REVISED PENAL CODE and OTHER
RELATED SPECIAL PENAL LAWS
BOOK ONE
FUNDAMENTAL PRINCIPLES
Criminal Law is a branch or division
of law which defines crimes, treats of
their nature, and provides for their
punishment (Reyes, The Revised
Penal Code: Book One, 18th Edition,
2012 [hereafter Reyes, Book One,
2012], p. 1).
Crime the generic term used to refer
to a wrongdoing punished either under
the Revised Penal Code or under the
special law; an act committed or omitted
in violation of a public law forbidding or
commanding it (I Bouviers Law
Dictionary, Rawles Third Revision,
729).
Felony an act or omission punishable
by the Revised Penal Code (Article 3,
RPC)
Offense an act or omission violative of
a special law; i.e. any law other than the
RPC
Misdemeanor a minor infraction of
law
Legal Maxims
1. Nullum crimen nulla peona sine lege
there is no crime when there is no
law that defines and punishes it
2. Actus non facit reum, nisi mens sit
rea The act cannot be criminal
unless the mind is criminal
3. Actus me invite factus non est meus
actus An act done by me against
my will is not my act
4. El que es causa de la causa es
causa del mal causadao He who
is the cause of the cause is the
cause of an evil caused
5. In dubio, pro reo When in doubt,
for the accused
Note: Whenever a penal law is to
be construed or applied and the law
admits two interpretations one is
lenient as to the offender and the other
is strict that interpretation which is
favorable to the offender will be
adopted.
Constitutional limitations on the
power of Congress to enact penal
laws
Section 1 of Article III, 1987
Constitution No person shall be
deprived of life, liberty, or property
without due process of law nor shall any
person be denied the equal protection of
the laws.
Due process, whether substantive or
procedural, can be described as
compliance with the requirements of fair
play, or the right of any person to be
given notice and be heard before he is
condemned for an act or omission
defined and punished by law (twin
requirements of notice and hearing)
(Boado, Notes and Cases on the
Revised Penal Code: Books 1 and 2
and Special Penal Laws, 2012 Edition
[hereafter Boado, 2012], p. 1).
What is the effect of violation of the
due process clause?
In Guevarra vs, Sandiganbayan,
G.R. No. 138792804, March 31, 2005,
the Sandiganbayan ordered the
dismissal of 13 cases against petitioners
over the objection of the Special
Prosecutor. By such order, the court
deprived the People of its right to due
process. It acted in excess of its
jurisdiction and committed grave abuse
of its discretion in dismissing the
criminal cases. Hence, the order was
null and void; it may thus be rectified
despite the lapse of 15 days from notice
to the Special Prosecutor.
A void order or judgment has no
legal and binding effect, force or efficacy
for any purpose. In contemplation of
law, it is nonexistent. Such judgment or
order may be resisted in any action or
proceeding whenever it is involved. It is
not even necessary to take any steps to
vacate or avoid a void judgment or final
order; it may simply be ignored (Ibid,
p.3).
Punishments are cruel when they
involve torture or a lingering death. But
mere severity of the penalty does not
make the same cruel and unusual
punishment. To come under the ban,
the punishment must be flagrantly and
plainly oppressive, wholly
disproportionate to the nature of the
offenses as to shock the moral sense of
the community (Ibid).
In lieu of the death penalty, the
following shall be imposed:
1. Reclusion Perpetua when the law
violated makes use of the nomenclature
of the penalties of the Revised Penal
Code;
2. Life imprisonment when the law
violated does not make use of the
nomenclature of the penalties of the
Revised Penal Code (Section 2, RA
9346).
Persons convicted of offenses punished
with reclusion perpetua, or whose
sentences will be reduced to reclusion
perpetua, by reason of this Act, shall
NOT be eligible for parole under Act No.
4103, otherwise known as the
Indeterminate Sentence Law, as
amended (Section 3, Ibid).
The Board of Pardons and Parole shall
cause the publication at least once a
week for three consecutive weeks in a
newspaper of general circulation of the
names of persons convicted of offenses
punished with reclusion perpetua or life
imprisonment by reason of this Act who
are being considered or recommended
for commutation or pardon: PROVIDED,
HOWEVER; That nothing herein shall
limit the power of the President to grant
executive clemency under Section 19,
Article VII of the Constitution (Section 4,
Ibid).
Bill of attainder is a legislative act
which inflicts punishment without trial.
Its essence is the substitution of a
legislative act for a judicial determination
of guilt (Reyes, Book One, 2012, p. 3,
citing People vs. Ferrer, 48 SCRA
382).
Ex post facto law is a penal law
which is given retroactive application to
the prejudice of the accused. Hence,
even if the penal law is made to apply
retroactively, if it is favourable to the
accused the same is not ex post facto,
and, thus, allowed under Article 22
(Boado, 2012, pp. 34). It is further
defined as one which:
1. Makes criminal in act done before
the passage of the law and which
was innocent when done, and
punishes such an act;
2. Aggravates a crime, or makes it
greater that it was, when committed;
3. Changes the punishment and inflicts
a greater punishment than the law
 annexed to the crime when covered by the generality principle
committed; because they are also protected by the
4. Alters the legal rules of evidence, laws of the Philippines during all the
and authorizes conviction upon less time they sojourn within its territory and
or different testimony that the law the word PERSON in the Constitution
required at the time of the does not refer to any citizens.
commission of the offense;
5. Assumes to regulate civil rights and Exceptions:
remedies only, in effect imposes 1. Treaty Stipulations
penalty or deprivation of a right for Under the RPUS Visiting Forces
something which when done was Agreement (VFA), which was signed
lawful; and on February 10, 1998, the
6. Deprives a person accused of a Philippines agreed that:
crime some lawful protection to a. The United States shall
which he has become entitled, such have the right to exercise
as the protection of a former within the Philippines all
conviction or acquittal, or a criminal and disciplinary
proclamation of amnesty (Reyes, jurisdiction conferred on
Book One, 2012, p.3, citing In re: them by the military law of
Kay Villegas Kami, Inc., 35 SCRA the US over US personnel
429). in the Philippines;
b. The US exercises
The prohibition applies only to criminal exclusive jurisdiction over
legislation which affects the substantial US military personnel with
rights of the accused (Wright vs. Cour regard to offenses relating
of Appeals, GR No. L113213, August to the security of the US
15, 1994). punishable under the law
of US, but not under the
Article 1. Time when Act takes effect. laws of RP;
The Code shall take effect on the c. The US shall have primary
first day of January, nineteen right to exercise
hundred and thirtytwo jurisdiction over US
military in relation to:
SCOPE OF APPLICATION AND i. Offenses solely
CHARACTERISTICS OF PHILIPPINE against the property
CRIMINAL LAW or security of the
US or offenses
A. GENERALITY refers to the solely against the
PERSONS covered by penal laws; property or person
Penal laws and those of public security of US personnel;
and safety shall be obligatory upon all and
those who live or sojourn in Philippine ii. Offenses arising out
territory (Article 14, New Civil Code). of any act or
omission done in
In Section 1, Article III, 1987 performance of
Constitution, even ALIENS are official duty
 Ambassadors; and (iii) Domestic
Under the VFA, in determining Servants of Ambassadors and Public
whether one can be prosecuted or Ministers
not, the citizenship is immaterial.
What is material is ones Exceptions:
membership in the US Armed i. The person is a citizen or
Forces. Either as US military inhabitant of the Philippines;
personnel or as a US civilian and
personnel connected to US military ii. The writ or process issued
operations. against him is founded upon
such service or the domestic
Generally, the Philippines cannot servant is not registered with
refuse the request of the US for the Department of Foreign
waiver of jurisdiction and has to Affairs
approve the request for waiver
except if the crime is of national Note: RA 75 is applicable only where
importance: the country of the diplomatic
a. Those crime defined under representative affected provided similar
RA 7659 (Heinous protection to duly accredited diplomatic
crimes); representatives of the Republic of the
b. Those crime defined under Philippines.
RA 7610 (Child Abuse
cases); b. Warship Rule a warship
c. Those crime defined under of another country even
RA 9165 (Dangerous though docked in the
Drugs cases) Philippines is considered
as an extension of the
2. Laws of Preferential Application territory of their respective
a. Republic Act No. 75 country. Same rule applies
penalizes acts which to foreign embassies in the
would impair the proper Philippines. Philippine
observance by the warship and embassies
Republic and its abroad are deemed
inhabitants of the extraterritories of the
immunities, rights, and Philippines.
privileges of
dulyaccredited foreign Warships are always
diplomatic representatives reputed to be the territory
in the Philippines of the country to which
they belong and cannot be
General Rule: Under RA 75, subjected to the laws of
persons who are EXEMPT from another state (Reyes,
arrest and imprisonment and whose Book One, 2012, p.31)
goods or chattel are EXEMPT from
distraint, seizure and attachment are 3. Principles of Public International
the following: (i) Public Ministers; (ii) Law
 The following persons are exempted:
a. Sovereigns and other
chiefs of state;
b. Charges d affaires;
c. Ambassadors;
d. Ministers plenipotentiary;
and
e. Ministers resident
Consuls, viceconsuls and other
commercial representatives of foreign
nations do not possess the status of,
and cannot claim the privileges and
immunities accorded to ambassadors
and ministers (Reyes, Book One, 2012,
p. 13).
B. PROSPECTIVITY refers to the
TIME when the law should be applied; a
penal law cannot make an act
punishable in a manner in which it was
not punishable when committed. As
provided in Article 366 of the Revised
Penal Code, crimes are punished under
the laws in force at the time of their
commission (Reyes, Book One, 2012,
p. 14)
Exceptions: Whenever a new statute
dealing with crime establishes
conditions more lenient or favorable to
the accused, it can be given a
retroactive effect
This exception has no
application: (a) where the new law is
expressly made inapplicable to pending
actions or existing causes of action
(Tavera vs. Valdez, G.R. No. 922,
November 8, 1902); and (b) where the
offender I a habitual criminal under Rule
5, Article 62, Revised Penal Code.
Note: The prospectivity rule appies also
to penal circulars such as DOJ Circular
No. 12 issued on August 8, 1984, which
declared that all checks including
guaranteed checks are covered by BP
22 (Co vs. Court of Appeals, GR No.
100776, October 28, 1993).
Effect of the repeal of penal law on
the accused
a. Absolute or total or express
repeal the act or omission is
decriminalized so that if a case is
pending, it shall be dismissed
whether the accused is a habitual
delinquent or not because there is no
more crime for which he should be
tried.
If he were already convicted
and/or serving sentence, he shall be
released if he is not a habitual
delinquent or unless the law provides
that detention shall continue (Boado,
2012, pp. 20 21).
b. Partial or relative or implied repeal
or repeal by re-enactment the
first law will govern if the accused is
a habitual delinquent or if the
favorable second law prohibits
retroactivity. While the second law
will govern if favorable to the
offender who is not habitual
delinquent or the law is silent as to
its retroactivity (Ibid).
The beneficent provisions of RA 7659
can be applied retroactivity to judgments
which have become final and executor
prior to December 31, 1993 and even to
those who are already serving
sentences (People vs. Velasco, GR
No. 13523133, February 28, 2001).
C. TERRITORIALITY refers to the
PLACE where the law is applicable;
penal laws of the Philippines are
enforceable only within the territory

Extent to the territorial application of
criminal law
Article I, 1987 Constitution provides
that the national territory comprises the
Philippine archipelago, with all the
islands and waters embraced therein,
and all other territories over which the
Philippines has sovereignty or
jurisdiction, consisting of its terrestrial,
fluvial, and aerial domains, including its
territorial sea, the seabed, the subsoil,
the insular shelves, and other
submarine areas. The waters around,
between, and connecting the islands of
the archipelago, regardless of their
breadth and dimensions, form part of
the internal waters of the Philippines.
Article 2 sets forth the instances where
the provisions of the Revised Penal
Code are applicable although the felony
s committed outside the Philippine
Territory.
Exceptions:
a. RPC shall not be enforced within or
outside the Philippine territories if so
provided under:
i. Treaties; or
ii. Laws of preferential
application
b. Extraterritoriality the provisions of
the Code shall not be enforced not
only within the Philippine
Archipelago, including its
atmosphere, its interior waters
and maritime zone, but also
outside of its jurisdiction, against
those who:
i. Should commit an offense
while on a Philippine ship
or airship
A Philippine ship or airship is
one that is duly registered in
the Philippine and under the
Philippine laws.
When a MERCHANT SHIP of
Philippine nationality is IN
THE PHILIPPINES and a
crime is committed therein,
the jurisdiction is within the
Philippine territory. If it is in
the HIGH SEAS where no
country has jurisdiction, the
Philippines has jurisdiction.
BUT if it is WITHIN THE
TERRITORY OF ANOTHER
COUNTRY, the jurisdiction is
generally with that foreign
State. BUT if that foreign
country will not take
cognizance the Philippines
can assume jurisdiction
(Boado, 2012, p.33).
BUT PHILIPPINE WARSHIP
and the OFFICIAL VESSEL
OF THE PRESIDENT OF
THE PHILIPPINES, wherever
they are, are extensions of the
Philippines and its sovereignty
(Ibid).
Rules as to jurisdiction over
crime committed aboard
foreign merchant vessels
French Rule Such crimes
are not triable in the courts of
that country, unless their
commission affects the peace
and security of the territory or
te safety of the state is
endangered.
English Rule Such crimes
are triable in that country,
unless they merely affect
things within the vessel or
 they refer to the internal
management thereof.
In this country, we observe
the English Rule (Reyes,
Book One, 2012, p.29).
ii. Should forge or counterfeit
any coin or currency note of
the Philippine Islands or
obligations and securities
issued by the Government
of the Philippine Islands
If forgery was committed
abroad, it must refer only to
Philippine coin, currency note, or
obligations and securities, i.e. these
objects of the crime must be issued
by the government.
iii. Should be liable for acts
connected with the
introduction into these
Islands of the obligations
and securities mentioned in
the preceding number
Those who introduced the
counterfeit items are criminally liable
even if they were the ones who
counterfeited the obligations and
securities. On the other hand, those
who counterfeited the items are
criminally liable even if they die not
introduce the counterfeit items.
iv. While being public officers
or employees, should
commit an offense in the
exercise of their functions
They are the public
officers and employees of the Philippine
Government when the crime is related
to the exercise of their office. Without
this intimate relation between the office
and the crime committed, the officers
are acting in their private capacity and
hence, bound by the law of the host
country.
v. Should commit any of the
crimes against national
security and the law of
nations, defined in Title One
of Book Two of this Code
They include Treason,
Espionage, Provoking War and
Disloyalty in case of War, and Piracy
and Mutiny. Rebellion is NOT included
because it is a crime against Public
Order. Hence, if rebellion is planned
abroad and acts of rebellion were
committed there, there is NO criminal
liability over which the Philippine courts
can assume jurisdiction because
rebellion is not one of those in Title I of
Book II.
Terrorism, as defined by RA
9372, otherwise known as the Human
Security Act of 2007, is now a crime
against national security and the law of
nations.
TITLE ONE. FELONIES AND
CIRCUMSTANCES WHICH AFFECT
CRIMINAL LIABILITY
FELONIES
Article 3. Definitions Acts and
omissions punishable by law are
felonies (delitos).
Felonies are committed not
only by means of deceit (dolo) but
also by means of fault (culpa).
There is deceit when the act is
performed with deliberate intent; and
there is fault when the wrongful act
results from imprudence, negligence,
lack of foresight, or lack of skill.
Elements of felonies
a. That there must be an act or
omission
Act any bodily movement tending to
produce some effect in the external
world, it being unnecessary that the
same be actually produced, as the
possibility of its production is sufficient
(People vs. Gonzales, GR No. 80762,
March 19, 1990); the act defined in the
RPC is the over act of the felony, that is,
an external act which has direct
connection with the felony intended to
be committed.
Omission means inaction, the failure
to perform a positive duty which one is
bound to do. There must be a law
requiring the doing or performance of an
act (Reyes, Book One, 2012, p. 34).
b. That the act or omission must be
punishable by the RPC
c. That the act is performed or the
omission incurred by means of dolo
or culpa (People vs. Gonzales, GR
No. 80762, March 19, 1990).
Classification of felonies according
to the means by which they are
committed
a. Intentional felonies the acts or
omissions are malicious; the
offender, in performing the act or in
incurring the omission, has the
intention to cause an injury to
another.
b. Culpable felonies the acts or
Requisites:
i. Freedom when a person
acts without freedom, he is no
longer a human being but a
tool; voluntariness on the part
of the person to commit the
act or omission
Lack of freedom on the
part of the offender, such as
in the compulsion of an
irresistible force, and impulse
of an uncontrollable fear of an
equal or greater inquiry, said
offender is exempt from
liability.
ii. Intelligence is necessary to
determine the morality of
human acts, without this
power, no crime can exist.
Lack of intelligence on the
part of the offender, such as
an imbecile, insane, or fifteen
(15) years of age or under,
said offender is exempt from
liability.
iii. Intent intent to commit the
act with malice, being purely a
mental process, is presumed
and the presumption arises
from the proof of the
commission of an unlawful
act.
Lack of intent on the part
of the offender, such as in the
case of existence of a lawful
or insuperable cause, or
commission by mere accident,
will result into an act which is
justified.
omissions are not malicious; the
injury cause by the offender to
 another person is unintentional, it of RA 3019 [evident
being simply the incident of another bad faith]
act performed without malice Modifying Circumstances as
consideration
Requisites: These These
i. Freedom circumstances are circumstances are
ii. Intelligence taken into account not considered
iii. Negligence, Imprudence, or in imposing the because the law
Lack of Foresight or Skill penalty of the intends to
offender precisely discourage the
Negligence indicates a deficiency of because his moral commission of the
perception; failure to pay proper trait is the basis of act specially
attention to use diligence in foreseeing the crime prohibited.
the injury or damage impending to be Degree of Participation
caused, usually involves lack of This determines This does not affect
foresight. the penalty their liability, hence,
imposable so that the penalty on all of
Imprudence indicates a deficiency of it is computed on them are the same
action; failure to take the necessary the basis of whether they are
precaution to avoid injury to person or whether he is principals or merely
damage to property; usually involves principal offender, accomplices or
lack of skill or merely an accessories
accomplice or
Mala in Se Mala accessory
Prohibita Stage of Accomplishment
As to Nature This affects the This is considered
Wrong from its Wrong or evil penalty imposed only when the
very nature, or because there is a thus the penalty crime is
inherently evil law prohibiting the depends on accomplished or
same whether the crime consummated.
Laws Violated is consummated, There is no
Generally, Generally, frustrated, or attempted or
punishable under punishable under attempted frustrated stage
the RPC the Special Laws because it is the
Basis of Criminal Liability commission of the
Offenders moral Offenders act itself that is
trait voluntariness prohibited and also
Good Faith or Lack of Criminal Intent since intent which
as a Defense is inherent in
Good faith or lack Good faith or lack attempted/
of criminal intent of criminal intent is frustrated stage is
is a defense NOT accepted as a not an element.
defense, UNLESS Thus, just like
this is an element culpa, mala
of the crime such prohibita is always
as in Section 3(e) consummated
Involvement of Moral Turpitude the perpetrator is in
Generally, crimes Generally, crimes doubt
mala in se involve mala prohibita do
moral turpitude not involve moral When motive is relevant
turpitude a. If the evidence is merely
As to Division of Penalties circumstantial
Penalties may be There is no such b. Where the identification of the
divided into division of penalties accused proceeds from an unreliable
degrees and source and the testimony is
periods inconclusive and not free from doubt
c. In ascertaining the truth between two
General rule: Special laws are antagonistic theories or versions of
considered mala prohibita killing
Exception: However, if such special law d. Where there are no eyewitnesses to
is a mere amendment of the provisions the crime, and where suspicion is
of the Revised Penal Code, it will still be likely to fall upon a number of
considered mala in se [e.g. PD 533 persons
amending Articles 308, 309 and 310] e. When there is doubt as to the
(Taer vs CA, G.R. No. 85204, June 18, identity of the assailant
1990). f. When the act is alleged to be
committed in defense of a stranger
Can a malum in se absorb or be because it must not be induced by
complexed with a malum prohibitum? revenge, resentment or other evil
No. A malum in se felony, such as motive (Reyes, Book One, 2012, p.
reckless imprudence resulting in 60)
damage to property, cannot absorb
malum prohibitum offense, such as ELEMENTS OF CRIMINAL LIABILITY
violations of PD 1067, PD 984 and RA
7942, What makes the former a felony is Article 4. Criminal liability Criminal
a criminal intent (dolo) or negligence liability shall be incurred:
(culpa); what makes the latter crimes
are the special laws enacting them 1. By any person committing a
(Loney vs. People, G.R. No. 152644, felony (delito) although the
February 10, 2006). wrongful act done be different
from that which he intended.
Intent Motive 2. By any person performing an act
The purpose to The moving power which would be an offense
use a particular which impels to against persons or property, were
means to effect one to action for a it not for the inherent impossibility
such result definite result of its accomplishment or on
An element of the NOT an element of account of the employment of
crime, except in the crime inadequate or ineffectual means.
unintentional
felonies Rationale of rule in paragraph 1 of
Essential in Essential only Article 4 el que es causa de la causa
intentional felonies when the identity of es causa del mal causado (he who is
the cause of the cause is the cause of
the evil cause) (People vs. Ural, GR
No. L30801, March 27, 1974).
Requisites:
1. That an intentional felony has
been committed; and
2. That the wrong done to the
aggrieved party be the direct,
natural and logical consequence
of the felony committed
Note: Act or omission should not be
punished by a special law, because the
offender violating a special law may not
have the intent to do an injury to
another. In such case, the wrongful act
done could not be different, as the
offender did not intend to do any other
injury (Reyes, Book One, 2012, p.65).
That rule is that when a person,
by a felonious act, generates in the mind
of another a sense of imminent danger,
prompting the latter to escape from or
avoid such danger and in the process,
sustains injuries or dies, the person
committing the felonious act is
responsible for such injuries or death
(People vs. Page, GR No. L37507,
June 7, 1977, citing People vs. Toling,
GR No. L27097, January 17, 1975;
People vs. Pajotal, G.R. No. 142870,
November 14, 2001).
What factors affect intent and
consequently the criminal liability
of the actor of the offender?
a. Mistake of fact negatives criminal
liability akin to justifying
circumstances under Article 11
Requisites of mistake of fact as a
defense
i. That the act done would have
been unlawful had the facts
been as the accused believed
them to be;
ii. That the intention of the
accused in performing the act
should be lawful; and
iii. That the mistake must be
without fault or carelessness
on the part of the accused
(Reyes, Book One, 2012,
p.45).
Note: United State vs. Ah Chong, GR
No. L5272, March 19, 1910 The
accused had no alternative but to take
the facts as they appeared to him, and
such facts justified his act of killing his
roommate
People vs. Oanis, GR No. L
47722, July 27, 1943 There was no
mistake of fact when accused police
officers shot Tecson, whom they thought
to be Balagtas ( a notorious criminal
and escaped convict) who was sleeping
in his bed, this is without ascertaining
his identity.
When Mistake of Fact is NOT
applicable
When there is mistake in the
identity of the victim (error in
personae)
When there is negligence on the
part of the accused
When the accused committed a
culpable felony
b. Aberratio ictus (Mistake in the
victim of the blow) generally
increases criminal liability
May treachery be appreciated in
aberration ictus?
Yes. When the offender fired at
his adversary but missed, the victims
were helpless to defend themselves.
Their deaths were murders not simply
homicide since the acts were qualified
by treachery (People vs. Flora, GR No.
125909, June 23, 2000).
c. Error in personae (Mistake in the
identity) may or may not lower
criminal liability depending upon
whether or actual crime committed
and the intended crime are of equal
or different gravity (Article 49, RPC)
d. Praeter intentionem (So grave a
wrong caused than that intended)
lowers criminal liability under
Article 13
e. Proximate cause (The cause of the
cause is cause of the evil caused)
is that cause which, in its natural
and continuous sequence, unbroken
by any efficient intervening cause,
produces the injury and without
which the result would have occurred
(Vallacar Transit, Inc. vs. Catubig,
GR No. 175512, May 30, 2011);
gives rise to criminal liability by
analogy to Article 4, paragraph 1
Natural refers to an occurrence in the
ordinary course of human life or events
Logical means that there is a rational
connection between the act of the
accused and the resulting injury or
damage
The felony committed is NOT the
proximate cause of the resulting injury
when:
i. There is an active force that
intervened between the felony
committed and the resulting
injury, and the active force is a
distinct act or fact absolutely
foreign from the felonious act of
the accused; or
ii. The resulting injury is due to the
intentional act of the victim
(Reyes, Book One, 2012, pp.
7677).
The following are not efficient
intervening causes:
i. The weak or diseased physical
condition of the victim, as when
one is suffering from tuberculosis
or heart disease;
ii. The nervousness or
temperament of the victim, as
when a person dies in
consequence of an internal
hemorrhage brought on by
moving about against the doctors
orders, because of his nervous
condition due to the wound
inflicte by the accused;
iii. Causes which are inherent in the
victim, such as (a) the victim not
knowing how to swim, and (b) the
victim being addicted to tuba
drinking;
iv. Neglect of the victim or third
person, such as the refusal by
the injured party of medical
attendance or surgical operation,
or the failure of the doctor to give
anti tetanus injection to the
injured person; and
v. Erroneous or unskillful medical or
surgical treatment, as when the
assault took place in an outlaying
barrio where proper modern
surgican service was not
available.
Those causes, not being efficient
intervening causes, do not break the
relation of cause and effect the
felony committed and the resulting
injury (Reyes, Book One, 2012, p.
79).
Factor Effect of Effect on not actor
Intent Criminal intended whether
Liability acting with
Mistake of Negative Negative intent or thru
Fact criminal criminal negligence
intent liability (Boado, 2012, p. 44)
Aberratio Intended
Ictus result Impossible Crime the accused is
falls on punished for his criminal tendency or
another propensity; Article 4, paragraph 2 of the
person or Revised Penal Code
may be in Requisites:
addition i. That the act performed would be
to te an offense against persons or
injury on property;
the ii. That the act was done with evil
intended intent;
victim iii. That its accomplishment is
Error in Intended Extenuating inherently impossible or that the
Personae result if the means employed is either
falls on resulting inadequate or ineffectual; and
another crime is iv. That the act performed should
due to greater than not constitute a violation of
error in intended, another provision of the RPC.
the e.g. parricide
identity of when what is Is impossible crime a crime?
the victim intended is No. The law states that the act
homicide would be crime hence it has no
(Article 49); ripened to an actual crime because of
no effect if the ineffectual means employed or due
the resulting to its inherent impossibility. Thus,
crime is the objectively, no crime has been
same as that committed (Ibid, p. 49).
intended,
e.g. Inherent impossibility of its
homicide accomplishment:
and a. Legal Impossibility occurs
homicide where the intended acts, even if
Praeter Actual Mitigating completed would NOT amount to
Intentionem crime is under Article crime, such as killing a person
greater 13 who is already dead (Intod vs.
than Court of Appeals, GR No.
intended 103119, October 21, 1992).
Proximate Results in Results in b. Physical Impossibility occurs
Cause crime criminal when extraneous circumstances
although liability to the unknown to the actor or beyond
 his control prevent the
consummation of the intended
crime (e.g. when a man with the
intention to steal anothers wallet
and finds the pocket empty; when
a person steals a check which
was later dishonored) (Ibid;
Jacinto vs. People, GR No.
162540, July 13, 2009).
Felonies against persons are:
1. Murder (Article 248);
2. Homicide (Article 249);
3. Parricide (Article 246);
4. Infanticide (Article 255);
5. Duel (Articles 260 and 261);
6. Rape (Article 266A);
7. Abortion (Articles 256, 257, 258
and 259); and
8. Physical Injuries (Articles 262,
263, 264, 265 and 266)
Felonies against property are:
1. Brigandage (Articles 306 and
307);
2. Robbery (Articles 294, 297, 298,
299, 300, 302 and 303);
3. Usurpation (Articles 312 and
313);
4. Culpable Insolvency (Article 314);
5. Theft (Articles 308, 310 and 311);
6. Swindling and other deceits
(Articles 315, 316, 317 and 318);
7. Chattel Mortgage (Article 319);
8. Arson and other crimes involving
destruction (Articles 320,321,
322, 323, 324, 325 and 326); and
9. Malicious Mischief (Articles 327,
328, 329, 330 and 321)
Notes:
a. Felony against persons or
property should not be actually
committed, otherwise, he would
be liable for that felony; there
would be no impossible crime to
speak of
b. Objectively, the offender has
NOT committed a felony, but
subjectively, he is a criminal.
c. There is no attempted or
frustrated impossible crime. It is
always consummated and
applies only to grave or less
grave felonies.
Article 5. Duty of the Court
Paragraph 1. Acts which should be
repressed but which are not covered
by law
Requisites:
a. The act committed by the
accused appears not punishable
by law;
b. But the court deems it proper to
repress such act;
c. In that case, the court must
render the proper decision by
dismissing the case and
acquitting the accused; and
d. The judge must then make a
report to the Chief Executive,
through the Secretary of Justice,
stating the reasons which induce
him to believe that the said act
should be made the subject of
penal legislation
Paragraph 2. Excessive penalties
Requisites:
a. The court after trial finds the
accused guilty;
b. The penalty provided by law and
which the court imposes for the
crime committed appears to be
clearly excessive because:
i. The accused acted with
lesser degree of malice,
and/or
 ii. There is no injury or the
injury caused is of lesser
gravity;
c. The court should not suspend the
execution of the sentence; and
d. The judge should submit a
statement to the Chief Executive,
through the Secretary of Justice,
recommending executive
clemency
The court must impose the penalty
prescribed for the crime committed
although it finds the penalty too harsh
considering the conditions surrounding
the commission of the crime. At the
most the judge could do is to
recommend the Chief Executive to grant
executive clemency.
Article 6. Consummated, frustrated,
and attempted felonies
Consummated felonies, as well as
those which are frustrated and
attempted, are punishable.
Consummated felony when all the
elements necessary for its execution
and accomplishment are present
Note: The offender does not have to do
anything else to consummate the
offense. He has already reached the
objective stage of the offense as he no
longer has control of his acts having
already performed all that is necessary
to accomplish his purpose (Boado,
2012, p. 53).
Formal crimes are always
consummated because the offender
cannot perform all the acts necessary to
execute the offense without
consummating it. Physical injuries are
formal crimes since these are punished
as to result and the gravity of the injury
cannot be determined whether slight,
less serious or serious unless and until
consummated. Slander is a formal crime
because the moment the defamatory
words were uttered and heard by third
person, the crime is consummated
(Ibid).
Frustrated felony when the offender
performs all the act of execution which
would produce the felony as a
consequence but which, nevertheless,
do not produce it by reason of causes
independent of the will of the perpetrator
Examples of crimes which do not
admit of frustrated stage?
a. Rape, no matter how slight the
penetration, the felony is
consummated
b. Arson, because this defined as
the burning of property, hence,
the moment burning occurs, even
if a small portion only, the offense
is consummated
c. Indirect bribery, the acceptance
of the gifts offered to the public
officer by reason of his office is
consummation of the said felony
d. Direct bribery
e. Corruption of Public Officers, the
concurrence of the will of both
parties, such as that when the
offer is accepted, would render
the offense as consummated. If
he rejects, the offense is merely
attempted
f. Adultery, because its essence is
sexual congress, hence the same
principle as in rape applies
g. Physical injuries, since it cannot
be determined whether the injury
will be slight, less serious, or
serious unless and until
consummated
 h. Theft and robbery because
apoderameinto is complete from
the moment offender gains
possession of the thing
Attempted felony when the offender
commences the commission of a felony
directly by overt acts, and does not
perform all the acts of execution which
should produce the felony by reason of
some cause or accident other than his
own spontaneous desistance
Overt acts are some physical
activities or deeds, indicating the
intention to commit a particular crime,
more than a mere planning or
preparation, which are carried to its
complete termination following its
natural course, without being frustrated
by external obstacles nor by the
voluntary desistance of the perpetrator,
will logically and necessarily ripen into a
concrete offense (Reyes, Book One,
2012, p. 99); are external acts which if
continued will logically result in a felony
(Boado, 2012, p. 55)
Preparatory Acts are acts which
require another act so that a felony will
result, and are not as a rule punishable
unless there are themselves punished
as independent crimes (Ibid)
Indeterminate Offense it is one
where the purpose of the offender in
performing an act is not certain. Its
nature in relation to its objective is
ambiguous (Reyes, Book One, 2012, p.
101). The accused may be convicted of
a felony defined by the acts performed
by him up to the time of desistance.
Desistance it is the act of
discontinuing the execution of the felony
which will negative criminal liability of
the offender when done during the
attempted stage. It is an absolutory
cause which negates criminal liability
because the law encourages a person
to desist from committing a crime
(Boado, 2012, p. 56).
Kinds of Desistance
Legal Desistance Factual
Desistance
Definition
Desistance Actual desistance
referred to in law of the actor, the
which would actor is still liable
obviate criminal for the attempt
liability unless the
overt or
preparatory act
already committed
in themselves
constitute a felony
other than what
the actor intended
Time or Period Employed
Desistance made Desistance made
during the after the attempted
attempted stage stage of the crime
Note: The desistance which exempts
from criminal liability has reference to
the crime intended to be committed, and
has no reference to the crime actually
committed by the offender before his
desistance (People vs. Lizada, GR
Nos. 14346872, January 24, 2008).
Development of Crime
Internal Acts such as mere ideas in
the mind of a person, are NOT
punishable even if, had they been
carried out, they would constitute a
crime (Reyes, Book One, 2012, p. 96).
External Acts covers preparatory acts
and acts of execution.
 a. Preparatory Acts acts which People, June 2007)
are ordinarily NOT punishable ** for reasons independent of the will of
except when the laws provide for the perpetrator (Lazaro vs. People, June
their punishment in certain 2007)
felonies.
Subjective Phase it is that portion of
Example: (i) Buying of the acts constituting the crime, starting
poison or carrying a weapon with from the point where the offender begins
which to kill the intended victim; the commission of the crime to that point
(ii) Carrying inflammable where he still has still control over his
materials to the particular place acts, including their (acts) natural
where a house is to burned course (Reyes, Book One, 2012, p.
106).
Note: Preparatory acts which are
considered in themselves, by law, Objective Phase The offender no
as independent crimes are longer has control over his acts until the
punishable. Example: Possession last act of the offense. If the offense is
of picklocks under Article 304, NOT produced, then it is frustrated. If
such possession is a preparatory the subjective and objective phases are
act to the commission of robbery present, there is a consummated felony.
(Articles 299 and 302).
Rules on
b. Acts of Execution refers to the Murder/Homicide/Parricide/Infanticid
stages in the commission of a e
felony or acts of execution
attempted, frustrated and Death Intent Gravit Crime
consummated the acts which Resul to Kill y of Committed
are punishable under the RPC. ts the
woun
Commencement of

crime
Passes through the

Passes through the

crime by overt

d
Subjective Phase?

Objective Phase?

Yes Presum Mortal Consummat

ed woun ed MHPI
committed?

d
a

No Yes Mortal Frustrated

MHPI
acts?

Was

No Yes Non Attempted

mortal MHPI
NO CRIME NO NO NO NO
No Yes Overt Attempted
Attempted YE NO NO NO
act MHPI
S *
only
Frustrated YE YE YE NO
no
S S S **
woun
Consummate YE YE YE YE d
d S S S S
No No Mortal Serious
* by some cause apart from his woun Physical
voluntary desistance (Valenzuela vs. d Injuries
No No Non Less b. Theft (Article 309, pars 7 and 8)
mortal serious/slig c. Alteration of boundary marks
woun ht physical (Article 313)
d injuries d. Malicious mischief (Article 328,
par. 3; Article 329, par. 3)
e. Intriguing against honor (Article
ATTEMPT FRUSTRAT 364)
IMPOSSIB
ED ED
LE CRIME General Rule: Light felonies are
FELONY FELONY
Evil intent is not accomplished punishable only when they have been
Evil intent is possible of Evil intent consummated
accomplishment cannot be Exception: Light felonies committed
accomplish against persons or property, are
ed punishable even if attempted or
What What Evil intent frustrated
prevented prevented cannot be
the the accomplish Who are punishable in light felonies?
accomplish accomplish ed because Under Article 16, only the
ment is the ment are it is principals and the accomplices are
intervention causes inherently liable. Accessories are not punishable
of certain independen impossible because light felony is penalized with
cause or t of the will of arresto menor. Accessories are
accident in of the accomplish penalized two degrees lower than the
which the perpetrator ment or the principal or two degrees below arresto
offender mean menor which is non existent. De minimis
has no part employed non curat lex (The law does not deal
by the with trifles) (Boado, 2012, p. 59).
offender is
inadequate Article 8. Conspiracy and proposal to
or commit felony Conspiracy and
ineffectual proposal to commit felony are
punishable only in the cases in which
Article 7. When light felonies are the law specially provides a penalty
punishable Light felonies are therefor.
punishable only when they have been
consummated, with the exception of A conspiracy exists when two
those committed against persons or or more persons come to an
property. agreement concerning the
commission of a felony and decide to
Light felonies are those infractions of commit it.
law for the commission of which the
penalty of arresto menor or a fine not There is proposal when the
exceeding 200 pesos, or both is person who has decided to commit a
provided (Article 9, paragraph 3). felony proposes its execution to
a. Slight physical injuries (Article some other person or persons.
266)
General Rule: Mere conspiracy or
proposal to commit a felony is not
punishable since they are only
preparatory acts
Exception: In cases in which the law
specially provides a penalty therefor
Requisites of conspiracy:
a. That two or more persons came
to an agreement;
b. That the agreement concerned
the commission of a felony; and
c. That the execution of the felony
be decided upon.
The RPC specially provides a penalty
for mere conspiracy in:
a. Treason (Article 115)
b. Coup d etat, rebellion,
insurrection (Article 136)
c. Sedition (Article 141)
d. Monopolies and combinations in
restraint of trade (Article 186)
Under special laws
a. Selected acts committed under
the Dangerous Drugs Act
b. Espionage
c. Illegal Association
d. Highway Robbery
e. Arson
f. Terrorism under the Human
Security Act
Note: Direct proof is not essential to
establish conspiracy, and may be
inferred from the collective acts of the
accused before, during and after the
commission of the crime (Reyes, Book
One, 2012, p. 133).
Conspiracy renders all the
conspirators coprincipals regardless of
the extent and character of their
participation because in contemplation
of law, the act of one conspirator is the
act of all (People vs. Buntag, GR No.
123070, April 14, 2004).
What are the kinds of conspiracy as a
means of committing a crime?
1. Conspiracy by prior agreement
on how to commit the crime. In
this case, a conspirator is liable
as long as he appeared in the
scene of the crime except when
he is the mastermind who is
liable whether or not he appears.
This is because he is a principal
by inducement and without his
inducement the crime would not
have been committed.
2. Implied conspiracy, or
conspiracy that is deduced from
the acts of the offenders. Here,
the offenders acted in concert
during the commission of the
crime; the agreement to pursue a
common design and united
purpose was instantaneous. It is
essential for liability to attach that
the conspirator participated in the
commission of the crime (Boado,
2012, p. 63).
Note: Mere knowledge, acquiescence to
or agreement to cooperate as party to
conspiracy, absent any active
participation in the commission of the
crime, with a view to the furtherance of
the common design and purpose
conspiracy transcends companionship
(People vs. Patano, GR No. 129306,
March 14, 2003).
Requisites of proposal:
a. That a person has decided to
commit a felony; and
b. That he proposes its execution to
some other person or persons
The RPC specially provides a penalty
for mere proposal in:
a. Treason (Article 115)
b. Coup d etat, rebellion,
insurrection (Article 136)
There is no criminal proposal when:
a. The person who proposes is NOT
determined to commit the felony
b. There is no decided, concrete
and formal proposal
c. It is not the execution of a felony
that is proposed (Reyes, Book
One, 2012, pp.135136)
Note: It is NOT necessary that the
person to whom the proposal is made
agrees to commit treason, coup d etat,
rebellion, insurrection, what constitutes
the felony is the making of the proposal.
Situation: Appellant held the hands of
the victim and rendered the latter
helpless while being stabbed by Anding
de Leon. These acts showed that
appellant had knowledge of his
companions criminal design, and that
he had indispensable participation
therein. It is immaterial that he merely
held the hands of the victim while the
latter was being stabbed by the co-
accused. In view of the presence of
conspiracy, all the perpetrators of the
crime bear equal responsibility (People
vs. De Leon, et al., GR No. 144052,
March 6, 2002).
May a coconspirator be acquitted
while others are convicted?
Yes. Although conspiracy is a
joint act, there is nothing irregular if a
supposed co-conspirator is acquitted
and others convicted. The mere act of
conspiring is NOT by itself punishable.
Hence, it does NOT follow that one
conspirator alone (an alleged inducer)
cannot be convicted when there is a
conspiracy. As long as the acquittal of a
co-conspirator does NOT remove the
basis of a charge of conspiracy, other
conspirators may be found guilty of the
offense (People vs. Tiguman, GR No.
130502-03, May 24, 2001).
In the absence of a conspiracy, what
is the liability of the offenders?
In the absence of previous
conspiracy, unity of criminal purpose
and intention immediately before the
commission of the crime, or community
of criminal design, the criminal
responsibility arising from different acts
directed against one and the same
person is individual and NOT collective,
and each of the participants is liable
only for the act committed by him
(Peoplee vs. Desoy, GR No. 127754,
August 16, 1999).
Article 9. Grave felonies, less grave
felonies, and light felonies
Grave Felonies are those which the
law attaches the capital punishment or
penalties, which in any of their periods
are afflictive, in accordance with Article
25 of the RPC.
Less Grave Felonies are those which
the law punishes with penalties, which in
their maximum period are correctional,
in accordance with abovementioned
article.
Light Felonies are those infractions
of law for the commission of which the
penalty of arresto menor or a fine not
exceeding 200.00 pesos, or both, is
provided.
Classification of felonies according
to their penalty
 Article 9 classifies felonies
according to their gravity. The gravity of
the felonies is determined by the
penalties attached to them by law.
Article 10. Offenses not subject to the
provisions of this Code Offenses
which are or in the future may be
punishable under special laws are
not subject to the provisions of this
Code. The Code shall be
supplementary to such laws, unless
the latter should specially provided
the contrary.
General Rule: RPC provisions are
supplementary to special laws
Exceptions:
a. Where the special law provides
otherwise; and
b. When the provisions of the RPC
are impossible of application,
either by express provision or by
necessary implication
Article 11. Justifying circumstances
The following do not incur any
criminal liability:
1. Anyone who acts in defense of his
persons or rights, provided that
the following circumstances
concur:
First. Unlawful aggression;
Second. Reasonable
necessity of the means
employed to prevent or
repel it;
Third. Lack of sufficient
provocation on the part of
the person defending
himself.
2. Anyone who acts in defense of the
person or rights of his spouse,
ascendants, descendants, or
legitimate, natural, or adopted
brothers or sisters, or his relatives
by affinity in the same degrees,
and those by consanguinity within
the fourth civil degree, provided
that the first and second
requisites prescribed in the next
preceding circumstance are
present, and the further requisite,
in case the provocation was given
by the person attacked, that the
one making defense had no part
therein.
3. Anyone who acts in defense of the
person or rights of a stranger,
provided that the first and second
requisites mentioned in the first
circumstance of this article are
present and that the person
defending be not induced by
revenge, resentment or other evil
motive.
4. Any person who, in order to avoid
an evil or injury, does an act
which causes damage to another,
provided that the following
requisites are present:
First. That the evil sought to
be avoided actually exists;
Second. That the injury
feared be greater than that
done to avoid it;
Third. That there be no
other practical and less
harmful means of
preventing it.
5. Any person who acts in the
fulfillment of a duty or in the
lawful exercise of a right or office.
6. Any person who acts in obedience
to an order issued by a superior
for some lawful purpose.
Justifying Circumstances those in
which the act of a person is said to be in
accordance with law, so that such
person is deemed not to have
transgressed the law and is free from
both criminal and civil liability.
There is no civil liability, except in
par. 4 of Article 11, where the civil
liability is borne by the persons
benefited by the act (Reyes, Book One,
2012, p. 154).
SelfDefense Article 11, par. 1
Rights included:
1. Defense of Person
2. Defense of Rights
3. Defense of Property it can be
invoked if there is an attack upon the
property although it is not coupled
with an attack upon the person of the
owner of the premises. All the
elements for justification must
however be present (People vs.
Narvaez, GR No. L3346667,
April 200, 1983).
4. Defense of Honor a slap on the
face is considered as unlawful
aggression since the face represents
a person and his dignity. It is a
serious personal attack; a physical
assault, coupled with a willful
disgrace; and it may, therefore, be
frequently regarded as placing in real
danger a persons dignity, rights and
safety (Rugas vs. People, GR No.
147789, January 14, 2004).
What is the effect when not all of the
requisites for defense are present?
The accused should be entitled to
either:
a. Ordinary mitigating circumstance
of income defense pursuant to
Article 13 (1) if only one requisite
is present which should always
be unlawful aggression; or
b. Privileged mitigating
circumstance under Article 69, if
majority, that is, two requisites
are present, which should always
include unlawful aggression
(Boado, 2012, p. 90).
Unlawful aggression
a. Equivalent to an physical assault
Note: The person defending himself
must have been attacked with actual
physical force with the actual use of
weapon
b. Threatened assault of an immediate
and imminent kind which is offensive
and positively strong, showing the
wrongful intent to cause injury
c. It must come from the person who
was attacked by the accused
Note: No unlawful aggression when
there was an agreement to fight
(People vs. Monteroso, GR No.
28538, August 4, 1928)
d. Not merely threats or threatening
stance or posture;
Note: Mere belief in an impending
attack is NOT sufficient. Neither is
intimidating or threatening attitude
(People vs. Bautista, GR No.
109800, March 12, 1996).
If there is no unlawful aggression there
is nothing to prevent or repel. The
second requisite of defense will have no
basis
Reasonable necessity of the means
employed to prevent or repel it (a)
there be a necessity of the course of
action taken by the person making a
defense, and (b) there be a necessity of
the means used. Both of which should
be reasonable (Reyes, Book One,
2012, p. 183).
 In determining reasonable
means, some factors are to be
considered such as:
i. Presence of imminent
danger;
ii. Impelled by the instinct of
selfpreservation;
iii. Nature and quality of the
weapon used by the
accused compared to the
weapon of the aggression;
iv. Emergency to which the
person defending himself
has been exposed to;
v. Size and/or physical
character of the aggressor
compared to the accused
and other circumstances
that can be considered
showing disparity between
aggressor and accused
Lack of sufficient provocation
a) When no provocation at all was
given to the aggressor by the
person defending himself; or
b) When, even if a provocation was
given, it was not sufficient;
c) When, even if the provocation
was sufficient, it was not given by
the person defending himself; or
d) When, even if a provocation was
given by the person defending
himself, it was not proximate and
immediate to the act of
aggression (Ibid, p. 195).
Battered Woman Syndrome - 2
scientifically defined pattern of
psychological and behavioral symptoms
found in women living in battering
relationships as a result of cumulative
abuse (Section 3 [c], RA 9262).
As a Defense: Victim-survivors who are
found by the courts to be suffering from
battered woman syndrome DO NOT
INCUR ANY CRIMINAL AND CIVIL
LIABILITY notwithstanding the absence
of any of the elements for justifying
circumstances of self-defense under the
Revised Penal Code (Section 26, Ibid).
Cycle of violence includes (a) The
Tension building phase; (b) The
Acute battering incident; and (c) The
Tranquil, loving (or at least non
violent) phase. The defense should
prove all three (3) phases of cycle of
violence characterizing the relationship
of the parties (People vs. Genosa, G.R.
No. 135981, January 15, 2004).
In the determination of the state of mind
of the woman who was suffering from
battered woman syndrome at the time of
the commission of the crime, the courts
shall be assisted by expert psychiatrists/
psychologists (Section 26, RA 9262).
Four characteristics of the syndrome
1. The woman believes that the
violence was her fault;
2. She has an inability to place the
responsibility for the violence
elsewhere;
3. She fears for her life and/or her
childrens life; and
4. She has an irrational belief that
the abuser is omnipresent and
omniscient (Boado, 2012, p. 85)
Defense of Relatives Article 11, par.
Requisites:
a. Unlawful aggression
b. Reasonable necessity of the
means employed to prevent or
repel it
c. In case the provocation was
given by the person attacked, the
 one making the defense had no
part therein
Relatives that can be defended:
a. Spouse Legitimate
b. Ascendants Father, Mother,
Grandparents and Great
Grandparents in direct line
c. Descendants Children,
Grandchildren and Great
Grandchildren in direct line
d. Legitimate, natural or adopted
brothers and sisters
e. Relatives by affinity in the same
degrees because of marriage,
are parentsinlaw, son or
daughterinlaw, and brother or
sisterinlaw
f. Relatives by consanguinity within
the fourth civil degree
Defense of Stranger Article 11, par. 3
Requisites:
a. Unlawful aggression
b. Reasonable necessity of the
means employed to prevent or
repel it
c. The person defending be not
induced by revenge, resentment,
or other evil motive
Who are deemed strangers?
Any person not included in the
enumeration of relatives mentioned in
paragraph 2 of this article, is considered
stranger for the purpose of paragraph 3.
Hence, even a close friend or a distant
relative is a stranger within the meaning
of paragraph 3 (Reyes, Book One,
2012, p. 210).
Avoidance of greater evil or injury
Article 11, par. 4
Doctrine of State of Necessity
Damage to another this term covers
injury to persons and damage to
property
That the evil sought to be avoided
actually exists The evil must actually
exist. If the evils sought to be avoided is
merely expected or anticipate or may
happen in the future, paragraph 4 of
Article 11 is not applicable (Reyes,
Book One, 2012, p. 212)
Note: There is civil liability under this
paragraph Although, as a rule there is
no civil liability in justifying
circumstances, it is only in paragraph 4
of Article 11 where there is civil liability,
but the civil liability is borne by the
persons benefited (Ibid, p. 214).
In cases falling within the
subdivision 4 of Article, the persons for
whose benefit the harm has been
prevented, shall be civilly liable in
proportion to the benefit which they may
have received (Article 101,RPC)
The burden of evidence shifts to the
accused to show that the results were
legally justified. Otherwise stated, the
accused assumes the burden to
establish his plea by credible, clear and
convincing evidence (People vs.
Candelaria et al., GR. No. 181594,
August 28, 2008)
Fulfillment of duty or lawful exercise
of right or office Article 11, par. 5
Requisites:
a. That the accused acted in the
performance of a duty or in the
lawful exercise of a right or office;
b. That the injury caused or the
offense committed be the
necessary consequence of the
due performance of duty or the
 lawful exercise of such right or
office
In People vs. Delima, GR No. 18660,
December 22, 1922, the deceased who
escaped from prison while serving
sentence was under the obligation to
surrender, and had no right, after
evading the service of his sentence to
commit assault and disobedience with a
weapon on his hand, which compelled
the policeman to resort to such extreme
means, which although it proved to be
fatal, was justified by the circumstances.
Doctrine of SelfHelp
Article 429 of the Civil Code is
applicable under this paragraph. The
article states The owner or lawful
possessor of a thing has the right to
exclude any person from the enjoyment
and disposal thereof. For this purpose,
he may use such force as may be
reasonably necessary to repel or
prevent an actual or threatened unlawful
physical invasion or usurpation of his
property.
The actual invasion of property may
consist of a mere disturbance of
possession or of a real dispossession. If
it is a mere disturbance of possession,
force may be used against it at any time
as long as it continues, even beyond the
prescriptive period of forcible entry. If
the invasion consists of a real
dispossession force to regain
possession can be used only
immediately after the dispossession.
Illustration: A constructed a small
house in a piece of land which he
believed to be a disposable public land.
He had been occupying the lot for over
a year. One day, B came and claimed
ownership over the land. B proceeded in
dismantling the house of A. The latter
pleaded to B to stop but his plea fell on
deaf ears. Thereupon, A pulled B to
prevent him from further dismantling the
house. In the process, B fell on the
ground and suffered physical injuries. Is
A liable for the injuries sustained by B?
No, A is not liable. Under the law, he
has the right to employ reasonable force
to prevent or repel actual or threatened
assault on his property. His act of pulling
B was reasonably necessary to protect
his possessory rights over his property
(People vs. Narvaez, GR Nos. L
3346667, April 20, 1983).
Obedience to an order issued for
some lawful purpose Article 11, par.
6
Requisites:
a. That an order has been issued by
a superior;
b. That such order must be for
some lawful purpose; and
c. That the means used by the
subordinate to carry out said
order is lawful.
Paragraph 6, Article 11 presupposes
that what was obeyed by the accused
was a lawful order; but if the accused
complied with an unlawful order under a
mistake of fact, he should not incur
criminal liability (Regalado, Criminal
Law Conspectus, 2007 Edition
[hereafter Regalado, 2007], pp. 58)
Subordinate is not liable for carrying out
an illegal order if he is not aware of its
illegality and he is not negligent
(Tabuena vs. Sandiganbayan, GR No.
10350103, February 17, 1997).
Article 12. Circumstances which
exempt from criminal liability. The
following are exempt from criminal institution or person mentioned in
liability: said Article 80.
1. An imbecile or an insane person,
unless the latter has acted during 4. Any person who, while performing
a lucid interval. a lawful act with due care, causes
an injury by mere accident without
When the imbecile or an insane fault or intention of causing it.
person has committed an act
which the law defines as a felony 5. Any person who acts under the
(delito), the court shall order his compulsion of irresistible force.
confinement in one of the
hospitals or asylums established 6. Any person who acts under the
for persons thus afflicted, which impulse of an uncontrollable fear
he shall not be permitted to leave of an equal or greater injury.
without first obtaining the
permission of the same court. 7. Any person who fails to perform
an act required by law, when
2. A person under nine years of prevented by some lawful
age.* (Modified by Section 6 of RA insuperable cause.
9344. Minimum age of
responsibility is now fifteen (15) Exempting circumstances (or the
years or under) circumstances for non-imputability)
those grounds for exemption from
3. A person over nine years of age punishment because there is wanting in
and under fifteen, unless he has the agent of the crime any of the
acted with discernment, in which conditions which makes the act
case, such minor shall be voluntary or negligent (Reyes, Book
proceeded against in accordance One, 2012, p. 224).
with the provisions of Article 80 of
this Code.** (Section 6 of RA 9344, JUSTIFYING EXEMPTING
where the age is now above CIRCUMSTANCE CIRCUMSTANCE
fifteen (15) years but below S S
eighteen (18) years of age. The Affects the act Affects the actor
child shall now be subject to an NOT the actor NOT the act.
intervention program. Act is considered Act complained of
When such minor is adjudged to have been done is actually
to be criminally irresponsible, the WITHIN the wrongful, but the
court, in conformity with the bounds of law; actor is NOT liable.
provisions of this and the hence, legitimate
preceding paragraph, shall and lawful in the
commit him to the care and eyes of the law.
custody of his family who shall be Since the act is Since the act
charged with his surveillance and considered lawful, complained of is
education; otherwise, he shall be there is no crime. actually wrong
committed to the care of some there is a crime but
since the actor
 acted WITHOUT becomes insane at the time of the trial,
voluntariness, he is still liable criminally. The trial,
there is no dolo or however, will be suspended until the
culpa. mental capacity of the accused be
Since there is no Since there is a restored to afford him affair trial (Reyes,
crime, nor a crime committed Book One, 2012, p.228).
criminal, there is though there is no
also no civil liability criminal, there is Dementia Praecox is a form of
(except Art. 11, civil liability (except psychosis where homicidal attack is
par. 4) Art. 12 par. 4 and common, because of delusions that he
7) is being interfered with sexually, or that
his property is being taken. During the
Imbecility or Insanity Article 12, par. period excitement, such person has no
1 control of his acts (People vs. Bonoan,
GR No. L45130, February 17, 1937).
Imbecile is one who, while advanced
in age, has a mental development Somnambulism or sleepwalking
comparable to that of children between must be clearly proven to be considered
two and seven years of age (Ibid, p. as an exempting circumstance under
226). It is one who is deprived this Article (People vs. Gimena, GR
completely of reason or discernment No. 33877, February 6, 1931).
and freedom of the will at the time of
committing the crime (People vs. Feeblemindedness is not
Ambal, GR No. L52688, October 17, exempting but can be considered as
1980, citing People vs. Formigones, mitigating (People vs. Formigones, GR
87 Phil. 658). No. L3246, November 29, 1950).

Insanity it exists when there is a Epilepsy is not a pervading

complete deprivation of intelligence or disease but a nerve disorder. Hence,
freedom of the will. Mere abnormality of after a seizure, the victim is normal for
mental faculties is not enough especially all intents and purposes (People vs.
if the offender has not lost Teves, GR No. 97435, July 14, 1995).
consciousness of his acts (People vs.
Puno, GR No. L33211). Two tests of insanity:
1. Test of cognition complete
Insanity and imbecility, to exempt deprivation of intelligence in
under paragraph 1, must be complete, committing the crime.
and they cannot be graduated in 2. Test of violation total deprivation
degrees in gravity (Regalado, 2007, p. of freedom of will (People vs.
60). Rafanan, Jr., GR No. 54135,
November 21, 1991).
When a person was insane at the
time of the commission of the felony, he Time when Effect on criminal
is exempt from criminal liability. When accused liability
he was sane at the time of the suffers
commission of the crime, but he insanity
 At the time of Exempt from liability
the UNLESS the child above fifteen (15)
commission of years but below eighteen (18) years of
the crime age who HAS ACTED WITH
During trial Proceedings will be DISCERNMENT, in which case, such
suspended and child shall be subjected to the
accused is appropriate proceedings in accordance
committed to a with this Act (Ibid).
hospital
After Execution of NOTE: The exemption from criminal
Judgment or judgment is liability herein established does not
While Serving suspended, the include exemption from civil liability,
Sentence accused is which shall be enforced in accordance
committed to a with existing laws (Ibid).
hospital. The period
of confinement in Determination of Age
the hospital is Presumption child in conflict with the
counted for the law shall enjoy the presumption of
purpose of the minority
prescription of the Construction in case of doubt as to
penalty the age of the child, it shall be resolved
in his/her favour
Minority Article 12, pars 2 and 3
Evidence for the determination of
Child in Conflict with the Law refers age: (a) childs birth certificate; (b)
to a child who is alleged as, accused of, baptismal certificate; or (c) any other
or adjudged as, having committed an pertinent documents. In the absence of
offense under Philippine laws (Section these documents, age may be based
4[e], RA 9344, as amended by RA on: (a) information from the child
10630) himself/herself, (b) testimonies of other
persons, (c) the physical appearance of
Minimum age and Determination of the child and (d) other relevant evidence
criminal responsibility CHILD (Section 7, RA 9344, as amended by
FIFTEEN (15) YEARS OF AGE OR RA 10630).
UNDER at the time of the commission of
the offense shall be EXEMPT FROM When is a child deemed to be fifteen
CRIMINAL LIABILITY. However, the (15) years of age? On the day of the
child shall be subjected to an fifteenth anniversary of his/her birthdate
intervention program pursuant to (Section 6, Ibid).
Section 20 of this Act (Section 6, Ibid).
Treatment of child below age of
CHILD ABOVE FIFTEEN (15) YEARS responsibility If it has been
BUT BELOW EIGHTEEN (18) YEARS determined that the CHILD TAKEN
OF AGE shall likewise be EXEMPT INTO CUSTODY IS FIFTEEN (15)
FROM CRIMINAL LIABILITY and be YEARS OLD OR BELOW, the authority
subjected to an intervention program. which will have an initial contact with the
child, in consultation with the local social
welfare and development officer, has
the duty to immediately release the child
to the custody of:
(a) his/her parents or guardian, or in the
absence thereof, the childs nearest
relative; subjected to a community-
based intervention program supervised
by the local social welfare and
development officer, unless the best
interest of the child requires the referral
of the child to a youth care facility or
Bahay Pag-asa managed by LGUs or
licensed and/or accredited NGOs
monitored by the DSWD.
(b) if abovementioned cannot be
located, or they refuse to take custody,
to: (i) a duly registered
nongovernmental or religious
organization; (ii) a barangay official or a
member of the Barangay Council for the
Protection of Children (BCPC); and (iii)
A local social welfare and development
officer; or, when and where appropriate,
the DSWD.
Note: if the child has been found by the
local social welfare and development
officer to be dependent, abandoned,
neglected or abused by his/her parents
and the best interest of the child
requires that he/she be placed in a
youth care facility or Bahay Pag-asa:
(a) Childs parents or guardians shall
execute a written authorization for the
voluntary commitment of the child;
(b) Failure to executed said
authorization, the DSWD or the Local
Social Welfare and Development Office
(LSWDO) shall immediately file a proper
petition for involuntary commitment
(Section 20, Ibid).
Serious Crimes Committed by
Children Who Are Exempt From
Criminal Responsibility parricide,
murder, infanticide, kidnapping and
serious illegal detention where the victim
is killed or raped, robbery, with homicide
or rape, destructive arson, rape, or
carnapping where the driver or occupant
is killed or raped or offenses under
Republic Act No. 9165 (Comprehensive
Dangerous Drugs Act of 2002)
punishable by more than twelve (12)
years of imprisonment, if any of these
crimes was committed by a CHILD
WHO IS ABOVE TWELVE (12) YEARS
OF AGE UP TO FIFTEEN (15) YEARS
OF AGE, them he/she shall be deemed
a neglected and shall be mandatorily
placed in a special facility within the
youth care faculty or Bahay Pag-asa
called the Intensive Juvenile
Intervention and Support Center
(IJISC)(Section 20A, Ibid).
Status Offenses any conduct not
considered an offense or not penalized
if committed by an adult shall NOT be
considered an offense and shall NOT be
punished if committed by a child
(Section 57, Ibid). These include, but
not limited to: curfew violations, truancy,
parental disobedience, anti-smoking and
anti-drinking laws, as well as light
offenses and misdemeanors against
public order or safety such as, but not
limited to, disorderly conduct, public
scandal, harassment, drunkenness,
public intoxication, criminal nuisance,
vandalism, gambling, mendicancy,
littering, public urination, and
trespassing.
Juvenile status offenses as the
subject of the ordinances enacted by
local governments must be for the
protection of children. NO PENALTY
SHALL BE IMPOSED ON CHILDREN
FOR SAID VIOLATIONS, and they shall
instead be brought to their residence or
to any barangay official at the barangay
hall to be released to the custody of
their parents. Appropriate intervention
programs shall be provided for in such
ordinances. The child shall also be
recorded as a child at risk and not as
a child in conflict with the law. The
ordinance shall also provide for
intervention programs, such as
counseling, attendance in group
activities for children, and for the
parents, attendance in parenting
education seminars (Section 57A,
Ibid).
Offenses Not Applicable to Children
Persons below eighteen (18) years of
age shall be EXEMPT from prosecution
for the crimes of: (a) vagrancy and
prostitution under Section 202 of the
Revised Penal Code; (b) of mendicancy
under Presidential Decree No. 1563;
and (c) sniffing of rugby under
Presidential Decree No. 1619 (Section
58, Ibid).
Accident without fault or intention
causing it Article 12, par. 4
Elements:
1. A person is performing a lawful act;
2. With due care;
3. He causes an injury to another by
mere accident;
4. Without fault or intention of causing
it.
Accident is something that happens
outside the sway of our will, and
although it comes about through some
act of our will, lies beyond the bounds of
humanly foreseeable consequences. If
the consequences are plainly
foreseeable, it will be a case of
negligence (Reyes, Book One, 2012, p.
243). When the act is with fault, it will fall
under culpa; when with intent it will
become an intentional felony (Boado,
2012, p. 139).
Note: Accident and selfdefense are
two incompatible defenses. Accident
presupposes lack of intention, while
selfdefense assumes voluntariness,
but induced only by necessary (People
vs. Laoas, GR No. 126396, June 29,
2001).
When claim of accident not
appreciated
1. Repeated blows negate claim of
wounding by mere accident (People
vs. Taylaran, GR No. L49149,
October 23, 1981).
2. Accidental shooting is negated by
threatening words preceding it and
still aiming the gun at the prostrate
body of the victim, instead of
immediately helping him (People vs.
Reyes, GR No. L33154, February
27, 1976).
Acting under the compulsion of an
irresistible force Article 12, par. 5
Elements:
1. That the compulsion is by means of
physical force;
2. That the physical force must be
irresistible;
3. That the physical force must come
from a third person
Note: For duress to be validly availed of
as a defense, it should be anchored on
a real, imminent or reasonable fear for
ones own life or limb and should not be
speculative, fanciful, or imagined. It is
based on the complete absence of
freedom on the part of the accused and
has its roots in the maxim Actus me
invite factus non est meus actus [an act
done by me against my will is not my
act] (People vs. Salvatierra, GR No.
111124, June 20, 1996).
A person who acts under the
compulsion of an irresistible force, like
one who acts under the impulse of
uncontrollable fear of equal or greater
injury, is exempt from criminal liability
because he does not act with freedom
(People vs. Loreno, GR No. L54414,
July 9, 1984).
Acting under the impulse of an
uncontrollable fear Article 12, par. 6
Elements:
1. That the threat which causes the fear
is of an evil greater than or at least
equal to that which he is required to
commit.
2. That it promises an evil of such
gravity and imminence that the
ordinary man would have
succumbed to it (US vs. Elicanal,
GR No. 11439, October 28, 1916).
Just like irresistible force,
uncontrollable fear is founded on duress
or lack of voluntariness on the part of
the actor. There must be no possibility
of avoiding or escaping from the
situation creating fear, such as the case
of the hostage who decapitated his
fellow hostage because otherwise he
shall be killed by his captors (Boado,
2012, p. 142).
Note: to appreciate duress as a valid
defense, a threat of future injury is not
enough. It must be clearly shown that
the compulsion must be of such
character as to leave no opportunity for
the accused to escape (People vs.
Palencia, GR No. L38957, April 30,
1976).
Distinction between irresistible force
and uncontrollable fear
In irresistible force (par. 5), the
offender uses violence or physical force
to compel another person to commit a
crime; in uncontrollable fear (par. 6), the
offender employs intimidation or threat
in compelling another to commit a crime.
Insuperable or lawful causes Article
12, par. 7
Elements:
1. That an act is required by law to be
done;
2. That a person fails to perform such
act;
3. That his failure to perform such act
was due to some lawful or
insuperable cause.
The law imposes a duty on the
offender to perform an act but his failure
to do so is due to a lawful or insuperable
cause. There is no civil liability because
his acts are lawful. For instance, Article
125 provides for the number of hours
when a person arrested must be
delivered to the judicial authorities. If the
peace officers failed to do so because of
circumstances beyond their control such
as long holidays when the judicial
offices are not open, that is insuperable
cause and the peace officers will not be
liable under Article 125 (Boado, 2012,
p. 142).
Absolutory causes are those where
the act committed is a crime but for
reasons of public policy and sentiment
there is no penalty imposed (Reyes,
Book One, 2012, p. 254)
Examples of absolutory causes
1. Article 6 (3) spontaneous 9. Status offenses in Sections 57 and
desistance in the attempted stage 58, RA 9344
unless the overt act committed 10. Article 280, paragraph 3 the
already constitutes a crime other provisions of this Article (On
than that intended trespass to dwelling) shall not be
2. Article 7 attempted/frustrated light applicable to any person who shall
felonies except those against enter anothers dwelling for the
persons or property purpose of preventing some serious
3. Article 16 accessories in light harm to himself, the occupants of the
felonies dwelling or a third person, nor shall it
4. Article 20 certain relatives who are be applicable to any person who
accessories subject to the requisites shall enter a dwelling for the purpose
provided therein: upon those who of rendering some service to
are such with respect to their humanity or justice, nor to anyone
spouses, ascendants, descendants, who shall enter cafes, taverns, inns
legitimate, natural, and adopted and other public houses, while the
brothers and sisters, or relatives by same are open
affinity within the same degrees 11. Somnambulism
5. Article 247 death and physical 12. Article 344, paragraph 4 In cases
injuries inflicted under exceptional of seduction, abduction, acts of
circumstances: any legally married lasciviousness and rape, the
person marriage of the offender with the
6. Article 332 certain relatives in theft, offended party shall extinguish the
estafa, and malicious mischief: criminal action or remit the penalty
committed or caused mutually by the already imposed upon him. The
following persons: (a) spouses, provisions of this paragraph shall
ascendants and descendants, or also be applicable to the co
relatives by affinity in the same line; principals, accomplices and
(b) the widowed spouse with respect accessories after the fact of the
to the property which belonged to the abovementioned crimes
deceased spouse before the same 13. Mistake of fact
shall have passed into the 14. Repeal of a penal law, either
possession of another; and (c) absolute or modification of the
brothers and sisters and brothers penalty when favorable to the
inlaw and sistersinlaw, if living offender
together 15. Instigation by reason of public policy
7. Article 124, last paragraph the
commission of a crime, or violent Entrapment Instigation
insanity of any other ailment Ways and means Instigator induces
requiring the compulsory are resorted to for would be accused
confinement of the patient in a the capture of to commit the
hospital, shall be considered legal lawbreaker in the crime, hence he
grounds for the detention of any execution of his becomes a co
person criminal plan principal
8. Battered woman syndrome Section The means The law enforcer
26, RA 9262 originate from the conceives the
mind of the commission of the brothers or sisters, or relatives by
criminal crime and affinity within the same degrees.
suggests to the
accused who 6. That of having acted upon an
adopts the idea impulse so powerful as naturally
and carries it into to have produced passion or
execution obfuscation.
Not a bar to the It will result in the
prosecution and acquittal of the 7. That the offender had voluntarily
conviction of the accused surrendered himself to a person in
lawbreaker authority or his agents, or that he
had voluntarily confessed his guilt
Art. 13. Mitigating circumstances. before the court prior to the
The following are mitigating presentation of the evidence for
circumstances: the prosecution.

1. Those mentioned in the preceding 8. That the offender is deaf and

chapter, when all the requisites dumb, blind or otherwise suffering
necessary to justify or to exempt some physical defect which thus
from criminal liability in the restricts his means of action,
respective cases are not defense, or communications with
attendant. his fellow beings.

2. That the offender is under 9. Such illness of the offender as

eighteen year of age or over would diminish the exercise of the
seventy years. In the case of the will-power of the offender without
minor, he shall be proceeded however depriving him of the
against in accordance with the consciousness of his acts.
provisions of Art. 80.
10. And, finally, any other
3. That the offender had no intention circumstances of a similar nature
to commit so grave a wrong as and analogous to those above
that committed. mentioned.

4. That sufficient provocation or

threat on the part of the offended
party immediately preceded the
act.
5. That the act was committed in the
immediate vindication of a grave
offense to the one committing the
felony (delito), his spouse,
ascendants, descendants,
legitimate, natural or adopted
Mitigating Circumstances are those
which, if present in the commission of
the crime, do NOT entirely free the actor
from criminal liability, but serve only to
reduce the penalty (Reyes, Book One,
2012, p. 261).
Kinds of mitigating circumstances:
ORDINARY PRIVILEED
MITIGATING MITIGATING
CIRCUMSTANCE CIRCUMSTANCE only a mitigating circumstance (Ibid, p.
S S 269).
Can be offset by a Cannot be offset
generic by any aggravating Incomplete justifying
aggravating circumstance circumstance of performance of duty as
circumstance shown in the case of People vs. Oanis,
Penalty is lowered Penalty is lowered wherein only one of the requisites of
to the minimum by one or two circumstance of No. 5 of Article 11 was
period of the degrees present, Article 69 was applied.
penalty described According to this provision, the penalty
Not considered Always considered lower by one or two degrees than the
when what is whether the prescribed by law shall, in such case, be
prescribed is a penalty imposable imposed.
single indivisible is divisible or
penalty indivisible Incomplete justifying
circumstance of obedience to an order
Incomplete justifying or exempting
circumstances Article 13, par.1 Incomplete exempting
circumstance of minority over 15 and
Incomplete justifying under 18 years of age, to be exempt
circumstance of defense: In self- from criminal liability under RA 9344,
defense, defense of relative and two conditions must be present:
defense of stranger, unlawful a. That the offender is over 15
aggression must be present, it being an and under 18 years old; and
indispensable requisite. What is absent b. That he does not act with
is either one or both of the last two discernment
requisites. Hence, this paragraph is Therefore, if the minor over 15
applicable in such case (Ibid, p. 267). and under 18 years of age acted with
This shall be considered as a privilege discernment, he is entitled to a
mitigating circumstance referred to in mitigating circumstance, because not all
Article 69 of the Code. the requisites necessary to exempt from
If there is no unlawful aggression, criminal liability are present.
they could be no selfdefense or
defense of a relative, whether complete Incomplete exempting
or incomplete (Ibid, p. 268). circumstance of accident: Under Article
12, par. 4, the following must be present
Incomplete justifying in order to exempt from criminal liability:
circumstance of state of necessity: In Elements:
case of justifying circumstance of 1. A person is performing a lawful act;
avoidance of greater evil, the first 2. With due care;
requisite which is the actual existence 3. He causes an injury to another by
of evil sought to be avoided must mere accident;
always be present. Otherwise there is 4. Without fault or intention of causing
no justifying circumstance whether it.
complete or incomplete. But if any of the
last two requisites is absent, there is
 If the second requisite and the first than 18 years old discernment
part of the fourth requisite are privileged
absent, the case will fall under mitigating, penalty
Article 365 which punishes a felony is reduced by one
by negligence or imprudence. In (1) degree lower
effect, there is a mitigating than that imposed
circumstance, because the penalty is (Article 68, par. 2,
lower than that provided for PRC)
intentional felony. Child In conflict Sentence
with the law, under suspended
If the first requisite and the second 18 years of age
part of the fourth requisite are who acted with
absent, because the person discernment
committed an unlawful act and had 18 years old or Full criminal
the intention of causing the injury, it over responsibility
will be an intentional felony. The 70 years old or Mitigating, no
second and third requisites will not over imposition of death
be present either. In this case, there penalty; if already
is not even a mitigating imposed, execution
circumstance. of death penalty is
suspended and
Incomplete exempting commuted
circumstance of uncontrollable fear: If
only one of those requisites is present, No intention to commit so grave a
there is only a mitigating circumstance. wrong (or Praeter Intentionem)
Article 13, par.3
Over 15 and under 18, if there is
discernment, or over 70 years old Can be taken into account only
Article 13, par.2 when the facts proven into account only
It is the age of the accused at the when the facts proven show that there is
time of the commission of the crime notable and evident disproportion
which should be determined. His age at between the means employed to
the time of the trial is immaterial. execute the criminal act and its
consequences (US vs. Reyes, GR No.
12635, September 25, 1917).
Legal effects of various ages of
offender Intention may be ascertained by
15 years old and Exempting considering:
below circumstance a. The weapon used
Over 15 but less if he acted b. The injury inflicted
than 18 years oldWITHOUT c. The manner it is inflicted
discernment d. The part of the body injured
exempting, under
Juvenile Justice Instances when the rule on Praeter
Welfare Act Intentionem would NOT be applicable
Over 15 but less if he acted WITH
a. NOT applicable to felonies by
negligence
b. NOT applicable to felonies where
intention is immaterial
c. NOT appreciated in murder qualified
by treachery
d. NOT appreciated in cases where
there is no material harm done
e. NOT applicable in unintentional
abortion
Sufficient Provocation Article 13,
par.4
Provocation is understood as any
unjust or improper conduct or act of the
offended party, capable of exciting,
inciting, or irritating any one
Requisites:
a. That the provocation must be
sufficient;
b. That it must originate from the
offended party; and
c. That the provocation must be
immediate to the act, i.e., to the
commission of the crime by the
person who is provoked
Sufficient it means adequate to
excite a person to commit the wrong
and must accordingly be proportionate
to its gravity (People vs. Nabora, GR
No. 48101, November 22, 1941).
The threat should not be offensive and
positively strong. Otherwise, the threat
to inflict real injury is an unlawful
aggression, which may give rise to self
defense (US vs. Guysayco, GR No.
4912, March 25, 1909).
The liability of the accused is mitigated
only insofar as it concerns the harm
inflicted upon the person who made the
provocation, but not with regard to the
other victims who did not participate in
the provocation (US vs. Malabanan,
GR No. 3964, November 26, 1907).
Vindication of grave offense Article
13, par.5
Requisites:
a. That there must be a grave offense
done to the one committing the
felony (offender), his spouse,
ascendants, descendants, legitimate,
natural or adopted brothers or
sisters, or relatives by affinity within
the same degree.
b. That the felony is committed in
vindication of such grave offense. A
lapse of time is allowed between the
vindication and the doing of the
grave offense.
Immediate means proximate and
allows for a lapse of time as long as the
offender is still suffering from the mental
agony brought about by the offense to
him. It is unlike in sufficient provocation
where there should be no lapse of time
between the provocation and the
commission of the crime (Boado, 2012,
p. 149).
Grave offense includes any act that is
offensive to the offender or his relatives
and the same need not be unlawful
(People vs. Benito, GR No. L32042,
February 13, 1975)
PROVOCATION VINDICATION
It is made directly The grave offense
only to the person may be committed
committing the also against the
felony. offenders
relatives
mentioned by law.
The cause that Grave offense
brought about the against the
provocation need to offender or his
be a grave offense.relative circumstances cannot be considered as
It is necessary that
The vindication of two distinct and separate circumstances
the provocation or the grave offense but should be treated as one (People
threat immediately may be vs. Pagal, GR No. L32040, October
preceded the act, proximate, which 25, 1977).
i.e. that there be no
admits of an
interval of time interval of time How further should the act that
between the
between the produces passion or obfuscation be
provocation and thegrave offense from the commission of the crime?
commission of the done by the The act producing obfuscation
crime offended party must not be far removed from the
and the commission of the crime by a
commission of the considerable length of time, during
crime by the which the accused might have regained
accused his normal equanimity (Boado, 2012, p.
It is mere spite It concerns the 151).
against the one honor of a person
giving the When is passion and obfuscation
provocation or NOT appreciated?
threat The court will not appreciate
(Reyes, Book One, 2012, pp. 294295) passion and obfuscation where the
anger did not arise from lawful
Passion and Obfuscation Article 13, sentiments (Ibid, citing People vs.
par.6 Tiongco)
Requisites: Passion and obfuscation cannot
a. That there be an act, both unlawful co-exist with treachery or evident
and sufficient to produce a condition premeditation because this
of mind; and circumstance must be a spur of the
b. That said act which produced the moment. It cannot be appreciated if the
obfuscation was not far removed acts of the accused were done in the
from the commission of the crime by spirit of revenge nad lawlessness, for
considerable length of time, during which no mitigating circumstance can
which the perpetrator might recover arise (People vs. Court of Appeals,
his normal equanimity. GR No. 103613, February 23, 2001). It
cannot be claimed in addition to
It is a mitigating circumstance only when vindication of grave offense if the two
the same arises from lawful sentiments circumstances arose from the same
(People vs. Bates, GR No. 139907, cause.
March 28, 2003).
It could NOT be present where the
Since the alleged provocation which accused did NOT act due to
caused the obfuscation of the appellants uncontrollable burst of emotion
arose from the same incident, that is, provoked by prior or unjust acts or due
the alleged maltreatment and/or ill to a legitimate stimulus that could
treatment of the appellants by the overcome reason (People vs.
deceased, those two mitigating
Emperador, GR No. 132669, Requisites of voluntary surrender:
September 25, 2009). a. Offender had NOT been actually
arrested;
Passion and Provocation b. Offender surrendered himself to a
Obfuscation person in authority or to the latters
Produced by an The provocation agent; and,
impulse which may must come from c. Surrender was voluntary, i.e.
be caused by the injured party spontaneous and must show the
provocation intent of the accused to submit
Offense which Must immediately himself unconditionally to the
engenders precede the authorities, either because he
perturbation of commission of the acknowledges his guilt or he wishes
mind need not be crime to save them the trouble and
immediate. It is expense incidental to his search and
only required that capture (Estacio vs.
the influence Sandiganbayan, GR No. 75362,
thereof lasts until March 6, 1990)
the moment the
crime is committed Person in authority One directly
The effect is loss of reason and self vested with jurisdiction, which is the
control on the part of the offender power to govern or to execute the laws,
whether as an individual or as a
If obfuscation and provocation arose member of some court or government
from one and the same act, both shall corporation, bard or commission
be treated as only one mitigating (Article 152, RPC, as amended by RA
circumstance 1978).

