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THE

FT

US
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PAT
ION

ROB
BER
Y

BRI PIR
GA
ACY
ND
AG
E
ART. 308 Who are liable of theft Theft is committed by any
person who,
with intent to gain but
without violence, against, or
intimidation of persons nor
force upon things,
shall take personal property of
another without the latter's
consent.
Theft is likewise committed by:
1. Any person who, having found
lost property, shall fail to deliver
the same to the local authorities
or to its owner;
2. Any person who, after having
maliciously damaged the property
of another, shall remove or make
use of the fruits or object of the
damage caused by him; and
3. Any person who shall enter an
enclosed estate or a field where
trespass is forbidden or which
belongs to another and without
the consent of its owner, shall
hunt or fish upon the same or
shall gather cereals, or other
forest or farm products.
ART. 310 QUALIFIED
THEFT(higher degree)
1. if committed by a domestic
servant,
2. or with grave abuse of
confidence,
3. or if the property stolen
a. is motor vehicle, mail matter

ART. 312 Occupation of real


property or usurpation of real
rights in property
ACTS:
1. Any person who, by means of
violence against or
intimidation of persons, shall
take possession of any real
property
2. or shall usurp any real rights
in property belonging to
another by means of violence
against or intimidation of
persons
Elements:
a. offender takes possession of
any real property or usurps any
real rights in property
b. the real property / rights
belong to another
c. violence against or
intimidation of persons is used
by the offender
d. intent to gain
ART. 313 Altering Boundaries or
landmarks.
Elements:
a. any person alters boundary
marks
b. the existence of boundary
marks, or monuments of towns,
provinces, or estates, or any
other marks intended to
designate the boundaries of the
same

ART. 293 Who are guilty of


robbery
Any person who unlawfully
take personal property of
another,
with intent to gain,
by means of violence or
intimidation of any person, or
using force upon anything
CLASSIFICATIONS:
Section One. Robbery with
violence or intimidation of
persons.
ART. 294 ACTS PUNISHED:
1. when by reason or on
occasion of the robbery, the
crime of homicide shall have
been committed, or when the
robbery shall have been
accompanied by rape or
intentional mutilation, or
arson;
2. if by reason or on occasion of
such robbery, any of the
physical injuries
a. (imbecile, insane, impotent,
blind) or
b. (lost the use of speech or the
power to hear or to smell, or
shall have lost an eye, a hand,
a foot, an arm, or a leg or
shall have lost the use of any
such member, or shall have
become incapacitated for the
work in which he was therefor
habitually engaged) shall have
been inflicted;
3. if violence or intimidation
employed in the commission
of the robbery shall have been
carried to a degree clearly
unnecessary for the

Art.306. Who are brigands;


When more than three armed

Art. 122. Piracy

persons form a band of robbers


for the purpose of committing

high seas,

robbery in the highway,

shall attack or seize a


vessel or, not being a

or kidnapping persons for the

member of its

purpose of extortion

complement nor a

or to obtain ransom
or for any other purpose to be

any person who, on the

passenger,

shall seize the whole or

attained by means of force and

part of the cargo of said

violence,

vessel, its equipment,

they shall be deemed highway

robbers or brigands.

or personal belongings of
its complement or
passengers.

If any of the arms carried


by any of said persons be

Art. 123. Qualified piracy.

an unlicensed firearms, it

under any of the following

shall be presumed that said

circumstances:

persons are highway

1. Whenever they have seized a

robbers or brigands

vessel by boarding or firing upon


the same;

Art. 307. Aiding and abetting a

2. Whenever the pirates have

band of brigands.

abandoned their victims without

Any person knowingly and in any


manner aiding, abetting
or protecting a band of brigands

means of saving themselves; or


3. Whenever the crime is
accompanied by murder,

as described in the next

homicide, physical injuries or

preceding article,

rape.

or giving them information of the


movements of the police or
other peace officers of the
Government (or of the forces of
the United States Army),
when the latter are acting in aid
of the Government,

or large cattle
b. or consists of coconuts taken
from the premises of the
plantation
c. or fish taken from a fishpond or
fishery,
4. or if property is taken on the
occasion of fire, earthquake,
typhoon, volcanic eruption, or
any other calamity, vehicular
accident or civil disturbance.

commission of the crime,


or acquiring or receiving the
or when the course of its
property taken by such
execution, the offender shall
brigands shall be punished
have inflicted upon any
It shall be presumed that the
person not responsible for its
commission any of the
person performing any of the
physical injuries
acts provided in this article
a. (deformed, lost any other part
has performed them
of his body, or lost the use
knowingly, unless the
thereof, or shall have been ill
or incapacitated for the
contrary is proven.
performance of the work in
which he as habitually
engaged for a period of more
than 90 days);
b. (caused the illness or
incapacity for labor of the
injured person for more than
thirty days)
5. in other cases
4.

ART. 295 Qualifying


circumstances:
apply to nos. 3,4, 5
in an uninhabited place
by a band, (leader)

or by attacking a moving
train, street car, motor
vehicle or airship,
or by entering the
passenger's
compartments in a train
or
taking the passengers
thereof by surprise in the
respective conveyances,
or on a street, road,
highway, or alley, and the
intimidation is made with
the use of a firearm
Section Two Robbery by the
use of force upon things

ART. 299. Robbery in an


inhabited house or public building
or edifice devoted to worship.
Any armed person who
shall commit robbery in an
inhabited house or

public building or edifice


devoted to religious
worship,
if: (a) The malefactors
shall enter the house or
building in which the
robbery was committed,
by any of the following
means:
1. Through a opening not
intended for entrance or
egress.
2. By breaking any wall,
roof, or floor or breaking
any door or window.
3. By using false keys,
picklocks or similar tools.
4. By using any fictitious
name or pretending the
exercise of public
authority; Or
if (b) The robbery be
committed under any of
the following
circumstances:
1. By the breaking of
doors, wardrobes, chests,
or any other kind of locked
or sealed furniture or
receptacle;
2. By taking such
furniture or objects to be
broken or forced open
outside the place of the
robbery. When the
offenders do not carry
arms,

ART. 302 Robbery is an


uninhabited place or in a private
building.
1. If the entrance has been
effected through any opening not
intended for entrance or egress.
2. If any wall, roof, flour or outside
door or window has been broken.
3. If the entrance has been
effected through the use of false
keys, picklocks or other similar
tools. 4. If any dorm, wardrobe,
chest or by sealed or closed
furniture or receptacle has been
broken. 5. If any closed or sealed
receptacle, as mentioned in the
preceding paragraph, has been
removed even if the same to
broken open elsewhere.

R.A 6539 ( CARNAPPING)


"Carnapping"
is the taking,
with intent to gain,
of a motor vehicle belonging to
another without the latter's
consent,
or by means of violence
against or intimidation of
persons, or by using force upon
things.
"Motor vehicle" is any vehicle
propelled by any power other than
muscular power using the public
highways, but excepting road rollers,
trolley cars, street-sweepers,
sprinklers, lawn mowers, bulldozers,
graders, fork-lifts, amphibian trucks,
and cranes if not used on public
highways, vehicles, which run only on

P.D 533 (CATTLE RUSTLING)


Cattle rustling
is the taking away by any means,
method or scheme,
without the consent of the
owner/raiser, of any of the abovementioned animals
whether or not for profit or gain,
or whether committed with or
without violence against or
intimidation of any person or force
upon things.
It includes the killing of large
cattle, or taking its meat or hide
without the consent of the
owner/raiser.
Presumption of cattle rustling.
Every person having in his
possession, control or custody of
large cattle

P.D 532 (PIRACY AND HIGH ROBBERY)


Piracy
Any attack upon or seizure of any
vessel,
or the taking away of the whole or part
thereof or its cargo, equipment,
or the personal belongings of its
complement or passengers, irrespective
of the value thereof,

by means of violence against or


intimidation of persons or force upon
things,
committed by any person, including a
passenger or member of the
complement of said vessel,
in Philippine waters, shall be considered
as piracy.
The offenders shall be considered as
pirates and punished as hereinafter
provided.
Highway Robbery/Brigandage.

P.D 6235 (HIJACKING )


It shall be unlawful for any person to
compel a change in the course or
destination of an aircraft of
Philippine registry, or to seize or
usurp the control thereof, while it is
in flight. An aircraft is in flight from
the moment all its external doors
are closed following embarkation
until any of such doors is opened for
disembarkation.
It shall likewise be unlawful for any
person to compel an aircraft of
foreign registry to land in Philippine
territory or to seize or usurp the
control thereof while it is within the
said territory.
Any person violating any provision of the
foregoing section shall be punished by an
imprisonment of not less than twelve years
but not more than twenty years, or by a

rails or tracks, and tractors, trailers


and traction engines of all kinds used
exclusively for agricultural purposes.
Trailers having any number of wheels,
when propelled or intended to be
propelled by attachment to a motor
vehicle, shall be classified as separate
motor vehicle with no power rating.

shall, upon demand by competent


authorities, exhibit the documents
prescribed in the preceding sections.
Failure to exhibit the required
documents shall be prima facie
evidence that the large cattle in his
possession, control or custody are
the fruits of the crime of cattle
rustling.

TRESPASS TO DWELLING
Art. 280 Qualified trespass to dwelling
Any private person
who shall enter the dwelling of another
against the latter's will
The provisions of this article shall not be
applicable:
to any person who shall enter another's
dwelling
for the purpose of preventing some
serious harm to himself, the occupants
of the dwelling or a third person,

The seizure of any person for ransom,


extortion or other unlawful purposes,
or the taking away of the property of
another by means of violence against or
intimidation of person
or force upon things of other unlawful
means, committed by any person on
any Philippine Highway.

VIOLATION OF DOMICILE
Art. 128 Violation of domicile
any public officer or employee who,

not being authorized by judicial order, shall enter any


dwelling against the will of the owner thereof,
search papers or other effects found therein without the
previous consent of such owner,
or having surreptitiously entered said dwelling, and
being required to leave the premises, shall refuse to do
so.
NOT APPLICABLE:
If the offense be committed in the night-time

fine of not less than twenty thousand


pesos but not more than forty thousand
pesos.
QUALIFIED:
1. Whenever he has fired upon the pilot,
member of the crew or passenger of the
aircraft;
2. Whenever he has exploded or
attempted to explode any bomb or
explosive to destroy the aircraft; or
3. Whenever the crime is accompanied by
murder, homicide, serious physical injuries
or rape.
It shall be unlawful for any person,
natural or juridical, to ship, load or
carry in any passenger aircraft
operating as a public utility within
the Philippines, and explosive,
flammable, corrosive or poisonous
substance or material.
The shipping, loading or carrying of
any substance or material
mentioned in the preceding section
in any cargo aircraft operating as a
public utility within the Philippines
shall be in accordance with
regulations issued by the Civil
Aeronautics Administration.

VAGRANCY
Art. 202. The following are vagrants:
1. Any person having no apparent means of
subsistence, who has the physical ability to
work and who neglects to apply himself or
herself to some lawful calling;
2. Any person found loitering about public or
semi-public buildings or places or trampling or
wandering about the country or the streets
without visible means of support;
3. Any idle or dissolute person who ledges in
houses of ill fame; ruffians or pimps and those
who habitually associate with prostitutes;

nor shall it be applicable to any person


who shall enter a dwelling for the
purpose of rendering some service to
humanity or justice,
nor to anyone who shall enter cafes,
taverns, inn and other public houses,
while the same are open.

or if any papers or effects not constituting evidence of a


crime be not returned immediately after the search
made by the offender

Art. 281 Other forms of trespass


any person who shall enter the closed
premises or the fenced estate of another,

while either or them are uninhabited,

if the prohibition to enter be manifest


and the trespasser has not secured the
permission of the owner or the caretaker
thereof.

ARBITRARY DETENTION

Art. 124 Arbitrary detention


Any public officer or
employee who,
without legal grounds,
detains a person
Art. 125. Delay in the
delivery of detained persons
to the proper judicial
authorities
public officer or employee
who shall detain any person
for some legal ground

KIDNAPPING AND
SERIOUS ILLEGAL
DETENTION
Art. 267. Kidnapping and
serious illegal detention
Any private
individual who
shall kidnap or
detain another,

or in any other
manner deprive him
of his liberty
with any of the following
circumstances:
1. If the kidnapping or
detention shall have lasted

SLIGHT ILLEGAL
DETENTION

FORCIBLE
ABDUCTION

Art. 268
any private
individual who
shall commit the
crimes
described in the
next preceding
article
without the
attendance of
any of
circumstances
enumerated

Art. 342 Forcible


abduction
The abduction
of any woman
against her will
and
with lewd
designs
if the female
abducted be under
twelve years of age
higher penalty

4. Any person who, not being included in


the provisions of other articles of this
Code, shall be found loitering in any
inhabited or uninhabited place belonging
to another without any lawful or
justifiable purpose;
5. Prostitutes.
women who, for money or profit,
habitually indulge in sexual intercourse
or lascivious conduct, are deemed to
be prostitutes.

R.A 9208 ( ANTITRAFFICKING OF


PERSONS)
Trafficking in Persons
refers to the recruitment,
transportation, transfer or
harboring, or receipt of
persons with or without the
victim's consent or
knowledge, within or across
national borders by means of
threat or use of force, or other
forms of coercion, abduction,
fraud, deception, abuse of
power or of position, taking
advantage of the vulnerability

R.A 8042 ( ILLEGAL


RECRUITMENT)
illegal recruitment shall mean
any act of canvassing, enlisting,
contracting, transporting,
utilizing, hiring, procuring
workers and includes referring,
contact services, promising or
advertising for employment
abroad, whether for profit or
not, when undertaken by a nonlicense or non-holder of
authority
Provided, that such non-license

and shall fail to deliver such


person to the proper
judicial authorities
within the period of;
LP 12 HRS
Correctional P. 18 HRS
Capital P. 36 HRS
In every case, the person
detained shall be
informed of the cause of
his detention and shall be
allowed upon his request,
to communicate and
confer at any time with
his attorney or counsel.
Art. 126 Delaying release
any public officer or
employee who delays for
the period of time
specified therein the
performance of any
judicial or executive order
for the release of a
prisoner or detention
prisoner,
or unduly delays the
service of the notice of
such order to said
prisoner or the
proceedings upon any
petition for the liberation
of such person.
Art. 127 Expulsion
any public officer or
employee who,
not being thereunto
authorized by law,
shall expel any
person from the
Philippine Islands
or shall compel such

more than five days.


