Crim 2 Notes

CRIMES under the RPC and Special Laws
Elements. Punishable acts. simplified

(Best read with SBC Law Memory Aid)
BOOK TWO REVISED PENAL CODE OF THE PHILIPPINES

+ atty. Salva Lecture Notes
Crime ONE
Elements/ acts punished
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Title One
Crimes Against National Security and Laws of the Nations National Security
Section One: Treason and Espionage
114: Treason
Offender: Filipino Citizen or Resident alien
Alien residing here

No formal declaration of war
Treason
Treason
There is a war which the Philippines is involved.
Mere internal conflict/ causing

disturbance in the country
Sedition
Not in
furtherance:
separate
Offender either:
1) levies war against the govt
2) adheres to the enemies by giving them aid AND
comfort
Committed during time of war

Two or more persons
Come to an agreement to levy war against the govt
or to adhere to the enemies and to give them air or
comfort and decide to commit it.
I- treachery, abuse
of superior strength
evident
premeditation;
conspiracy/
proposal to commit
treason
A- ignominy, cruelty,
amount of degree of
aid, gravity of
separate distinct acts
or reason
Committed where:
1) FC: anywhere
2) RA: in the Phil only
115: Conspiracy to
Commit Treason
Absorbs crimes
committed in
furtherance
thereof
One only
Yung totoo! :D

Crime ONE
116: Proposal to
Commit Treason
117: Misprision
Treason
Modified
ELEMENTS
Crime
TWO
Committed during time of war

A person has decided to levy war against the govt or
adhere to the enemies by giving them aid or comfort
Proposes its execution to other person/s
Other person does not accept
Offender: citizen of the Philippines; AND NOT A
FOREIGNER
That he has knowledge of any conspiracy against the Treason already committed
govt
That the conspiracy is one to commit treason
That he conceals or does not disclose and make known
the same asap to the proper authority
Still Art 116

Treason
Section Two: Provoking War and Disloyalty

118: Espionage
Two ways of committing: during time of peace/ war
FIRST:
Offender ( citizen or foreigner) enters a warship; fort; Foreigner
a military; or naval establishment or reservation
That he has no authority
Purpose: to obtain information, plans, photo, other
Not obtained
data of a confidential nature relative to the defense
of the Philippines
SECOND
Offender is a public officer
That he has in his possession the articles, data, or
information obtain information confidential nature
relative to the defense of the Philippines BY REASON
of his public office
Espionage
Espionage
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating

Crime ONE
That he discloses their contents to a representative of
a foreign nation
Commonwealth Act
616
Modified
ELEMENTS
Crime
TWO
Beauty contestant of a Foreign Espionage

country
Commonwealth Act No. 616 An Act to Punish Espionage and Other Offenses against National Security
Acts punished
1.
Unlawfully obtaining or permitting to be obtained information affecting national defense;
2.
Unlawful disclosing of information affecting national defense;
3.
Disloyal acts or words in times of peace;
4.
Disloyal acts or words in times of war;
5.
Conspiracy to violate preceding sections; and
6.
Harboring or concealing violators of law.
Laws of the Nations
118: inciting to war

or giving motives for
reprisals
119: Violation of
Neutrality
Offender performs unlawful or unauthorized acts

That such acts
a) provoke or give occasion for a war involving or
liable to involve the Philippines
b) expose Filipino citizens to reprisals on their persons
and property
During time of peace
There is a war in which the Ph is not involved
There is a regulation issued by a competent authority
(President or AFP chief of staff) for the purpose of
enforcing neutrality
Offender violates such regulation
No regulation
No Crime
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating

Crime ONE
120: Correspondence
with hostile country
That there is a war in which the Philippines is involved

Offender makes correspondence:
a) enemy country
b) territory occupied by the enemy troops
Correspondence is EITHER:
a) prohibited by the govt
b) carries in ciphers or conventional signs
c) contains notice or information which might be useful
to the enemy
Modified
ELEMENTS
Crime
TWO
Innocent matters and there is

prohibition
Still 120
No prohibition but carries in

ciphers/ conventional signs
Still 120
Offender intended to give aid Treason

to enemy by giving
information
121: Flight to Enemys
country
There is a war which Ph is involved

Offender owes allegiance to the govt
Offender attempts to flee or go to enemy country
Going to enemy country is prohibited by competent
authority
Resident alien
Still 121
No prohibition
No crime
Section Three: Piracy and Mutiny on the high seas in the Philippines
122: Piracy in the
high seas OR ph
waters
The vessel is on the high seas/ ph waters

Offenders are NOT members of its complement or
passengers
Offender:
Ph waters only
Any person
PD 532
PD 532
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
1. by attacking or seizing a vessel on the high seas or

Ph waters
2. by seizing in the vessel while on the high seas or in
Ph waters the whole or part of its cargo, equipment,
personal belongings of its complement or passengers
Mutiny in the high
seas OR ph waters
PD 532
Aiding or abetting of
piracy
123: qualified piracy
Qualified mutiny
RA 6235
Vessel is on the high seas/ Ph waters

Offenders: crew or passengers
Unlawful resistance to a superior of the raising of
commotions and disturbances on board a ship against
the authority of the commander
Anti- piracy and anti- highway robbery law
PD 532 covers 2 distinct crimes: piracy and brigandage. It didn't repeal Art. 122 of the Revised Penal Code, which covers piracy, but gave a separate
treatment on piracy committed in Philippine waters. Art. 122 was amended by RA 7659.
1. knowingly aids or protects pirates
2. acquires or receives property taken by such pirates, or in any manner derives benefit therefrom.
3. directly or indirectly abets the commission of piracy
1. offenders have seized the vessel by boarding or
Regardless of
firing the same
number of
2. abandoned their victims without means of saving
victims: it is one
themselves
SPECIAL
3. murder/ homicide/ physical injuries/ rape
COMPLEX
CRIME
2. abandoned their victims without means of saving
themselves
3. murder/ homicide/ physical injuries/ rape
Anti-hijacking law
Anti hi-jacking is another kind of piracy which is committed in an aircraft. In other countries, this crime is known as aircraft piracy.

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Four situations governed by anti hi-jacking law:

(1) usurping or seizing control of an aircraft of Philippine registry while it is in flight, compelling the pilots thereof to change the course or destination of the
aircraft;
(2) usurping or seizing control of an aircraft of foreign registry while within Philippine territory, compelling the pilots thereof to land in any part of
Philippine territory;
(3) carrying or loading on board an aircraft operating as a public utility passenger aircraft in the Philippines, any flammable, corrosive, explosive, or
poisonous substance; and
(4) loading, shipping, or transporting on board a cargo aircraft operating as a public utility in the Philippines, any flammable, corrosive, explosive, or
poisonous substance if this was done not in accordance with the rules and regulations set and promulgated by the Air Transportation Office on this matter.
Title Two
Crimes Against the Fundamental Law of the State
Chapter One
Arbitrary Detention or Expulsion, Violation of dwelling, prohibition, interruption,
and dissolution of peaceful meeting and crimes against Religious Worship
Section One: Arbitrary Detention and Expulsion
124: Abritrary
Detention
Offender is a public officer or employee

Has authority to arrest and detain
He detains a person ( Physical or Psychological
retraint)
Detention is without legal grounds
Not public officer vested with

authority or not in duty
Feigned to arrest a person
without any legal cause to
deliver him to authories
Illegal detention
Legal grounds:
Commission of crime/ violent
insanity/ hospital confinement
No crime
Unlawful arrest
Unlawful arrest

Crime ONE
125: delay in the
delivery of detained
person to the proper
judicial authorities
126: delaying
release
127: expulsion

He has detained a person for some legal ground
He fails to deliver such person to the proper judicial
authorities within:
a) 12 hours- light penalties
b) 18 hours- correctional penalties
c) 36 hours- afflictive penalties
That there is a
a) judicial or executive order for the release of a
prisoner or detention prisoner or
b) that there is a proceeding upon a petition for the
liberation of such person.
Offender without good reason delays either:
a) service of the notice or such order or release to the
prisoner
b) performance of such judicial or executive order for
the release of prisoner
c) proceedings upon petition for the release of such
person.
He expels any person from the ph or compels a
person to change his residence
Modified
ELEMENTS
Crime
TWO
Made by a private individual

Has a warrant of arrest
Illegal from the beginning
Illegal detention
No crime
Arbitrary detention
Expropriation or penalty is
destierro
No crime
Alien expelled by the

president
No crime
Court by final judgment order

change of address
No crime
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating

Crime ONE
Modified
ELEMENTS
Crime
TWO
Offender is not authorized to do so by law

Section Two: Violation of Domicile
128: violation of
domicile

He is not authorized by judicial order to enter the
dwelling and or to make the search for the papers
and other effects.
That he:
a) entered any dwelling against the will of the owner
( no consent + objection).
b) searched paper or other effects found therein
without consent of such owner (lack of consent)
c) refuses to leave the premises after having
surreptitiously entered said dwelling and after having
been required to leave
129: search warrant

maliciously obtained

He procures search warrant
Private individual or public

Trespass to dwelling
officer who has no authority to
effect search and seizure
Has warrant but maliciously
129
obtained
not lawful occupant
No crime
paper/ effects not found in

the dwelling
Entered into a door not for
entry
No crime
Qualifying:
1) night time
2) if any or effects not
constituting evidence of a
crime are not returned
immediately after a search is
made by the offender
Qualified Violation of
Domicile
Through falsification of
affidavit
129 AND perjury
Still 128
Violation of domicile
No warrant
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating

Crime ONE
Modified
ELEMENTS
Crime
TWO
No just cause
Abuse in the service
of those legally
obtained
130: searching
domicile without
witnesses
Offender is a public officer of employee

He has legally procured a search warrant
He exceeds his authority or uses unnecessary severity
in executing the same
Public officer or employee
Armed with a search warrant legally procured
He searches domicile papers, or other belongings of
any person
Owner or any member of his family or 2 witnesses
residing in the same locality are not present
Not in the dwelling
No crime
Section Three: Prohibition Interruption, and Dissolution of Peaceful Meetings

131: prohibition,
interruption, and
dissolution of
peaceful meetings
He
a) prohibits, interrupts, or dissolves without legal
ground the holding of peaceful meeting.
b) hinders any person from joining any lawful
association or from attending any of its meetings
c) prohibits, hinders any person from addressing,
either along or together with other, any petition to the
Stranger
Still 131
Participant
Unjust vexation
Private individual
Art 153: tumults
Interrupts or dissolves a
meeting of the municipal
council by a public officer
Art 143-144: crimes

against legislatives
bodies and similiar
bodies
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
authorities for the correction of abuses or redress of

grievances
Section Four: Crimes Against Religious Worship
132: interruption of
religious worship
He is a public officer or employee

That religious ceremonies or manifestations of any
religion are about to take place or are going on
The offender prevents of disturbs the same
133: offending
religious feelings
Any person
Acts complained were performed:
a) in a place devoted to religious worship
b) during celebration of any religious ceremeny
Acts must be notoriously offensive to the feelings of
the faithful
If prohibition or disturbance is
committed in a meeting or
rally of a sect
Qualified: by violence or
threats
Art 131
Not
Unjust vexation
Qualified Art 132
Title Three
Crimes Against Public Order
Title Three
Crimes Against Public Order
Chapter One
Rebellion, Coup detat, Sedition, and Disloyalty
134: rebellion/
insurrection
There is public uprising AND taking of arms against

the govt. actual clash not necessary
Levies war vs govt or gives

aid to enemies
Treason
Absorbs crimes
committed in
furtherance
Circumstances
I- inherent
A- aggravating

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
thereof
For the purpose:

a) removing the allegiance to said govt or its law
- the ph territory or any part thereof
- any body of land, naval or other armed forces
134-a: coup detat
b) depriving the president or congress, wholly or

partially or any of their powers or prerogatives
During time of peace of war
That the offender is a person or persons belonging to
the military or police holding any public office or
employment.
Mere silence of knowledge of

Rebellion
No evidence of purpose
No crime
Minor purpose
violation of allegiance
insurrection
treason
If judiciary
Sedition
With or without civilian

participation
coup detat
Sedition or kidnapping
Not in
furtherance:
separate
One person
coup detat
Committed by means of swift attach, accompanied by Public uprising and taking of
Rebellion
violence, intimidation, threat, strategy, or stealth
arms vs govt
Attack is directed against duly constituted authorities
of the RP, or any military camp or installation , or
communication networks, public utilities or other
facilities needed for the exercise and continued
possession of power
Purpose of attack: seize or diminish state power
Overthrow the govt
Rebellion
(president, legislative, judicial power, and police
power)
Human Security Act of Sec. 3 Terrorism Any person who commits an act punishable under any of the following provisions of the Revised Penal Code:
2007
a. Article 122 (Piracy in General and Mutiny in the High Seas or in Philippine Waters);
b. Article 134 (Rebellion or Insurrection);
c. Article 134-A (Coup d Etat), including acts committed by private persons;
d. Article 248 (Murder);
Circumstances
I- inherent
A- aggravating

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
e. Article 267 (Kidnapping and Serious Illegal Detention);

f. Article 324 (Crimes Involving Destruction);
or under Special Laws:
(1) Presidential Decree No. 1613 (The Law on Arson);
(2) Republic Act No. 6969 (Toxic Substances and Hazardous and Nuclear Waste Control Act of 1990);
(3) Republic Act No. 5207 (Atomic Energy Regulatory and Liability Act of 1968);
(4) Republic Act No. 6235 (Anti-Hijacking Law);
(5) Presidential Decree No. 532 (Anti-Piracy and Anti-Highway Robbery Law of 1974) and,
(6) Presidential Decree No. 1866, as amended (Decree Codifying the Laws on Illegal and Unlawful Possession, Manufacture, Dealing in, Acquisition or
Disposition of Firearms, Ammunitions or Explosives)
135: penalty for

rebellion/
insurrection/ coup
detat
136: conspiracy and

proposal to commit
rebellion, insurrection
or coup deata
137: disloyalty of
public officers or
employees
thereby sowing and creating a condition of widespread and extraordinary fear and panic among the populace, in order to coerce the government to give
in to an unlawful demand, shall be guilty of the crime of terrorism and shall suffer the penalty of forty (40) years of imprisonment, without the benefit of
parole as provided for under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.
Persons liable for rebellion, insurrection or coup d' etat under Article 135
1.The leaders
a.Any person who promotes, maintains or heads a rebellion or insurrection; or
b.Any person who leads, directs or commands others to undertake a coup d' etat;
2.The participants eg, assistant
a.Any person who participates or executes the commands of others in rebellion, insurrection or coup d' etat;
b.Any person not in the government service who participates, supports, finances, abets or aids in undertaking a coup d' etat.
There is conspiracy to commit rebellion when two or more persons come to an agreement to rise publicly and take arms against government for any of the
purposes of rebellion and decide to commit it.
There is proposal to commit rebellion when the person who has decided to rise publicly and take arms against the government for any of the purposes of
rebellion proposes its execution to some other person or persons.
Public officer or employee
There is rebellion committed by other persons
Conspires with rebels
rebellion

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
1. failing to resist rebellion by all means in their

power
2. continuing to discharge the duties of their office
under the control of rebels
3. accepting appointment to office under the rebels
138: inciting to
rebellion /
insurrection
139: sedition
Offender does not take up arms or is not in open

hostility against govt
He incites others to the execution of any acts of the
rebellion
That the inciting is done by means of (spwebo)speeches, proclamations, writings, emblems, banners,
or other representations tending to the same end.
Offenders rise publicly and tumultuously
They employ (fio)force, intimidation,or other means
outside of legal methods
The following objects:
a) to prevent the promulgation or execution of any
law or the holding of any popular election
b) to prevent the govt or any public officer from
freely exercising its or his functions, or prevent the
execution of any administrative order
c) to inflict any act of hate or revenge upon the
person or property of any public officer or employee
d) to commit, for any political or social end, any act
of hate or revenge against private persons or any
social class
e) to despoil, for any political or social end, any
Person has decided and

proposes to another.
Proposal to commit
rebellion
Done publicly
Done secretly
Violation of allegiance
Taking of arms vs govt
Inciting 138
Proposal to commit
rebellion
Treason
rebellion
Object incompletely attained
sedition
Use of
unlicensed
firearms (RA
8294) is
absorbed.
Common crimes
are not
absorbed.
Circumstances
I- inherent
A- aggravating

Crime ONE
140: penalty for

sedition
141: conspiracy to
commit sedition
142: inciting to
sedition
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
person or the govt of all its property or any part

thereof.
Persons liable for sedition under Article 140
1.
The leader of the sedition; and
2.
Other person participating in the sedition.
1. two or more person come to an agreement
Not mere agreement but

actually done
sedition
2. to rise publicly and tumultuously and to either of

the objectives of sedition
4 acts punished:
1. inciting others to commit sedition by means of spwebo
- offender does not take part in the crime of sedition
-he incites others to the accomplishment of any of the acts which constitute sedition
- by means of spwebo
2. uttering seditious words or speeches which tend to disturb public peace
3. writing, publishing, or circulating scurrilous libels against the govt or any of its duly constituted authorities
2 and 3 punishable when:
-tend to disturb or obstruct any lawful officer in executing the functions of his office
-tend to instigate others to cabal and meet together for unlawful purposes
- they suggest or incite rebellious conspiracies or riots
- they lead or tend to stir up the people against the lawful authorities or disturb the peace of the community, and the safety and order of the govt
4. knowingly concealing evil practices
Chapter Two
Crimes Against Popular Representation
Section One: Crimes against Legislative Bodies and Similar Bodies

Crime ONE
143: acts tending to
prevent the meeting
of the assembly and
similar bodies
144: disturbance of
proceedings
Modified
ELEMENTS
There be a projected or actual meeting of the

Peaceful meeting
congress or any of its committees or subcommittees,
constitutional commissions or committees or divisions
thereof, of of any provincial board or city or
municipal council or board.
Offender, who may be any person, prevents such
meeting by force of fraud
That there be a meeting of congress or any of its
committees or subcommittees, constitutional
commissions or committees or divisions thereof, or any
provincial board or city or municipal council or board
The offender does the ff acts:
Not participant
1) he disturbs any of such meetings
2) he behaves while in the presence of any such
participant
bodies in such a manner as to interrupt its proceedings
or to impair the repect due to it.
Crime
TWO
Art 131
2 acts punished:
First: any person
a) offender uses force, intimidation, threats, or fraud
b) that the purpose of the offender is to prevent any
meme of the congress from:
- attending the meetings of the congress or any of its
committees or constitutional commissions,
-expressing his opinions,
-casting his vote
Second:
Complexed
with
Force- physicial
injuries
Fraudfalsification
144 can be
made the basis
of contempt
144
Not 144, unjust vexation
(?)
Section Two: Violation of Parliamentary Immunity

145: violation of
parliamentary
immunity
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating

Crime ONE
a) that the offender is a public officer or employee
b) that he arrests or searches any member of the
congress
c) that the congress, at the time of the arrest or
search, is in regular or special session
d) that the member arrested or searched has not
committed a crime punishable under the RPC a
penalty higher that prision mayor
Modified
ELEMENTS
Reclusion Temporal to Death

Prision mayor
Fine to Prision correctional
Crime
TWO
Not exempt
Not exempt
Exempt
Chapter Three
Illegal Assemblies and Associations
146: Illegal
Assemblies
147: Illegal
Associations
2 kinds of illegal assemblies:

First:
a) there is a meetings, gathering or group or person,
whether in a fixed place or moving
b) meeting is attended by ARMED person
c) purpose is to commit any crime under the RPC
Second:
a) there is a meetings, gathering or group or person,
whether in a fixed place or moving
b) that the audience, ARMED OR NOT, is incited to the
commission of the crime of treason, rebellion, or
insurrection, sedition or direct assault.
Prohibited associations, totally or partially organized
for:
1) committing any of the crimes punishable under the
RPC
2) some purpose contrary to morals
Not incited
Incited:
Organizers / leaders/
persons merely present
Speaker who incited
No crime
Illegal assembly
Inciting to rebellion/
sedition
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Chapter Four
Assault Upon and Resistance and Disobedience to Persons in Authority and Their Agents
152: persons in
authority and agents
in persons in authority
A person in authority (PIA) is one directly vested with jurisdiction, that is, the power and authority to govern and execute the laws.
An agent of a person in authority (APA) is one charged with
(1) the maintenance of public order and
(2) the protection and security of life and property.
-person who comes to the aid of PIA is considered an agent of person in authority
Public Officer: any person who takes part in the performance of public functions in the govt
148: direct assault

Two ways of committing
Offender is also a PIA or APA

in the performance of official
duties
PIA or APA is suspended

WITHOUT PUBLIC UPRISING
a) that the offender employs force or intimidation
If there is public uprising
b) aim of the offender is to attain any of the purposes
of the crime of rebellion or any of the objects of the
crime of sedition
c) no public uprising
offended: PIA or APA or private individual
WITH PUBLIC UPRISING
a) offender
- makes an attach
-employ force
Coercion or Physical
injuries
Coercion or PI
Rebellion/sedition
PIA or APA is
killed: complex
crime of DA
with homicide
or murder
Injured:
complex crime
of DA with
serious or less
serious Physical
Circumstances
I- inherent
A- aggravating

Crime ONE
Modified
ELEMENTS

PIA: serious OR not serious
APA: serious
-Makes a serious intimidation
-makes a serious resistance (active)
b) that the person assaulted is a PIS or APA
c) that at the time of assault:
- PIA or APA is engaged in the ACTUAL performance
of his official duties
- that PIA or APA is assaulted by reason of the PAST
performance of his official duties
d) that the offender knows that the one he is
assaulting is a PIA or APA in the exercise of his duties
e) there is no public uprising
Crime
TWO
injuries
Not serious
151: resistance and

disobedience
1) committed with a weapon

2) offender is a public officer
or employee
3) offender lays hands upon
PIA
Qualified DA:
No DA
Physical injuries
Private individual or PIA or

APA not in the performance of
duty
Still 149
149: indirect assault

That APA is the victim of any of the forms of DA in Art
148
A person comes to the aid of APA
Note: person coming to the aid of PIA is an APA
149 and 152
With
OTHER
Crimes
Offender makes use of force or intimidation upon such

person coming to the aid of APA
Victim
Crime committed UPON
Person coming to his aid
VICTIM
PIA
PIA
regardless
qualifier
Crime committed UPON AID
Regardless
148. DA 2nd kind
Slight physical
injuries:
PIA: separate
offense
APA: absorbed
Circumstances
I- inherent
A- aggravating

Crime ONE
DA
APA
Regardless
DA
APA
150: disobedience to
summons issues by the
national assembly, its
committees or
subcommittees, by the
constitutional
commission, its
committees,
subcommittee or
Crime
TWO
With
OTHER
Crimes
Art 151. Resistance/disobedience
Private individual ( becomes

APA)
Serious
148. DA 2nd kind
PIA
Not serious
PIA
APA
Regardless
Serious
Not serious
regardless
Serious
Not serious
regardless
148. DA 2nd kind

148. DA 2nd kind
149.IA
148. DA 2nd kind
Physical injuries or coercion
Private Indvl ( does not

become APA)
Circumstances
I- inherent
A- aggravating
Serious
Not serious
Private indivl
Resistance/ disobedience APA
Regardless
Modified
ELEMENTS
Note:
Person comes to the aid of PIA- becomes APA
Person comes to the aid of APA- does not become APA
Acts Punished:
1. By refusing, without legal excuse, to obey summons of Congress, its special or standing committees and subcommittees, the Constitutional Commissions and
its committees, subcommittees or divisions, or by any commission or committee chairman or member authorized to summon witnesses;
2. By refusing to be sworn or placed under affirmation while being before such legislative or constitutional body or official;
3. By refusing to answer any legal inquiry or to produce any books, papers, documents, or records in his possession, when required by them to do so in the
exercise of their functions;

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
divisions
4. By restraining another from attending as a witness in such legislative or constitutional body;
5. By inducing disobedience to a summons or refusal to be sworn by any such body or official.
151: resistance and
disobedience to a
person in authority or
agent of such person
That a PIA or APA is engaged in the performance of

official duty or gives a lawful order to the offender
(direct order)
Offender resists or seriously disobeys such PIA or APA
Not seriously disobedience

Serious resistance
Simple disobedience
DA
Act of offender does not fall in 148-150

Offender knows PIA or APA is a public officer.
Chapter Five
Public Disorders
153: tumults and
other disturbances of
public order
Acts punished:
1.
Causing any serious disturbance in a public
place, office or establishment;
2.
Interrupting or disturbing performances,
functions or gatherings, or peaceful meetings, if the
act is not included in Articles 131 and 132;
3.
Making any outcry tending to incite rebellion
or sedition in any meeting, association or public place;
4.
Displaying placards or emblems which
provoke a disturbance of public order in such place;
5.
Burying with pomp the body of a person who
has been legally executed.
If done with the idea

afterthought of inducing his
hearers or readers to commit
the crime of rebellion or
sedition.
Inciting to sedition or
rebellion
Committed by a stranger or
public officer who is a
participant
Still 153
Qualified Art 153
Public officer
Art 131-2
disturbance or interruption of
a tumultuous character.
Can be
complxed with
DA if the
tumults and
disturbances of
public order
are directed
against PIA or
APA.
Circumstances
I- inherent
A- aggravating

Crime ONE
154: unlawful use of
means of publication
and unlawful
utterances
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Acts punished
1.
Publishing or causing to be published, by
means of printing, lithography or any other means of
publication, as news any false news which may
endanger the public order; or cause damage to the
interest or credit of the State;
Note: actual public disorder or

actual damage to the credit
of the state is not necessary.
The mere possibility of causing
such damage is sufficient.
Rises publicly
2.
Encouraging disobedience to the law or to the
constituted authorities or praising, justifying or
extolling any act punished by law, by the same means
or by words, utterances or speeches;
3.
Maliciously publishing or causing to be
published any official resolution or document without
proper authority, or before they have been published
officially;
4.
Printing, publishing or distributing (or causing
the same) books, pamphlets, periodicals, or leaflets
which do not bear the real printers name, or which
are classified as anonymous.
Inciting to sedition
RA no. 248: prohibits
reprinting, reproduction,
republication of govt
publications without
previous authority.
If printer/ owner of the

printing establishment took
part in the preparation and
publication of the libelous
writings
Art 360. Libel.
Publication is
obscene and
anonymous, the
offenses can
not be
complexed as
they involve
different acts
separately
punished under
154 and Art
201 on
obscene
publications.
Circumstances
I- inherent
A- aggravating

Crime ONE
155: alarms and
scandal
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Acts punished
1.
Discharging any firearm, rocket, firecracker,
or other explosive within any town or public place,
calculated to cause (which produces) alarm of
danger;
Directed to a person
Art 254. Discharge of

firearms
No alarm
No crime
2.
Instigating or taking an active part in any
charivari or other disorderly meeting offensive to
another or prejudicial to public tranquility;
During fiesta
No crime
4.
Causing any disturbance or scandal in public
places while intoxicated or otherwise, provided
Article 153 in not applicable.
Disturbance is serious
Art 153
There is a person confined in jail

That the offender removes therefrom such person, or
helps him escape.
Confined in hospital or asylum

who is actually and presently
in custody or charge of the
prisoner
Art 156
Art 223. Infidelity in the
custody of a prisoner
3.
Disturbing the public peace while wandering
about at night or while engaged in any other
nocturnal amusements;
156: delivering
prisoners from jail
LIABILITY OF ONE
WHO
HELPS/REMOVES
PRISONER.
LIABILITY OF ONE WHO ESCAPES:
But is escapee is serving

sentence of treason, murder,
parricide
Accessory thereof.
IF DELIVERY OF PRISONER
BRIBER: corruption of PO
Detention prisoner: NO LIABILITY

CONVICT by FINAL JUDGEMENT:
evasion of service of sentence. Art.
157.