Passion and Irresistible Force Agent of a person in authority is a

Obfuscation person, who, by direct provisions of the
Mitigating Exempting law, or by election or by appointment by
circumstance circumstance competent authority, is charged with the
It cannot give rise It requires physical maintenance of public order and the
to irresistible force force protection and security of life and
as it does not property and any person who comes to
involve physical the aid of persons in authority (Ibid).
force
Passion and It must come from Spontaneous emphasizes the idea of
obfuscation is in a third person an inner impulse, acting without external
the offender stimulus. The conduct of the accused,
himself not his intention alone, after the
It must arise from It is unlawful commission of the offense, determines
lawful sentiments the spontaneity of the surrender (Reyes,
Book One, 2012, p. 323). Hence,
Voluntary surrender and confession Voluntary surrender presupposes
of guilt Article 13, par.7 repentance. Going to the police station
to clear ones name does NOT show
any intent to surrender unconditionally
to the authorities.
Requisites for plea of guilty:
a. That the offender spontaneously
confessed his guilt;
b. That the confession of guilt was
made in open court, that is, before
the court competent that is to try the
case; and
c. That the confession of guilt was
made prior to the presentation of
evidence for the prosecution.
What is the effect of an improvident
plea of guilt?
The accused must be acquitted if
the only evidence of his guilt is his
improvident guilt plea due to the
prodding of his lawyer from the Public
Attorneys Office (People vs. Mendoza,
GR No. 80845, March 1994).
Where in the original information the
accused pleaded not guilty, but he
pleaded guilty to the amended
information, it is considered a mitigating
circumstance (People vs. Ortiz, GR No.
L19585, November 29, 1965).
The plea of guilty must be made at the
first opportunity. Thus, plea of guilt in
the CFI (or now the RTC) in a case
appealed from the MTC is NOT
mitigating (People vs. Herminio, GR
No. 45466, June 30, 1937).
For voluntary confession to be
appreciated as an extenuating
circumstance it must not only be
unconditional but the accused must
admit to the offense charged (People
vs. Gano, GR No. 134373, February
28, 2001).
Physical defect of offenderArticle 13,
par.8
Physical defect referred herein
such as being armless, cripple, or a
stutterer, whereby his means to act,
defend himself or communicate with his
fellow beings are limited. Furthermore,
this paragraph does not distinguish
between educated and uneducated
deafmute or blind persons (Reyes,
Book One, p. 333).
Illness of the offender Article 13, par.
9
Requisites:
a. That the illness of the offender must
diminish the exercise of his will
power; and,
b. Such illness should NOT deprive the
offender of consciousness of his acts
(if totally deprived of consciousness,
exempted) (Ibid).
This paragraph includes illness of
the mind not amounting to insanity,
kleptomania, feeblemindedness,
mistaken belief that killing witches was
for public good and illness of nerves or
moral faculty (Ibid, pp. 334335).
What is necessary for illness to be
considered as mitigating?
The illness must only diminish
and not deprive the offender of the
consciousness of his acts; otherwise he
will be exempt from criminal liability. The
defect or illness must be contributory to
the commission of the crime. Without
such, the defect or illness shall not be
considered (Boado, 2012, p. 156).
Similar or analogous circumstances
Article 13, par. 9
It authorizes the court to consider
in favor of the accused any other
circumstance of a similar nature and
analogous to those mentioned in
paragraphs 1-9 of Article 13.
Examples:
1. Restitution may be considered in
malversation of public funds
analogous to voluntary pleas of guilty
(Nizurtado vs. Sandiganbayan, GR
No. 107383, December 7, 1994
2. That the petitioner voluntarily took
the cow to the municipal hall to place
it unconditionally in the custody of
the authorities and thus save them
the trouble of recovering the cow,
can be analogous to voluntary
surrender and should be considered
in his favor (Canta vs. People, GR
No. 140937, February 28, 2001)
3. Impulse of jealousy, similar to
passion and obfuscation
4. Manifestations of Battered Wife
Syndrome, analogous to an illness
that diminishes the exercise of will
power (People vs. Genosa, GR No.
135981, January 14, 2004)
5. Over 60 years old with failing sight,
similar to over 70 years of age under
par.2
6. The act of the accused leading the
law enforcers to the place where he
buried the instruments he used to
commit the crime is similar to
voluntary surrender
7. Outrage feeling of unpaid creditor, as
akin to vindication or obfuscation
8. Extreme poverty, as similar to a state
of necessity which may apply to
crimes against property but not of
violence, such as murder, (People
vs. Agustin, GR No. L18368,
March 31, 1966)
9. Appeal to the esprit de corps of the
accused, as analogous to passion
10. Wartime state of confusion resulting
in illegal possession of firearm after
the liberation, as being similar to lack
of intent to commit so grave a wrong
11. Voluntary return of funds malversed
by the accused, as equivalent to
voluntary surrender
12. Testifying for the prosecution without
being discharged from the
information, as similar to plea of
guilty.
Art. 14. Aggravating circumstances.
The following are aggravating
circumstances:
1. That advantage be taken by the
offender of his public position.
2. That the crime be committed in
contempt or with insult to the
public authorities.
3. That the act be committed with
insult or in disregard of the
respect due the offended party on
account of his rank, age, or sex,
or that is be committed in the
dwelling of the offended party, if
the latter has not given
provocation.
4. That the act be committed with
abuse of confidence or obvious
ungratefulness.
5. That the crime be committed in
the palace of the Chief Executive
or in his presence, or where
public authorities are engaged in
the discharge of their duties, or in
a place dedicated to religious
worship.
6. That the crime be committed in
the night time, or in an
uninhabited place, or by a band,
whenever such circumstances
 may facilitate the commission of
the offense.
Whenever more than three
armed malefactors shall have
acted together in the commission
of an offense, it shall be deemed
to have been committed by a
band.
7. That the crime be committed on
the occasion of a conflagration,
shipwreck, earthquake, epidemic
or other calamity or misfortune.
8. That the crime be committed with
the aid of armed men or persons
who insure or afford impunity.
9. That the accused is a recidivist.
A recidivist is one who, at the
time of his trial for one crime,
shall have been previously
convicted by final judgment of
another crime embraced in the
same title of this Code.
10. That the offender has been
previously punished by an offense
to which the law attaches an equal
or greater penalty or for two or
more crimes to which it attaches a
lighter penalty.
11. That the crime be committed in
consideration of a price, reward,
or promise.
12. That the crime be committed by
means of inundation, fire, poison,
explosion, stranding of a vessel or
international damage thereto,
derailment of a locomotive, or by
the use of any other artifice
involving great waste and ruin.
13. That the act be committed with
evident premeditation.
14. That the craft, fraud or disguise be
employed.
15. That advantage be taken of
superior strength, or means be
employed to weaken the defense.
16. That the act be committed with
treachery (alevosia).
There is treachery when the
offender commits any of the
crimes against the person,
employing means, methods, or
forms in the execution thereof
which tend directly and specially
to insure its execution, without
risk to himself arising from the
defense which the offended party
might make.
17. That means be employed or
circumstances brought about
which add ignominy to the natural
effects of the act.
18. That the crime be committed after
an unlawful entry.
There is an unlawful entry
when an entrance of a crime a
wall, roof, floor, door, or window
be broken.
19. That as a means to the
commission of a crime a wall,
roof, floor, door, or window be
broken
20. That the crime be committed with
the aid of persons under fifteen
years of age or by means of motor
vehicles, motorized watercraft,
airships, or other similar means
(as amended by RA 5438).
21. That the wrong done in the
commission of the crime be
deliberately augmented by
causing other wrong not
necessary for its commissions.
Aggravating circumstances are
those circumstances which, if attendant
in the commission of the crime, serve to
increase the resulting penalty without,
however, exceeding the maximum
penalty provided by law for the offense
(Reyes, Book One, 2012, p. 342).
Kinds of Aggravating Circumstances:
1. Generic applies to all crimes and
can be offset by mitigating
circumstances; but if NOT offset,
would affect only the maximum of
the penalty prescribed.
a. Advantage taken of public
position;
b. Contempt of or with insult to
the public authorities;
c. Crime committed in the
dwelling of the offended party;
d. Abuse of confidence or
obvious ungratefulness;
e. Crime is committed in the
palace of the Chief Executive,
or in his presence, or where
public authorities are engaged
their duties or place of
worship;
f. Nighttime, uninhabited place,
or band;
g. Recidivism;
h. Habituality;
i. Craft, fraud or disguise;
j. Crime is committed after an
unlawful entry;
k. Means of commission of the
crime, a wall, roof, floor, door,
or window be broken;
l. Crime be committed with the
aid of persons under 15 years
of age.
2. Specific applies only to particular
crimes and cannot be offset by
mitigating circumstances.
a. With insult or in disregard of
the respect due the offended
party on account of his rank,
age, or sex
b. Abuse of superior strength or
means be employed to
weaken the defense;
c. Treachery in crimes against
persons;
d. Ignominy in crimes against
chastity;
e. Cruelty in crimes against
persons
3. Qualifying those that changes the
nature of the crime to a graver one,
or brings about penalty next higher in
degree and cannot be offset by
mitigating circumstance.
a. Treachery ;
b. Evident premeditation;
c. Art. 248 eumerates the
qualifying aggravating
circumstances which qualify
the killing of person to murder.
Qualifying aggravating
circumstances in relation with
Special Laws
Comprehensive Firearms and
Ammunition Regulation Act
Any person who shall unlawfully
possess any firearm under any or
combination of the following conditions:
(a) Loaded with ammunition or
inserted with a loaded magazine;
(b) Fitted or mounted with laser
or any gadget used to guide the
 shooter to hit the target such as
thermal weapon sight (TWS) and
the like;
(c) Fitted or mounted with sniper
scopes, firearm muffler or firearm
silencer;
(d) Accompanied with an extra
barrel; and
(e) Converted to be capable of
firing full automatic bursts
(Section 28, RA 10591).
The use of a loose firearm, when
inherent in the commission of a crime
punishable under the Revised Penal
Code or other special laws.
Note: If the violation of this Act is in
furtherance of, or incident to, or in
connection with the crime of rebellion of
insurrection, or attempted coup d
etat, such violation shall be absorbed as
an element of the crime of rebellion or
insurrection, or attempted coup d etat.
If the crime is committed by the person
without using the loose firearm, the
violation of this Act shall be considered
as a distinct and separate offense
(Section 29, Ibid).
Comprehensive Dangerous Drugs Act
Qualifying Aggravating
Circumstances in the Commission of
a Crime by an Offender Under the
Influence of Dangerous Drugs
Notwithstanding the provisions of any
law to the contrary, a positive finding for
the use of dangerous drugs shall be a
qualifying aggravating circumstance in
the commission of a crime by an
offender, and the application of the
penalty provided for in the Revised
Penal Code shall be applicable (Section
25, RA 9165).
Immunity from Prosecution and
Punishment this is given to any
person who:
(a) has violated Sections 7 (Employees
and Visitors of a Den, Dive or Resort),
11 (Possession of Dangerous Drugs),
12 (Possession of Equipment,
Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs), 14
(Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social
Gatherings or Meetings), 15 (Use of
Dangerous Drugs), and 19 (Unlawful
Prescription of Dangerous Drugs),
Article II of this Act;
(b) voluntarily gives information about
any violation of Sections 4 (Importation
of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals), 5
(Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs
and/or Controlled Precursors and
Essential Chemicals), 6 (Maintenance of
a Den, Dive or Resort), 8 (Manufacture
of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals),
10 (Manufacture or Delivery of
Equipment, Instrument, Apparatus, and
Other Paraphernalia for Dangerous
Drugs and/or Controlled Precursors and
Essential Chemicals), 13 (Possession of
Dangerous Drugs During Parties, Social
Gatherings or Meetings), and 16
(Cultivation or Culture of Plants
Classified as Dangerous Drugs or are
Sources Thereof), Article II of this Act as
well as any violation of the offenses
mentioned if committed by a drug
syndicate, or any information leading to
the whereabouts, identities and arrest of
all or any of the members thereof; and
(c) who willingly testifies against such
persons as described above
(d) that the person may plead or prove
the giving of such information and
testimony in bar of such prosecution:
Provided, That the following conditions
concur:
(i) The information and testimony
are necessary for the conviction
of the persons described above;
(ii) Such information and
testimony are not yet in the
possession of the State;
(iii) Such information and
testimony can be corroborated on
its material points;
(iv) the informant or witness has
not been previously convicted of
a crime involving moral turpitude,
except when there is no other
direct evidence available for the
State other than the information
and testimony of said informant
or witness; and
(v) The informant or witness shall
strictly and faithfully comply
without delay, any condition or
undertaking, reduced into writing,
lawfully imposed by the State as
further consideration for the grant
of immunity from prosecution and
punishment
Provided, further, That this immunity
may be enjoyed by such informant or
witness who does not appear to be most
guilty for the offense with reference to
which his/her information or testimony
were given: Provided, finally, That
there is no direct evidence available for
the State except for the information and
testimony of the said informant or
witness (Section 33, Ibid).
Applicability of the Revised Penal
Code
General Rule: Notwithstanding any law,
rule or regulation to the contrary, the
provisions of the Revised Penal Code
(Act No. 3814), as amended, shall not
apply to the provisions of this Act
Exception: In the case of minor
offenders. Where the offender is a
minor, the penalty for acts punishable by
life imprisonment to death provided
herein shall be reclusion perpetua to
death (Section 98, Ibid). By virtue of
Article 10 of the Revised Penal Code,
the provisions of the Revised Penal
Code shall be supplementary to RA
9165.
4. Inherent those that must of
necessity accompany the
commission of the crime (Article 62,
par. 2, RPC), therefore not
considered in increasing the penalty
to be imposed
a. Evident premeditation is
inherent in robbery, theft,
estafa, adultery and
concubinage;
b. Abuse of public office in
bribery;
c. Breaking of a wall or unlawful
entry into a house in robbery
with the use of force upon
things;
d. Fraud in estafa;
e. Deceit in simple seduction;
f. Ignominy in rape
5. Special those which arise under
special conditions to increase the
penalty of the offense and cannot be
offset by mitigating circumstances
a. Complex crimes (Article 48,
RPC);
b. Use of unlicensed firearm in
homicide or murder;
c. Taking advantage of public
position and membership in
 an organized/syndicated necessity accompany the
crime group (Article 62, par. commission thereof (Article 62, par.
1[a], RPC); 2, RPC)
d. Error in personae (Article 49, 3. Aggravating circumstances which
RPC); arise:
e. Quasirecidivism (Article a. From the moral attributes
160, RPC) of the offender;
b. From his private relations
Generic Qualifying with the offended party; or
Aggravating Aggravating c. From any personal cause,
As to its effect shall only serve to
Increases the Gives the crime its aggravate the liability of
penalty which proper and the principals, accomplices
should be imposed exclusive name and accessories as to
upon the accused and places the whom such circumstances
to the maximum author thereof in are attendant (Article 62,
period but without such a situation as par. 3, RPC) even if there
exceeding the limit to deserve no was conspiracy
prescribed by law other penalty than 4. The circumstances which consist:
that specially a. In the material execution
described by law of the act, or
for said crime b. In the means employed to
As to whether it can be offset by a accomplish it, shall serve
mitigating circumstance to aggravate the liability of
May be offset by Cannot be offset those persons who had
an ordinary by a mitigating knowledge of them at the
mitigating circumstance since time of the execution of
circumstance since it is considered an the act or their cooperation
it is not an ingredient of the therein
ingredient of the crime Exception: When there is proof of
crime conspiracy in which case the act of
one is deemed to be the act of all,
Rules on aggravating circumstances regardless of lack of knowledge of
1. Aggravating circumstances shall not the facts constituting the
be appreciated if: circumstance (Article 62, par. 4,
a. They constitute a crime RPC).
specially punishable by 5. Aggravating circumstances,
law; or regardless of its kind should be
b. They are included by law specifically alleged in the information
in defining a crime and and proved as fully as the crime itself
prescribing a penalty in order to increase the penalty
therefore (Rule 110, Sec. 9, ROC). Such
2. The same rule shall apply with circumstances are not presumed
respect to any aggravating (People vs. Legaspi, GR Nos.
circumstance inherent in the crime to 13616465, April 20, 2001).
such a degree that it must of
6. When there is more than one
qualifying aggravating circumstance
present, one of them will be
appreciated as qualifying
aggravating while the others will be
considered as generic aggravating.
Abuse of official position Article 14,
par.1
Is the offenders being a public
officer ipso facto aggravating? No.
For such to be considered aggravating,
the public official must use the
influence, prestige and ascendancy
which his office gives him in realizing
his purpose. That accused used his
service firearm in shooting the victim
should not be considered as taking
advantage of public position (People vs.
Amion, GR No. 140511, March 1,
2001).
Insult to public authoritiesArticle 14,
par.2
Requisites:
a. That the public authority is engaged
in the exercise of his official
functions.
b. That he who is thus engaged in the
exercise of said functions is NOT the
person against whom the crime is
committed; and
c. That the offender knows him to be a
public authority
d. His presence has NOT prevented
the offender from committing the
criminal act.
Public authority sometimes called a
person in authority, is a public officer
who is directly vested with, that is, a
public officer who has the power to
govern and execute laws.
The following are persons in authority:
the councilor, mayor, governor,
barangay captain, and barangay
chairman are also persons in authority
(Art. 152, as amended by PD No.
1232); even a public school teacher is a
person in authority under CA 578
amending Article 152. So is the town
municipal health officer, or a nurse,
municipal councilor or an agent of the
BIR (Boado, 2012, p. 168).
Note: This is not applicable when crime
is committed in the presence of an
agent only
Agent of a person in authority is any
person who, by direct provision of law or
by election or by appointment by
competent authority, is charged with the
maintenance of public order and the
protection and security of life and
property, and any person who comes to
the aid of persons in authority (Reyes,
Book One, 2012, p. 355).
If the crime committed is against a
public authority while he is in the
performance of his official duty, the
offender commits direct assault (Article
148) without this aggravating
circumstance, because it is not a crime
committed in contempt of or with insult
to him, but a crime directly committed
against him (Reyes, Book One, 2012,
p. 355).
Age, sex, rank, dwellingArticle 14,
par.3
What are the common factors with
regard to the circumstances of
insult or lack of regard due to the
offended party by reason of age, sex,
or rank or the crime is committed in
the dwelling of the offended party?
These four circumstances show lack of
respect to the offended. There must be
proof that offender deliberately intended
to offend or insult the offended. These
circumstances cannot coexist with
passion or obfuscation where the
offender lost his control or reason. They
are considered in crimes against
persons, security, or honor but not in
crimes against property. The
circumstance of sex is not considered in
crimes where being a woman is an
element thereof as in parricide, rape,
abduction, or seduction (Boado, 2012,
pp. 168169).
Rank refers to the designation or title of
distinction used to fix the relative
position of the offended party in
reference to others. There must be a
difference in the social condition of the
offender or the offended party (Reyes,
Book One, 2012, p. 358).
Age refers to the time that a person or a
thing has existed since birth or
beginning; or may refer to old age or the
tender age of the victim (Ibid, p. 360)
Does age pertain only to old age?
No, but it includes tender age. JV was
barely six years old when ruthlessly
stabbed 14 times before his body was
submerged in the pail. It was error not to
have considered his age as an
aggravating circumstance (People vs.
Lapan, GR No. 88300, July 6, 1992).
Sex refers to the female sex, not to the
male sex (Ibid, p. 361). Disregard of sex
is NOT aggravating in the absence of
evidence that the accused deliberately
intended to offend or insult the sex of
the victim or showed manifest
disrespect to her womanhood (People
vs. Puno, GR No. L33211, June 29,
1981).
Disregard of rank, age or sex is
essentially applicable only to crimes
against person or honor and has
common denominator. Thus, it is not
proper to consider this aggravating
circumstance in crimes against property.
Robbery with homicide is primarily a
crime against property and not against
persons. Homicide is a mere incident of
robbery, the latter being the main
purpose and object of the criminal
(People vs. Pagal, GR No. L32040,
October 25, 1977).
Dwelling includes dependencies,
staircase, and enclosures under the
house. It is not necessary that the house
it owned by the offended. It may include
a room in a boarding house, for home is
that which the law seeks to protect or
uphold whether the dweller is lessee, a
boarder or a bed spacer (Boado, 2012,
p. 171).
A dwelling must be a building or
structure, exclusively used for rest and
comfort. Where the crime was
committed in a store, which is about 15
meters away from the complainants
house, dwelling cannot be considered.
The store cannot be considered a
dwelling or even a dependency of
complainants home (People vs. Joya,
GR No. 79090, October 1, 1993). A
combination of store and dwelling is not
a dwelling as used in the law.
The dwelling contemplated in
Art. 14(3) of the Revised Penal Code do
NOT necessarily mean that the victim
owns the place where he lives or dwells.
Be he a lessee a boarder, or a
bedspacer, the place is his home - the
sanctity of which the law seeks to
protect (People vs. Dela Torre, GR No.
98431, January 15, 2002).
Elements of Provocation as an
Aggravating Circumstance in
Dwelling
The provocation must be:
a. Given by the owner of the
dwelling;
b. Sufficient; and
c. Immediate to the commission of
the crime.
If all these conditions are present, the
offended party is deemed to have given
the provocation, and the fact that the
crime is committed in the dwelling of the
offended party is NOT an aggravating
circumstance.
Dwelling is NOT aggravating in the
following cases:
a. When both the offender and the
offended party are occupants of the
same house, EVEN IF offender is a
servant in the house (People vs.
Caliso, GR No. 37271, July 1,
1933).
Exception: In case of adultery in the
conjugal dwelling, the same is
aggravating However, if the
paramour also dwells in the conjugal
dwelling, the applicable aggravating
circumstance is abuse of confidence
(US vs. Ibaez, GR No. 10672,
October 26, 1915).
b. When robbery is committed by the
use of force upon things, dwelling is
NOT aggravating because it is
inherent (US vs. Cas, GR No. 5071,
August 18, 1909).
But dwelling is aggravating in
Robbery with Violence Against or
Intimidation of Persons because this
class of robbery can committed without
the necessity of trespassing or violating
the sanctity of the offended partys
house (People vs. Oranza, GR No.
127748, July 25, 2002).
c. In the crime of trespass to dwelling, it
is inherent or included by law in
defining the crime.
d. When the owner of the dwelling gave
sufficient and immediate
provocation. There must exist a
close relation between the
provocation made by the victim and
the commission of the crime by the
accused.
e. The victim is NOT a dweller of the
house.
Abuse of confidence or Obvious
ungratefulness Article 14, par.4
Requisites:
a. Offended party has trusted the
offender;
b. Offender abused that trust by
committing a crime against the
offended party; and
c. Abuse of confidence facilitated the
commission of the crime.
This circumstance exists only when the
offended party has trusted the offender
who later abuses such trust by
committing the crime. The abuse of
confidence must be a means of
facilitating the commission of the crime,
the culprit taking advantage of the
offended partys belief that the former
would not abuse said confidence
(Reyes, Book One, 2012, p. 371).
Abuse of confidence is inherent in some
felonies such as malversation (Article.
217, RPC), qualified theft (Article 310, authorities who are authorities are
RPC), estafa by conversion or in the performance performing their
misappropriation (Article 315, RPC) and of their duties must duties outside of
qualified seduction. (Article 337, RPC) be in their office their office
Public authority may The public
Ungratefulness must be obvious i.e. be the offended authority should
manifest and clear. Thus, this party NOT be the
aggravating circumstance was present offended party
in the case of the accused who killed his
father-in-law in whose house he lived Nighttime, Uninhabited Place and
and who partially supported him Band Article 14, par.6
(People vs. Floresca, GR Nos. L When Aggravating:
861415, May 31, 1956). a. When it facilitated the commission of
the crime; or
Crime is Committed in the Palace of b. When especially sought for by the
the Chief Executive, or in his offender to insure the commission of
presence, or where public authorities the crime or for the purpose of
are engaged in the discharged of impunity; or
their duties, or in a place dedicated to c. When the offender took advantage
religious worship Article 14, par.5 thereof for the purpose of impunity.

Is performance of public function Nighttime / Nocturnity (Obscuridad)

necessary in the appreciation of the is the period of darkness beginning at
aggravating circumstances in the end of dusk and ending at dawn.
paragraph 5 of Article 14? Only in Nights are from sunset to sunrise
the third circumstance where public (Article 13, Civil Code).
authorities are engaged in the discharge Note: Nocturnity or nighttime, by and of
of their duties is performance of itself, is not an aggravating
function necessary. The other three circumstance. It becomes so only when
circumstances require merely that the it is especially sought by the offender, or
crime be committed in the places taken advantage by him to facilitate the
specified Palace of the Chief commission of the crime or to ensure his
Executive, or in his presence, or in a immunity from capture. If there was no
place dedicated to religious worship. It is proof that nighttime was deliberately
necessary though that the offender must sought by the accused in committing the
have sought the above places for the crime, said circumstance should be
commission of the crime which shows disallowed (People vs. Pasiliao, GR
his lack of respect for the places No. 9815253).
enumerated (Boado, 2012, p. 174).
What are the two tests for the
Place where public Contempt or appreciation of nocturnity?
authorities are insult to public The objective test that
engaged in the authorities (par. nocturnity facilitated the commission of
discharge of their 2) the crime and the subjective test that
duties (par. 5) it was purposely sought by appellants in
The public The public order to afford impunity.
 It is error to accept nocturnity as
aggravating for during the incident the
moon was shining brightly. The light was
bright enough to see what was going on
and to recognize the assailants. It,
therefore does not qualify as an
aggravating circumstance under either
the subjective or objective tests (People
vs. Bigcas, GR No. 94534, July 2,
1992).
Nighttime is aggravating if the offender
selected the hour of the night when
neighbors and occupants of the house
were sleeping to gain entry into the
victims residence when the victim was
killed despite the fact that it was brightly
lit (People vs. Demate, GR No.
132310, January 20, 2004).
Uninhabited Place (Despoblado) it is
one where there are no houses at all, a
place at a considerable distance from
town, or where the houses are scattered
at a great distance from each other. It is
NOT determined by the distance of the
nearest house to the scene of the crime
but by the evidence that the place was
advantageous for the commission of the
crime because it afforded the victim little
or no opportunity to receive help
(Reyes, Book One, 2012, pp. 383
384).
Band (En Cuadrilla) Whenever more
than three armed malefactors shall have
acted together in the commission of an
offense
If one of them was a principal by
inducement there would be NO band or
cuadrilla, but the aggravating
circumstance of having acted with the
aid of armed men may be considered
against the inducer if the other two
acted as his accomplice.
This aggravating circumstance is
absorbed in the circumstance of abuse
of superior strength and use of firearms
(except when the firearm has no license
or there is a lack of license to carry the
firearm) if they are present in the
commission of the crime (People vs.
Escabarte, GR No. 42964, March 14,
1988).
On the Occasion of Calamity or
Misfortune Article 14, par.7
To what does other calamity or
misfortune refer? It refers to events
similar in nature as conflagration,
shipwreck, earthquake or epidemic. It
cannot refer to acts of men because
they are different from the events
enumerate. Under the principle of
ejusdem generis, where general terms
such the this one, follow the
enumeration of particular things, the
general term will include only those
classes o things or persons of the same
class or nature as those mentioned in
the preceding enumeration (Boado,
2012, pp. 177178).
Distinguish paragraph 7 from
paragraph 12 of Article 14
Paragraph 12 refers to the means
in the commission of the crime;
paragraph 7 refers to the occasion or
during any of the calamities mentioned
in the crime committed (Ibid, p. 178).
Aid of armed men or persons who
insure or afford impunity Article 14,
par.8
Requisites:
a. That armed men or persons took
part in the commission of the crime,
directly or indirectly; and
b. That the accused availed himself of b. That he was previously convicted by
their aid or relied upon them when final judgment of another crime;
the crime was committed. c. That both first and second offenses
are embraced in the same title of the
Aid of armed men cannot be RPC; and
appreciated when there is conspiracy, d. That the offender is convicted of the
accused acting under the same plan new offense.
and for the same purpose. Hence, they In recidivism, it is sufficient that the
are all principals in the commission of succeeding offense be committed after
the crime (People vs. Amion, GR No. the commission of the preceding offense
140511, March 1, 2001). provided that at the time of his trial for
the second offense, the accused had
By a Band (Par. With the Aid of already been convicted of the first
6) Armed Men (Par. offense.
8)
As to their number Even if the accused was granted a
Requires more At least two pardon for the first offense, but he
than three armed commits another felony embraced in the
malefactors (i.e. at same title of the RPC, the first
least four) conviction is still counted to make him a
As to their action recidivist since pardon does NOT
Requires that This circumstance obliterate the fact of his prior conviction
more than three is present even if (US vs. Sotelo, GR No. 9791, October
(3) armed one of the 3, 1914; People vs. Lacao, Sr., GR No.
malefactors shall offenders merely 95320, September 4, 1991).
have acted relied on their aid,
together in the for actual aid is The rule is different in case of amnesty
commission of an NOT necessary which theoretically considers the
offense previous transgression as NOT
As to their liability punishable.
Band members Armed men are
are liable as liable as Recidivism must be taken into account
principals accomplices no matter how many years have
intervened between the first and second
Recidivism Article 14, par.9 felonies (People vs. Jaranilla, GR No.
L28547, February 22, 1974).
A recidivist is one who, at the time of his
trial for one crime, shall have been If both offenses were committed on the
previously convicted by final judgment of same date, they shall be considered as
another crime embraced in the same only one, hence, they cannot be
title of this Code (People vs. Lagarto, separately counted in order to constitute
GR No. 65833, May 6, 1991). recidivism. Also, judgments of conviction
handed on the same day shall be
Requisites: considered as only one conviction
a. That the offender is on trial for an (Galang vs. People, GR No. L45698,
offense; December 18, 1937).
 Reiteracion or Habituality Article 14,
Four forms of Repetition par.10
Recidivism (par. 9, When a person, Requisites:
Article 14) on separate a. That the accused is on trial for an
Generic occasions, Is offense;
Aggravating convicted of two b. That he previously served sentence
Circumstance offenses for another offense to which the law
embraced in the attaches an equal or greater penalty
same title in the or for two or more offenses to which
RPC the law attaches a lighter penalty
Reitaracion or Where the than that for the new offense; and
Habituality (par. offender has been c. That he is convicted of the new
10, Article 14) previously offense.
Generic punished for an
Aggravating offense to which Note: An offender can be a recidivist
Circumstance the law attaches and a habitual delinquent at the same
an equal or time if he were convicted for the third
greater penalty or time of the crimes of estafa, robbery and
for two crimes to theft which are all within Title 10 or for
which it attaches serious and less serious physical
a lighter penalty injuries which are within Title 8 (Boado,
Multirecidivism When a person 2012, p. 182).
or Habitual within a period of
delinquency (par. ten (10) years In consideration of Price, Reward or
5, Article 62) from the date of Promise Article 14, par.11
Extraordinary his release or last
Aggravating conviction of the Who are affected by the
Circumstance crimes of serious circumstance of price, promise, or
or less serious reward? They affect principal by
physical injuries, direct participation who committed the
robbery, theft, crime for consideration. The other co
estafa or conspirators if there be any who did not
falsification, is benefit from the price, promise, or
found guilty of the reward will not have his penalty
said crimes a third aggravated because this circumstance
time or oftener is personal to the receiver. The reward
Quasirecidivism When a person is the primary consideration in the
(Article 160) commits felony commission of the crime for this
Special Aggravating before beginning circumstance to be aggravating (Ibid,
Circumstance to serve or while 183).
serving sentence
on a previous There are two (2) offenders in the
conviction for a circumstance the offeror and the
felony offeree. The former is a principal by
inducement and the latter is a principal
by direct participation; the one who
gives or offers the price or promise and
the one who accepts it, both of whom
are principals (Reyes, Book One, 2012,
p. 399).
By means of Inundation, Fire, Poison,
Explosion. Stranding of a Vessel or
Intentional Damage thereto.
Derailment of a Locomotive, or by the
use of any other artifice involving
Great Waste and Ruin Article 14,
par.12
These circumstances by
themselves constitute a crime, hence,
Article 62 (a) shall apply. Thus,
aggravating circumstances which in
themselves constitute a crime specially
punished by law or which are included
by the law in defining a crime and
prescribing the penalty therefor shall not
be taken into account for the purpose of
increasing the penalty. If one of these
circumstances was a means to kill, the
crime is murder, not homicide, hence,
the penalty will be for murder. The
circumstance will no longer be
considered aggravating (Boado, 2012,
p. 183).
Evident Premeditation Article 14,
par.13
Requisites:
a. The time when the offender is
determined to commit the crime;
b. An act manifestly indicating that the
culprit has clung to his
determination; and
c. A sufficient lapse of time between
the determination and execution, to
allow him to reflect upon the
consequences of his act and to allow
his conscience to overcome the
resolution of his will (People vs.
Lagarto, GR No. 65833, May 6,
1991)..
General Rule: Where conspiracy is
directly established, WITH proof of the
attendant deliberation and means of
executing the crime, the existence of
evident premeditation can be taken for
granted (People vs. Sapigao, et al.,
GR No. 144975, June 18, 2003).
Exception: When conspiracy is only
implied. Evident premeditation may NOT
be appreciated, in the absence of proof
as to how and when the plan to kill the
victim was hatched or what time had
elapsed before it was carried out
(People vs. Padlan, GR No. 111263,
May 21, 1998).
The essence of premeditation is that the
execution of the criminal act must be
preceded by cool thought and reflection
upon the resolution to carry out the
criminal intent during the space of time
sufficient to arrive at a calm judgment
(People vs. Abadies, GR No. 135975,
August 14, 2002).
Premeditation is absorbed by reward or
promise but only insofar as the inducer
is concerned since he obviously
reflected thereon in planning the crime
but not the person induced since one
can be a principal by direct participation
without the benefit of due reflection (US
vs. Manalinde, GR No. 5292, August
28, 1909).
Craft, Fraud or Disguise Article 14,
par.14
Craft any act which would NOT
arouse the suspicion of the victim in
order to facilitate the commission of the
crime. It involves intellectual trickery and
cunning of accused. It is not attendant
where the accused was practically in a
stupor when the crime was committed
(People vs. Juliano, GR No. L33053,
January 28, 1980). Example: The
offender assumed position of authority
to gain entry in a house; or feigning
friendship to lure a victim to an
uninhabited place (Boado, 2012, p.
186).
to insure the commission of the crime
against persons without risk to offender,
they are absorbed by treachery (Boado,
2012, p. 186).
Abuse of Superior Strength or Means
taken to Weaken the Defense Article
14, par.15

Craft may be absorbed in treachery if it ADVANTAGE BE MEANS BE

is deliberately adopted as the means, TAKEN OF EMPLOYED TO
method or form for the treacherous SUPERIOR WEAKEN THE
strategy. It may co-exist independently STRENGTH DEFENSE
from treachery only when both To deliberately use The offender
circumstances are adopted for different excessive force that employs means
purpose in the commission of the crime is out of proportion that materially
(People vs. Labeo, GR No. 133438, to the means for weakens the
January 6, 2002). selfdefense resisting power of
available to the the offended party
Fraud a direct inducement by person attacked
insidious words or machinations used to (People vs.
induce the victim to act in a manner Lobrigas, et al, GR
which would enable the offender to carry No. 147649,
out his design (Reyes, Book One, December 17,
2012, p. 421). 2002)

Disguise is the resort to any device to In abuse of superior strength, what

conceal identity. If in spite of the
disguise, the offender was recognized,
such cannot be aggravating (Boado,
2012, p. 186). The test of disguise is
whether the device or contrivance
resorted to by the offender was intended
to or did make identification more
difficult, such as the use of a mask or
false hair or beard. Disguise
contemplates a superficial but
somewhat effective dissembling to avoid
identification (People vs. Reyes, GR
No. 118649, March 9, 1998).
Note: These circumstances are not
aggravating if they did not facilitate the
commission of the crime or not taken
advantage of by the offender in the
course of the assault. If they were used
should be considered is not that there
were three, four or more assailants as
against one victim, but whether the
aggressors took advantage of their
combined strength in order to
consummate the offense (People vs.
Cabangcala, GR No. 135065, August
8, 2001)
Where there are several offenders
participating in the crime, they must all
be principals by direct participation and
their attack against the victim must be
concerted and intended to be so
(Lumiguis vs. People, GR No. L
20338, April 27, 1967).
There is no advantage of superior
strength if: (1) One who attacks another
with passion and obfuscation does NOT aggressors or the
take advantage of his superior strength; fact that they are
or (2) when a quarrel arose armed, but their
unexpectedly and the fatal blow was relative physical
struck at a time when the aggressor and strength vis--vis
his victim were engaged against each the offended party.
other as man to man (Reyes, Book
One, 2012, p. 424). Treachery (Alevosia)Article 14, par.16
Requisites:
Examples of means employed to a. That at time of the attack, the victim
weaken the defense: was not in a position to defend
1. Where one, struggling with another, himself; and
suddenly throws a cloak over the b. That the offender consciously
head of his opponent and while in adopted the particular means,
this situation he wounds or kill him method or form of attack employed
(US vs. Devela, GR No. 1542, April by him
9, 1904).
2. One who, while fighting with another, There is Treachery when the offender
suddenly casts sand or dirt upon the commits any of the crimes against the
latter eyes and then wounds or kills person, employing means, methods, or
him (People vs. Siaotong, GR No. forms in the execution thereof which
L9242, March 29, 1957). tend directly and specially to insure its
execution, WITHOUT risk to himself
Mere superiority in number is NOT arising from the defense which the
enough to constitute superior strength offended party might make (People vs.
(People vs. Sia, et al, GR No. 137457, Lacao, Sr., GR No. 95320, September
November 21, 2001). 4, 1991). This means that the offended
part was not given opportunity to make
BY A BAND ABUSE OF a defense (People vs. Tiozon, GR No.
SUPERIOR 89823, June 19, 1991).
STRENGTH
The element of The gravamen of Rules Regarding Treachery:
band is abuse of 1. Applicable only to crimes against
appreciated when superiority is the persons.
the offense is taking advantage 2. Means, methods of forms need NOT
committed by more by the culprits of insure accomplishment of crime.
than three armed their collective 3. The mode of attack must be
malefactors strength to consciously adopted.
regardless of the overpower their
comparative relatively weaker When Must Treachery Be Present:
strength of the victim or victims. 1. When the aggression is continuous,
victim or victims. treachery must be present in the
Hence, what is beginning of the assault (People vs.
taken into account Caete; People vs. Manalad, GR
here is NOT the No. 128593, August 14, 2002).
number of
2. When the assault was NOT unable to prepare for his defense,
continuous, in that there was treachery should be taken into account
interruption, it is sufficient that (People vs. Dela Cruz, GR No.
treachery was present at the 139970, June 6, 2002).
moment the fatal blow was given
(US vs. Baluyot). That another person, and not the victim,
was the intended victim is not
Hence, even though in the inception of incompatible with the existence of
the aggression which resulted to the treachery. Treachery may be taken into
death of the deceased, treachery was account even if the victim of the attack
not present. If there was a break in the was not the person whom the accused
continuity of the aggression and at the intended to kill (People vs. Trinidad,
time of the fatal wound was inflicted on GR No. L38930, June 28, 1988).
the deceased he was defenseless, the
circumstance of treachery must be Treachery absorbs: Craft, Abuse of
taken into account. Superior Strength, Nighttime, Aid or
Armed Men, Cuadrilla (Band), and
From whom should retaliation in Employing means to weaken the
treachery come? The retaliation defense
relevant in the appreciation of treachery
must come from the victim, not from Difference between Treachery, Abuse of
anyone else. That the site of the crime Strength and Means Employed to
was heavily populated where others Weaken the Defense
could thus intervene is not significant at
all (People vs. Costelo, GR No. TREACHER ABUSE MEANS
134311, October 13, 1999). Y OF EMPLOYE
SUPERIO D TO
In treachery, the mode of attack must be R WEAKEN
consciously adopted. This means that STRENGT THE
the accused must make some H DEFENSE
preparation to kill the deceased in such Means The The
a manner as to insure the execution of methods or offender offender
the crime or to make it impossible or forms of does NOT employs
hand for the person attacked to defend attack are employ means
himself or to retaliate. The mode of employed by means, which only
attack, therefore, must be planned by the offender methods or materially
the offender, and must NOT spring from to make it forms of weakens
the unexpected turn of events (People impossible attack; he the
vs. Guzman, GR No. 132750, or hard for only takes resisting
December 14, 2001), the offended advantage power of
party to put of his the
Although the victim and his assailant up any sort superior offended
were face to face at the time the of strength. party.
stabbing was made, where it appears resistance.
that the attack was NOT preceded by a
dispute and the offended party was Ignominy Article 14, par.17
Ignominy is a circumstance pertaining Unlawful entry is not aggravating in
to the moral order, which adds disgrace trespass to dwelling (Reyes, Book One,
and obloquy to the material injury 2012, p. 475).
caused by the crime (People vs.
Acaya, GR No. L72998, July 29, When the accused gained access to the
1988). dwelling by climbing through the window
and once inside, murdered certain
It is applicable to crimes against person in the dwelling, there were two
chastity, less serious physical injuries, aggravating circumstances which
light or grave coercion and murder attended the commission of the crimes
(Reyes, Book One, 2012, p. 470). dwelling and unlawful entry. Thus, these
two are taken separately (People vs.
Meaning of which add ignominy to Bandoy, GR No. 79089, May 18, 1993).
the natural effects thereof
The means employed or the Breaking of wall, roof, floor, door, or
circumstances brought about must tend window Article 14, par.19
to make the effects of the crime more
humiliating to victim or to put the When an entrance is through a way not
offended party to shame, or add to his intended for that purpose; the opening
moral suffering (People vs. Carmina, must be used to enter, not to escape. It
GR No. 81404, January 28, 1991). qualifies the crime of theft to robbery. It
Injured party must not be dead when the is inherent in the crimes of trespass to
act causing ignominy was inflicted upon dwelling and in robbery with force upon
him. It is required that the offense be things. But taken as an aggravating
committed in a manner that tends to circumstance in robbery with violence or
make its effects more humiliating to the intimidation against person (Boado,
victim, that is, add to his moral suffering 2012, p. 195).
(Ibid).
UNLAWFUL BREAKING OF
Unlawful Entry Article 14, par.18 ENTRY WALL, ROOF,
Unlawful Entry When an entrance is FLOOR, DOOR,
effected by a way NOT intended for the OR WINDOW
purpose (Reyes, Book One, 2012, p. Presupposes that It involves the
474). there is no such breaking
breaking as by (rompimiento) of
Is there unlawful entry if the door is entry through the the enumerated
broken and thereafter made an entry window parts of the hiuse
thru the broken door? No, it will be
covered by paragraph 19 (Ibid). Aid of Persons under 15 years old;
Use of Motor Vehicles and Other
Unlawful entry must be a means to Similar Means Article 14, par.20
effect entrance, and not for escape
(People v. Sunga, G.R. No. Use of motor vehicle is aggravating
126029. March 27, 2003). where the accused purposely and
deliberately used the motor vehicle in:
a. In going to the place of the crime
b. In carrying the effects thereof; or
c. In facilitating the escape (People vs.
Espejo, GR No. L27708,
December 19, 1970).
Or other similar means
The expression should be
understood as referring to motorized
vehicles or other efficient means of
transportation similar to automobile
or airplane.
Thus, if the culprit, before
committing and after committing the
crime, rode in a bicycle and escaped,
there is no aggravating circumstance.
But it is aggravating if he used
motorcycle (Reyes, Book One, 2012, p.
481).
Cruelty Article 14, par.21
Requisites:
a. That the injury caused be
deliberately increased by causing
other wrong; and
b. That the other wrong be
unnecessary for the execution of the
purpose of the offender.
Cruelty there is cruelty when the
offender enjoys and delights in making
his victim suffer slowly and gradually,
causing his unnecessary and prolonged
physical pain in the consummation of
the criminal act (People vs. Sitchon,
GR No. 134362, February 27, 2002).
Number of wounds alone does not show
cruelty, it being necessary to show that
the accused deliberately and inhumanly
increased the sufferings of the victims
(People vs. Aguinaldo, GR No. 33843,
February 11, 1931).
If the victim was already dead when the
acts of mutilation were being performed,
this would also qualify the killing to
murder due to outraging of his corpse.
But since the victim is already dead,
cruelty cannot be appreciated in this
case (People vs. Balisteros, GR No.
110289, October 7, 1994).
Article 15. Their concept.
Alternative circumstances are those
which must be taken into
consideration as aggravating or
mitigating according to the nature
and effects of the crime and the other
conditions attending its commission.
They are the relationship,
intoxication and the degree of
instruction and education of the
offender.
The alternative circumstance of
relationship shall be taken into
consideration when the offended
party in the spouse, ascendant,
descendant, legitimate, natural, or
adopted brother or sister, or relative
by affinity in the same degrees of the
offender.
The intoxication of the offender shall
be taken into consideration as a
mitigating circumstances when the
offender has committed a felony in a
state of intoxication, if the same is
not habitual or subsequent to the
plan to commit said felony but when
the intoxication is habitual or
intentional, it shall be considered as
an aggravating circumstance.
Alternative Circumstances are those
which must be considered as
aggravating or mitigating according to
the nature and effects of the crime and
other condition attending its
commission.
a. Relationship shall be taken
into consideration when the
offended party in the spouse, a) Serious physical
ascendant, descendant, injuries
legitimate, natural, or adopted Aggravating even if
brother or sister, or relative by the offended party
affinity in the same degrees of Is a descendant of
the offender. the offender. If the
offense of serious
The relationship of physical injuries is
stepfather or stepmother and committed by the
stepson or stepdaughter is offender against his
included herein (People vs. child, whether
Bersabal, GR No. 24532, legitimate or
December 11, 1925). It also illegitimate, or any
includes the relationship of of his legitimate
adopted parent and adopted other descendants,
child, but not the relationship relationship is
between uncle and niece (People aggravating. But the
vs. Lamberte, GR No. L65153, serious physical
July 11, 1986). injuries must not be
inflicted by a parent
Application: upon his child by
i. Crimes against Property excessive
a) Mitigating in the chastisement.
following: b) Less serious
1. Robbery physical injuries
2. Usurpation Mitigating if the
3. Fraudulent offended party is a
insolvency relative of a lower
4. Arson degree; and
b) Exempting in the Aggravating if the
following offended party is a
1. Malicious relative of a higher
mischief degree of the
2. Theft offender
3. Swindling or c) Homicide or murder
estafa Relationship is
ii. Crimes against Persons aggravating
It is aggravating in cases regardless of
where the offended party is a degree
relative of a higher degree than d) Rape
the offender, or when the Aggravating where
offender and the offended party a stepfather raped
are relative of the same level his stepdaughter or
9People vs. Alisub, GR No. in a case where a
46588, January 20, 1940). father raped his
own daughter.
 iii. Crimes against chastity to commit the crime (People vs.
Acts of lasciviousness Pinca, GR No. 129256,
relationship is always aggravating, November 17, 1999).
regardless of whether the offender is
a relative of a higher or lower degree c. Degree of Instruction and
of the offended party. Education
When the qualification As an alternative
given to the crime is derived from the circumstance, this does not refer
relationship between the offender only to literacy but more to the
and the offended party, it is neither level of intelligence of the
mitigating nor aggravating, because accused. It refers to the lack of
it is inseparable from and inherent in sufficient intelligence and
the offenses, e.g. parricide, adultery knowledge of the full significance
and concubinage of ones acts (People vs.
Nabong, GR No. 172324, April
b. Intoxication; 3, 2007).
Habitual Drunkard is one
given to intoxication by excessive General Rule: Lack of sufficient
use of intoxicating drinks. The education is mitigating
habit should be actual and Exceptions:
confirmed. It is unnecessary that a. Crimes against
it be a matter of occurrence property, e.g. arson,
(People vs. Camano, GR No. L estafa, theft, robbery
3666263, July 30, 1982). (US vs. Pascual, GR
No. 3777, January 6,
Mitigating (1) if intoxication is 1908)
not habitual, or (2) if intoxication b. Crimes against chastity
is not subsequent to the plan to c. Treason
commit a felony. d. Murder
e. Rape (Molesa vs.
Aggravating (1) if intoxication is Director of Prisons,
habitual, or (2) if it is intentional GR No. 39998,
(subsequent to the plan to January 24, 1934)
commit a felony).
TITLE TWO. PERSONS CRIMINALLY
A person pleading LIABLE FOR FELONIES/ DEGREE OF
intoxication as a mitigating PARTICIPATION
circumstance must show that: (1)
he has taken a quantity of Article 16. Who are criminally liable?
alcoholic beverage prior to the The following are criminally liable
commission of the crime for grave and less grave felonies:
sufficient to produce the effect of 1. Principal;
obfuscating reason; and (2) he is 2. Accomplices;
not a habitual drinker and did not 3. Accessories
take the alcoholic drink with the
intention to reinforce his resolve
The following are criminally liable for 3. Those who cooperate in the
light felonies: commission of the offense by
1. Principals another act without which it would
2. Accomplices not have been accomplished.

Who are criminally liable? Principals by direct participation

1. For grave and less grave felonies: Article 17, par. 1
principals, accomplices and Requisites:
accessories a. That they participated in the criminal
2. For light felonies: principals and resolution
accomplices; accessories are not b. That they carried out their plan and
liable. Light felonies are punished personally took part in its execution
with arresto menor; accessories by acts which directly tended to the
meted with penalty two degrees same end
lower than the principal, hence, the
logic of the rule They are those who materially
Under Article 9 in relation to Article execute the crime. They must appear at
25 the scene of the crime and perform acts
a. Grave felonies are penalized necessary in the commission of the
with capital punishment or offense to be liable. In conspiracy by
afflictive penalties in any of prior agreement, if the principal by direct
their periods; participation does not appear at the
b. Less grave felonies are meted scene of the crime, he is not liable
with penalties which in their because:
maximum period are a. Nonappearance is
correctional; desistance which is
c. Light felonies carry arresto favored and encouraged;
menor or fine not greater than b. Conspiracy is not a crime
P200. unless the law specially
provides a penalty
Parties in crimes: therefor. By merely
a. Active subject criminal/offender; conspiring, the co
only natural persons because of the conspirator has not yet
highly personal nature of criminal committed the crime
responsibility c. There is no basis for
b. Passive subject injured party; criminal liability because
holder of the injured right; there is no criminall
corporation and partnership can be a participation (Boado,
passive subject of a crime 2012, p. 203).

Article. 17. Principals. The Principals by inducement Article 17,

following are considered principals: par. 2
1. Those who take a direct part in the Requisites:
execution of the act; a. That the inducement was made
2. Those who directly force or induce directly with the intention of
others to commit it;
 procuring the commission of the
crime
b. That such inducement was the
determining cause of the
commission of the crime by the
material executor
The principal by inducement must
intend that his inducement be obeyed.
Mere careless comment of one who
does not possess dominance or moral
ascendancy over the offender will not
make the former a principal by
inducement. The inducers utterances
must be of such nature and made in
such a manner as to become the
determining the cause of the crime.
Where the words uttered did not make
any great dominance or influence on the
offenders or is no longer necessary as
the offenders were already determined
to commit the offending acts, the
utterance will not make the utterer an
inducer (People vs. Parungao, GR No.
125812, January 1996).
How does an inducer induce
another to commit a crime? By
directly inducing another to commit a
crime
One is induced to commit a crime
either (a) by using words of command or
(b) by giving price, or offering reward or
promise, or by any other similar act
which constitutes the real and moving
cause of the crime and which was done
for the purpose of forcing or inducing
such criminal act and which was
sufficient for that purpose (People vs.
Dumancas, GR No. 13352728,
December 13, 1999).
By directly forcing another to commit
a crime
(a) By using irresistible force
compelled by means of force or violence
and (b) by causing uncontrollable fear
by means of intimidation or threat
In these cases, there is no
conspiracy, not even a unity of criminal
purpose and intention. Only the one
using force or causing fear is criminally
liable. The material executor is not
criminally liable because of Article,
paragraph 5 and 6 (Reyes, Book One,
2012, pp. 540541).
The inciting words must have great
dominance and influence over the
person who acts; they ought to be direct
and efficacious or powerful as physical
or moral coercion or violence itself
(People vs. Canial, GR Nos. L31042
43, August 18, 1972).
In order that a person using words of
command may be held liable as
principal under paragraph No. 2 of
Article 17, the following requisites must
all be present:
a. That the one uttering the words of
command must have the
intention of procuring the
commission of the crime;
b. That the one who made the
command must have an
ascendancy or influence over the
person who acted.
c. That the words used must be so
direct, so efficacious, so powerful
as to amount to physical or moral
coercion.
d. That words of command must be
uttered prior to the commission of
the crime;
e. The material executor of the
crime has no personal reason to
commit the crime.
Principal by Offender who
Inducement made Proposal to
 Commit a Felony the acquittal of the principal by
In both inducement (People vs. Po Gok To,
There is an inducement to commit a GR No. L7236, April 30, 1955).
crime
When liable Principals by indispensable
Becomes liable The mere proposal cooperation Article 17, par. 3
only when the to commit a felony Requisites:
crime is committed is punishable in a. Participation in the criminal
by the principal by treason (Article resolution, that is there is either
direct participation 115, RPC), or anterior conspiracy or unity of
coup dtat, criminal purpose and intention
insurrection, immediately before the commission
rebellion (Article of the crime charged; and
136, RPC). b. Cooperation in the commission of
However, the the offense by performing another
person to whom act, without which it would not have
the proposal is been accomplished.
made should NOT
commit the crime; Collective criminal responsibility
otherwise, the This is present when the offenders are
proponent criminally liable in the same manner and
becomes a to the same extent. The penalty to be
principal by imposed must be the same for all.
inducement. Principals by direct participation
What kind of crime involved have collective criminal responsibility.
Involves any crime the proposal must Principals by induction, except those
involve treason, who directly forced another to commit a
rebellion, crime, and principals by direct
insurrection or participation have collective criminal
coup dtat only responsibility. Principals by
indispensable cooperation have
Effects of acquittal of principal by direct collective criminal responsibilities with
participation upon liability of principal by the principals by direct participation
inducement: (Reyes, Book One, 2012, p. 555).
a. Conspiracy is negated by the
acquittal of co-defendant. Individual criminal responsibility In
b. One cannot be held guilty of having the absence of any previous conspiracy,
instigated the commission of a crime unity of the criminal purpose and
without first being shown that the intention immediately before the
crime has been actually committed commission of the crime, or community
by another. of criminal design, the criminal
responsibility arising from different acts
But if the one changed as principal by directed against one and the same
direct participation is acquitted because person is individual and NOT collective,
he acted without criminal intent or and each of the participants is liable
malice, his acquittal is NOT a ground for only for the act committed by him (Ibid).
 Absent knowledge of the criminal
Article 18. Accomplices purpose of the principal, giving aid or
Accomplices are those persons who, encouragement, either morally or
not being included in Article 17, materially, in the commission of the
cooperate in the execution of the crime, mere presence at the scene does
offense by previous or simultaneous not make one an accomplice (People
acts. vs. Toling, GR No. L28548, July 13,
Requisites: 1979).
a. That there be community of design,
that is, knowing the criminal design CONSPIRATOR ACCOMPLICE
of the principal by direct Come to know the Come to know it
participation, he concurs with the criminal intention after the principals
latter in his purpose because they reached the
themselves have decision, and only
Note: Before there could be an decided on the then do they agree
accomplice, there must be a course of action to cooperate in its
principal by direct participation. But execution.
the principal originates the criminal Authors of the They are merely
design. The accomplice merely crime instruments who
concurs with the principal in his perform acts not
criminal purpose (Ibid, p. 560). essential to the
perpetration of the
b. That he cooperates in the execution offense
by previous or simultaneous acts
with the intention of supplying ACCOMPLICE PRINCIPAL BY
material or moral aid in the DIRECT
commission of the crime in an PARTICIPATION
efficacious way There is community of criminal design
c. That there must be a relation Cooperation is Cooperation must
between the acts done by the dispensable be indispensable
principal and those attributed to the There is no There must be
person charged as accomplice conspiracy conspiracy
On can be an accomplice even if he did Cooperates in the Participation in the
not know of the actual specific crime execution of the criminal resolution,
intended to be committed by the offense by that, there is either
principal, provided he was aware that previous or anterior conspiracy
the objective of the acts he was tasked simultaneous acts, or unity of criminal
to do was illicit. Also, it is sufficient if with the intention purpose and
there was a common purpose to commit of supplying intention
a particular crime and that the crime material or moral immediately before
actually committed was a natural or aid in the of the commission
probable consequence of the intended execution of the of the crime
(People vs. Largo, et al., GR No. L crime in an charged
4912, August 28, 1956). efficacious way
There is no clear-cut distinction between
the acts of the accomplice and those of
the principal by direct participation
Note: The pumpboat owner who helped
offenders by pretending that his
pumpboat needed towing by the passing
boat of the victim was merely an
accomplice. Here, the offenders
transferred to the boat of the victims and
the latter robbed and killed them. The
offenders could have asked for the help
of other pumpboat owners, hence the
accuseds cooperation was not
indispensable (People vs. Sotto, GR
No. 10608384, March 29, 1996).
Article 19. Accessories Accessories
are those who, having knowledge of
the commission of the crime, and
without having participated therein,
either as principals or accomplices,
take part subsequent to its
commission in any of the following
manners:
1. By profiting themselves or
assisting the offender to profit
by the effects of the crime;
2. By concealing or destroying
the body of the crime, or the
effects or instruments thereof,
in order to prevent its
discovery;
Corpus Delicti The body or
substance of the crime or the
fact that a crime has been
committed, but does NOT include
the identity of the person who
committed it (People vs.
Quimzon, GR No. 133541, April
14, 2004).
3. By harboring, concealing, or
assisting, in the escape of the
principals of the crime,
provided the accessory acts
with abuse of his public
functions or whenever the
author of the crime is guilty of
treason, parricide, murder, or
an attempt to take the life of
the Chief Executive, or is
known to be habitually guilty of
some other crime.
Two classes of accessories are
contemplated in paragraph 3 of
Article 19
1. Public officers who harbor,
conceal, or assist in the escape
of the principal of any crime (not
light felony) with abuse of his
pubic functions
Requisites:
a. The accessory is a public
officer
b. He harbors, conceals, or
assists in the escape of
the principal
c. The public officer acts with
abuse of his public
functions
d. The crime committed by
the principal is any crime,
provided it is not a light
felony
2. Private persons who harbor,
conceal or assist in the escape of
the author of the crime guilty of
treason, parricide, murder or an
attempt against the life of the
President, or who is known to be
habitually guilty of some other
crime
Requisites:
a. That the accessory is a
private person
b. That he harbors, conceals
or assists in the escape of
the author of the crime
 c. That the crime committed
by the principal is either:
(a) treason, (b) parricide,
(c) murder, (d) an attempt
against the life of the
President, or (e) that the
principal is known to be
habitually guilty of some
other crime.
or is known to be habitually
guilty of some other crime
Thus, if a person was previously
punished three times for less
serious physical injuries and now
commits estafa, the one who
helps in his escape is liable as an
accessory although the
accessory is a private individual
But the accessory must
have knowledge of the principal
being habitually guilty of some
other crime, because the law
says saw.
ACCOMPLICE ACCESSORY
Participates before Takes part
or during the subsequent to the
commission of the commission of the
offense offense
Knows the criminal Knows the
design of the commission of the
principal offense
Provides material Acts in the three
or moral aid in an specific ways in
efficacious way but Article 19
not in a manner
indispensable to
the offense
No exemption from May be exempted
liability liability per Articles
19 and 20 and for
light felonies
under Article
One degree lower Two degrees
than the principals lower than the
principals
As to when they participate, the
accomplices are thus also known in
other jurisdictions as accessories before
the fact while accessories are
denominated accessories after the fact
(Boado, 2012, p. 214).
Note: The offender to be assisted must
be a principal; assisting an accomplice
is not included. Those who assist the
principal to escape may be prosecuted
under PD 1829 on obstruction of justice
not as accessory but as a principal,
provided that separate information shall
be prepared from the crime of
obstruction. When he is convicted, the
penalty to be imposed is higher penalty
under PD 1829 or any other law,
including the RPC (Section 1, last
paragraph).
Under the Anti-Fencing Law (PD 1612),
one who knowingly profits or assist the
principal to profit from the effects of
robbery or theft is NOT only an
accessory but also principal for fencing.
Fence is a person who commits the act
of fencing. A fence who receives stolen
property as aboveprovided is not an
accessory but a principal a principal in
the crime defined by the law (Section 5,
PD 1612).
Presidential Decree No. 1829
PENALIZING OBSTRUCTION OF
APPREHENSION AND
PROSECUTION OF CRIMINAL
OFFENDERS (or commonly known as
OBSTRUCTION OF JUSTICE)
Punishable Acts
(a) Preventing witnesses from
testifying in any criminal
proceeding or from reporting the
commission of any offense or the
identity of any offender/s by
means of bribery,
misrepresentation, deceit,
intimidation, force or threats;
(b) Altering, destroying,
suppressing or concealing any
paper, record, document, or
object, with intent to impair its
verity, authenticity, legibility,
availability, or admissibility as
evidence in any investigation of
or official proceedings in, criminal
cases, or to be used in the
investigation of, or official
proceedings in, criminal cases;
(c) Harboring or concealing, or
facilitating the escape of, any
person he knows, or has
reasonable ground to believe or
suspect, has committed any
offense under existing penal laws
in order to prevent his arrest
prosecution and conviction;
(d) Publicly using a fictitious
name for the purpose of
concealing a crime, evading
prosecution or the execution of a
judgment, or concealing his true
name and other personal
circumstances for the same
purpose or purposes;
(e) Delaying the prosecution of
criminal cases by obstructing the
service of process or court orders
or disturbing proceedings in the
fiscal's offices, in Tanodbayan, or
in the courts;
(f) Making, presenting or using
any record, document, paper or
object with knowledge of its
falsity and with intent to affect the
course or outcome of the
investigation of, or official
proceedings in, criminal cases;
(g) Soliciting, accepting, or
agreeing to accept any benefit in
consideration of abstaining from,
discounting, or impeding the
prosecution of a criminal
offender;
(h) Threatening directly or
indirectly another with the
infliction of any wrong upon his
person, honor or property or that
of any immediate member or
members of his family in order to
prevent such person from
appearing in the investigation of,
or official proceedings in, criminal
cases, or imposing a condition,
whether lawful or unlawful, in
order to prevent a person from
appearing in the investigation of
or in official proceedings in,
criminal cases;
(i) Giving of false or fabricated
information to mislead or prevent
the law enforcement agencies
from apprehending the offender
or from protecting the life or
 property of the victim; or
fabricating information from the
data gathered in confidence by
investigating authorities for
purposes of background
information and not for
publication and publishing or
disseminating the same to
mislead the investigator or to the
court (Section 1, PD 1829).
Note: The fact that the offender is not
criminally liable as accessory under
Article 20 of the Revised Penal Code
does NOT absolve him from liability for
his acts punishable under PD 1829.
Under Article 20 of the RPC, it is
provided that penalties prescribed for
accessories shall NOT be imposed upon
those who are such with respect to their
SPOUSES, ASCENDANTS,
DESCENDANTS, LEGITIMATE,
NATURAL, AND ADOPTED
BROTHERS AND SISTERS, OR
RELATIVES BY AFFINITY WITHIN THE
SAME DEGREES, with the single
exception of accessories profiting
themselves or assisting the offender to
profit by the effects of the crime
Article. 20. Accessories who are
exempt from criminal liability. The
penalties prescribed for accessories
shall not be imposed upon those who
are such with respect to their
spouses, ascendants, descendants,
legitimate, natural, and adopted
brothers and sisters, or relatives by
affinity within the same degrees, with
the single exception of accessories
falling within the provisions of
paragraph 1 of the next preceding
article.
An accessory is exempt from
criminal liability, when the principal
is his:
a. Spouse;
b. Ascendant;
c. Descendant; or
d. Legitimate, natural or adopted
brother, sister or relative by
affinity within the same degree
Accessory is NOT exempt from
criminal liability, even if the principal
is NOT related to him, if such
accessory:
a. Profited by the effects of the
crime;
b. Assisted the offender to profit by
the effects of the crime
For what acts are they exempt from
liability? For those acts enumerated
in Article 19 except for profiting by the
effects of the crime. When the relatives
assist the principal by concealing or
destroying the body of the crime or by
assisting in the escape of the principal,
the law recognizes that they are doing
so because they are motivated by their
natural affection for the offender.
However, when they profit or assist the
offender in profiting by the effects of the
crime, they are doing so because of
greed and not because of filial affection.
Hence, they are not exempted from
criminal liability (Boado, 2012, p. 215).
TITLE THREE. PENALTIES
Article 21. Penalties that may be
imposed. No felony shall be
punishable by any penalty not
prescribed by law prior to its
commission.

Penalties are the punishment
imposed by lawful authority upon a
person who commits a deliberate or
negligent act (Boado, 2012, p. 216).
Different juridical conditions of
penalty:
1. Must be productive of suffering,
without however affecting the
integrity of the human personality;
2. Must be personal no one should be
punished for the crime of another;
3. Must be commensurate with the
offense different crimes must be
punished with different penalties;
4. Must be certain no one may
escape its effects;
5. Must be correctional;
6. Must be equal for all; and
7. Must be legal it is the consequence
of a judgment according to law
Note: This provision can be invoked
only when a person is being tried for an
act or omission for which no penalty has
been prescribed by law (Reyes, Book
One, 2012, p. 604)
Penalties are prescribed by statutes and
are essentially and exclusively
legislative. Judges can only interpret
and apply them and have no authority to
modify them or revise their range as
determined exclusively by the legislature
(People vs. Dela Cruz, GR No.
100386, December 11, 1992).
Only those penalties prescribed by law
prior to its commission may be imposed.
Unless there is a law defining an act or
omission as a crime and prescribing a
penalty therefor, that act or omission
cannot be penalized, not matter how
reprehensible it may be. Nullum crimen,
nulla poena sine lege (Boado, 2012, p.
216)
Threefold Purpose of Penalty
1. Retribution or expiation the penalty
is commensurate WITH the gravity of
the offense.
2. Correction or reformation shown by
the rules which regulate the
execution of the penalties consisting
in deprivation of liberty.
3. Social Defense shown by its
inflexible severity to recidivist and
habitual delinquents.
Article. 22. Retroactive effect of penal
laws. Penal Laws shall have a
retroactive effect insofar as they
favor the persons guilty of a felony,
who is not a habitual criminal, as this
term is defined in Rule 5 of Article 62
of this Code, although at the time of
the publication of such laws a final
sentence has been pronounced and
the convict is serving the same.
Ex post facto law is a penal law
which is given retroactive application to
the prejudice of the accused. Hence,
even if the penal law is made to apply
retroactively, if it is favourable to the
accused the same is not ex post facto,
and, thus, allowed under Article 22
(Boado, 2012, pp. 34). It is further
defined as one which:
1. Makes criminal in act done before
the passage of the law and which
was innocent when done, and
punishes such an act;
2. Aggravates a crime, or makes it
greater that it was, when committed;
3. Changes the punishment and inflicts
a greater punishment than the law
annexed to the crime when
committed;
 4. Alters the legal rules of evidence,
and authorizes conviction upon less
or different testimony that the law
required at the time of the
commission of the offense;
5. Assumes to regulate civil rights and
remedies only, in effect imposes
penalty or deprivation of a right for
something which when done was
lawful; and
6. Deprives a person accused of a
crime some lawful protection to
which he has become entitled, such
as the protection of a former
conviction or acquittal, or a
proclamation of amnesty (Reyes,
Book One, 2012, p.3, citing In re:
Kay Villegas Kami, Inc., 35 SCRA
429).
If retroactive effect of a new law is
justified, it shall apply to the defendant
even he is:
1. Presently on trial for the offense;
2. Has already been sentenced but
service of which has not begun; or
3. Already serving sentence
No retroactive effect when favorable
to the accused if the new law is
expressly made inapplicable to pending
actions or existing causes of action
(Tavera vs. Valdez, GR No. 922,
November 8, 1902)
Criminal liability under the repealed
law subsists:
i. When the provisions of the former
law are reenacted;
The right to punish offenses
committed under an old penal law is
not extinguished if the offenses are
still punishable in the repealing penal
law (US vs. Cuna, GR No. 4504,
December 15, 1908).
ii. When the repeal is by implication; or
When a penal law, which impliedly
repealed an old law, is itself
repealed, the repeal of the repealing
law revives the prior penal law,
unless the language of the repealing
statute provides otherwise
If the repeal is absolute, criminal
liability is obliterated
iii. When there is a saving clause
Note: No retroactive effect of penal laws
as regards the jurisdiction of court to try
a criminal action is to be determined by
the law in force at the time of instituting
the action, not at the time of the
commission of the crime (People vs.
Pegarum, GR No. 37565, November
13, 1933).
Article 23. Effect of pardon by the
offended party. A pardon of the
offended party does not extinguish
criminal action except as provided in
Article 344 of this Code; but civil
liability with regard to the interest of
the injured party is extinguished by
his express waiver.
General Rule: Pardon of the offended
party does NOT extinguish criminal
liability of the offender
Exception: Pardon by the offended
party will bar criminal prosecution in the
following crimes
i. Adultery and Concubinage express
and implied pardon must be given by
offended party to both offenders (see
Article 344, RPC).
Pardon must be given prior to
institution of criminal action (People
vs. Lim, GR No. 85753, February
13, 1992).
ii. Seduction, Abduction, and Acts of
Lasciviousness express pardon
given by offended party or her
parents or grandparents or guardian
(see Article 344, RPC).
Note: Pardon must be given prior to
the institution of the criminal action.
However, marriage between the
offender and the offended party even
after the institution of the criminal
action or conviction of the offender
will extinguish the criminal action or
remit the penalty already imposed
against the offender, his co
principals, accomplices, and
accessories after the fact.
Not applicable in rape, where
there are two or more principals
involved and in case of multiple rape.
iii. Rape
The subsequent valid marriage
between the offender and the
offended party shall extinguish
criminal liability or the penalty
imposed. Marital pardon granted
before the filing of the case, during
the proceedings and even after final
conviction shall extinguish criminal
liability and shall remit or rebate the
penalty already imposed.
Pardon by the offended party
under Article 344 is only a bar to
criminal prosecution, it is not a
ground for extinguishment of criminal
liability.
Civil liability may be extinguished
by the express waiver of the
offended party.
Article 24. Measures of prevention or
safety which are nor considered
penalties. The following shall not
be considered as penalties:
1. The arrest and temporary detention
of accused persons, as well as their
detention by reason of insanity or
imbecility, or illness requiring their
confinement in a hospital.
2. The commitment of a minor to any
of the institutions mentioned in
Article 80 and for the purposes
specified therein (repealed, see Art
9344).
3. Suspension from the employment
of public office during the trial or in
order to institute proceedings.
4. Fines and other corrective
measures which, in the exercise of
their administrative disciplinary
powers, superior officials may
impose upon their subordinates.
5. Deprivation of rights and the
reparations which the civil laws may
establish in penal form.
Article 25. Penalties which may be
imposed. The penalties which may
be imposed according to this Code,
and their different classes, are those
included in the following:
SCALE
Principal Penalties
Capital punishment:
Death.
Afflictive penalties:
Reclusion perpetua, Reclusion
temporal, Perpetual or temporary
absolute disqualification, Perpetual
or temporary special disqualification,
Prision mayor.
Correctional penalties:
Prision correccional, Arresto
mayor, Suspension, Destierro.
Light penalties:
Arresto menor, Public censure.
Penalties common to the three Based on Subject Matter
preceding classes: Corporal (death)
Fine, and Bond to keep the peace. Deprivation of freedom (reclusion,
prision, arresto)
Accessory Penalties Restriction of freedom (destierro)
Perpetual or temporary absolute Deprivation of rights (disqualification
disqualification, and suspension)
Perpetual or temporary special Pecuniary (fine)
disqualification,
Suspension from public office, the What are the three scales of penalties
right to vote and be voted for, the in the Code and their significance?
profession or calling, i. Article 25 classifies the penalties into
Civil interdiction, principal and accessories
Indemnification, ii. Article 70 provides for the scale
Forfeiture or confiscation of when there are two or more
instruments and proceeds of the sentences to be served, including
offense, Payment of costs. the threefold rule
iii. Article 71 graduates the penalties
Based on their Severity or Gravity into the order of severity for
Capital; purposes of applying the rules under
Afflictive; Article 61 in relation to Articles 50
Correctional; 57, the penalty imposable on
Light principal, accomplices, and
accessories for consummated,
This classification corresponds to the frustrated, and attempted felonies.
classification of felonies in Art. 9, into
grave, less grave and light (Reyes, Article 26. Fine When afflictive,
Book One, 2012, p. 622) correctional, or light penalty. A
fine, whether imposed as a single of
Based on their Nature as an alternative penalty, shall be
Accessory penalties are those that considered an afflictive penalty, if it
are deemed included in the imposition of exceeds 6,000 pesos; a correctional
the principal penalties. penalty, if it does not exceed 6,000
Principal Penalties those expressly pesos but is not less than 200 pesos;
imposed by the court in the judgment of and a light penalty if it less than 200
conviction. pesos.
Indivisible are hose which have
no fixed duration. What if exactly P200, how do you
These are: Death; reconcile Art 9 and Art 26?
Reclusion perpetua; Perpetual absolute Art 9 should prevail when the
or special disqualification; issue is prescription of crime. Its
Public censure. considered a light felony and prescribes
Divisible are those that have in 2 months.
fixed duration and are divisible into three But Art 26 should prevail when
periods the issue is prescription of penalty. Its
considered correctional, and prescribes
in 10 years.
A fine, whether imposed as a single
or as an alternative penalty, shall be
considered an:
a. Afflictive penalty, if it exceeds
6,000 pesos;
b. Correctional penalty, if it does
NOT exceed 6,000 pesos but is
NOT less than 200 pesos;
c. Light penalty, if it less than 200
pesos (Article 26, RPC)
Article 27. Reclusion perpetua.
Any person sentenced to any of the
perpetual penalties shall be pardoned
after undergoing the penalty for thirty
years, unless such person by reason
of his conduct or some other serious
cause shall be considered by the
Chief Executive as unworthy of
pardon.
Reclusion temporal. The
penalty of reclusion temporal shall be
from twelve years and one day to
twenty years.
Prision mayor and temporary
disqualification. The duration of
the penalties of prision mayor and
temporary disqualification shall be
from six years and one day to twelve
years, except when the penalty of
disqualification is imposed as an
accessory penalty, in which case its
duration shall be that of the principal
penalty.
Prision correccional,
suspension, and destierro. The
duration of the penalties of prision
correccional, suspension and
destierro shall be from six months
and one day to six years, except
when suspension is imposed as an
accessory penalty, in which case, its
duration shall be that of the principal
penalty.
Arresto mayor. The duration
of the penalty of arresto mayor shall
be from one month and one day to
six months.
Arresto menor. The duration
of the penalty of arresto menor shall
be from one day to thirty days.
Bond to keep the peace. The
bond to keep the peace shall be
required to cover such period of time
as the court may determine.
Republic Act No. 9346 Act Prohibiting
the Imposition of Death Penalty
In lieu of the death penalty, the following
shall be imposed:
a. The penalty of reclusion
perpetua, when the law violated
makes use of the nomenclature
of the penalties of the Revised
Penal Code;
b. The penalty of life imprisonment,
when the law violated does NOT
make use of the nomenclature of
the penalties of the RPC
(Section 2, RA 9346).
Person convicted of offense punished
with reclusion perpetua, or whose
sentences will be reduced to reclusion
perpetua, by reason of this Act, shall
NOT be eligible for parole under Act No.
4103, otherwise known as the
Indeterminate Sentence Law, as
amended (Section 3, Ibid).
RECLUSION LIFE
PERPETUA IMPRISONMENT
Penalty Penalty imposed for
prescribed for serious offenses
violation of the penalized by special
RPC laws
With fixed No fixed duration
duration 20 years
and 1 day to 40
years
Carries Does NOT carry
accessory accessory penalty
penalties
(Boado, 2012, p.233)
Is reclusion perpetua the same as life
imprisonment? No. it is erroneous to
imposed life imprisonment for felonies
as it is nowhere in the scheme of
penalties in the RPC nor is it a penalty
similar to reclusion perpetua.
Administrative Circular 6A92 (June
21, 1993) which amended Circular 692
(October 12, 1992) enjoins trial judges
to strictly observe the distinction
between life imprisonment and reclusion
perpetua to curb the practice of using
them interchangeably in the imposition
of penalty in serious offenses (People
vs. Narca, GR No. 108488, July 21,
1997).
Destierro is a sentence to any
person, shall not be permitted to enter
the place or places designated in the
sentence, nor within the radius therein
specified, which shall not be more that
250 and not less than 25 killometers
from the place designated (Article 87,
RPC)
Note: If the convict should enter the
prohibited places, he commits the crime
of evasion of service of sentence under
Article 157. But if the convict himself
would go further from which he is
banished by the court, there is NO
evasion of service of sentence because
the 250km limit is upon the authority of
the court in banishing the convict.
Cases where destierro is the penalty
imposed:
a. Serious physical injuries or death
under exceptional circumstances
(Article 247, RPC);
b. In case of failure to give bond for
good behavior (Article 284,
Ibid);
c. As a penalty for the concubine in
concubinage (Article 334, Ibid);
d. In cases where after reducing the
penalty by one or more degrees
destierro is the proper penalty.
Article 28. Computation of penalties.
If the offender shall be in prison,
the term of the duration of the
temporary penalties shall be
computed from the day on which the
judgment of conviction shall have
become final.
If the offender be not in prison,
the term of the duration of the
penalty consisting of deprivation of
liberty shall be computed from the
day that the offender is placed at the
disposal of the judicial authorities for
the enforcement of the penalty. The
duration of the other penalties shall
be computed only from the day on
which the defendant commences to
serve his sentence.
Rules for the computation of
penalties
The Director of Prisons or the
warden should compute the penalties
imposed upon the convicts, observing
the following rules:
a. If the offender shall be in prison,
the term of the duration of the
temporary penalties shall be
computed from the day on which
the judgment of conviction
shall have become final.
b. If the offender be NOT in prison,
the term of the duration of the
penalty consisting of
 deprivation of liberty shall be
computed from the day that the
offender is placed at the
disposal of the judicial
authorities for the enforcement
of the penalty.
c. The duration of the other
penalties shall be computed
only from the day on which the
defendant commences to serve
his sentence.
Article. 29. Period of preventive
imprisonment deducted from term of
imprisonment. Offenders or
accused who have undergone
preventive imprisonment shall be
credited in the service of their
sentence consisting of deprivation of
liberty, with the full time during which
they have undergone preventive
imprisonment if the detention
prisoner agrees voluntarily in writing
after being informed of the effects
thereof and with the assistance of
counsel to abide by the same
disciplinary rules imposed upon
convicted prisoners, except in the
following cases:
1. When they are recidivists, or
have been convicted previously twice
or more times of any crime; and
2. When upon being
summoned for the execution of their
sentence they have failed to
surrender voluntarily.
If the detention prisoner does
not agree to abide by the same
disciplinary rules imposed upon
convicted prisoners, he shall do so in
writing with the assistance of a
counsel and shall be credited in the
service of his sentence with four-
fifths of the time during which he has
undergone preventive imprisonment.
Credit for preventive
imprisonment for the penalty
of reclusion perpetua shall be
deducted from thirty (30) years.
Whenever an accused has
undergone preventive imprisonment
for a period equal to the possible
maximum imprisonment of the
offense charged to which he may be
sentenced and his case is not yet
terminated, he shall be released
immediately without prejudice to the
continuation of the trial thereof or the
proceeding on appeal, if the same is
under review. Computation of
preventive imprisonment for
purposes of immediate release under
this paragraph shall be the actual
period of detention with good
conduct time allowance: Provided,
however, That if the accused is
absent without justifiable cause at
any stage of the trial, the court
may motu proprio order the rearrest
of the accused: Provided,
finally, That recidivists, habitual
delinquents, escapees and persons
charged with heinous crimes are
excluded from the coverage of this
Act. In case the maximum penalty to
which the accused may be sentenced
is destierro, he shall be released after
thirty (30) days of preventive
imprisonment (as amended by RA
10592).
Note: The accused undergone
preventive imprisonment when the
offense charged is nonbailable, or even
if bailable, he cannot furnish the
required bail (Reyes, Book One, 2012,
p. 631).
Although destierro does not
constitute imprisonment (which is typical
example of deprivation of liberty), it is
nonetheless a deprivation of liberty. It
follows that Article 29 is applicable when
the penalty is destierro. The accused
should be credited with the time during
which he has undergone preventive
imprisonment (People vs. Bastasa, GR
No. L32792, February 2, 1979).
Article 30. Effects of the penalties of
perpetual or temporary absolute
disqualification for public office
1. The deprivation of the public
offices and employments which
the offender may have held even
if conferred by popular election.
2. The deprivation of the right to
vote in any election for any
popular office or to be elected to
such office.
3. The disqualification for the offices
or public employments and for
the exercise of any of the rights
mentioned. In case of temporary
disqualification, such
disqualification as is comprised in
paragraphs 2 and 3 of this article
shall last during the term of the
sentence.
4. The loss of all rights to retirement
pay or other pension for any
office formerly held.
Article 31. Effect of the penalties of
perpetual or temporary special
disqualification for public office,
profession or calling
1. The deprivation of the office,
employment, profession or calling
affected.
2. The disqualification for holding
similar offices or employments
either perpetually or during the
term of the sentence according to
the extent of such
disqualification.
Article 32. Effect of the penalties of
perpetual or temporary special
disqualification for the exercise of
the right of suffrage.
1. Deprive the offender perpetually
or during the term of the
sentence, according to the nature
of said penalty, of the right to
vote in any popular election for
any public office or to be elected
to such office.
2. The offender shall not be
permitted to hold any public office
during the period of his
disqualification.
Article 33. Effects of the penalties of
suspension from any public office,
profession or calling, or the right of
suffrage.
1. Disqualify the offender from
holding such office or exercising
such profession or calling or right
of suffrage during the term of the
sentence.
2. The person suspended from
holding public office shall not hold
another having similar functions
during the period of his
suspension.
Article 34. Civil interdiction
1. Deprive the offender during the
time of his sentence of the rights
of parental authority, or
guardianship, either as to the
person or property of any ward.
2. Deprivation of marital authority.
3. Deprivation of the right to
manage his property and of the
right to dispose of such property
by any act or any conveyance
inter vivos (Note: But he can
dispose of such property by will
or donation mortis causa.
Article 35. Effects of bond to keep the indemnity imposed upon him by the
peace. sentence.
1. It shall be the duty of any person
sentenced to give bond to keep PARDON BY THE PARDON BY
the peace, to present two CHIEF OFFENDED
sufficient sureties who shall EXECUTIVE PARTY
undertake that such person will (Article. 36) (Article. 23)
not commit the offense sought to As to the crime covered
be prevented. Can extend to any Applies only to
2. In case such offense be crime, UNLESS crimes under Art.
committed they will pay the otherwise provided 344 of the Code.
amount determined by the court by or subject to
in the judgment, or otherwise to conditions in the
deposit such amount in the office Constitution or the
of the clerk of the court to laws.
guarantee said undertaking. The At to the effect on civil liability
court shall determine, according Cannot affect the The offended party
to its discretion, the period of civil liability ex can waive the civil
duration of the bond. delicto of the liability
3. Should the person sentenced fail offender
to give the bond as required he As to extinguishment of criminal
shall be detained for a period liability
which shall in no case exceed six Extinguishes Does NOT
months, is he shall have been criminal liability extinguish criminal
prosecuted for a grave or less liability although it
grave felony, and shall not may constitute a
exceed thirty days, if for a light bar to the
felony. prosecution of the
offender in
Note: Bond to keep the peace or for seduction,
good behavior is imposed as a penalty abduction, and
in threats (Article 284, RPC). This is acts of
different from a bail bond (Rule 114, lasciviousness by
ROC) to secure the provisional release the valid marriage
of an accused person after his arrest or of the victim and
during trial but before final judgment of the offender, and
conviction. in adultery and
concubinage, by
Article 36. Pardon; its effect. A the express or
pardon shall not work the restoration implied pardon by
of the right to hold public office, or the offended
the right of suffrage, unless such spouse
rights be expressly restored by the When granted
terms of the pardon. Can be extended Can be validly
A pardon shall in no case exempt the only after granted only
culprit from the payment of the civil conviction by final before the
judgment of the institution of the 1. The reparation of the damage
accused criminal action caused.
To whom granted 2. Indemnification of consequential
To any or all of the In seduction, damages.
accused abduction and acts 3. The fine.
of lasciviousness, 4. The cost of the proceedings.
it benefits the co
principals, The order of payment stated in this
accomplices and article shall be applicable in case the
accessories. property of the offender should NOT be
sufficient for the payment of all his
In adultery and pecuniary liabilities.
concubinage, must
include both Article 39. Subsidiary penalty, as
offenders. amended by RA 10159 is a
As to whether it can be conditional subsidiary personal liability to be
May be absolute or Cannot validly be suffered by the convict who has no
conditional made if subject to property to which to meet the fine
a condition mentioned in paragraph 3 of the next
preceding article
Article 37. Cost; What are included.
Costs shall include fees and New Basis for Daily Computation of
indemnities in the course of the Subsidiary Penalty He shall be
judicial proceedings, whether they be subject to a subsidiary personal liability
fixed or unalterable amounts at the rate of one day of each amount
previously determined by law or equivalent to the highest minimum wage
regulations in force, or amounts not rate prevailing in the Philippines at the
subject to schedule. time of the rendition of judgment of
conviction by the trial court (RA 10159
Costs which are expenses of litigation amended the previous rate of one (1)
are chargeable to the accused only in day of each eight (8) pesos).
cases of conviction. Payment of costs Rules as to subsidiary liability
depends upon the discretion of the court Penalty imposed Subsidiary penalty
(Reyes, Book One, 2012, p. 644). Prision Subsidiary
correcional or imprisonment is not
No costs shall be allowed against the arresto AND fine to exceed 1/3 of the
Republic of the Philippines UNLESS term of the
provided by law (Section 1, Rule 142, sentence, and in no
ROC). case to continue for
more than one year.
Article 38. Pecuniary liabilities; Order Fraction or part of a
of payment. In case the property of day shall not be
the offender should not be sufficient counted.
for the payment of all his pecuniary Fine only Subsidiary
liabilities, the same shall be met in imprisonment
the following order: a. Not to
 exceed 6 imposed by the court in its judgment,
months if otherwise the accused cannot be made
the culprit is to serve the corresponding subsidiary
prosecuted imprisonment (Ramos vs. Gonong, GR
for grave or No. L42010, August 31, 1961).
less grave
felony; and No subsidiary penalty shall be
b. Not to imposed
exceed 15 a. The penalty imposed is higher
days if than prision correccional or 6
prosecuted years;
for light b. Additional penalty for habitual
felony delinquency should be included
Higher than No subsidiary in determining whether or not
prision correcional imprisonment subsidiary penalty should be
If the penalty Subsidiary penalty imposed;
imposed is not to shall consist in the c. For nonpayment of reparation
be executed by same deprivations or indemnification;
confinement, but as those of the d. For nonpayment of cost;
of fixed duration principal penalty, e. Where the penalty imposed is
under the same fine and another penalty without
rules as nos. 1, 2, fixed duration
and 3 above f. The subsidiary penalty, though
properly imposable is not
In case the financial circumstances of expressly stated in the judgment
the convict should improve, he shall pay g. For nonpayment of taxes in
the fine, notwithstanding the fact that the case of insolvency (People vs.
convict suffered subsidiary personal Balagtas, GR No. L10210,
liability therefor. July 29, 1959).
h. In cases of censure since it has
When the penalty prescribed for the no fixed duration and is not to be
offense is imprisonment, it is the penalty executed by confinement
actually imposed by the Court, not the
penalty provided for by the Code, which Article 40. Death; Its accessory
should be considered in determining penalties
whether or not subsidiary penalty should The death penalty, when it is not
be imposed. executed by reason of commutation
or pardon (a) that of perpetual
Subsidiary penalty shall not be proper absolute disqualification; (b) that of civil
only if the accused has no property with interdiction during thirty years following
which to pay the fine and not as a the date sentence, unless such
matter of choice on his part by opting to accessory penalties have been
go to jail instead of paying. expressly remitted in the pardon.

