order to prevent such person from appearing
in the investigation of, or official proceedings in,
criminal cases, and
9. Giving of false or fabricated information to mislead or
prevent the law enforcement agencies from
apprehending the offender or from protecting the life
or property of the victim; or fabricating information
from the data gathered by investigating authorities.
NOTES:
• If any of the acts mentioned herein is penalized by
any other law with a higher penalty, the higher
penalty shall be imposed.
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XIX. SPECIAL PROTECTION OF CHILDREN AGAINST (a) Any person who shall:
CHILD ABUSE, EXPLOITATION AND DISCRIMINATION • hire, employ, use, persuade, induce or coerce a
ACT (RA 7610) child to perform in obscene exhibitions and
indecent shows, live or in video, or model for
A. PUNISHABLE ACTS pornographic materials; AND
10. CHILD PROSTITUTION & OTHER SEXUAL ABUSE • cause the child to sell such materials.
(a) Children exploited can be male or female, who for (b) A person who is entrusted with the care of the child
money, profit, other consideration or due to who causes or allows the above acts to be done
coercion by an adult, is made to indulge in sexual shall also be penalized.
intercourse or lascivious conduct.
Art. 201 R.A. 7610
A child, under this law, is one who is:
Victim Any person of Child
• Below 18 years of age, or either sex wheth
• Over 18 but unable to fully take care of themselves er
or protect themselves from abuse, neglect, cruelty, male
exploitation or discrimination — due to physical or Or
mental disability or condition (Sec. 3 (al RA 7610) female
Offend Person who Any persons
er directly who
(b) Any adult who engages in, promotes, facilitates, commits the act
or induces child prostitution by: commit,
• acting as procurer of a child prostitute; promote,
• inducing a client; facilitate in
• taking advantage or influence or relation to procure the
a child as prostitute; commission
• threatening or using violence to engage a child as of the act; or
a prostitute; or Any person
• giving pecuniary benefit or goods to a child with who is
intent to engage in prostitution. entrusted
(c) Any adult who commits sexual intercourse or
with the
lascivious conduct with a child exploited; and
care of the
(d) Any person who derives profit or advantage, such
as the manager or owner of establishment. (Sec. child who
5, RA 7610) allows such
acts to be
11. CHILD TRAFFICKING committed
Any person who trades or deals with children including
buying or selling of a child for money, barter, or other Punis 1) Those If committed
consideration. hable who under the
Acts publicly circumstance
12. ATTEMPT TO COMMIT CHILD TRAFFICKING expound s mentioned
or in the Act
• When a child travels alone to a foreign country proclaim
without valid reason, clearance from DSWD, or doctrines
written permit from parents or guardian; contrary
• When a person or institution recruits women or to public
couple to bear children for child trafficking; morals.
• When a doctor, hospital or similar health workers 2) Authors,
or institutions simulate birth for child trafficking; editors,
and owners
• When a person finds children from low- income operators
families, hospitals, day-cares or child-caring publishin
institutions to offer for child trafficking. g
• obscene
13. OBSCENE PUBLICATION AND INDECENT SHOWS literature.
267
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,
3) Those • Manaoprs, owners of establishments or any
which person who allows a person to take along with him
exhibit any minor herein described to places of
indecent accommodations, residence, etc.; and
or o Use, coerce, force or intimidate a child to beg for a
immoral living, act as middleman in drug trafficking, or
P)9Ys, conduct any illegal activities. (Sec. 10, RA 7610)
scenes
acts or
shows. COMPARE PROSECUTION FOR ACTS OF
4) Distriputi LASCIVIOUSNESS UNDER ART. 336, RPC AND R.A.
ng films, NO. 7610, AS AMENDED
literature,
prints,
Art. 336 R.A. 7610
sculpture
s which Victim Any person Child
are of either sex wheth,er
offensive male or
to female
morals. Offend - Person who Persons
er directly and
14. EMPLOYMENT OF CHILDREN, commits the institutions
• Children below 15 cannot be employed except: act who
commit,
o Child works under responsibility of parents
promote,