Crime ONE
Modified
ELEMENTS
COMMITTED THROUGH
BRIBERY: LIABILITY
Crime
TWO
(Art 212) and Art 156
JAILER: infidelity (Art
223) and bribery (Art
210)
PRISONER: evasion of
service (Art 157)
Chapter Six
Evasion of Service of Sentence
157: evasion of
service of sentence
Offender is a convict by final judgment

He is serving his sentence, which consists in the
deprivation of liberty
He evades the service of his sentence by escaping
during the term of his sentence
1. By means of unlawful entry

(this should be by scaling Reyes);
2. By breaking doors,
windows, gates, walls, roofs or
floors;
3. By using picklock, false
keys, disguise, deceit, violence
or intimidation; or
4. Through connivance with
other convicts or employees of
the penal institution.
Qualified Art 157
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating

Crime ONE
158: evasion of
service of sentence on
the occasion of
disorders,
conflagration,
earthquake, of other
calaminities.
159: Other cases of

evasion of sentence
(conditional pardon)
Modified
ELEMENTS
That the offender is a convict by the final judgment ,

and is confined in a penal institution
That there is disorder, resulting from: conflagration,
Takes part in the mutiny
earthquake, explosion, similar catastrophe, mutiny in
which he has not participated
That the offender leaves the penal institution where
he is confined, on the occasion of such disorder or
during mutiny
That offender fails to give himself up to the authorities
within 48 hours following the issuance of a
proclamation announcing the passing away of the
calamity
Offender was a convict
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Mutiny
He was granted a conditional pardon by the chief

executive
That he violated any of the conditions of such pardon
Chapter Seven
Commission of Another Crime During Service of Penalty Imposed for Another Previous Offense
160: Commission of
another crime during
the service of penalty
imposed for another
previous offense
(quasi-recidivism)
That offender was already convicted by final

judgment of one offense
That he committed a new felony before beginning to
serve such sentence or while serving the same
First crime violated a special

law
Still Art. 160.
It is special
aggravating
circumstance

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Title Four
Crimes Against Public Interest
Chapter One
Forgeries
Section One: Forging the Seal of the Government of the Philippine Islands the Signature or Stamp of the Chief Executive
161: counterfeiting
seal of the
government, signature
and stamp of the govt
162: use of forged
signature, counterfeit
seal or stamp
Acts punished:
1) Forging the seal of the government of the
Philippines
2) forging the signature of the president
3) forging the stamp of the president
The seal or RP was counterfeited OR the signature or
stamp of the chief executive was forged by another
person
That offender knew about this
That he used the same
If not by another but the one

who used the same
Art. 161
Section Two: Counterfeiting Coins

163: making and
importing and
uttering false coins
That there be false or counterfeited coins
False coin currency of foreign

country
Former coins withdrawn from
circulation
That the offender either made, imported, or uttered

such coins
That in case of uttering such false or counterfeited
Art 163
Circumstances
I- inherent
A- aggravating

Crime ONE
Modified
ELEMENTS

164: mutilation of
coins- importation and
utterance of mutilated
coins
coins, he connived with the counterfeiters or importers

Acts punished:
1. Mutilating coins of the legal currency, with the
further requirements that there be intent to damage
or to defraud another;
Crime
TWO
Foreign country
Not Art 164.
Constructive possession
Stil Art 165
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
2.Importing or uttering such mutilated coins, with the

further requirement that there must be connivances
with the mutilator or importer in case of uttering.
165: Selling of false
or mutilated coin,
without connivance
Acts punished
1. Possession of coin, counterfeited or mutilated by
another person, with intent to utter the same, knowing
that it is false or mutilated;
Elements
Possession;
With intent to utter; and
Knowledge.
2. Actually uttering such false or mutilated coin,
knowing the same to be false or mutilated.
Elements
Actually uttering; and
Knowledge.
Note:
Mutilation: legal tender
Forge, counterfeit, utter:
regardless
Section Three: Forging treasury or Bank notes, obligations and securities; Importing and Uttering false or forged notes, obligations and securities
166: Forging treasury
or Bank notes,
obligations and
Acts punished:
Falsification of PNB checks
1) Forging or falsification or treasury or bank notes or
other documents payable to bearer
Falsification of
commercial documents
under Art 172 in

Crime ONE
securities; Importing
2) Importation of the same (bringing in Ph O/N
and Uttering the same forged or falsified outside)
3) uttering the same in connivance with forgers or
importers
167: counterfeiting,
That the be an instrument payable to order or other
importing and
document of credit not payable to bearer
uttering instrument not That offender either forged imported or uttered such
payable to bearer
instrument
That in case of uttering, he connived with the importer
or forger
168: illegal
That the treasury or bank note or certificate or other
possession and use of obligation and securities payable to bearer or any
false treasury or bank instrument payable to the order or other document of
notes and other
credit not payable to bearer is forged or falsified by
instruments of credit
another
That the offender knows that any of these instruments
is forged or falsified
That he performs any of these acts:
a) using any of such forged or falsified instrument OR
b) possessing with intent to use, any of the forged or
falsified document
169: How forgery is
1. By giving to a treasury or bank note or any
committed
instrument payable to bearer or to order mentioned
therein, the appearance of a true and genuine
document;
RA 9194
2. By erasing, substituting, counterfeiting, or altering

by any means the figures, letters, words, or sign
contained therein.
ANTI-MONEY LAUNDERING ACT OF 2001
Modified
ELEMENTS
Crime
TWO
connection with Art 171
of RPC.
Utterer is the forger
Forgery
Mere possession of false

treasury or bank notes
No crime
Defacement mutilation tearing

burning or destroying of the
CB notes and coins
PD 247
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
SEC. 4. Money Laundering Offense. Money laundering is a crime whereby the proceeds of an unlawful activity as herein defined are transacted,
thereby making them appear to have originated from legitimate sources. It is committed by the following:
"(a) Any person knowing that any monetary instrument or property represents, involves, or relates to, the proceeds of any unlawful activity, transacts or
attempts to transact said monetary instrument or property.
"(b) Any person knowing that any monetary instrument or property involves the proceeds of any unlawful activity, performs or fails to perform any act as a
result of which he facilitates the offense of money laundering referred to in paragraph (a) above.
"(c) Any person knowing that any monetary instrument or property is required under this Act to be disclosed and filed with the Anti-Money Laundering
Council (AMLC), fails to do so."
"(b) 'Covered transaction' is a transaction in cash or other equivalent monetary instrument involving a total amount in excess of Five hundred thousand pesos
(P500,000.00) within one (1) banking day."
"(b-1) 'Suspicious transaction' are transactions with covered institutions, regardless of the amounts involved, where any of the following circumstances exist:
"1. there is no underlying legal or trade obligation, purpose or economic justification;
"2. the client is not properly identified;
"3. the amount involved is not commensurate with the business or financial capacity of the client;
"4. taking into account all known circumstances, it may be perceived that the clients transaction is structured in order to avoid being the subject of reporting
requirements under the Act;
"5. any circumstance relating to the transaction which is observed to deviate from the profile of the client and/or the clients past transactions with the
covered institution;
"6. the transaction is in any way related to an unlawful activity or offense under this Act that is about to be, is being or has been committed; or
"7. any transaction that is similar or analogous to any of the foregoing."
Unlawful Activity:
SEC. 3. Section 3(i) of the same Act is further amended to read as follows:
"(i) 'Unlawful activity' refers to any act or omission or series or combination thereof involving or having direct relation to the following:
"(1) Kidnapping for ransom under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as amended;
"(2) Sections 4, 5, 6, 8, 9, 10, 12, 13, 14, 15, and 16 of Republic Act No. 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002;
"(3) Section 3 paragraphs B, C, E, G, H and I of Republic Act No. 3019, as amended, otherwise known as the Anti-Graft and Corrupt Practices Act;

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
"(4) Plunder under Republic Act No. 7080, as amended;

"(5) Robbery and extortion under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as amended;
"(6) Jueteng and Masiao punished as illegal gambling under Presidential Decree No. 1602;
"(7) Piracy on the high seas under the Revised Penal Code, as amended and Presidential Decree No. 532;
"(8) Qualified theft under Article 310 of the Revised Penal Code, as amended;
"(9) Swindling under Article 315 of the Revised Penal Code, as amended;
"(10) Smuggling under Republic Act Nos. 455 and 1937;
"(11) Violations under Republic Act No. 8792, otherwise known as the Electronic Commerce Act of 2000;
"(12) Hijacking and other violations under Republic Act No. 6235; destructive arson and murder, as defined under the Revised Penal Code, as amended,
including those perpetrated by terrorists against non-combatant persons and similar targets;
"(13) Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as the Securities Regulation Code of 2000;
"(14) Felonies or offenses of a similar nature that are punishable under the penal laws of other countries."
Section Four: Falsification of Legislative, Public, Commercial and Private documents and Wireless, Telegraph and Telephone Messages
170: Falsification of
Legislative Documents
171: Falsification by
public officer,
employee or natary
or ecclesiastical
minister
That there be a bill, resolution or ordinance enacted

or approved or pending approval by either House of
Legislature or any provincial board or municipal
council
The offender alters the same
That he has no proper authority therefor
That alteration changed the meaning of the document
Offender is private invdl or Public officer
That the offender is a public officer, employee or
notary public of ecclesiastical minister
That he takes advantage of his official position when
a) he has the duty to make or prepare or otherwise
intervene in the preparation of document
b) he has the official custody of the document which
Other acts of falsification
Art 171 or 172
If does not take advantage
Art 172. Falsification of

public document by a
private individual

Crime ONE
Modified
ELEMENTS
Crime
TWO
he falsified
Offender falsifies a document
8 modes:
He falsifies a document by
committing any of the following
acts:
1267: GENUINE document
others: simulating or fabricating a
document.
1. Counterfeiting or imitating any
handwriting, signature or rubric;
2. Causing it to appear that

persons have participated in any
act or proceeding when they did
not in fact so participate;
3. Attributing to persons who have
participated in an act or
proceeding statements other than
those in fact made by them;
ELEMENTS:
a. there is an intent to imitate or an
attempt to imitate
b. two signatures or handwritings, the
genuine and the forged bear some
resemblance.
a) that the offender caused it to appear
in a document that a person/s
participated in an act of proceeding
b) such persons did not in fact so
participate in the act or proceeding
a) that a person/s participated in an act
or proceeding
b) that such person/s made statements in
that act or proceeding
c) that the offender in making a
document, attributed to such person,
statements other than those in facts
No ATTEMPT ( so that they are Liable under Art 170 (2)

entirely unlike the genuine
signature)
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating

Crime ONE
Modified
ELEMENTS
Crime
TWO
made by such person/s.

4. Making untruthful statements in a a) that the offender makes a document
narration of facts;
statements in a narration of facts
b) that he has the legal obligation to
disclose the truth of the facts narrated
by him
c) that the facts narrated by the
offender are absolutely false
d) that the perversion of truth in the
narration of facts was made with the
wrongful intent of injuring a 3rd person.
5. Altering true dates;
a) Must affect either the veracity or
documents or the effects thereof.
6. Making any alteration or
intercalation in a genuine document a) that there be an alteration or
which changes its meaning;
intercalation on a document.
b) that it was made on a genuine
document.
c) that the alteration or intercalation has
changed the meaning of the document.
d) that the change made the document
speak something false.
7. Issuing in an authenticated form
a document
purporting to be a
copy of an original document when
no such original exists, or including
Narration. Not conclusion of

law.
No crime.
Not absolutely wrong. There is

some colorable truth.
Perjury
If false narration is in an
affidavit or statement
required by law.
Falsification
Alteration of dates in official

receipts to prevent discover of
malversation. Means to
conceal.
Cant commit this crime.
Private individual or notary

public or public officer who
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating

Crime ONE
in such a copy a statement contrary
to, or different from, that of the
genuine original; or
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
does not take advantage of

his official position.
8. Intercalating any instrument or

note relative to the issuance
thereof in a protocol, registry, or
official book.
172: falsification by
private individuals
and use of falsified
documents
Acts punished:
1) falsification of public, official, or commercial
document by a private individual
- the offender is a private individual or a public
officer or employee who did not take advantage of
his official position.
- that he committed any of the acts of falsification
enumerated in Art. 171 (1-6)
- That the falsification was committed in a public or
official or commercial document.
2) Falsification of private document by any person
- that he offender committed any of the acts of
falsification, 1-6 and 8 in Art 171
- That the falsification was committed in a private
document
That the falsification caused damage to a 3rd party
or at least the falsification was committed with the
intent to cause such damage.
3. Use of falsified document
Flasification and Estafa:

Of Public or official document:
Complex crimes id committed as a
necessary means to commit estafa.
If to conceal it: estafa only.
Estafa through falsification of

a private document.
ONLY estafa.
If a person knowingly offers in

evidence a false witness or
testimony
Art 184.offering false

testimony in evidence.
Of Private document:
Even if used as a necessary means: it is
either Estafa or Falsification only. To
determine which: pin point which crime
was first committed.

Crime ONE
a) introducing in a judicial proceeding
- that the offender knew that the document was
falsified by another
- that the false document was embraced in Art 171 or
in any subdivision 1 and 2 of Art 172
- that he introduced said document in evidence in any
judicial proceeding
Note: no damage is required
173: Falsificstion of
wireless, cable,
telegraof and
telephone messages
and use of said
falsified messages
b) Use in other transactions

- that the offender knew that the document was
falsified by another person
- that the false document was embraced in Art 171 or
in any subdivision No. 1 or 2 of Art 172
Acts punished:
1) Uttering fictitious wireless, telegraph, or telephone
messages
2) Falsifying wireless, telegraph, or telephone
messages
For 1 and 2:
- that the offender is an officer or employee of the
govt or an officer or an employee of a private
corporation, engaged in the service of sending or
receving wireless, cable or telephone message
- he commits any of the above acts
3) Using such falsified messages:
- offender need not be connected to the govt or such
corp
Modified
ELEMENTS
Crime
TWO
If a person uses a document

PD 1829. Obstruction of
with knowledge of its falsity to justice.
affect the course of the
outcome of the investigation of
proceedings IN CRIMINAL
CASES.
Through reckless imprudence
No such crime.
Private individual;s who forge

of alter telegram
Act No. 1851
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating

Crime ONE
Modified
ELEMENTS
Crime
TWO
- that the accused knew that the wireless, cable,

telegraph, or telephone message was falsified by
any person specified in the 1st paragraph of Art 173.
- that the accused used such falsified dispatch
- that the use of such falsified dispatch resulted in the
prejudice of a 3rd party or that the use thereof was
with the intent to cause such prejudice.
Section Five: Falsification of Medical Certificates, Certificates of Merit or service and the Like
174: False Medical
Certificates False
Certificates of Merit
or Service
Persons liable:
1) Physician or Surgeon who, in connection with the
practice of his profession, issued a false certificate
False Medical
Certificate by a
Physician
2)Public officer who issued a false certificate of merit

or service, good conduct or similar circumstances
False Cerificate or Merit

or Service by a Public
Officer
3) Private individual who falsified a certificate falling

in the classes mentioned in 1 and 2.
False Medical
Certificate by a Private
Individual OR
False Cerificate or Merit
or Service by a Private
Individual
property
175: Using false

Certificates
That a false certificate mention in Art 174 was issued
Not covered.
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating

Crime ONE
That the offender knew that he certificate was false
That he used the same
Modified
ELEMENTS
Crime
TWO
Used false certificates in a

judicial proceeding
Art 175
False documents in Art 171172 in a judicial proceeding
Art 172
With
OTHER
Crimes
Circumstances
Section Six: Manufacturing, Importing and Possession of instruments or Implements Intended for the Commission of Falsification
176: Manufacturing
and possession of
instruments and
implements for
falsification
Acts punished:
Incomplete ser of materials for Still Art 175
1. making or introducing into the Philippines any
counterfeiting
stamps, dies, marks, or other instruments or implements
for the counterfeiting of falsification
Constructive possession
Still 175
2. possessing with intent to use the instruments or
implements for counterfeiting or falsification made in
or introduced into the Philippines by another person.
Chapter Two
Other Falsities
Section One: Usurpation of Authority, Rank, Title and Improper use of Names, Uniforms, and Insignia
172: Usurpation or
Authority or official
Function
Two Offenses:
First: Usurpation of Authority
Elements
1. Offender knowingly and falsely represents himself;
2. As an officer, agent or representative of any
department or agency of the Philippine government
I- inherent
A- aggravating

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
or of any foreign government.
178: Using fictitious

name and concealing
true name
Art 178, Art 348, Art

315 par 2, PD 1829
CA 142
Second: Usurpation of Official Functions

Usurps diplomat/ consular or
In addition RA No. 75
Elements
other foreign govt
1.Offender performs any act;
2.Pertaining to any person in authority or public
officer of the Philippine government or any foreign
government, or any agency thereof;
3.Under pretense of official position;
4.Without being lawfully entitled to do so.
First: Using Fictitious Name:
-That the offender uses a name other than his real
name
-That he uses the fictitious name publicly
If against public interest
Estafa
-The purpose of the offender is
a) conceal a crime
b) to evade the execution of a judgment
c) to cause damage to public interest
Second: Concealing True Name
-that the offender conceals
a) his true name AND
b) that the purpose is only to conceal his identity
Using Ficittiuous Name
Usurpation of Civil Status
Estafa
Art 178
Art 348
(Art 315 par 2)
Purpose:
Purpose:
Purpose:
a) conceal a crime
To enjoy the rights arising from the
Defraud 3rd persons
b) to evade the execution of a
civil status of the person
judgment
impersonated
c) to cause damage to public
interest
Commonwealth Act No. 142 (Regulating the Use of Aliases)
May be
complexed
with:
Delivering
prisoners from
jail BUT NOT
with evasaion
of service of
sentence.
Using Fictitious name Under
PD 1829
Purpose:
To conceal a crime, evade
prosecution or the execution of
judgment or concealing his true
name and other personal
circumstances for the same purpose

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
GR: No person shall use any name different from the one with which he was registered at birth in the office of the local civil registry, or with which he was
registered in the bureau of immigration upon entry; or such substitute name as may have been authorized by a competent court.
Exception: Pseudonym solely for literary, cinema, television, radio, or other entertainment and in athletic events where the use of pseudonym is a normally
accepted practice.
179: Illegal Use of
Uniforms or Insignia
That the offender makes use of insignia, uniform, or

dress
The insignia, uniform, dress pertains to an office not

held by the offender or to a class of persons of which
he is not a member
Not exact imitation
Still 179
Manufacture, sale, distribution

and use of PNP uniforms,
insignias, and other
accoutrements
Imaginary office
EO 297
AFP or Consbulary
Ra 493
No crime
Naval, military, police or other RA No. 75

official uniform, decoration, or
regali of a foreign State
That said insignia, uniform or dress is used publicly
AND improperly
Section Two: False Testimony
Three forms
180: False Testimony
against defendant
1. in Criminal cases (180-181)

2. in Civil cases (182)
3. in other Cases (183)
That there is a criminal proceeding
Violation under special penal

law
Still 180

Crime ONE
That the offender testifies falsely under oath against
the defendant therein
181: false testimony

favorable to
defendant
182: false testimony

in civil cases
183: perjury
That the offender who gives false testimony knows

that it is false
That the defendant against whom the false testimony
is given is either acquitted or convicted in final
judgment
A person gives false testimony;
In favor of the defendant;

Criminal case
Testimony given in a civil case
Related to the issue presented in the case
Testimony is false
Defendant knows it is false
Testimony must be malicious and given with an intent
to affect the issues presented in said case
Two ways of committing:
First: falsely testifying under oath
Second: making false affidavit
Offender makes a statement under oath or executes
an affidavit upon a material matter;
The statement or affidavit is made before a
competent officer, authorized to receive and
administer oaths;
Modified
ELEMENTS
Crime
TWO
Court does not consider

testimony
Still 180
Incomplete
Good faith
No crime
No crime
Defendant himself and

imputes another
Still 181
Rectified mistakes right after

giving it
No crime
Acquitted/ convicted
Given in a special proceeding
Still 181
182 not applicable
Good faith
No crime
Not material
Not perjury
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating

Crime ONE
Subordination of
perjury
184: offering false
testimony in evidence
Offender makes a willful and deliberate assertion of

a falsehood in the statement or affidavit;
The sworn statement or affidavit containing the falsity
is required by law or authorized by law, that is, it is
made for a legal purpose
Person who knowingly and willfully procure another
To swear falsely
And the witness suborned does not testify under the
circumstances rendering him guilty of perjury
That the offender offered in evidence a false witness
or testimony
That he knew the witness or testimony was false
That the offer was made in a judicial or official
proceeding
Modified
ELEMENTS
induced
Crime
TWO
Not 184 but

subordination of perjury
Chapter Three
Frauds
Section One: Machinations, Monopolies, and Combinations
185: Machinations in
Public Auctions
Acts punished
FIRST: consummated by mere solicitation
Elements
1. There is a public auction;
2. Offender solicits any gift or a promise from any of
the bidders;
3. Such gift or promise is the consideration for his
refraining from taking part in that public auction;
4. Offender has the intent to cause the reduction of
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
the price of the thing auctioned.