Subsidiary penalty is not an accessory Article 41. Reclusion perpetua and

penalty, hence, it must be specifically reclusion temporal; Their accessory
penalties (a) that of civil interdiction
for life or during the period of the
sentence as the case may be; (b) that of
perpetual absolute disqualification which
the offender shall suffer even though
pardoned as to the principal penalty,
unless the same shall have been
expressly remitted in the pardon.
Article 42. Prision mayor; Its
accessory penalties. (a) that of
temporary absolute disqualification; (b)
that of perpetual special disqualification
from the right of suffrage which the
offender shall suffer although pardoned
as to the principal penalty, unless the
same shall have been expressly
remitted in the pardon.
Article 43. Prision correccional; Its
accessory penalties. (a) that of
suspension from public office, from the
right to follow a profession or calling; (b)
that of perpetual special disqualification
from the right of suffrage, if the duration
of said imprisonment shall exceed
eighteen months. The offender shall
suffer the disqualification provided in the
article although pardoned as to the
principal penalty, unless the same shall
have been expressly remitted in the
pardon.
Article 44. Arresto; Its accessory
penalties. that of suspension of the
right to hold office and the right of
suffrage during the term of the
sentence.
Article 45. Confiscation and forfeiture
of the proceeds or instruments of the
crime. Every penalty imposed for
the commission of a felony shall
carry with it the forfeiture of the
proceeds of the crime and the
instruments or tools with which it
was committed.
Such proceeds and
instruments or tools shall be
confiscated and forfeited in favor of
the Government, unless they be
property of a third person not liable
for the offense, but those articles
which are not subject of lawful
commerce shall be destroyed.
Article 46. Penalty to be imposed
upon principals in general. The
penalty prescribed by law for the
commission of a felony shall be
imposed upon the principals in the
commission of such felony.
Whenever the law prescribes a
penalty for a felony is general terms,
it shall be understood as applicable
to the consummated felony.
General Rule: the penalty prescribed by
law in general terms shall be imposed:
Upon the principals.
For consummated felony.
Exception: when the penalty to be
imposed upon the principal in frustrated
or attempted felony is fixed by law.
Graduation of penalties by degrees
or by periods
1. By degrees:
a. Stages of Execution
(Consummated, frustrated, or
attempted)
b. Degree of the criminal
participation of the offender
(Whether as principal,
accomplice, or accessory)
2. By periods refers proper period of
the penalty which should be imposed
when aggravating or mitigating
circumstances attend the
commission of the crime (maximum,
 medium and miimum) (Reyes, Book
One, 2012, p. 668)
Article 47. Cases wherein the Death
Penalty shall not be imposed no
longer of any force or effect because the
substantive provisions thereof being
inconsistent with RA 9346, while the
procedural measures is superseded by
the present Revised Rules of Court
Article 48. Penalty for complex
crimes. When a single act
constitutes two or more grave or less
grave felonies, or when an offense is
a necessary means for committing
the other, the penalty for the most
serious crime shall be imposed, the
same to be applied in its maximum
period.
Article 48 does NOT apply to acts
penalized under Article 365 of the
Revised Penal Code
Article 48 is a procedural device
allowing single prosecution of multiple
felonies falling under either of two
categories: (1) when a single act
constitutes two or more grave or less
grave felonies (thus excluding from its
operation light felonies); and (2) when
an offense is a necessary means for
committing the other. The legislature
crafted this procedural tool to benefit the
accused who, in lieu of serving multiple
penalties, will only serve the maximum
of the penalty for the most serious
crime.
In contrast, Article 365 is a
substantive rule penalizing not an act
defined as a felony but the mental
attitude xxx behind the act, the
dangerous recklessness, lack of care or
foresight xxx, a single metal attitude
regardless of the resulting
consequences. Article 48 is incongruent
to the notion of quasicrimes under
Article 365. It is conceptually impossible
for a quasioffense to stand for the two
kinds of complex crime under Article 48.
This ruling secures for the
accused facing an Article 365 charge a
stronger and simpler protection of their
constitutional right under the Double
Jeopardy Clause. True, they are thereby
denied the beneficent effect of the
favorable sentencing formula under
Article 48, but any disadvantage thus
caused is more than compensated by
the certainty of nonprosecution for
quasicrime effects qualifying as light
offenses (or, as here, for the more
serious consequence prosecuted
belatedly). It is so minded, Congress
can recraft Article 365 by extending to
quasicrimes the sentencing formula of
Article 48 so that only the most severe
penalty shall be imposed under a single
prosecution of all resulting acts, whether
penalized as grave, less grave or light
offenses. This will still keep intact the
distinct concept of quasioffenses (Ivler
vs. San Pedro and Ponce, GR No.
172716, November 17, 2010).
I. COMPLEX CRIMES (Article 48,
RPC) although two or more
crimes are actually committed;
they constitute only one crime in
the eyes of the law as well as in
the conscience of the offender;
the offender has only one
criminal intent, hence, there is
only one penalty imposed for the
commission of the crime (People
vs. Hernandez, GR No. L6025
26, July 18, 1956).
When a single burst from
automatic gun resulted in the
numerous killings from a number
of bullets fired, there is no
complex crime but there are as
many offenses as the numbers of
victims of the bullets fired in view
of the special characteristic or
mechanism of automatic machine
guns and the offender who knew
this fact (People vs. Pineda, GR
No. L26222, July 21, 1976).
TWO KINDS OF COMPLEX
CRIMES
A. COMPOUND CRIME (delito
compuesto) a single act
constitute two or more grave
or less grave felonies
Requisites:
i. That only one single act is
performed by the offender.
ii. That the single act
produces (a) two or more
grave felonies, or (b) one
or more grave and one or
more less grave felonies,
or (c) two or more less
grave felonies.
Light felonies produced by the
same act should be treated and
punished as separate offenses or
may be absorbed by the grave
felony (People vs. Turla, GR No.
26388, February 14, 1927).
When the crime is committed by
force or violence, slight physical
injuries are absorbed such as in
direct assault and rape. Reason:
the slight physical injuries are the
necessary consequence of the
force or violence inherent in the
crimes of direct assault and rape
(People vs. Aplado, GR No.
31075, August 12, 1929).
B. COMPLEX CRIME PROPER
(delito complejo) when an
offense is a necessary means
for committing another.
Requisites:
i. That at least two
offenses are
committed.
ii. That one or some of
the offenses must be
necessary to commit
the other;
iii. That both or all the
offenses must be
punished under the
same statute.
Note: Necessary means
does NOT mean
indispensable means.
What are cases where commission of
two crimes will not result to complex
crime proper?
a. A crime to conceal another for
the law requires a crime to
commit another, not to conceal
the other crime
b. A crime which is an element of
the other for in that case, the
former shall be absorbed by the
latter such as trespassing which
is an element of robbery
c. A crime which has the same
element as the other crime
committed
d. Where the intent is really to
commit the second crime but the
first act although also a crime is
incidental to the commission of
the second crime. For instance,
in the taking away of a woman for
the original intent to commit rape
on her, the taking is merely
incidental to the crime of rape,
hence, it is not complex crime of
abduction with rape, but only
 simple rape (Boado, 2012, p.
263)
II. COMPOSITE CRIME OR
SPECIAL COMPLEX CRIME
those which are treated as single
indivisible offenses although
comprising more than one
specific crime and with specific
penalty.
These refer to two or more
crimes that the law treats as a
single indivisible and unique
offense for being the product of a
single criminal impulse (People
vs. Dela Cruz, GR NO. 183091,
June 19, 2013).
Examples:
a. Rape with homicide the
homicide must always be
consummated, otherwise,
separate offenses. The
rape may either be
consummated or
attempted.
When by reason or on the
occasion of the rape, homicide is
committed, the penalty shall be death.
The legislative intent on the import of
the phrase on the occasion of the rape
to refer to a killing that occurs
immediately before or after, or during
the commission itself of the attempted or
consummated rape, where the victim of
the homicide may be a person other
than the rape victim herself for as long
as the killing is linked to the rape,
became evident (People vs. Villaflores,
GR No. 184926, April 11, 2012).
b. Kidnapping with homicide
c. Kidnapping with rape (this
is different from abduction
with rape. In the latter,
there is lewd design
(People vs. Jose, GR No.
L28232, February 6,
1971).
d. Robbery with homicide
e. Robbery with rape
Note: There is no complex crime
Arson with (Multiple) Homicide.
Accordingly, in cases where both
burning and death occur, in order to
determine what crime / crime was / were
perpetrated whether arson, murder or
arson and homicide/ murder, it is de
rigueur to ascertain the main objective
of the malefactor:
a. If the main objective is the
burning of the building or edifice,
but death results by reason or on
the occasion of arson, the crime
is simply arson, and the resulting
homicide is absorbed;
b. If, on the other hand, the main
objective is to kill a particular
person who may be in a building
or edifice, when fire is resorted to
as the means to accomplish such
goal the crime committed is
murder only; and lastly,
c. If the objective is likewise, to kill a
particular person, and in fact the
offender has already done so, but
fire is resorted to as a means to
cover up the killing, then there
are two separate and distinct
crimes committed homicide /
murder and arson (People vs.
Edna Malngan, GR No 170470,
September 26, 2006).
Plurality of Crimes it consists in the
successive execution, by the same
individual, of different acts upon any of
which no conviction has yet been
declared (Reyes, Book One, 2012, p.
701).
 SPECIAL
Kinds of Plurality of Crimes COMPLEX CRIME)
a. Real or Material are different The combination The combination of
crimes in law, as well as in the is not specified the offenses is fixed
conscience of the offender. In such but in general by law
case, the offender shall be punished terms, that is,
for each offense that he committed. grave and/or less
grave; or one
b. Formal or Ideal only one criminal offense being the
liability necessary means
Example: to commit the
i. When the offender commits any other
of the complex crimes defined in The penalty is not The penalty for the
Art. 48; specific but is for specified
ii. When the law specifically fixes a the most serious combination of
single penalty for 2 or more offense in the crimes is also
offenses; maximum period specific
iii. When the offender commits If there is more Even if there are
continued crimes than one count of more than one
the crime forming count of the
Note: In recidivism, there must be part of the component crime
conviction by final judgment of the first complex crime, such as several
or prior offense; in plurality of crimes, the first shall be rapes or several
there is no conviction of any of the complexed while homicides
crimes committed (Ibid). the other counts accompanying the
may be treated kidnapping, there is
Continued (continuous or continuing) as separate just one composite
crime is a single crime, consisting of crime. In forcible crime to be charged.
a series of felonious acts but all arising abduction with All the excess
from a single criminal resolution; only rape, only the first homicides/rapes
one crime committed, hence, only one rape is accompanying the
penalty shall be imposed (Ibid, p. 702). complexed with kidnapping are
the abduction and absorbed in
Note: A continued crime is NOT a the subsequent kidnapping with
complex crime, because the offender in rapes shall be homicide/rape
continued or continuous crime does not charged
perform a single act, but a series of separately
acts, and one offense is not necessary If a light felony If a felony
means for committing the other. Not accompanies the accompanied the
being a complex crime, the penalty for commission of commission of the
continued crime is not to be imposed in the complex composite crime,
the maximum period (Ibid, p. 705) crime, the light such light felony is
felony may be absorbed
subject to
COMPLEX COMPOSITE separate
CRIME CRIME (or information
Penalized by two Penalized in a It does not apply to abberatio ictus
provisions of law single provision of
in relation to law
Article 48
It is not possible Offense under
to complex under special law can
Article 48 two become composite
offenses; one
felony and one
offense
(Boado, 2012, pp. 267268)
Article 49. Penalty to be imposed
upon the principals when the crime
committed is different from that
intended. In cases in which the
felony committed is different from
that which the offender intended to
commit, the following rules shall be
observed:
1. If the penalty prescribed for the
felony committed be higher than that
corresponding to the offense which
the accused intended to commit, the
penalty corresponding to the latter
shall be imposed in its maximum
period.
2. If the penalty prescribed for the
felony committed be lower than that
corresponding to the one which the
accused intended to commit, the
penalty for the former shall be
imposed in its maximum period.
3. The rule established by the next
preceding paragraph shall not be
applicable if the acts committed by
the guilty person shall also constitute
an attempt or frustration of another
crime, if the law prescribes a higher
penalty for either of the latter
offenses, in which case the penalty
provided for the attempted or the
frustrated crime shall be imposed in
its maximum period.
because in this case, there is complex
crime committed under Article 48, the
crime intended to be committed and the
crime actually committed (People vs.
Guillen, GR No. L1477, January 18,
1950).
It also does not apply to praeter
intentionem because in this case, the
crime befalls the same person. Article
49 has no application to cases where a
more serious consequence not intended
by the offender befalls the same person
(People vs. Albuquerque, GR No.
38773, December 19, 1933).
ARTICLE 49 ARTICLE 48
Lesser penalty is Penalty for the
imposed to be more or most
applied in serious crime shall
maximum periods be imposed, to be
applied in its
maximum period
Article 50. Penalty to be imposed
upon principals of a frustrated crime.
The penalty next lower in degree
than that prescribed by law for the
consummated felony shall be
imposed upon the principal in a
frustrated felony.
Article 51. Penalty to be imposed
upon principals of attempted crimes.
A penalty lower by two degrees
than that prescribed by law for the
consummated felony shall be
imposed upon the principals in an
attempt to commit a felony.
Article 52. Penalty to be imposed
upon accomplices in consummated
crime. The penalty next lower in
degree than that prescribed by law
for the consummated shall be
imposed upon the accomplices in the
commission of a consummated
felony.
Article 53. Penalty to be imposed
upon accessories to the commission
of a consummated felony. The
penalty lower by two degrees than
that prescribed by law for the
consummated felony shall be
imposed upon the accessories to the
commission of a consummated
felony.
Article 54. Penalty to imposed upon
accomplices in a frustrated crime.
The penalty next lower in degree than
prescribed by law for the frustrated
felony shall be imposed upon the
accomplices in the commission of a
frustrated felony.
Article 55. Penalty to be imposed
upon accessories of a frustrated
crime. The penalty lower by two
degrees than that prescribed by law
for the frustrated felony shall be
imposed upon the accessories to the
commission of a frustrated felony.
Article 56. Penalty to be imposed
upon accomplices in an attempted
crime. The penalty next lower in
degree than that prescribed by law
for an attempt to commit a felony
shall be imposed upon the
accomplices in an attempt to commit
the felony.
Article 57. Penalty to be imposed
upon accessories of an attempted
crime. The penalty lower by two
degrees than that prescribed by law
for the attempted felony shall be
imposed upon the accessories to the
attempt to commit a felony.
Article 58. Additional penalty to be
imposed upon certain accessories.
Those accessories falling within the
terms of paragraphs 3 of Article 19 of
this Code who should act with abuse
of their public functions, shall suffer
the additional penalty of absolute
perpetual disqualification if the
principal offender shall be guilty of a
grave felony, and that of absolute
temporary disqualification if he shall
be guilty of a less grave felony.
Article 59. Penalty to be imposed in
case of failure to commit the crime
because the means employed or the
aims sought are impossible. When
the person intending to commit an
offense has already performed the
acts for the execution of the same
but nevertheless the crime was not
produced by reason of the fact that
the act intended was by its nature
one of impossible accomplishment or
because the means employed by
such person are essentially
inadequate to produce the result
desired by him, the court, having in
mind the social danger and the
degree of criminality shown by the
offender, shall impose upon him the
penalty of arresto mayor or a fine
from 200 to 500 pesos.
Article 60. Exception to the rules
established in Articles 50 to 57.
The provisions contained in Articles
50 to 57, inclusive, of this Code shall
not be applicable to cases in which
the law expressly prescribes the
penalty provided for a frustrated or
attempted felony, or to be imposed
upon accomplices or accessories.
Article 61. Rules for graduating from the penalty prescribed, if
penalties. For the purpose of possible; otherwise from the penalty
graduating the penalties which, immediately following in the above
according to the provisions of mentioned respective graduated
Articles 50 to 57, inclusive, of this scale.
Code, are to be imposed upon 5. When the law prescribes a penalty
persons guilty as principals of any for a crime in some manner not
frustrated or attempted felony, or as especially provided for in the four
accomplices or accessories, the preceding rules, the courts,
following rules shall be observed: proceeding by analogy, shall impose
1. When the penalty prescribed for corresponding penalties upon those
the felony is single and indivisible, guilty as principals of the frustrated
the penalty next lower in degrees felony, or of attempt to commit the
shall be that immediately following same, and upon accomplices and
that indivisible penalty in the accessories.
respective graduated scale
prescribed in Article 71 of this Code. The penalty prescribed by law for the
2. When the penalty prescribed for felony shall be lowered by one or two
the crime is composed of two degrees, as follows (Article 50-57):
indivisible penalties, or of one or
more divisible penalties to be impose 1. For the principal in frustrated
to their full extent, the penalty next felony one degree lower;
lower in degree shall be that 2. For the principal in attempted
immediately following the lesser of felony two degrees lower;
the penalties prescribed in the 3. For the accomplice in
respective graduated scale. consummated felony one
3. When the penalty prescribed for degree lower;
the crime is composed of one or two 4. For the accessory in
indivisible penalties and the consummated felony two
maximum period of another divisible degrees lower.
penalty, the penalty next lower in
degree shall be composed of the CONSU FRUST ATTE
medium and minimum periods of the MMATED RATED MPTE
proper divisible penalty and the D
maximum periods of the proper PRINCI 0 1 2
divisible penalty and the maximum PALS
period of that immediately following ACCOM 1 2 3
in said respective graduated scale. PLICES
4. when the penalty prescribed for ACCES 2 3 4
the crime is composed of several SORIES
periods, corresponding to different
divisible penalties, the penalty next The figure 0 represents the penalty
lower in degree shall be composed of prescribed by law in defining a crime,
the period immediately following the which is to be imposed on the principal
minimum prescribed and of the two in a consummated offense, in
next following, which shall be taken accordance with the provisions of Article
46. The other figures represent the
degrees to which the penalty must be
lowered, to meet the different situations
anticipated by law. The figures
represent the degrees to which the
penalty must be lowered, to meet the
different situations anticipated by law.
Articles 50-57 shall NOT apply where
the law expressly prescribes the penalty
for a frustrated or attempted felony, or to
be imposed upon accomplices or
accessories (Article 60)
Degree it is one entire penalty, one
whole penalty or one unit of the
penalties enumerated in the graduated
scales provided for in Article 71.
When there is mitigating or
aggravating circumstance, the penalty is
lowered or increased y period only.
Exception: When the penalty is
divisible and there are two or more
mitigating and without aggravating
circumstances, in which case the
penalty is lowered by degree.
Period It is one of the three equal
portions, called minimum, medium and
maximum, of divisible penalty.
General Rule: An accomplice is
punished by a penalty one degree lower
than the penalty imposed upon the
principal
Exceptions: The following accomplices
are punished with same penalty
imposed upon the principal
a. The ascendants, guardians,
curators, teachers and any
person who by abuse of authority
or confidential relationship, shall
cooperate as accomplices in the
crimes of rape, acts of
lasciviousness, seduction,
corruption of minors, white slave
trade or abduction (Article 346,
RPC).
b. One who furnished the place for
the perpetration of the crime of
slight illegal detention (Article
268, RPC).
When penalty prescribed is single and
indivisible the penalty next lower in
degree shall be that immediately
following that indivisible penalty in the
respective graduated scale in Article 71.
If the penalty prescribed by the Code
consists in three periods, corresponding
to different penalties, the penalty next
lower in degree is the penalty consisting
in the three periods down in the scale.
If the penalty prescribed by the Code
consists in only one period, the penalty
next lower in degree is the next period
down in the scale.
Mitigating and aggravating
circumstances are disregarded in the
application of the rules for graduating
penalties.
Article 62. Effect of the attendance of
mitigating or aggravating
circumstances and of habitual
delinquency. Mitigating or
aggravating circumstances and
habitual delinquency shall be taken
into account for the purpose of
diminishing or increasing the penalty
in conformity with the following
rules:
1. Aggravating circumstances which
in themselves constitute a crime
specially punishable by law or which
are included by the law in defining a
crime and prescribing the penalty
therefor shall not be taken into
account for the purpose of increasing
the penalty.
(a) When in the commission of
the crime, advantage was taken by
the offender of his public position,
the penalty to be imposed shall be in
its maximum regardless of mitigating
circumstances.
(b) The maximum penalty shall
be imposed it the offense was
committed by any person who
belongs to an organized/syndicated
crime group.
An organized/syndicated crime
group means a group of 2 or more
persons collaborating, confederating
or mutually helping one another for
purposes of gain in the commission
of any crime.
2. The same rule shall apply with
respect to any aggravating
circumstance inherent in the crime to
such a degree that it must of
necessity accompany the
commission thereof.
3. Aggravating or mitigating
circumstances which arise from the
moral attributes of the offender, or
from his private relations with the
offended party, or from any other
personal cause, shall only serve to
aggravate or mitigate the liability of
the principals, accomplices and
accessories as to whom such
circumstances are attendant.
4. The circumstances which consist
in the material execution of the act,
or in the means employed to
accomplish it, shall serve to
aggravate or mitigate the liability of
those persons only who had
knowledge of them at the time of the
execution of the act or their
cooperation therein.
5. Habitual delinquency shall have
the following effects:
(a) Upon a third conviction the
culprit shall be sentenced to the
penalty provided by law for the last
crime of which he be found guilty and
to the additional penalty of prision
correccional in its medium and
maximum periods;
(b) Upon a fourth conviction,
the culprit shall be sentenced to the
penalty provided for the last crime of
which he be found guilty and to the
additional penalty of prision mayor in
its minimum and medium periods;
and
(c) Upon a fifth or additional
conviction, the culprit shall be
sentenced to the penalty provided for
the last crime of which he be found
guilty and to the additional penalty of
prision mayor in its maximum period
to reclusion temporal in its minimum
period.
Notwithstanding the provisions
of this article, the total of the two
penalties to be imposed upon the
offender, in conformity herewith,
shall in no case exceed 30 years.
For the purpose of this article,
a person shall be deemed to be
habitual delinquent, is within a period
of ten years from the date of his
release or last conviction of the
crimes of serious or less serious
physical injuries, robo, hurto, estafa
or falsification, he is found guilty of
any of said crimes a third time or
oftener.
Organized/syndicated crime group
means a group of two or more persons
collaborating or mutually helping one
another for purposes of gain in the
commission of any crime.
Requisites of habitual delinquency
1. That the offender had been
convicted of any of the crimes of
a. Falsification;
b. Robbery;
c. Estafa;
d. Theft; or
e. Serious or less serious
physical injuries
2. That after conviction or after serving
his sentence, he again committed
and, within 10 years from his last
release of first conviction, he was
again convicted of any of the said
crimes for the second time; and
3. That after his conviction of, or after
serving sentence for the second
offense, he again committed, and,
within 10 years from his last release
or last conviction, he was again
convicted of any of said offenses, the
third time or oftener.
Note: Subsequent crime must be
committed after conviction of former
crime (People vs. Ventura, GR No.
35194, August 27, 1931).
Article. 63. Rules for the application
of indivisible penalties. In all cases
in which the law prescribes a single
indivisible penalty, it shall be applied
by the courts regardless of any
mitigating or aggravating
circumstances that may have
attended the commission of the deed.
In all cases in which the law
prescribes a penalty composed of
two indivisible penalties, the
following rules shall be observed in
the application thereof:
1. When in the commission of the
deed there is present only one
aggravating circumstance, the
greater penalty shall be applied.
2. When there are neither mitigating
nor aggravating circumstances and
there is no aggravating
circumstance, the lesser penalty
shall be applied.
3. When the commission of the act is
attended by some mitigating
circumstances and there is no
aggravating circumstance, the lesser
penalty shall be applied.
4. When both mitigating and
aggravating circumstances attended
the commission of the act, the court
shall reasonably allow them to offset
one another in consideration of their
number and importance, for the
purpose of applying the penalty in
accordance with the preceding rules,
according to the result of such
compensation.
Note: The imposable penalty for the
crime of rape is reclusion perpetua. The
accused being entitled to the privileged
mitigating circumstance of minority, the
imposable penalty is reclusion temporal
in its medium period, absent any other
mitigating or aggravating circumstance
(People vs. Galang, GR No. 70713,
June 29, 1989).
Art. 64. Rules for the application of
penalties which contain three
periods. In cases in which the
penalties prescribed by law contain
three periods, whether it be a single
divisible penalty or composed of
three different penalties, each one of
which forms a period in accordance
with the provisions of Articles 76 and
77, the court shall observe for the
application of the penalty the
following rules, according to whether
there are or are not mitigating or
aggravating circumstances:
1. When there are neither aggravating
nor mitigating circumstances, they
shall impose the penalty prescribed
by law in its medium period.
2. When only a mitigating
circumstances is present in the
commission of the act, they shall
impose the penalty in its minimum
period.
3. When an aggravating circumstance
is present in the commission of the
act, they shall impose the penalty in
its maximum period.
4. When both mitigating and
aggravating circumstances are
present, the court shall reasonably
offset those of one class against the
other according to their relative
weight.
5. When there are two or more
mitigating circumstances and no
aggravating circumstances are
present, the court shall impose the
penalty next lower to that prescribed
by law, in the period that it may deem
applicable, according to the number
and nature of such circumstances.
6. Whatever may be the number and
nature of the aggravating
circumstances, the courts shall not
impose a greater penalty than that
prescribed by law, in its maximum
period.
7. Within the limits of each period,
the court shall determine the extent
of the penalty according to the
number and nature of the
aggravating and mitigating
circumstances and the greater and
lesser extent of the evil produced by
the crime.
Cases where mitigating and
aggravating circumstances are NOT
considered in the imposition of
penalty
a. When the penalty is single and
indivisible (Article 63, RPC);
b. In felonies through negligence;
c. When the penalty is only a fine
imposed by an ordinance
(People vs. Ching Kuan, GR
No. 48515, November 11, 1942);
d. When the penalties are
prescribed by special laws
(Reyes, Book One, 2012, pp.
754755).
Article 65. Rule in cases in which the
penalty is not composed of three
periods. In cases in which the
penalty prescribed by law is not
composed of three periods, the
courts shall apply the rules contained
in the foregoing articles, dividing into
three equal portions of time included
in the penalty prescribed, and
forming one period of each of the
three portions.
Illustration of the computation when
the penalty has three periods
Prision mayor which has a duration
of 6 years and 1 day to 12 years
i. Subtract the minimum
(disregarding the 1 day) from the
maximum
12 years 6 years = 6
years
ii. Divide the difference by 3
6 years / 3 = 2 years
iii. Use the minimum of 6 years and
1 day of prision mayor as
minimum of the MINIMUM
PERIOD. Then add 2 years to
the minimum (disregarding the 1
day) to get the maximum of the
MINIMUM PERIOD.
Range of the MINIMUM
PERIOD = 6 years and 1 day to 8
years
iv. Use the maximum of the
minimum period as minimum of
the MEDIUM PERIOD, and add
 1 day to distinguish it from the
maximum of the minimum period.
Then add 2 years to the
minimum of the medium period
(disregarding the 1 day) to get
the maximum of the MEDIUM
PERIOD
Range of the MEDIUM PERIOD
= 8 years and 1 day to 10 years
v. Use the maximum of the medium
period as minimum of the
MAXIMUM PERIOD, and add 1
day to distinguish it from the
maximum of the medium period.
Then add 2 years to the
minimum of the maximum period
(disregarding the 1 day) to get
the maximum of the MAXIMUM
PERIOD.
Range of the MAXIMUM
PERIOD = 10 years and 1 day to
12 years
Article 66. Imposition of fines. In
imposing fines the courts may fix any
amount within the limits established
by law; in fixing the amount in each
case attention shall be given, not
only to the mitigating and
aggravating circumstances, but more
particularly to the wealth or means of
the culprit.
Outline of this provision:
1. The court can fix any amount of the
fine within the limits established by
law.
2. The court must consider
a. The mitigating and
aggravating circumstances;
and
b. More particularly, the wealth
or means of the culprit.
The courts are not bound to divide the
amount of fine prescribed by law into
three equal portions as in the case of
imprisonment (Reyes, Book One, 2012,
p. 759).
Position and standing of the accused
may also be considered as aggravating
in some cases. (e.g. gambling) (Ibid, p.
760).
Article 67. Penalty to be imposed
when not all the requisites of
exemption of the fourth circumstance
of Article 12 are present. When all
the conditions required in
circumstances Number 4 of Article 12
of this Code to exempt from criminal
liability are not present, the penalty
of arresto mayor in its maximum
period to prision correccional in its
minimum period shall be imposed
upon the culprit if he shall have been
guilty of a grave felony, and arresto
mayor in its minimum and medium
periods, if of a less grave felony.
If all these conditions are not
present, the act should be considered
as reckless imprudence if the act is
executed without taking those
precautions or measures which the most
common prudence would require; and
simple imprudence, if it is a mere lack
of precaution in those cases where
either the threatened harm is not
imminent or the danger is not openly
visible. The case will fall under Article
365, paragraph 1. The penalty provided
in Article 67 is the same as that in
Article 365 (Ibid, p. 761).
Article 68. Penalty to be imposed
upon a person under 18 years of age.
Juvenile justice and welfare system
Serious Crimes Committed by
Children Who Are Exempt From
Criminal Responsibility A child who
is above twelve (12) years of age up to
fifteen (15) years of age and who
commits parricide, murder, infanticide,
kidnapping and serious illegal detention
where the victim is killed or raped,
robbery, with homicide or rape,
destructive arson, rape, or carnapping
where the driver or occupant is killed or
raped or offenses under Republic Act
No. 9165 (Comprehensive Dangerous
Drugs Act of 2002) punishable by more
than twelve (12) years of imprisonment,
shall be deemed a neglected child under
Presidential Decree No. 603, as
amended, and shall be mandatorily
placed in a special facility within the
youth care faculty or Bahay Pag-asa
called the Intensive Juvenile
Intervention and Support Center (IJISC)
(Section. 20-A, RA 9344, as amended
by 10630).
Automatic Suspension of Sentence
Once the child who is under eighteen
(18) years of age AT THE TIME OF
THE COMMISSION OF THE OFFENSE
is found guilty of the offense charged,
the court shall determine and ascertain
any civil liability which may have
resulted from the offense committed.
However, instead of pronouncing the
judgment of conviction, the court shall
place the child in conflict with the law
under suspended sentence, without
need of
application: Provided, however, That
suspension of sentence shall still be
applied even if the juvenile is already
eighteen years (18) of age or more at
the time of the pronouncement of
his/her guilt (Section 38, Ibid).
Discharge of the Child in Conflict
with the Law Upon the
recommendation of the social worker
who has custody of the child, the court
shall dismiss the case against the child
whose sentence has been suspended
and against whom disposition measures
have been issued, and shall order the
final discharge of the child if it finds that
the objective of the disposition
measures have been fulfilled. But this
will not affect the civil liability resulting
from the commission of the offense
(Section 39, Ibid).
Return of the Child in Conflict with
the Law to Court this is for execution
of judgment. This happens when the
court finds that: (a) the objective of the
disposition measures imposed upon the
child in conflict with the law have not
been fulfilled; or (b) if the child in conflict
with the law has wilfully failed to comply
with the conditions of his/her disposition
or rehabilitation program.
If said child in conflict with the law has
reached eighteen (18) years of age
while under suspended sentence, the
court shall: (a) determine whether to
discharge the child in accordance with
this Act, to order execution of sentence,
or (b) to extend the suspended
sentence for a certain specified period
or until the child reaches the maximum
age of twenty-one (21) years (Section
40, Ibid).

Credit in Service of Sentence The
child in conflict with the law shall be
credited in the services of his/her
sentence with the full time spent in
actual commitment and detention
under this Act (Section 41, Ibid).
Article 69. Penalty to be imposed
when the crime committed is not
wholly excusable. A penalty lower
by one or two degrees than that
prescribed by law shall be imposed if
the deed is not wholly excusable by
reason of the lack of some of the
conditions required to justify the
same or to exempt from criminal
liability in the several cases
mentioned in Article 11 and 12,
provided that the majority of such
conditions be present. The courts
shall impose the penalty in the period
which may be deemed proper, in view
of the number and nature of the
conditions of exemption present or
lacking.
Note: Unlawful aggression is
indispensable in selfdefense, defense
of relatives and defense of stranger,
without which, the offender is NOT
entitled to reduction (US vs. Navarro,
GR No. 1878, March 9, 1907).
Article 70. Successive service of
sentence. When the culprit has to
serve two or more penalties, he shall
serve them simultaneously if the
nature of the penalties will so permit
otherwise, the following rules shall
be observed:
In the imposition of the
penalties, the order of their
respective severity shall be followed
so that they may be executed
successively or as nearly as may be
possible, should a pardon have been
granted as to the penalty or penalties
first imposed, or should they have
been served out.
For the purpose of applying the
provisions of the next preceding
paragraph the respective severity of
the penalties shall be determined in
accordance with the following scale:
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual absolute disqualification,
10 Temporal absolute
disqualification.
11. Suspension from public office,
the right to vote and be voted for, the
right to follow a profession or calling,
and
12. Public censure.
Notwithstanding the provisions
of the rule next preceding, the
maximum duration of the convict's
sentence shall not be more than
three-fold the length of time
corresponding to the most severe of
the penalties imposed upon him.
No other penalty to which he
may be liable shall be inflicted after
the sum total of those imposed
equals the same maximum period.
Such maximum period shall in
no case exceed forty years.
In applying the provisions of
this rule the duration of perpetual
penalties (pena perpetua) shall be
computed at thirty years (as
amended).
NOTE: This is the case when the culprit
has to serve two or more penalties,
he shall serve them simultaneously if
the nature of the penalties will so
permit.
Otherwise, the order of their severity
(under this article) shall be followed so
that they may executed successively.
Destierro CANNOT be served
simultaneously with imprisonment. The
penalties consisting in deprivation of
liberty cannot be served simultaneously
by reason of the nature of such
penalties (Boado, 2012, p. 297).
THREEFOLD RULE the maximum
duration of the convicts sentence
shall NOT be more than three times
the length of time corresponding the
most severe of the penalties imposed
upon him.
How is threefold penalty computed?
1. Get the most severe penalty
imposed following Article 70
2. Multiply by 3 the duration of the most
severe penalty
3. Add the duration of all the different
sentences
4. Compare the results of steps 2 and 3
5. The accused to serve the lesser
period which in no case shall
exceed 40 years (Ibid, p. 298). If is
exceeds 40 years, the penalty to be
served is the maximum of 40 years
only
When the penalty is indeterminate,
how is the threefold penalty
computed? It is three times the
indeterminate sentence also. For
instance, in the service of 12 penalties
meted to defendant, the maximum
penalty that he should serve is three
times the indeterminate of 12 years to
17 years, or 36 years to 51 years. The
maximum duration of his sentence
should not exceed 40 years (People vs.
Sendaydiego, GR Nos. L3325254,
January 20, 1978).
Different systems of penalty:
a. The Material Accumulation
System established no limitation
whatsoever and, accordingly, all the
penalties for all the violations were
imposed even if they reached
beyond the natural span of human
life. Paragraphs 1, 2, 3 of Article 70
follow this system.
b. The Juridical Accumulation
System The service of the several
penalties imposed on one and the
same culprit is limited to NOT more
than three-fold the length of time
corresponding to the most severe
and in no case to exceed 40 years.
Paragraphs 4, 5, 6 of Article are in
accordance with this system.
c. The Absorption System The
lesser penalties are absorbed by the
graver penalties. It is observed the
imposition of the penalty in complex
crimes (Article 48), continuing
crimes, and specific crimes like
robbery with homicide, etc (Boado,
2012, p. 774).
Article 71. Graduated scales. In the
case in which the law prescribed a
penalty lower or higher by one or
more degrees than another given
penalty, the rules prescribed in
Article 61 shall be observed in
graduating such penalty.
 The lower or higher penalty
shall be taken from the graduated
scale in which is comprised the given
penalty.
The courts, in applying such
lower or higher penalty, shall observe
the following graduated scales:
SCALE NO. 1
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Destierro,
8. Arresto menor,
9. Public censure,
10. Fine.
SCALE NO. 2
1. Perpetual absolute disqualification,
2. Temporal absolute disqualification
3. Suspension from public office, the
right to vote and be voted for, the
right to follow a profession or calling,
4. Public censure,
5. Fine.
Note: Apply this article in determining
the proper degree where the law
prescribes a penalty lower or higher by
two or more degrees than another given
penalty.
What is the effect of RA 9346 as to
the scale of penalty under this
article? RA 9346 has expressly
repealed all provisions of law in so far
as they apply or impose the death
penalty. Thus, it has in effect deleted the
penalty of death under the scales of
penalty provided in the RPC. Hence, its
effect is to reckon the lower degree of
penalty for accomplices and accessories
from the penalty actually imposed. For
instance, for qualified rape punishable
with death originally, the penalty on the
principal under the amendatory law shall
be reclusion perpetua; for the
accomplice, it shall be reclusion
temporal and for the accessory, prison
mayor (Boado, 2012, p. 301).
Must destierro be applied only when
it is specifically imposed by law?
No. Destierro may be imposed when it is
the penalty next lower and the
circumstances require the imposition of
a penalty one degree lower (Reyes,
Book One, 2012, p. 778).
Destierrro is not a higher penalty than
arresto mayor which is imprisonment or
complete deprivation of liberty whereas
destierro means banishment or only a
prohibition from residing within a radius
of 25 kilometers from the actual
residence of the accused for a special
length of time. The respective severities
of arresto mayor and destierro must not
be judged by the duration of each of
these penalties, but by the degree of
deprivation of liberty involved.
Penologists have always considered
destierro ligther than arresto mayor. In
the graduated scale of Article 71 the
lawmaker had placed destierro below
arresto mayor. There is, therefore, no
basis in fact or in law for holding that
destierro is a higher penalty than arresto
mayor and that an offense penalized
with destierro, falls under the jurisdiction
of the court of first instance (Duarte, GR
No. 88232, February 26, 1990).
Articles 25, 70 and 71, compared
Under Article 25, penalties are
classified into (1) principal and (2)
accessory penalties. The principal
penalties are subdivided into capital,
afflictive, correctional, and light.
Article 70 classifies the penalties,
for the purpose of the successive
service of sentences, according to their
severity.
Article 71 provides for the scale
which should be observed in graduating
the penalties in degrees in accordance
with Article 61. Note that in Article 71,
destierro is place under above arresto
meno. The reason for this is that
destierro, being classified as a
correctional penalty, is higher tan
arresto menor, a light penalty. Article 71,
par. 2 speaks of lower or higher
penalty. Article 70 speaks of severity.
Under Article 70, destierro is
placed under arresto menor, according
to their respective severity. Destierro is
considered lighter than arresto menor.
Under Article 25, destierro is placed
above arresto menor, because it is
classified as correctional penalty.
In Article 71, different principal
penalties provided for in Article 25 are
classified and grouped into two
graduated scales. Under Scale No. 1, all
personal penalties, such as deprivation
of life and liberty, are grouped together.
Under Scale No. 2 are grouped all
penalties consisting in deprivation of
political rights (Reyes, Book One, 2012,
p. 779).
Article 72. Preference in the payment
of the civil liabilities. The civil
liabilities of a person found guilty of
two or more offenses shall be
satisfied by following the
chronological order of the dates of
the judgments rendered against him,
beginning with the first in order of
time.
Note: The order of payment of civil
liabilities is not based on the dates of
the commission of the offense, instead,
it is satisfied by following the
chronological order of the dates of the
final judgments (Ibid, p. 780).
Article 73. Presumption in regard to
the imposition of accessory
penalties. Whenever the courts
shall impose a penalty which, by
provision of law, carries with it other
penalties, according to the
provisions of Articles 40, 41, 42, 43
and 44 of this Code, it must be
understood that the accessory
penalties are also imposed upon the
convict.
Note: The accessory penalties provided
for in Articles 40 to 45 are deemed
imposed by the courts without the
necessity of making an express
pronouncement of their imposition (Ibid,
pp. 780781).
Subsidiary imprisonment is not
an accessory penalty and therefore, the
judgment of conviction must expressly
state that the offender shall suffer the
subsidiary imprisonment in case of
insolvency (Ibid, citing People vs.
Fajardo, 65 Phil 539).
Article 74. Penalty higher than
reclusion perpetua in certain cases.
In cases in which the law
prescribes a penalty higher than
another given penalty, without
specially designating the name of the
former, if such higher penalty should
be that of death, the same penalty
and the accessory penalties of Article
40, shall be considered as the next Prision 6 years 6 years 8 years 10
mayor, and 1 and 1 and 1 years
higher penalty. absolute day to day to 8 day to and 1
disqualificatio 12 years. 10 day to
n and special years. years. 12
Article 75. Increasing or reducing the temporary years.
penalty of fine by one or more disqualificatio
n
degrees. Whenever it may be
necessary to increase or reduce the Prision 6 6 2 4
correccional, month months years, years,
penalty of fine by one or more suspension s and 1 and 1 4 2
degrees, it shall be increased or and destierro day to day to 2 month month
6 years s and 1 s and 1
reduced, respectively, for each years. and 4 day to day to
degree, by one-fourth of the months. 4 years 6
and 2 years.
maximum amount prescribed by law, month
without however, changing the s.
Arresto 1 1 to 2 2 4
minimum. mayor month months. month month
The same rules shall be and 1 s and 1 s and 1
day to day to day to
observed with regard of fines that do 6 4 6
not consist of a fixed amount, but are month month month
s. s. s.
made proportional. Arresto From 1 1 to 10 11 to 21 to
menor to 30 days. 20 30
days. days. days.
Note: Fines are also graduated into
degrees for the imposition of the proper
Article 77. When the penalty is a
amount of the fine on accomplices and
complex one composed of three
accessories or on the principals in
distinct penalties. In cases in
frustrated or attempted felonies (Ibid, p.
which the law prescribes a penalty
782).
composed of three distinct penalties,
each one shall form a period; the
Article 76. Legal period of duration of
lightest of them shall be the minimum
divisible penalties. The legal
the next the medium, and the most
period of duration of divisible
severe the maximum period.
penalties shall be considered as
Whenever the penalty prescribed
divided into three parts, forming
does not have one of the forms
three periods, the minimum, the
specially provided for in this Code,
medium, and the maximum in the
the periods shall be distributed,
manner shown in the following table:
applying by analogy the prescribed
Penalties Full Minimu Mediu Max rules.
Period m m
Reclusion 12 12 years 14 17
Temporal years and 1 years, years, Complex Penalty it is a penalty
and 1 day to 8 4 prescribed by law composed of three
day to 14 years month month
20 and 8 s, 1 s and 1 distinct penalties, each forming a period;
years months day to day to the lightest of them shall be the
17 20
years years minimum the next shall be the medium,
and 4 and the most severe shall be the
month
s maximum period (e.g. Reclusion
temporal to death = maximum is death,
medium is reclusion perpetua, and
minimum is reclusion temporal).
 there is a Courts are given
Whenever the penalty prescribed does privileged discretion in the
NOT have one of the forms specially mitigating imposition of the
provided for in this Code, the periods circumstance, so indeterminate
shall be distributed, applying by analogy that the penalty penalty. The
the prescribed rules. has to be lowered aggravating and
by one degree, the mitigating
Act No. 4103, as amended by Act No. STARTING POINT circumstances are
4425 INDETERMINATE SENTENCE for determining the not considered
LAW (or commonly known as ISLAW) minimum term of unless the special
the indeterminate law adopts the
Indeterminate Sentence Law (ISLAW) penalty is the same terminology
it is a law which modified the penalty lower than for penalties as
imposition of penalties under the RPC that prescribed by those used in the
and special laws. The courts are the Code for the RPC
mandated in imposing a sentence to fix offense
a minimum and a maximum period of
penalty. The minimum sentence must ISLAW is mandatory; however, this
be served and thereupon, the convict Act shall NOT apply to:
becomes eligible for parole. When a. persons convicted of offenses
released, he is not actually discharged punished with death penalty or
for the rest of his sentence is served out life-imprisonment;
of prison under the supervision of a b. those convicted of treason,
parole officer (Boado, 2012, p. 306). conspiracy or proposal to commit
treason;
PENALTY IS PENALTY IS c. those convicted of misprision of
IMPOSED BY IMPOSED BY treason, rebellion, sedition or
RPC ISLAW espionage;
Maximum Term d. those convicted of piracy;
That which could Must not exceed e. those who are habitual
be properly the maximum term delinquents;
imposed under the fixed by said law f. those who have escaped from
RPC, considering confinement or evaded sentence;
the aggravating g. those who having been granted
and mitigating conditional pardon by the Chief
circumstances Executive shall have violated the
Minimum Term terms thereof,
Within the range of Must not be less h. those whose maximum term of
the penalty one than the minimum imprisonment does NOT exceed
degree lower than term prescribed by one year
that prescribed by the same i. those already sentenced by final
the RPC, without judgment at the time of approval
considering Note: It is anything
the of this Act (Section 2, Act 4103).
circumstances within the inclusive
range of the How does the law operate?
Note: BUT when prescribed penalty.
 a. The sentence must state: Within
the range of (for instance) prision
mayor as minimum, and within
the range of reclusion temporal
as maximum. This is necessary
because of the accessory
penalties
b. The maximum period is
determined by considering the
presence of modifying
circumstances applying the rules
of Article 64. Privileged mitigating
circumstances must first be
considered before applying the
said rules.
c. The minimum is fixed at one
degree lower than that provided
by the RPC. The minimum is
within the whole range of next
lower penalty; not necessarily in
the same period as the maximum
penalty. In other words, the
period of the minimum and the
maximum penalty need not be
the same (Boado, 2012, p. 310).
Rules for application procedure when
crime is punished by RPC:
a. Determine the crime and penalty
imposable
b. Should there be a privileged
mitigating circumstance, i.e. if the
offender is under 18 years of age
under Article 68, if the crime
committed is not wholly
excusable under Article 69, and if
there are two or more ordinary
mitigating circumstances and no
aggravating circumstance under
par. 5 of Article 64, this must
considered first to get the
PROPER DEGREE
c. Derive MINIMUM TERM by
getting the penalty one degree
lower than the penalty prescribed
by the RPC, WITHOUT regard to
its three periods. The court has
discretion to fix as the minimum
term any period of imprisonment
within that penalty next lower to
the penalty prescribed.
d. Derive MAXIMUM TERM
imposable by applying rules for
aggravating (AC) and ordinary
mitigating circumstance (MC)
under Article 64, and the complex
crimes under Article 48.
i. No AC or MC, or the
circumstances were offset:
Medium Period
ii. One AC, No MC:
Maximum Period
iii. No AC, One MC: Minimum
Period
iv. Several AC and MC:
Offset, then apply rules to
remainder.
v. No AC, two or more MC:
Next lower in degree to
that prescribed
vi. Complex crime: Penalty
for Most Serious Crime
vii. With privileged mitigating
and ordinary mitigating:
Lower first the penalty
prescribed by the Code by
one degree for the
maximum of the
indeterminate sentence,
and then, penalty next
lower will be the minimum
viii. Two privileged mitigating
and ordinary mitigating
circumstance: to get the
maximum of the
indeterminate sentence, it
should be lowered by two
degrees first and later
shall be imposed in the
minimum period
Note: The modifying circumstances are
considered only in the imposition of the
maximum term of the indeterminate
sentence (They are not considered in
fixing the minimum (People vs. Dela
Joya, GR No. L6587, January 27,
1956).
Rules for application procedure when
crime is punished by special law:
Maximum Term: Court may fix any as
long as it does NOT exceed the penalty
prescribed by the special law.
Minimum Term: Court has discretion so
long as it does NOT exceed the
minimum prescribed by the special law.
Note: the basis of the application of the
ISLAW is the penalty actually imposed
and not that imposable by law; no
modifying circumstance is taken into
account, unless specially provided by
the law
Parole is the suspension of the
sentence of a convict after serving the
minimum term of the indeterminate
penalty, without granting a pardon,
prescribing the term upon which the
sentence shall be suspended.
Release of the Prisoner on Parole
The Board of Pardons and Parole may
authorize the release of a prisoner on
parole, after he shall have served the
minimum penalty imposed on,
PROVIDED that:
a. Such prisoner is fitted by his
training for release;
b. There is reasonable probability
that he will live and remain at
liberty without violating the law;
c. Such release will not be
incompatible with the welfare of
the society (Section 5, Act
4103).
Entitlement to Final Release and
Discharge
If during the period of surveillance such
paroled prisoner shall:
a. Show himself to be a lawabiding
citizen and
b. Shall not violate any law, the
Board may issue a final
certification in his favor, for his
final release and discharge
(Section 6, Ibid).
Sanction for Violation of Conditions
of the Parole
When the paroled prisoner shall violate
any of the conditions of his parole:
a. The Board may issued an order
for his arrest, and thereafter,
b. The prisoner shall serve the
remaining unexpired portion of
the maximum sentence for which
he has originally committed to
prison (Section 8, Ibid).
EXECUTION AND SERVICE
Presidential Decree No. 968
PROBATION LAW
Probation is a disposition under which
a defendant, after conviction and
sentence, is released subject to
condition imposed by the court and to
the supervision of a probation officer
(Section 3[a], PD 968).
Three-fold purpose of PD 968
i. Promote the correction and
rehabilitation of an offender by
providing him with individualized
treatment;
ii. Provide an opportunity for the
reformation of a penitent offender
which might be less probable if
he were a prison sentence;
 iii. Prevent the commission of
offenses (Section 2, Ibid).
Application
This shall apply to all offenders, except
those entitled to benefit under the Child
and Youth Welfare Code (PD No. 603)
and similar laws (Section 1, Ibid). May
be granted even if the sentence is fine
only, but with subsidiary imprisonment in
case of insolvency.
Where and When to File the
Application
An application for probation shall be
filed by the defendant with the trial court
within the period for perfecting an
appeal (Section 4, Ibid).
Note: No application for probation shall
be entertained or granted if the
defendant has perfected an appeal from
the judgment of conviction.
Effects of Filing and Grant/Denial of
Application
i. Upon filing, the court shall
suspend the execution of
sentence.
ii. Filing of application for probation
operates as a waiver of the right
to appeal
iii. The order granting or denying
probation shall not be appealable
(Ibid)
Note: It is not a final judgment
but an interlocutory judgment in the
nature of a conditional order placing the
convicted defendant under the
supervision of the court for his
reformation, to be followed by a final
judgment of discharge, if the conditions
of the probation are complied with, or by
a final judgment of sentence if the
conditions are violated (Baclayon vs.
Mutia, GR No. L59298, April 30,
1984).
iv. Accessory penalties are deemed
suspended once probation is
granted
v. Civil liability is not affected by the
suspension of the sentence
imposed on the accused who is
granted probation; court must
hear the civil aspect (Castillo vs.
Donato, GR No. L70230, June
24, 1985).
Postsentence Investigation
The convict is not immediately placed
on probation. There shall be prior
investigation by the probation officer and
a determination by the court. He may,
however, be released under his bail filed
in the criminal case or on recognizance
(Section 6 and 7, PD 968).
Criteria of placing an offender on
probation
The court shall consider:
i. All information relative to the
character, antecedents,
environment, mental, and
physical condition of the offender;
and
ii. Available institutional and
community resources (Section 8,
Ibid).
Probation shall be denied if the court
finds that:
i. The offender is in need of
correctional treatment that can be
provided most effectively by his
commitment to an institution;
ii. There is undue risk that during
the period of probation the
offender will commit another
crime;
 iii. Probation will depreciate the
seriousness of the offense
committed (Ibid).
Disqualified offenders
a. Sentenced to a maximum term of
imprisonment of more than 6
years;
b. Convicted of subversion or any
crime against national security or
public order;
c. Previously convicted by final
judgment of an offense punished
by imprisonment of not less than
one month and one day and/or
fine of not more than P200;
d. Those who have once been on
probation;
e. Those who are already serving
sentence at the time the
substantive provisions of the
Decree became applicable
pursuant to Section 33 thereof;
f. Those convicted of drug
trafficking or drug pushing
(Section 24, RA 9165);
g. Convicted of election offenses
under the Omnibus Election
Code (Section 261)
Conditions of probation
a. Mandatory or general conditions:
once violated, the probation is
cancelled. They are
i. Present himself to the
probation officer designated is
undertake his supervision at
such place as may be
specified in the order within
72 hours from receipt of said
order.
ii. Report to the probation officer
at least once a month at such
time and place as specified by
said officer (Section 10, PD
968).
b. Special or discretionary conditions:
additional conditions listed, which the
courts may additionally impose on
the probationer towards his
correction and rehabilitation outside
prison (Ibid)
(a) present himself to the probation
officer designated to undertake his
supervision at such place as may be
specified in the order within seventy-
two hours from receipt of said order;
(b) report to the probation officer at
least once a month at such time and
place as specified by said officer.
The court may also require the
probationer to:
(a) cooperate with a program of
supervision;
(b) meet his family responsibilities;
(c) devote himself to a specific
employment and not to change said
employment without the prior written
approval of the probation officer;
(d) undergo medical, psychological
or psychiatric examination and
treatment and enter and remain in a
specified institution, when required
for that purpose;
(e) pursue a prescribed secular study
or vocational training;
(f) attend or reside in a facility
established for instruction, recreation
or residence of persons on
probation;
(g) refrain from visiting houses of ill-
repute;
(h) abstain from drinking intoxicating
beverages to excess;
(i) permit the probation officer or an
authorized social worker to visit his
home and place of work;
(j) reside at premises approved by it
and not to change his residence
without its prior written approval; or
(k) satisfy any other condition related
to the rehabilitation of the defendant
and not unduly restrictive of his
liberty or incompatible with his
freedom of conscience (Ibid).
Note: However, the enumeration is not
inclusive. Probation statues are liberal in
character and enable the courts to
designate practically any term it
chooses, as long as the probationers
constitutional rights are not jeopardized.
Also, they must not be unduly restrictive
of probationer, and not incompatible
with freedom of conscience of
probationer (Baclayon vs. Mutia, GR
No. L59298, April 30, 1984).
accused may file a petition of
certiorari.
c. If revoked, the probationer shall
serve the sentence originally
imposed (Section 15, Ibid).
Termination of probation
The court may order the final discharge
of the probationer, upon finding that, he
has fulfilled the terms and conditions of
his probation (Section 16, Ibid).
Effects of termination of probation
a. The case is deemed terminated.
b. Restoration of all civil rights lost or
suspended.
c. Fully discharges liability for any fine
imposed.