2. If it shall have been
committed simulating
public authority.
3. If any serious physical
injuries shall have been
inflicted upon the person
kidnapped or detained; or if
threats to kill him shall
have been made.
4. If the person kidnapped
or detained shall be a
minor, female or a public
officer.
ART. 269 Unlawful Arrest
any person, who
other than those
authorized by law,
or without
reasonable ground
thereof,
shall arrest or
detain another
for the purpose of
delivering him to
the proper
authorities

therein
The same penalty shall
be incurred by
anyone who

shall furnish the


place for the
perpetration of
the crime
If the offender shall
voluntarily release the
person so kidnapped or
detained within three
days from the
commencement of the
detention, without
having attained the
purpose intended, and
before the institution of
criminal proceedings
against him, the penalty
shall be prision mayor in
its minimum and
medium periods and a
fine not exceeding
seven hundred pesos.

Art. 343 Consented


abduction
The abduction
of a virgin
over twelve
years and
under eighteen
years of age,
carried out with
her consent
and with lewd
designs

of the person, or, the giving or


receiving of payments or
benefits to achieve the
consent of a person having
control over another person
for the purpose of
exploitation which
includes at a minimum, the
exploitation or the
prostitution of others or
other forms of sexual
exploitation, forced labor
or services, slavery,
servitude or the removal
or sale of organs.
The recruitment,
transportation, transfer,
harboring or receipt of a child
for the purpose of exploitation
shall also be considered as
"trafficking in persons" even if
it does not involve any of the
means set forth in the
preceding paragraph.

or non-holder, who, in any


manner, offers or promises for a
fee employment abroad to two
or more persons shall be
deemed so engaged. It shall
likewise include the following
acts, whether committed by any
persons, whether a nonlicensee, non-holder, licensee or
holder of authority.
(a) To charge or accept directly
or indirectly any amount greater
than the specified in the
schedule of allowable fees
prescribed by the Secretary of
Labor and Employment, or to
make a worker pay any amount
greater than that actually
received by him as a loan or
advance;
(b) To furnish or publish any
false notice or information or
document in relation to
recruitment or employment;
(c) To give any false notice,
testimony, information or
document or commit any act of
misrepresentation for the
purpose of securing a license or
authority under the Labor Code;
(d) To induce or attempt to
induce a worker already
employed to quit his
employment in order to offer
him another unless the transfer
is designed to liberate a worker
from oppressive terms and

person to change his


residence.

conditions of employment;
(e) To influence or attempt to
influence any persons or entity
not to employ any worker who
has not applied for employment
through his agency;
(f) To engage in the recruitment
of placement of workers in jobs
harmful to public health or
morality or to dignity of the
Republic of the Philippines;
(g) To obstruct or attempt to
obstruct inspection by the
Secretary of Labor and
Employment or by his duly
authorized representative;
(h) To fail to submit reports on
the status of employment,
placement vacancies,
remittances of foreign exchange
earnings, separations from jobs,
departures and such other
matters or information as may
be required by the Secretary of
Labor and Employment;
(i) To substitute or alter to the
prejudice of the worker,
employment contracts approved
and verified by the Department
of Labor and Employment from
the time of actual signing
thereof by the parties up to and
including the period of the
expiration of the same without
the approval of the Department

of Labor and Employment;


(j) For an officer or agent of a
recruitment or placement
agency to become an officer or
member of the Board of any
corporation engaged in travel
agency or to be engaged
directly on indirectly in the
management of a travel agency;
(k) To withhold or deny travel
documents from applicant
workers before departure for
monetary or financial
considerations other than those
authorized under the Labor
Code and its implementing rules
and regulations;
(l) Failure to actually deploy
without valid reasons as
determined by the Department
of Labor and Employment; and
(m) Failure to reimburse
expenses incurred by the
workers in connection with his
documentation and processing
for purposes of deployment, in
cases where the deployment
does not actually take place
without the worker's fault. Illegal
recruitment when committed by
a syndicate or in large scale
shall be considered as offense
involving economic sabotage.
Illegal recruitment is deemed
committed by a syndicate

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.
The persons criminally liable for
the above offenses are the
principals, accomplices and
accessories. In case of juridical
persons, the officers having
control, management or
direction of their business shall
be liable.

PEACEFUL MEETING, RELIGIOUS


WORSHIP

POPULAR REPRESENTATION &


PARLIAMENTARY IMMUNITY

SEDITION

ILLEGAL ASSEMBLY AND ASSOCIATION

Art. 131. Prohibition, interruption and

Art. 143. Act tending to prevent the

Art. 139 Sedition

Art. 146. Illegal assemblies

dissolution of peaceful meetings

meeting of the any person who,

any public officer or employee

by force or fraud,

who,

prevents the meeting of the

by persons who rise publicly and


tumultuously

without legal ground,

National Assembly (Congress of

intimidation, or by other means

shall prohibit or interrupt the

the Philippines)

outside of legal methods, any of the

shall dissolve the same.


The same penalty shall be imposed upon

or of any of its committees or


subcommittees, constitutional

persons

for the purpose of committing any


of the crimes punishable under this

following objects:
1. To prevent the promulgation or execution

the organizers or leaders of any


meeting attended by armed

in order to attain by force,

holding of a peaceful meeting, or

Code,

or of any meeting in which the

commissions or committees or

of any law or the holding of any popular

audience is incited to the

election;

commission of the crime of treason,

a public officer or employee who

divisions thereof, or of any

shall hinder any person from joining

provincial board or city or

any lawful association

municipal council or board.

2. To prevent the National Government, or


any provincial or municipal government or

rebellion or insurrection, sedition

or assault upon a person in

or from attending any of its


meetings.

The same penalty shall be imposed upon

any public officer thereof from freely


Art. 144. Disturbance of proceedings

any public officer or employee who

meetings of the National Assembly

shall prohibit or hinder any person

(Congress of the Philippines) or of

arresto mayor, unless they are

the person or property of any public

armed, in which case the penalty

officer or employee;

shall be prision correccional

any of its committees or

either alone or together with others,

subcommittees, constitutional

any petition to the authorities for

commissions or committees or

any act of hate or revenge against private

the correction of abuses or redress

divisions thereof, or of any

persons or any social class; and

of grievances.

provincial board or city or

Persons merely present at such


meeting shall suffer the penalty of

3. To inflict any act of hate or revenge upon

from addressing,

4. To commit, for any political or social end,

5. To despoil, for any political or social end,

unlicensed firearm, it shall be


presumed that the purpose of said
meeting, insofar as he is concerned, is

municipal council or board, or in

any person, municipality or province, or

to commit acts punishable under this

the presence of any such bodies

the National Government (or the

Code, and he shall be considered a

should behave in such manner as

Government of the United States), of all

leader or organizer of the meeting

any public officer or employee who

to interrupt its proceedings or to

its property or any part thereof

within the purview of the preceding

shall prevent or disturb the

impair the respect due it.

worship

ceremonies or manifestations of any


religion.
If the crime shall have been
committed with violence or threats,
the penalty shall be prision
correccional in its medium and
maximum periods.
Art. 133. Offending the religious
feelings

anyone who,

in a place devoted to religious


worship
or during the celebration of any
religious ceremony

the execution of any administrative order;

Art. 132. Interruption of religious

any person who disturbs the

exercising its or his functions, or prevent

authority or his agents.

shall perform acts notoriously


offensive to the feelings of the
faithful.

Art. 145. Violation of parliamentary


immunity
any person who
shall use force, intimidation,
threats, or fraud
to prevent any member of the
National Assembly (Congress of
the Philippines) from attending the
meetings of the Assembly
(Congress) or of any of its
committees or subcommittees,
constitutional commissions or
committees or divisions thereof,

from expressing his opinions or


casting his vote;
and the penalty of prision
correccional
shall be imposed upon any public
officer or employee
who shall, while the Assembly
(Congress) is in regular or special
session,

arrest or search any member


thereof,

paragraph.
Art. 142. Inciting to sedition

any person who, without taking any


direct part in the crime of sedition,

presidents of associations totally or

accomplishment of any of the acts

partially organized for

by means of speeches,
cartoons, banners, or other

Code

representations tending to the same


end,

or for some purpose contrary to


public morals.

Mere members of said associations

or upon any person or persons who

shall suffer the penalty of arresto

shall utter seditious words or

mayor.

speeches, write, publish,

the purpose of committing any of


the crimes punishable under this

proclamations, writings, emblems,

the founders, directors, and

should incite others to the


which constitute sedition,

Art. 147. Illegal associations

or circulate scurrilous libels against


the Government (of the United States
or the Government of the
Commonwealth) of the Philippines, or
any of the duly constituted authorities
thereof

except in case such member has


committed a crime punishable
under this Code by a penalty
higher than prision mayor.

or which tend to disturb or obstruct


any lawful officer in executing the
functions of his office,

or which tend to instigate others to


cabal and meet together for unlawful
purposes,

or which suggest or incite rebellious


conspiracies or riots,

or which lead or tend to stir up the


people against the lawful authorities

or to disturb the peace of the


community, the safety and order of
the Government,

or who shall knowingly conceal such


evil practices.

TUMULTS

ALARMS AND SCANDALS

Art. 153. Tumults and other

Art. 155. Alarms and scandals

disturbance of public orders;

1. Any person who within any

Tumultuous disturbance or

town or public place, shall

interruption liable to cause

discharge any firearm, rocket,

disturbance.

firecracker, or other

any person who

explosives calculated to cause

shall cause any serious

alarm or danger;

disturbance in a public place,

2. Any person who shall

office,

instigate or take an active

or establishment,

part in any charivari or other

or shall interrupt or disturb


public performances,
functions or gatherings, or
peaceful meetings, if the act

disorderly meeting offensive


to another or prejudicial to
public tranquility;
3. Any person who, while

is not included in the

wandering about at night or

provisions of Articles 131 and

while engaged in any other

132.

nocturnal amusements, shall

GRAVE SCANDAL
Art. 200 Grave Scandal
Any person
Who shall offend against
decency or good customs
by any highly scandalous
conduct not expressly
falling within any other
article of this Code

B.P 880 ( PUBLIC ASSEMBLY)


"Public assembly" means any
rally, demonstration, march,
parade, procession or any other
form of mass or concerted action
held in a public place for the
purpose of presenting a lawful
cause; or expressing an opinion to
the general public on any
particular issue; or protesting or
influencing any state of affairs
whether political, economic or
social; or petitioning the
government for redress of
grievances.
The processions, rallies, parades,
demonstrations, public meetings
and assemblages for religious
purposes shall be governed by
local ordinances: Provided,
however, That the declaration of

DECENCY
Art. 201. Immoral doctrines,
obscene publications and
exhibitions and indecent shows
shall be imposed upon:
(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;
(b) Those who, in theaters,
fairs, cinematographs or any

disturb the public peace; or


The penalty next higher in
degree shall be imposed upon

4. Any person who, while


intoxicated or otherwise, shall

persons causing any

cause any disturbance or

disturbance or interruption of

scandal in public places,

a tumultuous character

provided that the

The disturbance or

circumstances of the case

interruption shall be deemed

shall not make the provisions

to be tumultuous if caused by

of Article 153 applicable.

more than three persons who


are armed or provided with
means of violence.
The penalty of arresto mayor
shall be imposed upon

any person who in any


meeting, association, or
public place,

shall make any outcry


tending to incite rebellion

policy as provided in Section 2 of


this Act shall be faithfully
observed.

other place, exhibit, indecent or

The definition herein contained


shall not include picketing and
other concerted action in strike
areas by workers and employees
resulting from a labor dispute as
defined by the Labor Code, its
implementing rules and
regulations, and by the Batas
Pambansa Bilang 227

which are prescribed by virtue

"Maximum tolerance" means


the highest degree of restraint
that the military, police and other
peace keeping authorities shall
observe during a public assembly
or in the dispersal of the same.
Prohibited acts - The following
shall constitute violations of
this Act:

or sedition

or in such place shall


display placards or
emblems which provoke a
disturbance of the public
order

The penalty of arresto menor


and a fine not to exceed P200
pesos shall be imposed upon
these

persons who in violation


of the provisions
contained in the last
clause of Article 85,

shall bury with pomp the

immoral plays, scenes, acts or


shows, whether live or in film,
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, and good
customs, established policies,
lawful orders, decrees and
edicts;
(3) Those who shall sell, give
away or exhibit films, prints,

(a)
The holding of any public
assembly as defined in this Act by
any leader or organizer without
having first secured that written
permit where a permit is required
from the office concerned, or the
use of such permit for such
purposes in any place other than
those set out in said permit:
Provided, however, That no
person can be punished or held
criminally liable for participating
in or attending an otherwise
peaceful assembly;
(b)
Arbitrary and unjustified
denial or modification of a permit

engravings, sculpture or
literature which are offensive to
morals. (As amended by PD
Nos. 960 and 969).
Art. 202. Vagrants and
prostitutes; penalty. The
following are vagrants:
1. Any person having no
apparent means of subsistence,
who has the physical ability to
work and who neglects to apply
himself or herself to some
lawful calling;

body of a person who has


been legally executed.

in violation of the provisions of


this Act by the mayor or any other
official acting in his behalf.

2. Any person found loitering

(c)
The unjustified and
arbitrary refusal to accept or
acknowledge receipt of the
application for a permit by the
mayor or any official acting in his
behalf;

or wandering about the country

(d)
Obstructing, impeding,
disrupting or otherwise denying
the exercise of the right to
peaceful assembly;

those who habitually associate

(e)
The unnecessary firing of
firearms by a member of any law
enforcement agency or any
person to disperse the public
assembly;

provisions of other articles

(f)
Acts in violation of Section
10 hereof;

about public or semi-public


buildings or places or trampling
or the streets without visible
means of support;
3. Any idle or dissolute person
who ledges in houses of ill
fame; ruffians or pimps and
with prostitutes;
4. Any person who, not
being included in the
of this Code, shall be found
loitering in any inhabited or
uninhabited place belonging
to another without any
lawful or justifiable
purpose;
5. Prostitutes.

(g)
Acts described hereunder
if committed within one hundred
(100) meters from the area of
activity of the public assembly or
on the occasion thereof;
1.
the carrying of a deadly or
offensive weapon or device such
as firearm, pillbox, bomb, and the
like;
2.
the carrying of a bladed
weapon and the like;
3
the malicious burning of
any object in the streets or
thoroughfares;

women who, for money


or profit, habitually
indulge in sexual
intercourse or lascivious
conduct, are deemed to
be prostitutes.

4.
the carrying of firearms by
members of the law enforcement
unit;
5.
the interfering with or
intentionally disturbing the
holding of a public assembly by
the use of a motor vehicle, its
horns and loud sound systems.

