TITLE ONE

I. CRIMES AGAINST NATIONAL SECURITY

Article 114
ELEMENTS OF TREASON:
a. That the offender owes allegiance to the Government of the Philippines
b. That there is a war in which the Philippines is involved
c. That the offender either
d. Levies war against the government,
1. breech of allegiance
2. actual assembling of men
3. for the purpose of eecuting a reasonable design
e. !dheres to the enemies, giving them aid and comfort
1. breech of allegiance
2. adherence
3. giving aid or comfort to the enem"
#a"s of proving treason$
a. 2 witnesses testif"ing to same overt act
Example$ % saw arms landed in La &nion and loaded into a motor vehicle. !t this
stage, not sufficient to convict "et. ' later saw the arms unloaded in a
warehouse. #ill % ( ' be sufficient witnesses to convict) !nswer$ *+. ,ecause
the law re-uires that 2 witnesses see the .!/0 +102T !3T.
b. 3onfession of the accused in open court. !rraignment, pre4trial, trial +5.
1. 6f he has pleaded *+T guilt" alread" during arraignment, he can still confess
in open court b" stating the particular acts constituting treason.
2. 7uring trial, simpl" sa"ing 869m guilt": is not enough.
3. #ithdrawing plea of 8not guilt": during arraignment not necessar"
;. 6f during arraignment he pleads guilt", court will as< if the accused
understands is plea. .ubmission of affidavit during trial, even if assisted b"
counsel is not enough.
Treason$ breach of allegiance to the government, committed b" a person who owes
allegiance to it. !llegiance$ obligation of fidelit" and obedience. 6t is permanent or
temporar" depending on whether the person is a citi=en or an alien.
0vident premeditation, superior strength and treacher" are circumstances inherent in
treason, and are, therefore, not aggravating.
Treason cannot be committed in times of peace, onl" in times of war actual
hostilities. ,ut no need for declaration of war
Lev"ing of war$ a> that there be an actual assembling of men? b> for the purpose of
eecuting a treasonable design b" force @deliver the countr" in whole or in part to the
enem">
*ot Treasonous$
a. !cceptance of public office and discharge of official duties under the enem"
does not constitute per se the felon" of treason @eception$ when it is polic"
determining>
b. .erving in a puppet government @ministerial functions> and in order to serve
the populace is *+T treasonous. ,ut it is treason if$ a> there is discretion
involved? b> inflicts harm on Ailipinos? c> it is disadvantageous to them.
c. Purpose of offender$ to deliver the Philippines to enem" countr"? if merel" to
change officials not treason
+n 3iti=enship
a. Ailipino citi=ens can commit treason outside the Philippines. ,ut that of an
alien must be committed in the Philippines.
b. +nl" Ailipino citi=ens or permanent resident aliens can be held liable
c. !lien$ with permanent resident status from the ,67 it is neither the length of
sta" in the Philippines nor the marriage with a Ailipino that matters.
Treason cannot be proved b" circumstantial evidence or b" etra4Budicial confession
of the accused
!ctual hostilities ma" determine the date of the commencement of war
1
*o such thing as attempted treason? mere attempt consummates the crime
Giving aid or comfort material element, enhances forces of the enem" countr". !cts
which strengthen or tend to strengthen the enem" in the conduct of war against the
traitor9s countr" or that which wea<en and tend to wea<en the power of the same.
Example$ Ainancing arms procurement of enem" countr". ,ut giving of shelter is not
necessaril" 8giving aid and comfort.:
!dherence and giving aid or comfort must concur together. !dherence$ when a
citi=en intellectuall" or emotionall" favors the enem" and harbors convictions dislo"al
to his countr"9s polic". ,ut membership in the police force during the occupation is
*+T treason.
Example$ Giving information to, or commandeering foodstuffs for the enem".
!dherence ma" be proved b"$ @1> one witness? @2> from the nature of the act itself?
@3> from the circumstances surrounding the act.
Treason is a 3+*T6*&6*G 326/0. 0ven after the war, offender can be prosecuted.
6f "ou convict a person for treason b" reason of irresistible force or uncontrollable
fear, "ou ma" use !rt.12. *o treason through negligence
#hen <illings and other common crimes are charged as overt act of treason, the"
cannot be regarded as @1> separate crimes or @2> as comple with treason.
Article 115
CONSPIRACY TO COMMIT TREASON
ELEMENTS:
a. 6n time of war
b. 2 or more persons come to an agreement to
1. lev" war against the government, or
2. adhere to the enemies and to give them aid or comfort,
c. The" decide to commit it
0L0/0*T. +A P2+P+.!L T+ 3+//6T T20!.+*
a. 6n time of war
b. ! person who has decided to lev" war against the government, or to adhere
to the enemies and to give them aid or comfort, proposes its eecution to
some other personCs.
/ere agreement and decisions to commit treason is punishable
/ere proposal even without acceptance is punishable too. 6f the other accepts, it is
alread" conspirac".
Article 116
MISPRISION OF TREASON
ELEMENTS:
a. That the offender must be owing allegiance to the government, and not a
foreigner
b. That he has <nowledge of an" conspirac" @to commit treason> against the
government
c. That he conceals or does not disclose and ma<e <nown the same as soon as
possible to the governor or fiscal of the province or the ma"or or fiscal of the
cit" in which he resides
+ffender is punished as an accessor" to the crime of treason
This crime does not appl" if the crime of treason is alread" committed
3rime of omission
8To report within a reasonable time: depends on time, place and circumstance
the 2P3 did not fi time.
2P3 states ; individuals, what if "ou report to some other high4ran<ing government
official) 0. P*P 7irector) Dudge Pimentel sa"s an" gov9t official of the 76LG is +5.
Article 117
Esi!"#$e %& e"teri"$' (it)!*t #*t)!rit& t)ere+!r' (#rs)i' +!rt' !r "#,#l !r
-ilit#r& est#%lis)-e"ts !r reser,#ti!" t! !%t#i" #"& i"+!r-#ti!"' l#"s'
2
)!t!$r#)s !r !t)er .#t# !+ # c!"+i.e"ti#l "#t*re rel#ti,e t! t)e .e+e"se !+ t)e
P)ilii"es.
ELEMENTS:
a. 1. That the offender enters an" of the places mentioned therein
2 2. That he has no authorit" therefore?
b. That his purpose is to obtain information, plans, photographs or other data of a
confidential nature relative to the defense of the Philippines
Esi!"#$e %& .iscl!si"$ t! t)e rerese"t#ti,e !+ # +!rei$" "#ti!" t)e c!"te"ts !+
t)e #rticles' .#t#' !r i"+!r-#ti!" re+erre. t! i" #r#$r#) 1 !+ Article 117' ()ic) )e
)#. i" )is !ssessi!" %& re#s!" !+ t)e *%lic !++ice )!l.s
a. ELEMENTS: That the offender is a public officer
b. That he has in his possession the articles, data or information referred to in par 1
of art 11E, b" reason of the public office he holds
c. That he discloses their contents to a representative of a foreign nation
Purpose$ to gather data
0spionage$ the offense of gathering, transmitting, or losing information respecting the
national defense with the intent or reason to believe that the information is to be used
to the inBur" of the Philippines or the advantage of an" foreign nation. 6t is not
conditioned on citi=enship.
*ot necessar" that Philippines is at war with the countr" to which the information was
revealed. #hat is important is that the information related is connected with the
defense s"stem of the Philippines.
#iretapping is *+T espionage if the purpose is not something connected with the
defense
.ee 3! F1F
II. CRIMES AGAINST LA/S OF NATIONS
Article 110
INCITING TO /AR OR GI1ING MOTI1ES FOR REPRISALS
ELEMENTS:
a. That the offender performs unlawful or unauthori=ed acts
b. That such acts provo<e or give occasion for a war involving or liable to involve
the Philippines or epose Ailipino citi=ens to reprisals on their persons or
propert"
3rime is committed in time of peace, intent is immaterial
6nciting to war offender is an" person
2eprisals is not limited to militar" action, it could be economic reprisals, or denial of
entr" into their countr". Example. % burns 3hinese flag. 6f 3hina bans the entr" of
Ailipinos into 3hina, that is alread" reprisal.
Article 112
1IOLATION OF NEUTRALITY
ELEMENTS:
a. That there is war in which the Philippines is not involved
b. That there is a regulation issued b" competent authorit" for the purpose of
enforcing neutralit"
c. That the offender violates such regulation
Gov9t must have declared the neutralit" of the Phil in a war between 2 other countries
6t is neutralit" of the Phil that is violated
3ongress has the right to declare neutralit"
Article 134
CORRESPON5ENCE /IT6 6OSTILE COUNTRY
3
ELEMENTS:
a. That it is in time of war in which the Philippines is involved
b. That the offender ma<es correspondence with an enem" countr" or territor"
occupied b" enem" troops
c. That the correspondence is either
1. prohibited b" the government, or
2. carried on in ciphers or conventional signs, or
3. containing notice or information which might be useful to the enem"
3ircumstances -ualif"ing the offense$
1 a. notice or information might be useful to the enem"
2 b. offender intended to aid the enem"
Gostile countr" eist onl" during hostilities or after the declaration of war
3orrespondence to enem" countr" correspondence to officials of enem" countr"
even if related to "ou.
6t is not correspondence with private individual in enem" countr"
6f ciphers were used, no need for prohibition
6f ciphers were not used, there is a need for prohibition
6n an" case, it must be correspondence with the enem" countr"
7oesn9t matter if correspondence contains innocent matters if prohibited,
punishable
Article 131
FLIG6T TO ENEMY7S COUNTRY
ELEMENTS
a. That there is a war in which the Philippines is involved
b. That the offender @Ailipino or resident alien> must be owing allegiance to the
government
c. That the offender attempts to flee or go to enem" countr"
d. That going to enem" countr" is prohibited b" competent authorit"
/ere attempt consummates the crime
There must be a prohibition. 6f none, even if went to enem" countr" no violation
!lien resident ma" be guilt" here.
Article 133
PIRACY
2 #a"s of 3ommitting Pirac"
a. ," attac<ing or sei=ing a vessel on the high seas or in the Philippine waters @P7
H32>
b. ," sei=ing the whole or part of the cargo of said vehicles, its e-uipment or
personal belongings of its complement or passengers
Ele-e"ts:
a. That a vessel is on the high seasCPhilippine waters
b. That the offenders are not members of its complement or passengers of the
vessel
c. That the offenders
1. attac< or sei=e that vessel or @hence, if committed b" crew or passengers, the
crime is not pirac" but robber" in the high seas>
2. sei=e the whole or part of the cargo of said vessel, its e-uipment or personal
belongings of its complement or passengers
Gigh seas$ an" waters on the sea coast which are without the boundaries of the low
water mar< although such waters ma" be in the Burisdictional limits of a foreign gov9t
P7 H32 has been alread" repealed
Pirac" in high seas Burisdiction is with an" court where offenders are found or
arrested
Pirac" in internal waters Burisdiction is onl" with Philippine courts
Aor purpose of !nti4Aencing Law, pirac" is part of robber" and theft
;
Pir#c& M*ti"&
2obber" or forcible degradation on the
high seas, without lawful authorit" and
done with animo furandi and in the spirit
and intention of universal hostilit".
&nlawful resistance to a superior officer, or
the raising of commotion and disturbances
on board a ship against the authorit" of its
commander
6ntent to gain is an element.
!ttac< from outside. +ffenders are
strangers to the vessel. @this is the
standing rule with the repeal of P7 H32
which made it possible for an" person to
commit pirac" including a passenger or
complement of the vessel>.
!ttac< from the inside.
Article 138
9UALIFIE5 PIRACY

CIRCUMSTANCES:
a. #henever the" have sei=ed a vessel b" boarding or firing upon the same
b. #henever the pirates have abandoned their victims without means of saving
themselves
c. #henever the crime is accompanied b" murder, homicide, ph"sical inBuries, or
rape. @the above ma" result to -ualified mutin">
ParricideCinfanticide should be included @Dudge Pimentel>
*ote the new rape law. 7eath is imposed in certain t"pes of rape
There is a conflict between this provision and the provision on rape. 0. 6f rape is
committed on someone below E death under the new rape law. ,ut if rape
committed on someone below E during the time of pirac" 2P to death.
6rreconcilable.
/urderCrapeChomicideCph"sical inBuries must have been committed on the
passengers or complement
TITLE T/O
I. CRIMES AGAINST T6E FUN5AMENTAL LA/S OF T6E STATE
Cl#sses !+ Ar%itr#r& 5ete"ti!":
a. ," detaining a person without legal ground
b. 7ela" in the deliver" of detained persons to the proper Budicial authorities
c. 7ela"ing release

Article 134
AR:ITRARY 5ETENTION
ELEMENTS:
a. That the offender is a public officer or emplo"ee @whose official duties include the
authorit" to ma<e an arrest and detain persons? Burisdiction to maintain peace
and order>.
b. That he detains a person @actual restraint>.
c. That the detention was without legal grounds @cannot be committed if with
warrant>.
7etention$ when a person is placed in confinement or there is a restraint on his
person.
Though the elements specif" that the offender be a public officer or emplo"ee,
private individuals who conspire with public officers can also be liable.
Legal grounds for the detention of an" person$
a. commission of a crime
b. violent insanit" or other ailment re-uiring compulsor" confinement of the patient
in a hospital
#ithout legal grounds$
H
a. he has not committed an" crime or no reasonable ground of suspicion that he
has committed a crime
b. not suffering from violent insanit" or an" other ailment re-uiring compulsor"
confinement in a hospital
5now grounds for warrantless arrest$
a. 3rime is about to be, is being, has been committed
b. +fficer must have reasonable <nowledge that the person probabl" committed the
crime
Aor escaped prisoner no need for warrant
Rolito Go v. CA is an eample of arbitrar" detention @Dudge Pimentel>
Example: ' was <illed b" un<nown assailant. +fficers got a tip and arrested %. %
voluntaril" admitted to the officers that he did it although he was not as<ed. % was
detained immediatel". !ccording to the .3, there was *+ arbitrar" detention. #h")
,ecause once % made a confession, the officers had a right to arrest him.
3ontinuing crime is different from a continuous crime
Ramos v. Enrile$ 2ebels later on retire. !ccording to the .3, once "ou have
committed rebellion and have not been punished or amnestied, then the rebels
continue to engage in rebellion, unless the rebels renounce his affiliation. !rrest can
be made without a warrant because this is a continuing crime.
Article 135
5ELAY IN T6E 5ELI1ERY OF 5ETAINE5 PERSONS
ELEMENTS:
a. That the offender is a public officer or emplo"ee
b. That he has detained a person for some legal grounds
c. That he fails to deliver such person to the proper Budicial authorit" within$
1. 12 hours, if detained for crimesCoffenses punishable b" light penalties, or their
e-uivalent
2. 1I hours, for crimesCoffenses punishable b" correctional penalties, or their
e-uivalent or
3. 3F hours, for crimesCoffenses punishable b" capital punishment or afflictive
penalties, or their e-uivalent
2eall" means dela" in filing necessar" information or charging of person detained in
court. /a" be waived if a preliminar" investigation is as<ed for.
7oes not contemplate actual ph"sical deliver" but at least there must be a complaint
filed. 7ut" complied with upon the filing of the complaint with the Budicial authorit"
@courts, prosecutors though technicall" not a Budicial authorit", for purposes of this
article, he9s considered as one.>
The filing of the information in court does not cure illegalit" of detention. *either does
it affect the legalit" of the confinement under process issued b" the court.
To escape from this, officers usuall" as< accused to eecute a waiver which should
be under oath and with assistance of counsel. .uch waiver is not violative of the
accused constitutional right.
#hat is length of waiver) Light offense H da"s. .erious and less serious offenses
E to 1J da"s. @Dudge Pimentel>
!rticle does not appl" when arrest is via a warrant of arrest
6f offender is a private person, crime is illegal detention
!rbitrar" 7etention @12;> 7ela" in 7eliver" of 7etained @12H>
7etention is illegal from the beginning. 7etention is legal in the beginning, but illegalit"
starts from the epiration of the specified
periods without the persons detained having
been delivered to the proper Budicial authorit".
Article 136
5ELAYING RELEASE
ELEMENTS:
F
a. That the offender is a public officer or emplo"ee
b. That there is a Budicial or eecutive order for the release of a prisoner or
detention prisoner, or that there is a proceeding upon a petition for the liberation
of such person
c. That the offender without good reason dela"s$
1. the service of the notice of such order to the prisoner, or
2. the performance of such Budicial or eecutive order for the release of the
prisoner, or
3. the proceedings upon a petition for the release of such person
Three acts are punishable$
a. dela"ing the performance of a Budicial or eecutive order for the release of a
prisoner
b. dela"ing the service of notice of such order to said prisoner
c. dela"ing the proceedings upon an" petition for the liberation of such person
#ardens and Bailers are the persons most li<el" to violate this provision
Provision does not include legislation
Article 137
E;PULSION
ELEMENTS:
a. That the offender is a public officer or emplo"ee
b. That he epels an" person from the Philippines, or compels a person to change
his residence
c. That the offender is not authori=ed to do so b" law
2 acts punishable$
a. b" epelling a person from the Philippines
b. b" compelling a person to change his residence
@The crime of epulsion absorbs that of grave coercion. 6f done b" a private person,
will amount to grave coercion>
i.e.,Villavicencio v. Lukban$ prostitutes9 case
7oes not include undesirable aliens? destierro? or when sent to prison
6f % @Ailipino> after he voluntaril" left, is refused re4entr" is considered forcing him to
change his address here
Threat to national securit" is not a ground to epel or change his address.
Article 130
1IOLATION OF 5OMICILE
ELEMENTS:
a. That the offender is a public officer or emplo"ee
b. That he is not authori=ed b" Budicial order to enter the dwelling andCor to ma<e a
search therein for papers or other effects
c. That he commits an" of the following acts$
1. entering an" dwelling against the will of the owner thereof
2. searching papers or other effects found therein without the previous consent
of such owner
3. refusing to leave the premises, after having surreptitiousl" entered said
dwelling and after having been re-uired to leave the same
!ggravating 3ircumstance @medium and maimum of penalt" imposed>$
a. offense committed at nighttime
b. papers or effects not constituting evidence of a crime be not returned
immediatel"
6f the offender who enters the dwelling against the will of the owner thereof is a
private individual, the crime committed is trespass to dwelling @!rt 2IJ>
#hen a public officer searched a person 8outside his dwelling: without a search
warrant and such person is not legall" arrested for an offense, the crime committed
b" the public officer is grave coercion, if violence or intimidation is used @!rt 2IF>, or
unBust veation, if there is no violence or intimidation @!rt 2IE>
E
! public officer without a search warrant cannot lawfull" enter the dwelling against
the will of the owner, even if he <new that someone in that dwelling is having
unlawful possession of opium
3 acts punishable$
a. person enters dwelling wCo consent or against the will
b. person enters and searches for papers and effects
c. person entered secretl" and refuses to leave after being as<ed to
8,eing authori=ed b" law: means with search warrant, save himself or do some
things good for humanit"
There must be epression that entr" is denied or that he is as<ed to leave
Papers and effects need not be part of a crime.
Article 132
SEARC6 /ARRANTS MALICIOUSLY O:TAINE5
ELEMENTS:
a. That the offender is a public officer or emplo"ee
b. That he procures a search warrant
c. That there is no Bust cause
A:USE IN T6E SER1ICE OF /ARRANT OR E;CEE5ING AUT6ORITY OR USING
UNNECESSARY SE1ERITY IN E;ECUTING A SEARC6 /ARRANT LEGALLY
PROCURE5
ELEMENTS:
a. That the offender is a public officer or emplo"ee
b. That he has legall" procured a search warrant
c. That he eceeds his authorit" or uses unnecessar" severit" in eecuting the
same
.earch warrant is valid for 1J da"s from its date
.earch warrant is an order in writing issued in the name of the People, signed b" the
Budge and directed to a public officer, commanding him to search for personal
propert" described therein and bring it before the court
*o Bust cause warrant is unBustified
.earch limited to what is described in the warrant, all details must be with
particularit"
/alicious warrant. 0ample. % was a respondent of a search warrant for illegal
possession of firearms. ! return was made. The gun did not belong to % and the
witness had no personal <nowledge that there is a gun in that place.
!buse eamples$
a. % owner was handcuffed while search was going4on.
b. Tan< was used to ram gate prior to announcement that a search will be made
c. Persons who were not respondents were searched
Article 184
ELEMENTS OF SEARC6ING 5OMICILE /IT6OUT /ITNESSES:
a. That the offender is a public officer or emplo"ee
b. That he is armed with a search warrant legall" procured
c. That he searches the domicile, papers or other belongings of an" person
d. That the owner, or an" member of his famil", or two witnesses residing in the
same localit" are not present
+rder of those who must witness the search$
a. Gomeowner
b. /embers of the famil" of sufficient age and discretion
c. 2esponsible members of the communit" @can9t be influenced b" the searching
part">
1alidit" of the search warrant can be -uestioned onl" in 2 courts$ where issued or
where the case is pending. Latter is preferred for obBective determination.
I
Article 181
PRO6I:ITION' INTERRUPTION' AN5 5ISSOLUTION OF PEACEFUL MEETINGS
ELEMENTS:
a. +ffender is a public officer or emplo"ee
b. Ge performs an" of the ff. acts$
1. prohibiting or interrupting, without legal ground the holding of a peaceful
meeting, or dissolving the same @e.g. denial of permit in arbitrar" manner>.
2. hindering an" person from Boining an" lawful association or from attending
an" of its meetings
prohibiting or hindering an" person from addressing, either alone or together with
others, an" petition to the authorities for the correction of abuses or redress of
grievances
6f the offender is a private individual, the crime is disturbance of public order @!rt 1H3>
/eeting must be peaceful and there is no legal ground for prohibiting, dissolving or
interrupting that meeting
/eeting is subBect to regulation
+ffender must be a stranger, not a participant, in the peaceful meeting? otherwise, it9s
unBust veation
6nterrupting and dissolving a meeting of the municipal council b" a public officer is a
crime against the legislative bod", not punishable under this article
The person tal<ing on a prohibited subBect at a public meeting contrar" to agreement
that no spea<er should touch on politics ma" be stopped
,ut stopping the spea<er who was attac<ing certain churches in public meeting is a
violation of this article
Prohibition must be without lawful cause or without lawful authorit"
Those holding peaceful meetings must compl" with local ordinances. 0ample$
+rdinance re-uires permits for meetings in public places. ,ut if police stops a
meeting in a private place because there9s no permit, officer is liable for stopping the
meeting.
Article 183
INTERRUPTION OF RELIGIOUS /ORS6IP
ELEMENTS:
a. That the officer is a public officer or emplo"ee
b. That religious ceremonies or manifestations of an" religion are about to ta<e
place or are going on
c. That the offender prevents or disturbs the same
3ircumstance -ualif"ing the offense$ if committed with violence or threats
2eading of ,ible and then attac<ing certain churches in a public pla=a is not a
ceremon" or manifestation of religion, but onl" a meeting of a religious sect. ,ut if
done in a private home, it9s a religious service
2eligious #orship$ people in the act of performing religious rites for a religious
ceremon"? a manifestation of religion. 0. /ass, baptism, marriage
%, a private person, boed a priest while the priest was giving homil" and while the
latter was maligning a relative of %. 6s % liable) % ma" be liable under !rt 133
because % is a private person.
#hen priest is solemni=ing marriage, he is a person in authorit", although in other
cases, he9s not.
Article 188
OFFEN5ING RELIGIOUS FEELINGS
ELEMENTS:
a. That the acts complained of were performed
1. in a place devoted to religious feelings, or @for this element, no need of
religious ceremon", onl" the place is material>
2. during the celebration of an" religious ceremon"
K
b. That the acts must be notoriousl" offensive to the feelings of the faithful
@deliberate intent to hurt the feelings>
c. The offender is an" person
d. There is a deliberate intent to hurt the feelings of the faithful, directed against
religious tenet
6f in a place devoted to religious purpose, there is no need for an ongoing religious
ceremon"
0ample of religious ceremon" @acts performed outside the church>. Processions
and special pra"ers for bur"ing dead persons but *+T pra"er rallies
!cts must be directed against religious practice or dogma or ritual for the purpose of
ridicule, as moc<ing or scoffing or attempting to damage an obBect of religious
veneration
There must be deliberate intent to hurt the feelings of the faithful, mere arrogance or
rudeness is not enough
326/0 *ature of 3rime #ho are Liable 6f 0lement /issing
Prohibition,
6nterruption and
7issolution of
Peaceful
/eeting @131>
3rime against the
fundamental law of
the state
Public officers,
+utsiders
6f not b" public officer L
tumults
6nterruption of
2eligious
#orship @132>
3rime against the
fundamental law of
the state
Public officers,
+utsiders
6f b" insider L unBust
veation
6f not religious L tumult or
alarms
6f not notoriousl" offensive
L unBust veation
+ffending the
2eligious Aeeling
@133>
3rime against
public order
Public officers,
private persons,
outsiders
6f not tumults L alarms
and scandal
6f meeting illegal at onset
L inciting to sedition or
rebellion
TITLE T6REE
I. CRIMES AGAINST PU:LIC OR5ER
Article 184
RE:ELLION OR INSURRECTION
ELEMENTS:
a. That there be
1. public uprising and
2. ta<ing arms against the government @forceCviolence>
b. That the purpose of the uprising or movement is either
1. to remove from the allegiance to said government or its laws
3 i. the territor" of the Philippines or an" part thereof, or
; ii. an" bod" of land, naval or other armed forces, or
2 To deprive the chief eecutive or congress, wholl" or partiall", of an" of their
powers or prerogatives
Persons liable for rebellion
a. !n" person who$ 1. promotes
2. maintains, or
3. heads a rebellion or insurrection? or
b. !n" person who, while holding an" public office or emplo"ment, ta<es part
therein b"$
1. engaging in war against the forces of the government
2. destro"ing propert" or committing serious violence
3. eacting contributions or diverting public funds from the lawful purpose for
which the" have been appropriated @*ote$ 8diverting public funds: is
malversation absorbed in rebellion>?
1J
;. !n" person merel" participating or eecuting the command of others in
rebellion
.uccess is immaterial, purpose is alwa"s political
2ebellion used where the obBect of the movement is completel" to overthrow and
supersede the eisting government
6nsurrection refers to a movement which see<s merel" to effect some change of
minor importance to prevent the eercise of gov9t authorit" wC respect to particular
matters or subBects
!ctual clash of arms wC the forces of the gov9t, not necessar" to convict the accused
who is in conspirac" wC others actuall" ta<ing arms against the gov9t
Purpose of the uprising must be shown but it is not necessar" that it be
accomplished
! change of government wCo eternal participation
26.6*G P&,L63L' and T!56*G !2/. !G!6*.T G+102*/0*T actual
participation. 6f there is no public uprising, the crime is of direct assault.
/ere giving of aid or comfort is not criminal in the case of rebellion. /erel"
s"mpathi=ing is not participation, there must be !3T&!L participation
*ot necessar" that there is <illing, mere threat of removing Phil is sufficient
2ebellion cannot be compleed with an" other crime. Gowever, illegal possession of
firearms in furtherance of rebellion is distinct from the crime of rebellion.
Aurthermore, it is a continuing crime such along with the crime of conspirac" or
proposal to commit such
! private crime ma" be committed during rebellion. 0amples$ <illing, possessions of
firearms, illegal association are absorbed. 2ape, even if not in furtherance of
rebellion cannot be compleed
6f <illing, robbing were done for private purposes or for profit, without an" political
motivation, the crime would be separatel" be punished and would not be embraced
b" rebellion @People v. Fernando>
2ead People v. ernande! and Enrile v. "ala!ar
Person deemed leader of rebellion in case he is un<nown$
!n" person who in fact$
a. directed the others
b. spo<e for them
c. signed receipts and other documents issued in their name
d. performed similar acts on behalf of the rebels
Article 184<A
COUP 5 E7TAT
ELEMENTS:
a. .wift attac<
b. !ccompanied b" violence, intimidation, threat, strateg" or stealth
c. 7irected against$
1. dul" constituted authorities
2. an" militar" camp or installation
3. communication networ<s or public utilities
;. other facilities needed for the eercise and continued possession of
power
H. .ingl" or simultaneousl" carried out an"where in the Philippines
F. 3ommitted b" an" person or persons belonging to the militar" or police or
holding an" public office or emplo"ment? with or without civilian support or
participation
E. #ith or without civilian support or participation
I. Purpose of sei=ing or diminishing state power
3rime ma" be committed b" a single person, an" government emplo"ee and even b"
civilian
Ta<ing up of arms not even necessar", what is important is violence, threat,
intimidation, strateg" or stealth
Treason @11;> 2ebellion @13;> 3oup d9etat .edition @13K>
11
@13;4!>
*ature of
3
r
i
m
e
3rime against
*ational .ecurit"
3rime against
Public +rder
3rime
against
Public +rder
3rime against
Public +rder
+vert
!
c
t
s
lev"ing war
against the gov9t?
+2
adherence and
giving aid or
comfort to
enemies
Public uprising
!*7
Ta<ing up arms
against the gov9t
.ee article. 2ising publicl" or
tumultuousl"
@caused b" more
than 3 armed men
or provided with
means of violence>
Purpose
of
obBective
7eliver the gov9t
to enem" during
war
.ee article. .ei=ing or
diminishing
state power.