Period of probation Note: The mere expiration of the period

a. If the probationer has been for probation does NOT ipso facto
sentenced to an imprisonment of not terminate the probation. Probation is
more than one year, the probation NOT co-terminus with its period. There
shall not exceed two years. must be an order issued by the court
b. In all other cases, if he is sentenced discharging the probationer (Bala vs.
to more than one year, probation Martinez, GR No. 67301, January 29,
shall not exceed six years. 1990).
c. In case the penalty is fine only and
the offender is made to serve Distinguish Probation and
subsidiary imprisonment, the Indeterminate Sentence Law
probation shall be twice the total PROBATION ISLAW
number of days of the subsidiary Sentence must not Maximum period of
imprisonment (Section 14, PD 968) be more than 6 the sentence must
years be more than 1
Arrest of probationer and subsequent year
dispositions Penalty either Imprisonment only
a. At any time during probation, the imprisonment or
court may issue a warrant for the fine
arrest of a probationer for any Sentence is Need for the
serious violation of the conditions of suspended minimum to be
probation. served
b. If violation is established, the court Appeal forecloses Appeal has no
may (a) revoke his probation or (b) probation effect on the
continue his probation, and modify operation of
the conditions thereof. This order is ISLAW
NOT appealable. However, the Available only Every time as long
once as offender is not
 disqualified
A privilege; convict Mandatory; convict
must apply for it need not apply for
it
(Boado, 2012, p. 322)
Juvenile justice and welfare system
Initial Contact With the Child:
Procedure for Taking the Child into
Custody From the moment a child is
taken into custody, the law enforcement
officer shall:
1. Explain to the child in simple
language and in a dialect that he/she
can understand why he/she is being
placed under custody and the
offense that he/she allegedly
committed;
2. Inform the child of the reason for
such custody and advise the child of
his/her constitutional rights in a
language or dialect understood by
him/her;
3. Properly identify himself/herself and
present proper identification to the
child;
4. Refrain from using vulgar or profane
words and from sexually harassing
or abusing, or making sexual
advances on the child in conflict with
the law;
5. Avoid displaying or using any
firearm, weapon, handcuffs or other
instruments of force or restraint,
unless absolutely necessary and
only after all other methods of control
have been exhausted and have
failed;
6. Refrain from subjecting the child in
conflict with the law to greater
restraint than is necessary;
7. Avoid violence or unnecessary force;
8. Determine the age of the child;
9. Immediately but not later than eight
(8) hours after apprehension, turn
over custody of the child to the
Social Welfare and Development
Office or other accredited NGOs,
and notify with the childs
apprehension;
The social welfare and
development office shall explain to the
child and the childs parents/guardians
the consequences of the childs act with
a view towards counselling and
rehabilitation, diversion from the criminal
justice system, and reparation, if
appropriate.
10. Take the child immediately to the
proper medical and health officer for
a thorough physical and mental
examination. The examination
results shall be kept confidential
unless otherwise ordered by the
Family Court.
11. Ensure that should detention of the
child in conflict with the law be
necessary, the child shall be secured
in quarters separate from that of the
opposite sex and adult offenders;
12. Record the following in the initial
investigation:
a. Whether handcuffs or other
instruments of restraint were
used, and if so, the reason for
such;
b. That the parents or guardian
of a child, the DSWD, and the
PA0 have been informed of
the apprehension and the
details thereof; and
c. The exhaustion of measures
to determine the age of a child
and the precise details of the
physical and medical
examination or the failure to
submit a child to such
examination
13. Ensure that all statements signed by
the child during investigation shall be
witnessed by the childs parents or
 guardian, social worker, or legal
counsel in attendance who shall affix
his/her signature to the said
statement.
Note: A child in conflict with the law
shall only be searched by a law
enforcement officer of the same gender
and shall not be locked up in a detention
cell (Section 21, RA 9344).
Duties During Initial Investigation
The law enforcement officer shall, in
his/her investigation, determine where
the case involving the child in conflict
with the law should be referred.
The taking of the statement of the child
shall be conducted in the presence of
the following:
(a) childs counsel of choice or in the
absence thereof, a lawyer from the
Public Attorneys Office;
(b) the childs parents, guardian, or
nearest relative, as the case may be;
(c) the local social welfare and
development officer; and
(d) in the absence of the second and
third, in the presence of a representative
of an NGO, religious group, or member
of the BCPC.
After the initial investigation, the local
social worker conducting the same may
do either of the following:
(a) Proceed in accordance with Section
20 if the child is fifteen (15) years or
below or above fifteen (15) but below
eighteen (18) years old, who acted
without discernment; and
(b) If the child is above fifteen (15) years
old but below eighteen (18) and who
acted with discernment, proceed to
diversion under the following chapter
(Section 22, Ibid).
System of Diversion Children in
conflict with the law shall undergo
diversion programs without undergoing
court proceedings subject to the
conditions herein provided:
(a) Where the imposable penalty for
the crime committed is not more than
six (6) years imprisonment, the law
enforcement officer or Punong
Barangay with the assistance of the
local social welfare and development
officer or other members of the LCPC
shall conduct mediation, family
conferencing and conciliation and,
where appropriate, adopt indigenous
modes of conflict resolution in
accordance with the best interest of the
child with a view to accomplishing the
objectives of restorative justice and the
formulation of a diversion program. The
child and his/her family shall be present
in these activities.
(b) In victimless crimes where the
imposable penalty is not more than
six (6) years imprisonment, the local
social welfare and development officer
shall meet with the child and his/her
parents or guardians for the
development of the appropriate
diversion and rehabilitation program, in
coordination with the BCPC;
(c) Where the imposable penalty for
the crime committed exceeds six (6)
years imprisonment, diversion
measures may be resorted to only by
the court (Section 23, Ibid).
Stages Where Diversion May be
Conducted Diversion may be
conducted at: (a) he Katarungang
Pambarangay, (b) the police
investigation or (c) the inquest or
preliminary investigation stage and (d)
at all levels and phases of the
proceedings including judicial level
(Section 24, Ibid).
Conferencing, Mediation and
Conciliation a child in conflict with
law may be subjected to these
proceedings outside the criminal justice
system or prior to his entry into said
system. A contract of diversion may be
entered into during such conferencing,
mediation or conciliation proceedings
(Section 25, Ibid).
Contract of Diversion If during the
conferencing, mediation or conciliation,
the child voluntarily admits the
commission of the act, a diversion
program shall be developed when
appropriate and desirable as determined
under Section 30. Such admission shall
not be used against the child in any
subsequent judicial, quasi-judicial or
administrative proceedings. The
diversion program shall be effective and
binding if accepted by the parties
concerned.
xxx The diversion proceedings shall
be completed within forty-five (45)
days. The period of prescription of
the offense shall be suspended until
the completion of the diversion
proceedings, but not to exceed forty-
five (45) days.
The child shall present himself/herself to
the competent authorities that imposed
the diversion program at least once a
month for reporting and evaluation of
the effectiveness of the program.
Failure to comply with the terms and
conditions of the contract of diversion,
as certified by the local social welfare
and development officer, shall give the
offended party the option to institute the
appropriate legal action.
The period of prescription of the
offense shall be suspended during
the effectivity of the diversion
program, but not exceeding a period
of two (2) years (Section 26, Ibid).
Diversion Measures Before arraign
of the child in conflict with the law, the
court shall the appropriateness of
diversion where the maximum penalty
imposed by law for the offense with
which the child in conflict with the law is
charged is imprisonment of not more
than twelve (12) years, regardless of
the fine or fine alone regardless of the
amount (Section 37, Ibid).
Automatic Suspension of Sentence
Once the child who is under eighteen
(18) years of age AT THE TIME OF
THE COMMISSION OF THE OFFENSE
is found guilty of the offense charged,
the court shall determine and ascertain
any civil liability which may have
resulted from the offense committed.
However, instead of pronouncing the
judgment of conviction, the court shall
place the child in conflict with the law
under suspended sentence, without
need of
application: Provided, however, That
suspension of sentence shall still be
applied even if the juvenile is already
eighteen years (18) of age or more at
the time of the pronouncement of
his/her guilt (Section 38, Ibid).
Discharge of the Child in Conflict
with the Law Upon the
recommendation of the social worker
who has custody of the child, the court
shall dismiss the case against the child
whose sentence has been suspended
and against whom disposition measures
have been issued, and shall order the
final discharge of the child if it finds that
the objective of the disposition
measures have been fulfilled. But this
will not affect the civil liability resulting
from the commission of the offense
(Section 39, Ibid).
Return of the Child in Conflict with
the Law to Court this is for execution
of judgment. This happens when the
court finds that: (a) the objective of the
disposition measures imposed upon the
child in conflict with the law have not
been fulfilled; or (b) if the child in conflict
with the law has wilfully failed to comply
with the conditions of his/her disposition
or rehabilitation program.
If said child in conflict with the law has
reached eighteen (18) years of age
while under suspended sentence, the
court shall: (a) determine whether to
discharge the child in accordance with
this Act, to order execution of sentence,
or (b) to extend the suspended
sentence for a certain specified period
or until the child reaches the maximum
age of twenty-one (21) years (Section
40, Ibid).
Credit in Service of Sentence The
child in conflict with the law shall be
credited in the services of his/her
sentence with the full time spent in
actual commitment and detention
under this Act (Section 41, Ibid).
Probation as an Alternative to
Imprisonment The court may, after it
shall have convicted and sentenced a
child in conflict with the law, and upon
application at any time, place the child
on probation in lieu of service of his/her
sentence taking into account the best
interest of the child (Section 42, Ibid).
Article 78. When and how a penalty is
to be executed. No penalty shall be
executed except by virtue of a final
judgment.
A penalty shall not be executed in
any other form than that prescribed
by law, nor with any other
circumstances or incidents than
those expressly authorized thereby.
In addition to the provisions of the
law, the special regulations
prescribed for the government of the
institutions in which the penalties are
to be suffered shall be observed with
regard to the character of the work to
be performed, the time of its
performance, and other incidents
connected therewith, the relations of
the convicts among themselves and
other persons, the relief which they
may receive, and their diet.
The regulations shall make provision
for the separation of the sexes in
different institutions, or at least into
different departments and also for
the correction and reform of the
convicts.
Article 79. Suspension of the
execution and service of the
penalties in case of insanity. When
a convict shall become insane or an
imbecile after final sentence has
been pronounced, the execution of
said sentence shall be suspended
only with regard to the personal
penalty, the provisions of the second
paragraph of circumstance number 1
of Article 12 being observed in the
corresponding cases.
If at any time the convict shall
recover his reason, his sentence
shall be executed, unless the penalty
shall have prescribed in accordance
with the provisions of this Code.
The respective provisions of this
section shall also be observed if the
insanity or imbecility occurs while
the convict is serving his sentence.
Article 80 Repealed by PD 603
Article 81. When and how the death
penalty is to be executed. The
death sentence shall be executed
with reference to any other and shall
consist in putting the person under
sentence to death by electrocution.
The death sentence shall be executed
under the authority of the Director of
Prisons, endeavoring so far as
possible to mitigate the sufferings of
the person under sentence during
electrocution as well as during the
proceedings prior to the execution.
If the person under sentence so
desires, he shall be anaesthetized at
the moment of the electrocution.
Article 82. Notification and execution
of the sentence and assistance to the
culprit. The court shall designate a
working day for the execution but not
the hour thereof; and such
designation shall not be
communicated to the offender before
sunrise of said day, and the
execution shall not take place until
after the expiration of at least eight
hours following the notification, but
before sunset. During the interval
between the notification and the
execution, the culprit shall, in so far
as possible, be furnished such
assistance as he may request in
order to be attended in his last
moments by priests or ministers of
the religion he professes and to
consult lawyers, as well as in order to
make a will and confer with members
of his family or persons in charge of
the management of his business, of
the administration of his property, or
of the care of his descendants.
Article 83. Suspension of the
execution of the death sentence.
The death sentence shall not be
inflicted upon a woman within the
three years next following the date of
the sentence or while she is
pregnant, nor upon any person over
seventy years of age. In this last
case, the death sentence shall be
commuted to the penalty of reclusion
perpetua with the accessory
penalties provided in Article 40.
Article 84. Place of execution and
persons who may witness the same.
The execution shall take place in
the penitentiary of Bilibid in a space
closed to the public view and shall be
witnessed only by the priests
assisting the offender and by his
lawyers, and by his relatives, not
exceeding six, if he so request, by
the physician and the necessary
personnel of the penal establishment,
and by such persons as the Director
of Prisons may authorize.
Article 85. Provisions relative to the
corpse of the person executed and
its burial. Unless claimed by his
family, the corpse of the culprit shall,
upon the completion of the legal
proceedings subsequent to the
execution, be turned over to the
institute of learning or scientific
research first applying for it, for the
purpose of study and investigation,
provided that such institute shall take
charge of the decent burial of the
remains. Otherwise, the Director of
Prisons shall order the burial of the
body of the culprit at government
expense, granting permission to be
present thereat to the members of the
family of the culprit and the friends of
the latter. In no case shall the burial
of the body of a person sentenced to
death be held with pomp.
Article 86. Reclusion perpetua,
reclusion temporal, prision mayor,
prision correccional and arresto
mayor. The penalties of reclusion
perpetua, reclusion temporal, prision
mayor, prision correccional and
arresto mayor, shall be executed and
served in the places and penal
establishments provided by the
Administrative Code in force or
which may be provided by law in the
future.
What is the constitutional policy on
penalty as a whole? No excessive
fines or cruel or inhuman punishment
shall be imposed. xxx it was thus seen
as an obstacle to experimentation in
penology. Consequently, the Committee
reported out the present text which
prohibits cruel, degrading, or inhuman
punishment as more consonant with the
meaning desired and with jurisprudence
on the subject (Boado, 2012, p. 326,
citing Echegaray vs. Secretary of
Justice).
Article 87. Destierro. Any person
sentenced to destierro shall not be
permitted to enter the place or places
designated in the sentence, nor
within the radius therein specified,
which shall be not more than 250 and
not less than 25 kilometers from the
place designated.
This means that the convict can
go farther than the distance but not
nearer than that specified by the coirt
(Ibid)
Destierro is imposed:
i. When death or serious physical
injuries is caused or are inflicted
under exceptional circumstances
(Article 247);
ii. When a person fails to give bond
for good behavior (Article 284);
iii. As a penalty for the concubine in
the crime of concubinage (Article
334);
iv. When after lowering the penalty
by degrees, destierro is the
proper penalty.
Article 88. Arresto menor. The
penalty of arresto menor shall be
served in the municipal jail, or in the
house of the defendant himself under
the surveillance of an officer of the
law, when the court so provides in its
decision, taking into consideration
the health of the offender and other
reasons which may seem satisfactory
to it.
TITLE FOUR. MODIFICATION AND
EXTINCTION OF CRIMINAL LIABILITY
Article 89. How criminal liability is
totally extinguished. Criminal
liability is totally extinguished:
1. By the death of the convict, as to
the personal penalties and as to
pecuniary penalties, liability therefor
is extinguished only when the death
of the offender occurs before final
judgment;
2. By service of the sentence;
3. By amnesty, which completely
extinguishes the penalty and all its
effects;
4. By absolute pardon;
5. By prescription of the crime;
6. By prescription of the penalty;
7. By the marriage of the offended certain classes of persons, who are
woman, as provided in Article 344 of subject to trial but have NOT yet been
this Code. convicted. It completely extinguishes the
penalty and its effect, civil liability is
Criminal liability is totally extinguished NOT extinguished (Reyes, Book One,
2012, p. 864, citing Brown vs.
Death of the convict Article 89, par. 1 Walker).
Death before or after final judgment
criminal liability is extinguished, because Absolute Pardon Article 89, par. 4
it is personal to the offender (Reyes, Pardon it is an act of grace proceeding
Book One, 2012, p. 861). from the power entrusted with the
Death before final judgment pecuniary execution of the laws which exempts the
liabilities are extinguished individual on whom it is bestowed from
the punishment the law inflicts for the
General Rule: Death of the accused crime he has committed.
pending appeal of his conviction
extinguishes his criminal liability as well Kinds of Pardon
as civil liability based solely on the 1. Absolute pardon the total extinction
offense committed (People vs. Alison, of criminal liability of the individual to
GR No. L30612, April 27, 1972). who it is granted without any
condition. It restores to the individual
Exception: if the claim for civil liability is his civil and political rights and remits
predicated on a source of obligation the penalty imposed for the particular
other than delict, such as law, contracts, offense of which he was convicted
quasi-contracts, and quasi-delicts 2. Conditional pardon the exemption
(People vs. Bayotas, GR No. 152007, of an individual within certain limits
September 2, 1994) or conditions from the punishment
which the law inflicts for the offense
Service of the sentence Article 89, he had committed resulting in the
par. 2 partial extinction of his criminal
Crime is a debt incurred by the offender liability
as a consequence of his wrongful act
and the penalty is but the amount of his PARDON AMNESTY
debt. When payment is made, the debt Includes any crime A blanket pardon
is extinguished (Reyes, Book One, and is exercised to classes of
2012, p. 864). Service of sentence does individually by the persons or
not extinguish the civil liability (Salgado President communities who
vs. Court of Appeals, GR No. 89606, may be guilty of
August 30, 1990). political offenses
Exercised when the May be exercised
Amnesty Article 89, par. 3 person is already even before trial
It is an act of the sovereign power convicted or investigation is
granting oblivion or a general pardon for had
a past offense, and is rarely, if ever, Merely looks Looks backward
exercised in favor of a single individual, forward and and abolishes and
and is usually exerted in behalf of relieves the puts into oblivion
offender from the the offense itself; temporal shall prescribe in twenty
consequences of an it so overlooks years.
offense of which he and obliterates Crimes punishable by other afflictive
has been convicted; the offense with penalties shall prescribe in fifteen
it does not work for which he is years.
the restoration of charged that the Those punishable by a correctional
the public rights to person released penalty shall prescribe in ten years;
hold public office or by amnesty with the exception of those
the right of suffrage, stands before the punishable by arresto mayor, which
UNLESS expressly law precisely as shall prescribe in five years.
restored by the though he had The crime of libel or other similar
terms of pardon committed no offenses shall prescribe in one year.
offense The crime of oral defamation and
Private act of the Public act of slander by deed shall prescribe in six
President, must be which the courts months.
pleaded and proved should take Light offenses prescribe in two
by the person judicial notice months.
pardoned When the penalty fixed by law is a
Does NOT Does NOT compound one, the highest penalty
extinguish the civil extinguish the civil shall be made the basis of the
liability of the liability of the application of the rules contained in
offender offender the first, second and third
(Ibid, p. 866) paragraphs of this article (as
amended by RA 4661, approved June
Prescription of the crime Article 89, 19, 1966).
par. 5
It is the forfeiture or loss of the right of a. 20 years crimes punishable by
the State to prosecute the offender after death, reclusion perpetua and
the lapse of a certain time. reclusion temporal;
b. 15 years crimes punishable by
Prescription of the penalty Article other afflictive penalty;
89, par. 6 c. 10 years crimes punishable by
It is the loss or forfeiture of the right of correctional penalty;
the Government to execute the final d. 5 years crimes punishable by
sentence after the lapse of a certain arresto mayor;
time e. 1 year crimes of libel or other
similar offenses;
Marriage of the offended woman, as f. 6 months oral defamation and
provided in Article 344 of this Code slander by deed offenses;
Article 89, par. 7 i. 6 months grave slander
Marriage contracted only to avoid ii. 2 months simple slander
criminal liability is devoid of legal effects g. 2 months light offenses;
h. Crimes punishable by fines
Article 90. Prescription of crime. i. 15 years if it is affliective
Crimes punishable by death, ii. 10 years if it is
reclusion perpetua or reclusion correctional
 iii. 2 years if it light
Act No. 3326 ACT ESTABLISHING
PRESCRIPTIVE PERIODS FOR
VIOLATIONS OF SPECIAL LAWS
AND MUNICIPAL ORDINANCES, AS
AMENDED
Prescription of Violations Penalized
by Special Laws unless otherwise
provided in such acts
1. After one (1) year offenses
punished only by a fine or by
imprisonment for not more than one (1)
month, or both;
2. After four (4) years offenses
punished by imprisonment for more than
one (1), but less than two (2) years;
3. After eight (8) years offenses
punished by imprisonment for two (2)
years or more, but less than six (6)
years;
4. After twelve (12) years for any other
offense punished by imprisonment for
six (6) years or more
5. After twenty (20) years for crime of
treason
6. After five (5) years all offenses
against any law or part of law
administered by the Bureau of Internal
Revenue
7. After two (2) months violations
penalized by municipal ordinances
(Section 1, Act No. 3326).
Start of Prescription shall begin to
run from the day of the commission of
the violation of the law, and if the same
be not known at the time, from the
discovery thereof and the institution of
judicial proceedings for its investigation
and punishment.
The prescription shall be
interrupted when proceedings are
instituted against the guilty person, and
shall begin to run again if the
proceedings are dismissed for reasons
not constituting jeopardy (Section 2,
Ibid).
Article 91. Computation of
prescription of offenses. The
period of prescription shall
commence to run from the day on
which the crime is discovered by the
offended party, the authorities, or
their agents, and shall be interrupted
by the filing of the complaint or
information, and shall commence to
run again when such proceedings
terminate without the accused being
convicted or acquitted, or are
unjustifiably stopped for any reason
not imputable to him.
The term of prescription shall
not run when the offender is absent
from the Philippine Archipelago.
Situations which do NOT follow
Article 91
i. Continuing crime, because there
could no termination of continuity
and the crime does not end
(Francisco vs. Court of
Appeals, GR No. L45674, May
30, 1983)
ii. In crimes against testimony
a. If the testimony is against
the defendantfrom the
date the final judgment
was rendered;
b. If the testimony is in favor
of the defendantfrom the
date when testimony was
given (People vs. Maneja,
 GR No. 47684, June 10,
1941)
iii. Election offenses
a. If discovery of offense is
incidental to judicial
proceedings, prescription
begins when such
proceeding terminates;
b. From the date of
commission of offense
(People vs. CarioGR
No. 33413, September
16, 1931)
iv. Bigamy although marriage is
registered, prescriptive period
commences from date of
discovery (Garcia vs. Court of
Appeals, GR No. 119063,
January 27, 1997)
Article 92. When and how penalties
prescribe. The penalties imposed
by final sentence prescribe as
follows:
1. Death and reclusion perpetua, in
twenty years;
2. Other afflictive penalties, in fifteen
years;
3. Correctional penalties, in ten
years; with the exception of the
penalty of arresto mayor, which
prescribes in five years;
4. Light penalties, in one year.
Article 93. Computation of the
prescription of penalties. The
period of prescription of penalties
shall commence to run from the date
when the culprit should evade the
service of his sentence, and it shall
be interrupted if the defendant should
give himself up, be captured, should
go to some foreign country with
which this Government has no
extradition treaty, or should commit
another crime before the expiration
of the period of prescription.
Elements:
a. That the penalty is imposed by final
sentence;
b. That the convict evaded the service
of the sentence by escaping during
the term of his sentence;
c. That the convict who escaped from
prison has NOT given himself up, or
been captured, or gone to a foreign
country with which we have no
extradition treaty, or committed
another crime;
d. That the penalty has prescribed,
because of the lapse of time from the
date of the evasion of the service of
the sentence by the convict.
20 years death and reclusion
perpetua;
15 years other afflictive penalties;
10 years correctional penalties;
5 years arresto mayor;
1 year light penalties.
Note: The penalties must be imposed
by final sentence. Hence, if the convict
appealed and thereafter fled to the
mountains, the penalty imposed upon
him would never prescribe, because
pending the appeal, the sentence is not
final
The period of prescription of penalties
commences to run from the data when
the culprit evaded the service of his
sentence; It is the penalty imposed that
should be considered.
It is interrupted if the convict:
a. Gives himself up;
b. Be captured;
c. Goes to a foreign country wit which
we have no extradition treaty; or
d. Commits another crime before the provisions of the and Parole under
expiration of the period of Administrative the provision of
prescription. Code ISLAW
The period of prescription of For violation of the For violation of the
penalties shall commence to run conditional terms of the parole,
again when the convict escapes pardon, the the convict cannot
again, after having been captured convict may be be prosecuted
and returned to prison (Reyes, Book ordered rearrested under Art. 159 of
One, 2012, p. 887). or reincarcerated the RPC, he can be
by the Chief rearrested and
Article. 94. Partial extinction of Executive, or may reincarcerated to
criminal liability. Criminal liability is be prosecuted serve the unserved
extinguished partially: under Art. 159 of portion of his
1. By conditional pardon; the Code original penalty.
2. By commutation of the sentence;
and Article 95. Obligation incurred by
3. For good conduct allowances person granted conditional pardon.
which the culprit may earn while he is Any person who has been granted
undergoing preventive imprisonment conditional pardon shall incur the
or serving his sentence (as amended obligation of complying strictly with
by RA 10592). the conditions imposed therein
otherwise, his non-compliance with
Specific cases where commutation is any of the conditions specified shall
provided for by the Code result in the revocation of the pardon
a. When the convict sentenced to and the provisions of Article 159
death is over 70 years of age shall be applied to him.
(Article 83, RPC).
b. When eight justices of the Article 96. Effect of commutation of
Supreme Court fail to reach a sentence. The commutation of the
decision for the affirmance of original sentence for another of a
death penalty. different length and nature shall have
In either case, the degree of the the legal effect of substituting the
penalty is reduced from death to latter in the place of the former.
reclusion perpetua. In
commutation of sentence, Article. 97. Allowance for good
consent of the offender is not conduct. The good conduct of any
necessary. offender qualified for credit for
preventive imprisonment pursuant to
CONDITIONAL Article 29 of this Code, or of any
PAROLE
PARDON convicted prisoner in any penal
May be given at May be given after institution, rehabilitation or detention
any time after final the prisoner has center or any other local jail shall
judgment; is served the entitle him to the following
granted by the minimum penalty; deductions from the period of his
Chief Executive is granted by the sentence:
under the Board of Pardons
1. During the first two years of
imprisonment, he shall be allowed a
deduction of twenty days for each
month of good behavior during
detention;
2. During the third to the fifth year,
inclusive, of his imprisonment, he
shall be allowed a reduction of
twenty-three days for each month of
good behavior during detention;
3. During the following years until the
tenth year, inclusive, of his
imprisonment, he shall be allowed a
deduction of twenty-five days for
each month of good behavior during
detention;
4. During the eleventh and
successive years of his
imprisonment, he shall be allowed a
deduction of thirty days for each
month of good behavior during
detention; and
5. At any time during the period of
imprisonment, he shall be allowed
another deduction of fifteen days, in
addition to numbers one to four
hereof, for each month of study,
teaching or mentoring service time
rendered.
An appeal by the accused shall
not deprive him of entitlement to the
above allowances for good conduct
(as amended by RA 10592).
Article. 98. Special time allowance for
loyalty. A deduction of one fifth of
the period of his sentence shall be
granted to any prisoner who, having
evaded his preventive imprisonment
or the service of his sentence under
the circumstances mentioned in
Article 158 of this Code, gives
himself up to the authorities within 48
hours following the issuance of a
proclamation announcing the
passing away of the calamity or
catastrophe referred to in said article.
A deduction of two-fifths of the
period of his sentence shall be
granted in case said prisoner chose
to stay in the place of his
confinement notwithstanding the
existence of a calamity or
catastrophe enumerated in Article
158 of this Code.
This Article shall apply to any
prisoner whether undergoing
preventive imprisonment or serving
sentence (as amended by RA 10592).
Article 99. Who grants time
allowances. Whenever lawfully
justified, the Director of the Bureau of
Corrections, the Chief of the Bureau
of Jail Management and Penology
and/or the Warden of a provincial,
district, municipal or city jail shall
grant allowances for good conduct.
Such allowances once granted shall
not be revoked (as amended by RA
10592).
TITLE FIVE. CIVIL LIABILITY
Art. 100. Civil liability of a person
guilty of felony. Every person
criminally liable for a felony is also
civilly liable.
Civil liability exdelicto means that
every person criminally liable is also
civilly liable crime being one of the five
sources of obligation under the Civil
Code. However, if a person is acquitted
from a criminal charge, it does not mean
that he is civilly free also because
quantum of proof required in criminal
prosecution is beyond reasonable doubt
whereas, in civil liability, it is merely
preponderance of evidence (Boado,
2012, p. 351).
Effect of acquittal extinction of the
penal action does not carry with it
extinction of the civil, unless the
extinction proceeds from a declaration in
a final judgment that the fact from which
civil liability might arise did not exist.
Effect of dismissal of case the
dismissal of the information or the
criminal action does not affect the right
of the offended party to institute or
continue the civil action already
instituted arising from the offense,
because such dismissal or extinction of
the penal action does not carry with it
the extinction of the civil action (Section
3, Rule 11, ROC).
Effect of death of the offender if the
offender dies prior to the institution of
the action or prior to the finality of
judgment, civil liability exdelicto is
extinguished (De Guzman vs. People,
GR No. 154579, October 8, 2003).
Art. 101. Rules regarding civil liability
in certain cases. The exemption
from criminal liability established in
subdivisions 1, 2, 3, 5 and 6 of Article
12 and in subdivision 4 of Article 11
of this Code does not include
exemption from civil liability, which
shall be enforced subject to the
following rules:
First. In cases of subdivisions 1, 2,
and 3 of Article 12, the civil liability
for acts committed by an imbecile or
insane person, and by a person
under nine years of age, or by one
over nine but under fifteen years of
age, who has acted without
discernment, shall devolve upon
those having such person under their
legal authority or control, unless it
appears that there was no fault or
negligence on their part.
Should there be no person having
such insane, imbecile or minor under
his authority, legal guardianship or
control, or if such person be
insolvent, said insane, imbecile, or
minor shall respond with their own
property, excepting property exempt
from execution, in accordance with
the civil law.
Second. In cases falling within
subdivision 4 of Article 11, the
persons for whose benefit the harm
has been prevented shall be civilly
liable in proportion to the benefit
which they may have received.
The courts shall determine, in sound
discretion, the proportionate amount
for which each one shall be liable.
When the respective shares cannot
be equitably determined, even
approximately, or when the liability
also attaches to the Government, or
to the majority of the inhabitants of
the town, and, in all events, whenever
the damages have been caused with
the consent of the authorities or their
agents, indemnification shall be
made in the manner prescribed by
special laws or regulations.
Third. In cases falling within
subdivisions 5 and 6 of Article 12, the
persons using violence or causing
the fears shall be primarily liable and
secondarily, or, if there be no such
persons, those doing the act shall be
liable, saving always to the latter that
part of their property exempt from
execution.
A person insane, imbecile, minor
(Article 12, nos. 1, 2 and 3):
1. Primary liability is on the person
who has control or authority over
them, unless he is without fault or
negligence;
 2. Secondary liability is on the
property of the minor or insane, if
there be no such person, or if he
is insolvent, except property
exempt from liability.
One who avoided a greater evil or injury
(Article 11, no. 4):
1. Primary liability is on the one who
benefited from such avoidance. If
there were several persons
benefited, the court shall
determine their proportionate
share.
In irresistible force or uncontrollable fear
(Article 12, nos. 5 and 6):
1. Primary liability is on the person
employing the force or causing
the fear;
2. Secondary liability is on the
person doing the act save for
their property exempt from the
execution
Article 102. Subsidiary civil liability of
innkeepers, tavernkeepers and
proprietors of establishments. In
default of the persons criminally
liable, innkeepers, tavernkeepers,
and any other persons or
corporations shall be civilly liable for
crimes committed in their
establishments, in all cases where a
violation of municipal ordinances or
some general or special police
regulation shall have been committed
by them or their employees.
Innkeepers are also subsidiarily
liable for the restitution of goods
taken by robbery or theft within their
houses from guests lodging therein,
or for the payment of the value
thereof, provided that such guests
shall have notified in advance the
innkeeper himself, or the person
representing him, of the deposit of
such goods within the inn; and shall
furthermore have followed the
directions which such innkeeper or
his representative may have given
them with respect to the care and
vigilance over such goods. No
liability shall attach in case of
robbery with violence against or
intimidation of persons unless
committed by the innkeeper's
employees.
Article 103. Subsidiary civil liability of
other persons. The subsidiary
liability established in the next
preceding article shall also apply to
employers, teachers, persons, and
corporations engaged in any kind of
industry for felonies committed by
their servants, pupils, workmen,
apprentices, or employees in the
discharge of their duties.
Article 104. What is included in civil
liability. The civil liability
established in Articles 100, 101, 102,
and 103 of this Code includes:
1. Restitution;
2. Reparation of the damage caused;
3. Indemnification for consequential
damages.
Article 105. Restitution; How made.
The restitution of the thing itself
must be made whenever possible,
with allowance for any deterioration,
or diminution of value as determined
by the court.
The thing itself shall be restored,
even though it be found in the
possession of a third person who has
acquired it by lawful means, saving
to the latter his action against the
proper person, who may be liable to
him.
This provision is not applicable in
cases in which the thing has been
acquired by the third person in the
manner and under the requirements
which, by law, bar an action for its
recovery.
Article 106. Reparation; How made.
The court shall determine the
amount of damage, taking into
consideration the price of the thing,
whenever possible, and its special
sentimental value to the injured
party, and reparation shall be made
accordingly.
Article 107. Indemnification; What is
included. Indemnification for
consequential damages shall include
not only those caused the injured
party, but also those suffered by his
family or by a third person by reason
of the crime.
Article 108. Obligation to make
restoration, reparation for damages,
or indemnification for consequential
damages and actions to demand the
same; Upon whom it devolves. The
obligation to make restoration or
reparation for damages and
indemnification for consequential
damages devolves upon the heirs of
the person liable.
The action to demand restoration,
reparation, and indemnification
likewise descends to the heirs of the
person injured.
Article 109. Share of each person
civilly liable. If there are two or
more persons civilly liable for a
felony, the courts shall determine the
amount for which each must
respond.
Article 110. Several and subsidiary
liability of principals, accomplices
and accessories of a felony;
Preference in payment.
Notwithstanding the provisions of the
next preceding article, the principals,
accomplices, and accessories, each
within their respective class, shall be
liable severally (in solidum) among
themselves for their quotas, and
subsidiaries for those of the other
persons liable.
The subsidiary liability shall be
enforced, first against the property of
the principals; next, against that of
the accomplices, and, lastly, against
that of the accessories.
Whenever the liability in solidum or
the subsidiary liability has been
enforced, the person by whom
payment has been made shall have a
right of action against the others for
the amount of their respective
shares.
Article 111. Obligation to make
restitution in certain cases. Any
person who has participated
gratuitously in the proceeds of a
felony shall be bound to make
restitution in an amount equivalent to
the extent of such participation.
Article 112. Extinction of civil liability
Civil liability established in
Articles 100, 101, 102, and 103 of this
Code shall be extinguished in the
same manner as obligations, in
accordance with the provisions of the
Civil Law.
Civil liability is extinguished
1. By payment or performance;
2. By condonation or remission of the
debt;
3. By confusion or merger of the rights
of the creditor or debtor;
4. By compensation;
5. By novation;
6. Other causes of extinguishment of
obligations, such as annulment,
rescission, fulfillment of a resolutory
condition, and prescription
Note: Civil liability in criminal cases is
not extinguished by the loss of the thing
due because reparation will be ordered
by the court in such cases. Except as
provided in Article 112, the offender
shall continue to be obliged to satisfy
the civil liability arising from the crime
committed by him.
Article 113. Obligation to satisfy civil
liability Except in case of
extinction of his civil liability as
provided in the next preceding article
the offender shall continue to be
obliged to satisfy the civil liability
resulting from the crime committed
by him, notwithstanding the fact that
he has not been required to serve the
same by reason amnesty, pardon,
commutation of sentence or any
other reason.
BOOK TWO
TITLE ONE. CRIMES AGAINST
NATIONAL SECURITY AND LAW OF
NATIONS (Articles 114-123)
Art. 114. Treason. Any person
who, owing allegiance to (the United
States or) the Government of the
Philippine Islands, not being a
foreigner, levies war against them or
adheres to their enemies, giving them
aid or comfort within the Philippine
Islands or elsewhere, shall be
punished by reclusion temporal to
death and shall pay a fine not to
exceed P20,000 pesos.
No person shall be convicted
of treason unless on the testimony of
two witnesses at least to the same
overt act or on confession of the
accused in open court.
Likewise, an alien, residing in
the Philippine Islands, who commits
acts of treason as defined in
paragraph 1 of this Article shall be
punished by prision mayor to death
and shall pay a fine not to exceed
P20,000 pesos. (As amended by E.O.
No. 44, May 31, 1945).
Elements:
1. Offender is a Filipino citizen or an
alien residing in the Philippines;
2. There is a war in which the
Philippines is involved; and
3. The offender either:
a. Levies war against
Government; or
Levying War it is the (1)
actual assembling of men; and (2)
for the purpose of executing
treasonable design by force, with
intent to deliver the country in whole
or in part to the enemy with
collaboration with a foreign enemy or
some foreign country (Reyes, The
Revised Penal Code: Book Two,
18th Edition, 2012 [hereafter
Reyes, Book Two, 2012], p. 4).
b. Adheres to the enemies,
giving them aid or comfort
within the Philippines or
elsewhere (intent to betray).
Treason a breach of allegiance to a
government committed by a person who
owes allegiance to it.
Allegiance is the obligation of fidelity
and obedience which the individuals
owe to the government under which
they live or to their sovereign, in return
for the protection they receive.
Extent of aid or comfort to be
rendered The aid and comfort must be
given to the enemy by some kind of
action. It must be a deed or physical
activity, not merely a mental operation. It
is not essential that the effort to aid be
successful, provided overt acts are done
which if successful would advance the
interest of the enemy (People vs.
Alarcon, GR No. L407, July 28,
1947).
Ways of Proving Treason: (a)
Testimony of two witnesses, at least, to
the same over act (Twowintess rule); It
is sufficient that the witnesses are
uniform in their testimony on the overt
act. It is not necessary that they be
corroboration between them (People
vs. Concepcion, GR No. L1553,
October 25, 1949). (b) Confession of
guilt by the accused in open court.
Treason is a continuous offense,
Treason is of such nature that it may be
committed by one single act, by series
of acts, or by several series thereof, not
only in a single time, but in different
times, it being a continuous crime
(People vs. Victoria, GR No. L369,
March 13, 1947).
Defenses allowed: (a) Duress and fear
of immediate death (People vs.
Bagalawis, GR No. L262, March 29,
1947); and (b) Obedience to a de facto
government.
Not allowed Defenses: (a) Suspended
allegiance; (b) Change in sovereignty;
and (c) Loss of citizenship by joining the
army of the enemy (People vs.
Manayao, GR No. L322, July 28,
1947).
The circumstances of cruelty, ignominy,
amount or degree of aid, gravity of
separate distinct acts of treason are
considered as aggravating circumstance
in treason. While the circumstances of
treachery, abuse of superior strength
and evident premeditation are inherent.
TREASON SEDITION
Philippines must Internal conflict
be at war with
another country
Violation of oath Causing
of allegiance disturbances in
ones country
The purpose of Such purpose is not
levying war is to necessary (e.g. civil
help the enemy uprising)
Article 115. Conspiracy and proposal
to commit treason; Penalty The
conspiracy or proposal to commit the
crime of treason shall be punished
respectively, by prision mayor and a
fine not exceeding P10,000 pesos,
and prision correccional and a fine
not exceeding P5,000 pesos.
Note: If the crime of treason was
committed as a result of conspiracy or
proposal therefor, the latter acts are
absorbed therein since the accused
becomes a conspirator or principal by
inducement whose acts are integrated
into the crime of treason itself.
Article 116. Misprision of treason.
Every person owing allegiance to the
Government of the Philippine Islands,
without being a foreigner, and having
knowledge of any conspiracy against
them, conceals or does not disclose
and make known the same, as soon
as possible to the governor or fiscal
of the province, or the mayor or fiscal
of the city in which he resides, as the
case may be, shall be punished as an
accessory to the crime of treason.
Elements:
1. Offender owes allegiance to the
Government, and is not a foreigner
2. He has knowledge of conspiracy to
commit treason against the
government
3. Conceals or does not disclose and
make known the same as soon as
possible to the governor or fiscal of
the province in which he resides, or
the mayor or fiscal of the city in
which he resides.
Misprision refers to the offenders
failure to report to the authorities the
existence of a conspiracy to commit
treason.
Article 116 does not apply when treason
is already committed and the accused
does not report its commission.
A priest who heard the confession of a
person who conspired with others to
commit treason shall not be liable under
Art. 116.
Article. 117. Espionage. The
penalty of prision correccional shall
be inflicted upon any person who:
1. Without authority therefor, enters a
warship, fort, or naval or military
establishment or reservation to
obtain any information, plans,
photographs, or other data of a
confidential nature relative to the
defense of the Philippine
Archipelago; or
2. Being in possession, by reason of
the public office he holds, of the
articles, data, or information referred
to in the preceding paragraph,
discloses their contents to a
representative of a foreign nation.
The penalty next higher in degree
shall be imposed if the offender be a
public officer or employee.
Espionage the offense of gathering
transmitting, or losing information
respecting the national defense with
intent or reason to believe that the
information is to be used to the injury of
the Republic of the Philippines or to the
advantage of any foreign nation.
Two ways of committing espionage:
1. By entering, without authority
therefor, a warship, fort, or naval or
military establishment or reservation
to obtain any information, plans,
photographs, or other data of a
confidential nature relative to the
Philippines
Elements:
a. Offender enters a warship,
fort, or naval or military
establishment or reservation;
b. He has no authority therefor;
c. Purpose of entry is to obtain
information, plans,
photographs, or other data of
a confidential nature relative
to the Philippines
2. By disclosing to the representative of
a foreign nation the contents of the
articles, data or information on plans,
photographs, or other data of a
confidential nature relative to the
Philippines, which he had in his
possession by reason of the public
office he holds
Elements: violators of the
a. Offender is a public officer; law. (Sec. 6, Ibid)
b. He has in his possession the Using or permitting
articles, data or information or procuring the
referred to in paragraph no. 1 use of an aircraft
to Art. 117, by reason of the for the purpose of
public office he holds; and making
c. He discloses its contents to photograph,
the representative of a foreign sketch, etc. of vital
nation. installation or
equipment of the
ESPIONAGE TREASON armed forces of
Both are crimes not conditioned by the the Philippines.
citizenship of the offender (Sec. 9,Ibid)
Committed both in Only in time of war Reproducing,
time of war and publishing, selling,
peace etc. uncensored
Committed in Committed in two copies of
many ways. ways: levying war; photograph,
and sketch, etc. of the
Unlawfully adhering to the vital military, naval
obtaining or enemy, giving him or air post, camp
permitting to be aid or comfort. or station, without
obtained permission of the
information commanding
affecting national officer. (Sec. 10,
defense. (Sec. 1, Ibid)
CA 616) Injuring or
Unlawful disclosing destroying or
of information attempting to injure
affecting national or destroy
defense. (Sec. 2, materials,
Ibid) premises or war
Disloyal acts or utilities when the
words in time of Philippines is at
peace. (Sec. 3, war. (Sec. 11, Ibid)
Ibid) Making or causing
Disloyal acts or materials to be
words in time of made in a
war. (Sec. 4, Ibid) defective manner
Conspiracy to when the
violate preceding Philippines is at
sections (Sec. 5, war. (Sec. 11, Ibid)
Ibid) Injuring or
Harboring or destroying national
concealing defense material,
premises or
utilities. (Sec. 13,
Ibid)
Making or causing
to be made in a
defective manner,
or attempting to
make or cause to
be made in a
defective manner,
national defense
material. (Sec. 14,
Ibid)
Article. 118. Inciting to war or giving
motives for reprisals. The penalty
of reclusion temporal shall be
imposed upon any public officer or
employee, and that of prision mayor
upon any private individual, who, by
unlawful or unauthorized acts
provokes or gives occasion for a war
involving or liable to involve the
Philippine Islands or exposes Filipino
citizens to reprisals on their persons
or property.
Elements:
1. That the offender performs unlawful
or unauthorized acts;
2. That such acts:
a. provoke or give occasion for a
war involving or liable to
invoke the Philippines; or
b. expose Filipino citizens to
reprisals on their persons or
property.
Note: Intention of offender is immaterial.
This is committed in times of peace.
Reprisal an act of self-help on the
part of the injured state, responding
after an unsatisfied demand to an act
contrary to international law on the part
of the offending state.
Article. 119. Violation of neutrality.
The penalty of prision correccional
shall be inflicted upon anyone who,
on the occasion of a war in which the
Government is not involved, violates
any regulation issued by competent
authority for the purpose of enforcing
neutrality.
Elements:
1. That there is a war in which
Philippines is not involved
2. That there is a regulation issued by
competent authority for the purpose
of enforcing neutrality
3. That the offender violates such
regulation
Neutrality state of which a nation or
power takes no part in a contest of arms
going on between other states.
There must be a regulation issued by a
competent authority (President or the
Chief of Staff of the AFP) for the
enforcement of neutrality (Reyes, Book
Two, 2012, p.29).
Article 120. Correspondence with
hostile country. Any person who in
time of war, shall have
correspondence with an enemy
country or territory occupied by
enemy troops shall be punished:
1. By prision correccional, if the
correspondence has been prohibited
by the Government;
2. By prision mayor, if such
correspondence be carried on in
ciphers or conventional signs; and
3. By reclusion temporal, if notice or
information be given thereby which
might be useful to the enemy. If the
offender intended to aid the enemy
by giving such notice or information,
he shall suffer the penalty of
reclusion temporal to death.
Elements:
1. That it is made in time of war in
which the Philippines is involved;
2. That the offender makes
correspondence with an enemy
country or territory occupied by
enemy troops; and
3. That the correspondence is either:
a. Prohibited by the government;
b. Carried on in ciphers or
conventional signs; or
c. Containing notice or
information which might be
useful to the enemy
Correspondence a communication by
means of letters, or it may refer to the
letters which pass between those who
have friendly or business relations.
Circumstances qualifying the offense
The following must concur:
1. That the notice or information
might be useful to the enemy.
2. That the offender intended to aid
the enemy.
Note: Even if correspondence contains
innocent matters, if the correspondence
has been prohibited by the government,
it is punishable.
Article 121. Flight to enemy country.
The penalty of arresto mayor shall
be inflicted upon any person who,
owing allegiance to the Government,
attempts to flee or go to an enemy
country when prohibited by
competent authority.
Elements:
1. There is war in which the Philippines
is involved.
2. The offender owes allegiance to the
government.
3. The offender attempts to flee or go to
an enemy country; and
4. That going enemy country is
prohibited by competent authority.
Note: An alien resident may be guilty,
under this provision. Hence allegiance
under this Article may either be natural
or temporary.
Mere attempt, regardless of the
intent or reason, to go to enemy country
consummates the crime.
Article 122. Piracy in general and
mutiny on the high seas. The
penalty of reclusion temporal shall be
inflicted upon any person who, on the
high seas or in Philippine waters,
shall attack or seize a vessel or, not
being a member of its complement
nor a passenger, shall seize the
whole or part of the cargo of said
vessel, its equipment, or personal
belongings of its complement or
passengers.
Two ways/modes of committing
piracy:
1. By attacking or seizing a vessel
on the high seas or in Philippine
waters;
2. Seizing in the vessel while on the
high seas or in the Philippine
waters the whole or part of its
cargo, its equipment, or personal
belongings or its complement or
passengers.
Elements:
1. Vessel is on high seas or Philippine
waters;
2. Offenders are not members of its
complement or passengers of the
vessel;
3. The offenders:
a. Attack or seize the vessel; or
 b. Seize the whole or part of the passengers.
cargo, or its equipment, or
personal belongings of the crew Presidential Decree No. 532 ANTI-
or passengers; and PIRACY AND ANTI-HIGHWAY
ROBBERY LAW OF 1974
Note: Pirates are, in law, hostes humani
generis. Piracy is a crime not against a
particular state but against all mankind. Piracy is any act of attack upon or
It may be punished in the competent seizure of any vessel, or the taking
tribunal of any country where the away of the whole or part thereof or its
offender may be found or into which he cargo, equipment, or the personal
may be carried (People vs. Lollo, GR belongings of its complement or
No. 17958, February 27, 1922). passengers, irrespective of the value
thereof, by means of violence against or
PIRACY MUTINY
As to place of commission intimidation of persons or force upon
Either in Philippine waters or on the high things, committed by any person,
seas including a passenger or member of the
As to the person of the offenders complement of said vessel, in Philippine
The person who Committed by waters (Section 2[d], PD 532).
attack a vessel or members of the
seize its cargo crew or passengers Philippine Waters shall refer to all
are strangers to
the vessels bodies of water, such as but not limited
As to intention to, seas, gulfs, bays around, between
Intent to gain is The offenders may and connecting each of the Islands of
essential only intend to ignore the Philippine Archipelago, irrespective
the ships officers or of its depth, breadth, length or
they may be dimension, and all other waters
prompted by a belonging to the Philippines by historic
desire to commit
plunder or legal title, including territorial sea, the
sea-bed, the insular shelves, and other
PIRACY UNDER PIRACY under submarine areas over which the
P.D. 532 RPC Philippines has sovereignty or
Punishes piracy Punishes piracy jurisdiction (Section 2[a], Ibid).
committed only committed aboard a
within Philippine
vessel either in the Vessel any vessel or watercraft used
waters only. high seas or
for transport of passengers and cargo
Philippine waters
Even passengers Can only be from one place to another through
and members of committed by Philippine Waters. It shall include all
the complement outsiders or kinds and types of vessels or boats
can commit it. strangers, not used in fishing (Section 2[b], Ibid).
member of the
complement or
Highway Robbery/Brigandage 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 (Section 2[e], Ibid).
Philippine Highway shall refer to
any road, street, passage, highway and
bridges or other parts thereof, or railway
or railroad within the Philippines used by
persons, or vehicles, or locomotives or
trains for the movement or circulation of
persons or transportation of goods,
articles, or property or both (Section
2[c], Ibid).
Punishable Acts
1. Piracy: (a) wherein physical injuries or
other crimes are committed as a result
or on the occasion thereof; (b) rape,
murder or homicide is committed as a
result or on the occasion of piracy, or (c)
when the offenders abandoned the
victims without means of saving
themselves, or (d) when the seizure is
accomplished by firing upon or boarding
a vessel
2. Highway Robbery/Brigandage: (a)
physical injuries or other crimes are
committed during or on the occasion of
the commission of robbery or
brigandage; (b) if kidnapping for ransom
or extortion, or murder or homicide, or
rape is committed as a result or on the
occasion thereof (Section 3, Ibid).
3. Considered as an Accomplice of the
principal offenders: any person who
knowingly and in any manner (a) aids or
protects pirates or highway
robbers/brigands, such as giving them
information about the movement of
police or other peace officers of the
government, or (b) acquires or receives
property taken by such pirates or
brigands or in any manner derives any
benefit therefrom; or (c) any person who
directly or indirectly abets the
commission of piracy or highway
robbery or brigandage (Section 4, Ibid).
Article 123. Qualified piracy. The
penalty of reclusion temporal to
death shall be imposed upon those
who commit any of the crimes
referred to in the preceding article,
under any of the following
circumstances:
1. Whenever they have seized a
vessel by boarding or firing upon the
same;
2. Whenever the pirates have; or
3. Whenever the crime is
accompanied by murder, homicide,
physical injuries or rape.
Note: Qualified Mutiny When the
second or the third circumstance
accompanies the crime of mutiny
mentioned under Article 122, mutiny is
then qualified. First circumstance may
not qualify the crime of mutiny, because
in mutiny, the offenders are insiders of
the vessel (Boado, 2012, p. 391).
Republic Act No. 6235 AN ACT
PROHIBITING CERTAIN ACTS
INIMICAL TO CIVIL AVIATION AND
FOR OTHER PURPOSES (or
commonly known as ANTI
HIJACKING LAW)
Punishable Acts
1. 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 (Section 1, RA
6235);
2. Any person to compel an aircraft of
foreign registry to land in the
Philippine territory or to seize or
usurp the control thereof while it is
within the said territory (Ibid);
3. Any of the acts mentioned in Section
1 of the law through the following
circumstances:
a. Whenever he has fired upon
the pilot, member of the crew
or passenger of the aircraft;
b. Whenever he has exploded or
attempted to explode any
bomb or explosive to destroy
the aircraft; or
c. Whenever the crime is
accompanied by murder,
homicide, serious physical
injuries or rape (Section 2,
RA 6235).
4. Any person, natural or juridical, to
ship, load or carry in any passenger
aircraft operating as a public utility
within the Philippines, any explosive,
flammable, corrosive or poisonous
substance or material (Section 3,
Ibid).
Republic Act No. 9372 AN ACT TO
SECURE THE STATE AND PROTECT
OUR PEOPLE FROM TERRORISM (or
commonly known as ANTI
TERRORISM LAW/ HUMAN
SECURITY ACT OF 2007)
Punishable Acts
Terrorism Any person who commits
an act punishable under any of the
following provisions of the Revised
Penal Code:
1. Article 122 (Piracy in General and
Mutiny in the High Seas or in the
Philippine Waters);
2. Article 134 (Rebellion or
Insurrection);
3. Article 134-A (Coup dtat), including
acts committed by private persons;
4. Article 248 (Murder);
5. Article 267 (Kidnapping and Serious
Illegal Detention);
6. Article 324 (Crimes Involving
Destruction, or under
7. Presidential Decree No. 1613 (The
Law on Arson);
8. Republic Act No. 6969 (Toxic
Substances and Hazardous and
Nuclear Waste Control Act of 1990);
9. Republic Act No. 5207, (Atomic
Energy Regulatory and Liability Act
of 1968);
10. Republic Act No. 6235 (Anti-
Hijacking Law);
11. Presidential Decree No. 532 (Anti-
Piracy and Anti-Highway Robbery
Law of 1974); and
12. Presidential Decree No. 1866, as
amended (Decree Codifying the
Laws on Illegal and Unlawful
 Possession, Manufacture, Dealing
in, Acquisition or Disposition of
Firearms, Ammunitions or
Explosives),
thereby sowing and creating a
condition of widespread and
extraordinary fear and panic among
the populace, in order to coerce the
government to give in to an unlawful
demand (Section 3, RA 9372).
Conspiracy to Commit Terrorism is
when two or more persons come to an
agreement concerning the commission
of the crime of terrorism and decide to
commit the same (Section 4, Ibid).
Who are liable
1. Principals who committed the crime
of terrorism as defined in Section 3
hereof, and Conspirators as
mentioned in Section 4;
2. Accomplice is one who, not
considered in number 1 in this
enumeration, cooperates in the
execution of either the crime of
terrorism or conspiracy to commit
terrorism by previous or
simultaneous acts (Section 5, Ibid);
3. Accessory is any person who,
having knowledge of the commission
of the crime of terrorism or
conspiracy to commit terrorism, and
without having participated therein,
either as principal or accomplice
takes part subsequent to its
commission in any of the following
manner: (a) by profiting himself or
assisting the offender to profit by the
effects of the crime; (b) by
concealing or destroying the body of
the crime, or the effects, or
instruments thereof, in order to
prevent its discovery; (c) by
harboring, concealing, or assisting in
the escape of the principal or
conspirator of the crime (Section 6,
Ibid); and
4. Proscription of Terrorist
Organizations, Association, or
Group of Persons any
organization, association, or group of
persons organized for the purpose of
engaging in terrorism, or which,
although not organized for that
purpose, actually uses the acts to
terrorize mentioned in this Act or to
sow and create a condition of
widespread and extraordinary fear
and panic among the populace in
order to coerce the government to
give in to an unlawful demand
(Section 17, Ibid).
TITLE TWO. CRIMES AGAINST THE
FUNDAMENTAL LAWS OF THE
STATE (ARTICLES 124-133)
Article 124. Arbitrary Detention
Arbitrary detention. Any public
officer or employee who, without
legal grounds, detains a person, shall
suffer;
1. The penalty of arresto mayor in its
maximum period to prision
correccional in its minimum period, if
the detention has not exceeded three
days;
2. The penalty of prision correccional
in its medium and maximum periods,
if the detention has continued more
than three but not more than fifteen
days;
3. The penalty of prision mayor, if the
detention has continued for more
than fifteen days but not more than
six months; and
4. That of reclusion temporal, if the
detention shall have exceeded six
months.
The commission of a crime, or violent
insanity or any other ailment
requiring the compulsory
confinement of the patient in a
hospital, shall be considered legal
grounds for the detention of any
person.
Elements:
1. Offender is a public officer or
employee;
2. He detains a person; and
3. Detention is without legal grounds,
(i.e. No crime was committed by
detained; There is no violent insanity
of the detained person; The person
detained has no ailment which
requires compulsory confinement in
a hospital)
What is required in arbitrary detention is
that the principal offender is a public
officer. Thus, if a private person
conspires with a public officer, or
becomes an accessory or accomplice,
the private person also becomes liable
for the same crime. But a private person
acting alone cannot commit the crimes
under Article 124-132 of this title. The
public officers liable for arbitrary
detention must be vested with authority
to detain or order the detention of
persons accused of a crime, but when
they detain a person they have no legal
grounds therefor.
Arrest without warrant; when lawful
1. When in his presence, the person
to be arrested has committed, is
actually committing, or it
attempting to commit an offense;
Note: In his presenceWhen the
officer sees the offense being
committed, although at a
distance, or hears the
disturbance created thereby and
proceeds at once to the scene
thereof, or when the offense is
continuing or has not been
consummated at the time the
arrest is made, the offense is said
to be committed in his presence
(US vs. Samonte, GR No. 5649,
September 6, 1910)
2. When an offense has in fact just
been committed, and he has
probable cause to believe based
on personal knowledge of facts
and circumstances that the
person to be arrested has
committed it; and
Note: Personal knowledge of
facts in arrests without warrant must be
based upon probable cause,
which means, an actual belief or
reasonable grounds of suspicion
(US vs. Santos, GR No. 12779,
September 10, 1917)
3. When the person to be arrested
is a prisoner who has escaped
from a penal establishment, or
place where he is serving final
judgment or temporarily confined
while his case is pending, or has
escaped while being transferred
from one confine to another
(Rules 113, Section 5, ROC)
Detention the actual confinement of a judicial authorities. The penalties
person in an enclosure, or in any provided in the next preceding article
manner detaining and depriving him of shall be imposed upon the public
his liberty (People v. Domasian, G.R. officer or employee who shall detain
No. 95322, March 1, 1993) any person for some legal ground
and shall fail to deliver such person
ARBITRARY UNLAWFUL to the proper judicial authorities
DETENTION ARREST within the period of; twelve (12)
Offender is a Offender by either hours, for crimes or offenses
public officer private individual punishable by light penalties, or their
vested with or public officer equivalent; eighteen (18) hours, for
authority to arrest who feigned to crimes or offenses punishable by
and detain a arrest a person correctional penalties, or their
person but he without any legal equivalent and thirty-six (36) hours,
does so without cause, for the for crimes, or offenses punishable by
lawful cause purpose of afflictive or capital penalties, or their
delivering him to equivalent.
the proper In every case, the person
authorities. detained shall be informed of the
cause of his detention and shall be
ARBITRARY DELAY IN THE allowed upon his request, to
DETENTION DELIVERY OF communicate and confer at any time
DETAINED with his attorney or counsel (As
PERSONS TO amended by E.O. Nos. 59 and 272,
THE PROPER Nov. 7, 1986 and July 25, 1987,
JUDICIAL respectively).
AUTHORITY Elements:
The detention is The detention is 1. Offender is a public officer or
illegal from the legal in the employee;
beginning beginning but the 2. He detained a person for some legal
illegality of the ground; and
detention starts 3. He fails to deliver such person to the
from the expiration proper judicial authorities within:
of any of the a. 12 hours light penalties or
periods of time their equivalent
specified in Article b. 18 hours correctional
125, without the penalties or their equivalent
person detained c. 36 hours afflictive or capital
having been penalties or their equivalent
delivered to the
proper judicial Delivery to Proper Authorities
authority means the filling of the correct
information with the proper court or
constructive delivery; does not consist in
Article 125. Delay in the delivery of a physical delivery but in making an
detained persons to the proper accusation or charge or filing of an
information against the person arrested
with the corresponding court or judge
(Sayo vs. Chief of Police of Manila,
GR No. L2128, May 12, 1948).
Proper Judicial Authority includes
the courts of justice or judges vested
with judicial power to order temporary
detention or confinement of a person
charged with having committed a public
offense, that is, the Supreme Court and
other lower courts established by law
(Agbay vs. Deputy Ombudsman for
the Military, GR No. 134503, July 2,
1999).
City Fiscal is not a judicial entity or
authority because he cannot issue a
warrant of arrest (Sayo vs. Chief of
Police of Manila, GR No. L-2128, May
12, 1948).
Detention under ANTI TERRORISM
LAW/ HUMAN SECURITY ACT OF
2007
General Rule: Period of Detention
Without Judicial Warrant of Arrest
Notwithstanding the provisions of Article
125 of the Revised Penal Code, any
duly authorized police or law
enforcement personnel, who has taken
custody of a person charged with or
suspected of the crime of terrorism or
the crime of conspiracy to commit
terrorism, shall deliver said charged or
suspected person to the proper judicial
authority within a period of three (3)
days counted from the moment said
charged or suspected person has been
apprehended or arrested, detained
(Section 18, Ibid).
Exception: Period of Detention in the
Event of an Actual or Imminent
Terrorist Attack In the event of an
actual or imminent terrorist attack,
suspects may not be detained for
more than three (3) days without the
written approval of a municipal, city,
provincial or regional official of a Human
Rights Commission or judge of the
municipal, regional trial court, the
Sandiganbayan or a justice of the Court
of Appeals nearest the place of the
arrest. If the arrest is made during
Saturdays, Sundays, holidays or after
office hours, the arresting police or law
enforcement personnel shall bring the
person thus arrested to the residence of
any of the officials mentioned above that
is nearest the place where the accused
was arrested. xxx That within three (3)
days after the detention the suspects,
whose connection with the terror
attack or threat is not established,
shall be released immediately
(Section 19, Ibid).
Article 126. Delaying release. The
penalties provided for in Article 124
shall be imposed upon 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.
Elements:
1. That the offender is a public officer/
employee;
2. That there is a judicial or executive
order for the release of a prisoner or
 detention prisoner; or that there is a
proceeding upon a petition for the
liberation of such person.
3. That the offender without good
reason delays either:
a. Service of the notice of such
order to the prisoner; or
b. Performance of such judicial
or executive order for the
release of a prisoner; or
c. Proceedings upon a petition
for the release of such person
Punishable Acts:
1. By delaying the performance of a
judicial or executive order for the
release of a prisoner.
2. By unduly delaying the service of the
notice of such order to said prisoner.
3. By unduly delaying the proceedings
upon any petition for the liberation of
such person.
Republic Act No. 9745 AN ACT
PENALIZING TORTURE AND OTHER
CRUEL, INHUMAN AND DEGRADING
TREATMENT OR PUNISHMENT AND
PRESCRIBING PENALTIES
THEREFOR (or commonly known as
ANTI TORTURE ACT)
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:
(a) obtaining from him/her or a third
person information or a confession;
(b) 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
(c) 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 (Section
3[a], RA 9745).
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
(Section 3[b], Ibid).
Punishable Acts 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;
(2) Food deprivation or forcible
feeding with spoiled food, animal
or human excreta and other stuff
or substances not normally
eaten;
(3) Electric shock;
(4) Cigarette burning; burning by
electrically heated rods, hot oil,
acid; by the rubbing of pepper or
other chemical substances on
mucous membranes, or acids or
spices directly on the wound(s);
(5) The submersion of the head
in water or water polluted with
excrement, urine, vomit and/or
blood until the brink of
suffocation;
(6) Being tied or forced to
assume fixed and stressful bodily
position;
(7) Rape and sexual abuse,
including the insertion of foreign
objects into the sex organ or
rectum, or electrical torture of the
genitals;
(8) Mutilation or amputation of the
essential parts of the body such
as the genitalia, ear, tongue, etc.;
(9) Dental torture or the forced
extraction of the teeth;
(10) Pulling out of fingernails;
(11) Harmful exposure to the
elements such as sunlight and
extreme cold;
(12) The use of plastic bag and
other materials placed over the
head to the point of asphyxiation;
(13) The use of psychoactive
drugs to change the perception,
memory. alertness or will of a
person, such as:
(i) The administration or
drugs to induce confession
and/or reduce mental
competency; or
(ii) The use of drugs to
induce extreme pain or
certain symptoms of a
disease; and
(14) Other analogous acts of
physical torture;
and
(b) Mental/Psychological Torture
refers to acts committed by a person in
authority or agent of a person in
authority which are calculated to affect
or confuse the mind and/or
undermine a person's dignity and
morale, such as:
(1) Blindfolding;
(2) Threatening a person(s) or
his/fher relative(s) with bodily
harm, execution or other wrongful
acts;
(3) Confinement in solitary cells
or secret detention places;
(4) Prolonged interrogation;
(5) Preparing a prisoner for a
"show trial", public display or
public humiliation of a detainee or
prisoner;
(6) Causing unscheduled transfer
of a person deprived of liberty
from one place to another,
creating the belief that he/she
shall be summarily executed;
(7) Maltreating a member/s of a
person's family;
 (8) Causing the torture sessions
to be witnessed by the person's
family, relatives or any third party;
(9) Denial of sleep/rest;
(10) Shame infliction such as
stripping the person naked,
parading him/her in public places,
shaving the victim's head or
putting marks on his/her body
against his/her will;
(11) Deliberately prohibiting the
victim to communicate with any
member of his/her family; and
(12) Other analogous acts of
mental/psychological torture
(Section 4, Ibid).
Freedom from Torture and Other
Cruel, Inhuman and Degrading
Treatment or Punishment, An
Absolute Right. Punishable acts
mentioned in this law shall apply to all
circumstances. A state of war or a threat
of war, internal political instability, or any
other public emergency, or a document
or any determination comprising an
"order of battle" shall NOT AND CAN
NEVER BE INVOKED AS A issued an order to any lower
JUSTIFICATION for torture and other
cruel, inhuman and degrading treatment
or punishment (Section 6, Ibid).
Prohibited Detention - Secret
detention places, solitary confinement,
incommunicado or other similar forms of
detention, where torture may be carried
out with impunity are hereby prohibited
(Section 7, Ibid).
Torture as a Separate and
Independent Crime - Torture as a
crime shall not absorb or shall not be
absorbed by any other crime or felony
committed as a consequence, or as a
means in the conduct or commission
thereof. This shall be imposable without
prejudice to any other criminal liability
provided for by domestic and
international laws (Section 15, Ibid).
Who are liable
1. Principal
(a) any person who actually
participated or induced
another in the commission of
torture or other cruel, inhuman
and degrading treatment or
punishment or who cooperated in
the execution of the act of torture
or other cruel, inhuman and
degrading treatment or
punishment by previous or
simultaneous acts;
(b) any superior military, police
or law enforcement officer or
senior government official who
ranking personnel to commit
torture for whatever purpose;
(c) the immediate commanding
officer of the unit concerned of
the AFP or the immediate
senior public official of the
PNP and other law
enforcement agencies for any
act or omission, or negligence
committed by him/her that shall
have led, assisted, abetted or
allowed, whether directly or
 indirectly, the commission thereof
by his/her subordinates.
(d) If the same official in letter c in
the said enumeration has
knowledge of or, owing to the
circumstances at the time,
should have known that acts of
torture or other cruel, inhuman
and degrading treatment or
punishment shall be committed,
is being committed, or has
been committed by his/her
subordinates or by others within
his/her area of responsibility and,
despite such knowledge, did not
take preventive or corrective
action either before, during or
immediately after its commission,
when he/she has the authority to
prevent or investigate allegations
of torture or other cruel, inhuman
and degrading treatment or
punishment but failed to prevent
or investigate allegations of such
act, whether deliberately or due
to negligence.
2. Accessory - any public officer or
employee has knowledge that torture
or other cruel, inhuman and
degrading treatment or punishment
is being committed and without
having participated therein, either as
principal or accomplice, takes part
subsequent to its commission in any
of the following manner:
(a) by themselves profiting from
or assisting the offender to profit
from the effects of the act of
torture or other cruel, inhuman
and degrading treatment or
punishment;
(b) by concealing the act of
torture or other cruel, inhuman
and degrading treatment or
punishment and/or destroying the
effects or instruments thereof in
order to prevent its discovery; or
(c) by harboring, concealing or
assisting m the escape of the
principal/s in the act of torture or
other cruel, inhuman and
degrading treatment or
punishment: Provided, That the
accessory acts are done with the
abuse of the official's public
functions (Section 13, Ibid).
Article 127. Expulsion. The penalty
of prision correccional shall be
imposed upon any public officer or
employee who, not being thereunto
authorized by law, shall expel any
person from the Philippine Islands or
shall compel such person to change
his residence.
Elements:
1. That the offender is a Public Officer;
2. That he expels any person from the
Philippines, or compels a person to
change residence; and
3. That he is not authorized to do so by
law.
Punishable Acts:
1. By expelling a person from the
Philippines.
2. By compelling a person to change
his residence.
Persons Authorized to Expel:
President of the Philippines; or
Courts, after final judgment sentencing
the accused to destierro or as a
condition to his probation.
If committed by a private person, the
crime is Grave Coercion.
Only the court by a final judgment can
order a person to change his residence.
This can be by ejectment proceedings,
expropriation proceedings, penalty of
destierro, case of conviction for the
commission of a crime involving
deprivation of liberty, grant of probation
under the Probation Law of 1976 and
grant of temporary or permanent
protection under Anti where change of
residence is one of the conditions
imposed by the court, case of release
on parole of a prisoner under the
Indeterminate Sentence Law where one
of the conditions for his release is
change of residence.
Article 128. Violation of Domicile
The penalty of prision correccional in
its minimum period shall be imposed
upon 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.
If the offense be committed in
the night-time, or if any papers or
effects not constituting evidence of a
crime be not returned immediately
after the search made by the
offender, the penalty shall be prision
correccional in its medium and
maximum periods.
Common elements to three acts
1. Offender is a public officer or
employee;
2. He is not authorized by judicial order.
Punishable Acts:
1. By entering any dwelling against the
will of the owner thereof; or
2. By searching papers or other effects
found therein without the previous
consent of such owner; or
3. By refusing to leave the premises,
after having surreptitiously entered
said dwelling and after having been
required to leave the same.
Note: Not being authorized by judicial
order when a public officer or
employee is not armed with a search
warrant duly issued by the court.
In the first mode, lack of consent would
not suffice as the law requires that the
offenders entry must be over the
owners objection. In the second mode,
mere lack of consent is sufficient. In the
third mode, what is punished is the
refusal to leave, the entry having been
made surreptitiously (Regalado, 2007,
p. 386).
Instances where search is valid even
without a warrant:
1. When the search was made
incidental to a valid arrest;
2. Where the search was made on a
moving vehicle or vessel such that
the exigency of the situation
prevents the searching officer from
securing a search warrant;
3. When the article seized is within the
plain view of the officer making a
search therefore
Circumstances qualifying the offense
1. Offense is committed at nighttime; or
2. Any papers or effects not constituting
evidence are not returned
immediately after the search made
by the offender.
Article 129. Search warrants
maliciously obtained and abuse in
the service of those legally obtained.
In addition to the liability attaching
to the offender for the commission of
any other offense, the penalty of
arresto mayor in its maximum period
to prision correccional in its
minimum period and a fine not
exceeding P1,000 pesos shall be
imposed upon any public officer or
employee who shall procure a search
warrant without just cause, or, having
legally procured the same, shall
exceed his authority or use
unnecessary severity in executing
the same.
Punishable Acts
1. By procuring a search warrant
without just cause.
Elements:
a. Offender is a public officer or
employee;
b. He procures a search warrant;
and
c. There was no just cause.
2. By exceeding his authority or by
using unnecessary severity in
executing a search warrant legally
procured.
Elements:
a. Offender is a public officer or
employee;
b. He has legally procured a
search warrant; and
c. He exceeds his authority or
uses unnecessary severity in
executing the same
Search Warrant it is an order in
writing issued in the name of the People
of the Philippines, signed by a judge and
directed to a peace officer, commanding
him to search for personal property
described therein and bring it before the
court (Section 1, Rule 126, ROC)
Requisites for issuance of search
warrant
a. It must be issued upon probable
cause i.e. reasons supported
by facts and circumstances which
would lead a reasonably discreet
and prudent man to believe that
an offense has been committed
and that the object sought in
connection with the offense are in
the place sought to be searched
(Burgos vs. Chief of Staff, GR
No. L64261, December 26,
1984);
b. The probable cause must be
determined by the judge himself
and not by the applicant or any
other person;
c. In the determination of probable
cause, the judge must examine,
under oath or affirmation, the
complainant and such witnesses
as the latter may produce; and
d. The warrant issued must
particularly describe the place to
be searched and persons or
things to be seized.
The true test of lack of just cause is
whether the affidavit filed in support of
the application for search warrant has
been drawn in such a manner that
perjury could be charged thereon and
affiant be held liable for damages
caused (Alvarez vs. Court of First
Instance, GR No. 45358, January 29,
1937).
Personal property to be seized AND S
a. Subject of the offense; ABUSE IN
b. Stolen or embezzled and other THE
proceeds or fruits of the offense; SERVICE
c. Used or intended to be used as OF THOSE
the means of committing an LEGALLY
offense (Section 3, Rule 126, OBTAINED
ROC) There is The public There was
no officer is abuse in the
Article 130. Searching domicile warrant armed with a implementati
without witnesses. The penalty of warrant but on of a valid
arresto mayor in its medium and such was warrant
maximum periods shall be imposed maliciously
upon a public officer or employee obtained
who, in cases where a search is
proper, shall search the domicile, Article 131. Prohibition, interruption
papers or other belongings of any and dissolution of peaceful meetings.
person, in the absence of the latter, The penalty of prision correccional
any member of his family, or in their in its minimum period shall be
default, without the presence of two imposed upon any public officer or
witnesses residing in the same employee who, without legal ground,
locality. shall prohibit or interrupt the holding
Elements: of a peaceful meeting, or shall
1. That the offender is a public officer dissolve the same.
or employee; The same penalty shall be imposed
2. That he is armed with search warrant upon a public officer or employee
legally procured; who shall hinder any person from
3. That he searches the domicile, joining any lawful association or from
papers or other belongings of any attending any of its meetings.
person; The same penalty shall be imposed
4. That the owner, or any member of upon any public officer or employee
his family, or two witnesses residing who shall prohibit or hinder any
in the same locality are not present. person from addressing, either alone
or together with others, any petition
Note: The papers or other belongings to the authorities for the correction of
must be in the dwelling of their owner at abuses or redress of grievances.
the time the search is made. It does not Common Elements:
apply to searches of vehicles or other 1. That the offender is a public officer
means of transportation because the or employee;
searches are not made in the dwelling. 2. That he performs any of the following
acts:
VIOLATI SEARCH SEARCHIN a. By prohibiting or by
ON OF WARRANTS G interrupting, without legal
DOMICIL MALICIOUS DOMICILE ground the holding of a
E LY WITHOUT peaceful meeting, or by
OBTAINED WITNESSE dissolving the same;
 b. By hindering any person from
joining any lawful association,
or from attending any of its
meetings;
c. By prohibiting or hindering
any person from addressing,
either alone or together with
others, any petition to the
authorities for the correction
of abuses or redress of
grievances.
Other possible crimes:
Tumults and other disturbances of
public order (Article 153) if offender is
a private person.
Unjust Vexation (Article 287) if the
offender is a participant in the meeting
Disturbance of proceedings of congress
or similar bodies (Article 144) if the
meeting of a legislative body is
dissolved
Article 132. Interruption of religious
worship The penalty of prision
correccional in its minimum period
shall be imposed upon any public
officer or employee who shall prevent
or disturb the 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.
Elements:
1. That the offender is a public
officer/employee;
2. That the religious ceremonies or
manifestations of any religious are
about to take place or are going on;
and
3. The offender prevents or disturbs the
same.
There must be actual religious
ceremony being conducted on that
occasion, either by itself or in
conjunction with some other activity of
the religious denomination. If the
offense was committed only in a
meeting or rally of a sect, it would be
punishable under Article 131 (People v.
Reyes, CA, GR No. 13663-R, July 27,
1955).
Article 133. Offending the religious
feelings. The penalty of arresto
mayor in its maximum period to
prision correccional in its minimum
period shall be imposed upon anyone
who, in a place devoted to religious
worship or during the celebration of
any religious ceremony shall perform
acts notoriously offensive to the
feelings of the faithful.
Religious Ceremonies those
religious acts performed outside of a
church, such as procession and special
prayers for burying dead persons.
Notoriously Offensive Acts those
directly against religious practice or
dogma or ritual for or attempting to
damage an object or religious
veneration (People vs. Baes, GR No.
46000, May 25, 1939).
Elements:
1. That the acts complained of were
performed
a. In a place devoted to religious
worship, or
b. During the celebration of any
religious ceremony.
2. That the acts must be notoriously
offensive to the feelings of the
faithful
Other Possible Crimes: 2. That the purpose of the uprising or
Unjust Vexation (Article 287) if the act movement is either:
is not directed to the religious belief a. to remove from the allegiance
itself and the act is not notoriously to said government or its laws
offensive. the territory of the
Interruption of Religious Worship (Article Philippines or any part
132) if the act is not directed to the thereof, or any body of land,
belief itself and the meeting is naval or other armed forces;
interrupted by a public officer. or
b. to deprive the chief executive
TITLE THREE. CRIMES AGAINST or congress, wholly or
PUBLIC ORDER (ARTICLES 134 partially, of any of their
160) powers or prerogatives
Note: If the act is to deprive the
Article 134. Rebellion or insurrection; Judiciary of its powers or prerogatives,
How committed. The crime of the crime committed is sedition
rebellion or insurrection is committed
by rising publicly and taking arms REBELLION TREASON
against the Government for the As to purpose
purpose of removing from the 1. To remove Violation by a
allegiance to said Government or its from the subject of his
laws, the territory of the Philippine allegiance to allegiance to his
Islands or any part thereof, of any said sovereign or to the
body of land, naval or other armed Government or supreme authority
forces, depriving the Chief Executive the laws the of the State
or the Legislature, wholly or partially, territory of the
of any of their powers or prerogatives Philippines or
(As amended by R.A. 6968). body of land,
naval or other
Rebellion the object of the movement armed forces;
is to completely overthrow and 2. To deprive the
supersede the existing government. Chief
Executive or
Insurrection it is employed in Congress of
reference to a movement which seeks any of their
merely to effect some change of minor powers
importance, or to prevent the exercise As to manner of commission
governmental authority with respect to 1. Public 1. By levying war
particular matters or subjects. uprising; and against the
2. By taking arms Government;
Elements: against the and
1. That there be: Government 2. By adhering to
a. public uprising; and the enemies of
b. taking arms against the the Philippines,
government (force/violence); giving them aid
and or comfort
As to time of commission Republic of the Philippines, or any
May be committed Committed during military camp or installation,
both during times time of war communications network, public
of peace and war utilities or other facilities needed for
As to proof needed for conviction the exercise and continued
Proved by 1. Testimony of possession of power, singly or
showing the two (2) simultaneously carried out anywhere
purpose of the witnesses, at in the Philippines by any person or
uprising; there least to the persons, belonging to the military or
must be proof same overt act, police or holding any public office of
beyond or employment with or without civilian
reasonable doubt 2. Confession of support or participation for the
accused in open purpose of seizing or diminishing
court state power (As amended by R.A.
6968).
Note: Elements:
Persons merely acting as couriers or 1. That the offender is a person or
spies for the rebels are guilty of persons belonging to the military or
rebellion. police or holding any public office or
employment;
There is no complex crime of rebellion 2. That it is committed by means of a
with murder and other common crimes, swift attack accompanied by
whether such crimes are punishable violence, intimidation, threat,
under a special law or general law strategy or stealth;
(RPC) provided that such crimes are 3. That the attack is directed against
committed in furtherance or in duly constituted authorities of the
pursuance of the movement to Republic of the Philippines, or any
overthrow the government (Ponce military camp or installation,
Enrile v. Amin, GR No. 93335, communication networks, public
September 13, 1990). utilities, or other facilities needed for
the exercise and continued
A Person who commits an act possession of power; and
punishable as rebellion or insurrection, 4. That the purpose of the attack is to
thereby sowing and creating a condition seize or diminish state power.
of widespread and extraordinary fear
and panic among the populace, in order REBELLION COUP DETAT
to coerce the government to give in to The essence of Public uprising not
an unlawful demand shall be guilty of the crime is public necessary. The
Terrorism (Section 3, RA 9372). uprising and essence of the
taking up arms crime is the swift
Article 134-A. Coup d'etat; How against the attack,
committed. The crime of coup government accompanied by
d'etat is a swift attack accompanied violence,
by violence, intimidation, threat, intimidation, threat,
strategy or stealth, directed against strategy or stealth.
duly constituted authorities of the Participation Any person
generally carried belonging to the Any person in the government
out by civilians military or police or service who participates, or executes
holding public directions or commands of others in
office, with or undertaking a coup d'etat shall suffer
without civilian the penalty of prision mayor in its
participation maximum period.
The objective is to The objective is to Any person not in the
overthrow the duly destabilize or government service who participates,
constituted paralyze the or in any manner supports, finances,
government government abets or aids in undertaking a coup
through the seizure d'etat shall suffer the penalty of
of facilities and reclusion temporal in its maximum
utilities essential to period.
the continued When the rebellion,
possession and insurrection, or coup d'etat shall be
exercise of under the command of unknown
governmental leaders, any person who in fact
powers directed the others, spoke for them,
Requires a May be committed signed receipts and other documents
multitude of singly or issued in their name, as performed
people collectively and similar acts, on behalf or the rebels
does not require a shall be deemed a leader of such a
multitude of people rebellion, insurrection, or coup d'etat
Can only be May be carried out (as amended by R.A. 6968, approved
committed through not only by force or on October 24, 1990).
force and violence but also
intimidation through stealth, Who are liable for rebellion,
threat or strategy insurrection, and/or coup dtat:
1. The leaders any person who
Article 135. Penalty for rebellion, promotes, maintains or heads a
insurrection or coup d'etat. Any rebellion or insurrection; any person
person who promotes, maintains, or who leads, directs or commands
heads rebellion or insurrection shall others to undertake a coup detat.
suffer the penalty of reclusion 2. The participants any person who
perpetua. participates, or executes the
Any person merely commands of others in rebellion, or
participating or executing the insurrection; any person in the
commands of others in a rebellion government service who
shall suffer the penalty of reclusion participates, or executes directions
temporal. or commands of others in
Any person who leads or in undertaking a coup detat; any
any manner directs or commands person not in the government service
others to undertake a coup d'etat who participates, supports, finances,
shall suffer the penalty of reclusion abets, or raids in undertaking a cop
perpetua. detat.
Who shall be deemed the leader of
the rebellion, insurrection, or coup
detat in case he is unknown Any
person who in fact directed the others;
spoke for them; signed receipts and
other documents issued in their name;
or performed similar acts, on behalf of
the rebels.
Being a mere assistant to a principal,
guilty of rebellion, the accused is guilty
only as a participant in the commission
of rebellion under par.2 of Art. 135
(People v. Lava, GR No. L-4974-78,
May 16, 1969).
Membership in a rebel organization
does not automatically qualify criminal
acts as absorbed in rebellion. It must be
conclusively demonstrated that the
criminal acts were committed in
furtherance of rebellion (People v.
Lovedioro, GR No. 112235, November
29, 1995).
Article 136. Conspiracy and proposal
to commit coup detat, rebellion or
insurrection. The conspiracy and
proposal to commit coup detat shall
be punished by prision mayor in
minimum period and a fine which
shall not exceed eight thousand
pesos (P8,000.00).
The conspiracy and proposal
to commit rebellion or insurrection
shall be punished respectively, by
prision correccional in its maximum
period and a fine which shall not
exceed five thousand pesos
(P5,000.00) and by prision
correccional in its medium period
and a fine not exceeding two
thousand pesos (P2,000.00). (As
amended by R.A. 6968, approved
October 24, 1990).
Punishable Acts:
1. Conspiracy to commit rebellion
when two or more persons come into
an agreement to rise publicly and
take arms against the Government
for any of the purposes of rebellion
and decide to commit it;
2. Proposal to commit rebellion when
the person who has decided to rise
publicly and take arms against the
Government for any of the purposes
of rebellion proposes its execution to
some other person/s.
Article 137. Disloyalty of public
officers or employees. The penalty
of prision correccional in its
minimum period shall be imposed
upon public officers or employees
who have failed to resist a rebellion
by all the means in their power, or
shall continue to discharge the duties
of their offices under the control of
the rebels or shall accept
appointment to office under them
(reinstated by E.O. No. 187).
Punishable Acts:
1. Failing to resist rebellion by all
means in the power of the public
officer or employee;
2. Continuing to discharge the duties of
their offices under the control of the
rebels;
3. Accepting appointment to office
under them.
The crime presupposes the existence of
rebellion by other persons, the offender
must not be in conspiracy with the
rebels; otherwise, he himself will also be
guilty of rebellion.
Article 138: Inciting a rebellion or
insurrection. The penalty of
prision mayor in its minimum period
shall be imposed upon any person
who, without taking arms or being in by persons who rise publicly and
open hostility against the tumultuously in order to attain by
Government, shall incite others to the force, intimidation, or by other means
execution of any of the acts specified outside of legal methods, any of the
in article 134 of this Code, by means following objects:
of speeches, proclamations, writings, 1. To prevent the promulgation or
emblems, banners or other execution of any law or the holding of
representations tending to the same any popular election;
end (Reinstated by E.O. No. 187). 2. To prevent the National
Elements: Government, or any provincial or
1. That the offender does not take arms municipal government or any public
or is not in open hostility against the officer thereof from freely exercising
Government; its or his functions, or prevent the
2. That he incites others to the execution of any administrative
execution of any of the acts of order;
rebellion; and 3. To inflict any act of hate or revenge
3. That the inciting is done by means of upon the person or property of any
speeches, proclamations, writings, public officer or employee;
emblems, banners or other 4. To commit, for any political or
representations tending to the same social end, any act of hate or revenge
end. against private persons or any social
class; and
5. To despoil, for any political or
PROPOSAL TO social end, any person, municipality
INCITING TO
COMMIT or province, or the National
REBELLION
REBELLION Government (or the Government of
In both crimes, the offender induces the United States), of all its property
another to commit rebellion or any part thereof.
It is not require The person who Article 140. Penalty for Sedition
that the offender proposes has
has decided to decided to commit Elements:
commit rebellion rebellion 1. That the offenders rise public and
Act of inciting is Person who tumultuous uprising;
done publicly proposes 2. That the use of force, intimidation, or
execution uses other means outside of legal
secret means methods;
In both, the crime of rebellion should not 3. That the offenders employ any of
be actually committed by the persons to those means to attain any of the
whom it is proposed or who are incited. following objects:
If they commit rebellion because of the a. to prevent the promulgation or
proposal or inciting, the proponent or the execution of any law or the
one inciting may become a principal by holding of any popular election
inducement in the crime of rebellion b. to prevent the national
government, or any provincial or
Article 139. Sedition; How committed. municipal government, or any
The crime of sedition is committed
 c. public thereof from freely The purpose of The purpose is
exercising its or his functions, or the offenders may always political
prevent the execution of any be political or
administrative order social
d. to inflict any act or hate or Not necessarily Always against the
revenge upon the person or against the government
property of any public officer or government
employee
e. to commit for any political or Article 141. Conspiracy to commit
social end, any act of hate or sedition. Persons conspiring to
revenge against private persons commit the crime of sedition shall be
or any social class (hence, even punished by prision correccional in
private persons may be offended its medium period and a fine not
parties) exceeding 2,000 pesos (reinstated by
f. to despoil, for any political or E.O. No. 187).
social end, any person,
municipality or province, or the Note: There must be an agreement and
national government of all its a decision to rise publicly and
property or any part thereof tumultuously to attain any of the objects
of sedition. Only to conspiracy to commit
Note: If the purpose of the offender is to sedition is punishable, there is no crime
attain the objects of rebellion or sedition for proposal to commit sedition.
by force or violence, but there is no
public uprising, the crime committed is Article 142. Inciting to sedition.
direct assault. The penalty of prision correccional in
its maximum period and a fine not
General Rule: Common crimes are not exceeding 2,000 pesos shall be
absorbed in sedition. imposed upon any person who,
Exception: Sedition absorbs the use of without taking any direct part in the
unlicensed firearms as an element crime of sedition, should incite
thereof, pursuant to RA 8294. others to the accomplishment of any
of the acts which constitute sedition,
SEDITION TREASON by means of speeches,
In its more general In it is more proclamations, writings, emblems,
sense, it is the general sense, it cartoons, banners, or other
raising of is the violation by representations tending to the same
commotions or a subject of his end, or upon any person or persons
disturbances in the allegiance to its who shall utter seditious words or
State sovereign speeches, write, publish, or circulate
scurrilous libels against the
SEDITION REBELLION Government (of the United States or
In both, there must be public uprising the Government of the
It is sufficient that There must be Commonwealth) of the Philippines, or
the public uprising taking up of arms any of the duly constituted
is tumultuous against the authorities thereof, or which tend to
Government 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 (reinstated by E.O. No. 187).
Different acts of inciting to sedition:
1. Inciting others to the
accomplishment of any of the acts
which constitute sedition by means
of speeches, proclamations, writings,
emblems, etc.
Elements:
a. That the offender does not
take a direct part in the crime
of sedition
b. That he incites others to the
accomplishment of any of the
acts which constitute sedition
c. That the inciting is done by
means of speeches,
proclamations, writing,
emblems, cartoons, banners,
or other representations
tending to the same end
(purpose: cause commotion
not exactly against the
government; actual
disturbance not necessary)
2. Uttering seditious words or speeches
which tend to disturb the public
peace are punishable when:
a. They tend to disturb or
obstruct any lawful officer in
executing the functions of his
office;
b. They tend to instigate others
to cabal and meet together for
unlawful purposes;
c. They suggest or incite
rebellious conspiracies or
riots;
d. They lead or tend to stir up
the people against the lawful
authorities or to disturb the
peace of the community, the
safety and order of the
government
3. Writing, publishing, or circulating
scurrilous libels against the
government or any of the duly
constituted authorities thereof, which
tend to disturb the public peace
Rules Relative to Seditious Words
1. Clear and Present Danger Rule
It is required that there must be
reasonable ground to believe that
the danger apprehended is imminent
and that the evil to be prevented is a
serious one. There must be the
probability of serious injury to the
State.
Present refers to the time element. It
used to be identified with imminent
and immediate danger. The danger
must only be probable but very likely
inevitable (Reyes, Book Two, 2012,
p. 113)
2. Dangerous Tendency Rule
There is inciting to sedition when the
words uttered or published could
easily produce disaffection among
the people and a state of feeling in
them incompatible with a disposition
to remain loyal to the Government
and obedient to the laws. The
dangerous tendency rule is generally
adopted in the Philippines (Ibid,
114).
Article 143. Act tending to prevent
the meeting of the Assembly and
similar bodies. The penalty of
prision correccional or a fine ranging
from 200 to 2,000 pesos, or both,
shall be imposed upon any person
who, by force or fraud, prevents the
meeting of the National Assembly
(Congress of the Philippines) or of
any of its committees or
subcommittees, constitutional
commissions or committees or
divisions thereof, or of any provincial
board or city or municipal council or
board (reinstated by E.O. No. 187).
Elements:
1. That there be a projected or actual
meeting of Congress or any of its
committees or subcommittees,
constitutional commissions or
committees or division thereof, or of
any provincial board or city or
municipal council or board
2. That the offender who may be any
persons prevents such meeting by
force or fraud
Article 144. Disturbance of
proceedings. The penalty of
arresto mayor or a fine from 200 to
1,000 pesos shall be imposed upon
any person who disturbs the
meetings of the National Assembly
(Congress of the Philippines) or of
any of its committees or
subcommittees, constitutional
commissions or committees or
divisions thereof, or of any provincial
board or city or municipal council or
board, or in the presence of any such
bodies should behave in such
manner as to interrupt its
proceedings or to impair the respect
due it (reinstated by E.O. No. 187).
Elements:
1. That there be a meeting of Congress
or any of its committees,
constitutional commissions or
committees or divisions thereof, or of
any provincial board or city or
municipal council or board
2. That the offender does any of the
following acts:
a. He disturbs any of such
meetings;
b. He behaves while in the
presence of any such bodies
in such a manner as to
interrupt its proceedings or to
impair the respect due it
Article 145. Violation of parliamentary
immunity. The penalty of prision
mayor shall be imposed upon 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, except in
case such member has committed a
crime punishable under this Code by
a penalty higher than prision mayor.
Punishable Acts:
1. By using force, intimidation, threats,
or frauds to prevent any member of
Congress from:
a. attending the meeting of the
assembly or any of its
 committees, constitutional
commissions or committees
or divisions thereof;
b. expressing his opinions; or
c. casting his vote
2. By arresting or searching any
member thereof while Congress is in
a regular or special session, except
in case such member has committed
a crime punishable under the code
by a penalty higher than prision
mayor;
Elements:
a. That the offender is a public
officer or employee;
b. That he arrests or searches
any member of Congress;
c. That Congress, at the time of
arrest or search, is in a
regular or special session;
d. That the member searched
has not committed a crime
punishable under the code by
a penalty higher than prision
mayor
It is not necessary that the
member is actually prevented from
exercising any of his functions. It is
sufficient that Congress is in session
and the offender, in using force,
intimidation, threats, or frauds, has the
purpose to prevent a member of the
National Assembly from exercising any
of such prerogatives (Reyes, Book
Two, 2012, p. 120).
Parliamentary immunity does not
protect members of Congress from
responsibility before the legislative body
itself (Osmena Jr. v. Pendatun, et. al.,
GR No. L17114, October 28, 1960).
Article 146. Illegal assemblies. The
penalty of prision correccional in its
maximum period to prision mayor in
its medium period shall be imposed
upon the organizers or leaders of any
meeting attended by armed persons
for the purpose of committing any of
the crimes punishable under this
Code, or of any meeting in which the
audience is incited to the
commission of the crime of treason,
rebellion or insurrection, sedition or
assault upon a person in authority or
his agents. Persons merely present
at such meeting shall suffer the
penalty of arresto mayor, unless they
are armed, in which case the penalty
shall be prision correccional.
If any person present at the meeting
carries an unlicensed firearm, it shall
be presumed that the purpose of said
meeting, insofar as he is concerned,
is to commit acts punishable under
this Code, and he shall be considered
a leader or organizer of the meeting
within the purview of the preceding
paragraph.
As used in this article, the
word "meeting" shall be understood
to include a gathering or group,
whether in a fixed place or moving
(reinstated by E.O. No. 187).
1. Any meeting attended by armed
persons for the purpose of
committing a crime under the RPC.
Requisites:
a. That there is a meeting, a
gathering of a group of
persons, whether in a fixed
place or moving;
b. That the meeting is attended
by an armed person;
c. That the purpose of the
meeting is to commit any of
the crimes punishable under
the code.
Note: Not all the persons present at the Article 147. Illegal associations.
meeting of the first form of illegal The penalty of prision correccional in
assembly must be armed. It is sufficient its minimum and medium periods
that at least 2 persons are armed. and a fine not exceeding 1,000 pesos
shall be imposed upon the founders,
2. Any meeting in which the audience, directors, and presidents of
whether armed or not, is incited to associations totally or partially
the commission of the crime of organized for the purpose of
treason, rebellion, or insurrection, committing any of the crimes
sedition or assault upon a person in punishable under this Code or for
authority or his agents. some purpose contrary to public
Requisites: morals. Mere members of said
a. That there is a meeting, a associations shall suffer the penalty
gathering of a group of of arresto mayor.
persons, whether in a fixed
place or moving; What are illegal associations?
b. That the audience, whether a. Associations organized totally or
armed or not, is incited to the partially for the purpose of
commission of the crime of committing any of the crimes in
treason, rebellion, or RPC; or
insurrection, sedition or b. Associations organized totally or
assault partially for some purpose
Note: It is necessary that the audience contrary to public morals
is actually incited. If in the meeting the
audience is incited to the commission of Persons liable:
rebellion or sedition, the crimes a. Founders, directors and president
committed are illegal assembly as of the association
regards the organizers or leaders or b. Mere members of the association
persons merely present and inciting to
rebellion or sedition insofar as the one ILLEGAL ILLEGAL
inciting them is concerned. ASSEMBLY ASSOCIATION
Necessary that Not necessary that
Who are liable: there is an actual there is an actual
a. Organizers or leaders of the meeting meeting or meeting
b. Persons merely present in the assembly of
meeting armed persons for
the purpose of
Note: If a person present at the committing any of
meeting carries an unlicensed firearm, it the crimes
is presumed that: punishable under
a. The purpose of the meeting is to the Code, or of
commit a crime under the RPC; individuals who,
b. He is considered the leader or although not
organizer of the meeting. armed, are incited
to the commission
of treason,
rebellion, sedition,
or assault upon a
person in authority
or his agent
The meeting and The act of forming
attendance at
or organizing, and
such meeting that membership in the
are punished association are
punished
Persons liable are Persons liable are
the organizers and the founders,
leaders, and other directors,
persons present at president, and the
the meeting members of the
associations totally
of partially
organized
(Reyes, Book Two, 2012, p. 126)
Article 148. Direct assaults. Any
person or persons who, without a
public uprising, shall employ force or
intimidation for the attainment of any
of the purpose enumerated in
defining the crimes of rebellion and
sedition, or shall attack, employ
force, or seriously intimidate or resist
any person in authority or any of his
agents, while engaged in the
performance of official duties, or on
occasion of such performance, shall
suffer the penalty of prision
correccional in its medium and
maximum periods and a fine not
exceeding P1,000 pesos, when the
assault is committed with a weapon
or when the offender is a public
officer or employee, or when the
offender lays hands upon a person in
authority. If none of these
circumstances be present, the
penalty of prision correccional in its
minimum period and a fine not
exceeding P500 pesos shall be
imposed.
Two ways of committing direct
assaults:
1. Without public uprising, by
employing force or intimidation
for the attainment any of the
purposes enumerated in defining
the crimes of rebellion and
sedition. (Victim need not be
person in authority).
Elements:
a. That the offender employs
force or intimidation
b. That the aim of the
offender is to attain any of
the purposes of the crime
of rebellion or any of the
objects in the crime of
sedition
c. That there is no public
uprising
2. Without public uprising, by
attacking, employing force, or by
seriously intimidating, or seriously
resisting any person in authority
or any of his agents, while
engaged in the performance of
official duties, or on the occasion
of such performance.
Elements:
a. That he offender (i) makes
an attack, (ii) employs
force, (iii) makes a serious
intimidation, or (iv)makes a
serious resistance.
Note: It is important to
determine whether the victim is a
person in authority or his agent. If
the victim is a person in authority,
the degree of force employed
against him is immaterial as the
mere laying of hands on him is
sufficient (US vs. Gumban, GR
No. L13658, November 9,
1918).
 If the victim is an agent of
a person in authority, the
violence, intimidation, or
resistance employed by the
offender must be serious (US vs.
Tabiana, GR No. L11847,
February 1, 1918).
In makes a serious
resistance, if not serious, crime
committed may be that under
Article 151 of resistance and
disobedience.
b. That the person assaulted
is a person in authority or
his agent.
c. That at the time of the
assault the person in
authority or his agent: (i) is
engaged in the actual
performance of official
duties (motive is not
essential), or that he is
assaulted (ii) by reason of
the past performance of
official duties (motive is
essential).
d. That the offender knows
that the one he is
assaulting is a person in
authority or his agent in
the exercise of his duties
(with intention to offend,
injure or assault).
e. That there is no public
uprising.
Even the person in authority or his agent
agrees to fight, an attack made by
accused constitutes direct assault,
except when the attack is made in lawful
defense, the character of a person in
authority or his agent is no laid off at will
but attaches to him until he ceases to be
in office (Justo vs. Court of Appeals,
GR No. L8611, June 28, 1956).
If direct assault is committed and as a
result the person in authority or his
agent is killed, the crime shall be the
complex crime of direct assault with
homicide or murder, as the case may be
(People vs. Gayrama, GR Nos. 39270
71, October 30, 1934).
The crime of slight physical injuries is
absorbed in direct assault against an
agent of the person in authority (People
vs. Acierto, GR No. 36595, November
28, 1932). If committed against a PA, it
will be considered as a separate
offense.
.
Knowledge of the accused that the
victim is a PA or APA is essential
(People v. Rellin, CA Nos. 71 and 72,
February 28, 1947).
The crime of direct assault is not
committed when the PA or APA is
suspended or under suspension when
he is attacked.
Direct assault cannot be committed in
times of rebellion or sedition because
the Article specifically provides that the
assault would be without public
uprising (People vs. Abalos, GR No.
88189, July 9, 1996).
Article 149. Indirect assaults. The
penalty of prision correccional in its
minimum and medium periods and a
fine not exceeding P500 pesos shall
be imposed upon any person who
shall make use of force or
intimidation upon any person coming
to the aid of the authorities or their
agents on occasion of the
commission of any of the crimes
defined in the next preceding article.
Elements:
1. That a person in authority or his
agent is the victim of any of the
forms of direct assault defined in Art.
148.
2. That a person comes to the aid of
such authority or his agent.
3. That the offender makes use of force
or intimidation upon such person
coming to the aid of the authority or
his agent.
Under Article 149, it was formerly
required that (a) direct assault is being
committed against a person in authority
or his agent, and (b) a third party comes
to the aid of the victim by virtue of the
latters order or request (US vs.
Fortaleza, GR No. 4596, January 13,
1909).
However, because of the amendment of
Article 152 by RA 1978, a private
individual coming to the aid of a person
in authority himself deemed an agent of
the person in authority. Thus, the rules
are:
1. If the victim is a PA who is
subject of a direct assault, and
the third person coming to his aid
(who then becomes an APA) is
likewise attacked, the crime
committed against the third
person will be direct assault,
resistance or disobedience
depending on the degree of force
or violence used by the offender
2. If the victim is an APA, it
depends:
a. If direct assault is being
committed against the
APA, the attack against
the third person will
constitute indirect assault
b. If only resistance or
disobedience is being
committed against the
agent, the attack against
the third person is either
physical injuries or
coercion as the case may
be (Regalado, 2007, pp.
416417).
Article 150. Disobedience to
summons issued by the National
Assembly, its committees or
subcommittees, by the Constitutional
Commissions, its committees,
subcommittees or divisions. The
penalty of arresto mayor or a fine
ranging from two hundred to one
thousand pesos, or both such fine
and imprisonment shall be imposed
upon any person who, having been
duly summoned to attend as a
witness before the National
Assembly, (Congress), its special or
standing committees and
subcommittees, the Constitutional
Commissions and its committees,
subcommittees, or divisions, or
before any commission or committee
chairman or member authorized to
summon witnesses, refuses, without
legal excuse, to obey such summons,
or being present before any such
legislative or constitutional body or
official, refuses to be sworn or placed
under affirmation or to answer any
legal inquiry or to produce any
books, papers, documents, or
records in his possession, when
required by them to do so in the
exercise of their functions. The same
penalty shall be imposed upon any
person who shall restrain another
from attending as a witness, or who
shall induce disobedience to a
summon or refusal to be sworn by
any such body or official.
Punishable Acts:
 1. Refusing without legal excuse to 3. That the act of the offender is not
obey summons included in the provisions of arts.
2. Refusing to be sworn or placed 148, 149 and 150.
under affirmation
3. Refusing to answer any legal Elements of Simple Disobedience
inquiry to produce books, records 1. That an agent of a person in
etc. authority is engaged in the
4. Restraining another from performance of official duty gives a
attending as witness in such body lawful order to the offender.
5. Inducing disobedience to 2. That the offender disobeys such
summons or refusal to be sworn agent of a person in authority.
by any such body or official 3. That such disobedience is not of a
serious nature.
Any of the acts punished herein may
also constitute contempt (Arnault vs. For one not to be liable for resistance,
Nazareno, GR No. L3820, July 18, the resistance must be co-extensive
1950) with the excess of authority, and just
sufficient to repel the excess or abuse
Article 151. Resistance and
disobedience to a person in authority DIRECT RESISTANCE
or the agents of such person. The ASSAULT
penalty of arresto mayor and a fine PA/ APA must be Only in actual
not exceeding 500 pesos shall be engaged in the performance of
imposed upon any person who not performance of duties
being included in the provisions of official duties or he
the preceding articles shall resist or is assaulted by
seriously disobey any person in reason thereof
authority, or the agents of such Force employed is Use of force is not
person, while engaged in the serious so serious
performance of official duties. Attack or
Attack or
When the disobedience to an agent employment of
employment of
of a person in authority is not of a force is deliberate force is not so
serious nature, the penalty of arresto deliberate
menor or a fine ranging from 10 to Committed in any Committed by
P100 pesos shall be imposed upon of the following resisting or
the offender. ways: seriously
Elements of Resistance and Serious 1. By disobeying a PA
Disobedience attacking; or APA
1. That a person in authority or his 2. By
agent is engaged in the performance employing
of official duty or gives a lawful order force;
to the offender. 3. By seriously
2. That the offender resists or seriously intimidating;
disobeys such person in authority or or
his agent. 4. By seriously
resisting a
 person in
authority or
his agent
Article 152. Persons in authority and
agents of persons in authority; Who
shall be deemed as such. In
applying the provisions of the
preceding and other articles of this
Code, any person directly vested with
jurisdiction, whether as an individual
or as a member of some court or
governmental corporation, board, or
commission, shall be deemed a
person in authority. A barrio captain
and a barangay chairman shall also
be deemed a person in authority.
A person who, by direct
provision of law or by election or by
appointment by competent authority,
is charged with the maintenance of
public order and the protection and
security of life and property, such as
a barrio councilman, barrio
policeman and barangay leader and
any person who comes to the aid of
persons in authority, shall be deemed
an agent of a person in authority.
In applying the provisions of
Articles 148 and 151 of this Code,
teachers, professors and persons
charged with the supervision of
public or duly recognized private
schools, colleges and universities,
and lawyers in the actual
performance of their professional
duties or on the occasion of such
performance, shall be deemed
persons in authority (as amended by
PD No. 299, Sept. 19, 1973 and Batas
Pambansa Blg. 873, June 12, 1985).
Public Officer is any person who
takes part in the performance of public
functions in the government (Article
203, RPC)
Person in authority is any person
directly vested with jurisdiction or the
power and authority to govern and
execute the laws, whether as an
individual or as a member of some court
or government corporation, board or
commission (Article 152, par,1, RPC)
The following are persons in authority:
i. The municipal mayor
ii. Division superintendent of
schools
iii. Teachernurse
iv. Public and private school
teachers
v. President of sanitary division
vi. Provincial fiscal
vii. Justice of the Peace
viii. Municipal Councilor
ix. Barrio captain and barangay
chairman (Reyes, Book Two,
2012, pp. 157158).
Agent of a person in authority is
one who, by direct provision of law, or
by election or by appointment by
competent authority, is charged with the
maintenance of public order and the
protection of the security of life and
property (Article 152, par.2, RPC).
Article 153. Tumults and other
disturbance of public orders;
Tumultuous disturbance or
interruption liable to cause
disturbance. The penalty of arresto
mayor in its medium period to prision
correccional in its minimum period
and a fine not exceeding 1,000 pesos
shall be imposed upon any person
who shall cause any serious
disturbance in a public place, office,
or establishment, or shall interrupt or
disturb public performances,
functions or gatherings, or peaceful
meetings, if the act is not included in Outcry means to shout subversive or
the provisions of Articles 131 and provocative words tending to stir up the
132. people to obtain by means of force or
The penalty next higher in violence any of the objects of rebellion
degree shall be imposed upon of sedition (Reyes, Book Two, 2012, p.
persons causing any disturbance or 161).
interruption of a tumultuous
character. Tumultuous is the disturbance or
The disturbance or interruption interruption caused by more than three
shall be deemed to be tumultuous if persons who are armed or provided with
caused by more than three persons means of violence (Ibid, p. 162).
who are armed or provided with
means of violence. INCITING TO PUBLIC
The penalty of arresto mayor SEDITION OR DISORDER
shall be imposed upon any person REBELLION
who in any meeting, association, or The outcry The outcry is more
public place, shall make any outcry displaying of less unconscious
tending to incite rebellion or sedition emblems or outburst which,
or in such place shall display placards should although rebellious
placards or emblems which provoke have been done or seditious in
a disturbance of the public order. with the idea nature, is not
The penalty of arresto menor aforethought of intentionally
and a fine not to exceed P200 pesos inducing his calculated to
shall be imposed upon these persons hearers or readers induce others to
who in violation of the provisions to commit the commit rebellion or
contained in the last clause of Article crime of rebellion sedition
85, shall bury with pomp the body of or sedition
a person who has been legally At the outset, the At the outset the
executed. meeting is unlawful meeting is lawful
Punishable Acts: but becomes
1. Causing any serious disturbance in a unlawful after the
public place, office or establishment outburst described
2. Interrupting or disturbing public above
performances, functions, gatherings
or peaceful meetings, if the act is not
included in Art 131 and 132. Article 154. Unlawful use of means of
3. Making any outcry tending to incite publication and unlawful utterances.
rebellion or sedition in any meeting, The penalty of arresto mayor and a
association or public place fine ranging from P200 to P1,000
4. Displaying placards or emblems pesos shall be imposed upon:
which provoke a disturbance of 1. Any person who by means of
public order in such place printing, lithography, or any other
5. Burying with pomp the body of a means of publication shall publish or
person who has been legally cause to be published as news any
executed. false news which may endanger the
public order, or cause damage to the
interest or credit of the State;
2. Any person who by the same
means, or by words, utterances or
speeches shall encourage
disobedience to the law or to the
constituted authorities or praise,
justify, or extol any act punished by
law;
3. Any person who shall maliciously
publish or cause to be published any
official resolution or document
without proper authority, or before
they have been published officially;
or
4. Any person who shall print,
publish, or distribute or cause to be
printed, published, or distributed
books, pamphlets, periodicals, or
leaflets which do not bear the real
printer's name, or which are
classified as anonymous.
Punishable Acts:
1. Publishing or causing to be
published, by means of printing,
lithography or any other means of
publication as news, any false news
which may endanger the public
order, or cause damage to the
interest or credit of the State.
2. Encouraging disobedience to the law
or to the constituted authorities or by
praising, justifying or extolling any
act punished by law, by the same
means or by words, utterances or
speeches
3. Maliciously publishing or causing to
be published any official resolution or
document without proper authority,
or before they have been published
officially
4. Printing, publishing or distributing or
(causing the same) books,
pamphlets, periodicals or leaflets
which do not bear the real printers
name or which are classified as
anonymous.
Note:
a. If the printer/owner of the printing
establishment took part in the
preparation and publication of the
libelous writings he shall be liable
under Article 360.
b. Actual public disorder or actual
damage to the credit of the State is
not necessary. The mere possibility
of causing such damage is sufficient
(Reyes, Book Two, 2012, p. 163).
c. If the publication is both obscene
and anonymous, the offenses cannot
be complexed as they involve
different acts separately punished
under this Article and Article 201 on
obscene publications.
Article 155. Alarms and scandals.
The penalty of arresto menor or a fine
not exceeding P200 pesos shall be
imposed upon:
1. Any person who within any town or
public place, shall discharge any
firearm, rocket, firecracker, or other
explosives calculated to cause alarm
or danger;
2. Any person who shall instigate or
take an active part in any charivari or
other disorderly meeting offensive to
another or prejudicial to public
tranquility;
3. Any person who, while wandering
about at night or while engaged in
any other nocturnal amusements,
shall disturb the public peace; or
4. Any person who, while intoxicated
or otherwise, shall cause any
disturbance or scandal in public
places, provided that the
circumstances of the case shall not
make the provisions of Article 153
applicable.
Punishable Acts:
1. Discharging any firearm, rocket,
firecracker, or other explosive within
any town or public place, calculated
to cause alarm or danger
2. Instigating or taking active part in
any charivari or other disorderly
meeting offensive to another or
prejudicial to public tranquility
Charivari includes a medley of
discordant voices, a mock serenade of
discordant noises made on kettles, or
other utensils designed to annoy and
insult (Reyes, Book Two, 2012, p.165).
3. Disturbing the public peace while
wandering about at night or while
engaged in any other nocturnal
amusement
4. Causing any disturbance or scandal
in public places while intoxicated or
otherwise, provided Art 153 is not
covered
Article 156. Delivery of prisoners
from jails. The penalty of arresto
mayor in its maximum period of
prision correccional in its minimum
period shall be imposed upon any
person who shall remove from any
jail or penal establishment any
person confined therein or shall help
the escape of such person, by means
of violence, intimidation, or bribery. If
other means are used, the penalty of
arresto mayor shall be imposed.
If the escape of the prisoner shall
take place outside of said
establishments by taking the guards
by surprise, the same penalties shall
be imposed in their minimum period.
Elements:
1. That there is a person confined in a
jail or penal establishment
2. That the offender removes therefor
such person, or helps the escape of
such person (if the escapee is
serving final judgment, he is guilty of
evasion of sentence).
Note: The person confined may be a
mere detention prisoner. The prisoner
may also by final judgment (Ibid, p.
166).
DELIVERING INFIDELITY IN
PRISONES FROM THE CUSTODY
JAIL OF PRISONERS
Offender: usually Offender: public
committed by officer who had
outsider. It may the prisoner in his
also apply to an custody or charge
employee of the who was in
penal connivance with
establishment, the prisoner in the
provided he does latters escape
not have custody or
charge of such
person
Prisoner: may be a convict or a detainee
Article 157. Evasion of service of
sentence. The penalty of prision
correccional in its medium and
maximum periods shall be imposed
upon any convict who shall evade
service of his sentence by escaping
during the term of his imprisonment
by reason of final judgment.
However, if such evasion or escape
shall have taken place by means of
unlawful entry, by breaking doors,
windows, gates, walls, roofs, or
floors, or by using picklocks, false
keys, deceit, violence or intimidation,
or through connivance with other
convicts or employees of the penal
institution, the penalty shall be
prision correccional in its maximum
period.
Elements:
1. That the offender is a convict by final
judgment.
2. That he is serving his sentence
which consists in deprivation of
liberty (destierro included)
3. That he evades the service of his
sentence by escaping during the
term if his sentence (fact of return
immaterial).
Circumstances qualifying the
offense: If such evasion or escape
takes place
a. By means of unlawful entry (by
scaling)
b. By breaking doors, windows, gates,
walls, roofs or floors
c. By using picklocks, false keys,
disguise, deceit, violence or
intimidation
d. Through connivance with other
convicts or employees of the penal
institution
The crime evasion of service of
sentence is a continuing offense which
may be prosecuted in any place where
the offender may be found (Paulan vs.
Director of Prisons, G.R. No. L-28519,
February 17, 1968)
Article 158. Evasion of service of
sentence on the occasion of
disorder, conflagrations,
earthquakes, or other calamities. A
convict who shall evade the service
of his sentence, by leaving the penal
institution where he shall have been
confined, on the occasion of disorder
resulting from a conflagration,
earthquake, explosion, or similar
catastrophe, or during a mutiny in
which he has not participated, shall
suffer an increase of one-fifth of the
time still remaining to be served
under the original sentence, which in
no case shall exceed six months, if
he shall fail to give himself up to the
authorities within forty-eight hours
following the issuance of a
proclamation by the Chief Executive
announcing the passing away of
such calamity.
Convicts who, under the
circumstances mentioned in the
preceding paragraph, shall give
themselves up to the authorities
within the above mentioned period of
48 hours, shall be entitled to the
deduction provided in Article 98.
Elements:
1. That the offender is a convict by final
judgment who is confined in a penal
institution.
2. That there is disorder, resulting from:
(a) conflagration, (b) earthquake, (c)
explosion,
(d) similar catastrophe, or (e) mutiny
in which the offender has not
participated.
3. That the offender evades the service
of his sentence by leaving the penal
institution where he is confined, on
the occasion of such disorder or
during the mutiny.
4. That the offender fails to give himself
up to the authorities within 48 hours
following the issuance of a
proclamation by the Chief Executive
announcing the passing away of
such calamity.
Effect: Special time allowance for
loyalty A deduction of 1/5 of the period
of his sentence shall be granted to any
prisoner, who, having evaded his
preventive imprisonment or the service
of his sentence under the circumstances
mentioned in Article 158 of those Code,
gives himself up to the authorities within
48 hours following the issuance of a
proclamation announcing the passing
away of the calamity or catastrophe
enumerated therein in Article 158. This
Article shall apply to any prisoner
whether undergoing preventive
imprisonment or serving sentence
(Article 158, as amended by RA
10592).
Article 159. Other cases of evasion of
service of sentence. The penalty of
prision correccional in its minimum
period shall be imposed upon the
convict who, having been granted
conditional pardon by the Chief
Executive, shall violate any of the
conditions of such pardon. However,
if the penalty remitted by the granting
of such pardon be higher than six
years, the convict shall then suffer
the unexpired portion of his original
sentence.
Elements:
1. That the offender was a convict.
2. That he was granted a conditional
pardon by the Chief Executive.
3. That he violated any of the
conditions of such pardon.
A conditional pardon is a contract
between the Chief Executive who grants
the pardon and the convict who accepts
it (People v. Pontillas, GR No. 45267,
June 15, 1938).
The condition imposed upon the
prisoner that he should not commit
another crime, extends to offenses
punishable by special laws (People v.
Corral, GR. No. 48938, September 27,
1943).
VIOLATION OF EVASION OF
CONDITIONAL SERVICE OF
PARDON SENTENCE
Infringes the terms Defeats the
of the contract purpose of the
law
Does not affect Disturbs public
public order order
Article 160. Commission of another
crime during service of penalty
imposed for another offense; Penalty.
Besides the provisions of Rule 5 of
Article 62, any person who shall
commit a felony after having been
convicted by final judgment, before
beginning to serve such sentence, or
while serving the same, shall be
punished by the maximum period of
the penalty prescribed by law for the
new felony (Quasi-recidivism).
Any convict of the class referred to in
this article, who is not a habitual
criminal, shall be pardoned at the age
of seventy years if he shall have
already served out his original
sentence, or when he shall complete
it after reaching the said age, unless
by reason of his conduct or other
circumstances he shall not be worthy
of such clemency.
Elements:
1. That the offender was already
convicted by final judgment of one
offense.
2. That he committed a new felony
before beginning to serve such
sentence or while serving the same.
A quasirecidivist can be pardoned:
1. At the age of 70, if he shall have
already served out his original
sentence (and not habitual criminal);
or
2. When he shall have completed it
after reaching the said age, unless
by reason of his conduct or other
 circumstances, he shall not be 2. The use of a loose firearm, when
worthy of such clemency inherent in the commission of a crime
punishable under the Revised Penal
Republic Act No. 10591 AN ACT
Code or other special laws.
PROVIDING FOR A
Note: If the violation of this Act is in
COMPREHENSIVE LAW ON
furtherance of, or incident to, or in
FIREARMS AND AMMUNITION AND
connection with the crime of rebellion of
PROVIDING PENALTIES FOR
insurrection, or attempted coup d
VIOLATIONS THEREOF
etat, such violation shall be absorbed as
an element of the crime of rebellion or
Loose firearm - refers to an
insurrection, or attempted coup d etat.
unregistered firearm, an obliterated or
If the crime is committed by the
altered firearm, firearm which has been
person without using the loose firearm,
lost or stolen, illegally manufactured
the violation shall be considered a
firearms, registered firearms in the distinct and separate offense (Section
possession of an individual other than
29, Ibid);
the licensee and those with revoked
licenses in accordance with the rules
3. Carriage of registered firearm outside
and regulations (Section 3[v], RA
of residence by a licensed person
10591).
without any legal authority therefor
(Section 31, Ibid);
Punishable Acts
1. Unlawful acquisition or possession of
4. Unlawful manufacture, sale,
firearms and ammunition
importation, acquisition, disposition or
(a) Loaded with ammunition or
possession of firearms or ammunition or
inserted with a loaded magazine;
instruments.
(b) Fitted or mounted with laser
or any gadget used to guide the Note: The possession of any
shooter to hit the target such as
machinery, tool or instrument used
thermal weapon sight (TWS) and
directly in the manufacture of firearms,
the like;
ammunition, or major parts thereof by
(c) Fitted or mounted with sniper
any person whose business,
scopes, firearm muffler or firearm
employment or activity does not lawfully
silencer;
deal with the possession of such article,
(d) Accompanied with an extra
shall be prima facie evidence that such
barrel; and
article is intended to be used in the
(e) Converted to be capable of
unlawful or illegal manufacture of
firing full automatic bursts
firearms, ammunition or parts thereof
(Section 28, Ibid);
(Section 32, Ibid);
5. Upon any laborer, worker or
employee of a licensed firearms dealer
who shall unlawfully take, sell or
otherwise dispose of parts of firearms or
ammunition which the company
manufactures and sells, and other
materials used by the company in the
manufacture or sale of firearms or
ammunition
Note: The buyer or possessor of such
stolen part or material, who is aware
that such part or material was stolen,
shall suffer also the same penalty (Ibid);
6. Arms smuggling (Section 33, RA
10591);
7. Illegal Tampering, Obliteration or
Alteration of Firearms Identification
(Section 34, Ibid);
8. Upon any person who shall wilfully
and maliciously insert; place, and/or
attach, directly or indirectly, through any
overt or covert act, any firearm, or
ammunition, or parts thereof in the
person, house, effects, or in the
immediate vicinity of an innocent
individual for the purpose of implicating
or incriminating the person, or imputing
the commission of any violation of the
provisions of this Act to said individual
(Section 38, Ibid);
9. Failure to report to the FEO of the
PNP that the subject firearm has been
lost or stolen within a period of thirty
(30) days from the date of discovery
(Section 40, Ibid);
10. Upon any person holding a valid
firearm license who changes residence
or office address other than that
indicated in the license card and fails
within a period of thirty (30) days from
said transfer to notify the FEO of the
PNP of such change of address (Ibid);
and
11. Unlawful to transfer possession of
any firearm to any person who has not
yet obtained or secured the necessary
license or permit thereof (Section 41,
RA 10591).
Confiscation and Forfeiture The
imposition of penalty for any violation of
this Act shall carry with it the accessory
penalty of confiscation and forfeiture of
the firearm, ammunition, or parts
thereof, machinery, tool or instrument in
favor of the government which shall be
disposed of in accordance with law
(Section 37, Ibid).
Republic Act No. 9372 AN ACT TO
SECURE THE STATE AND PROTECT
OUR PEOPLE FROM TERRORISM (or
commonly known as ANTI
TERRORISM LAW/ HUMAN
SECURITY ACT OF 2007)
Punishable Acts
Terrorism Any person who commits
an act punishable under any of the
following provisions of the Revised
Penal Code:
13. Article 122 (Piracy in General and
Mutiny in the High Seas or in the
Philippine Waters);
14. Article 134 (Rebellion or
Insurrection);
15. Article 134-A (Coup dtat), including
acts committed by private persons;
16. Article 248 (Murder);
17. Article 267 (Kidnapping and Serious
Illegal Detention);
18. Article 324 (Crimes Involving
Destruction, or under
19. Presidential Decree No. 1613 (The
Law on Arson);
20. Republic Act No. 6969 (Toxic
Substances and Hazardous and
Nuclear Waste Control Act of 1990);
21. Republic Act No. 5207, (Atomic
Energy Regulatory and Liability Act
of 1968);
22. Republic Act No. 6235 (Anti-
Hijacking Law);
23. Presidential Decree No. 532 (Anti-
Piracy and Anti-Highway Robbery
Law of 1974); and
24. Presidential Decree No. 1866, as
amended (Decree Codifying the
Laws on Illegal and Unlawful
Possession, Manufacture, Dealing
in, Acquisition or Disposition of
Firearms, Ammunitions or
Explosives),
thereby sowing and creating a
condition of widespread and
extraordinary fear and panic among
the populace, in order to coerce the
government to give in to an unlawful
demand (Section 3, RA 9372).
Conspiracy to Commit Terrorism is
when two or more persons come to an
agreement concerning the commission
of the crime of terrorism and decide to
commit the same (Section 4, Ibid).
Who are liable
5. Principals who committed the crime
of terrorism as defined in Section 3
hereof, and Conspirators as
mentioned in Section 4;
6. Accomplice is one who, not
considered in number 1 in this
enumeration, cooperates in the
execution of either the crime of
terrorism or conspiracy to commit
terrorism by previous or
simultaneous acts (Section 5, Ibid);
7. Accessory is any person who,
having knowledge of the commission
of the crime of terrorism or
conspiracy to commit terrorism, and
without having participated therein,
either as principal or accomplice
takes part subsequent to its
commission in any of the following
manner: (a) by profiting himself or
assisting the offender to profit by the
effects of the crime; (b) by
concealing or destroying the body of
the crime, or the effects, or
instruments thereof, in order to
prevent its discovery; (c) by
harboring, concealing, or assisting in
the escape of the principal or
conspirator of the crime (Section 6,
Ibid); and
8. Proscription of Terrorist
Organizations, Association, or
Group of Persons any
organization, association, or group of
persons organized for the purpose of
engaging in terrorism, or which,
 although not organized for that
purpose, actually uses the acts to
terrorize mentioned in this Act or to
sow and create a condition of
widespread and extraordinary fear
and panic among the populace in
order to coerce the government to
give in to an unlawful demand
(Section 17, Ibid).
Absorption principle in relation to
complex crime
The law on complex crimes also
recognizes the doctrine of absorption of
crimes, that is, that if one offense is an
element of another, the former is
deemed absorbed by the latter and
there is only one crime. This is true even
if the offense that was absorbed carried
a penalty higher than that of the other,
as for example, murder can be
absorbed by rebellion, and illegal
detention is absorbed by abduction.
Accordingly, there is no complex crime
of illegal detention with abduction, or
homicide through physical injuries
(Regalado, p. 179).
TITLE FOUR. CRIMES AGAINST
PUBLIC INTEREST (ARTICLES 161-
189)
Article 161. Counterfeiting the great
seal of the Government of the
Philippine Islands, forging the
signature or stamp of the Chief
Executive. The penalty of
reclusion temporal shall be imposed
upon any person who shall forge the
Great Seal of the Government of the
Philippine Islands or the signature or
stamp of the Chief Executive.
Punishable Acts:
1. Forging the great seal of the
Government;
2. Forging the signature of the
President; or,
3. Forging the stamp of the President.
Note: When a Government document
the signature of the President is forged,
it is NOT called falsification. Article 161
supplied the specific provision to govern
the case. The name of the crime is
forging the signature of the Chief
Executive (Reyes, Book Two, p. 2012,
p. 188).
It would seem that if the Chief
Executive left with his secretary a
signature in blank, and a document is
written above it, the crime committed is
NOT covered by Article 161. The one
applicable is Article 171 or Article 172
(Ibid, p. 189).
Article 162. Using forged signature or
counterfeit seal or stamp. The
penalty of prision mayor shall be
imposed upon any person who shall
knowingly make use of the
counterfeit seal or forged signature
or stamp mentioned in the preceding
article.
Elements:
1. That the great seal of the Republic
has been counterfeited or that the
signature of the president has been
forged by another person;
2. The offender knew of the
counterfeiting or forgery;
3. He used the counterfeited seal or
forged signature or stamp.
The offender should not be the forger;
otherwise, he will be penalized under
Art. 161. In using forged signature or
stamp of the Chief Executive, or forged
seal, the participation of the offender is
in effect that of an accessory, and
although the general rule is that he
should be punished by a penalty two
degrees lower, under Art. 162 he is
punished by a penalty only one degree
lower (Ibid).
Article 163: Making and importing
and uttering false coins. Any
person who makes, imports, or
utters, false coins, in connivance
with counterfeiters, or importers,
shall suffer:
1. Prision mayor in its minimum and
medium periods and a fine not to
exceed P10,000 pesos, if the
counterfeited coin be silver coin of
the Philippines or coin of the Central
Bank of the Philippines of ten
centavo denomination or above.
2. Prision correccional in its
minimum and medium periods and a
fine of not to exceed P2,000 pesos, if
the counterfeited coins be any of the
minor coinage of the Philippines or of
the Central Bank of the Philippines
below ten-centavo denomination.
3. Prision correccional in its
minimum period and a fine not to
exceed P1,000 pesos, if the
counterfeited coin be currency of a
foreign country. (As amended by R.A.
No. 4202, approved June 19, 1965).
Elements:
1. That there be a false or counterfeited
coin;
2. The offender either made, imported
or uttered such coins; and
3. That in case of uttering such false or
counterfeited coins, he connived with
the counterfeiters or importers.
False or counterfeited coin if it is
forged or if it is not authorized by the
Government as legal tender, regardless
of its intrinsic value (Ibid, p. 191).
Counterfeiting means the imitation of
a legal or genuine coin. It may contain
more silver than the ordinary coin. There
must be an imitation of the peculiar
design of a genuine coin (Ibid).
To import fake coins is the act of
bringing them into port. The importation
is complete even before entry at the
Customs house (Ibid).
Utter to pass counterfeited coins. It
includes their delivery or the act of
giving them away. A counterfeited coin
is uttered when it is paid, when the
offender is caught counting the
counterfeited coins preparatory to the
act of delivering them, even though the
utter may not obtain the gain he
intended (Ibid).
Note: Former coins withdrawn from
circulation may still be counterfeited
under Art. 163 (Ibid, p. 192).
Article 164. Mutilation of coins;
Importation and utterance of
mutilated coins. The penalty of
prision correccional in its minimum
period and a fine not to exceed
P2,000 pesos shall be imposed upon
any person who shall mutilate coins
of the legal currency of the United
States or of the Philippine Islands or
import or utter mutilated current
coins, or in connivance with
mutilators or importers.
Punishable Acts:
1. Mutilating coins of the legal currency,
with the further requirement that
there be intent to damage or to
defraud another; or
2. Importing or uttering such mutilated
coins, with the further requirement
that there must be connivance with
the mutilator or importer in case of
uttering.
Mutilation means to take off part of
the metal either by filing it or substituting
it for another metal of inferior quality. It
is to diminish by ingenuous means the
metal in the coin (Ibid, p. 193).
Legal Tender the currency which has
been suitable by law for the purpose of
a tender of payment of debts (Ibid).
Article 165. Selling of false or
mutilated coin, without connivance.
The person who knowingly,
although without the connivance
mentioned in the preceding articles,
shall possess false or mutilated coin
with intent to utter the same, or shall
actually utter such coin, shall suffer a
penalty lower by one degree than that
prescribed in said articles.
Punishable Acts:
1. Possession of coin, counterfeited or
mutilated by another person, with
intent to utter the same, knowing that
it is false or mutilated.
Elements:
a. Possession;
b. With intent to utter;
c. Knowledge.
2. Actually uttering such false or
mutilated coin, knowing the same to
be false or mutilated.
Elements:
a. Actually uttering; and
b. Knowledge
Possession of or uttering false coin does
not require that the counterfeited coin is
legal tender.
The possession prohibited in Art. 165 of
the RPC is possession in general, that
is, not only actual, physical possession,
but also constructive possession or the
subjection of the thing to ones control,
otherwise offenders could easily evade
the law by the mere expedient of placing
other persons in actual, physical
possession of the thing although
retaining constructive possession or
actual control thereof (Ibid, p. 194,
citing People vs. Andrada).
Article 166. Forging treasury or bank
notes on other documents payable to
bearer; importing, and uttering such
false or forged notes and documents.
The forging or falsification of
treasury or bank notes or certificates
or other obligations and securities
payable to bearer and the importation
and uttering in connivance with
forgers or importers of such false or
forged obligations or notes, shall be
punished as follows:
1. By reclusion temporal in its
minimum period and a fine not to
exceed P10,000 pesos, if the
document which has been falsified,
counterfeited, or altered, is an
obligations or security of the United
States or of the Philippines Islands.
The word "obligation or security of
the United States or of the Philippine
Islands" shall be held to mean all
bonds, certificates of indebtedness,
national bank notes, fractional notes,
certificates of deposit, bills, checks,
or drafts for money, drawn by or
upon authorized officers of the
United States or of the Philippine
Islands, and other representatives of
value, of whatever denomination,
which have been or may be issued
under any act of the Congress of the
United States or of the Philippine
Legislature.
2. By prision mayor in its maximum
period and a fine not to exceed
P5,000 pesos, if the falsified or
altered document is a circulating
note issued by any banking
association duly authorized by law to
issue the same.
3. By prision mayor in its medium
period and a fine not to exceed
P5,000 pesos, if the falsified or
counterfeited document was issued
by a foreign government.
4. By prision mayor in its minimum
period and a fine not to exceed
P2,000 pesos, when the forged or
altered document is a circulating
note or bill issued by a foreign bank
duly authorized therefore.
Punishable Acts:
1. Forging or falsification of treasury,
bank notes or other documents
payable to bearer;
2. Importation of such false or forged
obligation or notes; or
3. Uttering of such false or forged
obligations or notes in connivance
with forgers or importers.
Obligation or security of the Philippines
shall be held to mean bonds,
certificates of indebtedness, national
bank notes, coupons, treasury notes,
fractional notes, certificates of deposits,
bills, checks, drafts for money, and other
representatives of value issued under
any Act of Congress (Ibid, p. 200).
An instrument is payable to bearer
when:
i. It is expressed to be so payable;
ii. It is payable to a person named
therein or bearer;
iii. It is payable to the order of a
fictitious or non-existing person,
and such fact was known to the
person making it so payable;
iv. The name of the payee does not
purport to be the name of any
person; or
v. The only or last indorsement is
an indorsement in blank (Section
9, Negotiable Instruments Law)
Article 167. Counterfeiting, importing
and uttering instruments not payable
to bearer. Any person who shall
forge, import or utter, in connivance
with the forgers or importers, any
instrument payable to order or other
document of credit not payable to
bearer, shall suffer the penalties of
prision correccional in its medium
and maximum periods and a fine not
exceeding P6,000 pesos.
Elements:
1. That there be an instrument payable
to order or other document of credit
not payable to bearer;
2. That the offender either forged,
imported or uttered such instrument;
and
3. That in case of uttering, he connived
with the forger or importer.
Article 168. Illegal possession and
use of false treasury or bank notes
and other instruments of credit.
Unless the act be one of those
coming under the provisions of any
of the preceding articles, any person
who shall knowingly use or have in
his possession, with intent to use
any of the false or falsified
instruments referred to in this
section, shall suffer the penalty next
lower in degree than that prescribed
in said articles.
Elements:
1. Any treasury or bank note or
certificate or other obligation and
certificate payable to bearer or any
instrument payable to order or other
document of credit not payable to
bearer is forged or falsified by
another person;
2. The offender knows that any of these
instrument is forged or falsified;
3. That he performs any of these acts:
a. Using any of such forged or
falsified instruments; or
b. Possession with intent to use,
any of the forged or falsified
instruments.
or demonetized, or have outlived their
usefulness; The forgery consists in the
addition of a word in an effort to give to
the present document the appearance
of a true and genuine certificate that it
used to have before it has withdrawn or
has outlived its usefulness (People vs.
Galana, GR No. 111806, March 9,
2000).
Acts of Falsification
PD 247: Penalizes willful defacement,
mutilation, tearing, burning, or
destroying of Central Bank notes and
coins.