SECOND. Consummated by mere attempt.
Elements
1. There is a public auction;
2. Offender attempts to cause the bidders to stay
away from that public auction;
3. It is done by threats, gifts, promises or any other
artifice;
4. Offender has the intent to cause the reduction of
the price of the thing auctioned.
186: Monopilies and
combinations in
restraint of trade
Acts punished
Mere conpiracy
Still 186
First: Combination to prevent free competition in the

market;
Elements
1. Entering into any contract or agreement or taking
part in any conspiracy or combination in the form of a
trust or otherwise;
2. In restraint of trade or commerce or to prevent by
artificial means free competition in the market.
Second: Monopoly to restrain free competition in the
market;
Elements
1. By monopolizing any merchandise or object of
trade or commerce, or by combining with any other
OOHlala: Only human. Open to constructive criticism. Hope this helps. Lala
I will live my life to the fuNNiest. (BIARES, 2014).
Source: https://warlita.wordpress.com/right_brained/
pahina. 40

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
person or persons to monopolize said merchandise or

object;
2. In order to alter the prices thereof by spreading
false rumors or making use of any other artifice;
3. To restrain free competition in the market
Third: Manufacturer, producer, or processor or
importer combining, conspiring or agreeing with any
person to make transactions prejudicial to lawful
commerce or to increase the market price of
merchandise.
Elements
1. Manufacturer, producer, processor or importer of
any merchandise or object of commerce;
2. Combines, conspires or agrees with any person;
3. Purpose is to make transactions prejudicial to
lawful commerce or to increase the market price of
any merchandise or object of commerce
manufactured, produced, processed, assembled or
imported into the Philippines.
Section Two: Frauds in Commerce and Industry
187: Importation and
Disposition of Falsely
marked articles or
merchandise made of
gold, silver, or other
That the offender imports, sells, or disposes any of

those articles or merchandise
That the stamps, brands, or marks of those articles or
merchandise fail to indicate the actual fineness or
quality of said metal or alloy
Manufacturer of misbranded
articles
Estafa Art 315 2(b)
pahina. 41

Crime ONE
precious metals or
their alloys
188-189 reapeled
by RA 8293
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
That the offender knows that the stamps, brands, or

marks fail to indicate the actual fines of quality or
said metal or alloy
Republic Act No. 8293 (An Act Prescribing the Intellectual Property Code and Establishing the Intellectual Property Office, Providing for Its Power and
Functions, and for Other Purposes)
Infringement. Any person who shall, without the consent of the owner of the registered mark:
155.1. Use in commerce any reproduction, counterfeit, copy, or colorable imitation of a registered mark or the same container or a dominant feature
thereof in connection with the sale, offering for sale, distribution, advertising of any goods or services including other preparatory steps necessary to carry
out the sale of any goods or services on or in connection with which such use is likely to course confusion, or to cause mistake, or to deceive; or
155.2. Reproduce, counterfeit, copy or colorably imitate a registered mark or a dominant feature thereof and apply such reproduction, counterfeit, copy
or colorable imitation to labels, signs, prints, packages, wrappers, receptacles or advertisement intended to be used in commerce upon or in connection with
the sale, offering for sale, distribution, or advertising of goods or services on or in connection with which such use is likely to cause confusion, or to cause
mistake, or to deceive shall be liable in a civil action for infringement by the registrant for the remedies hereinafter set forth: Provided, that the infringement
takes place at the moment any of the acts stated in Subsection 155.1 or this subsection are committed regardless of whether there is actual sale of goods or
services using the infringing material.
Unfair Competition
168.1. Any person who has identified in the mind of the public the goods he manufactures or deals in, his business or services from those of others, whether
or not a registered mark is employed, has a property right in the goodwill of the said goods, business or service so identified, which will be protected in the
same manner as other property rights.
168.2. Any person who shall employ deception or any other means contrary to good faith by which he shall pass off the goods manufactured by him or in
which he deals, or his business, or services for those of the one having established such goodwill, or who shall commit any acts calculated to produce said
result, shall be guilty of unfair competition, and shall be subject to an action therefor.
pahina. 42

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
168.3. In particular, and without in any way limiting the scope of protection against unfair competition, the following shall be deemed guilty of unfair
competition:
(a)
Any person, who is selling his goods and gives them the general appearance of goods of another manufacturer or dealer, either as to the goods
themselves or in the wrapping of the packages in which they are contained, or the devices or words thereon, on in any other feature or their appearance,
which would be likely to influence purchasers to believe that the goods offered are those of a manufacturer or dealer, other than the actual manufacturer
or dealer, or who otherwise clothes the goods with such appearance as shall deceive the public and defraud another of his legitimate trade, or any
subsequent vendor of such goods or any agent of any vendor engaged in selling such goods with a like purpose; or
(b)
Any person who by any artifice, or device, or who employs any other means calculated to induce the false belief that such person is offering the
services of another who ahs identified such services in the mind of the public; or
(c)
Any person who shall make any false statement in the course of trade or who shall commit any other act contrary to good faith of a nature
calculated to discredit the goods, business or services of another.
168.4. The remedies provided by Section 156, 157 and 161 shall apply mutatis mutandis.
Section 169. False Designation or Origin; False Description or Representation.
169.1. Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or
device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact,
which:
(a)
Is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as
to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person; or
(b)
In commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person's
goods, services or commercial activities, shall be liable to a civil action for damages and injunction provided in Section 156 and 157 of this Act by any
person who believes that he or she is or likely to be damaged by such act.
pahina. 43

Crime ONE
RA No. 455
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Law on Smuggling
"Sec. 2702. Unlawful importation of merchandise.
1) Any person who shall fraudulently or knowingly import or bring into the Philippines, or assist in so doing, any merchandise, contrary to law, or shall
receive, conceal, buy, sell, or in any manner facilitate the transportation, concealment, or sale of such merchandise after importation,
2) knowing the same to have been imported contrary to law, shall be punished by a fine of not less than six hundred pesos but not more than five thousand
pesos and by imprisonment for not less than three months nor more than two years and, if the offender is an alien, he may be subject to deportation.
Title Five
Crimes Relate to Opium and Other Prohibited Drugs
Republic Act 9165
Comprehensive Dangerous Drugs Act of 2002
(check SBC Law Memory Aid)
Unlawful Acts and Penalties:

Section 4. Importation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
Section 5. Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
Section 6. Maintenance of a Den, Dive or Resort.
Section 7. Employees and Visitors of a Den, Dive or Resort.
Section 8. Manufacture of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
Section 9. Illegal Chemical Diversion of Controlled Precursors and Essential Chemicals.
Section 10. Manufacture or Delivery of Equipment, Instrument, Apparatus, and Other Paraphernalia for Dangerous Drugs and/or Controlled Precursors and Essential Chemicals.
ARTICLE II: Unlawful Acts and Penalties
Section 11. Possession of Dangerous Drugs
Section 12. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs.
Section 13. Possession of Dangerous Drugs During Parties, Social Gatherings or Meetings.
Section 14. Possession of Equipment, Instrument, Apparatus and Other Paraphernalia for Dangerous Drugs During Parties, Social Gatherings or Meetings.
Section 15. Use of Dangerous Drugs.
Section 16. Cultivation or Culture of Plants Classified as Dangerous Drugs or are Sources Thereof.
pahina. 44

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Section 17. Maintenance and Keeping of Original Records of Transactions on Dangerous Drugs and/or Controlled Precursors and Essential Chemicals
Section 18. Unnecessary Prescription of Dangerous Drugs.
Section 19. Unlawful Prescription of Dangerous Drugs.
Section 23. Plea-Bargaining Provision. Any person charged under any provision of this Act regardless of the imposable penalty shall not be allowed to avail of the provision on
plea-bargaining.
Section 25. Qualifying Aggravating Circumstances in the Commission of a Crime by an Offender Under the Influence of Dangerous Drugs. Notwithstanding the provisions of any law
to the contrary, a positive finding for the use of dangerous drugs shall be a qualifying aggravating circumstance in the commission of a crime by an offender, and the application of
the penalty provided for in the Revised Penal Code shall be applicable.
Section 26. Attempt or Conspiracy. Any attempt or conspiracy to commit the following unlawful acts shall be penalized by the same penalty prescribed for the commission of the
same as provided under this Act:
(a) Importation of any dangerous drug and/or controlled precursor and essential chemical;
(b) Sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical;
(c) Maintenance of a den, dive or resort where any dangerous drug is used in any form;
(d) Manufacture of any dangerous drug and/or controlled precursor and essential chemical; and
(e) Cultivation or culture of plants which are sources of dangerous drugs.
Section 27. Criminal Liability of a Public Officer or Employee for Misappropriation, Misapplication or Failure to Account for the Confiscated, Seized and/or Surrendered Dangerous
Drugs, Plant Sources of Dangerous Drugs, Controlled Precursors and Essential Chemicals, Instruments/Paraphernalia and/or Laboratory Equipment Including the Proceeds or Properties
Obtained from the Unlawful Act Committed. The penalty of life imprisonment to death and a fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00), in addition to absolute perpetual disqualification from any public office, shall be imposed upon any public officer or employee who misappropriates, misapplies
or fails to account for confiscated, seized or surrendered dangerous drugs, plant sources of dangerous drugs, controlled precursors and essential chemicals,
pahina. 45

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
instruments/paraphernalia and/or laboratory equipment including the proceeds or properties obtained from the unlawful acts as provided for in this Act.
Any elective local or national official found to have benefited from the proceeds of the trafficking of dangerous drugs as prescribed in this Act, or have received any financial or
material contributions or donations from natural or juridical persons found guilty of trafficking dangerous drugs as prescribed in this Act, shall be removed from office and
perpetually disqualified from holding any elective or appointive positions in the government, its divisions, subdivisions, and intermediaries, including government-owned or
controlled corporations.
Section 28. Criminal Liability of Government Officials and Employees. The maximum penalties of the unlawful acts provided for in this Act shall be imposed, in addition to absolute
perpetual disqualification from any public office, if those found guilty of such unlawful acts are government officials and employees.
Section 29. Criminal Liability for Planting of Evidence. Any person who is found guilty of "planting" any dangerous drug and/or controlled precursor and essential chemical,
regardless of quantity and purity, shall suffer the penalty of death.
Section 30. Criminal Liability of Officers of Partnerships, Corporations, Associations or Other Juridical Entities. In case any violation of this Act is committed by a partnership,
corporation, association or any juridical entity, the partner, president, director, manager, trustee, estate administrator, or officer who consents to or knowingly tolerates such violation
shall be held criminally liable as a co-principal.
The penalty provided for the offense under this Act shall be imposed upon the partner, president, director, manager, trustee, estate administrator, or officer who knowingly
authorizes, tolerates or consents to the use of a vehicle, vessel, aircraft, equipment or other facility, as an instrument in the importation, sale, trading, administration, dispensation,
delivery, distribution, transportation or manufacture of dangerous drugs, or chemical diversion, if such vehicle, vessel, aircraft, equipment or other instrument is owned by or under
the control or supervision of the partnership, corporation, association or juridical entity to which they are affiliated.
Section 31. Additional Penalty if Offender is an Alien. In addition to the penalties prescribed in the unlawful act committed, any alien who violates such provisions of this Act shall,
after service of sentence, be deported immediately without further proceedings, unless the penalty is death.
Section 32. Liability to a Person Violating Any Regulation Issued by the Board. The penalty of imprisonment ranging from six (6) months and one (1) day to four (4) years and a fine
ranging from Ten thousand pesos (P10,000.00) to Fifty thousand pesos (P50,000.00) shall be imposed upon any person found violating any regulation duly issued by the Board
pursuant to this Act, in addition to the administrative sanctions imposed by the Board.
Section 33. Immunity from Prosecution and Punishment. Notwithstanding the provisions of Section 17, Rule 119 of the Revised Rules of Criminal Procedure and the provisions of
pahina. 46

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Republic Act No. 6981 or the Witness Protection, Security and Benefit Act of 1991, any person who has violated Sections 7, 11, 12, 14, 15, and 19, Article II of this Act, who
voluntarily gives information about any violation of Sections 4, 5, 6, 8, 10, 13, and 16, Article II of this Act as well as any violation of the offenses mentioned if committed by a drug
syndicate, or any information leading to the whereabouts, identities and arrest of all or any of the members thereof; and who willingly testifies against such persons as described
above, shall be exempted from prosecution or punishment for the offense with reference to which his/her information of testimony were given, and may plead or prove the giving of
such information and testimony in bar of such prosecution: Provided, That the following conditions concur:
(1) The information and testimony are necessary for the conviction of the persons described above;
(2) Such information and testimony are not yet in the possession of the State;
(3) Such information and testimony can be corroborated on its material points;
(4) the informant or witness has not been previously convicted of a crime involving moral turpitude, except when there is no other direct evidence available for the State
other than the information and testimony of said informant or witness; and
(5) The informant or witness shall strictly and faithfully comply without delay, any condition or undertaking, reduced into writing, lawfully imposed by the State as further
consideration for the grant of immunity from prosecution and punishment.
Provided, further, That this immunity may be enjoyed by such informant or witness who does not appear to be most guilty for the offense with reference to which his/her information
or testimony were given: Provided, finally, That there is no direct evidence available for the State except for the information and testimony of the said informant or witness.
Section 34. Termination of the Grant of Immunity. The immunity granted to the informant or witness, as prescribed in Section 33 of this Act, shall not attach should it turn out
subsequently that the information and/or testimony is false, malicious or made only for the purpose of harassing, molesting or in any way prejudicing the persons described in the
preceding Section against whom such information or testimony is directed against. In such case, the informant or witness shall be subject to prosecution and the enjoyment of all rights
and benefits previously accorded him under this Act or any other law, decree or order shall be deemed terminated.
In case an informant or witness under this Act fails or refuses to testify without just cause, and when lawfully obliged to do so, or should he/she violate any condition accompanying
such immunity as provided above, his/her immunity shall be removed and he/she shall likewise be subject to contempt and/or criminal prosecution, as the case may be, and the
enjoyment of all rights and benefits previously accorded him under this Act or in any other law, decree or order shall be deemed terminated.
pahina. 47

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
In case the informant or witness referred to under this Act falls under the applicability of this Section hereof, such individual cannot avail of the provisions under Article VIII of this
Act.
Section 35. Accessory Penalties. A person convicted under this Act shall be disqualified to exercise his/her civil rights such as but not limited to, the rights of parental authority or
guardianship, either as to the person or property of any ward, the rights to dispose of such property by any act or any conveyance inter vivos, and political rights such as but not
limited to, the right to vote and be voted for. Such rights shall also be suspended during the pendency of an appeal from such conviction.
Title Six
Crimes Against Public Morals
Chapter One
Gambling and Betting
PRESIDENTIAL DECREE No. 1602
PRESCRIBING STIFFER PENALTIES ON ILLEGAL GAMBLING
Section 1. Penalties. The following penalties are hereby imposed:

(a) The penalty of prison correccional in its medium period of a fine ranging from one thousand to six thousand pesos, and in case of recidivism, the penalty of prision mayor in its
medium period or a fine ranging from five thousand to ten thousand pesos shall be imposed upon:
1. Any person other than those referred to in the succeeding sub-sections who in any manner, shall directly or indirectly take part in any illegal or unauthorized activities or games of
cockfighting, jueteng, jai alai or horse racing to include bookie operations and game fixing, numbers, bingo and other forms of lotteries; cara y cruz, pompiang and the like; 7-11
and any game using dice; black jack, lucky nine, poker and its derivatives, monte, baccarat, cuajao, pangguingue and other card games; paik que, high and low, mahjong, domino
and other games using plastic tiles and the likes; slot machines, roulette, pinball and other mechanical contraptions and devices; dog racing, boat racing, car racing and other forms
of races, basketball, boxing, volleyball, bowling, pingpong and other forms of individual or team contests to include game fixing, point shaving and other machinations; banking or
percentage game, or any other game scheme, whether upon chance or skill, wherein wagers consisting of money, articles of value or representative of value are at stake or made;
2. Any person who shall knowingly permit any form of gambling referred to in the preceding subparagraph to be carried on in inhabited or uninhabited place or in any building,
vessel or other means of transportation owned or controlled by him. If the place where gambling is carried on has a reputation of a gambling place or that prohibited gambling is
pahina. 48

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
frequently carried on therein, or the place is a public or government building or barangay hall, the malfactor shall be punished by prision correccional in its maximum period and a
fine of six thousand pesos.
(b) The penalty of prision correccional in its maximum period or a fine of six thousand pesos shall be imposed upon the maintainer or conductor of the above gambling schemes.
(c) The penalty of prision mayor in its medium period with temporary absolute disqualification or a fine of six thousand pesos shall be imposed if the maintainer, conductor or
banker of said gambling schemes is a government official, or where such government official is the player, promoter, referee, umpire, judge or coach in case of game fixing, point
shaving and machination.
(d) The penalty of prision correccional in its medium period or a fine ranging from four hundred to two thousand pesos shall be imposed upon any person who shall, knowingly and
without lawful purpose in any hour of any day, possess any lottery list, paper or other matter containing letters, figures, signs or symbols pertaining to or in any manner used in the
games of jueteng, jai-alai or horse racing bookies, and similar games of lotteries and numbers which have taken place or about to take place.
(e) The penalty of temporary absolute disqualifications shall be imposed upon any barangay official who, with knowledge of the existence of a gambling house or place in his
jurisdiction fails to abate the same or take action in connection therewith.
(f) The penalty of prision correccional in its maximum period or a fine ranging from five hundred pesos to two thousand pesos shall be imposed upon any security officer, security
guard, watchman, private or house detective of hotels, villages, buildings, enclosures and the like which have the reputation of a gambling place or where gambling activities are
being held.
Section 2. Informer's reward. Any person who shall disclose information that will lead to the arrest and final conviction of the malfactor shall be rewarded twenty percent of the cash
money or articles of value confiscated or forfeited in favor of the government.
PENALIZING BETTING, GAME-FIXING OR POINT SHAVING AND MACHINATIONS IN SPORTS CONTESTS
Section 1. Definitions. For purposes of this Decree, the following terms shall mean and be understood to be as hereunder indicated:
a. Betting money or any object or article of value or representative of value upon the result of any game, races and other sports contest.
b. Game-fixing any arrangement, combination, scheme or agreement by which the result of any game, races or sports contests shall be predicted and/or known other than on the
basis of the honest playing skill or ability of the players or participants.
c. Point-shaving any such arrangement, combination, scheme or agreement by which the skill or ability of any player or participant in a game, races or sports contests to make points
or scores shall be limited deliberately in order to influence the result thereof in favor of one or other team, player or participant therein.
pahina. 49

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
d. Game-machinations any other fraudulent, deceitful, unfair or dishonest means, method, manner or practice employed for the purpose of influencing the result of any game, races
or sport contest.
Section 2. Betting, game-fixing, point-shaving or game machination unlawful. Game-fixing, point-shaving, machination, as defined in the preceding section, in connection with the
games of basketball, volleyball, softball, baseball; chess, boxing bouts, "jai-alai", "sipa", "pelota" and all other sports contests, games or races; as well as betting therein except as
may be authorized by law, is hereby declared unlawful.
Section 3. Penalty. Any violation of this Decree, or of the rules and regulations promulgated in accordance herewith, shall be punished in the manner following:
a. When the offender is an official, such as promoter, referee, umpire, judge, or coach in the game, race or sports contests, or the manager or sponsor of any participating team,
individual or player therein, or participants or players in such games, races or other sports contests, he shall, upon conviction, be punished by prision correccional in its maximum
period and a fine of 2,000 pesos with subsidiary imprisonment in case of insolvency, at the discretion of the court. This penalty shall also be imposed when the offenders compose a
syndicate of five or more persons.
b. In case of any offender, he shall, upon conviction, be punished by prision correccional in its medium period and a fine of 1,000 pesos with subsidiary imprisonment in case of
insolvency at the discretion of the court.
c. When the offender is an official or employee of any government office or agency concerned with the enforcement or administration of laws and regulations on sports the penalty
provided for in the preceding Section 3 a small be imposed. In addition, he shall be disqualified from holding any public office or employment for life. If he is an alien, he may be
deported.
Section 4. Clearance for arrest, detention or prosecution. No person who voluntarily discloses or denounces to the President of the Philippine Amateur Athletic Federation or to the
National Sports Associations concerned and/or to any law enforcement/police authority any of the acts penalized by this Decree shall be arrested, detained and/or prosecuted
except upon prior written clearance from the President of the Philippines and/or of the Secretary of National Defense.
COCKFIGHTING LAW OF 1974
Section 4. Definition of Terms. As used in this law, the following terms shall be understood, applied and construed as follows:
(a) Cockfighting shall embrace and mean the commonly known game or term "cockfighting derby, pintakasi or tupada", or its equivalent terms in different Philippine localities.
(b) Zoning Law or Ordinance Either both national or local city or municipal legislation which logically arranges, prescribes, defines and apportions a given political subdivision into
specific land uses as present and future projection of needs warrant.
pahina. 50

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
(c) Bet Taker of Promoter A person who calls and takes care of bets from owners of both gamecocks and those of other bettors before he orders commencement of the cockfight
and thereafter distributes won bets to the winners after deducting a certain commission.
(d) Gaffer (Taga Tari) A person knowledgeable in the art of arming fighting cocks with gaff or gaffs on either or both legs.
(e) Referee (Sentenciador) A person who watches and oversees the proper gaffing of fighting cocks, determines the physical condition of fighting cocks while cockfighting is in
progress, the injuries sustained by the cocks and their capability to continue fighting and decides and make known his decision by work or gestures and result of the cockfight by
announcing the winner or declaring a tie or no contest game.
(f) Bettor A person who participates in cockfights and with the use of money or other things of value, bets with other bettors or through the bet taker or promoter and wins or loses
his bet depending upon the result of the cockfight as announced by the Referee or Sentenciador. He may be the owner of fighting cock.
Section 5. Cockpits and Cockfighting: In General:
(a) Ownership, Operation and Management of Cockpits. Only Filipino citizens not otherwise inhibited by existing laws shall be allowed to own, manage and operate cockpits.
Cooperative capitalization is encouraged.
(b) Establishment of Cockpits. Only one cockpit shall be allowed in each city or municipality, except that in cities or municipalities with a population of over one hundred thousand,
two cockpits may be established, maintained and operated.
(c) Cockpits Site and Construction. Cockpits shall be constructed and operated within the appropriate areas as prescribed in Zoning Law or Ordinance. In the absence of such law or
ordinance, the local executives shall see to it that no cockpits are constructed within or near existing residential or commercial areas, hospitals, school buildings, churches or other
public buildings. Owners, lessees, or operators of cockpits which are now in existence and do not conform to this requirement are given three years from the date of effectivity of
this Decree to comply herewith. Approval or issuance of building permits for the construction of cockpits shall be made by the city or provincial engineer in accordance with their
respective building codes, ordinances or engineering laws and practices.
(d) Holding of Cockfights. Except as provided in this Decree, cockfighting shall be allowed only in licensed cockpits during Sundays and legal holidays and during local fiestas for
not more than three days. It may also be held during provincial, city or municipal, agricultural, commercial or industrial fair, carnival or exposition for a similar period of three days
upon resolution of the province, city or municipality where such fair, carnival or exposition is to be held, subject to the approval of the Chief of Constabulary or his authorized
representative: Provided, that, no cockfighting on the occasion of such fair, carnival or exposition shall be allowed within the month of a local fiesta or for more than two occasions a
year in the same city or municipality: Provided, further, that no cockfighting shall be held on December 30 (Rizal Day), June 12 (Philippine Independence Day) November 30
(National Heroes Day), Holy Thursday, Good Friday, Election or Referendum Day and during Registration Days for such election or referendum.
(e) Cockfighting for Entertainment of Tourists or for Charitable Purposes. Subject to the preceding subsection hereof, the Chief Constabulary or his authorized representative may
also allow the holding of cockfighting for the entertainment of foreign dignitaries or for tourists, or for returning Filipinos, commonly known as "Balikbayan", or for the support of
national fund-raising campaigns for charitable purposes as may be authorized by the Office of the President, upon resolution of a provincial board, city or municipal council, in
licensed cockpits or in playgrounds or parks: Provided, that this privilege shall be extended for only one time, for a period not exceeding three days, within a year to a province,
city, or municipality.
pahina. 51