.ee enumeration in
article.
Article 185
PENALTIES
#ho are liable)
a. !n" person who$
1. Promotes
2. /aintains
3. heads a rebellion or insurrection
b. !n" person who, while holding an" public office or emplo"ment, ta<es part
therein
1. engaging in war against the forces of the gov9t
2. destro"ing propert" or committing serious violence
3. eacting contributions or diverting public funds from the lawful purpose for
which the" have been appropriated
c. !n" person merel" participating or eecuting the command of other in a rebellion
6n Government .ervice *ot in Government .ervice
!n"one who leads, directs, commands others
to underta<e a coup.
!n"one who participates or in an manner,
supports, finances, abets, aids in a coup.
.erious violence is that inflicted upon civilians, which ma" result in homicide. 6t is not
limited to hostilities against the armed force.
7iverting public funds is malversation absorbed in rebellion
a. Public officer must ta<e active part because mere silence or omission not
punishable in rebellion
b. 6t is not a defense in rebellion that the accused never too< the oath of allegiance
to, or that the" never recogni=ed the government
c. 2ebellion cannot be compleed with murder and other common crimes
committed in pursuance of the movement to overthrow the government
d. 5illing, robbing etc for private persons or for profit, without an" political
motivation, would be separatel" punished and would not be absorbed in the
rebellion.
Article 186
CONSPIRACY TO COMMIT RE:ELLION OR INSURRECTION
ELEMENTS:
a. 2 more persons come to an agreement to rise publicl" and ta<e arms against the
government
b. Aor an" of the purposes of rebellion
c. The" decide to commit it
PROPOSAL TO COMMIT RE:ELLION OR INSURRECTION =186>
ELEMENTS:
a. ! person who has decided to rise publicl" and ta<e arms the government
12
b. Aor an" of the purposes of rebellion
c. Proposes its eecution to some other personCs
+rgani=ing a group of soldiers, soliciting membership in, and soliciting funds for the
organi=ation show conspirac" to overthrow the gov9t
The mere fact of giving and rendering speeches favoring 3ommunism would not
ma<e the accused guilt" of conspirac" if there9s no evidence that the hearers then
and there agreed to rise up in arms against the gov9t
3onspirac" must be immediatel" prior to rebellion
6f it is during the rebellion, then it is alread" ta<ing part in it.
Article 187
5ISLOYALTY OF PU:LIC OFFICERS AN5 EMPLOYEES
ELEMENTS:
a. Aailing to resist rebellion b" all the means in their power
b. 3ontinuing to discharge the duties of their offices under the control of rebels
c. !ccepting appointment to office under rebels
Presupposes eistence of rebellion
/ust not be in conspirac" with rebels or coup plotters
6f there are means to prevent the rebellion but did not resist it, then there9s dislo"alt".
6f there are no means, no fault
6f position is accepted in order to protect the people, not covered b" this
The collaborator must not have tried to impose the wishes of the rebels of the
people.
Article 180
INCITING TO RE:ELLION OR INSURRECTION
ELEMENTS:
a. That the offender does not ta<e arms or is not in open hostilit" against the
government
b. That he incites others to the eecution of an" of the acts of rebellion
c. That the inciting is done b" means of speeches, proclamations, writings,
emblems, banners or other representations tending to the same end
6ntentionall" calculated to seduce others to rebellion
There must be uprising to ta<e up arms and rise publicl" for the purposes indicated
in !rt 13;
Proposal to 3ommit 2ebellion @13F> 6nciting to 2ebellion @13I>
The person who proposes has decided to
commit rebellion.
*ot re-uired that the offender has
decided to commit rebellion.
The person who proposes the eecution
of the crime uses secret means.
The inciting is done publicl".
Article 182
SE5ITION
ELEMENTS:
a. That the offenders rise
1. Publicl" @if no public uprising L tumult and other disturbance of public order>
2. Tumultuousl" @vis4M4vis rebellion where there must be a ta<ing of arms>
b. That the" emplo" force, intimidation, or other means outside of legal methods
c. That the offenders emplo" an" of those means to attain an" of the following
obBects$
1. to prevent the promulgation or eecution of an" law or the holding of an"
popular election
2. to prevent the national government, or an" provincial or municipal
government, or an" public thereof from freel" eercising its or his functions,
or prevent the eecution of an" administrative order
13
3. to inflict an" act or hate or revenge upon the person or propert" of an" public
officer or emplo"ee
;. to commit for an" political or social end, an" act of hate or revenge against
private persons or an" social class @hence, even private persons ma" be
offended parties>
H. to despoil, for an" political or social end, an" person, municipalit" or province,
or the national government of all its propert" or an" part thereof
.edition$ raising of commotion or disturbances in the .tate. 6ts ultimate obBect is a
violation of the public peace or at least such measures that evidentl" engenders it.
7ifference from rebellion obBect or purpose of the surprising. Aor sedition
sufficient that uprising is tumultuous. 6n rebellion there must be ta<ing up of arms
against the government.
.edition purpose ma" be either political or social. 6n rebellion alwa"s political
Tumultuous caused b" more than 3 persons who are armed or provided with
means of violence
Preventing public officers from freel" eercising their functions
6n sedition offender ma" be a private or public person @0. .oldier>
Public uprising and the obBect of sedition must concur
N$ !re common crimes absorbed in sedition) 6n P v. #mali, .3 held that *+. 3rimes
committed in that case were independent of each other.
Preventing election through legal means *+T sedition
,ut when sugar farmers demonstrated and destro"ed the properties of sugar barons
sedition
Persons liable for sedition$
a. leader of the sedition, and
b. other persons participating in the sedition
Article 143
INCITING TO SE5ITION
ELEMENTS:
a. That the offender does not ta<e a direct part in the crime of sedition
b. That he incites others to the accomplishment of an" of the acts which constitute
sedition @13;>
c. That the inciting is done b" means of speeches, proclamations, writing, emblems,
cartoons, banners, or other representations tending to the same end @purpose$
cause commotion not eactl" against the government? actual disturbance not
necessar">
7ifferent acts of inciting to sedition$
a. 6nciting others to the accomplishment of an" of the acts which constitute sedition
b" means of speeches, proclamations, writings, emblems etc.
b. &ttering seditious words or speeches which tend to disturb the public peace or
writing, publishing, or circulating scurrilous Ovulgar, mean, libelousP libels against
the government or an" of the dul" constituted authorities thereof, which tend to
disturb the public peace
c. 5nowingl" concealing such evil practices
#hen punishable$
a. when the" tend to disturb or obstruct an" lawful officer in eecuting the functions
of his office? or
b. when the" tend to instigate others to cabal and meet together for unlawful
purposes
c. when the" suggest or incite rebellious conspiracies or riots? or
d. when the" lead or tend to stir up the people against the lawful authorities or to
disturb the peace of the communit", the safet" and order of the government
II. CRIMES AGAINST POPULAR REPRESENTATION
Article 148
ACTS TEN5ING TO PRE1ENT T6E MEETING OF CONGRESS AN5 SIMILAR
:O5IES
1;
ELEMENTS:
a. That there be a proBected or actual meeting of 3ongress or an" of its committees
or subcommittees, constitutional commissions or committees or division thereof,
or of an" provincial board or cit" or municipal council or board
b. That the offender who ma" be an" persons prevents such meeting b" force or
fraud
3hief of Police and ma"or who prevented the meeting of the municipal council are
liable under !rt 1;3, when the defect of the meeting is not manifest and re-uires an
investigation before its eistence can be determined.
Article 144
5ISTUR:ANCE OF PROCEE5INGS
ELEMENTS:
a. That there be a meeting of 3ongress or an" of its committees, constitutional
commissions or committees or divisions thereof, or of an" provincial board or cit"
or municipal council or board
b. That the offender does an" of the following acts
1. he disturbs an" of such meetings
2. he behaves while in the presence of an" such bodies in such a manner as to
interrupt its proceedings or to impair the respect due it
3omplaint must be filed b" member of the Legislative bod". !ccused ma" also be
punished for contempt.
Article 145
1IOLATION OF PARLIAMENTARY IMMUNITY
!cts punishable$
a. ," using force, intimidation, threats, or frauds to prevent an" member of
3ongress from
1. attending the meeting of the assembl" or an" of its committees, constitutional
commissions or committees or divisions thereof, or from
2. epressing his opinions or
3. casting his vote
b. ," arresting or searching an" member thereof while 3ongress is in a regular or
special session, ecept in case such member has committed a crime punishable
under the code b" a penalt" higher than prision ma"or
0lements$
1. That the offender is a public officer or emplo"ee
2. That he arrests or searches an" member of 3ongress
3. That 3ongress, at the time of arrest or search, is in a regular or special
session
;. That the member searched has not committed a crime punishable under the
code b" a penalt" higher than prision ma"or @1KIE constitution$ privilege from
arrest while congress in session in all offenses punishable b" not more than F
"ears imprisonment>.
!rticle partl" inoperative because of the 1KIE 3onstitution
.
III. ILLEGAL ASSEM:LIES AN5 ASSOCIATIONS
Article 146
ILLEGAL ASSEM:LIES
Two @2> T"pes of illegal assemblies$
a. /eeting of the first form
1. /eeting, gathering or group of persons whether in a fied place or moving
2. purpose $ to commit an" of crimes punishable under the code
3. meeting attended b" armed persons
b. /eeting of the second form
1. /eeting, gathering or group of persons whether in a fied place or moving
1H
2. !udience whether armed or not, is incited to the commission of the crime of
treason, rebellion or insurrection, sedition or direct assault.
*ot all the persons present at the meeting of the first form of illegal assembl" must
be armed
Persons liable for illegal assembl"
a. the organi=ers or leaders of the meeting
b. persons merel" present at the meeting @ecept when presence is out of curiosit"
not liable>
2esponsibilit" of persons merel" present at the meeting
a. if the" are not armed, penalt" is arresto ma"or
b. if the" carr" arms, li<e bolos or <nives, or licensed firearms, penalt" is prision
correccional
Presumptions if person present at the meeting carries an unlicensed firearm$
a. purpose of the meeting is to commit acts punishable under the 2P3
b. considered as leader or organi=er of the meeting
Article 147
ILLEGAL ASSOCIATIONS
ELEMENTS:
a. +rgani=ed totall" or partiall" for the purpose of committing an" of the crimes in
2P3
b. +r for some purpose contrar" to public morals
Persons liable$
a. founders, directors and president of the association
b. mere members of the association
6llegal !ssembl" @1;F> 6llegal !ssociation @1;E>
/ust be an actual meeting of armed
persons to commit an" of the crimes
punishable under the 2P3, or of individuals
who, although not armed, are incited to the
commission of treason, rebellion, sedition
or assault upon a person in authorit" of his
agent.
*o need for such
6t is the meeting and the attendance at such
that are punished
!ct of forming or organi=ing and
membership in the association
Persons liable$ leaders and those present Aounders, directors, president and
members
I1. ASSAULT' RESISTANCE AN5 5ISO:E5IENCE
Article 140
5IRECT ASSAULT

ELEMENTS OF T6E 1
ST
FORM OF 5IRECT ASSAULT
a. That the offender emplo"s force or intimidation.
b. That the aim of the offender is to attain an" of the purposes of the crime of
rebellion or an" of the obBects of the crimes of sedition. @victim need not be
person in authorit">
c. That there is no public uprising.
ELEMENTS OF T6E 3
N5
FORM OF 5IRECT ASSAULT:
a. That the offender @a> ma<es an attac<, @b> emplo"s force, @c> ma<es a serious
intimidation, or @d> ma<es a serious resistance.
b. That the person assaulted is a person in authorit" or his agent.
c. That at the time of the assault the person in authorit" or his agent @a> is engaged
in the actual performance of official duties @motive is not essential>, or that he is
assaulted @b> b" reason of the past performance of official duties @motive is
essential>.
d. That the offender <nows that the one he is assaulting is a person in authorit" or
his agent in the eercise of his duties @with intention to offend, inBure or assault>.
e. That there is no public uprising.
1F
!lwa"s compleed with the material conse-uence of the act @e.g. direct assault with
murder> ecept if resulting in a light felon", in which case, the conse-uence is
absorbed
Gitting the policeman on the chest with fist is not direct assault because if done
against an agent of a person in authorit", the force emplo"ed must be of serious
character
The force emplo"ed need not be serious when the offended part" is a person in
authorit" @e. La"ing of hands>
The intimidation or resistance must be serious whether the offended part" is an
agent onl" or a person in authorit" @e. Pointing a gun>
Aorce 0mplo"ed 6ntimidationC2esistance
Person in !uthorit" *eed not be serious .erious
!gent /ust be of serious character .erious
Person in authorit"$ an" person directl" vested with Burisdiction @power or authorit" to
govern and eecute the laws> whether as an individual or as a member of some
court or governmental corporation, board or commission
! baranga" captain is a person in authorit", so is a 7ivision .uperintendent of
schools, President of .anitar" 7ivision and a teacher
!gent$ is one who, b" direct provision of law or b" election or b" appointment b"
competent authorit", is charged with the maintenance of public order and the
protection and securit" of life and propert". @0ample. ,arrio councilman and an"
person who comes to the aid of the person in authorit", policeman, municipal
treasurer, postmaster, sheriff, agents of the ,62, /alacaQang confidential agent>
0ven when the person in authorit" or the agent agrees to fight, still direct assault.
#hen the person in authorit" or the agent provo<edCattac<ed first, innocent part" is
entitled to defend himself and cannot be held liable for assault or resistance nor for
ph"sical inBuries, because he acts in legitimate self4defense
There can be no assault upon or disobedience to one authorit" b" another when the"
both contend that the" were in the eercise of their respective duties.
#hen assault is made b" reason of the performance of his dut" there is no need for
actual performance of his official dut" when attac<ed
3ircumstances -ualif"ing the offense @Nualified !ssault>$
a. when the assault is committed with a weapon
b. when the offender is a public officer or emplo"ee
c. when the offender la"s hand upon a person in authorit"
3omple crime of direct assault with homicide or murder, or with serious ph"sical
inBuries.
7irect assault cannot be committed during rebellion.
Article 142
IN5IRECT ASSAULT
ELEMENTS:
a. That a person in authorit" or his agent is the victim of an" of the forms of direct
assault defined in !2T. 1;I.
b. That a person comes to the aid of such authorit" or his agent.
c. That the offender ma<es use of force or intimidation upon such person coming to
the aid of the authorit" or his agent.
6ndirect assault can be committed onl" when a direct assault is also committed
To be indirect assault, the person who should be aided is the agent @not the person in
authorit" because it is alread" direct assault, the person coming to the aid of the
person in authorit" being considered as an agent and an attac< on the latter is
alread" direct assault>. 0ample. !iding a policeman under attac<.
Article 154
5ISO:E5IENCE TO SUMMONS
1E
Acts *"is)#%le:
a. refusing without legal ecuse to obe" summons
b. refusing to be sworn or placed under affirmation
c. refusing to answer an" legal in-uir" to produce boo<s, records etc.
d. restraining another from attending as witness in such bod"
e. inducing disobedience to a summons or refusal to be sworn
Article 151
RESISTANCE 5ISO:E5IENCE TO A PERSON IN AUT6ORITY OR T6E AGENT OF
SUC6 PERSON =#r. 1>
ELEMENTS:
a. That a person in authorit" or his agent is engaged in the performance of official
dut" or gives a lawful order to the offender.
b. That the offender resists or seriousl" disobe"s such person in authorit" or his
agent.
c. That the act of the offender is not included in the provisions of arts. 1;I, 1;K and
1HJ.
SIMPLE 5ISO:E5IENCE =#r. 3>
ELEMENTS:
a. That an agent of a person in authorit" is engaged in the performance of official
dut" gives a lawful order to the offender.
b. That the offender disobe"s such agent of a person in authorit".
c. That such disobedience is not of a serious nature.
7irect !ssault @1;I> 2esistant and 7isobedience to a Person in
!uthorit" or !gents of such Person @1H1>
P6! or his agent must be engaged in the
performance of official duties or that he
is assaulted
P6! or his agent must be in the actual
performance of his duties.
7irect assault is committed in ; wa"s
b" attac<ing, emplo"ing force, and
seriousl" resisting a P6! or his agent.
3ommitted b" resisting or seriousl"
disobe"ing a P6! or his agent.
&se of force against an agent of P6!
must be serious and deliberate.
&se of force against an agent of a P6! is not
so serious? no manifest intention to def" the
law and the officers enforcing it.
Article 153
PERSONS IN AUT6ORITY?AGENTS OF PERSONS IN AUT6ORITY:
Persons in !uthorit" an" person directl" vested with Burisdiction, whether as an
individual or as a member of some court or governmental corporation, board or
commission.
a. ,aranga" captain
b. ,aranga" chairman
c. Teachers
d. Professors
e. Persons charged with the supervision of public or dul" recogni=ed private
schools, colleges and universities
f. Law"ers in the actual performance of their professional duties or on the occasion
of such performance
!gent of Person in !uthorit" an" person who, b" direct provision of law or b"
election or b" appointment b" competent authorit", is charged with the maintenance
of public order and the protection and securit" of life and propert".
a. ,arrio councilman
b. ,arrio policeman
c. ,aranga" leader
d. !n" person who comes to the aid of persons in authorit"
.ection 3II of the Local Gov9t 3ode provides that 8for purposes of the 2P3, the
punong baranga", sangguniang baranga" members and members of the lupong
tagapama"apa in each baranga" shall be deemed as persons in aut$orit% in their
Burisdictions, while other baranga" officials and members who ma" be designated b"
1I
law or ordinance and charged with the maintenance of public order, protection and
the securit" of life, propert", or the maintenance of a desirable and balanced
environment, and an" baranga" member who comes to the aid of persons in
authorit" shall be deemed AGE&' o( persons in aut$orit%.
1. CRIMES AGAINST PU:LIC 5ISOR5ERS
Article 158
TYPES OF TUMULTS AN5 OT6ER 5ISTUR:ANCES OF PU:LIC OR5ER:
a. 3ausing an" serious disturbance in a public place, office or establishment
b. 6nterrupting or disturbing public performances, functions, gatherings or peaceful
meetings, if the act is not included in !rt 131 and 132 @Public +fficers interrupting
peaceful meetings or religious worship>.
c. /a<ing an" outcr" tending to incite rebellion or sedition in an" meeting,
association or public place
d. 7ispla"ing placards or emblems which provo<e a disturbance of public order in
such place
e. ,ur"ing with pomp the bod" of a person who has been legall" eecuted.
6f the act of disturbing or interrupting a meeting or religious ceremon" is *+T
committed b" public officers, or if committed b" public officers the" are not
participants therein, this article applies. !rt 131 and 132 punishes the same acts if
committed b" public officers who are *+T participants in the meeting
The outcr" is merel" a public disorder if it is an unconscious outburst which, although
rebellious or seditious in nature, is not intentionall" calculated to induce others to
commit rebellion or sedition, otherwise, its inciting to rebellion or sedition.
Tumultuous if caused b" more than 3 persons who are armed or provided with
means of violence @circumstance -ualif"ing the disturbanceCinterruption>
8tumultuous in character:
Article 154
TYPES OF UNLA/FUL USE OF MEANS OF PU:LICATION AN5 UNLA/FUL
UTTERANCES:
a. Publishing or causing to be published, b" means of printing, lithograph" or
an" other means of publication as news an" false news which ma" endanger the
public order, or cause damage to the interest or credit of the .tate.
b. 0ncouraging disobedience to the law or to the constituted authorities or b"
praising, Bustif"ing or etolling an" act punished b" law, b" the same means or b"
words, utterances or speeches
c. /aliciousl" publishing or causing to be published an" official resolution or
document without proper authorit", or before the" have been published officiall"
d. Printing, publishing or distributing or @causing the same> boo<s, pamphlets,
periodicals or leaflets which do not bear the real printer9s name or which are
classified as anon"mous.
Article 155
TYPES OF ALARMS AN5 SCAN5ALS:
a. 7ischarging an" firearm, roc<et, firecrac<er, or other eplosive within an" town or
public place, calculated to cause alarm or danger
b. 6nstigating or ta<ing active part in an" charivari or other disorderl" meeting
offensive to another or preBudicial to public tran-uilit"
c. 7isturbing the public peace while wandering about at night or while engaged in
an" other nocturnal amusement
d. 3ausing an" disturbance or scandal in public places while intoicated or
otherwise, provided the act is not covered b" !rt 1H3 @tumult>.
3harivari moc< serenade or discordant noises made with <ettles, tin horns etc,
designed to deride, insult or anno"
1K
Airearm must not be pointed at a person, otherwise, it is illegal discharge
#hat governs is the result, not the intent
326/0 *ature of 3rime #ho are Liable
Tumults and other
7isturbances @1H3>
3rime against Public +rder Private persons,
outsider
!larms and .candals @1HH> 3rime against Public +rder Private persons,
outsider
Article 156
ELEMENTS OF 5ELI1ERING PRISONERS FROM @AILS:
a. That there is a person confined in a Bail or penal establishment.
b. That the offender removes therefor such person, or helps the escape of such
person @if the escapee is serving final Budgement, he is guilt" of evasion of
sentence>.
c. +ffender is a private individual
Prisoner ma" be detention prisoner or one sentenced b" virtue of a final Budgment
! policeman assigned to the cit" Bail as guard who while off4dut" released a prisoner
is liable here
6t ma" be committed through negligence
3ircumstances -ualif"ing the offense is committed b" means of violence,
intimidation or briber".
/itigating circumstance if it ta<es place outside the penal establishment b" ta<ing
the guards b" surprise
1I. E1ASION OF SENTENCE OR SER1ICE
Article 157
ELEMENTS OF E1ASION OF SER1ICE OF SENTENCE:
a. That the offender is a convict b" final Budgment.
b. That he is serving his sentence which consists in deprivation of libert"
@destierro included>
c. That he evades the service of his sentence b" escaping during the term if his
sentence. @fact of return immaterial>.
! continuing offense.
+ffenders not minor delin-uents nor detention prisoners
6f escaped within the 1H da" appeal period no evasion
*o applicable to deportation as the sentence
Alims" ecuse for violating destierro not acceptable
3ircumstances -ualif"ing the offense @done thru>$
a. unlawful entr" @b" 8scaling:>
b. brea<ing doors, windows, gates, walls, roofs or floors
c. using pic<loc<s, false <e"s, disguise, deceit, violence or intimidation
d. connivance with other convicts or emplo"ees of the penal institution
Article 150
ELEMENTS OF E1ASION OF SER1ICE OF SENTENCE ON T6E OCCASION OF
5ISOR5ERS' CONFLAGRATIONS' EART69UAAES OR OT6ER CALAMITIES:
a. That the offender is a convict b" final Budgement who is confined in a penal
institution.
b. That there is disorder, resulting from4 1. conflagration,
2. earth-ua<e,
3. eplosion, or
;. similar catastrophe, or
H. mutin" in which he has not participated.
c. That the offender evades the service of his sentence b" leaving the penal
institution where he is confined, on the occasion of such disorder or during
the mutin".
2J
d. That the offender fails to give himself up to the authorities within ;I hours
following the insurance of a proclamation b" the chief eecutive announcing
the passing awa" of such calamit".
Penalt"$ an increase b" 1CH of the time remaining to be served under the original
sentence, in no case to eceed F months.
+ffender must escape to be entitled to allowance
/utin" organi=ed unlawful resistance to a superior officer, a sedition, a revolt
7isarming the guards is not mutin"
Article 152
1IOLATION OF CON5ITIONAL PAR5ON
ELEMENTS:
a. That the offender was a convict.
b. That he was granted a conditional pardon b" the chief eecutive.
c. That he violated an" of the conditions of such pardon.
3ondition etends to special laws violation of illegal voting
+ffender must have been found guilt" of the subse-uent offense before he can be
prosecuted under this !rticle. ,ut if under 2evised !dmin 3ode, no conviction
necessar". President has power to arrest, reincarnate offender without trial
16+L!T6+* +A P!27+* +276*!2' 01!.6+*
6nfringement of conditionsCterms of
President
To evade the penalt" given b" the courts
disturbs the public order
Two penalties provided$
a. prision correccional in its minimum period if the penalt" remitted does not
eceed F "ears
b. the unepired portion of his original sentence if the penalt" remitted is higher
than F "ears
1II. COMMISSION OF ANOT6ER CRIME
Article 164
COMMISSION OF ANOT6ER CRIME 5URING SER1ICE OF PENALTY IMPOSE5
FOR ANOT6ER PRE1IOUS OFFENSE<PENALTY: =quasi-recidivism>
ELEMENTS
a. That the offender was alread" convicted b" final Budgement of one offense.
b. That he committed a new felon" before beginning to serve such sentence or
while serving the same.
Nuasi4recidivism $ a person after having been convicted b" final Budgement shall
commit a new felon" before beginning to serve such sentence, or while serving the
same.
.econd crimes must belong to the 2P3, not special laws. Airst crime ma" be either
from the 2P3 or special laws
2eiteracion$ offender shall have served out his sentence for the prior offense
! -uasi4recidivist ma" be pardoned at age EJ. 0cept$ &nworth" or Gabitual
7elin-uent
6f new felon" is evasion of sentence offender is not a -uasi4recidivist
Penalt"$ maimum period of the penalt" for the new felon" should be imposed
@mitigating circumstance can onl" be appreciated if the maimum is divisible>
Nuasi42ecidivism ma" be offset b" a special privileged mitigating circumstance @e.
/inorit">
TITLE FOUR
I. CRIMES AGAINST PU:LIC INTEREST
Article 161
21
TYPES OF COUNTERFEITING GREAT SEAL OF GO1ERNMENT:
a. Aorging the great seal of the Government
b. Aorging the signature of the President
c. Aorging the stamp of the President
#hen the signature of the President is forged, it is not falsification but forging of
signature under this article
.ignature must be forged, others signed it not the President.
Article 163
USING FORGE5 SIGNATURE OR COUNTERFEIT SEAL OR STAMP:
a. That the great seal of the republic was counterfeited or the signature or
stamp of the chief eecutive was forged b" another person.
b. That the offender <new of the counterfeiting or forger".
c. That he used the counterfeit seal or forged signature or stamp.
+ffender is *+T the forgerCnot the cause of the counterfeiting
Article 168
ELEMENTS OF MAAING AN5 IMPORTING AN5 UTTERING FALSE COINS:
a. That there be false or counterfeited coins @need not be legal tender>.
b. That the offender either made, imported or uttered such coins.
c. That in case of uttering such false or counterfeited coins, he connives with
counterfeiters or importers.
3oin is counterfeit if it is forged, or if it is not an article of the government as legal
tender, regardless if it is of no value
3ounterfeiting imitation of legal or genuine coin @ma" contain more silver, different
design> such as to deceive an ordinar" person in believing it to be genuine
&tter to pass counterfeited coins, deliver or give awa"
6mport to bring to port the same
,oth Philippine and foreign state coins
!pplies also to coins withdrawn from circulation
0ssence of article$ ma<ing of coins without authorit"
Article 164
ELEMENTS OF MULTILATION OF COINS B IMPORTATION AN5 UTTERANCE:
This has been repealed b" P7 2;E. &nder this P7, the acts punishable are$
a. willful defacement
b. mutilation
c. tearing
d. burning
e. destruction of 3entral ,an< notes and
coins
/utilation to ta<e off part of the metal either b" filling it or substituting it for another
metal of inferior -ualit", to diminish b" inferior means @to diminish metal contents>.
Aoreign notes and coins not included. /ust be legal tender.
/ust be intention to mutilate.
Article 165
SELLING OF FALSE OR MUTILATE5 COIN' /IT6OUT CONNI1ANCE
2 T"pes
a. Possession of coin, counterfeited or mutilated b" another person, with intent
to utter the same, <nowing that it is false or mutilated.
0L0/0*T.$
1. possession
2. with intent to utter, and
3. <nowledge
b. !ctuall" uttering such false or mutilated coin, <nowing the same to be false or
mutilated.
0L0/0*T.$
1. actuall" uttering, and
2. <nowledge.
22
Possession does not re-uire legal tender in foreign coins
6ncludes constructive possession
2ead 2! ;2E
Article 166
FORGING TREASURY OR :ANA NOTES B IMPORTING AN5 UTTERING

!cts punishable$
a. Aorging or falsit" of treasur"Cban< notes or documents pa"able to bearer
b. 6mporting of such notes
c. &ttering of such false or forged obligations and notes in connivance with
forgers and importers
Aorging b" giving a treasur" or ban< note or document pa"able to bearerCorder an
appearance of a true and genuine document
Aalsification b" erasing, substituting, counterfeiting or altering b" an" means the
figures and letters, words, signs contained therein
0.g. falsif"ing lotto or sweepsta<es tic<et. !ttempted estafa through falsification of
an obligation or securit" of the Phil
P*, chec<s not included here it9s falsification of commercial document under
!rticle 1E2
+bligation or securit" includes$ bonds, certificate of indebtedness, bills, national ban<
notes, coupons, treasur" notes, certificate of deposits, chec<s, drafts for mone",
sweepsta<es mone"
Article 167
ELEMENTS OF COUNTERFEITING' IMPORTING' AN5 UTTERING
INSTRUMENTS NOT PAYA:LE TO :EARER:
a. That there be an instrument pa"able to order or other document of credit not
pa"able to bearer.
b. That the offender either forged, imported or uttered such instruments.
c. That in case of uttering, he connived with the forger or importer.