FORGERIES

FALSIFICATIONS

FALSE TESTIMONY

Art. 161. Counterfeiting

Art. 170. Falsification of

Art. 180. False testimony against a

the great seal of the

legislative

defendant. Any person who shall

Government of the

any person who,

give false testimony against the

Philippine Islands, forging

without proper authority

defendant in any criminal case shall

therefor

suffer:

the signature or stamp of

alters any bill, resolution,

1. The penalty of reclusion

any person who

or ordinance enacted or

temporal, if the defendant in

shall forge the Great

approved or pending

said case shall have been

Seal of the

approval

sentenced to death;

by either House of the

2. The penalty of prision mayor,

the Chief Executive

Government of the
Philippine Islands or

Legislature

if the defendant shall have

PERJURY
Art. 183. False testimony in
other cases and perjury in
solemn affirmation

any person,
who knowingly makes
untruthful statements
and
not being included in
the provisions of the
next preceding
articles,
shall testify under

FRAUDS
Art. 185. Machinations in public
auctions. Any person who shall solicit
any gift or promise as a consideration for
refraining from taking part in any public
auction, and any person who shall
attempt to cause bidders to stay away
from an auction by threats, gifts,
promises, or any other artifice, with
intent to cause the reduction of the price
of the thing auctioned, shall suffer the
penalty of prision correccional in its

the signature or stamp

of the Chief Executive

or any provincial board or

been sentenced to reclusion

municipal council.

temporal or reclusion perpetua;


3. The penalty of prision

Art. 162. Using forged

Art. 171. Falsification by public

correccional, if the defendant

signature or counterfeit

officer, employee or notary or

shall have been sentenced to

seal or stamp

ecclesiastic minister

any other afflictive penalty; and

any person who

shall knowingly
make use of the

counterfeit seal or
forged signature or

any public officer,

4. The penalty of arresto mayor,

employee, or notary who,

if the defendant shall have

taking advantage of his

been sentenced to a

official position,

correctional penalty or a fine,

shall falsify a document by

or shall have been acquitted.

stamp mentioned in

committing any of the

the preceding

following acts:

article.

1. Counterfeiting or imitating any


handwriting, signature or

Art. 163. Making and


importing and uttering false
coins.

shall further suffer a fine not to


exceed 1,000 pesos.

rubric;
2. Causing it to appear that

Art. 181. False testimony

10 to 50 per centum of the value of the


thing auctioned.
Art. 186. Monopolies and
combinations in restraint of trade.
The penalty of prision correccional in
its minimum period or a fine ranging
from 200 to 6,000 pesos, or both,
shall be imposed upon:

Any person who, in case of a


solemn affirmation made in
lieu of an oath, shall commit
any of the falsehoods
mentioned in this and the
three preceding articles of
this section, shall suffer the
respective penalties provided
therein.

1. Any person who shall enter into


any contract or agreement or shall
take part in any conspiracy or
combination in the form of a trust or
otherwise, in restraint of trade or
commerce or to prevent by artificial
means free competition in the
market;

persons have participated in

favorable to the defendants.

2. Any person who shall monopolize

any act or proceeding when

Any person who shall give false

any merchandise or object of trade

makes, imports, or

they did not in fact so

testimony in favor of the

or commerce, or shall combine with

utters, false coins,

participate;

defendant in a criminal case,

any other person or persons to

shall suffer the penalties of

monopolize and merchandise or

counterfeiters, or

have participated in an act or

arresto mayor in its maximum

object in order to alter the price

importers

proceeding statements other

period to prision correccional in

thereof by spreading false rumors or

the counterfeited

than those in fact made by

its minimum period a fine not to

making use of any other article to

them;

exceed 1,000 pesos, if the

restrain free competition in the

prosecution is for a felony

market;

punishable by an afflictive

3. Any person who, being a

5. Altering true dates;

penalty, and the penalty of

manufacturer, producer, or processor

6. Making any alteration or

arresto mayor in any other

of any merchandise or object of

case.

commerce or an importer of any

coin be currency
of a foreign
country
Art. 164. Mutilation of

3. Attributing to persons who

4. Making untruthful statements


in a narration of facts;

coins; Importation and

intercalation in a genuine

utterance of mutilated

document which changes its

coins

meaning;

and 4 of this article the offender

minimum period and a fine ranging from

Any person who

in connivance with

In cases provided in subdivisions 3

oath, or make an
affidavit,
upon any material
matter before a
competent person
authorized to
administer an oath in
cases in which the
law so requires.
(court proceedings)

any person who


shall mutilate coins

7. Issuing in an authenticated
form a document purporting

Art. 182. False testimony in

merchandise or object of commerce

civil cases. Any person found

from any foreign country, either as

guilty of false testimony in a

principal or agent, wholesaler or

civil case shall suffer the

retailer, shall combine, conspire or

of the legal currency

to be a copy of an original

penalty of prision correccional

agree in any manner with any person

of the United States

document when no such

in its minimum period and a

likewise engaged in the

or of the Philippine

original exists, or including in

fine not to exceed 6,000 pesos,

manufacture, production,

Islands or import or

such a copy a statement

if the amount in controversy

processing, assembling or

utter mutilated

contrary to, or different from,

shall exceed 5,000 pesos, and

importation of such merchandise or

that of the genuine original; or

the penalty of arresto mayor in

object of commerce or with any

its maximum period to prision

other persons not so similarly

current coins, or in
connivance with

8. Intercalating any instrument

mutilators or

or note relative to the

correccional in its minimum

engaged for the purpose of making

importers.

issuance thereof in a protocol,

period and a fine not to exceed

transactions prejudicial to lawful

registry, or official book.

1,000 pesos, if the amount in

commerce, or of increasing the

Art. 165. Selling of false or

The same penalty shall be

controversy shall not exceed

market price in any part of the

mutilated coin, without

imposed upon any ecclesiastical

said amount or cannot be

Philippines, of any such merchandise

connivance.

minister who shall commit any of

estimated.

or object of commerce

The person who

the offenses enumerated in the

manufactured, produced, processed,

knowingly,

preceding paragraphs of this

assembled in or imported into the

although without the

article, with respect to any record

Art. 184. Offering false

Philippines, or of any article in the

connivance

or document of such character

testimony in evidence. Any

manufacture of which such

mentioned in the

that its falsification may affect the

person who shall knowingly

manufactured, produced, or

preceding articles,

civil status of persons.

offer in evidence a false witness

imported merchandise or object of

or testimony in any judicial or

commerce is used.

shall possess false or


mutilated coin with

Art. 172. Falsification by private

official proceeding, shall be

intent to utter the

individual and use of falsified

punished as guilty of false

If the offense mentioned in this article

same

documents

testimony and shall suffer the

affects any food substance, motor fuel or

or shall actually utter

1. Any private individual who shall

respective penalties provided in

lubricants, or other articles of prime

this section.

necessity, the penalty shall be that of

such coin,

commit any of the falsifications


enumerated in the next

prision mayor in its maximum and

Art. 166. Forging treasury

preceding article in any public

medium periods it being sufficient for the

or bank notes on other

or official document or letter of

imposition thereof that the initial steps

documents payable to

exchange or any other kind of

have been taken toward carrying out the

commercial document; and

purposes of the combination.

bearer; importing, and


uttering such false or

2. Any person who, to the

Any property possessed under any

forged notes and

damage of a third party, or

contract or by any combination

documents.

with the intent to cause such

mentioned in the preceding

The forging or

damage, shall in any private

paragraphs, and being the subject

falsification of

document commit any of the

thereof, shall be forfeited to the

treasury or bank

acts of falsification enumerated

Government of the Philippines.

notes or certificates

in the next preceding article.

or other obligations

Any person who shall knowingly

Whenever any of the offenses

and securities

introduce in evidence in any

described above is committed by a

payable to bearer

judicial proceeding or to the

corporation or association, the

and the importation

damage of another or who, with

president and each one of its agents

and uttering in

the intent to cause such damage,

or representatives in the Philippines

connivance with

shall use any of the false

in case of a foreign corporation or

forgers or importers

documents embraced in the next

association, who shall have

of such false or

preceding article, or in any of the

knowingly permitted or failed to

forged obligations or

foregoing subdivisions of this

prevent the commission of such

notes, shall be

article, shall be punished by the

offense, shall be held liable as

punished as follows:

penalty next lower in degree.

principals thereof.

1. By reclusion temporal
in its minimum period

Art. 187. Importation and disposition of

and a fine not to exceed

falsely marked articles or merchandise

P10,000 pesos, if the

made of gold, silver, or other precious

document which has

metals or their alloys. The penalty of

been falsified,

prision correccional or a fine ranging from

counterfeited, or

200 to 1,000 pesos, or both, shall be

altered, is an obligations

imposed on any person who shall

or security of the United

knowingly import or sell or dispose of any

States or of the

article or merchandise made of gold,

Philippines Islands.

silver, or other precious metals, or their


alloys, with stamps, brands, or marks

The word "obligation or

which fail to indicate the actual fineness

security of the United

or quality of said metals or alloys.

States or of the

Any stamp, brand, label, or mark

Philippine Islands" shall

shall be deemed to fail to indicate

be held to mean all

the actual fineness of the article on

bonds, certificates of

which it is engraved, printed,

indebtedness, national

stamped, labeled or attached, when

bank notes, fractional

the rest of the article shows that the

notes, certificates of

quality or fineness thereof is less by

deposit, bills, checks, or

more than one-half karat, if made of

drafts for money, drawn

gold, and less by more than four

by or upon authorized

one-thousandth, if made of silver,

officers of the United

than what is shown by said stamp,

States or of the

brand, label or mark. But in case of

Philippine Islands, and

watch cases and flatware made of

other representatives of

gold, the actual fineness of such

value, of whatever

gold shall not be less by more than

denomination, which

three one-thousandth than the

have been or may be

fineness indicated by said stamp,

issued under any act of

brand, label, or mark.

the Congress of the


United States or of the

Art. 188. Subsisting and altering

Philippine Legislature.

trade-mark, trade-names, or service


marks. The penalty of prision

2. By prision mayor in its

correccional in its minimum period

maximum period and a

or a fine ranging from 50 to 2,000

fine not to exceed

pesos, or both, shall be imposed

P5,000 pesos, if the

upon:

falsified or altered

1. Any person who shall substitute

document is a

the trade name or trade-mark of

circulating note issued

some other manufacturer or dealer

by any banking

or a colorable imitation thereof, for

association duly

the trademark of the real

authorized by law to

manufacturer or dealer upon any

issue the same.

article of commerce and shall sell

3. By prision mayor in its

the same;

medium period and a

2. Any person who shall sell such

fine not to exceed

articles of commerce or offer the

P5,000 pesos, if the

same for sale, knowing that the

falsified or counterfeited

trade-name or trade- mark has been

document was issued by

fraudulently used in such goods as

a foreign government

described in the preceding


subdivision;

4. By prision mayor in its

3. Any person who, in the sale or

minimum period and a

advertising of his services, shall use

fine not to exceed

or substitute the service mark of

P2,000 pesos, when the

some other person, or a colorable

forged or altered

imitation of such mark; or

document is a

4. Any person who, knowing the

circulating note or bill

purpose for which the trade-name,

issued by a foreign bank

trade-mark, or service mark of a

duly authorized therefor.

person is to be used, prints,


lithographs, or in any way

Art. 167. Counterfeiting,

reproduces such trade-name, trade-

importing and uttering

mark, or service mark, or a colorable

instruments not payable to

imitation thereof, for another

bearer. Any person who

person, to enable that other person

shall forge, import or utter,

to fraudulently use such trade-name,

in connivance with the

trade-mark, or service mark on his

forgers or importers, any

own goods or in connection with the

instrument payable to order

sale or advertising of his services.

or other document of credit


not payable to bearer, shall

is a word or words, name, title, symbol,

suffer the penalties of

emblem, sign or device, or any

prision correccional in its

combination thereof used as an

medium and maximum

advertisement, sign, label, poster, or

periods and a fine not

otherwise, for the purpose of enabling

exceeding P6,000 pesos.

the public to distinguish the business of


the person who owns and uses said

Art. 168. Illegal

trade-name or trade-mark.

possession and use of

A service mark as herein used is a

false treasury or bank

mark used in the sale or advertising

notes and other

of services to identify the services of

instruments of credit.

one person and distinguish them

Unless the act be one of

from the services of others and

those coming under the

includes without limitation the

provisions of any of the

marks, names, symbols, titles,

preceding articles, any

designations, slogans, character

person who shall

names, and distinctive features of

knowingly use or have in

radio or other advertising.

his possession, with


intent to use any of the

Art. 189. Unfair competition,

false or falsified

fraudulent registration of trade-

instruments referred to

mark, trade-name or service mark,

in this section, shall

fraudulent designation of origin, and

suffer the penalty next

false description. The penalty

lower in degree than

provided in the next proceeding

that prescribed in said

article shall be imposed upon:

articles.

1. Any person who, in unfair


competition and for the purposes of

Art. 169. How forgery is

deceiving or defrauding another of

committed. The

his legitimate trade or the public in

forgery referred to in

general, shall sell his goods giving

this section may be

them the general appearance of

committed by any of the

goods of another manufacturer or

following means:

dealer, either as to the goods

1. By giving to a

themselves, or in the wrapping of

treasury or bank note or

the packages in which they are

any instrument, payable

contained or the device or words

to bearer or order

thereon or in any other features of

mentioned therein, the

their appearance which would be

appearance of a true

likely to induce the public to believe

genuine document.

that the goods offered are those of a

2. By erasing,

manufacturer or dealer other than

substituting,

the actual manufacturer or dealer or

counterfeiting or

shall give other persons a chance or

altering by any means

opportunity to do the same with a

the figures, letters,

like purpose.

words or signs

2. Any person who shall affix, apply,

contained therein.

annex or use in connection with any


goods or services or any container or
containers for goods a false
designation of origin or any false
description or representation and
shall sell such goods or services.

3. Any person who by means of false


or fraudulent representation or
declarations orally or in writing or by
other fraudulent means shall
procure from the patent office or
from any other office which may
hereafter be established by law for
the purposes the registration of a
trade-name, trade-mark or service
mark or of himself as the owner of
such trade-name, trade-mark or
service mark or an entry respecting
a trade-name, trade-mark or service
mark.

ESTAFA
Art. 314. Fraudulent insolvency. Any person who shall
abscond with his property to the prejudice of his creditors,
shall suffer the penalty of prision mayor, if he be a
merchant and the penalty of prision correccional in its
maximum period to prision mayor in its medium period, if
he be not a merchant.
SWINDLING AND OTHER DECEITS
Art. 315. Swindling (estafa).