Possession of false treasury or bank FORGERY FALSIFICATION

notes alone is not a criminal offense. As used in Article
It is the commission
For it constitutes an offense, possession 169, forgery
of any of the eight
must be with intent to use said false refers to the
(8) acts mentioned
treasury or bank notes (People vs. falsification andin Article 171 on
Digoro, GR No. L22032, March 4, counterfeiting oflegislative (pnly the
1966). treasury or bank act of making
notes or any alteration), public, or
Article 169. How forgery is instruments official, commercial,
committed. The forgery referred to payable to the or private
in this section may be committed by bearer or to order
documents, or
any of the following means: wireless, or
1. By giving to a treasury or bank telegraph messages
note or any instrument, payable to (Reyes, Book Two, 2012, p. 208)
bearer or order mentioned therein,
the appearance of a true genuine The essence of forgery is giving a
document. document the appearance of a true and
2. By erasing, substituting, genuine document. Hence, mere
counterfeiting or altering by any change on a document does not amount
means the figures, letters, words or to this crime.
signs contained therein.
Republic Act No. 10365 AN ACT
Forgery Includes: FURTHER STRENGTHENING THE
Acts of Counterfeiting forging treasury ANTI-MONEY LAUNDERING LAW,
or bank notes and other documents.
AMENDING FOR THE
This provision contemplates not
only situations involving spurious, false PURPOSE REPUBLIC ACT NO. 9160,
or fake document, but also situations OTHERWISE KNOWN AS THE ANTI-
involving originally true and genuine MONEY LAUNDERING ACT OF 2001,
documents which have been withdrawn AS AMENDED

Money Laundering Offense Money
laundering is committed by any person
who, knowing that any monetary
instrument or property represents,
involves, or relates to the proceeds of
any unlawful activity:
(a) transacts said monetary
instrument or property;
(b) converts, transfers, disposes
of, moves, acquires, possesses
or uses said monetary instrument
or property;
(c) conceals or disguises the true
nature, source, location,
disposition, movement or
ownership of or rights with
respect to said monetary
instrument or property;
(d) attempts or conspires to
commit money laundering
offenses referred to in
paragraphs (a), (b) or (c);
(e) aids, abets, assists in or
counsels the commission of the
money laundering offenses
referred to in paragraphs (a), (b)
or (c) above; and
(f) performs or fails to perform
any act as a result of which he
facilitates the offense of money
laundering referred to in
paragraphs (a), (b) or (c) above.
Money laundering is also committed by
any covered person who, knowing that a
covered or suspicious transaction is
required under this Act to be reported to
the Anti-Money Laundering Council
(AMLC), fails to do so (Section 4, RA
9160, as amended by RA 10365).
Unlawful activity refers to any act or
omission or series or combination
thereof involving or having direct relation
to the following:
(1) Kidnapping for ransom under Article
267 of Act No. 3815, otherwise known
as the Revised Penal Code, as
amended;
(2) Sections 4, 5, 6, 8, 9, 10, 11, 12, 13,
14, 15 and 16 of Republic Act No. 9165,
otherwise known as the Comprehensive
Dangerous Drugs Act of 2002;
(3) Section 3 paragraphs B, C, E, G, H
and I of Republic Act No. 3019, as
amended, otherwise known as the Anti-
Graft and Corrupt Practices Act;
(4) Plunder under Republic Act No.
7080, as amended;
(5) Robbery and extortion under Articles
294, 295, 296, 299, 300, 301 and 302 of
the Revised Penal Code, as amended;
(6) Jueteng and Masiao punished as
illegal gambling under Presidential
Decree No. 1602;
(7) Piracy on the high seas under the
Revised Penal Code, as amended and
Presidential Decree No. 532;
(8) Qualified theft under Article 310 of
the Revised Penal Code, as amended;
(9) Swindling under Article 315 and
Other Forms of Swindling under Article
316 of the Revised Penal Code, as
amended;
(10) Smuggling under Republic Act Nos.
455 and 1937;
(11) Violations of Republic Act No.
8792, otherwise known as the Electronic
Commerce Act of 2000;
(12) Hijacking and other violations under
Republic Act No. 6235; destructive
arson and murder, as defined under the
Revised Penal Code, as amended;
(13) Terrorism and conspiracy to commit
terrorism as defined and penalized
under Sections 3 and 4 of Republic Act
No. 9372;
(14) Financing of terrorism under
Section 4 and offenses punishable
under Sections 5, 6, 7 and 8 of Republic
Act No. 10168, otherwise known as the
Terrorism Financing Prevention and
Suppression Act of 2012:
(15) Bribery under Articles 210, 211 and
211-A of the Revised Penal Code, as
amended, and Corruption of Public
Officers under Article 212 of the Revised
Penal Code, as amended;
(16) Frauds and Illegal Exactions and
Transactions under Articles 213, 214,
215 and 216 of the Revised Penal
Code, as amended;
(17) Malversation of Public Funds and
Property under Articles 217 and 222 of
the Revised Penal Code, as amended;
(18) Forgeries and Counterfeiting under
Articles 163, 166, 167, 168, 169 and
176 of the Revised Penal Code, as
amended;
(19) Violations of Sections 4 to 6 of
Republic Act No. 9208, otherwise known
as the Anti-Trafficking in Persons Act of
2003;
(20) Violations of Sections 78 to 79 of
Chapter IV, of Presidential Decree No.
705, otherwise known as the Revised
Forestry Code of the Philippines, as
amended;
(21) Violations of Sections 86 to 106 of
Chapter VI, of Republic Act No. 8550,
otherwise known as the Philippine
Fisheries Code of 1998;
(22) Violations of Sections 101 to 107,
and 110 of Republic Act No. 7942,
otherwise known as the Philippine
Mining Act of 1995;
(23) Violations of Section 27(c), (e), (f),
(g) and (i), of Republic Act No. 9147,
otherwise known as the Wildlife
Resources Conservation and Protection
Act;
(24) Violation of Section 7(b) of Republic
Act No. 9072, otherwise known as the
National Caves and Cave Resources
Management Protection Act;
(25) Violation of Republic Act No. 6539,
otherwise known as the Anti-Carnapping
Act of 2002, as amended;
(26) Violations of Sections 1, 3 and 5 of
Presidential Decree No. 1866, as
amended, otherwise known as the
decree Codifying the Laws on
Illegal/Unlawful Possession,
Manufacture, Dealing In, Acquisition or
Disposition of Firearms, Ammunition or
Explosives;
(27) Violation of Presidential Decree No.
1612, otherwise known as the Anti-
Fencing Law;
(28) Violation of Section 6 of Republic
Act No. 8042, otherwise known as the
Migrant Workers and Overseas Filipinos
Act of 1995, as amended by Republic
Act No. 10022;
(29) Violation of Republic Act No. 8293,
otherwise known as the Intellectual
Property Code of the Philippines;
(30) Violation of Section 4 of Republic
Act No. 9995, otherwise known as the
Anti-Photo and Video Voyeurism Act of
2009;
(31) Violation of Section 4 of Republic
Act No. 9775, otherwise known as the
Anti-Child Pornography Act of 2009;
(32) Violations of Sections 5, 7, 8, 9,
10(c), (d) and (e), 11, 12 and 14 of
Republic Act No. 7610, otherwise known
as the Special Protection of Children
Against Abuse, Exploitation and
Discrimination;
(33) Fraudulent practices and other
violations under Republic Act No. 8799,
otherwise known as the Securities
Regulation Code of 2000; and
(34) Felonies or offenses of a similar
nature that are punishable under the
penal laws of other countries (Section
3[i], RA 9160, as amended by RA
10365).
Covered transaction is a transaction
in cash or other equivalent monetary
instrument involving a total amount in
excess of Five hundred thousand pesos
(Php 500,00.00) within one (1) banking
day (Section 3[b], Ibid).
Suspicious transactions are
transactions with covered institutions,
regardless of the amounts involved,
where any of the following
circumstances exist:
1. There is no underlying legal or
trade obligation, purpose or
economic justification;
2. The client is not properly
identified;
3. The amount involved is not
commensurate with the
business of financial capacity
of the client;
4. Taking into account all known
circumstances, it may be
perceived that the clients
transaction is structured, in
order to avoid being the
subject of reporting
requirements under the Act;
5. Any circumstances relating to
the transaction which is
observed to deviate from the
profile of the client and/or the
clients past transactions with
the covered institution;
6. The transaction is in any way
related to an unlawful activity
or offense under this Act that
is about to be, is being or has
been committed; or
7. Any transaction that is similar
or analogous to any of the
foregoing (Section 3[b1],
Ibid).
Article 170. Falsification of legislative
documents. The penalty of prision
correccional in its maximum period
and a fine not exceeding P6,000
pesos shall be imposed upon any
person who, without proper authority
therefor alters any bill, resolution, or
ordinance enacted or approved or
pending approval by either House of
the Legislature or any provincial statements other than those in fact
board or municipal council. made by them;
Elements: 4. Making untruthful statements in a
1. There is a bill, resolution or narration of facts;
ordinance enacted or approved or 5. Altering true dates;
pending approval by Congress or 6. Making any alteration or
any Provincial Board or Municipal intercalation in a genuine document
Council which includes City Council
which changes its meaning;
or Municipal Board;
7. Issuing in an authenticated form a
2. The offender alters the same;
document purporting to be a copy of
3. The offender has no proper authority
an original document when no such
therefore; and
original exists, or including in such a
4. The alteration has changed the
copy a statement contrary to, or
meaning of the document.
different from, that of the genuine
original; or
In relation to this Article, the bill,
8. Intercalating any instrument or
resolution or ordinance must be
note relative to the issuance thereof
genuine. As to the offender, such may
in a protocol, registry, or official
be any person who has no proper
book.
authority to make the alteration.
Therefore, the offender may be a private
The same penalty shall be imposed
individual or a public officer. The act of
upon any ecclesiastical minister who
falsification in legislative document is
shall commit any of the offenses
limited to altering it which changes its
enumerated in the preceding
meaning (Reyes, Book Two, 2012, p.
paragraphs of this article, with
209).
respect to any record or document of
such character that its falsification
Article 171. Falsification by public
may affect the civil status of persons.
officer, employee or notary or
Elements:
ecclesiastic minister. The penalty
1. The offender is a public officer or
of prision mayor and a fine not to
a notary public or an
exceed P5,000 pesos shall be
ecclesiastical minister;
imposed upon any public officer,
2. He takes advantage of his official
employee, or notary who, taking
position;
advantage of his official position,
3. He falsifies a document by
shall falsify a document by
committing any of the following
committing any of the following acts:
acts:
1. Counterfeiting or imitating any
handwriting, signature or rubric;
a. Counterfeiting or imitating
2. Causing it to appear that persons
any handwriting, signature
have participated in any act or
or rubric (par. 1);
proceeding when they did not in fact
b. Causing it to appear that
so participate;
persons have participated
3. Attributing to persons who have in any act or proceeding
participated in an act or proceeding when they did not in fact
so participate (par. 2);
 c. Attributing to persons who
have participated in an act
or proceeding statements
other than those in fact
made by such person/s
(par. 3)
d. Making untruthful
statements in a narration
of facts (par. 4);
e. Altering true dates (par. 5);
f. Making any alteration or
intercalation in a genuine
document which changes
its meaning (par. 6)
g. Issuing in an authenticated
form a document
purported to be a copy of
an original document when
no such original exist; or
including in such copy a
statement contrary to or
different from that of the
genuine original (par. 7);
h. Intercalating any
instrument or note relative
to the issuance thereof in
a protocol, registry, or
official book (par. 8).
4. In case the offender is an
ecclesiastical minister, the act of
falsification is committed with
respect to any record or
document of such character that
its falsification may affect the civil
status of persons.
Requisites of Par. No. 1
1. There is an intent to imitate or
attempt to imitate; and
2. That the two signatures or
handwritings, the genuine and the
forged, bear some resemblance to
each other limitation of anothers
signature need not to be perfect.
Counterfeiting imitating any
handwriting, signature or rubric.
Imitating (feigning) simulating a
signature, handwriting, or rubric out of
one which does not in fact exist
Requisites of Par. No. 2
1. That the offender caused it to appear
in a document that a person or
persons participated in an act or
proceeding; and
2. That such person or persons did not
in fact so participate in the act or
proceeding.
Requisites of Par. No. 3
1. That a person or persons
participated in an act or a
proceeding;
2. That such person or persons made
statements in that act or proceeding;
and
3. That the offender, in making a
document, attributed to such person
or persons statements other than
those in fact made by such person or
persons.
Requisites of Par. No. 4
1. That the offender makes in a
document statements in a narration
of facts;
2. That he has a legal obligation to
disclose the truth of the facts
narrated by him;
3. That the facts narrated by the
offender are absolutely false; and
4. That the perversion of truth in the
narration of facts was made with the
wrongful intent of injuring a third
person.
It is merely an account or description of
the particulars of an event or
occurrence. Hence, the use of words or
figures or numbers or any combination
of two or three said things, as long as it
describes an event or occurrence is
sufficient to make a narration of facts
as defined under Article 171 (4) of the
RPC (Bartolo vs. Sandiganbayan, GR
No. 172123, April 16, 2009).
Legal obligation means that there is
a law requiring the disclosure of the
truth of the facts narrated (Reyes, Book
Two, 2012, p. 219).
Par. No. 5
Date must be essential such as it affects
either the veracity of the document or
the effects thereof (Ibid, p. 223).
Requisites of Par. No. 6
1. That there be an alteration (change)
or intercalation (insertion) on a
document;
2. That it was made on a genuine
document;
3. That the alteration or intercalation
has changed the meaning of the
document; and
4. That the change made the document
speaks something false.
Alteration which speaks the truth is not
falsification. The idea of deception is
inherent in the word alteration of
making the instrument speak something
which the parties did not intend it to
speak (US vs. Mateo, GR No. 8025,
September 17, 1913).
In falsification, the document need not
be an authentic official paper since its
simulation, in fact, is the essence of
falsification (Nizurtado vs.
Sanganbayan, GR No. 107383,
December 7, 1994)
Par. No. 7
The acts of falsification
mentioned in this paragraph can be
committed only a public officer or notary
public who takes advantage of his
official position, since the authentication
of a document can be made only by the
custodian or the one who prepared and
retained a copy of the original document
(Reyes, Book Two, 2012, p. 226).
Intent to gain or prejudice is not
necessary, because it is the interest of
the community which is intended to be
guaranteed by the strict faithfulness of
the officials charged with the preparation
or preservation of the acts in which they
intervene (Ibid).
Article 172. Falsification by private
individual and use of falsified
documents. The penalty of prision
correccional in its medium and
maximum periods and a fine of not
more than P5,000 pesos shall be
imposed upon:
1. Any private individual who shall
commit any of the falsifications
enumerated in the next preceding
article in any public or official
document or letter of exchange or
any other kind of commercial
document; and
2. Any person who, to the damage of
a third party, or with the intent to
cause such damage, shall in any
private document commit any of the
acts of falsification enumerated in the
next preceding article.
Any person who shall knowingly
introduce in evidence in any judicial
proceeding or to the damage of
another or who, with the intent to
cause such damage, shall use any of
the false documents embraced in the
 next preceding article, or in any of
the foregoing subdivisions of this
article, shall be punished by the
penalty next lower in degree.
Punishable Acts:
1. Falsification of public, official or
commercial documents by a private
individual (par. 1)
Elements:
a. Offender is a private individual
or public officer or employee
who did not take advantage of
his official position;
b. He committed any acts of
falsification under Art. 171;
and
c. Falsification was committed in
a public or official, or
commercial document.
Importance of the classification of
documents:
In private documents, criminal
liability will not arise, unless there is
damage caused or it has been
established that the accused acted with
intent to cause damages. Mere falsity
will not bring about criminal liability but
only civil liability.
In public documents or
commercial documents, criminal liability
can arise although nobody suffered
damage out of the falsification and it is
not necessary to prove that the accused
acted with intent to cause damage.
Document is any written statement by
which a right is established or an
obligation extinguished or by which a
fact may be proved or affirmed.
Four Kinds of Documents:
i. Public document one that has
been notarized, one that is part of
public record, any instrument
authorized by a notary public or a
competent public official, with the
solemnities (Cacnio vs. Baens, GR
No. 2116, March 16, 1906).
ii. Official document the execution
of which a public official takes part, a
documents which is issued by a
public official in the exercise of the
functions of his office
iii. Commercial document prepared
in accordance with mercantile law,
any document defined and regulated
by the Code of Commerce or any
other commercial laws; and
iv. Private document the execution
of which only private individuals take
part, a deed or instrument executed
by a private person without the
intervention of a notary public or
other person legally authorized, by
which document some disposition or
agreement is proved, evidenced or
set forth (US vs. Orera, GR No.
3810, October 18, 1907).
2. Falsification of private document by
any person (par. 2)
Elements:
a. Offender committed any of the
acts of falsification except Art.
171(7);
b. It was committed in any
private document; and
c. Falsification caused damage
to a third party or at least the
falsification was committed
was intent to cause such
damage.
Damage need not be material, damage
to ones honor is included (People vs.
Marasigan, GR No. 6040, October 18,
1940).
Generally, falsification is consummated
when the genuine document is altered
or the moment the false document is If a person makes, presents or uses any
executed. It is immaterial that the record, document, paper or object with
offender did not achieve his objective. knowledge of its falsity and with intent to
affect the course or outcome of the
There is no complex crime of estafa investigation of, or official proceedings
through falsification of private document in criminal cases, such person is liable
because the immediate effect of under PD 1829.
falsification of private document is the
same as that of estafa. ARTICLE ARTICL
171 E 172
There is no falsification of private The offender The offender includes a
document through reckless imprudence is a public private individual.
since there is at least intent to cause officer,
damage, that is, there must be malice. notary public
or
3. Use of falsified document in a judicial ecclesiastica
proceeding or in any other l minister.
proceeding (last par.) The The document falsified is
Elements: document classified into public,
Introducing in a judicial proceeding falsified is official and commercial,
a. Offender knew that a any on the one hand, and
document was falsified by document. private on the other.
another person; Damage is Damage is an element in
b. The false document is not an the case of falsification
embraced in Article 171 or in element but and in the use of falsified
any subdivisions No. 1 or 2 of the erosion document not in judicial
Article 172; of public proceedings.
c. He introduced the said faith in the
document in evidence in any documents.
judicial proceeding.

Use in any other transaction

Article 173. Falsification of wireless,
a. Offender knew that a cable, telegraph and telephone
document was falsified by messages, and use of said falsified
another person; messages. The penalty of prision
b. The false document is correccional in its medium and
embraced in Article 171 or in maximum periods shall be imposed
any of the subdivision no. 1 or upon officer or employee of the
2 of Article 172; Government or of any private
c. He used such document but corporation or concern engaged in
not in a judicial proceedings; the service of sending or receiving
and wireless, cable or telephone message
d. The use of false document who utters a fictitious wireless,
caused damage to another or telegraph or telephone message of
at least it was used with intent any system or falsifies the same.
to cause damage to another.
Any person who shall use such
falsified dispatch to the prejudice of a
third party or with the intent of cause
such prejudice, shall suffer the
penalty next lower in degree.
Note: Since falsification of a private
document, there is at least intent to
cause damage that is there must be
malice, and falsification through
imprudence implies lack of such intent
or malice, there is no such crime as
falsification of a private document
negligence or reckless imprudence.
Punishable Acts:
1. Uttering fictitious wireless, telegraph
or telephone messages;
2. Falsifying wireless, telegraph or
telephone messages; and
Common elements for the two acts:
a. The offender is an officer or
employee of the government or
private corporation engaged in the
service of sending and receiving
wireless cable or telephone
message;
b. Offender commits any of the above
acts.
3. Using such falsified messages
Elements:
a. Accused knew that wireless, cable,
telegraph or telephone message was
falsified by any persons specified in
the first paragraph of Art. 173;
b. The accused used such falsified
dispatch;
c. That the use of the falsified dispatch
resulted in the prejudice of a third
party, or that the use thereof was
with intent to cause such prejudice.
Article 174. False medical
certificates, false certificates of
merits or service, etc. The
penalties of arresto mayor in its
maximum period to prision
correccional in its minimum period
and a fine not to exceed P1,000
pesos shall be imposed upon:
1. Any physician or surgeon who, in
connection, with the practice of his
profession, shall issue a false
certificate; and
2. Any public officer who shall issue
a false certificate of merit of service,
good conduct or similar
circumstances.
The penalty of arresto mayor shall be
imposed upon any private person
who shall falsify a certificate falling
within the classes mentioned in the
two preceding subdivisions.
Certificate is any writing by which
testimony is given that a fact has or has
not taken place.
Person liable:
a. Physician or surgeon in
connection with the practice of
his profession, shall issue a false
certificate (crime is False
Medical Certificate by a
physician);
b. Public officer issue a false
certificate of merit of service,
good conduct or similar
circumstances (crime is False
Certificate of Merit or Service
by a public officer); and
c. Private person falsify a
certificate failing within the
classes mentioned in the two
preceding subdivisions (crime is
False Medical Certificate by a
private individual, False
Certificate of Merit or Service
or by a private individual).
Article 175. Using false certificates.
The penalty of arresto menor shall
be imposed upon any one who shall
knowingly use any of the false
certificates mentioned in the next
preceding article.
Elements:
1. A physician or surgeon had issued a
false medical certificate, or a public
officer had issued a false certificate
of merit or service, good conduct or
similar circumstances or a private
person had falsified any of said
certificates;
2. The offender knew that the certificate
was false; and
3. He used the same.
Note: When any of the false certificates
mentioned in Article 174 is used in the
judicial proceeding, Article 172 does not
apply, because the use of false
document in judicial proceeding under
Article 172 is limited to those false
documents embraced in Articles 171 &
172 (Reyes, Book Two, 2012, p. 246).
Article 176. Manufacturing and
possession of instruments or
implements for falsification. The
penalty of prision correccional in its
medium and maximum periods and a
fine not to exceed P10,000 pesos
shall be imposed upon any person
who shall make or introduce into the
Philippine Islands any stamps, dies,
marks, or other instruments or
implements intended to be used in
the commission of the offenses of
counterfeiting or falsification
mentioned in the preceding sections
of this Chapter.
Any person who, with the intention of
using them, shall have in his
possession any of the instruments or
implements mentioned in the
preceding paragraphs, shall suffer
the penalty next lower in degree than
that provided therein.
Fictitious Name any other name which
a person publicly applies to himself
without authority of law is a fictitious
name.
Punishable Acts:
1. Making or introducing into the
Philippines any stamps, dies, marks,
or other instruments or implements
intended to be used in the
commission of the offenses of
counterfeiting or falsification;
2. Possessing with intent to use the
instruments or implements for
counterfeiting or falsification made in
or introduced into the Philippines by
another person.
The possession prohibited in Articles
165 and 176 of the RPC is possession
in general, that is, not only actual,
physical possession, but also
constructive possession or the
subjection of the thing to ones control.
Article 177. Usurpation of authority or
official functions. Any person who
shall knowingly and falsely represent
himself to be an officer, agent or
representative of any department or
agency of the Philippine Government
or of any foreign government, or
who, under pretense of official
position, shall perform any act
pertaining to any person in authority
or public officer of the Philippine
Government or any foreign
government, or any agency thereof,
without being lawfully entitled to do
so, shall suffer the penalty of prision
correccional in its minimum and
medium periods.
Punishable Acts:
1. Usurpation of Authority - By
knowingly and falsely representing
oneself to be an officer, agent or
representative of any department or
agency of the Philippine government
or of any foreign government.
2. Usurpation of Official Functions -
By performing any act pertaining to
any person in authority or public
officer of the Philippine Government
or of a foreign government or any
agency thereof, under the pretense
of official position, and without being
lawfully entitled to do so.
Article 178. Using fictitious name and
concealing true name. The penalty
of arresto mayor and a fine not to
exceed 500 pesos shall be imposed
upon any person who shall publicly
use a fictitious name for the purpose
of concealing a crime, evading the
execution of a judgment or causing
damage.
Any person who conceals his true
name and other personal
circumstances shall be punished by
arresto menor or a fine not to exceed
200 pesos.
Punishable Acts:
1. Using fictitious name
Elements:
a. The offender uses a name other
than his real name;
b. He uses the fictitious name
publicly; and
c. The purpose of the offender is:
i. To control a crime;
ii. To evade the execution of a
judgment;
iii. To cause damage to public
interest.
Damage must be to public interest. If
damage is to private interest, the crime
will be estafa under Article 315 [2(a)]
The signing of a fictitious name in an
application for passport, is publicly using
such fictitious name in an application
(US vs. To Lee Piu, GR No. 11522,
September 26, 1916).
2. Concealing true name
Elements:
a. The offender conceals his true
name and all other personal
circumstances; and
b. The purpose is only to conceal
his identity.
Use of fictitious Concealing true
name name
Purpose is either Purpose is merely
to conceal a to conceal identity.
crime, to evade
execution of
judgment, or to
cause damage.
The element of The element of
publicity is publicity is not
present. necessary.
(Reyes, Book Two, 2012, p. 256)
Article 179. Illegal use of uniforms or
insignia. The penalty of arresto
mayor shall be imposed upon any
person who shall publicly and
improperly make use of insignia,
uniforms or dress pertaining to an
office not held by such person or to a
class of persons of which he is not a
member.
Elements:
1. The offender makes use of insignia,
uniform or dress;
2. The insignia, uniform or dress
pertains to an office not held by the
offender or to a class of persons of
which he is not a member; and
3. The said insignia, uniform or dress is
used publicly and improperly.
Note: An exact imitation is not
necessary. A colorable resemblance
calculated to deceive the common run of
the people not those thoroughly
familiar with every detail or accessory
thereof is sufficient (People vs.
Romero, GR No. 20249R and 20250,
October 6, 1961).
Article 180: False testimony against a
defendant. Any person who shall
give false testimony against the
defendant in any criminal case shall
suffer:
1. The penalty of reclusion temporal,
if the defendant in said case shall
have been sentenced to death;
2. The penalty of prision mayor, if the
defendant shall have been sentenced
to reclusion temporal or reclusion
perpetua;
3. The penalty of prision
correccional, if the defendant shall
have been sentenced to any other
afflictive penalty; and
4. The penalty of arresto mayor, if the
defendant shall have been sentenced
to a correctional penalty or a fine, or
shall have been acquitted.
In cases provided in subdivisions 3
and 4 of this article the offender shall
further suffer a fine not to exceed
1,000 pesos.
Elements:
1. There is a criminal proceeding;
2. The offender testifies falsely under
oath against the defendant therein;
3. The offender who gives false
testimony knows that it is false; and
4. The defendant against whom the
false testimony is given is either
acquitted or convicted in a final
judgment.
False testimony is committed by a
person who, being under oath and
required to testify as the truth of a
certain matter at a hearing before a
competent authority, shall deny the truth
or say something contrary to it.
Forms of False Testimony:
In criminal cases (Article 180 -181);
In civil cases (Article 182);
In other cases (special proceedings,
administrative proceedings) (Article
183).
Note: defendant must be sentenced at
least to (1) a correctional penalty, or (2)
a fine, or (3) must be acquitted.
Article 181. False testimony
favorable to the defendants. Any
person who shall give false
testimony in favor of the defendant in
a criminal case, shall suffer the
penalties of arresto mayor in its
maximum period to prision
correccional in its minimum period a
fine not to exceed 1,000 pesos, if the
prosecution is for a felony
punishable by an afflictive penalty,
and the penalty of arresto mayor in
any other case.
False testimony favorable to the
defendant is equally repugnant to the
orderly administration of justice.
The false testimony in favor of
defendant need not directly influence
the decision of acquittal. The false
testimony favorable to the defendant
need not benefit the defendant.

Conviction or acquittal of defendant in
principal case is not necessary.
Article 182. False testimony in civil
cases. Any person found guilty of
false testimony in a civil case shall
suffer the penalty of prision
correccional in its minimum period
and a fine not to exceed 6,000 pesos,
if the amount in controversy shall
exceed 5,000 pesos, and the penalty
of arresto mayor in its maximum
period to prision correccional in its
minimum period and a fine not to
exceed 1,000 pesos, if the amount in
controversy shall not exceed said
amount or cannot be estimated.
Elements:
1. The testimony must be given in a
civil case;
2. It must relate to the issues presented
in said case;
3. It must be false;
4. It must be given by the defendant
knowing the same to be false; and
5. The testimony must be malicious
and given with an intent to affect the
issues presented in said case.
Article 182 is applicable only to ordinary
or special civil actions and
supplementary or ancillary proceedings,
but not applicable when the false
testimony is given in special
proceedings. The penalty depends on
the amount of the controversy.
Article 183 False testimony in other
cases and perjury in solemn
affirmation. The penalty of arresto
mayor in its maximum period to
prision correccional in its minimum
period shall be imposed upon any
person, who knowingly makes
untruthful statements and not being
included in the provisions of the next
preceding articles, shall testify under
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.
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.
Elements of perjury:
1. Accused made a statement under
oath or executed an affidavit upon a
material matter;
2. The statement or affidavit was made
before a competent officer,
authorized to receive and administer
oaths;
3. The accused made a willful and
deliberate assertion of a falsehood;
and
4. That the sworn statement or affidavit
containing the falsity is required by
law or authorized by law.
Two ways of committing perjury
1. Falsely testifying under oath; or
2. Making a false affidavit.
Oath any form of attestation by which
a person signifies that he is bound in
conscience to perform an act faithfully
and truthfully.
Affidavit a sworn statement in writing,
a declaration in writing, made upon oath
before an authorized magistrate or
officer.
Material matter it is the main fact
which is the subject of the inquiry or any
circumstance which tends to prove that
fact, or any fact or circumstance which
tends to corroborate or strengthen the
testimony relative to the subject inquiry,
or which legitimately affects the credit of
any witness who testifies.
Subornation of Perjury procures
another to swear falsely and the witness
committed perjury. There is no crime of
subordination of perjury. The crime is
now treated as plan perjury with the one
inducing another as the principal by
inducement and the latter, as principal
by direct participation
Article 183 governs false testimony
given in cases other than those
punished in Articles 180182, and in
actions for perjury
Article 184. Offering false testimony
in evidence. Any person who shall
knowingly offer in evidence a false
witness or testimony in any judicial
or official proceeding, shall be
punished as guilty of false testimony
and shall suffer the respective
penalties provided in this section.
Elements:
1. Offender offered in evidence a false
witness or false testimony;
2. He knew the witness or the
testimony was false; and
3. The offer was made in any judicial or
official proceeding.
Note: Article 184 does not apply when
the offender induced a witness to testify
falsely. Article 184 applies when the
offender knowingly presented a false
witness, and the latter testified falsely. If
there is an inducement, Articles 180,
181, 182 or 183 in relation to Article 7
par. 2, will apply.
Article 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 minimum
period and a fine ranging from 10 to
50 per centum of the value of the
thing auctioned.
Punishable Acts:
1. Soliciting any gift or promise as a
consideration for refraining from
taking part in public auction.
Elements:
a. There be a public auction;
b. The accused solicited any gift
or a promise from any of the
bidders;
c. Such gift or promise is in
consideration for his refraining
from taking part in that public
auction; and
d. The accused had the intent to
cause the reduction of the
price of the thing auctioned.
2. Attempting to cause bidders to stay
away from an auction by threats,
gifts, promises or any other artifice.
Elements:
a. There be a public auction;
b. The accused attempted to cause
the bidders to stay away from
that public auction;
c. It was done by threats, gifts,
promises or any other article; and
d. The accused had the intent to
cause the reduction of the price
of the thing auctioned.
Note: If the machinations are carried out
by threats or coercion, these acts are
generally absorbed; but if bribery is
employed, it will always be prosecuted
as a separate crime. Mere attempt
consummates the crime.
Article 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:
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;
2. Any person who shall monopolize
any merchandise or object of trade or
commerce, or shall combine with any
other person or persons to
monopolize and merchandise or
object in order to alter the price
thereof by spreading false rumors or
making use of any other article to
restrain free competition in the
market;
3. Any person who, being a
manufacturer, producer, or processor
of any merchandise or object of
commerce or an importer of any
merchandise or object of commerce
from any foreign country, either as
principal or agent, wholesaler or
retailer, shall combine, conspire or
agree in any manner with any person
likewise engaged in the manufacture,
production, processing, assembling
or importation of such merchandise
or object of commerce or with any
other persons not so similarly
engaged for the purpose of making
transactions prejudicial to lawful
commerce, or of increasing the
market price in any part of the
Philippines, of any such merchandise
or object of commerce manufactured,
produced, processed, assembled in
or imported into the Philippines, or of
any article in the manufacture of
which such manufactured, produced,
or imported merchandise or object of
commerce is used.
If the offense mentioned in this
article affects any food substance,
motor fuel or lubricants, or other
articles of prime necessity, the
penalty shall be that of prision mayor
in its maximum and medium periods
it being sufficient for the imposition
thereof that the initial steps have
been taken toward carrying out the
purposes of the combination.
Any property possessed under any
contract or by any combination
mentioned in the preceding
paragraphs, and being the subject
thereof, shall be forfeited to the
Government of the Philippines.
Whenever any of the offenses
described above is committed by a
corporation or association, the
president and each one of its agents
or representatives in the Philippines
in case of a foreign corporation or
association, who shall have
knowingly permitted or failed to
prevent the commission of such
offense, shall be held liable as
principals thereof.
Acts punishable:
a. Combination to prevent free
competition in the market;
b. Monopoly to restrain free competition
in the market;
c. Manufacturer, producer, processor
or importer combining, conspiring or
agreeing with any person to make
transactions prejudicial to lawful
 commerce or to increase the market
price of merchandise.
The theory of the law in penalizing
monopolies and combinations in
restraint of trade is that competition, not
combination, should be the law of trade.
Note: When offense is committed by a
corporation or association, the president
and directors or managers are liable
when:
a. They knowingly permitted; or
b. Failed to prevent the commission of
such offenses.
Article 187: Importation and
disposition of falsely marked articles
or merchandise made of gold, silver,
or other precious metals or their
alloys. The penalty of prision
correccional or a fine ranging from
200 to 1,000 pesos, or both, shall be
imposed on any person who shall
knowingly import or sell or dispose
of any article or merchandise made
of gold, silver, or other precious
metals, or their alloys, with stamps,
brands, or marks which fail to
indicate the actual fineness or quality
of said metals or alloys.
Any stamp, brand, label, or mark
shall be deemed to fail to indicate the
actual fineness of the article on
which it is engraved, printed,
stamped, labeled or attached, when
the rest of the article shows that the
quality or fineness thereof is less by
more than one-half karat, if made of
gold, and less by more than four one-
thousandth, if made of silver, than
what is shown by said stamp, brand,
label or mark. But in case of watch
cases and flatware made of gold, the
actual fineness of such gold shall not
be less by more than three one-
thousandth than the fineness
indicated by said stamp, brand, label,
or mark.
Elements:
1. The offender imports, sells, or
disposes any of those articles or
merchandise;
2. The stamps, brands, or marks of
those articles of merchandise fail to
indicate the actual fitness or quality
of said metals or alloys; or
3. The offender knows that the stamps,
brands, or marks fail, to indicate the
actual fineness or quality of the
metals or alloys.
Articles or Merchandise Involved
those made of gold, silver, or other
precious metals, or their alloys.
It is not necessary that articles be sold
and the public actually be deceived, but
there must be evidence showing that
they were imported. Article 187 does not
apply to manufacturer of misbranded
articles made of gold, silver, etc.
The manufacturer who alters the quality
or fineness of anything pertaining to his
art or business is liable for estafa under
Art. 315 [2(b)] of the RPC.
Articles 188 and 189 have been
repealed by the Intellectual Property
Code
TITLE FIVE. CRIMES RELATIVE TO
OPIUM AND OTHER PROHIBITED
DRUGS (ARTICLES 188194)
repealed by the Dangerous Drugs Act
Republic Act No. 9165 AN ACT
INSTITUTING THE COMPREHENSIVE
DANGEROUS DRUGS ACT OF 2002,
REPEALING REPUBLIC ACT NO.
6425, OTHERWISE KNOWN AS THE
DANGEROUS DRUGS ACT OF 1972, 5. Manufacture of Dangerous Drugs
AS AMENDED, PROVIDING FUNDS and/or Controlled Precursors and
THEREFOR, AND FOR OTHER Essential Chemicals (Section 8,
PURPOSES (or commonly known as Ibid);
Dangerous Drugs Act) 6. Illegal Chemical Diversion of
Controlled Precursors and Essential
Punishable Acts Chemicals (Section 9, Ibid);
1. Importation of Dangerous Drugs 7. Manufacture or Delivery of
and/or Controlled Precursors and Equipment, Instrument, Apparatus,
Essential Chemicals (Section 4, RA and Other Paraphernalia for
9165); Dangerous Drugs and/or Controlled
2. Sale, Trading, Administration, Precursors and Essential Chemicals
Dispensation, Delivery, Distribution (Section 10, Ibid);
and Transportation of Dangerous 8. Possession of Dangerous Drugs
Drugs and/or Controlled Precursors (Section 11, Ibid);
and Essential Chemicals (Section 5, 9. Possession of Equipment,
Ibid); Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs;
Note: In order to sustain a conviction for
selling prohibited drugs, the element of Note: The possession of such
sale must be unequivocally established. equipment, instrument, apparatus
What the law proscribes is not only the and other paraphernalia fit or
act of selling but also the act of intended for any of the purposes
delivering. What is important is that the enumerated in the preceding
poseurbuyer received the drugs from paragraph shall be prima
the accused (People vs. Ponferada, facie evidence that the possessor
G.R. No. 101004, March 17, 1993). has smoked, consumed,
The following elements must concur: administered to himself/herself,
a. The identity of the buyer and the injected, ingested or used a
seller, the object and the dangerous drug and shall be
consideration of the sale; and presumed to have violated Section
b. The delivery of the thing sold and 15 of this Act (Section 12, Ibid).
the payment therefor (People vs.
Villahermosa, G.R. No. 186465, 10. Possession of Dangerous Drugs
June 2, 2011). During Parties, Social Gatherings or
Meetings (Section 13, Ibid);
3. Maintenance of a Den, Dive or 11. Possession of Equipment,
Resort (Section 6, RA 9165); Instrument, Apparatus and Other
4. Employment in and visiting a den, Paraphernalia for Dangerous Drugs
dive or resort (Section 7, Ibid);
 During Parties, Social Gatherings or 18. Planting of any dangerous drug
Meetings (Section 14, Ibid); and/or controlled precursor and
12. Use of Dangerous Drugs; essential chemical, regardless of
quantity and purity (Section 29,
Note: That this Section shall not be Ibid);
applicable where the person tested 19. Any violation of this Act is committed
is also found to have in his/her by a partnership, corporation,
possession such quantity of any association or any juridical entity, the
dangerous drug provided for under partner, president, director,
Section 11 of this Act, in which case manager, trustee, estate
the provisions stated therein shall administrator, or officer who
apply (Section 15, Ibid); consents to or knowingly tolerates
such violation (Section 30, Ibid);
13. Cultivation or Culture of Plants 20. Partner, President, Director,
Classified as Dangerous Drugs or Manager, Trustee, Estate
are Sources Thereof (Section 16, Administrator, or Officer who
Ibid); knowingly authorizes, tolerates or
14. Violates or Fails to comply with the consents to the use of a vehicle,
Maintenance and Keeping of Original vessel, aircraft, equipment or other
Records of Transactions on facility, as an instrument in the
Dangerous Drugs and/or Controlled importation, sale, trading,
Precursors and Essential Chemicals administration, dispensation,
(Section 17, Ibid); delivery, distribution, transportation
15. Unnecessary Prescription of or manufacture of dangerous drugs,
Dangerous Drugs (Section 18, Ibid); or chemical diversion, if such
16. Unlawful Prescription of Dangerous vehicle, vessel, aircraft, equipment
Drugs (Section 19, Ibid); or other instrument is owned by or
17. Acts of a Public Officer or Employee under the control or supervision of
for Misappropriation, Misapplication the partnership, corporation,
or Failure to Account for the association or juridical entity to which
Confiscated, Seized and/or they are affiliated (Ibid).
Surrendered Dangerous Drugs,
Plant Sources of Dangerous Drugs, Who are liable
Controlled Precursors and Essential 1. Any person who commits any of the
Chemicals, prohibited acts herein stated
Instruments/Paraphernalia and/or 2. Financier Any person who pays
Laboratory Equipment Including the for, raises or supplies money for, or
Proceeds or Properties Obtained underwrites any of the illegal
from the Unlawful Act Committed activities prescribed under this Act
(Section 27, Ibid); (Section 3[q], Ibid)
3. Protector/Coddler Any person who
knowingly and wilfully consents to
the unlawful acts provided for in this
Act and uses his/her influence,
power or position in shielding,
harboring, screening or facilitating
the escape of any person he/she
knows, or has reasonable grounds to
believe on or suspects, has violated
the provisions of this Act in order to
prevent the arrest, prosecution and
conviction of the violator (Section
3[ee], Ibid)
4. Pusher Any person who sells,
trades, administers, dispenses,
delivers or gives away to another, on
any terms whatsoever, or distributes,
dispatches in transit or transports
dangerous drugs or who acts as a
broker in any of such transactions, in
violation of this Act (Section 3[ff],
Ibid).
Attempt or Conspiracy Any attempt
or conspiracy to commit the following
unlawful acts shall be penalized:
(a) Importation of any dangerous
drug and/or controlled precursor
and essential chemical;
(b) Sale, trading, administration,
dispensation, delivery,
distribution and transportation of
any dangerous drug and/or
controlled precursor and
essential chemical;
(c) Maintenance of a den, dive or
resort where any dangerous drug
is used in any form;
(d) Manufacture of any
dangerous drug and/or controlled
precursor and essential chemical;
and
(e) Cultivation or culture of plants
which are sources of dangerous
drugs (Section 26, Ibid).
Immunity from Prosecution and
Punishment this is given to any
person who:
(a) has violated Sections 7 (Employees
and Visitors of a Den, Dive or Resort),
11 (Possession of Dangerous Drugs),
12 (Possession of Equipment,
Instrument, Apparatus and Other
Paraphernalia for Dangerous Drugs), 14
(Possession of Equipment, Instrument,
Apparatus and Other Paraphernalia for
Dangerous Drugs During Parties, Social
Gatherings or Meetings), 15 (Use of
Dangerous Drugs), and 19 (Unlawful
Prescription of Dangerous Drugs),
Article II of this Act;
(b) voluntarily gives information about
any violation of Sections 4 (Importation
of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals), 5
(Sale, Trading, Administration,
Dispensation, Delivery, Distribution and
Transportation of Dangerous Drugs
and/or Controlled Precursors and
Essential Chemicals), 6 (Maintenance of
a Den, Dive or Resort), 8 (Manufacture
of Dangerous Drugs and/or Controlled
Precursors and Essential Chemicals),
10 (Manufacture or Delivery of
Equipment, Instrument, Apparatus, and
Other Paraphernalia for Dangerous
Drugs and/or Controlled Precursors and
Essential Chemicals), 13 (Possession of
Dangerous Drugs During Parties, Social
Gatherings or Meetings), and 16
(Cultivation or Culture of Plants
Classified as Dangerous Drugs or are
Sources Thereof), Article II of this Act as
well as any violation of the offenses
mentioned if committed by a drug
syndicate, or any information leading to
the whereabouts, identities and arrest of
all or any of the members thereof; and
(c) who willingly testifies against such
persons as described above
(d) that the person may plead or prove
the giving of such information and
testimony in bar of such prosecution:
Provided, That the following conditions
concur:
(i) The information and testimony
are necessary for the conviction
of the persons described above;
(ii) Such information and
testimony are not yet in the
possession of the State;
(iii) Such information and
testimony can be corroborated on
its material points;
(iv) the informant or witness has
not been previously convicted of
a crime involving moral turpitude,
except when there is no other
direct evidence available for the
State other than the information
and testimony of said informant
or witness; and
(v) The informant or witness shall
strictly and faithfully comply
without delay, any condition or
undertaking, reduced into writing,
lawfully imposed by the State as
further consideration for the grant
of immunity from prosecution and
punishment
Provided, further, That this immunity
may be enjoyed by such informant or
witness who does not appear to be most
guilty for the offense with reference to
which his/her information or testimony
were given: Provided, finally, That
there is no direct evidence available for
the State except for the information and
testimony of the said informant or
witness (Section 33, Ibid).
Custody and Disposition of
Confiscated, Seized, and/or
Surrendered Dangerous Drugs, Plant
Sources of Dangerous Drugs,
Controlled Precursors and Essential
Chemicals,
Instruments/Paraphernalia and/or
Laboratory Equipment
The Philippine Drug Enforcement
Agency shall take charge and have
custody of all dangerous drugs, plant
sources of dangerous drugs, controlled
precursors and essential chemicals, as
well as instruments/paraphernalia
and/or laboratory equipment so
confiscated, seized and/or surrendered,
for proper disposition in the following
manner:
(1) The apprehending team shall,
Immediately after seizure and
confiscation, physically inventory and
photograph the same in the presence
of the accused or the person/s from
whom such items were confiscated
and/or seized, or his/her representative
or counsel, a representative from the
media and the Department of Justice
(DOJ), and any elected public official
who shall be required to sign the copies
of the inventory and be given a copy
thereof;
(2) Within twenty-four (24) hours upon
confiscation/seizure of the items, the
same shall be submitted to the PDEA
Forensic Laboratory for a qualitative
and quantitative examination;

(3) Certification of the forensic
laboratory examination results, which
shall be done under oath by the forensic
laboratory examiner, shall be issued
within twenty-four (24) hours after the
receipt of the subject item/s: Provided,
That when the volume of the dangerous
drugs, plant sources of dangerous
drugs, and controlled precursors and
essential chemicals does not allow the
completion of testing within the time
frame, a partial laboratory examination
report shall be provisionally issued
stating therein the quantities of
dangerous drugs still to be examined by
the forensic laboratory: Provided,
however, That a final certification shall
be issued on the completed forensic
laboratory examination on the same
within the next twenty-four (24) hours;
(4) After the filing of the criminal
case, the Court shall, within seventy-two
(72) hours, conduct an ocular
inspection of the confiscated, seized
and/or surrendered dangerous drugs,
plant sources of dangerous drugs, and
controlled precursors and essential
chemicals, including the
instruments/paraphernalia and/or
laboratory equipment, and through the
PDEA shall within twenty-four (24) hours
thereafter proceed with the destruction
or burning of the same, in the presence
of the accused or the person/s from
whom such items were confiscated
and/or seized, or his/her representative
or counsel, a representative from the
media and the DOJ, civil society groups
and any elected public official;
(5) The Board shall then issue a sworn
certification as to the fact of
destruction or burning of the subject
item/s which, together with the
representative sample/s in the custody
of the PDEA, shall be submitted to the
court having jurisdiction over the case.
In all instances, the representative
sample/s shall be kept to a minimum
quantity as determined by the Board;
(6) The alleged offender or his/her
representative or counsel shall be
allowed to personally observe all of
the above proceedings and his/her
presence shall not constitute an
admission of guilt. In case the said
offender or accused refuses or fails to
appoint a representative after due notice
in writing to the accused or his/her
counsel within seventy-two (72) hours
before the actual burning or destruction
of the evidence in question, the
Secretary of Justice shall appoint a
member of the public attorney's office to
represent the former;
(7) After the promulgation and
judgment in the criminal case wherein
the representative sample/s was
presented as evidence in court, the trial
prosecutor shall inform the Board of
the final termination of the case and,
in turn, shall request the court for leave
to turn over the said representative
sample/s to the PDEA for proper
disposition and destruction within
twenty-four (24) hours from receipt of against appellant, his acquittal is in
the same (Section 21, RA 9165); order (Bondad vs. People, G.R. No.
173804, December 10, 2008).
Chain of Custody
The duly recorded authorized TITLE SIX. CRIMES AGAINST PUBLIC
movements and custody of seized drugs MORALS (ARTICLES 195202)
or controlled chemicals or plant sources
Articles 195199 and provisions of
of dangerous drugs or laboratory PD 483 and 449 are repealed insofar
equipment of each stage, from the time as they are inconsistent with PD
of seizure/confiscation to receipt in the 1602, which provides for stiffer
forensic laboratory for safekeeping to penalties for violation of the
presentation in court for destruction, the Gambling Laws.
record of movements and custody of
Republic Act No. 9287 AN ACT
seized item shall include the identity and
INCREASING THE PENALTIES FOR
signature of the person who held
ILLEGAL NUMBERS GAMES,
temporary custody of the seized item,
AMENDING CERTAIN PROVISIONS
the date and time when such transfer of
OF PRESIDENTIAL DECREE NO.
custody were made in the course of
1602, AND FOR OTHER PURPOSES
safekeeping and use in court as
Punishable Acts
evidence, and the final disposition
1. Any person who participates in any
(Dangerous Drugs Board Resolution
illegal numbers game:
No. 1, Series of 2002, Implementing
a. As bettor;
RA 9165, Section 1[b]).
b. As a personnel or staff of an
illegal numbers game
Note: Noncompliance with the
operation;
procedure outlined in Section 21 (a) of
c. Any person who allows his
Republic Act No. 9165 shall not render
vehicle, house, building or
void and invalid such seizures of and
land to be used in the
custody over said items, for as long the
operation of the illegal
integrity and evidentiary value of the
numbers games;
seized items are properly preserved by
d. As a collector or agent;
the apprehending officers (People vs.
e. As a coordinator, controller or
Lopez, G.R. No. 181747, September
supervisor;
29, 2008).
f. As a maintainer, manager or
operator;
However, in case of failure to comply
g. As a financier or capitalist;
with the requirements of Section 21 in a
and
manner that compromised the identity of
h. As protector or coddler
the items seized, which is the corpus
(Section 3, RA 9287).
delicti of each of the crimes charged
Note: The possession of any gambling
paraphernalia and other materials used
in the illegal numbers game operation
shall be deemed prima facie evidence of
any offense covered by this Act
(Section 4, RA 9287).
2. Any person who in any manner, shall
directly or indirectly take part in any
illegal or unauthorized activities or
games of cockfighting, jueteng, jai
alai or horse racing to include bookie
operations and game fixing,
numbers, bingo and other forms of
lotteries; cara y cruz, pompiang and
the like; 7-11 and any game using
dice; black jack, lucky nine, poker
and its derivatives, monte, baccarat,
cuajao, pangguingue and other card
games; paik que, high and low,
mahjong, domino and other games
using plastic tiles and the likes; slot
machines, roulette, pinball and other
mechanical contraptions and
devices; dog racing, boat racing, car
racing and other forms of races,
basketball, boxing, volleyball,
bowling, pingpong and other forms of
individual or team contests to include
game fixing, point shaving and other
machinations; banking or percentage
game, or any other game scheme,
whether upon chance or skill,
wherein wagers consisting of money,
articles of value or representative of
value are at stake or made (Section
1 [a][1], PD 1602);
3. Any person who shall knowingly
permit any form of gambling referred
to in the preceding subparagraph to
be carried on in inhabited or
uninhabited place or in any building,
vessel or other means of
transportation owned or controlled by
him. If the place where gambling is
carried on has a reputation of a
gambling place or that prohibited
gambling is frequently carried on
therein, or the place is a public or
government building or barangay hall
(Section 1[a][2], Ibid);
4. Upon the maintainer or conductor of
the above gambling schemes
(Section 1[b], Ibid);
5. Maintainer, conductor or banker of
said gambling schemes is a
government official, or where such
government official is the player,
promoter, referee, umpire, judge or
coach in case of game fixing, point
shaving and machination (Section
1[c], Ibid);
6. Any person who shall, knowingly and
without lawful purpose in any hour of
any day, possess any lottery list,
paper or other matter containing
letters, figures, signs or symbols
pertaining to or in any manner used
in the games of jueteng, jai-alai or
horse racing bookies, and similar
games of lotteries and numbers
which have taken place or about to
take place (Section 1[d], Ibid);
7. Any barangay official who, with
knowledge of the existence of a
 gambling house or place in his
jurisdiction fails to abate the same or
take action in connection therewith
(Section 1[e], Ibid);
8. Any security officer, security guard,
watchman, private or house
detective of hotels, villages,
buildings, enclosures and the like
which have the reputation of a
gambling place or where gambling
activities are being held (Section
1[f], Ibid).
Article 200: Grave scandal. The
penalties of arresto mayor and public
censure shall be imposed upon 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.
Elements:
1. That the offender performs an act or
acts;
2. That such act or acts be highly
scandalous as offering against
decency or good customs;
3. That the highly scandalous conduct
is not expressly falling within any
article of this Code;
4. That the act or acts complained of be
committed in a public place or within
the public knowledge or view.
Grave Scandal consists of acts which
are offensive to decency and good
customs which, having been committed
publicly, have given rise to public
scandal to persons who have
accidentally witnessed the same.
Decency means propriety of conduct,
proper observance of the requirements
of modesty, good taste, etc.
Customs established usage, social
conventions carried on by tradition and
enforced by social disapproval of any
violation thereof.
In conducts involving acts of
lasciviousness, it is grave scandal only
where there is mutual consent (Boado,
2007, p. 228).
The acts must be performed in a public
place or within the public knowledge or
view (US vs. Samaniego, GR No.
5115, November 29, 1909)
Other Possible Crime: Alarms and
Scandals (Art. 155) if it results to
disturbance of public tranquility.
Article 201. Immoral doctrines,
obscene publications and exhibitions
and indecent shows. The penalty
of prision mayor or a fine ranging
from six thousand to twelve
thousand pesos, or both such
imprisonment and fine, 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 other place,
exhibit, indecent or immoral plays,
scenes, acts or shows, whether live
or in film, which are prescribed by
virtue hereof, shall include those
which (i) glorify criminals or condone
crimes; (ii) serve no other purpose
but to satisfy the market for violence,
lust or pornography; (iii) offend any
race or religion; (iv) tend to abet
traffic in and use of prohibited drugs;
and (v) 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, engravings,
sculpture or literature which are
offensive to morals (as amended by
PD Nos. 960 and 969).
Morals imply conformity with the
generally accepted standards of
goodness or rightness in conduct or
character, sometimes, specifically to
sexual conduct.
Indecency an act against the good
behavior and a just delicacy.
Persons Liable:
a. Those who shall publicly expound or
proclaim doctrines openly contrary to
public morals;
b. Authors of obscene literature,
published with their knowledge in
any form, editors publishing such
literature, and the owners/operators
of the establishment selling the
same;
c. Those who, in theaters, fairs,
cinematographs or any other place
shall exhibit indecent or immoral
plays, scenes, acts or show, whether
live or in film which:
Tests of Obscenity: Whether the
tendency of the matter charged as
obscene is to corrupt those who minds
are open to such immoral influences
and into whose hands such a
publication may fall, and whether or not
such publication or act shocks the
ordinary and common sense of men as
an indecency.
Notes: Publicity is essential. The mere
possession of obscene literature is not
punishable. There must be publishing,
selling, exhibiting, or giving away
(distribution) of such literature. This is to
consider that the purpose of the law is to
prohibit the dissemination of obscene
materials to the public (Fernando vs.
Court of Appeals, GR No. 159751,
December 6, 2006).
Disposition of Prohibited Articles:
The disposition of the literature, films,
print, engravings, sculptures, paintings
or other materials involved in violation
shall be governed by the following rules:
a. Upon conviction of the offender to
be forfeited in favor of the
government to be destroyed;
b. Where the criminal case against the
violator of the decree results in an
acquittal to be forfeited in favor of
the government to be destroyed,
after forfeiture proceedings
conducted by the chief constabulary;
c. The person aggrieved by the
forfeiture action of the Chief of Police
may, within 15 days after his receipt
of the copy of the decision of the
Secretary of the National Defense for
review. The decision of the Secretary
of the National Defense shall be final
and unappealable (Section 2, PD
969)
Article 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;
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;
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.
For the purposes of this article,
women who, for money or profit,
habitually indulge in sexual
intercourse or lascivious conduct,
are deemed to be prostitutes.
Any person found guilty of any of the
offenses covered by this articles
shall be punished by arresto menor
or a fine not exceeding 200 pesos,
and in case of recidivism, by arresto
mayor in its medium period to prision
correccional in its minimum period or
a fine ranging from 200 to 2,000
pesos, or both, in the discretion of
the court.
The following are vagrants:
a. 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;
b. 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;
c. Any idle or dissolute person who
ledges in houses of ill fame, ruffians
or pimps, and those who habitually
associate with prostitutes;
d. 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;
e. Prostitutes.
Prostitutes are women who, for
money or profit, habitually indulge in
sexual intercourse or lascivious conduct
Republic Act No. 10158 decriminalizes
vagrancy and provides that Article 202
Women who, for money or profit,
habitually indulge in sexual intercourse
or lascivious conduct, are deemed to be
prostitutes (Section 1)
All pending cases under the
provisions of Article 202 of the Revised
Penal Code on Vagrancy prior to its
amendment by this Act shall be
dismissed upon effectivity of the new
Act (Section 2, RA 10158).
All persons serving sentence for
violation of the provisions of Article 202
of the Revised Penal Code on Vagrancy
prior to its amendment by this Act shall
be immediately released upon effectivity
of this Act: Provided,That they are not
serving sentence or detained for any
other offense or felony (Section 3, Ibid).
Republic Act No. 9208 AN ACT TO
INSTITUTE POLICIES TO ELIMINATE
TRAFFICKING IN PERSONS
ESPECIALLY WOMEN AND
CHILDREN, ESTABLISHING THE
NECESSARY INSTITUTIONAL
MECHANISMS FOR THE
PROTECTION AND SUPPORT OF
TRAFFICKED PERSONS, PROVIDING
PENALTIES FOR ITS VIOLATIONS,
AND FOR OTHER (or commonly known
as ANTI TRAFFICKING ACT)
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 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. It also includes recruitment,
transportation, transfer, harbouring or
receipt of a child for the purpose of
exploitation (Section 3[a], RA 9208).
Punishable Acts
1. Acts of Trafficking in Persons - it
shall be unlawful for any person,
natural or juridical, to commit any of
the following acts:
(a) To recruit, transport, transfer;
harbor, provide, or receive a
person by any means, including
those done under the pretext of
domestic or overseas
employment or training or
apprenticeship, for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt
bondage;
(b) To introduce or match for
money, profit, or material,
economic or other consideration,
any person or, as provided for
under Republic Act No. 6955, any
Filipino woman to a foreign
national, for marriage for the
purpose of acquiring, buying,
offering, selling or trading him/her
to engage in prostitution,
pornography, sexual exploitation,
forced labor, slavery, involuntary
servitude or debt bondage;
(c) To offer or contract marriage,
real or simulated, for the purpose
of acquiring, buying, offering,
selling, or trading them to engage
in prostitution, pornography,
sexual exploitation, forced labor
or slavery, involuntary servitude
or debt bondage;
(d) To undertake or organize
tours and travel plans consisting
of tourism packages or activities
for the purpose of utilizing and
offering persons for prostitution,
pornography or sexual
exploitation;
(e) To maintain or hire a person
to engage in prostitution or
pornography;
(f) To adopt or facilitate the
adoption of persons for the
purpose of prostitution,
 pornography, sexual exploitation, technology and the internet, of
forced labor, slavery, involuntary any brochure, flyer, or any
servitude or debt bondage; propaganda material that
(g) To recruit, hire, adopt, promotes trafficking in persons;
transport or abduct a person, by (d) To assist in the conduct of
means of threat or use of force, misrepresentation or fraud for
fraud, deceit, violence, coercion, purposes of facilitating the
or intimidation for the purpose of acquisition of clearances and
removal or sale of organs of said necessary exit documents from
person; and government agencies that are
(h) To recruit, transport or adopt mandated to provide pre-
a child to engage in armed departure registration and
activities in the Philippines or services for departing persons for
abroad (Section 4, Ibid). the purpose of promoting
2. Acts that Promote Trafficking in trafficking in persons;
Persons - The following acts which (e) To facilitate, assist or help in
promote or facilitate trafficking in the exit and entry of persons
persons, shall be unlawful: from/to the country at
(a) To knowingly lease or international and local airports,
sublease, use or allow to be used territorial boundaries and
any house, building or seaports who are in possession
establishment for the purpose of of unissued, tampered or
promoting trafficking in persons; fraudulent travel documents for
(b) To produce, print and issue or the purpose of promoting
distribute unissued, tampered or trafficking in persons;
fake counseling certificates, (f) To confiscate, conceal, or
registration stickers and destroy the passport, travel
certificates of any government documents, or personal
agency which issues these documents or belongings of
certificates and stickers as proof trafficked persons in furtherance
of compliance with government of trafficking or to prevent them
regulatory and pre-departure from leaving the country or
requirements for the purpose of seeking redress from the
promoting trafficking in persons; government or appropriate
(c) To advertise, publish, print, agencies; and
broadcast or distribute, or cause (g) To knowingly benefit from,
the advertisement, publication, financial or otherwise, or make
printing, broadcasting or use of, the labor or services of a
distribution by any means, person held to a condition of
including the use of information involuntary servitude, forced
 labor, or slavery (Section 5,
Ibid)..
3. Qualified Trafficking in Persons -
The following are considered as
qualified trafficking:
(a) When the trafficked person is
a child;
(b) When the adoption is effected
through Republic Act No. 8043,
otherwise known as the "Inter-
Country Adoption Act of 1995"
and said adoption is for the
purpose of prostitution,
pornography, sexual exploitation,
forced labor, slavery, involuntary
servitude or debt bondage;
(c) When the crime is committed
by a syndicate, or in large scale.
Trafficking is deemed committed
by a syndicate if carried out by a
group of three (3) or more
persons conspiring or
confederating with one another. It
is deemed committed in large
scale if committed against three
(3) or more persons, individually
or as a group;
(d) When the offender is an
ascendant, parent, sibling,
guardian or a person who
exercises authority over the
trafficked person or when the
offense is committed by a public
officer or employee;
(e) When the trafficked person is
recruited to engage in prostitution
with any member of the military
or law enforcement agencies;
(f) When the offender is a
member of the military or law
enforcement agencies; and
(g) When by reason or on
occasion of the act of trafficking
in persons, the offended party
dies, becomes insane, suffers
mutilation or is afflicted with
Human Immunodeficiency Virus
(HIV) or the Acquired Immune
Deficiency Syndrome (AIDS)
(Section 6, Ibid).
4. Breach of confidentiality - In cases
when prosecution or trial is
conducted behind closed-doors, it
shall be unlawful for any editor,
publisher, and reporter or columnist
in case of printed materials,
announcer or producer in case of
television and radio, producer and
director of a film in case of the movie
industry, or any person utilizing tri-
media facilities or information
technology to cause publicity of any
case of trafficking in persons
(Section 7, Ibid); and
5. Use of Trafficked Persons - Any
person who buys or engages the
services of trafficked persons for
prostitution (Section 11, Ibid).
TITLE SEVEN. CRIMES COMMITTED
BY PUBLIC OFFICERS (ARTICLES
203245)
Article 203: Who are Public Officers.
For the purpose of applying the
provisions 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.
Requisites:
To be a public officer, one must be:
1. Taking part in the performance of
public functions in the government,
or performing in said government or
in any of its branches public duties
as an employee, agent, and
subordinate official of any rank or
class.
2. His authority to take part in the
performance of public functions or to
perform duties must be:
a. By direct provision of law;
b. Popular election;
c. Appointment by competent
authority
Dereliction of duty misconduct in office
or prevarication, such as rendering an
unjust judgment knowingly.
Misfeasance the performance of some
act which might lawfully done.
Malfeasance the performance of some
act which ought not to be done.
Nonfeasance omission of some act
which ought to be performed.
Note: The term public officers
embraces every public servant from the
highest to the lowest For the purposes
of the RPC, it obliterates the standard
distinctin in the law of public officers
between officer and employee. For
purposes of punishing bribery, the
temporary performance of public
functions is sufficient to constitute a
person a public official (Maniego vs.
People, GR No. L2971, April 20,
1951).
Art. 204. Knowingly rendering unjust
judgment. Any judge who shall
knowingly render an unjust judgment
in any case submitted to him for
decision, shall be punished by
prision mayor and perpetual absolute
disqualification.
Elements:
1. The offender is a judge;
2. He renders judgment in a case
submitted to him for decision;
3. Judgment is unjust; and
4. Judge knows that his judgment was
unjust.
Judgment final consideration and
determination of a court of competent
jurisdiction upon the matters submitted
to it, in an action or proceeding
(Gotamco vs. Chan Seng and Razon,
GR No. 22737, November 28, 1924).
Unjust judgment one which is contrary
to law, or is not supported by the
evidence, or both.
Notes: The judge must render the
judgment with conscious and deliberate
intent to do an injustice (De Guzman
vs. Dy, AM No. RTJ0301755, July 3,
2003).
Article 204 has no application to
members of a collegiate court (e.g.
Supreme Court, Court of Appeals,
Sandiganbayan and Court of Tax
Appeals) who reach their conclusions in
consultation and accordingly render
their collective judgment after due
deliberation (In Re: Laureta, G No.
68635, May 14, 1987).