Article 160
ELEMENTS OF ILLEGAL POSSESSION AN5 USE OF FALSE TREASURY OR
:ANA NOTES AN5 OT6ER INSTRUMENT OF CRE5IT:
a. That an" treasur" or ban< note or certificate or other obligation and securit"
pa"able to bearer, or an" instrument pa"able to order or other document of
credit not pa"able to bearer is forged or falsified b" another person.
b. That the offender <nows that an" of those instruments is forged or falsified.
c. That he performs an" of these acts
1. using an" of such forged or falsified instrument, or
2. possessing with intent to use an" of such forged or falsified instrument.
!ct sought to be punished$ 5nowingl" possessing with intent to use an" of such
forged treasur" or ban< notes
Article 162
FORGERY
Gow forger" is committed$
a. b" giving to a treasur" or ban< note or an" instrument pa"able to bearer or to
order, the appearance of a true and genuine document
b. b" erasing, substituting, counterfeiting, altering b" an" means the figures, letters
or words, or signs contained therein.
if all acts done but genuine appearance is not given, the crime is frustrated
Article 174
0L0/0*T. +A A!L.6A63!T6+* +A L0G6.L!T610 7+3&/0*T.$
a. That these be a bill, resolution or ordinance enacted or approved or pending
approval b" the national assembl" or an" provincial board or municipal council.
b. That the offender @an" person> alters the same.
c. That he has no proper authorit" therefor.
d. That the alteration has changed the meaning of the document.
23
!ccused must not be a public official entrusted with the custod" or possession of
such document otherwise !rt 1E1 applies .
Article 171
FALSIFICATION OF 5OCUMENTS :Y PU:LIC OFFICER' EMPLOYEE' OR NOTARY
OR ECCLESTASTICAL MINISTER
ELEMENTS:
a. That the offender is a public officer, emplo"ee, or notar" public.
b. That he ta<es advantage of his official position.
c. That he falsifies a document b" committing an" of the following acts$
1. 3ounterfeiting or imitating an" handwriting, signature or rubric.
2e-uisites$
i. That there be an intent to imitate, or an attempt to imitate
ii. That the two signatures or handwritings, the genuine and the
forged, bear some resemblance, to each other
@lac< of similitudeCimitation of a genuine signature will not be a ground
for conviction under par. 1 but such is not an impediment to conviction
under par. 2>
2. 3ausing it to appear that persons have participated in an" act or proceeding
when the" did not in fact so participate.
3. !ttributing to persons who have participated in an act or proceeding
statements other than those in fact made b" them.
2e-uisites$
i. That the offender caused it to appear in a document that a
personCs participated in an act or a proceeding? and
ii. That such personCs did not in fact so participate in the act or
proceeding
;. /a<ing untruthful statements in a narration of facts?
2e-uisites$
i. That the offender ma<es in a document statements in a narration
of facts
ii. That he has a legal obligation to disclose the truth of the facts
narrated b" him? @re-uired b" law to be done> and
iii. That the facts narrated b" the offender are absolutel" false? and
iv. That the perversion or truth in the narration of facts was made with the
wrongful intent of inBuring a third person
There must be a narration of facts, not a conclusion of law. /ust be on a
material matter
Legal obligation means that there is a law re-uiring the disclosure of the
truth of the facts narrated. 0. 2esidence certificates
The person ma<ing the narration of facts must be aware of the falsit" of
the facts narrated b" him. This <ind of falsification ma" be committed b"
omission
H. !ltering true dates. date must be essential
F. /a<ing an" alteration or intercalation in a genuine document which changes
its meaning.
2e-uisites$
i. That there be an alteration @change> or intercalation @insertion> on
a document
ii. That it was made on a genuine document
iii. That the alterationCintercalation has changed the meaning of the
document
iv. That the change made the document spea< something false.
E. 6ssuing in an authenticated form a document purporting to be a cop" of an
original document when no such original eists, or including in such cop" a
statement contrar" to, or different from, that of the genuine original? @if no
<nowledge, falsification through negligence> or
I. 6ntercalating an" instrument or note relative to the issuance thereof in a
protocol, registr", or official boo<. @genuine document>
2;
d. 6n case the offender is an ecclesiastical minister, the act of falsification is
committed with respect to an" record or document of such character that its
falsification ma" affect the civil status of persons.
There is no crime of attempted or frustrated falsification of public document
Persons liable public officer, emplo"ee or notar" public or ecclesiastical minister
6f offender does not ta<e advantage of his public position, he ma" still be liable for
falsification of documents b" a private person
7ocument$ an" written statement b" which a right is established or an obligation is
etinguished
*ot necessar" that what is falsified is a genuine or real document, enough that it
gives an appearance of a genuine article
3ounterfeiting imitating an" handwriting, signature or rubric
Aeigning simulating a signature, handwriting, or rubric out of one of which does not
in fact eist
Article 173
FALSIFICATION OF PU:LIC' OFFICIAL' OR COMMERCIAL 5OCUMENT :Y A
PRI1ATE IN5I1I5UAL =#r 1>
ELEMENTS
a. That the offender is a private individual or a public officer or emplo"ee who
did not ta<e advantage of his official position.
b. That he committed an" of the acts of falsification enumerated in !2T. 1E1.
1. 3ounterfeiting or imitating an" handwriting, signature or rubric.
2. 3ausing it to appear that persons have participated in an" act or proceeding
when the" did not in fact so participated.
3. !ttributing to persons who have participated in an act or proceeding
statements other than those in fact made b" them.
;. /a<ing untruthful statements in a narration of facts?
H. !ltering true dates.
F. /a<ing an" alteration or intercalation in a genuine document which changes
its meaning.
c. That the falsification was committed in an" public or official or commercial
document.
&nder this paragraph, damage is not essential, it is presumed
7efense$ lac< of malice or criminal intent
The following writings are public$
a. the written acts or records of cats of the sovereign authorit" of official bodies and
tribunals, and of the public officers, legislative, Budicial and eecutive, whether of
the Philippines or of a foreign countr".
b. Public records <ept in the Philippines.
0amples of commercial documents warehouse receipts, airwa" bills, ban<
chec<s, cash files, deposit slips and ban< statements, Bournals, boo<s, ledgers,
drafts, letters of credit and other negotiable instruments
3ash disbursement vouchers or receipts evidencing pa"ments are not commercial
documents
! mere blan< form of an official document is not in itself a document
The possessor of falsified document is presumed to be the author of the falsification
FALSIFICATION UN5ER PARAGRAP6 3 OF ART. 173. OF PRI1ATE 5OCUMENT
ELEMENTS :
a. That the offender committed an" of the acts of falsification, ecept those in
paragraph E and I, enumerated in art. 1E1.
b. That the falsification was committed in an" private document @must affect the
truth or integrit" of the document>
c. That the falsification caused damage @essential element? hence, no crime of
estafa thus falsification of private document> to a third part" or at least the
falsification was committed with intent to cause such damage.
*ot necessar" that the offender profited or hoped to profit from the falsification
! document falsified as a necessar" means to commit another crime must be public,
official or commercial
2H
There is no comple crime of estafa through falsification of a private document
because the immediate effect of the latter is the same as that of estafa
6f the estafa was alread" consummated at the time of the falsification of a private
document was committed for the purpose of concealing the estafa, the falsification is
not punishable, because as regards the falsification of the private document there
was no damage or intent to cause damage.
! private document ma" ac-uire the character of a public document when it
becomes part of an official record and is certified b" a public officer dul" authori=ed
b" law
The crime is falsification of public documents even if falsification too< place before
the private document becomes part of the public records
USE OF FALSIFIE5 5OCUMENT =#r. 8' #rt. 173>
ELEMENTS:
a. 6ntroducing in a Budicial proceeding$
1. That the offender <new that a document was falsified b" another person.
2. That the false document is embraced in art. 1E1 or in an" subdivisions nos. 1
and 2 of art. 1E2.
3. That he introduced said document in evidence in an" Budicial proceeding.
@intent to cause damage not necessar">
b. &se in an" other transaction
1. that the offender <new that a document was falsified b" another person.
2. That the false document is embraced in art. 1E1 or in an" of subdivisions nos.
1 and 2 of art. 1E2.
3. That he used such documents @not in Budicial proceedings>.
;. That the use of the documents caused damage to another or at least was
used with intent to cause such damage.
The user of the falsified document is deemed the author of falsification, if$
a. the use is so closel" connected in time with the falsification
b. the user had the capacit" of falsif"ing the document
Aalsification of Private 7ocuments Aalsification of PublicC+fficial 7ocuments
PreBudice to third part" is an element
of the offense.
PreBudice to third persons is immaterial, what is
punished is the violation of public faith and
perversion of truth which the document
proclaims.
Article 178
FALSIFICATION OF /IRELESS' CA:LE' TELEGRAP6' AN5 TELEP6ONE
MESSAGES' AN5 USE OF SAI5 FALSIFIE5 MESSAGES
!cts punishable$
1. &ttering fictitious, wireless, telegraph or telephone message
2e-uisites$
a. That the offender is an officer or emplo"ee of the government or an officer
or emplo"ee of a private corporation, engaged in the service of sending or
receiving wireless, cable or telephone message.
b. That the accused commits an" of the following acts$
- uttering fictitious wireless, cable, telegraph, or telephone message, or
- falsif"ing wireless, cable, telegraph, or telephone message
2. Aalsif"ing wireless, telegraph or telephone message
2e-uisites$
a. That the offender is an officer or emplo"ee of the government or an officer
or emplo"ee of a private corporation, engaged in the service of sending or
receiving wireless, cable or telephone message.
b. That the accused commits an" of the following acts$
- uttering fictitious wireless, cable, telegraph, or telephone message, or
- falsif"ing wireless, cable, telegraph, or telephone message
3. &sing such falsified message
2e-uisites$
2F
a. That the accused <new that wireless, cable, telegraph, or telephone
message was falsified b" an" of the person specified in the first
paragraph of art. 1E3.
b. That the accused used such falsified dispatch.
c. That the use of the falsified dispatch resulted in the preBudice of a third
part", or that the use thereof was with intent to cause such preBudice.
The public officer, to be liable must be engaged in the service of sending or receiving
wireless, cable and telegraph or telephone message
Article 174
FALSIFICATION OF ME5ICAL CERTIFICATES' CERTIFCATES OF MERIT OR
SER1ICE AN5 T6E LIAE:
Persons liable$
a. Ph"sician or surgeon who, in connection with the practice of his profession,
issued a false certificate @note$ such certificate must refer to the illness or inBur"
of a person>
b. Public officer who issued a false certificate of merit of service, good conduct or
similar circumstances
c. Private individual who falsified a certificate under @1> and @2>
Article 175
ELEMENTS OF USING FALSE CERTIFICATES:
a. That a ph"sician or surgeon has issued a false medical certificate, or a public
officer has issued a false certificate of merit or service, good conduct, or
similar circumstances, or a private person had falsified an" of said
certificates.
b. That the offender <new that the certificate was false.
c. That he used the same.
Article 176
MANUFACTURING AN5 POSSESSION OF INTRUMENTS OR IMPLEMENTS FOR
FALSIFICATION:
!cts punishable$
a. /a<ing or introducing into the Philippines an" stamps, dies or mar<s or other
instruments or implements for counterfeiting or falsification
b. Possessing with intent to use the instruments or implements for counterfeiting
or falsification made in or introduced into the Philippines b" another person
The implement confiscated need not form a complete set
3onstructive possession is also punished
II. OT6ER FALSITIES
Article 177
USURPATION OF AUT6ORITY OR OFFICIAL FUNCTIONS:
2 wa"s of committing the crime$
a. ," <nowingl" and falsel" representing oneself to be an officer, agent or
representative of an" department or agenc" of the Philippine gov9t or an"
foreign gov9t.
b. ," performing an act pertaining to an" person in authorit" or public officer of
the Phil gov9t or foreign gov9t under the pretense of such official position, and
without being lawfull" entitled to do so.
6n usurpation of authorit"$ The mere act of <nowingl" and falsel" representing oneself
is sufficient. *ot necessar" that he performs an act pertaining to a public officer.
6n usurpation of official functions$ 6t is essential that the offender should have
performed an act pertaining to a person in authorit"
! public officer ma" also be an offender
The act performed without being lawfull" entitled to do so must pertain$
a. to the gov9t
b. to an" person in authorit"
2E
c. to an" public office
Article 170
USING FICTITIOUS NAME AN5 CONCEALING TRUE NAME
ELEMENTS =*si"$ +ictiti!*s "#-e> :
a. That the offender uses a name other than his real name.
b. That he uses that fictitious name publicl".
c. That the purpose of the offender is
1. To conceal a crime,
2. To evade the eecution of a Budgment, or
3. To cause damage to public interest. @e. .igning fictitious name for a
passport>
ELEMENTS =c!"ce#li"$ tr*e "#-e>:
a. that the offender conceals
1. his true name, and
2. all other personal circumstances.
b. that the purpose is onl" to conceal his identit".
&se of Aictitious *ame @1EI> 3oncealing True *ame @1EI>
0lement of publicit" must be present Publicit" not necessar"
Purpose is to conceal a crime, to evade the
eecution of a Budgement, or to cause damage
Purpose is to conceal identit"
Article 172
ELEMENTS OF ILLEGAL USE OF UNIFORM OR INSIGNIA:
a. That the offender ma<es use of insignia, uniform or dress.
b. That the insignia, uniform or dress pertains to an office not held b" the
offender or to a class of persons of which he is not a member.
c. That said insignia, uniform or dress is used publicl" and improperl".
an eact imitation of the dress or uniform is unnecessar"
Article 104
ELEMENTS OF FALSE TESTIMONY AGAINST A 5EFEN5ANT:
a. That there be a criminal proceeding.
b. That the offender testifies falsel" under oath against the defendant therein.
c. That the offender who gives false testimon" <nows that it is false.
d. That the defendant against whom the false testimon" is given is either
ac-uitted or convinced in a final Budgment @prescriptive period starts at this point>
2e-uires criminal intent, can9t be committed through negligence. *eed not impute
guilt upon the accused
The defendant must at least be sentenced to a correctional penalt" or a fine or must
have been ac-uitted
The witness who gave false testimon" is liable even if the court did not consider his
testimon"
Penalt" is dependent upon sentence imposed on the defendant
Article 101
FALSE TESTIMONY IN FA1OR OF 5EFEN5ANT i" # cri-i"#l c#se:
Aalse testimon" b" negative statement is in favor of the defendant
Aalse testimon" need not in fact benefit the defendant
! statement of a mere opinion is not punishable
3onviction or ac-uittal is not necessar" @final Budgement is not necessar">. The false
testimon" need not influence the ac-uittal
! defendant who voluntaril" goes up on the witness stand and falsel" imputes the
offense to another person the commission of the offense is liable under this article. 6f
he merel" denies the commission of the offense, he is not liable.
,asis of penalt"$ gravit" of the felon" charged against the defendant
Article 103
2I
ELEMENTS OF FALSE TESTIMONY IN CI1IL CASES:
a. That the testimon" must be given in a civil case.
b. That the testimon" must relate to the issues presented in said case.
c. That the testimon" must be false.
d. That the false testimon" must be given b" the defendant <nowing the same to be
false.
e. That the testimon" must be malicious and given with an intent to affect the issues
presented in the said case
*ot applicable when testimon" given in a special proceeding @in this case, the crime
is perBur">
,asis of penalt"$ amount involved in the civil case
Article108
ELEMENTS OF FALSE TESTIMONY IN OT6ER CASES AN5 PER@URY IN SOLEMN
AFFIRMATION:
a. That an accused made a statement under oath or made an affidavit upon a
material matter.
b. That the statement or affidavit was made before a competent officer,
authori=ed to receive and administer oath.
c. That in that statement or affidavit, the accused made a willful and deliberate
assertion of a falsehood, and
d. That the sworn statement or affidavit containing the falsit" is re-uired b" law.
2 wa"s of committing perBur"$
a. b" falsel" testif"ing under oath
b. b" ma<ing a false statement
.ubornation of perBur"$ procures another to swear falsel". .olemn affirmation$ refers
to non4Budicial proceedings and affidavits
! false affidavit to a criminal complaint ma" give rise to perBur"
! matter is material when it is directed to prove a fact in issue
! 8competent person authori=ed to administer an oath: means a person who has a
right to in-uire into the -uestions presented to him upon matters under his
Burisdiction
There is no perBur" through negligence or imprudence since the assertion of
falsehood must be willful and deliberate
0ven if there is no law re-uiring the statement to be made under oath, as long as it is
made for a legal purpose, it is sufficient
PerBur" is an offense which covers false oaths other than those ta<en in the course of
Budicial proceedings
Aalse testimon" before the Bustice of the peace during the P.6. ma" give rise to the
crime of perBur" because false testimon" in Budicial proceedings contemplates an
actual trial where a Budgment of conviction or ac-uittal is rendered
! person who <nowingl" and willfull" procures another to swear falsel" commits
subornation of perBur" and the witness suborned does testif" under circumstances
rendering him guilt" of perBur".
The false testimon" is not in a Budicial proceeding
Article 104
ELEMENTS OF OFFERING FALSE TESTIMONY IN E1I5ENCE:
a That the offender offered in evidence a false witness or false testimon".
b That he <new the witness or the testimon" was false.
c That the offer was made in a Budicial or official proceeding.
!rticle applies when the offender without inducing another, but <nowing him to be a
false witness, presented him and the latter testified falsel" in a Budicial or official
proceeding
The false witness need not be convicted of false testimon". The mere offer is
sufficient.
III. FRAU5S
2K
Article 105
ELEMENTS OF MAC6INATIONS IN PU:LIC AUCTION:
a That there be a public auction.
b That the accused solicited an" gift or a promise from an" of the bidders.
c That such gifts or promise was the consideration for his refraining from ta<ing
part in that public auction.
d That the accused had the intent to cause the reduction of the price of the thing
auctioned.
ELEMENTS OF ATTEMPTING TO CAUSE :I55ERS TO STAY A/AY:
a That there be a public auction.
b That the accused attempted to cause the bidders to sta" awa" from that public
auction
c That it was done b" threats, gifts, promises, or an" other artifice.
d That the accused had the intent to cause the reduction of the price of the thing
auctioned.
Article 106
MONOPOLIES AN5 COM:INATIONS IN RESTRAINT OF TRA5E:
!cts punished$
a. 3ombination to prevent free competition in the mar<et
b. ," entering into a contract or agreement or ta<ing part in an" conspirac" or
combination in the form of a trust or otherwise, in restraint of trade or commerce
or prevent b" artificial means free competition in the mar<et @6t is enough that
initial steps are ta<en. 6t is not necessar" that there be actual restraint of trade>
c. /onopol" to restrain free competition in the mar<et
4 ," monopoli=ing an" merchandise or obBect of trade or commerce, b"
combining with an" person or persons to monopoli=e said merchandise or obBect
in order to alter the prices thereof b" spreading false rumors or ma<ing use of
an" other artifice to restrain free competition in the mar<et
d. /anufacturer, producer or processor or importer combining, conspiring or
agreeing with an" person to ma<e transactions preBudicial to lawful commerce or
to increase the mar<et price of the merchandise.
PersonCs liable$
a. manufacturer
b. producer
c. processor
d. importer
3rime is committed b"$
a. combining
b. conspiring
c. agreeing with another person
The purpose is$
a. to ma<e transactions preBudicial to lawful commerce
b. to increase the mar<et price of an" merchandise or obBect of commerce
manufactured, produced, processed, assembled or imported into the Phil
!lso liable as principals$
a. corporationCassociation
b. agentCrepresentative
c. directorCmanager who willingl" permitted or failed to prevent commission of
above offense
!ggravated if items are$
a. food substance
b. motor fuel or lubricants
c. goods of prime necessit"
Article 107
ELEMENTS OF IMPORTATION AN5 5ISPOSITION OF FALSELY MARAE5
ARTICLES OR MERC6AN5ISE MA5E OF GOL5' SIL1ER' OR OT6ER
PRECIOUS METALS OR T6EIR ALLOYS:
a That the offender imports, sells or disposes of an" of those articles or
merchandise.
3J
b That the stamps, brands, or mar<s or those articles or merchandise fails to
indicate the actual fineness or -ualit" of said metals or allo"s.
c That the offender <nows that the said stamp, brand, or mar< fails to indicate the
actual fineness or -ualit" of the metals or allo"s.
Article 100
SU:STITUTING B ALTERING TRA5E<MARA' TRA5ENAME' OR SER1ICE MARA
!cts punishable$
a ," @a> substituting the trade name @tCn> or trademar< @tCm> of some other
manufacturer or dealer or a colorable imitation thereof, for the tCn or tCm of the
real manufacturer or dealer upon an" article of commerce and @b> selling the
same.
b ," selling or b" offering for sale such article of commerce, <nowing that the tCn or
tCm has been fraudulentl" used
c ," using or substituting the service mar< of some other person, or a colorable
imitation of such mar<s, in the sale or advertising of services
d ," printing, lithographing or reproducing tCn, tCm or service mar< of one person,
or a colorable limitation thereof, to enable another person to fraudulentl" use the
same, <nowing the fraudulent purpose for which it is to be used.
Article 102
UNFAIR COMPETITION' FRAU5ULENT REGISTRATION OF TRA5ENAME'
TRA5EMARA SER1ICE MARA' FRAU5ULENT 5ESIGNATION OF ORIGIN' AN5
FALSE 5ESCRIPTION
!cts punished$
a &nfair competition b" selling his goods, giving them the general appearance of
the goods of another manufacturer or dealer
b Araudulent designation of origin? false description b" @a> affiing to his goods or
using in connection with his services a false designation of origin? or an" false
description or representation, and @b> selling such goods or services
c Araudulent registration b" procuring fraudulentl" from the patent office the
registration of tCm, tCm or service mar<.
ELEMENTS:
a That the offender gives his goods the general appearance of the goods of
another manufacturer or dealer
b That the general appearance is shown in the @a> goods themselves, or in the @b>
wrapping of their pac<ages, or in the @c> device or words therein, or in @d> an"
other feature of their appearance
c That the offender offers to sell or sells those goods or gives other persons a
chance or opportunit" to do the same with a li<e purpose.
d That there is actual intent to deceive the public or defraud a competitor.
TITLE FI1E
CRIMES RELATE5 TO OPIUM AN5 OT6ER PRO6I:ITE5 5RUGS =124<124>
T6E 5ANGEROUS 5RUGS ACT OF 1273
=RA N!. 6435' #s #-e".e.>
I. Acts P*"is)#%le:
a. importation of prohibited drugs
b. sale, administration, deliver", distribution and transportation of prohibited
drugs
c. maintenance of a den, dive or resort for prohibited drug users
d. being emplo"ees or visitors of drug den
e. manufacture of prohibited drugs
f. possession or use
g. cultivation of plants
h. failure to compl" with provisions relative to <eeping of records of prescription
i. unnecessar" prescription
B. possession of opium pipe and other paraphernalia
<. 6mportation, sale, etc. of regulated drugs
31
6mportation of prohibitedCregulated drugs.
.ale, administration, deliver", distribution and transaction of prohibitedCregulated
drugs.
)uali(%in* Circumstances if the victim of the offense is a minor or should a
prohibitedCregulated drug involve in an" offense under this section be the proimate
cause of the death of a victim thereof, the maimum penalt" herein shall be imposed.
/aintenance of a den, dive, or resort for prohibitedCregulated drug users.
)uali(%in* Circumstance where a prohibitedCregulated drug is administered,
delivered, or sold to a minor who is allowed to use the same in such place, or should
a prohibited drug be the proimate cause of the death of the person using the same
in such den, dive or resort, the maimum of the penalt" shall be imposed.
/anufacture of prohibitedCregulated drugs.
Possession of prohibitedCregulated drugs.
3ultivation of plants which are sources of prohibited drugs.
a *ote: The landCportions thereof andCor greenhouses in which an" of the said
plants is cultivated or cultured shall be confiscated and escheated to the .tate,
unless the owner thereof can prove that he did not <now of such cultivation or
culture despite the eercise of due diligence on his part.
b )uali(%in* Circumstance if the land involved is part of the public domain, the
maimum of the penalt" herein provided shall be imposed.
Aailure to <eep records of prescription, sales, purchases, ac-uisitions andCor
deliveries of prohibitedCregulated drugs
Persons liable:
Pharmacist, Ph"sician, 7entist, 1eterinarian, /anufacturer, #holesaler, 6mporter,
7istributor, 7ealer, 2etailer
&nlawful prescription of prohibitedCregulated drugs
&nnecessar" prescription of prohibitedCregulated drugs
Persons Liable$ Ph"sician or dentist who shall prescribe an" prohibitedCregulated
drug for an" person whose ph"sicalCph"siological condition does not re-uire the use
of thereof.
Possession of opium pipe, e-uipment, apparatus or an" paraphernalia fit or intended
for smo<ing, consuming, administering, inBecting, ingesting, or otherwise using opium
or an" other prohibited drug, shall be prima facie evidence that the possessor has
smo<ed, consumed, administered to himself, inBected or used a prohibited drug.
!ttempt and conspirac" to commit the following offenses$
a 6mportation of dangerous drugs
b .ale, administration, deliver", distribution and transportation of dangerous drugs
c /aintenance of a den, dive or resort for prohibited drugs
d /anufacture of dangerous drugs
e 3ultivation or culture of plants which are sources of prohibited drugs
+ther persons liable$
a 6f the violation of the !ct is committed b" a partnership, corporation, association
or an" Budicial person, the partner, president, director, or manager who consents
to or <nowingl" tolerates such violation shall be held criminall" liable as co4
principal.
b Partner, president, director, manager, officer or stoc<holder, who <nowingl"
authori=es, tolerates, or consents to the use of a vehicle, vessel, or aircraft as an
instrument in the importation, sale, deliver", distribution or transportation of
dangerous drugs, or to the use of their e-uipment, machines or other instruments
in the manufacture of an" dangerous drugs, if such vehicle, vessel, aircraft,
e-uipment, or other instrument, is owned or under the control and supervision of
the partnership, corporation, association or Budicial entit" to which the" are
affiliated.
c Government official, emplo"ee or officer who is found guilt" of 8planting: an"
dangerous drugs in the person or in the immediate vicinit" of another as
evidence to implicate the latter.
II. F!r t)e *r!se !+ e"+!rci"$ t)e r!,isi!"s !+ t)is Act' #ll sc)!!l )e#.s'
s*er,is!rs #". te#c)ers s)#ll %e .ee-e. t! %e ers!"s i" #*t)!rit& #".'
32
#s s*c)' #re ,este. (it) t)e !(er t! #re)e".' #rrest' !r c#*se t)e
#re)e"si!" !r #rrest !+ #"& ers!" ()! s)#ll ,i!l#te #"& !+ t)e s#i.
r!,isi!".
a. *+T0$ The" shall be considered as persons in authorit" id the" are in the
school or within its immediate vicinit", or be"ond such immediate vicinit" of
the" are in attendance in an" school or class function in their official capacit"
as school heads, supervisors or teachers.
b. !n" teacher or school emplo"ee who discovers or finds that an" person in the
school or within its immediate vicinit" is violating this !ct shall have the dut"
to report the violation to the school head or supervisor who shall, in turn,
report the matter to the proper authorities. Aailure to report in either case
shall, after hearing, constitute sufficient cause for disciplinar" action. @.ec.
2I>
III. R*les:
a. 1oluntar" submission of a drug dependent to confinement, treatment and
rehabilitation b" the drug dependent himself or through his parent, guardian or
relative within the ;
th
civil degree of consanguinit" or affinit", in a center and
compliance with such conditions therefor as the 7angerous 7rugs ,oard ma"
prescribe shall eempt from criminal liabilit" for possession or use of the
prohibitedCregulated drug.
b. .hould the drug dependent escape from the center, he ma" submit himself for
confinement within 1 wee< from the date of his escape, of his parent guardian or
relative ma", within the same period surrender him for confinement.
c. &pon application of the ,oard, the 3ourt shall issue an order for recommitment if
the drug dependent does not resubmit himself for confinement or if he is not
surrendered for recommitment.
d. 6f, subse-uent to such recommitment, he should escape again, he shall no longer
be eempt from criminal liabilit" for the use or possession of an" dangerous drug.
e. 6f a person charged with an offense is found b" the fiscal or b" the 3ourt at an"
stage of the proceedings, to be a drug dependent, the fiscal or court as the case
ma" be, shall suspend all further proceedings and transmit records of the case to
the ,oard.
f. !fter his rehabilitation, he shall be prosecuted for such violation. 6n case of
conviction, the Budgement shall, if the accused is certified b" the treatment and
rehabilitation center to have maintained good behavior, indicate that he shall be
given full credit for the period he was confined in the center.
&+'E$ #hen the offense is possession or use of dangerous drugs and the
accused is not a recidivist, the penalt" thereof shall be deemed to have been
served in the center upon his release therefrom.
g. The period of prescription of the offense charged shall not run during the time
that the respondentCaccused is under detention or confinement in a center.
h. 2e-uisites of suspension of sentence for first offense in a minor$
1. 6f accused is a minor @under 1I "ears of age at the time of the commission of
the offense but not more than 21 "ears of age when the Budgement should
have been promulgated.
2. Ge has not been previousl" convicted of violating an" provision of this !ct or
of the 2P3 or placed on probation.
.entence shall be deferred and the accused shall be placed on probation
under the supervision of the ,oard.