Any person who

shall defraud another by any of the

1. With unfaithfulness or abuse of confidence,


namely:
(a) By altering the substance, quantity, or quality or
anything of value which the offender shall deliver by virtue
of an obligation to do so, even though such obligation be

B.P 22 (BOUNCING CHECKS)


Section 1. Checks without sufficient funds. - Any person who
makes or draws and issues any check to apply on account or
for value, knowing at the time of issue that he does not
have sufficient funds in or credit with the drawee bank for
the payment of such check in full upon its presentment,
which check is subsequently dishonored by the drawee bank
for insufficiency of funds or credit or would have been
dishonored for the same reason had not the drawer, without
any valid reason, ordered the bank to stop payment, shall
be punished by imprisonment of not less than thirty days
but not more than one (1) year or by a fine of not less than
but not more than double the amount of the check which
fine shall in no case exceed Two Hundred Thousand Pesos,
or both such fine and imprisonment at the discretion of the
court. chan robles virtual law library

USURPATION OF CIVIL STATUS

The same penalty shall be imposed upon any person who,


having sufficient funds in or credit with the drawee bank
when he makes or draws and issues a check, shall fail to
keep sufficient funds or to maintain a credit to cover the full
amount of the check if presented within a period of ninety
(90) days from the date appearing thereon, for which reason

crimes mentioned in the two next preceding

Art. 347. Simulation of births, substitution of one


child for another and concealment or
abandonment of a legitimate child. The
simulation of births and the substitution of one
child for another shall be punished by prision
mayor and a fine of not exceeding 1,000 pesos
The same penalties shall be imposed upon any
person who shall conceal or abandon any
legitimate child with intent to cause such child to
lose its civil status.
Any physician or surgeon or public officer who, in
violation of the duties of his profession or office,
shall cooperate in the execution of any of the
paragraphs, shall suffer the penalties therein
prescribed and also the penalty of temporary
special disqualification.

based on an immoral or illegal consideration.


(b) By misappropriating or converting, to the prejudice of
another, money, goods, or any other personal property
received by the offender in trust or on commission, or for

it is dishonored by the drawee bank.


Where the check is drawn by a corporation, company or
entity, the person or persons who actually signed the check
in behalf of such drawer shall be liable under this Act.

administration, or under any other obligation involving the


duty to make delivery of or to return the same, even
though such obligation be totally or partially guaranteed
by a bond; or by denying having received such money,
goods, or other property.
(c) By taking undue advantage of the signature of the
offended party in blank, and by writing any document
above such signature in blank, to the prejudice of the
offended party or of any third person.
2. By means of any of the following false pretenses
or fraudulent acts executed prior to or
simultaneously with the commission of the fraud:
(a) By using fictitious name, or falsely pretending to
possess power, influence, qualifications, property, credit,
agency, business or imaginary transactions, or by means
of other similar deceits.
(b) By altering the quality, fineness or weight of anything
pertaining to his art or business.
(c) By pretending to have bribed any Government
employee, without prejudice to the action for calumny
which the offended party may deem proper to bring
against the offender. In this case, the offender shall be
punished by the maximum period of the penalty.
(d) [By post-dating a check, or issuing a check in payment
of an obligation when the offender had no funds in the
bank, or his funds deposited therein were not sufficient to
cover the amount of the check. The failure of the drawer of
the check to deposit the amount necessary to cover his
check within three (3) days from receipt of notice from the
bank and/or the payee or holder that said check has been

Art. 348. Usurpation of civil status. The penalty


of prision mayor shall be imposed upon any
person who shall usurp the civil status of
another, should he do so for the purpose of
defrauding the offended part or his heirs;

Sec. 2. Evidence of knowledge of insufficient funds. - The


making, drawing and issuance of a check payment of which
is refused by the drawee because of insufficient funds in or
credit with such bank, when presented within ninety (90)
days from the date of the check, shall be prima facie
evidence of knowledge of such insufficiency of funds or
credit unless such maker or drawer pays the holder thereof
the amount due thereon, or makes arrangements for
payment in full by the drawee of such check within (5)
banking days after receiving notice that such check has not
been paid by the drawee.

otherwise, the penalty of prision correccional in


its medium and maximum periods shall be
imposed.

dishonored for lack of insufficiency of funds shall be prima


facie evidence of deceit constituting false pretense or
fraudulent act.
(e) By obtaining any food, refreshment or accommodation
at a hotel, inn, restaurant, boarding house, lodging house,
or apartment house and the like without paying therefor,
with intent to defraud the proprietor or manager thereof,
or by obtaining credit at hotel, inn, restaurant, boarding
house, lodging house, or apartment house by the use of
any false pretense, or by abandoning or surreptitiously
removing any part of his baggage from a hotel, inn,
restaurant, boarding house, lodging house or apartment
house after obtaining credit, food, refreshment or
accommodation therein without paying for his food,
refreshment or accommodation.
3. Through any of the following fraudulent means:
(a) By inducing another, by means of deceit, to sign any
document.
(b) By resorting to some fraudulent practice to insure
success in a gambling game.
(c) By removing, concealing or destroying, in whole or in
part, any court record, office files, document or any other
papers.
Art. 316. Other forms of swindling.
1. Any person who, pretending to be owner of any
real property, shall convey, sell, encumber or
mortgage the same.
2. Any person, who, knowing that real property is
encumbered, shall dispose of the same, although
such encumbrance be not recorded.
3. The owner of any personal property who shall
wrongfully take it from its lawful possessor, to the
prejudice of the latter or any third person.

4. Any person who, to the prejudice of another,


shall execute any fictitious contract.
5. Any person who shall accept any compensation
given him under the belief that it was in payment of
services rendered or labor performed by him, when
in fact he did not actually perform such services or
labor.
6. Any person who, while being a surety in a bond
given in a criminal or civil action, without express
authority from the court or before the cancellation
of his bond or before being relieved from the
obligation contracted by him, shall sell, mortgage,
or, in any other manner, encumber the real property
or properties with which he guaranteed the
fulfillment of such obligation.
Art. 317. Swindling a minor.
Any person who taking advantage of the inexperience or
emotions or feelings of a minor, to his detriment, shall
induce him to assume any obligation or to give any
release or execute a transfer of any property right in
consideration of some loan of money, credit or other
personal property, whether the loan clearly appears in the
document or is shown in any other form
Art. 318. Other deceits.
any person who shall defraud or damage another by
any other deceit not mentioned in the preceding
articles of this chapter.
Any person who, for profit or gain, shall interpret
dreams, make forecasts, tell fortunes, or take
advantage of the credulity of the public in any other
similar manner, shall suffer the penalty of arresto
mayor or a fine not exceeding 200 pesos.

LIBEL

SLANDER

INCRIMINATING / INTRIGUNG TO
PERSONS

UNLAWFUL PUBLICATIONS

Art. 353. Definition of libel. A libel is

Art. 358. Slander. Oral defamation

Art. 363. Incriminating innocent person.

Art. 154. Unlawful use of means of

public and malicious imputation of a crime,

shall be punished by arresto mayor in

Any person who, by any act not

publication and unlawful utterances.

or of a vice or defect, real or imaginary, or

its maximum period to prision

constituting perjury, shall directly

The penalty of arresto mayor and a

any act, omission, condition, status, or

correccional in its minimum period if

incriminate or impute to an innocent

fine ranging from P200 to P1,000

circumstance tending to cause the

it is of a serious and insulting nature;

person the commission of a crime, shall be

pesos shall be imposed upon:

dishonor, discredit, or contempt of a

otherwise the penalty shall be arresto

punished by arresto menor.

1. Any person who by means of

natural or juridical person, or to blacken

menor or a fine not exceeding 200

the memory of one who is dead.

pesos.

Art. 364. Intriguing against honor.

means of publication shall publish or

Art. 354. Requirement for publicity.

Art. 359. Slander by deed. The

The penalty of arresto menor or fine

cause to be published as news any

Every defamatory imputation is

penalty of arresto mayor in its

not exceeding 200 pesos shall be

false news which may endanger the

presumed to be malicious, even if it

maximum period to prision

imposed for any intrigue which has

public order, or cause damage to the

be true, if no good intention and

correccional in its minimum period or

for its principal purpose to blemish

interest or credit of the State;

justifiable motive for making it is

a fine ranging from 200 to 1,000

the honor or reputation of a person.

2. Any person who by the same

shown, except in the following cases:

pesos shall be imposed upon any

means, or by words, utterances or

1. A private communication made by

person who shall perform any act not

speeches shall encourage

any person to another in the

included and punished in this title,

disobedience to the law or to the

performance of any legal, moral or

which shall cast dishonor, discredit or

constituted authorities or praise,

social duty; and

contempt upon another person. If said

justify, or extol any act punished by

2. A fair and true report, made in

act is not of a serious nature, the

law;

good faith, without any comments or

penalty shall be arresto menor or a

3. Any person who shall maliciously

remarks, of any judicial, legislative or

fine not exceeding 200 pesos.

publish or cause to be published any

printing, lithography, or any other

other official proceedings which are

official resolution or document

not of confidential nature, or of any

without proper authority, or before

statement, report or speech delivered

they have been published officially; or

in said proceedings, or of any other

4. Any person who shall print, publish,

act performed by public officers in the

or distribute or cause to be printed,

exercise of their functions.

published, or distributed books,


pamphlets, periodicals, or leaflets

Art. 355. Libel means by writings or

which do not bear the real printer's

similar means. A libel committed by

name, or which are classified as

means of writing, printing, lithography,

anonymous.

engraving, radio, phonograph, painting,


theatrical exhibition, cinematographic

Art. 155. Alarms and scandals. The

exhibition, or any similar means, shall be

penalty of arresto menor or a fine not

punished by prision correccional in its

exceeding P200 pesos shall be imposed

minimum and medium periods or a fine

upon:

ranging from 200 to 6,000 pesos, or both,

1. Any person who within any town or

in addition to the civil action which may be

public place, shall discharge any

brought by the offended party.

firearm, rocket, firecracker, or other

Art. 356. Threatening to publish and

explosives calculated to cause alarm

offer to present such publication for a

or danger;

compensation. The penalty of

2. Any person who shall instigate or

arresto mayor or a fine from 200 to

take an active part in any charivari or

2,000 pesos, or both, shall be

other disorderly meeting offensive to

imposed upon any person who

another or prejudicial to public

threatens another to publish a libel

tranquility;

concerning him or the parents,

3. Any person who, while wandering

spouse, child, or other members of

about at night or while engaged in

the family of the latter or upon

any other nocturnal amusements,

anyone who shall offer to prevent the

shall disturb the public peace; or

publication of such libel for a

4. Any person who, while intoxicated

compensation or money

or otherwise, shall cause any

consideration.

disturbance or scandal in public


places, provided that the

Art. 357. Prohibited publication of

circumstances of the case shall not

acts referred to in the course of

make the provisions of Article 153

official proceedings. The penalty of

applicable.

arresto mayor or a fine of from 20 to


2,000 pesos, or both, shall be
imposed upon any reporter, editor or
manager or a newspaper, daily or
magazine, who shall publish facts
connected with the private life of

another and offensive to the honor,


virtue and reputation of said person,
even though said publication be made
in connection with or under the
pretext that it is necessary in the
narration of any judicial or
administrative proceedings wherein
such facts have been mentioned.

HOMICIDE

INFANTICIDE

ABORTION

Art. 249. Homicide. Any person

rt. 255. Infanticide. The penalty

Art. 256. Intentional

who, not falling within the

provided for parricide in Article

abortion. Any person who

provisions of Article 246, shall kill

246 and for murder in Article 248

shall intentionally cause an

another without the attendance of

shall be imposed upon any person

abortion shall suffer:

any of the circumstances

who shall kill any child less than

1. The penalty of reclusion

enumerated in the next preceding

three days of age.

temporal, if he shall use any

article, shall be deemed guilty of

If the crime penalized in this

violence upon the person of

homicide and be punished by

article be committed by the

the pregnant woman.

reclusion temporal.

mother of the child for the

Art. 250. Penalty for

purpose of concealing her

mayor if, without using

attendant circumstances:

frustrated parricide, murder

dishonor, she shall suffer the

violence, he shall act without

1. With treachery, taking

2. The penalty of prision

PARRICIDE
Art. 246. Parricide. Any person
who shall kill his father, mother,
or child, whether legitimate or
illegitimate, or any of his
ascendants, or descendants, or
his spouse, shall be guilty of
parricide and shall be punished
by the penalty of reclusion
perpetua to death.

MURDER
Art. 248. Murder. Any
person who, not falling within
the provisions of Article 246
shall kill another, shall be
guilty of murder and shall be
punished by reclusion
temporal in its maximum
period to death, if committed
with any of the following

or homicide. The courts, in

penalty of prision correccional

the consent of the

advantage of superior

view of the facts of the case,

in its medium and maximum

woman.chanrobles virtual law

strength, with the aid of

may impose upon the person

periods, and if said crime be

library

armed men, or employing

guilty of the frustrated crime

committed for the same

3. The penalty of prision

means to weaken the defense

of parricide, murder or

purpose by the maternal

correccional in its medium

or of means or persons to

homicide, defined and

grandparents or either of

and maximum periods, if the

insure or afford impunity

penalized in the preceding

them, the penalty shall be

woman shall have consented.

2. In consideration of a price,

articles, a penalty lower by

prision mayor.

reward, or promise.

one degree than that which

Art. 257. Unintentional abortion.

3. By means of inundation,

should be imposed under the

The penalty of prision

fire, poison, explosion,

provision of Article

correccional in its minimum and

shipwreck, stranding of a

50.chanrobles virtual law

medium period shall be imposed

vessel, derailment or assault

library

upon any person who shall cause

upon a street car or

The courts, considering the

an abortion by violence, but

locomotive, fall of an airship,

facts of the case, may

unintentionally.

by means of motor vehicles,

likewise reduce by one degree

or with the use of any other

the penalty which under

Art. 258. Abortion practiced

means involving great waste

Article 51 should be imposed

by the woman herself of by

and ruin.

for an attempt to commit any

her parents. The penalty of

of such crimes

prision correccional in its medium

calamities enumerated in the

and maximum periods shall be

preceding paragraph, or of an

imposed upon a woman who shall

earthquake, eruption of a

practice abortion upon herself or

volcano, destructive cyclone,

shall consent that any other

epidemic or other public

person should do so.

calamity.

Any woman who shall commit this


offense to conceal her dishonor,
shall suffer the penalty of prision

4. On occasion of any of the

5. With evident
premeditation.
6. With cruelty, by

correccional in its minimum and

deliberately and inhumanly

medium periods

augmenting the suffering of


the victim, or outraging or

If this crime be committed by the

scoffing at his person or

parents of the pregnant woman or

corpse.

either of them, and they act with


the consent of said woman for the

purpose of concealing her


dishonor, the offenders shall
suffer the penalty of prision
correccional in its medium and
maximum periods
Art. 259. Abortion practiced by a
physician or midwife and
dispensing of abortives. The
penalties provided in Article 256
shall be imposed in its maximum
period, respectively, upon any
physician or midwife who, taking
advantage of their scientific
knowledge or skill, shall cause an
abortion or assist in causing the
same.
Any pharmacist who, without the
proper prescription from a
physician, shall dispense any
abortive

TULMULTOUS AFFRAY
rt. 252. Physical injuries inflicted in a tumultuous
affray. When in a tumultuous affray as referred to in
the preceding article, only serious physical injuries are
inflicted upon the participants thereof and the person
responsible thereof cannot be identified, all those who
appear to have used violence upon the person of the
offended party shall suffer the penalty next lower in

Discharge of Firearms
Art. 254. Discharge of firearms.
Any person who shall shoot at another with any firearm
shall suffer the penalty of prision correccional in its
minimum and medium periods, unless the facts of the
case are such that the act can be held to constitute
frustrated or attempted parricide, murder, homicide or
any other crime for which a higher penalty is prescribed
by any of the articles of this Code.