Article 205. Judgment Rendered
through Negligence. Any judge who,
be reason of inexcusable negligence
or ignorance shall render a interlocutory order or decree;
manifestly unjust judgment in any
case submitted to him for decision
shall be punished by arresto mayor
and temporary special
disqualification.
Elements:
1. Offender is a Judge;
2. He renders judgment in a case
submitted to him for decision;
3. The judgment is manifestly unjust;
4. It is due to his inexcusable
negligence or ignorance.
Manifestly Unjust Judgment means
it is so manifestly contrary to law, that
even a person having a meager
knowledge of the law cannot doubt the
injustice. Therefore, there is no need for
a final and authoritative judicial
declaration that the decision or order in
question is indeed unjust.
Note: A mere error of knowledge of the
law cannot doubt the judgment as a
basis for rendering an unjust judgment,
where there is no proof or even
allegation of bad faith, or ill will or
improper consideration.
Article 206. Unjust Interlocutory
Order. Any judge who shall
knowingly render an unjust
interlocutory order or decree shall
suffer the penalty of arresto mayor in
its minimum period and suspension;
but if he shall have acted by reason
of inexcusable negligence or
ignorance and the interlocutory order
or decree be manifestly unjust, the
penalty shall be suspension.
Elements:
1. The offender is a Judge; and
2. He performs any of the following
acts:
a. Knowingly renders unjust
or
b. Renders a manifestly unjust
interlocutory order or decree
through inexcusable
negligence or ignorance.
Interlocutory order is one which is
issued by the court between the
commencement and the end of a suit or
action in issue, and which decides some
point of matter, but which, however, is
not a final decision of the matter in
issue. (Example: an order granting
preliminary injunction or an order
appointing a receiver)
Article 207. Malicious Delay in the
Administration of Justice. The
penalty of prision correccional in its
minimum period shall be imposed
upon any Judge guilty of malicious
delay in the administration of justice.
Elements:
1. The offender is a Judge;
2. There is a proceeding in Court;
3. He delays the administration of
justice;
4. The delay malicious; that is, the
delay is caused by the Judge with
deliberate intent to inflict damage on
either parties in the case
Malice must be proven. Malice is
present where the delay is sought to
favor one party to the prejudice of the
other.
Article 208. Prosecution Of Offenses;
Negligence And Tolerance. The
penalty of prision correccional in its
minimum period and suspension
shall be imposed upon any public
officer, or officer of the law, who, in
dereliction of the duties of his office,
shall maliciously refrain from
instituting prosecution for the
punishment of violators of the law, or
shall tolerate the commission of
offenses.
Acts punishable:
By maliciously refraining from instituting
prosecution against violators of the law;
or
By maliciously tolerating the commission
of offenses.
Elements:
1. Offender is a public officer or officer
of the law who has a duty to cause
the prosecution of, or to prosecute
offense.
2. There is a dereliction of the duties of
his office: knowing the commission
of the crime, he does not cause the
prosecution of the criminal; and
knowing that a crime is about to be
committed, he tolerates its
commission
3. The offender acts with malice and
deliberate intent to favor the violator
of the law.
Negligence - neglect of the duties of his
office by maliciously failing to move the
prosecution and punishment of the
delinquent (US vs. Mendoza, GR No.
7540, September 23, 1912).
Article 209. Betrayal of trust by an
attorney or solicitor. Revelation of
secrets. In addition to the proper
administrative action, the penalty of
prision correccional in its minimum
period, or a fine ranging from 200 to
1,000 pesos, or both, shall be
imposed upon any attorney-at-law or
solicitor ( procurador judicial) who,
by any malicious breach of
professional duty or of inexcusable
negligence or ignorance, shall
prejudice his client, or reveal any of
the secrets of the latter learned by
him in his professional capacity.
The same penalty shall be imposed
upon an attorney-at-law or solicitor
(procurador judicial) who, having
undertaken the defense of a client or
having received confidential
information from said client in a case,
shall undertake the defense of the
opposing party in the same case,
without the consent of his first client.
Acts punishable:
1. By causing damage to his client by
either:
a. Any malicious breach of
professional duty;
b. Inexcusable negligence or
ignorance.
2. By revealing any of the secrets of his
client learned by him in his
professional capacity;
3. By undertaking the defense of the
opposing party in the same case,
without the consent of his first client,
after having undertaken the defense
of said first client, or after having
received confidential information
from said client.
Procurador Judicial a person who had
some practical knowledge of law and
procedure, but not a lawyer, and was
permitted to represent a party in a case
before an inferior court.
Art. 210: Direct bribery. Any public
officer who shall agree to perform an
act constituting a crime, in
connection with the performance of
this official duties, in consideration
of any offer, promise, gift or present
received by such officer, personally
or through the mediation of another,
shall suffer the penalty of prision
mayor in its medium and maximum
periods and a fine [of not less than
the value of the gift and] not less
than
Three times the value of the gift in
addition to the penalty corresponding
to the crime agreed upon, if the same
shall have been committed.
If the gift was accepted by the officer
in consideration of the execution of
an act which does not constitute a
crime, and the officer executed said
act, he shall suffer the same penalty
provided in the preceding paragraph,
and if said act shall not have been
accomplished, the officer shall suffer
the penalties of prision correccional,
in its medium period and a fine of not
less than twice the value of such gift.
If the object for which the gift was
received or promised was to make
the public officer refrain from doing
something which it was his official
duty to do, he shall suffer the
penalties of prision correccional in
its maximum period and a fine [of not
less than the value of the gift and]
not less than three times the value of
such gift.
In addition to the penalties provided
in the preceding paragraphs, the
culprit shall suffer the penalty of
special temporary disqualification.
The provisions contained in the
preceding paragraphs shall be made
applicable to assessors, arbitrators,
appraisal and claim commissioners,
experts or any other persons
performing public duties.
Elements:
1. Offender is a public officer within the
scope of Art. 203;
2. He accepts an offer or promise or
receives a gift or present by himself
or through another;
3. Such offer or promise be accepted or
gift or present received by the public
officer:
a. With a view to committing
some crime;
b. In consideration of the
execution of an act which
does not constitute a crime
but the act must be unjust; or
c. To refrain from doing
something which it is his
official duty to do so
4. That the act which the offender
agrees to perform or which he
executes be connected with the
performance of his official duties.
Acts punishable:
1. By agreeing to perform or by
performing in consideration of any
offer, promise, gift or present an
act constituting a crime, in
connection with the performance of
his official duties;
2. By accepting a gift in consideration
of the execution of an act which
does not constitute a crime but is
unjust in connection with the
performance of his official duty;
3. By agreeing to refrain, or by
refraining from doing something
which it is his official duty to do so in
consideration of some gift or
promise.
Bribery cannot be consummated without
the corresponding crime of corruption of
public officer; Bribery - the act of the
receiver; Corruption of public officials -
act of the giver
No attempted or frustrated bribery, gift is sufficient the public officer
because, if the officer reuses to be actually receives
bribed, the offeror alone is liable and not the gifts offered to
for attempted bribery but for attempted him by reason of
corruption of a public official under his office.
Article 212 in relation to Article 6. There is an Usually, no
agreement agreement exists.
The crime is applicable even to a between the
temporary appointee or a de facto officer and the
officer; giver.
The offender It is not necessary
For the purpose of punishing bribery, agrees to perform that the officer
the temporary performance of public or performs an act should do any
functions is sufficient to constitute a or refrains from particular act or
person a public officer. doing something, even promise to do
because of the gift an act, as it is
The gift must be accepted by the public or promise. enough that he
officer. It may be received by the public accepts gifts
officer himself or through a third person. offered to him by
reason of his office.
Article 211. Indirect bribery. The
penalties of prision correccional in In connection with Indirect Bribery,
its medium and maximum periods, Presidential Decree 46 prohibits the
and public censure shall be imposed giving and acceptance of gifts by a
upon any public officer who shall public officer even during anniversaries,
accept gifts offered to him by reason Christmas, New Year or any other gift-
of his office. giving occasion. The law punishes both
Elements: the giver and the receiver. The
1. The offender is a public officer; prohibition extends also to whether the
2. He accepts gifts; gift is given by reason of past or future
3. The gifts are offered to him by services.
reason of his office.
Article 211-A. Qualified bribery If
DIRECT INDIRECT any public officer is entrusted with
BRIBERY BRIBERY law enforcement and he refrains from
The public officer The public officer arresting or prosecuting an offender
receives a gift. receives a gift. who has committed a crime
The act desired Gifts are offered punishable by reclusion perpetua
by the briber to be and received by and/or death in consideration of any
done by the public reason of the office. offer, promise, gift or present, he
officer is in shall suffer the penalty for the
connection with offense which was not prosecuted.
the performance
of the latters If it is the public officer who asks or
official duties. demands such gift or present, he
Mere promise of a It is necessary that shall suffer the penalty of death.
Elements:
1. Offender is a public officer entrusted
with law enforcement;
2. He refrains from arresting or
prosecuting an offender who
committed a crime punishable by
reclusion perpetua and/or death; and
3. The offender refrains from arresting
or prosecuting in consideration of
any offer, promise, gift, or present.
Crime must be punishable by reclusion
perpetua, otherwise it is not considered
as Qualified Bribery, only Dereliction
(Article 208, RPC).
Article 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.
Elements:
1. Offender makes, offers, promises or
gives gifts or presents to a public
officer; and
2. The offers or promises are made or
the gifts or presents given to a public
officer under circumstances that will
make the public officer liable for
direct bribery or indirect bribery.
Republic Act No. 3019 ANTI-GRAFT
AND CORRUPT PRACTICES ACT
Government - includes the national
government, the local governments, the
government-owned and government-
controlled corporations, and all other
instrumentalities or agencies of the
Republic of the Philippines and their
branches (Section 2[a], RA 3019).
Public officer - includes elective and
appointive officials and employees,
permanent or temporary, whether in the
classified or unclassified or exempt
service receiving compensation, even
nominal, from the government as
defined in the preceding subparagraph
(Section 2[b], Ibid).
Receiving any gift - includes the act of
accepting directly or indirectly a gift from
a person other than a member of the
public officer's immediate family, in
behalf of himself or of any member of
his family or relative within the fourth
civil degree, either by consanguinity or
affinity, even on the occasion of a family
celebration or national festivity like
Christmas, if the value of the gift is
under the circumstances manifestly
excessive Section 2[c], Ibid).
Person - includes natural and juridical
persons, unless the context indicates
otherwise Section 2[d], Ibid).
Punishable Acts
1. Corrupt practices of public
officers
(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,
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
officer profited or will profit thereby;
(h) Directly or indirectly having
financing 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 (Section 3,
RA 3019);
Note: The person giving the gift,
present, share, percentage or benefit
referred to in subparagraphs (b) and
(c); or offering or giving to the public
officer the employment mentioned in
subparagraph (d); or urging the
divulging or untimely release of the
confidential information referred to in
subparagraph (k) of this section
shall, together with the offending
public officer, be punished under
Section nine of this Act and shall be
permanently or temporarily
disqualified in the discretion of the
Court, from transacting business in
any form with the Government (Ibid).
2. Prohibition on private individuals
(a) It shall be unlawful for any
person having family or close
personal relation with any public
official to capitalize or exploit or
take advantage of such family
or close personal relation by
directly or indirectly requesting or
receiving any present, gift or
material or pecuniary advantage
from any other person having
some business, transaction,
application, request or contract
with the government, in which
such public official has to
intervene.
Note: Family relation shall
include the spouse or relatives by
consanguinity or affinity in the
third civil degree.
Close personal relation shall
include close personal friendship,
social and fraternal connections,
and professional employment all
giving rise to intimacy which
assures free access to such
public officer.
 (b) It shall be unlawful for any
person knowingly to induce or
cause any public official to
commit any of the offenses
defined in Section 3 hereof
(Section 4, Ibid).
3. Prohibition on certain relatives it
shall be unlawful for the spouse or for
any relative, by consanguinity or
affinity, within the third civil degree, of
the President of the Philippines, the
Vice-President of the Philippines, the
President of the Senate, or the
Speaker of the House of
Representatives, to intervene, directly
or indirectly, in any business,
transaction, contract or application with
the Government: Provided, That this
section shall NOT apply to (i) any
person who, prior to the assumption of
office of any of the above officials to
whom he is related, has been already
dealing with the Government along
the same line of business, (ii) nor to
any transaction, contract or
application already existing or
pending at the time of such assumption
of public office, (iii) nor to any
application filed by him the approval
of which is not discretionary on the part
of the official or officials concerned but
depends upon compliance with
requisites provided by law, or rules or
regulations issued pursuant to law, (iv)
nor to any act lawfully performed in an
official capacity or in the exercise of a
profession (Section 5, Ibid).
4. Prohibition on Members of
Congress
(a) During the term for which the
Member of the Congress has
been elected, to acquire or
receive any personal pecuniary
interest in any specific
business enterprise which will
be directly and particularly
favored or benefited by any law
or resolution authored by him
previously approved or adopted
by the Congress during the same
term.
Note: The provision of this
section shall apply to any other
public officer who
recommended the initiation in
Congress of the enactment or
adoption of any law or
resolution, and acquires or
receives any such interest during
his incumbency.
(b) It shall likewise be unlawful for
such member of Congress or
other public officer, who, having
such interest prior to the approval
of such law or resolution
authored or recommended by
him, continues for thirty days
after such approval to retain such
interest (Section 6, Ibid).
Exceptions
(a) Unsolicited gifts or
presents of small or
insignificant value offered or
 given as a mere ordinary token
of gratitude or friendship
according to local customs or
usage.
(b) Nothing in this Act shall be
interpreted to prejudice or prohibit
the practice of any profession,
lawful trade or occupation by any
private person or by any public
officer who under the law may
legitimately practice his
profession, trade or occupation,
during his incumbency, EXCEPT
where the practice of such
profession, trade or occupation
involves conspiracy with any
other person or public official to
commit any of the violations
penalized in this Act (Section 14,
Ibid)
Republic Act No. 7080 AN ACT
DEFINING AND PENALIZING THE
CRIME OF PLUNDER (or commonly
known as ANTI PLUNDER ACT)
Ill-gotten wealth means any asset,
property, business enterprise or material
possession of any person within the
purview of Section Two (2) hereof,
acquired by him directly or indirectly
through dummies, nominees, agents,
subordinates and/or business
associates by any combination or series
of the following means or similar
schemes:
1) Through misappropriation,
conversion, misuse, or
malversation of public funds or
raids on the public treasury;
2) By receiving, directly or
indirectly, any commission, gift,
share, percentage, kickbacks or
any other form of pecuniary
benefit from any person and/or
entity in connection with any
government contract or project or
by reason of the office or position
of the public officer concerned;
3) By the illegal or fraudulent
conveyance or disposition of
assets belonging to the National
Government or any of its
subdivisions, agencies or
instrumentalities or government-
owned or -controlled corporations
and their subsidiaries;
4) By obtaining, receiving or
accepting directly or indirectly
any shares of stock, equity or any
other form of interest or
participation including promise of
future employment in any
business enterprise or
undertaking;
5) By establishing agricultural,
industrial or commercial
monopolies or other
combinations and/or
implementation of decrees and
orders intended to benefit
particular persons or special
interests; or
6) By taking undue advantage of
official position, authority,
relationship, connection or
influence to unjustly enrich
himself or themselves at the
expense and to the damage and
prejudice of the Filipino people
and the Republic of the
 Philippines (Section 1[d], RA
7080).
Plunder 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 Seventy-five
million pesos (P75,000,000.00). Any
person who participated with said public
officer in the commission of plunder
shall likewise be punished (Section 2,
Ibid).
Rule of Evidence - For purposes of
establishing the crime of plunder, it shall
NOT be necessary to prove each and
every criminal act done by the
accused in furtherance of the scheme
or conspiracy to amass, accumulate or
acquire ill-gotten wealth, it being
sufficient to establish beyond
reasonable doubt a PATTERN of overt
or criminal acts indicative of the overall
unlawful scheme or conspiracy (Section
4, Ibid).
Article 213. Frauds against the public
treasury and similar offenses. The
penalty of prision correccional in its
medium period to prision mayor in its
minimum period, or a fine ranging
from 200 to 10,000 pesos, or both,
shall be imposed upon any public
officer who:
In his official capacity, in dealing with
any person with regard to furnishing
supplies, the making of contracts, or
the adjustments or settlement of
accounts relating to public property
or funds, shall enter into an
agreement with any interested party
or speculator or make use of any
other scheme, to defraud the
Governement;
Being entrusted with the collection of
taxes, licenses, fees and other
imposts, shall be guilty or any of the
following acts or omissions:
Demanding, directly, or indirectly, the
payment of sums different from or
larger than those authorized by law;
Failing voluntarily to issue a receipt,
as provided by law, for any sum of
money collected by him officially;
Collecting or receiving, directly or
indirectly, by way of payment or
otherwise things or objects of a
nature different from that provided by
law.
When the culprit is an officer or
employee of the Bureau of Internal
Revenue of the Bureau of Customs,
the provisions of the Administrative
Code shall be applied.
Elements of fraud against public
treasury (Article 213, par. 1):
1. Offender is a public officer;
2. He should have taken advantage of
his office (he intervened in the
transaction in his official capacity;
3. He entered into an agreement with
any interested party or speculator or
made use of any other scheme with
respect to:
i. The furnishing of supplies;
ii. The making of contacts;
iii. The adjustments or settlement
of accounts relating to public
property or funds
4. The accused had intent to defraud
the government.
Elements of illegal exactions (Article
213, pars. 24):
1. Offender is a public officer entrusted
with the collection of taxes, licenses,
fees and other imposts;
2. He is guilty of any of the following
acts or omissions:
i. Demanding directly, or
indirectly, the payment of
sums different from or larger
than those authorized by law;
ii. Failing voluntarily to issue a
receipt, as provided by law,
for any sum of money
collected by him officially;
iii. Collecting or receiving,
directly or indirectly, by way of
payment or otherwise things
or objects of a nature different
from that provided by law.
Mere demand for larger or
different amount is sufficient to
consummate a crime
Collecting officer must issue
official receipt, otherwise, he is guilty of
illegal exaction
When there is deceit in
demanding greater fees than those
prescribed by law the crime committed
is estafa and not illegal exaction (US vs.
Lopez, et al, GR No. 3968, March 21,
1908).
Officer or employee of Bureau of
Internal Customs is not covered by
Article 213, the National Internal
Revenue Code or the Administrative
Code applies (last paragraph, Article
213)
Article 214. Other frauds. In
addition to the penalties prescribed
in the provisions of Chapter Six, Title
Ten, Book Two, of this Code, the
penalty of temporary special
disqualification in its maximum
period to perpetual special
disqualification shall be imposed
upon any public officer who, taking
advantage of his official position,
shall commit any of the frauds or
deceits enumerated in said
provisions.
Elements:
1. The offender is a public officer;
2. He takes advantage of his official
position; and
3. He commits any of the frauds or
deceit enumerated in Arts. 315 to
318.
Article 215. Prohibited transactions.
The penalty of prision correccional in
its maximum period or a fine ranging
from 200 to 1,000 pesos, or both,
shall be imposed upon any
appointive public officer who, during
his incumbency, shall directly or
indirectly become interested in any
transaction of exchange or
speculation within the territory
subject to his jurisdiction.
Elements:
1. The offender is an appointive public
officer;
2. He becomes interested, directly or
indirectly, in any transaction of
exchange or speculation;
3. The transaction takes place within
the territory subject to his jurisdiction;
4. He becomes interested in the
transactions during his incumbency.
Note: The transaction must be one of
exchange or speculation, such as
buying and selling stocks commodities,
land, etc., hoping to take advantage of
the expected rise or fall in price. The
appointive public officer should not
devote himself to commerce.
Examples of Appointive public officer:
Justices, judges, fiscals, employees
engaged in the collection and
administration of public funds.
Article 216. Possession of prohibited
interest by a public officer. The
penalty of arresto mayor in its
medium period to prision
correccional in its minimum period,
or a fine ranging from 200 to 1,000
pesos, or both, shall be imposed
upon a public officer who directly or
indirectly, shall become interested in
any contract or business in which it
is his official duty to intervene.
This provisions is applicable to
experts, arbitrators and private
accountants who, in like manner,
shall take part in any contract or
transaction connected with the estate
or property in appraisal, distribution
or adjudication of which they shall
have avted, and to the guardians and
executors with respect to the
property belonging to their wards or
estate.
Persons liable:
1. Public officer who, directly or
indirectly, become interested in any
contract or business in which it was
his official duty to intervene;
2. Experts, arbitrators and private
accountants who, in like manner,
shall take part in any conduct or
transaction connected with the
estate or property in appraisal,
distribution or adjudication of which
they shall have acted, and
3. Guardians and executors with
respect to the property belonging to
their wards or estate.
Actual fraud is not necessary, the act is
punished because of the possibility that
fraud may be committed or that the
officer may place his own interest above
that of the government or party which he
represents (US vs. Udarbe, GR No.
9945, November 12, 1914).
PROHIBITED PROHIBITED
TRANSACTIONS INTEREST
Appointed officer Public officer/
private individual
With territorial No territorial
jurisdiction jurisdiction
Duty to intervene is a With duty to
contract necessary intervene
Article 217: Malversation of public
funds and property. Any public
officer who, by reason of the duties
of his office, is accountable for public
funds or property, shall appropriate
the same or shall take or
misappropriate or shall consent,
through abandonment or negligence,
shall permit any other person to take
such public funds, or property,
wholly or partially, or shall otherwise
be guilty of the misappropriation or
malversation of such funds or
property, shall suffer:
The penalty of prision correccional in
its medium and maximum periods, if
the amount involved in the
misappropriation or malversation
does not exceed two hundred pesos;
The penalty of prison mayor in its
minimum and medium periods, if the
amount involved is more than two
hundred pesos but does not exceed
six thousand pesos;
The penalty of prision mayor in its
maximum period to reclusion
temporal in its minimum period, if the
amount involved is more than six
thousand pesos but is less than
twelve thousand pesos;
The penalty of reclusion temporal, in
its medium and maximum periods, if
the amount involved is more than
twelve thousand pesos but is less
than twenty-two thousand pesos. If
the amount exceeds the latter, the
penalty shall be reclusion temporal in
its maximum period to reclusion
perpetua.
In all cases, persons guilty of
malversation shall also suffer the
penalty of perpetual special
disqualification and a fine equal to
the amount of the funds malversed or
equal to the total value of the
property embezzled.
The failure of a public officer to have
duly forthcoming any public funds or
property with which he is chargeable,
upon demand by any duly authorized
officer, shall be prima facie evidence
that he has put such missing funds
or property to personal use.
Acts Punishable:
1. By appropriating public funds or
property;
2. By taking or misappropriating the
same;
3. By consenting or through
abandonment or negligence, by
permitting any other person to take
such public funds or property; and
4. By being otherwise guilty of the
misappropriation or malversation
(embezzlement) of such funds or
property.
Common Elements to all Acts of
Malversation under Article 217
1. Offender is public officer (PO)
2. He had the custody or control of
funds or property by reason of the
duties of his office.
3. Those funds or property were public
funds or property for which he was
accountable.
4. He appropriated, took,
misappropriated or consented or
through abandonment or negligence,
permitted another person to take
them.
Note: To be applicable to a private
person, apply Art. 222: in conspiracy,
accessory/accomplice, custodian,
depository/administrator
In malversation, the offending Public
Officer must be accountable for public
funds or property.
Funds or property must be received in
official capacity, a public officer having
only a qualified charge of government
property without authority to part with
physical possession of it, unless upon
order from his immediate superior,
cannot be held liable for malversation
(US vs. Solis, GR No. 2828, December
14, 1906).
In malversation, not committed through
negligence, lack of criminal intent or
good faith is a defense (US vs. Elvina,
GR No. 7280, February 3, 1913).
Presumption of malversation: The
failure of a public officer to have duly
forthcoming any public funds or property
with which he is chargeable, upon
demand by any duly authorized officer,
shall be prima facie evidence that he
has put such missing funds or property
to personal use (Quinon v. People,
G.R. No. 136462, September 19,
2002).
 over public funds, except that in
Effects of Restitution: Restitution of malversation, it cannot be committed
the amount or property where against private property except for
malversation is already committed does private property in custodia legis.
not affect his criminal liability, as Offender must Must Must not
payment is not one of elements of be accountable NOT be be
extinction of criminal liability, though, at over the funds accounta accounta
most, payment of the amount malversed ble ble
will serve as a mitigating circumstance Taking of public Taking of If the
(Perez vs. People, GR No. 164763, funds is public offender
February 12, 2008). /Only the civil malversation if funds is who has
liability is erased. the public officer estafa if mere
is accountable he has physical
MALVERSATION ESTAFA WITH therefor acquired or
(ARTICE 217) ABUSE OF juridical material
CONFINDENCE possessi possessi
(ARTICLE 315) on of it on took
Public Private possessi the
funds/properties funds/properties on and property
Offender is a Offender is a took it with
public officer who private individual with abuse of
is accountable for or a public officer abuse of confidenc
the public not accountable confidenc e
funds/properties for public e or
funds/properties deceit
Crime is committed Crime is
by appropriating, committed by
taking, or misappropriating , Article 218. Failure of accountable
misappropriating/ converting, or officer to render accounts. Any
consenting or denying having public officer, whether in the service
through received money, or separated therefrom by
abandonment or goods, or other resignation or any other cause, who
negligence, personal property is required by law or regulation to
permitting any render account to the Insular Auditor,
other person to or to a provincial auditor and who
take the public fails to do so for a period of two
funds/properties months after such accounts should
No element of There is damage be rendered, shall be punished by
damage prision correccional in its minimum
Demand not There is need for period, or by a fine ranging from 200
necessary prior demand to 6,000 pesos, or both.
Elements:
ESTAFA
QUALIFI 1. The offender is a public officer,
MALVERSA ED whether in the service or separated
TION THEFT therefrom;
Can be committed by public officers 2. He must be an accountable officer
for public funds or property;
3. He is required by law or regulation to Article 220. Illegal use of public funds or
render accounts to the Commission property. Any public officer who shall
on Audit, or to a provincial auditor; apply any public fund or property under
4. He fails to do so for a period of two his administration to any public use
months after such accounts should other than for which such fund or
be rendered. property were appropriated by law or
ordinance shall suffer the penalty of
Note: Demand for accounting not prison correccional in its minimum
necessary. It does not require that there period or a fine ranging from one half to
be a demand by the Commission on the total of the sum misapplied, if by
Audit or provincial auditor that the public reason of such misapplication, any
officer should render an account. It is damages or embarrassment shall have
sufficient that there is a law or regulation resulted to the public service. In either
requiring him to render account. case, the offender shall also suffer the
penalty of temporary special
It is not essential that there be disqualification.
misappropriation. If there is
misappropriation, he would be liable If no damage or embarrassment to the
also for malversation under Article 217. public service has resulted, the penalty
shall be a fine from 5 to 50 percent of
Article 219. Failure of a responsible the sum misapplied.
public officer to render accounts Elements:
before leaving the country. Any 1. Offender is a public officer;
public officer who unlawfully leaves 2. There are public funds or property
or attempts to leave the Philippine under his administration;
Islands without securing a certificate 3. Such funds or property has been
from the Insular Auditor showing that appropriated by law or ordinance;
his accounts have been finally 4. He applies the same to any public
settled, shall be punished by arresto use other than for which such fund or
mayor, or a fine ranging from 200 to property has been appropriated by
1,000 pesos or both. law or ordinance.
Elements:
1. Offender is a public officer; A different penalty is imposed if by
2. He must be an accountable for reason of such misapplication, any
public funds or property; damage or embarrassment shall have
3. He must have unlawfully left (or resulted to the public service.
beat the point of leaving) the
Philippines without securing from ILLEGAL USE MALVERSATION
the Commission on Audit a OF PUBLIC
certificate showing that his FUNDS /
accounts have been finally PROPERTY
settled. Offenders are Offenders are
The act of leaving the country accountable accountable public
must be unauthorized or not public officers. officers.
permitted by law. Does not derive In certain cases,
any personal profits from the
gain or profit. proceeds of the been ordered by competent authority
crime. to deliver any property in his custody
The public fund/ Public fund/ property or under his administration.
property is is applied to the
applied to personal use of the Article 222. Officers included in the
another public offender or another preceding provisions - The
use. person. provisions of this chapter shall apply
to private individuals who in any
Article 221. Failure to make delivery capacity whatever, have charge of
of public funds or property - Any any insular, provincial or municipal
public officer under obligation to funds, revenues, or property and to
make payment from Government any administrator or depository of
funds in his possession, who shall funds or property attached, seized or
fail to make such payment, shall be deposited by public authority, even if
punished by arresto mayor and a fine such property belongs to a private
from 5 to 25 percent of the sum individual.
which he failed to pay.
Private individuals who may be liable
This provision shall apply to any under Art. 217-221:
public officer who, being ordered by 1. Private individuals who, in any
competent authority to deliver any capacity whatsoever, have change of
property in his custody or under his any insular, provincial or municipal
administration. Shall refuse to make funds, revenues, or property;
such delivery. 2. Administrator or depositary of funds
or property, attached, seized or
The fine shall be graduated in such deposited by public authority, even if
case by the value of the thing, such property belongs to a private
provided that it shall not less than 50 individual.
pesos.
Acts Punishable: Article 223. Conniving with or
1. Failing to make payment by a public consenting to evasion. Any public
officer who is under obligation to officer who shall consent to the
make payment from government escape of a prisoner in his custody
funds in his hands or possession. or charge, shall be punished:
Elements: 1. By prision correccional in its
a. The public officer has medium and maximum periods and
government funds in his temporary special disqualification in
possession; its maximum period to perpetual
b. He is under obligation to special disqualification, if the fugitive
make payment from such shall have been sentenced by final
funds; and judgment to any penalty.
c. He fails to make the payment 2. By prision correccional in its
maliciously. minimum period and temporary
special disqualification, in case the
2. Malicious refusal by refusing to make fugitive shall not have been finally
delivery by a public officer who has convicted but only held as a
detention prisoner for any crime or
violation of law or municipal
ordinance.
Elements:
1. The offender is a public officer;
2. He had in his custody or charge, a
prisoner, either detention prisoner or
prisoner by final judgment;
3. Such prisoner escaped from his
custody;
4. He was in connivance with the
prisoner in the latters escape this
is an indispensable element of the
offense (US vs. Bandino, GR No.
9964, February 11, 1915).
Classes of Prisoners Involved:
1. If the fugitive has been sentenced by
final judgment to any penalty;
2. If the fugitive is held only as
detention prisoner for any crime or
violation of any law or municipal
ordinance
There is real and actual evasion of
service of sentence when the custodian
permits the prisoner to obtain a
relaxation of his imprisonment and to
escape the punishment of being
deprived of his liberty, thus making the
penalty ineffectual, although the convict
may not have fled (US vs. Bandino, GR
No. L9964, February 11, 1915).
Other possible crime: Delivering
prisoners from jail (Art. 156) if not in
custody or charge of the prisoner.
Article 224. Evasion through
negligence - If the evasion of the
prisoner shall have taken place
through the negligence of the officer
charged with the conveyance or
custody of the escaping prisoner,
said officer shall suffer the penalties
of arresto mayor in its maximum
period to prision correccional in its
minimum period and temporary
special disqualification.
Elements:
1. The offender is a public officer;
2. He is charged with the conveyance
or custody of a prisoner, either
detention prisoner or prisoner by
final judgment; and
3. Such prisoner escapes through his
negligence.
Note: Not every negligence or
distraction of a guard is penalized. It is
only that positive carelessness that is
short of deliberate non-performance of
his duties as guard that is the gravamen
of the crime of infidelity under Article
224
The fact that the public officer
recaptured the prisoner who had
escaped from his custody does not
afford complete exculpation
Liability of escaping prisoner: If the
fugitive is serving sentence by reason of
final judgment, he is liable for evasion of
the service of sentence under Art. 157;
If the fugitive is only a detention
prisoner, he does not incur criminal
liability.
Article 225. Escape of prisoner under
the custody of a person not a public
officer - Any private person to whom
the conveyance or custody or a
prisoner or person under arrest shall
have been confided, who shall
commit any of the offenses
mentioned in the two preceding
articles, shall suffer the penalty next
lower in degree than that prescribed
for the public officer.
Elements:
1. The offender is a private person;
2. The conveyance or custody of a
prisoner or person under arrest is
confided to him;
3. The prisoner or person under arrest
escapes;
4. The offender consents to the escape
of the prisoner or person under
arrest, or that escape takes place
through his negligence.
Note: Article 225 is not applicable if a
private person was the one who made
the arrest and he consented to the
escape of the person he arrested, but is
liable under PD 1829.
Article 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.
Elements:
1. Offender is a public officer;
2. He removes, destroys, or conceals
documents or papers;
The removal must be for an illicit
purpose (Manzanaris vs. People,
GR No. L64750, January 30,
1984). It is for an illicit purpose when
the intention of the offender is: (a) To
tamper with it; (b) To profit by it; or
(c) To commit an act constituting a
breach of trust in the official care
thereof (Kataniag vs. People, GR
No. 48398, November 28, 1942).
3. Such documents or papers should
have been entrusted to such public
officer by reason of his office; and
4. Damage, whether serious or not, to a
third party or to the public interest
should have been caused.
Note: The public officer must officially
be entrusted with the documents or
papers and the document must be
complete and one which a right could be
established or an obligation could be
extinguished.
Damage in this article may consist in
mere alarm to the public or in the
alienation of its confidence in any
branch of the government service (Ibid).
Other possible crimes: Malversation if
object (money) becomes part of public
funds.
Article 227. Officer breaking seal -
Any public officer charged with the
custody of papers or property sealed
by proper authority who shall break
the seals or permit them to be
broken, shall suffer the penalties of
prision correccional in its minimum
and medium periods, temporary
special disqualification and a fine not
exceeding 2,000 pesos.
Elements:
1. Offender is a public officer;
2. He is charged with the custody of
sealed papers or property;
3. These papers or property are sealed
by proper authority;
4. He breaks the seals or permits them
to be broken.

Note: It is the breaking of the seal, not
the opening of a closed envelope, which
is punished under this article. Damage
or intent to cause damage is not
necessary.
Article 228. Opening of closed
documents - Any public officer not
included in the provisions of the next
preceding article who, without proper
authority, shall open or shall permit
to be opened any closed papers,
documents or objects entrusted to
his custody, shall suffer special
disqualification and a fine of not
exceeding 2,000 pesos.
Elements:
1. Offender is a public officer;
2. Any closed papers, documents or
objects are entrusted to his custody;
3. He opens or permits to be opened
said closed papers, documents, or
objects; and
4. He does not have the proper
authority.
Damage or intent to cause damage is
not an element of the offense.
Article 229. Revelation of secrets by
an officer - Any public officer who
shall reveal any secret known to him
by reason of his official capacity, or
shall wrongfully deliver papers or
copies of papers of which he may
have charge and which should not be
published, shall suffer the penalties
of prision correccional in its medium
and maximum periods, perpetual
special disqualification and a fine not
exceeding 2,000 pesos if the
revelation of such secrets or the
delivery of such papers shall have
caused serious damage to the public
interest; otherwise, the penalties of
prision correccional in its minimum
period, temporary special
disqualification and a fine not
exceeding 50 pesos shall be
imposed.
Acts Punishable:
1. By revealing any secrets, known to
the offending public officer by reason
of his official capacity;
Elements:
a. The offender is a public
officer;
b. He knows of a secret of his
official capacity; and
c. That he reveals such secret
without authority or justifiable
reasons such or small be
caused to the public interest.
d. The damage, great, or small,
be caused to the public
interest.
2. By delivering wrongfully papers or
copies of papers of which he may
have charge and which should not
be published.
Elements:
1. The offender is a public officer;
2. He has charge of the papers;
3. Those papers should not be
published;
4. He deliver those paper or copies
there to a third person;
5. The delivery is wrongful; and
6. Damage caused to public
interest.
Note: This article punishes minor official
betrayals, infidelities of little
consequence, affecting usually the
administration of justice, execution or
official duties, or the general interest of
the public order.
Damage is an element of the offenses
defined in Article 229. A higher penalty
is provided if serious damage is caused
otherwise a lower penalty is imposed.
This indicates that the lesser penalty
refers to causing damage which is not
serious.
REVELATION OF INFIDELITY IN
SECRETS BY AN THE CUSTODY OF
OFFICER DOCUMENTS OR
PAPERS BY
REMOVING THE
SAME
The papers The papers do not
contain secrets contain secrets but
and therefore their removal is for
should not be an illicit purpose.
published, and the
public officer
having charge
thereof removes
and delivers them
wrongfully to a
third person.
Note: It shall be unlawful for any
person, police or law enforcement
agent, judicial officer or civil servant
who, not being authorized by the Court
of Appeals to do so, reveals in any
manner or form any classified
information under Human Security Act
of 2007 (Section 46, RA 9372).
Article 230. Public officer revealing
secrets of private individual - Any
public officer to whom the secrets of
any private individual shall become
known by reason of his office who
shall reveal such secrets, shall suffer
the penalties of arresto mayor and a
fine not exceeding 1,000 pesos.
Elements:
1. The offender is a public officer;
2. He knows of the secrets of a private
individual by reason of his office; and
3. He reveals such secrets without
authority or justifiable reasons.
Revelation to one person is sufficient,
for public revelation is not required.
Damage to private individual is not
necessary. The reason of this provision
is to uphold faith and trust in public
service.
Other possible crimes: Betrayal of Trust
by an Attorney or Solicitor (Article 209)-
if committed by an Attorney or Solicitor.
Discovering Secrets through Seizure of
Correspondence (Article 290) or
Revealing Secrets with Abuse of Office
(Article 291) if committed by a private
individual.
Article 231. Open disobedience - Any
judicial or executive who shall openly
refuse to execute the judgment,
decision or order of any superior
authority made within the scope of
the jurisdiction of the latter and
issued with all the legal formalities,
shall suffer the penalties of arresto
mayor in its medium period to prision
correccional in its minimum period,
temporary special disqualification in
its maximum period and a fine not
exceeding 1,000 pesos.
Elements:
1. Offender is a judicial or executive
officer;
2. There is a judgment, decision or
order of a superior authority;
3. Such judgment, decision or order
was made within the scope of the
jurisdiction of the superior authority
and issued with all the legal
formalities; and
4. Offender, without any legal
justification, openly refuses to
execute the said judgment, decision
or order which he is duty bound to
obey.
Article 232. Disobedience to order of
superior officer when said order was
suspended by inferior officer - Any
public officer who, having for any
reason suspended the execution of
the orders of his superiors, shall
disobey such superiors after the
latter have disapproved the
suspension, shall suffer the penalties
of prision correccional in its
minimum and medium periods and
perpetual special disqualification.
Elements:
1. Offender is a public officer;
2. Order is issued by his superior
officer for execution;
3. He has for any reason suspended
the execution of such order;
4. His superior disapproves the
suspension of the execution of the
order; and
5. The offender disobeys his superior
despite the disapproval of the
suspension.
If the order of the superior is illegal, the
subordinate has a legal right to refuse to
execute such order, for under the law,
obedience to an order which is illegal is
not justified and the subordinate who
obeys such order may be held criminally
liable (Article 11, par. 6).
Article 233. Refusal of assistance -
The penalties of arresto mayor in its
medium period to prision
correccional in its minimum period,
perpetual special disqualification and
a fine not exceeding 1,000 pesos,
shall be imposed upon a public
officer who, upon demand from
competent authority, shall fail to lend
his cooperation towards the
administration of justice or other
public service, if such failure shall
result in serious damage to the
public interest, or to a third party,
otherwise, arresto mayor in its
medium and maximum periods and a
fine not exceeding 500 pesos shall be
imposed.
Elements:
1. Officer is a public officer;
2. Competent authority demands from
the offender that he lend his
cooperation towards the
administration of justice or other
public service;
3. Officer fails to do so maliciously.
Note: The public officer maliciously fails
to lend his cooperation towards the
administration of justice or other public
service. Damage to public interest or to
a third party is essential.
Article 234. Refusal to discharge
elective office - The penalty of arresto
mayor or a fine not exceeding 1,000
pesos, or both, shall be imposed
upon any person who, having been
elected by popular election to apublic
office, shall refuse without legal
motive to be sworn in or to discharge
the duties of said office.
Elements:
1. Offender is elected by popular
election to a public office;
2. He refuses to be sworn in or
discharge the duties of said office;
and
3. There is no legal motive for such
refusal to be sworn in or to discharge
the duties of said office.
Refusal to discharge the duties of an
appointive office is not covered by Art.
234.
Article 235. Maltreatment of
prisoners - The penalty of arresto
mayor in its medium period to prison
correccional in its minimum period,
in addition to his liability for the
physical injuries or damage caused,
shall be imposed upon any public
officer or employee who shall overdo
himself in the correction or handling
of a prisoner or detention prisoner
under his charge, by the imposition
of punishment not authorized by the
regulations, or by inflicting such
punishment in a cruel and
humiliating manner.
If the purpose of the maltreatment is
to extort a confession, or to obtain
some information from the prisoner,
the offender shall be punished by
prison correccional in its minimum
period, temporary special
disqualification and a fine not
exceeding 500 pesos, in addition to
his liability for the physical injuries or
damage caused.
Elements:
1. Offender is a public officer or
employee;
2. He has under his charge a prisoner
or detention prisoner;
3. He maltreats such prisoner in either
of the following manners;
a. By overdoing himself in the
correction or handling of a
prisoner of detention prisoner
under his charge either:
i. By the imposition of
punishment not
authorized by the
regulations, or
ii. By inflicting such
punishment (those
authorized) in a cruel
and humiliating
manner; or
b. By maltreating such prisoner
to extort a confession or to
obtain some information from
the prisoner.
Note: Offender may also be liable for
physical injuries/damage caused.
Article 236. Anticipation of duties of
a public office - Any person who shall
assume the performance of the
duties and powers of any public
officer or employment without first
being sworn in or having given the
bond required by law, shall be
suspended from such office or
employment until he shall have
complied with the respective
formalities and shall be fined from
200 to 500 pesos.
Elements:
1. Offender is entitled to hold a public
office/employment either by election
or appointment;
2. The law requires that he should first
be sworn in and/or give a bond; and,
3. He assumes the performance of
duties and powers of such office;
4. He has not taken his oath and/or
given the bond required by law.
Article 237. Prolonging performance
of duties and powers - Any public
officer shall continue to exercise the
duties and powers of his office,
employment or commission, beyond
the period provided by law,
regulation or special provisions
applicable to the case, shall suffer
the penalties of prision correccional
in its minimum period, special
temporary disqualification in its
minimum period, special temporary When Qualified: Such office shall have
disqualification in its minimum been abandoned in order to evade the
period and a fine not exceeding 500 discharge of the duties of preventing,
pesos. prosecuting or punishing any of the
Elements: crimes falling within Title One, and
1. Officer is holding a public officer; Chapter One of Title Three of Book Two
2. Period provided by law, regulations of RPC (treason, espionage).
or special provisions for holding such
office, has already expired; and ABANDONMENT NEGLIGENCE AND
3. Offender continues to exercise such OF OFFICE TOLERANCE IN
duties and powers of such office. (ARTICLE 238) PROSECUTION OF
OFFENSES
Note: A public officer who has been (ARTICLE 208)
suspended, separated, declared Committed by Committed only by
overage, or dismissed cannot continue any public officer. public officers who
to perform the duties of his office. have the duty to
institute prosecution
Article 238. Abandonment of office for the punishment
or position - Any public officer who, of violations of the
before the acceptance of his law.
resignation, shall abandon his office The public officer The public officer
to the detriment of the public service abandons his does not abandon
shall suffer the penalty of arresto office to evade his office but he fails
mayor. the discharge of to prosecute an
If such office shall have been his duty. offense by
abandoned in order to evade the dereliction of duty or
discharge of the duties of preventing, by malicious
prosecuting or punishing any of the tolerance of the
crime failing within Title One, and commission of
Chapter One of title three of book offenses.
Two of this Code, the offender shall
be punished by prision correccional Article 239. Usurpation of legislative
in its minimum and medium periods, powers - The penalties of prision
and by arresto mayor if the purpose correccional in its minimum period,
of such abandonment is to evade the temporary special disqualification
duty of preventing, prosecuting or and a fine not exceeding 1,000 pesos,
punishing any other crime. shall be imposed upon any public
Elements: officer who shall encroach upon the
1. The offender is a public officer; powers of the legislative branch of
2. He formally resigns from his position; the Government, either by making
3. His resignation has not yet been general rules or regulations beyond
accepted; and, the scope of his authority, or by
4. He abandons his office to the attempting to repeal a law or
detriment of the public service. suspending the execution thereof.
Elements:
1. Offender is an executive or judicial
officer; and
2. He either:
a. Makes general rules or
regulations beyond the scope
of his authority;
b. Attempts to repeal a law; or
c. Suspends the execution
thereof.
Article 240. Usurpation of executive
functions - Any Judge who shall
assume any power pertaining to the
executive authorities, or shall
obstruct tha latter in the lawful
exercise of their powers, shall suffer
the penalty of arresto mayor in its
medium period to prision
correccional in its minimum period.
Elements:
1. Offender is a Judge; and
2. He either:
a. Assumes a power pertaining
to the executive authorities; or
b. Obstructs the executive
authorities in the lawful
exercise of their functions.
Article 241. Usurpation of judicial
functions - The penalty of arresto
mayor in its medium period to prision
correccional in its minimum period
and shall be imposed upon any
officer of the executive branch of the
Government who shall assume
judicial powers or shall obstruct the
execution of any order or decision
rendered by any Judge within its
jurisdiction.
Elements:
1. Offender is an officer of the
executive branch of the
Government; and
2. He either:
3. Assumes judicial powers; or
4. Obstructs the execution of
any order or decision
rendered by any judge within
his jurisdiction.
Article 242. Disobeying request for
disqualification Any public officer,
who, before the question of
jurisdiction is decided, shall continue
any proceeding after having been
lawfully required to refrain from so
doing, be punished by arresto mayor
and a fine not exceeding 500 pesos.
Elements:
1. Offender is a public officer;
2. A proceeding is pending before such
public officer;
3. There is a question brought before
the proper authority regarding his
jurisdiction which is not yet decided;
4. He has been lawfully required to
refrain from continuing to proceed;
and
5. He continues the proceeding.
Article 243. Orders or request by
executive officers to any judicial
authority - Any executive officer who
shall address any order or
suggestion to any judicial authority
with respect to any case or business
coming within the exclusive
jurisdiction of the courts of justice
shall suffer the penalty of arresto
mayor and a fine not exceeding 500
pesos
Elements:
1. Offender is an executive officer;
2. He addresses any order or
suggestion to any judicial authority;
3. The order or suggestion relates to
any case or business coming within
the exclusive jurisdiction of the
courts of justice; and
Article 244. Unlawful appointments -
Any public officer who shall
knowingly nominate or appoint to
any public office any person lacking
the legal qualification therefor, shall
suffer the penalty of arresto mayor
and a fine not exceeding 1,000 pesos.
Elements:
1. The offender is a public officer;
2. He nominates or appoints a person
to public office;
3. Such person lacks the legal
qualifications therefor;
4. Offender knows that his nominee or
appointee lacks the qualifications at
the time he made the nomination or
appointment.
Note: Mere act of recommending is not
a crime
Article 245. Abuses against chastity -
The penalties of prision correccional
in its medium and maximum periods
and temporary special
disqualification shall be imposed.
Upon any public officer who shall
solicit or make immoral or indecent
advances to a woman interested in
matters pending before such officer
for decision, or with respect to which
he is required to submit a report to or
consult with a superior officer.
Any warden or other public officer
directly charged with the care and
custody of prisoners or persons
under arrest who shall solicit or make
immoral or indecent advances to a
woman under his custody.
If the person solicited be the wife,
daughter, sister of relative within the
same degree by affinity of any person
in the custody of such warden or
officer, the penalties shall be prision
correccional in its minimum and
medium periods and temporary
special disqualification.
Elements:
1. The offender is a public officer;
2. He solicits or makes immoral or
indecent advances to a woman; and
3. Such woman must be:
a. Interested in matters pending
before the offender for
decision, or with respect to
which he is required to submit
a report to or consult with a
superior officer;
b. Under the custody of the
offender who is a warden or
other public officer directly
charged with the care and
custody of prisoners or
persons under arrest;
c. The wife, daughter, sister, or
relatives within the same
degree by affinity of the
person in the custody of the
offender.
Ways of committing abuses against
chastity:
1. By soliciting or making immoral or
indecent advances to a woman
interested in matters pending
before the offending officer for
decision, or with respect to which
he is required to submit a report
to or consult with a superior
officer.
2. By soliciting or making immoral or
indecent advances to a woman
under the offenders custody.
3. By soliciting or making immoral or
indecent advances to the wife,
daughter, sister or relative within
the same degree by affinity of
any person in the custody of the
offending warden or officer.
Solicit to propose earnestly and
persistently something unchaste and
immoral to a woman.
Note: Proof of solicitation is not
necessary when there is sexual
intercourse (US vs. Morelos, GR No.
9768).
Offended here is a woman because
chastity under the code refers to a
female.The mother of the person in the
custody of the offender is not included
Republic Act No. 9372 AN ACT TO
SECURE THE STATE AND PROTECT
OUR PEOPLE FROM TERRORISM (or
commonly known as ANTI
TERRORISM LAW/ HUMAN
SECURITY ACT OF 2007)
Failure to Deliver Suspect to the
Proper Judicial Authority Within
Three (3) Days it shall be unlawful
upon any police or law enforcement
personnel who has apprehended or
arrested, detained and taken custody of
a person charged with or suspected of
the crime of terrorism or conspiracy to
commit terrorism and fails to deliver
such charged or suspected person to
the proper judicial authority within the
period of three (3) days (Section 26, RA
9372).
Infidelity in the Custody of Detained
Persons it shall be unlawful for any
public officer who has direct custody of
a detained person under the provisions
of this Act and who by his deliberate act,
misconduct, or inexcusable negligence
causes or allows the escape of such
detained person, whether convicted and
sentenced with a final judgment of a
competent court, or not (Section 44,
Ibid).
TITLE EIGHT. CRIMES AGAINST
PERSONS (ARTICLES 246266)
Article 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.
Elements:
1. A person is killed;
2. The deceased is killed by the
accused; and
3. The deceased is the father, mother,
or child, legitimate or illegitimate, or
a legitimate other ascendant, or
other descendants, or the legitimate
spouse, of the accused
The law does not require that the
offender has knowledge of such
relationship; the fact of having such is
enough to convict him with the crime of
parricide.
In cases of parricide, if the deceased is
either the father, mother, or the child of
the accused, proof of legitimacy is not
required (People vs. Ignacio, G.R. No.
107801, March 26, 1997).
The rule of conspiracy that the act of
one is the act of all does not apply here
because of the personal relationship of
the offender and the offended party.
Hence, a stranger who cooperates is not
liable for parricide but rather for murder
or homicide as the case may be
(People vs. Echaluce, et. al., GR No.
L-29776, August 27, 1975).
 Concealment of Concealment of
Article 49 applies, in terms of imposing mothers dishonor mothers dishonor
the proper penalty, when it comes to is NOT a mitigating is a mitigating
cases of parricide by mistake. circumstance. circumstance.

The following are not included in this Article 247. Any legally married
article: adopted father, adopted son, person who having surprised his
father-in-law, and son-in-law. spouse in the act of committing
Legally adopted child cannot be charged sexual intercourse with another
with parricide. Blood relationship is person, shall kill any of them or both
important. of them in the act or immediately
The deceased child must not be less thereafter, or shall inflict upon them
than 3 days old, otherwise, the crime is any serious physical injury, shall
infanticide (Article 255). suffer the penalty of destierro.
In the killing of the spouse, there must If he shall inflict upon them physical
be a valid subsisting marriage at the injuries of any other kind, he shall be
time of killing. Hence, the killing of an exempt from punishment.
illegitimate spouse is NOT parricide. These rules shall be applicable,
under the same circumstances, to
The fact that the wife was not shot in a parents with respect to their
vital part of her body does not negate daughters under eighteen years of
intent to kill on the part of husband. The age, and their seducer, while the
extent of the injuries sustained by the daughters are living with their
wife manifest the intention to extinguish parents.
her life (People vs. Nepomuceno, GR Any person who shall promote or
No. 127818, November 11, 1998). facilitate the prostitution of his wife
or daughter, or shall otherwise have
The issue in the annulment of marriage consented to the infidelity of the
is not similar or intimately related to the other spouse shall not be entitled to
issue in the criminal case (not a the benefits of this article.
prejudicial question) (Pimentel vs. Elements:
Pimentel, G.R. 172060, September 13, 1. Legally married person or a parent
2010). who surprises his spouse or
daughter, the latter under 18 years of
PARRICIDE INFANTICIDE age and living with him, in the act of
Premised on the Not so premised. committing sexual intercourse with
relationship another person;
between offender 2. He/she kills any or both of them any
and offended party. serious physical injury in the act of
Victim is three days Victim is younger immediately thereafter;
old or older. than 3 days old. 3. He has not either promoted of
A stranger who If stranger facilitated the prostitution of his wife
conspires with the conspires with or daughter, or he or she has not
parent is not guilty parent, both are consented to the infidelity of the
of parricide. guilty of other spouse (People vs. Gelaver,
infanticide. G.R. No. 95357, June 9, 1993).

Two stages must be met before the
benefit of this provision may be invoked:
1. Accused surprised his spouse;
Surprise means totally
unexpected or to come upon suddenly
or unexpectedly or to catch
unprepared
2. He inflicted injuries or killed the
spouse or paramour during sexual
intercourse or immediately
thereafter.
The Revised Penal Code in
requiring that the accused shall kill any
of them or both of thing xxx immediately
thereafter xxx does not require that he
should commit the killing instantly
thereafter. It only requires that the death
caused be the proximate result of the
outrage overwhelming the accused after
chancing upon his spouse in the bases
act of infidelity (People vs. Abarca,
G.R. No. L-74433, September 14,
1987).
This article does not define and penalize
a felony. It is rather an absolutory cause
which provides for the imposition of
destierro rather than the ordinary
penalty for parricide. The vindication of
a mans honor is justified because of the
scandal an unfaithful wife creates
(People vs. Talisic, G.R. No. 97961,
September 5, 1997). In Article 247,
destierro is not intended as a penalty
but a means remove the accused from
the vicinity, for his protection against
possible reprisal from the family or
relatives of the other spouse or those of
the paramour or mistress.
By raising Article 247 as a defense, the
accused waives his constitutional
presumption of innocence and has the
burden of proving its elements (People
vs. Puedan, G.R. No. 139576,
September 2, 2002).
Article 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
attendant circumstances:
1. With treachery, taking advantage
of superior strength, with the aid of
armed men, or employing means to
weaken the defense or of means or
persons to insure or afford impunity.
2. In consideration of a price, reward,
or promise.
3. By means of inundation, fire,
poison, explosion, shipwreck,
stranding of a vessel, derailment or
assault upon a street car or
locomotive, fall of an airship, by
means of motor vehicles, or with the
use of any other means involving
great waste and ruin.
4. On occasion of any of the
calamities enumerated in the
preceding paragraph, or of an
earthquake, eruption of a volcano,
destructive cyclone, epidemic or
other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and
inhumanly augmenting the suffering
of the victim, or outraging or scoffing
at his person or corpse.
Elements:
1. A person was killed;
2. The accused killed him;
3. The killing is not parricide or
infanticide;
4. The killing was attended by any of
the qualifying circumstances
mentioned in Art. 248:
5. The killing is neither parricide nor
infanticide (People vs. Zapuiz, GR
No. 199713, February 20, 2013)
Outraging (physical act) means to
commit an extremely vicious or deeply
insulting act.
Scoffing (verbal act) means to jeer,
and implies a showing or irreverence.
Rules to qualify the killing to murder:
1. Murder will exist with only one of the
circumstances described in Art. 248.
When more than one of said
circumstances are present, the
others must be considered as
generic aggravating circumstances
(People vs. Dueo, GR No. L
311202, May 5, 1979)
2. When the other circumstances are
absorbed or included in one
qualifying circumstance, they cannot
be considered as generic
aggravating (People vs. Sespee,
et al., GR No. L9346, October 30,
1957)
3. Any of the qualifying circumstances
enumerated in Art. 248 must be
alleged in the information (People
vs. Aquino, GR Nos. 144340-42,
August 6, 2002)
Dismemberment of a dead body is one
manner of outraging or scoffing at the
corpse of the victim, and qualifies the
killing to murder (People v. Guillermo,
G.R. No. 147786, January 20, 2004).
The use of loose firearm, when inherent
in the commission of the crime
punishable under the Revised Penal
Code or other special laws, shall be
considered as an aggravating
circumstance (Section 29, RA 10591).
Article 249. Homicide - Any person
who, not falling within the provisions
of Article 246, shall kill another
without the attendance of any of the
circumstances enumerated in the
next preceding article, shall be
deemed guilty of homicide and be
punished by reclusion temporal.
Elements:
1. A person was killed;
2. That the accused killed him without
any justifying circumstance;
3. The accused had the intention to kill,
which is presumed; and
4. The killing was not attended by any
of the qualifying circumstances of
murder, parricide, or infanticide.
Accidental homicide death of a
person brought about by a lawful act
performed with proper care and skill and
without homicidal intent. (e.g death in
boxing bout) (People vs. Balderas, GR
No. 106582).
Corpus Delicti means the actual
commission of the crime charged. It
does not refer to the body of the
murdered person (People vs. Taruc, et
al, GR No. L18308, April 30, 1966).
Intent to kill is conclusively presumed
when death results, evidence of intent to
kill is important only in attempted or
frustrated homicide (Yapyuco vs.
Sandiganbayan, GR No. 12074446,
June 25, 2012).
Intent to kill is usually shown by the kind
of weapon used and part of the body
wounded.
In attempted or frustrated homicide,
there is intent to kill, while in physical
injuries, there is none. However, if as a
result of the physical injuries inflicted,
the victim died, the crime will be
homicide because in homicide, the law
punishes the result and not the act.
In all crime against persons in which the
death of the victim is an element of an
offense, there must be satisfactory
evidence of the fact of death, and the
identity of the victim.
Article 250. Penalty for frustrated
parricide, murder or homicide. The
courts, in view of the facts of the
case, may impose upon the person
guilty of the frustrated crime of
parricide, murder or homicide,
defined and penalized in the
preceding articles, a penalty lower by
one degree than that which should be
imposed under the provision of
Article 50.
The courts, considering the facts of
the case, may likewise reduce by one
degree the penalty which under
Article 51 should be imposed for an
attempt to commit any of such
crimes.
The application of Article 250 is not
mandatory (Angeles vs. People, G.R.
No. 172744, September 29, 2008).
Article 251. Death caused in a
tumultuous affray - When, while
several persons, not composing
groups organized for the common
purpose of assaulting and attacking
each other reciprocally, quarrel and
assault each other in a confused and
tumultuous manner, and in the
course of the affray someone is
killed, and it cannot be ascertained
who actually killed, and it cannot be
ascertained who actually killed the
deceased, but the person or persons
who inflicted serious physical
injuries can be identified, such
person or persons shall be punished
by prision mayor.
If it cannot be determined who
inflicted the serious physical injuries
on the deceased, the penalty of
prision correccional in its medium
and maximum periods shall be
imposed upon all those who shall
have used violence upon the person
of the victim.
Elements:
1. There are several persons;
2. They did not compose groups
organized for the common purpose
of assaulting and attacking each
other reciprocally;
3. These several persons quarreled
and assaulted each other in a
confused and tumultuous manner;
4. Someone was killed in the course of
the affray;
5. It cannot be ascertained who actually
killed the deceased; and
6. The person or persons who inflicted
serious physical injuries or used
violence upon the person of the
victim can be identified (People vs.
Julianda, G.R. No. 128886,
November 23, 2001)
Persons liable:
Person/s who inflicted serious physical
injuries;
If unknown, all the persons who inflicted
the serious physical injuries.
Tumultuous Affray a melee or free-
for-all, where several persons not
comprising definite or identifiable groups
attack one another in a confused and
disorganized manner resulting in the
death or injury of one or some of them
(People vs. Campa, G.R. no. 105391,
February 28, 1994). This exists when at
least four persons took part.

There is no crime of death in a
tumultuous affray if there was no
confusion and the quarrel was between
two well known groups (People vs.
Corpuz, G.R. No. L-36234, February
10, 1981). The crime is homicide or
murder, as case may be.
When the quarrel is between a distinct
group of individuals, one of whom was
sufficiently identified as the principal
author of the killing, as against a
common, particular victim, it is not a
tumultuous affray within the meaning
of Art. 251 of the RPC (People vs.
Unlagada, GR No. 141080, September
17, 2002). In such a case, the crime
committed is homicide.
Article 250. 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 degree than that
provided for the physical injuries so
inflicted.
When the physical injuries inflicted
are of a less serious nature and the
person responsible therefor cannot
be identified, all those who appear to
have used any violence upon the
person of the offended party shall be
punished by arresto mayor from five
to fifteen days.
Elements:
1. There is a tumultuous affray;
2. A participant or some participants
thereof suffer serious physical
injuries or physical injuries of a less
serious nature;
3. The person responsible therefor
cannot be identified; and
4. All those who appear to have used
violence upon the person of the
offended party are known (People
vs. Julianda, G.R. No. 128886,
November 23, 2001).
The injured party must be one of the
participants in the tumultuous affray.
Article 253. Giving assistance to
suicide - Any person who shall assist
another to commit suicide shall
suffer the penalty of prision mayor; if
such person leads his assistance to
another to the extent of doing the
killing himself, he shall suffer the
penalty of reclusion temporal.
However, if the suicide is not
consummated, the penalty of arresto
mayor in its medium and maximum
periods, shall be imposed.
Acts Punishable:
1. By assisting another to commit
suicide, whether the suicide be
consummated or not; or
2. By lending his assistance to another
to commit suicide to the extent of
doing the killing himself.
Euthanasia or Mercy-Killing is a
practice of painlessly putting a person
suffering from some incurable disease
to death.
Offender is still liable even if the suicide
is not consummated.
The penalty for giving assistance to
suicide if the offender is the father,
mother, child or spouse of the one
committing suicide is the same since the
law does not distinguish (Reyes, Book
Two, 2012, p. 515).
A person who attempt to commit suicide
is not criminally liable because society
considers him as an unfortunate being
who deserved pity rather than of
penalty.
A pregnant woman, who tried to commit
suicide, by means of poison, but instead
of dying, the fetus in her womb was
expelled, is not liable for abortion. Under
our law, in order to incur criminal liability
for the result not intended, one must be
committing a felony. An attempt to
commit suicide is not punishable by law.
Article 254. Discharge of firearms -
Any person who shall shoot 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.
Elements:
The offender discharges a firearm
against or at another person; and
The offender had no intention to kill that
person (Dado vs. People, G.R. No.
131421, November 18, 2002)
It is not applicable to police officers in
the performance of their duties.
If in the discharge of firearm, the
offended party is hit and wounded, there
is complex crime of Discharge of
Firearm with Serious or Less Serious
Physical Injuries (People vs. Arquiza,
GR Nos. 4212842129, December 19,
1935), but if only slight physical injuries
were inflicted, there is no complex
crime, since such physical Injuries
constitute a light felony.
The crime is discharge of firearm even if
the gun was not pointed at the offended
party when it was fired, without intent to
kill, as long as it was initially aimed by
the accused at or against the offended
party.
Other Possible Crimes:
Frustrated Homicide if there is intent
to kill and he did not kill his victim.
Frustrated Discharge if firearms
trigger was pressed but did not fire.
Illegal Discharged with Physical injuries
if victim was wounded.
Alarms and Scandal if not directed to
a person.
Article 255. Infanticide - The penalty
provided for parricide in Article 246
and for murder in Article 248 shall be
imposed upon any person who shall
kill any child less than three days of
age.
If the crime penalized in this article
be committed by the mother of the
child for the purpose of concealing
her dishonor, she shall suffer the
penalty of prision correccional in its
medium and maximum periods, and if
said crime be committed for the same
purpose by the maternal
grandparents or either of them, the
penalty shall be prison mayor (as
amended by RA No. 7659)
Elements:
1. A child was killed;
2. The deceased child was less than 72
hours old/ 3 days old;
3. The accused killed the said child.
HOWEVER, the crime would be Abortion the willful killing of the fetus
parricide if the child is 3 days old or in the uterus, or the violent expulsion of
older and the accused is the father, fetus from the womb.
mother, whether legitimate or
illegitimate, or other legitimate Ways of committing:
ascendant; and murder if the accused is 1. By using any violence upon the
a stranger (People vs. Dela Cruz, G.R. person of a pregnant woman;
No. 175929, December 16, 2008). 2. By acting, without using violence and
without the consent of the woman by
The crime is predicated not on the administering drugs or beverages
relation of the offender and the offended upon such pregnant woman without
party, but rather on the age of the latter. her consent; and
3. By acting, with the consent of the
No crime of infanticide is committed if pregnant woman, by administering
the child has been dead or if, although drugs or beverages.
born alive, it could not sustain an
independent life when it was killed (U.S. Persons liable:
vs. Aquino, G.R. No. 11653, August 1. The person who intentionally causes
19, 1916) the abortion under Art. 256;
2. The pregnant woman if she
Article 256. Intentional abortion - Any consented under Art. 258.
person who shall intentionally cause
an abortion shall suffer: As long as the fetus dies as a result of
The penalty of reclusion temporal, if the violence used or the drugs
he shall use any violence upon the administered, the crime of abortion
person of the pregnant woman; exists, even if the fetus is over or less
The penalty of prision mayor, if, than 6 months, or is full term.
without using violence, he shall act
without the consent of the woman; If the fetus could sustain an independent
The penalty of prision correctional in life (the fetus must have an intrauterine
its medium and maximum periods, if life of not less than 7 months) after its
the woman shall have consented. separation from the maternal womb and
Elements: it is killed, the crime is infanticide, not
1. There is a pregnant woman; abortion. (People vs. Detablan, C.A. 40
2. That either violence is exerted, or O.G. Supp. 5, 30)
drugs or beverages administered,
the accused otherwise acts upon ABORTION INFANTICIDE
such pregnant woman; Fetus is still Victim is already a
3. As a result of the violence, drugs, drawing life from person, or
beverage or act of the accused, the its mother, The umbilical cord
fetus dies, either in the womb or after Or not yet is already cut and
having been expelled therefrom; and breathing on its the infant is
4. The abortion is intended. own, breathing on its
Or baby had an own, or
intra-uterine life of The baby had an
less than 7 intra-uterine life of
months and is less than 7 months
killed within 24 and it is killed after
hours 24 hours.
Article 257. Unintentional abortion -
The penalty of prision correccional in
its minimum and medium period shall
be imposed upon any person who
shall cause an abortion by violence,
but unintentionally.
Elements:
1. There is a pregnant woman;
2. Violence is used upon her without
intending an abortion;
3. The violence is intentionally exerted;
4. As a result of the violence, the fetus
dies, either in the womb of the
mother or after having been expelled
therefore.
Other Possible Crimes:
Light threats if only intimidation was
used.
Complex crime of Murder (or Parricide)
with intentional Abortion, If the pregnant
woman was killed with intent to abort.
Any woman, who shall commit this
offense to conceal her dishonor,
shall suffer the penalty of prision
correccional in its minimum and
medium periods.
If this crime be committed by the
parents of the pregnant woman or
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.
Elements:
1. There is a pregnant woman who has
suffered an abortion;
2. The abortion is intended; and
3. The abortion is caused by:
a. The pregnant woman herself:
b. Any other person with her
consent;
c. Any of her parents, with her
consent, for the purpose of
concealing her dishonor.

INTENTIONAL UNINTENTIONAL Under a and c above, the woman is

With or without With physical liable under Art. 258; while the third
violence violence person under b is liable under Article
By another By other person 256.
person or by than the preggy
woman herself If the purpose is other than to conceal
Offenders knows Offender may or the womans dishonor, abortion by any
of the pregnancy may not know of the of her parents falls under Article 256.
of the woman pregnancy
Always by dolo Dolo or culpa Article 259. Abortion practiced by a
physical or midwife and dispensing
of abortive - The penalties provided
Article 258. Abortion practiced by the in Article 256 shall be imposed in its
woman herself or by her parents -The maximum period, respectively, upon
penalty of prision correccional in its any physician or midwife who, taking
medium and maximum periods shall advantage of their scientific
be imposed upon a woman who shall knowledge or skill shall cause an
practice abortion upon herself or abortion or assist in causing the
shall consent that any other person same.
should do so.

Any pharmacist who, without the
proper prescription from a physician,
shall dispense any abortive shall
suffer arresto mayor and a fine not
exceeding 1,000 pesos.
Who may commit?
1. Physician or midwife
Elements:
a. There is a pregnant woman who
has suffered an abortion;
b. The abortion is intended;
c. The offender, who must be a
physician or midwife, causes or
assist in causing the abortion;
and
d. The physician or midwife takes
advantage of their scientific
knowledge or skill.
2. Pharmacist
Elements:
a. Offender is a pharmacist;
b. There is no proper prescription
from a physician; and
c. Offender dispenses any abortive.
As to the pharmacist, it is not necessary
that the abortive was actually used so
long as the abortive was dispensed
without proper prescription from a
physician, it is already consummated.
It is immaterial that the pharmacist
knows that the abortive would be used
for abortion. Otherwise, he shall be
liable as an accomplice should abortion
result from the use thereof.
Article 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.
In any other case, the combatants
shall suffer the penalty of arresto
mayor, although no physical injuries
have been inflicted.
Punishable acts:
1. By killing ones adversary in a duel.
2. By inflicting upon such adversary
physical injuries.
3. By making a combat although no
physical injuries have been inflicted.
Persons liable:
1. The person who killed or inflicted
physical injuries upon his adversary, or
both combatants in any other case, as
principals.
2. The second, as accomplice.
Duel formal agreement to fight with
another party, under determined
conditions and with the participation and
intervention of seconds, who fix such
conditions (U.S vs. Navarro, G.R. No.
1878, March 9, 1907). A formal or
regular combat previously concerted
between two parties in the presence of
two or more seconds of lawful age on
each side, who make the selection of
arms and fix all other conditions of the
fight.
Seconds persons who make the
selection of the arms and fix the other
conditions of the fight.
Selfdefense cannot be invoked if there
was a preconcerted agreement to fight,
but if the attack was made by the
accused against his opponent before
the appointed place and time, there is
an unlawful aggression, hence self
defense can be claimed (Justo vs.
Court of Appeals, GR No. L8611,
June 28, 1956).

Article 261. Challenging for a duel -
The penalty of prision correccional in
its minimum period shall be 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.
Punishable acts:
1. By challenging another to a duel;
2. By inciting another to give or accept
a challenge to a duel; and
3. By scoffing or decrying another
publicly for having refused to accept
a challenge to fight a duel.
Persons liable:
1. Challenger; and
2. Instigators.
A challenge to fight, without
contemplating a duel, is not challenging
to duel. The person making the
challenge must have in mind a formal
combat to be concerted between him
and the one challenged in the presence
of two or more seconds (Reyes, Book
Two, 2012, p. 532).
Article 262. Mutilation - The penalty
of reclusion temporal to reclusion
perpetua shall be imposed upon any
person who shall intentionally
mutilate another by depriving him,
either totally or partially, or some
essential organ or reproduction.
Any other intentional mutilation shall
be punished by prision mayor in its
medium and maximum periods.
1. Castration - intentional mutilation
another by depriving him, either
totally or partially, of some
essential organ for reproduction.
Elements of Castration:
That there be a castration, that is,
mutilation of organs necessary for
reproduction; the mutilation is caused
purposely and deliberately, that is, to
deprive the offended party of some
essential organ for reproduction
(Aguirre vs. Secretary of Department
of Justice, G.R. No. 170723, March 3,
2008)
2. Mayhem intentionally making
other mutilation by lopping or
clipping off of some part of body
of the offended party, other than
the essential organ for
reproduction, to deprive him of
that part of the body (U.S. vs.
Bogel, G.R. No. 2957, January
3, 1907)
The offender under this kind must have
deliberate intention to deprive the
offended party of a part of his body.
Other possible crime/s: Physical injuries
if no intent to mutilate
Mayhem intentionally making other
mutilation by depriving another of other
parts of the body, Lopping or clipping off
of some part of anothers body (U.S. vs.
Bogel, G.R. No. 2957, January 3,
1907)
Article 263. Serious physical injuries
- Any person who shall wound, beat,
or assault another, shall be guilty of
the crime of serious physical injuries
and shall suffer:
The penalty of prision mayor, if in
consequence of the physical injuries
inflicted, the injured person shall
become insane, imbecile, impotent,
or blind;
The penalty of prisison correccional
in its medium and maximum periods,
if in consequence of the physical
injuries inflicted, the person injured
shall have 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 become
incapacitated of the work in which he
was therefor habitually engaged;
The penalty of prision correccional in
its minimum and medium periods, if
in consequence of the physical
injuries inflicted, the person injured
shall have become deformed, or shall
have lost any other part of his body,
or shall have lost the use thereof, or
shall have been ill or incapacitated
for the performance of the work in
which he as habitually engaged for a
period of more than ninety days;
The penalty of arresto mayor in its
maximum period to prision
correccional in its minimum period, if
the physical injuries inflicted shall
have caused the illness or incapacity
for labor of the injured person for
more than thirty days.
If the offense shall have been
committed against any of the
persons enumerated in Article 246, or
with attendance of any of the
circumstances mentioned in Article
248, the case covered by subdivision
number 1 of this Article shall be
punished by reclusion temporal in its
medium and maximum periods; the
case covered by subdivision number
2 by prision correccional in its
maximum period to prision mayor in
its minimum period; the case covered
by subdivision number 3 by prision
correccional in its medium and
maximum periods; and the case
covered by subdivision number 4 by
prisosn correccional in its minimum
and medium periods.
The provisions of the preceeding
paragraph shall not be applicable to a
parent who shall inflict physical
injuries upon his child by excessive
chastisement.
Ways of Committing:
1. By wounding;
2. By beating;
3. By assaulting;
4. By administering injurious
substances
Kinds of Serious Physical Injuries:
1. When the injured person becomes
insane, imbecile, impotent or blind in
consequence of the physical injuries
inflicted
Impotence no power or for or unable
to perform the sexual act.
Blind contemplates total blindness or
loss of both eyes. If only one eye is blind
or there is only loss of one eye,
paragraph 2(a) is sufficient.
2. When the injured person:
a. Loses the use of speech or the
power to hear or to smell, or
loses an eye, a hand, a foot, an
arm, or a leg;
b. Loses the use of any such
member;
c. Becomes incapacitated for the
work in which he has therefore
habitually engaged.
Loss of power to hear should be in both
ears; if one ear only, it falls under par. 3
of Article 263 (People vs. Hernandez,
G.R. No. L-4213, November 28, 1953).
Amputation of an arm is serious physical
injury under subdivision no. 2 (People
vs. Lagatam G.R. Nos. L-1940-42,
March 24, 1949)
For loss of the use of hand or incapacity
of usual work in par. 2 of Article 263, the
loss must be permanent.
3. The person injured:
a. Becomes deformed;
Deformity requires that the injury
be: Physical ugliness; Permanent and
definite abnormality; and Conspicuous
and visible.
The injury to cause deformity is
one that cannot be replaced by nature
(People vs. Balubar, GR No. 40940,
October 9, 1934).
Deformity will always constitute serious
physical injury even if treatment lasts for
less than 30 days.
Loss of index and middle fingers is
either deformity or loss of a member, not
principal one, of his body or use of
same.
b. Loses any other member of his
body or the use thereof;
par. 3 covers any other members
which is not a principal member of the
body.
c. Becomes ill or incapacitated for
the performance of the work in
which he was habitually engaged
for more than 90 days.
In paragraph 2 and 3, the
offended party must have a vocation or
work at the time of the injury
4. That the person injured becomes ill or
incapacitated for labor for more than 30
days (but not more than 90 days), as a
result of the physical injuries inflicted
Where the category of the offense of
serious physical injuries depends on the
period of illness or incapacity for labor,
there must be evidence of that length of
that period, otherwise, the offense shall
only be slight physical injuries.
PHYSICAL ATTEMPTED OR
INJURIES FRUSTRATED
HOMICIDE
The offender May be committed
inflicts physical even if no physical
injuries. injuries are inflicted.
The offender has The offender has an
no intent to kill intent to kill the
the offended offended party.
party.
Qualifying Circumstances:
a. Offense committed against persons
enumerated in the crime of parricide.
b. With the attendance of circumstance
which qualify the crime to murder.
Note: Qualified Penalties are not
applicable to parents who inflict serious
physical injuries upon their children be
excessive chastisement.
Article 264. Administering injurious
substances or beverages - The
penalties established by the next
preceding article shall be applicable in
the respective case to any person who,
without intent to kill, shall inflict upon
another any serious, physical injury, by
knowingly administering to him any
injurious substance or beverages or by
taking advantage of his weakness of
mind of credulity.
Elements:
1. The offender inflicted upon another
any serious physical injury;
2. It was done by knowingly
administering to him any injurious
substances or beverages or by
taking advantage of his weakness of
mind or credulity;
3. The offender has no intent to kill.
Administering injurious substances
or beverages means introducing into
the body the injurious substances or
beverages. The infliction of injuries by
throwing mordant chemicals or poisons
in the face or body is not one of the
offenses defined and penalized in the
article (U.S. vs. Chiong Sangco, G.R.
No. L-6503, February 27, 1911).
If intent to kill is present and the victim
did not die, the crime is frustrated
murder. Offender must have knowledge
of the injurious nature of the substance
he administered. Otherwise, he is not
liable.
Article 265. Less serious physical
injuries - Any person who shall inflict
upon another physical injury not
described in the preceding articles,
but which shall incapacitate the
offended party for labor for ten days
or more, or shall require medical
assistance for the same period, shall
be guilty of less serious physical
injuries and shall suffer the penalty
of arresto mayor.
Whenever less serious physical
injuries shall have been inflicted with
the manifest intent to kill or offender
the injured person, or under
circumstances adding ignominy to
the offense in addition to the penalty
of arresto mayor, a fine not
exceeding 500 pesos shall be
imposed.
Any less serious physical injuries
inflicted upon the offenders parents,
ascendants, guardians, curators,
teachers, or persons of rank, or
persons in authority, shall be
punished by prision correccional in
its minimum and medium periods,
provided that, in the case of persons
in authority, the deed does not
constitute the crime of assault upon
such person.
Elements:
1. Incapacity for labor for 10 30 days;
or medical attendance for 10 -30
days;
2. That the physical injuries must not
be those described in the preceding
articles.
The law includes two subdivisions, that
is, the inability for work or the necessity
for medical attendance. Therefore,
although the wound required medical
attendance for only 2 days, yet if the
injured party was prevented from
attending to his ordinary labor for a
period of 29 days, the offense
committed is Less Serious Physical
Injuries.
The phrase shall require medical
attendance for the same period means
the actual medical attendance. There
must be proof of the required medical
attendance (People vs. Penesa, GR
No. CA263, August 19, 1948),
In the absence of proof as to the period
of the offended medical attendance,
offense committed is only Slight
Physical injuries
Article 266. Slight Physical Injuries
and Maltreatment - The crime of
slight physical injuries shall be
punished:
By arresto menor when the offender
has inflicted physical injuries which
shall incapacitate the offended party
for labor from one to nine days, or
shall require medical attendance
during the same period.
By arresto menor or a fine not
exceeding 20 pesos and censure
when the offender has caused
physical injuries which do not
prevent the offended party from
engaging in his habitual work for
require medical assistance.
By arresto menor in its minimum
period or a fine not exceeding 50
pesos when the offender shall ill-treat
another by deed without causing any
injury.
Kinds of Slight Physical Injuries
1. Physical injuries which incapacitated
the offended party for labor from one
1 9 days; or required medical
attendance from one 1 9 days;
2. Physical injuries which did not
prevent the offended party from
engaging in his habitual work or
which did not require medical
attendance;
3. Ill-treatment of another by deed
without causing and injury.
When the offender shall ill-treat another
by deed without causing injury, and
without causing dishonor, the offense is
maltreatment under Article 266, par. 3
(People vs. Mapalo, G.R. No. 172608,
February 6 2007).
When the maltreatment causes
dishonor, the crime committed is
Slander by Deed.
When there is no evidence of actual
injury, it is only Slight Physical Injuries
(Bagajo vs. Marave, G.R. No. L-33345,
November 20, 1978).
Article 266-A: Rape; When And How
Committed. Rape is Committed -
1) By a man who shall have carnal
knowledge of a woman under any of
the following circumstances:
a) Through force, threat, or
intimidation;
b) When the offended party is
deprived of reason or
otherwise unconscious;
c) By means of fraudulent
machination or grave abuse of
authority; and
d) When the offended party is
under twelve (12) years of age
or is demented, even though
none of the circumstances
mentioned above be present;
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 (RA 8353 which
took effect on October 22, 1997).
Two Kinds of rape under Article 266-
A:
1. Rape by sexual intercourse
It is committed by a man who
shall have carnal knowledge of a
woman under any of the following
circumstances:
a. Through force, threat, or
intimidation;
b. When the offended party is
deprived of reason or otherwise
unconscious
 c. By means of fraudulent
machination or grave abuse of
authority; and
d. When the offended party is under
12 years of age or is demented,
even though none of the
circumstances mentioned above
be present.
2. Rape by sexual assault
It is committed by any person
who, under any of the circumstances
mentioned in paragraph 1, shall commit
an act of sexual assault by any of the
following means:
a. By inserting his penis into
another persons mouth or anal
orifice;
b. By inserting any instrument or
object into the genital or anal
orifice of another person.
The act of sexual assault is
accomplished under the following
circumstances:
a. Through force, threat, or
intimidation;
b. When the offended party is
deprived of reason or otherwise
unconscious
c. By means of fraudulent
machination or grave abuse of
authority; and
d. When the offended party is under
12 years of age or is demented,
even though none of the
circumstances mentioned above
be present.
Under RA 8353, the crime of rape can
now be committed by a man or woman
in the case of insertion of any instrument
or object.
Carnal knowledge there must be
sexual intercourse (People vs. Soriano,
G.R. Nos. 142779-95, August 29,
2002).
Force It is not necessary that the
force employed against the complaining
woman in rape be so great or of such a
character as could not be resisted. It is
sufficient that the force used is sufficient
to consummate the culprits purpose
(People vs. Savellano, G.R. No. L-
31227, May 31, 1974).
Threat or intimidation The test is
whether the threat or intimidation
produces a reasonable fear in the mind
of the victim that if she resists or does
not yield, the threat would be carried out
(People vs. Las Pinas, G.R. No.
133444, February 20, 2002).
Consummated Rape Rape under
paragraph 1 is consummated the
moment there slight penetration by
the male organ, no matter how slight.
The slightest penetration is enough
(People vs. Canastre, G.R. No. L-
2055, December 24, 1945).
Penetration is requiring entry into the
labia or lips of the female organ (People
vs. Campuhan, G.R. No. 129433,
March 30, 2000).
Moral character is immaterial in the
prosecution and conviction of the
offender in the crime of rape, even a
prostitute can be a victim of rape as the
essence is the victims lack of consent
to the sexual act (People vs. Aaron,
G.R. Nos. 136300-02, September 24,
2002).
Insertion of ones finger into the genital
of another constitutes rape through
sexual assault (People vs. John
Nequia, GR No. 146569, October 6,
2003; People vs. Bon, G.R. No.
149199, January 28, 2003).
Statutory Rape Mere sexual
congress with a woman below 12
years of age consummates the crime of
statutory rape regardless her consent to
the act or lack of it (People vs.
Jalosjos, G.R. Nos. 132875-76,
November 16, 2001).
It is not necessary to prove that the
victim was intimidated or that force was
used. The law presumes that the victim
on account of her tender age, does not
and cannot have a will of her own
(People vs. Mayoral, G.R. Nos. 96094-
95, November 13, 1991).
Marital Rape RA 8353 penalizes
marital rape regardless of status of
marriage. Legal husband is the offender
subsequent forgiveness of the wife
extinguishes criminal action/penalty.
The crime of marital rape is not
extinguished or the penalty abated if the
marriage is void ab initio
Sweetheart Doctrine It is well settled
that being sweethearts does not negate
the commission of the rape because
such act does not give appellant license
to have sexual intercourse against her
will, and will not exonerate him from the
criminal charge of rape (People vs.
Olesco, GR No. 174861, April 11,
2011).
Article 266-B. Penalties - 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 para-military 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 of the 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 (RA 8353 which took effect on
October 22, 1997).
In the special complex crime of
rape with homicide, the term homicide
is to be understood in its generic sense,
and includes murder and slight physical
injuries committed by reason or on
occasion of the rape. Hence, even if any
or all of the circumstances (treachery,
abuse of superior strength and evident
premeditation) alleged in the information
have been duly established by the
prosecution, the same would not qualify
the killing to murder and the crime
committed by appellant is still rape with
homicide (People vs. Laog, GR No.
178321, October 5, 2011).
Article 266-C. Effect of Pardon - The
subsequent valid marriage between
the offender and 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 penalty: Provided,
that the crime shall not be
extinguished or the penalty shall not
be abated if the marriage be void ab
initio (RA 8353 which took effect on
October 22, 1997).
Since rape is now a crime against
persons, marriage extinguishes the
penal action only as to the principal, i.e.
the husband, but not as to the
accomplices and accessories.
The principle does not apply where
multiple rape was committed because
while marriage with one defendant, liberty. It includes, but is not limited to,
extinguishes the criminal liability, is the following acts:
benefits cannot be extended to the acts
committed by others of which he is a co-
A. Physical Violence refers to acts
principal. (People vs. Bernardo, et.al.,
C.A. 38, O.G. 3479) that include bodily or physical harm;