6n case of violation of conditions of pardon, court shall pronounce
Budgement of conviction and he shall serve sentence.
6f accused did not violate conditions of probation, case shall be dismissed
upon epiration of the designated period.
*otes$
a 3ultivation of plants .ec K land, portions of land, greenhouse on which an" of
the plants is cultivated confiscated and escheated to the .tate. &*L0..$
33
owner can prove that he had no <nowledge of the cultivation despite due
diligence
b 6f land is part of the public domain maimum penalt" imposed
c Possession of opium pipe and other paraphernalia prima facie evidence that
the possessor has smo<ed, consumed, administered himself, used prohibited
drugs
d 7rug penalties of 2eclusion Perpetua to 7eath or a fine of Php HJJ,JJJ to 1J/
appl" when$
+pium ;J grams up
/orphine ;J grams up
.habu 2JJ grams up
Geroin ;J grams up
6ndian hemp EHJ grams up
/D resin HJ grams up
3ocaine ;J grams up
+ther drugs Nuantit" far be"ond therapeutic re-uirement
@if -uantit" is less than prescribed penalt" is P3 to 2P depending upon
the -uantit">
e 2! EFHK P7 1F1K Possession and &se of 1olatile .ubstances
1. mere attempt to sell, import alread" a crime under !rticle F
2. conspirac" to sell, deliver, import alread" a crime under !rticle I
f ,u" ,ust +peration no law or rule to re-uire policemen to adopt a uniform wa"
of identif"ing ,&' /+*0' @P v. Abedes>
g !bsence of ultraviolet power is not fatal in the prosecution
h TransportationCimportation of /D immaterial whether there ma" or ma" not be a
distinction for the /D
i 7istinguish 0ntrapment and 6nstigation$
1. 6f prosecution can prove the crime without presenting the informer or asset
not necessar" because their testimonies are merel" corroborative. Poseur
bu"er it depends on whether the prosecution can prove the crime without
their testimonies @P v. Rosalinda Ramos>
2. &nder the 2!, special aggravating circumstance if a crime has been
committed while the accused was high on drugs @P v. Ant$on% ,el*ar>
3. 7eliver" or .ale of Prohibited 7rugs the accused must be aware that what
he is selling or delivering was prohibited drug. ,ut the moment the fact of sale
or deliver" is proved b" prosecution, the burden to prove that the accused is
not aware that drugs are prohibited falls on the defense @P v. Aranda>
;. P v. An*elito -analo burden of proving the authorit" to possess shabu is a
matter of defense
H. P v. ilario -oscalin* court ma" ta<e Budicial notice of the word 8shabu:
F. 3riminal liabilities of a policeman who sold the drugs confiscated from a
pusher$ violation of 2! F;2H and malversation under 2P3.
B Planting evidence to implicate another
< ,u" ,ust +peration form of entrapment @P v. Alberto> not necessar" to have
prior police surveillance @P v. Carlos Franca>
l Possession constructive or actual not necessar" to adduce the mar<ed
mone" as evidence @P v. Romeo -acara>
m .eparate crimes saleCpossession of /T found in his possession after he was
fris<ed but he can9t be convicted for possession of /D that he sold
n 6f victim is minor or drug is proimate cause of death ma penalt" is imposed
under .ec ;, H, 1H, 1H4a
1. 6f imposable penalt"$ 2P to death no plea bargaining
2. 6f offender$ government official, emplo"ees, officers or found guilt" of planting
evidences same penalt"
3. Airst offense of a minor suspension of sentence
under 1I at time of commission but not more than 21 at time when
Budgment was promulgated
found guilt" of possession or use of prohibited or regulated drugs
not been previousl" convicted of violating an" provision of this !ct or
the 2P3
not been placed on probation
defer sentence, place on probation for F months to 1 "ear
3;
violation of probation pronounce sentence convict and serve
sentence
no violation discharge him and dismiss the proceeding
if minor is drug dependent commit to a center for treatment and
rehabilitation
TITLE SI;
I. CRIMES AGAINST PU:LIC MORALS
GAM:LING @1KH4KK repealed b" P7s ;;K, ;I3 and 1FJ2 as amended>
1. 6llegal coc<fighting @P7 ;;K>
2. ,etting, game4fiing or point shaving and machinations in sports contests @P7 ;3I>
3. 6llegal gambling
PENALICING :ETTING' GAME<FI;ING OR POINT<S6A1ING AN5
MAC6INATIONS IN SPORTS CONTESTS
P5 408
!cts Punishable$
a. ,etting$ ,etting mone" or an" obBect or article of value of representative value
upon the result of an" game, races and other sports contests.
b. Game4fiing$ an" arrangement, combination, scheme or agreement b" which
the result of an" game, races, or sports contests shall be predicated andCor
<nown other than on the basis of the honest pla"ing s<ill or abilit" of the pla"ers
or participants.
c. Point4shaving$ an" such arrangement combination, scheme or agreement b"
which the s<ill or abilit" of an" pla"er or participant in a fame, races, or sports
contests to ma<e points of scores shall be limited deliberatel" in order to
influence the result thereof in favor of one or other team, pla"er or participant.
d. Game /achination$ an" other fraudulent, deceitful, unfair or dishonest
means, method, manner or practice emplo"ed for the purpose of influencing the
result of an" game, races or sports contest.
COCAFIG6TING LA/ OF 1274
P5 442
6. .cope This law shall govern the establishment, operation, maintenance and
ownership of coc<pits.
66. 2ules$
!. +nl" Ailipino citi=ens not otherwise inhibited b" eisting laws shall be allowed
to own, manage and operated coc<pits.
,. +nl" one coc<pit shall be allowed in each cit" or municipalit" with a
population of 1JJ,JJJ or less.
3. 3oc<pits shall be constructed and operated within the appropriate areas as
prescribed in the Roning Law or ordinance.
7. #hen allowed$
1. 3oc<fighting shall be allowed onl" in licensed coc<pits during .unda"s
and legal holida"s and during local fiestas for not more than 3 da"s? or
2. 7uring provincial, cit" or municipal, agricultural, commercial or industrial
fair, carnival or eposition for a similar period of 3 da"s upon resolution of
the province, cit" or municipalit" where such fair, carnival or eposition is
to be held, subBect to the approval of the 3hief of 3onstabular" or his
authori=ed representative.
Limitations$
a> *o coc<fighting on the occasion of such fair, carnival or eposition shall
be allowed within the month of the local fiesta or for more than 2
occasions a "ear in the same cit" of municipalit".
b> *o coc<fighting shall be held on 7ecember 3J, Dune 12,*ovember 3J,
Gol" Thursda", Good Arida", 0lection 7a" and during registration da"s for
such electionCreferendum.
3H
3. 6f the purpose is for the entertainment of foreign dignitaries or for tourists,
or for returning bali<ba"ans, or for the support of national fund4raising
campaigns for charitable purposes as ma" be authori=ed b" the +ffice of
the President upon resolution of a provincial board, cit" or municipal
council, in licensed coc<pits or in pla"grounds or par<s.
Limitations$ This privilege shall be etended for onl" one time, for a period
not eceeding 3 da"s, within a "ear to a province, cit" or municipalit".
0. *o gambling of an" <ind shall be permitted on the premises of the coc<pit or
place of coc<fighting during coc<fights.
A. 3it" or municipal ma"ors are authori=ed to issue licenses for the operation
and maintenance of coc<pits.
II. OFFENSES AGAINST 5ECENCY AN5 GOO5 CUSTOMS
Article 344
ELEMENTS OF GRA1E SCAN5AL:
a. +ffender performs an act
b. !ct is highl" scandalous as offending against decenc" or good customs
c. Gighl" scandalous conduct does not epressl" fall within an" other article of
the 2P3
d. 3ommitted in a public place or within the public <nowledge or view. @The
public view is not re-uired, it is sufficient if in public place. Aor public
<nowledge, it ma" occur even in a private place? the number of people who
sees it is not material>.
Grave scandal$ consists of acts which are offensive to decenc" and good customs.
The" are committed publicl" and thus, give rise to public scandal to persons who
have accidentall" witnessed the acts
7ecenc"$ means properl" observing the re-uirements of modest", good taste etc
3ustoms$ refers to established usage, social conventions carried on b" tradition and
enforced b" social disapproval in case of violation
6f the acts complained of are punishable under another provision of the 2P3, !rt 2JJ
is not applicable
The essence of grave scandal is publicit" and that the acts committed are not onl"
contrar" to morals and good customs but must li<ewise be of such character as to
cause public scandal to those witnessing it.
Article 341
IMMORAL 5OCTRINES' O:SCENE PU:LICATIONS AN5 E;6I:ITIONS:
Persons liable$
a. Those who publicl" epound or proclaim doctrines that are contrar" to public
morals
b. !uthors of obscene literature, published with their <nowledge in an" form
c. 0ditors publishing such obscene literature
d. +wners or operators of establishments selling obscene literature
e. Those who ehibit indecent or immoral pla"s, scenes, acts or shows ion
theaters, fairs, cinemas or an" other place
f. Those who sell, distribute, or ehibit prints, engraving, sculptures or literature
which are offensive to morals
/orals$ implies conformit" to generall" accepted standards of goodness or rightness
in conduct or character
Test of obscenit"$ whether the matter has a tendenc" to deprave or corrupt the minds
of those who are open to immoral influences. ! matter can also be considered
obscene if it shoc<s the ordinar" and common sense of men as indecenc".
Gowever, !rt 2J1 enumerates what are considered as obscene literature or immoral
or indecent pla"s, scenes or acts$
a. those wCc glorif" criminals or condone crimes
3F
b. those wCc serve no other purpose but to satisf" the mar<et for violence, lust or
pornograph"
c. those wCc offend against an" race or religion
d. those wCc tend to abet the traffic in and the use of prohibited drugs
e. those that are contrar" to law, public order, morals, good customs, established
policies, lawful orders, decrees and edicts
/ere nudit" in paintings and pictures is not obscene
Pictures wC a slight degree of obscenit" having no artistic value and intended for
commercial purposes fall within this article
Publicit" is an essential element
Article 343
1AGRANTS AN5 PROSTITUTES:
#ho are considered vagrants$
a. Those who have no apparent means of subsistence and who have the
ph"sical abilit" to wor< "et neglect to appl" themselves to some useful calling
b. Persons found loitering around public and semi4public places without visible
means of support
c. Persons tramping or wandering around the countr" or the streets with no
visible means of support
d. 6dle or dissolute persons lodging in houses of ill4fame
e. 2uffians or pimps and those who habituall" associate with prostitutes @ma"
include even the rich>
f. Persons found loitering in inhabited or uninhabited places belonging to
others, without an" lawful or Bustifiable reason provided the act does not fall
within an" other article of the 2P3
6f fenced and with prohibition of entr" Trespass to dwelling
6f fenced and entered to huntCfish !ttempted theft
6f not fenced and with no prohibition of entr" 1agranc"
#ho are considered prostitutes 4 refer to women who habituall" indulge in seual
intercourse or lascivious conduct for mone" or profit @if a man indulges in the same
conduct$ vagranc">
TITLE SE1EN
CRIMES COMMITTE5 :Y PU:LIC OFFICERS
Article 348
/6O ARE PU:LIC OFFICERS:
a. Ta<es part in the performance of public functions in the Government, or
b. Performs public duties as an emplo"ee, agent or subordinate official in the
gov9t or an" of its branches
N!tes:
a. Public officer must derive his authorit" from$
b. direct provision of law
c. popular election
d. appointment b" competent authorit"
e. Public officers$ embraces ever" public servant from the lowest to the highest
ran<
f. ! government laborer is not a public officer. Gowever, temporar" performance
b" a laborer of public functions ma<es him a public officer
g. /isfeasance$ means improper performance of an act which might be properl"
be performed
h. /alfeasance$ means performance of an act which ought not to be done
i. *onfeasance$ means omission of an act which ought to be done
/!LA0!.!*30 !*7 /6.A0!.!*30 6* +AA630
3E
/alfeasance 7oing of an act which a public officer should not have done
/isfeasance 6mproper doing of an act which a person might lawfull" do
*onfeasance Aailure of an agent to perform his underta<ing for the principal
ELEMENTS OF ANO/INGLY REN5ERING AN UN@UST @U5GMENT:
a. +ffender is a Budge
b. 2enders a Budgment in the case submitted to him for Budgment
c. Dudgment is unBust
d. 5nowledge that the decision is unBust
N!tes:
a. Dudgment$ is a final consideration and determination b" a court of competent
Burisdiction of the issues submitted to it in an action or proceeding
b. &nBust Budgment$ one which is contrar" to law, or not supported b" the
evidence, or both
c. !n unBust Budgment ma" result from$
1. error @with bad faith>
2. ill4will or revenge
3. briber"
d. There must be evidence that the decision rendered is unBust. 6t is not
presumed
e. !buse of discretion or mere error of Budgment cannot li<ewise serve as basis
for rendering an unBust Budgment in the absence of proof or even an
allegation of bad faith @motive or improper consideration>.
Article 345
ELEMENTS OF @U5GMENT REN5ERE5 T6ROUG6 NEGLIGENCE:
a. +ffender is a Budge
b. 2enders a Budgment in a case submitted to him for decision
c. Dudgment is manifestl" unBust
d. 7ue to inecusable negligence or ignorance
/anifestl" unBust Budgment$ one that is so contrar" to law that even a person having
meager <nowledge of the law cannot doubt the inBustice
Article 346
ELEMENTS OF UN@UST INTERLOCUTORY OR5ER:
a. That the offender is a Budge.
b. That he performs an" of the following acts$
1. <nowingl" renders unBust interlocutor" order or decree, or
2. renders a manifestl" unBust interlocutor" order or decree through
inecusable negligence or ignorance.
6nterlocutor" order$ one issued b" the court deciding a collateral or incidental matter.
6t is not a final determination of the issues of the action or proceeding
Article 347
ELEMENTS OF MALICIOUS 5ELAY IN T6E A5MINISTRATION OR @USTICE:
a. That the offender is a Budge.
b. That there is a proceeding in his court.
c. That he dela"s the administration of Bustice.
d. That the dela" is malicious, that is, the dela" is caused b" the Budge with
deliberate intent to inflict damage on either part" in the case.
/ere dela" without malice is not punishable
Article 340
0L0/0*T. +A 7020L63T6+* +A 7&T' 6* TG0 P2+.03&T6+* +A +AA0*.0.$
a. That the offender is a public officer or officer of the law who has a dut" to
cause the prosecution of, or to prosecute offenses.
b. That there is dereliction of the duties of his office, that is, <nowing the
commission of the crime, he does not cause @a> the prosecution of the
criminal @People vs. Rosales, G.2. no. ;2F;I> or @b> <nowing that a crime is
about to be committed he tolerates its commission @if giftCpromise is a
consideration for his conduct$ direct briber">
3I
c. That the offender acts with malice and deliberate intent to favor the violator of
the law.
P201!263!36+*$ negligence and tolerance in the prosecution of an offense
There must be a dut" on the part of the public officer to prosecute or move for the
prosecution of the offender. *ote however, that a fiscal is under no compulsion to file
an information based upon a complaint if he is not convinced that the evidence
before him does not warrant filing an action in court
The crime must be proved first before an officer can be convicted of dereliction of
dut"
! public officer who harbors, conceals, or assists in the escape of an offender, when
it is his dut" to prosecute him is liable as principal in the crime of dereliction of dut" in
the prosecution of offenses. Ge is not an accessor"
!rticle not applicable to revenue officers
Article 342
ELEMENTS OF :ETRAYAL OF TRUST :Y AN ATTORNEY OR SOLICITOR @*+T
*030..!26L' ! P&,L63 +AA6302 !LTG+&GG !LL L!#'02. !20 +AA6302.
+A TG0 3+&2T>$
a. 3ausing damage to client @preBudice is essential> either
1. b" an" malicious breach of professional dut", or
2. b" inecusable negligence or ignorance.
b. 2evealing an" of the secrets of his client learned b" him in his professional
capacit" @damage not necessar">
c. &nderta<ing the defense of the opposing part" of the 1
st
client andCor having
received confidential information from the latter and without the latter9s
consent @damage not necessar">
Article 314
ELEMENTS OF 5IRECT :RI:ERY:
a. That the offender be a public officer within the scope of !rt 2J3
b. That the offender accepts an offer or promise or receives a gift or present b"
himself or through another
c. That such offer or promise be accepted or giftCpresent received b" the public
officer @mere agreement consummates the crime>
1. with a view to committing some crime @deliver" of consideration is not
necessar"> or
2. in consideration of an eecution if an act which does not constitute a
crime, but the act must be unBust @deliver" of consideration is necessar">,
or
3. to refrain from doing something which is his official dut" to do
d. That the act which the offender agrees to perform or which he eecutes be
connected with the performance of his official duties
Aor purposes of this article, temporar" performance of public functions is sufficient to
constitute a person a public officer. ! private person ma" commit this crime onl" in
the case in which custod" of prisoners is entrusted to him
!pplicable also to assessors, arbitrators, appraisal and claim commissioners, eperts
or an" other person performing public duties
3annot be frustrated, onl" attempted or consummated.
,riber" eists when the gift is$
a. voluntaril" offered b" a private person
b. solicited b" the public officer and voluntaril" delivered b" the private person
c. solicited b" the public officer but the private person delivers it out of fear of the
conse-uences should the public officer perform his functions @here the crime b"
giver is not corruption of public officials due to involuntariness>
!ctual receipt of the gift is not necessar". !n accepted offer or promise of a gift is
sufficient. Gowever, if the offer is not accepted, onl" the person offering the gift is
liable for attempted corruption of a public officer
The gift must have a value or capable of pecuniar" estimation. 6t could be in the form
of mone", propert" or services
3K
6f the act re-uired of the public officer amounts to a crime and he commits it, he shall
be liable for the penalt" corresponding to the crime
The third t"pe of briber" and prevaricacion @art 2JI> are similar offenses, both
consisting of omissions to do an act re-uired to be performed. 6n direct briber"
however, a gift or promise is given in consideration of the omission. This is not
necessar" in prevaricacion

,riber" @21J> 2obber" @2K;>
#hen the victim has committed a
crime and gives mone"Cgift to avoid
arrest or prosecution.
#hen the victim did not commit a crime and he
is intimidated with arrest andCor prosecution to
deprive him of his personal propert".
1ictim parts with his mone" or
propert" voluntaril".
1ictim is deprived of his mone" or propert" b"
force or intimidation.
ANTI<GRAFT AN5 CORRUPT PRACTICES ACT
RA 8412
Pers!"s Li#%le:
a. !n" public officer who shall perform an" of the following acts$
1. Persuading, inducing or influencing another public officer to perform an act
constituting a violation of rules and regulations dul" promulgated b" competent
authorit" or an offense in connection with the official duties of the latter, or
allowing himself to be persuaded, induced, or influenced to commit such violation
or offense.
2. 7irectl" or indirectl" re-uesting or receiving an" gift, present, share, percentage,
or benefit for himself or for an" other person in connection with an" contract or
transaction between the government and an" other part" wherein the public
officer in his official capacit" has to intervene under the law.
3. 7irectl", or indirectl" re-uesting or receiving an" gift, present, or other pecuniar"
or material benefit, for himself or for another, from an" person for whom the
public officer, in an" manner of capacit", has secured or obtained, or will secure
or obtain, an" Government permit or license, in consideration for the held given
or to be given.
;. !ccepting or having an" member of his famil" accept emplo"ment in a private
enterprise which has pending official business with him during the pendenc"
thereof or within one "ear after its termination.
H. 3ausing an" undue inBur" to an" part", including the Government, or giving an"
private part" an" unwarranted benefits, advantage, or preference in the
discharge of his official, administrative or Budicial function through manifest
partialit", evident bad faith or gross inecusable negligence. This provision shall
appl" to officers and emplo"ees of offices or government corporations charged
with the grant of licenses or permits or other concessions.
F. *eglecting or refusing, after due demand or re-uest, without sufficient
Bustification, to act within a reasonable time on an" matter pending before him for
the purpose of obtaining directl" or indirectl", from an" person interested in the
matter some pecuniar" or material benefit or advantage, or for the purpose of
favoring his own interest of giving undue advantage in favor of or discriminating
against an" other interested part".
E. 0ntering, on behalf of the Government, into an" contract or transaction manifestl"
and grossl" disadvantageous to the same, whether or not the public officer
profited or will profit thereb".
I. 7irectl" or indirectl" having financial or pecuniar" interest in an" business,
contract or transaction in connection with which he intervenes or ta<e part in his
official capacit", or in which he is prohibited b" the constitution or b" an" law from
having an" interest.
K. 7irectl" or indirectl" becoming interested, for personal gain, or having a material
interest in an" transaction or act re-uiring the approval of a board, panel, or
group of which he is a member, and which eercises discretion in such approval,
even if he votes against the same or does not participate in the action of the
board, committee, panel or group.
1J. 5nowingl" approving or granting an" license, permit, privilege, or benefit in favor
of an" person not -ualified for or not legall" entitled to such license, permit,
;J
privilege, or advantage, or of a mere representative or dumm" of one who is not
so -ualified or entitled.
11. 7ivulging valuable information of a confidential character, ac-uired b" his office
or b" him on account of his official position to unauthori=ed persons, or releasing
such information in advance of its authori=ed release date.
b. !n" person having famil" or close personal relation with an" public official who shall
capitali=e or eploit or ta<e advantage of such famil" or close personal relation b"
directl" or indirectl" re-uesting or receiving an" present, gift, or material, or
pecuniar" advantage from an" person having some business, transaction,
application, re-uest, or contact with the government in which such public official has
to intervene @.ec. ;>
c. !n" person who shall <nowingl" induce or cause an" public official to commit an" of
the offenses under @!>. @.ec. ;>
d. .pouse or an" relative, b" consanguinit" or affinit", within the 3
rd
civil degree, of the
president of the Philippines, the vice4president, the president of the .enate, or
spea<er of the house of 2epresentatives, who shall intervene, directl" or indirectl", in
an" business transaction, contract or application with the gov9t @.ec. H>.
This prohibition shall not appl" to$
1. !n" person who, prior to the assumption of office of an" of the above officials
to whom he is related, has been alread" dealing with the gov9t along the
same line of business?
2. !n" transaction, contract or application alread" eisting or pending at the
time of such assumption of public office?
3. !n" application filed b" him, the approval of which is not discretionar" on the
part of the official@s> concerned but depends upon compliance with re-uisites
provided b" law, or rules or regulations issued pursuant to law?
;. !n" act lawfull" performed an official capacit" or in the eercise of a
profession.
e. !n" member of congress, during the term for which he has been elected, who
shall ac-uire or receive an" personal pecuniar" interest in an" specific
business enterprise which shall be directl" and particularl" favored or
benefited b" an" law or resolution authored b" him previousl" approved or
adopted b" 3ongress during his term.
f. !n" public officer who shall fail to file a true, detailed and sworn statement of
assets and liabilities within 3J da"s after assuming office and thereafter on or
before the 1H
th
da" of !pril following the close of ever" calendar "ear, as well
as upon the epiration of his term of office, or upon his resignation or
separation from office @.ec. E>.
66. Prima Aacie 0vidence of and 7ismissal due to uneplained #ealth @.ec. I>
6f a public official has been found to have ac-uired during his incumbenc", whether in
his name or in the name of other persons, an amount of propert" andCor mone"
manifestl" out of proportion to his salar" and to his other lawful income.
Properties in the name of the spouse and dependents of such public official ma" be
ta<en into consideration, when their ac-uisition through legitimate means cannot be
satisfactoril" shown.
,an< deposits in the name of or manifestl" ecessive ependitures incurred b" the
public official, his spouse or an" of their dependents including but not limited to
activities in an" club or association or an" ostentatious displa" of wealth including
fre-uent travel abroad of a non4official character b" an" public official when such
activities entail epenses evidentl" out of proportion to legitimate income.
666. 3ompetent court$ !ll prosecutions under this !ct shall be within the original
Burisdiction of the
.andiganba"an @.ec. 1J>.
61. Prescription of offenses$ all offenses punishable under this !ct shall prescribe in 1H
"ears @.ec. 11>.
1. Exceptions$ &nsolicited gifts or presents of small or insignificant value offered or given
as a mere ordinar" to<en of gratitude of friendship according to local customs or usage,
shall be ecepted from the provisions of this act @.ec. 1;>.
;1
Article 311
ELEMENTS OF IN5IRECT :RI:ERY:
a. That the offender is a public officer.
b. That he accepts gifts.
c. That the said gifts are offered to him b" reason of his office.
The gift is given in anticipation of future favor from the public officer
There must be clear intention on the part of the public officer to ta<e the gift offered
and consider the propert" as his own for that moment. /ere ph"sical receipt
unaccompanied b" an" other sign, circumstance or act to show such acceptance is
not sufficient to convict the officer
There is no attempted or frustrated indirect briber"
The principal distinction between direct and indirect briber" is that in the former, the
officer agrees to perform or refrain from doing an act in consideration of the gift or
promise. 6n the latter case, it is not necessar" that the officer do an" act. 6t is
sufficient that he accepts the gift offered b" reason of his office
Public officers receiving gifts and private persons giving gifts on an" occasion,
including 3hristmas are liable under P7 ;F.
The criminal penalt" or imprisonment is distinct from the administrative penalt" of
suspension from the service
Article 311<A
ELEMENTS OF 9UALIFIE5 :RI:ERY
a. Public officer entrusted with law enforcement
b. 2efrains from arrestingCprosecuting offender for crime punishable b"
reclusion perpetua andCor death
c. @if lower penalt" than stated above, the crime is direct briber">
d. 6n consideration of an" offer, promise or gift
Article 313
ELEMENTS OF CORRUPTION OF PU:LIC OFFICIALS:
a. That the offender ma<es offers or promises or gives gifts or present to a
public officer.
b. That the offers or promises are made or the gifts or presents given to a public
officer, under circumstances that will ma<e the public officer liable for direct
briber" or indirect briber"
The offender is the giver of the gift or the offeror of the promise. The act ma" or ma"
not be accomplished
&nder P7 E;K, givers of bribes and other gifts as well as accomplices in briber" and
other graft cases are immune from prosecution under the following circumstances$
a. information refers to consummated violations
b. necessit" of the information or testimon"
c. the information and testimon" are not "et in the possession of the .tate
d. information and testimon" can be corroborated on its material points
e. informant has been previousl" convicted of a crime involving moral turpitude
.ee the !nti4graft and 3orrupt Practices !ct
II. FRAU5S AN5 ILLEGAL E;ACTIONS AN5 TRANSACTIONS
Article 318
ELEMENTS OF FRAU5S AGAINST PU:LIC TREASURY: =#r. 1>
a. That the offender be a public officer.
b. That he should have ta<en advantage of his office, that is, he intervened in
the transaction in his official capacit".
c. That he entered into an agreement with an" interested part" or speculator or
made use of an" other scheme with regard to @a> furnishing supplies @b> the
ma<ing of contracts, or @c> the adBustment or settlement of account relating to
a public propert" or funds.
;2
d. That the accused had intent to defraud the government.
*otes$
a. The public officer must act in his official capacit"
b. The felon" is consummated b" merel" entering into an agreement with an"
interested part" or speculator or b" merel" ma<ing use of an" scheme to
defraud the Government
ELEMENTS OF ILLEGAL E;ACTIONS:
a. The offender is a public officer entrusted with the collection of taes, licenses,
fees and other imposts.
b. Ge is guilt" of an" of the following acts or omissions$
1. demanding, directl" or indirectl" the pa"ment of sums different from or
larger than those authori=ed b" law, or
2. failing voluntaril" to issue a receipt, as provided b" law, for an" sum of
mone" collected b" him officiall", or
3. 3ollecting or receiving, directl" or indirectl", b" wa" of pa"ment or
otherwise, things or obBects of a nature different from that provided b" law.
*otes$
a. /ere demand of a larger or different amount is sufficient to consummate the
crime. The essence is the improper collection @damage to gov9t is not
re-uired>
b. 6f sums are received without demanding the same, a felon" under this article
is not committed. Gowever, if the sum is given as a sort of gift or gratification,
the crime is indirect briber"
c. #hen there is deceit in demanding larger fees, the crime committed is estafa
d. /a" be compleed with malversation
e. +fficers and emplo"ees of the ,62 or 3ustoms are not covered b" the article
f. The *623 of !dministrative 3ode is the applicable law
Article 314
ELEMENTS OF OT6ER FRAU5S:
a. That the offender is a public officer.
b. That he ta<es advantage of his official position.
c. That he commits an" of the frauds or deceits enumerated in art. 31H and 31F.
@estafa? swindling>
*ote$ 2T3 has Burisdiction over the offense because the principal penalt" is
dis-ualification
Article 315
ELEMENTS OF PRO6I:ITE5 TRANSACTIONS:
a. That the offender is an appointive public officer.
b. That he becomes interested, directl" or indirectl", in an" transaction of
echange or speculation.
c. That the transaction ta<es place within the territor" subBect to his Burisdiction.
d. That he becomes interested in the transaction during his incumbenc".
*otes$
a. 0amples of transactions of echange or speculation are$ bu"ing and selling
stoc<s, commodities, land etc wherein one hopes to ta<e advantage of an
epected rise or fall in price
b. Purchasing of stoc<s or shares in a compan" is simple investment and not a
violation of the article. Gowever, regularl" bu"ing securities for resale is
speculation
Article 316
POSSESSION OF PRO6I:ITE5 INTERESTS :Y A PU:LIC OFFICER :
#ho are liable$
a. Public officer in an" contract or business in which it is his official dut" to
intervene.