DUEL
Art. 260. Responsibility of participants in a duel. The
penalty of reclusion temporal shall be imposed upon
any person who shall kill his adversary in a duel.
If he shall inflict upon the latter physical injuries
only, he shall suffer the penalty provided
therefor, according to their nature.

degree than that provided for the physical injuries so

In any other case, the combatants shall suffer

inflicted.

the penalty of arresto mayor, although no


physical injuries have been inflicted.

When the physical injuries inflicted are of a less

The seconds shall in all events be punished as

serious nature and the person responsible therefor

accomplices.

cannot be identified, all those who appear to have used

any violence upon the person of the offended party

Art. 261. Challenging to a duel. The penalty of

shall be punished by arresto mayor from five to fifteen

prision correccional in its minimum period shall be

days.

imposed upon any person who shall challenge another,


or incite another to give or accept a challenge to a
duel, or shall scoff at or decry another publicly for
having refused to accept a challenge to fight a duel.

SERIOUS PHYSICAL INJURIES

LESS SERIOUS PHYSICAL


INJURIES

SLIGHT PHYSICAL INJURIES

ASSAULTS

ABANDONMENT AND
EXPLOITATION

rt. 263. Serious physical

Art. 265. Less serious

Art. 266. Slight physical

Art. 148. Direct assaults.

Art. 275. Abandonment of

injuries. Any person who shall

physical injuries. Any

injuries and maltreatment.

Any person or persons who,

person in danger and

wound, beat, or assault another,

person who shall inflict upon

The crime of slight physical

without a public uprising, shall

abandonment of one's own

shall be guilty of the crime of

another physical injuries not

injuries shall be punished:

employ force or intimidation

victim. The penalty of

serious physical injuries and shall

described in the preceding

1. By arresto menor when the

for the attainment of any of

arresto mayor shall be

suffer:

articles, but which shall

offender has inflicted physical

the purpose enumerated in

imposed upon:

1. The penalty of prision mayor, if

incapacitate the offended

injuries which shall

defining the crimes of

1. Any one who shall fail to

in consequence of the physical

party for labor for ten days

incapacitate the offended

rebellion and sedition, or shall

render assistance to any

injuries inflicted, the injured

or more, or shall require

party for labor from one to

attack, employ force, or

person whom he shall find

person shall become insane,

medical assistance for the

nine days, or shall require

seriously intimidate or resist

in an uninhabited place

imbecile, impotent, or blind;

same period, shall be guilty

medical attendance during the

any person in authority or any

wounded or in danger of

2. The penalty of prision

of less serious physical

same period.

of his agents, while engaged

dying, when he can render

correccional in its medium and

injuries and shall suffer the

in the performance of official

such assistance without

maximum periods, if in

penalty of arresto mayor.

not exceeding 20 pesos and

duties, or on occasion of such

detriment to himself,

consequence of the physical

censure when the offender has

performance, shall suffer the

unless such omission shall

injuries inflicted, the person

physical injuries shall have

caused physical injuries which

penalty of prision correccional

constitute a more serious

injured shall have lost the use of

been inflicted with the

do not prevent the offended

in its medium and maximum

offense.

speech or the power to hear or to

manifest intent to kill or

party from engaging in his

periods and a fine not

smell, or shall have lost an eye, a

offend the injured person, or

habitual work nor require

exceeding P1,000 pesos, when

help or render assistance

hand, a foot, an arm, or a leg or

under circumstances adding

medical assistance.

the assault is committed with

to another whom he has

shall have lost the use of any

ignominy to the offense in

a weapon or when the

accidentally wounded or

such member, or shall have

addition to the penalty of

minimum period or a fine not

offender is a public officer or

injured.

become incapacitated for the

arresto mayor, a fine not

exceeding 50 pesos when the

employee, or when the

3. Anyone who, having

work in which he was therefor

exceeding 500 pesos shall be

offender shall ill-treat another

offender lays hands upon a

found an abandoned child

habitually engaged;

imposed.

by deed without causing any

person in authority. If none of

under seven years of age,

injury.

these circumstances be

shall fail to deliver said

3. The penalty of prision

Whenever less serious

2. By arresto menor or a fine

Any less serious physical

3. By arresto menor in its

2. Anyone who shall fail to

correccional in its minimum and

injuries inflicted upon the

present, the penalty of prision

child to the authorities or

medium periods, if in

offender's parents,

correccional in its minimum

to his family, or shall fail to

consequence of the physical

ascendants, guardians,

period and a fine not

take him to a safe place.

injuries inflicted, the person

curators, teachers, or

exceeding P500 pesos shall be

injured shall have become

persons of rank, or persons

imposed.

deformed, or shall have lost any

in authority, shall be

other part of his body, or shall

punished by prision

Art. 149. Indirect assaults.

arresto mayor and a fine not

have lost the use thereof, or shall

correccional in its minimum

The penalty of prision

exceeding 500 pesos shall be

have been ill or incapacitated for

and medium periods,

correccional in its

imposed upon any one who

the performance of the work in

provided that, in the case of

minimum and medium

shall abandon a child under

which he as habitually engaged

persons in authority, the

periods and a fine not

seven years of age, the

for a period of more than ninety

deed does not constitute the

exceeding P500 pesos

custody of which is incumbent

days;

crime of assault upon such

shall be imposed upon any

upon him.

4. The penalty of arresto mayor in

person.

Art. 276. Abandoning a


minor. The penalty of

person who shall make use

When the death of the

its maximum period to prision

of force or intimidation

minor shall result from

correccional in its minimum

upon any person coming to

such abandonment, the

period, if the physical injuries

the aid of the authorities

culprit shall be punished

inflicted shall have caused the

or their agents on occasion

by prision correccional in

illness or incapacity for labor of

of the commission of any

its medium and maximum

the injured person for more than

of the crimes defined in

periods; but if the life of

thirty days.

the next preceding article.

the minor shall have been

If the offense shall have been

in danger only, the penalty

committed against any of the persons

shall be prision

enumerated in Article 246, or with

correccional in its

attendance of any of the

minimum and medium

circumstances mentioned in Article

periods.

248, the case covered by subdivision

The provisions contained

number 1 of this Article shall be

in the two preceding

punished by reclusion temporal in its

paragraphs shall not

medium and maximum periods; the

prevent the imposition of

case covered by subdivision number 2

the penalty provided for

by prision correccional in its

the act committed, when

maximum period to prision mayor in

the same shall constitute a

its minimum period; the case covered

more serious offense.

by subdivision number 3 by prision

Art. 277. Abandonment of

correccional in its medium and

minor by person entrusted

maximum periods; and the case

with his custody;

covered by subdivision number 4 by

indifference of parents.

prision correccional in its minimum

The penalty of arresto

and medium periods.

mayor and a fine not

The provisions of the preceding

exceeding 500 pesos shall

paragraph shall not be applicable

be imposed upon anyone

to a parent who shall inflict

who, having charge of the

physical injuries upon his child by

rearing or education of a

excessive chastisement.

minor, shall deliver said


minor to a public
institution or other
persons, without the
consent of the one who
entrusted such child to his
care or in the absence of
the latter, without the
consent of the proper
authorities.
The same penalty shall be
imposed upon the parents
who shall neglect their
children by not giving
them the education which
their station in life require
and financial conditions
permit.
Art. 278. Exploitation of
minors. The penalty of
prision correccional in its
minimum and medium
periods and a fine not
exceeding 500 pesos shall
be imposed upon:
1. Any person who shall

cause any boy or girl under


sixteen years of age to
perform any dangerous
feat of balancing, physical
strength, or contortion.
2. Any person who, being
an acrobat, gymnast, ropewalker, diver, wild-animal
tamer or circus manager or
engaged in a similar
calling, shall employ in
exhibitions of these kinds
children under sixteen
years of age who are not
his children or
descendants.
3. Any person engaged in
any of the callings
enumerated in the next
paragraph preceding who
shall employ any
descendant of his under
twelve years of age in such
dangerous exhibitions.
4. Any ascendant,
guardian, teacher or
person entrusted in any
capacity with the care of a
child under sixteen years
of age, who shall deliver
such child gratuitously to
any person following any
of the callings enumerated
in paragraph 2 hereof, or
to any habitual vagrant or

beggar.
If the delivery shall have
been made in
consideration of any price,
compensation, or promise,
the penalty shall in every
case be imposed in its
maximum period.
In either case, the
guardian or curator
convicted shall also be
removed from office as
guardian or curator; and in
the case of the parents of
the child, they may be
deprived, temporarily or
perpetually, in the
discretion of the court, of
their parental authority.
5. Any person who shall
induce any child under
sixteen years of age to
abandon the home of its
ascendants, guardians,
curators, or teachers to
follow any person engaged
in any of the callings
mentioned in paragraph 2
hereof, or to accompany
any habitual vagrant or
beggar.

R.A 7610 (ANTI-CHILD ABUSE)


"Children" refers to person below eighteen (18) years of
age or those over but are unable to fully take care of
themselves or protect themselves from abuse, neglect,
cruelty, exploitation or discrimination because of a
physical or mental disability or condition;
"Child abuse" refers to the maltreatment, whether
habitual or not, of the child which includes any of the
following:
(1) Psychological and physical abuse, neglect, cruelty,
sexual abuse and
emotional maltreatment;
(2) Any act by deeds or words which debases, degrades
or demeans the
intrinsic worth and dignity of a child as a human being;
(3) Unreasonable deprivation of his basic needs for
survival, such as food and shelter; or
(4) Failure to immediately give medical treatment to an
injured child resulting in serious impairment of his
growth and development or in his permanent incapacity
or death.
"Circumstances which gravely threaten or endanger the
survival and normal development of children"
include, but are not limited to, the following;
(1) Being in a community where there is armed conflict
or being affected by armed conflict-related activities;
(2) Working under conditions hazardous to life, safety
and normal which
unduly interfere with their normal development;
(3) Living in or fending for themselves in the streets of
urban or rural areas without the care of parents or a
guardian or basic services needed for a good quality of
life;
(4) Being a member of a indigenous cultural community
and/or living under conditions of extreme poverty or in
an area which is underdeveloped and/or lacks or has
inadequate access to basic services needed for a good
qualityof life;
(5) Being a victim of a man-made or natural disaster or
calamity; or

R.A 8049 (ANTI-HAZING)


Hazing,
is an initiation rite or practice as a
prerequisite for admission into membership
in a fraternity, sorority or organization by
placing the recruit, neophyte or applicant in
some embarrassing or humiliating
situations such as forcing him to do menial,
silly, foolish and other similar tasks or
activities or otherwise subjecting him to
physical or psychological suffering or injury.
"organization" shall include any club or
the Armed Forces of the Philippines,
Philippine National Police, Philippine Military
Academy, or officer and cadet corp of the
Citizen's Military Training and Citizen's
Army Training.
The physical, mental and psychological
testing and training procedure and
practices to determine and enhance the
physical, mental and psychological fitness
of prospective regular members of the
Armed Forces of the Philippines and the
Philippine National Police as approved by
the Secretary of National Defense and the
National Police Commission duly
recommended by the Chief of Staff, Armed
Forces of the Philippines and the Director
General of the Philippine National Police
shall not be considered as hazing for the
purposes of this Act.

R.A 9745 ( ANTI-TORTURE)


"Torture"
refers to an act by which severe pain or suffering, whether physical or
mental, is intentionally inflicted on a person for such purposes as
obtaining from him/her or a third person information or a confession;
punishing him/her for an act he/she or a third person has committed or is
suspected of having committed; or intimidating or coercing him/her or a
third person; or for any reason based on discrimination of any kind, when
such pain or suffering is inflicted by or at the instigation of or with the
consent or acquiescence of a person in authority or agent of a person in
authority. It does not include pain or Buffering arising only from, inherent
in or incidental to lawful sanctions.

Sec. 2. No hazing or initiation rites in any


form or manner by a fraternity, sorority or
organization shall be allowed without prior
written notice to the school authorities or
head of organization seven (7) days before
the conduct of such initiation.
The written notice shall indicate the period
of the initiation activities which shall not
exceed three (3) days, shall include the
names of those to be subjected to such

(2) Food deprivation or forcible feeding with spoiled food, animal or


human excreta and other stuff or substances not normally eaten;

"Other cruel, inhuman and 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 a person under his/her custody,
which attains a level of severity causing suffering, gross humiliation or
debasement to the latter.
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, head banging, punching, kicking, striking with
truncheon or rifle butt or other similar objects, and jumping on the
stomach;

(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

(6) Circumstances analogous to those abovestated


which endanger the life, safety or normal development
of children.
"Comprehensive program against child abuse,
exploitation and discrimination"
refers to the coordinated program of services and
facilities to protected children against:
(1) Child Prostitution and other sexual abuse;
(2) Child trafficking;
(3) Obscene publications and indecent shows;
(4) Other acts of abuses; and
(5) Circumstances which threaten or endanger the
survival and normal
development of children.

activities, and shall further contain an


undertaking that no physical violence be
employed by anybody during such initiation
rites.
Sec. 3. The head of the school or
organization or their representatives must
assign at least two (2) representatives of
the school or organization, as the case may
be, to be present during the initiation. It is
the duty of such representative to see to it
that no physical harm of any kind shall be
inflicted upon a recruit, neophyte or
applicant.
Sec. 4. If the person subjected to hazing or
other forms of initiation rites suffers any
physical injury or dies as a result thereof,
the officers and members of the fraternity,
sorority or organization who actually
participated in the infliction of physical
harm shall be liable as principals.
The responsible officials of the school or of
the police, military or citizen's army
training organization, may impose the
appropriate administrative sanctions on the
person or the persons charged under this
provision even before their conviction. The
maximum penalty herein provided shall be
imposed in any of the following instances:
(a) when the recruitment is accompanied
by force, violence, threat, intimidation or
deceit on the person of the recruit who
refuses to join;
(b) when the recruit, neophyte or applicant
initially consents to join but upon learning
that hazing will be committed on his
person, is prevented from quitting;
(c) when the recruit, neophyte or applicant
having undergone hazing is prevented from
reporting the unlawful act to his parents or
guardians, to the proper school authorities,
or to the police authorities, through force,

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.;
(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;

violence, threat or intimidation;