or legal guardian where only members of facilitate in
employer's family are employed. the
Provided that it does not endanger life, commissio
safety or morals and the child's n of the
development. Child must have primary act.
and secondary education. Punis When If
o. Child is in public entertainment or hable lascivious committed
information through cinema, theatre, Acts acts is under the
radio., TV is essential. Employment committed circumstan
contract, if possible, with child's approval under the ces
circumstanc mentioned
and the DSWD and:
es of rape in the Act
• employer ensures protection,
Art. 335 R.A. 7610
health, safety of child
Victim Woman who Child, at
• prevent child exploitation or
is under 12 least 12
discrimination years old years old,
• formulate and implement male or
continuing program for training female
and skills.
END OF TOPIC
15. OTHER ACTS-OF ABUSE
Any person who shall:
• Commit any acts of child abuse, cruelty or
exploitation or be responsible for conditions
prejudicial to the child's development;
• Keep in his company a minor twelve
• (12) years or under, or who is ten (10) years his
junior, unless related within the 4th degree;
• Induce, deliver, or offer a minor to anyone
prohibited by this Act;
268
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maximum period.
XX. INDETERMINATE SENTENCE LAW (ISL) (ACT NO.
41031 Minimum term Anywhere within
the range of
A. APPLICATION ON THE IMPOSED SENTENCE prision
The ISL provides for a maximum and minimum, instead of correccional
a single fixed penalty. The prisoner must be sentenced to without reference
imprisonment for a period which is not more than the to any of
its period. .
maximum and not less than the minimum. The period
ONE PRIVILEGE M TIGATING OR TWO
between the minimum and maximum is indeterminate in MITIGATING CIRCUMSTANCES
the sense that the prisoner may be exempted from serving Maximum Prision correccional
said indeterminate period in whole or in part. term imposed in the
medium period.
The prisoner must serve the minimum before he is eligible Minimum term Anywhere within
for parole. the range of aresto
mayor.
The law does not impair the powers of the Chief Executive
under the Administrative Code. UNDER SPECIAL LAWS
Case: A is convicted of illegal
Purpose: To uplift and redeem valuable human material possession of firearms punishable by 1
and prevent unnecessary and excessive deprivation of year and 1 day to 8 years of
liberty and economic usefulness (People v. Ducosin, G.R. imprisonment
No. L-38332, 1933.) Maximum term Shall not exceed 8
years as fixed by law
ILLUSTRATION: Minimum term Shall not be less
UNDER THE REVISED PENAL CODE than the minimum
Case: In a frustrated homicide case, the period of 1 year and
penalty for which is prison mayor in its 1 day as prescribed
medium (given that it is only frustrated by law.
• thus it is lower by one degree).
NO MITIGATING AND AGGRAVATING NOTES:
CIRCUMSTANCE In imposing a prison sentence for an offense punished by
Maximum Prision mayor the RPC or SPL, the court shall sentence the accused to
• term medium an indeterminate sentence, which has a maximum and a
Minimum term Anywhere within minimum term based on the penalty actually imposed.
the range of prision
correccional, being The modifying circumstances are considered only in the
the next lower than imposition of the maximum term of the indeterminate
Prision mayor sentence and not to be considered in fixing the minimum.
IF THERE WAS (1) MITIGATING
CIRCUMSTANCE AND NO B. COVERAGE
AGGRAVATING CIRCUMSTANCE The Indeterminate Sentence Law shall not apply to the
Maximum Prision mayor in following persons:
term the minimum 16. Sentenced to death penalty or life imprisonment;
period 17. Treason, or conspiracy or proposal to commit treason;
Minimum term Anywhere within 18. Misprision of treason, rebellion,
the range of sedition or espionage;
prision 19. Piracy;
correccional 20. Habitual delinquents;
without reference
21. Escaped from confinement, or evaded sentence;
to any of
its period. 22. Granted with conditional pardon bythe president, but
ONE AGGRAVATING CIRCUMSTANCE violated the terms thereof;
-Maximum Prision mayor 23. Maximum term of imprisonment does not exceed 1
term imposed in the year; and
24. Sentenced to the penalty of destierro 269
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25. or suspension only;