;3
b. 0perts, arbitrators and private accountants in an" contract or transaction
connected with the estate or propert" in the approval, distribution or
adBudication of which the" had acted.
c. Guardians and eecutors with respect to propert" belonging to their wards
or the estate.
*otes$
a. !ctual fraud is not necessar".
b. !ct is punished because of the possibilit" that fraud ma" be committed or that
the officer ma" place his own interest above that of the Government or part"
which he represents
AN ACT 5EFINING AN5 PENALICING T6E CRIME OF PLUN5ER
RA 7404
I. 7efinition of Ill<$!tte" (e#lt)$
!n" asset, propert", business enterprise or material possession of an" person
ac-uired b" him directl" or indirectl" through dummies, nominees, agents, subordinates,
andCor business associates b" an" combination or series of the following means or
similar schemes$
!. Through misappropriation, conversion, misuse or malversation of public funds
or raids on the public treasur".
,. ," receiving, directl" or indirectl", an" commission, gift, share, percentage,
<ic<bac<s or an" other form of pecuniar" benefit from an" person andCor
entit" in connection with an" government contract or proBect or b" reason of
the office or position of the public officer concerned?
3. ," the illegal or fraudulent conve"ance or disposition of assets belonging to
the *ational Government or an" of its subdivisions, agencies or
instrumentalities or government4owned or controlled corporations and their
subsidiaries?
7. ," obtaining, receiving or accepting, directl" or indirectl", an" shares of stoc<,
e-uit" or an" other form of interest or participation, including the promise of
future emplo"ment in an" business enterprise or underta<ing.
0. ," establishing agricultural, industrial or commercial monopolies or other
combinations, andCor implementation of decrees and orders intended to
benefit particular persons or special interests?
A. ," ta<ing undue advantage of official position, authorit", relationship,
connection or influence to unBustl" enrich himself or themselves at the
epense and to the damage or preBudice of the Ailipino people and the
2epublic of the Philippines.
66. Persons Liable$
!. !n" public officer who, b" himself or in connivance with members of his
famil", relatives b" affinit" or consanguinit", business associates and
subordinates or other persons, amasses, accumulates, or ac-uires ill4gotten
wealth through a combination or series of overt or criminal acts as described
under @6> in the aggregate amount or total value of at least HJ million pesos,
shall be guilt" of the crime of plunder @as amended b" 2! EFHK>.
,. !n" person who participated with the said public officer in the commission of
plunder.
666. Durisdiction$ !ll prosecutions under this !t shall be within the original Burisdiction
of the .andiganba"an.
61. 2ule of 0vidence$
Aor purposes of establishing the crime of plunder, it shall not be necessar" to
prove each and ever" criminal act done b" the accused in furtherance of the scheme
and conspirac" to amass, accumulate or ac-uire ill4gotten wealth, it being sufficient to
establish be"ond reasonable doubt a pattern of overt or criminal acts indicative of the
overall unlawful scheme or conspirac".
;;
1. Prescription of 3rime$
The crime of plunder shall prescribe in 2J "ears. Gowever, the right of the .tate
to recover properties unlawfull" ac-uired b" public officers from them or from their
nominees or transferees shall not be barred b" prescription, laches or estoppel.
III. MAL1ERSATION OF PU:LIC FUN5S OR PROPERTY
Article 317
ELEMENTS COMMON TO ALL ACTS MAL1ERSATION OF PU:LIC FUN5S OR
PROPERTY :
a. That the offender be a public officer @or private person if entrusted with public
funds or connived with public officers>
b. That he had the custod" or control of funds or propert" @if not accountable for
the funds, theft or -ualified theft>
c. That those funds or propert" were public funds or propert" @even if private
funds if attached, sei=ed, deposited or commingled with public funds>
d. That he$
1. !ppropriated the funds or propert"
2. Too< or misappropriated them
3. 3onsented or, through abandonment or negligence, permitted an" other
person to ta<e such public funds or propert". @it is not necessar" that the
offender profited thereb". Gis being remiss in the dut" of safe<eeping
public funds violates the trust reposed>
/alversation is otherwise called embe==lement
6t can be committed either with malice or through negligence or imprudence
6n determining whether the offender is a public officer, what is controlling is the
nature of his office and not the designation
The funds or propert" must be received in an official capacit". +therwise, the crime
committed is estafa
#hen a public officer has official custod" or the dut" to collect or receive funds due
the government, or the obligation to account for them, his misappropriation of the
same constitutes malversation
! public officer who has -ualified charge of gov9t propert" without authorit" to part
with its ph"sical possession upon order of an immediate superior, he cannot be held
liable under this article
Private individuals can also be held liable for malversation under 2 circumstances$
a. when the" are in conspirac" with public officers? and
b. when the" have charge of national, provincial or municipal funds, revenues or
propert" in an" capacit"
6n malversation through negligence, the negligence of the accountable public officer
must be positivel" and clearl" shown to be inecusable, approimating fraud or
malice
The measure of negligence to be observed is the standard of care commensurate
with the occasion
#hen malversation is not committed through negligence, lac< of criminal intent or
good faith is a defense
The failure of a public officer to have an" dul" forthcoming public funds or propert"
upon demand, b" an" authori=ed officer, shall be prima facie evidence that he has
put such missing funds or propert" to personal use. Gowever, if at the ver" moment
when the shortage is discovered, the accountable officer is notified, and he
immediatel" pa"s the amount from his poc<et, the presumption does not arise
2eturning the embe==led funds is not eempting, it is onl" mitigating
There is also no malversation when the accountable officer is obliged to go out of his
office and borrow the amount corresponding to the shortage and later, the missing
amount is found in an unaccustomed place
! person whose negligence made possible the commission of malversation b"
another can be held liable as a principal b" indispensable cooperation
7emand as well as damage to the government are not necessar" elements
/alversation @21E> 0stafa with !buse of 3onfidence @31H>
;H
Aunds or propert" usuall" public AundsCpropert" are alwa"s private
+ffender is usuall" a public officer who is
accountable for the public fundsCpropert"
+ffender is a private individual or even a
public officer who is not accountable for
public fundsCpropert"
3rime is committed b" approaching,
ta<ing, or misappropriatingCconsenting, or
through abandonment or negligence,
permitting an" other person to ta<e the
public fundsCpropert"
3rime is committed b" misappropriating,
converting, or den"ing having received
mone", goods or other personal propert"
Article 310
ELEMENTS OF FAILURE OF ACCOUNTA:LE OFFICER TO REN5ER
ACCOUNTS :
a. That the offender is a public officer, whether in the service or separated
therefrom.
b. That he must be an accountable officer for public funds propert".
c. That he is re-uired b" law or regulation to render accounts to the commission
on audit, or to a provincial auditor.
d. That he fails to do so for a period of two months after such accounts should
be rendered.
*ote$ 7emand and misappropriation are not necessar"
Article 312
ELEMENTS OF FAILURE OF A RESPONSI:LE PU:LIC OFFICER TO REN5ER
ACCOUNTS :EFORE LEA1ING T6E COUNTRY :
a. That the offender is a public officer.
b. That he must be an accountable officer for public funds or propert".
c. That he must have unlawfull" left @or be on the point of leaving> the
Philippines without securing from the 3ommission on !udit a certificate
showing that his accounts have been finall" settled.
*ote$ The act of leaving the Philippines must be unauthori=ed or not permitted b" law
Article 334
ELEMENTS OF ILLEGAL USE OF PU:LIC FUN5S OR PROPERTY @technical
malversation>$
a. That the offender is a public officer.
b. That there is public fund or propert" under his administration.
c. That such public fund or propert" has been appropriated b" law or ordinance
@without this, it is simple malversation even if applied to other public purpose>.
d. That he applies the same to a public use other than for which such fund or
propert" has been appropriated b" law or ordinance.
To distinguish this article with !rt 21E, Bust remember that in illegal use of public
funds or propert", the offender does not derive an" personal gain, the funds are
merel" devoted to some other public use
!bsence of damage is onl" a mitigating circumstance
Article 331
ELEMENTS OF FAILURE TO MAAE 5ELI1ERY OF PU:LIC FUN5S OR
PROPERTY
a. +ffender has gov9t funds or propert" in his possession
b. Ge is under obligation to either$
1. ma<e pa"ment from such funds
2. to deliver propert" in his custod" or administration when ordered b"
competent authorit"
3. Ge maliciousl" fails or refuses to do so
*ote$ Penalt" is based on value of fundsCpropert" to be delivered
Article 333
PERSONS /6O MAY :E 6EL5 LIA:LE UN5ER ARTS 317 TO 331
a. Private individual who, in an" capacit", have charge of an" national,
provincial or municipal funds, revenue, or propert"
;F
b. !dministrator or depositar" of funds or propert" that has been attached,
sei=ed or deposited b" public authorit", even if owned b" a private individual
.heriffs and receivers fall under the term 8administrator:
! Budicial administrator in charge of settling the estate of the deceased is not covered
b" the article
I1. INFI5ELITY OF PU:LIC OFFICERS
Article 338
ELEMENTS OF CONNI1ING /IT6 OR CONSENTING TO E1ASION
a. That the offender is a public officer @on dut">.
b. That he is charged with the conve"ance or custod" of a prisoner, either
detention prisoner or prisoner b" final Budgment.
c. That such prisoner escaped from his custod"
d. That he was in connivance with the prisoner in the latter9s escape
7etention prisoner$ refers to a person in legal custod", arrested for and charged with
some crime or public offense
The release of a detention prisoner who could not be delivered to Budicial authorities
within the time fied b" law is not infidelit" in the custod" of a prisoner. *either is
mere lenienc" or lait" in the performance of dut" constitutive of infidelit"
There is real and actual evasion of service of sentence when the custodian permits
the prisoner to obtain a relaation of his imprisonment
Article 334
0L0/0*T. +A 01!.6+* TG2+&GG *0GL6G0*30$
a. That the offender is a public officer.
b. That he is charged with the conve"ance or custod" of a prisoner, either
detention prisoner or prisoner b" final Budgment.
c. That such prisoner escapes through his negligence.
d. Penalt" based on nature of imprisonment
The article punishes a definite lait" which amounts to deliberate non4performance of
a dut"
The fact that the public officer recaptured the prisoner who had escaped from his
custod" does not afford complete eculpation
The liabilit" of an escaping prisoner$
a. if he is a prisoner b" final Budgment, he is liable for evasion of service @art
1HE>
b. if he is a detention prisoner, he does not incur criminal liabilit" @unless
cooperating with the offender>.
Article 335
ELEMENTS OF ESCAPES OF PRISONERS UN5ER T6E CUSTO5Y OF A
PERSON NOT A PU:LIC OFFICER :
a. That the offender is a private person @note$ must be on dut">
b. That the conve"ance or custod" of a prisoner or person under arrest is
confined to him.
c. That the prisoner or person under arrest escapes.
d. That the offender consents to the escape of the prisoner or person under
arrest, or that the escape ta<es place through his negligence
*ote$ This article is not applicable if a private person made the arrest and he
consented to the escape of the person he arrested
Article 336
0L0/0*T. +A 20/+1!L, 3+*30!L/0*T, +2 70.T2&3T6+* +A
7+3&/0*T. 6nfidelit" in custod" of documents$
a. That the offender be a public officer.
b. That he abstracts, destro"s or conceals a document or papers.
c. That the said document or paper should have been entrusted to such public
officer b" reason of his office.
;E
d. That damage, whether serious or not, to a third part" or to the public interest
should have been caused.
The document must be complete and one b" which a right could be established or
an obligation could be etinguished
,oo<s, periodicals, pamphlets etc are not documents
8Papers: would include chec<s, promissor" notes and paper mone"
! post office official who retained the mail without forwarding the letters to their
destination is guilt" of infidelit" in the custod" of papers
2emoval of a document or paper must be for an illicit purpose. There is illicit purpose
when the intention of the offender is to$
a. tamper with it
b. to profit b" it
c. to commit an" act constituting a breech of trust in the official thereof
2emoval is consummated upon removal or secreting awa" of the document from its
usual place. 6t is immaterial whether or not the illicit purpose of the offender has been
accomplished
6nfidelit" in the custod" of documents through destruction or concealment does not
re-uire proof of an illicit purpose
7elivering the document to the wrong part" is infidelit" in the custod" thereof
The damage ma" either be great or small
The offender must be in custod" of such documents
Article 337
ELEMENTS OF OFFICER :REAAING SEAL :
a. That the offender is a public officer.
b. That he is charged with the custod" of papers or propert".
c. That these papers or propert" are sealed b" proper authorit".
d. That he brea<s the seals or permits them to be bro<en.
6t is the brea<ing of the seals and not the opening of a closed envelope which is
punished
7amage or intent to cause damage is not necessar"? damage is presumed
Article 330
ELEMENTS OF OPENING OF CLOSE5 5OCUMENTS:
a. That the offender is a public officer.
b. That an" closed papers, documents, or obBects are entrusted to his custod".
c. That he opens or permits to be opened said closed papers, documents or
obBects.
d. That he does not have proper authorit".
*ote$ 7amage also not necessar"
Article 332
RE1ELATION OF SECRET :Y AN OFFICER:
ELEMENTS OF PAR.1: :Y REASON OF 6IS OFFICIAL CAPACITY
a. That the offender is a public officer.
b. That he <nows of a secret b" reason of his official capacit".
c. That he reveals such secret without authorit" or Bustifiable reasons.
d. That damage, great or small, be caused to the public interest.
e. @damage is essential>
*otes$
a. .ecret must affect public interest
b. .ecrets of a private individual is not included
c. 0spionage for the benefit of another .tate is not contemplated b" the article.
6f regarding militar" secrets or secrets affecting state securit", the crime ma"
be espionage.
ELEMENTS OF PAR 3 B 5ELI1ERING /RONGFULLY PAPERS OR COPIES OF
PAPERS OF /6IC6 6E MAY 6A1E C6ARGE AN5 /6IC6 S6OUL5 NOT :E
PU:LIS6E5:
a. That the offender is a public officer.
b. That he has charge of papers.
;I
c. That those papers should not be published.
d. That he delivers those papers or copies thereof to a third person.
e. That the deliver" is wrongful.
f. That damage be caused to public interest.
*otes$
a. 83harge:$ means custod" or control. 6f he is merel" entrusted with the papers
and not with the custod" thereof, he is not liable under this article
b. 6f the papers contain secrets which should not be published, and the public
officer having charge thereof removes and delivers them wrongfull" to a third
person, the crime is revelation of secrets. +n the other hand, if the papers do
not contain secrets, their removal for an illicit purpose is infidelit" in the
custod" of documents
c. 7amage is essential to the act committed
Article 384
ELEMENTS OF PU:LIC OFFICER RE1EALING SECRETS OF PRI1ATE
IN5I1I5UAL:
a. That the offender is a public officer
b. That he <nows of the secret of a private individual b" reason of his office.
c. That he reveals such secrets without authorit" or Bustification reason.
2evelation to one person is sufficient
6f the offender is an attorne", he is properl" liable under !rt 2JK @betra"al of trust b"
an attorne">
7amage to private individual is not necessar"
1. OT6ER OFFENSES OR IRREGULARITIES :Y PU:LIC OFFICERS
Article 381
ELEMENTS OF OPEN 5ISO:E5IENCE:
a. That the offender is a Budicial or eecutive officer.
b. That there is a Budgment, decision or order of superior authorit".
c. That such Budgment, decision or order was made within the scope of the
Burisdiction of the superior authorit" and issued with all the legal formalities.
d. that the offender without an" legal Bustification openl" refuses to eecute the
said Budgment, decision or under which he is dut" bound to obe".
*ote$ Dudgment should have been rendered in a hearing and issued within proper
Burisdiction with all legal solemnities re-uired
Article 383
ELEMENTS OF 5ISO:E5IENCE TO OR5ER OF SUPERIOR OFFICER /6EN
SAI5 OR5ER /AS SUSPEN5E5 :Y INFERIOR OFFICER:
a. That the offender is a public officer.
b. That an order is issued b" his superior for eecution.
c. That he has for an" reason suspended the eecution of such order.
d. That his superior disapproves the suspension of the eecution of the order.
e. That the offender disobe"s his superior despite the disapproval of the
suspension.
*ote$ ! public officer is not liable if the order of the superior is illegal
Article 388
ELEMENTS OF REFUSAL OF ASSISTANCE:
a. That the offender is a public officer.
b. That a competent authorit" demands from the offender that he lend his
cooperation towards the administration of Bustice or other public service.
c. That the offender fails to do so maliciousl".
6nvolves a re-uest from one public officer to another
7amage to the public interest or third part" is essential
7emand is necessar"
;K
Article 384
ELEMENTS OF REFUSAL TO 5ISC6ARGE ELECTI1E OFFICE:
a. That the offender is elected b" popular election to a public office.
b. That he refuses to be sworn in or discharge the duties of said office.
c. That there is no legal motive for such refusal to be sworn in or to discharge
the duties of said office.
*ote$ 0ven if the person did not run for the office on his own will as the 3onstitution
provides that ever" citi=en ma" be re-uired to render service
Article 385
ELEMENTS OF MALTREATMENT OF PRISONERS:
a. That the offender is a public officer or emplo"ee.
b. That he has under charge a prisoner or detention prisoner @otherwise the
crime is ph"sical inBuries>
c. That he maltreats such prisoner in either of the following manners$
1. b" overdoing himself in the correction or handling of a prisoner or
detention prisoner under his charge either
b" the imposition of punishments not authori=ed b" the regulations, or
b" inflicting such punishments @those authori=ed> in a cruel and
humiliating manner, or
2. b" maltreating such prisoner to etort a confession or to obtain some
information from the prisoner.
The public officer must have actual charge of the prisoner in order to be held liable
To be considered a detention prisoner, the person arrested must be placed in Bail
even for Bust a short while
+ffender ma" also be held liable for ph"sical inBuries or damage caused
Article 386
ELEMENTS OF ANTICIPATION OF 5UTIES OF A PU:LIC OFFICE:
a. That the offender is entitled to hold a public office or emplo"ment, either b"
election or appointment.
b. That the law re-uires that he should first be sworn in andCor should first give a
bond.
c. That he assumes the performance of the duties and powers of such office.
d. That he has not ta<en his oath of office and.Cor given the bond re-uired b" law.
Article 387
ELEMENTS OF PROLONGING PERFORMANCE OF 5UTIES AN5 PO/ERS:
a. That the offender is holding a public office.
b. That the period provided b" law, regulations or special provisions for holding
such office has alread" epired.
c. That he continues to eercise the duties and powers of such office.
*ote$ The article contemplates officers who have been suspended, separated or
declared over4aged or dismissed
Article 380
ELEMENTS OF A:AN5ONMENT OF OFFICE OR POSITION :
a. That the offender is a public officer.
b. That he formall" resigns from his position.
c. That his resignation has not "et been accepted.
d. That he abandons his office to the detriment of the public service.
There must be formal or written resignation
The offense is -ualified if the purpose behind the abandonment is to evade the
discharge of duties consisting of preventing, prosecuting or punishing an" of the
crimes against national securit". The penalt" is higher. This involves the following
crimes$
a. treason
b. conspirac" and proposal to commit conspirac"
HJ
c. misprision of treason
d. espionage
e. inciting to war or giving motives to reprisals
f. violation of neutralit"
g. correspondence with hostile countr"
h. flight to enem" countr"
i. pirac" and mutin" on the high seas
B. rebellion
<. conspirac" and proposal to commit rebellion
l. dislo"alt" to public officers
m. inciting to rebellion
n. sedition
o. conspirac" to commit sedition
p. inciting to sedition
!bandonment of +ffice or Position @23I> 7ereliction of 7ut" @2JI>
There is actual abandonment through
resignation to evade the discharge of
duties.
Public officer does not abandon his office
but merel" fails to prosecute a violation of
the law.
Article 382
ELEMENTS OF USURPATION OF LEGISLATI1E PO/ERS:
a. That the offender is an eecutive or Budicial officer.
b. That he @a.> ma<es general rules or regulations be"ond the scope of his authorit"
or @b.> attempts to repeal a law or @c.> suspends the eecution thereof.
Article 344
ELEMENTS OF USURPATION OF E;ECUTI1E FUNCTIONS:
a. That the offender is a Budge.
b. That he @a.> assumes a power pertaining to the eecutive authorities, or @b.>
obstructs eecutive authorities in the lawful eercise of their powers.
*ote$ Legislative officers are not liable for usurpation of eecutive functions
Article 341
ELEMENTS OF USURPATION OF @U5ICIAL FUNCTIONS:
a. That the offender is an officer of the eecutive branch of the government.
b. That he @a.> assumes Budicial powers, or @b.> obstruct the eecution of an" order
decision rendered b" an" Budge within his Burisdiction.
*ote$ ! ma"or is guilt" under this article when he investigates a case while a Bustice
of the peace is in the municipalit"
Article 343
ELEMENTS OF 5ISO:EYING RE9UEST FOR 5IS9UALIFICATION:
a. That the offender is a public officer.
b. That a proceeding is pending before such public officer.
c. That there is a -uestion brought before the proper authorit" regarding his
Burisdiction, which is not "et decided.
d. That he has been lawfull" re-uired to refrain from continuing the proceeding.
e. That he continues the proceeding.
Article 348
ELEMENTS OF A55RESSING OR5ERS OR RE9UESTS :Y E;ECUTI1E
OFFICER TO ANY @U5ICIAL AUT6ORITY:
a. That the offender is an eecutive officer.
b. That the addresses an" order or suggestion to an" Budicial authorit".
c. That the order or suggestion relates to an" case or business coming within the
eclusive Burisdiction of the courts of Bustice.
*ote$ Legislative or Budicial officers are not liable under this article
Article 344
ELEMENTS OF UNLA/FUL APPOINTMENTS:
H1
a. That the offender is a public officer.
b. That he nominates or appoints a person to a public office.
c. That such person lac<s the legal -ualification therefor.
d. That the offender <nows that his nominee or appointee lac<s the -ualification at
the time he made the nomination or appointment.
2ecommending, <nowing that the person recommended is not -ualified is not a
crime
There must be a law providing for the -ualifications of a person to be nominated or
appointed to a public office
Article 345
ELEMENTS OF A:USES AGAINST C6ASTITY:
a. That the offender is a public officer.
b. That he solicits or ma<es immoral or indecent advances to a woman.
c. That such woman must be
1. interested in matters pending before the offender for decision, or with
respect to which he is re-uired to submit a report to or consult with a
superior officer, or
2. under the custod" of the offender who is a warden or other public officer
directl" charged with care and custod" of prisoners or person under arrest,
or
3. the wife, daughter, sister or relative within the same degree b" affinit" of the
person in the custod" of the offender
The mother of the person in the custod" of the public officer is not included
.olicit$ means to propose earnestl" and persistentl" something unchaste and
immoral to a woman
The advances must be immoral or indecent
The crime is consummated b" mere proposal
Proof of solicitation is not necessar" when there is seual intercourse
TITLE EIG6T
I. CRIMES AGAINST PERSONS
5ESTRUCTION OF LIFE
A. ELEMENTS OF PARRICI5E: =346>
1. That a person is <illed.
2. That the deceased is <illed b" the accused.
3. That the deceased is the father, mother, or child, whether legitimate or illegitimate, or
a legitimate other ascendant or other descendant, or the legitimate spouse of the
accused.
*otes$
1. The relationship of the offender with the victim is the essential element of the
felon"
2. Parents and children are not included in the term 8ascendants: or 8descendants:
3. The other ascendant or descendant must be legitimate. +n the other hand, the
father, mother or child ma" be legitimate or illegitimate
;. The child should not be less than 3 da"s old. +therwise, the offense is infanticide
H. 2elationship must be alleged
F. ! stranger who cooperates in committing parricide is liable for murder or
homicide
E. 0ven if the offender did not <now that the person he had <illed is his son, he is
still liable for parricide because the law does not re-uire <nowledge of the
relationship
:. 5EAT6 OR P6YSICAL IN@URIES UN5ER E;CEPTIONAL CIRCUMSTANCES
2e-uisites$
H2
1. ! legall" married person or parent surprises his spouse or daughter @the latter must
be under 1I and living with them> in the act of committing seual intercourse with
another person
2. GeCshe <ills an" or both of them or inflicts upon an" or both of them an" serious
ph"sical inBur" in the act or immediatel" thereafter
3. Ge has not promoted or facilitated the prostitution of his wife or daughter, or that he
has not consented to the infidelit" of the other spouse.
*otes$
1. !rticle does not define or penali=e a felon"
2. *ot necessar" that the parent be legitimate
3. !rticle applies onl" when the daughter is single
;. .urprise$ means to come upon suddenl" or unepectedl"
H. !rt 2;E is applicable when the accused did not see his spouse in the act seual
intercourse with another person. Gowever, it is enough that circumstances
reasonabl" show that the carnal act is being committed or has been committed
F. .eual intercourse does not include preparator" acts
E. 6mmediatel" thereafter$ means that the discover", escape, pursuit and the <illing
must all form parts of one continuous act
I. The <illing must be the direct b"4product of the rage of the accused
K. *o criminal liabilit" is incurred when less serious or slight ph"sical inBuries are
inflicted. /oreover, in case third persons caught in the crossfire suffer ph"sical
inBuries, the accused is not liable. The principle that one is liable for the
conse-uences of his felonious act is not applicable because he is not committing
a felon"
C. ELEMENTS OF MUR5ER: =340>
1. That a person was <illed.
2. That the accused <illed him.
3. That the <illing was attended b" an" of the following -ualif"ing circumstances
a. with treacher", ta<ing advantage of superior strength, with the aid or armed
men, or emplo"ing means to wea<en the defense or of means or persons to
insure or afford impunit"
b. in consideration of price, reward or promise
c. b" means of inundation, fire, poison, eplosion, shipwrec<, stranding of
vessel, derailment or assault upon a street car or locomotive, fall of airship,
b" means of motor vehicles or with the use of an" other means involving
great waste or ruin
d. on occasion of an" of the calamities enumerated in the preceding paragraph,
or of an earth-ua<e, eruption of a volcano, destructive c"clone, epidemic or
an" other public calamit"
e. with evident premeditation
f. with cruelt", b" deliberatel" and inhumanel" augmenting the suffering of the
victim or outraging or scoffing at his person or corpse
;. The <illing is not parricide or infanticide.
*otes$
1. The victim must be <illed in order to consummate the offense. +therwise, it would
be attempted or frustrated murder
2. /urder will eist with onl" one of the circumstances. The other circumstances are
absorbed or included in one -ualif"ing circumstance. The" cannot be considered
as generic aggravating circumstances
3. !n" of the -ualif"ing circumstances must be alleged in the information.
+therwise, the" will onl" be considered as generic aggravating circumstances
;. Treacher" and premeditation are inherent in murder with the use of poison
5. ELEMENTS OF 6OMICI5E: =342>
1. That a person was <illed.
2. That the accused <illed him without an" Bustif"ing circumstances.
3. That the accused had the intention to <ill, which is presumed.
;. That the <illing was not attended b" an" of the -ualif"ing circumstances of murder, or
b" that of parricide or infanticide.
*otes$
H3
1. 6ntent to <ill is conclusivel" presumed when death resulted. Gence, evidence of
intent to <ill is re-uired onl" in attempted or frustrated homicide
2. There is no crime of frustrated homicide through negligence
3. #hen the wounds that caused death were inflicted b" 2 different persons, even if
the" were not in conspirac", each one of them is guilt" of homicide
;. 6n all crimes against persons in which the death of the victim is an element, there
must be satisfactor" evidence of @1> the fact of death and @2> the identit" of the
victim
E. PENALTY FOR FRUSTRATE5 PARRICI5E' MUR5ER OR 6OMICI5E =354>
F. ELEMENTS OF 5EAT6 IN A TUMULTOUS AFFRAY: =351>
1. That there be several persons.
2. That the" did not compose groups organi=ed for the common purpose of assaulting
and attac<ing each other reciprocall".
3. That these several persons -uarreled and assaulted one another in a confused and
tumultuous manner.
;. That someone was <illed in the course of the affra".
H. That it cannot be ascertained who actuall" <illed the deceased.
F. That the person or persons who inflicted serious ph"sical inBuries or who used
violence can be identified.
*otes$
1. Tumultuous affra" eists hen at least ; persons ta<e part in it
2. #hen there are 2 identified groups of men who assaulted each other, there is no
tumultuous affra"
3. Persons liable are$
a. personCs who inflicted serious ph"sical inBuries
b. if it is not <nown who inflicted serious ph"sical inBuries on the deceased, all
persons who used violence upon the person of the victim
G. ELEMENTS OF P6YSICAL IN@URIES INFLICTE5 IN A TUMULTOUS AFFRAY:
=353>
1. that there is a tumultuous affra" as referred to in the preceding article.
2. That a participant or some participants thereof suffer serious ph"sical inBuries or
ph"sical inBuries
of a less serious nature onl".
3. that the person responsible therefor cannot be identified.
;. That all those who appear to have used violence upon the person of the offended
part" are <nown.