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
(f) Other games during cockfights prescribed. No gambling of any kind shall be permitted on the premises of the cockpit or place of cockfighting during cockfights. The owner,
manager or lessee off such cockpit and the violators of this injunction shall be criminally liable under Section 8 hereof.
Section 6. Licensing of Cockpits. City and municipal mayors are authorized to issue licenses for the operation and maintenance of cockpits subject to the approval of the Chief of
Constabulary or his authorized representatives. For this purpose, ordinances may be promulgated for the imposition and collection of taxes and fees not exceeding the rates fixed
under Section 13, paragraphs (a) and (b); and 19; paragraph (g) 16 of Presidential Decree No. 231, dated June 28, 1973, otherwise known as the Local Tax Code, as amended.
Section 7. Cockfighting Officials. Gaffers, referees or bet takers or promoters shall not act as such in any cockfight herein authorized, without first securing a license renewable
every year on their birthmonth from the city or municipality where such cockfighting is held. Cities and municipalities may charge a tax of not more than twenty pesos. Only licensed
gaffers, referees, bet takers or promoters shall officiate in all kinds of cockfighting authorized in this Decree.
Section 8. Penal Provisions. Any violation of the provisions of this Decree and of the rules and regulations promulgated by the Chief of Constabulary pursuant thereto shall be
punished as follows:
a. By prision correccional in its maximum period and a fine of two thousand pesos, with subsidiary imprisonment in case of insolvency, when the offender is the financer, owner,
manger or operator of cockpit, or the gaffer, referee or bet taker in cockfights; or the offender is guilty of allowing, promoting or participating in any other kind of gambling in the
premises of cockfights during cockfights.
b. By prision correccional or a fine of not less than six hundred pesos nor more than two thousand pesos or both, such imprisonment and fine at the discretion of the court, with
subsidiary imprisonment in case of insolvency, in case of any other offender.
Chapter Two
Offenses Against Decency and Good Customs
200: Grave Scandal
That offender performs an act/s

That such act/s be highly scandalous as offending
against decency or good customs
That the highly scandalous conduct is not expressly
falling within any Art in the ROC
That the act/s complained of be committed in a public Committed in a private place
place or within the public knowledge or view
Still 200 provided within

the public knowledge of
pahina. 52

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
view
201: Immoral
doctrines, obsence
publications and
exhibitions and
indecent shows
202: vagrants and
Acts punished
1.
Those who shall publicly expound or proclaim
doctrines openly contrary to public morals;
2.
a.
The authors of obscene literature,
published with their knowledge in any form, the
editors publishing such literature; and the
owners/operators of the establishment selling the
same;
Mere possession
No crime
If printers name is NOT

divulged
Art 200 and Illegal

publication
b.
Those who, in theaters, fairs,
cinematographs, or any other place, exhibit indecent
or immoral plays, scenes, acts, or shows, it being
understood that the obscene literature or indecent or
immoral plays, scenes, acts or shows, whether live or
in film, which are proscribed by virtue hereof, shall
include those which: (1) glorify criminals or condone
crimes; (2) serve no other purpose but to satisfy the
market for violence, lust or pornography; (3) offend
any race, or religion; (4) tend to abet traffic in and
use of prohibited drugs; and (5) are contrary to law,
public order, morals, good customs, established
policies, lawful orders, decrees and edicts; and
Casual or occasional act of

giving
Not crime
Mere nudity in pictures or

paintings
No crimes
Employs a child.
RA 7619 Section 9
3.
Those who shall sell, give away, or exhibit
films, prints, engravings, sculptures, or literature which
are offensive to morals.
REPUBLIC ACT NO. 10158:
pahina. 53

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
prostitutes
AN ACT DECRIMINALIZING VAGRANCY, AMENDING

FOR THIS PURPOSE ARTICLE 202 OF ACT NO. 3815,
AS AMENDED, OTHERWISE KNOWN AS THE REVISED
PENAL CODE
RA No. 9208
AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL
MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER:
Section 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas
employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or
debt bondage;
(b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any
Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution,
pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution,
pornography, sexual exploitation, forced labor or slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for
prostitution, pornography or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
(f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary
servitude or debt bondage;
(g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose
of removal or sale of organs of said person; and
(h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.
Section 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered or fake counseling certificates, registration stickers and certificates of any government
agency which issues these certificates and stickers as proof of compliance with government regulatory and pre-departure requirements for the purpose of
promoting trafficking in persons;
pahina. 54

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
(c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing, broadcasting or distribution by any means, including
the use of information technology and the internet, of any brochure, flyer, or any propaganda material that promotes trafficking in persons;
(d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of clearances and necessary exit documents from
government agencies that are mandated to provide pre-departure registration and services for departing persons for the purpose of promoting trafficking
in persons;
(e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local airports, territorial boundaries and seaports
who are in possession of unissued, tampered or fraudulent travel documents for the purpose of promoting trafficking in persons;
(f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of trafficked persons in furtherance of trafficking
or to prevent them from leaving the country or seeking redress from the government or appropriate agencies; and
(g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a condition of involuntary servitude, forced
labor, or slavery.
Section 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:
(a) When the trafficked person is a child;
(b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country Adoption Act of 1995" and said adoption is for
the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a syndicate if carried out by a group of three (3) or
more persons conspiring or confederating with one another. It is deemed committed in large scale if committed against three (3) or more persons,
individually or as a group;
(d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is
committed by a public officer or employee;
(e) When the trafficked person is recruited to engage in prostitution with any member of the military or law enforcement agencies;
(f) When the offender is a member of the military or law enforcement agencies; and
(g) When by reason or on occasion of the act of trafficking in persons, the offended party dies, becomes insane, suffers mutilation or is afflicted with Human
Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency Syndrome (AIDS).
Title Seven
Crimes Committed by Public Officers
pahina. 55

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Chapter One
Preliminary Provisions
203: Who are Public
Officers
Taking part in the performance of public functions in

the govt or performing in said govt or in any of its
branches public duties as employee, agent, or
subordinate official, of any rank or class
That his authority to take part in the performance of
public functions or to performs public duties must be:
a) by direct provision of law
b) by popular election
c) by appointment by competent authority
Temporary performance of
public functions by a laborer
Public officer
Chapter Two
Malfeasance and Misfeasance in Office
Section One: Dereliction of Duty
204: knowingly
redering unjust
judgment
205: Judgment
rendered through
negligence
Offender is a judge
Judge of a collegiate court
He renders a judgment in a case submitted to him for

decision
That the judgment is unjust ( there must be SC decision)
That the judge knows that his judgment is unjust
Mere error in good faith
Offender is a judge
He renders a judgment in a case submitted to him for
decision
That the judgment is manifestly unjust ( no need SC
decision)
That it is due to his inexcusable negligence or
Abuse of discretion or mere
Art 204 has no

application
No crime
No crime
pahina. 56

Crime ONE
Modified
ELEMENTS

206: Unjust
interlocutory order
207: Malicious delay

in the administration
of justice
208: Prosecution of
offenses; negligence
and tolerance
ignorance
Offender is a judge
He performs any of the following acts:
a) knowingly renders unjust interlocutory order or
decree
b) renders a manifestly unjust interlocutory order or
decree through in excusable negligence or ignorance
Offender is a judge
There is a proceeding in court
He delays the administration of justice
The delay is malicious, that is, the delay is caused by
the judge with the deliberate intent to inflict damage
on either party in the case
Offender is a public officer or officer of the law who
has a duty to cause the prosecution of or to prosecute
offenses
That knowing the commission of the crime,
a) he does not cause the prosecution of the criminal or
b) knowing that a crime is about to be committed he
tolerates its commission
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
error
Without malice
No crime
Without malice BUT with gross

negligence
RA 2019 Sec 3(e)
Officer who has custody of

Dereliction of duty
accused and assists in escape (
act of accessory)
Person who solicits, accepts, or
agrees to accept any benefit
in consideration of abstaining
from, discounting or impeding
the prosecution
PD 1829. Obstruction of
justice
That offender act with malice and deliberate intent to

favor the violator of law
209: betrayal of trust
by an attorney or
Act punished:
pahina. 57

Crime ONE
solicitor revelation of
secrets
Modified
ELEMENTS
Crime
TWO
If not damage caused
Administratively or civilly
liable
2. revealing any secret of his client learned by him in

his professional capacity
No damage
Still Art 209 2nd mode
3. undertaking the defense of the opposing party in

the same case without the consent of his first client
after having undertaken the defense of said first
client or after having received confidential
information from said client
With clients consent
No crime
1. causing damage to his client, either:

a) by any malicious breach of professional duty OR
b) inexcusable negligence or ignorance
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Section Two: Bribery

210: Direct bribery

That the offender accepts an offer or promise or
receives a gift or preent by himelf or through another
Such offer/ promise be accepted or gift or present
received by the public officer
a) with a view to committing some crime
Mere agreement
Agreed and committed the
crime
Consummated DB 1st mode

Consummated DB 1st mode +
crime committed
b) in consideration of the execution of an act which

does not constitute a crime, but the act must be unjust
acceptance
If not accepted
Consummated DB 2nd mode

Person who offered shall be
liable attempted corruption
of pub off
pahina. 58

Crime ONE
211: Indirect Bribery
c) to refrain from doing something which it is his

official duty to do
That the act which the offender agrees to perform or
which he executes be connected with the performance
of his official duties.
He accepts gift
That said gifts are offered to him by reason of his
office
Modified
ELEMENTS
Crime
TWO
Mere agreement
Amounts to crime by omission
Consummated DB 3rd mode

Consummated DB 1st mode
Acceptance
Consummated IB
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Sort of agreement
IB
Agreement
DB
No agreement
IB
MAKING IT PUNISHABLE FOR PUBLIC OFFICIALS AND EMPLOYEES TO RECEIVE,
AND FOR PRIVATE PERSONS TO GIVE, GIFTS ON ANY OCCASION, INCLUDING CHRISTMAS
PD 46
211-A: Qualified
bribery
212: Corruption of
Public Officials
make it punishable for any public official or employee, whether of the national or local governments, to receive, directly or indirectly, and for private
persons to give, or offer to give, any gift, present or other valuable thing to any occasion, including Christmas, when such gift, present or other valuable
thing is given by reason of his official position, regardless of whether or not the same is for past favor or favors or the giver hopes or expects to receive a
favor or better treatment in the future from the public official or employee concerned in the discharge of his official functions. Included within the prohibition
is the throwing of parties or entertainments in honor of the official or employees or his immediate relatives
That the offender is a public officer entrusted with
law enforcement
Offender refrains from arresting or prosecuting an
Offender who has committed
Art 208 Prosecution of
offender who has committed a crime punishable by
less than reclusion perpetua
offenses; negligence and
reclusion perpetua to death
tolerance AND DB
That offender refrains from arresting or prosecuting
the offender in consideration of any promise, gift, or
present.
That the offender makes offers or promises or give
gifts or presents to a public officer
pahina. 59

Crime ONE
Modified
ELEMENTS

That the offers or promises are made or the gifts or
presents given to a public officer, under the
circumstances that will make the public officer liable
for direct/ indirect bribery
PD 749
Crime
TWO
Officer accepts
Attempted
Officers rejects
Attempted
PD 749 (informant)
Immune from prosecution
False
Art 212
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Presidential Decree No. 749 (ORTEGA notes)

The decree grants immunity from prosecution to a private person or public officer who shall voluntarily give information and testify in a case of bribery or in
a case involving a violation of the Anti-graft and Corrupt Practices Act.
It provides immunity to the bribe-giver provided he does two things:
(1)
(2)
He voluntarily discloses the transaction he had with the public officer constituting direct or indirect bribery, or any other corrupt transaction;
He must willingly testify against the public officer involved in the case to be filed against the latter.
Before the bribe-giver may be dropped from the information, he has to be charged first with the receiver. Before trial, prosecutor may move for dropping
bribe-giver from information and be granted immunity. But first, five conditions have to be met:
(1)
(2)
(3)
(4)
(5)
Information must refer to consummated bribery;

Information is necessary for the proper conviction of the public officer involved;
That the information or testimony to be given is not yet in the possession of the government or known to the government;
That the information can be corroborated in its material points;
That the information has not been convicted previously for any crime involving moral turpitude.
These conditions are analogous to the conditions under the State Witness Rule under Criminal Procedure.
The immunity granted the bribe-giver is limited only to the illegal transaction where the informant gave voluntarily the testimony. If there were other
transactions where the informant also participated, he is not immune from prosecution. The immunity in one transaction does not extend to other transactions.
pahina. 60

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
The immunity attaches only if the information given turns out to be true and correct. If the same is false, the public officer may even file criminal and civil
actions against the informant for perjury and the immunity under the decree will not protect him.
RA 3019
Anti Graft and Corrupt Practices Act
(0RTEGA notes)
Republic Act No. 3019 (Anti-Graft and Corrupt Practices Act)
The mere act of a public officer demanding an amount from a taxpayer to whom he is to render public service does not amount to bribery, but will amount to a violation of the Antigraft and Corrupt Practices Act.
Illustration:
A court secretary received P500 .00 from a litigant to set a motion for an early hearing. This is direct bribery even if the act to be performed is within his official duty so long as he
received a consideration therefor.
If the secretary persuaded the judge to make a favorable resolution, even if the judge did not do so, this constitutes a violation of Anti-Graft and Corrupt Practices Act, Sub-Section A.
Under the Anti-Graft and Corrupt Practices Act, particularly Section 3, there are several acts defined as corrupt practices. Some of them are mere repetitions of the act already penalized
under the Revised Penal Code, like prohibited transactions under Article 215 and 216. In such a case, the act or omission remains to be mala in se.
But there are acts penalized under the Anti-Graft and Corrupt Practices Act which are not penalized under the Revised Penal Code. Those acts may be considered as mala prohibita.
Therefore, good faith is not a defense.
Illustration:
Section 3 (e) of the Anti-Graft and Corrupt Practices Act causing undue injury to the government or a private party by giving unwarranted benefit to the party whom does not deserve
pahina. 61

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
the same.
In this case, good faith is not a defense because it is in the nature of a malum prohibitum. Criminal intent on the part of the offender is not required. It is enough that he performed the
prohibited act voluntarily. Even though the prohibited act may have benefited the government. The crime is still committed because the law is not after the effect of the act as long as the
act is prohibited.
Section 3 (g) of the Anti-Graft and Corrupt Practices Act where a public officer entered into a contract for the government which is manifestly disadvantageous to the government even
if he did not profit from the transaction, a violation of the Anti-Graft and Corrupt Practices Act is committed.
If a public officer, with his office and a private enterprise had a transaction and he allows a relative or member of his family to accept employment in that enterprise, good faith is not a
defense because it is a malum prohibitum. It is enough that that the act was performed.
Where the public officer is a member of the board, panel or group who is to act on an application of a contract and the act involved one of discretion, any public officer who is a member
of that board, panel or group, even though he voted against the approval of the application, as long as he has an interest in that business enterprise whose application is pending before
that board, panel or group, the public officer concerned shall be liable for violation of the Anti-Graft and Corrupt Practices Act. His only course of action to avoid prosecution under the
Anti-graft and Corrupt Practices Act is to sell his interest in the enterprise which has filed an application before that board, panel or group where he is a member. Or otherwise, he should
resign from his public position.
Illustration:
Sen. Dominador Aytono had an interest in the Iligan Steel Mills, which at that time was being subject of an investigation by the Senate Committee of which he was a chairman. He was
threatened with prosecution under Republic Act No. 3019 so he was compelled to sell all his interest in that steel mill; there is no defense. Because the law says so, even if he voted against
it, he commits a violation thereof.
These cases are filed with the Ombudsman and not with the regular prosecutors office. Jurisdiction is exclusively with the Sandiganbayan. The accused public officer must be suspended
when the case is already filed with the Sandiganbayan.
Under the Anti-Graft and Corrupt Practices Act, the public officer who is accused should not be automatically suspended upon the filing of the information in court. It is the court which will
order the suspension of the public officer and not the superior of that public officer. As long as the court has not ordered the suspension of the public officer involved, the superior of that
public officer is not authorized to order the suspension simply because of the violation of the Anti-Graft and Corrupt Practices Act. The court will not order the suspension of the public
pahina. 62

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
officer without first passing upon the validity of the information filed in court. Without a hearing, the suspension would be null and void for being violative of due process.
Illustration:
A public officer was assigned to direct traffic in a very busy corner. While there, he caught a thief in the act of lifting the wallet of a pedestrian. As he could not leave his post, he
summoned a civilian to deliver the thief to the precinct. The civilian agreed so he left with the thief. When they were beyond the view of the policeman, the civilian allowed the thief to go
home. What would be the liability of the public officer?
The liability of the traffic policeman would be merely administrative. The civilian has no liability at all.
Firstly, the offender is not yet a prisoner so there is no accountability yet. The term prisoner refers to one who is already booked and incarcerated no matter how short the time may be.
The policeman could not be said as having assisted the escape of the offender because as the problem says, he is assigned to direct traffic in a busy corner street. So he cannot be
considered as falling under the third 3rd paragraph of Article 19 that would constitute his as an accessory.
The same is true with the civilian because the crime committed by the offender, which is snatching or a kind of robbery or theft as the case may be, is not one of those crimes mentioned
under the third paragraph of Article 19 of the Revised Penal Code.
Where the public officer is still incumbent, the prosecution shall be with the Ombudsman.
Where the respondent is separated from service and the period has not yet prescribed, the information shall be filed in any prosecutions office in the city where the respondent resides.
The prosecution shall file the case in the Regional Trial Court unless the violation carries a penalty higher than prision correccional, in which case the Sandiganbayan has jurisdiction.
The fact that the government benefited out of the prohibited act is no defense at all, the violation being mala prohibita.
Section 3 (f) of the Anti-Graft and Corrupt Practices Act where the public officer neglects or refuses to act on a matter pending before him for the purpose of obtaining any pecuniary
or material benefit or advantage in favor of or discriminating against another interested party.
The law itself additionally requires that the accuseds dereliction, besides being without justification, must be for the purpose of obtaining from any person interested in the matter some
pecuniary or material benefit or for the purpose of favoring any interested party, or discriminating against another interested party. This element is indispensable.
pahina. 63

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
In other words, the neglect or refusal to act must motivated by gain or benefit, or purposely to favor the other interested party as held in Coronado v. SB, decided on August 18, 1993.
RA 7080
Anti- Plunder Act
(ORTEGA notes)
Plunder is a crime defined and penalized under Republic Act No. 7080, which became effective in 1991. This crime somehow modified certain crimes in the Revised Penal Code
insofar as the overt acts by which a public officer amasses, acquires, or accumulates ill-gotten wealth are felonies under the Revised Penal Code like bribery (Articles 210, 211,
211-A), fraud against the public treasury [Article 213], other frauds (Article 214), malversation (Article 217), when the ill-gotten wealth amounts to a total value of
P50,000,000.00. The amount was reduced from P75,000,000.00 by Republic Act No. 7659 and the penalty was changed from life imprisonment to reclusion perpetua to death.
Short of the amount, plunder does not arise. Any amount less than P50,000,000.00 is a violation of the Revised Penal Code or the Anti-Graft and Corrupt Practices Act.
Under the law on plunder, the prescriptive period is 20 years commencing from the time of the last overt act.
Plunder is committed through a combination or series of overt acts:
(1)
Through misappropriation, conversion, misuse, or malversation of public funds or raids on the public treasury;
(2)
By receiving, directly or indirectly, any commission, gift, share, percentage, kickbacks or any other form of pecuniary benefit from any person and/or entity in connection
with any government contract or project by reason of the office or position of the public officer;
(3)
By illegal or fraudulent conveyance or disposition of asset belonging to the national government or any of its subdivisions, agencies or instrumentalities or government-owned
or controlled corporations and their subsidiaries;
(4)
By obtaining, receiving, or accepting directly or indirectly any shares of stock, equity or any other form of interest or participation including the promise of future
employment in any business or undertaking;
(5)
By establishing agricultural, industrial, or commercial monopolies or other combinations and/or implementations of decrees and orders intended to benefit particular persons
or special interests; or
(6)
By taking undue advantage of official position, authority, relationship, connection or influence to unjustly enrich himself or themselves at the expense and to the damage and
prejudice of the Filipino people, and the Republic of the Philippines.
While the crime appears to be malum prohibitum, Republic Act No. 7080 provides that in the imposition of penalties, the degree of participation and the attendance of mitigating and
pahina. 64

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
aggravating circumstances shall be considered by the court.

Chapter Three
Frauds and Illegal Exactions and Transactions
213: Frauds against
the treasury and
similar offenses.
Acts punished
1. Frauds against the govt
Elements of frauds against
paragraph 1
Mere agreement
public treasury under Govt not actually defrauded
Consummated Art 213 a

Consummated Art 213 a
a) Offender is a public officer;

b) He has taken advantage of his office, that is, he
intervened in the transaction in his official
capacity;
c) He entered into an agreement with any interested party
or speculator or made use of any other scheme with
regard to furnishing supplies, the making of contracts, or
the adjustment or settlement of accounts relating to public
property or funds;
d) He had intent to defraud the government.
2. Illegal Exaction
3. Failing voluntarily to issue a receipt, as provided
by law, for any sum of money collected by him
officially, in the collection of taxes, licenses, fees, and
other imposts;
Mere demand
Consummated Art 213 b
Deceit was used in demand
Estafa
Tax collector who collected

sum larger and used the same
Illegal exaction and

malversation
pahina. 65

Crime ONE
4. Collecting or receiving, directly or indirectly, by
way of payment or otherwise, things or objects of a
nature different from that provided by law, in the
collection of taxes, licenses, fees, and other imposts.
Modified
ELEMENTS
Employee of BIR
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
NIRC and Admin Code

applies
Elements of illegal exactions under paragraph 2-4

a. Offender is a public officer entrusted with the
collection of taxes, licenses, fees and other imposts;
b. He is guilty of any of the following acts or
omissions:
b.1. Demanding, directly or indirectly, the payment of
sums different from or larger than those authorized
by law; or
b.2. Failing voluntarily to issue a receipt, as provided
by law, for any sum of money collected by him
officially; or
b.3. Collecting or receiving, directly or indirectly, by
way of payment or otherwise, things or objects of a
nature different from that provided by law.
214: Other frauds
215: Prohibited
Transactions

He takes advantage of his official position
He commits any of the frauds or deceits enumerated
in Art 315-318
Offender is an appointive public officer
He becomes interested, directly or indirectly, in any
transaction of exchange or speculation
That the transaction takes place within the territory
NOT A CRIME BUT A

SPECIAL
AGGRAVATING
CIRCUMSTANCE
pahina. 66

Crime ONE
216: Possession of
prohibited interest by
a public officer
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
subject to his jurisdiction

That he becomes interested in the transaction during
his incumbency
Persons liable
1. Public officer who, directly or indirectly, became interested in any contracts or business in which it was his official duty to intervene;
2. Experts, arbitrators, and private accountants who, in like manner, took part in any contract or transaction connected with the estate or property in the
appraisal, distribution or adjudication of which they had acted;
3. Guardians and executors with respect to the property belonging to their wards or the estate.
Chapter Four
Malversation of Public Funds or Property
217: Malversation of
Public Funds or
Property
Acts punished
Not demand from govt
Still 217
1. Appropriating public funds or property;
No damage to govt
Still 217
AKA embezzlement
2. Taking or misappropriating the same;
Return of funds
malversed is only
MC not EC.
3. Consenting, or through abandonment or negligence,

permitting any other person to take such public funds
or property; and
4. Being otherwise guilty of the misappropriation or
malversation of such funds or property.
Elements common to all acts of malversation under
pahina. 67

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Article 217
1. Offender is a public officer;
2. He had the custody or control of funds or property
by reason of the duties of his office;
3. Those funds or property were public funds or
property for which he was accountable;
4. He appropriated, took, misappropriated or
consented or, through abandonment or negligence,
permitted another person to take them.
218: Failure of
Offender is a public officer, whether in the service of
Accountable officer to separated
render accounts
He must be an accountable officer for public funds or
property
He is required by law or regulation to render
accounts to the CoA or to provincial auditor
Fails to do so for a period of two mos after such
accounts should be rendered
219: Failure of
responsible Public
That he must be an accountable officer for public
officer to render
funds or property
accounts before
He must have unlawfully left Ph without securing from
leaving the country
the CoA a certificate showing that his accounts have
been finally settled
220: illegal use of
public funds or
That there is a public property under his
No demand to render account

made by govt
Misappropriates
Still 218
At the point of leaving
Still 219
Art 217 Malversation
pahina. 68

Crime ONE
Modified
ELEMENTS

property
AKA Technical
Malversation
221: Failure to make

delivery of public
funds or property
222: Officers
included in the
preceding provisions
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
administration
That there is a public fund or property has been
appropriated by law of ordinance for a particular
purpose
That he applies the same to a public use other than
that for which such fund or property has been
appropriated by law or ordinance
Acts punished
1. Failing to make payment by a public officer who is
under obligation to make such payment from
government funds in his possession;
Elements of failure to make payment
1. Public officer has government funds in his
possession;
2. He is under obligation to make payment from such
funds;
3. He fails to make the payment maliciously.
2. Refusing to make delivery by a public officer who
has been ordered by competent authority to deliver
any property in his custody or under his
administration.
1. private individuals who, in any capacity whatsoever, have charge of any national, provincial, or municipal funds, revenue, or property
2. administrator or depository of funds or property attached, seized, or deposited by public authority even if such property belongs to a private individual
Chapter Five
Infidelity of Public Prisoners
223: Conniving with
That the offender is a public officer
pahina. 69