26. Pendency of another case;
27. When application of ISL. will not be favorable to the
accused;
28. Convicted with offenses punishable with reclusion
perpetua
29. Not to those already sentenced by final judgment at
the time of approval of this act, except Section 5.
C. REASONS FOR FIXING THE MAXIMUM AND (VIJNIMUM

TERMS IN THE INDETERMINATE SENTENCE
The minimum and maximum terms in the Indeterminate
Sentence must be fixed, because they are the basis for the
following:
• To determine when a prisoner is eligible for parole.

It is when he hes served the MINIMUM penalty
imposed on him, and upon determination by the
Board to be fit for parole.
• To determine the sentence to be imposed when
the paroled prisoner violates any of the conditions
of his parole during the period of surveillance. In
such case, he may be rearrested to serve the
remaining unexpired portion of the MAXIMUM
sentence.
• To determine until when the prisoner is to stay
imprisoned. Even if a prisoner has already served
the MINIMUM, but he is not fit for release on the
parole, he shall continue to serve until the end of
the MAXIMUM term.
NOTE: Art. III, Sec 19(1) of the 1987 Constitution which

states that "Any death penalty already imposed shall be
reduced to reclusion perpetua" does not change the
periods of the penalty prescribed by Art 248 of the RPC
except only insofar as it prohibits the imposition of the
death penalty and reduces it to reclusion perpetua. The
range of the medium and minimum penalties remain
unchanged. (People v. Munoz, G.R. No. L-38969-70,
1989)
END OF TOPIC
270
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30. RULES ON GRANT OF PROBATION:

