Article 38 of the Labor Code, as amended, as follows:

1. ART. 38. Illegal Recruitment.

(a) Any recruitment activities, including the prohibited practices enumerated under
Article 34 of this Code, to be undertaken by non-licensees or non-holders of
authority, shall be deemed illegal and punishable under Article 39 of this Code.
(b) Illegal recruitment when committed by a syndicate or in large scale shall be
considered an offense involving economic sabotage and shall be penalized in accordance
with Article 39 hereof.
Illegal recruitment is deemed committed by a syndicate if carried out by a group of three
(3) or more persons conspiring and/or confederating with one another in carrying out
any unlawful or illegal transaction, enterprise or scheme defined under the first
paragraph hereof. Illegal recruitment is deemed committed in large scale if committed
against three (3) or more persons individually or as a group.
The crime of illegal recruitment is committed when two elements concur, namely:
(1) the offender has no valid license or authority required by law to enable one to
lawfully engage in recruitment and placement of workers; and
(2) he undertakes either any activity within the meaning of "recruitment and
placement" defined under Article 13 (b), or any prohibited practices enumerated
under Article 34 of the Labor Code
2. Under Section 1 of PD No. 1689, the elements of syndicated estafa are:
(a) estafaor other forms of swindling as defined in Artilce 315 and 316 of the Revised
Penal Code is committed;
(b) consists of five or more persons formed with the intention of carrying out the
unlawful or illegal act, transaction, enterprise or scheme; and
(c) defraudation results in the misappropriation of moneys contributed by
stockholders, or members of rural banks, cooperatives, samahang nayon[s], or
farmers associations or of funds solicited by corporations/associations from the
general public
3. "Article 266-A. Rape: When And How Committed. - Rape is
committed:
1) By a man who shall have carnal knowledge of a woman under any of
the following circumstances:
"a) Through force, threat, or intimidation;
"b) When the offended party is deprived of reason or otherwise unconscious;

"c) By means of fraudulent machination or grave abuse of authority; and

"d) When the offended party is under twelve (12) years of age or is demented, even
though none of the circumstances mentioned above be present.
The elements of rape under Article 266-A, paragraph (1)(a) of the Revised
Penal Code, as amended, are:
(1) that the offender had carnal knowledge of a woman; and
(2) that such act was accomplished through force, threat, or intimidation.
2) By any person who, under any of the circumstances mentioned in
paragraph 1 hereof, shall commit an act of sexual assault by inserting
his penis into another person's mouth or anal orifice, or any
instrument or object, into the genital or anal orifice of another
person.
4. Then to raise the crime of simple rape to qualified rape under Article
266-B, paragraph (1) of the Revised Penal Code, as amended, the twin
circumstances of minority of the victim and her relationship to the offender
must concur.
"Whenever the rape is committed with the use of a deadly weapon or by two or more
persons, the penalty shall be reclusion perpetua to death.
"When by reason or on the occasion of the rape, the victim has become insane, the
penalty shall become reclusion perpetua to death.
"When the rape is attempted and a homicide is committed by reason or on the occasion
thereof, the penalty shall be reclusion perpetua to death.
"When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall
be death.
"The death penalty shall also be imposed if the crime of rape is committed with any of
the following aggravating/qualifying circumstances:
"l) When the victim is under eighteen (18) years of age and the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity or affinity within the third
civil degree, or the common-law spouse of the parent of the victim;
"2) When the victim is under the custody of the police or military authorities or any law
enforcement or penal institution;
"3) When the rape is committed in full view of the spouse, parent, any of the children or
other relatives within the third civil degree of consanguinity;

"4) When the victim is a religious engaged in legitimate religious vocation or calling and
is personally known to be such by the offender before or at the time of the commission of
the crime;
"5) When the victim is a child below seven (7) years old;
"6) When the offender knows that he is afflicted with the Human Immuno-Deficiency
Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually
transmissible disease and the virus or disease is transmitted to the victim;
"7) When committed by any member of the Armed Forces of the Philippines or paramilitary units thereof or the Philippine National Police or any law enforcement agency or
penal institution, when the offender took advantage of his position to facilitate the
commission of the crime;
"8) When by reason or on the occasion of the rape, the victim has suffered permanent
physical mutilation or disability;
"9) When the offender knew of the pregnancy of the offended party at the time of the
commission of the crime; and
"10) When the offender knew of the mental disability, emotional disorder and/or
physical handicap of the offended party at the time of the commission of the crime.
5. The elements of sexual harassment are as follows:
1) The employer, employee, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, trainor, or any other person has authority, influence
or moral ascendancy over another;
2) The authority, influence or moral ascendancy exists in a working environment;
3) The employer, employee, manager, supervisor, agent of the employer, teacher,
instructor, professor, coach, or any other person having authority, influence or
moral ascendancy makes a demand, request or requirement of a sexual favor.
4) The acts of the offender would result in an intimidating, hostile or offensive
environment for the offended party.
6. Child pornography" refers to any representation, whether visual,
audio, or written combination thereof, by electronic, mechanical,
digital, optical, magnetic or any other means, of child engaged or
involved in real or simulated explicit sexual activities
Section 5. Syndicated Child Pornography - The crime of child
pornography is deemed committed by a syndicate if carried out by a
group of three (3) or more persons conspiring or confederating with
one another and shall be punished under Section 15(a) of this Act.
(Republic Act No. 9775- AN ACT DEFINING THE CRIME OF CHILD