Crime ONE
or consenting to
evasion
224: Evasion through

negligence
225: escape of
prisoner under the
custody of a person
NOT a public officer
That he has in his custody of charge, a prisoner either

detention prisoner or prisoner by final judgment
That such prisoner escaped from his custody
That he was in connivance with the prisoner in the
latters escape.
That he is charged with the conveyance or custody of
a prisoner, either detention prisoner or prisoner by
final judgment
That such prisoner escapes through his negligence.
Offender is a private person

That the conveyance or custody of a prisoner or
person under arrest is confided to him
That the prisoner/ person under arrest escapes
That the offender consents to the escape of the
escapee ot the escape takes place through his
negligence.
Modified
ELEMENTS
Escaped due to leniency or

laxity
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Not infidelity but Art

224
Liability of
escaping
prisoner:
a) if serving
sentence by
final judgment:
Art 157
b) detention
prisoner: none
Guard falls asleep on duty
224
Not confided. But priv indvl

himself made the arrest
No crime
Not excused by
recapturing the
escapee
Section Two: Infidelity in the Custody of Documents

226: Removal,
Concealment or
Destruction of
Documents
That he removes conceals or destroys documents or

Private individual- with

damage cause
Estafa
Private individual- without

damage caused
Merely done to alarm the
Malicious mischief
Atil Art 226
pahina. 70

Crime ONE
papers for illicit purpose ( tamper, profit, breach of
trust of public officer)
227: Officer
breaking seal
228: Opening Closed

documents
That the said documents or papers should have been

entrusted to such public interest should have been
caused
That the damage, won serious, to a third party or to
the public interest should have been caused
That he is charhed with the custody of papers or
property
That these papers or property are sealed by proper
authority and
He breaks the seals or permits them to be broken
That any closed paper, documents, or objects are
entrusted in his custody by reason of his office
That he opens or permits to be opened said closed
paper, documents, or objects
That he does not have the proper authority
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
public or in the alienation of

its confidence in any branch of
the govt services
No damage/ intent
Still Art 227
If no damage of intent
Still Art 228
If in opening closed items, the

public officer broke the seal
Art 227.
Section Three: Revelation of Secrets

229: revelation of
secrets by an officer
Acts punished:
First: Revealing any secrets known to the offending
public officer by reason of his official capacity;
Elements
2. He knows of a secret by reason of his official
pahina. 71

Crime ONE
capacity;
3. He reveals such secret without authority or
justifiable reasons;
4. Damage, great or small, is caused to the public
interest.
Second: Delivering wrongfully papers or copies of
papers of which he may have charge and which
should not be published.
230: Public Officer

revealing secrets of
private individual
Elements
2. He has charge of papers;
3. Those papers should not be published;
4. He delivers those papers or copies thereof to a
third person;
5. The delivery is wrongful;
6. Damage is caused to public interest.
Offender is public officer
Modified
ELEMENTS
Crime
TWO
There is no damage
RA 3019 Sec 3(k)
Public officer is merely

entrusted
Not Art 229
Lawyer
Art 209
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Private individual Art 290 or

Art 291
That he knows of the secrets of a private individual
by reason of his office
That he reveals such secrets without authority or
justifiable reason
Reveals to ne person
Art 230 consummated
Chapter Six
Other Offenses or Irregularities by Public Officers
Section One: Disobedience, Refusal or Assistance and Maltreatment of Prisoners
pahina. 72

Crime ONE
231: Open
Disobedience
232: Disobedience to
order of superior
officer when said
order was suspended
by inferior officer
233: Refusal of
assistance
234: Refusal to
discharge
That the offender is a judicial or executive officer

That there is a judgment, decision, or order of a
superior authority
That such judgment, decision, or order was made
within the scope of the jurisdiction of the superior
authority and issued with all legal formalities
The offender without any legal justification openly
refuses to execute said judgment, decision, or order
which he is duty bound to obey
That an order is issued by his superior for execution
That he has for any reason suspended the execution
of such order
That his superior disapproves the suspension of the
execution of the order
That the offender disobeys his superior despite the
disapproval of the suspension
Offender is a public Officer
That a competent authority demands from the
offender that he lend his cooperation towards the
administration of justice or other public service
That the offender maliciously disobeys
There must be damage to public interest or to a third
party
Offender is a public officer elected by popular
election to a public office
that he refuses to be sworn in ot to discharge the
duties of said office
That there is no legal motive for such refusal to be
Modified
ELEMENTS
Crime
TWO
Order or superior is illegal
Not 232
Private individual
Contempt
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
pahina. 73

Crime ONE
235: maltreatment of
prisoners
RA no. 9745
sworn in or to discharge the duties of said office

That he has under his charge a prisoner convicted by
final judgment or a detention prisoner
That he maltreats such prisoner in either of the
following manner:
a) by overdoing himself in the correction of handling
or a prisoner or detention prisoner under his charge
either
a.1) by the imposition of punishments not authorized
by the regulations
a.2) by inflicting such punishments ( those authorized)
in a cruel and humiliating manner
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
IN ADDITION,
physical
injuries.
Note: there is
no complex
crime of
maltreatment
of prisoners
with serious or
less serious
physical injuries
b) by maltreating such prisoner to extort a confession

ot to obtain some information from the prisoner
Anti Torture Act of 2009
Section 4. Acts of Torture. - For purposes of this Act, torture shall include, but not be limited to, the following:
(a) Physical torture is a form of treatment or punishment inflicted by a person in authority or agent of a person in authority upon another in his/her custody
that causes severe pain, exhaustion, disability or dysfunction of one or more parts of the body, such as:
(1) Systematic beating, headbanging, punching, kicking, striking with truncheon or rifle butt or other similar objects, and jumping on the stomach;
(2) Food deprivation or forcible feeding with spoiled food, animal or human excreta and other stuff or substances not normally eaten;
(3) Electric shock;
(4) Cigarette burning; burning by electrically heated rods, hot oil, acid; by the rubbing of pepper or other chemical substances on mucous membranes, or
acids or spices directly on the wound(s);
(5) The submersion of the head in water or water polluted with excrement, urine, vomit and/or blood until the brink of suffocation;
(6) Being tied or forced to assume fixed and stressful bodily position;
(7) Rape and sexual abuse, including the insertion of foreign objects into the sex organ or rectum, or electrical torture of the genitals;
(8) Mutilation or amputation of the essential parts of the body such as the genitalia, ear, tongue, etc.;
pahina. 74

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
(9) Dental torture or the forced extraction of the teeth;

(10) Pulling out of fingernails;
(11) Harmful exposure to the elements such as sunlight and extreme cold;
(12) The use of plastic bag and other materials placed over the head to the point of asphyxiation;
(13) The use of psychoactive drugs to change the perception, memory. alertness or will of a person, such as:
(i) The administration or drugs to induce confession and/or reduce mental competency; or
(ii) The use of drugs to induce extreme pain or certain symptoms of a disease; and
(14) Other analogous acts of physical torture; and
(b) "Mental/Psychological Torture" refers to acts committed by a person in authority or agent of a person in authority which are calculated to affect or
confuse the mind and/or undermine a person's dignity and morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or his/fher relative(s) with bodily harm, execution or other wrongful acts;
(3) Confinement in solitary cells or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a "show trial", public display or public humiliation of a detainee or prisoner;
(6) Causing unscheduled transfer of a person deprived of liberty from one place to another, creating the belief that he/she shall be summarily executed;
(7) Maltreating a member/s of a person's family;
(8) Causing the torture sessions to be witnessed by the person's family, relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as stripping the person naked, parading him/her in public places, shaving the victim's head or putting marks on his/her body
against his/her will;
(11) Deliberately prohibiting the victim to communicate with any member of his/her family; and
(12) Other analogous acts of mental/psychological torture.
Section 5. Other Cruel, Inhuman and Degrading Treatment or Punishment. - Other cruel, inhuman or degrading treatment or punishment refers to a deliberate
and aggravated treatment or punishment not enumerated under Section 4 of this Act, inflicted by a person in authority or agent of a person in authority
against another person in custody, which attains a level of severity sufficient to cause suffering, gross humiliation or debasement to the latter. The assessment
of the level of severity shall depend on all the circumstances of the case, including the duration of the treatment or punishment, its physical and mental
effects and, in some cases, the sex, religion, age and state of health of the victim.
pahina. 75

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Section 6. Freedom from Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, An Absolute Bight. - Torture and other cruel, inhuman and
degrading treatment or punishment as criminal acts shall apply to all circumstances. A state of war or a threat of war, internal political instability, or any
other public emergency, or a document or any determination comprising an "order of battle" shall not and can never be invoked as a justification for torture
and other cruel, inhuman and degrading treatment or punishment.
Section 7. Prohibited Detention. - Secret detention places, solitary confinement, incommunicado or other similar forms of detention, where torture may be
carried out with impunity. Are hereby prohibited.
In which case, the Philippine National Police (PNP), the Armed Forces of the Philippines (AFP) and other law enforcement. agencies concerned shall make an
updated list of all detention centers and facilities under their respective jurisdictions with the corresponding data on the prisoners or detainees incarcerated
or detained therein such as, among others, names, date of arrest and incarceration, and the crime or offense committed. This list shall be made available to
the public at all times, with a copy of the complete list available at the respective national headquarters of the PNP and AFP. A copy of the complete list
shall likewise be submitted by the PNP, AFP and all other law enforcement agencies to the Commission on Human Rights (CHR), such list to be periodically
updated, by the same agencies, within the first five (5) days of every month at the minimum. Every regional office of the PNP, AFP and other law
enforcement agencies shall also maintain a similar list far all detainees and detention facilities within their respective areas, and shall make the same
available to the public at all times at their respective regional headquarters, and submit a copy. updated in the same manner provided above, to the
respective regional offices of the CHR.
Section 13. Who are Criminally Liable. - Any person who actually participated Or induced another in the commission of torture or other cruel, inhuman and
degrading treatment or punishment or who cooperated in the execution of the act of torture or other cruel, inhuman and degrading treatment or punishment
by previous or simultaneous acts shall be liable as principal
Any superior military, police or law enforcement officer or senior government official who issued an order to any lower ranking personnel to commit torture
for whatever purpose shall be held equally liable as principals.
The immediate commanding officer of the unit concerned of the AFP or the immediate senior public official of the PNP and other law enforcement agencies
shall be held liable as a principal to the crime of torture or other cruel or inhuman and degrading treatment or punishment for any act or omission, or
negligence committed by him/her that shall have led, assisted, abetted or allowed, whether directly or indirectly, the commission thereof by his/her
subordinates. If he/she has knowledge of or, owing to the circumstances at the time, should have known that acts of torture or other cruel, inhuman and
degrading treatment or punishment shall be committed, is being committed, or has been committed by his/her subordinates or by others within his/her area
of responsibility and, despite such knowledge, did not take preventive or corrective action either before, during or immediately after its commission, when
he/she has the authority to prevent or investigate allegations of torture or other cruel, inhuman and degrading treatment or punishment but failed to
prevent or investigate allegations of such act, whether deliberately or due to negligence shall also be liable as principals.
pahina. 76

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Any public officer or employee shall be liable as an accessory if he/she has knowledge that torture or other cruel, inhuman and degrading treatment or
punishment is being committed and without having participated therein, either as principal or accomplice, takes part subsequent to its commission in any of
the following manner:
(a) By themselves profiting from or assisting the offender to profit from the effects of the act of torture or other cruel, inhuman and degrading treatment or
punishment;
(b) By concealing the act of torture or other cruel, inhuman and degrading treatment or punishment and/or destroying the effects or instruments thereof in
order to prevent its discovery; or(c) By harboring, concealing or assisting m the escape of the principal/s in the act of torture or other cruel, inhuman and
degrading treatment or punishment: Provided, That the accessory acts are done with the abuse of the official's public functions.
Section 15. Torture as a Separate and Independent Crime. - Torture as a crime shall not absorb or shall not be absorbed by any other crime or felony
committed as a consequence, or as a means in the conduct or commission thereof. In which case, torture shall be treated as a separate and independent
criminal act whose penalties shall be imposable without prejudice to any other criminal liability provided for by domestic and international laws.
Section Two: Anticipation, Prolongation and Abandonment of the Duties and Powers of Public Office
236: Anticipation of
duties of public office
That the offender is entitled to hold a public office or

employment, by election or appointment
That the law requires that he should first be sworn in
and/or should first five a bond
That he assumes the performance of the duties and
powers of such office
That he has not yet taken his oath of office and/or
given the bond required by law
237: Prolonging
That the offender is holding a public office
performance of duties That the period provided by law, regulation or
and powers
special provision for holding such office, has already
expired
That he continues to exercise the duties and powers of
such office
238: Abandonment of Offender is a public officer
pahina. 77

Crime ONE
Office
That he formally resigns from his position. Written or

formal resignation
That his resignation has not yet been accepted
That he abandons his office to the detriment of public
service
Modified
ELEMENTS
Crime
TWO
Purpose is to evade the

discharge of the duties
preventing, prosecuting or
punishing any crimes falling
within Title 1 AND Chap 1
Title 3 of Book 2 of RPC
Qualified Abandonment
of Office
Does not abandon office but

fails to prosecute an offense
Art 208
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Section Three: Usurpation of Powers and Unlawful Appointments

239: Usurpation of
Legislative Powers
240: Usurpation of
executive functions
241: Usurpation of
judicial functions
Offender is an executive or judicial officer

That he:
a) makes general rules or regulations beyond the
scope of his authority
b) attempts to repeal a law
c) suspends the execution thereof
Offender is a judge
That he:
a) assumes a power pertaining to the executive
authorities
b) obstructs the executive authorities in the lawful
exercise of their powers
Offender is an officer of the executive banch of the
govt
That he:
Legislative officers
No crime
pahina. 78

Crime ONE
242: Disobeying
requests for
disqualification
243: Orders or
requests by the
executive officers to
any judicial authority
244: Unlawful
appointments
Modified
ELEMENTS
a) assumes judicial powers

b) obstructs the execution of any order or decision
rendered by any judge within his jurisdiction
That a proceeding is pending before such public
officer
That there is a question brought before the proper
authority regarding his jurisdiction, which is not yet
decided
That he has been lawfully required to refrain from
continuing the proceeding
The he continues the proceeding
Offender is an executive officer
That he addresses any order or suggestion to any
judicial authority
That the or suggestion relates to any case or business
coming within the exclusive jurisdiction of the courts of
justice
That he nominates or appoints a person to a public
recommends
office
That such person lacks the legal qualifications
therefore
That the offender knows that his nominee or
appointee lacks the qualifications at the time he made
the nomination or appointment
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
No crime
Section Three: Abuses Against Chastity

245: Abuses against
1.Offender is a public officer;
RA 7877
pahina. 79

Crime ONE
Modified
ELEMENTS

chastity- penalties
2. He solicits or makes immoral or indecent advances

to a woman;
3. Such woman is
a.
interested in matters pending before the
offender for decision, or with respect to which he is
required to submit a report to or consult with a
superior officer; or
b.
under the custody of the offender who is a
warden or other public officer directly charged with
the care and custody of prisoners or persons under
arrest; or
c.
the wife, daughter, sister or relative within the
same degree by affinity of the person in the custody
of the offender.
Crime
TWO
Mere proposal
Consummated Art 245
mother
Not 245
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Anti-Sexual
Harassment Act
of 1995
Title Eight
Crimes Against Persons
Section One: Parricide, Murder, Homicide
246: Parricide
A person is killed
That the deceased is killed by the accused
stranger
Murder/ homicide
Parricide
through
pahina. 80

Crime ONE
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, or the accused
247: Death of
Physical Injuries
inflicted under
exceptional
circumstances
248: murder
A legally married person or a parent surprises his sps

or his daughter, the latter under 18 yo and living with
him, in the act of committing sexual intercourse with
another person.
That hr or she kills ANY or BOTH of them, or inflicts
upon any or both of them any serious physical injury,
in the act or immediately thereafter
That he has not promoted or facilitated the
prostitution of his wife of daughter, of that he or she
has not consented to the infidelity of the other sps
A person was killed;
Accused killed him;
3.
The killing was attended by any of the
following qualifying circumstances
a. With treachery, taking advantage of superior
strength, with the aid or armed men, or employing
Modified
ELEMENTS
Crime
TWO
Child less than 3 days
Infanticide
Does not know f/ mo/ child/

sps/ etc
Still Art 246
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
negligence
(365)
Parricide by
mistake (249)
Decased: adopted child

Accused: adopter
Accused/ deceased: other
legit ascendants
Parricide
Homicide/ murder
Preparatory acts to sex
Not 247
Causes less serious or slight

physical injuries suffered by
3rd persons
No liability
Parricide under
exceptional
circumstances
(247)
Qualifying AC: any

from a-f
Absent QAC
homicide
Where there are

more than one
qualifiying
circumstances, only
pahina. 81

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
means to waken the defense, or of means or persons

to insure or afford impunity;
c. By means of inundation, fire, poison, explosion,

shipwreck, stranding of a vessel, derailment or assault
upon a railroad, fall of an airship, by means of motor
vehicles, or with the use of any other means involving
great waste and ruin;
When the other

circusmatces are
absorbed in one
QAC, they cannot be
considered as GAC.
d. On occasion of any of the calamities enumerated in

the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone, epidemic,
or any other public calamity;
Any of the QAC must

be alleged in the
information.
e. With evident premeditation;
Use of unlicensed
firearm is considered
a QAC.
f. With cruelty, by deliberately and inhumanly

augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.
249: Homicide
Treachery and
evident premed are
inherent in murder.
The killing is not parricide or infanticide.
A person is killed
I- inherent
A- aggravating
one will qualify the

killing the rest will be
considered generic
aggravating
circumstances.
b. In consideration of a price, reward or promise;
4.
Circumstances
There is not
Use of poison is
inherent when there
is intent to kill and it
is used as means to
kill.
Use of unlicensed
pahina. 82

Crime ONE
Accidental homicide
250: Penalty for
frustrated PMH
PD 1110-A
251: Death caused in
a tumultuous affray
252: Physical injuries
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
That the accused killed him without any justifying

crime of
firearms is not AC
circumstances
frustrated
and is NOT to be
homicide
considered as a
That the accused has the intention to kill, which is
No intent to kill
Physical injuries
through
separate offense.
presumed
imprudence.
That the killing was not attended by any of the QAC
of murder, of by that of parricide or infanticide.
Death of a person brought about by a lawful act performed with proper care and skill and without homicidal intent: NOT FELONY COMMITTED
Eg. boxing bout. Provided no violation of boxing rules
Courtss discretion
Two degrees lower for frustrated
Three degrees lower for attempted
Art 250 is not mandatory
An attempt on or conspiracy against the life of the president, member of his family, any member of his cabinet or members of the latters family is
punishable by reclusion perpetua without right of probation
There be several persons
That they did not compose groups organized for the
common purpose of assaulting and attacking each
other reciprocally, otherwise, they may be held liable
as co-conspirators
These several persons quarreled and assaulted one
another in a confused and tumultuous manner ( at
least 4 persons took part)
That someone was killed in the course of affray
That it cannot be ascertained who actually killed the
deceased
That the person/s who inflicted serious physical
injuries or who used violence CAN BE IDENTIFIED
That there is a tumultuous affray as referred in Art
Distinct group with purpose of

killing certain victim/s
homicide
Participant or not
Art 251
pahina. 83

Crime ONE
inflicted in a
tumultuous affray
253: giving assistance

to suicide
254: discharge of
firearms
Modified
ELEMENTS
251
That a participant or some participants thereof suffer Not participant
serious PI or PI of less serious nature only
That the person responsible therefor cannot be
identified
That all those who appear to have used violence upon Those who inflicted PI and are
the person of the offended party ARE KNOWN
known
Acts punished:
First: by assisting another to commit suicide, whether
the suicide is consummated or not
Second: by lending his assistance to another to commit
suicide to the extent of doing the killing himself
Offender discharges a firearm against or at another
person
That the offender has no intention to kill that person
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Not 252
Liable for PI and not

252
Persons who attempts suicide
No liability even if third

person is hurt
Committed by a police officer

on duty
Gun initially pointed at victim
but not pointed at victim when
it was fired
254 inapplicable.
Fun not aimed
Alarms and scandal
Still 254
Euthanasia is
not 253 but
248. Person
killed does not
want to die.
If a person is
hit and
wounded
complex crime
of dischare of
firearm with
serious or less
serious PI
If slight PI- no
complex but
separate
crimes.
There is no
crimes of
pahina. 84

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
illegal
discharge of
firearm through
imprudence
Section Two: Infanticide and Abortion
255: infanticide
256: intentional
abortion
A child was killed

That the deceased child was less that 3 days ( 72
hours) of age
That the accused killed the child
There is a pregnant woman
That
a) wiolence is exerted
b) drugs or beverages administered
c) any act of the accused
the fetus dies, either in the womb or after having
expelled therefrom
Abortion is intended
257: Unintentional
abortion
There is a pregnant woman

Violence is used upon such pregnant woman without
intending abortion
Violence is intentional exerted
Inherent: treachery
Child born alive but could not
sustain an independent life
No crime
Fetus is less than 6 mos or full

term
Still 256
Fetus could sustain an

independent life ( intrauterine
life of NOT LESS than 7 mos)
after separation from womb
Intentional abortion + fetus
did not die
infanticide
Unintentional abortion + fetus

does not die
Physical injuries
Grave threats were made to
Complex crime of grave
Mitigating to mother
and maternal grand
parents: conceal
reputation
There is not
crime of
frustrated
unintentional
abortion
Frustrated abortion
pahina. 85

Crime ONE
As a result of the violence, the fetus dies, either in the

womb or after having been expelled therefrom
258: abortion
practiced by the
woman herself or her
parents
259: Abortion
practiced by a
physician or midwife
in dispensing
abortives
259: by a pharmacist
That there is a pregnant woman who has suffered an

abortion
That the abortion is intended
That the abortion is caused bya) pregnant woman herself
b) any other person with her consent
c) any of her parents, with her consent, for the
purpose of concealing dishonor
Modified
ELEMENTS
cause abortion
threats and intentional

abortion
Light threats
Killed wife but no evidence
that intended to kill child.
Separate crimes
Parricide with
unintentional abortion
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
MC: to conceal
dishonor
a) pregnant woman herself
b) any other person with her
consent
c) any of her parents, with her
consent, for the purpose of
concealing dishonor
in C, if purpose other than to

conceal
There is a pregnant woman who has suffered abortion Not really pregnant
Abortion is intended
Not intended ot by mistake
That the offender, who must be a physician or
midwife causes, or assists in causing the abortion
Said physician or midwife takes advantage of his or
her scientific knowledge of skill
Offender is a pharmacist
There is no proper prescription from a physician
Offender dispenses any abortive
Mere prescription
Crime
TWO
Art 258
Art 256 (person who
made it)
Art 258
Woman: mitigated.
Parents: not.
-unlike in infanticide.
Parents liable under 256

Impossible crime
No crime
Consummated 259
pahina. 86

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Section Three: Duel

260: responsibility or
participants in a duel
Acts punished:
1) killing ones adversary in a duel
Death results
2) inflicting upon such adversary physical injuries
3) making a combat although no physical injuries have
been inflicted.
261: Challenging to a Act punished:
duel
1) challenging another to a duel
If no contemplation of a duel
2) inciting another to give or accept a challenge to a
duel
3) scoffing or decrying another publicly for having
refused to accept a challenge to fight a duel
Penalty is that for

homicide.
Self defense cant be

invoked.
Not 261
Chapter Two: Physical Injuries

Mutilation
Serious Physical Injuries

1. When the injured person becomes insane, imbecile, impotent or
blind in consequence of the physical injuries inflicted;
Less Serious Physical Injuries
Slight Physical Injuries & maltreatment
2. When the injured person

1. Intentionally mutilating
another by depriving him,
either totally or partially, of
some essential organ for
reproduction;
a. Loses the use of speech or the power to hear or to smell, or

loses an eye, a hand, afoot, an arm, or a leg;
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in which he was theretofore
habitually engaged, in consequence of the physical injuries
inflicted;
2. Intentionally making other
NO SPECIAL INTENTION
The physical injuries must not

be those described in the
preceding articles.
Physical injuries which did not prevent the

offended party from engaging in his
habitual work or which did not require
medical attendance;
pahina. 87