6.GI1ING ASSISTANCE TO SUICI5E: =358>
!cts punishable$
1. !ssisting another to commit suicide, whether the suicide is consummated or not
2. Lending his assistance to another to commit suicide to the etent of doing the
<illing himself
*otes$
1. ! person who attempts to commit suicide is not criminall" liable
2. ! pregnant woman who tried to commit suicide b" means of poison but instead of
d"ing, the fetus in her womb was epelled, is not liable for abortion
3. !ssistance to suicide is different from merc"4<illing. 0uthanasiaCm< is the practice
of painlessl" putting to death a person suffering from some incurable disease. 6n
this case, the person does not want to die. ! doctor who resorts to euthanasia
ma" be held liable for murder
;. Penalt" is mitigated if suicide is not successful
I. ELEMENTS OF 5ISC6ARGE OF FIREARMS: =354>
1. that the offender discharges a firearm against or at another person.
2. That the offender has no intention to <ill that person.
*otes$
H;
1. The offender must shoot at another with an" firearm without intention of <illing
him. 6f the firearm is not discharged at a person, the act is not punished under
this article
2. ! discharge towards the house of the victim is not discharge of firearm. +n the
other hand, firing a gun against the house of the offended part" at random, not
<nowing in what part of the house the people were, it is onl" alarm under art 1HH.
3. &suall", the purpose of the offender is onl" to intimidate or frighten the offended
part"
;. 6ntent to <ill is negated b" the fact that the distance between the victim and the
offender is 2JJ "ards
H. ! person can be held liable for discharge even if the gun was not pointed at the
offended part" when it fired for as long as it was initiall" aimed at or against the
offended part"
@. ELEMENTS OF INFANTICI5E: =355>
1. That a child was <illed.
2. That the deceased child was less than three da"s @E2 hours> of age.
3. That the accused <illed the said child.
*otes$
1. #hen the offender is the father, mother or legitimate ascendant, he shall suffer
the penalt" prescribed for parricide. 6f the offender is an" other person, the
penalt" is that for murder. 6n either case, the proper -ualification for the offense is
infanticide
2. #hen infanticide is committed b" the mother or maternal grandmother in order to
conceal the dishonor, such fact is onl" mitigating
3. The delin-uent mother who claims that she committed the offense to conceal the
dishonor must be of good reputation. Gence, if she is a prostitute, she is not
entitled to a lesser penalt" because she has no honor to conceal
;. There is no infanticide when the child was born dead, or although born alive it
could not sustain an independent life when it was <illed
A. ELEMENTS OF INTENTIONAL A:ORTION: =356>
1. That there is a pregnant woman.
2. That violence is eerted, or drugs or beverages administered, or that the accused
otherwise acts upon such pregnant woman.
3. That as a result of the use of violence or drugs or beverages upon her, or an" other
act of the accused, the fetus dies, either in the womb or after having been epelled
therefrom.
;. That the abortion is intended.
L. ELEMENTS OF UNINTENTIONAL A:ORTION: =357>
1. That there is a pregnant woman.
2. That violence is used upon such pregnant woman without intending an abortion.
3. That the violence is intentionall" eerted.
;. That as a result of the violence that fetus dies, either in the womb or after having
been epelled therefrom.
*otes$
1. &nintentional abortion can also be committed through negligence
2. The accused can onl" be held liable if he <new that the woman was pregnant
3. 6f there is no intention to cause abortion and neither was violence eerted, arts
2HF and 2HE does not appl"
M. ELEMENTS OF A:ORTION PRACTICE5 :Y T6E /OMAN 6ERSELF OR :Y
6ER PARENTS: =350>
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the abortion is caused b"
a. the pregnant woman herself
b. an" other person, with her consent, or
c. an" of her parents, with her consent for the purpose of concealing her
dishonor.
*otes$
HH
1. Liabilit" of the pregnant woman is mitigated if the purpose is to conceal her
dishonor. Gowever, there is no litigation for the parents of the pregnant women
even if their purpose is to conceal their daughter9s dishonor
2. 6n infanticide, parents can avail of the mitigating circumstance of concealing the
dishonor of their daughter. This is not so for art 2HI
N. ELEMENTS OF A:ORTION PRACTICE5 :Y A P6YSICIAN OR MI5/IFE AN5
5ISPENSING OF A:ORTI1ES: =352>
1. That there is a pregnant woman who has suffered an abortion.
2. That the abortion is intended.
3. That the offender, who must be a ph"sician or midwife, causes or assists in causing
the abortion.
;. That said ph"sician or midwife ta<es advantage of his or her scientific <nowledge or
s<ill.
*otes$
1. 6t is not necessar" that the pharmacist <new that the abortive would be used to
cause abortion. #hat is punished is the act of dispensing an abortive without the
proper prescription. 6t is not necessar" that the abortive be actuall" used
2. 6f the pharmacist <new that the abortive would be used to cause abortion and
abortion results, he is liable as an accomplice
O. RESPONSI:ILITY OF PARTICIPANTS IN A 5UEL: =364>
!cts punished$
1. 5illing one9s adversar" in a duel
2. 6nflicting upon the adversar" serious ph"sical inBuries
3. /a<ing a combat although no ph"sical inBuries have been inflicted
Persons liable$
1. Principals person who <illed or inflicted ph"sical inBuries upon his adversar", or
both combatants in an" other cases
2. !ccomplices as seconds
*otes$
1. 7uel$ a formal or regular combat previousl" concerted between 2 parties in the
presence of 2 or more seconds of lawful age on each side, who ma<e the selection
of arms and fi all the other conditions of the fight
2. 6f death results, the penalt" is the same as that for homicide
P. C6ALLENGING TO A 5UEL: =361>
!cts punishable$
1. 3hallenging another to a duel
2. 6nciting another to give or accept a challenge to a duel
3. .coffing at or decr"ing another publicl" for having refused to accept a challenge
to fight a duel
Persons liable$
1. 3hallenger
2. 6nstigators
II. P6YSICAL IN@URIES
A. MUTILATION: =363>
5inds of /utilation
1. 6ntentionall" mutilating another b" depriving him, totall" or partiall", of some
essential organ for reproduction
2. 6ntentionall" ma<ing another mutilation, i.e. lopping, clipping off an" part of the
bod" of the offended part", other than the essential organ for reproduction, to
deprive him of that part of the bod"
Ele-e"ts:
1. There be a castration i.e. mutilation of organs necessar" for generation
2. /utilation is caused purposel" and deliberatel"
*otes$
1. 6n the first <ind of mutilation, the castration must be made purposel". +therwise,
it will be considered as mutilation of the second <ind
2. /a"hem$ refers to an" other intentional mutilation
HF
:. SERIOUS P6YSICAL IN@URIES: =368>
Gow 3ommitted
1. #ounding
2. ,eating
3. !ssaulting
;. !dministering inBurious substances
#hat are serious ph"sical inBuries$
1. 6nBured person becomes insane, imbecile, impotent or blind
2. 6nBured person
a. loses the use of speech or the power to hear or to smell, loses an e"e, a
hand, foot, arm or leg
b. loses the use of an" such member
c. becomes incapacitated for the wor< in which he had been habituall" engaged
3. 6nBured person
a. becomes deformed
b. loses an" other member of his bod"
c. loses the use thereof
d. becomes ill or incapacitated for the performance of the wor< in which he had
been habituall" engaged in for more than KJ da"s
;. 6nBured person becomes ill or incapacitated for labor for more than 3J da"s @but
not more than KJ da"s>
*otes$
1. .erious ph"sical inBuries ma" be committed through rec<less imprudence or
simple imprudence
2. There must be no intent to <ill
3. 6mpotent should include inabilit" to copulate and sterilit"
;. ,lindness re-uires lost of vision in both e"es. /ere wea<ness in vision is not
contemplated
H. Loss of power to hear must involve both ears. +therwise, it will be considered as
serious ph"sical inBuries under par 3
F. Loss of use of hand or incapacit" of usual wor< in par 2 must be permanent
E. Par 2 refers to principal members of the bod". Par 3 on the other hand, covers
an" other member which is not a principal part of the bod". 6n this respect, a front
tooth is considered as a member of the bod", other than a principal member
I. 7eformit"$ means ph"sical ugliness, permanent and definite abnormalit". *ot
curable b" natural means or b" nature. 6t must be conspicuous and visible. Thus,
if the scar is usuall" covered b" a dress, it would not be conspicuous and visible
K. The loss of 3 incisors is a visible deformit". Loss of one incisor is not. Gowever,
loss of one tooth which impaired appearance is a deformit"
1J. 7eformit" b" loss of teeth refers to inBur" which cannot be impaired b" the action
of the nature
11. Loss of both outer ears constitutes deformit" and also loss of the power to hear.
/eanwhile, loss of the lobule of the ear is onl" a deformit"
12. Loss of the inde and middle fingers is either a deformit" or loss of a member,
not a principal one of his bod" or use of the same
13. Loss of the power to hear in the right ear is considered as merel" loss of use of
some other part of the bod"
1;. 6f the inBur" would re-uire medical attendance for more than 3J da"s, the illness
of the offended part" ma" be considered as lasting more than 3J da"s. The fact
that there was medical attendance for that period of time shows that the inBuries
were not cured for that length of time
1H. &nder par ;, all that is re-uired is illness or incapacit", not medical attendance
1F. 6n determining incapacit", the inBured part" must have an avocation at the time of
the inBur". #or<$ includes studies or preparation for a profession
1E. #hen the categor" of the offense of serious ph"sical inBuries depends on the
period of the illness or incapacit" for labor, there must be evidence of the length
of that period. +therwise, the offense will onl" be considered as slight ph"sical
inBuries
1I. There is no incapacit" if the inBured part" could still engage in his wor< although
less effectivel" than before
1K. .erious ph"sical inBuries is -ualified when the crime is committed against the
same persons enumerated in the article on parricide or when it is attended b"
HE
an" of the circumstances defining the crime of murder. Gowever, serious ph"sical
inBuries resulting from ecessive chastisement b" parents is not -ualified serious
ph"sical inBuries
C. ELEMENTS OF A5MINISTERING IN@URIOUS SU:STANCES OR :E1ERAGES:
=364>
1. That the offender inflicted upon another person an" serious ph"sical inBur"
2. That it was done <nowingl" administering to him an" inBurious substances or
beverages or b" ta<ing advantage of his wea<ness of mind of credulit"
3. Ge had no intent to <ill
*otes$
1. 6t is frustrated murder when there is intent to <ill
2. !dministering means introducing into the bod" the substance, thus throwing of
the acid in the face is not contemplated
5. ELEMENTS OF LESS SERIOUS P6YSICAL IN@URIES: =365>
1. That the offended part" is incapacitated for labor for 1J da"s or more @but not
more than 3J da"s>, or needs medical attendance for the same period of time
2. That the ph"sical inBuries must not be those described in the preceding articles
*otes$
1. 3ircumstances -ualif"ing the offense$
a. when there is manifest intent to insult or offend the inBured person
b. when there are circumstances adding ignomin" to the offense
c. when the victim is either the offender9s parents, ascendants, guardians,
curators or teachers
d. when the victim is a person of ran< or person in authorit", provided the crime
is not direct assault
2. 6t falls under this article even if there was no incapacit" but the medical treatment
was for 13 da"s
E. SLIG6T P6YSICAL IN@URIES: =366>
3 5inds$
1. That which incapacitated the offended part" for labor from 14K da"s or re-uired
medical attendance during the same period
2. That which did not prevent the offended part" from engaging in his habitual wor<
or which did not re-uire medical attendance @e. ,lac<4e"e>
3. 6ll4treatment of another b" deed without causing an" inBur" @e. slapping but
without causing dishonor>
F. RAPE =ART 855>
The !nti42ape Law of 1KKE @2! I3H3> now classified the crime of rape as Cri-e
A$#i"st Pers!"s incorporated into Title I of the 2P3 to be <nown as 3hapter 3
Ele-e"ts: R#e is c!--itte.
1. ," a man who have carnal <nowledge of a woman under an" of the following
circumstances$
a. through force, threat or intimidation
b. when the offended part" is deprived of reason or otherwise unconscious
c. b" means of fraudulent machination or grave abuse of authorit"
d. when the offended part" is under 12 "ears of age or is demented, even
though none of the circumstances mentioned above be present
2. ," an" person who, under an" of the circumstances mentioned in par 1 hereof,
shall commit an ac of seual assault b" inserting
a. his penis into another person9s mouth or anal orifice, or
b. an" instrument or obBect, into the genital or anal orifice of another person
2ape committed under par 1 is punishable b"$
1. reclusion perpetua
2. reclusion perpetua to 70!TG when
a. victim became insane b" reason or on the occasion of rape
b. t$e rape is attempted and a $omicide is committed b% reason or on t$e occasion
t$ereo(
HI
3. 70!TG when
a. homicide is committed
b. victim under 1I "ears and offender is$
i. parent
ii. ascendant
iii. step4parent
iv. guardian
v. relative b" consanguinit" or affinit" with the 3
rd
civil degree or
vi. common law spouse of parent of victim
c. under the custod" of the police or militar% aut$orities or an% la. en(orcement or
penal institution
d. committed in full view of the spouse, parent or an" of the children or other
relatives within the 3
rd
degree of consanguinit"
e. victim is a religious en*a*ed in le*itimate reli*ious vocation or callin* and is
personall% kno.n to be suc$ b% t$e o((ender be(ore or at t$e time o( t$e
commission o( t$e crime
f. a child below E "ears old
g. offender <nows he is afflicted with /V or !67. or an% ot$er sexuall%
transmissible disease and t$e virus is transmitted to t$e victim
h. offender? member of the !AP, or para0militar% units t$ereo(, or the P*P, or an"
law enforcement agenc" or penal institution, .$en t$e o((ender took advanta*e
o( $is position to (acilitate t$e commission o( t$e crime
i. victim suffered permanent ph"sical mutilation or disabilit%
1. t$e o((ender kne. o( t$e pre*nanc% o( t$e o((ended part% at t$e time o( t$e
commission o( t$e crime2 and
k. .$en t$e o((ender kne. o( t$e mental disabilit%, emotional disorder and3or
p$%sical $andicap or t$e o((ended part% at t$e time o( t$e commission o( t$e
crime
2ape committed under par 2 is punishable b"$
4. prision ma%or
5. prision ma%or to reclusion temporal
a. use of deadl" weapon or
b. b" two or more persons
3. reclusion temporal when the victim has become insane
;. reclusion temporal to reclusion pepetua rape is attempted and homicide is
committed
H. reclusion perpetua homicide is committed b" reason or on occasion of rape
F. reclusion temporal committed with an" of the 1J aggravating circumstances
mentioned above
*otes$
1. The underscored words are the amendments provided b" 2! I3H3
2. 7ividing age in rape$
a. less than E "rs old, mandator" death
b. less than 12 "rs old, statutor" rape
c. less than 1I "rs old and there is relationship @e.g. parent etc>? mandator" death
TITLE NINE
I. CRIMES AGAINST PERSONAL LI:ERTY AN5 SECURITY
A. ELEMENTS OF AI5NAPPING AN5 SERIOUS ILLEGAL 5ETENTION: =367>
1. +ffender is a private individual
2. Ge <idnaps or detains another, or in an" other manner deprives the latter of his
libert"
3. The act of detention or <idnapping must be illegal
;. That in the commission of the offense, an" of the following circumstances are
present @becomes serious>
a. that the he <idnappingCdetention lasts for more than 3 da"s
b. that it is committed simulating public authorit"
HK
c.that an" serious ph"sical inBuries are inflicted upon the person <idnapped or
detained or threats to <ill him are made, or
d. that the person <idnapped or detained is a minor @ecept if parent is the
offender>, female or a public officer
*ote$ #hen death penalt" is imposed$
a. if <idnapping is committed for the purpose of etorting ransom either from the
victim or from an" other person even if none of the aforementioned are present in
the commission of the offense @even if none of the circumstances are present>
b. when the victim is <illed or dies as a conse-uence of the detention or is raped or
is subBected to torture or dehumani=ing acts
:. ELEMENTS OF SLIG6T ILLEGAL 5ETENTION: =360>
1. +ffender is a private person
2. Ge <idnaps or detains another or in an" other maner deprives him pof his libert" C
furnished place for the perpetuation of the crime
3. That the act of detention or <idnapping must be illegal
;. That the crime is committed without the attendant of an" of the circumstances
enumerated in !rt 2FE
*ote$ Privileged mitigating circumstances$
6f the offender$
a. voluntaril" releases the person so <idnapped or detained within 3 da"s from the
commencement of the detention
b. without having attained the purpose intended and
c. before the institution of criminal proceedings against him
C. ELEMENTS OF UNLA/FUL ARREST: =362>
1. That the offender arrests or detains another person
2. That the purpose of the offender is to deliver him to the proper authorities
3. That the arrest or detention is not authori=ed b" law or there is no reasonable
ground therefor
*otes$
1. +ffender is an" person, so either a public officer or private individual
2. 2efers to warrantless arrests
3. 6n art 12H, the detention is for some legal ground while here, the detention is not
authori=ed b" law
;. 6n art 12H, the crime pertains to failure to deliver the person to the proper Budicial
authorit" within the prescribed period while here, the arrest is not authori=ed b"
law
5. ELEMENTS OF AI5NAPPING AN5 FAILURE TO RETURN A MINOR: =374>
1. That the offender is entrusted with the custod" of a minor person @whether over
or under E but less than 1I "rs old>
2. That he deliberatel" fails to restore the said minor to his parents
E. ELEMENTS OF IN5UCING A MINOR TO A:AN5ON 6IS 6OME: =371>
1. That the minor @whether over or under E> is living in the home of his parents or
guardians or the person entrusted with his custod"
2. That the offender induces a minor to abandon such home
*otes$
1. 6nducement must be actual, committed with criminal intent and determined b" a
will to cause damage
2. /inor should not leave his home of his own free will
3. /itigating if b" father or mother

F. ELEMENTS OF SLA1ERY: =373>
1. That the offender purchases. .ells, <idnaps or detains a human being.
2. That the purpose of the offender is to enslave such human being.
*ote$ Nualif"ing circumstance if the purpose of the offender is to assign the offended
part" to some immoral traffic @prostitution>, the penalt" is higher
FJ
G. ELEMENTS OF E;PLOITION OF C6IL5 LA:OR: =378>
1. That the offender retains a minor in his service.
2. That it is against the will of the minor.
3. That it is under the pretet of reimbursing himself of a debt incurred b" an
ascendant, guardian or person entrusted with the custod" of such minor.
G. ELEMENTS OF SER1ICES REN5ERE5 UN5ER COMPULSION IN PAYMENT OF
5E:T: =374>
1. That the offender compels a debtor to wor< for him, either as household servant
or farm laborer.
2. That it is against the debtor9s will.
3. That the purpose is to re-uire or enforce the pa"ment of a debt.
II. CRIMES AGAINST SECURITY
A. A:AN5ONMENT OF PERSON IN 5ANGER AN5 A:AN5ONMENT OF ONE7S
O/N 1ICTIM: =375>
!cts punishable$
1. ," failing to render assistance to an" person whom the offender finds in an inhabited
place wounded or in danger of d"ing, when he can render such assistance without
detriment to himself, unless such omission shall constitute a more serious offense
Ele-e"ts
a. That place is not inhabited.
b. The accused found there a person wounded or in danger of d"ing.
c. The accused can render assistance without detriment to himself.
d. The accused fails to render assistance.
2. ," failing to help or render assistance to another whom the offender has accidentall"
wounded or inBured
3. ," failing to deliver a child, under E whom the offender has found abandoned, to the
authorities or to his famil", or b" failing to ta<e him to a safe place
:. ELEMENTS OF A:AN5ONING A MINOR: =376>
1. That the offender has the custod" of a child.
2. That the child is under seven "ears of age.
3. That he abandons such child.
;. That he has no intent to <ill the child when the latter is abandoned.
&otes:
1. 3onscious, deliberate, permanent, unless punishable b" a more serious offense
2. Nualif"ing circumstances$
a. when the death of the minor resulted from such abandonment
b. if the life of the minor was in danger because of the abandonment
C. ELEMENTS OF A:AN5ONMENT OF MINOR :Y PERSON ENTRUSTE5 /IT6
6IS CUSTO5YD IN5IFFERENCE OF PARENTS: =377>
!cts punished$
1. ," delivering a minor to a public institution or other persons wCo consent of the one
who entrusted such minor to the care of the offender or, in the absence of that one,
without the consent of the proper authorities
0lements$
a. That the offender has charged of the rearing or education of a minor.
b. That he delivers said minor to a public institution or other persons.
c. That the one who entrusted such child to the offender has not consented to
such act, or if the one who entrusted such child to the offender is absent? the
proper authorities have not consented to it.
2. ," neglecting his @offender9s> children b" not giving them education which their
station in life re-uires and financial condition permits
0lements$
a. That the offender is a parent.
F1
b. That he neglects his children b" not giving them education.
c. That his station in life re-uires such education and his financial condition
permits it.
5. ELEMENTS OF E;PLOITATION OF MINORS: =370>
!cts punished$
1. ," causing an" bo" or girl under 1F to perform an" dangerous feat of balancing,
ph"sical strength or contortion, the offender being an" person
2. ," emplo"ing children under 1F who are not the children or descendants of the
offender in ehibitions of acrobat, g"mnast, rope4wal<er, diver, or wild4animal tamer
or circus manager or engaged in a similar calling
3. ," emplo"ing an" descendant under 12 in dangerous ehibitions enumerated in the
net preceding paragraph, the offender being engaged in an" of said callings
;. ," delivering a child under 1F gratuitousl" to an" person following an" of the callings
enumerated in par 2 or to an" habitual vagrant or beggar, the offender being an
ascendant, guardian, teacher or person entrusted in an" capacit" with the care of
such child
H. ," inducing an" child under 1F to abandon the home of its ascendants? guardians,
curators or teachers to follow an" person engaged in an" of the callings mentioned in
par 2 or to accompan" an" habitual vagrant or beggar, the offender being an" person
*ote$ Nualif"ing 3ircumstance if the deliver" of the child to an" person following an" of
the callings of acrobat, rope4wal<er, diver or wild4animal trainer or circus manager or to
an" habitual vagrant of beggar is made in consideration of an" price, compensation or
promise, the penalt" is higher.
E. A55ITIONAL PENALTIES FOR OT6ER OFFENSES: =372>
F. ELEMENTS OF TRESPASS TO 5/ELLING: =304>
1. That the offender is a private person.
2. That he enters the dwelling of another.
3. That such entrance is against the latter9s will.
&otes$
1. Nualif"ing circumstance$ if the offense is committed b" means of violence or
intimidation, the penalt" is higher
2. There must be an opposition to the entr" of the accused
3. 6mplied prohibition is present considering the situation late at night and ever"one9s
asleep or entrance was made through the window
;. Prohibition is not necessar" when violence or intimidation is emplo"ed b" the
offender
H. #hen there is no overt act of the crime intended to be committed, this is the crime
F. /a" be committed even b" the owner @as against the actual occupant>
E. *ot applicable to$
a. entrance is for the purpose of preventing harm to himself, the occupants or a
third person
b. purpose is to render some service to humanit" or Bustice
c. place is a cafS, tavern etc while open
I. -edina case$ when the accused entered the dwelling through the window, he had no
intent to <ill an" person inside, but the intention to <ill came to his mind when he was
being arrested b" the occupants thereof, the crime of trespass to dwelling is a separate
and distinct offense from frustrated homicide
G. ELEMENTS OF OT6ER FORMS OF TRESPASS: =301>
1. That the offender enters the closed premises or the fenced estate of another.
2. That the entrance is made while either of them is uninhabited.
3. That the prohibition to enter be manifest.
;. That the trespasser has not secured the permission of the owner or the careta<er
thereof.
6. GRA1E T6REATS /6ERE OFFEN5ER ATTAINE5 6IS PURPOSE: =303>
!cts punishable$
F2
1. ," threatening another with the infliction upon his person, honor or propert" that of
his famil" of an" wrong amounting to a crime and demanding mone" or imposing an"
other condition, even though not unlawful and the offender @*ote$ threat is with
condition>
Ele-e"ts
a. That the offender threatens another person with the infliction upon the latter9s
person, honor or propert", or upon that of the latter9s famil", of an" wrong.
b. That such wrong amounts to a crime.
c. That there is a demand for mone" or that an" other condition is imposed,
even though not unlawful.
d. That the offender attains his purpose.
2. ," ma<ing such threat without the offender attaining his purpose
3. ," threatening another with the infliction upon his person, honor or propert" or that of
his famil" of an" wrong amounting to a crime, the threat not being subBect to a
condition @*ote$ threat is without condition>
Ele-e"ts
a. That the offender threatens another person with the infliction upon the latter9s
person, honor or propert", or upon that of the latter9s famil", of an" wrong.
b. That such wrong amounts to a crime.
c. That the threat is not subBect to a condition
&otes:
1. !ggravating circumstances$ if made in writing or thru a middleman
2. Arustrated if not received b" the person being threatened
3. !rt 2I; bond from good behavior ma" be imposed @onl" in these offenses>
I. ELEMENTS OF LIG6T T6REATS: =308>
1. That the offender ma<es a threat to commit a wrong.
2. That the wrong does not constitute a crime.
3. That there is a demand for mone" or that other condition is imposed, even though
not unlawful
;. That the offender has attained his purpose or, that he has not attained his purpose
!rt 2I; bond from good behavior ma" be imposed &otes:
1. @onl" in these offenses>
2. The wrong does not amount to a crime
@. :ON5 FOR GOO5 :E6A1IOR: =304>
A. ELEMENTS OF OT6ER LIG6T T6REATS: =305>
1. Person shall threaten another with a weapon, or draw weapon in a -uarrel unless in
self4defense.
2. 6n the heat of anger, person orall" threatens another with some harm constituting a
crime, without persisting in the idea involved in the threat. .ubse-uent acts did not
persist.
3. Person orall" threatens another with harm not constituting a felon".
L. ELEMENTS OF GRA1E COERCIONS: =306>
1. That a person prevented another from doing something +2 not to do something
against his will, be it right or wrong?
2. That the prevention or compulsion be effected b" violence, of force as would produce
intimidation and control the will.
3. That the person that restrained the will and libert" b" another had not the authorit" of
law or the right to do so, or, in other words, that the restraint shall not be made under
authorit" of law or in the eercise of an" lawful right.
M. ELEMENTS OF LIG6T COERCIONS: =307>
1. That the offender must be a creditor.
2. That he sei=es an"thing belonging to his debtor.
3. That the sei=ure of the thing be accomplished b" means of violence or a displa" of
material force producing intimidation?
;. That the purpose of the offender is to appl" the same to the pa"ment of the debt.
N. ELEMENTS OF OT6ER SIMILAR COERCIONS: =300>
F3
ELEMENTS OF NO. 1
1. That the offender is an" person, agent or officer of an" association or corporation.
2. That he or such firm or corporation has emplo"ed laborers or emplo"ees.
3. That he forces or compels, directl" or indirectl", or <nowingl" permits to be forced or
compelled, an" of his or its laborers or emplo"ees to purchase merchandise or
commodities of an" <ind from his or from said firm or corporation.
ELEMENTS OF NO. 3
1. That the offender pa"s the wages due a laborer or emplo"ee emplo"ed b" him b"
means of to<ens or obBects.
2. That those to<ens or obBects are other than the legal tender currenc" to the
Philippines.
3. That such emplo"ee or laborer does not epressl" re-uest that he be paid b" means
of to<ens or obBects.
O. ELEMENTS OF FORMATION' MAINTENANCE' AN5 PRO6I:ITION OF
COM:INATION OF CAPITAL OR LA:OR T6ROUG6 1IOLENCE OR T6REATS: =302>
1. That the offender emplo"s violence or threats, in such a degree as to compel or force
the laborers or emplo"ers in the free and legal eercise of their industr" or wor<
2. That the purpose is to organi=e, maintain or prevent coalitions of capital or labor,
stri<e of laborers or loc<out of emplo"ees.
III. 5ISCO1ERY AN5 RE1ELATION OF SECRETS
A. ELEMENTS OF 5ISCO1ERING SECRETS T6ROUG6 SEICURE OF
CORRESPON5ENCE: =324>
1. That the offender is a private individual or even a public officer not in the eercise
of his official function,
2. That he sei=es the papers or letters of another.
3. That the purpose is to discover the secrets of such another person.
;. That offender is informed of the contents or the papers or letters sei=ed.
&otes:
1. *ot applicable to parents with respect to minor children
2. 3ontents need not be secret but purpose prevails
3. 3ircumstances -ualif"ing the offense$ when the offender reveals contents of such
papers or letters of another to a 3
rd
person, the penalt" is higher
:. ELEMENTS OF RE1EALING SECRETS /IT6 A:USE OF OFFICE: =321>
1. That the offender is a manager, emplo"ee or servant.
2. That he learns the secrets of his principal or master in such capacit".
3. That he reveals such secrets.
C. ELEMENTS OF RE1ELATION OF IN5USTRIAL SECRETS: =323>
1. That the offender is a person in charge, emplo"ee or wor<man of a
manufacturing or industrial establishment.
2. That the manufacturing or industrial establishment has a secret of the industr"
which the offender has learned.
3. That the offender reveals such secrets.
;. That the preBudice is caused to the owner.
TITLE TEN
I. CRIMES AGAINST PROPERTY
A. ELEMENTS OF RO::ERY IN GENERAL: =328>
1. That there be personal propert" belonging to another.
2. That there is unlawful ta<ing of that propert".
3. That the ta<ing must be with intent to gain, and
;. That there is violence against or intimidation of an" person, or force upon
an"thing.