(d) when the hazing is committed outside
of the school or institution; or
(e) when the victim is below twelve (12)
years of age at the time of the hazing.
The owner of the place where hazing is
conducted shall be liable as an accomplice,
when he has actual knowledge of the
hazing conducted therein but failed to take
any action to prevent the same from
occurring. If the hazing is held in the home
of one of the officers or members of the
fraternity, group, or organization, the
parents shall be held liable as principals
when they have actual knowledge of the
hazing conducted therein but failed to take
any action to prevent the same from
occurring.
The school authorities including faculty
members who consent to the hazing or who
have actual knowledge thereof, but failed
to take any action to prevent the same
from occurring shall be punished as
accomplices for the acts of hazing
committed by the perpetrators.
The officers, former officers, or alumni of
the organization, group, fraternity or
sorority who actually planned the hazing
although not present when the acts
constituting the hazing were committed
shall be liable as principals. A fraternity or
sorority's adviser who is present when the
acts constituting the hazing were
committed and failed to take action to
prevent the same from occurring shall be
liable as principal.
The presence of any person during the
hazing is prima facie evidence of
participation therein as principal unless he
prevented the commission of the acts
punishable herein.
Any person charged under this provision

(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.

shall not be entitled to the mitigating


circumstance that there was no intention to
commit so grave a wrong.
This section shall apply to the president,
manager, director or other responsible
officer of a corporation engaged in hazing
as a requirement for employment in the
manner provided herein.
THREATS

COERCIONS

R.A 9262 ( ANTI-VIOLENCE AGAINST WOMEN AND


CHILDREN)

Art. 282. Grave threats. Any person who shall

Art. 286. Grave coercions. The penalty of arresto

(a) "Violence against women and their children" refers to any act

threaten another with the infliction upon the person,

mayor and a fine not exceeding 500 pesos shall be

or a series of acts committed by any person against a woman

honor or property of the latter or of his family of any

imposed upon any person who, without authority of

who is his wife, former wife, or against a woman with whom the

wrong amounting to a crime, shall suffer:

law, shall, by means of violence, prevent another

person has or had a sexual or dating relationship, or with whom

1. The penalty next lower in degree than that

from doing something not prohibited by law, or

he has a common child, or against her child whether legitimate

prescribed by law for the crime be threatened to

compel him to do something against his will,

or illegitimate, within or without the family abode, which result in

commit, if the offender shall have made the threat

whether it be right or wrong.

or is likely to result in physical, sexual, psychological harm or

demanding money or imposing any other condition,

If the coercion be committed for the purpose of

suffering, or economic abuse including threats of such acts,

even though not unlawful, and said offender shall have

compelling another to perform any religious act or

battery, assault, coercion, harassment or arbitrary deprivation of

attained his purpose. If the offender shall not have

to prevent him from so doing, the penalty next

liberty. It includes, but is not limited to, the following acts:

attained his purpose, the penalty lower by two degrees

higher in degree shall be imposed.

shall be imposed.

Art. 287. Light coercions. Any person who, by

A. "Physical Violence" refers to acts that include bodily or

means of violence, shall seize anything belonging to

physical harm;

middleman, the penalty shall be imposed in its

his debtor for the purpose of applying the same to

B. "Sexual violence" refers to an act which is sexual in nature,

maximum period.

the payment of the debt, shall suffer the penalty of

committed against a woman or her child. It includes, but is not

2. The penalty of arresto mayor and a fine not

arresto mayor in its minimum period and a fine

limited to:

exceeding 500 pesos, if the threat shall not have been

equivalent to the value of the thing, but in no case

made subject to a condition.

less than 75 pesos.

If the threat be made in writing or through a

Any other coercions or unjust vexations shall be


Art. 283. Light threats. Any threat to commit a
wrong not constituting a crime, made in the manner

punished by arresto menor or a fine ranging from 5


pesos to 200 pesos, or both.

expressed in subdivision 1 of the next preceding


article, shall be punished by arresto mayor.

Art. 288. Other similar coercions; (Compulsory


purchase of merchandise and payment of wages by

Art. 284. Bond for good behavior. In all cases falling

means of tokens.) The penalty of arresto mayor

within the two next preceding articles, the person

or a fine ranging from 200 to 500 pesos, or both,

a) Rape, sexual harassment, acts of lasciviousness, treating a


woman or her child as a sex object, making demeaning and
sexually suggestive remarks, physically attacking the sexual
parts of the victim's body, forcing her/him to watch obscene
publications and indecent shows or forcing the woman or her
child to do indecent acts and/or make films thereof, forcing the
wife and mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser;
b) Acts causing or attempting to cause the victim to engage in
any sexual activity by force, threat of force, physical or other

making the threats may also be required to give bail

shall be imposed upon any person, agent or officer,

not to molest the person threatened, or if he shall fail

of any association or corporation who shall force or

to give such bail, he shall be sentenced to destierro.

compel, directly or indirectly, or shall knowingly

Art. 285. Other light threats. The penalty of arresto

permit any laborer or employee employed by him or

menor in its minimum period or a fine not exceeding

by such firm or corporation to be forced or

200 pesos shall be imposed upon:

compelled, to purchase merchandise or

1. Any person who, without being included in the

commodities of any kind.

provisions of the next preceding article, shall threaten

The same penalties shall be imposed upon any

another with a weapon or draw such weapon in a

person who shall pay the wages due a laborer or

quarrel, unless it be in lawful self-defense.

employee employed by him, by means of tokens or

2. Any person who, in the heat of anger, shall orally


threaten another with some harm not constituting a
crime, and who by subsequent acts show that he did
not persist in the idea involved in his threat, provided
that the circumstances of the offense shall not bring it
within the provisions of Article 282 of this Code.
3. Any person who shall orally threaten to do another
any harm not constituting a felony.

objects other than the legal tender currency of the


laborer or employee.

harm or threat of physical or other harm or coercion;


c) Prostituting the woman or child.
C. "Psychological violence" refers to acts or omissions causing or
likely to cause mental or emotional suffering of the victim such
as but not limited to intimidation, harassment, stalking, damage
to property, public ridicule or humiliation, repeated verbal abuse
and marital infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member
of the family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to pets or to
unlawful or unwanted deprivation of the right to custody and/or
visitation of common children.
D. "Economic abuse" refers to acts that make or attempt to make
a woman financially dependent which includes, but is not limited
to the following:
1. Withdrawal of financial support or preventing the victim from
engaging in any legitimate profession, occupation, business or
activity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in Article
73 of the Family Code;
2. Deprivation or threat of deprivation of financial resources and
the right to the use and enjoyment of the conjugal, community or
property owned in common;
3. Destroying household property;
4. Controlling the victims' own money or properties or solely
controlling the conjugal money or properties.
(b) "Battery" refers to an act of inflicting physical harm upon the
woman or her child resulting to the physical and psychological or
emotional distress.
(c) "Battered Woman Syndrome" refers to a scientifically defined

pattern of psychological and behavioral symptoms found in


women living in battering relationships as a result of cumulative
abuse.
(d) "Stalking" refers to an intentional act committed by a person
who, knowingly and without lawful justification follows the
woman or her child or places the woman or her child under
surveillance directly or indirectly or a combination thereof.
(e) "Dating relationship" refers to a situation wherein the parties
live as husband and wife without the benefit of marriage or are
romantically involved over time and on a continuing basis during
the course of the relationship. A casual acquaintance or ordinary
socialization between two individuals in a business or social
context is not a dating relationship.
(f) "Sexual relations" refers to a single sexual act which may or
may not result in the bearing of a common child.
(g) "Safe place or shelter" refers to any home or institution
maintained or managed by the Department of Social Welfare and
Development (DSWD) or by any other agency or voluntary
organization accredited by the DSWD for the purposes of this Act
or any other suitable place the resident of which is willing
temporarily to receive the victim.
(h) "Children" refers to those below eighteen (18) years of age or
older but are incapable of taking care of themselves as defined
under Republic Act No. 7610. As used in this Act, it includes the
biological children of the victim and other children under her
care.

RECKLESS IMPRUDENCE
Art. 365. Imprudence and negligence
Any person who, by reckless imprudence, shall commit any act which, had it been
intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in

ART. 4 ( HOW CRIMINAL LIABILITY IS INCURRED)


1. By any person committing a felony (delito) although the wrongful act done be
different from that which he intended.
2. By any person performing an act which would be an offense against persons or

its maximum period to prision correccional in its medium period; if it would have
constituted a less grave felony, the penalty of arresto mayor in its minimum and medium
periods shall be imposed; if it would have constituted a light felony, the penalty of
arresto menor in its maximum period shall be imposed.
Reckless imprudence consists in voluntary, but without malice, doing or falling to do an
act from which material damage results by reason of inexcusable lack of precaution on
the part of the person performing of failing to perform such act, taking into consideration
his employment or occupation, degree of intelligence, physical condition and other
circumstances regarding persons, time and place.

property, were it not for the inherent impossibility of its accomplishment or an account
of the employment of inadequate or ineffectual means.

Any person who, by simple imprudence or negligence, shall commit an act which would
otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its
medium and maximum periods; if it would have constituted a less serious felony, the
penalty of arresto mayor in its minimum period shall be imposed.
When the execution of the act covered by this article shall have only resulted in damage
to the property of another, the offender shall be punished by a fine ranging from an
amount equal to the value of said damages to three times such value, but which shall in
no case be less than twenty-five pesos. A fine not exceeding two hundred pesos and
censure shall be imposed upon any person who, by simple imprudence or negligence,
shall cause some wrong which, if done maliciously, would have constituted a light felony.
Simple imprudence consists in the lack of precaution displayed in those cases in which
the damage impending to be caused is not immediate nor the danger clearly manifest.

ARSON

MALICIOUS MISCHIEF

Art. 320. Destructive arson. The penalty of reclusion temporal in its maximum

Art. 327. Who are liable for malicious mischief. Any person who shall deliberately

period to reclusion perpetua shall be imposed upon any person who shall burn:

cause the property of another any damage not falling within the terms of the next

1. Any arsenal, shipyard, storehouse or military powder or fireworks factory,

preceding chapter shall be guilty of malicious mischief.

ordinance, storehouse, archives or general museum of the Government.

Art. 328. Special cases of malicious mischief. Any person who shall cause

2. Any passenger train or motor vehicle in motion or vessel out of port.

damage to obstruct the performance of public functions, or using any

3. In an inhabited place, any storehouse or factory of inflammable or

poisonous or corrosive substance; or spreading any infection or contagion

explosive materials.

among cattle; or who cause damage to the property of the National Museum
or National Library, or to any archive or registry, waterworks, road,

Art. 321. Other forms of arson. When the arson consists in the burning of other

promenade, or any other thing used in common by the public, shall be

property and under the circumstances given hereunder, the offender shall be

punished:

punishable:

1. By prision correccional in its minimum and medium periods, if the value of

1. By reclusion temporal or reclusion perpetua:

the damage caused exceeds 1,000 pesos;

(a) if the offender shall set fire to any building, farmhouse, warehouse, hut,

2. By arresto mayor, if such value does not exceed the abovementioned

shelter, or vessel in port, knowing it to be occupied at the time by one or

amount but it is over 200 pesos; and

more persons;

3. By arresto menor, in such value does not exceed 200 pesos.

(b) If the building burned is a public building and value of the damage
caused exceeds 6,000 pesos;

Art. 329. Other mischiefs. The mischiefs not included in the next preceding article

(c) If the building burned is a public building and the purpose is to destroy

shall be punished:

evidence kept therein to be used in instituting prosecution for the

1. By arresto mayor in its medium and maximum periods, if the value of the

punishment of violators of the law, irrespective of the amount of the

damage caused exceeds 1,000 pesos;

damage; (d) If the building burned is a public building and the purpose is to

2. By arresto mayor in its minimum and medium periods, if such value is over

destroy evidence kept therein to be used in legislative, judicial or

200 pesos but does not exceed 1,000 pesos; and

administrative proceedings, irrespective of the amount of the damage;

3. By arresto menor or fine of not less than the value of the damage caused

Provided, however, That if the evidence destroyed is to be used against the

and not more than 200 pesos, if the amount involved does not exceed 200

defendant for the prosecution of any crime punishable under existing laws,

pesos or cannot be estimated.

the penalty shall be reclusion perpetua;

Art. 330. Damage and obstruction to means of communication. The penalty of prision

(e) If the arson shall have been committed with the intention of collecting

correccional in its medium and maximum periods shall be imposed upon any person

under an insurance policy against loss or damage by fire.

who shall damage any railway, telegraph or telephone lines.

2. By reclusion temporal:

If the damage shall result in any derailment of cars, collision or other

(a) If an inhabited house or any other building in which people are

accident, the penalty of prision mayor shall be imposed, without prejudice to

accustomed to meet is set on fire, and the culprit did not know that such

the criminal liability of the offender for the other consequences of his criminal

house or building was occupied at the time, or if he shall set fire to a moving

act.

freight train or motor vehicle, and the value of the damage caused exceeds

For the purpose of the provisions of the article, the electric wires, traction

6,000 pesos;

cables, signal system and other things pertaining to railways, shall be deemed

(b) If the value of the damage caused in paragraph (b) of the preceding

to constitute an integral part of a railway system.

subdivision does not exceed 6,000 pesos;


(c) If a farm, sugar mill, cane mill, mill central, bamboo groves or any similar

Art. 331. Destroying or damaging statues, public monuments or paintings.

plantation is set on fire and the damage caused exceeds 6,000 pesos; and

Any person who shall destroy or damage statues or any other useful or

(d) If grain fields, pasture lands, or forests, or plantings are set on fire, and

ornamental public monument shall suffer the penalty of arresto mayor in its

the damage caused exceeds 6,000 pesos.

medium period to prision correccional in its minimum period.