Crime ONE
mutilation, that is, by lopping
or clipping off any part of the
body of the offended party,
other than the essential organ
for reproduction, to deprive
him of that part of his body.
There is SPECIAL INTENTION
If PI were inflicted with intent

to insult or humiliate:
- it is inherent
Modified
ELEMENTS
Crime
TWO
3. When the person injured

a. Becomes deformed; or
b. Loses any other member of his body; or
c. Loses the use thereof; or
d. Becomes ill or incapacitated for the performance of the work in
which he was habitually engaged for more than 90 days in
consequence of the physical injuries inflicted;
4. When the injured person becomes ill or incapacitated for labor
for more than 30 days (but must not be more than 90 days), as a
result of the physical injuries inflicted.
it is considered AC of ignominy in case of serious PI
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Ill-treatment of another by deed without

causing any injury.
Offended party is
incapacitated for labor for 10
days or more (but not more
than 30 days), or needs
medical attendance for the
same period of time;
It is considered in increasing
penalty in less serious PI
Physical injuries incapacitated the

offended party for labor from one to nine
days, or required medical attendance
during the same period;
It is considered separate crime of slander
by deed
Inherent: cruelty
262: Mutilation
Acts punished:
First: Intentionally mutilating another by depriving him, Victim dies
either totally or partially, of some essential organ for
reproduction;
Murder qualified by
cruelty
Elements
1. There be a castration, that is, mutilation of organs
necessary for generation, such as the penis or
ovarium;
2. The mutilation is caused purposely and
deliberately, that is, to deprive the offended party of
pahina. 88

Crime ONE
263: Serious Physical

Injuries
some essential organ for reproduction

Second: Mayhem
Intentionally making other mutilation, that is, by
lopping or clipping off any part of the body of the
offended party, other than the essential organ for
reproduction, to deprive him of that part of his body.
How committed: by
a) wounding
b) beating
c) assaulting
d) administering injurious substance
1. When the injured person becomes insane, imbecile,
impotent or blind in consequence of the physical
injuries inflicted;
2. When the injured person
a. Loses the use of speech or the power to hear or to
smell, or loses an eye, a hand, afoot, an arm, or a
leg;
b. Loses the use of any such member; or
c. Becomes incapacitated for the work in which he was
theretofore habitually engaged, in consequence of
the physical injuries inflicted;
3. When the person injured
a. Becomes deformed; or
b. Loses any other member of his body; or
c. Loses the use thereof; or
Modified
ELEMENTS
With intent to kill
Crime
TWO
Attempted or frustrated
homicide
With circumstances of
Qualified Serious PI
parricide or murder
That it was done by knowingly Art 264
administering to him any
injurious substances or
beverages or by taking
advantage of his weakness of
mind or credulity
With
OTHER
Crimes
Committed with
robbery under
2 and 3:
Special
complex crime
of robbery
with serious PIif injured is nor
responsible for
the robbery
Circumstances
I- inherent
A- aggravating
Qualifiying:
1) offense committed
against persons in
the crime of
parricide
2. with the
attendance of
circumstance which
qualifies murder
Separate- if
the injured
person is a
robber.
263 may be
committed by
reckless
imprudence or
by simple
imprudence or
negligence (
pahina. 89

Crime ONE
Modified
ELEMENTS
Crime
TWO
d. Becomes ill or incapacitated for the performance

of the work in which he was habitually engaged for
more than 90 days in consequence of the physical
injuries inflicted;
264: administering
injurious substance or
beverages
265: Less Serious
Physical injuries
4. When the injured person becomes ill or

incapacitated for labor for more than 30 days (but
must not be more than 90 days), as a result of the
physical injuries inflicted.
Offender inflicted upon another any serious PI
That it was done by knowingly administering to him
any injurious substances or beverages or by taking
advantage of his weakness of mind or credulity
That he had no intent to kill
Offended party is incapacitated for labor for 10
days or more but not more than 30 days; OR needs
medical attendance for the same period; and 10 to
30 days
The PI must not be those described in the preceding
art
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
art365)
Less serious or light PI

Does not know injurious
265/ 266
Not 264
With intent to kill

Qualified as to penalty
Frustrated murder
Qualified Less Serious PI
1. A fine not exceeding P

500.00, in addition to arresto
mayor, shall be imposed for
less serious physical injuries
when
a. There is a manifest intent to
insult or offend the injured
person; or
b.There are circumstances
adding ignominy to the
offense.
2. A higher penalty is imposed
when the victim is either
pahina. 90

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
a. The offenders parents,

ascendants, guardians,
curators or teachers; or
b. Persons of rank or person in
authority, provided the crime
is not direct assault.
266: Slight Physical
Injuries and
Maltreatment
Acts punished:
1. Physical injuries incapacitated the offended party
for labor from one to nine days, or required medical
attendance during the same period;
Supervening event
Serious or Less Serious PI
2. Physical injuries which did not prevent the offended

party from engaging in his habitual work or which did
not require medical attendance;
RA 8049
3. Ill-treatment of another by deed without causing

any injury.
The Anti-Hazing Law
Hazing -- This is any initiation rite or practice which is a prerequisite for admission into membership in a fraternity or sorority or any organization which
places the neophyte or applicant in some embarrassing or humiliating situations or otherwise subjecting him to physical or psychological suffering of injury.
These do not include any physical, mental, psychological testing and training procedure and practice to determine and enhance the physical and
psychological fitness of the prospective regular members of the below.
Organizations include any club or AFP, PNP, PMA or officer or cadet corps of the CMT or CAT.
Section 2 requires a written notice to school authorities from the head of the organization seven days prior to the rites and should not exceed three days in
duration.
Section 3 requires supervision by head of the school or the organization of the rites.
pahina. 91

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Section 4 qualifies the crime if rape, sodomy or mutilation results therefrom, if the person becomes insane, an imbecile, or impotent or blind because of such,
if the person loses the use of speech or the power to hear or smell or an eye, a foot, an arm or a leg, or the use of any such member or any of the serious
physical injuries or the less serious physical injuries. Also if the victim is below 12, or becomes incapacitated for the work he habitually engages in for 30,
10, 1-9 days.
It holds the parents, school authorities who consented or who had actual knowledge if they did nothing to prevent it, officers and members who planned,
knowingly cooperated or were present, present alumni of the organization, owner of the place where such occurred liable.
RA 7610
Makes presence a prima facie presumption of guilt for such.

Special Protection of Children against Child Abuse, Exploitation and Discrimination Act in relation to murder, mutilation or injuries to a child
The last paragraph of Article VI of Republic Act No. 7610, provides:
For purposes of this Act, the penalty for the commission of acts punishable under Articles 248, 249, 262 (2) and 263 (1) of Act No 3815, as amended of
the Revised Penal Code for the crimes of murder, homicide, other intentional mutilation, and serious physical injuries, respectively, shall be reclusion perpetua
when the victim is under twelve years of age.
The provisions of Republic Act No. 7160 modified the provisions of the Revised Penal Code in so far as the victim of the felonies referred to is under 12
years of age. The clear intention is to punish the said crimes with a higher penalty when the victim is a child of tender age. Incidentally, the reference to
Article 249 of the Code which defines and penalizes the crime of homicide were the victim is under 12 years old is an error. Killing a child under 12 is
murder, not homicide, because the victim is under no position to defend himself as held in the case of People v. Ganohon, 196 SCRA 431.
For murder, the penalty provided by the Code, as amended by Republic Act No. 7659, is reclusion perpetua to death higher than what Republic Act no.
7610 provides. Accordingly, insofar as the crime is murder, Article 248 of the Code, as amended, shall govern even if the victim was under 12 years of
age. It is only in respect of the crimes of intentional mutilation in paragraph 2 of Article 262 and of serious physical injuries in paragraph 1 of Article 263
of the Code that the quoted provision of Republic Act No. 7160 may be applied for the higher penalty when the victim is under 12 years old.
RA9262
pahina. 92

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Chapter Three: Rape

266-A: Rape
2 kinds of rape: RA 8353 Anti-rape Law
First: traditional rape
1) Offender is a man
2) That the offender had carnal knowledge of a
woman
3) That such act is accomplished under any of the ff
circumstances:
a) by using force, threat, or intimidation
b) when the woman is deprived of reason or
otherwise unconscious
c) By means of fraudulent machinations or grave
abuse of authority
d) when the woman is under 12 yo or demented
Second: Sexual Assault
1) Offender commits an act of sexual assault
2) That the act of sexual assault is committed by any
of the ff means:
a) by inserting his penis into another persons mouth or
anal orifice
b) by inserting any instrument or object into the
genital or anal orifice of another person
3) that the act of sexual assault is accomplished under
any of the circumstances enumerated under the first
act of committing rape
Slightest penetration
Consummated. No
frustrated rape.
No penetration of the female

organ and intention to have
carnal knowledge against he
will
Attempted rape
Knows 12 yo
Under 12yo ( knowledge
immaterial)
12yo and prostitute with
consent
13yo with mind of a 5yo
Qualified rape
Statutory rape
Woman contributed to the

consummation of rape
Offense other than rape
Deaf mute
Not rape
Used drug to incite her

passion
Not rape
Moral ascendancy
Rape ( sub for physical

force or intimidation)
Still rape
Still rape
pahina. 93

Crime ONE
266-B Qualified
Rape
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Qualified by the following:

(1) Reclusion perpetua to death/ prision mayor to
reclusion temporal -(a) Where rape is perpetrated by the accused with a
deadly weapon; or
(b) Where it is committed by two or more persons.
(2) Reclusion perpetua to death/ reclusion temporal
(a) Where the victim of the rape has become insane;
or
(b) Where the rape is attempted but a killing was
committed by the offender on the occasion or by
reason of the rape.
(3)
Death / reclusion perpetua -Where homicide is committed by reason or on
occasion of a consummated rape.
(4)
Death/reclusion temporal -(a) Where the victim is under 18 years of age and
the offender is her ascendant, stepfather, guardian,
or relative by affinity or consanguinity within the 3rd
civil degree, or the common law husband of the
victims mother; or
Where the rape is attempted

but a killing was committed by
the offender on the occasion
or by reason of the rape.
Where homicide is committed
by reason or on occasion of a
consummated rape.
BUT when homicide is
committed not by reason or on
occasion of rape
Special Complex Crime

Separate Crimes
(b) Where the victim was under the custody of the

police or military authorities, or other law enforcement
agency;
pahina. 94

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
(c) Where the rape is committed in full view of the

victims husband, the parents, any of the children or
relatives by consanguinity within the 3rd civil degree;
(d) Where the victim is a religious, that is, a member
of a legitimate religious vocation and the offender
knows the victim as such before or at the time of the
commission of the offense;
(e) Where the victim is a child under 7 yrs of age;
(f) Where the offender is a member of the AFP, its
paramilitary arm, the PNP, or any law enforcement
agency and the offender took advantage of his
position;
(g) Where the offender is afflicted with AIDS or other
sexually transmissible diseases, and he is aware
thereof when he committed the rape, and the disease
was transmitted;
(h) Where the victim has suffered permanent physical
mutilation;
(i) Where the pregnancy of the offended party is
known to the rapist at the time of the rape; or
(j) Where the rapist is aware of the victims mental
disability, emotional disturbance or physical
handicap.
pahina. 95

Crime ONE
Modified
ELEMENTS

266-C: Effect of
Pardon
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
1) subsequent valid marriage between the offender and offender shall extinguish:
a) criminal action for rape
b) penalty already imposed
2) subsequent forgiveness of the wife to the legal husband shall extinguish:
a) criminal action for rape
b) penalty already imposed
Provided: it is not Void ab initio
266-D: presumptions
Since rape is now a crime against persons marriage extinguishes penal action only as to principal. NOT to accomplices/ accessories.
This principle does not apply to multiple rape, where husband is a co-principal to other rapes committed.
Evidence may be accepted in the prosecution of rape:
1) any physical over act manifesting resistance against the act of rape in any degree from the offended party
2) where the offended party is so situated as to render him/ her incapable of giving his/ her consent
Title Nine
Crimes Against Personal Liberty and Security
Section One: Illegal Detention
267: Kidnapping and

serious illegal
detention
Offender is a private individual who is NOT any of

the parents of the victim nor a female
Public officer
Person who furnished the

place
He kidnaps or detains another, or in any other manner Has freedom to move around
deprives the latter of his liberty
but not freedom to leave
The act of detention or kidnapping must be illegal (
not ordered by a competent authority or not
Arbitrary detention
Accomplice (exp:
conspiracy)
Still 267
If the person
killed, tortured,
or rapes IS
NOT THE
VICTIME OF
KIDNAPPING,
the crimes
maybe
pahina. 96

Crime ONE
permitted by law)
That in the commission of the offense, any of the ff
circumstances is present:
a.
The kidnapping lasts for more than 3 days;
b.
It is committed simulating public authority;
c.
Any serious physical injuries are inflicted upon
the person kidnapped or detained or threats to kill
him are made; or
d.
The person kidnapped or detained is a minor,
female, or a public officer.
Modified
ELEMENTS
Absent the circumstances
When purpose is to extort
ransom WITHOUT these
circumstances
Circumstances
I- inherent
A- aggravating
complexed or
considered as
separate
Still 267 but qualified as offenses.
to penalty ( death)
(SCC)
BUT if person killed not the

victim of kidnapping
Separate Crimes
Short time from kidnapping to

killing victims
Murder/ homicide. NO
kidnapping
Primary purpose: to kill

Primary purpose: to kidnap
Murder/ Homicide
SCC
Killed first then asked for

ransom
Murder
Primary purpose: to rape
Forcible abduction w/
rape
SCC
Kidnapped then attempted

rape
With
OTHER
Crimes
Slight illegal detention
Person kidnapped is killed,

purposely done or
afterthought. Regardless of
how many victim was killed.
Primary purpose: kidnap
Crime
TWO
Separate
pahina. 97

Crime ONE
Modified
ELEMENTS
268: Slight Illegal

Detention
Offender is a private individual
Crime
TWO
Kidnapped then multiple rape
Only one SCC
Victim: female
Art 267. ( voluntary

release is not MC)
Person who furnished the

place
Co- principal
Purpose: any other case
Other illegal detention
Detention for a legal ground

but there is failure to deliver
person arrested to proper
authorities
Delay in the delivery of

persons detained
With
OTHER
Crimes
Offender arrests or detains another person (private

indvl or pub off not having the authority to arrest)
That the purpose of the offender is to deliver him to
the proper authorities
That the arrest or detention is unauthorized by law or
there is no reasonable ground therefor
I- inherent
A- aggravating
MC:
1) offender
voluntarily releases
the person
kidnapped or
detained within 3
days
2) without having
attained the purpose
intended
3) before the
institution of the
criminal proceedings
against him
That he kidnaps or detains another, or in any manner

deprives him of his liberty
That the act of kidnapping or detention is illegal
That the crime is committed without the attendance of
the circumstances in Art 267
269: Unlawful arrest
Circumstances
Section Two: Kidnapping Minors

270: kidnapping and
failure to return a
Offender is entrusted with the custody of a minor

person ( less than 18yo)
Offender is not entrusted
Kidnapping and serious

illegal detention
Kidnapping
and failure to
pahina. 98

Crime ONE
minor
That he deliberately fails to restore the said minor to

his parents or guardian
271: inducing a minor

to abandon his home
A minor is (less than 18 yo) is living in the home of his

parents or guardian or the person entrusted with his
custody
That the offender induces said minor to abandon such
home
Inducement must be:
Actual
Committed with criminal intent
Determined by a will to cause damage
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
return a minor
(270) is
necessarily
included in
kidnapping
and serious
illegal
detention of
minor (267 (4)).
Offender is a parents with not

custody
Still 271
Minor does not actually

abandon home
Still 271
Minor leaves in his own

freewill
No liability
Section Three: Slavery and Servitude

272: Slavery
Offender purchase, sells, kidnaps, or detains a human

being
That the purpose of the offense is to enslave such
human being
Purpose: to assign the

offended to some immoral
traffic
Qualified slavery
If victim is female
May be Art 341 or

pahina. 99

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
white trade slavery

If purpose not to enslave
Kidnapping or illegal
detention
273: exploitation of
child labor
274: services
rendered under the
compulsion in
payment of debt
Offender retains a minor in his service

That it is against the will of the minor
That it is under the pretext or reimbursing himself of a
debt incurred by an ascendant, guardian or person
entrusted with the custody of the minor.
That the offender compels a db to work for him,
either as household servant or farm laborer
Minor consent
No crime
No cd-db relationship
Coercion
As janitor
No violation of 274
Db is a minor
Art 273
It is against the dbs will

That the purpose is to require or enforce the payment
of a debt
Chapter Two:
Crimes Against Security
Section One: abandonment of helpless persons and exploitation of minors
275: abandonment of
persons in danger
and abandonment of
ones own victim
Act Punished:
1. Failing to render assistance to any person whom
the offender finds in an uninhabited place wounded
or in danger of dying when he can render such
assistance without detriment to himself, unless such
omission shall constitute a more serious offense.
pahina. 100

Crime ONE
276: Abandoning
Minor
Elements
a) The place is not inhabited;
b) Accused found there a person wounded or in
danger of dying;
c) Accused can render assistance without detriment to
himself;
d) Accused fails to render assistance.
2. Failing to help or render assistance to another
whom the offender has accidentally wounded or
injured;
3. By failing to deliver a child, under seven years of
age, whom the offender has found abandoned, to the
authorities or to his family, or by failing to take him to
a safe place. Child is in an unsafe place.
The offender has the custody of a child
The child is under 2 years of age
That he abandons such child
That he has no intent to kill the child when the latter is
abandoned
Modified
ELEMENTS
Offender does not know child

is under 7yo.
Still Art. 275
If there is intent to kill + child

dies
Murder/ parricide /
infanticide
If there is intent to kill + does

not die
Attempted or frustrated
If intent to abandon child is to

lose his civil status
Art 347 ( concealment or

abandonment of a legit
child)
Qualified Art 276.
Death of the minor resulted

from such abandonment
OR
The life of the minor was in
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
pahina. 101

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
danger because of
abandonment
277: abandonment of
minor entrusted with
his custody;
indifference of
parents
Acts Punished:
1. Delivering a minor to a public institution or other
persons without the consent of the one who entrusted
such minor to the care of the offender or, in the
absence of that one, without the consent of the proper
authorities;
Abandoned a child below 7yo Art 276

in such a way as to deprive
him of his basic needs which
his tender years need.
Elements
a. Offender has charge of the rearing or education of
a minor;
b. He delivers said minor to a public institution or
other persons;
c. The one who entrusted such child to the offender
has not consented to such act; or if the one who
entrusted such child to the offender is absent, the
proper authorities have not consented to it.
2. Indifference of parents
278: Exploitation of
minors
Elements:
a.Offender is a parent;
b.He neglects his children by not giving them
education;
c. His station in life requires such education and his
financial condition permits it.
Acts punished:
1. Causing any boy or girl under 16 years of age to
perform any dangerous feat of balancing, physical
Delivery of the child is made

in consideration of any price,
Qualified Art 278

pahina. 102

Crime ONE
strength or contortion, the offender being any person;
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
compensation, or promise
2. Employing children under 16 years of age who are

not the children or descendants of the offender in
exhibitions of acrobat, gymnast, rope-walker, diver,
or wild-animal tamer, the offender being an acrobat,
etc., or circus manager or engaged in a similar
calling;
3. Employing any descendant under 12 years of age
in dangerous exhibitions enumerated in the next
preceding paragraph, the offender being engaged in
any of the said callings;
4. Delivering a child under 16 years of age
gratuitously to any person following any of the
callings enumerated in paragraph 2, or to any
habitual vagrant or beggar, the offender being an
ascendant, guardian, teacher or person entrusted in
any capacity with the care of such child; and
279: additional
penalties for other
offenses
5. Inducing any child under 16 years of age to

No such purpose and child is
Art 271
abandon the home of its ascendants, guardians,
under 18.
curators or teachers to follow any person engaged in
any of the callings mentioned in paragraph 2 or to
accompany any habitual vagrant or beggar, the
offender being any person.
Imposition of penalties form 275-8shall not prevent the imposition upon the same person of the penalty provided for any other felonies defined and
punished under the RPC.
pahina. 103

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Section Two: Trespass to dwelling

280: (simple) trespass
to dwelling
Offender is a private person

He enters the dwelling of another
That such entrance is against the will of the owner or
occupant
Public officer/ employee
Violation of domicile
By violence or intimidation
Qualified trespass to
dwelling
Simple trespass to
dwelling
Against owner/ occupant
281: other forms of

tresspass
Offender enters the closed premises or the fenced

estate of another
That the entrance is made while either of them is
Lack of permission
Not simple trespass.
Entered a door not for ingress
Simple trespass
Enters late at night
Simple trespass
No intent to kill
Separate crimes
There was intent to kill
Homicide or murder and

dwelling as AC
Offender is employed by
offended
Qualified
Violence or intimidation was

committed immediately after
entrance
Dwelling house and inhabited
qualified
Art 280
pahina. 104

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
uninhabited
That the prohibition to enters be manifest
That the trespasser has not secured the permission of
the owner of the caretaker thereof
Section Three: Threats and Coercion
282: Grave Threats
Acts punished:
1. Threatening another with the infliction upon his
person, honor or property or that of this family of any
wrong amounting to a crime and demanding money
or imposing any other condition, even though not
unlawful, and the offender attained his purpose;
a) that offender threatens another person with the
infliction upon the latters person, honor, or property
or upon that of the latters family, of any wrong
b) that such wrong amounts to a crime
c) that there is a demand for money or that any other
condition is imposed, even though not unlawful
d) that the offender attains
2. Making such threat without the offender attaining
his purpose;
3. Threatening another with the infliction upon his
person, honor or property or that of his family of any
wrong amounting to a crime, the threat not being
subject to a condition.
a) that the offender threatens another person with the
infliction upon the latters person, honor, or property
Amounts to a crime
Grave threats
Not amounts to a crime
Light threats
With violence or intimidation
Coercion
Intimidation was made in

writing OR through a middle
man
Qualified
Offended learns of the threats Consummated 282

When the offender demand
the money or property on the
spot
Robbery.
Threatened to prevent person PD 1829

from appearing in the
investigation of or official
proceedings or a criminal case
Threats made
in connection
with the
commission of
other crimes
are absorbed
by the latter. (
means to
commit or mere
incident)
If the threat
was made with
the deliberate
purpose of
creating in the
mind of the
person
threatedned
the belief that
would be
carried into
effect, the
pahina. 105

Crime ONE
Modified
ELEMENTS
Crime
TWO
or upon that of the latters family, of any wrong
c) that the threat is not subject to a condition
284: bond for good

behavior
285: other light
threats
286: Grave Coercion
Offender makes a threat to commit a wrong

blackmailing
That the wrong does not constitute a crime
That there is a demand for money 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
When is a person required to give bail bond:
a) when he threatens another under the circumstances mention in art 282
b) when he threatens another under the circumstances in art 283
Acts punishable:
When made to an absent
1. Threatening another with a weapon, or by drawing persons and uttered under fit
such weapon in a quarrel, unless it be in lawful selfof anger
defense;
No demand for money
2. Orally threatening another, in the heat of anger,
with some harm constituting a crime, without persisting No condition imposed
in the idea involved in his threat;
Threat not deliberate
3. Orally threatening to do another any harm not
constituting a felony.
Two ways of committing it:
Circumstances
I- inherent
A- aggravating
crime
committed is
grave threats,
and the minor
crime which
accompanied it
should be
disregarded.
b) that such wrong amounts to a crime
283: light threats
With
OTHER
Crimes
Still 283
Other Light threats
Other light threats

Other light threats
Other light threats
pahina. 106

Crime ONE
1) PREVENTIVE. by preventing another by means of
violence, threats or intimidation, from doing something
not prohibited by law
Crime
TWO
Art 132, 143, 145, 287
Not coercion
Act to be prevented is
already done when violence is
exerted
Art 127, 287
Unjust vexation
b) that the prevention or compulsion be effected by

violence, threats, or intimidation
There is no violence or
intimidation
Unjust vexation
c) that the person that restrained the will and liberty

of another has no right to do so, or that the restraint is
not made under the authority of law or in the exercise
of any lawful right
Intent to deprive offended of

his liberty is not clear
Illegal detention
Offended is a prisoner,
extracting info using force or
intimidation
Maltreatment
Offended did not accede to

the purpose of coercion
Consummated grave
coercion
Absent violence
Unjust vexation
2) COMPULSIVE. by compelling another, by means of

violence, threats or intimidation, to do something
against his will whether it be right or wrong
Elements 1 and 2:
a) that a person prevented another from doing
something not prohibited by law or by compelling him
to do something against his will, be it right or wrong
287: light coercion
Modified
ELEMENTS
Offender is a creditor
That he seizes anything belonging to his debtor
That the seizure of the thing be accomplished by
means of violence or a display of material force
producing intimidation
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Not coercion
pahina. 107

Crime ONE
That the purpose of the offender is to apply the same
to the payment of the debt
Unjust vexation
Any human conduct which although not productive of
some physical or material harm would however,
unjustly annoy or vex an innocent person
288: other similar
Acts punished:
coercions (compulsory 1. Forcing or compelling, directly or indirectly, or
purchase of
knowingly permitting the forcing or compelling of the
merchandise and
laborer or employee of the offender to purchase
payment of wages by merchandise of commodities of any kind from him;
means of tokens)
Elements:
a. Offender is any person, agent or officer of any
association or corporation;
b. He or such firm or corporation has employed
laborers or employees;
c. He forces or compels, directly or indirectly, or
knowingly permits to be forced or compelled, any of
his or its laborers or employees to purchase
merchandise or commodities of any kind from him or
from said firm or corporation.
2. Paying the wages due his laborer or employee by
means of tokens or object other than the legal tender
currency of the Philippines, unless expressly requested
by such laborer or employee.
Modified
ELEMENTS
With violence or intimidation
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Grave or light coercion
Elements:
a. Offender pays the wages due a laborer or
employee employed by him by means of tokens or
object;
pahina. 108

Crime ONE
289: formation,
maintenance and
prohibition of
combination of
capital or labor
through violence of
threats
b. Those tokens or objects are other than the legal

tender currency of the Philippines;
c. Such employee or laborer does not expressly
request that he be paid by means of tokens or
objects.
Offender employs violence or threats, in such a
degree as to compel or force the laborers or
employers in the free and legal exercise of their
industry or work
That the purpose is to organize, maintain, or prevent
coalitions of capital or laborers or lockout of
employers
Modified
ELEMENTS
Crime
TWO
When picketers employ force

or if they make threats
coercion
Preventing ee from joining a

registered labor organiization
Punished under the

Labor code NOT RPC.
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Chapter Three
Discovery and Revelation of Secrets
290: Discovering
Secrets through
seizure of
correspondence
291: revealing
secrets with abuse of
office
That the offender is a private individual or even a

public office not in the exercise of his official function
That he seizes the papers or letters of another
That the purpose is to discover the secrets of such
other person
That the offender is informed of the contents of the
papers of letters seized
Offender comes to know of

secret by reason of public
office
Public officer revealing

secrets of priv indvl
Offender reveals the contents

of such paper or letter of
another to a 3rd person
Qualified Art 290
If purpose is to cause damage

If purpose is to harass or
annoy
Estafa
Unjust vexation
Offender is a manager, employee, or servant

That he learns the secrets of his principal or master in
such capacity
pahina. 109

Crime ONE
Modified
ELEMENTS

292: revelation of
industrial secrets
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
That he reveals such secrets

That the offender is a person in charge, employee, or
workman of a manufacturing or industrial
establishment
That the manufacturing/ industrial establishment has a
secret of the industry which the offender has learned
That the offender reveals such secrets
That prejudice is caused to the owner
Title Ten
Crimes Against Property
293: who are guilty

of robbery
There is a personal property

There is unlawful taking of that property
That the taking must be with intent to gain
That there is violence against or intimidation of any
person or forcer upon things
If real property
Usurpation
Prohibited articles
Still robbery
Stolen from:
1) owner
2) possessor
3) thief
Still robbery
Property stolen belongs to

thief
Not liable for robbery.