&otes:
1. ,elonging to another person from whom propert" was ta<en need not be the
owner, legal possession is sufficient
F;
2. *ame of the real owner is not essential so long as the personal propert" ta<en
does not belong to the accused ecept if crime is robber" with homicide
3. Ta<ing of personal propert" must be unlawful? if given in trust estafa
;. !s to robber" with violence or intimidation from the moment the offender gains
possession of the thing even if offender has had no opportunit" to dispose of the
same, the unlawful ta<ing is complete
H. !s to robber" with force upon things thing must be ta<en out of the building
F. 6ntent to gain presumed from unlawful ta<ing
E. Ta<ing must not be under the claim of title or ownership
I. #hen there9s no intent to gain but there is violence in the ta<ing grave coercion
K. 1iolence or intimidation must be against the person of the offended part", not
upon the thing
1J. General rule$ violence or intimidation must be present before the 8ta<ing: is
complete
11. 0cept$ when violence results in homicide, rape, intentional mutilation or an" of
the serious ph"sical inBuries in par 1 and 2 of art 2F3, the ta<ing of the propert" is
robber" compleed with an" of these crimes under art 2K;, even if ta<ing is
alread" complete when violence was used b" the offender
12. &se of force upon things entrance to the building b" means described in arts
2KK and 3J2 @offender must enter>
13. #hen both violence or intimidation and force upon things concur it is robber"
with violence
2obber" with violence Grave threats Grave coercion
6ntent to gain *o intent to gain *one
6mmediate harm 6ntimidation?
promises some future
harm or inBur"
6ntimidation @effect> is immediate and
offended part" is compelled to do
something against his will @wCn right or
wrong>
2obber" ,riber"
% didn9t commit crime but is intimidated to
deprive him of his propert"
% has committed a crime and gives
mone" as wa" to avoid arrest or
prosecution
7eprived of Php thru force or intimidation Giving of Php is in one sense voluntar"
*either Transaction is voluntar" and mutual
0. defendant demands pa"ment of P2.JJ with
threats of arrest and prosecution, therefore,
robber" because @a> intent to gain and @b>
immediate harm
:. ELEMENTS OF RO::ERY /IT6 1IOLENCE AGAINST OR INTIMI5ATION OF
PERSON: =324>
!cts punished as robber" with violence against or intimidation of persons
," reason or on occasion of the robber", the following are committed$
1. homicide
2. robber" accompanied with rape or intentional mutilation, .P6 insane, imbecile,
impotent or blind
3. .P6 lost the use of speech, hear, smell, e"e, hand, foot, arm, leg, use of an"
such member, incapacitated for wor< habituall" engaged in
;. 1iolenceCintimidation shall have been carried to a degree clearl" unnecessar" for
the crime or when in the cause of its eecution .P6Cdeformit", or shall have lost
an" part of the bod" or the use thereof or shall have been ill or incapacitated for
the performance of the wor< for T KJ da"s? T 3J da"s
H. !n" <ind of robber" with less serious ph"sical inBuries or slight ph"sical inBuries
&otes:
1. special comple crimes @specific penalties prescribed>
a. robber" with homicide if original design is robber" and homicide is
committed robber" with homicide even though homicide precedes the robber"
b" an appreciable time. 6f original design is not robber" but robber" was
FH
committed after homicide as an afterthought 2 separate offenses. .till robber"
with homicide if the person <illed was an innocent b"stander and not the
person robbed and if death supervened b" mere accident.
b. robber" with rape intent to commit robber" must precede rape. Prosecution
of the crime need not be b" offended part" fiscal can sign the information.
#hen rape and homicide co4eist, rape should be considered as aggravating
onl" and the crime is still robber" with homicide
c. robber" with intimidation acts done b" the accused which b" their own
nature or b" reason of the circumstances inspire fear in the person against whom
the" are directed
2. -ualif"ing circumstances in robber" with violence or intimidation of persons, if an" of
the offenses defined in subdivisions 3, ; and H of !rt 2K; is committed$
a. in an uninhabited place or
b. b" a band or
c. b" attac<ing a moving train, street car, motor vehicle or airship, or
d. b" entering the passenger9s compartments in a train, or in an" manner ta<ing
the passengers thereof b" surprise in the respective conve"ances, or
e. on a street, road, highwa" or alle" and the intimidation is made with the use
of firearms, the offender shall be punished b" the ma period of the proper
penalties prescribed in art 2K;
C. 9UALIFIE5 RO::ERY /IT6 1IOLENCE OR INTIMI5ATION =325>
&otes:
1. /ust be alleged in the information
2. 3an9t be offset b" generic mitigating
3. !rt 2KH will not appl" to$ robber" wC homicide, rape or .P6 under par 1 of art 2F3
5. RO::ERY :Y A :AN5: =326>
&otes:
1. /ore than 3 armed malefactors
2. Liabilit" for the acts of the other members of the band
a. he was a member of the band
b. he was present at the commission of a robber" b" that band
c. other members of the band committed an assault
d. he did not attempt to prevent the assault
3. 3onspirac" to commit robber" with homicide even if less than ; armed men
;. 3onspirac" to commit robber" onl" but homicide was committed also on the
occasion thereof all members of the band are liable for robber" with homicide
H. 3onspirac" is presumed when ; or more armed persons committed robber"
F. &nless the others attempted to prevent the assault guilt" of robber" b" band onl"
E. ATTEMPTE5 OR FRUSTRATE5 RO::ERY /IT6 6OMICI5E: =327>
&otes:
1. #hether robber" is attempted or frustrated, penalt" is the same
2. #here offense committed is attempted or frustrated robber" with serious ph"sical
inBuries article ;I is applicable
F. ELEMENTS OF E;ECUTION OF 5EE5S :Y MEANS OF 1IOLENCE OR
INTIMI5ATION: =320>
1. That the offender has intent to defraud another.
2. That the offender compels him to sign, eecute, or deliver an" public instrument or
document.
3. That the compulsion is b" means of violence or intimidation.
G. ELEMENTS OF RO::ERY IN AN IN6A:ITE5 6OUSE OR PU:LIC :UIL5ING OR
E5IFICE 5E1OTE5 TO /ORS6IP: =322>
1. That the offender entered @a> an inhabited house, or @b> public buildings, or @c> edifice
devoted to religious worship.
2. That the entrance was effected b" an" of the following means$
a. Through an opening not intended for entrance or egress.
b. ," brea<ing an" wall, roof, or floor or brea<ing an" door or window.
c. ," using false <e"s, pic<loc<s or similar tools or.
FF
d. ," using an" fictitious name or pretending the eercise of public authorit".
3. That once inside the building, the offender too< personal propert" belonging to
another with intent to gain.
&otes:
1. 6ncludes dependencies @stairwa"s, hallwa"s, etc.>
2. 6nhabited house an" shelter, ship or vessel constituting the dwelling of one or
more person even though temporaril" absent dependencies, courts, corals,
barns, etc.
3. *+T 6*3L&707 +23G!27, L!*7. A+2 3&LT61!T6+*.
;. 6mportant for robber" b" use of force upon things, it is necessar" that offender
enters the building or where obBect ma" be found. *+ 0*T2', *+ 2+,,02'
H. 0ntrance is necessar" mere insertion of hand is not enough @whole bod">? not
to get out but to enter therefore, evidence to such effect is necessar"
F. P v. Lama$an* intent to rob being present is necessar"
E. Place$ house or building? not car
I. Public building ever" building owned, rented or used b" the government
@though owned b" private persons> though temporaril" vacant
K. *ot robber" passing through open door but getting out of a window
1J. +utside door must be bro<en, smashed. Theft if loc< is merel" removed or door
was merel" pushed
11. Aalse <e"s genuine <e"s stolen from the owner or an" <e"s other than those
intended b" the owner for use in the loc<
12. Pic<loc<s speciall" made, adopted for commission of robber"
13. 5e" stolen not b" force, otherwise, it9s robber" b" violence and intimidation
against persons
1;. Aalse <e" used in opening house and not furniture inside, otherwise, theft @for
latter to be robber"., must be bro<en and not Bust opened>
1H. Gen. 2ule$ outside door. 0ception$ inside door in a separate dwelling
1F. 0.g. pretending to be police to be able to enter @not pretending after entrance>
ELEMENTS OF RO::ERY /IT6 FORCE UPON SU:5I1ISION =:> OR ART. 322
1. That the offender is inside a dwelling house, public building, or edifice devoted to
religious worship, regardless of the circumstances under which he entered it
2. That the offender ta<es personal propert" belonging to another with intent to gain,
under an" of the following circumstances.
a. b" the brea<ing of doors, wardrobes, chests, or an" other <ind of loc<ed or
sealed furniture or receptacle, or
b. b" ta<ing such furniture or obBects awa" to be bro<en or forced open outside
the place of the robber".
&otes:
1. 0ntrance @ no matter how done>
2. +ffender ma" be servants or guests
3. 7estruction of <e"hole of cabinet is robber" here
;. #hen sealed bo is ta<en out for the purpose of brea<ing it, no need to open
alread" consummated robber"
H. 0stafa if bo is in the custod" of acc
F. Theft if bo found outside and forced open
6. RO::ERY IN AN UNIN6A:ITE5 PLACE AN5 :Y A :AN5: =844>
I. /6AT IS AN UNIN6A:ITE5 6OUSE' PU:LIC :UIL5ING OR :UIL5ING
5E5ICATE5 TO RELIGIOUS /ORS6IP AN5 T6EIR 5EPEN5ENCIES: =841>
&otes:
1. dependencies are all interior courts, corrals, warehouses, granaries or enclosed
places$
a. contiguous to the building
b. having an interior entrance connected therewith
c. which form part of the whole
2. Garage must have 3 re-uirements. 0ception$ orchardsClands
@. ELEMENTS OF RO::ERY IN AN UNIN6A:ITE5 PLACE OR IN A PRI1ATE
:UIL5ING: =843>
FE
1. That the offender entered an uninhabited place or a building which was not a
dwelling house, not a public building, or not an edifice devoted to religious worship.
2. that an" of the following circumstances was present$
a. That entrance was effected through an opening not intended for entrance or
egress.
b. ! wall, roof, floor, or outside door or window was bro<en.
c. The entrance was effected through the use of false <e"s, pic<loc<s or other
similar tools.
d. ! door, wardrobe, chest, or an" sealed or closed furniture or receptacle was
bro<en or
e. ! closed or sealed receptacle was removed, even if the same be bro<en open
elsewhere.
3. That with intent to gain the offender too< therefrom personal propert" belonging to
another.
*otes$
1. .econd <ind of robber" with force upon things
2. &ninhabited place is an uninhabited building @habitable, not an" of the 3 places
mentioned>
3. 0. warehouse, freight car, store. 0ception$ pigst"
;. .ame manner as 2KK ecept that was entered into was an uninhabited place or a
building other than the 3 mentioned in 2KK. 0ception$ does not include use of
fictitious name or pretending the eercise of public authorit"
H. ,rea<ing of padloc< @but not door> is onl" theft
F. Aalse <e"s genuine <e"s stolen from the owner or an" other <e"s other than
those intended b" the owner for use in the loc< forcibl" opened
A. RO::ERY OF CEREALS' FRUITS OR FIRE /OO5 IN AN UNIN6A:ITE5 PLACE
OR PRI1ATE :UIL5ING: =848>
L. ELEMENTS OF ILLEGAL POSSESSION OF PICALOCAS OR SIMILAR TOOLS:
=844>
1. That the offender has in his possession pic<loc<s or similar tools.
2. That such pic<loc<s or similar tools are speciall" adopted to the commission of
robber".
3. That the offender does not have lawful cause for such possession.
&ote: !ctual use of the same is not necessar"
M. ELEMENTS OF FALSE AEYS: =845>
1. Pic<loc<s, etc.
2. Genuine <e" stolen from owner.
3. !n" <e" other than those intended b" owner for use in the loc< forcibl" opened b"
the offender
&otes:
1. Possession of false <e"s here not punishable
2. 6f <e" was entrusted and used to steal, not robber" @not stolen>
II. :RIGAN5AGE
A. :RIGAN5AGE: =846>
,rigands more than three armed persons forming a band
Purpose$
a. 2obber" in highwa"
b b. 5idnapping for etortion or ransom.
c. !n" other purpose to be obtained b" means of force and violence.
Presumption of ,rigandage$
a. if members of lawless band and possession of unlicensed firearms @an" of
them>
b. possession of an" <ind of arms @not Bust firearm>
,26G!*7!G0 2+,,02' 6* ,!*7
Purposes are given +nl" to commit robber", not necessaril" in hi4wa"
/ere formation of a band for 6f the purpose is to commit a part robber"
FI
the above purpose
*ecessar" to prove that band actuall" committed
robber"
:. ELEMENTS OF AI5ING AN5 A:ETTING A :AN5 OF :RIGAN5S: =847>
1. That there is a band of brigands.
2. That the offender <nows the band to be of brigands.
3. That the offender does an" of the following acts$
a. he in an" manner aids, abets or protects such band if brigands, or
b. he gives them information of the movements of the police or other peace officers
of the government or
c. Ge ac-uires or receives the propert" ta<en b" such brigands.
&otes:
1. P7 H32 brigandage. .ei=ure of an" person for$ @a> ransom? @b> etortion or
other unlawful purpose? @c> ta<ing awa" of propert" b" violence or intimidation or
force upon things or other unlawful means
2. 3ommitted b" an" person
3. +n an" Phil hi4wa"
III. T6EFT
A. ELEMENTS OF T6EFT: =840>
1. That there be ta<ing of personal propert".
2. That said propert" belongs to another.
3. That the ta<ing be done with intent to gain.
;. That the ta<ing be done without the consent of the owner.
H. That the ta<ing be accomplished without the use of violence against or intimidation of
persons or force upon things.
Persons liable$
1. Those who
a> with intent to gain
b> but without violence against or intimidation of persons not force upon things
c> ta<e
d> personal propert"
e> of another
f> without the latter9s consent
2. Those who
a> having found lost propert"
b> fail to deliver the same to local authorities or its owner
*otes$
1. 2etention of mone"Cpropert" found is theft. 2etention is failure to return @intent to
gain>
2. 5nowledge of owner is not re-uired, <nowledge of loss is enough
3. Ainder in law is liable
3. Those who
a> after having maliciousl" damaged the propert" of another
b> remove or ma<e use of the fruits or obBect of the damage caused b" them
*ote$ 5illing of cattle of another which destro"ed his propert" and getting meat for
himself
;. Those who
a> enter an enclosed estate or a field where
b> trespass is forbidden or which belongs to another and, without the consent of its
owner
c> hunts or fish upon the same or gather fruits, cereals or other forest or farm
products
*otes$
1. Theft is consummated when offender is able to place the thing ta<en under his
control and in such a situation as he could disclose of it at once @though no
opportunit" to dispose> i.e, the control test
2. P v. 6ino applies onl" in theft of bul<" goods @meaning there has to be capacit"
to dispose of the things>. +therwise, P v. Espiritu full possession is enough
FK
3. .ervant using car without permission deemed -ualified theft though use was
temporar"
;. 2e"es sa"s$ there must be some character of permanenc" in depriving owner of
the use of the obBect and ma<ing himself the owner, therefore must eclude
8Bo"ride:
H. Theft$ if after custod" @onl" material possession> of obBect was given to the
accused, it is actuall" ta<en b" him @no intent to return> e.g. felonious conversion.
,ut it is estafa if Buridical possession is transferred e.g., b" contract of bailment
F. 6ncludes electricit" and gas
a. inspector misreads meter to earn
b. one using a Bumper
E. .elling share of co4partner is not theft
I. .alar" must be delivered first to emplo"ee? prior to this, ta<ing of Php is theft
K. 6f offender claims propert" as his own @in good faith> not theft @though later
found to be untrue. 6f in bad faith theft>
1J. Gain is not Bust Php satisfaction, use, pleasure desired, an" benefit @e.g.
Bo"ride>
11. !ctual gain is not necessar" @intent to gain necessar">
12. !llege lac< of consent in info is important
:. ELEMENTS OF 6UNTING' FIS6ING OR GAT6ERING FRUITS' ETC. IN
ENCLOSE5 ESTATE
=PAR. NO.8' ART. 840>
1. That there is an enclosed estate or a field where trespass is forbidden or which
belongs to another?
2. That the offender enters the same.
3. That the offender hunts or fishes upon the same or gathers fruits, cereals or other
forest or farm products, and
;. That the hunting or fishing or gathering of products is without the consent of the
owner.
&ote$ Aish not in fishpond, otherwise, -ualified
C.PENALTIES FOR 9UALIFIE5 T6EFTD =842>
5. ELEMENTS OF 9UALIFIE5 T6EFT: =814>
1. 3ommitted b" domestic servant, or
2. #ith grave abuse of confidence, or
3. Propert" stolen is$
a. motor vehicle
b. mail matter
c. large cattle
d. coconut from plantation
e. fish from fishpond or fisher", or
;. +n occasion of calamities and civil disturbance.
&otes:
1. 8grave abuse: high degree of confidence e.g. guests
2. no confidence, not -ualified theft
3. theft material possession9 estafa Buridical possession
;. -ualified$ if done b" one who has access to place where stolen propert" is <ept
e.g., guards, tellers
H. novation theor" applies onl" if there9s a relation
F. industrial partner is not liable for NT @estafa>
E. when accused considered the deed of sale as sham @modus> and he had intent
to gain, his absconding is NT
I. see carnapping law$ 2! FH3K
K. motor vehicle in <abit s"stem sold to another4theft. /otor vehicle not used as P&
in <abit s"stem but under 5 of lease4estafa
1J. mail matter private mail to be NT, *ot postmaster !rt. 22F
11. theft of large cattle
EJ
E. ELEMENTS OF T6EFT OF PROPERTY OF T6E NATIONAL LI:RARY AN5
NATIONAL MUSEUM: =811>
I1. USURPATION
A. ELEMENTS OF OCCUPATION OF REAL PROPERTY OR USURPATION OF REAL
RIG6TS IN PROPERTY: =813>
1. That the offender ta<es possession of an" real propert" or usurps an" real rights in
propert".
2. That the real propert" or real rights belong to another.
3. That violence against or intimidation of persons is used b" the offender in occup"ing
real propert" or usurpation real rights in propert".
;. That there is intent to gain.
:. ELEMENTS OF ALTERING :OUN5ARIES OR LAN5MARAS: =818>
1. That there be boundar" mar<s or monuments of towns, provinces, or estates, or an"
other mar<s intended to designate the boundaries of the same.
2. That the offender alters said boundar" mar<s.
1. CULPA:LE INSOL1ENCY
A. ELEMENTS OF FRAU5ULENT INSOL1ENCY: =814> @culpable insolvenc">
1. That the offender is a debtor? that is, he was obligations due and pa"able.
2. That he absconds with his propert".
3. That there be preBudice to his creditors.
1I. S/IN5LING AN5 OT6ER 5ECEITS
A. ELEMENTS OF ESTAFA IN GENERAL: =815>
1. That the accused defrauded another @a.> b" abuse of confidence, or @b> or means of
deceit and
2. That damage or preBudice capable of pecuniar" estimation is caused to the offended
part" or third person
:. ELEMENTS OF ESTAFA /IT6 UNFAIT6FULNESS: =815>
1. That the offender has an onerous obligation to deliver something of value.
2. That he alters its substance, -uantit", or -ualit".
3. That damage or preBudice is caused to another.
C. ELEMENTS OF ESTAFA /IT6 A:USE OF CONFI5ENCE UN5ER SU:5I1ISION
NO.1 PAR. =:>' OF ART.815
1. That mone", goods, or other personal propert" be received b" the offender in trust,
or on commission, or for administration, or under an" other obligation involving the
dut" to ma<e deliver" of or to return, the same.
2. That there be misappropriation or conversion of such mone" or propert" b" the
offender, or dental on his part of such receipt.
3. that such misappropriation or conversion or dental is to the preBudice of another and
;. That there is a demand made b" the offended part" to the offender.
5. 3
N5
ELEMENT OF ESTAFA /IT6 A:USE OF CONFI5ENCE UN5ER PARAGRAP6
=:>' SU:5I1ISION N4.1' ART. 815 E 8 /AYS OF COMMITTING:
1. ," misappropriating the thing received.
2. ," converting the thing received.
3. ," den"ing that the thing was received.
&otes:
1. &nfaithful or !buse of 3onfidence
a. b" altering the substance
b. eisting obligation to deliver even if it is not a subBect of lawful commerce
c. thing delivered has not been full" or partiall" paid for not estafa
c. no agreement as to -ualit" *o estafa if deliver" is unsatisfactor"
E1
2. ," misappropriating and converting
a. thing is received b" offender under transactions transferring Buridical possession,
not ownership
b. under P7 11H @Trust 2eceipts Law> failure to turn over to the ban< the
proceeds of the sale of the goods covered b" T2 0stafa
c. same thing received must be returned otherwise estafa? sale on credit b" agenc"
when it was to be sold for cash estafa
d. 0stafa not affected b" *ovation of 3ontract because it is a public offense
e. *ovation must ta<e place before criminal liabilit" was incurred or perhaps prior to
the filing of the criminal information in court b" state prosecutors
f. -isappropriatin* to ta<e something for one9s own benefit
g. Convertin* act of using or disposing of another9s propert" as if it was one9s own?
thing has been devoted for a purpose or use different from that agreed upon
h. There must be preBudice to another not necessar" that offender should obtain
gain
i. Partners *o estafa of mone" or propert" received for the partnership when the
business is commercial and profits accrued. ,&T if propert" is received for
specific purpose and is misappropriated estafaU
B. Aailure to account after the 70/!*7 is circumstantial evidence of
misappropriation
<. 70/!*7 is not a condition precedent to eistence of estafa when
misappropriation ma" be established b" other proof
l. 6n theft, upon deliver" of the thing to the offender, the owner epects an
immediate return of the ting to him otherwise, 0stafa
m. .ervant, domestic or emplo"ee who misappropriates a thing he received from his
master is *+T guilt" of estafa but of -ualified theft
3. #hen in the prosecution for malversation the public officer is ac-uitted, the private
individual allegedl" in conspirac" with him ma" be held liable for estafa
0.T!A! #6TG !,&.0 +A 3+*A670*30 /!L102.!T6+*
+ffenders are entrusted with funds or
propert" and are continuing offenses
offenders are entrusted with funds or
propert" and are continuing offenses
Aunds$ alwa"s private Aunds$ public funds or propert"
+ffender$ private individual, or public officer
not accountable
+ffender$ public officer accountable for
public funds
3ommitted b" misappropriating, converting,
den"ing having received mone"
3ommitted b" appropriating, ta<ing,
misappropriating
E. ELEMENTS OF ESTAFA :Y TAAING UN5UE A51ANTAGE OF T6E SIGNATURE
IN :LANA: =815>
1. That the paper with the signature of the offended part" be in blan<.
2. That the offended part" should have delivered it to offender.
3. That above the signature of the offended part" a document is written b" the offender
without authorit" to do so.
;. That the document so written creates a liabilit" of, or causes damage to, the
offended part" or an" third person.
&ote: 6f the paper with signature in blan< was stolen Aalsification if b" ma<ing it appear
that he participated in a transaction when in fact he did not so participate
F. ELEMENTS OF ESTAFA :Y MEANS OF 5ECEIT: =815>
1. that there must be a false pretense, fraudulent means must be made or eecuted
prior to or
2. That such false pretense, fraudulent act or fraudulent means must be made or
eecuted prior to or simultaneousl" with the commission of the fraud.
3. That the offended part" must have relied on the false pretense, fraudulent act, or
fraudulent means, that is, he was induced to part with his mone" or propert" because
of the false pretense, fraudulent act, or fraudulent means.
;. That as a result thereof, the offended part" suffered damage.
&otes:
E2
1. Aalse pretenses or fraudulent acts eecuted prior to or simultaneousl" with deliver"
of the thing b" the complainant
2. There must be evidence that the pretense of the accused that he possesses
powerCinfluence is false
G. ELEMENTS OF ESTAFA :Y POST5ATING A C6ECA OR ISSUING A C6ECA IN
PAYMENT OF AN O:LIGATION: =815>
1. That the offender postdated a chec<, or issued a chec< in pa"ment of an obligation.
2. That such postdatig or issuing a chec< was done when the offender had no funds in
the ban< or his funds deposited therein were not sufficient to cover the amount of the
chec<.
&otes:
1. good faith is a defense. @PP. V". V/LLAPA&6+, HF PG6L.31>
2. dishonor from lac< of funds to prima facie evidence of deceit or failure to ma<e
good within three da"s after notice of.
3. *o funds in the ban< or his funds are not sufficient
;. 6f chec< was issued in pa"ment of pre4eisting debt no estafa
H. +ffender must be able to obtain something from the offended part" b" means of
the chec< he issues and delivers
F. 6f postdating a chec< issued as mere guaranteeCpromissor" note no estafa
6. ELEMENTS OF OFFENSE 5EFINE5 IN T6E FIRST PARAGRAP6 OF SECTION 1:
:P 33
1. That a person ma<es or draws and issues an" chec<.
2. That the chec< is made or drawn and issued to appl" on account or for value.
3. That the person who ma<es or draws and issues the chec< <nows at the time of
issue that he does not have sufficient funds
in or credit with the drawee ban< for the pa"ment of such chec< in full upon its
presentment.
;. That the chec< is subse-uentl" dishonored b" the drawee ban< for insufficienc" of
funds or credit, or would have been
dishonored for the same reason had not the drawee, without an" valid reason,
ordered the ban< to stop pa"ment.
&ote$ Aailure to ma<e good within H ban<ing da"s prima facie evidence of <nowledge of
lac< and insufficienc"
I. ELEMENTS OF T6E OFFENSE 5EFINE5 IN T6E SECON5 PARAGRAP6 OF
SECTION 1: :P 33
1. That a person has sufficient funds in or credit with the drawee ban< when he ma<es
or draws and issues a chec<.
2. That he fails to <eep sufficient funds or to maintain a credit to cover the full amount of
the chec< if presented within
a period of KJ da"s from the date appearing thereon.
3. That the chec< is dishonored b" the drawee ban<.
&ote: Aailure to ma<e good within H ban<ing da"s prima facie evididence of <nowledge
of lac< and insufficienc"
@. :Y O:TAINING FOO5 OR CRE5IT AT 6OTELS' INNS' RESTAURANTS ETC.
A. ELEMENTS OF ESTAFA :Y IN5UCING ANOT6ER TO SIGN ANY 5OCUMENTS:
=815>
1. That the offender induced the offended part" to sign a document.
2. That deceit be emplo"ed to ma<e him sign the document.
3. That the offended part" personall" signed the document.
;. That preBudice be caused.
&ote: 6f offended part" willingl" signed the document and there was deceit as to the
character or contents of the document falsification? but where the accused made
representation to mislead the complainants as to the character of the documents 4 estafa
L. ELEMENTS OF ESTAFA :Y REMO1ING' CONCEALING OR 5ESTROYING
5OCUMENTS: =815>
1. That there be court records, office files, documents or an" other papers.
E3
2. That the offender removed, concealed or destro"ed an" of them.
3. That the offender had intent to defraud another.
&ote$ *o intent to defraud destro"ing or removal L malicious mischief
M. 5AMAGE OR PRE@U5ICE CAPA:LE OF PECUNIARY ESTIMATION: =815>
@second element of an" form of estafa>
T6E ELEMENTS OF 5AMAGE OR PRE@U5ICE MAY CONSIST OF T6E FF.:
1. The offender part" being deprived of his mone" or propert", as a result of the
defraudation.
2. 7isturbance in propert" right or
3. Temporar" preBudice.
N. ELEMENTS OF S/IN5LING =PAR.1> :Y CON1EYING' SELLING'
ENCUM:ERING' OR MORTGAGING ANY REAL PROPERTY' PRETEN5ING TO :E
T6E O/NER OF T6E SAME: =816>
1. That the thing be immovable, such as a parcel of land or a building.
2. That the offender who is not the owner of said propert" represented that he is the
owner thereof.
3. That the offender should have eecuted an act of ownership @selling, leasing,
encumbering or mortgaging the real propert">.
;. That the act be made to the preBudice of the owner or a third person.
0.T!A! 6*A670L6T' 6* TG0 3&.T+7' +A 7+3&/0*T.
Private individual was entrusted Public officer entrusted
6ntent to defraud *o intent to defraud
O. ELEMENTS OF S/IN5LING =PAR. 3> :Y 5ISPOSING OF REAL PROPERTY AS
FREE FROM ENCUM:RANCE' ALT6OUG6 SUC6 ENCUM:RANCE :E NOT
RECOR5E5: =816>
1. that the thing disposed of be real propert".
2. That the offender <new that the real propert" was encumbered, whether the
encumbrance is recorded or not.
3. That there must be epress representation b" the offender that the real propert" is
free from encumbrance.
;. That the act of disposing of the real propert" be made to the damage of another.
P. ELEMENTS OF S/IN5LING =PAR.8> :Y /RONGFULLY TAAING :Y T6E O/NER
6IS PERSONAL FROM ITS LA/FUL POSSESSOR: =816>
1. That the offender is the owner of personal propert".
2. That said personal propert" is in the lawful possession of another.
3. That the offender wrongfull" ta<es it from its lawful possessor.
;. That preBudice is thereb" caused to the possessor or third person.