3. By prision mayor:

Any person who shall destroy or damage any useful or ornamental painting of

(a) If the value of the damage caused in the case mentioned in paragraphs

a public nature shall suffer the penalty of arresto menor or a fine not

(a), (c), and (d) in the next preceding subdivision does not exceed 6,000

exceeding 200 pesos, or both such fine and imprisonment, in the discretion of

pesos;

the court

(b) If a building not used as a dwelling or place of assembly, located in a


populated place, is set on fire, and the damage caused exceeds 6,000 pesos;
4. By prision correccional in its maximum period to prision mayor in its
medium period:
(a) If a building used as dwelling located in an uninhabited place is set on

fire and the damage caused exceeds 1,000 pesos;


(b) If the value or the damage caused in the case mentioned in paragraphs
(c) and (d) of subdivision 2 of this article does not exceed 200 pesos.
5. By prision correccional in its medium period to prision mayor in its
minimum period, when the damage caused is over 200 pesos but does not
exceed 1,000 pesos, and the property referred to in paragraph (a) of the
preceding subdivision is set on fire; but when the value of such property
does not exceed 200 pesos, the penalty next lower in degree than that
prescribed in this subdivision shall be imposed.
6. The penalty of prision correccional in its medium and maximum periods, if
the damage caused in the case mentioned in paragraph (b) of subdivision 3
of this article does not exceed 6,000 pesos but is over 200 pesos.
7. The penalty of prision correccional in its minimum and medium periods, if
the damage caused in the case mentioned paragraph (b) subdivision 3 of this
article does not exceed 200 pesos.
8. The penalty of arresto mayor and a fine ranging from fifty to one hundred
per centum if the damage caused shall be imposed, when the property
burned consists of grain fields, pasture lands, forests, or plantations when
the value of such property does not exceed 200 pesos.(As amended by R.A.
5467, approved May 12, 1969).
Art. 322. Cases of arson not included in the preceding articles. Cases of arson not
included in the next preceding articles shall be punished:
1. By arresto mayor in its medium and maximum periods, when the damage
caused does not exceed 50 pesos;
2. By arresto mayor in its maximum period to prision correccional in its
minimum period, when the damage caused is over 50 pesos but does not
exceed 200 pesos;
3. By prision correccional in its minimum and medium periods, if the damage
caused is over 200 pesos but does not exceed 1,000 pesos; and
4. By prision correccional in its medium and maximum periods, if it is over
1,000 pesos.
Art. 323. Arson of property of small value. The arson of any uninhabited hut,
storehouse, barn, shed, or any other property the value of which does not exceed 25

pesos, committed at a time or under circumstances which clearly exclude all danger of
the fire spreading, shall not be punished by the penalties respectively prescribed in
this chapter, but in accordance with the damage caused and under the provisions of
the following chapter.
Art. 324. Crimes involving destruction. Any person who shall cause
destruction by means of explosion, discharge of electric current, inundation,
sinking or stranding of a vessel, intentional damaging of the engine of said
vessel, taking up the rails from a railway track, maliciously changing railway
signals for the safety of moving trains, destroying telegraph wires and
telegraph posts, or those of any other system, and, in general, by using any
other agency or means of destruction as effective as those above
enumerated, shall be punished by reclusion temporal if the commission has
endangered the safety of any person, otherwise, the penalty of prision
mayor shall be imposed.
Art. 325. Burning one's own property as means to commit arson. Any
person guilty of arson or causing great destruction of the property belonging
to another shall suffer the penalties prescribed in this chapter, even though
he shall have set fire to or destroyed his own property for the purposes of
committing the crime.
Art. 326. Setting fire to property exclusively owned by the offender. If the
property burned shall be the exclusive property of the offender, he shall be
punished by arresto mayor in its maximum period to prision correccional in
its minimum period, if the arson shall have been committed for the purpose
of defrauding or causing damage to another, or prejudice shall actually have
been caused, or if the thing burned shall have been a building in an
inhabited place.
Art. 326-A. In cases where death resulted as a consequence of arson. If
death resulted as a consequence of arson committed on any of the
properties and under any of the circumstances mentioned in the preceding
articles, the court shall impose the death penalty.
Art. 326-B. Prima facie evidence of arson. Any of the following
circumstances shall constitute prima facie evidence of arson:
1. If after the fire, are found materials or substances soaked in gasoline,
kerosene, petroleum, or other inflammables, or any mechanical, electrical
chemical or traces or any of the foregoing.

2. That substantial amount of inflammable substance or materials were


stored within the building not necessary in the course of the defendant's
business; and
3. That the fire started simultaneously in more than one part of the building
or locale under circumstances that cannot normally be due to accidental or
unintentional causes: Provided, however, That at least one of the following is
present in any of the three above-mentioned circumstances:
(a) That the total insurance carried on the building and/or goods is more
than 80 per cent of the value of such building and/or goods at the time of the
fire;
(b) That the defendant after the fire has presented a fraudulent claim for
loss.
The penalty of prision correccional shall be imposed on one who plants the articles
above-mentioned, in order to secure a conviction, or as a means of extortion or
coercion. (As amended by R.A. 5467, approved May 12, 1969).

ADULTERY

CONCUBINAGE

SEDUCTIONS

ACTS OF LASCIVIOUSNESS

Art. 333. Who are guilty of

334. Concubinage. Any

Art. 337. Qualified

Art. 335. When and how rape is

adultery. Adultery is

husband who shall keep a mistress

seduction. The seduction of a

committed. Rape is committed

committed by any married

in the conjugal dwelling, or shall

virgin over twelve years and

by having carnal knowledge of a

woman who shall have sexual

have sexual intercourse, under

under eighteen years of age,

woman under any of the following

intercourse with a man not her

scandalous circumstances, with a

committed by any person in public

circumstances:

husband and by the man who has

woman who is not his wife, or shall

authority, priest, home-servant,

1. By using force or

carnal knowledge of her knowing

cohabit with her in any other

domestic, guardian, teacher, or

intimidation;

her to be married, even if the

place, shall be punished by prision

any person who, in any capacity,

2. When the woman is deprived

marriage be subsequently

correccional in its minimum and

shall be entrusted with the

of reason or otherwise

declared void.

medium periods.

education or custody of the

unconscious; and

Adultery shall be punished by

The concubine shall suffer the

woman seduced, shall be

3. When the woman is under

prision correccional in its

penalty of destierro

punished by prision correccional in

twelve years of age, even

medium and maximum

its minimum and medium periods.

though neither of the

periods.

The penalty next higher in

circumstances mentioned in

If the person guilty of

degree shall be imposed upon

the two next preceding

adultery committed this

any person who shall seduce

paragraphs shall be present.

R.A 8353 ( ANTI-RAPE)


"Rape
"Article 266-A. Rape: When
And How Committed. - Rape is
committed:
"1) By a man who shall
have carnal knowledge of a
woman under any of the
following circumstances:
"a) Through force, threat, or
intimidation;
"b) When the offended party is
deprived of reason or
otherwise unconscious;
"c) By means of fraudulent
machination or grave abuse of

offense while being

his sister or descendant,

The crime of rape shall be punished

abandoned without

whether or not she be a virgin

by reclusion perpetua.

justification by the offended

or over eighteen years of age.

Whenever the crime of rape is

spouse, the penalty next

Under the provisions of this

committed with the use of a

lower in degree than that

Chapter, seduction is

deadly weapon or by two or

provided in the next

committed when the offender

more persons, the penalty shall

preceding paragraph shall be

has carnal knowledge of any

be reclusion perpetua to death.

imposed.

of the persons and under the

When by reason or on the

circumstances described

occasion of the rape, the victim

herein.

has become insane, the penalty


shall be death.

Art. 338. Simple seduction.

When rape is attempted or

The seduction of a woman

frustrated and a homicide is

who is single or a widow of

committed by reason or on the

good reputation, over twelve

occasion thereof, the penalty

but under eighteen years of

shall be likewise death.

age, committed by means of

When by reason or on the

deceit, shall be punished by

occasion of the rape, a

arresto mayor.

homicide is committed, the


penalty shall be death. (As
amended by R.A. 2632,
approved June 18, 1960, and
R.A. 4111, approved June 20,
1964).
Art. 336. Acts of
lasciviousness. Any person
who shall commit any act of
lasciviousness upon other
persons of either sex, under
any of the circumstances
mentioned in the preceding
article, shall be punished by
prision correccional.

authority; and
"d) When the offended party is
under twelve (12) years of age
or is demented, even though
none of the circumstances
mentioned above be present.
"2) By any person who, under
any of the circumstances
mentioned in paragraph 1
hereof, shall commit an act of
sexual assault by inserting his
penis into another person's
mouth or anal orifice, or any
instrument or object, into the
genital or anal orifice of
another person.
"Article 266-B. Penalty. - Rape
under paragraph 1 of the next
preceding article shall be
punished by reclusion
perpetua.
"Whenever the rape is
committed with the use of a
deadly weapon or by two or
more persons, the penalty
shall be reclusion perpetua to
death.
"When by reason or on the
occasion of the rape, the
victim has become insane, the
penalty shall become reclusion
perpetua to death.
"When the rape is attempted
and a homicide is committed
by reason or on the occasion
thereof, the penalty shall be

reclusion perpetua to death.


"When by reason or on the
occasion ofthe rape, homicide
is committed, the penalty shall
be death.
"The death penalty shall also
be imposed if the crime of rape
is committed with any of the
following
aggravating/qualifying
circumstances:
"l) When the victim is under
eighteen (18) years of age and
the offender is a parent,
ascendant, step-parent,
guardian, relative by
consanguinity or affinity within
the third civil degree, or the
common-law spouse of the
parent of the victim;
"2) When the victim is under
the custody of the police or
military authorities or any law
enforcement or penal
institution;
"3) When the rape is
committed in full view of the
spouse, parent, any of the
children or other relatives
within the third civil degree of
consanguinity;
"4) When the victim is a
religious engaged in legitimate
religious vocation or calling
and is personally known to be

such by the offender before or


at the time of the commission
of the crime;
"5) When the victim is a child
below seven (7) years old;
"6) When the offender knows
that he is afflicted with the
Human Immuno-Deficiency
Virus (HIV)/Acquired Immune
Deficiency Syndrome (AIDS) or
any other sexually
transmissible disease and the
virus or disease is transmitted
to the victim;
"7) When committed by any
member of the Armed Forces
of the Philippines or paramilitary units thereof or the
Philippine National Police or
any law enforcement agency
or penal institution, when the
offender took advantage of his
position to facilitate the
commission of the crime;
"8) When by reason or on the
occasion of the rape, the
victim has suffered permanent
physical mutilation or
disability;
"9) When the offender knew of
the pregnancy of the offended
party at the time of the
commission of the crime; and
"10) When the offender knew
of the mental disability,

emotional disorder and/or


physical handicap of the
offended party at the time of
the commission of the crime.
"Rape under paragraph 2 of
the next preceding article shall
be punished by prision mayor.
"Whenever the rape is
committed with the use of a
deadly weapon or by two or
more persons, the penalty
shall be prision mayor to
reclusion temporal.
"When by reason or on the
occasion of the rape, the
victim has become insane, the
penalty shall be reclusion
temporal.
"When the rape is attempted
and a homicide is committed
by reason or on the occasion
thereof, the penalty shall be
reclusion temporal to reclusion
perpetua.
"When by reason or on the
occasion ofthe rape, homicide
is committed, the penalty shall
be reclusion perpetua.
"Reclusion temporal shall be
imposed if the rape is
committed with any of the ten
aggravating/ qualifying
circumstances mentioned in
this article.

"Article 266-C. Effect of Pardon.


- The subsequent valid
marriage between the
offended party shall extinguish
the criminal action or the
penalty imposed.
"In case it is the legal husband
who is the offender, the
subsequent forgiveness by the
wife as the offended party
shall extinguish the criminal
action or the penalty: Provided,
That the crime shall not be
extinguished or the penalty
shall not be abated if the
marriage is voidab initio.
"Article 266-D. Presumptions. Any physical overt act
manifesting resistance against
the act of rape in any degree
from the offended party, or
where the offended party is so
situated as to render her/him
incapable of giving valid
consent, may be accepted as
evidence in the prosecution of
the acts punished under Article
266-A."

PUBLIC OFFICER

BRIBERY

MALVERSATION

FRAUDS AND ILLEGAL


EXACTIONS AND
TRANSACTIONS

INFIDELITY

EVASION

Art. 203. Who are


public officers. For
the purpose of
applying the provisions

Art. 210. Direct bribery.

Art. 217. Malversation of

Art. 223. Conniving with or

Art. 224. Evasion through

. In his official capacity,

Any public officer who shall

public funds or property;

consenting to evasion. Any

negligence. If the

in dealing with any

agree to perform an act

Presumption of malversation.

public officer who shall consent

evasion of the prisoner

person with regard to

of this and the


preceding titles of this
book, any person who,
by direct provision of
the law, popular
election or
appointment by
competent authority,
shall take part in the
performance of public
functions in the
Government of the
Philippine Islands, of
shall perform in said
Government or in any
of its branches public
duties as an employee,
agent or subordinate
official, of any rank or
class, shall be deemed
to be a public officer.

constituting a crime, in

Any public officer who, by

to the escape of a prisoner in

shall have taken place

furnishing supplies, the

connection with the

reason of the duties of his

his custody or charge, shall be

through the negligence of

making of contracts, or

performance of this official

office, is accountable for

punished:

the officer charged with the

the adjustment or

duties, in consideration of

public funds or property,

1. By prision correccional in

conveyance or custody of

settlement of accounts

any offer, promise, gift or

shall appropriate the same or

its medium and maximum

the escaping prisoner, said

relating to public

present received by such

shall take or misappropriate

periods and temporary

officer shall suffer the

property or funds, shall

officer, personally or through

or shall consent, through

special disqualification in

penalties of arresto mayor

enter into an

the mediation of another,

abandonment or negligence,

its maximum period to

in its maximum period to

agreement with any

shall suffer the penalty of

shall permit any other person

perpetual special

prision correccional in its

interested party or

prision mayor in its medium

to take such public funds, or

disqualification, if the

minimum period and

speculator or make use

and maximum periods and a

property, wholly or partially,

fugitive shall have been

temporary special

of any other scheme, to

fine [of not less than the

or shall otherwise be guilty of

sentenced by final

disqualification.

defraud the

value of the gift and] not less

the misappropriation or

judgment to any penalty.