Article 266-D. Presumptions - Any B. Sexual Violence refers to an act

physical overt act manifesting which is sexual in nature, committed
resistance against the act of rape in against a woman or her child. It
any degree from the offended party; includes, but is not limited to:
or where the offended party is so
situated as to render him/her
incapable of giving a valid consent, 1) rape, sexual harassment, acts
may be accepted as evidence in the of lasciviousness, treating a
prosecution of the acts punished woman or her child as a sex
under Article 266-A (RA 8353 which object, making demeaning and
took effect on October 22, 1997). sexually suggestive remarks,
physically attacking the sexual
Republic Act No. 9262 AN ACT
parts of the victims body, forcing
DEFINING VIOLENCE AGAINST
her/him to watch obscene
WOMEN AND THEIR CHILDREN,
publications and indecent shows
PROVIDING FOR PROTECTIVE
or forcing the woman or her child
MEASURES FOR VICTIMS,
to do indecent acts and/or make
PRESCRIBING PENALTIES
films thereof, forcing the wife and
THEREFORE, AND FOR OTHER
mistress/lover to live in the
PURPOSES (or commonly known as
conjugal home or sleep together
VAWC)
in the same room with the
Violence against women and their
abuser;
children refers to any act or a series
of acts committed by any person against
2) acts causing or attempting to
a woman who is his wife, former wife, or
cause the victim to engage in any
against a woman with whom the person
sexual activity by force, threat of
has or had a sexual or dating
force, physical or other harm or
relationship, or with whom he has a
threat of physical or other harm
common child, or against her child
or coercion;
whether legitimate or illegitimate, within
or without the family abode, which result
3) Prostituting the woman or
in or is likely to result in physical, sexual,
child.
psychological harm or suffering, or
economic abuse including threats of
C. Psychological violence refers to
such acts, battery, assault, coercion,
acts or omissions causing or likely to
harassment or arbitrary deprivation of
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 (Section 3[a], RA
9262).
Punishable Acts
Acts of Violence Against Women and
Their Children - The crime of violence
against women and their children is
committed through any of the following
acts:
(a) Causing physical harm to the woman
or her child;
(b) Threatening to cause the woman or
her child physical harm;
(c) Attempting to cause the woman or
her child physical harm;
(d) Placing the woman or her child in
fear of imminent physical harm;
(e) Attempting to compel or compelling
the woman or her child to engage in
conduct which the woman or her child
has the right to desist from or desist
from conduct which the woman or her
child has the right to engage in, or
attempting to restrict or restricting the
womans or her childs freedom of
movement or conduct by force or threat
of force, physical or other harm or threat
of physical or other harm, or intimidation
directed against the woman or child.
This shall include, but not limited to, the
following acts committed with the
purpose or effect of controlling or
restricting the womans or her childs
movement or conduct:
(1) Threatening to deprive or
actually depriving the woman or
 her child of custody to her/his
family;
(2) Depriving or threatening to
deprive the woman or her
children of financial support
legally due her or her family, or
deliberately providing the
womans children insufficient
financial support;
(3) Depriving or threatening to
deprive the woman or her child of
a legal right;
(4) Preventing the woman in
engaging in any legitimate
profession, occupation, business
or activity or controlling the
victims own mon4ey or
properties, or solely controlling
the conjugal or common money,
or properties;
(f) Inflicting or threatening to inflict
physical harm on oneself for the
purpose of controlling her actions or
decisions;
(g) Causing or attempting to cause the
woman or her child to engage in any
sexual activity which does not constitute
rape, by force or threat of force, physical
harm, or through intimidation directed
against the woman or her child or
her/his immediate family;
(h) Engaging in purposeful, knowing, or
reckless conduct, personally or through
another, that alarms or causes
substantial emotional or psychological
distress to the woman or her child. This
shall include, but not be limited to, the
following acts:
(1) Stalking or following the
woman or her child in public or
private places;
(2) Peering in the window or
lingering outside the residence of
the woman or her child;
(3) Entering or remaining in the
dwelling or on the property of the
woman or her child against
her/his will;
(4) Destroying the property and
personal belongings or inflicting
harm to animals or pets of the
woman or her child; and
(5) Engaging in any form of
harassment or violence;
(i) Causing mental or emotional anguish,
public ridicule or humiliation to the
woman or her child, including, but not
limited to, repeated verbal and
emotional abuse, and denial of financial
support or custody of minor children of
access to the womans child/children
(Section 5, Ibid)
Republic Act No. 9775 AN ACT
DEFINING THE CRIME OF CHILD
PORNOGRAPHY, PRESCRIBING
PENALTIES THEREFOR AND FOR
OTHER PURPOSES (or commonly
known as Anti-Child Pornography Act
of 2009)
Child - refers to a person below
eighteen (18) years of age or over, but
is unable to fully take care of
himself/herself from abuse, neglect,
cruelty, exploitation or discrimination
because of a physical or mental
disability or condition.
For the purpose of this Act, a child shall
also refer to:
(a) a person regardless of age
who is presented, depicted or
portrayed as a child as defined
herein; and
(b) computer-generated, digitally
or manually crafted images or
graphics of a person who is
represented or who is made to
appear to be a child as defined
herein (Section 3[a], RA 9775).
Child pornography - refers to any
representation, whether visual, audio, or
written combination thereof, by
electronic, mechanical, digital, optical,
magnetic or any other means, of child
engaged or involved in real or simulated
explicit sexual activities (Section 3[b],
Ibid).
Unlawful or Prohibited Acts - It shall
be unlawful for any person:
(a) To hire, employ, use, persuade,
induce or coerce a child to perform in
the creation or production of any form of
child pornography;
(b) To produce, direct, manufacture or
create any form of child pornography;
(c) To publish offer, transmit, sell,
distribute, broadcast, advertise,
promote, export or import any form of
child pornography;
(d) To possess any form of child
pornography with the intent to sell,
distribute, publish, or broadcast:
Provided. That possession of three (3)
or more articles of child pornography of
the same form shall be prima facie
evidence of the intent to sell, distribute,
publish or broadcast;
(e) To knowingly, wilfully and
intentionally provide a venue for the
commission of prohibited acts as, but
not limited to, dens, private rooms,
cubicles, cinemas, houses or in
establishments purporting to be a
legitimate business;
(f) For film distributors, theaters and
telecommunication companies, by
themselves or in cooperation with other
entities, to distribute any form of child
pornography;
(g) For a parent, legal guardian or
person having custody or control of a
child to knowingly permit the child to
engage, participate or assist in any form
of child pornography;
(h) To engage in the luring or grooming
of a child;
(i) To engage in pandering of any form
of child pornography;
(j) To wilfully access any form of child
pornography;
(k) To conspire to commit any of the
prohibited acts stated in this section.
Conspiracy to commit any form of child
pornography shall be committed when
two (2) or more persons come to an
agreement concerning the commission
of any of the said prohibited acts and
decide to commit it; and
(l) To possess any form of child
pornography (Section 4, Ibid).
Republic Act No. 8049 AN ACT
REGULATING HAZING AND OTHER
FORMS OF INITIATION RITES IN
FRATERNITIES, SORORITIES, AND
OTHER ORGANIZATIONS AND
PROVIDING PENALTIES THEREFOR
(or commonly known as ANTI
HAZING LAW)
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 (Section 1, RA 8049).
Allowed Initiation Rites
1. When there is prior written notice to
the school authorities or head of
organization seven (7) days before
the conduct of the initiation. Said
written notice shall include the
following:
a. Period of the initiation
activities which shall not
exceed three (3) days;
b. Names of those subjected to
such activities;
c. Undertaking that no physical
violence shall be employed by
anybody (Section 2, Ibid);
and
2. 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. This
is to ensure that no physical harm
shall be inflicted (Section 3, Ibid).
Who are Liable
1. Principal (a) the officers and
members of the fraternity, sorority
or organization who actually
participated in the infliction of
physical harm (Section 4, Ibid);
(b) the parents of the
homeowner, if the hazing is held
in the home of one of the officers
or members of the group or
organization (Ibid); (c) 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 (Ibid); (d) officers,
former officers, or alumni of the
organization, group, fraternity or
sorority who knowingly
cooperated in carrying out the
hazing by inducing the victim to
be present thereat (Ibid); and (e)
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 (Ibid).
2. Accomplice (a) the owner of
the place where hazing is
conducted, when he has actual
knowledge of the hazing
conducted therein but failed to
take any action to prevent the
same from occurring; and (b) 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.
Note: 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 (Ibid).
Any person charged under this
provision shall not be entitled to the
mitigating circumstance that there was
no intention to commit so grave a
wrong.
Section 4 of RA 8049 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 (Ibid).
Punishable Acts All acts committed
if the person subjected to hazing or
other forms of initiation rites suffers any
physical injury or dies as a result thereof
(Section 4, Ibid).
Republic Act No. 7610 AN ACT
PROVIDING FOR STRONGER
DETERRENCE AND SPECIAL
PROTECTION AGAINST CHILD
ABUSE, EXPLOITATION AND
DISCRIMINATION, AND FOR OTHER
PURPOSES
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 (Section
3[a], RA 7610).
Child abuse refers to the
maltreatment, whether habitual or not, of
the child which includes any of the
following:
(i) Psychological and physical
abuse, neglect, cruelty, sexual
abuse and emotional
maltreatment;
(ii) Any act by deeds or words
which debases, degrades or
demeans the intrinsic worth and
dignity of a child as a human
being;
(iii) Unreasonable deprivation of
his basic needs for survival, such
as food and shelter; or
(iv) 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 (Section
3[b], Ibid).
Circumstances which gravely
threaten or endanger the survival and
normal development of children
include, but are not limited to, the
following:
(i) Being in a community where
there is armed conflict or being
affected by armed conflict-related
activities;
 (ii) Working under conditions
hazardous to life, safety and
normal which unduly interfere
with their normal development;
(iii) 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;
(iv) 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 quality of life;
(v) Being a victim of a man-made
or natural disaster or calamity; or
(vi) Circumstances analogous to
those above stated which
endanger the life, safety or
normal development of children
(Section 3[c], Ibid).
Child Prostitution and Other Sexual
Abuse Children, whether male or
female, who for money, profit, or any
other consideration or due to the
coercion or influence of any adult,
syndicate or group, indulge in sexual
intercourse or lascivious conduct, are
deemed to be children exploited in
prostitution and other sexual abuse.
(a) Engagement in or promotion,
facilitation or inducing child
prostitution which include, but are
not limited to, the following:
(i) Acting as a procurer of
a child prostitute;
(ii) Inducing a person to be
a client of a child prostitute
by means of written or oral
advertisements or other
similar means;
(iii) Taking advantage of
influence or relationship to
procure a child as
prostitute;
(iv) Threatening or using
violence towards a child to
engage him as a
prostitute; or
(v) Giving monetary
consideration goods or
other pecuniary benefit to
a child with intent to
engage such child in
prostitution.
(b) Committing the act of sexual
intercourse of lascivious conduct
with a child exploited in
prostitution or subject to other
sexual abuse; Provided, That
when the victims is under twelve
(12) years of age, the
perpetrators shall be prosecuted
under Article 335, paragraph 3,
for rape and Article 336 of Act
No. 3815, as amended, the
Revised Penal Code, for rape or
lascivious conduct, as the case
may be xxx
(c) Deriving profit or advantage
therefrom, whether as manager
or owner of the establishment
where the prostitution takes
place, or of the sauna, disco, bar,
resort, place of entertainment or
establishment serving as a cover
 or which engages in prostitution
in addition to the activity for which
the license has been issued to
said establishment (Section 5,
Ibid).
Attempt To Commit Child
Prostitution. There is an attempt to
commit child prostitution under Section
5, paragraph (a) hereof when any
person who, not being a relative of a
child, is found alone with the said child
inside the room or cubicle of a house,
an inn, hotel, motel, pension house,
apartelle or other similar establishments,
vessel, vehicle or any other hidden or
secluded area under circumstances
which would lead a reasonable person
to believe that the child is about to be
exploited in prostitution and other sexual
abuse.
There is also an attempt to
commit child prostitution, under
paragraph (b) of Section 5 hereof when
any person is receiving services from a
child in a sauna parlor or bath, massage
clinic, health club and other similar
establishments xxx (Section 6, Ibid).
Child Trafficking Any person who
shall engage in trading and dealing with
children including, but not limited to, the
act of buying and selling of a child for
money, or for any other consideration,
or barter (Section 7, Ibid).
Attempt to Commit Child
Trafficking. There is an attempt to
commit child trafficking under Section 7
of this Act:
(a) When a child travels alone to
a foreign country without valid
reason therefor and without
clearance issued by the
Department of Social Welfare
and Development or written
permit or justification from the
child's parents or legal guardian;
(c) When a person, agency,
establishment or child-caring
institution recruits women or
couples to bear children for the
purpose of child trafficking; or
(d) When a doctor, hospital or
clinic official or employee, nurse,
midwife, local civil registrar or any
other person simulates birth for
the purpose of child trafficking; or
(e) When a person engages in
the act of finding children among
low-income families, hospitals,
clinics, nurseries, day-care
centers, or other child-during
institutions who can be offered for
the purpose of child trafficking
(Section 8, Ibid).
Republic Act No. 9344 AN ACT
ESTABLISHING A COMPREHENSIVE
JUVENILE JUSTICE AND WELFARE
SYSTEM, CREATING THE JUVENILE
JUSTICE AND WELFARE COUNCIL
UNDER THE DEPARTMENT OF
JUSTICE, APPROPRIATING FUNDS
THEREFOR AND FOR OTHER
PURPOSES
Prohibited Acts
Prohibition Against Labeling and
Shaming In the conduct of the
proceedings beginning from the initial
contact with the child, the competent
authorities must refrain from branding or
labeling children as young criminals,
juvenile delinquents, prostitutes or
attaching to them in any manner any
other derogatory names. Likewise, no
discriminatory remarks and practices
shall be allowed particularly with respect
to the childs class or ethnic origin
(Section 60, RA 9344, as amended by
RA 10630).
Other Prohibited Acts The following
and any other similar acts shall be
considered prejudicial and detrimental to
the psychological, emotional, social,
spiritual, moral and physical health and
well-being of the child in conflict with the
law and therefore, prohibited:
(a) Employment of threats of
whatever kind and nature;
(b) Employment of abusive,
coercive and punitive measures
such as cursing, beating,
stripping, and solitary
confinement;
(c) Employment of degrading,
inhuman end cruel forms of
punishment such as shaving the
heads, pouring irritating,
corrosive or harmful substances
over the body of the child in
conflict with the law, or forcing
him/her to walk around the
community wearing signs which
embarrass, humiliate, and
degrade his/her personality and
dignity; and
(d) Compelling the child to
perform involuntary servitude in
any and all forms under any and
all instances (Section 61, Ibid).
Republic Act No. 9372 AN ACT TO
SECURE THE STATE AND PROTECT
OUR PEOPLE FROM TERRORISM (or
commonly known as ANTI
TERRORISM LAW/ HUMAN
SECURITY ACT OF 2007)
Punishable Acts
Terrorism Any person who commits
an act punishable under any of the
following provisions of the Revised
Penal Code:
25. Article 122 (Piracy in General and
Mutiny in the High Seas or in the
Philippine Waters);
26. Article 134 (Rebellion or
Insurrection);
27. Article 134-A (Coup dtat), including
acts committed by private persons;
28. Article 248 (Murder);
29. Article 267 (Kidnapping and Serious
Illegal Detention);
30. Article 324 (Crimes Involving
Destruction, or under
31. Presidential Decree No. 1613 (The
Law on Arson);
32. Republic Act No. 6969 (Toxic
Substances and Hazardous and
Nuclear Waste Control Act of 1990);
33. Republic Act No. 5207, (Atomic
Energy Regulatory and Liability Act
of 1968);
34. Republic Act No. 6235 (Anti-
Hijacking Law);
35. Presidential Decree No. 532 (Anti-
Piracy and Anti-Highway Robbery
Law of 1974); and
36. Presidential Decree No. 1866, as
amended (Decree Codifying the
Laws on Illegal and Unlawful
 Possession, Manufacture, Dealing When the victim is killed or dies as a
in, Acquisition or Disposition of consequence of the detention or is
Firearms, Ammunitions or raped, or is subjected to torture or
dehumanizing acts, the maximum
Explosives),
penalty shall be imposed. (As
thereby sowing and creating a amended by R.A. No. 7659)
condition of widespread and
extraordinary fear and panic among Elements of Kidnapping:
the populace, in order to coerce the 1. Offender is a private individual who
government to give in to an unlawful is not any of the parents f the victim
demand (Section 3, RA 9372). nor a female (People vs. Ponce, GR
No. 171653, April 24, 2007);
2. He kidnaps or detains another, or in
TITLE NINE. CRIMES AGAINST
any other manner deprives the latter
PERSONAL LIBERTY AND SECURITY
of his liberty;
(ARTICLE 267292)
3. Act of detention or kidnapping must
be illegal
Article 267. Kidnapping and Serious
4. In the commission of the offense,
Illegal Detention Any private
any of the following circumstances is
individual who shall kidnap or detain
present:
another, or in any other manner
a. The kidnapping or detention
deprive him of his liberty, shall suffer
last more than three (3) days;
the penalty of reclusion perpetua to
b. If it shall have been
death:
committed simulating public
1. If the kidnapping or detention shall
authority;
have lasted more than three (3) days.
c. If any serious physical injuries
2. If it shall have been committed
shall have been inflicted upon
simulating public authority.
the person kidnapped or
3. If any serious physical injuries
detained;
shall have been inflicted upon the
d. If threats to kill shall have
person kidnapped or detained, or if
been made; or
threats to kill him have been made.
e. If the person kidnapped or
4. If the person kidnapped or
detained shall be a minor,
detained shall be a minor, except
female or a public officer
when the accused is any of the
(People vs. Astorga, G.R.
parents, female or a public officer.
No. 1100097, December 22,
1997)
The penalty shall be death penalty
(now reclusion perpetua) where the
Note: Detention for more than 3 days is
kidnapping or detention was
not necessary when any of the other
committed for the purpose of
circumstances is present:
extorting ransom from the victim or
a. The offender simulated public
any other person, even if none of the
authority;
circumstances above-mentioned
b. When serious physical injuries
were present in the commission of
were inflicted on the victim;
the offense.
 c. When the person kidnapped or KIDNAPPING FORCIBLE
detained, was a minor, female or WITH RAPE ABDUCTION WITH
public officer; RAPE
d. When the kidnapping or detention The crime is The crime is
was committed for the purpose of composite (or complex (under
extorting ransom. special complex Article 48) since
crime) if the forcible abduction is
The deprivation means not only the woman kidnapped a necessary means
imprisonment of the person, but also is also raped. to commit rape.
deprivation of his liberty in whatever Lewd design At the outset, there
form and for whatever length of time. came after the is already lewd
The essence of kidnapping is the actual intent to kidnap design
deprivation of the victims liberty, the victim
coupled with indubitable proof of the Rape is not a Rape here is also a
intent of the accused to effect such separate crime crime.
deprivation (People vs. Basao, G.R. but merely a
No. 189820, October 10, 2012). qualifying
circumstance.
If the victim is a minor, the duration of Even if there are If there are multiple
his detention is immaterial (People vs. multiple rapes, rapes, only one
Mamatak, G.R. No. 174659, July 28, there is only one rape shall be
2008). crime. complexed with
forcible abduction,
Where the victim is of tender age, is not thus, the other
necessary that the victim be placed in rapes will be treated
an enclosure. It is enough that his as separate crimes.
freedom to leave the said place is If rape was If rape was merely
restricted (People vs. Jacalne, G.R. merely attempted, attempted, there is
No. 168552, October 3, 2011). 2 separate crimes only forcible
kidnapping and abduction, the
There is no kidnapping with murder, but serious illegal attempt to rape is
only murder, when a 3year old child detention and deemed merely a
was gagged, hidden in a box where he attempted rape. manifestation of
died and a ransom was asked. A lewd designs.
demand for ransom did not convert the
offense into kidnapping with murder. Elements of Kidnapping for Ransom:
The defendant was well aware that the 1. There is intent on the part of the
child would be suffocated to death in a accused to deprive the victim of his
few moments after she left. The demand liberty.
for ransom is only a part of the diabolic 2. That there is actual deprivation of the
scheme of the defendant to murder the victims liberty.
child, to conceal his body and then 3. The motive of the accused is
demand money before the discovery of extorting ransom for the release of the
the cadaver (People vs. Lora, GR No. victim (People vs. Cenahonon, G.R.
49430, March 30, 1982). No. 169962, July 12, 2007).
Ransom money or other fine not exceeding seven hundred
consideration demanded for the release pesos (as amended by R.A. No. 18).
of a captured person or property. Elements:
1. Offender is a private individual;
There should be at least one 2. He kidnaps or detains another, or in
overt act of demanding ransom. It is not any other manner deprives him of his
necessary that there be actual payment liberty;
(People vs. Silongan, G.R. No. 3. The act of kidnapping or detention is
137182, April 24, 2003). illegal; and
4. The crime is committed without the
attendance of any of the
ILLEGAL ARBITRARY circumstances enumerated in Art.
DETENTION DETENTION 267.
Committed by a Committed by a
private individual pubic officer or Liability is mitigated when:
who unlawfully employee who a. Offender voluntarily releases the
kidnaps, detains or detains a person person so kidnapped or detained
otherwise deprives without legal within 3 days from the
a person of liberty. ground. commencement of the detention;
Crime is against Crime against the b. Without having attained the purpose
personal liberty and fundamental law intended; and
security. of the State. c. Before the institution of criminal
proceedings against him.
Article 268. Slight Illegal Detention
The penalty of reclusion temporal Article 269. Unlawful Arrest The
shall be imposed upon any private penalty of arresto mayor and a fine
individual who shall commit the not exceeding 500 pesos shall be
crimes described in the next imposed upon any person who, in
preceding article without the any case other than those authorized
attendance of any of the by law, or without reasonable ground
circumstances enumerated therein. therefor, shall arrest or detain
another for the purpose of delivering
The same penalty shall be incurred him to the proper authorities.
by anyone who shall furnish the Elements:
place for the perpetration of the 1. Offender arrests or detains another
crime. person;
2. The purpose of the offender is to
If the offender shall voluntarily deliver him to the proper authorities;
release the person so kidnapped or and
detained within three days from the 3. The arrest or detention is not
commencement of the detention, authorized by law or there is no
without having attained the purpose reasonable ground therefor.
intended, and before the institution of
criminal proceedings against him, the Other Possible Crimes:
penalty shall be prision mayor in its Arbitrary Detention if committed by a
minimum and medium periods and a public officer.
Forcible Abduction if a woman is
transported from one place to another
by virtue of restraining her of her liberty
and the act is coupled with lewd
designs.
DELAY IN THE UNLAWFUL
DELIVERY OF ARREST
DETAINED
PERSONS
Detention is for some Detention is
legal ground not authorized
by law
Crime is committed by Committed by
failing to deliver such making an
person to the proper arrest not
judicial authority within authorized by
a certain period. law.
Article 270. Kidnapping and Failure to
Return a Minor The penalty of
reclusion perpetua shall be imposed
upon any person who, being
entrusted with the custody of a minor
person, shall deliberately fail to
restore the latter to his parents or
guardians (as amended by R.A. no.
18)
Elements:
1. Offender is entrusted with the
custody of a minor person; and
2. He deliberately fails to restore the
minor to his parents or guardians
(People vs. Bernardo, G.R. No.
144316, March 11, 2002)
Failure to return a minor under Article
270 is necessarily included in
Kidnapping and Serious illegal
Detention of Minor under par. 4 of
Article 267 (People vs. Jo, G.R. No. L-
69236, August 19, 1986)
Article 271. Inducing a Minor to
Abandon His Home The penalty of
prision correccional and a fine not
exceeding seven hundred pesos
shall be imposed upon anyone who
shall induce a minor to abandon the
home of his parents or guardians or
the persons entrusted with his
custody.
If the person committing any of the
crimes covered by the two preceding
articles shall be the father or the
mother of the minor, the penalty shall
be arresto mayor or a fine not
exceeding three hundred pesos, or
both (as amended by R.A no. 18)
The inducement must be actual, with
criminal intent and determined by a will
to cause damage (People vs. Paalam,
GR No. 17411-R, July 11, 1958).
The felony is consummated by the mere
act of inducing a minor to abandon his
home with criminal intent and with a will
to cause damage (People vs. Apolinar,
GR No. 04614, August 10, 1965).
Article 272. Slavery The penalty of
prision mayor and a fine of not
exceeding 10,000 shall be imposed
upon anyone who shall purchase,
sell, kidnap or detain a human being
for the purpose of enslaving him.
If he crime be committed for the
purpose of assigning the offended
party to some immoral traffic, the
penalty shall be imposed in its
maximum period.
Elements:
1. That the offender purchases, sells,
kidnaps or detains a human being;
and
2. That the purpose of the offender is to
enslave such human being.
Circumstances aggravating the penalty: his will, as household servant or farm
if the crime is committed for the purpose laborer.
of assigning the offended party to Elements:
immoral traffic. 1. That the offender compels a debtor
to work for him, either as household
If the victim is female, the crime servant or farm laborer;
committed may be that under Article 341 2. That it is against the debtors will;
or white slave trade. and
3. That the purpose is to require or
Article 273. Exploitation of child labor enforce the payment of debt
The penalty prision correccional in
its minimum and medium periods Note: Creditordebtor relationship
and a fine not exceeding 500 pesos between the offender and the offended
shall be imposed upon anyone who, party must exist, otherwise, the crime
under the pretext of reimbursing committed is coercion
himself of a debt incurred by an
ascendant, guardian or person EXPLOITATION SERVICES
entrusted with the custody of a OF CHILD LABOR RENDERED
minor, shall, against the latters will, UNDER
retain him his service. COMPULSION IN
Elements: PAYMENT OF
1. That the offender retains a minor in DEBT
his service; Victim is a minor Does not
2. That it is against the will of the minor; distinguish
and whether the victim
3. That it is under pretext of is a minor or not
reimbursing himself of a debt Minor is compelled Debtor himself is
incurred by an ascendant, guardian to render services the one compelled
or person entrusted with the custody for the supposed to work for the
of such minor. debt of his parent offender
or guardian
Note: The phrase against the latters Service of minor is Limited to
(minors) will; hence, if the minor not limited to household and
consents to the offenders retaining his household and farm work
services, there is no violation of this farm work
article. If in other
capacities, crime
Article 274. Services rendered under committed may be
compulsion in payment of debts coercion
The penalty of arresto mayor in its
maximum period to prision Article 275. Abandonment of persons
correccional in its minimum period in danger and abandonment of ones
shall be imposed upon any person own victim The penalty of arresto
who, in order to require or enforce mayor shall be imposed upon:
the payment of a debt, shall compel Anyone who shall fail to render
the debtor to work for him, against assistance to any person whom he
shall find in an uninhabited place
wounded or in danger, when he can
render such assistance without
detriment to himself, unless such
omission shall constitute a more
serious offense.
Anyone who shall fail to help or
render assistance to another whom
he has accidentally wounded or
injured.
Anyone who, having found an
abandoned child under sever years
of age, shall fail to deliver said child
to the authorities or to his family, or
shall fail to take him to a safe place.
Punishable Acts:
1. By failing to render assistance to any
person whom the offender finds in an
uninhabited place wounded or in
danger of dying when he can render
such assistance without detriment to
himself, unless such omission shall
constitute a more serious offense
Elements:
a. The accused finds a
person wounded or in
danger of dying.
b. The accused found such
person in an uninhabited
place.
c. The accused can render
assistance without
detriment to himself
d. Such omission to render
assistance does not
constitute a more serious
felony.
e. Failure to help or render
assistance to somebody
whom the accused has
accidentally wounded.
2. By failing to help or render
assistance to another whom the
offender has accidentally wounded
or injured;
Elements:
a. The accused accidentally
wounded or injured
another.
b. He failed to help or render
assistance to his victim.
c. It should be noted here
that the victim has
wounded or injured
another accidentally.
Hence, this provision does
not apply when the injury
was caused deliberately.
3. By failing to deliver a child under
seven years of age whom the
offender has found abandoned, to
the authorities or to his family, or by
failing to take him to a safe place
Elements:
a. The accused finds an
abandoned child.
b. The said abandoned child
is under seven (7) years of
age.
c. The accused failed to
deliver such child to the
authorities or his family or
shall fail to take him to a
safe place.
Article 276. Abandoning a Minor
The penalty of arresto mayor and a
fine not exceeding 500 pesos shall be
imposed upon anyone who shall
abandon a child under seven (7)
years of age, the custody of which is
incumbent upon him.
When the death of the minor shall
result from such abandonment, the
culprit shall be punished by prision
correccional in its medium and
maximum periods; but if the life of
the minor shall have been in danger
only, the penalty shall be prision
correccional in its minimum and
medium periods.
The provisions contained in the two
preceding paragraphs shall not
prevent the imposition of the penalty
provided for the act committed, when
the same shall constitute a more
serious offense.
Elements:
1. The offender has the custody of a
child;
2. A child is under 7 years of age;
3. He abandons such child; and
4. He has no intent to kill the child
when the latter is abandoned.
Qualifying Circumstances: When the
death of the minor shall result from such
abandonment; or If the life of the minor
shall have been in danger because of
the abandonment.
Article 277. Abandonment of a minor
by a person entrusted with his
custody; Indifference of parents
The penalty of arresto mayor and a
fine not exceeding 500 pesos shall be
imposed upon anyone who, having
charge of the rearing or education of
a 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
requires and financial conditions
permit.
Acts punishable:
1. By delivering a minor to a public
institution or other persons without the
consent of the one who entrusted such
minor to the care of the offender, or in
the absence of that one, without the
consent of the proper authorities.
Elements:
a. Offender has charge of the rearing or
education of a minor;
b. He delivers said minor to a public
institution or other persons;
c. The one who entrusted such child to
the offender has not consented to
such act, or if the one who entrusted
such child to the offender is absent,
the proper authorities have not
consented to it.
When the offender is not in charge of
rearing or education of the minor, he
cannot be held liable for Article 277,
par.1 (People vs. Payog, G.R. No. 534,
April 1, 1902)
2. By neglecting his (offenders) children
by not giving them the education which
their station in life requires and financial
condition permits (Indifference of
parents).
Elements:
a. The offender is a parent;
b. He neglects his children by not
giving them education;
c. His station in life requires such
education and his financial condition
permits it.
Failure to give education must be due to
deliberate desire to evade such
obligation.
Obligation to educate children
terminates, if mother and children refuse
without good reason to live with
accused.
ABANDONING A ABANDONMENT
MINOR (Article OF MINOR OR
276) PERSON
 ENTRUSTED WITH
HIS CUSTODY OR
INDIFFERENCE
OF PARENTS
(Article 277)
Custody of the
Custody of the offender is specific,
offender is stated that is, for the
in general. rearing or education
of the minor.
The minor is The minor is under
under 7 years of 18 years of age.
age.
The minor is
delivered to a public
institution or other
The minor is
person without the
abandoned to
consent of the one
deprive him of the
who entrusted such
care and
minor to the
protection that his
offender; or in the
tender years
absence of such,
need.
then the consent of
the Sate through
the DSWD.
Article 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:
By causing any boy or girl less than
16 years of age to perform any
dangerous feat of balancing, physical
strength, or contortion the offender
being any person;
By employing in exhibition of these
kinds children less than 18 years of
age who are not his children or
descendants, when such person is
an acrobat, gymnast, rope-walker,
diver, wild-animal tamer or circus
manager, or engaged in a similar
calling.
Any person engaged in any of the
calling enumerated in the next
preceding paragraph who employs
any descendants of his under 12
years of age in such dangerous
exhibitions.
Any ascendants, guardian, teacher or
person entrusted in any capacity with
the care of a child less than 16 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 a 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 form
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.
Any person who shall induce any
child under 16 years of age to
abandon the home of its ascendants,
guardians, curators, or teachers to
follow any person engaged in any of
the calling mentioned in paragraph 2
hereof, to accompany any habitual
vagrant or beggar.
Acts punishable:
1. By causing any boy or girl less than
16 years of age to perform any
dangerous feat of balancing,
physical strength, or contortion the
offender being any person;
2. By employing in exhibition of these
kinds children less than 18 years of
age who are not his children or
descendants, when such person is
an acrobat, gymnast, rope-walker,
diver, wild-animal tamer or circus
 manager, or engaged in a similar
calling.
3. Any person engaged in any of the
calling enumerated in the next
preceding paragraph who employs
any descendants of his under 12
years of age in such dangerous
exhibitions.
4. Any ascendants, guardian, teacher
or person entrusted in any capacity
with the care of a child less than 16
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.
5. Any person who shall induce any
child under 16 years of age to
abandon the home of its ascendants,
guardians, curators, or teachers to
follow any person engaged in any of
the calling mentioned in paragraph 2
hereof, to accompany any habitual
vagrant or beggar.
INDUCING A not be applicable to any person who
EXPLOITATION OF MINOR TO
MINORS ABANDON HIS
(Article 278, Par. 5) HOME (Article
271)
The purpose in No specified
inducing the minor to purpose is
abandon the home is manifested.
to follow any person
engaged in any of
the callings of being
an acrobat, rope-
walker, etc.
The minor victim is Victim is under
under 16 years of 18 years of age.
age.
In defining children, the law includes
persons less than 18 years of age or
those who cannot take care of
themselves and can be taken advantage
of by others by reason of their age or
mental incapacity.
Article 279. Additional penalties -
The imposition of the penalties
prescribed in the preceding articles,
shall not prevent the imposition upon
the same person of the penalty
provided for any other felonies
defined and punished by this Code.
Article 280. Qualified Trespass to
Dwelling Any private person who
shall enter the dwelling of another
against the latters will shall be
punished by arresto mayor and a fine
not exceeding 1,000 pesos.
If the offense is committed by means
of violence or intimidation, the
penalty shall be prision correccional
in its medium and maximum periods
and a fine not exceeding 1,000 pesos.
The provisions of this article shall
shall enter anothers dwelling for the
purpose of preventing some serious
harm to himself, the occupants of the
dwelling or a third person, 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, inns
and other public houses while the
same are open.
Elements:
1. Offender is a private person;
2. He enters the dwelling of another;
3. The entrance is against the latters
will.
Dwelling is the place of abode where
the offended party resides and which
satisfies the requirements of his
domestic life. It may also include an b. If the purpose is to render some
enclosure, a dependency or a staircase, service to humanity or justice;
or a room occupied by another person c. If the place where the entrance is
as a boarder in the same house. made is a caf, tavern, inn, or
other public house while the
Against the will of the owner It is same is open.
necessary that the entrance should be
against the implied or express Article 281. Other forms of trespass
prohibition of the occupant, and the lack The penalty of arresto menor or a fine
of permission (or consent) should not be not exceeding 200 pesos, or both,
confused with prohibition (People vs. shall be imposed upon any person
De Peralta, G.R. No. 17332, August who shall enter the closed premises
18, 1921). or the fenced estate of another, while
either of them is uninhabited, if the
Prohibition is implied when the offender prohibition to enter be manifest and
enters the dwelling through an opening the trespasser has not secured the
not intended for the entry of persons. permission of the owner or the
caretaker thereof.
In general, all members of a household Elements:
must be presumed to have authority to 1. Offender enters the closed
extend invitation to enter the house premises or the fenced estate of
(U.S. vs. Dulfo, G.R. No. 4133, August another;
10. 1908 2. Entrance is made while either of
Other possible crimes: Violation of them is uninhabited;
Domicile if committed by a public 3. The prohibition to enter is
officer. manifest; and
4. Trespasser has not secured the
If a person was killed after trespass by permission of the owner or
the offender, the following crimes are caretaker thereof.
committed:
a. If there was no intent to kill when TRESPASS TO OTHER FORMS
he enteredseparate crimes of DWELLING OF TRESPASS
homicide or murder and qualified (ARTICLE 280) (ARTICLE 281)
trespass to dwelling Offender is a Offender is any
b. If there was intent to kill when he private person. person.
enteredthe crime of homicide or Offender enters a Offender enters
murder with dwelling as an dwelling house. closed premises or
aggravating circumstance fenced estate.
The place entered Place entered is
Cases where Article 280 do not apply: is inhabited. uninhabited.
a. If the entrance to anothers The act The act constituting
dwelling is for the purpose of constituting the a crime is entering
preventing some serious harm to crime is entering the closed premises
himself, or the occupants of the the dwelling or the fenced estate
dwelling, or a third person; against the will of without securing the
the owner. permission of the
 owner or caretaker.
The prohibition to The prohibition to
enter is express enter must be
or implied. manifest.
Article 282. Grave Threats Any
person who shall threaten another
with the infliction upon the person,
honor or property of the latter or of
his family of any wrong amounting to
a crime, shall suffer:
The penalty next lower in degree than
that prescribed by law for the crime
he threatened to commit, if the
offender shall have made the threat
demanding money or imposing any
other condition, even though not
unlawful, and said offender shall
have attained his purpose. If the
offender shall not have attained his
purpose, the penalty lover by two
degrees shall be imposed.
If the threat be made in writing or
through a middleman, the penalty
shall be imposed in its maximum
period.
The penalty of arresto mayor and a
fine not exceeding 500 pesos, if the
threat shall not have been made
subject to a condition.
Acts Punishable:
1. By threatening; The offender
threatens another person with the
infliction upon the latters family of
any wrong amounting to a crime
(otherwise, light threats) and there is
a demand for money or that any
other condition is imposed, even
though not unlawful and the offender
attains his purpose.
Elements of grave threats where
offender attained his purpose:
a. That the offender threatens
another person with the inflictions
upon the latters person, honor,
or property, or upon that of the
latters family, of any wrong
b. That such wrong amounts to a
crime
c. That the there is demand for
money or that any other condition
is imposed, even though not
unlawful
d. That the offender attains his
purpose
2. By making such threat without the
offender attaining his purpose (with
condition; elements for this act are
the same with first except that the
purpose is not attained)
3. By threatening another with the
infliction upon his person, honor or
property or that of his family of any
wrong amounting to a crime, the
threat not being subject to a
condition (without condition).
It is not necessary that an offended
party was present at the time of the
threat. It is sufficient that the threats
after they had been made came to the
knowledge of the offended party.
Where the objective of the offender is to
commit another crime, and the threat is
only incidental to its commission, the
threat is absorbed by the intended
crime. But if the threat was made with
the deliberate purpose of creating in the
mind of the victim, the belief that the
threat would be carried into effect, the
crime committed is grave threats, and
the minor crime which accompanied it
should be disregarded.
THREATS COERCION ROBBERY 2. The wrong does not constitute a
Purpose is crime;
to compel a 3. There is demand for money or that
person to other condition is impose, even
do a though not unlawful; and
Purpose is 4. The offender has attained or has not
Purpose is particular
to take attained his purpose.
to threaten act against
personal
another his will,
property Note: Blackmail may be punished under
with the whether
belonging Article 283.
infliction of right or
to another,
a wrong wrong, or to
with the The threat to commit a wrong will
amounting prevent him
intention to constitute or not constitute a crime is the
to a crime from doing
gain. distinguishing factor between grave
something
not threats on one hand, and light and other
prohibited light threats on the other (Caluag vs.
by law. People, G.R. No. 171511, March 4,
Desired 2009).
Desired Desired
purpose
purpose purpose Article 284. Bond for good behavior.
does not
immediately immediately In all cases falling within the two
immediately
succeeds. succeeds. next preceding articles, the person
succeed.
Harm Harm Harm making the threats may also be
threatened threatened threatened required to give bail not to molest the
may be in is is person threatened or if he shall fail to
the future. immediate. immediate. give such bail, he shall be sentenced
No intent to No intent to With intent to destierro.
gain. gain. to gain.
Directed on In all cases of grave threats and light
the person threats, the person making the
Directed threats may also be required to give
of the Directed
against the bail not to molest the person
victim, his against
person of threatened.
honor, property.
the victim.
family, or
property. If he shall fail to give such bail not to
molest the person threatened, he
Article 283. Light threats. A threat to shall be sentenced to destierro.
commit a wrong not constituting a crime,
made in the manner expressed in BOND TO KEEP BOND FOR
subdivision 1 of the next preceding THE PEACE GOOD
article, shall be punished by arresto (ARTICLE 35) BEHAVIOR
mayor. (ARTICLE 284)
Provides for bond Provides for bond
Elements: to keep the peace. for good behavior.
1. The offender makes a threat to It is a distinct It is an additional
commit a wrong; penalty common to penalty.
afflictive, by subsequent acts shows that he
correctional, and did not persist in the idea involved in
light penalties. (Art. his threat, provided that the
25, RPC) circumstances of the offense shall
If the offender fails If he shall fail to not bring it within the provision of
to give the bond, give bail, he shall article 282 of this Code.
he shall be be sentenced to Any person who shall orally threaten
detained for a destierro. to do another harm not constituting a
period not felony.
exceeding 6
months (if OTHER
prosecuted for GRAVE LIGHT LIGHT
grave/less grave THREATS THREATS THREAT
felony) or not S
exceeding 30 days The wrong The wrong The
(if prosecution for threatened threatened wrong
light felony) amounts to does not threaten
It is the two (2) It is the accused a crime amount to ed does
sufficient sureties himself who which may a crime but not
(not the accused) undertakes not to or may not is always amount
who undertake that molest the person be accompani to a
the accused shall threatened. accompani ed by a crime
not commit the ed by a condition. and
offense sought to condition. there is
be prevented. no
May be given in May be given only condition
any case that the in cases of grave .
court may threats (Art. 282,
determine RPC) and light Article 286. Grave coercions The
threats (Art. 283, penalty of prision correccional and a
RPC) fine not exceeding six thousand
pesos shall be imposed upon any
Article 285. Other light threats The person who, without any authority of
penalty of arresto menor in its law, shall, by means of violence,
minimum period or a fine not threats or intimidation, prevent
exceeding 200 pesos shall be another from doing something not
imposed upon: prohibited by law, or compel him to
Any person who, without being do something against his will,
included in the provisions of the next whether it be right or wrong.
preceding article, shall threaten
another with a weapon, or draw such If the coercion be committed in
weapon in a quarrel, unless it be in violation of the exercise of the right
lawful self-defense. of suffrage, or for the purpose of
Any person who, in the heat of anger, compelling another to perform any
shall orally threaten another some religious act, or to prevent him from
harm constituting a crime, and who exercising such right or from so
doing such act, the penalty next
higher in degree shall be imposed (as
amended by Republic Act 7890).
Elements of grave coercion:
1. That any person be prevented by
another from doing something not
prohibited by law, or compelled to do
something against his will, be it right
or wrong.
2. That the prevention or compulsion
be effected by violence, material
force or such display of it as would
produce intimidation and control the
will of the offended party; and
3. The person who restrained the will
and the right to do so, or, in other
words, that the restraint shall not be
made under authority of law or in the
exercise of any lawful right.
Ways of committing grave coercion:
1. By preventing another by means of
violence. From doing something not
prohibited by law; or
2. By compelling another by means of
violence to do something against his
will, whether it is right or wrong.
Kinds of Grave Coercion:
Preventive the offender uses violence
to prevent the victim from doing what he
wants to so.
Compulsive the offender uses
violence to compel the offended party to
do what he does not want to do.
The offender must have exerted
violence on his victim at the very
moment that the latter is doing or is
about to do something he wanted to do.
If the offended party had already done
what he wanted to do, and the threat or
intimidation was exerted only after he
has done what he wanted, the crime is
only unjust vexation (People vs.
Madrid, No. 14730-R, October 31,
1965).
Article 287. Light coercions Any
person who, by means of violence, shall
seize anything belonging to his debtor
for the purpose of applying the same to
the payment of the debt, shall suffer the
penalty of arresto mayor in its minimum
period and a fine equivalent to the value
of the thing, but in no case less than 75
pesos.
Any other coercions or unjust vexations
shall be punished by arresto menor or a
fine ranging from 5 to 200 pesos, or
both.
Elements of light coercion:
1. The offender must be a creditor;
2. He seizes anything belonging to his
debtor;
3. The seizure is accomplished either:
by means of violence, or a display of
material force producing intimidation.
4. The purpose is to apply the same to
the payment of the debt.
There is no light coercion where the
accused seized the property of which he
is a co-owner and which was in the
possession of the debtor (U.S. vs.
Caballero, G.R. No. 8608, September
26, 1913).
Unjust Vexation a form of light
coercion which is broad enough to
include any human conduct which,
although not productive of some
physical or material harm, would
unjustly annoy or irritated an innocent
person (Maderazo vs. People, G.R.
No. 165065, September 26, 2006). The
offenders act must have caused
annoyance, irritation, vexation, torment,
distress or disturbance to the mind of
the person whom it is directed. Good mayor and a fine not exceeding 500
faith is a defense in unjust vexation. pesos.

If a creditor, by means of violence, This provision shall not be applicable

seized the personal property of his to parents, guardians, or persons
debtor to apply the same to the payment entrusted with the custody of minors
of the debt, the crime is light coercion with respect to the papers or letters
under Art. 287; but if the same was of the children or minors placed
done through deceit and under their care or custody, nor to
misrepresentation, it is merely unjust spouses with respect to the papers
vexation under 2nd par. of Article 287. or letters of either of them.
Elements:
Article 288. Other Similar Coercion 1. The offender is a private individual or
Compulsory purchase of even a public officer not in the
Merchandise & Payment of Wages by exercise of his official functions;
Means of Tokens 2. He seizes the letters or papers of
another;
Article 288 has been repealed by 3. Purpose of such seizure is to
Articles 102 and 112 of the Labor Code, discover the secrets of another
as amended. person; and
4. Offender is informed of the contents
Article 289: Formation, maintenance of the letters seized.
and prohibition of combination of
capital or labor through violence or Qualifying Circumstance: Offender
threats reveals the contents of such paper or
letter of another to another person.
Article 289 has been repealed by Article
248 (unfair labor practices of employers) PUBLIC SEIZURE OF
and Article 249 (unfair labor practices of OFFICER CORRESPONDENCE
labor organizations of the Labor Code, REVEALING
as amended. SECRETS OF
PRIVATE
Article 290. Discovering secrets INDIVIDUAL
through seizure of correspondence Public officer Private individual
The penalty of prision correccional in comes to seizes the papers or
its minimum and medium periods know the letters of another
and a fine not exceeding 500 pesos secret of any
shall be imposed upon any private private
individual who, in order to discover individual by
secrets of another, shall seize his reason of this
papers or letters and reveal the office
contents thereof. The secret is It is necessary that the
not offender seizes the
If the offender shall not reveal such necessarily papers of letters of
secrets, the penalty shall be arresto contained in another to discover the
papers or secret of the latter
letters
Act punished Act punished is the
is the seizure of
revelation of correspondence so as
secrets by the to discover the secrets
officer by of the offended party
reason of his
office
Article 291. Revealing secrets with
abuse of office The penalty of
arresto mayor and a fine not
exceeding 500 pesos shall be
imposed upon any manager,
employee, or servant who, in such
capacity shall learn the secrets of his
principal or master and shall reveal
such secrets.
Secrets must be learned by reason of
their employment. Damage is not an
essential element of the crime
Article 292. Revelation of industrial
secrets The penalty of prision
correccional in its minimum and
medium periods and a fine not
exceeding 500 pesos shall be
imposed upon the person in charge,
employee or workman of any
manufacturing or industrial
establishment who, to the prejudice
of the owner thereof, shall reveal the
secrets of the industry of the latter.
Elements:
1. The offender is an employee or
workman of a manufacturing or
industrial establishment.
2. The manufacturing or industrial
establishment has a secret of the
industry which the offender has
learned.
3. The offender reveals said secrets.
4. Prejudice is caused to the owner.
Secrets must relate to manufacturing
process. Prejudice is an essential
element in this offense Article 292 says
to the prejudice of the owner thereof.
Republic Act No. 4200 AN ACT TO
PROHIBIT AND PENALIZE WIRE
TAPPING AND OTHER RELATED
VIOLATIONS OF THE PRIVACY OF
COMMUNICATION, AND FOR OTHER
PURPOSES
Punishable Acts
1. 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 (Section 1, RA
4200);
2. 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, (a) 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 (b)
to replay the same for any other
person or persons; or (c) to
communicate the contents thereof,
either verbally or in writing, or to
 furnish transcriptions thereof,
whether complete or partial, to any
other person (Ibid).
3. Any person who wilfully 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 (Section 2, Ibid);
Note: If the offender is an alien he
shall be subject to deportation
proceedings (Ibid).
Exception Not 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
(Section 3, Ibid).
The written order shall only be issued or
granted:
1. Upon written application and the
examination under oath or
affirmation of the applicant and the
witnesses he may produce;
2. A showing 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;
Note: 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 upon prior proof that a
rebellion or acts of sedition, as the
case may be, have actually been or
are being committed.
3. 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
4. That there are no other means
readily available for obtaining such
evidence (Ibid).
The written order of the Court 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;
4. The period of the authorization.
Note: 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 (Ibid).
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, quasi-judicial, legislative or
administrative hearing or investigation
(Section 4, Ibid).
Surveillance of Suspects and
Interception and Recording of
Communications The provisions of
Republic Act No. 4200 (Anti-wire
Tapping Law) to the contrary
notwithstanding, a police or law
enforcement official and the members of
his team MAY, upon a written order of
the Court of Appeals, listen to,
intercept and record, with the use of any
mode, form, kind or type of electronic or
other surveillance equipment or
intercepting and tracking devices, or
with the use of any other suitable ways
and means for that purpose, any
communication, message, conversation,
discussion, or spoken or written words
between members of a judicially
declared and outlawed terrorist
organization, association, or group of
persons or of any person charged with
or suspected of the crime of terrorism or
conspiracy to commit terrorism.
Provided, That surveillance,
interception and recording of
communications between (a) lawyers
and clients, (b) doctors and patients, (c)
journalists and their sources and (d)
confidential business correspondence
shall NOT BE AUTHORIZED (Section
7, RA 9372).
Restriction on Travel in cases where
evidence of guilt is not strong, and the
person charged with the crime of
terrorism or conspiracy to commit
terrorism is entitled to bail and is
granted the same, the court, upon
application by the prosecutor, shall limit
the right of travel of the accused to (a)
within the municipality or city where he
resides or where the case is pending, in
the interest of national security and
public safety, consistent with Article III,
Section 6 of the Constitution; (b) he or
she may also be placed under house
arrest by order of the court at his or her
usual place of residence (Section 26,
Ibid).
Judicial Authorization Required to
Examine Bank Deposits, Accounts,
and Records The provisions of
Republic Act No. 1405 as amended, to
the contrary notwithstanding, the
Justices of the Court of Appeals
designated as a special court to handle
anti-terrorism cases after satisfying
themselves of the existence of probable
cause in a hearing called for that
purpose that (a) a person charged with
or suspected of the crime of terrorism or
conspiracy to commit terrorism, (b) of a
judicially declared and outlawed terrorist
organization, association, or group of
persons, and (c) of a member of such
judicially declared and outlawed
organization, association, or group of
persons
The special court may authorize in
writing any police or law enforcement
officer and the members of his/her team
duly authorized in writing by the anti-
terrorism council to: (a) examine, or
cause the examination of, the deposits,
placements, trust accounts, assets and
records in a bank or financial institution;
and (b) gather or cause the gathering of
any relevant information about such
deposits, placements, trust accounts,
assets, and records from a bank or
financial institution xxx (Section 27,
Ibid).
Application to Examine Bank
Deposits, Accounts, and Records
This shall be granted only be granted by
the authorizing division of the Court of
Appeals:
(a) Upon an ex parte application to that
effect of a police or of a law
enforcement official;
(b) That the said official is duly
authorized in writing by the Anti-
Terrorism Council to file such
application; and
(c) Upon examination under oath or
affirmation of the applicant and the
witnesses he may produce to establish
the facts that will justify the need and
urgency of examining and freezing the
bank deposits, placements, trust
accounts, assets, and records (Section
28, Ibid)
Classification and Contents of the
Court Order Authorizing the
Examination of Bank Deposits,
Accounts, and Records The written
order granted by the authorizing division
of the Court of Appeals as well as its
order, if any, to extend or renew the
same, the original ex parte application of
the applicant, including his ex parte
application to extend or renew, if any,
and the written authorizations of the Anti
Terrorism Council, shall be deemed and
are hereby declared as classified
information (Section 29, Ibid).
Effective Period of Court
Authorization to Examine and Obtain
Information on Bank Deposits,
Accounts, and Records It shall be
effective for the length of time specified
in the written order of the authorizing
division of the Court of Appeals, which
shall not exceed a period of thirty
(30) days from the date of receipt of
the written order of the authorizing
division of the Court of Appeals by the
applicant police or law enforcement
official.
The authorizing division of the
Court of Appeals may extend or renew
the said authorization for another period,
which shall not exceed thirty (30) days
renewable to another thirty (30) days
from the expiration of the original
period, provided that the authorizing
division of the Court of Appeals is
satisfied that such extension or
renewal is in the public interest, and
provided further that the application for
extension or renewal, which must be
filed by the original applicant, has
been duly authorized in writing by the
Anti-Terrorism Council.
In case of death of the original
applicant or in case he is physically
disabled to file the application for
extension or renewal, the one next in
rank to the original applicant among
the members of the team named in
the original written order of the
authorizing division of the Court of
Appeals shall file the application for
extension or renewal: Provided, That,
without prejudice to the liability of the
police or law enforcement personnel
under Section 19 hereof, the applicant
police or law enforcement official shall
have thirty (30) days after the
termination of the period granted by the
Court of Appeals as provided in the
preceding paragraphs within which to
file the appropriate case before the
Public Prosecutors Office for any
violation of this Act.
If no case is filed within the thirty (30)-
day period, the applicant police or law
enforcement official shall immediately
notify in writing the person subject of the
bank examination and freezing of bank
deposits, placements, trust accounts,
assets and records (Section 30, Ibid).
Custody of Bank Data and
Information Obtained after
Examination of Deposits,
Placements, Trust Accounts, Assets
and Records All data obtained from
the examination of the bank deposits,
placements, trust accounts, assets and
records, shall within forty-eight (48)
hours after the expiration of the period
fixed in the written order of the
authorizing division of the Court of
Appeals or within forty-eight (48) hours
after the expiration of the extension or
renewal granted by the authorizing
division of the Court of Appeals, be
deposited with the authorizing division of
the Court of Appeals in a sealed
envelope or sealed package, as the
case may be, and shall be accompanied
by a joint affidavit of the applicant police
or law enforcement official and the
persons who actually conducted the
examination of said bank deposits,
placements, trust accounts, assets and
records (Section 31, Ibid).
Disposition of Bank Materials The
sealed envelope or sealed package and
the contents thereof, which are
deposited with the authorizing division of
the Court of Appeals, shall be deemed
and are hereby declared classified
information, and the sealed envelope or
sealed package shall NOT be opened
and its contents shall NOT be divulged,
revealed, read, or used as evidence
UNLESS authorized in a written order of
the authorizing division of the Court of
Appeals, which written order shall be
granted only upon a written application
of the Department of Justice filed before
the authorizing division of the Court of
Appeals and only upon a showing that
the Department of Justice has been duly
authorized in writing by the Anti-
Terrorism Council to file the application,
with notice in writing to the party
concerned not later than three (3) days
before the scheduled opening, to open,
reveal, divulge, and use the contents of
the sealed envelope or sealed package
as evidence (Section 33, Ibid).
Application to Open Deposited Bank
Materials The written application, with
notice in writing to the party concerned
not later than three (3) days of the
scheduled opening, to open the sealed
envelope or sealed package shall
clearly state the purpose and reason: (a)
for opening the sealed envelope or
sealed package; (b) for revealing and
disclosing its classified contents; and,
(c) for using the classified information,
data, excerpts, summaries, notes,
memoranda, working sheets, reports,
and documents as evidence (Section
34, Ibid).
Evidentiary Value of Deposited Bank
Materials Any information obtained
shall absolutely not be admissible and
usable as evidence against anybody in
any judicial, quasi-judicial, legislative, or
administrative investigation, inquiry,
proceeding, or hearing (Section 35,
Ibid).
Republic Act No. 9208 AN ACT TO
INSTITUTE POLICIES TO ELIMINATE
TRAFFICKING IN PERSONS
ESPECIALLY WOMEN AND
CHILDREN, ESTABLISHING THE
NECESSARY INSTITUTIONAL
MECHANISMS FOR THE
PROTECTION AND SUPPORT OF
TRAFFICKED PERSONS, PROVIDING
PENALTIES FOR ITS VIOLATIONS,
AND FOR OTHER (or commonly known
as ANTI TRAFFICKING ACT)
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 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. It also includes recruitment,
transportation, transfer, harbouring or
receipt of a child for the purpose of
exploitation (Section 3[a], RA 9208).
Punishable Acts
1. Acts of Trafficking in Persons -
it shall be unlawful for any
person, natural or juridical, to
commit any of the following acts:
(a) To recruit, transport, transfer;
harbor, provide, or receive a
person by any means, including
those done under the pretext of
domestic or overseas
employment or training or
apprenticeship, for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt
bondage;
(b) To introduce or match for
money, profit, or material,
economic or other consideration,
any person or, as provided for
under Republic Act No. 6955, any
Filipino woman to a foreign
national, for marriage for the
purpose of acquiring, buying,
offering, selling or trading him/her
to engage in prostitution,
pornography, sexual exploitation,
forced labor, slavery, involuntary
servitude or debt bondage;
(c) To offer or contract marriage,
real or simulated, for the purpose
of acquiring, buying, offering,
selling, or trading them to engage
in prostitution, pornography,
sexual exploitation, forced labor
or slavery, involuntary servitude
or debt bondage;
(d) To undertake or organize
tours and travel plans consisting
of tourism packages or activities
for the purpose of utilizing and
offering persons for prostitution,
pornography or sexual
exploitation;
(e) To maintain or hire a person
to engage in prostitution or
pornography;
(f) To adopt or facilitate the
adoption of persons for the
purpose of prostitution,
pornography, sexual exploitation,
forced labor, slavery, involuntary
servitude or debt bondage;
(g) To recruit, hire, adopt,
transport or abduct a person, by
means of threat or use of force,
fraud, deceit, violence, coercion,
or intimidation for the purpose of
removal or sale of organs of said
person; and
(h) To recruit, transport or adopt
a child to engage in armed
activities in the Philippines or
abroad (Section 4, Ibid).
2. Acts that Promote Trafficking
in Persons - The following acts
which promote or facilitate
trafficking in persons, shall be
unlawful:
(a) To knowingly lease or
sublease, use or allow to be used
any house, building or
establishment for the purpose of
promoting trafficking in persons;
(b) To produce, print and issue or the purpose of promoting
distribute unissued, tampered or trafficking in persons;
fake counseling certificates, (f) To confiscate, conceal, or
registration stickers and destroy the passport, travel
certificates of any government documents, or personal
agency which issues these documents or belongings of
certificates and stickers as proof trafficked persons in furtherance
of compliance with government of trafficking or to prevent them
regulatory and pre-departure from leaving the country or
requirements for the purpose of seeking redress from the
promoting trafficking in persons; government or appropriate
(c) To advertise, publish, print, agencies; and
broadcast or distribute, or cause (g) To knowingly benefit from,
the advertisement, publication, financial or otherwise, or make
printing, broadcasting or use of, the labor or services of a
distribution by any means, person held to a condition of
including the use of information involuntary servitude, forced
technology and the internet, of labor, or slavery (Section 5,
any brochure, flyer, or any Ibid)..
propaganda material that 3. Qualified Trafficking in
promotes trafficking in persons; Persons - The following are
(d) To assist in the conduct of considered as qualified
misrepresentation or fraud for trafficking:
purposes of facilitating the (a) When the trafficked person is
acquisition of clearances and a child;
necessary exit documents from (b) When the adoption is effected
government agencies that are through Republic Act No. 8043,
mandated to provide pre- otherwise known as the "Inter-
departure registration and Country Adoption Act of 1995"
services for departing persons for and said adoption is for the
the purpose of promoting purpose of prostitution,
trafficking in persons; pornography, sexual exploitation,
(e) To facilitate, assist or help in forced labor, slavery, involuntary
the exit and entry of persons servitude or debt bondage;
from/to the country at (c) When the crime is committed
international and local airports, by a syndicate, or in large scale.
territorial boundaries and Trafficking is deemed committed
seaports who are in possession by a syndicate if carried out by a
of unissued, tampered or group of three (3) or more
fraudulent travel documents for persons conspiring or
 confederating with one another. It
is deemed committed in large
scale if committed against three
(3) or more persons, individually
or as a group;
(d) When the offender is an
ascendant, parent, sibling,
guardian or a person who
exercises authority over the
trafficked person or when the
offense is committed by a public
officer or employee;
(e) When the trafficked person is
recruited to engage in prostitution
with any member of the military
or law enforcement agencies;
(f) When the offender is a
member of the military or law
enforcement agencies; and
(g) When by reason or on
occasion of the act of trafficking
in persons, the offended party
dies, becomes insane, suffers
mutilation or is afflicted with
Human Immunodeficiency Virus
(HIV) or the Acquired Immune
Deficiency Syndrome (AIDS)
(Section 6, Ibid).
4. Breach of confidentiality - In
cases when prosecution or trial is
conducted behind closed-doors, it
shall be unlawful for any editor,
publisher, and reporter or
columnist in case of printed
materials, announcer or producer
in case of television and radio,
producer and director of a film in
case of the movie industry, or any
person utilizing tri-media facilities
or information technology to
cause publicity of any case of
trafficking in persons (Section 7,
Ibid); and
5. Use of Trafficked Persons - Any
person who buys or engages the
services of trafficked persons for
prostitution (Section 11, Ibid).
TITLE TEN. CRIMES AGAINST
PROPERTY (ARTICLES 293332)
Article 293. Who are guilty of
robbery. Any person who, with
intent to gain, shall take any personal
property belonging to another, by
means of violence or intimidation of
any person, or using force upon
anything shall be guilty of robbery.
Elements of Robbery in general:
1. That there be personal property
belonging to another;
2. That there is unlawful taking of that
property;
3. That the taking is with intent to gain;
and
4. That there is violence against or
intimidation of any person or force
upon anything.
Classification of robbery:
Robbery with violence against, or
intimidation of persons (Art. 294, 297
and 298)
Robbery by the use of force upon things
(Art. 299 to 302)
Taking or asportacion Depriving
the offended party of ownership of the
thing taken, even just an instant (People
vs. Gavina, G.R. No. 118076)
Property taken must be personal
property, for if real property is occupied
or real right is usurped by means of
violence against or intimidation of
persons, the crime is usurpation. If PERSONS
possession of real property is taken by
means of violence and intimidation, the Based upon the Based upon
crime is occupation of real property gravity of the the value of the
under Article 312. When the thing taken violence or thing taken.
is a motor vehicle, then the crime is intimidation
carnapping, penalized under R.A. No. committed.
6539. If the thing taken is large cattle, The value of the The value of
then the crime committed is cattle personal property the property is
rustling. is immaterial. material

Classification of personal property under In cases of joyride, there is taking as

the Civil Code does not apply. The test
is whether or not the object is
susceptible of appropriation and
transportation.
Belonging to another In robbery, it is against or intimidation of persons -
not necessary that the person unlawfully
divested of the personal property be the
owner thereof. Actual possession of the
property by the person dispossessed is
sufficient. It has been held that robbery
may be committed against a bailee or a
person who himself has stolen it
(People vs. Gavina, G.R. No. 118076,
November 20, 1996)
Intent to Gain or Animus Lucrandi is mutilation or arson.
an internal act which can be established
through the overt acts of the offender
(Ibid). Absence of intent to gain will
make the taking grave coercion.
Robbery with violence against or
intimidation of persons is deemed more
serious than robbery with force upon
things since there is greater disturbance
to the order of society and the security
of the individual (Manahan vs. People,
G.R. No. 47899, September 30, 1942)
ROBBERY WITH ROBBERY BY
VIOLENCE THE USE
AGAINST, OR FORCE UPON
INTIMIDATION OF THINGS
long as you have the thing in your hand,
or as long as the possession of the
owner is disturbed even if temporarily.
Article 294. Robbery with violence
Penalties. - Any person guilty of
robbery with the use of violence
against or intimidation of any person
shall suffer:
1. The penalty of reclusion perpetua
to death, 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
2. The penalty of reclusion temporal
in its medium period to reclusion
perpetua, when or if by reason or on
occasion of such robbery, any of the
physical injuries penalized in
subdivision I of Article 263 shall have
been inflicted.
3. The penalty of reclusion temporal,
when by reason or on occasion of the
robbery, any of the physical injuries
penalized in subdivision 2 of the
article mentioned in the next
preceding paragraph, shall have been
inflicted.
4. The penalty of prision mayor in its
maximum period to reclusion
temporal in its medium period, if the
violence or intimidation employed in
the commission of the robbery shall
have been carried to a degree clearly
unnecessary for the commission of
the crime, or when in the course of
its execution, the offender shall have
inflicted upon any person not
responsible for its commission any
of the physical injuries covered by
subdivisions 3 and 4 of said Article
263.
5. The penalty of prision correccional
in its maximum period to prision
mayor in its medium period in other
cases.
Paragraphs 1-5 of Article 294 are single,
special and indivisible felonies, not
complex crimes as defined under Article
48 of the Revised Penal Code (People
vs. Alfeche, G.R. No. 102070, July 23,
1992).
Elements of robbery with violence
against or intimidation of persons:
1. That there be personal property
belonging to another;
2. That there is unlawful taking of that
property;
3. That the taking must be with intent to
gain;
4. That there is violence against or
intimidation of any person or use of
force upon things.
Robbery with homicide
Robbery with homicide is a crime
against property and not against
persons. Homicide is a mere incident of
the robbery, the latter being the main
purpose and object of the criminal
(People Cabiles, G.R. No. 113785,
September 14, 1995).
Homicide is used in its generic sense
and includes any kind of killing, whether
parricide and murder or infanticide
where several persons are killed and the
name of this special complex crime shall
remain as robbery with homicide. The
qualifying circumstance (e.g. treachery
in murder) will only become generic
aggravating circumstances (People vs.
Aspalin, G.R. No. L-14623, December
29, 1960).
The homicides or murders and physical
injuries, irrespective of their numbers,
committed on the occasion or by reason
of the robbery are merged in the
composite crime of robbery with
homicide. The other slain victims could
only be appreciated as generic
aggravating circumstances (People vs.
Pacapac, G.R. No. 90623, September
7, 1995)
If another robber is killed by his
companion it is still robbery with
homicide.
It is not necessary to identify who
among the conspirators inflicted the fatal
wound on the victim. Once homicide is
committed by reason or on the occasion
of the robbery, the crime committed is
robbery with homicide (People vs.
Sonia, G.R. No. 178540, June 27,
2008)
The homicide must have a direct
relation to the robbery, regardless
whether the latter takes place before or
after the killing (People vs. Comiling,
G.R. No. 140405, March 4, 2004).
If the original design does not
comprehend robbery, but the robbery
follows the homicide either as an
afterthought or merely as an incident of
homicide, then the malefactor is guilty of
two separate crimes: murder or
homicide, as the case may be and
robbery (People vs. Daniela, G.R. No. Paragraph 5 of this Article is known as
139230, April 24, 2003). such because they only involve slight or
less serious physical injuries, which are
Robbery with rape absorbed in the crime of robbery as
The offender must have the intent to element thereof.
take the personal property belonging to
another with intent to gain and such ROBBERY WITH GRAVE
intent must precede the rape (People VIOLENCE COERCION
vs. Cruz, G.R. No. 101844, November Violence used by Violence used by
18, 1991). the offender the offender.
There is intent to No intent to gain
If the original plan was to rape the victim gain. but to compel
and after the commission of the same another to do
also committed robbery when the something against
opportunity presented itself, the his will.
offenses should be viewed as separate
and distinct (People vs. Candelario, THREATS TO ROBBERY THRU
G.R. No. 125550, July 28, 1991). EXTORT MONEY INTIMIDATION
Intimidation is Intimidation is
All the robbers may be held liable for conditional or actual and
robbery with rape even if not all of them future immediate
committed the crime of rape based on Intimidation may Intimidation is
the concept of conspiracy (People vs. be through an personal
Balacanao, GR No. 118133, February intermediary
28, 2003). Intimidation may Intimidation is
refer to person, directed only to the
Robbery with arson honor or property person of the victim
In this case, it is essential that the of the offended
robbery precedes the arson. There must party or his family.
be an intent to commit robbery and no The gain of the The gain of the
killing, rape or intentional mutilation culprit is not culprit is immediate
should be committed in the course of immediate
the robbery, or else, arson will only be
considered as aggravating circumstance Article 295. Robbery with physical
of the crime actually committed. injuries, committed in an uninhabited
place and by a band, or with the use
Robbery with serious physical of firearm on a street, road or alley - If
injuries the offense mentioned in subdivision
When only slight physical injuries or less three, four, and five of the next
serious physical injuries were inflicted, preceding article shall have been
the accused is liable for simple robbery committed in an uninhabited place or
under paragraph 5 of Article 294 by a band, or by attacking a moving
(Ocampo vs. People, G.R. No. 163705, train, street car, motor vehicle or
July 30, 2007) airship, or by entering the
passengers compartments in a train
Simple robbery or, in any manner, 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, the offender shall be
punished by the maximum period of
the proper penalties.
When is Nos. 3, 4, and 5 of Article 294
if committed:
1. In an uninhabited place;
2. By a band (at least 4 armed
malefactors);
3. By attacking a moving train, street
car, motor vehicle or airship;
4. By entering the passengers
compartments on a train, or in any
manner, taking the passengers
thereof by surprise in the respective
conveyances; or
5. On a street, road, highway, or alley,
and the intimidation is made with the
use of firearms.
Article 295 applies only when the
offenses described in subdivisions 3, 4
and 5 of Article 294 are committed by a
band. If robbery with violence against or
intimidation is committed under
subdivision 1 and 2, band shall be
considered only as a generic
aggravating circumstance (People vs.
Apduhan, G.R. No. L-19491, August
30, 1968).
Article 296. Definition of a band and
penalty incurred by the members
thereof -When more than three armed
malefactors take part in the
commission of a robbery, it shall be
deemed to have been committed by a
band. When any of the arms used in
the commission of the offense be an
unlicensed firearm, the penalty to be
imposed upon all the malefactors
shall be the maximum of the
corresponding penalty provided by
law, without prejudice of the criminal
liability for illegal possession of such
unlicensed firearms.
Any member of a band who is
present at the commission of a
robbery by the band, shall be
punished as principal of any of the
assaults, committed by the band,
unless it be shown that he attempted
to prevent the same.
Band when more than three armed
malefactors take part in the commission
of a robbery (People vs. Lumiwan,
G.R. Nos. 122753-56, September 7,
1998).
Requisites for liability for the acts of
other members of the band:
1. He is a member of the band;
2. Present at the commission of
robbery by that band;
3. Other members committed assault;
and
4. He did not attempt to prevent the
assault.
Article 297. Attempted and frustrated
robbery committed under certain
circumstances - When by reason or
on occasion of an attempted or
frustrated robbery a homicide is
committed, the person guilty of such
offenses shall be punished by
reclusion temporal in its maximum
period to reclusion perpetua, unless
the homicide committed shall
deserve a higher penalty under the
provisions of this Code.
If physical injuries were inflicted on
the victim, but no intent to kill was
proved and the victim did not die, the
liability of the offender may be as
follows:
1. If the physical injuries were by
reason of the attempted or frustrated
robbery as the means for the
commission of the latter, the injuries
are absorbed by the latter and the
crime shall only be attempted or
frustrated robbery;
2. If the physical injuries were inflicted
only on the occasion of the aborted
robbery but not employed as a
means of committing the latter these
will be separate crimes of attempted
or frustrated robbery and physical
injuries.
3. If both killing and physical injuries
were committed on that occasion,
the crime will be penalized in
accordance with Article 297 but the
physical injuries will be absorbed.
Article 298. Execution of deeds by
means of violence or intimidation.
Any person who, with intent to
defraud another, by means of
violence or intimidation, shall compel
him to sign, execute or deliver any
public instrument or documents,
shall be held guilty of robbery and
punished by the penalties
respectively prescribed in this
Chapter.
Elements:
1. The offender has intent to defraud
another;
2. The offender compels him to sign,
execute or deliver any instrument or
documents;
3. The compulsion is by means of
violence or intimidation.
Article 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, shall be punished by
reclusion temporal, if the value of the
property taken shall exceed 250
pesos, and 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, and the value of the
property taken exceeds 250 pesos,
the penalty next lower in degree shall
be imposed.
The same rule shall be applied
when the offenders are armed, but
the value of the property taken does
not exceed 250 pesos.
When said offenders do not carry
arms and the value of the property
taken does not exceed 250 pesos,
they shall suffer the penalty
prescribed in the two next preceding
paragraphs, in its minimum period.
 If the robbery be committed in
one of the dependencies of an
inhabited house, public building, or
building dedicated to religious
worship, the penalties next lower in
degree than those prescribed in this
article shall be imposed.
Article 300: Robbery in an uninhabited
place and by a band - The robbery
mentioned in the next preceding article,
if committed in an uninhabited place and
by a band, shall be punished by the
maximum period of the penalty provided
therefor.
Uninhabited Place is one where
there are no houses at all, or a
considerable distance from town, or
where the house are scattered at a
great distance from each other (People
vs. Asibar, G.R. No. L-37255, October
23, 1982).
Article 301. What is an inhabited
house, public building, or building
dedicated to religious worship and
their dependencies
Inhabited House means any shelter,
ship or vessel constituting the
dwelling of one or more persons,
even though the inhabitants thereof
shall temporarily be absent therefrom
when the robbery is committed.
All interior courts, corrals,
waterhouses, granaries, barns,
coach-houses, stables or other
departments or enclosed places
contiguous to the building or edifice,
having an interior entrance
connected therewith, and which form
part of the whole, shall be deemed
dependencies of an inhabited house,
public building or building dedicated
to religious worship.
Orchards and other lands used for
cultivation or production are not
included in the terms of the next
preceding paragraph, even if closed,
contiguous to the building and
having direct connection therewith.
The term public building includes
every building owned by the
Government or belonging to a private
person not included used or rented
by the Government although
temporarily unoccupied by the same.
Requisites of Dependencies:
1. Must be contiguous to the building or
edifice;
2. Must have an interior entrance
connected therewith; and
3. Must form part of the whole.
Orchards and other lands used for
cultivation or production, even if closed,
contiguous to the building and having
direct connection therewith, are not
dependencies.
Article 302. Robbery in an
uninhabited place or in a private
building - Any robbery committed in
an uninhabited place or in a building
other than those mentioned in the
first paragraph of Art. 299, if the
value of the property taken exceeds
250 pesos, shall be punished by
prision correctional if any of the
following circumstances is present:
a. If the entrance has been
effected through any opening
not intended for entrance or
egress.
 b. If any wall, roof, flour or
outside door or window has
been broken.
c. If the entrance has been
effected through the use of
false keys, picklocks or other
similar tools.
d. If any dorm, wardrobe, chest or
by sealed or closed furniture or
receptacle has been broken.
e. If any closed or sealed
receptacle, as mentioned in the
preceding paragraph, has been
removed even if the same to
broken open elsewhere.
When the value of the property takes
does not exceed 250 pesos, the
penalty next lower in degree shall be
imposed.
In the cases specified in Articles 294,
295, 297, 299, 300 and 302 of this
Code, when the property taken is
mail matter or large cattle, the
offender shall suffer the penalties
next higher in degree than those
provided in said articles (as amended
by C.A. No. 417).
Elements:
1. Offender entered an uninhabited
place or a building which was not a
dwelling house, public building, or an
edifice devoted to religious worship.
2. Any of the following circumstances
are present:
a. If the entrance has been effected
through any opening not intended
for entrance or egress.
b. If any wall, roof, flour or outside
door or window has been broken.
c. If the entrance has been effected
through the use of false keys,
picklocks or other similar tools.
d. If any door, wardrobe, chest or by
sealed or closed furniture or
receptacle has been broken.
e. If any closed or sealed receptacle
was removed, even if the same
be broken open elsewhere
While Art. 302, provides for robbery in
an uninhabited place. It actually means
an uninhabited house.
When the property taken is a mail
matter during any of the robbery defined
in Arts. 294, 295, 297, 299, 300 and
302, the penalties next higher in degree
than those provided in said article shall
be imposed.
Article 303 Robbery of cereals,
fruits, or firewood in an uninhabited
place or private building - In the
cases enumerated in Articles 299 and
302, when the robbery consist in the
taking of cereals, fruits, or firewood,
the culprit shall suffer the penalty
next lower in degree that that
prescribed in said articles.
Article 304. Possession of picklocks
or similar tools - Any person who
shall without lawful cause have in his
possession picklocks or similar tools
especially adopted to the
commission of the crime of robbery,
shall be punished by arresto mayor
in its maximum period to prision
correccional in its minimum period.
The same penalty shall be imposed
upon any person who shall make
such tools. If the offender be a
locksmith, he shall suffer the penalty
of prision correccional in its medium
and maximum periods.
Elements:
1. Offender has in his possession
picklocks or similar tools;
2. Such tools are especially adopted for
the commission of the crime of
robbery;
3. The offender does not have lawful
cause for such possession.
Actual use of picklocks or similar tools,
not necessary in illegal possession
thereof.
Article 304. False keys - The term
false keys shall be deemed to
include:
1. The tools mentioned in the next
preceding articles;
2. Genuine keys stolen from the
owner;
3. Any keys other than those
intended by the owner for use in
the lock forcibly opened by the
offender.
which case, they shall suffer such
high penalties.
If any of the arms carried by any of
said persons be an unlicensed
firearm, it shall be presumed that
said persons are highway robbers or
brigands, and in case of convictions
the penalty shall be imposed in the
maximum period.
Elements:
1. There are at least 4 armed persons;
2. They formed a band of robbers; and,
3. The purpose is any of the following:
a. Commit robbery in the
highway
b. Kidnap persons for the
purpose of extortion or to
obtain ransom; or
c. For any other purpose to be
attained by means of force
and violence.

A master key is a picklock and its Brigandage Robbery in

possession is punishable (People vs. band
Lopez, GR No. L18766, May 20, Purpose is to: Only to commit
1995). Commit robbery in robbery, and not
highway; necessarily in the
Article 306. Brigandage - When more Kidnappers for highway.
than three armed persons form a ransom; Other
band of robbers for the purpose of purpose to be
committing robbery in the highway, attained by means
or kidnapping persons for the of force or violence.
purpose of extortion or to obtain Agreement is to Only a particular
ransom or for any other purpose to commit several robbery.
be attained by means of force and robbers.
violence, they shall be deemed Mere formation is Actual
highway robbers or brigands. punished. commission of
robbery is
Persons found guilty of this offense necessary.
shall be punished by prision mayor in
its medium period to reclusion Brigandage (Article PD 532
temporal in its minimum period if the 306)
act or acts committed by them are Mere formation of Mere conspiracy
not punishable by higher penalties, in band is punishable. to constitute the
 offense or 2. Offender knows the band to be
brigandage is not brigands; and
punishable 3. Offender does any of the following
(presupposes acts:
that acts defined a. In any manner aids, abets or
are actually protects a band of brigands;
committed) b. Gives them information of the
Offenders must be a Offenders need movements of the police or
band of robbers not constitute a other peace officers of the
(there are more than band. One government; or
three armed person can c. Acquires or receives the
malefactors) commit the crime property taken by such
There is a Anybody could brigands.
preconceived victim be the victim
That the robbery Must not be an It shall be presumed that the person
was committed for isolated case of performing any of the acts provided in
the first time is robbery this article has performed them
immaterial knowingly, unless the contrary is
Those who profit Those who abet proven.
from the loot are brigandage are Article 308. Who are liable for theft -
liable under Aricle accomplices are Theft is committed by any person
307 or Aiding and accomplice under who, with intent to gain but without
abetting a band of Section 6. violence against or intimidation of
brigands or as persons nor force upon things, shall
principal offenders take personal property of another
for fencing. without the latter's consent.
Theft is likewise committed by:
Article 306. Aiding and abetting a 1. Any person who, having found lost
band of brigands - Any person property, shall fail to deliver the same
knowingly and in any manner aiding, to the local authorities or to its
abetting or protecting a band or owner;
brigands as described in the next 2. Any person who, after having
preceding article, or giving them maliciously damaged the property of
information of the movements of the another, shall remove or make use of
police or other peace officers of the the fruits or object of the damage
Government (or of the forces of the caused by him; and
United States Army), when the latter 3. Any person who shall enter an
are acting in aid of the Government, inclosed estate or a field where
or acquiring or receiving the property trespass is forbidden or which
taken by such brigands shall be belongs to another and without the
punished by prision correccional in consent of its owner, shall hunt or
its medium period to prision mayor in fish upon the same or shall gather
its minimum period. cereals, or other forest or farm
Elements: products.
1. There is a band of brigands;
Theft is committed by any person
who, with intent to gain, but without
violence against, or intimidation of
persons or force upon things, shall take
the personal property of another without
the latters consent (Lozano vs.
People, G.R. No. 165582, July 9, 2010)
Elements of theft:
1. The taking of personal property;
2. That the property belongs to another;
3. That the taking is done with intent to
gain;
4. That is was done without the consent
of the owner; and
5. That it was accomplished without
violence or intimidation of neither
persons nor force upon things.
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;
It is necessary to prove: (a) time
of the seizure of the thing; (b) it was a
lost property belonging to another; and
(c) the accused having had the
opportunity to return or deliver the lost
property to its owner or to the local
authorities, refrained from doing so.
2. Any person who, after having
maliciously remove or make 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 id 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.
Theft is not a continuing offense
because in theft the phrase used is
shall take personal property (Duran
vs. Tan, GR No. L2760, February 11,
1950.
Intent to gain means not only the
acquisition of a thing useful to the
purpose of life but also the benefit which
in any other sense may be derived or
expected from the act which is
performed (People vs. Padilla, GR No.
03281-R, March 6, 1964).
Unlawful taking in the juridical sense,
consummation of the crime of theft
takes place upon the voluntary and
malicious taking of the property
belonging to another which is realized
by the material occupation of the thing
whereby the thief places it under his
control and in such a situation as he
could dispose of it at once (People vs.
Naval, GR No. 8230-R, September 30,
1948).
Taking is considered complete when the
offender is able to place the thing taken
under his control and in such a situation
as he could dispose of it at once.
From the moment the offender gained
possession of the thing, even if the
culprit had no opportunity to dispose of
the same, the unlawful taking is
complete (People vs. Salvilla, April 26,
1990).
The ability of the offender to freely
dispose of the property stolen is not a
constitutive element of the crime of theft.
It finds no support or extension in Article
308, whether as descriptive or operative
element of theft or as the mens rea or
actus reus of the felony (Valenzuela vs.
People, GR No. 160188, June 21,
2007).
Intangible properties such as electrical
energy and gas may be proper subjects
for theft (U.S vs. Carlos, G.R. No.
6295, September 1, 1911).
Theft is not limited to an actual finder of
lost property who does not return or
deposit it with the local authorities but
includes a policeman to whom he
entrusted it and who misappropriated
the same, as the latter is also a finder in
law.
If the offender merely destroys without
intent to gain, the crime is malicious
mischief.
ROBBERY
Both involve unlawful taking or asportation as element.
Both involve personal property belonging to another. civil disturbance.
There is intent to gain.
The taking is done with the use of violence Therealwaysis no qualified theft. of
or intimidation of persons.
Article 309. Penalties
Basis of the Penalty:
a. Value of the property stolen;
b. Value and the nature of the
property taken; and
c. Circumstances or causes that
impelled the culprit to commit the
crime.
Article 310. Qualified theft - The crime
of theft shall be punished by the
penalties next higher by two degrees
than those respectively specified in the
next preceding article, if committed by a
domestic servant, or with grave abuse of
confidence, or if the property stolen Is
motor vehicle, mail matter or large cattle
or consist of coconuts taken from the
premises of the plantation or fish taken
from a fishpond or fishery, or if property
is taken on the occasion of fire,
earthquake, typhoon, volcanic eruption,
or any other calamity, vehicular accident
or civil disturbance.
Theft is considered qualified if
committed by or with any of the
following acts:
1. By a domestic servant;
2. With a grave abuse of confidence;
3. If the property stolen is a mail matter,
or large cattle or motor vehicle;
4. If the property stolen consist of
coconuts taken from the premises of
the plantation;
5. If the property stolen consist of fish
taken from a fishpond or a fishery;
6. If the property is taken on the
occasion of fire, typhoon,
THEFT earthquake, volcanic eruption, or any
other calamity, vehicular accident, or
7. Theft by a domestic servant is
employment It need not be
violence or
shownofthat
intimidation there was grave abuse of
persons.
confidence.
Article 311. Theft of the property of
the national library and national
museum - If the property stolen be
any property of the National Library
or the National Museum, the penalty
shall be arresto mayor or a fine
ranging from 200 to 500 pesos, or
both, unless a higher penalty should
be provided under other provisions
of this Code, in which case, the
offender shall be punished by such
higher penalty.
Theft of property on National Library
and Museum has a fixed penalty
under article 311 regardless of its
value.
Article 312. Occupation of real
property or usurpation of real rights
in property - Any person who, by
means of violence against or
intimidation of persons, shall take
possession of any real property or
shall usurp any real rights in property
belonging to another, in addition to
the penalty incurred for the acts of
violence executed by him, shall be
punished by a fine from 50 to 100 per
centum of the gain which he hall
have obtained, but not less than 75
pesos.
Elements:
1. That the offender takes possession
of real property or usurps any real
rights in property;
2. That the real property or real rights
belong to another;
3. That violence against or intimidation
of persons is used by the offender in
occupying real property or usurping
real rights in property; and
4. That there is intent to gain.
Acts Punishable:
1. By taking possession of any real
property belonging to another by
means of violence against or
intimidation of persons; or
2. By usurping any real rights in
property belonging to another by
means of violence against or
intimidation of persons.
Two-Tiered/ Two-Layered Penalty
This article provides for twolayered
penalty:
a. The penalty for the acts of
violence, and
b. The penalty of fine for the
usurpation
If the usurpation was committed with
killing or physical injuries, the penalty for
robbery with homicide or robbery with
serious physical injuries will be imposed.
Usurpation of real property is similar to
robbery except that in robbery, personal
property is involved. Article 312 provides
a single, albeit two-tiered, penalty
consisting of a principal penalty, which
is that incurred for the acts of violence,
and an additional penalty of fine based
on the value of gain obtained by the
accused. This is clear from the clause
in addition to the penalty incurred for
the acts of violence executed by him.
For want of a better term, the additional
penalty may be designated as an
incremental penalty (People vs.
Alfeche, Jr., July 1992).
THEFT OR ROBBERY USURPAT
There is taking or asportation. There is oc
Personal property is taken. There is rea
There is intent to gain. There is int
Article 313. Altering boundaries or
landmarks - Any person who shall
alter the boundary marks or
mountains of towns, provinces, or
estates, or any other marks intended
to designate the boundaries of the
same, shall be punished by arresto
menor or a fine not exceeding 100
pesos, or both.
Elements:
1. There are boundary marks or
monuments of towns, provinces, or
estates, or any other marks,
intended to designate boundaries of
the same; and
2. Offender alters said boundary marks.
Intent to gain is not necessary. Mere act
of altering, destruction is sufficient. Any
alteration of boundary marks is enough
to constitute the material element of the
crime.
Article 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.
Elements:
1. Offender is debtor (he has
obligations due and demandable);
2. He absconds with his property; and
3. There prejudice to his creditors.
Unlike in Insolvency Law, Art. 314 does
not require for its application that the
criminal act should have been
committed after the institution of
insolvency proceedings.
Article 315. Swindling (Estafa) Any
person who shall defraud another by
any of the means mentioned
hereinbelow shall be punished by:
1st. The penalty of prisison
correccional in its maximum period
to prision mayor in its minimum
eriod, if the amount of the fraud is
over 12,000 pesos but does not
exceed 22,000 pesos, and if such
amount exceeds the latter sum, the
penalty provided shall be imposed in
its maximum period, adding one year
for each additional 10,000 pesos; but
the total penalty which may be
imposed shall not exceed twenty
years. In such cases, and in
connection with the accessory
penalties which may be imposed
under the provisions of this Code,
the penalty shall be termed prision
mayor or reclusion temporal, as the
case may be.
2nd. The penalty of prision in its
minimum and medium periods, if the
amount of the fraud is over 6,000
pesos but does not exceed 12,000
pesos.
3rd. The penalty of arresto mayor in
its maximum period to prision
correccional in its minimum period if
such amount is over 200 pesos but
does not exceed 6,000 pesos; and
4th. By arresto mayor in its maximum
period, if such amount does not
exceed 200 pesos, provided that in
the four cases mentioned, the fraud
be committed by any of the following
means:
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
base 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
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
 in blank, and y 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 of 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 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 of notice from the bank
and/or the payee or holder
that said check has been
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 a 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.
Elements of Estafa in General:
1. The accused defrauded another (a)
by abuse of confidence, or (b) by
means of deceit.
2. Damage or prejudice capable of
pecuniary estimation is caused to the
offended party or third person.
Fraud in the general sense, is
deemed to comprise anything calculated
to deceive, including all acts, omissions
and concealment involving a breach of
legal equitable duty, trust, or
confidences justly reposed resulting in
damage to another (Garcia vs. People,
G.R. No. 144785, September 11, 2003)
Deceit a species of fraud. It is actual
fraud and consists in any false
representation or contrivance whereby
one person overreaches and misleads
another, to his hurt (People vs.
Romero, G.R. No. 112985, April 21,
1999). If there no deceit, no abuse of
confidence, there is no estafa, even if
there is damage. There is only civil
liability.
There is no such crime as estafa
through negligence. In estafa, the profit
or gain must be obtained by the
accused personally through his own
acts, and his mere negligence in
allowing another to take advantage of or
benefit from the entrusted chattel cannot
constitute estafa (Serona vs. CA, G.R.
No. 130423, November 18, 2002).
Estafa with unfaithfulness or abuse
of confidence
Estafa committed through
unfaithfulness par. 1A, Article 315
Elements:
1. The offender has an onerous
obligation to deliver something of
value;
2. He alters its substance, quantity, and
quality; and
3. Damage or prejudice is caused to
another.
When there is no agreement as to the
quality of the thing to be delivered, the
delivery of the thing not acceptable to
the complainant is not estafa (People
vs. Bastiana, No. 15516-R, February
18, 1958)
Estafa committed through abuse of
confidence par. 1B, Article 315
Elements:
1. That money, goods, or other
personal property be received by the
offender in trust, or on commission,
or for administration, or under any
obligation involving the duty to make
delivery or, or return the same;
2. That there be misappropriation or
conversion of such money or
property of the offender; or denial on
his part of such receipt;
3. That such misappropriation or
conversion or denial causes
prejudice to another;
4. That there is demand made by the
offended party to the offender.
Take note however, that the element of
demand is not necessary when there is
evidence of misappropriation of the
goods by the defendant (Lim vs. Court
of Appeals, G.R. No. 102784,
February 28, 1996)
Malversation if the offender is a
public officer and he appropriates,
misappropriates or permits others to
take public funds or property of which he
is accountable.
Estafa by taking undue advantage of
the signature in blank par. 1C,
Article 315
Elements:
1. The paper with the signature of the
offended party be in blank;
2. The offended party should have
delivered it to the offender
Above the signature of the offended
party a blank document is filled up by
the offender without authority to do so;
and the document so written creates a
liability of, or causes damage to, the
offended party or any third person.
Estafa by means of deceit
Elements:
1. That there must be a false pretense,
fraudulent act or fraudulent means
committed by the accused as to his
power, influence, qualification, credit,
agency, business or imaginary
transaction;
2. That such false pretense, fraudulent
act or fraudulent means must be
made or executed prior to or
simultaneously with the commission
of fraud;
3. The offended party must have relied
on the false pretense, fraudulent act
or fraudulent means.
4. That as a result thereof, the offended
party suffered damage.
Estafa by using fictitious namePar.
2A, Article 315
1. By using fictitious name;
2. By falsely pretending to possess
power, qualifications, credit,
business, influence, property,
agency, imaginary transactions;
3. By means of other similar deceits.
There is use of fictitious name
when a person uses a name other than
his real name. Thus, when a person
found a pawnshop ticket in the name of
another, and using the name of that
another person, redeemed the jewelry
mentioned therein, he committed estafa
by using fictitious name (People vs.
Yusay, GR No. L26957, September 2,
1927).
A person who is convicted of illegal
recruitment may, in addition, be
convicted of estafa under article
315(2)(a) (People vs. Sagaydo, G.R.
Nos. 124671-75, September 29, 2000).
Estafa by altering anything pertaining
to his art or businessPar. 2B,
Article 315
Estafa by pretending to have bribed
any Government employeePar. 2C,
Article 315
Estafa by issuing postdated check
Par. 2D, Article 315
Elements:
1. The offender postdated a check, or
issued a check in payment of an
obligation; and
2. Such postdating or issuing a check
was done when the offender had no
funds in the bank, or the funds
deposited therein were not sufficient
to cover the amount of the check.
3. There is damage to the payee
This paragraph applies to obligation that
is not pre-existing, or the check is drawn
to enter into an obligation.
It is the check that is supposed to be the
sole consideration for the other party to
have entered into the obligation.
It does not cover checks where the
purpose of drawing the check is to
guarantee a loan because a loan is not
an obligation as contemplated in this knowledge of constituting False
paragraph (Pacheco vs. Court of insufficiency of Pretense or
Appeals, G.R. No. 126670, December funds exist. (90 Fraudulent Act. (6
2, 1999). days) months)

The check must be genuine - if the Estafa by obtaining services at

check is falsified and is cashed with the business establishmentsPar. 2E,
bank or exchange for cash, the crime is Article 315
estafa thru falsification of a commercial 1. Obtaining food, refreshment, or
document. accommodation at a hotel, inn,
restaurant, boarding house, lodging
BOUNCING ESTAFA house, or apartment house without
CHECKS LAW (ARTICLE 315, paying therefor, with intent to
(BP 22) 2[D]) defraud the proprietor or manager.
Check is issued in In payment of an 2. Obtaining credit at any of the
payment of an obligation. establishments by using false
obligation or pretenses.
merely to 3. Abandoning or surreptitiously
guarantee an removing any part of his baggage in
obligation. the establishment, after obtaining
Crime against Crime against credit, food, refreshment,
public interest. property. accommodation, without paying.
Covers even In payment of an
payment of pre- obligation Estafa through any of the following
existing obligation. contracted at the fraudulent means
time of the Estafa by inducing another to sign
issuance and any documentPar. 3A, Article 315
delivery of the Elements:
check. 1. Offender induces the offended party
In payment of an In payment of an to sign a document;
obligation at the obligation of the 2. Deceit be employed to make him
time of the time of the sign the document;
issuance of the issuance of the 3. The offended party personally signed
check. check. the document; and
Damage is not an Damage is an 4. Prejudice is caused to the offended
element. element. party.
Knowledge of Knowledge of
insufficiency or insufficiency or lack Estafa by resorting to some
lack of funds is of funds is NOT fraudulent practices to insure
required. required. success in gamblingPar. 3B,
Notice to pay is Notice to pay is Article 315
essential (5 essential before
banking days) you can institute an Estafa by removing, concealing,
action (3 days). destroying, in whole or in part, any
Prima facie Prima facie court record, office files, document
evidence of evidence of deceit
or any other papersPar. 3C, Article represent that he is the owner
315 thereof;
Elements: c. Offender should have
1. There is a court, document, office executed an act of ownership
files or any other papers; over the real property such as
2. The offender removed, concealed, selling, encumbering, leasing,
destroyed any of them; and mortgaging;
3. The offender had intent to defraud d. The act is prejudicial to the
another. owner or a third person.