9. ELEMENTS OF S/IN5LING =PAR. 6> :Y SELLING' MORTGAGING OR
ENCUM:ERING REAL PROPERTY OR PROPERTIES /IT6 /6IC6 T6E
OFFEN5ER GUARANTEE5 T6E FULFILLMENT OF 6IS O:LIGATION AS SURETY:
=816>
1. That the offender is a suret" in a bond given in a criminal or civil action.
2. That he guaranteed the fulfillment of such obligation with his real propert" or
properties.
3. That he sells, mortgages, or, in an" other manner encumbers said real propert".
;. That such sale, mortage or encumbrance is @a> without epress authorit" from the
court, or @b> made before the cancellation of his bond, or @c> before being relieved
from the obligation contracted b" him.
R. ELEMENTS OF S/IN5LING A MINOR: =817>
1. That the offender ta<es advantage of the ineperience or emotions or feelings of a
minor.
2. That he induces such minor @a> ro assume an obligation, or @b> to give release, or @c>
to eecute a transfer of an" propert" right.
E;
3. That the consideration is @a> some loan of mone" @b> credit or @c> other personal
propert".
;. That the transaction is to the detriment of such minor.
S. ELEMENTS OF OT6ER 5ECEITS: =810>
1. not mentioned above?
2. interpretation of dreams, forecast, future4telling for profit or gain.
1II. C6ATTEL MORTGAGE
A. ELEMENTS OF SELLING OR PLE5GING PERSONAL PROPERTY ALREA5Y
PLE5GE5: =812>
1. That personal propert" is alread" pledged under the terms of the chattel mortgage
law.
2. That the offender, who is the mortgagee of such propert", sells or pledges the same
or an" part thereof.
3. That there is no consent of the mortgagee written on the bac< of the mortgage and
noted on the record thereof in the office of the register of deeds.
:. ELEMENTS OF ANO/INGLY REMO1ING MORTGAGE5 PERSONAL PROPERTY:
=812>
1. that personal propert" is mortgaged under the chattel mortage law.
2. That the offender <nows that such propert" is so mortaged.
3. That he removes such mortgaged personal to an" province or cit" other than the one
in which it was located at the time of the eecution of the mortgage.
;. that the removal is permanent.
H. That there is no written consent of the mortgagee or his eecutors, administration or
assigns to such removal.
1III. ARSON AN5 OT6ER CRIMES IN1OL1ING 5ESTRUCTIONS
@&ote$ P7 1F13 epressl" repealed or amended !rts 32J432F, but P7 1E;; revived !rt
32J>
A. ELEMENTS OF ARSONS OF PROPERTY OF SMALL 1ALUES
1. That an uninhabited hut, storehouse, barn, shed or an" other propert" is burned
2. That the value of the propert" burned does not eceed 2H pesos
3. That the burning was done at a time or under circumstances which clearl" eclude all
danger of the fire spreading
:. ELEMENTS OF CRIME IN1OL1ING 5ESTRUCTION
1. That the offender causes destruction of the propert"
2. That the destruction was done b" means of$
a. eplosion
b. discharge of electric current
c. inundation
d. sin<ing or stranding of a vessel
e. damaging the engine of the vessel
f. ta<ing up rails from the railwa" trac<
g. destro"ing telegraph wires and posts or those of an" other s"stem
h. other similar effective means of destruction
C. ELEMENTS OF :URNING ONE7S PROPERTY AS A MEANS TO COMMIT ARSON
1. That the offender set fire to or destro"ed his own propert"
2. That the purpose of the offender in doing so was to commit arson or to cause a great
destruction
3. That the propert" belonging to another was burned or destro"ed
5. ELEMENTS OF ARSON
1. That the propert" burned is the eclusive propert" of the offender
2. That @a> the purpose of the offender is burning it is to defraud or cause damage to
another or @b> preBudice is actuall" caused, or @c> the thing burned is a building in an
inhabited place
EH
I;. MALICIOUS MISC6IEF
A. ELEMENTS OF MALICIOUS MISC6IEF: =836>
1. That the offender deliberatel" caused damage to the propert" of another.
2. That such act does not constitute arson or other crimes involving destruction.
3. That the act damaging another9s propert" be committed merel" for the sa<e of
damaging it.
&otes:
1. /alicious mischief willful damaging of another9s propert" for the sa<e of
causing damage due to hate, revenge or other evil motive
2. *o negligence
3. 0ample. 5illing the cow as revenge
;. 6f no malice onl" civil liabilit"
H. 7amage is also diminution in value
F. ,ut after damaging the thing, he used it L theft
E. 7amage is not incident of a crime @brea<ing windows in robber">
:. SPECIAL CASES OF MALICIOUS MISC6IEF: =830>
1. +bstruct performance of public functions.
2. &sing poisonous or corrosive substances.
3. .preading infection or contagious among cattle.
;. 7amage to propert" of national museum or librar", archive, registr", waterwor<s,
road, promenade, or an" other thing ised in common b" the public.
&ote$ Nualified malicious mischief no uprising or sedition @V1>
C. ELEMENTS OF OT6ER MISC6IEF: =832>
1. *ot included in 32I
a. scattering human ecrement
b. <illing of cow as an act of revenge
5. ELEMENTS OF 5AMAGE AN5 O:STI1ATION TO MEANS OF COMMUNICATION:
=884>
&otes:
1. done b" damaging railwa"s, telegraph, telephone lines, electric wires, traction
cables, signal s"stem of railwa"s
2. removing rails from trac<s is destruction @art 32;>
3. not applicable when telegraphCphone lines don9t pertain to railwa"s @eample$ for
transmission of electric powerClight>
;. people <illed as a result$
a. murder if derailment is means of intent to <ill
b. none art ;I
H. circumstance -ualif"ing the offense if the damage shall result in an" derailment of
cars, collision or other accident a higher penalt" shall be imposed
E. ELEMENTS OF 5ESTROYING OR 5AMAGING STATUES' PU:LIC MONUMENTS
OR PAINTINGS: =881>
F. ELEMENTS OF E;EMPTION FROM CRIMINAL LIA:ILITY IN CRIMES AGAINST
PROPERTY: =883>
Persons eempt from criminal liabilit"
1. .pouse, ascendants and descendants or relatives b" affinit" in the same line
2. The widowed spouse with respect to the propert" wCc belonged to the deceased
spouse before the same passed into the possession of another
3. ,rothers and sisters and brothers4in4law and sisters4in4law, if living together
+ffenses involved in the eemption
1. Theft
2. .windling
3. /alicious mischief
*otes$
1. 0emption is based on famil" relations
EF
2. Parties to the crime not related to the offended part" still remains criminall" liable
3. Persons eempt include$
a. stepfatherCmother @ascendants b" affinit">
b. adopted children @descendants>
c. concubineCparamour @spouse>
d. common law spouse @propert is part of their earnings>
TITLE ELE1EN
CRIMES AGAINST C6ASTITY
A. ELEMENTS OF A5ULTERY: =888>
1. That the woman is married @even if marriage subse-uentl" declared void>
2. That she has seual intercourse with a man not her husband.
3. That as regards the man with whom she has seual intercourses, he must <now her
to be married.
&otes:
1. mitigated if wife was abandoned without Bustification b" the offended spouse @man is
not entitled to this mitigating circumstance>
2. attempted$ caught disrobing a lover
:. ELEMENTS OF CONCU:INAGE: =884>
1. That the man must be married.
2. That he committed an" of the following acts$
a. 5eeping a mistress in the conBugal dwelling.
b. Gaving seual intercourse under scandalous circumstances with a woman
who is not his wife.
c. 3ohabiting with her in an" other place.
3. That as regards the woman she must <now him to be married.
&ote$ 8.candal: consists in an" reprehensible wordCdeed that offends public conscience,
redounds to the detriment of the feelings of honest persons and gives occasions to the
neighbor9s spiritual damage and ruin
C. ELEMENTS OF ACTS OF LASCI1IOUSNESS: =886>
1. That the offender commits an" act of lasciviousness or lewdness.
2. That it is done under an" of the following circumstances$
a. b" using force or intimidation, or
b. when the offended part" is deprived of reason or otherwise unconscious, or
c. when the offended part" is under 12 "ears of age.
3. That the offended part" is another person of either se.
5. ELEMENTS OF 9UALIFIE5 SE5UCTION OF A 1IRGIN: =887>
Two classes of -ualified seduction$
1. .eduction of a virgin over 12 and under 1I "ears of age b" certain persons, such
as a person in authorit", priest, teachers etc and
2. .eduction of a sister b" her brother or descendant b" her ascendant, regardless of
her age or reputation @incestuous seduction>
Ele-e"ts:
1. That the offended part" is a virgin, which is @presumed if she unmarried and of
good reputation.>
2. That she must be over 12 and under 1I "ears of age.
3. That the offender has seual intercourse with her.
;. That there is abuse of authorit", confidence or relationship on the part of the
offender @ person entrusted with education or custod" of victim? person in public
authorit", priest? servant>
Persons liable$
1. Those who abuse their authorit"$
a. persons in public authorit"
b. guardian
c. teacher
d. person who, in an" capacit", is entrusted with the education or custod" of the
woman seduced
2. Those who abused the confidence reposed in them$
EE
a. priest
b. house servant
c. domestic
3. Those who abused their relationship$
a. brother who seduced his sister
b. ascendant who seduced his descendant
E. ELEMENTS OF SIMPLE SE5UCTION: =880>
1. That the offended part" is over 12 and under 1I "ears of age.
2. That she must be of good reputation, single or widow.
3. That the offender has seual intercourse with her.
;. That it is committed b" means of deceit.
&ote$ common form is unconditional promise to marr"
F. ELEMENTS OF ACTS OF LASCI1IOUSNESS /IT6 T6E CONSENT OF T6E
OFFEN5E5 PARTY: =882>
1. that the offender commits acts of lasciviousness or lewdness.
2. That the acts are committed upon a woman who is virgin or single or widow of good
reputation, under 1I "ears of age but over 12 "ears, or a sister or descendant
regardless of her reputation or age.
3. that the offender accomplishes the acts b" abuse of authorit", confidence,
relationship, or deceit.
G. ELEMENTS OF CORRUPTION OF MINORS: =844>
!ct punishable$ ," promoting or facilitating the prostitution or corruption of persons
underage to satisf" the lust of another
6. ELEMENTS OF /6ITE SLA1E TRA5E: =841>
!cts penali=ed
1. 0ngaging in the business of prostitution
2. Profiting b" prostitution
3. 0nlisting the service of women for the purpose of prostitution
I. ELEMENTS OF FORCI:LE A:5UCTION: =843>
1. That the person abducted is an" woman, regardless of her age, civil status, or
reputation.
2. That the abduction is against her will.
3. That the abduction is with lewd designs.
&ote$ .eual intercourse is *+T necessar"
Crimes a*ainst c$astit% .$ere a*e and reputation o( victim are immaterial: rape, acts of
lasciviousness, -ualified seduction of sisterCdescendant, forcible abduction
@. ELEMENTS OF CONSENTE5 A:5UCTION: =848>
1. That the offended part" must be a virgin.
2. That she must be over 12 and under 1I "ears of age.
3. That the ta<ing awa" of the offended part" must be with her consent, after
solicitation or caBoler" from the offender.
;. That the ta<ing awa" of the offended part" must be with lewd designs.
A. PROSECUTION OF A5ULTERY' CONCU:INAGE' SE5UCTION' A:5UCTION
RAPE AN5 ACTS OF LASCI1IOUSNESS =844>
1. !dulter" and concubinage must be prosecuted upon complaint signed b" the
offended spouse
2. .eduction, abduction, rape or acts of lasciviousness must be prosecuted upon
complaint signed b"$
a. offended part"
b. b" her parents
c. grandparents
d. guardians in the order in which the" are named above
&ote$ /arriage of the offender with the offended part" etinguishes the criminal action or
remit the penalt" alread" imposed upon him. This applies as well to the accomplices,
EI
accessories4after4the4fact. ,ut marriages must be in good faith. This rule does not appl"
in case of multiple rape
L. CI1IL LIA:ILITY OF PERSONS GUILTY OF RAPE' SE5UCTION OR A:5UCTION
=845>
1. To idemnif" the offended women
2. To ac<nowledge the offspring, unless the law should prevent him from doing so
3. 6n ever" case to support the offspring
M. LIA:ILITY OF ASCEN5ANTS' OT6ER PERSONS ENTRUSTE5 /IT6 CUSTO5Y
OF OFFEN5E5 PARTY /6O :Y A:USE OF AUT6ORITY OR CONFI5ENCE S6ALL
COOPERATE AS ACCOMPLIES: =846>
TITLE T/EL1E
CRIMES AGAINST T6E CI1IL STATUS OF PERSONS
A. SIMULATION OF :IRT6S' SU:STITUTION OF ONE C6IL5 FOR ANOT6ER' AN5
CONCEALMENT OR A:AN5ONMENT OF A LEGITIMATE C6IL5: =847>
!cts Punished$
1. .imulation of births
2. .ubstitution of one child for another
3. 3oncealing or abandoning an" legitimate child with the intent to cause such child to
lose its civil status
2e-uisites$
1. The child must be legitimate
2. The offender conceals or abandons such child
3. The offender has the intent to cause the child to lose its civil status
0lements of .imulation of ,irth
1. 3hild is bapti=ed or registered in the 2egistr" of birth as hers
2. 3hild loses its real status and ac-uiires a new one
3. !ctor9s purpose was to cause the loss of an" trace as to the child9s true filiation
:. USURPATION OF CI1IL STATUS: =840>
&otes:
1. 3ommitted b" a person who represents himself as another and assumes the
filiation or rights pertaining to such person
2. There must be criminal intent to enBo" the civil rights of another b" the offender
<nowing he is not entitled thereto
3. 3ommitted b" asuming the filiation, or the parental or conBugal rights of another
;. 3ircumstances -ualif"ing the offense$ penalt" is heavier when the purpose of the
impersonation is to defraud the offended part" or hios heirs
C. ELEMENTS OF :IGAMY: =842>
1. That the offender has been legall" married.
2. That the marriage has not been legall" dissolved or, in case his or her spouse is
absent, the absent spouse could not "et be presumed dead according to the civil
code.
3. That he contracts a second or subse-uent marriage.
;. That the second or subse-uent marriage has all the essential re-uisites for validit".
&otes:
1. The crime does not fall within the categor" of private crimes that can be prosecuted
onl" at the instance of the offended part"
2. ! simulated marriage is not marriage at all and can be used as a defense for
bigam"
3. There must be a summar" proceeding to declare the absent spouse presumptivel"
dead for purposes of remarriage
;. Aailure to eercise due diligence to ascertain the whereabouts of the 1
st
wife is
bigam" through rec<less imprudence
H. ! Budicial declaration of the nullit" of a marriage void ab initio is now re-uired
EK
F. +ne convicted for bigam" ma" be prosecuted for concubinage as both are distinct
offenses
E. +ne who vouches that there is no legal impediment <nowing that one of the parties
is alread" married is an accomplice
5. ELEMENTS OF MARRIAGE CONTRACTE5 AGAINST PRO1ISIONS OF LA/S:
=854>
1. That the offender contracted marriage.
2. That he <new at the time that
a. the re-uirement of the law were not complied with, or
b. The marriage was in disregard of a legal impediment.
&ote$ 3ircumstance -ualif"ing the offense$ if either of the contracting parties obtains the
consent of the other b" means of violence, intimidation or fraud
E. ELEMENTS OF PREMATURE MARRIAGE: =851>
!cts punished$
1. ! widow who within 3J1 da"s from death of husband, got married or before her
deliver", if she was pregnant at the time of his death
2. ! woman whose marriage having been dissolved or annulled, married before her
deliver" or within 3J1 da"s after the legal separation
F. ELEMENTS OF PERFORMANCE OF ILLEGAL MARRIAGE CEREMONY: =853>
!ct punished$ performance of an" illegal marriage ceremon" b" a priest or minister of
an" religious denomination or sect or b" civil authorities
TITLE T6IRTEEN
CRIMES AGAINST 6ONOR
A. ELEMENTS OF LI:EL 5EFAMATION: =858>
1. That there must be an imputation of a crime, or of a vice or defect, real or imaginar",
or an" act, omission, condition, status, or circumstances.
2. That the imputation must be made publicl".
3. That it must be malicious.
;. That the imputation must be directed at a natural or Buridical person, or one who is
dead.
H. That the imputation must tend to cause the dishonor, discredit or contempt of the
person defamed.
&otes:
1. Libel is a public and malicious imputation of a crime, or a vice or defect, real or
imaginar" or an" act, commission, condition, status or circumstances tending to
cause the dishonor, discredit or contempt of a natural or Buridical person, or to
blac<en the memor" of one who is dead
2. 5inds of malice$ @a> malice in law? @b> malice in fact
3. /alice is presumed to eist in inBurious publications
;. Publication is the communication of the defamator" matter to some third personCs
H. Person libeled must be identified. ,ut the publication need not refer b" name to
the libeled part". 6f not named it must be shown that the description of the person
referred to in the defamator" publication was sufficientl" clear so that at least a
3
rd
person would have identified the plaintiff.
F. There are as man" crimes as there are persons defamed.
E. To presume publication there must be a reasonable probabilit" that the alleged a
libelous matter was thereb" eposed to be read or seen b" 3
rd
persons.
3riterion to determine whether statements are defamator"
1> words are calculated to induce the hearers to suppose and understand that the
person against who the" are uttered were guilt" of certain offenses, or are
sufficient to impeach their honest", virtue or reputation, or to hole the person up to
public ridicule@#" v +7Connel>
2 >construed not onl" as to the epression used but also with respect to the whole
scope and apparent obBect of the writer.@P v Encarnacion>
Libel PerBur"
4false accusation need not be made under oath 4false accusation is made under oath
IJ
&e.s.eek v /AC
*ewswee< portra"ed the island province of *egros +ccidental as a place dominated b"
big landowners. Plaintiffs are associations of sugarcane planters. G0L7$ 7ismissed. To
maintain a libel suit, the specific victim must be identifiable. 7efamator" remar<s directed
at a group of persons are not actionable unless the statements are all4embracing or
sufficientl" specific for victim to be identifiable. !n action for libel allegedl" directed
against a group of sugar planters cannot be done b" resort to filing a class suit as each
victim has his specific reputation to protect. 6n this case, each of the plaintiffs has a
separate and distinct reputation in the communit".
:. RE9UIREMENT OF PU:LICITY: =854>
5inds of privileged communication
a. !bsolutel" privileged not actionable even if the actor has acted in bad faith
b. Nualifiedl" privileged those which although containing defamator"
imputations could not be actionable unless made with malice or bad faith
General Rule$ 0ver" defamator" imputation is presumed malicious even if it be true, if no
good intention and Bustifiable motive for ma<ing it is shown
Exception:
a. private communication in performance of legal, moral or social dut"
2e-uisites
1. that the person who made the communication had a legal, moral
or social dut" to ma<e the communication or at least he had an interest to be
upheld
2. that the communication is addressed to an officer or a board, or
superior, having some interest or dut" on the matter
3. that the statements in the communication are made in good faith
without malice in fact
b. fair and true report, made in good faith, without an" comments and remar<s
2e-uisites
1. that the publication of a report of an official proceeding is a fair and
true report of a Budicial, legislative, or other official proceedings which are not
of confidential nature, or of a statement, report, or speech delivered in said
proceedings, or of an" other act performed b" a public officer
2. that it is made in good faith
3. that it is made without an" comments or remar<s
.antos v 3!
G0L7$ *o malice, he simpl" furnished the readers with the info that a complaint has
been filed against the bro<erage firm and reproduced the pleading verbatim with no
embellishments.
C. LI:EL :Y MEANS OF /RITING OR SIMILAR MEANS: =855>
&ote: 0numerates the means b" which libel ma" be committed$ writing, printing,
lithograph", engraving, radio phonograph, painting, theatrical or cinematographic
ehibitions or an" similar means
5. T6REATENING TO PU:LIS6 LI:EL AN5 OFFER TO PRE1ENT SUC6
PU:LICATION FOR A COMPENSATION: =856>
&ote$ 3learl", Bust a case of blac<mail4an" unlawful etortion of mone" b" threats of
accusation and eposure
4possible in light threats !rt 2I3 and in threat to publish !rt 3HF.
E. ELEMENTS OF PRO6I:ITE5 PU:LICATION OF ACTS REFERRE5 TO IN T6E
COURSE OF OFFICIAL PROCEE5INGS: =857>
1. That the offender is a reporter, editor or manager of a newspaper, dail" or maga=ine.
2. That he publishes facts connected with the private life of another.
3. That such facts are offensive to the honor, virtue and reputation of said person.
&ote:
0ven though made in connection with or under the pretet that it is necessar" in the
narration of an" Budicial or administrative proceedings wherein such facts have been
mentioned.
I1
Lacsa v /AC
Lacsa found that /ar-ue= was not a proprietar" member of P3! thus not -ualified to be
president. Ge wrote to the ,+7 and to /ar-ue=. Ge caused to publish the second letter.
G0L7$ Letter is not privileged communication. To be classified as such it must be free
from malice. Granting that the letter was privileged communication, written out of a dut"
of an officer towards the members, such character was lost when it was published.
F. ELEMENTS OF ORAL 5EFAMATION?SLAN5ER: =850>
1. action of a serious and insulting nature @Grave slander>
2. light insult or defamation not serious in nature @simple slander>
Aactors that determine gravit" of the offense$
a> epressions used
b> personal relations of the accused and the offended part"
c> circumstances surrounding the case
&otes:
#ords uttered in the heat of anger constitute light oral defamation @P v 6oronilla>
6f the utterances were made publicl" and were heard b" man" people and the accused
at the same time levelled his finger at the complainant, oral defamation is committed 8P
v "alle9ue>
ELEMENTS OF SLAN5ER :Y 5EE5: =852>
1. That the offender performs an" act not included in an" other crime against honor.
2. That such act is performed in the presence of other person or persons.
3. That such act casts dishonor, discredit or contempt upon the offended part".
&otes:
a. .eriousness depends on the social standing of offended part", the circumstances
surrounding the act, the occasion, etc.
b. The acts of slapping and boing the woman, a teacher, in the presence of man"
people has put her to dishonor, contempt and ridicule. @P v Costa>
c. P v -otita
!ccused held a mirror between the legs of complainant to reflect her private
parts. The crowd laughed. Guilt" of slander b" deed.
6istinctions$
a. &nBust 1eation4irritation or anno"anceCan"thing that anno"s or irritates without
Bustification.
b. .lander b" 7eed4irritation or anno"ance ( attendant publicit" and dishonor or
contempt.
c. !cts of lasciviousness4irritation or anno"ance ( an" of 3 circumstance provided in
!rt33H of 2P3 on rape
i. use of force or intimidation
ii.deprivation of reason or rendering the offended unconscious
offended part" under 12 "rs of age(lewd designs
PERSONS RESPONSI:LE FOR LI:EL =864>
1> #ho are liable
a. person who publishes, ehibits or causes the publication or ehibition of an"
defamation in writing or similar means@par.1>
b. author or editor of a boo< or pamphlet
c. editor or business manager of a dail" newspaper maga=ine or serial
publication@par.2>
d. owner of the printing plant which publishes a libelous article with his consent and
all other persons who in an" wa" participate in or have connection with its
publication @#" v +rti!>
2> 1enue of criminal and civil action for damages in cases of written defamation$
a. where the libelous article is printed and 1
st
published +2
b. where an" of the offended parties actuall" resides at the time of the commission of
the offense
3> #here one of the offended parties is a public officer$
a. if his office is in the 3it" of /anila
4 2T3 of /anila +2
4 cit"Cprovince where the article is printed and 1
st
published
b. +therwise
I2
4 2T3 of the cit"Cprovince where he held office at the time of offense +2
4 where the article is 1
st
published
;> #here one of the offended parties is a private individual$
4 2T3 of provinceCcit" where he actuall" resides at the time of the crime
4 where article was printed or 1
st
published
&ote: +ffended part" must file complaint for defamation imputing a crime which cannot
be prosecuted de oficio @e.g. adulter", concubinage, rape, seduction, abduction, and acts
of lasciviousness>
"oriano v /AC
The Philippines follows the multiple publication rule which means that ever" time the
same written matter is communicated, such communication is considered a distinct and
separate publication of libel.
PROOF OF T6E TRUT6 =861>
!dmissible when$
a. the act or omission imputed constitutes a crime regardless of whether the
offended part" is a private individual or a public officer
b. the offended part" is a government emplo"ee, even if the act or omission
imputed does not constitute a crime provided it is related to the discharge of his
official duties
2e-uisites for !c-uittal$
a. it appears that the matter charged as libelous is T2&0 @for situations 1 and 2
above>
b. it was published with good motives and for a Bustifiable end @for situation 1
onl">
&otes: The proof of the truth of the accusation cannot be made to rest upon mere
hearsa", rumors, or suspicion. 6t must rest upon positive direct evidence, upon which a
definite finding ma" be made b" the court @#" v "otto>
LI:ELOUS REMARAS =863>
Libelous remar<s or comments on privileged matters @under !rt. 3H;> if made with malice
in fact will not eempt the author and editor.
WThis article is a limitation to the defense of privileged communication.
ELEMENTS OF INCRIMINATING INNOCENT PERSON: =868>
1. That the offender performs an act.
2. That b" such act he directl" incriminates or imputes to an innocent person the
commission of a crime.
3. That such act does not constitute perBur".
Two 5inds$
a. ma<ing a statement which is
c i. defamator" or
ii. perBurious @if made under oath and is false>
b. planting evidence
&ote$ article is limited to planting evidence and the li<e
INTRIGUING AGAINST 6ONOR =864>
Gow committed$
4b" an" person who shall ma<e an" intrigue which has for its principal purpose to
blemish the honor or reputation of another person
*otes$
a. 6ntriguing against honor refers to an" scheme or plot designed to blemish the
reputation of another or of such tric<er" or secret plot.
b. 3ommitted b" sa"ing to others an unattributable thing, if said to the person himself
it is slander.
RA4344 T)e A"ti</ireT#i"$ Act
I3
!cts punished$
1> an" person, not authori=ed b" all the parties to an" private communication or spo<en
word
a> taps an" wire of cable +2
b> uses an" other device or arrangement, to secretl" overhear, intercept, or
record such communication or spo<en word b" using a device commonl" <nown
as a dictaphone or dictagraph or wal<ie tal<ie or tape recorder
2> an" person, whether or not a participant in the above4mentioned acts$
a> <nowingl" possesses an" tape record, wire record, disc record, or an" other
such record or copies thereof of an" communication or spo<en word
b> repla"s the same for an" other person
c>communicates the contents thereof, whether complete or partial, to an" other
person
&otes:
a. Peace officer is eempt if acts done under lawful order of the court. 'ou can onl" use
the recording for the case for which it was validl" re-uested.
b. 6nformation obtained in violation of the !ct is inadmissible in evidence in an" hearing
or investigation.
c. Gaanan v /AC
!n etension phone is not one of those prohibited under 2! ;2JJ. There must be either
a ph"sical interruption through the wiretap or the deliberate installation of a device or
arrangement in order to overhear, intercept or record the spo<en words. The etension
phone was not installed for such purpose.
ELEMENTS OF RECALESS IMPRU5ENCE: =865>
1. That the offender does or fails to do an act.
2. That the doing of or the failure to do that act is voluntar".
3. That it be without malice.
;. That material damage results.
H. That there is inecusable lac< of precaution on the part of the offender, ta<ing into
consideration
a. his emplo"ment or occupation
b. degree of intelligence, ph"sical condition, and
c. other circumstances regarding persons, time and place.
ELEMENTS OF SIMPLE IMPRU5ENCE: =865>
1. That there is lac< of precaution on the part of the offender.
2. That the damage impending to be caused in not immediate or the danger is not
clearl" manifest.
&otes:
1> !rt.F; on mitigating and aggravating circumstances not applicable.
2> Aailure to lend on the spot assistance to victim of his negligence$penalt" net
higher in degree.
3> !bandoning usuall" punishable under !rt 2EH, if charged under !rt3FH is onl"
-ualif"ing and if not alleged cannot even be an aggravating circumstance.
;> 3ontributor" negligenceXnot a defense, onl" mitigating
Last clear chance doctrine4
The contributor" negligence of the inBured part" will no t defeat the action if it be shown
that the accused might, b" the eercise of reasonable care and prudence, have avoided
the conse-uences of the negligence of the inBured part"
0mergenc" rule4
!n automobile driver, who, b" the negligence of another, is suddenl" placed in an
emergenc" and compelled to act instantl" to avoid a collision or inBur" is not guilt" of
negligence if he ma<es a choice which a person of ordinar" prudence placed in such a
position might ma<e even though he did not ma<e the wisest choice.
P v Cano
*egligence is a -uasi4offense. #hat is punished is not the effect of the negligence but
the rec<lessness of the accused.
I;
P v Carillo
13 "r old girl dies 3 da"s after surger" due to an overdose of *ubain which triggered a
heart attac< that caused brain damage. G0L7$ Guilt" of simple negligence resulting to
homicide. 3arillo was the anesthesiologist, he and his co4accused failed to monitor and
provide close patient care, to inform the parents of the child9s true condition, to prove
that the" eercised necessar" and appropriate degree of care and diligence to prevent
the condition.
,uearano v CA
3onviction of the accused in the charge of slight and less serious ph"sical inBuries
through rec<less imprudence constitutes double Beopard" to the charge of the crime of
damage to propert" through rec<less imprudence.
IH