Art. 225. Escape of

Government;

than three times the value of

malversation of such funds or

2. By prision correccional in

prisoner under the

2. Being entrusted with

the gift in addition to the

property, shall suffer:

its minimum period and

custody of a person not

the collection of taxes,

penalty corresponding to the

1. The penalty of prision

temporary special

a public officer. Any

licenses, fees and other

crime agreed upon, if the

correccional in its medium

disqualification, in case the

private person to whom

imposts, shall be guilty

same shall have been

and maximum periods, if

fugitive shall not have been

the conveyance or

or any of the following

committed.

the amount involved in

finally convicted but only

custody or a prisoner or

acts or omissions:

If the gift was accepted

the misappropriation or

held as a detention

person under arrest

by the officer in

malversation does not

prisoner for any crime or

shall have been

(a) Demanding,

consideration of the

exceed two hundred

violation of law or

confided, who shall

directly, or indirectly,

execution of an act which

pesos.

municipal ordinance.

commit any of the

the payment of sums

does not constitute a

2. The penalty of prision

offenses mentioned in

different from or larger

crime, and the officer

mayor in its minimum and

Art. 224. Evasion through

the two preceding

than those authorized

executed said act, he

medium periods, if the

negligence. If the evasion of

articles, shall suffer the

by law.chanrobles

shall suffer the same

amount involved is more

the prisoner shall have taken

penalty next lower in

virtual law library

penalty provided in the

than two hundred pesos

place through the negligence

degree than that

(b) Failing voluntarily

preceding paragraph; and

but does not exceed six

of the officer charged with the

prescribed for the public

to issue a receipt, as

if said act shall not have

thousand

conveyance or custody of the

officer.ch

provided by law, for

been accomplished, the

pesos.chanrobles virtual

escaping prisoner, said officer

any sum of money

officer shall suffer the

law library

shall suffer the penalties of

collected by him

penalties of prision

3. The penalty of prision

arresto mayor in its maximum

officially.chanrobles

correccional, in its

mayor in its maximum

period to prision correccional in

virtual law library

medium period and a fine

period to reclusion

its minimum period and

(c) Collecting or

of not less than twice the

temporal in its minimum

temporary special

receiving, directly or

value of such

period, if the amount

disqualification.

indirectly, by way of

gift.chanrobles virtual law

involved is more than six

library

thousand pesos but is

Art. 225. Escape of prisoner

things or objects of a

If the object for which the

less than twelve thousand

under the custody of a

nature different from

gift was received or

pesos.chanrobles virtual

person not a public

that provided by

promised was to make the

law library

officer. Any private

law.chanrobles virtual

public officer refrain from

4. The penalty of

person to whom the

law library

doing something which it

reclusion temporal, in its

conveyance or custody or a

When the culprit is an

was his official duty to do,

medium and maximum

prisoner or person under

officer or employee of the

he shall suffer the

periods, if the amount

arrest shall have been

Bureau of Internal

penalties of prision

involved is more than

confided, who shall commit

Revenue or the Bureau of

correccional in its

twelve thousand pesos

any of the offenses

Customs, the provisions of

maximum period and a

but is less than twenty-

mentioned in the two

the Administrative Code

fine [of not less than the

two thousand pesos. If

preceding articles, shall

shall be applied.

value of the gift and] not

the amount exceeds the

suffer the penalty next

Art. 214. Other

less than three times the

latter, the penalty shall

lower in degree than that

frauds. In addition to

value of such

be reclusion temporal in

prescribed for the public

the penalties

gift.chanrobles virtual law

its maximum period to

officer.chanrobles virtual

prescribed in the

library

reclusion

law library

provisions of Chapter

In addition to the

perpetua.chanrobles

Section Two. Infidelity in

Six, Title Ten, Book

penalties provided in the

virtual law library

the custody of document

Two, of this Code, the

preceding paragraphs,

In all cases, persons guilty of

the culprit shall suffer the

malversation shall also suffer

Art. 226. Removal,

special disqualification

penalty of special

the penalty of perpetual

concealment or destruction of

in its maximum period

temporary

special disqualification and a

documents. Any public

to perpetual special

disqualification.chanroble

fine equal to the amount of

officer who shall remove,

disqualification shall be

s virtual law librarychan

the funds malversed or equal

destroy or conceal documents

imposed upon any

robles virtual law library

to the total value of the

or papers officially entrusted to

public officer who,

The provisions contained

property embezzled.

him, shall suffer:

taking advantage of his

in the preceding

The failure of a public

1. The penalty of prision

official position, shall

paragraphs shall be made

officer to have duly

mayor and a fine not

commit any of the

applicable to assessors,

forthcoming any public

exceeding 1,000 pesos,

frauds or deceits

arbitrators, appraisal and

funds or property with

whenever serious damage

enumerated in said

claim commissioners,

which he is chargeable,

shall have been caused

provisions.

payment or otherwise

penalty of temporary

experts or any other

upon demand by any duly

thereby to a third party or

persons performing public

authorized officer, shall

to the public

Art. 215. Prohibited

duties. (As amended by

be prima facie evidence

interest.chanrobles virtual

transactions. The

Batas Pambansa Blg. 872,

that he has put such

law library

penalty of prision

June 10, 1985).

missing funds or property

2. The penalty of prision

correccional in its

Art. 211. Indirect

to personal use. (As

correccional in its minimum

maximum period or a

bribery. The penalties

amended by RA 1060).

and medium period and a

fine ranging from 200

of prision correccional in

fine not exceeding 1,000

to 1,000 pesos, or both,

its medium and maximum

pesos, whenever the

shall be imposed upon

periods, and public

damage to a third party or

any appointive public

censure shall be imposed

to the public interest shall

officer who, during his

upon any public officer

not have been serious.

incumbency, shall

who shall accept gifts

In either case, the additional

directly or indirectly

offered to him by reason

penalty of temporary special

become interested in

of his office. (As amended

disqualification in its maximum

any transaction of

by Batas Pambansa Blg.

period to perpetual

exchange or

872, June 10, 1985).

disqualification shall be

speculation within the

imposed.

territory subject to his

Art. 227. Officer breaking

jurisdiction.

Art. 212. Corruption of public


officials. The same
penalties imposed upon the
officer corrupted, except
those of disqualification and
suspension, shall be imposed
upon any person who shall
have made the offers or
promises or given the gifts or
presents as described in the
preceding articles.

seal. Any public officer


charged with the custody of

Art. 216. Possession of

papers or property sealed

prohibited interest by a

by proper authority, who

public officer. The

shall break the seals or

penalty of arresto

permit them to be broken,

mayor in its medium

shall suffer the penalties of

period to prision

prision correccional in its

correccional in its

minimum and medium

minimum period, or a

periods, temporary special

fine ranging from 200

disqualification and a fine

to 1,000 pesos, or both,

not exceeding 2,000 pesos.

shall be imposed upon

Art. 228. Opening of closed

a public officer who

documents. Any public

directly or indirectly,

officer not included in the

shall become interested

provisions of the next

in any contract or

preceding article who,

business in which it is

without proper authority,

his official duty to

shall open or shall permit

intervene.

to be opened any closed

This provisions is

papers, documents or

applicable to experts,

objects entrusted to his

arbitrators and private

custody, shall suffer the

accountants who, in

penalties or arresto mayor,

like manner, shall take

temporary special

part in any contract or

disqualification and a fine

transaction connected

of not exceeding 2,000

with the estate or

pesos.

property in appraisal,
distribution or
adjudication of which
they shall have acted,
and to the guardians
and executors with
respect to the property
belonging to their
wards or estate.
Art. 226. Removal,
concealment or
destruction of
documents. Any public
officer who shall remove,
destroy or conceal
documents or papers
officially entrusted to him,
shall suffer:
1. The penalty of
prision mayor and a
fine not exceeding
1,000 pesos, whenever
serious damage shall
have been caused

thereby to a third party


or to the public
interest.
2. The penalty of
prision correccional in
its minimum and
medium period and a
fine not exceeding
1,000 pesos, whenever
the damage to a third
party or to the public
interest shall not have
been serious.
In either case, the
additional penalty of
temporary special
disqualification in its
maximum period to
perpetual disqualification
shall be imposed.

R.A 7080 (PLUNDER)


Section 2. Definition of the Crime of Plunder; Penalties.
Any public officer who, by himself or in connivance with
members of his family, relatives by affinity or
consanguinity, business associates, subordinates or other
persons, amasses, accumulates or acquires ill-gotten
wealth through a combination or series of overt or
criminal acts as described in Section 1(d) hereof in the
aggregate amount or total value of at least Fifty million
pesos (P50,000,000.00) shall be guilty of the crime of
plunder and shall be punished by reclusion perpetua to
death. Any person who participated with the said public
officer in the commission of an offense contributing to the
crime of plunder shall likewise be punished for such
offense. In the imposition of penalties, the degree of
participation and the attendance of mitigating and

R.A 3019 ( ANTI-GRAFT AND CORRUPTION)


Sec. 3. Corrupt practices of public officers. - In addition to
acts or omissions of public officers already penalized by
existing law, the following shall constitute corrupt
practices of any public officer and are hereby declared to
be unlawful:
(a) Persuading, inducing or influencing another public
officer to perform an act constituting a violation of rules
and regulations duly promulgated by competent authority
or an offense in connection with the official duties of the
latter, or allowing himself to be persuaded, induced, or
influenced to commit such violation or offense.
(b) Directly or indirectly requesting or receiving any gift,

R.A 4200 (ANTI-WIRETAPPING)


Section 1. It shall be unlawful for any person, not being
authorized by all the parties to any private communication
or spoken word, to tap any wire or cable, or by using any
other device or arrangement, to secretly overhear,
intercept, or record such communication or spoken word
by using a device commonly known as a dictaphone or
dictagraph or dictaphone or walkie-talkie or tape recorder,
or however otherwise described:
It shall also be unlawful for any person, be he a participant
or not in the act or acts penalized in the next preceding
sentence, to knowingly possess any tape record, wire
record, disc record, or any other such record, or copies
thereof, of any communication or spoken word secured
either before or after the effective date of this Act in the
manner prohibited by this law; or to replay the same for

extenuating circumstances, as provided by the Revised


Penal Code, shall be considered by the court. The court
shall declare any and all ill-gotten wealth and their
interests and other incomes and assets including the
properties and shares of stocks derived from the deposit
or investment thereof forfeited in favor of the State. (As
amended by RA 7659, approved Dec. 13, 1993.)

present, share, percentage, or benefit, for himself or for


any other person, in connection with any contract or
transaction between the Government and any other part,
wherein the public officer in his official capacity has to
intervene under the law.
(c) Directly or indirectly requesting or receiving any gift,
present or other pecuniary or material benefit, for himself
or for another, from any person for whom the public
officer, in any manner or capacity, has secured or
obtained, or will secure or obtain, any Government permit
or license, in consideration for the help given or to be
given, without prejudice to Section thirteen of this Act.
(d) Accepting or having any member of his family accept
employment in a private enterprise which has pending
official business with him during the pendency thereof or
within one year after its termination.
(e) Causing any undue injury to any party, including the
Government, or giving any private party any unwarranted
benefits, advantage or preference in the discharge of his
official administrative or judicial functions through
manifest partiality, evident bad faith or gross inexcusable
negligence. This provision shall apply to officers and
employees of offices or government corporations charged
with the grant of licenses or permits or other concessions.
(f) Neglecting or refusing, after due demand or request,
without sufficient justification, to act within a reasonable
time on any matter pending before him for the purpose of
obtaining, directly or indirectly, from any person
interested in the matter some pecuniary or material
benefit or advantage, or for the purpose of favoring his
own interest or giving undue advantage in favor of or
discriminating against any other interested party.
(g) Entering, on behalf of the Government, into any
contract or transaction manifestly and grossly
disadvantageous to the same, whether or not the public

any other person or persons; or to communicate the


contents thereof, either verbally or in writing, or to furnish
transcriptions thereof, whether complete or partial, to any
other person: Provided, That the use of such record or any
copies thereof as evidence in any civil, criminal
investigation or trial of offenses mentioned in section 3
hereof, shall not be covered by this prohibition.
Sec. 2. Any person who willfully or knowingly does or who
shall aid, permit, or cause to be done any of the acts
declared to be unlawful in the preceding section or who
violates the provisions of the following section or of any
order issued thereunder, or aids, permits, or causes such
violation shall, upon conviction thereof, be punished by
imprisonment for not less than six months or more than
six years and with the accessory penalty of perpetual
absolute disqualification from public office if the offender
be a public official at the time of the commission of the
offense, and, if the offender is an alien he shall be subject
to deportation proceedings.
Sec. 3. Nothing contained in this Act, however, shall
render it unlawful or punishable for any peace officer, who
is authorized by a written order of the Court, to execute
any of the acts declared to be unlawful in the two
preceding sections in cases involving the crimes of
treason, espionage, provoking war and disloyalty in case
of war, piracy, mutiny in the high seas, rebellion,
conspiracy and proposal to commit rebellion, inciting to
rebellion, sedition, conspiracy to commit sedition, inciting
to sedition, kidnapping as defined by the Revised Penal
Code, and violations of Commonwealth Act No. 616,
punishing espionage and other offenses against national
security: Provided, That such written order shall only be
issued or granted upon written application and the
examination under oath or affirmation of the applicant
and the witnesses he may produce and a showing: (1) that
there are reasonable grounds to believe that any of the
crimes enumerated hereinabove has been committed or is
being committed or is about to be committed: Provided,
however, That in cases involving the offenses of rebellion,
conspiracy and proposal to commit rebellion, inciting to
rebellion, sedition, conspiracy to commit sedition, and
inciting to sedition, such authority shall be granted only

officer profited or will profit thereby.


(h) Directly or indirectly having financial or pecuniary
interest in any business, contract or transaction in
connection with which he intervenes or takes part in his
official capacity, or in which he is prohibited by the
Constitution or by any law from having any interest.
(i) Directly or indirectly becoming interested, for personal
gain, or having a material interest in any transaction or
act requiring the approval of a board, panel or group of
which he is a member, and which exercises discretion in
such approval, even if he votes against the same or does
not participate in the action of the board, committee,
panel or group. Interest for personal gain shall be
presumed against those public officers responsible for the
approval of manifestly unlawful, inequitable, or irregular
transaction or acts by the board, panel or group to which
they belong.
(j) Knowingly approving or granting any license, permit,
privilege or benefit in favor of any person not qualified for
or not legally entitled to such license, permit, privilege or
advantage, or of a mere representative or dummy of one
who is not so qualified or entitled.
(k) Divulging valuable information of a confidential
character, acquired by his office or by him on account of
his official position to unauthorized persons, or releasing
such information in advance of its authorized release
date.

upon prior proof that a rebellion or acts of sedition, as the


case may be, have actually been or are being committed;
(2) that there are reasonable grounds to believe that
evidence will be obtained essential to the conviction of
any person for, or to the solution of, or to the prevention
of, any of such crimes; and (3) that there are no other
means readily available for obtaining such evidence.
The order granted or issued shall specify: (1) the identity
of the person or persons whose communications,
conversations, discussions, or spoken words are to be
overheard, intercepted, or recorded and, in the case of
telegraphic or telephonic communications, the telegraph
line or the telephone number involved and its location; (2)
the identity of the peace officer authorized to overhear,
intercept, or record the communications, conversations,
discussions, or spoken words; (3) the offense or offenses
committed or sought to be prevented; and (4) the period
of the authorization. The authorization shall be effective
for the period specified in the order which shall not
exceed sixty (60) days from the date of issuance of the
order, unless extended or renewed by the court upon
being satisfied that such extension or renewal is in the
public interest.
All recordings made under court authorization shall, within
forty-eight hours after the expiration of the period fixed in
the order, be deposited with the court in a sealed
envelope or sealed package, and shall be accompanied by
an affidavit of the peace officer granted such authority
stating the number of recordings made, the dates and
times covered by each recording, the number of tapes,
discs, or records included in the deposit, and certifying
that no duplicates or copies of the whole or any part
thereof have been made, or if made, that all such
duplicates or copies are included in the envelope or
package deposited with the court. The envelope or
package so deposited shall not be opened, or the
recordings replayed, or used in evidence, or their contents
revealed, except upon order of the court, which shall not
be granted except upon motion, with due notice and
opportunity to be heard to the person or persons whose
conversation or communications have been recorded.
The court referred to in this section shall be understood to

mean the Court of First Instance within whose territorial


jurisdiction the acts for which authority is applied for are
to be executed.
Sec. 4. Any communication or spoken word, or the
existence, contents, substance, purport, effect, or
meaning of the same or any part thereof, or any
information therein contained obtained or secured by any
person in violation of the preceding sections of this Act
shall not be admissible in evidence in any judicial, quasijudicial, legislative or administrative hearing or
investigation.