ESTAFA BY INFIDELITY IN 2. Any person who, knowingly that

REMOVING, THE CUSTODY the real property is encumbered,
CONCEALING OR OF DOCUMENTS shall dispose of the same,
DESTROYING (ART. 266) although such encumbrance be
COURT not recorded;
RECORDS Elements:
ARTICLE a. The thing disposed of is a real
315(3)(c) property
Same manner of committing the crime b. The offender knew that the
Offender may be Offender is a real property was
any person who is public officer who encumbered, whether the
not officially has official encumbrance be recorded or
entrusted with the custody of public not;
documents or official c. There must be express
documents. representation by the
There is an Intention to offender, that the real property
intention to defraud is not a is free from encumbrances;
defraud. necessary and
element. d. The act of disposing of the
real property be made to the
Article 316. Other forms of swindling damage of another.
-The penalty of arresto mayor in its
minimum and medium period and a 3. The owner of any personal
fine of not less than the value of the property who shall wrongfully
damage caused and not more than take it from its lawful possessor,
three times such value shall be to be prejudice of the latter of any
imposed upon: third person;
1. Any person who, pretending to be Elements:
owner of any real property shall a. The offender is the owner of
convey, sell, encumber or any personal property;
mortgage the same; b. Said personal property is in
Elements: the lawful possession of
a. Thing be immovable such as another;
parcel of land or building; c. The offender wrongfully takes
b. Offender who is not the owner it from its lawful possessor;
of said property should and
 d. Prejudice is thereby caused to
the possessor or any third
person.
4. Any person who, to be prejudice
of another shall execute any
fictitious contact;
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
Elements:
a. The offender is a surety in a
bond give in a criminal or civil
action;
b. He guaranteed the fulfillment
of such obligation with his real
property or properties;
c. He sells, mortgages, or in any
other manner encumbers said
real property; and
d. Such sale, mortgage or
encumbrances is:
e. Without express cancellation
from the court;
f. Made before cancellation of
his bond; or
g. Before being relieved from the
obligation contracted by him.
Article 317. Swindling a minor - Any
person who taking advantage of the
inexperience or emotions or feelings
of a minor, to his detriment, shall
include 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, shall suffer the
penalty of arresto mayor and a fine of
a sum ranging from 10 to 50 per cent
of the value of the obligation
contracted by the minor.
Elements:
1. The offender takes advantage of the
inexperience or emotions or feelings
of a minor.
2. He induces such a minor to assume
any obligation, or give any release,
or to execute a transfer of any
property right.
3. The consideration is some loan of
money, credit, or other personal
property (if real property, Article 318
applies; minor cannot convey real
property without judicial authority.
4. The transaction is to the detriment of
such minor.
Article 318. Other deceits - The
penalty of arresto mayor and a fine of
not less than the amount of the
damage caused and not more than
twice such amount shall be imposed
upon any person who shall defraud
or damage another by any other
deceit not mentioned in the receding
articles of this chapter.
Any person who, for profit or gain,
shall interpret dreams, make
forecast, 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.
Elements:
1. That the person commits acts of
false pretenses, fraudulent acts or
pretenses other than those
mentioned in articles 315, 316 and
317;
2. That such false pretense, fraudulent
acts or pretenses were made and
executed prior to or simultaneously
with the commission of the fraud;
and
3. As a result, the offended party
suffered damage or prejudice.
Acts Punishable:
1. By defrauding or damaging another
by any other deceit not mentioned in
the preceding articles; and
2. For profit or gain doing any of the
following interpreting dreams, telling
fortunes, making forecasts; or taking
advantage of credulity of the public
in any other similar manner.
This is an all catch provision, in that, if
Arts. 315-317 does not apply, and then
utilize this to charge the offender
(Guinhawa vs. People, G.R. No.
162822, August 25, 2005)
Article 319. Removal, sale or pledge
of mortgaged property - The penalty
of arresto mayor or a fine amounting
to twice the value of the property
shall be imposed upon:
Any person who shall
knowingly remove any personal
property mortgaged under the
Chattel Mortgage Law to any
province or city other than the one in
which it was located at the time of the
execution of the mortgage, without
the written consent of the mortgage,
or his executors, administrators or
assigns.
Any mortgagor who shall sell
or pledge personal property already
pledge, or any part thereof, under the
terms of the Chattel Mortgage Law,
without the consent of the mortgagee
written on the back of the mortgage
and noted on the record hereof in the
office of the Register of Deeds of the
province where such property is
located.
Acts Punishable:
1. By knowingly removing any
mortgaged personal property.
Elements:
a. Personal property is mortgaged
under the Chattel Mortgage Law;
b. The offender knows that such
property Is so mortgaged;
c. He removes such mortgaged
personal property to any province
or city other than the one in which
it was located at the time of
execution of the mortgage.
d. The removal is permanent; and
e. There is no written consent of
mortgagee, executors or
administrators or assigns to such
removal
2. By selling or pledging personal
property already pledged.
Elements:
a. Personal property is already
pledged under the terms of the
Chattel Mortgage Law;
b. The offender, who is the
mortgagor of such property, sells
or pledges the same or any part
thereof; and
c. There is no consent of the
mortgagee, written on the back of
the mortgage and noted on the
 records thereof in the Office of
the Register of Deeds.
Article 320. Destructive Arson. - The
penalty of reclusion perpetua to
death shall be imposed upon any
person who shall burn:
1. One (1) or more buildings or
edifices, consequent to one single
act of burning, or as a result of
simultaneous burnings, committed
on several or different occasions.
2. Any building of public or private
ownership, devoted to the public in
general or where people usually
gather or congregate for a definite
purpose such as, but not limited to,
official governmental function or
business, private transaction,
commerce, trade, workshop,
meetings and conferences, or merely
incidental to a definite purpose such
as but not limited to hotels, motels,
transient dwellings, public
conveyances or stops or terminals,
regardless of whether the offender
had knowledge that there are
persons in said building or edifice at
the time it is set on fire and
regardless also of whether the
building is actually inhabited or not.
3. Any train or locomotive, ship or
vessel, airship or airplane, devoted to
transportation or conveyance, or for
public use, entertainment or leisure.
4. Any building, factory, warehouse
installation and any appurtenances
thereto, which are devoted to the
service of public utilities.
5. Any building the burning of which
is for the purpose of concealing or
destroying evidence of another
violation of law, or for the purpose of
concealing bankruptcy or defrauding
creditors or to collect from
insurance.
Irrespective of the application of the
above enumerated qualifying
circumstances, the penalty of
reclusion perpetua to death shall
likewise be imposed when the arson
is perpetrated or committed by two
(2) or more persons or by a group of
persons, regardless of whether their
purpose is merely to burn or destroy
the building or the burning merely
constitutes an overt act in the
commission or another violation of
law.
The penalty of reclusion perpetua to
death shall also be imposed upon
any person who shall burn:
1. Any arsenal, shipyard, storehouse
or military powder or fireworks
factory, ordnance, storehouse,
archives or general museum of the
Government.
2. In an inhabited place, any
storehouse or factory of inflammable
or explosive materials.
If as a consequence of the
commission of any of the acts
penalized under this Article, death
results, the mandatory penalty of
death shall be imposed
Art. 320-326-B Repealed by PD 1613
Presidential Decree No. 1613
AMENDING THE LAW ON ARSON
Arson is when any person burns or
sets fire to the property of another; or
when a person sets fire to his own
property under circumstances which
expose to danger the life or property of
another (Section 1, PD 1613).
Destructive Arson is when a property
burned through any of the following:
1. Any ammunition factory and other
establishment where explosives,
inflammable or combustible materials
are stored.
2. Any archive, museum, whether public
or private, or any edifice devoted to
culture, education or social services.
3. Any church or place of worship or
other building where people usually
assemble.
4. Any train, airplane or any aircraft,
vessel or watercraft, or conveyance for
transportation of persons or property
5. Any building where evidence is kept
for use in any legislative, judicial,
administrative or other official
proceedings.
6. Any hospital, hotel, dormitory, lodging
house, housing tenement, shopping
center, public or private market, theater
or movie house or any similar place or
building.
7. Any building, whether used as a
dwelling or not, situated in a populated
or congested area (Section 2, Ibid).
Other Cases of Arson is when the
property burned through any of the
following:
1. Any building used as offices of the
government or any of its agencies;
2. Any inhabited house or dwelling;
3. Any industrial establishment,
shipyard, oil well or mine shaft, platform
or tunnel;
5. Any plantation, farm, pastureland,
growing crop, grain field, orchard,
bamboo grove or forest;
6. Any rice mill, sugar mill, cane mill or
mill central; and
7. Any railway or bus station, airport,
wharf or warehouse (Section 3, Ibid).
Special Aggravating Circumstances
in Arson
1. If committed with intent to gain;
2. If committed for the benefit of
another;
3. If the offender is motivated by spite or
hatred towards the owner or occupant of
the property burned;
4. If committed by a syndicate (Section
4, Ibid).
Prima Facie evidence of Arson Any
of the following circumstances shall
constitute prima facie evidence of arson:
1. If the fire started simultaneously in
more than one part of the building or
establishment.
2. If substantial amount of flammable
substances or materials are stored
within the building note necessary in the
business of the offender nor for
household us.
3. If gasoline, kerosene, petroleum or
other flammable or combustible
substances or materials soaked
therewith or containers thereof, or any
mechanical, electrical, chemical, or
electronic contrivance designed to start
a fire, or ashes or traces of any of the
foregoing are found in the ruins or
premises of the burned building or
property.
4. If the building or property is insured
for substantially more than its actual
value at the time of the issuance of the
policy.
5. If during the lifetime of the
corresponding fire insurance policy
more than two fires have occurred in the
same or other premises owned or under
the control of the offender and/or
insured.
6. If shortly before the fire, a substantial
portion of the effects insured and stored
in a building or property had been
withdrawn from the premises except in
the ordinary course of business.
7. If a demand for money or other
valuable consideration was made before
the fire in exchange for the desistance
of the offender or for the safety of the
person or property of the victim
(Section 6, Ibid).
Article 327. Who are liable for
malicious mischief Any person who
shall deliberately cause to the
property of another any damage not
falling within the terms of the next
preceding chapter shall be guilty of
malicious mischief.
Malicious mischief - willful damaging
of anothers property for the sake of
causing damage due to hate, revenge or
other evil motive.
Elements:
1. Offender deliberately caused
damage to the property of another;
2. Such act does not constitute arson
or other crimes involving destruction;
and
3. It was committed merely for the sake
of damaging it.
It is malicious mischief if the act of
damaging anothers property was
inspired, not by hatred or by a desire for
revenge, but by the mere pleasure of
destroying.
If there is no malice in causing the
damage, the obligation to repair or pay
for the damages is only civil (People vs.
Tayucon, GR No. 18244-R, January
23, 1959).
This article does not refers to mischief
resulting from a crime, such as the
damages caused by a robber in
breaking the window, for the reason that
such damages are mere incidents of the
crime of robbery.
Malicious Mischief cannot be attempted
or frustrated. It is always consummated.
Only personal property may be subject
of Malicious Mischief.
If after damaging the property, the
offender removes or makes use of the
fruits or objects of the damage, it is
theft.
Article 328. Special cases of
malicious mischief - Any person who
shall cause damage to obstruct the
performance of public functions, or
using any poisonous of public functions,
or using any poisonous or corrosive
substance; or spreading any infection or
contagion among cattle; or who cause
damage to the property of the National
Museum or National Library, or to any
archive or registry, waterworks, road,
promenade, or any other thing used in
common by the public, shall be
punished:
By prision correccional in its minimum
and medium periods, if the value of the
damage caused exceeds 1,000 pesos;
By arresto mayor, if such value does not
exceed the abovementioned amount but
it is over 200 pesos; and
By arresto menor, in such value does
not exceed 200 pesos.
Acts Punishable:
1. Causing damage to obstruct the
performance of public functions;
2. Using any poisonous or corrosive
substance;
3. Spreading any infection or contagion
among cattle;
4. Causing damage to the property of
the National Museum, National
Library, or to any archive or registry,
waterworks, road, promenade, or
any other thing used in common by
the public.
This mischief mentioned in the 1st
clause is to be distinguished from
sedition (Article 139), in that the element
of public and tumultuous uprising is not
present in this crime.
Article 329. Other mischiefs - The
mischiefs not included in the next
preceding article shall be punished:
By arresto mayor in its medium and
maximum periods, if the value of the
damage caused exceeds 1,000
pesos;
By arresto mayor in its minimum and
medium periods, if such value is over
200 pesos but does not exceed 1,000
pesos; and
By arresto menor or fine of not less
than the value of the damage caused
and not more than 200 pesos, if the
amount involved does not exceed
200 pesos or cannot be estimated.
Mischiefs not included in Article 328 are
punished according to the value of the
damaged caused.
Article 330. Damage and obstruction
by means of communication - The
penalty of prision correccional in its
medium and maximum periods shall
be imposed upon any person who
shall damage any railway, telegraph
or telephone lines.
If the damage shall result in any
derailment of cars, collision or other
accident, the penalty of prision
mayor shall be imposed, without
prejudice to the criminal liability of
the offender for the other
consequences of his criminal act.
For the purpose of the provisions of
the article, the electric wires, traction
cables, signal system and other
things pertaining to railways, shall be
deemed to constitute an integral part
of a railway system.
Article 331. Destroying or damaging
statutes, public monuments and
paintings - Any person who shall
destroy or damage statues or any
other useful or ornamental public
monument shall suffer the penalty of
arresto mayor in its medium period to
prision correccional in its minimum
period.
Any person who shall destroy or
damage any useful or ornamental
painting of a public nature shall
suffer the penalty of arresto menor or
a fine not exceeding 200 pesos, or
both such fine and imprisonment in
the discretion of the court.
Acts Punishable:
1. Destroying or damaging statues or
any other useful or ornamental public
monument;
2. Destroying or damaging any useful
or ornamental painting of a public
nature.
Article 332. Persons exempt from
criminal liability. No criminal, but
only civil liability, shall result from
the commission of the crime of theft,
swindling or malicious mischief
committed or caused mutually by the
following persons:
1. Spouses, ascendants and
descendants, or relatives by affinity
in the same line.
2. The widowed spouse with respect
to the property which belonged to the
deceased spouse before the same
shall have passed into the
possession of another; and
3. Brothers and sisters and brothers-
in-law and sisters-in-law, if living
together.
The exemption established by this
article shall not be applicable to
strangers participating in the
commission of the crime.
Spouses Cover common-law spouses.
Relatives Include step fathers and
step mothers, illegitimate and adopted
children.
The exemption does not apply to
strangers participating in the
commission of the crimes; does not
apply if the crimes of theft, swindling
and malicious mischief.
Presidential Decree No. 1612 ANTI
FENCING LAW OF 1979
Fencing is the act of any person who,
with intent to gain for himself or for
another, shall buy, receive, possess,
keep, acquire, conceal, sell or dispose
of, or shall buy and sell, or in any other
manner deal in any article, item, object
or anything of value which he knows, or
should be known to him, to have been
derived from the proceeds of the crime
of robbery or theft (Section 2[a], PD
1612).
Fence includes any person, firm,
association corporation or partnership or
other organization who/which commits
the act of fencing (Section 2[b], Ibid).
Presumption of Fencing Mere
possession of any good, article, item,
object, or anything of value which has
been the subject of robbery or thievery
shall be prima facie evidence of fencing
(Section 5, Ibid).
Exception: With clearance or permit
to sell All stores, establishments or
entities dealing in the buy and sell of
any good, article item, object of anything
of value obtained from an unlicensed
dealer or supplier thereof, shall before
offering the same for sale to the public,
secure the necessary clearance or
permit from the station commander of
the Philippine National Police in the
town or city where such store,
establishment or entity is located. Any
person who fails to secure the clearance
or permit required by this section or who
violates any of the provisions of the
rules and regulations promulgated
thereunder shall upon conviction be
punished as a fence (Section 6, Ibid).
Batas Pambansa Bilang 22 AN ACT
PENALIZING THE MAKING OR
DRAWING AND ISSUANCE OF A
CHECK WITHOUT SUFFICIENT
FUNDS OR CREDIT AND FOR OTHER
PURPOSES (or commonly known as
Bouncing Checks Law)
Punishable Acts: Checks without
sufficient funds
1. 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 (Section 1,
BP 22);
2. Any person who, having sufficient
funds in or credit with the drawee
bank when he makes or draws and
issues a check, shall fail to keep
sufficient funds or to maintain a
credit to cover the full amount of the
check if presented within a period of
ninety (90) days from the date
appearing thereon, for which reason
it is dishonored by the drawee bank
(Ibid).
Note: 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
(Ibid).
Under Administrative Circular 12
2000 issued on November 21,
2000, the Supreme Court, in its
decision in Eduardo Vaca vs. Court
of Appeals, G.R. No. 131714,
November 16, 1998, per Justice V.
Mendoza, modified the sentence
imposed for violation of BP Blg. 22
by deleting the penalty of
imprisonment and imposing only the
penalty of fine in an amount double
the amount of the check.
Administrative Circular 132001
further clarified that:
1. Administrative Circular 122000
does not remove imprisonment
as an alternative penalty for
violation of BP Blg 22;
2. The Judges concerned may, in
the exercise of sound discretion,
and taking into consideration the
peculiar circumstances of each
case, determine whether the
imposition of a fine alone would
best serve the interests of justice
or whether forbearing to impose
imprisonment would depreciate
the seriousness of the offense,
work violence on the social order,
or otherwise be contrary to the
imperative of justice; and
3. Should only a fine be imposed
and the accused be unable to
pay the fine, there is no legal
obstacle to the application of the
RPC provisions on subsidiary
imprisonment.
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 (a) pays
the holder thereof the amount due
thereon, or (b) 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 (Section 2,
Ibid).
Duty of drawee When refusing to pay
the same to the holder thereof upon
presentment, to cause to be written,
printed, or stamped in plain language
thereon, or attached thereto, the reason
for drawee's dishonor or refusal to pay
the same: Provided, That where there
are no sufficient funds in or credit with
such drawee bank, such fact shall
always be explicitly stated in the notice
of dishonor or refusal (Section 3, Ibid)..
Note: In all prosecutions under this Act,
the introduction in evidence of any
unpaid and dishonored check, having
the drawee's refusal to pay stamped or
written thereon or attached thereto, with
the reason therefor as aforesaid, shall
be prima facie evidence of the making
or issuance of said check, and the due
presentment to the drawee for payment
and the dishonor thereof, and that the
same was properly dishonored for the
reason written, stamped or attached by
the drawee on such dishonored check
(Ibid).
Republic Act No. 6539 AN ACT
PREVENTING AND PENALIZING
CARNAPPING (or commonly known as
ANTICARNAPPING ACT)
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 (Section 2, RA 6539).
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 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
(Ibid).
Registration of motor vehicle engine,
engine block and chassis every
owner or possessor of unregistered
motor vehicle or parts thereof in knock
down condition shall register with the
Land Transportation Office the motor
vehicle engine, engine block and
chassis in his name or in the name of
the real owner who shall be readily
available to answer any claim over the
registered motor vehicle engine, engine
block or chassis. Thereafter, all motor
vehicle engines, engine blocks and
chassis not registered shall be
considered as untaxed importation or
coming from an illegal source or
carnapped (Section 3, Ibid).
Registration of sale, transfer,
conveyance, substitution or
replacement of a motor vehicle
engine, engine block or chassis it
shall be registered with the Land
Transportation Office. Motor vehicles
assembled and rebuilt or repaired by
replacement with motor vehicle engines,
engine blocks and chassis not
registered shall not be issued
certificates of registration and shall be
considered as untaxed imported motor
vehicles or motor vehicles carnapped or
proceeding from illegal sources
(Section 5, Ibid).
Original Registration of motor
vehicles Any person seeking the
original registration of a motor vehicle,
whether that motor vehicle is newly
assembled or rebuilt or acquired from a
registered owner, shall within one week
after the completion of the assembly or
rebuilding job or the acquisition thereof
from the registered owner, apply for
clearance of the motor vehicle for
registration with the Land Transportation
Office xxx (Section 6, Ibid).
Who are liable (a) any person who
violates any provisions of the Act
(Section 13, Ibid); (b) any government
official or employee who directly
commits the unlawful acts defined in this
Act or is guilty of gross negligence of
duty or connives with or permits the
commission of any of the said unlawful
act (Ibid); and (c) alien who may be
convicted under the provisions of the
Act (Section 15, Ibid).
Duty of Collector of Customs to
report arrival of imported motor
vehicle, etc. The Collector of
Customs of a principal port of entry
where an imported motor vehicle, motor
vehicle engine, engine block chassis or
body is unloaded, shall, within seven
days after the arrival of the imported
motor vehicle or any of its parts
enumerated herein, make a report of the
shipment specifying the make, type and
serial numbers, if any, of the motor
vehicle engine, engine block and
chassis or body, and stating the names
and addresses of the owner or
consignee thereof. Absent the serial
number, the Collector concerned shall
hold the motor vehicle engine, engine
block, chassis or body until it is
numbered by the Land Transportation
Office (Section 7, Ibid).
Duty of importers, distributors and
sellers of motor vehicles to keep
record of stocks It shall be
necessary to keep a permanent record
of his stocks, stating therein their type,
make and serial numbers, and the
names and addresses of the persons
from whom they were acquired and the
names and addresses of the persons to
whom they were sold, and shall render
an accurate monthly report of his
transactions in motor vehicles (Section
8, Ibid).
Clearance and permit required for Punishable Acts
assembly or rebuilding of motor Terrorism Any person who commits
vehicles Any person who shall an act punishable under any of the
undertake to assemble or rebuild or following provisions of the Revised
cause the assembly or rebuilding of a Penal Code:
motor vehicle shall first secure a 37. Article 122 (Piracy in General and
certificate of clearance: Provided, That Mutiny in the High Seas or in the
no such permit shall be issued unless Philippine Waters);
the applicant shall present a statement 38. Article 134 (Rebellion or
under oath containing the type, make Insurrection);
and serial numbers of the engine, 39. Article 134-A (Coup dtat), including
chassis and body, if any, and the acts committed by private persons;
complete list of the spare parts of the 40. Article 248 (Murder);
motor vehicle to be assembled or rebuilt 41. Article 267 (Kidnapping and Serious
together with the names and addresses Illegal Detention);
of the sources thereof (Section 10, 42. Article 324 (Crimes Involving
Ibid). Destruction, or under
43. Presidential Decree No. 1613 (The
Clearance required for shipment of Law on Arson);
motor vehicles, motor vehicle 44. Republic Act No. 6969 (Toxic
engines, engine blocks, chassis or Substances and Hazardous and
body Any person who owns or Nuclear Waste Control Act of 1990);
operates inter-island shipping or any 45. Republic Act No. 5207, (Atomic
water transportation with launches, Energy Regulatory and Liability Act
boats, vessels or ships shall within of 1968);
seven days submit a report on all motor 46. Republic Act No. 6235 (Anti-
vehicle, motor vehicle engines, engine Hijacking Law);
blocks, chassis or bodies transported by 47. Presidential Decree No. 532 (Anti-
it for the motor vehicle, motor vehicle Piracy and Anti-Highway Robbery
engine, engine block, chassis or body to Law of 1974); and
be loaded on board the launch, boat 48. Presidential Decree No. 1866, as
vessel or ship (Section 11, Ibid). amended (Decree Codifying the
Laws on Illegal and Unlawful
Republic Act No. 9372 AN ACT TO Possession, Manufacture, Dealing
SECURE THE STATE AND PROTECT in, Acquisition or Disposition of
OUR PEOPLE FROM TERRORISM (or Firearms, Ammunitions or
commonly known as ANTI Explosives),
TERRORISM LAW/ HUMAN thereby sowing and creating a
SECURITY ACT OF 2007) condition of widespread and
extraordinary fear and panic among
the populace, in order to coerce the presumed to be legal and valid (U.S. vs.
government to give in to an unlawful Mata, G.R. No. 6300, March 2, 1911).
demand (Section 3, RA 9372).
After the marriage has been declared
TITLE ELEVEN. CRIMES AGAINST
void ab initio by the court, the innocent
CHASTITY (ARTICLES 333346)
spouse can no longer file any complaint
for adultery (Pilapil vs. Ibay-Somera,
Article 333. Who are guilty of adultery
G.R. No. 80116, June 30, 1989).
Adultery is committed by any
married woman who shall have
Requisites for Pardon: (a) Must come
sexual intercourse with a man not her
before the institution of the criminal
husband and by the man who has
prosecution; and (b) both offenders
carnal knowledge of her, knowing her
must be pardoned.
to be married, even if the marriage be
subsequently declared void. Adultery
Article 334. Concubinage Any
shall be punished by prision
husband who shall keep a mistress in
correccional in its medium and
the conjugal dwelling, or shall have
maximum periods.
sexual intercourse, under scandalous
circumstances, with a woman who is
If the person guilty of adultery
not his wife, or shall cohabit with her
committed this offense while being
in any other place, shall be punished
abandoned without justification by
by prision correccional in its
the offended spouse, the penalty next
minimum and medium periods.
lower in degree than that provided in
Elements:
the next preceding paragraph shall
1. The man must be married;
be imposed.
2. He committed any of the following
Elements:
acts;
1. That the woman is married;
a. By keeping a mistress in the
2. That she has sexual intercourse with
conjugal dwelling;
a man not her husband; and
b. By having sexual intercourse,
3. That as regards the man with whom
under scandalous
she had sexual intercourse, he must
circumstances, with a woman
know her to be married.
who is not his wife; or
c. By cohabiting with a woman
Each sexual intercourse constitutes a
who is not his wife in any
crime of adultery. It is NOT a continuing
other places.
offense (Fernandez vs. Lantin, G.R.
3. That as regards the woman she
No. L-44759)
must know him to be married.
Conjugal Dwelling is the home of the
It is not necessary that there be a valid
husband and the wife even if the wife is
marriage between the offended husband
temporarily absent therefrom (People
and the offending wife. Article 333 uses
vs. Cordova, C.A. G.R. No. 19100-R,
the phrase even if the marriage be
June 23, 1959).
subsequently declared void. The
marriage may suffer from a legal defect
Under scandalous circumstances
but until there is judicial declaration of
refer to the act of sexual intercourse
nullity of the marriage, the marriage is
that the conduct of the man outside his
home produces a scandal and set a bad
example among his neighbors (People
vs. Santos, Nos. 361-R, SC-G.R. No.
L-867, January 6, 1948).
Scandal consists in any reprehensible
word or deed that offends public
conscience, redounds to the detriment
of the feelings of honest persons, and
gives occasion to the neighbors spiritual
damage or ruin.
Cohabit living together as husband
and wife, for some period of time
(Ocampo vs. People, G.R. No. 47756,
June 10, 1941)
The pendency of the case for
declaration of nullity of marriage is not a
prejudicial question to a concubinage
case (Beltran vs. People, G.R. No.
137567, June 20, 2000).
Article 335. Rape - This provision has
been repealed
Article 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.
Elements:
1. Offender commits any of the acts of
lasciviousness or lewdness.
2. That the act of lasciviousness is
committed against a person of either
sex.
3. That it is done under any of the
following circumstances:
a. By using force or intimidation;
b. When the offended party is
deprived of reason or
otherwise unconscious;
c. By fraudulent machination or
grave abuse of authority;
d. When the offended party is
under 12 years of age or is
demented.
Lewd means obscene, lustful,
indecent, lecherous. It signifies that form
of immorality which has relation to moral
impurity; or that which is carried on a
wanton manner (People vs. Lizada,
G.R. No. 143468-71, January 24,
2003).
When there is no lewd design, the
offender may only be convicted of unjust
vexation.
There is neither attempted nor frustrated
acts of lasciviousness. From the
moment the offender performs all the
elements necessary for the existence of
the felony, the actually attains his
purpose and, from that moment, all the
essential elements of the offense have
been accomplished (People vs.
Falmularcano, GR No. 197-R,
February 28, 1947).
The acts of embracing, kissing of a
women arising either out of passion or
other motive and the touching of her
breast as mere incident of the embrace
without lewd design constitutes merely
unjust vexation (People vs. Ignacio,
CA-GR No. 5119-R, September 30,
1950).
Where the kissing, embracing and the
touching of the breast of a woman are
done with lewd design, the same
constitute acts of lasciviousness
(People vs. Santiago, GR No. 12339,
December 2, 1999).
Article 337. Qualified Seduction The
seduction of a virgin over twelve
years and under eighteen years of
age, committed by any person in
public authority, priest, home-
servant, domestic, guardian, teacher,
or any person who, in any capacity,
shall be entrusted with the education
or custody of the woman seduced,
shall be punished by prision
correccional in its minimum and
medium periods.
The penalty next higher in degree
shall be imposed upon any person
who shall seduce his sister or
descendant, whether or not she be a
virgin or over eighteen years of age.
Under the provisions of this Chapter,
seduction is committed when the
offender has carnal knowledge of any
of the persons and under the
circumstances described herein.
Elements:
1. Offended party is a virgin (presumed
if she is unmarried and of good
reputation);
2. She must be over 12 and under 18
years of age;
3. The offender has sexual intercourse
with her; and
4. There is abuse of (so called
categories of offenders): authority,
confidence, or reputation
Offenders in Qualified Seduction:
1. Those who abused their authority:
a. Persons in public authority
b. Guardian
c. Teacher
d. Person who, in any capacity,
is entrusted with the
education or custody of the
woman seduced;
2. Those who abused confidence
reposed in them;
a. Priest
b. House servant
c. Domestic is different from a
house servant. It means any
person living under the same
roof as a member of the same
household, and includes
boarders or houseguests but
not transients or visitors
(People vs. Subingsubing,
GR Nos. 10494243,
November 25, 1993).
3. Those who abused their relationship
a. Brother who seduced his
sister;
b. Ascendant who seduced his
descendant
Virgin refers to a woman of chaste
character or a woman of good
reputation. Virginity in this sense does
not mean physical virginity (People vs.
Lee, G.R. No. 139070, May 29, 2002).
If the sister or descendant is under 12
years of age, the crime would be rape. If
she is married, it would be adultery.
If any of the circumstances in the crime
of rape is present, the crime is not to be
punished under this article, thus if the
offended woman was sleeping, or the
offender used force or intimidation,
when he had sexual intercourse with
her, the crime would be rape (People
vs. Manansala, G.R. Nos. 110974-81,
June 17, 1997).
Article 338. Simple Seduction The
seduction of a woman who is single
or a widow of good reputation over
twelve but under eighteen years of
age, committed by means of deceit,
shall be punished by arresto mayor.
Elements:
1. Offended party is over 12 and under
18 years of age;
2. She must be of good reputation, ascendant seducing
single or widow; a descendant.
3. The offender has sexual intercourse
with her; If the woman is over 18 years old, there
4. It is committed by means of deceit. is no force or intimidation or she is not
unconscious or otherwise deprived of
Simple Qualified reason, there is no crime even if the
Seduction Seduction accused has sexual intercourse with
Virginity is not an her. This is true even if deceit is
essential element employed by the accused.
of the crime, but it
is enough that the Virginity is an To constitute simple seduction, there
woman is single essential element of must in all cases be some deceitful
or a widow of the crime. promise or inducement. The woman
good reputation should have yielded because of this
and has a chaste promise or inducement (People vs.
life. Pasuca, G.R. No. 128159-62, July 14,
Deceit is an Deceit is not an 2004).
essential element essential element of
of the crime. the crime. Deceit generally takes the form of
When the offender unfulfilled promise of marriage and this
The victim is is the brother or an promise need not immediately precede
always over 12 ascendant, the the carnal act (U.S vs. Sarmiento, G.R.
but under 18. victim may be over No. 9059, March 14, 1914).
18.
May be Can only be Article 339. Acts of lasciviousness
committed even committed with with the consent of the offended
without abuse of abuse of authority, party The penalty of arresto mayor
authority, abuse abuse of shall be imposed to punish any other
of confidence or confidence or acts of lasciviousness committed by
abuse of abuse of the same persons and the same
relationship. relationship. circumstances as those provided in
May only be Articles 337 and 338.
committed by Elements:
specific offenders: The offender commits acts of
person in public lasciviousness or lewdness;
authority, priest, The acts are committed upon a woman
house servant, who is:
May be A virgin or single of good reputation,
domestic, guardian,
committed by any under 18 but over 12 years of age; and
teacher or any
person. A sister or descendant regardless of her
person. entrusted
with the education reputation or age.
or custody of the The offender accomplishes the acts by
woman seduced, a abuse of authority, confidence,
brother seducing relationship, or or deceit.
his sister, or
Article 340. Corruption of minors
Any person who shall promote or
facilitate the prostitution or
corruption of persons underage to
satisfy the lust of another, shall be
punished by prision mayor, and if the
culprit is a public officer or
employee, including those in
government owned or controlled
corporations, he shall also suffer the
penalty of temporary absolute
disqualification.
Elements:
1. The offender promotes or facilitates
the prostitution or corruption of
persons below 18 years of age; and
2. The purpose is to satisfy the lust of
another.
3. What the law punishes is the act of a
person who facilitates the corruption
of, and not the performance of
unchaste acts upon the minor, hence
mere proposal will consummate the
offense.
4. The victim must be of good
reputation and not a prostitute or
corrupted person.
Article 341. White Slave Trade - The
penalty of prision correccional in its
medium and maximum period shall
be imposed upon any person who, in
any manner, or under any pretext,
shall engage in the business or shall
profit by prostitution or shall enlist
the services of any other for the
purpose of prostitution
Acts Punishable:
1. Engaging in the business or
prostitution;
2. Profiting by prostitution; or
3. Enlisting the services of women for
the purpose of prostitution.
Any of those above-mentioned acts is
sufficient to constitute the offense
(People vs. Nuevas, G.R. No. L-154,
March 18, 1946).
In both corruption of minors and white
slave trade, habitually is not a
necessary element (People vs. Bueno,
GR No. 01378-C.R, October 17, 1964).
Article 342. Forcible abduction The
abduction of any woman against her
will and with lewd designs shall be
punished by reclusion temporal. The
same penalty shall be imposed in
every case, if the female abducted be
under twelve years of age.
Elements:
1. A person abducts any woman,
regardless of her age, civil status, or
reputation.
2. Abduction is against her will; and
3. Abduction is with lewd designs.
Abduction is meant the taking away
of a woman from her house or the place
where she may be for the purpose of
carrying her to another place with intent
to marry or corrupt her (People vs. De
la Cruz, G.R. No. 24507, December 28,
1945)
Forcible abduction is absorbed in rape
where the main objective was to rape
the victim (People vs. Mejorada, G.R.
No. 102705, June 30, 1993).
Where the violent taking if a woman is
motivated by lewd designs, the crime is
forcible abduction. When it is not so, it is
kidnapping and serious illegal detention
(People vs. Quintan, G.R. No. L-8227,
May 25, 1956).
Article 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, shall be punished
by the penalty of prision correccional
in its minimum and medium periods.
Elements:
1. The offended is a virgin (or a person
with good reputation);
2. Over 12 and under 18;
3. The taking away of the offended
party is with the consent after
solicitation or cajolery from the
offender;
4. The taking away of the offended
party must be with lewd designs.
The abductor need not actually and
personally have taken victim from her
parents home, or induced her to
abandon it. It is sufficient that he was
instrument of her escape.
Article 344. Prosecution of the crimes
of adultery, concubinage, seduction,
abduction, rape, and acts of
lasciviousness - The crimes of
adultery and concubinage shall not
be prosecuted except upon a
complaint filed by the offended
spouse.
The offended party cannot institute
criminal prosecution without
including both the guilty parties, if
they are both alive, nor, in any case,
if he shall have consented or
pardoned the offenders.
The offenses of seduction,
abduction, rape or acts of
lasciviousness, shall not be
prosecuted except upon a complaint
filed by the offended party or her
parents, grandparents, or guardian,
nor, in any case, if the offender has
been expressly pardoned by the
above named persons, as the case
may be.
In cases of seduction, abduction,
acts of lasciviousness and rape, the
marriage of the offender with the
offended party shall extinguish the
criminal action or remit the penalty
already imposed upon him. The
provisions of this paragraph shall
also be applicable to the co-
principals, accomplices and
accessories after the fact of the
above-mentioned crimes.
The following crimes cannot be
prosecuted de officio: adultery,
concubinage, seduction, abduction,
(rape), or acts of lasciviousness
(Mangila vs. Lantin, G.R. No. L-24735,
October 31, 1961)
In cases of seduction, abduction, acts of
lasciviousness and rape, the marriage of
the offender with the offended party
shall extinguish the criminal action or
remit the penalty already imposed upon
him. The provisions of this paragraph
shall also be applicable to the co-
principals, accomplices and accessories
after the fact of the above-mentioned
crimes.
Article 347. Civil liability of persons
guilty of crimes against chastity - Person
guilty of rape, seduction or abduction
shall also be sentenced:
1. To indemnify the offended woman;
2. To acknowledge the offspring,
unless the law should prevent him
from so doing.
3. In every case to support the
offspring.
The adulterer and the concubinage in
the case provided for in Article 333 and
334 may also be sentenced. In the
same proceeding or in a separate
caused to the offended spouse.
Article 348. Liability of ascendants,
guardians, teachers, or other persons
entrusted with the custody of the
offended party - The ascendants,
guardians, curators, teachers and
any person who, by abuse of
authority or confidential
relationships, shall cooperate as
accomplices in the perpetration of
the crimes embraced in chapters,
second, third and fourth, of this title,
shall be punished as principals.
Teachers or other persons in any
other capacity entrusted with the
education and guidance of youth,
shall also suffer the penalty of
temporary special disqualification in
its maximum period to perpetual
special disqualification.
Any person falling within the terms of
this article, and any other person
guilty of corruption of minors for the
benefit of another, shall be punished
by special disqualification from filling
the office of guardian.
Republic Act No. 9995 AN ACT
DEFINING AND PENALIZING THE
CRIME OF PHOTO AND VIDEO
VOYEURISM, PRESCRIBING
PENALTIES THEREFOR, AND FOR
OTHER PURPOSES (or commonly
known as ANTIPHOTO AND VIDEO
VOYUERISM ACT)
Photo or video voyeurism means
the act of taking photo or video
coverage of a person or group of
persons performing sexual act or any
similar activity or of capturing an image
of the private area of a person or
persons without the latter's consent,
under circumstances in which such
person/s has/have a reasonable
expectation of privacy, or the act of
selling, copying, reproducing,
broadcasting, sharing, showing or
exhibiting the photo or video coverage
or recordings of such sexual act or
similar activity through VCD/DVD,
internet, cellular phones and similar
means or device without the written
consent of the person/s involved,
notwithstanding that consent to record
or take photo or video coverage of same
was given by such person (Section
3[d], RA 9995).
Under circumstances in which a
person has a reasonable expectation
of privacy means believe that he/she
could disrobe in privacy, without being
concerned that an image or a private
area of the person was being captured;
or circumstances in which a reasonable
person would believe that a private area
of the person would not be visible to the
public, regardless of whether that
person is in a public or private place
(Section 3[f], RA 9995).
Prohibited Acts It is hereby
prohibited and declared unlawful for any
person:
(a) To take photo or video
coverage of a person or group of
persons performing sexual act or
any similar activity or to capture
an image of the private area of a
person/s such as the naked or
 undergarment clad genitals,
public area, buttocks or female
breast without the consent of the
person/s involved and under
circumstances in which the
person/s has/have a reasonable
expectation of privacy;
(b) To copy or reproduce, or to
cause to be copied or
reproduced, such photo or video
or recording of sexual act or any
similar activity with or without
consideration;
(c) To sell or distribute, or cause
to be sold or distributed, such
photo or video or recording of
sexual act, whether it be the
original copy or reproduction
thereof; or
(d) To publish or broadcast, or
cause to be published or
broadcast, whether in print or
broadcast media, or show or
exhibit the photo or video
coverage or recordings of such
sexual act or any similar activity
through VCD/DVD, internet,
cellular phones and other similar
means or device.
The prohibition under paragraphs (b),
(c) and (d) shall apply notwithstanding
that consent to record or take photo or
video coverage of the same was given
by such person/s (Section 4, Ibid).
Exemption 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 use the record or any copy
thereof as evidence in any civil, criminal
investigation or trial of the crime of
photo or video voyeurism: 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/she may produce, and
upon showing that there are reasonable
grounds to believe that photo or video
voyeurism has been committed or is
about to be committed, and that the
evidence to be obtained is essential to
the conviction of any person for, or to
the solution or prevention of such, crime
(Section 6, Ibid).
Republic Act No. 7610 AN ACT
PROVIDING FOR STRONGER
DETERRENCE AND SPECIAL
PROTECTION AGAINST CHILD
ABUSE, EXPLOITATION AND
DISCRIMINATION, AND FOR OTHER
PURPOSES
Obscene Publications and Indecent
Shows Any person who shall hire,
employ, use, persuade, induce or
coerce a child to perform in obscene
exhibitions and indecent shows, whether
live or in video, or model in obscene
publications or pornographic materials
or to sell or distribute the said materials
(Section 9, Ibid).
Other Acts of Neglect, Abuse, Cruelty
or Exploitation and Other Conditions
Prejudicial to the Child's
Development
(a) Any person who shall commit
any other acts of child abuse,
cruelty or exploitation or to be
responsible for other conditions
prejudicial to the child's
development including those
covered by Article 59 of
Presidential Decree No. 603, as
amended, but not covered by the
Revised Penal Code, as
amended;
(b) Any person who shall keep or
have in his company a minor,
twelve (12) years or under or who
in ten (10) years or more his
junior in any public or private
place, hotel, motel, beer joint,
discotheque, cabaret, pension
house, sauna or massage parlor,
beach and/or other tourist resort
or similar places, Provided, That
this provision shall not apply to
any person who is related within
the fourth degree of
consanguinity or affinity or any
bond recognized by law, local
custom and tradition or acts in
the performance of a social,
moral or legal duty;
(c) Any person who shall induce,
deliver or offer a minor to any one
prohibited by this Act to keep or
have in his company a minor as
provided in the preceding
paragraph;
(d) Any person, owner, manager
or one entrusted with the
operation of any public or private
place of accommodation, whether
for occupancy, food, drink or
otherwise, including residential
places, who allows any person to
take along with him to such place
or places any minor herein and
the loss of the license to operate
such a place or establishment;
(e) Any person who shall use,
coerce, force or intimidate a
street child or any other child to;
(1) Beg or use begging as
a means of living;
(2) Act as conduit or
middlemen in drug
trafficking or pushing; or
(3) Conduct any illegal
activities xxx (Section 10,
Ibid).
Comparison of prosecution for Acts
of Lasciviousness under Article 336
of the Revised Penal Code and
Republic Act No. 7610, as amended
RA 7610 penalizes acts of
lasciviousness with a minor as child
abuse. For prosecution under the
special law, the elements of acts of
lasciviousness under the Code must be
proved as well as the elements of
sexual abuse under Section 5 of RA
7610. The victim in RA 7610 must be
child exploited in prostitution or
subjected to other sexual abuse. Where
the child is under 12 years of age, the
offender shall be prosecuted under the
RPC but the penalty shall be reclusion
temporal instead of prision correccional
(Boadp, 2012, p. 959).
In Olivares vs. Court of Appeals,
et al, G.R. No. 163866, July 29, 2005,
the majority in a 32 decision held that
where a 16year old girl, employed by
the accused to string sampaguita
garlands for sale, was called by the
latter into his house where he forcibly
embraced here, held her breast and
kissed her lips, the accused was guilty
of violating Section 5, RA 7610. It was
opined that the two requisite elements
therefor were present, i.e. the accused
committed a lascivious conduct and with
a child subjected to other sexual abuse
through coercion or intimidation.
Note: Section 5 thereof provides
that children, whether male or
female, who for money, profit or
any other consideration or due to
the coercion or influence of any
adult, syndicate or group, indulge
in xxx lascivious conduct, are
deemed to be children exploited
in prostitution and other sexual
abused.
The dissent trenchantly pointed
out that while there were acts of
lasciviousness as understood in Article
336 of the Code and which constituted
the first element, the second element
consisting of the special circumstance
that the child was subjected to other
sexual abuse was not present. The
lascivious acts performed on the child
are separate and distinct from the
additional fact of the childs subjection to
other sexual abuse, which are
enumerate and defined in Section 3 of
the Act.
Thus, the accused could validly
be convicted only for violation of Article
336 of the Code but not for the offense
contemplated in Section 5 of RA 7610
since the complementary circumstance
therefor was neither alleged nor proved.
This polarity is further underscored by
the disparity of the penalties for those
variant offenses, prision correccional
under the Code and reclusion temporal
to reclusion perpetua in the Act
(Regalado, pp. 747 748).
In People vs. Jalosjos, G.R. No.
13287679, November 16, 2001, the
Supreme Court adopted the definition of
lascivious conduct in Section 32,
Article XIII of the Implementing Rules
and Regulations of RA 7160, which
reads as follows:
The intentional touching, either
directly or through clothing, of the
genitalia, anus, groin, breast inner thigh
or buttocks; or the introduction of any
object into the genitalia, anus or mouth
of any person, whether the same or
opposite sex, with an intent to abuse,
humiliate, harass, degrade, or arouse or
gratify the sexual desire of any person;
bestiality, masturbation, lascivious
exhibition of the genitals or public area
of a person.
Republic Act No. 9208 AN ACT TO
INSTITUTE POLICIES TO ELIMINATE
TRAFFICKING IN PERSONS
ESPECIALLY WOMEN AND
CHILDREN, ESTABLISHING THE
NECESSARY INSTITUTIONAL
MECHANISMS FOR THE
PROTECTION AND SUPPORT OF
TRAFFICKED PERSONS, PROVIDING
PENALTIES FOR ITS VIOLATIONS,
AND FOR OTHER (or commonly known
as ANTI TRAFFICKING ACT)
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 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. It also includes recruitment,
transportation, transfer, harbouring or
receipt of a child for the purpose of
exploitation (Section 3[a], RA 9208).
Punishable Acts
1. Acts of Trafficking in Persons -
it shall be unlawful for any
person, natural or juridical, to
commit any of the following acts:
(a) To recruit, transport, transfer;
harbor, provide, or receive a
person by any means, including
those done under the pretext of
domestic or overseas
employment or training or
apprenticeship, for the purpose of
prostitution, pornography, sexual
exploitation, forced labor, slavery,
involuntary servitude or debt
bondage;
(b) To introduce or match for
money, profit, or material,
economic or other consideration,
any person or, as provided for
under Republic Act No. 6955, any
Filipino woman to a foreign
national, for marriage for the
purpose of acquiring, buying,
offering, selling or trading him/her
to engage in prostitution,
pornography, sexual exploitation,
forced labor, slavery, involuntary
servitude or debt bondage;
(c) To offer or contract marriage,
real or simulated, for the purpose
of acquiring, buying, offering,
selling, or trading them to engage
in prostitution, pornography,
sexual exploitation, forced labor
or slavery, involuntary servitude
or debt bondage;
(d) To undertake or organize
tours and travel plans consisting
of tourism packages or activities
for the purpose of utilizing and
offering persons for prostitution,
pornography or sexual
exploitation;
(e) To maintain or hire a person
to engage in prostitution or
pornography;
(f) To adopt or facilitate the
adoption of persons for the
purpose of prostitution,
pornography, sexual exploitation,
forced labor, slavery, involuntary
servitude or debt bondage;
(g) To recruit, hire, adopt,
transport or abduct a person, by
means of threat or use of force,
fraud, deceit, violence, coercion,
or intimidation for the purpose of
 removal or sale of organs of said acquisition of clearances and
person; and necessary exit documents from
(h) To recruit, transport or adopt government agencies that are
a child to engage in armed mandated to provide pre-
activities in the Philippines or departure registration and
abroad (Section 4, Ibid). services for departing persons for
2. Acts that Promote Trafficking the purpose of promoting
in Persons - The following acts trafficking in persons;
which promote or facilitate (e) To facilitate, assist or help in
trafficking in persons, shall be the exit and entry of persons
unlawful: from/to the country at
(a) To knowingly lease or international and local airports,
sublease, use or allow to be used territorial boundaries and
any house, building or seaports who are in possession
establishment for the purpose of of unissued, tampered or
promoting trafficking in persons; fraudulent travel documents for
(b) To produce, print and issue or the purpose of promoting
distribute unissued, tampered or trafficking in persons;
fake counseling certificates, (f) To confiscate, conceal, or
registration stickers and destroy the passport, travel
certificates of any government documents, or personal
agency which issues these documents or belongings of
certificates and stickers as proof trafficked persons in furtherance
of compliance with government of trafficking or to prevent them
regulatory and pre-departure from leaving the country or
requirements for the purpose of seeking redress from the
promoting trafficking in persons; government or appropriate
(c) To advertise, publish, print, agencies; and
broadcast or distribute, or cause (g) To knowingly benefit from,
the advertisement, publication, financial or otherwise, or make
printing, broadcasting or use of, the labor or services of a
distribution by any means, person held to a condition of
including the use of information involuntary servitude, forced
technology and the internet, of labor, or slavery (Section 5,
any brochure, flyer, or any Ibid)..
propaganda material that 3. Qualified Trafficking in
promotes trafficking in persons; Persons - The following are
(d) To assist in the conduct of considered as qualified
misrepresentation or fraud for trafficking:
purposes of facilitating the
(a) When the trafficked person is
a child;
(b) When the adoption is effected
through Republic Act No. 8043,
otherwise known as the "Inter-
Country Adoption Act of 1995"
and said adoption is for the
purpose of prostitution,
pornography, sexual exploitation,
forced labor, slavery, involuntary
servitude or debt bondage;
(c) When the crime is committed
by a syndicate, or in large scale.
Trafficking is deemed committed
by a syndicate if carried out by a
group of three (3) or more
persons conspiring or
confederating with one another. It
is deemed committed in large
scale if committed against three
(3) or more persons, individually
or as a group;
(d) When the offender is an
ascendant, parent, sibling,
guardian or a person who
exercises authority over the
trafficked person or when the
offense is committed by a public
officer or employee;
(e) When the trafficked person is
recruited to engage in prostitution
with any member of the military
or law enforcement agencies;
(f) When the offender is a
member of the military or law
enforcement agencies; and
(g) When by reason or on
occasion of the act of trafficking
in persons, the offended party
dies, becomes insane, suffers
mutilation or is afflicted with
Human Immunodeficiency Virus
(HIV) or the Acquired Immune
Deficiency Syndrome (AIDS)
(Section 6, Ibid).
4. Breach of confidentiality - In
cases when prosecution or trial is
conducted behind closed-doors, it
shall be unlawful for any editor,
publisher, and reporter or
columnist in case of printed
materials, announcer or producer
in case of television and radio,
producer and director of a film in
case of the movie industry, or any
person utilizing tri-media facilities
or information technology to
cause publicity of any case of
trafficking in persons (Section 7,
Ibid); and
5. Use of Trafficked Persons - Any
person who buys or engages the
services of trafficked persons for
prostitution (Section 11, Ibid).
Republic Act No. 9262 AN ACT
DEFINING VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN,
PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS,
PRESCRIBING PENALTIES
THEREFORE, AND FOR OTHER
PURPOSES (or commonly known as
VAWC)
Violence against women and their
children refers to any act or a series
of acts committed by any person against
a woman who is his wife, former wife, or
against a woman with whom the person
has or had a sexual or dating
relationship, or with whom he has a
common child, or against her child
whether legitimate or illegitimate, within
or without the family abode, which result
in or is likely to result in physical, sexual,
psychological harm or suffering, or
economic abuse including threats of
such acts, battery, assault, coercion,
harassment or arbitrary deprivation of
liberty. It includes, but is not limited to,
the following acts:
A. Physical Violence refers to acts
that include bodily or physical harm;
B. Sexual Violence refers to an act
which is sexual in nature, committed
against a woman or her child. It
includes, but is not limited to:
1) 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 victims 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;
2) acts causing or attempting to
cause the victim to engage in any
sexual activity by force, threat of
force, physical or other harm or
threat of physical or other harm
or coercion;
3) 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 (Section 3[a], RA
9262).
Punishable Acts
Acts of Violence Against Women and
Their Children - The crime of violence
against women and their children is
committed through any of the following
acts:
(a) Causing physical harm to the woman
or her child;
(b) Threatening to cause the woman or
her child physical harm;
(c) Attempting to cause the woman or
her child physical harm;
(d) Placing the woman or her child in
fear of imminent physical harm;
(e) Attempting to compel or compelling
the woman or her child to engage in
conduct which the woman or her child
has the right to desist from or desist
from conduct which the woman or her
child has the right to engage in, or
attempting to restrict or restricting the
womans or her childs freedom of
movement or conduct by force or threat
of force, physical or other harm or threat
of physical or other harm, or intimidation
directed against the woman or child.
This shall include, but not limited to, the
following acts committed with the
purpose or effect of controlling or
restricting the womans or her childs
movement or conduct:
(1) Threatening to deprive or
actually depriving the woman or
her child of custody to her/his
family;
(2) Depriving or threatening to
deprive the woman or her
children of financial support
legally due her or her family, or
deliberately providing the
womans children insufficient
financial support;
(3) Depriving or threatening to
deprive the woman or her child of
a legal right;
(4) Preventing the woman in
engaging in any legitimate
profession, occupation, business
or activity or controlling the
victims own mon4ey or
properties, or solely controlling
the conjugal or common money,
or properties;
(f) Inflicting or threatening to inflict
physical harm on oneself for the
purpose of controlling her actions or
decisions;
(g) Causing or attempting to cause the
woman or her child to engage in any
sexual activity which does not constitute
rape, by force or threat of force, physical
harm, or through intimidation directed
against the woman or her child or
her/his immediate family;
(h) Engaging in purposeful, knowing, or
reckless conduct, personally or through
another, that alarms or causes
substantial emotional or psychological
distress to the woman or her child. This
shall include, but not be limited to, the
following acts:
(1) Stalking or following the
woman or her child in public or
private places;
(2) Peering in the window or
lingering outside the residence of
the woman or her child;
(3) Entering or remaining in the
dwelling or on the property of the
woman or her child against
her/his will;
(4) Destroying the property and
personal belongings or inflicting
harm to animals or pets of the
woman or her child; and
(5) Engaging in any form of
harassment or violence;
(i) Causing mental or emotional anguish,
public ridicule or humiliation to the
woman or her child, including, but not
limited to, repeated verbal and
emotional abuse, and denial of financial
support or custody of minor children of
access to the womans child/children
(Section 5, Ibid)
TITLE TWELVE. CRIMES AGAINST
CIVIL STATUS (ARTICLES 347352)
Article 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 crimes mentioned in the two next
preceding paragraphs, shall suffer
the penalties therein prescribed and
also the penalty of temporary special
disqualification.
Acts Punishable:
1. Simulation of births;
2. Substitution of one child for another;
3. Concealing or abandoning any
legitimate child with intent to cause
such child to lose its civil status.
Object of the crime is the creation of
false or the causing of the loss of civil
status (U.S. vs. Capillo, G.R. No. 9279,
March 25, 1915).
Article 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 for the
purpose of defrauding the offender
part or his heirs; otherwise, the
penalty of prision correccional in its
medium and maximum periods shall
be imposed.
Civil Status includes ones station or
profession, or the rights, duties,
capacities and incapacities which
determine a person in a given class.
The offender usurps the civil status of
another. Fraud is not an element of the
crime, it merely affects the penalty,
purpose of defrauding the offended
party of this heirs.
In Article 348, in order to constitute a
crime there must be intent to enjoy the
rights arising from the civil status of
another. In Article 178, there must be
intent of damage to public interest. In
Article 315, there must be intent to
cause damage to private interest.
Article 349. Bigamy The penalty of
prision mayor shall be imposed upon
any person who shall contract a
second or subsequent marriage
before the former marriage has been
legally dissolved, or before the
absent spouse has been declared
presumptively dead by means of a
judgment rendered in the proper
proceedings.
Elements:
1. The offender has been legally
married;
2. The marriage has not been legally
dissolved or, in the case the spouse
is absent, the absent spouse could
not yet be presumed dead;
3. He contracts a second or
subsequent marriage; and
4. The second or subsequent marriage
contains all the essential requisites
for validity.
One who contracts a second marriage
while a former legal marriage is still
existing and undisclosed (U.S. vs.
McLeod, G.R. No. 1601, March 28,
1904).
One who contracts a second marriage
before the absent spouse has been
declared presumptively dead by means
of a judgment (Lukban vs. Republic,
G.R. No. L-8492, February 29, 1956).
One who contracts a second marriage
before the judicial declaration of the first
marriage (Beltran vs. People, G.R. No.
137567, June 20, 2000)
A petition for declaration of nullity of the
second marriage is not a prejudicial civil
question that will suspend the
prosecution for bigamy (Landicho vs.
Relova, G.R. No. L-22579, February
23, 1968).
A person convicted of bigamy may still
be prosecuted for concubinage or
adultery; The second spouses who
knew of the first marriage is an
accomplice, as well as the person who
vouched for the capacity of either of the
contracting parties.The provision of
bigamy does not apply to persons
married under the Muslim Code.
(Malang vs. Moson, G.R. No. 119064,
August 22, 2000)
Article 350. Marriage contracted
against provisions of laws - The penalty
of prision correccional in its medium and
maximum periods shall be imposed
upon any person who, without being
included in the provisions of the next
proceeding article, shall have not been
complied with or that the marriage is in
disregard of a legal impediment.
Elements:
The offender contracted marriage;
and
He knew at the time that:
nder this, the offender must not be guilty
of bigamy. (Without being included in
the provisions of the next preceding
article)
BIGAMY ILLEGAL
MARRIAGE
Subsequent Subsequent
marriage must be marriage is TITLE THIRTEEN. CRIMES AGAINST
perfectly valid annullable or HONOR (ARTICLES 353364)
except that it is void even if there Article 353. Definition of libel A libel
bigamous. is no 1st is public and malicious imputation of a
marriage. crime, or of a vice or defect, real or
Refers only to Covers all imaginary, or any act, omission,
contracting of a 2nd marriages which condition, status, or circumstance
marriage before the are otherwise tending to cause the dishonor, discredit,
former marriage has violable or null or contempt of a natural or juridical
been legally and void other person, or to blacken the memory of one
dissolved or before than bigamous who is dead.
the absent spouse marriage. Elements:
has been declared 1. There must be an imputation of a
presumptively dead. crime, a vice or defect, real or
imaginary, or any act, omission,
Article 351: Premature marriages condition, status, or circumstance.
Repealed by RA No.10655 Without 2. The imputation must be made
prejudice to the provisions of the Family publicly;
Code on paternity and filiation, the 3. It must be made maliciously;
Article 351 punishing the crime of 4. The victim must be identifiable
premature marriage committed by a 5. The imputation must tend to cause
woman, is hereby repealed (Section 1, the:
Republic Act No. 10655).
Dishonor, (disgrace, scheme, ignominy);
Article 352: Performance of illegal Discredit, (loss of credit or reputation);
marriage ceremony - Priest or Contempt of a natural or juridical person
ministers of any religious (state of being despised); or
denomination or sect, or civil To blacken the memory of one who is
authorities who shall perform or dead.
authorize any illegal marriage
ceremony shall be punished in Publication in libel means making the
accordance with the provisions of the defamatory matter, after it has been
Marriage Law. written, known to someone other than
Persons liable for performance of the person to whom it has been written.
illegal marriage ceremony: It is the communication of the
Priest or ministers of any religious defamatory matter to some third
denomination or sect who performs person/s (Ledesma vs. CA, G.R. No.
or authorizes an illegal marriage 113216, September 5, 1997)
ceremony.
Civil authorities who shall perform or Test of Defamatory Imputation: It is
authorizes who shall perform or what the article conveyed to a fair and
authorize any illegal marriage reasonable man that should be
ceremony shall be in accordance considered, not the intent of the writer.
with the provisions of Family Code.
Imputation may cover:
1. Crime allegedly committed by the
offended party;
2. Vice or defect, real or imaginary, of
the offended party;
3. Any act, omission, condition, status
of, or circumstances relating to the
offended party.
Two Types of Malice:
Malice in fact shown by proof of ill-will
hatred, or purpose to injure, also known
as express malice;
Malice in law presumed to be
malicious from the defamatory
imputation even if it is true; proof is not
required because it is presumed to exist
from the defamatory imputation.
When the communication is
PRIVILEGED, malice is not presumed
from the defamatory words. Malice in
fact must be proved
When several persons are defamed:
1. If the defamation is made on
different occasion or by independent
acts, there are as many crimes of
libel as there are persons directly
addressed with such statements or
directly referred to.
2. If the defamation is made on a single
occasion.
a. Where the same was directed
at a class or group of
numerous persons in general
terms only without any
particular person being
directly addressed, there is no
victim identified or identifiable,
hence no actionable libel.
b. If the statement is so
sweeping or all embracing as
to apply to every individual in
that group or class so that the
defamatory statement
specifically pointed to him, he
can bring his action
separately.
c. If several identifiable victims
are libeled in a single article,
there are as many crimes of
libel as there are persons
defamed.
There is no crime if the defamatory
imputation is not published.
In order to maintain a libel suit, it is
essential that the victim be identifiable,
although not necessary that he be
named.
Article 354. Requirement of publicity
- Every defamatory imputation is
presumed to be malicious, even if it
be true, if no good intention and
justifiable motive for making it is
shown, except in the following cases:
A private communication made by
any person to another in the
performance of any legal, moral or
social duty; and
A fair and true report, made in good
faith, without any comments or
remarks, of any judicial, legislative or
other official proceedings which are
not of other official proceedings
which are not of confidential nature,
or of any statement, report or speech
delivered in said proceedings, or of
any other act performed by public
officers in the exercise of their
functions
Malice is not presumed in the following:
i. A private communication made
by any person to another in the
performance of any legal, moral,
or social duty; and
ii. A fair and true report:
iii. Made in good faith;
 iv. Without any comments or threatens another to publish a libel
remarks; concerning him or the parents,
v. Of any judicial, legislative, or spouse, child, or other members of
other official proceedings; the family of the latter or upon
vi. Which are not confidential in anyone who shall offer to prevent the
nature; publication of such libel for a
vii. Of any statement, report or compensation or money
speech delivered in said consideration.
proceedings; or Acts Punishable:
viii. Of any other act performed by 1. By threatening to publish a libel
public officers in the exercise of against another concerning the latter
their functions. or his parents, spouse, child, or other
members of his family.
The person libeled Is justified to hit back 2. By offering to prevent the publication
with another libel. But retaliation or of such libel for compensation or
vindictiveness cannot be a basis of self- money consideration.
defense in defamation. It must be a fair
answer and related to the imputation Blackmail is defined as unlawful
made. extortion of money by an appeal to the
fears of the victim, especially extortion
Article 355. Libel by writings or of money by threats of his family.
similar means - A libel committed by
means of writing, printing, Article 357. Prohibited publications
lithography, engraving, radio, of acts referred to in the course of
phonograph, painting, theatrical official proceedings - The penalty of
exhibition, cinematographic arresto mayor or a fine of from 20 to
exhibition, or any similar means, 2,000 pesos, or both, shall be
shall be punished by prision imposed upon any reporter, editor or
correccional in its minimum and manager or a newspaper, daily or
medium periods or a fine ranging magazine, who shall publish facts
from 200 to 6,000 pesos, or both, in connected with the private life of
addition to the civil action which may another and offensive to the honor,
be brought by the offended party. virtue and reputation of said person,
even though said publication be
Qualified Privileged Communication made in connection with or under the
defamatory imputations are not pretext that it is necessary in the
actionable unless found to have been narration of any judicial or
made without good intention/ justifiable administrative proceedings wherein
motive. such facts have been mentioned
Elements:
Article 356. Threatening to publish 1. The offender is a reporter, editor, or
and offer to present such publication manager of a newspaper daily or
for a compensation - The penalty of magazine;
arresto mayor or a fine from 200 to 2. He publishes facts connected with
2,000 pesos, or both, shall be the private life of another; and
imposed upon any person who
3. Such facts are offensive to the
honor, virtue and reputation of said
person.
This article is referred to as the Gag
Law because while a report of an official
proceedings is allowed, it gags those
who would publish therein facts which
this article prohibits, and punishes any
violation thereof.
The Gag Law bars from publication of
cases relating to adultery, divorce,
legitimacy of children, etc.
Article 358. Slander - Oral
defamation shall be punished by
arresto mayor in its maximum period
to prision correccional in its
minimum period if it is of a serious
and insulting nature, otherwise the
penalty shall be arresto menor or a
fine not exceeding 200 pesos.
Slander (oral defamation) libel
committed by oral (spoken) means,
instead of writing.
Elements:
1. There must be an imputation of a
crime or a vice or defect, real or
imaginary or any act omission,
condition, status or circumstances.
2. Imputation must be made publicly.
3. The imputation must be malicious.
4. The imputation must be directed at a
natural or judicial person, or one who
is dead; and
5. The imputation must tend to cause
the dishonor, discredit or contempt of
the person defamed, or to blacken
the memory of one who is already
dead.
Two Kinds:
Simple Slander;
Grave slander, when it is of a serious
and insulting nature.
Factors that determine the gravity of
the oral defamation:
Expressions used;
Personal relations of the accused and
the offended party;
Circumstances surrounding the case;
Social standing and position of the
offended party (Torreda vs. Toshiba
Information Equipment, Inc., G.R. No.
160351, April 10, 2006).
The slander need not be heard by the
offended party.
If the defamatory words were uttered in
the heat of anger, with some
provocation on the part of the offended
party, the crime is only slight oral
defamation (Villanueva vs. People,
G.R. No. 160351, June 25, 2012).
Article 359. Slander by deed The
penalty of arresto mayor in its
maximum period to prision
correccional in its minimum period or
a fine ranging from 200 to 1,000
pesos shall be imposed upon any
person who shall perform any act not
included and punished in this title,
which shall cast dishonor, discredit
or contempt upon another person. If
said act is not of a serious nature, the
penalty shall be arresto menor or a
fine not exceeding 200 pesos.
Slander by Deed any act which cast
dishonor, discredit, or contempt against
another.
Elements:
1. The offender performs any act not
included in any other crime against
honor;
2. Such act is performed in the
presence of other persons; and
3. Such act casts dishonor, discredit, or
contempt upon the offended party.
Slapping the face of another is slander
by deed if the intention of the accused is
to cause humiliation and shame.
Pointing a dirty finger constitutes
slander by deed (Villanueva v. People,
GR No. 160351, April 10, 2006)
Article 360. Persons responsible
Persons liable for libel:
1. Any person who shall publish,
exhibit, or cause the publication
or exhibition of any defamation in
writing or by similar means;
2. The author or editor of a book or
pamphlet;
3. The editor or business manager
of a daily newspaper, magazine,
or serial publication; or
4. The owner of the printing plant
which publishes a libelous article
with his consent and all other
persons who, in any way,
participate in or have connection
with its publication.
An independent civil action may
be filed simultaneously or separately in
the same RTC where the criminal action
was filed.
Each publication is a separate and
distinct libel giving rise to two distinct
causes of action (Montinola vs.
Montalvo, G.R. Nos. 10114 & 10137,
August 3, 1916).
Libel against a deceased person is
actionable (Marcos vs. Manglapus,
G.R. No. 8821, October 27, 1989).
Article 361. Proof of the truth - In
every criminal prosecution for libel,
the truth may be given in evidence to
the court and if it appears that the
matter charged as libelous is true,
and, moreover, that is was published
with defendants shall be acquitted.
Proof of the truth of an imputation of
an act or omission not constituting a
crime shall not be admitted, unless
the imputation shall have been made
against Government employees with
respect to facts related to the
discharged of their official duties.
In such cases if the defendant proves
the truth of the imputation made by
him, he shall be acquitted.
Proof of truth is admissible in any of
the following:
1. When the act or omission constitutes
a crime regardless of whether the
offender party is a private individual
or a public officer; or
2. When the offended party is a
Government employee, even if the
act or omission imputed does not
constitute a crime, provided it is
related to the discharge of his official
duties.
If the defendant proves the truth of
the imputation made by him, he shall
be acquitted when:
1. What is imputed is a crime; or
2. The imputation, not constituting a
crime is made against Government
employees with respect to the facts
related to the discharge of their
official duties, whether or not the
imputation is a crime.
Defense in Defamation:
1. It appears that the matters charged
as libelous are true; Incriminating Perjury by
2. It was published with good motives; Innocent Persons Making False
and Accusation
3. For justifiable end. Committed by Committed in
performing an act writing by
Article 362. Libelous remarks - which the offender testifying falsely
Libelous remarks or comments with directly incriminates or making a false
the matter privileged under the or imputes to an affidavit against
provisions of Article 354, if made with innocent person the another person.
malice, shall not exempt the author commission of a The gravamen of
thereof nor the editor or managing crime. the offense is the
editor of a newspaper from criminal imputation itself,
liability. falsely made.
Limited to an act of Limited to the
Libelous remarks or comments planting evidence giving of false
connected with the matter privileged and the like in order statement under
under the provisions of Art. 354, if to incriminate an oath or the
made with malice, shall not exempt innocent person. making of false
the author thereof or the editor or affidavit, imputing
managing director of a newspaper to a person the
from criminal liability. commission of a
crime.
Article 362 does not punish the
publication of privilege information but Article 363 does not apply to malicious
the libelous comments or remarks about prosecution of a charge against an
such privilege matters (U.S. vs. Dorr, innocent person, but to acts of planting
G.R. No. 1049, May 16, 1903). evidence and the like, which do not in
themselves constitute false prosecution
Article 363. Incriminating innocent but tend to directly cause false
person - Any person who, by any act prosecution (Ventura vs. Bernabe,
not constituting perjury, shall directly G.R. No. L-26760, April 30, 1971).
incriminate or impute to an innocent
person the commission of a crime, Article 364. Intriguing against honor
shall be punished by arresto menor. - The penalty of arresto menor or fine
Elements: not exceeding 200 pesos shall be
1. The offender performs an act; imposed for any intrigue which has
2. By such act he directly incriminate or for its principal purpose to blemish
imputes to an innocent person the the honor or reputation of a person.
commission of a crime; and
3. Such act does not constitute perjury. INTRUIGING DEFAMATION
AGAINST
Incriminating an innocent person HONOR
through unlawful arrest is possible The crime may be There is always an
(complex crime) (People vs. Alagao, committed element of
G.R. No. L-20721, April 30, 1966). through ingenious, publication (People
crafty, or secret vs. Fontanilla,
plot and without G.R. No. L-12102,
publication. September 29,
1959)
Source of Source is known
derogatory
statements cannot
be determined
Consists of some Committed in a
tricky and secret public and
plot malicious manner
Passes such The remarks made
utterances without are claimed to be
subscribing to the true
truth of the
remarks
Administrative Circular 08 2008
Guidelines in the Observance of a
Rule of Preference in the Imposition
of Penalties in Libel Cases
All courts and judges concerned
should henceforth take note of the
foregoing rule of preference set by the
Supreme Court on the matter of the
imposition of penalties for the crime of
libel bearing in mind the following
principles:
1. This Administrative Circular does
not remove imprisonment as an
alternative penalty for the crime
of libel under Article 355 of the
Revised Penal Code;
2. The Judges concerned may, in
the exercise of sound discretion,
and taking into consideration the
peculiar circumstances of each
case, determine whether the
imposition of a fine alone would
best serve the interests of justice
or whether forbearing to impose
imprisonment would depreciate
the seriousness of the offense,
work violence on the social order,
or otherwise be contrary to the
imperatives of justice;
3. Should only a fine be imposed
and the accused be unable to
pay the fine, there is no legal
obstacle to the application of the
Revised Penal Code provisions
on subsidiary imprisonment.
TITLE FOURTEEN. QUASI OFFENSES
(ARTICLE 365)
Article 365. Imprudence and
negligence - Any person who, be
reckless imprudence, shall commit
any act which, had it been
intentional, would constitute a grave
felony, shall suffer the penalty of
arresto mayor in 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.
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 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.
In the imposition of these
penalties, the court shall exercise
their sound discretion, without
regard to the rules prescribed in
Article sixty-four.
The provisions contained in
this article shall not be applicable:
1. When the penalty provided for the
offense is equal to or lower than
those provided in the first two
paragraph of this article, in which
case the court shall impose the
penalty next lower in degree than
that which should be imposed in
the period which they may deem
proper to apply.
2. When, by imprudence or
negligence and with violation of
the Automobile Law, to death of a
person shall be caused, in which
case the defendant shall be
punished by prision correccional
in its medium and maximum
periods.
Reckless imprudence consist
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.
Simple imprudence consist 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.
The penalty next higher in
degree to those provided for in this
article shall be imposed upon the
offender who fails to lend on the spot
to the injured parties such help as
may be in this hand to give (as
amended by RA 1790 approved June
21, 1957).
Acts Punishable:
1. By committing, through reckless
imprudence, any act which had it
been intentional, would constitute a
grave felony, or less grave felony or
light felony;
2. By committing through simple
imprudence or negligence, an act
which would otherwise constitute a
grave or less serious felony;
3. By causing damage to the property
of another through reckless
imprudence or negligence;
4. By causing through simple
imprudence or negligence some
wrong which, if done maliciously,
would have constituted a light felony.
Criminal Negligence consists in the
execution of an imprudent or negligent
act that, if intentionally done would be
punishable into a felony (Bonite vs. 4. Material damage results; and
Zosa, G.R. No. L-33772, June 20, 5. There is inexcusable lack of
1968). precaution on the part of the
offender, taking into consideration:
Negligence failure to observe for the a. His employment or
protection of the interests of another occupation;
person that degree of care, precaution, b. Degree of intelligence,
and vigilance which the circumstances Physical condition; and
justly demand, whereby such other c. Other circumstances
person suffers injury (Jarcia vs. regarding persons, time and
People, G.R. No. 187926, February 15, place.
2012).
In order for conviction to be decreed for
IMPRUDENCE NEGLIGENCE reckless imprudence, the material
Deficiency of Deficiency of damage suffered by the victim, the
action perception failure in precaution on the part of the
Failure in Failure in accused, and the direct link between
precaution advertence material damage and failure in
To avoid wrongful To avoid wrongful precaution must be established beyond
acts: one must acts: paying reasonable doubt (Tabao vs. People,
take the necessary proper attention GR No. 187246, July 20, 2011).
precaution once and using due
they are foreseen diligence in Simple imprudence - consist in the
foreseeing them lack of precaution displayed in those
cases in which the damage impending
Reckless Imprudence consists in to be caused is not immediate nor the
voluntary, but without malice, doing or danger clearly manifest
failing to do an act from which material
damage results by reason of Elements of Simple Negligence:
inexcusable lack of precaution on the 1. There is a lack of precaution on the
part of the person performing or failing part of the offender; and
to perform such act, taking into 2. The damage impending to be
consideration: (1) his employment or caused is not immediate nor the
occupation; (2) his degree of danger clearly manifest.
intelligence; (3) his physical condition;
and (4) other circumstances regarding Test for Negligence and Imprudence
persons, time and place (Abueva vs. Emergency Rule Lack of opportunity
People, G.R. No. 134387, September to consider the wisest choice because of
27, 2002) the negligence of another is not guilty of
negligence if he makes such choice
Elements of Reckless Imprudence: which a person of ordinary prudence
1. The offender does or fails to do an placed in such position might make
act; (People vs. Santos, GR No. 188-1089-
2. The doing of or the failure to do an R, September 26, 1974).
act is voluntary;
3. Without malice;
Would a prudent man, in the position of
the person to whom negligence is
attributed, foresee harm to the person
injured as a reasonable consequence of
the course about to be pursued? If so,
the law imposes a duty on the actor to
refrain from that course or to take
precaution against its mischievous
results, and the failure to do so
constitutes negligence (Picart vs.
Smith, GR No. 12219, March 15,
19189).
Last Clear Chance where both
parties are negligent but the negligent
act of one is appreciable later in point of
time than that of the other, or where it is
impossible to determine whose fault or
negligence brought about the
occurrence of the incident, the one who
had the last clear opportunity to avoid
the impending harm but failed to do so,
is chargeable with the consequences
arising there from (People vs. Lopez,
GR No. 1141-R, August 21, 1947).
Effect of concurrent proximate cause
of two negligent acts Where two
concurrent or successive negligent acts
or omission of two or more persons,
although acting independently of each
other, are, in combination, the direct and
proximate cause of a single injury to a
third person, and it is impossible to
determine in what proportion each
contributed to the injury, either is
responsible for the whole injury even
though his act alone might not have
caused the entire injury (People vs.
Desalisa, No. 26413-R, October 17,
1960)
Ivler Case Doctrine The Supreme
Court held that reckless imprudence
or negligence is a crime in itself.
Hence, once convicted or acquitted of a
specific act of reckless imprudence, the
accused may not be prosecuted again
for that same act. For the essence of the
quasi offense of criminal negligence
under Article 365 of the PRC lies in the
execution of an imprudent or negligent
act that, if intentionally done, would be
punishable as a felony. The law
penalizes the negligent or careless act,
not the result thereof. The gravity of the
consequence is only taken into account
to determine the penalty, it does not
qualify the substance of the offense.
And, as the careless act is single,
whether the injurious result should affect
one person or several persons, the
offense (criminal negligence) remains
one and the same, and cannot be split
into different crimes and prosecutions
(Ivler vs. San Pedro and Ponce, GR
No. 172716, November 17, 2010).
Criminal negligence resulting in
homicide or physical injuries is not an
independent civil action under Article 33
of the Civil Code (Corpus vs. Paje,
G.R. No. L-26737, July 31, 1961).
References:
Boado, Leonor D. Notes and Cases
on the Revised Penal Code: Books 1
and 2 and Special Penal Laws, 2012
Edition Rex. Printing Company, Inc:
Quezon City.
Regalado, Florenz D (2007), Criminal
Law Conspectus, 2007 Edition.
Philippine Graphics Arts, Inc:
Caloocan City.
Reyes, Luis B (2012). The Revised
Penal Code: Book One, 18th Edition,
Rex Printing Company, Inc: Quezon
City.
Reyes, Luis B (2012). The Revised
Penal Code: Book Two, 18th Edition,
Rex Printing Company, Inc: Quezon
City.