PORNOGRAPHY, PRESCRIBING PENALTIES THEREFOR AND FOR OTHER

PURPOSES
7. Requisites for criminal liability under BP 22
1. Any person who makes or draws and issues any check to apply for an account or for
value knowing at the time of issue that he does not have sufficient funds in or credit with
the drawee bank for the payment of such check in full upon its presentment, which check
is subsequently dishonored by the drawee bank for insufficiency of funds or credit or
would have been dishonored for the same reason had not the drawer, without any valid
reason, ordered the bank to stop payment.
2. Any person who, having sufficient funds in or credit with the drawee bank when he
makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a
credit to cover the full amount of the check if presented within a period of 90 days from
the date appearing thereon, for which reason it is dishonored by the drawee bank.
Where a check is drawn by a corporation, company or entity, the person(s) who actually
signed the check in behalf of such drawer shall be liable under this Act. (Sec. 1)
BP Blg. 22 enumerates the elements of the crime to be
(1) the making, drawing and issuance of any check to apply for account or for value;
(2) the knowledge of the maker, drawer, or issuer that at the time of issue he does not
have sufficient funds in or credit with the drawee bank for the payment of the check in
full upon its presentment; and
(3) the subsequent dishonor of the check by the drawee bank for insufficiency of funds or
credit or dishonor for the same reason had not the drawer, without any valid cause,
ordered the bank to stop payment.
8. Distinguish BP 22 from Estafa
In the crime of Estafa by postdating or issuing a bad check, deceit and damage are
essential elements of the offense and have to be established with satisfactory proof to
warrant conviction.
For Violation of the Bouncing Checks Law, on the other hand, the elements of deceit and
damage are not essential nor required. An essential element of that offense is knowledge
on the part of the maker or drawer of the check of the insufficiency of his funds.
The Anti-Bouncing Checks Law makes the mere act of issuing a worthless check a
special offense punishable thereunder Malice and intent in issuing the worthless check
are immaterial, the offense being malum prohibitum The gravamen of the offense is the
issuance of a check, not the non-payment of an obligation .
The essential element of the law is knowledge on the part of the maker or
drawer of the check of the insufficiency of his funds.
9. BP 22 a continuing crime?

Violations of Batas Pambansa Bilang 22 are categorized as transitory or continuing

crimes. In such crimes, some acts material and essential to the crimes and requisite to
their consummation occur in one municipality or territory and some in another, in which
event, the court of either has jurisdiction to try the cases, it being understood that the
first court taking cognizance of the case excludes the other.Hence, a person charged with
a transitory crime may be validly tried in any municipality or territory where the offense
was in part committed
10. Elements of the crime of Arson
The elements of arson under Sec. 3, par. 2, of PD 1613 are:
(a) there is intentional burning; and
(b) what is intentionally burned is an inhabited house or dwelling
Article 320 of The Revised Penal Code, as amended by RA 7659, contemplates the
malicious burning of structures, both public and private, hotels, buildings, edifices,
trains, vessels, aircraft, factories and other military, government or commercial
establishments by any person or group of persons. The classification of this type of
crime is known as Destructive Arson, which is punishable by reclusion perpetua to death.
11. Persons Liable in Hazing:
As principals:
1. Officers or members who actually participated
2. Parents who has actual knowledge of the hazing conducted in the home of one of the
members but failed to prevent the same.
3. Officers, Former Officers or Alumni who planned the hazing although not present
during the same
4. Adviser who was present but failed to prevent the same
5. Any person present in the hazing, unless he tried to prevent the punishable acts
As accomplice:
1. Owner of the place who has actual knowledge of the hazing and who failed to prevent
the same
2. School authorities including
faculty members who consent to the hazing or who have actual knowledge but failed to
prevent the same
12. Elements of parricide
1. What constitutes the crime of parricide?
The following are the elements of parricide:
a. That the person is killed.
b. That the deceased is killed by the accused.

c. That the deceased is the father, mother or child, whether legitimate or illegitimate, or a
legitimate either ascendant or other descendant, or the legitimate spouse, of the accused.
Relationship of the offender with the victim is the essential element of this crime.
13. Rules for the application of circumstances that qualify the killing to
murder
14. Article 256. Intentional Abortion
Acts punished
1.

Using any violence upon the person of the pregnant woman;

2.
Acting, but without using violence, without the consent of the woman.
(By administering drugs or beverages upon such pregnant woman without her
consent.)
3.
Acting (by administering drugs or beverages), with the consent of the
pregnant woman.
Elements
1.