XXI. PROBATION LAW (PD 968; PD 1257; R.A. 10707) • Filing of application for probation operates as a
waiver of the right to appeal.
A. DEFINITION OF TERMS • If the defendant has perfected an appeal, no
PROBATION is a disposition under which a defendant,
application will be granted.
after conviction and sentence, is released subject to
• After having convicted and sentenced a
conditions imposed by the court and to the supervision of
defendant, the trial court may suspend the
a probation officer.
execution of the sentence, and place the defendant
on probation, upon application by the defendant
PETITIONER is a convicted defendant who files a formal
within the period for perfecting an appeal.
application for probation.
• Probation may be granted whether the sentence
PROBATIONER is a person placed on probation. imposes the penalty of imprisonment or fine only.
• The order granting or denying probation shall not
PROBATION OFFICER is a person who investigates for be appealable since probation is not an absolute
the court, makes a referral for probation, supervises a right.
probationer or both, and performs other related duties as • Accessory penalties are deemed suspended once
directed. probation is granted.
• The convict is not immediately placed on
NOTE: Probation is not an absolute right. It is a mere probation. There shall be a prior investigation by
privilege whose grant rests upon the discretion of the trial the probation officer and a determination by the
court. Its grant is subject to certain terms and conditions court.
that may be imposed by the trial court. Having the power
to grant the probation, it follows that the trial court also has 31. CONDITIONS IN PROBATION
the power to order its revocation in a proper case and under • Present himself to his probation officer designated
proper circumstances. to undertake his supervision at a place specified in
the order within 72 hours from receipt of said
5. WHEN PROBATION IS APPLIED FOR order;
After conviction and sentencing of a defendant for a • Report to his probation officer at least once a
probationable penalty and upon application within the month at such time and place as specified by said
period of perfecting an appeal. officer.
• If the defendant has perfected the appeal from the • Other additional conditions that the court may
judgment of conviction, no application for require as listed in Section 10 of PD 968.
probation shall be entertained or granted.
D. PROBATION IS TO BE DENIED UPON FINDING OF
What if the appeal is for correction of penalty so that THE COURT THAT: (DUCT)
the person can qualify under probation? Colinares • Probation will pepreciate the seriousness of the
Doctrine offense committed.
Yes. When a judgment of conviction imposing a non- • There is Undue risk of committing another crime
probationable penalty is appealed or reviewed, and such during the probation period.
judgment is modified through the imposition of a • The offender is in need of CorrectionalIreatment
probationable penalty, the defendant shall be allowed to that can be provided effectively by his commitment
apply for probation based on the modified decision before to an institution.
such decision becomes final. The application for probation
based on the modified decision shall be filed in the trial E. DISQUALIFIED OFFENDERS
court where the judgment of conviction imposing a non- The benefits of the Decree shall not be extended to
probationable penalty was rendered, or in the trial court those: (M-SPPADE)
where such case has since been re-raffled. • Sentenced to serve a Maximum term of
• This provision of law was based from the imprisonment of more than 6 years;
Colinares doctrine (Colinares v. People, G.R. • Convicted of aubversion or any crime against the
No. 182748, December 13, 2011) national security;
• freviously convicted by final judgment of an
Q. GRANT OF PROBATION, MANNER AND CONDITIONS offense punished by imprisonment of more than 6
months and 1 day and/or a fine more t ri- P1,000;
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• Once placed on Erobation; NOTE: Difference of Probation Law and the Indeterminate
• Already serving sentence at the time the Decree Sentence Law (ISL)
became applicable
• Those who have appealed or were convicted of Probation
1SL
Drug trafficking or drug pushing; and Law
• Convicted of Election offenses under the Omnibus When After After
Election Code. Imposed conviction conviction
and sentence and
F. PERIOD OF PROBATION sentence
Effect on Waived,
TERM OF DURATION Appeal except when
IMPRISONMEN appealing a
T decision that
Penalty for crime is Probation shall imposes a
not more than 1 not exceed non-
year 2 years
, probationable
Penalty for crime Probation penalty
is more than 1 shall not Application Applied by Automatic
year exceed 6
the upon the
years
defendant court when
When penalty is a Probation shall
fine only and be, twice the total within the applicable
offender is made number of days period of
to serve subsidiary of sybsidiary appeal
imprisonment imprisonment Action of Imposition
Suspension
of
the court of execution a penalty of
G. ARREST OF PROBATIONER; SUBSEQUENT
imprisonme
DISPOSITION of the
nt
At any time during probation, the court may issue a warrant
sentence and within the
for the arrest of a probationer for any serious violation of the
place range
conditions of probation.
defendant on imposed by
probation law
The probationer, once arrested and detained, shall
immediately be brought before the court for a hearing,
which may be informal and summary, of the violation I. TERMINATION OF PROBATION
charged. The accused may be permitted bail If violation is Effects —
established, the court may: 32. Case is deemed terminated.
33. Restoration of all civil rights lost or suspended.
• Revoke his probation, and thus make him serve
34. Fully discharges liability for any fine imposed.
the sentence originally imposed, or
• Continue his probation and modifyits conditions.
Note: Probation is not coterminous with the period. There
NOTE: The court order shall not be subject to appeal. must be an ORDER issued by court discharging the
probationer, only from issuance can the case of
H. WHO ARE DISQUALIFIED FOR PROBATION UNDER probationer be deemed terminated. (Bala v. Martinez, G.R.
SPECIAL LAWS No. L-673D1, January 29, 1990)
COMPREHENSIVE DANGEROUS DRUGS ACT (RA

9165)
Sec. 24 ,-- Any person convicted for drug
trafficking or pushing under this Act, regardless
of the penaltyimposed_ by the Court, cannot avail
of the privilege granted by the Probation Law.
272

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Ch

JORGE ALFONSO C. MELO

ATENEO CENTRAL BAR OPERATIONS

PATRICK EDWARD BALISONG

KATRINA Y. COSCOLLUELA JONATHAN VICTOR NOEL CZARINA CHER CUERPO

JUDGE OSCAR PIMENTEL (RET.)