Impossible crime.
Took it believing it was his

property
Not liable for robbery
No intent to gain
Estafa or coercion
Owner takes prop from lawful
estafa
pahina. 110

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
possessor
Section One: Robbery with Violence against or Intimidation of Persons
294: Robbery with
violence against of
intimidation of
persons
Acts Punished:
1. When by reason or on occasion of the robbery
(taking of personal property belonging to another
with intent to gain), the crime of homicide is
committed;
NOTE: crime
complexed with
Robbery must be
consummated
Intent to take before killing.
Special Complex Crimes

Robbery with homicide
Any kind of killing ( parricide/

murder/ multiple killing) by
reason of or on the occasion
of robbery.
Mere after thought to rob.
Priority to kill.
The qualifying
circumstance will only
become an AC.
Additional killed/
raped is not
considered as AC.
Separate crimes.
Different person killed/ one of Robbery with Homicide

the robbers
2. When the robbery is accompanied by rape or

intentional mutilation or arson;
Death supervened by mere

incident
Robbery with Homicide
Attempted rape only

Rape mere afterthought
Robbery and Attempted

rape
Separate
Conspiracy
All liable.
Raped member of the robbers
Robbery with rape

pahina. 111

Crime ONE
Modified
ELEMENTS
Crime
TWO
Multiple raped/ killed
Only one SCC
Arson + intent to rob + no

killing + no rape + no
intentional mutilation
Robbery with arson
Arson + intent to rob + killing

+ rape + intentional
mutilation
Arson is only an AC.
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
3. When by reason of on occasion of such robbery,

any of the physical injuries resulting in insanity,
imbecility, impotency or blindness is inflicted;
4. When by reason or on occasion of robbery, any of Serious injuries

the physical injuries resulting in the loss of the use of
speech or the power to hear or to smell, or the loss of
an eye, a hand, a foot, an arm, or a leg or the loss of Not serious
the use of any such member or incapacity for the work
in which the injured person is theretofore habitually
engaged is inflicted;
Robbery with serious

physical injuries
5. If the violence or intimidation employed in the

commission of the robbery is carried to a degree
unnecessary for the commission of the crime;
Slight or less serious pi
Absorbed in Simple
robbery
Intimidation is conditional or
future. Gain not immediate.
Threats to extort money
6. When in the course of its execution, the offender

Absorbed in robbery
pahina. 112

Crime ONE
shall have inflicted upon any person not responsible
for the commission of the robbery any of the physical
injuries in consequence of which the person injured
becomes deformed or loses any other member of his
body or loses the sue thereof or becomes ill or
incapacitated for the performance of the work in
which he is habitually engaged for more than 90
days or the person injured becomes ill or
incapacitated for labor for more than 30 days;
295: Robbery with

Physicial Injuries,
committed in an
uninhabited place
AND by a band or
with the use of
forearm on a street,
road, alley
296: Definition of
band and the penalty
incurred by the
members
7. If the violence employed by the offender does not

cause any of the serious physical injuries defined in
Article 263, or if the offender employs intimidation
only.
NO 3,4,5 of Art 294 if committed:
1) in an uninhabited place
2) by a band
3) by attacking a moving train, street car, motor
vehicle, or airship
4) by entering the passengers compartments in a
train, or in any manner taking the passengers by
surprise in their respective conveyances
5) on a street, road, highway, alley, and the
intimidation is made with the use of firearms
Modified
ELEMENTS
Crime
TWO
Parts with his money, in a

sense, voluntarily
Bribery
No intent to gain
Grave coercion
All these circumstances
Qualified Robbery with

violence against or
intimidation of persons
Both uninhabited place and

by a band concur
Robbery in an
uninhabited place and
by a band
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
All five are Special

Aggravating
Circumstances
If robbery is
committed with
homi/rape/ piuninhabited place
and by a band is
considered as GAC.
Article 296 defines a robbery by a band as follows: when at least four armed malefactors take part in the commission of a robbery.
Requisites for liability for the acts of the other members of the band
1.
He was a member of the band;
pahina. 113

Crime ONE
2.
3.
4.
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
He was present at the commission of a robbery by that band;

The other members of the band committed an assault;
He did not attempt to prevent the assault.
Art 296 applies only to 3,4,5 of Art 294.

Proof of conspiracy not necessary.
PD 1866
RA 8294
297: attempted and
frustrated robbery
committed under
certain circumstances
298: execution of
deeds by means of
violence or
intimidation
Illegal possession IN ADDITION to robbery by a band

USE of unlawful firearm in murder or homicide is now considered as a special aggravating circumstance
Is NOT USED, separate.
When by reason or on occasion of attempted or
Physical injuries + no intent to
frustrated robbery, homicide (generic sense) is
kill + A/F robbery
committed.
PI= means for the commission
Pi absorbed in AF rob
of AF rob
PI= on occasion but not
Separate crimes
employed as a means of
committing AF rob
PI= killing and PI committed
Pi absorbed in AF rob
on that occasion
Elements
If PI is serious as necessary
means of committing felony.
Void document
Robbery with serious

physical injuries
No crime
1. Offender has intent to defraud another;

2. Offender compels him to sign, execute, or deliver
any public instrument or document.
3. The compulsion is by means of violence or
intimidation.
pahina. 114

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Section Two: Robbery with the Use of Force upon Things

299: robbery in an
inhabited house/
public building or
edifice devoted to
worship
A. Offender outside comes inside

Offender entered:
a) an inhabited house
b) public building
c) an edifice devoted to religious worship
Entrance was effected by any of the following means:
a) through an opening not intended for entrance or
egress
b) by breaking any (outside) wall, roof, floor, door, or
window,
c) by using false keys, picklocks, or similar tools
d) using any fictitious name or pretending the exercise
of public authority
Breaking of inside wall

occupied by a person
separate as his own
Still 299
Not whole body enters

establishment
Theft
Once inside the building, the offender took personal

property belonging to another with intent to gain
B. offender already inside
Offender is inside a dwelling house, public building or
edifice devoted to religious worship, regardless of the
circumstances under which he entered it.
That the offender takes personal property belonging
to another with intent to gain under any of the ff
circumstances:
a) by the breaking of internal doors, wardrobes,
chests, or any other kind sealed furniture or
receptacle
b) by taking such furniture or objects away to be
pahina. 115

Crime ONE
300: Robbery in an
uninhabited
place
AND by band
301: what is an
inhabited house,
public building or
building dedicated to
religious worship
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
broken open outside the place of the robbery

Qualifier
Crime
Uninhabited place AND by a band
Qualified robbery with force upon things (Art 300)
Uninhabited place OR by a band
Qualified robbery with violence or intimidation of persons (Art. 295)
Inhabited house Any shelter, ship, or vessel constituting the dwelling of one or more persons, even though the inhabitants thereof shall temporarily be
absent therefrom when the robbery is committed.
Public building Includes every building owned by the government or belonging to a private person but used or rented by the government, although
temporarily unoccupied by the same.
Dependencies of an inhabited house, public building, or building dedicated to religious worship All interior courts, corrals, warehouses, granaries,
barns, coachhouses, stables, or other departments, or enclosed interior entrance connected therewith and which form part of the whole. Orchards and other
lands used for cultivation or production are not included, even if closed, contiguous to the building, and having direct connection therewith.
302: Robbery in an
uninhabited place or
in a private building
Offender enetered an uninhabited place or a

building which was not a dwelling house, not a public
building, or not an edifice devoted to religious
building.
That any of the following circumstances was present:
Taking of large cattle
PD 533
a. The entrance was effected through an opening not

intended for entrance or egress;
b. A wall, roof, floor, or outside door or window was
broken;
c. The entrance was effected through the use of false
keys, picklocks or other similar tools;
d. A door, wardrobe, chest, or any sealed or closed
furniture or receptacle was broken; or
e. A closed or sealed receptacle was removed, even
pahina. 116

Crime ONE
303: robbery of
cereals, fruits, or
firewood in an
uninhabited place or
private individual
304: possession of
picklocks or similar
tool
305: false keys
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
if the same be broken open elsewhere

That with intent to gain, the offender took therefrom
personal property belonging to another.
Seedlings which are immediate product of the soil.
That the offender has in his possession picklocks or

similar tools
That such picklocks or similar tools are specially
adopted to the commission of robbery
That the offender does not have lawful cause for such
possession
Inclusions:
a) tools not mentioned in the next preceding article
b) genuine keys stolen from the owner
c) any keys other than those intended by the owner for the use in the lock forcibly opened by the offender.
Chapter Two
Brigandage
PD 532 vs 306 RPC
Distinction between brigandage under the Revised Penal Code and highway robbery/brigandage under Presidential Decree No. 532:
(1)
Brigandage as a crime under the Revised Penal Code refers to the formation of a band of robbers by more than three armed persons for the purpose of
committing robbery in the highway, kidnapping for purposes of extortion or ransom, or for any other purpose to be attained by force and violence. The mere
forming of a band, which requires at least four armed persons, if for any of the criminal purposes stated in Article 306, gives rise to brigandage.
(2)
Highway robbery/brigandage under Presidential Decree No. 532 is the seizure of any person for ransom, extortion or for any other lawful purposes, or
the taking away of the property of another by means of violence against or intimidation of persons or force upon things or other unlawful means committed by
pahina. 117

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
any person on any Philippine highway.

Brigandage under Presidential Decree No. 532 refers to the actual commission of the robbery on the highway and can be committed by one person alone. It is
this brigandage which deserves some attention because not any robbery in a highway is brigandage or highway robbery. A distinction should be made between
highway robbery/brigandage under the decree and ordinary robbery committed on a highway under the Revised Penal Code.
306: Brigandage
307: aiding or
abetting a band of
brigands
There be at least 4 armed men

They formed a band of robbers
Purpose:
a) to commit robbery in a highway
b) to kidnap persons for the purpose of extortion of
to obtain ransom
c) to attain by means of forcer and violence any other
purpose
Carries unlicensed firearms
All presumed brigands
Streets
Still 306
Several robberies in the

highway
Brigandage
Particular in any roads
Robbery in band
That there is a band of brigands

That the offender knows the band to be of brigands
That the offender does any of the following:
a) that he aids, abets, or protects such band of
brigands
b) that he gives them information on the movements of
the police or other peace officers of the govt
c) that he acquires or receives property taken by such
brigands
Chapter Three
Theft
308: who are liable

for theft
1. Those who with intent to gain, but without violence

against or intimidation of persons nor force upon
No chance to dispose
Theft
pahina. 118

Crime ONE
things, take personal property of another without the
latters consent;
Other forms of theft
a) That there be taking of personal property

b) That said property belongs to another
c) That the taking be done with intent to gain
d) That the taking be done without the consent of the
owner
e) That the taking be accomplished without the use of
violence against or intimidation of persons or force
upon things
2. Those who having found lost property, fails to
deliver the same to the local authorities or to its
owner;
a) the time of the seizure of the thing
b) that it was lost property belonging to another
c) that the accused having had the opportunity to
return or deliver the lost property to its owner or to
the local authorities, refrained from doing so.
Modified
ELEMENTS
Crime
TWO
Electricity
RA 7832: theft of
electricity
Whole car taken to another

place and tires were taken
theft
Committed by policeman
theft
Fishing in a fishpond of fishery
Qualified theft
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
3. Those who, after having maliciously damaged the

property of another, remove or make use of the fruits
or objects of the damage caused by them;
4. Those who enter an enclosed estate or a field
where trespass is forbidden or which belongs to
another and, without the consent of its owner, hunt or
fish upon the same or gather fruits, cereals or other
forest or farm products.
a) that there is an enclosed estate or field where
pahina. 119

Crime ONE
309: penalties
310: qualified theft
RA 6539
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
trespass is forbidden or which belongs to another

b) that the offender enters the same
c) that the offender hunts or fishes upon the same or
gather fruits, cereals, or other forest or farm products
d) that the hunting or fishing or gathering of products
is without the consent of the owner
Basis:
a) value of the thing stolen,
b)value and nature of the property taken
c) the circumstances or causes that impelled the culprit to commit the crime
1.
Committed by a domestic servant;
2.
Committed with grave abuse of confidence;
3.
The property stolen is a motor vehicle, mail
matter, or large cattle;
4.
The property stolen consists of coconuts taken
from the premises of a plantation;
5.
The property stolen is fish taken from a
fishpond or fishery; or
6.
If property is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption, or any other
calamity, vehicular accident, or civil disturbance.
Elements: abuse of confidence
Taking of personal property
Said property belongs to another
Said property done with intent to gain
That it be done without owners consent
That it be accomplished without the use of violence or
intimidation against persons, nor of force upon things
That it be done with grave abuse of confidence
Anti-carnapping Act of 1972
pahina. 120

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
On carnapping and theft of motor vehicle

The taking with intent to gain of a motor vehicle belonging to another, without the latters consent, or by means of violence or intimidation of persons, or
by using force upon things is penalized as carnapping under Republic Act No. 6539 (An Act Preventing and Penalizing Carnapping), as amended.
The overt act which is being punished under this law as carnapping is also the taking of a motor vehicle under circumstances of theft or robbery. If the
motor vehicle was not taken by the offender but was delivered by the owner or the possessor to the offender, who thereafter misappropriated the same,
the crime is either qualified theft under Article 310 of the Revised Penal Code or estafa under Article 315 (b) of the Revised Penal Code.
Qualified theft of a motor vehicle is the crime if only the material or physical possession was yielded to the offender; otherwise, if juridical possession
was also yielded, the crime is estafa.
PD 533
Cattle Rustling Law of 1974

Cattle Rustling and Qualified Theft of Large Cattle The crime of cattle-rustling is defined and punished under Presidential Decree No. 533, the AntiCattle Rustling law of 1974, as the taking by any means, method or scheme, of any large cattle, with or without intent to gain and whether committed with
or without violence against or intimidation of person or force upon things, so long as the taking is without the consent of the owner/breed thereof.
The crime includes the killing or taking the meat or hide of large cattle without the consent of the owner.
Since the intent to gain is not essential, the killing or destruction of large cattle, even without taking any part thereof, is not a crime of malicious mischief
but cattle-rustling.
Where the large cattle was not taken, but received by the offender from the owner/overseer thereof, the crime is not cattle-rustling; it is qualified theft of
large cattle.
Where the large cattle was received by the offender who thereafter misappropriated it, the crime is qualified theft under Article 310 if only physical or
material possession thereof was yielded to him. If both material and juridical possession thereof was yielded to him who misappropriated the large cattle,
the crime would be estafa under Article 315 (1b).
Presidential Decree No. 533 is not a special law in the context of Article 10 of the Revised Penal Code. It merely modified the penalties
provided for theft of large cattle under the Revised Penal Code and amended Article 309 and 310. This is explicit from Section 10 of the
Presidential Decree. Consequently, the trial court should not have convicted the accused of frustrated murder separately from cattle-rustling, since the
pahina. 121

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
former should have been absorbed by cattle-rustling as killing was a result of or on the occasion of cattle-rustling. It should only be an aggravating
circumstance. But because the information did not allege the injury, the same can no longer be appreciated; the crime should, therefore be only, simple
cattle-rustling. (People v. Martinada, February 13, 1991)
PD 534
PD 581
PD 1612
PD 401
PD 330
PD 705
311: theft of the
property of the
National Library and
National Museum
Law on Illegal Fishing

* check SBC mem aid
Highgrading or theft of gold
* check SBC mem aid
Anti-fencing Law
* check SBC mem aid
Fencing under Presidential Decree No. 1612 is a distinct crime from theft and robbery.
If the participant who profited is being prosecuted with person who robbed, the person is prosecuted as an accessory.
If he is being prosecuted separately, the person who partook of the proceeds is liable for fencing.
Penalizing the unauthorized installation of water, electrical or telephone connections, the use of tampered water of electrical maters, and other acts.
* check SBC mem aid
Penalizing Timber Smuggling or Illegal Cutting of Lods from Public Forests and Forests Reserves as Qualified Theft
Forestry Reform Code of the Philippines
* check SBC mem aid
Regardless of value
Committed with abuse of
Penalty for qualified
confidence
theft shall be imposed
Chapter Four
Usurpation
312: occupation of
Real Property of
Usurpation of Real
Rights in Property
Offender takes possession of any real property or

usurps any real rights in property
That the real property or real rights belong to
another
Public agri land including

public lands granted to priv
PD 947
pahina. 122

Crime ONE
Modified
ELEMENTS

That violence against or intimidation of persons is
used by the offender in occupying real property or
usurping real property or usurping real right in
property
Urban Devt and

Housing Act
313: Altering
Boundaries or
Landmark
indvl
No violence or intimidation
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Civil liability only
Violence or intimidation came

subsequent to entry
Not Art 312
No violence of intimidation
and no intent to gain
none
Malicious mischief
There is intent to gain

Coercion
On squatting
According to the Urban Development and Housing Act, the following are squatters:
1. Those who have the capacity or means to pay rent or for legitimate housing but are squatting anyway;
2. Also the persons who were awarded lots but sold or lease them out;
3. Intruders of lands reserved for socialized housing, pre-empting possession by occupying the same.
That there be boundary marks or monuments of towns,
provinces, or estates, or any other marks intended to
designate the boundaries of the same
That the offender alters said boundary marks
Chapter Five
Culpable Insolvency
314: Fraudulent
Insolvency
Offender is a debtor, that is , he has obligation due

and demandable
That he absconds with his property
That there be prejudice to his creditors
No judicial declaration of
insolvency
Personal or real
Still 314
Art 314
Chapter Six
Swindling and other Deceits
pahina. 123

Crime ONE
315: swindling/
estafa
A.1. Unfaithfulness
A.2 Abuse of
Confidence
B. Fictitious Name/
false pretense/ other
means
Accused defrauded another by abuse or confidence

or by means of deceit
That damage or prejudice capable of pecuniary
estimation is caused to the offended party or third
persons
a) That the offender has an onerous obligation to
deliver something of value
b) That he alters its substance, quantity or quality
c) That damage or prejudice capable of pecuniary
estimation is caused to the offended party or 3rd
persons
1. That money, goods, or other personal property be
a) received by the offender in trust,
b) or on commission or for administration ,
c) or under any other obligation involving the duty to
make delivery of, or to return the same
2. There be
a) misappropriation or
b) conversion or
c) denial
is to the prejudice of another
3. That there is demand made by the offended party
to the offender
1) By using fictitious name
2) By falsely pretending to possess
a) power
b) influence
c) qualifications
Modified
ELEMENTS
Crime
TWO
Temporary prejudice
Still 315
Mere negligence in allowing

another to benefit from the
transaction
Not estafa
Material possession +
Misappropriation
Theft
Juridical possession + MP + M
Estafa
Ownership + JP + MP + M
NO crime. Mere civil

liability.
Crim not extinguished
No crim liab
Novation after estafa

Novation before estafa
No demand but there is
evidence of misappropriation
Elements of illegal recruitment
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Still 315 by B
RA 8042
pahina. 124

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
d) property
e) credit
f) agency
g) business or imaginary transaction
3) By means of other similar deceits
C. Altering quality,
fineness, weight of
anything pertaining to
his art or business
D. Pretending to
Commits defamation
bribed the govt
If money was indeed given
E. checks
a) Offender postdated a check, OR issued a check in
payment of an obligation
b) That such postdating or issuing a check was done
when the offender had not funds in the bank, or his
funds deposited therein were not sufficient to cover
the amount of the check
F. establishments
In addition slander, libel

Corruption of public officer/s
Check issued simultaneous with
transaction
Estafa
Check issued for a preexisting obligation
Civil obligation
Issued only as security but not

encashed
No estafa
1. a. Obtaining food, refreshment, or

accommodation at a hotel, inn, restaurant, boarding
house, lodging house, or apartment house;
b.Without paying therefor;
c.With intent to defraud the proprietor or manager.
2.a. Obtaining credit at
any of the establishments;
b. Using false pretense;
pahina. 125

Crime ONE
G. Fraudulent Means:
inducing to sign
H. Fraudulent Means:
gambling
I. Removing
concealing,
destroying documents
BP 22
3.a. Abandoning or
surreptitiously removing any part of his baggage in
the establishment;
b. After obtaining credit, food, refreshment,
accommodation;
c. Without paying.
a) offender induced the offended party to sign a
document
b) that deceit be employed to make him sign the
document
c) that the offended party personally signed the
document
d) that prejudiced be caused
a) that there be a court record, office files,
documentary or any other papers
b) that the offender removed, concealed, or
destroyed any of them
c) that the offender had intent to defraud another
Bouncing Checks Law
Modified
ELEMENTS
Crime
TWO
Willingly signed but there is

deceit as to contents of docu
Falsification
Accused made representation

as to mislead that complainant
as to the char of the docu
Estafa

who is officially entrusted with
the document
Infidelity in custody of
document
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
How violated
A.1.A person makes or draws and issues any check;
2. The check is made or drawn and issued to apply on account or for value;
Thus, it can apply to pre-existing obligations, too.
pahina. 126