There is a pregnant woman;

2.
Violence is exerted, or drugs or beverages administered, or that the
accused otherwise acts upon such pregnant woman;
3.
As a result of the use of violence or drugs or beverages upon her, or any
other act of the accused, the fetus dies, either in the womb or after having been
expelled therefrom;
4.

The abortion is intended.

257. Unintentional Abortion.

1.

There is a pregnant woman;

2.
Violence is used upon such pregnant woman without intending an
abortion;
3.

The violence is intentionally exerted;

4.
As a result of the violence, the fetus dies, either in the womb or after
having been expelled therefrom
Article 258. Abortion Practiced by the Woman Herself or by Her
Parents
Elements

1.

There is a pregnant woman who has suffered an abortion;

2.

The abortion is intended;

3.

Abortion is caused by

a.

The pregnant woman herself;

b.

Any other person, with her consent; or

c.
Any of her parents, with her consent for the purpose of concealing her
dishonor.
Article 259. Abortion Practiced by A Physician or Midwife and
Dispensing of Abortives
Elements
1.

There is a pregnant woman who has suffered an abortion;

2.

The abortion is intended;

3.
Offender, who must be a physician or midwife, caused or assisted in
causing the abortion;
4.
Said physician or midwife took advantage of his or her scientific
knowledge or skill.
15. Distinction between homicide and physical injuries:
In attempted or frustrated homicide, there is intent to kill.
In physical injuries, there is none. However, if as a result of the physical injuries
inflicted, the victim died, the crime will be homicide because the law punishes the
result, and not the intent of the act.
The following are holdings of the Supreme Court with respect to the crime of
homicide:
(1) Physical injuries are included as one of the essential elements of frustrated
homicide.
(2) If the deceased received two wounds from two persons acting independently of
each other and the wound inflicted by either could have caused death, both of them
are liable for the death of the victim and each of them is guilty of homicide.

(3) If the injuries were mortal but were only due to negligence, the crime committed
will be serious physical injuries through reckless imprudence as the element of intent
to kill in frustrated homicide is incompatible with negligence or imprudence.
(4) Where the intent to kill is not manifest, the crime committed has been generally
considered as physical injuries and not attempted or frustrated murder or homicide.
(5) When several assailants not acting in conspiracy inflicted wounds on a
15. Distinction between Robbery and theft
To show that robbery was committed, the government needs to prove the following
elements:
(1) the taking of personal property be committed with violence or intimidation against
persons;
(2) the property taken belongs to another; and
(3) the taking be done with animo lucrandi.
On the other hand, the elements constituting the crime of theft are:
(1) that there be taking of personal property;
(2) that said property belongs to another;
(3) that the taking be done with intent to gain;
(4) that the taking be done without the consent of the owner; and
(5) that the taking be accomplished without the use of violence against or intimidation
of persons or force upon things.
Thus, the distinguishing element between the crimes of robbery and theft is
the use of violence or intimidation as a means of taking the property
belonging to another; the element is present in the crime of robbery and
absent in the crime of theft.
16. "Fencing" is the act of any person who, with intent to gain for himself
or for another, shall buy, receive, possess, keep, acquire, conceal, sell
or dispose of, or shall buy and sell, or in any other manner deal in any
article, item, object or anything of value which he knows, or should be
known to him, to have been derived from the proceeds of the crime of
robbery or theft.
"Fence" includes any person, firm, association corporation or
partnership or other organization who/which commits the act of fencing.
What are the elements of Fencing:
1. A crime of robbery or theft has been committed;
2. Accused, who is not principal or accomplice in the crime, buys, receives, keeps,
acquires, conceals, or disposes, or buys and sells, or in any manner deals in any
article, item, object or anything of value, which has been derived from the
proceeds of the crime;

3. The accused knows or should have known that said article, item, object or
anything of value has been derived from the proceeds of the crime of robbery or
theft; and
4. There is on the part of the accused, intent to gain for himself or for another.
17. Ways of commiting estafa
Elements in general
1.

Accused defrauded another by abuse of confidence or by means of deceit; and

This covers the three different ways of committing estafa under Article 315;
thus, estafa is committed
a.

With unfaithfulness or abuse of confidence;

b.

By means of false pretenses or fraudulents acts; or

c.

Through fraudulent means.

(The first form under subdivision 1 is known as estafa with abuse of confidence; and the
second and third forms under subdivisions 2 and 3 cover cover estafa by means of
deceit.)
2.
Damage or prejudice capable of pecuniary estimation is caused to the offended
party or third person.
21. Article 353. Definition of Libel
A libel is a public and malicious imputation of a crime, or of a vice or defect, real or
imaginary, or any act, omission, condition, status, or circumstances tending to cause the
dishonor, discredit, or contempt of a natural or juridical person, or to blacken the
memory of one who is dead.
Elements:
1.
There must be an imputation of a crime, or of a vice or defect, real or imaginary,
or any act, omission, condition, status, or circumstance;
2.

The imputation must be made publicly;

3.

It must be malicious;

4.
The imputation must be directed at a natural or juridical person, or one who is
dead;
5.
The imputation must tend to cause the dishonor, discredit or contempt of the
person defamed.