ALELI JOYCE BUCU

PATRICIA LORENZA GUTTIEREZ

KALI NAVEAH-HUFF ELLAINE QUIZON FRICELA KIM CARREON

A. FUNDAMENTAL PRINCIPLES & DEFINITION OF TERMS 1

B. SCOPE OF APPLICATION AND CHARACTERISTICS OF PHILIPPINE CRIMINAL LAW 2

B. ELEMENTS OF CRIMINAL LIABILITY 6

E. CONSPIRACY AND PROPOSAL 11

F. CLASSIFICATION OF FELONIES (ACCORDING TO GRAVITY) 12

G. OFFENSES NOT INCLUDED IN THE CODE'S CLASSIFICATION OF FELONIES 13

I. CONTINUOUS (CONTINUED OR CONTINUING) CRIME 16

J. COMPLEX CRIMES V. SPECIAL COMPLEX CRIMES 16

III. CIRCUMSTANCES WHICH AFFECT CRIMINAL LIABILITY 20

B. ART. 11: JUSTIFYING CIRCUMSTANCES 20

B. ART. 12. EXEMPTING CIRCUMSTANCES (IFaINDIA) 25

C. ART. 13 MITIGATING CIRCUMSTANCES 29

IV. PERSONS CRIMINALLY LIABLE/DEGREE OF PARTICIPATION 52

A. PERSONS CRIMINALLY LIABLE FOR GRAVE AND LESS GRAVE FELONIES. 52

B. PERSONS CRIMINALLY LIABLE FOR LIGHT FELONIES 52

VI. CRIMINAL AND CIVIL LIABILITIES

REVISED PENAL coDE - BOOK II

B. CRIMES AGAINST THE FUNDAMENTAL LAW OF THE STATE 84

C. CRIMES AGAINST PUBLIC ORDER 94

D. CRIMES AGAINST PUBLIC INTEREST 119

E. CRIMES AGAINST PUBLIC MORALS 133

F. CRIMES COMMITTED BY PUBLIC OFFICERS 138

G. CRIMES AGAINST PERSONS 159

H. CRIMES AGAINST PERSONAL LIBERTY AND SECURITY 174

I. CRIMES AGAINST PROPERTY 184

J. CRIMES AGAINST CHASTITY 208

L. CRIMES AGAINST HONOR 220

M. QUASI-OFFENSES (OR CRIMINAL NEGLIGENCE) 226

SPECIAL LAWS 228

I. ANTI-ARSON LAW (PD 1613); (RA 7659) 228

C. AGGRAVATING CIRCUMSTANCES (GAST): 229

II. ANTI-CHILD PORNOGRAPHY ACT OF 2009 (RA 9775) 230

III. ANTI-FENCING LAW (PD 1612); AND ITS IMPLEMENTING 232

IV. ANTI-GRAFT AND CORRUPT PRACTICES ACT (RA 3019) 233

V. ANTI-HAZING ACT OF 2018 (RA 8049, AS AMENDED BY RA 11053) 237

C. REGULATION OF SCHOOL-BASED INIT IATION RITES 237

E. ELEMENTS OF ILLEGAL POSSESSION OF DRUGS 257

XVI. CYBERCRIME PREVENTION ACT OF 2012 (RA 10175) 261

XVII. HUMAN SECURITY ACT OF 2007 (RA 9372) 263

XVII. ANTI-CARNAPPING ACT OF 2016 (RA 10883) 265

XVIII. PENALIZING OBSTRUCTION OF APPREHENSION AND PROSECUTION OF CRIMINAL OFFENDERS (PD

XX. INDETERMINATE SENTENCE LAW (ISL) (ACT NO. 4103) 269

XXI. PROBATION LAW (PD 968; PD 1257; R.A. 10707) 271

THEORIES IN CRIMINAL LAW

2. Positivist of Realist Theory - Man is inherently good

DIFFERENCE BETWEEN MALA IN SE AND MALA CONSTRUCTION OF PENAL LAWS

Intent governs; - Criminal intent is not EXCEPTIONS: (S-PA-IL)

Good faith is a valid Good faith is not a Example: R.A. 75:

Sovereigns or head of states, ambassadors, ministers