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
3. The person who makes or draws and issued the check knows 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;
1. The 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.
B.1.A person has sufficient funds in or credit with the drawee bank when he makes or draws and issues a check;
2.He fails to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within 90 days from the date appearing;
3.The check is dishonored by the drawee bank.
Distinction between estafa under Article 315 (2) (d) of the Revised Penal Code and violation of Batas Pambansa Blg. 22:
(1) Under both Article 315 (2) (d) and Batas Pambansa Blg. 22, there is criminal liability if the check is drawn for non-pre-existing obligation.
If the check is drawn for a pre-existing obligation, there is criminal liability only under Batas Pambansa Blg. 22.
(2) Estafa under Article 315 (2) (d) is a crime against property while Batas Pambansa Blg. 22 is a crime against public interest. The gravamen for the
former is the deceit employed, while in the latter, it is the issuance of the check. Hence, there is no double jeopardy.
(3) In the estafa under Article 315 (2) (d), deceit and damage are material, while in Batas Pambansa Blg. 22, they are immaterial.
(4) In estafa under Article 315 (2) (d), knowledge by the drawer of insufficient funds is not required, while in Batas Pambansa Blg. 22, knowledge by the
drawer of insufficient funds is required.
When is there prima facie evidence of knowledge of insufficient funds?
There is a prima facie evidence of knowledge of insufficient funds when the check was presented within 90 days from the date appearing on the check and
was dishonored.
Exceptions
pahina. 127

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
1. When the check was presented after 90 days from date;

2. When the maker or drawer -a. Pays the holder of the check the amount due within five banking days after receiving notice that such check has not been paid by the drawee;
b. Makes arrangements for payment in full by the drawee of such check within five banking days after notice of non-payment
316: other forms of

swindling
The drawee must cause to be written or stamped in plain language the reason for the dishonor.
If the drawee bank received an order of stop-payment from the drawer with no reason, it must be stated that the funds are insufficient to be prosecuted
here.
The unpaid or dishonored check with the stamped information re: refusal to pay is prima facie evidence of (1) the making or issuance of the check; (2) the
due presentment to the drawee for payment & the dishonor thereof; and (3) the fact that the check was properly dishonored for the reason stamped on the
check.
Under paragraph 1 By conveying, selling,
encumbering, or mortgaging any real
property, pretending to be the owner of the
same
Elements
1. There is an immovable, such as a parcel of land or
a building;
2. Offender who is not the owner represents himself
as the owner thereof;
3. Offender executes an act of ownership such as
selling, leasing, encumbering or mortgaging
the real property;
4.
The act is made to the prejudice to the owner
or a third person.
Under paragraph 2 by disposing of real property
as free from encumbrance, although such
encumbrance be not recorded
pahina. 128

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Elements
1. The thing disposed is a real property:
2. Offender knew that the real property was
encumbered, whether the encumbrance is recorded or
not;
3. There must be express representation by offender
that the real property is free from encumbrance;
4. The act of disposing of the real property is made
to the damage of another.
Under paragraph 3 by wrongfully taking by the
owner of his personal property from its lawful
possessor
Elements
1.Offender is the owner of personal property;
2.Said personal property is in the lawful possession of
another;
3. Offender wrongfully takes it from its lawful
possessor;
4.Prejudice is thereby caused to the possessor or third
person.
Under paragraph 4 by executing any fictitious
contract to the prejudice of another
Under paragraph 5 by accepting any compensation
for services not rendered or for labor not performed
Under paragraph 6 by selling, mortgaging or

encumbering real property or properties with which
Mere intent
Not sufficient
pahina. 129

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
the offender guaranteed the fulfillment of his

obligation as surety
317: swindling a
minor
318: other deceits
RA 8484
Elements
1. Offender is a surety in a bond given in a criminal
or civil action;
2.He guaranteed the fulfillment of such obligation
with his real property or properties;
3.He sells, mortgages, or in any manner encumbers
said real property;
4.Such sale, mortgage or encumbrance is without
express authority from the court, or made before the
cancellation of his bond, or before being relieved
from the obligation contracted by him.
That the offender takes advantage of the
inexperience or emotions or feelings of a minor
That he induces such minor to assume an obligation or
to give release or to execute a transfer of any
property right
That the consideration is some loan of money, credit,
or other personal property
That the transactions is to the detriment of such minor
Acts punished:
a) be defrauding or damaging another by any other
deceit not mentioned in the preceding articles
If real property
Art 318
b) by interpreting dreams, by making forecasts,

telling fortunes, by taking advantage of the credulity
of the public in any other manner, for profit of gain
Acces devices regulation act of 1998
pahina. 130

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
* check SBC mem aid

Chapter Seven
Chattel Mortgage
319: removal, sale or
pledge or mortgaged
property
First: Knowingly removing any personal property

mortgaged under the Chattel Mortgage law to any
province or city other than the one in which it was
located at the time of execution of the mortgage,
without the written consent of the mortgagee or his
executors, administrators or assigns;
If the gee elected too file a

suit for collection, not
foreclosure, thereby
abandoning the mortgage as
basis for relief, the removal of
the property
No art 319 (1)
No damage
Still 319 (2)
Elements:
1. Personal property is mortgaged under the Chattel
Mortgage Law;
2. Offender knows that such property is so
mortgaged;
3. Offender removes such mortgaged personal
property to any province or city other than the one in
which it was located at the time of the execution of
the mortgage;
4. The removal is permanent;
5. There is no written consent of the mortgagee or his
executors, administrators or assigns to such removal.
Second: Selling or pledging personal property
already pledged, or any part thereof, under the
terms of the Chattel Mortgage Law, without the
consent of the mortgagee written on the back of the
mortgage and noted on the record thereof in the
pahina. 131

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
office of the register of deeds of the province where

such property is located.
Elements:
1.Personal property is already pledged under the
terms of the Chattel Mortgage Law;
2.Offender, who is the mortgagor of such property,
sells or pledges the same or any part thereof;
3.There is no consent of the mortgagee written on the
back of the mortgage and noted on the record
thereof in the office of the register of deeds.
Chapter Eight
Arson and Other Crimes involving Destructions
Kinds of arson
1.
Arson, under Section 1 of Presidential Decree No. 1613;
2.
Destructive arson, under Article 320 of the Revised Penal Code, as amended by Republic Act No. 7659;
3.
Other cases of arson, under Section 3 of Presidential Decree No. 1613.
Section 1, PD 1613:
When any person burns or sets fire to the property of
Arson
which another, or his own property under the
circumstances which expose danger the life or
property of another.
320: Destructive
Committed by 2 or more persons, regardless of
Arson
whether their purpose is merely to burn or detroy the
building or the burning merely constitutes an overt act
in the commission of another violation of the law
When any person shall burn:
a) any arsenal, shipyard, storehouse, or military
power or fireworks factory, ordinance, storehouse,
Special AC:
a) committed with
intent to gain
b) committed for the
benefit of another
c) if the offender is
motivated by spite
or hatred towards
pahina. 132

Crime ONE
Sec 3, PD 1613:
Other cases of Arson
Modified
ELEMENTS
Crime
TWO
archives, or general museum of the govt

b) in an inhabited place, any storehouse or factory of
inflammable or explosive materials
Burning:
a) any building used as offices of the govt or any of
its agencies
b) any inhabited house or dwelling
c) any industrial establishment, shipyard, oil well or
mine shaft, platform or tunnel
d) any plantation, farm, pasture land, growing crop,
grain field, orchard, bamboo grove or forest;
e) any rice mill, sugar mill, cane mill, mill central
f) any railway or bus station, airport, wharf, or
warehouse
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
the owner or
occupant of the
property burned
d) committed by a
syndicate- planned
or carried out by 3
or more persons
Chapter Nine
Malicious Mischief
327: Malicious
Mischief
328: special cases of

malicious mischief
Qualified Malicious
Mischief
Offender deliberately caused damage to the

property of another
That such act does not constitute arson or other crimes
involving destruction
That the act of damaging anothers property be
committed merely for the sake of damaging it. Acted
through hate, revenge, evil motive.
1) causing damage to obstruct the performance of
public functions
2) using poisonous or corrosive substances
3) spreading any infection or contagion among cattle
4) causing damage to the property of the National
No malice
Only civil liability
With intent to gain

With public and tumultuous
uprising
Theft ( 308 (2))

Sedition
pahina. 133

Crime ONE
329: other mischiefs

330: Damage and
obstruction to means
of communication
331: destroying or
damaging statutes,
public monuments or
paintings
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Museum or Library, or to any archive or registry,

waterworks, road, promenade, or any other thing
used in common by the public.
Basis: value of the damaged caused
Any person who shall damage any railway, telegraph Damage shall result in the
Qualified Art 330
or telephone lines (tt pertains to railways)
derailment of cars, collision or
other accident
1) Any person who shall destroy or damage statutes or any other useful or ornamental public monuments
2) any person who shall destroy or damage any useful or ornamental painting of public nature.
Chapter Ten
Exemption from Criminal Liability in Crimes against Property
332: Persons exempt

from criminal liability
Crimes involved in the exemption

1.
Theft;
2.
Estafa; and
3.
Malicious mischief.
Persons exempted from criminal liability
1. Spouse, ascendants and descendants, or relatives by affinity in the same line;
2. Widowed spouse with respect to the property which belonged to the deceased spouse before the same passed into the possession of another
3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.
Only the relatives enumerated incur no liability if the crime relates to theft (not robbery), swindling, and malicious mischief. Third parties who participate
are not exempt. The relationship between the spouses is not limited to legally married couples; the provision applies to live-in partners.
Estafa should not be complexed with any other crime in order for exemption to operate.
pahina. 134

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
No criminal but only civil liability.

Title Eleven
Crimes Against Chastity
Chapter One
Adultery and Concubinage
333: Adultery
Woman is married
That she has sexual intercourse with a man not her
husband
That as regards the man with whom she has sexual
intercourse, he must know her to be married.
334: Concubinage
RA 9995
Marriage subsequently
declared void (valid till
voided)
Paramour/wife dead
Pardon before institution
Pardon after institution
Pardon one of them
Pardon both
Implied pardon
Consent
Art 333
No bar to Art 333 to
wife/man
Extinguish
No effect
Not effect
Extinguish
Extinguish
Bar
No crime of
frustrated
adultery
MC- abandoned by
sps without
justification
Husband is also
unfaithful
The man is married

He committed any of the acts:
a) keeping a mistress in the conjugal dwelling
b) having sexual intercourse under scandalous
circumstances with a woman who is not his wife ( can
be merely inferred)
c) cohabiting with her in any other place ( as H & W)
Anti-Photo and Video voyeurism Act
* check SBC mem aid
Chapter Two
pahina. 135

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Acts of Lasciviousness
336: Acts of
lasciviousness
That offender commits any act of lasciviousness or

lewdness
That the act of lasciviousness is committed against a
person of either sex
That it is done under any of the following
circumstances:
a) by using force or intimidation
b) offended party is deprived of reason or otherwise
unconscious
c) by means of fraudulent machination or grave abuse
of authority
d) when the offended party is under 12 yo or is
demented
Absent any
Unjust vexation
With intent to rape but was

only able to commit
preparatory acts
Attempted rape
Exactly 12yo
Still 336
There is no
attempted and
frustrated acts
of
lasciviousness
Chapter Three
Seduction, Corruption of Minors, and White Slave Trade
337: qualified
seduction
First: Seduction of a virgin over 12 years and under No sex only lewd designs
18 years of age by certain persons, such as a person
in authority, priest, teacher; and
Girl gave consent
Elements
1. Offended party is a virgin (physical virginity),
which is presumed if she is unmarried and of good
reputation;
2. She is over 12 and under 18 years of age;
3. Offender has sexual intercourse with her;
4. There is abuse of authority, confidence or
Under these:
a) by using force, threat, or
intimidation
b) when the woman is
deprived of reason or
otherwise unconscious
c) By means of fraudulent
Art 339
Still 337
Rape by sexual
intercourse
pahina. 136

Crime ONE
relationship on the part of the offender.
Second: Incest
Modified
ELEMENTS
Crime
TWO
machinations or grave abuse

of authority
d) when the woman is under
12 yo or demented
illegitimate
Still 337
Not a virgin
Still 338
Abuse of confidence or relp
ART 337
Upon a male
Acts of lasciviousness
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Seduction of a sister by her brother, or descendant

by her ascendant, regardless of her age or
reputation
338: Simple
Seduction
Offended party is over 12 and under 18 yo

She must be of good reputation, single or widow
Offender has sexual intercourse with her
It is committed by means of deceit useless
339: Acts of
Offender commits acts of lasciviousness or lewdness
Lasciviousness with the The acts are committed upon a woman who is a virgin
consent of the
or single or a widow of good reputation, under 18 yo
offended party
but over 12yo, OR a sister or descendant regardless
of her reputation or age
That the offender accomplishes the acts by abuse of
authority, confidence, relp, or deceit.
RA 7877
Anti-Sexual Harassment Act
Committed by any person having authority, influence or moral ascendancy over another in a work, training or education environment when he or she
demands, requests, or otherwise requires any sexual favor from the other regardless of whether the demand, request or requirement for submission is
accepted by the object of the said act (for a passing grade, or granting of scholarship or honors, or payment of a stipend, allowances, benefits,
considerations; favorable compensation terms, conditions, promotions or when the refusal to do so results in a detrimental consequence for the victim).
Also holds liable any person who directs or induces another to commit any act of sexual harassment, or who cooperates in the commission, the head of the
office, educational or training institution solidarily.
pahina. 137

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Complaints to be handled by a committee on decorum, which shall be determined by rules and regulations on such.
340: Corruption of
minors
Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.
Note: RA 7610. Section 5.
Child prostitution and other Sexual Abuse- children (male of female), who for money profit, or other consideration or due to the coercion, influence of any
syndicate or group, indulge in sexual intercourse or lascivious conduct are deemed to be children exploited in prostitution and other sexual abuse.
341: White Slave

Trade
*read SBC mem aid

Prohibited Acts:
1) engaging in the business of prostitution
2) profiting by prostitution
3) enlisting the services of women for the purpose of
prostitution.
Single act
Profit and habituality
Profit and habituality
Habituality
Corruption of minors
Chapter Four: Abduction

342: Forcible
Abduction
343: consented
abduction
That the person abducted is a woman; regardless of

her age, civil status, or reputation
Abduction is against her will
That abduction is with lewd design
Under 12 yo
ALWAYS Forcible
abduction
No lewd design
Grave coercion/
kidnapping
Attempted rape is
absorbed by
forcible abduction as
the former constitutes
the element of lewd
design.
Offended party is a virgin

She must be over 12 and under 18 yo
Taking away of the offended party must be with the
consent after solicitation or cajolery from the offender
That the taking away of the offended party must be
with lewd designs
pahina. 138

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Chapter Five: Provisions relation to the preceding chapters of title eleven

344- 346
* read SBC mem aid

Title Twelve
Crimes Against the Civil Status of Persons
Chapter One:
Simulation of Births and Usurpation of Civil Status
347: simulation of
births, substitution of
one child for another,
and concealment or
abandonment of a
legitimate child
348: Usurpation of
Civil Status
Acts punished:
1. Simulation of births;
2. Substitution of one child for another;
3. Concealing or abandoning any legitimate child
with intent to cause such child to lose its civil status.
Committed by assuming the filiations, or the parental

or conjugal rights of another with intent to enjoy the
rights arising from the civil status of the latter.
Person who simulates birth and Principal in 347

person who provides child
Father sells child
PD 603 art 59 (3)
Engaged in trading and

dealing with children
Child trafficking RA
7610 (sec7)
Purpose: to avoid the obli of

rearing and caring for the
child
committed with intent defraud
offended parties and their
heirs.
Purpose is not to enjoy rights
arising from civil status of
another
Abandionng a Minor
Purpose is not to enjoy rights
Estafa
Qualified 348
Art 178, using fictitious
name
pahina. 139

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
arising from civil status of

another and defraud 3rd
persons
Chapter Two: Illegal Marriages
349: Bigamy
350: Marriage
contracted against
the provisions of law
Offender is legally married
Marriage has not been dissolved or, in case the

spouse is absent the absent spouse could not yet be
presumed dead accdg to the Civil Code
That he contracts a second or subsequent marriage
That the second or subsequent marriage has all the
essential requisites of a valid marriage
Offender contracted marriage
That he knew at the time that
a) the requirements of the law were not complied with
b) marriage was in disregard of a legal impediment
1st mar is void or voidable

and no judicial declaration
Still 349
Death of 1st sps during

pendency of bigamy
proceedings
Does not extinguish

crime
2nd sps who knew of 1st

marriage
Accomplice
Person who vouched for the

capacity of either of the
contracting parties
Accomplice
Offender liable of bigamy
Art 349
Consent of either was

obtained by means of
Qualified 350
pahina. 140

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
violence, intimidation, fraud

351: premature
marriages
352: performance of
illegal marriages
Persons liable
1. A widow who is married within 301 days from the
date of the death of her husband, or before having
delivered if she is pregnant at the time of his death;
2. A woman who, her marriage having been annulled
or dissolved, married before her delivery or before
the expiration of the period of 301 days after the
date of the legal separation.
Priests or ministers of any religion or civil authorities
who shall perform or authorize any illegal marriage
ceremony shall be punished under marriage Law
1st husband who died was

impotent and married within
301 days
No crime
Not authorized to solemnize
Art 177, usurpation of

authority or public
function
Title Thirteen
Crimes against Honor
Chapter One
Libel
Section One: Definitions, Forms, and Punishment of the Crime
353: Libel
There must be an imputation of a crime, or a vice, or

defect, real or imaginary, or any act, omission,
condition, status, circumstance
That the imputation must be made publicly
It must be malicious
That the imputation must be directed at a natural
Criminal intention
Not libel
Opinion by person affected

by an act and based on
actual fact
Not libel
Different occasions + directed
# persons= # crimes
pahina. 141

Crime ONE
person or a juridical person, or one who is dead
354: requirement of
publicity
RA 4200
355: libel by means
of writing or similar
means
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
to diff persons
Single occasion + directed in
a class + general terms + no
particular person
No crime
Single occasion + applies to

all persons/ group + can
prove specifically directed to
him
Separate actions
Single Article + several

identifiable victims
# persons= # crimes
That the imputation must tend to cause the dishonor,

discredit, or contempt of the person defamed
PRESUMTION: every defamatory imputation is presumed to be malicious, EVEN IF IT BE TRUE
REBUTTED:
a) defamatory imputation is true, in case the law allows proof to the truth of the imputation
b) it is published with good intention
c) there is a justifiable motive for making it
Malice is not presumed in cases involving qualified privilege communication.
Anti-wire Tapping Act
1.
Writing;
Through amplifier system
2.
Printing;
3.
Lithography;
Made in the heat of passion +
4.
Engraving;
threat
5.
Radio;
6.
Photograph;
Slander
Serious threats
pahina. 142

Crime ONE
356: threatening to
publish and offer to
prevent such
publication for a
compensation
357: Prohibited
Publication of Acts
referred to in the
course of official
proceedings
Aka. GAG Law
Crime
TWO
7.
Painting;
8.
Theatrical exhibition;
9.
Cinematographic exhibition; or
10.
Any similar means.
Form or Blackmail
Acts punished
1. Threatening another to publish a libel concerning
him, or his parents, spouse, child, or other members of
his family;
2. Offering to prevent the publication of such libel for
compensation or money consideration.
Offender is a reporter, editor, or manager of a
newspaper, daily or magazine
He publishes facts connected with the private life of
another
Such facts are offensive to the honor, virtue, and
reputation of said person
358: Slander ( oral

defamation)
359: Slander by
Modified
ELEMENTS
Offender performs any act not included in any other
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
RA 1477:
reporter cannot
be compelled
to reveal
informant
unless Congress
demands it for
state security
Not heard by offended
Still 358
Not serious and insulting

Otherwise
Simple slander
Grave slander
Gossiping + defamatory
Gossiping + not defamatory
Slander
Intriguing against honor
In gf and reply + without

malice
Not serious and insulting
Self defense
Simple slander by deed
pahina. 143

Crime ONE
Modified
ELEMENTS

deed
crime against honor

That such act is performed in the presence of other
persons
That such act casts dishonor, discredit, or contempt
upon the offended party
Crime
TWO
Otherwise
Grave slander by deed
No intent to dishonor
Art 226, Maltreatment

by deed
Unjust Vexation
To irritate or annoy only
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Section Two: General Provisions

360: persons liable
for libel
361: proof of truth
362: libelous remarks
1) person who publishes, exhibits or causes the publication or exhibition of any defamation in writing or similar means
2) the author or editor of a book or pamphlet
3) the editor or business manager of a daily newspaper magazine or serial publication
4) the owner of the printing plant which publishes a libelous article with his consent and all other persons who in any way participate in or have connection
with its publication
When admissible in a charge for libel:
1) when the act or omission imputed constitutes a crime regardless or whether the offended party is a private individual or a pub off
2) when the offended party is a govt employee, even if the imputation does not constitute a crime provided it is related to the discharge of his official
duties
Libelous remarks or comments connected with the matter privilege under art 354, if made with malide, shall not exempt the author thereof not the editor or
managing editor of a newspaper from criminal liability
Chapter Two: Incriminatory Machinations
363: incriminating
innocent persons
364: Intriguing
against Honor
Offender performs an act

That by such act he directly incriminates or imputes to
an innocent person the commission of a crime
That such act does not constitute perjury
Committed by any person who shall make any
intrigue which has for its principal purpose to blemish
the honor or reputation of another
gives false statement before

an officer
perjury
Source know + public and

malicious + facts claimed true
Defamation
pahina. 144

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
Title Fourteen
Quasi- Offenses
Sole Chapter: Criminal Negligence
365: imprudence and
negligence
Quasi-offenses punished
1. Committing through reckless imprudence any act
which, had it been intentional, would constitute a
grave or less grave felony or light felony;
Lack of precaution displayed

in which the damage
impending to be caused is not
immediate nor the danger
clearly manifest.
MC and AC relative
to Art 64 is not
applicable.
MC: contributory
negligence.
2. Committing through simple imprudence or

negligence an act which would otherwise constitute a
grave or a less serious felony;
Last clear chance
Liable
Emergency rule
Not liable
3. Causing damage to the property of another

through reckless imprudence or simple imprudence or
negligence;
Many injured/ deaths
One offense only
Qualifying
Circumstance failing
to lend on the spot
help to victims of his
act of negligence.
4. Causing through simple imprudence or negligence

some wrong which, if done maliciously, would have
constituted a light felony.
Reckless Imprudence:
a) offender does or fails to do an act
b) that the doing of or failure to do that act is
voluntary
c) that it be without malice
d) material damage results
pahina. 145

Crime ONE
Modified
ELEMENTS
Crime
TWO
With
OTHER
Crimes
Circumstances
I- inherent
A- aggravating
e) that there is inexcusable lack of precaution on the

part of the person performing or failing to perform
such act taking into consideration:
- employment or occupation
- degree of intelligence, physical condition
- other circumstances regarding persons, time and
place
Dedicated to all my friends who will take the 2014 bar exams!
END OHHlala! ;)
pahina. 146

Crim 2 Notes

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CRIMES under the RPC and Special Laws

Elements. Punishable acts. simplified

BOOK TWO REVISED PENAL CODE OF THE PHILIPPINES

Offender: Filipino Citizen or Resident alien

Alien residing here

There is a war which the Philippines is involved.

Mere internal conflict/ causing

Committed during time of war

CRIMES under the RPC and Special Laws

Committed during time of war

Still Art 116

Section Two: Provoking War and Disloyalty

CRIMES under the RPC and Special Laws

Beauty contestant of a Foreign Espionage

118: inciting to war

Offender performs unlawful or unauthorized acts

CRIMES under the RPC and Special Laws

That there is a war in which the Philippines is involved

Innocent matters and there is

No prohibition but carries in

Offender intended to give aid Treason

There is a war which Ph is involved

The vessel is on the high seas/ ph waters

CRIMES under the RPC and Special Laws

1. by attacking or seizing a vessel on the high seas or

Vessel is on the high seas/ Ph waters

CRIMES under the RPC and Special Laws

Four situations governed by anti hi-jacking law:

Offender is a public officer or employee

Not public officer vested with

CRIMES under the RPC and Special Laws

Offender is a public officer or employee

Made by a private individual

Alien expelled by the

Court by final judgment order

CRIMES under the RPC and Special Laws

Elements/ acts punished

Offender is not authorized to do so by law

Offender is a public officer or employee

129: search warrant

Offender is a public officer

Private individual or public

paper/ effects not found in

129 AND perjury

CRIMES under the RPC and Special Laws

Offender is a public officer of employee

Not in the dwelling

Section Three: Prohibition Interruption, and Dissolution of Peaceful Meetings

Offender is a public officer or employee

Art 153: tumults

Art 143-144: crimes

CRIMES under the RPC and Special Laws

Elements/ acts punished

authorities for the correction of abuses or redress of

He is a public officer or employee

Qualified Art 132

There is public uprising AND taking of arms against

Levies war vs govt or gives

CRIMES under the RPC and Special Laws

For the purpose:

134-a: coup detat

b) depriving the president or congress, wholly or

Mere silence of knowledge of

With or without civilian